EDE 


UNIVERSITY 

OF  CALIFORNIA 

LOS  ANGFLES 


SCHOOL  OF  LAW 
LIBRARY 


HENNING'S 

GENERAL    LAWS 

OF 

CALIFORNIA 


AS  AMENDED   AND   IN  FORCE   AT   THE   CLOSE   OF   THE 
FORTY-THIRD    SESSION    OF    THE    LEGISLATURE, 
1919,  INCLUDING  INITIATIVE  AND  REFEREN- 
DUM ACTS  ADOPTED  AT  THE  GENERAL 
ELECTION  OF  1920. 


THIRD  EDITION 

IN  TWO  VOLUMES 


EDITED  AND  ANNOTATED 

BV 

W.  H,  HYATT 


VOLUME  ONE 


SAN  FRANCISCO 
BENDER- MOSS     COMPANY 

LAW-BOOK    PUBLISHERS 
1921 


s 

c  %i 

Copyright  1921 
By  Bender-Moss  Company 


WILLIAMS    PRINTING   COMP'IT 


INDEPENDENT    PKESSROOM 


FOREWORD 


The  object  of  the  following  work  is  to  present  all  of  the  general  laws  of  the 
state  of  California,  which  are  now  in  force,  in  a  single  volume,  and  in  as  complete 
a  form  as  possible.  With  the  purpose  of  rendering  the  compilation  as  convenient 
as  practicable  in  use,  the  cyclopedic  or  alphabetical  arrangement  has  been  adopted, 
and  no  pains  have  been  spared  to  make  the  whole  as  complete  as  possible,  alike  in 
statutes,  their  histories,  and  references  to  the  cases  decided  in  which  a  statute  is 
involved.  For  the  convenience  of  those  who  may  desire  to  trace  any  particular 
statute  from  its  inception  to  its  present  form,  in  each  case  the  volume  and  page 
of  the  session  laws  where  the  original  enactment  appears  is  given,  as  well  as  the 
volume  and  the  page  of  each  and  every  amendment  or  revision  thereof. 

The  general  laws  are  found  in  thirty-six  volumes  of  session  laws,  with  many 
conflicting  provisions;  which  volumes  contain  also  an  innumerable  mass  of  con- 
flicting special  legislation.  With  special  legislation,  nothing  has  been  attempted ; 
it  is  only  the  general  laws  in  force  that  have  been  collated.  Many  general  laws 
have  been  codified  and  carried  into  the  appropriate  codes,  and  where  this  has 
been  done  the  fact  is  noted  and  reference  made  to  the  appropriate  section  of  the 
particular  code  into  which  the  statute,  or  part  of  the  statute,  has  been  carried. 

In  the  various  conflicting  enactments,  amendments,  revisions,  and  repeals,  it 
is  sometimes  a  difficult  matter  to  decide  just  what  acts,  or  parts  of  acts,  are  still 
in  force,  and  it  will  require  a  decision  of  the  supreme  court  to  finally  settle  the 
question.  We  do  not  claim  to  be  able  to  judicially  determine  whether  certain 
laws  are  "in  force."  It  is  possible  that  the  courts  may  in  some  decisions  declare 
that  there  is  some  vitality  existing  in  a  statute  that  has  been  omitted  from  this 
volume  as  "superseded"  or  repealed;  but  our  effort  has  been  to  err,  if  at  all,  by 
inserting  statutes  where  there  is  doubt  as  to  their  vitality,  rather  than  by  omitting 
them. 

There  are  many  subjects  of  legislation  having  a  history,  and  we  have  endeavored 
to  give  such  history  by  reference,  in  the  notes,  to  past  legislation  on  such  subjects. 
On  the  subject  of  Corporations,  the  notes  embrace  upwards  of  seventy  statutes 
enacted  from  1850  to  the  adoption  of  the  codes.  The  subjects  of  Roads  and  High- 
ways and  Municipal  Government  are  exhaustively  annotated,  and  all  other  sub- 
jects are  treated  with  thoroughness;  so  that  it  is  believed  the  busy  lawyer,  the 
student,  the  professor,  and  the  judge, — in  fact,  every  one  having  occasion  to  con- 
sult the  laws  of  this  state, — will  here  find  ready  the  laws  as  they  are  today,  with 
references  to  the  decisions  construing  them,  and  to  the  history  of  the  legislation 
on  the  subjects  they  would  inquire  into. 

A  table  of  statutes,  from  1872  to  1905,  which  have  been  held  unconstitutional, 
or  otherwise  void,  or  repealed,  in  decisions  of  the  supreme  court  of  this  state, 
together  with  references  to  the  decisions,  from  volume  45  to  volume  145,  inclu- 
sive, of  the  California  Reports,  is  given  for  convenience  of  ready  reference. 

Pacific  Reporter  citations,  as  well  as  duplicate  references  to  the  American 
Decisions,  American  Reports,  American  State  Reports,  and  the  Lawyers'  Reports 
Annotated,  are  given. 

Numerous  references  are  made  to  the  notes  or  annotations  in  the  Trinity  Series 

(ia) 


FOREWORD. 


and  the  Lawyers'  Reports  Annotated,  wherein  will  be  found  valuable  discussions 
on  the  points  to  which  the  references  are  made.  No  pains  have  been  spared  to 
make  the  work  as  complete  and  serviceable  to  the  bench  and  bar  as  it  is  practicable 
to  make  it.  In  the  matter  of  annotation  it  has  not  been  sought  to  abstract  the 
point  decided  or  to  give  the  reasoning  of  the  court  in  arriving  at  its  conclusion ; 
the  author  has  been  contented  with  merely  referring  to  the  case  and  the  page 
where  the  discussion  will  be  found.  The  occasional  departing  from  this  rule  is 
confined  to  a  few  instances  only,  in  which  the  decision  referred  to  is  likely  not  to 
be  found  upon  the  shelves  of  the  library  of  many  lawyers. 

The  publication  of  this  series,  presenting  the  codes  and  statute  laws  of  Cali- 
fornia as  they  are  to-day,  is  not  a  spasmodic  effort  on  the  part  of  the  publishers. 
A  staff"  of  trained  writers  and  annotators  has  for  some  time  been  engaged  in  this 
work,  and  will  be  retained;  so  that  not  only  the  laws  of  California,  as  now 
presented,  will  be  kept  up  to  date  in  a  convenient  and  inexpensive  form  in  the 
future,  but  other  valuable  publications  of  various  subjects  in  the  different  depart- 
ments of  the  law  will  be  put  forth  from  time  to  time,  in  keeping  with  the  public 
demand  therefor.  jy^  p^  Henninq. 

August  11,  1905. 


(It) 


PREFACE  TO  SECOND  EDITION 


In  the  second  edition,  the  general  arrangement  of  the  matter  in  the  first 
edition  has  been  preserved.  For  the  sake  of  facilitating  reference  to  the  acts, 
however,  the  subject  matter  has  been  divided  into  chapters  and  the  acts  themselves 
have  been  numbered.  For  the  information  of  the  profession,  many  acts  that 
liave  been  repealed  or  codified  and  many  special  acts  have  been  given  by  title. 
In  1907  the  Code  Commission,  under  the  authority  given  them  by  the  legisla- 
ture, published  a  list  of  "statutes  in  force"  from  1850  to  1907.  This  very  valu- 
able report  has  been  made  very  largely  the  basis  of  the  acts  referred  to.  The 
Code  Commissioners'  notes  on  these  acts  have  also  been  given.  It  has  been  the 
object  to  make  the  work  as  complete  a  history  of  the  statutes  as  is  possible  under 
the  circumstances.  The  general  laws  in  force  have  been  given  in  full.  The  other 
acts  have  been  given  by  title  only.  j^^^^  jj_  Deerinq. 


PREFACE  TO  THIRD  EDITION 


In  the  present  edition  of  Henning's  General  Laws  the  general  arrangement  of 
the  matter  in  the  first  and  second  editions  is  preserved.  The  only  changes  made 
are  such  as  seemed  to  facilitate  the  practical  use  of  the  book.  Certain  acts  have 
been  transferred  from  one  chapter  to  another  where  such  change  was  believed  to 
be  in  the  interest  of  a  more  practical  arrangement.  All  general  laws  in  force  are 
collected  and  published  in  full.  All  local  and  special  acts  in  force  are  collected 
and  published  either  in  full  or  by  title.  All  laws  whether  general  or  special  that 
have  been  repealed  or  superseded  are  omitted.  Such  laws  are  referred  to  in  the 
history  of  the  repealing  or  superseding  acts.  A  large  number  of  acts  that  have 
been  declared  unconstitutional,  or  found  to  be  obsolete  by  reason  of  the  accom- 
plishment of  their  purpose,  have  been  omitted;  but  wherever  the  grounds  of 
the  unconstitutionality  were  of  such  general  interest  as  to  make  the  cases  appli- 
cable to  all  other  legislation,  the  acts  Avere  retained  by  title  for  the  purpose  of  the 
annotations.  No  local  or  special  act  which  carries  rights  still  existing,  has  been 
omitted,  although  the  act  may  have  become  obsolete  for  one  reason  or  another. 
Local  acts  have  been  retained,  wherever  there  was  the  slightest  doubt  upon  the 
subject,  although,  in  the  editor's  judgment,  they  have  been  repealed  or  super- 
seded; but  in  all  such  cases  an  editor's  explanatory  note  will  be  found. 

The  annotations  have  been  restricted  to  questions  of  constitutionality,  con- 
struction and  application,  and  to  the  administrative  questions  which  have  arisen 
under  the  particular  act.  No  attempt  has  been  made  to  annotate  the  decisions 
which  present  mere  principles  of  substantive  law,  not  arising  from  the  provisions 
of  the  act  itself.  For  example,  the  annotations  under  the  banking  act  do  not 
include  the  decisions  applicable  to  the  subject  of  banking  in  general.  The  anno- 
tations under  the  motor  vehicle  act  relating  purely  to  questions  of  negligence, 
unless  affected  by  provisions  of  the  act  itself,  have  been  omitted.  Otherwise,  it 
has  been  the  purpose  to  make  the  annotations  as  complete  and  as  serviceable  as 
possible.  The  editor  has  sought  to  bring  the  annotations  down  to  the  date  of 
publication  and  believes  that  he  has  done  so  as  far  as  the  difficulties  of  the  task 
would  permit  him.  -^^  ^  Hyatt. 

San  Francisco,  Cal., 
Februar7  17,  1921. 


r^> 


TABLE  OF  CONTENTS 


INTRODUCTORY  MATTERS 

Constitution  of  the  United  States,  p.  zxi.  Constitution   of  California,  p.  zzzlL 


GENERAL  LAWS  OF  CALIFORNIA 


Chapter   1 — Acconntancy,  p.   1. 

state  board  of  accountancy.  Act  9,  p.  1. 

Chapter  2 — Acknoirledgineiits,  p.   3. 

legalizing'     certain     acknowledgments. 
Act  12.  p.  3. 

Chapter   3 — Adulteration,   p.   4. 

food  and  drug  adulteration,  Act  25,  p.  4. 

food  and  liquor  act,  Act  26,  p.  6. 

drug  act.  Act  27,  p.  12. 

paints,      oils,     varnishes     and     pigments. 
Act  29,  p.   17. 

dairy  products.  Act  36,  p.   18. 

honey.  Act  38,  p.  20. 

syrup,  Act  39,  p.  21. 

analysis,    for   adulteration.   Act   41,   p.   21. 

insecticide  and  fungicide  act.  Act  45,  p.  23. 
Chapter  4 — Advertiaeinents,  p.  28. 

lawful    and   unlawful   signs,    etc..    Act   60, 
p.  28. 

venereal  disease  remedies.  Act  61,  p.  29. 

fraudulent.  Act   62,   p.   29. 
Chapter   5 — Agrlcnlture,  p.  30. 

I.  agricultural   buildings   and   park,   p.   31. 
state  fair  buildings.  Act  65,  p.  31. 
woman's   building.   Act   66,   p.   33. 
machinery  hall.  Act  67,  p.   34. 

dairy  buildings.  Act   68,  p.   34. 
raemorial  buildings,  Act  69,  p.   34. 
extension  of  fair  grounds.  Act  70,  p.  84. 
improvement     of     park     by     day's     work. 

Act  70a,   p.  35. 
improvement  of  park.  Act  70b,  p.   35. 
relief    of    directors    of    society.    Act    70c 

p.   35. 

II.  state  agricultural  society,  p.  36. 
incorporation  of  society,  Act  71,  p.  36. 
management      and      control      of      society. 

Act  72,   p.   36. 

III.  county    and    district    agricultural    so- 
cieties and  associations,  p.  39. 

incorporation    of   county   and   district   so- 
cieties, Act  73,  p.  39. 
sale  of  society  lands,  Act  74,  p.  39. 

IV.  agricultural   districts,    p.    42. 
district  act  of  1909,  Act  74a,  p.   42. 
land  leasing  act.  Act  74b,  p.   45. 

V.  miscellaneous,    department   of  agricul- 

ture,  p.    46. 
improvement     of    cereal     crops,     Act    75, 

p.    46. 
propagation    of    Johnson    grass.    Act    77, 

p.   46. 
investigation    of    plant    diseases.    Act    78, 

p.  47. 

i 


Chapter   5 — Agrricultnre — (Continued), 
agricultural  expert.  Act  93,  p.  48. 
delegates  on  rural  credits  and  agricultural 

finance   commission,  Act   94,   p.   48. 
agricultural  extension  work,  Act  95,  p.  49. 
department  of  agriculture.  Act   96,   p.   49. 
Chapter  6 — Alameda  City,  p.  53. 

freeholders'    charter    of   the   city   of   Ala- 
meda, Act  104,  p.  53. 
street    extension    and    widening,    Act   106, 

p.  53. 
extension  of  streets.  Act  107,  p.  53. 
school  building  fund.  Act  108,  p.  54. 
salt  marsh  and  tide  land,  Act  109,  p.  64. 
Chapter  7 — Alameda  County,  p.   56. 

increase    of    number    of    superior    judgres. 

Act  124,   p.  56. 
receiving  hospital,  Act  130,  p.  56. 
bridge    across    San    Antonio    estuary.    Act 
131,  p.  56. 
Chapter   8 — Albany,  p.   56. 

tide  land  grant.  Act   146,  p.  56. 
Chapter   9 — Alhamb'ra,  p.   57. 

freeholders'  charter.  Act  147,  p.  57. 
Chapter  10 — Aliens,  p.  57. 

licenses   to   aliens.   Act  150,   p.    57. 
indexing    of    persons    who    have    declared 

intention,    Act   151,   p.    58. 
escheated  estates.  Act  152,  p.   58. 
fishing  by  aliens.  Act  153,   p.   58. 
employment  of  native  born  and   natural- 
ized citizens  in  public  offices.  Act  156. 
p.  58. 
alien   land  law,  Act  156,  p.  59. 
Chapter   11 — Amador  City,  p.   63. 
hogs  and  goats,  Act  176,  p.  63. 
Chapter  12 — Amador  County,  p.   63. 

portion    of    El    Dorado    county    added    to. 

Act  185,  p.  63. 
Indebtedness    prior    to    organization.    Act 

186,  p.  63. 
Amador  and  Nevada  wagon  road.  Act  187, 

p.   64. 
trespassing  of  goats,  Act  188,  p.   64. 
hogs  and  goats,  Act  189,  p.  64. 
Chapter    13 — American    Water    and    Mlafny 
Company,   p.    64. 
extension  of  works.  Act  195,  p.  64. 
Chapter  14 — Animain,  p.   64. 

destruction  of  squirrels  and  gophers.  Act 

249,   p.   65. 
abatement  of  squirrel   nuisance.   Act   260, 

p.   65. 
destruction     of    predatory    animals.     Act 
251.  p.  65. 
▼M  ) 


TABLE   OF   CONTENTS. 


Chapter  14a — Apiaries,  p.  66. 

apiary   inspection   act,   Act   282,   p.    66, 
Chapter  15 — Appropriations,  p.  68. 

general     appropriations,      1919,     Act  •  300, 
p.    68. 
Chapter   16 — Arbitration,   p.    84. 

state  board  of  arbitration,   Act  306,  p.  84. 
Chapter  17 — Areata,  p.  86. 

tide  land  grant.  Act  313,  p.  86. 
Chapter  18 — Arcliitecture,  p.  88. 

practice   of  architecture.   Act  317,   p.   88. 
Chapter  19 — Arms,  p.   92. 

authorizing    the    governor    to    issue    arms 
and    accoutrements     to     colleges    and 
academies,  Act  323,  p.   92. 
Chapter  20 — Asexnalization,  p.   93. 

asexualization    in    state    institutions,    Act 
346,  p.   93. 
Chapter   2i — Auburn,   p.    94. 

removal  of  cemetery.  Act  381,  p.  94. 
Chapter  22 — Auditors,  p.   94. 

report  of  commitments.  Act  385,  p.  94. 
Chapter   23 — Baltersfield,  p.   95. 

freeholders'  charter.  Act  387,  p.  95. 
Chapter     24 — Banltruptcy     and     Insolvency, 
p.   95. 
insolvent  act  of  1895,  Act  392,  p.  95. 
Chapter   25 — Banlcs  and  Bankingr.   P-   141. 
involuntary  dissolution  of  savings  banks, 

Act  406,  p.  141. 
the  "bank  act,"  Act  409,  p.  143. 
involuntary  liquidation  of  banks.  Act  410, 
p,    231. 
Chapter   26 — Bathing  Resorts,  p.   232. 

bathing    resorts    on    rivers    and    streams, 

Act  433,  p.   232. 
bathing    resorts    on    seacoast    and    lakes, 

Act   434,   p.    233.       ^ 
general  sanitation  act.  Act  435,  p.  233. 
Chapter   26a — Benefit  Societies,  p.   235. 
fraternal  insurance  act.  Act  440,  p.   235. 
unincorporated    societies    may    hold    real 

estate,  Act  441,  p.  248. 
fraternal  fire  insurance,  Act  442,  p.   249. 
family  protection,  Act  443,  p.   250. 
change  to  regular  life  plan.  Act  444,  p.  252. 
consolidation,     merger,     reinsurance,    Act 
445,  p.  254. 
Chapter   27 — Benieia,  p.    255. 

cession  of  waterfront.  Act  450,  p.   255. 
Chapter   28 — Berkeley,  p.    255. 

freeholders'   charter,   Act  456,   p.    255. 
creating  justice  court.  Act  457,  p.   256. 
grant   of   salt   marsh   and   tide    lands,    Act 
458,  p.  256. 
Chapter  29 — Bird  and  Arbor  Day,  p.  258. 
conservation,  bird  and  arbor  day  act,  Act 
471,  p.   258. 
Chapter   29a — Blind,  p.    258. 

county  relief  fund,  Act  472,  p.  258. 
Chapter  29b — Blue  Book,  p.   260. 

compilation,    publishing    and    distribution. 
Act  473,  p.  260. 
Chapter  30 — B'nai  B'rith,  p.   261. 

permission  to  incorporate.  Act  477,  p.  261. 
Chapter  31 — Bonds,  p.   262. 
I.   bonds,  surety,  p.   262. 
cost  of  trust  bonds,  Act  485,  p.   262. 
cost  of  official  bonds.  Act  487,  p.  263. 
deposit    of    funds    held    by    bonded    fidu- 
ciaries,  Act   488,   p.    263. 

(V 


Chapter    31 — Bonds — (Continued). 
II.   bonds,  money  securities,  p.   263. 
state  bonds.  Act  493,  p.  264. 
state  funded  debt.  Act  494,  p.  264. 
loan     commissioners     state     funded     debt. 

Act   495,   p.    265. 
county   bonds,    Act   501,   p.    265. 
registration  of  bonds.  Act  514,  p.   266. 
state  fiscal  agency.  Act  515,  p.  267. 
state     building     bonds,     Sacramento,     Act 

516,  p.  269. 
farm    loan    bonds,    legal    as    investments. 

Act  518,  p.  272. 
commissions   on   sale   of   state   bonds,    Act 
519,  p.  273. 
Chapter  32 — Boundaries  of  State,  p.   274. 
eastern  boundary  defined  and  established, 
Act  531,   p.   274. 
Chapter    33 — Bridges,    p.    275. 
drawbridges.  Act  551,  p.  275, 
bridges  across  navigable  streams,  Act  552, 

p.   275. 
bridge     franchises     across     navigable 

streams.  Act  553,  p.  276. 
bridges  between  counties,  Act  554,  p.  277. 
bridge  at  Needles,  Act  555,  p.  278. 
joint  bridges.   Act  556,   p.   278. 
Chapter  34 — Building  and  Loan  Associations, 
p.   279. 
"building  and   loan   commission"  act.   Act 
568,  p.  279. 
Chapter  35 — Buildings,  p.  290. 

building  zone  act.  Act  570,  p.   290. 
building  lines.  Act  571,  p.  292. 
Chapter  35a — Buoys  and  Beacons,  p.   292. 
protection  of  buoys  and  beacons.  Act  678.^ 
p.   292. 
Chapter  36 — Burlingame,  p.   293. 

tide  lar.d  grant,  act  578,  p.  293. 
Chapter  37 — Burnt  or  Destroyed  Records  or 
Documents,  p.  295. 
"burnt  record   act,"  Act   580,   p.   295. 
new  trial  act.  Act  581,  p.   297. 
reproduction  of  registers  of  state  boards. 

Act  583,  p.   299. 
restoration    of    assessment    roll.    Act    584, 

p.  299. 
duplicate    municipal    securities.    Act    585, 

p.  300. 
duplicate    public    certificates.    Act    586,    p. 

301. 
copying  public  documents.  Act  587,  p.  301. 
Chapter  38 — Butte  County,  p.   302. 
"no  fence  law,"  Act  593,  p.  302. 
lawful  fence.  Act  596,  p.  302. 
hunting     in     private     grounds.     Act     597, 

p.   302. 
transcribing  records.  Act  602,  p.  303. 
certified  copies  of  records,  Act  603,  p.  303. 
charter  of  Butte  county.  Act  613,  p.  303. 
Chapter  39 — Butter,  p.  303. 

marking  packages.  Act  617,  p.  303. 
renovated   butter,    Act   618,   p.   303. 
short  weight  butter.  Act  620,   p.   305. 
imitation    butter   and   cheese.    Act   621,   i>. 

305. 
imported   butter.   Act  624,  p.   309. 
CJhapter  40 — Calaveras  County,  p.   310. 
"no  fence  law."  Act   630.  p.   310. 
redemption    of    bonded    indebtedness.    Act 
631,   p.   310. 
Hi  ) 


table:  of  contexts. 


Chapter    41 — California    Indnstrial    Farm,    p. 

310. 
"California     industrial     farm,"     Act     640, 
p.  310. 

Chapter  42 — California  and  Oregon  Railroad 
Company,  p.  315. 
giving-  effect  to  act   of  congress,  Act   648, 
p.   315. 
Chapter      43  —  California      Pacific     Railroad 
Company,  p.   315. 
grant    of    rights    and    privileges,    Act    653, 
p.  315. 
Chapter  44 — California  Pioneers,  p.   315. 
memorial  monument  at  Donner  Lake,  Act 
658,  p.  315. 

Chapter    45 — California    Redwood    Park,    p. 

316. 
management,  commission.  Act  670,  p.  316. 
enlargement  of  park,  Act  672,  p.  317. 
Chapter     46 — California     School     for     Girls, 
p.   317. 
state    training    school    for    girls.    Act    676, 
p.   318. 
Chapter    47 — California    State    Reformatory, 
p.  321. 
"California    state    reformatory"    act,    Act 

681,   p.   321. 
arrest  of  escaping  inmates.  Act  682,  p.  325. 
control    and    management    of    Napa    land, 
Act   683,   p.   326. 
Chapter    48 — California    Statutes,    Index    to, 
p.  326. 
compilation,   publication   and   distribution, 
Act   692,  p.   326. 
Chapter   49 — California  Volunteer.s,  p.   327. 

revision  of  records  of.  Act  696,  p.  327. 
Chapter  50 — Canals,  p.  327. 

Sacramento      irrigation      and      navigation 
canal  company,  Act  702,   p.   327. 
Chapter  51 — Capitol,  p.   328. 

salary    and    duties    of    janitor.    Act    709, 

p.    328. 
drinking   fountains.    Act   710,    p.    328. 
state  capitol  bonds.  Act  712,  p.   328. 
permanent   employees,   Act   713,   p.    328. 
repair  of  capitol  building,  Act  714,  p.   328. 
decoration  of  rotunda,  Act  715,  p.  329. 
state    capitol    planning    commission.    Act 
716,  p.  329. 
Chapter  52 — Carquinez  Straits,  p.   330. 

disposition    of   certain    property,    Act    717, 
p.    330. 
Chapter    53 — Cemeteries,  p.    330. 

protection   of  bodies   of  deceased  persons, 

Act  720,   p.   330. 
disinterment.  Act  721,  p.  330. 
removal    from    cemeteries    in    cities,    Act 

722,  p.   332. 
public  cemetery  districts.   Act  724,   p.   332. 
execution   of  deeds   by   cemetery   corpora- 
tions,   Act    725,    p.    333. 
rural    cemetery    associations.    Act    726,    p. 

334. 
rural    cemetery    associations.    Act    727,    p. 
338. 
Chapter    54 — Central    Pacific   Railroad    Com- 
pany, p.  339. 
relocation  of  route.  Act  790,  p.  339. 
state  and  bond  act.  Act  791,  p.  339. 
franchise  grant,  Act  792,  p.  339. 
incorporation   validation.    Act    793,    p.    339. 

(  ix 


Chapter    55 — Charities    and    Corrections,    p. 

340. 
creation  of  state  board,  Act  803,  p.  340. 
homes    for    dependent    children.    Act    804, 

p.    342. 
records    of    county    hospitals    and     alma- 
houses.   Act   805,   p.   343. 
maternity  hospitals,  Act  805a,  p.  344. 
registration     and     publicity     of    charities. 
Act    806,    p.    344. 
Chapter   56 — Cheese,  p.   345. 

grades  of  cheese.  Act  815,  p.  345. 
Chapter    57 — Chinese,    p.    347. 
immigration,   Act   825,   p.    347. 
competition    of    Chinese    labor.    Act    826, 

p.  347. 
exclusion,   registration,   Act   827,   p.    347. 
Chinese  criminals,  coolie  slavery,  Act  828, 

p.  347. 
kidnaping    and    importation    of    females. 

Act  829,  p.  347. 
suppression  of  Chinese  houses  of  ill-fame. 

Act  830,   p.  348. 
removal  outside  cities  and  towns.  Act  831, 
p.   348. 
Chapter  58 — City  Attorney,  p.  348. 

assistants  in  cities  and  cities  and  counties 
of  100,000  and  over.  Act  836,  p.  348. 
Chapter     59 — Civil     Service     Commission,    p. 
349. 
general  system  of  civil  service  and  crea- 
tion of  commission,  Act  846,  p.  349. 
Chapter   60 — Coast  Survey,  p.   361. 

enter    lands    and    protect    operations.    Act 
860,  p.   362. 
Chapter    61 — Code   Commission,    p.    362. 

creation  of  commission.  Act  865,   p.  362. 
Chapter   62 — Cold  Storage,  p.   362. 
cold  storage   act.    Act   870,   p.    362. 
butter  and  eggs,  Act  871,  p.   365. 
fraudulent   sale   of   butter   and   eggs.   Act 
872,   p.   366. 
Chapter  63 — Colleges,  p.  366. 

incorporation  of.  Act  878,  p.  366. 
endowment    of    agricultural    colleges.    Act 
880.  p.  367. 
Chapter  64 — Colton  Hall,  p.  367. 

Colton   Hall   trustees.   Act   890,   p.    367. 
Chapter  65 — Colusa  County,  p.  367. 
"no  fence  law,"  Act  895,  p.   367. 
irrigation  and  navigation  canal.   Act   896, 

.      p.  368. 
Colusa    and    Yolo    drainage    district.    Act 

899,   p.    368. 
partition  fences.  Act  900,  p.  368. 
quiet  title.  Act  910,  p.  368. 
Chapter   66 — Colusa,  Town  of,  p.   368. 

issue   of  road   bonds  authorized,   Act   916, 
p.  368. 
Chapter  67 — Conservation,  p.  369. 

state    conservation    commission.    Act    940, 

p.   369. 
"conservancy  act  of   California,"   Act   941, 
p.   371. 
Chapter  68 — Conspiracy,  p.   410. 

union  labor  injunctions.  Act  946,  p.  410. 
crime  against  president  and  other  officials, 
Act  947,   p.   410. 
Chapter  69 — Constitution,  p.  411. 

dissemination     of    knowledge    concerning 
proposed    constitutional    amendments. 
Act   960,  p.    411, 
) 


TABLE   OF   CONTENTS. 


Chapter  70 — Contra  Costa  County,  p.  412. 
lawful  fence  law,  Act  967,   p.   412. 
quiet   title   to   marsh   and   tide    lands,    Act 

977,  p.  412. 
additional    judge    of    superior    court,    Act 

981,  p.   412. 
Chapter  71 — Convicts,  p.   412. 

photographs   and   marks   of    identification, 

Act    995,    p.   412. 
expenses    and    costs    of    trial    of    convicts. 

Act  996,  p.   413. 
indemnity    for    erroneous    conviction.    Act 

997,   p.   413. 
Chapter  72 — Coroner,  p.  415. 

assistant  coroners  in   cities   of  100,000,   or 

more  inhabitants,  Act  1008,  p.  415, 
autopsy     physician     in     counties     of    first 

class,  Act  1009,  p.  416. 
official    reporter    in    cities    of    100,000,    or 

more    inhabitants.    Act   1010,    p.    416. 
Chapter   73 — Corporations,   p.    417. 

corporation    license    tax    act.    Act    1021,    p. 

418. 
repayment     of     corporation     license     tax 

erroneously    collected,    Act    1021a,    p. 

423. 
corporations    to    lend    money    on    chattels. 

Act  1022,  p.  424. 
issue    of    shares    without    nominal    or    par 

value.  Act  1033a,  p.  424. 
issue  of  shares  of  stock  without  nominal 

or  par  value  by  public  utility  corpo- 
rations. Act  1033b,  p.  425. 
corporations  as  executor  and  trustee.  Act 

1034,  p.  427. 
for    the   protection    of    stockholders,    etc.. 

Act  1035,  p.  432. 
payment    of    employees    of    corporations. 

Act  1036,   p.   433. 
payment  of   wages   of   employees   of  cor- 
porations, Act  1037,  p.  433. 
foreign  corporations  act.  Act  1041,  p.  434. 
"industrial  loan  companies,"   Act  1042,   p. 

442. 
Chapter  74 — Costs,  p.  445. 
service  of  summons  and  subpoenas  in  civil 

actions,   Act   1051,   p.   445. 
Chapter  75 — Counties,  p.  446. 

claims  of  counties  against  the  state.  Act 

1071,  p.   446. 
formation,  organization  and  classification 

of  new  counties.  Act  1075,  p.  446. 
misappropriated   school   money.   Act   1019, 

p.  458. 
reports  of  financial  transactions.  Act  1077, 

p.  459. 
Chapter   76 — County  Boundaries,  p.   460. 
Butte  and  Plumas,  Act  1085,  p.  460. 
Butte  and  Yuba,  Act  1086,  p.   462. 
Plumas  and  Lassen,  Act  1087,  p.   463. 
Glenn  and  Colusa,  Act  1088.  p.  466. 
commission  to  define  boundaries  between 

Humboldt,     Mendocino,     Trinity     and 

Klamath  counties,  Act  1091,  p.  467. 
Shasta  and  Plumas,  Act  1092,  p.   469. 
Mariposa  and  Fresno,  Act  1093,  p.  469. 
Siskiyou   and  Lassen,  Act  1094,  p.   470. 
northern    boundary    of    Napf %    Act    109B, 

p.  470. 
San   Luis   Obispo   and   Kern,    Act   1096,   p. 

471. 
Fresno  and  Tulare,  Act  1097,  p.  472. 


Chapter   76 — County   Boundaries — ''Cont'd). 
Lake  and  Yolo,  Act  1098,  p.  472. 
Shasta  and  Lassen,  Act  1099,   p.   473. 
Humboldt    and    Del    Norte    and    Siskiyou, 

Act  1100,  p.  473. 
election     to     change     boundary     between 

Fresno  and  Kings,  Act  1101,  p.  474. 
Fresno  and  Kings,  Act  1102,  p.  477. 
Lake    and    Glenij,    Mendocino,    and   Colusa 

counties,  Act  1103,  p.   479. 
Mendocino  and  Glenn,  Act  1104,  p.   480. 
Butte  and  Glenn,  Act  1105,  p.  481. 
betw^een  Mendocino  and  Sonoma,  Act  1106, 

p.   481. 
Kern    and    San    Bernardino,    Act    1107,    p. 

482. 
Lake  and  Mendocino,   Act   1108,   p.   483. 
Riverside    and   San   Bernardino,    Act    1109, 

p.  486. 
Chapter  77 — County  Clerk,  p.  487. 

deputies,  etc.,  in  counties  of  over  120,000, 

Act  1111,  p.  487. 
additional  help  in   office.   Act  1113.   p.   487. 
Chapter  78 — County  Engineer,  p.   488. 

"the    county    engineer    act,"    Act    1115,    p. 

488. 
Chapter   79 — Courts,   p.   492. 

transfer  of  records.  Act  1128,  p.   492. 
appointment  of  secretary,  Act  1129,  p.  492. 
superior    court    jurisdiction.    Act    1130,    p. 

492. 
Chapter  80 — Crescent  City,  p.  493. 

location  of  townsite.  Act  1146,  p.  493. 
tide   land  grant.   Act   1147,  p.    493. 
Chapter    81 — Criminal   Identification,   p.    493. 
bureau  of  criminal  identification,  Act  1155, 

p.   493. 
Chapter   82 — Cruelty  to  Animals,  p.   496. 
use    of    bristle    bur,    etc.,    prohibited.    Act 

1162,  p.  496. 
Chapter   83 — Dairies,  p.   497. 

dairy    sanitation     and    inspection    act    of 

1905,   Act  1166,  p.  497. 
dairy    sanitation    and    Inspection    act    of 

1911,  Act  1167,  p.  501. 
standard    for    condensed    and    evaporated 

milk.  Act  1168,  p.  521. 
use  of  chemicals  to  prevent  fermentation. 

Act  1168a,   p.   521. 
certified  milk.   Act  1169,  p.  523. 
dairy    inspection    act    of    1917,    Act    1171, 

p.   524. 
Imitation  milk.  Act  1172,  p.   529. 
Chapter  84 — Deadly  ^Veapon8,  p.  531. 

registration    of    purchasers.    Act    1181,    p. 

532. 
concealed  weapons,  Act  1182,  p.  532. 
Chapter  85 — Deaf,  Dumb,  and  Blind  .\i!ylum, 

p.   536. 
bequests    and     donations     of    money    and 

property.  Act  1185,  p.  536. 
w^ater  supply.  Act  1186,  p.  536. 
removal  of  fence  to  permit  the  use  of  the 

public  highway.  Act  1187,  p.   536. 
manual   and    industrial  arts  building.   Act 

1188.    p.    536. 
separatioiv  of  deaf  and  blind  departments. 

Act  1189,  p.  536. 
readers   for  blind  students,   attendance   of 

students  at  national  college  for  deaf, 

Act  1190,   p.   537. 
removal  of  fence,   etc..  Act  1191,  p.   537. 
) 


TABLE   OF   CONTENTS. 


Chapter  86 — Deeds,  p.  538. 

conveyances     by    persons     with     changed 
names,   Act   120G,   p.    538. 
Chapter  87 — Del  Norte  County,  p.   539. 

fence  and  pound  districts.  Act  1211,  p.  539. 
Chapter  88 — Dentistry,  p.  539. 

dental   practice   act   of    1915,   Act   1226,   p. 

539. 
state  dental   surgeon,   Act   1227,  p.   549. 
Chapter   89 — Detectives,  p.    550. 

private  detectives  and  detective  agencies. 
Act  1235,  p.  550. 
Chapter    90 — District    Court    ot    Appeals,    p. 
652. 
accommodations  for  court  and  library  of 
second    appellate    district,     Act     1252, 
p.   552. 
Chapter  91 — Dorris  Bridge,  p.  553. 

change    of    name    to    Alturas,    Act    1275, 
p.  553. 
Chapter  92 — Drainage  Districts,  p.  553. 
drainage     commissioners,      districts     and 

fund.  Act  1280,  p.  554. 
drainage  of  agricultural,  swamp  and  over- 
flowed lands.  Act  1281,  p.  554. 
drainage    district    act    of    1885,    Act    1282, 

p.   555. 
drainage  district  improvement  act  of  1919, 

Act  1283,  p.  560. 
drainage    district    act    of    1903,    Act    1284, 

p.   576. 
Bellevue-Wilfred     drainage     district.     Act 

1285,  p.  598. 

Butte  county  drainage  district  No.   1,  Act 

1286,  p.   599. 

Butte    county    drainage    district    No.    100, 
Act   1287,    p.    600. 

Knights  Landing   ridge   drainage   district, 
Act  1288,  p.  600. 

boundaries     of     Knights     Landing     ridge 
drainage  district.  Act   1289,   p.   600. 

Los  Angeles  county  district  improvement 
No.  1,  Act  1290,  p.  601. 

Los    Angeles    county    drainage    improve- 
ment No.  3,   Act  1291,  p.   601. 

Merced  county  drainage  improvement  dis- 
trict No.  1,  Act  1292,  p.  602. 

Merced  county  drainage  improvement  dis- 
trict No.    2,   Act   1293,   p.    602. 

Sacramento    river    drainage    district.    Act 
1294,   p.   604. 

Yolo  basin  drainage  district.  Act  1295,  p. 
604. 

Tolo    and    Colusa    drainage    district.    Act 
1296,    p.    604. 

drainage    district   No.    100    Butte    county- 
validation.   Act   1296a,  p.   604. 
Chapter  93 — Dwelling  Houses,  p.   604. 

State  dwelling  house  act.  Act  1302,  p.  604. 
Chapter  94 — Eggs,  p.  614. 

sale  of  imported  eggs.  Act  1303,  p.  615. 

sale   of  food   and   drink   containing   eggs. 
Act  1304,  p.  616. 

packing    imported    eggs.    Act    1305,    p.    616. 

sale  of  eggs  in  transit  more  than   thirty- 
one  days.   Act  1306,  p.   617. 
Chapter  95 — El  Dorado  County,  p.  618. 

refunding    of    bonded    indebtedness,    Act 
1307,  p.  618. 

lawful  fences.  Act  1308,  p.   618. 

trespassing  animals  in  Mud  Springs  town- 
ship.  Act    1309,    p.    618. 

( 


Chapter  96 — Elections,  p.   619. 

purity   of  elections  act  of   1907,   Act   1327, 

p.  619. 
commission      on       voting      or      balloting 

machines.  Act  1328,  p.  624. 
supplementary   to   previous   act,    Act   1329, 

p.   635. 
special   elections,   Act   1332,    p.    637. 
"direct    primary    law    of    1913,"    Act    1337, 

p.   637. 
"presidential    primary    act,"    Act    1338,    p. 

672, 
consolidation  of  elections.  Act  1339,  p.  678. 
legalizing   registrations,    Act   1340,   p.    679. 
"piece  clubs,"  Act  1341,   p.   680. 
special    state    election    called.    Act    1342, 
p.    681. 
Chapter   97 — Electricity,   p.    681. 

regulating  electric  poles,  etc..  Act  1350,  p. 

682. 
regulating    subways,    manholes,    etc.,    Act 

1351,  p.   686. 
joint  municipal  public  utilities.  Act  1352, 
p.   688. 
Chapter  98 — Elevators,  p.   692. 

elevator    construction,     maintenance    and 

operation,  Act  1356,   p.   692. 
elevator   inspection   act.   Act   1357,   p.   693. 
Chapter   99 — Embalmers,  p.   695. 

practice  of  embalming.  Act  1363,  p.  696. 
Chapter   100 — Emery^-ille.   p.    700. 

tideland  grant.  Act  1365,  p.  700. 
Chapter  101 — Emigration,  p.   701. 

promotion  of  emigration.  Act  1366,  p.  701. 

Chapter   102 — Employment  Agents,  p.  701. 
regulating    private    employment   agencies. 

Act   1373,   p.    702. 
free  employment  bureaus,  Act  1374,  p.  708. 
Chapter  103 — Escheat,  p.  708. 

payment  of  judgments  under  section  1272, 
C.    C.    P.,    Act    1385,    p.    708. 
Chapter    104 — Estates    of    Deceased    Persons, 
p.   709. 
investment    of    moneys    in    estates    of    de- 
ceased persons  fund,  Act  1393,  p.  709. 
Chapter  105 — Estrays.  p.  710. 

estray  law  of  1901,  Act  1401,  p.  710. 
local  option  estray   law  of  1919,  Act  1402, 
p.  714. 
Chapter  106 — Eureka,  p.   716. 

freeholders'  charter.  Act  1425,  p.  716. 
legalizing    the    Murray    survey.    Act    1426, 

p.  716. 
cession  of  water  front  to  Eureka,  Act  1427, 

p.    717. 
creating   a   police   court,    Act   1429,   p.    717. 
tide  and  submerged  land  grant.  Act  1430, 
p.  717. 
Chapter   107 — Explosives,   p.   720. 

protection    of    life    and    property    against 

use  of  explosives.  Act  1434,  p.  720. 
transportation,    storage    and    sale    of    ex- 
plosives. Act  1435,  p.  722. 
Chapter    108 — Expositions,   p.    728. 

Panama-California  International  Exposi- 
tion, use  of  Balboa  Park,  Act  1440, 
p.  729. 
Panama-California  International  Exposi- 
tion, state  exhibit  and  building.  Act 
1441,  p.  730. 
xl) 


TABL,!?:   OF   CONTENTS. 


Chapter  108 — Expositions — (Continued). 

Panama-California  International  Exposi- 
tion, appropriation  to  complete  ex- 
position   building.    Act    1442,    p.    731. 

Panama-California  International  Expo- 
sition, maintenance  of  state  building, 
Act    1443,    p.    731. 

Panama-Pacific  International  Exposition 
commission,  powers  and  duties,  Act 
1444,  p.   732. 

Panama-Pacific  International  Exposition, 
disposition  of  state's  share  of  re- 
turns.  Act  1445,  p.  737. 

exposition  building  at  Los  Angeles,  Act 
1446,   p.   737. 

exposition  at  L.OS  Angeles,  furnishing 
and  equipping  building,  Act  1447,  p. 
737. 

exposition  at  Los  Angeles,  revolving  fund 
for  special  expositions,  Act  1448,  p. 
737. 

Italian  International  Exposition,  Califor- 
nia  exhibit.   Act   1449,    p.    738. 

Ghent  Universal  and  International   Expo- 
sition,   California    exhibit.    Act    1449a, 
p.  738. 
Chapter     109 — Feeble-Minded     Children,     p. 
739. 

California  Home  for  Feeble-Minded  Chil- 
dren, government  and  management, 
Act   1462,   p.   739. 

permanent   home.   Act   1463,   p.    739. 

sale   of  Santa  Clara  county  property.   Act 

1464,  p.  740. 

grant   of   right   of   way    for    highway.   Act 

1465,  p.    740. 

supplementary  act,  admission  to  home,  of 
idiots  and  epileptics.  Act  1466,  p.   740. 

transfer  and  quitclaim  Santa  Clara  prop- 
erty.  Act   1467,   p.   740. 

improvement  and  repairs  of  home,  Act 
1468,    p.   740. 

completion  of  main  buildings.  Act  1469, 
p.   740. 

authorizing  conveyance  of  certain  prop- 
erty,   Act    1470,    p.    740. 

authorizing  construction  of  two  pavilions 
for  epileptics,   Act   1471,   p.   741. 
■    authorizing    construction    of    dairy    build- 
ings,  Act  1472,   p.   741. 
Chapter    110 — Fees,   p.    741. 

fees  and  salaries  of  certain  officers.  Act 
1475,   p.    741. 

fees,  etc.,  in  cities  and  counties  of  over 
100,000  inhabitants.  Act  1477,  p.  743. 

fees  of  county,  township  and  other  of- 
ficers.   Act   1479,   p.   743. 

payment  of  trial  jurors'  fees.  Act  1480,  p. 
744. 

payment    of    municipal    ofRcers,    Act    1481, 
p.  745. 
Chapter  111 — Fences,  p.  745. 

concerning  lawful  fences  and  trespassing' 
animals,  Act  1492,  p.  745. 

concerning  lawful  fences.  Act  1493,  p.  745. 

lawful  fences  in  certain  counties,  Act 
1494,   p.  746. 

lawful  division  fences,   Act   1495,   p.   746. 

height  of  division  and  partition  fences. 
Act   1496,    p.    747. 

spite   fences,    Act   1497,   p.    747. 

( 


Chapter  111 — Fences — (Continued). 

entering,  passing  through,  and  hunting  in 

inclosures,    Act   1499,   p.    748. 
Chapter   112 — Ferries,   p.   749, 

across  navigable  rivers  between  counties. 

Act   1505,    p.    749. 
across    streams    wholly    within    counties. 

Act   1506,  -p.    750. 
Chapter  113 — Ferry  Depot,  p.  750. 

San   Francisco   ferry   depot,   act.   Act   1511, 

p.   750. 
Chapter   114 — Fertilizers,   p.    751. 

sale    of   commercial   fertilizers.    Act    1516, 

p.  751. 
Chapter  115 — Fiddletown,  p.  754. 

hogs    and    goats    running    at    large.    Act 

1521,   p.    754. 
name  changed  to  Oleta,   Act  1522,   p.   754. 
Chapter  116 — Fire,  p.  754. 

destruction    by    fire    of    contiguous    prop- 
erty.  Act  1528,   p.  754. 
Chapter    117 — Fire    Department,    p.    754. 
firemen's     relief,     health,     insurance     and 

pension    fund.    Act   1533,    p.   755. 
fire  departments  in  unincorporated  towns. 

Act   1534,    p.    758. 
exempt  firemen's  relief  fund.  Act  1536,  p. 

763. 
foreign   insurance  companies,   payment  of 

premiums    for    firemen's    relief    funds. 

Act   1537,   p.   763. 
pensions    for    aged,    infirm    and    disabled 

firemen.  Act  1538,  p.  763. 
yearly  vacation  for  firemen.  Act  1539,   p. 

764. 
salaries  of  officers  in   cities  of   first  class. 

Act  1541,  p.  765. 
increase  of  efficiency  of  fire  departments. 

Act   1542,  p.   765. 
Chapter  118 — Flag,  p.  766. 

adoption    of    bear    flag    as    state    flag.    Act 

1563,  p.  766. 
Chapter    119 — Folsom,   p.    767. 

goats   running  at   large.    Act   1568,   p.   767. 
Chapter  120 — Foods,  p.   767. 

destruction     of    food    and    food    products. 

Act    1573,    p.    767. 
Inspection     of     animals     slaughtered     for 

food,   Act   1574,  p.   768. 
Chapter  121 — Foreclosure,  p.  770. 

attorney's  fees  abolished.  Act  1577,  p.  770. 
Chapter  122 — Forestry,  p.   771. 
forestry   act.    Act   1578,   p.   771. 
prevention  and  suppression  of  forest  fires. 

Act  1578a,  p.  777. 
salaries   of   forestry   officers.   Act   1579,   p. 

779. 
state  forestry  fund.  Act  1580,  p.  779. 
state   forestry   nursery.    Act   1581.   p.    780. 
United    States    forest    reserve    fund.    Act 

1583,   p.   780. 
reforestation    of    San     Bernardino     forest 

reserve.   Act,   1585,   p.   781. 
reforestation  of  the  Angels  national  for- 
est.  Act  1586,   p.   781. 
prevention     of     destruction     of     game     in 

Cleveland    national    forest.    Act    1588, 

p.    782. 
disincorporation  of  fire  districts,  Act  1389, 

p.  782. 
Tamalpais    forest    fire    district.    Act    1590, 

p.   783. 
xii  ) 


TABLE   OF   CONTENTS. 


Chapter    122 — Forestry — (Continued). 

prevention  of  forest  fires  on  public  lands, 
Act  1591,  p.  788. 

fighting-  forest  fires  in  San  Antonio  can- 
yon. Act  1592,  p.  789. 

fighting  forest  fires  in  San  Dimas  canyon, 
Act    1593,   p.    789. 

prevention  of  forest  fires  in  San  Antonio 
canyon.   Act   1594,    p.   790. 
Chapter   123 — Franchises,   p.    791. 

cancellation  of  bonds  to  secure  perforrai- 
ance  of  conditions  of.  Act  1600,  p. 
791. 

"Broughton  act,"  Act  1601,  p.  792. 

railroads  to  parks  beyond  city  limits.  Act 
1607,   p.   798. 

resettlement  act,  Act  1608,   p.   798. 
Chapter    124 — Fresno    City,    p.    802. 

freeholders'    charter,    Act    1629,    p.    802. 
Chapter   125 — Fresno   County,   p.    802. 

courtliouse  and  hospital  improvement 
bonds.   Act   1638,   p.   802. 

increase  of  superior  judges.  Act  1642,  p. 
802. 

bonds  for  the  construction  of  roads  and 
bridges.   Act   1644,   p.    803. 

board    of    county    water    commissioners. 
Act  1649,  p.  803. 
Chapter   126 — Fruit,   p.    803. 

standard  fruit  act  of  1915,  Act  1652,  p.  803. 

"the  standard  apple  act  of  1917,"  Act 
1654,    p.    806. 

standard  fresh  fruit  packing  act  of  1917, 
Act  1654a,  p.  812. 

sulphur  standard  for  sulphuring  fruits 
and  foods,   Act  1654b,   p.   817. 

standard   fruit  and  vegetable  act  of  1919, 
Act  1654c,   p.   818. 
Chapter  127 — Funds,  p.   823. 

conversion  of  balances  of  unexpended 
appropriation,   Act  1656,  p.  823. 

reversion  of  balances  of  unexpended  ap- 
propriations.   Act    1657,    p,    824. 

San  Francisco  state  normal,  transfer  of 
money  from  the  salary  to  the  print- 
ing  fund.    Act    1658,    p.    824. 

transfer  of  money,  certain  funds  to  gen- 
eral fund,  abolishing  certain  funds. 
Act  1659,  p.  824. 

loan  to  general  fund  from  school  land 
fund,   Act  1660,   p.    824. 

transfer  frora  state  drainage  construction 
fund  to  general  fund.  Act  1661,  p.  824. 

transfer  of  money  from  construction  fund 
drainage  district  number  one  to  gen- 
eral fund,  Act  1662,  p.  824. 

transfer  of  money  from  general  fund  to 
other  funds,  Act  1663.   p.   825. 

redemption  of  coupons  of  civil  bonds  of 
1857,  Act  1664,   p.   825. 

redemption  of  coupons,  railroad  bonds  of 
1864,   Act   1665,   p.   825. 

requiring  payment  of  state  moneys  into 
the  treasury.  Act  1666,  p.   825. 

payments  from  the  swamp  land  fund  to 
the  several  counties.  Act  1667,   p.  826. 

return  of  payments  under  section  570, 
C.  C.  P.,  Act  1667a,  p.   826. 

investment  of  county  and  municipal  sink- 
ing funds,  Act  1669,  p.   827. 

investment  of  surplus  funds  of  counties 
and  municipiililies,   A^-t  1670,   p.   827. 

(  xlii 


Chapter   127 — Funds — (Continued). 

investment    of    surplus    money    of    state. 

Act   1671,   p.   828. 
deposit  of  state  money  in  banks,  Act  1673, 

p.  829. 
deposit    of   county    and    municipal   money 

in   banks.  Act  1674,  p.   831. 
Chapter  128 — Game  Laws,  p.   834. 

hunting    license    act    of    1909,    Act    1688, 

p.   835. 
vocational  fishing  license  act  of  1909,  Act 

1690,  p.  837. 
dealers'   license   act  of   1911,    Act   1691,   p. 

838. 
canners'    license    act    of    1917,    Act    1691a, 

p.   840. 
fishing    license    act    of    1913,    Act    1692,    p. 

843. 
Issuance  for  resale  act  of  1915,  Act  1692a, 

p.    845. 
fish  propagators'  license  act  of  1911,   Act 

1693,  p.   846. 

parasitic  fish  act.  Act  1693a,  p.  848. 
commercial    fishery    statistics.    Act    1693b, 

p.  850. 
fish  supply  conservation.  Act  1693c,  p.  852. 
"fish    and    game    preservation    fund,"    Act 

1694,  p.  854. 

disposition    of    fines    and    forfeitures.    Act 

1694a,   p.    855. 
fish    and    game    district    act    of    1917,    Act 

1696,   p.    855. 
"Mount     Tamalpais     game     refuge,"     Act 

1696a,    p.    869. 
railway  car  for  fish  distribution.  Act  1697, 

p.   871. 
purchase  of  fish  hatcheries  at  Sisson,  Act 

1698,  p.  871. 
purchase     of     additional     land     for     fish 

hatchery   at    Sisson,    Act   1699,    p.    871. 
removal      of     obstructions     In      American 

river.  Act  1700,  p.  871. 
salmon  hatchery.   Act  1701   p.   871. 
removal  of  obstructions  in  Pitt  river.  Act 

1702,  p.  871. 

disposal  of  hatchery  at  Battle  Creek,  Act 

1703,  p.  871. 

fish    repository    on    Stanislaus    river.    Act 

1704,  p.   872. 

authorizing  construction  of  steam  launch, 
Act  1705,  p.  872. 

purchase  of  gasoline  launch.  Act  1706, 
p.    872. 

disposal  of  steam  launch  Governor  Stone- 
man,   Act  1707,  p.   872. 

importation  of  game  birds  for  propaga- 
tion. Act  1708,  p.   872. 

protection  of  game  in  Nevada  county.  Act 

1709,  p.   872. 

restricting    hunting   in    Yolo    county,    Act 

1710,  p.  872. 

preservation    of   mocking   birds.   Act   1712, 

p.    872. 
prevention     of     destruction     of     fish     and 

game    in    Lake    Merritt,    Act    1715,    p. 

873. 
protection     of    fish    and     game    In    Napa 

county.  Act  1716,  p.  873. 
destruction  of  fish  prohibited  In  Alameda 

county,    Act    1720,    p.    873. 
prevention      of      destruction      of     fish      in 

Bolinas   bay.   Act  1721,  p.   873. 
) 


TABLE   OF   CONTENTS. 


Chapter  128 — Game  Laws — (Continued), 
protection  of  fish  in  Butte  creek,  Act  1722, 

p.  874. 
regulating   salmon   fisheries  on   Eel   river. 

Act    1723,    p.    874. 
preservation    of   fish    in   Lake    Bigler,    Act 

1724.    p.    874. 
prevention  of  destruction  of  fish  in  King's 

river,  Act  1725,  p.   875. 
use    of    seines,    etc.,    in    Napa    river    pro- 
hibited,  Act  1727,   p.   875. 
use   of  seines,   etc.,   in   San   Antonio   creek 

prohibited.   Act   1728,   p.    876. 
preservation    of    fish    in    Siskiyou    county, 

Act  1731,   p.   876. 
protection  of  fish  in  False  bay,  Act  1733, 

p.   876. 
protection    of   fish    in    Mendocino    county, 

Act  1735,  p.  876. 
prevention    of    destruction    of    wild    game 

in  Pinnacles  forest  reserve.  Act  1736, 

p.   877. 
use  of  weirs,   etc.,   In  Monterey   bay.   Act 

1737,    p.    877. 
use    of    nets,    etc.,    in    Cache    slough    pro- 
hibited. Act  1738,   p.   878. 
restriction    of   fishing    in   district    19,    Act 

1738a,  p.   878. 
expenses   and  costs  of  trial  for  violation 

of   fish   and   game   laws.    Act   1739,   p. 

879. 
county  fish  hatcheries.  Act  1740,   p.   879. 
crab    preserve    in    Eel    river,    Act    1741,    p. 

879. 
shellfish    preserve    in    Monterey    bay.    Act 

1742,  p.   880. 

transfer   of   land    for   game    preserve,    Act 

1743,  p.   880. 

protection     of    fur-bearing    animals.     Act 

1744,  p.   881. 

contaminated     sources     of     shellfish.     Act 

1745,  p.  884. 

free    camping    grounds    in    Placer    county, 
Act   1746,   p.    884. 
Chapter  129 — Gas,  p.  885. 

grant   of   franchises    by   municipal    corpo- 
rations.  Act   1759,    p.    885. 

regulating   use    of   illuminating    gas.    Act 

1760,  p.  886. 

standard    of    illuminating    power   act.    Act 

1761,  p.    886. 

prohibiting   wasting   of   natural    gas,    Act 

1762,  p.    888. 

Chapter  130 — Gettysburg,  p.  889. 

celebration    of    fiftieth    anniversary.    Act 
1774.  p.   889. 
Chapter  131— Gifts,  p.  890. 

gifts  to  counties  for  pioneer  monuments. 
Act    1781,    p.    890. 
Chapter  132— Gllroy,  p.  891. 

act  of  incorporation,  Act  1783,  p.   892. 
Chapter   133 — Glenn  County,  p.    892. 

organization   act.   Act   1786,   p.    892. 
Chapter   134 — Goats,  p.   892. 

protection   of   goats   from    dogs,    Act   1788, 
p.   893. 
Chapter  135 — Golden  City  Homestead   Asso- 
ciation, Act  1794,   p.   893. 
conveyance    of    lands    to    the    association. 
Act  1794,  p.   893. 

( 


Chapter  136 — Good  Templars,  p.  893. 

grant    of   corporate    powers.    Act    1799,    p. 

893. 
Chapter    137 — Governor,   p.    893. 

residence  of  governor,   Act  1805,   p.   893. 
employment   of   counsel.   Act   1808,   p.    894. 
Chapter    138 — Grand  Army   of  the   Republic, 
p.    894. 
wearing  badge  of  G.  A.  R.  without  right. 

Act  1815,  p.  894. 
permanent    headquarters    in    capitol.    Act 

1816,  p.  894. 
national    encampment    of    1912,    Act    1817, 

p.   895. 
G.   A.   R.    memorial   monument,    Act   1818, 

p.  895. 
Chapter   139 — Growing   Timber,   p.    896. 

protection    of    big    tree    groves.    Act    1830, 

p.    896. 
Chapter  140 — Gnlde  Posts,  p.   896. 

guide   posts   in   desert  sections,   Act  1840, 

p.   896. 
Chapter  141 — Harbor  Commissioners,  p.   897. 
repairs    upon    private    wharves,    Act    1852, 

p.   897. 
Jurisdiction    of   commission,    act    of    1878, 

Act   1855,    p.   898. 
warehouses,    elevators,    etc..    Act   1856,    p. 

899. 
state    railroad    act    of    1913,    Act    1857,    p. 

900. 
state  drydock  act  of  1913,  Act  1858,  p.  901. 
alignment  of  East  street.  Act  1860,  p.  902. 
condemnation     of    certain     property.     Act 

1861,    p.    902. 
India    basin    act.    Act    1862,    p.    903. 
compromise  of  litigation.  Act  1863,  p.  903. 
free    public    market    on    waterfront,    Act 

1864,   p.   904. 
Insurance    of    state    property.    Act    1865. 

p.   905. 
reconstruction     and     repair     of    damaged 

property.  Act  1866,  p.  906. 
reconstruction     and     repair     of    wharves, 

etc..   Act   1866a,  p.   906. 
lease    of    certain    waterfront    blocks,    Act 

1867,   p.   906. 
San     Francisco    harbor    improvement    act 

of  1909,  Act  1869,  p.   906. 
India  basin  act,  Act  1870,  p.  907. 
San    Francisco    harbor    Improvement    act 

of  1913,   Act  1871,  p.   907. 
San   Francisco  seawall  act.   Act   1871a,   p. 

911. 
establishing    disputed    titles    on    bay    of 

San  Diego,  Act  1872,  p.   912. 
San   Diego   seawall  act  of   1909,   Act   1873, 

p.   912. 
board    of    harbor    commissioners    of    port 

of  San  Jose,  Act   1874,   p.   912. 
false   returns   to   boards.   Act   1875,   p.   915. 
county    harbor   commission   act.   Act   1877, 

p.  916. 
payment  of  claim  of  Fidelity  and  Deposit 

Company    of    Maryland,    Act    1878,    p. 

921. 
acquisition     of    Mission    rock.     Act    1879, 

p.   921. 
Chapter   142 — Hay,  p.   922. 

standard  hay  baling  act,   Act  1882,  p.  922. 
Chapter    143 — Hrrmosa   Beach,    p.    923. 
tide   land   gra^t.    Act   1894,    p.    923. 
xlv  ) 


TABLE   OP   CONTENTS. 


Chapter  144 — Hlgrhways,  p.  924. 

good  roads  law  of  1907,  Act  1900,  p.   925. 
Joint  highway  districts.  Act  1900a,  p.  930. 
county    joint    highways,    state    co-opera- 
tion,  natural  military   highways.    Act 

1900b,   p.    939. 
natural  rural  post  roads,  state  co-opera- 
tion, Act  1900c,  p.   940. 
boulevard   district  act   of   1911,   Act   1902, 

p.    941. 
highway    care,    management    and    protec- 
tion act  of  1915,  Act  1903,  p.   952. 
road    district    improvement    act    of    1907, 

Act   1910,   p.    954. 
work  on  state  highways  by  local  author- 
ities,  Act   1910a,   p.    969. 
highway    lighting    districts.    Act    1911,    p. 

969. 
lighting    district    validation    act    of    1915, 

Act  1911a,  p.   976. 
shade   and    ornamental   tree    act    of    1913, 

Act  1912,   p.   977. 
county  highway  maintenance  act  of  1911, 

Act  1913,   p.   979. 
payment  by  counties  of  interest  on   state 

highway    bonds.    Act    1914,    p.    979. 
right  of  way  over  public  lands.  Act  1915, 

p.   980. 
state   highways   act.   Act   1916,   p.   980. 
state    highways    act    of    1915,    Act    1916a, 

p.    986. 
special    election    on    highway    amendment 

to  constitution,  Act  1916b,  p.   993. 
acquisition    of    rights    of    way    and    rock 

quarries  by  counties.  Act  1917,  p.  994. 
openings  and  obstructions  on   state  high- 
ways.  Act   1917a,   p.    995. 
abandonment    act    of    1915,    Act    1917b,    p. 

996. 
convict     labor     on     state     highways,     Act 

1917d,   p.   996. 
road   division  validation   act  of   1917,  Act 

1917e,   p.  997. 
state  aid  highways  in  counties  and  towns. 

Act    1918,    p.    998. 
purchase  of  "Big  Oak  flat"  and  "Yosemite 

and  Wawona"  roads.  Act  1919,  p.  1000. 
Lake  Tahoe  wagon  road,  Act  1920,  p.  1000. 
bridge    on   Lake    Tahoe   wagon    road.   Act 

1920a,  p.   1000. 
Placerville   and  Lake  Tahoe  wagon  road. 

Act   1920b,    p.    1000. 
state    highway    from    Meyer's    station    to 

McKinneys,    Act    1921,   p.    1001. 
Alpine   state   highway.   Act   1922,   p.    1001. 
state     highway     from     Emigrant    Gap     to 

Donner   lake,    construction.   Act   1923, 

p.    1001. 
state    highway     from     Emigrant     Gap    to 

Donner    lake,    maintenance.    Act    1924, 

p,   1001. 
Emigrant     Gap     state     road,     change     of 

grade.  Act  1925,  p.   1001. 
Lassen    county    state    highway.    Act    1926, 

p.   1002. 
Alturas    to    CedarvUle    county    road.    Act 

1927,   p.   1002. 
state   highway   from   Sacramento   to   Fol- 

som,  Act  1928,  p.  1002. 
Btate      highway      from      Mount      Pleasant 

ranch    to    Downieville,    Act    1929,    p. 

1002. 

(XV 


Chapter    144 — Highways — (Continued). 

declaring  part  of  Sonora  and  Mono  wagon 

road,    a   state    highway.    Act    1930,    p. 

1002. 
Sonora  and  Mono  state  highway.  Act  1931, 

p.   1003. 
Trinity-Humboldt      state      highway.      Act 

1932,    p.    1003. 
free    wagon    road   from   Mono    lake    basin 

to    "Tioga   road,"   Act  1933,   p.    1003. 
Mono    lake    basin    state    road,    extension. 

Act   1934.   p.    1003. 
Trinity  -  Tehama  -  Shasta  -  Humboldt  state 

highway.  Act  1935,   p.   1003. 
Trinity  -  Tehama  -  Shasta  -  Humboldt   state 

highway,     completion.     Act     1936,     p. 

1003. 
Trinity  -  Tehama  -  Shasta  -  Humboldt   state 

highway     survey     of     extension,     Act 

1937,   p.    1004. 
Kings   river  state   highway.    Act    1939,    p. 

1004. 
Bakersfleld,   Maricopa   and  Ventura  state 

highway,  Act  1940,   p.   1004. 
wagon   road   from   McKinney's    to   Donner 

lake    declared    a    state    highway.    Act 

1941,   p.   1004. 
purchase  of  portion  of  great  Sierra  wagon 

road,     or    "Tioga     road,"     Act     19413, 

p.    1005. 
Big   Oak    flat    and   Yosemite   toll    road,    a 

state  highway.  Act  1942,   p.   1005. 
"Yolo    and    Lake     highway,"     Act    1942a, 

p.    1006. 
Tahoe    city   and   Crystal   bay   state    high- 
way.  Act   1943,   p.    1007. 
state  highway  from  Kern  county  to  Nord- 

hoff.   Act  1943a,  p.   1007. 
highway     from     Surprise     valley     to     the 

Nevada  line.  Act  1943b,  p.   1007. 
highway     from     Pescadero     to     California 

redwood  park.  Act   1943c,  p.  1008. 
Pasadena    state    highway.    Act    1943d,    p. 

1008. 
state     highway     from     Saratoga     Gap     to 

California    redwood    park.    Act    1943e, 

p.  1009. 
state    highway    from    San    Bernardino    to 

Redlands,   Act  1944,   p.   1009. 
taking  over  road  in  Boulder  Creek  town- 
ship,   Santa    Cruz    county.    Act    1944a, 

p.   1010. 
highway   between   Susanville   and    Nevada 

line.  Act  1944b,  p.  1010. 
highway    from    Truckee     to    the    Nevada 

line,   Act   1945,    p.    1011. 
highway    from    Butte    county   highway    to 

Willows,    Act    1945a,    p.    1011. 
declaring    highway    from    Long    Barn    to 

Sonora,    a  state   highway.    Act   1945b, 

p.  1011. 
report  on  road  laws.  Act  1946,  p.   1012. 
Chapter  145 — Historic  Property,  p.  1012. 
acquisition,    preservation,    etc.,   of  certain 

historic  properties.   Act  1950,  p.  1012. 
California    historical    survey    commission. 

Act   1951,    p.    1013. 
board  of  trustees,  PIo  Pico  mansion.  Act 

1952,  p.  1014. 

record    of    California    in    great    war.    Act 

1953,  p.   1016, 
) 


TABLE   OF   CONTENTS. 


Chapter  146— Hogs,  p.  1016. 

hogs    running    at   large    in    certain    coun- 
ties, Act  1954,  p.   1016. 
Chapter   147 — Holidays,  p.   1017. 

holidays    declared    by    municipalities,    Act 

1955,    p.   1017. 
Lincoln's   birthday   declared   a   legal   holi- 
day.  Act  1956,   p.   1017. 
Lincoln's  100th  birthday   declared  a  legal 

holiday.    Act    1957,    p.    1017. 
Chapter   148 — Homesteads,   p.    1018. 

formation     and    extension     of     homestead 

corporations,   Act   1974,   p.    1018. 
Chapter   149 — Hops,  p.   1019. 

fixing    tare    on    baled    hops,    Act    1991,    p. 

1019. 
Chapter    150 — Horticultare,   p.    1019. 

horticultural    nomenclature.    Act    2001.    p. 

1019. 
pear  and  walnut  blight  investigation.  Act 

2002,  p.  1019. 
horticultural  act  of  1912,  Act  2009,  p.  1020. 
fraudulent   sale   of   fruit   trees,    Act   2010, 

p.    1024. 
destructive   diseases   of  cultivated   plants. 

Act  2011,  p.   1024. 
sale  and  shipment  of  frosted  citrus  fruits. 

Act  2012,  p.   1025. 
date    palm    distribution    and    quarantine. 

Act  2013,  p.  1025. 
Chapter  151 — Hospital,  p.  1026. 

maternity   hospitals.   Act    2017,   p.    1026. 
endowment  of  hospitals.  Act  2018,  p.  1027. 
Chapter  152 — Hotels,  p.  1029. 

use    of    illuminating    gas    in    hotels.    Act 

2023,  p.   1029. 
exit  signs  in  hotels,  etc..  Act  2024,  p.  1029. 
"state    hotel    and    lodging    house    act"    of 

1917,  Act  2026,  p.   1030. 
hotel   act   of  1917,    Act   2028,   p.    1063. 
Chapter  153 — Hours  of  Labor,  p.   1065. 

women's  eight-hour  law.  Act  2034,  p.  1065. 
Chapter  154 — Humboldt  Bay,  p.  1067. 

grant  of  tide  lands  to   the  United  States, 

act  of  1887,  Act  2051,   p.   1067. 
grant  of  tide  lands  to   the  United   States, 

act  of  1889,   Act   2052,   p.    1067. 
purchase    of    certain    lands    in    Humboldt 

bay,    Act   2053,    p.    1068. 
survey    of    Humboldt    bay.    Act    2054,    p, 

1068. 
Chapter   155 — Humboldt  County,  p.  1068. 
additional    superior    judge    for.    Act    2062, 

p.    1068. 
challenges    to    jurors    in    justice's    courts. 

Act    2063,    p.    1068. 
log   scaling.   Act   2064,   p.   1068. 
disposal  of  town  and  village  lots  on  pub- 
lic lands,   Act   2071,   p.   1068. 
Chapter    156 — Hunting   on   Private    Grounds, 
p.   1069. 
hunting  and  shooting  on  private  grounds, 

Act   2078,   p.   1069. 
Chapter    157 — Immigration^    p.    1069. 

immigration    of    persons    incompetent    to 

become  citizens.   Act  2089,   p.   1070. 
Immigration  and  housing  act  of  1913,  Act 

2090,  p.   1070. 

immigration      disembarking      zones.      Act 

2091,  p.  1074, 


Chapter  158 — Imperial  County,  p.    1075. 

additional    superior    judge.    Act    2093,    p. 
1075. 
Chapter  159 — Indians,  p.  1076. 

government  and  protection  of  Indians, 
Act   2095,   p.   1076. 

grant  of  lands  in  Indian  reservations  to 
the  United  States,  Act  2097,  p.  1076. 

Interference  with  Indian  agents.  Act  2098, 
p.  1076. 
Chapter    160 — Industrial    Accident    Commis- 
sion, p.  1077, 

abolishing  industrial  accident  board  and 
conferring  powers  on  industrial  acci- 
dent commission,  Act   2101,   p.   1077. 

establishing  and  defining  jurisdiction  of 
commission.   Act   2101a,   p.   1078. 

"industrial  accident  fund,"  Act  2102,  p. 
1078. 

"accident  prevention  fund,"  Act  2103,  p. 
1079. 

statistics  as  to  industrial  accidents.  Act 
2104,   p.   1079. 

"state  compensation  insurance  fund," 
appropriation,   Act   2105,   p.    1081. 

"Boynton  act,"  "workmen's  compensa- 
tion, insurance  and  safety  act"  of 
1913,  administrative.  Act  2106,  p.  1081. 

actions  against  insurance  carriers.  Act 
2106a,   p.   1096. 

protection    of   beneficiaries    of   workmen's 
compensation    insurance    policies,    Act 
2106b.   p.   1097. 
Chapter    161 — Industrial    W^elfare    Commis- 
sion, p.   1100. 

industrial    welfare    commission    act,    Act 
2107,  p.   1100. 
Chapter   162 — Infants,  p.   1106. 

attending  prizefights  and  cockfights,  Act 
2110,   p.   1106. 

child  labor  law  of  1905,  Act  2113,  p.  1107. 

child  labor  law  of  1919,  Act  2113a,  p.  110.8. 

minors  engaged  in  business  at  night,  Act 
2115,    p.    1112. 
Chapter  163 — Insane  Asylums,  p.  1113. 

Stockton  state  hospital,  armory  site.  Act 
2134,    p.    1113. 

Stockton  state  hospital  removal  of  bodies 
from  the  cemetery.  Act  2134a,  p.  1114. 

Stockton  state  hospital,  condemning  cer- 
tain   streets  for.   Act  2138,   p.   1114. 

Napa  state  hospital,  water  supply  for, 
Act  2139,   p.   1114. 

Napa  state  hospital,  grant  of  railroad 
right  of  way.  Act  2143a,  p.  1114. 

Agnews  state  hospital,  erection  of  water 
towers  and  tanks.  Act  2145,  p.  1114. 

Agnews  state  hospital,  replacing  build- 
ings destroyed  in  1906,  Act  2146,  p. 
1114. 

Agnews  state  hospital,  conveyance  of 
certain  property  to  Western  Distill- 
eries,  Act   2147,    p.   1115. 

Agnews  state  hospital,  grant  of  right  of 
way  for  spur  track.  Act  2147a,  p.  1115. 

Agnews  state  hospital,  confirming  sale  of 
property  to  Western  Distilleries  Com- 
pany,   Act   2147b,   p.    1115. 

Agnews  state  hospital,  cottage  for  female 
working  patients.  Act  2148,  p.  1115. 

Mendocino  state  hospital,  change  of  name. 
Act   2150,   p.   1115. 
i  ) 


TABLE   OF   CONTENTS. 


Chapter  163 — Insane  Asylums — (Continued). 

Southern  California  state  hospital,  rail- 
road right  of  way,  Act  2152,  p.  1115. 

Southern  California  state  hospital,  con- 
veyance of  certain  water  rights.  Act 
2153,    p.    1116. 

Southern  California  state  hospital,  right 
of  way  for  electric  railroad.  Act  2154, 
p.  1116. 

Southern  California  state  hospital,  ratifi- 
cation of  conveyance.  Act  2155,  p. 
1116. 

Norwalk  state  hospital,  establishment  of. 
Act   2156,   p.    1116. 

"Pacific    colony"    act,   Act    2163,    p.    1117. 
Chapter  164 — Insects,  p.   1125.  • 

mosquito  abatement  districts.  Act  2168, 
p.   1125. 

prevention  of  Importation  of  insects.  Act 
2169,   p.    1131. 
Chapter  165 — Insurance,  p.   1132. 

borrowing  money  from  insurance  com- 
panies.  Act   2181,   p.   1132. 

printing  notice  of  assessments  on  policy 
cover,   Act   2182,   p.    1133. 

county  flre  insurance  companies  act.  Act 
2183,   p.   1133. 

non-insurance  of  state  property.  Act  2185, 
p.   1144. 

standard  form  of  flre  insurance  policy, 
Act   2186,   p.   1144. 

extending  time  for  insurance  statement, 
Act  2187,  p.   1151. 

livestock  Insurance,  Act  2189,  p.  1151. 

standard  form  of  accident  and  health 
policy.   Act   2189a,   p.    1154. 

mutual  fire  insurance  companies.  Act  2190, 
p.   1162. 

reciprocal  indemnity  insurance  act  of 
1917,   Act   2192a,   p.   1166. 

mutual  workmen's  compensation  insur- 
ance companies.  Act  2193,  p.  1170. 

misrepresenting  terms  of  Insurance  pol- 
icy.   Act    2194,    p.    1174. 

social  insurance  investigating  commis- 
sion,  Act  2196,   p.   1175. 

guaranty  surplus  and  special  reserve 
funds.   Act   2197,   p.   1176. 

liquidation   of   delinquent    insurance   com- 
panies.  Act   2199,   p.    1179. 
Chapter  166 — Interest,  p.  1182. 

rates  of  interest  on  laws  on  chattel  mort- 
gages. Act   2200,   p.   1182. 
Chapter    167 — Intoxicating   Liquors,   p.    1183. 

collections  of  accounts  for  liquor.  Act 
2213,    p.    1183. 

sale  to  person  inordinately  addicted  to 
use.   Act   2214,   p.    1184. 

Mendocino  state  hospital,  sale  of  liquor 
near.  Act  2222,  p.  1184. 

sale  within  one  mile  of  College  City,  Act 
2223,  p.  1184. 

sale  near  construction  camp,  Act  2224, 
p.   1184. 

public  school  house  act,  Act  2224a,  p. 
1185. 

"Wyllie  local  option  law,"  Act  2225,  p. 
1185. 

building  nuisance  abai«3m«vt  act.  Act 
2227,   p.   1197. 

(  « 


Chapter  168 — Investment  Companies,  p.  1198. 

"blue  sky  law,"  Act  2235,  p.  1199. 

"corporate    securities    act,"    Act    2236,    p. 
1208. 
Chapter    169 — Inyo   County,   p.    1219. 

trespassing    animals.    Act    2242,    p.    1219. 
Chapter   170 — Irrigation  and  Irrigation  Dis- 
tricts, p.   1219. 

irrigation  district  act  of  1872,  Act  2258, 
p.   1220. 

"Wright  act,"  Act  2259,  p.  1221. 

"California  irrigation  district  act," 
"Brldgeford  act,!'  Act   2266,  p.    1232. 

irrigation  districts  of  over  500,000  acres. 
Act   2266a,  p.   1280. 

"the  California  irrigation  act.  Act  2266b, 
p.    1282. 

district  co-operation  with  federal  recla- 
mation  service.   Act   2266c,   p.   1313. 

contracts  with  federal  reclamation  serv- 
ice,  Act  2266d,   p.   1316. 

defining  "private  irrigation  plant,"  Act 
2266e,   p.   1317. 

district  co-operation  with  adjoining  dis- 
tricts in  other  states,  Act  2266f,  p. 
1318. 

drainage  by  irrigation  distrlAs,  Act  2266g, 
p.   1319. 

development  of  electric  power,  Act  2266h, 
p.    1319. 

assessment  of  state  land,  Act  2266j,  p. 
1320. 

county  irrigation  districts.  Act  2267,  p. 
1320. 

validation  of  county  irrigation  districts. 
Act   2267a,  p.   1321. 

"county  power  pumping  district  act,"  Act 
2267b,  p.   1321. 

dissolution  of  irrigation  districts  act  of 
1919,  Act  2267c,  p.   1327. 

dissolution  of  Irrigation  districts  act  of 
1903,  Act  2267d,   p.  1329. 

finding  act  of  1897,   Act  2268,   p.   1333. 

legalizing  irrigation  bonds,  Act  2268a, 
p.   1336. 

refunding  act  of  1919,  Act   2268b,   p.   1337. 

irrigation  bonds  as  legal  instruments.  Act 
2271,  p.    1337. 

payment  of  assessments  in  installments. 
Act    2272,    p.    1341. 

release  of  liens  upon  cancellation  of 
bonds.  Act  2273,   p.   1342. 

redemption  of  property  sold  for  delin- 
quent  assessments.   Act   2274,   p.   1343. 

leasing  of  water  for  power  purposes.  Act 

2275,  p.   1344. 

contracts    for    water    for    Irrigation,    Act 

2276,  p.   1345. 

declaring    irrigation     a    public    use,     Act 

2278,   p.   1346. 
"Oakdale    irrigation    district,"    validation. 

Act   2279,   p.   1347. 
"Westside    irrigation    district,"    Act    2280, 

p.  1347. 
"Westside   irrigation   district,"   validation, 

Act  2280a,   p.   1347. 
"Modesto     irrigation    district,"    Act    2281, 

p.  1347. 
"Modesto    irrigation    district,"    ralidation. 

Act   2282,   p.   1347. 
"Turlock    irrigation    district,"    validation. 

Act  2283,  p.  1847. 


TABLE   OF   CONTENTS. 


Chapter  170 — Irrigation  and  Irrigation  Dis- 
tricts—  (Continued). 

"South  San  Joaquin  irrigation  district," 
validation,    Act   2284,    p.   1348. 

"Imperial  irrigation  district,"  validation, 
Act    2285,    p.    1348. 

"Imperial  irrigation  district,"  legalizing 
bonds.    Act    2285a,    p.    1349. 

"Imperial  irrigation  district,"  purchase  of 
bonds  of  California  Development  Com- 
pany, Act  2285b,  p.  1350. 

"San  Ysidro  irrigation  district,"  valida- 
tion.  Act   2286,    p.   1351. 

"Anderson  -  Cottonwood  irrigation  dis- 
trict," validation.  Act  2287,  p.  1351. 

"La  Mesa,  Lemon  Grove  and  Spring  Val- 
ley irrigation  district,"  validation. 
Act   2288,   p.   1352. 

"Waterford  irrigation  district,"  valida- 
tion,  Act   2289,   p.   1352. 

"Carmichael  irrigation  district,"  valida- 
tion, Act  2290,   p.  1352. 

"Happy  Valley  irrigation  district,"  vali- 
dation. Act   2291,   p.   1353. 

"Paradise  irrigation  district,"  validation. 
Act  2292,  p.   1353. 

"Stratford  •irrigation  district,"  validation. 
Act  2293,  p.   1353. 

"Terra  Bella  irrigation  district,"  valida- 
tion, Act  2294,  p.   1353. 

"Lindsay-Strathmore  irrigation  district," 
validation.  Act  2294a,   p.  1354. 

"Baxter  Creek  irrigation  district,"  vali- 
dation, Act  2294b,   p.   1354. 

"Princeton-Codora-Glenn  irrigation  dis- 
trict," validation.  Act  2294c,  p.  1354. 

"Red  Rock  irrigation  district,"  valida- 
tion.  Act  2294d,  p.   1354. 

"Tranquillity  irrigation  district,"  valida- 
tion, Act  2294e,  p.   1354. 

"Fair  Oaks  irrigation  district,"  valida- 
tion. Act  2294f,  p.   1355. 

"Jacinto    irrigation    district,"    validation. 
Act  2294g,  p.  1355. 
Chapter  171 — Japanese,  p.   1355. 

Japanese  statistics,  Acts  2295,  2296,  p.  1355. 
Chapter    172 — Jewish   Order  of  Kesher  Shel 
Barsel,   p.    1356. 

conferring    corporate    powers.    Act     2301, 
p.  1356. 
Chapter  173 — Judges  of  the  Plains,  p.   1356. 

judges  of  the  plains.   Act   2306,  p.   1356. 
Chapter  174 — Judgments,  p.  1356. 

payment  of  judgments  against  counties 
and   municipalities,   Act   2311,   p.    1356. 

recovery    of    judgments    against    munici- 
palities of  pver  one  hundred  thousand 
population.   Act  2312,   p.   1357. 
Chapter   175 — Justice's  Clerk,  p.   1358. 

justice's  clerk  in  cities  and  counties  of 
over  100,000  population.  Act  2324,  p. 
1358. 

clerk    in     township    justice's    court.    Act 
2325.  p.  1359. 
Chapter   176 — Jute   Goods,  p.   1360. 

sale  price  of  jute  goods,  Act  2331,  p.  1360. 

insurance  of  jute  goods.  Act  2332,  p.  1361. 

permanent  fund  for  purchase  of  jute,  Act 
2333,   p.   1362. 
Chapter   177 — Juvenile   Court,  p.    1363. 

juvenile  court  law  of  1915,  Act  2341, 
p.    1363. 


Chapter  178 — Kaweah  River,  p.   1389. 

Kaweah    river    commissioners.    Act    2346, 
p.   1389. 
Chapter  179 — Kelp,  p.   1389. 

Kelp  act.  Act  2353,  p.  1389. 
Chapter   180 — Kern   County,  p.   1393. 

issue    of    bonds   to   pay    county    indebted- 
ness. Act  2361,  p.  1393. 
increase     of    superior    judges.     Act     2367, 

p.   1393. 
salaries    of   superior  judges.    Act    2371,    p. 
1394. 
Chapter   181 — Kings   County,  p.   1394. 

organization    act,    Act    2380,    p.    1394. 
Chapter  ;.82 — Knight's  Landing,  p.  1395. 

hogs    and    goats    running    at    large.    Act 
2395,   p.   1395. 
Chapter   183 — Labor  Bureau,  p.   1395. 

bureau    of    labor    statistics,    Act    2401,    p. 

1396. 
bureau    of    labor    statistics,    attorney.    Act 

2402,   p.  1399. 
enforcement    of    labor    laws,    Act    2403,    p. 

1400. 
protection   of  wages  of  labor  act  of  1868, 
Act   2404,   p.   1400. 
Chapter  184 — Labor  Unions,  p.  1400. 

unlawful    wearing    of    button.    Act    2412, 

p.    1400. 
unlawful  use  of  card.  Act  2413,  p.   1400. 
Chapter   185 — Lake  Bigler,  p.   1401. 

legalizing  name.   Act  2417,  p.   1401. 
Chapter   186 — Lake  County,  p.    1401. 

issue  of  bonds  to  pay  judgment.  Act  2422, 

p.    1401. 
transfer   and   loan    of   swamp   land   funds, 

Act   2424,   p.    1401. 
restrict   herding   of   sheep   and   goats.    Act 
2428,  p.   1401. 
Chapter  187 — Lake  Earl,  p.  1402. 

permanently     draining     Lake     Earl,     Act 
2434,   p.   1402. 
Chapter  188 — Lakeport,  p.   1402. 

hogs   running  at  large.  Act   2439,   p.   1402. 
Chapter   189 — Lakes,  p.   1402. 

lowering    certain    lake    levels    by    United 
States   government,   Act   2444,   p.   1402. 
Chapter   190 — Larceny,   p.    1403. 

conversion  of  fixtures,  Act  2465,  p.  1403. 
gold  dust,  amalgam,  quicksilver.  Act  2466, 
p.   1403. 
Chapter  191 — Leases,  p.  1404. 

certain  leases  confirmed  and  ratified.  Act 
2483,    p.    1404. 
Chapter  192 — Legal  Tender,  p.   1405. 

legal    tender   notes   receivable   at   par   for 
taxes.   Act   2488,   p.   1405. 
Chapter  193 — Legislation,  p.   1405. 

legislative    counsel    bureau.    Act    2494,    p. 

1405. 
Investigation   of  highway  legislation.  Act 
2495,   p.   1408. 
Chapter    194 — Levee    Districts,    p.    1408. 
levee    district    act    of    1905,    Act    2508,    p. 

1409. 
validation   act   of  1915,   Act   2509,   p.    1415, 
Bear  river  district  No.  1,  Act  2510,  p.  1416. 
levee  district  No.  1  of  Sacramento  county. 

Act   2511,   p.    1416. 
levee  district  No.   1   of  Sutter  county.  Act 
2511a,   p.    1416. 


(  xvlll  ) 


TABLE   OF   CONTENTS. 


Chapter    194 — tevee   Districts — (Continued). 
levee     district    No.     1     of    Sutter    county, 

funding   bonds,   Act   2511b,   p.   1417. 
levee  district  No.   2  of  Sutter  county,  Act 

2511c,  p.   1417. 
levee  district  No.  2  of  Sutter  county,  sup- 
plementary   act.    Act    2512,    p.    1417. 
levee     district    No.     2     of    Sutter    county, 

funding  act,   Act   2512a,  p.   1417. 
levee  district  No.   6  of  Sutter  county.   Act 

2513,   p.   1417. 
levee     district    No.     6     of    Sutter     county, 

funding:  act.  Act  2514,  p.   1417. 
Palo    "Verde    joint    levee    district,    valida- 
tion,  Act   2515,   p.   1417. 
levee    and    protection    districts,    refunding 

act  of  1897,  Act  2516,  p.  1418. 
bond  act  of  1911,  Act  2517,  p.  1420. 
Sacramento  river  west  side  levee  district. 

Act    2518,    p.    1429. 
Chapter  195 — Libel,  p.   1440. 

undertaking  for  costs,  Act  2527,  p.  1440. 
Chapter    195a — Libraries,   p.    1442. 

municipal    public    libraries.    Act    2530,    p. 

1442. 
county    free   libraries.    Act    2530a,    p.    1445. 
public   libraries   in   unincorporated   towns, 

Act    2530b,    p.    1450. 
deposit     of     newspaper     files     in     public 

libraries.   Act   2530c,   p.    1458. 
Chapter    196 — Licenses,   p.    1458. 

foreign     miners'     licenses,     Act     2532,     p. 

1458. 
licenses   to  certain  aliens   prohibited.   Act 

2533,    p.    1459. 
foreign    miners'    licenses    fees    granted    to 

mining  counties.   Act  2534,  p.   1459. 
enforcement    of    collection,    Act    2535,    p. 

1459. 
legalizing  payments  of  salaries  of  license 

collectors,  Act  2536,  p.   1459. 
licenses    on    sheep    raising,    herding,    etc., 

Act   2537,   p.  1459. 
itinerants    vendor's    license.    Act    2538,    p. 

1459. 
bicycle    license.    Act    2539,    p.    1461. 
Chapter   197 — Liens,   p.    1463. 

lien    on    livestock    for    feeding,    etc..    Act 

2545,  p.  1463. 
loggers'  lien.  Act  2549,  p.  1463. 
Chapter    198 — Llvestoclc,   p.    1466. 

tampering  with  animals.  Act  2560,  p.  1466. 
importation     of     diseased     livestock.     Act 

2565,  p.    1467. 

preventing     introduction     of     rabies.     Act 

2566,  p.    1469. 

preparation,  inspection  and  sale  of  hog 
cholera  serums,  etc.,  Act  2568,  p. 
1472. 

prevention  of  spread  of  contagious  ani- 
mal   diseases.    Act    2568a,    p.    1473. 

herding  and  grazing  of  livestock  by  non- 
residents.  Act    2568b,    p.    1474. 

extermination  of  boophilus  annulatua 
tick.    Act   2568c,   p.   1475. 

combinations  to  obstruct  sale  of  live- 
stock, Act  2568d,  p.  1477. 

cattle  protection  board,  Act  2568e,  p.  1478. 
Chapter   199 — Logs.   p.    1483. 

standard  of  measurement.  Act  2569,  p. 
1483. 


Chapter   200 — Long:   Beach,  p.    1489. 

freeholders'    charter.    Act    2574,    p.    1489. 
tideland   grant.    Act    2575,    p.    1490. 
Chapter   201 — Los  Angeles  City,  p.   1491. 
freeholders'    charter.    Act    2580,    p.    1491. 
irrigation     improvement     fund     bond    act, 

Act    2582,    p.   1496. 
main    sewer    fund    bond    act,    Act    2583,    p. 

1496. 
"general    irrigation    fund"    bond    act,    Act 

2584,  p.   1497. 
Los  Angeles  street  bond  act.  Act  2585,  p. 

1497. 
ratifying  deed  to  T.  A.  Sanchez,  Act  2586, 

p.    1497. 
ratifying  certain  acts  of  city  council.  Act 

2587,  p.  1497. 
pollution    of    public    zanjas.    Act    2591,    p. 

1497. 
dedication    of    land    for    the    widening    of 

Vermont   avenue.    Act   2593,   p.    1497. 
tideland  grant,   Act   2596,   p.   1498. 
tidelands    required    for    public    purposes. 

Act    2597,    p.    1499. 
protection   of  navigation   act  of   1917,   Act 

2598,    p.    1499. 
protection   of  navigation   act   of   1919,   Act 

2600,  p.   1500. 
Chapter  202 — Los  Angeles  County,  p.  1500. 
protection     of    El    Monte    township    from 

overflow.   Act   2609,   p.   1501. 
bridge    across    the    Santa    Ana    river.    Act 

2622,  p.  1501. 
county   charter.  Act  2626,  p.   1501. 
"Los    Angeles    county    flood    control    act," 

Act   2627,   p.   1501. 
"Los    Angeles    county    flood    control    dis- 
trict,"   bond    validation.    Act    2628,    p. 

1510. 
Los  Nietos  Irrigation  district.  Act  2631,  p. 

1511. 

Chapter    203 — Los    Nietos    Collegiate    Insti- 
tute, p.   1511. 
trustees   empowered   to   acquire    land.   Act 
2636.  p.   1511. 

Chapter   204 — Lost   Warrants,  p.   1512. 

payment     of     lost     warrants    authorized. 
Act   2646,   p.   1512. 

Chapter  205 — Madera  County,  p.   1513. 

organization  act.  Act  2671,  p.  1513. 
Chapter  206 — Mad  River,  p.  1513. 

improvement  act  of  1878,  Act  2676,  p.  1513, 
improvement  act  of  1911,  Act  2677,  p.  1513. 
Chapter  207 — Manufacturers,  p.   1514. 

labeling   articles    made    from    shoddy.    Act 

2682,   p.   1514. 
registration  of  factories,  Act  2683,  p.  1515. 
medical    and    surgical    appliances    In    fac- 
tories.  Act   2684,   p.   1515. 
sanitation   of   factories.   Act   2685,   p.    1516. 
Chapter    208 — Maps,    p.    1516. 

recording  maps  of  subdivisions.  Act  2690, 

p.   1516. 
curative   act   of   1917,   Act   2691,    p.    1521. 
alteration   or  vacation  of  recorded  maps. 
Act  2692,   p.   1521. 
Chapter   209 — Marin   County,   p.    1523. 

coroner's    fees    in    state    prison   cases.    Act 

2C96,    p.    1523. 
stock   running  at   large,   Act   2704,  p.  152S. 
Chapter    210 — Mnriitu.sa    County,    p.    1523. 


<xlx> 


TABLE   OF   COXTENTS. 


Chapter   211 — Marks  and  Brands,  p.   1523. 
marking  citrus  fruit  containers.  Act  2727, 

p.    1523. 
marking  fresh  and  dried  fruit  containers, 

Act   2728,   p.   1524. 
labeling    articles    manufactured    in    state 

prisons,    etc..   Act   2729,   p.    1524. 
perpetuation    of    marks    and    brands.    Act 
2730,  p.  1525. 
Chapter    212 — Marshall    Monnment,    p.    1526. 
guardian  of  Marshall  monument,  Act  2746, 
p.    1526. 
Chapter   213 — Martinez,  p.    1526. 

release     of     land     covered     by     Carquinez 
straits.  Act  2753,   p.   1526. 
Chapter    214 — Marysville,   p.    1527. 

board    of    city    levee    commissioners,    Act 

2759,   p.   1527. 
levee    funding    act    of    1876,    Act    2760,    p. 
1527. 
Chapter    215 — Master    and    Servant,    p.    1527. 
day  of  rest  from  labor.  Act  2770,   p.   1527. 
camp   sanitation.    Act    2772.    p.    1523. 
lunch  hour  in  sawmills,  Act  2773,  p.  1530. 


Chapter  215 — Master  and  Servant — (Cont'd), 
misrepresentations     as     to     conditions     of 

employment,  Act  2774,   p.   1530. 
advertisements      for      employees      during 

strikes.   Act   2774a,   p.    1531. 
Interference    with    political    activities    of 

employees,   Act   2774b,   p.   1531. 
"tipping  act,"  Act  2774c,  p.   1532. 
"spotter   act,"   Act    2774d,   p.    1533. 
temporary  floor  act.  Act  2775,  p.  1533. 
"scaffolding  act,"  Act  2776,   p.   1534. 
payment    of    wages    by    negotiable    order, 

Act  2777,   p.   1535. 
payment  of  wages  act  of  1919,  Act  2778,  p. 

1536. 
seasonal    labor   wages.    Act    2779,    p.    1539. 
enforced  purchase  act.  Act  2779a,   p.  1539. 
service    letters    for   employees.    Act    2779b, 

p.   1540. 
cost  of  bonds  and  photographs.  Act  2779c, 

p.   1540. 
semi-monthly    paydays     for    county     em- 
ployees,  Act   2779d,   p.   1541. 
"workmen's    compensation    insurance   and 

safety  act  of  1917,"  Act  2781,  p.  1542. 


CONSTITUTION  OF  THE   UNITED  STATES-1787. 

We  the  people  of  the  United  States,  in  order  to  form  a  more  perfect  union,  establish 
justice,  insure  domestic  tranquillity,  provide  for  the  common  defense,  promote  the  gen- 
eral welfare,  and  secure  the  blessings  of  liberty  to  ourselves  and  our  posterity,  do 
ordain  and  establish  this  constitution  for  the  United  States  of  America. 

ARTICLE  I. 

$  1.  All  legislative  powers  herein  granted  shall  be  vested  in  a  congress  of  the  United 
States,  which  shall  consist  of  a  senate  and  house  of  representatives. 

^  2.  The  house  of  representatives  shall  be  composed  of  members  chosen  every  second 
year  by  the  peojile  of  the  several  states,  and  the  electors  in  each  state  shall  have  the 
qualifications  requisite  for  electors  of  the  most  numerous  branch  of  the  state  legis- 
lature. 

No  person  shall  be  a  representative  who  shall  not  have  attained  to  the  age  of  twenty- 
five  years,  and  been  seven  years  a  citizen  of  the  United  States,  and  who  shall  not,  when 
elected,  be  an  inhabitant  of  that  state  in  which  he  shall  be  chosen. 

[Representatives  and  direct  taxes  shall  be  apportioned  among  the  several  states  which 
may  be  included  within  this  union,  according  to  their  respective  numbers,  which  shall 
be  determined  by  adding  to  the  whole  number  of  free  persons,  including  those  bound 
to  service  for  a  term  of  years,  and  excluding  Indians  not  taxed,  three  fifths  of  all  other 
persons.]  The  actual  enumeration  shall  be  made  within  three  years  after  the  first 
meeting  of  the  congress  of  the  United  States,  and  within  every  subsequent  term  of  ten 
years,  in  such  manner  as  they  shall  by  law  direct.  The  number  of  representatives  shall 
not  exceed  one  for  every  thirty  thousand,  but  each  state  shall  have  at  least  one  repre- 
sentative ;  and  until  such  enumeration  shall  be  made,  the  state  of  New  Hampshire  shall 
be  entitled  to  choose  three,  Massachusetts  eight,  Rhode  Island  and  Providence  Planta- 
tions one,  Connecticut  five,  New  York  six,  New  Jersey  four,  Pennsylvania  eight,  Dela- 
ware one,  Maryland  six,  Virginia  ten.  North  Carolina  five,  South  Carolina  five,  and 
Georgia  three. 

When  vacancies  happen  in  the  representation  from  any  state,  the  executive  authority 
thereof  shall  issue  writs  of  election  to  fill  such  vacancies. 

The  house  of  representatives  shall  choose  their  speaker  and  other  officers;  and  shall 
have  the  sole  power  of  impeachment. 

§  3.  The  senate  of  the  United  States  shall  be  composed  of  two  senators  from  each 
state,  elected  by  the  people  tliereof  for  six  years;  and  each  senator  shall  have  one  vote. 
The  electors  in  each  state  shall  have  the  qualifications  requisite  for  electors  of  the 
most  numerous  branch  of  the  state  legislature.  When  vacancies  happen  in  the  repre- 
sentation of  any  state  in  the  senate  the  executive  authority  of  such  state  shall  issue 
writs  of  election  to  fill  such  vacancy;  provided  that  the  legislature  of  any  state  may 
empower  the  executive  thereof  to  make  temporary  appointments  until  the  people  fill 
the  vacancies  by  election,  as  the  legislature  may  direct.  This  amendment  shall  not  be 
so  construed  to  affect  the  election  or  term  of  any  senator  chosen  before  it  becomes 
valid  as  part  of  the  constitution. 

[Ratified  in  1913.] 

Immediately  after  they  shall  be  assembled  in  consequence  of  the  first  election,  they 
shall  be  divided  as  equally  as  may  be  into  three  classes.  The  seats  of  the  senators 
of  the  first  class  shall  be  vacated  at  the  expiration  of  the  second  year,  of  the  second 
class  at  the  expiration  of  the  fourth  year,  and  of  the  third  class  at  the  expiration  of  the 
sixth  year,  so  that  one  third  may  be  chosen  every  second  year;  and  if  vacancies  happen 

(  Mi ) 


CONSTITUTION    OF  THE  UNITED   STATES — 1787. 

by  resignation,  or  otherwise,  during  the  recess  of  the  legislature  of  any  state,  the  execu- 
tive thereof  may  make  temporary  appointments  until  the  next  meeting  of  the  legis- 
lature, which  shall  then  fill  such  vacancies. 

No  person  shall  be  a  senator  who  shall  not  have  attained  to  the  age  of  thirty  years, 
and  been  nine  years  a  citizen  of  the  United  States,  and  who  shall  not,  when  elected,  be 
an  inhabitant  of  that  state  for  which  he  shall  be  chosen. 

The  vice-president  of  the  United  States  shall  be  president  of  the  senate,  but  shall 
have  no  vote  unless  they  be  equally  divided. 

The  senate  shall  choose  their  other  officers,  and  also  a  president  pro  tempore,  in  the 
absence  of  the  vice-president,  or  when  he  shall  exercise  the  office  of  president  of  the 
United  States. 

The  senate  shall  have  the  sole  power  to  try  all  impeachments.  When  sitting  for  that 
purpose,  they  shall  be  on  oath  or  affirmation.  When  the  president  of  the  United  States 
is  tried,  the  chief  justice  shall  preside:  And  no  person  shall  be  convicted  without  the 
concurrence  of  two  thirds  of  the  members  present. 

Judgment  in  cases  of  impeachment  shall  not  extend  further  than  to  removal  from 
office,  and  disqualification  to  hold  and  enjoy  any  office  of  honor,  trust  or  profit  under 
the  United  States;  but  the  party  convicted  shall  nevertheless  be  liable  and  subject  to 
indictment,  trial,  judgment  and  punishment,  according  to  law. 

^  4.  The  times,  places  and  manner  of  holding  elections  for  senators  and  representa- 
tives, shall  be  prescribed  in  each  state,  by  the  legislature  thereof;  but  the  congress 
may  at  any  time  by  law  make  or  alter  such  regulations,  except  as  to  the  places  of 
choosing  senators. 

The  congress  shall  assemble  at  least  once  in  every  year,  and  such  meeting  shall  be 
on  the  first  Monday  in  December,  unless  they  shall  by  law  appoint  a  different  day. 

^  5.  Each  house  shall  be  the  judge  of  the  elections,  returns  and  qualifications  of  its 
own  members,  and  a  majority  of  each  shall  constitute  a  quorum  to  do  business;  but  a 
smaller  number  may  adjourn  from  day  to  day,  and  may  be  authorized  to  compel  the 
attendance  of  absent  members,  in  such  manner,  and  under  such  penalties  as  each  house 
may  provide. 

Each  house  may  determine  the  rules  of  its  proceedings,  punish  its  members  for 
disorderly  behavior,  and,  with  the  concurrence  of  two  thirds,  expel  a  member. 

Each  house  shall  keep  a  journal  of  its  proceedings,  and  from  time  to  time  publish 
the  same,  excepting  such  parts  as  may  in  their  judgment  require  secrecy-;  and  the 
yeas  and  nays  of  the  members  of  either  house  on  any  question  shall,  at  the  desire  of 
one  fifth  of  those  present,  be  entered  on  the  journal. 

Neither  house,  during  the  session  of  congress,  shall  without  the  consent  of  the 
other,  adjourn  for  more  than  three  days,  nor  to  any  other  place  than  that  in  which  the 
two  houses  shall  be  sitting. 

$  6.  The  senators  and  representatives  shall  receive  a  compensation  for  their  services, 
to  be  ascertained  by  law,  and  paid  out  of  the  treasury  of  the  United  States.  Thej-  shall 
in  all  eases,  except  treason,  felony  and  breach  of  the  peace,  be  privileged  from  arrest 
during  their  attendance  at  the  session  of  their  respective  houses,  and  in  going  to  and 
from  the  same;  and  for  any  speech  or  debate  in  either  house,  they  shall  not  be  ques- 
tioned in  any  other  place. 

No  senator  or  representative  shall,  during  the  time  for  which  he  was  elected,  be 
appointed  to  any  civil  office  under  the  authority  of  the  United  States,  which  shall  have 
been  created,  or  the  emoluments  whereof  shall  have  been  increased  during  such  time; 
and  no  person  holding  any  office  under  the  United  States,  shall  be  a  member  of  either 
house  during  his  continuance  in  office. 

§  7.  All  bills  for  raising  revenue  shall  originate  in  the  house  of  representatives;  but 
the  senate  may  propose  or  concur  with  amendments  as  on  other  bills. 


COXSTITrTIOX    OF  THE   IXITED   STATES — 17S7. 

Every  bill  which  shall  have  passed  the  house  of  representatives  and  the  senate,  shall, 
before  it  become  a  law,  be  presented  to  the  president  of  the  United  States ;  if  he  approve 
he  shall  sign  it,  but  if  not  he  shall  return  it,  with  his  objections,  to  that  house  in  which 
it  shall  have  originated,  who  shall  enter  the  objections  at  large  on  their  journal,  and 
proceed  to  reconsider  it.  If  after  such  reconsideration  two  thirds  of  that  house  shall 
agree  to  pass  the  bill,  it  shall  be  sent,  together  with  the  objections,  to  the  other  house, 
by  which  it  shall  likewise  be  reconsidered,  and  if  approved  by  two  thirds  of  that 
house,  it  shall  become  a  law.  But  in  all  such  cases  the  votes  of  both  houses  shall  be 
determined  by  yeas  and  nays,  and  the  names  of  the  persons  voting  for  and  against  the 
bill  shall  be  entered  on  the  journal  of  each  house  respectively.  If  any  bill  shall  not 
be  returned  by  the  president  within  ten  days  (Sundays  excepted)  after  it  shall  have 
been  presented  to  him,  the  same  shall  be  a  law,  in  like  manner  as  if  he  had  signed  it, 
unless  the  congress  by  their  adjournment  prevent  its  return,  in  which  case  it  shall  not 
be  a  law. 

Every  order,  resolution,  or  vote  to  which  the  concurrence  of  the  senate  and  house 
of  representatives  may  be  necessarj'  (except  on  a  question  of  adjournment)  shall  be 
presented  to  the  president  of  the  United  States;  and  before  the  same  shall  take  effect, 
shall  be  approved  by  him,  or  being  disapproved  by  him,  shall  be  repassed  by  two  thirds 
of  the  senate  and  house  of  representatives,  according  to  the  rules  and  limitations  pre- 
scribed in  the  case  of  a  bill. 

$  8.  The  congress  shall  have  power  to  lay  and  collect  taxes,  duties,  imposts  and 
excises,  to  pay  the  debts  and  provide  for  the  common  defense  and  general  welfare  of 
the  United  States;  but  all  duties,  imposts  and  excises  shall  be  uniform  throughout  the 
United  States; 

To  borrow  money  on  the  credit  of  the  United  States; 

To  regulate  commerce  with  foreign  nations,  and  among  the  several  states,  and  with 
the  Indian  tribes; 

To  establish  an  uniform  rule  of  naturalization,  and  uniform  laws  on  the  subject  of 
bankruptcies  throughout  the  United  States; 

To  coin  money,  regulate  the  value  thereof,  and  of  foreign  coin,  and  fix  the  standard 
of  weights  and  measures ; 

To  provide  for  the  punishment  of  counterfeiting  the  securities  and  current  coin  of 
the  United  States ; 

To  establish  post-offices  and  post-roads; 

To  promote  the  progress  of  science  and  useful  arts,  by  securing  for  limited  times  to 
authors  and  inventors  the  exclusive  right  to  their  respective  writings  and  discoveries; 

To  constitute  tribunals  inferior  to  the  supreme  court; 

To  define  and  punish  piracies  and  felonies  committed  on  the  high  seas,  and  offenses 
against  the  law  of  nations; 

To  declare  war,  grant  letters  of  marque  and  reprisal,  and  make  rules  concerning 
captures  on  land  and  water; 

To  raise  and  support  armies,  but  no  appropriations  of  money  to  that  use  shall  be  for 
a  longer  term  than  two  years; 

To  provide  and  maintain  a  navy; 

To  make  rules  for  the  government  and  regulation  of  the  land  and  naval  forces; 

To  provide  for  calling  forth  the  militia  to  execute  the  laws  of  the  Union,  suppress 
insurrections  and  repel  invasions; 

To  provide  for  organizing,  arming,  and  disciplining  the  militia,  and  for  governing 
such  part  of  them  as  may  be  employed  in  the  service  of  the  United  States,  reserving 
to  the  states,  respectively,  the  appointment  of  the  officers,  and  the  authority  of  training 
the  militia  according  to  the  discipline  prescribed  by  congress; 

(  Miii ) 


CONSTITUTION    OF  THE   UNITED   STATES — 17S7. 

To  exercise  exclusive  legislation  in  all  cases  whatsoever,  over  such  district  (not 
exceeding  ten  miles  square)  as  may,  by  cession  of  particular  states,  and  the  acceptance 
of  congress,  become  the  seat  of  the  government  of  the  United  States,  and  to  exercise 
like  authority  over  all  places  purchased  by  the  consent  of  the  legislature  of  the  state 
in  which  the  same  shall  be,  for  the  erection  of  forts,  magazines,  arsenals,  dockyards, 
and  other  needful  buildings; — And 

To  make  all  laws  which  shall  be  necessary  and  proper  for  carrying  into  execution 
the  foregoing  powers,  and  all  other  powers  vested  by  this  constitution  in  the  govern- 
ment of  the  United  States,  or  in  any  department  or  officer  thereof. 

^  9.  The  migration  or  importation  of  such  persons  as  any  of  the.  states  now  existing 
shall  think  proper  to  admit,  shall  not  be  prohibited  by  congress  prior  to  the  year  one 
thousand  eight  hundred  and  eight,  but  a  tax  or  duty  may  be  imposed  on  such  importa- 
tion, not  exceeding  ten  dollars  for  each  person. 

The  privilege  of  the  writ  of  habeas  corpus  shall  not  be  suspended,  unless  when  in 
eases  of  rebellion  or  invasion  the  public  safety  may  require  it. 
No  bill  of  attainder  or  ex  post  facto  law  shall  be  passed. 

No  capitation,  or  other  direct,  tax  shall  be  laid,  unless  in  proportion  to  the  census 
or  enumeration  hereinbefore  directed  to  be  taken. 

No  tax  or  duty  shall  be  laid  on  articles  exported  from  any  state. 
No  preference  shall  be  given  by  any  regulation  of  commerce  or  revenue  to  the  ports 
of  one  state  over  those  of  another :  nor  shall  vessels  bound  to,  or  from,  one  state,  be 
obliged  to  enter,  clear,  or  pay  duties  in  another. 

No  money  shall  be  drawn  from  the  treasury  but  in  consequence  of  appropriations 
made  by  law;  and  a  regular  statement  and  account  of  the  receipts  and  expenditures 
of  all  ijublic  money  shall  be  published  from  time  to  time. 

No  title  of  nobility  shall  be  granted  by  the  United  States:  And  no  person  holding 
any  office  or  profit  or  trust  under  them,  shall,  without  the  consent  of  the  congress, 
accept  of  any  present,  emolument,  office,  or  title,  of  any  kind  whatever,  from  any  king, 
prince,  or  foreign  state. 

§10.  No  state  shall  enter  into  any  treaty,  alliance,  or  confederation;  grant  letters 
of  marque  and  reprisal;  coin  money,  emit  bills  of  credit;  make  anything  but  gold  and 
silver  coin  a  tender  in  payment  of  debts;  pass  any  bill  of  attainder,  ex  post  facto  law, 
or  law  impairing  the  obligation  of  contracts,  or  grant  any  title  of  nobility. 

No  state  shall,  without  the  consent  of  the  congress,  lay  any  imposts  or  duties  on 
imports  or  exports,  except  what  may  be  absolutely  necessary  for  executing  its  inspec- 
tion laws:  and  the  net  produce  of  all  duties  and  imposts,  laid  by  any  state  on  imports 
or  exports,  shall  be  for  the  use  of  the  treasury  of  the  United  States;  and  all  such  laws 
shall  be  subject  to  the  revision  and  control  of  the  congress. 

No  state  shall,  without  the  consent  of  Congress,  lay  any  duty  of  tonnage,  keep  troops, 
or  ships  of  war  in  time  of  peace,  enter  into  any  agreement  or  compact  with  another 
state,  or  with  a  foreign  power,  or  engage  in  war,  unless  actually  invaded,  or  in  such 
imminent  danger  as  will  not  admit  of  delay. 

ARTICLE  II, 

§  1.  The  executive  power  shall  be  vested  in  a  president  of  the  United  States  of 
America.  He  shall  hold  his  office  during  the  term  of  four  years,  and,  together  with 
the  vice-president,  chosen  for  the  same  term,  be  elected  as  follows: 

Each  state  shall  appoint,  in  such  manner  as  the  legislature  thereof  may  direct,  a 
number  of  electors,  equal  to  the  whole  number  of  senators  and  representatives  to  which 
the  state  may  be  entitled  in  the  congress;  but  no  senator  or  representative,  or  person 
holding  an  office  of  trust  or  profit  under  the  United  States,  shall  be  appointed  an 
elector. 

(Miv) 


CONSTITUTION    OF  THE   UNITED   STATES — 1787. 

[The  electors  shall  meet  in  their  respective  states,  and  vote  b}'  ballot  for  two  persons, 
of  whom  one  at  least  shall  not  be  an  inhabitant  of  the  same  state  with  themselves. 
And  they  shall  make  a  list  of  all  the  persons  voted  for,  and  of  the  number  of  votes  for 
each;  which  list  they  shall  sign  and  certify,  and  transmit  sealed  to  the  seat  of  the 
government  of  the  United  States,  directed  to  the  president  of  the  senate.  The  president 
of  the  senate  shall,  in  the  presence  of  the  senate  and  house  of  representatives,  open  all 
the  certificates,  and  the  votes  shall  then  be  counted.  The  person  having  the  greatest 
number  of  votes  shall  be  the  president,  if  such  number  be  a  majority  of  the  whole 
number  of  electors  appointed;  and  if  there  be  more  than  one  who  have  such  majority, 
and  have  an  equal  number  of  votes,  then  the  house  of  representatives  shall  immediately 
choose  by  ballot  one  of  them  for  president ;  and  if  no  person  have  a  majority,  then  from 
the  five  highest  on  the  list  the  said  house  shall  in  like  manner  choose  the  president. 
But  in  choosing  the  president,  the  votes  shall  be  taken  by  states,  the  representation 
from  each  state  having  one  vote;  a  quorum  for  this  purpose  shall  consist  of  a  member 
or  members  from  two  thirds  of  the  states,  and  a  majority  of  all  the  states  shall  be 
necessary  to  a  choice.  In  every  case,  after  the  choice  of  the  president,  the  person 
having  the  greatest  number  of  votes  of  the  electors  shall  be  the  vice-president.  But 
if  there  should  remain  two  or  more  who  have  equal  votes,  the  senate  shall  choose  from 
them  by  ballot  the  vice-president.]  [This  paragraph  is  superseded  by  article  XTT  of 
the  Amendments  to  the  Constitution,  post  p.  xxvi.] 

The  congress  may  determine  the  time  of  choosing  the  electors  and  the  day  on  which 
they  shall  give  their  votes;  which  day  shall  be  the  same  throughout  the  United  States. 

No  person  except  a  natural-born  citizen,  or  a  citizen  of  the  United  States,  at  the  time 
of  the  adoption  of  this  constitution,  shall  be  eligible  to  the  office  of  president;  neither 
shall  any  person  be  eligible  to  that  office  who  shall  not  have  attained  to  the  age  of 
thirty-five  years,  and  been  fourteen  years  a  resident  within  the  United  States. 

In  case  of  the  removal  of  the  president  from  office,  or  of  his  death,  resignation,  or 
inability  to  discharge  the  powers  and  duties  of  the  said  office,  the  same  shall  devolve 
on  the  vice-president,  and  the  congress  may  by  law  provide  for  the  case  of  removal, 
death,  resignation,  or  inability,  both  of  the  president  and  vice-president,  declaring  what 
officer  shall  then  act  as  president,  and  such  officer  shall  act  accordingly,  until  dis^ 
ability  be  removed,  or  a  president  shall  be  elected. 

The  president  shall,  at  stated  times,  receive  for  his  services,  a  compensation,  which 
shall  neither  be  increased  nor  diminished  during  the  period  for  which  he  shall  have 
been  elected,  and  he  shall  not  receive  within  that  period  any  other  emolument  from  the 
United  States,  or  any  of  them. 

Before  he  enter  on  the  execution  of  his  office,  he  shall  take  the  following  oath  or 
affirmation: — "I  do  solemnly  swear  (or  affirm)  that  I  will  faithfully  execute  the  office 
of  president  of  the  United  States,  and  will  to  the  best  of  my  ability,  preserve,  protect 
and  defend  the  constitution  of  the  United  States." 

$  2.  The  president  shall  be  commander-in-chief  of  the  army  and  navy  of  the  United 
States,  and  of  the  militia  of  the  several  states,  when  called  into  the  actual  sersnce  of 
the  United  States;  he  may  require  the  opinion,  in  writing,  of  the  principal  officer  in 
each  of  the  executive  departments,  upon  any  subject  relating  to  the  duties  of  their 
respective  offices,  and  he  shall  have  power  to  grant  reprieves  and  pardon  for  offenses 
against  the  United  States,  except  in  cases  of  impeachment. 

He  shall  have  power,  by  and  with  the  advice  and  consent  of  the  senate,  to  make 
treaties,  provided  two  thirds  of  the  senators  present  concur;  and  he  shall  nominate, 
and  by  and  with  the  advice  and  consent  of  the  senate,  shall  appoint  ambassadors,  other 
public  ministers  and  consuls,  judges  of  the  supreme  court,  and  all  other  officers  of  the 
United  States,  whose  appointment  are  not  herein  otherwise  provided  for,  and  which 
shall  be  established  by  law;  but  the  congress  may  by  law  vest  the  appointment  of  such 

(  XXV  ) 


CONSTITUTION   OP  THE   UNITED   STATES — 1787. 

inferior  officers,  as  they  think  proper,  in  the  president  alone,  in  the  courts  of  law,  or  in 
the  heads  of  departments. 

The  president  shall  have  power  to  fill  up  all  vacancies  that  may  happen  during  the 
recess  of  the  senate,  by  granting  commissions  which  shall  expire  at  the  end  of  their 
next  session. 

§  3.  He  shall  from  time  to  time  give  to  the  congress  information  of  the  state  of  the 
Union,  and  recommend  to  their  consideration  such  measures  as  he  shall  judge  necessary 
and  expedient;  he  maj',  on  extraordinary  occasions,  convene  both  houses,  or  either  of 
them,  and  in  case  of  disagreement  between  them,  with  respect  to  the  time  of  adjourn- 
ment, he  may  adjourn  them  to  such  time  as  he  shall  think  proper;  he  shall  receive 
ambassadors  and  other  public  ministers;  he  shall  take  care  that  the  laws  be  faithfully 
executed,  and  shall  commission  all  the  officers  of  the  United  States. 

§  4.  The  president,  vice-president  and  all  civil  officers  of  the  United  States,  shall  be 
removed  from  office  on  impeachment  for,  and  conviction  of,  treason,  bribery,  or  other 
high  crimes  and  misdemeanors. 

ARTICLE  in. 

§  1.  The  judicial  power  of  the  United  States  shall  be  vested  in  one  supreme  court, 
and  in  such  inferior  courts  as  the  congress  may  from  time  to  time  ordain  and  estab- 
lish. The  judges,  both  of  the  supreme  and  inferior  courts,  shall  hold  their  offices  during 
good  behavior,  and  shall,  at  stated  times,  receive  for  their  services  a  compensation 
which  shall  not  be  diminished  during  their  continuance  in  office. 

$  2,  The  judicial  power  shall  extend  to  all  cases,  in  law  and  equity,  arising  under 
this  constitution,  the  laws  of  the  United  States,  and  treaties  made,  or  which  shall  be 
made,  under  their  authority; — to  all  cases  affecting  ambassadors,  other  public  ministers, 
and  counsels; — to  all  cases  of  admiralty  and  maritime  jurisdiction; — to  controversies 
to  which  the  United  States  shall  be  a  party; — to  controversies  between  two  or  more 
state; — between  a  state  and  citizens  of  another  state; — between  citizens  of  different 
state, — between  citizens  of  the  same  state  claiming  lands  under  grants  of  different 
states,  and  between  a  state,  or  the  citizens  thereof,  and  foreign  states,  citizens  or 
subjects. 

In  all  cases  affecting  ambassadors,  other  public  ministers  and  consuls,  and  those  in 
which  a  state  shall  be  party,  the  supreme  court  shall  have  original  jurisdiction.  In  all 
the  other  cases  before  mentioned,  the  supreme  court  shall  have  appellate  jurisdiction, 
both  as  to  law  and  fact,  with  such  exceptions,  and  under  such  regulations  as  the  con- 
gress shall  make. 

The  trial  of  all  crimes,  except  in  cases  of  impeachment,  shall  be  by  jury;  and  such 
trial  shall  be  held  in  the  state  where  the  said  crime  shall  have  been  committed;  but 
when  not  committed  within  any  state,  the  trial  shall  be  at  such  place  or  places  as  the 
congress  may  by  law  have  directed. 

§  3.  Treason  against  the  United  States  shall  consist  only  in  levying  war  against 
them  or  in  adhering  to  their  enemies,  giving  them  aid  and  comfort.  No  person  shall  be 
convicted  of  treason  unless  on  the  testimony  of  two  witnesses  to  the  same  overt  act,  or 
on  confession  in  open  court. 

The  congress  shall  have  power  to  declare  the  punishment  of  treason,  but  no  attainder 
of  treason  shall  work  corruption  of  blood,  or  forfeiture  except  during  the  life  of  the 
person  attainted 

ARTICLE  IV. 

§  1.  Full  faith  and  credit  shall  be  given  in  each  state  to  the  public  acts,  records, 
and  judicial  proceedings  of  every  other  state.  And  the  congress  may  by  general  law3 
prescribe  the  manner  in  which  such  acts,  records  and  proceedings  shall  be  proved, 
and  the  effect  thereof. 

(  xxvi  ) 


CONSTITUTION   OF  THE   UNITED   STATES — 1787. 

$  2.  The  citizens  of  each  state  shall  be  entitled  to  all  privileges  and  immunities  of 
citizens  in  the  several  states. 

A  person  charged  in  any  state  with  treason,  felony,  or  other  crime,  who  shall  flee  from 
justice,  and  be  found  in  another  state,  shall,  on  demand  of  the  executive  authority  of 
the  state  from  which  he  fled,  be  delivered  up  to  be  removed  to  the  state  having  juris- 
diction of  the  crime. 

No  person  held  to  service  or  labor  in  one  state,  under  the  laws  thereof,  escaping  into 
another,  shall,  in  consequence  of  any  law  or  regulation  therein,  be  discharged  from 
such  service  or  labor,  but  shall  be  delivered  up  on  claim  of  the  party  to  whom  such 
service  or  labor  may  be  due. 

$  3,  New  states  may  be  admitted  by  the  congress  into  this  Union;  but  no  new  state 
shall  be  formed  or  erected  within  the  jurisdiction  of  any  other  state;  nor  any  state  be 
formed  by  the  junction  of  two  or  more  states,  or  parts  of  states,  without  the  consent 
of  the  legislatures  of  the  states  concerned  as  well  as  of  the  congress. 

The  congress  shall  have  power  to  dispose  of  and  make  all  needful  rules  and  regula- 
tions respecting  the  territory  or  other  property  belonging  to  the  United  States;  and 
nothing  in  this  constitution  shall  be  so  construed  as  to  prejudice  any  claims  of  the 
United  States,  or  of  any  particular  state. 

$  4.  The  United  States  shall  guarantee  to  every  state  in  this  Union  a  republican  form 
of  government,  and  shall  protect  each  of  them  against  invasion;  and  on  application  of 
the  legislature,  or  of  the  executive  (when  the  legislature  can  not  be  convened)  against 
domestic  violence. 

ARTICLE  V. 

The  congress,  whenever  two  thirds  of  both  houses  shall  deem  it  necessary,  shall 
propose  amendments  to  this  constitution,  or,  on  the  application  of  the  legislatures  of 
two  thirds  of  the  several  states,  shall  call  a  convention  for  proposing  amendments, 
which,  in  either  case,  shall  be  valid  to  all  intents  and  purposes,  as  part  of  this  con- 
stitution, when  ratified  by  the  legislatures  of  three  fourths  of  the  several  states,  or  by 
conventions  in  three  fourths  thereof,  as  the  one  or  the  other  mode  of  ratification  may 
be  proposed  by  the  congress;  provided  that  no  amendment  which  may  be  made  prior 
to  the  year  one  thousand  eight  hundred  and  eight  shall  in  any  manner  affect  the 
first  and  fourth  clauses  in  the  ninth  section  of  the  first  article;  and  that  no  state,  with- 
out its  consent,  shall  be  deprived  of  its  equal  suffrage  in  the  senate. 

ARTICLE  VI. 

All  debts  contracted  and  engagements  entered  into,  before  the  adoption  of  this  con- 
stitution, shall  be  as  valid  against  the  United  States  under  this  constitution,  as  under 
the  confederation. 

This  constitution,  and  the  laws  of  the  United  States  which  shall  be  made  in  pursuance 
thereof;  and  all  treaties  made,  or  which  shall  be  made,  under  the  authority  of  the  United 
States,  shall  be  the  supreme  law  of  the  land;  and  the  judges  in  every  state  shall  be 
bound  thereby,  anything  in  the  constitution  or  laws  of  any  state  to  the  contrary  not- 
withstanding. 

The  senators  and  representatives  before  mentioned,  and  the  members  of  the  several 
state  legislatures,  and  all  executive  and  judicial  officers,  both  of  the  United  States  and 
of  the  several  states,  shall  be  bound  by  oath  or  affirmation,  to  support  this  constitution; 
but  no  religious  test  shall  ever  be  required  as  a  qualification  to  any  office  or  public  trust 
under  the  United  States. 


(  xxvll  ) 


CONSTITUTION   OF  THE  UNITED   STATES — 1787. 

ARTICLE  VII. 
RATIFICATION  OF  CONSTITUTION. 

The  ratification  of  the  conventions  of  nine  states  shall  be  sufficient  for  the  establish- 
ment of  this  constitution  between  the  states  so  ratifjdng  the  same. 
Done  in  convention  by  the  unanimous  consent  of  the  states  present  the  seventeenth  day 

of  September  in  the  year  of  our  Lord  one  thousand  seven  hundred  and  eighty-seven, 

and  of  the  independence  of  the  United  States  of  America  the  twelfth.     In  witness 

whereof  we  have  hereunto  subscribed  our  names. 

GEO.  WASHINGTON, 
President  and  Deputy  from  Virginia. 

New  Hampshire — John  Langdon,  Nicholas  Oilman. 

Massachusetts — Nathaniel  Gorham,  Rufus  King. 

Connecticut — William  Samuel  Johnson,  Roger  Sherman. 

New  York — Alexander  Hamilton, 

New  Jersey — William  Livingston,  David  Brearley,  William  Paterson,  Jonathan 
Dayton. 

Pennsylvania — Benjamin  Franklin,  Thomas  Mifflin,  Robert  Morris,  George  Clymer, 
Thomas  Fitzsimons,  Jared  Ingersoll,  James  Wilson,  Gouverneur  Morris. 

Delaware — George  Read,  Gunning  Bedford,  Jr.,  John  Dickinson,  Richard  Bassett, 
Jacob  Broom. 

Maryland — Jame  McHenry,  Daniel  St.  Tho.  Jenifer,  Daniel  Carroll. 

Virginia — John  Blair,  James  Madison,  Jr. 

North  Carolina — William  Blount,  Richard  Dobbs  Spaight,  Hugh  Williamson. 

South  Carolina— John  Rutledge,  Charles  C.  Pinckney,  Charles  Pinekney,  Pierce 
Butler. 

Georgia — William  Few,  Abraham  Baldwin. 

Attest:— WILLIAM  JACKSON,  Secretary. 

AMENDMENTS. 

To  the  Constitution  of  the  United  States,  Ratified  According  to  the  Provisions  of  the 
Fifth  Article  of  the  Foregoing  Constitution. 

ARTICLE  I. 

Congress  shall  make  no  law  respecting  an  establishment  of  religion,  or  prohibiting  the 
free  exercise  thereof;  or  abriding  the  freedom  of  speech,  or  of  the  press;  or  the  right 
of  the  people  peaceably  to  assemble,  and  to  petition  the  government  for  a  redress  of 
grievances.  [Amendment,  proposed  25th  September,  1789;  ratified  15th  December, 
1791.] 

ARTICLE  II. 

A  well-guarded  militia,  being  necessary  to  the  security  of  a  free  state,  the  right  of 
the  people  to  keep  and  bear  arms  shall  not  be  infringed,  [Amendment,  proposed  25th 
September,  1789;  ratified  15th  December,  1791.] 

ARTICLE  in. 

No  soldier  shall,  in  time  of  peace  be  quartered  in  any  house,  without  the  consent  of 
the  owner,  nor  in  time  of  war  but  in  a  manner  to  be  prescribed  by  law.  [Amendment, 
proposed  25th  September,  1789;  ratified  15th  December,  1791.] 

ARTICLE  IV. 

The  right  of  the  people  to  be  secure  in  their  persons,  houses,  papers,  and  effects, 
af^'ainst  unreasonable  searches  and  seizures,  shall  not  be  violated,  and  no  warrants  shall 

(  xxviii  ) 


CONSTITUTION    OF  THE   UNITED   STATES — 1787. 

issue,  but  upon  probable  cause,  supported  by  oath  or  aflBrmation,  and  particularly 
describing  the  place  to  be  searched,  and  the  person  or  things  to  be  seized.  [Amend- 
ment^ proposed  25th  September,  1789;  ratified  15th  December,  1791.] 

ARTICLE  V. 

No  person  shall  be  held  to  answer  for  a  capital,  or  otherwise  infamous  crime,  unless 
on  a  presentment  or  indictment  of  a  grand  jury,  except  in  cases  arising  in  the  land  or 
naval  forces,  or  in  the  militia,  when  in  actual  service  in  time  of  war  or  public  danger; 
nor  shall  any  person  be  subject  for  the  same  offense  to  be  twice  put  in  jeopardy  of  life 
or  limb;  nor  shall  be  comi^elled  in  any  criminal  case  to  be  a  witness  against  himself, 
nor  be  deprived  of  life,  liberty,  or  propertj-^,  without  due  process  of  law;  nor  shall 
private  property  be  taken  for  public  use,  without  just  compensation.  [Amendment, 
proposed  25th  September,  1789;  ratified  15th  December,  1791.] 

ARTICLE  VI. 

In  all  criminal  prosecutions,  the  accused  shall  enjoy  the  right  to  a  speedy  and  public 
trial,  by  an  impartial  jury  of  the  state  and  district  wherein  the  crime  shall  have  been 
committed,  which  district  shall  have  been  previously  ascertained  by  law,  and  to  be 
informed  of  the  nature  and  cause  of  the  accusation;  to  be  confronted  with  the  witnesses 
against  him;  to  have  compulsory  process  for  obtaining  witnesses  in  his  favor,  and  to 
have  the  assistance  of  counsel  for  his  defense.  [Amendment,  proposed  25th  September, 
1789;  ratified  15th  December,  1791.] 

ARTICLE  VIL 

In  suits  at  common  law,  where  the  value  in  controversy  shall  exceed  twenty  dollars, 
the  right  of  trial  by  jury  shall  be  preserved,  and  no  fact  tried  by  a  jury  shall  be  other- 
wise re-examined  in  any  court  of  the  United  States,  than  according  to  the  rules  of  the 
common  law.  [Amendment,  proposed  25th  September,  1789;  ratified  15th  December, 
1791.] 

ARTICLE  Vin. 

Excessive  bail  shall  not  be  required,  nor  excessive  fines  imposed,  nor  cruel  and 
unusual  punishments  inflicted.  [Amendment,  proposed  25th  September,  1789;  ratified 
15th  December,  1791.] 

ARTICLE  IX. 

The  enumeration  in  the  constitution,  of  certain  rights,  shall  not  be  construed  to  deny 
or  disparage  others  retained  by  the  people.  [Amendment,  proposed  25th  September, 
1789;  ratified  15th  September,  1791.] 

ARTICLE  X. 

The  powers  not  delegated  to  the  United  States  by  the  constitution,  nor  prohibited  by 
it  to  the  states,  are  reserved  to  these  states  respectively,  or  to  the  people.  [Amendment, 
proposed  25th  September,  1789;  ratified  15th  December,  1791.] 

ARTICLE  XL 

The  judicial  power  of  the  United  States  shall  not  be  construed  to  extend  to  any  suit 
in  law  or  equity,  commenced  or  prosecuted  against  one  of  the  United  States  by  citizens 
of  another  state,  or  by  citizens  or  subjects  of  any  foreign  state.  [Amendment,  proposed 
5th  March,  1794;  ratified  8th  January,  1798.] 

ARTICLE  Xn. 

The  electors  shall  meet  in  their  respective  states,  and  vote  by  ballot  for  president  and 
vice-president,  one  of  whom,  at  least,  shall  not  be  an  inhabitant  of  the  same  state  willi 

{  xxlx  ) 


CONSTITUTION    OF  THK   I MTED   STATES— 1787. 

themselves;  they  shall  name  in  their  ballots  the  person  voted  for  as  president,  and  in 
distinct  ballots  the  person  voted  for  as  vice-president,  and  they  shall  make  distinct  lists 
of  all  persons  voted  for  as  president,  and  of  all  persons  voted  for  as  vice-president, 
and  of  the  number  of  votes  for  each,  which  lists  they  shall  sign  and  certify,  and  trans- 
mit sealed  to  the  seat  of  government  of  the  United  States,  directed  to  the  president  of 
the  senate;—  the  president  of  the  senate  shall,  in  presence  of  the  senate  and  house 
of  representatives,  open  all  the  certificates  and  the  votes  shall  then  be  counted; — the 
person  having  the  greatest  number  of  votes  for  president  shall  be  the  president,  if  such 
number  be  a  majority  of  the  whole  number  of  electors  appointed ;  and  if  no  person  have 
such  majority,  then  from  the  persons  having  the  highest  numbers,  not  exceeding  three 
on  the  list  of  those  voted  for  as  president,  the  house  of  representatives  shall  choose 
immediately,  by  ballot,  the  president.  But  in  choosing  the  president,  the  votes  shall  be 
taken  by  states,  the  representation  from  each  state  having  one  vote;  a  quorum  for  this 
purpose  shall  consist  of  a  member  or  members  from  two  thirds  of  the  states,  and  a 
majority  of  all  the  states  shall  be  necessary  to  a  choice.  And  if  the  house  of  repre- 
sentatives shall  not  choose  a  president  whenever  the  right  of  choice  shall  devolve  upon 
them,  before  the  fourth  day  of  March  next  following,  then  the  vice-president  shall  act  as 
president,  as  in  the  case  of  the  death  or  other  constitutional  disability  of  the  president. 

The  person  having  the  greatest  number  of  votes  as  vice  president,  shall  be  the  vice- 
president,  if  such  number  be  a  majority  of  the  whole  number  of  electors  appointed ;  and 
if  no  person  have  a  majority,  then  from  the  two  highest  numbers  on  the  list,  the  senate 
shall  choose  the  vice-president ;  a  quorum  for  the  purpose  shall  consist  of  two  thirds  of 
the  whole  number  of  senators,  and  a  majority  of  the  whole  number  shall  be  necessary 
to  a  choice. 

But  no  person  constitutionally  ineligible  to  the  office  of  president  shall  be  eligible  to 
that  of  vice-president  of  the  United  States.  [Amendment,  proposed  12th  December, 
1803;  ratified  5th  September,  1804.] 

ARTICLE  XIII. 

^  1.  Neither  slavery  nor  involuntary  servitude,  except  as  a  punishment  for  crime 
whereof  the  party  shall  have  been  duly  convicted,  shall  exist  within  the  United  States, 
or  any  place  subject  to  their  jurisdiction. 

$2.  Congress  shall  have  power  to  enforce  this  article  by  appropriate  legislation. 
[Proposed  1st  February,  1865;  ratification  declared  December  18,  1865.] 

ARTICLE  XIV. 

5  1.  All  persons  born  or  naturalized  in  the  United  States,  and  subject  to  the  jurisdic- 
tion thereof,  are  citizens  of  the  United  States  and  of  the  state  wherein  they  reside. 
No  state  shall  make  or  enforce  any  law  which  shall  abridge  the  privileges  or  immunities 
of  citizens  of  the  United  States;  nor  shall  any  state  deprive  any  person  of  life,  liberty, 
or  property,  without  a  due  process  of  law ;  nor  deny  to  any  person  within  its  jurisdiction 
the  equal  protection  of  the  laws. 

§  2.  Representatives  shall  be  apportioned  among  the  several  states  according  to  their 
respective  numbers,  counting  the  whole  number  of  persons  in  each  state,  excluding 
Indians  not  taxed.  But  when  the  right  to  vote  at  any  election  for  the  choice  of  electors 
for  president  and  vice-president  of  the  United  States,  representatives  in  congress,  the 
executive  and  judicial  officers  of  a  state  or  the  members  of  the  legislature  thereof,  is 
denied  to  any  of  the  male  inhabitants  of  such  state,  being  twenty-one  years  of  age,  and 
citizens  of  the  United  States,  or  in  any  way  abridge,  except  for  participation  in  rebel- 
lion or  other  crime,  the  basis  of  representation  therein  shall  be  reduced  in  the  propor- 
tion which  the  number  of  such  male  citizens  shall  bear  to  the  whole  number  of  male 
citizens  twenty-one  years  of  age  in  such  state. 

(XXX   ) 


COIVSTITUTIOX    OF  THE   IXITED   STATES — 1787. 

$  3.  No  person  shall  be  a  senator  or  representative  in  congress,  or  elector  of  presi- 
dent and  vice-president,  or  hold  any  oflSce,  civil  or  military,  under  the  United  States, 
or  under  any  state,  who,  having  previously  taken  an  oath,  as  a  member  of  congress,  or 
as  an  oflBcer  of  the  United  States,  or  as  a  member  of  any  state  legislature,  or  as  an 
executive  or  judicial  officer  of  any  state,  to  support  the  constitution  of  the  United  States, 
shall  have  been  engaged  in  insurrection  or  rebellion  against  the  same,  or  given  aid  or 
comfort  to  the  enemies  thereof.  But  congress  may,  by  a  vote  of  two  thirds  of  each 
house,  remove  such  disability. 

$  4.  The  validity  of  the  public  debt  of  the  United  States,  authorized  by  law,  includ- 
ing debts  incurred  for  payment  of  pensions  and  bounties  for  services  in  suppressing 
insurrection  or  rebellion,  shall  not  be  questioned.  But  neither  the  United  States  nor 
any  state  shall  assume  or  pay  any  debt  or  obligation  incurred  in  aid  of  insurrection  or 
rebellion  against  the  United  States,  or  any  claim  for  the  loss  or  emancipation  of  any 
slave;  but  all  such  debts,  obligations  and  claims  shall  be  held  illegal  and  void. 

$  5.  The  congress  shall  have  power  to  enforce,  by  appropriate  legislation,  the  provi- 
sions of  this  article.     [Proposed  16th  June,  1866;  ratification  declared  21st  July,  1868.] 

ARTICLE  XV. 

$  1.  The  right  of  citizens  of  the  United  States  to  vote  shall  not  be  denied  or  abridged 
by  the  United  States  or  by  any  state  on  account  of  race,  color,  or  previous  condition 
of  servitude. 

$  2.  The  congress  shall  have  power  to  enforce  this  article  by  appropriate  legislation. 
[Proposed  27th  February,  1869;  declared  ratified  30th  March,  1870.] 

ARTICLE  XVI. 

Congress  shall  have  power  to  lay  and  collect  taxes  on  incomes  from  whatever  source 
derived  without  apportionment  among  the  several  states  and  without  regard  to  census 
enumeration.     [Ratified  in  1913.] 

ARTICLE  XVIL 

Bee  paragraph  one  of  Article  I,  §  3,  ante. 

ARTICLE  XVIII. 

$  1.  After  one  year  from  the  ratification  of  this  article  the  manufacture,  sale,  or 
transportation  of  intoxicating  liquors  within,  the  importation  thereof  into,  or  the  expor- 
tation thereof  from  the  United  States  and  all  territory  subject  to  the  jurisdiction  thereof 
for  beverage  purposes  is  hereby  prohibited. 

$  2.  The  congress  and  the  several  states  shall  have  concurrent  power  to  enforce  this 
article  by  appropriate  legislation. 

$  3.  This  article  shall  be  inoperative  unless  it  shall  have  been  ratified  as  an  amend- 
mtnt  to  the  constitution  by  the  legislatures  of  the  several  states  as  provided  in  the 
constitution,  within  seven  years  from  the  date  of  the  submission  hereof  to  the  states  by 
the  congress.     [Ratification  proclaimed  January  16,  1919.] 

ARTICLE  XIX. 

Ihe  right  of  citizens  of  the  United  States  to  vote  shall  not  be  denied  or  abridged  by 
the  United  States  or  any  state  on  account  of  sex.  Congress  shall  have  power  to  enforce 
this  article  by  appropriate  legislation.     [Ratification  proclaimed  August  26,  1920.] 


(xxxi  ) 


CONSTITUTION  OF  THE  STATE  OF  CALIFORNIA 

PREAMBLE  AND  DECLARATION  OF  RIGHTS. 

PEEAMBLE. 
We,  the  people  of  the  state  of  California,  grateful  to  Almighty  God  for  onr  freedom, 
in  order  to  secure  and  perpetuate  its  blessings,  do  establish  this  Constitution. 

ARTICLE  L 
DECLARATION  OF  RIGHTS. 

Section  1.  All  men  are  by  nature  free  and  independent,  and  have  certain  inalienable 
rights,  among  which  are  those  of  enjoying  and  defending  life  and  liberty;  acquiring, 
possessing,  and  protecting  property;  and  pursuing  and  obtaining  safety  and  happiness. 

See.  2.  All  political  power  is  inherent  in  the  people.  Government  is  instituted 
for  the  protection,  security,  and  benefit  of  the  people,  and  they  have  the  right  to  alter 
or  reform  the  same  whenever  the  public  good  may  require  it. 

Sec.  3.  The  state  of  California  is  an  inseparable  part  of  the  American  Union, 
and  the  Constitution  of  the  United  States  is  the  supreme  law  of  the  land. 

Sec.  4.  The  free  exercise  and  enjoyment  of  religious  profession  and  worship, 
without  discrimination  or  preference,  shall  forever  be  guaranteed  in  this  state ;  and  no 
person  shall  be  rendered  incompetent  to  be  a  witness  or  juror  on  account  of  his 
opinions  on  matters  of  religious  belief;  but  the  liberty  of  conscience  hereby  secured 
shall  not  be  so  construed  as  to  excuse  acts  of  licentiousness,  or  justify  practices  incon- 
sistent with  the  peace  or  safety  of  this  state. 

Sec.  5.  The  privilege  of  the  writ  of  habeas  corpus  shall  not  be  suspended  unless 
when,  in  cases  of  rebellion  or  invasion,  the  public  safety  may  require  its  suspension. 

Sec.  6.  All  persons  shall  be  bailable  by  suflScient  sureties,  unless  for  capital 
offenses  when  the  proof  is  evident  or  the  presumption  great.  Excessive  bail  shall  not 
be  required,  nor  excessive  fines  imj^osed;  nor  shall  cruel  or  unusual  punishments  be 
inflicted.  Witnesses  shall  not  be  unreasonably  detained,  nor  confined  in  any  room 
where  criminals  are  actually  imprisoned. 

Sec.  7.  The  right  of  trial  by  jury  shall  be  secured  to  all,  and  remain  inviolate; 
but  in  civil  actions  three-fourths  of  the  jury  may  render  a  verdict.  A  trial  by  jury 
may  be  waived  in  all  criminal  cases  not  amounting  to  felony,  by  the  consent  of  both 
parties,  expressed  in  open  court,  and  in  civil  actions  by  the  consent  of  the  parties, 
signified  in  such  manner  as  may  be  prescribed  by  law.  In  civil  actions  and  cases  of 
misdemeanor,  the  jury  may  consist  of  twelve,  or  of  any  number  less  than  twelve  upon 
which  the  parties  may  agree  in  open  court. 

Sec.  8.  Offenses  heretofore  required  to  be  prosecuted  by  indictment  shall  be 
prosecuted  by  information,  after  examination  and  commitment  by  a  magistrate,  or  by 
indictment,  with  or  without  such  examination  and  commitment,  as  may  be  prescribed 
by  law.    A  grand  jury  shall  be  drawn  and  summoned  at  least  once  a  year  in  each  county. 

Sec.  9.  Ever}'  citizen  may  freely  speak,  write,  and  publish  his  sentiments  on  all 
subjects,  being  responsible  for  the  abuse  of  that  right;  and  no  law  shall  be  passed  to 
restrain  or  abridge  the  liberty  of  speech  or  of  the  press.  In  all  criminal  prosecutions 
for  libels,  the  truth  may  be  given  in  evidence  to  the  jury;  and  if  it  shall  appear  to  the 
jury  that  the  matter  charged  as  libelous  is  true,  and  was  published  with  good  motives, 
and  for  justifiable  ends,  the  party  shall  be  acquitted;  and  the  jurj'  shall  have  the  right 

(  xxxii  ) 


CONSTITUTION    OF    THE    STATE    OF    CALIFORNIA. 

to  determine  the  law  and  the  fact.  Indictments  found,  or  information  laid,  for  publi- 
cations in  newspapers,  shall  be  tried  in  the  county  where  such  newspapers  have  their 
publication  office,  or  in  the  county  where  the  party  alleged  to  be  libeled  resided  at  the 
time  of  the  alleged  publication,  unless  the  place  of  trial  shall  be  changed  for  good 
cause. 

Sec.  10.  The  people  shall  have  the  right  to  freely  assemble  together  to  consult 
for  the  common  good,  to  instruct  their  representatives,  and  to  petition  the  legislature 
for  redress  of  grievances. 

Sec.  11.     All  laws  of  a  general  nature  shall  have  a  uniform  operation. 

See.  12.  The  military  shall  be  subordinate  to  the  civil  power.  No  standing  army 
shall  be  kept  up  by  this  state  in  time  of  peace,  and  no  soldier  shall,  in  time  of  peace,  be 
quartered  in  any  house  without  the  consent  of  the  owner;  nor  in  time  of  war, 'except 
in  the  manner  prescribed  by  law. 

Sec.  13.  In  criminal  prosecutions,  in  any  court  whatever,  the  party  accused  shall 
have  the  right  to  a  speedy  and  public  trial;  to  have  the  process  of  the  court  to  compel 
the  attendance  of  witnesses  in  his  behalf,  and  to  apjDear  and  defend,  in  person  and  with 
counsel.  No  person  shall  be  twice  put  in  jeoiDardy  for  the  same  offense;  nor  be  com- 
pelled, in  any  criminal  case,  to  be  a  witness  against  himself;  nor  be  deprived  of  life, 
liberty  or  property  without  due  process  of  law.  The  legislature  shall  have  power  to 
provide  for  the  taking,  in  the  presence  of  the  party  accused  and  his  counsel,  of  depo- 
sitions of  witnesses,  in  criminal  eases  other  than  eases  of  homicide,  when  there  is  reason 
to  believe  that  the  witness,  from  inability  or  other  cause,  will  not  attend  at  the  trial. 

Sec.  14.  Private  jiroperty  shall  not  be  taken  or  damaged  for  public  use  without 
just  compensation  having  first  been  made  to,  or  paid  into  court  for,  the  owner,  and  no 
right  of  way  shall  be  appropriated  to  the  use  of  any  corporation,  except  a  municipal 
corporation  or  a  county,  until  full  compensation  therefor  be  first  made  in  money  or 
ascertained  and  paid  into  court  for  the  owner,  irrespective  of  any  benefits  from 
any  improvement  composed  bj'  such  corporation,  which  compensation  shall  be  ascer- 
tained by  a  jury,  unless  a  jury  be  waived,  as  in  other  civil  cases  in  a  court  of  rec- 
ord, as  shall  be  prescribed  by  law;  provided,  that  in  an  action  in  eminent  domain 
brought  by  the  state,  or  a  county,  or  a  municipal  corporation,  or  a  drainage,  irrigation, 
levee,  or  reclamation  district,  the  aforesaid  state  or  political  subdivision  thereof  or  dis- 
trict may  take  immediate  possession  and  use  of  any  right  of  way  required  for  a  public 
use  whether  the  fee  thereof  or  an  easement  therefor  be  sought  upon  first  commencing 
eminent  domain  proceedings  according  to  law  in  a  court  of  competent  jurisdiction  and 
thereupon  giving  such  security  in  the  way  of  money  deposits  as  the  court  in  which  such 
proceedings  are  pending  may  direct,  and  in  such  amounts  as  the  court  may  determine 
to  be  reasonably  adequate  to  secure  to  the  owner  of  the  property  sought  to  be  taken 
immediate  payment  of  just  compensation  for  such  taking  and  any  damage  incident 
thereto,  including  damages  sustained  by  reason  of  an  adjudication  that  there  is  no 
necessity  for  taking  the  property,  as  soon  as  the  same  can  be  ascertained  according  to 
law.  The  court  may,  upon  motion  of  any  party  to  said  eminent  domain  proceedings, 
after  such  notice  to  the  other  parties  as  the  court  may  prescribe,  alter  the  amount  of 
such  security  so  required  in  such  proceedings.  The  taking  of  private  property  for  a 
railroad  run  by  steam  or  electric  power  for  logging  or  lumbering  purposes  shall  be 
deemed  a  taking  for  a  public  use,  and  any  person,  firm,  company  or  corporation  taking 
private  property  under  the  law  of  eminent  domain  for  such  purposes  shall  there- 
upon and  thereby  become  a  common  carrier.     [Amendment  adopted  November  5,  1918.] 

Sec.  15.  No  person  shall  be  imprisoned  for  debt  in  any  civil  action,  on  mesne 
or  final  process,  unless  in  cases  of  fraud,  nor  in  civil  actions  for  torts,  except  in 
cases  of  wilful  injury  to  person  or  property;  and  no  person  shall  be  imprisoned 
for  a  militia  fine  in  time  of  peace. 


CONSTITUTION    OF    THE    STATE    OF    CALIFORNIA. 

Sec.  16.  No  bill  of  attainder,  ex  post  facto  law,  or  law  impairing  the  obligations 
of  contracts,  shall  ever  be  passed. 

Sec.  17.  Foreigners,  of  the  white  race,  or  of  African  descent,  eligible  to 
become  citizens  of  the  United  States  under  the  naturalization  laws  thereof,  while 
bona  fide  residents  of  this  state,  shall  have  the  same  rights  in  respect  to  the  acqui- 
sition, possession,  enjoyment,  transmission,  and  inheritance  of  all  property,  other 
than  real  estate,  as  native  born  citizens;  provided,  that  such  aliens  owning  real 
estate  at  the  time  of  the  adoption  of  this  amendment  may  remain  such  owners; 
and  provided,  further,  that  the  legislature  may,  by  statute,  provide  for  the  dispo- 
sition of  real  estate  which  shall  hereafter  be  acquired  by  such  aliens  by  descent  or 
devise.     [Amendment  adopted  November  6,  1894.] 

Sec.  18.  Neither  slavery  nor,  involuntary  servitude,  unless  for  the  punishment 
of  crime,  shall  ever  be  tolerated  in  this  state. 

Sec.  19.  The  right  of  the  people  to  be  secure  in  their  persons,  houses,  papers 
and  effects,  against  unreasonable  seizures  and  searches,  shall  not  be  violated;  and 
no  warrant  shall  issue  but  on  probable  cause,  supported  by  oath  or  affirmation, 
particularly  describing  the  place  to  be  searched  and  the  person  and  things  to  be 
seized. 

Sec.  20.  Treason  against  the  state  shall  consist  only  in  levying  war  against  it, 
adhering  to  its  enemies,  or  giving  them  aid  and  comfort.  No  person  shall  be  con- 
victed of  treason  unless  on  the  evidence  of  two  witnesses  to  the  same  overt  act,  or  con- 
fession in  open  court. 

Sec.  21.  No  special  privileges  or  immunities  shall  ever  be  granted  which  may 
not  be  altered,  revoked,  or  repealed  by  the  legislature,  nor  shall  any  citizen,  or  class  of 
citizens,  be  granted  privileges  or  immunities  which,  upon  the  same  terms,  shall  not  be 
granted  to  all  citizens. 

Sec.  22.  The  provisions  of  this  Constitution  are  mandatory  and  prohibitory,  unless 
by  express  words  they  are  declared  to  be  otherwise. 

Sec.  23.  This  enumeration  of  rights  shall  not  be  construed  to  impair  or  deny 
others  retained  by  the  people. 

Sec.  24.  No  property  qualification  shall  ever  be  required  for  any  person  to  vote 
or  hold  office. 

Sec.  25.  The  people  shall  have  the  right  to  fish  upon  and  from  public  lands  of 
the  state  and  in  the  waters  thereof,  excepting  upon  lands  set  aside  for  fish  hatcheries, 
and  no  land  owned  by  the  state  shall  ever  be  sold  or  transferred  without  reserving  in 
the  people  the  absolute  right  to  fish  thereupon ;  and  no  law  shall  ever  be  passed  making 
it  a  crime  for  the  people  to  enter  upon  the  public  lands  within  this  state  for  the  pur- 
pose of  fishing  in  any  water  containing  fish  that  have  been  planted  therein  by  the 
state;  provided,  that  the  legislature  may  by  statute,  provide  for  the  season  when  and 
the  conditions  under  which  the  different  species  of  fish  may  be  taken.  [New  section 
adopted  November  8,  1910.] 

ARTICLE  n. 

EIGHT  OF  SUFFEAGE. 

Section  1.  Every  native  citizen  of  the  United  States,  every  person  who  shall  have 
acquired  the  rights  of  citizenship  under  or  by  virtue  of  the  treaty  of  Queretaro,  and 
every  naturalized  citizen  thereof,  who  shall  have  become  such  ninety  days  prior  to  any 
election,  of  the  age  of  twenty-one  years,  who  shall  have  been  resident  of  the  state  one 
year  next  preceding  the  election,  and  of  the  county  in  which  he  or  she  claims  his  or 
her  vote  ninety  days,  and  in  the  election  precinct  thirty  days,  shall  be  entitled  to  vote 

(  xxxiv  ) 


CONSTITUTION    OP    THE    STATE    OF    CALIFORNIA. 

at  all  elections  which  are  now  or  may  hereafter  be  authorized  by  law;  provided,  no 
native  of  China,  no  idiot,  no  insane  person,  no  person  convicted  of  any  infamous  crinie, 
no  person  hereafter  convicted  of  the  embezzlement  or  misappropriation  of  public  money, 
and  no  person  who  shall  not  be  able  to  read  the  Constitution  in  the  English  language 
and  write  his  or  her  name,  shall  ever  exercise  the  privileges  of  an  elector  in  this  state ; 
provided,  that  the  provisions  of  this  amendment  relative  to  an  educational  qualification 
shall  not  apply  to  any  person  prevented  by  a  physical  disability  from  complying  with 
its  requisitions,  nor  to  any  person  who  now  has  the  right  to  vote,  nor  to  any  person  who 
shall  be  sixty  years  of  age  and  upwards  at  the  time  this  amendment  shall  take  effect. 
[Amendment  adopted  October  10,  1911.] 

See.  2.  Electors  shall  in  all  cases,  except  treason,  felony,  or  breach  of  the  peace, 
be  privileged  from  arrest  on  the  days  of  election,  during  their  attendance  at  such  elec- 
tion, going  to  and  returning  therefrom. 

Sec.  2^^.  The  legislature  shall  have  the  power  to  enact  laws  relative  to  the  elec- 
tion of  delegates  to  conventions  of  political  parties;  and  the  legislature  shall  enact  laws 
providing  for  the  direct  nomination  of  candidates  for  public  office,  by  electors,  political 
parties,  or  organizations  of  electors  without  conventions,  at  elections  to  be  known  and 
designated  as  primary  elections;  also  to  determine  the  tests  and  conditions  upon  which 
electors,  political  parties,  or  organizations  of  electors  may  participate  in  any  such  pri- 
mary election.  It  shall  also  be  lawful  for  the  legislature  to  prescribe  that  any  such 
primary  election  shall  be  mandatory  and  obligatorj'.  The  legislature  shall  also  have  the 
power  to  establish  the  rates  of  compensation  for  primary  election  officers  serving  at 
such  primary  elections  in  any  city,  or  city  and  county,  or  county,  or  other  subdivision 
of  a  designated  population,  without  making  such  compensation  uniform,  and  for  such 
l)urpose  such  law  may  declare  the  population  of  any  city,  city  and  county,  county  or 
political  subdivision;  provided,  however,  that  until  the  legislature  shall  enact  a  direct 
primary  election  law  under  the  provisions  of  this  section,  the  present  primary  election 
law  shall  remain  in  force  and  effect.     [Amendment  adopted  November  3,  1911.] 

See.  3.  No  elector  shall  be  obliged  to  perform  militia  duty  on  the  day  of  election, 
except  in  time  of  war  or  public  danger. 

Sec.  4.  For  the  purpose  of  voting,  no  person  shall  be  deemed  to  have  gained  or 
lost  a  residence  by  reason  of  his  presence  or  absence  while  employed  in  the  service  of 
the  United  States;  nor  while  engaged  in  the  navigation  of  the  waters  of  this  state,  or 
of  the  United  States,  or  of  the  high  seas;  nor  while  a  student  at  any  seminary  of  learn- 
ing; nor  while  kept  in  any  almshouse  or  other  asylum,  at  public  expense;  nor  while  con- 
fined in  any  public' prison. 

Sec.  5.  All  elections  by  the  people  shall  be  by  ballot  or  by  such  other  method  as 
may  be  prescribed  by  law;  provided,  that  secrecy  in  voting  be  preserved.  [Amendment 
adopted  November  3,  1896.] 

Sec.  6.  The  inhibitions  of  this  constitution  to  the  contrary  notwithstanding,  the 
legislature  shall  have  power  to  provide  that  in  different  parts  of  the  state  different 
methods  may  be  employed  for  receiving  and  registering  the  will  of  the  people  as 
expressed  at  elections,  and  may  provide  that  mechanical  devices  may  be  used  within 
designated  subdivisions  of  the  state  at  the  option  of  the  local  authority  indicated  by 
the  legislature  for  that  purpose.     [New  section  adopted  November  4,  1902.] 

ARTICLE  III. 
DISTRIBUTION  OF  POWERS. 
Section  1.     The  powers  of  the  government  of  the  state  of  California  shall  be  divided 
into  three  separate  departments — the  legislative,  executive,  and  judicial;  and  no  person 

(  xxxv  ) 


CONSTITUTION    OF    THE    STATE    OF    CALIFORNIA. 

charged  with  the  exercise  of  powers  properly  belonging  to  one  of  these  departments 
shall  exercise  any  functions  appertaining  to  either  of  the  other,  except  as  in  this  Con- 
stitution expressly  directed  or  permitted. 

ARTICLE  IV. 
LEGISLATIVB  DEPARTMENT. 

Section  1.  The  legislative  power  of  this  state  shall  be  vested  in  a  senate  and 
assembly  which  shall  be  designated  "The  Legislature  of  the  State  of  California,"  but 
the  people  reserve  to  themselves  the  power  to  propose  laws  and  amendments  to  the 
Constitution,  and  to  adopt  or  reject  the  same,  at  the  polls  independent  of  the  legisla- 
ture, and  also  reserve  the  power,  at  their  own  option,  to  so  adopt  or  reject  any  act,  or 
section  or  part  of  any  act,  passed  by  the  legislature.  The  enacting  clause  of  every  law 
shall  be  ''The  People  of  the  State  of  California  do  enact  as  follows:" 

The  first  power  reserved  to  the  people  shall  be  known  as  the  initiative.  Upon  the 
presentation  to  the  secretary  of  state  of  a  petition  certified  as  herein  provided  to  have 
been  signed  by  qualified  electors,  equal  in  number  to  eight  per  cent  of  all  the  votes  cast 
for  all  candidates  for  governor  at  the  last  preceding  general  election,  at  which  a  gov- 
ernor was  elected,  proposing  a  law  or  amendment  to  the  Constitution,  set  forth  in  full 
in  said  petition,  the  secretary  of  state  shall  submit  the  said  proposed  law  or  amendment 
to  the  Constitution  to  the  electors  at  the  next  succeeding  general  election  occurring  sub- 
sequent to  ninety  days  after  the  presentation  aforesaid  of  said  petition,  or  at  any  spe- 
cial election  called  by  the  governor  in  his  discretion  prior  to  such  general  election.  All 
such  initiative  petitions  shall  have  printed  across  the  top  thereof  in  twelve  point  black- 
face type  the  following:    "Initiative  measure  to  be  submitted  directly  to  the  electors." 

Upon  the  presentation  to  the  secretary  of  state,  at  any  time  not  less  than  ten  days 
before  the  commencement  of  any  regular  session  of  the  legislature,  of  a  petition  certified 
as  herein  provided  to  have  been  signed  by  qualified  electors  of  the  state  equal  in  number 
to  five  per  cent  of  all  the  votes  cast  for  all  candidates  for  governor  at  the  last  preceding 
general  election,  at  which  a  governor  was  elected,  proposing  a  law  set  forth  in  full  in 
said  petition,  the  secretary  of  state  shall  transmit  the  same  to  the  legislature  as  soon 
as  it  convenes  and  organizes.  The  law  proposed  by  such  petition  shall  be  either  enacted 
or  rejected  without  change  or  amendment  by  the  legislature,  within  forty  days  from  the 
time  it  is  received  by  the  legislature.  If  any  law  proposed  by  such  petition  shall  be 
enacted  by  the  legislature  it  shall  be  subject  to  referendum,  as  hereinafter  provided. 
If  any  law  so  petitioned  for  be  rejected,  or  if  no  action  is  taken  upon  it  by  the  legisla- 
ture, within  said  forty  days,  the  secretary'  of  state  shall  submit  it  to  the  people  for 
approval  or  rejection  at  the  next  ensuing  general  election.  The  legislature  may  reject 
any  measure  so  proposed  by  initiative  petition  and  propose  a  different  one  on  the  same 
subject  by  a  yea  and  nay  vote  upon  separate  roll  call,  and  in  such  event  both  measures 
shall  be  submitted  by  the  seci-etai-y  of  state  to  the  electors  for  approval  or  rejection  at 
the  next  ensuing  general  election  or  at  a  prior  special  election  called  by  the  governor, 
in  his  discretion,  for  such  purpose.  All  said  initiative  petitions  last  above  described 
shall  have  printed  in  twelve  point  black-face  type  the  following:  "Initiative  measure 
to  be  presented  to  the  legislature. ' ' 

The  second  power  reserved  to  the  people  shall  be  known  as  the  referendum.  No  act 
passed  by  the  legislature  shall  go  into  effect  until  ninety  days  after  the  final  adjourn- 
ment of  the  session  of  the  legislature  which  passed  such  act,  except  acts  calling  elec- 
tions, acts  providing  for  tax  levies  or  appropriations  for  the  usual  current  expenses  of 
the  state,  and  urgency  measures  necessary  for  the  immediate  preservation  of  the  public 
peace,  health  or  safety,  passed  by  a  two-thirds  vote  of  all  the  members  elected  to  each 
house.    Whenever  it  is  deemed  necessary  for  the  immediate  preservation  of  the  public 

(  xxxvl ) 


CONSTITUTION    OF    THE    STATE    OF    CALIFORNIA. 

peace,  health  or  safety  that  a  law  shall  go  into  immediate  effect,  a  statement  of  the  facts 
constituting  such  necessity  shall  be  set  forth  in  one  section  of  the  act,  which  section 
shall  be  passed  only  upon  a  yea  and  nay  vote,  upon  a  separate  roll  call  thereon;  pro- 
vided, however,  that  no  measure  creating  or  abolishing  any  office  or  changing  the  salary, 
term  or  duties  of  any  officer,  or  granting  any  franchise  or  special  privilege,  or  creating 
any  vested  right  or  interest,  shall  be  construed  to  be  an  urgency  measure.  Any  law  so 
]iassed  by  the  legislature  and  declared  to  be  an  urgency  measure  shall  go  into  immediate 
effect. 

Upon  the  presentation  to  the  secretary  of  state  within  ninety  days  after  the  final 
adjournment  of  the  legislature  of  a  petition  certified  as  herein  provided,  to  have  been 
signed  by  qualified  electors  eqi;al  in  number  to  five  per  cent  of  all  the  votes  cast  for  all 
candidates  for  governor  at  the  last  preceding  general  election  at  which  a  governor  was 
elected,  asking  that  any  act  or  section  or  part  of  any  act  of  the  legislature  be  sub- 
mitted to  the  electors  for  their  approval  or  rejection,  the  secretary  of  state  shall  submit 
to  the  electors  for  their  approval  or  rejection,  such  act,  or  section  or  part  of  such  act,  at 
the  next  succeeding  general  election  occurring  at  any  time  subsequent  to  thirty  days 
after  the  filing  of  said  petition  or  at  any  special  election  which  may  be  called  by  the 
governor,  in  his  discretion,  prior  to  such  regular  election,  and  no  such  act  or  section  or 
part  of  such  act  shall  go  into  effect  until  and  unless  approved  by  a  majority  of  the 
qualified  electors  voting  thereon ;  but  if  a  referendum  petition  is  filed  against  any  section 
or  part  of  any  act  the  remainder  of  such  act  shall  not  be  delayed  from  going  into  effect. 

Any  act,  law  or  amendment  to  the  constitution  submitted  to  the  people  by  either 
initiative  or  referendum  petition  and  approved  by  a  majority  of  the  votes  cast  thereon^ 
at  any  election,  shall  take  effect  five  days  after  the  date  of  the  official  declaration  of 
the  vote  by  the  secretary  of  state.  No  act,  law  or  amendment  to  the  constitution, 
initiated  or  adopted  by  the  people,  shall  be  subject  to  the  veto  power  of  the  governor, 
nnd  no  act,  law  or  amendment  to  the  constitution,  adopted  by  the  people  at  the  polls 
under  the  initiative  provisions  of  this  section,  shall  be  amended  or  repealed  except  by 
a  vote  of  the  electors,  unless  otherwise  provided  in  said  initiative  measure;  but  acts  and 
laws  adopted  by  the  people  under  the  referendum  provisions  of  this  section  may  be 
amended  by  the  legislature  at  any  subsequent  session  thereof.  If  any  provision  or  pro- 
visions of  two  or  more  measures,  approved  by  the  electors  at  the  same  election,  conflict, 
the  provision  or  provisions  of  the  measure  receiving  the  highest  affirmative  vote  shall 
prevail.  Until  otherwise  provided  by  law,  all  measures  submitted  to  a  vote  of  the 
electors,  under  the  provisions  of  this  section,  shall  be  printed,  and  together  with  argu- 
ments for  and  against  each  such  measure  by  the  proponents  and  opponents  thereof, 
shall  be  mailed  to  each  elector  in  the  same  manner  as  now  provided  by  law  as  to  amend- 
ments to  the  constitution,  proposed  by  the  legislature;  and  the  persons  to  prepare  and 
present  such  arguments  shall,  until  otherwise  provided  by  law,  be  selected  by  the  pre- 
siding officer  of  the  senate. 

If  for  any  reason  any  initiative  or  referendum  measure,  proposed  by  petition  as 
herein  provided,  be  not  submitted  at  the  election  specified  in  this  section,  such 
failure  shall  not  prevent  its  submission  at  a  succeeding  general  election,  and  no  law  or 
amendment  to  the  constitution,  proposed  by  the  legislature,  shall  be  submitted  at  any 
election  unless  at  the  same  election  there  shall  be  submitted  all  measures  proposed  by 
petition  of  the  electors,  if  any  be  so  proposed,  as  herein  provided. 

Any  initiative  or  referendum  petition  may  be  presented  in  sections,  but  each  section 
shall  contain  a  full  and  correct  copy  of  the  title  and  text  of  the  proposed  measure. 
Each  signer  shall  add  to  his  signature  his  place  of  residence,  giving  the  street  and 
number  if  such  exist.  His  election  precinct  shall  also  appear  on  the  paper  after  his 
name.  The  number  of  signatures  attached  to  each  section  shall  be  at  the  pleasure  of 
(.he  person  soliciting  signatures  to  the  same.     Any  qualified  elector  of  the  state  shall 

(  xxxvii  > 


CONSTITUTION    OF    THE    STATE    OF    CALIFORNIA. 

be  competent  to  solicit  said  signatures  within  the  county  or  city  and  county  of  which  he 
is  an  elector.  Each  section  of  the  petition  shall  bear  the  name  of  the  county  or  city 
and  county  in  which  it  is  circulated,  and  only  qualified  electors  of  such  county  or  city 
and  county  shall  be  competent  to  sign  such  section.  Each  section  shall  have  attached 
thereto  the  affidavit  of  the  person  soliciting  signatures  to  the  same,  stating  his  own 
qualifications  and  that  all  the  signatures  to  the  attached  section  were  made  in  his 
presence  and  that  to  the  best  of  his  knowledge  and  belief  each  signature  to  the  section 
is  the  genuine  signature  of  the  person  whose  name  it  purports  to  be,  and  no  other  affi- 
davit thereto  shall  be  required.  The  affidavit  of  any  person  soliciting  signatures  here- 
under shall  be  verified  free  of  charge  by  any  officer  authorized  to  administer  oaths. 
Such  petitions  so  verified  shall  be  prima  facie  evidence  that  the  signatures  thereon  are 
genuine  and  that  the  persons  signing  the  same  are  qualified  electors.  Unless  and  until 
it  be  otherwise  proven  upon  official  investigation,  it  shall  be  presumed  that  the  petition 
presented  contains  the  signatures  of  the  requisite  number  of  qualified  electors. 

Each  section  of  the  petition  shall  be  filed  with  the  clerk  or  registrar  of  voters  of  the 
county  or  city  and  county  in  which  it  was  circulated,  but  all  said  sections  circulated 
in  any  county  or  city  and  county  shall  be  filed  at  the  same  time.  Within  twenty  days 
after  the  filing  of  such  petition  in  his  office  the  said  clerk,  or  registrar  of  voters,  shall 
determine  from  the  records  of  registration  what  number  of  qualified  electors  have 
signed  the  same,  and  if  necessary  the  board  of  supervisors  shall  allow  said  clerk  or 
registrar  additional  assistants  for  the  purpose  of  examining  such  petition  and  provide 
for  their  compensation.  The  said  clerk  or  registrar,  upon  the  completion  of  such 
examination,  shall  forthwith  attach  to  said  petition,  except  the  signatures  thereto 
appended,  his  certificate,  properly  dated,  showing  the  result  of  said  examination  and 
shall  forthwith  transmit  said  petition,  together  with  his  said  certificate,  to  the  secretary 
of  state  and  also  file  a  copy  of  said  certificate  in  his  office.  Within  forty  days  from  the 
transmission  of  the  said  petition  and  certificate  by  the  clerk  or  registrar  to  the  secre- 
tary of  state,  a  supplemental  petition  identical  with  the  original  as  to  the  body  of  the 
petition  but  containing  supplemental  names,  may  be  filed  with  the  clerk  or  registrar  of 
voters,  as  aforesaid.  The  clerk  or  registrar  of  voters  shall  within  ten  days  after  the 
filing  of  such  supplemental  petition  make  like  examination  thereof,  as  of  the  original 
petition,  and  upon  the  completion  of  such  examination  shall  forthwith  attach  to  said 
petition  his  certificate,  properly  dated,  showing  the  result  of  said  examination,  and 
shall  forthwith  transmit  a  copy  of  said  supplemental  petition,  except  the  signatures 
thereto  appended,  together  with  his  certificate,  to  the  secretary  of  state. 

When  the  secretary  of  state  shall  have  received  from  one  or  more  county  clerks  or 
registrars  of  voters  a  petition  certified  as  herein  provided  to  have  been  signed  by  the 
requisite  number  of  qualified  electors,  he  shall  forthwith  transmit  to  the  county  clerk  or 
registrar  of  voters  of  every  county  or  city  and  county  in  the  state  his  certificate  show- 
ing such  fact.  A  petition  shall  be  deemed  to  be  filed  with  the  secretary  of  state  upon 
the  date  of  the  receipt  by  him  of  a  certificate  or  certificates  showing  said  petition  to 
be  signed  by  the  requisite  number  of  electors  of  the  state.  Any  county  clerk  or  regis- 
trar of  voters  shall,  upon  receipt  of  such  copy,  file  the  same  for  record  in  his  office. 
The  duties  herein  imposed  upon  the  clerk  or  registrar  of  voters  shall  be  performed  by 
such  registrar  of  voters  in  all  cases  where  the  office  of  registrar  of  voters  exists. 

The  initiative  and  referendum  powers  of  the  people  are  hereby  further  reserved  to 
the  electors  of  each  county,  city  and  county,  city  and  town  of  the  state,  to  be  exercised 
under  such  procedure  as  may  be  provided  by  law.  Until  otherwise  provided  by  law, 
the  legislative  body  of  any  such  county,  city  and  county,  city  or  town  may  provide  for 
the  manner  of  exercising  the  initiative  and  referendum  powers  herein  reserved  to  such 
counties,  cities  and  counties,  cities  and  towns,  but  shall  not  require  more  than  fifteen 
per  cent  of  the  electors  thereof  to  propose  any  initiative  measure  nor  more  than  ten 

(  xxxviii  ) 


CONSTITUTION    OF    THE    STATE    OF    CALIFORNIA. 

per  cent  of  the  electors  thereof  to  order  the  referendum.  Nothing  contained  in  thia 
section  shall  be  construed  as  affecting  or  limiting  the  present  or  future  powers  of  cities 
or  cities  and  counties  having  charters  adopted  under  the  provisions  of  section  eight 
of  article  eleven  of  this  constitution.  In  the  submission  to  the  electors  of  any  measure 
under  this  section,  all  officers  shall  be  guided  by  the  general  laws  of  this  state,  except 
as  is  herein  otherwise  provided.  This  section  is  self-executing,  but  legislation  may  be 
enacted  to  facilitate  its  operation,  but  in  no  way  limiting  or  restricting  either  the  pro- 
visions of  this  section  or  the  powers  herein  reserved.  [Amendment  adopted  October  10, 
1911.] 

Sec.  2.  The  sessions  of  the  legislature  shall  be  biennial,  unless  the  governor  shall, 
in  the  interim,  convene  the  legislature,  by  proclamation,  in  extraordinary  session.  All 
sessions,  other  than  extraordinary,  shall  commence  at  twelve  o'clock  M.,  on  the  first 
Monday  after  the  first  day  of  January  next  succeeding  the  election  of  its  members,  and 
shall  continue  in  session  for  a  period  not  exceeding  thirty  days  thereafter;  whereupon 
a  recess  of  both  houses  must  be  taken  for  not  less  than  thirty  days.  On  the  reassembling 
of  the  legislature,  no  bill  shall  be  introduced  in  either  house  without  the  consent  of 
three-fourths  of  the  members  thereof,  nor  shall  more  than  two  bills  be  introduced  by  any 
one  member  after  such  reassembling.     [Amendment  adopted  October  10,  1911.] 

Sec.  3.  Members  of  the  assembly  shall  be  elected  in  the  year  eighteen  hundred 
and  seventy-nine,  at  the  time  and  in  the  manner  now  provided  by  law.  The  second 
election  of  members  of  the  assembly,  after  the  adoption  of  this  constitution,  shall  be 
on  the  first  Tuesday  after  the  first  Monday  in  November,  eighteen  hundred  and  eighty. 
Thereafter  members  of  the  assembly  shall  be  chosen  biennially,  and  their  term  of  ofiice 
shall  be  two  years;  and  each  election  shall  be  on  the  first  Tuesday  after  the  first  Mon- 
day in  November,  unless  otherwise  ordered  by  the  legislature. 

Sec.  4.  Senators  shall  be  chosen  for  the  term  of  four  years,  at  the  same  time  and 
places  as  members  of  the  assembly,  and  no  person  shall  be  a  member  of  the  senate  or 
assembly  who  has  not  been  a  citizen  and  inhabitant  of  the  state  three  years,  and  of 
the  district  for  which  he  shall  be  chosen  one  year,  next  before  his  election. 

Sec.  5.  The  senate  shall  consist  of  forty  members,  and  the  assembly  of  eighty  mem- 
bers, to  be  elected  by  districts,  numbered  as  hereinafter  provided.  The  seats  of  the 
twenty  senators  elected  in  the  year  eighteen  hundred  and  eighty-two  from  the  odd- 
numbered  districts  shall  be  vacated  at  the  expiration  of  the  second  year,  so  that  one- 
half  of  the  senators  shall  be  elected  every  two  years;  provided,  that  all  the  senators 
elected  at  the  first  election  under  this  constitution  shall  hold  ofiice  for  the  term  of 
three  years. 

Sec.  6.  For  the  purpose  of  choosing  members  of  the  legislature,  the  state  shall  be 
divided  into  forty  senatorial  and  eighty  assembly  districts,  as  nearly  equal  in  popula- 
tion as  may  be,  and  composed  of  contiguous  territory,  to  be  called  senatorial  and 
assembly  districts.  Each  senatorial  district  shall  choose  one  senator  and  each  assembly 
district  shall  choose  one  member  of  assembly.  The  senatorial  districts  shall  be  numbered 
from  one  to  forty,  inclusive,  in  numerical  order,  and  the  assembly  districts  shall  be 
numbered  from  one  to  eighty  in  the  same  order,  commencing  at  the  northern  boundary 
of  the  state  and  ending  at  the  southern  boundary  thereof.  In  the  formation  of  such 
districts  no  county,  or  city  and  county,  shall  be  divided,  unless  it  contains  sufficient 
population  within  itself  to  form  two  or  more  districts,  nor  shall  a  part  of  any  county, 
or  of  any  city  and  county,  be  united  with  any  other  county,  or  city  and  county,  in 
forming  any  district.  The  census  taken  under  the  direction  of  the  congress  of  the 
United  States  in  the  year  one  thousand  eight  hundred  and  eighty,  and  every  ten  years 
thereafter,  shall  be  the  basis  of  fixing  and  adjusting  the  legislative  districts;  and  the 
legislature  shall,  at  its  first  session  after  each  census,  adjust  such  districts  and  reappor- 

(  xxxix  ) 


CONSTITUTIOiV    OF    THE    STATE    OF    CALIFORNIA. 

tion  the  representation  so  as  to  preserve  them  as  near  equal  in  population  as  may  be 
But  in  making  such  adjustment  no  persons  who  are  not  eligible  to  become  citizens  oi 
the  United  States,  under  the  naturalization  laws,  shall  be  counted  as  forming  a  part 
of  the  population  of  any  district.  Until  such  districting  as  herein  provided  for  shall 
be  made,  senators  and  assemblymen  shall  be  elected  by  the  districts  according  to  thf 
apportionment  now  provided  for  by  law. 

Sec.  7.  Each  house  shall  choose  its  officers,  and  judge  of  the  qualifieations,  elections, 
and  returns  of  its  members. 

Sec.  8.  A  majority  of  each  house  shall  constitute  a  quorum  to  do  business,  but  a 
smaller  number  may  adjourn  from  day  to  day,  and  may  compel  the  attendance  of 
absent  members  in  such  manner  and  under  such  penalties  as  each  house  may  provide. 

Sec.  9.     Each  house  shall  determine  the  rule  of  its  proceeding,  and  may,  with  the 
concurrence  of  two-thirds  of  all  the  members  elected,  expel  a  member. 
.   Sec.  10.     Each  house  shall  keep  a  journal  of  its  proceedings,  and  publish  the  same; 
and  the  yeas  and  nays  of  the  members  of  either  house,  on  any  question,  shall,  at  the 
desire  of  any  three  members  present,  be  entered  on  the  journal. 

Sec.  11.  Members  of  the  legislature  shall,  in  all  cases,  except  treason,  felony,  and 
breach  of  the  peace,  be  privileged  from  arrest,  and  shall  not  be  subject  to  any  civil 
process  during  the  session  of  the  legislature,  nor  for  fifteen  days  next  before  the  com- 
mencement and  after  the  termination  of  each  session. 

See.  12.  When  vacancies  occur  in  either  house,  the  governor,  or  the  person  exercising 
the  functions  of  the  governer,  shall  issue  writs  of  election  to  fill  such  vacancies. 

Sec.  13.  The  doors  of  eadh  house  shall  be  open,  except  on  such  occasion  as,  in  the 
opinion  of  the  house,  may  require  secrecy. 

Sec.  14.  Neither  house  shall,  without  the  consent  of  the  other,  adjourn  for  more 
than  three  days,  nor  to  any  place  other  than  that  in  which  they  may  be  sitting.  Noi 
shall  the  members  of  either  house  draw  pay  for  any  recess  of  adjournment  for  a  longei 
time  than  three  days. 

Sec.  15.  No  law  shall  be  passed  except  by  bill.  Nor  shall  any  bill  be  put  upon  its 
final  passage  until  the  same,  with  the  amendments  thereto,  shall  have  been  printed  for 
the  use  of  the  members ;  nor  shall  any  bill  become  a  law  unless  the  same  be  read  on  three 
several  days  in  each  house,  unless,  in  case  of  urgency,  two-thirds  of  the  house  where 
such  bill  may  be  pending,  shall,  by  a  vote  of  yeas  and  nays,  dispense  with  this  pro- 
vision. Any  bill  may  originate  in  either  house,  but  may  be  amended  or  rejected  by  the 
other;  and  on  the  final  passage  of  all  bills  they  shall  be  read  at  length,  and  the  vote 
shall  be  by  yeas  and  nays  upon  each  bill  separately,  and  shall  be  entered  on  the  journal, 
and  no  bill  shall  become  a  law  without  the  concurrence  of  a  majority  of  the  members 
elected  to  each  house. 

Sec.  16.  Every  bill  which  may  have  passed  the  legislature  shall,  before  it  becomes  a 
law,  be  presented  to  the  governor.  If  he  approve  it,  he  shall  sign  it;  but  if  not,  he 
shall  return  it,  with  his  objections,  to  the  house  in  which  it  originated,  which  shall 
enter  such  objections  upon  the  journal  and  proceed  to  reconsider  it.  If  after  such 
reconsideration,  it  again  pass  both  houses,  by  yeas  and  nays,  two-thirds  of  the  mem- 
bers elected  to  each  house  voting  therefor,  it  shall  become  a  law,  notwithstanding  the 
governor's  objections.  If  any  bill  shall  not  be  returned  within  ten  days  after  it  shall 
have  been  presented  to  him  (Sundays  excepted),  the  same  shall  become  a  law  in  like 
manner  as  if  he  had  signed  it,  unless  the  legislature,  by  adjournment,  prevents  such 
return,  in  which  case  it  shall  not  become  a  law,  unless  the  governor,  within  thirty  days 
after  such  adjournment  (Sundays  excepted),  shall  sign  and  deposit  the  same  in  the 
office  of  the  secretary  of  state,  in  which  case  it  shall  become  a  law  in  like  manner  as 
if  it  had  been  signed  by  him  before  adjournment.    If  any  bill  presented  to  the  governoi 


CONSTITUTION    OF    THE    STATE    OF    CALIFORNIA. 

contains  several  items  of  appropriation  of  money,  he  may  object  to  one  or  more  items, 
while  approving  other  portions  of  the  bill.  In  such  case  he  shall  append  to  the  bill 
at  the  time  of  signing  it,  a  statement  of  the  items  to  which  he  objects,  and  the  reasons 
therefor,  and  the  appropriation  so  objected  to  shall  not  take  effect  unless  passed  over 
the  governor's  veto,  as  hereinbefore  provided.  If  the  legislature  be  in  session,  the  gov- 
ernor shall  transmit  to  the  house  in  which  the  bill  originated  a  copy  of  such  statement, 
and  the  items  so  objected  to  shall  be  separately  reconsidered  in  the  same  manner  as 
bills  which  have  been  disapproved  by  the  governor.  [Amendment  adopted  November  3, 
1908.] 

Sec.  17.  The  assembly  shall  have  the  sole  power  of  impeachment,  and  all  impeach- 
ments shall  be  tried  by  the  senate.  When  sitting  for  that  purpose,  the  senators  shall 
be  upon  oath  or  affirmation,  and  no  person  shall  be  convicted  without  the  concurrence 
of  two-thirds  of  the  members  elected. 

See.  18.  The  governor,  lieutenant  governor,  secretary  of  state,  controller,  treasurer, 
attorney  general,  surveyor  general,  chief  justice  and  associate  justices  of  the  supreme 
court,  judges  of  the  district  court  of  appeal,  and  judges  of  the  superior  courts,  shall  be 
liable  to  impeachment  for  any  misdemeanor  in  office  but  judgment  in  such  cases  shall 
extend  only  to  removal  from  office,  and  disqualification  to  hold  any  office  of  honor, 
trust,  or  profit  under  the  state;  but  the  party  convicted  or  acquitted  shall  nevertheless 
be  liable  to  indictment,  trial  and  punishment  according  to  law.  All  other  civil  officers 
shall  be  tried  for  misdemeanor  in  office  in  such  manner  as  the  legislature  may  provide. 
[Amendment  adopted  October  10,  1911.] 

Sec.  19.  No  senator  or  member  of  assembly  shall,  during  the  term  for  which  he  shall 
have  been  elected,  hold  or  accept  any  office,  trust,  or  employment  under  this  state; 
provided,  that  this  provision  shall  not  apply  to  any  office  filled  by  election  by  the 
people.     [Amendment  adopted  November  7,  1916.] 

Sec.  20.  No  person  holding  any  lucrative  office  under  the  United  States,  or  any  other 
power,  shall  be  eligible  to  any  civil  office  of  profit  under  this  state;  provided,  that 
officers  in  the  militia  who  receive  no  annual  salary,  local  officers,  or  postmasters  whose 
compensation  does  not  exceed  five  hundred  dollars  per  annum,  shall  not  be  deemed  to 
hold  lucrative  offices. 

See.  21.  No  person  convicted  of  the  embezzlement  or  defalcation  of  the  public  funds 
of  the  United  States,  or  of  any  state,  or  of  any  county  or  municipality  therein,  shall 
ever  be  eligible  to  an  office  of  honor,  trust,  or  profit  under  this  state,  and  the  legislature 
shall  provide,  by  law,  for  the  punishment  of  embezzlement  or  defalcation  as  a  felony. 

Sec.  22.  No  money  shall  be  drawn  from  the  treasury  but  in  consequence  of  appro- 
priation made  by  law,  and- upon  warrants  duly  drawn  thereon  by  the  controller;  and  no 
money  shall  ever  be  appropriated  or  drawn  from  the  state  treasury  for  the  puri:)ose  or 
benefit  of  any  corporation,  association,  asylum,  hosjiital,  or  any  other  institution  not 
under  the  exclusive  management  and  control  of  the  state  as  a  state  institution,  nor 
shall  any  grant  or  donation  of  property  ever  be  made  thereto  by  the  state;  provided, 
that  notwithstanding  anything  contained  in  this  or  any  other  section  of  the  constitu- 
tion, the  legislature  shall  have  the  power  to  grant  aid  to  the  institutions  conducted  for 
the  support  and  maintenance  of  minor  orphans,  or  half-orphans,  or  abandoned  children, 
or  children  of  a  father  who  is  incapacitated  for  gainful  work  by  permanent  physical 
disability  or  is  suffering  from  tuberculosis  in  such  a  stage  that  he  can  not  pursue  a 
gainful  occupation,  or  aged  persons  in  indigent  circumstances — such  aid  to  be  granted 
by  a  uniform  rule,  and  proportioned  to  the  number  of  inmates  of  such  respective  insti- 
tutions; provided,  further,  that  the  state  shall  have  at  any  time  the  right  to  inquire 
into  the  management  of  such  institutions;  provided,  further,  that  whenever  any  county, 
or  city  and  county,  or  city,  or  town,  shall  provide  for  the  support  of  minor  orphans,  or 

(xll  ) 


CONSTITUTION    OF    THE    STATB:    OF    CALIFORNIA. 

half-orphans,  or  abandoned  children,  or  children  of  a  father  who  is  incapacitated  for 
gainful  work  by  permanent  physical  disability  or  is  suffering  from  tuberculosis  in  such 
a  stage  that  he  can  not  pursue  a  gainful  occupation,  or  aged  persons  in  indigent  cir- 
cumstances, such  county,  city  and  county,  city,  or  town  shall  be  entitled  to  receive  the 
same  pro  rata  appropriations  as  may  be  granted  to  such  institutions  under  church,  or 
other  control.  An  accurate  statement  of  the  receipts  and  expenditures  of  public  moneys 
shall  be  attached  to  and  published  with  the  laws  at  every  regular  session  of  the  legis- 
lature; provided,  however,  that  for  the  purpose  of  raising  five  million  dollars,  to  be 
used  in  establishing,  maintaining,  and  supporting  in  the  city  and  county  of  San  Fran- 
cisco, state  of  California,  an  exposition  in  commemoration  of  the  completion  of  the 
Panama  canal,  to  be  known  as  the  Panama-Pacific  international  exposition,  the  state 
board  of  equalization  shall,  for  the  fiscal  year  beginning  July  1,  1911,  and  for  each 
fiscal  year  thereafter,  to  and  including  the  fiscal  year  beginning  July  1,  1914,  fix,  estab- 
lish, and  levy  such  an  ad  valorem  rate  of  taxation,  as  when  levied  upon  all  the  taxable 
property  in  the  state,  after  making  due  allowance  for  delinquency,  shall  produce  for 
each  of  such  fiscal  years  a  sum  of  one  million  two  hundred  fifty  thousand  dollars.  The 
said  taxes  shall  be  levied,  assessed,  and  collected  upon  every  kind  and  character  of 
property  in  the  state  of  California  not  exempt  from  taxation  under  the  law,  and  sub- 
ject to  taxation  on  the  first  day  of  July,  1910,  and  in  the  same  manner,  and  by  the 
game  method,  as  other  state  taxes  were  levied,  assessed,  and  collected  under  the  law,  as 
the  same  existed  on  the  first  day  of  July,  1910.  The  state  board  of  equalization  shall 
each  year,  at  the  time  it  determines  the  amount  of  revenue  required  for  other  state 
purposes,  determine,  fix,  and  include  the  rate  of  tax  necessary  to  raise  the  revenue 
herein  provided  for. 

There  is  hereby  created  in  the  state  treasury  a  fund  to  be  known  as  the  Panama- 
Pacific  international  exposition  fund,  and  all  moneys  collected  pursuant  to  this  pro- 
vision, after  deducting  the  proportionate  share  of  the  expense  for  the  collection  of  the 
same,  shall  be  paid  into  the  state  treasury,  and  credited  to  such  fund.  All  moneys 
so  paid  into  such  fund  are  hereby  appropriated,  without  reference  to  fiscal  years,  for 
the  use,  establishment,  maintenance  and  support  of  said  Panama-Pacific  international 
exposition.  No  tax,  license  fee,  or  charge  of  any  kind  or  character  shall  ever  be  levied 
or  assessed  or  charged  against  any  property  of  said  Panama-Pacific  international  expo- 
sition, or  against  any  property  used  as  exhibit  therein,  while  being  used  or  exhibited 
in  connection  therewith. 

There  is  hereby  created  a  commission  to  be  known  as  the  Panama-Pacific  inter- 
national exposition  commission  of  the  state  of  California,  which  shall  consist  of  the 
governor  of  said  state  and  four  other  members  to  be  appointed  by  the  governor,  by  and 
with  the  advice  and  consent  of  the  senate  of  said  state.  The  governor  shall  have  the 
power  to  fill  all  vacancies  occurring  at  any  time  in  said  commission.  The  members  of 
said  commission  shall  receive  no  compensation  and  shall  hold  office  until  such  exposition 
shall  have  been  closed  and  its  affairs  settled.  Said  four  members  of  said  commission 
shall  be  selected  from  different  sections  of  the  state,  and  the  appointment  thereof  shall 
be  made  by  the  governor  of  the  state  during  the  month  of  February,  1911.  The  com- 
mission hereby  created  shall  have  the  exclusive  charge  and  control  of  all  moneys  paid 
into  the  Panama-Pacific  international  exposition  fund;  and  provided,  further,  that  the 
legislature  shall  pass  all  laws  necessary  to  carry  out  the  provisions  of  this  act,  including 
the  times  and  the  manner  in  which  and  the  terms  and  conditions  upon  which  moneys 
shall  be  drawn  from  the  state  treasury  by  said  commission;  where  contracts  and 
vouchers  shall  be  filed ;  to  whom  and  how  often  reports  shall  be  made ;  what  disposition 
shall  be  made  of  any  sum  left  unexpended  or  received  from  the  sale  of  any  property  or 
buildings  purchased  or  constructed  by  said  commission  for  the  use  of  said  exposition, 

(  xUi  ) 


CONSTITUTION    OF    THE    STATE    OF    CALIFORNIA. 

or  of  any  disposition  of  any  building  or  improvement  constructed  by  said  commission 
out  of  said  fund,  and  to  provide  for  the  transfer  to  the  general  fund  of  the  state  of 
California,  of  any  portion  of  said  Panama-Pacific  international  exposition  fund  unused. 

The  commission  herein  created  is  authorized  and  directed  to  make  such  proper  con- 
tract with  the  Panama-Pacific  International  Exposition  Company,  a  corporation  organ- 
ized under  the  laws  of  the  state  of  California  on  the  twenty-second  day  of  March,  1910, 
as  will  entitle  the  state  of  California  to  share  proportionately  with  the  contributors 
to  the  said  Panama-Pacific  international  exposition  in  the  returns  from  the  holding  of 
said  exposition  at  the  city  and  county  of  San  Francisco.  [Amendment  adopted  Novem- 
ber 2,  1920.] 

Sec.  23.  The  members  of  the  legislature  shall  receive  for  their  services  the  sum  of 
one  thousand  dollars  each  for  each  regular  session,  to  be  paid  at  such  times  during 
the  session  as  may  be  provided  by  law,  and  the  sum  of  ten  dollars  each  for  each  day 
while  in  attendance  at  a  special  or  extraordinary  session,  for  a  number  of  days  not 
exceeding  thirty;  and  mileage  to  be  fixed  by  law,  all  paid  out  of  the  state  treasury; 
such  mileage  shall  not  exceed  ten  cents  per  mile;  and  each  member  shall  be  allowed 
contingent  expenses  not  exceeding  twenty-five  dollars  per  member  for  each  regular 
biennial  session.  The  legislature  may  also  provide  for  additional  help;  but  in  no  case 
shall  the  total  expense  for  officers,  employees  and  attaches  exceed  the  sum  of  five 
hundred  dollars  per  day  for  either  house,  at  any  regular  or  biennial  session,  nor  the 
sum  of  two  hundred  dollars  per  day  for  either  house  at  any  special  or  extraordinary 
session,  nor  shall  the  pay  of  any  officer,  employee  or  attache  be  increased  after  he  is 
elected  or  appointed.     [Amendment  adopted  November  3,  1908.] 

Sec.  23a.  The  legislature  may  also  provide  for  the  employment  of  help;  but  in  no 
case  shall  the  total  expense  for  officers,  employees  and  attaches  exceed  the  sum  of  five 
hundred  dollars  per  day  for  either  house,  at  any  regular  or  biennial  session,  nor  the 
sum  of  two  hundred  dollars  per  day  for  either  house  at  any  special  or  extraordinary 
session,  nor  shall  the  pay  of  any  officer,  employee,  or  attache  be  increased  after  he  is 
elected  or  appointed.     [New  section  adopted  November  3,  1908.] 

Sec.  24.  Every  act  shall  embrace  but  one  subject,  which  subject  shall  be  expressed 
in  its  title.  But  if  any  subject  shall  be  embraced  in  an  act  which  shall  not  be  expressed 
in  its  title,  such  act  shall  be  void  only  as  to  so  much  thereof  as  shall  not  be  expressed 
in  its  title.  No  law  shall  be  revised  or  amended  by  reference  to  its  title;  but  in  such 
case  the  act  revised  or  section  amended  shall  be  re-enacted  and  published  at  lengtli 
as  revised  or  amended;  and  all  laws  of  the  state  of  California,  and  all  official  writings, 
and  the  executive,  legislative,  and  judicial  proceedings,  shall  be  conducted,  preserved, 
and  published  in  no  other  than  the  English  language. 

Sec.  25.  The  legislature  shall  not  pass  local  or  special  laws  in  any  of  the  following 
enumerated  cases,  that  is  to  say: 

First — Regulating  the  jurisdiction  and  duties  of  justices  of  the  peace,  police  judges, 
and  of  constables. 

Second — For  the  punishment  of  crimes  and  misdemeanors. 

Third — Regulating  the  practice  of  courts  of  justice. 

Fourth — Providing  for  changing  the  venue  in  civil  or  criminal  actions. 

Fifth — Granting  divorces. 

Sixth — Changing  the  names  of  persons  or  places. 

Seventh — Authorizing  the  laying  out,  opening,  altering,  maintaining  or  vacating 
roads,  highways,  streets,  alleys,  town  plots,  parks,  cemeteries,  grave\aids,  or  public 
ground  not  owned  by  the  state. 

<  xiiii  ) 


CONSTITUTION    OF   THE    STATE    OF    CALIFORNIA, 

Eighth — Summoning  and  impaneling  grand  and  petit  juries,  and  providing  for  their 
compensation. 

Ninth — Regulating  county  and  township  business,  or  the  election  of  county  and 
township  officers. 

Tenth — For  the  assessment  or  collection  of  taxes. 

Eleventh — Providing  for  conducting  elections  or  designating  the  places  of  voting, 
except  on  the  organization  of  new  counties. 

Twelfth — Affecting  estates  of  deceased  persons,  minors,  or  other  persons  under  legal 
disabilities. 

Thirteenth — Extending  the  time  for  the  collection  of  taxes. 

Fourteenth — Giving  effect  to  invalid  deeds,  wills,  or  other  instruments. 

Fifteenth — Refunding  money  paid  into  the  state  treasury. 

Sixteenth — Releasing  or  extinguishing,  in  whole  or  in  part,  the  indebtedness,  liability, 
or  obligation  of  any  corporation  or  person  to  this  state,  or  to  any  municipal  corpora- 
tion therein. 

Seventeenth — Declaring  any  person  of  age,  or  authorizing  any  minor  to  sell,  lease  or 
incumber  his  or  her  property. 

Eighteenth — Legalizing,  except  as  against  the  state,  the  unauthorized  or  invalid  act 
of  any  officer. 

Nineteenth — Granting  to  any  corporation,  association,  or  individual  any  special  or 
exclusive  right,  privilege,  or  immunity. 

Twentieth — Exempting  property  from  taxation. 

Twenty-first — Changing  county  seats. 

Twenty-second — Restoring  to  citizenship  persons  convicted  of  infamous  crimes. 

Twenty-third — Regulating  the  rate  of  interest  on  money. 

Twenty-fourth — Authorizing  the  creation,  extension,  or  impairing  of  liens. 

Twenty-fifth — Chartering  or  licensing  ferries,  bridges,  or  roads. 

Twenty-sixth — Remitting  fines,  penalties,  or  forfeitures. 

Twenty-seventh — Providing  for  the  management  of  common  schools. 

Twenty-eighth— Creating  offices,  or  prescribing  the  powers  and  duties  of  officers  in 
counties,  cities,  cities  and  counties,  township,  election  or  school  districts. 

Twenty-ninth — Affecting  the  fees  or  salary  of  any  officer. 

Thirtieth — Changing  the  law  of  descent  or  succession. 

Thirty-first — Authorizing  the  adoption  or  legitimation  of  children. 

Thirty-second — For  limitation  of  civil  or  criminal  actions. 

Thirty-third — In  all  other  cases  where  a  general  law  can  be  made  applicable. 

Sec.  251/^.  The  legislature  may  provide  for  the  division  of  the  state  into  fish  and 
game  districts,  and  may  enact  such  laws  for  the  protection  of  fish  and  game  therein  as 
it  may  deem  appropriate  to  the  respective  dsitriets.  [New  section  adopted  November  4, 
1902.] 

Sec.  26.  The  legislature  shall  have  no  power  to  authorize  lotteries  or  gift  enterj^rises 
for  any  purpose  and  shall  pass  laws  to  pi'ohibit  the  sale  in  this  state  of  lottery  or 
gift  enteiT)rise  tickets  or  tickets  in  any  scheme  in  the  nature  of  a  lottery.  The  legis- 
lature shall  pass  laws  to  prohibit  the  fictitious  buying  and  selling  of  the  shares  of  the 
capital  stock  of  corporations  in  any  stock  board,  stock  exchange  or  stock  market  under 
the  control  of  any  corporation  or  association.  All  contracts  for  the  purchase  or  sale 
of  shares  of  the  capital  stock  of  any  corporation  or  association  without  any  intention 
on  the  part  of  one  party  to  deliver  and  of  the  other  party  to  receive  the  shares,  and 
contemplating  merely  the  payment  of  differences  between  the  contract  and  market 
prices  on  divers  days,  shall  be  void,  and  neither  party  to  any  such  contract  shall  be 

(  xHv  ) 


CONSTITUTION    OF    THE    STATE    OF    CALIFORNIA. 

entitled  to  recover  any  damages  for  failure  to  perform  the  same,  or  any  money  paid 
thereon,  in  any  court  of  this  state.     [Amendment  adopted  November  3,  1908.] 

Sec.  27.  When  a  congressional  district  shall  be  composed  of  two  or  more  counties,  it 
shall  not  be  separated  by  any  county  belonging  to  another  district.  No  county,  or  city 
and  county,  shall  be  divided  in  forming  a  congressional  district  so  as  to  attach  one 
portion  of  a  county,  or  city  and  county,  to  another  county,  or  city  and  county,  except 
in  cases  where  one  county,  or  city  and  county,  has  more  population  than  the  ratio 
required  for  one  or  more  congressmen;  but  the  legislature  may  divide  any  county,  or 
city  and  county,  into  as  many  congressional  districts  as  it  may  be  entitled  to  by  law. 
Any  county,  or  city  and  county  containing  a  population  greater  than  the  number 
required  for  one  congressional  district,  shall  be 'formed  into  one  or  more  congressional 
districts,  according  to  the  population  thereof,  and  any  residue,  after  forming  such 
district  or  districts,  shall  be  attached,  by  compact  adjoining  assembly  districts,  to  a 
contiguous  county  or  counties,  and  form  a  congressional  district.  In  dividing  a  county, 
or  city  and  county,  into  congressional  districts,  no  assembly  district  shall  be  divided 
so  as  to  form  a  part  of  more  than  one  congressional  district,  and  every  such  congres- 
sional district  shall  be  composed  of  compact  contiguous  assembly  districts. 

Sec.  28.  In  all  elections  by  the  legislature  the  members  thereof  shall  vote  viva  voce, 
and  the  vote  shall  be  entered  on  the  journal. 

Sec.  29.  The  general  appropriation  bill  shall  contain  no  item  or  items  of  appropria- 
tion other  than  such  as  are  required  to  pay  the  salaries  of  the  state  officers,  the  expenses 
of  the  government,  and  of  the  institutions  under  the  exclusive  control  and  management 
of  the  state. 

See.  30.  Neither  the  legislature,  nor  anj'^  county,  city  and  county,  township,  school 
district,  or  other  municipal  corporation,  shall  ever  make  an  appropriation,  or  pay  from 
any  public  fund  whatever,  or  grant  anything  to  or  in  aid  of  any  religious  sect,  church, 
creed,  or  sectarian  purpose,  or  help  to  support  or  sustain  any  school,  college,  university, 
hospital,  or  other  institution  controlled  by  any  religious  creed,  church,  or  sectarian 
denomination  whatever;  nor  shall  any  grant  or  donation  of  personal  property  or  real 
estate  ever  be  made  by  the  state,  or  any  city,  city  and  county,  town,  or  other  municipal 
corporation,  for  any  religious  creed,  church,  or  sectarian  purpose,  whatever;  provided, 
that  nothing  in  this  section  shall  prevent  the  legislature  granting  aid  pursuant  to 
section  twenty-two  of  this  article. 

Sec.  31.  The  legislature  shall  have  no  power  to  give  or  to  lend,  or  to  authorize  the 
giving  or  lending,  of  the  credit  of  the  state,  or  of  any  county,  city  and  county,  city, 
township,  or  other  political  corporation  or  subdivision  of  the  state  now  existing,  or 
that  may  be  hereafter  established,  in  aid  of  or  to  any  person,  association,  or  corpora- 
tion, whether  municipal  or  otherwise,  or  to  pledge  the  credit  thereof,  in  any  manner 
whatever,  for  the  payment  of  the  liabilities  of  any  individual,  association,  municipal 
or  other  corporation  whatever;  nor  shall  it  have  power  to  make  any  gift,  or  authorize 
the  making  of  any  gift,  of  any  public  money  or  thing  of  value  to  any  individual,  munici- 
pal or  other  corporation  whatever;  provided,  that  nothing  in  this  section  (shall  prevent 
the  legislature  granting  aid  pursuant  to  section  twenty-two  of  this  article;  and  it  shall 
not  have  power  to  authorize  the  state  or  any  political  subdivision  thereof,  to  subscribe 
for  stock,  or  to  become  a  stockholder  in  any  corporation)  shall  prevent  the  legislature 
granting  aid  pursuant  to  section  twenty-two  of  this  article;  and  it  shall  not  have  power 
to  authorize  the  state,  or  any  political  subdivision  thereof,  to  subscribe  for  stock,  or  to 
become  a  stockholder  in  any  corporation  whatever;  provided,  further,  that  irrigation 
districts  for  the  purpose  of  acquiring  the  control  of  any  entire  international  water 
system  necessary  for  its  use  and  purposes,  a  part  of  which  is  situated  in  the  United 
States,  and  a  part  thereof  in  a  foreign  country,  may  in  the  manner  authorized  by  law, 

<  xK  > 


CONSTITUTION    OF   THE    STATE    OF    CALIFORNIA. 

acquire  the  stock  of  any  foreign  corporation  which  is  the  owner  of,  or  which  holds 
I  the  title  to  the  part  of  such  system  situated  in  a  foreign  country.  [Amendment 
adopted  November  3,  1914.] 

Note. — The  repetition  of  the  words  indicated  by  parentheses  in  the  above  section 
occurred  in  the  resolution  by  which  the  amendment  of  the  above  section  was  pro- 
posed to  the  people.  As  no  change  could  be  made  thereafter,  the  section  was  voted 
on  and  adopted  in  the  above  form. 

See.  32.  The  legislature  shall  have  no  power  to  grant,  or  authorize  any  county  or 
municipal  authority  to  grant,  any  extra  compensation  or  allowance  to  any  public 
officer,  agent,  servant,  or  contractor,  after  service  has  been  rendered,  or  a  contract 
has  been  entered  into  and  performed,  in  whole  or  in  part,  nor  to  pay,  or  to  authorize 
the  payment  of,  any  claim  hereafter  created  against  the  state,  or  any  county  or  munici- 
pality of  the  state,  under  any  agreement  or  contract  made  without  express  authority 
of  law;  and  all  such  unauthorized  agreements  or  contracts  shall  be  null  and  void. 

Sec.  33.  The  legislature  shall  pass  laws  for  the  regulation  and  limitation  of  the 
charges  for  services  performed  and  commodities  furnished  by  telegraph  and  gas  corpo- 
rations, and  the  charges  by  cori^orations  or  individuals  for  storage  and  wharfage  in 
which  there  is  a  public  use;  and  where  laws  shall  provide  for  the  selection  of  any  per- 
son or  officer  to  regulate  and  limit  such  rates,  no  such  person  or  officer  shall  be  selected 
by  any  corporation  or  individual  interested  in  the  business  to  be  regulated,  and  no 
person  shall  be  selected  who  is  an  officer  or  stockholder  in  any  such  corporation. 

Sec.  34.  No  bill  making  an  appropriation  of  money,  except  the  general  appropria- 
tion bill,  shall  contain  more  than  one  item  of  appropriation,  and  that  for  one  single  and 
certain  purpose,  to  be  therein  expressed. 

Sec.  35.  Any  person  who  seeks  to  influence  the  vote  of  a  member  of  the  legislature 
by  bribery,  promise  of  reward,  intimidation,  or  any  other  dishonest  means,  shall  be 
guilty  of  lobbying,  which  is  hereby  declared  a  felony;  and  it  shall  be  the  duty  of  the 
legislature  to  provide,  by  law,  for  the  punishment  of  this  crime.  Any  member  of  the 
legislature  who  shall  be  influenced,  in  his  vote  or  action  upon  any  matter  pending 
before  the  legislature,  by  any  reward,  or  promise  of  future  reward,  shall  be  deemed 
guilty  of  a  felony,  and  upon  conviction  thereof,  in  addition  to  such  punishment  as  may 
be  provided  by  law,  shall  be  disfranchised  and  forever  disqualified  from  holding  any 
office  or  public  trust.  Any  person  may  be  compelled  to  testify  in  any  lawful  investiga- 
tion or  judicial  proceeding  against  any  person  who  may  be  charged  with  having  com- 
mitted the  offense  of  bribery  or  corrupt  solicitation,  or  with  having  been  influenced  in 
his  vote  or  action,  as  a  member  of  the  legislature,  by  reward,  or  promise  of  future 
reward,  and  shall  not  be  permitted  to  withhold  his  testimony  upon  the  ground  that 
it  may  criminate  himself,  or  subject  him  to  public  infamy;  but  such  testimony  shall  not 
afterwards  be  used  against  him  in  any  judicial  proceeding,  except  for  perjury  in  giving 
such  testimony. 

Sec.  36.  The  legislature  shall  have  power  to  establish  a  system  of  state  highways  or 
to  declare  any  road  a  state  highway,  and  to  pass  all  laws  necessary  or  proper  to  con- 
struct and  maintain  the  same,  and  to  extend  aid  for  the  construction  and  maintenance 
in  whole  or  in  part  of  any  county  highway.     [New  section  adopted  November  4,  1902.] 

ARTICLE  V. 
EXECUTIVE  DEPARTMENT. 

Section  1.  The  supreme  executive  power  of  this  state  shall  be  vested  in  a  chief 
magistrate,  who  shall  be  styled  the  governor  of  the  state  of  California. 

Sec.  2.  The  governor  shall  be  elected  by  the  qualified  electors  at  the  time  and  places 
of  voting  for  members  of  the  assembly,  and  shall  hold  his  office  four  years  from  and 

(  xlvl  ) 


CONSTITUTION    OF    THE    STATE    OF    CALIFORNIA. 

after  the  first  Monday  after  the  first  day  of  January  subsequent  to  his  election,  and 
until  his  successor  is  elected  and  qualified. 

Sec.  3.  No  person  shall  be  eligible  to  the  office  of  governor  who  has  not  been  a 
citizen  of  the  United  States  and  a  resident  of  this  state  five  years  next  preceding  his 
election  and  attained  the  age  of  twenty-five  years  at  the  time  of  such  election. 

Sec.  4.  The  returns  of  every  election  for  governor  shall  be  sealed  up  and  transmitted 
to  the  seat  of  government,  directed  to  the  speaker  of  the  assembly,  who  shall,  during 
the  first  week  of  the  session,  open  and  publish  them  in  the  presence  of  both  houses  of 
the  legislature.  The  person  having  the  highest  number  of  votes  shall  be  governor; 
but  in  ease  any  two  or  more  have  an  equal  and  the  highest  number  of  votes,  the  legis- 
lature shall,  by  joint  vote  of  both  houses,  choose  one  of  such  persons  so  having  an 
equal  and  the  highest  number  of  votes  for  governor. 

Sec.  5.  The  governor  shall  be  commander-in-chief  of  the  militia,  the  army  and  navy 
of  this  state. 

Sec.  6.  He  shall  transact  all  executive  business  with  the  officers  of  government,  civil 
and  military,  and  may  require  information,  in  writing,  from  the  officers  of  the  execu- 
tive department  upon  any  subject  relating  to  the  duties  of  their  respective  offices. 

Sec.  7.     He  shall  see  that  the  laws  are  faithfully  executed. 

See.  8.  When  any  office  shall,  from  any  cause,  become  vacant,  and  no  mode  is  pro- 
vided by  the  constitution  and  law  for  filling  such  vacancy,  the  governor  shall  have 
power  to  fill  such  vacancy  by  granting  a  commission,  which  shall  expire  at  the  end  of 
the  next  session  of  the  legislature,  or  the  next  election  by  the  people. 

Sec.  9.  He  may,  on  extraordinary  occasions,  convene  the  legislature  by  proclamation, 
stating  the  purposes  for  which  he  has  convened  it,  and  when  so  convened  it  shall  have 
no  power  to  legislate  on  anj'  subjects  other  than  those  specified  in  the  proclamation, 
but  may  provide  for  the  expenses  of  the  session,  and  other  matters  incidental  thereto. 

Sec.  10.  He  shall  communicate,  by  message  to  the  legislature,  at  every  session,  the 
condition  of  the  state,  and  recommend  such  matters  as  he  shall  deem  expedient. 

Sec.  11.  In  case  of  a  disagreement  between  the  two  houses  with  respect  to  the  time 
of  adjournment,  the  governor  shall  have  power  to  adjourn  the  legislature  to  such 
time  as  he  may  think  proper;  provided,  it  be  not  beyond  the  time  fixed  for  the  meeting 
of  the  next  legislature. 

Sec.  12.  No  person  shall,  while  holding  any  office  under  the  United  States,  or  this 
state,  exercise  the  office  of  governor,  except  as  hereinafter  expressly  provided. 

Sec.  13.  There  shall  be  a  seal  of  this  state,  which  shall  be  kept  by  the  governor,  and 
used  by  him  officially,  and  shall  be  called  "The  Great  Seal  of  the  State  of  California." 

Sec.  14.  All  grants  and  commissions  shall  be  in  the  name  and  by  the  authority  of 
the  people  of  the  state  of  California,  sealed  with  the  great  seal  of  the  state,  signed  by 
the  governor,  and  countersigned  by  the  secretary  of  state. 

Sec.  15.  A  lieutenant  governor  shall  be  elected  at  the  same  time  and  place,  and  in 
the  same  manner,  as  the  governor,  and  his  term  of  office  and  his  qualifications  shall  be 
the  same.  He  shall  be  president  of  the  senate,  but  shall  only  have  a  casting  vote  therein. 
[Amendment  adopted  November  8,  1898.] 

Sec.  16.  In  case  of  the  impeachment  of  the  governor,  or  his  removal  from  office, 
death,  inability  to  discharge  the  powers  and  duties  of  his  office,  resignation,  or  absence 
from  the  state,  the  powers  and  duties  of  the  office  shall  devolve  upon  the  lieutenant  gov- 
ernor for  the  residue  of  the  term,  or  until  the  disability  shall  cease.  And  should  the 
lieutenant  governor  be  impeached,  disj^laced,  resign,  die,  or  become  incapable  of  per- 
forming the  duties  of  his  office,  or  be  absent  from  the  state,  the  president  pro  tempore 
of  the  senate  shall  act  as  governor  until  the  vacancy  in  the  office  of  governor  shall  be 

(  xlvll  ) 


CONSTITUTION    OF    THE    STATE    OP    CALIFORNIA. 

filled  at  the  next  general  election  when  members  of  the  legislature  shall  be  chosen,  or 
until  such  disability  of  the  lieutenant  governor  shall  cease.  In  case  of  a  vacancy  in  the 
oflfice  of  governor  for  any  of  the  reasons  above  named,  and  neither  the  lieutenant 
governor  nor  the  president  pro  tempore  of  the  senate  succeed  to  the  powers  and  duties 
of  governor,  then  the  powers  and  duties  of  such  oflflce  shall  devolve  upon  the  speaker 
of  the  assembly,  until  the  office  of  governor  shall  be  filled  at  such  general  election. 
[Amendment  adopted  November  8, 1898.] 

Sec.  17.  A  secretary  of  state,  a  controller,  a  treasurer,  an  attorney  general,  and  a 
surveyor  general  shall  be  elected  at  the  same  time  and  places,  and  in  the  same  manner, 
as  the  governor  and  lieutenant  governor,  and  their  terms  of  office  shall  be  the  same 
as  that  of  the  governor. 

Sec.  18.  The  secretary  of  state  shall  keep  a  correct  record  of  the  official  acts  of  the 
legislative  and  executive  departments  of  the  government,  and  shall,  when  required, 
lay  the  same,  and  all  matters  relative  thereto,  before  either  branch  of  the  legislature, 
and  shall  perform  such  other  duties  as  may  be  assigned  him  by  law. 

Sec.  19.  The  governor,  lieutenant  governor,  secretary  of  state,  controller,  treasurer, 
attorney  general  and  surveyor  general  shall,  at  stated  times  during  their  continuance 
in  office,  receive  for  their  services  a  compensation  which  shall  not  be  increased  or 
diminished  during  the  term  for  which  they  shall  have  been  elected,  which  compensation 
is  hereby  fixed  for  the  following  officers,  as  follows :  Governor,  ten  thousand  dollars  per 
annum;  lieutenant  governor,  four  thousand  dollars,  the  secretary  of  state,  controller, 
treasurer,  and  surveyor  general,  five  thousand  dollars  each  per  annum,  and  the  attorney 
general,  six  thousand  dollars  per  annum,  such  compensation  to  be  in  full  for  all  services 
by  them  respectively  rendered  in  any  official  capacity  or  employment  whatsoever  dur- 
ing their  respective  terms  of  office ;  provided,  however,  that  the  legislature  may,  by  law, 
diminish  the  compensation  of  any  or  all  of  such  officers,  but  in  no  case  shall  have  the 
power  to  increase  the  same  above  the  sums  hereby  fixed  by  this  constitution.  No 
salary  shall  be  authorized  by  law  for  clerical  service  in  any  office  provided  for  in  this 
article,  exceeding  eighteen  hundred  dollars  per  annum  for  each  clerk  employed.  The 
legislature  may,  in  its  discretion,  abolish  the  office  of  surveyor  general;  and  none  of 
the  officers  hereinbefore  named  shall  receive  for  their  own  use  any  fees  or  perquisites 
for  the  performance  of  any  official  duty.     [Amendment  adopted  November  3,  1908.] 

Sec.  20.  United  States  senators  shall  be  elected  by  the  people  of  the  state  in  the 
manner  provided  by  law.     [Amendment  adopted  November  3,  1914.] 

ARTICLE  VI. 
JUDICIAL  DEPARTMENT. 

Section  1.  The  judicial  power  of  the  state  shall  be  vested  in  the  senate,  sitting  as  a 
court  of  impeachment,  in  a  su^Dreme  court,  district  courts  of  appeal,  superior  courts  and 
such  inferior  courts  as  the  legislature  may  establish  in  any  incorjDorated  city  or  town, 
township,  county,  or  city  and  county.   [Amendment  adopted  October  10,  1911.] 

Sec.  2.  The  supreme  court  shall  consist  of  a  chief  justice  and  six  associate  justices. 
The  court  may  sit  in  departments  and  in  bank,  and  shall  always  be  open  for  the  trans- 
action of  business.  There  shall  be  two  departments,  denominated,  respectively,  depart- 
ment one  and  department  two.  The  chief  justice  shall  assign  three  of  the  associate 
justices  to  each  department,  and  such  assignment  may  be  changed  by  him  from  time  to 
time.  The  associate  justices  shall  be  competent  to  sit  in  either  department,  and  may 
interchange  with  each  other  by  agreement  among  themselves,  or  as  ordered  by  the 
chief  justice.  Each  of  the  departments  shall  have  the  power  to  hear  and  determine 
causes,  and  all  questions  arising  therein,  subject  to  the  provisions  hereinafter  contained 
in  relation  to  the  court  in  bank.     The  presence  of  three  justices  shall  be  necessary  to 

(  xlviii  > 


CONSTITUTION    OF    THE    STATE    OF    CALIFORNIA. 

transact  any  business  in  either  of  the  departments,  except  such  as  may  be  done  at 
chambers,  and  the  concurrence  of  three  justices  shall  be  necessary  to  pronounce  a 
judgment.  The  chief  justice  shall  apportion  the  business  to  departments,  and  may, 
in  his  discretion,  order  any  cause  pending  before  the  court  to  be  heard  and  decided 
by  the  court  in  bank.  The  order  may  be  made  before  or  after  judgment  pronounced 
bj"^  a  department;  but  where  a  cause  has  been  allotted  to  one  of  the  departments,  and 
a  judgment  pronounced  thereon,  the  order  must  be  made  within  thirty  days  after  such 
judgment,  and  concurred  in  by  two  associate  justices,  and  if  so  made  it  shall  have  the 
effect  to  vacate  and  set  aside  the  judgment.  Any  four  justices  may,  either  before  or 
after  judgment  by  a  department,  order  a  case  to  be  heard  in  bank.  If  the  order  be  not 
made  within  the  time  above  limited,  the  judgment  shall  be  final.  No  judgment  b}'  a 
department  shall  become  final  until  the  expiration  of  the  period  of  thirty  days  afore- 
said, unless  approved  by  the  chief  justice,  in  writing,  with  the  concurrence  of  two 
associate  justices.  The  chief  justice  may  convene  the  court  in  bank  at  any  time,  and 
shall  be  the  presiding  justice  of  the  court  when  so  convened.  The  concurrence  of  four 
justices  present  at  the  argument  shall  be  necessary  to  pronounce  a  judgment  in  bank ; 
but  if  four  justices,  so  present,  do  not  concur  in  a  judgment,  then  all  the  justices 
qualified  to  sit  in  the  cause  shall  hear  the  argument;  but  to  render  a  judgment  a  con- 
currence of  four  judges  shall  be  necessary.  In  the  determination  of  causes,  all  decisions 
of  the  court,  in  bank  or  in  department,  shall  be  given  in  writing,  and  the  grounds  of 
the  decision  shall  be  stated.  The  chief  justice  may  sit  in  either  department,  and  shall 
preside  when  so  sitting,  but  the  justices  assigned  to  each  department  shall  select  one 
of  their  number  as  presiding  justice.  In  case  of  the  absence  of  the  chief  justice  from 
the  place  at  which  the  court  is  held,  or  his  inability  to  act,  the  associate  justices  shall 
select  one  of  their  own  number  to  perform  the  duties  and  exercise  the  powers  of  the 
chief  justice  during  such  absence  or  inability  to  act. 

Sec.  3.  The  chief  justice  and  the  associate  justices  shall  be  elected  by  the  qualified 
electors  of  the  state  at  large  at  the  general  state  elections,  at  the  time  and  places  at 
which  state  oflBcers  are  elected;  and  the  term  of  office  shall  be  twelve  years  from  and 
after  the  first  Monday  after  the  first  day  of  Januai-y  next  succeeding  their  election; 
provided,  that  the  six  associate  justices  elected  at  the  first  election  shall,  at  their  first 
meeting,  so  classify  themselves,  by  lot,  that  two  of  them  shall  go  out  of  office  at  the 
end  of  four  years,  two  of  them  at  the  end  of  eight  years,  and  two  of  them  at  the  end 
of  twelve  years,  and  an  entry  of  such  classification  shall  be  made  in  the  minutes  of  the 
court  in  bank,  signed  by  them,  and  a  duplicate  thereof  shall  be  filed  in  the  office  of 
the  secretary  of  state.  If  a  vacancy  occur  in  the  office  of  a  justice,  the  governor  shall 
appoint  a  person  to  hold  the  office  until  the  election  and  qualification  of  a  justice  to 
fill  the  vacancy,  which  election  shall  take  place  at  the  next  succeeding  general  election, 
and  the  justice  so  elected  shall  hold  the  office  for  the  remainder  of  the  unexpired  term. 
The  first  election  of  the  justices  shall  be  the  first  general  election  after  the  adoption 
and  ratification  of  this  constitution. 

Sec.  4.  The  supreme  court  shall  have  appellate  jurisdiction  on  appeal  from  the  supe- 
rior courts  in  all  cases  in  equity,  except  such  as  arise  in  justices'  courts;  also,  in  all  cases 
at  law  which  involve  the  title  or  possession  of  real  estate,  or  the  legality  of  any  tax, 
impost,  assessment,  toll,  or  municipal  fine,  or  in  which  the  demand,  exclusive  of  interest, 
or  the  value  of  the  property  in  controversy,  amounts  to  two  thousand  dollars;  also,  in 
all  such  probate  matters  as  may  be  provided  by  law;  also,  on  questions  of  law  alone, 
in  all  criminal  cases,  where  judgment  of  death  has  been  rendered;  the  said  court  shall 
also  have  appellate  jurisdiction  in  all  cases,  matters  and  proceedings  pending  before 
a  Histrict  court  of  appeal,  which  shall  be  ordered  by  the  supreme  court  to  be  transferred 
to  itself  for  hearing  and  decision,  as  hereinafter  provided.  The  said  court  shall  also 
have  power  to  issue  writs  of  mandamus,  certiorari,  prohibition,  and  habeas  corpus,  and 

(xllx  ) 


CONSTITUTION    OF    THE    STATE    OP    CALIFORNIA* 

all  other  writs  necessary  or  proper  to  the  complete  exercise  of  its  appellate  jurisdiction. 
Each  of  the  justices  shall  have  power  to  issue  writs  of  habeas  corpus  to  any  part  of 
the  state,  upon  petition  by  or  on  behalf  of  any  person  held  in  actual  custody,  and  may 
make  such  writs  returnable  before  himself  or  the  supreme  court,  or  before  any  district 
court  of  appeal,  or  before  any  judge  thereof,  or  before  any  superior  court  in  the  state, 
or  before  any  judge  thereof. 

The  state  is  hereby  divided  into  three  appellate  districts,  in  each  of  which  there  shall 
be  a  district  court  of  appeal. 

The  courts  of  appeal  for  the  first  and  second  appellate  districts  shall  each  consist 

of  two  divisions  of  three  justices  each. 

The  court  of  the  third  appellate  district  shall  consist  of  three  justices. 

The  district  courts  of  appeal  as  existing  immediately  prior  to  the  general  election 
of  the  year  one  thousand  nine  hundred  eighteen  shall  not  be  affected  as  to  the  officers 
or  terms  of  office  of  the  justices  thereof  by  the  amendment  of  this  section  at  that  elec- 
tion; and  the  justices  of  the  district  courts  of  appeal  of  districts  of  the  first  and 
second  districts  at  the  time  of  said  general  election  shall  constitute  division  one  of  each 
of  said  districts  respectively.  Each  of  such  divisions  shall  constitute  and  shall  exercise 
all  of  the  powers  of  a  district  court  of  appeal. 

The  first  district  shall  embrace  the  following  counties :  San  Francisco,  Marin,  Contra 
Costa,  Alameda,  San  Mateo,  Santa  Clara,  Fresno,  Santa  Cruz,  Monterey  and  San  Benito. 

The  second  district  shall  embrace  the  following  counties :  Tulare,  Kings,  San  Luis 
Obispo,  Kern,  Inyo,  Santa  Barbara,  Ventura,  Los  Angeles,  San  Bernardino,  Orange, 
Riverside,  San  Diego  and  Imperial. 

The  third  district  shall  embrace  the  following  counties:  Del  Norte,  Siskiyou,  Modoc, 
Humboldt,  Trinity,  Shasta,  Lassen,  Tehama,  Plumas,  Mendocino,  Lake,  Colusa,  Glenn, 
Butte,  Sierra,  Sutter,  Yuba,  Nevada,  Sonoma,  Napa,  Yolo,  Placer,  Solano,  Sacramento, 
El  Dorado,  San  Joaquin,  Amador,  Calaveras,  Stanislaus,  Mariposa,  Madera,  Merced, 
Tuolumne,  Alpine  and  Mono. 

The  supreme  court  by  orders  entered  in  its  minutes,  may  from  time  to  time  remove 
one  or  more  counties  from  one  appellate  district  to  another,  but  no  county  not  con- 
tiguous to  another  county  of  a  district  shall  be  added  to  such  district. 

Said  district  courts  of  appeal  shall  hold  their  regular  sessions  respectively  at  San 
Francisco,  Los  Angeles  and  Sacramento,  and  they  shall  always  be  open  for  the  trans- 
action of  business. 

The  district  courts  of  appeal  shall  have  appellate  jurisdiction  on  appeal  from  the 
superior  courts  in  all  cases  at  law  in  which  the  demand,  exclusive  of  interest,  or  the 
value  of  the  property  in  controversy,  amounts  to  three  hundred  dollars,  and  does  not 
amount  to  two  thousand  dollars;  also,  in  all  eases  of  forcible  and  unlawful  entry  and 
detainer  (except  such  as  arise  in  justices'  courts),  in  proceedings  in  insolvency,  and 
in  actions  to  prevent  or  abate  a  nuisance;  in  proceedings  of  mandamus,  certiorari  and 
prohibition,  usurpation  of  office,  contesting  elections  and  eminent  domain,  and  in  such 
other  special  proceedings  as  may  be  provided  by  law  (excepting  cases  in  which  appellate 
jurisdiction  is  given  to  the  supreme  court) ;  also,  on  questions  of  law  alone,  in  all 
criminal  cases  prosecuted  by  indictment  or  information  in  a  court  of  record,  excepting 
criminal  cases  where  judgment  of  death  has  been  rendered.  The  said  courts  shall  also 
have  appellate  jurisdiction  in  all  cases,  matters,  and  proceedings  pending  before  the 
supreme  court  which  shall  be  ordered  by  the  supreme  court  to  be  transferred  to  a  dis- 
trict court  of  appeal  for  hearing  and  decision.  The  said  courts  shall  also  have  power 
to  issue  writs  of  mandamus,  certiorari,  prohibition  and  habeas  corpus,  and  all  other 
writs  necessary  or  proper   to   the   complete   exercise  of   their   appellate  jurisdiction. 

(1) 


CONSTITLTIOX    OF    THE    STATE    OF    CALIFORNIA. 

Each  of  the  justices  thereof  shall  have  power  to  issue  writs  of  habeas  corpus  to  any 
part  of  his  appellate  district  upon  petition  by  or  on  behalf  of  any  person  h«ld  in  actual 
custody,  and  may  make  such  writs  returnable  before  himself  or  the  district  court  of 
appeal  of  his  district,  or  before  any  superior  court  within  his  district,  or  before  any 
judge  thereof. 

The  supreme  court  shall  have  power  to  order  any  cause  pending  before  the  supreme 
court  to  be  heard  and  determined  by  a  district  court  of  appeal,  and  to  order  any  cause 
pending  before  a  district  court  of  appeal  to  be  heard  and  determined  by  the  supreme 
court.  The  order  last  mentioned  may  be  made  before  judgment  has  been  pronounced 
by  a  district  court  of  appeal,  or  within  thirty  days  after  such  judgment  shall  have 
become  final  therein.  The  judgments  of  the  district  courts  of  appeal  shall  become  final 
therein  upon  the  expiration  of  thirty  days  after  the  same  shall  have  been  pronounced. 

The  supreme  court  shall  have  power  to  order  causes  pending  before  a  district  court 
of  appeal  for  one  district  to  be  transferred  to  the  district  court  of  appeal  of  another 
district,  or  from  one  division  thereof  to  another,  for  hearing  and  decision. 

The  justices  of  the  district  courts  of  appeal  shall  be  elected  by  the  qualified  electors 
within  their  respective  districts  at  the  general  state  elections;  and  the  term  of  office 
of  said  justices  shall  be  twelve  years  from  and  after  the  first  day  of  January  next 
succeeding  their  election. 

Upon  the  adoption  by  the  people  of  this  section  by  amendment  at  the  general 
election  of  the  year  one  thousand  nine  hundred  eighteen,  the  governor  shall  appoint 
six  persons  to  serve  as  justices  of  the  district  courts  of  appeal — three  as  justices  of 
division  two  of  the  first  appellate  district,  and  three  as  justices  of  division  two  of 
the  second  appellate  district — from  and  after  their  qualification  and  until  the  next 
general  election  and  qualification  of  their  successors.  The  justices  of  divisions  two 
of  the  first  and  second  appellate  districts  elected  as  above  provided,  shall  so  classify 
themselves  by  lot  that  one  of  them  shall  go  out  of  office  at  the  end  of  four  years,  one 
of  them  at  the  end  of  eight  years,  and  one  of  them  at  the  end  of  twelve  years,  and  entry 
of  such  classification  shall  be  made  in  the  minutes  of  said  division,  signed  by  the  three 
justices  thereof,  and  a  duplicate  thereof  filed  in  the  office  of  the  secretary  of  state. 

If  any  vacancy  occur  in  the  office  of  a  justice  of  the  district  courts  of  appeal,  the 
governor  shall  appoint  a  person  to  hold  office  until  the  election  and  qualification  of 
a  justice  to  fill  the  vacancy.  Such  election  shall  take  place  at  the  next  succeeding 
general  state  election,  as  aforesaid;  the  justice  then  elected  shall  hold  office  for  the 
unexpired  term;  provided,  that  whenever  the  tei-m  of  office  of  the  justice  whose  place 
is  filled  by  appointment  is  fixed  by  law  to  expire  on  the  first  Monday  of  January  after 
the  next  succeeding  general  election,  then  the  person  so  appointed  to  fill  the  vacancy 
shall  hold  office  for  the  remainder  of  such  unexpired  term. 

One  of  the  justices  of  each  of  the  district  courts  of  appeal,  and  of  each  division  of 
said  courts,  shall  be  the  presiding  justice  thereof,  and  as  such  shall  be  appointed  or 
elected,  as  the  case  may  be. 

The  presence  of  two  justices  shall  be  necessary  for  the  transaction  of  any  business 
by  such  court  except  such  as  may  be  done  at  chambers,  and  the  concurrence  of  two 
justices  shall  be  necessary  to  pronounce  a  judgment. 

Whenever  any  justice  of  the  supreme  court  is  for  any  reason  disqualified  or  unable 
to  act  in  a  cause  pending  before  it,  the  remaining  justices  may  select  one  of  the  justices 
of  a  district  court  of  appeal  or  a  judge  of  the  superior  court  to  act  pro  tempore  in  the 
place  of  the  justice  so  disqualified  or  unable  to  act. 

Whenever  any  justice  of  a  district  court  of  appeal,  or  any  division  thereof,  is  for 
any  reason  disqualified  or  unable  to  act  in  any  cause  pending  before  it,  the  other 
justices  of  said  court  or  division  may  aj^point  a  justice  of  a  district  court  of  appeal  of 

(li) 


CONSTITUTION    OF    THE    SI  ATE    OF    CALIFORNIA^ 

another  district  or  division,  or  a  judge  of  the  superior  court  who  has  not  acted  in  the 
cause  in  a  court  below,  to  act  pro  tempore  in  the  place  of  the  justice  so  disqualified 
or  unable  to  act. 

No  appeal  taken  to  the  supreme  court  or  to  a  district  court  of  appeal  shall  be  dis- 
missed for  the  reason  only  that  the  same  was  not  taken  to  the  proper  court,  but  the 
cause  shall  be  transferred  to  the  proper  court  upon  such  terms  as  to  costs  or  otherwise 
as  may  be  just,  and  shall  be  proceeded  with  therein  as  if  regularly  appealed  thereto. 

All  statutes  now  in  force  allowing,  providing  for  or  regulating  appeals  to  the 
supreme  court  shall  apply  to  appeals  to  the  district  courts  of  appeal  so  far  as  such 
statutes  are  not  inconsistent  with  this  article  and  until  the  legislature  shall  otherwise 
provide. 

The  supreme  court  shall  make  and  adopt  rules  not  inconsistent  with  law  for  the 
government  of  the  supreme  coiu't  and  of  the  district  courts  of  appeal  and  of  the  officers 
thereof,  and  for  regulating  the  practice  in  said  courts,  and  for  the  distribution  of 
causes  between  the  divisions  of  said  court.     [Amendment  adopted  November  5,  1918.] 

Sec,  4%.  No  judgment  shall  be  set  aside,  or  new  trial  granted,  in  any  case,  on  the 
ground  of  misdirection  of  the  jury,  or  of  the  improper  admission  or  rejection  of  evi- 
dence, or  for  any  error  as  to  any  matter  of  pleading,  or  for  any  error  as  to  any  matter 
of  procedure,  unless,  after  an  examination  of  the  entire  cause,  including  the  evidence, 
the  court  shall  be  of  the  opinion  that  the  error  complained  of  has  resulted  in  a  mis- 
carriage of  justice.     [Amendtaent  adopted  November  3,  1914.] 

See.  5.  The  superior  court  shall  have  original  jurisdiction  in  all  cases  in  equity, 
and  in  all  cases  at  law  which  involve  the  title  or  possession  of  real  property,  or  the 
legality  of  any  tax,  impost,  assessment,  toll,  or  municipal  fine,  and  in  all  other  cases 
in  which  the  demand,  exclusive  of  interest  or  the  value  of  the  property  in  controversy 
amounts  to  three  hundred  dollars,  and  in  all  criminal  cases  amounting  to  felony,  and 
cases  of  m.isdemeanor  not  otherwise  provided  for;  of  actions  of  forcible  entiy  and 
detainer;  of  proceedings  in  insolvency;  of  actions  to  prevent  or  abate  a  nuisance;  of  all 
matters  of  probate;  of  divorce  and  for  annulment  of  marriage;  and  of  all  such  special 
cases  and  proceedings  as  are  not  otherwise  provided  for,  and  said  court  shall  have  the 
power  of  naturalization,  and  to  issue  papers  therefor.  They  shall  have  appellate  juris- 
diction in  such  cases  arising  in  inferior  courts  in  their  respective  counties  as  may  be 
prescribed  by  law.  They  shall  be  always  open  (legal  holidaj's  and  non-judicial  days 
excepted),  and  their  process  shall  extend  to  all  parts  of  the  State;  provided,  that  all 
actions  for  the  recovery  of  the  possession  of,  quieting  the  title  to,  or  for  the  enforce- 
ment of  liens  upon  real  estate,  shall  be  commenced  in  the  county  in  which  the  real 
estate,  or  any  part  thereof,  affected  by  such  action  or  actions,  is  situated.  Said  courts, 
and  their  judges,  shall  have  power  to  issue  writs  of  mandamus,  certiorari,  prohibition, 
quo  warranto,  and  habeas  corpus,  on  petition  by  or  on  behalf  of  any  person  in  actual 
custody,  in  their  respective  counties.  Injunctions  and  writs  of  prohibition  may  be 
issued  and  served  on  legal  holidays  and  non-judicial  days.  [Amendment  adopted  Octo- 
ber 10,  1911.] 

Sec.  6.  There  shall  be  in  each  of  the  organized  counties,  or  cities  and  counties, 
of  the  state,  a  superior  court,  for  each  of  which  at  least  one  judge  shall  be  elected  by 
the  qualified  electors  of  the  county,  or  city  and  county,  at  the  general  state  election; 
provided,  that  until  otherwise  ordered  by  the  legislature,  only  one  judge  shall  be  elected 
for  the  counties  of  Yuba  and  Sutter,  and  that  in  the  city  and  county  of  San  Francisco 
there  shall  be  elected  twelve  judges  of  the  superior  court,  any  one  or  more  of  whom  may 
hold  court.  There  may  be  as  many  sessions  of  said  court,  at  the  same  time,  as  there 
are  judges  thereof.  The  said  judges  shall  choose,  from  their  own  number,  a  presiding 
judge,  who  may  be  removed  at  their  pleasure.     He  shall  distribute  the  business  of  the 


COXSTITLTIOX    OF    THE    STATE    OF    CALIFORNIA. 

court  among  the  judges  thereof,  and  prescribe  the  order  of  business.  The  judgments, 
orders,  and  proceedings  of  any  session  of  the  superior  court  held  by  any  one  or  more 
of  the  judges  of  said  courts,  respectively,  shall  be  equally  effectual  as  if  all  the  judges 
of  said  respective  courts  presided  at  such  session.  In  each  of  the  counties  of  Sacra- 
mento. San  Joaquin,  Los  Angeles,  Sonoma,  Santa  Clara,  and  Alameda  there  shall  be 
elected  two  such  judges.  The  term  of  ofiBce  of  judges  of  the  superior  courts  shall  be  six 
years  from  and  after  the  first  Monday  of  January  next  succeeding  their  election;  pro- 
vided, that  the  twelve  judges  of  the  superior  court  elected  in  the  city  and  county  of 
San  Francisco,  at  the  first  election  held  under  this  constitution,  shall  at  their  first  meet- 
ing so  classify  themselves,  by  lot,  that  four  of  them  shall  go  out  of  ofiSce  at  the  end  of 
two  years,  and  four  of  them  shall  go  out  of  office  at  the  end  of  four  years,  and  four 
of  them  shall  go  out  of  office  at  the  end  of  six  years,  and  an  entry  of  such  classification 
shall  be  made  in  the  minutes  of  the  court,  signed  by  them,  and  a  duplicate  thereof  filed 
in  the  office  of  the  secretary  of  state.  The  first  election  of  judges  of  the  superior  courts 
shall  take  place  at  the  first  general  election  held  after  the  adoption  and  ratification  of 
this  constitution.  If  a  vacancy  occur  in  the  office  of  judge  of  a  superior  court,  the  gov- 
ernor shall  appoint  a  person  to  hold  the  office  until  the  election  and  qualification  of  a 
judge  to  fill  the  vacancy,  which  election  shall  take  place  at  the  next  succeeding  general 
election,  and  the  judge  so  elected  shall  hold  office  for  the  remainder  of  the  unexpired 
term. 

Sec.  7.  In  any  county,  or  city  and  county,  other  than  the  city  and  county  of 
San  Francisco,  in  which  there  shall  be  more  than  one  judge  of  the  superior  court  the 
judges  of  such  court  may  hold  as  many  sessions  of  said  court  at  the  same  time  as  there 
are  judges  thereof,  and  shall  apportion  the  business  among  themselves  as  equally  as 
may  be. 

Sec.  8.  A  judge  of  any  superior  court  may  hold  a  superior  court  in  any  county, 
at  the  request  of  a  judge  of  the  superior  court  thereof,  and  upon  the  request  of  the 
governor  it  shall  be  his  duty  so  to  do.  But  a  cause  in  the  superior  court  may  be  tried 
by  a  judge  pro  tempore,  who  must  be  a  member  of  the  bar,  agreed  upon  in  writing  by 
the  parties  litigant,  or  their  attorneys  of  record,  and  sworn  to  try  the  cause,  and  the 
person  so  selected  shall  be  empowered  to  act  in  such  capacity  in  all  further  proceedings 
in  any  suit  or  proceedings  tried  before  him  until  the  final  determination  thereof.  There 
may  be  as  many  sessions  of  a  superior  court  at  the  same  time  as  there  are  judges  thereof, 
including  any  judge  or  judges  acting  upon  request,  or  any  judge  or  judges  pro  tempore. 
The  judgments,  orders,  acts  and  proceedings  of  any  session  of  any  superior  court  held 
by  one  or  more  judges  acting  upon  request,  or  judge  or  judges  pro  tempore,  shall  be 
equally  effective  as  if  the  judge  or  all  of  the  judges  of  such  court  presided  at  such 
session.     [Amendment  adopted  November  8,  1910.] 

See.  9.  The  legislature  shall  have  no  power  to  grant  leave  of  absence  to  any  judi- 
cial officer;  and  any  such  officer  who  shall  absent  himself  from  the  state  for  more 
than  sixty  consecutive  days  shall  be  deemed  to  have  forfeited  his  office.  The  legislature 
of  the  state  may,  at  any  time,  two-thirds  of  the  members  of  the  senate  and  two-thirds  of 
the  members  of  the  assembly  voting  therefor,  increase  or  diminish  the  number  of  judges 
of  the  superior  court  in  any  county,  or  city  and  county,  in  the  state;  provided,  that  no 
such  reduction  shall  affect  any  judge  who  has  been  elected. 

Sec.  10.  Justices  of  the  supreme  court,  and  of  the  district  courts  of  appeal,  and 
judges  of  the  superior  courts  may  be  removed  by  concurrent  resolution  of  both  houses 
of  the  legislature  adopted  by  a  two-thirds  vote  of  each  house.  All  other  judicial  officers, 
except  justices  of  the  peace,  may  be  removed  by  the  senate  on  the  recommendation  of 
the  governor;  but  no  removal  shall  be  made  by  virtue  of  this  section  unless  the  cause 
thereof  be  entered  on  the  journal,  nor  unless  the  party  complained  of  has  been  served 
with  a  copy  of  the  complaint  against  him  nnd  shall  have  had  an  opportunity  of  being 

(  liii  ) 


CONSTITUTION    OF   THE    STATE    OP    CALIFORNIA, 

heard  in  his  defense.    On  the  question  of  removal  the  ayes  and  noes  shall  be  entered  on 
the  journal.     [Amendment  adopted  November  8,  1904.] 

Sec.  11.  The  legislature  shall  determine  the  number  of  each  of  the  inferior  courts 
in  incorporated  cities  or  towns,  and  in  townships,  counties,  or  cities  and  counties, 
according  to  the  population  thereof  and  the  number  of  judges  or  justices  thereof,  and 
shall  fix  by  law  the  powers,  duties  and  responsibilities  of  each  of  such  courts  and  of 
the  judges  or  justices  thereof;  provided,  such  powers  shall  not  in  any  case  trench  upon 
the  jurisdiction  of  the  several  courts  of  record,  except  that  the  legislature  shall  provide 
that  said  courts  shall  have  concurrent  jurisdiction  with  the  superior  courts  in  cases  of 
forcible  entry  and  detainer,  where  the  rental  value  does  not  exceed  twenty-five  dollars 
per  month,  and  where  the  whole  amount  of  damages  claimed  does  not  exceed  two  hun- 
dred dollars,  and  in  cases  to  enforce  and  foreclose  liens  on  personal  property  when 
neither  the  amount  of  liens  nor  the  value  of  the  property  amounts  to  three  hundred 
dollars.     [Amendment  adopted  October  10,  1911.] 

Sec.  12.  The  supreme  court,  the  district  courts  of  appeal,  the  superior  courts,  and 
such  other  courts  as  the  legislature  shall  prescribe,  shall  be  courts  of  record.  [Amend- 
ment adopted  November  8,  1904.] 

Sec.  13.  The  legislature  shall  fix  by  law  the  jurisdiction  of  any  inferior  courts 
which  may  be  established  in  pursuance  of  section  one  of  this  article,  and  shall  fix  by 
law  the  powers,  duties,  and  responsibilities  of  the  judges  thereof. 

Sec.  14.  The  county  clerks  shall  be  ex  officio  clerks  of  the  courts  of  record  in 
and  for  their  respective  counties,  or  cities  and  counties.  The  legislature  may  also  pro- 
vide for  the  appointment,  by  the  several  superior  courts,  of  one  or  more  commissioners 
in  their  respective  counties,  or  cities  and  counties,  with  authority  to  perform  chamber 
business  of  the  judges  of  the  superior  courts,  to  take  depositions,  and  perform  such 
other  business  connected  with  the  administration  of  justice  as  may  be  prescribed  by 
law.     [Amendment  adopted  October  10,  1911.] 

Sec.  15.  No  judicial  officer,  except  court  commissioners,  shall  receive  to  his  own 
use  any  fees  or  perquisites  of  office;  provided,  that  justices  of  the  peace  now  holding 
office  shall  receive  to  their  own  use  such  fees  as  are  now  allowed  by  law  during  the 
terms  for  which  they  have  been  elected.     [Amendment  adopted  October  10,  1911.] 

Sec.  16.  The  legislature  shall  provide  for  the  speedy  publication  of  such  opinions 
of  the  supreme  court  and  of  the  district  courts  of  appeal  as  the  supreme  court  may 
deem  expedient,  and  all  opinions  shall  be  free  for  publication  by  any  person.  [Amend- 
ment adopted  November  8,  1904.] 

Sec.  17.  The  justices  of  the  supreme  court  and  of  the  district  courts  of  appeal, 
and  the  judges  of  the  superior  courts,  shall  severally,  at  stated  times  during  their  con- 
tinuance in  office,  receive  for  their  service  such  compensation  as  is  or  shall  be  provided 
by  law.  The  salaries  of  the  judges  of  the  superior  court,  in  all  counties  having  but  one 
judge,  and  in  all  counties  in  which  the  terms  of  the  judges  of  the  superior  court  expire 
at  the  same  time,  shall  not  hereafter  be  increased  or  diminished  after  their  election,  nor 
during  the  term  for  which  they  shall  have  been  elected.  Upon  the  adoption  of  this 
amendment  the  salaries  then  established  by  law  shall  be  paid  uniformly  to  the  justices 
and  judges  then  in  office.  The  salaries  of  the  justices  of  the  supreme  court  and  of  the 
district  courts  of  appeal  shall  be  paid  by  the  state.  One-half  of  the  salary  of  each 
superior  court  judge  shall  be  paid  by  the  state;  and  the  other  half  thereof  shall  be 
paid  by  the  county  for  which  he  is  elected.  On  and  after  the  first  day  of  January,  A.  D., 
one  thousand  nine  hundred  and  seven,  the  justices  of  the  supreme  court  shall  each 
receive  an  annual  salary  of  eight  thousand  dollars,  and  the  justices  of  the  several  dis- 
trict courts  of  appeal  shall  receive  an  annual  salary  of  seven  thousand  dollars;  the  said 
salaries  to  be  payable  monthly.     [Amendment  adopted  November  6,  1906.] 

(Hv) 


CONSTITl'TIOIV    OF    THE    STATE    OF    CALIFORNIA. 

Sec.  18.  The  justices  of  the  supreme  court,  and  of  the  district  courts  of  appeal, 
and  the  judges  of  the  superior  courts  shall  be  ineligible  to  any  other  office  or  public 
employment  than  a  judicial  office  or  employment  during  the  term  for  which  they  shall 
have  been  elected.     [Amendment  adopted  November  8,  1904.] 

Sec.  19.  Judges  shall  not  charge  juries  with  respect  to  matters  of  fact,  but  may 
state  the  testimony  and  declare  the  law. 

Sec.  20.  The  style  of  process  shall  be  "The  People  of  the  State  of  California," 
and  all  prosecutions  shall  be  conducted  in  their  names  and  by  their  authority. 

Sec.  21.  The  supreme  court  shall  appoint  a  clerk  of  the  supreme  court;  provided, 
however,  that  any  person  elected  to  the  office  of  clerk  of  the  supreme  court  before  the 
adoption  hereof,  shall  continue  to  hold  such  office  until  the  expiration  of  the  term  for 
which  he  may  have  been  elected.  Said  court  may  also  appoint  a  reporter  and  not  more 
than  three  assistant  reporters  of  the  decisions  of  the  supreme  court  and  of  the  district 
courts  of  appeal.  Each  of  the  district  courts  of  appeal  shall  appoint  its  own  clerk.  All 
the  officers  herein  mentioned  shall  hold  office  and  be  removable  at  the  pleasure  of  the 
courts  by  which  they  are  severally  appointed,  and  they  shall  receive  such  compensation 
as  shall  be  prescribed  by  law,  and  discharge  such  duties  as  shall  be  prescribed  by  law, 
or  by  the  rules  or  orders  of  the  courts  by  which  they  are  severally  appointed.  [Amend- 
ment adopted  October  10,  1911.] 

Sec.  22.  No  judge  of  a  court  of  record  shall  practice  law  in  any  court  of  this 
state  during  his  continuance  in  office. 

Sec.  23.  No  one  shall  be  eligible  to  the  office  of  a  justice  of  the  supreme  court,  or 
of  a  district  court  of  appeal,  or  of  a  judge  of  a  superior  court,  unless  he  shall  have  been 
admitted  to  practice  before  the  supreme  court  of  the  state.  [Amendment  adopted 
November  8,  1904.] 

Sec.  24.  No  judge  of  the  supreme  court  nor  of  a  district  court  of  appeal,  nor 
of  a  superior  court,  shall  draw  or  receive  any  monthly  salary  unless  he  shall  make  and 
subscribe  an  affidavit  before  an  officer  entitled  to  administer  oaths,  that  no  cause  in  hia 
court  remains  pending  and  undecided,  that  has  been  submitted  for  decision  for  a  period 
of  ninety  days.  In  the  determination  of  causes  all  decisions  of  the  supreme  court  and 
of  the  district  courts  of  appeal  shall  be  given  in  writing,  and  the  grounds  of  the  deci- 
sions shall  be  stated.  When  the  justices  of  a  district  court  of  appeal  are  unable  to  con- 
cur in  a  judgment,  they  shall  give  their  several  opinions  in  writing  and  cause  copies 
thereof  to  be  forwarded  to  the  supreme  court.  [Amendment  adopted  November  8, 
1904.] 

See.  25.  The  present  supreme  court  commission  shall  be  abolished  at  the  expira- 
tion of  its  present  term  of  office,  and  no  supreme  court  commission  shall  be  created  or 
provided  for  after  January  1,  A.  D.  1905.     [New  section  adopted  November  8,  1904.] 

ARTICLE  VII. 

PARDONING  POWER. 
Section  1.  The  governor  shall  have  the  power  to  grant  reprieves,  pardons,  and  com- 
mutations of  sentence,  after  conviction,  for  all  offenses  except  treason  and  cases  of 
impeachment,  upon  such  conditions,  and  with  such  restrictions  and  limitations,  as  he 
may  think  proper,  subject  to  such  regulations  as  may  be  provided  by  law  relative  to 
the  manner  of  applying  for  pardons.  Upon  conviction  for  treason,  the  goveraor  shall 
have  power  to  suspend  the  execution  of  the  sentence  until  the  case  shall  be  reported  to 
the  legislature  at  its  next  meeting,  when  the  legislature  shall  either  pardon,  direct  the 
execution  of  the  sentence,  or  grant  a  further  reprieve.  The  governor  shall  communicate 
to  the  legislature,  at  the  beginning  of  every  session,  every  case  of  reprieve  or  pardon 

(It) 


CONSTITUTION    OF   THE    STATE    OP    CALIFORNIA. 

granted,  stating  the  name  of  the  convict,  the  crime  for  which  he  was  convicted,  the 
sentence,  its  date,  the  date  of  the  pardon  or  reprieve,  and  the  reasons  for  granting  the 
same.  Xeither  the  governor  nor  the  legislature  shall  have  power  to  grant  pardons,  or 
commutations  of  sentence,  in  any  case  where  the  convict  has  been  twice  convicted  of  a 
felony,  unless  upon  the  written  recommendation  of  a  majority  of  the  judges  of  the 
supreme  court. 

ARTICLE  Vin. 

MILITIA. 

Section  1.  The  legislature  shall  provide,  by  law,  for  organizing  and  disciplining  the 
militia,  in  such  manner  as  it  may  deem  expedient,  not  incompatible  with  the  constitution 
and  laws  of  the  United  States.  Officers  of  the  militia  shall  be  elected  or  appointed  in 
such  manner  as  the  legislature  shall,  from  time  to  time,  direct,  and  shall  be  commis- 
sioned by  the  governor.  The  governor  shall  have  power  to  call  forth  the  militia  to 
execute  the  laws  of  the  state,  to  suppress  insurrections,  and  repel  invasions. 

Sec.  2.  All  military  organizations  provided  for  by  this  constitution,  or  any  law 
of  this  state,  and  receiving  state  support,  shall,  while  under  arms,  either  for  ceremony 
or  duty,  carrj'  no  device,  banner,  or  flag  of  any  state  or  nation,  except  that  of  the 
United  States  or  the  state  of  California. 


ARTICLE  IX. 
EDUCATION. 

Section  1.  A  general  diffusion  of  knowledge  and  intelligence  being  essential  to  the 
preservation  of  the  rights  and  liberties  of  the  people,  the  legislature  shall  encourage  by 
all  suitable  means  the  promotion  of  intellectual,  scientific,  moral  and  agricultural 
improvement. 

Sec,  2.  A  superintendent  of  public  instruction  shall,  at  each  gubernatorial  election 
after  the  adoption  of  this  constitution,  be  elected  by  the  qualified  electors  of  the 
state.  He  shall  receive  a  salarj'  equal  to  that  of  the  secretary  of  state,  and  shall  enter 
upon  the  duties  of  his  office  on  the  first  Monday  after  the  first  day  of  January  next 
succeeding  his  election. 

Sec.  3.  A  superintendent  of  schools  for  each  county  shall  be  elected  by  the  qualified 
electors  thereof  at  each  gubernatorial  election;  provided,  that  the  legislature  may 
authorize  two  or  more  counties  to  unite  and  elect  one  superintendent  for  the  counties 
so  uniting. 

Sec.  4.  The  proceeds  of  all  lands  that  have  been  or  may  be  granted  by  the 
United  States  to  this  state  for  the  support  of  common  schools,  which  may  be,  or  may 
have  been,  sold  or  disposed  of,  and  the  five  hundred  thousand  acres  of  land  granted 
to  the  new  states  under  an  act  of  congress  distributing  the  proceeds  of  the  public  lands 
among  the  several  states  of  the  Union,  approved  A.  D.  one  thousand  eight  hundred  and 
forty-one,  and  all  estates  of  deceased  persons  who  may  have  died  without  leaving  a  will 
or  heir,  and  also  such  per  cent  as  may  be  granted  or  may  have  been  granted,  by  con- 
gress on  the  sale  of  lands  in  this  state,  shall  be  and  remain  a  perpetual  fund,  the  interest 
of  which,  together  with  all  the  rents  of  the  unsold  lands,  and  such  other  means  as  the 
legislature  may  provide,  shall  be  inviolably  appropriated  to  the  support  of  common 
schools  throughout  the  state. 

Sec.  5.  The  legislature  shall  provide  for  a  system  of  common  schools,  by  which 
a  free  school  shall  be  kept  up  and  supported  in  each  district  at  least  six  months  in 
every  year,  after  the  first  year  in  which  a  school  has  been  established. 

(Ivl  ) 


CONSTITUTIOX    OF    TIIC    STATE    OF    CALIFORNIA. 

See.  G.  The  public  school  system  shall  include  day  and  evening  elementary  schools, 
and  such  day  and  evening  secondary  schools,  technical  schools,  kindergarten  schools 
and  normal  schools  or  teachers'  colleges,  as  may  be  established  by  the  legislature,  or 
by  municipal  or  district  authority. 

The  legislature  shall  add  to  the  state  school  fund  such  other  means  from  the  revenues 
of  the  state  as  shall  provide  in  said  fund  for  distribution  in  each  school  year  in  such 
manner  as  the  legislature  shall  provide  an  amount  not  less  than  thirty  dollars  per  pupil 
in  average  daily  attendance  in  the  day  and  evening  elementary  schools  in  the  public 
school  system  during  the  next  preceding  school  yeai\ 

The  legislature  shall  provide  a  state  high  school  fund  from  the  revenues  of  the  state 
for  the  support  of  day  and  evening  secondary  and  technical  schools,  which  for  each 
school  year,  shall  provide  for  distribution  in  such  manner  as  the  legislature  shall  pro- 
vide an  amount  not  less  than  thirty  dollars  per  pupil  in  average  daily  attendance  in  the 
day  and  evening  secondary  and  technical  schools  in  the  public  school  system  during  the 
next  preceding  school  year. 

The  legislature  shall  provide  for  the  levying  of  a  county,  and  city  and  county,  elemen- 
tary school  tax,  by  the  board  of  supervisors  of  each  county,  and  city  and  county,  suffi- 
cient in  amount  to  produce  a  sum  of  money  not  less  than  the  amount  of  money  to  be 
received  during  the  current  school  year  from  the  state  for  the  support  of  the  public 
day  and  evening  elementary  schools  of  the  county,  or  city  and  county;  provided  that 
said  elementary  school  tax  levied  by  any  board  of  supervisors  shall  produce  not  less 
than  thirt}'  dollars  per  pupil  in  average  daily  attendance  in  the  public  day  and  evening 
elementary  schools  of  the  county,  or  city  and  county,  during  the  next  preceding  school 
year. 

The  legislature  shall  provide  for  the  levying  of  a  county,  and  city  and  county,  high 
school  tax  by  the  board  of  supervisors  of  each  county,  and  city  and  county  sufficient  in 
amount  to  produce  a  sum  of  money  not  less  than  twice  the  amount  of  money  to  be 
received  during  the  current  school  year  from  the  state  for  the  support  of  the  public  day 
and  evening  secondary  and  technical  schools  of  the  county,  or  city  and  county;  pro- 
vided that  the  high  school  tax  levied  by  the  board  of  supervisors  shall  produce  not  less 
than  sixty  dollars  per  pupil  in  average  daih'  attendance  in  the  public  day  and  evening 
secondary  schools  of  the  county,  or  city  and  county,  during  the  next  preceding  school 
year. 

The  legislature  shall  provide  for  the  levying  of  school  district  taxes  by  the  board  of 
supervisors  of  each  county,  and  city  and  county,  for  the  support  of  public  elementary 
schools,  secondary  schools,  technical  schools,  and  kindergarten  schools,  or  for  any  other 
public  school  purpose  authorized  by  the  legislature. 

The  entire  amount  of  money  provided  by  the  state,  and  not  less  than  sixty  per  cent 
of  the.  amount  of  money  provided  by  county,  or  city  and  county,  school  taxes  shall  be 
applied  exclusively  to  the  payment  of  public  school  teachers'  salaries. 

The  revenues  provided  for  the  public  school  system  for  the  school  year  ending 
June  30,  1921,  shall  not  be  affected  by  this  amendment  except  as  the  legislature  may 
provide.     [Amendment  adopted  November  2,  1920.] 

Sec.  7.  The  legislature  shall  provide  for  the  appointment  or  election  of  a  state 
board  of  education,  and  said  board  shall  provide,  compile,  or  cause  to  be  compiled, 
and  adopt,  a  uniform  series  of  textbooks  for  use  in  the  day  and  evening  elementary 
schools  throughout  the  state.  The  state  board  may  cause  such  textbooks,  when  adopted, 
to  be  printed  and  published  by  the  superintendent  of  state  printing,  at  the  state  printing 
office;  and  wherever  and  however  such  textbooks  may  be  printed  and  published,  they 
shall  be  furnished  and  distributed  by  the  state  free  of  cost  or  any  charge  whatever,  to 
all  children  attending  the  day  and  evening  elementary  schools  of  the  state,  under  such 

(  Ivii  ) 


CONSTITUTION    OF    THE    STATE    OF    CALIFORNIA. 

conditions  as  the  legislature  shall  prescribe.  The  textbooks,  so  adopted,  shall  continue 
in  use  not  less  tha.n  four  years,  without  any  change  or  alteration  whatsoever  which  will 
require  or  necessitate  the  furnishing  of  new  books  to  such  pupils,  and  said  state  board 
shall  perform  such  other  duties  as  may  be  prescribed  b}'  law.  The  legislature  shall  pro- 
vide for  a  board  of  education  in  each  county  in  the  state.  The  county  superintendents 
and  the  county  boards  of  education  shall  have  control  of  the  examination  of  teachers 
and  the  granting  of  teachers'  certificates  within  their  respective  jurisdictions.  [Amend- 
ment adopted  November  5,  1912.] 

Sec.  8.  No  public  money  shall  ever  be  appropriated  for  the  support  of  any  sec- 
tarian or  denominational  school,  or  any  school  not  under  the  exclusive  control  of  the 
officers  of  the  public  schools;  nor  shall  any  sectarian  or  denominational  doctrine  be 
taught,  or  instruction  thereon  be  permitted,  directly  or  indirectly,  in  any  of  the  com- 
mon schools  of  this  state. 

Sec.  9.  The  University  of  California  shall  constitute  a  public  trust,  to  be  admin- 
istered by  the  existing  corporation  known  as  ' '  The  regents  of  the  University  of  Califor- 
nia,"  with  full  powers  of  organization  and  government,  subject  only  to  such  legislative 
control  as  may  be  necessary  to  insure  compliance  with  the  terms  of  the  endowments  of 
the  university  and  the  security  of  its  funds.  Said  corporation  shall  be  in  form  a  board 
composed  of  eight  ex  officio  members,  to  wit :  the  governor,  the  lieutenant  governor,  the 
speaker  of  the  assembly,  the  superintendent  of  public  instruction,  the  president  of  the 
state  board  of  agriculture,  the  president  of  the  Mechanics  Institute  of  San  Francisco, 
the  president  of  the  alumni  association  of  the  university  and  the  acting  president  of 
the  university,  and  sixteen  appointive  members  appointed  by  the  governor;  provided, 
however,  that  the  present  appointive  members  shall  hold  office  until  the  expiration  of 
their  present  terms.  The  term  of  the  appointive  members  shall  be  sixteen  years;  the 
terms  of  two  appointive  members  to  expire  as  heretofore  on  March  first  of  every  even- 
numbered  calendar  year,  and  in  case  of  any  vacancy  the  term  of  office  of  the  appointee 
to  fill  such  vacancy,  who  shall  be  appointed  by  the  governor,  to  be  for  the  balance  of 
the  term  as  to  which  such  vacancy  exists.  Said  corporation  shall  be  vested  with  the 
legal  title  and  the  management  and  disposition  of  the  property  of  the  university  and  of 
property  held  for  its  benefit  and  shall  have  the  power  to  take  and  hold,  either  by  pur- 
chase or  by  donation,  or  gift,  testamentary  or  otherwise,  or  in  any  other  manner,  with- 
out restriction,  all  real  and  personal  property  for  the  benefit  of  the  university  or  inci- 
dentally to  its  conduct.  Said  corporation  shall  also  have  all  the  powers  necessary  or 
convenient  for  the  effective  administration  of  its  trust,  including  the  power  to  sue  and 
to  be  sued,  to  use  a  seal,  and  to  delegate  to  its  committees  or  to  the  faculty  of  the  univer- 
sity, or  to  other,  such  authority  or  functions  as  it  may  deem  wise;  provided,  that  all 
moneys  derived  from  the  sale  of  public  lands  donated  to  this  state  by  act  of  congress 
approved  July  2,  1862  (and  the  several  acts  amendatory  thereof),  shall  be  invested  as 
provided  by  said  acts  of  congress  and  the  income  from  said  moneys  shall  be  inviolabh' 
appropriated  to  the  endowment,  support  and  maintenance  of  at  least  one  college  of 
agriculture,  where  the  leading  objects  shall  be  (without  excluding  other  scientific  and 
classical  studies,  and  including  military  tactics)  to  teach  such  branches  of  learning  as 
are  related  to  scientific  and  practical  agriculture  and  mechanic  arts,  in  accordance  with 
the  requirements  and  conditions  of  said  acts  of  congress;  and  the  legislature  shall  pro- 
vide that  if,  through  neglect,  misappropriation,  or  any  other  contingency,  any  portion 
of  the  funds  so  set  apart  shall  be  diminished  or  lost,  the  state  shall  replace  such  portion 
so  lost  or  misappropriated,  so  that  the  principal  thereof  shall  remain  forever  undimin- 
ished. The  university  shall  be  entirely  independent  of  all  political  or  sectarian  influence 
and  kept  free  therefrom  in  the  appointment  of  its  regents  and  in  the  administration  of 
its  affairs,  and  no  person  shall  be  debarred  admission  to  any  department  of  the  univer- 
sity on  account  of  sex.     [Amendment  adopted  November  5,  1918.] 

(  Iviil  ) 


CONSTITlTIO>    OF    THE    STATE    OF    CALIFORNIA. 

Sec.  10.  The  trusts  and  estates  created  for  the  founding,  endowment,  and  main- 
tenance of  the  Leland  Stanford  Junior  University,  under  and  in  accordance  with  "An 
act  to  advance  learning,"  etc.,  approved  March  ninth,  eighteen  hundred  and  eighty-five, 
by  the  endowment  grant  executed  by  Leland  Stanford  and  Jane  Lathrop  Stanford  on 
the  eleventh  day  of  November,  A.  D.  eighteen  hundred  and  eighty-five,  and  recorded  in 
liber  eighty-three  of  deeds,  at  page  twenty-three  et  seq.,  records  of  Santa  Clara  county, 
and  by  the  amendments  of  such  grant,  and  by  gifts,  grants,  bequests,  and  devises  sup- 
plementary thereto,  and  by  confirmatory  grants,  are  permitted,  approved,  and  con- 
firmed. The  board  of  trustees  of  the  Leland  Stanford  Junior  University  (as  such)  or  in 
the  name  of  the  institution,  or  by  other  intelligible  designation  of  the  trustees  of  the 
institution,  may  receive  property,  real  or  personal,  and  wherever  situated,  by  gift, 
grant,  devise,  or  bequest,  for  the  benefit  of  the  institution,  or  of  any  department  thereof, 
and  such  property,  unless  otherwise  provided,  shall  be  held  by  the  trustees  of  the 
Leland  Stanford  Junior  University  upon  the  trusts  provided  for  in  the  grant  founding 
the  university,  and  amendments  thereof,  and  grants,  bequests,  and  devises  supplemen- 
tary thereto.  The  legislature,  by  special  act,  may  grant  to  the  trustees  of  the  Leland 
Stanford  Junior  University  corporate  powers  and  privileges,  but  it  shall  not  thereby 
alter  their  tenure,  or  limit  their  powers  or  obligations  as  trustees.  All  property  now  or 
hereafter  held  in  trust  for  the  founding,  maintenance,  or  benefit  of  the  Leland  Stanford 
Junior  University,  or  of  any  department  thereof,  may  be  exempted  by  special  act  from 
state  taxation,  and  all  personal  property  so  held,  the  Palo  Alto  farm  as  described  in  the 
endowment  grant  to  the  trustees  of  the  university,  and  all  other  real  property  so  held 
and  used  by  the  university  for  educational  purposes  exclusively,  may  be  similarly 
exempted  from  county  and  municipal  taxation;  provided,  that  residents  of  California 
shall  be  charged  no  fees  for  tuition  unless  such  fees  be  authorized  by  act  of  the  legisla- 
ture.    [New  section  adopted  November  6,  1900.] 

Sec.  11.  All  property  now  or  hereafter  belonging  to  **The  California  School  of 
Mechanical  Arts,"  an  institution  founded  and  endowed  by  the  late  James  Lick  to  edu- 
cate males  and  females  in  the  practical  arts  of  life,  and  incorporated  under  the  laws 
of  the  state  of  California,  November  twenty-third,  eighteen  hundred  and  eighty-five, 
having  its  school  buildings  located  in  the  city  and  county  of  San  Francisco,  shall  be 
exempt  from  taxation.  The  trustees  of  said  institution  must  annually  report  their  pro- 
ceedings and  financial  accounts  to  the  governor.  The  legislature  may  modify,  suspend, 
and  revive  at  will  the  exemption  from  taxation  herein  given.  [New  section  adopted 
November  6, 1900.] 

Sec.  12.  All  property  now  or  hereafter  belonging  to  the  "California  Academy 
of  Sciences,"  an  institution  for  the  advancement  of  science  and  maintenance  of  a  free 
museum,  and  chiefly  endowed  by  the  late  James  Lick,  and  incorporated  under  the  laws 
of  the  state  of  California,  January  sixteenth,  eighteen  hundred  and  seventy-one,  having 
its  buildings  located  in  the  city  and  county  of  San  Francisco,  shall  be  exempt  from 
taxation.  The  trustees  of  said  institution  must  annually  report  their  proceedings  and 
financial  accounts  to  the  governor.  The  legislature  may  modify,  suspend,  and  revive 
at  will  the  exemption  from  taxation  herein  given.  [New  section  adopted  November  8, 
1904.] 

Sec.  13.  All  property  now  or  hereafter  belonging  to  the  Cogswell  Polytechnical 
College,  an  institution  for  the  advancement  of  learning,  incorporated  under  the  laws 
of  the  state  of  California,  and  having  its  buildings  located  in  the  city  and  county  of 
San  Francisco,  shall  be  exempt  from  taxation.  The  trustees  of  said  institution  must 
annuallj-  report  their  proceedings  and  financial  accounts  to  the  governor.  The  legisla- 
ture may  modify,  suspend,  and  revive  at  will  the  exemption  from  taxation  herein 
given.     [New  section  adopted  November  6,  1006.] 

(  lix  ) 


CONSTITUTION    OF    THE    STATE    OF    CALIFORNIA. 

ARTICLE  X. 
STATE  INSTITUTIONS  AND  PUBLIC  BUILDINGS. 

Section  1.  There  shall  be  a  state  board  of  prison  directors,  to  consist  of  five  persons, 
to  be  appointed  by  the  governor,  with  the  advice  and  consent  of  the  senate,  who  shall 
hold  office  for  ten  years,  excej^t  that  the  first  appointed  shall,  in  such  manner  as  the 
legislature  may  direct,  be  so  classified  that  the  term  of  one  person  so  appointed  shall 
expire  at  the  end  of  each  two  years  during  the  first  ten  years,  and  vacancies  occurring 
shall  be  filed  in  like  manner.  The  appointee  to  a  vacancy  occurring  before  the  expira- 
tion of  a  term  shall  hold  office  only  for  the  unexpired  term  of  his  predecessor.  The 
governor  shall  have  the  power  to  remove  either  of  the  directors  for  misconduct,  incom- 
petency, or  neglect  of  duty,  after  an  opportunity  to  be  heard  upon  written  charges. 

Sec.  2.  The  board  of  directors  shall  have  the  charge  and  superintendence  of  the 
state  prison,  and  shall  possess  such  powers  and  perform  such  duties,  in  respect  to  other 
penal  and  reformatory  institutions  of  the  state,  as  the  legislature  may  prescribe. 

Sec.  3.  The  board  shall  appoint  the  warden  and  clerk,  and  determine  the  other 
necessary  officers  of  the  prisons.  The  board  shall  have  power  to  remove  the  wardens 
and  clerks  for  misconduct,  incompetency,  or  neglect  of  duty.  All  other  officers  and 
employees  of  the  prisons  shall  be  appointed  by  the  warden  thereof,  and  be  removed  at 
his  pleasure.  ^ 

Sec.  4.  The  members  of  the  board  shall  receive  no  compensation,  other  than 
reasonable  traveling  and  other  expenses  incurred  while  engaged  in  the  performance  of 
official  duties,  to  be  audited  as  the  legislature  may  direct. 

Sec.  5.  The  legislature  shall  pass  such  laws  as  may  be  necessary  to  further  define 
and  regulate  the  powers  and  duties  of  the  board,  wardens,  and  clerks,  and  to  carry  into 
effect  the  provisions  of  this  article. 

Sec,  6.  After  the  first  day  of  January,  eighteen  hundred  and  eighty-two,  the 
labor  of  convicts  shall  not  be  let  out  bj'  contract  to  any  person,  copartnership,  company, 
or  corporation,  and  the  legislature  shall,  by  law,  provide  for  the  working  of  convicts  for 
the  benefit  of  the  state. 

ARTICLE  XI. 
COUNTIES,  CITIES,  AND  TOWNS. 

Section  1.  The  several  counties,  as  they  now  exist,  are  hereby  recognized  as  legal 
subdivisions  of  this  state. 

Sec.  2.  No  county  seat  shall  be  removed  unless  two-thirds  of  the  qualified  electors 
of  the  county,  voting  on  the  proposition  at  a  general  election,  shall  vote  in  favor  of  such 
removal.  A  proposition  of  removal  shall  not  be  submitted  in  the  same  county  more 
than  once  in  four  years. 

Sec.  3.  The  legislature,  by  general  and  uniform  laws,  may  provide  for  the  alter- 
ation of  county  boundary  lines,  and  for  the  formation  of  new  counties;  provided,  how- 
ever, that  no  new  county  shall  be  established  which  shall  reduce  any  county  to  a  popu- 
lation of  less  than  twenty  thousand ;  nor  shall  a  new  county  be  formed  containing  a  less 
population  than  eight  thousand;  nor  shall  any  line  thereof  pass  within  five  miles  of 
the  exterior  boundary  of  the  city  or  town  in  which  the  county  seat  of  any  county  pro- 
posed to  be  divided  is  situated.  Every  county  which  shall  be  enlarged  or  created  from 
territory  taken  from  any  other  county  or  counties,  shall  be  liable  for  a  just  proportion 
of  the  existing  debts  and  liabilities  of  the  county  or  counties  from  which  such  territory 
shall  be  taken.     [Amendment  adopted  November  8,  1910.] 

See.  4.  The  legislature  shall  establish  a  system  of  county  governments,  which 
shall  be  uniform  throughout  the  state;  and  by  general  laws  shall  provide  for  township 

(Ix) 


CONSTITUTION    OF    THE    STATE    OF    CALIFORNIA, 

oi^anizations,  under  which  any  county  may  organize  whenever  a  majority  of  the  quali- 
fied electors  of  such  county,  voting  at  a  general  election,  shall  so  determine ;  and  when- 
ever a  county  shall  adopt  township  organization,  the  assessment  and  collection  of  the 
revenue  shall  be  made,  and  the  business  of  such  county  and  the  local  affairs  of  the  sev- 
eral townships  therein  shall  be  managed  and  transacted,  in  the  manner  prescribed  by 
such  general  laws. 

Sec.  5.  The  legislature,  by  general  and  uniform  laws,  shall  provide  for  the  elec- 
tion or  appointment,  in  the  several  counties,  of  boards  of  supervisors,  sheriffs,  county 
clerks,  district  attorneys,  and  such  other  county,  township,  and  municipal  officers  as 
public  convenience  may  require,  and  shall  prescribe  their  duties  and  fix  their  terms  of 
oflSce.  It  shall  regulate  the  compensation  of  all  such  officers,  in  proportion  to  duties, 
and  may  also  establish  fees  to  be  charged  and  collected  by  such  officers  for  services 
performed  in  their  respective  offices,  in  the  manner  and  for  the  uses  provided  by  law, 
and  for  this  purpose  may  classify  the  counties  by  population ;  and  it  shall  provide  for 
the  strict  accountability  of  county  and  township  officers  for  all  fees  which  may  be  col- 
lected by  them,  and  for  all  public  and  municipal  moneys  which  may  be  paid  to  them,  or 
officially  come  into  their  possession.  It  may  regulate  the  compensation  of  grand  and 
trial  jurors  in  all  courts  within  the  classes  of  counties  herein  permitted  to  be  made; 
such  compensation,  however,  shall  not,  in  any  class,  exceed  the  sum  of  three  dollars  per 
day  and  mileage.     [Amendment  adopted  November  3,  1908.] 

Sec.  6.  Corporations  for  municipal  purposes  shall  not  be  created  by  special  laws; 
but  the  legislature  shall,  by  general  laws,  provide  for  the  incorporation,  organization, 
and  classification,  in  proportion  to  population,  of  cities  and  towns,  which  laws  may  be 
altered,  amended,  or  repealed ;  and  the  legislature  may,  by  general  laws,  provide  for  the 
performance  by  county  officers  of  certain  of  the  municipal  functions  of  cities  and  towns 
so  incorporated,  whenever  a  majority  of  the  electors  of  any  such  city  or  town  voting  at 
a  general  or  special  election  shall  so  determine.  Cities  and  towns  heretofore  organized 
or  incorporated  may  become  organized  under  the  general  laws  passed  for  that  purpose, 
whenever  a  majority  of  the  electors  voting  at  a  general  election  shall  so  determine,  and 
shall  organize  in  conformity  therewith.  Cities  and  towns  hereafter  organized  under 
charters  framed  and  adopted  by  authority  of  this  constitution  are  hereby  empowered, 
and  cities  and  towns  heretofore  organized  by  authority  of  this  constitution  may  amend 
their  charters  in  the  manner  authorized  by  this  constitution  so  as  to  become  likewise 
empowered  hereunder,  to  make  and  enforce  all  laws  and  regulations  in  respect  to 
municipal  affairs,  subject  only  to  the  restrictions  and  limitations  provided  in  their 
several  charters,  and  in  respect  to  other  matters  they  shall  be  subject  to  and  controlled 
by  general  laws.  Cities  and  towns  heretofore  or  hereafter  organized  by  authority  of 
this  constitution  may,  by  charter  provision  or  amendment,  provide  for  the  performance 
by  county  officers  of  certain  of  their  municipal  functions,  whenever  the  discharge  of 
such  municipal  functions  by  county  officers  is  authorized  by  general  laws  or  by.  the 
provisions  of  a  county  charter  framed  and  adopted  by  authority  of  this  constitution. 
[Amendment  adopted  November  3,  1914.] 

Sec.  7.  City  and  county  governments  may  be  merged  and  consolidated  into  one 
municipal  government,  with  one  set  of  officers,  and  may  be  incorporated  under  general 
laws  providing  for  the  incorporation  and  organization  of  corporations  for  municipal 
purposes.  The  provisions  of  this  constitution  applicable  to  cities,  and  also  those 
applicable  to  counties,  so  far  as  not  inconsistent  or  prohibited  to  cities,  shall  be  appli- 
cable to  such  consolidated  government.     [Amendment  adopted  November  6,  1894.] 

Sec.  ly^.  Any  county  may  frame  a  charter  for  its  own  government  consistent 
with  and  subject  to  the  constitution  (or,  having  framed  such  a  charter,  may  frame  a 
new  one),  and  relating  to  matters  authorized  by  provisions  of  the  constitution,  by  caus- 

(Ixl) 


CONSTITUTION    OF   THE    STATE    OF    CALIFORNIA. 

ing  a  board  of  fifteen  freeholders,  who  have  been  for  at  least  five  years  qualified  electors 
thereof,  to  be  elected  by  the  qualified  electors  of  said  county,  at  a  general  or  special 
election.  Said  board  of  freeholders  may  be  so  elected  in  pursuance  of  an  ordinance 
adopted  by  the  vote  of  three-fifths  of  all  the  members  of  the  board  of  supervisors  of 
such  county,  declaring  that  the  public  interest  requires  the  election  of  such  board  for 
the  purpose  of  preparing  and  proposing  a  charter  for  said  county,  or  in  pursuance  of  a 
petition  of  qualified  electors  of  said  county  as  hereinafter  provided.  Such  petition, 
signed  by  fifteen  per  centum  of  the  qualified  electors  of  said  county,  computed  upon  the 
total  number  of  votes  east  therein  for  all  candidates  for  governor  at  the  last  preceding 
general  election  at  which  a  governor  was  elected,  praying  for  the  election  of  a  board  of 
fifteen  freeholders  to  prepare  and  propose  a  charter  for  said  county,  may  be  filed  in  the 
office  of  the  county  clerk.  It  shall  be  the  duty  of  said  county  clerk,  within  twenty  days 
after  the  filing  of  said  petition,  to  examine  the  same,  and  to  ascertain  from  the  record 
of  the  registration  of  electors  of  the  county,  whether  said  petition  is  signed  by  the 
requisite  number  of  qualified  electors.  If  required  by  said  clerk,  the  board  of  super- 
visors shall  authorize  him  to  employ  persons  specially  to  assist  him  in  the  work  of  ex- 
amining such  petition,  and  shall  provide  for  their  compensation.  Upon  the  completion  of 
such  examination,  said  clerk  shall  forthwith  attach  to  said  petition  his  certificate,  prop- 
erly dated,  showing  the  result  thereof,  and  if,  by  said  certificate,  it  shall  appear  that  said 
petition  is  signed  b}'  the  requisite  number  of  qualified  electors,  said  clerk  shall  imme- 
diatel}'  present  said  petition  to  the  board  of  siipervisors,  if  it  be  in  session,  otherwise 
at  its  next  regular  meeting  after  the  date  of  such  certificate.  Upon  the  adoption  of  such 
ordinance,  or  the  presentation  of  such  petition,  said  board  of  supervisors  shall  order 
the  holding  of  a  special  election  for  the  purjDose  of  electing  such  board  of  freeholders, 
which  said  special  election  shall  be  held  not  less  than  twenty  days  nor  more  than  sixty 
days  after  the  adoption  of  the  ordinance  aforesaid  or  the  presentation  of  said  petitiori 
to  said  board  of  supervisors;  provided,  that  if  a  general  election  shall  occur  in  said 
county  not  less  than  twenty  days  nor  more  than  sixty  days  after  the  adoption  of  the 
ordinance  aforesaid,  or  such  presentation  of  said  petition  to  said  board  of  supervisors, 
said  board  of  freeholders  may  be  elected  at  such  general  election.  Candidates  for  elec- 
tion as  members  of  said  board  of  freeholders  shall  be  nominated  by  petition,  substan- 
tially in  the  same  manner  as  may  be  provided  by  general  law  for  the  nomination,  by 
petition  of  electors,  of  candidates  for  county  offices,  to  be  voted  for  at  general  elections. 
It  shall  be  the  duty  of  said  board  of  freeholders,  within  one  hundred  and  twenty  days 
after  the  result  of  such  election  shall  have  been  declared  by  said  board  of  supervisors, 
to  prepare  and  propose  a  charter  for  said  county,  which  shall  be  signed  in  duplicate  by 
the  members  of  said  board  of  freeholders,  or  a  majority  of  them,  and  be  filed,  one  copy 
in  the  office  of  the  county  clerk  of  said  county  and  the  other  in  the  office  of  the  county 
recorder  thereof.  Said  board  of  supervisors  shall  thereupon  cause  said  proposed  charter 
to  be  published  for  at  least  ten  times  in  a  daily  newspaper  of  general  circulation, 
printed,  published  and  circulated  in  said  county;  provided,  that  in  any  county  where 
no  such  daily  newspaper  is  printed,  published  and  circulated,  such  proposed  charter 
shall  be  priblished  for  at  least  three  times  in  at  least  one  weekly  newspaper,  of  general 
circulation,  printed,  published  and  circulated  in  such  county;  and  provided,  that  in  any 
county  where  neither  such  daily  nor  such  weekly  newspaper  is  printed,  published  and 
circulated,  a  copy  of  such  proposed  charter  shall  be  posted  by  the  county  clerk  in  three 
public  places  in  said  county,  and  on  or  near  the  entrance  to  at  least  one  public  school- 
house  in  each  school  district  in  said  count}',  and  the  first  publication  or  the  posting  of 
such  proposed  charter  shall  be  made  within  fifteen  days  after  the  filing  of  a  copy 
thereof,  as  aforesaid,  in  the  office  of  the  county  clerk.  Said  proposed  charter  shall  be 
submitted  by  said  board  of  supervisors  to  the  qualified  electors  of  said  county  at  a 
special  election  held  not  less  than  thirty  days  nor  more  than  sixty  days  after  the  com- 

t  •»»  > 


CONSTITUTION    OF    THE    STATE    OF    CALIFORNIA. 

pletion  of  such  publication,  or  after  sueli  posting;  provided,  that  if  a  general  election 
shall  occur  in  said  county  not  less  than  thirty  days  nor  more  than  sixty  days  after  the 
completion  of  such  publication,  or  after  such  posting,  then  such  proposed  charter  may 
be  so  submitted  at  such  general  election.  If  a  majority  of  said  qualified  electors,  voting 
thereon  at  such  general  or  special  election,  shall  vote  in  favor  of  such  proposed  charter, 
it  shall  be  deemed  to  be  ratified,  and  shall  be  forthwith  submitted  to  the  legislature,  if 
it  be  in  regular  session,  otherwise  at  its  next  regular  session,  or  it  may  be  submitted  to 
the  legislature  in  extraordinary  session,  for  its  approval  or  rejection  as  a  whole,  with- 
out power  of  alteration  or  amendment.  Such  approval  may  be  made  by  concurrent  reso- 
lution, and  if  approved  by  a  majority  vote  of  the  members  elected  to  each  house,  such 
charter  shall  become  the  charter  of  such  county  and  shall  become  the  'organic  law 
thereof  relative  to  the  matters  therein  provided,  and  supersede  any  existing  charter 
framed  under  the  provisions  of  this  section,  and  all  amendments  thereof,  and  shall 
supersede  all  laws  inconsistent  with  such  charter  relative  to  the  matters  provided  in 
such  charter.  A  copy  of  such  charter,  certified  and  authenticated  by  the  chairman 
and  clerk  of  the  board  of  supervisors  under  the  seal  of  said  board  and  attested  by  the 
county  clerk  of  said  county,  setting  forth  the  submission  of  such  charter  to  the  electors 
of  said  county,  and  its  ratification  by  them,  shall,  after  the  approval  of  such  charter 
by  the  legislature,  be  made  in  duplicate,  and  filed,  one  in  the  oflSce  of  the  secretary  of 
state  and  the  other,  after  being  recorded  in  the  office  of  the  recorder  of  said  county, 
shall  be  filed  in  the  office  of  the  county  clerk  thereof,  and  thereafter  all  courts  shall  take 
judicial  notice  of  said  charter. 

The  charter,  so  ratified,  may  be  amended  by  proposals  therefor  submitted  by  the 
board  of  supervisors  of  the  county  to  the  qualified  electors  thereof  at  a  general  or 
special  election  held  not  less  than  thirty  da^s  nor  more  than  sixty  days  after  the  pub- 
lication of  such  proposals  for  ten  times  in  a  daily  newspaper  of  general  circulation, 
printed,  published  and  circulated  in  said  county;  provided,  that  in  any  county  where 
no  such  daily  newspaper  is  printed,  published  and  circulated,  such  proposed  charter 
shall  be  published  for  at  least  three  times  in  at  least  one  weekly  newspaper,  of  general 
circulation,  printed,  published  and  circulated  in  such  county;  provided,  that  in  any 
county  where  neither  such  daily  nor  such  weekly  newspaper  is  printed,  published  and 
circulated,  a  copy  of  such  proposed  charter  shall  be  posted  by  the  county  clerk  in  three 
public  places  in  said  county,  and  on  or  near  the  entrance  to  at  least  one  public  school- 
house  in  each  school  district  in  said  county.  If  a  majority  of  such  qualified  electors 
voting  thereon,  at  such  general  or  special  election,  shall  vote  in  favor  of  any  such 
proposed  amendment  or  amendments,  or  any  amendment  or  amendments  proposed  by 
petition  as  hereinafter  provided,  such  amendment  or  amendments  shall  be  deemed  to  be 
ratified,  and  shall  be  forthwith  submitted  to  the  legislature,  if  it  be  in  regular  session, 
otherwise  at  its  next  regular  session,  or  may  be  submitted  to  the  legislature  in 
extraordinary  session,  for  approval  or  rejection  as  a  whole,  without  power  of  alteration 
or  amendment,  and  if  approved  by  the  legislature,  as  herein  provided  for  the  approval 
of  the  charter,  such  charter  shall  be  amended  accordingly.  A  copy  of  such  amend- 
ment or  amendments  shall,  after  the  approval  thereof  by  the  legislature,  be  made  in 
duplicate,  and  shall  be  authenticated,  certified,  recorded  and  filed  as  herein  provided 
for  the  charter,  and  with  like  force  and  effect.  Whenever  a  petition  signed  by  ten 
per  centum  of  the  qualified  electors  of  any  county,  computed  upon  the  total  number 
of  votes  cast  in  said  county  for  all  candidates  for  governor  at  the  last  general  election, 
at  which  a  governor  was  elected,  is  filed  in  the  office  of  the  county  clerk  of  said  county, 
petitioning  the  board  of  supei'visors  thereof  to  submit  any  proposed  amendment  or 
amendments  to  the  charter  of  such  county,  which  amendment  or  amendments  shall  be 
set  forth  in  full  in  such  petition,  to  the  qualified  electors  thereof,  such  petition  shall 
forthwith  be  examined  and  certified  by  the  county  clerk,  and  if  signed  by  the  requisite 
number  of  qualified  electors  of  such  county,  shall  be  presented  to  the  said  board  of 

(  ixiii ) 


CONSTITUTION    OF    THE    STATE    OF    CALIFORNIA. 

supervisors,  by  the  said  county  clerk,  as  hereinbefore  provided  for  petitions  for  the 
election  of  boards  of  freeholders.  Upon  the  presentation  of  said  petition  to  said  board 
of  supervisors,  said  board  must  submit  the  amendment  or  amendments  set  forth  therein 
to  the  qualified  electors  of  said  county  at  a  general  or  special  election  held  not  less 
than  thirty  days  nor  more  than  sixty  days  after  the  publication  or  posting  of  such 
proposed  amendment  or  amendments  in  the  same  manner  as  hereinbefore  provided  in 
the  case  of  the  submission  of  any  proposed  amendment  or  amendments  to  such  charter, 
proposed  and  submitted  by  the  board  of  supervisors.  In  submitting  any  such  charter, 
or  amendments  thereto,  any  alternative  article  or  proposition  may  be  presented  for  the 
choice  of  the  electors,  and  may  be  voted  on  separately  without  prejudice  to  others. 

Every  special  election  held  under  the  provisions  of  this  section,  for  the  election  of 
boards  of  freeholders  or  for  the  submission  of  proposed  charters,  or  any  amendment 
or  amendments  thereto,  shall  be  called  by  the  board  of  supervisors,  by  ordinance,  which 
shall  specify  the  purpose  and  time  of  such  election  and  shall  establish  the  election 
precincts  and  designate  the  polling  places  therein,  and  the  names  of  the  election  oflB- 
cers  of  each  such  precinct.  Such  ordinance,  prior  to  such  election,  shall  be  published 
five  times  in  a  daily  newspaper,  or  twice  in  a  weekly  newspaper,  if  there  be  no  such 
daily  newspaper,  printed,  published  and  circulated  in  said  countj'^;  provided,  that  if 
no  such  daily  or  weekly  newspaper  be  printed  or  published  in  such  county,  then  a 
copy  of  such  ordinance  shall  be  posted  by  the  county  clerk  in  three  public  places  in 
such  county  and  in  or  near  the  entrance  to  at  least  one  public  schoolhouse  in  each 
school  district  therein.  In  all  other  respects,  every  such  election  shall  be  held  and  con- 
ducted, the  returns  thereof  canvassed  and  the  result  thereof  declared  by  the  board  of 
supervisors  in  the  same  manner  as  provided  by  law  for  general  elections.  Whenevei 
boards  of  freeholders  shall  be  elected,  or  any  such  proposed  charter,  or  amendment  or 
amendments  thereto,  submitted,  at  a  general  election,  the  general  laws  applicable  to 
the  election  of  county  officers  and  the  submission  of  propositions  to  the  vote  of  electors, 
shall  be  followed  in  so  far  as  the  same  may  be  applicable  thereto. 

It  shall  be  competent,  in  all  charters,  framed  under  the  authority  given  by  this 
section  to  provide,  in  addition  to  any  other  provisions  allowable  by  this  constitution, 
and  the  same  shall  provide,  for  the  following  matters: 

1.  For  boards  of  supervisors  and  for  the  constitution,  regulation  and  government 
thereof,  for  the  times  at  which  and  the  terms  for  which  the  members  of  said  board 
shall  be  elected,  for  the  number  of  members,  not  less  than  three,  that  shall  constitute 
such  boards,  for  their  comiDensation  and  for  their  election,  either  by  the  electors  of 
the  counties  at  large  or  by  districts ;  provided,  that  in  any  event  said  board  shall  consist 
of  one  member  for  each  district,  who  must  be  a  qualified  elector  thereof;  and 

2.  For  sheriffs,  county  clerks,  treasurers,  recorders,  license  collectors,  tax  collectors, 
public  administrators,  coroners,  surveyors,  district  attornej's,  auditors,  assessors  and 
superintendents  of  schools,  for  the  election  or  appointment  of  said  officers,  or  any  of 
them,  for  the  times  at  which  and  the  terms  for  which,  said  officers  shall  be  elected  or 
appointed,  and  for  their  compensation,  or  for  the  fixing  of  such  compensation  by 
boards  of  supervisors,  and,  if  appointed,  for  the  manner  of  their  appointment;  and 

3.  For  the  number  of  justices  of  the  peace  and  constables  for  each  township,  or  for 
the  number  of  such  judges  and  other  officers  of  such  inferior  courts  as  may  be  provided 
by  the  constitution  or  general  law,  for  the  election  or  appointment  of  said  officers,  for 
the  times  at  which  and  the  terms  for  which  said  officers  shall  be  elected  or  apjDointed, 
and  for  their  compensation,  or  for  the  fixing  of  such  compensation  by  boards  of 
supervisors,  and  if  aj^pointed,  for  the  manner  of  their  appointment;  and 

4.  For  the  powers  and  duties  of  boards  of  supervisors  and  all  other  county  officers, 
for  their  removal  and  for  the  consolidation  and  segregation  of  county  officers,  and  for 
the  manner  of  filling  all  vacancies  occurring  therein;  provided,  that  the  provisions  of 

(  Ixiv  ) 


CONSTITUTION  .  OF    THE    STATE    OP    CALIFORNIA. 

such  charters  relating  to  the  powers  and  duties  of  boards  of  supervisors  and  all  other 
county  officers  shall  be  subject  to  and  controlled  by  general  laws;  and 

41/^.  For  the  assumption  and  discharge  by  county  officers  of  certain  of  the  municipal 
functions  of  the  cities  and  towns  within  the  county,  whenever,  in  the  case  of  cities  and 
towns  incorporated  under  general  laws,  the  discharge  by  county  officers  of  such  munic- 
ipal functions  is  authorized  by  general  law,  or  whenever,  in  the  case  of  cities  and 
towns  organized  under  section  eight  of  this  article,  the  discharge  by  county  officers  of 
such  municipal  functions  is  authorized  by  provisions  of  the  charters,  or  by  amendment? 
thereto,  of  such  cities  or  towns. 

5.  For  the  fixing  and  regulation  by  boards  of  supervisors,  by  ordinance,  of  the 
appointment  and  number  of  assistants,  deputies,  clerks,  attaches  and  other  persons  to 
be  employed,  from  time  to  time,  in  the  several  offices  of  the  county,  and  for  the  pre- 
scribing and  regulating  by  such  boards  of  the  powers,  duties,  qualifications  and  compen- 
sation of  such  persons,  the  times  at  which,  and  terms  for  which  they  shall  be  appointed, 
and  the  manner  of  their  appointment  and  removal;  and 

6.  For  the  compensation  of  such  fish  and  game  wardens,  probation  and  other  officers 
as  may  be  provided  by  general  law,  or  for  the  fixing  of  such  compensation  by  boards 
of  supervisors. 

All  elective  officers  of  counties,  and  of  townships,  of  road  districts  and  of  highway 
construction  divisions  therein  shall  be  nominated  and  elected  in  the  manner  provided 
by  general  laws  for  the  nomination  and  election  of  such  officers. 

All  charters  framed  under  the  authority  given  by  this  section,  in  addition  to  the 
matters  hereinabove  specified,  may  provide  as  follows : 

For  offices  other  than  those  required  by  the  constitution  and  laws  of  the  state,  or 
for  the  creation  of  any  or  all  of  such  offices  by  boards  of  supervisors,  for  the  election 
or  appointment  of  persons  to  fill  such  offices,  for  the  manner  of  such  appointment,  for 
the  times  at  which  and  the  terms  for  which  such  persons  shall  be  so  elected  or 
appointed,  and  for  their  compensation,  or  for  the  fixing  of  such  compensation  by 
boards  of  supervisors. 

For  offices  hei'eafter  created  by  this  constitution  or  by  general  law,  for  the  election 
or  appointment  of  persons  to  fill  such  offices,  for  the  manner  of  such  appointment,  for 
the  times  at  which  and  the  terms  for  which  such  persons  shall  be  so  elected  or 
appointed,  and  for  their  compensation,  or  for  the  fixing  of  such  compensation  by  boards 
of  supervisors. 

For  the  formation,  in  such  counties,  of  road  districts  for  the  care,  maintenance, 
repair,  inspection  and  supeiT^ision  only  of  roads,  highways  and  bridges;  and  for  the 
formation,  in  such  counties,  of  highway  construction  divisions  for  the  construction 
only  of  roads,  highways  and  bridges;  for  the  inclusion  in  any  such  district  or  division, 
of  the  whole  or  any  part  of  any  incorporated  city  or  town,  upon  ordinance  passed  by 
such  incorporated  city  or  town  authorizing  the  same,  and  upon  the  assent  to  such  inclu- 
sion by  a  majority  of  the  qualified  electors  of  such  incorporated  city  or  town,  or 
portion  thereof,  proposed  to  be  so  included,  at  an  election  held  for  that  purpose;  for 
the  organization,  government,  powers  and  jurisdiction  of  such  disti^icts  and  divisions, 
and  for  raising  revenue  therein,  for  such  purposes,  by  taxation,  upon  the  assent  of  a 
majority  of  the  qualified  electors  of  such  districts  or  divisions,  voting  at  an  election 
to  be  held  for  that  purpose;  for  the  incurring  of  indebtedness  therefor  by  such  coun- 
ties, districts  or  divisions  for  such  purposes  respectively,  by  the  issuance  and  sale,  by 
the  counties,  of  bonds  of  such  counties,  districts  or  divisions,  and  the  expenditure  of 
the  proceeds  of  the  sale  of  such  bonds,  and  for  levying  and  collecting  taxes  against 
the  property  of  the  counties,  districts  or  divisions,  as  the  case  may  be,  for  the  payment 
of  the  principal  and  interest  of  such  indebtedness  at  maturity;  provided,  that  any  such 

(  latv  ) 


CONSTITUTION    OF   THE    STATE    OF    CALIFORNIA. 

indebtedness  shall  not  be  incurred  without  the  assent  of  two-thirds  of  the  qualified 
electors  of  the  county,  district  or  division,  as  the  case  may  be,  voting  at  an  election 
to  be  held  for  that  purpose,  nor  unless  before  or  at  the  time  of  incurring  such  indebt- 
edness provision  shall  be  made  for  the  collection  of  an  annual  tax  sufficient  to  pay  the 
interest  on  such  indebtedness  as  it  falls  due,  and  also  for  a  sinking  fund  for  the  pay- 
ment of  the  principal  thereof  on  or  before  maturity,  which  shall  not  exceed  forty 
years  from  the  time  of  contracting  the  same,  and  the  procedure  for  voting,  issuing  and 
selling  such  bonds  shall,  except  in  so  far  as  the  same  shall  be  prescribed  in  such  char- 
ters, conform  to  general  laws  for  the  authorizing  and  incurring  by  counties  of  bonded 
indebtedness,  so  far  as  applicable;  provided,  further,  that  provisions  in  such  charters 
for  the  construction,  care,  maintenance,  repair,  inspection  and  supervision  of  roads, 
highways  and  bridges  for  which  aid  from  the  state  is  granted,  shall  be  subject  to  such 
regulations  and  conditions  as  may  be  imposed  bj'^  the  legislature. 

Whenever  any  county  has  framed  and  adopted  a  charter,  and  the  same  shall  have 
been  approved  by  the  legislature,  as  herein  provided,  the  general  laws  adopted  by  the 
legislature  in  pursuance  of  sections  four  and  five  of  this  article,  shall,  as  to  such  county, 
be  superseded  by  said  charter  as  to  matters  for  which,  under  this  sections  it  is  com- 
petent to  make  provision  in  such  charter,  and  for  which  provision  is  made  therein, 
except  as  herein  otherwise  expressly  provided;  and  except  that  any  such  charter  shall 
not  affect  the  tenure  of  office  of  the  elective  officers  of  the  county,  or  of  any  district, 
township  or  division  thereof,  in  office  at  the  time  such  charter  goes  into  effect,  and  such 
officers  shall  continue  to  hold  their  respective  offices  until  the  expiration  of  the  term 
for  which  they  shall  have  been  elected,  unless  sooner  removed  in  the  manner  provided 
by  law. 

The  charter  of  any  county,  adopted  under  the  authority  of  this  section,  may  bb 
surrendered  and  annulled  with  the  assent  of  two-thirds  of  the  qualified  electors  of  such 
county,  voting  at  a  special  election,  held  for  that  purpose,  and  to  be  ordered  and 
called  by  the  board  of  supervisors  of  the  county  upon  receiving  a  written  petition, 
signed  and  certified  as  hereinabove  provided  for  the  purposes  of  the  adoption  of  char- 
ters, requesting  said  board  to  submit  the  question  of  the  surrender  and  annulment  of 
such  charter  to  the  qualified  electors  of  such  county,  and,  in  the  event  of  the  surrender 
and  annulment  of  any  such  charter,  such  county  shall  thereafter  be  governed  under 
general  laws  in  force  for  the  government  of  counties. 

The  provisions  of  this  section  shall  not  be  applicable  to  any  county  that  is  consoli- 
dated with  any  city.    [Amendment  adopted  November  3, 1914.] 

Sec.  71/^a.  Any  county  organized  under  the  general  law,  and  having,  at  the  time 
this  section  takes  effect,  a  population  of  two  hundred  thousand  inhabitants  or  over,  as 
ascertained  by  the  last  preceding  census  taken  under  the  authority  of  the  congress  of 
the  United  States,  and  having  within  its  territorial  boundaries  one  or  more  incorpo- 
rated cities  or  towns,  may  frame  a  charter  for  a  consolidated  city  and  county  govern- 
ment, by  causing  a  board  of  fifteen  freeholders,  who  have  been  for  at  least  five  years 
qualified  electors  of  the  county,  to  be  elected  by  the  qualified  electors  of  said  county, 
at  a  special  election.  Said  board  of  freeholders  may  be  so  elected  in  pursuance  of  an 
ordinance  adopted  by  the  vote  of  three-fifths  of  all  of  the  members  of  the  board  of 
supervisorsof  such  county,  declaring  that  public  interest  requires  the  election  of  such 
board  of  freeholders  for  the  purpose  of  preparing  and  proposing  a  charter  for  a 
consolidated  city  and  county,  with  or  without  a  system  of  boroughs,  with  combined 
powers  of  a  city  and  county,  as  in  this  constitution  provided  for  city  and  county  gov- 
ernment; or  in  pursuance  of  a  petition  of  qualified  electors  of  said  county  as  herein- 
after provided;  which  said  petition  must  state  the  name  and  address  of  a  person  or 
persons  to  whom  notice  of  the  insufficiency  of  the  petition  shall  be  sent  in  the  event 
that  the  petition  shall  not  have  the  required  number  of  signatures  of  the  qualified 

(  Ixvi  ) 


CONSTITUTIOX    OF    THE    STATE    OF    CALIFORNIA. 

electors  signed  thereto.  Such  petition,  signed  by  fifteen  per  centum  of  the  qualified 
electors  of  said  county,  computed  upon  the  total  number  of  votes  cast  therein  for  all 
candidates  for  governor  at  the  last  preceding  general  election  at  which  a  governor  was 
elected,  praying  for  the  election  of  a  board  of  fifteen  freeholders  to  prepare  and  pro- 
pose a  charter  for  a  consolidated  city  and  county  government,  with  or  without  a  system 
of  boroughs,  with  combined  powers  of  a  city  and  a  county,  as  in  this  constitution  pro- 
vided, may  be  filed  in  the  office  of  the  county  clerk.  It  shall  be  the  duty  of  the  said 
county  clerk,  within  twenty  days  after  the  filing  of  said  petition,  to  examine  the  same, 
and  to  ascertain  from  the  record  of  the  registration  of  the  electors  of  the  county, 
whether  said  petition  is  signed  by  the  requisite  number  of  qualified  electors.  If 
required  by  said  clerk,  the  board  of  supervisors  shall  authorize  him  to  employ  persons 
to  assist  him  in  the  work  of  examining  such  petition,  and  the  board  shall  provide  for 
their  compensation.  Upon  the  completion  of  such  examination,  said  clerk  shall  forth- 
with attach  to  said  petition  his  certificate,  properly  dated,  showing  the  results  of  his 
examination,  and  if,  by  said  certificate,  it  shall  appear  that  said  petition  is  signed  by 
the  requisite  number  of  qualified  electors,  said  clerk  shall  immediately  present  said 
petition  to  the  board  of  supervisors,  if  it  be  in  session,  otherwise  at  its  next  regular 
meeting  after  the  date  of  such  certificate.  If  it  appear  by  said  certificate  that  said 
petition  has  not  the  required  number  of  signatures  of  the  qualified  electors  signed 
thereto,  the  said  clerk  shall  so  notify  the  person  or  pe^^'ons  whose  name  or  names  are 
mentioned  therein,  to  whom  the  notification  of  the  insufficiency  of  the  petition  shall  be 
sent.  Whereupon  the  petitioners  shall  have  thirty  days  from  and  after  the  date  of 
receiving  the  notice  of  insufficiency  from  the  clerk,  to  present  and  file  additional  signa- 
tures. Upon  the  receipt  of  the  additional  signatures,  the  clerk  shall  proceed  forthwith 
to  examine  the  petition  of  additional  signatures,  so  that  such  examination  shall  be 
completed  within  ten  days  from  the  date  of  his  receiving  same.  If  it  appear  that  thd 
number  of  additional  signatures  added  to  those  who  have  not  been  legally  rejected 
upon  the  original  petition,  shall  total  the  requisite  number  of  qualified  electors  neces- 
sary as  provided  in  this  section,  the  clerk  shall  forthwith  attach  to  said  petition  hif 
certificate,  properly  dated,  showing  that  said  petition  has  been  signed  by  the  requisite 
number  of  qualified  electors,  and  said  clerk  shall  immediately  present  said  petition  to 
the  board  of  supervisors,  if  it  be  in  session,  otherwise  at  the  next  regular  meeting  after 
the  date  of  such  certificate.  Upon  the  adoption  of  such  ordinance,  or  the  presentation 
of  such  petition,  said  board  of  supervisors  shall  order  the  holding  of  a  special  election 
for  the  purpose  of  electing  such  board  of  freeholders,  which  said  special  election  shall 
be  held  not  less  than  forty  days  nor  more  than  ninety  daj's  after  the  adoption  of  the 
ordinance  aforesaid  or  the  presentation  of  said  petition  to  said  board  of  supervisors. 
Candidates  for  election  as  members  of  said  board  of  freeholders  shall  be  nominataed 
by  petition,  substantially  in  the  same  manner  as  may  be  provided  by  general  law  for 
the  nomination,  by  petition  of  electors,  of  candidates  for  county  offices,  to  be  voted 
at  general  elections.  The  election  shall  be  conducted  and  the  ballots  canvassed  and 
result  declared  substantially  as  are  other  elections  for  county  offices,  except  that  there 
shall  be  only  one  election,  and  the  fifteen  persons  receiving  the  highest  vote  shall  be 
declared  the  duly  elected  board  of  freeholders.    All  ties  shall  be  broken  by  lot. 

It  shall  be  the  dutj'^  of  said  board  of  freeholders  within  one  hundred  eighty  days 
after  the  result  of  such  election  shall  have  been  declared  by  the  board  of  supervisors, 
to  prepare  and  propose  a  charter  for  a  consolidated  city  and  county  government,  and 
it  may  prescribe  the  existing  boundary  lines  of  the  county  as  the  territorial  limits  of 
said  proposed  city  and  county,  and  propose  the  formation  of  all  of  the  incorporated 
cities  and  towns  and  all  of  the  unincorporated  territory  within  the  county  into  a  con- 
solidated city  and  county  government,  to  be  governed  by  said  charter,  and  to  have 
combined  powers  of  a  city  and  a  county,  as  provided  in  this  constitution  for  consoli- 
dated city  and  county  government.     Or  said  board  of  freeholders  may  propose,  in  the 

(  Ixvii  ) 


CONSTITUTION    OF   THE    STATE    OP    CALIFORNIA. 

alternative,  that  a  lesser  area  than  that  of  the  whole  county,  to  consist  of  those  incor- 
porated cities  and  towns  hereinafter  required  to  be  designated  and  named  by  the 
board  of  freeholders  as  necessary  and  essential  to  effect  consolidation,  also  those 
incorporated  cities  and  towns,  which  as  hereinafter  provided,  may  by  a  majority  vote 
of  the  qualified  electors  voting  thereon  separate!}-,  vote  in  favor  of  such  consolidation, 
together  with  any  unincorporated  territory  within  the  county  proposed  to  be  added, 
may  be  formed  into  a  consolidated  city  and  county  government,  to  be  governed  by  said 
charter,  and  to  have  combined  powers  of  a  city  and  a  county  as  provided  in  this 
constitution  for  consolidated  city  and  county  government. 

When  such  proposal  is  submitted  in  the  alternative,  the  board  of  freeholders  must 
designate  and  name  as  necessary  and  essential  to  effect  city  and  county  consolidation, 
all  of  the  incorporated  cities  within  the  county  having  a  population  of  one  hundred 
fifty  thousand  inhabitants  or  over,  as  ascertained  by  the  last  preceding  census  taken 
under  the  authority  of  the  congress  of  the  United  States,  and  no  consolidation  shall  be 
effected  unless,  as  hereinafter  provided,  a  majority  of  the  qualified  electors,  voting 
separately  thereon  in  each  of  said  designated  and  named  incorporated  cities  vote  in 
favor  of  such  proposal. 

The  charter  proposed  shall  be  signed  by  the  members  of  the  board  of  freeholders,  or 
a  majority  of  them,  and  be  filed,  one  copy  in  the  ofiSce  of  the  county  recorder,  one  in 
the  office  of  the  county  clerk,  and  certified  copies  thereof  duly  attested  by  the  president 
and  secretarj'  of  the  board  of  freeholders  shall  be  filed  in  the  clerk's  office  of  each 
incorporated  city  and  town  in  the  county.  The  board  of  freeholders  shall  thereupon 
take  a  recess  until  called  together  by  the  board  of  supervisors  as  hereinafter  provided. 
Thereupon  the  board  of  supervisors  shall  cause  said  proposed  charter  to  be  published 
in  at  least  two  daily  newspapers  of  general  circulation  published,  printed  and  circu- 
lated in  the  county,  for  at  least  six  consecutive  times,  and  shall  also  cause  said  pro- 
posed charter  to  be  i^ublished  for  at  least  three  consecutive  times  in  a  daily  newspaper 
of  general  circulation,  printed,  published  and  circulated  in  each  of  the  incorporated 
cities  and  towns  within  the  county,  and  if  there  be  no  daily  newspaper  printed,  pub- 
lished and  circulated  in  any  of  such  incorporated  cities  and  towns  then  once  in  a 
weekly  newspaper  published,  printed  and  circulated  therein;  provided,  however,  if 
there  be  no  daily  or  weekly  newspaper  published,  printed  and  circulated  in  any  of 
such  incorporated  cities  or  towns,  then  said  publication  shall  be  made  by  posting  in 
three  public  places  in  each  of  said  incorporated  cities  or  towns  having  no  such  news- 
paper, for  at  least  three  days.  All  of  such  publication  shall  be  completed  within  fifty 
days  of  the  filing  of  the  proposed  charter  with  the  county  clerk.  The  board  of  super- 
visors shall  cause  to  be  printed  in  pamphlet  form,  at  least  as  many  copies  of  such 
proposed  charter,  plus  an  additional  fifteen  per  cent,  as  there  are  registered  electors  in 
the  county.  The  county  clerk  shall  forthwith  deliver  to  the  clerk  of  the  legislative  body 
of  each  and  eveiy  incorj^orated  city  or  town  within  the  county,  a  number  of  the  printed 
copies  of  the  proposed  charter,  equal  at  least  to  the  number  of  registered  electors 
residing  in  any  such  incorporated  city  or  town.  The  county  clerk  shall  thereupon  give 
notice,  by  advertising  in  one  and  not  more  than  two  daily  newspapers  of  general  cir- 
culation published,  printed  and  circulated  in  the  county,  and  if  there  be  a  newspaper 
published,  printed  and  circulated  in  any  of  such  incorporated  cities  and  towns,  in  one 
such  newspaper  of  each  said  city  or  town,  that  copies  of  the  proposed  charter  can  be 
had  at  his  office  or  at  the  office  of  the  several  city  or  town  clerks,  designating  them, 
upon  application.  Upon  the  completion  of  the  publication  of  the  proposed  charter  as 
above  required,  and  not  later  than  fifteen  days  thereafter,  the  board  of  supervisors 
must  pass  an  ordinance  or  resolution  calling  a  separate  election  in  each  of  the  incor- 
porated cities  and  towns  within  the  county,  for  submitting  the  proposal  for  consolida- 
tion to  the  electors  thereof.  Each  incorporated  city  or  town  shall  be  considered  one 
separate  district,  and  the  proposal  for  such  consolidation  shall  be  submitted  separately 

(  Ixviii  ) 


CONSTITLTIOX    OF    THE    STATE    OF    CALIFORNIA. 

to  the  electors  thereof,  as  hereinafter  provided.  The  date  of  such  election  shall  be 
fixed  in  the  resolution  or  ordinance  adopted  by  the  board  of  supervisors,  which  date 
shall  not  be  less  than  forty  days  nor  more  than  ninety  days  from  the  date  of  the  pas- 
sage of  such  resolution  or  ordinance  calling  the.  election  for  the  submission  of  said 
proposal.  The  separate  elections  held  in  the  several  cities  and  towns  must  all  be  held 
on  the  same  day.  The  resolution  or  ordinance  calling  such  elections  shall  be  pub- 
lished for  five  successive  days  in  one  daily  newspaper  of  general  circulation  published, 
printed  and  circulated  in  the  county,  so  that  the  last  publication  shall  have  been  com- 
l)leted  at  least  five  days  before  the  date  of  the  election.  The  resolution  or  ordinance 
calling  such  elections,  shall  also  be  published  for  three  successive  days  in  one  daily 
newspaper  of  general  circulation,  published,  printed  and  circulated  in  each  of  the 
incorporated  cities  and  towns,  and  if  there  be  no  daily  newspaper  published,  printed 
and  circulated  in  any  of  such  incorporated  cities  and  towns,  then  twice  in  a  weekly 
newspaper;  provided,  however,  that  if  there  be  no  daily  or  weekly  newspaper  pub- 
lished, printed  and  circulated  in  any  such  incorporated  city  or  town,  such  publication 
may  be  made  by  posting  in  three  public  places  in  said  corporated  city  or  town  for  at 
least  three  days  before  the  date  of  election. 

The  board  of  supervisors  must  appoint  election  officers  in  the  same  manner  and  give 
notice  of  such  appointment  by  publication,  as  provided  by  the  general  law  for  the 
appointment  of  election  officers  at  general  elections;  provided,  however,  that  the  board 
of  supervisors  shall  not  appoint  more  than  four  election  officers  to  each  election  pre- 
cinct; and  provided,  further,  that  the  number  of  precincts  in  each  city  or  town  com- 
prising an  election  district  shall  not  be  less  than  the  number  of  precincts  used  at  tht 
last  general  election.  In  all  other  respects,  every  such  election  shall  be  held  and  con- 
ducted, the  returns  canvassed  and  the  result  thereof  declared  by  the  board  of  super 
visors  in  the  same  manner  as  i:)rovided  by  law  for  general  elections. 

The  proposal  to  be  submitted  to  the  electors  of  each  of  said  incorporated  cities  and 
towns  shall  be  substantially  as  follows:  "Shall  the  (herein  designate  by  name  the 
incorporated  city  or  town)  join  with  the  other  incorporated  cities  and  towns  within 
the  county  of  (herein  insert  name  of  county)  together  with  the  unincorporated  terri- 
tory within  the  said  county,  and  form  and  establish  a  consolidated  city  and  county 
(herein  insert  whether  it  is  proposed  to  have  a  system  of  boroughs)  to  be  known  as 
the  city  and  county  of  (herein  insert  the  name  proposed)  to  be  governed  by  the  charter 
proposed  by  the  board  of  freeholders,  which  charter  has  been  filed  in  the  office  of  the 
county  clerk  and  duly  published,  said  charter  to  take  effect  on  (herein  insert  date 
mentioned  in  charter  when  city  and  county  consolidation  shall  take  effect)?"  If  the 
board  of  freeholders  have  proposed  an  alternative  proposition,  the  ballot  shall,  in  addi- 
tion to  the  above  proposal,  state  substantially :  that  if  said  principal  proposal  does  not 
receive  a  majority  vote  of  the  electors,  voting  thereon,  in  all  of  the  incorporated  cities 
and  towns  within  the  county,  but  receives  a  majority  vote  of  the  electors,  voting 
thereon  in  each  of  the  incorporated  cities  within  the  county  (naming  them)  which  have 
been  designated  and  named  as  the  cities  necessary  and  essential  in  which  a  favorable 
vote  must  be  had  to  effect  consolidation  of  an  area  less  than  the  whole  of  the  county, 
then  the  proposition  of  the  formation  and  establishment  of  a  district  into  a  consoli- 
dated city  and  county,  which  district  shall  include  said  named  incorjiorated  cities,  also 
other  contiguous  incorporated  cities  and  towns  in  which  a  favorable  vote  was  had  on 
the  proposition,  and  certain  unincorporated  territory  (which  district  shall  be  the  area 
described  in  the  proposed  amended  charter),  shall  be  thereafter  submitted  to  the 
qualified  electors  of  such  district  for  their  approval.  Also  there  must  be  stated  in  such 
proposal  such  reference  to  taxation  and  bonded  indebtedness  and  the  liability  thei'efor 
as  is  provided  in  the  proposed  charter. 

If  after  the  canvass  of  the  votes  and  the  declaration  of  the  result  by  the  board  of 
supervisors,  it  appear  that  a  majority  of  the  electors  in  each  of  the  incorporated  cities 

(  Ixix  ) 


CONSTITUTION    OF    THE    STATE    OF    CALIFORNIA. 

and  towns  in  the  county,  voting  separately  thereon  at  said  election,  have  voted  in  favor 
of  said  proposal,  the  board  of  supervisors  shall  so  certify  such  fact  to  the  board  of 
freeholders  and  set  a  day  for  the  reconvening  of  said  board  of  freeholders  which  day 
shall  not  be  later  than  ten  days  after  the  certification  by  the  board  of  supervisors. 
The  board  of  freeholders  shall  enter  the  certificate  of  the  board  of  supervisors  in  its 
minutes  and  shall  have  no  power  to  change  or  alter  in  any  manner  any  of  the  provisions 
of  the  charter  as  heretofore  prepared  and  published.    It  shall  thereupon  adjourn. 

Whereupon  the  said  proposed  charter  shall  be  submitted  by  said  board  of  supervisors 
to  the  qualified  electors  of  the  whole  of  said  county  at  a  special  election  to  be  held 
not  less  than  thirty  nor  more  than  sixty  days  after  the  adjournment  of  the  board  of 
freeholders,  or  if  there  be  a  general  election  held  within  ninety  days  after  the  adjourn- 
ment of  the  said  board  of  freeholders,  then  at  such  general  election. 

If  a  majority  of  the  qualified  electors  voting  thereon  in  the  county,  at  such  special 
or  general  election,  shall  vote  in  favor  of  such  proposed  charter,  it  shall  be  deemed 
to  be  ratified,  and  shall  be  forthwith  submitted  to  the  legislature,  if  it  be  in  session, 
otherwise  at  its  next  regular  or  special  session,  for  its  approval  or  rejection  as  a  whole, 
without  power  of  alteration  or  amendment.  Such  approval  may  be  by  concurrent 
resolution,  and  if  approved  by  a  majority  vote  of  the  members  elected  to  each  house, 
such  charter  shall  become  the  charter  of  such  consolidated  city  and  county  and  shall  be- 
come the  organic  law  thereof  relative  to  matters  therein  provided,  and  shall  supersede 
any  existing  municipal  charter  of  the  cities  within  the  county  and  all  amendments 
thereof  and  shall  supersede  all  laws  inconsistent  with  such  charter  relative  to  matters 
provided  in  such  charter. 

If  it  appear,  after  a  canvass  of  the  votes  by  the  board  of  supervisors,  that  the 
proposal  has  not  received  a  favorable  vote  in  all  of  the  incorporated  cities  and  towns 
within  the  county,  and  the  proposal  submitted  shall  have  provided  in  the  alternative 
that  a  lesser  territory  than  that  of  the  whole,  not  less  than  the  incorporated  cities 
designated  and  set  forth  in  the  proposal  as  necessary  and  essential  to  effect  consolida- 
tion, may  form  and  establish  a  consolidated  city  and  county  government,  and  a  majority 
of  the  electors  in  each  of  the  said  incorporated  cities  designated  as  necessary  and 
essential  to  effect  consolidation  have  voted  in  favor  of  such  proposal,  the  board  of 
supervisors  shall  so  certify  the  fact  to  the  board  of  freeholders,  and  also  certify  all 
other  incorporated  cities  or  towns  in  which  a  majority  of  the  electors  have  voted  in 
favor  of  such  proposal.  The  board  of  freeholders  shall,  within  fifteen  days  thereafter, 
reconvene  and  meet  upon  a  day  to  be  fixed  by  the  board  of  supervisors,  and  shall  pro- 
ceed to  rearrange  and  define  the  boundaries  for  the  proposed  new  city  and  county, 
including  therein  all  of  the  incorporated  cities  certified  by  the  board  of  supervisors,  in 
which  a  majority  of  the  electors  have  voted  in  favor  thereof,  and  which  by  the  terms 
of  the  proposal  were  designated  as  necessary  and  essential  to  effect  consolidation.  The 
board  of  freeholders  must  also  include  in  the  boundaries  for  the  new  proposed  city  and 
county  any  incorporated  city  or  town  having  a  population  of  less  than  ten  thousand 
inhabitants,  as  ascertained  by  the  last  preceding  census  taken  under  the  authority  of 
the  congress  of  the  United  States,  which,  if  such  new  proposed  city  and  county  is 
formed,  would  be  surrounded  by  such  area  proposed  to  be  formed  into  a  city  and 
county,  or  which  is  contiguous  thereto  and  not  contiguous  to  the  largest  area  of  the 
remainder  of  the  original  county  from  which  the  proposed  city  and  county  proposes  to 
separate,  notwithstanding  that  the  result  of  the  election  in  any  such  incorporated  city 
or  town  as  shown  by  the  canvass  of  the  votes  of  the  board  of  supervisors,  was  unfavor- 
able thereto.  The  board  of  freeholders  may  also  include  in  the  boundaries  of  the  pro- 
posed new  city  and  county,  other  incorporated  cities  or  towns,  not  designated  and 
named  as  necessary  and  essential  to  effect  consolidation,  but  in  each  of  which  a  major- 
i'^.y  <i;C  the  electors  have  voted  in  favor  of  such  proposal,  together  with  such  uninoorpo- 

(iM   ) 


CONSTITUTION    OF    THE    STATE    OF    CALIFORNIA. 

rated  territory  within  the  county  as  it  may  desire,  the  whole  to  form  one  compact  area, 
no  part  of  which  shall  be  disconnected  from  the  remainder  thereof. 

No  amendment  or  changes  in  the  provisions  or  sections  of  the  proposed  charter  as 
originally  prepared,  published  and  filed  in  the  office  of  the  county  clerk,  shall  be  made 
by  the  board  of  freeholders  at  its  second  session,  except  as  herein  provided.  The 
board  of  freeholders  at  its  second  session,  shall  have  power  to  change  the  territorial 
limits  or  boundaries  in  such  charter  as  hereinbefore  provided.  It  shall  also  have  power 
to  change  the  number,  by  reduction  thereof,  of  boroughs  and  of  the  couneilmanic  or 
supervisorial  districts  and  the  number  of  councilmen  or  supervisors  to  be  elected,  and 
to  rearrange  and  number  said  districts  to  conform  to  the  area  to  be  formed  into  a  city 
and  county,  except  that  boroughs  previously  established  by  the  charter,  if  their  terri- 
tory is  within  the  area  of  the  proposed  city  and  county  shall  not  be  changed.  It  may 
also  provide  a  lesser  salary  to  be  paid  to  any  officer  of  the  proposed  city  and  county, 
if  such  salary  is  stated  and  fixed  by  the  original  proposed  charter,  and  it  may  correct 
any  mistake  or  clerical  or  typographical  errors. 

The  board  of  freeholders  shall  complete  its  labors,  as  above  required,  within  ten 
davs  after  the  date  fiLxed  by  the  board  of  supervisors  for  its  second  meeting  unless 
given  an  additional  ten  days  time  by  said  board  of  supervisors.  Within  said  ten  days 
and  not  later  than  twenty  days,  if  such  time  has  been  extended,  the  members  of  the 
board  of  freeholders,  or  a  majority  thereof,  shall  sign  the  proposed  charter  as  amended, 
and  file  one  copy  thereof  in  the  county  recorder's  office  and  two  copies  in  the  county 
clerk's  office,  one  of  which  copies  shall  thereafter  be  filed  by  the  county  clerk,  in  the 
archives  of  the  new  city  and  county  government,  when  the  charter  shall  have  been 
approved  by  the  legislature. 

The  provisions  of  section  two  of  this  article,  and  also  those  provisions  of  section 
three  of  this  article  which  refer  to  the  passing  of  any  county  line  within  five  miles  of 
the  exterior  boundary  of  a  city  or  town  in  which  a  county  seat  of  any  county  proposed 
to  be  divided  is  situated,  shall  not  apply  to  the  formation  of  such  consolidated  cities 
and  counties,  nor  to  the  formation  of  new  counties  or  of  any  city  and  county  as  herein 
specified  under  any  of  the  provisions  of  this  section. 

Within  ten  days  after  the  filing  of  the  proposed  charter,  as  amended  by  the  board  of 
freeholders,  with  the  county  clerk,  the  whole  area  of  the  proposed  new  city  and  county 
shall,  by  resolution  of  the  board  of  supervisors,  be  created  into  a  district,  for  the  pur- 
pose of  submitting  the  proposed  charter,  as  amended,  to  the  electors  thereof,  for  their 
approval.  The  question  of  the  adoption  of  the  proposed  charter  as  amended,  shall  be 
submitted  to  the  electors  of  the  whole  of  the  area  proposed  to  be  formed  into  a  con- 
solidated city  and  county  as  one  proposal. 

The  board  of  supervisors  shall  .forthwith,  and  not  later  than  twenty  days  from  the 
date  of  the  resolution  creating  said  district,  pass  an  ordinance  or  resolution  calling  an 
election  in  the  whole  county,  for  the  purpose  of  submitting  the  question  of  the  consent 
of  the  electors  of  the  whole  county  to  the  separation,  of  the  district  proposed  in  the 
charter,  from  the  original  county,  and  for  the  purpose  of  submitting  the  question  of 
the  adoption  of  the  proposed  charter  to  the  electors  residing  within  the  district  created, 
or  the  proposed  territory  described  in  the  charter  as  amended,  as  the  territorial 
boundaries  of  the  proposed  new  city  and  county. 

Both  propositions  or  proposals  shall  be  submitted  at  one  election,  as  hereinafter 
provided.  The  date  of  such  election  shall  be  fixed  in  the  resolution  or  ordinance  calling 
such  election,  which  date  shall  not  be  less  than  twenty  days  nor  more  than  sixty  days 
from  the  date  of  the  passage  of  the  resolution  or  ordinance  calling  such  election. 

The  resolution  or  ordinance  calling  such  election  shall  be  published  for  five  consec- 
utive days  in  not  less  than  two  daily  newspapers,  if  there  be  two,  if  not,  in  one  daily 
newspaper  of  general  circulation  published,  printed  and  circulated  in  the  county;  or 

(  Ixxl  ) 


CONSTITUTION    OF    THJE    STATE    OF    CALIFORNIA, 

if  there  be  no  such  daily  newspapers,  then  twice  in  at  least  one  Weekly  newspaper  pub- 
lished, printed  and  circulated  in  the  county.  Such  resolution  or  ordinance  shall  also  be 
published  for  a  like  time  in  at  least  one  daily  newspaper  of  general  circulation 
published,  printed  and  circulated  within  the  area  or  territory  proposed  to  be  formed 
into  a  consolidated  city  and  county. 

The  amended  sections  of  the  charter  shall  also  be  published  for  three  consecutive 
days  in  at  least  one  daily  newspaper  published,  printed  and  circulated  in  the  county, 
and  if  there  be  no  daily  newspaper  published,  printed  and  circulated  in  the  county, 
then  twice  in  a  weekly  newspaper  published,  printed  and  circulated  in  the  county.  Such 
amended  sections  of  the  charter  shall  likewise  be  published  in  at  least  one  daily  news- 
paper published,  printed  and  circulated  within  the  area  or  district  proposed  to  be 
formed  into  a  city  and  county,  and  if  there  be  no  such  daily  newspaper  then  twice  in 
a  weekly  newspaper  published,  printed  and  circulated  in  such  area. 

The  board  of  supervisors  must  appoint  election  officers  in  the  same  manner,  and  give 
notice  of  such  appointment  by  publication,  as  provided  by  the  general  law  for  the 
appointment  of  election  officers  at  general  elections,  except  that  no  more  than  four 
election  officers  shall  be  appointed  to  each  election  precinct.  In  all  other  respects, 
every  such  election  shall  be  conducted,  the  returns  canvassed  and  the  result  declared  by 
the  board  of  supervisors  in  the  same  manner  as  provided  by  law  for  general  elections. 
The  proposal  to  be  submitted  to  the  electors  of  the  whole  of  the  county  and  the 
proposals  to  be  submitted  to  the  electors  of  the  district  or  area  described  in  the  charter 
as  the  territorial  boundaries  of  the  proposed  new  city  and  county,  shall  be  as  follows : 
In  the  county  outside  of  the  district  or  area  described  in  the  charter  as  the  territorial 
boundaries  of  the  new  consolidated  city  and  county,  the  only  proposal  to  be  submitted 
to  the  electors  thereof  shall  be  substantially  as  follows : 

"Shall  the  incorporated  cities  and  towns  (herein  name  them)  and  the  unincorporated 
territory  (if  any)  herein  describe  the  unincorporated  territory)  be  permitted  to  sep- 
arate from  (herein  name  the  county)  and  establish  a  consolidated  city  and  county  to  be 
known  as  (herein  insert  name  of  new  county)  the  separation  to  take  effect  on  (herein 
name  date  fixed  in  the  proposed  charter  for  the  taking  effect  of  the  new  city  and  county 
government)?" 

In  the  district  created  by  the  resolution  of  the  board  of  supervisors,  which  shall  be 
the  area  described  in  the  amended  proposed  charter,  the  same  proposal  as  above  shall 
be  submitted  to  the  electors,  and  also  shall  be  submitted  separately  the  question  of 
the  establishing  of  the  area  into  a  new  consolidated  city  and  county  and  the  approval 
and  ratification  of  such  charter,  substantially  in  the  following  form:  "Shall  the 
(herein  describe  the  territory  as  described  in  the  proposed  amended  charter)  consol- 
idate and  be  formed  and  established  into  a  citj'  and,  county  government  to  be  known 
as  (herein  state  name  of  city  and  county)  (herein  state  whether  there  shall  be  a  sys- 
tem of  boroughs)  and  shall  the  charter  prepared,  published  and  filed  in  the  office  of 
the  county  clerk  on  (herein  state  the  date  upon  which  the  amended  charter  as  to 
boundaries  was  filed)  be  adopted  as  the  charter  of  the  consolidated  city  and  county, 
to  take  effect  (herein  state  date  mentioned  in  the  charter  when  the  consolidation  shall 
take  effect)?"  Also  may  be  stated  in  this  proposal  such  reference  to  taxation  and 
bonded  indebtedness  and  the  liability  therefor  as  provided  in  the  proposed  charter. 

Upon  consent  to  the  separation  of  such  district  being  given  by  a  majority  of  the 
qualified  electors,  voting  thereon,  at  such  election,  in  the  whole  of  the  countj^,  and  upon 
the  approval  and  ratification  of  such  charter  by  a  majority  of  the  qualified  electors 
voting  thereon  in  the  district  or  area  which  is  to  be  formed  into  a  consolidated  city 
and  county,  and  by  the  approval  of  said  charter  by  the  legislature,  as  hereinbefore 
provided  in  this  section  for  the  submission  of  the  charter  to  the  legislature  when  the 
whole  of  the  county  is  to  be  formed  into  a  consolidated  city  and  county,  said  charter 

(  Ixxil) 


CONSTITUTION    OF   THK    STATE    OF    CALIFORNIA. 

shall  be  deemed  adopted,  and  upon  the  date  fixed  in  said  charter  such  district  shall  be 
and  become  one  consolidated  city  and  county,  and  the  charter  shall  become  the  organic 
law  thereof  relative  to  matters  therein  provided,  and  shall  supersede  any  existing 
municipal  charter  of  the  cities  consolidated  by  it,  and  shall  likewise  supersede  all  laws 
inconsistent  with  such  charter  relative  to  matters  provided  in  such  charter. 

It  shall  be  competent,  in  any  charter,  or  amendment  thereof,  framed  under  the 
authority  given  by  this  section,  to  provide  in  addition  to  those  provisions  allowable  by 
the  constitution  and  laws  of  the  state  as  follows : 

1.  For  the  merging  and  consolidating  the  cities  and  county  into  one  municipal  gov- 
ernment with  one  set  of  officers;  for  the  establishment  of  a  borough  system  of  govern- 
ment for  the  whole  or  any  part  of  the  territory  of  said  city  and  county,  by  which  one 
or  more  districts  may  be  created  therein,  which  districts  may  be  known  as  boroughs 
and  shall  exercise  such  municipal  powers  as  may  be  granted  by  such  charter,  and  for 
the  organization,  constitution,  regulation,  government  and  jurisdiction  of  such  bor- 
oughs, which  organization,  constitution,  regulation,  government  and  jurisdiction  may 
provide  for  rural  districts,  with  different  powers  and  organization,  constitution,  regu- 
lation, government  and  jurisdiction  from  other  boroughs;  provided,  that  in  the  event 
of  such  establishment  or  creation  of  a  borough  or  boroughs,  as  hereinabove  permitted, 
the  boundaries  thereof  shall  never  afterwards  be  changed  or  altered,  nor  shall  the  gov- 
ernmental rights,  powers  or  jurisdiction  of  any  such  borough  or  boroughs  be  thereafter 
limited,  extended,  modified  or  taken  away,  unless  and  until  the  borough  or  boroughs 
affected  by  such  proposed  change  or  alteration  of  boundaries,  or  by  the  proposed  limita- 
tion, extension,  modification  or  taking  away  of  governmental  rights,  powers  or  juris- 
diction, as  the  case  may  be,  shall  each  have  consented  thereto,  by  the  vote  of  a  majority 
of  the  electors  in  each  and  every  such  borough  voting  at  an  election  or  elections  called 
and  held  for  such  purpose  in  each  of  the  boroughs  so  affected. 

2.  For  the  consolidation  and  merging  of  school  and  high  school  and  union  high  school 
districts  into  one  or  more  school,  high  school  and  union  high  school  district  within  the 
city  and  county,  to  be  governed  by  one  board  of  education  and  one  school  superintend- 
ent, and  may  provide  separate  organization,  constitution,  regulation,  government  and 
jurisdiction  and  powers  for  rural  school  districts,  if  any  are  established. 

3.  For  the  constitution,  regulation,  government  and  jurisdiction  of  police  courts,  and 
for  the  manner  in  which,  the  times  at  which,  and  the  terms  for  which  the  judges  of 
such  courts  shall  be  elected  or  appointed,  and  for  the  qualifications  and  compensation 
of  said  judges  and  of  their  clerks  and  attaches;  and  for  the  establishment,  constitution, 
regulation,  government  and  jurisdiction  of  municipal  courts  with  such  civil  and  crim- 
inal jurisdiction  as  by  law  may  be  conferred  upon  inferior  courts;  and  for  the  manner 
in  which,  the  time  at  which,  and  the  terms  for  which  the  judges  of  such  courts  shall  be 
elected  or  appointed,  and  for  the  qualifications  and  compensation  of  said  judges  and 
of  their  clerks  and  attaches;  provided,  such  municipal  courts  shall  never  be  deprived 
of  the  jurisdiction  given  inferior  courts  created  by  general  law;  provided,  that  in  any 
city  and  county,  when  such  municipal  court  has  been  established,  there  shall  be  no  other 
court  inferior  to  the  superior  court;  and  pending  actions,  trials,  and  all  pending  busi- 
ness of  inferior  courts  within  the  territory  of  such  city  or  city  and  county,  upon  the 
establishment  of  any  such  municipal  court,  shall  be  and  become  pending  in  such  munic- 
ipal court,  and  all  records  of  such  inferior  court  shall  thereupon  be  and  become  the 
records  of  such  municipal  court. 

4.  For  the  manner  in  which,  the  times  at  which,  and  the  terms  for  which  the  mem- 
bers of  the  board  of  education  or  boards  shall  be  elected  or  appointed,  for  the  qualifica- 
tions, compensation  and  removal,  and  for  the  number  which  shall  constitute  any  one 
of  such  boards. 

(  Lxxiii  ) 


COIVSTITUTION    OF    THE    STATE    OF    CALIFORNIA. 

5.  For  the  manner  in  which,  the  times  at  which,  and  the  terms  for  which  the  mem- 
bers of  the  board  or  boards  of  police  commissioners  shall  be  elected  or  appointed;  and 
for  the  constitution,  regulation,  compensation,  and  government  of  such  boards  and  of 
the  municipal  police  force. 

6.  For  the  manner  in  which  and  the  times  at  which  any  municipal  election,  or 
borough  election  shall  be  held  and  the  result  thereof  determined;  and  for  manner  in 
which,  the  times  at  which,  and  the  terms  for  which  the  members  of  all  boards  of  elec- 
tion shall  be  elected  or  appointed,  and  for  the  constitution,  regulation,  compensation 
and  government  of  such  boards,  and  of  their  clerks  and  attaches,  and  for  all  expenses 
incident  to  the  holding  of  any  election. 

It  shall  be  competent  in  any  charter  framed  in  accordance  with  the  provisions  of 
this  section,  for  any  consolidated  city  and  county,  and  plenary  authority  is  hereby 
granted,  subject  only  to  the  restrictions  of  this  article,  to  provide  therein  or  by  amend- 
ment thereto,  for  the  powers  and  duties  of  all  county,  city  and  county,  municipal  and 
borough  officers;  for  the  manner  in  which,  the  method  by  which,  and  the  terms  for 
which  the  several  county,  city  and  county,  municipal  and  borough  officers,  except 
judges  of  the  superior  court  shall  be  elected  or  appointed,  and  for  their  recall  and 
removal,  and  for  their  compensation,  and  for  the  number  of  deputies,  clerks  and  other 
employees  that  each  shall  have,  and  for  the  powers  and  duties,  compensation,  method  of 
appointment,  qualifications,  tenure  of  office  and  removal  of  such  deputies,  clerks  and 
other  emploj'ees. 

7.  It  shall  be  competent  in  anj'  charter,  or  amendment  thereto,  framed  in  accordance 
with  the  provisions  of  this  section,  to  provide  that  the  city  and  county  may  make  and 
enforce  all  laws  and  regulations,  and  exercise  all  rights  and  powers  in  respect  to  munic- 
ipal affairs  and  municipal  officers,  and  shall  have  all  powers  and  rights  appropriate  to 
a  county,  city,  and  city  and  county  subject  only  to  the  restrictions  and  limitations  pro- 
vided in  such  charter. 

Any  charter  framed  under  the  provisions  of  this  section,  which  charter  provides  for 
the  formation  of  the  whole  territory  of  the  county  into  a  consolidated  city  and  county, 
may  provide  for  the  termination  of  the  tenure  of  office  of  all  county  officers  elected 
after  the  adoption  of  such  charter  by  the  electors  of  such  county  and  prior  to  the 
approval  of  such  charter  by  the  legislature. 

8.  No  property  in  any  city  or  town  or  territory  hereinafter  consolidated  into  a  city 
and  county  shall  be  taxed  for  the  payment  of  any  indebtedness  outstanding  at  the  time 
the  charter  takes  effect  and  for  the  payment  of  which  indebtedness  the  property  in 
such  city  or  town  or  territory  was  not,  prior  to  the  taking  effect  of  such  charter,  sub- 
ject to  such  taxation,  unless  there  shall  have  been  submitted  to  the  qualified  electors 
of  such  city  or  town  or  territory,  at  the  separate  election  submitting  the  proposal  in 
the  first  instance  to  join,  the  proposition  regarding  the  assumption  of  such  indebted- 
ness as  hereinbefore  set  forth  and  the  same  shall  have  been  approved  by  a  majority  of 
such  electors  voting  thereon. 

In  all  cases  of  consolidation  of  two  or  more  incorporated  cities  and  towns,  or  of  one 
or  more  incorporated  cities  or  towns  within  unincorporated  territory,  into  a  city  and 
county,  assumption  of  existing  bonded  indebtedness  by  such  city  or  town  or  by  such 
unincorporated  territory  or  by  either  of  the  cities  and  towns  so  consolidating  may  be 
made  by  a  majority  of  the  qualified  electors  voting  thereon  in  the  territory  or  city  or 
town  which  shall  assume  an  existing  bonded  indebtedness,  and  the  provisions  of  section 
eighteen  of  this  article  shall  not  be  a  prohibition  thereof. 

Everj'  city  and  county  which  shall  be  formed,  under  the  provisions  of  this  section, 
of  territory  which  shall  have  been  taken  from  the  original  county,  shall  be  liable  for 
a  just  proportion  of  the  debts  and  liabilities  and  be  entitled  to  a  just  proportion  of  the 
property  and  assets  of  such  county  existing  at  the  time  of  such  separation. 

(  Ixxlv  ) 


CONSTITLTION    OP   THE    STATE    OF    CALIFORNIA. 

If  the  population  in  the  territory  formed  into  a  city  and  county,  by  separation  from 
the  original  county,  is  equal  to  or  greater  in  number  that  two-thirds  of  the  population 
of  the  whole  of  the  original  county  at  the  time  of  the  formation  of  such  city  and  county, 
the  city  and  county  so  formed  and  separating  itself  from  the  original  county,  shall  be 
entitled  to  the  original  records  and  books  of  the  original  county,  upon  supplying  to  the 
original  county  certified  copies  of  all  records,  documents  and  books  properly  bound 
and  indexed,  which  affects  or  may  affect  the  property  of  the  remaining  portion  of  the 
original  county,  or  which  it  may  in  the  future  have  occasion  to  refer  to ;  and  such  cer- 
tified copies  so  furnished  and  certified  by  the  county  clerk  if  the  copies  are  issued 
from  his  office,  and  by  the  recorder  if  issued  from  his  office,  or  by  any  other  officer  of 
the  county  if  they  be  copies  of  records  in  his  office,  shall  be  competent  evidence  in  any 
court  proceeding  or  action  which  may  thereafter  be  commenced. 

The  legislature  of  the  state  may  enact  such  general  laws  as  may  be  necessary  to  carry 
out  the  provisions  of  subdivision  eight  of  this  section. 

If  by  the  formation  of  a  city  and  county,  under  the  provisions  of  this  section,  any 
territory  whether  incorporated  or  unincorporated  is  separated  from  the  original  county, 
and  by  such  separation,  any  of  the  elective  officers  of  the  original  county,  have  by 
reason  of  such  separation  ceased  to  be  residents  or  electors  of  the  original  county, 
such  elective  officers  shall  continue  to  serve,  and  be  charged  with  all  of  the  powers  and 
duties  of  the  office  to  which  they  were  elected,  until  the  expiration  of  the  term  for 
which  they  were  elected,  and  their  salaries  shall  be  paid,  by  both  the  new  city  and 
county  and  the  remaining  portion  of  the  original  county,  in  proportion  and  in  the 
ratio  as  the  population  of  each  bears  to  the  whole  population  of  the  original  county. 

If  under  the  provisions  of  this  section,  any  city  and  county  is  formed  which  does  not  include 
the  whole  of  the  original  county,  and  by  reason  of  the  separation  of  the  territory  comprising 
the  new  city  and  county,  any  incorporated  city  or  town  or  any  unincorporated  territory  is 
separated  from  the  largest  area  of  the  remainder  of  the  county,  by  reason  of  its  exterior  boun 
dary  not  being  contiguous  thereto,  the  legislature  shall  provide  for  the  transfer  of  such  portion 
or  portions  to  an  adjoining  county  or  counties  whose  exterior  boundary  or  boundaries  may  be 
contiguous  thereto,  or  it  may  transfer  such  portion  or  portions  to  the  new  consolidated  city 
and  county;  provided,  however,  if  there  be  formed  and  established  under  the  provisions  of 
this  section,  a  consolidated  city  and  county  government  of  a  lesser  area  than  that  of  the  whole 
county,  and  there  be  any  incorporated  city  having  a  population  of  forty  thousand  inhabitants 
or  over,  within  the  county,  as  ascertained  by  the  last  preceding  census  taken  under  the  authority 
of  the  congress  of  the  United  States,  which  is  not  included  therein,  or  if  by  the  formation  and 
establishment  of  any  lesser  area  than  that  of  the  whole  county  into  a  consolidated  city  and 
county,  any  such  incorporated  city  having  such  population  is  separated  and  detached  from  the 
largest  area  of  the  remainder  of  the  original  county,  by  reason  of  its  exterior  boundaries  not 
being  contiguous  thereto,  then  such  incorporated  city,  together  with  all  other  incorporated 
cities  or  towns  or  unincorporated  territory  in  such  original  county,  which  if  said  new  city 
and  county  is  formed  and  established  would  likewise  be  so  separated  and  detached,  and  which 
are  contiguous  to  each  other  and  form  one  compact  area,  may  organize  and  establish  a  con- 
solidated city  and  county  government  for  the  whole  of  such  detached  territory  under  the 
provisions  of  section  eight  of  this  article,  by  adopting  a  freeholders  charter  in  accordance 
with  the  provisions  of  said  section,  and  to  have  all  of  the  powers  conferred  by  said  section ; 
except,  that  for  the  purpose  of  the  election  of  the  members  of  the  board  of  freeholders,  and 
the  organization  and  establishment  of  such  consolidated  city  and  county  government,  the  whole 
of  such  detached  area  proposed  to  be  formed  into  such  consolidated  city  and  county,  shall  be 
treated  and  considered  as  a  city,  within  the  meaning  of  section  eight  of  this  article;  and 
except  that  all  elections  thereunder  and  all  proceedings  for  the  adoption  of  such  charter  shall 
be  initiated  and  conducted  by  the  governing  body  of  the  incorporated  city  having  the  largest 
population  in  such  detached  area.  Such  charter  may  be  submitted  to  the  electors  within  the 
area  of  the  detached  territory,  for  their  approval,  at  any  time  subsequent  to  the  adoption  of 
the  charter  prepared  by  the  freeholders  elected  by  the  electors  of  the  whole  of  the  original 

(  Ixxv  I 


CONSTITUTION    OF    THE    STATE    OF    CALIFORNIA. 

county,  but  the  same  shall  not  be  ratified  by  the  legislature  of  this  state  until  after  tbt 
ratification  by  the  legislature  of  the  charter  adopted  in  the  first  instance,  which  provided  for 
the  formation  of  a  lesser  territory  than  that  of  the  whole  county  into  a  consolidated  city  and 
county  government. 

If  under  the  provisions  of  this  section  any  city  and  county  is  formed,  which  does  not  include 
the  whole  of  the  area  of  the  original  county  from  which  it  is  permitted  to  separate,  and  any 
remainder  of  the  county  is  not  transferred  to  another  county  as  in  this  section  provided,  but 
is  to  continue  as  a  county,  the  governor  of  the  state  shall  designate  and  assign,  from  among 
the  judges  of  the  superior  court  of  the  original  county  in  office  at  the  time  of  the  taking 
effect  of  the  new  city  and  county  government,  as  many  judges  as  the  ratio  of  the  population 
contained  in  the  area  formed  by  the  new  city  and  county  bears  to  the  population  of  the 
whole  of  the  original  county  at  the  time  of  the  approval  of  the  charter  by  the  legislature,  and 
the  judges  so  assigned  shall  be  and  become  the  judges  of  the  superior  court  of  the  new  city 
and  county,  to  hold  office  during  the  term  for  which  each  of  them  shall  have  been  elected. 

Upon  the  approval  by  the  legislature  of  any  charter  framed  under  the  provisions  of  this 
section,  which  charter  provides  for  the  separation  of  any  new  city  and  county  from  the  original 
county,  the  board  of  supervisors  of  the  original  county,  shall,  at  the  time  and  in  the  manner 
set  forth  in  such  charter  so  approved,  pass  an  ordinance  calling  an  election  in  the  area  which 
is  consolidated  into  a  city  and  county,  for  the  purpose  of  nominating  and  electing  the  first 
officers  thereunder.  Said  board  of  supervisors  shall  canvass  the  votes  and  declare  the  result  of 
such  election.  The  county  clerk  or  other  officer  having  charge  of  registration  of  electors  shall 
furnish  to  the  district  or  city  and  county  so  consolidated,  the  voting  list  and  precinct  registers 
of  all  the  electors  residing  in  the  area  of  the  territory  wherein  the  election  is  to  be  held. 

The  provisions  of  this  constitution  applicable  to  cities,  and  cities  and  counties,  and  also 
applicable  to  counties,  so  far  as  not  inconsistent  or  prohibited  to  cities  or  cities  and  counties, 
except  in  the  method  of  procedure  of  calling  elections  for  the  election  of  freeholders  and  the 
submission  of  the  question  of  the  formation  of  a  consolidated  city  and  county,  shall  be 
applicable  to  such  consolidated  city  and  county. 

Any  charter  framed  under  the  provisions  of  this  section  may  be  amended  as  provided  in 
section  eight  of  article  eleven  of  this  constitution. 

Nothing  in  this  section  shall  be  construed  to  repeal  or  alter  in  any  way  the  provisions  of 
tsection  eight  and  one-half  of  article  eleven  of  this  constitution,  providing  a  different  method 
and  procedure  for  the  formation  of  cities  and  counties,  wherein  the  initiative  is  taken  by  a  city 
or  city  and  county.  Nor  shall  the  provisions  of  this  section  apply  to  any  consolidated  city  and 
county,  organized  as  such  at  the  time  this  section  takes  effect;  nor  shall  the  provisions  of  this 
section  apply  to  any  county,  which  at  the  time  this  section  takes  effect,  had  adopted  a  free- 
holders charter,  and  was  organized  and  operating  under  such  freeholders  charter.  The  legisla- 
ture shall  enact  such  general  or  special  laws  as  may  be  necessary  to  carry  out  the  provisions 
of  this  section  and  such  general  special  laws,  as  may  be  necessary  to  effect  city  and  county 
consolidation  thereunder,  or  as  may  be  necessary  to  provide  for  any  period  after  such  con- 
solidation, by  reason  of  the  separation  from  the  original  county  of  such  consolidated  city 
and  county,  or  to  provide  for  the  government  of  the  remainder  of  the  original  county  from 
which  separation  was  had.     [Amendment  adopted  November  5,  1918.] 

Sec.  8.  Any  city  or  city  and  county  containing  a  population  of  more  than  three  thousand 
five  hundred  inhabitants,  as  ascertained  by  the  last  preceding  census  taken  under  the  authority 
of  the  congress  (tf  the  United  States  or  of  the  legislature  of  California,  may  frame  a  charter 
for  its  own  government,  consistent  with  and  subject  to  this  constitution;  and  any  city,  or 
city  and  county  having  adopted  a  charter  may  adopt  a  new  one.  Any  such  charter  shall  be 
framed  by  a  board  of  fifteen  freeholders  chosen  by  the  electors  of  such  city  at  any  general  or 
special  election,  but  no  person  shall  be  eligible  as  a  candidate  for  such  board  unless  he  shall 
have  been,  for  the  five  years  next  preceding,  an  elector  of  said  city.  An  election  for  choosing 
freeholders  may  be  called  by  a  two-thirds  vote  of  the  legislative  body  of  such  city,  and,  on 
presentation  of  a  petition  signed  by  not  less  than  fifteen  per  cent  of  the  registered  electors 
of  such  city,  the  legislative  body  shall  call  such  election  at  any  time  not  less  than  thirty  nor 
more  than  sixty  days  from  date  of  the  filing  of  the  petition.  Any  such  petition  shall  be 
verified  by  the  authority  having  charge  of  the  registration  records  of  such  city  or  city  aud 

(  Ixxvi  ) 


CONSTITUTION    OF    THE    STATE    OF    CALIFORNIA. 

county  and  the  expenses  of  such  verification  shall  be  provided  by  the  legislative  body  thereof. 
Candidates  for  the  office  of  freeholders  shall  be  nominated  either  in  such  manner  as  may  be 
provided  for  the  nomination  of  officers  of  the  municipal  government  or  by  petition,  substan- 
tially in  the  same  manner  as  may  be  provided  by  general  laws  for  the  nomination  by  petition 
of  electors  of  candidates  for  public  offices  to  be  voted  for  at  general  elections.  The  board 
of  freeholders  shall,  within  one  hundred  and  twenty  days  after  the  result  of  the  election  is 
declared,  prepare  and  propose  a  charter  for  the  government  of  such  city;  but  the  said  period 
of  one  hundred  and  twenty  days  may  with  the  consent  of  the  legislative  body  of  such  city  be 
extended  by  such  board  not  exceeding  a  total  of  sixty  days.  The  charter  so  prepared  shall 
be  signed  by  a  majority  of  the  board  of  freeholders  and  filed  in  the  office  of  the  clerk  of  the 
legislative  body  of  said  city.  The  legislative  body  of  said  city  shall  within  fifteen  days  after 
such  filing  cause  such  charter  to  be  published  once  in  the  official  paper  of  said  city;  (or  in 
case  there  be  no  such  paper,  in  a  paper  of  general  circulation)  ;  and  shall  cause  copies  of  such 
charter  to  be  printed  in  convenient  pamphlet  form,  and  shall,  until  the  date  fixed  for  the 
election  upon  such  charter,  advertise  in  one  or  more  papers  of  general  circulation  published 
in  said  city  a  notice  that  such  copies  may  be  had  upon  application  therefor.  Such  charter 
shall  be  submitted  to  the  electors  of  such  city  at  a  date  to  be  fixed  by  the  board  of  free- 
holders, before  such  filing  and  designated  on  such  charter,  either  at  a  special  election  held  not 
less  than  sixty  days  from  the  completion  of  the  publication  of  such  charter  as  above  provided, 
or  at  the  general  election  next  following  the  expiration  of  said  sixty  days.  If  a  majority  of 
the  qualified  voters  voting  thereon  at  such  general  or  special  election  shall  vote  in  favor  of 
such  proposed  charter,  it  shall  be  deemed  to  be  ratified,  and  shall  be  submitted  to  the  legisla- 
ture, if  then  in  session,  or  at  the  next  regular  or  special  session  of  the  legislature.  The 
legislature  shall  by  concurrent  resolution  approve  or  reject  such  charter  as  a  whole,  without 
power  of  alteration  or  amendment;  and  if  approved  by  a  majority  of  the  members  elected  to 
each  house  it  shall  become  the  organic  law  of  such  city  or  city  and  county,  and  supersede  any 
existing  charter  and  all  laws  inconsistent  therewith.  One  copy  of  the  charter  so  ratified  and 
approved  shall  be  filed  with  the  secretary  of  state,  one  with  the  recorder  of  the  county  in  which 
such  city  is  located,  and  one  in  the  archives  of  the  city;  and  thereafter  the  court  shall  take 
judicial  notice  of  the  provisions  of  such  charter.  The  charter  of  any  city  or  city  and  county 
may  be  amended  by  proposals  therefor  submitted  by  the  legislative  body  of  the  city  on  its 
own  motion  or  in  petition  signed  by  fifteen  per  cent  of  the  registered  electors,  or  both.  Such 
proposals  shall  be  submitted  to  the  electors  only  during  the  six  months  next  preceding  a 
regular  session  of  the  legislature  or  thereafter  and  before  the  final  adjournment  of  that 
session  and  at  either  a  special  election  called  for  that  purpose  or  at  any  general  or  special 
election.  Petitions  for  the  submission  of  any  amendment  shall  be  filed  with  the  legislative 
body  of  the  city  or  city  and  county  not  less  than  sixty  days  prior  to  the  general  election  next 
preceding  a  regular  session  of  the  legislature.  The  signatures  on  such  petitions  shall  be 
verified  by  the  authority  having  charge  of  the  registration  records  of  such  city  or  city  and 
county,  and  the  expenses  of  such  verification  shall  be  provided  by  the  legislative  body  thereof. 
If  such  petitions  have  a  sufficient  number  of  signatures  the  legislative  body  of  the  city  or 
city  and  county  shall  so  submit  the  amendment  or  amendments  so  proposed  to  the  electors. 
Amendments  proposed  by  the  legislative  body  and  amendments  proposed  by  petition  of  the 
electors  may  be  submitted  at  the  same  election.  The  amendments  so  submitted  shall  be 
advertised  in  the  same  manner  as  herein  provided  for  the  advertisement  of  a  proposed  charter, 
and  the  election  thereon  held  at  a  date  to  be  fijced  by  the  legislative  body  of  such  city,  not 
less  than  forty  and  not  more  than  sixty  days  after  the  completion  of  the  advertising  in  the 
official  paper.  If  a  majority  of  the  qualified  voters  voting  on  any  such  amendment  vote  in 
favor  thereof  it  shall  be  deemed  ratified,  and  shall  be  submitted  to  the  legislature  at  the 
regular  session  next  following  such  election;  and  approved  or  rejected  without  power  of 
alteration  in  the  same  manner  as  herein  provided  for  the  approval  or  rejection  of  a  charter. 
In  submitting  any  such  charter  or  amendment  separate  propositions,  whether  alternative  or 
conflicting,  or  one  included  within  the  other,  may  be  submitted  at  the  same  time  to  be  voted 
on  by  the  electors  separately,  and,  as  between  those  so  related,  if  more  than  one  receive  a 
majority  of  the  votes,  the  proposition  receiving  the  larger  number  of  votes  shall  control  as  to 
all  matters  in  conflict.    '  It  shall  be  competent  in  any  charter  framed  under  the  authority  of 

(  Ixxvii  ) 


CONSTITUTION    OF    THE    STATE    OF    CALIFORNIA. 

this  section  to  provide  that  the  municipality  governed  thereunder  may  make  and  enforce  all 
laws  and  regulations  in  respect  to  municipal  affairs,  subject  only  to  the  restrictions  and 
limitations  provided  in  their  several  charters  and  in  respect  to  other  matters  they  shall  be 
subject  to  general  laws.  It  shall  be  competent  in  any  charter  to  provide  for  the  division  of 
the  city  or  city  and  county  governed  thereby  into  boroughs  or  districts,  and  to  provide  that 
each  such  borough  or  district  may  exercise  such  general  or  special  municipal  powers,  and  to  be 
administered  in  such  manner,  as  may  be  provided  for  each  such  borough  or  district  in  the 
charter  of  the  city  or  city  and  county. 

The  percentages  of  the  registered  electors  herein  required  for  the  election  of  freeholders 
or  the  submission  of  amendments  to  charters  shall  be  calculated  upon  the  total  vote  cast  in 
the  city  or  city  and  county  at  the  last  preceding  general  state  election;  and  the  qualified 
electors  shall  be  those  whose  names  appear  upon  the  registration  records  of  the  same  or 
preceding  year.  The  election  laws  of  such  city  or  city  and  county  shall,  so  far  as  practicable, 
govern  all  elections  held  under  the  authority  of  this  section.  [Amendment  adopted  Novem- 
ber 3,  1914.] 

Sec.  8a.  The  charter  of  the  city  and  county  of  San  Francisco  may  be  amended,  in  addition 
to  the  method  and  the  times  provided  in  section  eight  of  article  XI  of  the  Constitution,  in 
the  following  particulars: 

(a)  Authorizing  the  city  and  county  of  San  Francisco,  a  municipal  corporation,  by  its  legis- 
lative authority,  to  incur  a  bonded  indebtedness  in  an  amount  not  exceeding  five  million  dol- 
lars, and  to  issue  municipal  bonds  therefor,  and  to  grant  and  turn  over  to  the  Panama-Pacific 
International  Exposition  Company  (a  corporation  organized  under  the  laws  of  the  state  of 
California  March  22,  1910)  the  proceeds  of  said  bonds,  the  same  to  be  used  and  disbursed  by 
said  exposition  company  for  the  purpose  of  an  exposition  to  be  held  in  the  city  and  county  of 
San  Francisco  to  celebrate  the  completion  of  the  Panama  canal;  said  bonds,  so  issued,  to  be 
of  such  form  and  to  be  redeemable,  registered  and  converted  in  such  manner  and  amounts,  and 
at  such  times  not  later  than  forty  years  from  the  date  of  their  issue,  as  such  legislative 
authority  shall  determine;  the  interest  on  said  bonds  to  not  exceed  five  per  centum  per  annum, 
and  said  bonds  to  be  exempt  from  all  taxes  for  state  and  municipal  purposes,  and  to  be 
sold  for  not  less  than  par  at  such  times  and  places,  and  in  such  manner,  as  shall  be  determined 
by  said  legislative  authority;  |he  proceeds  of  said  bonds,  when  sold,  to  be  payable  immediately 
by  the  treasurer  of  said  city  and  county  to  the  treasurer  of  said  Panama-Pacific  International 
Exposition  Company,  upon  the  demand  of  said  treasurer  of  said  exposition  company,  without 
the  necessity  of  the  approval  of  such  demand  by  other  authority,  the  same  to  be  used  and 
disbursed  by  said  Panama-Pacific  International  Exposition  Company  for  the  purposes  of  such 
exposition,  under  the  direction  and  control  of  such  exposition  company; 

(&)  Providing  that  any  bonded  indebtedness  incurred  for  the  purposes  aforesaid  shall  be 
exclusive  of  the  bonded  indebtedness  of  the  said  city  and  county  limited  by  section  nine  of 
article  XII  of  said  charter; 

(c)  Granting  to  said  Panama-Pacific  International  Exposition  Company  the  exclusive 
possession  and  use,  together  with  the  management  and  control,  of  that  portion  of  Golden 
Gate  Park  in  the  city  and  county  of  San  Francisco  westerly  from  Twentieth  avenue,  as  extended, 
for  such  exposition  purposes,  such  possession  and  use,  also  management  and  control,  to  termi- 
nate not  later  than  one  year  after  the  closing  of  such  exposition; 

(d)  Granting  to  said  Panama-Pacific  International  Exposition  Company  the  exclusive 
possession  and  use,  together  with  the  management  and  control,  for  such  exposition  purposes, 
of  any  lands  held  by  the  board  of  education  of  the  city  and  county  of  San  Francisco,  and 
by  the  city  and  county  of  San  Francisco,  not  in  actual  use,  such  possession  and  use,  also 
management  and  control,  to  terminate  not  later  than  one  year  after  the  closing  of  sucli 
exposition; 

(e)  Authorizing  said  Panama-Pacific  International  Exposition  Company  to  temporarily  close 
streef^^s  in  the  city  and  county  of  San  Francisco  westerly  from  Twentieth  avenue,  for  such  expo- 
sition purposes,  and  to  liave  the  exclusive  possession  and  use,  together  with  the  management 
and  control,  of  said  streets  for  such  exposition  purposes,  such  possession  and  use,  also  man- 
agement and  control  of  said  streets,  to  terminate  not  later  than  one  year  after  the  closing  of 
such  exposition. 

(  Ixxviii  ) 


CONSTITI'TION    OF    THE    STATE    OF    CALIFORNIA. 

Proposals  to  amend  the  charter  of  the  city  and  county  of  San  Francisco  in  the  foregoing 
particulars  may  be  submitted  by  the  legislative  authority  of  said  city  and  county  to  the 
electors  of  said  city  and  county,  at  any  general  or  special  election  (and  a  special  election  may 
be  called  therefor)  held  in  said  city  and  county,  after  the  publication  of  such  proposals  in  a 
newspaper  of  general  circulation  in  said  city  and  county,  for  such  time  as  shall  be  determined 
by  said  legislative  authority.  Upon  the  ratification  of  any  such  proposed  amendment  by  a 
majority  of  the  electors  of  said  city  and  county  voting  at  such  election  on  such  proposed 
amendment,  said  proposed  amendment  receiving  such  majority  vote  shall  become  operative 
immediately  as  an  amendment  to  said  charter,  without  the  necessity  of  approval  thereof  by  the 
legislature. 

Any  act  of  the  legislative  authority  of  the  city  and  county  of  San  Francisco,  in  submitting 
to  the  electors  of  said  city  and  county,  at  any  general  or  special  election,  proposals  to  amend 
the  charter  of  said  city  and  county  in  the  foregoing  particulars,  including  any  notice  by  pub- 
lication or  otherwise  of  such  proposals,  and  of  such  election,  and  the  holding  of  such  election, 
in  accordance  with  the  provisions  hereof,  before  the  adoption  of  this  amendment,  are  hereby 
validated  in  all  respects  as  if  performed  subsequent  to  the  adoption  of  this  amendment.  The 
disbursement  of  all  funds  obtained  from  said  bonds  shall  be  accounted  for  by  said  Panama- 
Pacific  International  Exposition  Company  by  an  itemized  statement  thereof  to  be  filed  with  the 
auditor  of  the  city  and  county  of  San  Francisco.     [New  section  adopted  November  8,  1910.] 

Sec.  8y2.  It  shall  be  competent,  in  all  charters  framed  under  the  authority  given  by  sec- 
tion eight  of  this  article,  to  provide,  in  addition  to  those  provisions  allowable  by  this  con- 
stitution, and  by  the  laws  of  the  state  as  follows: 

1.  For  the  constitution,  regulation,  government,  and  jurisdiction  of  police  courts,  and  for 
the  manner  in  which,  the  times  at  which,  and  the  terms  for  which  the  judges  of  such  courts 
shall  be  elected  or  appointed,  and  for  the  qualifications  and  compensation  of  said  judges  and 
of  their  clerks  and  attaches;  and  for  the  establishment,  constitution,  regulation,  government 
and  jurisdiction  of  municipal  courts  and  judges  thereof,  with  such  civil,  criminal,  and  magis- 
terial jurisdiction  as  by  law  may  be  conferred  upon  inferior  courts  and  judges  thereof;  and 
for  the  manner  in  which,  the  times  at  which  and  the  terms  for  which  the  judges  of  such 
courts  shall  be  elected  or  appointed,  and  for  the  qualifications  and  compensation  of  said  judges 
and  of  their  clerks  and  attaches ;  provided,  such  municipal  courts  shall  never  be  deprived  of 
the  jurisdiction  given  inferior  courts  created  by  general  law. 

In  any  city  or  any  city  and  county,  when  such  municipal  court  has  been  established,  there 
shall  be  no  other  court  inferior  to  the  superior  court;  and  pending  actions,  trials,  and  all 
pending  business  of  inferior  courts  within  the  territory  of  such  city  or  city  and  county,  upon 
the  establishment  of  any  such  municipal  court,  shall  be  and  become  pending  in  such  municipal 
court,  and  all  records  of  such  inferior  courts  shall  thereupon  be  and  become  the  records  of  such 
municipal  court. 

2.  For  the  manner  in*  which,  the  times  at  which,  and  the  terms  for  which  the  members  of 
boards  of  education  shall  be  elected  or  appointed,  for  their  qualifications,  compensation  and 
removal,  and  for  the  number  which  shall  constitute  any  one  of  such  boards. 

3.  For  the  manner  in  which,  the  times  at  which  and  the  terms  for  which  the  members  of 
the  boards  of  police  commissioners  shall  be  elected  or  appointed;  and  for  the  constitution, 
regulation,  compensation,  and  government  of  such  boards  and  of  the  municipal  police  force. 

4.  For  the  manner  in  which  and  the  times  at  which  any  municipal  election  shall  he  held 
and  the  result  thereof  determined;  for  the  manner  in  which,  the  times  at  which,  and  the 
terms  for  which  the  members  of  all  boards  of  election  shall  be  elected  or  appointed,  and  for 
the  constitution,  regulation,  compensation  and  government  of  such  boards,  and  of  their 
clerks  and  attaches,  and  for  all  expenses  incident  to  the  holding  of  any  election. 

It  shall  be  competent  in  any  charter  framed  in  accordance  with  the  provisions  of  this 
section,  or  section  eight  of  this  article,  for  any  city  or  consolidated  city  and  county,  and 
plenary  authority  is  hereby  granted,  subject  only  to  the  restrictions  of  this  article,  to  provide 
therein  or  by  amendment  thereto,  the  manner  in  which,  the  method  by  which,  the  times  at 
which,  and  the  terms  for  which  the  several  county  and  municipal  oflBcers  and  employees  whose 
compensation  is  paid  by  such  city  or  city  and  county,  excepting  judges  of  the  superior  court, 
shall  be  elected  or  appointed,  and  for  their  recall  and  removal,  and  for  their  compensation, 

(  Ixxix  ) 


CONSTITUTION    OF   THE    STATE    OF    CALIFORNIA. 

and  for  the  number  of  deputies,  clerks  and  other  employees  that  each  shall  have,  and  for  the 
compensation,  method  of  appointment,  qualifications,  tenure  of  office  and  removal  of  such 
deputies,  clerks  and  other  employees.  All  provisions  of  any  charter  of  any  such  city  or  con- 
solidated city  and  county,  heretofore  adopted,  and  amendments  thereto,  which  are  in  accord- 
ance herewith,  are  hereby  confirmed  and  declared  valid. 

5.  It  shall  be  competent  in  any  charter  or  amendment  thereof,  which  shall  hereafter  be 
framed  under  the  authority  given  by  section  eight  of  this  article,  by  any  city  having  a  popu- 
lation in  excess  of  fifty  thousand  ascertained  as  prescribed  by  said  section  eight,  to  provide 
for  the  separation  of  said  city  from  the  county  of  which  it  has  theretofore  been  a  part  and 
the  formation  of  said  city  into  a  consolidated  city  and  county  to  be  governed  by  such  charter, 
and  to  have  combined  powers  of  a  city  and  county,  as  provided  in  this  constitution  for  con- 
solidated city  and  county  government,  and  further  to  prescribe  in  said  charter  the  date  for  the 
beginning  of  the  official  existence  of  said  consolidated  city  and  county. 

It  shall  also  be  competent  for  any  such  city,  not  having  already  consolidated  as  a  city 
and  county  to  hereafter  frame,  in  the  manner  prescribed  in  section  eight  of  this  article,  a 
charter  providing  for  a  city  and  county  government,  in  which  charter  there  shall  be  prescribed 
territorial  boundaries  which  may  include  contiguous  territory  not  included  in  such  city,  which 
territory,  however,  must  be  included  in  the  county  within  which  such  city  is  located. 

If  no  additional  territory  is  proposed  to  be  added,  then,  upon  the  consent  to  the  separation 
of  any  such  city  from  the  county  in  which  it  is  located,  being  given  by  a  majority  of  the 
qualified  electors  voting  thereon  in  such  county  and  upon  the  ratification  of  such  charter  by  a 
majority  of  the  qualified  electors  voting  thereon  in  such  city,  and  the  approval  thereof  by  the 
legislature,  as  prescribed  in  section  eight  of  this  article,  said  charter  shall  be  deemed  adopted 
and  upon  the  date  fixed  therein  said  city  shall  be  and  become  a  consolidated  city  and  county. 

If  additional  territory  which  consists  wholly  of  only  one  incorporated  city  or  town,  or  which 
consists  wholly  of  unincorporated  territory,  is  proposed  to  be  added,  then,  upon  the  consent 
to  such  separation  of  such  territory  and  of  the  city  initiating  the  consolidation  proposal  being 
given  by  a  majority  of  the  qualified  electors  voting  thereon  in  the  county  in  which  the  city 
proposing  such  separation  is  located,  and  upon  the  ratification  of  such  charter  by  a  majority  of 
the  qualified  electors  voting  thereon  in  such  city  so  proposing  the  separation,  and  also  upon 
the  approval  of  the  proposal  hereinafter  set  forth,  by  a  majority  of  the  qualified  electors 
voting  thereon  in  the  whole  of  such  additional  territory,  and  the  approval  of  said  charter  by 
the  legislature,  as  prescribed  in  section  eight  of  this  article,  said  charter  shall  be  deemed 
adopted,  the  indebtedness  hereinafter  referred  to  shall  be  deemed  to  have  been  assumed,  and 
upon  the  date  fixed  in  said  charter  such  territory  and  such  city  shall  be  and  become  one 
consolidated  city  and  county. 

The  proposal  to  be  submitted  to  the  territory  proposed  to  be  added  shall  be  substantially  in 
the  following  form  and  submitted  as  one  indivisible  question: 

"Shall  the  territory  (herein  designate  in  general  terms  the  territory  to  be  added)  con- 
solidate with  the  city  of  (herein  insert  the  name  of  the  city  initiating  the  proposition  to 
form  a  city  and  county  government)  in  a  consolidated  city  and  county  government,  and  shall 
the  charter  as  prepared  by  the  city  of  (herein  insert  the  name  of  the  city  initiating  such 
proposition)  be  adopted  as  the  charter  of  the  consolidated  city  and  county,  and  shall  the  said 
added  territory  become  subject  to  taxation  along  with  the  entire  territory  of  the  proposed  city 
and  county,  in  accordance  with  the  assessable  valuation  of  the  property  of  the  said  territory, 
for  the  following  indebtedness  of  said  city  (herein  insert  name  of  the  city  initiating  such 
proposition)  to  wit:  (herein  insert  in  general  terms  reference  to  any  debts  to  be  assumed,  and 
if  none  insert  'none')?" 

If  additional  territory  is  proposed  to  be  added,  which  includes  unincorporated  territory  and 
one  or  more  incorporated  cities  or  towns,  or  which  includes  more  than  one  incorporated  city 
or  town,  the  consent  of  any  such  incorporated  city  or  town  shall  be  obtained  by  a  majority 
vote  of  the  qualified  electors  thereof  voting  upon  a  proposal  substantially  as  follows: 

"Shall  (herein  insert  the  name  of  the  city  or  town  to  be  included  in  such  additional  terri- 
tory) be  included  in  a  district  to  be  hereafter  defined  by  the  city  of  (herein  insert  the  name 
of  the  city  initiating  the  proposition  to  form  a  city  and  county  government)  which  district 
shallj  within  two  years  from  the  date  of  this  election,  vote  upon  a  proposal  submitted  as  one 

(  Lxxx  ) 


r 


CONSTITUTION    OF    THE    STATE    OF    CALIFORNIA. 

indivisible  question  that  such  district  to  be  then  described  and  set  forth  shall  consolidate  with 
(herein  insert  name  of  the  city  initiating  said  consolidation  proposition)  in  a  consolidated 
city  and  county  government,  and  also  that  a  certain  charter,  to  be  prepared  by  the  city  of 
(herein  insert  name  of  the  city  initiating  such  proposition)  be  adopted  as  the  charter  of  such 
consolidated  city  and  county,  and  that  such  district  become  subject  to  taxation  along  with 
the  entire  territory  of  the  proposed  city  and  county  in  accordance  with  the  assessable  valua- 
tion of  the  property  of  said  district  for  the  following  indebtedness  of  said  city  of  (herein 
insert  name  of  the  city  initiating  such  proposition)  to  wit:  (herein  insert  in  general  terms, 
reference  to  any  debts  to  be  assumed  and  if  none  insert  'none')?" 

Any  and  all  incorporated  cities  or  towns  to  which  the  foregoing  proposal  shall  have  been 
submitted  and  a  majority  of  whose  qualified  electors  voting  thereon  shall  have  voted  in  favor 
thereof,  together  with  such  unincorporated  territory  as  the  city  initiating  such  consolidation 
proposal  may  desire  to  have  included,  the  whole  to  form  an  area  contiguous  to  said  city,  shall 
be  created  into  a  district  by  such  city,  and  the  proposal  substantially  as  above  prescribed  to 
be  used  when  the  territory  proposed  to  be  added  consists  wholly  of  only  one  incorporated  city 
or  town,  or  wholly  of  unincorporated  territory,  shall,  within  two  years,  be  submitted  to  the 
voters  of  said  entire  district  as  one  indivisible  question. 

Upon  consent  to  the  separation  of  such  district  and  of  the  city  initiating  the  consolidation 
proposal  being  given  by  a  majority  of  the  qualified  electors  voting  thereon  in  the  county  in 
which  the  city  proposing  such  separation  is  located,  and  upon  the  ratification  of  such  charter 
by  a  majority  of  the  qualified  electors  voting  thereon  in  such  city,  and  upon  the  approval 
of  the  proposal  hereinbefore  set  forth  by  a  majority  of  the  qualified  electors  voting  thereon  in 
the  whole  of  said  district  so  proposed  to  be  added,  and  upon  the  approval  of  said  charter  by 
the  legislature,  as  prescribed  in  section  eight  of  this  article,  said  charter  shall  be  deemed 
adopted,  the  said  indebtedness  referred  to  in  said  proposal  shall  be  deemed  to  have  been 
assumed,  and  upon  the  date  fixed  in  said  charter,  such  district  and  such  city  shall  be  and 
become  one  consolidated  city  and  county. 

6.  It  shall  be  competent  for  any  consolidated  city  and  county  now  existing,  or  which  shall 
hereafter  be  organized,  to  annex  territory  contiguous  to  such  consolidated  city  and  county, 
unincorporated  or  otherwise,  whether  situated  wholly  in  one  county,  or  parts  thereof  be 
situate  in  different  counties,  said  annexed  territory  to  be  an  integral  part  of  such  city  and 
county;  provided,  that  such  annexation  of  territory  shall  only  include  any  part  of  the  terri- 
tory which  was  at  the  time  of  the  original  consolidation  of  the  annexing  city  and  county, 
within  the  county  from  which  such  annexing  city  and  county  was  formed,  together  with 
territory  which  was  concurrently,  or  has  since  such  consolidation  been  joined  in  a  county 
government  with  the  area  of  the  original  county  not  included  in  such  consolidated  city  and 
county. 

If  additional  territory,  which  consists  wholly  of  only  one  incorporated  city,  city  and  county 
or  town,  or  which  consists  wholly  of  unincorporated  territory,  is  proposed  to  be  annexed  to 
any  consolidated  city  and  county  now  existing  or  which  shall  hereafter  be  organized,  then, 
upon  the  consent  to  any  such  annexation  being  given  by  a  majority  of  the  qualified  electors 
voting  thereon  in  any  county  or  counties  in  which  any  such  additional  territory  is  located, 
and  upon  the  approval  of  such  annexation  proposal  by  a  majority  of  the  qualified  electors 
voting  thereon  in  such  city  and  county,  and  also  upon  the  approval  of  the  proposal  herein- 
after set  forth  by  a  majority  of  the  qualified  electors  voting  thereon  in  the  whole  of  such 
territory  proposed  to  be  annexed,  the  indebtedness  hereinafter  referred  to  shall  be  deemed  to 
have  been  assumed,  and  at  the  time  stated  in  such  proposal,  such  additional  territory  and 
such  city  and  county  shall  be  and  become  one  consolidated  city  and  county,  to  be  governed  by 
the  charter  of  the  city  and  county  proposing  such  annexation  and  any  subsequent  amendment 
thereto. 

The  proposal  to  be  submitted  to  the  territory  proposed  to  be  annexed,  shall  be  substantially 
in  the  following  form  and  submitted  as  one  indivisible  question: 

"Shall  the  territory  (herein  designate  in  general  terms  the  territory  to  be  annexed)  con- 
solidate with  the  city  and  county  of  (herein  insert  the  name  of  the  city  and  county  initiating 
the  annexation  proposal)  in  a  consolidated  city  and  county  government,  said  consolidation  to 
take  effect   (herein  insert  date  when  such  consolidation  shall  take  effect)   and  shall  the  said 

(Ixxxi) 


CONSTITUTION    OF    THE    STATE    OF    CALIFORNIA. 

annexed  territory  become  subject  to  taxation,  as  an  integral  part  of  the  city  and  county  so 
formed,  in  accordance  with  the  assessable  valuation  of  property  of  said  territory  for  the 
following  indebtedness  of  said  city  and  county  of  (herein  insert  name  of  the  city  and  county) 
to 'wit:  (herein  insert  in  general  terms,  reference  to  any  debts  to  be  assumed  and  if  none 
insert  'none')  f  ** 

If  additional  territory  including  unincorporated  territory  and  one  or  more  incorporated 
cities,  cities  and  counties,  or  towns,  or  including  more  than  one  incorporated  city,  city  and 
county,  or  town,  is  proposed  to  be  annexed  to  any  consolidated  city  and  county  now  existing 
or  which  shall  hereafter  be  organized,  the  consent  of  each  such  incorporated  city,  city  and 
county,  or  town,  shall  be  obtained  by  a  majority  vote  of  the  qualified  electors  of  any  such 
incorporated  city,  city  and  county,  or  town,  voting  upon  a  proposal  substantially  as  follows: 

"Shall  (herein  insert  name  of  the  city,  city  and  county,  or  town,  to  be  included  in  such 
annexed  territory)  be  included  in  a  district  to  be  hereafter  defined  by  the  city  and  county  of 
(herein  insert  the  name  of  the  city  and  county  initiating  the  annexation  proposal)  which 
district  shall  within  two  years  from  the  date  of  this  election  vote  upon  a  proposal  submitted 
as  one  indivisible  question,  that  such  district  to  be  then  described  and  set  forth  shall  con- 
solidate with  (herein  insert  name  of  the  city  and  county  initiating  the  annexation  proposal) 
in  a  consolidated  city  and  county  government,  and  that  such  district  become  subject  to  taxa- 
tion, along  with  the  entire  territory  of  the  proposed  city  and  county  in  accordance  with  the 
assessable  valuation  of  the  property  of  said  district  for  the  following  indebtedness  of  said  city 
and  county  of  (herein  insert  name  of  the  city  and  county  initiating  the  annexation  proposal) 
to  wit:  (herein  insert  in  general  terms,  reference  to  any  debts  to  be  assumed  and  if  none 
insert  'none')  ?" 

Any  and  all  incorporated  cities,  cities  and  counties,  or  towns,  to  which  the  foregoing  pro- 
posal shall  have  been  submitted,  and  a  majority  of  whose  qualified  electors  voting  thereon 
shall  have  voted  in  favor  thereof,  together  with  such  unincorporated  territory  as  the  city 
and  county  initiating  such  annexation  proposal  may  desire  to  have  included,  the  whole  to 
form  an  area  contiguous  to  said  city  and  county,  shall  be  created  into  a  district  by  said  city 
and  county,  and  the  proposal  substantially  in  the  form  above  set  forth  to  be  used  when  the 
territory  proposed  to  he  added  consists  wholly  of  only  one  incorporated  city,  city  and  county, 
or  town,  or  wholly  of  unincorporated  territory,  shall,  within  said  two  years,  be  submitted  to 
the  voters  of  said  entire  district  as  one  indivisible  question. 

Upon  consent  to  any  such  annexation  being  given  by  a  majority  of  the  qualified  electors 
voting  thereon  in  any  county  or  counties  in  which  any  such  territory  proposed  to  be  annexed 
to  said  city  and  county  is  located,  and  upon  the  approval  of  any  such  annexation  proposal  by 
a  majority  of  the  qualified  electors  voting  thereon  in  such  city  and  county  proposing  such 
annexation,  and  also  upon  the  approval  of  the  proposal  hereinbefore  set  forth  by  a  majority 
of  the  qualified  electors  voting  thereon  in  the  whole  of  the  district  so  proposed  to  be  annexed, 
then,  the  said  indebtedness  referred  to  in  said  proposal  shall  be  deemed  to  have  been  assumed, 
and  upon  the  date  stated  in  such  annexation  proposal  such  district  and  such  city  and  countv 
shall  be  and  become  one  consolidated  city  and  county,  to  be  governed  by  the  charter  of  the 
city  and  county  proposing  such  annexation,  and  any  subsequent  amendment  thereto. 

Whenever  any  proposal  is  submitted  to  the  electors  of  any  county,  territory,  district,  city, 
city  and  county,  or  town,  as  above  provided,  there  shall  be  published,  for  at  least  five  succes- 
sive publications,  in  a  newspaper  of  general  circulation  printed  and  published  in  any  such 
county,  territory,  district,  city,  city  and  county,  or  town,  the  last  publication  to  be  not  less 
than  twenty  days  prior  to  any  such  election,  a  particular  description  of  any  territory  or  dis 
trict  to  be  separated,  added,  or  annexed,  together  with  a  particular  description  of  any  debts 
to  be  assumed,  as  above  referred  to,  unless  such  particular  description  is  contained  in  the 
said  proposal  so  submitted.  In  addition  to  said  description,  such  territory  shall  also  be  desig- 
nated in  such  notice  by  some  appropriate  name  or  other  words  of  identification,  by  which 
such  territory  may  be  referred  to  and  indicated  upon  the  ballots  to  be  used  at  any  election 
at  which  the  question  of  annexation  or  consolidation  of  additional  territory  is  submitted  as 
herein  provided.  If  there  be  no  such  newspaper  so  printed  and  published  in  any  such  county, 
territory,  district,  city,  city  and  county,  or  town,  then  such  publicatiou  may  be  made  in  any 

(  IxxxU  ) 


CONSTITUTIOX    OF    THE    STATE    OF    CALIFORNIA. 

newspaper  of  general  circulation  printed  and  published  in  the  nearest  county,  city,  city  aaid 
county,  or  town  where  there  may  be  such  a  newspaper  so  printed  and  published. 

If,  by  the  adoption  of  any  charter,  or  by  annexation,  any  incorporated  municipality  becomes 
a  portion  of  a  city  and  county,  its  property,  debts  and  liabilities  of  every  description  shall 
be  and  become  the  property,  debts  and  liabilities  of  such  city  and  county. 

Every  city  and  county  which  shall  be  formed,  or  the  territory  of  which  shall  be  enlarged  as 
herein  provided  from  territory  taken  from  any  county  or  counties,  shall  be  liable  for  a  just 
proportion  of  the  debts  and  liabilities  and  be  entitled  to  a  just  proportion  of  the  property 
and  assets  of  such  county  or  counties,  existing  at  the  time  such  territory  is  so  taken. 

The  provisions  of  this  constitution  applicable  to  cities,  and  cities  and  counties,  and  also 
those  applicable  to  counties,  so  far  as  not  inconsistent  or  prohibited  to  cities,  or  cities  and 
counties,  shall  be  applicable  to  such  consolidated  city  and  county  government;  and  no  pro- 
vision of  subdivision  five  or  six  of  this  section  shall  be  construed  as  a  restriction  upon  the 
plenary  authority  of  any  city  or  city  and  county  having  a  freeholders'  charter,  as  provided 
for  in  this  constitution,  to  determine  in  said  charter  any  and  all -matters  elsewhere  in  this 
constitution  authorized  and  not  inconsistent  herewith. 

The  legislature  shall  provide  for  the  formation  of  one  or  more  counties  from  the  portion 
or  portions  of  a  county  or  counties  remaining  after  the  formation  of  or  annexation  to  a 
consolidated  city  and  county,  or  for  the  transfer  of  such  portion  or  portions  of  such  original 
county  or  counties  to  adjoining  counties.  But  such  transfer  to  an  adjoining  county  shall  only 
be  made  after  approval  by  a  majority  vote  of  the  qualified  electors  voting  thereon  in  such 
territory  proposed  to  be  so  transferred. 

The  provisions  of  section  two  of  this  article,  and  also  those  provisions  of  section  three  of 
this  article  which  refer  to  the  passing  of  any  county  line  within  five  miles  of  the  exterior 
boundary  of  a  city  or  town  in  which  a  county  seat  of  any  county  proposed  to  be  divided  is 
situated,  and  to  the  reducing  of  the  population  of  any  county  upon  the  establishment  of  a 
new  county,  and  to  the  minimum  population  on  the  forming  of  a  new  county,  shall  not  apply 
to  the  formation  of,  nor  to  the  extension  of  the  territory  of  such  consolidated  cities  and  coun- 
ties, nor  to  the  formation  of  new  counties,  nor  to  the  annexation  of  existing  counties,  as 
herein  specified. 

Any  city  and  county  formed  under  this  section  shall  have  the  right,  if  it  so  desires,  to  be 
designated  by  the  oflScial  name  of  the  city  initiating  the  consolidation  as  it  existed  immedi- 
ately prior  to  its  adoption  of  a  charter  providing  for  a  consolidated  city  and  county  govern- 
ment, except  that  such  city  and  county  shall  be  known  under  the  style  of  a  city  and  county. 

It  shall  be  competent  in  any  charter  framed  for  a  consolidated  city  and  county,  or  by  amend- 
ment thereof,  to  provide  for  the  establishment  of  a  borough  system  of  government  for  the 
whole  or  any  part  of  the  territory  of  said  city  and  county,  by  which  one  or  more  districts 
may  be  created  therein,  which  districts  shall  be  known  as  boroughs  and  which  shall  exercise 
such  municipal  powers  as  may  be  granted  thereto  by  such  charter,  and  for  the  organization, 
regulation,  government  and  jurisdiction  of  such  boroughs;  provided,  that  in  the  event  of  such 
establishment  or  creation  of  a  borough  or  boroughs,  as  hereinabove  permitted,  the  boundaries 
thereof  shall  never  afterwards  be  changed  or  altered,  nor  shall  the  governmental  rights,  powers 
or  jurisdiction  of  any  such  borough  or  boroughs  be  thereafter  limited,  extended,  modified  or 
taken  away,  unless  and  until  the  borough  or  boroughs  affected  by  such  proposed  change  or 
alteration  of  boundaries,  or  by  the  proposed  limitation,  extension,  modification  or  taking  away 
of  governmental  rights,  powers  or  jurisdiction,  as  the  case  may  be,  shall  each  have  consented 
thereto,  by  the  vote  of  a  majority  of  the  voters  in  each  and  every  such  borough,  voting  at  an 
election  or  elections  called  and  held  for  such  purpose  in  each  of  the  boroughs  so  affected. 

No  property  in  any  territory  hereafter  consolidated  with  or  annexed  to  any  city  or  city 
and  county  shall  be  taxed  for  the  payment  of  any  indebtedness  of  such  city  or  city  and 
county  outstanding  at  the  date  of  such  consolidation  or  annexation  and  for  the  payment  of 
which  the  property  in  such  territory  was  not,  prior  to  such  consolidation  or  annexation,  subject 
to  such  taxation,  unless  there  shall  have  been  submitted  to  the  qualified  electors  of  such  terri- 
tory the  proposition  regarding  the  assumption  of  indebtedness  as  hereinbefore  set  forth  and 
the  same  shall  have  been  approved  by  a  majority  of  such  electors  voting  thereon. 

(  Ixxxiil  ) 


CONSTITUTION    OF    THE    STATE    OF    CALIFORNIA. 

7.  In  all  cases  of  annexation  of  unineorpoi'ated  territory  to  an  incorporated  city,  or  the 
consolidation  of  two  or  more  incorporated  cities,  assumption  of  existing  bonded  indebtedness 
by  such  unincorporated  territory  or  by  either  of  the  cities  so  consolidating  may  be  made  by  a 
majority  vote  of  the  qualified  electors  voting  thereon  in  the  territory  or  city  which  shall 
assume  an  existing  bonded  indebtedness.  This  provision  shall  apply  whether  annexation  or 
consolidation  is  effected  under  this  section  or  any  other  section  of  this  constitution,  and  the 
provisions  of  section  eighteen  of  this  article  shall  not  be  a  prohibition  thereof. 

The  legislature  shall  enact  sucn  general  laws  as  may  be  necessary  to  carry  out  the  provisions 
of  this  section  and  such  general  or  special  laws  as  may  be  necessary  to  carry  out  the  provisions 
of  subdivisions  five  and  six  of  this  section,  including  any  such  general  or  special  act  as  may  be 
necessary  to  permit  a  consolidated  city  and  county  to  submit  a  new  charter  or  charter  amend- 
ment to  take  effect  at  the  time  that  any  consolidation,  by  reason  of  annexation  to  such  consoli- 
dated city  and  county,  takes  effect,  and,  also,  any  such  general  law  or  special  act  as  may  be 
necessary  to  provide  for  any  period  after  such  consolidation,  by  reason  of  such  annexation,  takes 
effect,  and  prior  to  the  adoption  and  approval  of  any  such  new  charter  or  charter  amendment. 
[Amendment  adopted  November  5,  1918.] 

Sec.  9.  The  compensation  of  any  county,  city,  town,  or  municipal  officer  shall  not  be 
increased  after  his  election  or  during  his  term  of  office;  nor  shall  the  term  of  any  such 
officer  be  extended  beyond  the  period  for  which  he  is  elected  or  appointed. 

Sec.  10.     [Repealed  November  8,  1910.] 

Sec.  11.  Any  county,  city,  town,  or  township  may  make  and  enforce  within  its  limits  all 
such  local,  police,  sanitary,  and  other  regulations  as  are  not  in  conflict  with  general  laws. 

Sec.  12.  The  legislature  shall  have  no  power  to  impose  taxes  upon  counties,  cities,  towns 
or  other  public  or  municipal  corporations,  or  upon  the  inhabitants  or  property  thereof,  for 
county,  city,  town,  or  other  municipal  purposes,  but  may,  by  general  laws,  vest  in  the  corporate 
authorities  thereof  the  power  to  assess  and  collect  taxes  for  such  purposes. 

Sec.  13.  The  legislature  shall  not  delegate  to  any  special  commission,  private  corporation, 
company,  association  or  individual  any  power  to  make,  control,  appropriate,  supervise  or  in 
any  way  interfere  with  any  county,  city,  town  or  municipal  improvement,  money,  property, 
or  effects,  whether  held  in  trust  or  otherwise,  or  to  levy  taxes  or  assessments  or  perform  any 
municipal  function  whatever,  except  that  the  legislature  shall  have  power  to  provide  for  the 
supervision,  regulation  and  conduct,  in  such  manner  as  it  may  determine,  of  the  affairs  of 
irrigation  districts,  reclamation  districts  or  drainage  districts,  organized  or  existing  under 
any  law  of  this  state.     [Amendment  adopted  November  3,  1914.] 

Sec.  131/^.  Any  county,  city  and  county,  city,  town,  municipality,  irrigation  district,  or 
other  public  corporation,  issuing  bonds  under  the  laws  of  the  state,  is  hereby  authorized  and 
empowered  to  make  said  bonds  and  the  interest  thereon  payable  at  any  place  or  places 
within  or  outside  of  the  United  States,  and  in  any  money,  domestic  or  foreign,  designated  in 
said  bonds.     [Amendment  adopted  November  3,  1914.] 

Sec.  14.  The  legislature  may  by  general  and  uniform  laws  provide  for  the  inspection, 
measurement  and  graduation  of  merchandise,  manufactured  articles  and  commodities,  and 
may  provide  for  the  appointment  of  such  officers  as  may  be  necessary  for  such  inspection, 
measui-ement  and  graduation.     [Amendment  adopted  October  10,   1911.] 

Sec.  15.  Private  property  shall  not  be  taken  or  sold  for  the  payment  of  the  corporate 
debt  of  any  political  or  municipal  corporation. 

Sec.  16.  All  moneys,  assessments,  and  taxes  belonging  to  or  collected  for  the  use  of  any 
county,  city,  town,  or  other  public  or  municipal  corporation,  coming  into  the  hands  of  any 
officer  thereof,  shall  immediately  be  deposited  with  the  treasurer,  or  other  legal  depositary 
to  the  credit  of  such  city,  town,  or  other  corporation,  respectively,  for  the  benefit  of  the 
funds  to  which  they  respectively  belong. 

Sec.  IQVz-  AH  moneys  belonging  to  the  state  or  to  any  county  or  municipality  within  this 
state  may  be  deposited  in  any  national  bank  or  banks  within  this  state,  or  in  any  bank  or 
banks  organized  under  the  laws  of  this  state,  in  such  manner  and  under  such  conditions  as 
m:iy  be  provided  by  any  law  adopted  by  the  people  under  the  initiative  or  by  a  two-thirds  vote 

(  Ixxxiv  ) 


CONSTITUTION    OF    THE    STATE    OF    CALIFORNIA. 

of  eacb  house  of  the  legislature  and  approved  by  the  governor  and  subject  to  the  referendum; 
provided,  that  the  laws  now  governing  the  deposit  of  such  moneys  shall  continue  in  force  until 
such  laws  shall  be  amended,  changed  or  repealed  as  in  this  section  authorized;  and  provided, 
further,  that  the  state  or  any  county,  city  and  county,  city,  town  or  municipality,  issuing 
bonds  under  the  laws  of  this  state,  may  deposit  moneys  in  any  bank  or  banks  outside  this 
state  for  the  payment  of  the  principal  or  interest  of  such  bonds  at  the  place  or  places  at 
which  the  same  are  payable.     [Amendment  adopted  November  5,  1918.] 

Sec.  17.  The  making  of  profit  out  of  county,  city,  town,  or  other  public  money,  or  using 
the  same  for  any  purpose  not  authorized  by  law,  by  any  officer  having  the  possession  or 
control  thereof,  shall  be  a  felony,  and  shall  be  prosecuted  and  punished  as  prescribed  by  law. 

Sec.  18.  No  county,  city,  town,  township,  board  of  education,  or  school  district,  shall 
incur  any  indebtedness  or  liability  in  any  manner  or  for  any  purpose  exceeding  in  any  year 
the  income  and  revenue  provided  for  such  year,  without  the  assent  of  two-thirds  of  the 
qualified  electors  thereof,  voting  at  an  election  to  be  held  for  that  purpose,  nor  unless  before 
or  at  the  time  of  incurring  such  indebtedness  provision  shall  be  made  for  the  collection  of  an 
annual  tax  sufficient  to  pay  the  interest  on  such  indebtedness  as  it  falls  due,  and  also  provi- 
sion to  constitute  a  sinking  fund  for  the  payment  of  the  principal  thereof  on  or  before 
maturity,  which  shall  not  exceed  forty  years  from  the  time  of  contracting  the  same;  provided, 
however,  that  the  city  and  county  of  San  Francisco  may  at  any  time  pay  the  unpaid  claims, 
with  interest  thereon  at  the  rate  of  five  per  cent  per  annum,  for  materials  furnished  to  and 
work  done  for  said  city  and  county  during  the  forty-first,  forty-second,  forty-third,  forty- 
fourth  and  fiftieth  fiscal  years,  and  for  unpaid  teachers'  salaries  for  the  fiftieth  fiscal  year, 
out  of  the  income  and  revenue  of  any  succeeding  year  or  years,  the  amount  to  be  paid  in  full 
of  said  claims  not  to  exceed  in  the  aggregate  the  sum  of  five  hundred  thousand  dollars,  and 
that  no  statute  of  limitations  shall  apply  in  any  manner  to  these  claims;  and  provided, 
further,  that  the  city  of  Vallejo,  of  Solano  county,  may  pay  its  existing  indebtedness,  incurred 
in  the  construction  of  its  waterworks,  whenever  two-thirds  of  the  electors  thereof,  voting  at 
an  election  held  for  that  purpose,  shall  so  decide,  and  that  no  statute  of  limitations  shall 
apply  in  any  manner;  provided,  further,  that  the  city  of  Venice  may  pay  all  of  its  indebted- 
ness incurred  during  the  years  nineteen  hundred  fourteen,  nineteen  hundred  fifteen  and  nineteen 
hundred  sixteen  in  excess  of  the  income  and  revenue  for  said  years,  the  amount  to  be  paid  in 
full  of  said  indebtedness  not  to  exceed  in  the  aggregate  the  sum  of  sixty  thousand  dollars, 
whenever  two-thirds  of  the  voters  thereof  voting  at  an  election  held  for  that  purpose  shall 
so  decide,  and  that  no  statute  of  limitations  shall  apply  in  any  manner.  Any  indebtedness 
or  liability  incurred  contrary  to  this  provision,  with  the  exceptions  hereinbefore  recited,  shall 
be  void.  The  city  and  county  of  San  Francisco,  the  city  of  San  Jose,  and  the  town  of  Santa 
Clara  may  make  provision  for  a  sinking  fund,  to  pay  the  principal  of  any  indebtedness  incurred, 
or  to  be  hereafter  incurred  by  it,  to  commence  at  a  time  after  the  incurring  of  such  indebted- 
ness of  no  more  than  a  period  of  one-fourth  of  the  time  of  maturity  of  such  indebtedness, 
which  shall  not  exceed  seventy-five  years  from  the  time  of  contracting  the  same.  Any  indebt- 
edness incurred  contrary  to  any  provision  of  this  section  shall  be  void;  and,  provided,  further, 
that  the  county  of  Alameda  may,  upon  the  assent  of  two-thirds  of  the  qualified  electors  thereof 
voting  at  an  election  to  be  held  for  that  purpose,  incur  a  bonded  indebtedness  of  not  to  exceed 
one  million  dollars,  and  the  legislative  authority  of  said  county  of  Alameda  shall  issue  bonds 
therefor  and  grant  and  turn  over  to  the  Panama-Pacific  International  Exposition  Company, 
a  corporation  organized  under  the  laws  of  the  state  of  California,  March  22,  1910,  the 
proceeds  of  said  bonds  for  stock  in  said  company  or  under  such  other  terms  and  conditions 
as  said  legislative  authority  may  determine,  the  same  to  be  used  and  disbursed  by  said  exposi- 
tion company  for  the  purposes  of  an  exposition  to  be  held  in  the  city  and  county  of  San 
Francisco  to  celebrate  the  completion  of  the  Panama  canal;  said  bonds,  so  issued,  to  be  of 
such  form  and  to  be  redeemable,  registered  and  converted  in  such  manner  and  amounts,  and 
at  such  times  not  later  than  forty  years  from  the  date  of  their  issue  as  the  legislative  authority 
of  said  county  of  Alameda  shall  determine;  the  interest  on  said  bonds  not  to  exceed  five 
per  centum  per  annum,  and  said  bonds  to  be  exempt  from  all  taxes  for  state,  county  and 
municipal  purposes,  and  to  be  sold  for  not  less  than  par  at  such  times  and  places,  and  in 
such  manner,  as  shall  be  determined  by  said  lecfislative  authority;  the  proceeds  of  said  bonds, 

(  Ixxxv  ) 


CONSTITUTION    OF   THE    STATE    OF    CALIFORNIA, 

when  sold,  to  be  payable  immediately  upon  such  terms  or  conditions  as  said  legislative  body 
may  determine,  to  the  treasurer  of  said  Panama-Pacific  International  Exposition  Company, 
upon  demands  of  said  treasurer  of  said  exposition  company,  without  the  necessity  of  the 
approval  of  such  demands  by  other  authority,  than  said  legislative  authority  of  Alameda 
county,  the  same  to  be  used  and  disbursed  by  said  Panama-Pacific  International  Exposition 
Company  for  the  purposes  of  such  exposition,  under  the  direction  and  control  of  said  ex- 
position company;  and  the  legislative  authority  of  said  county  of  Alameda  is  hereby  empowered 
and  directed  to  levy  a  special  tax  on  all  taxable  property  in  said  county  each  year  after  the 
issue  of  said  bonds  to  raise  an  amount  to  pay  the  interest  on  said  bonds  as  the  same  become 
due,  and  to  create  a  sinking  fund  to  pay  the  principal  thereof  when  the  same  shall  become 
due.     [Amendment  adopted  November  5,  1918.] 

Sec.  18^4.  Anything  in  this  constitution  to  the  contrary  notwithstanding,  the  county  of 
Los  Angeles  may,  out  of  succeeding  years'  revenue  or  income,  reimburse  any  funds  officially 
held  by  the  treasurer  of  Los  Angeles  county  which  have  been  heretofore  diminished  by  pay- 
ment therefrom,  during  the  sixty-fourth,  sixty-fifth,  sixty-sixth,  sixty-seventh  or  sixty-eighth 
fiscal  years,  of  claims  or  demands  representing  indebtedness  or  liability  of  said  county  in 
excess  of  the  income  and  revenue  provided  for  the  year  in  which  such  indebtedness  or  liability 
was  incurred,  whenever  a  majority  of  the  qualified  electors  of  said  county  voting  at  an  election 
held  for  that  purpose  shall  so  decide;  and  such  an  election  may  be  called  by  the  board  of 
supervisors  of  said  county  and  held  in  accordance  with  the  election  laws  of  this  state  applic- 
able thereto.     [Amendment  adopted  November  5,  1918.] 

Sec.  19.  Ajiy  municipal  corporation  may  establish  and  operate  public  works  for  supplying 
its  inhabitants  with  light,  water,  power,  heat,  transportation,  telephone  service  or  other  means 
of  communication.  Such  works  may  be  acquired  by  original  construction  or  by  the  purchase 
of  existing  works,  including  their  franchises,  or  both.  Persons  or  corporations  may  establish 
and  operate  works  for  supplying  the  inhabitants  with  such  services  upon  such  conditions  and 
under  such  regulations  as  the  municipality  may  prescribe  under  its  organic  law,  on  condition 
that  the  municipal  government  shall  have  the  right  to  regulate  the  charges  thereof.  A 
municipal  corporation  may  furnish  such  services  to  inhabitants  outside  its  boundaries ;  provided, 
that  it  shall  not  furnish  any  service  to  the  inhabitants  of  any  other  municipality  owning  or 
operating  works  supplying  the  same  service  to  such  inhabitants,  without  the  consent  of  such 
other  municipality,  expressed  by  ordinance.     [Amendment  adopted  October  10,  1911.] 

ARTICLE  XIL 

CORPORATIONS. 

Section  1.  Corporations  may  be  formed  under  general  laws,  but  shall  not  be  created  by 
special  act.  All  laws  now  in  force  in  the  state  concerning  corporations,  and  all  laws  that 
may  be  hereafter  passed  pursuant  to  this  section,  may  be  altered  from  time  to  time  or  repealed. 

Sec.  2.  Dues  from  corporations  shall  be  secured  by  such  individual  liability  of  the  cor- 
porators and  other  means  as  may  be  prescribed  by  law. 

Sec.  3.  Each  stockholder  of  a  corporation,  or  joint-stock  association,  shall  be  individually 
and  personally  liable  for  such  proportion  of  all  its  debts  and  liabilities  contracted  or  incurred, 
during  the  time  he  was  a  stockholder,  as  the  amount  of  stock  or  shares  owned  by  him  bears 
to  the  whole  of  the  subscribed  capital  stock,  or  shares  of  the  corporation  or  association.  The 
directors  or  trustees  of  corporations  and  joint-stock  associations  shall  be  jointly  and  severally 
liable  to  the  creditors  and  stockholders  for  all  moneys  embezzled  or  misappropriated  by  the 
officers  of  such  corporation  or  joint-stock  association,  during  the  term  of  office  of  8uch  director 
or  trustee. 

Nothing  in  the  preceding  paragraph  of  this  section  shall  be  held  to  apply  to  any  exposi- 
tion company  organized  to  promote  and  carry  on  any  international  exposition  or  world's  fair 
within  the  state  of  California,  and  the  liability  of  stockholders  in  any  such  exposition  com- 
pany shall  be  and  the  same  is  hereby  limited  to  an  amount  not  exceeding  the  par  value  of 
the  stock  of  said  corporation  subscribed  for  by  such  stockholders.  [Amendment  adopted 
November  3,  1908.] 

(  Ixxxvi  ) 


COXSTITLTIOX    OF    THE    STATE    OF    CALIFORNIA. 

Sec.  4.  The  term  corporations,  as  used  in  this  article,  shall  be  construed  to  include  all 
associations  and  joint-stock  companies  having  any  of  the  powers  or  privileges  of  corporations 
not  possessed  by  individuals  or  partnerships,  and  all  corporations  shall  have  the  right  to  sue 
and  be  subject  to  be  sued,  in  all  courts,  in  like  cases  as  natural  persons. 

Sec.  5.  The  legislature  shall  have  no  power  to  pass  any  act  granting  any  charter  for 
banking  purposes,  but  corporations  or  associations  may  be  formed  for  such  purposes  under 
general  laws,  and  the  legislature  shall  provide  for  the  classification  of  cities  and  towns  by 
population  for  the  purpose  of  regulating  the  business  of  banking.  No  corporation,  asso- 
ciation, or  individual  shall  issue  or  put  in  circulation,  as  money,  anything  but  the  lawful 
money  of  the  United  States.      [Amendment  adopted  November  8,  1910.] 

Sec.  6.  All  existing  charters,  grants,  franchises,  special  or  exclusive  privileges,  under 
which  an  actual  and  bona  fide  organization  shall  not  have  taken  place,  and  business  been 
commenced  in  good  faith,  at  the  time  of  the  adoption  of  this  constitution,  shall  thereafter 
have  no  validity. 

Sec.  7.  The  legislature  shall  not  extend  any  franchise  or  charter,  nor  remit  the  forfeiture 
of  any  franchise  or  charter  of  any  quasi-public  corporation  now  existing  or  which  shall  here- 
after exist  under  the  laws  of  this  state.  The  term  of  existence  of  any  other  corporation  now 
or  hereafter  existing  under  the  laws  of  this  state,  may  be  extended  at  any  time  prior  to  the 
expiration  of  its  corporate  existence,  for  a  period  not  exceeding  fifty  years  from  the  date  of 
such  extension,  by  the  vote  or  written  consent  of  stockholders  representing  two-thirds  of  its 
capital  stock  or  of  two-thirds  of  the  members  thereof.  A  certificate  of  such  vote  or 
consent  shall  be  signed  and  sworn  to  by  the  president  and  secretary,  and  by  a  majority  of  the 
directors  of  the  corporation  and  filed  and  certified  in  the  manner  and  upon  payment  of  fees 
required  by  law  for  filing  and  certifying  articles  of  incorporation,  and  thereupon  the  term 
of  the  corporation  shall  be  extended  for  the  period  specified  in  such  certificate,  and  such 
corporation  shall  thereafter  pay  all  annual  or  other  fees  required  by  law  to  be  paid  by  cor- 
porations.    [Amendment  adopted  November  3,  1908.] 

Sec.  8.  The  exercise  of  the  right  of  eminent  domain  shall  never  be  so  abridged  or  con- 
strued as  to  prevent  the  legislature  from  taking  the  property  and  franchises  of  incorporated 
companies  and  subjecting  them  to  public  use  the  same  as  the  property  of  individuals,  and 
the  exercise  of  the  police  power  of  the  state  shall  never  be  so  abridged  or  construed  as  to 
permit  corporations  to  conduct  their  business  in  such  manner  as  to  infringe  the  rights  of 
individuals  or  the  general  well-being  of  the  state. 

Sec.  9.  No  corporation  shall  engage  in  any  business  other  than  that  expressly  authorized 
in  its  charter  or  the  law  under  which  it  may  have  been  or  may  hereafter  be  organized;  nor 
shall  it  hold  for  a  longer  period  than  five  years  any  real  estate  except  such  as  may  be  neces- 
sary for  carrying  on  its  business. 

Sec.  10.  The  legislature  shall  not  pass  any  laws  permitting  the  leasing  or  alienation  of 
any  franchise,  so  as  to  relieve  the  franchise  or  property  held  thereunder  from  the  liabilities 
of  the  lessor  or  grantor,  lessee  or  grantee,  contracted  or  incurred  in  the  operation,  use,  or  en- 
joyment of  such  franchise  or  any  of  its  privCeges. 

Sec.  11.  No  corporation  shall  issue  stock  or  bonds,  except  for  money  paid,  labor  done, 
or  property  actually  received,  and  all  fictitious  increase  of  stock  or  indebtedness  shall  be  void. 
The  stock  and  bonded  indebtedness  of  corporations  shall  not  be  increased,  except  in  pursu- 
ance of  general  law,  nor  without  the  consent  of  the  persons  holding  the  larger  amount  in 
value  of  the  stock,  at  a  meeting  called  for  that  purpose,  giving  sixty  days'  public  notice, 
as  may  be  provided  by  law. 

Sec.  12.  In  all  elections  for  directors  or  managers  of  corporations  every  stockholder  shall 
have  the  right  to  vote,  in  person  or  by  proxy,  the  number  of  shares  of  stock  owned  by  him, 
for  as  many  persons  as  there  are  directors  or  managers  to  be  elected,  or  to  cumulate  said 
shares  and  give  one  candidate  as  many  votes  as  the  number  of  directors  multiplied  by  the 
number  of  his  shares  of  stock  shall  equal,  or  to  distribute  them,  on  the  same  principle,  among 
as  many  candidates  as  he  shall  tiiiaJlr  fit:  oj^d  such  directors  or  manaeers  shall  not  be  elected 

(  Ixxxvn  J 


CONSTITUTION    OP    THE    STATE    OF    CALIFORNIA. 

in  any  other  manner,  except  that  members  of  co-operative  societies  formed  for  agricultural, 
mercantile,  and  manufacturing  purposes  may  vote  on  all  questions  affecting  such  societies  in 
•manner  prescribed  by  law. 

Sec.  13.  The  state  shall  not,  in  any  manner,  loan  its  credit,  nor  shall  it  subscribe  to  or 
be  interested  in  the  stock  of  any  company,  association,  or  corporation. 

Sec.  14.  Every  corporation  other  than  religious,  educational,  or  benevolent,  organized 
or  doing  business  in  this  state,  shall  have  and  maintain  an  office  or  place  in  this  state  for  the 
transaction  of  its  business,  where  transfers  of  stock  shall  be  made,  and  in  which  shall  be  kept, 
for  inspection  by  every  person  having  an  interest  therein,  and  legislative  committees,  books 
in  which  shall  be  recorded  the  amount  of  capital  stock  subscribed,  and  by  whom;  the  names 
of  the  owners  of  its  stock,  and  the  amounts  owned  by  them,  respectively;  the  amount  of 
stock  paid  in,  and  by  whom;  the  transfer  of  stock;  the  amount  of  its  assets  and  liabilities,  and 
the  names  and  places  of  residence  of  its  officers. 

Sec.  15.  No  corporation  organized  outside  the  limits  of  this  state  shall  be  allowed  to 
transact  business  within  this  state  on  more  favorable  conditions  than  are  prescribed  by  law 
to  similar  corporations  organized  under  the  laws  of  this  state. 

Sec.  16.  A  corporation  or  association  may  be  sued  in  the  county  where  the  contract  is 
made  or  is  to  be  performed,  or  where  the  obligation  or  liability  arises  or  the  breach  occurs; 
or  in  the  county  where  the  principal  place  of  business  of  such  corporation  is  situated,  subject 
to  the  power  of  the  court  to  change  the  place  of  trial  as  in  other  cases. 

Sec.  17.  All  railroad,  canal,  and  other  transportation  companies  are  declared  to  be  common 
carriers,  and  subject  to  legislative  control.  Any  association  or  corporation,  organized  for  the 
purpose  under  the  laws  of  this  state,  shall  have  the  right  to  connect  at  the  state  line  with 
railroads  of  other  states.  Every  railroad  company  shall  have  the  right  with  its  road  to  inter- 
sect, connect  with,  or  cross  any  other  railroad,  and  shall  receive  and  transport  each  the  other's 
passengers,  tonnage,  and  cars,  without  delay  or  discrimination. 

Sec.  18.  No  president,  director,  oflBcer,  agent,  or  employee  of  any  railroad  or  canal  com- 
pany shall  be  interested,  directly  or  indirectly,  in  the  furnishing  of  material  or  supplies  to 
such  company,  nor  in  the  business  of  transportation  as  a  common  carrier  of  freight  or  passen- 
gers over  the  works  owned,  leased,  controlled,  or  worked  by  such  company,  except  such 
interest  in  the  business  of  transportation  as  lawfully  flows  from  the  ownership  of  stock  therein. 

Sec.  19.  No  railroad  or  other  transportation  company  shall  grant  free  passes,  or  passes 
or  tickets  at  a  discount,  to  any  person  holding  any  office  of  honor,  trust,  or  profit  in  this  state ; 
and  the  acceptance  of  any  such  pass  or  ticket  by  a  member  of  the  legislature,  or  any  public 
officer,  other  than  railroad  commissioner,  shall  work  a  forfeiture  of  his  office. 

Sec.  20.  No  railroad  or  other  transportation  company  shall  raise  any  rate  of  charge  for 
the  transportation  of  freight  or  passengers  or  any  charge  connected  therewith  or  incidental 
thereto,  under  any  circumstances  whatsoever,  except  upon  a  showing  before  the  railroad 
commission  provided  for  in  this  constitution,  that  such  increase  is  justified,  and  the  decision 
of  the  said  commission  upon  the  showing  so  made  shall  not  be  subject  to  review  by  any  court 
except  upon  the  question  whether  such  decision  of  the  commission  will  result  in  confiscation 
of  property.     [Amendment  adopted  October  10,  1911.] 

Sec.  21.  No  discrimination  in  charges  or  facilities  for  transportation  shall  be  made  by 
any  railroad  or  other  transportation  company  between  places  or  persons,  or  in  the  facilities 
for  the  transportation  of  the  same  classes  of  freight  or  passengers  within  this  state.  It  shall 
be  unlawful  for  any  railroad  or  other  transportation  company  to  charge  or  receive  any 
greater  compensation  in  the  aggregate  for  the  transportation  of  passengers  or  of  like  kind  of 
property  for  a  shorter  than  for  a  longer  distance  over  the  same  line  or  route  in  the  same 
direction,  the  shorter  being  included  within  the  longer  distance,  or  to  charge  any  greater 
compensation  as  a  through  rate  than  the  aggregate  of  the  intermediate  rates;  provided, 
however,  that  upon  application  to  the  railroad  commission  provided  for  in  this  constitution 
such  company  may,  in  special  cases,  after  investigation,  be  authorized  by  such  commission  to 
charge  less  for  longer  than  for  shorter  distances  for  the  transportation  of  persons  or  prop- 
erty and  the  railroad  commission  may  from  time  to  time  prescribe  the  extent  to  which  such 

(  Ixxxviii  ) 


CONSTITITIOX    OF    THE    STATE    OF    CALIFORNIA. 

company  rney  be  relieved  from  the  prohibition  to  charge  less  for  the  longer  than  for  the 
shorter  haul.  The  railroad  commission  shall  have  power  to  authorize  the  issuance  of  excur- 
sion and  commutation  tickets  at  special  rates.  Nothing  herein  contained  shall  be  construed 
to  prevent  the  railroad  commission  from  ordering  and  compelling  any  railroad  or  other  trans- 
portation company  to  make  reparation  to  any  shipper  on  account  of  the  rates  charged  to  said 
shipper  being  excessive  or  discriminatory,  provided  no  discrimination  will  result  from  such 
reparation.     [Amendment  adopted  October  10,  1911.] 

Sec.  22.  There  is  hereby  created  a  railroad  commission  which  shall  consist  of  five  members 
and  which  shall  be  known  as  the  railroad  commission  of  the  state  of  California.  The  com- 
mission shall  be  appointed  by  the  governor  from  the  state  at  large;  provided,  that  the  legis- 
lature, in  its  discretion,  may  divide  the  state  into  districts  for  the  purpose  of  such  appoint- 
ments, said  districts  to  be  as  nearly  equal  in  population  as  practicable;  and  provided,  further, 
that  the  three  commissioners  in  oflSce  at  the  time  this  section  takes  effect  shall  serve  out  the 
term  for  which  they  were  elected,  and  that  two  additional  commissioners  shall  be  appointed 
by  the  governor  immediately  after  the  adoption  of  this  section,  to  hold  office  during  the 
same  term.  Upon  the  expiration  of  said  term,  the  term  of  office  of  each  commissioner 
thereafter  shall  be  six  years,  except  the  commissioners  first  appointed  hereunder  after  such 
expiration,  one  of  whom  shall  be  appointed  to  hold  office  until  January  1,  1917,  two  until 
January  1,  1919,  and  two  until  January  1,  1921.  Whenever  a  vacancy  in  the  office  of  com- 
missioner shall  occur  the  governor  shall  forthwith  appoint  a  qualified  person  to  fill  the  same 
for  the  unexpired  term.  Commissioners  appointed  for  regular  terms  shall  at  the  beginning 
of  the  term  for  which  they  are  appointed,  and  those  appointed  to  fill  vacancies,  shall  im- 
mediately upon  their  appointment,  enter  upon  the  duties  of  their  offices.  The  legislature 
shall  fijx  the  salaries  of  the  commissioners,  but  pending  such  action  the  salaries  of  the  com- 
missioners, their  officers  and  employees  shall  remain  as  now  fixed  by  law.  The  legislature 
shall  have  the  power,  by  a  two-thirds  vote  of  all  members  elected  to  each  house,  to  remove 
any  one  or  more  of  said  commissioners  from  office  for  dereliction  of  duty  or  corruption  or 
incompetency.  All  of  said  commissioners  shall  be  qualified  electors  of  this  state,  and  no  person 
in  the  employ  of  or  holding  any  official  relation  to  any  person,  firm  or  corporation,  which  said 
person,  firm  or  corporation  is  subject  to  regulation  by  said  railroad  commission  and  no  person 
owning  stock  or  bonds  of  any  such  corporation  or  who  is  in  any  manner  pecuniarily  interested 
therein,  shall  be  appointed  to  or  hold  the  office  of  railroad  commissioner.  No  vacancy  in  the 
commission  shall  impair  the  right  of  the  remaining  commissioners  to  exercise  all  the  powers 
of  the  commission.  The  act  of  a  majority  of  the  commissioners  when  in  session  as  a  board 
shall  be  deemed  to  be  the  act  of  the  commission;  but  any  investigation,  inquiry  or  hearing 
which  the  commission  has  power  to  undertake  or  to  hold  may  be  undertaken  or  held  by  or 
before  any  commissioner  designated  for  the  purpose  by  the  commission,  and  every  order  made 
by  a  commissioner  so  designated,  pursuant  to  such  inquiry,  investigation  or  hearing,  when 
approved  or  confirmed  by  the  commission  ordered  filed  in  its  office,  shall  be  deemed  to  be  the 
order  of  the  commission. 

Said  commission  shall  have  the  power  to  establish  rates  of  charges  for  the  transportation 
of  passengers  and  freight  by  railroads  and  other  transportation  companies,  and  no  railroad  or 
other  transportation  company  shall  charge  or  demand  or  collect  or  receive  a  greater  or  less 
or  different  compensation  for  such  transportation  of  passengers  or  freight,  or  for  any  service 
in  connection  therewith,  between  the  points  named  in  any  tariff  of  rates,  established  by  said 
commission,  than  the  rates,  fares  and  charges  which  are  specified  in  such  tariff.  The  com- 
mission shall  have  the  further  power  to  examine  books,  records  and  papers  of  all  railroad 
and  other  transportation  companies;  to  hear  and  determine  complaints  against  railroad  and 
other  transportation  companies;  to  issue  subpoenas  and  all  necessary  process  and  send  for 
persons  and  papers;  and  the  commission  and  each  of  the  commissioners  shall  have  the  power 
to  administer  oaths,  take  testimony  and  punish  for  contempt  in  the  same  manner  and  to  the 
same  extent  as  courts  of  record;  the  commission  may  prescribe  a  uniform  system  of  accounts 
to  be  kept  by  all  railroad  and  other  transportation  companies. 

No  provision  of  this  constitution  shall  be  construed  as  a  limitation  upon  the  authority  of 
the  legislature  to   confer  upon  the  railroad  commission  additional  powers   of   the   same  kind 

(  Ixxxix  ) 


CONSTITUTION    OF   THE    STATE    OF    CALIFORNIA. 

or  different  from  those  conferred  herein  which  are  not  inconsistent  with  the  powert  conferred 
upon  the  railroad  commission  in  this  constitution,  and  the  authority  of  the  legislature  to  confer 
such  additional  powers  is  expressly  declared  to  be  plenary  and  unlimited  by  any  provision  of 
this  constitution. 

The  provisions  of  this  section  shall  not  be  construed  to  repeal  in  whole  or  in  part  any 
existing  law  not  inconsistent  herewith,  and  the  "Railroad  Commission  Act"  of  this  state 
approved  February  10,  1911,  shall  be  construed  with  reference  to  this  constitutional  provision 
and  any  other  constitutional  provision  becoming  operative  concurrently  herewith.  And  the 
said  act  shall  have  the  same  force  and  effect  as  if  the  same  had  been  passed  after  the  adop- 
tion of  this  provision  of  the  constitution  and  of  all  other  provisions  adopted  concurrently 
herewith,  except  that  the  three  commissioners  referred  to  in  said  act  shall  be  held  and  con- 
strued to  be  the  five  commissioners  provided  for  herein.  [Amendment  adopted  October  10, 
1911.] 

Sec.  23.  Every  private  corporation,  and  every  individual  or  association  of  individuals, 
owning,  operating,  managing,  or  controlling  any  commercial  railroad,  interurban  railroad, 
street  railroad,  canal,  pipe  line,  plant,  or  equipment,  or  any  part  of  such  railroad,  canal,  pipe 
line,  plant,  or  equipment  within  this  state,  for  the  transportation  or  conveyance  of  passengers, 
or  express  matter,  or  freight  of  any  kind,  including  crude  oil,  or  for  the  transmission  of  tele- 
phone or  telegraph  messages,  or  for  the  production,  generation,  transmission,  delivery  or 
furnishing  of  heat,  light,  water  or  power  or  for  the  furnishing  of  storage  or  wharfage 
facilities,  either  directly  or  indirectly,  to  or  for  the  public,  and  every  common  carrier,  is 
hereby  declared  to  be  a  public  utility  subject  to  such  control  and  regulation  by  the  railroad 
commission  as  may  be  provided  by  the  legislature,  and  every  class  of  private  corporations, 
individuals,  or  associations  of  individuals  hereafter  declared  by  the  legislature  to  be  public 
utilities  shall  likewise  be  subject  to  such  control  and  regulation.  The  railroad  commission 
shall  have  and  exercise  such  power  and  jurisdiction  to  supervise  and  regulate  public  utilities, 
in  the  state  of  California,  and  to  fix  the  rates  to  be  charged  for  commodities  furnished,  or 
services  rendered  by  public  utilities  as  shall  be  conferred  upon  it  by  the  legislature,  and  the 
right  of  the  legislature  to  confer  powers  upon  the  railroad  commission  respecting  public  utilities 
is  hereby  declared  to  be  plenary  and  to  be  unlimited  by  any  provision  of  this  constitution. 
From  and  after  the  passage  by  the  legislature  of  laws  conferring  powers  upon  the  railroad 
commission,  respecting  public  utilities,  all  powers  respecting  such  public  utilities  vested  in 
boards  of  supervisors,  or  municipal  councils,  or  other  governing  bodies  of  the  several  coun- 
ties, cities  and  counties,  cities  and  towns,  in  this  state,  or  in  any  commission  created  by  law 
and  existing  at  the  time  of  the  passage  of  such  laws,  shall  cease  so  far  as  such  powers  shall 
conflict  with  the  powers  so  conferred  upon  the  railroad  commission;  provided,  however,  that 
this  section  shall  not  affect  such  powers  of  control  over  public  utilities  as  relate  to  the  making 
and  enforcement  of  local,  police,  sanitary  and  other  regulations,  other  than  the  fixing  of  rates, 
vested  in  any  city  and  county  or  incorporated  city  or  town  as,  at  an  election  to  be  held  pur- 
suant to  law,  a  majority  of  the  qualified  electors  of  such  city  and  county,  or  incorporated  city 
or  town,  voting  thereon,  shall  vote  to  retain,  and  until  such  election  such  powers  shall  continue 
unimpaired;  but  if  the  vote  so  taken  shall  not  favor  the  continuation  of  such  powers  they  shall 
thereafter  vest  in  the  railroad  commission  as  provided  by  law;  and  provided,  further,  that 
where  any  such  city  and  county,  or  incorporated  city  or  town,  shall  have  elected  to  con- 
tinue any  of  its  powers  to  make  and  enforce  such  local,  police,  sanitary  and  other  regulations, 
other  than  the  fixing  of  rates,  it  may,  by  a  vote  of  a  majority  of  its  qualified  electors  voting 
thereon,  thereafter  surrender  such  powers  to  the  railroad  commission  in  the  manner  prescribed 
by  the  legislature;  and  provided,  further,  that  this  section  shall  not  affect  the  right  of  any 
city  and  county  or  incorporated  city  or  town,  to  grant  franchises  for  public  utilities  upon 
the  terms  and  conditions  and  in  the  manner  prescribed  by  law.  Nothing  in  this  section  shall 
be  construed  as  a  limitation  upon  any  power  conferred  upon  the  railroad  commission  \>j  any 
provision  of  this  constitution  now  existing  or  adopted  concurrently  herewith.  [Amendment 
adopted  November  3,  1914.] 

Sec.  23a.  The  railroad  commission  shall  have  and  exercise  such  power  and  jurisdiction  as 
shall  be  conferred  upon  it  by  the  legislature  to  fix  the  just  compensation  to  be  paid  for  the 
taking  of  any  property  of  a  public  utility  in   eminent   domain  proceedings  by  the  state   or 

(xc) 


CONSTITUTION    OF    THE    STATE    OF    CALIFORNIA. 

any  county,  city  and  county,  incorporated  city  or  town,  or  municipal  water  district,  and  tha 
right  of  the  legislature  to  confer  such  powers  upon  the  railroad  commission  is  hereby  de- 
clared to  be  plenary  and  to  be  unlimited  by  any  provision  of  this  constitution.  All  acts  of 
the  legislature  heretofore  adopted,  which  are  in  accordance  herewith,  are  hereby  confirmed  and 
declared  valid.     [New  section  adopted  November  3,  1914.] 

Sec.  24.  The  legislature  shall  pass  all  laws  necessary  for  the  enforcement  of  the  provi- 
sions of  this  article. 

ARTICLE  Xni. 

EEVENUE   AND  TAXATION. 

Section  1.  All  property  in  the  state  except  as  otherwise  in  this  constitution  provided,  not 
exempt  under  the  laws  of  the  United  States,  shall  be  taxed  in  proportion  to  its  value,  to  be 
ascertained  as  provided  by  law,  or  as  hereinafter  provided.  The  word  "property,"  as  used 
in  this  article  and  section,  is  hereby  declared  to  include  moneys,  credits,  bonds,  stocks,  dues, 
franchises,  and  all  other  matters  and  things,  real,  personal  and  mixed,  capable  of  private 
ownership;  provided,  that  a  mortgage,  deed  of  trust,  contract,  or  other  obligation  by  which 
a  debt  is  secured  when  land  is  pledged  as  security  for  the  payment  thereof,  together  with  the 
money  represented  by  such  debt,  shall  not  be  considered  property  subject  to  taxation;  and 
further  -provided,  that  property  used  for  free  public  libraries  and  free  museums,  growing 
crops,  property  used  exclusively  for  public  schools,  and  such  as  may  belong  to  the  United 
States,  this  state,  or  to  any  county,  city  and  county,  or  municipal  corporation  within  the 
state  shall  be  exempt  from  taxation,  except  such  lands  and  the  improvements  thereon  located 
outside  of  the  county,  city  and  county,  or  municipal  corporation  owning  the  same  as  were 
subject  to  taxation  at  the  time  of  the  acquisition  of  the  same  by  said  county,  city  and 
county,  or  municipal  corporation,  provided,  that  no  improvements  of  any  character  whatever 
constructed  by  any  county,  city  and  county,  or  municipal  corporation  shall  be  subject  to 
taxation.  All  lands  or  improvements  thereon,  belonging  to  any  county,  city  and  county,  or 
municipal  corporation,  not  exempt  from  taxation,  shall  be  assessed  by  the  assessor  of  the 
county,  city  and  county,  or  municipal  corporation  in  which  said  lands  or  improvements  are 
located,  and  said  assessment  shall  be 'subject  to  review,  equalization  and  adjustment  by  the 
state  board  of  equalization.  The  legislature  may  provide,  except  in  the  case  of  credits  secured 
by  mortgage  or  trust  deed,  for  a  deduction  from  credits  of  debts  due  to  bona  fide  residents  of 
this  state.     [Amendment  adopted  November  3,  1914.] 

Sec.  11/4-  The  property  to  the  amount  of  one  thousand  dollars  of  every  resident  in  this 
state  who  has  served  in  the  army,  navy,  marine  corps,  or  revenue  marine  service  of  the 
United  States  in  time  of  war,  and  received  an  honorable  discharge  therefrom;  or  lacking 
such  amount  of  property  in  his  own  name,  so  much  of  the  property  of  the  wife  of  any  such 
person  as  shall  be  necessary  to  equal  said  amount;  and  property  to  the  amount  of  one 
thousand  dollars  of  the  widow  resident  in  this  state,  or  if  there  be  no  such  widow,  of  the 
widowed  mother  resident  in  this  state,  of  every  person  who  has  so  served  and  has  died  either 
during  his  term  of  service  or  after  receiving  honorable  discharge  from  said  service;  and  the 
property  to  the  amount  of  one  thousand  dollars  of  pensioned  widows,  fathers,  and  mothers, 
resident  in  this  state,  of  soldiers,  sailors,  and  marines  who  served  in  the  army,  navy,  or  marine 
corps,  or  revenue  marine  service  of  the  United  States,  shall  be  exempt  from  taxation;  provided, 
that  this  exemption  shall  not  apply  to  any  person  named  herein  owning  property  of  the 
value  of  five  thousand  dollars  or  more,  or  where  the  wife  of  such  soldier  or  sailor  owns 
property  of  the  value  of  five  thousand  dollars  or  more.  No  exemption  shall  be  made  under 
the  provisions  of  this  act  of  the  property  of  a  person  who  is  not  a  legal  resident  of  this 
state.     [New  section  adopted  October  10,  1911.] 

Sec.  iV-i-  AH  buildings,  and  so  much  of  the  real  property  on  which  they  are  situated  as 
may  be  required  for  the  convenient  use  and  occupation  of  said  buildings,  when  the  same  are 
used  solely  and  exclusively  for  religious  worship  shall  be  free  from  taxation;  provided,  that 
no  building  so  used  which  may  be  rented  for  religious  purposes  and  rent  received  by  the 
owner  therefor,  shall  be  exempt  from  taxation.     [New  section  adopted  November  6,  1900.] 

Sec.  1M>o.  All  buildings,  and  so  much  of  the  real  property  connected  therewith  as  may 
be   required  for  the  occupation  of  institutions   sheltering  more   than  twenty   orplian   or   half- 

(  xci  ) 


CONSTITUTION    OF   THE    STATE    OP    CALIFORNIA. 

orphan  children  receiving  state  aid  shall  be  free  from  taxation;  provided,  that  no  building  or 
real  or  personal  property  so  used  which  may  be  rented  and  the  rent  received  by  the  owner 
therefor  shall  be  exempt  from  taxation  under  the  terms  of  this  act.  [New  section  adopted 
November  2,  1920.] 

Sec.  1%.  All  bonds  hereafter  issued  by  the  state  of  California,  or  by  any  county,  city  and 
county,  municipal  corporation,  or  district  (including  school,  reclamation,  and  irrigation  dis- 
tricts) within  said  state,  shall  be  free  and  exempt  from  taxation.  [New  section  adopted 
November  4,  1902.] 

Sec.  la.  Any  educational  institution  of  collegiate  grade,  within  the  state  of  California, 
not  conducted  for  profit,  shall  hold  exempt  from  taxation  its  buildings  and  equipment,  its 
grounds  within  which  its  buildings  are  located,  not  exceeding  one  hundred  acres  in  area,  its 
securities  and  income  used  exclusively  for  the  purposes  of  education.  [New  section  adopted 
November  3,  1914.] 

Sec.  2.  Land,  and  the  improvements  thereon,  shall  be  separately  assessed.  Cultivated  and 
uncultivated  land,  of  the  same  quality,  and  similarly  situated,  shall  be  assessed  at  the  same 
value. 

Sec.  3.  Every  tract  of  land  containing  more  than  six  hundred  and  forty  acres,  and  which 
has  been  sectionized  by  the  United  States  government,  shall  be  assessed,  for  the  purposes  of 
taxation,  by  sections  or  fractions  of  sections.  The  legislature  shall  provide  by  law  for  the 
assessment,  in  small  tracts,  of  all  lands  not  sectionized  by  the  United  States  government. 

Sec.  4.  All  vessels  of  more  than  fifty  tons  burden  registered  at  any  port  in  this  sta^e  and 
engaged  in  the  transportation  of  freight  or  passengers,  shall  be  exempt  from  taxation  except 
for  state  purposes,  until  and  including  the  first  day  of  January,  nineteen  hundred  thirty-five. 
[New  section  adopted  November  3,  1914.] 

Sec.  5.     [Repealed  November  6,  1906.] 

Sec.  6.  The  power  of  taxation  shall  never  be  surrendered  or  suspended  by  any  grant  or 
contract  to  which  the  state  shall  be  a  party.  • 

Sec.  7.  The  legislature  shall  have  the  power  to  provide  by  law  for  the  payment  of  all 
taxes  on  real  property  by  installments. 

Sec.  8.  The  legislature  shall  by  law  require  each  taxpayer  in  this  state  to  make  and 
deliver  to  the  county  assessor,  annually,  a  statement,  under  oath,  setting  forth  specifically  all 
the  real  and  personal  property  owned  by  such  taxpayer,  or  in  his  possession,  or  under  his 
control,  at  twelve  o'clock  meridian  on  the  first  Monday  of  March. 

Sec.  9.  A  state  board  of  equalization,  consisting  of  one  member  from  each  congressional 
district  in  this  state,  as  the  same  existed  in  eighteen  hundred  and  seventy-nine,  shall  be  elected 
by  the  qualified  electors  of  their  respective  districts,  at  the  general  election  to  be  held  in  the 
year  one  thousand  eight  hundred  and  eighty-six,  and  at  each  gubernatorial  election  thereafter, 
whose  term  of  office  shall  be  for  four  years;  whose  duty  it  shall  be  to  equalize  the  valuation 
of  the  taxable  property  in  the  several  counties  of  the  state  for  the  purposes  of  taxation.  The 
controller  of  state  shall  be  ex  officio  a  member  of  the  board.  The  boards  of  supervisors  of  the 
several  counties  of  the  state  shall  constitute  boards  of  equalization  for  their  respective  coun- 
ties, whose  duty  it  shall  be  to  equalize  the  valuation  of  the  taxable  property  in  the  county  for 
the  purpose  of  taxation;  provided,  such  state  and  county  boards  of  equalization  are  hereby 
authorized  and  empowered,  under  such  rules  of  notice  as  the  county  boards  may  prescribe  as 
to  county  assessments,  and  under  such  rules  of  notice  as  the  state  board  may  prescribe  as  to 
the  action  of  the  state  board,  to  increase  or  lower  the  entire  assessment  roll,  or  any  assess- 
ment contained  therein,  so  as  to  equalize  the  assessment  of  the  property  contained  in  said 
assessment  roll,  and  make  the  assessment  conform  to  the  true  value  in  money  of  the  property 
contained  in  said  roll;  provided,  that  no  board  of  equalization  shall  raise  any  mortgage,  deed 
of  trust,  contract  or  other  obligation  by  which  a  debt  is  secured,  money,  or  solvent  credits, 
above  its  face  value.  The  present  state  board  of  equalization  shall  continue  in  office  until 
their  successors,  as  herein  provided  for,  shall  be  elected  and  shall  qualify.  The  legislature 
shall  have  power  to  redistriet  the  state  into  four  districts,  as  nearly  equal  in  population  as 

(  xcii  ) 


I 


CONSTITUTION    OF    THE    STATE    OF    CALIFORNIA. 

practical,  and  to  provide  for  the  elections  of  members  of  said  board  of  equalization.    [Anxend- 
ment  adopted  November  4,  1884.] 

Sec.  10.  All  property,  except  as  otherwise  in  this  constitution  provided,  shall  be  assessed 
in  the  county,  city,  city  and  county,  town  or  township,  or  district  in  which  it  is  situated, 
in  the  manner  prescribed  by  law.     [Amendment  adopted  November  8,  1910.] 

Sec.  10%.  The  personal  property  of  every  householder  to  the  amount  of  one  hundred 
dollars,  the  articles  to  be  selected  by  each  householder,  shall  be  exempt  from  taxation.  [New 
section  adopted  November  8,   1904.] 

Sec.  11.  Income  taxes  may  be  assessed  to  and  collected  from  persons,  corporations,  joint- 
stock  associations,  or  companies  resident  or  doing  business  in  this  state,  or  any  one  or  more 
of  them,  in  such  cases  and  amounts,  and  in  such  manner,  as  shall  be  prescribed  by  law. 

Sec.  12.  The  legislature  shall  provide  for  the  levy  of  an  annual  poll  tax,  and  the  collection 
thereof  by  assessors,  or  not  less  than  four  dollars  on  every  alien  male  inhabitant  of  this  state 
over  twenty-one  and  under  sixty  years  of  age,  except  paupers,  idiots  and  insane  persons.  Said 
tax  shall  be  paid  into  the  county  school  fund  in  which  county  it,  is  collected.  [Amendment 
adopted  November  2,  1920.] 

Sec.  12%.  Fruit  and  nut  bearing  trees  under  the  age  of  four  years  from  the  time  of 
planting  in  orchard  form,  and  grapevines  under  the  age  of  three  years  from  the  time  of  planting 
in  vineyard  form,  shall  be  exempt  from  taxation,  and  nothing  in  this  article  shall  be  construed 
as  subjecting  such  trees  and  grapevines  to  taxation.     [New  section  adopted  November  6,  1894.] 

Sec.  13.  The  legislature  shall  pass  all  laws  necessary  to  carry  out  the  provisions  of  this 
article. 

Sec.  14.  Taxes  levied,  assessed  and  collected  as  hereinafter  provided  upon  railroads, 
including  street  railways,  whether  operated  in  one  or  more  counties;  sleeping  car,  dining  car, 
drawingroom  car  and  palace  car  companies,  refrigerator,  oil,  stock,  fruit,  and  other  car-loaning 
and  other  car  companies  operating  upon  railroads  in  this  state;  companies  doing  express 
business  on  any  railroad,  steamboat,  vessel  or  stage  line  in  this  state;  telegraph  companies; 
telephone  companies;  companies  engaged  in  the  transmission  or  sale  of  gas  or  electricity; 
insurance  companies;  banks,  banking  associations,  savings  and  loan  societies,  and  trust  com- 
panies; and  taxes  upon  all  franchises  of  every  kind  and  nature,  shall  be  entirely  and  exclu- 
sively for  state  purposes,  and  shall  be  levied,  assessed  and  collected  in  the  manner  hereinafter 
provided.  The  word  "companies"  as  used  in  this  section  shall  include  persons,  partnerships, 
joint  stock  associations,  companies  and  corporations. 

(a)  All  railroad  companies,  including  street  railways,  whether  operated  in  one  or  more 
counties;  all  sleeping  car,  dining  car,  drawingroom  car,  and  palace  car  companies,  all  refriger- 
ator, oil,  stock,  fruit  and  other  car-loaning  and  other  car  companies,  operating  upon  the  rail- 
roads in  this  state;  all  companies  doing  express  business  on  any  railroad,  steamboat,  vessel  or 
stage  line  in  this  state;  all  telegraph  and  telephone  companies;  and  all  companies  engaged  in 
the  transmission  or  sale  of  gas  or  electricity  shall  annually  pay  to  the  state  a  tax  upon  their 
franchises,  roadways,  roadbeds,  rails,  rolling  stock,  poles,  wires,  pipes,  canals,  conduits,  rights 
of  way,  and  other  property,  or  any  part  thereof  used  exclusively  in  the  operation  of  their 
business  in  this  state,  computed  as  follows:  Said  tax  shall  be  equal  to  the  percentages  herein- 
after fixed  upon  the  gross  receipts  from  operation  of  such  companies,  and  each  thereof  within 
this  state.  When  such  companies  are  operating  partly  within  and  partly  without  this  state,  the 
gross  receipts  within  this  state  shall  be  deemed  to  be  all  receipts  on  business  beginning  and 
ending  within  this  state,  and  a  proportion,  based  upon  the  proportion  of  the  mileage  within 
this  state  to  the  entire  mileage  over  which  such  business  is  done,  of  receipts  on  all  business 
passing  through,  into,  or  out  of  this  state. 

The  percentages  above  mentioned  shall  be  as  follows:  On  all  railroad  companies,  including 
street  railways,  four  per  cent;  on  all  sleeping  car,  dining  car,  drawingroom  car,  palace  car 
companies,  refrigerator,  oil,  stock,  fruit  and  other  car-loaning  and  other  car  companies,  three 
per  cent;  on  all  companies  doing  express  business  on  any  railroad,  steamboat,  vessel  or  stage 

(  xciii  ) 


CONSTITUTION    OF    THE    STAT;:    OF    CALIFORNIA. 

line,  two  per  cent;  on  all  telegraph  and  telephone  companies,  three  and  one-half  per  cent;  on 
all  companies  engaged  in  the  transmission  or  sale  of  gas  or  electricity,  four  per  cent.  Such 
taxes  shall  be  in  lieu  of  all  other  taxes  and  licenses,  state,  county  and  municipal,  upon  the 
property  above  enumerated  of  such  companies  except  as  otherwise  in  this  section  provided; 
provided,  that  nothing  herein  shall  be  construed  to  release  any  such  company  from  the  payment 
of  any  amount  agreed  to  be  paid  or  required  by  law  to  be  paid  for  any  special  privilege  or 
franchise  granted  by  any  of  the  municipal  authorities  of  this  state. 

(b)  Every  insurance  company  or  association  doing  business  in  this  state  shall  annually  pay 
to  the  state  a  tax  of  one  and  one-half  per  cent  upon  the  amount  of  the  gross  premiums  received 
upon  its  business  done  in  this  state,  less  return  premiums  and  reinsurance  in  companies  or 
associations  authorized  to  do  business  in  this  state;  provided,  that  there  shall  be  deducted  from 
said  one  and  one-half  per  cent  upon  the  gross  premiums  the  amount  of  any  county  and 
municipal  taxes  paid  by  such  companies  on  real  estate  owned  by  them  in  this  state.  This  tax 
shall  be  in  lieu  of  all  other  taxes  and  licenses,  state,  county  and  municipal,  upon  the  property 
of  such  companies,  except  county  and  municipal  taxes  on  real  estate,  and  except  as  otherwise 
in  this  section  provided;  provided,  that  when  by  the  laws  of  any  other  state  or  country,  any 
taxes,  fines,  penalties,  licenses,  fees,  deposits  of  money,  or  of  securities,  or  other  obligations  or 
prohibitions,  are  imposed  on  insurance  companies  of  this  state,  doing  business  in  such  other 
state  or  country,  or  upon  their  agents  therein,  in  excess  of  such  taxes,  fines,  penalties,  licenses, 
fees,  deposits  of  money,  or  of  securities,  or  other  obligations  or  prohibitions,  imposed  upon 
insurance  companies  of  such  other  state  or  country,  so  long  as  such  laws  continue  in  force,  the 
same  obligations  and  prohibitions  of  whatsoever  kind  may  be  imposed  by  the  legislature  upon 
insurance  companies  of  such  other  state  or  country  doing  business  in  this  state. 

(c)  The  shares  of  capital  stock  of  all  banks,  organized  under  the  laws  of  this  state,  or  of 
the  United  States,  or  of  any  other  state  and  located  in  this  state,  shall  be  assessed  and  taxed 
to  the  owners  or  holders  thereof  by  the  state  board  of  equalization,  in  the  manner  to  be 
prescribed  by  law,  in  the  city  or  town  where  the  bank  is  located  and  not  elsewhere.  There 
shall  be  levied  and  assessed  upon  such  shares  .of  capital  stock  an  annual  tax,  payable  to  the 
state,  of  one  per  centum  upon  the  value  thereof.  The  value  of  each  share  of  stock  in  each  bank, 
except  such  as  are  in  liquidation,  shall  be  taken  to  be  the  amount  paid  in  thereon,  together 
with  its  pro  rata  of  the  accumulated  surplus  and  undivided  profits.  The  value  of  each  share 
of  stock  in  each  bank  which  is  in  liquidation  shall  be  taken  to  be  its  pro  rata  of  the  actual 
assets  of  such  bank.  This  tax  shall  be  in  lieu  of  all  other  taxes  and  licenses,  state,  county  and 
municipal,  upon  such  shares  of  stock  and  upon  the  property  of  such  ba«ks,  except  county  and 
municipal  taxes  on  real  estate  and  except  as  otherwise  in  this  section  provided.  In  determining 
the  value  of  the  capital  stock  of  any  bank  there  shall  be  deducted  from  the  value,  as  defined 
above,  the  value,  as  assessed  for  county  taxes,  of  any  real  estate,  other  than  mortgage  interests 
therein,  owned  by  such  bank  and  taxed  for  county  purposes.  The  banks  shall  be  liable  to  the 
state  for  this  tax  and  the  same  shall  be  paid  to  the  state  by  them  on  behalf  of  the  stockholders 
in  the  manner  and  at  the  time  prescribed  by  law,  and  they  shall  have  a  lien  upon  the  shares  of 
stock  and  upon  any  dividends  declared  thereon  to  secure  the  amount  so  paid. 

The  moneyed  capital,  reserve,  surplus,  undivided  profits  and  all  other  property  belonging  to 
unincorporated  banks  or  bankers  of  this  state,  or  held  by  any  bank  located  in  this  state  which 
has  no  shares  of  capital  stock,  or  employed  in  this  state  by  any  branches,  agencies,  or  other 
representatives  of  any  banks  doing  business  outside  of  the  state  of  California,  shall  be  likewise 
assessed  and  taxed  to  such  banks  or  bankers  by  the  said  board  of  equalization,  in  the  manner 
to  be  provided  by  law  and  taxed  at  the  same  rate  that  is  levied  upon  the  shares  of  capital  stock 
of  incorporated  banks,  as  provided  in  the  first  paragraph  of  this  subdivision.  The  value  of 
said  property  shall  be  determined  by  taking  the  entire  property  invested  in  such  business, 
together  with  all  the  reserve,  surplus,  and  undivided  profits  at  their  full  cash  value,  and  deduct- 
ing therefrom  the  value  as  assessed  for  county  taxes  of  any  real  estate,  other  than  mortgage 
interests  therein,  owned  by  such  bank  and  taxed  for  county  purposes.  Such  taxes  shall  be  in 
lieu  of  all  other  taxes  and  licenses,  state,  county  and  municipal,  upon  the  property  of  the 
banks  and  bankers,  mentioned  in  this  paragraph,  except  county  and  municipal  taxes  on  real 
estate  and  except  as  otherwise  in  this  section  provided.     It  is  the  intention  of  this  paragraph 

(  xciv  ) 


COXSTITUTIOX    OF    THE    STATE    OF    CALIFORNIA. 

that  all  moneyed  capital  and  property  of  the  banks  and  bankers  mentioned  in  this  paragraph 
shall  be  assessed  and  taxed  at  the  same  rate  as  an  incorporated  bank,  provided  for  in  the  first 
paragraph  of  this  snbdivision.  In  determining  the  value  of  the  moneyed  capital  and  property 
of  the  banks  and  bankers  mentioned  in  this  subdivision,  the  said  state  board  of  equalization 
shall  include  and  assess  to  such  banks  all  property  and  everything  of  value  owned  or  held  by 
them,  which  go  to  make  up  the  value  of  the  capital  stock  of  such  banks  and  bankers,  if  the 
same  were  incorporated  and  had  shares  of  capital  stock. 

The  word  "banks"  as  used  in  this  subdivision  shall  include  banking  associations,  savings 
and  loan  societies  and  trust  companies,  but  shall  not  include  building  and  loan  associations. 

(d)  All  franchises,  other  than  those  expressly  provided  for  in  this  section,  shall  be  assessed 
at  their  actual  cash  value,  in  the  manner  to  be  provided  by  law,  and  shall  be  taxed  at  the  rate 
of  one  per  centum  each  year,  and  the  taxes  collected  thereon  shall  be  exclusively  for  the  benefit 
of  the  state. 

(e)  Out  of  the  revenues  from  the  taxes  provided  for  in  this  section,  together  with  all  other 
state  revenues,  there  shall  be  first  set  apart  the  moneys  to  be  applied  by  the  state  to  the  support 
of  the  public  school  system  and  the  state  university.  In  the  event  that  the  above  named 
revenues  are  at  any  time  deemed  insufficient  to  meet  the  annual  expenditures  of  the  state, 
including  the  above  named  expenditures  for  educational  purposes,  there  may  be  levied,  in  the 
manner  to  be  provided  by  law,  a  tax,  for  state  purposes,  on  all  the  property  in  the  state  includ- 
ing the  classes  of  property  enumerated  in  this  section,  sufficient  to  meet  the  deficiency.  All 
property  enumerated  in  subdivisions  a,  b,  and  d  of  this  section  shall  be  subject  to  taxation,  in 
the  manner  provided  by  law,  to  pay  the  principal  and  interest  of  any  bonded  indebtedness 
created  and  outstanding  by  any  city,  city  and  county,  county,  town,  township  or  district,  before 
the  adoption  of  this  section.  The  taxes  so  paid  for  principal  and  interest  on  such  bonded 
indebtedness  shall  be  deducted  from  the  total  amount  paid  in  taxes  for  state  purposes. 

(/)  All  the  provisions  of  this  section  shall  be  self-executing,  and  the  legislature  shall  pass 
all  laws  necessary  to  carry  this  section  into  effect,  and  shall  provide  for  a  valuation  and 
assessment  of  the  property  enumerated  in  this  section,  and  shall  prescribe  the  duties  of  the 
state  board  of  equalization  and  any  other  officers  in  connection  with  the  administration  thereof. 
The  rates  of  taxation  fixed  in  this  section  shall  remain  in  force  until  changed  by  the  legislature, 
two-thirds  of  all  the  members  elected  to  each  of  the  two  houses  voting  in  favor  thereof.  The 
taxes  herein  provided  for  shall  become  a  lien  on  the  first  Monday  in  March  of  each  year  after 
the  adoption  of  this  section  and  shall  become  due  and  payable  on  the  first  Monday  in  July 
thereafter.  The  gross  receipts  and  gross  premiums  herein  mentioned  shall  be  computed  for 
the  year  ending  the  thirty-first  day  of  December  prior  to  the  levy  of  such  taxes  and  the  value 
of  any  property  mentioned  herein  shall  be  fixed  as  of  the  first  Monday  in  March.  Nothing 
herein  contained  shall  affect  any  tax  levied  or  assessed  prior  to  the  adoption  of  this  section; 
and  all  laws  in  relation  to  such  taxes  in  force  at  the  time  of  the  adoption  of  this  section  shall 
remain  in  force  until  changed  by  the  legislature.  Until  the  year  1918  the  state  shall  reimburse 
any  and  all  counties  which  sustain  loss  of  revenue  by  the  withdrawal  of  railroad  property  from 
county  taxation  for  the  net  loss  in  county  revenue  occasioned  by  the  withdrawal  of  railroad 
property  from  county  taxation.  The  legislature  shall  provide  for  reimbursement  from  the 
general  funds  of  any  county  to  districts  therein  where  loss  is  occasioned  in  such  districts  by 
the  withdrawal  from  local  taxation  of  property  taxed  for  state  purposes  only. 

(g)  No  injunction  shall  ever  issue  in  any  suit,  action  or  proceeding  in  any  court  against  this 
state  or  against  any  oflicer  thereof  to  prevent  or  enjoin  the  collection  of  any  tax  levied  under 
the  provisions  of  this  section;  but  after  payment  action  may  be  maintained  to  recover  any  tax 
illegally  collected  in  such  manner  and  at  such  time  as  may  now  or  hereafter  be  provided  by  law. 
[New  section  adopted  November  8,  1910.] 

Note. — The  rates  fixed  in  the  above  section  were  changed  by  the  legislature  in  1913  (act 
approved  February  3.  1913),  in  1915  (act  approved  January  28,  1915),  and  in  1917  (act 
approved  May  11,  1917). 


(  itv  ) 


CONSTITUTION    OF   THE    STATE    OF    CALIFORNIA. 

ARTICLE  XrV. 

"WATER  AND  WATER  RIGHTS. 

Section  1.  The  use  of  all  water  now  appropriated,  or  that  may  hereafter  be  appropriated, 
for  sale,  rental,  or  distribution,  is  hereby  declared  to  be  a  public  use,  and  subject  to  the  regu- 
lation and  control  of  the  state,  in  the  manner  to  be  prescribed  by  law;  provided,  that  the 
rates  or  compensation  to  be  collected  by  any  person,  company,  or  corporation  in  this  state  for 
the  use  of  water  supplied  to  any  city  and  county,  or  city,  or  town,  or  the  inhabitants  thereof, 
shall  be  fixed,  annually,  by  the  board  of  supervisors,  or  city  and  county,  or  city,  or  town 
council,  or  other  governing  body  of  such  city  and  county,  or  city,  or  town,  by  ftrdinance  or 
otherwise,  in  the  manner  that  other  ordinances  or  legislative  acts  or  resolutions  are  passed 
by  such  body,  and  shall  continue  in  force  for  one  year  and  no  longer.  Such  ordinances  or 
resolutions  shall  be  passed  in  the  month  of  February  of  each  year,  and  take  effect  on  the 
first  day  of  July  thereafter.  Any  board  or  body  failing  to  pass  the  necessary  ordinances  or 
resolutions  fixing  water  rates,  where  necessary,  within  such  time,  shall  be  subject  to  peremptory 
process  to  compel  action,  at  the  suit  of  any  party  interested,  and  shall  be  liable  to  such 
further  processes  and  penalties  as  the  legislature  may  prescribe.  Any  person,  company,  or 
corporation  collecting  water  rates  in  any  city  and  county,  or  city,  or  town  in  this  state,  other- 
wise than  as  so  established,  shall  forfeit  the  franchises  and  waterworks  of  such  person,  com- 
pany, or  corporation  to  the  city  and  county,  or  city,  or  town,  where  the  same  are  collected, 
for  the  public  use. 

Sec.  2.  The  right  to  collect  rates  or  compensation  for  the  use  of  water  supplied  to  any 
county,  city  and  county,  or  town,  or  the  inhabitants  thereof,  is  a  franchise,  and  can  not  he 
exercised  except  by  authority  of  and  in  the  manner  prescribed  by  law. 

ARTICLE  XV. 

HARBOR  FRONTAGE,  ETC. 

Section  1.  The  right  of  eminent  domain  is  hereby  declared  to  exist  in  the  state  to  all 
frontages  on  the  navigable  waters  of  this  state. 

Sec.  2.  No  individual,  partnership,  or  corporation,  claiming  or  possessing  the  frontage  or 
tidal  lands  of  a  harbor,  bay,  inlet,  estuary,  or  other  navigable  water  in  this  state,  shall  be 
permitted  to  exclude  the  right  of  way  to  such  water  whenever  it  is  required  for  any  public 
purpose,  nor  to  destroy  or  obstruct  the  free  navigation  of  such  water;  and  the  legislature 
shall  enact  such  laws  as  will  give  the  most  liberal  construction  to  this  provision,  so  that  access 
to  the  navigable  waters  of  this  state  shall  be  always  attainable  for  the  people  thereof. 

Sec.  3.  All  tide  lands  within  two  miles  of  any  incorporated  city  or  town  in  this  state,  and 
fronting  on  the  waters  of  any  harbor,  estuary,  bay,  or  inlet,  used  for  the  purposes  of  naviga- 
tion, shall  be  withheld  from  grant  or  sale  to  private  persons,  partnerships,  or  corporations. 

ARTICLE  XVL 

STATE   INDEBTEDNESS. 

Section  1.  The  legislature  shall  not,  in  any  manner,  create  any  debt  or  debts,  liability  or 
liabilities,  which  shall,  singly  or  in  the  aggregate  with  any  previous  debts  or  liabilities,  exceec 
the  sum  of  three  hundred  thousand  dollars,  except  in  case  of  war  to  repel  invasion  or  suppress 
insurrection,  unless  the  same  shall  be  authorized  by  law  for  some  single  object  or  work  to  be 
distinctly  specified  therein,  which  law  shall  provide  ways  and  means,  exclusive  of  loans,  for 
the  payment  of  the  interest  of  such  debt  or  liability  as  it  falls  due,  and  also  to  pay  and  dis- 
charge the  principal  of  such  debt  or  liability  within  seventy-five  years  of  the  time  of  the 
contracting  thereof,  and  shall  be  irrepealable  until  the  principal  and  interest  thereon  shall  be 
paid  and  discharged  and  such  law  may  make  provision  for  a  sinking  fund  to  pay  the  principal 
of  such  debt  or  liability  to  commence  at  a  time  after  the  incurring  of  such  debt  or  liability 
of  not  more  than  a  period  of  one-fourth  of  the  time  of  maturity  of  such  debt  or  liability; 
but  no  such  law  shall  take  effect  until,  at  a  general  election,  it  shall  have  been  submitted  to 
the  people  and  shall  have  received  a  majority  of  all  the  votes  cast  for  and  against  it  at  such 
election;  and  all  moneys  raised  by  authority  of  such  law  shall  be  applied  only  to  the  specific 
*bject  therein  stated  or  to  the  payment  of  the  debt  thereby  created,  and  such  law  shall  be 

(  xcvi  ) 


CONSTITUTION    OF    THE    STATE    OF    CALIFORNIA. 

publisLed  in  at  least  one  newspaper  in  each  county,  or  city  and  county,  if  one  he  published 
therein,  throughout  the  state,  for  three  months  next  preceding  the  election  at  which  it  la 
submitted  to  the  people.  The  legislature  may,  at  any  time  after  the  approval  of  such  law  by 
the  people,  if  no  debt  shall  have  been  contracted  in  pursuance  thereof,  repeal  the  same. 
[Amendment  adopted  November  3,  1908.] 

HIGHWAY  BOND  ISSUE. 

Sec.  2.  Immediately  upon  the  adoption  of  this  section  the  state  treasurer  shall  prepare 
forty  thousand  suitable  bonds  of  the  state  of  California  in  the  denomination  of  one  thousand 
dollars  each,  to  be  numbered  from  one  to  forty  thousand  inclusive,  to  bear  a  date  not  later 
than  thirty  days  after  said  adoption  and  to  bear  interest  at  the  rate  of  four  and  one-half  per 
cent  per  annum  from  the  date  of  said  bonds,  said  interest  to  be  payable  on  the  third  day  of 
January  and  the  third  day  of  July  of  each  and  every  year  after  the  sale  of  said  bonds,  and 
said  bonds  to  become  due  and  payable  in  annual  parcels  of  one  thousand  bonds,  commencing 
July  3,  1926,  and  ending  July  3,  1965. 

PROCEDURE. 

The  provisions  of  the  act  of  the  legislature  approved  May  20,  1915,  known  at  the  "state 
highways  act  of  1915,"  relative  to  the  signing,  countersigning,  endorsing  and  sealing  of  the 
bonds  therein  provided  for  and  the  interest  coupons  thereon,  the  place  and  method  of  payment 
of  principal  and  interest  thereon,  the  procedure  for  initiating,  advertising  and  holding  sales 
thereof,  and  the  performance  by  the  several  state  boards  and  officers  of  their  respective  duties 
in  connection  therewith  as  therein  stated,  and  all  other  provisions,  terms  and  conditions  in 
said  last-named  act  relating  to  the  bonds  therein  mentioned,  so  far  as  the  same  shall  be  perti- 
nent, shall  be  applicable  to  the  preparation,  issuance  and  sale  of  the  bonds  herein  provided  for, 
as  herein  contemplated. 

"third  state  highway"  funds. 
Funds  corresponding  to  those  provided  for  in  said  act  are  hereby  created,  and  payments 
into  and  out  of  the  same  shall  be  made  as  in  said  act  provided,  said  funds  to  be  designated 
respectively,  "third  state  highway  fund,"  "third  state  highway  interest  and  sinking  fund," 
"third  state  highway  revolving  fund,"  and  "third  state  highway  sinking  fund";  and  the 
state  treasurer  shall  on  the  first  day  of  January,  1920,  and  on  the  first  day  of  each  July  and  the 
first  day  of  each  January  thereafter  transfer  from  the  general  fund  to  the  "third  state  highway 
interest  and  sinking  fund,"  and  on  the  first  day  of  July,  1926,  and  on  the  first  day  of  July 
of  each  year  thereafter,  from  the  general  fund  to  the  "third  state  highway  sinking  fund,"  the 
required  moneys  as  provided  in  section  five  of  said  act  for  the  purposes  therein  stated  but  as 
applicable  only  to  the  bonds  herein  provided  for  and  the  interest  thereon. 

USE  OF  FUNDS. 

The  moneys  in  said  "third  state  highway  fund"  shall  be  used  by  the  state  department  of 
engineering  for  the  acquisition  of  rights  of  way  for  and  the  acquisition,  construction  and 
improvement  of  uncompleted  portions  of  the  system  of  state  highways  prescribed  by  the  act 
of  the  legislature  approved  May  22,  1909,  known  as  the  "state  highways  act,"  and  the  act  of 
the  legislature  approved  May  20,  1915,  and  known  as  the  "state  highways  act  of  1915,"  and 
certain  extensions  thereof  described  in  said  last-named  act,  and  also  for  the  acquisition  of  the 
rights  of  way  for  and  the  acquisition,  construction  and  improvement  of  the  following  additional 
highways  as  state  highways:  Barstow  to  Needles;  Oxnard  to  San  Juan  Capistrano;  Barstow  to 
Mojave;  Santa  Maria  to  Bakersfield;  Skyline  boulevard  San  Francisco  to  Santa  Cruz;  Rio 
Vista  to  Fairfield;  Auburn  to  Verdi;  Ukiah  to  Tahoe  City;  Crescent  City  to  Oregon  line; 
Santa  Rosa  to  Shellville;  Big  Pine  to  Oasis;  Placerville  to  Sportsman's  Hall;  Feather  river 
route  Oroville  to  Quiney;  General  Grant  National  Park  to  Kings  river  canyon;  Calistoga  to 
Lower  Lake;  Mecca  to  Blythe;  Rumsey  to  Lower  Lake;  Azusa  to  Pine  Flats  in  San  Gabriel 
canyon;  La  Canada  via  Arroyo  Seco  to  Mount  Wilson  road;  Lancaster  to  Bailey's;  Bakersfield 
via  Walker's  pass  to  Freeman;  McDonald's  to  the  mouth  of  the  Navarro  river;  Carmel  to 
San  Simeon;  Klamath  river  state  highway  bridge  to  coast  state  highway;  Susanville  to  Nevada 
state  line;  Pacheco  pass  road  into  HoUister;  Visalia  to  Sequoia  Park  line;  Deep  creek  easterly 
via  Bear  Valley  dam  to  the  county  road  at  Metcalf  creek  in  the  Angeles  national  forest;  Orland 
to  Chico;  Tiburon  to  Alto;  and  county  line  near  Michigan  Bar  via  Huot's  ranch  to  Drytown. 

(  xcvii  > 


CONSTITUTION    OF   THE    STATE    OF    CALIFORNIA. 

Said  additional  highways  to  be  located  on  the  most  direct  and  practical  routes;  provided, 
however,  that  twenty  million  dollars  of  the  moneys  in  said  "third  state  highway  fund/'  or 
so  much  of  said  twenty  million  dollars  as  shall  be  necessary,  shall  be  used  for  the  comple- 
tion of  all  of  the  system  of  state  highways  contemplated  and  provided  for  in  said  "state 
highways  act"  and  in  said  "state  highways  act  of  1915,"  and  the  extensions  thereof  specified 
in  said  last-named  act. 

COST  TO  BE  BORNE  BY  STATE. 
The  cost  of  acquisition  and  construction  of  the  several  extensions  described  in  said  "state 
highways  act  of  1915"  shall  hereafter  be  entirely  borne  by  the  state  of  California,  it  being 
the  intention  hereof  to  relieve  the  several  counties  from  any  further  co-operation  as  contemplated 
by  said  "state  highway  act  of  1915,"  but  nothing  herein  shall  prevent  any  county  from  con- 
tributing towards  the  cost  of  said  extensions  or  of  any  other  state  highways  at  its  option  to 
such  extent  as  it  may  desire  under  the  provisions  of  any  existing  laws. 

APPLICATION   OF   STATE   HIGHWAYS   ACT. 

All  provisions  of  section  eight  of  said  ' '  state  highways  act  of  1915, ' '  and  of  any  amendment 
thereof,  and  any  provisions  of  said  act  or  of  any  amendment  thereof,  relating  to  the  selection 
of  routes,  character  of  construction  of  highways,  manner  of  conducting  work  thereon,  powers 
and  duties  of  officers  in  connection  therewith,  adoption  of  public  highways  as  state  highways, 
payment  of  principal  and  interest  on  any  bonds  and  appropriation  of  money  for  payment 
thereof,  and  the  keeping  of  records  and  making  of  statements  and  reports,  and  all  provisions 
of  section  eight  of  the  "state  highways  act,"  as  amended  May  19,  1915,  and  of  section  eight 
of  the  "state  highways  act  of  1915,"  and  of  any  amendment  of  either  thereof,  relating  to 
the  payment  by  counties  of  money  for  interest  upon  any  bonds  and  the  relief  of  counties  from 
such  payment,  shall,  so  far  as  applicable,  apply  to  the  bonds  herein  authorized  and  all  high- 
ways constructed  hereunder. 

SECTION  TO  BE  SELF-EXECUTING. 

All  provisions  of  this  section  shall  be  self -executing  and  shall  not  require  any  legislative 
action  in  furtherance  thereof,  but  this  shall  not  prevent  such  legislative  action ;  and  all  expenses 
that  shall  be  incurred  by  the  state  treasurer  in  the  preparation  of  bonds  herein  provided  for  and 
in  the  advertising  and  sale  thereof  and  all  expenses  incurred  by  any  officer  in  reference  thereto 
shall  be  paid  from  the  general  fund  of  the  state.  Nothing  in  this  constitution  contained  shall 
be  a  limitation  upon  the  provisions  of  this  section.     [New  section  adopted  July  1,  1919.] 

Sec.  3.  There  is  hereby  created  a  state  highway  finance  boaid  composed  of  the  governor, 
state  controller,  state  treasurer,  chairman  of  the  state  board  of  control  and  chairman  of  the 
California  highway  commission,  all  of  whom  shall  serve  thereon  without  compensation  and  a 
majority  of  whom  shall  be  empowered  to  act  for  said  board.  All  of  the  forty  thousand  bonds 
authorized  by  section  two  of  article  sixteen  of  this  constitution  which  shall  have  heretofore 
been  sold  shall  be  and  constitute  valid  obligations  of  this  state.  All  of  said  forty  thousand 
bonds  which  shall  remain  unsold  at  the  time  of  the  adoption  of  this  section  shall  be  cancelled 
and  destroyed  by  the  state  treasurer,  and  in  lieu  thereof  bonds  in  the  same  amount  shall  be 
prepared  and  sold  as  hereinafter  stated.  Said  state  highway  finance  board  shall  from  time  to 
time,  so  long  as  the  bonds  herein  authorized  remain  unsold,  determine  when  the  same  or  any 
part  thereof  shall  be  sold,  the  number  to  be  sold,  the  dates  which  the  bonds  so  to  be  sold  shall 
bear,  and  the  interest  rate  thereon,  which  rate  shall  be  fixed  by  said  board  according  to  the 
then  prevailing  market  conditions  but  shall  at  no  time  exceed  six  per  cent  per  annum,  and  the 
determination  of  said  board  as  to  the  rate  of  interest  shall  be  conclusive  as  to  the  then  prevail- 
ino-  market  conditions.  "When  requested  by  said  board  the  state  treasurer  shall  prepare  such 
number  of  bonds,  so  dated  and  bearing  such  interest  rate  thereon,  all  as  so  determined  by  said 
board,  said  bonds  as  to  maturity  dates  thereof,  form,  place  and  method  of  payment  of  prin- 
cipal and  interest  thereon,  and  in  all  other  particulars,  being  the  same  as  authorized  by  said 
section  two  of  article  sixteen,  and  as  though  the  bonds  herein  authorized  were  the  balance  of 
said  forty  thousand  bonds  remaining  unsold,  and  when  so  prepared  said  bonds  shall  be  signed, 
countersigned,  endorsed,  sealed,  sold  and  delivered,  all  as  provided  with  respect  to  the  bonds 
authorized  by  said  section  two  of  article  sixteen,  but  by  the  respective  officers  in  office  at  the 
tiuio  such  acts  are  required  to  be  done.     In  the  eveut  that  any  bonds  prepared  us  hijrsin  pro- 

.  <  zcvUt  > 


CONSTITUTION    OP   THE    STATE    OF    CALIFORNIA. 

vider!  can  not  in  the  judgment  of  said  state  highway  finance  board  be  sold  at  the  time  fixed 
for  the  sale  thereof  or  thereafter,  said  board  may  withdraw  said  bonds  from  sale  and  direct 
the  state  treasurer  to  cancel  and  destroy  the  same,  and  may  at  said  time  or  thereafter,  at  its 
option,  direct  the  preparation  and  sale  as  hereinbefore  provided,  of  the  same  or  a  different 
number  of  bonds,  but  not  to  exceed  in  all  the  amount  herein  authorized,  and  at  the  same  or  a 
different  rate  of  interest  but  not  to  exceed  six  per  cent  per  annum.  All  of  the  provisions  of 
said  section  two  of  article  sixteen,  except  those  relating  to  the  number  of  the  bonds  therein 
authorized,  the  date  thereof  and  interest  rate  thereon,  and  except  as  herein  otherwise  provided, 
shall  apply  to  and  govern  the  bonds  herein  authorized,  the  use  of  the  proceeds  therefrom,  and 
the  several  funds  to  be  created  and  payments  to  be  made  into  and  out  of  the  same,  and  in  all 
respects  said  bonds  herein  authorized  and  the  moneys  derived  from  the  sale  thereof  shall  be 
governed  and  dealt  with  in  the  same  manner,  except  as  herein  otherwise  provided,  as  though 
the  bonds  herein  authorized  were  the  unsold  portion  of  the  forty  thousand  bonds  authorized 
by  said  section  two  of  article  sixteen. 

Section  eight  of  the  "state  highways  act"  of  1909  as  amended  and  approved  by  the  electors 
November  7,  1916,  section  eight  of  the  "state  highways  act"  of  1915,  section  two  of  article 
sixteen  of  the  constitution,  and  this  section,  to  the  extent  that  the  provisions  of  any  of  said 
sections  require  the  payment  into  the  state  treasury  by  the  several  counties  of  sums  of  money 
equal  to  the  interest  upon  any  money  expended  from  the  proceeds  of  the  bonds  issued  under 
said  acts  and  constitutional  provisions  respectively  within  those  counties  in  the  construction 
of  state  highways,  shall  on  and  after  July  1,  1921,  have  no  further  force  or  effect;  it  being 
the  intent  of  this  provision  that  on  and  after  said  date  the  interest  upon  all  bonds  issued  by 
the  state  for  highway  construction  shall  be  paid  exclusively  by  the  state  and  that  the  counties 
shall  thereafter  be  relieved  from  any  obligation  now  or  heretofore  imposed  to  pay  into  the  state 
treasury  any  money  by  reason  of  any  expenditures  for  previous  or  subsequent  highway  construc- 
tion in  said  counties;  but  nothing  in  this  section  contained  shall  be  construed  to  exempt  or 
relieve  any  county  from  the  payment  into  the  state  treasury  of  any  money  due  frona  it  prior  to 
said  date  under  any  of  said  provisions  of  any  of  said  sections. 

All  provisions  of  this  section  shall  be  self-executing  and  shall  not  require  any  legislative 
action  in  furtherance  thereof,  but  this  shall  not  prevent  such  legislative  action;  and  all 
expenses  that  shall  be  incurred  by  the  state  treasurer  in  the  preparation  of  bonds  herein  pro- 
vided for  and  in  the  advertising  and  sale  thereof  and  all  expenses  incurred  by  any  officer  in 
reference  thereto  shall  be  paid  from  the  general  fund  of  the  state.  Nothing  in  this  constitu- 
tion contained,  except  as  in  this  section  provided,  shall  be  a  limitation  upon  the  provisions  of 
this  section.    [New  section  adopted  November  2,  1920.] 

AETICLE  XVIL 

LAND  AND  HOMESTEAD  EXEMPTION. 

Section  1.  The  legislature  shall  protect,  by  law,  from  forced  sale,  a  certain  portion  of  the 
homestead  and  other  property  of  all  heads  of  families. 

Sec.  2.  The  holding  of  large  tracts  of  land,  uncultivated  and  unimproved,  by  individuals  or 
corporations,  is  against  the  public  interest,  and  should  be  discouraged  by  all  means  not  incon- 
sistent with  the  rights  of  private  property. 

Sec.  3.  Lands  belonging  to  this  state,  which  are  suitable  for  cultivation,  shall  be  granted 
only  to  actual  settlers,  and  in  quantities  not  exceeding  three  hundred  and  twenty  acres  to  each 
settler,  under  such  conditions  as  shall  be  prescribed  by  law. 

ARTICLE  XVIIL 

AMENDING  AND  REVISING  THE  CONSTITUTION. 

Section  1.  Any  amendment  or  amendments  to  this  constitution  may  be  proposed  in  the 
senate  or  assembly,  and  if  two-thirds  of  all  the  members  elected  to  each  of  the  two  houses  shall 
vote  in  favor  thereof,  such  proposed  amendment  or  amendments  shall  be  entered  in  their  jour- 
nals, with  the  yeas  and  nays  taken  thereon ;  and  it  shall  be  the  duty  of  the  legislature  to  submit 
such  proposed  amendment  or  amendments  to  the  people  in  such  manner,  and  at  such  time,  and 
after  such  publication  as  nmy  be   deemed  expedient.     Should  more  amendments  than  one  be 


CONSTITUTION    OF   THE    STATE    OF    CALIFORNIA. 

Bubmitted  at  the  same  election,  they  shall  be  so  prepared  and  distinguished,  by  numbers  or 
otherwise,  that  each  can  be  voted  on  separately.  If  the  people  shall  approve  and  ratify  such 
amendment  or  amendments,  or  any  of  them,  by  a  majority  of  the  qualified  electors  voting 
thereon,  such  amendment  or  amendments  shall  become  a  part  of  this  constitution. 

Note. — Time  when  constitutional  amendment  takes  effect. — "The  amendment  (article  XIII, 
section  14),  which  is  by  its  own  terms  declared  to  be  self -executing,  was  adopted  at  an  elec- 
tion held  on  November  8,  1910,  and  became  a  part  of  the  organic  law  on  that  date":  166  Cal. 
252.    See  also,  148  Cal.  69. 

Sec.  2.  Whenever  two-thirds  of  the  members  elected  to  each  branch  of  the  legislat^iire  shall 
deem  it  necessary  to  revise  this  constitution,  they  shall  recommend  to  the  electors  to  vote,  at 
the  next  general  election,  for  or  against  a  convention  for  that  purpose,  and  if  a  majority  of 
the  electors  voting  at  such  election  on  the  proposition  for  a  convention  shall  vote  in 
favor  thereof,  the  legislature  shall,  at  its  next  session,  provide  by  law  for  calling  the  same. 
The  convention  shall  consist  of  a  number  of  delegates  not  to  exceed  that  of  both  branches  of 
the  legislature,  who  shall  be  chosen  in  the  same  manner,  and  have  the  same  qualifications,  as 
members  of  the  legislature.  The  delegates  so  elected  shall  meet  within  three  months  after  their 
election,  at  such  place  as  the  legislature  may  direct.  At  a  special  election  to  be  provided  for 
by  law,  the  constitution  that  may  be  agreed  upon  by  such  convention  shall  be  submitted  to 
the  people  for  their  ratification  or  rejection,  in  such  manner  as  the  convention  may  determine. 
The  returns  of  such  election  shall,  in  such  manner  as  the  convention  shall  direct,  be  certified  to 
the  executive  of  the  state,  who  shall  call  to  his  assistance  the  controller,  treasurer,  and  secre- 
tary of  state,  and  compare  the  returns  so  certified  to  him;  and  it  shall  be  the  duty  of  the 
executive  to  declare,  by  his  proclamation,  such  constitution  aa  may  have  been  ratified  by  a 
majority  of  all  the  votes  cast  at  such  special  election,  to  be  the  constitution  of  the  state  of 
California. 

ARTICLE  XIX. 

CHINESE. 

Section  1.  The  legislature  shall  prescribe  all  necessary  regulations  for  the  protection  of 
the  state,  and  the  counties,  cities,  and  towns  thereof,  from  the  burdens  and  evils  arising  from 
the  presence  of  aliens  who  are  or  may  become  vagrants,  paupers,  mendicants,  criminals,  or 
invalids  afflicted  with  contagious  or  infectious  diseases,  and  from  aliens  otherwise  dangerous  or 
detrimental  to  the  well-being  or  peace  of  the  state,  and  to  impose  conditions  upon  which  such 
persons  may  reside  in  the  state,  and  to  provide  the  means  and  mode  of  their  removal  from 
the  state,  upon  failure  or  refusal  to  comply  with  such  conditions;  provided,  that  nothing  con- 
tained in  this  section  shall  be  construed  to  impair  or  limit  the  power  of  the  legislature  to 
pass  such  police  laws  or  other  regulations  at  it  may  deem  necessary. 

Sec.  2.  No  corporation  now  existing  or  hereafter  formed  under  the  laws  of  this  state 
shall,  after  the  adoption  of  this  constitution,  employ,  directly  or  indirectly,  in  any  capacity, 
any  Chinese  or  Mongolian.  The  legislature  shall  pass  such  laws  as  may  be  necessary  to  enforce 
this  provision. 

Note. — The  provisions  of  this  section  held  to  be  in  conflict  with  the  United  States  constitu- 
tion and  therefore  void:    In  re  Parrott,  1  Fed.  481. 

Sec.  3.  No  Chinese  shall  be  employed  on  any  state,  county,  municipal,  or  other  public 
work,  except  in  punishment  for  crime. 

Sec.  4.  The  presence  of  foreigners  ineligible  to  become  citizens  of  the  United  States  is 
declared  to  be  dangerous  to  the  well-being  of  the  state,  and  the  legislature  shall  discourage 
their  immigration  by  all  the  means  within  its  power.  Asiatic  coolieism  is  a  form  of  human 
slavery,  and  is  forever  prohibited  in  this  state,  and  all  contracts  for  coolie  labor  shall  be  void. 
All  companies  or  corporations,  whether  formed  in  this  country  or  any  foreign  country,  for  the 
importation  of  such  labor,  shall  be  subject  to  such  penalties  as  the  legislature  may  prescribe. 
The  legislature  shall  delegate  all  necessary  power  to  the  incorporated  cities  and  towns  of  this 
state  for  the  removal  of  Chinese  without  the  limits  of  such  cities  and  towns,  or  for  their  loca- 
tion within  prescribed  portions  of  those  limits,  and  it  shall  also  provide  the  necessary  legisla- 
tion to  prohibit  the  introduction  into  this  state  of  Chinese  after  the  adoption  of  this  constitu- 
tion.   This  section  shall  be  enforced  by  appropriate  legislation. 


CONSTITUTION    OF    THE    STATE    OF    CALIFORNIA. 

AETICLE  XX. 

MTSCELLANEOUS   SUBJECTS. 

Section  1.  The  city  of  Sacramento  is  hereby  declared  to  be  the  seat  of  government  of 
this  state,  and  shall  so  remain  until  changed  by  law;  but  no  law  changing  the  seat  of  govern- 
ment shall  be  valid  or  binding  unless  the  same  be  approved  and  ratified  by  a  majority  of  the 
qualified  electors  of  the  slate  voting  therefor  at  a  general  state  election,  under  such  regulations 
and  provisions  as  the  legislature,  by  a  two-thirds  vote  of  each  house,  may  provide,  submitting 
the  question  of  change  to  the  people. 

Sec.  2.  Any  citizen  of  this  state  who  shall,  after  the  adoption  of  this  constitution,  fight  a 
duel  with  deadly  weapons,  or  send  or  accept  a  challenge  to  fight  a  duel  with  deadly  weapons 
either  within  this  state  or  out  of  it,  or  who  shall  act  as  second,  or  knowingly  aid  or  assist  in 
any  manner  those  thus  offending,  shall  not  be  allowed  to  hold  any  office  or  profit,  or  to  enjoy 
the  right  of  suffrage  under  this  constitution. 

Sec.  3.  Members  of  the  legislature,  and  all  officers,  executive  and  judicial,  except  such 
inferior  officers  as  may  be  by  law  exempted,  shall,  before  they  enter  upon  the  duties  of  their 
respective  offices,  take  and  subscribe  the  following  oath  or  affirmation: 

"I  do  solemnly  swear  (or  affirm,  as  the  case  may  be)  that  1  will  support  the  constitution 
of  the  United  States  and  the  constitution  of  the  state  of  California,  and  that  I  will  faithfully 
discharge  the  duties  of  the  office  of according  to  the  best  of  my  ability. ' ' 

And  no  other  oath,  declaration,  or  test  shall  be  required  as  a  qualification  for  any  office  or 
public  trust. 

Sec.  4.  All  officers  or  commissioners  whose  election  or  appointment  is  not  provided  for  by 
this  constitution,  and  all  officers  or  commissioners  whose  offices  or  duties  may  hereafter  be 
created  by  law,  shall  be  elected  by  the  people,  or  appointed,  as  the  legislature  may  direct. 

Sec.  5.     The  fiscal  year  shall  commence  on  the  first  day  of  July. 

Sec.  6.  Suits  may  be  brought  against  the  state  in  such  manner  and  in  such  courts  as  shall 
be  directed  by  law. 

Sec.  7.  No  contract  of  marriage,  if  otherwise  duly  made,  shall  "be  invalidated  for  want  of 
conformity  to  the  requirements  of  any  religious  sect. 

Sec.  8.  All  property,  real  and  personal,  owned  by  either  husband  or  wife,  before  marriage, 
and  that  acquired  by  either  of  them  afterwards  by  gift,  devise,  or  descent,  shall  be  their 
separate  property. 

Sec.  9.     No  perpetuities  shall  be  allowed  except  for  eleemosynary  purposes. 

Sec.  10.  Every  person  shall  be  disqualified  from  holding  any  office  of  profit  in  this  state 
who  shall  have  been  convicted  of  having  given  or  offered  a  bribe  to  procure  his  election  or 
appointment. 

Sec.  11.  Laws  shall  be  made  to  exclude  from  office,  serving  on  juries,  and  from  the  right  of 
suffrage,  persons  convicted  of  bribery,  perjury,  forgery,  malfeasance  in  office,  or  other  high 
crimes.  The  privilege  of  free  suff'rage  shall  be  supported  by  laws  regulating  elections,  and 
prohibiting,  under  adequate  penalties,  all  undue  influence  thereon  from  power,  bribery,  tumult, 
or  other  improper  practice. 

Sec.  12.  Absence  from  this  state,  on  business  of  the  state  or  of  the  United  States,  shall 
not  affect  the  question  of  residence  of  any  person. 

Sec.  13.  A  plurality  of  the  votes  given  at  any  election  shall  constitute  a  choice  where  not 
otherwise  directed  in  this  constitution;  provided,  that  it  shall  be  competent  in  all  charters  of 
cities,  counties  or  cities  and  counties  framed  under  the  authority  of  this  constitution  to  provide 
the  manner  in  which  their  respective  elective  officers  may  be  elected  and  to  proscribe  a  higher 
proportion  of  the  vote  therefor;  and  provided,  also,  that  it  shall  be  competent  for  the  legis- 
lature by  general  law  to  provide  the  manner  in  which  officers  of  municipalities  organized  or 
incorporated  under  general  laws  may  be  elected  and  to  prescribe  a  higher  proportion  of  the 
vote  therefor.     [Amendment  adopted  October  10,  1911.] 

(ci) 


CONSTITUTION    OF    TIIF.    STATE    OF    CALIFORNIA. 

Sec.  14.  The  legislature  shall  provide,  by  law,  for  the  maintenance  and  efficiency  of  a  state 
board  of  health. 

Sec.  15.  Mechanics,  materialmen,  artisans,  and  laborers  of  every  class  shall  have  a  lien 
upon  the  property  upon  which  they  have  bestowed  labor  or  furnished  material,  for  the  value 
of  such  labor  done  and  material  furnished;  and  the  legislature  shall  provide,  by  law,  for  the 
speedy  and  eflScient  enforcement  of  such  liens. 

Sec.  16.  When  the  term  of  any  officer  or  commissioner  is  not  provided  for  in  this  consti- 
tution, the  term  of  such  officer  or  commissioner  may  be  declared  by  law;  and  if  not  so  declared, 
such  officer  or  commissioner  shall  hold  his  position  as  such  officer  or  commissioner  during  the 
pleasure  of  the  authority  making  the  appointment;  but  in  no  case  shall  such  term  exceed  four 
years;  provided,  however,  that  in  the  case  of  any  officer  or  employee  of  any  municipality  gov- 
erned under  a  legally  adopted  charter,  the  provisions  of  such  charter  with  reference  to  the 
tenure  of  office  or  the  dismissal  from  office  of  any  such  officer  or  employee,  shall  control;  and 
provided,  further,  that  the  term  of  office  of  any  person  heretofore  or  hereafter  appointed  to 
hold  office  or  employment  during  good  behavior  under  civil  service  laws  of  the  state  or  of  any 
political  division  thereof  shall  not  be  limited  by  this  section.  [Amendment  adopted  October  lO, 
1911.] 

Sec.  17.  The  time  of  service  of  all  laborers  or  workmen  or  mechanics  employed  upon  any 
public  works  of  the  state  of  California,  or  of  any  county,  city  and  county,  city,  town,  district, 
township,  or  any  other  political  subdivision  thereof,  whether  said  work  is  done  by  contract  or 
otherwise,  shall  be  limited  and  restricted  to  eight  hours  in  any  one  calendar  day,  except  in 
cases  of  extraordinary  emergency  caused  by  fire,  flood,  or  danger  to  life  and  property,  or  except 
to  work  upon  public,  military,  or  naval  works  or  defenses  in  time  of  war,  and  the  legislature 
shall  provide  by  law  that  a  stipulation  to  this  effect  shall  be  incorporated  in  all  contracts  for 
public  work,  and  prescribe  proper  penalties  for  the  speedy  and  efficient  enforcement  of  said 
law.     [Amendment  adopted  November  4,  1902.] 

Sec.  17  M>.  The  legislature  may,  by  appropriate  legislation,  provide  for  the  establishment 
of  a  minimum  wage  for  women  and  minors  and  may  provide  for  the  comfort,  health,  safety 
and  general  welfare  of  any  and  all  employees.  No  provision  of  this  constitution  shall  be  con- 
strued as  a  limitation  upon  the  authority  of  the  legislature  to  confer  upon  any  commission  cow 
or  hereafter  created,  such  power  and  authority  as  the  legislature  may  deem  requisite  to  cai'ry 
out  the  provisions  of  this  section.     [New  section  adopted  November  3,  1914.]   . 

Sec.  18.  No  person  shall,  on  account  of  sex,  be  disqualified  from  entering  upon  or  pursu- 
ing any  lawful  business,  vocation,  or  profession. 

Sec.  19.  Nothing  in  this  constitution  shall  prevent  the  legislature  from  providing,  by  law, 
for  the  payment  of  the  expenses  of  the  convention  framing  this  constitution,  including  the 
per  diem  of  the  delegates  for  the  full  term  thereof. 

Sec.  20.  Elections  of  the  officers  provided  by  this  constitution,  except  at  the  election  in 
the  year  eighteen  hundred  and  seventy-nine,  shall  be  held  on  the  even-numbered  years  next 
before  the  expiration  of  their  respective  terms.  The  terms  of  such  officers  shall  commence  on 
the  first  Monday  after  the  first  day  of  January  next  following  their  election. 

Sec.  21.  The  legislature  is  hereby  expressly  vested  with  plenary  power,  unlimited  by  any 
provision  of  this  constitution,  to  create  and  enforce  a  complete  system  of  workmen's  compen- 
sation, by  appropriate  legislation,  and  in  that  behalf  to  create  and  enforce  a  liability  on  the 
part  of  any  or  all  persons  to  compensate  any  or  all  of  their  workmen  for  injury  or  disability,  and 
their  dependents  for  death  incurred  or  sustained  by  the  said  workmen  in  the  course  of  their 
employment,  irrespective  of  the  fault  of  any  party.  A  complete  system  of  workmen's  compen- 
sation includes  adequate  provisions  for  the  comfort,  health  and  safety  and  general  welfare  of 
any  and  all  workmen  and  those  dependent  upon  them  for  support  to  the  extent  of  relieving  from 
the  consequences  of  any  injury  or  death  incurred  or  sustained  by  workmen  in  the  course  of 
their  employment,  irrespective  of  the  fault  of  any  party;  also  full  provision  for  securing 
safety  in  places  of  employment;  full  provision  for  such  medical,  surgical,  hospital  and  other 
remedial  treatment  as  is  requisite  to  cure  and  relieve  from  the  effects  of  such  injury;  a  full 
provision  for  adequate  insurance  coverage  against  liability  to  pay  or  furnish  compensation; 
full  provision  for  regulating  such  insurance  envernge  in  all  its  aspects,  inchidiiig  tl.j  establish- 

(  cii  ) 


CONSTITUTION    OF   THE    STATE    OP    CALIFORNIA. 

merit  anc!  management  of  a  state  compensation  insurance  fund;  full  provision  for  ottenvise 
Becuring  the  payment  of  compensation;  and  full  provision  for  vesting  power,  authority  and 
jurisdiction  in  an  administrative  body  with  all  the  requisite  governmental  functions  to  deter- 
mine any  dispute  or  matter  arising  under  such  legislation,  to  the  end  that  the  administration  of 
such  legislation  shall  accomplish  substantial  justice  in  all  cases  expeditiously,  inexpensively,  and 
without  incumbrance  of  any  character;  all  of  which  matters  are  expressly  declared  to  be  the 
social  public  policy  of  this  state,  binding  upon  all  departments  of  the  state  government. 

The  legislature  is  vested  with  plenary  powers,  to  provide  for  the  settlement  of  any  disputes 
arising  under  such  legislation  by  arbitration,  or  by  an  industrial  accident  commission,  by  the 
courts,  or  by  either,  any,  or  all  of  these  agencies,  either  separately  or  in  combination,  and  may 
fix  and  control  the  method  and  manner  of  trial  of  any  such  dispute,  the  rules  of  evidence  and 
the  manner  of  review  of  decisions  rendered  by  the  tribunal  or  tribunals  designated  by  it; 
provided,  that  all  decisions  of  any  such  tribunal  shall  be  subject  to  review  by  the  appellate  courts 
of  this  state.  The  legislature  may  combine  in  one  statute  all  the  provisions  for  a  complete 
system  of  workmen's  compensation,  as  herein  defined. 

Nothing  contained  herein  shall  be  taken  or  construed  to  impair  or  render  ineffectual  in  any 
measure  the  creation  and  existence  of  the  industrial  accident  commission  of  this  state  or  the 
state  compensation  insurance  fund,  the  creation  and  existence  of  which,  with  all  the  functions 
vested  in  them,  are  hereby  ratified  and  confirmed.     [Amendment  adopted  November  5,  1918.] 

ARTICLE  XXL 

BOUNDARY. 

Section  1.  The  Boundary  of  the  state  of  California  shall  be  as  follows:  Commencing  at 
the  point  of  intersection  of  the  forty-second  degree  of  north  latitude  with  the  one  hundre'l 
and  twentieth  degree  of  longitude  west  from  Greenwich,  and  running  south  on  the  line  of  said 
one  hundred  and  twentieth  degree  of  west  longitude  until  it  intersects  the  thirty-ninth  degree 
of  north  latitude;  thence  running  in  a  straight  line,  in  a  southeasterly  directipn  to  the  River 
Colorado,  at  a  point  where  it  intersects  the  thirty-fifth  degree  of  north  latitude;  hence  down  the 
middle  of  the  channel  of  said  river  to  the  boundary  line  between  the  United  States  and  Mexico, 
as  established  by  the  treaty  of  May  thirtieth,  one  thousand  eight  hundred  and  forty-eight; 
thence  running  west  and  along  said  boundary  line  to  the  Pacific  Ocean,  and  extending  therein 
three  English  miles;  thence  running  in  a  northwesterly  direction  and  following  the  direction 
of  the  Pacific  coast  to  the  forty-second  degree  of  north  latitude;  thence  on  the  line  of  said 
forty-second  degree  of  north  latitude  to  the  place  of  beginning.  Also,  including  all  the  islands, 
harbors,  and  bays  along  and  adjacent  to  the  coast. 

ARTICLE  XXIL 

SCHEDULE. 

That  no  inconvenience  may  arise  from  the  alterations  and  amendments  in  the  constitution 
of  this  state,  and  to  carry  the  same  into  complete  efi"ect,  it  is  hereby  ordained  and  declared: 

Section  1.  That  all  laws  in  force  at  the  adoption  of  this  constitution,  not  inconsistent  there- 
with, shall  remain  in  full  force  and  effect  until  altered  or  repealed  by  the  legislature;  and  all 
rights,  actions,  prosecutions,  claims,  and  contracts  of  the  state,  counties,  individuals,  or  bodies 
corporate,  not  inconsistent  therewith,  shall  continue  to  be  as  valid  as  if  this  constitution  had 
not  been  adopted.  The  provisions  of  all  laws  which  are  inconsistent  with  this  constitution 
shall  cease  upon  the  adoption  thereof,  except  that  all  laws  which  are  inconsistent  with  such 
provisions  of  this  constitution  as  require  legislation  to  enforce  them  shall  remain  in  full  force 
until  the  first  day  of  July,  eighteen  hundred  and  eighty,  unless  sooner  altered  or  repealed  by 
the  legislature. 

Sec.  2.  That  all  recognizances,  obligations,  and  all  other  instruments  entered  into  or  exe- 
cuted before  the  adbption  of  this  constitution,  to  this  state,  or  to  any  subdivision  thereof,  or 
any  municipality  therein,  and  all  fines,  taxes,  penalties,  and  forfeitures  due  or  owing  to  this 
state,  or  any  subdivision  or  municipality  thereof,  and  all  writs,  prosecutions,  actions,  and 
causes  of  action,  except  as  herein  otherwise  provided,  shall  continue  and  remain  unaffected  by 
the  adoption  of  this  constitution.  All  indictments  or  informations  which  shall  have  been 
found,  or  may  hereafter  be  found,  for  any  crime  or  offense  committed  before  this  constitution 

(  cill  ) 


CONSTITUTION    OF   THE    STATE    OF    CALIFORNIA. 

takes  effect,  may  be  proceeded  upon  as  if  no  change  had  taken  place,   except  as  otherwise 
provided  in  this  constitution. 

Sec.  3.  All  courts  now  existing,  save  justices'  and  police  courts,  are  hereby  abolished,  and 
all  records,  books,  papers,  and  proceedings  from  such  courts,  as  are  abolished  by  this  consti- 
tution, shall  be  transferred,  on  the  first  day  of  January,  eighteen  hundred  and  eighty,  to  the 
courts  provided  for  in  this  constitution;  and  the  courts  to  which  the  same  are  thus  transferred 
shall  have  the  same  power  and  jurisdiction  over  them  as  if  they  had  been  in  the  first  instance 
commenced,  filed,  or  lodged  therein. 

Sec.  4.  The  superintendent  of  printing  of  the  state  of  California  shall,  at  least  thirty 
days  before  the  fir^  t  Wednesday  in  j\Tay,  A.  D.  eighteen  hundred  and  seventy-nine,  cause  to  be 
printed  at  the  state  printing  ofiice,  in  pamphlet  form,  simply  stitched,  as  many  copies  of  this 
constitution  as  there  are  registered  voters  in  this  state,  and  mail  one  copy  thereof  to  the  post- 
office  address  of  each  registered  voter;  provided,  any  copies  not  called  for  ten  days  after  reach- 
ing their  delivery  office,  shall  be  subject  to  general  distribution  by  the  several  postmasters  of 
the  state.  The  governor  shall  issue  his  proclamation,  giving  notice  of  the  election  for  the 
adoption  or  rejection  of  this  constitution,  at  least  thirty  days  before  the  said  first  Wednesday 
of  May,  eighteen  hundred  and  seventy-nine,  and  the  boards  of  supervisors  of  the  several  counties 
shall  cause  said  proclamation  to  be  made  public  in  their  respective  counties,  and  general 
notice  of  said  election  to  be  given  at  least  fifteen  days  next  before  said  election. 

Sec.  5.  The  superintendent  of  printing  of  the  state  of  California  shall,  at  least  twenty 
days  before  said  election,  cause  to  be  printed  and  delivered  to  the  clerk  of  each  county  in 
this  state  five  times  the  number  of  properly  prepared  ballots  for  said  election  that  there  are 
voters  in  said  respective  counties,  with  the  words  printed  thereon:  "For  the  New  Constitution." 
He  shall  likewise  cause  to  be  so  printed  and  delivered  to  said  clerks  five  times  the  number  of 
properly  prepared  ballots  for  said  election  that  there  are  voters  in  said  respective  counties  with 
the  words  printed  thereon:  "Against  the  New  Constitution.''  The  secretary  of  state  is 
hereby  authorized  and  required  to  furnish  the  superintendent  of  state  printing  a  sufficient 
quantity  of  legal  ballot  paper,  now  on  hand,  to  carry  out  the  provisions  of  this  section. 

Sec.  6.  The  clerks  of  the  several  counties  in  the  state  shall,  at  least  five  days  before  said 
election,  cause  to  be  delivered  to  the  inspectors  of  elections,  at  each  election  precinct  or  polling 
place,  in  their  respective  counties,  suitable  registers,  poll  books,  forms  of  return,  and  an  equal 
number  of  the  aforesaid  ballots,  which  number,  in  the  aggregate,  must  be  ten  times  greater 
than  the  number  of  voters  in  the  said  election  precincts  or  polling  places.  The  returns  of  the 
number  of  votes  cast  at  the  presidential  election  in  the  year  eighteen  hundred  and  seventy-six 
shall  serve  as  a  basis  of  calculation  for  this  and  the  preceding  section ;  provided,  that  the  duties 
in  this  and  the  preceding  section  imposed  upon  the  clerks  of  the  respective  counties  shall,  in 
the  city  and  county  of  San  Francisco,  be  performed  by  the  registrar  of  voters,  for  said  city 
and  county. 

Sec.  7.  Every  citizen  of  the  United  States,  entitled  by  law  to  vote  for  members  of  the 
assembly  in  this  state,  shall  be  entitled  to  vote  for  the  adoption  or  rejection  of  this  constitution. 

Sec.  8.  The  officers  of  the  several  counties  of  this  state,  whose  duty  it  is,  under  the  law,  to 
receive  and  canvass  the  returns  from  the  several  precincts  of  their  respective  counties,  as  well 
as  of  the  city  and  county  of  San  Francisco,  shall  meet  at  the  usual  places  of  meeting  for  such 
purposes  on  the  first  Monday  after  said  election.  If,  at  the  time  of  meeting,  the  returns  from 
each  precinct  in  the  county  in  which  the  polls  were  opened  have  been  received,  the  board  must 
then  and  there  proceed  to  canvass  the  returns ;  but  if  all  the  returns  have  not  been  received,  the 
canvass  must  be  postponed  from  time  to  time  until  all  the  returns  are  received,  or  until  the 
second  Monday  after  said  election,  when  they  shall  proceed  to  make  out  returns  of  the  votes 
cast  for  and  against  the  new  constitution ;  and  the  proceedings  of  said  board  shall  be  the  same 
as  those  prescribed  for  like  boards  in  the  case  of  an  election  for  governor.  Upon  the  completion 
of  said  canvass  and  returns,  the  said  boards  shall  immediately  certify  the  same,  in  the  usual 
form,  to  the  governor  of  the  state  of  California. 

Sec.  9.  The  governor  of  the  state  of  California  shall,  as  soon  as  the  returns  of  said  elec- 
tion shall  be  received  by  him,  or  within  thirty  days  after  said  election,  in  the  presence  and 
with  the  assistance  of  the  controller,  treasurer,  and  secretary  of   state,   open  and  compute 

C  civ  ) 


COXSTITITIOX    OF    THK    STATE    OF    CALIFORNIA. 

all  tile  returns  received  of  votes  east  for  and  against  the  new  constitution.  If,  by  such  exara- 
ina.tion  and  computation,  it  is  ascertained  that  a  majority  of  the  whole  number  of  votes  cast  at 
such  election  is  in  favor  of  such  nerv  constitution,  the  executive  of  this  state  shall,  by  his 
proclamation,  declare  such  new  constitution  to  be  the  constitution  of  the  state  of  California, 
and  that  it  shall  take  effect  and  be  in  force  on  the  days  hereinafter  specified. 

Sec.  10.  In  order  that  future  elections  in  this  state  shall  conform  to  the  requirements  of 
this  constitution,  the  terms  of  all  officers  elected  at  the  first  election  under  the  same  shall  be, 
respectively,  one  year  shorter  than  the  terms  as  fixed  by  law  or  by  this  constitution;  and  the 
successors  of  all  such  officers  shall  be  elected  at  the  last  election  before  the  expiration  of  the 
terms  as  in  this  section  provided.  The  first  officers  chosen  after  the  adoption  of  this  constitu- 
tion shall  be  elected  at  the  time  and  in  the  manner  now  provided  by  law.  Judicial  officers  and 
the  superintendent  of  public  instruction  shall  be  elected  at  the  time  and  in  the  manner  that 
''tate  officers  are  elected. 

Sec.  13.  All  laws  relative  to  the  present  judicial  system  of  the  state  shall  be  applicable  to 
the  judicial  system  created  by  this  constitution  until  changed  by  legislation. 

Sec.  12.  This  constitution  shall  take  effect  and  be  in  force  on  and  after  the  fourth  day  of 
July,  eighteen  hundred  and  seventy-nine,  at  twelve  o  'clock  meridian,  so  far  as  the  same  relates 
to  the  election  of  all  officers,  the  commencement  of  their  terms  of  office,  and  the  meeting  of 
the  legislature.  In  all  other  respects,  and  for  all  other  purposes,  this  constitution  shall  take 
effect  on  the  first  day  of  January,  eighteen  hundred  and  eighty,  at  twelve  o  'clock  meridian. 

ARTICLE  XXIII. 
RECALL   or  PUBLIC   OFFICIALS. 

Section  1.  Every  elective  public  officer  of  the  state  of  California  may  be  removed  from  office 
at  any  time  by  the  electors  entitled  to  vote  for  a  successor  of  such  incumbent,  through  the 
procedure  and  in  the  manner  herein  provided  for,  which  procedure  shall  be  known  as  the  recall, 
and  is  in  addition  to  any  other  method  of  removal  provided  by  law. 

The  procedure  hereunder  to  effect  the  removal  of  an  incumbent  of  an  elective  public  office 
shall  be  as  follows:  A  petition  signed  by  electors  entitled  to  vote  for  a  successor  of  the  incum- 
bent sought  to  be  removed,  equal  in  number  to  at  least  twelve  per  cent  of  the  entire  vote  cast 
at  the  last  preceding  election  for  all  candidates  for  the  office,  which  the  incumbent  sought  to 
be  removed  occupies  (provided  that  if  the  officer  sought  to  be  removed  is  a  state  officer  who  is 
elected  in  any  political  subdivision  of  the  state,  said  petition  shall  be  signed  by  electors  entitled 
to  vote  for  a  successor  to  the  incumbent  sought  to  be  removed,  equal  in  number  to  at  least 
twenty  per  cent  of  the  entire  vote  cast  at  the  last  preceding  election  for  all  candidates  for  the 
office  which  the  incumbent  sought  to  be  removed  occupies)  demanding  an  election  of  a  suc- 
cessor to  the  officer  named  in  said  petition,  shall  be  addressed  to  the  secretary  of  state  and 
filed  with  the  clerk,  or  registrar  of  voters  of  the  county  or  city  and  county  in  which  the  petition 
was  circulated;  provided,  that  if  the  officer  sought  to  be  removed  was  elected  in  the  state  at 
large  such  petition  shall  be  circulated  in  not  less  than  five  counties  of  the  state,  and  shall  be 
signed  in  each  of  such  counties  by  electors  equal  in  number  to  not  less  than  one  per  cent  of  the 
entire  vote  cast,  in  each  of  said  counties,  at  said  election,  as  above  estimated.  Such  petition 
shall  contain  a  general  statement  of  the  grounds  on  which  the  removal  ia  sought,  which  state- 
ment is  intended  solely  for  the  information  of  the  electors,  and  the  sufficiency  of  which  shall 
not  be  open  to  review. 

When  such  petition  is  certified  as  is  herein  provided  to  the  secretary  of  state,  he  shall  forth- 
with submit  the  said  petition,  together  with  a  certificate  of  its  sufficiency,  to  the  governor,  who 
shall  thereupon  order  and  fix  a  date  for  holding  the  election,  not  less  than  sixty  days  nor  more 
than  eighty  days  from  the  date  of  such  certificate  of  the  secretary  of  state. 

The  governor  shall  make  or  cause  to  be  made  publication  of  notice  for  the  holding  of  such 
election,  and  officers  charged  by  law  with  duties  concerning  elections  shall  make  all  arrange- 
ments for  such  election  and  the  same  shall  be  conducted,  returned,  and  the  result  thereof 
declared,  in  all  respects  as  are  other  state  elections.  On  the  official  ballot  at  such  election  shall 
be  printed,  in  not  more  than  two  hundred  words,  the  reasons  set  forth  in  the  petition  for 
demanding  his  recall.    And  in  not  more  than  throe  hundred  words  there  shall  also  be  printed,  if 

<cv  ) 


CONSTITUTION    OF   THE    STATE    OF    CALIFORNIA. 

desired  by  him,  the  officer's  justification  of  his  course  in  office.  Proceedings  for  the  recall  of 
any  officer  shall  be  deemed  to  be  pending  from  the  date  of  the  filing  with  any  county,  or  city 
and  county  clerk,  or  registrar  of  voters,  of  any  recall  petition  against  such  officer;  and  if 
such  officer  shall  resign  at  any  time  subsequent  to  the  filing  thereof,  the  recall  election  shall 
be  held  notwithstanding  such  resignation,  and  the  vacancy  caused  by  such  resignation,  or  from 
any  other  cause,  shall  be  filled  as  provided  by  law,  but  the  person  appointed  to  fill  such  vacancy 
shall  hold  his  office  only  until  the  person  elected  at  the  said  recall  election  shall  qualify. 

Any  person  may  be  nominated  for  the  office  which  is  to  be  filled  at  any  recall  election  by  a 
petition  signed  by  electors,  qualified  to  vote  at  such  recall  election,  equal  in  number  to  at  least 
one  per  cent  of  the  total  number  of  votes  cast  at  the  last  preceding  election  for  all  candidates 
for  the  office  which  the  incumbent  sought  to  be  removed  occupies.  Each  such  nominating 
petition  shall  be  filed  with  the  secretary  of  state  not  less  than  twenty-five  days  before  such 
recall  election. 

There  shall  be  printed  on  the  recall  ballot,  as  to  every  officer  whose  recall  is  to  be  voted  on 
thereat,  the  following  question:  "Shall  (name  of  person  against  whom  the  recall  petition  is 
filed)  be  recalled  from  the  office  of  (title  of  office)?",  following  which  question  shall  be  the 
words  "Yes"  and  "No"  on  separate  lines,  with  a  blank  space  at  the  right  of  each,  in  which 
the  voter  shall  indicate,  by  stamping  a  cross  (X)»  ^^^  ^'^*®  ^^^  ^^  against  such  recall.  On 
such  ballots,  under  each  such  question,  there  shall  also  be  printed  the  names  of  those  persons 
who  have  been  nominated  as  candidates  to  succeed  the  person  recalled,  in  case  he  shall  be 
removed  from  office  by  said  recall  election;  but  no  vote  cast  shall  be  counted  for  any  candi- 
date for  said  office  unless  the  voter  also  voted  on  said  question  of  the  recall  of  the  person 
sought  to  be  recalled  from  said  office.  The  name  of  the  person  against  whom  the  petition  is 
filed  shall  not  appear  on  the  ballot  as  a  candidate  for  the  office.  If  a  majority  of  those  voting 
on  said  question  of  the  recall  of  any  incumbent  from  oflice  shall  vote  "No,"  said  incumbent 
shall  continue  in  said  office.  If  a  majority  shall  vote  "Yes,"  said  incumbent  shall  thereupon 
be  deemed  removed  from  such  office  upon  the  qualification  of  his  successor.  The  canvassers 
shall  canvass  all  votes  for  candidates  for  said  office  and  declare  the  result  in  like  manner  as  in  a 
regular  election.  If  the  vote  at  any  such  recall  election  shall  recall  the  officer,  then  the  candi- 
date who  has  received  the  highest  number  of  votes'  for  the  office  shall  be  thereby  declared 
elected  for  the  remainder  of  the  term.  In  case  the  person  who  received  the  highest  number  of 
votes  shall  fail  to  qualify  within  ten  days  after  receiving  the  certificate  of  election,  the  office 
shall  be  deemed  vacant  and  shall  be  filled  according  to  law. 

Any  recall  petition  may  be  presented  in  sections,  but  each  section  shall  contain  a  full  and 
accurate  copy  of  the  title  and  text  of  the  petition.  Each  signer  shall  add  to  his  signature  his 
place  of  residence,  giving  the  street  and  number,  if  such  exist.  His  election  precinct  shall 
also  appear  on  the  paper  after  his  name.  The  number  of  signatures  appended  to  each  section 
shall  be  at  the  pleasure  of  the  person  soliciting  signatures  to  the  same.  Any  qualified  elector 
of  the  state  shall  be  competent  to  solicit  such  signatures  within  the  county,  or  city  and  county, 
of  which  he  is  an  elector.  Each  section  of  the  petition  shall  bear  the  name  of  the  county,  or 
city  and  county  in  which  it  is  circulated,  and  only  qualified  electors  of  such  county  or  city  and 
county  shall  be  competent  to  sign  such  section.  Each  section  shall  have  attached  thereto  the 
affidavit  of  the  person  soliciting  signatures  to  the  same  stating  his  qualifications  and  that  all 
the  signatures  to  the  attached  section  were  made  in  his  presence  and  that  to  the  best  of  his 
knowledge  and  belief  each  signature  to  the  section  is  the  genuine  signature  of  the  person 
whose  name  it  purports  to  be;  and  no  other  affidavit  thereto  shall  be  required.  The  affidavit  of 
any  person  soliciting  signatures  hereunder  shall  be  verified  free  of  charge  by  any  officer  author- 
ized to  administer  an  oath.  Such  petition  so  verified  shall  be  prima  facie  evidence  that  the 
signatures  thereto  appended  are  genuine  and  that  the  persons  signing  the  same  are  qualified 
electors.  Unless  and  until  it  is  otherwise  proven  upon  official  investigation,  it  shall  be  presumed 
that  the  petition  presented  contains  the  signatures  of  the  requisite  number  of  electors.  Each 
section  of  the  petition  shall  be  filed  with  the  clerk,  or  registrar  of  voters,  of  the  county  or  city 
and  county  in  which  it  was  circulated ;  but  all  such  sections  circulated  in  any  coimty  or  city  and 
county  shall  be  filed  at  the  same  time.  Within  twenty  days  after  the  date  of  filing  such  petition, 
the  clerk,  or  registrar  of  voters,  shall  finally  determine  from  the  records  of  registration  what 
number  of  qualified  voters  have  signed  the  same;  and,  if  necessary,  the  board  of  supervisors 
shall  allow   such   clerk  or  registrar  additional  assistants  for  the  purpose  of  examining  such 

{  cvl  ) 


CONSTITUTION    OF    THE    STATE    OP    CALIFORNIA. 

petition  and  provide  for  their  compensation.  The  said  clerk  or  registrar,  upon  the  completion 
of  such  examination,  shall  forthwith  attach  to  such  petition  his  certificate,  properly  dated, 
showing  the  result  of  such  examination,  and  submit  said  petition,  except  as  to  the  signatures 
appended  thereto,  to  the  secretary  of  state  and  file  a  copy  of  said  certificate  in  his  oflSce. 
Within  forty  days  from  the  transmission  of  the  said  petition  and  certificate  by  the  clerk  or 
registrar  of  voters  to  the  secretary  of  state,  a  supplemental  petition,  identical  with  the  original 
as  to  the  body  of  the  petition  but  containing  supplemental  names,  may  be  filed  with  the  clerk 
or  registrar  of  voters,  as  aforesaid.  The  clerk  or  registrar  of  voters  shall  within  ten  days 
after  the  filing  of  such  supplemental  petition  make  like  examination  thereof  as  of  the  original 
petition,  and  upon  the  conclusion  of  such  examination  shall  forthwith  attach  to  such  petition 
his  certificate,  properly  dated,  showing  the  result  of  such  examination,  and  shall  forthwith 
transmit  such  supplemental  petition,  except  as  to  the  sig-natures  thereon,  together  with  his  said 
certificate,  to  the  secretary  of  state. 

When  the  secretary  of  state  shall  have  received  from  one  or  more  county  clerks,  or  registrars 
of  voters,  a  petition  certified  as  herein  provided  to  have  been  signed  by  the  requisite  number  of 
qualified  electors,  he  shall  forthwith  transmit  to  the  county  clerk  or  registrar  of  voters  of  every 
county  or  city  and  county  in  the  state  a  certificate  showing  such  fact;  and  such  clerk  or  regis- 
trar of  voters  shall  thereupon  file  said  certificate  for  record  in  his  office. 

A  petition  shall  be  deemed  to  be  filed  with  the  secretary  of  state  upon  the  date  of  the  receipt 
by  him  of  a  certificate  or  certificates  showing  the  said  petition  to  be  signed  by  the  requisite 
number  of  electors  of  the  state. 

No  recall  petition  shall  be  circulated  or  filed  against  any  officer  until  he  has  actually  held  his 
office  for  at  least  six  months;  save  and  except  it  may  be  filed  against  any  member  of  the  state 
legislature  at  any  time  after  five  days  from  the  convening  and  organizing  of  the  legislature 
after  his  election. 

If  at  any  recall  election  the  incumbent  whose  removal  is  sought  is  not  recalled,  he  shall  be 
repaid  from  the  state  treasury  any  amount  legally  expended  by  him  as  expenses  of  such  election, 
and  the  legislature  shall  provide  appropriation  for  such  purpose,  and  no  proceedings  for  another 
recall  election  of  said  incumbent  shall  be  initiated  within  six  months  after  such  election. 

If  the  governor  is  sought  to  be  removed  under  the  provisions  of  this  article,  the  duties  herein 
imposed  upon  him  shall  be  performed  by  the  lieutenant  governor;  and  if  the  secretary  of  state 
is  sought  to  be  removed,  the  duties  herein  imposed  upon  him  shall  be  performed  by  the  state 
controller;  and  the  duties  herein  imposed  upon  the  clerk  or  registrar  of  voters,  shall  be  per- 
formed by  such  registrar  of  voters  in  all  cases  where  the  office  of  registrar  of  voters  exists. 

The  recall  shall  also  be  exercised  by  the  electors  of  each  county,  city  and  county,  city  and 
town  of  the  state,  with  reference  to  the  elective  officers  thereof,  under  such  procedure  as  shall  be 
provided  by  law. 

Until  otherwise  provided  by  law,  the  legislative  body  of  any  such  county,  city  and  county, 
city  or  town  may  provide  for  the  manner  of  exercising  such  recall  powers  in  such  counties,  cities 
arid  counties,  cities  and  towns,  but  shall  not  require  any  such  recall  petition  to  be  signed  by 
electors  more  in  num.ber  than  twenty-five  per  cent  of  the  entire  vote  cast  at  the  last  preceding 
election  for  all  candidates  for  the  office  which  the  incumbent  sought  to  be  removed  occupies. 
Nothing  herein  contained  shall  be  construed  as  affecting  or  limiting  the  present  or  future 
powers  of  cities  or  counties  or  cities  and  counties  having  charters  adopted  under  the  authority 
given  by  the  constitution. 

In  the  submission  to  the  electors  of  any  petition  proposed  under  this  article  all  officers  shall 
be  guided  by  the  general  laws  of  the  state,  except  as  otherwise  herein  provided. 

This  article  is  self -executing,  but  legislation  may  be  enacted  to  facilitate  its  operation,  but 
in  no  way  limiting  or  restricting  the  provisions  of  this  article  or  the  powers  heroin  reserved, 
[New  article;  adopted  October  10,  1911.]  j_  p^  j^^^^^  President. 

Attest:    Edwin  F.  Smith.  Secretary. 


"tU  > 


CONSTITUTION    OF   TUIi:   STATE    OF    CALIFORNIA. 


MEMBERS  OF  THE  CONSTITUTIONAL  CONVENTION  OF  1879. 


A.  R.  ANDREWS, 
JAMES  J.  AYRES, 
CLITUS  BARBOUR, 
EDWARD  BARRY, 
JAMES  N.  BARTON, 
C.  J.  BEERSTECHER, 
ISAAC  S.  BELCHER, 
PETER  BELL, 
MARION  BIGGS, 
E.  T.  BLACKMER, 
JO  SI  AH  BOUCHER, 
JOSEPH  C.  BROWN, 
SAML.  B.  BURT, 
JAMES  CABLES, 
AUG.  H.  CHAPMAN, 
J.  M.  CHARLES, 
TOHN  D.  CONDON, 
C.  W.  GROSS, 
HAMLET  DAVIS, 
JAS.  E.  DEAN, 
P.  T.  DOWLING, 
LUKE  D.  DOYLE, 
W.  L.  DUDLEY, 
JONATHAN  M.  DUDLEY, 
PRESLEY  DUNLAP, 
JOHN  A.  EAGON, 
HENRY  EDGERTON, 
THOMAS  H.  ESTEY, 
M.  M.  ESTEE, 
EDWARD  EVEY, 
SIMON  J.  FARRELL, 
J.  A.  FILCER, 


CONRAD  HEROLD, 
D.  W.  HERRINGTON, 
S.  G.  HILBORN, 
J.  R.  W.  HITCHCOCK, 
SAM  A.  HOLMES, 
VOLNEY  E.  HOWARD, 
W.  J.  HOWARD, 
W.  F.  HUESTIS, 


JAMES  MARTIN  PORTER, 
WILLIAM  H.  PROUTY, 
M.  R.  C.  PULLIAM, 
PATRICK  REDDY, 
CHAS.  F.  REED, 
JAS.  S.  REYNOLDS, 
JNO.  M.  RHODES, 
CHAS.  S.  RINGGOLD, 


WM.  PROCTOR  HUGHEY,  HORACE  C.  ROLFE, 


G.  W.  HUNTER, 
DANIEL  INMAN, 
GEORGE  A.  JOHNSON, 
L.  F.  JONES, 
PETER  J.  JOYCE, 
JOHN  J.  KENNY, 
J.  M.  KELLEY, 
JAMES  H.  KEYES, 
C.  R.  KLEINE, 
T.  H.  LAINE, 
R.  M.  LAMPSON, 
H.  W.  LARUE, 
HENRY  LARKIN, 
DAVID  LEWIS, 
R.  LAVIGNE, 
J.  F.  LINDOW, 
JNO.  MANSFIELD, 
J.  WEST  MARTIN, 
EDWARD  MARTIN, 
JOHN  G.  McCALLUM, 
RUSH  McCOMAS, 
THOMAS  MeCONNELL, 


GEO.  W.  SCHELL, 

J.  SCHOMP, 

JAMES  McM.  SHAFTER, 

RUFUS  SHOEMAKER, 

BENJ.  SHURTLEFF, 

E.  0.  SMITH, 

H.  W.  SMITH, 

GEO.  VENABLE  SMITH, 

E.  P.  SOULE, 
JOHN  C.  STEDMAN, 
GEO.  STEELE. 

D.  C.  STEVENSON, 
CHAS.  V.  STUART, 
W.  J.  SWEASEY, 
CHARLES  SWENSON, 
R.  S.  SWING, 
D.  S.  TERRY, 
S.  B.  THOMPSON, 
W.  J.  TINNIN, 

F.  0.  TOWNSEND, 
P.  B.  TULLY, 

H.  K.  TURNER, 
DANIEL  TUTTLE, 


JOHN  McCOY, 

JACOB  RICHARD  FREUD,  THOMAS  B.  McFARLAND,  A.  P.  VACQUEREL, 
ABRAHAM  CLARK  FREE- JOHN  FLEMING  McNUTT,  WALTER  VAN  DYKE, 


MAN, 
J.  B.  GARVEY, 
B.  B.  GLASCOCK, 
JOSEPH  C.  GORMAN, 
W.  P.  GRACE, 
WILLIAM  J.  GRAVES, 
V.  A.  GREGG, 
JNO.  S.  HAGER, 
JOHN  B.  HALL, 
J.  E.  HALE, 
THOMAS  HARRISON, 
JOEL  A.  HARVEY, 
T.  D.  HEISKELL, 


WM.  S.  MOFFATT, 
L.  D.  MORSE, 
HIRAM  MILLS, 
W.  W.  MORELAND, 
JAMES  E.  MURPHY, 
EDMUND  NASON, 
THORWALD 

NELSON, 
HENRY  NEUNABER, 
CHAS.  C.  O'DONNELL, 
GEORGE  OHLEYER, 
JAMES  0 'SULLIVAN, 
A.  P.  OVERTON, 


WM.  VAN  VOORHIES, 
JNO.  WALKER, 
HUGH  WALKER, 
BYRON  WATERS, 
J.  V.  WEBSTER, 
JOSEPH  R.  WELLER, 
CLAUDIUSPATRICK  M.  WELLIN, 
JOHN  P.  WEST, 
WM.  F.  WHITE, 
JOHN  T.  WICKES, 
H.  C.  WILSON, 
JOS.  W.  WINANS, 
N.  G.  WYATT. 


Note. — The  following  were  also  members  of  the  convention  but  did  not  sign  the  constitution, 
being  absent  on  the  day  when  it  was  adopted :  Barnes,  Wm.  H.  L. ;  Berry,  J. ;  Boggs,  H.  C. ; 
Campbell,  A.,  Jr.;  Casserly,  Eugene;  Cowden,  D.  H.;  Crouch,  Robert;  Faweett,  Eugena; 
Finney,  Chas.  G.,  Jr.;  Miller,  John  F.;  Noel,  Alonzo  E.j  Wilson,  Samuel  M. 


GENEEAL  LAWS 

OF  THE 

STATE  OF  CALIFORNIA 


ABORTIOl^. 

See  tit.  "Advertisements.'* 

ACCORD  AND  SATISFACTION. 
See  Kerr's  Cyc.  Civil  Code,  ^  1521-1524. 

CHAPTER  1. 

ACCOUNTANCY. 

References:    Department  of  accounting,  under  board  of  control,  see  Kerr's  Cyc.  Political 
Code,   §  686. 

Officers  and  employees  of  state,  accounts  of,  see  Kerr's  Cyc.  Political  Code,  §  424, 

CONTENTS  OF  CHAPTER. 
ACT  9.     State  Board  of  Accountancy. 

STATE  BOARD  OP  ACCOUNTANCY. 
ACT  9 — An  act  to  create  a  state  board  of  accountancy  and  prescribe  its  powers  and 
duties;  to  provide  for  tlie  examination  of  and  issuance  of  certificates  to  qualified 
applicants,  with  the  designation  of  certified  public  accountant;  and  to  provide  the 
grade  of  penalty  for  violations  of  the  provisions  hereof. 

History:      Approved  March  23,  1901,   Stats.  1901,  p.  645.     Amended 
June  16,  1913.     In  effect  August  10,  1913.     Stats.  1913,  p.  949. 

State  board  of  accountancy  created. 

$  1.  Within  thirty  days  after  the  passage  of  this  act  the  governor  shall  appoint  five 
persons,  at  least  three  of  whom  shall  be  competent  and  skilled  public  accountants  who 
shall  have  been  in  practice  as  such  in  this  state  for  not  less  than  five  consecutive  years, 
to  constitute  and  serve  as  a  state  board  of  accountancy.  The  members  of  such  board 
shall,  within  thirty  days  after  their  appointment,  take  and  subscribe  to  the  oath  of 
office  as  prescribed  by  the  Political  Code,  and  file  the  same  with  the  secretary  of  state. 
They  shall  hold  office  for  four  years,  and  until  their  successors  are  appointed  and 
qualified;  save  and  except  that  one  of  the  members  of  the  board  first  to  be  appointed 
under  this  act  shall  hold  office  for  one  year;  one  for  two  years;  one  for  three  years, 
and  two  for  four  years.  Any  vacancies  that  may  occur,  from  any  cause,  shall  be  filled 
by  the  governor  for  the  unexpired  term;  provided,  that  all  appointments  made  after 
the  first  year  must  be  made  from  the  roll  of  certificates  issued  and  on  file  in  the  office 
of  the  governor. 
Gen.  Laws — 1  (  1  ) 


Act  9,  §§  2-3a  GEIVERAL  LAAVS.  3 

Office,  powers,  and  duties  of  board.    Fees.    Certificates.    Reports.    Examination. 

$  2.  The  state  board  of  accountancy  shall  have  its  office  in  the  city  and  county  of 
San  Francisco,  and  its  powers  and  duties  shall  be  as  follows : 

1.  To  formulate  rules  for  the  government  of  the  board  and  for  the  examination  of 
and  granting  of  certificates  of  qualification  to  persons  applying  therefor; 

2.  To  hold  written  examinations  of  applicants  for  such  certificates,  at  least  semi- 
annually, at  such  places  as  circumstances  and  applications  may  warrant; 

3.  To  grant  certificates  of  qualification  to  such  applicants  as  may,  upon  examination, 
be  found  qualified  in  "theory  of  accounts,"  "practical  accounting,"  "auditing,"  and 
"commercial  law,"  to  practice  as  certified  public  accountants; 

4.  To  charge  and  collect  from  all  applicants  such  fee,  not  exceeding  twenty-five 
dollars,  as  may  be  necessary  to  meet  the  expenses  of  examination,  issuance  of  certifi- 
cates and  conducting  its  office ;  provided,  that  all  such  expenses,  including  not  exceeding 
five  dollars  per  daj'  for  each  member  while  attending  the  sessions  of  the  board  or  con- 
ducting examinations,  must  be  paid  from  the  current  receipts,  and  no  portion  thereof 
shall  ever  be  paid  from  the  state  treasury; 

5.  To  require  the  annual  renewal  of  all  such  certificates,  and  to  collect  therefor  a 
renewal  fee  of  not  exceeding  one  dollar; 

6.  To  revoke  for  cause  any  such  certificate,  after  written  notice  to  the  holder,  and  a 
hearing  being  had  thereon;  provided,  that  such  revocation  must  receive  the  affirmative 
vote  of  at  least  four  members  of  the  board; 

7.  To  report  annually  to  the  governor,  on  or  before  the  first  day  of  December,  all 
such  certificates  issued  or  renewed,  together  with  a  detailed  statement  of  receipts  and 
disbursements;  provided,  that  any  balance  remaining  in  excess  of  the  expenses  incurred 
may  be  retained  by  the  board  and  used  in  defraying  the  future  expenses  thereof; 

8.  The  board  may,  in  its  discretion,  under  regulations  provided  by  its  rules,  waive 
the  examination  of  applicants  possessing  the  qualifications  mentioned  in  section  three, 
who  shall  have  been  for  more  than  three  years  prior  to  the  passage  of  this  act  practis- 
ing in  this  state  as  public  accountants  on  their  own  account,  and  who  shall,  in  writing, 
apply  for  such  certificates  within  one  j'ear  thei'eafter, 

Eligibility  of  certified  public  accountant. 

$  3.  Any  citizen  of  the  United  States,  or  any  person  who  has  duly  declared  his 
intention  of  becoming  such  citizen,  residing  and  doing  business  in  this  state,  being  over 
the  age  of  twenty-one  years  and  of  good  moral  character,  may  apply  to  the  state  board 
of  accountancy  for  examination  under  its  rules,  and  for  the  issuance  to  him  of  a  certifi- 
cate of  qualification  to  practise  as  a  certified  public  accountant,  and  upon  the  issuance 
and  receipt  of  such  certificate,  and  during  the  period  of  its  existence,  or  of  any  renewal 
thereof,  he  shall  be  styled  and  known  as  a  certified  public  accountant  or  expert  of 
accounts,  and  no  other  person  shall  be  permitted  to  assume  and  use  such  title  or  to  use 
any  words,  letters  or  figures  to  indicate  that  the  person  using  the  same  is  a  certified 
public  accountant. 

Certified  accountants  from  other  states  permitted  to  practise. 

§  3a,  Any  citizen  of  the  United  States,  or  any  person  who  has  declared  his  intention 
of  becoming  such  citizen,  being  over  the  age  of  twenty-one  years  and  of  good  moral 
character,  who  has  complied  with  the  rules  and  regulations  of  the  board  appertaining 
to  such  cases,  and  who  holds  a  valid  and  unrevoked  certificate  as  a  certified  public 
accountant,  or  the  equivalent  thereof,  issued  by  or  under  the  authority  of  any  other 
state  of  the  United  States,  or  the  District  of  Columbia,  or  any  territory  of  the  United 
States,  or  by  or  under  the  authority  of  a  foreign  nation,  when  the  board  shall  be  satis- 
fied that  their  standards  and  requirements  for  a  certificate  as  a  certified  public  account- 
ant are  substantially  equivalent  to  those  established  by  the  act  of  which  this  act  is 


a  ACKNOWLEDGMENTS.  Act  12,  §§  1, 2 

an  amendment,  may  at  the  discretion  of  the  board  receive  a  certificate  as  a  certified 
public  accountant,  and  such  person  may  thereafter  practise  as  a  certified  public 
accountant  and  assume  and  use  the  name,  title,  and  style  of  "certified  public  account- 
ant ' '  or  any  abbreviation  or  abbreviations  thereof,  in  the  state  of  California ;  provided, 
however,  that  such  other  state,  territory,  or  nation,  extends  similar  privileges  to  certi- 
fied public  accountants  of  the  state  of  California.  [New  section  added  June  16,  1913, 
Stats.  1913,  p.  949.] 

Violation  of  statute  a  misdemeanor. 

$  4.     Any  violation  of  the  provisions  of  this  act  shall  be  deemed  a  misdemeanor. 
$  5.     This  act  shall  take  effect  from  and  after  its  passage. 

CHAPTER.  2. 
ACKifOWLEDGMENTS. 

CONTENTS  OF  CHAPTER. 
ACT  12.     Legalizing  Certain  Acknowledgments. 

LEGALIZING  CERTAIN  ACKNOWLEDGMENTS. 
ACT  12 — An  act  to  legalize  certain  acknowledgments. 

History:     x\pproved  February  25,  1897,  Stats.  1897,  p.  29.     Prior  act 
superseded  Act  of  March  2,  1891,  Stats.  1891,  p.  20. 

$  1.  All  acknowledgments  of  deeds  and  other  instruments  of  writing,  whereby  real 
estate,  or  any  interest  therein,  is  conveyed  or  may  be  affected,  heretofore  taken  before 
court  commissioners  or  a  county  clerk,  and  by  them  or  him  certified  in  the  usual  form, 
shall,  from  and  after  the  passage  of  this  act,  have  the  same  force  and  effect  for  all 
purposes,  as  though  such  acknowledgments  had  been  taken  before  and  certified  by  a 
clerk  of  a  court  of  record,  or  a  county  recorder,  or  a  notary  public;  and  the  record  of 
such  deeds  or  instruments,  if  the  same  shall  have  been  admitted  to  record,  shall  here- 
after impart  notice  to  the  same  extent  as  though  such  acknowledgments  had  been  taken 
before  and  certified  by  any  one  of  the  above-named  officers,  and  said  records  and  duly 
certified  copies  thereof  shall  have  the  same  effect  in  evidence  as  though  said  deeds  or 
instruments  had  been  originally  acknowledged  and  certified  before  and  by  duly  author- 
ized officers;  provided,  nothing  in  this  act  shall  be  so  construed  as  in  any  manner  to 
affect  the  rights  of  any  subsequent  purchaser  in  good  faith  and  for  value. 

$  2.     This  act  shall  take  effect  from  and  after  its  passage. 

Ackno^vIedKnients,    admissibility    as    evl-  notary   making   the   certificate,   and    did   not 

dence. — See    Kerr's    Cyc.    Code    Civil    Proce-  acknowledge    the    instrument,    and    did    not 

dure,   §§  1948,  1951.  know    anything:    about    its    delivery    to    the 

.Same — Cortific.ife  as  evidence  of  requisite  grantees,    the    certificate    is    not    conclusive, 

facts. — If    it    is    in    due    form,    and    not    im-  and  it   is  error  to   refuse   to  admit   evidence 

peached    for    fraud,    duress    or    mistake,    the  of  the  facts. — Le  Mesnager  v.  Hamilton,  101 

certificate  of  acknowledgment  of  a  married  Cal.  532-534,  40  Am.  St.  Rep.  81,  35  Pac.  1054. 
woman    is    conclusive    of    the    facts    stated  Same  —  Same.  —  When  a  married  woman 

therein,   and   can   not  be  impeached   by   evi-  whose  acknowledgment  to  a  mortgage  is  es- 

dence  or  findings  that  it  was  taken  over  the  sential  to  its  validity,  never  in  fact  appeared 

telephone,   the  married  woman  being  at  the  before    the    notary    certifying     to     her    ac- 

time  three  miles  distant  from  the  notary. —  knowledgment,     did     not     acknowledge     the 

Banning  v.  Banning,   80  Cal.   271,   13  Am.  St.  mortgage,  and  did  not  know  anything  about 

Rep.  156,  22  Pac.  210;  cited  in  Langenbeck  v.  its    delivery,    the    certificate    is    not    conclu- 

Lewis,  140  Cal.  406,  409,  73  Pac.  1086.  sive,  it  may  be  impeached  by  parol  evidence. 

See,   also,   De   Arnaz   v.    Escandon,    59    Cal.  and   is   a   mere   fabrication    and    is   void. Le 

486.  Mesnager   v.   Hamilton,    101    Cal.    632-534,    40 

Same — Certilieatc    when    not    conclusive. —  Am.   St.   Rep.  81,   35   Pac.   1054. 
When  a  married  woman,  whose  acknowledg-  Acknowledermont  of  articles  of  incorpora- 

ment  to  a  mortgage   appears  in   the   certifi-  tlon. — See  Kerrs  Cyc.  Civil  Code,  SS  292,  605, 

cale,     never    in     fact    appeared     before     the  653o,   653v. 


Act  25,  8§  1,  a  GEINERAL   LAWS.  4 

Acknowledgment    by    attorney    In    fact. —  ment. — See    Kerr's    Cyc.    Code    Civil    Proce- 

See  Kerr's  Cyc.  Civil  Code,   §§  1192-1193.  dure,  §  675. 

Ackno^Tledgment  by  court  commissioners.  AcknoTiledgment  of  ^vills  and  other  w^rit- 

— See     Kerr's     Cyc.     Code     Civil     Procedure,  ings. — See  Kerr's  Cyc.  Code  Civil  Procedure, 

I  259.  §  1948. 

AcknoTt-ledg^ments      by      commissioner      of  Correction      of      acknoivledgments.  —  See 

deeds. — See  Kerr's  Cyc.  Political  Code,  §§  812,  Kerr's  Cyc.  Civil  Code,  §  1202. 
813.  Curing    defective    acknowledgrments, — See 

Acknowledgment  by  convicts. — See  Kerr's  Kerr's   Cyc.   Civil   Code,    §  1207. 
Cyc.  Penal  Code,  §  675.  Foreign     acknowledgments.  —  See     Kerr's 

Acknowledgment,      false      personation      In  Cyc.  Civil  Code,   §§  1182,  1183,   1189. 
making. — See  Kerr's  Cyc.  Penal  Code,   §  529.  I/egalizing  acknofvledgments  taken  before 

Acknowledgments  relating  to  homesteads.  recorders. — Stats.  1852,  p.  166. 
— See    Kerr's    Cyc.    Civil    Code,    §§  1242,    1243,  Legaliieing  acknowledgments  taken  before 

1244,  1262,  1266.  deputy  recorders. — Stats.  1859,  p.  212. 

Acknowledgment   by  justice  of   the  peace.  Legalizing    acknowledgrmento    of    married 

— See  Kerr's  Cyc.  Code  Civil  Procedure,  §  179.  women    taken    before    county   clerks. — Stats. 

Acknowledgments  by  superior  judge. — See  1867-8,  p.  203. 
Kerr's  Cyc.  Code  Civil   Procedure,   §  179.  I^egaliziug    certain    acknowledgments    re- 
Acknowledgment    by    justices    of    the    sn-  quired    by    the    Act    of    1866,    formation    of 
preme    court. — See    Kerr's    Cyc.    Code    Civil  boards  of  trade,  chambers  of  commerce,  etc. 
Procedure,  §  179.  — Stats.  1885,  p.  55. 

Acknowledgments    by    police    judges. — See  Power  of  attorney  to  execute  mortgage. — 

Kerr's  Cyc.   Code  Civil  Procedure,   §  179.  See  Kerr's  Cyc.  Civil  Code,  §  2933. 

Acknowledgment  of  married  woman,  form  Proof  and  acknowledgment  of  instruments 

of. — See  Kerr's  Cyc.  Civil  Code,  §§  1093,  1187.  in    general.  —  See    Kerr's    Cyc.    Civil    Code, 

Acknowledgment      of      mortgages.  —  See  S§  1180,  et  seq. 
Kerr's  Cyc.  Civil  Code,  §  £952.  Validation    of   acknowledgments    of    state 

Acknowledgment  of  satisfaction   of  judg-  prisoners,  with  witnesses. — Stats.  1862,  p.  496. 

ACTIONS  AGAINST  STATE. 

See  tit.  "State." 

ADOPTION. 
See  Kerr's  Cyc.  Civil  Code,  $$221,  et  seq. 

CHAPTER  3. 

ADULTERATION. 
References:    See  tits.  "Butter";  "Cheese";  "Dairies." 

CONTENTS  OF  CHAPTER. 

ACT  25.    Food  and  Drug  Adulteration. 

26.  Food  and  Liquor  Act. 

27.  Drug  Act. 

29.  Paints,  Oils,  Varnishes,  and  Pigments. 

36.  Dairy  Products. 

38.  Honey. 

39.  Syrup. 

41.     Analysis  for  Adulteration. 
45.     Insecticide  and  Fungicide  Act. 

FOOD  AND  DRUG  ADULTERATION. 

ACT  25 — An  act  to  provide  against  the  adulteration  of  food  and  dmgs. 

History:     Approved  March  26,  1895,  Stats.  1895,  p.  7L 
Adulterated  drugs  or  food. 

$  1.     No  person  shall,  within  this  state,  manufacture  for  sale,  offer  for  sale,  or  sell 
any  drug  or  article  of  food  which  is  adulterated  within  the  meaning  of  this  act. 

"Drug"  defined.     "Food"  defined. 

$  2.     The  term  "drug,"  as  used  in  this  act,  shall  include  all  medicine  for  internal  or 
external  use,   antiseptics,   disinfectants,   and  cosmetics.     The   term   "food,"   as   used 


6  aOT/LTERATIOIV.  Act  25,  §8  3-0 

herein,  shall  include  all  articles  used  for  food  or  drink  by  man,  whether  simple,  mixed, 
or  compound. 

Drug  adulteration  defined.    Food  adulteration  defined.    Exceptions. 

§  3.     Any  article  shall  be  deemed  to  be  adulterated  within  the  meaning  of  this  act: 

(a)  In  the  case  of  drugs:  (1)  If,  when  sold  under  or  by  a  name  recognized  in  the 
United  States  Pharmacopoeia,  it  differs  from  the  standard  of  strength,  quality,  or  pur- 
ity laid  down  therein.  (2)  If,  when  sold  under  or  by  a  name  not  recognized  in  the 
United  States  Pharmacopoeia,  but  in  which  is  found  in  some  other  pharmacopoeia  oi 
other  standard  work  on  materia  medica,  it  differs  materially  from  the  standard  of 
strength,  quality,  or  purity  laid  down  in  such  work.  (3)  If  its  strength,  quality,  or 
purity  falls  below  the  professed  standard  under  which  it  is  sold. 

(b)  In  the  case  of  food:  (1)  If  any  substance  or  substances  have  been  mixed  with 
it,  so  as  to  lower  or  depreciate,  or  injuriously  affect  its  quality,  strength,  or  purity. 
(2)  If  any  inferior  or  cheaper  substance  or  substances  have  been  substituted  wholly 
or  in  part  for  it.  (3)  If  any  valuable  or  necessary  constituent  or  ingredient  has  been 
wholly  or  in  part  abstracted  from  it.  (4)  If  it  is  an  imitation  of,  or  is  sold  under  the 
name  of,  another  article.  (5)  If  it  consists  wholly,  or  in  part,  of  a  diseased,  decom- 
posed, putrid,  infected,  tainted,  or  rotten  animal  or  vegetable  substance  or  article, 
whether  manufactured  or  not ;  or  in  the  case  of  milk,  if  it  is  the  produce  of  a  diseased 
animal.  (6)  If  it  is  colored,  coated,  polished,  or  powdered,  whereby  damage  or  inferi- 
ority is  concealed,  or  if  by  any  means  it  is  made  to  appear  better  or  of  greater  value 
than  it  really  is.  (7)  If  it  contains  any  added  substance  or  ingredient  which  is  poison- 
ous or  injurious  to  health. 

Proviso. 

Provided,  that  the  provisions  of  this  act  shall  not  apply  to  mixtures  or  compounds 
recognized  as  ordinary  articles  or  ingredients  of  articles  of  food,  if  each  and  every 
package  sold  or  offered  for  sale  be  distinctly  labeled  as  mixtures  or  compounds,  with 
the  name  and  percent  of  each  ingredient  therein,  and  are  not  injurious  to  health. 

Must  furnish  samples  for  analysis. 

$  4.  Every  person  manufacturing,  exposing  or  offering  for  sale,  or  delivering  to  a 
purchaser,  any  drug  or  article  of  food  included  in  the  provisions  of  this  act,  shall  fur- 
nish to  any  person  interested,  or  demanding  the  same,  who  shall  apj^ly  to  him  for  the 
purpose,  and  shall  tender  him  the  value  of  the  same,  a  sample  suflSeient  for  the  analysis 
of  any  such  drug  or  article  or  food  which  is  in  his  possession. 

Penalty. 

$  5.  Whoever  refuses  to  comply,  upon  demand,  with  the  requirements  of  section 
four,  and  whoever  violates  any  of  the  provisions  of  this  act.  shall  be  guilty  of  a  misde- 
meanor, and  shall  be  fined  not  exceeding  one  hundred  nor  less  than  twenty-five  dollars, 
or  imprisoned  in  the  county  jail  not  exceeding  one  hundred  nor  less  than  thirty  days, 
or  both.  And  any  person  found  guilty  of  manufacturing,  offering  for  sale,  or  selling, 
an  adulterated  article  of  food  or  drug  under  the  provisions  of  this  act  shall  be  adjudged 
to  pay,  in  addition  to  the  penalties  hereinbefore  provided  for,  all  the  necessary  costs 
and  expenses  incurred  in  inspecting  and  analyzing  such  adulterated  articles  of  which 
said  person  may  have  been  found  guilty  of  manufacturing,  selling,  or  offering  for  sale. 

Act  takes  effect  when. 

§  6.     This  act  shall  be  in  force  and  take  effect  from  and  after  its  passage. 

Adulteration  of  dairy  products. — See,  post,  Analysis   to    determine    adulteration. — See, 

Act  36.  post,  Act.  41. 

AiIiiHeration  of  particular  food*  and  other  Codiiieil    and    NU|ierNC(!i-(I.  —  Sections    1,     2. 

prrdnt'ts. — See   particular  title.  and   3,   witli   the   excei'iion  vt  V.-.c   proviso  of 


Act  26,  §  1  GENERAL   LAW^S.  t 

section   3,   were  codified   by   section  383,   Pe-  or  drugs,  after  they  have  become  a  part  of 

nal  Code. — See  Kerr's  Cyc.  Penal  Code,  §  383.  the   local    retail   commerce. — Cleveland,    etc.. 

Aside  from  this  the  act  is  believed  to  have  Co.   v.    State   Board   of   Health,    256   Cal.    376. 

been  entirely  superseded  by  later  acts. — See  Constitutionality   of  statute   making   pos- 

Acts  26,   27.  session   of  criminal. — See  note,   51  Am.  Rep. 

Constitutionality — Delegration    of    legisla-  347, 

tive  poTver. — It  vs^as  perfectly  competent  for  For    comparison,    see    Kerr's    Cyc.    Penal 

the   California   food   and    drug   act    to   adopt  Code,   §  382. 

as  a  standard  of  purity  for  the  enforcement  Imitation   butter,   or   oleomargrarlne. — See, 

of  its  regulations  the  determinations  of  the  post,  tits.  "Butter,"  "Dairies." 

U.   S.    Department  of  Agriculture,    and   such  Liability  for  selling  noxious  and  unwhole- 

enactment  involves  no  obnoxious  delegation  some    foods    and    drugs. — See    note,    73    Am. 

of  legislative  power. — Cleveland,  etc.,  Co.  v.  Dec.  165. 

State  Board  of  Health,  256  Fed.  376.  Manufacture,    sale    and    transportation    of 

Same— Goods    In    interstate    commerce. —  adulterated    foods    and    liquors.  —  See,    post. 

Food    or   drugs,    shipped    in    interstate    com-  Act  26. 

merce,  are  removed  from  the  domain  of  in-  Manufacture,    sale    or    transportation     of 

terstate    commerce,    and    are   subject   to    the  adulterated  drnss. — See,  post.  Act.  27. 

provisions  of  the  state  food  and  drugs  act.  Power   of   state  to   regulate   and  prohibit 

when  they  are  sold  by  a  wholesaler  to  a  re-  the  manufacture  and  sale   of. — See  note,   10 

tailer,    in    the    state,    and    placed    on   sale    to  Am.  St.  Rep.  423. 

consumers. — Cleveland,     etc.,     Co.     v.     State  Power  of  state  to  prevent  Importation  and 

Board  of  Health,  256  Fed.  376.  sale. — See  note,   90  Am.  St.  Rep.   607. 

Same — The    federal    food    and    drugs    act  Povrer  of  state  to   establish   a  standard. — 

does  not  prevent  the  state  from  prohibiting  See  note,   41  L.  R.  A.    (N.  S.)   149. 
the    adulteration    and   misbranding    of    food 

FOOD  AND  LIQUOR  ACT. 

ACT  26 — An  act  for  preventing  the  manufacture,  sale  or  transportation  of  adulterated, 
mislabeled  or  misbranded  foods  and  liquors  and  regulating  the  traffic  therein,  provid- 
ing penalties,  establishing  a  state  laboratory  for  foods,  liquors  and  drugs  and  making 
an  appropriation  therefor. 

History:  Approved  March  11,  1907,  Stats.  1907,  p.  208.  Amended 
February  22,  1909,  Stats.  1909,  p.  51;  March  13,  1909,  Stats.  1909, 
p.  353;  April  26,  1911,  Stats.  1911,  p.  1114;  April  23,  1915,  Stats.  1915, 
p.  170;  June  1,  1917,  Stats.  1917,  p.  1641;  April  30,  1919,  Stats.  1919, 
p.  241. 

Manufacture  and  sale  of  adulterated  food  prohibited. 

$  1.  The  manufacture,  production,  preparation,  compounding,  packing,  selling,  offer- 
ing for  sale  or  keeping  for  sale  within  the  state  of  California,  or  the  introduction  into 
this  state  from  any  other  state,  territory,  or  the  District  of  Columbia,  or  from  any 
foreign  country,  of  any  article  of  food  or  liquor  which  is  adulterated,  mislabeled  or 
misbrauded  within  the  meaning  of  this  act  is  herebj'  prohibited.  Any  person,  firm, 
company,  or  corporation  who  shall  import  or  receive  from  any  other  state  or  territory 
or  the  District  of  Columbia  or  from  any  foreign  country,  or  who  having  so  received 
shall  deliver  for  pay  or  otherwise,  or  offer  to  deliver  to  any  other  person,  any  article  of 
food  or  liquor  adulterated,  mislabeled  or  misbranded  within  the  meaning  of  this  act,  or 
any  person  who  shall  manufacture  or  produce,  prepare  or  compound,  or  pack  or  sell, 
or  offer  for  sale,  or  keep  for  sale,  in  the  state  of  California  any  such  adulterated,  mis- 
labeled or  misbranded  food,  or  liquor  shall  be  guilty  of  a  misdemeanor,  provided  that 
no  article  of  food  shall  be  deemed  adulterated,  mislabeled  or  misbranded  within  the 
provisions  of  this  act,  when  prepared  for  export  beyond  the  jurisdiction  of  the  United 
States  and  prepared  or  packed  according  to  specifications  or  directions  of  the  foreign 
purchaser,  when  no  substance  is  used  in  the  ^preparation  or  packing  thereof  in  conflict 
with  the  laws  of  the  foreign  country  to  which  said  article  is  intended  to  be  shipped; 
but  if  such  foods  shall  be  in  fact  sold,  or  kept  or  offered  for  sale  for  domestic  uses  and 
consumption,  then  this  proviso  shall  not  exempt  said  article  from  the  operation  of  any 
provisions  of  this  act. 


7  ADULTERATION,  Act  26,  §§  2-5 

Definition  of  term  "food." 

$  2.  The  term  "food"  as  used  in  this  act  shall  include  all  articles  used  for  food, 
drink,  liquor,  confectionery  or  condiment  by  man  or  other  animals,  whether  simple, 
mixed  or  compound. 

Standard  of  purity. 

§  3.  The  standard  of  purity  of  food  and  liquor  shall  be  that  published  in  circular 
number  nineteen,  the  food  inspection  decisions  and  the  service  and  regulatory 
announcements  of  the  bureau  of  chemistry  of  the  United  States  department  of  agricul 
ture.  Nothing  in  this  section  contained  shall  authorize  or  permit  any  adulteration  of 
any  food  or  liquor  because  the  standard  of  purity  of  such  food  or  liquor  shall  not  be 
proclaimed  by  the  secretary  of  the  United  States  department  of  agriculture.  [Amend- 
ment of  April  30, 1919.    In  effect  July  22, 1919.    Stats.  1919,  p.  241.] 

This  section  was  also  amended  June  1.  1917,  Stats.  1917,  p.  1641. 

What  constitutes  adulteration  of  food. 

$  4.  Food  shall  be  deemed  adulterated  within  the  meaning  of  this  act,  in  any  of  the 
following  cases: 

First:  If  any  substance  has  been  mixed  or  packed,  or  mixed  and  packed  with  the 
food  so  as  to  reduce  or  lower  or  injuriously  affect  its  quality,  purity,  strength,  or  food 
value. 

Second:  If  any  substance  has  been  substituted  wholly  or  in  part  for  the  article  of 
food. 

Third:  If  any  essential  or  any  valuable  constituent  or  ingredient  of  the  article  of 
food  has  been  wholly  or  in  part  abstracted. 

Fourth :  If  it  be  mixed,  colored,  powdered,  coated  or  stained  in  any  manner  whereby 
damage  or  inferiority  is  concealed. 

Fifth :  If  it  contain  any  added  poisonous  or  other  added  deleterious  ingredient. 

Sixth :  If  it  consists  in  whole  or  in  part  of  a  filthy,  decomposed  or  putrid  animal  or 
vegetable  substance,  or  any  portion  of  an  animal  or  vegetable  unfit  for  food  whether 
manufactured  or  not,  or  if  it  is  the  product  of  a  diseased  animal  or  one  that  has  died 
otherwise  than  by  slaughter;  provided  that  an  article  of  liquor  shall  not  be  deemed 
adulterated,  mislabeled  or  misbranded  if  it  be  blended  or  mixed  with  like  substances  so 
as  not  to  injuriously  reduce  or  injuriously  lower  or  injuriously  affect  its  quality,  purity 
or  strength. 

Seventh :  In  the  case  of  confectionery :  If  it  contains  terra-alba,  barytes,  talc,  chrome 
yellow,  or  other  mineral  substance  or  poisonous  color  or  flavor,  or  other  ingredient 
deleterious  or  detrimental  to  health,  or  any  vinous,  malt,  or  spirituous  liquor  or 
compound  or  narcotic  drug. 

Eighth:  In  the  case  of  vinegar:  If  it  be  artificially  colored. 

Ninth:  If  it  does  not  conform  to  the  standard  of  purity  therefor  as  proclaimed  by 
the  secretary  of  the  United  States  department  of  agriculture.  [Amendment  of 
March  13,  1909 ;  Stats.  1909,  p.  353.] 

To  what  the  term  "misbranded"  applies. 

$  5.  That  the  term  "misbranded"  as  used  herein  shall  apply  to  all  articles  of  food, 
or  articles  which  enter  into  the  composition  of  food,  the  package  or  label  of  which 
shall  bear  any  statement,  design  or  device  regarding  such  article,  or  the  ingredients  or 
substances  contained  therein  which  shall  be  false  or  misleading  in  any  particular,  and 
to  any  food  product  which  is  falsely  branded  as  to  the  county,  city  and  county,  city, 
town,  state,  territory,  District  of  Columbia  or  foreign  country  in  which  it  is  manufac- 
tured, or  produced. 


4ct26,  §§6-9  GBNISRAL   LAW'S.  8 

Food,  misla'beled  or  misbranded,  what  shall  be  deemed  as. 

$  6.  Food  and  liquoi*  shall  be  deemed  mislabeled  or  misbranded  within  the  meaning 
of  this  act  in  any  of  the  following  cases : 

First — If  it  be  an  imitation  of  or  offered  for  sale  under,  the  distinctive  name  of 
another  article  of  food. 

Second — If  it  be  labeled  or  branded  or  colored  so  as  to  deceive  or  mislead,  or  tend 
to  deceive  or  mislead  the  purchaser;  or  if  it  be  falsely  labeled  in  any  respect,  or  if  it 
purport  to  be  a  foreign  product  tend  to  mislead  the  purchaser,  or  purport  to  be  a  for- 
eign product  when  not  so,  or  if  the  contents  of  the  package  as  originally  put  up  shall 
have  been  removed,  in  whole  or  in  part,  and  other  contents  shall  have  been  placed  in 
such  package. 

Third — If  in  package  form,  and  the  contents  are  stated  in  terms  of  weight  or 
measure,  they  are  not  plainly  and  correctly  stated  on  the  outside  of  the  package. 

Fourth — If  the  package  containing  it  or  its  label  shall  bear  any  statement,  design  or 
device  regarding  the  ingredients  or  the  substance  contained  therein,  which  statement, 
design  or  device  shall  be  false  or  misleading  in  any  particular. 

Fifth — When  any  package  bears  the  name  of  the  manufacturers,  jobbers  or  sellers, 
or  the  grade  or  the  class  of  the  product,  it  must  bear  the  name  of  the  real  manufac- 
turers, jobbers  or  sellers  and  the  true  grade  or  class  of  the  product,  the  same  to  be 
expressed  in  clear  and  distinct  English  M'ords  in  legible  type;  provided,  that  an  article 
of  food  shall  not  be  deemed  misbranded,  if  it  be  a  Avell-known  food  product  of  a  nature, 
quality  and  ajipearance,  and  so  exposed  to  public  inspection  as  not  to  deceive  or  mis- 
lead nor  tend  to  deceive  or  mislead  a  purchaser,  and  not  misbranded  and  not  of  the 
character  included  within  the  definitions  one  to  four  of  this  section. 

Sixth — If,  having  no  label,  it  is  an  imitation  or  adulteration,  or  is  sold  or  offered 
for  sale  under  a  name,  designation,  description  or  representation  which  is  false  or 
misleading  in  any  particular  whatever;  and  in  case  of  eggs  and  poultry:  if  they  have 
been  kept  or  packed  in  cold  storage,  or  otherwise  preserved,  they  must  be  so  indicated 
by  written  or  printed  label  or  placard  plainly  designating  such  fact  when  offered  or 
exposed  for  sale.     [Amendment  of  February  22,  1909;  Stats.  1909,  p.  51.] 

Definition  of  the  term  "package." 

$  7.  The  term  "package"  as  used  in  this  act  shall  be  construed  to  include  any  phial, 
bottle,  jar,  demijohn,  carton,  bag,  case,  can,  box  or  barrel  or  any  receptacle,  vessel  or 
container  of  whatsoever  material  or  nature  which  may  be  used  by  a  manufacturer, 
producer,  jobber,  packer  or  dealer,  for  inclosing  any  article  of  food. 

Possession  of  adulterated  food. 

§  8.  The  possession  of  any  adulterated,  mislabeled  or  misbranded  article  of  food  or 
liquor  by  any  manufacturer,  producer,  jobber,  packer,  or  dealer  in  food,  or  broker, 
commission  merchant,  agent,  employee  or  servant  of  any  such  manufacturer,  producer, 
jobber,  packer,  or  dealer,  shall  be  prima  facie  evidence  of  the  violation  of  this  act. 

State  laboratory  established.    Director  of  laboratory.     Salary.     Clerical  assistants. 

$  9.  For  the  purpose  of  this  act  there  is  hereby  established  a  state  laboratory  for 
the  analysis  and  examination  of  foods  and  drugs,  which  shall  be  under  the  supervision 
of  the  state  board  of  health,  which  laboratory  shall  be  located  at  such  place  as  the 
state  board  of  health  may  select.  The  state  board  of  health  shall  appoint  a  director 
of  said  laboratory,  consulting  nutrition  expert,  and  an  assistant  to  such  director,  all 
of  whom  shall  be  skilled  pharmaceutical  chemists  and  analysts  of  foods  and  drugs. 
Said  director  shall  perform  all  duties  required  by  this  act  and  which  shall  be  required 
by  the  state  board  of  health.  Said  consulting  nutrition  expert  shall  at  all  times  be 
ready  for  consultation  with,  give  advice  to,  and  perform  duties  in  connection  with  the 


0  ADVLTERATIOiV.  Act  26,  §§  10^13 

director  of  said  laboratory,  and  shall  at  all  times  be  under  the  supervision  of  and  per- 
form such  duties  under  this  act  as  are  required  by  the  state  board  of  health.  As  a 
part  of  his  duties  he  shall  consult  and  advise  with  the  state  board  of  control  concern- 
ing standards  of  purity  and  other  matters  relating  to  foods  and  drugs  purchased  by 
the  state  of  California  for  any  or  all  of  its  institutions.  The  assistant  shall  be  under 
the  supervision  of  the  director  and  shall  perform  all  duties  required  of  him  by  the 
director  and  by  the  state  board  of  health. 

The  director  shall  receive  an  annual  salary  of  three  thousand  six  hundred  dollars, 
the  consulting  nutrition  expert  shall  receive  an  annual  salary  of  one  thousand  two  hun- 
dred dollars  and  the  assistant  to  the  director  shall  receive  an  annual  salary  of  one 
thousand  eight  hundred  dollars.  All  such  salaries  shall  be  paid  in  the  same  manner 
and  at  the  same  time  as  the  salaries  of  state  officers. 

The  state  board  of  health,  out  of  the  appropriation  hereinafter  provided,  and  out  of 
the  funds  derived  from  the  operation  of  this  act,  may  employ  and  fix  the  compensation 
of  other  and  additional  clerical  and  professional  assistants.  [Amendment  of  June  1, 
1917.    In  effect  July  31,  1917.    Stats.  1917,  p.  1641.] 

This  section  was  also  amended  April  23,  1915,  Stats.   1915,  p.  171. 

Suspected  food  to  be  analyzed.  Duty  of  sheriffs.  Powers  of  inspectors. 

^  10.  The  state  board  of  health  or  its  secretary,  shall  cause  to  be  made  by  the  said 
director  of  the  state  laboratory,  or  under  his  supervision,  examinations  and  analyses 
of  food  and  liquor  on  sale  in  California,  suspected  of  being  adulterated,  mislabeled  or 
misbranded  at  such  times  and  places  and  to  such  extent  as  said  board  or  its  secretary 
may  determine,  and  may  appoint  such  agent  or  agents,  as  it  may  deem  necessary,  and 
the  sheriffs  of  the  respective  counties  of  the  state  are  hereby  appointed  and  consti- 
tuted agents  for  the  enforcement  of  this  act,  and  any  agent  or  sheriff  shall  have  free 
access,  at  all  reasonable  hours,  for  the  purpose  of  examining  auy  place  where  it  is 
suspected  that  any  article  of  adulterated,  mislabeled  or  misbranded  foods  exist,  and 
such  agent  or  sheriff  upon  tendering  the  market  price  of  said  articles,  if  a  sale  be 
refused,  may  take,  from  any  person,  firm  or  corporation  samples  of  any  articles  sus- 
pected of  being  adulterated,  mislabeled  or  misbranded,  and  shall  deliver  or  forward 
such  samples  to  the  said  director  of  the  state  laboratory  for  examination  and  analysis. 
The  director  of  the  state  laboratory,  the  agents  and  inspectors  of  the  state  board  of 
health  shall  have  the  same  powers  as  are  possessed  by  peace  officers  in  this  state. 
[Amendment  of  June  1,  1917.    In  effect  July  31, 1917.    Stats.  1917,  p.  1642.] 

Evidence  to  be  reported  to  district  attorney. 

§  11.  It  shall  be  the  duty  of  the  state  board  of  health  whenever  it  has  satisfactory 
evidence  of  the  violation  of  any  of  the  provisions  of  this  act  respecting  the  adulteration 
or  misbranding  of  foods  to  report  such  facts  to  the  district  attorney  of  the  county 
where  the  law  is  violated,  after  the  hearing  provided  in  section  sixteen  of  this  act. 

Unlawful  to  conceal  food. 

$  12.  It  shall  be  a  misdemeanor  for  any  person  to  refuse  to  sell  to  any  sheriff  or 
other  agent  of  the  state  board  of  health,  any  sample  of  food  or  liquor  upon  tender  of 
the  market  price  therefor,  or  to  conceal  any  such  food  from  such  officer,  or  to  withhold 
from  him  information  where  such  food  is  kept  or  stored.  Any  such  person  so  refusing 
to  sell,  or  concealing  such  food,  or  withholding  such  information  from  said  officer  shall, 
upon  conviction,  be  punished  as  provided  in  section  nineteen  of  the  Penal  Code  of  the 
state  of  California. 

Report  to  state  board  of  health. 

§  13.  Whenever  said  director  shall  find  from  his  examination  and  analysis  that 
adulterated,  mislabeled  or  misbranded  food  has  been  on  sale  in  this  state,  he  shall 
forthwith  report  to  the  secretary  of  the  state  board  of  health. 


Aft  20,  §§  14-18  GENERAL,  LAWS.  10 

Certificate  of  director. 

§  14,  Every  certificate  signed  by  the  said  director  of  the  state  laboratory  shall  be 
prima  facie  evidence  of  the  facts  therein  stated. 

Annual  report  of  director  of  state  laboratory. 

§  15.  The  said  director  of  the  state  laboratory  shall  make  an  annual  report  to  the 
state  board  of  health,  on  or  before  August  first  of  each  year,  upon  adulterated  or  mis- 
branded  foods  and  liquors,  in  which  report  shall  be  included  the  list  of  cases  examined 
by  him  in  which  adulterants  were  found,  and  the  list  of  articles  found  mislabeled  or 
misbranded,  and  the  names  of  the  manufacturers,  producers,  jobbers  and  sellers.  Said 
report,  or  any  part  thereof,  may,  in  the  discretion  of  the  state  board  of  health,  be 
included  in  the  report  which  the  state  board  of  health  is  already  authorized  bj^  law  to 
make  to  the  governor.  The  state  board  of  health  may,  in  its  discretion  publish  any 
part  of  said  report  in  any  issue  of  its  monthly  bulletin. 

Hearings  for  violation  of  act.  Conduct  of  hearings, 

$  16.  When  an  examination  or  analysis  of  the  directors  of  the  state  laboratory 
shows  that  any  provisions  of  this  act  have  been  violated,  notice  of  that  fact,  together 
with  a  copy  of  the  certificate  of  the  findings,  shall  be  furnished  to  the  party  or  parties 
from  whom  the  sample  was  obtained,  or  who  executed  the  guarantee,  as  provided  in 
this  act,  and  a  day  shall  be  fixed  by  the  secretary  of  the  state  board  of  health,  at 
which  said  parties  may  be  heard  before  the  state  board  of  health,  or  before  any  two 
members  thereof  and  the  secretary.  The  hearing  shall  be  held  at  such  place  as  the  state 
board  of  health  or  its  secretary  may  designate,  and  at  least  fifteen  days  notice  thereof 
shall  be  served  upon  the  party  complained  of.  These  hearings  shall  be  private  and 
confined  to  questions  of  fact.  Parties  interested  therein  may  appear  in  person  or  by 
attorney  and  may  propound  interrogatories  and  submit  oral  or  written  evidence  to 
show  any  fault  or  error  in  the  findings  made  by  the  director  of  the  state  laboratory. 
If  the  examination  or  analysis  be  found  correct,  or  if  the  party  or  parties  fail  to 
appear  at  such  hearing,  after  notice  duly  given  as  provided  herein,  the  secretary  of 
the  state  board  of  health  shall  forthwith  transmit  a  certificate  of  the  facts  so  found 
to  the  district  attorney  of  the  county  in  which  said  adulterated,  mislabeled  or  mis- 
branded  food  was  found.  No  publication  as  in  this  act  provided  shall  be  made  until 
after  said  hearing  is  concluded.  [Amendment  of  April  30,  1919.  In  effect  July  22, 
1919,    Stats.  1919,  p.  241.] 

Sheriff  to  purchase  samples  of  alleged  adulterated  food. 

§  17.  It  is  hereby  made  the  duty  of  the  sheriff  of  any  county  of  this  state,  on  pres- 
entation to  him  of  a  verified  complaint  of  the  violation  of  any  provisions  of  this  act,  at 
once  to  obtain  by  purchase  a  sample  of  the  adulterated,  mislabeled  or  misbranded  food 
complained  of,  and  divide  said  article  into  three  parts,  and  each  part  shall  be  sealed  by 
the  sheriff  with  a  seal  provided  for  that  purpose.  If  the  package  be  less  than  four 
pounds  or  in  volume  less  than  two  quarts,  three  packages  of  ai^proximately  the  same 
size  shall  be  purchased  and  the  marks  and  tags  upon  each  package  noted  as  above. 
One  sample  shall  be  delivered  to  the  party  from  whom  procured,  or  to  the  party  guar- 
anteeing such  merchandise,  one  sample  shall  be  sent  to  the  director  of  the  state  labora- 
tory and  the  third  sample  shall  be  sent  to  and  held  under  seal  by  the  state  board  of 
health. 

Fees  of  sheriff. 

§  18.  For  his  services  hereunder  the  said  sheriff  shall  be  allowed  the  same  fees  for 
travel  allowed  by  law  to  sheriffs  on  service  of  criminal  process,  together  with  such 
compensation  as  by  the  board  of  supervisors  of  his  county  may  be  deemed  reasonable, 
and  all  amounts  expended  by  him  in  procuring  and  transmitting  the  said   samples. 


11  ADULTERATION.  Act  26,  §g  19-23 

which  fees  and  amount  expended  shall  be  audited  and  allowed  by  the  said  supervisors 
and  paid  by  his  said  county  as  other  bills  of  said  sheriff. 

Duty  of  district  attorney. 

^  19.  It  shall  be  the  duty  of  the  district  attorney  of  each  county  to  prosecute  all 
violations  of  the  provisions  of  this  act  occurring  within  his  county. 

Penalty.    Adulterated  food  seized.    Adulterated  food  destroyed. 

§  20.  Any  person,  firm,  company  or  corporation  violating  any  of  the  provisions  of 
this  act  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  shall  be  punished  by 
a  fine  of  not  less  than  five  dollars  nor  more  than  five  hundred  dollars,  or  shall  be 
imprisoned  in  the  county  jail  for  a  term  not  exceeding  six  months,  or  by  both  such  fine 
and  imprisonment.  Whenever  the  director  of  the  state  laboratory  shall  find  after 
investigation  and  examination  that  any  article  of  food  found  in  the  possession  of  any 
person,  firm,  company  or  corporation  is  adulterated,  misbranded  or  mislabeled  within 
the  meaning  of  this  act,  he  may  seize  such  article  of  food  and  tag  the  same  "quaran- 
tined," and  said  article  of  food  shall  not  thereafter  be  sold,  offered  for  sale,  removed 
or  otherwise  disposed  of  pending  hearing  and  final  disposition  as  in  this  act  provided. 

Whenever  the  director  of  the  state  laboratory  or  any  agent  or  inspector  of  the  state 
board  of  health  shall  find  any  article  of  food  adulterated  within  the  meaning  of  the 
sixth  subdivision  of  section  four  of  this  act,  he  may  seize  such  article  of  food  and  tag 
the  same  "quarantined"  and  said  article  of  food  shall  not  thereafter  be  sold,  offered 
for  sale,  removed  or  otherwise  disposed  of  until  further  notice  in  writing  from  said 
director  of  the  state  laboratory.  Food  found  to  be  adulterated,  mislabeled,  or  mis- 
branded  within  the  meaning  of  this  act  may,  by  order  of  any  court  or  judge,  be  seized 
and  destroyed.  [Amendment  of  June  1,  1917.  In  effect  July  31,  1917.  Stats.  1917, 
p.  1642.] 

This  section  was  also  amended  April  26,  1911,  Stats.  1911,  p.  1114. 

Disposition  of  fines. 

§  21.  One  half  of  all  fines  collected  by  any  court  or  judge,  for  the  violations  of  the 
provisions  of  this  act  shall  be  paid  to  the  state  treasurer  and  the  state  treasurer  shall 
deposit  such  money  to  the  credit  of  the  fund  for  the  maintenance  of  the  state  labora- 
tory, to  be  drawn  against  by  warrants  of  the  state  controller  upon  claims  which  shall 
be  approved  by  the  state  board  of  health  and  by  the  state  board  of  examiners. 

Dealer  may  establish  guaranty.    General  guaranty.    Special  guaranty.    When  whole- 
salers are  without  state. 

§  22.  No  dealer  shall  be  prosecuted  under  the  provisions  of  this  act  when  he  can 
establish  a  guaranty  signed  by  the  wholesaler,  jobber,  manufacturer  or  other  party 
residing  in  the  United  States  from  whom  he  purchased  such  article,  to  the  effect  that 
the  same  is  not  adulterated,  mislabeled  or  misbranded  within  the  meaning  of  this  act, 
and  can  also  establish  by  satisfactory  evidence  that  the  article  sold  by  him  was  mis- 
labeled and  that  at  the  time  of  making  such  sale  he  was  not  aware  of  that  fact;  such 
guaranty  may  be  either  general  or  special.  A  general  guaranty  shall  guarantee  with- 
out condition  or  restriction  all  of  the  products  or  articles  produced,  prepared,  com- 
pounded, packed,  distributed,  or  sold  by  the  guarantor  as  not  adulterated  within  the 
meaning  of  this  act.  A  special  guaranty  shall  guarantee  in  the  same  manner  the  par- 
ticular articles  listed  in  an  invoice  of  the  same,  and  shall  be  attached  to  or  shall  fully 
identify  sucli  invoice.  Both  said  guaranties  to  afford  protection  must  contain  the 
name  and  address  of  the  party  or  parties  making  the  sales  of  such  article  to  said 
dealer.  If  the  guaranty  be  to  the  effect  that  such  article  is  not  adulterated,  mislabeled 
or  misbranded  within  the  meaning  of  the  national  pure  food  act,  approved  .Tune  30, 
190G,  it  shall  be  sufficient  for  the  purposes  of  this  act  and  have  the  same  force  and 


Act  27  GENERAL  LAWS,  13 

effect  as  though  it  referred  to  this  act,  except  that  a  guaranty  referring  to  the  said 
national  pure  food  act  alone  shall  not  be  sufficient  for  the  purposes  of  this  act  in  any 
case  where  at  any  time  the  standard  for  the  article  concerned  under  this  act  is  higher 
than  the  standard  for  a  like  article  under  said  national  pure  food  act.  In  case  the 
wholesaler,  jobber,  manufacturer  or  other  party  making  such  guaranty  to  said  dealer 
resides  without  this  state  and  it  appears  from  the  certificate  of  the  director  of  the 
state  laboratory  that  such  article  or  articles  were  adulterated,  mislabeled  or  misbranded, 
within  the  meaning  of  this  act  or  the  national  pure  food  act  approved  June  30,  1906, 
the  district  attorney  must  forthwith  notify  the  attorney  general  of  the  United  States 
of  such  violation.  [Amendment  of  April  23, 1915.  In  effect — See  $  3  of  amending  act. 
Stats.  1915,  p.  171.] 

This  section  was  also  amended  April  26,  1911,  Stats.  1911,  p.  1114. 

Appropriation. 

§  23.  The  sum  of  twenty  thousand  dollars  ($20,000.00)  is  hereby  appropriated  out 
of  any  money  in  the  state  treasury  not  otherwise  appropriated  for  the  purchase 
of  equipment,  apparatus,  chemicals  and  supplies  of  said  laboratory  and  of  the  office 
expenses,  in  connection  with  the  same  and  for  the  compensation  of  additional  assistants 
and  other  necessary  help.  The  state  controller  is  hereby  authorized  to  draw  his  war- 
rants for  the  sums  herein  appropriated  in  favor  of  the  secretary  of  the  state  board  of 
health  and  the  state  treasurer  is  hereby  directed  to  pay  the  same. 

Act  prohibits  manufacture  after  what  date. 

§  24,  No  article  of  food  as  herein  defined  shall  be  manufactured  or  produced  in 
violation  of  this  act  from  and  after  the  first  day  of  July,  nineteen  hundred  and  seven. 

Repeal  of  conflicting  acts. 

$  25.  All  acts  and  parts  of  acts  in  conflict  or  inconsistent  with  this  act  are  hereby 
repealed. 

Act  takes  effect  when. 

$  26.  This  act  shall  be  in  force  and  effect  from  and  after  the  first  day  of  January, 
nineteen  hundred  and  eight. 

The  amending  act  of  1915  contained  the  following  section: 

Provisions  in  effect,  when. 

$  3.  The  provisions  of  section  two  of  this  act  shall  be  in  force  and  effect  from  and 
after  May  1,  1916;  provided,  that  as  to  products  packed  and  labeled  prior  to  May  1, 
1916,  in  accordance  with  said  national  pure  food  act,  and  with  the  regulations  there- 
under in  force  prior  to  May  5,  1914,  the  provisions  of  section  two  of  this  act  shall  be 
in  force  and  effect  from  and  after  November  1,  1916. 

For    comparison,    see    Kerr's    Cyc.    Penal  other  products,  and  other  crimes  relating  to 

Code,  §  382.  the    preservation    of    the    public    health    and 

Adulteration  of  dairy  products. — See,  post,  safety. — See  Kerr's   Cyc.    Penal   Code,   §§  382, 

Act  36.  et  seq. 

Adulteration  of  particular  foods  and  other  State  board  of  health,  duties  of,  as  to  pre- 

products. — See  particular  title.  vention    and    detection    of    adulteration     of 

Manufacture,    sale    and    transportation    of  food    and    other    products. — See   Kerr's    Cyc. 

adulterated   drugs. — See,   post,   Act   27.  Political  Code,  §  2979. 

Punishment    of   adulteration    of   food    and 

DRUG  ACT. 
ACT  27 — An  act  for  the  prevention  of  the  manufacture,  sale  or  transportation  of 
adulterated,  mislabeled  or  misbranded  drugs,  regulating  the  traffic  in  drugs  and 
providing  penalties  for  violation  thereof. 

History:      Approved   March   11,   1907,   Stats.   1907.   p.   230.      Amended 
June  13,  1913,  Stats.  1913,  p.  767;   April  23,  1915,  Stats.  1915,  p.   172. 


13  ADULTERATION.  Act  27,  g§  1-S 

Sale  of  adulterated  drugs  prohibited.    Goods  intended  for  export. 

$  1.  The  manufacture,  production,  preparation,  compounding,  packing,  selling,  offer- 
ing for  sale  or  keeping  for  sale  within  the  state  of  California,  or  the  introduction  into 
this  state  from  any  other  state,  territory,  or  the  District  of  Columbia,  or  from  any  for- 
eign country,  of  any  drug  which  is  adulterated,  mislabeled  or  misbranded  within  the 
meaning  of  this  act  is  hereby  prohibited.  Any  person,  firm,  company,  or  corporation 
who  shall  import  or  receive  from  any  other  state  or  territory  or  the  District  of  Colum- 
bia or  from  any  foreign  country,  or  who  having  so  received  shall  deliver  for  pay  or 
otherwise,  or  offer  to  deliver  to  any  other  person,  any  drug  adulterated,  mislabeled  or 
misbranded  within  the  meaning  of  this  act,  or  any  person  who  shall  manufacture 
or  produce,  prepare  or  compound,  or  pack  or  sell,  or  offer  for  sale,  or  keep  for  sale,  in 
the  state  of  California,  any  such  adulterated,  mislabeled,  or  misbranded  drug,  shall  be 
guilty  of  a  misdemeanor;  provided,  that  no  article  shall  be  deemed  misbranded,  mis- 
labeled or  adulterated  within  the  provisions  of  this  act  when  intended  for  export  to 
any  foreign  country  and  prepared  or  packed  according  to  the  specifications  or  direc- 
tions of  the  foreign  purchaser  when  no  substance  is  used  in  the  preparation  or  packing 
thereof  in  conflict  with  the  laws  of  the  foreign  country  to  which  said  article  is  intended 
to  be  shipped;  but  if  said  article  shall  be  in  fact  sold  or  offered  for  sale  for  domestic 
use  or  consumption,  then  this  proviso  shall  not  exempt  said  article  from  the  operation 
of  any  of  the  other  provisions  of  this  act. 

Definition  of  term  "drug." 

§  2.  That  the  term  "drug"  as  used  in  this  act,  shall  include  all  medicines  and  prep- 
arations recognized  in  the  United  States  Pharmacopoeia  or  National  Formulary  for 
internal  or  external  use,  and  any  substance  or  mixture  of  substances  intended  to  be 
used  for  the  cure,  mitigation,  or  prevention  of  disease  of  either  man  or  other  animals. 

Standard  of  purity. 

§  3.  The  standard  of  purity  of  drugs  shall  be  the  United  States  Pharmacopoeia  and 
National  Formulary,  and  the  regulations  and  definitions  adopted  for  the  enforcement  of 
the  food  and  drugs  act  of  June  30,  1906,  shaU  be  adopted  by  the  state  board  of  health 
for  the  enforcement  of  this  act. 

What  constitutes  adulteration. 

$  4.  Drugs  shall  be  deemed  adulterated  within  the  meaning  of  this  act  in  any  of 
the  following  cases : 

First.  If,  when  a  drug  is  sold  under  or  by  a  name  recognized  in  the  United  States 
Pharmacopoeia  or  National  Formulary,  it  differs  from  the  standard  of  strength,  quality 
or  purity,  as  determined  by  the  test  laid  down  in  the  United  States  Pharmacopoeia  or 
National  Formulary  official  at  the  time  of  investigation;  provided,  that  no  drug  defined 
in  the  United  States  Pharmacopoeia  or  National  Formulary  shall  be  deemed  to  be 
adulterated  under  this  provision  if  the  standard  of  strength,  quality,  or  purity  be 
plainly  stated  upon  the  package  thereof  although  the  standard  may  differ  from  that 
determined  by  the  test  laid  down  in  the  United  States  Pharmacopoeia  or  National 
Formulary. 

Second.  If  the  strength  or  purity  fall  below  the  professed  standard  or  quality  under 
which  it  is  sold. 

Definition  of  term  "misbranded." 

$5.  That  the  term  "misbranded"  as  used  herein  shall  apply  to  all  drugs,  the 
package  or  label  of  which  shall  bear  any  statement,  design,  or  device,  regarding  such 
article  or  the  ing^-edients  or  substances  contained  therein  which  shall  be  false  or  mis- 
leading in  any  particular,  and  to  any  drug  which  is  falseij   branded  or  labeled  as  to 


Act  27,  §§  6-10  GENERAL  L4'WS.  14 

the  county,  city  and  county,  city,  town,  state,  territory,  District  of  Columbia  or  foreign 
country  in  which  it  is  manufactured  or  produced. 

Drugs  deemed  mislabeled. 

^  6.  Drugs  shall  be  deemed  mislabeled  or  misbranded  under  the  meaning  of  this  act 
in  either  of  the  following  cases: 

Imitations. 

First — If  it  be  an  imitation  of  or  offered  for  sale  under  the  name  of  another  article. 
Original  contents  displaced. 

Second — If  the  contents  of  the  package  as  originally  put  up  shall  have  been  removed, 
in  whole  or  in  part,  and  other  contents  shall  have  been  placed  in  such  package,  or  if 
the  package  as  offered  for  sale  at  retail  or  wholesale,  fail  to  bear  a  statement  on  the 
label  of  the  per  cent  of  volume  of  alcohol,  or  the  quantity  of  any  morphine,  opium, 
cocaine,  heroin,  alpha  or  beta  eucaine,  chloroform,  cannabis  indica,  chloral  hydrate, 
acetanilide,  or  any  derivative  or  preparation  of  any  such  substances  contained  therein, 
except  when  prescribed  by  a  licensed  physician,  licensed  dentist,  or  licensed  veter- 
inary surgeon. 

False  statements. 

Third — If  its  package  or  label  shall  bear  or  contain  any  statement,  design,  or  device 
regarding  the  curative  or  therapeutic  effert  of  such  article,  or  any  of  the  ingredients 
or  substances  contained  therein,  which  is  false  and  fraudulent.  [Amendment  approved 
June  13, 1913;  Stats.  1913,  p.  767.] 

Definition  of  term  "package." 

$  7,  The  term  "package"  as  used  in  this  act  shall  be  construed  to  include  any  phial, 
bottle,  jar,  demijohn,  carton,  bag,  case,  can,  box  or  barrel  or  any  receptacle,  vessel  or 
container  of  whatsoever  material  or  nature  Avhieh  may  be  used  by  a  manufacturer, 
producer,  jobber,  packer  or  dealer,  for  inclosing  any  drug. 

Evidence  of  violation  of  act. 

§  8.  The  sale  or  offering  for  sale  of  any  adulterated,  mislabeled  or  misbranded  drug 
by  any  manufacturer,  producer,  jobber,  packer  or  dealer  in  drugs,  or  broker,  commis- 
sion merchant,  agent,  employee  or  servant  of  any  such  manufacturer,  producer,  jobber, 
packer  or  dealer,  shall  be  prima  facie  evidence  of  the  violation  of  this  act. 

State  laboratory  to  analyze  suspected  drugs.    Right  of  sheriff  to  purchase  or  seize. 

$  9.  Whenever  required  by  the  state  board  of  health  or  its  secretary,  examinations 
and  analyses  of  drugs  on  sale  in  California  suspected  of  being  adulterated,  mislabeled 
or  misbranded,  shall  be  made  by  the  director  of  the  state  laboratory  for  the  examina- 
tion and  analysis  of  foods  and  drugs.  Said  state  board  of  health  or  the  secretary  may 
appoint  such  agent  or  agents  as  it  may  deem  necessary  for  the  enforcement  of  this  act, 
and  the  sheriffs  of  the  respective  counties  of  the  state  are  hereby  appointed  and  consti- 
tuted such  agents.  Any  agent  or  sheriff  shall  have  the  right  to  purchase  at  the  place 
of  business  of  any  manufacturer  or  dealer,  any  drug  suspected  of  being  adulterated, 
mislabeled  or  misbranded  within  the  meaning  of  this  act,  tendering  the  market  price 
of  said  articles,  if  a  sale  be  refused,  he  may  take  from  any  person,  firm  or  corporation 
samples  of  any  articles  suspected  of  being  adulterated,  mislabeled  and  misbranded, 
and  shall  deliver  or  forward  such  samples  to  the  said  director  of  the  state  laboratory 
for  examination  and  analysis. 

Report  to  district  attorney. 

§  10.  It  shall  be  the  duty  of  the  state  board  of  health  whenever  it  has  satisfactory 
evidence  of  the  viola^^^ion  of  any  of  the  provisions  of  this  act  respecting  the  adultera- 


15  ADULTERATION.  Act  27,  §§  11-15 

tion,  mislabeling  or  misbranding  of  drugs,  to  report  such  facts  to  the  district  attorney 
of  the  county  where  the  law  is  violated. 

Unlawfiil  to  refuse  to  sell  to  sheriff. 

$  11.  It  shall  be  a  misdemeanor  for  any  person  to  refuse  to  sell  to  any  sheriff  or 
other  agent  of  the  state  board  of  health,  any  sample  of  drug  upon  tender  of  the  market 
price  therefor,  or  to  conceal  any  such  drug  from  such  officer,  or  to  withhold  from  him 
information  where  such  drug  is  kept  or  stored.  Any  such  person  so  refusing  to  sell., 
or  concealing  such  drug,  or  withholding  such  information  from  said  ofReer,  shall  upon 
conviction,  be  punished  as  provided  in  section  nineteen  of  the  Penal  Code  of  the  state 
of  California. 

When  analysis  shows  adulteration,  report. 

5  12.  Whenever  said  director  shall  find  from  his  examination  and  analysis  that 
adulterated,  mislabeled  or  misbranded  drugs  have  been  on  sale  in  this  state,  he  shall 
forthwith  report  to  the  secretary  of  the  state  board  of  health,  and  shall  promptly 
transmit  a  certificate  of  the  facts  so  found  to  the  district  attorney  of  the  county  in 
which  said  adulterated,  mislabeled  or  misbranded  drug  was  found. 

Evidence  of  facts. 

^  13.  Every  certificate  signed  by  the  said  director  of  the  state  laboratory  shall  be 
prima  facie  evidence  of  the  facts  therein  stated. 

Annual  report  of  director  of  state  laboratory. 

$  14.  The  said  director  of  the  state  laboratory  shall  make  an  annual  report  to  the 
state  board  of  health,  on  or  before  August  first  of  each  year,  upon  adulterated,  mis- 
labeled or  misbranded  drugs,  in  which  report  shall  be  included  the  list  of  cases  exam- 
ined by  him  in  which  adulterants  were  found,  and  the  list  of  articles  found  mislabeled 
or  misbranded,  and  the  names  of  the  manufacturers,  producers,  jobbers  and  sellers. 
Said  report,  or  any  part  thereof,  may,  in  the  disci'etion  of  the  state  board  of  health,  be 
included  in  the  report  which  the  state  board  of  health  is  already  authorized  by  law  to 
make  to  the  governor.  The  state  board  of  health  may,  in  its  discretion  publish  any 
part  of  said  report  in  any  issue  of  its  monthly  bulletin. 

Notice  of  violation  furnished  guarantor.     Hearing.     Certificate  of  facts  to  district 

attorney. 

§  15.  When  the  examination  or  analysis  of  the  director  of  the  state  laboratory  shows 
that  any  of  the  provisions  of  this  act  have  been  violated,  notice  of  that  fact  together 
with  a  copy  of  the  certificate  of  the  findings,  shall  be  furnished  to  the  party  or  parties 
from  whom  the  sample  was  obtained  or  who  executed  the  guaranty  as  provided  in  this 
act,  and  a  date  shall  be  fixed  by  the  secretary  of  the  board  of  health  at  which  time 
said  party  or  parties  may  be  heard  before  the  state  board  of  health  or  any  two  mem- 
bers thereof,  and  the  secretary.  The  hearing  shall  be  held  at  such  times  and  places  as 
may  be  designated  by  the  state  board  of  health  and  at  least  fifteen  days'  notice  thereof 
shall  be  first  served  upon  the  party  complained  of.  These  hearings  shall  be  private  and 
confined  to  questions  of  fact.  The  parties  interested  therein  may  appear  in  person  or 
by  attorneys  and  may  propound  the  interrogatories  and  submit  oral  or  written  evidence 
to  show  any  fault  or  error  in  the  findings  made  by  the  director  of  the  state  laboratory. 
If  the  examination  or  analysis  be  found  correct,  or  if  the  party  or  parties  fail  to 
appear  at  such  hearing,  after  notice  duly  served  as  provided  herein,  the  secretary  of 
the  state  board  of  health  shall  forthwith  transmit  a  certificate  of  the  facts  so  found 
to  the  district  attorney  of  the  county  in  which  said  adulerated,  mislabeled  or  mis- 
branded drug  was  found.  No  publication  thereof  shall  be  made  until  after  said  hearing 
is  concluded.     [Amendment  approved  June  13,  1913;  Stats.  1913,  p.  767.] 


Act  27,  §§  16-21  GBNE^RAIi  LAWS.  M 

Duty  of  sheriff. 

$  16.  It  is  hereby  made  the  duty  of  the  sheriff  of  any  county  of  this  state,  on  pres- 
entation to  him  of  a  verified  complaint  of  the  violation  of  any  provisions  of  this  act, 
at  once  to  obtain  by  purchase  a  sample  of  the  adulterated,  mislabeled  or  misbranded 
drug  complained  of  and  divide  said  article  into  three  parts,  and  each  part  shall  be 
sealed  by  the  sheriff  with  a  seal  provided  for  that  purpose.  If  the  package  be  less 
than  four  pounds,  or  in  volume  less  than  two  quarts,  three  packages  of  approximately 
the  same  size  shall  be  purchased  and  the  marks  and  tags  upon  each  package  noted  as 
above.  One  sample  shall  be  delivered  to  the  party  from  whom  procured,  or  to  the 
party  guaranteeing  said  drug.  One  sample  shall  be  sent  to  the  director  of  the  state 
laboratory,  and  the  third  sample  shall  be  sent  to  and  held  under  seal  by  the  state 
board  of  health. 

Fees  of  sheriff. 

$  17.  For  his  services  hereunder  the  said  sheriff  shall  be  allowed  the  same  fees  for 
travel  allowed  by  law  to  sheriffs  on  service  of  criminal  process,  together  with  such 
compensation  as  by  the  board  of  supervisors  of  his  county  may  be  deemed  reasonable, 
and  all  accounts  expended  by  him  in  procuring  and  transmitting  the  said  samples, 
which  fees  and  amount  expended  shall  be  audited  and  allowed  by  the  said  supervisors 
and  paid  by  his  said,  county  as  other  bills  of  said  sheriff. 

Duty  of  district  attorney. 

$  18.  It  shall  be  the  duty  of  the  district  attorney  of  each  county  to  prosecute  all 
violations  of  the  provisions  of  this  act  occurring  within  his  county. 

Penalty  for  violation  of  act. 

$  19.  Any  person,  firm,  company  or  corporation  violating  any  of  the  provisions  of 
this  act,  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  shall  be  punished  by 
a  fine  of  not  less  than  twenty-five  dollars,  nor  more  than  five  hundred  dollars,  or  shall 
be  imprisoned  in  the  county  jail  for  a  term  not  exceeding  six  months,  or  by  both  such 
fine  and  imprisonment.  Drugs  found  to  be  adulterated  or  misbranded  within  the 
meaning  of  this  act  may,  by  order  of  any  court  or  judge,  be  seized  and  destroyed. 

Disposition  of  fines. 

$  20.  One  half  of  all  fines  collected  bj'  any  court  or  judge  for  the  violations  of  the 
provisions  of  this  act  shall  be  paid  to  the  state  treasurer  and  the  state  treasurer  shall 
deposit  such  money  to  the  credit  of  the  fund  for  the  maintenance  of  the  state  labora- 
tory, to  be  drawn  against  by  warrants  of  the  state  controller  upon  claims  which  shall 
be  approved  by  the  state  board  of  examiners. 

Dealer  may  establish  guaranty  regarding  mislabeled  drugs.    General  guaranty.    Special 

guaranty.  "When  wholesalers  are  without  state. 

§  21.  No  dealer  shall  be  prosecuted  under  the  provisions  of  this  act  when  he  can 
establish  a  guaranty  signed  by  the  wholesaler,  jobber,  manufacturer  or  other  party 
residing  in  the  United  States  from  whom  he  purchased  such  article,  to  the  effect  that 
the  same  is  not  adulterated  or  misbranded  within  the  meaning  of  this  act.  Such  guar- 
anty may  be  either  general  or  special.  A  general  guaranty  shall  guarantee  without 
condition  or  restriction  all  of  the  products  or  articles  produced,  prepared,  compounded, 
packed,  distributed,  or  sold  by  the  guarantor  as  not  adulterated  within  the  meaning 
of  this  act.  A  special  guaranty  shall  guarantee  in  the  same  manner  the  particular 
articles  listed  in  an  invoice  of  the  same,  and  shall  be  attached  to  or  shall  fully  identify 
such  invoice.  Both  said  guaranties  to  afford  protection  must  contain  the  name  and 
address  of  the  party  or  parties  making  the  sales  of  such  article  to  said  dealer.  If  the 
guaranty  be  to  the  effect  that  such  article  is  not  adulterated  or  misbranded  within 


IT  .  ADULTERATION.  Act  29,  §§1,2 

the  meaning  of  the  national  pure  food  act,  approved  June  30,  1906,  it  shall  be  sufficient 
for  all  the  purposes  of  this  act,  and  have  the  same  force  and  effect  as  though  it 
referred  to  this  act,  except  that  a  guaranty  referring  to  the  said  national  pure 
food  act  alone  shall  not  be  sufficient  for  the  purpose  of  this  act  in  any  case  where 
at  any  time  the  standard  for  the  article  concerned  under  this  act  is  higher  than  the 
standard  for  a  like  article  under  said  national  pure  food  act.  In  case  the  wholesaler, 
jobber,  manufacturer  or  other  party  making  such  guaranty  to  said  dealer  resides  with- 
out this  state  and  it  appears  from  the  certificate  of  the  director  of  the  state  laboratory 
that  such  article  or  articles  were  adulterated  or  misbranded,  within  the  meaning  of  this 
act  or  the  national  pure  food  act  approved  June  30,  1906,  the  district  attorney  must 
forthwith  notify  the  attorney  general  of  the  United  States  of  such  violation.  [Amend- 
ment of  April  23, 1915.    In  effect — See  $  2,  amending  act.    Stats.  1915,  p.  173.] 

Act  takes  effect  when. 

§  22.  This  act  shall  be  in  force  and  effect  from  and  after  the  first  day  of  January, 
nineteen  hundred  and  eight. 

The  amending  act  of  1915  contained  the  following  section: 
Provisions  in  effect,  when. 

$  2.  This  act  shall  be  in  force  and  effect  from  and  after  May  1,  1916 ;  provided, 
that  as  to  products  packed  and  labeled  prior  to  May  1,  1916,  in  accordance  with  said 
national  pure  food  act  and  with  the  regulations  thereunder  in  force  prior  to  May  5, 
1914,  this  act  shall  be  in  force  and  effect  from  and  after  November  1,  1916. 

Adnlteration  ot  dairy  products. — See,  post.  Food  and  liquor  adulteration. — See  Act  26. 

Act  36.  Food  and  drug  adulteration. — See  Act  25. 

Analysis   to   determine  adulteration. — See,  For    comparison,    see    Kerr's    Cyc.    Penal 

post.  Act  41.  Code,   §  382. 

•  PAINTS,  OILS,  VARNISHES  AND  PIGMENTS. 

ACT  29 — An  act  to  prevent  the  adulteration  of  paints,  oils,  varnishes  and  pigments. 
History:     Approved  March  22,  1907,  Stats.  1907,  p.  852 

Adulteration  of  paints  prohibited. 

$  1.  No  person  shall  within  this  state  manufacture  for  sale,  offer  for  sale  or  sell 
any  article,  mixture,  compound  or  substance,  used  in  making  paints,  oils,  varnishes  or 
pigments,  which  is  adulterated  within  the  meaning  of  this  act. 

What  shall  be  deemed  adulterated. 

$  2,     Any  article  shall  be  deemed  adulterated  within  the  meaning  of  this  act : 

1.  In  case  of  oils,  turpentines,  alcohol  or  other  vehicles: 

(a)  If  it  contains  any  other  substance  or  substances,  ingredient  or  ingredients, 
different  from  the  article  under  the  name  of  which  it  is  offered  for  sale  or  sold; 

(b)  If  any  substance  has  been  mixed  with  it  so  as  to  lower,  depreciate  or  injuriously 
affect  the  quality,  strength  or  purity  of  the  article; 

(c)  If  any  inferior  or  cheaper  substance  or  substances  have  been  substituted  wholly 
or  in  part  for  it; 

(d)  If  it  is  an  imitation,  or  is  sold  under  the  name  of  any  other  article. 

2.  In  case  of  lead,  zinc,  ocher  or  other  metal,  mineral  or  chemical  paints,  or  any  or 
other  pigments  in  paste  form  and  labeled  pure,  used  in  the  painting  or  decorating 
industry : 

(a)  If  any  substance  which  lowers,  depreciates  or  injuriously  affects  the  quality, 
strength  or  purity  of  the  article  has  been  mixed  with  it,  or  substituted  wholly  or  in 
part  for  it; 

(b)  If  it  is  an  imitation  of  .i-^y  ot'ier  aiticla. 
Gen.  Laws — 2 


ActSG,  gl  GENERAL,  LAWS. 


18 


Misdemeanor. 

$  3.  Every  person  who  adulterates  or  dilutes  any  article  mentioned  in  this  act  and 
sells  or  offers  for  sale  the  same  so  diluted  or  adulterated,  as  undiluted  and  unadulter- 
ated, and  every  person  who  sells  or  offers  for  sale  a  different  article  without  informing 
the  purchaser  of  such  difference,  and  every  person  who  violates  any  of  the  provisions 
of  this  act  is  guilty  of  a  misdemeanor. 

Adulteration  of  dairy  prodacts. — See,  post,  For    comparison,    see    Kerr's    Cyc.    Penal 

Act  36.  Code,   §  382. 

Adulteration  of  food  and  drugs — See,  ante.  Manufacture,    sale    and    transportation    of 

Act  25.  adulterated   foods,    liquors   and   drugs. — See, 

Analysis   to   determine   adulteration. — See,  ante.  Acts  26,  27. 
post,  Act  41. 

.  DAIRY  PRODUCTS. 

ACT  36 — An  act  to  prohibit  adulteration  and  deception  in  the  sale  of  dairy  products, 
defining  adulteration  in  dairy  products,  to  establish  standards  of  quality  in.  dairy 
products  and  to  provide  for  enforcing  its  provisions. 

History:     Approved  March  15,  1907,  Stats.  1907,  p.  265.     Amended 
April  22,  1909,  Stats.  1909,  p.  1088. 

Sale  of  adulterated  milk  prohibited. 

§  1.  It  shall  be  unlawful  for  any  person  to  produce,  manufacture  or  prepare  for 
sale  or  to  sell  or  offer  for  sale,  or  have  on  hand  for  sale,  any  milk,  or  product  of  milk, 
that  is  adulterated  within  the  meaning  of  this  act.  The  word  "person"  as  used  in  this 
act  shall  be  construed  to  import  both  the  singular  and  plural,  as  the  case  demands,  and 
shall  include  individuals,  corporations,  companies,  societies  and  associations.  When 
construing  and  enforcing  the  provisions  of  this  act,  the  act,  omission  or  failure  of  any 
employee,  officer,  agent  or  other  person,  acting  for  or  employed  by  any  individual,  cor- 
poration, company,  society  or  association,  within  the  scope  of  his  employment  or  office, 
shall  in  every  case  also  be  deemed  to  be  the  act,  omission  or  failure  of  such  individual, 
corporation,  company,  society  or  association,  as  well  as  that  of  the  person.  The  pro- 
visions of  this  act  shall  be  construed  to  apply  to  hotel-keepers,  restaurant-keepers  and 
boarding-house  keepers  or  any  person  who  shall  serve  meals  and  accept  money  therefor. 
The  words  "product  of  milk"  as  used  in  this  act,  shall  not  apply  to  any  product  into 
which  milk,  or  a  product  of  milk,  may  enter  as  an  ingredient  or  component  of  a  food 
product  that  does  not  consist  of  milk,  or  milk  products  alone,  such  as  pastry,  confec- 
tionery and  ice-cream,  and  excepting  in  case  of  condensed  milk  or  evaporated  milk  or 
cream  in  which  case  the  provisions  of  this  act  shall  aj^ply,  provided,  that  this  section 
shall  not  be  construed  to  prevent  the  use  of  common  salt  (chloride  of  sodium)  in  dairy 
products.  Any  label,  printed  matter,  or  advertising  or  descriptive  matter  appearing 
upon,  or  in  connection  with  any  package,  parcel  or  quantity  of  milk  or  milk  products 
when  being  sold,  offered  for  sale,  or  having  on  hand  for  sale,  and  having  reference  to 
the  article  being  sold,  offered  for  sale,  or  on  hand  for  sale,  shall  conform  with  the 
provisions  of  this  act,  and  if  it  fails  to  conform  with  the  provisions  of  this  act,  such 
article  shall  be  deemed  adulterated  under  this  act.  It  shall  be  unlawful  for  any  person 
under  this  act,  when  selling  or  offering  for  sale,  or  having  on  hand  for  sale,  milk  or 
any  product  of  milk  to  use  the  words  "milk,"  "condensed  milk,"  "sweetened  con- 
densed milk,"  "condensed  skimmed  milk,"  "evaporated  cream,"  "cream"  or 
"butter,"  either  verbally  or  printed  or  written  on  any  label  or  printed  matter  used 
in  connection  with  the  sale,  or  offering  for  sale,  or  having  on  hand  for  sale,  of  milk 
or  any  product  of  milk,  or  upon  any  bill  of  fare  used  in  any  hotel,  restaurant  or  other 
Dlnces  where  meals  are  served  when  the  article  shall  not  conform  with  the  provisions 
ji  section  two  of  this  act. 


18  ADULTERATIOX.  Ant  36,  §§  2-4 

Definitions  and  standards. 

$  2.  Milk  and  the  products  of  milk  enumerated  in  this  section  shall  be  deemed  adul- 
terated within  the  meaning  of  this  act  if  it  or  they  shall  not  conform  with  the  follow- 
ing definitions  and  standards: 

1.  Milk  is  the  fresh,  clean,  lacteal  secretion  obtained  by  the  complete  milking  of  one 
or  more  healthy  cows,  properly  fed  and  kept,  excluding  that  obtained  within  fifteen 
(15)  days  before  and  five  (5)  days  after  calving,  and  containing  not  less  than  three 
(3.0)  per  cent  of  milk-fat,  and  not  less  than  eight  and  five-tenths  (8.5)  per  cent  of  solids 
— not  fat,  and  from  which  no  cream  or  fat  or  other  solid  component  has  been  removed. 

2.  Skim-milk  is  milk  from  which  a  part  or  all  of  the  cream  has  been  removed  and 
contains  not  less  than  nine  and  twenty-five  hundredths  (9.25)  per  cent  of  milk  solids. 

3.  Condensed  milk  or  evaporated  milk  is  whole  milk  from  which  a  considerable  por- 
tion of  water  has  been  evaporated  and  contains  not  less  than  twenty-four  and  five-tenths 
(24.5)  per  cent  of  milk  solids,  including  not  less  than  seven  and  seven-tenths  (7.7)  per 
cent  milk-fat. 

4.  Sweetened  condensed  milk  is  whole  milk  from  which  a  considerable  portion  of 
water  has  been  evaporated  and  to  which  sugar  (sucrose)  has  been  added,  and  contains 
not  less  than  twenty -four  and  five-tenths  (24.5)  per  cent  of  milk  solids,  including  not 
less  than  seven  and  seven-tenths  (7.7)  per  cent  milk-fat. 

5.  Condensed  skim-milk  is  skim-milk  from  which  a  considerable  portion  of  water  has 
been  evaporated. 

6.  Cream  is  that  portion  of  milk,  rich  in  milk-fat,  which  rises  to  the  surface  of  milk 
on  standing,  or  is  separated  from  it  by  centrifugal  force,  is  fresh  and  clean,  and  contains 
not  less  than  eighteen  (18)  per  cent  of  milk-fat. 

7.  Evaporated  cream,  clotted  cream,  is  cream  from  which  a  considerable  portion  of 
water  has  been  evaporated. 

8.  Milk-fat,  butter-fat,  is  the  fat  of  milk  and  has  a  Reichert-Meissel  number  not  less 
than  .905  (40  degrees  C.) 

9.  Butter  is  the  clean,non-rancid  product  made  by  gathering  in  any  manner  the  fat  or 
fresh  or  ripened  milk  or  cream  into  a  mass,  which  also  contains  a  small  portion  of  the 
other  milk  constituents,  with  or  without  salt,  and  contains  not  less  than  80  per  cent  of 
milk-fat.     [Amendment.  Approved  April  22,  1909;  Stats.  1909,  p.  1088.] 

Duty  of  state  dairy  bureau. 

$  3.  It  shall  be  the  duty  of  the  state  dairy  bureau,  now  existing  under  the  laws  of 
this  state,  to  enforce  the  provisions  of  this  act;  provided,  that  nothing  in  this  act  shall 
be  construed  to  prevent  any  city  or  county  board  of  health  or  other  city  or  county 
official  from  enforcing  the  provisions  of  this  act. 

Penalty  for  violation  of  act.    Fines. 

^  4.  Any  person  who  shall  violate  any  of  the  provisions  of  this  act  shall  be  guilty  of 
a  misdemeanor  and  upon  conviction  shall  be  punished  by  a  fine  of  not  less  than  twenty- 
five  ($25.00)  dollars,  nor  more  than  two  hundred  ($200.00)  dollars,  or  by  imprisonment 
in  the  county  jail  for  not  less  than  ten  nor  more  than  sixty  days.  Provided  that  no  con- 
viction shall  be  had  where  a  conviction  is  sought  upon  any  alleged  sample  of  milk,  or 
product  of  milk,  unless  such  sample  has  been  taken  in  duplicate,  sealed  and  marked  for 
identification,  and  one  of  such  samples  left  with  the  person  accused.  All  fines  collected 
under  this  act  shall  be  paid  to  the  state  dairy  bureau  when  the  complaint  is  made 
through  the  state  dairy  bureau  and  the  state  dairy  bureau  shall  pay  the  same  to  the 
state  treasurer  and  the  amount  paid  by  the  state  dairy  bureau  to  the  state  treasurer  is 
hereby  appropriated  to  the  use  of  the  state  dairy  bureau  in  enforcing  this  act  for  the 
fiscal  year  in  which  the  amount  was  paid  to  the  state  treasurer. 


Act  38,  §§  1-3  GENERAL   LAAVS.  20 

Interference  with  inspectors. 

§  5.  It  shall  be  unlawful  for  any  person  to  prevent  or  interfere  with  the  duly  author- 
ized inspectors  or  agents  of  the  state  dairj'  bureau,  or  any  city  or  county  board  of 
health,  from  entering  any  place  or  premises  where  milk  or  products  of  milk  are  pro- 
duced or  manufactured  or  prepared  or  to  prevent  or  interfere  with  such  inspectors  or 
agents  in  the  event  they  deem  it  advisable  to  secure  samples  of  milk  or  milk  products 
from  any  person  producing  or  selling  milk  or  products  of  milk  for  the  purposing  [sic] 
of  analyzing  the  same  to  ascertain  whether  this  act  is  being  violated. 

Duty  of  district  attorney. 

$  6.  It  shall  be  the  duty  of  the  district  attorney,  npon  application  of  the  state  dairy 
bureau  or  any  city  or  county  board  of  health  to  attend  to  the  prosecution,  in  the  name 
of  the  people,  of  any  complaint  entered  for  violation  of  any  of  the  provisions  of  this 
act  within  his  district. 

Inconsistent  acts  repealed. 

$  7.    All  acts,  or  parts  of  acts,  inconsistent  with  this  act  are  hereby  repealed. 

Act  takes  effect  when. 

§  8.     This  act  shall  take  effect  and  be  in  force  sixty  days  after  its  passage. 

Adulteration  of  food  and  drugs. — See,  ante,  Mnnicipal  ordinance  —  Higher  percentage 

Act   25.  of  solid  content. — A  municipal  ordinance  of 

Analysis  to  determine   adulteration. — See,  Los  Angeles  requiring  vended  milk  to  have 

post,  Act  41.  a    larger    percentage    of    solid    content    than 

For    comparison,    see    Kerr's    Cyc.    Penal  that   required  by  the  act,  does  not   for  that 

Code,  §  382.  reason    conflict    therewith. — In    re    Hoffman, 

Imitation  milk,  producing,  buying,  selling,  155  Cal.  114,  132  Am.  St.  Rep.  75,  99  Pac.  517. 

adulterating. — See,   post.   Act  1172.  Same — Municipal  ordinance  not  in  confliot 

Impure  and  unTchoIesome  milk. — See,  post,  T»'ith   this   act  where   it  merely   exacts   addi- 

Act  1171.  tional    requirements.  —  In    re    Hoffman,    155 

Superseded. — Portions      of      this      act,      at  Cal.    114,    132   Am.    St.    Rep.    75,    99    Pac.    517. 

least,    if   not    the   entire    act,    were    super-  But  see  In  re  Desanta,  8  Cal.  App.  295,   96 

seded  by  Act  1167.  Pac.  1027. 

HONEY. 

ACT  38 — An  act  to  prohibit  the  adulteration  of  honey,  and  to  provide  a  punishment 

therefor. 

History:     Approved  February  23,  1897,  Stats.  1897,  p.  12.     Prior  act 
superseded  Act  approved  March  26,  1895,  stats.  1895,  p.  94. 

Manufacture  of  adulterated  honey  prohibited. 

$  1.  No  person  shall,  within  this  state,  manufacture  for  sale,  offer  for  sale,  or  sell 
any  extracted  honey  which  is  adulterated  by  the  admixture  therewith  of  either  refined 
or  commercial  glucose,  or  any  other  substance  or  substances,  article  or  articles  which 
may  in  any  manner  affect  the  purity  of  the  honey. 

Sample  for  analysis. 

§  2.  Every  person  manufacturing,  exposing,  or  offering  for  sale,  or  delivering  to  a 
purchaser  any  extracted  honey,  shall  furnish  to  any  person  interested,  or  demanding 
the  same,  who  shall  apply  to  him  for  the  purpose,  and  tender  him  the  value  of  the 
same,  a  sample  sufficient  for  the  analysis  of  any  such  extracted  honey  which  is  in  his 
possession. 

Extracted  honey. 

§3.  For  the  purposes  of  this  act,  "extracted  honey"  is  the  transformed  nectar  of 
flowers,  which  nectar  is  gathered  by  the  bee  from  natural  sources,  and  is  extracted 
from  the  comb  after  it  has  been  stored  by  the  bee. 


II 


21  ADULTERATION.  Acts  30,  41,  §  1 

Penalties. 

^  4.  Whoever  violates  any  of  the  provisions  of  this  act  is  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof,  shall  be  fined  not  less  than  twenty-five  nor  more  than  four 
hundred  dollars,  or  imprisoned  in  the  county  jail  not  less  than  twenty-five  days  nor 
more  than  six  months,  or  both  such  fine  and  imprisonment.  And  any  person  found 
guilty  of  manufacturing,  offering  for  sale,  or  selling  any  adulterated  honey  under  the 
provisions  of  this  act  may,  in  the  discretion  of  the  court,  be  adjudged  to  pay,  in  addi- 
tion to  the  penalties  hereinbefore  provided  for,  all  necessary  costs  and  expenses,  not  to 
exceed  fifty  dollars,  incurred  in  analyzing  such  adulterated  honey  of  which  such  person 
may  have  been  found  guilty  of  manufacturing,  selling,  or  offering  for  sale. 

Act  takes  effect  when. 

§  5.     This  act  shall  be  in  force  and  take  effect  from  and  after  its  passage. 

Adulteration  of  other  food  products. — See,  Adulteration  of  imitation  niillc — See,  post, 

ante,   Acts  25,   26.  Act  1172. 

Adulteration  of  syrup. — See,  ante,   Act  36.  For    comparison,    see    Kerr's    Cyc.    Penal 

Analysis   to   determine  adulteration. — See,  Code,   §  382. 
post.  Act  41. 

SYRUP. 

ACT  39 — An  act  to  prohibit  and  punish  the  sale  of  adulterated  S3rrup. 
History:      Approved  March  29,  1878,  Stats.  1877-78,  p.  695. 

Selling  adulterated  syrup. 

§  1,  Any  person  who  shall  knowingly  sell,  or  keep,  or  offer  for  sale,  or  otherwise  dis- 
pose of  any  syrup,  or  golden-drips  syrup,  silver-drips  syrup,  or  molasses,  containing 
muriatic  or  sulphuric  acids,  or  glucose,  or  adulterated  with  any  other  substance  to  im- 
prove the  color  thereof,  shall  be  guilty  of  a  misdemeanor. 

Penalty. 

§  2.  Any  person  violating  the  provisions  of  section  one  of  this  act  shall  be  pun- 
ished, and  imprisoned  in  the  county  jail  of  the  county  in  which  the  offense  is  committed 
for  a  period  not  exceeding  six  months,  or  by  a  fine  not  exceeding  five  hundred  dollars, 
or  both. 

Act  takes  effect  when. 

§  3.     This  act  shall  take  effect  from  and  after  its  passage. 

Adulteration  of  honey. — See,  ante.  Act  38.  For    comparison,    see    Kerr's    Cyc.    Penal 

Adulteration  of  other  food  products. — See,  Code,   §  382. 

ante,  Acts  25,  26.  Analysis   to   determine   adulteration. — See, 

.Vdulteratlon  of  imitation  mills. — See,  post,  post,  Act  41. 
Act   1172. 

ANALYSIS,  FOR  ADULTERATION. 

ACT  41 — An  act  to  provide  for  analyzing  the  minerals,  mineral  waters,  and  other 
liquids,  and  the  medicinal  plants  of  the  state  of  California,  and  of  foods  and  drugs, 
to  prevent  the  adulteration  of  the  same. 

History:     Approved  March  9,  1885,  Stats.  1885,  p.  43. 

Governor  to  appoint  state  analyst. 

ij  1.  The  governor  of  the  state  of  California  shall  appoint  one  of  the  professors  of 
the  state  university  of  California  of  sufficient  competence,  knowledge,  skill,  and  cxi^eri- 
ence,  as  state  analyst,  whose  duty  it  shall  be  to  analyze  all  articles  of  food,  drugs, 
medicines,  medicinal  plants,  minerals,  and  mineral  waters,  and  other  liquids  or  solids 
which  shall  be  manufactured,  sold,  or  used  within  this  state,  when  submitted  to  him,  as 
hereinafter  provided. 


Act  41,  §§2-7  GENERAL   LAWS.  22 

State  board  of  health,  etc.,  may  suhmit  food,  etc.,  for  analysis.  Duty  of  analyst.  Certifi- 
cate of  analyst,  when  prima  facie  evidence. 

$  2.  The  state  board  of  health  and  vital  statistics,  or  medical  oflficers  of  health  of 
any  city,  town,  or  of  any  city  and  county,  or  county,  may,  at  the  cost  of  their  respec- 
tive boards  or  corporations,  purchase  a  sample  of  any  food,  drugs,  medicines,  medicinal 
plants,  mineral  waters,  or  other  liquids  offered  for  sale  in  any  town,  village,  or  city  in 
this  state,  and  submit  the  same  to  the  state  analyst  as  hereinafter  provided;  and  said 
analyst  shall,  upon  receiving  such  article  duly  submitted  to  him,  forthwith  analyze  the 
same,  and  give  a  certified  certificate  to  the  secretary  of  the  state  board  of  health  sub- 
mitting the  same,  wherein  he  shall  fully  specify  the  result  of  the  analysis;  and  the  cer- 
tificate of  the  state  analyst  shall  be  held  in  all  the  courts  of  this  state  as  prima  facie 
evidence  of  the  properties  of  the  articles  analyzed  by  him. 

Any  person  may  submit  food,  etc.,  for  analysis. 

$  3.  Any  person  desiring  an  analysis  of  any  food,  drug,  medicine,  medicinal  plant, 
soil,  mineral  water,  or  other  liquid,  shall  submit  the  same  to  the  secretary  of  the  state 
board  of  health,  together  with  a  written  statement  of  the  circumstances  under  which  he 
procured  the  article  to  be  analyzed,  which  statement  must,  if  required  by  him,  be  veri- 
fied by  oath,  and  it  shall  be  the  duty  of  the  secretary  of  the  state  board  of  health  to 
transmit  the  same  to  the  state  analyst,  the  expenses  hereof  to  be  defrayed  by  the  said 
board. 

State  analyst  to  report. 

§  4.  The  state  analyst  shall  report  to  the  state  board  of  health  the  number  of  all  the 
articles  analyzed,  and  shall  specify  the  results  thereof  to  said  board  annually,  with  full 
statement  of  all  the  articles  analyzed,  and  by  whom  submitted. 

State  board  of  health  may  submit  food,  etc.,  for  analysis. 

$  5.  The  state  board  of  health  may  submit  to  the  state  analyst  any  samples  of  food, 
drugs,  medicines,  medicinal  plants,  mineral  waters,  or  other  liquids,  for  analysis,  as 
hereinbefore  provided. 

Mineralogist  to  submit  minerals  for  analysis. 

§  6.  It  shall  be  competent  for  the  mineralogist  of  the  state  of  California  to  submit 
to  the  state  analyst  any  minerals  of  which  he  desires  an  analysis  to  be  made ;  provided, 
that  the  cost  of  the  same  shall  be  defrayed  by  the  mineralogical  bureau. 

Viticultural  commissioners  may  submit  wines  and  spirits  for  analysis. 

§  7.  The  board  of  state  viticultural  commissioners  shall  have  the  same  privileges  as 
are  provided  for  the  state  board  of  health  under  this  act,  with  respect  to  samples  of 
wines  and  grape-spirits,  and  of  all  liquids  and  compounds  in  imitation  thereof,  and  any 
person  or  persons  desiring  analyses  of  such  products,  shall  submit  the  same  to  the  sec- 
retary of  the  said  board  of  state  viticultural  commissioners,  and  the  same  shall  be 
transmitted  to  the  state  analyst,  in  the  manner  prescribed  in  section  three  of  this  act. 
The  analyses  shall  be  made,  and  the  certificates  of  the  state  analyst  shall  be  forwarded 
to  the  secretary  of  the  said  board  of  state  viticultural  commissioners,  and  shall  have 
the  same  force  and  effect  as  provided  for  in  section  two  of  this  act,  with  respect  to 
analyses  made  for  the  state  board  of  health. 

Samples    for    analysis. — Demand,    refusal,  has  been  superseded,  at  least  as  to  the  anal- 

and  penalty. — See,  ante.  Acts  25,  26,  27,  and  ysls  of  food  and  drugs,  as  to  which  the  va- 

acts      under       titles       "Butter";       "Cheese";  rious   food  and   drug-  acts  make   ample   pro- 

"Dalries."  vision,  and  as  to  dairy  products,  which  fully 

Superseded. — It    Is    believed    that    this    act  provide  for  tests  to  determine  analysis. 


23  ADULTERATION.  Act  45,  §§  1-4 

INSECTICIDE  AND  FUNGICIDE  ACT. 

ACT  45 — An  act  to  regulate  the  manufacture,  sale,  adulteration  and  misbranding  of 

insecticides  or  fungicides  or  materials  used  for  insecticidal  or  fungicidal  purposes, 

and  to  provide  penalties  for  the  infraction  thereof,  and  to  appropriate  money  therefor. 

History:  Approved  May  1,  1911,  Stats.  1911,  p.  1248.  Amended 
June  2,  1913,  Stats.  1913,  p.  363;  June  16,  1913,  p.  1141.  Former  act, 
Act  of  February  28,  1901,  Stats.  1901,  p.  69. 

Unlawful  to  manufacture  adulterated  insecticide.  Penalty.  Fines  paid  into  school  fund. 

$  1.     That  it  shall  be  unlawful  for  any  person  to  manufacture  within  this  state  any 

insecticide,  paris  green,  lead  arsenate,  or  fungicide  which  is  adulterated  or  misbranded 

within  the  meaning  of  this  act;  and  any  person  who  shall  violate  any  of  the  provisions 

of  this  section  shall  be  guilty  of  a  misdemeanor,  and  shall,  upon  conviction  thereof,  be 

fined  not  to  exceed  two  hundred  dollars  for  the  first  offense,  and  upon  conviction  for 

each  subsequent  offense  to  be  fined  not  to  exceed  three  hundred  dollars,  or  sentenced  to 

imprisonment  for  not  to  exceed  one  year,  or  both  such  fine  and  imprisonment,  in  the 

discretion  of  the  court.     Said  fines  and  those  specified  in  section  2  of  this  act  to  be 

paid  into  the  school  fund  of  the  county  in  which  conviction  is  had. 

Unlawful  to  sell  adulterated  insecticide.    Penalty.    Article  for  export. 

§  2.  Any  person  who  shall  offer  to  deliver  to  any  other  person  or  any  person  who 
shall  sell  or  offer  for  sale  in  this  state  any  such  adulterated  or  misbranded  insecticide 
or  paris  green  or  lead  arsenate  or  fungicide  which  is  adulterated  or  misbranded 
within  the  meaning  of  this  act,  or  export  or  offer  to  export  the  same  to  any  foreign 
country  shall  be  guilty  of  a  misdemeanor,  and  for  such  offense  be  fined  not  exceeding 
two  hundred  dollars  for  the  first  offense,  and  upon  conviction  for  each  subsequent 
offense  not  exceeding  three  hundred  dollars,  or  to  be  imprisoned  not  exceeding  one  year, 
or  both,  in  the  discretion  of  the  court;  provided,  that  no  article  shall  be  deemed  mis- 
branded or  adulterated  within  the  provisions  of  this  act  when  intended  for  export  to 
any  foreign  country  and  prepared  or  packed  according  to  the  specifications  or  direc- 
tions of  the  foreign  purchaser;  but  if  said  article  shall  be  in  fact  sold  or  offered  for 
sale  for  domestic  use  or  consumption,  then  this  proviso  shall  not  exempt  said  article 
from  the  operation  of  any  of  the  provisions  of  this  act. 

Examination  of  specimens. 

§  3.  The  examination  of  specimens  of  insecticides,  paris  greens,  lead  arsenates  and 
fungicides  shall  be  made  by  the  director  of  the  agricultural  experiment  station  of  the 
University  of  California  in  person  or  by  deputy,  for  the  purpose  of  determining  from 
such  examination  whether  such  articles  are  adulterated  or  misbranded  within  the  mean- 
ing of  this  act;  and  if  it  shall  appear  from  any  such  examination  that  any  of  such  speci- 
mens are  adulterated  or  misbranded  within  the  meaning  of  this  act,  the  said  directoj- 
shall  cause  notice  thereof  to  be  given  to  the  party  from  whom  such  sample  was  obtained. 
Any  party  so  notified  shall  be  given  an  opportunity  to  be  heard  under  the  rules  and 
regulations  adopted  by  the  United  States  government  for  the  enfoi-cement  of  the 
national  insecticide  act  of  1910,  and  if  it  appears  that  any  of  the  provisions  of  this  act 
have  been  violated  by  such  party,  then  the  said  director  shall  at  once  certify  the  facts 
to  the  proper  district  attorney,  with  a  copy  of  the  results  of  the  analysis  or  the  exam- 
ination of  such  article  duly  authenticated  by  the  analyst  or  officer  making  such  examina- 
tion, under  the  oath  of  such  officer.  After  judgment  of  the  court,  notice  shall  be  given 
by  publication  in  such  manner  as  the  said  director  may  determine. 

Duty  of  district  attorney  to  prosecute. 

^  4.  That  it  shall  be  the  duty  of  each  district  attorney  to  whom  the  said  director 
shall  report  any  violation  of  this  act  or  present  satisfactory  evidences  of  any  such  vio- 
lation, to  cause  approjiriate  proceedings  to  be  commenced  and  prosecuted  in  the  proj^c: 


Act45,  g§5-S  GENERAL   LAWS.  24 

courts  of  the  state  of  California  without  delay,  for  the  enforcement  of  the  penalties 
as  in  such  case  herein  provided. 

Evidence  of  proper  analysis. 

§  5.  In  any  action,  civil  or  criminal,  in  any  court  in  this  state,  a  certificate,  under 
the  head  of  said  director,  and  the  seal  of  said  university,  stating  the  results  of  any 
analysis  purporting  to  have  been  made  under  the  provisions  of  this  act,  shall  be  prima 
facie  evidence  of  the  fact  that  the  sample  or  samples  mentioned  in  said  analysis  or 
certificate  where  properly  analyzed  as  in  this  act  provided;  that  the  substances  analyzed 
contained  the  component  parts  stated  in  such  certificate  and  analysis;  and  that  the 
samples  were  taken  from  the  parcels  or  packages  or  lots  mentioned  or  described  in  sa"d 
certificate. 

Definitions:     "Insecticide."    Paris  green.     "Lead  arsenate."     "Fungicide." 

$  6.  That  the  term  "insecticide"  as  used  in  this  act  shall  include  any  substance  or 
mixture  of  substances  intended  to  be  used  for  preventing,  destroying,  repelling  or  miti- 
gating any  insects  which  may  infest  vegetation,  man  or  other  animals,  or  households, 
or  be  present  in  any  environment  whatsoever.  The  term  paris  green  as  used  in  this 
act  shall  include  the  product  sold  in  commerce  as  paris  green  and  chemically  known  as 
the  aceto-arsenite  of  copper.  The  term  "lead  arsenate"  as  used  in  this  act  shall 
include  the  product  or  products  sold  in  commerce  as  lead  arsenate  and  consisting  chem- 
ically of  products  derived  from  arsenic  acid  (H3ASO4)  by  replacing  one  or  more  hydro- 
gen atoms  by  lead.  That  the  term  "fungicide"  as  used  in  this  act  shall  include  any 
substance  or  mixture  of  substances  intended  to  be  used  for  preventing,  destroying, 
repelling,  or  mitigating  any  and  all  fungi  that  may  infest  vegetation  or  be  present  in 
any  environment  whatsoever. 

Adulterated  paris  green.    Adulterated  lead  arsenic.    Other  insecticides. 

§  7.  That  for  the  purpose  of  this  act  an  article  shall  be  deemed  to  be  adulterated— 
In  the  case  of  paris  green :  First,  if  it  does  not  contain  at  least  fifty  per  centum  of 
arsenious  oxide;  second,  if  it  contains  arsenic  in  water-soluble  forms  equivalent  to  more 
than  three  and  one-half  per  centum  of  arsenious  oxide ;  third,  if  any  substance  has  been 
mixed  and  packed  with  it  so  as  to  reduce  or  lower  or  injuriously  affect  its  quality  or 
streno-th.  In  the  case  of  lead  arsenate :  First,  if  it  contains  more  than  fifty  per  centum 
of  water  •  second,  if  it  contains  total  arsenic  equivalent  to  less  than  twelve  and  one-half 
per  centum  of  arsenic  oxide  (AS2O5) ;  third,  if  it  contains  arsenic  in  water-soluble 
forms  equivalent  to  more  than  seventy-five  one  hundredths  per  centum  of  arsenic  oxide 
(AS2O5)  •  fourth,  if  any  substances  have  been  mixed  and  packed  with  it  so  as  to  reduce, 
lower  or  injuriously  affect  its  quality  or  strength;  provided,  however,  that  extra  water 
may  be  added  to  lead  arsenate  (as  described  in  this  paragraph)  if  the  resulting  mixture 
is  labeled  lead  arsenate  and  water,  the  percentage  of  extra  water  being  plainly  and 
correctly  stated  on  the  label. 

In  the  case  of  insecticides  or  fungicides,  other  than  paris  green  and  lead  arsenate: 
First  if  its  strength  or  purity  fall  below  the  professed  standard  or  quality  under  which 
it  is  sold;  second,  if  any  substance  has  been  substituted  wholly  or  in  part  for  the 
article-  third,  if  any  valuable  constituent  of  the  article  has  been  whoJly  or  in  part 
abstracted"  fourth,  if  it  is  intended  for  use  on  vegetation  and  shall  contain  any  sub- 
stance or  substances  which,  although  preventing,  destroying,  repelling,  or  mitigating 
insects,  shall  be  injurious  to  such  vegetation  when  used. 

"Misbranded"  defined.    Misbranded  insecticides.    Names  of  ingredients. 

§8.  That  the  term  "misbranded,"  as  used  herein,  shall  apply  to  all  insecticides, 
paris  green,  lead  arsenate,  or  fungicides  or  articles  which  enter  into  the  composition  of 
insecticides  or  fungicides,  the  package  or  label  of  which  shall  bear  any  statement, 


29  ADULTER  VTION.  Act  45.  §§  9-lJ 

design  or  device  regarding  snch  article  or  the  ingredients  or  substances  contained 
therein  which  shall  be  false  or  misleading  in  any  particular,  and  to  all  insecticides, 
paris  green,  lead  arsenate,  or  fungicides  which  are  falsely  branded  as  to  the  state,  terri- 
tory, or  country,  in  which  they  are  manufactured  or  produced.  That  for  the  purpose 
of  this  act  an  article  shall  be  deemed  to  be  misbranded:  In  the  case  of  insecticides, 
paris  green,  lead  arsenate,  and  fungicides :  first,  if  it  be  an  imitation  or  offered  for 
sale  under  the  name  of  another  article;  second,  if  it  be  labeled  or  branded  so  as  to 
deceive  or  mislead  the  purchaser,  or  if  the  contents  of  the  package  as  originally  put 
up  shall  have  been  removed  in  whole  or  in  part  and  other  contents  shall  have  been 
placed  in  such  package;  third,  if  in  package  form,  and  the  contents  are  stated  in  terms 
of  weight  or  measure  they  are  not  plainly  and  correctly  stated  on  the  outside  of  the 
package.  In  the  case  of  insecticides  (other  than  paris  green  and  lead  arsenates)  and 
fungicides;  first,  if  it  contains  arsenic  in  any  of  its  combinations  or  in  the  elemental 
form  and  the  total  amount  of  arsenic  present  (expressed  as  per  centum  of  metallic 
arsenic)  is  not  stated  on  the  label;  second,  if  it  contains  arsenic  in  any  of  its  combina- 
tions or  in  the  elemental  form  and  the  amount  of  arsenic  in  water-soluble  forms  (ex- 
pressed as  per  centum  of  metallic  arsenic)  is  not  stated  on  the  label;  third,  if  it  con- 
sists partially  or  completely  of  any  inert  substance  or  substances  which  do  not  prevent, 
destroy,  repel  or  mitigate  insects  or  fungi  and  does  not  have  the  names  and  percentage 
amounts  of  each  and  every  one  of  such  inert  ingredients  plainly  and  correctly  stated 
on  the  label;  provided,  however,  that  in  lieu  of  naming  and  stating  the  percentage 
amount  of  each  and  every  inert  ingredient  the  producer  may  at  his  discretion  state 
plainly  upon  the  label  the  correct  names  of  each  and  every  ingredient  of  the  insecticide 
or  fungicide  having  inseeticidal  or  fungicidal  properties,  and  make  no  mention  of  the 
inert  ingredients,  except  in  so  far  as  to  state  the  total  percentage  of  inert  ingredients 
present.     [Amendment  approved  June  16,  1913.    Stats.  1913,  p.  1141.] 

Wholesaler's  guaranty. 

$  9.  That  no  dealer  shall  be  prosecuted  under  the  provisions  of  this  act  when  he  can 
establish  a  guaranty  signed  by  the  wholesaler,  jobber,  manufacturer,  or  other  party 
from  whom  he  purchased  such  articles,  to  the  effect  that  the  same  is  not  adulterated 
or  misbranded  within  the  meaning  of  this  act,  designating  it;  or  a  general  guaranty 
may  be  filed  with  the  secretary  of  the  United  States  department  of  agriculture  by  the 
manufacturer,  wholesaler,  jobber  or  other  party  in  the  United  States  and  be  given  a 
serial  number,  which  number  shall  appear  on  every  package  of  insecticide  or  fungicide 
sold  under  such  guaranty  with  the  words  "guaranteed  by"  (the  name  of  the  guaran- 
tor) under  the  insecticide  act  of  1910;  and  in  such  cases  said  party  or  parties  shall  be 
amenable  to  the  prosecutions,  fines,  or  other  penalties  which  would  attach  in  due  course 
to  the  dealer  under  the  provisions  of  this  act.  [Amendment  approved  June  16,  1913. 
Stats.  1913,  p.  1141.] 

"Person"  defined.    Act  of  agent  deemed  act  of  corporation. 

§  10.  That  the  word  "person"  as  used  in  this  act  shall  be  construed  to  mean  both 
the  plural  and  the  singular,  as  the  case  depends,  and  shall  include  corporations,  com- 
panies, societies  and  associations.  When  construing  and  enforcing  the  provisions  of 
this  act,  the  act,  omission  or  failure  of  any  officer,  agent,  or  other  person  acting  for  or 
employed  by  any  corporation,  company,  society  or  association,  within  the  scope  of  his 
employment  or  office,  shall  in  every  ease  be  also  deemed  to  be  the  act,  omission,  or 
failure  of  such  corporation,  company,  society,  or  association,  as  well  as  that  of  the 
other  person. 

Label. 

^  11.  Every  lot,  parrel  or  package  of  commr'-'-pi'ai  in^^pctifirlop  or  fungicides  or  mate- 
rials to  be  used  for  inseeticidal  or  fungicitlal  purposes,  sold,  offered  or  exposed  for 


Act  45,  §§12-14  CEIVERAL,   LAWS.  28 

sale,  within  this  state,  shall  be  accompanied  by  a  plainly  printed  label  stating  the 
name,  brand  and  tj-ade-mark,  if  any  there  be,  under  which  the  insecticide  or  fungicide 
is  sold,  the  name  and  address  of  the  manufacturer,  importer,  or  dealer,  the  place  of 
manufacture,  and  giving  a  correct  general  statement  of  the  nature  and  composition, 
together  with  the  name,  of  the  insecticide  or  fungicide  it  accompanies,  and  the  total 
percentage  claimed  to  be  therein  of  the  substance  or  substances  alleged  to  have  insecti- 
cidal  or  fungicidal  properties.  [Amendment  approved  June  16,  1913  j  Stats,  1913, 
p.  1141.] 

Insecticide  deemed  adulterated. 

§  12.  No  commercial  insecticide,  paris,  green,  lead  arsenate  or  fungicide  shall  be 
deemed  to  be  adulterated  under  the  provisions  of  this  act,  if  the  standard  of  strength, 
quality  or  purity  thereof  be  plainly  stated  upon  the  bottle,  box  or  container  thereof, 
although  the  standard  may  differ  from  that  determined  by  the  provisions  of  section  7 
hereof.  [New  section,  approved  June  16,  1913.  Stats.  1913,  p.  1141.  The  original 
section  12  was  repealed  by  this  act.] 

Not  applicable  to  certain  drugs. 

§  12y2-  The  provisions  of  this  act  shall  not  apply  to  the  sale  of  any  of  the  prepara- 
tions, drugs  and  chemicals  of  the  United  States  Pharmacopoeia  or  National  Formulary, 
which  conforms  to  the  standard  and  tests  prescribed  in  the  latest  edition  of  the  United 
States  Pharmacopoeia  or  National  Formulary,  nor  shall  the  provisions  of  this  act  apply 
to  the  sale  of  any  medicinal  or  toilet  pi-eparations  or  substances  guaranteed  under  the 
United  States  pure  food  and  drugs  act  of  June  30th,  1906,  and  the  California  pure  food 
and  drugs  act.  Statutes  of  California  for  1907,  chapter  187.  [New  section,  approved 
June  16,  1913.    Stats.  1913,  p.  1141.] 

Analysis  of  insecticides. 

§  13.  The  directory  of  the  agricultural  experiment  station  of  the  University  of 
California  shall,  upon  receipt  of  a  sample  of  insecticide  or  fungicide,  accompanied 
with  a  nominal  fee  of  one  dollar,  furnish  to  the  user  of  said  commercial  insecticide  or 
fungicide,  such  examination  or  analysis  of  the  sample  as  will  substantially  establish 
the  conformity  or  non-conformity  of  the  said  insecticide  or  fungicide  to  the  guarantee 
under  which  it  is  sold.     [Amendment  approved  June  16,  1913;  Stats.  1913,  p.  1141.] 

Purchase  of  samples. 

§  14.  The  directory  of  the  agricultural  experiment  station  of  the  University  of 
California,  in  person  or  by  deputy,  is  herebj'^  authorized  to  purchase  a  sample,  not 
exceeding  one  pound  in  weight,  for  analysis  by  the  said  director  or  his  deputies,  from 
any  lot,  parcel  or  package  of  insecticide  or  fungicide,  or  material,  or  mixture  of  mate- 
rials used  for  insecticidal  or  fungicidal  purposes,  which  may  be  in  the  possession  of 
any  manufacturer,  importer,  agent  or  dealer;  but  said  sample  shall  be  drawn  in  the 
presence  of  said  party  or  parties  in  interest  or  their  representatives.  In  lots  of  five 
tons  or  less,  samples  shall  be  drawn  from  at  least  ten  packages,  or,  if  less  than  ten 
packages  are  present,  all  shall  be  sampled;  in  lots  of  over  five  tons,  not  less  than 
twenty  packages  shall  be  sampled.  The  samples  so  drawn  shall  be  thoroughly  mixed, 
and  from  it  two  equal  samples  shall  be  drawn  and  placed  in  glass  vessels,  carefully 
sealed,  and  a  label  placed  on  each,  stating  the  name  or  brand  of  the  insecticide  or  mate- 
rial sampled,  the  name  of  the  party  from  whose  stock  the  sample  was  drawn,  and  the 
time  and  place  of  drawing;  and  said  label  shall  also  be  signed  by  the  said  director  or 
his  deputy  making  such  inspection,  and  by  the  party  or  parties  in  interest  or  their 
representatives,  present  at  the  drawing  and  sealing  of  said  samples.  One  of  said 
duplicate  samples  shall  be  retained  by  the  party  whose  stock  was  sampled,  and  the 
other  by  the  director  of  the  agricultural  experiment  station  of  the  University  of. 
California.     [Amendment  approved  June  16,  1913.    Stats.  1913,  p.  1141.] 


27  ADULTERATION.  Act  45,  §§14a-20 

Insecticides  sold  without  notice. 

^  14a.  The  following  insecticides  and  fungicides  or  materials  to  be  used  for  insec- 
ticidal  or  fungicidal  purposes  may  be  sold  b}'  grocers  and  dealers  generally  without 
restriction  and  the  registration  fee,  permit  or  license  being  required  of  them,  viz: 
Insect  powders,  poison  fly  paper,  sticky  fly  paper,  borax,  moth  balls,  gum  camphor, 
spirits  of  camphor,  blue  ointment,  oil  of  eucalyptus,  castor  oil,  ant  poison,  sheep  dip, 
lice  killer,  sulphur,  blue-stone.    [New  section  added  June  2, 1913.    Stats.  1913,  p.  363.] 

Publication  of  results  of  analyses. 

^  15.  The  director  of  the  agricultural  experiment  station  of  the  University  of  Cali- 
fornia shall  publish  in  bulletin  form,  from  time  to  time,  at  least  annually,  the  results  of 
the  analyses  hereinbefore  provided  with  such  additional  information  as  circumstances 
may  advise. 

Appropriation. 

§  16.  There  is  hereby  provided  for  carrying  out  the  purposes  of  this  act,  out  of 
any  moneys  in  the  state  treasury  not  otherwise  appropriated,  the  sum  of  five  thousand 
dollars  for  each  fiscal  year  hereafter,  beginning  with  the  first  day  of  July,  1911. 

Persons  who  may  not  be  interested  in  sale,  etc. 

$  17.  All  persons  charged  with  the  enforcement  or  execution  of  any  of  the  provi- 
sions of  this  act  shall  not  directly  or  indirectly  be  interested  in  the  sale,  manufacture 
or  distribution  of  any  insecticide  or  fungicide  affected  by  this  act. 

Disposition  of  fees. 

$  18.  All  moneys  received  from  analytical  fees  shall  be  .paid  to  the  secretary  of  the 
board  of  regents  of  the  University  of  California  for  the  use  of  said  board  in  carrying 
out  the  provisions  of  this  act.  [Amendment  approved  June  16,  1913.  Stats.  1913, 
p.  1141.] 

Repealed. 

§  19.  An  act  to  prevent  fraud  in  the  sale  of  paris  green  used  as  an  insecticide, 
chapter  LIII,  page  69,  Statutes  of  1901,  is  hereby  repealed. 

§  20.     This  act  shall  take  effect  and  be  in  force  from  and  after  July  1,  1911. 

Administration  and  enforcement,  power  of,  express  repeal  provision.     Whether  repealed 

given    the    director    of    the    department    of  or  not,  It  was  superseded  by  the  present  act. 

agriculture. — See   §9,   Act   96.  Scope  of  section  14a — Construed  ^vitli  "Poi- 

Repealed  or  superseded  act. — This  act  pur-  son  Act." — This  section  does  not,  in  view  of 

ports  to  repeal  the  prior  act  of  February  28,  the   provisions    of   section    7    of    the    "Poison 

1901    (Stats.  1901,  p.  69).     See  §  19.     But  the  Act."  authorize  grocers  and  dealers  gener- 

title  of  the  act  contains  no  reference  to  such  ally  to  sell  an  ant  poison  containing  arsenic 

repeal,  and  the  body  of  the  act  contains  no  or  its  compounds. — In  re  Potter.  26  Cal.  App. 

45,  146  Pac.  62. 

ADULTERY. 
See  Kerr's  Cyc.  Penal  Code,  ^  269a,  269b. 


Act  60,  g§  1,  2  GBNCRAL.   LAWS. 


CHAPTER  4. 

ADVERTISEMENTS. 

References:    Abortion,  advertisements  to  procure,  see  Kerr's  Cyc.  Penal  Code,  §317. 
Advertisements  on  state  highways,  see  tit.  "Highways,"  Act.  1903. 
Banking,  false  advertising  in,  see  Act  409. 

Bear  flag,  use  of  for  advertising,  see  Kerr's  Cyc.  Penal  Code,  §  310a. 
Bonds  as  legal  investments,  false  advertising  of,  see  Act  409. 
Divorce,  advertisements  to  procure,  see  Kerr's  Cyc.  Penal  Code,  §  159a. 
Lotteries,  advertising,  see  Kerr's  Cyc.  Penal  Code,  §  323. 
"No  hunting"  signs,  tearing  dov?n,  etc.,  see  Kerr's  Cyc.  Penal  Code,  §  602. 
Official  advertisements,  in  general,  see  Kerr's  Cyc.  Political  Code,  §  4458,  et  seq. 
Official  advertisements,  in  particular,  see  particular  title  in  the  several  codes. 
Practice  law,  false  advertisement,  see  Kerr's  Cyc.  Penal  Code,  §  161a. 
Property  in  signs,  see  Kerr's  Cyc.  Civil  Code,  §  655. 

Real  estate,  false  advertisement  concerning,  see  Kerr's  Cyc.  Penal  Code.  §  654b. 
Tearing  down,  damaging,  etc.,  signs,  etc.,  see  Kerr's  Cyc.  Penal  Code,  §  602. 

CONTENTS  OF  CHAPTER. 
ACT  60.    Lawful  and   Unlawful  Signs,   Era 

61.  Venereal  Disease  Remedies. 

62.  Fraudulent. 

LAWFUL  AND  UNLAWFUL  SIGNS,  ETC. 
ACT  60 — An  act  prohibiting  the  placing  or  maintaining  of  signs,  mechanical  devices, 
transparencies,  pictures  or  advertisements  on  or  upon  property  of  the  state  of  Cali- 
fornia, or  on  or  upon  property  of  any  city,  city  and  county  or  county  in  the  state  of 
California,  and  prohibiting  the  placing  or  maintaining  of  any  signs,  mechanical 
devices,  transparencies,  pictures  or  advertisements  upon  property  of  any  person  or 
private  corporation  without  consent  in  writing  therefor  having  been  first  obtained, 
and  providing  a  penalty  for  the  violation  of  the  provisions  of  this  act,  and  declaring 
such  signs,  mechanical  devices,  transparencies,  pictures  and  advertisements  to  be  a 
public  nuisance. 

History:     Approved  April  21,  1911,  Stats.  1911,  p.  957. 
Unlawful  to  place  signs  without  permission. 

§  1.  It  shall  be  unlawful  for  any  person,  persons  or  corporation  to  place,  cause  to  be 
placed  or  to  maintain,  or  cause  to  be  maintained  without  lawful  permission  on  or  upon 
any  propertj^,  either  real  or  personal,  belonging  to  the  state  of  California,  or  to  any 
city,  city  and  county  or  county  in  the  state  of  California,  any  sign,  picture,  transpar- 
ency, advertisement  or  mechanical  device  which  is  used  for  the  purpose  of  or  whicli 
does  advertise  or  bring  to  notice  any  person  or  persons  or  article  or  articles  of  mer. 
chandise  or  any  business  or  profession  or  anything  that  is  to  be  or  has  been  sold, 
bartered  or  given  away. 

Concent  of  owners  of  property. 

^  2.  It  shall  be  unlawful  for  any  person,  persons  or  corporation  to  place,  cause  to 
be  placed,  maintain,  or  cause  to  be  maintained  on  or  upon  any  property,  either  real  or 
personal,  within  the  state  of  California,  in  which  said  person,  persons  or  corporations 
have  no  estate  or  right  of  possession,  any  sign,  picture,  transparency,  advertisement  or 
mechanical  device  which  is  used  for  the  purpose  of,  or  which  does  advertise  or  bring 
to  notice  any  person  or  persons,  or  article  or  articles  of  merchandise  or  any  business 
or  profession  or  anything  that  is  to  be  or  has  been  sold,  bartered  or  given  away,  unless 
such  person,  persons  or  corporation  obtain  the  consent  of  the  owner  or  owners,  lessee 
or  lessees  of  said  property,  or  person  or  persons  in  lawful  possession  of  said  property 
before  such  sign,  picture,  transparency,  advertisement  or  mechanical  device  is  placed 
on  or  upon  said  property. 


20  ADVE^RTISE^ME^NTS.  Acts  61, 62,  §  I 

Lawful  notices.    Boad  signs. 

§  3.  Nothing  herein  shall  be  so  construed  as  to  prevent  the  posting  of  any  notice 
required  by  law  or  order  of  any  court,  to  be  posted,  nor  to  prevent  the  posting  or 
placing  of  any  notice,  particularly  pertaining  to  the  grounds  or  premises  upon  which 
the  same  is  so  posted  or  placed,  or  to  prevent  the  posting  or  placing  of  any  notice,  sign, 
or  device  used  exclusivel}'  for  giving  public  notice  of  the  name,  direction  or  condition 
of  any  highway,  street,  lane,  road  or  alley. 

Nuisance. 

$  4.  Any  such  sign,  picture,  transparency,  advertisement  or  mechanical  device  so 
placed  on  any  property,  contrary  to  the  provisions  of  this  act,  is  and  shall  be  a  public 
nuisance. 

Penalty. 

§  5.  Any  person  violating  any  of  the  provisions  of  this  act  shall  be  guilty  of  a 
misdemeanor. 

Advertisements    as    to    articles    for   sale.—  Police   pctver  to  prevent See   34   I*   R.   A. 

See,  post,  Act  62.  (N.  S.)   998;  39  L.  R.  A.   (N.  S.)   350. 

Advertisements   of   remedies    for   venereal 
diseases. — See,  post.  Act  61. 

VENEREAL  DISEASE  REMEDIES. 

ACT  61 — An  act  to  prohibit  the  advertising  of  venereal  disease  remedies  and  provid- 
ing a  penalty  for  the  violation  of  the  provisions  of  this  act. 

History:     Approved  May  11,  1919.     In  effect  July  22,  1919.     Stats. 
1919,  p.  477. 

Advertising  unlawful. 

§  1.  From  and  after  the  passage  of  this  act  it  shall  be  unlawful  for  any  person, 
firm,  corporation  or  association,  except  boards  of  health  or  agencies  approved  by  the 
state  board  of  health,  to  post  or  otherwise  exhibit  or  distribute  in  any  manner  what- 
soever in  any  place,  any  advertising  or  other  printed  matter  concerning  venereal  dis- 
eases, lost  manhood,  lost  vitality,  impotency,  seminal  emissions,  self-abuse,  varicocele, 
or  excessive  sexual  indulgence,  and  calling  attention  to  any  medicine,  device,  compound, 
treatment  or  preparation  that  may  be  used  therefor. 

Penalty  for  violation. 

§  2.  Any  person  violating  the  provisions  of  this  act  shall  upon  conviction  therefor 
be  punished  by  a  fine  of  not  more  than  live  hundred  dollars  or  by  imprisonment  in  the 
county  jail  for  not  more  than  one  year  or  by  both  such  fine  and  imprisonment. 

FRAUDULENT. 
ACT  62 — An  act  to  prevent  false  and  incorrect  representations  and  advertisements 
concerning  articles  offered  for  sale  and  prescribing  a  punishment  for  the  violation 
thereof. 

History:     Approved  April  22,  1909,  Stats.  1909,  p.  1078. 

Misleading  advertisements. 

^  1.  Any  firm,  person,  corporation  or  association  of  persons,  or  any  employee  of 
such  or  any  of  such,  who  in  the  newspapers  or  other  periodicals  of  this  state,  or  in 
public  advertisements,  or  in  communications  intended  for  a  large  number  of  persons 
knowingly  makes  or  disseminates  any  statements  or  assertions  of  facts  with  respect  to 
his,  its  or  their  business  affairs  concerning  the  quantity,  the  quality,  the  value,  the, 
price,  the  method  of  production  or  manufacture,  or  the  fixing  of  the  price  of  his,  its 
or  their  merchandise  or  professional  work;  or  the  manner  or  source  of  purchase  of 


\ct  62,  §  1  GENERAL,   LA  «VS.  SO 

Buch  merchandise,  or  tlie  possession  of  awards,  prizes  or  distinctions;  or  the  motive  or 
purpose  of  a  sale,  intended  to  have  the  appearance  of  an  advantageous  offer,  which  is 
or  are  untrue  or  calculated  to  mislead,  shall  be  guilty  of  a  misdemeanor. 

Superseded. — This    act    was    probably    su-       Penal    Code. — See    Kerr's    Cyc.    Penal    Code, 
perseded  by   the   1915  amendment  to   §  654a,       §  654a. 

AGED  PERSONS. 

See  tits.  "Home  of  Adult  Blind,"  "Paupers,"  "Veterans'  Home  Association." 

AGENTS. 

See  tits.  "Employment  Agencies,"  "Insurance  Companies,"  "Investment 

Companies,"  "Real  Estate  Brokers." 

AGRICULTURAL  BUILDINGS. 

See  tit.  "Agriculture." 

AGRICULTURAL  DISTRICTS. 

See  tit.  "Agriculture." 

AGRICULTURAL  FAIRS. 

See  tit.  "Agriculture." 

AGRICULTURAL  PARK. 

See  tit.  "Agriculture." 

AGRICULTURAL  SOCIETIES. 

See  tit,  "Agriculture." 

CHAPTER  5. 

AGRICULTURE. 
References:    Farm  loan  bonds,  a  lawful  Investment,  see,  post,  Act  518. 

Fruit  and  vegetables,  see  title. 

Horticulture,  see  title. 

Land  settlement  and  rural   credits,  see  tit.  State. 

"Land  Settlement  Board." 

Potatoes,  see  title. 

Predatory  animals,  protection  against,  see,  post,  Act  251. 

Protection  of  agriculture,  see  tits.  "Estrays,"  "Trespassing  Animals." 

Protection  of  agriculture  in  certain  counties,  see  particular  county. 

Protection  of  agriculture,  see  particular  acts  In  chapters  under  tits.  "Conserva- 
tion," "Drainage  Districts,"  "Irrigation,"  "Protection  Districts,"  "Storm  Water 
Districts." 

Silk  culture,  see  title. 

Squirrels  and  gophers,  destruction  of  in  certain  counties,  see  post  Acts  249,  250. 

Trespassing  animals,  see  title. 

Trespassing  animals  in  certain  counties,  see  particular  county. 

Viticulture,  see  title. 

CONTENTS  OF  CHAPTER. 

I.  AGRICULTURAL  BUILDINGS  AND  PARK. 

II.  STATE  AGRICULTURAL  SOCIETY. 

III.  COUNTY  AND  DISTRICT  AGRICULTURAL  SOCIETIES  AND  ASSOCIATIONS. 

IV.  AGRICULTURAL  DISTRICTS. 

Y.  MISCELLANEOUS.  DEPARTMENT  OP  AGRICULTURE. 


81  AGRICULTURE.  Act  65,  §8  1,  a 

I.     AGRICULTURAL   BUILDINGS   AND   PARK. 

ACT  65.     State  Fair  Buildings. 

66.  Woman's  Building. 

67.  Machinery  Hall. 

68.  Dairy  Buildings. 

69.  Memorial  Buildings. 

70.  Extension  of  Fair  Grounds. 

70a.  Improvement  of  Park  by  Day's  Work. 

70b.  Improvement  of  Park. 

70c.  Relief  of  Directors  of  Society, 

STATE  FAIR  BUILDINGS. 
ACT  65 — An  act  making  an  appropriation  for  the  erection  and  construction  of  build- 
ings and  equipping  the  fair  grounds  owned  hy  or  under  the  jurisdiction  and  control 
of  the  California  State  Agricultural  Society,  for  exposition  and  state  fair  purposes 
and  for  the  payment  of  other  expenses  incidental  and  relating  thereto,  prohibiting 
gambling  of  all  kinds  upon  the  grounds  and  premises  under  the  control  of  said  Cali- 
fornia State  Agricultural  Society,  and  providing  a  penalty  for  gambling  or  gaming 
thereon,  and  providing  that  certain  moneys  now  in  the  state  treasury  may  he  used 
in  connection  with  this  appropriation  for  such  purposes. 

History:     Approved  March  22,  1905,  Stats.  1905,  p.  793. 
State  agricultural  society — appropriation  for  fair  grounds. 

$  1.  The  sum  of  sixty  thousand  dollars  is  hereby  appropriated  out  of  any  money 
in  the  state  treasury,  not  otherwise  appropriated,  to  be  paid  to  the  board  of  directors 
of  the  California  State  Agricultural  Society  and  to  be  expended  on,  in  and  about  the 
fair  grounds  owned  by  or  under  the  jurisdiction  and  control  of  the  California  State 
Agricultural  Society  for  the  purpose  of  equipping  the  said  fair  grounds  for  exposition 
and  state  fair  uses  for  the  purjDoses  hereinafter  specified:  For  the  construction  of  a 
swine  exhibit  building;  the  construction  of  a  sheep  building;  the  construction  of  cattle 
exhibit  barns;  the  construction  of  exhibit  buildings  for  mules,  horses  and  ponies;  the 
construction  of  a  poultry  building;  the  construction  of  a  dairy  building;  the  construc- 
tion of  carriage  sheds;  the  construction  of  a  main  fence  around  the  grounds;  the  pur- 
chase of  decomposed  granite  for  roads;  the  grading  of  roads;  the  grading  and  filling 
around  barns;  the  installation  of  a  water  system  and  piping  the  grounds;  the  construc- 
tion of  a  steel  tower  and  of  a  barrel  tank;  the  installation  of  a  sewerage  system;  the 
construction  of  an  implement  exhibit  building;  painting  such  structures;  necessary  fees 
of  architects  and  suiDerintendents,  foremen  and  workmen  and  for  the  payment  of  all 
other  expenses  appurtenant  to  the  carrying  out  of  this  act.  The  state  controller  is 
hereby  ordered  and  directed  to  draw  the  necessary  warrant  or  warrants  therefor,  and 
the  state  treasurer  is  hereby  directed  to  pay  the  same.  Provided  that,  if  the  appro- 
priation made  by  this  act  shall  be  insufficient  to  provide  for  the  erection  and  construc- 
tion of  all  the  buildings  hereinbefore  enumerated,  the  board  of  directors  of  the  said 
California  State  Agricultural  Society,  in  their  discretion,  may  erect  and  construct  such 
buildings  named  herein  as  in  their  discretion  can  be  erected  and  constructed  by  the 
appropriations  provided  for  by  this  act. 

Bids,  advertising  for. 

§  2.  No  contract  for  lumber,  iron,  machinery  or  material  to  be  used  for  the  purposes 
mentioned  in  section  one  of  this  act  shall  be  entered  into  by  the  California  State  Agri- 
cultural Society  until  publication  shall  be  made  in  at  least  three  daily  newspapers,  two 
of  said  newspapers  to  be  published  in  the  city  and  county  of  San  Francisco,  and  one 
in  the  city  of  Sacramento,  for  at  least  twenty  days  prior  thereto,  inviting  bids  for  the 
supplying  of  such  material.  Such  bids  may  be  in  the  form  of  sealed  proposals,  shall 
be  opened  at  a  meeting  of  the  directors  of  such  society,  and  the  contract  shall  be 
awarded  to  the  lowest  responsible  bidder  for  supplying  of  such  materiaL 


Act  65,  §g  3-e  GENERAL   LAWS.  S3 

Bills,  how  audited  and  approved. 

$  3.  All  bids  for  material  and  for  the  construction  and  equipment  of  said  works 
shall  be  audited  by  the  said  board  of  directors  of  the  California  State  Agricultural 
Society  and  approved  by  the  state  board  of  examiners  before  being  paid. 

Plans,  specifications,  etc.,  how  and  by  whom  approved. 

§  4.  All  plans,  descriptions,  bills  of  material,  specifications  and  estimates  necessary, 
requisite,  proper  or  convenient  for  any  of  the  purposes  aforesaid,  shall  receive  the 
sanction  of  a  majority  of  the  directors  of  the  California  State  Agricultural  Society  and 
of  the  state  board  of  examiners.  The  directors  of  the  California  State  Agricultural 
Society  shall  cause  an  entry  to  be  made  in  their  minutes  that  such  plans,  descriptions, 
bills  of  material,  specifications  and  estimates  have  been  approved.  It  shall  not  be 
necessary  to  obtain  the  approval  or  sanction  of  any  other  board,  officer  or  person  to 
said  plans. 

Present  funds,  how  used. 

§  5.  In  addition  to  the  appropriation  made  by  this  act,  the  board  of  directors  of 
the  said  California  State  Agricultural  Society  are  hereby  authorized,  and  empowered 
to  use,  for  the  purpose  of  improving  the  said  fair  grounds,  any  moneys  now  in  the 
state  treasury  of  the  state  of  California  consisting  of  the  residue  remaining  after  the 
sale  by  the  California  State  Agricultural  Society  of  its  real  estate,  or  any  portion 
thereof,  conformably  to  the  terms  and  provisions  of  an  act  entitled  "An  act  to  author- 
ize state  agricultural  societies  under  the  control  of  the  state,  to  sell  property  held  by 
them  in  fee,  or  held  by  trustees  for  their  use,  or  in  which  they  may  have  any  interest, 
to  presei'ibe  a  course  of  procedure  therefor,  to  indemnify  purchasers  at  such  sale,  and 
to  direct  how  the  proceeds  shall  be  applied, ' '  approved  Februarj'^  twenty-fifth,  eighteen 
hundred  and  ninety-seven,  and  any  other  act  amendatory  thereof  or  supplemental 
thereto,  and  paid  into  said  state  treasury  pursuant  to  the  terms  of  said  act  or  acts. 
The  said  residue  shall  be  paid  to  the  directors  of  the  California  State  Agricultural 
Society  in  the  same  manner  as  in  section  one  of  this  act  provided,  and  the  state  con- 
troller is  hereby  ordered  and  directed  to  draw  the  necessary  warrants  therefor,  and 
the  state  treasurer  is  hereby  directed  to  pay  the  same. 

Pools,  betting  and  gambling  prohibited.    Penalty. 

§  6.  The  board  of  directors,  officers  and  employees  of  the  California  State  Agricul- 
tural Society  are  hereby  prohibited  from  permitting  any  person  or  persons,  or  any 
corporation,  within  the  grounds  or  premises  owned  by  or  under  the  control  of  the  said 
California  State  Agricultural  Society,  to  sell,  or  offer  for  sale,  buy,  or  offer  to  buy, 
issue,  or  offer  to  issue,  or  in  any  manner  dispose  of,  purchase,  or  acquire  any  interest 
in  any  pool,  or  in  any  pool  ticket,  certificate,  writing,  or  other  evidence  of  payment, 
acceptance  or  deposit  of  money,  or  other  thing  of  value,  staked  upon  the  result  of  any 
running,  pacing  or  trotting  race  or  contest  between  horses,  mares  or  geldings,  or  to 
make  any  bet  or  hazard  on  the  result  of  such  race  or  contest,  or  to  act  as  a  stakeholder 
of  any  bet  or  hazard  laid  on  the  result  of  any  such  race  or  contest,  or  to  receive  or 
pay  over  any  money  or  article  or  thing  of  value,  the  ownership  or  right  to  possession 
of  which  has  been,  is,  or  is  to  be  determined  bj'  any  such  race  or  contest,  or  to  permit 
any  gambling  or  gaming  prohibited  by  section  three  hundred  and  thirty  of  the  Penal 
Code  of  the  state  of  California.  And  every  person,  officer  and  employee  of  said  board 
of  directors  of  the  California  State  Agricultural  Society  permitting  any  of  the  acts 
herein  prohibited,  and  every  person  who  shall,  within  the  confines  of  the  land  and 
premises  of  the  said  California  State  Agricultural  Society,  sell,  or  offer  to  sell,  buy, 
or  offer  to  buy,  issue,  or  offer  to  issue,  or  in  any  manner  dispose  of,  purchase  or  acquire 
any  interest  in  any  pool,  or  in  any  pool  ticket,  certificate,  writing,  or  other  evidence 


3.1  AGRICULTrRE.  Act  66,  §§  1-3 

of  payment,  acceptance  or  deposit  of  money,  or  other  thing  of  value,  staked  upon  the 
result  of  any  running,  pacing  or  trotting  race  or  contest  between  horses,  mares  or 
geldings,  or  to  make  any  bet  or  hazard  on  the  result  of  such  race  or  contest,  or  to  act 
as  a  stakeholder  of  any  bet  or  hazard  laid  on  the  result  of  any  such  race  or  contest, 
or  receive  or  pay  over  any  money  or  article  or  thing  of  value,  the  ownership  or  right 
to  possession  of  which  has  been,  is,  or  is  to  be  determined  by  any  such  race  or  contest, 
or  to  permit  any  gambling  or  gaming  prohibited  by  section  three  hundred  and  thirty 
of  the  Penal  Code  of  the  state  of  California,  is  guilty  of  a  misdemeanor,  and  shall  be 
punishable  by  a  fine  of  not  less  than  one  hundred  dollars  nor  more  than  five  hundred 
dollars,  or  by  imprisonment  in  the  county  jail  not  exceeding  six  months. 

A.ppropriation,  when  payable. 

$  7.  Of  the  sum  of  money  appropriated  by  section  one  of  this  act,  the  sum  of  sixty 
thousand  dollars  shall  not  be  payable  to  the  said  directors  of  the  California  State 
Agricultural  Society,  and  the  appropriation  therefor  shall  not  be  available  until  the 
first  day  of  July,  nineteen  hundred  and  five. 

Repeal  of  conflicting  acts. 

5  8.     All  acts  and  parts  of  acts,  in  conflict  with  this  act,  are  hereby  repealed, 
$  9.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

Agricultural    park    and     buildings.  —  See,  post,  Act  70,  note. 

WOMAN'S  BUILDING. 

ACT  66 — An  act  authorizing  and  directing  the  directors  of  the  State  Agricultural 
Society  to  erect  a  new  building  and  to  furnish  and  equip  the  same,  at  Agricultural 
Park  in  the  city  of  Sacramento,  state  of  California,  to  he  known  as  the  woman 'a 
building,  and  making  an  appropriation  therefor. 

History:     Approved  May  17,  1915.     In  effect  August  8,  1915.     Stats. 
1915,  p.  441. 

Woman's  building,  State  Agricultural  Park. 

5 1.  The  directors  of  the  state  agricultural  society  are  hereby  authorized  anJ 
directed  to  erect,  furnish  and  equip,  pursuant  to  plans  prepared  by  the  state  depart- 
ment of  engineering,  at  Agricultural  Park  in  the  city  of  Sacramento,  woman's  build- 
ing so  arranged  and  equipped  as  to  be  suitable  for  the  display  of  women's  handiwork; 
also  for  the  display  of  fine  arts,  and  also  for  demonstrating  in  a  practical  way  the 
science  of  domestic  economy;  the  said  building  to  be  constructed  of  such  material  as 
will  render  it  practically  fireproof. 

Direction  of  department  of  engineering. 

§  2.  The  building  herein  provided  for  shall  be  ereoted  under  the  direction  and 
supervision  of  the  state  department  of  engineering  in  accordance  with  the  laws  govern- 
ing the  erection  of  state  buildings. 

Appropriation. 

§  3.  For  the  purpose  of  ca^^^^ng  out  the  provisions  of  this  act,  the  sum  of  thirty 
thousand  dollars  is  hereby  appropriated,  out  of  any  money  in  the  state  treasury  not 
otherwise  appropriated,  and  the  state  controller  is  hereby  directed  to  draw  his  war- 
rants from  time  to  time  as  the  work  progresses  up  to  full  amount  of  this  appropriation 
in  favor  of  the  person  authorized  by  law  to  receive  the  same,  and  the  state  treasurer 
is  hereby  directed  to  pay  the  same. 

Asrrloultnrnl     park     and     bnildlnRs.  —  Pee,   post,    Act   70,   note. 
Gen.  Laws — 3 


Acts  67-70,  §  1  GENERAL   LAWS.  34 

MACHINERY  HALL. 
ACT  67 — An  act  authorizing  and  directing  the  directors  of  the  State  Agricultural 
Society  to  erect  a  new  building  at  Agricultural  Park,  near  the  city  of  Sacramento, 
state  of  California,  to  be  known  and  designated  machinery  hall;  fixing  the  require- 
ments thereof  and  making  an  appropriation  therefor. 

History:     Approved  February  26,  1909,  Stats.  1909,  p.  83, 
This  act  appropriated  $30,000  for  the  purpose  indicated. 

DAIRY  BUILDINGS. 
ACT  68 — An  act  authorizing  and  directing  the  directors  of  the  State  Agricultural 
Society  to  construct  on  the  state  fair  grounds  at  Agricultural  Park,  near  the  city  of 
Sacramento,  state  of  California,  a  dairy  building  and  dairy  barns,  providing  for 
their  equipment  and  making  an  appropriation  therefor. 

History:     Approved  April  21,  1911,  Stats.  1911,  p.  1062. 
This  act  appropriated  $30,000  for  the  purpose  indicated. 

MEMORIAL  BUILDINGS. 
ACT  69 — An  act  authorizing  and  empowering  the  directors  of  the  state  board  of  agri- 
culture to  set  aside  a  site  and  to  grant  to  any  person  or  persons  the  right  and  privi- 
lege to  erect  in  the  state  fair  grounds  at  agricultural  park  in  the  city  of  Sacramento 
a  building  or  other  structure  as  a  memorial,  providing  for  the  approval  of  the  plana 
and  specifications  therefor  and  for  the  acceptance  and  maintenance  thereof. 

History:     Approved  June  2,  1913.     In  effect  August  10,  1913.     Stats. 
1913,  p.  364. 

jUfemorial  buildings  in  agricultural  park. 

§  1.  The  directors  of  the  state  board  of  agriculture  are  hereby  authorized  and 
empowered  to  set  aside  a  suitable  site  and  to  grant  to  any  person  or  persons  the  right 
and  privilege  to  erect  in  the  state  fair  grounds  at  agricultural  park  in  the  city  of  Sac- 
ramento a  suitable  building  or  other  structure  as  a  memorial  to  any  person,  who  during 
life,  was  identified  with  the  work  of  advancing  and  promoting  the  interests  of  the 
state  of  California.  The  plans  and  specifications  for  such  memorial  building  or  other 
structure  shall  be  approved  by  the  state  engineering  department  as  to  strength  of 
design  and  materials  and  by  the  directors  of  the  state  board  of  agriculture  before  the 
right  or  privilege  to  erect  the  same  shall  be  granted,  and  when  erected  and  accepted  by 
the  directors  of  the  state  board  of  agriculture,  such  building  or  other  structure  shall 
be  under  the  sole  control  and  direction  of  the  directors  of  the  state  board  of  agriculture 
the  same  as  other  buildings  in  said  state  fair  grounds,  and  shall  be  maintained  by  the 
state  of  California  as  an  integral  portion  of  the  said  state  fair  grounds. 

EXTENSION  OF  FAIR  GROUNDS. 
ACT  70 — An  act  appropriating  money  for  the  purchase  of  additional  land  for  the  state 
fair  grounds  in  the  city  of  Sacramento. 

History:     Approved  June  6,  1913.     In  effect  August  10,  1913.     Stats. 
1913,  p.  907. 

Appropriation:  additional  land.  Agricultural  Park,  Sacramento.    Title.    Deeds. 

§  1.  The  sum  of  nine  thousand  three  hundred  dollars  or  so  much  thereof  as  may  be 
necessary,  is  hereby  appropriated  out  of  any  money  in  the  state  treasury  not  otherwise 
appropriated  to  be  used  by  the  directors  of  the  State  Agricultural  Society  to  purchase 
additional  land  to  become  a  part  of  Agricultural  Pai'k  in  the  city  of  Sacramento,  said 
additional  land  comprising  eight  and  one-half  acres,  more  or  less,  of  land  adjoining  (he 
present  agricultural  park  on  the  south  side.  Title  of  the  land  so  purchased  shall  be 
taken  in  the  name  of  the  state  of  California  and  shall  have  the  approval  of  the  attor- 


J 


35  AGRICl'LTl'RE.  Acts  70a-70c 

ney  general.  The  deed  or  deeds  to  the  land  shall  be  delivered  by  the  owner  or  owners 
to  said  directors  upon  payment  of  the  purchase  price.  Said  deed  or  deeds  shall  be 
filed  in  the  oflSce  of  the  secretary  of  state. 

$  2.  The  state  controller  is  hereby  authorized  and  directed  to  draw  his  warrant  in 
favor  of  the  directors  of  the  State  Agricultural  Society  for  the  moneys  herein  appro- 
priated at  such  times  and  in  such  manner  as  the  expenditure  of  the  same  shall  be 
required  and  the  state  treasurer  is  hereby  directed  to  pay  said  warrants. 

Editor's  note:  The  first  step  in  the  acqui-  to  be  contributed  by  Sacramento  in  the  erec- 
sition  of  land  for  state  fair  purposes  was  tion  of  a  building,  to  be  known  as  the 
taken  by  the  legislature  of  1859.  An. act  State  Agricultural  and  Industrial  Exhibition 
was  approved  February  10,  1859  (Stats.  1859,  building,  on  a  site  in  the  Capitol  grounds 
p.  20),  submitting  to  the  people  of  Sacra-  east  of  the  Capitol.  On  March  14,  1907 
mento  a  proposition  to  appropriate  money  (Stats.  1907,  p.  2G4),  two  buildings  were 
for  the  purchase  of  suitable  ground  and  the  authorized,  the  "Agricultural  Pavilion"  and 
erection  of  appropriate  buildings  for  the  use  "Manufacturer's  Pavilion." 
of  the  State  Agricultural  Society  and  other  The  legislature  of  1913,  by  an  act  ap- 
purposes.  This  was  followed  April  24,  1861,  proved  June  7,  1913  (Stats.  1913,  p.  929), 
by  an  act  (Stats.  1861,  p.  228)  authorizing  submitted  to  the  people  a  proposition  to  is- 
the  condemnation  of  certain  streets  in  Sac-  sue  $750,000  bonds  for  the  extension  of  the 
ramento  for  the  same  purpose.  On  May  2,  state  fair  grounds,  the  erection  of  new  build- 
1861  (Stats.  1861,  p.  272),  an  appropriation  ings,  and  of  additions  to  old  buildings,  and 
of  $15,000  was  made  for  buildings.  Another  for  the  equipment  of  the  same,  and  the  gen- 
sum  of  $15,000  was  appropriated  March  26,  eral  improvement  and  beautification  of  the 
1874  (Stats.  1873-74,  p.  619),  for  the  purpose  grounds;  but  this  act  failed  of  ratification, 
of  erecting  a  grandstand.  On  March  9,  1883  Minor  appropriations  have  been  made 
(Stats.  1883,  p.  64),  the  sum  of  $40,000  was  from  time  to  time  for  minor  improvements, 
appropriated  to  be  used  with  a  like  amount 

IMPROVEMENT  OF  PARK  BY  DAY'S  WORK. 
ACT  70a — An  act  authorizing  and  directing  the  directors  of  the  State  Agricultural 
Society  to  make  arrangements  by  day's  work  or  by  contract,  for  leveling  and  plant- 
ing the  grounds,  and  painting  and  repairing  the  buildings,  at  the  State  Agricultural 
Park,  near  the  city  of  Sacramento,  state  of  California,  and  making  an  appropriation 
therefor. 

History:     Approved  February  6,  1909,  Stats.  1909,  p.  82. 
This  act  appropriated  $10,000  for  the  purpose  indicated. 

IMPROVEMENT  OF  PARK 
ACT  70b — An  act  authorizing  and  directing  the  directors  of  the  State  Agricultural 
Society  to  plow,  check  and  plant  the  infield,  grade  and  gravel  walks  and  drives,  park 
the  grounds,  improve  the  system  of  fire  protection,  and  contruct  public  conveniences 
on  the  state  fair  grounds,  at  Agricultural  Park,  near  the  city  of  Sacramento,  state  of 
California,  and  making  an  appropriation  therefor. 

History:     Approved  April  21,  1911,  Stats.  1911,  p.  1061. 
This  act  appropriated  $10,000  for  the  purpose  Indicated. 

RELIEF  OF  DIRECTORS  OF  SOCIETY. 
ACT  70c — An  act  to  reimburse  the  directors  of  the  State  Agricultural  Society  for  money 
advanced  to  meet  the  deficiency  in  the  funds  of  the  State  Agricultural  Society  during 
the  Bixtv-third  and  si:s:ty-fourth  fiscal  years  and  for  the  maintenance  of  the  state 
fair  grounds  during  said  fiscal  years. 

History:     Approved  June  8,  1913.    In  effect  August  10,  1913.    Stats, 
1913,  p.  878. 
Thla   act    appropriated    $15,337.26    for    the  purpose  indicated. 


Acts  71, 72,  gg  1-5  GENERAL  LAWS.  M 

n.  STATE  AGEICULTUEAL  SOCIETY. 
ACT  71.     Incorporation  of  Society. 

72,     Management  and  Control  of  Society. 

INCORPORATION  OF  STATE  AGRICULTURAL  SOCIETY. 

ACT  71 — An  act  to  incorporate  the  state  agricultural  society,  and  appropriate  money 
for  its  support. 

History:      Passed   May   13,    1854,    Stats.    1854,    p.    163.     Amended 

March  20,  1858,  Stats.  1858,  p.  80;  March  12,  1863,  Stats.  1863,  p.  50. 
Supplemented  March  12,  1863,  Stats.  1863,  p.  49;  April  13,  1863,  Stats. 
1863,  p.  259.  These  acts  were  continued  in  force  by  the  Political  Code: 
See  Kerr's  Cyc.  Political  Code,  §  2326. 

MANAGEMErs'T  AND  CONTROL  OF  STATE  AGRICULTURAL  SOCIETY. 

ACT  72 — An  act  to  provide  for  the  management  and  control  of  the  State  Agricultural 

Society  of  the  state. 

History:  Approved  April  15,  1880,  Stats.  1880,  p.  49.  Amended 
June  11,  1913.  In  effect  August  10,  1913.  Stats  1913,  p.  571;  May  29, 
1915.     In  effect  August  8,  1915.     Stats.  1915,  p.  949. 

Eights  of  State  Agricultural  Society  continued. 

§  1.  The  State  Agricultural  Society  is  hereby  declared  to  be  a  state  institution;  pro- 
vided, that  all  rights  and  privileges  which  have  heretofore  accrued  to  members  of  said 
society  under  its  rules,  either  through  pajnnents  made  or  by  services  rendered,  are 
hereby  recognized  and  continued.  [Amendment  of  May  29,  1915.  In  effect  August  8, 
1915.    Stats.  1915,  p.  949.] 

Board,  how  appointed.    Term  of  office.    Vacancies. 

I  $  2.  "Within  ten  days  after  the  passage  of  this  act,  the  governor  shall  appoint  twelve 
resident  citizens  of  the  state  who  shall,  when  organized,  constitute  a  state  board  of 
agriculture,  who  shall,  except  as  hereinafter  provided,  hold  office  for  the  term  of  four 
years,  and  until  their  successors  are  appointed  and  qualified.  Vacancies  occurring 
from  any  cause  in  the  board  shall  be  filled  by  appointment  of  the  governor  for  the 
unexpired  term  of  the  office  vacated. 

Qualification  and  organization.    Oflacers. 

§  3.  Within  ten  days  after  their  appointment,  the  persons  so  appointed  shall  qualify, 
as  required  by  the  constitution,  and  shall  meet  at  the  office  of  the  State  Agricultural 
Society  and  organize  by  the  election  of  one  of  their  number  as  president  of  the  board 
and  said  society,  who  shall  hold  said  office  of  president  for  the  term  of  one  year,  and 
until  his  successor  is  elected  and  qualified.  The  board  shall  also  elect  a  secretary  and 
treasurer,  not  of  their  number,  who  shall  each  hold  office  at  the  discretion  of  the 
board. 

Terms  of  office.    Fiscal  year. 

$  4.  At  the  same  meeting  the  members  of  the  board  shall,  by  lot  or  otherwise, 
classify  themselves  into  four  classes  of  three  members  each.  The  terms  of  office  of  the 
first  class  shall  expire  at  the  end  of  the  first  fiscal  year;  of  the  second  class,  of  the 
second  year;  of  the  third  class,  of  the  third  year;  of  the  fourth  class,  at  the  end  of 
the  full  term  of  four  years.  The  fiscal  year  shall  be  from  the  first  of  February  to  the 
first  of  February. 

Duties  of  state  board  of  agriculture.    Annual  fair.    May  he  suspended  during  year  of 

international  exposition. 

§  5.  The  state  board  of  agriculture  shall  be  charged  with  the  exclusive  management 
and  control  of  the  state  agricultural  society  as  a  state  institution;  shall  have  possession 


37  AGRICULTURE.  Act  72,  §§  6-9 

and  care  of  its  property  and  be  intrusted  with  the  direction  of  its  entire  business  and 
financial  affairs.  It  shall  define  the  duties  of  the  secretary  and  treasurer,  fix  their 
bonds  and  compensation,  and  shall  have  power  to  make  all  necessary  changes  in  the 
constitution  and  rules  for  the  society,  to  adapt  the  same  to  the  provisions  of  this  act 
and  to  the  management  of  the  society,  its  meetings  and  exhibitions.  It  shall  provide 
for  an  annual  fair  or  exposition  by  said  society  of  the  industries-  and  industrial  prod- 
ucts of  this  state*  and  commercial  products  exported  and  imjDorted  through  the  ports 
of  this  state  at  the  city  of  Sacramento  each  year;  provided,  that  in  any  year  during 
which  an  international  exposition  conducted  in  whole  or  in  part  under  the  auspices  of 
the  state  of  California  and  endorsed  by  the  United  States  government,  is  held  within 
the  state  of  California  and  the  state  board  of  agriculture  deems  it  inexpedient  to  hold 
a  state  fair,  the  funds  of  the  State  Agricultural  Society  for  that  year  only  may  be 
expended  in  co-operation  with  the  management  of  said  exposition  to  provide  for  a 
proper  exploitation  of  the  industries  of  California  at  such  exposition;  provided,  fur- 
ther, that  in  no  event  shall  the  state  be  liable  for  any  premium  awarded  or  debt  cre- 
ated by  the  said  state  board  of  agriculture;  provided,  further  that  the  collections  and 
receipts  from  sources  other  than  state  appropriations,  shall  be  reported  monthly  by  the 
secretary  to  the  controller  of  state,  and  shall  be  paid  to  the  state  treasury.  Such 
receipts  shall  be  credited  to  the  State  Agricultural  Society  contingent  fund,  which  is 
hereby  created,  and  shall  be  solely  for  the  use  of  the  society.  [Amendment  of  May  29, 
1915.    In  effect  August  8,  1915.    Stats.  1915,  p.  949.] 

This  section  was  also  amended  June  11    1913,  Stats.  1913,  p.  571. 

Same. 

$  6.  The  board  shall  have  power  to  appoint  all  necessary  marshals  and  police  to 
keep  order  and  preserve  peace  at  the  annual  fairs  of  the  society,  and  the  officers  so 
appointed  shall  be  vested  with  the  same  authority  for  the  preservation  of  order  and 
peace,  on  the  grounds  and  in  the  buildings  of  the  society,  that  executive  peace  officers 
are  vested  with  by  law. 

Collection  and  dissemination  of  knowledge.    Report  to  governor. 

$  7.  Said  board  shall  use  all  suitable  means  to  collect  and  disseminate  all  kinds  of 
information  calculated  to  educate  and  benefit  the  industrial  classes,  develop  the 
resources,  and  advance  the  material  interests  of  the  state,  and  shall,  on  or  before  the 
first  day  of  February  of  each  year,  report  to  the  governor  a  full  and  detailed  account 
of  their  trans.actions,  statistics,  and  information  gained,  and  also  a  full  financial  state- 
ment of  all  funds  received  and  disbursed.  They  shall  also  make  such  suggestions  and 
recommendations  as  experience  and  good  policy  may  dictate  for  the  improvement  and 
advancement  of  the  agricultural  and  kindred  industries. 

Printing  reports. 

$  8.  The  superintendent  of  state  printing  shall,  each  year,  print  and  bind  in  cloth 
four  thousand  volumes  of  said  transactions,  and  deliver  the  same  to  said  board  of 
agriculture  for  distribution  and  exchange.  He  shall  also  do  such  job  printing  as  said 
board  may  require  to  carry  out  the  i:)rovisions  of  this  act. 

County  and  district  agricultural  societies.     Reports  of. 

$9.  The  directors  or  boards  of  managers  of  each  county  and  district  agricultural 
society  or  association,  and  of  each  county,  district,  or  state  horticultural  and  stock- 
breeding  association  or  society,  organized  and  acting  under  the  laws  of  this  state, 
shall  report  annually,  on  or  before  the  first  day  of  April,  to  the  state  board  of  agri- 
culture, the  name  and  post-office  address  of  each  officer  of  such  society  or  association; 
and  on  or  before  the  first  day  of  December  shall  report  to  said  board  of  agriculture 
the  transactions  of  said  society,  including  the  premiums  offered,  the  list  of  stock  and 


Act  72,  §§  10-12 


GENERAL,   LAAVS. 


articles  exhibited,  and  the  premiums  paid;  the  amount  of  receipts  and  expenditures 
for  the  year,  the  new  industries  inaugurated,  and  any  and  all  facts  and  statistics 
showing  the  development  and  extent  of  the  industries,  products,  and  resources  of  the 
county  or  district  embraced  within  the  management  of  such  society  or  association; 
provided,  that  the  provisions  of  this  act  shall  not  apply  to  any  board  of  commissioners 
or  other  body  organized  under  the  laws  of  this  state  the  object  of  which  is  to  promote 
vitieultural  industries,  unless  such  board  or  body  shall  voluntarily  request  the  privi- 
lege of  making  such  reports  as  are  called  for  by  this  act,  in  which  case  such  board 
or  body  shall  enjoy  equal  privileges  as  are  accorded  to  other  institutions  devoted  to 
agriculture. 

State  board  to  furnish  blanks. 

§  10.  To  facilitate  such  reports,  the  state  board  of  agriculture  shall  have  prepared 
and  shall  furnish  such  societies  with  necessary  schedules  and  blanks  for  such  reports, 
and  said  state  board  shall  include  such  reports  from  societies  and  associations,  or  so, 
much  thereof  as  they  may  deem  advisable,  in  their  report  to  the  governor. 

Secretaiy  to  report  organization  and  classification  and  to  report  vacancies. 

§  11.  "VVTien  said  state  board  of  agriculture  shall  have  been  organized  and  classified 
as  provided  herein,  the  secretary  of  the  board  shall  report  such  organization  and 
classification  to  the  governor.  He  shall  also  report  any  vacancy  that  may  occur  in 
said  board  at  any  time. 

§  12.     All  laws  and  parts  of  laws  in  conflict  with  this  act  are  hereby  repealed. 

Evidence  —  Report  of  State  Agricultural 
Society  constitutes  legal  evidence,  but  not 
conclusive,  of  the  facts  stated  therein  as  to 
the  products  of  the  state  and  its  subdivi- 
sions.— Vallejo,  etc.,  Co.  v.  Reed  Orchard 
Co.,  169  Cal.  545,   572,  147  Pac.  238. 

Same — l^aine — Public  document. — The  re- 
port of  the  State  Agricultural  Society,  when 
printed  by  order  of  the  board  of  examiners 
is  a  public  document,  and  admissible  in  evi- 
dence as  such. — Vallejo,  etc.,  Co.  v.  Reed 
Orchard  Co.,   169  Cal.   545,   571,   147   Pac.    238. 

Same  —  State  institution. — The  State  Ag- 
ricultural Society  became  and  remained  a 
state  institution  upon  and  after  the  enact- 
ment of  the  act  of  1880  (Stats.  1880,  p.  49). 
— Melvin  v.  State,  121  Cal.  16,  53  Pac.  416. 

Same — Same — I/iability  of  state. — The  act 
of  1880  (Stats.  1880.  p.  49)  is  construed  as 
intended  to  hold  the  state  free  from  liabil- 
ity for  obligations  incurred  by  the  state 
board  of  agriculture  for  debt  calling  di- 
rectly or  indirectly  for  the  payment  of 
money. — Melvin  v.  State,  121  Cal.  16,  53  Pac. 
416. 

Same — Same — Report. — The  State  Agricul- 
tural Society  is  a  state  institution,  and 
among  its  duties,  prescribed  by  law,  is  that 
of  collecting  information  and  statistics  re- 
lating to  the  agricultural  resources  and  ma- 
terial interests  of  the  state,  and  making  a 
report  of  the  same  to  the  governor. — Vallejo, 


etc.,  Co.  V.  Reed  Orchard  Co.,  169  Cal.  545. 
571,  147  Pac.  238. 

State  fair — Admission  fee.— Po^ver  of  state 
board  of  agriculture  to  charge  an  admission 
fee  is  implied  from  the  power  to  provide  an 
annual^  fair,  and  make  needful  rules,  given 
to  the  state  board  of  agriculture,  and  it 
does  not  follow  that  the  society  is  organ- 
ized for  gain,  or  for  pecuniary  profit  to  the 
state. — Melvin  v.  State,  121  Cal.  16,  53  Pac. 
416. 

Same — Horse  races.  —  No  provision  has 
been  made  for  horse  races,  and  the  state 
has  discouraged  them  by  falling  to  appro- 
priate for  them. — Melvin  v.  State,  121  Cal. 
16,  53  Pac.  416. 

Same — As  agency  of  state. — See  17  L.  R.  A. 
383. 

Same  —  As  private  corporation.  —  See  12 
L.  R.  A.  664. 

Same — Gaming  on. — See  Act  65. 

Same — PubMc  character. — See  29  L.  R.  A. 
708. 

Same — Public  institution. — The  "California 
State  Agricultural  Society"  formed  under 
the  act  of  1854  (Stats.  1854,  p.  56),  was  not 
a  public  institution. — People  ex  rel.  Post  v. 
San  Joaquin,  etc..  Association,  151  Cal.  '797, 
91   Pac.  740. 

See,  also,  Melvin  v.  State,  121  Cal.  16,  53 
Pac.  416. 


J8  AGRICULTLRE.  Acts  73,  74,  8  1 

III.     COUNTY  AND  DISTRICT  AGRICULTUEAL  SOCIETIES  AND  ASSOCIATIONS. 

ACT  73.     Incorporation  of  Societies. 
74.     Sale  of  Society  Lands. 

INCORPORATION  OF  COUNTY  AND  DISTRICT  SOCIETIES. 
ACT  73 — An  act  concerning  agricultural  societies. 

History:  Approved  March  12,  1859,  Stats.  1859,  p.  104.  Amended 
March  5,  1862,  Stats.  1862,  p.  37;  .Tanuary  31,  1870,  Stats.  1869-70,  p.  31; 
February  15,  1878,  Stats.  1877-78,  p.  84. 

This    act    provided    for    the    formation    of  public  corporation  such  as  are  societies  or- 

agricultural  societies  by  any  seven  or  more  ganized  under  tlie  act  of  1880,  and  its  lands 

persons  and   for   their   powers   and   govern-  may    be    sold    under    execution.— Denike    v. 

ment. — See  Denike  v.  Santa  Clara  V.  A.  Soc,  Santa  Clara,    etc.,   Soc,    9   Cal.  App.    228,    98 

9  Cal.  App.  228,  98  Pac.  687,  689.  Pac.  687. 

Agricultural  fair  association. — See   Kerr's  Encouragement  of  agriculture. — The   leg- 

Cyc.  Civil  Code,  §§  620,  et  seq.  islature  made  appropriations   from   time   to 

District  agricultural  societies — Not  public  time  to  a  number  of  societies  formed  under 

agencies. — Agricultural  societies  formed  un-  this  act  for  the  payment  of  premiums. — See 

der  the  act  of  1859  were  not  state  institu-  act  of  April  25,   1862,  Stats.   1862,  p.   415;  of 

tions. — People  ex  rel.   Post  v.   San   Joaquin,  March     21,     1872,     Stats.     1871-72,     p.     442; 

etc..  Association,  151  Cal.  797,  91   Pac.  740.  IVTarch   18,   1878,   Stats.  1877-78,  p.   332. 

Same— Not  public  corporations-^Power  to  Non-profit    agricultural    associations. — Sea 

•ell    lands. — A   district    agricultural    society  Kerr's  Cyc.  Civil  Code,  §§  653m,  et  seq. 
organized    under    the    act   of    1859    is    not   a 

SALE  OF  SOCIETY  LANDS. 
ACT  74 — An  act  to  authorize  state  agricultural  societies  under  the  control  of  the  state 
to  sell  property  held  hy  them  in  fee,  or  held  by  trustees  for  their  use,  or  in  which 
they  may  have  any  interest;  to  prescribe  a  course  of  procedure  therefor;  to  indem- 
nify purchasers  at  such  sale,  and  to  direct  how  the  proceeds  shall  be  applied. 

History:  Approved  February  25,  1897,  Stats.  1897,  p.  30.  Amended 
March  16,  1899,  Stats.  1899,  p.  106. 

State  agricultural  societies  may  sell  real  estate;  manner  of  procedure. 

$  1.  Whenever  any  State  Agricultural  Society  under  state  control  shall  desire  to  sell 
the  whole  or  any  portion  of  its  real  estate  held  by  it  in  fee,  or  by  a  trustee  for  its  use, 
or  in  which  it  may  have  any  title,  interest,  or  claim,  it  shall  be  lawful  for  such  society 
or  association  to  file  its  complaint  in  the  superior  court  of  the  county  in  which  such 
lands  are  situated,  setting  forth  the  nature  of  the  title  under  which  the  land  to  be 
affected  by  the  decree  of  the  court  is  held,  and  what  claim  such  society  or  association 
has  therein;  and  that  it  is  the  desire  of  such  society  or  association  to  sell  such  real 
estate,  and  praying  for  judgment  authorizing  it  to  sell  the  same.  In  such  action  the 
trustee  or  trustees  holding  title  in  trust  for  such  society  or  association,  or  their  suc- 
cessors, or  the  survivor  or  survivors  of  them,  or  such  other  persons  deriving  title  from 
the  trustees,  as  the  case  shall  require,  shall  be  made  parties  defendant;  and  upon  the 
service  of  the  summons  upon  such  defendants  personally  or  by  publication,  or  upon 
their  appearance,  the  court  shall  have  full  jurisdiction  in  the  premises.  Such  society 
or  association  may  include  as  defendants  in  such  action  in  addition  to  such  persons  or 
parties  as  appear  of  record  to  have,  and  other  persons  or  parties  who  are  known  to 
have,  some  claim  in  or  lien  on  the  lands  described  in  the  complaint;  also  all  other  per- 
sons or  parties  unknown,  claiming  anj'  right,  interest,  or  lien  in  such  land,  and  the 
plaintiff  may  describe  such  defendants  in  the  complaint  as  follows : 

"Also  all  other  persons  or  parties,  unknown,  claiming  any  right,  title,  estate,  lien  or 
interest  in  the  real  estate  described  in  the  complaint  herein. '  *  Service  of  the  summons 
may  be  had  upon  all  such  unknown  persons  or  parties  defendant  by  publication,  as  pro- 
vided by  law  in  case  of  nonresident  defendants.  All  such  unknown  persons  or  parties 
so  served  shall  have  the  same  rights  as  are  provided  by  law  in  case  of  all  the  other 
defendants  upon  whom  service  is  made  by  publication  or  personally  and  the  action  shall 


Act  74,  §  1  GENERAL.  I.AAVS.  4« 

proceed  against  such  unknown  persons  or  parties  in  tlie  same  manner  as  against  the 
defendants  who  are  named,  upon  whom  service  is  made  by  publication,  and  with  like 
effect;  and  any  such  unknown  persons  or  parties  who  have  or  claim  any  right,  estate, 
lien,  or  interest  in  the  said  property  in  controversy  at  the  time  of  the  commencement  of 
the  action,  duly  served  as  aforesaid,  shall  be  bound  and  concluded  by  the  judgment  in 
Buch  action  as  effectually  as  if  the  action  was  brought  against  such  defendant  by  his  oi 
her  name,  and  personal  service  of  the  summons  obtained,  notwithstanding  any  such 
unknown  person  may  be  under  legal  disability.  The  court  shall  have  full  power  and 
authority  to  order  the  property  sold.  In  case  of  a  sale,  the  court  shall  appoint  a  com- 
missioner to  make  the  sale,  and  shall  direct  the  manner  in  which  the  sale  shall  be 
conducted;  provided,  that  when  any  property  is  held  in  trust  by  any  such  agricultural 
society  or  association,  such  property  held  in  trust  shall  be  sold  separately  from  any 
that  may  be  held  in  fee.  The  commissioner  shall  make  a  report  of  sale  to  the  court, 
which,  after  such  notice  as  it  may  deem  proper,  shall  proceed  to  hear  the  same,  and  if  it 
finds  that  the  sale  was  fairly  conducted,  and  the  price  bid  was  proportionate  to  the 
value  of  the  land  sold,  it  shall  make  and  enter  a  decree  confirming  the  sale,  and  direct- 
ing the  commissioner  to  execute  a  deed  to  the  purchaser.  The  deed  executed  by  said 
commissioner,  under  and  in  pursuance  of  the  decree  of  the  court,  shall  be  valid  and 
effectual  to  convey  to  the  purchaser  an  absolute  title  in  fee  simple  to  the  premises; 
provided,  however,  that  before  the  filing  of  any  such  complaint  in  the  superior  or  any 
other  court,  it  shall  be  necessary  for  such  agricultural  society,  or  any  person  or  corpo- 
ration claiming  the  title  to  such  land,  to  prepare,  sign,  and  properly  acknowledge  a  good 
and  sufficient  deed  or  deeds  sufficient  to  vest  in  the  state  all  title,  interest,  or  claim 
which  such  society  may  have  in  and  to  any  land  to  be  affected  by  the  proceedings  hereby 
authorized  to  be  instituted ;  such  deed  or  deeds  to  be  conditioned  that  the  title,  claim,  or 
interest  of  such  society  embraced  in  such  deed  or  deeds  shall  be  held  by  the  state  of 
California  in  trust  for  the  benefit  of  such  society;  which  said  deed  or  deeds  shall  be 
deposited  with  the  state  treasurer,  to  be  by  him  held  in  escrow  pending  the  final  con- 
clusion of  such  proceedings  in  such  court.  If  the  court  in  which  such  proceedings  are 
had  shall  order  such  land  to  be  sold,  as  herein  provided  for,  the  state  treasurer  shall 
forthwith  file  such  deed  or  deeds  with  the  county  recorder  of  the  county,  or  city  and 
county,  in  which  such  land  is  located.  If  there  be  any  liens  upon  or  claims  against  the 
property,  the  court  shall  order  them  paid  out  of  the  proceeds  of  sale.  The  residue 
remaining,  after  paying  the  costs  and  expenses  of  sale  and  such  liens  and  claims  against 
the  property  as  the  court  may  order  paid,  shall  be  paid  into  the  state  treasury,  where  it 
shall  remain  until  required  for  the  purchase  of  other  property  for  the  use  of  such 
society  or  association,  upon  the  order  of  the  state  controller;  and  it  shall  be  drawn 
therefrom  only  upon  authorization  passed  by  the  board  of  directors  or  trustees  of  such 
society  or  association,  by  and  with  the  approval  of  the  state  board  of  examiners,  and 
upon  warrants  duly  drawn  by  the  state  controller.  If,  through  any  defects  in  the  pro- 
ceedings, or  otherwise,  the  title  should  not  pass,  the  state  will  indemnify  the  purchaser 
by  repaying  to  him  the  amount  paid  by  him;  provided,  such  purchaser  or  purchasers 
shall  file  their  claim  or  claims  for  the  repayment  of  such  purchase  price  with  the  state 
board  of  examiners  within  five  years  after  the  payment  of  such  purchase  price  to  the 
state  treasurer  in  the  first  instance.  The  surplus  of  proceeds  of  sale,  paid  into  the  state 
treasury,  shall  be  drawn  out  on  certificate,  signed  by  a  majority  of  the  directors,  or 
governing  body  of  such  society  or  association,  and  also  of  the  state  board  of  examiners, 
stating  that  it  is  desired  for  the  payment  for  other  property  for  the  use  of  such  agricul- 
tural society;  and  upon  receipt  of  such  certificate,  the  treasurer  shall  pay  to  the  said 
directors,  or  governing  body,  or  person  designated  by  them,  all  or  such  part  of  such  sur- 
plus as  may  be  required  for  the  purchase  of  other  property ;  provided,  however,  that  if 
all  or  any  portion  of  the  real  estate,  and  the  improvements  thereon  held  by  any  state 
agriciiltural  society  under  state  control,  shall  have  been  acquired  in  the  name  of  such 


41  AGRICULTURE.  Act  74,  88  *-* 

society,  or  of  any  person,  association,  or  corporation,  in  trust,  for  the  use  of  said,  or 
any  other  agricultural  society,  originally,  or  at  any  time,  by  the  use  of  money  derived 
from  taxation  of  the  taxable  property  of  any  city  and  county,  county,  or  city,  then, 
and  in  that  event,  the  surplus  proceeds  of  any  sale  of  such  property  shall  be  invested 
in  other  real  estate,  within  the  same  county,  or  city  and  county,  for  the  same  purpose, 
and  not  otherwise,  or  elsewhere.  It  is  expressly  provided  that  in  no  event  shall  the 
state  be  liable  for  the  payment  of  any  expense,  interest,  or  attorneys'  fees,  incurred 
by  any  one,  on  any  account,  by  or  on  behalf  of  any  such  agricultural  society  in  their 
behalf;  and  it  shall  be  incumbent  on  such  society  to  make  provision  for  the  payment  of 
the  expenses,  costs,  attorneys'  fees,  and  any  interest  that  may  be  necessary  to  be  paid 
any  purchaser,  by  reason  of  repayment  of  any  purchase  money  on  account  of  failure 
of  title  to  such  lands;  such  provision  for  the  payment  of  expenses,  attorneys'  fees,  costs, 
and  anticipated  interest  to  be  provided  for  prior  to  the  issue  of  any  summons,  or  order 
of  publication  in  any  action  contemplated  by  this  act.  [Amended  March  16,  1899. 
Stats.  1899,  p.  106.] 

Exchange  of  real  estate  by  state  agricultural  societies. 

§  2,  If  any  real  estate  contemplated  in  the  preceding  section,  purchased  by  the  pro- 
ceeds of  taxes  levied  upon  and  collected  from  the  taxable  property  of  any  city  and 
county,  county,  or  city,  shall  have  been  ordered  sold,  as  in  said  section  provided,  and 
shall  have  been  offered  for  sale  in  the  mode  therein  specified,  for  a  period  of  sixty  days 
or  more,  and  not  all  sold  for  want  of  an  adequate  price,  the  board  of  directors,  or  gov- 
erning body  of  such  society  or  association,  shall  be,  and  they  are  hereby  authorized  and 
empowered  to  exchange  all  or  any  part  of  such  real  estate  for  other  land  suitable  for  the 
use  of  such  society,  or  association,  within  the  same  county,  or  city  and  county,  upon  such 
terms  as  may  be  reasonable  and  just,  and  the  deed  or  deeds  executed  for  the  conveyance 
of  such  real  estate  in  exchange  shall  be  executed  by  the  board  of  directors  of  such 
society  or  association,  or  a  majority  thereof,  and  by  the  commissioner  appointed  in  the 
proceedings  provided  for  in  the  preceding  section  for  the  sale  of  such  property,  and 
such  exchange  of  property  shall  be  subject  to,  and  with  the  approval  of  a  judge  of  the 
superior  court  of  the  county,  or  city  and  county,  in  which  the  proceedings  provided  for 
were  had.    [New  section  added  March  16,  1899.    Stats.  1899,  p.  108.] 

Same. 

§  3.  In  case  of  the  exchange  of  any  portion  such  property,  as  provided  for  in  sec- 
tion 2  thereof,  the  real  estate  received  in  such  exchange  shall  be  subject  to  the  indemni- 
fication of  any  person  who  shall  receive  any  of  the  said  real  estate  of  said  agricultural 
society  in  such  exchange  in  case  of  any  defect  in  the  proceedings,  or  otherwise,  whereby 
the  title  to  such  real  estate  of  such  society  should  not  pass,  and  in  such  case  of  exchange 
the  state  of  California  shall  be  absolved  from  any  obligation  to  pay  any  part  of  any 
purchase  price,  or  value  of  exchanged  property;  provided,  further,  that  no  claims  for 
failure  of  title  for  any  reason  shall  be  entertained  after  five  years  from  the  date  of  such 
exchange.    [New  section  added  March  16,  1899.    Stats.  1899,  p.  109.] 

$  4.     This  act  shall  take  effect  immediately  from  and  after  its  passage. 


Act  74a,  g  1  GENERAL,   LAWS.  42 

rV.     AGEICULTUEAL   DISTRICTS. 

ACT  74a.  District  Act  of  1909. 
74b.  Land  Leasing  Act. 

DISTRICT  ACT  OF  1909. 
ACT  74a — An  act  to  form  agricultural  districts,  to  provide  for  the  formation,  organiza- 
tion and  powers,  of  agricultural  associations  therein  and  for  the  management  and 
control  of  the  same  by  the  state,  and  repealing  all  acts  and  portions  of  acts  in  con- 
flict with  this  act. 

History:  Approved  April  17,  1909,  Stats.  1909,  p.  979.  Foimer  acts 
superseded  or  repealed:  Act  of  April  15,  1880,  Stats.  1880,  p.  62; 
March  20,  1891,  Stats.  1891,  p.  138;  March  31,  1897,  Stats.  1897,  p.  304. 

Agricultural  districts,  numbers  of. 

§  1.  The  several  counties  of  this  state  are  divided  and  classified  into  agricultural 
districts,  and  numbered  as  follows,  to  wit : 

The  counties  of  San  Francisco  and  Alameda  shall  constitute  agricultural  district  No.  1. 

The  county  of  San  Joaquin  shall  constitute  agricultural  district  No.  2. 

The  county  of  Butte  shall  constitute  agricultural  district  No.  3. 

The  counties  of  Sonoma  and  Marin  shall  constitute  agricultural  district  No.  4. 

The  counties  of  San  Mateo  and  Santa  Clara  shall  constitute  agricultural  district  No.  5. 

The  county  of  Los  Angeles  shall  constitute  agricultural  district  No.  6. 

The  county  of  Monterey  shall  constitute  agricultural  district  No.  7. 

The  county  of  El  Dorado  shall  constitute  agricultural  district  No.  8. 

The  county  of  Humboldt  shall  constitute  agricultural  district  No.  9. 

The  county  of  Siskiyou  shall  constitute  agricultural  district  No.  10. 

The  counties  of  Plumas  and  Sierra  shall  constitute  agricultural  district  No.  11;  pro- 
vided, that  the  first  fair  held  in  the  eleventh  agricultural  district  after  the  passage  of 
this  act  shall  be  held  in  Sierra  county;  the  next  fair  in  Plumas  county,  and  thereafter 
said  counties  shall  so  alternate  in  holding  such  fairs. 

The  counties  of  Lake  and  Mendocino  shall  constitute  agricultural  district  No.  12, 

The  counties  of  Sutter  and  Yuba  shall  constitute  agricultural  district  No.  13. 

The  county  of  Santa  Cruz  shall  constitute  agricultural  district  No.  14. 

The  county  of  Kern  shall  constitute  agricultural  district  No.  15. 

The  county  of  San  Luis  Obispo  shall  constitute  agricultural  district  No.  16. 

The  county  of  Nevada  shall  constitute  agricultural  district  No.  17. 

The  counties  of  Mono,  Inyo,  and  Alpine  shall  constitute  agricultural  district  No.  18. 

All  that  portion  of  Santa  Barbara  county  lying  east  of  the  Gaviota  and  south  of  the 
Santa  Ynez  mountains,  shall  constitute  agricultural  district  No.  19. 

The  county  of  Placer  shall  constitute  agricultural  district  No.  20. 

The  counties  of  Fresno  and  Madera  shall  constitute  agricultural  district  No.  21. 

The  countj'^  of  San  Diego  shall  constitute  agricultural  district  No.  22. 

The  county  of  Contra  Costa  shall  constitute  agricultural  district  No.  23. 

The  counties  of  Tulare  and  Kings  shall  constitute  agricultural  district  No.  24. 

The  county  of  Napa  shall  constitute  agricultural  district  No.  25. 

The  county  of  Amador  shall  constitute  agricultural  district  No.  26. 

The  counties  of  Shasta  and  Trinity  shall  constitute  agricultural  district  No.  27. 

The  counties  of  San  Bernardino  and  Riverside  shall  constitute  agricultural  district 
No.  28. 

The  county  of  Tuolumne  shall  constitute  agricultural  district  No.  29. 

The  county  of  Tehama  shall  constitute  agricultural  district  No.  30. 

The  county  of  Ventura  shall  constitute  agricultural  district  No.  31. 


43  AGRICUL-TUREJ.  Act  74a,  §8  2-5 

The  county  of  Orange  shall  constitute  agricultural  district  No.  32. 
The  county  of  San  Benito  shall  constitute  agricultural  district  No.  33. 
The  county  of  Modoc  shall  constitute  agricultural  district  No.  34. 
The  counties  of  Merced  and  Mariposa  shall  constitute  agricultural  district  No.  35. 
The  county  of  Solano  shall  constitute  agricultural  district  No.  36. 
All  that  portion  of  Santa  Barbara  county  not  included  in  agricultural  district  No.  19 
shall  constitute  agricultural  district  No.  37. 

The  county  of  Stanislaus  shall  constitute  agricultural  district  No.  38. 
The  county  of  Calaveras  shall  constitute  agricultural  district  No.  39. 
The  county  of  Yolo  shall  constitute  agricultural  district  No.  40. 
The  county  of  Del  Norte  shall  constitute  agricultural  district  No.  41. 
The  county  of  Glenn  shall  constitute  agricultural  district  No.  42, 
The  county  of  Lassen  shall  constitute  agricultural  district  No.  43. 
The  county  of  Colusa  shall  constitute  agricultural  district  No.  44. 
The  county  of  Imperial  shall  constitute  agricultural  district  No.  45. 

Formation  of  associations. 

$  2.  Any  fifty  or  more  persons  residents  of  a  majority  of  the  counties  embraced 
within  any  of  the  above  districts  may  form  an  association  for  the  purpose  of  holding 
fairs,  expositions  and  exhibitions  of  all  of  the  industries  and  industrial  enterprises;, 
resources  and  products  of  every  kind  or  nature  of  the  state  with  a  view  of  improving, 
exploiting,  encouraging  and  stimulating  the  same. 

Of&cers. 

$  3.  The  officers  of  such  association  shall  consist  of  eight  directors  to  be  appointed 
by  the  governor  of  the  state  of  California  who  shall  constitute  a  district  board  of  agri- 
culture for  said  district;  provided,  however,  where  two  or  more  counties  shall  constitute 
an  agricultural  district,  each  county  shall  be  represented  in  the  district  board  of  direc- 
tors by  at  least  two  resident  citizens,  as  directors  in  said  board ;  provided,  that  when  by 
reason  of  the  formation  of  a  new  agricultural  district,  a  director  of  one  district  becomes 
a  resident  of  another,  his  term  of  office  as  director  will  expire  in  sixty  days  after  the 
formation  of  the  new  agricultural  district. 

Appointment  of  directors. 

§  4.  After  the  formation  of  an  agricultural  association  within  any  of  the  districts 
above  constituted  in  accordance  with  the  provisions  of  this  act,  and  notice  of  such 
formation  to  the  governor,  the  governor  shall  appoint  eight  resident  citizens  of  such 
district  as  members  of  a  district  board  of  agriculture  for  said  district  whose  term  of 
office  shall  be  four  years,  except  as  hereinafter  provided ;  and  thereafter  there  shall  be 
two  members  of  said  board  appointed  in  the  same  manner  every  year  whose  term  of 
office  shall  continue  four  years,  and  until  their  successors  are  appointed  and  qualified. 

Terms  of  office. 

§  5.  Within  ten  days  after  their  appointment  the  members  of  the  board  shall,  by  lot 
or  otherwise,  classify  themselves  into  four  classes  of  two  members  each.  The  term  of 
office  of  the  first  class  shall  expire  at  the  end  of  the  first  fiscal  year,  the  second  class  at 
the  end  of  the  second  fiscal  year,  the  third  class  at  the  end  of  the  third  fiscal  year  and 
the  fourth  class  at  the  end  of  the  fourth  fiscal  year;  provided  that  all  officers  of  agri- 
cultural districts  now  in  office,  under  any  law  heretofore  passed,  shall  hold  office  for  the 
term  for  which  they  were  appointed,  except  in  cases  specified  in  section  3  of  this  act. 
And  the  agricultural  associations  heretofore  established  shall  be  continued  in  force  and 
are  made  asrrieultural  associations  under  this  act. 


Act  74n,  §§  6-9  GBNE^RAL   LAW'S.  44 

Organization. 

§  6.  The  fiscal  year  shall  be  from  December  1st  to  December  1st,  and  the  persons  so 
appointed  shall  qualify  as  required  by  the  constitution,  and  shall  meet  at  a  place  within 
the  district  and  organize  by  the  election  of  one  of  their  number  as  president  of  the 
board,  who  shall  hold  said  office  of  president  one  year  and  until  his  successor  is  elected; 
they  shall  also  elect  a  secretary  and  treasurer  not  of  their  number. 

Name  of  association,  and  powers. 

§  7.  Each  association  so  formed  and  organized  is  hereby  declared  and  shall  be  recog- 
nized as  a  state  institution,  and  shall  be  known  and  designated  by  the  name  of 

district  agricultural  association,  and  by  such  name  and  style  shall  have  perpetual  suc- 
cession and  shall  have  power  to  contract,  to  sue  and  to  be  sued,  to  have  a  seal,  to  pur- 
chase, to  hold  and  lease  real  estate  and  personal  property,  and  may  sell,  lease,  beautifj^ 
improve  and  dispose  of  the  same,  and  do  any  and  all  acts  and  things  necessary  to  carry 
out  the  objects  and  purposes  for  which  said  associations  are  formed;  and  the  board  so 
appointed  and  qualified  shall  have  the  exclusive  control  and  management  of  such  insti- 
tution, for  and  in  the  name  of  the  state,  and  shall  have  possession  and  care  of  all  the 
property  of  the  association  and  shall  fix  the  term  of  office  and  the  bonds  of  the  secretary- 
and  treasurer  and  determine  their  salaries  and  duties.  They  shall  have  the  power  to 
make  all  necessary  by-laws,  rules  and  regulations  for  the  government  of  the  association 
and  the  management  of  its  prudential  and  financial  affairs.  They  may  provide  for  a 
fair,  exposition  or  exhibition  by  the  association  of  all  industries  and  industrial  products 
in  the  district  or  state,  at  such  time  and  place  as  they  deem  advisable;  provided,  thai 
the  state,  shall  in  no  event,  be  liable  for  any  premium  offered  or  award  made,  or  on 
account  of  any  premium  offered  or  award  made,  or  on  account  of  any  contract  made  by 
any  district  board  of  agriculture  or  agricultural  association ;  provided  however,  that  any 
such  agricultural  association  having  a  speedway  or  race  course  upon  any  lands  owned 
by  it,  or  under  its  control,  shall  maintain  the  same  for  the  purpose  of  holding  speed 
contests  and  training  and  speeding  horses  thereon. 

Advances  from  state  association. 

<5  8.  Whenever  such  association  shall  have  been  formed  within  any  of  the  districts 
provided  for,  and  it  is  proposed  to  hold  an  agricultural  fair  in  said  district,  the  secre- 
tary of  the  board  of  directors  of  the  district,  shall  notify  the  state  board  of  agriculture 
of  the  said  intention,  and  shall  also  forward  to  the  board  of  agriculture  a  list  of  the 
articles  upon  which  premiums  are  to  be  paid  and  the  amount  upon  each  item,  and  the 
said  board  shall  have  the  power  to  advance  to  said  association  a  sum  not  exceeding  five 
thousand  dollars  (5,000)  to  pay  said  premiums  out  of  any  money  that  may  have  been 
appropriated  to  the  said  State  Agricultural  Society  for  that  purpose,  and  which  may  at 
the  time  be  available;  provided,  however,  that  no  one  district  shall  receive  such  aid  for 
more  than  one  fair  in  any  one  year. 

State  aid. 

§  9,  The  fairs  or  exhibitions  to  be  given  by  the  district  agricultural  association  shall 
be  held  at  such  place  or  places  within  such  districts,  as  the  board  of  directors  of  the 
said  district  may  select.  But  only  one  of  such  district  fairs  shall  receive  state  aid  in 
any  district  during  any  given  year,  and  the  money  provided  by  the  state  as  premium 
money  shall  be  applied  to  exhibits  at  this  one  fair;  provided  however,  whenever  the 
board  of  directors  of  two  or  more  agricultural  districts  shall,  by  a  majority  vote  of 
each  board,  elect  to  unite,  the  several  districts  may  associate  and  combine  as  one 
district,  and  hold  a  fair  in  any  of  said  districts  that  may  be  agreed  on  by  the  board  of 
directors  of  said  associations  so  combining,  and  may  for  such  pui-pose  draw  the  appro- 
priation for  all  the  said  districts,  and  expend  the  same  for  said  fair. 


45 


AGRICULTURE. 


Act  74  b,  g  1 


Reports  to  state  association. 

$  10.  The  directors  of  such  agricultural  district  herein  created  shall  each  year  make 
a  full  and  complete  report  of  all  transactions  of  the  said  association  to  the  state  board 
of  agriculture. 

$  11.     All  acts  or  parts  of  acts  in  conflict  with  this  act  are  hereby  repealed. 

$  12.     This  act  shall  take  effect  immediately  from  and  after  its  passage. 

Same — Property  exempt  from  execntlon.^ 

Property  of  such  association  is  so  far  prop- 
erty of  the  state  as  to  be  exempt  from  exe- 
cution.— People  ex  rel.  Post  v.  San  Joaquin, 
etc.,  Association,  151  Cal.  797,  91  Pac.  740. 

Same — Same. — The  fact  that  the  act  of 
1880  (Stats.  1880,  p.  62)  provides  that  such 
an  association  may  be  sued,  does  not  imply 
the  state  assents  to  the  sale  of  the  associa- 
tion's property  under  execution. — People  ex 
rel.  Post.  V.  San  Joaquin,  etc.,  Association, 
151  Cal.  797,  91  Pac.  740. 

Same — Not  public  corporation — Po^ver  to 
sell  lands. — A  district  agricultural  society 
organized  under  the  act  of  1859  (p.  104)  la 
not  a  public  corporation  such  as  are  socie- 
ties organized  under  the  act  of  1880  (p.  62). 
and  its  lands  may  be  sold  under  execution. 
— Denike  v.  Santa  Clara,  etc.,  Soc,  9  Cal. 
App.   228,   98  Pac.  687. 

District  asricnitural  association  —  Public 
agency. — Such  an  association,  organized  un- 
der the  act  of  April  15,  1880  (Stats.  1880, 
p.  62),  for  the  purposes  specified  therein,  is 
a  public  agency  of  the  state,  is  within  the 
state's  exclusive  management  and  control, 
and  is  charged  with  the  performance  of  a 
part  of  the  functions  of  the  state  govern- 
ment.— People  ex  rel.  Post  v.  San  Joaquin, 
etc.,  Association,  151  Cal.  797,  91  Pac.  740; 
Sixth  District,  etc..  Association  v.  Wright, 
154  Cal.  119,  97  Pac.  144. 

Expositions. — Creation  of  revolving  fund 
to  maintain  a  special  exposition  at  Exposi- 
tion Park,  Los  Angeles,  by  the  Sixth  District 
Agricultural  Association.  —  See,  post.  Act 
1448. 

Repealed  act  subsequently  amended. — The 
act  of  1897  was  amended  two  days  after  it 
was  repealed  by  the  present  act  (Stats.  1909, 
p.  994).  District  12,  composed  of  Lake  and 
Mendocino  counties,  was  divi(7.ed,  a  new  dis- 
trict was  created.  District  46,  and  Mendo- 
cino County  took  the  place  of  Imperial 
County  In  District  45,  and  Imperial  County 
was  transferred  to  the  new  district. 


Constitutionality  —  Section  11  —  Gift  of 
property  to  private  individuals. — Section  11 
of  the  act  of  1897  (Stats.  1897,  p.  304)  car- 
ried from  §101/^  of  the  act  of  1891  (Stats. 
1891,  p.  138),  authorizing  the  organization 
of  a  private  corporation  within  an  associa- 
tion, and  the  transfer  to  it  of  property  of 
the  association  is  unconstitutional,  as  In 
violation  of  §  31,  article  IV,  of  the  state  con- 
stitution.— Sixth  District,  etc.,  Association 
v.  Wright,   154  Cal.  119,   97  Pac.  144. 

District  agricultural  associations — Capital 
stock — Interest  of  members. — No  provision 
is  made  under  the  act  of  1880  (Stats.  1880, 
p.  62),  or  the  act  of  1891  (Stats.  1891,  p. 
138),  for  a  capital  stock,  or  the  issue  of  cer- 
tificates of  stock  to  the  members,  or  which 
contemplates  the  retention  by  them  of  an 
interest  In  or  control  of  the  property  of 
such  association. — Sixth  District,  etc.,  Asso- 
ciation V.  Wright,   154  Cal.  119,  97    Pac.   144. 

Same — Conveyances  to — Misnomer. — Deeds 
to  "District  Agricultural  Association  Num- 
ber Six  of  California"  and  Agricultural  Dis- 
trict Number  Six  of  the  State  of  California, 
passed  title  to  the  "Sixth  District  Agricul- 
tural Association." — Sixth  District,  etc.,  As- 
sociation v.  Wright,  154  Cal.  119,  97  Pac.  144. 

Same— Name — Designation  by  number. — 
Under  the  act  of  1880  (Stats.  1880,  p.  62), 
and  subsequent  acts,  a  district  agricultural 
association  was  contemplated,  to  be  desig- 
nated as   " Agricultural  Association," 

the  blank  for  the  insertion  of  a  number  or 
name  to  distinguish  It  from  others  of  other 
districts. — Sixth  District,  etc.,  Association  v. 
Wright,  154  Cal.  119,  97  Pac.  144. 

Same — Same — Supplied  by  law. — Associa- 
tions were  not  authorized  to  select  any 
name  except  that  contemplated  by  the  act 
of  1880  and  subsequent  acts,  and  the  words 
necessary  to  distinguish  it  from  other  dis- 
trict associations  would  be  supplied  by  law, 
if  the  association  omitted  to  do  so. — Sixth 
District,  etc..  Association  v.  Wright,  154  Cal. 
119.  97  Pac.  144. 


LAND  LEASING  ACT. 
ACT  74b — An  act  authorizing  district  agricultural  associations  organized  under  tho 
laws  of  the  state  of  California,  to  lease  lands  owned,  managed  or  controlled,  in  trust 
or  otherwise,  to  municipal  corporations,  counties  or  cities  and  counties,  in  which  such 
lands  are  situated,  and  repealing  all  acts  and  parts  of  acts  in  conflict  herewith. 
History:     Approved  April  22,  1909,  Stats.  1909,  p.  1082. 
May  lease  lands  not  needed. 

§  1.  Any  district  agricultural  association  organized,  or  hereafter  organized  under 
the  laws  of  the  state  of  California,  is  hereby  authorized  and  empowered  to  lease  lands 
owned,  managed  or  controlled  by  said  association,  whether  in  trust  or  otherwise,  not 
needed  for  the  permanent  use  of  said  association,  to  any  municipal  corporation,  county, 
or  city  and  county,  in  which  said  lands  are  located,  for  a  period  not  to  exceed  fifty 


Acts  75,  77,  §  1  GENERAL  LAWS.  46 

years,  for  purposes  not  inconsistent  with  the  objects  and  purposes  for  which  said 
association  is  formed  and  for  which  said  lands  are  held,  owned,  or  controlled  by  it. 

Repeal  of  conflicting  acts. 

$  2.     All  acts  and  parts  of  acts  in  conflict  with  this  act  are  hereby  repealed, 
§  3.     This  act  shall  take  effect  immediately. 

V.     MISCELLANEOUS.     DEPAETMENT  OF  AGRICULTURE. 
ACT  75.     Improvement  of  Cereal  Crops. 

77.  Johnson  Grass,  Prevention  of  Propagation  of. 

78.  Investigation  of  Plant  Diseases. 

93.  Agricultthjal  Expert  in  Irrigation,  Eeclamation,  and  DRAnrAGE. 

94.  Delegates  on  Commission  to  Investigate  Kural  Credits  aijd  AgricuiiTUEAL 

Finance. 

95.  County  Funds  for  AcRicuLTtrRAL  Extension  Work. 

96.  Department  of  Agriculture. 

IMPROVEMENT  OF  CEREAL  CROPS. 

ACT  75 — An  act  to  provide  for  the  improvement  of  cereal  crops  of  California,  and 

appropriate  money  therefor. 

History:  Approved  April  21,  1911,  Stats.  1911,  p.  1051.  Former  acts: 
Act  of  March  18,  1905,  Stats.  1905,  p.  128;  March  11,  1907,  Stats.  1907, 
p.  204;  March  6,  1909,  Stats.  1909,  p.  190;  all  of  which  are  identical 
with  present  act  except  in  the  amount  of  appropriation. 

University  to  make  experiments  for  improvement  of  cereals.  Results  to  be  published. 
$  1.  The  go\  ernor  of  the  state  of  California  is  hereby  directed,  and  it  is  hereby 
made  his  duty  to  cause  to  be  made  under  the  supervision  and  direction  of  the  director 
of  the  agricultural  experiment  station  of  the  University  of  California,  such  investi- 
gations and  experiments  as  he  may  deem  best  for  the  purpose  of  discovering  and 
making  known  such  improved  methods  of  cereal  culture  in  the  state  of  California  as 
will  increase  the  yield  of  cereals  in  said  state,  and  increase  the  percentage  of  gluten 
in  said  cereals,  or  otherwise  improve  the  quality  thereof.  The  said  governor  shall 
have  the  exclusive  charge  and  control  of  all  moneys  appropriated  hereby,  to  be  used 
in  employing  such  expert  and  scientific  assistants  as  he  may  deem  necessary,  and  for 
the  paying  of  the  expenses  of  carrying  on  the  experiments  herein  provided  for.  He 
shall  from  time  to  time  publish  the  results  of  such  experimental  and  investigational 
work  as  may  have  been  done,  for  general  distribution. 

Appropriation. 

§  2.     [This  section  appropriated   $15,000  for  the  purpose  indicated;   one  half  to 
be  expended  during  the  sixty-third,  and  one-half,  during  the  sixty -fourth,  fiscal  year.] 

Exempt  from  Code  provisions. 

§  3.     This  act  is  exempted  from  the  provisions  of  section  six  hundred  and  seventy 
two  of  the  Political  Code. 

In  force. 

§  4.    This  act  shall  take  effect  and  be  in  force  from  and  after  the  date  of  its  passage. 

PROPAGATION  OF  JOHNSON  GRASS. 
ACT  77 — An  act  to  prevent  the  propagation  by  the  production  of  seed,  of  that  certain 
plant  known  as  Sorghum  halepense,  otherwise  known  as  Johnson  grass. 

History:  Approved  March  20,  1903,  Stats.  1903,  p.  337.  Amended 
March  22,  1907,  Stats.  1907,  p.  876. 

Unlawful  to  permit  noxious  weeds  to  mature. 

^  1.     It  shall  be  unlawful  for  any  person  owning,  controlling,  leasing,  or  possessing 
land  in  the  state  of  California  to  knowingly  permit  that  certain  grass  known  as  Sor- 


11 


47  AGRICULTURE.  Act  78,  §§  1, 2 

ghum  halepense,  otherwise  known  as  Johnson  grass,  Cnicus  arvensis,  otherwise  known 
as  Canadian  thistle,  Salsoli  kali,  otherwise  known  as  Russian  thistle,  and  Onopordon 
acanthium,  otherwise  known  as  Scotch  thistle,  and  Cnicus  lanceolatus,  otherwise  known 
as  bull  thistle,  to  mature  and  disseminate  its  seed  on  land  so  owned,  leased  or  possessed 
by  such  person.     [Amendment  approved  March  22,  1907.    Stats.  1907,  p.  876.] 

Seed  must  not  be  sown  on  land. 

§  2.  It  shall  be  unlawful  for  any  person  knowingly  to  sow  or  disseminate  or  cause 
to  be  sown  or  disseminated,  any  seed  of  Sorghum  halepense,  otherwise  known  as  John- 
son grass,  Cnicus  arvensis,  otherwise  known  as  Canadian  thistle,  Salsoli  kali,  other- 
wise known  as  Russian  thistle,  and  Onopordon  acanthium,  otherwise  known  as  Scotch 
thistle,  and  Cnicus  lanceolatus,  otherwise  known  as  bull  thistle,  upon  any  land  owned 
or  possessed  by  another.    [Amendment  approved  March  22, 1907.    Stats.  1907,  p.  877.] 

Same  as  to  roadways  and  ditches. 

$  3.  It  shall  be  unlawful  for  any  person  to  knowingly  sow,  disseminate,  or  cause  or 
permit  to  be  disseminated  any  seed  of  Sorghum  halepense,  otherwise  known  as  Johnson 
grass,  Cnicus  arvensis,  otherwise  known  as  Canadian  thistle,  Salsoli  kali,  otherwise 
known  as  Russian  thistle,  and  Onopordon  acanthium,  otherwise  known  as  Scotch 
thistle,  and  Cnicus  lanceolatus,  otherwise  known  as  bull  thistle,  over  or  along  any 
roadway,  highway,  or  right  of  waj'^  for  ditch  purposes,  adjacent  to  premises  owned  or 
possessed  by  him.     [Amendment  approved  March  22,  1907.    Stats.  1907,  p.  877.] 

Penalty. 

$  4.  Any  person  upon  being  duly  convicted  of  a  violation  of  any  of  the  preceding 
sections  of  this  act,  shall  be  deemed  guilty  of  a  misdemeanor,  and  may  be  fined  in  a 
sum  not  exceeding  one  hundred  dollars,  or  by  imprisonment  in  the  county  jail,  for  a 
term  not  exceeding  three  months. 

Time  of  taking  effect  of  act. 

§  5.     This  act  shall  take  effect  immediately  from  and  after  its  passage. 

Administering:  and  enforcing  act,  power  agriculture.  —  See  S  9.  act  of  1919;  post, 
of,   conferred    on    director   of   department  of       Act   96. 

INVESTIGATION  OF  PLANT  DISEASES. 
ACT  78 — An  act  providing  for  the  investigation  of  the  nature  and  means  of  control  of 
destructive  diseases  of  cultivated  plants  in  those  portions  of  the  state  not  benefited 
by  the  Southern  California  Pathological  Laboratory,  and  making  an  appropriation 
therefor. 

History:     Approved  April  21,  1911,  Stats.  1911,  p.  1052. 

University  to  maintain  laboratory  for  investigating  diseases  of  trees  and  plants. 

$  1.  The  regents  and  the  president  of  the  University  of  California  are  hereby 
directed  to  maintain,  in  connection  with  the  agricultural  experiment  work  of  the  uni- 
versity in  those  portions  of  the  state  not  benefited  by  the  Southern  California  Patho- 
logical Laboratory,  a  scientific  station  or  laboratory  with  the  necessary  equipment  for 
the  investigation  of  the  nature  and  means  of  control  of  injurious  and  destructive 
diseases  of  cultivated  trees,  plants  and  crops. 

Pear  blight,  etc.    Information  to  growers. 

$  2.  They  are  directed  to  make  or  cause  to  be  made  investigations  of  such  troubles 
as  pear  blight,  peach  blight,  olive  knot,  apricot  failures,  pear  scab,  apple  diseases,  root 
rot,  root  knot,  diseases  of  tomatoes,  potatoes,  asparagus,  onions,  and  other  vegetables, 
and  such  other  plant  diseases  as  may  be  called  to  their  attention.  They  shall  also 
furnish  information  and  practical  demonstration  to  the  growers  of  these  crops  as  to 
the  best  means  of  control  of  such  diseases. 


Acts93, 94, 81  GEXBRAL  LAWS.  48 

Appropriation. 

$  3.  The  sum  of  fifteen  thousand  dollars  is  hereby  appropriated  out  of  any  money 
in  the  state  treasury  not  otherwise  appropriated  to  be  expended  by  the  regents  of  the 
University  of  California  in  eairying  out  the  purposes  of  this  act  and  the  state  con- 
troller is  hereby  authorized  and  directed  to  draw  his  warrant  for  the  same,  payable 
to  the  regents  of  the  University  of  California,  and  the  treasurer  of  the  state  is  hereby 
directed  to  pay  such  warrant. 

§  4  This  act  is  hereby  exempted  from  the  provisions  of  section  672  of  the  Political 
Code. 

AGRICULTURAL  EXPERT. 

ACT  93 — An  act  to  provide  for  the  employment  of  an  expert  in  agricultural  and 

matters  relating  thereto  by  the  governing  boards  of  irrigation,  reclamation  and 

drainage  districts. 

History:     Approved  April  3,  1913.    In  effect  August  10,  1913.    Stats. 
1913,  p.  75. 

Expert  in  agriculture  for  irrigation  districts. 

§  1.  The  board  of  directors,  board  of  trustees  or  other  governing  body  of  any  irriga- 
tion, reclamation  or  drainage  district  organized  and  existing  under  the  laws  of  the 
State  of  California  is  hereby  authorized  to  employ  an  expert  in  agricultural  and 
matters  relating  thereto,  and  such  assistants  as  may  be  deemed  necessary  to  supervise 
the  construction  of  works  for  the  irrigation  or  protection  of  lands  within  the  district 
to  advise  with  the  owners  of  lands  within  the  district,  or  any  other  persons  engaged  in 
farming  such  lands,  as  to  methods  of  increasing  the  productiveness  of  such  lands  as  to 
the  kinds  of  crops  to  be  raised  or  as  to  any  matters  of  husbandry,  and  to  conduct  such 
experiments  and  perform  such  other  duties  for  the  general  welfare  of  the  people  of 
their  district  as  the  board  may  prescribe. 

DELEGATES   ON  RURA.L  CREDITS   AND   AGRICULTURAL  FINANCE 

COMMISSION. 

ACT  94 — An  act  authorizing  the  appointment  of  two  delegates  from  California  as 
members  of  a  commission  which  is  to  investigate  European  systems  of  rural  credits 
and  report  thereon,  and  making  an  appropriation  therefor. 

History:    Approved  April  18,  1913.    In  effect  August  10,  1913.    Stats. 
1913,  p.  36. 

Bnral  credits. 

Whereas,  Under  the  auspices  of  the  southern  commercial  congress  a  commission  com- 
posed of  two  delegates  from  each  state  is  to  be  sent  to  Europe,  during  1913,  to  study 
systems  of  rural  credit  and  co-operative  agricultural  societies,  and 

Whereas,  Said  commission  is  to  embody  the  result  of  its  investigations  in  a  report 
with  a  view  of  establishing  in  this  country  a  system  of  agricultural  finance  and  rural 
credits,  and 

Whereas,  The  congress  of  the  United  States  has  duly  approved  the  project  of  sending 
said  commission  to  Europe,  and 

Whereas,  It  is  eminently  fitting  that  delegates  should  be  sent  from  California  to  take 
part  in  the  work  of  the  commission  with  a  view  to  aiding  the  farmers  of  our  state, 
therefore. 
The  people  of  the  State  of  California  do  enact  as  follows: 

Delegates. 

$  1.  The  governor  is  authorized  to  appoint  two  delegates  from  California  who  shall 
take  part  in  the  commission  which,  under  the  auspices  of  the  southern  commercial 


49  agriculture:.  Acts  95,  96,  §§  1, 2 

congress,  is  to  visit,  during  1913,  the  various  countries  of  Europe  and  there  investigate 
the  different  systems  of  co-operative  agricultural  societies  and  rural  credits  and  to 
report  thereon  with  a  view  to  establishing  in  this  country  a  sound  system  of  rural 
credits  and  agricultural  finance. 

Appropriation. 

§  2.  The  sum  of  three  thousand  dollars,  or  so  much  thereof  as  may  be  necessary,  is 
hereby  appropriated  to  pay  the  expenses,  traveling  and  otherwise,  of  said  delegates 
"Vhile  serving  as  members  of  the  said  commission,  and  the  state  controller  is  hereby 
auJ;horized  to  draw  his  warrant  for  the  same  in  favor  of  the  commission  hereundei 
appointed  and  the  state  treasurer  is  directed  to  pay  the  same. 

AGRICULTURAL  EXTENSION  WORK. 
ACT  95 — An  act  empowering  county  boards  of  supervisors  to  appropriate  and  use 
county  funds  for  the  support  and  maintenance  of  extension  work  in  agriculture  iu 
co-operation  with  the  United  States  department  of  agriculture  and  the  University  of 
California. 

History:     Approved  May  18,  1915.    In  effect  August  8,  1915.    Stats. 
1915,  p.  572. 

Supervisors  may  support  university  extension  work. 

$  1.     The   boards  of  supervisors  of  the  respective   counties  within   the   state  are 

hereby  empowered  to  appropriate  and  use  county  funds  in  not  to  exceed  the  amount 

of  ten  thousand  dollars  for  any  one  year,  for  the  support  and  maintenance  within  their 

respective  counties  of  extension  work  in  agriculture  under  the  approval  of  the  United 

States  department  of  agriculture  and  in  co-operation  with  the  University  of  California. 

DEPARTMENT  OF  AGRICULTURE. 
ACT  96 — An  act  creating  a  department  of  agriculture,  providing  for  its  organization 
and  declaring  its  functions;  transferring  to  said  department  the  powers  and  duties 
of  various  state  agencies  and  the  unexpended  balances  of  their  appropriations  and 
funds;  prohibiting  certain  acts,  and  prescribing  penalties  for  violation  of  the  pro- 
visions hereof. 

History:     Approved  May  16,  1919.     In  effect  July  22,   1919.     Stats. 
1919,  p.  542. 

Department  of  agriculture  created.    Director. 

§  1.  A  department  of  the  government  of  the  state  of  California  to  be  known  as  the 
department  of  agriculture  is  hereby  created.  The  department  shall  be  conducted  under 
the  control  of  an  executive  officer  to  be  known  as  director  of  agriculture,  which  office 
is  hereby  created.  The  director  shall  be  appointed  by  and  hold  office  at  the  pleasure 
of  the  governor,  and  shall  receive  a  salarj'  of  five  thousand  dollars  per  annum.  Before 
entering  upon  the  duties  of  his  office,  the  director  shall  execute  an  official  bond  to  the 
state  of  California  in  the  penal  sum  of  twenty-five  thousand  dollars,  conditioned  upon 
the  faithful  performance  of  his  duties.  He  shall  maintain  his  office  at  Sacramento, 
and  shall  adopt  and  keep  an  official  seal.  He  shall  act  as  chief  of  one  of  the  divisions 
herein  created. 

Divisions. 

^  2.  For  the  purpose  of  administration,  the  department  shall  be  organized  by  the 
director  in  such  manner  as,  with  the  approval  of  the  governor,  shall  be  deemed  neces- 
sary to  properly  segregate  and  conduct  the  work  of  the  department.  The  work  of  the 
department  shall  be  divided  into  at  least  two  divisions:  One  to  be  known  as  the  divi- 
sion of  plant  industry  and  one  as  the  division  of  animal  industry.  The  director  shall 
adopt  such  rules  and  regulations  not  inconsistent  with  law  as  may  be  necessary  to 

Gen.  Laws — 4 


Act  96,  §§  3-5  GENERAL,   LAWS.  50 

govern  the  activities  of  the  department.  He  shall  have  the  power  to  arrange  and 
classify  the  work  of  the  department  and  to  assign  to  each  of  the  officers  thereof  such 
duties  and  labors  as  he  may  see  fit. 

Appointments  "by  director.    Civil  service  exemptions. 

$  3.  The  director  shall  have  power,  except  as  otherwise  provided  herein,  to  appoint 
heads  of  divisions  and  such  assistants,  agents,  experts,  and  other  employees  as  are 
necessary  for  the  administration  of  the  affairs  of  the  department  to  prescribe  their 
duties  and,  subject  to  the  approval  of  the  governor,  to  fix  the  salaries;  provided,  that 
the  director  or  other  officer  of  the  department  shall  have  no  authority  on  the  part  of 
the  state  to  incur  obligations  exceeding  the  amount  of  moneys  made  available  by  law 
for  the  support  of  the  department.  The  heads  of  divisions,  assistants,  agents,  experts 
and  other  employees  appointed  by  the  director  shall  execute  to  the  state  such  official 
bonds  as  the  director  may  determine  and  require.  The  head  of  each  division  and  one 
position  under  him  of  a  confidential  nature  shall  be  exempt  from  the  provisions  of  the 
civil  service  law.  The  director  and  all  officers,  assistants  and  agents  of  the  department 
shall  be  civil  executive  officers. 

Traveling  expenses. 

§  4.  All  heads  of  divisions,  assistants,  agents,  experts  and  other  employees  of  the 
department  shall  be  entitled  to  receive  in  addition  to  their  salaries,  their  actual  neces- 
sary traveling  expenses  when  away  from  their  headquarters  on  state  business.  The 
salaries  and  expenses  of  all  heads  of  divisions,  assistants,  agents,  experts  and  other 
employees  of  the  department  shall  be  paid  at  the  same  time  and  in  the  same  manner  as 
the  salaries  and  expenses  of  other  state  officers  are  paid. 

Powers  and  duties  of  director. 

$  5.  The  director  of  agriculture  may  make  investigations  and  prosecute  actions  con- 
cerning all  matters  relating  to  the  business  activities  and  subjects  under  the  jurisdiction 
of  the  department  as  well  as  relating  to  the  acts  and  the  statistics  referred  to  in  section 
nine  of  this  act.  In  connection  therewith  he  shall  have  the  right  to  inspect  books  and 
records  and  to  hear  complaints,  administer  oaths,  certify  to  all  official  acts,  and  to  issue 
subpoenas  for  the  attendance  of  witnesses  and  the  production  of  papers,  books, 
accounts,  documents  and  testimony  in  any  inquiry,  investigation,  hearing  or  proceeding 
pertinent  or  material  thereto  in  any  part  of  the  state. 

Power  of  subpoena. 

In  the  event  of  the  failure  or  the  refusal  of  any  witness  to  attend  or  testify  or  pro- 
duce such  papers,  books,  accounts  or  documents  or  give  such  testimony  or  in  the  event 
of  any  disobedience  of  said  subpoena,  the  superior  court  in  and  for  the  county,  or  city 
and  county,  in  which  any  inquiry,  investigation  or  proceeding  may  be  held  by  the 
director  of  agriculture,  shall  have  power  to  compel  the  attendance  of  said  witness,  the 
giving  of  said  testimony  and  the  production  of  said  papers,  including  books,  accounts 
and  documents,  as  required  by  any  subpoena  issued  by  the  director  of  agriculture.  The 
court  upon  petition  of  the  director  of  agriculture  shall  enter  an  order  directing  the 
witness  to  appear  before  the  court  at  a  time  and  place  to  be  fixed  by  the  court  in  such 
order,  the  time  to  be  not  more  than  ten  days  from  the  date  of  the  order,  and  then  and 
there  show  cause  why  he  had  not  attended  and  testified  or  produced  said  papers  before 
the  director  of  agriculture.  A  copy  of  said  order  shall  be  served  upon  said  witness. 
If  it  shall  appear  to  the  court  that  said  subpoena  was  regularly  issued  by  the  director 
of  agriculture,  the  court  shall  thereupon  enter  an  order  that  the  said  witness  appear 
before  the  director  of  agriculture  at  a  time  and  place  to  be  fixed  in  such  order,  and 
testify  or  produce  the  required  papers,  and  i;pon  failure  to  obey  said  order,  said  wit- 
ness shall  be  dealt  with  as  for  contempt  of  court. 


f 


51  AGRICULTl  RE.  Act  96,  §§  6-8 

Powers  of  officers. 

The  powers  conferred  upon  the  director  of  agriculture  by  the  provisions  of  this 
section  may  be  exercised  with  like  force  and  effect  by  such  officers  of  the  department 
as  the  director  may  authorize  and  designate  to  conduct  any  such  investigation  or  hear- 
ing; provided,  however,  that  except  in  his  report  to  the  director,  or  when  called  upon 
to  testify  in  any  court  or  proceeding  at  law,  any  such  officer  who  shall  divulge  any 
information  acquired  by  him  from  the  private  books,  documents  or  papers  of  any 
person,  while  acting  or  claiming  to  act  under  any  such  authorization  or  designation,  in 
respect  to  the  confidential  or  private  transactions,  property  or  business  of  any  person, 
firm,  association  or  corporation,  shall  be  guilty  of  a  misdemeanor  and  shall  be  dis- 
qualified from  acting  in  any  official  capacity  in  the  department.  In  addition  thereto, 
such  officer  shall  be  liable  in  damages  to  any  person,  firm,  association  or  corporation  for 
all  injury  resulting  from  such  unlawful  disclosure. 

Report  to  governor. 

$  6,  The  director  shall  make  a  report  to  the  governor  at  least  sixty  days  before  the 
commencement  of  each  biennial  session  of  the  legislature.  Such  report  shall  give  an 
account  of  all  matters  pertaining  to  his  department,  together  with  any  recommendations, 
and  shall  specifically  set  forth  a  statement  of  the  expenditures  made  by  the  department 
during  the  period  up  to  and  including  the  thirtieth  day  of  June  preceding  said  session. 
There  shall  also  be  set  forth  in  such  report  a  statement  of  the  organization  plan  of 
the  department,  together  with  the  number  of  classes  of  officers  and  employees  in  the 
department  and  the  compensation  paid  the  same. 

Duty  of  attorney  general. 

§  7.  The  attorney  general  shall  be  the  legal  adviser  of  the  department  in  all  matters 
relating  to  the  department  and  to  the  powers  and  duties  of  its  officers.  Upon  request 
of  the  director,  the  attorney  general,  or  under  his  direction,  the  district  attorney  of 
any  county  in  which  the  action  is  brought,  shall  aid  in  any  investigation,  hearing, 
prosecution  or  trial  had  under  the  laws  which  the  director  is  required  to  administer, 
and  shall  institute  and  prosecute  all  necessarj'  actions  or  proceedings  for  the  enforce- 
ment of  such  laws  and  for  the  punishment  of  all  violations  thereof.  The  sheriffs  and 
constables  in  the  several  counties  shall  execute  all  lawful  orders  of  the  director  in  such 
counties. 

Powers  of  existing  boards,  etc.,  transferred.    Offices  abolished. 

§  8.  The  director  of  the  department  of  agriculture  shall  succeed  to  and  is  hereby 
vested  with  all  the  duties,  powers,  purposes,  responsibilities  and  jurisdiction  of  the 
state  commissioner  of  horticulture,  of  the  state  board  of  horticultural  examiners,  of 
the  state  dairy  bureau,  of  the  state  veterinarian,  of  the  stallion  registration  board,  of 
the  state  board  of  viticultural  commissioners,  of  the  board  of  citrus  fruit  shipments, 
of  the  cattle  protection  board  and  of  the  several  officers  of  such  bodies  and  offices ;  and 
whenever  by  the  provisions  of  any  statute  or  law  now  in  force  or  that  may  hereafter 
be  enacted  as  a  duty  or  jurisdiction  is  imposed  or  authority  conferred  upon  any  of 
said  bodies,  offices  or  officers,  such  duty,  jurisdiction  and  authority  are  hereby  imposed 
upon  and  transferred  to  the  director  of  the  department  of  agriculture  the  same  as 
though  the  title  of  the  director  of  the  department  of  agriculture  had  been  specifically 
set  forth  and  named  therein.  Said  bodies,  offices  and  officers  whose  duties,  powers, 
purposes  and  responsibilities  are  so  transferred  to  and  vested  in  the  director  of  the 
department  of  agriculture,  are  and  each  of  them  is  hereby  abolished  and  shall  have  no 
further  legal  existence,  but  the  statutes  and  laws  under  which  they  existed  and  all 
laws  prescribing  their  duties,  powers,  purposes  and  responsibilities  and  jurisdiction 
together   with    all   lawful   rules   and   regulations   established    thereunder,    are   hereby 


Act96,  §§9. 10  GENERAL  LAWS.  53 

expressly  continued  in  force.  The  department  of  agriculture  shall  also  succeed  to  and 
be  in  control  of  all  records,  books,  papers,  offices,  equipment,  supplies,  moneys,  funds, 
appropriations,  land  and  other  property,  real  or  personal,  now  or  hereafter  held  for 
the  benefit  or  use  of  said  bodies,  offices  and  officers. 

Laws  to  be  enforced.    Powers  transferred  to  director. 

§  9.  The  director  of  the  department  of  agriculture  is  hereby  vested  with  the  power 
and  is  charged  with  the  duty  of  administering  and  enforcing  the  following  laws : 

An  act  to  regulate  the  sale  of  commercial  fertilizers  or  materials  used  for  manurial 
purposes,  and  to  provide  penalties  for  the  infractions  thereof,  and  means  for  the 
enforcement  of  the  act,  approved  March  20,  1903,  and  all  acts  amending  or  supple- 
menting said  act. 

An  act  to  prevent  the  propagation  by  the  production  of  seed  of  that  certain  plant 
known  as  Sorghum  halepense,  otherwise  known  as  Johnson  grass,  approved  March  20, 
1903,  and  all  acts  amending  or  supplementing  said  act. 

An  act  to  regulate  the  manufacture,  sale,  adulteration  and  misbranding  of  insecti- 
cides or  fungicides  or  materials  used  for  insecticidal  or  fungicidal  purposes  and  to 
provide  penalties  for  the  infraction  thereof  and  to  appropriate  money  therefor,  ap- 
proved May  1,  1911,  and  all  acts  amending  or  supplementing  said  act. 

An  act  to  regulate  the  production  of  certified  milk,  cream,  ice  cream,  butter  and 
cheese;  and  repealing  an  act  entitled  "An  act  to  regulate  the  production  of  certified 
milk,"  approved  March  18,  1909,  and  all  acts  and  parts  of  acts  inconsistent  with  this 
act,  approved  April  25,  1913,  and  all  acts  amending  or  supplementing  said  act. 

An  act  prohibiting  the  destruction  of  foodstuffs,  food  products  or  food  articles, 
approved  June  5,  1913,  and  all  acts  amending  or  supplementing  said  act. 

Wherever  in  any  of  the  statutes  enumerated  in  this  section  or  in  any  of  the  statutes 
amending  or  supplementing  the  same,  a  duty  or  jurisdiction  is  imposed  or  authority 
conferred  upon  any  state  board,  commission,  office  or  officer  to  administer  the  pro- 
visions of  any  of  said  statutes,  such  duty,  jurisdiction  and  authority  are  hereby 
imposed  upon  and  transferred  to  the  director  of  the  department  of  agriculture  and  the 
officers  thereof  with  the  same  force  and  effect  as  if  the  name  of  the  director  of  the 
department  of  agriculture  occurred  in  the  statute  in  each  instance  in  lieu  of  the  name 
of  any  board,  commission,  office  or  officer,  or  in  lieu  of  the  name  of  any  member,  deputy, 
assistant  or  employee  thereof,  as  the  case  may  be. 

Authority  to  spend  money  on  hand. 

§  10.  From  and  after  the  date  upon  which  this  act  takes  effect,  the  director  shall 
be  and  is  hereby  authorized  and  empowered  to  expend  the  moneys  in  any  appropria- 
tion or  in  any  special  fund  in  the  state  treasury  now  remaining  or  made  available  by 
law  for  the  administration  of  the  provisions  of  any  of  the  statutes  enumerated  in 
section  nine  hereof  or  for  the  use,  support,  or  maintenance  of  any  board,  commission, 
office  or  officer  that  is  abolished  by  the  provisions  hereof  and  whose  duties,  powers  and 
functions  are,  by  the  provisions  of  this  act,  transferred  to  and  conferred  upon  the 
department  of  agriculture.  Such  expenditures  by  the  director  shall  be  made  in  accor- 
dance with  law  in  carrying  on  the  work  for  which  such  appropriations  were  made 
or  such  special  funds  created. 

AGRICULTURE,  DEPARTMENT  OF. 

See   tit.   "Agriculture." 


63  ALAMEDA   CITY.  Acts  104-101 

CHAPTER  6. 
ALAMEDA  CITY. 

CONTENTS  OF  CHAPTER. 

ACT  104.  Freeholders'  Charter. 

106.  Street  Extension  and  Widening. 

107.  Extension  of  Certain  Streets. 

108.  School  Building  Fund. 

109.  Salt  Marsh  and  Tide  Land  Grant. 

FREEHOLDERS'  CHARTER  OF  THE  CITY  OF  ALAMEDA: 
ACT  104 — Charter  of  Alameda. 

History:  Freeholders'  charter,  ratified  at  a  special  municipal  eleo- 
tion  held  January  9,  1917.  Filed  with  the  secretary  of  state  Janu- 
ary 25,  1917,  Stats.  1917,  p.  1752.  Amended:  Amendments  ratified  at 
a  regular  municipal  election  held  March  11,  1919.  Filed  with  the 
secretary  of  state  April  11,  1919,  Stats.  1919,  p.  1481.  Originally 
Incorporated  April  19,  1854,  Stats.  1854,  p.  76.  Again  incorporated 
March  7,  1872,  Stats.  1871-72,  p.  276.  (Amended  March  18,  1874,,  Stats. 
1873-74,  p.  448;  March  20,  1876,  Stats.  1875-76,  p.  367.)  Reincorporated 
February  21,  1878,  Stats.  1877-78,  p.  89.  Incorporated  as  a  city  of  the' 
fifth  class  under  the  general  Municipal  Incorporation  Act  of  1883. 
Incorporated  under  a  freeholders'  charter  ratified  at  a  special  muni- 
cipal election  July  18,  1906,  approved  February  7,  1907,  Stats.  1907, 
p.  1051.  Amended:  Amendment  ratified  at  a  general  municipal  elec- 
tion April  10,  1911.  Filed  with  the  secretary  of  state  January  27,  1913, 
Stats.  1913,  p.  1454.  Amendment  ratified  at  a  general  municipal  elec- 
tion April  14,  1913.  Filed  with  the  secretary  of  state  June  2,  1913, 
Stats.  1913,  p.  1720. 

Charter  of  1907 — Control  of  streets — Build-  apply    to    a    fraternal    organization    or    Its 

Ing-    removal. — Under    the    charter    of    1907,  clubhouse,   but    is   designed   merely   to    limit 

authorizing  the  city  "to  manage  and  control  and    restrict    the    business    of    selling    such 

the  streets,"  Alameda  had  power  to  pass  an  liquors. — Varcoe  v.  Alameda  Local  No.  1015, 

ordinance   regulating   the  removal  of  build-  B.    P.   O.   E.,   174   Cal.   549,    550,    163   Pac.    909. 

ings    along   and    upon    streets. — Robinson    v.  Note:    The  provision  referred  to  is  not  in 

Otis,  30  Cal.  App.  7C9,  159  Pac.  441.  the  present  charter. 

Same — Clubhouse  not  a  saloon. — The  pro-  Same — Retail  butcher  business. — The  city- 
vision  of  section  1,  article  X,  charter  of  Ala-  has  the  power  to  impose  a  license  upon  re- 
meda  City  (Stats.  1907,  p.  1093),  making  it  tail  butchers,  either  for  regulation  or  rev- 
unlawful  to  establish,  open,  keep,  maintain,  enue,  and  for  that  purpose  a  division  into 
or  carry  on,  any  saloon,  bar,  store,  dram-  two  classes  based  upon  whether  any  vehi- 
shop,  tippling  place,  stand  or  any  place,  cles  are  used  in  such  business,  and  if  so, 
where  spirituous,  malt  or  fermented  liquors  how  many,  is  a  fair  and  reasonable  classifl- 
or  wines,  are  sold  or  given  away  without  cation. — Bramman  v.  Alameda,  162  Cal.  648 
permission   pursuant  to  ordinance,   does  not  124  Pac.  243. 

STREET  EXTENSION  AND  WIDENING. 

ACT  106 — An  act  in  relation  to  certain  streets  in  the  Town  of  Alameda. 

History:     Approved  March  30,  1874,  Stats,  1873-74,  p.  795. 

Extension  of  streets. — This  act  authorized  certain    portions    of   Third    avenue   and    the 

the  extension  of  Santa  Clara  (Jefferson)  av-  extension  of  Buena  Vista  avenue  from  Pros- 

enue  to  West  End  avenue;  Railroad  avenue  pect  to  Third  avenue.     It  also  provided  for 

to   West    End    avenue;    and    the    opening    of  the  widening  of  Park  street. 

EXTENSION  OF  STREETS. 
ACT  107 — An  act  in  relation  to  certain  streets  in  the  Town  of  Alameda. 

History:  Approved  April  1,  1878,  Stats.  1877-78,  p.  964.  Prior  act 
repealed:    Act  of  March  23,  1876,  Stats.  1875-76,  p.  424. 

This    act    provided    for    the    extension    of  commenced  four  months  after  repeal  of  act 

certain   streets.  authorizing    the    same    are    null    and    void.— 

Street  opening — Proceedings  initiated  nn-  Colien   V.  Gray,    70  Cal.    85,   11    Pac.   508. 
der  repealed  act. — Proceedings  to  open  street 


Acts  lOS,  100,  §  1  GGIVKRAL.  LAWS.  &4 

SCHOOL  BUILDING  FUND. 
ACT  108 — An  act  to  provide  funds  for  the  school  department  of  the  town  of  Alameda. 
History:    Approved  March  28,  1878,  Stats.  1877-78,  p.  599. 
Bond  issue   for  school   building   purposes. — Act  authorized  issue  of  $5u.000. 

SALT  MARSH  AND  TIDE  LAND. 

ACT  109 — An  act  granting  to  the  city  of  Alameda  the  salt  marsh,  tide  and  submerged 

lands  of  the  state  of  California,  including  the  right  to  wharf  out  therefrom  to  the 

city  of  Alameda,  and  regulating  the  management,  use  and  control  thereof. 

History:  Approved  June  11,  1913,  Stats.  1913,  p.  707.  In  effect 
August  10,  1913.  Amended  May  24,  1917.  In  effect  July  27,  1917. 
Stats.  1917,  p.  907. 

Tidelands  granted  to  Alameda. 

$  1.  There  is  hereby  granted  to  the  city  of  Alameda,  a  municipal  corporation  of  the 
state  of  California,  and  to  its  successors,  all  the  right,  title  and  interest  of  the  state 
of  California,  held  by  said  state  by  virtue  of  its  sovereignty,  in  and  to  all  the  salt 
marsh,  tide  and  submerged  lands,  whether  filled  or  unfilled,  within  the  present  boundaries 
of  said  city,  and  situated  below  the  line  of  mean  high  tide  of  the  Pacific  ocean,  or  of 
any  harbor,  estuary,  bay  or  inlet  within  said  boundaries,  to  be  forever  held  by  said 
city,  and  by  its  successors,  in  trust  for  the  uses  and  purposes,  and  upon  the  express 
conditions  following,  to  wit : 

Conditions  of  grant.    Franchises  for  wharves,  etc. 

That  said  lands  shall  be  used  by  said  city  and  its  successors,  solely  for  the  estab- 
lishment, improvement  and  conduct  of  a  harbor,  and  for  the  construction,  maintenance 
and  operation  thereon  of  wharves,  docks,  piers,  slips,  quays,  and  other  utilities,  ware- 
houses, factories,  storehouses,  structures  and  appliances  necessary  or  convenient  for 
the  promotion,  benefit  and  accommodation  of  commerce  and  navigation,  and  said  city, 
or  its  successors,  shall  not,  except  as  herein  authorized,  at  any  time,  grant,  convey, 
give  or  alien  said  lands,  or  any  part  thereof,  to  any  individual,  firm  or  corporation  for 
any  purpose  whatever;  provided,  that  said  city,  or  its  successors,  may  grant  franchises 
thereon,  for  limited  periods,  for  wharves  and  other  public  uses  and  purposes,  and  may 
lease  said  lands,  or  any  part  thereof,  for  limited  periods,  for  purposes  consistent  with 
the  trusts  upon  which  said  lands  are  held  by  the  state  of  California  and  th^s  grant, 
for  a  term  not  exceeding  twenty-five  years,  and  on  such  other  terms  and  conditions  as 
said  city  may  determine,  including  a  right  to  renew  such  lease  or  leases  for  a  further 
term  not  exceeding  twenty-five  years  or  to  terminate  the  same  on  such  terms,  reserva- 
tions and  conditions  as  may  be  stipulated  in  such  lease  or  leases,  and  said  lease  or 
leases  may  be  for  any  and  all  purposes  which  shall  not  interfere  with  navigation  or 
commerce,  with  reversion  to  the  said  city  on  the  termination  of  such  lease  or  leases  of 
any  and  all  improvements  thereon,  and  on  such  other  terms  and  conditions  as  the  said 
city  may  determine,  but  for  no  purpose  which  will  interfere  with  navigation  or  com- 
merce; subject  also  to  a  reservation  in  all  such  leases  or  such  wharfing  out  privileges 
of  a  street,  or  of  such  other  reservation  as  the  said  city  may  determine  for  sewer  out- 
lets, and  for  gas  and  oil  mains,  and  for  hydrants,  and  for  electric  cables  and  wires,  and 
for  such  other  conduits  for  municipal  purposes,  and  for  such  public  and  municipal 
purposes  and  uses  as  may  be  deemed  necessary  by  the  said  city,  upon  compensation 
being  made  for  the  injury  and  damage  done  to  any  improvement  or  structure  thereon. 

Owners  of  upland  abutting  to  have  preference.    Grant  to  United  States. 

Provided,  further,  that  in  the  granting  of  any  and  all  such  leases  the  city  council 
shall,  whenever  in  its  judgment  it  can  reasonably  do  so,  give  preference  to  the  owners  of 
upland  abutting  on  the  salt  marsh,  tide  or  submerged  land  proposed  to  be  leased; 


55  ALAMEDA    CITY.  Act  109,  §  2 

l^-ovided,  liowever,  that  the  said  city  of  Alameda  may  grant,  give,  convey  and  alien 
such  lands  or  any  portion  thereof,  forever  to  the  United  States  for  public  purposes  of 
the  United  States;  provided,  however,  that  no  such  grant  shall  be  made  unless  author- 
ized and  approved  by  a  vote  of  the  majority  of  the  electors  of  such  municipal  corpora- 
tion voting  upon  the  proposition  of  making  such  grant  at  an  election  therein,  at  which 
such  proposition  shall  have  been  submitted. 

Right  of  city  to  rents,  etc. 

This  grant  shall  carry  the  right  to  such  city  of  the  rents,  issues  and  profits  in  any 
manner  hereafter  arising  from  the  lands  or  wharfing  out  privileges  hereby  granted. 

Right  to  use  wharves  reserved  to  state. 

The  state  of  California  shall  have,  at  all  times,  the  right,  together  with  the  city  if 
there  be  no  lessee  or  licensee,  or  together  with  the  lessee  or  licensee,  if  there  be  a 
lessee  or  licensee,  to  use,  without  charge,  all  wharves,  docks,  piers,  slips,  quays  con- 
structed on  said  lands  or  any  part  thereof,  except  wharves,  docks,  piers,  slips,  quays 
or  other  improvements  constructed  on  such  lands  by  the  United  States  for  public 
purposes  of  the  United  States,  for  any  vessel  or  other  water  craft,  or  railroad,  owned 
or  operated  by  the  state  of  California. 

No  discrimination  in  rates. 

No  discrimination  in  rates,  tolls  or  charges  for  use  or  in  facilities  for  any  use  or 
service  in  connection  with  wharves,  docks,  piers,  slips  or  quays  or  property  operated 
by  the  city,  or  property  leased,  the  use  of  which  is  dedicated  by  the  lessee  or  licensee 
for  a  public  use,  shall  ever  be  made,  authorized  or  permitted. 

Right  to  fish  reserved. 

There  is  hereby  reserved  in  the  people  of  the  state  of  California  the  right  to  fish  in 
the  waters  on  which  said  lands  may  front  with  the  right  of  convenient  access  to  said 
waters  over  said  lands  for  said  purpose,  such  enjoyment  of  access  and  right  to  fish  to 
be  regulated  by  ordinance  of  the  city  of  Alameda,  so  as  not  to  interfere,  obstruct, 
retard  or  limit  the  right  of  navigation  or  the  rights  of  lessees  or  licensees  under  lease 
or  license  given. 

Leases  affirmed. 

All  leases  and  licenses  granted  by  ordinance  of  the  city  of  Alameda  prior  to  the 
first  day  of  April,  one  thousand  nine  hundred  seventeen,  and  the  terms  and  conditions 
expressed  therein  are  affirmed.  [Amendment  of  May  24, 1917.  In  effect  July  27,  1917. 
Stats.  1917,  p.  907.] 

$  2.     [Repealed  May  24,  1917.     Stats.  1917,  p.  909.] 


Acts  124-146,  §  1 


GE^NERAL.  LAAVS. 


CHAPTER  7. 
ALAMEDA  COUNTY. 

CONTENTS  OF  CHAPTER. 

ACT  124.     Increase  of  Number  of  Supebioe  Judges. 

130.  Eeceiving  Hospital. 

131.  Control  of  Bridge  Across  San  Antonio  Estuaet. 

INCREASE  OF  NUMBER  OF  SUPERIOR  JUDGES. 

ACT  124 — An  act  to  increase  the  number  of  judges  of  the  superior  court  of  the  county 

of  Alameda,  and  for  the  appointment  of  such  additional  judges. 

History:  Approved  May  5,  1917.  In  effect  July  27,  1917.  Stats. 
1917,  p.  242.  Prior  acts  increasing  the  number  of  judges:  Act  of 
March  3,  1881,  Stats.  1881,  p.  19,  increased  the  number  from  two  to 
three;  Act  of  February  13,  1893,  Stats.  1893,  p.  3,  increased  the  num- 
ber from  three  to  four;  Act  of  March  14,  1901,  Stats.  1901,  p.  295, 
increased  the  number  from  four  to  five;  Act  of  April  6,  1909,  Stats. 
1909,  p.  799,  increased  the  number  from  five  to  six.  The  present  act 
increases  the  number  to  eight. 

RECEIVING  HOSPITAL. 

ACT  130 — An  act  to  authorize  the  board  of  supervisors  of  Alameda  to  establish  • 
receiving  hospital  in  the  city  of  Oakland. 

History:     Approved  March  29,  1878,  Stats.  1877-78,  p.  640. 

BRIDGE  ACROSS  SAN  ANTONIO  ESTUARY. 
ACT  131 — An  act  giving  control  of  the  bridge  across  the  estuary  of  San  Antonio,  in 
the  county  of  Alameda,  to  the  supervisors  of  said  county. 

History:     Approved  December  21,   1877,  Stats.   1877-78,  p.  3. 

ALAMEDA  COUNTY  WATER  DISTRICT. 

See  tit.  "Water  Districts." 

CHAPTER  8. 

ALBANY. 
References:    fncorporation,  etc.,  see,  post.  Act  3094,  note. 

CONTENTS  OF  CHAPTER. 
ACT  146.     Tide  Land  Grant. 


TIDE  LAND  GRANT. 
ACT  146 — An  act  granting  certain  tidelands  and  submerged  lands  of  the  state  of 
California  to  the  city  of  Albany,  and  regulating  the  management,  use  and  control 
thereof. 

History:    Approved   May  6,   1919.     In  effect  July   22,   1919.     Stats. 
1919,  p.  310. 

Tidelands  granted  to  city  of  Albany.     Conditions  of  grant. 

§  1.  There  is  hereby  granted  to  the  city  of  Albany,  a  municipal  corporation  of  the 
state  of  California,  and  to  its  successors,  all  the  right,  title  and  interest  of  the  state 
of  California,  held  by  said  state  by  virtue  of  its  sovereignty  in  and  to  all  tidelands 
and  submerged  lands,  whether  filled  or  unfilled,  which  are  included  within  the  present 
boundaries  of  the  city  of  Albany,  to  be  forever  held  by  said  city  and  by  its  successors 
in  trust  for  the  use  and  purposes,  and  upon  the  express  conditions  following,  to  wit : 


57  ALHA:<IBRA — AI^IENS.  Acts  147,  150 

(a)  That  said  lands  shall  be  used  by  said  city  and  its  successors,  only  for  the  estab- 
liyhment,  improvement  and  conduct  of  a  harbor,  and  for  the  construction,  maintenance 
and  operation  thereon  of  wharves,  docks,  piers,  slips,  quays,  and  other  utilities,  struc- 
tures and  appliances  necessary  or  convenient  for  the  promotion  and  accommodation  of 
commerce  and  navigation,  and  said  city  or  its  successors  shall  not,  at  any  time,  grant, 
convey,  give  or  alien  said  lands  or  any  part  thereof  to  any  individual,  firm  or  corpora- 
tion, for  any  purposes  whatever;  provided,  that  said  city  or  its  successors  may  grant 
franchises  thereon,  for  limited  periods,  but  in  no  event  exceeding  fifty  years  for 
wharves  and  other  public  uses  and  purposes,  and  may  lease  said  lands  or  any  part 
thereof  for  limited  periods,  but  in  no  event  exceeding  fifty  years,  for  the  purposes 
consistent  with  the  trusts  upon  which  said  lands  are  held  by  the  state  of  California, 
and  with  the  requirements  of  commerce  or  navigation  at  said  harbor. 

(b)  That  said  harbor  shall  be  improved  by  said  city  without  expense  to  the  state, 
and  shall  always  remain  a  public  harbor  for  all  purposes  of  commerce  and  navigation, 
and  the  state  of  California  shall  have  at  all  times  the  right  to  use,  without  charge,  all 
wharves,  docks,  piers,  slips,  quays  and  other  improvements  constructed  on  said  lands, 
or  any  part  thereof,  for  any  vessel  or  other  water  craft,  or  railroad,  owned  or  operated 
by  the  state  of  California. 

(c)  That  in  the  management,  conduct  or  operation  of  said  harbor,  or  of  any  of  the 
utilities,  structures  or  appliances  mentioned  in  paragraph  (a),  no  discrimination  in 
rates,  tolls,  or  charges  or  in  facilities  for  any  use  or  service  in  connection  therewith 
shall  ever  be  made,  authorized  or  permitted  by  said  city  or  its  successors. 

(d)  There  is  hereby  reserved,  however,  in  the  people  of  the  state  of  California 
the  absolute  right  to  fish  in  all  the  waters  of  said  harbor,  with  the  right  of  convenient 
access  to  said  waters  over  said  land  for  said  purpose. 

CHAPTER  9. 
ALHAMBRA. 

CONTENTS  OF  CHAPTER. 

ACT  147.     Freeholders'  Charter. 

CHARTER  OF  THE  CITY  OF  ALHAMBRA. 
A.CT  147— Charter  of  Alhambra. 

History:  Freeholder  charter  voted  for  and  ratified  at  a  special 
municipal  election  October  14,  1914.  Filed  with  the  secretary  of 
state  January  30,  1915,  Stats.  1915,  p.  1740. 

CHAPTER  10. 
ALIENS. 

CONTENTS  OF  CHAPTER. 

ACT  150.  Licenses  to  Aliens. 

151.  Indexing  Names  op  Persons  Who  Have  Declared  Intention. 

152.  Escheated  Estates. 

153.  Fishing  by  Aliens. 

155.  Employment  of  Naturalized  and  Native  Born  Citizens  in  Public  Offices. 

156.  Alien  Land  Law. 

LICENSES  TO  ALIENS. 
ACT  150 — An  act  to  prohibit  the  issuance  of  licenses  to  aliens  not  eligible  to  become 
electors  of  the  state  of  California. 

History:     Approved  April  12,  18S0,  Stats.  1880,  p.  39. 


4ot»  151-155 


GENKRAL,   LAAVS. 


5S 


Code  i!omnilss!oners'  note:  "Unconstitu- 
tional.— People  V.  Quong  On  Long,  6  Pac. 
C.  L.  J.  192;  see  Pol.  Code,  §  3366,  as  amended 
1901,   p.    635." 


the  fourteenth  amendment  of  the  constitu- 
tion of"  the  United  States. — In  re  Ah  Chong, 
2   Fed.    733. 

Admission    as    attorney. — See    Kerr's    Cyc 


Unconstitutional  and   void  as  violative  of       Code  Civil  Procedure,  S§  275,  279. 

INDEXING  OF  PERSONS  WHO  HAVE  DECLARED  INTENTION. 

ACT  151 — An  act  to  provide  for  indexing  the  names  of  persons  who  have  declared 

their  intention  to  become  or  who  have  become  citizens  of  the  United  States,  in  the 

several  courts  of  record  in  the  state. 

History:     Approved  February  8,  1872,  Stats.  1871-72,  p.  80, 

Code  commissioners'  note:    "Section  1  probably  in  force,  section  2  superseded  by  fee  bill 
of  1895,  p.  267." 

ESCHEATED  ESTATES. 
ACT  152 — An  act  relative  to  escheated  estates. 

History:     Approved  April  19,  1856,  Stats.  1856,  p.  137. 

When  claim  of  escheated  estate,  time  to 
make.  —  See  Kerr's  Cyc.  Political  Code, 
§  1269;  Kerr's  Cyc.  Civil  Code,  §§  672,  1404. 

Constitutional — The  act  is  constitutional. 
— State  V.  Rogers,  13  Cal.  159. 

Constitutional  provisions  as  to  aliens. — 
See  constitution,  article  I,  §  17,  and  article 
XIX,   §§  1,   4. 

Inheritance  by  aliens. — See  Kerr's  Cyc. 
Civil  Code,   §  1404. 

Limitation  of  actions  by. — See  Kerr's  Cyc. 
Code  Civil  Procedure,  §  354. 


Non-resident  aliens. — Interest  escheats.— 
See  Kerr's  Cyc.  Civil  Code.  §§  1404-1407. 

Property  risbts  of  aliens. — See  Kerr's  Cyc. 
Civil  Code,  §§  671,  672,  1404.  See.  also. 
"Alien  Land  Law,"   post.  Act   156. 

Public  employment. — See,   post.   Act  155. 

Superseded.  —  Probably  superseded.  —  See 
Kerr's  Cyc.  Civil  Code,  §§  671,  672,  and 
Kerrs  Cyc.  Code  Civil  Procedure,  SS 1269- 
1272. 


FISHING  BY  ALIENS. 
ACT  153 — An  act  relating  to  fishing  in  this  state. 

History:     Approved  April  23,  1880,  Stats.  1880,  p.  123. 


Code    commissioners'    note:     "Unconstitu- 
tional; In  re  Ah  Chong,  5  Pac.  C.  L.  J.  451." 
Hunting'. — See  tit.  "Game  Laws." 
Fishing:. — This   act   prohibited    aliens.    In- 


capable  of   becoming  citizens,   from   fishing 
in  the  waters  of  the  state. 

Various    rights    of    aliens. — See    notes    to, 

ante.   Act   152. 


EMPLOYMENT  OF  NATIVE  BORN  AND  NATURALIZED   CITIZENS  IN 

PUBLIC  OFFICES. 
ACT  155 — An  act  to  secure  to  native-born  and  naturalized  citizens  of  the  United  States 
the  exclusive  right  to  be  employed  in  any  department  of  the  state,  county,  city  and 
county  and  city  government  in  this  state,  except  in  certain  schools,  to  validate  cer- 
tain acts,  and  to  repeal  all  acts  in  conflict  herewith. 

History:  Approved  May  19,  1915.  In  effect  August  8,  1915.  Stats. 
1915,  p.  690.  Prior  acts:  Act  of  April  3,  1880,  Stats.  1880,  p.  23,  prob- 
ably superseded  by  the  Act  of  March  23,  1901,  Stats.  1901,  p.  589,  which 
was  repealed  by  the  present  act. 

Only  citizens  for  public  work.    Exceptions. 

§  1.  No  person  except  a  native-born  or  naturalized  citizen  of  the  United  States, 
sHaII  be  employed  in  any  department  of  the  state,  county,  city  and  county  or  city 
government  in  this  state;  provided,  however,  that  nothing  herein  contained  shall  pro- 
hibit the  employment  as  a  member  of  the  faculty  or  teaching  force  in  public  schools 
of  this  state,  nor  in  schools  supported  in  whole  or  in  part  by  the  state,  of  any  person 
who  has  declared  his  intention  to  become  a  citizen  of  the  United  States,  nor  of  any 
native-born  woman  of  the  United  States  who  has  tnarried  a  foreigner;  and  provided, 
further,  that  the  prohibitions  of  this  act  shall  not  apply  to  any  member  of  the  faculty 
or  teaching  force  of  any  college  or  university  supported  in  whole  or  in  part  by  the 


50  ALIEXS.  Act  156,  §§  1,  2 

state,  nor  to  any  specialists  or  expert  temporarily  employed  by  any  department  of  the 
state,  or  any  county,  city  and  county  or  city  and  engaged  in  special  investigation. 

JQnlawful  to  employ  persons  other  than  citizens. 

$  2.  It  shall  be  unlawful  for  any  person,  whether  elected,  appointed  or  commissioned 
to  fill  any  office  in  either  the  state,  county,  city  and  county  or  city  government  of  this 
state,  or  in  any  department  thereof,  to  appoint  or  employ  any  person  to  perform  any 
duties  whatsoever,  unless  such  person  so  appointed  or  employed  be  a  native-born  or 
naturalized  citizen  of  the  United  States,  subject  nevertheless,  to  the  exceptions  con- 
tained in  section  one  of  this  act. 

No  payment  for  persons  other  than  citizens. 

§  3.  No  money  shall  be  paid  out  of  the  state  treasury  or  out  of  the  treasury  of  any 
county,  or  city  and  county  or  city,  to  any  person  employed  in  any  of  the  offices  men- 
tioned in  section  two  of  this  act  unless  such  person  shall  be  a  native-born  or  naturalized 
citizen  of  the  United  States,  subject  to  the  exceptions  contained  in  section  one  of  this 
act. 

Term  defined. 

$  4.  As  used  in  this  act  the  term  "person  who  has  declared  his  intention  to  become 
a  citizen ' '  shall  not  include  any  person  who  fails  to  secure  his  certificate  of  naturaliza- 
tion within  six  months  after  the  time  that  he  is  entitled  by  law  to  secure  the  same. 

Previous  pa3mients  validated. 

$  5.  No  action  shall  be  authorized  or  maintained  for  the  recovery  of  money  hereto- 
fore paid  to  any  member  of  the  faculty  or  teaching  force  of  any  public  school  of  this 
state,  or  any  school,  college  or  university  supported  in  whole  or  in  part  by  the  state, 
and  all  payments  so  made  are  hereby  approved  and  declared  valid. 

Repealed. 

$  6.  An  act  entitled,  "An  act  to  secure  to  native-born  and  naturalized  citizens  of 
the  United  States  the  exclusive  right  to  be  employed  in  any  department  of  the  state, 
county,  city  and  county,  or  incorporated  city  or  town  government  in  this  state,"  ap- 
proved March  23,  1901,  is  hereby  repealed  and  all  other  acts  or  parts  of  acts  in  coe- 
flict  with  this  act  are  hereby  repealed. 

ALIEN  LAND  LAW. 
ACT  156— An  act  relating  to  the  rights,  powers  and  disabilities  of  aliens  and  of  certain 
companies,  associations  and  corporations  with  respect  to  property  in  this  state  pro- 
viding for  escheats  in  certain  cases,  prescribing  the  procedure  therein,  requiring 
reports  of  certain  property  holdings  to  facilitate  the  enforcement  of  this  act,  pre- 
scribing penalties  for  violation  of  the  provisions  hereof,  and  repealing  all  acts  or 
parts  of  acts  inconsistent  or  in  conflict  herewith. 

History:     Initiative    act    submitted    to    the    people    at    the    general 
election  of  November  2,  1920,  and  adopted.    In  effect  December  9,  1920. 

$  1.  All  aliens  eligible  to  citizenship  under  the  laws  of  the  United  States  may 
acquire,  possess,  enjoy,  transmit  and  inherit  real  property,  or  any  interest  therein  in 
this  state,  in  the  same  manner  and  to  the  same  extent  as  citizens  of  the  United  States 
except  as  otherwise  provided  by  the  laws  of  this  state. 

$  2.  All  aliens  other  than  those  mentioned  in  section  one  of  this  act  may  acquire 
possess,  enjoy  and  transfer  real  property,  or  any  interest  therein,  in  this  state  in  the 
manner  and  to  the  extent  and  for  the  purpose  prescribed  by  any  treaty  now  existing 
between  the  government  of  the  United  States  and  the  nation  or  country  of  which  such 
alien  is  a  citizen  or  subject,  and  not  otherwise. 


Act  15C,  §§  3-5.  GENERAL  LAWS. 


60 


$  3.  Any  company,  association  or  corporation  organized  under  the  laws  of  this  or 
any  other  state  or  nation,  of  which  a  majority  of  the  members  are  aliens  other  than 
those  specified  in  section  one  of  this  act,  or  in  which  a  majority  of  the  issued  capital 
stock  is  owned  by  such  aliens,  may  acquire,  possess,  enjoy  and  convey  real  property, 
or  any  interest  therein,  in  this  state,  in  the  manner  and  to  the  extent  and  for  the  pur- 
poses prescribed  by  any  treaty  now  existing  between  the  government  of  the  United 
States  and  the  nation  or  country  of  which  such  members  or  stockholders  are  citizens 
or  subjects,  and  not  otherwise.  Hereafter  all  aliens  other  than  those  specified  in  section 
one  hereof  may  become  members  of  or  acquire  shares  of  stock  in  any  company,  associa- 
tion or  corporation  that  is  or  may  be  authorized  to  acquire,  possess,  enjoy  or  convey 
agricultural  land,  in  the  manner  and  to  the  extent  and  for  the  purposes  prescribed  by 
any  treaty  now  existing  between  ^the  government  of  the  United  States  and  the  nation 
or  country  of  which  such  alien  is  a  citizen  or  subject,  and  not  otherwise. 

§  4,  Hereafter  no  alien  mentioned  in  section  two  hereof  and  no  company,  association 
or  corporation  mentioned  in  section  three  hereof,  may  be  appointed  guardian  of  that 
portion  of  the  estate  of  a  minor  which  consists  of  property  which  such  alien  or  such 
company,  association  or  corporation  is  inhibited  from  acquiring,  possessing,  enjoying 
or  transferring  by  reason  of  the  pro\'isions  of  this  act.  The  public  administrator  of 
the  proper  county,  or  any  other  competent  person  or  corporation,  may  be  appointed 
guardian  of  the  estate  of  a  minor  citizen  whose  parents  are  ineligible  to  appointment 
under  the  provisions  of  this  section. 

On  such  notice  to  the  guardian  as  the  court  may  require,  the  superior  court  may 
remove  the  guardian  of  such  an  estate  whenever  it  appears  to  the  satisfaction  of  the 
court : 

(a)  That  the  guardian  has  failed  to  file  the  report  required  by  the  provisions  of  sec- 
tion five  hereof;  or 

(b)  That  the  property  of  the  ward  has  not  been  or  is  not  being  administered  with 
due  regard  to  the  primary  interest  of  the  ward ;  or 

(c)  That  facts  exist  which  would  make  the  guardian  ineligible  to  appointment  in  the 
first  instance;  or 

(d)  That  facts  establishing  any  other  legal  ground  for  removal  exist. 

§  5.  (a)  The  term  "trustee"  as  used  in  this  section  means  any  person,  company, 
association  or  corporation  that  as  guardian,  trustee,  attorney-in-fact  or  agent,  or  in 
any  other  capacity  has  the  title,  custody  or  control  of  property,  or  some  interest  therein, 
belonging  to  an  alien  mentioned  in  section  two  hereof,  or  to  the  minor  child  of  such 
an  alien,  if  the  property  is  of  such  a  character  that  such  alien  is  inhibited  from  acquir- 
ing, possessing,  enjoying  or  transferring  it. 

(b)  Annually  on  or  before  the  thirty-first  day  of  January  every  such  trustee  must 
file  in  the  office  of  the  secretary  of  state  of  California  and  in  the  ofl&ce  of  the  county 
clerk  of  each  county  in  which  any  of  the  property  is  situated,  a  verified  written  report 
showing : 

(1)  The  property,  real  or  personal,  held  by  him  for  or  on  behalf  of  such  an  alien  or 
minor ; 

(2)  A  statement  showing  the  date  when  each  item  of  such  property  came  into  his 
possession  or  control; 

(3)  An  itemized  account  of  all  expenditures,  investments,  rents,  issues  and  profits  in 
respect  to  the  administration  and  control  of  such  property  with  particular  reference  to 
holdings  of  corporate  stock  and  leases,  cropping  contracts  and  other  agreements  in 
respect  to  land  and  the  handling  or  sale  of  products  thereof. 

(c)  Any  person,  company,  association  or  corporation  that  violates  any  provision  of 
this  section  is  guilty  of  a  misdemeanor  and  shall  be  punished  by  a  fine  not  exceeding 


Rl  ALIENS.  Act  156,  §8  6-9 

one  thousand  dollars  or  by  imprisonment  in  the  county  jail  not  exceeding  one  year,  or 
by  both  such  fine  and  imprisonment. 

(d)  The  provisions  of  this  section  are  cumulative  and  are  not  intended  to  change 
the  jurisdiction  or  the  rules  of  practice  of  courts  of  justice. 

§  6.  Whenever  it  appears  to  the  court  in  any  probate  proceeding  that  by  reason  of 
the  provisions  of  this  act  any  heir  or  devisee  can  not  take  real  property  in  this  state 
or  membership  or  shares  of  stock  in  a  company,  association  or  corporation  which,  but 
for  said  provisions,  said  heir  or  devisee  would  take  as  such,  the  court,  instead  of  order- 
ing a  distribution  of  such  property  to  such  heir  or  devisee,  shall  order  a  sale  of  said 
property  to  be  made  in  the  manner  provided  by  law  for  probate  sales  of  property  and 
the  proceeds  of  such  sale  shall  be  distributed  to  such  heir  or  devisee  in  lieu  of  such 
property. 

§  7.  Any  real  property  hereafter  acquired  in  fee  in  violation  of  the  provisions  of 
this  act  by  any  alien  mentioned  in  section  two  of  this  act,  or  by  any  company,  associa- 
tion or  corporation  mentioned  in  section  three  of  this  act,  shall  escheat  to,  and  become 
and  remain  the  property  of  the  state  of  California.  The  attorney  general  or  district 
attorney  of  the  proper  county  shall  institute  proceedings  to  have  the  escheat  of  such 
real  property  adjudged  and  enforced  in  the  manner  provided  by  section  four  hundred 
seventy-four  of  the  Political  Code  and  title  eight,  part  three  of  the  Code  of  Civil 
Procedure.  Upon  the  entry  of  final  judgment  in  such  proceedings,  the  title  to  such  leal 
'property  shall  pass  to  the  state  of  California.  The  provisions  of  this  section  and  of  sec- 
tions two  and  three  of  this  act  shall  not  apply  to  any  real  property  hereafter  acquired 
in  the  enforcement  or  in  satisfaction  of  any  lien  now  existing  upon,  or  interest  in  such 
property,  so  long  as  such  real  property  so  acquired  shall  remain  the  property  of  the 
alien,  company,  association  or  coi-poration  acquiring  the  same  in  such  manner.  No 
alien,  company,  association  or  corporation  mentioned  in  section  two  or  section  three 
hereof  shall  hold  for  a  longer  period  than  two  yeara  the  possession  of  any  agricultural 
land  acquired  in  the  enforcement  of  or  in  satisfaction  of  a  mortgage  or  other  lien  here- 
after made  or  acquired  in  good  faith  to  secure  a  debt. 

§  8.  Any  leasehold  or  other  interest  in  real  property  less  than  the  fee,  hereafter 
acquired  in  violation  of  the  provisions  of  this  act  by  any  alien  mentioned  in  section 
two  of  this  act,  or  by  any  company,  association  or  corporation  mentioned  in  section 
three  of  this  act,  shall  escheat  to  the  state  of  California.  The  attorney  general  or  dis- 
trict attorney  of  the  proper  county  shall  institute  proceedings  to  have  such  escheat 
adjudged  and  enforced  as  provided  in  section  seven  of  this  act.  In  such  proceedings 
the  court  shall  determine  and  adjudge  the  value  of  such  leasehold  or  other  interest  in 
such  real  property,  and  enter  judgment  for  the  state  for  the  amount  thereof  together 
with  costs.  Thereupon  the  court  shall  order  a  sale  of  the  real  property  covered  by  such 
leasehold,  or  other  interest,  in  the  manner  provided  by  section  twelve  hundred  seventy- 
one  of  the  Code  of  Civil  Procedure.  Out  of  the  proceeds  arising  from  such  sale,  the 
amount  of  the  judgment  rendered  for  the  state  shall  be  paid  into  the  state  treasury  and 
the  balance  shall  be  deposited  with  and  distributed  by  the  court  in  accordance  with  the 
interest  of  the  parties  therein.  Any  share  of  stock  or  the  interest  of  any  member  in  a 
company,  association  or  corporation  hereafter  acquired  in  violation  of  the  provisions 
of  section  three  of  this  act  shall  escheat  to  the  state  of  California.  Such  escheat  shall 
be  adjudged  and  enforced  in  the  same  manner  as  provided  in  this  section  for  the 
escheat  of  a  leasehold  or  other  interest  in  real  property  less  than  the  fee. 

§  9.  Every  transfer  of  real  property,  or  of  an  interest  therein,  though  colorable  in 
form,  shall  be  void  as  to  the  state  and  the  interest  thereby  conveyed  or  sought  to  be 
conveyed  shall  escheat  to  the  state  if  the  property  interest  involved  is  of  such  a  charac- 
ter that  an  alien  mentioned  in  section  two  hereof  is  inhibited  from  acquiring,  possess- 
ing, enjoying  or  transferring  it,  and  if  the  conveyance  is  made  with  intent  to  prevent, 
evade  or  avoid  escheat  as  provided  for  herein. 


Act  156,  §§  10-14  GENERAL,  LAWS.  Ci 

A  prima  facie  presumption  that  the  conveyance  is  made  with  snch  intent  shall  arise 
upon  proof  of  any  of  the  following  groups  of  facts : 

(a)  The  taking  of  the  property  in  the  name  of  a  person  other  than  the  persons  men- 
tioned in  section  two  hereof  if  the  consideration  is  paid  or  agreed  or  understood  to  be 
paid  by  an  alien  mentioned  in  section  two  hereof; 

(b)  The  taking  of  the  property  in  the  name  of  a  company,  association  or  corporation, 
if  the  memberships  or  shares  of  stock  therein  held  by  aliens  mentioned  in  section  two 
hereof,  together  with  the  memberships  or  shares  of  stock  held  by  others  but  paid  for  or 
agreed  or  understood  to  be  paid  for  by  such  aliens,  would  amount  to  a  majority  of  the 
membership  or  the  issued  capital  stock  of  such  company,  association  or  corporation; 

(e)  The  execution  of  a  mortgage  in  favor  of  an  alien  mentioned  in  section  two  hereof 
if  said  mortgagee  is  given  possession,  control  or  management  of  the  property. 

The  enumeration  in  this  section  of  certain  presumptions  shall  not  be  so  construed 
as  to  preclude  other  presumptions  or  inferences  that  reasonably  may  be  made  as  to  the 
existence  of  intent  to  prevent,  evade  or  avoid  escheat  as  provided  for  herein. 

§  10.  If  two  or  more  persons  conspire  to  effect  a  transfer  of  real  property,  or  of  an 
interest  therein,  in  violation  of  the  provisions  hereof,  they  are  punishable  by  imprison- 
ment in  the  county  jail  or  state  penitentiary  not  exceeding  two  years,. or  by  a  fine  not 
exceeding  five  thousand  dollars,  or  both, 

§  11.  Nothing  in  this  act  shall  be  construed  as  a  limitation  upon  the  power  of  the 
state  to  enact  laws  with  respect  to  the  acquisition,  holding  or  disposal  by  aliens  of 
real  property  in  this  state. 

$  12.  All  acts  and  parts  of  acts  inconsistent  or  in  conflict  with  the  provisions  hereof 
are  hereby  repealed;  provided,  that — 

(a)  This  act  shall  not  affect  pending  actions  or  proceedings,  but  the  same  may  be 
prosecuted  and  defended  with  the  same  effect  as  if  this  act  had  not  been  adopted ; 

(b)  No  cause  of  action  arising  under  any  law  of  this  state  shall  be  affected  by  reason 
of  the  adoption  of  this  act  whether  an  action  or  proceeding  has  been  instituted  thereon 
at  the  time  of  the  taking  effect  of  this  act  or  not  and  actions  may  be  brought  upon  such 
causes  in  the  same  manner,  under  the  same  terms  and  conditions,  and  with  the  same 
effect  as  if  this  act  had  not  been  adopted; 

(c)  This  act  in  so  far  is  it  does  not  add  to,  take  from  or  alter  an  existing  law,  shall 
be  construed  as  a  continuation  thereof. 

$  13.  The  legislature  may  amend  this  act  in  furtherance  of  its  purpose  and  to  facili- 
tate its  operation. 

§  14.  If  any  section,  subsection,  sentence,  clause  or  phrase  of  this  act  is  for  any  rea- 
son held  to  be  unconstitutional,  such  decision  shall  not  affect  the  validity  of  the  remain- 
ing portions  of  this  act.  The  people  hereby  declare  that  they  would  have  passed  this 
act,  and  each  section,  subsection,  sentence,  clause  and  phrase  thereof,  irrespective  of 
the  fact  that  any  one  or  more  other  sections,  subsections,  sentences,  clauses  or  phrases 
be  declared  unconstitutional. 

As  to  suit  to  quiet  title  of  alien   against  Rights    of    aliens    In    seneral. — See,    ante, 

state,  where  title  was  acquired  prior  to  en-       Act   152. 
actment  of  Alien  Land  Law,   see,  post.   Act 
4830a. 

ALPINE  COUNTY. 
See  Kerr's  Cyc.  Political  Code. 

ALTURAS. 

See  Act  3094,  note. 

ALVISO. 
See  Act  3094,  note. 


63  AMADOR  CITY.  Acta  176-186 

CHAPTER  IL 
AMADOR  CITY. 

CONTENTS  OF  CHAPTER. 
ACT  176.    Hogs  and  Goats  Eunninq  at  Large. 

HOGS  AND  GOATS. 

ACT  176 — An  act  to  prevent  hogs  and  goats  running  at  large  in  Amador  city,  Amador 

county. 

History:  Approved  March  30,  1874,  Stats.  1873-74,  p.  905. 

Code  commissioners  say  this  act  was  repealed  by  the  general  estray  law;  but  see  editor's 
note  to  chapter  on  "Estrays." 

CHAPTER  12. 
AMADOR  COUNTY. 

CONTENTS  OF  CHAPTER. 
ACT  185.     Portion  of  El  Dorado  County  Added  To. 

186.  Indebtedness  Prior  to  Organization. 

187.  Amador  and  Nevada  Wagon  Eoad. 

188.  Trespassing  of  Goats  on  Enclosed  Land. 

189.  Hogs  and  Goats  Running  at  Large. 

PORTION  OF  EL  DORADO  COUNTY  ADDED  TO. 
ACT  185 — An  act  to  attach  a  portion  of  El  Dorado  county  to  the  county  of  Amador. 
History:    Approved  April  16,  1855,  Stats.  1855,  p.  113. 
Election    to    divide    county. — See     act    of   May   10.   1854,   Stats.   1854,   p.   156. 

INDEBTEDNESS  PRIOR  TO  ORGANIZATION. 
ACT  186 — An  act  to  provide  for  the  ascertainment  of  the  indebtedness  of  Calaveras 
county,  prior  to  the  organization  of  Amador  county;  and  to  provide  for  the  pay- 
ment of  that  portion  due  from  Amador  county  to  the  county  of  Calaveras. 
History:    Approved  April  27,  1855,  Stats.  1855,  p.  165. 

DlTlsIon  of  county — Division  of  indebted-  est    by    a    subsequent    act    of    legislation. — 

ness — The  claim   of  the   old   county   asainst  Beals  v.  Amador  County,  35  Cal.   624. 

the  new   county,   for   the   latter's   proportion  Same — Same  —  Same Special   fund. The 

of  the  indebtedness  before  division  is  of  an  provisions    of    §  9    as    to   creation    of    special 

equitable  nature,  and  legislation  is  required  fund  by  Amador  County   to  pay  its  propor- 

to    enforce    Its   payment.— Beals    v.    Supervi-  tion   of   the   Calaveras  County   indebtedness, 

sors,  28  Cal.  449.  did   not   contemplate  that  such   fund   should 

Same — Same — Same  —  Cho-ses  in  action —  be  fully  collected  and  paid  into  the  county 
Sale. — The  provisions  of  §  9  does  not  con-  treasury  before  any  part  of  the  fund  could 
template  that  choses  in  action  should  be  be  demanded  in  payment  of  the  Indebted- 
sold  at  public  auction  as  required  by  the  act  ness  for  which  it  was  provided,  and  pay- 
of  March  20,  1855,  "to  create  a  board  of  ment  may  be  demanded  at  any  time  when 
supervisors  In  the  counties  of  this  state  and  funds  are  in  the  hand  of  the  treasurer  to 
to  define  their  duties  and  powers,"  and  meet  the  warrant. — Beals  v.  Evans,  10  Cal. 
there   is   nothing   In   that   act   to   restrict    a  459. 

county  to  exchange  Its  credits  for  Its  debts.  Payment  of  Amador's  proportion  of  Cala- 

if   it   so    desires,    and    can    find   any    one    to  veras     County    Indebtedness.  —  See     act     of 

enter  Into  that  kind  of  a  contract. — Beals  v.  March    31,    1866,    Stats.    1865-66,    p.    471,    and 

Evans,  10  Cal.  459.  the    supplementary    act    of    March    30,    1872, 

Same — Same  —  Same  —  Interest. — The  new  Stats.   1871-72,  p.  698. 
county  is  not  required  to  pay  interest  on  Its  Fnconstitutional. — The  provisions  of  §  2  of 

proportion  of  the  Indebtedness  due  the  old  the  act  barring  Calaveras  County  warrants 

county,  unless  the  legislative  act  requiring  unless  presented  for  registration  to  the  au- 

payment    of    the    principal    so     provides. —  ditor  of  the  county  before  the  day  fixed  is 

Beals  V.  Supervisors,  28  Cal.  449.  unconstitutional    as    an    Impairment    of    the 

Same — Same — Same — Same. — But    the    leg-  obligation  of  contracts. — Robinson  v.  Magee. 

islature  may  require  such  payment  of  inter-  9  Cal.  81,  70  Am.  Dec.  638. 


ActslS7-195  GENERAl.  LAWS.  «4 

AMADOR  AND  NEVADA  WAGON  ROAD. 

ACT  187 — An  act  to  authorize  the  board  of  supervisors  of  Amador  county  to  declare 

that  portion  of  the  Amador  and  Nevada  wagon  road  which  lies  in  Amador  county  a 

toll  road. 

History:    Approved  April  1,  1878,  Stats.  1877-78,  p.  963. 

Constitutionality. — Question    of    constitu-  any  franchise  to   other   persons. — People   ex 

tionality  is  raised  but  not  decided. — People  rel.  Williams  v.  Horsley,  65  Cal.  381,  4  Pac. 

ex  rel.    Williams   v.   Horsley,    65    Cal.    381,    4  384. 

Paii  alii.  Repealed. — Question  as  to  whether  it  was 

Grant  of  franchise  —  Effect  of  act. — The  repealed  by  the  act  of  February  28,  1883 
act  simply  grants  the  franchise  to  the  (Stats.  1883,  pp.  5,  20),  raised  but  not  de- 
county  to  collect  tolls  on  the  road,  and  does  cided. — People  ex  rel.  Williams  v.  Horsley, 
not  purport  to  authorize  the  county  to  grant  65  Cal.  381,  4  Pac.  384, 

TRESPASSING  OF  GOATS. 
ACT  188 — An  act  to  prevent  the  trespassing  of  goats  on  enclosed  lands  in  Amador 

county. 

History:    Approved  March  26,  1878,  Stats.  1877-78,  p.  536. 

HOGS  AND  GOATS. 
ACT  189 — Sutter  Creek,  town  of,  Amador  county,  preventing  hogs  and  goats  running 
at  large  in. 

History:    Approved  March  23,  1876,  Stats.  1875-76,  p.  402. 
Code  commissioners  say  this  act  was  re-      but  see  editor'^  note  to  chapter  on  "Estrays." 
pealed  by   the   general   estray   law   of   1897; 

CHAPTER  13. 
AMERICAN  WATER  AND  MINING  COMPANY. 

CONTENTS  OF  CHAPTER. 
ACT  195.     Extension  of  Woek. 

EXTENSION  OF  WORKS. 
ACT  195 — Authorizing  American  Water  and  Mining  Company  to  extend  its  works. 

History:    Approved  April  6,  1860,  Stats.  1860,  p.  155.    Supplemented 
March  21,  1872,  Stats.  1871-72,  p.  471. 
Benefits  of  act   conferred   on   assignees. —       act  were  conferred  upon  George  W.  Reamer 
By  the  supplemental  act  the  benefits  of  the       and  associates,  assignees  of  the  company. 

ANAHEIM. 
See  post  Act  3094,  note. 

ANGELS. 
See  Act  3094,  note. 

CHAPTER  14. 

ANIMALS. 

References:   See  tits.  "Cruelty  to  Animals";  "Estrays";  "Game  Laws";  "Goats";  Hogs"; 
"Live  Stock";  "Sheep";  "Stallions";  "Trespassing  Animals." 
See,  also,  Kerr's  Cyc.  Penal  Code,  same  and  cognate  titles. 
Dog,  property  in,  larceny  of,  value  of.     See  Kerr's  Cyc.  Penal  Code,  §  47L 

CONTENTS  OF  CHAPTER. 

ACT  249.    Destruction  op  Squirrels  and  Gophers. 

250.  Abatement  of  Squirrel  Nuisance. 

251.  Destruction  of  Predatoey  Animals. 


G5  ANIMALS.  Acts  249-251,  §§  1-3 

DESTRUCTION  OF  SQUIRRELS  AND  GOPHERS. 
ACT  249 — An  act  to  encourage  the  destruction  of  sauirrels  and  gophers  in  certain 
counties  of  this  state,  and  to  provide  for  a  hcunty  for  the  same. 

History:  Approved  March  16,  1870,  Stats.  1869-70,  p.  316,  Amended 
March  21,  1872,  Stats.  1871-72,  p.  474;  March  23,  1872,  Stats.  1871-72, 
p.  532;  April  1,  1872,  Stats.  1871-72,  p.  834. 

Code  commissioners  say  this  act  was  su-  This  act  applied  to  Alameda,  Contra  Costa, 

perseded  by  the  county  government  act  em-  Fresno,  Stanislaus,  Merced,  San  Joaquin,  and 

powering  the  county  supervisors  to  provide  Yolo  counties.    It  was'repealed  as  to  Stanis- 

for    the    destruction    of    gophers,    squirrels,  laus  county  by  an  act  for  that  purpose  ap- 

etc;  but  it  is  suggested  that  the  true  view  proved  March  28,  1876,  Stats.  1875-76,  p.  513; 

should   be   that   the   act   continues   in   force  and   as    to   Alameda   county,   by   an    act   ap- 

until    the    supervisors    exercise    the    power,  proved    January)  11,    1872,    Stats.    1871-72,    p. 

and    is    suspended    only    while    there    is    a  18;   and  as   to  Contra  Costa   county,   by   the 

county  ordinance  in  effect.  amendatory  act  of  April  1,  1872,  Stats.  1871- 

72,  p.  834. 

ABATEMENT  OF  SQUIRREL  NUISANCE. 

ACT  250 — An  act  to  abate  the  squirrel  nuisance  in  Stanislaus,  Santa  Ctvlz,  San  Joaquin, 

Merced,  Fresno,  San  Benito,  Tulare,  San  Mateo,  Santa  Clara,  Monterey,  and  Kern 

counties,  State  of  California. 

History:    Approved  March  7,  1876,  Stats.  1875-76,  p.  143. 

As  to  effect  of  county  government  act,  see  An    act    approved    March    31,    1876,    Stats, 

note  to,  ante.  Act  249.  1875-76,   p.   637,   made  the   provisions  of  this 

act  applicable  to  San  Luis  O'O'^spo  county. 

DESTRUCTION  OF  PREDATORY  ANIMALS. 

ACT  251 — An  act  providing  for  the  control  and  the  destruction  oi  predatory  animals, 

vesting  in  the  state  commissioner  of  horticulture  the  administration  of  the  provisioBb 

herfeof,  and  defining  his  powers  and  duties  in  relation  thereto. 

History:  Approved  May  2,  1919.  In  effect  July  2^,  1919.  Stats. 
1919,  p,  178. 

Control  of  predatory  animals. 

$  1.  The  state  commissioner  of  horticulture  is  hereby  directed  to  investigate  reports 
of  the  depredations  occasioned  by  predatory  animals,  to  assist  in  instituting  control 
measures  in  localities  where  depredations  are  known  to  be  serious  and  co-operate  with 
county  board  of  supervisors.  He  may  co-operate  with  the  bureau  of  biological  survey 
of  the  United  States  department  of  agriculture,  and  may  enter  into  contracts  with  said 
bureau,  determining  the  method  of  such  co-operation,  establishing  uniform  control 
methods,  and  governing  the  supervision  of  all  persons  employed  in  such  work. 

Predatory  animal  fund. 

§  2.  The  state  commissioner  of  horticulture  is  hereby  authorized  to  accept  on  behalf 
of  the  state  donations  of  money  from  individuals,  associations,  corporations,  county 
boards  of  supervisors,  and  other  agencies  interested  in  the  control  of  coyotes  and  other 
harmful  predatory  animals,  all  such  moneys  to  be  paid  into  the  state  treasury  and 
credited  to  the  predatory  animal  fund  which  is  hereby  created  to  be  expended  only  in 
the  control  of  coyotes  and  other  harmful  predator^'  animals  in  accordance  with  the 
terms  and  conditions  fixed  by  the  state  commissioner  of  horticulture  acting  by  and 
through  the  rodent  control  division  of  his  office.  Monej's  thus  made  available  by  any 
county  board  of  supervisors  shall  be  expended  solely  within  the  boundaries  of  the 
county  making  the  appropriation,  unless  otherwise  authorized  by  the  supervisors  of 
that  county. 

Study  and  report  on  control  measures, 

§  3.  The  state  commissioner  of  horticulture  is  hereby  directed  to  investigate  and 
make  a  study  of  control  measures  and  of  existing  laws  of  this  and  other  states  providing 

Gen.  l>aws — 5 


Act  282,  §§  1,  2  GBNBRAIi  LAWS.  M 

for  the  control  and  destruction  of  predatory  animals,  and  to  prepare  a  report,  accom- 
panied by  a  draft  of  such  legislative  measures  as  he  may  recommend  to  the  legislature 
for  adoption.  Such  report  shall  be  printed  by  the  superintendent  of  state  printing, 
and  shall  be  submitted  to  the  governor  on  or  before  the  first  day  of  November  in  the 
year  1920,  and  shall  be  presented  by  him  to  the  legislature  at  the  opening  of  the  forty- 
fourth  session. 

Predatory      animals      ennmerated.  —  See  Protection  of  crops  from  wild  ducks. — Se« 

Kerr's  Cya  Penal  Code,  i  «8714.  Kerr's  Cyc  Penal  Code,  f  62«%. 

ANTIOCH. 
8ee  post  Act  3094,  note. 

ANTONIO  CREEK. 
Bee  Kerr's  Cyc.  Political  Code,  f  2349, 

ANTWERP  MESSENGER. 
See  Kerr's  Cyc.  Penal  Code,  $  598a. 


CHAPTER  14a. 
APIARIES. 

CONTENTS  OF  CHAPTER. 
ACT  282.    Apiary  Inspection  Act. 

APIARY  INSPECTION  ACT. 
ACT  282 — An  act  to  promote  the  apicultural  interests  of  the  state  of  California  by 
providing  county  inspectors  of  apiaries,  and  defining  their  duties,  and  providing  for 
their  compensation,  and  repealing  the  act  entitled  "An  act  to  authorize  the  board 
of  supervisors  of  the  several  counties  of  this  state  to  appoint  inspectors  of  apiaries, 
and  provide  for  their  compensation,  and  defining  their  duties,  and  for  the  further 
protection  of  bee  culture,"  approved  March  13,  1883. 

History:  Approved  February  20,  1901,  Stats.  1901,  p.  13.  Amended 
February,  10,  1903,  Stats.  1903,  p.  7.  Former  act  of  March  13,  1883, 
Stats.  1883,  p.  285,  repealed. 

County  inspector  of  apiaries. 

$  1.  Whenever  a  petition  is  presented  to  the  board  of  supervisors  of  any  county, 
signed  by  ten  or  more  persons,  each  of  whom  is  a  property-holder  resident  of  the 
county,  and  possessor  of  an  apiary  or  place  where  bees  are  kept,  stating  that  certain  or 
all  apiaries  within  the  county  are  infected  with  the  disease  known  as  "foul-brood,"  or 
any  other  disease  which  is  infectious  or  contagious  in  its  nature,  and  injurious  to  the 
bees,  their  eggs  or  larvae,  and  -prajing  that  an  inspector  be  appointed  by  them,  whose 
duty  it  shall  be  to  supervise  the  treatment  of  said  bees  and  apiaries  as  herein  provided, 
the  board  of  supervisors  shall,  within  twenty  (20)  days  thereafter,  appoint  a  suitable 
person,  who  shall  be  a  skilled  bee-keeper,  inspector  of  apiaries.  Upon  petition  of  ten 
persons,  each  of  whom  is  a  resident  property  holder  and  possessor  of  an  apiary,  the 
board  of  supervisors  may  remove  said  inspector  for  cause,  after  a  hearing  of  the  petition. 

Duties  of  inspectors.    "Foul-brood"  public  nuisance.    Expense  county  charge. 

$  2.  It  shall  be  the  duty  of  the  inspector  in  each  county  to  cause  an  inspection  to  be 
made,  when  he  deems  it  necessary,  of  any  or  every  apiary,  or  other  place  within  his 
jurisdiction  in  which  bees  are  kept,  and  if  found  infected  with  foul-brood,  or  any  other 


J 


67  APIARIES.  Act  282,  §g  3-7 

infectious  or  contagious  disease  injurious  to  the  bees,  or  their  eggs  or  larvae,  he  shall 
notify  the  owner  or  owners,  person  or  persons  in  charge,  or  in  possession  of  said 
apiaries  or  places  where  bees  are  kept,  that  the  same  are  infected  with  foul-brood,  or 
any  other  disease  infectious  or  contagious  in  its  nature,  and  injurious  to  the  bees,  their 
eggs  or  larvae,  and  he  shall  require  such  person  or  persons  to  eradicate  and  remove 
such  disease  or  cause  of  contagion  within  a  certain  time  to  be  specified.  Said  notice 
may  be  served  upon  the  person  or  persons,  or  either  of  them,  owning  or  having  charge, 
or  having  possession  of  such  infected  apiaries,  or  places  where  bees  are  kept,  by  any 
inspector,  or  by  any  person  dej^utized  by  the  said  inspector  for  that  purpose,  or  they 
may  be  served  in  the  same  manner  as  a  summons  in  a  civil  action.  Any  and  all  such 
apiaries,  or  places  where  bees  are  kept,  found  infected  with  foul-brood,  or  any  other 
infectious  or  contagious  disease,  are  hereby  adjudged  and  declared  to  be  a  public 
nuisance;  and  whenever  any  such  nuisance  shall  exist  at  any  place  within  his  jurisdic- 
tion, or  on  the  property  of  any  non-resident,  or  on  any  property  the  owner  or  owners 
of  which  can  not  be  found  by  the  inspector,  after  diligent  search,  within  the  county,  or 
upon  the  property  of  any  owner  or  owners  upon  whom  notice  aforesaid  has  been  served, 
and  who  shall  refuse  or  neglect  to  abate  the  same  within  the  time  specified,  it  shall  be 
the  duty  of  the  inspector  to  abate  the  same,  either  by  treating  the  disease,  or  by  destroy- 
ing the  infected  hives,  together  with  their  combs  and  bees  therein.  The  expense  thereof 
sKall  be  a  county  charge,  and  the  board  of  supervisors  shall  allow  and  pay  the  same  out 
of  the  general  fund  of  the  county. 

Must  keep  record. 

$  3.  It  shall  be  the  duty  of  the  county  inspector  of  apiaries  to  keep  a  record  of  his 
official  acts  and  doings,  and  make  a  monthly  report  thereof  to  the  board  of  supervisors; 
and  the  board  of  supervisors  may  withhold  warrants  for  salary  of  said  inspector  until 
such  time  as  said  report  is  made. 

Salary. 

$  4.  The  salary  of  the  county  inspector  of  apiaries  shall  be  four  dollars  per  day  wlien 
actually  engaged  in  the  performance  of  his  duties,  and  itemized  necessary  traveling 
expenses  incuri'ed  in  the  performance  of  his  duties  as  prescribed  in  this  act.  [Amend- 
ment of  February  10, 1903.    Stats.  1903,  p.  7.] 

Repeal  of  Act  of  1883. 

§5.  An  act  entitled  "An  act  to  authorize  the  board  of  supervisors  of  the  several 
counties  of  this  state  to  appoint  inspectors  of  apiaries,  and  provide  for  their  compensa- 
tion, and  defining  their  duties,  and  for  the  further  protection  of  bee-culture,"  approved 
March  thirteenth,  eighteen  hundred  and  eighty-three,  is  hereby  repealed. 

Time  of  taking  effect. 

^  6.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

Powers  of  inspectors. 

$  7.  The  inspector  of  apiaries  may,  in  his  discretion,  order  the  owner,  or  owners,  or 
other  person  in  charge  of  bees  kept  in  box  or  other  immovable  or  stationary  epmb-hives 
in  apiaries  infected  with  foul-brood  or  any  other  infectious  or  contagious  disease,  or 
within  a  radius  of  three  miles  of  such  diseased  apiaries,  to  transfer  such  bees  to 
movable  frame  hives  within  a  reasonable  time,  to  be  specified  in  such  order  or  notice 
and  in  default  of  such  transfer  by  the  owner,  or  owners,  or  other  person  in  charge  of 
such  bees,  the  inspector  may  destroy,  or  cause  to  be  destroyed,  all  such  hives,  together 
with  their  contents,  and  the  expense  thereof  shall  be  a  county  charge,  as  provided  in 
section  two  of  this  act.     [New  section  added  February  10,  1903.    Stats.  1903,  p.  ".] 


Act  300,  g  1  GBNE^RAL   LAWS.  68 

Imported  bees.    Must  he  inspected. 

§  8.  Any  person  or  persons  who  shall  import  bees  into  the  state  of  California,  which 
said  bees  are  not  accompanied  with  a  certificate  from  a  duly  authorized  inspector  of 
apiaries,  or  bee  inspector,  certifjdng  that  such  bees  are  free  from  foul-brood  and  other 
infectious  or  contagious  diseases,  or  who  shall  import  bees  from  another  county  within 
this  state  not  having  a  bee  inspector,  into  a  county  having  a  bee  inspector  shall  imme- 
diately, upon  the  receipt  of  such  bees,  cause  them  to  be  inspected  by  a  duly  authorized 
inspector  of  apiaries,  and  if  such  bees  are  found  to  be  infected  with  foul-brood  or  other 
infectious  or  contagiov;s  disease,  such  inspector  shall  proceed  to  have  such  disease 
eradicated  as  provided  in  section  two  of  this  act.  Any  person  violating  the  provisions 
of  this  section  shall  be  deemed  guilty  of  a  misdemeanor.  [New  section  added,  Feb- 
ruary 10,  1903.    Stats.  1903,  p.  7.] 

"Foul-brood"  not  to  be  removed. 

§  9.  It  shall  be  unlawful  for  any  person  owning  or  controlling  bees  within  this  state, 
which  are  known  to  be  infected  with  foul-brood  or  other  infectious  or  contagious 
disease,  to  remove  said  bees  to  a  new  location,  without  first  giving  ten  days'  notice  to 
the  county  inspector  of  apiaries,  stating  when  and  where  he  intends  moving  said  bees. 
Any  person  violating  the  provisions  of  this  section  shall  be  deemed  guilty  of  a  misde- 
meanor.   [New  section  added,  February  10, 1903.    Stats.  1903,  p.  7.] 

Infected  apiary  a  misdemeanor. 

§  10.  Any  person  or  persons  whose  apiary  is  infected  with  foul-brood  or  any  other 
infectious  or  contagious  disease,  and  who  sells,  or  offers  for  sale,  from  such  infected 
apiary  any  bees,  hives,  bee  fixtures  or  appurtenances,  or  who  shall  expose  in  his  bee 
yara,  or  elsewhere,  any  infected  comb-honey,  beeswax,  or  other  infected  thing,  or  who 
conceals  the  fact  that  his  apiary  is  so  infected,  shall  be  deemed  guilty  of  a  misdemeanor. 
[New  section  added,  February  10,  1903.    Stats.  1903,  p.  7.] 

Resisting  inspector  a  misdemeanor. 

$  11.  Any  person  or  persons  who  shall  resist,  impede,  or  hinder  in  any  way,  the 
inspector  of  apiaries  in  the  discharge  of  his  duties  under  the  provisions  of  this  act, 
shall  be  deemed  guilty  of  a  misdemeanor.  [New  section  added,  February  10,  1903, 
Stats.  1903,  p.  7.] 

As   to   bees,  keeping   and  liability,   see    97   Am.  St.  Rep.  290. 

APPRENTICES. 
See  tit.  "Orphan  Asylums";  also,  Kerr's  Cyc.  Civil  Code,  $$264,  et  seq. 

CHAPTER  15. 
APPROPRIATIONS. 

CONTENTS  OF  CHAPTER. 
ACT  300.     General  Appkofriation  Bill  of  1919. 

GENERAL  APPROPRIATIONS,  1919. 
ACT  300 — An  act  making  appropriations  for  the  support  of  the  government  of  the 
state  of  California  for  the  seventy-first  and  seventy-second  fiscal  years. 

History:  Approved  May  27,  1919,  except  as  to  certain  items  listed 
in  statement  dated  May  27,  printed  at  end  of  chapter.  In  effect  imme- 
diately.    Stats.  1919,  p.  1311. 

General  appropriations. 

$  1.  The  following  sums  of  money  are  hereby  appropriated  out  of  any  money  in  the 
state  treasury  not  otherwise  aiDpropriated  for  the  support  of  the  government  of  the 


69  APPROPRIATIONS.  Act  300,  §  1 

state  of  California  for  the  seventy-first  and  seventy-second  fiscal  years;  provided,  that 
in  all  cases  in  which  statutory  provision  has  already  been  made  for  salaries  or  for  other 
regular  annual  appropriations,  the  amounts  herein  appropriated  shall  be  deemed  to  be 
the  same  amount  appropriated  by  such  statutes  and  not  additional  thereto. 

Legislative  Department. 
For  salaries  of  senators,  forty  thousand  dollars. 

For  mileage  of  lieutenant  governor  and  senators,  four  thousand  four  hundred  dollars. 
For  pay  of  oflScers,  clerks  and  all  other  employees  of  the  senate,  fifty  thousand  dollars. 
For  contingent  expenses  of  senate,  fifteen  thousand  dollars. 
For  salaries  of  assemblymen,  eight}'  thousand  dollars. 
For  mileage  of  assemblymen,  seven  thousand  five  hundred  dollars. 
For  pay  of  officers,  clerks  and  all  other  employees  of  assembly,  fifty  thousand  dollars. 
For  contingent  expenses  of  the  assembly,  eighteen  thousand  dollars. 
For  printing,  binding  and  all  other  work  performed  and  materials  furnished  by  the 
state  printing  oflSce  to  the  legislature,  eighty-five  thousand  dollars. 

Judicial  Department. 

For  salaries  of  justices  of  supreme  court,  one  hundred  twelve  thousand  dollars. 

For  salaries  of  two  secretaries  supreme  court,  nine  thousand  six  hundred  dollars. 

For  salai'y  of  reporter  of  decisions  of  supreme  court  and  district  courts  of  appeal,  five 
thousand  dollars. 

For  salaries  of  three  assistant  reporters  of  decisions  of  supreme  court  and  district 
courts  of  appeal,  nine  thousand  six  hundred  dollars. 

For  salary  of  librarian  of  supreme  court,  three  thousand  dollars. 

For  salaries  of  two  phonographic  reporters  of  supreme  court,  ten  thousand  eight  hun- 
dred dollars. 

For  salaries  of  two  bailiffs  of  supreme  court,  seven  thousand  two  hundred  dollars. 

For  expenses  of  supreme  court  under  section  forty-seven,  Code  of  Civil  Procedure, 
sixty-four  thousand  eight  hundred  dollars. 

For  postage  and  contingent  expenses  of  the  supreme  court,  three  hundred  dollars. 

For  salary  of  clerk  of  supreme  court,  ten  thousand  dollars. 

For  salary  of  chief  deputy  clerk  of  supreme  court,  five  thousand  four  hundred  dollars. 

For  salaries  of  six  deputy  clerks  of  supreme  court,  twenty-five  thousand  two  hundred 
dollars. 

For  salary  of  stenographer  to  clerk  of  supreme  court,  three  thousand  dollars. 

For  salary  of  porter  for  office  of  clerk  of  supreme  court  at  Sacramento,  two  thousand 
one  hundred  sixty  dollars. 

For  postage  and  contingent  expenses  of  clerk  of  supreme  court,  four  thousand  dollars. 

For  printing,  etc.,  clerk  of  supreme  court,  two  thousand  five  hundred  dollars. 

For  salaries  of  six  additional  justices  of  divisions  two  of  first  and  second  district 
courts  of  appeal,  eighty-four  thousand  dollars. 

For  salaries  of  justices  of  district  courts  of  appeal,  one  hundred  twenty-six  thousand 
dollars. 

For  salaries  of  three  clerks  of  district  courts  of  appeal,  sixteen  thousand  two  hun- 
dred dollars. 

For  salaries  of  three  deputy  clerks  of  district  courts  of  appeal,  twelve  thousand 
dollars. 

For  salaries  of  three  phonographic  reporters  of  disti-ict  courts  of  appeal,  £c  'vrteen 
thousand  four  hundred  dollars. 

For  salaries  of  three  bailiffs  of  district  courts  of  appeal,  nine  thousand  six  hundred 
dollars. 


Act  300,  §  1  GENERAL,   LAW  S.  70 

For  pay  of  two  porters,  first  and  second  district  courts  of  appeal,  four  thousand  three 
hundred  twenty  dollars. 

For  pay  of  one  porter,  third  district  court  of  appeal,  two  thousand  one  hundred  sixty 
dollars. 

For  postage  and  contingent  expenses  of  clerks  of  district  courts  of  appeal,  one-third 
to  each,  four  thousand  five  hundred  dollars. 

For  printing,  etc.,  clerks  of  district  courts  of  appeal  (one-third  to  each),  three  thou- 
sand dollars. 

For  salaries  of  secretaries  for  justices  (one-third  for  each),  eighteen  thousand  dollars. 

For  state 's  portion  of  salaries  of  judges  of  superior  courts,  five  hundred  seventy-eight 
thousand  dollars. 

For  salaries  officers  and  employees  division  two  of  first  district  court  of  appeal, 
twenty  thousand  six  hundred  forty  dollars. 

For  salaries  officers  and  employees  division  two  of  second  district  court  of  appeal, 
eleven  thousand  three  hundred  sixty  dollars. 

For  postage,  and  contingent  expenses  of  clerks  of  divisions  two  of  first  and  second 
district  courts  of  appeal  (one-half  to  each),  one  thousand  five  hundred  dollars. 

For  printing,  etc.,  clerks  of  divisions  two  of  first  and  second  district  courts  of  appeal 
(one-half  to  each),  two  thousand  dollars. 

For  rent  for  quarters  of  division  two  of  first  district  court  of  appeal,  two  thousand 
nine  hundred  four  dollars. 

For  furniture  and  equipment  division  two  of  first  district  court  of  appeal,  five  hundred 
dollars. 

For  furniture  and  equipment  division  two  of  second  district  court  of  appeal,  two 
thousand  dollars. 

Executive  and  Administrative  Department. 

For  salary  of  governor,  twenty  thousand  dollars. 

For  salary  of  private  secretary  to  governor,  ten  thousand  dollars. 

For  salary  of  executive  secretary  to  governor,  seven  thousand  two  hundred  dollars. 

For  salary  of  stenographer  to  governor,  four  thousand  dollars. 

For  salary  of  messenger  to  governor,  three  thousand  dollars. 

For  postage,  etc.,  traveling  and  contingent  expenses,  governor's  ofiice  (exempt  from 
section  six  hundred  seventy-two  of  the  Political  Code),  eighteen  thousand  four  hundred 
dollars. 

For  special  contingent  expenses  (secret  service),  governor's  office  (exempt  from  pro- 
visions of  section  four  hundred  thirty-thi'ee  and  six  hundred  seventy-two  of  Political 
Code),  ten  thousand  dollars. 

For  printing,  etc.,  governor's  office,  one  thousand  five  hundred  dollars. 

For  support  of  governor's  residence  (exempt  from  sections  four  hundred  thirty-three 
and  six  hundred  seventy-two  of  Political  Code),  seventeen  thousand  five  hundred  dollars. 

Lieutenant  Governor. 
For  salary  of  lieutenant  governor,  eight  thousand  dollars. 

State  Board  of  Control. 
For  salary  of  members  state  board  of  control,  thirty  thousand  dollars. 
For  salary  of  secretary  to  state  board  of  control,  seven  thousand  two  hundred  dollars. 
For  salaries  of  three  clerks,  ten  thousand  eight  hundred  dollars. 
For  salaries  of  two  stenographers,  six  thousand  dollars. 
For  salary  of  messenger,  one  thousand  eight  hundred  dollars. 
For  salary  of  superintendent  of  accounts,  seven  thousand  two  hundred  dollars. 
For  salaries  of  two  assistant  superintendents  of  accounts,  ten  thousand  eight  hundred 
dollars. 


i 


ri  APPROPRIATIONS.  Act  300,  §  1 

For  support  and  maintenance  of  state  board  of  control,  including  traveling  and  con- 
tingent expenses,  one  hundred  eight3r-t\vo  thousand  dollars. 

Secretary  of  State's  Office. 

For  salary  of  secretary  of  state,  ten  thousand  dollars. 

For  salary  of  deputy  secretary  of  state,  six  thousand  dollars. 

For  salary  of  bookkeeper,  office  secretary  of  state,  four  thousand  eight  hundred 
dollars. 

For  salary  of  corporation  secretary,  office  secretary  of  state,  five  thousand  six  hun- 
dred dollars. 

For  salary  of  statistician,  office  secretary  of  state,  four  thousand  eight  hundred 
dollars. 

For  salary  of  keeper  of  archives,  office  secretary  of  state,  four  thousand  dollars. 

For  salary  of  one  recording  clerk,  office  secretary  of  state,  three  thousand  six  hundred 
dollars. 

For  salaries  of  five  recording  clerks,  office  secretary  of  state,  sixteen  thousand  dollars. 

For  salary  of  one  register  clerk,  three  thousand  six  hundred  dollars. 

For  salaries  of  two  certificate  clerks,  office  of  secretary  of  state,  six  thousand  four 
hundred  dollars. 

For  salary  of  messenger,  office  secretary  of  state,  one  thousand  eight  hundred  dollars. 

For  salary  of  porter,  office  secretary  of  state,  one  thousand  four  hundred  forty  dollars. 

For  salaries  of  two  special  legislative  clerks,  office  secretary  of  state,  one  thousand 
dollars. 

For  postage,  expressage  and  telegraphing,  office  secretary  of  state  (exempt  from  sec- 
tion four  of  this  act),  eleven  thousand  dollars. 

For  contingent  and  traveling  expenses,  office  secretary  of  state,  two  thousand  five  hun- 
dred dollars. 

For  printing,  etc.,  secretary  of  state  (exempt  from  section  four  of  this  act),  eleven 
thousand  dollars. 

For  salary  of  superintendent  and  cashier,  corporation  license  department,  four  thou- 
sand eight  hundred  dollars. 

For  salaries  of  two  clerks,  corporation  license  department,  seven  thousand  two  hun- 
dred dollars. 

For  salaries  of  four  clerks,  corporation  license  department,  twelve  thousand  eight 
hundred  dollars. 

For  pay  of  porter,  corporation  license  department,  seven  hundred  twenty  dollars. 

For  pay  of  messenger,  corporation  license  department,  one  thousand  two  hundred 
dollars. 

For  printing  and  compiling  roster,  one  thousand  dollars. 

Controller's  Office. 

For  salary  of  controller,  ten  thousand  dollars. 

For  salary  of  deputy  controller,  six  thousand  dollars. 

For  salary  of  bookkeeper,  controller's  office,  four  thousand  eight  hundred  dollars. 

For  salary  of  expert,  controller's  office,  four  thousand  dollars. 

For  salary  of  four  clerks,  controller's  office,  fourteen  thousand  four  hundred  dollars. 

For  salaries  of  five  clerks,  controller's  office,  sixteen  thousand  dollars. 

For  salary  of  statistician,  controller's  office,  four  thousand  eight  hundred  dollars. 

For  salarj'  of  warrant  registrar,  controller's  office,  four  thousand  eight  hundred  dollars. 

For  salary  of  stenographer,  controller's  office,  two  thousand  four  hundred  dollars. 

For  salary  of  stenographer,  controller's  office,  three  thousand  dollars. 

For  pay  of  porter,  controller's  office,  one  thousand  four  hundred  forty  dollars. 

For  contingent  and  traveling  expenses,  controller's  office,  twenty  thousand  dollars. 


Act  300,  g  1  GENERAL,   LAWS.  72 

For  expenses  of  collecting,  compiling  and  printing  county  and  municipal  statistics, 
three  thousand  two  hundred  fifty  dollars. 

For  printing,  etc.,  controller's  office,  five  thousand  dollars. 

For  salary  of  inheritance  tax  attorney,  seven  thousand  two  hundred  dollars. 

For  salaries  of  two  assistant  inheritance  tax  attorneys,  fourteen  thousand  four  hun- 
dred dollars. 

For  salary  of  one  assistant  inheritance  tax  attorney,  five  thousand  four  hundred 
dollars. 

For  expenses  of  inheritance  tax  department,  including  printing,  traveling  and  con- 
tingent expenses,  postage,  expressage  and  telegraphing,  clerical  and  other  services,  and 
any  other  expenses  necessary  and  proper  to  the  enforcement  of  the  inheritance  tax  law. 
sixty-seven  thousand  five  hundred  dollars. 

For  general  expense,  branch  inheritance  tax  department,  San  Francisco,  eighteen 
thousand  dollars. 

For  general  expense,  branch  inheritance  tax  department,  Los  Angeles,  sixteen  thou- 
sand four  hundred  dollars. 

For  salary  of  two  assistant  tax  attorneys,  nine  thousand  six  hundred  dollars. 

For  salaries  of  extra  clerks,  tax  collecting  department,  twelve  thousand  dollars. 

For  postage,  expressage,  telegraphing  and  contingent  expenses,  tax  collecting  depart- 
ment, three  thousand  six  hundred  dollars. 

For  printing,  binding  and  ruling,  tax  collection  department,  two  thousand  five  hun- 
dred dollars. 

Treasurer's  Office. 

For  salary  of  state  treasurer,  ten  thousand  dollars. 

For  salary  of  deputy  state  treasurer,  six  thousand  four  hundred  dollars. 

For  salary  of  cashier,  treasurer 's  office,  five  thousand  four  hundred  dollars. 

For  salary  of  bond  officer,  treasurer 's  office,  five  thousand  dollars. 

For  salary  of  deposit  officer,  treasurer's  office,  five  thousand  dollars. 

For  salary  of  one  bookkeeper,  treasurer's  office,  four  thousand  four  hundred  dollars. 

For  salary  of  stenographer,  treasurer's  office,  three  thousand  dollars. 

For  salaries  of  four  watchmen,  treasurer's  office,  ten  thousand  five  hundred  sixty 
dollars. 

For  pay  of  porter,  treasurer's  office,  one  thousand  four  hundred  forty  dollars. 

For  postage,  expressage,  telegraphing,  contingent  and  traveling  expenses,  treasurer's 
office,  four  thousand  dollars. 

For  printing,  etc.,  treasurer's  office,  one  thousand  nine  hundred  dollars. 

Attorney  General's  Office. 

For  salary  of  attorney  general,  twelve  thousand  dollars. 

For  salary  of  assistant  attorney  general,  eight  thousand  dollars. 

For  salary  of  chief  deputy  to  attorney  general,  eight  thousand  dollars. 

For  salaries  of  six  deputies  to  attorney  general,  thirty-seven  thousand  two  hundred 
lollars. 

For  salary  of  one  deputy  to  attorney  general,  six  thousand  dollars. 

For  salary  of  service  agent,  attorney  general's  office,  three  thousand  six  hundred 
»iollars. 

For  salaries  of  two  clerks,  attorney  general 's  office,  seven  thousand  two  hundred 
dollars. 

For  salary  of  phonographic  reporter,  attorney  general's  office,  three  thousand  six 
hundred  dollars. 

For  salaries  of  five  stenographers,  attorney  general 's  office,  fifteen  thousand  dollars. 

For  salary  of  one  stenographer,  attorney  general's  office,  two  thousand  four  hund-ed 
dollars. 


7S  APPROPRIATIONS.  Act  300,  9 1 

For  pay  of  porter,  attorney  general 's  office  at  Sacramento,  one  thousand  eighty 
dollars. 

For  postage,  expressage,  telegraphing  and  contingent  expenses,  attorney  general's 
office,  five  thousand  dollars. 

For  traveling  expenses,  attorney  general's  office,  one  thousand  five  hundred  dollars. 

For  costs  and  expenses  of  suits  wherein  the  state  is  a  party  in  interest,  seven  thou- 
sand five  hundred  dollars. 

For  office  rent  of  attorney  general  in  San  Francisco,  six  thousand  dollars. 

For  purchase  of  law  books,  attorney  general 's  office,  two  thousand  dollars. 

For  printing,  etc.,  attorney  general 's  office,  five  thousand  dollars. 

For  payment  of  expenses  incidental  to  conserving  state  lands,  gathering  evidence, 
and  quieting  and  canceling  outstanding  evidences  of  title,  two  thousand  dollars. 

Legislative  Counsel  Bureau, 
For  support  and  salaries,  twenty-five  thousand  dollars. 
For  additional  salaries,  three  thousand  six  hundred  dollars. 

Surveyor  General. 

For  salary  of  survej'or  general,  ten  thousand  dollars. 

For  salary  of  deputy  surveyor  general,  six  thousand  dollars. 

For  salary  of  assistant  surveyor  general,  four  thousand  five  hundred  dollars. 

For  salaries  of  three  clerks,  surveyor  general's  office,  ten  thousand  eight  hundred 
dollars. 

For  salaries  of  three  clerks,  register  state  land  office,  ten  thousand  eight  hundred 
dollars. 

For  pay  of  porter,  surveyor  general 's  office,  one  thousand  eighty  dollars. 

For  contingent  and  traveling  expenses,  survoyor  general's  office,  ten  thousand  five 
hundred  dollars. 

For  printing,  etc.,  surveyor  general 's  office,  one  thousand  seven  hundred  dollars. 

Superintendent  of  State  Printing. 
For  salary  of  superintendent  of  state  printing,  ten  thousand  dollars. 
For  salary  of  deputy  superintendent  of  state  printing,  four  thousand  eight  hundred 
dollars. 

State  Board  of  Equalization. 

For  salaries  of  members  of  the  state  board  of  equalization,  thirty-two  thousand 
dollars. 

For  salary  of  secretary,  state  board  of  equalization,  eight  thousand  dollars. 

For  pay  of  porter,  state  board  of  equalization,  nine  hundred  sixty  dollars. 

For  postage,  expressage,  telegraph,  and  contingent  expenses,  state  board  of  equaliza- 
tion, one  thousand  dollars. 

For  clerical  and  expert  assistance,  printing,  postage  and  all  other  expenses  involved 
in  making  the  assessment  of  taxes,  twenty-five  thousand  dollars. 

For  traveling  and  contingent  clerical  expenses,  state  board  of  equalization  (Political 
Code,  section  three  thousand  seven  hundred  two),  five  thousand  dollars. 

For  printing,  etc.,  state  board  of  equalization,  five  thousand  dollars. 

Superintendent  Capitol  Building  and  Grounds. 
For  salary  of  superintendent  of  capitol  building  and  grounds,  six  thousand  dollars. 
For  salary  of  clerk  to  superintendent  of  capitol  building  and  grounds,  three  thousand 
six  hundred  dollars. 

For  salary  of  engineer,  three  thousand  six  hundred  dollars. 

For  salary  of  additional  engineer  during  session  of  the  legislature,  six  hundred  dollars. 

For  salarj-  of  fireman,  two  thousand  six  hundred  forty  dollars. 


Act  300,  §1  GENERAL,   LAWS.  74 

For  salary  of  additional  fireman  during  session  of  the  legislature,  four  hundred  forty 
dollars. 

For  salary  of  electrician,  three  thousand  six  hundred  dollars. 

For  salary  of  additional  electrician  during  session  of  the  legislature,  six  hundred 
dollars. 

For  pay  of  head  porter,  two  thousand  six  hundred  forty  dollars. 

For  pay  of  seven  special  policemen,  eighteen  thousand  four  hundred  eighty  dollars. 

For  pay  of  two  elevator  attendants,  four  thousand  eight  hundred  dollars. 

For  pay  of  two  additional  elevator  attendants  during  session  of  the  legislature,  eight 
hundred  dollars. 

For  pay  of  three  telephone  operators,  six  thousand  four  hundred  eighty  dollars. 

For  pay  of  two  additional  telephone  operators  during  session  of  the  legislature,  seven 
hundred  twenty  dollars. 

For  pay  of  one  telephone  exchange  operator  for  twelve  weeks,  two  hundred  seventy 
dollars. 

For  special  policemen  capitol  and  executive  mansion,  ten  thousand  five  hundred  sixty 
dollars. 

For  purchase  of  carpets  and  furniture  for  capitol  building  and  departments,  two 
thousand  dollars. 

For  water  for  capitol  building  and  grounds,  three  thousand  six  hundred  dollars. 

For  repairs  to  capitol  building  and  furniture,  two  thousand  dollars. 

For  repairs,  improvement,  equipment  and  furnishings,  executive  mansion,  five  thou- 
sand dollars. 

For  stationery,  fuel,  lights  and  supplies,  twenty  thousand  dollars. 

For  salary  of  head  gardener,  four  thousand  two  hundred  dollars. 

For  pay  of  gardeners,  porters,  and  other  help  in  capitol  building  and  grounds,  sixty 
thousand  nine  hundred  ninety-six  dollars. 

For  purchase  of  implements,  etc.,  and  care  and  improvement  of  grounds  of  state  cap- 
itol and  executive  mansion  (exempt  from  section  four  of  this  act),  twelve  thousand 
dollars. 

For  traveling  and  contingent  expenses,  five  hundred  dollars. 

For  salary  of  emergency  electrician,  one  month,  one  hundred  fifty  dollars. 

For  salary  of  tj'pewriter  expert,  three  thousand  dollars. 

For  salary  of  assistant  head  gardener,  two  thousand  six  hundred  forty  dollars. 

Board  of  Railroad  Commissioners. 
For  salaries  of  commissioners,  eighty  thousand  dollars. 

For  salaries  of  other  civil  executive  officers  in  office  of  board  of  railroad  commis- 
sioners and  the  support  of  the  commission,  four  hundred  nineteen  thousand  seven  hun- 
dred fifty  dollars. 

Insurance  Commissioner. 

For  salary  of  insurance  commissioner,  twelve  thousand  dollars. 

For  salary  of  deputy  insurance  commissioner,  five  thousand  four  hundred  dollars. 

Civil  Service  Commission. 

For  salaries  of  members  of  the  commission,  eighteen  thousand  dollars. 
For  support  of  the  commission,  fifty-two  thousand  dollars. 

Immigration  and  Housing  Commission. 

For  support  of  the  commission,  one  hundred  five  thousand  dollars. 
For  additional  support  and  maintenance,  forty  thousand  dollars. 


75  APPROPRIATIONS.  Act  300,  g  1 

Weights  and  Measures. 

For  salary  of  superintendent  of  weiglits  and  measures,  eight  thousand  dollars. 
For  salary  of  deputy,  three  thousand  six  hundred  dollars. 
For  support  of  department,  fifteen  thousand  dollars. 

State  Water  Commission. 
For  salaries  of  three  commissioners,  thirty  thousand  dollars. 

For  support  of  commission  including  salaries  of  office  assistants,  field  men,  and  other 
expenses  incidental  to  the  work  of  the  commission,  ninety-three  thousand  eight  hundred 
dollars. 

Industrial  Welfare  Commission. 

For  support  of  the  commission,  seventy  thousand  dollars. 

State  Board  of  Health. 

For  salary  of  secretary,  nine  thousand  dollars. 

For  salary  of  assistant  secretary,  four  thousand  eight  hundred  dollars. 

For  salaiy  of  attorney,  six  thousand  dollars. 

For  salary  of  statistician,  four  thousand  eight  hundred  dollars. 

For  salary  of  deputy  statistician,  three  thousand  two  hundred  dollars. 

For  salary  of  clerk,  three  thousand  two  hundred  dollars. 

For  salary  of  two  copyists,  three  thousand  six  hundred  dollars. 

For  salary  of  director,  pure  food  and  drug  laboratory,  seven  thousand  two  hundred 
dollars. 

For  salary  of  assistant  director,  pure  food  and  drug  laboratory,  three  thousand  six 
hundred  dollars. 

For  traveling  and  contingent  expenses,  forty-two  thousand  dollars. 

For  support  district  health  offices,  twenty-five  thousand  dollars. 

For  support  pure  food  and  drug  laboratory,  sixty-five  thousand  dollars. 

For  support  state  hygienic  laboratory,  fifty  thousand  dollars. 

For  printing,  etc.,  eight  thousand  dollars. 

For  salary  of  consulting  nutrition  expert,  two  thousand  four  hundred  dollars. 

Bureau  of  Labor  Statistics. 

For  salary  of  commissioner,  eight  thousand  dollars. 

For  salary  of  deputy  commissioner,  four  thousand  eight  hundred  dollars. 

For  salary  of  deputy  commissioner  at  Los  Angeles,  four  thousand  eight  hundred 
dollars. 

For  salary  of  assistant  deputy  commissioner,  four  thousand  two  hundred  dollars. 

For  salary  of  statistician,  five  thousand  four  hundred  dollars. 

For  salary  of  stenographer,  two  thousand  four  hundred  dollars. 

For  salary  of  attorney,  four  thousand  eight  hundred  dollars. 

For  salaries  of  assistants,  traveling  and  contingent  expenses,  fifty-five  thousand 
dollars. 

For  office  rent,  five  thousand  one  hundred  dollars. 

For  printing,  etc.,  six  thousand  dollars. 

Industrial  Accident  Commission. 
For  salaries  of  members  of  the  commission,  thirty  thousand  dollars. 
For  support   and  maintenance   of   the   commission,   four  hundred   twenty   thousand 
dollars. 

Harbor  Commissioners — Eureka. 

For  salaries  of  three  commissioners,  two  thousand  four  hundred  dollars. 
For  salary  of  harbormaster,  two  thousand  four  hundred  dollars. 


Act  300,  §1  GENERAL,   LAWS.  76 

For  salary  of  secretary  to  harbor  commissioners,  two  thousand  four  hundred  dollars. 
For  contingent  exjjenses  of  harbor  commissioners,  three  thousand  dollars. 

National  Guard. 
For  salary  of  adjutant  general,  ten  thousand  dollars. 
For  salary  of  assistant  adjutant  general,  six  thousand  dollars. 
For  salary  of  chief  clerk,  three  thousand  eight  hundred  dollars. 
For  salaries  of  three  clerks,  ten  thousand  two  hundred  dollars. 
For  salary  of  clerk  and  stenographer,  three  thousand  dollars. 
For  salary  of  military  storekeeper,  two  thousand  four  hundred  dollars. 
For  salary  of  assistant  military  storekeeper,  one  thousand  eight  hundred  dollars. 
For  support  of  the  national  guard  and  adjutant  general's  oflfice,  four  hundred  twenty 
thousand  nine  hundred  dollars. 

State  Engineering  Department. 
For  salaries  of  three  appointed  members,  twenty-one  thousand  six  hundred  dollars. 
For  salary  of  state  engineer,  ten  thousand  dollars. 
For  salary  of  highway  engineer,  twenty  thousand  dollars. 
For  salaries  of  two  assistant  state  engineers,  twelve  thousand  dollars. 
For  salary  of  state  architect,  nine  thousand  six  hundred  dollars. 
For  salary  of  architectural  designer,  five  thousand  four  hundred  dollars. 
For  salaries  of  three  architectural  draughtsmen,  twelve  thousand  dollars. 
For  salary  of  engineer 's  draughtsman,  four  thousand  dollars. 
For  salary  of  mechanical  engineer,  five  thousand  four  hundred  dollars. 
For  salaries  of  two  filing  clerks,  seven  thousand  two  hundred  dollars. 
For  salary  of  blue  print  pressman,  three  thousand  dollars. 
For  salary  of  secretary,  six  thousand  dollars. 

For  salaries  of  two  clerks  and  stenographers,  six  thousand  dollars. 
For  pay  of  porter,  one  thousand  eight  hundred  dollars. 
For  printing,  etc.,  five  thousand  dollars. 

For  contingent  and  traveling  expenses,  forty  thousand  dollars. 
For  salary  of  electrical  engineer,  four  thousand  two  hundred  dollars. 
For  salary  of  structural  engineer,  four  thousand  eight  hundred  dollars. 
For  salary  of  auditor,  four  thousand  eight  hundred  dollars. 
For  salary  of  general  superintendent,  six  thousand  dollars. 
For  salarj'  of  assistant  state  architect,  six  thousand  dollars. 

Superintendent  of  Public  Instruction. 
For  salary  of  superintendent,  ten  thousand  dollars. 

For  salary  of  deputy  superintendent,  four  thousand  eight  hundred  dollars. 
For  salary  of  statistician,  four  thousand  eight  hundred  dollars. 
For  salary  of  clerk  and  stenographer,  three  thousand  two  hundred  dollars. 
For  salary  of  bookkeeper,  three  thousand  two  hundred  dollars. 

For  postage,  etc.,  contingent  and  traveling  expenses,  and  clerical  assistants,  fourteen 
thousand  dollars. 

For  printing,  etc.,  twenty-four  thousand  dollars. 

For  textbooks  for  orphans,  one  thousand  five  hundred  dollars. 

State  Library. 
For  salary  of  state  librarian,  ten  thousand  dollars. 
For  support  and  maintenance  of  state  library,  two  hundred  fifty  thousand  dollars. 

University  of  California. 
For  support  and  maintenance  of  University  of  California,  four  hundred  thousand 
dollars. 


77  APPROPRIATIONS.  Act  300,  §  1 

For  support,  maintenance  and  equipment  of  college  of  agriculture  of  University  of 
California,  including  support  of  University  Farm  School  at  Davis,  and  also  support  of 
all  experimental  stations,  all  pathological  and  other  investigations,  farmers'  institutes, 
and  all  agricultural  departments  connected  with  the  University  of  California,  eight  hun- 
dred seventy-five  thousand  dollars. 

For  support  and  maintenance  of  Scripps  Institution  of  Biological  Research,  thirty-five 
thousand  dollars. 

For  support  of  work  of  insecticide  and  fungicide  laboratory,  provided  for  in  chapter 
six  hundred  fifty-three,  statutes  1911,  ten  thousand  dollars. 

State  Board  of  Education. 

For  per  diem  of  members  of  board  of  education,  traveling  and  contingent  expenses  of 
board  and  commissioners  of  education  and  salaries  of  office  employees,  eighty  thousand 
dollars. 

For  salaries  of  commissioners,  twenty-four  thousand  dollars. 

State  Normal  Schools. 

For  salaries  of  officers,  teachers  and  employees  at  San  Jose,  two  hundred  two  thou- 
sand five  hundi-ed  dollars. 

For  support  of  state  normal  school  at  San  Jose,  care  and  improvement  of  grounds, 
and  library,  museum  and  purchase  of  scientific  apparatus  of  same,  thirty-eight  thousand 
dollaj-s. 

For  printing,  etc.,  state  normal  school  at  San  Jose,  two  thousand  five  hundred  dollars. 

For  salaries  of  officers,  teachers  and  employees  of  Los  Angeles  normal  school,  three 
hundred  twenty-four  thousand  dollars. 

For  support  of  state  normal  school  at  Los  Angeles,  care  and  improvement  of  grounds, 
and  librarj'^,  museum  and  purchase  of  scientific  apparatus  of  same,  fifty-four  thousand 
five  hundred  dollars. 

For  printing,  etc.,  of  same,  two  thousand  five  hundred  dollars. 

For  salaries  of  officers,  teachers  and  employees  at  state  normal  school  at  Chico,  one 
hundred  four  thousand  dollars. 

For  support  of  state  normal  school  at  Chico,  care  and  improvement  of  grounds,  library, 
museum  and  purchase  of  scientific  apparatus  of  same,  fourteen  thousand  eight  hundred 
dollars. 

For  printing,  etc.,  of  same,  one  thousand  two  hundred  dollars. 

For  salaries  of  officers,  teachers  and  employees  at  state  normal  school  at  San  Diego, 
one  hundred  fourteen  thousand  two  hundred  eighty  dollars. 

For  support  of  state  normal  school  at  San  Diego,  care  and  improvement  of  grounds^ 
librarj'^,  museum  and  purchase  of  scientific  apparatus  of  same,  twenty-one  thousand  two 
hundred  twenty-eight  dollars. 

For  printing,  etc.,  of  same,  one  thousand  two  hundred  fifty  dollars. 

For  salaries  of  officers,  teachers  and  employees  at  state  normal  school  at  San  Fran- 
cisco, one  hundred  thirty-four  thousand  nine  hundred  dollars. 

For  support  of  state  normal  school  at  San  Francisco,  care  and  improvement  of 
grounds,  library,  museum  and  purchase  of  scientific  apparatus  of  same,  thirteen  thou- 
sand five  hundred  dollars. 

For  printing,  etc.,  of  same,  one  thousand  two  hundred  dollars. 

For  salaries  of  officers,  teachers  and  employees  at  state  normal  school  at  Santa  Bar- 
bara, eighty-one  thousand  dollars. 

For  support  of  state  normal  school  at  Santa  Barbara,  care  and  improvement  of 
grounds,  library,  museum  and  purchase  of  scientific  apparatus  of  same,  ten  thousand 
five  hundred  dollars. 


Act  300,  §  1  GENERAL,  LAWS.  78 

For  additional  support  elementary  teaching  courses  state  normal  school  at  Santa  Bar- 
bara, fourteen  thousand  eight  hundred  dollars. 

For  printing,  etc.,  of  same,  eight  hundred  dollars. 

For  salaries,  of  officers,  teachers  and  employees  at  state  normal  school  at  Fresno,  one 
hundred  twenty  thousand  dollars. 

For  support  of  state  normal  school  at  Fresno,  care  and  improvement  of  grounds, 
library,  museum  and  purchase  of  scientific  apparatus  of  same,  twenty  thousand  nine 
hundred  dollars. 

For  printing,  etc.,  of  same,  one  thousand  two  hundred  dollars. 

For  salaries  of  officers,  teachers  and  employees  at  state  normal  school  at  Humboldt, 
fifty-six  thousand  one  hundred  twenty  dollars. 

For  support  of  state  normal  school  at  Humboldt,  care  and  improvement  of  grounds, 
library,  museum  and  purchase  of  scientific  apparatus  of  same,  eleven  thousand  nine 
hundred  dollars. 

For  printing,  etc.,  of  same,  one  thousand  eight  hundred  dollars. 

California  Polytechnic  School. 

For  salaries  of  officers,  teachers  and  employees  of  same,  ninety-seven  thousand  dollars. 

For  support  and  maintenance,  including  purchase  of  stock  and  equipment  for  farm 
and  laboratories,  care  and  improvement  of  grounds,  and  library  for  same,  fifty-three 
thousand  eight  hundred  dollars. 

For  printing,  etc.,  of  same,  two  thousand  dollars. 

• 

Hastings  College  of  the  Law. 
For  payment  of  interest  on  one  hundred  thousand  dollars  to  Hastings  College  of  the 
Law,  fourteen  thousand  dollars. 

For  rentals,  four  thousand  eight  hundred  dollars. 

California  School  for  the  Deaf  and  the  Blind. 
For  support  of  school,  eighty  thousand  dollars. 
For  salaries  of  officers,  teachers  and  employees,  one  hundred  eighty  thousand  dollars. 

Industrial  Home  for  Adult  Blind. 
For  support,  fifty-five  thousand  dollars. 

For  salaries  of  officers  and  employees,  thirty-five  thousand  dollars. 
For  printing,  six  hundred  dollars. 

State  Mining  Bureau. 
For  salary  of  state  mineralogist,  seven  thousand  two  hundred  dollars. 
For  support,  including  salaries,  one  hundred  thousand  dollars. 

Viticuttural  Commission. 
For  support  of  commission,  fifteen  thousand  dollars. 

State  Agricultural  Society. 
For  aid  to  state  agricultural  society,  seventy  thousand  dollars. 
For  salary  of  secretary,  six  thousand  dollars. 

For  salaries  of  employees,  thirteen  thousand  eight  hundred  dollara. 
For  traveling  expenses  of  the  directors,  four  thousand  dollars. 

State  Commissioner  of  Horticulture. 
For  salary  of  commissioner,  eight  thousand  dollars. 
For  salary  of  deputy  commissioner,  five  thousand  four  hundred  dollars. 
For  salary  of  secretary,  five  thousand  four  hundred  dollars. 
For  salary  of  superintendent  of  state  insectary,  five  thousand  four  hundred  dollars. 


79  APPROPRIATIONS.  Act  300,  §  1 

For  salary  of  assistant  superintendent  of  state  inseetary,  three  thousand  six  hundred 
dollars. 

For  salary  of  field  deputy,  inseetary  division,  three  thousand  six  hundred  dollars. 

For  salary  of  chief  deputy  quarantine  inspector,  five  thousand  four  hundred  dollars. 

For  salary  of  deputy  quarantine  ofiicer  at  San  Francisco,  three  thousand  six  hundred 
dollars. 

For  salary  of  deputy  quarantine  officer  at  Los  Angeles,  three  thousand  six  hundred 
dollars. 

For  salary  of  chief  field  deputy,  eight  thousand  dollars. 

For  salary  of  chief  clerk  at  Sacramento,  three  thousand  two  hundred  dollars. 

For  use  and  support  of  ofiice  of  commissioner  of  horticulture,  searching  for  beneficial 
insects,  and  use  and  support  of  state  inseetary,  one  hundred  sixty  thousand  dollars. 

For  printing,  etc.,  thirteen  thousand  dollars. 

State  Veterinarian. 

For  salary  of  state  veterinarian,  eight  thousand  dollars. 
For  salary  of  assistant  state  veterinarian,  six  thousand  dollars. 
For  salary  of  deputy  state  veterinarian,  four  thousand  eight  hundred  dollars. 
For  salary  of  clerk,  three  thousand  two  hundred  dollars. 

For  traveling  and  contingent  expenses,  including  sheep  inspection  and  enforcement  of 
dairy  laws,  ninety-six  thousand  dollars. 

State  Dairy  Bureau. 
For  support  of  state  dairy  bureau,  seventy  thousand  dollars. 

State  Board  of  Forestry. 

For  salary  of  state  forester,  six  thousand  dollars. 

For  salary  of  deputy  state  forester,  four  thousand  eight  hundred  dollars. 

For  salary  of  assistant  state  forester,  three  thousand  two  hundred  dollars. 

For  support,  including  field  and  traveling  expenses,  twenty-seven  thousand  dollars. 

For  printing,  etc.,  six  thousand  dollars. 

Sutter's  Fort  and  Marshall  Monument. 

For  salary  of  guardian,  Marshall  monument  and  grounds,  one  thousand  eight  hun- 
dred dollars. 

For  care  of  grounds,  Marshall  monument,  seven  hundred  fifty  dollars. 

For  salary  of  guardian,  Sutter 's  Fort,  one  thousand  eight  hundred  dollars. 

For  salary  of  gardener,  Sutter's  Fort,  two  thousand  four  hundred  dollars. 

For  salary  of  assistant  gardener,  Sutter's  Fort,  two  thousand  one  hundred  sixty 
dollars. 

For  maintenance  of  grounds  and  buildings  at  Sutter's  Fort,  two  thousand  dollars. 

Veterans'  Home. 

For  support  and  maintenance,  three  hundred  sixty  thousand  dollars. 
For  printing,  etc.,  two  thousand  five  hundred  dollars. 

Woman's  Relief  Corps  Home. 
For  support  and  maintenance,  nineteen  thousand  two  hundred  dollars. 

Orphan  Aid. 

For  support  of  orphans,  half  orphans  and  abandoned  children,  two  million  one  hx  v 
dred  thirty  thousand  dollars. 

For  salaries  and  support  of  children 's  department,  and  expenses  of  children  'a  agent 
forty-two  thousand  dollars. 


Act 300, SI  ge:ne:ral  laws.  80 

State  Board  of  Charities  and  Corrections. 
For  salaries  and  expenses,  sixty  thousand  dollars. 

State  Commission  in  Lunacy. 

For  salaries  of  officers  and  employees  and  for  salary  of  general  superintendent  of 
state  hospital,  forty  thousand  dollars. 

For  traveling  expenses  and  all  other  contingent  expenses,  of  the  commission  and 
officers  and  employees,  five  thousand  dollars. 

For  printing,  etc.,  eight  thousand  dollars. 

Hospital  for  Insane. 

For  support  of  Stockton  State  Hospital,  six  hundred  thousand  four  hundred  twenty 
dollars. 

For  salaries  of  officers  and  employees,  Stockton  State  Hospital,  four  hundred  eighty- 
one  thousand  four  hundred  eighty  dollars. 

For  support  of  Napa  State  Hospital,  six  hundred  thirty-seven  thousand  eighty  dollars. 

For  salaries  of  officers  and  employees,  Napa  State  Hospital,  five  hundred  twenty-four 
thousand  two  hundred  eighty  dollars. 

For  support  of  Agnews  State  Hospital,  four  hundred  eighty-three  thousand  eight  hun- 
dred forty  dollars. 

For  salaries  of  officers,  and  employees,  Agnews  State  Hospital,  three  hundred  thirteen 
thousand  three  hundred  forty-four  dollars. 

For  support  of  Mendocino  State  Hospital,  three  hundred  twenty-seven  thousand  seven 
hundred  seventy  dollars. 

For  salaries  of  officers  and  employees,  Mendocino  State  Hospital,  two  hundred  thirty- 
nine  thousand  nine  hundred  four  dollars. 

For  support  of  Southern  California  State  Hospital,  five  hundred  eighty-nine  thousand 
two  hundred  seventy-five  dollars. 

For  salaries  of  officers  and  employees,  Southern  California  State  Hospital,  four  hun- 
dred seventy-one  thousand  four  hundred  fifteen  dollars. 

For  support  of  Sonoma  State  Home,  four  hundred  twenty-six  thousand  four  hundred 
sixteen  dollars. 

For  salaries  of  officers  and  employees,  Sonoma  State  Home,  three  hundred  twenty-five 
thousand  dollars. 

For  support  of  Norwalk  State  Hospital,  three  hundred  thousand  four  hundred  dollars. 

For  salaries  of  officers  and  employees,  Nor^valk  State  Hospital,  one  hundred  twenty- 
eight  thousand  four  hundred  dollars. 

For  support  and  salaries.  Pacific  Colony,  forty-eight  thousand  dollars. 

Transportation  Expenses. 

For  transportation  of  prisoners,  insane,  delinquent  and  feeble-minded  children  to 
state  institutions  to  which  they  are  committed  (exempt  from  section  four  of  this  act), 
two  hundred  twenty  thousand  dollars. 

For  expenses  of  returning  criminals  arrested  without  the  state  (exempt  from  section 
four  of  this  act),  thirty-four  thousand  dollars. 

State  Correctional  Schools. 

For  support  of  Preston  School  of  Industry,  two  hundred  seventy-five  thousand  dollars. 

For  salaries  of  officers  and  employees,  Preston  School  of  Industry,  one  hundred 
sixty  thousand  dollars. 

For  support  of  Whittier  State  School,  two  hundred  seventy-seven  thousand  dollars. 

For  salaries  of  officers  and  employees,  Whittier  State  School,  one  hundred  ninety 
thousand  dollars. 


81  APPROPRIATIONS.  Act  300,  g :: 

For  support  of  California  School  for  Girls,  one  hundred  forty-six  thousand  five  hun- 
dred dollars. 

For  salaries  of  oflSeers  and  employees.  California  School  for  Girls,  one  hundred  four 
thousand  one  hundred  dollars. 

State  Board  of  Prison  Directors. 
For  printing,  etc.,  five  hundred  dollars. 

State  Prisons. 

For  support  of  State  Prison  at  Folsom,  three  hundred  forty-five  thousand  dollars. 

For  salaries  of  officers  and  employees,  State  Prison  at  Folsom,  two  hundred  twenty- 
five  thousand  dollars. 

For  support  of  State  Prison  at  San  Quentin,  four  hundred  twenty-five  thousand 
dollars. 

For  salaries  of  officers  and  employees,  State  Prison  at  San  Quentin,  two  hundred 
seventy-six  thousand  dollars. 

Advisory  Pardon  Board. 

For  support,  five  thousand  dollars. 

Miscellaneous. 

For  official  advertising,  six  thousand  dollars. 

For  purchase  of  topographic  sheets,  five  hundred  dollars. 

For  care  of  state  burial  grounds,  five  hundred  dollars. 

For  payment  of  premiums  on  surety  bonds,  state  officers  and  employees,  seven  thou- 
sand dollars. 

For  printing  and  advertising  sale  of  state  bonds,  twenty  thousand  dollars. 

For  printing,  etc.,  various  officers  not  heretofore  provided  for  (to  be  expended  under 
the  direction  of  the  state  board  of  control),  four  thousand  five  hundred  dollars. 

For  pajonent  of  rewards  offered  by  the  governor,  one  thousand  five  hundred  dollars. 

For  payment  of  reward  offered  by  the  governor  for  illegal  voting,  five  hundred  dollars. 

For  payment  of  rewards  for  arrest  and  conviction  of  highway  robbers,  two  thousand 
dollars. 

For  emergency  fund  to  be  expended  onlj-^  upon  unanimous  vote  of  the  board  of  con- 
trol, approved  by  the  controller,  two  hundred  fifty  thousand  dollars. 

Expenditures  for  Printing,  etc. 

§  2.  The  various  sums  herein  appropriated  for  printing,  binding,  ruling,  materials 
and  all  other  work  provided  for  by  law  to  be  done  in  the  state  printing  office  shall  bo 
expended  only  upon  requisitions  to  be  approved  by  the  state  board  of  control,  and 
said  board  is  authorized  and  given  power  to  reduce  the  amount  of  such  requisitions 
either  in  whole  or  in  any  item  thereof.  When  any  state  publication  is  printed  and 
paid  for  out  of  any  appropriation  in  this  act,  the  disposition  of  the  same  shall  be  sub- 
ject to  the  provisions  of  section  two  thousand  two  hundred  ninety-five  a  of  the  Political 
Code  of  the  state  of  California.  The  sums  that  are  herein  appropriated  for  expenses 
of  the  senate  and  assembly  shall  be  disbursed  under  the  direction  of  the  bodies  to  which 
they  respectively  belong,  and  shall  not  be  subject  to  any  of  the  provisions  of  section 
six  hundred  seventy-two  of  the  Political  Code;  provided,  that  the  state  controller  shall 
not  be  required  to  draw  any  warrants  until  the  original  claims  and  vouchers,  itemized 
and  properly  sworn  to,  are  filed  with  him.  The  sums  herein  appropriated  for  the 
expenses  of  the  national  guard  shall  be  audited  by  the  adjutant  general,  as  required 
by  sections  two  thousand  eighty-three  and  two  thousand  eighty-five  of  the  Political 
Code.  Not  more  than  five  hundred  dollars  of  the  money  hereby  appropriated  for  the 
support  of  the  institutions  of  the  state  shall  be  used  in  each  fiscal  year  for  permanent 

Gen.  Laws — 6 


Act  300,  §§3-5  GENERAL,   LAWS.  S3 

improvements,  but  shall  be  used  solely  for  the  payment  of  salaries  and  traveling 
expenses  of  the  commissioners  or  directors  having  charge  of  the  same  (when  such 
salaries  or  expenses  are  allowed  by  law),  the  salaries  of  employees,  the  purchase  of 
material  and  supplies  for  the  use  of  said  institutions,  and  for  such  incidental  and 
current  expenses  as  may  be  necessarily  incurred  for  the  proper  management  and 
support  of  said  institutions. 

Biennial  statement  of  state  officers.    Original  bills  required.    Revolving  fund. 

$  3.  All  persons  having  demands  against  the  state,  and  various  state  officers,  and 
the  officers  of  all  institutions  under  the  control  of  the  state,  except  the  governor,  to 
whom  and  for  which  appropriations  other  than  salaries  are  made  under  the  provisions 
of  this  act,  shall,  with  their  biennial  report,  submit  a  detailed  statement,  under  oath, 
of  the  manner  in  which  all  appropriations  for  their  respective  departments  and  insti- 
tutions have  been  expended,  and  the  state  board  of  control,  is  hereby  expressly  pro- 
hibited from  allowing  any  demand  payable  out  of  any  such  appropriations  until  the 
same  are  presented  in  itemized  form,  accompanied  by  affidavit  and  voucher  for  money 
expended  by  them,  stating  specifically  the  service  rendered,  by  whom  performed,  time 
employed,  distance  traveled,  and  necessary  expenses  thereof;  if  for  articles  pur- 
chased, the  name  of  each  article,  together  with  the  price  paid  for  each  and  of  whom 
purchased,  with  the  date  of  the  purchase;  provided,  that  in  instances  where  the  duties 
of  any  state  officer  or  board  make  necessary  the  use  of  moneys  for  purposes  of  a 
confidential  nature,  the  board  of  control  may  audit  claims  for  such  expense  without 
requiring  itemization  or  vouchers;  but  such  claims  must  be  accompanied  by  a  state- 
ment of  the  facts  surrounding  the  expenditure,  which  statement  must  be  filed  in  the 
office  of  the  board  of  control;  provided,  further,  that  the  total  amount  so  allowed  for 
such  confidential  purposes  from  the  moneys  herein  appropriated  shall  not  exceed  in 
any  one  fiscal  year  the  sum  of  two  thousand  dollars.  All  bills  and  vouchers,  which 
shall  be  presented  for  supplies  furnished  or  services  rendered,  shall  be  original  bills 
and  vouchers  of  the  parties  furnishing  supplies  and  rendering  services;  provided,  that 
no  officer  shall  use  or  appropriate  any  money,  appropriated  by  this  act,  for  any  pur- 
pose whatsoever,  unless  authorized  thereto  by  law ;  and  provided,  that  any  officer,  board, 
commission  or  department  for  whom  any  appropriation  is  made  herein,  may,  with  the 
permission  of  the  board  of  control,  and  without  at  the  time  furnishing  vouchers  and 
itemized  statements,  draw  from  such  appropriation,  a  sum  not  to  exceed  one  thousand 
dollars  for  any  such  officer,  board,  commission  or  department.  The  sum  so  drawn  shall 
be  used  as  a  revolving  fund  where  cash  advances  are  necessary,  and  at  the  close  of 
each  fiscal  year,  or  at  any  other  time,  upon  the  demand  of  the  board  of  control,  must 
be  accounted  for  and  substantiated  by  vouchers  and  itemized  statements  submitted  to 
and  audited  by  the  board  of  control  and  the  controller. 

Amounts  expendable  monthly. 

§  4.  Not  more  than  one  twenty-fourth  of  the  amount  appropriated  under  this  act 
for  each  department  or  institution  for  the  two  years  ending  June  30,  1921,  shall  be 
expended  during  any  one  month  without  the  consent  of  the  state  board  of  control,  and 
not  more  than  one-half  of  such  appropriation  shall  be  expended  during  the  seventy- 
first  fiscal  year,  unless  the  same  has  been  expressly  authorized  by  this  act. 

Expenditures  forbidden. 

§  5.  The  officers  of  the  various  departments,  boards,  commissions  and  institutions 
for  whose  benefit  and  support  appropriations  are  made  in  this  act  are  expressly 
forbidden  to  make  any  expenditure  in  excess  of  such  appropriations,  except  the 
unanimous  consent  of  the  state  board  of  control  be  first  obtained,  and  a  certificate,  in 
writing    duly  signed  by  every  member  of  said  board,  of  the  unavoidable  necessity  of 


i 


83  APPROPRIATIONS.  Act  300,  §§  6,7 

such  expenditure;  and  any  indebtedness  attempted  to  be  created  against  the  state  in 
violation  of  the  provisions  of  this  section  shall  be  absolutely  null  and  void;  and  shall 
not  be  allowed  by  said  state  board  of  control  nor  paid  out  of  any  state  appropriations ; 
provided,  that  any  member  of  any  such  department,  board,  commissions  or  institutions, 
who  shall  vote  for  any  expenditure,  or  create  any  indebtedness  against  the  state  in 
excess  of  the  respective  appropriations  made  by  this  act,  except  by  the  unanimous 
consent  of  the  state  board  of  control,  and  the  certificate  in  this  section  provided  to  be 
first  obtained  shall  be  liable  on  his  official  bond  for  the  amount  of  such  indebtedness, 
to  be  recovered  in  any  court  of  competent  jurisdiction  by  the  person  or  persons,  firm 
or  corporation  to  whom  such  indebtedness  is  owing. 

Fire  insurance. 

$  6.  No  money  appropriated  by  this  act  shall  be  used  to  renew,  or  pay  for  the 
renewal  of  any  fire  insurance  on  any  public  building  or  property,  nor  to  effect  or  pay 
for  any  new  insurance  on  any  public  building  or  property,  except  the  state  printing 
office  and  its  contents. 

Time  in  effect. 

$  7.  This  act,  inasmuch  as  it  provides  for  an  appropriation  for  the  usual  current 
expenses  of  the  state  shall,  under  the  provisions  of  section  one,  of  article  four,  of 
the  constitution  of  the  state  of  California,  take  effect  immeditely. 

Governor's  veto  of  certain  items.  „,  ,       »  ^  ,.„ 

btate  of  Caliiorma, 

Executive  Office,  Sacramento. 

The  foregoing  general  appropriation  bill,  Assembly  Bill  No.  313,  is  approved  except 

for  the  certain  items  hereinafter  specifically  set  forth  and  objected  to  in  accordance 

with  section  16,  article  IV  of  the  constitution,  which  items  are  disapproved,  to  wit : 

1.  I  object  to  the  item  on  page  nine  [1317]  under  heading  "Legislative  Counsel 
Bureau,"  "For  additional  salaries,  three  thousand  six  hundred  dollars,"  for  the 
reason  that  said  bureau  will  be  able  to  accomplish  its  work  and  pay  sufficient  salaries 
without  this  additional  appropriation. 

2.  I  object  to  the  item  on  page  fifteen  [1322]  under  the  heading  "University  of 
California,"  "For  support  and  maintenance  of  University  of  California,  four  hundred 
thousand  dollars,"  for  the  reason  that  Senate  Bill  No.  28,  which  has  already  been 
signed  by  me,  appropriates  a  like  amount  for  this  same  puri^ose  and  this  item  would 
be  a  duplication  thereof. 

3.  I  object  to  the  following  items  on  page  eighteen  [1325]  under  the  heading  * '  State 
Commission  of  Horticulture, ' '  to  wit : 

"For  salary  of  commissioner,  eight  thousand  dollars; 

"For  salary  of  deputy  commissioner,  five  thousand  four  hundred  dollars; 

"For  salary  of  assistant  superintendent  of  state  insectary,  three  thousand  six 
hundred  dollars; 

"For  salary  of  deputy  quarantine  officer  at  San  Francisco,  three  thousand  six 
hundred  dollars; 

"For  salary  of  deputy  quarantine  officer  at  Los  Angeles,  three  thousand  six  hundred 
dollars";  for  the  reason  that  Assembly  Bill  No.  1112,  which  has  already  been  signed 
by  me,  reorganizes  this  department  and  renders  these  appropriations  unnecessary. 

4.  I  object  to  the  item  on  page  eighteen  [1326]  under  the  heading  "State  Veteri- 
narian," "For  salary  of  clerk,  three  thousand  two  hundred  dollars,"  for  the  same 
reason  set  forth  in  the  preceding  paragraph  hereof. 

5.  1  object  to  the  item  on  page  twenty  [1327],  "For  support  and  salaries,  Pacific 
Colony,  forty-eight   thousand  dollars,"   for   the  reason   that  Assembly  Bill   No.   735, 


Act  306,  g§  1-3  GENERAL,   LAWS.  84 

which  has  already  been  signed  by  me,  carries  sufficient  appropriation  for  the  needs  of 

this  institution.  __       ^^    „,     , 

Wm.  D.  Stephens, 

Governor  of  California. 

Dated:  May  27,  1919. 

[Page  numbers  given  in  above  statement  are  those  of  bill  presented  to  the  governor 
for  approval ;  accompanying  numbers  enclosed  in  brackets  [  ]  are  the  pages  of  these 
statutes  on  which  items  objected  to  appear.] 

CHAPTER  16. 
ARBITRATION. 

CONTENTS  OF  CHAPTER. 
ACT  306.    State  Board  of  Arbitration. 

STATE  BOARD  OF  ARBITRATION. 
ACT  306 — An  act  to  provide  for  a  state  board  of  arbitration  for  the  settlement  of 
differences  between  employers  and  employees,  to  define  the  duties  of  said  board,  and 
to  appropriate  the  sum  of  twenty-five  hundred  dollars  therefor. 

History:    Approved  March  10,  1891,  Stats.  1891,  p.  49. 

Appointment  of  board.    Term.    When  parties  can  not  agree.    Oath  of  office. 

^  1.  On  or  before  the  first  day  of  May  of  each  year,  the  governor  of  the  state  shall 
appoint  three  competent  persons  to  serve  as  a  state  board  of  arbitration  and  concilia- 
tion. One  shall  represent  the  employers  of  labor,  one  shall  represent  labor  employees, 
and  the  third  member  shall  represent  neither,  and  shall  be  chairman  of  the  board.  They 
shall  hold  office  for  one  year  and  until  their  successors  are  appointed  and  qualified. 
If  a  vacancy  occurs,  as  soon  as  possible  thereafter  the  governor  shall  appoint  some  one 
to  serve  the  unexpired  term;  provided,  however,  that  when  the  parties  to  any  contro- 
versy or  difference,  as  provided  in  section  2  of  this  act,  do  not  desire  to  submit  their 
controversy  to  the  state  board,  they  may  by  agreement  each  choose  one  person,  and 
the  two  shall  choose  a  third,  who  shall  be  chairman  and  umpire,  and  the  three  shall 
constitute  a  board  of  arbitration  and  conciliation  for  the  special  controversy  submitted 
to  it,  and  shall  for  that  purpose  have  the  same  powers  as  the  state  board.  The  mem- 
bers of  the  said  board  or  boards,  before  entering  upon  the  duties  of  their  office,  shall 
be  sworn  to  faithfully  discharge  the  duties  thereof.  They  shall  adopt  such  rules  of 
procedure  as  they  may  deem  best  to  carry  out  the  provisions  of  this  act. 

Duties  of  board. 

§  2.  Whenever  any  controversy  or  difference  exists  between  an  employer,  whether 
an  individual,  copartnership,  or  corporation,  which,  if  not  arbitrated,  would  involve  a 
strike  or  lockout,  and  his  employees,  the  board  shall,  upon  application,  as  hereinafter 
provided,  and  as  soon  as  practicable  thereafter,  visit,  if  necessary,  the  locality  of  the 
dispute  and  make  careful  inquiry  into  the  cause  thereof,  hear  all  persons  interested 
therein  who  may  come  before  them,  advise  the  respective  parties  what,  if  anything, 
ought  to  be  done  or  submitted  to  by  either,  or  both,  to  adjust  said  dispute  and  make  a 
written  decision  thereof.  This  decision  shall  at  once  be  made  public,  and  shall  be 
recorded  upon  proper  books  of  record  to  be  kept  by  the  board. 

Application.    Notice.     Costs. 

$  3.  Said  application  shall  be  signed  by  said  employer,  or  by  a  majority  of  his 
employees  in  the  department  of  the  business  in  which  the  controversy  or  difference 
exists,  or  their  duly  authorized  agent,  or  by  both  parties,  and  shall  contain  a  concise 


II 


85  ARCADIA.  Act  308,  §§  4-8 

statement  of  the  grievances  complained  of,  and  a  promise  to  continue  on  in  business 
or  at  work,  without  any  lockout  or  strike,  until  the  decision  of  said  board,  which  must, 
if  possible,  be  made  within  three  weeks  of  the  date  of  filing  the  application.  Immedi- 
ately upon  receipt  of  said  application,  the  chairman  of  said  board  shall  cause  public 
notice  to  be  given  of  the  time  and  place  for  hearing.  Should  the  petitioners  fail  to 
keep  the  promise  made  therein,  the  board  shall  proceed  no  further  thereupon  without 
the  written  consent  of  the  adverse  partJ^  And  the  party  violating  the  contract  shall 
pay  the  extra  cost  of  the  board  entailed  thereby.  The  board  may  then  reopen  the  case 
and  proceed  to  the  final  arbitration  thereof  as  provided  in  section  2  hereof. 

Decision  binding  six  months. 

§  4.  The  decision  rendered  by  the  board  shall  be  binding  upon  the  parties  who  join 
in  the  application  for  six  months,  or  until  either  party  has  given  the  other  a  written 
notice  of  his  intention  not  to  be  further  bound  by  the  conditions  thereof  after  the 
expiration  of  sixty  days  or  any  time  agreed  upon  by  the  parties,  which  agreement  shall 
be  entered  as  a  part  of  the  decision.  Said  notice  may  be  given  to  the  employees  by 
posting  a  notice  thereof  in  three  conspicuous  places  in  the  shop  or  factory  where  they 
work. 

Public  investigation. 

§  5.  Both  employers  and  employees  shall  have  the  right  at  any  time  to  submit  to  the 
board  complaints  or  grievances  and  ask  for  an  investigation  thereof.  The  board  shall 
decide  whether  the  complaint  is  entitled  to  a  public  investigation,  and  if  they  decide  in 
the  affirmative,  they  shall  proceed  to  hear  testimony,  after  giving  notice  to  all  parties 
concerned,  and  publish  the  result  of  their  investigations  as  soon  as  possible  thereafter. 

Per  diem. 

§  6.  The  arbitrators  hereby  created  shall  be  paid  five  dollars  per  day  for  each  day 
of  actual  service,  and  also  their  necessary  traveling  and  other  expenses  incident  to 
the  duties  of  their  office  shall  be  paid  out  of  the  state  treasury;  but  the  expenses  and 
salaries  hereby  authorized  shall  not  exceed  the  sum  of  twenty-five  hundred  dollars  for 
the  two  years. 

Appropriation. 

§  7.  The  sum  of  twenty-five  hundred  dollars  is  hereby  appropriated  out  of  any  money 
in  the  state  treasury  not  otherwise  appropriated,  for  the  expenses  of  the  board  for  the 
first  two  years  after  its  organization. 

$  8.    This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

ARCADIA. 
See  Act  3094,  note. 


Act  313,  §1  GENERAL   LAWS.  86 


CHAPTER  17. 

ARCATA. 
References:      Incorporation,  etc.,  see  post  Act  3094,  note. 

CONTENTS  OF  CHAPTER. 
ACT  313.     Tide  Land  Grant. 

TIDE  LAND  GRANT. 
ACT  313 — An  act  granting  to  the  city  of  Areata  tide  and  sntmerged  lands  of  the  state 
of  California,  including  the  right  to  wharf  out  therefrom  to  the  city  of  Areata,  and 
regulating  the  management,  use  and  control  thereof. 

History:  Approved  May  18,  1917.  In  effect  July  27,  1917.  Stats.  1917. 
p.  708.  Former  act:  Act  of  June  11,  1913.  In  effect  August  10,  1913. 
Stats.  1913,  p.  699,  which  was  superseded  by  the  present  act. 

Tidelands  granted  to  Areata. 

$  1.  There  is  hereby  granted  to  the  city  of  Areata,  a  municipal  corporation  of  th< 
state  of  California,  and  to  its  successors,  all  the  right,  title  and  interest  of  the  state 
of  California,  held  by  said  state  by  virtue  of  its  sovereignty,  in  and  to  all  tide  and  sub- 
merged lands,  whether  filled  or  unfilled,  situate  in  the  county  of  Humboldt,  state  of 
California,  and  described  as  follows,  to  wit : 

Commencing  at  a  point  south  eighty-nine  and  one-half  degrees  west  five  and  ninety- 
one  one-hundredths  chains,  and  south  -thirty-one  degrees  fifty-two  minutes  west  sixteen 
and  twenty-seven  one-hundredths  chains  from  the  center  of  section  thirty-two,  town- 
ship six  north,  range  one  east  of  Humboldt  meridian,  Humboldt  county,  California, 
running  thence  north  two  hundred  fifty  feet  to  south  side  of  dike;  thence  north  seventy- 
five  degrees  west  one  thousand  seven  hundred  fifty  feet  following  the  south  side  of  the 
dike  and  crossing.  Daniel's  slough  to  a  point  on  the  section  line  between  sections 
thirty-one  and  thirty-two;  thence  westward  following  the  south  side  of  the  dike  to  a 
'point  on  said  dike  south  seventy-nine  degrees  west  six  thousand  four  hundred  fifty 
feet;  thence  south  six  thousand  four  hundred  forty  feet  to  a  point  one  thousand  sixty 
fee't  due  west  of  Beacon  number  nine;  then  east  four  thousand  feet  to  a  point  seven 
hundred  eighty  feet  south  of  "pier,"  as  marked  on  United  States  hydrographie  chart 
Humboldt  bay  survey  1911,  sheet  three,  thence  north  fifty-four  and  one-half  degrees 
east  two  thousand  three  hundred  seventy-five  feet  to  the  end  of  the  fourth  course  as 
recited  in  the  description  of  the  tide  lands  granted  to  the  city  of  Areata  (approved 
June  11,  1913) ;  thence  north  eighty  degrees  east  five  thousand  seven  hundred  fifty 
feet  to  a  point  on  the  west  side  of  the  right  of  way  of  the  Northwestern  Pacific  Rail- 
road Company;  thence  following  the  west  line  of  the  Northwestern  Pacific  Railroad 
Company's  right  of  way  to  a  point  in  the  center  of  Butcher's  slough  north  twenty- 
seven  degrees  and  fifty  minutes  west  four  thousand  five  hundred  feet;  thence  north 
fifty-two  and  one-half  degrees  west  six  and  twelve  one-hundredths  chains ;  thence  north 
seventy-one  and  one-half  degrees  west  four  and  five  one-hundredths  chains;  thence 
north  fifty-three  and  one-half  degrees  west  eleven  and  twenty-six  one  hundredths 
chains;  thence  north  thirty-one  and  one-half  degrees  west  two  and  six  one-hundredths 
chains  to  the  place  of  beginning. 

Said  lands  shall  be  forever  held  by  said  city,  and  by  its  successors,  in  trust  for  the 
uses  and  purposes  and  upon  the  express  conditions  following,  to  wit: 

Use  of  lands. 

That  said  lands  shall  be  usod  by  said  city  and  its  successors,  solely  for  the  establish- 
ment, improvement  and  conduct  of  a  harbor,  and  for  a  construction,  maintenance  and 


«7  ARC  ATA.  Act  313,  8  1 

operation  thereon  of  wharves,  docks,  piers,  slips,  quays,  and  other  utilities,  structures 
and  appliances  necessarj'  or  convenient  for  the  promotion  and  accommodation  of 
commerce  and  navigation,  and  said  city,  or  its  successors,  shall  not,  at  any  time,  grant, 
convey,  give  or  alien  said  lands,  or  any  part  thereof,  to  any  individual,  firm  or  corpora- 
tion for  any  purpose  whatever;  provided,  that  said  city,  or  its  successors,  may  grant 
franchises  thereon,  for  limited  periods,  for  wharves  and  other  public  uses  and  pur- 
poses, and  may  lease  said  lands,  or  any  part  thereof,  for  limited  periods,  for  purposes 
consistent  with  the  trusts  upon  which  said  lands  are  held  by  the  state  of  California 
and  with  the  requirements  of  commerce  or  navigation  at  said  harbor,  for  a  term  not 
exceeding  twenty-five  years,  and  on  such  other  terms  and  conditions  as  said  city  may 
determine,  including  a  right  to  renew  such  lease  or  leases  for  a  further  term  not 
exceeding  twenty-five  years  or  to  terminate  the  same  on  such  terms,  reservations  and 
conditions  as  may  be  stipulated  in  such  lease  or  leases,  and  said  lease  or  leases  may  be 
for  any  and  all  purposes  which  shall  not  interfere  with  navigation  or  commerce,  with 
reversion  to  said  city  on  the  termination  of  such  lease  or  leases  of  any  and  all  improve- 
ments thereon,  and  on  such  other  terms  and  conditions  as  the  said  city  may  determine, 
but  for  no  purpose  which  will  interfere  with  navigation  or  commerce;  subject  also  to  a 
reservation  in  all  such  leases  or  such  wharfing  out  privileges  of  a  street,  or  of  such 
other  reservation  as  the  said  city  may  determine  for  sewer  outlets,  and  for  gas  and  oil 
mains,  and  for  hydrants,  and  for  electric  cables  and  wires,  and  for  such  other  conduits 
for  municipal  purposes  and  for  such  public  and  municipal  purposes  and  uses  as  may 
be  deemed  necessary  by  the  said  city;  provided,  however,  that  each  person,  firm  or 
corporation  or  their  heirs,  successors  or  assigns  now  in  possession  of  land  or  lands 
abutting  on  said  lands  within  the  boundaries  of  the  city  of  Areata,  shall  have  a 
right  to  obtain  a  lease  for  a  term  of  twenty-five  years  from  said  city  of  said  land 
and  wharfing  out  privileges  therefrom  with  a  right  of  renewal  for  a  further  term 
of  twenty-five  years  pursuant  to  the  provisions  of  this  act  and  on  such  terms  and 
conditions  as  said  city  may  determine  and  specify,  subject  to  the  right  of  said  city 
to  terminate  said  lease  at  the  end  of  the  first  twenty-five  years  or  refuse  to  renew 
the  same,  or  to  terminate  the  lease  so  renewed  during  the  term  of  such  renewed 
lease  on  such  just  and  reasonable  terms  for  compensation  for  improvements  at  the 
then  value  of  said  improvements  as  said  city  may  determine  and  specify. 

Upon  obtaining  such  lease  and  wharfing  out  privileges  such  person,  firm  or  corpora- 
tion, their  heirs  or  assigns,  shall  quitclaim  to  said  city  any  right  they  or  any  of  them 
may  claim  or  have  to  the  said  lands  hereby  granted. 

Bight  to  rents. 

This  grant  shall  carry  the  right  to  puch  city  of  the  rents,  issues  and  profits  in  any 
manner  hereafter  arising  from  the  lands  or  wharfing  out  privileges  hereby  granted. 

Right  of  state  to  use  wharves,  etc. 

The  state  of  California  shall  have,  at  all  times,  the  right  to  use,  without  charge,  all 
wharves,  docks,  piers,  slips,  quays  and  other  improvements  constructed  on  said  lands 
or  any  part  thereof,  for  any  vessel  or  other  water  craft,  or  railroad  owned  or  operated 
by  the  state  of  California, 

No  discrimination  in  rates. 

No  discrimination  in  rates,  tolls  or  charges  or  in  facilities  for  any  rise  or  service  in 
connection  therewith  shall  ever  be  made,  authorized  or  permitted  bv  said  citv  or  its 
successors  in  the  management,  conduct  or  operation  of  any  of  the  utilities  structures 
or  appliances  mentioned  in  this  section. 


Act  317,  §§1,3  GKiVEUAL   LAWS.  88 

Right  to  fish  reserved. 

There  is  hereby  reserved  in  the  people  of  the  state  of  California  the  right  to  fish  in 
the  waters  on  which  said  lands  may  front  with  the  right  of  convenient  access  to  said 
waters  over  said  lands  for  said  purpose. 


CHAPTER  18. 
ARCHITECTURE. 

CONTENTS  OF  CHAPTER. 
ACT  317.    Practice  of  AECHiTECTimE. 

PRACTICE  OF  ARCHITECTURE. 
ACT  317 — An  act  to  regulate  the  practice  of  architecture. 

History:    Approved  March  23,   1901,   Stats.   1901.  D.   641.    Amended 
March  26,  1903.   Stats.  1903,  p.  522. 

State  "board  created.    Northern  and  southern  districts.    Qualifications  of  memhers. 

Appointment.    Term  of  office.    Compensation.    Expenses. 

$  1.  Within  sixty  days  from  and  after  the  passage  of  this  act,  the  governor  of  the 
state  shall  appoint  ten  persons,  which  persons  so  appointed  shall  constitute  a  board, 
which  board  shall  be  known  and  designated  as  the  state  board  of  architecture.  Five 
members  of  said  board  of  architecture,  shall  be  residents  of  the  northern  district  of 
California,  and  shall  constitute  the  northern  district  for  the  examination  of  applicants 
for  certificates  to  practice  architecture  in  this  state.  And  five  members  of  said  board 
shall  be  appointed  from  the  southern  district  of  California,  and  shall  constitute  the 
southern  district  board  for  the  examination  of  applicants  for  certificates  to  practice 
architecture  in  this  state.  The  northern  district  shall  be  all  that  portion  of  the  state 
north  of  the  northerly  line  of  the  county  of  San  Luis  Obispo  and  the  county  of  Kern 
and  the  county  of  San  Bernardino.  And  the  southern  district  shall  be  all  that  portion 
of  the  state  south  of  the  northerly  line  of  the  county  of  San  Luis  Obispo  and  of  the 
county  of  Kern  and  of  the  county  of  San  Bernardino.  Said  state  board  of  architecture 
shall  be  appointed  by  the  governor  as  follows :  Five  members  shall  be  appointed  from 
the  members  in  good  standing  of  the  San  Francisco  chapter  of  the  American  Institute 
of  Architects,  or  some  similar  institution  or  association  of  architects,  two  of  whom  shall 
be  designated  to  hold  office  for  two  years.  Five  members  shall  be  appointed  from  the 
members  of  the  Southern  California  chapter  of  the  American  Institute  of  Architects, 
or  some  similar  institution  or  association  of  architects,  two  of  whom  shall  be  designated 
to  hold  office  for  two  years.  Each  person  so  appointed  shall  hold  office  for  four  years, 
unless  so  designated  to  hold  office  for  two  years.  And  thereafter,  upon  the  expiration 
of  the  term  of  office  of  the  persons  so  appointed,  the  governor  of  the  state  shall  appoint 
a  successor  or  successors  to  such  outgoing  person  or  persons  whose  term  of  office  shall 
have  exi^ired,  to  hold  office  for  four  years;  provided,  that  the  membership  of  the  state 
board  of  architecture  shall  be  composed  as  herein  set  forth.  Each  member  shall  hold 
over  after  the  expiration  of  his  term  of  office  until  his  successor  shall  have  been  duly 
appointed  and  qualified.  Any  vacancy  occurring  in  the  membership  of  the  board  shall 
be  filled  by  the  governor  of  the  state  for  the  unexpired  term  in  like  manner.  The 
members  of  the  board  shall  serve  without  compensation  from  the  state.  The  expenses 
of  the  board  shall  be  paid  out  of  the  fees  collected  from  applicants  for  certificates. 

Oath  of  office.    Of  officers. 

§  2.     The  members  of  the  state  board  of  architpeture  shall,  befoi-e  entering  upon  the 
discharge  of  the  duties  of  their  office,  take  and  file  with  the  secretary  of  state  tha 


60  ARCHITECTtlRE.  Act  317,  §  3 

constitutional  oath  of  office.  The  said  state  board  of  architecture  shall,  within  thirty 
days  from  and  after  their  appointment,  meet  and  elect  from  their  number  a  president 
and  vice  president,  one  of  whom  shall  be  a  resident  of  the  northern  district,  and  one 
a  resident  of  the  southern  district,  and  two  secretaries,  one  from  each  district.  The 
secretaries  shall  also  act  as  treasurers.  The  person  receiving  the  highest  number  of 
votes  shall  be  secretary,  and  the  person  receiving  the  next  highest  number  of  votes, 
assistant  secretary.  Said  persons  shall  hold  office  for  two  years,  or  until  their  succes- 
sors shall  have  been  duly  elected  and  qualified. 

Rules  and  regulations.    Meetings.    Organization.    Examinations  of  applicants.    Fees. 
Duty  of  secretary  of  state. 

$  3.  The  board  may  adopt  rules  and  regulations  for  the  government  of  its  proceed- 
ings, not  inconsistent  with  this  act.  This  state  board  shall  adopt  a  seal  for  its  own 
use,  and  one  for  each  of  the  district  boards.  The  seal  used  by  the  northern  district 
board  shall  have  the  words  "Northern  District"  inscribed  thereon,  and  the  one  for  the 
southern  district  shall  have  the  words  "Southern  District"  inscribed  thereon,  and  the 
secretary  and  assistant  secretary  shall  have  charge,  care  and  custody  thereof.  The  sec- 
retary shall  keep  a  correct  record  of  all  the  proceedings  of  the  board,  which  shall  be 
open  to  public  examination  at  all  times.  Six  members  shall  constitute  a  quorum  for  the 
transaction  of  business  of  the  state  board  of  architecture,  and  three  members  shall  con- 
stitute a  quorum  of  the  district  boards  for  the  transaction  of  business.  Special  meetings 
of  the  state  board  of  architecture  shall  be  called  by  the  secretary  upon  the  written  re- 
quest of  four  of  its  members,  and  by  giving  twenty  days'  written  notice  of  such  meet- 
ing, and  the  time  and  place  at  which  such  meeting  is  to  be  held,  to  each  member  of  the 
board.  The  district  board  shall  call  special  meetings  upon  the  written  request  of  two  of 
its  members  made  to  the  secretary,  and  upon  five  days'  written  notice  to  each  member  of 
such  district  board.  "Within  thirty  days  from  and  after  the  date  of  their  appointment, 
the  state  board  shall  meet  to  organize,  elect  officers  as  in  this  act  provided  for,  and 
formulate  and  adopt  a  code  of  rules  and  regulations  for  its  government  in  the  exam- 
ination of  applicants  for  certificates  to  practice  architecture  in  this  state;  and  such 
o'her  niles  and  regulations  as  may  be  necessary  and  proper,  not  inconsistent  with  this 
act.  The  board  may  from  time  to  time  repeal  or  modify  its  rules  and  regulations,  not 
inconsistent  with  this  act.  The  state  board  shall  meet  annually,  on  the  second  Tues- 
day in  April,  for  the  purpose  of  transacting  such  business  as  may  lawfully  come  before 
it,  not  inconsistent  with  this  act.  The  district  boards  shall  hold  their  regular  meetings 
for  the  examination  of  applicants  for  certificates  to  practice  architecture,  on  the  last 
Tuesday  of  January,  April,  July,  and  October  of  each  year.  The  board  of  the  northern 
district  shall  meet  in  San  Francisco;  and  the  board  of  the  southern  district  shall  meet 
in  Los  Angeles,  and  at  such  other  times  and  places  as  they  may  elect,  to  examine  appli- 
cants for  certificates.  Any  person  shall  be  entitled  to  an  examination  for  a  certificate 
to  practice  architecture,  upon  payment,  to  the  district  board  when  he  makes  application, 
of  a  fee  of  fifteen  dollars,  which  fee  shall  be  retained  by  the  board ;  should  the  applicant 
pass  a  satisfactory  examination  by  said  district  board,  the  secretary  shall,  upon  the 
payment  to  him  of  a  further  fee  of  five  dollars,  issue  to  the  applicant  a  certificate, 
signed  by  the  president  and  secretary,  scaled  with  the  seal  of  the  district  board,  and 
directed  to  the  secretary  of  state,  setting  forth  the  fact  that  the  person  therein  named 
has  passed  a  satisfactory  examination,  and  that  such  person  is  entitled  to  a  certificate 
to  practice  architecture  in  this  state,  in  accordance  with  the  provisions  of  this  act;  and 
upon  the  payment  to  the  secretary  of  state  of  a  fee  of  five  dollars,  the  secretary  shall 
at  once  issue  to  the  person  therein  named  a  certificate  to  practice  architecture  in  this 
state  in  accordance  with  the  provisions  of  this  act,  which  certificate  shall  contain  the 
full  name  of  the  applicant,  his  birthplace  and  age,  together  with  the  name  of  the  district 


Act  317,  §g  4,  5 


GKMCUAL    LAWS. 


DO 


board  issuing  the  certificate,  and  date  of  issuance  thereof.  All  papers  received  by  the 
secretary  of  state  on  application  for  certificate  shall  be  kept  on  file  in  his  ofl&ce,  and  a 
proper  index  and  record  thereof  shall  be  kept  by  him. 

Eligibility  of  applicants  for  certificates.     Certificates  must  be  recorded. 

§  4.  Any  architect  in  good  standing,  who  shall  show  to  the  satisfaction  of  the  district 
board  of  the  district  in  which  such  architect  may  reside,  that  he  was  engaged  in  the 
practice  of  the  profession  of  architecture  on  the  date  of  the  passage  of  this  act,  shall  be 
granted  a  certificate  without  passing  an  examination,  on  the  payment  to  the  district 
board  of  a  fee  of  five  dollars;  provided,  such  application  shall  be  made  within  six 
months  from  and  after  the  passage  of  this  act.  Said  certificates  shall  set  forth  the  fact 
that  the  person  to  whom  the  same  was  issued  was  practicing  architecture  in  this  state 
at  the  time  of  the  passage  of  this  act,  and  that  the  person  therein  named  is  entitled  to 
a  certificate  to  practice  architecture  without  having  to  pass  an  examination  by  the  dis- 
trict board;  and  the  secretary  of  state  shall,  upon  the  payment  to  him  of  a  fee  of  five 
dollars,  issue  to  the  person  named  therein  a  certificate  to  practice  architecture  in  this 
state,  in  accordance  with  the  provisions  of  this  act.  Each  certificated  architect  shall 
have  his  certificate  recorded  in  the  office  of  the  county  recorder,  in  each  and  every 
county  in  this  state,  in  which  the  holder  thereof  shall  practice,  and  he  shall  pay  to  the 
recorder  the  same  fee  as  is  charged  for  the  recording  of  deeds.  A  failure  to  have  his 
certificate  so  recorded  shall  be  deemed  sufiScient  cause  for  revocation  of  such  certificate. 


Provisions  as  to  practice  of  architecture, 
tificates.    New  certificates.     Seal. 


Non-resident  architects.    Revocation  of  cer- 


§  5.  After  the  expiration  of  six  months  from  the  passage  of  this  act,  it  shall  be 
unlawful,  and  it  shall  be  a  misdemeanor,  punishable  by  fine  of  not  less  than  fifty  dollars 
nor  more  than  five  hundred  dollars,  for  any  person  to  practice  architecture  without  a 
certificate  in  this  state,  or  to  advertise,  or  put  out  any  sign  or  card,  or  other  device  which 
might  indicate  to  the  public  that  he  was  an  architect ;  provided,  that  nothing  in  this  act 
shall  prevent  any  person  from  making  plans  for  his  own  buildings,  nor  furnishing  plans 
or  other  data  for  buildings  for  other  persons,  provided  the  person  so  furnishing  such 
plans  or  data  shall  fully  inform  the  person  for  whom  such  plans  or  data  are  furnished, 
that  he,  the  person  furnishing  such  plans,  is  not  a  certified  architect;  provided,  that 
nothing  in  this  act  shall  prevent  the  employment  of  an  architect  residing  out  of  the  state 
of  California  to  prepare  plans  and  specifications  for  buildings  or  other  structures  within 
the  state,  conditioned  he  shall  present  satisfactory  evidence  to  the  board  of  the  district 
in  which  the  structure  is  to  be  erected  that  he  is  a  competent  architect,  when  such 
board  shall  issue  to  such  architect  a  temporary  certificate  for  such  employment,  upon 
the  payment  of  a  fee  of  five  dollars.  Architects'  certificates  issued  in  accordance  wifj 
the  provisions  of  this  act  shall  remain  in  full  force  until  revoked  for  cause,  as  herein- 
after provided  for  in  this  act.  A  certificate  may  be  revoked  for  dishonest  practices,  or 
for  gross  incompetency  in  the  practice  of  the  profession,  which  questions  shall  be 
determined  by  the  district  board  of  the  district  in  which  the  person  whose  certificate  is 
called  in  question  shall  reside,  or  shall  be  doing  business;  and  upon  a  full  investigation 
of  the  charges  by  the  district  board,  an  opportunity  having  been  given  the  accused  to 
be  heard  in  his  own  defense  or  by  counsel;  and  upon  the  verdict  of  at  lease  four  mem- 
bers of  the  district  board,  the  board  may  issue  its  certificate  to  the  secretary  of  state 
revoking  the  certificate  of  the  person  accused;  and  the  secretary  of  state  shall  there- 
upon cancel  such  certificate.  And  on  the  cancellation  of  such  certificate,  it  shall  be  the 
duty  of  the  secretary  of  the  district  board  to  give  notice  of  such  cancellation  to  the 
county  recorder  of  each  county  in  this  state,  whereupon  the  recorder  shall  mark  the 
certificate  recorded  in  his  office  "Canceled." 


ARCHITECTURE. 


Act  317,  §§  6,  7 


After  the  expiration  of  six  months  the  person  whose  certificate  was  revoked  may  have 
a  new  certificate  issued  to  him  by  the  secretary  of  state  upon  the  certificate  of  the  dis- 
trict board  by  which  the  certificate  was  revoked. 

Every  certificated  architect  shall  have  a  seal,  the  impression  of  which  must  contain 
the  name  of  the  architect,  his  place  of  business,  and  the  words  "Certificated  architect," 
with  which  he  may  stamp  all  plans  prepared  by  him. 

Time  of  taking  effect  of  act. 

$  6,     This  act  shall  take  effect  from  and  after  its  passage. 

Annual  license  fee  of  architects.    Receipt  for  fees. 

§  7.  Each  regularly  certificated  architect  shall  pay  an  annual  license  fee  of  five  dol- 
lars, said  fee  to  be  paid  to  the  secretary  of  the  board  of  the  district  of  which  he  shall  be 
a  resident,  and  shall  be  payable  in  advance  on  January  1,  and  shall  become  delinquent 
the  first  day  of  April,  of  each  year,  after  which  date  it  shall  be  delinquent,  and  the  cer- 
tificate of  such  architects  who  shall  fail  to  pay  their  license  fees  by  April  1  of  each  year, 
shall  be  subject  to  cancellation  by  said  district  board,  and  notice  of  such  cancellation 
shall  be  sent  to  each  county  recorder  of  the  state  of  California  and  to  the  secretary  of 
state,  as  provided  in  section  5  of  the  act  to  regulate  the  practice  of  architecture, 
approved  March  23, 1901,  for  cancellation  of  certificates.  And  the  secretary  of  the  said 
district  shall  issue  a  receipt  signed  by  the  president  and  secretary  of  the  district,  and 
under  the  seal  of  the  district  board,  to  each  architect  paying  said  license  fee,  showing 
that  said  certificated  architect  has  paid  his  annual  license  fee,  which  license  receipt 
shall  be  displayed  in  a  prominent  place  in  the  office  of  said  architect.  The  fees  so  col- 
lected shall  be  used  to  meet  the  expenses  of  the  state  board  of  architecture.  [New  sec- 
tion approved  March  26,  1903.    Stats.  1903,  p.  522.    In  effect  immediately.] 


Action  by  architect — Proof  of  compliance 
with  not  not  essential  to  recovery — flatter 
of  defense. — Proof  of  compliance  with  ttiQ 
act  by  thie  architect  is  not  essential  to  a 
right  of  recovery;  but  non-compliance  is 
matter  of  defense  to  be  set  up  and  proved 
by  the  defendant. — Harris  v.  Bucher,  25  Cal. 
App.    380,    174   Pac.   56. 

Board  of  architecture — Violation  of  duty 
to  fix  rea-ionable  rules  and  regulations — 
Remedy. — If  the  board  fixes  unreasonable  or 
arbitrary  rules  for  the  examination  of  ap- 
plicants, the  remedy  is  to  apply  for  appro- 
priate relief,  and  does  not  Justify  an  attack 
upon  the  validity  of  the  act  by  habeas  cor- 
pus proceedings. — Ex  parte  McManus,  151 
Cal.  331,   90   Pac.  702. 

Certificate  of  board — Want  of,  does  not 
invalidate  contract. — The  certificate  required 
by  the  act  is  necessary  to  enable  the  archi- 
tect to  perform  his  contract,  but  the  want 
of  it  at  the  time  of  its  execution  does  not 
render  the  contract  illegal  and  void. — Fitz- 
hugh  V.  Mason,  2  Cal.  App.  229.  83  Pac.   282. 

Constitutionality — As  to  constitutionality 
of  Medical  Practice  Act,  see  Ex  parte  Gerino, 
143  Cal.  412,  66  L.  R.  A.  249,  77  Pac.  166. 

Same — Board  of  architecture  —  Mode  of 
appointment. — The  provisions  of  the  act  as 
to  the  mode  of  appointment  of  the  members 
of  the  state  board  of  architecture  are  con- 
stitutional.— Ex  parte  McManus,  151  Cal.  331, 
90  Pac.   702. 

Same — Delegation  of  legislative  powor^ 
Fixing  standard  of  qualifications. — The  leg- 
islature may  delegate  its  power  to  regulate 


particular  professions  and  fix  standards  of 
qualifications  therefor  to  public  commissions 
or  boards,  when  such  professions  involve 
the  exercise  of  skill  and  the  possession  of 
special  knowledge  and  experience. — Ex  parte 
McManus,   151   Cal.   331,    90   Pac.   702. 

Same— Power  of  board  not  arbitrary. — No 
arbitrary  power  to  make  rules  and  regula- 
tions for  the  examination  of  applicants  is 
conferred  by  the  act,  the  authority  given 
under  the  act  is  to  pass  such  rules  and  reg- 
ulations as  are  reasonably  adapted  to  the 
purpose  of  determining  the  qualifications  of 
applicants  to  practice  the  profession  of  ar- 
chitecture.— Ex  parte  McManus,  151  Cal.  331, 
90  Pac.  702. 

Same — Uniformity  of  operation — Classlfl. 
cation. — The  act  is  constitutional;  the  classi- 
fication is  reasonable,  uniform  in  its  opera- 
tion, and  makes  no  arbitrary  or  other 
discrimination  between  members  of  a  class, 
and  it  does  not  grant  special  privileges  or 
immunities  to  any  members  of  a  class  that 
is  not  granted  to  all. — Ex  parte  McManus, 
151   Cal.  331.   90   Pac.  702. 

Same. — This  statute  can  not  be  upheld  as 
a  police  measure  on  the  ground  that  it 
tended  to  promote  the  prosperity  of  those 
following  the  profession  of  architecture,  by 
giving  such  persons  who  could  obtain  a  li- 
cense an  advantage  over  others. — Binford  v. 
Boyd,   178  Cal.   458,   174  Pac.   56. 

Same. — This  act  can  be  upheld  only  upon 
the  theory  that  the  legislature  believed  that 
it  was  injurious  to  the  public  interest  to 
allow   unskill«i.i   a^nd   unqualified   persons   to 


Act  223 


GENKRAI^   LAWS. 


92 


prepara  plaia  and  specifications  for  the 
erectiOT)  of  buildingrs,  owing-  to  the  dangers 
which  loigftt  arise  from  defects  in  plans  or 
construction. — Binford  v.  Boyd,  178  Cal.  458, 
174  Pac.  56. 

Construction  of  act. — The  act  qualifies  the 
absolute  prohibition  against  the  preparing 
of  building  plans  and  specifications  by  un- 
licensed architects  by  permitting  such  archi- 
tects to  prepare  such  plans,  provided  the 
owner  is  informed  that  such  person  has  no 
license. — Binford  v.  Boyd,  178  Cal.  458,  174 
Pac.  56. 

Same. — The  act  shows  that  it  was  not 
intended  to  prevent  the  sale  of  plans  by  a 
qualified  person,  but  to  prevent  such  sale  by 
an  unqualified  person,  unless  the  purchaser 
was  informed  of  the  fact. — Binford  v.  Boyd, 
178  Cal.  458,  174  Pac.  56. 

Same. — The  object  of  the  act  was  to  se- 
cure  the   erection   of   buildings   from   plans 


prepared  by  persons  sufficiently  schooled  in 
the  profession  to  secure  a  license  from  the 
state  board  by  complying  with  the  state 
law.— Binford  v.  Boyd,  178  Cal.  458,  174 
Pac.    56. 

Corporations. — The  act  does  not  prohibit 
a  corporation  from  contracting  to  furnish 
architectural  plans  and  specifications  to  be 
prepared  by  third  persons  who  are  certified 
architects,  and  there  is  nothing  in  the  act 
or  the  evils  to  be  removed  thereby  which 
raises  the  implication  that  such  is  its  effect. 
—Binford  v.  Boyd,  178  Cal.   458,  174  Pac.  56. 

Same. — Can  engage  in  business  of  archi- 
tect by  employing  or  engaging  in  certified 
architects  under  this  statute,  or  by  notify- 
ing persons  with  whom  it  contracts  for 
building  plans  and  specifications  that  the 
persons  who  prepare  such  plans  and  speci- 
fications are  not  certified  architects. — Bin- 
ford v.  Boyd,  178  Cal.  458,  174  Pac.  66. 


ARMORY. 

See  tit.  "National  Guard." 

ARMORY  BUILDING  AND  WHARP. 
See  tit.  "National  Guard." 


CHAPTER  19. 

ARMS. 
References:    See  tit.  "Military  Academies." 

CONTENTS  OF  CHAPTER. 

ACT  323.    Authorizing  the  Governor  to  Issue  Arms  and  Accoutrements  to  Colleges  and 
Academies. 

ACT  323 — An  act  to  provide  for  the  issuing  arms  and  accoutrements  to  colleges  and 

History:  Approved  May  2,  1862,  Stats.  1862,  p.  483. 

This  act  authorizes  the  governor  to  issue       institutions    with    respect    to    the    use    and 
arms    to    colleges    or   seminaries    upon    peti-       custody  of  such  arms. 

tion   and   the  execution   of  a  bond,   and   pre-  PoT»-er  of  governor  to  Issae  arms  and  ac 

scribes   the   duties   of   the   trustees   of  such      contrements. — See  Kerr's  Cyc.  Political  Code, 

S  380,  subd.  14. 

ARREST. 
See  Kerr's  Cyc.  Code  Civil  Procedure,  $$  1143,  et  seq, 

ARROYO  DEL  MEDO. 

See  Kerr's  Cyc.  Political  Code,  $  2349. 

ARROYO  GRANDE. 

See  Act  3094,  note. 

ARSENAL. 
See  tit.  "National  Guard." 


ARTESIAN  WELLS. 

See  tit.  "Waters." 


83  ASKX  U AJLI/.  4TION,  Act  3*^ .  »»  x-8 

CHAPTER  25). 
ASEXUALIZATION. 

CONTENTS  OF  CHAPTER. 
ACT  346.     Asexualization  of  Inmates  of  Certain  Tnstitutjws. 

ASEXUALIZATION  IN  STATE  INSTITUTIONS. 
ACT  346 — An  act  to  provide  for  the  asexualization  of  inmates  of  state  hospitals  for  the 
insane,  the  Sonoma  State  Home,  of  convicts  in  the  state  prisons,  and  of  idiots,  and 
repealing  an  act  entitled  "An  act  to  permit  asexualization  of  inmates  of  the  state 
hospitals  and  the  California  Home  for  the  Care  and  Training  of  Feeble-minded 
Children  and  of  convicts  in  the  state  prisons,"  approved  April  26,  1909. 

History:  Approved  June  13,  1913.  In  effect  August  10,  1913.  Stats. 
1913,  p.  775.  Amended  May  17,  1917.  In  effect  July  27,  1917.  Stats.  1917, 
p.  571. 

Prior  act  repealed:    Act  of  April  26,  1909.    Stats.  1909,  p.  1093. 

Asexualization  of  inmates  of  hospitals  for  insane  before  release. 

§  1.  Before  any  person  who  has  been  lawfully  committed  to  any  state  hospital  for 
the  insane,  or  who  has  been  an  inmate  of  the  Sonoma  State  Home,  and  who  is  afflicted 
with  mental  disease  which  may  have  been  inherited  and  is  likely  to  be  transmitted  t</ 
descendants,  the  various  grades  of  feeble-mindedness,  those  suffering  from  perversioi 
or  marked  departures  from  normal  mentality  or  from  disease  of  a  syphilitic  nature, 
shall  be  released  or  discharged  therefrom,  the  state  commission  in  lunacy  may  in  its 
discretion,  after  a  careful  investigation  of  all  the  circumstances  of  the  ease,  cause  such 
person  to  be  asexualized,  and  such  asexualization  whether  with  or  without  the  consent 
of  the  patient  shall  be  lawful  and  shall  not  render  the  said  commission,  its  members  or 
any  person  participating  in  the  operation  liable  either  civilly  or  criminally.  [Amend- 
ment of  May  17,  1917.    In  effect  July  27,  1917.    Stats.  1917,  p.  571.] 

Asexualization  of  recidivists  committed  for  sexual  crimes. 

§  2.  Whenever  in  the  opinion  of  the  resident  physician  of  any  state  prison  it  will  be 
beneficial  and  conducive  to  the  benefit  of  the  physical,  mental,  or  normal  condition  of 
any  recidivist  lawfully  confined  in  such  state  prison,  to  be  asexualized,  then  such  physi- 
cian shall  call  in  consultation  the  general  superintendent  of  state  hospitals  and  the 
secretary  of  the  state  board  of  health,  and  they  shall  jointly  examine  into  the  partic- 
ulars of  the  case  with  the  said  resident  physician,  and  if  in  their  opinion  or  the  opinion 
of  any  two  of  them,  asexualization  will  be  beneficial  to  such  recidivist,  they  may  per- 
form the  same;  provided,  that  such  operation  shall  not  be  performed  unless  the  said 
recidivist  has  been  committed  to  a  state  prison  in  this  or  some  other  state  or  country 
at  least  two  times  for  rape,  assault  with  intent  to  commit  rape,  or  seduction,  or  at  least 
three  times  for  any  other  crime  or  crimes,  and  shall  have  given  evidence  while  an 
inmate  of  a  state  prison  in  this  state  that  he  is  a  moral  or  sexual  degenerate  or  pervert; 
and  provided,  further,  that  in  the  case  of  convicts  sentenced  to  state  prison  for  life, 
who  exhibit  continued  evidence  of  moral  and  sexual  depravity,  the  right  to  asexualize 
them,  as  provided  in  this  section,  shall  apply  whether  they  shall  have  been  inmates  of 
a  state  prison  in  this  or  any  other  country  or  state  more  than  one  time  or  not;  provided, 
further,  that  nothing  in  this  act  shall  apply  to  or  refer  to  any  voluntary  patient  con- 
fined or  kept  in  any  state  hospital  of  this  state. 

Asexualization  of  idiots. 

$  3.  Any  idiot  if  a  minor,  may  be  asexualized  by  or  under  the  direction  of  the  modi- 
cal  superintendent  of  any  state  hosi)ital,  with  the  written  consent  of  his  or  hor  pnrcnt 


Acts  381, 3S5,  §  1  GENERAL   LAAVS.  84 

or  guardian,  and  if  an  adult,  then  witli  the  written  consent  of  his  or  her  lawfully 
appointed  guardian,  and  upon  the  written  request  of  the  parent  or  guardian  of  any  such 
idiot  or  fool,  the  superintendent  of  any  state  hospital  shall  perform  such  operation  or 
cause  the  same  to  be  performed  without  charge  therefor. 

Repealed. 

$  4,  An  act  entitled  "An  act  to  permit  asexualization  of  inmates  of  the  state  hos- 
pitals and  the  California  Home  for  the  Care  and  Training  of  Feeble-minded  Children, 
and  of  convicts  in  the  state  prison,"  approved  April  26,  1909,  is  hereby  repealed. 

sterilization  of  inmates  of  Tacific  Colony  for  feeble-minded  and  epileptics. — See,  post, 
&.ct  2163. 

ASSAULT  WITH  CORROSIVE  LIQUIDS. 

See  Kerr's  Cyc.  Penal  Code,  §244. 

ASSESSORS. 

See  Kerr's  Cyc.  Political  Code. 

ASSIGNMENT  OF  NON-NEGOTIABLE  INSTRUMENTS. 
See  Kerr's  Cyc.  Civil  Code,  $  1459. 

ATTORNEY  GENERAL. 
See  Kerr 's  Cyc.  Political  Code. 

ATTORNEYS  AT  LAW. 
See  Kerr's  Cyc.  Code  Civil  Procedure,  §§  275,  et  seq. 

CHAPTER  21. 

AUBURN. 
References:    Incorporation,  etc.,  see  post  Act  3094,  note. 

CONTENTS  OF  CHAPTER. 
ACT  381.     Removal  op  CEiiETEST. 

ACT  381 — Authorizing  the  trustees  of  Auburn  to  remove  a  cemetery  and  to  donate  the 
land  occupied  thereby  to  the  public  for  a  park. 

History:  Approved  March  26,  1895,  Stats.  1895,  p.  109. 

CHAPTER  22. 
AUDITORS. 

CONTENTS  OF  CHAPTER. 
ACT  385.     Report   of    Commitments    to    Public   Institutions. 

REPORT  OF  COMMITMENTS. 
ACT  385 — An  act  to  provide  for  the  supplying  the  county  auditor  with  ft  report  of 
commitments  to  public  institutions. 

History:  Approved  June  12,  1913.    In  effect  August  10,  1913.     Stats. 
1913,  p.  713. 

Monthly  certificate  of  commitments  to  public  institutions. 

§  1.  The  county  clerk  of  each  county  shall  certify  to  the  county  auditor  on  the  first 
day  of  each  month,  a  list  of  all  commitments  to  any  public  institution  in  the  state, 


05  AUTOM*;'BILE — BANKRLPTCY    AND    INSOLVENCY.  Acts,  3S7. 392 

including  reform  schools,  insane  asylums,  and  other  public  institutions  of  like  nature; 
such  certificate  shall  also  contain  a  statement  of  the  reason  for  the  person  so  com- 
mitted, and  of  the  term  of  commitment,  if  the  term  be  definitely  fixed, 

AUTOMOBILE. 

See  tit.  "Motor- Vehicles." 

AVALON. 

See  Act  3094,  note. 

AZUSA. 
See  Act  3094,  note. 

BALBOA  PARK, 
EXPOSITION  AT. 

See  tit.  "Expositions.'* 

CHAPTER  23. 

BAKERSFIELD. 
References:    Incorporation,  etc.,  see  post  Act  3094,  note. 

CONTENTS  OF  CHAPTER. 
ACT  387.     Freeholders'  Charter. 

FREEHOLDERS'  CHARTER. 
ACT  387 — ^Freeholders'  Charter  of  the  City  of  Bakersfield. 

History:  Voted  for  and  ratified  at  a  special  municipal  election  held 
November  7,  1914.  Filed  with  the  secretary  of  state  January  23,  1915. 
Stats.  1915,  p.  1552. 

Duty  o(  city  conncil  to  call  election. — On  recall  is  sought. — Sldler  v.  City  Council  (Cal. 

presentation    of  recall   petition,    sufficient   in  App.),   185  Pac.  194. 

form  and  substance,  duly  certified,  the  duty  "General    election." — The    phrase    "general 

of    the    city    council    to    call    an    election    is  election"    in    section    32    of    the    Bakersfield 

mandatory.  —  Sidler    v.    City    Council    (Cal.  charter,  when  read  with  other  sections,  has 

App.),  185  Pac.  194.  reference  to  the  last  general  municipal  elec- 

Gronnds    of    recall.  —  The    recall    petition  tion,  and  not  general  state  election. — Bakers- 
need  not   set   forth   any   grounds    on    which  field,  etc.,  Co.  v.  Hay,   29   Cal.  App.   289,  155 

Pac.  132. 

CHAPTER  24. 

BANKRUPTCY  AND  INSOLVENCY, 

CONTENTS  OF  CHAPTER. 
ACT  392.     Insolvent  Act  of  1895. 

INSOLVENT  ACT  OF  1895. 
ACT  392 — An  act  for  the  relief  of  insolvent  debtors,  for  the  protection  of  creditors, 
and  for  the  punishment  of  fraudulent  debtors. 

History:  Approved  March  26,  1895,  Stats.  1895,  p.  131.  Amended 
February  26,  1897,  Stats.  1897,  p.  35;  March  25,  1911,  Stats.  1911, 
p.  489.  Prior  acts:  Act  of  May  4,  1852,  Stats.  1852,  p.  69.  Amended 
March  12,  1858,  Stats.  1858,  p.  58;  April  27,  1860,  Stats.  1860,  p.  283; 
April  27,  1863,  Stats.  1863,  p.  750;  supplemented  March  31,  1876,  Stats. 
1875-76,  p.  581.  Act  of  April  6,  1880,  Stats.  1880,  p.  82.  Amended 
April  6,  1891,  Stats.  1891,  p.  511;  February  27,  1893,  Stats.  1893,  p.  45. 
Repealed  by  the  present  act.  The  Act  of  1852  was  continued  in  force 
by  the  codes.  See  Kerr's  Cyc.  Political  Code,  §  19;  Kerr's  Cyc.  Code 
Civil  Procedure,  §  1822.  But  it  was  superseded,  if  not  repealed  by 
the  Act  of  1880.  The  Act  of  1880  was  superseded  as  to  bank  corpora- 
tions by  the  "Bank  Commissioners  Act"  (Stats.  1903,  p.  365).  See 
People  V.  Superior  Court,  100  Cal.  105.  The  present  act  is  suspended 
by  the  Federal  Bankruptcy  Act.     See  notes. 


A.«:t  »a%  §9  1-3  UKNEKAL.   LAWS.  0« 

aETICLE  I.  GENERAij  .StTBTECT  OF  THE  ACT. 

II.  VOLUNTARY  ^SOLVENCY. 

III.  INVOLUNTAEY  INSOx^VENCY. 

IV.  ASSIGNEES. 

V.  PAETNERSHIPS.     CORPOEATIONS. 

VI.  PROOF  OF  DEBT. 

VII.  DISCHARGE. 

VIII.  FRAUDULENT  PREFERENCES  AND  TRANSFBES. 

IX.  PENAL  CLAUSES. 

X.  MISCELLANEOUS. 


ARTICLE  L 

General  Subject  of  the  Act, 
§  1.     AOT,  How  Cited. 

Act,  how  dted. 

§  1.  Every  insolvent  debtor  may,  upon  compliance  with  the  provisions  of  this  act,  be 
discharged  from  his  debts  and  liabilities.  This  act  shall  be  known  and  may  be  cited  as 
the  insolvent  act  of  eighteen  hundred  and  ninety-five. 

ARTICLE  n. 
Voluntary  Insolvency. 

§  2.    Application  fob  Discharge.    Petition,  ScHKDUiiE,  Invbntobt. 

§  3.     Schedule,  Contents  Off. 

§  4.     Inventory. 

§  5.     Affidavit. 

§  6.    Order  of  Court.    Possession  op  Sheriff.    Notice  of  Meeting  of  Creditors.    EtiECTiow 

OF  Assignee.  Duty  of  Sheriff. 
§  7.  Publication  of  Order.  Expenses. 
§  8.    Claims  Entitled  to  Vote  for  Assignee.     Claims  Barred.     Exceptions  to  Claims. 

Decision,  Effect  of.    Right  of  Mortgagee  to  Vote. 

Application  to  superior  court  for  discharge  from  liabilities.    Petition,  schedule,  inven- 
tory. 

§  2.  An  insolvent  debtor,  owing  debts  exceeding  in  amount  the  sum  of  three  hundred 
dollars,  may  apply  by  petition  to  the  superior  court  of  the  county,  or  city  and  county,  in 
which  he  has  resided  for  six  months  next  preceding  the  filing  of  his  petition,  to  be 
discharged  from  his  debts  and  liabilities.  In  his  petition  he  shall  set  forth  his  place 
of  residence,  his  inability  to  pay  all  his  debts  in  full,  his  willingness  to  surrender 
fill  his  estate  and  effects  for  the  benefit  of  his  creditors,  and  his  desire  to  obtain  a 
discharge  from  his  debts  and  liabilities,  and  shall  annex  thereto  a  schedule  and 
inventory,  and  valuation,  in  compliance  with  the  provisions  of  this  act.  The  filing  of 
such  petition  shall  be  an  act  of  insolvency,  and  thereupon  such  petitioner  shall  be 
adjudged  an  insolvent  debtor. 

Schedule,  what  to  contain. 

$  3.  Said  schedule  must  contain  a  full  and  true  statement  of  all  his  debts  and 
liabilities,  exhibiting  to  the  best  of  his  knowledge  and  belief  to  whom  said  debts 
or  liabilities  are  due,  the  place  of  residence  of  his  creditors,  and  the  sum  due  each; 
the  nature  of  the  indebtedness  or  demand,  whether  founded  on  written  security,  obliga- 
tion, contract,  or  otherwise;  the  true  cause  and  consideration  thereof,  and  the  time 
and  place  when  and  where  such  indebtedness  accrued,  and  a  statement  of  any  existing 
pledge,  lien,  mortgage,  judgment,  or  other  security  for  the  payment  of  the  same;  also. 
(}0  outline  of  the  facts  touching  any  liability,  directly  or  indirectly,  in  the  nature  of 
of  any  right  of  action  against  the  insolvent  by  any  one. 


97  BANKRUPTCY   AND   INSOLVENCY.  A<      J9a,  §§  4-7 

Inventory. 

$  4.  Said  inventory  must  contain  an  accurate  description  of  all  the  estate,  both  real 
and  personal,  of  the  petitioner,  including  his  homestead,  if  any,  and  all  property  exempt 
by  law  from  execution,  and  where  the  same  is  situated,  and  all  encumbrances  thereon; 
also,  an  outline  of  the  facts  touching  any  right  of  action  in  favor  cf  the  insolvent 
against  any  one. 

AflSdavit. 

$  5.     The  petition,  schedule,  and  inventory  must  be  verified  by  the  aflSdavit  of  the 

petitioner  annexed  thereto,  and  shall  be  in  form  substantially  as  follows:   I, , 

do  solemnly  swear  that  the  schedule  and  inventory  now  delivered  by  me  contain  a 
full,  perfect,  and  true  discovery  of  all  the  estate,  real,  personal,  and  mixed,  goods  and 
effects,  to  me  in  any  way  belonging;  all  such  debts  as  are  to  me  owing,  or  to  any 
person  or  persons  in  trust  for  me,  and  all  securities  and  contracts,  and  contracts 
whereby  any  money  may  hereafter  become  payable,  or  any  benefit  or  advantage  accrue 
to  me  or  to  my  use,  or  to  any  other  person  or  persons  in  trust  for  me;  that  the  schedule 
and  inventory,  respectively,  contain  a  clear  outline  of  the  facts  touching  any  known 
light  of  action  against  me  by  any  one,  and  an  outline  of  the  facts  touching  all  rights  of 
action  in  my  favor  against  any  one;  that  I  have  no  lands,  money,  stock,  or  estate, 
reversion,  or  expectancy,  besides  that  set  forth  in  my  schedule  and  inventory;  that  I 
have  in  no  instance  created  or  acknowledged  a  debt  for  a  greater  sum  than  I  honestly 
and  truly  owe;  that  I  have  not,  directly  or  indirectly,  sold,  or  otherwise  disposed  of, 
or  concealed,  any  part  of  my  property,  effects,  or  contracts;  that  I  have  not  in  any  way 
compounded  with  my  creditors  whereby  to  secure  the  same,  or  to  receive  or  to  exj3ect 
any  profit  or  advantage  therefrom,  or  to  defraud  or  deceive  any  creditor  to  whom  I  am 
indebted  in  any  manner.    So  help  me  God. 

Order  of  court.    Possession  of  sheriff.    Notice  of  meeting  of  creditors.    Election  cf 

assignee.    Duty  of  sheriff, 

^  6.  Upon  receiving  and  filing  such  petition,  schedule,  and  inventory,  the  court  shall 
make  an  order  declaring  the  petitioner  insolvent,  and  directing  the  sheriff  of  the  county, 
or  city  and  county,  to  take  possession  of  all  the  estate,  real  and  personal,  of  the  debtor, 
except  such  as  may  be  by  law  exempt  from  execution,  and  of  all  his  deeds,  vouchers, 
books  of  account,  and  papers,  and  to  keep  the  same  safely  until  the  appointment  of  an 
assignee.  Said  order  shall  further  forbid  the  payment  of  any  debts  and  the  delivery 
of  any  property  belonging  to  such  debtor,  to  him,  or  for  his  use,  and  the  transfer  of 
any  property  by  him;  and  shall  further  appoint  a  time  and  place  for  a  meeting  of  the 
creditors,  to  prove  their  debts  and  choose  an  assignee  of  the  estate,  and  shall  designate 
a  newspaper  of  general  circulation  published  in  the  county,  or  city  and  county,  in 
which  the  petition  is  filed,  if  there  be  one,  and  if  there  be  none,  in  a  newspaper  pub- 
lished nearest  to  such  county,  or  city  and  county,  in  which  publication  of  such  order 
shall  be  made.  The  time  appointed  for  the  election  of  an  assignee  shall  not  be  less 
than  eight  nor  more  than  ten  days  from  the  date  of  the  order  of  adjudication.  Upon 
the  granting  of  said  order,  all  proceedings  against  the  said  insolvent  shall  be  stayed. 
When  a  receiver  is  appointed  or  an  assignee  chosen,  as  provided  for  in  this  act,  the 
sheriff  shall  thereupon  deliver  to  such  receiver  or  assignee,  as  the  case  may  be,  all 
the  property  and  assets  of  the  insolvent  which  have  come  into  his  possession,  and 
shall  be  allowed  and  paid  as  compensation  for  his  services  the  same  expenses  and  fees 
as  would  by  law  be  collectible  if  the  property  had  been  levied  upon  and  safely  kept 
under  attachment. 

Publication  of  order.    Expenses  of. 

§  7.  A  copy  of  said  order  shall  immedinfely  be  published  by  the  clerk  of  said  court, 
in  a  newspaper  designated  therein,  as  often  as  said  newspaper  is  printed  before  the 

Gen.  Laws — 7 


Act  392,  g  8  GENE3RAL   LAWS.  OS 

meeting  of  creditors,  and  be  served  by  the  clerk  forthwith  by  the  United  States  mail, 
postage  prepaid,  or  personally,  on  all  creditors  named  in  the  schedule.  There  shall 
be  deposited  in  addition  to  the  usual  cost  of  commencing  such  proceedings  a  sum  of 
money  sufficient  to  defray  the  cost  of  the  publication  ordered  by  the  court,  and  ten 
cents  for  each  copy,  to  be  mailed  to  or  served  on  the  creditors,  which  latter  sum  is 
hereby  constituted  the  legal  fee  of  the  clerk  for  the  mailing  or  service  required  in 
this  section. 

Claims  entitled  to  vote  for  assignee.     Claims  barred.    Exceptions  to  claims.    Decision, 

effect  of.    Right  of  mortgagee  to  vote. 

$  8.  No  claim  shall  be  entitled  to  a  vote  for  the  election  of  an  assignee,  unless  such 
claim  shall  be  placed  on  file  in  the  office  of  the  clerk  of  the  court  in  which  the  pro- 
ceedings are  pending,  at  least  two  daj's  prior  to  the  time  appointed  for  the  election  of 
an  assignee.  All  claims  shall  be  established  by  a  statement,  showing  the  amount  and 
nature  of  the  claim,  and  security,  if  any;  such  statement  to  be  verified  by  the  claimant, 
his  agent  or  attorney;  provided,  no  claim  barred  by  the  statute  of  limitations  shall  be 
proved  or  allowed  against  the  estate  of  an  insolvent  debtor  for  any  purpose.  Any 
person  interested  in  the  estate  of  the  insolvent  may  file  exceptions  to  the  legality  or 
good  faith  of  any  claim,  by  setting  forth  specifically  in  writing  his  interest  in  the  estate, 
and  the  grounds  of  his  objection  to  such  claim;  such  specifications  of  exceptions  to  be 
verified  by  the  affidavit  of  the  party  objecting,  his  agent  or  attorney,  setting  out  among 
other  things  that  such  exceptions  are  not  made  for  the  purpose  of  delay,  or  otherwise 
than  in  good  faith  in  the  best  interest  of  said  estate.  Such  exceptions  to  be  filed  with 
the  clerk  of  the  court  at  least  one  day  before  the  time  appointed  for  the  election  of 
an  assignee ;  and  such  exception  shall  be  heard  and  disposed  of  by  the  court,  on  affidavit 
or  other  evidence,  in  a  summary  manner,  before  the  election  of  an  assignee.  But  the 
decision  of  the  court  upon  the  exceptions  as  to  whether  the  claimant  shall  be  entitled 
to  vote  for  an  assignee  shall  not  be  conclusive  upon  the  right  of  the  party  to  partici- 
pate in  the  assets  of  the  insolvent,  the  enforcement  of  such  right  being  subject  to  the 
laws  of  the  state  touching  the  establishment  of  claims  against  the  estates  of  insolvents 
in  case  of  dispute.  No  creditor  or  claimant,  who  holds  any  mortgage,  pledge,  or  lien 
of  any  kind  whatever,  as  security  for  the  payment  of  his  claim,  shall  be  permitted 
to  vote  any  part  of  his  secured  claim  in  the  election  of  assignee,  unless  he  shall  first 
have  the  value  of  such  security  fixed  as  provided  in  section  forty-eight  of  this  act, 
or  surrender  to  the  sheriff  or  receiver  of  the  estate  of  the  insolvent,  if  any  receiver, 
all  such  property  so  mortgaged  or  pledged,  or  assign  such  lien  to  such  receiver  or 
sheriff;  such  surrender  or  assignment  of  security  or  lien  to  be  for  the  benefit  of  all 
creditors  of  the  estate  of  the  insolvent.  The  value  of  such  security,  if  fixed  by  the 
court,  shall  be  so  fixed  at  least  one  day  l)efore  the  day  appointed  for  the  election  of  an 
assignee;  in  which  event  the  claimant  may  prove  his  demand,  as  provided  in  this 
section,  for  any  unsecured  balance  subject  to  the  same  exceptions  as  all  other  claims. 
[Amendment,  Stats.  1897,  p.  35.] 


99  BANKRUPTCY   AND   INSOLVENCY.  Act  392,  §  9 

ARTICLE  III 

Involuntary  Insolvency. 

§    9.  Adjudication,  When  Made.    Petition  and  Bond. 

§  10.    Order  to  Show   Cause.     Order  Forbidding  Payment  of  Debts  ob  Deliveet  or 

Property. 
§  11.     Service  op  Copy  op  Petition  on  Debtor. 
§  12.    Demurrer.     Answer.     Trial  op  Issues. 
§  13.    Order  of  Court  op  Adjudication  of  iNsoiiVENcr.    Duty  op  Sheriff.     Meeting  of 

Creditors.    Election  op  Trustee. 
§  14.    Order  op  Court,Publication  and  Service  Op.    Deposit  op  Costs  and  Fees. 
§  15.     Proceedings,  When  Dismissed. 

§  16.     Process  Against  Absent  or  Foreign  Debtors.     Duty  of  Sheriff. 
§  17.     Rights  of  Other  Creditors. 
§  18.     Court  May  Order  Sale  op  Property. 

Adjudication,  when  made.     Petition  and  bond. 

§  9.  An  adjudication  of  insolvency  may  be  made  on  the  petition  of  five  or  more 
creditors,  residents  of  this  state,  whose  debts  or  demands  accrued  in  this  state,  and 
amount  in  the  aggregate  to  not  less  than  five  hundred  dollars;  provided,  that  said 
creditors,  or  either  of  them,  have  not  become  creditors  by  assignment  within  thirty  days 
prior  to  the  filing  of  said  petition.  Such  petition  must  be  filed  in  the  superior  court  of 
the  county,  or  city  and  county,  in  which  the  debtor  resides  or  has  his  place  of  business, 
and  must  be  verified  by  at  least  three  of  the  petitioners,  setting  forth  that  such  person 
is  about  to  depart  from  this  state,  with  intent  to  defraud  his  creditors,  or  being  absent 
from  the  state  with  such  intent,  remains  absent;  or  conceals  himself  to  avoid  the 
service  of  legal  process;  or  conceals,  or  is  removing,  any  of  his  property  to  avoid  its 
being  attached  or  taken  on  legal  process;  or  being  insolvent,  has  suffered  his  property 
to  remain  under  attachment,  or  legal  process,  for  three  days;  or  has  confessed  or 
offered  to  allow  judgment  in  favor  of  any  creditors;  or  wilfully  suffered  judgment  to 
be  taken  against  him  by  default;  or  has  suffered  or  procured  his  property  to  be  taken 
on  legal  process,  with  intent  to  give  a  preference  to  one  or  more  of  his  creditors;  or 
has  made  any  assignment,  gift,  sale,  conveyance,  or  transfer  of  his  estate,  property, 
rights,  or  credits,  with  intent  to  delay,  defraud,  or  hinder  his  creditors:  or  in  con- 
templation of  insolvency,  has  made  any  payment,  gift,  grant,  sale,  conveyance  or 
transfer  of  his  estate,  property,  rights,  or  credits;  or  has  been  arrested  and  held  in 
custody  by  virtue  of  any  civil  process  of  court  founded  on  any  debt  or  demand;  and 
such  process  remains  in  force,  and  not  discharged  by  payment,  or  otherwise,  for  a 
period  of  three  days;  or  being  a  merchant  or  tradesman,  has  stopped  or  suspended,  and 
not  resumed  paj^ment  within  a  period  of  forty  days  after  the  maturitj'-  of  any  written 
acknowledgment  of  indebtedness,  unless  the  party  holding  such  acknowledgment  has, 
in  writing,  waived  the  right  to  proceed  under  this  subdivision;  or  being  a  bank  or 
lianker,  agent,  broker,  factor,  or  commission  merchant,  has  failed  for  forty  days  to  pay 
any  moneys  deposited  with  or  received  by  him  in  a  fiduciary  capacity,  upon  demand  of 
|iayment,  excepting  savings  and  loan  banks,  or  associations  who  loan  the  money  of 
their  stockholders  and  depositors  on  real  estate,  and  provide  in  their  by-laws  for  the 
repayment  of  such  deposits.  The  petitioners  may,  from  time  to  time,  amend  and 
correct  the  petition,  so  that  the  same  shall  conform  to  the  facts  by  leave  of  the  court 
before  which  the  proceedings  are  pending,  such  amendment  or  amendments  to  relate 
back  to  and  be  received  as  embraced  in  the  original  petition;  but  nothing  in  this  section 
shall  be  construed  to  invalidate  any  loan  of  actual  value,  or  the  security  therefor, 
made  in  good  faith  upon  a  security  taken  in  good  faith  on  the  occasion  of  the  making 
of  such  loan.  The  said  petition  shall  be  accompanied  by  a  bond  with  two  sureties  in 
the  penal  sum  of  at  least  five  hundred  dollars,  conditioned  that  if  the  debtor  should 
not  be  declared  an  insolvent,  the  petitioners  will  pay  all  costs  and  damages,  including' 
a  reasonable  attorney's  fee,  that  the  debtor  may  sustain  by  reason  of  the  filino-  of  said 


Act  392,  §8  10-13  GENERAL   LAWS.  100 

petition.     The  court  may,  upon  motion,  direct  the  filing  of  an  additional  bond  with 
different  sureties,  when  deemed  necessary. 

Order  to  show  cause.    Order  forbidding  payment  of  debts  or  delivery  of  property. 

^  10.  Upon  the  filing  of  such  creditors'  petition,  the  court,  or  a  judge  thereof,  shall 
issue  an  order  requiring  such  debtor  to  show  cause,  at  a  time  and  place  to  be  fixed 
by  said  court,  or  judge,  why  he  should  not  be  adjudged  an  insolvent  debtor,  and  at  the 
same  time,  or  thereafter,  upon  good  cause  shown  therefor,  said  court,  or  judge,  may 
make  an  order  forbidding  the  payment  of  any  debts,  and  the  delivery  of  any  property 
belonging  to  such  debtor  to  him  or  for  his  use,  or  the  transfer  of  any  property  by  him. 

Service  of  copy  of  petition  on  debtor. 

§  11.  A  copy  of  said  petition,  with  a  copy  of  the  order  to  show  cause,  shall  be  served 
on  the  debtor,  in  the  same  manner  as  is  provided  by  law  for  the  service  of  summons  in 
civil  actions,  but  such  sei^ice  shall  be  made  at  least  five  days  before  the  time  fixed  for 
the  hearing;  provided,  that  if,  for  any  reason,  the  service  is  not  made,  the  order  may 
be  renewed,  and  the  time  and  place  of  hearing  changed  by  supplemental  order  of  the 
court;  provided,  however,  that  where  the  debtor  or  debtors  on  whom  service  is  to  be 
made  reside  out  of  this  state;  or  has  departed  from  the  state;  or  can  not,  after  due 
diligence,  be  found  within  the  state;  or  conceals  himself  to  avoid  the  service  of  the 
order  to  show  cause,  or  any  other  process  or  orders  in  the  matter;  or  is  a  foreign 
corporation,  having  no  managing  or  business  agent,  cashier,  or  secretary  within  the 
state,  upon  whom  service  can  be  made,  and  such  facts  are  shown  to  the  court,  or  a 
judge  thereof,  by  affidavit,  suh  court  or  judge  thereof  shall  make  an  order  that  the 
service  of  such  order,  or  other  process,  be  made  by  publication,  in  the  same  manner, 
and  with  the  same  effect,  as  service  of  summons  by  publication  in  ordinary  civil  actions. 

Demurrer.    Answer.    Trial  of  issues. 

§  12.  At  the  time  fixed  for  the  hearing  of  said  order  to  show  cause,  or  such  other 
time  as  it  may  be  adjourned  to,  the  debtor  ma}'  demur  to  the  petition  for  the  same  causes 
as  is  provided  for  demurrer  in  other  cases  by  the  Code  of  Civil  Procedure.  If  the 
demurrer  be  overruled,  the  debtor  shall  have  five  days  thereafter  in  which  to  answer 
the  petition.  If  the  debtor  answers  the  petition,  such  answer  shall  contain  a  specific 
denial  of  the  material  allegations  of  the  petition  controverted  by  him,  and  shall  be 
verified  in  the  same  manner  as  pleadings  in  civil  actions;  and  the  issues  raised  thereon, 
may  be  tried  with  or  without  a  jury,  according  to  the  practice  provided  by  law  for  the 
trial  of  civil  actions. 

Order  of  court  on  adjudication  of  insolvency.    Duty  of  sheriff.     Meeting  of  creditors. 

Election  of  trustee, 

§  13.  If  the  respondent  shall  make  default,  or  if,  after  a  trial,  the  issues  are  found 
in  favor  of  the  petitioners,  the  court  shall  make  an  order  adjudging  that  said  respondent 
is,  and  was  at  the  time  of  filing  the  petition,  an  insolvent  debtor,  and  that  the  debtor 
was  guilty  of  the  acts  and  things  charged  in  the  petition,  or  such  of  those  acts  and 
charges  as  the  court  may  find  to  be  true;  and  shall  require  said  debtor,  within  such 
time  as  the  court  may  designate,  not  to  exceed  three  days,  to  file  in  court  the  schedule 
and  inventory  provided  for  in  sections  three  and  four  of  this  act,  duly  verified,  as 
required  of  a  petitioning  debtor;  provided,  that  in  the  affidavit  of  the  insolvent  touching 
his  property  and  its  disposition  he  shall  not  be  required  to  swear  that  he  has  not 
made  any  fraudulent  preference,  or  committed  any  other  act  in  conflict  with  the  pro- 
visions of  this  act;  but  he  may  do  so  if  he  desires.  Said  order  shall  further  direct  the 
sheriff  of  the  coitnty,  or  city  and  county,  where  the  insolvency  petition  is  filed,  or  the 
receiver,  if  one  has  been  theretofore  appointed,  to  take  possession  of  all  the  estate, 
real  and  personal,  of  the  debtor,  except  such  as  may  be  by  law  exempt  from  execution 


I 


101  BANKRUPTCY    AND    INSOLVENCY.  Act  392,  g§  14-1« 

and  of  all  his  deeds,  vouchers,  books  of  account,  and  papers,  and  to  keep  the  same 
safely  until  the  appointment  of  an  assignee.  Said  order  shall  further  forbid  the  pay- 
ment of  any  debts,  and  the  delivery  of  anj'^  property  belonging  to  such  debtor,  to  him,  or 
for  his  use,  and  the  transfer  of  any  property  by  him;  and  shall  further  appoint  a  time 
and  place  for  a  meeting  of  the  creditors,  to  prove  theii*  debts,  and  choose  an  assignee 
of  the  estate,  and  shall  designate  a  newspaper  of  general  circulation  published  in  the 
county,  or  city  and  county,  in  which  the  petition  is  filed,  if  there  be  one;  and  if  there 
be  none,  in  a  newspaper  published  nearest  to  such  county,  or  city  and  county,  in 
which  publication  of  said  order  shall  be  made.  The  time  appointed  for  the  election  ol 
an  assignee  shall  not  be  less  than  eight  nor  more  than  ten  days  from  the  date  of  the 
order  of  adjudication.  Upon  granting  of  said  order,  all  proceedings  against  the  said 
insolvent  shall  be  stayed.  When  a  receiver  is  appointed  subsequent  to  adjudication,  or 
an  assignee  is  chosen  as  provided  for  in  this  act,  the  sheriff  shall  thereupon  deliver  to 
such  receiver  or  assignee,  as  the  case  may  be,  all  the  property  and  assets  of  the  insol- 
vent which  have  come  into  his  possession,  and  shall  be  allowed  and  paid  as  compensa- 
tion for  his  service  the  same  exjjenses  and  fees  as  would  by  law  be  collectible  if  the 
property  had  been  levied  upon  and  safely  kept  under  attachment. 

Order  of  court,  publication  and  service  of.    Deposit  of  costs  and  fees. 

$  14.  A  cop3'  of  the  order  provided  for  in  section  thirteen  of  this  act,  shall  immedi- 
atelj'  be  published  by  the  clerk  of  said  court  in  the  newspaper  designated  therein,  as 
often  as  such  newspaper  is  printed  before  the  meeting  of  creditors,  and  upon  the 
filing,  at  any  time  before  the  date  set  for  such  meeting,  of  the  schedule  required  by 
said  section  thirteen,  a  copj'  of  said  order  shall  be  served  by  the  clerk  forthwith  by 
United  States  mail,  postage  prepaid,  or  personally,  on  all  creditors  named  in  said 
schedule.  If  said  schedule  is  not  filed  prior  to  the  day  fixed  for  the  election  of  an 
assignee,  publication  of  said  order  as  herein  required  shall  be  of  itself  sufficient  notice 
to  the  creditors  of  the  time  and  place  appointed  for  the  election  of  an  assignee.  No 
order  of  adjudication  upon  creditors'  petition  shall  be  entered  unless  there  be  first 
deposited,  in  addition  to  the  usual  cost  of  commencing  said  proceedings,  a  sum  of  monej' 
sufficient  to  defray  the  cost  of  the  publication  ordered  b}'  the  court,  and  the  further 
sum  of  five  dollars,  which  is  hereby  constituted  the  legal  fee  of  the  clerk  for  the  mailing 
or  service  of  notice  to  creditors  required  in  this  section. 

Proceedings,  when  dismissed. 

$  15.  If,  upon  such  hearing  or  trial,  the  issues  are  found  in  favor  of  the  respondent, 
the  proceedings  shall  be  dismissed,  and  the  respondent  shall  recover  costs  from  the  peti- 
tioning creditors  in  the  same  manner  as  on  the  final  judgment  in  civil  actions. 

Process  against  absent  or  foreign  debtors.    Duty  of  sheriff. 

§  IC.  In  all  cases  where  the  debtor  resides  out  of  this  state,  or  has  departed  from 
the  state;  or  can  not,  after  due  diligence,  be  found  within  the  state;  or  conceals  himself 
to  avoid  service  of  the  order  to  show  cause,  or  any  other  preliminary  process  or  orders 
in  the  matter;  or  is  a  foreign  corporation,  having  no  managing  or  business  agent, 
cashier,  or  secretary  within  the  state  upon  whom  service  of  orders  and  process  can  be 
made,  and  it  therefore  becomes  necessary  to  obtain  service  of  process  and  order  to  show 
cause,  as  provided  in  section  eleven  of  this  act,  then  the  petitioning  creditors,  upon 
submitting  the  affidavits  requisite  to  procure  an  order  of  publication,  and  presenting  a 
bond  in  double  the  amount  of  the  aggregate  sum  of  their  claims  against  the  debtor, 
shall  be  entitled  to  an  order  of  court  directing  the  sheriff  of  the  county,  or  city  and 
county,  in  which  the  matter  is  pending,  to  take  into  his  custody  a  sufficient  amount  of 
property  of  the  debtor  to  satisfy  the  demands  of  the  petitioning  creditors,  and  the  costs 
of  the  proceedings.     Upon  receiving  such  order  of  the  court  to  take  into  custody  prop- 


Act  392,  §§  17,18  GENERAL   LAWS.  103 

erty  of  the  debtor,  it  sliall  be  the  duty  of  the  sheriff  to  take  possession  of  the  property 
and  effects  of  the  debtor,  not  exempt  from  execution,  to  an  extent  sufficient  to  cover  the 
amount  provided  for,  and  to  prepare  within  three  days  from  the  time  of  taking  such 
possession,  a  complete  inventory  of  all  the  property  so  taken,  and  to  return  it  to  the 
court  as  soon  as  completed.  The  time  for  taking  the  inventory  and  making  return 
thereof,  may  be  extended  for  good  cause  shown  to  the  court,  or  a  judge  thereof.  The 
sheriff  shall  also  prepare  a  schedule  of  the  names  and  residences  of  the  creditors,  and 
the  amount  due  to  each,  from  the  books  of  the  debtor,  or  from  such  other  papers  or 
data  of  the  debtor  available  that  may  come  to  his  possession,  and  shall  file  such  schedule 
list  of  creditors  and  inventory  with  the  clerk  of  the  court. 

Rights  of  other  creditors. 

§  17.  In  all  cases  where  property  is  taken  into  the  custody  of  the  sheriff,  as  pro- 
vided in  the  preceding  section,  if  the  property  taken  into  custody  by  the  sheriff  does 
aot  embrace  all  the  property  and  effects  of  the  debtor  not  exempt  from  execution,  any 
other  creditor  or  creditors  of  the  debtor,  upon  giving  bond  in  double  the  amount  of 
their  claims,  singly  or  jointly,  shall  be  entitled  to  similar  orders,  and  to  like  action, 
by  the  sheriff,  until  all  claims  be  provided  for,  if  there  be  sufficient  property  or  effects. 
All  property  taken  into  custody  by  the  sheriff  by  virtue  of  the  giving  of  any  such  bonds 
shall  be  held  by  him  for  the  benefit  of  all  creditors  of  the  debtor  whose  claims  shall  be 
duly  proved,  and  as  provided  in  this  act.  The  bonds  provided  for  in  this  and  the  pre- 
ceding section  to  procure  the  order  for  custody  of  the  property  and  the  effects  of  the 
debtor,  shall  be  conditioned  that  if,  upon  final  hearing  of  the  petition  in  insolvency,  the 
court  shall  find  in  favor  of  the  petitioners,  such  bonds  and  all  of  them  shall  be  void; 
if  the  decision  be  in  favor  of  the  debtor,  the  proceedings  shall  be  dismissed,  and  the 
debtor,  his  heirs,  administrators,  executors,  or  assigns,  shall  be  entitled  to  recover  such 
sum  of  money  as  shall  be  sufficient  to  cover  the  damages  sustained  by  him,  not  to  exceed 
the  amount  of  the  respective  bonds,  in  any  court  having  jurisdiction  of  the  subject 
and  the  parties;  provided,  that  if  either  the  petitioners  or  the  debtor  shall  appeal  from 
the  decision  of  the  court,  upon  final  hearing  of  the  petition  the  appellant  shall  be 
required  to  give  bond  to  the  successful  party  in  a  sum  double  the  amount  of  the  value 
of  the  property  in  controversy,  and  for  the  costs  of  the  proceedings.  Any  person 
interested  in  the  estate  maj'  except  to  the  sufficiency  of  the  sureties  on  such  bond,  or 
bonds.  When  excepted  to,  the  petitioner's  sureties,  upon  notice  to  the  person  excepting 
of  not  less  than  two  nor  more  than  five  days,  must  justify  before  a  judge  or  county 
clerk  in  the  same  manner  as  upon  bail  on  arrest;  and  upon  failure  to  justify,  or  if 
others  in  their  place  fail  to  justify,  at  the  time  and  place  appointed,  the  clerk  or  judge 
shall  issue  an  order  vacating  the  order  to  take  the  property  of  the  debtor  into  the 
custody  of  the  sheriff. 

Court  may  order  sale  of  property. 

§  18.  If  in  any  case,  pi'opcr  affidavits  and  bonds  are  presented  to  the  court,  or  a 
judge  thereof,  asking  for  and  obtaining  an  order  of  publication,  and  an  order  for  the 
custody  of  the  property  of  the  debtor,  as  provided  in  section  sixteen  and  seventeen  of 
ihis  act,  and  thereafter  the  petitioners  shall  make  it  appear  satisfactory  to  the  court, 
or  a  judge  thereof,  that  the  interest  of  the  parties  to  the  proceedings  will  be  subserved 
by  a  sale  thereof,  the  court  may  order  such  property  to  be  sold,  in  the  same  manner 
as  property  is  sold  under  execution,  the  proceeds  to  be  deposited  in  the  court,  to  abide 
the  result  of  the  proceedings. 


1 


103  BANKRUPTCY   AND   INSOLVENCT;  Act  392,  §§  19-2J 

ARTICLE  TV. 

Assignees. 

§  19,    Election.    Bond. 

§  20.    Assignee,  When  Appointed. 

§  21.    Assignment,  Effect  Of. 

§  22.    Authority  op  Assignee. 

§  23.  Assignment,  Recording  Of.  Preparation  op  Schedule  and  Inventory  by  Assignkb, 
AND  Service  on  Creditors. 

§  24.    Assignee  May  Resign.    Liability  of  Outgoing  Assignee. 

§  25.    Assignee,  Enumeration  of  Powers  Of. 

§  26.    Insolvent  to  Deli\'er  Books,  Vouchers,  Notes,  etc.,  to  Court. 

§  27.    Embezzlement  of  Property.    Liability. 

§  28.     Penalties  for  Concealment,  Embezzlement,  etc.,  op  Property. 

§  29.  Estate  to  be  Converted  Into  Money.  No  Private  Sale  Without  Ordeb.  Petition 
FOR  Sale,  Notice  Of. 

§  30.     When  Court  May  Order  Sale  of  Portion  of  Estate. 

§  31.    Outstanding  Debts  on  Property,  Sale  Of.    Actions  foe  Damages,  Compromise  Op. 

§  32.    Assignees  to  be  Allowed  Necessary  Expenses     Rate  op  Commissions  Allowed. 

§  33.    Exhibit  by  Assignee  to  Court.    Exceptions. 

§  34.    Account  by  Assignee,  Filing  Of.    Distribution  of  Assets. 

§  35.     Creditors  to  Share  Pro  Rata.    Bail,  Sureties  of  Guarantors,  Rights  op. 

§  36.  Dividends,  Not  Delayed  by  Subsequent  Proof  op  Debts.  Rights  of  Subsequent 
Creditors. 

S  37.  Refusal  to  Account  ok  Pay  Dividends.  Discharge  op  Assignee.  Duty  op  Dis- 
charged Assignee. 

§  38.    Final  Account  and  Dividend. 

Election.    Bond. 

$  19.  At  a  meeting  of  the  creditors  in  open  court,  those  being  entitled  to  vote,  as 
provided  by  section  eight,  shall  proceed  to  the  election  of  one  assignee.  In  electing  an 
assignee,  the  opinion  of  the  majority  in  amount  of  claims  shall  prevail.  The  clerk  of 
the  court  shall  keep  a  minute  of  the  deliberations  of  said  creditors,  and  of  the  election 
and  appointment  of  an  assignee,  and  enter  the  same  upon  the  records  of  the  court. 
The  assignee  shall  file,  within  five  days,  unless  the  time  be  extended  by  the  court,  with 
the  clerk,  a  bond,  in  an  amount  to  be  fixed  by  the  court,  to  the  state  of  California,  with 
two  or  more  sufficient  sureties,  approved  by  the  court,  and  conditioned  for  the  faithful 
performance  of  the  duties  devolving  upon  him.  The  bond  shall  not  be  void  upon  the 
first  recovery,  but  may  be  sued  upon  from  time  to  time  by  any  creditor  aggrieved,  in 
his  own  name,  until  the  whole  penalty  be  exhausted.  The  sureties  on  such  bond  may 
be  required  to  justify  upon  the  application  of  any  party  interested,  in  the  same  manner 
as  bail  upon  arrest  in  civil  cases. 

Assignee,  when  appointed. 

§  20.  If,  on  the  day  appointed  for  the  meeting,  creditors  do  not  attend,  or  refuse  to 
elect  an  assignee;  or  if,  after  election,  the  assignee  shall  fail  to  qualify  within  the 
proper  time,  or  if  a  vacancy  occurs  by  death  or  otherwise,  it  shall  be  lawful  for  the 
court  to  appoint  an  assignee  and  fix  the  amount  of  his  bond. 

Assignment.    Effect  of. 

$  21.  As  soon  as  an  assignee  is  elected  or  appointed  and  qualified,  the  clerk  of  the 
court  shall,  by  an  instrument  under  his  hand  and  seal  of  the  court,  assign  and  convey 
to  the  assignee  all  the  estate,  real  and  personal,  of  the  debtor  with  all  his  deeds,  books 
and  papers  relating  thereto,  and  such  assignment  shall  relate  back  to  the  commence- 
ment of  the  proceedings  in  insolvency,  and  shall  relate  back  to  the  acts  upon  which  the 
adjudication  was  founded,  and  by  operation  of  law  shall  vest  the  title  to  all  such  prop- 
erty and  estate,  both  real  and  personal,  in  the  assignee,  although  the  same  is  then 
attached  on  mesne  process,  as  the  property  of  the  debtor,  and  shall  dissolve  any  attach- 
ment made  within  one  month  next  preceding  the  commencement  of  the  insolvency 
proceedings.     Such  assignment  shall  operate  to  vest  in  the  assignee  all  of  the  estate  of 


Art  3J    ,  §§  22-25  GENERAL   LAWS.  104 

the  risolvent  debtor  not  exempt  by  law  from  execution.  Wbenever  such  assignment 
shaP  dissolve  an  attachment  as  herein  provided,  it  shall  also  vacate  any  judgment  made 
or  entered,  and  dissolve  and  set  aside  any  execution  levied  in  any  action  or  proceeding 
aga'ttst  the  debtor  commenced  subsequently  to  the  action  in  which  the  attachment  is 
dis'  olved. 

A.J  thority  of  assignee. 

5  22.  The  assignee  shall  have  the  right  to  recover  all  the  estate,  debts,  and  effects  of 
/■iid  insolvent.  If,  at  the  time  of  the  commencement  of  proceedings  in  insolvency  an 
iction  is  pending  in  the  name  of  the  debtor,  for  the  recovery  of  a  debt  or  other  thing 
ivhich  might  or  ought  to  pass  to  the  assignee  by  the  assignment,  the  assignee  shall  be 
allowed  and  admitted  to  prosecute  the  action,  in  like  manner  and  with  like  effect  as 
if  it  had  been  originally  commenced  by  him.  If  there  are  any  rights  of  action  in  favor 
of  the  insolvent  for  damages,  on  any  account,  for  which  an  action  is  not  pending,  the 
assignee  shall  have  the  right  to  prosecute  the  same  with  the  same  effect  as  the  insolvent 
might  have  done  himself  if  no  proceedings  in  insolvency  had  been  instituted.  If  any 
action  or  proceeding  at  law,  or  in  equity,  in  which  the  insolvent  is  defendant  is  pending 
at  the  time  of  the  adjudication,  the  assignee  may  defend  the  same,  in  the  same  manner 
and  with  like  effect  as  it  might  have  been  defended  by  the  insolvent.  In  suit  prosecuted 
or  defended  by  the  assignee,  a  certified  copy  of  the  assignment  made  to  him  shall  be 
conclusive  evidence  of  his  authority  to  sue  or  defend. 

Assignment,  recording  of.    Preparation  of  schedule  and  inventory  by  assignee  and 
service  on  creditors. 

§  23.  The  assignee  shall,  within  one  month  after  the  making  of  the  assignment  to 
him,  cause  the  same  to  be  recorded  in  every  county,  or  city  and  county,  within  this 
state,  where  any  lands  owned  by  the  debtor  are  situated,  and  the  record  of  such  assign- 
ment, or  a  duly  certified  copy  thereof,  shall  be  conclusive  evidence  thereof  in  all 
courts.  If  the  schedule  and  inventory  required  by  this  act  have  not  been  filed  by  the 
debtor  the  assignee  shall  within  one  month  after  his  election,  prepare  and  file  such 
schedule  and  inventory  from  the  best  information  he  can  obtain,  and  shall  thereupon 
serve  notice  by  United  States  mail,  postage  prepaid,  or  personally,  on  all  creditors 
named  in  such  schedule,  whose  claims  have  not  been  filed,  to  forthwith  prove  their 
demands. 

Assignee  may  resign.    Liability  of  outgoing  assignee. 

§  24.  Any  assignee  may  at  any  time,  by  writing  filed  in  court,  resign  his  appointment, 
having  first  settled  his  accounts,  and  delivered  up  all  the  estate  to  such  successor  as 
the  court  shall  appoint;  provided,  that  if,  in  the  discretion  of  the  court,  the  circum- 
stances of  the  case  require  it,  upon  good  cause  being  shown,  the  court  may,  at  any  time 
before  such  settlement  of  account  and  delivery  of  the  estate  shall  have  been  completed, 
revoke  the  appointment  of  such  assignee  and  appoint  another  in  his  stead.  The 
liability  of  the  outgoing  assignee,  or  of  the  sureties  on  his  bond,  shall  not  be  in  any 
manner  discharged,  released,  or  affected  by  such  appointment  of  another  in  his  stead. 

Assignee,  powers  of,  enumerated. 

$  25.     The  said  assignee  shall  have  power: 

1.  To  sue  in  his  own  name  and  recover  all  the  estate,  debts,  and  things  in  action, 
belonging  or  due  to  such  debtor,  and  no  set-off  or  counterclaim  shall  be  allowed  in  any 
such  suit  for  any  debt,  unless  it  was  owing  to  such  creditor  by  such  debtor  at  the  time 
of  the  adjudication  of  insolvene3^ 

2.  To  take  into  his  possession  all  the  estate  of  such  debtor  except  property  exemjit 
by  law  from  execution,  whether  attached  or  delivered  to  him,  or  afterward  discovered, 
iind  all  books,  vouchers,  evidence  of  indebtedness  and  securities  belonging  to  the  same. 


I 


105  BANKRUPTCY    AND    INSOLVENCY.  Act  392,  §§  26-29 

3.  In  case  of  a  non-resident  absconding  or  concealed  debtor,  to  demand  and  receive 
of  every  sheriff  who  shall  have  attached  any  of  the  property  of  such  debtor,  or  who 
shall  have  in  his  possession  any  moneys  arising  from  the  sale  of  such  property,  all  such 
property  and  monej'S,  on  paying  him  his  lawful  costs  and  charges  for  attaching  and 
keeping  the  same. 

4.  From  time  to  time  to  sell  at  public  auction  all  the  estate,  real  and  personal,  vested 
in  him  as  such  assignee,  which  shall  come  to  his  possession  and  as  ordered  by  the  court. 

5.  On  such  sales  to  execute  the  necessary  conveyances  and  bills  of  sale. 

6.  To  redeem  all  valid  mortgages  and  conditional  contracts,  and  all  valid  pledges 
of  personal  property,  and  to  satisfy  any  judgments  which  may  be  an  encumbrance  on 
^iny  property  sold  by  him,  or  to  sell  such  property,  subject  to  such  mortgage,  contracts, 
pledges,  or  judgments. 

7.  To  settle  all  matters  and  accounts  between  such  debtor  and  his  debtors,  subject 
to  the  approval  of  the  court. 

8.  Under  the  order  of  the  court  appointing  him,  to  compound  with  any  person 
indebted  to  such  debtor,  and  thereupon  to  discharge  all  demands  against  such  person. 

9.  To  have  and  recover  from  any  person  receiving  a  conveyance,  gift,  transfer,  pay- 
ment, or  assignment,  made  contrary  to  any  provision  of  this  act,  the  property  thereby 
transferred  or  assigned;  or  in  case  a  redelivery  of  the  property  can  not  be  had,  to 
recover  the  value  thereof,  with  damages  for  the  detention. 

Insolvent  to  deliver  books,  vouchers,  notes,  etc.,  to  court. 

§  26.  The  insolvent  shall,  either  before  or  on  the  day  appointed  for  the  meeting  of 
creditors,  deliver  to  the  court  all  the  commercial  or  account  books  he  may  have  kept, 
which  books  shall  be  deposited  in  the  clerk's  office  of  said  court.  Said  insolvent  shall 
also  deliver  to  the  court  at  the  same  time,  all  vouchers,  notes,  bonds,  bills,  securities, 
or  other  evidences  of  debt,  in  any  manner  relating  to  or  having  any  bearing  upon  or 
connection  with  the  property  surrendered  by  said  debtor,  and  all  such  papers  or  securi- 
ties shall  be  deposited  in  the  clerk's  office  of  said  court,  and  the  clerk  shall  hand  them 
over,  together  with  the  books  of  the  insolvent,  to  the  assignee  who  may  be  appointed. 

Embezzlement  of  property.    Liability. 

$  27.  If  any  person,  before  the  assignment  is  made,  having  notice  of  the  commence- 
ment of  the  proceedings  in  insolvency,  or  having  reason  to  believe  that  insolvency  pro- 
ceedings are  about  to  be  commenced,  embezzles  or  disposes  of  any  of  the  moneys,  goods, 
chattels,  or  effects  of  the  insolvent,  he  is  chargeable  therewith,  and  liable  to  an  action 
by  the  assignee  for  double  the  value  of  the  property  so  embezzled  or  disposd  of,  to  be 
recovered  for  the  benefit  of  the  estate. 

Penalties  for  concealment,  embezzlement,  etc.,  of  property. 

$  28.  The  same  penalties,  forfeitures,  and  proceedings  by  citation,  examination  and 
commitment  shall  apply  on  behalf  of  an  assignee  against  persons  suspected  of  having 
concealed,  embezzled,  conveyed  away,  or  disposed  of  any  property  of  the  debtor,  or  of 
having  possession  or  knowledge  of  any  deeds,  conveyances,  bonds,  contracts,  or  other 
writings  which  relate  to  any  interest  of  the  debtor  in  any  real  or  personal  estate  as 
provided  in  the  case  of  estates  of  deceased  persons  in  sections  one  thousand  four  hun- 
dred pr.d  fifty-nine,  one  thousand  four  hundred  and  sixty,  and  one  thousand  four 
hundred  and  sixty-one  of  the  Code  of  Civil  Procedure. 

Estfete  to  be  converted  into  money.    No  private  sale  without  order.    Petition  for  sale, 
notice  of. 

^  29.  The  assignee  shall  as  speedily  as  possible  convert  the  estate,  real  and  personal, 
into  money.     He  shall  keep  a  regular  account  of  all  moneys  received  by  him  as  assignee 


Act  302,  §§  30-33  GENERAL,   LAWS.  109 

to  which  every  creditor  or  other  person  interested  therein  may,  at  all  reasonable  times, 
have  access.  No  private  sale  of  any  property  of  the  estate  of  an  insolvent  debtor  shall 
be  valid  unless  made  under  the  order  of  the  court,  upon  a  petition  in  writing,  which 
shall  set  forth  the  facts  showing  the  sale  to  be  necessary.  Upon  filing  the  petition, 
notice  of  at  least  ten  daj'S  shall  be  given  by  publication  and  mailing,  in  the  same  manner 
as  is  provided  in  section  seven  of  this  act.  If  it  appears  that  a  private  sale  is  for  the 
best  interests  of  the  estate,  the  court  shall  order  it  to  be  made. 

When  court  may  order  sale  of  portion  of  estate. 

§  30.  In  all  cases  where  there  has  been  personal  service  of  the  order  to  show  cause, 
or  voluntary  appearance  after  order  of  publication,  when  it  appears  to  the  satisfaction 
of  the  court  that  the  estate  of  the  debtor,  or  any  part  thereof,  is  of  a  perishable  nature, 
or  is  liable  to  deteriorate  in  value,  or  is  disproportionately  expensive  to  keep,  the  court 
may  order  the  same  to  be  sold  in  such  manner  as  may  be  deemed  most  expedient,  under 
the  direction  of  the  sheriff,  receiver,  or  assignee,  as  the  case  may  be,  who  shall  hold 
the  funds  received  in  place  of  the  property  sold  until  further  order  of  the  court. 

Outstanding  debts  or  property,  sale  of.    Action  for  damages,  compromise  of. 

§  31.  Outstanding  debts,  or  other  property  due  or  belonging  to  the  estate,  which  can 
not  be  collected  and  received  by  the  assignee  without  unreasonable  or  inconvenient 
delay  or  expense,  may  be  sold  and  assigned  in  like  manner  as  the  remainder  of  the 
estate.  If  there  are  any  rights  of  action  for  damages  in  favor  of  the  insolvent  prior  to 
the  commencement  of  the  insolvency  proceedings,  the  same  may,  with  the  approval  of 
the  court,  be  compromised. 

Assignees  to  be  allowed  necessary  expenses.    Rate  of  commissions  allowed. 

§  32.  Assignees  shall  be  allowed  all  necessary  expenses  in  the  care,  management, 
and  settlement  of  the  estate,  and  shall  be  entitled  to  charge  and  receive  for  their  serv- 
ices commissions  upon  all  sums  of  money  coming  to  their  hands  and  accounted  for 
by  them,  as  follows :  For  the  first  thousand  dollars,  at  the  rate  of  seven  per  centum ; 
for  all  above  that  sum  and  not  exceeding  ten  thousand  dollars,  at  the  rate  of  five  per 
centum ;  and  for  all  above  that  sum,  at  the  rate  of  four  per  centum ;  provided,  however, 
that  if  the  person  acting  as  assignee  was  receiver  of  the  property  of  the  estate  pending 
the  election  of  an  assignee,  any  compensation  allowed  him  as  such  receiver  shall  be 
deducted  from  the  compensation  to  which  he  otherwise  would  be  entitled  as  such 
assignee. 

Exhibit  by  assignee  to  court.    Exceptions. 

$  33.  At  the  expiration  of  three  months  from  the  appointment  of  the  assignee  in 
any  case,  or  as  much  earlier  as  the  court  may  direct,  a  time  and  place  shall  be  fixed  by 
the  court  at  which  the  assignee  shall  exhibit  to  the  court  and  to  the  creditors,  and  file 
just  and  true  accounts  of  all  his  receipts  and  payments,  verified  by  his  oath,  and  a  state- 
ment of  the  property  outstanding,  specifying  the  c'ause  of  its  outstanding,  also  what 
debts  or  claims  are  yet  undetermined,  and  stating  what  sum  remains  in  his  possession, 
and  shall  accompany  the  same  with  an  affidavit  that  notice  by  mail  has  been  given  to 
all  creditors  named  in  the  schedule  filed  by  the  debtor  or  the  assignee  that  said  accounts 
will  be  heard  at  a  time  specified  in  such  notice,  which  time  shall  not  be  less  than  ten 
nor  morp  than  fifteen  daj's  from  the  filing  of  such  accounts.  At  the  hearing  the  court 
shall  audit  the  accounts,  and  any  person  interested  may  appear  and  file  exceptions 
thereto  and  contest  the  same,  and  thereupon  the  court  may  order  a  dividend  paid  to 
those  creditors  whose  claims  have  been  proven  and  allowed.  Thereafter,  further 
accounts,  statements,  and  dividends  shall  be  made  in  like  manner  as  often  as  occasion 
requires;  provided,  however,  that  it  shall  be  the  duty  of  the  assignee  to  file  his  final 
account  within  one  year  from  the  date  of  the  order  of  adjudication,  unless  the  court, 


107  BANKRUPTCY   AND    INSOLA'ENCY.  Act  393.  §§  34-Si 

after  notice  to  creditors,  shall  grant  further  time,  upon  a  satisfactory  showing  that 
great  loss  and  waste  would  result  to  the  estate  by  reason  of  the  conversion  of  the 
property  into  money  within  said  time,  or  that  it  has  been  impossible  to  do  so  by  reason 
of  litigation. 

Account  by  assignee,  filing  of.    Distribution  of  assets. 

$  34.  The  court  shall  at  any  time,  upon  the  motion  of  any  two  or  more  creditors, 
require  the  assig-nee  to  file  his  account  in  the  manner  and  upon  giving  the  notice  specified 
in  the  preceding  section,  and  if  he  has  funds  subject  to  distribution,  he  shall  be  required 
to  distribute  them  without  delay. 

Creditors  to  share  pro  rata.    Bail,  sureties  or  guarantors,  rights  of. 

$  35.  All  creditors  whose  debts  are  duly  proved  and  allowed  shall  be  entitled  to  share 
in  the  property  and  estate  pro  rata  without  priority  or  preference  whatever,  other  than 
as  provided  in  this  act  and  in  section  one  thousand  two  hundred  and  four  of  the  Code 
of  Civil  Procedure;  provided,  that  any  debt  proved  by  any  person  liable  as  bail,  surety, 
guarantor,  or  otherwise,  for  the  debtor,  shall  not  be  paid  to  the  person  so  proving  the 
same  until  satisfactory'  evidence  shall  be  produced  of  the  payment  of  such  debt  by 
such  person  so  liable;  and  the  share  to  which  such  debt  would  be  entitled  may  be  paid 
into  court,  or  otherwise  held,  for  the  benefit  of  the  party  entitled  thereto,  as  the  court 
may  direct. 

Dividends,  not  delayed  by  subsequent  proof  of  debts.  Rights  of  subsequent  creditors. 
§  36.  Whenever  any  dividend  has  been  duly  declared,  the  distribution  of  it  shall  not 
be  stayed  or  affected  by  reason  of  debts  being  subsequently  proved,  but  the  creditors 
proving  such  debts  shall  be  entitled  to  a  dividend  equal  to  those  already  received  by 
the  other  creditors,  before  any  further  dividend  is  made  to  the  latter;  provided,  the 
failure  to  prove  such  claim  shall  not  have  resulted  from  his  own  neglect. 

Refusal  to   account   or  pay   dividends,   discharge   of   assignee.     Duty   of   discharged 

assignee. 

$  37.  Should  the  assignee  refuse  or  neglect  to  render  his  accounts  as  required  by 
sections  thirty-three  and  thirt3'-four  of  this  act,  or  pay  over  a  dividend  when  he  shall 
have,  in  the  opinion  of  the  court,  sufficient  funds  for  that  purpose,  the  court  shall  imme-. 
diately  discharge  such  assignee  from  his  trust,  and  shall  have  power  to  appoint  anothei' 
in  his  place.  The  assignee  so  discharged  shall  forthwith  deliver  over  to  the  assignee 
appointed  by  the  court  all  the  funds,  property,  books,  vouchers,  or  securities  belonginq 
to  the  insolvent,  without  charging  or  retaining  any  commission  or  compensation  for  hi« 
personal  services. 

Final  account  and  dividend. 

§  38.  Preparatory  to  the  final  account  and  dividend,  the  assignee  shall  submit  his 
account  to  the  court,  and  file  the  same,  and  shall  at  the  time  of  filing  accompany  the 
same  with  an  affidavit  that  a  notice  by  mail  has  been  given  to  all  creditors  who  have 
proved  their  claims,  that  he  will  apply  for  a  settlement  of  his  account  and  for  a  dis- 
charge from  all  liability  as  assignee,  at  a  time  specified  in  such  notice,  which  time 
shall  not  be  less  than  ten  or  more  than  twenty  days  from  such  filing.  At  the  hearing 
the  court  shall  audit  the  account,  and  any  person  interested  may  appear  and  file  excep- 
tions in  writing  and  contest  the  same.  The  court  thereupon  shall  settle  the  account, 
and  order  a  dividend  of  any  portion  of  the  estate,  remaining  undistributed,  and  shall 
discharge  the  assignee,  subject  to  compliance  with  the  order  of  the  court,  from  all  lia- 
bility as  assignee  to  any  creditor  of  the  insolvent. 


Act  302,  §§  30, 40  GE^XERAL  LAWS.  108 

AETICLE  V. 
Partnerships.    Corporations. 
§  39.     Insolvency  op  Partnerships. 
§  40.     Provisions  of  Act  Applicable  to  Corporations. 

Insolvency  of  partnerships. 

^  39.  Two  or  more  persons  who  are  partners  in  business,  or  the  surviving  partner 
of  any  firm,  maj'  be  adjudged  insolvent,  either  on  the  petition  of  such  partners,  or  any 
one  of  them,  or  on  the  petition  of  five  or  more  creditors  of  the  partnership,  qualified 
as  provided  for  in  section  nine  of  this  act,  in  which  ease  an  order  shall  be  issued  in 
the  manner  provided  by  this  act,  upon  which  all  the  joint  stock  and  property  of  the 
partnership,  and  also  all  the  separate  estate  of  each  of  the  partners,  shall  be  taken, 
excepting  such  parts  thereof  as  may  be  exempt  by  law;  and  all  the  creditors  of  the 
company,  and  the  separate  creditors  of  each  partner,  shall  be  allowed  to  prove  their 
respective  debts;  and  the  assignee  shall  be  chosen  by  the  creditors  of  the  copartnership, 
and  shall  also  keep  separate  accounts  of  the  joint  stock  or  property  of  the  copartnership, 
and  the  separate  estate  of  each  member  thereof,  and  after  deducting  out  of  the  whole 
amount  received  by  such  assignee  the  whole  amount  of  the  expenses  and  disbursements, 
the  net  proceeds  of  the  joint  stock  shall  be  appropriated  to  pay  the  creditors  of  the 
copartnership,  and  the  net  proceeds  of  the  separate  estate  of  each  partner  shall  be 
appropriated  to  pay  his  separate  creditors;  and  if  there  shall  be  any  balance  of  the 
separate  estate  of  any  partner  after  the  payment  of  his  separate  debts,  such  balance 
shall  be  added  to  the  joint  stock  for  the  payment  of  the  joint  creditors;  and  if  there 
shall  be  any  balance  of  the  joint  stock  after  the  payment  of  the  joint  debts,  such  balance 
shall  be  divided  and  appropriated  to  and  among  the  separate  estate  of  the  several 
partners  according  to  their  respective  right  and  interest  therein,  and  as  it  would  have 
been  if  the  partnership  had  been  dissolved  without  any  insolvency;  and  the  sum  so 
appropriated  to  the  separate  estate  of  each  partner  shall  be  applied  to  the  payment  of 
his  separate  debts,  and  the  certificate  of -discharge  shall  be  granted  or  refused  to  each 
partner  as  the  same  would  or  ought  to  be  if  the  proceedings  had  been  by  or  against 
him  alone  under  this  act;  and  in  all  other  respects  the  proceedings  as  to  the  partners 
shall  be  conducted  in  the  like  manner  as  if  they  had  been  commenced  and  prosecuted 
by  or  against  one  person  alone.  If  such  copartners  reside  in  different  counties,  the 
court  in  which  the  petition  is  first  filed  shall  retain  exclusive  jurisdiction  over  the  case. 
If  the  petition  be  filed  by  less  than  all  the  partners  of  a  copartnership,  those  partners 
who  do  not  join  in  the  petition  shall  be  ordered  to  show  cause  why  they,  as  individuals, 
and  said  copartnership,  should  not  be  adjudged  to  be  insolvent,  in  the  same  manner  as 
other  debtors  are  required  to  show  cause  upon  a  creditor's  petition,  as  in  this  act  pro- 
dded; and  no  order  of  adjudication  shall  be  made  in  said  proceedings  until  after  the 
bearing  of  said  order  to  show  cause;  provided,  that  in  case  of  proceedings  by  or  against 
surviving  partners,  as  such,  only  the  partnership  interest  of  deceased  partners  shall  be 
subject  to  the  control  of  the  court  in  the  insolvency  proceedings;  but  the  surviving 
partner,  assignee,  or  creditors  may  pursue  the  property  of  the  deceased  partners  in  the 
court  having  jurisdiction  thereof  in  probate  proceedings. 

Provisions  of  act  applicable  to  corporations. 

^  40.  The  provisions  of  this  act  shall  apply  to  corporations,  and  upon  the  petition 
of  any  officer  of  any  corporation,  duly  authorized  by  the  vote  of  the  board  of  directors 
or  trustees,  at  a  meeting  specially  called  for  that  purpose,  or  by  the  assent  in  writing 
of  a  majority'  of  the  directors  or  trustees  as  the  case  may  be,  or  upon  a  creditor's 
petition  made  and  presented  in  the  manner  provided  in  respect  to  debtors,  the  like 
proceedings  shall  be  had  and  taken  as  are  provided  in  the  case  of  debtors.  All  the  pro- 
dsions  of  the  act  which  apply  to  the  debtor,  or  set  forth  his  duties,  examination,  and 
liabilities,  or  prescribe  penalties,  or  relate  to  fraudulent  conveyances,  payments  and 


109  BANKRUPTCY    AND    INSOLVENCY.  Act  333,  gg  41-43 

assignments,  apply  to  each  and  every  officer  of  any  corporation  in  relation  to  the  same 
matters  concerning  the  cori^oration.  "Whenever  any  corporation  is  declared  insolvent, 
all  its  property  and  assets  shall  be  distributed  to  the  creditors;  but  no  discharge  shall 
be  granted  to  anj'  corporation. 

AETICLE  VL 

Proof  of  Debt. 
§  41.    Proof  of  Debt  From  Debtor. 
§  42,     Claims,  Proof  and  Allowance  of  Trial  Op. 
§  43.    Proof,  When  Debtor  Is  Bound  as  Indorsee,  Sxjeett,  Era 
§  44.    Contingent  Debts,  How  Allowed. 
§  45.     Bail,  Surety,  Guarantor,  etc..  Proof  of  Debt  By. 
§  46.     Fixed  Liability,  Proving  Proportionate  Part. 
§  47.     Set-Off  or  Counter-Claim. 

§  48.     Mortgagee,  Pledgee,  etc.,  Conditions  of  Admission  as  Creditor. 
§  49.    Creditor  Proving  Claim  Barred  From   Act.    Valid  Lien.    Unreasonable  Delay. 

Final  judgment. 
§  50.     Fraudulent  Preference.    Proof  of  Claim.    Dividends. 
§  51.    Court  May  Examine  Debtor,  Etc. 

Proof  of  debt  from  debtor. 

^  41.  All  debts  due  and  payable  from  the  debtor  at  the  time  of  the  adjudication  of 
insolvency,  and  all  debts  then  existing  but  not  paj^able  until  future  time,  a  rebate  of 
interest  being  made  when  no  interest  is  payable  by  the  terms  of  the  contract,  may  be 
proved  against  the  estate  of  the  debtor. 

Claims,  proof  and  allowance  of.    Trial  of. 

$  42.  All  demands  against  the  debtor  for  or  on  account  of  any  goods  or  chattels 
wrongfully  taken,  converted,  or  withheld  by  him,  may  be  proved  and  allowed  as  debts 
to  the  amount  of  the  value  of  the  property  so  withheld,  from  the  time  of  the  conver- 
sion; provided,  however,  that  if  the  assignee,  or  any  creditor  whose  claim  has  been 
proven  against  the  estate,  shall  request  it  in  writing,  the  court  shall  require  the  matter 
of  such  claim  for  damages  to  be  tried  as  an  ordinary  action  at  law,  to  determine  the 
liability  of  the  debtor  for  such  damages. 

Proof  when  debtor  is  bound  as  indorser,  surety,  etc. 

$  43.  If  the  debtor  shall  be  bound  as  indorser,  surety,  bail,  or  guarantor,  upon  any 
bill,  bond,  note,  or  other  specialty  or  contract,  or  for  any  debt  of  any  person,  and  his 
liability  shall  not  have  become  absolute  until  the  adjudication  of  insolvency,  the  creditor 
may  prove  the  same  after  such  liability  shall  have  become  fixed,  and  before  the  final 
dividend  shall  have  been  declared. 

Contingent  debts,  how  allowed. 

^  44.  In  all  cases  of  contingent  debts  and  contingent  liabilities,  contracted  by  the 
debtor,  and  not  herein  otherwise  provided  for,  the  creditor  may  make  claim  therefor 
and  have  his  claim  allowed,  with  the  right  to  share  in  the  dividends,  if  the  contingency 
shall  happen  before  the  order  of  the  final  dividend;  or  he  may,  at  any  time,  apply  to 
the  court  to  have  the  present  value  of  the  debt  or  liability  ascertained  and  liquidated, 
which  shall  be  done  in  such  manner  as  the  court  shall  order,  and  shaU  be  allowed  to 
prove  for  the  amount  so  ascertained. 

Bail,  surety,  guarantor,  etc.,  proof  of  debt  by. 

^  45.  Any  person  liable  as  bail,  surety,  or  guarantor,  or  otherwise,  for  the  debtor, 
who  shall  have  paid  the  debt,  or  any  part  thereof,  in  discharge  of  the  whole,  shall  be 
entitled  to  prove  such  debt,  or  to  stand  in  the  place  of  the  creditor,  if  he  shall  have 
proved  the  same,  although  such  payments  shall  have  been  made  after  the  proceedingp  in 
insolvency  were  commenced;  and  any  person  so  liable  for  the  debtor,  and  who  has  not 


Act  392,  §§  4«-49 


GENERA  li   LAWS. 


paid  the  whole  of  said  debt,  but  is  still  liable  for  the  same,  or  any  part  thereof,  may, 
if  the  creditor  shall  fail  or  omit  to  prove  such  debt,  prove  the  same  in  the  name  of  the 
creditor. 

Fixed  liability,  proving  proportionate  part. 

$  46.  Where  the  debtor  is  liable  to  pay  rent,  or  other  debt  falling  due  at  fixed  and 
stated  periods,  the  creditor  may  prove  for  a  proportionate  part  thereof  up  to  the  time 
of  the  insolvency,  as  if  the  same  became  due  from  day  to  day,  and  not  at  such  fixed 
and  stated  periods. 

Set-off  or  counter-claim. 

§  47.  In  all  cases  of  mutual  debts  and  mutual  credits  between  the  parties,  the  account 
between  them  shall  be  stated,  and  one  debt  set  off  against  the  other,  and  the  balance 
only  shall  be  allowed  and  paid.  But  no  set-off  or  counterclaim  shall  be  allowed  of  a 
claim  in  its  nature  not  provable  against  the  estate;  provided,  that  no  set-off  or  counter- 
claim shall  be  allowed  in  favor  of  any  debtor  to  the  insolvent  of  a  claim  purchased  by 
or  transferred  to  him  after  the  filing  of  the  petition  by  or  against  him. 

Mortgagee,  pledgee,  etc.,  conditions  of  admission  as  creditor. 

^  48,  When  a  creditor  has  a  mortgage,  or  pledge  of  real  or  personal  property  of  the 
debtor,  or  a  lien  thereon,  for  securing  the  payment  of  a  debt  owing  to  him  from  the 
debtor,  he  shall  be  admitted  as  a  creditor  only  for  the  balance  of  the  debt,  after  deduct- 
ing the  value  of  such  proj^ert}',  to  be  ascertained  by  agreement  between  him  and  the 
receiver,  if  any,  and  if  no  receiver,  then  ui^on  such  sum  as  the  court,  or  a  judge  thereof, 
may  decide  to  be  fair  and  reasonable,  before  the  election  of  an  assignee,  or  by  a  sale 
thereof,  to  be  made  in  such  manner  as  the  court,  or  judge  thereof,  shall  direct;  or  the 
creditor  may  release  or  convey  his  claim  to  the  receiver,  if  any,  or  if  no  receiver  then 
to  the  sheriff,  before  the  election  of  an  assignee,  or  to  the  assignee  if  an  assignee  has 
been  elected,  upon  such  property,  and  be  admitted  to  prove  his  whole  debt.  If  thft 
value  of  the  property  exceeds  the  sum  for  which  it  is  so  held  as  security,  the  assignee 
may  I'elease  to  the  creditor  the  debtor's  right  of  redemption  thereon  on  receiving  such 
excess;  or  he  may  sell  the  property,  subject  to  the  claim  of  the  creditor  thereon,  and  in 
either  case  the  assignee  and  creditor,  respectively,  shall  execute  all  deeds  and  writings 
necessary  or  proper  to  consummate  the  transaction.  If  the  property  is  not  sold  or 
released,  and  delivered  up,  or  its  value  fixed,  the  creditor  shall  not  be  allowed  to  prove 
any  part  of  his  debt. 

Creditor  proving  claim  barred  from  action.     Valid  lien.     Unreasonable  delay.    Final 

judgment. 

§  49.  No  creditor,  proving  his  debt  or  claim,  shall  be  allowed  to  maintain  any  suit  at 
law  or  in  equity  therefor,  against  the  debtor,  but  shall  be  deemed  to  have  waived  all 
right  of  action  and  suit  against  him,  and  all  proceedings  already  commenced,  or  unsat- 
isfied, judgment  already  obtained  thereon,  shall  be  deemed  to  be  discharged  and  sur- 
rendered thereby;  and  after  the  debtor's  discharge,  upon  proper  application  and  proof 
to  the  court  having  jurisdiction,  all  such  proceedings  shall  be  dismissed,  and  such 
unsatisfied  judgments  satisfied  of  record;  provided,  that  no  valid  lien  existing  in  good 
faith  thereunder  shall  be  thereby  affected;  and  further  provided,  that  a  creditor  proving 
his  debt  or  claim  shall  not  be  held  to  have  M^aived  his  right  of  action  or  suit  against  the 
debtor  where  a  discharge  has  been  refused  or  the  proceedings  have  been  determined 
without  a  discharge.  And  no  creditor  whose  debt  is  provable  under  this  act  shall  be 
allowed,  after  the  commencement  of  proceedings  in  insolvency,  to  prosecute  to  final 
judgment  any  action  therefor  against  the  debtor  until  the  question  of  the  debtor's  dis- 
charge shall  have  been  determined,  and  anj^  such  suit  or  proceeding  shall,  upon  the 
application  of  the  debtor  or  of  any  creditor,  or  the  assignee,  be  stayed  to  await  the 


Ill  BANKRUPTCY   AND    INSOLVENCY.  Act  302,  gg  !i0-53 

determination  of  the  court  in  insolvency  on  the  question  of  discharge;  provided,  that 
there  be  no  unreasonable  delay  on  the  part  of  the  debtor  or  the  petitioning  creditors, 
as  the  case  may  be,  in  prosecuting  the  case  to  its  conclusion;  and  provided  also,  that  if 
the  amount  due  the  creditor  is  in  dispute,  the  suit,  by  leave  of  the  court,  in  insolvency 
may  proceed  to  judgment  for  the  purpose  of  ascertaining  the  amount  due,  which  amount 
may  be  proven  in  insolvency,  but  execution  shall  be  stayed  as  aforesaid;  provided, 
further,  that  where  a  valid  lien  or  attachment  has  been  acquired  or  secured  in  any  such 
action,  and  an  undertaking  been  offered  and  accepted  in  lieu  of  such  lien  or  attach- 
ment, the  case  may  be  prosecuted  to  final  judgment  for  the  purpose  of  fixing  the 
liability  of  the  sureties  upon  such  undertaking,  but  execution  against  the  insolvent  upon 
such  judgment  shall  be  stayed.     [Amendment,  Stats.  1897,  p.  36.] 

Fraudulent  preference.    Proof  of  claim.    Dividends. 

§  50.  Any  person  who  shall  have  accepted  any  preference,  having  reasonable  cause 
to  believe  that  the  same  was  made  or  given  by  the  debtor  contrary  to  any  provision  of 
this  act,  shall  not  prove  the  debt  or  claim  on  account  of  which  the  preference  was  made 
or  given ;  nor  shall  he  receive  any  dividend  thereon  until  he  shall  first  have  surrendered 
to  the  assignee  all  property,  money,  benefit,  or  advantage  received  by  him  under  such 
preference. 

Court  may  examine  debtor,  etc. 

§  51.  The  court  may,  upon  the  application  of  the  assignee,  or  of  any  creditor  of  the 
debtor,  or  without  any  application,  before  or  after  adjudication  in  insolvency,  examine 
upon  oath  the  debtor  in  relation  to  his  property  and  his  estate  and  any  person  tender- 
ing or  making  proof  of  claims,  and  may  subpoena  witnesses  to  give  evidence  relating 
to  such  matters.  All  examinations  of  witnesses  shall  be  had  and  depositions  shall  be 
taken  in  accordance  with  and  in  the  same  manner  as  is  provided  by  the  Code  of  Civil 
Procedure. 

ARTICLE  VIL 
Discliarge. 

§  52.  When  Debtor  Mat  Apply  for  Discharge.    Notice  op  Applicatioit, 

§  53.  Discharge,  When  not  Granted. 

§  54.  Opposition  to  Discharge. 

§  55.  Certificate  of  Discharge. 

§  56.  Fraudulent  Debts  Not  Discharged.   Discharge  Not  to  Affect  Co-Debtob. 

§  57.  Discharge  Releases  Debtor  From  What.    Proviso. 

§  58.  Refusal  op  Discharge,  Effect  Of. 

When  debtor  may  apply  for  discharge.    Notice  of  application. 

5  52.  At  any  time  after  the  expiration  of  three  months  from  the  adjudication  of 
insolvency,  but  not  later  than  one  j^ear  from  such  adjudication,  unless  the  property  of 
the  insolvent  has  not  been  converted  into  money,  the  debtor  may  apply  to  the  court  for 
a  discharge  from  his  debts,  and  the  court  shall  thereupon  order  notice  to  be  given  to  all 
creditors  who  have  proved  their  debts,  to  appear,  on  a  day  appointed  for  that  purpose, 
and  show  cause  why  a  discharge  should  not  be  granted  to  the  debtor;  said  notice  shall 
be  given  by  mail  and  by  publication  at  least  once  a  week,  for  four  weeks,  in  a  news- 
paper published  in  the  county,  or  city  and  county,  or,  if  there  be  none,  in  a  newspaper 
published  nearest  such  county,  or  city  and  county;  provided,  that  if  no  debts  have  been 
proven,  such  notice  shall  not  be  required. 

Discharge,  when  not  granted. 

§  53.  No  discharge  shall  be  granted,  or  if  granted  shall  be  valid,  if  the  debtor  shall 
have  sworn  falsely  in  his  affidavit  annexed  to  his  petition,  schedule,  or  inventory,  or 
upon  any  examination  in  the  course  of  the  proceedings  in  insolvency,  in  relation  to  any 
material  fact  concerning  his  estate,  or  his  debts,  or  to  any  other  material  fact;  or  if  he 


Act  39S,  §§  54, 55  GENERAL,   LAWS,  113 

has  concealed  any  part  of  his  estate  or  effects,  or  any  books  or  writing  relating  thereto; 
or  if  he  has  been  guilty  of  fraud  or  wilful  neglect  in  the  care,  custody,  or  delivery  to 
the  assignee  of  the  property  belonging  to  him  at  the  time  of  the  presentation  of  his 
petition  and  inventory,  excepting  such  property  as  he  is  permitted  to  retain  under  the 
provisions  of  this  act,  or  if  he  has  caused  or  permitted  any  loss  or  destruction  thereof; 
or  if,  within  one  month  before  the  commencement  of  such  proceedings,  he  has  procured 
his  lands,  goods,  moneys,  or  chattels  to  be  attached,  or  seized  on  execution;  or  if  he 
has  destroyed,  mutilated,  altered,  or  falsified  any  of  his  books,  documents,  papers,  writ- 
ings, or  securities,  or  has  made,  or  been  privy  to  the  making  of,  any  false  or  fraudulent 
entry  in  any  book  of  account  or  other  document  with  intent  to  defraud  his  creditors; 
or  if  he  has  given  any  fraudulent  preference,  contrary  to  the  provisions  of  this  act,  or 
made  any  fraudulent  payment,  gift,  transfer,  conveyance,  or  assignment  of  any  part  of 
his  property,  or  has  lost  any  part  thereof  in  gaming,  or  has  admitted  a  false  or  fictitious 
debt  against  his  estate ;  or,  if  having  knowledge  that  any  person  has  proven  such  false 
or  fictitious  debt,  he  has  not  disclosed  the  same  to  his  assignee  within  one  month  after 
such  knowledge;  or  if,  being  a  merchant  or  tradesman,  he  has  not,  subsequently  to  the 
passage  of  this  act,  kept  proper  books  of  account;  or  if  he,  or  any  other  person  on  his 
account,  or  in  his  behalf,  has  influenced  the  action  of  any  creditor,  at  any  stage  of  the 
proceedings,  by  any  pecuniary  consideration  or  obligation;  or  if  he  has,  in  contempla- 
tion of  becoming  insolvent,  made  any  pledge,  payment,  transfer,  assignment,  or  convey- 
ance of  any  part  of  his  property,  directly  or  indirectly,  absolutely  or  conditionally,  for 
the  purpose  of  preferring  any  creditor  or  person  having  a  claim  against  him,  or  who 
is,  or  may  be,  under  liability  for  him,  or  for  the  purpose  of  preventing  the  property 
from  coming  into  the  hands  of  the  assignee,  or  of  being  distributed  under  this  act  in 
satisfaction  of  his  debts;  or  if  he  has  been  convicted  of  any  misdemeanor  under  this 
act,  or  has  been  guilty  of  fraud  contrary  to  the  true  intent  of  this  act;  or,  in  case  of 
voluntary  insolvency,  has  received  the  benefits  of  this  or  any  other  act  of  insolvency  or 
bankruptcy,  within  three  years  next  preceding  his  application  for  discharge;  or  if 
insolvency  proceedings  in  which  he  could  have  applied  for  a  discharge  are  pending  by 
or  against  him  in  the  superior  court  of  any  other  county,  or  citj'  and  county,  in  the  state. 
And  before  any  discharge  is  granted,  the  debtor  shall  take  and  subscribe  an  oath  to  the 
effect  that  he  has  not  done,  suffered,  or  been  privy  to  any  act,  matter,  or  thing  specified 
in  this  act,  as  grounds  for  withholding  such  discharge  or  as  invalidating  such  discharge, 
if  granted. 

Opposition  to  discharge. 

{  54.  Any  creditor  opposing  the  discharge  of  a  debtor  shall  file  specifications  in 
writing,  of  the  ground  of  his  opposition,  and  after  the  debtor  has  filed  and  served  his 
answer  thereto,  which  pleadings  shall  be  verified,  the  court  shall  try  the  issue  or  issues 
raised,  with  or  without  a  jury,  according  to  the  practice  provided  by  law  in  civil  actions. 

Certificate  of  discharge. 

§  55.  If  it  shall  appear  to  the  court  that  the  debtor  has  in  all  things  conformed  to 
his  duty  under  this  act,  and  that  he  is  entitled  under  the  provisions  thereof  to  receive 
a  discharge,  the  court  shall  grant  him  a  discharge  from  all  his  debts,  except  as  here- 
inafter provided,  and  shall  give  him  a  certificate  thereof,  under  the  seal  of  the  court,  in 

substance  as  follows :    In  the  superior  court  of  the  county  of ,  state  of  California. 

Whereas, has  been  duly  adjudged  an  insolvent  under  the  insolvent  laws  of  this 

state,  and  appears  to  have  conformed  to  all  the  requirements  of  law  in  that  behalf,  it 

is  therefore  ordered  by  the  court  that  said be  forever  discharged  from  all  debts 

and  claims,  which  by  said  insolvent  laws  are  made  provable  against  his  estate,  and 

which  existed  on  the day  of ,  on  which  the  petition  of  adjudication  was 

filed  by  (or  against)  him,  excepting  such  debts,  if  any,  as  are  by  said  insolvent  laws 


I 


113  BANKRUPTCY   AND    INSOLVENCY.  Act  392,  §§  56-50 

excepted  from  the  operation  of  a  discharge  in  insolvency.     Given  under  my  hand,  and 

the  seal  of  the  court,  this day  of  ,  A.  D.  .     Attest:    ,  clerk. 

(Seal)  ,  judge. 

Fraudulent  debts  not  discharged.    Discharge  not  to  affect  codehtor. 

$  56.  No  debt  created  bj'  fraud  or  embezzlement  of  the  debtor,  or  his  defalcation  as 
a  public  officer,  or  while  acting  in  a  fiduciary  character,  shall  be  discharged  under  this 
act,  but  the  debt  may  be  proved,  and  the  dividend  thereon  shall  be  a  payment  on  account 
of  said  debt;  and  no  discharge  granted  under  this  act  shall  release,  discharge,  or  affect 
any  person  liable  for  the  same  debt,  for  or  with  the  debtor,  either  as  partner,  joint  con- 
tractor, indorser,  surety,  or  otherwise. 

Discharge  releases  debtor  from  what.    Proviso. 

§  57.  A  discharge,  duly  granted  under  this  act,  shall,  with  the  exceptions  aforesaid, 
release  the  debtor  from  all  claims,  debts,  liabilities,  and  demands,  set  forth  in  his 
schedule,  or  which  were  or  might  have  been  proved  against  his  estate  in  insolvency, 
and  may  be  pleaded  by  a  simple  averment  that  on  the  day  of  its  date  such  discharge 
was  granted  to  him,  setting  forth  the  same  in  full,  and  the  same  shall  be  a  complete 
bar  to  all  suits  brought  on  any  such  debts,  claims,  liabilities,  or  demands,  and  the 
certificate  shall  be  prima  facie  evidence  in  favor  of  such  fact  and  of  the  regularity  of 
such  discharge;  provided,  however,  that  any  creditor  of  said  debtor,  whose  debt  was 
proved  or  provable  against  the  estate  in  insolvency,  who  shall  see  fit  to  contest  the 
validity  of  such  discharge  on  the  ground  that  it  was  fraudulently  obtained,  and  who 
has  discovered  the  facts  constituting  the  fraud  subsequent  to  the  disehai'ge,  may,  at  any 
time  within  two  years  after  the  date  thereof,  apply  to  the  court  which  granted  it  to  set 
it  aside  and  annul  the  same,  or  if  the  same  shall  have  been  pleaded,  the  effect  thereof 
may  be  avoided  collaterally  upon  any  such  grounds. 

Refusal  of  discharge,  effect  of. 

§  58.  The  refusal  of  a  discharge  to  the  debtor  shall  not  affect  the  administration  and 
distribution  of  his  estate  under  the  provisions  of  this  act. 

ARTICLE  Vni. 
Fraudulent  Preferences  and  Transfers, 

S  59.    Fraudxtlent  Preferences  and  Transfers. 

Fraudulent  preferences  and  transfers. 

§  59.  If  any  debtor  being  insolvent,  or  in  contemplation  of  insolvency,  within  one 
month  before  the  filing  of  a  petition  by  or  against  him,  with  a  view  to  give  a  preference 
to  any  creditor,  or  person  having  a  claim  against  him,  or  who  is  under  any  liability  for 
him,  procures  any  part  of  his  property  to  be  attached,  sequestered,  or  seized  on  execu- 
tion, or  makes  any  payment,  pledge,  mortgage,  assignment,  transfer,  sale,  or  conveyance 
of  any  part  of  his  property,  either  directly  or  indirectly,  absolutely  or  conditionally,  to 
any  one,  the  person  receiving  such  payment,  pledge,  mortgage,  assignment,  transfer, 
sale,  or  conveyance,  or  to  be  benefited  thereby,  or  by  such  attachment  or  seizure,  having 
reasonable  cause  to  believe  that  such  debtor  is  insolvent,  and  that  such  attachment 
seizure,  payment,  pledge,  mortgage,  conveyance,  transfer,  sale,  or  assignment  is  made 
with  a  view  to  prevent  his  property  from  coming  to  his  assignee  in  insolvency,  or  to 
prevent  the  same  from  being  distributed  ratably  among  his  creditors,  or  to  defeat  the 
object  of,  or  in  any  way  hinder,  impede,  or  delay  the  operation  of,  or  to  evade  anv  of 
the  provisions  of  this  act,  such  attachment,  sequestration,  seizure,  payment,  pledge, 
mortgage,  transfer,  sale,  assignment,  or  conveyance,  is  void,  and  the  assignee  or  the 
receiver,  may  recover  the  property,  or  the  value  thereof,  as  assets  of  such  insolvent 
debtor;  and  if  such  payment,  pledge,  mortgage,  conveyance,  sale,  assignment,  or  trans- 
Gen.  Laws — S 


Act392,  §§60, 61  GENERAL,   LAWS.  114 

fer  is  not  made  in  the  usual  and  ordinary  course  of  business  of  the  debtor,  or  if  such 
seizure  or  sequestration  is  made  under  a  judgment  which  the  debtor  has  confessed  or 
offered  to  allow,  that  fact  shall  be  prima  facie  evidence  of  fraud.  All  assignments, 
transfers,  conve3'ances,  mortgages,  or  encumbrances  of  real  estate  shall  be  deemed, 
under  this  section,  to  have  been  made  at  the  time  the  instrument  conveying  or  affecting 
such  realty  was  filed  for  record  in  the  county  recorder's  office  of  the  county,  or  city 
and  county,  where  the  same  is  situated. 

ARTICLE  IX. 
Penal  Clauses. 
§  60.    Penal  Offenses.    Penalty. 

Penal  offenses.    Penalty. 

§  60.  From  and  after  the  taking  effect  of  this  act,  if  any  debtor  or  insolvent  shall, 
after  the  commencement  of  proceedings  in  insolvency,  secrete  or  conceal  any  property 
belonging  to  his  estate,  or  part  with,  conceal,  or  destroy,  alter,  mutilate,  or  falsify,  or 
cause  to  be  concealed,  destroyed,  altered,  mutilated,  or  falsified,  any  book,  deed,  docu- 
ment, or  writing  relating  thereto,  or  remove,  or  cause  to  be  removed,  the  same  or  any 
part  thereof,  with  intent  to  prevent  it  from  coming  into  the  possession  of  the  assignee 
in  insolvency,  or  to  hinder,  impede,  or  delay  his  assignee  in  recovering  or  receiving  the 
same,  or  make  any  payment,  gift,  sale,  assignment,  transfer,  or  conveyance  of  any 
property  belonging  to  his  estate,  with  like  intent,  or  shall  spend  any  part  thereof  in 
gaming;  or  shall,  with  intent  to  defraud,  wilfully  and  fraudulently  conceal  from  his 
assignee,  or  fraudulently  or  designedly  omit  from  his  schedule  any  property  or  effects 
whatsoever;  or,  if  in  case  of  any  person  having,  to  his  knowledge  or  belief,  proved  a 
false  or  fictitious  debt  against  his  estate,  he  shall  fail  to  disclose  the  same  to  his 
assignee  within  one  month  after  coming  to  the  knowledge  or  belief  thereof;  or  shall 
attempt  to  account  for  any  of  his  property  by  fictitious  losses  or  expenses;  or  shall, 
within  three  months  before  commencement  of  proceedings  of  insolvency,  under  the 
false  pretense  of  carrying  on  business  and  dealing  in  the  ordinary  course  of  trade, 
obtain  on  credit  from  any  person  any  goods  or  chattels,  with  intent  to  defraud;  or 
shall,  with  intent  to  defraud  his  creditors,  within  three  months  next  before  the  com- 
mencement of  proceedings  in  insolvency,  pawn,  pledge,  or  dispose  of,  otherwise  than 
by  bona  fide  transactions  in  the  ordinary  way  of  his  trade,  any  of  his  goods  and  chattels 
which  have  been  obtained  on  credit  and  remain  unpaid  for,  he  shall  be  deemed  guilty  of 
misdemeanor,  and  upon  conviction  thereof,  shall  be  punished  by  imprisonment  in  the 
county  jail  for  not  less  than  three  months  nor  more  than  two  years. 

AETICLE  X. 
Miscellaneous. 

§  61.  Proceedings  to  Continue  Atteb  Death  of  Debtor. 

§  62.  Statute  of  Limitations. 

§  63.  Creditor  May  Be  Represented  by  Attorney  or  Agent. 

§  64.  Exemptions.     Homestead. 

§  65.  Commencement  of  Proceedings,  What  Deemed  to  Be. 

§  66.  Words  Defined. 

§  67.  Receiver,  Appointment  Of.    Account,  Report,  Compensation. 

§  68.  Sections  of  Code  of  Civil  Procedure  Relating  to  Contempts,  Applicablk, 

§  69.  Attachments.     Costs  a  Preferred  Debt.     Award  or  Costs. 

§  70.  Dismissal  of  Voluntary  Petition. 

§  71.  Appeals. 

§  72.  Repeal  of  Prior  Act. 

Proceedings  to  continue  after  death  of  debtor. 

^  61.  If  any  debtor  shall  die  after  the  order  of  adjudication,  the  proceedings  shall 
be  continued  and  concluded  in  like  manner  and  with  like  validity  and  effect  as  if  ho 
had  lived. 


115  BANKRUPTCY   AND    INSOLVENCY.  Act  392,  §§  62-68 

Statute  of  limitations. 

$  62.  Pending  proceedings  by  or  against  any  person,  copartnersliip,  or  corporation, 
no  statute  of  limitations  of  tiiis  state  shall  run  against  a  claim  which  in  its  nature  is 
provable  against  the  estate  of  the  debtor. 

Creditor  may  be  represented  by  attorney  or  agent. 

$  63.  Any  creditor,  at  any  stage  of  the  proceedings,  may  be  represented  by  his 
attorney  or  duly  authorized  agent. 

Exemptions.    Homestead. 

§  64.  It  shaU  be  the  duty  of  the  court  having  jurisdiction  of  the  proceedings  to 
exempt  and  set  apart,  for  the  use  and  benefit  of  said  insolvent,  such  real  and  personal 
property  as  is  by  law  exempt  from  execution;  ahd  also  a  homestead,  in  the  manner 
provided  in  section  one  thousand  four  hundred  and  sixty-five  of  the  Code  of  Civil 
Procedure.  But  no  property  or  homestead  shall  be  set  apart,  as  aforesaid,  until  it  is 
first  proved  that  notice  of  the  hearing  of  the  application  therefor  has  been  duly  given 
by  the  clerk,  by  causing  to  be  posted  in  at  least  three  public  places  in  the  county  at 
least  ten  days  prior  to  the  time  of  such  hearing,  setting  forth  the  name  of  said  insolvent 
debtor,  and  the  time  and  place  appointed  for  the  hearing  of  such  application,  which 
said  notice  shall  briefly  indicate  the  homestead  sought  to  be  exempted  or  the  property 
sought  to  be  set  aside;  and  the  decree  must  show  that  such  proof  was  made  to  the 
satisfaction  of  the  court,  and  shall  be  conclusive  evidence  of  that  fact. 

Commencement  of  proceedings,  what  deemed  to  be. 

§  65.  The  filing  of  a  petition  by  or  against  a  debtor  upon  which,  or  upon  an  amend- 
ment of  which,  an  order  of  adjudication  in  insolvency  may  be  made,  shall  be  deemed  to 
be  the  commencement  of  proceedings  in  insolvency  under  this  act. 

Words  defined. 

§  66.  Words  used  in  this  act  in  the  singular,  include  the  plural,  and  in  the  plural, 
the  singular,  and  the  word  "debtor"  includes  partnerships  and  corporations. 

Receiver,  appointment  of.    Account,  report,  compensation. 

^  67.  Upon  the  filing  of  either  a  voluntary  or  involuntary  petition  in  insolvency,  a 
receiver  may  be  appointed  by  the  court  in  which  the  proceeding  is  pending,  or  by  a 
judge  thereof,  at  any  time  before  the  election  of  an  assignee,  when  it  appears  by  the 
verified  petition  of  a  creditor  that  the  assets  of  the  insolvent,  or  a  considerable  portion 
thereof,  have  been  pledged,  mortgaged,  transferred,  assigned,  conveyed,  or  seized,  on 
legal  process,  in  contravention  or  violation  of  the  provisions  of  section  fifty-nine  of  this 
act,  and  that  it  is  necessary  to  commence  an  action  to  recover  the  same.  The  appoint- 
ment, oath,  undertaking  and  powers  of  such  receiver  shall  in  all  respects  be  regulated 
by  the  general  laws  of  the  state  applicable  to  receivers.  When  an  assignee  is  chosen, 
and  has  qualified,  the  receiver  shall  forthwith  return  to  court  an  account  of  the  assets 
and  property  which  have  come  into  his  possession,  and  of  his  disbursements,  and  a 
report  of  all  actions  or  proceedings  commenced  by  him  for  the  recovery  of  any  property 
belonging  to  the  estate,  and  the  court  shall  thereupon  summarily  hear  and  settle  the 
receiver's  account,  and  shall  allow  him  a  just  compensation  for  his  services,  including 
a  reasonable  attorney's  fee,  whereupon  the  receiver  shall  deliver  all  property,  assets, 
or  effects  remaining  in  his  hands,  to  the  assignee,  who  shall  be  substituted  for  the 
receiver  in  all  pending  actions  or  proceedings. 

Sections  of  Code  of  Civil  Procedure  relating  to  contempts  applicable. 

$  68.  All  sections  of  the  Code  of  Civil  Procedure  of  the  state  of  California  relating  to 
contempts  are  hereby  made  applicable  to  all  proceedings  under  this  act. 


Act  392,  8§  69-72  GENERAL,   LAWS.  116 

Attachment.     Costs  a  preferred  debt.    Award  of  costs. 

$  69.  When  an  attachment  has  been  made  and  is  not  dissolved  before  the  commence- 
ment of  proceedings  in  insolvency,  or  is  dissolved  by  an  undertaking  given  by  the 
defendant,  if  the  claim  upon  which  the  attachment  suit  was  commenced  is  proved 
against  the  estate  of  the  debtor,  the  plaintiff  may  prove  the  legal  costs  and  disburse- 
ments of  the  suit,  and  of  the  keeping  of  the  property,  and  if  the  levying  of  said  attach- 
ment and  the  putting  of  the  sheriff's  keeper  in  charge  has  had  the  effect  of  preserving 
intact  the  assets  of  said  insolvent,  and  the  general  creditors  have  been  benefited  thereby, 
the  amount  of  costs  allowed  shall  be  a  preferred  debt.  In  all  contested  matters  in 
insolvency  the  court  may,  in  its  discretion,  award  costs  to  either  party,  to  be  paid  by 
the  other,  or  to  either  or  both  parties,  to  be  paid  out  of  the  estate,  as  justice  and  equity 
may  require;  and  in  awarding  costg,  the  court  may  issue  execution  therefor.  In  all 
involuntary  cases  under  this  act,  the  court  shall  allow  the  petitioning  creditors  out  of 
the  estate  of  the  debtor,  if  any  adjudication  of  insolvency  be  made,  as  a  preferred 
claim,  all  legal  costs  and  disbursements  incurred  by  them  in  that  behalf.  fAmendment 
approved  March  25, 1911;  Stats.  1911,  p.  489.] 

Dismissal  of  petition  where  it  is  voluntary. 

$  70.  The  court  may,  upon  the  application  of  the  debtor,  if  it  be  a  voluntary  petition, 
or  of  the  petitioning  creditors,  if  a  creditor's  petition,  dismiss  the  petition  and  discon- 
tinue the  proceedings  at  any  time  before  the  appointment  of  an  assignee  upon  giving 
ten  days'  notice  to  the  creditors,  in  the  same  manner  that  notice  of  the  time  and  place 
of  an  election  of  an  assignee  is  given,  if  no  creditor  files  written  objections  to  such 
dismissal;  provided,  however,  that  by  consent  of  all  creditors  the  proceedings  may  be 
dismissed  at  any  time.  After  the  appointment  of  an  assignee,  no  dismissal  shall  be 
made  without  the  consent  of  all  parties  interested  in  or  affected  thereby. 

Appeals. 

$  71.     An  appeal  may  be  taken  to  the  supreme  court  in  the  following  cases : 

1.  From  an  oj'der  granting  or  refusing  an  adjudication  of  insolvency; 

2.  From  an  order  made  at  the  hearing  of  any  account  of  an  assignee,  allowing  or 
rejecting  a  creditor's  claim,  in  whole  or  in  part; 

3.  From  an  order  granting  or  overruling  a  motion  for  a  new  trial; 

4.  From  an  order  settling  an  account  of  an  assignee; 

5.  From  an  order  against  or  in  favor  of  setting  apart  homestead  or  other  property 
claimed  as  exempt  from  execution; 

6.  From  an  order  granting  or  refusing  a  discharge  to  the  debtor. 

The  notice,  undertaking,  and  procedure  on  appeal  shall  conform  to  the  general  laws 
of  this  state  regulating  appeals  in  civil  cases,  except  that  when  an  assignee  has  given 
an  official  undertaking  and  appeals  from  a  judgment  or  order  in  insolvency,  his  official 
undertaking  stands  in  the  place  of  an  undertaking  on  appeal,  and  the  sureties  therein 
are  liable  on  such  undertaking;  provided,  however,  that  an  appeal  from  an  order  grant- 
ing or  refusing  an  adjudication  of  insolvency  shall  not  stay  proceedings  unless  a  written 
undertaking  be  entered  into  on  the  part  of  the  appellant,  with  at  least  two  sureties,  in 
such  an  amount  as  the  court,  or  a  judge  thereof,  may  direct,  but  not  less  than  double  the 
value  of  the  property  involved,  to  the  effect  that  if  the  order  appealed  from  be  affirmed, 
or  the  appeal  dismissed,  appellant  will  pay  all  costs  and  damages  which  the  adverse 
parties  may  sustain  by  reason  of  the  appeal  and  the  stay  of  proceedings. 

Repeal  of  prior  act. 

$  72.  The  insolvent  act  of  eighteen  hundred  and  eighty,  and  all  amendments  thereto, 
are  hereby  repealed;  provided,  however,  that  such  repeal  shall  in  no  manner  invalidate 
or  affect  any  case  in  insolvency  instituted  and  pending  in  any  court  on  and  prior  to  the 
day  when  this  act  shall  take  effect. 


11" 


BAXKRUPTCV  AND  I.XSOLVEXCY. 


Act  3d:: 


I.     CONSTITUTIONALITY. 

1.  Act  of  1852. 

2.  Legislative      power   —    Concurrent 

jurisdiction. 

3.  Same — Notice  to  creditors  —  Order 

in  chambers. 

4.  Supplementary  act  of   1876. 

5.  Appeal    in    contempt    proceedings. 

6.  Impairing  obligations  of  contracts. 

7.  Extra-territorial   operation. 

8.  Power  of  congress  not  exclusive. 

II.   FEDERAL  BANKRUPTCY  ACT, 

9.  Federal  Bankruptcy  Act  of  1898. 

10.  Federal  act  supersedes  state  law. 

11.  Enactment  of  state  law  while  fed- 

eral law  was  in  force. 

12.  Suspension   of  state  law. 

13.  Enactment   of  federal  law. 

14.  Insolvent  act  of  1852. 

15.  Suspension  of  cases  pending. 

16.  Repeal   of   federal  law — Revival  of 

state  law. 

17.  Jurisdiction  of  U.  S.  courts  exclu- 

sive. 
17a.  Mining   corporations. 

III.  INSOLVENT  ACT. 

18,  19.     Construction. 

20.  Act  of  1852  not  a  bankrupt  act, 

21.  Surrender  of  property  by  preferred 

creditor. 
22-  24.     Partnerships. 

25.  Set-off. 

25a.  Gamblers  entitled  to  benefits. 

25b.  Insurance  corporations  —  Act  ap- 
plies to. 

25c.  Not  superseded  by  §  601,  Political 
Code. 

25d.  Saving  clause  of  Act  of  1880— Ef- 
fect of, 

rV.     PROCEEDINGS. 
a.    In  general. 
25c.  Special     proceedings  —  No     intend- 
ments. 

26.  Special  proceeding — Not  an  action. 

27.  Collection  of  debts — Provable  claim. 

28.  Special  case — under  Act  of  1852. 

29.  Regularity. 

30,  30a.  Collateral  attack. 

31.  Resident   creditors   only   may   insti- 

tute. 

32.  Dismissal. 

33.  Appearance  of  insolvent. 

34.  Strict  compliance  with  act  essential. 
34a.  Same — Question  of  law. 

35,35a.  Insolvency    proceeding    against    in- 
surance company. 

36.  Abatement   by   death    of   insolvent. 

b.    Jurisdiction  of  court. 

37.  Jurisdiction  of  supreme  court — Con- 

stitutional  amendments. 

38.  Prerequisites^District  court. 

39.  Petition    averment    of    creation    of 

debts  in  state  unnecessary. 

40.  When  first  step  shows  want  of  juris- 

diction. 

41.  Foreign  corporation. 

42.  How  jurisdiction  acquired. 

43.  Same — Insolvent   corporation. 


44.  .Jurisdiction   attaches. 

45.  Jurisdictional     facts  —  Proof     of 

losses. 

46.  Same — Residence. 

47.  Jurisdiction  to  appoint  assignee. 

48.  Jurisdiction  to  discharge  insolvent. 

49.  Jurisdiction — Question    of   law   for 

court,  not  of  fact  for  jury. 

50.  Subsequent  facts  not  conditions  of 

jurisdiction. 

51.  Jurisdiction  after  discharge. 

52.  Jurisdiction  not  lost  by  discharge. 

53.  Jurisdiction  is  one  quasi  in  rem. 

54.  Where  petition  does  not  show  fraud. 

55.  Custody  of  estate  when  federal  act 

becomes   affective   not   lost   when 
jurisdiction  previously  acquired. 

56.  Jurisdiction    in    equity    to    compel 

assignee  to  execute  trust. 

57.  Proceedings  are  not  stricti  juris, 

58.  Several  petitions  of  partners, 

59.  Debts  of  banker. 

59a.  Failure   to  file   bond   not  jurisdic- 
tional. 

c.  Parties. 

60.  No  parties  except  insolvent  at  filing 

of  petition. 

61.  Insolvent,  who  is. 
62-  66.     Insolvency  defined. 

67.  Excess  of  assets  over  liabilities. 

68.  Means  in  another  state. 

69.  Act  of  insolvency, 

70.  Partnership. 

71.  Insurance  companies. 

d.  Petition. 

72.  Commencement  of  proceedings. 

73.  Complaint — Petition  and  schedule. 

74.  How  addressed  and  entitled. 

75.  What    must    state  —  Discharge    of 

debts. 

76.  Same — Indebtedness    to   five    credi- 

tors. 

77.  Same — Same. 

78.  Same — Same  —  Creditors    described 

as  firms. 

79.  Same — Same — Same, 

80.  What  need  not  state — Six  months' 

residence, 

81.  Same — Same, 

82.  Same — Same. 

82a.  Place  of  business  of  corporation. 

83.  Residence — Sufiicient  statement, 

84.  Same — Same. 

85.  Same — Failure  to  state  six  months* 

residence. 

86.  Averment  of  creation  of  debts  in 

state. 

87.  Statement  of  name  of  each  creditor. 

88.  Failure  to  include  all  property.  • 

89.  Insufficiency  in   mode  of  statement 

— Collateral  attack. 

90.  Vagueness  of  statement — Collateral 

attack. 

91.  Statement  of  insolvency  of  debtor, 

necessary. 

92.  Specific  allegations  of  fraud. 

93.  Amended   petition — Four   creditors. 

94.  Allegation  of  partnership. 

95.  Negativing    fiduciary    character    of 

debts. 

96.  Partnership  petition — Sufficiency  of. 


\c»  3»3 


GENERAL.   LAWS, 


118 


97.  Application  in  joint  name  of  part- 

ners. 
97a.     Same — Surrender  of  joint  property 
only,   insufficient. 

98.  Insufficiency  not  obviated  by  proof. 

99.  Signature  of  insolvent  not  required. 
99a.  Failure   of  petitioners   to   sign   not 

ground  of  collateral  attack. 

100.  Signature  of  insolvent  not  required 

— May  be  signed  by  attorney. 

101.  Need  not  be  verified. 

102.  Creditors'  petition — Verification. 

103.  Verification  in  usual  form. 

104.  Amended   petition — Verification   by 

new  creditor. 

105.  Prayer  for  discharge  not  necessary. 

106.  Collateral  attack. 

e.    Schedule. 

107.  Schedule     and     petition     constitute 

complaint. 

108.  Schedule    consists    of    three    parts: 

Losses,  debts,  and  inventory. 

109.  Inventory  most  material  part. 

110.  Defective  statement  not  ground  of 

dismissal. 

111.  Failure  to  state  items  with  sufficient 

particularity. 

112.  Same — Creditor  not  prejudiced. 

113.  Statement  when  creditor  unknown. 

114.  Omission  of  dollar  mark. 

115.  Failure    to    allege    ignorance    when 

creditor  unknown. 

116.  Insufficiently  described  note. 

117.  Variance  in  description  of  debt. 

118.  Same. 

119.  Defective  description  of  promissory 

notes. 

120.  Intentional  omission  of  property. 

121.  Inaccurate    description    of    promis- 

sory note. 

122.  Meagreness  of  detail. 

123.  Errors  in  not  fatal  to  right  to  dis- 

charge. 

124.  Examination  of  insolvent  in  refer- 

ence to  schedule. 

125.  Omission    of    worthless    debts    not 

fraudulent. 

126.  Omission  of  property  from  verified 

schedule— Perjury. 

127.  Debts — Unliquidated  damages. 

128.  Same — Provable   debt. 

129.  Same — Purpose  of  schedule. 

129a.     Same  —   "False     and      fictitious 
debts. ' ' 

130.  Same — Partnership  property. 
130a.  Same — Contingent   debts. 

131.  Losses — Vague  and  indefinite  state- 

ment. 

131a.  Same — Estimate  not  honestly  made. 

131b.  Indebtedness     of     insurance     com- 
panies— Estimate  of. 

132.  Assets   not   losses   material   in  con- 

test of  discharge. 

133.  Losses — Amend  to  make  more  defi- 

nite. 

134.  Same — Schedule  fatally  defective. 
134a.  Same — Summary  of. 

135.  Same — Purpose  is  to  show  cause  of 

insolvency. 
135a.  Assets — Estate  in  expectancy. 

136.  Signature  of  insolvent. 


136a.  Same — Schedule    of    losses    only. 

137.  Verification  necessary. 

138.  Verification    by    involuntary    insol- 

vent not  required. 

139.  Verification   before   judge    not    be- 

fore notary. 

f.  Answer. 

140.  Verification. 

141.  Plea  to  charge  of  fraud. 

g.  Bond. 

142.  Covers  only  costs  and  damages. 

143.  Necessity  —  A    proceeding    without 

bond. 

144.  Failure  to  give. 

145.  Failure  to  file  not  jurisdictional. 

146.  Defect  in. 
147,  147a.  Sufficiency. 

148.  Same — Creditors    and    debtor    only 

interested. 

149.  Effect  of  objections  to. 

150.  Creditors  only  can  sue. 

151.  Wrongful  seizure  and  detention  of 

property   or   money  —  Assignee's 
sureties  not  liable. 

h.  Order  to  show  cause,  and  notice  to  creditors. 

152.  Publication — Sufficiency. 

153.  Order    to    show    cause — Served    by 

publication. 

154.  Same — Sufficient. 

155.  Same — Insufficient. 

156.  Notice  to  creditors — Order  to  pub- 

lish   and    order    for    meeting    of 
creditors. 

157.  Same — Not  process. 

158.  Same — No   provision   for   notice   to 

signers  of  creditors'  petition. 

159.  Same — Publication. 

160.  Same — Date  of  publication. 

161.  Same — Publication  sufficient. 

162.  Same — Same. 

163.  Same — Same. 

164.  Same — Newspaper     need      not     be 

designated. 

165.  Same — Service  by  mail. 

166.  Same — Service  by  mail  sufficient. 

167.  Same — Proof  of  publication. 

168.  Same — Same. 

169.  Same — Same — May  be  by  affidavit. 

170.  Same — Affidavit  of  publication. 

t.   Service  of  copy  of  petition  on  debtor. 

171.  Collateral  attack,  after  service. 

j.  Receiver. 

172.  Functions. 

173.  Authority  to  bring  suit. 

174.  Goods  of  third  party. 

175.  Not  liable  for  tort. 

176.  The  sheriff  a  mere  custodian. 

177.  Refusal  to  take  possession  of  goods 

offered  voluntarily. 

178.  Is    not    a    trespa.sser    in    accepting 

goods  voluntarily  surrendered. 

179.  Holds  possession  for  the  court. 

180.  Not  protected  when  he  takes  goods 

of  third  person. 

181.  No  right  to  seize  goods  of  insolvent 

in  hands  of  third  person. 

182.  Examination  of  insolvent. 

183.  Appointment  in  chambers. 


119 


nAMvRLrTCV    AND   INSOLVENCY. 


Aft  39: 


184. 
185. 

186. 

187-  196. 
197. 
198. 

199. 

200. 
201. 

202. 

203. 

204,  205. 

'  206. 

207. 
208. 
209. 
210. 
211,212. 
212a. 
213. 
214. 
215. 
216. 
217. 
217a, 
218. 
219. 
220. 


"k.    Assignee. 

Officer  of  court. 

Election — Who  may  vote — Unse- 
cured claim. 

Same — Majority  in  amount  of 
claims. 

Title  of. 

Same — Voluntary  assignment. 

Concealment  of  newly  discovered 
property. 

Conveyance  of  newly  discovered 
property  to  insolvent. 

Delivery  of  property  to  assignee. 

Discovery  of  property  after  dis- 
charge. 

Eight  of  recovery  —  Fraudulent 
transfer. 

Remedies  of. 

Recovery  of  personal  property. 

Right  to  set  aside  fraudulent  con- 
veyance. 

Action  for  conversion. 

Right  against  execution  levy. 

Petition  to  sell  insolvent  estate. 

Sale — Vested   devise. 

Sale  of  insolvent's  estate. 

Sale  may  be  set  aside. 

Petition  to  sell  estate  of  insolvent. 

Liability  of. 

Same — Mistake  in  bookkeeping. 

Same — Expenses. 

Itemized  account. 

Settlement    of   account. 

Commissions. 

Same — Disbursement   of   surplus. 

Power  to  carry  on  business. 


I.  Assignments.         * 

221.  Void  unless  made  under  act. 

222.  Construction. 

223.  Growing  crop  on  homestead. 

224.  Time  of  taking  effect. 

225.  Requirements,  under  the  act. 

226.  Same — Must  embrace  a  trust. 

227-  231.     Assignment     for     the     benefit     of 
creditors. 
231a.  Same — Mortgage. 

232.  Same — Purpose  of  39th  section  of 

insolvent  act  of  1852. 

233.  Same — Repeal  of  code  provisions. 

234.  Exempt  property  does  not  pass. 
234a.  Not   void   because    property    inven- 
toried too  high. 

TO.  Exemptions. 

235.  Objections  to. 

236.  Double  claim. 

237.  Farm  implements. 

238.  Partnership  property. 

n.  'Homestead. 

239.  Leased  property. 

240.  Set    aside    only    on    insolvent's    re- 

quest. 

241.  Encumbrances  not  considered  in  fix- 

ing value. 

242.  Created  by  recorded  declaration. 

243.  Hotel. 

244.  Under  Act  of  1880. 

245.  Opposition. 

1.     Attachment. 
0.  Property  covered  by  lien. 


246. 

247. 
248. 
249. 
250,  251. 
252. 
253. 


254. 


Appointment    of    receiver  —  Effect 

upon  lien. 
Levy  of,  within  one  month. 
Same. 

Costs  in  wrongful  attachment. 
Dissolution. 
Release  of  sureties. 
Same — Redelivery  levied. 

2.     Execution. 
Levy  within  one  month. 


254a.  Not  affected  by  adjudication. 

3.  Mechanics. 

255.  Not  provable  in  insolvency  proceed- 

ings. 

4.  Mortgage. 

256.  Foreclosure  suits  not  covered. 

257.  Mortgage  liens  not  affected  by  pro- 

ceedings. 

258.  Chattel   mortgage — Delayed   record. 

259.  Possession    of    mortgagee — Knowl- 

edge of  insolvency. 

260.  Holding  title  as  security   for  pur- 

chase-price. 

261.  Claim  secured  by  mortgage  on  ex- 

empt property. 

262.  Same — Right   to   dividends. 

263.  Order  staying  proceedings  does  not 

prevent  mortgage  foreclosure. 

p.  Fraudulent  transfers. 

264.  A  transfer  to  hinder,  delay,  and  de- 

fraud creditors  is  void. 

265.  Same. 

266.  Insolvent  act  deals  with  transfers  to 

creditors  only. 
267-  269.     Transfers  with  one  month. 

270.  Transfer  in   preference   to  creditor 

not  necessarily  fraudulent. 

271.  No  rule  of  law  to  prevent  an  insol- 

vent  debtor  from  giving  prefer- 
ence. 

272.  Same — Section  39  does  not  prohibit 

preferences. 

273.  Transferee's    knowledge    of    insol- 

vency. 

274.  Transfer  to  secure  future  payments 

— Good     faith     of     transferee — 
Ignorance  of  insolvency. 

275.  Transferee's  want  of  notice  of  sel- 

ler's fraud. 

276.  Creditors   knowledge    of   insolvency 

implied  when. 

277.  Same. 

278,  279.     Transfer  out  of  the  usual  course  of 

business. 
280,  281.     Same — Prima  facie  presumption. 

282.  Same — Transfer    on    Sunday    with 

knowledge  of  attachment. 

283.  Same — Bill  of  sale  of  entire  stock 

in  trade. 

284.  Same — Entire  stock  in  trade. 
285-  287.     Same — Books  of  account. 

288.  Same — Instruction      held      out      of 

place. 

289.  Action  by  assignee — Creditor  with- 

out knowledge  of  insolvency. 

289a.  Same — Transfer  eight  months  prior 
to  commencement  of  proceedings. 

289b.  Same — Unsuccessful  defense  —  At- 
torney 's  fee. 


Act  302 


GEIVS^RAL.   LAWS. 


290.  Question  of  intent  is  one  of   fact, 

not  of  law. 

291.  Motives  creditor  immaterial,  when. 

292.  Payment  of  debt  incurred  in  fidu- 

ciary capacity. 

293.  Sale  of  entire  stock  of  goods  with 

intent  to  give  preference. 

294.  Good  faith  of  transferee — Payment 

of  full  value. 

295.  Purchase    by    copartner    at    public 

auction. 

296.  Transfer  void  as  to  transferee  and 

subsequent  transferees. 

297.  Prima   facie  ease  rebutted. 

298.  Confession    of    judgment    in    favor 

of  creditor. 

299.  Prohibition    to    restrain    assignee's 

action. 

299a.  Transfer  to  hinder,  delay,  and  de- 
fraud creditors  involves  actual 
fraud. 

299b.     Act  construed  as  to  fraud. 

q.  Debts  in  fiduciary  capacity, 

300.  Dealer  in  mining  stocks. 

r.  Hearing  and  trial. 

301.  Time    set    for    hearing  —  Adjourn- 

ment of  court. 
301a.     Issue  of  fraud  should  be  tried  by 
a  jury. 

s.    Evidence. 

302.  Prima  facie  evidence  of  fraud  sub- 

ject to  rebuttal. 
303, 304.     Certified   copy   of   assignment   con- 
clusive. 

305.  Same — Legislative   power   to    make 

rule. 

306.  Fraudulent  understanding. 

307.  Conflict  as  to   fraudulent  transfer. 

308.  Prima  facie  evidence  of  fraudulent 

transfer. 

309.  Same — Suflicient  to  set  aside  trans- 

fer. 

310.  Same — Transfer  not  in  usual  course 

of  business. 

311.  Knowledge    of    insolvency — Admis- 

sions. 

312.  Affidavit  of  insolvent. 

313.  Proof     of     non-citizenship  —  non- 

residence. 
313a.  Account  books — Failure  to  present 

is  prima  facie  fraudulent. 
313b.  Certificate    of    discharge    is    prima 

facie    evidence    of   regularity    of 

proceedings. 
313c.  Same. 

t.  Instructions. 

314.  Fraud    in    execution    of    deed — In- 

struction erroneous, 

315.  Fraudulent       intent  —  Instruction 

erroneous. 

u.  Findings  and  concliisions. 

316.  Unnecessary. 

317.  Finding  of  indebtedness  sufficiently 

supported. 

V.  Adjudication  of  insolvency. 

318.  May    be    made    on    return    day    of 

order     to     show     cause,     without 
meeting  of  creditors. 


319.  When  made. 

320.  Order    is    interlocutory — Entry    in 

minutes. 

321.  Order  relates  back  to  date  petition 

was  filed. 

322.  Order  is  sufficient  proof,  when. 

323.  Sufficiency  of  order. 

323a.  Attorney's  fee  for  contesting. 

w.  Notice  of  adjudication. 

324.  Mailing   sufficient,    when. 

325.  Clerical  error  in  affidavit  of  mail- 

ing. 

326.  Clerical  error  in  publication. 

X.  Discharge. 

327.  Pending  appeal  from  order  setting 

apart  homestead. 

328.  Pending  election  of  assignee. 

329.  Objections  to  discharge. 

330.  Assignee  may  oppose  on  ground  of 

fraud  of  insolvent. 

331.  Creditor's  opposition. 

332.  Same — Eight  of  creditor  to  oppose. 

333.  Same — Same — Need    not    be    judg- 

ment creditor. 

334.  Same  —  Formal    answer    to    objeo 

tions. 

335.  Same — Waiver    of    formal   answers 

to  objections. 

336.  Same — IJnanswered    specifications. 
336a.  Same  —  Failure    to    answer  —  Dis- 
missal. 

337.  Same — Each  objection  requires  an 

answer  as  a  separate  defense. 

338.  Same — Objections   stricken   out. 
339-  344.     Same — Failure  to  keep  proper  ac- 
count books. 

345.  Same — Burden     of     proof     is     on 

creditors. 

346.  Same — Too  late,  when. 

347.  General  demurrer — Plea  amounting 

to. 
348,  348a.  Creation  of  fraudulent  debt  in  fidu- 
ciary capacity. 

349.  "Sworn     falsely"  —  Unintentional 

mistake. 
349a.  Same — Element  of  fraud  essential. 

350.  Benefit    of    act — Prior   illegal   pro- 

ceeding. 

351.  Former    adjudication — Ees    ad  judi- 

cata. 

352.  Ignorant  preference. 

353.  Fraud  in  procuring — Forfeiture  of 

benefits  of  act. 

354.  As   a    bar — Fraud    in   procuring. 

355.  Same  —  Future     liability  —  Hiring 

for  a  fixed  term. 

356.  Same — Debts  created  in  a  fiduciary 

capacity. 

357.  Same — No  defense,  when. 

358.  Same— Under  Act  of  1880. 

359.  Same — Promissory  note. 

360.  Same — Contract  of  hiring. 

361.  Effect — Debts    owing    at    time    of 

filing  petition. 

362.  Same — Release    of   mortgage. 

363.  Same  —  Judgment      not      satisfied, 

when. 

364.  Same — Judgment    rendered    in    an- 

other state. 

365.  Same — Under  void  proceedings. 


1 


BANKRLPTCY    AND    IXSOLA'EXCY. 


Act  302 


36G.     Same — Judgment  of  discharge  does 
not  extinguish  the  debt. 

367.  Same — Final  as  to  insolvent  juris- 

diction   to    administer    trust    re- 
mains. 

368.  Same — Discharge  of  partner  as  in- 

dividual. 

369.  Agreement  not  to  contest  discharge 

void. 

370.  Denial — Return  of  goods  to  sheriff. 

371.  Fraud  in  procuring,  may  be  pleaded 

by  the  sheriff,  when. 

372.  Collateral    attack    upon  —  Jurisdic- 

tion of  court  not  a  proper  sub- 
ject of  inquiry. 
373-  375.     Extra-territorial   operation  and  ef- 
fect. 

376.  Action  to  set  aside  for  fraud. 

377.  Same — Assignee. 

378.  Same — Creditor. 

379.  Same — Same. 

380.  Stay  of  proceedings  pending  peti- 

tion for  discharge. 
380a.  Right  to   set  aside  for  fraud,  not 
assignable. 

y.  Judgment. 

381.  In  rem,  as  to  status  of  debtor. 

382.  Collateral  attack  upon — Recital   of 

jurisdictional  facts. 

383.  Void  for  want  of  jurisdiction. 

384.  Docketing  not  required  to  preserve 

lien. 

z.  Contempt. 

385.  Failure  to  file  schedule — Failure  to 

obey  citation. 

386.  Holding    property    claimed    by    re- 

ceiver. 

387.  Refusal  to  surrender  property. 

aa.  Appeal  and  error. 

388.  Order  refusing  adjudication. 

389.  Order     requiring      verification      of 

schedule. 

390.  Time  of  appeal. 

391.  Jurisdiction   of   supreme   court. 

392.  Appealable  order — Res  adjudieata. 
893.     Appeal  by  creditor — Service  of  no- 
tice of  appeal. 

394.  Same — Not    estopped     by     making 

proof  of  claim. 

395.  Right  of  appeal  regulated  by  gen- 

eral law. 

396.  Bond   of   assignee   operates   as   un- 

dertaking on  appeal. 

397.  Order  denying  motion  to  dismiss. 

398.  Crudities  and  bad  grammar  in  peti- 

tion do  not  vitiate  it  on  appeal. 

399.  Appeal   by   creditor   stays   all    pro- 

ceedings under   order  of   adjudi- 
cation. 

400.  Appealable  order. 

401.  When  evidence  is  insufficient. 

402.  Appeal  in  contempt  proceedings. 

bb.  Attorney's  fee. 
'03.     Petition   for,   must   show   value   of 
estate. 

I.     CONSTITUTIONALITY. 
1.     The     insolvent     laiv     of     1852     is     not 

obnoxious  to  any  provision   of  the  constitu- 
lion.— Clarke   v.   Ray,   6   Cal.    600. 


2.  I^egrislative  povrer — Concurrent  juris- 
diction. —  In  the  exercise  of  a  legitimate 
power  the  legislature  was  authorized  to  give 
both  .the  district  and  county  courts  jurisdic- 
tion under  the  act  (1852),  and  these  courts 
hold  such  jurisdiction  concurrently. — Harper 
V.  Freelon,  6  Cal.  76. 

3.  Same — Order  in  chambers — Notice  to 
creditors. — The  legislature  was  empowered 
to  authorize  a  notice  to  creditors  to  be  issued 
under  an  order  made  in  chambers  by  the 
county  judge. — Flint  v.  Wilson,  36  Cal.   24. 

4.  The  supplementary  act  of  March  31. 
1876,  is  constitutional. — Baum  v.  Raphael,  57 
Cal.   361. 

5.  Appeal  In  contempt  proceedings. — Pro- 
vision of  section  64  of  insolvent  act  allow- 
ing such  appeals  unconstitutional. — Ex  parte 
Clancy,  90  Cal.  553,  27  Pac.  411. 

e.  Impairing  obligation  of  contracts. — 
The  act  of  1880  is  not  unconstitutional,  and 
a  discharge  may  be  granted  under  it  for  a 
debt  contracted  in  1878. — Porter  v.  Innis,  79 
Cal.  183,  21  Pac.  729. 

See,  also,  Pomeroy  v.  Gregory,  66  Cal.  574. 
6   Pac.    493. 

7.  Extra-territorial  operation, — The  state 
Is  denied  the  power  to  pass  an  insolvent 
law  to  discharge  the  obligation  of  contracts 
made  elsewhere,  by  section  10,  article  I,  of 
the  federal  constitution. — Lowenberg  v.  Le- 
vine,  93  Cal.  215,  16  L.  R.  A.  159,  28  Pac.  941. 

8.  Power  of  congress  not  exclusive. — The 
provisions  of  section  8  of  article  I  of  the 
federal  constitution  does  not  grant  exclusive 
power  to  enact  uniform  bankrupt  laws. — 
Martin  v.  Berry,  37  Cal.  208. 

II.      FEDERAL    BANKRUPTCY    ACT, 

9.  Federal  bankruptcy  act  passed  by 
Congress  in  pursuance  of  constitutional  au- 
thority July  1,  1898,  suspends  the  state  Act 
of  Insolvency  while  the  federal  act  is  in 
force.  Mr.  Justice  Speer  says.  In  re  Macon 
Sash,  etc.,  Co.,  112  Fed.  323,  the  proposition 
that  the  federal  bankruptcy  law  suspends 
state  bankruptcy  act  is  as  clear  upon  au- 
thority as  it  must  inevitably  be  by  the 
logic  of  the  supremacy  of  the  national  law. 
Among  the  numerous  authorities  sustaining 
this  point,  see  Barber  v.  Mexico  Interna- 
tional Co.,  73  Conn.  587,  48  Atl.  758;  Har- 
baugh  V.  Costello,  184  111,  110,  116,  75  Am. 
St.  Rep.  147,  56  N.  E.  363;  Fisk  v.  Montgom- 
ery, 21  La.  Ann.  446;  Van  Nostrand  v.  Carr. 
30  Md.  128;  Parmenter  Mfg.  Co.  v.  Hamilton, 
172  Mass.  178,  70  Am.  St.  Rep.  258,  51  N.  E. 
529;  Foley-Bean  Lumber  Co.  v.  Sawyer,  76 
Minn.  118,  78  N.  W.  1038;  Armour  Packing 
Co.  V,  Brown,  76  Minn.  465,  79  N.  W.  522; 
Rowe  V.  Page,  54  N.  H.  190;  Roese  v.  Locke, 
53  How.  Pr.  (N.  Y.)  148;  Commonwealth  v. 
O'Hara,  6  Phila.  (Pa.)  402,  24  Leg.  Int.  284, 
3  Pittsb.  70;  Matter  of  Reynolds,  8  R.  I. 
485,  5  Am.  Rep.  615;  Mauran  v.  Crown  Car- 
pet Lining  Co.,  23  R.  I.  324,  50  Atl.  331- 
In  re  Gutwillig.  90  Fed.  475;  In  re  Bruss. 
Ritter  Co.,  90  Fed.  651;  In  re  Rouse,  etc., 
Co.,  91  Fed.  96,  99,  33  C.  C.  A.  356;  In  re 
Sievers,  91  Fed.  366,  affirmed  sub  nom.  Davis 
V.  Eohle,  92  Fed.  325,  329,  34  C.  C.  A.  372: 
In    re    Curtis,    91    Fed.    737,    affirmed    94    Fed. 


Act  3»2 


GENERAL   LAWS, 


122 


630,  36  C.  C.  A.  430;  In  re  Smith,  92  Fed.  135; 
In  re  Etheridge  Furniture  Co.,  92  Fed.  329; 
In  re  Ogles,  93  Fed.  426;  In  re  Richard,  94 
Fed.  633;  In  re  Macon  Sash,  etc.,  Co.,  112 
Fed.  323;  Carling  v.  Seymour  Lumber  Co., 
113  Fed.  483,  51  C.  C.  A.  1;  In  re  Storck  Lum- 
ber Co.,  114  Fed.  360;  In  re  Rogers,  116  Fed. 
435,  437;  Ex  parte  Fames,  2  Story  C.  C.  322, 
8  Fed.  Cas.  236,  5  Law  Rep.  117,  1  N.  Y.  Leg. 
Obs.  212;  In  re  Reynolds,  9  N.  B.  R.  50,  20 
Fed.  Cas.  612.  See  16  Am.  &  Eng.  Encyc. 
of  L.   (2d  ed.)   642,  5  Cyc.   240. 

10.  Federal  bankruptcy  act  supersedes  the 
state  lair  except  as  to  matters  expressly  or 
impliedly  excepted  from  its  operation. — R.  H. 
Herron  Co.  v.  Superior  Court,  136  Cal.  279, 
89   Am.   St.   Rep.   124,   68   Pac.   814. 

11.  Enactment  of  state  la-w  while  federal 
law  was  in  force. — It  was  competent  for  the 
legislature  to  pass  the  bankruptcy  act  while 
a  federal  bankruptcy  act  was  in  force,  but 
its  operation  was  superseded. — Lewis  v. 
County  Clerk,  55  Cal.  604;  Seattle,  etc.,  Co. 
V.  Thomas,  57  Cal.  197. 

12.  Suspension  of  state  law. — The  state 
law  was  suspended  while  the  federal  law 
was  in  force,  but  was  revived  when  the  lat- 
ter was  repealed,  and  its  provision  applied 
as  well  to  indebtedness  contracted  before 
as  after  the  repeal  of  the  federal  act. — 
Boedefield  v.   Reed,   55  Cal.   299. 

13.  Enactment  of  feder:il  bankruptcy  act. 
— When  congress  enacts  uniform  bank- 
ruptcy law  under  the  power  conferred  by 
section  8,  article  I,  of  the  federal  constitu- 
tion, state  laws  on  the  subject,  which  con- 
flict therewith,  are  suspended. — Martin  v. 
Berry,    37   Cal.    208. 

14.  The  insolvent  act  of  1852  conflicts 
with  the  federal  bankrupt  law,  and  its 
operations  are  suspended  from  the  time  the 
latter  law  went  into  effect. — Martin  v.  Berry, 
37   Cal.    208. 

15.  Suspension  of  cases  pending — Enact- 
ment of  federal  law  does  not  suspend  pend- 
ing case  under  state  law. — Martin  v.  Berry, 
37   Cal.    208. 

16.  Repeal  of  federal  law  —  Revival  of 
state  law. — On  repeal  of  federal  act  state 
law  became  operative  and  applied  to  debts 
contracted  during  its  suspension. — Smith  v. 
Creditors,  59  Cal.  267,  citing  Boedefleld  v. 
Reed,  55  Cal.  299;  Lewis  v.  County  Court, 
S  Pac.  Coast  Law  J.  326;  Seattle  Coal  &  T. 
Co.   V.  Thomas,   7  Id.   199. 

17.  Jurisdiction  of  United  States  courts 
exclusive. — Insolvent  who  has  been  refused 
a  discharge  by  the  United  States  courts  can 
not  thereafter  obtain  a  discharge  under  the 
state  law,  for  the  same  debts. — In  re  Smith, 
68  Cal.   203,   8  Pac.   881. 

IIL  INSOLVENT  ACT. 
17a,  Mining  corpora tion.s — Federal  bank- 
ruptcy act  of  1898  does  not  apply  to  mining 
corporations  organized  under  the  laws  of  the 
state,  for  the  exclusive  purpose  of  engaging 
in  the  mining  business  in  the  state,  and  the 
provisions  of  the  state  insolvency  law  are 
not  superseded  as  to  them. — R.  H.  Herron 
Co.  v.  Superior  Court,  136  Cal.  279,  89  Am. 
St,   Rep.    124,    68  Pac.    814. 


18.  The  insolvent  act  must  be  construed 
so  as  to  restrict  the  provisions  of  section  53 
to  the  release  of  obligations  incurred  in 
California. — Lowenberg  v.  Levine,  93  Cal. 
215,   16  L.  R.  A.  159,   28  Pac.   941. 

19.  The  act  should  be  liberally  construed 
to  effectuate  its  object  and  promote  justice, 
regarded  as  an  act  designed  to  prottect 
creditors  of  an  insolvent. — Beamer  v.  Free- 
man, 84  Cal.   554,   24  Pac.  169. 

20.  Act  of  1852  not  bankrupt  act — The 
statute  (1852)  is  not,  strictly  speaking,  a 
bankrupt  act  or  an  insolvent  act,  but  may 
be  treated  as  such. — Cohen  v.  Barrett,  5  Cal. 
195. 

21.  Surrender  of  possession  of  property 
by  preferred  creditor. — Section  50  of  the  in- 
solvent law  of  1895,  has  nothing  to  do  with 
pleadings  or  defenses  in  an  action,  but  re- 
lates solely  to  surrender  of  property  by 
preferred  creditor. — Perkins  v.  Maier  &  Zo- 
belein  Brewery,  134  Cal.  372,  66  Pac.  482. 

22.  Partnership. — The  insolvent  act  does 
not  apply  to  partnerships. — In  re  Baker  £s 
Hamilton,   55  Cal.  302. 

23.  Partnership. — The  insolvent  act  makes 
no  provision  for  a  petition  by  a  partner- 
ship, and  the  creditors  are  not  Uffected  by 
the  partnership  proceedings  to  pursue  the 
property  of  an  individual  partner. — Califor- 
nia Furniture  Co.  v.   Halsey,    54  Cal.   315. 

24.  Same  —  Partners. — The  provisions  of 
section  39  refer  to  the  relative  disposition 
of  partnership  assets,  and  has  no  applica- 
tion to  the  case  of  the  insolvency  of  an  in- 
dividual partner. — In  re  Straut,  125  Cal.  415, 
58  Pac.  62. 

25.  Set-olf. — Under  sections  21  and  43  of 
the  insolvent  act  a  debtor  of  the  insolvent 
may  set  off  against  his  debt  a  claim  against 
the  insolvent  purchased  prior  to  the  adjudi- 
cation, with  full  knowledge  of  the  insol- 
vency.— Conroy  v.  Dunlap,  104  Cal.  133,  37 
Pac.  887. 

25a.  Gamblers  entitled  to  benefits  of  act. 
— Gamblers  are  entitled  to  the  benefit  of  the 
insolvent  law,  and  are  not  on  that  account 
debarred  from  such  benefits. — Grow  v.  Cred- 
itors, 31  Cal.  328. 

25b.  Insurance  corporations— Act  applies 
to. — The  insolvent  act  applies  to  Insurance 
corporations. — State,  etc.,  Co.  v.  San  Fran- 
cisco, 101  Cal.  135,  35  Pac.  549. 

25c.  Not  superseded  by  section  601,  Polit- 
ical Code. — The  insolvent  act  has  not  been 
superseded  by  section  601  of  the  Political 
Code,  as  to  insurance  corporations. — State, 
etc.,  Co.  v.  San  Francisco,  101  Cal.  135,  35 
Pac.   549. 

25d.  Saving  clause  of  act  of  1880 — Effect. 
— Effect  of  saving  clause  in  act  of  1880  was 
not  intended  to  keep  alive  the  mode  of  pro- 
cedure in  the  act  of  1852,  where  it  conflicteJ 
with  that  provided  by  the  new  act. — Strue- 
ven  V.  Creditors,  62  Cal.   45. 

IV.      PROCEEDINGS, 
a.    In  general. 
25e.     Special      proceedings  —  No      Intend- 
ments.— Proceedings    in   insolvency   are   spe- 
cial proceedings,  and  no  intendments  can  be 


I 


i:;3 


BANKRUPTCY    AND    INSOLVENCY. 


Act  392 


made  in  favor  of  the  jurisdiction. — McDon- 
ald V.  Katz,  31  Cal.  167. 

26.  Special    proceeding — Not    an    action. — 

A  proceeding  in  insolvency  is  not  an  action 
witiiin  the  meaning  of  §§  2466  and  2468, 
Civil  Code,  but  is  a  special  proceeding  un- 
der §  28  of  that  code,  and  partnership  firms 
may  sign  the  petition  without  filing  a  cer- 
tificate with  the  clerk. — In  re  Dennery,  89 
Cal.   101,   26   Pac.    639. 

27.  Collection  of  debts  —  Provable  claim. 
— A  proceeding  in  insolvency  is  not  for  the 
collection  of  debts  merely,  but  is  for  the 
benefit  of  all  the  creditors,  and  it  is  only 
necessary  to  show  that  the  creditor  has  a 
provable  debt  for  the  requisite  amount. — 
In  re  Dennery,  89  Cal.   101,   26  Pac.   639. 

28.  Special  case  under  act  of  1852.  The 
proceeding  is  in  the  nature  of  a  special  case 
within  the  meaning  of  the  constitution. — 
Harper  v.  Freelon,   6  Cal.  76. 

29.  Regnlarity.  —  Substantial  compliance 
with  requirements  of  act  must  be  shown. — 
Hastings  v.  Cunningham,   39  Cal.  137. 

30.  Collateral  attack. — An  action  to  quiet 
title  to  lands  sold  by  the  assignee  is  a  col- 
lateral attack  upon  the  insolvency  proceed- 
ings.— Newlove  v.  Mercantile  Trust  Co.,  156 
Cal.   657,   105  Pac.  971. 

30a.  Same — Defect  In  bond  of  assignee. — 
Proceedings  in  involuntary  insolvency  can 
not  be  attacked  collaterally  on  the  ground 
that  the  assignee's  bond,  filed  and  approved 
by  the  court,  is  for  a  less  amount  than  that 
required  by  the  order  of  appointment. — 
Luhrs  V.  Kelly,  67  Cal.  289,  7  Pac.  696. 

31.  Institution  of  proceedings — Only  cred- 
itors resident  of  California  may  institute 
proceedings  under  the  insolvent  act  (1880, 
§  8). — In   re  Baum,   68  Cal.   238,   9   Pac.   90. 

32.  Dismissal. — A  proceeding  against  a 
debtor  may  be  dismissed  on  his  motion,  for 
unreasonable  delays  in  prosecution;  but  it 
may  thereafter  be  commenced  anew. — Kor- 
nahrens  v.  Creditors,  64  Cal.  492,  3  Pac.  126. 

3.1  Appearance  of  insolvent  to  move  to 
strike  out  amended  petition  adding  names 
of  new  creditors  on  grounds  other  than  of 
want  of  jurisdiction  of  his  person,  is  a  gen- 
eral appearance,  notwithstanding  an  express 
statement  to  the  contrary  and  express  res- 
ervation of  his  right  to  regular  process. — In 
re  Clarke.  125  Cal.  388,  58  Pac.   22. 

34.  Strict  compliance  ■CT'itli  act  essential. 
— One  who  claims  the  benefit  of  the  insol- 
vent's act  must  comply  strictly  with  its  pro- 
visions.— McAllister  v.  Strode,  7  Cal.  428; 
Judson  V.  Atwill,   9  Cal.  479. 

34a.  Same  —  Question  of  laiv. — Whether 
one  who  seeks  the  benefits  of  the  insolvent 
act  has  strictly  complied  with  the  provisions 
of  the  act  is  a  question  of  law,  not  of  fact 
for  the  jury. — Schloss  v.  Creditors,  31  Cal. 
201. 

35.  Insolvency  proceedings  against  insur- 
ance companies. — See  Kerr's  Cyc.  Political 
Code,  S  604a. 

35a.  Insolvent  insurance  companies  must 
be  reported  to  the  attorney  general. — See 
Kerr's  Cyc.  Political  Code,   §  604. 

im.     ALutenieut    of    proceedings— Death    of 


Insolvent  before  return  day  of  order  to 
show  cause  abates  proceedings. — Vermont 
Marble  Co.  v.  Superior  Court,  99  Cal.  579,  34 
Pac.   326. 

b.  Jurisdiction  of  court. 

37.  Jurisdiction  of  supreme  court — Con- 
stitutional amendments. — In  error,  has  not 
been  withdrawn  by  the  constitutional 
amendments,  nor  has  the  jurisdiction  on  ap- 
peal been  taken  away  by  the  repeal  of  sec- 
tion 336  of  the  practice  act. — People  ex  rel. 
Storgis  V.  County  Court,  28  Cal.  115. 

38.  Prerequisites — Tlie  district  court,  act- 
ing as  a  court  of  limited  or  inferior  jurisdic- 
tion in  the  matter,  must  first  ascertain  that 
the  person,  subject  matter,  and  relief  sought, 
are  within  the  statute,  before  its  jurisdiction 
will  attach. — Cohen  v.  Barrett,  5  Cal.  195, 
211;  Meyer  v.   Kohlman,   8   Cal.   44. 

39.  Jurisdiction  of  court — Petition. — Aver- 
ment that  debts  were  created  in  this  state 
unnecessary,  and  the  court  does  not  owe  its 
jurisdiction  to  such  fact. — Sharp  v.  Credi- 
tors, 10  Cal.  418. 

40.  When  the  first  step  in  the  proceed- 
ings shows  the  party  to  be  beyond  the  pale 
of  the  act,  and  the  subject  matter  beyond 
the  jurisdiction  of  the  court,  the  court  is 
without  jurisdiction  for  any  purpose. — Cohen 
V.  Barrett,  5  Cal.  195,  211. 

41.  Foreign  corporation. — Under  the  pro- 
visions of  sections  8  and  21,  act  of  1880, 
California  courts  have  jurisdiction  of  pro- 
ceedings in  involuntary  insolvency  against 
a  foreign  corporation  having  property  and  a 
place  of  business  in  the  state. — In  re  Castle 
Dome,  etc.,  Co.,  3  Cal.  Unrep.   1,   18  Pac.   794. 

42.  How  jurisdiction  acquire«l. — Jurisdic- 
tion of  the  subject  matter  and  the  parties 
are  acquired  through  the  filing  of  the  peti- 
tion containing  a  statement  of  the  facts  pre- 
scribed by  sections  2  and  3,  and  the  sched- 
ules, duly  verified,  and  by  making  the  proper 
orders  and  giving  the  proper  notice. — Lange- 
nour  V.  French,  34  Cal.  92. 

43.  Same  ^  Insolvent  corporation. — Supe- 
rior court  acquires  jurisdiction  of  the  es- 
tate of  an  insolvent  corporation  by  the  filing 
of  a  creditor's  petition,  setting  forth  the 
fact  of  insolvency  and  praying  an  adjudica- 
tion.— State,  etc.,  Co.  v.  San  Francisco,  101 
Cal.   135,   35  Pac.   549. 

44.  Jurisdiction  attaches  upon  the  filing 
of  the  petition,  properly  signed  and  verified, 
and  a  service  of  a  copy  thereof  with  a  copy 
of  the  order  to  show  cause,  on  the  debtor. 
—Luhrs  v.  Kelly,  67  Cal.  289,  7  Pac.  696. 

4.5.  Jurisdictional  facts — Proof  of  losses. 
— The  requirement  as  to  proof  of  losses  sus- 
tained by  the  insolvent,  as  required  by  sec- 
tion 36  of  tlie  act  (1852),  is  not  jurisdic- 
tional.— Langenour  v.   French,   34  Cal.   92. 

46.  Same — Residence — Jurisdictional  fact 
of  residence  of  six  months  is  shown  by  an 
averment  that  the  petitioner  "is,  and  for 
ten  years  last  past  has  been  a  citizen  of 
Placer  County,  State  of  California." — Lange- 
nour V.   French,  34  Cal.  92. 

47.  Jurisdiction  to  appoint  assignee  is 
acquired  by  service  upon  debtor  of  credi- 
tor's   petition    and    order    of    court    to    show 


Act  392 


GENERAL   LAWS. 


124 


cause. — Ohleyer  v.  Bunce,  2  Cal.  Unrep.  252, 
3   Pac.   105. 

48.  Jurisdiction  to  discliarge  insolvent   is 

acquired  only  by  publication  of  notice  to 
creditors,  but  the  jurisdiction  to  make  the 
orders  which  precede  such  notice  attaches 
on  the  fllingr  of  the  petition  and  schedule. — 
Cerf  V.  Oaks,    59   Cal.   132. 

49.  Jurisdiction  —  Question  of  la^v  for 
court,  not  of  fact  for  jury. — The  question 
whether  jurisdiction  was  obtained  by  the 
court  by  insolvency  proceedings  was  for 
the  court  and  not  the  jury. — Dean  v.  Grimes, 
72   Cal.   442,   14  Pac.   178. 

50.  Subsequent  facts  not  conditions  of 
jurisdiction. — Having  acquired  jurisdiction 
throug-h  the  filing  of  the  petition,  or  the 
filing  and  giving  of  notice  to  creditors,  the 
subsequent  acts  of  th^  court  are  not  condi- 
tions of  such  jurisdiction. — Brewster  v.  Lude- 
kins,  19  Cal.  192. 

51.  Jurisdiction  after  discharge.  —  The 
court  not  having  lost  its  jurisdiction  of  the 
subject  matter  as  to  newly  discovered  prop- 
erty after  the  discharge,  its  jurisdiction  of 
the  assignee,  if  lost,  may  be  restored  by  his 
consent. — Rued  v.  Cooper,  109  Cal.  682,  34 
Pac.  98. 

52.  Jurisdiction  not  lost  by  discharge. — 
Discharge  and  settlement  of  accounts  is  not 
such  a  final  judgment  or  order  as  to  affect 
the  jurisdiction  of  the  court. — Rued  v.  Cooper, 
109  Cal.   682,  34  Pac.  98. 

53.  Jurisdiction  is  one  quasi  In  rem. — 
Proceeding  in  insolvency  is  one  quasi  in 
rem,  and  the  property  of  the  insolvent 
passes  on  the  adjudication  under  the  control 
of  the  court,  and  the  jurisdiction  of  the 
court  is  not  lost  by  the  court  where  there  is 
any  property,  or  right  of  action  remaining 
unadministered. — Rued  v.  Cooper,  109  Cal. 
682,  34  Pac.  98. 

54.  Wliere  petition  does  not  sliow  fraud. 
— Where  the  insolvent  is  guilty  of  fraud 
the  act  denies  its  benefits  to  him;  but  if  the 
petition  does  not  show  fraud  on  Its  face, 
the  court  has  jurisdiction  to  proceed  and 
distribute  the  fund,  even  though  the  Insol- 
vent debtor  should  have  been  guilty  of 
fraud  and  not  entitled  to  his  discharge. — 
Cohen  v.  Barrett,  5  Cal.  195. 

55.  Jurisdiction  of  custody  of  estate  when 
federal  act  becomes  effective  not  lost  when 
previously  acquired. — Custody  of  estate  of 
insolvent  is  acquired  from  the  order  under 
section  9,  staying  further  judicial  proceed- 
ings against  it,  and  at  that  time  court  ac- 
quires jurisdiction  to  conduct  the  proceed- 
ings to  a  conclusion  without  being  affected 
by  the  federal  law. — Martin  v.  Berry,  37 
Cal.   208. 

56.  Jurisdiction  of  equity  to  compel  as- 
signee to  execute  his  trust. — The  court  in 
equity  has  jurisdiction  to  compel  the  as- 
signee to  execute  his  trust,  and  the  credi- 
tor's remedy  under  the  act  is  not  exclusive. 
— Sanderson  v.  Mcintosh,  65  Cal.  36,  2  Pac. 
728. 

57.  Proceedings  are  not  .s' -icfl  Juris  in 
law  or  equity,  and  jurisdiction  is  vested 
in    the    district   courts    independent   of    their 


general  jurisdiction,  as  of  a  new  remedy 
created  by  statute. — Cohen  v.  Barrett,  5  Cal. 
195. 

58.  Several  petitions  of  partners. — The 
insolvency  court  acquires  no  jurisdiction 
over  the  partnership  property  through  th» 
several  petitions  of  the  individual  partners, 
and  the  discharge  of  the  latter  can  not  op- 
erate in  favor  of  the  partnership. — Glenn  v. 
Arnold,  56  Cal.  631;  Freeman  v.  Campbell, 
56  Cal.   639. 

59.  Debts  of  banker. — Where  the  petition 
shows  on  its  face  that  the  indebtedness  as 
to  which  the  petitioner  is  seeking  a  dis- 
charge was  incurred  in  the  business  of  bank- 
ing, the  court  has  no  jurisdiction  of  the 
proceedings. — Cohen  v.  Barrett,  5  Cal.  195, 
210. 

59a.  Failure  to  file  bond,  not  jurisdic- 
tional.— Creditors  v.  Consumer's  Lumber  Co., 
98  Cal.  318,  33  Pac.  196. 

c.   Parties. 

60.  No  parties  except  insolvent  at  filing 
of  petition. — There  are  no  parties  except 
the  petitioner,  at  the  time  of  an  adjudica- 
tion in  insolvency,  nor  until  after  one  or 
more  creditors  shall  have  made  and  filed 
proofs  of  claims,  and  such  an  adjudication 
and  an  order  fixing  the  day  for  the  election 
of  an  assignee  did  not  violate  section  170  of 
the  Code  of  Civil  Procedure,  because  of  the 
election  as  assignee  of  the  judge's  son-in- 
law. — Chinette  v.  Conklin,  105  Cal.  465,  38 
Pac.   1107. 

61.  Insolvent,  who  is. — The  Insolvent  act 
is  for  the  relief  of  insolvents,  and  one  whose 
assets  are  40  per  cent  above  his  liabilities 
is  not  an  insolvent. — Hunt  v.  Creditors,  9 
Cal.  45. 

62.  Insolvency  defined. — One  who  is  un- 
able to  pay  his  debts  with  his  own  means 
is  an  insolvent. — Washburn  v.  Huntington. 
78  Cal.  573,  21  Pac.  305. 

03.  Same.  —  A  debtor  Is  not  insolvent, 
within  the  meaning  of  the  act,  if  he  has 
sufficient  means  or  resources  of  any  kind  to 
enable  him  to  pay  all  his  debts  as  they  be- 
come due  In  the  ordinary  course  of  busi- 
ness, though  he  may  not  have  sufficient 
money  to  meet  them  or  to  pay  a  particular 
debt  when  due. — Sacry  v.  Lobree,  84  Cal.  41, 
23   Pac.    1088. 

64.  Same. — One  who  Is  not  in  a  condition 
to  meet  his  engagements,  or  to  pay  his  debts 
in  the  usual  and  ordinary  course  of  busi- 
ness; but  he  is  not  insolvent  merely  because 
his  assets,  at  a  given  date,  may  not  satisfy 
all  the  demands  against  him  due  ajid  to  be- 
come dtie. — Bell  v.  Ellis,  33  Cal.  620. 

65.  Same. — One  is  insolvent  though  he 
controls  property  out  of  which  he  may  vol- 
untarily pay  his  debts,  if  such  property  is 
beyond  the  process  of  the  law. — Adams  v, 
Prather,    176   Cal.    33,    167   Pac.    534. 

66.  Same. — A  debtor  is  insolvent  when  he 
is  unable  to  pay  his  debts,  out  of  hts  own 
means,  as  they  become  due. — In  re  Ramaz- 
zina,   110  Cal.  488,   42  Pac.  980. 

67.  Kxcess  of  assets  over  liabilities  i^ 
not  inconsistent  with  insolvency.  —  In  re 
Chope,  112  Cal.   630,  44  Pac.   1060. 


125 


BANKRUPTCY    AND    IIVSOLVENCY. 


Act  392 


68.  Means  in  another  state. — A  debtor  is 
insolvent  when  he  is  unable  to  pay  his 
debts  from  his  own  means,  when  due,  but 
it  is  not  essential  that  liis  means  should  be 
in  this  state. — Cook  v.  Cockins,  117  Cal.  140, 
4S  Pac.   1025. 

69.  Act  of  insolvency. — A  creditor's  peti- 
tion which  alleges  that  the  Insolvent,  in 
contemplation  of  insolvency,  sold  and  con- 
veyed a  stock  of  merchandise,  described  in 
the  petition,  sufficiently  states  an  act  of 
Insolvency. — In  re  Patton,  110  Cal.  33,  42 
Pac.  459. 

70.  Partnership. — The  fact  that  the  as- 
sets exceed  the  liabilities  of  a  partnership 
does  not  necessarily  prove  solvency,  when 
the  petition  discloses  the  hopeless  insol- 
vency of  the  partners. — In  re  Ramazzina, 
110  Cal.   488,   42  Pac.   980. 

71.  Insolvency  of  insurance  companies. 
What  constitutes. — See  Kerr's  Cyc.  Political 
Code,  §  602. 

d.  Petition. 

72.  Commencement  of  proceedings  within 
the  statute  is  the  filing  a  petition  sufficient 
to  support  an  adjudication  of  insolvency. — 
La  Point  v.  Boulware,  104  Cal.  264,  37  Pao. 
927. 

7.3.  Complaint. — Petition  and  schedule  con- 
stitute the  complaint. — Wilson  v.  Creditors, 
32  Cal.   406. 

74.  Hot*-  addressed  and  entitled. — Petition 
may  be  addressed  to  court  or  judge,  and 
may  be  entitled  as  being  in  the  matter  of 
the  insolvent  to  be  discharged  of  his  debts, 
though  not  necessarily  so.  It  should  be 
brief  and  refer  to  the  schedule. — "Wilson  v. 
Creditors,   32  Cal.  406. 

75.  ^Vhat  must  state — Discliarge  of  debts. 
— Petition  must  so  state  if  insolvent  seeks 
discharge  for  debts  not  described  or  imper- 
fectly stated. — Wilson  v.  Creditors,  32  Cal. 
406. 

76.  Same— Indebtedness  to  Ave  creditors. 
— Facts  showing  indebtedness  to  at  least 
five  creditors  should  be  alleged  with  the 
certainty  and  fullness  as  is  required  in  a 
complaint  for  debt. — In  re  Russell,  70  Cal. 
132.   11  Pac.   622. 

77.  Same  —  Same. — Petition  must  show 
that  they  are  at  least  five  in  number,  and 
1'iat  they  are  creditors  of  the  insolvent  to 
the  extent  of  five  hundred  dollars,  and  fail- 
ure to  do  so  is  fatal  to  their  petition;  and 
the  petition  can  not  be  amended  by  bringing 
in  new  creditors.  —  Anderson  v.  Superior 
Court,   122  Cal.   216,   54  Pac.   829. 

78.  Same — Same — Creditors  described  as 
flrnis. — Tlie  petition  is  sufficient  under  sec- 
tion 8,  if  it  describes  the  creditors  as  firms 
or  copartnerships,  although  it  does  not  give 
the  names  of  the  partners. — In  re  Russell, 
70  Cal.  132,  11  Pac.  622. 

70,  Same — Same — Same. — Petition  of  cred- 
itor firms  is  sufficient  if  it  states  the  name 
of  the  firms,  without  the  names  of  their 
members. — In  re  Russell,  70  Cal.  132,  11  Pac. 
622;  In  re  Dennery,  89  Cal.  101,  26  Pac.  639; 
Campbell  v.  .ludd,  2  Cal.  Unrep.  522,  7  Pac. 
804,   7   West   Coast  R.   372. 

80.  ^Vl^at  need  not  state  —  Six  months' 
rcsidouce.  —  Petition    need    not    allege    resi- 


dence in  the  county  for  six  months  prior  to 
filing. — In  re  Thomas,  5  Cal.  Unrep.  303,  44 
Pac.  327. 

81.  Same — Same. — Non-residence  of  part- 
ners does  not  defeat  the  right  of  a  partner- 
ship firm  to  become  a  petitioning  creditor. 
— In   re  Dennery,   89   Cal.   101,  26   Pac.   639. 

82.  Same — Same. — The  fact  of  six  months' 
residence  need  not  be  stated  in  petition. — 
Barrett  v.  Carney,  33  Cal.  530. 

82a.  Place  of  business  of  insolvent  cor- 
poration.— County  of  may  be  proved  by 
parol. — 98  Cal.  318,  33  Pac.   198. 

83.  Residence  —  Sufficient  statement.  —  A 
statement  that  petitioner  is  "a  resident  of 
the  city  of  San  Francisco,"  is  a  sufficient 
statement  that  he  is  a  resident  of  the 
fourth  judicial  district. — Slade  v.  Creditors. 
10   Cal.    483. 

84.  Same — Same. — A  cause  of  action  Is 
stated  when  it  shows  that  the  creditors  are 
residents  of  California,  that  the  demands  are 
due,  accrued  in  this  state,  and  states  their 
nature  and  amounts,  and  such  other  facts 
required  by  section  8  of  the  act  of  1880. — In 
re  Close,   106  Cal.  574,  39  Pac.   1067. 

85.  Same — Failure  to  state  six  months' 
residence. — Where  the  petition  does  not  state 
the  fact,  the  court  may  be  informed  of  it  in 
some  other  mode,  and  when  attacked  in  a 
collateral  proceeding,  it  is  presumed  in  favor 
of  the  validity  of  the  judgment  that  the 
court  informed  itself  as  to  such  residence. 
— Barrett  v.   Carney,    33   Cal.   530. 

86.  Averment  tliat  debts  were  created  in 
state  unnecessary  to  give  the  court  jurisdic- 
tion.— Sharp  V.  Creditors,   10  Cal.  418. 

87.  Statement  of  name  of  each  creditor. — 
Petition  must  state  the  name  of  each  cred- 
itor, if  known,  and  if  unknown,  must  so 
state. — McAllister  v.   Strode,   7  Cal.    428. 

SS.  Failure  to  include  ail  property. — The 
failure  to  include  certain  property  will  not 
be  sufficient  to  affect  the  jurisdiction  of  the 
court,  where  there  is  full  compliance  with 
the  requirements  of  the  statute  in  all  other 
respects. — Newlove  v.  Mercantile  Trust  Co., 
156   Cal.   657,   105   Pac.   971. 

89.  Insufficiency  of  mode  of  statement- 
Collateral  attacli. — Petition  can  not  be  at- 
tacked collaterally  for  a  mere  insufficiency 
in  the  mode  of  statement,  but  only  for  a 
total  absence  of  averment. — Mogk  v.  Peter- 
son, 75  Cal.  496,   17  Pac.  446. 

90.  Vagueness  of  statement  —  Collateral 
attack. — Mere  vagueness  of  statement  is  not 
ground  for  collateral  attack.  —  Pope  v. 
Kirchner,  77  Cal.   152,   19   Pac.   264. 

91.  Statement  of  insolvency  of  debtor, 
neces.sary.  —  Creditor's  petition,  which  is 
based  upon  a  transfer  with  intent  to  de- 
fraud creditors,  and  which  fails  to  state 
that  the  debtor  was  insolvent  at  the  time 
the  transfer  was  made,  or  the  time  of  the 
transfer  or  what  property  was  transferred, 
will  not  support  an  adjudication  In  insol- 
vency, and  is  insufficient  on  both  general 
and  special  demurrer. — In  re  Mealy,  127  Cal. 
103,  59  Pac.   313. 

92.  Specific  allegations  of  fraud. — Under 
section  S  a  creditor's  petition  Is  not  demur- 
rable if  it  alleges  the  transfer  of  the  prop- 


Act  392 


GENERAL,    LAWS. 


12i 


erty  with  Intent  to  hinder,  delay  and  de- 
fraud creditors,  and  sets  forth  the  name  of 
the  grantee,  together  with  the  circumstances 
of  time  and  place,  and  a  general  descrip- 
tion of  the  property  conveyed. — In  re  Pat- 
ton,  110  Cal.  33,   42  Pac.   459. 

93.  Amended    petition — Four    creditors 

Where  one  of  the  creditors  to  the  original 
petition  has  been  paid,  and  only  four  re- 
main to  present  an  amended  petition,  the 
court  is  without  jurisdiction  to  entertain 
the  same.— In  re  Whipple,  129  Cal.  426,  62 
Pac.    65. 

94.  Allegation  of  partnersliip. — Partner- 
ship petition  need  not  directly  allege  that 
petitioners  are  partners,  where  it  sufficiently 
appears  from  the  whole  petition  that  they 
are. — In  re  Ramazzina,  110  Cal.  488,  42  Pac. 
980. 

9.5.  Negativing  fiduciary  character  of 
debts. — Petition  need  not  aver  that  the  debts 
were  not  fiduciary  so  as  to  show  that  they 
were  not  within  the  provision  of  section  13. 
— Brewster  v.  Ludekins,   19  Cal.   162. 

96.  Partnersliip  petition — Sufficiency  of. — 
The  allegation  that  the  insolvents,  naming 
them,  as  "copartners,  doing  business  under 
the  firm  name  .  .  .  are  indebted  to  your 
petitioners,"  can  only  be  understood  as 
charging  that  the  indebtedness  arose  out  of 
the  partnership  business. — Wright  v.  Cohn, 
88  Cal.  328,  26  Pac.  600. 

97.  Application  in  joint  name  of  partners. 
— An  application  made  in  the  joint  name  of 
the  partners  is  insufficient  as  being  without 
the  authority  of  the  act. — Meyer  v.  Kohl- 
man,   8  Cal.   44. 

97a.  Same — Joint  property  of  partnership 
only. — A  petition,  schedule  and  affidavit,  in 
the  joint  name  of  partners,  which  shows  a 
surrender  of  joint  property  only,  is  insuffi- 
cient.— Meyer  v.  Kohlman,   8  Cal.  44. 

98.  Insufficiency  not  obviated  by  proof. — 
Insufficiency  of  petition  can  not  be  obviated 
by  proof. — Judson  v.  Atwill,  9  Cal.   477. 

99.  Signature  of  insolvent  to  petition  not 
required. — The  petition  need  not  be  signed 
by  the  insolvent  or  his  attorney,  but  he 
must  sign  the  schedule. — Wilson  v.  Credi- 
tors,   32   Cal.   406. 

99a,  Failure  of  petitioners  to  sign,  not 
ground  for  collateral  attack. — Where  pro- 
ceedings are  regular  on  their  face  it  is  not 
subject  to  collateral  attack  on  the  ground 
that  the  signers  of  the  petition  were  not 
actual  creditors. — Riego  v.  Foster,  125  Cal. 
178,   57  Pac.   896. 

100.  Signature  of  insolvent  not  required 
—May  be  signed  by  attorney. — The  signature 
of  the  insolvent  is  not  necessary. — Brewster 
v.  Ludekins.  19  Cal.   162. 

101.  Need  not  be  verified — Petition  need 
not  be  verified. — Wilson  v.  Creditors,  32  Cal. 
406. 

102.  Creditors'  petition  —  Verification. — 
Verification  of  petition  by  three  creditors  is 
necessary  to  its  validity,  and  is  jurisdic- 
tional. Verification  held  a  nullity. — In  re 
Visalia  City  Water  Co.,  119  Cal.  561,  51 
Pac.   856. 

103.  Verification  in  usual  form. — Vtriflca- 
tSon    in    the    usual    form    of    verification    of 


pleadings,  which  includes  matters  stated  on 
Information  and  belief,  is  not  objectionable. 
— Wright  V.  Cohn,  88  Cal.  328.  26  Fac.  600. 

104.  Verification  by  new  creditor  -^1 
Amended  petition. — A  new  creditor  not  in] 
the  original  petition  is  not  authorized  to] 
verify. — In  re  Whipple,  129  Cal.  426,  621 
Pac.   65. 

See,  also,  In  re  Visalia  City  Water  Co.,' 
119  Cal.  561,  51  Pac.  856;  Anderson  v.  Su- 
perior Court,  122  Cal.   216,   54  Pac.   829. 

105.  Prayer  for  discharge  not  necessary,] 
and  it  is  sufficient  if  the  petition  avers  peti-' 
tioners  desire  to  be  discharged.  —  In  re 
Chope,   112  Cal.  630,   44  Pac.  1066. 

106.  Collateral  attack.  —  To  be  immune 
from  collateral  attack,  the  petition  should 
set  forth  such  a  sta.te  of  facts  as  bring  the 
case  within  the  statute,  and  due  publication, 
of  notice  to  creditors.  —  Friedlander  v. 
Loucks,   34  Cal.   18. 

e.  Schedule. 

107.  Schedule  and  petition  constitute  the] 
complaint. — Wilson  v.  Creditors,  32  Cal.   406. 

lOS.  Schedule  consists  of  three  partsij 
Losses,  debts,  and  inventory.  —  Schedule  | 
should  consist  of  three  parts:  First,  sum- 
marj'  statement  of  the  insolvent's  affairs, 
with  list  of  losses  sustained,  as  complete  as  , 
it  can  be  conveniently  made;  second,  a  list 
of  his  debts;  and,  third,  a  perfect  inventory] 
of  the  estate,  real,  personal  and  mixed. —  \ 
Wilson  V.  Creditors.   32  Cal.  406. 

109.  Inventory   most    material   part. — The] 
most   material   part    is   the   inventory    of   in- 
solvent's estate,  and  should  be  made  as  fuUj 
and   complete   as  possible. — Wilson   v.    Cred- 
itors,  32  Cal.  406. 

110.  Defective  statement  not  ground  of] 
dismissal. — Defective  statement  of  items  Isl 
not  ground  for  dismissing  proceeding. — | 
Bennett  v.  Creditors,   22  Cal.   38. 

111.  Failure  to  state  items  T»'ith  sufficient! 
particularity. — The     failure     to     state     itemsj 
with    sufficient   particularity   is   a   defect  af- 
fecting   the     sufficiency     of    the     papers    a3i 
pleadings. — Bennett  v.  Creditors,   22   Cal.   38. 

112.  Same  —  Creditor    not    prejudiced. — Aj 
creditor    is    not    prejudiced    by    a    decree    of! 
discharge  of  his  debtor  under  the  insolvent! 
act,   or  prevented  from   enforcing  his  clairaj 
if   the   debts  and  liabilities   are   not   set   out 
in    the    schedule   with    the    particularity    re- 
quired   by    the    act. — Slade    v.    Creditors,    1( 
Cal.   483. 

113.  Statement  when  creditor  unknOTrn.- 
A  statement  "that  the  schedule  of  his  debts 
and  liabilities,  annexed  to  his  petition,  con- 
tains the  names  of  his  creditors  as   near  aa 
he    can    state    them,"    is   a   sufficient    compliJ 
ance  with  the  act,  even  though  the  schedule 
did    not    contain    the    name    of    the    creditor 
who  was  the  assignee  of  a  note  imperfectly! 
described,    and    did    not    state    that    he    was! 
ignorant   of  the  same  or  that   the  owner  ofj 
the  note  was   unknown. — Barrett  v.   CarneyJ 
33   Cal.    530. 

114.  Omission    of    dollar     mark.  —  Wherel 
the  amounts  written   in  the  schedule  clearlyj 
show  that  they  represent  dollars,   the  omis-J 
sion   of  the  dollar  mark  will  not  be  deemed 
a  uuiterial  defect  in  determining-  the  aniountl 


127 


BANKRUPTCY    AND    INSOLVENCY. 


Act  392 


of  the  insolvent's  debts. — Newlove  v.  Mer- 
cantile Trust  Co.,   156  Cal.   657,   105  Pac.   971. 

115.  Failure  to  allege  ignorance  when 
creditor  nnknoTvn.  —  Where  the  schedule 
fails  to  give  the  name  of  the  owmer  of  cer- 
tain promissory  notes,  or  to  state  ignorance 
of  such  name,  the  discharge  of  the  insolvent 
is  insufficient  to  bar  subsequent  action  on 
the  notes. — Judson  v.  Atwill,  9  Cal.  477.  See, 
also,  McAllister  v.  Strode,  7  Cal.  428. 

lie.  Insufficiently  described  note. — A  note 
by  the  insolvent  payable  to  the  order  of 
Alfred  McCarty,  described  in  the  schedule  as 
"Alfred  McCarty,  borrowed  money,  April, 
1855,  $500,"  is  insufficiently  described,  a  dis- 
charge is  no  bar  to  a  subsequent  action 
thereon. — McCarty   v.   Christie,    13    Cal.    79. 

117.  Variance  in  description  of  debt  is 
not  material  if  described  so  as  to  enable  the 
holder  to  readily  identify  It. — Brewster  v. 
Ludekins,   19   Cal.   162. 

118.  Same. — Where  the  schedule  describes 
a  certain  note  as  in  suit  when  in  fact  at 
the  time  of  filing  the  petition  it  has  passed 
Into  judgment,  the  variance  is  not  fatal. — 
Brewster  v.  Ludekins,  19  Cal.  162. 

110.  Defective  statement  of  promissory 
notes. — Defective  statement  of  certain  prom- 
issory notes  which  constitute  a  part  of  tlie 
debts  and  liabilities  of  the  Insolvent,  does 
not  Invalidate  the  proceedings. — Slade  v. 
Creditors,   10  Cal.   483. 

120.  Intentional  omission  of  property 
may  be  shown  in  an  action  on  a  promissory 
note  in  answer  to  a  plea  of  a  discharge. — 
Dean  v.   Baker,   64   Cal.   232,   30   Pac.   806. 

121.  Inaccurate  description  of  promissory 
note. — Where  the  insolvent  is  liable  as  an 
indorser  on  the  note  of  another  person.  It  is 
Inaccurate  to  describe  such  note  and  liabil- 
ity as  contingent,  giving  the  names  of  the 
maker,  without  giving  that  of  the  present 
owner,  or  stating  tliat  he  is  ignorant  of 
such  name. — McAllister  v.  Strode,  7  Cal.  428. 

122.  Meagreness  of  detail  can  not  be 
reached  by  an  objection  to  the  substance. — 
Wilson  V.  Creditors,   32  Cal.   406. 

12.3.  Errors  In  not  fatal  to  riglit  to  dis- 
clinrge. — Insolvent  is  entitled  to  a  discharge 
notwithstanding  errors  in  his  schedule, 
where  he  acted  In  good  faith  and  under 
advice  of  counsel. — In  re  Bregard,  84  Cal. 
322,   24   Pac.   317. 

124.  Examination  of  Insolvent  In  refer- 
ence to  scliedule. — If  creditors  have  reason 
to  suppose  that  petitioner's  Insolvency  is 
simulated  or  pretended,  or  that  he  has 
fraudulently  misrepresented  his  affairs  In 
any  respect,  they  may  charge  fraud  and 
have  the  Insolvent  examined  In  detail  In 
reference  to  his  schedule. — Wilson  v.  Cred- 
itors,   32   Cal.    406. 

12.*!.  Omission  of  vrortlileirs  debts  not 
fraudulent. — Debts  due  insolvent,  shown  to 
be  worthless  and  barred  by  limitation,  omit- 
ted from  schedule,  does  not  amount  to 
fraud  and  false  swearing,  and  Is  not  ground 
for  collateral  attack. — Pope  v.  KIrchner,  77 
Cal.  152,  19  Pac.  264. 

126.  Omission  of  property  from  verified 
Kchedule — Perjury. — An  insolvent  who  wil- 
fully   omits    from    his    schedule,    verified    ac- 


cording to  the  requirements  of  the  Insolvent 
act,  any  of  his  property  is  guilty  of  perjury, 
and  the  provision  in  the  act  making  such 
omission  a  misdemeanor  does  not  affect  the 
statute  against  perjury. — People  v.  Piatt,  67 
Cal.   21,   7  Pac.   1. 

127.  Debts — Unliquidated  damages. — Un- 
liquidated damages  for  repudiated  or  aban- 
doned lease  is  not  a  debt  within  the  mean- 
ing of  the  Insolvent  act. — In  re  Bell,  85  Cal. 
119,   24  Pac.  633. 

128.  Same  —  Provable  debt.  —  Under  sec- 
tion 37,  debts  not  due,  but  payable  at  a 
future  time,  are  provable  debts.  —  In  re 
Dennery,  89  Cal.   101,  26  Pac.  639. 

129.  Same  —  Purpose  of  schedule.  —  The 
principal  object  is  to  inform  the  court  that 
in  fact  the  petitioner  is  insolvent,  and  to 
assist  the  court  and  assignee  In  settling  the 
estate. — Wilson  v.  Creditors,  32  Cal.  406. 

129a.  Same — "False  and  fictitious  debts." 
— Partnership  debts  which  a  copartner  has 
attempted  to  pay  with  partnership  assets 
without  insolvent's  knowledge,  are  not 
"false  and  fictitious  debts." — In  re  Bregard, 
84  Cal.  322,  24  Pac.  317. 

130.  Same  —  Partnership  property.  —  The 
insolvent  should  include  all  property  in 
which  he  is  interested,  including  partner- 
ship property  and  debts  for  which  he  is 
personally  liable. — In  re  Bregard,  84  Cal. 
322,   24   Pac.   317. 

130a.  Contingent  debts  —  Debta  payable 
at  a  future  time  may  be  proven  as  liabilities 
and  are  released  under  the  act. — Mooney  v. 
Detrick,  85  Cal.  549,  22  Pac.  1111,  26  Pac.  280. 

131.  Losses — Objection  that  it  is  vague 
and  indefinite  has  nothing  to  do  witli  the 
contest  on  the  ground  of  fraud. — Grow  v. 
Creditors,  31  Cal.  328. 

131a.  Same — Estimate  not  honestly  made. 
— Where  a  petitioner  in  insolvency  alleges 
losses  in  trade,  and  he  fails,  as  a  witness, 
to  explain  how  the  same  were  incurred,  it 
is  to  be  inferred  that  his  estimate  of  such 
losses  was  not  made  honestly. — Schloss  v. 
Creditors,   31   Cal.   201. 

131b.  Indebtedness  of  Insurance  compan- 
ies, estimate  of. — See  Kerr's  Cyc.  Political 
Code,    §  602a. 

132.  Assets  not  losses  material  in  contest 
of  discharge. — A  contest  by  the  creditors  of 
an  application  of  the  debtor  for  a  dis- 
charge, based  upon  fraud,  brings  out  the 
acts  of  the  petitioner  In  relation  to  his  es- 
tate, and  his  schedule  of  assets,  not  the 
schedule  of  his  losses. — Grow  v.  Creditors, 
31   Cal.   328. 

133.  Losses — Amend  to  make  more  defi- 
nite.— If  a  more  complete  and  definite  sched- 
ule of  the  Insolvent's  losses  Is  desired,  th* 
proper  course  is  to  move  to  amend. — Grow 
v.   Creditors,    31   Cal.   328. 

134.  Same — Schedule  fatally  defective. — 
A  schedule  of  losses,  after  specifying  cer- 
tain bad  debts,  specifies  "large  amounts  of 
other  bad  debts,"  and  is  not,  for  that  rea- 
son, fatally  defective  in  not  giving  a  list  of 
lo.sses. — Brewster   v.   Ludekins,    19    Cal.    162. 

134a.  Same — Summary  of  may  be  Incor- 
porated in  the  petition. — Wilson  v.  Credi- 
tors,  32   Cal.   406. 


Act  392 


GENERAL.   LAWS. 


128 


135.  Same — Purpose  Is  to  sboir  canse  of 
Insolvency. — The  principal  object  is  to  show 
good  faith  by  showing  cause  of  inability  to 
pay  debts. — Wilson  v.  Creditors,  32  Cal.   406. 

135a.  Assets — Estate  in  expectancy. — Fu- 
ture revenue  from  ofHce  of  county  treasurer 
does  not  constitute  an  estate  in  expectancy 
within  the  meaning  of  the  insolvent  law, 
and  the  concealment  of  that  fact  in  his  pe- 
tition does  not  amount  to  fraud. — Grow  v. 
Creditors,  31  Cal.  328. 

136.  Signature  of  insolvent  required  to 
schedule,  though  not  to  petition. — Wilson  v. 
Creditors,    32   Cal.   406. 

136a.  Same — Scliedule  of  losses  only. — 
Where  it  consisted  of  three  parts,  liabilities, 
assets,  and  losses,  and  only  the  schedule  of 
losses  was  signed  by  the  insolvent,  that  is 
sufficient  to  protect  the  proceedings  from 
collateral  attack. — Brewster  v.  Ludekins,  19 
Cal.    162. 

137.  Verification  necessary.  —  Schedule 
must  be  verified. — Wilson  v.  Creditors,  32 
Cal.    406. 

138.  Verification  by  Involuntary  Insol- 
vent not  required. — Involuntary  insolvent  is 
not  required  to  file  a  verified  inventory  and 
schedule. — In  re  Green,  96  Cal.  162,  31 
Pac.    15. 

139.  Verification  before  judge,  not  before 
notary. — Verification  must  be  before  the 
judge  of  the  court  to  which  application  is 
made,  and  no  jurisdiction  to  adjudge  a  dis- 
charge exists  where  such  verification  is  made 
before  a  notary. — Baker  v.  Everhart,  65  Cal. 
27,  2  Pac.  495. 

f.  Answer. 

140.  Verification. — Although  the  act  of 
1852  did  not  require  verification  of  the  an- 
swer, under  the  act  of  1880,  requiring  it, 
enacted  subsequent  to  the  filing  of  the  peti- 
tion but  prior  to  filing  answer,  the  answer 
should  have  been  verified. — Strueven  v. 
Creditors,   62  Cal.   45. 

141.  Plea  to  charge  of  fraud  may  be 
guilty  or  not  guilty:  but  insolvent  may  ob- 
ject, as  by  demurrer,  that  the  acts  charged 
do  not  amount  to  fraud. — Wilson  v.  Credi- 
tors,  32    Cal.    406. 

g.   Bond. 

142.  Covers  only  costs  and  damages. — 
Bond  of  original  creditor's  petition  covers 
only  costs  and  damages,  but  not  costs  and 
damages  under  a  new  petition  in  a  new 
proceeding. — Anderson  v.  Superior  Court,  122 
Cal.  216,  54  Pac.  829. 

143.  Necessity  —  A  proceeding  vrithout 
bond,  tn  the  face  of  objections  to  the  want 
of  same,  and  witliout  waiver  thereof,  is  in 
excess  of  the  jurisdiction  of  the  court,  and 
prohibition  will  lie  to  restrain  the  proceed- 
ing.— Anderson  v.  Superior  Court,  122  Cal. 
216,    54   Pac.    829. 

144.  Failure  to  grive.  —  Failure  to  give 
does  not  render  the  proceedings,  but  is 
matter  of  abatement,  and  must  be  pleaded 
before  the  trial  of  the  issues,  and  if  not 
specifically  urged  it  is  waived,  and  can  not 
be  presented  after  adjudication.  —  In  re 
Clarke,    125   Cal.    388,    58    Pac.    22, 


145.  Failure   to    file,    not    jurisdictional — 

Failure  to  file  the  bond  required  by  sec- 
tion 8,  with  two  sureties  and  all  the  cred- 
itors as  principals,  though  Irregular,  doea 
not  affect  the  jurisdiction  of  the  court. — 
Creditors  v.  Consumer's  Lumber  Co.,  98  Cal. 
318,   33  Pac.   196. 

146.  Defect  in. — A  debtor  of  the  insolvent 
can  not  raise  the  question  of  defectiveness 
in  the  assignee's  bond  in  an  action  by  the 
latter,  where  the  creditors  make  no  objec- 
tion.— Mogk  V.  Peterson,  75  Cal.  496,  17  Pac. 
446. 

147.  Sufficiency. — The  insolvent  act  con- 
templates a  bond  with  two  sureties  and  all 
the  creditors  as  principals. — In  re  Visalia 
City  Water  Co.,  119  Cal.  561,  51  Pac.   856. 

147a.  Same. — Bond  not  signed  by  all  the 
petitioning  creditors  and  by  two  sureties  is 
insufficient. — In  re  Mealy,  127  Cal.  103,  59 
Pac.  313. 

14S.  Same— Creditors  and  debtor  only  In- 
terested.— Creditors  and  debtor  are  alone  in- 
terested In  the  amount  and  sufficiency  of 
the  assignee's  bond. — Best  v.  Johnson,  78 
Cal.  217,  12  Am.  St.  Rep.  41,  3  L.  R.  A.  168. 
20  Pac.  415. 

149.  Effect  of  objections  to. — An  objec- 
tion to  the  form  of  the  bond  filed  w^ith  the 
original  petition,  and  to  the  sufficiency  of 
the  sureties,  is  a  waiver  of  other  objections 
to  the  bond,  and  to  the  lack  of  a  new  bond 
after  the  filing  of  the  amended  petition. — In 
re  Clarke,  125  Cal.  388,  58  Pac.  22. 

150.  Creditors  only  can  sue. — Tlie  credi- 
tors only,  can  sue  on  the  assignee's  bond. — 
Best  V.  Johnson,  78  Cal.  217,  12  Am.  St.  Rep. 
41,   3   L.   R.   A.   168,   20   Pac.   415. 

151.  Wrongful  seizure  or  detention  of 
property  or  money — Assignee's  sureties  not 
liable  for. — Best  v.  Johnson,  78  Cal.  217,  12 
Am.  St.  Rep.  41,  3  L.  R.  A.   168,  20  Pac.  415. 

h.  Order  to  show  cause,  and  notice  to  creditors. 

152.  Publication — Sufficiency. — When  the 
adjudication  is  made  on  Monday,  and  the 
order  to  sliow  cause  and  notice  to  creditors 
was  published  the  following  Saturday, 
which  was  the  first  day  of  publication  after 
the  making  of  tlie  order,  and  publication 
was  made  on  each  Intervening  Saturday 
thereafter  for  thirty-six  days,  until  the  day 
set  for  the  meeting  of  creditors,  tlie  re- 
quirements of  section  7  of  the  act  are  suffi- 
ciently complied  with. — Newlove  v.  Mercan- 
tile  Trust   Co.,    156   Cal.    657,    105   Pac.    971. 

153.  Order  to  sIiotv  cause — Served  by  pub- 
lication.— The  order  to  show  cause,  required 
by  section  10  of  the  act  (1880),  may  be 
served  by  publication,  so  far  as  the  rights 
of  the  assignee  are  concerned,  as  if  per- 
sonal service  had  been  made. — Arnold  v. 
Kahn,  67  Cal.   l72,   8  Pac.   36. 

154.  Same — Sufficient. — An  order  direct- 
ing the  clerk  to  issue  an  "order  for  the 
creditors  to  appear  .  .  .  and  show  cause 
why  the  insolvent  sliould  not  be  discharged 
from  his  debts,  in  pursuance  of  tlie  insol- 
vent laws,  and  likewise  make  an  assignment 
of  his  estate  for  tlie  benefit  of  his  creditors." 
is  a  substantial  compliance  with  sections  5 
an,l  S  of  the  act. — Flint  v.  Wilson,  36  Cal.  24. 


Jl 


129 


BANKRUPTCY    AND    INSOLVENCY. 


Act  393 


155.  Same — Insufficient. — If  mr.de  the  day 
before  the  presentation  of  the  petition,  it 
was  coram  non  judice  and  void. — Hastings 
V.  Cunningham,  39  Cal.  137. 

See,  also,  Hahn  v.  Kelly,  34  Cal.  391,  94 
Am.  Dec.  742. 

156.  Notice  to  creditors — Order  to  pub- 
lish notice  and  order  for  meeting  of  credi- 
tors.— Order  to  publish  notice  to  creditors  is 
not  insufficient  because  it  combines  such 
order  with  order  for  meeting  of  creditors. 
— Langenour  v.  French,  34  Cal.  92. 

157.  Same — Not  process,— Even  if  it  were, 
the  fact  that  it  did  not  run  in  the  name  of 
the  people  is  not  a  fatal  error. — Brewster  v. 
J.udekins,    19  Cal.  162. 

15S.  Same — No  provision  for  notice  to 
creditors  signing  petition. — No  provision  for 
notice  to  creditors  signing  the  petition. — 
Ohleyer  v.  Bunce,  2  Cal.  Unrep.  252,  3  Pac. 
105. 

159.  Same — Publication. — Notice  to  credi- 
tors must  be  published  for  the  first  time  at 
least  thirty  days  before  the  day  fixed  for 
the  creditors  to  appear  and  show  cause, 
otherwise  a  judgment  of  discharge  is  void. 
—McDonald  v.  Katz,  31  Cal.  167. 

160.  Same — Date  of  publication,  is  the 
first  day  notice  is  published. — Clarke  v. 
Ray,  6  Cal.  600. 

ICl.  Same — Publication  sufficient. — Pub- 
lication on  December  7,  returnable  January 
6,  following,  is  a  sufficient  compliance  with 
the  requirement  for  30  days  notice. — Dean 
V.  Grimes,   72   Cal.   442,   14  Pac.  178. 

162.  Same — Same. — Notice  to  creditors  to 
appear  December  1,  1879,  published  on  No- 
vember 1,  1879,  was  in  time. — Wilson  v. 
Creditors,  55  Cal.  476. 

163.  Same — Same. — "Where  the  order  for 
meeting  of  creditors  was  made  May  21,  1879, 
^ind  the  date  for  the  meeting  was  fixed  for 
June  23,  1879,  publication  of  notice  to  be 
made  once  a  week  for  four  weeks  in  "The 
"Woodland  Democrat,"  publication  in  "The 
Woodland  Daily  Democrat"  on  May  23d  and 
"Oth,  and  June  6  and  13,  was  sufficient. — 
Steele   v.    Creditors,   58   Cal.    244. 

164.  .Same— Ncivspaper  need  not  be  desig- 
nated.— Newspaper  need  not  be  designated 
by  judge  in  the  order  for  publication — 
Steele  v.   Creditors,    58   Cal.   244. 

165.  Same — Service  by  mail. — Notice  to 
creditors,  may  be  served  by  mail  under  sec- 
tion 7  of  the  act. — Pomeroy  v.  Gregory,  66 
Cal.  574.  6  Pac.  493. 

166.  Same — Service  by  mail  sufficient. — 
Mailing  four  days  after  the  making  of  the 
order  is  a  sufficient  compliance  with  the  re- 
quirement that  the  mailing  shall  be  "forth- 
with."— Newlove  v.  Mercantile  Trust  Co.,  156 
Cal.  657,  105  Pac.  971. 

167.  Same — Proof  of  publication  may  be 
made  by  affidavit  of  proprietor  of  news- 
paper in  which  published. — Barrett  v.  Car- 
ney.  33   Cal.    530. 

168.  Same — Same. — The  recitals  of  an  or- 
der appointing  an  assignee  is  suffioient 
prc'3f  of  publication  of  notice  to  creditors. — 
Ohleyer  v.   Bunce,    65   Cal.   544,   4   Pac.    540. 

Gen.  Laws — 9 


169.  Same — Same — May  be  by  affidavit — 

Proof  of  may  be  made  by  affidavit. — Schloss 
v.   Creditors,    31    Cal.    201. 

170.  Same — Affidavit  of  publication. — The 

act  requires  publication  "at  least  once  a 
week  for  four  successive  weeks,"  and  af- 
fidavit that  publication  was  made  "at  least 
four  consecutive  weeks  beginning  on  the 
31st  of  October,  1878,  and  ending  on  the  5th 
of  December,  1878,  both  inclusive,"  does  not 
show  sufficient  compliance  with  the  require- 
ment to  confer  jurisdiction. — Hernandez  v. 
Creditors,  57  Cal.  333. 

t.  Service  of  copy  of  petition  on  deitor. 

171.  Collateral      attack      after      service. — 

Errors  committed  subsequent  to  the  service 
upon  the  debtor  of  a  copy  of  the  petition 
properly  signed  and  verified  and  of  the 
order  to  show  cause,  are  not  subject  to  col- 
lateral attack. — Luhrs  v.  Kelly,  67  Cal.  289, 
7  Pac.  696. 

j.   Receiver. 

172.  Function  of. — By  means  of  the  re- 
ceiver the  court  may  take  possession  of  and 
preserve  the  property  of  the  insolvent,  and 
protect  the  rights  of  the  creditors,  and  the 
receiver  sue  for  the  recovery  of  the  Insol- 
vent's assets,  or  property  fraudulently  con- 
veyed by  him,  and  may  apply  for  an  exam- 
ination of  the  insolvent  as  to  his  affairs. — 
Dennery  v.  Superior  Court,  84  Cal.  7,  24  Pac. 
147. 

173.  Authority  to  bring  suit. — Receiver 
can  only  bring  suit  where  necessary  to  pre- 
serve property  of  an  insolvent  which  coma 
into  his  possession,  and  can  not  bring  suit  to 
set  aside  a  transfer  made  by  the  insolvent 
prior  to  the  commencement  of  the  insol- 
vency proceeding. — Tibbets  v.  Cohn  &  Co., 
116  Cal.  365,  48  Pac.  332. 

174.  Goods  of  third  party. — The  court  is 
authorized  to  direct  the  receiver  to  return 
goods  belonging  to  a  third  party. — Tapscott 
V.  Lyon,   103  Cal.   297,  37  Pac.  225. 

175.  Not  liable  for  tort. — Receiver  can 
not  be  held  liable  as  a  tort  feasor  for  any 
act  within  the  scope  of  his  duty. — Tapscott 
V.    Lyon,    103    Cal.    297,    37    Pac.    225. 

176.  The  sheriff  a  mere  custodian. — The 
sheriff  as  receiver  is  a  mere  custodian  of 
the  estate  of  the  insolvent,  and  does  not 
represent  the  insolvent  debtor  for  the  pur- 
pose of  defending  actions,  and  is  not  the 
legal  representative  of  such  insolvent  for 
the  purpose  of  the  service  of  notice  of  a 
laborer's  lien. — Taylor  v.  Hill,  115  Cal.  143, 
46    Pac.    922. 

177.  RefiiNal  to  take  possession  of  goods 
offered  voluntarily. — Receiver  can  not  re- 
fuse to  take  possession  of  goods  volun- 
tarily surrendered  by  the  person  in  whose 
possession  are  the  goods  he  is  directed  to 
take,  under  penalty  of  contempt,  and  he 
can  not  surrender  them  without  leave  of 
the  court. — Tapscott  v.  Lyon,  103  Cal.  297, 
37   Pac.   225. 

178.  Receiver    is    not    a    trespasser    when 
he  accepts  as  the  propertj'  of  the   insolvent 
goods    from    third    persons   voluntarily    sur 
rendered. — Tapscott    v.    Lyon,    103    Cal.    297, 
37    Pac.    225. 


Act  392 


GENERAL   LAWS. 


130 


179.  Holds  possession  for  the  conrt. — Re- 
ceiver holds  possession  of  goods  of  the  In- 
solvent as  the  servant  of  the  court,  and 
adverse  claimants  are  not  justified  in  dis- 
turbing his  possession  except  by  leave  of 
the  court. — Tapscott  v.  Lyon,  103  Cal.  297, 
37   Pac.    225. 

ISO.  Not  protected  when  he  takes  goods 
from  third  person. — Receiver  who  talces 
goods  of  insolvent  from  third  person 
against  latter's  will,  does  so  at  his  personal 
risk  and  will  not  be  protected  by  the  court. 
— Tapscott  V.  Lyon,  103  Cal.  297,  37  Pac. 
225. 

181.  No  right  to  seize  goods  of  insolvent 
in  Iiands  of  third  person. — Receiver  has  no 
right  to  seize  goods  of  insolvent  in  hands 
of  third  person  however  fraudulent  may  be 
the  latter's  possession. — Tapscott  v.  Lyon, 
103   Cal.   297,   37  Pac.   225. 

182.  Examination  of  insolvent.  —  The 
court  may  require  the  insolvent  to  appear 
and  be  examined  as  to  the  affairs  of  the 
estate  on  the  application  of  the  receiver. — 
Goodday  v.  Superior  Court,  65  Cal.  580,  4 
Pac.    626. 

IS.S.  Appointment  in  chambers. — Appoint- 
ment maj'  be  made  in  chambers  on  ex  parte 
application. — Real  Estate  Association  v.  Su- 
perior Court,  60  Cal.   223. 

k.    Assignee. 

184.  Ofiicer  of  court. — Assignee  Is  the 
hand  of  the  court,  though  elected  by  the 
creditors,  and,  for  the  purpose  of  the  pro- 
ceeding is  an  ofiicer  of  the  court. — Rued  v. 
Cooper,    109   Cal.    682,    34  Pac.    98. 

185.  Election — ^VIlo  may  vote — Unsecured 
claim. — Unsecured  portion  of  claim,  not 
wholly  secured  may  be  voted. — Widber  v. 
Superior  Court,   94  Cal.   430,   29  Pac.   870. 

186.  Same — Ma.iority  in  amount  of  clainus. 
— Majority  in  amount  of  claims  entitled  to 
vote  prevails. — O'Neill  v.  Reynolds,  116  Cal. 
264,   48   Pac.   57. 

187.  Title  of. — Assignee  takes  the  prop- 
erty of  the  insolvent  subject  to  all  the 
rights  and  equities  of  third  person  therein 
in  the  hands  of  the  insolvent. — Kirk  v.  Rob- 
erts,  3   Cal.  Unrep.   671,   31   Pac.    620. 

188.  Same.  —  Assignee  becomes  vested 
with  title  to  all  the  insolvent's  property, 
from  and  after  surrender,  whether  men- 
tioned in  the  schedule  even  if  he  does  not 
know  of  its  existence  until  after  the  dis- 
charge.— Poehlman   v.   Kennedy,    48   Cal.    201. 

180.  Same. — Title  vests  by  relation  as  of 
date  of  commencement  of  proceedings,  and 
he  may  maintain  action  to  quiet  title  against 
purchaser  of  property  of  the  insolvent  at 
execution  sale,  within  a  month  prior  there- 
to.— Scoville  V.  Anderson,  131  Cal.  590,  63 
Pac.    1013. 

190.  Same. — Assignee  Is  successor  in  in- 
terest of  the  creditors. — Merrill  v.  Hurlbert, 
63  Cal.  496;  Brown  v.  Bank  of  Napa,  77  Cal. 
544,   20   Pac.   71. 

191.  Same — Estate  of  Insolvent  devolves 
In  trust  for  the  benefit  of  others  upon  the 
assignee  by  operation  of  law. — Brown  v. 
Bank  of  Napa,  77  Cal.  544,  20  Pac.  71. 

192.  Same — Trustee. — Title  to  property  of 


Insolvent  vests  by  law  In  the  assignee  as 
trustee  for  the  insolvent  and  for  the  credi- 
tors, and  his  title  is  not  restricted  to  the 
items  of  the  schedule. — Rued  v.  Cooper,  109 
Cal.   682,  34  Pac.   98. 

193.  Same— After      acquired      property.— 

Property  of  insolvent  at  date  of  adjudication 
passes  to  assignee,  but  not  that  afterwards 
acquired. — Day  v.  Superior  Court,  61  Cal. 
489. 

194.  Same — Relates  baclc  to  filing  peti- 
tion.— Title  of  assignee  relates  to  the  filing 
of  the  petition  and  prevails  over  an  inter- 
vening judgment  quieting  title  of  a  third 
party  against  the  insolvent. — Freeman  v. 
Spencer,   128  Cal.  394,   60  Pac.  979. 

195.  Same — Vested  devise. — Interest  of  in- 
solvent devisee  passes  to  his  assignee  under 
act  of  1880. — Newlove  v.  Mercantile  Trust 
Co.,  156  Cal.  657,  105  Pac.  971. 

196.  Same — Partnership  property. — Invol- 
untary Insolvency  proceeding  against  a 
partnership  is  properly  against  the  indi- 
viduals, as  partners,  and  the  separate  estate 
of  each  passes  to  the  assignee. — Wright  v. 
Cohn,  88  Cal.  328,   26  Pac.   600. 

197.  Same — Voluntary  assignment. — Pro- 
ceeding is  voluntary  act  of  insolvent,  and 
his  right  of  property  is  not  divested,  nor 
does  the  title  vest  in  the  assignee,  until 
there  is  a  valid  assignment. — Hastings  v. 
Cunningham,  39  Cal.  137. 

198.  Concealment  of  newly  discovered 
property. — The  assignee's  duty  to  the  credi- 
tors will  not  permit  him  to  conceal  property 
of  the  insolvent  discovered  after  the  dis- 
charge, nor  to  refuse  to  recover  it  and  divide 
the  proceeds  among  them. — Rued  v.  Cooper, 
109  Cal.  682.  34  Pac.  98. 

199.  Conveyance  of  nevrly  discovered 
property  to  insolvent. — The  assignee  is  not 
authorized  to  convey  to  the  insolvent  prop- 
erty discovered  after  discharge. — Rued  v. 
Cooper,  109  Cal.   682,  34  Pac.   98. 

200.  Delivery  of  property  to. — If  the  ex- 
amination of  the  insolvent  shows  that  he 
has  money  in  his  possession  belonging  to 
the  insolvent's  estate  the  court  may  order 
its  delivery  to  the  assignee. — Goodday  v. 
Superior  Court,   65   Cal.    580,    4   Pac.    626. 

201.  Discovery  of  property  after  dis- 
eliarge. — The  assignee  may  procure  an  ex 
parte  order  setting  aside  the  discharge  upon 
the  discovery  of  a  cause  of  action  to  recover 
property  of  the  insolvent. — Rued  v.  Cooper, 
109   Cal.   682,    34   Pac.   98. 

202.  Right  of  recovery.  —  Fraudulent 
transfer.- — The  assignee  may  recover  prop- 
erty fraudulently  transferred  by  insolvent 
within  a  month  prior  to  the  filing  of  the 
petition. — Ballou  v.  Andrews  Banking  Co., 
128  Cal.  562,  61  Pac.  102. 

203.  Remedies  of. — An  assignee  seeking 
to  recover  property  of  insolvent  has  the 
same  remedies  as  private  individual — -re- 
plevin, detinue,  trover. — Perkins  v.  Maier  & 
Zobelein   Brewery,   134  Cal.   372,   66   Pac.   482. 

204.  Recovery  of  personal  property The 

assignee  can  not  recover  personal  property 
transferred  by  the  insolvent  to  pay  a  debt 
more   than    thirty    days   prior   to    commence- 


131 


BANKRUPTCY    AND   INSOLVENCY. 


Act  392 


ment  of  proceeding?.— La  Point  v.  Boulware, 
104  Cal.  264,   37  Pac.   927. 

205.  Same. — The  assignee  may  recover 
personal  property  transferred  by  the  insol- 
vent under  a  sale  void  under  section  3440, 
Civil  Code,  from  the  transferee. — Brown  v. 
Bank  of  Napa,  77  Cal.  544,  20  Pac.  71;  Davis 
V.  Winona  Wagon  Co.,  120  Cal.  244,  52  Pac. 
487. 

206.  Right  io  set  aside  fraudulent  con- 
veyance.— A  complaint  in  an  action  by  an 
assignee  to  set  aside  conveyances  of  the 
insolvent  made  five  years  prior  to  adjudi- 
cation of  Insolvency,  which  does  not  allege 
any  express  trust,  or  actual  fraud,  or  con- 
structive fraud,  does  not  state  a  cause  of 
action. — Babcock  v.  Chase,  111  Cal.  351,  43 
Pac.   1105. 

207.  Action  for  conversion. — An  assignee 
lias  no  authority  to  maintain  an  action  for 
conversion  against  a  purchaser  at  fore- 
closure sale,  under  a  mortgage  by  his  In- 
solvent, made  more  than  thirty  days  prior 
to  the  filing  of  the  petition,  where  there  was 
no  apparent  violation  of  the  insolvent  act. — 
Perkins  v.  Maier  &  Zobelein  Brewery,  133 
Cal.   496,    65   Pac.    1030. 

208.  Rights  of  as  against  execution  levy. 
— Levy  of  execution,  in  absence  of  statute, 
creates  riglits  superior  to  those  of  the  as- 
.'signee  in  insolvency. — Hefner  v.  Herron,  117 
Cal.  473,   49  Pac.   586. 

209.  Petition  io  sell  the  Insolvent's  estate 

need  not  set  out  the  property  in  detail,  but 
a  reference  to  the  inventory  and  schedule  is 
.sufficient. — In  re  Corralitos,  etc..  Canning 
Co.,  130  Cal.  570,  62  Pac.  1076. 

210.  Sale — Vested  devise. — The  assignee 
was  authorized  to  sell  the  vested  interest  of 
an  insolvent  devisee  in  lands,  although  still 
in  the  possession  of  the  executor  under  the 
terms  of  the  devise. — Newlove  v.  Mercantile 
Trust  Co.,  156  Cal.   657,   105   Pac.   971. 

211.  Sale  of  insolvent's  estate, — Unlike  re- 
luirement  of  probate  law,  necessity  of  sale 
of  insolvent's  estate  need  not  be  shown. — 
In  re  Corralitos,  etc..  Canning  Co.,  130  Cal. 
.".70,  62  Pac.  1076. 

212.  Same. — Under  the  insolvent  law  the 
sale  must  be  made  "as  ordered  by  the 
court,"  and  the  court  may  direct  the  prop- 
erty to  be  sold  together  and  not  separately, 
and  may  direct  in  what  paper  and  for  what 
period  publication  of  notice  of  sale  may  be 
made. — In  re  Corralitos,  etc..  Canning  Co., 
130   Cal.    570,    62   Pac.    1076. 

212a.  Sale  by,  may  be  set  aside  on  the 
assignee's  motion  upon  equitable  grounds 
without  resort  to  bill  in  equity. — Tliompson 
V.  Superior  Court,  119   Cal.   538,   51    Pac.    863. 

213.  Petition  to  sell  the  estate  of  the  In- 
solvent is  not  objectionable  for  failure  to 
allege  that  the  property  has  been  assigned 
to  the  assignee  petitioner. — In  re  Corralitos, 
etc.,  Canning  Co.,   130  Cal.  570,  62   Pac.   1076. 

214.  Liability  of. — Except  in  case  of  neg- 
ligence, the  assignee  is  not  liable  for  money 
that  never  came  into  his  hands. — Estate  of 
Raley,  123  Cal.   38,   55   Pac.   790. 

215.  Same— Mistake  in  bookkeeping. — 
The  assignee  is  not  liable  for  moneys  never 


received  by  him,  notwithstanding  his  mis- 
take in  charging  himself  with  the  full 
amount  of  moneys  collected  by  former  as- 
signees and  crediting  himself  with  moneys 
paid  out,  Instead  of  charging  himself  with 
the  moneys  actually  received  from  them. — 
Estate  of  Raley,   123   Cal.   38.    55   Pac.   790. 

216.  Same  —  Expenses. — Credits  claimed 
by  the  assignee  for  expenses  must  come 
within  the  purview  of  section  32  of  the  act 
of  1895. — Estate  of  Raley,  123  Cal.  38,  55 
Pac.   790. 

217.  Itemized  account. — The  court  can  re- 
quire the  assignee  to  itemize  his  account 
and  may  in  its  discretion  refer  the  same 
to  a  referee  for  report. — Estate  of  Raley, 
123   Cal.   38,    55   Pac.    790. 

217a.  Settlement  of  account. — The  fact 
that  the  assignee  believes  that  he  has  dis- 
posed of  all  the  property  of  the  insolvent, 
and  has  settled  his  account  does  not  divest 
his  title,  nor  so  end  the  proceedings  that 
they  may  not  be  revived  upon  the  discovery 
of  other  property. — Rued  v.  Cooper,  109 
Cal.    682,    34   Pac.    98. 

218.  Commissions. — The  assignee  is  en- 
titled to  commissions  on  moneys  accounted 
for  in  his  quarterly  account,  as  a  preferred 
claim. — Estate  of  Raley,  123  Cal.  38,  55  Pac. 
790. 

219.  Disbursement  of  surplus. — Only  the 
surplus  over  the  amount  claimed  as  com- 
missions should  be  disbursed  and  distributed 
pro  rata  to  the  creditors. — Estate  of  Raley, 
123   Cal.   38,   55   Pac.   790. 

220.  PoTver  to  carry  on  business. — The 
assignee  has  no  power  under  the  insolvent 
act  to  carry  on  the  business  of  the  insol- 
vent, and  if  he  does  so  under  a  creditor's 
agreement  he  is  their  agent  and  they  are 
liable  as  his  principles. — Wilson  v.  Hender- 
son, 123  Cal.  258,  55  Cal.  986. 

I.   Assignments. 

221.  Void  uuless  made  under  act. — Under 
the  insolvent  act  every  species  of  assign- 
ment is  void  unless  made  under  the  provi- 
sions of  the  act. — Adams  v.  Woods,  8  Cal. 
152,   68  Am.  Dec.   313. 

222.  Construction  of. — Mogk  V.  Peterson, 
75  Cal.  496,  17  Pac.  446. 

223.  Growing  crop  on  homestead.  —  An 
assignment  of  all  real  and  personal  prop- 
erty generally,  does  not  pass  to  the  assignee 
a  crop  growing  on  the  insolvent's  home- 
stead.— Dascey  v.  Harris,  65  Cal.  357,  4  Pac. 
204. 

224.  Time  of  taking  effect. — Assignment 
takes  effect  by  relation  at  the  filing  of  the 
petition  and  order  staying  proceedings  is 
made. — Hastings  v.  Cunningham,  39  Cal. 
137. 

22,%.  Requirements,  under  the  act. — An 
assignment  within  the  law  must  embrace 
a  trust  for  third  persons. — Dana  v.  Stanford, 
10  Cal.  269;  Wellington  v.  Sedgwick,  12  Cal. 
469. 

::26.  Same^Must  embrace  a  trust. — Un- 
less the  assignment  embraces  a  trust  in 
favor  of  a  third  person,  it  amounts  to  noth- 
ing but  a  mortgage. — Dana  v.  Stanford,  10 
Cal.   269. 


Act  392 


GENE^RAL.   LAWS. 


13: 


227.     Asstgnment    for    benefit    of  creditors. 

— A  conveyance  to  a  creditor  as  security  Is 
not  an  assignment  for  the  benefit  of  credi- 
tors within  the  meaning  of  the  insolvent 
act. — Lawrence   v.  Neff,   41   Cal.   566. 

22S.  Same. — The  provisions  of  the  code 
permitting  such  assignments  had  the  effect 
of  repealing  pro  tanto  the  provisions  of 
section  39  of  the  act  forbidding  assignments 
except  under  the  act. — Dresbach  v.  Credi- 
tors,  63  Cal.  187. 

229.  Same. — Assignment  for  the  benefit 
of  creditors  made  under  the  provisions  of 
part  2,  title  3  of  the  Civil  Code,  would  not 
prevent  the  insolvent  from  receiving  a  dis- 
charge.— Dresbach    v.   Creditors,   63   Cal.   187. 

230.  Same. — Provisions  of  Civil  Code  not 
repealed  by  insolvent  act. — Hecht  v.  Green, 
61   Cal.   269. 

231.  Same. — Assignment  for  the  benefit 
of  creditors  not  made  in  conformity  witli 
the  statute  (1852)  is  void. — Chever  v.  Hays, 
3  Cal.   471. 

231a.  Same^Mortgage  not  an  a.ssign- 
ment  for  the  benefit  of  creditors,  when 
given  to  secure  indebtedness  and  protect 
creditors  from  liability  incurred  by  reason 
of  their  indorsement  of  insolvent's  paper, 
within  either  the  letter  or  spirit  of  section 
39  of  the  insolvent  act,  and  did  not  create  a 
trust  for  the  use  of  the  mortgagor,  within 
the  statute  of  frauds. — Dana  v.  Stanford, 
10    Cal.    269. 

232.  Same — Purpose  of  39th  section  of 
insolvent  act  (1852). — The  purpose  of  the 
act  was  to  do  away  with  voluntary  assign- 
ments for  the  benefit  of  creditors,  by  in- 
solvent debtors,  and  was  not  intended  to 
prevent  him  from  transferring  his  property 
to  his  creditor,  either  in  payment  of  his 
debts,  or  as  security  for  such  payment. — 
Dana  v.  Stanford,    10   Cal.    269. 

233.  Same — Repeal  of  code  provisions. — 
Tlie  provisions  of  the  Civil  Code  as  to  as- 
signments was  not  repealed  by  the  act  of 
1880. — Dresbach  v.  Creditors,  63  Cal.  187; 
Barroilhet  v.   Fisch,    63   Cal.    462. 

234.  Exempt  property  does  not  pass  by 
the  statutory  assignment  in  bankruptcy  to 
the  assignee. — Mogk  v.  Peterson,  75  Cal. 
496,    17    Pac.    446. 

234a.  'Sot  void  because  property  inven- 
toried too  Iiish. — Assignment  is  not  void 
because  some  debts  were  inventoried  too 
high,  in  the  absence  of  evidence  of  design; 
nor  for  a  mere  mistake  in  computation. — 
Barroilhet   v.    Fisch,    63   Cal.    462. 

■m.    Exemptions, 

235.  Objections  to, — Creditors  may  object 
to  setting  aside  property  without  filing 
any  paper,  on  an  application  for  exemption 
under  section  60  (1880). — In  re  Baldwin,  71 
Cal.    74,    12   Pac.   44. 

236.  Double  claim. — Where  a  certain  im- 
plement w^as  set  aside  for  an  insolvent 
farmer  under  section  60  of  the  insolvent 
act  (1880),  another  of  same  kind  can  not  be 
set  aside  unless  it  is  shown  that  the  first 
was  insufficient  for  his  needs. — In  re  Bald- 
win. 71  Cal.  74,  12  Pac.  44. 

237.  Farm    implemcnta.  —  Thrashing    ma- 


chine, owned  by  two  or  more  farmers  In 
common,  and  used  for  thrashing  their  crops, 
but  principally  in  thrashing  for  hire,  is  not 
exempt  from  execution,  and  can  not  be  set 
aside  out  of  the  insolvent  estate  of  one  of 
the  farmers  as  exempted  under  section  60  of 
the  insolvent  act. — In  re  Baldwin,  71  Cal. 
74,   12   Pac.    44. 

238.  Partnership  property  is  not  exempt 
from  forced  sale,  and  partners  are  not  en- 
titled under  the  insolvent  act  to  have  any 
part  set  apart  to  them  as  exempt,  although 
such  property  would  be  exempt,  if  owned 
solely  by  one  of  the  partners. — Cowan  v. 
Creditors,  77  Cal.  403,  11  Am.  St.  Rep.  294, 
19   Pac.   755. 

n.    Homestead. 

239.  Leased  property. — Where  a  home- 
stead consists  of  two  houses,  one  of  which 
is  used  exclusively  for  leasing  the  latter 
is  not  exempt  under  the  insolvent  law. — In 
re  Ligget,  117  Cal.  352,  59  Am.  St.  Rep.  190, 
49    Pac.    211. 

240.  Set  aside  only  on  insolvent's  request. 
— Homestead  can  be  set  aside  only  at  the 
request  of  the  insolvent. — La  Point  v. 
Blanchard,   101  Cal.   549,   36  Pac.  98. 

241.  Encumbrances  not  considered  in  fix- 
ing value. — Homestead  encumbrances  not  to 
be  considered  in  fixing  value. — Estate  of 
Herbert,   122  Cal.   329,   54  Pac.   1109. 

242.  Created  by  recorded  declaration. — 
The  court  must  set  aside  the  homestead 
created  by  recorded  declaration  as  in  the 
case  of  a  deceased  person,  and  has  no  power 
to  set  aside  a  homestead  of  more  than  $5000 
value,  but  must  require  a  portion  to  be  set 
apart,  or  sold  if  necessary. — Estate  of  Her- 
bert, 122  Cal.  329,  54  Pac.  1109. 

243.  Hotel. — An  insolvent  is  not  entitled 
to  have  property  used  primarily  as  a  hotel 
set  apart  to  him  as  a  homestead. — McDowell 
V.  His  Creditors,  103  Cal.  264,  42  Am.  St. 
Rep.    114,   35   Pac.    1031,   37   Pac.   203. 

244.  Under  act  of  1880. — Under  section  60 
of  the  insolvent  act  of  1880  a  homestead 
may  be  set  apart  to  the  insolvent,  although 
the  same  never  constituted  his  residence. — 
In   re  Bowman,    69   Cal.    244,    10   Pac.   412. 

245.  Opposition. — The  court  may  refuse 
to  set  apart  a  homestead  although  there 
may  be  no  written  opposition  tliereto. — In 
re  Ligget,  117  Cal.  352,  59  Am.  St.  Rep.  190. 
49   Pac.    211. 

o.  Property  covered  hy  lien. 
1.   Attachment. 

246.  Appointment  of  receiver  —  Effect 
upon  lien. — Attachment  lien  is  not  affected 
by  the  appointment  of  a  receiver  of  an  in- 
solvent's estate,  and  the  court  may,  not- 
withstanding such  lien,  order  the  sheriff 
to  deliver  the  attachment  property  to  the 
receiver,  notwithstanding  such  lien,  and  the 
receiver  takes  such  property  subject  to  the 
lien. — Von  Roun  v.  Superior  Court,  58  Cal. 
358.     See  also  ex  parte  Desmond,  59  Cal,  399. 

247.  Levy  of  vrithln  one  month. — An  at- 
tachment levied  at  12.30  p.  m.  on  the  same 
day  of  the  month  preceding  that  on  which 
the  petition  was  filed  in  the  succeeding 
month,    though    filed   at    4.20    p.    m.    is    levieo 


J 


133 


BANKRUPTCY    AND    INSOLVENCY. 


Act  392 


within  one  month  prior  to  filing  the  petition 
within  the  meaning  of  the  Insolvent  act. — 
Scoville  V.  Anderson,  131  Cal.  590,  63  Pac. 
1013. 

248.  Same. — Provision  as  to  dissolution 
of  attachments  made  within  one  month 
prior  to  adjudication  in  insolvency,  is 
equivalent  to  an  express  declaration  that 
other  liens  are  not  affected. — Vermont 
Marble  Co.  v.  Superior  Court,  99  Cal.  579,  34 
Pac.    326. 

See,  also,  Hefner  v.  Herron,  117  Cal.  473, 
49   Pac.    586. 

249.  Costs  in  \^TOngful  attachment. — 
Costs  incurred  In  a  wrongful  attachment 
can  not  be  recovered  as  a  legal  charge  un- 
der section  65  of  the  insolvent  act. — In  re 
Harvey,    3    Cal.   Unrep.    832,    32   Pac.   567. 

250.  Dissolution. — The  mere  filing  of  a 
creditor's  petition  is  not  sufficient  to  au- 
thorize the  court  to  dissolve  an  attachment 
against  the  debtor's  property. — Bertz  v. 
Turner,   102  Cal.   672,  36  Pac.   1014. 

251.  Same. — The  insolvency  act  had  the 
effect  of  dissolving  attachments  on  the  In- 
solvent's property  levied  within  two 
months  prior  to  filing  petition,  and  it  was 
proper  for  the  court  to  direct  the  officer  to 
release  such  an  attachment. — Baum  v. 
Raphael,  57  Cal.  361. 

252.  Release  of  sureties. — The  provisions 
of  section  45,  of  the  insolvent  act  of  1880, 
does  not  apply  to  attachments  within  one 
month  prior  to  commencement  of  insolvent 
proceedings,  such  attachments  being  dis- 
solved under  the  operation  of  section  17. — 
Rosenthal  v.  Parkins,  6  Cal.  Unrep.  21,  53 
Pac.   444. 

253.  Same — Redelivery  bond. — Where  a 
redelivery  bond  has  been  given  and  the  at- 
tachment thereby  dissolved,  and  no  attach- 
ment is  in  force  at  the  commencement  of 
Insolvency  proceedings,  the  sureties  on  such 
redelivery  bond  are  liable  thereon. — Rosen- 
thal v.  Perkins,  123  Cal.  240,  55  Pac.   804. 

See,  also,  San  Francisco  Sulphur  Co.  v. 
Aetna,  etc.,  Co.,  11  Cal.  App.  695,  106  Pac. 
Ill;  Credit  Association  v.  Griffin,  32  Cal. 
App.   598,    163    Pac.    695. 

2.  Execution. 

254.  Levy  within  one  month. — Levy  un- 
der execution  made  within  one  month  prior 
to  adjudication  in  insolvency  under  the  act 
of  1880  is  not  dissolved  or  affected,  and 
property  may  be  sold  thereunder  after  ad- 
judication.— Elliott  V.  Warfield,  122  Cal.  632, 
55  Pac.   409. 

254a.  Not  affected  by  adjudication. — Exe- 
cution lien  is  not  affected  by  a  subsequent 
adjudication  in  insolvency  of  the  execution 
debtor,  and  the  appointment  of  the  sheriff 
as  receiver  of  his  estate. — Ward  v.  Healy, 
114  Cal.   191,   45  Pac.   1065. 

See,  also,  Vermont  Marble  Co.  v.  Superior 
Court,    99    Cal.    579,    34   Pac.    326. 

3.  Mechanics. 

255.  Not  provable  in  Insolvency  proceed- 
ings.— Debt  secured  by  mechanics'  lien  is 
not  provable  in  an  insolvency  proceeding, 
and  foreclosure  thereof  is  not  stayed  there- 
by.—Bradford    v.    Dorsey.    63    Cal.    122. 


4.  Mortgage. 

256.  Foreclosure      suits      not      covered. — • 

Transfer  of  suits  against  the  insolvent  un- 
der section  14,  does  not  apply  to  suits  to 
foreclose  mortgages  or  other  liens. — Rix  v. 
McHenry,   7   Cal.   89. 

257.  Mortgage  liens  not  aflfected  by  pro- 
ceedings.— Mortgage  liens  created  before 
the  application  in  insolvency,  are  not  af- 
fected, but  the  right  of  the  assignee  in  in- 
solvency is  confined  to  the  surplus. — Rix  v. 
McHenry,   7   Cal.   82. 

258.  Chattel     mortgage — Delayed     record. 

— Chattel  mortgage  as  to  creditors  of  the 
Insolvent  mortgagor,  where  the  record  was 
delayed  six  months,  and  recorded  only  two 
days  prior  to  the  mortgagor's  adjudication 
in  Insolvency,  and  where  the  creditors, 
without  notice  of  the  mortgage,  gave  him 
credit. — Ruggles  v.  Cannedy,  127  Cal.  290, 
46  L.   R.  A.   371,    53   Pac.   911. 

See,  also,  Beamer  v.  Freeman,  84  Cal.  554, 
24   Pac.    169. 

259.  Possession  of  mortgagee— Knowl- 
edge .  of  insolvency. — It  is  immaterial 
whether  the  mortgagee  has  reason  to  be- 
lieve that  the  mortgagor  was  insolvent  at 
the  time  possession  was  taken,  the  mort- 
gage being  valid. — Perkins  v.  Maier  & 
Zobelein  Brewery,  133  Cal.  496,  65  Pac.  1030. 

260.  Holding  title  as  security  for 
purciiase  price. — One  who  sells  land  taking 
promissory  notes  in  payment,  and  retains 
title  to  the  land  as  security,  can  not  after- 
wards, on  the  adjudication  of  insolvency  of 
the  buyer  claim  payment  of  the  notes  with- 
out surrendering  the  title  to  the  land  to 
the  assignee. — In  re  Harvey,  3  Cal.  Unrep. 
832,  32  Pac.  567. 

261.  Claim  secured  by  mortgage  on  ex- 
empt property. — Creditor  whose  claim  is 
partly  secured  by  a  mortgage  lien  upon 
exempt  property  which  never  reached  the 
hands  of  the  assignee.  Is  in  the  position  of 
the  lienholder  upon  the  property  of  a  third 
person,  which  he  could  not  be  expected  to 
surrender  before  receiving  dividends  from 
the  insolvent  estate. — Estate  of  Levin 
Brothers,   139   Cal.   350,    73   Pac.    159. 

262.  Same — Right  to  dividends. — A  credi- 
tor, whose  claim  is  partly  secured  by  mort- 
gage lien  upon  homestead  of  insolvent  set 
apart  under  the  act,  is  entitled  to  dividends 
upon  the  full  amount  of  his  claim,  and  after 
receiving  full  dividends  from  the  assets  of 
the  insolvent  firm,  he  may  exhaust  the  se- 
curity by  foreclosure. — Estate  of  Levin 
Brothers,    139   Cal.    350,    73    Pac.    159. 

263.  Order  staying  proceedings  does  not 
prevent  mortgage  foreclosure. — Stay  order 
docs  not  prevent  a  mortgagee  from  foreclos- 
ing.— Montgomery  v.  Merrill,  62  Cal.  385. 

p.    Fraudulent   transfers. 

264.  A  transfer  made  to  liinder,  delay, 
and  defraud  creditors  is  void  under  section 
3439,  Civil  Code,  whether  made  to  a  creditor 
or  a  non-creditor,  and  may  be  avoided  at 
the  instance  of  creditors  or  an  a.ssignee  In 
insolvency. — Salisbury  v.  Burr,  114  Cal.  451. 
46   Pac.    270. 


Act  392 


GENERAL.   LAWS. 


134 


2C5.  Same. — A  sale  made  to  hinder,  delay, 
and  defraud  creditors  is  absolutely  void  and 
not  merely  voidable,  as  to  creditors,  and  the 
receiver  is  their  agent  with  authority  to 
treat  such  sale  as  void. — Tapscott  v.  Lyon, 
103    Cal.    297,    37   Pac.    225. 

266.  Insolvent  act  deals  v\'itk  transfers 
to  creditors  only. — The  insolvent  act  (§  55) 
deals  with  transfers  designed  to  give  pref- 
erence to  creditors,  and  does  not  apply  to 
transfers  to  other  than  creditors  to  defraud 
creditors. — Salisbury  v.  Burr,  114  Cal.  451, 
46   Pac.   270. 

267.  Transfers  vcitliin  one  month. — A 
transfer  of  property  by  an  insolvent,  to  a 
creditor,  made  within  a  month  before  the 
filing  of  his  petition,  under  circumstances 
which  show  that  the  transfer  was  intended 
as  a  preference,  is  in  violation  of  section  55 
of  the  act  (1S80),  is  void,  and  no  previous 
demand  by  the  assignee  is  necessary  to 
maintain  an  action  for  possession. — Cerf  v. 
Phillips,   75  Cal.   185,    16   Pac.   778. 

268.  Same. — Unless  a  transfer  is  naade 
within  a  month  prior  to  commencement  of 
proceedings  in  insolvency,  and  with  Intent 
on  the  part  of  the  debtor  to  give  a  prefer- 
ence thereby,  the  views  and  motives  of  the 
creditor,  and  his  knowledge  of  the  existence 
of  insolvency,  are  immaterial. — Haas  v. 
Whittier,  Fuller  &  Co.,  87  Cal.  613,  25  Pac. 
917. 

269.  No  preference  is  fraudulent  under 
§§  49  and  55,  unless  made  within  one  month 
prior  to  filing  the  petition,  and  an  objection 
that  the  Insolvent,  a  year  and  eight  months 
prior  to  such  filing,  paid  certain  creditors 
in  full,  knowing  at  the  time  that  he  was 
insolvent  and  with  intent  to  prefer  them, 
is  not  a  valid  objection. — Dyer  v.  Bradley, 
89    Cal.    557,    26    Pac.    1103. 

270.  Transfer  in  preference  to  creditor 
not  necessarily  fraudulent. — A  transfer  is 
not  necessarily  fraudulent  though  the  In- 
solvent debtor  and  the  creditor  know  that 
it  will  have  the  effect  of  defeating  other 
creditors  in  the  collection  of  their  debts. 
— Dana  v.   Stanford,    10   Cal.   269. 

271.  No  rule  of  la'W  to  prevent  an  insol- 
vent   deJ>tor   from   giving:   preference There 

is  no  rule  of  law  which  prevents  a  debtor, 
in  insolvent  circumstances,  from  the  appli- 
cation of  his  property  to  the  payment  of 
one  debt  rather  than  another. — Randall  v. 
Bufflngton,    10    Cal.    491. 

272.  Same — Section  30  does  not  proliibit 
preferences. — Section  39  of  the  act  contains 
nothing  prohibiting  an  insolvent  from  con- 
veying his  property,  either  absolutely  or 
as  security,  directly  to  one  of  his  creditors 
to  the  exclusion  of  the  rest. — Lawrence  v. 
Neff,   41   Cal.   566. 

273.  Trsmsferee's  knovrledge  of  insol- 
vency.— When  transferee  knows  sufficient 
facts  to  put  him  on  inquiry,  he  will  be 
charged  with  reasonable  cause  to  believe  the 
debtor  to  be  insolvent. — Washburn  v.  Hunt- 
ington, 78  Cal.  573,  21  Pac.  305. 

274.  Transfer  to  secure  fuiure  payments 
—Good  faitli  of  transferee — Isnorance  of  in- 
aolveucy. — A  transfer  of  property  to  secure 
future  payments,   and    not   for   previous   lia- 


bility is  not  a  fraudulent  preference  under 
the  insolvent  act,  where  the  transferee  paid 
full  value,  and  did  not  know  or  have  rea- 
son to  know  that  the  transferor  was  in- 
solvent, notwithstanding  the  transfer  was 
made  within  30  days  prior  to  the  filing  of 
the  petition. — Haskin  v.  James,  96  Cal.  258, 
31   Pac.   36. 

275.  Transferee's  irant  of  notice  of  sell- 
er's fraud. — Transfer  can  not  be  vacated  for 
fraud  of  seller  where  the  buyer  had  no 
part  therein  and  no  notice  of  the  fraud. — 
Grunsky  v.  Parlin,  110  Cal.  179,   42  Pac.  575. 

276.  Creditor's  knovrledge  of  insolvency 
implied,  ■wiien. — A  creditor  can  not  wilfully 
shut  his  eyes  to  the  means  of  information 
which  he  knows  is  at  hand,  and  if  he  does 
so,  his  willing  ignorance  is  equivalent  to 
actual  knowledge. — Levy  v.  Irvine,  134  Cal. 
664,    66   Pac.    953. 

377.  Same. — When  the  means  of  knowl- 
edge were  ample,  and  the  creditor  had  op- 
portunity to  know  from  the  books  placed 
in  his  hands,  he  is  charged  with  knowledge. 
If  he  fails  to  make  an  investigation. — Levy 
v.   Irvine.    134   Cal.   664,    66   Pac.    953. 

278.  Transfer  out  of  the  usual  course  of 
business. — Transfer  from  debtor  to  creditor 
not  in  the  usual  course  of  business  is 
prima  facie  fraudulent,  and  sufficient  to 
charge  transferee  with  notice  of  insolvency. 
— Godfrey  v.  Miller,  80  Cal.  420,  22  Pac.  290. 

279.  Same. — A  transfer  from  the  debtor 
to  a  creditor  not  in  the  usual  or  ordinary 
course  of  business  Is  prima  facie  evidence 
that  the  transferee  had  reasonable  cause 
to  believe  that  the  debtor  was  insolvent 
and  that  the  transfer  was  made  to  prevent 
tlie  property  from  reaching  his  assignee  In 
insolvency  for  the  benefit  of  the  creditors. 
— Washburn  v.  Huntington,  78  Cal.  573,  21 
Pac.    305. 

250.  Same— Prima  facie  presumption. — A 
transfer  to  a  creditor  not  in  the  usual 
course  of  business  is  prima  facie  presumed 
to  be  a  preference  in  violation  of  section  55 
of  the  act;  but  such  presumption  may  be 
overcome  by  counter  evidence  that  no  pref- 
erence was  intended. — Haas  v.  Whittier,  97 
Cal.    411,    32   Pac.    449. 

251.  Same — Same — Prima  facie  presump- 
tion of,  is  overturned  by  uncontradicted 
evidence  of  debtor  and  creditor  that  no 
preference  was  intended  and  that  both  in- 
tended that  all  creditors  should  be  treated 
alike. — Haas  v.  Whittier,  97  Cal.  411,  32  Pac. 
449. 

282.  Same— Transfer  on  Sunday  with 
kno^vledge  of  attachment. — A  transfer  of  a 
horse  and  buggy  from  debtor  to  creditor, 
on  a  Sunday,  without  trial,  with  knowledge 
that  other  property  of  the  debtor  was  at- 
tached the  preceding  day,  and  that  another 
attachment  was  expected  the  following  day, 
was  not  in  the  usual  course  of  business,  and 
the  transferee  will  be  held  to  have  been 
charged  with  notice  of  insolvency. — Godfrey 
v.   Miller,    80   Cal.   420,    22   Pac.    290. 

283.  Same — Hill  of  sale  of  entire  stock 
in  trade  is  not  in  the  usual  course  of  busi- 
ness, and  is  prima  facie  fraudulent  and  void 


135 


BANKRUrTCY    AND    IXSOLVENCY. 


Act  39-2 


as  to  creditors. — Chevalier  v.  Commlns,  106 
Cal.   680,   39  Pac.   929. 

384.     Same — Entire      stock      in      trade. — A 

transfer  by  a  merchant  of  his  entire  stock 
in  trade  to  a  creditor  is  not  In  the  usual 
course  of  business,  and  when  made  by  an 
insolvent  debtor,  upon  proof  thereof,  the 
burden  is  on  the  purchaser  to  disprove 
fraud  by  showing  ig-norance  of  the  intent 
of  the  Insolvent  to  make  a  fraudulent  pref- 
erence.— Tapscott  V.  Lyon,  103  Cal.  297.  37 
Pac.   225. 

285.  Same — Books  of  account. — Transfer 
of  book  accounts,  made  by  means  of  orders 
drawn  on  debtors  in  favor  of  insolvent's 
creditor.  Is  an  assignment  out  of  the  usual 
and  ordinary  course  of  business  within  the 
meaning  of  the  act. — "Washburn  v.  Hunting- 
ton, 78  Cal.  573,   21  Pac.  305. 

286.  Same — Same. — Transfer  of  accounts, 
books,  journal,  ledger  and  blotter  of  firm, 
to  the  father-in-law  of  one  of  the  partners, 
residing  In  another  county,  is  not  in  the 
usual  course  of  business,  and  is  prima  facie 
fraudulent,  and  the  burden  is  thrown  on 
the  defendant  In  an  action  by  the  assignee 
for  the  recovery  of  the  property  to  show 
the  contrary. — Ballou  v.  Andrews  Banking 
Co.,   128  Cal.  562,   61  Pac.   102. 

287.  Same — Same. — Transfer  of  a  part  or 
Of  all  of  a  Arm's  books  is  not  In  the  usual 
course  of  business. — Ballou  v.  Andrews 
Banking  Co.,  128  Cal.  562,  61  Pac.  102. 

288.  Same — Instruction  held  out  of  place. 
— An  instruction  as  to  knowledge  or  reason 
to  know  the  Insolvency  of  the  transferor, 
on  the  part  of  the  transferee,  is  out  of  place 
If  It  omits  to  Include  the  question  as  to 
the  transfer  out  of  the  usual  course  of 
business  where  the  evidence  shows  the 
transfer  of  the  stock  of  goods. — Matthews 
V.  Chaboya,   111   Cal.    435,   44    Pac.    169. 

289.  Action  by  a.s.signee — Creditor  with- 
out knowledge  of  in.solvency. — In  an  action 
by  assignee  to  recover  property  alleged  to 
have  been  transferred  in  preference  of  a 
creditor  in  violation  of  the  insolvent  act, 
findings  that  defendant  neither  knew  nor 
believed,  nor  had  reasonable  cause  to  be- 
lieve transferor  was  insolvent  or  made  the 
transfer  in  contemplation  of  insolvency,  are 
sufficient  to  support  a  judgment  for  defend- 
ant.— Smith  V.  Fratt.  4  Cal.  Unrep.  821,  37 
Pac.   1033. 

289a.  Same — Transfer  eight  months  prior 
to  commencement  of  proceedings. — Action 
by  assignee  to  recover  property  transferred 
by  the  insolvent  eight  months  prior  to  com- 
mencement of  proceedings.  Nonsuit. — Mc- 
Neil V.  Hansen,  115  Cal.  214.  46  Pac.   10G5. 

289b.  Same  —  Unsncces.sf ul  defense  —  At- 
torney's fee. — Trustee  of  property  conveyed 
In  trust  less  than  thirty  days  before  com- 
mencement of  proceedings  is  not  entitled 
to  attorney's  fees  for  unsuccessfully  defend- 
ing an  action  for  tlieir  recovery  brought  by 
the  assignee. — Sanger  v.  Ryan,  122  Cal.  52, 
64    Pac.    522. 

290.  Qucistlon  of  Intent  is  one  of  fact,  not 
of  law. — Question  of  intent  of  insolvent  is 
one  of  fact  and  not  of  law. — Haas  v.  Whit- 
tier,   97   Cal.    411,   32   Pac.   449. 


291.  Motives  of  creditor  Immaterial, 
when. — Motives  of  creditor  are  Immaterial, 
if  debtor  does  not  intend  a  preference. — 
Haas    V.   Whittier.    97    Cal.    411,    32    Cal.    449. 

292.  Payment  of  debt  incurred  in  fidu- 
ciary capacity. — The  fact  that  a  fraudulent 
transfer  is  made  in  part  payment  of  in- 
debtedness for  moneys  held  in  a  fiduciary 
capacity,  does  not  relieve  the  transaction 
of  its  fraudulent  character. — Godfrey  v. 
Miller,    80    Cal.    420,    22    Pac.    290. 

293.  Sale  of  entire  .stock  of  goods  with 
intent  to  give  preference. — One  admittedly 
an  insolvent  can  not  pay  one  creditor  with 
intent  to  make  a  preference,  and  if  he  sells 
his  entire  stock  of  goods  to  a  creditor  with 
such  Intent,  and  the  creditor  is  aware  of 
that  fact,  the  sale  is  void,  although  full 
value  was  paid  and  applied  to  pay  an  honest 
debt. — Tapscott  v.  Lyon,  103  Cal.  297,  31 
Pac.  225. 

294.  Good  faith  of  transferee — Payment 
of  full  value. — Where  transferee  paid  full 
value  for  goods.  In  good  faith,  without 
knowledge  of  fraudulent  Intent  on  part  of 
insolvent  the  transfer  can  not  be  attacked 
as  fraudulent. — Haskin  v.  James,  96  Cal  258, 
31  Pac.   36. 

See,  also,  Albertoll  v.  Branham,  80  Cal. 
631,  13  Am.  St.  Rep.  200,  22  Pac.  404. 

295.  Purchase  by  copartner  at  public 
auction. — Purchase  by  copartner  of  books 
of  account  of  insolvent  firm  at  public  auc- 
tion, not  made  with  insolvent  effects,  may 
be  made,  and  such  copartner  may  enforce  a 
claim  in  favor  of  the  firm  against  the  es- 
tate of  an  insolvent  copartner. — In  re  Levy 
v.  Schwab  (Bank  of  Woodland  v.  Schwab), 
130  Cal.   282,   62  Pac.   520. 

296.  Transfer  void  as  to  transferee  and 
subsequent  transferees. — Where  a  transfer 
by  an  insolvent  is  void  as  against  creditors. 
It  is  void  as  to  a  second  transferee. — Ballou 
V.  Andrews  Banking  Co.,  128  Cal.  562,  61 
Pac.    102. 

297.  Prima  facie  case  rebutted — Prima 
facie  case  of  fraudulent  transfer  success- 
fully rebutted. — In  re  Muller,  118  Cal.  432, 
50   Pac.    660. 

29S.  Confession  of  judgment  In  favor  of 
creditor. — Confession  of  judgment  In  favor 
of  creditor  Is  not  alone  sufficient  to  sustain 
an  action  by  the  assignee  on  ground  of 
fraudulent  preference. — Bernheim  v.  Chris- 
tal,    76   Cal.   567,   18   Pac.    683. 

299.  Prohibition  to  restrain  asslgrnee's  ac- 
tion.— Prohibition  will  not  lie  against  an 
assignee  in  insolvency  to  prevent  the  bring- 
ing of  an  action  to  recover  property  of 
the  insolvent  transferred  In  a  fraudulent 
preference. — Goddard  v.  Superior  Court,  90 
Cal.    364,    27   Pac.    298. 

299n.  Transfer  to  hinder,  delay,  and  de. 
fraud  creditors  by  one  who  is  insolvent  in^ 
volves  actual  fraud  and  not  merely  legal 
fraud. — In  re  Strock,  128  Cal.  658,  61  Pac. 
282. 

299b.  Act  construed  as  to  fraud. — The 
fraud  referred  to  in  section  55  of  the  act 
(1880)  is  construed  to  mean  fraud  on  the 
provisions  of  tlie  act. — Wasliburn  v.  Hunt- 
ington,  78   Cal.   573,   21   Pac.   305. 


Act  at)2 


ge:iV£ral  laws. 


136 


q.   Debts  in  fiduciary  capacity. 

300.  A  dealer  in  minins  stocks  who  re- 
ceives money  to  buy  stock  for  another,  buys 
the  stock,  sells  it  at  a  profit,  and  refuses 
to  deliver  either  stock  or  proceeds  on  de- 
mand, such  proceeds  are  held  in  trust,  and 
the  obligation  created  is  one  created  in  a 
fiduciary  capacity,  and  is  not  affected  by 
his  discharge  in  insolvency. — Herrlich  v.  Mc- 
Donald,  80  Cal.  472,   22  Pac.  299. 

r.    Hearing  and  trial. 

301.  Time    set    for   lienring — Adjoiirninent 

of  court.— The  fact  the  court  was  adjourned 
though  not  for  the  term,  at  the  time  ap- 
pointed for  the  hearing  of  objections,  and 
at  the  time  Of  such  hearing,  is  no  objection 
to  the  validity  of  the  proceedings,  it  not 
appearing  that  the  parties  suffered  injus- 
tice.— Clarke   v.   Ray,    6   Cal.    600. 

301a.  Fraud — Tlie  issue  of  fraud  should 
be  tried  by  a  jury  as  provided  in  section  20. 
— Davenport  v.  Creditors,  62  Cal.  29. 

s.  Evidence. 

302.  Prima  facie  evidence  of  fraud  sub- 
ject to  rebuttal. — Prima  facie  evidence  of 
fraud  in  sale  of  property  out  of  the  usual 
course  of  business  is  subject  to  rebuttal. — 
Grunsky  v.  Parlin,  110  Cal.  179,  42  Pac.   575. 

303.  Certified  copy  of  assignment  is  con- 
clusive evidence  of  right  of  assignee  to 
bring  an  action  for  the  recovery  of  property 
of  the  insolvent  transferred  in  violation  of 
the  provisions  of  the  insolvent  act  within 
thirty  days  prior  to  the  filing  of  the  peti- 
tion.— Riego  V.  Foster,  125  Cal.  178,  57  Pac. 
896. 

304.  Same. — Certified  copy  of  assignment 
is  conclusive  evidence  under  section  18  of 
the  insolvent  act  of  the  assignee's  authority, 
and  such  authority  can  not  be  collaterally 
attacked  when  such  certificate  is  presented 
in  evidence  in  support  thereof. — Fitzgerald 
V.  Neustadt,  91  Cal.  600,   27  Pac.  936. 

SO.'i.  Same  —  IjCgislative  power  to  make 
rule. — There  is  no  reason  why  the  legisla- 
ture had  not  the  power  to  make  such  a  rule 
of  evidence. — Fitzgerald  v.  Neustadt,  91  Cal. 
600,  27  Pac.  936. 

306.  Fraudulent  understanding. — Evidence 
of  an  understanding  between  the  insolvent 
and  the  transferee,  that  he  w^ould  trade 
with  no  one  else,  and  that  if  he  failed  in 
business  he  would  turn  over  the  business  to 
such  transferee,  is  admissible  to  show  in- 
tent; and  such  an  agreement,  if  good  be- 
tween the  parties  is  void  as  to  creditors, 
and  is  no  defense  to  an  action  by  the  as- 
signee for  the  recovery  of  the  property 
transferred  in  accordance  with  Its  terms. — 
Chevalier  v.  Commins,  106  Cal.  580,  39  Pac. 
829. 

307.  Conflict  as  to  fraudulent  transfer. — 
In  an  action  by  an  assignee  to  recover  per- 
sonal property  alleged  to  have  been  fraud- 
ulently transferred,  and  the  question  is  as 
to  whether  there  is  a  conflict  of  evidence 
as  to  the  purpose  of  the  transfer,  the  fact 
that  the  evidence  goes  to  show  that  one  of 
the  witnesses  who  testified  had  acted  in  bad 
faith  and  was  unworthy   of  belief   is  imma- 


terial— Chevalier  v.   Commins,    106   Cal.   580, 
39  Pac.   929. 

30S.  Prima  facie  evidence  of  fraudulent 
transfer. — The  transfer  of  a  mercantile  busi- 
ness to  a  creditor,  in  satisfaction  of  his 
claim,  within  one  month  prior  to  the  filing 
of  a  creditor's  petition  is  prima  facie  evi- 
dence of  fraud,  and  the  transferee  has  rea- 
sonable cause  to  believe  the  fact  of  insol- 
vency; but  this  prima  facie  evidence  may  be 
rebutted. — Matthews  v.  Chaboya,  111  Cal. 
435,    44   Pac.    169. 

309.  Same — Sufiicicnt  to  set  aside  trans- 
fer.— Transfer  to  a  creditor,  under  all  the 
conditions  which  under  section  55  render  it 
a  fraudulent  preference,  of  property  occu- 
pied, but  not  claimed,  as  a  homestead,  is  suf- 
ficient ground  to  set  the  same  aside  at  the 
suit  of  the  assignee,  and  to  restore  the 
property  to  the  estate  of  the  insolvent. — La 
Point  V.   Blanchard,   101  Cal.   549,  36  Pac.   98. 

310.  Same — Transfer  not  in  usual  course 
of  business. — Transfer  out  of  usual  course 
of  business  is  merely  prima  facie  evidence  of 
fraud,  and  may  be  overcome  by  proof  of 
creditor's  good  faith,  without  knowledge 
of  debtor's  insolvency,  and  without  intent 
to  secure  a  preference. — Bernheim  v.  Chris- 
tal,  76  Cal.   507,  18  Pac.   683. 

311.  Kno-»vledse  of  insolvency  —  Admis- 
sions.— Conversations  with  third  persons,  in 
which  debtor  admitted  insolvency,  are  ad- 
missible in  support  of  allegation  of  reason- 
able cause  to  believe  against  transferee  of 
insolvent  debtor. — Washburn  v.  Huntington, 
78  Cal.   573,    21   Pac.   305. 

312.  Aftidavit  of  insolvent  required  by 
section  49  is  properly  admissible  in  evidence 
to  show  what  he  intended  to  show  at  the 
trial  of  the  opposition  of  the  creditors  to  his 
discharge. — In  re  Harris,  81  Cal.  350,  22  Pac. 
867. 

313.  Proof  of  non-citizenship — non-resi- 
dence.— Must  be  made  by  one  who  claims 
the  benefit  of  such  fact. — Porter  v.  Innis,  79 
Cal.   183,   21   Pac.  729. 

313a.  Account  books — Failure  to  present 
is  prima  facie  fraudulent.  —  An  insolvent 
must  deposit  in  the  clerk's  office  his  books 
of  account  for  inspection  of  creditors,  and 
his  failure  to  do  so,  or  explain  such  failure, 
is  prima  facie  evidence  of  fraud  to  the  in- 
jury of  his  creditors. — Schloss  v.  Creditors, 
31   Cal.    201. 

313b.  Certificate  of  discliarge  is  prima 
facie  evidence  of  regularity  of  proceedings. 
— A  discharge  is  prima  facie  evidence  of 
regularity  of  proceedings. — Pope  v.  Kirch- 
ner,  77  Cal.  152,  19  Pac.   264. 

313c.  Same. — Certificate  of  discharge  is 
prima  facie  evidence  of  the  regularity  of 
the  proceedings. — Herrlich  v.  McDonald,  80 
Cal.  472,  22  Pac.  299. 

t.   Instructions. 

314.  Fraud  in  execution  of  deed — Instruc- 
tion erroneous. — Where  fraud  is  charged  in 
the  execution  of  a  deed  to  his  property 
shortly  prior  to  making  application  for  a 
discharge,  it  is  error  to  instruct  the  jury 
"That  to  find  the  charge  of  fraud  sustained, 
they  must  believe  the  deed  made  with  In- 
tent to  defeat,  hinder  or  delay  creditors,  and 


137 


BANKRUPTCY    AND    INSOLVENCY. 


Act  392 


to  have  been  actually  delivered  to  grantees; 
that  proof  of  record  was  no  proof  of  deliv- 
ery."— Fisk  V.  Creditors,  12  Cal.   281. 

315.  Fraudulent  intent  —  Instruction  er- 
roneous.— An  Instruction  as  to  fraudulent 
intent  is  error  where  the  fraud  is  a  legal 
fraud  and  no  evidence  of  actual  fraud  ex- 
ists.— Matthews  v.  Chaboya,  111  Cal.  435,  44 
Pac.   169. 

u.  Findings  and  conclusions. 

316.  Unnecessary. — Formal  findings  and 
conclusions  of  law  are  not  necessary  upon 
an  adjudication  of  insolvency. — In  re  Clarke, 
125  Cal.  388,  58  Pac.  22. 

317.  Finding  of  indebtedness  is  suffi- 
ciently supported  by  evidence  that  the  in- 
debtedness in  the  aggregate  is  equal  to  the 
exact  sum  of  several  items  of  indebtedness 
set  forth  in  the  petition,  although  not  in- 
curred in  the  manner  therein  stated. — In  ro 
Abbott,  74  Cal.  381.  16  Pac.  21. 

V.  Adjudication  of  insolvency. 

318.  May  be  made  on  return  day  of  order 
to  shoTv  cause,  vcitbout  meeting  of  creditors. 

— The  court  may  adjudge  a  party  insolvent 
in  an  involuntary  proceeding  on  the  return 
day  of  the  order  to  show  cause,  without 
waiting  for  a  meeting  of  creditors. — Lyon  v. 
Crosby,   64   Cal.   34,   27  Pac,  786. 

319.  VVlien  made. — Adjudication  of  insol- 
vency occurs  when  order  is  made  for  meet- 
ing of  creditors. — Cerf  v.   Oaks,   59   Cal.   132. 

320.  Order  is  interlocutory — Entry  in  min- 
utes— The  order  is  interlocutory  and  should 
be  entered  in  the  minutes,  but  the  failure  to 
do  so,  or  an  incomplete  or  informal  entry, 
does  not  render  the  adjudication  invalid,  if 
the  order  is  sufficient  in  form  and  substan- 
tial.— In   re   Clarke,   125  Cal.   388,   58   Pac.   22, 

321.  Order  relates  baclc  to  the  date  the 
petition  was  filed. — State  Inv.,  etc.,  Co.  v. 
San  Francisco,   101  Cal.   135,   35  Pac.  549. 

322.  Order  Is  sullicient  proof,  ■wlien. — Ad- 
judication in  voluntary  insolvency  is  suffi- 
cient proof,  in  the  absence  of  a  contrary 
showing,  of  inadequacy  of  the  debtor's  prop- 
erty to  pay  his  debts. — Ruggles  v.  Cannedy, 
127  Cal.   290,  46  L.  R.  A.  371,  53  Pac.  911. 

323.  Sufficiency  of  order. — Adjudication  is 
sufficient  if  the  defendant  is  adjudged  in- 
solvent on  a  specific  date  prior  to  the  filing 
of  the  petition,  and  ever  since  has  been,  and 
still  is,  and  its  sufficiency  is  not  affected  by 
the  unnecessary  conclusion  of  law  that  the 
defendant  was  insolvent. — In  re  Clarke,  125 
Cal.  388,   58  Pac.   22. 

32:ia.  Attorney's  fee  for  contesting  adju- 
dication in  insolvency. — The  insolvent  act 
makes  no  provision  for  an  attorney's  fee  for 
contesting  adjudication. — In  re  Close,  106 
Cal.    574,   39    Pac.   1067. 

w.  Notice  of  adjudication. 

324.  mailing  sufficient,  M-lien. — Where  the 
place  of  residence  of  the  creditors  only  ap- 
pears in  the  petition,  addressing  the  notice 
to  tlie  residences,  instead  of  to  their  places 
of  business,  held  not  material. — Pope  v. 
Kirchner.   77   Cal.    152,   19   Pac.    264. 

325.  CIcrlcut  error  in  allidavit  of  mulling, 


held  not  material. — Pope  v.  Kirchner,  77  Cal. 
152,   19   Pac.    264. 

326.  Clerical     error     In     publication.  —  A 

slight  clerical  error  in  the  spelling  of  the 
insolvent's  name  is  not  material  where  the 
name  is  published  twice  correctly  in 
the  same  notice. — Pope  v.  Kirchner,  77  Cal. 
152,   19  Pac.  264. 

X.  Discharge. 

327.  Pending  appeal  from  order  setting 
apart  homestead. — Under  sections  48  and  49 
the  insolvent  is  entitled  to  a  discharge,  sub- 
ject to  the  right  of  the  creditors  to  oppose 
the  same  on  stated  grounds,  but  the  order 
setting  apart  a  homestead  under  sectipns  60 
and  67  is  not  one  of  these  grounds,  and  an 
appeal  pending  from  such  order  does  not 
affect  the  right  to  a  discharge. — Demartin  v. 
Demartin,  85  Cal.  76,  24  Pac.  596. 

328.  Pending  election  of  assignee  — Ap- 
pointment of  assignee. — The  insolvent  has 
nothing  to  do  with  the  appointment  of  the 
assignee,  and  he  is  not  prevented  from  ask- 
ing for  his  discharge  by  the  delay  of  the 
creditors  in  electing  an  assignee. — In  re 
Harris,  81  Cal.  350,  22  Pac.  867. 

329.  Objections   to    discharge   may    be    on 

either  of  two  grounds:  First,  illegality  in 
appointment  of  assignee,  which  raises  a 
question  of  law  for  the  court;  and,  second, 
fraud  committed  by  insolvent,  which  raises 
a  question  of  fact  for  the  jury. — Wilson  v. 
Creditors,  32  Cal.  406. 

330.  Assignee  may  oppose  on  g^round  of 
fraud  of  insolvent,  and  is  not  precluded 
from  so  doing  because  of  acceptance  of 
office  of  assignee. — Hinkel  v.  Creditors,  63 
Cal.   328. 

331.  Creditor's  opposition. — Each  creditor 
may  file  his  opposition  to  the  discharge  and 
may  withdraw  it  at  will,  whether  the  other 
creditors  consent  or  not  (Ross,  J.,  dis.). — 
Brangon  v.  Creditors,  64  Cal.  394,  1  Pac.  477. 

332.  Same — Riglit  of  creditor  to  oppose. — 
Any  creditor  has  the  right  to  be  made  a 
party  to  the  insolvency  proceeding  for  the 
purpose  of  opposing  the  discharge,  or  ob> 
taining  his  proportion  of  the  assets,  whether 
named  in  the  assignment  or  not. — Lambert 
v.  Slade,   4  Cal.  337. 

333.  Same — Same — Need  not  be  Judgment 
creditor. — A  creditor,  to  have  a  right  to 
oppose  an  insolvent's  discharge  under  the 
act  of  1852,  need  not  be  a  judgment  creditor. 
— Davenport  v.  Creditors,  62  Cal.  29. 

334.  Same — Formal  ans^ver  to  objections. 
— The  court  is  not  deprived  of  jurisdiction 
to  determine  objections  of  creditor  to  dis- 
charge of  insolvent,  by  failure  of  latter  to 
file  formal  answer  thereto. — Estate  of  Clark, 
128  Cal.  147,  60  Pac.  663. 

33.'>.  Same — Waiver  of  formal  answer  to 
objections. — Absence  of  formal  answer  to 
objections  is  waived  by  creditor  by  intro- 
ducing evidence  to  support  objections. — Es- 
tate of  Clark,   128  Cal.  147,   60  Pac.  663. 

3.16.  Same — Unanswered  specifications. — • 
After  demurrer  sustained  to  some  and  strik- 
ing others,  specifications  setting  forth  fraud- 
ulent conduct  on  insolvent's  part  sufficient 
to    deprive    him    of    right    to    discliarge,    re- 


Act  392 


GBIKBRAL.   LAWS. 


138 


main  unanswered,  It  Is  error  to  dismiss 
rreditor's  opposition  after  failure  to  amend 
after  demurrer,  and  the  discliarge  will  be 
reversed  on  appeal. — Estate  of  Rich,  129  Cal. 
494,    62   Pac.    56. 

33Ga.  Same  ——  Failure  to  answer  —  Dis- 
missal.— When  the  insolvent  fails  or  refuses 
to  answer  an  accusation  of  fraud  the  court 
may  dismiss  the  case,  but  can  not  take  his 
estate  and  distribute  it  to  creditors  without 
discharging-  their  claims  against  him. — San- 
born V.  Creditors,  37  Cal.  609. 

337.  Same  ——  Each  objection  requires  an 
answer  as  a  separate  defense. — Each  objec- 
tion specified  is  in  the  nature  of  a  separate 
defense,  and  if  it  shows  sufficient  ground, 
it  must  be  answered  and  found  in  insol- 
vent's favor  to  entitle  him  to  a  discharge. — 
Estate  of  Rich,   129   Cal.  494,  62  Pac.   56. 

33S.  Same — Objections  striclten  out. — Ob- 
jections based  on  specifications  of  irrelevant 
and  immaterial  facts  may  be  stricken  out  on 
motion. — Dyer  v.  Bradley,  89  Cal.  557,  26 
Pac.    1103. 

339.  Failure  to  keep  proper  account  books. 
— Where  the  creditor  fails  to  specify  defects 
an  objection  that  insolvent  failed  to  keep 
proper  account  books  is  not  sufficient  to 
defeat  application  for  discharge. — Estate  of 
Clark,    128  Cal.   147,   60   Pac.   663. 

340.  Same — Same. — Failure  to  keep  proper 
account  books  prevents  a  merchant  or 
tradesman  from  obtaining  a  discharge  un- 
der the  act  of  1880,  and  the  fact  of  omission 
in  good  faith  was  immaterial.— In  re  Good, 
78  Cal.  399,   20  Pac.  860. 

341.  Same  —  Same. — Where  the  evidence 
showed  that  the  insolvent  had  not  engaged 
in  business  prior  to  July  20,  1881,  the  ques- 
tion whether  he  kept  proper  books  of  ac- 
count from  and  after  the  passage  of  the 
act  (June  16,  1880)  is  immaterial. — In  re 
Lukes,   71  Cal.   113,   12  Pac.  390. 

342.  Same  —  Same.  —  An  insolvent  mer- 
chant or  tradesman  engaged  in  business 
prior  to  the  passage  of  the  act  of  1880,  but 
who  did  not  keep  proper  account  books,  is 
not  prohibited  under  section  49  of  the  act 
from  obtaining  a  discliarge. — In  re  Lukes,  71 
Cal.  113,  12  Pac.  390. 

343.  Same — Same. — Where  the  books  of 
the  firm  fail  to  show  a  debt  of  the  firm  for 
money  loaned,  the  appearance  of  which  on 
the  books  would  have  shown  insolvency,  the 
books  were  not  "proper." — In  re  Good,  78 
Cal.   399,    20  Pac.   860. 

344.  Same — Same. — The  keeping  of  such 
books  only  as  showed  solvency  does  not  sat- 
isfy the  requirement,  and  the  failure  to  keep 
proper  books  of  account  defeats  discharge. 
— Sullivan  v.  Washburn  &  Moen  Mfg.  Co., 
139   Cal.   257,   72  Pac.   992. 

345.  Same — Burden  of  proof  Is  on  credi- 
tors.— The  burden  is  on  the  creditors  to 
prove  the  insolvent,  who  has  filed  the  affi- 
davit required  by  section  49,  guilty  of  some 
act  which  the  statute  makes  a  barrier  to  his 
discharge. — In  re  Harris,  81  Cal.  350,  22 
Pac.   867. 

H49.  Same — Too  late,  when. — The  objec- 
tion to  tlif^  jurisdiction  for  defects  in  the 
proof   of  publication    of   notice   to    creditors 


comes  too  late  after  the  creditor  has  made 
a  general  appearance,  filed  his  claim  In  due 
and  proper  form,  and  voluntarily  appeared 
in  opposition  to  the  discharge,  and  then  for 
the  first  time  raises  the  objection. — In  re 
Yoell,   131   Cal.   581,   63  Pac.   913. 

347.  General  demurrer — Plea  amounting 
to, — Objection  that  matters,  if  taken  as  con- 
fessed, do  not  amount  to  fraud,  is  in  nature 
of  general  demurrer,  and  must  be  overruled 
if  any  of  the  charges  are  sufficient. — Grow 
v.   Creditors,    31   Cal.    328. 

348.  Creation  of  fraudulent  debt  in  fidu- 
ciary capacity. — Objection  that  debtor  in  fidu- 
ciary capacity  created  a  fraudulent  debt 
is  not  valid  as  against  discharge. — Dyer  v. 
Bradley,   89  Cal.   557,   26  Pac.   1103. 

348a.  Same. — Debt  in  fiduciary  capacity, 
fraudulently  contracted,  is  not,  under  sec- 
tion 52,  affected  by  discharge. — -Dyer  v. 
Bradley,   89  Cal.   557,   26  Pac.   1103. 

349.  "Svt'orn  falsely"— Unintentional  mis- 
take.— An  unintentional  and  innocent  mis- 
take in  the  affidavit  is  not  within  the  mean- 
ing of  the  words  "sworn  falsely"  in  section 
49  of  the  insolvent  act,  so  as  to  prevent  the 
insolvent  from  obtaining  his  discharge. — 
Demartin  v.  Demartin,  85  Cal.  76,  24  Pac.  596. 

349a.  Same — Element  of  fraud  essential. 
— The  phrase  "have  sworn  falsely,"  in  sec- 
tion 49  of  the  insolvent  act,  necessarily  im- 
ports a  wilful  act  done  with  a  fraudulent 
intent,  and  from  which  the  element  of  fraud 
can  not  be  eliminated. — Dean  v.  Grimes,  72 
Cal.  442,  14  Pac.  178;  Demartin  v.  Demartin, 
85  Cal.   76,   24   Pac.   596. 

350.  Benefit  of  act — Prior  illegal  proceed- 
ing.— A  discharge  can  not  be  successfully 
contested  on  the  ground  that  the  insolvent 
had  had  the  benefit  of  tlie  act  within  three 
years  prior  to  the  application  for  discharge, 
where  the  prior  petition  had  been  dismissed 
because  of  less  than  three  hundred  dollars 
indebtedness. — In  re  Marsh,  115  Cal.  230,  46 
Pac.   1072. 

351.  Former  adjudication— Res  adjudicata. 
— A  former  adjudication  as  to  the  validity 
and  bona  fides  of  a  deed  from  the  insolvent 
conveying  certain  of  his  property  executed 
a  few  days  before  the  filing  of  his  petition. 
In  an  action  by  the  assignee  to  set  aside  the 
deed,  is  a  defense  to  an  objection  on  the 
same  ground  to  his  discharge  made  by  the 
creditors. — In  re  Baird,  84  Cal.  95,  24  Pac. 
167. 

352.  Ignorant  preference  of  a  creditor,  at 
time  insolvent  did  not  know  his  insolvency, 
is  no  bar  to  his  discharge. — In  re  Harris,  81 
Cal.   350,   22  Pac.   867. 

353.  Fraud  in  procuring  —  Forfeiture  of 
benefits  of  act. — Under  the  provisions  of  sec- 
tion 32  of  the  act  a  discharge  procured  by 
fraud,  concealment  of  property,  or  false 
statement  in  his  schedule,  can  not  be  pleaded 
in  bar  of  a  subsequent  suit. — Ellsasser  v. 
Hunter,   26   Cal.   279. 

354.  As  a  bar — Fraud  in  procuring. — The 
discharge  of  an  insolvent  debtor  under  the 
act  (1852)  does  not  relieve  him  from  liabil- 
ity upon  a  judgment  previously  rendered, 
upon  which  execution  is  subsequently  is- 
sued,  where   it  is  shown   that  the  discharge 


i 


139 


BANKRUPTCY    AND    INSOLVENCY. 


Act  392 


was  procured  by  fraud,  concealment  of  prop- 
erty, or  false  statements  in  his  schedule. — 
Ellsasser  v.  Hunter,  26  Cal.  279. 

.'E35.  Same — Future  liability — Hiring  for  a 
fixed  term. — A  discharge  is  a  bar  to  an  ac- 
tion for  the  recovery  of  money  due,  subse- 
quent to  discharge  under  a  previous  contract 
entered  into  prior  to  discharge,  for  a  fixed 
term,  and  the  liability  under  such  contract 
is  one  within  the  meaning  of  the  act. — 
Mooney  v.  Detrick,  85  Cal.  549,  22  Pac.  1111, 
26  Pac.   280. 

356.  Same — Debts  created  in  a  fiduciary 
capacity. — A  commission  merchant  who  re- 
ceives goods  to  be  sold  and  the  proceeds 
transmitted  to  the  consignor,  less  commis- 
.sion,  and  who  sells  the  goods  and  fails  to 
transmit  the  proceeds,  thereby  incurs  a  debt 
in  a  fiduciary  capacity,  and  an  action  thereon 
against  such  merchant  is  not  barred  by  a 
discharge  in  insolvency. — Mayberry  v.  Cook, 
121  Cal.  588,  54  Pac.  95. 

357.  Same. — No  defense  when  the  record 
in  insolvency  neitlier  names  the  plaintiff 
nor  the  contract  on  which  action  is  brought, 
nor  states  that  defendant  described  all  his 
debts  and  liabilities  to  the  best  of  liis  knowl- 
edge and  belief. — Rourke  v.  McLaughlin,  38 
Cal.   196. 

358.  Same. — Under  act  of  1880  bars  ac- 
tion on  judgment  rendered  in  1876. — Hund- 
ley V.  Chaney,   65  Cal.  363,   4  Pac.   238. 

359.  Same — Promissory  note. — Discharge 
is  a  defense  to  an  action  on  a  promissory 
note  made  to  a  citizen  of  California,  but 
transferred  to  a  citizen  of  another  state 
subsequent  to  the  discharge.  —  Thomas  v. 
Crow,   65  Cal.   470,   4  Pac.   448. 

3(50.  Same  —  Contract  of  hiring. — A  dis- 
charge is  no  bar  to  action  on  a  contract  for 
hiring  for  a  certain  length  of  time,  where 
the  money  became  due  thereon  after  the 
discharge. — Mooney  v.  Detrick,  3  Cal.  Unrep. 
191,   22  Pac.   nil. 

301.  Effect — Debts  ovring  at  time  of  filing 
petition.  —  A  discharge  only  affects  debts 
owing  at  the  filing  of  the  petition. — Waggle 
V.  Worthy,  74  Cal.  266,  5  Am.  St.  Rep.  440,  15 
Pac.   831. 

302.  Release  of  mortgage. — Decree  of  dis- 
charge from  promissory  note  secured  by 
mortgage  does  not  release  the  mortgage, 
but  merely  limits  the  mortgagee  to  the  pro- 
ceeds of  the  mortgage. — Luning  v.  Brady,  10 
Cal.    265. 

303.  Same— Judgment  not  satisfied,  Tvlien. 
— A  judgment  based  on  the  fraudulent  acts 
of  the  insolvent  is  not  satisfied  by  the  lat- 
ter's  discharge  under  the  insolvent  act. — 
Carit  v.  Williams,  74  Cal.   183,   15   Pac.   751. 

304.  Same — Judgment  rendered  in  another 
state. — Discharge  in  this  state  is  no  bar  to 
an  action  on  a  judgment  rendered  in  an- 
other state  in  favor  of  a  resident  thereof. — 
Bean  v.  Loryea,   SI  Cal.  151.  22  Pac.  513. 

305.  Same  —  Under  %-oid  proceedings. — 
Where  tlie  proceedings  under  the  act  are 
without  jurisdiction  they  are  void,  and  the 
discharge  can  not  be  pleaded  in  bar  on  a 
subsequent  creditor's  suit. — Meyer  v.  Kohl- 
man,    8   Cal.    44. 

3G0.      Same. — Judgment   of    discharge    does 


not  extinguish  the  debt,  but  merely  relieves 
the  debtor  from  compulsory  payment,  and 
leaves  subsequent  payment  to  his  conscience. 
— Smith  V.  Richmond,   19  Cal.   476. 

367.  Same — Final  as  to  insolvent — Juris- 
diction to  administer  trust  remains. — After 
the  discharge  the  insolvent  is  not  a  neces- 
sary or  proper  party  to  subsequent  proceed- 
ings, and  so  far  as  he  is  reasonably  concerned 
the  adjudication  is  final,  but  the  juris- 
diction of  the  court  to  administer  the  trust 
remains  until  the  property  is  finally  disposed 
of. — Rued  V.  Cooper,  109  Cal.  682,  34  Pac.  98. 

368.  Same — Discharge  of  partner  as  indi- 
vidual operates  as  a  discharge  from  individ- 
ual liability  for  tlie  partnership  debts. — 
Hawley  v.  Campbell,  62  Cal.  442;  Dresbach 
V.  Creditors,  63  Cal.  187. 

369.  Agreement  not  to  contest,  whether 
verbal  or  written,  in  consideration  of  pay- 
ment of  debt  in  full,  is  a  "pecuniary  consid- 
eration or  obligation,"  and  renders  the  dis- 
charge void  under  section  49. — Estudillo  v. 
Meyerstein,   72  Cal.  317,   13  Pac.   869. 

370.  Denial. — Return  of  goods  by  the  as- 
signee to  the  sheriff,  when  discharge  denied, 
held  proper. — Appel  v.  Creditors,  57  Cal.  211. 

371.  Fraud  in  procuring  discharge  may 
be  pleaded  by  the  sheriff  in  an  action  against 
him  by  the  transferee  of  a  discharged  in- 
solvent for  damages  sustained  in  a  levy  of 
execution  upon  a  judgment  rendered  previ- 
ous to  such  discharge. — Ellsasser  v.  Hunter, 
26   Cal.    279. 

.372.  Collateral  attack  upon — Jurisdiction 
of  court  not  proper  subject  of  inquiry. — In 
a  collateral  attack  upon  a  judgment  of  dis- 
charge the  question  of  the  jurisdiction  of 
the  court  is  not  a  proper  subject  of  inquiry. 
— Friedlander  v.  Loucks,   34   Cal.    18. 

373.  Extra-territorial  operation  and  ef- 
fect.— Insolvent  laws  have  none,  and  con- 
tracts of  citizens  of  other  states  can  not  be 
discharged  thereunder,  unless  such  citizens 
voluntarily  become  parties  to  the  proceed- 
ing.— Scamman  v.  Bonslett,  118  Cal.  93,  62 
Am.   St.    Rep.   226,    50   Pac.    272. 

374.  Same. — Where  both  debtor  and  cred- 
itor were  citizens  of  California  at  the  date 
of  the  contract,  and  it  was  made  and  is  pay- 
able in  this  state,  a  certificate  of  discharge 
in  insolvency  is  a  valid  defense,  althougli 
the  creditor  had  afterwards  become  a  resi- 
dent of  another  state. — Scamman  v.  Bons- 
lett, 118  Cal.  93,  62  Am.  St.  Rep.  226,  50 
Pac.    272. 

375.  Same. — A  discharge  under  the  insol- 
vent law  does  not  bar  an  action  by  tlie  citi- 
zen of  another  state  on  a  promissory  note 
which  does  not  specify  the  place  of  pay- 
ment, where  the  holder  was  at  the  time  of 
its  execution  and  continued  to  be  a  resident 
and  citizen  of  another  state. — Rhodes  v.  Bor- 
den,   67  Cal.   7,    6  Pac.   850. 

370.  Action  to  set  aside  for  fraud. — May 
be  brouglit  under  section  53,  and  need  not 
necessarily  be  brouglit  by  motion  in  the  In- 
solvency proceedings. — Estudillo  v.  Meyer- 
stein.  72  Cal.   317.   13    Pac.   869. 

.377.  Same  —  .\ssignec.  —  An  assignee  of 
claims  against  an  insolvent,  not  himself  a 
creditor,    is  not   witliin   the   terms   of  section 


Act  392 


GKNBRAL.   I^AWS. 


53  of  the  act  of  1880,  and  can  not,  after  the 
discharge  of  the  insolvent,  maintain  an  ac- 
tion to  set  aside  the  decree  on  the  ground 
of  fraud. — Sanborn  v.  Doe,  92  Cal.  152,  27 
Am.  St.  Rep.  101,  28  Pac.  105. 

378.  Same  —  Creditor.^ — Creditor  only  can 
commence  proceeding  to  annul  certificate  of 
Jischarge,  as  provided  in  section  53  of  the 
ACt  of  1880,  and  the  assignee  has  no  right  to 
lo  so. — "Wagner  v.  Superior  Court,  4  Cal. 
tTnrep.  310,  34  Pac.  648. 

379.  Same — Same. — The  effect  of  a  final 
Jischarge  in  insolvency  proceedings  is  to 
^nd  them  so  far  as  the  insolvent  is  con- 
cerned, and  can  only  be  restored  by  a  cred- 
itor's application  to  set  it  aside  and  annul 
the  discharge.— Wagner  v.  Superior  Court, 
100  Cal.  359,  34  Pac.  820. 

380.  Stay  of  proceedings  made  pending 
,(otition  for  discliarge  under  the  insolvent 
id  would  not  prevent  issue  of  execution 
and  sale  of  property  of  the  judgment  debtor 
thereunder  during  the  time  for  the  lien  of 
the  judgment. — Isaac  v.  Swift,  10  Cal.  71,  70 
,Vm.    Dec.    698. 

380a.  Riglit  to  set  aside  for  fraud,  not 
Ji.ssignable. — Right  to  set  aside  decree  on 
the  ground  of  fraud  under  section  53  of  the 
act  of  1880,  not  subject  to  assignment. — 
Sanborn  v.  Doe,  92  Cal.  152,  27  Am.  St.  Rep. 
101,  28  Pac.   105. 

y.    Judgment. 

381.  In  rem  as  to  status  of  debtor. — De- 
cree is  one  in  rem  so  far  as  the  status  of 
the  debtor  is  concerned. — Arnold  v.  Kahn,  67 
Cal.   472,   8  Pac.  36. 

382.  Collateral  attack  upon — Recital  of 
.iiirisdictional  facts. — A  judgment  which  re- 
cites "That  the  requirements  of  said  act  .  .  . 
and  all  orders  of  the  court  herein,  have,  in 
every  respect,  been  fully  complied  with  and 
performed  by  said  petitioner,"  sufficiently 
shows  the  existence  of  all  jurisdictional 
facts  necessary  to  uphold  the  judgment 
against  collateral  attack. — Langenour  v. 
French,   34   Cal.   92. 

383.  Void  for  want  of  jurisdiction. — A 
judgment  of  discharge  rendered  by  the 
county  court  without  jurisdiction  is  void, 
and  the  creditors  may  enforce  collection  of 
their  debts  at  discretion. — People  ex  rel. 
Sturgis  V.  County   Court,   28  Cal.   115. 

384.  Docketing  judgment  is  not  required 
to  preserve  the  lieu. — Hastings  v.  Cunning- 
ham, 39  Cal.  137. 

B.    Contempt. 

385.  Failure  to  file  schedules,  and  failure 
to  obey  a  citation  to  answer  concerning  his 
property,  may  be  punished,  as  for  contempt, 
by  imprisonment  until  he  obeys  the  order. 
—In   re  Clarke,  125  Cal.   388,   58  Pac.   22. 

386.  Holding  property  claimed  by  re- 
ceiver.— One  who  holds  property  claimed  by 
receiver  of  an  insolvent  estate  can  not  be 
adjudged  in  contempt  for  refusing  to  turn 
it  over  to  the  receiver  on  an  order  of  court 
where  he  holds  such  property  adversely  to 
the  insolvent  for  a  corporation  of  which  he 
is   an   officer. — Ex   parte    Hollis,    59    Cal.    405. 

387.  Refusal  to  surrender  property. — Re- 
fusal   of    insolvent,    after    adjudication,    may 


be  punished  as  for  contempt. — Ex  parte 
Clark,    110   Cal.    405,   42   Pac.    905. 

aa.    Appeal  and  error. 
388.     Order     refusing     an     adjudication. — 

Such  an  order  is  appealable,  and  tlierefore 
writ  of  error  will  lie. — Widber  v.  Superior 
Court,  94  Cal.   430,   29   Pac.   870. 

.389.  Order  requiring  verification  of  sched- 
ule not  appealable. — Order  requiring  an  in- 
voluntary insolvent  to  verify  his  schedule 
is  not  appealable. — In  re  Abbott,  74  Cal.  381. 
16  Pac.  21. 

390.  Time  to  appeal. — Minute  order  for 
discharge  does  not  conclude  trial  Avliere  the 
court  subsequently  made  findings  and  judg- 
ment of  discharge  was  entered  and  an 
appeal  within  sixty  daj^s  after  filing  of  find- 
ings is  in  time  notwithstanding  the  unex- 
plained lapse  of  a  year  from  the  minute 
order  and  the  filing  of  findings. — Sullivan  v. 
Washburn  &  Moen  Mfg.  Co.,  139  Cal.  257,  72 
Pac.   992. 

391.  Jurisdiction  of  supreme  court. — The 
supreme  court  has  jurisdiction  on  appeal 
from  a  judgment  in  an  insolvent  case,  as  a 
special  case  within  the  meaning  of  section 
336  of  the  practice  act. — Fisk  v.  Creditors, 
12   Cal.    281. 

392.  Appealable  order. — Res  adjudicata. — 
An  order  denying  the  right  of  the  insolvent 
to  grape  crop  on  homestead,  and  affirming 
the  right  of  the  assignor,  is  appealable,  and 
becomes  res  adjudicata,  and  a  bar  to  an 
action  to  recover  it,  upon  failure  to  appeal 
within  the  time  limited. — Sunkler  v.  McKen- 
zie,  127  Cal.  554,  78  Am.  St.  Rep.  86,  59 
Pac.   982. 

393.  Appeal  by  creditor. — Service  of  no- 
tice of  appeal  need  only  be  served  on  the 
insolvent,  and  need  not  be  served  on  the  re- 
ceiver or  the  other  creditors  who  had  not 
filed  proof  of  claims. — In  re  Chope,  112  Cal. 
630,  44  Pac.  1066. 

394.  Same  —  Not  estopped  by  making 
proof  of  claim. — Creditor  is  not  estopped  to 
pursue  an  appeal  from  adjudication  of  in- 
solvency by  making  proof  of  claim. — In  re 
Chope,   112  Cal.   630,   44  Pac.   1066. 

305.  Right  of  appeal  regulated  by  gen- 
eral laiv. — Right  of  appeal  regulated  by  tlie 
general  law^  for  appeals  in  civil  cases. — 
Dennery  v.  Superior  Court,  84  Cal.  7,  24  Pac. 
147. 

390.  Bond  of  assignee  operates  as  under- 
taking on  appeal. — Under  §  67  of  the  act  of 
1880  the  assignee's  bond  operates  as  an  un- 
dertaking on  an  appeal  by  him  from  a  judg- 
ment or  order,  and  when  the  judgment  or 
order  directs  the  payment  of  money,  oper- 
ates as  a  stay  bond. — In  re  Sharp,  92  Cal. 
577,    28   Pac.   783. 

397.  Order  denying  motion  to  dl<«mlss 
proceedings  made  by  creditor  after  adjudi- 
cation of  insolvency  is  not  appealable. — In 
re   Wierbitzky,   96   Cal.    310,    31   Pac.    115. 

395.  Crudities  and  bad  grammar  in  the 
petition  do  not  vitiate  the  pleading  on  a|i- 
pcal. — In  re  Ramazzina,  110  Cal.  4SS,  42  Pac. 
980. 

399.  Appeal  by  creditor  stny.s  all  pro- 
ceedings   under    the    order    of    atljiidieation, 


141  BANKS  AND  BANKIlvG.  Act  406,  §§  1-4 

and   the    superior    court    has    no    jurisdiction  judgment    refusing    the    discharge    will    be 

to   modify   the   order   so   as   to   allow   execu-  reversed. — In    re    Baird,    84    Cal.    95,    24    Pac. 

tion  against  homestead  of  Insolvent. — State-  167. 

ler  V.   Superior   Court,   107   Cal.    536,    40   Pac.  402.     Appeal    In    contempt    proceedings. — 

849-  See  "Constitutionality,"  5. 

400.  Appealable   order. — An    order   direct- 
ing  tne   assigner    to    render   an    account   as  ^^'  -Attorney  s  fee. 

required   by  section    29   of   the   insolvent  act  403.     Petition  for,  must  show  value  of  es- 

of    188&,    is    not  appealable. — Rosenthal,    Fe-  tate. — A    petition    for    attorney's    fee    in    an 

der  &  Co.  v.  Levy,  73  Cal.  9,   14  Pac.   368.  insolvent  case,   which  fails  to  show  the  na- 

401.  When   the  evidence  Is  Insufficient   to  ture  and  value   of  the   estate,    is   insufficient. 
sustain  any  of  the  grounds  of  opposition,  a  — In  re  Close,  106  Cal.  574,  39  Pac.  1067. 


CHAPTER  25. 
BANKS  AND  BANKING. 

CONTENTS  OF  CHAPTER. 
ACT  406.     Involuntary  Dissolution  of  Savings  Banks. 
.  409.     "Bank  Act." 
410.    Involuntary  Liquidation  of  Banks. 

INVOLUNTARY  DISSOLUTION  OF  SAVINGS  BANKS. 
ACT  406 — An  act  providing  for  the  dissolution  and  winding  up  of  savings  banks,  trust 
companies,  and  banks  of  deposit,  and  providing  for  the  disposition  of  all  funds 
deposited  therein  and  not  claimed  within  five  years  after  such  banks  have  ceased  to 
do  business,  or  after  the  commencement  of  proceedings  to  dissolve. 
History:    Approved  March  31,  1891,  Stats.  1891,  p.  271. 

Right  to  dissolve  savings  banks,  etc. 

§  1.  That  any  savings  bank  or  trust  company  or  bank  of  deposit  heretofore  created 
or  which  may  be  hereafter  created  shall  have  the  right,  on  application  of  the  stock- 
holders or  members  to  the  superior  court  of  the  county  wherein  its  principal  place  of 
business  is  situated,  to  dissolve  said  corporation  in  the  manner  provided  for  in  title  sis, 
part  three,  of  the  Code  of  Civil  Procedure. 

Dissolved  savings  bank  fund. 

$  2.  It  is  hereby  made  the  duty  of  every  person  or  corporation  holding  funds  of  any 
savings  bank  or  trust  company  or  bank  of  deposit,  at  the  end  of  five  years  from  and 
after  such  bank  has  ceased  to  receive  deposits  or  do  business,  to  pay  the  same  into  the 
state  treasury,  which  money  shall  be  held  in  the  state  treasury  in  a  fund  which  ia 
hereby  designated  as  "the  dissolved  savings  bank  fund";  and  at  the  same  time  it  shall 
be  the  duty  of  such  person  or  corporation  to  furnish  to  the  state  controller  a  list  of  the 
names  of  all  depositors  to  whom  said  moneys  belong  or  to  whom  said  bank  owes  the 
same. 

How  drawn  upon. 

^  3.  The  money  in  said  "the  dissolved  savings  bank  fund"  may  be  drawn  out  on  the 
warrants  of  the  state  controller,  issued  on  proofs  of  ownership,  approved  and  allowed 
by  the  state  board  of  examiners. 

When  same  escheats. 

^4.  All  moneys  paid  into  the  said  "the  dissolved  savings  bank  fund"  uncalled  for 
within  five  years  after  being  paid  in  shall  escheat  to  the  state,  and  thereafter  only 
drawn  out  in  such  manner  as  now  provided  for  by  law  for  the  estates  of  deceased  per- 
sons escheated  to  this  state. 


Act  406,  §§  5-9 


GEXE^RAL   LAWS. 


142 


Attorney  general  empowered  to  tring  actions. 

$  5.  That  any  person  or  corporation  failing  to  comply  with  the  provisions  of  this 
act  shall  be  liable  to  the  state  of  California  for  the  amount  of  monej'^  so  retained  b;^ 
them  contrary  to  the  provisions  of  the  first  four  sections  of  this  act;  and  the  attorney 
general  of  this  state  is  hereby  authorized,  empowered,  and  directed  to  bring  action,  in 
the  name  of  the  people  of  the  state  of  California,  in  such  manner  and  upon  the  same 
terms  as  now  provided  for  escheated  estates,  to  recover  judgment  for  said  money,  and 
when  so  recovered,  to  be  paid  into  the  state  treasury  and  held  subject  to  the  provisions 
of  this  act;  provided,  that  said  fund  shall  be  liable  for  the  expense  of  the  recovery  of 
the  same,  to  be  paid  out  upon  demands  audited  by  the  state  board  of  examiners. 

Investment  of  funds. 

§  6.  Whenever  and  as  often  as  there  is  ;n  the  state  treasury  to  the  credit  of  the  said 
"the  dissolved  savings  bank  fund''  the  sum  of  ten  thousand  dollars,  the  state  board  of 
examiners  must  invest  the  same  in  civil  funded  bonds  of  this  state,  or  in  bonds  of  the 
United  States,  or  in  bonds  of  the  several  counties  of  this  state;  the  investments  to  be 
made  in  such  manner  and  upon  such  terms  as  the  board  shall  deem  for  the  best 
interests  of  the  said  "the  dissolved  savings  bank  fund";  provided,  that  no  bonds  of  any 
counties  shall  be  purchased,  of  which  the  debt,  debts,  or  liabilities  at  the  time  exceed 
fifteen  per  cent  of  the  assessed  value  of  the  taxable  property  of  said  county. 

Bonds  purchased,  delivery  to  state  treasury. 

§  7.  All  bonds  purchased  by  the  board  under  the  provisions  of  this  act  must  be 
delivered  to  the  state  treasurer,  who  shall  keep  them  as  a  portion  of  said  *  *  the  dissolved 
savings  bank  fund, ' '  the  interest  upon  such  bonds  to  be  placed  by  him  to  the  credit  of 
said  fund. 

To  sell  bonds  to  meet  payments. 

'  ^  8.  Whenever  the  moneys  on  hand  in  the  state  treasury,  to  the  credit  of  the  said 
"the  dissolved  savings  bank  fund"  is  not  sufficient  to  pay  the  claims  allowed  by  the 
state  board  of  examiners  against  said  fund,  it  shall  be  the  duty  of  said  board  to  sell 
such  bonds  belonging  to  said  fund  as  they  may  deem  proper,  for  the  piirpose  of  provid- 
ing funds  for  the  payment  of  such  claims  so  allowed  by  them. 
$  9.     This  act  shall  take  effect  from  and  after  its  passage. 

Incorporation  of  banks,  capital  stock,  etc. 
—See  Kerr's  Cyc.  Civil  Code,  tit.  Corpora- 
tions. 

Investment  of  funds  in  bonds  of  particular 
public  corporations. — See  title  of  particular 
corporation,  and  Kerr's  Cyc.  Political  Code, 
i  3480. 

License  of  bankers.— See  Kerr's  Cyc.  Po- 
litical  Code,   §  3379. 

Savings  banks,  regulation  in  generaL— 
See.   post,   Act   409. 


Savings  and  loan  corporations. — See  Kerr's 
Cyc.  Civil  Code,  §§  571,  et  seq. 

Taxation  of  money  in  savings  banks. — S°e 
Kerr's  Cyc.  Political  Code,  §  3617. 

Taxation  of  shares  of  stock. — See  Kerr's 
Cyc.  Political  Code,   §§  3608-3610. 

Voluntary  dissolution  of  corporations,  In 
general. — See  Kerr's  Cyc.  Civil  Code,  §§  1227, 
et  seq. 


i43  BANKS  AAD  BANKING.  Act  400 


THE  "BANK  ACT." 
ACT  409 — An  act  to  define  and  regulate  the  business  of  banking. 

History:  Approved  March  1,  1909,  Stats.  1909,  p.  87.  Amended: 
(1)  February  9,  1911,  Stats.  1911,  p.  7;  (2)  April  21,  1911,  Stats.  1911, 
p.  958;  (3)  April  21,  1911,  Stats.  1911,  p.  1003;  (4)  April  21,  1911,  Stats. 
1911,  p.  1008;  (5)  December  18,  1911,  Stats.  1911  (ex.  sess.),  p.  12;  (6) 
December  24,  1911,  Stats.  1911  (ex.  sess.),  p.  115;  (7)  May  6,  1913.  lu 
effect  August  10,  1913.  Stats.  1913,  p.  136;  (8)  May  31,  1913.  In  effect 
August  10,  1913.  Stats.  1913,  p.  335;  (9)  April  28,  1915.  In  effect 
August  8,  1915.  Stats.  1915,  p.  297;  (10)  June  3,  1915.  In  effect  August  8, 
.  1915.  Stats.  1915,  p.  1104;  (11)  June  3,  1915.  In  effect  August  8,  1915. 
Stats.  1915,  p.  1138;  (12)  June  3,  1915.  In  effect  August  8,  1915.  Stats. 
1915,  p.  1139;  (13)  May  17,  1917.  In  effect  July  27,  1917.  Stats.  1917, 
p.  586;  (14)  May  17,  1917.  In  effect  July  27,  1917.  Stats.  1917,  p.  598; 
(15)  May  17,  1917.  In  effect  July  27,  1917.  Stats.  1917,  p.  622;  (16) 
May  3,  1919.  In  effect  July  22,  1919.  Stats.  1919,  p.  185;  (17)  May  15, 
1919.  In  effect  July  22,  1919.  Stats.  1919,  p.  622.  Prior  acts  repealed: 
The  "Bank  Commissioner's  Act,"  approved  March  24,  1903,  Stats. 
1903,  p.  365.  Amended  March  20,  1905,  Stats.  1905,  p.  304.  The  "Bank 
Commissioner's  Act,"  approved  March  30,  1878,  Stats.  1877-78,  p.  740. 
Amended  March  10,  1887.  Stats.  1887,  p.  90;  March  25,  1895,  Stats. 
1895,  p.  172;  February  25,  1901,  Stats.  1901,  p.  30;  was  repealed 
March  2,  1903,  Stats.  1903,  p.  73. 

AETICLE  I.  GENERAL  PROVISIONS,  §§  1-51. 

II.  SAVINGS  BANKS,  §§60-69. 

ni.  COMMERCIAL   BANKS,    §§  80-83. 

IV.  TRUST  COMPANIES,  §§  90-106. 

V.  STATE  BANKING  DEPARTMENT,  §§  120-147. 

AETICLE  L 
General  Provisions. 
§  1.    Title  of  Act. 
§2.     "Bank"  Defined. 

Classification. 

Money  in  Escrow. 
§  3.    Banking  Corporations,  Number  or  Persons  Required  to  Foem. 
§  4.     "  Savings  Bank,  ' '  Defined. 
§5.    "Commercial  Bank,"  Defined. 

May  Be  Insurance  Agent  in  Cities  of  Not  More  Than  5000  Persons. 
§  6.     "  Trust  Company,  ' '  Defined. 
§  7.    Foreign  Corporations. 

Conditions  of  Doing  Business  in  State. 

Capital  and  Deposits  to  Be  Kept  Separate  From  General  Business. 

Superintendent  of  Banks,  Attorney  for  Service  of  Process. 

Service  of  process. 

Trust  Company  May  Act  as  Executor, 

Branch   OflSce   Prohibited. 

Lending  Money. 

§  8.    Certified  Copy  op  Articles  ov  Incokposation  to  Be  FiLaD  With  Superintkndbnt  0» 

Banks. 
S  9.    Opening  of  Branch  Office. 

Conditions. 

Capital. 

Discontinuance. 

Certificate  of  Authority.     Fee. 

Savings  Banks,  in  Schools. 

Penalty. 
S  10.    Directors. 

Qualifications   Required. 

Bank  Without  Capital  Stock. 


Act  40» 


GKABRAL.   LAWS.  144 


§  11.    Meetings  op  Directors. 
Oath  of  Office. 

Oath  of  Agents  op  Foreign  Corpoeations. 
§  12.     Advertising. 

Restrictions. 

Use  of  Word  "Bank."  .     . 

Not  to  Apply  to  Use  of  Corporate  Name  hj  Building  and  Loan  Associatioiia. 

Penalty. 

Injunction. 
§  12a.  Advertising. 

Prerequisites  To. 

Not  to  Apply  to  Building  and  Loan  Associations. 
§  12b.  Life  Insurance  Companies.    Act  Does  Not  Apply  To. 
§  12e.  Foreign  Corporations. 

May  Lend  Money  in  State. 

Representative. 

License.     Fee. 
§  13.    Other  Corporations  Not  to  Engage  m  Banking  Bttsiness. 

Express  Companies  May  Receive  and  Transmit  Monby. 
§  14.     Advertising  Capital. 
«  15.     Unclaimed  Deposits. 

Claimants  to  Show  Cause. 

Publication  of  Summons  and  Noticeu 

Jurisdiction  of  Court. 

Statement  of  President  or  Manager, 
Contents  of. 

Biennial  Statement  of  Ten   ^ear. 
Publication. 
Penalty  for  Failure  to  Make. 

Transferred  Deposits. 
§  16.     Repealed. 
§  17.     Stockholders. 

List  of  Accessible. 
§  18.    Repealed. 
§  19.    Capital  and  Surplus. 

Percentage  of  Deposits. 
5i  20.    Reserves  of  Commercial  Banks. 

How   Maintained. 

If  Member  of  Federal  Reserve  Banlc 

Penalty  for  Not  Maintaining. 

Depositaries. 

Capital  and  Surplus  of. 

Restoration  of  Capital  and  Surplus  Of. 

"Reserves  on  Hand." 

"Reserves  on  Deposit." 

"Total  Reserves." 

"Reserve  Depositary." 

§  21.    Dividends. 
Surplus. 

Losses  May  Be  Charged  to  Surplus. 
Depositors'  Prior  Claim. 
§  21a.  Preference  to  Depositors. 

Borrowing  Money. 
§  22.    Commercial,  Savings  and  Trust  Combination. 
i  23.    Departmental  Business. 

Consent  of  Superintendent  of  Banks. 

Capital  Stock. 

Place  of  Not  Over  5000  Persons. 

Over  5000  and  Not  Over  25,000  Persons. 

Over  25,000  and  Not  Over  100,000  Persons. 

Over   100,000   and   Not  Over   200,000   Persona. 

Over  200,000  Persons. 


[45 


BANKS   AND  BANKING.  Act  408 


Not  Applicable  to  Existing  Banks. 

Decrease  of  Capital.  ' 

Census. 
~§  24.    Opening  New  Department. 

Certificate.     Fee. 
§  25.    Departmental  Eeserves. 

Inter-Department  Transactions. 
§  26.    Departmental  Books  of  Account  Separately  Kept, 
§  27.    Assets  to  Pay  Department  Depositors. 
§  28.    Signs. 

Must  Show  Kind  of  Bank. 
"Branch." 
§  29,    Non-Stock  Corporations  Heretofore  Created. 
May  Elect  to  Have  a  Capital  Stock. 
Conditions  of  Change. 
Procedure. 
§  30.    Safe  Deposit  Department. 
§  31.    Sale  of  Business. 
Conditions. 
Eights  of  Creditors. 
Publication  of  Notice. 
§  31a.  Consolidation  of  Banks. 

Ratification  by  Stockholders. 
Notice,  Publication  Of. 

Articles  of  Incorporation  and  Consolidation, 
By  Whom  Signed. 
Filing. 
Certificate.    Duplicate  to  Secretary  of  State. 
Obligations  Not  Impaired. 
Increase  of  Stock. 
§  32.    Trust  Funds, 
§  33.    Repealed. 

§  34.    Investment  on  Own  Stock  Forbidden.    Penalty. 
§35.    Purchase  op  Real  Estate  Contracts.     Written  Consent  op  Superintendent  op 

Banks  Required. 
§  36.    Purchase  of  Bond  Issues  of  in  Excess  of  Five  Pee  Cent  of  Its  Assets  by  Com- 

mercial  Bank  Forbidden.     Exception. 
5  37.    Investment  in  Capital  Stock  op  Corporations. 
Conditions. 

Stock  of  Trust  Company. 
Stock  of  Safe  Deposit  Corporation. 
§  38.    Penal  Liabilities  of  Directors  and  Employees. 
§  39.    Officer  Must  Not  Overdraw  Account. 
§  40.    Stockholders  '  Liability,  Waiver  Of. 
I  41.    Purchase  of  Assets  at  Discount  by  Officer,  ETa 

Consent  of  All  Directors  Required. 
§  42.    Purchase  of  Assets  at  Discount  by  Oppiceb,  Etc. 

Penalty. 
§  43.    Deposit  of  Funds  in  Another  Bank. 

Conditions. 
§  44.    Loan  on  Stock  of  Another  Bank. 

8  45.    Unpaid  Interest  Not  to  Be  Included  in  Profits  Previous  to  Dividend. 
^  46.    Investment  in  Bond  Issxxe  op  More  Than  Five  Per  Cent  oj"  Assets  Fobsidden. 

Exception. 
i  47.    Loans  on  Real  Estate. 

S  48.    National  Banks  Must  Submit  to  Examination. 
8  48a.  National  Banking  Associations  Under  Federal  Reserve  Act. 
Authorized  to  Act  in  Fiduciary  Capacities. 

Duties  of  State  Treasurer  and  Superintendent  of  Banks  in  Relation  Thereto. 
Charges  by  State  Banking  Department   for  Services. 
S  49.    Commercial  Banks  Forbidden  to  Advertise  as  Savings  Banks. 

Penalty.      , 
i  50.    Certificate,  Posting. 
Gen.  Laws— 10 


Act  409,  §§  1-3  GENERAL  LAWS.  146 

§  51.     Deposits  by  Ordee  op  Coubt. 
§  52.     Certified  Checks. 
§  53.     Capital  Stock. 
Par  Value. 

Indorsement  of  Paid-Up  Value  on  Certificate. 
§  54.    Eeal  Estate  Purchased  at  Sales  Undeb  Pledges,  Mortgages,  etc.,  foe  Its  Benbjtt. 
Sale  of  in  Five  Years  Required. 
Appraisal. 
Notice. 

Minimum  Price. 
Fees.     Cost   of   sale. 
§  55.    Eeceiving  Deposits  Not  Creation  of  Debt. 
"Eeal  Estate." 

"Eeal  Property."  ^ 

"Personal  Property." 
§  56.     Members  of  Federal  Reserve  Bank. 
Powers. 

Subject  to  Federal  Eeserve  Examinations. 
§  56a.  Converting  Into  National  Banking  Associatiom. 
Conditions. 

Notice  of  Intention. 
Notice  of  Conversion. 
Form  of  Notice. 
Surrender  of  State  License. 
Advertisement  of  Conversion. 
§  57.    Eeal  Estate  Loans. 
§  58.    Foreign  Banking. 

Application  for  Permission  to  Engage  In. 
Information  as  to   Foreign  Branches. 
Eegulations  by  Superintendent  of  Banks. 

"Bank  act." 

&  1.  This  act  shall  be  known  as  the  "bank  act,"  and  shall  be  applicable  to  all  cor- 
porations specified  in  the  next  section  and  to  such  other  persons,  associations,  co-part- 
nerships or  corporations  who  shall,  by  violating  any  of  its  provisions,  become  subject 
to  the  penalties  provided  therein.  [Amendment  of  June  3,  1915.  In  effect  August  8, 
1915.    Stats.  1915,  p.  1104.] 

This  section  was  also  amended  May  6,  1913,  Stats.   1913,  p.  137. 

"Bank"  defined.    Money  in  escrow.    Classification. 

§  2.  The  word  ' '  bank, ' '  as  used  in  this  act  shall  be  construed  to  mean  any  incor- 
porated banking  institution  which  shall  have  been  incorporated  to  conduct  the  business 
of  receiving  money  on  deposit,  or  transacting  a  trust  business  as  hereinafter  defined. 
The  soliciting,  receiving,  or  accepting  of  money  or  its  equivalent  on  deposit  as  a 
regular  business  shall  be  deemed  to  be  doing  a  commercial  or  savings  bank  business 
whether  such  deposit  is  made  subject  to  cheek  or  is  evidenced  by  a  certificate  of 
deposit,  a  pass  book,  a  note,  a  receipt  or  other  writing;  provided,  that  nothing  herein 
shall  apply  to  or  include  money  or  its  equivalent  left  in  escrow  or  left  with  an  agent, 
pending  investment  in  real  estate  or  securities  for  or  on  account  of  his  principal.  It 
shall  be  unlawful  for  any  corporation,  partnership,  firm,  or  individual  to  engage  in 
or  transact  a  banking  business  within  this  state  except  by  means  of  a  corporation 
duly  organized  for  such  purpose.    Banks  are  divided  into  the  following  classes : 

(a)  Savings  banks; 

(b)  Commercial  banks;  and 

(c)  Trust  companies.    [Amendment  approved  May  6,  1913.    Stats.  1913,  p.  137.] 

Three  persons  may  form  banking  corporation. 

§  3.  Corporations  may  be  organized  by  any  number  of  natural  persons,  not  less  in 
any  case  than  three,  under  the  laws  of  this  state  to  conduct,  as*  provided  in  this  act, 


147  BANKS   AND   BANKING.  Act  400, 1       i-7 

and  not  otherwise,  any  one  or  more  or  all  of  the  businesses  mentioned  in  divisions 
(a),  (b),  and  (c)  of  section  two,  of  this  act.  [Amendment  of  June  3,  1915.  In  eftect 
August  8, 1915.    Stats.  1915,  p.  1105.] 

This   section   was   also   amended    May    6.    1913,    Stats.    1913,   p.    137. 

Savings  bank,  meaning  of  term. 

§  4.  The  term  *  *  savings  bank, ' '  when  used  in  this  act,  means  a  bank  organized  for 
the  purpose  of  accumulating  and  loaning  the  funds  of  its  members,  stockholders,  and 
depositors,  and  which  may  loan  and  invest  the  funds  thereof,  receive  deposits  of  money ; 
loan,  invest,  and  collect  the  same  with  interest;  and  may  repay  depositors  with  or 
without  interest,  and  having  power  to  invest  said  funds  in  such  property,  securities, 
and  obligations  as  may  be  prescribed  by  this  act ;  and  to  declare  and  pay  dividends  on 
its  general  deposits,  and  a  stipulated  rate  of  interest  on  deposits  made  for  a  stated 
period  or  upon  special  terms. 

"Commercial  bank."  May  act  as  insurance  agent  in  cities  of  less  than  five  thousand. 
§  5.  The  term  "commercial  bank,"  when  used  in  this  act,  means  any  bank  author- 
ized by  law  to  receive  deposits  of  money,  deal  in  commercial  paper  or  to  make  loans 
thereon,  and  to  lend  money  on  real  or  personal  property,  and  to  discount  bills,  notes 
or  other  commercial  paper,  and  to  buy  and  sell  and  advertise  for  purchase  or  sale  such 
securities  as  are  permissible  for  investment  by  commercial  banks,  gold  and  silver 
bullion,  or  foreign  coins  or  bills  of  exchange;  provided,  any  commercial  bank  located 
and  doing  business  in  any  place  the  population  of  which  does  not  exceed  five  thousand 
persons,  as  shown  by  the  last  preceding  federal  census,  or  any  subsequent  census  com- 
piled and  certified  under  any  law  of  this  state,  may,  under  such  rules  and  regulations 
as  may  be  prescribed  by  the  superintendent  of  banks,  act  as  the  agent  for  any  fire,  life, 
or  other  insurance  company  authorized  by  the  authorities  of  the  state  of  California 
to  do  business  in  this  state,  by  soliciting  and  selling  insurance  and  collecting  premiums 
on  policies  issued  by  such  company ;  and  may  receive  for  services  so  rendered  such  fees 
or  commissions  as  may  be  agreed  upon  between  the  said  bank  and  the  insurance  com- 
pany for  which  it  may  act  as  agent ;  provided,  however,  that  no  such  bank  shall  in  any 
case  assume  or  guarantee  the  pajonent  of  any  premium 'on  insurance  policies  issued 
through  its  agency  by  its  principal;  and  provided,  further,  that  said  bank  shall  not 
guarantee  the  truth  of  any  statement  made  by  an  assured  in  filing  his  application  for 
insurance.  [Amendment  of  May  15,  1919.  In  effect  July  22,  1919.  Stats.  1919, 
p.  622.] 

"Trust  company"  defined. 

§  6.  The  term  "trust  company,"  when  used  in  this  act,  means  any  corporation  which 
is  incorporated  under  the  laws  of  this  state  for  the  i^urpose  of  conducting  the  business 
of  acting  as  executor,  administrator,  guardian  of  estates,  assignee,  receiver,  depositai 
or  trustee  under  appointment  of  any  court  or  by  authority  of  any  law  of  this  state, 
or  as  trustee  for  any  purpose  permitted  by  law.  [Amendment  approved  May  6,  19^.3. 
Stats.  1913,  p.  137.] 

Foreign  corporations.    Capital  and  deposits  kept  separate.    Loans,  income  as  profits. 

Attorney.    Service  of  process.    Trust  company  as  executor.    Attorney.    Branch  office 

prohibited.    May  lend  money. 

$  7.  No  foreign  corporation  shall  transact  a  banking  business  in  this  state  without 
first  complying  with  all  the  requirements  of  the  laws  of  this  state  relative  to  banks  as 
defined  in  this  act,  and  without  having  assigned  to  its  business  in  this  state  the  amount 
of  paid-up  capital  and  surplus  required  by  this  act  for  the  transaction  of  such  business 
within  this  state.  No  foreign  banking  corporation  shall  transact  business  in  this  state 
until  such  corporation  has  made  the  assignment  of  capital  required  by  this  section  and 


Act  409.  g  7  GENERAL,   LAWS.  148 

has  received  a  certificate  from  the  superintendent  of  banks;  provided,' that  a  foreign 
banking  corporation  shall  not  be  permitted  to  accept  deposits  of  money  in  this  state 
but  may  receive  a  certificate  from  the  superintendent  of  banks  to  transact  in  this  state 
only  the  business  of  buying  or  selling,  paj'ing  or  collecting  bills  of  exchange,  or  of 
issuing  letters  of  credit  or  of  receiving  money  for  transmission  or  transmitting  the 
same  by  draft,  check,  cable  or  otherwise,  or  of  making  loans;  and  provided,  further, 
that  those  foreign  banking  corporations  that  now  have  power  to  do  a  banking  business 
in  this  state  and  which  now  receive  deposits  of  money  shall  be  permitted  to  continue  to 
accept  money  on  deposit.  Any  foreign  banking  corporation  transacting  business  in 
this  state  shall  become  subject  to  the  supervision  of  the  state  superintendent  of  banks. 
Every  foreign  banking  corporation,  including  those  which  were  on  January  second, 
nineteen  hundred  thirteen,  transacting  business  in  this  state,  which  receives  any  deposits 
or  transacts  any  other  banking  business  or  transacts  its  business  in  such  a  manner  as 
might  lead  the  public  to  believe  that  its  business  is  that  of  a  bank  shall  conduct  all  its 
business  in  accordance  with  the  statutes  governing  incorporated  banking  institutions 
organized  under  the  laws  of  this  state.  The  capital  of  any  such  foreign  banking  cor- 
poration assigned  to  its  business  in  this  state  and  all  funds  and  deposits  of  money 
received  by  any  such  corporation  in  this  state  or  for  or  in  connection  with  its  business 
in  this  state  and  all  accounts  and  transactions  of  said  business  transacted  by  any  such 
foreign  corporation  in  this  state  shall  be  kept  separate  and  apart  from  the  general 
business,  assets  and  accounts  of  such  foreign  corporation  in  the  same  manner  as  if  the 
business  of  such  foreign  corporation  conducted  within  this  state  was  that  of  a  separate 
and  independent  corporation  organized  under  the  laws  of  this  state  for  the  purpose 
of  doing  a  banking  business  and  all  of  the  provisions  of  this  act  affecting  investments, 
loans  of  money,  receiving  deposits  and  'conducting  business  in  any  respect  shall  be 
deemed  to  apply  to  such  assigned  capital,  investments,  loans,  deposits,  assets,  funds 
and  business  in  the  same  manner  as  if  such  assigned  capital,  investments,  loans, 
deposits,  assets,  funds  and  business  were  that  of  such  separate  and  independent  cor- 
poration; provided,  that  loans  may  be  made  by  any  such  foreign  corporation  based  on 
its  entire  paid-up  capital  and  surplus  in  case  such  foreign  corporation  shall  have 
assigned  to  its  business  in  this  state  a  paid-up  capital  and  surplus  as  above  provided 
equal  to  twenty  per  centum  of  the  deposit  liability  of  such  branch  agency  or  office  to 
residents  of  this  state.  Such  funds  and  investments  or  loans  thereof  shall  be  appropri- 
ated solely  to  the  security  and  payment  of  such  deposits,  and  shall  not  be  mingled  with 
the  investments  of  the  capital  stock  or  other  money  or  property  belonging  to  such 
corporation  or  be  liable  for  the  debts  or  obligations  thereof.  All  income  received  from 
the  investment  of  said  funds  over  and  above  such  funds  as  may  be  paid  to  depositors 
as  interest  or  shall  be  carried  to  the  surplus  fund,  as  provided  in  section  twenty-one 
of  this  act,  shall  accrue  as  profits  to  the  corporation  and  may  be  transferred  to  its 
general  funds.  No  such  foreign  corporation  shall  transact  any  banking  business  in  this 
state  until  it  has  executed  and  filed  with  the  superintendent  of  banks  a  written  instru- 
ment appointing  such  superintendent  or  his  successor  in  office,  its  true  and  lawful 
attorney,  upon  whom  all  process  issued  by  authority  of  or  under  any  law  of  this  state 
may  be  served,  with  the  same  effect  as  if  such  corporation  was  formed  under  the  laws 
of  this  state  and  had  been  lawfully  served  with  process  therein.  Such  service  upon 
such  attorney  shall  be  deemed  personal  service  on  such  corporation.  The  superin- 
tendent of  banks  shall  forthwith  forward  by  mail,  postage  prepaid,  a  copy  of  every 
process  served  upon  him  under  the  provisions  of  this  section,  addressed  to  the  manager 
or  agent  of  such  corporation,  at  its  principal  place  of  business  in  this  state.  For  each 
copy  of  process,  the  superintendent  of  banks  shall  collect  the  sum  of  two  dollars,  which 
shall  be  paid  by  the  plaintiff  or  moving  party  at  the  time  of  the  service,  to  be  recovered 
by  him  as  a  part  of  his  taxable  costs  if  he  succeed  in  the  suit  or  proceeding.     No 


140  BANKS  AND   BANKING.  Act  409,  9  8 

foreign  corporation  shall  have  or  exercise  in  this  state  the  power  to  receive  deposits 
of  trust  moneys,  securities  or  other  personal  property  from  any  person  or  corporation 
or  any  of  the  powers  specified  in  section  six  of  this  act,  nor  have  or  maintain  an  office 
in  this  state  for  the  transaction  of,  or  transact,  directly  or  indirectly,  any  such  or 
similar  business,  except  that  a  trust  company  incorporated  in  another  state  may 
have  or  exercise  in  this  state  such  powers  as  are  permitted  to  foreign  corporations 
by  the  provisions  of  section  ninety  of  this  act  and  may  be  appointed  and  may  accept 
appointment  and  may  act  in  this  state  as  executor  of  or  trustee  under  the  last  will 
and  testament  of  any  deceased  person,  upon  giving  the  bond  required  in  such  cases 
of  individuals  unless  waived  by  the  last  will  and  testament  making  such  appointment 
and  by  taking  and  subscribing  an  oath  for  faithful  performance  of  such  trust  by  the 
president,  vice  president,  secretary,  manager  or  trust  officer  of  said  corporation; 
provided,  that  such  superintendent  of  banks,  for  the  time  being,  shall  be  attorney  of 
such  foreign  corporation  qualifying  or  acting  in  this  state  as  such  executor  or  trustee, 
upon  whom  process  against  such  foreign  corporation  may  be  served  in  any  action  or 
legal  proceeding  against  such  executor  or  trustee  affecting  or  relating  to  the  estate  or 
property  represented  or  held  by  such  executor  or  trustee,  or  any  act  or  default  of  such 
foreign  corporation  in  reference  to  such  estate  or  property,  and  it  shall  be  the  duty  of 
any  such  foreign  coi'poration  so  qualifying  or  acting  to  file  in  the  office  of  said 
superintendent  of  banks  a  copy  of  its  articles  of  incorporation,  or  of  the  statute  charter- 
ing such  corporation,  certified  by  its  secretary  under  its  corporate  seal,  together  with 
the  postoffice  address  of  its  home  office,  and  a  duly  executed  appointment  of  said 
superintendent  of  banks  as  its  attorney  to  accept  service  of  process  as  above  provided, 
and  said  superintendent  of  banks,  when  any  such  process  is  served  upon  him,  shall  at 
once  mail  the  papers  so  served  to  the  home  office  of  such  corporation;  and  provided, 
further,  that  no  foreign  corporation  which  may  have  or  exercise  in  this  state  such 
powers  as  are  permitted  to  foreign  corporations  by  the  provisions  of  section  ninety  of 
this  act  or  having  authority  to  act  as  executor  of  or  trustee  under  the  last  will  and  testa- 
ment of  any  deceased  person  shall  establish  or  maintain,  directly  or  indirectly,  any 
branch  office  or  agencj'  in  this  state,  or  shall  in  any  way  solicit,  directly  or  indirectly, 
any  business  as  executor  or  trustee  therein,  and  that  for  any  violation  of  this  proviso, 
the  court  having  jurisdiction  of  such  executor  or  trustee  in  said  proceeding  may  in  its 
discretion,  revoke  the  right  of  such  foreign  corporation  thereafter  to  act  as  executor 
or  trustee  therein;  provided,  that  nothing  in  this  act  shall  limit  or  affect  the  right  of 
any  foreign  coiporation  doing  a  banking  business  in  this  state,  to  lend  within  this 
state,  moneys  of  such  corporation  which  do  not  form  a  part  of  the  moneys,  deposits  or 
assets  of  such  corporation  assigned  or  belonging  to  its  business  in  this  state. 

This  section  shall  not  be  construed  to  prohibit  foreign  banking  corporations,  which 
do  not  maintain  an  office  in  this  state  for  the  transaction  of  business,  from  making 
loans  in  this  state  secured  by  mortgages  on  real  property,  nor  from  accepting  assign- 
ments of  mortgages  covering  real  property  situated  in  this  state,  nor  from  making  loans 
through  correspondents  which  are  engaged  in  the  business  of  banking  in  this  state 
under  the  laws  of  this  state.  [Amendment  of  May  17,  1917.  In  effect  July  27,  1917. 
Stats.  1917,  p.  598.] 

This  section  was  also  amended  May  6,  1913,  Stats.  1913,  p.  137. 

Copy  of  articles  of  incorporation. 

§  8.  Every  corporation,  at  the  time  it  applies  for  a  certificate  of  authority  to  do  a 
banking  business,  must  file  with  the  superintendent  of  banks  a  certified  copy  of  its 
articles  of  incorporation,  or  of  the  statute  chartering  such  corporation,  a  certified  copy 
of  its  by-laws,  and  also  a  certified  copy  of  all  instruments  amending  or  altering  such 
articles  of  incoiporation  or  charter  or  by-laws.  Thereafter  a  certified  copy  of  each 
amendment  or  certificate  designed  to  increase  or  decrease  the  capital  stock,  to  change 


Act  400,  go  GKKERAL   LAWS.  150 

the  number  of  directors,  to  amend  the  articles  of  incorporation,  to  change  the  prin- 
cipal place  of  business,  or  the  name  of  such  corporation,  or  to  effect  any  other  organic 
change  shall  likewise  be  so  filed  before  such  instrument  takes  effect.  Each  certifica- 
tion required  by  the  provisions  of  this  section  other  than  that  of  by-laws  must  be  by 
the  secretary  of  state.  [Amendment  of  May  15,  1919.  In  effect  July  22,  1919.  Stats. 
1919,  p.  623.] 

This  section  was  also  amended  May  6,  1913,  Stats.  1913,  p.  140;  May  17,  1917,  Stats.  1917, 
p.  601. 

Approval  for  opening  branch  office.     Capital.     Discontinuances. 

§  9.  No  bank  in  this  state,  or  any  officer  or  director  thereof,  shall  hereafter  open  or 
keep  an  office  other  than  its  principal  place  of  business,  without  first  having  obtained 
the  written  approval  of  the  superintendent  of  banks  to  the  opening  of  such  branch  of&ee, 
which  written  approval  may  be  given  or  withheld  in  his  discretion,  and  shall  not  be 
given  by  him  until  he  has  ascertained  to  his  satisfaction  that  the  public  convenience 
and  advantage  will  be  promoted  by  the  opening  of  such  branch  oflSce;  provided,  that 
no  bank  or  any  officer  or  director  thereof,  shall  open  or  maintain  any  such  branch 
office  unless  the  cajoital  of  such  bank,  actually  paid  in,  in  cash,  shall  exceed  the  amount 
required  by  this  act  by  the  sum  of  twenty-five  thousand  dollars  for  each  branch  office 
opened  and  maintained  in  the  place  where  its  principal  business  is  transacted;  and 
provided,  that  for  each  branch  office  opened  or  maintained  by  anj'  bank,  other  than  a 
bank  transacting  only  the  business  described  in  section  six  of  this  act,  in  any  place  in 
this  state  other  than  the  place  where  the  principal  business  of  such  bank  is  trans- 
acted, the  capital  of  such  bank,  actually  paid  in,  in  cash,  shall  exceed  the  amount 
required  by  this  act  in  the  sum  required  by  this  act  for  every  bank  hereafter  organized 
in  the  place  where  each  branch  office  is  to  be  opened  or  maintained,  exclusive  of  the 
capital  required  for  a  trust  department;  and,  provided  also,  that  for  each  branch  office 
opened  or  maintained  by  an}-  corporation  which  has  power  to  transact  only  such  busi- 
ness as  is  described  in  section  six  of  this  act  or  in  section  four  hundred  fifty-three  x 
of  the  Civil  Code,  in  any  place  in  this  state  other  than  the  place  where  the  principal 
business  of  such  corporation  is  transacted,  the  capital  of  such  corporation,  actually 
paid  in,  in  cash,  shall  exceed  the  amount  required  by  this  act  in  the  sum  of  twenty-five 
thousand  dollars;  and  provided,  further,  that  no  branch  office  may  be  discontinued 
without  the  previous  written  approval  of  the  superintendent  of  banks. 

Certificate  of  authority.    Fee.     Savings  banks  in  schools.    Penalty. 

Every  bank,  before  it  opens  a  branch  office,  shall  obtain  the  certificate  of  authority 
of  the  superintendent  of  banks  for  the  opening  of  each  of  said  branch  offices.  The 
applicant  shall  pay  for  such  certificate  a  fee  of  fifty  dollars;  provided,  however,  that, 
in  order  to  encourage  saving  among  the  children  of  the  schools  of  this  state,  a  bank 
may,  with  the  written  consent  of  and  under  regulations  approved  by  the  superin- 
tendent of  banks  and,  in  the  case  of  public  schools,  by  the  board  of  education  or 
board  of  school  trustees  of  the  city  or  district  in  which  the  school  is  situated,  arrange 
for  the  collection  of  savings  from  the  school  children  by  the  principal  or  teachers  of 
such  schools  or  by  collectors.  The  principal,  teacher  or  person  authorized  by  the  bank 
to  make  collections  from  the  school  children  shall  be  deemed  to  be  the  agent  of  the 
bank  and  the  bank  shall  be  liable  to  the  pupil  for  all  deposits  made  with  such  prin- 
cipal, teacher  or  other  person,  the  same  as  if  the  deposits  were  made  by  the  pupil 
directly  with  the  bank.  Every  bank  and  every  such  officer  or  director  violating  the 
provisions  of  this  section  shall  forfeit  to  the  people  of  the  state  the  sum  of  one 
hundred  dollars  for  every  day  during  which  any  branch  office  hereafter  opened  shall 
be  maintained  without  such  written  approval.  [Amendment  of  May  17,  1917.  Iii 
effect  July  27, 1917.    Stats.  1917,  p.  601.] 

This  section  was  also  amended  May  6,  1913,  Stats.  1913,  p.  140. 


151  BANKS   AND   BANKING.  Act  409,  §§  10-13 

Qualifications  for  bank  director.     Bank  without  capital  stock. 

^  10.     No  person  shall  be  eligible  for  election  as  director  of  a  bank  having  a  capital 

stock  unless  he  is  a  stockholder  of  the  bank,  owning,  in  his  own  right,  shares  thereof 

of  the  par  value  of  at  least  five  hundred  dollars;   and  every  person  elected  to  be 

director  who,  after  such  election,  shall  cease  to  be  the  owner  in  his  own  right  of  the 

amount  of  such  stock  aforesaid,  or  shall  hypothecate  or  in  any  way  pledge  such  stock 

as  security  for  any  loan  or  debt  shall  immediately  notify  the  superintendent  of  banks 

in  writing  of  such  sale  or  hj^pothecation  and  such  director  may  be  removed  from  the 

office  of  director  by  the  superintendent  of  banks;  provided,  however,  that  any  executor 

or  executrix,  administrator  or  administratrix  holding  shares  of  a  bank  of  the  par 

value  of  five  hundred  dollars,  in  his  or  her  representative  capacity  shall  be  eligible  for 

election  as  a  director  thereof.    If  a  bank  be  organized  without  capital  stock,  no  person 

shall  be  eligible  as  a  director  thereof  unless  he  is  both  a  member  and  a  depositor  of 

such  bank.      [Amendment  of  May  17,  1917.     In  effect  July  27,  1917.     Stats.  1917, 

p.  602.] 

This  section  was  also  amended  May  6,  1913,  Stats.  1913,  p.  141;  June  3,  1915,  Stats.  1915, 
p.  1138. 

Meetings.    Oath  of  director.    Agents  of  foreign  corporations. 

$  11.  The  board  of  directors  of  a  bank  organized  under  the  laws  of  this  state  must 
hold  a  meeting  in  its  banking  premises  at  least  once  a  month.  Each  such  director, 
when  appointed  or  elected,  shall  take  an  oath  that  he  will,  as  far  as  the  duty  devolves 
on  him,  diligently  and  honestly  administer  the  affairs  of  such  bank,  and  will  not 
knowingly  violate  or  willfully  permit  to  be  violated  any  of  the  provisions  of  law 
applicable  to  such  bank,  and  that  he  is  the  owner  in  good  faith  and  in  his  own  right  of 
shares  of  stock  of  the  par  value  required  by  section  ten  of  this  act,  subscribed  by  him 
or  standing  in  his  name  on  the  books  of  the  bank,  and  that  the  same  to  an  amount 
equal  to  the  par  value  of  at  least  five  hundred  dollars,  are  not  hypothecated  or  in  anj' 
way  pledged  as  security  for  any  loan  or  debt.  Such  oath  shall  be  subscribed  by  the 
director  making  it,  certified  by  the  ofiicer  before  whom  it  is  taken,  and  immediately 
transmitted  to  the  superintendent  of  banks  and  filed  and  preserved  in  his  office;  pro- 
vided, the  managers  or  agents  residing  in  this  state,  of  a  foreign  corporation  transacting 
any  banking  business  in  this  state,  shall  take  an  oath  that  they  will,  as  far  as  the 
*duty  devolves  on  them,  diligently  and  honestly  administer  the  affairs  of  such  bank,  and 
will  not  knowingly  violate  or  willfully  permit  to  be  violated  any  of  the  provisions  of 
law  applicable  to  such  bank.  Such  oath  shall  be  subscribed  by  the  managers  or  agents 
taking  it,  certified  by  the  officer  before  whom  it  is  taken,  and  immediately  transmitted 
to  the  superintendent  of  banks  and  filed  and  preserved  in  his  office.  [Amendment  of 
June  3,  1915.    In  effect  August  8,  1915.    Stats.  1915,  p.  1105.] 

This  section  was  also  amended  April  21,  1911,  Stats.  1911,  p.  1008;  May  6,  1913,  Stats. 
1913,  p.  141. 

Advertising  as  bank.    Use  of  word  "bank."    Not  applicable  to  building  and  loan 
associations.    Penalty.    Injunction. 

$  12.  No  person,  firm,  company,  copartnership  or  corporation,  either  domestic  or 
foreign,  not  subject  to  the  supervision  of  the  superintendent  of  banks,  and  not  required. 
by  the  provisions  of  this  act,  to  report  to  him,  and  which  has  not  received  a  certificate 
to  do  a  banking  business  from  the  superintendent  of  banks,  shall  advertise  that  he  or 
it  is  receiving  or  accepting  money  or  savings,  and  issuing  notes  or  certificates  of 
deposit  therefor,  or  shall  make  use  of  any  office  sign,  at  th^  place  where  such  business 
is  transacted,  having  thereon  any  artificial  or  corporate  /lame,  or  other  words  indi- 
cating that  such  place  or  office  is  the  place  or  office  .:>f  a  bank  or  trust  company,  or 
that  deposits  are  received  there  or  payments  made  on  check,  or  any  other  form  of 
banking  business   transacted,  nor  shall  any  such  person  or  persons,  firm,  company, 


Act  409,  §  12a  GENERAL,   LAWS.  152 

copartnership  or  corporation,  domestic  or  foreign,  make  use  of  or  circulate  any  letter- 
heads, billheads,  blank  notes,  blank  receipts,  certificates  or  circulars,  or  any  written 
or  printed,  or  partly  written  and  partly  printed,  paper,  whatever,  having  thereon  any 
artificial  or  corporate  name  or  other  word  or  words  indicating  that  such  business  is 
the  business  of  a  bank,  savings  bank  or  trust  company;  nor  shall  any  such  person, 
firm,  company,  copartnership  or  corporation,  or  any  agent  of  a  foreign  corporation 
not  having  an  established  place  of  business  in  this  state,  solicit  or  receive  deposits 
or  transact  business  in  the  way  or  manner  of  a  bank,  savings  bank  or  trust  company, 
or  in  such  a  way  or  manner  as  to  lead  the  public  to  believe  that  its  business  is 
that  of  a  bank,  savings  bank  or  trust  company.  Nor  shall  any  person,  firm,  company, 
copartnership  or  corporation,  domeetic  or  foreign,  not  subject  to  the  supervision  of 
the  superintendent  of  banks,  and  not  required  by  the  provisions  of  this  act  to  report 
to  him,  and  which  has  not  received  from  the  superintendent  of  banks  a  certificate 
to  do  a  banking  business,  hereafter  transact  business  under  any  name  or  title  which 
contains  the  word  "bank,"  or  "banker,"  or  "banking,"  or  "savings  bank,"  or  "sav- 
ings" or  "trust"  or  "trustee"  or  "trust  company";  provided,  that  this  section  shall 
not  apply  to  the  corporate  name  of  any  building  and  loan  association  now  or  heretofore 
doing  business  in  this  state;  and  provided,  further,  that  any  such  association  having 
in  its  corporate  name  words  not  clearly  indicating  the  nature  of  its  business  shall, 
on  all  signs,  letterheads  and  advertising  matter,  state  "This  is  a  building  and  loan 
association"  or  words  to  that  effect;  and  provided,  further,  that  any  building  and  loan 
association  may  borrow  money,  issue  investment  certificates  or  evidences  of  indebted- 
ness, stating  the  rate  of  interest  and  terms  and  conditions  of  repayment,  and  do 
such  other  business  as  may  be  authorized  by  the  laws  of  the  state  relating  to  building 
and  loan  associations;  and  provided,  further,  that  no  such  association  shall  advertise 
or  hold  itself  out  to  the  public  as  a  savings  bank.  Any  person,  firm,  company,  copart- 
nership or  corporation,  domestic  or  foreign,  violating  any  provision  of  this  section 
shall  forfeit  to  the  state  one  hundred  dollars  a  day  for  every  day  or  part  thereof 
during  which  such  violation  continues.  Upon  action  brought  by  the  superintendent 
of  banks  the  court  may  issue  an  injunction  restraining  any  such  person,  firm,  com- 
pany, copartnership  or  corporation  from  further  using  such  words  in  violation  of  the 
provisions  of  this  section  or  from  further  transacting  business  in  such  a  way  or 
manner  as  to  lead  the  public  to  believe  that  its  business  is  that  of  a  bank,  savings, 
bank  or  trust  company  during  the  pendency  of  such  action  and  for  all  time  and  may 
make  such  other  order  or  decree  as  equity  and  justice  may  require.  [Amendment  of 
May  6, 1913.    Stats.  1913,  p.  141.] 

This  section  was  also  amended  December  24,  1911,  Stats.  1911,  Ex,  Sess.,  p.  115. 

Prerequisites  to  advertising  as  bank.    Not  applicable  to  building  and  loan  associations. 

^  12a.  Every  person,  firm,  company,  copartnership  or  corporation,  domestic  or 
foreign,  advertising  that  he  or  it  is  receiving  or  accepting  money  or  savings,  and 
issuing  notes  or  certificates  of  deposit  therefor  or  advertising  that  he  or  it  is  trans- 
acting the  business  of  a  bank,  savings  bank  or  trust  company,  or  making  use  of  any 
ofiice  sign  at  the  place  where  such  business  is  transacted,  having  thereon  any  arti- 
ficial or  corporate  name,  or  other  words  indicating  that  such  place  or  office  is  the 
place  or  office  of  a  bank  or  trust  company,  or  that  deposits  are  received  there  or 
payments  made  on  check,  or  that  interest  is  paid  on  deposits,  or  that  certificates  of 
deposit,  either  with  or  without  interest  are  being  issued,  or  that  any  other  form  of 
banking  business  is  transacted,  and  every  person,  firm,  company,  copartnership  or 
corporation,  domestic  or  foreign,  making  use  of  or  circulating  any  letterheads,  bill- 
heads, blank  notes,  blank  receipts,  certificates  or  circulars,  or  any  written  or  printed, 
or  partly  written  and  partly  printed,  paper,  wliatever,  having  thereon  any  artificial 
or  coi'porate  name,  or  advertising  that  such  business  is  the  business  of  a  bank,  savings 


153  BANKS   AIVD   BAXKING.  Act  409,  §§  12b,  ll'c 

bank  or  trust  company,  must  have  the  proper  capital  stock  paid  in  and  set  aside  for 
the  purpose  of  transacting  such  business,  and  must  have  received  from  the  superin- 
tendent of  banks,  as  provided  for  in  this  act,  a  certificate  to  do  a  banking  business. 
Any  person,  firm,  company,  copartnership  or  corporation,  domestic  or  foreign,  violating 
any  provision  of  this  section  shall  forfeit  to  the  state  one  hundred  dollars  a  day  for 
every  day  or  part  thereof  during  which  such  violation  continues.  Upon  action  brought 
by  the  superintendent  of  banks  the  court  may  issue  an  injunction  restraining  any 
such  person,  firm,  company,  copartnership  or  corporation  from  further  violating  any 
provision  of  this  section,  and  may  make  such  further  order  or  decree  as  equity  and 
justice  may  require.  Every  person,  firm,  company,  copartnership  or  corporation  doing 
any  of  the  things  or  transacting  any  of  the  business  defined  in  this  section,  must 
transact  such  business  according  to  the  provisions  of  the  bank  act,  and  the  superin- 
tendent of  banks  or  his  deputy  or  examiners  shall  have  authority  to  examine  the 
accounts,  books  and  papers  of  every  such  person,  firm,  company,  copartnership  or 
corporation,  domestic  or  foreign,  in  order  to  ascertain  whether  such  person,  firm, 
company,  copartnership  or  corporation  has  violated  or  is  violating  any  provisions  of 
this  section;  provided,  that  this  section  shall  not  apply  to  the  corporate  name  of  any 
building  and  loan  association  now  or  heretofore  doing  business  in  this  state;  and 
provided,  further,  that  any  such  association  having  in  its  corporate  name  words  not 
clearly  indicating  the  nature  of  its  business  shall,  on  all  signs,  letterheads  and 
advertising  matter,  state:  "This  is  a  building  and  loan  association"  or  words  to  that 
eifect;  and  provided,  further  than  any  building  and  loan  association  may  borrow 
money,  issue  investment  certificates  or  evidences  of  indebtedness,  stating  the  rate 
of  interest  and  terms  and  conditions  of  repayment,  and  do  such  other  business  as  may 
be  authorized  by  the  laws  of  the  state  relating  to  building  and  loan  associations;  and 
provided,  further,  that  no  such  association  shall  advertise  or  hold  itself  out  to  the 
public  as  a  savings  bank.     [Amendment  approved  May  6,  1913.     Stats.  1913,  p.  143.] 

This  section  was  added  to  tlie  act  April  21,  1911,  Stats.  1911,  p.  1008;  and  was  also 
amended  December  24,  1911,  Stats.  1911,  Ex.  Sess.,  p.  116. 

Not  applicable  to  life  insurance  companies. 

$  12b.  Nothing  in  this  act  shall  be  construed  or  held  to  apply  to  any  corporation 
organized  under  the  laws  of  any  other  state  which  is  authorized  by  its  charter  or 
articles  of  incorporation  to  transact  the  business  of  life  insurance  and  also  to  be 
known  as  and  to  transact  business  as  a  trust  company  and  which  shall  have  com- 
plied with  the  laws  of  this  state  affecting  the  transaction  in  this  state  of  the  business 
of  life  insurance  by  a  foreign  corporation  and  which  shall  have  heretofore  engaged  in 
such  business  of  life  insurance  in  this  state,  in  such  manner  as  to  forbid  or  prevent 
its  making  use  of  its  corporate  title  in  its  life  insurance  business  in  this  state  in  any 
such  way  and  to  any  such  extent  as  it  might  have  made  use  of  the  same  if  this  act 
had  not  been  passed.     [New  section,  approved  May  6,  1913.    Stats.  1913,  p.  144.] 

Foreign  corporations  may  lend  money  in  state.     Representative.    License.     Fee. 

^  12c.  Any  corporation  organized  under  the  laws  of  any  country  or  state  other  than 
this  state  which  has  complied  with  all  of  the  laws  of  this  state  pertaining  to  foreign 
corporations  and  is  not  engaged  in  the  business  of  banking  or  receiving  money  on 
deposit  in  this  state  may  lend  monej"  or  buy  and  sell  bonds  in  this  state  and,  for  that 
|)urpose,  may  maintain  offices  in  this  state,  and  sue  and  be  sued  in  this  state  under  its 
]>roi)er  corporate  name,  notwithstanding  any  prohibitions  contained  in  this  act  as  to 
the  use  of  any  words  in  the  name,  signs  or  advertising  matter  of  corporations  not 
under  the  supervision  of  the  superintendent  of  banks;  provided,  that  nothing  in  this 
act  shall  be  construed  to  prohibit  any  representative  of  any  foreign  banking  corjiora- 
tion  from  maintaining  an  office  in  this  state  as  the  office  of  a  representative  and  not  the 


Act409,  g§13-lS  GEXERAL.   LAWS.  154 

place  of  business  of  a  bank  or  trust  company,  nor  to  prohibit  such  representative  from 
making  use  of  any  office  sign  at  the  place  where  such  representative's  office  is  main- 
tained having  thereon  words  indicating  that  such  office  is  the  place  of  business  of  a 
representative  of  a  foreign  bank  or  trust  companj';  and  provided,  further,  that  any 
representative  of  a  foreign  bank  maintaining  an  office  within  this  state  may  make  use 
of  such  foreign  bank's  letterheads,  circulars  and  other  printed  matter  in  the  trans- 
action of  business  as  such  representative;  and  provided,  further,  every  representative 
of  any  foreign  bank  or  trust  company  before  opening  an  office  as  a  representative  shall 
have  received  a  license  from  the  superintendent  of  banks  to  open  such  representative's 
office.  Such  license  may  be  issued  upon  application  to  the  superintendent  of  banks  and 
the  payment  of  an  annual  license  fee  of  fifty  dollars  and  may  be  refused  or  revoked  by 
the  superintendent  of  banks  at  his  discretion,  [Amendment  of  May  17,  1917.  In 
effect  July  27,  1917.    Stats.  1917,  p.  603.] 

This  section  was  added  to  the  act  May  6,  1913,  Stats.  1913,  p.  144. 

Corporations  forbidden  to  engage  in  banking.    Express  companies,  etc.,  may  transmit 

money. 

$  13.  No  corporation,  domestic  or  foreign,  other  than  a  corporation  formed  under 
or  subject  to  the  banking  laws  of  this  state  or  of  the  United  State,  except  as  permitted 
by  such  laws,  or  other  than  an  express  company  as  hereinafter  defined  in  this  section, 
shall  by  any  implication  or  construction  be  deemed  to  possess  the  power  of  carrying  on 
the  business  of  discounting  bills,  notes  or  other  evidences  of  debt,  of  receiving  deposits, 
of  buying  and  selling  bills  of  exchange,  or  of  issuing  bills,  notes  or  other  evidences  of 
debt  for  circulation  as  money,  or  of  engaging  in  any  other  form  of  banking;  nor  shall 
any  such  corporation,  except  an  express  company  having  contracts  with  railroad  com- 
panies for  the  operation  of  an  express  service  upon  the  lines  of  such  railroad  com- 
panies, or  a  transatlantic  steamship  company,  or  a  transpacific  steamship  company,  or 
a  telegraph  company,  or  a  telephone  company,  possess  the  power  of  receiving  money 
for  transmission  or  of  transmitting  the  same,  by  draft,  traveler's  cheek,  money  order 
or  otherwise.  [Amendment  of  May  17,  1917.  In  effect  July  27,  1917.  Stats.  1917, 
p.  603.] 

The  origrinal  section,  dealing  with  unincorporated  banks,  was  repealed  May  6,  1913,  Stats. 
1913,  p.  144.    A  new  section  of  the  same  number  was  added  June  3,  1915,  Stats.  1915,  p.  1105. 

Advertising  capital,  resources,  liabilities,  etc. 

§  14.  No  bank,  or  officer  thereof,  shall  advertise  in  any  manner,  or  publish  any 
statement  of  the  capital  authorized  or  subscribed,  unless  it  or  he  advertise  and  publish 
in  connection  therewith,  the  amount  of  capital  actually  paid  up.  No  bank  shall 
publish  a  statement  of  its  resources  or  liabilities  in  connection  with  those  of  any 
other  bank,  unless  such  statement  shall  show  the  resources  and  liabilities  of  eacb 
bank  separately;  nor  shall  surplus  and  undivided  profits  be  advertised  as  an  aggregate. 
[Amendment  approved  May  6,  1913.     Stats.  1913,  p.  144.] 

Unclaimed  deposits.     Claimants  to  show  cause.    Publication  of  summons  and  notice. 

Jurisdiction  of  court. 

§  15.  All  amounts  of  money  heretofore  or  hereafter  deposited  with  any  bank  to  the 
credit  of  depositors  who  have  not  made  a  deposit  on  said  account  or  withdrawn  any 
part  thereof  or  the  interest  and  which  shall  have  remained  unclaimed  for  more  than 
twenty  years  after  the  date  of  such  deposit,  or  withdrawal  of  any  part  of  principal  or 
interest,  and  where  neither  the  depositor  or  any  claimant  has  filed  any  notice  wiih 
such  bank  showing  his  or  her  present  residence,  shall,  with  the  increase  and  proceeds 
thereof,  be  deposited  with  the  state  treasurer  after  judgment  in  the  manner  provided 
in  the  Code  of  Civil  Procedure.  At  the  time  of  issuing  the  summons  in  the  action  pro- 
vided for  in  section  1273  of  the  Code  of  Civil  Procedure,  the  clerk  shall  also  issue  a 


155  BANKS   AND   BANKING.  Act  409,  S  15 

notice  signed  by  him,  giving  the  title  and  number  of  said  action,  and  referring  to  the 
complaint  therein,  and  directed  to  all  persons,  other  than  those  named  as  defendants 
therein,  claiming  any  interest  in  any  deposit  mentioned  in  said  complaint,  and  requir- 
ing them  to  appear  within  sixty  days  after  the  first  publication  of  such  summons,  and 
show  cause,  if  any  they  have,  why  the  moneys  involved  in  said  action  should  not  be 
deposited  with  the  state  treasurer  as  in  said  section  provided,  and  notifying  them  that 
if  they  do  not  so  appear  and  show  cause,  the  state  will  apply  to  the  court  for  the  relief 
demanded  in  the  comj^laint.  A  copy  of  said  notice  shall  be  attached  to  and  published 
with  the  copy  of  said  sununons  required  to  be  published  by  said  section,  and  at  the 
end  of  the  copy  of  such  notice  so  published  there  shall  be  a  statement  of  the  date  of  the 
first  publication  of  said  summons  and  notice.  Any  person  interested  may  appear  in 
said  action  and  become  a  party  thereto.  Upon  the  completion  of  the  publication  of  the 
summons  and  notice,  and  the  service  of  the  summons  on  the  defendant  bank,  or  banks, 
as  in  said  section  1273  of  the  Code  of  Civil  Procedure  provided,  the  court  shall  have 
full  and  complete  jurisdiction  over  the  state,  and  the  said  deposits  and  of  the  person 
of  every  one  having  or  claiming  any  interest  in  the  said  deposits,  or  any  of  them,  and 
shall  have  full  and  complete  jurisdiction  to  hear  and  determine  the  issues  therein,  and 
render  the  appropriate  judgment  thereon. 

Statement  concerning  unclaimed  deposits.    Matters  shown  in  statement. 

The  president  or  managing  officer  of  ever,y  bank  must,  within  fifteen  days  after  the 
first  day  of  January  of  every  year,  return  to  the  superintendent  of  banks  and  to  the 
state  controller  a  sworn  statement  showing  the  names  of  depositors  known  to  be  dead, 
or  who  have  not  made  further  deposits,  or  withdrawn  any  moneys  during  the  preceding 
twenty  years.     Such  statement  shall  show  in  detail  the  following  matters,  viz. : 

First — The  name  and  last  known  place  of  residence  or  post  office  address  of  the 
person  making  such  deposit; 

Second — The  amount  and  date  of  such  deposit  and  whether  the  same  are  in  moneys 
or  securities,  and  if  the  latter,  the  nature  of  the  same; 

Third — The  interest  due  on  such  deposit,  if  any,  and  the  amount  thereof; 

Fourth — The  sum  total  of  such  deposit,  together  with  the  interest  added  thereto 
due  from  such  bank  on  account  of  such  deposit  or  deposits  and  the  interest  thereon 
to  such  depositor,  but  nothing  contained  herein  shall  require  any  corporation  or  person 
renting  lock  boxes  or  safes  in  vaults  for  storage  purposes  to  open  or  report  concerning 
property  stored  therein.  Such  reports  itemized  as  aforesaid  shall  be  signed  by  the 
person  making  the  same  and  shall  be  sworn  to  before  a  person  competent  to  administer 
oaths  as  a  full,  complete  and  truthful  statement  of  each  of  the  items  therein  contained. 

Biennial  statement  of  ten-year  unclaimed  deposits.     Publication  of  statement.    Penalty 

for  violation.     Transferred  deposits. 

The  president  or  managing  officer  of  every  bank  must  within  fifteen  days  after  the 
first  day  of  January  of  every  odd  numbered  year,  return  to  the  superintendent  of 
banks  a  sworn  statement  showing  the  names  of  depositors  known  to  be  dead,  or  who 
have  not  made  further  deposits,  or  withdrawn  any  moneys  during  the  preceding  ten 
years.  Such  statements  shall  show  the  amount  of  the  account,  the  depositor's  last 
known  place  of  residence  or  post  office  address,  and  the  fact  of  death,  if  known  to 
such  president  or  managing  officer.  Such  president  or  managing  officer  must  give 
notice  of  these  deposits  in  one  or  more  newspapers  published  in  or  nearest  to  the  town 
or  city  where  such  bank  has  its  principal  place  of  business,  at  least  once  a  week  for 
four  consecutive  weeks,  the  cost  of  such  publication  to  be  paid  pro  rata  out  of  such 
unclaimed  deposits.  This  section  does  not  apply  to  any  deposit  made  by  or  in  the  name 
of  a  person  known  to  the  president  or  managing  officer  to  be  living.  The  superintendent 
of  banks  must  incoii^orate  in  his  subsequent  report  such  returns  made  to  him  as  pro- 


Act  409,  §§  ie-l9  GENERA  1.   LAWS,  15« 

vided  in  this  section.  If  any  president  or  managing  officer  of  any  bank  neglects  or 
refuses  to  make  the  sworn  statements  required  by  this  section  such  bank  shall  forfeit 
to  the  state  of  California  the  sum  of  one  hundred  dollars  a  day  for  each  day  such 
default  shall  continue.  Any  president  or  managing  officer  of  any  bank  who  violates  any 
of  the  provisions  of  this  section  shall  forfeit  to  the  state  of  California  the  sum  of 
one  hundred  dollars  a  day  for  each  and  every  day  such  violation  shall  continue.  For 
the  purposes  of  this  section  all  deposits  received  by  any  bank  under  the  provision  of 
section  thirty-one  or  section  thirty-one  a  of  this  act  shall  be  deemed  to  have  been 
deposited  with  such  bank  at  the  time  the  deposit  was  made  with  the  bank  from  which 
the  deposit  was  transferred;  provided,  that  any  bank  which  shall  make  any  deposit 
with  the  state  treasurer  in  conformity  with  the  provisions  of  this  section  shall  not 
thereafter  be  liable  to  any  person  for  the  same  and  any  action  which  may  be  brought 
by  any  person  against  any  bank  for  moneys  so  deposited  with  the  state  treasurer  shall 
be  defended  by  the  attorney  general  without  cost  to  such  bank.  [Amendment  of 
June  3,  1915.    In  effect  August  8,  1915.    Stats.  1915,  p.  1106.] 

This  section  was  also  amended  May  6,  1913,  Stats.  1913,  p.  145. 

Bank  deposits   of  married  women  and  minors.    Deposits  in  trust.    Withdrawal   of 
deposits  of  deceased  persons.    Not  over  five  hundred  dollars. 
§  16.     [Repealed  May  15,  1919.     In  effect  July  22,  1919.     Stats.  1919,  p.  623.] 

This  section  was  amended  April  21,  1911,  Stats.  1911,  p.  1003;  May  31,  1913,  Stats.  1913, 
p.   335;   June  3,   1915,  Stats.    1915,   p.   1139. 

Stockholders,  list  of  to  be  accessible. 

§  17.  Everj'  bank  now  in  existence  or  hereafter  organized  shall  keep  in  its  offices, 
in  a  place  accessible  to  the  stockholders,  depositors,  and  creditors  thereof,  and  for  their 
use,  a  book  containing  a  list  of  stockholders  in  such  corporation,  and  the  number  of 
shares  of  stock  held  by  each;  and  every  such  bank  shall  keep  posted  in  its  office,  in  a 
conspicuous  place,  accessible  to  the  public  generally,  a  notice  signed  by  the  president 
or  secretary,  showing: 

1.  The  names  of  the  directors  of  such  bank. 

2.  The  number  and  the  par  value  of  the  shares  of  stock  held  by  each  director. 

The  entries  on  such  book  and  such  notice  shall  be  made  and  posted  within  twenty- 
four  hours  after  any  transfer  of  stock,  and  shall  be  prima  facie  evidence  against  each 
director  and  stockholder  of  the  number  of  shares  of  stock  held  by  each. 

Partnership,  list  of. 

§  18.     [Repealed  May  6,  1913.    Stats.  1913,  p.  146.] 

Capital  and  deposit  liabilities. 

§  19.  The  aggregate  of  paid-up  capital  together  with  the  surplus,  of  every  com- 
mercial bank,  must  equal  ten  per  centum  of  its  deposit  liabilities.  The  aggregate  of 
paid-up  capital  and  surplus  of  every  savings  bank  having  a  capital  stock,  and  the 
reserve  fund  of  every  savings  bank  without  a  caj^ital  stock,  must  equal  the  following 
percentages  of  its  deposit  liabilities: 

(a)  Ten  per  centum  of  any  amount  up  to  and  including  two  million  dollars. 

(b)  Seven  and  one-half  per  centum  of  any  amount  in  excess  of  two  million  dollars 
up  to  and  including  five  million  dollars. 

(c)  Five  per  centum  of  any  amount  in  excess  of  five  million  dollars  up  to  and 
including  fifteen  million  dollars. 

(d)  Two  and  one-half  per  centum  of  any  amount  in  excess  of  fifteen  million  dollars 
up  to  and  including  forty  million  dollars. 

(o)    One  per  centum  of  any  amount  in  excess  of  forty  million  dollars. 


157  BA^KS   AND  BANKING.  Act  409,  §  20 

The  deposits  shall  not  be  increased  if  such  proportion  of  paid-up  capital  and  surplus 
or  reserve  fund  to  deposit  liabilities  is  not  maintained,  and  in  no  event  shall  said 
paid-up  capital  be  less  than  the  minimum  paid-up  capital  provided  by  this  act;  pro- 
vided, that  such  deposit  liabilities  shall  be  exclusive  of  United  States  and  postal  sav- 
ings deposits  and  deposits  of  the  state  of  California  and  of  any  county  and  munici- 
pality in  the  state  of  California  which  are  secured  as  required  by  law.  [Amendment 
of  May  15,  1919.    In  effect  July  22,  1919.    Stats.  1919,  p.  623.] 

This  section  was  also  amended  May  6,  1913,  Stats.  1913,  p.  146. 

Total  reserves  of  commercial  banks. 

$  20.  Every  commercial  bank  shall  maintain  total  reserves  against  its  aggregate 
deposits,  exclusive  of  United  States  and  postal  savings  deposits  and  deposits  of  the 
state  of  California  and  of  any  county  and  municipality  in  the  state  of  California, 
which  are  secured  as  required  by  law,  as  follows: 

1.  Eighteen  per  centum  of  such  deposits  if  such  bank  has  its  principal  place  of 
business  in  a  city  having  a  population  of  one  hundred  thousand  or  over. 

2.  Fifteen  per  centum  of  such  deposits,  if  such  bank  is  located  in  a  city  having  a 
population  of  fifty  thousand  or  over  and  less  than  one  hundred  thousand. 

3.  Twelve  per  centum  of  such  deposits  if  such  bank  is  located  elsewhere  in  the  state. 

How  maintained.    If  member  of  federal  reserve  bank.    Penalty  for  not  maintaining 

reserves. 

At  least  one-half  of  the  total  reserves  shall  be  maintained  as  reserves  on  hand  and 
shall  consist  of  gold  bullion  or  any  form  of  money  or  currency  authorized  by  the  laws 
of  the  United  States,  and  the  remainder  of  the  total  reserves  required  by  the  pro- 
visions of  this  section  shall  be  maintained  as  reserves  on  deposit  or  as  reserves  on 
hand;  such  reserves  on  hand  to  consist  of  gold  bullion  or  any  form  of  money  or  cur- 
rency authorized  by  the  laws  of  the  United  States;  provided,  however,  that  all  or  any 
part  of  the  reserves  may  be  deposited,  subject  to  call,  with  a  federal  reserve  bank  in 
the  district  in  which  such  bank  is  located. 

If  any  bank  shall  have  become  a  member  of  a  federal  reserve  bank,  it  shall  comply 
with  the  reserve  requirements  of  the  federal  reserve  act  and  its  amendments,  and  its 
compliance  therewith  shall  be  in  lieu  of,  and  shall  relieve  such  bank  from  compliance 
with,  the  provisions  of  this  section. 

If  any  bank  shall  not  maintain  the  total  reserves  required  the  superintendent  of 
banks  may  impose  a  penalty  upon  it,  based  upon  the  length  of  time  such  encroachment 
upon  its  total  reserves  amounting  to  one  per  centum  or  more  of  its  aggregate  deposits 
shall  continue,  at  the  following  rates: 

1.  At  the  rate  of  six  per  centum  per  annum  upon  any  such  encroachment  not  exceed- 
ing two  per  centum  of  such  deposits. 

2.  At  the  rate  of  eight  per  centum  per  annum  upon  any  additional  encroachment  in 
excess  of  two  and  not  exceeding  three  per  centum  of  such  deposits. 

3.  At  the  rate  of  ten  per  centum  per  annum  upon  any  additional  encroachment  in 
excess  of  three  and  not  exceeding  four  per  centum  of  such  deposits. 

4.  At  the  rate  of  twelve  per  centum  per  annum  upon  any  additional  encroachment  in 
excess  of  four  per  centum  of  such  deposits. 

Reserve  depositaries.    Required  capital  and  surplus  of  depositary. 

The  superintendent  of  banks  shall,  in  his  discretion,  upon  the  nomination  of  any 
bank,  designate  a  depositary  or  depositaries  for  the  reserves  on  deposit  of  such  bank 
provided  for  l)y  this  act.  Except  as  otherwise  provided  in  this  section,  such  depositary- 
shall  be  a  bank  or  national  banking  association  located  in  this  state.  Every  reserve 
depositary,  which  has  its  principal  place  of  business  in  a  judicial  township  or  in  a  city 
located  in  this  state  in  which  the  population  is  less  than  fifty  thousand,  shall  have  at 


Act  409,  g  21  GENERAL.   LAAVS.  15» 

all  times  as  its  total  reserves  an  amount  equal  to  the  total  reserves  required  by  the 
provisions  of  this  section  for  every  bank  which  has  its  principal  place  of  business  in  a 
city  having  a  population  of  fifty  thousand  or  over  and  less  than  one  hundred  thousand. 
But  no  bank  or  national  banking  association  shall  hereafter  be  designated  as  a  deposi- 
tary of  any  such  reserves  unless  it  shall  have  a  combined  capital  and  surplus  of  not 
less  than  the  following  amounts : 

1.  Two  hundred  fifty  thousand  dollars,  if  located  in  a  city  which  has  a  population 
of  three  hundred  thousand  or  over; 

2.  Two  hundred  thousand  dollars,  if  located  in  a  city  which  has  a  population  of  one 
hundred  thousand  or  over  and  less  than  three  hundred  thousand; 

3.  One  hundred  fifty  thousand  dollars,  if  located  in  a  city  which  has  a  population  of 
fifty  thousand  or  over  and  less  than  one  hundred  thousand ; 

4.  One  hundred  thousand  dollars,  if  located  elsewhere  in  the  state. 

Such  depositary  may  also  be  a  banking  corporation  with  a  capital  and  surplus  of 
one  million  dollars  or  more,  located  in  any  city  in  the  United  States. 

Restoration  of  reserves.      "Reserves  on  hand."      "Reserves  on  deposit."      "Total 

reserves."     "Reserve  depositary." 

If  the  total  reserves  of  any  bank  shall  be  less  than  the  amount  required  by  this  sec- 
tion, such  bank  shall  not  increase  its  liabilities  by  making  any  new  loans  or  discounts, 
otherwise  than  by  discounting  bills  of  exchange  on  sight,  or  by  paying  any  dividends 
from  profits  until  the  full  amount  of  its  total  reserves  has  been  restored.  The  superin- 
tendent of  banks  may  notify  any  bank  whose  total  reserves  shall  be  below  the  amount 
herein  required,  to  restore  such  total  reserves ;  and,  if  it  shall  fail  for  thirty  days  there- 
after to  restore  such  total  reserves,  such  bank  shall  be  deemed  insolvent  and  may  be 
proceeded  against  under  the  provisions  of  this  act;  provided,  that  all  deposits  of  money 
herein  permitted  or  required  shall  comply  with  the  provisions  of  section  forty-throe 
of  this  act. 

The  tei-m,  "reserves  on  hand,"  when  used  in  this  act,  means  the  reserves  against 
deposits  kept,  pursuant  to  the  provisions  of  this  act,  in  the  vault  of  any  bank  or  in  any 
safety  deposit  box  in  any  other  bank  in  this  state,  said  box  to  be  under  the  exclusive 
control  of  the  depositing  bank. 

The  term,  "reserves  on  deposit,"  when  used  in  this  act,  means  the  reserves  against 
deposits  maintained  by  any  bank  pursuant  to  this  act  in  reserve  depositai'ies,  or  in 
a  federal  reserve  bank  in  the  district  in  which  such  bank  is  located  and  not  in  excess  of 
the  amount  authorized  by  this  act. 

The  term,  "total  reserves,"  when  used  in  this  act,  means  the  aggregate  of  reserves 
on  hand  and  reserves  on  deposit  maintained  pursuant  to  the  provisions  of  this  act. 

The  term,  "reserve  depositary,"  when  used  in  this  act,  means  a  bank,  trust  com- 
pany or  banking  corporation  designated  by  the  superintendent  of  banks  on  the  nomina- 
tion of  the  depositing  bank  as  a  depositary  for  reserves  on  deposit.  [Amendment  of 
May  15,  1919.    In  effect  July  22, 1919.    Stats.  1919,  p.  623.] 

This  section  was  also  amended  April  21,  1911,  Stats.  1911,  p.  1909;  December  18,  1911, 
Stats.  1911,  Ex.  Sess.  p.  2;  May  6.  1913,  Stats.  1913,  p.  147;  June  3,  1915,  Stats.  1915,  p.  1107; 
May  17,  1917,  Stats.  1917,  p.  604. 

Dividends.     Surplus.     Charging  loss  to  surplus.    Depositors'  prior  claim. 

§  21.  The  directors  of  any  bank  having  a  capital  stock  may,  at  certain  times,  and 
in  such  manner  as  its  by-laws  prescribe,  declare  and  pay  dividends  to  depositors  and 
stockholders  of  so  much  of  the  profits  of  the  bank,  and  of  the  interest  arising  from 
the  capital,  surplus  and  deposits,  as  may  be  appropriated  for  that  purpose  under  its 
by-laws  or  under  its  agreements  with  depositors,  but  every  such  bank  shall,  before 
the  declaration  of  any  such  dividend,  carry  at  least  one-tenth  part  of  the  net  profits 
of  the  stockholders  for  the  preceding  half  year,  or  for  such  period  as  is  covered  by 


1S9  BANKS  AND  BANKING.  Act  409,  §  21a 

the  dividend,  to  its  surplus,  until  such  surplus  shall  amount  to  twenty-five  per  centum 
of  its  paid-up  capital  stock.  The  whole  or  any  part  of  such  surplus,  if  held  as  the 
exclusive  property  of  the  stockholders,  may  at  any  time  be  converted  into  paid  in 
capital,  in  which  event  such  surplus  shall  be  restored  in  the  manner  above  provided 
until  it  amounts  to  twenty-five  per  centum  of  the  aggregate  paid-up  capital  stock. 
Subject  to  the  provisions  of  section  nineteen  of  this  act,  any  losses  sustained  by  any 
such  bank  in  excess  of  its  undivided  profits  may  be  charged  to  and  paid  from  its 
surplus,  in  which  event  such  surplus  shall  be  restored  in  the  manner  above  provided, 
to  the  amount  required  by  law;  provided,  however,  that  any  bank  which  has  invested 
any  portion  of  its  surplus  in  its  bank  premises,  furniture  and  fixtures,  vaults,  or  safe 
deposit  vaults  and  boxes  necessary  or  proper  to  carry  on  its  banking  business  shall 
not  be  permitted  to  charge  any  loss  to  that  portion  of  its  surplus  so  invested.  A 
larger  surplus  may  be  created  and  nothing  herein  contained  shall  be  construed  as 
prohibitory  thereof.  The  capital  and  assets  of  any  such  bank  are  a  security  to  deposi- 
tors and  stockholders,  depositors  having  the  priority  of  security  over  stockholders. 
[Amendment  approved  May  6,  1913.    Stats.  1913,  p.  147.] 

Preference  to  depositors.    Terms  and  conditions  on  which  "bank  may  borrow  money. 

§  21a.  No  bank,  banker,  or  bank  officer,  shall  give  preference  to  any  depositor  or 
creditor  except  as  otherwise  authorized  by  law;  provided,  that  any  commercial  bank  or 
commercial  department  of  a  departmental  bank,  is  authorized  and  empowered  for  tern- 
porary  purposes,  to  borrow  money,  or  to  borrow  money  and  pledge  or  hypothecate  as 
collateral  security  therefor,  its  assets  not  exceeding  fifty  per  centum  in  excess  of  the 
amount  borrowed,  but  only  to  the  extent  and  upon  terms  and  conditions  as  follows : 

(1)  Any  amount  up  to,  but  not  exceeding  the  amount  of  its  capital  and  surplus, 
without  consent  of  the  superintendent  of  banks;  provided,  however,  that  any  amount 
borrowed,  except  afe  otherwise  provided  in  this  section,  in  excess  of  the  amount  of  its 
capital  and  surplus,  at  such  time  actually  paid  in  and  remaining  undiminished  by  losses 
or  otherwise,  must  first  be  approved  in  writing  bj''  the  superintendent  of  banks;  pro- 
vided, also,  that  no  excess  loan  made  to  any  such  bank  shall  be  invalid  or  illegal  as  to 
the  lender,  even  though  made  without  the  consent  of  the  superintendent  of  banks;  pro- 
vided, also,  that  the  rediscounting  with  or  without  guarantee  or  endorsement  with  a 
federal  reserve  bank,  of  notes,  drafts,  bills  of  exchange  and  loans  secured  by  obligations 
of  the  United  States,  is  hereby  authorized  and  shall  not  be  limited  by  the  terms  of  this 
act.  and  shall  not  be  considered  as  borrowed  money  within  the  meaning  of  this  section. 

(2)  Any  amount  of  California,  state,  county,  city,  city  and  county  funds,  or  any 
other  public  money,  in  the  manner  it  is  or  may  be  authorized  by  law  to  borrow  and 
receive  such  public  money  on  deposit  without  the  approval  of  the  superintendent  of 
banks. 

(3)  Any  amount  of  the  United  States  moneys  and  postal  savings  moneys  of  the 
United  States,  and  receive  such  moneys  on  deposit,  and  pledge  or  hypothecate  such  of 
its  securities  and  upon  such  terms  as  may  be  required  by  the  laws  of  the  United  States 
or  the  rules  and  regulations  of  the  secretary  of  the  treasury  of  the  United  States,  with- 
out the  approval  of  the  superintendent  of  banks. 

(4)  Any  amount,  in  addition  to  the  amounts  authorized  to  be  borrowed  in  this  sec- 
tion, for  the  purpose  of  buying  from  the  United  States,  United  States  bonds,  United 
States  treasury  certificates,  or  notes  or  obligations  of  the  United  States. 

(5)  To  rediscount  with  and  sell  to  a  federal  reserve  bank  any  and  all  such  notes, 
drafts,  bills  of  exchange,  acceptances  and  any  other  securities,  with  no  other  restrictions, 
and  as  fully,  and  to  the  same  extent  as  this  privilege  is  given  to  national  bank  members 
under  the  terms  of  the  federal  reserve  act,  or  by  regulations  of  the  federal  reserve 
board  made  pursuant  thereto. 

(6)  No  bank  shall  make  partial  payments  upon  any  certificate  of  deposit. 


Act  409,  §§  22, 23  GENEKALi   LAWS.  160 

(7)  In  no  case  shall  an  overdraft  of  more  than  ninety  days'  standing  be  allowed 
as  an  asset  of  any  bank. 

(8)  Any  debt  due  to  any  commercial  bank,  on  which  interest  is  past  due  and  unpaid 
for  the  period  of  one  year,  unless  the  same  is  well  secured,  and  is  in  process  of  collec- 
tion, shall  be  considered  a  bad  debt  and  shall  be  charged  off  to  the  profit  and  loss 
account  at  the  expiration  of  that  time.  [Amendment  of  May  15,  1919.  In  effect 
July  22,  1919.    Stats.  1919,  p.  626.] 

This  section  was  added  to  the  act  May  6,  1913,  Stats.  1913,  p.  148. 

Commercial  savings  and  trust  combination. 

§  22.  Any  corporation  authorized  by  its  articles  of  incorporation  so  to  do,  may  com- 
bine the  business  of  a  commercial  bank  and  savings  bank  and  trust  company,  or  any  one 
or  more  or  all  of  them;  provided,  that  no  corporation  authorized  to  transact  a  trust 
business  and  which  is  also  organized  to  engage  in  the  business  of  title  insurance, 
shall  engage  in  or  combine  the  business  of  a  commercial  bank  or  savings  bank. 
[Amendment  approved  May  6, 1913.    Stats.  1913,  p.  149.] 

Consent  to  do  departmental  business.     Capital  stock. 

§  23.  When  a  bank  desires  to  do  a  departmental  business,  it  shall  first  obtain  the 
consent  of  the  superintendent  of  banks,  and  in  its  application  therefor,  file  a  state- 
ment making  a  segregation  of  its  capital  and  surplus  for  each  department.  Such 
capital  and  surplus,  when  so  apportioned  and  approved  by  the  superintendent  of 
banks,  shall  be  considered  and  treated  as  the  separate  capital  and  surplus  of  such 
department  as  if  each  department  was  a  separate  bank.  Thereafter  a  bank  may,  from 
time  to  time,  with  the  previous  consent  and  approval  of  the  superintendent  of  banks 
and  subject  to  the  provisions  of  section  nineteen  of  this  act,  change  any  segregation 
and  apportionment  of  capital  and  surjolus  previously  made  and  make  a  new  segregation 
and  apportionment  of  its  capital  and  surplus.  Everj'  bank  hereafter  organized  doing 
a  departmental  business  shall  have  paid  up,  in  cash,  capital  stock  as  follows: 

Place  of  5000  persons. 

(a)  In  any  locality  in  which  the  population  does  not  exceed  five  thousand  persons, 
not  less  than  twenty-five  thousand  dollars  if  it  transacts  both  a  commercial  and  savings 
business,  or  not  less  than  one  hundred  twenty-five  thousand  dollars,  if  it  transacts  both 
a  commercial  and  trust  business,  or  not  less  than  one  hundred  twenty-five  thousand 
dollars  if  it  transacts  both  a  savings  and  trust  business,  and  not  less  than  one  hundred 
twenty-five  thousand  dollars  if  it  transacts  a  commercial,  savings  and  trust  business. 

More  than  5000  persons. 

(b)  In  any  city  in  which  the  population  is  more  than  five  thousand  persons,  but  does 
not  exceed  twenty-five  thousand  persons,  not  less  than  fifty  thousand  dollars  if  it 
transacts  both  a  commercial  and  savings  business,  or  not  less  than  one  hundred  fifty 
thousand  dollars  if  it  transacts  both  a  commercial  and  trust  business,  or  not  less  than 
one  hundred  fifty  thousand  dollars  if  it  transacts  both  a  savings  and  trust  business,  and 
not  less  than  one  hundred  fift}'  thousand  dollars  if  it  transacts  a  commercial,  savings 
and  trust  business. 

More  than  25,000  persons. 

(c)  In  any  city  in  which  the  population  is  more  than  twenty-five  thousand  persons 
but  does  not  exceed  one  hundred  thousand  persons,  not  less  than  one  hundred  thou- 
sand dollars,  if  it  transacts  both  a  commercial  and  savings  business,  or  not  less  than 
two  hundred  thousand  dollars  if  it  transacts  both  a  commercial  and  trust  business,  or 
not  less  than  two  hundi'ed  thousand  dollars  if  it  transacts  both  a  savings  and  trust 
business,  and  not  less  than  two  hundred  thousand  dollars  if  it  transacts  a  commercial, 
savings  and  trust  business. 


161  BANKS  AND  BANKIXG.  Act  409,  8§  24,  25 

More  than  100,000  persons. 

(d)  In  any  city  in  which  the  population  is  more  than  one  hundred  thousand  persons 
but  does  not  exceed  two  hundred  thousand  persons,  not  less  than  two  hundred  thou- 
sand dollars,  if  it  transacts  both  a  commercial  and  savings  business,  or  not  less  than 
four  hundred  thousand  dollars  if  it  transacts  both  a  commercial  and  trust  business, 
or  not  less  than  four  hundred  thousand  dollars  if  it  transacts  both  a  savings  and  trust 
business,  and  not  less  than  four  hundred  thousand  dollars  if  it  transacts  a  commercial, 
savings  and  trust  business. 

More  than  200,000  persons. 

(e)  In  any  city  in  which  the  population  exceeds  two  hundred  thousand  persons,  not 
less  than  three  hundred  thousand  dollars  if  it  transacts  both  a  commercial  and  savings 
business,  or  not  less  than  five  hundred  thousand  dollars  if  it  transacts  both  a  commer- 
cial and  trust  business,  or  not  less  than  five  hundred  thousand  dollars  if  it  transacts 
both  a  savings  and  a  trust  business,  and  not  less  than  five  hundred  thousand  dollars 
if  it  transacts  a  commercial,  savings  and  trust  business. 

Not  applicahle  to  existing  hanks.    May  not  decrease  capital.     Census. 

The  foregoing  classification  shall  not  apply  to  any  bank  already  in  existence  which 
has  received  from  the  superintendent  of  banks  a  certificate  to  do  a  banking  business; 
nor  to  any  bank  the  location  of  which  shall  have  been  included  by  annexation  or 
consolidation  within  the  limits  of  a  city  of  a  class  requiring  a  larger  capitalization, 
but  no  bank  thus  excepted  shall  be  permitted  to  establish  any  new  branch  office  as 
provided  in  section  nine  of  this  act  or  to  remove  its  place  of  business  from  the  original 
limits  of  the  city  or  township  wherein  it  was  located  prior  to  such  annexation  or  consoli- 
dation until  it  shall  have  the  capital  required  of  banks  in  such  city  not  within  said 
exception.  Such  excepted  banks  may  not  in  any  case  decrease  their  capital  stock  but 
may  increase  the  same  in  the  manner  provided  by  law  to  an  amount  either  greater  or 
less  than  that  required  of  banks  in  such  city  not  within  said  exception.  The  capital 
stock  referred  to  herein  shall  be  increased  from  time  to  time  and  to  the  same  extent 
as  provided  for  in  section  nineteen  of  this  act.  For  the  purposes  of  this  act,  the 
population  shown  and  determined  by  the  last  preceding  federal  census,  or  any  subse- 
quent census  compiled  and  certified  under  any  law  of  this  state,  shall  be  deemed  to  be 
the  population  of  any  city  in  which  any  such  bank  is  to  be  organized.  If  the  principal 
place  of  business  of  any  bank  so  organized  is  located  outside  of  the  corporate  limits 
of  any  city,  then  the  population  of  that  portion  of  the  judicial  township  in  which  said 
bank  is  to  have  its  principal  place  of  business,  which  is  not  included  within  the 
boundaries  of  any  municipal  corporation,  as  such  population  is  shown  and  determined 
by  such  federal  or  subsequent  official  census,  shall  be  the  basis  for  classification  under 
the  provisions  of  this  act.     [Amendment  approved  May  6,  1913.     Stats.  1913,  p.  149.] 

This  section  was  also  amended  April  21,  1911,  Stats.  1911,  p.   1010. 

Opening  new  department.    Fee. 

§  24.  Every  bank,  before  it  commences  to  do  business  or  before  it  opens  a  new 
department  and  commences  to  transact  business  in  or  under  such  new  department, 
shall  obtain  the  certificate  of  the  superintendent  of  banks  for  the  opening  of  each  of 
the  departments  specified.  Each  certificate  herein  provided  for  shall  be  given  when 
the  superintendent  shall,  bj'  the  examination  required  by  this  act,  have  satisfied  him- 
self that  the  proper  amount  of  cash  has  been  paid  in  as  capital  and  the  provisions  of 
this  act  complied  with.  The  applicant  shall  pay  for  the  certificate  for  each  depart- 
ment a  fee  of  fifty  dollars.     [Amendment  approved  May  6,  1913.     Stats.  1913,  p.  150.] 

Total  reserves  for  each  department.     Transactions  between  departments. 

$  25.  Every  bank  shall  maintain  for  each  department  total  reserves  equal  in  amount 
to  that  required  by   this  act  for  the  respective  business  conducted,   and   shall  kee^j 

Gen  Laws — 11 


let  409,  §§  26-29  GENEIRAL  LAWS.  162 

separate  and  distinct  the  total  reserves  of  any  department  from  that  of  any  other 
department;  and  all  deposits  made  with  other  banks,  whether  temporary  or  otherwise, 
shall  be  assets  of  the  respective  departments  by  which  they  were  made,  and  shall  be  so 
carried  on  the  books  of  such  other  banks,  and  shall  be  repaid  only  upon  the  order  of  the 
department  to  whose  credit  they  stand.  No  department  shall  receive  deposits  from  anj' 
other  department  of  the  same  corporation;  except  that  a  trust  department,  in  proper 
eases,  may  make  deposits  of  trust  or  any  other  funds  under  its  control  with  the  savings 
department  of  the  same  corporation  and  may,  upon  order,  previously  obtained,  of  any 
court  having  jurisdiction  of  any  trust  or  fund,  make  deposits  of  moneys  belonging 
thereto  with  the  commercial  department  of  the  same  corporation;  provided,  however, 
that  any  bank  having  departments  shall  have  the  right  to  sell  and  transfer  any  bonds, 
securities  or  loans  from  one  department  to  another  upon  receipt  of  the  actual  value 
thereof,  if  such  bonds,  securities  or  loans  are,  under  the  provisions  of  this  act,  a  legal 
investment  for  the  department  purchasing  the  same.  [Amendment  of  June  3,  1915. 
In  effect  August  8, 1915.    Stats.  1915,  p.  1109.] 

This  section  was  also  amended  May  6,  1913,  Stats.  1913,  p.  151. 

Books  of  account  to  be  kept  separate. 

§  26.  Every  bank  having  different  departments  shall  keep  separate  books  of  account 
for  each  department  of  its  business,  and  shall  be  governed  as  to  all  deposits,  reserves, 
investments  and  transactions  relating  to  each  department  by  the  provisions  in  this  act 
specifically  provided  for  the  respective  kind  of  business. 

It  shall  keep  all  investments  relating  to  the  savings  department  entirely  separate  and 
apart  from  the  investments  of  its  other  department  or  departments. 

Every  bank  shall  conduct  the  business  of  all  its  departments  in  one  building,  or  in 
adjoining  buildings,  and  shall  keep  entirely  separate  and  apart  in  each  department  the 
cash,  securities  and  property  belonging  to  such  department,  and  shall  not  mingle  the 
cash,  securities  and  propertj'^  of  one  department  with  that  of  another. 

Assets  to  repay  department  depositors. 

§  27.  All  money  and  assets  belonging  to  each  department,  whether  on  hand  or  with 
other  banks,  and  the  investments  made,  shall  be  held  solely  for  the  repayment  of  the 
depositors  and  other  claimants  of  each  such  department,  as  herein  provided,  until  all 
depositors  and  other  claimants  of  each  such  department  shall  have  been  paid,  and  the 
overplus  then  remaining  shall  be  api^lied  to  any  other  liabilities  of  such  bank.  [Amend- 
ment approved  May  6,  1913.    Stats.  1913,  p.  151.] 

Signs  must  show  kind  of  bank.     "Branch." 

§  28.  Every  bank  in  this  state  must,  on  all  its  window  signs  and  in  advertising,  and 
on  letterheads  and  other  stationery  on  which  its  business  is  transacted,  use  the  word 
"savings"  if  it  conducts  a  savings  business,  or  the  word  "trust"  if  it  conducts  a  trust 
business,  and  the  word  "commercial"  if  it  conducts  a  commercial  business.  Every 
bank,  which  maintains  a  branch  office,  must  on  all  window  signs  and  in  advertising,  and 
on  letterheads  and  other  stationery  on  which  the  business  of  said  branch  office  is  trans- 
acted, use  in  letters  and  type,  equal  in  prominence  to  that  used  in  its  corporate  name, 
the  word  "branch"  and  the  name  of  the  place  where  its  principal  business  is  located. 
[Amendment  of  May  17,  1917.    In  effect  July  27,  1917.    Stats.  1917,  p.  606.] 

This  section  was  also  amended  May  6,  1913,  Stats.  1913,  p.  151;  June  3,  1915,  Stats.  1915, 
p.  1110. 

Non-stock  corporations  heretofore  created. 

§  29.  Every  corporation  heretofore  created  under  the  laws  of  this  state,  doing  a 
banking  business  therein,  and  which  has  no  capital  stock,  may  elect  to  have  a  capital 
stock,  and  may  issue  certificates  of  stock  therefor,  in  the  same  manner  as  corporations 


163  BANKS  AND   BANKING.  Act  409,  §§  30,  31 

formed  under  the  provisions  of  part  IV,  title  I,  chapter  I,  article  I,  of  the  Civil  Code, 
relating  to  the  formation  of  corporations;  provided,  that  no  such  corporation  shall 
use  or  convert  any  moneys  or  funds  theretofore  belonging  to  it,  or  under  its  control, 
into  capital  stock;  but  such  funds  or  moneys  must  be  held  and  managed  only  for  the 
purposes  and  in  the  manner  for  which  they  were  created.  Before  such  change  is 
made,  a  majority  of  the  members  of  such  corporation  present  at  a  meeting  called  for 
the  purpose  of  considering  the  proposition  whether  it  is  best  to  have  a  cajDital  stock, 
its  amount,  and  the  number  of  shares  into  which  it  shall  be  divided,  must  vote  in  favor 
of  having  a  capital  stock,  fix  the  amount  thereof,  and  the  number  of  shares  into 
which  it  shall  be  divided.  Notice  of  the  time  and  the  place  of  holding  such  meeting, 
and  its  object,  must  be  given  by  the  president  of  such  corporation  by  mailing  notice 
of  such  meeting  to  each  member  of  such  corporation  at  his  last  known  post  office 
address  at  least  ten  days  prior  to  the  day  fixed  for  such  meeting,  and  by  publication 
in  some  newspaper  printed  and  published  in  the  county,  or  city  and  county,  in  which 
the  principal  place  of  business  of  the  corporation  is  situated,  at  least  once  a  week  for 
three  consecutive  weeks  prior  to  the  holding  of  the  meeting.  A  copy  of  the  proceed- 
ings of  this  meeting,  giving  the  number  of  persons  present,  the  votes  taken,  the  notice 
calling  the  meeting,  the  proof  of  its  publication,  the  amount  of  capital  actually  sub- 
scribed and  bj'  whom,  all  duly  certified  by  the  president  and  secretary  of  the  coi-pora- 
tion,  must  be  filed  in  the  office  of  the  secretary  of  state  and  clerk  of  the  county  where 
the  articles  of  incorporation  are  filed.  Thereafter  such  corporation  is  possessed  of  all 
the  rights  and  powers  and  is  subject  to  all  the  obligations,  restrictions  and  limitations, 
as  if  it  had  been  originally  created  with  a  capital  stock. 

Safe  deposits. 

§  30.  Any  bank  may  conduct  a  safe-deposit  department,  but  shall  not  invest  more 
than  one-tenth  of  its  capital  and  surplus  in  such  safe-deposit  department. 

Sale  of  business.     Conditions  of  sale  stated.    Rights  of  creditors.    Publication  of  notice. 

$  31.  Any  bank  may  sell  the  whole  of  its  business  or  the  whole  of  the  business  of 
any  of  its  departments  to  any  other  bank  which  may  purchase  such  business  after 
obtaining  the  consent  of  the  stockholders  of  the  selling  and  of  the  purchasing  banks 
holding  of  record  at  least  two-thirds  of  the  issued  capital  stock  of  each  of  such  cor- 
porations; such  consent  to  be  expressed  either  in  writing  executed  and  acknowledged 
by  such  stockholders  and  attached  to  the  instrument  of  sale,  or  to  a  copy  thereof,  or 
by  vote  at  a  stockholders'  meeting  of  each  of  such  banks  called  for  that  purpose.  The 
selling  and  purchasing  banks  must  for  such  purposes  enter  into  an  agreement  of 
sale  and  purchase,  which  agreement  shall  contain  all  the  terms  and  conditions  con- 
nected with  such  sale  and  purchase.  Such  agreement  shall  contain  proper  provision 
for  the  payment  of  liabilities  of  the  selling  bank  or  of  the  department  sold,  and  in 
this  particular  shall  be  subject  to  the  approval  of  the  superintendent  of  banks;  and 
shall  not  be  valid  until  such  approval  is  obtained.  Such  agreement  may  contain  pro- 
visions for  the  transfer  of  all  deposits  to  the  purchasing  bank,  subject,  however,  to 
the  right  of  every  depositor  of  the  selling  bank  to  withdraw  his  deposit  in  full  amount 
on  demand  after  such  transfer,  irrespective  of  the  terms  under  which  it  was  deposited 
with  the  selling  bank.  The  rights  of  creditors  of  the  selling  bank  shall  not  in  any 
manner  be  impaired  by  any  such  sale,  nor  shall  any  liability  or  obligation  for  the 
payment  of  any  money  due  or  to  become  due,  or  any  claim  or  demand,  in  any  manner, 
or  for  any  cause  existing  against  such  selling  bank  or  against  any  stockholder  thereof, 
be  in  any  manner  released  or  impaired,  and  all  the  rights,  obligations  and  relations 
of  all  the  parties,  creditors,  depositors,  trustees  and  beneficiaries  of  trusts  shall  remain 
unimpaired  by  the  sale,  but  such  bank  to  which  the  other  shall  sell  all  its  business  or  all 
the  business  of  any  of  its  departments,  shall  succeed  to  all  such  relations,  obligations, 


Act  409,  §  31a  GENERAL   LAWS.  164 

trusts  and  liabilities  and  be  held  liable  to  pay  and  discharge  all  such  debts  and  liabilities 
and  to  perform  all  such  trusts  of  the  selling  bank  in  the  same  manner  as  if  such  bank 
to  which  the  other  had  sold  had  itself  incurred  the  obligation  or  liability  or  assumed  the 
relation  of  trust,  and  the  stockholders  of  the  respective  corporations  so  entering  into 
such  agreement  shall  continue  subject  to  all  the  liabilities,  claims  and  demands  existing 
against  them  as  such  at  or  before  such  sale.  Immediately  after  the  execution  of  such 
agreement  of  sale  and  purchase  notice  thereof  shall  be  published  for  at  least  four 
successive  weeks  in  a  newspaper  in  each  of  the  counties  of  the  state  in  which  either  of 
such  banks  shall  have  its  principal  place  of  business;  provided,  however,  that  no  action 
can  be  brought  against  such  selling  bank  or  any  of  its  stockholders  on  account  of  any 
dejjosits  so  transferred  after  the  expiration  of  one  year  from  the  last  day  of  publication 
herein  required.  An  affidavit  showing  such  publication  shall  be  filed  in  the  office  of  the 
superintendent  of  banks  within  ten  days  after  the  last  publication  thereof.  The  affairs 
of  such  selling  l^nk,  or  selling  department  of  a  bank,  shall  remain  subject  to  the  provi- 
sions of  this  act.     [Amendment  approved  May  6,  1913.    Stats.  1913,  p.  151.] 

Consolidation  of  banks.    Ratification  by  stockholders.    Notice.    Publication.    Articles 
of  incorporation  and  consolidation. 

$  31a.  Any  bank  incorporated  under  the  laws  of  this  state  may  consolidate  with  one 
or  more  banks  incorjDorated  under  the  laws  of  this  state,  its  capital  stock,  properties, 
trusts,  claims,  demands,  contracts,  agreements,  obligations,  debts,  liabilities  and  assets 
of  every  kind  and  description,  upon  such  terms  and  in  such  manner  as  may  be  agreed 
upon  by  their  respective  boards  of  directors,  a  copy  of  which  agreement  must  be  filed 
in  the  office  of  the  superintendent  of  banks;  provided,  that  such  agreement  shall  be 
subject  to  the  approval  of  the  superintendent  of  banks  and  shall  not  be  valid  until  such 
approval  be  obtained;  provided,  further,  that  no  such  consolidation  shall  take  effect 
until  such  agreement  shall  have  been  ratified  and  confirmed  in  writing  by  the  stock- 
holders of  the  respective  banks  holding  of  record  at  least  two-thirds  of  the  issued 
capital  stock  of  their  respective  banks,  or  such  agreement  may  be  submitted  to  the 
stockholders  of  each  of  such  corporations  at  a  meeting  thereof  to  be  called  upon  notice 
specifying  the  time,  place  and  object  thereof,  addressed  to  each  stockholder  at  his 
last  known  post-office  address  and  deposited  in  the  post-office,  postage  prepaid,  at  least 
two  weeks  prior  to  the  date  fixed  for  said  meeting,  and  published  for  at  least  two 
successive  weeks,  prior  to  the  date  of  said  meeting,  in  a  newspaper  in  each  of  the 
counties  of  the  state  in  which  any  of  such  banks  shall  have  its  principal  place  of  busi- 
ness, and  if  such  agreement  shall  be  approved  at  each  of  such  meetings  of  the  respective 
stockholders  separately  by  the  vote  or  ballot  of  the  stockholders  owning  at  least  two- 
thirds  of  the  stock  of  each  such  bank,  the  same  shall  be  the  agreement  of  such  banks. 
In  case  of  such  consolidation  "articles  of  incorporation  and  consolidation"  must  be 
prepared,  setting  forth: 

First — The  name  of  the  new  corporation; 

Second — The  purpose  for  which  it  is  formed; 

Third — The  place  where  its  principal  business  is  to  be  transacted; 

Fourth — The  term  for  which  it  is  to  exist,  which  shall  not  exceed  fifty  years; 

Fifth — The  number  of  its  directors  (which  shall  not  be  less  than  three)  and  the 
names  and  residences  of  the  persons  appointed  to  act  as  such  until  their  successors 
are  elected  and  qualified; 

Sixth — The  amount  of  its  capital  stock  and  the  number  of  shares  into  which  it  is 
divided ; 

Seventh — The  amount  of  stock  actually  subscribed,  and  by  whom; 

Eio-hth — The  names  of  the  constituent  corporations. 


I 


105  BANKS   AXD  BANKING.  Act  409,  §  31a 

By  whom  signed.     Articles  filed  with  county  clerk.     With  secretary  of  state.     Certifi- 
cate of  authorization.     Obligations  not  impaired.     Right  to  increase  stock. 

Said  articles  of  incorporation  and  consolidation  must  be  signed  and  countersigned 
by  the  president  and  secretary  of  each  constituent  corporation  and  sealed  with  their 
corporate  seals.  There  must  be  annexed  thereto  the  approval  of  the  superintendent 
of  banks  and  memoranda  of  the  ratification  and  confinnation  thereof  by  the  stock- 
holders of  each  constituent  corporation,  which  must  be  respectively  signed  and  acknowl- 
edged by  stockholders  representing  at  least  two-thirds  of  the  capital  stock  of  their 
respective  corporations.  When  completed  as  aforesaid  said  articles  must  be  filed  in 
the  office  of  the  county  clerk  of  the  county  in  which  is  located  the  principal  place  of 
business  of  the  new  corporation,  and  a  copy  of  the  articles  of  incorporation  and  con- 
solidation certified  by  such  county  clerk  must  be  filed  in  the  office  of  the  secretary  of 
state,  who  niust  issue,  over  the  great  seal  of  the  state,  a  certificate  that  a  copy  of  the 
articles  of  incorporation  and  consolidation  containing  the  required  statement  of  facts 
has  been  filed  in  his  office.  The  secretary  of  state  must  file  in  his  office  a  duplicate  of 
the  certificate  hereinbefore  provided  for  and  copies  thereof,  duly  certified  by  the  secre- 
tary of  state,  shall  have  the  same  force  and  effect  in  evidence  as  the  original.  A  copy 
of  the  articles  of  incorporation  and  consolidation,  certified  by  said  secretary  of  state, 
must  be  filed  in  the  office  of  the  superintendent  of  banks,  and  also  in  the  office  of  the 
county  clerk  of  any  county  in  which  were  filed  the  original  articles  of  incorporation  of 
either  of  the  constituent  corporations.  When  the  superintendent  of  banks  issues  the 
certificate  of  authorization  provided  for  by  section  one  hundred  twenty-eight  of  this 
act  the  new  or  consolidated  corporation  shall  be  a  body  politic  and  corjDorate  by  the 
name  stated  in  the  certificate,  and  for  the  term  of  fifty  years,  unless  it  is,  in  the  articles 
of  incorporation  and  consolidation,  otherwise  stated  and  thereupon  each  constituent 
corporation  named  in  the  articles  of  incorporation  and  consolidation  must  be  deemed 
and  held  to  have  become  extinct  in  all  courts  and  places,  and  said  new  corjooration  must 
be  deemed  and  held  in  all  courts  and  places  to  have  succeeded  to  all  their  several 
capital  stocks,  properties,  trusts,  claims,  demands,  contracts,  agreements,  assets,  choses 
and  rights  in  action  of  every  kind  and  description,  both  at  law  and  in  equity,  and  to  be 
entitled  to  possess,  enjoy,  and  enforce  the  same  and  every  [part]  thereof,  as  fully  and 
completely  as  either  and  every  of  its  constituents  might  have  done  had  no  consolidation 
taken  place.  Said  consolidated  or  new  corporation  must  also,  in  all  courts  and  places, 
be  deemed  and  held  to  have  become  subrogated  to  its  several  constituents  and  each 
thereof,  in  respect  to  all  their  contracts  and  agreemnts  with  other  parties,  and  all  their 
debts,  obligations,  and  liabilities,  of  every  kind  and  nature,  to  any  persons,  corporations, 
or  bodies  politic,  whomsoever,  or  whatsoever,  and  said  new  corporation  must  sue  and 
be  sued  in  its  own  name  in  any  and  every  case  in  which  any  or  either  of  its  constituents 
might  have  sued  or  might  have  been  sued  at  law  or  in  equity  had  no  such  consolidation 
been  made.  Nothing  in  this  section  contained  shall  be  construed  to  impair  the  obliga- 
tion of  any  contract  to  which  any  of  such  constituents  were  parties  at  the  date  of  such 
consolidation.  All  such  contracts  may  be  enforced  by  action  or  suit,  as  the  case  may  be, 
against  the  consolidated  corporation,  and  satisfaction  obtained  out  of  the  property 
which,  at  the  date  of  the  consolidation,  belonged  to  the  constituent  which  was  a  party 
to  the  contract  in  action  or  suit,  as  well  as  out  of  any  other  property  belonging  to  the 
consolidated  corporation,  and  the  stockholders  of  each  constituent  corporation  so  enter- 
ing into  such  agreement  shall  continue  subject  to  all  the  liabilities,  claims  and  demands 
existing  against  them  at  or  before  such  consolidation  to  the  same  extent  as  if  the  same 
had  not  been  made.  The  right  of  said  new  corporation  to  increase  or  decrease  its 
capital  stock,  to  change  the  number  of  its  directors,  to  amend  its  articles  of  incorpo- 
ration, to  change  its  principal  place  of  business,  or  its  name,  or  to  effect  any  other 
organic  change  shall  be  governed  by  the  general  corporation  laws  of  this  state  and  b}' 


Act  409,  §§  32-37  GENERAL   LAWS.  166 

the  bank  act,  and  the  procedure  to  effect  any  such  change  shall  be  that  defined  by  4he 
general  corporation  laws  and  the  bank  act. 

The  superintendent  of  banks  shall  transmit  to  the  secretary  of  state  a  duplicate  of 
the  certificate  of  authorization  hereinbefore  referred  to  and  the  secretary  of  state  shall 
file  the  same  in  his  office.  The  superintendent  of  banks  shall  also  file  a  duplicate  of 
such  certificate  in  his  own  office.  [Amendment  of  May  17,  1917,  In  effect  July  27, 
1917.    Stats.  1917,  p.  606.] 

This  section  was  added  to  tlie  act  May  6,  1913,  Stats.  1913,  p.  152. 

Trust  funds. 

^  32.  Any  bank  recei\'ing  trust  funds  in  accordance  with  the  provisions  of  this  act 
relating  to  trust  companies  must  not  mingle  such  trust  funds  with  the  other  assets  of 
the  corporation,  except  as  otherwise  provided  in  section  twenty-five  of  this  act,  and 
such  funds  shall  not  be  carried  or  counted  as  any  part  of  the  total  reserves  provided 
for  in  this  act.  The  officers  of  any  bank  who  knowingly  violate  or  consent  to  the  viola- 
tion of  this  provision  shall  be  guilty  of  a  felony.  [Amendment  of  June  3,  1915.  In 
effect  August  8,  1915.    Stats.  1915,  p.  1110.] 

This  section  was  also  amended  May  6,  1913,  Stats.   1913,  p.  155. 

Officer  may  not  borrow  bank  fuhds. 

§  33.  [Amended  April  21,  1911.  Stats  1911,  p.  1011.  Repealed  May  6,  1913.  Stats. 
1913,  p.  155.] 

Not  to  invest  in  own  stock.     Penalty. 

§  34.  No  bank  shall  purchase  or  invest  its  capital  or  surplus  or  money  of  its  deposi- 
tors, or  any  part  of  either,  in  shares  of  its  own  capital  stock;  nor  loan  its  capital  or 
surplus  or  the  money  of  its  depositors,  or  any  part  of  either,  on  shares  of  its  own  capital 
stock,  unless  such  purchase  or  loan  shall  be  necessary  to  prevent  loss  to  such  bank  on 
debts  previously  contracted  in  good  faith.  Every  person  or  corporation  violating 
any  provision  of  this  section  shall  forfeit  to  the  people  of  the  state  twice  the  nominal 
amount  of  such  stock.     [Amendment  approved  May  6,  1913.    Stats.  1913,  p.  155.] 

Consent  to  purchase  certain  contracts. 

§  35.  No  bank  shall  purchase  any  contract  arising  from  the  sale  of  real  estate  or 
any  note  or  bond  in  which  contract,  or  note,  or  bond  any  director,  officer,  employee,  or 
controlling  stockholder  of  such  bank  is  personally  or  financially  interested,  directly  or 
indirectly,  for  his  own  account,  for  himself,  or  as  the  partner  or  agent  of  others,  with- 
out the  previous  consent  in  writing  of  the  superintendent  of  banks.  [Amendment  of 
May  17,  1917.    In  effect  July  27,  1917.    Stats.  1917,  p.  609.] 

This  section  was  also  amended  April  21,  1911,  Stats.  1911,  p.  1011;  May  6,  1913,  Stats.  1913 
p.  155. 

Purchase  of  bond  issue  by  commercial  banks. 

§  36.  No  commercial  bank  receiving  deposits  of  money  shall  purchase  or  agree  to 
purchase  any  bond  issue  in  excess  of  five  per  centum  of  its  assets,  except  bonds  of  the 
United  States,  of  the  state  of  California,  of  the  counties,  cities  and  counties,  cities  or 
school  districts  of  this  state,  or  bonds  of  any  irrigation  district  such  as  are  legal  for 
investment  by  savings  banks.  [Amendment  of  June  3,  1915.  In  effect  August  8,  1915. 
Stats.  1915,  p.  1110.] 

See,  post,  §  46. 

Investment  in  capital  stock  of  corporations. 

§  37.  No  bank  shall,  except  as  otherwise  provided  in  this  act,  purchase  or  invest 
its  capital  or  surplus  or  jnoney  of  its  depositors,  or  any  part  of  either,  in  the  capital 
stock  of  any  corporation  unless  the  purchase  or  acquisition  of  such  ca^^ital  stock  shall 


167  BANKS   AND  BANKING.  Act  400,  §§  38,  39 

be  necessary  to  prevent  loss  to  the  bank  on  an  obligation  owned  or  on  a  debt  previously 
contracted  in  good  faith.  Any  capital  stock  so  purchased  or  acquired  shall  be  sold 
by  such  bank  within  six  months  thereafter  if  it  can  be  sold  for  the  amount  of  the  claim 
of  such  bank  against  it ;  and  all  capital  stock  thus  purchased  or  acquired  must  be  sold 
for  the  best  price  obtainable  by  said  bank  within  three  j^ears  after  such  purchase  or 
acquisition  unless  the  superintendent  of  banks  shall  extend  the  time  of  its  sale  for  a 
period  not  to  exceed  two  years. 

Stock  of  trust  company. 

Any  ])ank,  with  the  pre^dous  written  consent  of  the  superintendent  of  banks,  may 
purchase  or  otherwise  acquire  and  hold  the  whole  or  any  part  of  the  capital  stock  of 
not  more  than  one  trust  company  organized  and  existing  under  the  laws  of  this  state, 
and  doing  business  in  the  same  city  in  which  the  principal  place  of  business  of  such 
bank  is  located;  provided,  however,  that  not  more  than  an  amount  equal  to  twenty-five 
per  centum  of  the  capital  and  surplus  of  any  such  bank  may  be  at  any  one  time  invested 
in  the  capital  stock  of  such  trust  company  or  such  other  corporation;  and  provided, 
further,  that  no  such  trust  company  shall  engage  in  or  combine  the  business  of  a  com- 
mercial bank  or  a  savings  bank  or  a  title  insurance  company. 

Stock  of  safe  deposit  corporation. 

Any  bank,  with  the  previous  written  consent  of  the  superintendent  of  banks,  may 
purchase  or  otherwise  acquire  and  hold,  the  whole  or  any  part  of  the  capital  stock  of 
not  more  than  one  corporation  authorized  and  empowered  to  conduct  a  safe  deposit 
business,  which  such  corporation  is  organized  and  existing  under  the  laws  of  this  state 
and  doing  business  in  the  same  city  in  which  the  principal  place  of  business  of  such 
bank  is  located;  provided,  however,  that  not  more  than  an  amount  equal  to  ten  per 
centum  of  the  capital  and  surplus  of  any  such  bank  may  be  at  any  one  time  invested  in 
the  capital  stock  of  such  safe  deposit  corporation.  [Amendment  of  May  15,  1919.  In 
effect  July  22,  1919.    Stats.  1919,  p.  627.] 

This  section   was  also  amended  May  6,  1913,   Stats.   1913,  p.   155. 

Penal  liabilities  of  directors  and  employees. 

$  38.     A  director,  officer,  agent  or  employee  of  any  bank  who, 

First — Knowingly  receives  or  possesses  himself  of  any  of  its  property  otherwise  than 
in  payment  for  a  just  demand,  and  with  intent  to  defraud,  omits  to  make  or  to  cause  or 
direct  to  be  made  a  full  and  true  entry  thereof  in  its  books  and  accounts;  or, 

Second — Concurs  in  omitting  to  make  any  material  entry  thereof;  or. 

Third — Knowingly  concurs  in  making  or  publishing  any  written  report,  exhibit  or 
statement  of  its  affairs  or  pecuniary  condition  containing  any  material  statement  which 
is  false;  or. 

Fourth — Having  the  custody  or  control  of  its  books,  willfully  refuses  or  neglects  to 
make  any  proper  entry  in  the  books  of  such  corporation  as  required  by  law,  or  to 
exhibit  or  allow  the  same  to  be  inspected  and  extracts  to  be  taken  therefrom  by  the 
su})erintendent  of  banks,  his  chief  deputy  or  any  of  his  examiners,  shall  be  guilty  of 
a  felony. 

Officer  may  not  overdraw  account. 

§  39.     Any  officer,  director,  agent,  teller,  clerk  or  employee  of  any  bank  who  either, 
First — Knowingly  overdraws  his  account  with  such  bank,  and  thereby  obtains  the 
money,  notes  or  funds  of  any  such  bank;  or, 

Second — Asks  or  receives  or  consents  or  agrees  to  receive  any  commission,  emolu- 
ment, gratuity  or  reward,  or  any  money,  property  or  thing  of  value,  for  his  own  per- 
sonal benefit,  or  of  personal  advantage,  for  procuring  or  endeavoring  to  procure  for 
iiny  person,  firm  or  corporation  any  loan  from,  or  the  purchase  or  discount  of  anv 


Act  409,  g§ -10-45  GENERAL   LAWS.  168 

paper,  note,  draft,  check  or  bill  of  exchange,  bj'  such  bank,  or  for  permitting  any 
person,  firm  or  corporation  to  overdraw  any  account  with  such  bank,  is  guilty  of  a 
felony.     [Amendment  approved  April  21,  1911.    Stats.  1911,  p.  1011.] 

Stockholders'  liability,  waiver  of. 

f)  40.  No  bank  mentioned  in  this  act  shall  make  any  contract  with  any  of  its  deposi- 
tors whereby  the  stockholders'  liability  provided  for  by  the  constitution  of  this  state  is 
in  any  manner  waived,  and  if  any  such  contract  shall  be  so  made,  such  contract  shall  be 
void. 

Consent  for  officer  to  purchase  assets  at  discount. 

^  41.  No  officer,  director,  agent,  or  other  employee  of  any  bank  shall  directly  or 
indirectly,  for  his  own  personal  benefit,  purchase,  or  be  interested  in  the  purchase  of  any 
of  such  bank's  obligations  or  assets  for  a  less  sum  than  shall  appear  upon  the  face  of 
any  such  obligations  or  assets  to  be  the  value  thereof  except  with  the  previous  consent 
of  all  the  directors  of  said  bank,  such  consent  to  be  evidenced  by  a  resolution  adopted 
by  said  directors.  A  certified  copy  of  said  resolution  shall  immediately  be  transmitted 
to  the  superintendent  of  banks.  Every  person  violating  any  provision  of  this  section, 
shall  for  each  offense  forfeit  to  the  people  of  the  state,  twice  the  face  value  of  any 
such  obligations  or  assets  so  purchased.  [Amendment  of  May  17,  1917.  In  effect 
July  27,  1917.    Stats.  1917,  p.  609.] 

This  section  was  also  amended  May  6,  1913,  Stats.  1913,  p.  156, 

Officer  not  to  purchase  assets  at  discount. 

§  42.  No  officer,  director,  agent  or  other  employee  of  any  bank,  shall  directly  or 
indirectly,  for  his  own  personal  benefit,  purchase,  or  be  interested  in  the  purchase  of 
any  of  the  assets  of  said  bank  for  a  less  sum  than  the  current  market  value  thereof. 
Every  person  violating  any  provision  of  this  section,  shall  for  each  offense,  forfeit  to 
the  people  of  the  state,  twice  the  nominal  amount  of  any  such  assets  so  jjurchased. 
[Amendment  approved  May  6,  1913.    Stats.  1913,  p.  156.] 

Deposit  of  funds  in  another  bank. 

$  43.  No  bank  shall  deposit  any  of  its  funds  in  any  other  bank,  except  a  federal 
reserve  bank,  unless  such  other  bank  has  been  nominated  as  a  depositary  for  its  funds 
by  the  vote  of  a  majority  of  the  directors  or  trustees  of  the  bank  making  the  deposit, 
and  such  other  bank  has  been  designated  by  the  superintendent  of  banks  as  such 
depositary. 

The  superintendent  of  banks  may  in  his  discretion  revoke  such  a  designation. 
[Amendment  of  May  15,  1919.    In  effect  July  22,  1919.     Stats.  1919,  p.  627.] 

This  section  was  also  amended  April  21,  1911,  Stats.  1911,  p.  1012;  May  6,  1913,  Stats.  1913, 
p.  156;  May  17,  1917,  Stats.  1917,  p.  609. 

Loan  on  stock  of  another  bank. 

§  44.  No  bank  shall  hereafter  make  a  loan  secured  by  the  stock  of  another  bank, 
if  by  making  such  loan  the  total  stock  of  such  other  bank  held  by  such  loaning  bank 
as  collateral  will  exceed  in  the  aggregate  twenty-five  per  centum  of  the  capital  stock 
of  such  other  bank;  provided,  that  no  loan  upon  the  capital  stock  of  any  bank  shall 
be  made  unless  such  bank  has  been  in  existence  at  least  two  years  and  has  earned  and 
paid  a  dividend  upon  its  capital  stock;  and  provided,  further,  that  no  bank  may  loan 
more  than  five  per  centum  of  its  assets  upon  the  capital  stock  of  any  corporation 
whatsoever  as  collateral  security.  [Amendment  approved  May  6,  1913.  Stats.  1913, 
p.  156.] 

Interest  unpaid. 

$  45.  Interest  unpaid,  although  due  or  accrued,  on  debts  owing  to  any  bank,  shall 
not  be  included  in  calculation  of  its  profits  previous  to  a  dividend ;  nor  shall  any  bank, 


ICa  BANKS  AND  BANKING.  Act  409,  §§  46-48a 

except  with  the  previous  written  consent  of  the  superintendent  of  banks,  enter  or  at  any 
time  carry  on  its  books  any  of  its  assets  at  a  valuation  exceeding  its  actual  cost  to  such 
bank.     [Amendment  of  May  17,  1917.    In  effect  July  27,  1917.    Stats.  1917,  p.  609.] 

Investment  in  one  bond  issue. 

$  46.  No  commercial  bank  shall  invest  or  loan  more  than  five  per  centum  of  its 
assets  in  any  one  bond  issue,  except  bonds  of  the  United  States,  of  the  state  of  Cali- 
fornia, of  the  counties,  cities  and  counties,  cities  or  school  districts  of  this  state,  or 
bonds  of  any  irrigation  district  such  as  are  legal  for  investment  by  savings  banks. 
[Amendment  of  June  3,  1915.    In  effect  August  8,  1915.    Stats.  1915,  p.  1111.] 

See,  ante,  §  36. 

Loans  on  real  estate. 

$  47.  No  commercial  bank  shall,  except  for  the  purpose  of  facilitating  thfe  sale  of 
property  owned  by  the  bank,  make  any  loan  on  the  security  of  real  estate,  unless  it  is 
a  first  lien  and  is  either 

(1)  Made  for  a  period  of  time  not  exceeding  six  months  and  upon  security  worth  at 
least  fifteen  per  centum  more  than  the  amount  loaned;  or 

(2)  Made  for  a  period  of  time  exceeding  six  months  and  not  exceeding  ten  years 
and  does  not  exceed  sixty  per  centum  of  the  market  value  of  the  real  estate  taken  as 
security. 

No  commercial  bank  shall  loan  in  the  aggregate  more  than  thirty-five  per  centum 
of  its  assets  on  real  estate  loans  of  the  character  specified  in  subdivision  two  of  this 
section.  These  provisions,  however,  shall  not  prevent  any  bank  from  taking  another 
and  immediately  subsequent  mortgage  or  deed  of  trust  thereon  when  it  already  holds 
a  first  mortgage  or  deed  of  trust  on  such  real  estate,  nor  from  accepting  a  second  lien 
on  real  estate  to  secure  the  repayment  of  a  debt  previously  contracted  in  good  faith; 
nor  shall  it  prevent  subsequent  liens  of  any  kind  from  being  taken  to  secure  the  pay- 
ment of  a  debt  previously  contracted  in  good  faith  when,  in  the  judgment  of  the  direc- 
tors of  such  bank,  such  subsequent  liens  are  necessary  further  to  secure  the  payment 
of  any  debts  and  save  such  bank  from  loss.  [Amendment  of  June  3,  1915.  In  effect 
August  8,  1915.    Stats.  1915,  p.  1111.] 

This  section  was  also  amended  May  6,  1913,  Stats.  1913,  p.  156, 

National  banks  must  permit  examination. 

§  48.  Any  national  bank,  in  this  state,  other  than  a  federal  reserve  bank,  receiving 
the  deposits  of  any  bank  organized  and  conducting  business  under  this  act,  must,  at 
the  request  of  the  superintendent  of  banks,  submit  to  an  examination  by  him,  or  his 
duly  appointed  examiners,  should  the  superintendent  of  banks  in  his  discretion  deem 
it  necessary  or  desirable  that  such  examination  be  made;  and  the  expense  of  such  exam- 
ination shall  be  paid  by  such  depositary  bank;  and  if  any  such  bank  shall  refuse  to 
permit  such  examination  to  be  made  by,  or  under  the  direction  of,  the  superintendent 
of  banks,  then  the  superintendent  of  banks  shall  notify  in  writing  every  bank  depositing 
its  funds  with  such  bank,  to  withdraw  its  deposits  therefrom,  and  all  such  banks  shall 
comply  with  such  order,  [Amendment  of  June  3,  1915.  In  effect  August  8,  1915. 
Stats.  1915,  p.  1112.] 

Tills  section  was  also  amended  May  6,  1913,  Stats.  1913,  p..  157. 

National  banking  association  under  federal  reserve  act.    Charge  by  state  banking 

department  for  services- 

$  48a.  Any  national  banking  association,  whose  principal  place  of  business  is  in 
this  state,  is  hereby  authorized  to  act  in  fiduciary  capacities  in  all  respects  as  provided 
by  the  acts  of  congress,  approved  December  23,  1913,  and  amendments  thereof,  com- 
monly known  as  the  federal  reserve  act,  and  all  acts  herein  provided  to  be  performed 


Aci    iOO,  §§  49-51  GENERAL   LAWS.  170 

by  the  state  treasurer,  the  superintendent  of  banks  or  other  public  officials  for  or  in 
respect  of  trust  companies,  shall  be  performed  for  such  national  banking  association 
equally  with  trust  companies.  Every  such  national  banking  association  which  shall 
be  authorized  to  exercise  said  fiduciary  powers,  and  which  has  qualified  by  making  the 
deposit  of  securities  required  by  the  law  of  this  state,  may  act,  or  may  be  appointed 
by  any  court  to  act  in  any  such  capacity  in  like  manner  as  an  individual.  The  super- 
intendent of  banks  shall  inspect  and  examine  the  books,  records  and  assets  of  the  trust 
department  of  each  national  banking  association  which  conducts  a  trust  department  in 
this  state  to  the  same  extent  that  the  said  superintendent  of  banks  exercises  visitorial 
supervision  over  trust  companies  organized  and  existing  under  the  laws  of  this  state. 

The  charge  by  the  state  banking  department  for  all  services  rendered  to  any  national 
banking  association  by  the  superintendent  of  banks,  in  accordance  with  the  provisions 
of  this  section,  shall  be  paid  by  the  national  banking  association  requiring  such  services. 
Such  charge  for  services  shall  be  determined  by  the  superintendent  of  banks,  and  shall 
be  no  higher  than  the  charge  for  a  similar  service  to  trust  companies  organized  under 
the  laws  of  this  state. 

The  cost  of  all  regular  and  ordinary  service  shall  be  calculated  upon  the  amount  of  the 
securities  deposited  by  each  such  national  bank  with  the  treasurer  of  the  state  for  the 
due  execution  and  faithful  performance  of  its  court  and  private  trusts  at  the  same 
ratio  as  is  applied  to  the  capital  and  surplus  of  trust  companies  organized  under  the 
laws  of  this  state  in  determining  the  cost  to  them  for  such  services. 

The  cost  of  all  special  and  extraordinary  services  shall  be  the  same  as  that  provided 
for  in  section  one  hundred  twenty-four  of  this  act.  [New  section  added  May  15,  1919. 
In  effect  July  22,  1919.    Stats.  1919,  p.  628.] 

Commercial  hanks  may  not  advertise  as  savings  hanks. 

§  49.  It  shall  not  be  lawful  for  any  commercial  bank,  individual,  trust  company, 
association,  firm,  stock  company,  copartnership  or  corporation,  to  advertise  or  put  forth 
a  sign  as  a  savings  bank,  or  either  directly  or  indirectlj'^  or  in  any  way  to  solicit  or 
receive  deposits  or  to  transact  business  in  the  way  or  manner  of  a  savings  bank,  or  to 
advertise  that  he  or  it  is  receiving  or  accepting  savings,  or  in  anj'  way  which  might 
lead  the  public  to  believe  that  such  deposits  are  received  or  invested  under  the  same 
conditions  or  in  the  same  manner  as  deposits  in  savings  banks,  except  in  the  case  of 
savings  banks  or  banks  having  savings  departments,  subject  to  the  provisions  of  this 
act.  Any  commercial  bank,  individual,  trust  company,  association,  firm,  stock  company, 
copartnership  or  corporation,  violating  any  provision  of  this  section  shall  forfeit  to 
this  state  one  hundred  dollars  a  day  for  every  day  during  which  such  violation  con- 
tinues.    [Amendment  of  June  3,  1915.    In  effect  August  8,  1915.     Stats.  1915,  p.  1112.] 

This  section  was  also  amended  April  21,  1911,  Stats.  1911,  p.  1012;  May  6,  1913,  Stats.  1913, 
p.  157. 

Posting  certificate. 

§  50.  Every  bank  shall  post  in  a  conspicuous  place  in  its  banking  room  or  branch 
office  the  last  certificate  obtained  from  the  superintendent  of  banks  under  the  provisions 
of  either  section  nine  or  one  hundred  twenty-seven  of  this  act.  [Amendment  approved 
May  6,  1913.    Stats.  1913,  p.  158.] 

Deposits  hy  order  of  court. 

ft  51.  Any  court  having  appointed  and  having  jurisdiction  of  any  executor,  adminis- 
trator, guardian,  assignee,  receiver,  depositary  or  trustee,  upon  the  application  of  such 
executor,  administrator,  guardian,  assignee,  receiver,  depositary  or  trustee,  or  upon 
the  application  of  any  person  having  an  interest  in  the  estate  administered  upon  by 
such  officer  or  trustee,  after  notice  to  other  parties  in  interest  as  the  court  may  direct, 
and  after  a  hearing  upon  such  application,  may  authorize  such  officer  or  trustee  to 


171  BANKS  AND  BANKING.  Act  400,  g§  52-54 

deposit  any  money  then  in  his  hands  as  such  officer  or  trustee  or  which  may  there- 
after come  into  his  hands,  and  until  the  further  order  of  the  court,  in  any  bank  organ- 
ized under  the  laws  of  the  state  of  California;  and  upon  such  deposit  being  made,  the 
officer  or  trustee  so  depositing  the  same  shall  thereafter  and  while  such  moneys  remain 
on  deposit  in  such  bank,  be  relieved  and  discharged  from  all  liability  and  responsibility 
therefor,  and  the  bond  required  of  such  officer  or  trustee  given  upon  his  appointment 
shall  be  thereupon  by  said  court  reduced  to  such  an  amount  as  the  court  may  deem 
reasonable;  such  deposit  shall  be  repaid  only  upon  the  orders  of  said  court,  and  shall 
be  a  preferred  claim  against  such  bank  and  be  paid  in  full  before  any  other  depositor 
of  such  bank  shall  have  been  paid. 

Certified  checks, 

$  52.  Whenever  a  check  drawn  on  any  bank  is  certified  by  any  officer  or  employee 
of  such  bank,  the  amount  thereof  shall  be  immediately  charged  against  the  account 
of  the  person,  firm  or  corporation  drawing  the  same.  It  shall  be  unlawful  for  any 
officer  or  employee  of  any  bank  to  certify  any  check  drawn  upon  such  bank  unless 
the  person,  firm  or  corporation  drawing  the  check  has  on  deposit  with  the  bank  at  the 
time  such  check  is  certified,  an  amount  of  money  subject  to  the  payment  of  such  check, 
equal  to  the  amount  specified  in  such  check.  Any  officer  or  employee  of  any  bank  who 
shall  willfully  violate  the  provisions  of  this  section,  or  shall  resort  to  any  device,  or 
receive  any  fictitious  obligations,  directly  or  indirectly,  in  order  to  evade  the  provisions 
hereof,  or  who  shall  certify  checks  before  the  amount  thereof  shall  have  been  regularlj^ 
entered  to  the  credit  of  the  drawer,  shall  be  guilty  of  a  felony.  [New  section  approved 
April  21, 1911.    Stats.  1911,  p.  1012.] 

Par  value  of  capital  stock  of  hanks. 

§  53.  The  capital  stock  of  any  bank  having  a  capital  stock  shall  have  a  par  value 
of  one  hundred  dollars  per  share,  and  the  paid-up  value  shall  be  endorsed  upon  the  face 
of  each  certificate  issued,  which  paid-up  value  shall  be  the  same  on  all  certificates  issued. 
No  bank  shall  have  preferred  stock;  provided,  however,  that  no  bank  whose  capital 
stock,  on  January  1,  1915,  failed  to  comply  with  any  of  the  requirements  of  this  section, 
shall  be  compelled  to  change  its  capital  stock  in  compliance  herewith.  [Amendment  of 
April  28,  1915.    In  effect  August  8,  1915.    Stats.  1915,  p.  297.] 

This  was  a  new  section  added  to  the  act  April  21,  1911,  Stats.  1911,  p.  1016. 

Real  estate  to  be  sold  within  five  years.    Appraisal  of  value.    Notice  of  sale.    Minimum 
price.    Fees.    Cost. 

§  54.  All  real  estate  purchased  by  any  bank  at  sales  under  pledges,  mortgages  or 
deeds  of  trust  for  its  benefit  for  money  loaned  and  such  as  may  be  conveyed  to  it  by 
borrowers  in  satisfaction  and  discharge  of  loans  made  thereon  and  all  other  real  estate 
owned  or  held  by  it,  which  is  not  necessary  for  carrying  on  its  business,  must  be  sold 
or  exchanged  for  other  real  estate  by  such  bank  within  five  years  after  title  thereto 
shall  have  vested  in  it  by  purchase  or  otherwise;  provided,  however,  that  no  exchange 
of  such  real  estate  for  other  real  estate  shall  be  made  unless  and  until  written  consent 
thereto  shall  first  be  given  by  the  superintendent  of  banks;  and  provided,  further,  that 
any  real  estate  so  taken  in  exchange  may  be  held  for  such  period  of  time  as  the  super- 
intendent of  banks  may  fix  but  not  to  exceed  five  years.  Parcels  of  such  real  estate 
not  sold  or  exchanged  within  said  time  may  be  purchased  by  any  person  wanting  the 
same  upon  the  conditions  and  proceedings  following:  The  intending  purchaser  may 
file  a  petition  in  the  superior  court  in  and  for  the  county  wherein  said  real  estate  or 
any  portion  thereof  is  situated;  upon  the  filing  of  such  petition  a  citation  shall  be  issued 
out  of  said  court  directed  to  the  bank  owning  such  real  estate  requiring  such  bank  to 
show  cause  on  a  day  certain  which  shall  be  not  earlier  than  ten  days  after  the  service 


Act  409,  §55  ge:]ve:ral,  laws.  172 

of  such  citation,  why  commissioners  should  not  be  appointed  by  said  court  for  the  pur- 
pose of  appraising  the  value  of  the  real  estate  described  in  the  petition  and  of  selling 
the  same  at  public  auction  under  the  provisions  of  this  section.  If  there  shall  be  any 
liens  or  encumbrances  of  record  against  such  real  estate  the  person  or  persons  holding 
such  liens  or  encumbrances  shall  likewise  be  cited  and  the  court  shall  in  its  final  decree 
distribute  the  proceeds  of  such  sale,  if  a  sale  thereof  shall  be  made,  according  to  the 
equities  of  the  parties.  If  it  shall  appear  at  the  hearing  of  such  petition  that  the  real 
estate  therein  sought  to  be  purchased  is  held  by  such  bank  in  violation  of  the  provisions 
of  this  section  or  of  the  constitution  of  this  state,  the  court  shall  appoint  three  commis- 
sioners to  appraise  the  value  thereof  and  sell  the  same  at  public  auction  at  the  county 
seat  of  the  county  wherein  said  real  estate  or  any  part  thereof  is  located.  Notice  of 
which  said  sale  shall  be  given  to  the  bank  owning  said  real  estate  and  to  any  other 
persons  interested  therein  as  shown  by  the  records  of  such  county  at  least  ten  days 
before  the  date  of  such  sale  and  shall  be  published  once  a  week  for  three  successive 
weeks  in  some  newspaper  published  in  the  county  where  such  real  estate  or  any  part 
thereof  may  be  located,  or  if  no  newspaper  shall  be  published  in  such  county  then  in 
a  newspaper  published  in  some  neighboring  county.  Such  notice  shall  state  the  time 
and  place  of  such  sale  and  shall  describe  the  real  estate  to  be  sold  with  common  cer- 
tainty and  state  the  value  thereof  as  fixed  by  the  appraisement  of  such  commissioners 
and  state  that  no  bid  less  than  such  appraised  value  will  be  received  therefor.  No 
sale  shall  be  made  for  an  amount  less  than  the  appraised  value  of  such  real  estate  fixed 
by  said  commissioners,  and  in  the  event  that  no  bid  is  received  at  such  sale  at  least  equal 
to  said  appraised  value  of  said  real  estate  no  intending  purchaser  can  institute  the  pro- 
ceedings provided  for  in  this  section  within  one  j^ear  thereafter.  In  case  of  any  sale 
made  under  the  provisions  of  this  section  and  of  the  refusal  of  any  bank  owning  such 
real  estate  or  of  any  lienholder  or  encumbrancer  to  execute  the  conveyances  or  releases 
necessary  or  proper  to  vest  the  title  of  such  bank,  lienholder  or  encumbrancer  in  the 
purchaser  thereof  the  court  shall  have  power  in  such  proceedings  to  direct  said  com- 
missioners to  execute  such  deeds,  conveyances  or  releases  upon  the  payment  to  them  of 
the  purchase  price  therefor.  The  fees  of  such  commissioners  and  cost  of  sale  shall  be 
fixed  by  the  court,  upon  making  such  appointment,  but  the  entire  expense  thereof  shall 
not  exceed  one  hundred  dollars.  The  cost  of  any  such  proceedings  shall  be  borne  by 
the  intending  purchaser  if  no  sale  shall  be  made,  but  if  a  sale  shall  be  made  the  costs 
of  such  proceedings  shall  be  borne  by  the  purchaser  of  the  property  and  the  person  who 
filed  the  petition  and  advanced  the  costs  of  such  proceedings  shall  be  reimbursed  in 
case  he  shall  not  become  such  purchaser.  All  sales  hereunder  shall  be  returned  to  the 
court  having  jurisdiction  of  the  matter  in  the  same  manner  as  in  the  case  of  sales,  by 
commissioners,  of  real  estate  on  foreclosure  of  mortgages.  Nothing  in  this  section 
contained  shall  be  deemed  to  affect  the  power  of  the  superintendent  of  banks  to  require 
the  writing  down  of  the  value  of  real  estate  held  by  any  bank,  at  any  time,  when  such 
writing  down  shall  be  proper.  [Amendment  of  May  17,  1917.  In  effect  July  27,  1917. 
Stats.  1917,  p.  G22.] 

This  was  a  new  section  added  to  the  act  May  6,  1913,  Stats.  1913,  p.  158. 

Receiving  deposits  not  creation  of  debt.     "Real  estate"  defined. 

§  55.  Receiving  deposits,  issuing  certificates  of  deposit,  cheeks  and  bills  of  exchange, 
and  the  like,  in  the  transaction  of  the  ordinary  business  of  a  bank,  must  not  be  construed 
to  be  the  creation  of  debt  within  the  meaning  of  the  phrase  "create  debt"  in  section 
three  hundred  nine  of  the  Civil  Code,  nor  of  indebtedness  within  the  meaning  of  the 
phrase  "the  capital  stock  can  not  be  diminished  to  an  amount  less  than  the  indebtedness 
of  the  corporation"  in  section  three  hundred  fifty-nine  of  the  Civil  Code,  except  that  no 
bank  shall  reduce  its  capital  stock  to  an  amount  less  than  is  required  by  this  act  to  be 


173  BANKS   AXD   BANKING.  Act  409,  §§  u6,  5Ca 

maintained  by  such  bank,  or  less  than  any  indebtedness  of  such  bank  other  than  such 
deposits. 

The  terms  "real  estate,"  or  "real  propertj',"  or  "personal  property,"  when  used  in 
this  act  shall  have  the  meaning  defined  in,  and  shall  be  construed  in  accordance  with  the 
provisions  of  title  I  of  part  I  of  division  second  of  the  Civil  Code.  [New  section 
approved  May  6,  1913.    Stats.  1913,  p.  159.] 

Authority  to  become  member  of  federal  reserve  bank. 

§  56.  Any  bank  is  hereby  authorized  and  empowered  to  become  a  member  of  a 
federal  reserve  bank. 

Nothing  in  this  act  shall  prohibit  any  such  bank  from  becoming  a  member  of  a  fed- 
eral reserve  bank,  in  the  manner  provided  in  the  federal  reserve  act,  nor  from  investing 
any  part  of  its  capital  or  surplus  or  reserve  fund  in  the  capital  stock  of  such  federal 
reserve  bank,  in  accordance  with  the  terms  and  provisions  of  such  federal  reserve  act ; 
provided,  that  such  investment  shall  in  no  case  exceed  the  minimum  amount  required 
to  join  or  associate  itself  with  or  maintain  membership  in  such  federal  reserve  bank; 
provided,  also,  that  such  investment  may  be  carried  in  either  the  commercial,  savings, 
or  triist  department,  or  may  be  apportioned  to  any  two  or  all  three  of  such  departments 
of  any  departmental  state  bank  member. 

Powers.     Subject  to  federal  reserve  examinations. 

Any  bank  joining  or  associating  itself  with  such  federal  reserve  bank  shall  have  and 
exercise  all  powers,  not  in  conflict  with  the  laws  of  this  state,  which  are  conferred  upon 
any  member  bank  in  any  such  federal  reserve  bank,  by  the  provisions  of  the  federal 
reserve  act  and  the  regulations  of  the  federal  reserve  board.  Such  member  bank  and 
its  directors,  oflflcers  and  stockholders  shall  continue  to  be  subject,  however,  to  all 
liabilities  and  duties  imposed  upon  them  by  the  bank  act  and  by  any  other  law  of  this 
state. 

Any  bank  which  shall  have  become  a  member  of  a  federal  reserve  bank  shall  be  sub- 
ject to  the  examinations  required  under  the  terms  of  the  federal  reserve  act,  and  the 
superintendent  of  banks  may,  in  his  discretion,  accept  such  examination  in  lieu  of 
the  examination  required  under  the  provisions  of  this  act,  and  he,  his  agents  and 
employees,  may  furnish  to  the  federal  reserve  board,  the  federal  reserve  bank,  or  to 
examiners  duly  'appointed  by  the  federal  reserve  board  or  the  federal  reserve  bank, 
copies  of  all  examinations  made,  and  may  disclose  to  such  federal  reserve  board,  federal 
reserve  bank,  or  examiner,  any  information  with  reference  to  the  condition  or  affairs 
of  state  bank  members.  [Amendment  of  May  15, 1919.  In  effect  July  22,  1919.  Stats. 
1919,  p.  628.] 

This  was  a  new  section  added  to  the  act  May  6,  1913,  Stats.  1913,  p.  160;  and  amended 
June  3,  1915,  Stats.  1915,  p.  1112. 

Bank  converting  into  national  banking  association. 

§  56a.  Nothing  in  this  act  shall  prevent  or  prohibit  any  bank  from  converting  into 
a  national  banking  association  under  the  provisions  of  section  five  thousand  one  hun- 
dred fifty-four  of  the  United  States  revised  statutes,  or  section  eight  of  the  federal 
reserve  act,  or  any  other  federal  or  state  law;  provided,  however,  that  no  savings  bank 
and  no  departmental  bank  having  a  savings  department,  organized  and  existing  under 
the  laws  of  the  state  of  California,  shall  convert  into  a  national  banking  association 
except  upon  the  following  conditions: 

Notice  of  intention. 

1.  Coincident  with  its  application  to  the  comptroller  of  the  currency,  any  such 
savings  or  departmental  bank  shall  file  with  the  superintendent  of  banks  formal  notice 
of  intention  to  convert  into  a  national  banking  association. 


Act  409,  S  57  GENERAL  LAWS.  174 

Notice  of  conversion. 

2.  Prior  to  conversion,  any  such  savings  or  departmental  bank  shall  place  in  the 
hands  of  the  superintendent  of  banks — 

(a)  A  constructive  notice  for  newspaper  advertisement,  directed  to  its  savings 
depositors,  of  the  fact  of  conversion; 

fb)  Actual  notice  addressed  to  each  and  every  savings  depositor,  at  his  or  her  last 
known  address,  enclosed  in  stamped  and  addressed  envelopes  ready  for  mailing,  this 
notice  to  be  as  follows: 

"You  are  hereby  notified  that  the  undersigned,  formerly  the   ,  now  the 

,   has  converted  from   a  banking   corporation   existing  under  the  laws  of 

California  into  a  national  banking  association;  and  has  therefore  ceased  to  be  under 
the  jurisdiction  and  the  direction  of  the  California  state  banking  department  and  the 
bank  act  of  California,  and  is  now  under  the  jurisdiction  and  control  of  the  federal 
reserve  act  and  the  national  act."  No  other  matter  may  be  enclosed  with  this  notice 
unless  by  permission  of  the  superintendent  of  banks. 

Surrender  of  state  license. 

3.  Upon  conversion  said  bank  shall  file  with  the  superintendent  of  banks  a  copy  of 
its  authorization  as  a  national  banking  association,  certified  by  the  comptroller  of  the 
currency;  and  shall  surrender  to  the  superintendent  of  banks  its  license  as  a  state 
banking  corporation. 

Advertisement  of  conversion. 

4.  Immediately  following  the  conversion  of  a  state  bank,  the  superintendent  of  banks 
shall  cause  the  publication  of  the  notice  provided  in  subdivision  (a)  of  paragraph  two  of 
this  section ;  same  to  be  at  least  once  a  week  for  four  successive  weeks  in  a  newspaper 
of  general  circulation,  printed  and  published  in  every  town  where  said  bank  transacts 
its  business  and  if  there  be  no  such  paper  in  any  such  town  or  towns,  then  in  the  county 
where  such  bank  transacts  its  business,  and  the  superintendent  of  banks  shall  cause 
to  be  mailed  the  notices  provided  in  subdivision  (b)  of  paragraph  two  of  this  section. 
The  advertisement  shall  be  at  the  expense  of  the  converting  bank,  prepaid  to  the 
department.  [New  section  added  May  15,  1919.  In  effect  July  22,  1919.  Stats.  1919, 
p.  629.] 

Loans  secured  by  a  first  lien  on  real  estate. 

§  57.  Whenever  in  this  act  it  is  required  that  loans  or  investments  shall  be  secured 
by  a  first  lien  on  real  estate,  the  lien  of  any  tax,  assessment  or  bond  levied  or  issued 
by  this  state  or  by  any  county,  city  and  county,  city,  town,  municipality,  school  district, 
reclamation  district,  irrigation  district  or  any  other  political  or  governmental  subdi- 
vision  of  this  state  (not  including  bonds  given  pursuant  to  any  law  authorizing  tlio 
same  bv  any  person  or  corporation  in  lieu  of  payment  of  any  tax  or  assessment  levied 
ao-aiust  any  particular  real  property)  and  the  lien  of  any  assessment  levied  to  pay 
such  bonds  shall  not  be  deemed  to  be  a  prior  encumbrance  or  lien  on  such  real  property 
unless  an  installment  or  call  of  such  tax,  assessment  or  bond  shall  be  due  and  delin- 
quent •  and  any  bonds  given  pursuant  to  any  law  authorizing  the  same  by  any  person  or 
corporation  in  lieu  of  payment  of  any  tax  or  assessment  levied  against  any  particular 
real  property  and  any  lien  given  to  secure  the  payment  of  assessments  or  subscriptions 
to  meet  the  requirements  of  any  law  of  the  United  States  in  respect  to  any  irrigation 
project  of  the  United  States  in  this  state  which  may  be  levied,  made  or  received  by  any 
coHDoration  or  association  formed  to  carry  out  the  objects  and  requirements  of  any  such 
law  of  the  United  States  shall  not  be  deemed  to  be  a  prior  encumbrance  or  lien  on 
such  real  property  if  the  lien  given  to  secure  such  assessments  and  subscriptions  taken 
with  the  loan  or  investment  so  secured  shall  amount  to  not  more  than  sixty  per  centum 


173  BANKS   AND  BANKING.  Act  409,  §  51 

of  the  market  value  of  the  land  securing  the  same.     [New  section  added  June  3,  1915. 
In  effect  August  8,  1915.    Stats.  1915,  p.  1113.] 

Application  for  permission  to  engage  in  foreign  banking. 

$  58.  Any  bank  possessing  a  capital  and  surplus  of  one  million  dollars  or  more  maj 
file  application  with  the  superintendent  of  banks  for  permission  to  exercise,  upon  such 
conditions  and  under  such  regulations  as  he  may  prescribe,  either  or  both  of  the  follow- 
ing powers : 

First — To  establish  branches  in  foreign  countries  or  in  dependencies  or  insular  pos- 
sessions of  the  United  States  for  the  furtherance  of  the  foreign  commerce  of  this  state 
and  of  the  United  States. 

Second — To  invest  an  amount  not  exceeding  in  the  aggregate  ten  per  centum  of  its 
paid-in  capital  stock  and  surplus  in  the  stock  of  one  or  more  banks  or  corporations 
chartered  or  incorporated  under  the  laws  of  the  state  of  California,  and  principally 
engaged  in  international  or  foreign  banking  or  banking  in  a  de^iendency  or  insular 
possession  of  the  United  States  either  directly  or  through  the  agency,  ownership  or 
control  of  local  institutions  in  foreign  countries,  or  in  such  dependencies  or  insular 
possessions. 

Such  applications  shall  specify  the  name  and  capital  of  the  bank  filing  it,  the  powers 
applied  for  and  the  place  or  places  where  the  banking  operations  proposed  are  to  be 
carried  on.  The  superintendent  of  banks  shall  have  power  to  approve  or  to  reject  such 
application  in  whole  or  in  part  if  for  any  reason  the  granting  of  such  application  is 
deemed  inexpedient,  and  shall  also  have  power  from  time  to  time  to  increase  or  decrease 
the  number  of  places  where  such  banking  operations  may  be  carried  on. 

Information  regarding  foreign  branches. 

Every  bank  operating  foreign  branches  shall  be  required  to  furnish  information  con- 
cerning the  condition  of  such  branches  to  the  superintendent  of  banks  upon  demand, 
and  every  bank  investing  in  the  capital  stock  of  banks  or  corporations  described  under 
subparagraph  two.  of  the  first  paragraph  of  this  section  shall  be  required  to  furnish 
information  concerning  the  condition  of  such  banks  or  corporations  to  the  superin- 
tendent of  banks  upon  demand,  and  the  superintendent  of  banks  may  order  special 
examinations  of  the  said  branches,  banks  or  corporations  at  such  time  or  times  as  ho 
may  deem  best.  The  cost  of  such  special  examinations  shall  be  paid  by  said  branches, 
banks  or  corporations. 

Regulations  by  superintendent. 

Before  any  bank  shall  be  permitted  to  purchase  stock  in  any  such  corporation  the 
said  corporation  shall  enter  into  an  agreement  or  undertaking  with  the  superintendent 
of  banks  to  restrict  its  operations  or  conduct  its  business  in  such  manner  or  undei 
such  limitations  and  restrictions  as  the  said  superintendent  of  banks  may  prescribe  for 
the  place  or  places  wherein  such  business  is  to  be  conducted.  If  at  any  time  the 
superintendent  of  banks  shall  ascertain  that  the  regulations  by  him  are  not  being  com- 
plied with,  said  superintendent  of  banks  shall  be  authorized  and  shall  have  power  to 
institute  an  investigation  of  the  matter  and  to  send  for  persons  and  papers,  subpoena 
witnesses  and  administer  oaths  in  order  to  satisfy  himself  as  to  the  actual  nature  of 
the  transactions  referred  to.  Should  such  investigation  result  in  establishing  the 
failure  of  the  corporation  in  question,  or  of  the  bank  or  banks  which  may  be  stock- 
holders therein,  to  comply  with  the  regulations  laid  down  by  the  said  superintendent 
of  banks,  such  banks  may  be  required  to  dispose  of  stockholdings  in  the  said  corpo- 
ration upon  thirty  days'  notice,  and  in  the  event  of  their  noncompliance  with  such 
order  the  superintendent  of  banks  may  institute  proceedings  for  forfeiture  of  license 


Act  409  GENERAL,   LAWS.  176 

Every  such  bank  shall  conduct  the  accounts  of  each  foreign  branch  independently 
of  the  accounts  of  other  foreign  branches  established  by  it  and  of  its  home  office,  and 
shall  at  the  end  of  each  fiscal  period  transfer  to  its  general  ledger  the  profit  or  loss 
accruing  to  each  branch  as  a  separate  item.  [New  section  added  May  15,  1919.  In 
efEect  July  22, 1919.    Stats.  1919,  p.  630.] 

AETICLE  n. 

Savings  Banks, 
i  60.    Capital  Stock. 

In  Places  of  5000  Persons  and  Under. 
In  Places  of  Over  5000  and  Not  Over  25,000  Persons. 
In  Places  of  Over  25,000  and  Not  Over  100,000  Persons. 
In  Places  of  Over  100,000  and  Not  Over  200,000  Persons. 
In  Places  of  Over  200,000  Persons. 
Without  Capital  Stock. 

§  61.    Eeal  and  Personal  Property. 

Kind  That  May  Be  Purchased  and  Held. 
Limitations  on  Purchase  of  Personal  Property, 
Purchase  of  Bonds. 

United  States  Bonds. 

Foreign   Bonds. 

State  of  California  Bonds. 

State  Bonds  of  Other  States. 

District  Bonds. 

Mutual  and  District  Water  Bonds. 

Bailroad  Bonds. 

Rule  for  Determination  of  Income. 
Security. 

First  Mortgage. 
Refunding  Mortgage. 
Trust  Deed  on  Operative  Property. 
Guaranteed  Railroad  Bonds. 
Public  Utility  Bonds. 
Security. 

First  Mortgage. 
Refunding  Mortgage. 
Trust  Deed  on  Operative  Property. 
Definitions. 
Notes  Secured  by  First  Mortgage. 

Market  Value  of  Oil  and  Timber  Lands. 
Collateral  Trust  Bonds. 

Bonds  Legal  for  Investment  in  New  York  and  Massachusetts. 
Guaranteed  Payment. 
"Net  Earnings,"  Defined. 

Bonds,  etc..  Certified  by  Superintendent  of  Banks. 
Previous  Investments. 

Legality  Not  Affected. 
Investment  Value  of  Bonds. 

Bonds  of  Public  Utilities  Under  Jurisdiction  of  Bailroad  Commlssloa. 
Validity  of  Bonds. 

State  Does  Not  Guarantee. 
Advertisement  of  Bonds  as  Legal  Investment. 
Penalty  for  False  Advertisement. 
{  61a.  Bonds  tor  Investment  by  Savings  Banks. 

Superintendent  of  Banks  May  Investigate. 

Opinion  of  Attorneys. 
Certificate. 

Revocation  Of. 
Renewal  or  Extension  Of. 
Expenses. 
{  62.    Reat,  and  Personal  Property. 
Trading  in  Forbidden. 


177  BANKS  AND  BANKING.  Act  409,  §  60 

Drafts,  Payment  Of. 
Borrowing  Money. 
Public  Moneys. 
§  63.     Certificates  of  Deposit. 

Time  Certificates. 
§  64,    Time  and  Condition  of  Repayment  op  Deposits. 
By-Laws  and  Contracts  as  To. 
Eeserve  Fund. 
§  65.    Loans  to  Director  or  Officer  Forbidden.    Provisos. 
Loans  to  Agent  or  Employee. 
Record  Of. 

Report  to  Superintendent  of  Banks. 
Religious  Corporations,  Clubs,  Etc. 
Loans  to  Director  on  Security. 
§  66.    Loans  Exceeding  Fifty  Per  Cent  of  Stock  Forbidden.    Benewal  oi  LOAi*. 
§  67.    Loans,  Limitation  On. 
Bill  of  Exchange. 

Not  Eligible  for  Discount  or  Purchase,^ 
Credit  Reports. 
Amount,  Limitation  On. 
On  Bonds  and  Notes. 
On  Personal  Property. 

On  Bonds  or  Capital  Stock  of  Corporations. 
Real  Estate. 

Capital  Stock  of  Corporations. 
Mining  Stock. 
S  68.    Reserves. 

Deposit  of. 

Of  Member  of  Federal  Eeserve  Bank. 
Failure  to  Maintain. 
Dealings  With  Commercial  Bank. 
§  68i.  Deposits  of  Deceased  Persons. 

§  69.    Business  to  Be  Conducted  Under  Provisions  oi"  This  Act. 
§  70.     Liberty  Bonds. 

Capital  stock  of  savings  "banks.    Without  capital  stock. 

§  60.  Every  savings  bank  hereafter  organized  must  have  paid  up  in  cash  a  capital 
stock  of  not  less  than 

(a)  Twenty-five  thousand  dollars  if  its  principal  place  of  business  is  located  in  any 
locality  the  population  of  which  does  not  exceed  five  thousand  persons; 

(b)  Fifty  thousand  dollars  if  its  principal  place  of  business  is  located  in  any  city  the 
population  of  which  is  more  than  five  thousand  persons,  but  does  not  exceed  twenty- 
five  thousand  persons; 

(c)  One  hundred  thousand  dollars  if  its  principal  place  of  business  is  located  in  any 
city  the  population  of  which  is  more  than  twenty-five  thousand  persons  but  does  not 
exceed  one  hundred  thousand  persons; 

(d)  Two  hundred  thousand  dollars  if  its  principal  place  of  business  is  located  in  any 
city  the  population  of  which  is  more  than  one  hundred  thousand  persons  but  does  not 
exceed  two  hundred  thousand  persons; 

(e)  Three  hundred  thousand  dollars  if  its  principal  place  of  business  is  located  in  any 
city  the  population  of  which  is  more  than  two  hundred  thousand  persons. 

Excepting  that  any  savings  bank  organized  without  capital  stock  must  have  a  reserve 
fund  of  at  least  one  million  dollars.  Until  the  capital  stock  or  reserve  fund  herein- 
before required  shall  be  actually  paid  in,  the  superintendent  of  banks  shall  refuse  to 
issue  the  certificate  required  by  this  act.  The  foregoing  classification  shall  not  apply 
to  any  savings  bank  already  in  existence  which  has  received  its  certificate  to  do  a 
banking  business  from  the  superintendent  of  banks;  nor  to  any  bank  the  location  of 
which  shall  have  been  included  by  annexation  or  consolidation  within  the  limits  of  a 
city  of  a  class  requiring  a  larger  capitalization,  but  no  bank  thus  excepted  shall  be 

Gen.  Laws — 12 


Act  409,  g  61  GENERAL   LAWS.  178 

permitted  to  establish  any  new  branch  office  as  provided  in  section  nine  of  this  act  or 
to  remove  its  place  of  business  from  the  original  limits  of  the  city  or  township  wherein 
it  was  located  prior  to  such  annexation  or  consolidation  until  it  shall  have  the  capital 
required  of  banks  in  such  city  not  within  said  exception.  Such  excepted  banks  may  not 
in  any  case  decrease  their  capital  stock  but  may  increase  the  same  in  the  manner 
provided  by  law  to  an  amount  either  greater  or  less  than  that  required  of  banks  in 
such  city  not  within  said  exception;  provided,  that  nothing  herein  shall  be  construed 
to  affect  the  provisions  of  section  nineteen  of  this  act  relative  to  the  proportion  of  cap- 
ital and  surplus  to  deposits  or  of  section  twenty-three  of  this  act  relative  to  the  capital 
stock  required  of  banks  doing  a  departmental  business.  The  provisions  of  section 
twenty-three  of  this  act,  as  to  population,  shall  apply  to  any  bank  organized  under  the 
provisions  of  this  section.    [Amendment  approved  May  6,  1913.    Stats.  1913,  p.  160.] 

This  section  was  also  amended  April  21,  1911,  Stats.  1911,  p.  1012. 

Purchase  of  real  or  personal  property  by  savings  banks. 

§  61.  Any  savings  bank  may  purchase,  hold  and  convey  real  or  personal  property 
as  follows : 

1.  The  lot  and  building  in  which  the  business  of  the  bank  is  carried  on;  furniture 
and  fixtures,  vaults  and  safe  deposit  vaults  and  boxes  necessary  or  proper  to  carry  on 
its  banking  business;  such  lot  and  building,  furniture  and  fixtures,  vaults  and  safe 
deposit  vaults  and  boxes  shall  not,  in  the  aggregate,  be  carried  on  the  books  of  such 
bank  as  an  asset  to  an  amount  exceeding  its  paid-up  capital  and  surplus ;  and  hereafter, 
the  authority  of  a  two-thirds  vote  of  all  of  the  directors  shall  be  necessary  to  authorize 
the  purchase  of  such  lot  and  building,  or  the  construction  of  such  building. 

2.  Such  as  may  have  been  mortgaged,  pledged  or  conveyed  to  it  in  trust  for  its 
benefit  in  good  faith,  for  money  loaned  in  pursuance  of  the  regular  business  of  the 
corporation. 

3.  Such  as  may  have  been  purchased  at  any  sales  under  pledge,  mortgage  or  deed  of 
trust  made  for  its  benefit  for  money  so  loaned  and  such  as  may  be  conveyed  to  it  by 
borrowers  in  satisfaction  and  discharge  of  loans  made  thereon. 

Limitations  on  purchase  of  personal  property.    Purchase  of  bonds. 

No  savings  bank  shall  purchase,  own,  or  sell  personal  property,  except  such  as  may 
be  requisite  for  its  immediate  accommodation  for  the  convenient  transaction  of  its 
business,  notes  or  bonds  secured  by  trust  deeds  or  mortgages  on  real  estate,  bonds, 
securities  or  evidences  of  indebtedness,  public  or  private,  gold  or  silver  bullion  and 
United  States  mint  certificates  of  ascertained  value,  and  evidences  of  debt  issued  by 
the  United  States.  No  savings  bank  shall  purchase,  own,  hold  or  convey  bonds,  secur- 
ities or  evidences  of  indebtedness,  public  or  private,  except  as  follows: 

United  States  bonds. 

(a)  Bonds  or  interest-bearing  notes  or  obligations  of  the  United  States,  or  those 
for  which  the  faith  and  credit  of  the  United  States  are  pledged  for  the  payment  of 
principal  and  interest,  or  those  issued  under  authority  of  the  United  States; 

Foreign  bonds. 

(aa)  Bonds  or  interest-bearing  notes  or  obligations  of  England  or  the  United  King- 
dom of  Great  Britain  and  Ireland,  or  France,  or  the  Dominion  of  Canada,  or  those  for 
which  the  faith  and  credit  of  any  one  or  more  of  said  countries  are  pledged  for  the 
payment  of  principal  and  interest ;  or  bonds  or  interest-bearing  notes  or  obligations  of 
any  other  foreign  country  or  government,  which  bonds  or  interest-bearing  notes  or 
obligations  shall  have  first  been  approved  by  the  superintendent  of  banks  in  writing; 


179  BANKS  AND  BAXKIJVG.  Act  409,  g  61 

State  of  California  bonds. 

(b)  Bonds  of  this  state,  or  those  for  which  the  faith  and  credit  of  the  state  of 
California  are  pledged  for  the  payment  of  principal  and  interest,  or  those  of  any  county, 
city  and  county,  city  or  school  district  of  this  state; 

State  bonds. 

(c)  Bonds  or  stocks  or  notes  of  any  state  in  the  United  States  that  has  not,  within 
five  years  previous  to  making  such  investment  by  such  bank,  defaulted  in  the  payment 
of  any  part  of  either  principal  or  interest,  or  those  of  any  county,  city  and  county,  city 
or  town,  in  any  state  of  the  United  States  other  than  the  state  of  California,  issued 
under  authority  of  any  law  of  such  state,  which  county,  city  and  county,  city  or  town, 
had,  as  shown  by  the  federal  or  state  census  next  preceding  such  investment,  a  popula- 
tion of  more  than  twenty  thousand  inhabitants;  provided,  however,  that  the  entire 
bonded  indebtedness  of  such  county,  city  and  county,  city  or  town,  including  such  issue 
of  bonds  or  stocks  or  notes,  does  not  exceed  fifteen  per  centum  of  the  value  of  the 
taxable  property  therein  as  shown  by  its  last  equalized  assessment  roll;  and  provided, 
further,  that  such  county,  city  and  county,  city  or  town,  or  the  state  in  which  it  is 
located  has  not  defaulted  in  payment  of  any  part  of  either  principal  or  interest  due 
upon  any  legally  authorized  bond  or  stock  or  note  issue  within  five  years  next  preced- 
ing such  investment; 

District  bonds. 

(d)  Bonds  of  any  district  organized  under  the  laws  of  the  state  of  California  which 
are  required  to  be  and  are  investigated  and  approved  by  a  commission  now  or  here- 
after authorized  by  a  law  of  this  state  to  conduct  such  investigation  and  give  such 
approval  and  by  authority  of  which  api^roval  said  bonds  are  declared  to  be  legal 
investments  for  savings  banks; 

(e)  Bonds  of  any  district  organized  under  the  laws  of  the  state  of  California  not 
otherwise  provided  for  in  this  section;  or  those  of  any  mutual  water  company  organ- 
ized under  the  laws  of  this  state  and  operating  wholly  within  this  state;  provided,  that 
all  bonds  specified  in  this  paragraph  shall  first  be  certified  by  the  superintendent  of 
banks  after  an  investigation  in  manner  and  form  as  is  provided  for  by  section  sixty- 
one  a  of  this  act;  and  provided,  further,  that  no  bonds  of  any  mutual  water  company 
shall  be  certified  by  the  superintendent  of  banks  unless  the  company  issuing  said  bonds 
shall  have  been  in  continuous  operation  for  a  period  of  five  years  next  preceding  the 
application  for  said  certificate  and  shall  have  served  not  less  than  seventy-five  pei 
centum  of  the  lands  entitled  to  service  by  said  mutual  water  company  for  a  period  oi 
not  less  than  three  years  next  preceding  the  application  for  said  certificate; 

Bonds  of  railroad  corporation. 

(f)  (1)  Bonds  of  any  railroad  corporation  incorporated  under  the  laws  of  the  stal* 
of  California  and  operating  exclusively  therein;  provided,  said  corporation  has  had  net 
earnings  for  the  period  herein  fixed  amounting  to  at  least  one  and  one-fourth  times  the 
interest  on  all  its  outstanding  mortgage  indebtedness;  or, 

(2)  Bonds  of  any  railroad  corporation  incorporated  under  the  laws  of  any  state  in 
the  United  States,  operating  at  least  five  hundred  miles  of  standard  gauge  track 
exclusive  of  sidings;  provided,  said  corporation  has  had  net  earnings  for  the  period 
herein  fixed  amounting  to  at  least  one  and  one-half  times  the  interest  on  all  its  oiit- 
standing  mortgage  indebtedness;  or, 

(3)  Bonds  of  any  railroad  corporation,  the  payment  of  which  has  been  guarant«yrd, 
both  as  to  principal  and  interest,  by  a  railroad  corporation  meeting  the  requirements 
of  either  subdivision  (1)  or  (2)  of  paragraph  (f)  of  this  section;  provided,  that  such 
guai'anteeing  corporation  has  had  for  the  period  herein  fixed  net  earnings  amounting 


Act  409.  §61  GENERAL   LAWS.  180 

to  at  least  one  and  one-half  times  the  interest  on  all  its  outstanding  mortgage  indebted- 
ness and,  in  addition  thereto,  sufificient,  taken  with  the  earnings  of  all  corporations 
whose  bonds  it  has  guaranteed,  to  qualify  as  investments  for  savings  banks,  as  in  this 
section  provided,  all  such  guaranteed  bonds;  provided,  that  the  excess  of  income  of  any 
corporation  whose  bonds  have  been  so  guaranteed,  over  the  amount  required  bj'^  this 
section  for  such  corporation,  shall  not  apply  to  or  be  included  in  determining  the 
income  so  required;  provided,  further,  that  the  guarantee  of  such  bonds  hereafter 
guaranteed  must  establish  a  lien  upon  all  the  operating  properties  of  the  guaranteeing 
corporation,  which  lien  must  take  precedence  over  any  subsequent  issues  of  mortgage 
obligations  by  said  guaranteeing  corporation. 

Rule  for  determination  of  income. 

In  determining  the  income  of  any  corporation  specified  in  paragraph  (f)  of  sub- 
division three  of  this  section,  there  shall  be  included  the  income  of  any  corporation  or 
corporations  out  of  which  it  shall  have  been  formed  through  consolidation  or  merger, 
and  of  any  corporation  or  corporations,  the  entire  business  and  income  producing  prop- 
erty of  which  the  corporation  issuing  such  bonds  has  wholly  acquired. 

Security. 

All  bonds  authorized  for  investment  by  paragraph  (f)  of  subdivision  three  of  this 
section  must  be  secured  by  a  mortgage  or  deed  of  trust  which  is,  at  the  time  of  making 
such  investment,  either 

First  mortgage. 

I.  A  closed  first  mortgage  or  deed  of  trust;  or, 

II.  A  first  mortgage  or  deed  of  trust  containing  provisions  restricting  the  issuance 
of  further  bonds  until  such  time  as  the  income  of  said  corporation  shall  have  been  at 
least  sufficient,  during  the  twelve  months  next  preceding  the  issuance  of  any  additional 
bonds,  to  meet  the  earning  requirements  specified  in  the  respective  subdivisions  of  this 
paragraph  applicable  to  such  corporation  after  including  the  additional  bonds  then 
proposed  to  be  issued;  or, 

Refunding  mortgage. 

III.  A  refunding  mortgage  or  deed  of  trust  providing  for  the  retirement  of  all  prior 
lien  mortgage  debts  of  said  corporation,  and  restricting  the  issuance  of  further  bonds 
until  such  time  as  the  income  of  said  corporation  shall  have  been  at  least  sufficient, 
during  the  twelve  months  next  preceding  the  issuance  of  any  additional  bonds,  to 
meet  the  earning  requirements  specified  in  the  respective  subdivisions  of  this  para- 
graph applicable  to  such  corporation  after  including  the  additional  bonds  then  pro- 
posed to  be  issued;  or, 

Trust  deed  on  operative  property.    Guaranteed  railroad  bonds  legal  investments  for 

savings  banks. 

IV.  An  underlying  or  divisional  closed  mortgage  or  deed  of  trust  of  property  which 
forms  a  part  of  the  operating  system  of  the  corporation  then  owning  said  property. 
In  the  case  of  bonds  secured  by  an  underlying  or  divisional  closed  mortgage  or  deed 
of  trust,  the  net  income  required  by  this  section  shall  be  based  exclusively  upon  the 
income,  maintenance  charges,  operating  expenses,  taxes,  and  mortgage  indebtedness  of 
or  against  the  property  covered  by  such  underlying  or  divisional  closed  mortgage  or 
deed  of  trust,  or,  if  such  income,  maintenance  charges  or  operating  expenses  can  not  be 
definitely  ascertained,  on  the  proper  proportionate  share  of  such  property  in  the 
general  income,  maintenance  charges,  operating  expenses,  and  taxes  of  the  corporation 
then  owning  such  property  and  on  the  mortgage  indebtedness  of  or  against  the  prop- 
erty covered  by  such  underlying  or  divisional  closed  mortgage  or  deed  of  trust;  pro- 


ISl  BANt<:S   AND   BANKING.  Act  409,  §  61 

vided,  however,  that  if  the  payment  of  the  bonds  secured  by  such  underlying  or  divi- 
sional closed  mortgage  or  deed  of  trust  shall  be  guaranteed  or  assumed  by  the  corpora- 
tion then  owning  the  property  securing  the  same,  such  bonds  shall  be  legal  investments 
for  savings  banks,  if  the  net  income  of  such  corporation  from  all  sources  shall  equal 
the  amount  herein  required,  notwithstanding  any  insufficiency  of  the  income  derived 
from  the  property  covered  by  such  underlying  or  divisional  closed  mortgage  or  deed 
of  trust  to  meet  the  requirements  of  this  section. 

No  savings  bank  shall  purchase  the  bonds  of  any  railroad  corjDoration  deriving  less 
than  twenty  per  centum  of  its  gross  receipts  from  passenger  revenues. 

The  term,  "railroad  corporation,"  when  used  in  paragraph  (f)  of  subdivision  three 
of  this  section,  shall  have  the  meaning  defined  in  the  "public  utilities  act." 

Public  utility  bonds. 

(g)  Bonds  of  anj'  street  railroad  corporation;  or  of  any  gas;  water;  pipe  line;  light; 
power;  light  and  power;  gas,  light  and  power;  electrical;  telephone;  telegraph;  or 
telephone  and  telegi-aph  corporation  or  of  any  other  "public  utility"  incorporated 
under  the  laws  of  the  state  of  California;  and 

(1)  Operating  exclusively  in  the  state  of  California,  provided  said  corporation  has 
had,  for  the  period  herein  fixed,  net  earnings  amounting  to  one  and  one-half  times  the 
interest  on  all  its  outstanding  mortgage  indebtedness;  or, 

(2)  Operating  its  property  in  part  within  the  state  of  California,  provided  said 
corporation  has  had,  for  each  of  its  two  fiscal  years  next  preceding  such  investment, 
net  earnings  amounting  to  one  and  one-half  times  the  interest  on  all  its  outstanding 
mortgage  indebtedness;  or, 

(3)  The  payment  of  which  is  guaranteed,  both  as  to  principal  and  interest,  by  a 
public  utility  corporation  meeting  the  requirements  of  either  subdivision  (1)  or  (2) 
of  paragraph  (g)  of  this  section,  provided  that  such  guaranteeing  corporation  has  had 
for  the  period  required  in  the  respective  subdivisions  of  this  paragraph  relating  thereto, 
net  earnings  amount  to  at  least  one  and  one-half  times  the  interest  on  all  of  said 
guaranteeing  corporation's  outstanding  mortgage  indebtedness,  and,  in  addition  thereto, 
sufficient,  taken  with  the  earnings  of  all  corporations  whose  bonds  it  has  guaranteed, 
to  qualify  as  investments  for  savings  banks,  as  in  this  section  provided,  all  such  guar- 
anteed bonds;  provided,  that  the  excess  of  income  of  any  corporation  whose  bonds  have 
been  so  guaranteed,  over  the  amount  required  by  this  section  for  such  corporation,  shall 
not  apply  to  or  be  included  in  determining  the  income  so  required;  provided,  further, 
that  the  guarantee  of  such  bonds  hereafter  guaranteed  must  establish  a  lien  upon  all 
the  operating  properties  of  the  guaranteeing  corporation  which  lien  must  take  prece- 
dence over  any  subsequent  issues  of  mortgage  obligations  by  said  guaranteeing 
corporation. 

In  determining  the  income  of  any  corporation  specified  in  paragraph  (g)  of  sub- 
division three  of  this  section,  there  shall  be  included  the  income  of  any  corporation 
or  corporations  out  of  which  it  shall  have  been  formed  through  consolidation  or 
merger,  and  of  any  corporation  the  entire  business  and  income  producing  property  of 
which  the  corporation  issuing  such  bonds  has  wholly  acquired. 

• 
Security. 

All  bonds  authorized  for  investment  by  paragraph  (g)  of  subdivision  three  of  this 
section  must  be  secured  by  a  mortgage  or  deed  of  trust  which  is  at  the  time  of  making 
such  investment;  either 

First  mortgage. 

I.  A  closed  first  mortgage  or  deed  of  trust;  or, 

II.  A  first  mortgage  or  deed  of  trust  containing  provisions  restricting  the  issuance 
of  further  bonds  until  such  time  as  the  income  of  said  corporation  shall  have  bee»  at 


Act  409,  §  61  GENERAL   LAW'S.  183 

least  sufficient,  during  the  twelve  months  next  preceding  the  issuance  of  any  additional 
bonds,  to  meet  the  earning  requirements  specified  in  the  respective  subdivisions  of  this 
paragraph  applicable  to  such  corporation  after  including  the  additional  bonds  then 
proposed  to  be  issued;  or, 

Refunding  mortgage. 

III.  A  refunding  mortgage  or  deed  of  trust  providing  for  the  retirement  of  all  prior 
lien  mortgage  debts  of  said  corporation  and  restricting  the  issuance  of  farther  bonds 
until  such  time  as  the  income  of  said  corporation  shall  have  been  at  least  sufficient, 
during  the  twelve  months  next  preceding  the  issuance  of  any  additional  bonds,  to  meet 
the  earning  requirements  of  such  corporation  after  including  the  additional  bonds  then 
proposed  to  be  issued;  or, 

Trust  deed  on  operative  property. 

IV.  An  underlaying  or  divisional  closed  mortgage  or  deed  of  trust  of  property  which 

forms  a  part  of  the  operating  system  of  the  corporation  then  owning  said  property. 

In  the  case  of  bonds  secured  by  an  underlying  or  divisional  closed  mortgage  or  deed  of 

trust,  the  net  income  required  by  this  section  shall  be  based  exclusively  upon  the  the 

income,  maintenance  charges,  operating  expenses,  taxes  and  mortgage  indebtedness  of 

or  against  the  property  covered  by  such  underlying  or  divisional  closed  mortgage  or 

deed  of  trust  or,  if  such  income,  maintenance  charges  or  operating  expenses  can  not  be 

definitely   ascertained,   on   the   proper   proportionate   share    of   such   property   in    the 

general  income,  maintenance  charges,  operating  expenses  and  taxes  of  the  corporation 

then  owning  such  property  and  on  the  mortgage  indebtedness  of  or  against  the  i)roperty 

covered  by  such  underlying  or  divisional  closed  mortgage  or  deed  of  trust;  provided, 

however,  that  if  the  payment  of  the  bonds  secured  by  such  underlying  or  divisional 

closed  mortgage  or  deed  of  trust  shall  be  guaranteed  or  assumed  by  the  corporation 

then  owning  the  property  securing  the  same,  such  bonds  shall  be  legal  investments  for 

savings  banks,  if  the  net  income  of  such  corporation  from  all  sources  shall  equal  the 

amount  herein  required,  notwithstanding  any  insufficiency  of  the  income  derived  from 

the  property  covered  by  such  underlying  or  divisional  closed  mortgage  or  deed  of  trust 

to  meet  the  requirements  of  this  section. 

• 
Definitions. 

The  terms  "street  railroad  corporation,"  "pipe  line  corporation,"  "gas  corpora- 
tion," "electrical  corporation,"  "telephone  corporation,"  "telegraph  corporation," 
"water  corporation,"  and  "public  utility,"  when  used  in  paragraph  (g)  of  subdivision 
three  of  this  section,  shall  have  the  meaning  definied  in  the  "public  utilities  act." 

Notes  secured  by  first  mortgage. 

(h)  Notes  or  bonds  secured  by  first  mortgage  or  deed  of  trust  or  other  first  lien 
upon  real  estate,  improved  or  unimproved;  provided,  that  the  entire  note  or  bond 
issue  shall  not  exceed  sixty  per  centum  of  the  market  value  of  such  real  estate,  or  such 
real  estate  with  improvements,  taken  as  security;  and  provided,  further,  in  case  the 
said  note  or  bond  issue  is  created  for  a  building  loan  on  real  estate,  that  at  no  time 
shall  the  entire  outstanding  note  or  bond  issue  exceed  sixty  per  centum  of  the  market 
value  of  the  real  estate  and  the  actual  cost  of  the  improvements  thereon  taken  as 
security. 

Market  value  of  oil  and  timber  land. 

In  determining  the  market  value  of  any  real  estate  under  the  provisions  of  para- 
graph (h),  subdivision  three  of  this  section,  where  such  real  estate,  improved  or  unim- 
proved, consists  of  oil  or  other  mineral  or  timber  land,  the  value  represented  by  such 
oil   or  other  mineral  or  timber  shall  not  be   included   in    fixing   such  market   value. 


1S3  DAXKS   AXD  BAXKING.  Act  409,  §  61 

Xothing  herein  contained  shall  prevent  savings  banks  from  making  loans  secured  by 
mortgage  or  deed  of  trust  upon  lands  wherein  redwood  timber  is  included  in  fixing  the 
market  value  thereof. 

Collateral  trust  bonds. 

(i)   Collateral  trust  bonds  or  notes  when  secured  by  either: 

(1)  Deposit  of  bonds  authorized  for  investment  by  this  section  of  a  market  value 
at  least  fifteen  per  centum  in  excess  of  the  par  value  of  the  collateral  trust  bonds  or 
notes  issued;  or, 

(2)  Deposit  of  bonds  authorized  for  investment  by  this  section  and  other  securities 
of  a  combined  market  value  at  least  twenty  per  centum  in  excess  of  the  par  value  of  the 
collateral  trust  bonds  or  notes  issued;  provided,  that  the  par  value  of  said  collateral 
trust  bonds  or  notes  shall  in  no  case  exceed  the  market  value  of  that  portion  of  the 
security  represented  by  bonds  authorized  for  investment  by  his  section. 

(3)  Deposit  of  any  notes  or  bonds  authorized  for  investment  by  this  section  and 
other  securities  of  a  combined  market  value  of  at  least  thirty  per  centum  in  excess  of 
the  par  value  of  the  collateral  trust  bonds  or  notes  issued ;  provided,  that  the  par  value 
of  such  collateral  trust  bonds  or  notes  issued  shall  in  no  case  exceed  the  market  value 
of  that  portion  of  the  security  represented  by  notes  or  bonds  authorized  for  investment 
by  this  section;  provided,  further  that  the  collateral  pledged  consist  of  bonds  author- 
ized for  investment  by  this  section  of  the  market  value  of  at  least  seventy-five  per 
centum  of  the  par  value  of  such  collateral  trust  bonds  or  notes  issued. 

Legal  investment  in  New  York  and  Massachusetts. 

(j)  Bonds  legal  for  investment  by  savings  banks  in  the  states  of  New  York  or  Massa- 
chusetts; provided,  however,  that  as  to  bonds  of  the  character  specified  in  paragraph 
(c)  of  subdivision  three  of  this  section,  such  bonds  shall  also  conform  to  the  require- 
ments of  such  paragraph. 

Guaranteed  pajnnent. 

(k)  Notes  or  bonds  secured  by  mortgage  or  deed  of  trust,  payment  of  which  is  guar- 
anteed by  a  policy  of  mortgage  insurance,  and  mortgage  participation  certificates, 
issued  by  a  mortgage  insurance  company  in  accordance  with  the  provisions  of  chapter 
eight  of  title  two  or  part  four  of  division  first  of  the  Civil  Code. 

"Net  earnings." 

"Net  earnings"  as  used  in  this  section  shall  be  deemed  to  mean  the  amount  remain- 
ing after  deducting  from  the  gross  earnings  all  taxes,  maintenance  charges  and  oper- 
ating exi^enses  except  depreciation  charges,  sinking  fund  charges  and  interest  on 
indebtedness. 

Unless  herein  otherwise  expressly  provided  the  period  for  which  any  corporation 
must  have  "net  earnings"  sufficient  to  qualify  its  bonds  as  an  investment  for  savings 
banks  under  this  section  shall  be  either  the  fiscal  year  of  such  cor])oration  next  pre- 
ceding the  investment  therein  by  any  savings  bank  or  twelve  consecutive  months  in  the 
fourteen  months  next  preceding  such  investment. 

Bonds,  etc.,  certified  by  superintendent  of  banks. 

No  notes,  bonds,  or  other  securities  shall  be  deemed  to  come  within  or  conform  to  the 
requirements  of  either  of  paragraphs  (f),  (g),  (h),  or  (i)  of  subdivision  three  of  this 
section,  unless  such  notes,  bonds  or  other  securities  shall,  in  the  manner  provided  in 
this  act,  have  been  certified  by  the  superintendent  of  banks  to  come  within  and  fully 
conform  to  the  requirements  of  one  or  the  other  of  said  paragraphs;  provided,  however, 
that  any  bank  maj',  without  such  certification  by  the  superintendent  of  banks,  purchase 
any  note  or  bond  or  issue  of  notes  or  bonds  provided  for  in  said  paragraph  (h),  when- 


Act  409,  §  91  GE^NCRAL.   LAWS.  184 

ever  such  purchase  constitutes  the  entire  amount  of  notes  or  bonds  executed  by  the 
makers  thereof  and  secured  by  the  same  real  estate;  provided,  also,  that  no  savings 
bank  shall  hold  any  such  notes  or  bonds  unless  such  holding  constitutes  the  entire  issue 
thereof  at  any  time  outstanding;  and  provided,  also,  that  nothing  in  this  paragraph" 
shall  be  construed  to  permit  savings  banks  to  invest  in  notes  or  certificates  evidencing 
participation  in  any  mortgage  on  real  estate  unless  in  this  act  specifically  authorized 
or  in  or  on  any  form  of  obligation  secured  by  any  undivided  interest  in  real  estate 
designed  to  distribute  the  obligation  so  secured. 

Legality  of  previous  investments  not  affected. 

The  legality  of  investments  heretofore  lawfully  made  pursuant  to  the  provisions  of 
this  section,  or  of  any  law  of  this  state  as  it  existed  on  and  subsequent  to  July  1,  1909, 
shall  not  be  affected  by  any  amendments  to  this  section  or  this  act;  nor  shall  any  such 
amendments  require  the  changing  of  investments  once  lawfully  made  under  this  act. 

Investment  value  of  bonds. 

Any  bonds  authorized  by  this  section  as  a  legal  investment  for  savings  banks  may 
be  carried  on  the  books  of  said  bank  at  their  investment  value,  based  on  their  market 
value  at  the  time  they  were  originally  bought,  unless  the  superintendent  of  banks  shall 
require  any  or  all  of  the  bonds  which  may  thereafter  have  a  market  value  less  than  the 
original  investment  value  to  be  written  down  to  such  new  market  value  which  shall 
be  done  gradually  if  practicable  and  in  such  manner  as  he  may  determine;  or  he  may, 
by  a  plan  of  amortization  to  be  determined  by  him,  require  such  gradual  extinction  of 
premium  as  will  bring  such  bonds  to  par  at  maturity. 

When  it  shall  be  necessary  to  prevent  loss  to  any  savings  bank  on  an  obligation 
owned  or  on  a  debt  previously  contracted  in  good  faith,  it  may,  with  the  previous 
written  consent  of  the  superintendent  of  banks,  purchase  or  acquire  bonds  of  any 
railroad  corporation  incorporated  under  the  laws  of  the  state  of  California  and  oper- 
ated exclusively  therein,  notwithstanding  such  bonds  do  not  conform  to  the  require- 
ments in  this  section  contained;  provided,  any  bonds  so  purchased  or  acquired  must  be 
sold  for  the  best  price  obtainable  by  any  bank  within  five  years  after  such  purchase  or 
acquisition. 

Bonds  of  public  utilities. 

No  savings  bank  shall  hereafter  purchase  or  loan  money  upon  any  bond,  note  or 
other  evidence  of  indebtedness,  issued  by  any  ** public  utility,"  subject  to  the  juris- 
diction, regulation  or  control  of  the  railroad  commission  of  this  state  under  the  pro- 
visions of  the  "public  utilities  act,"  approved  December  23,  1911,  and  acts  amenda- 
tory thereof  or  supplemental  thereto,  unless  each  such  bond,  note  or  other  evidence  of 
indebtedness  was  either: 

(a)  Issued  prior  to  the  taking  effect  of  the  "public  utilities  act";  or, 

(b)  Issued  under  authority  of  the  railroad  commission,  in  accordance  with  the  pro- 
visions of  said  act;  or, 

(c)  A  note  issued  for  a  period  not  exceeding  twelve  months,  in  accordance  with  the 
provisions  of  subdivision  (b)  of  section  fifty-two  of  said  act. 

State  does  not  guarantee  validity  of  bonds. 

No  provision  of  this  act,  and  no  act  or  deed,  done  or  performed  under  or  in  con- 
nection therewith,  and  no  finding  made  or  certificate  issued  under  any  provision  thereof, 
shall  be  held  or.  construed  to  obligate  the  state  of  California  to  pay,  or  be  liable  for  the 
payment  of,  or  to  guarantee  in  any  manner  whatsoever,  the  regularity  or  the  validity 
of  the  issuance  of  any  stock  or  bond  certificate,  or  bond,  note,  or  other  evidence  of 
indebtedness  certified  under  any  provisions  of  this  act,  by  the  superintendent  of  banks. 


1S5  BANKS  AND  BAXlvING.  Act  409.  §  61a 

Advertisement  of  bonds  as  legal  investment.    Penalty  for  false  advertisement. 

It  shall  not  be  lawful  for  any  individual,  firm,  association,  bank,  trust  company, 
stock  company,  copartnership  or  corporation  to  advertise  by  newspaper  or  circular  or 
in  any  other  manner  that  any  securities  are  legal  investments  for  savings  banks  in  this 
state  or  to  use  any  advertisement  which  might  lead  the  public  to  believe  that  any 
securities  conform  to  the  requirements  of  law  relating  to  investments  by  savings  banks 
unless  such  securities  are  such  as  are  specified  in  paragraphs  (a),  (aa),  (b),  (c),  (d), 
(e)>  (j)>  or  (k)  of  subdivision  three  of  this  section  or  shall,  in  the  manner  provided 
in  this  act,  have  been  certified  by  the  superintendent  of  banks  to  come  within  and 
fully  conform  to  the  requirements  of  one  or  the  other  of  paragraphs  (f),  (g),  (h),  or 
(i)  of  subdivision  three  of  this  section  or  unless  such  advertisement  shall  have  been 
approved  in  writing  by  the  superintendent  of  banks  prior  to  publishing,  circulating  or 
otherwise  issuing  the  same.  Any  individual,  firm,  association,  bank,  trust  company, 
stock  company,  copartnership  or  corporation  who  shall  advertise  any  securities  in 
violation  of  the  provisions  of  this  paragraph  shall  be  guilty  of  a  misdemeanor  and 
shall  be  punishable  by  a  fine  not  exceeding  one  thousand  dollars  or  by  imprisonment  in 
a  county  jail  not  exceeding  one  year  or  by  both  such  fine  and  imprisonment,  [Amend- 
ment of  May  15,  1919.    In  effect  July  22,  1919.    Stats.  1919,  p.  631.] 

This  section  was  also  amended  April  21,  1911,  Stats.  1911,  p.  1004;  May  6,  1913,  Stats.  1913 
p.  161;  June  3,  1915,  Stats.  1915,  p.  1113;  and  May  17,  1917,  Stats.  1917,  p.  586. 

Superintendent  of  banks  may  investigate  bonds. 

$  61a.  The  superintendent  of  banks  shall  have  power,  when  any  issue  of  bonds  or 
securities  is  presented  to  him  for  that  purpose,  to  investigate  and  ascertain  whether 
such  bonds  or  securities  come  within  and  fully  conform  to  all  the  requirements  of 
paragraphs  (f),  (g),  (h),  or  (i)  of  subdivision  three  of  section  sixty-one  of  this  act, 
or  of  either  of  said  paragraphs. 

Opinions  of  attorneys. 

He  may  also  investigate  and  ascertain  for  what  period  of  time,  and  upon  what  con- 
ditions, any  franchise  granted  to  or  held  by  any  corporation  issuing  any  such  bonds  or 
securities  will  remain  in  force,  and  any  other  facts  or  conditions  bearing  upon  the 
value  or  sufficiency  of  such  bonds.  The  superintendent  of  banks  may  accept  and  act 
upon  the  opinions  and  appraisements  of  any  attorneys,  engineers,  or  appraisers  which 
may  be  presented  by  such  person  or  corporation,  so  applying,  and  the  reports  of  any  of 
the  executive  officers  of  the  corporation  issuing  such  bonds  or  securities,  on  any  ques- 
tion of  fact  concerning  or  affecting  such  bonds  or  securities,  the  security  thereof,  the 
franchise  conditions  herein  mentioned,  or  the  financial  condition  of  the  corjDoration 
issuing  the  same.  In  lieu  of  or  in  addition  to  such  opinions,  appraisements  and  reports, 
the  superintendent  of  banks  may,  if  he  deems  proper,  have  any  or  all  such  matters 
passed  upon  and  certified  to  him  by  attorneys,  engineers,  appraisers  or  accountants  of 
his  own  selection  at  the  expense  of  the  applicant.  If  the  superintendent  of  banks  shall 
find  from  such  investigation  that  the  bonds  or  securities  so  presented  come  within  and 
fully  conform  to  all  the  requirements  of  any  of  said  paragraphs  of  subdivision  three 
of  section  sixty-one  of  this  act,  and  is  satisfied  from  such  investigation  as  to  such 
franchise  conditions,  he  shall  so  certify  unless  for  any  reason  he  shall  be  of  the 
opinion  that  such  bonds  are  not  a  safe  or  proper  investment  for  saving  banks,  and  in 
such  event  or  if  such  bonds  shall  fail  to  meet  the  requirements  of  this  act  such  certifi- 
cate must  be  refused.  The  superintendent  of  banks  also  shall  have  power  to  investigate 
and  ascertain  the  status  and  sufficiency  as  investments  for  savings  banks  of  any  bonds 
specified  in  paragraph  (e)  of  subdivision  three  of  section  sixty-one  of  this  act.  If  upon 
such  investigation  it  shall  be  determined  in  the  opinion  of  the  superintendent  of  banks 
that  any  bond  specified  in  said  paragraph  (e)  of  subdivision  three  of  section  sixty-one 
of  this  act  constitutes  a  proper  investment  for  savings  banks  he  shall  so  certify. 


Act  409,  §  62  GENERAL   LAWS.  180 

Certificates  revoked. 

Any  certificate  issued  by  the  superintendent  of  banks  under  authority  of  the  pro- 
visions of  this  section  may  be  revoked  at  any  time  in  his  discretion.  Any  certificate 
issued  in  relation  to  notes  or  bonds  specified  in  paragraphs  (f),  (g)  or  (i)  of  sub- 
division three  of  section  sixtj^-one  of  this  act  shall  expire  not  later  than  three  months 
after  the  end  of  the  then  current  fiscal  year  of  the  corporation  issuing  such  notes  or 
bonds. 

Renewal  or  extension  of  certificate. 

Any  such  certificate  so  expiring  may  be  renewed  or  extended  by  the  superintendent 
of  banks  without  application  therefor  from  such  corporation  or  other  interested  parties 
if  he  shall  be  satisfied  that  the  notes  or  bonds  referred  to  in  said  certificate  are  in  con- 
formity with  the  then  requirements  of  section  sixty-one  of  this  act. 

Expenses. 

The  actual  expense  of  investigating  any  issue  of  bonds  or  securities  so  presented 
shall  be  paid  by  the  person,  district  or  corporation  presenting  the  same  for  investigation, 
and  the  superintendent  of  banks,  before  making  such  investigation,  may  require  a 
cash  deposit  of  such  amount  as  he  may  deem  necessary  to  cover  such  expense.  The 
superintendent  of  banks  shall  keep  an  official  list  of  all  bonds  and  securities  certified 
by  him.     [Amendment  of  May  15,  1919.    In  effect  July  22,  1919.    Stats.  1919,  p.  640.] 

This  was  a  new  section  added  to  the  act  May  6,  1913,  Stats.  1913,  p.  168;  and  it  was 
amended  June  3,  1915,  Stats.  1915,  p.  1121;  and  May  17,  1917.  In  effect  July  27,  1917,  Stats. 
1917,  p.   594. 

Savings  banks  not  to  trade  in  real  property. 

§  62.  No  savings  banks  shall,  directly  or  indirectly,  deal  or  trade  in  real  or  personal 
property  in  any  other  case  or  for  any  other  purpose  than  is  authorized  by  this  act, 
and  shall  not  contract  any  debt  or  liability  for  any  purpose  whatever  other  than  for 
deposits,  except  as  in  this  section  provided. 

Drafts. 

Savings  banks  may  pay  regular  depositors,  when  requested  by  them,  by  draft  upon 
deposits  to  their  credit  with  their  banks,  and  charge  current  rate  of  exchange  for  such 
drafts. 

Savings  banks  borrowing  money.    Savings  banks  may  borrow  public  moneys. 

No  savings  bank  shall  borrow  money,  or  pledge  or  hypothecate  any  of  its  securities, 
except  to  meet  the  immediate  demands  of  its  own  depositors,  and  then  only  in  pursuance 
of  a  resolution  adopted  by  a  vote  of  a  majority  of  its  board  of  directors,  duly  entered 
upon  their  minutes,  wherein  shall  be  recorded  the  ayes  and  nays  upon  each  vote;  also 
with  the  written  approval  of  the  superintendent  of  banks,  and  he  shall  have  the  author- 
ity to  fix  the  amount  to  be  borrowed  the  amount  and  character  of  the  securities  to  be 
pledged  or  hypothecated,  and  the  term  and  rate  of  interest  thereon;  provided,  that 
any  savings  bank  may,  for  the  purpose  of  performing  its  functions  and  transacting 
its  business  as  authorized  by  this  act,  rediscount,  with  or  without  guarantee  or 
endorsement,  with  the  federal  reserve  bank,  its  acceptances,  notes  or  any  other  securi- 
ties, available  for  rediscount  with  a  federal  reserve  bank,  in  any  amount  up  to  but 
not  exceeding  its  capital  and  surplus  or  reserve  without  consent  of  the  superintendent 
of  banks,  and  shall  not  be  considered  as  borrowed  money  within  the  meaning  of  this 
section;  provided,  also,  that  savings  banks  may,  in  the  manner  authorized  by  law,  and 
without  the  previous  approval  of  the  superintendent  of  banks,  borrow  the  public  moneys 
of  the  United  States,  the  state  of  California,  the  counties,  cities  and  counties,  and  towns 
of  said  state  of  California  and  receive  such  public  moneys  on  deposit;  provided,  also, 


187  BAKKS   AND  BANKING.  Act  409.  g§  63, 64 

that  savings  banks  may.  in  the  manner  authorized  by  law,  and  without  the  previous 
approval  of  the  superintendent  of  banks,  borrow  postal  savings  moneys  of  the  United 
States,  and  receive  such  postal  savings  moneys  on  deposit;  and  provided,  further, 
savings  banks  may  borrow  any  amount,  in  addition  to  the  amounts  authorized  to  be 
borrowed  in  this  section,  for  the  purpose  of  buying  from  the  United  States,  United 
States  bonds.  United  States  treasury  certificates,  or  notes  or  obligations  of  the  United 
States,  but  only  in  pursuance  of  a  resolution  of  a  majority  of  its  board  of  directors, 
dul)'  entered  upon  their  minutes,  and  without  the  previous  approval  of  the  superin- 
tendent of  banks,  but  the  fact  of  such  transaction  shall  forthwith  be  reported  in  writ- 
ing to  the  superintendent  of  banks.  No  excess  loan  made  to  any  savings  bank  with  or 
without  pledge  of  assets  shall  be  invalid  or  illegal  as  to  the  lender.  [Amendment  of 
May  15, 1919.    In  effect  July  22,  1919.    Stats.  1919,  p.  641.] 

This  section  was  also  amended  April  21,   1911,  Stats.  1911,  p.  1013. 

Certificates  of  deposit,  issue  of.    Time  certificates. 

$  63.  Savings  banks  may  issue  general  certificates  of  deposit,  which  are  transferable, 
as  in  other  cases,  by  indorsement  and  delivery;  may  issue,  when  requested  by  the 
depositor,  special  certificates,  acknowledging  the  deposit  by  the  person  therein  named 
of  a  specified  sum  of  mone}^,  and  expressly  providing  on  the  face  of  such  certificate 
that  the  sum  so  deposited  and  therein  named  may  be  transferred  only  on  the  books  of 
the  bank;  payment  thereafter  made  by  the  bank  to  the  depositor  named  in  such  certifi- 
cate, or  to  his  assignee  named  upon  the  books  of  the  bank,  or  in  case  of  death,  to  the 
legal  representative  of  such  person,  of  the  sum  for  which  such  special  certificate  was 
issued,  shall  discharge  the  bank  from  all  further  liability  on  account  of  the  money  so 
paid. 

All  time  certificates  of  deposit,  issued  by  a  savings  bank,  shall  be  subject  to  the 
same  limitations  and  conditions  as  applied  to  other  deposits,  and  notice  thereof  shall 
be  given  by  the  words  "Subject  to  conditions  of  agreement  with  depositors"  printed  on 
the  face  of  the  certificate  issued. 

Time  and  condition  of  repayment  of  deposits.    Reserve  fund. 

§  64.  Each  savings  bank  must  prescribe  by  its  by-laws,  or  by  contract  with  its 
depositors,  the  time  and  conditions  on  which  repayment  is  to  be  made  to  depositors, 
except  as  in  this  act  otherwise  provided.  In  all  cases  the  bj'-laws  or  contracts  shall 
provide  that  notice  of  at  least  thirty  days  may,  at  the  option  of  any  such  bank,  be 
required  to  be  given  of  intention  to  withdraw  any  deposit  or  part  thereof,  but  when- 
ever there  is  any  call  by  depositors  for  repayment  of  a  greater  amount  than  the  bank 
may  have  disposable  for  that  purpose,  the  directors  or  officers  thereof  must  not  make 
any  new  loan  or  investment  of  the  funds  of  the  depositors  or  of  earnings  thereof  until 
such  excess  of  call  has  ceased.  The  directors  of  any  such  bank  having  no  capital  stock 
shall,  before  the  declaration  of  any  dividend,  carry  at  least  one-tenth  part  of  the  net 
profits  of  such  bank,  for  the  preceding  half  year,  or  for  the  period  covered  by  said 
dividend,  to  its  reserve  fund.  Subject  to  the  provisions  of  section  nineteen  of  this  act, 
any  losses  sustained  by  any  such  bank  may  be  charged  to  and  paid  out  of  its  reserve 
fund.  A  larger  reserve  fund  may  be  created  and  nothing  herein  contained  shall  be 
construed  as  prohibitory  thereof.  The  assets  of  any  such  bank  are  a  security  to  its 
depositors.  Any  such  bank  organized  without  capital  stock,  may  provide  by  its  by-laws 
for  the  disposal  of  any  amount  in  its  reserve  fund  in  excess  of  the  amount  required 
by  section  nineteen  of  this  act  and  may  also  provide  for  final  disposal  upon  the  disso- 
lution of  the  bank  of  its  reserve  fund  or  the  balance  thereof  remaining  after  payment 
of  any  losses  of  such  bank.     [Amendment  approved  May  6,  1913.    Stats.  1913,  p.  168. j 


Act  409,  §65  GENERAL   LAWS.  ISS 

No  loan  to  director  or  officer.    Record  of  loan.    Report  of  loan  to  superintendent  of 
banks. 

$  65.  No  loan  shall  be  made,  for  himself  or  as  agent  or  partner  of  another,  directly 
or  indirectly,  to  any  director  or  officer  of  any  savings  bank  by  such  bank,  or  on  the 
endorsement,  surety  or  guaranty  of  any  such  officer  or  director,  except  that  loans  may 
be  made  to  any  corporation  in  which  any  director  or  officer  of  such  savings  bank  may 
own  or  hold  a  minority  number  of  shares  of  stock,  upon  authorization  of  a  majority 
of  all  the  directors  of  such  savings  bank  and  the  affirmative  vote  of  all  directors  of 
such  savings  bank  present  at  the  meeting  authorizing  such  loan;  provided,  however, 
that  such  loan  shall  in  all  other  respects  conform  to  and  comply  with  all  other  pro- 
visions of  this  act.  Such  interested  director  or  officer  shall  not  vote  or  participate  in 
any  manner  in  the  action  of  the  board  on  such  loan;  provided,  also,  that  by  and  with 
the  consent  of  the  superintendent  of  banks  previously  obtained  in  writing,  all  directors 
may  vote  upon  such  a  loan  made  by  one  bank  to  another  bank  where  the  entire  capital 
stock  of  one  is  rfwned  by  or  held  in  trust  for  the  stockholders  of  the  other  bank  and 
where  all  or  a  majority  of  the  board  of  directors  of  each  of  said  banks  are  composed 
of  the  same  persons.  Such  authorization  shall  be  entered  upon  the  records  or  minutes 
of  such  savings  bank.  The  fact  of  making  such  loan,  the  names  of  the  directors 
authorizing  such  loan,  the  corporate  name  of  the  borrower,  the  name  of  each  director 
or  officer  of  such  bank  who  is  a  member,  stockholder,  officer,  or  director  of  the  corpora- 
tion to  which  such  loan  is  made,  the  amount  of  stock  held  by  him  in  such  borrowing 
corporation,  the  amount  of  such  loan,  the  rate  of  interest  thereon,  the  time  when  the 
loan  will  become  due,  the  amount,  character  and  value  of  security  given  therefor  and 
the  fact  of  final  payment,  when  made,  shall  be  forthwith  reported  in  writing  by  the 
cashier  or  secretary  of  such  savings  bank  to  the  superintendent  of  banks.  No  loan 
may  be  made  to  any  corporation,  a  majority  of  the  stock  of  which  is  owned  or  con- 
trolled by  any  one  or  more  of  the  directors  or  officers  of  such  savings  bank,  except 
with  the  previous  consent  of  the  superintendent  of  banks. 

Loan  to  agent  or  employee.    Record  of  loan.    Report  to  superintendent  of  banks. 

A  loan  may  be  made  to  any  agent  or  employee,  other  than  an  officer  or  director,  of 
any  saving's  bank  by  such  bank  upon  authorization  of  a  majority  of  all. the  directors 
of  such  savings  bank  and  an  affirmative  vote  of  all  directors  of  such  savings  bank 
present  at  the  meeting  authorizing  such  loan;  provided,  however,  that  such  loan  shall 
in  all  respects  conform  to  and  comply  with  all  other  provisions  of  this  act.  Such 
authorization  shall  be  entered  upon  the  records  or  minutes  of  such  savings  bank.  The 
fact  of  making  such  loan,  the  names  of  the  directors  authorizing  such  loan,  the  name  of 
the  borrower,  the  nature  of  his  employment,  the  amount  of  such  loan,  the  rate  of 
interest  /hereon,  the  time  when  the  loan  will  become  due,  the  amount,  character  and 
value  of  the  security  given  therefor,  and  the  fact  of  final  payment,  when  made,  shall 
be  forthwith  reported  in  writing  by  the  cashier  or  secretary  of  such  savings  bank  to 
the  sup'5rintendent  of  banks.  Any  officer  or  director  of  any  savings  bank,  who  know- 
ingly procures  a  loan  from  such  savings  bank,  contrary  to  the  provisions  of  this 
sectioD,  shall  be  guilty  of  a  felony.  In  case  of  the  neglect  or  failure  of  the  secretary 
or  cas'hier  of  any  such  bank  to  report  to  the  superintendent  of  banks,  as  herein  pro- 
vided, any  of  the  facts  so  required  to  be  reported,  or  in  case  of  the  neglect  or  failure  of 
the  secretary  or  cashier  of  any  such  bank  to  report  to  the  superintendent  of  banks  any 
loan  made  contrary  to  the  provisions  of  this  section,  the  bank  shall  be  liable  therefor 
and  shall  forfeit  to  the  people  of  the  state  of  California  twenty-five  dollars  per  day 
for   lach  day,  or  part  thereof,  during  which  such  neglect  or  failure  continues. 


ISO  B.VXKS  AND  BANKING.  Act  409,  §§  C6,  «7 

Not  applicable  to  what  corporation. 

This  section  shall  not  apply  to  any  loan  made  to  a  religious  corporation,  club,  or 
other  membership  corporation  of  which  one  or  more  directors,  officers,  agents  or 
employees  of  such  savings  bank  may  be  members  or  officers,  but  in  which  they  have  no 
financial  interest. 

Loans  to  director  on  security. 

Loans  may  be  made  to  any  director,  other  than  an  officer,  directly  or  indirectly,  or 
to  any  agent  or  employee  of  a  savings  bank  on  the  security  of  United  States  bonds, 
United  States  treasury  certificates,  or  interest-bearing  notes,  or  obligations  of  the 
United  States  or  those  for  which  the  faith  and  credit  of  the  United  States  are  pledged 
for  repayment  of  principal  or  interest,  or  those  issued  under  authority  of  the  United 
States,  notwithstanding  anything  in  this  section  contained,  and  such  loans  may  be 
made  in  the  usual  manner  of  making  loans  in  which  no  director  of  such  bank  is  inter- 
ested.    [Amendment  of  May  15,  1919.    In  effect  July  22,  1919.     Stats.  1919,  p.  642.] 

This  section  was  also  amended  May  6,  1913,  Stats.  1913,  p.  169;  June  3,  1915,  Stats.  1915. 
p.  1122;  and  May  17,  1917,  Stats.  1917,  p.  609. 

No  loan  exceeding  50  per  cent  of  stock.    Eenewal  of  loan. 

§  66.  No  savings  bank  shall  hereafter  make  any  loans  to  any  person,  firm,  copartner- 
ship or  coriDoration  to  an  amount  exceeding  50  per  centum  of  the  actual  paid-up  capital 
stock  and  surplus  of  such  bank,  or  in  the  case  of  a  bank  organized  without  capital 
stock,  to  an  amount  exceeding  50  per  centum  of  the  reserve  fund  of  such  bank;  pro- 
vided, however,  that  any  savings  bank  having  a  paid-up  capital  and  surplus  of  less  than 
fifty  thousand  dollars,  but  not  less  than  twenty-five  thousand  dollars,  may  make  any 
such  loan  on  real  estate  security  to  an  amount  not  exceeding  twenty-five  thousand  dol- 
lars; and  provided  further,  that  any  savings  bank  having  a  paid-up  capital  and  surplus 
of  less  than  twenty-five  thousand  dollars  may  make  any  such  loan  on  real  estate  security 
to  an  amount  not  exceeding  its  paid-up  capital  and  surplus,  if  each  such  loan  in  all 
other  respects  conforms  to  the  provisions  of  this  act.  The  renewal  or  extension  of  any 
loan  heretofore  legally  made  by  any  savings  bank  shall  not  be  construed  to  be  a  "loan 
hereafter  made"  within  the  meaning  of  the  provisions  of  this  section.  The  legality  of 
investments  heretofore  lawfully  made  pursuant  to  the  provisions  of  this  act  as  it  existed 
on  and  subsequent  to  July  1,  1909,  shall  not  be  affected  by  the  provisions  of  this  section. 
For  the  purposes  of  this  section  an  endorser  or  guarantor  shall  be  deemed  to  be  a 
bori'ower.     [Amendment  of  May  6,  1913.    Stats.  1913,  p.  170.] 

Limitation  on  loans. 

§  67.  1.  No  savings  bank  shall  loan  money  except  on  adequate  security  of  real  or 
personal  property,  and  no  such  loan  shall  be  made  for  a  period  longer  than  ten  years. 
No  such  loan  shall  be  made  on  unsecured  notes;  provided,  that  a  savings  bank  may 
discount  or  purchase  bankers'  or  trade  acceptances,  notes,  drafts  and  bills  of  exchange 
of  the  kind  and  character  and  maturities  defined  and  made  eligible  for  rediscount  with 
a  federal  reserve  bank;  provided,  also,  that  the  same  are  accei3ted  or  endorsed  without 
qualification  by  a  bank  or  trust  company,  which  bank  or  trust  company  has  a  paid-in 
capital  of  at  least  one  million  dollars;  and  provided,  also,  that  a  savings  bank  may 
discount  or  purchase  a  bill  which  must  comply  with  the  following  requirements: 

Requirements  for  bill  of  exchange. 

(a)  It  must  be  a  bill  issued  by  a  solvent  individual  or  firm  or  corporation  engaged 
in  mercantile  or  manufacturing  business  in  the  United  States  that  makes  statements  of 
its  condition  duly  ascertained  and  certified  to  by  a  public  accountant.  Copy  of  such 
a  certified  statement  shall  be  on  file  in  the  office  of  the  savings  bank  discounting  or 
purchasing  such  bill  in  a  file  maintained  for  such  purpose.     Said  statement  shall  have 


Aot409,  §C7  GENERAL    LAWS.  1!)0 

been  issued  within  the  preceding  fourteen  months  and  shMl  be  the  latest  issued  by  said 
individual  or  firm  or  corporation.  Said  statement  shall  consist  of  a  balance  sheet 
showing  quick  assets,  slow  assets,  permanent  or  fixed  assets,  current  liabilities  and 
accounts,  short  term  loans,  long  term  loans,  capital  and  surplus.  Accompanying  said 
balance  sheet  shall  be  a  copy  of  a  statement  from  the  borrower  or  public  accountant 
concerning  the  following : 

(1)  The  nature  of  the  business. 

(2)  All  contingent  liabilities  such,  as  endorsements  or  guarantees. 

(3)  Particulars  respecting  any  mortgage  debts  and  whether  there  is  any  lien  on 
current  assets. 

(4)  The  maximum  and  minimum  liabilities  of  the  individual,  firm  or  corporation 
during  the  twelve  months  previous  to  the  date  of  audit. 

(b)  It  must  be  issued  by  an  individual,  firm  or  corporation  whose  net  worth  is  not 
less  than  two  times  the  amount  of  its  outstanding  liabilities,  including  any  contingent 
liabilities  arising  from  the  rediscount  of  bills  receivable  or  other  accommodation 
endorsements,  nor  less  than  three  hundred  thousand  dollars.  The  quick  assets  of  said 
individual,  firm  or  corporation,  consisting  of  merchandise,  finished,  raw,  and  in  the 
process  of  manufacture,  accounts  receivable,  bills  receivable,  bonds  or  obligations  of  the 
government  of  the  United  States  at  the  then  market  value  of  said  bonds  or  obligations 
and  cash,  shall  not  be  less  than  two  times  its  outstanding  quick  liabilities  including 
any  contingent  liabilities  arising  from  the  rediscount  of  bills  receivable  or  other 
accommodation  endorsements,  as  shown  by  said  statement. 

(c)  It  must  have  a  maturity  of  not  more  than  six  months. 

(d)  It  must  have  arisen  out  of  actual  commercial  transactions;  that  is,  be  a  bill  which 
has  been  issued  or  drawn  for  industrial  or  commercial  purposes  or  the  proceeds  of 
which  have  been  or  are  to  be  used  for  such  purposes. 

Bills  not  eligible  for  discount  or  purchase. 

No  bill  shall  be  eligible  for  discount  or  purchase  by  a  savings  bank,  the  proceeds  of 
which  have  been  used  or  are  to  be  used  for  any  of  the  following  purposes : 

(1)  For  investments  of  a  merely  speculative  character  whether  made  in  goods  or 
otherwise. 

(2)  Must  not  have  been  issued  for  carrying  or  trading  in  stocks,  bonds  or  other 
investment  securities,  except  bonds  of  the  government  of  the  United  States,  and  must 
not  cover  merely  investments. 

(3)  Must  not  be  a  bill  of  any  individual,  firm' or  corporation  which  has  under  pledge 
or  hypothecation  any  of  its  personal  assets. 

The  word  "bill,"  when  used  in  this  section,  shall  be  construed  to  include  notes, 
drafts,  or  bills  of  exchange,  and  the  word  ''goods"  shall  be  construed  to  include  goods, 
wares  or  merchandise. 

Credit  reports. 

Any  savings  bank  purchasing  or  discounting  such  paper  shall  have  a  file  maintained 
for  the  purpose,  letters  from  banks  and  merchants  or  mercantile  reports  bearing  upon 
the  credit  and  standing  of  the  person,  firm,  copartnership  or  corporation  whose  paper 
is  under  discount. 

Limitation  on  amount. 

No  savings  bank  shall  at  any  time  acquire  or  hold,  directly  or  indirectly,  by  discount 
or  purchase,  a  combined  total  amount  of  bankers'  and  trade  acceptances,  drafts  and 
bills  of  exchange  and  bills  of  the  character  defined  and  limited  by  this  section,  greater 
than  twenty  per  centum  of  the  deposits  of  such  bank,  nor  shall  any  savings  bank  at 
any  time  acquire  or  hold,  directly  or  indirectly,  by  discount  or  purchase,  an  amount  of 


191  BANKS  AXD  BAAKIJVG.  Act  409.  §  67 

bills,  of  the  character  defined  and  limited  by  this  section,  greater  than  twelve  and 
one-half  per  centum  of  the  deposits  of  such  bank.  No  savings  bank  shall  at  any  time 
acquire  or  hold,  directly  or  indirectly,  by  discount  or  purchase,  any  such  bankers'  or 
trade  acceptances,  drafts  and  bills  of  exchange  from  any  one  acceptor  in  an  amount 
which  shall  exceed  five  per  centum  of  the  capital  and  surplus  or  reserve  of  such  savings 
bank  nor  shall  any  savings  bank  at  any  time  acquire  or  hold,  directly  or  indirectly,  by 
discount  or  purchase,  any  such  bills  of  any  one  person,  fixm,  copartnership  or  corpora- 
tion in  an  amount  which  shall  exceed  five  per  centum  of  the  capital  and  surplus  or 
reserve  of  such  savings  bank. 

Loans  on  bonds. 

2.  No  savings  bank  shall  invest  or  loan  an  amount  greater  than  fifty  per  centum  ol 
its  actual  paid-up  capital  and  surplus  on  any  one  note  or  bond  issue  of  the  class 
specified  in  paragraph  (h),  or  on  the  securities  issued  by  any  one  mortgage  insurance 
company  of  the  class  specified  in  paragraph  (k)  of  subdivision  three  of  section  sixty- 
one  of  this  act,  nor  more  than  five  per  centum  of  its  assets  on  any  one  bond  issue  of  any 
other  class,  except  bonds  of  the  United  States,  or  interest-bearing  notes  or  obligations 
of  the  United  States,  or  bonds  of  the  state  of  California,  bonds  for  which  the  faith  and 
credit  of  the  United  States  or  of  the  state  of  California  are  pledged,  or  bonds  of  any 
county,  city  and  county,  city  or  school  district  in  this  state,  or  bonds  of  any  irrigatior 
district  such  as  are  legal  for  investment  by  savings  banks. 

3.  No  savings  bank  shall  loan  money : 

(a)  On  bonds  of  the  character  specified  in  paragraphs  (a),  (aa),  (b),  (c)  and  (d) 
of  subdivision  three  of  section  sixty-one  of  this  act,  or  on  bonds  of  the  charactei 
specified  in  paragraph  (e)  of  subdivision  three  of  section  sixty-one  of  this  act  th^ 
principal  and  interest  of  which  are  to  be  paid  in  whole  or  in  part  by  taxes  levied  upon 
the  property  in  the  district  issuing  such  bonds,  unless  such  bonds  shall  have  a  market 
value  at  least  ten  per  centum  in  excess  of  the  amount  loaned  thereon ;  or, 

(b)  On  bonds  of  the  character  specified  in  paragraphs  (f),  and  (g)  or  on  bond3 
or  notes  of  the  character  specified  in  paragraph  (i)  of  subdivision  three  of  section 
sixty-one  of  this  act,  when  eligible  as  investments  for  savings  banks  pursuant  to  said 
section,  or  on  bonds  of  the  character  specified  in  pai'agraph  (e)  of  subdivision  three  of 
section  sixty-one  of  this  act  other  than  those  specified  in  the  preceding  paragraph  of 
this  section,  unless  siuih  bonds  or  notes  shall  have  a  market  value  at  least  fifteen  per 
centum  in  excess  of  the  amount  loaned  thereon;  or, 

(c)  On  bonds  legal  for  investment  by  savings  banks  in  the  states  of  New  York  or 
Massachusetts,  unless  such  bonds  shall  have  a  market  value  at  least  fifteen  per  centum 
in  excess  of  the  amount  loaned  thereon;  or, 

(d)  On»  notes  or  bonds  of  the  character  specified  in  paragraph  (h)  of  subdivision 
three  of  section  sixty-one  of  this  act  when  certified  as  legal  investments  for  savings 
banks  under  the  provisions  of  section  sixty-one  a  or  on  securities  of  the  character 
specified  in  paragraph  (k)  of  subdivision  three  of  said  section  eligible  for  investment  by 
savings  banks,  unless  such  bonds,  notes  or  securities  shall  have  a  market  value  at  least 
ten  per  centum  in  excess  of  the  amoi;nt  loaned  thereon;  or, 

(e)  On  personal  property  unless  such  personal  property  shall  have  a  market  value 
at  least  fifty  per  centum  in  excess  of  the  amount  loaned  thereon ;  or, 

(f)  On  other  bonds,  or  on  capital  stock  of  any  corporation,  unless  such  bonds  or 
stock  shall  have  a  market  value  at  least  fifty  per  centum  in  excess  of  the  amount 
loaned  thereon;  provided,  however,  that  no  loan  shall  be  made  upon  the  capital  stock 
of  any  bank  unless  such  bank  has  been  in  existence  at  least  two  years  and  has  earned 
and  paid  a  dividend  on  its  capital  stock. 


Act  409,  §  68  GENE:RAL   LAWS  19Z 

Loans  on  real  estate. 

4.  No  savings  bank  shall  make  any  loan  on  security  of  real  estate,  except  it  be  a 
first  lien,  and  in  no  event  to  exceed  sixty  per  centum  of  the  market  value  of  any  real 
estate  taken  as  security  except  for  the  purpose  of  facilitating  the  sale  of  property 
owned  by  such  savings  bank;  provided,  that  a  second  lien  may  be  accepted  to  secure 
the  repaj^ment  of  a  debt  previously  contracted  in  good  faith;  and  provided,  also,  that 
any  savings  bank  holding  a  first  mortgage  or  deed  of  trust  on  real  estate  may  take 
or  purchase  and  hold  or  loan  upon  another  and  immediately  subsequent  mortgage  or 
deed  of  trust  thereon,  but  all  such  loans  shall  not  exceed  in  the  aggregate  sixty  per 
centum  of  the  market  value  of  the  real  estate  securing  the  same;  provided,  further, 
that  a  savings  bank  may  loan  not  to  exceed  ninety  per  centum  of  the  face  value  of  a 
mortgage  which  constitutes  a  first  lien  upon  real  estate,  but  in  no  event  shall  any  such 
loan  exceed  ninety  per  centum  of  sixty  per  centum  of  the  market  value  of  the  real 
estate  covered  by  said  mortgage  or  deed  of  trust. 

Loans  on  capital  stock  of  corporations. 

5.  No  savings  bank  shall  loan  to  any  one  borrower  on  the  security  of  the  capital 
stock  of  any  corporation  an  amount  exceeding  ten  per  centum  of  the  capital  stock  and 
surplus  of  such  savings  bank;  provided,  that  all  loans  on  the  capital  stock  of  any  one 
corporation  shall  not  exceed  in  the  aggregate  twenty-five  per  centum  of  the  capital 
stock  and  surplus  of  such  savings  bank. 

No  loans  on  mining  stock. 

6.  No  savings  bank  shall  purchase,  invest  or  loan  its  capital,  surplus  or  the  money  of 
its  depositors,  or  any  part  of  either,  in  mining  ^hares  or  stock  and  any  president  or 
managing  officer  who  knowingly  consents  to  a  violation  of  any  provision  of  this  para- 
graph shall  be  guilty  of  a  felony.  [Amendment  of  May  15,  1919.  In  effect  July  22, 
1919.    Stats.  1919,  p.  644.] 

This  section  was  also  amended  May  6,  1913,  Stats.  1913,  p.  170;  June  3,  1915,  Stats.  1915, 
p.  1123;  and  May  17,  1917,  Stats.  1917,  p.  595. 

Total  reserves  of  savings  banks.  Deposit  of  reserves. 

§  68.  Every  savings  bank  or  savings  department  of  a  bank  shall  at  all  times  main- 
tain total  reserves  equivalent  to  five  per  centum  of  the  aggregate  amount  of  its  deposits, 
exclusive  of  United  States,  postal  savings  bank,  state,  county  and  municipal,  and  other 
public  money  deposits,  which  are  secured  as  is  required  by  law;  at  least  two  and  one- 
half  per  centum  of  such  deposits  shall  be  maintained  as  reserves  on  band,  which  shall 
consist  of  gold  bullion  or  any  form  of  monej'  or  currency  authorized  by  the  laws  of 
the  United  States,  and  two  and  one-half  per  centum  of  such  deposits  may  be  maintained 
as  reserves  on  hand,  which  shall  consist  of  bonds,  or  interest  bearing  obligations  of  the 
United  States,  of  gold  bullion,  or  any  form  of  money  or  currency  authorized, by  the  laws 
of  the  United  States  or  may  be  maintained  as  reser^-es  on  deposit  subject  to  call  with 
any  reserve  depositary  provided  for  in  sections  twenty  and  forty-three  of  this  act; 
provided,  however,  that  all  or  any  part  of  the  reserves  maj'  be  deposited,  subject  to 
call,  with  a  federal  reserve  bank  in  the  district  in  which  such  bank  is  located;  provided, 
also,  that  no  savings  bank  or  savings  department  shall  be  required  to  maintain  reserves 
on  hand  in  excess  of  four  hundred  thousand  dollars,  and  when  such  reserves  on  hand 
reach  that  amount,  the  balance  of  total  reserves  necessary  to  make  up  the  five  per 
centum  may  be  kept  as  reserves  on  deposit,  subject  to  call,  with  any  reserve  depositary 
provided  for  in  sections  twenty  and  forty-three  of  this  act. 

Reserves  of  member  of  federal  reserve  bank. 

Tf  any  bank  shall  have  become  a  member  of  a  federal  reserve  bank,  it  shall  at  all 
times  maintain  the  reserves  required  by  the  federal  reserve  act  for  time  deposits,  and 


1I»3  BANKS   AND   BANKING.  Act  409,  §§  GSVi-TO 

in  addition  thereto  shall  be  required  to  maintain  a  reserve  of  at  least  two  per  eentunri 
of  its  aggregate  deposits,  exclusive  of  United  States,  postal  savings,  state,  county  and 
municipal,  and  other  public  money  deposits,  which  are  secured  as  is  required  by  law, 
which  two  per  centum  shall  consist  of  gold  bullion,  or  any  form  of  money  or  currency 
authorized  by  the  laws  of  the  United  States. 

Failure  to  maintain  reserves. 

If  any  savings  bank  shall  fail  to  maintain  its  total  reserves  in  the  manner  authorized 
by  this  section,  it  shall  be  subject  to  the  penalty  provided  for  in  section  twenty  of  this 
act  for  commercial  banks. 

Dealings  with  commercial  banks. 

No  new  loan  shall  be  made  during  any  deficiency  in  the  total  reserves.  Deposits  with 
any  commercial  bank,  or  commercial  department  of  a  bank,  on  open  account,  as  pro- 
vided in  this  section,  shall  be  permitted  and  shall  not  be  construed  as  loans.  Not  more 
than  five  per  centum  of  the  deposits  of  any  savings  bank  shall  be  deposited  with  any  one 
bank,  except  with  the  consent  of  the  superintendent  of  banks.  Not  more  than  fifteen 
per  centum  of  the  deposits  of  any  savings  bank  shall  be  deposited  with  all  commercial 
banks,  except  with  the  consent  of  the  superintendent  of  banks.  No  savings  bank  or 
savings  department  shall  receive  deposits  of  other  banks  other  than  savings  deposits 
and  such  deposits  shall  not  be  treated  or  considered  as  a  part  of  the  reserves  on  deposit 
of  such  depositing  bank;  provided,  the  sum  so  deposited  shall  not  exceed  thirty  per 
centum  of  the  paid-in  capital  and  surplus  of  the  depositing  bank  nor  more  than  fifteen 
per  centum  of  the  paid-in  capital  and  surplus  of  the  depositary  bank.  [Amendment  of 
May  15, 1919.    In  effect  July  22, 1919.    Stats.  1919,  p.  647.] 

This  section  was  also  amended  April  21,  1911,  Stats.  1911,  p.  1007;  May  6,  1913,  Stats.  1913, 
p.  171;  June  3,  1915,  Stats.  1915,  p.  1125;  and  May  17,  1917,  Stats.  1917,  p.  611. 

Deposits  of  deceased  persons  may  remain  in  savings  banks. 

vj  681/^.  AVhere  a  decedent,  at  the  time  of  his  or  her  death,  left  moneys  on  deposit 
with  a  savings  bank,  it  shall  be  lawful  for  any  public  administrator,  who  shall  become 
the  administrator  of  the  estate,  to  allow  such  deposit  to  remain  in  said  savings  bank, 
and  also,  it  shall  be  lawful  for  him  to  deposit  therein  to  the  account  of  said  decedent, 
any  and  all  moneys  of  said  estate  not  required  for  the  current  expenses  of  administra- 
tion. Such  deposit,  whether  made  by  the  decedent  or  a  public  administrator,  shall 
relieve  the  public  administrator  from  depositing  the  same  with  the  county  treasurer. 
Moneys  so  deposited,  Avhether  by  the  decedent  or  by  a  public  administrator,  may  be 
drawn  upon  demand  without  notice,  upon  the  order  of  said  administrator,  countersigned 
by  a  judge  of  a  superior  court,  when  required  for  the  purpose  of  administration  or  other- 
wise.    [New  section  approved  April  21,  1911.    Stats.  1911,  p.  1007.] 

Savings  banks  to  be  conducted  under  provisions  of  this  act. 

^  69.  Every  savings  bank,  and  the  business  of  every  savings  department  of  every 
other  bank>  must  be  conducted  under  and  in  accordance  with  the  provisions  of  this  act. 

Power  to  receive  liberty  bonds. 

^  70.  Every  savings  bank  shall  have  power  to  receive  as  depositary,  or  as  bailee  for 
safe  keeping  and  storage,  liberty  bonds  or  other  bonds  or  securities  issued  by  the  United 
States  government  for  war  purposes  or  otherwise.  [New  section  added  May  15,  1919. 
In  effect  July  22,  1919.    Stats.  1919,  p.  648.J 


Gen.  Laws — 13 


Act  409,  §80  GE^NKRAL.   LAWS.  fl94 

AETICLE  ILL 
Commercial  Banks. 
S  80.    Loans. 

Without  Security. 

With  Security. 

Bills  of  Exchange.    Restrictions  Not  Applicable  To. 

Liberty  Bonds.     Restrictions  Not  Applicable  To. 

Computing  Liabilities  to  Bank. 
§  81.    Loans. 

Securities  of  Corporations. 
§  82.    Capital  Stock. 

Jm  Places  of  Not  More  Than  5000  Persons; 

In  Places  of  More  Than  5000  and  Not  Over  25,000  Persons; 

In  Places  of  More  Than  25,000  and  Not  Over  100,000  Persons; 

In  Places  of  More  Than  100,000  and  Not  Over  200,000  Persons; 

In  Places  of  Over  200,000  Persons. 
(  83.    Loans  To. 

Officer. 

Director,  Agent  or  Employee. 

Report  to  Superintendent  of  Banks. 

Penalty. 

Not  Applicable  to  Certain  Corporations,  Etc. 

Corporations,  Owned  or  Controlled  by  Directors. 
Consent  of  Superintendent  of  Banks. 

Directors,  etc.,  on  Security. 
§  84.     Investment  in  Building. 
§  85.    Funds  Deposited,  Limitation  Or. 

Loans  of  commercial  banks. 

§  80.  No  commercial  bank  shall  make  any  loans,  directly  or  indirectly,  to  any  person, 
firm,  copartnership  or  corporation,  in  an  amount  which,  including  therein  any  extension 
of  credit  to  such  person,  firm,  copartnership  or  corporation,  by  means  of  letters  of 
credit,  or  by  acceptance  of  drafts  for,  or  the  discount  or  purchase  of  the  notes,  bills  of 
exchange  or  other  obligations  of,  such  person,  firm,  copartnership  or  corporation,  shall 
exceed  the  following  percentage  of  its  capital  and  surplus : 

Without  security. 

1.  Ten  per  centum  without  security,  except  where  such  capital  stock  and  surplus 
is  not  more  than  twenty-five  thousand  dollars,  in  which  event  an  amount  not  to  exceed 
twenty  per  centum  of  such  capital  stock  and  surplus  may  be  loaned  without  security, 
and  where  such  capital  stock  and  surplus  is  greater  than  twenty-five  thousand  dollars 
and  does  not  exceed  fifty  thousand  dollars,  a  sura  not  exceeding  five  thousand  dollars 
may  be  loaned  without  security.  Nothing  herein  shall  prohibit  any  commercial  bank 
from  taking  or  receiving  any  kind,  character  or  amount  of  security  whatsoever,  either 
real  or  personal,  for  the  protection  of  any  loan  made  under  the  provisions  of  this  subdi- 
vision, but  no  such  loan  or  any  part  thereof  shall  be  considered  or  construed  as  a  secured 
loan  unless  the  whole  thereof  is  loaned  upon  security  worth  at  least  fifteen  per  centum 
more  than  the  amount  of  such  loan;  or, 

With  security. 

2.  Fifteen  per  centum,  in  addition  to  the  amount  that  may  be  loaned  under  the  pro- 
visions of  subdivision  one  of  this  section,  upon  security  worth  at  least  fifteen  per 
centum  more  than  the  amount  of  such  loan  so  secured;  provided,  the  total  amount 
which  can  be  loaned  under  subdivisions  one  and  two  hereof  can  not  exceed  twenty-five 
per  centum  in  all ;  provided,  however,  that  a  separate  note  or  notes  shall  be  taken  for  the 
unsecured  loans  and  a  separate  note  or  notes  shall  be  taken  for  the  securefl  loans,  and 
the  secured  and  unsecured  loans  shall  not  be  combined  in  any  way  within  one  note,  or 
notes;  or. 


lOU  BANKS   AXD  BANKIIVG.  Act  409.  §  80 

3.  Twenty-five  per  centum  upon  security  worth  at  least  fifteen  per  centum  mor< 
than  the  amount  of  its  loans  so  secured;  provided,  however,  that  when  secured  loana 
to  this  amount  or  any  amount  in  excess  of  fifteen  per  centum  are  made,  then  no 
unsecured  loans  shall  be  permitted  in  addition  to  such  secured  loans;  or, 

Restrictions  not  applicable  to  bills  of  exchange. 

4.  Forty  per  centum,  provided  such  loans  are  upon  commercial  or  business  paper 
actually  owned  by  the  person  negotiating  the  same  to  such  bank,  and  are  endorsed  by 
such  person  without  limitation;  provided,  however,  that  in  addition  to  the  amounts 
permitted  to  be  loaned  by  subdivisions  one,  two  or  three  of  this  section,  an  amount  may 
be  loaned  on  the  securities  fixed  by  subdivision  four  of  this  section,  which  taken  with 
the  amounts  so  permitted  by  said  subdivisions  one,  two  or  three  will  not  exceed  forty 
per  centum;  provided,  also  that  the  restrictions  under  this  section  shall  not  apply  to 
bills  of  exchange  or  drafts,  with  bills  of  lading  attached,  drawn  in  good  faith  against 
actual  existing  values;  provided,  further,  that  any  commercial  bank,  having  first 
obtained  in  writing  the  consent  of  the  superintendent  of  banks  so  to  do  and  under  such 
conditions  and  regulations  as  may  be  prescribed  by  him,  may  accept  drafts  or  bills 
of  exchange  drawn  upon  it  running  for  a  period  of  not  longer  than  six  months,  but  no 
commercial  bank  shall  accept  such  drafts  or  bills  of  exchange  in  an  amount  greater 
at  any  time  in  the  outstanding  aggregate  than  one-half  of  its  capital  and  surplus;  but 
such  acceptance  or  acceptances  must  be  drawn  by  a  person,  firm,  copartnership  or 
corporation  engaged  in  agricultural,  industrial  or  commercial  business  directly  con- 
nected with  the  production,  manufacture,  purchase,  sale  or  consignment  of  the  goods 
involved  in  the  transaction  in  which  the  acceptance  originated;  provided,  however,  that 
no  such  acceptance  or  acceptances  to  any  one  person,  firm,  copartnership  or  corporation 
shall  exceed  ten  per  centum  of  the  capital  and  surplus  of  such  bank. 

Restrictions  not  applicable  to  liberty  bonds. 

None  of  the  limitations  or  restrictions  contained  in  the  previous  subdivisions  of  thin 
section  shall  applj'^  to  loans,  discounts  or  other  extensions  of  credit  secured  by  liberty 
bonds  or  by  other  bonds  or  securities  issued  bj"^  the  United  States  government,  if  the 
market  value  of  such  libertj'  bonds  or  other  securities  exceeds  by  ten  per  centum  the 
amount  of  any  such  loan,  discount  or  other  extension  of  credit. 

Loans  which  are  made  upon  security  available  for  loans  in  a  savitigs  bank  may  be 
made  in  a  commercial  bank  upon  the  same  margin  of  security  as  is  permitted  to  savings 
banks  anything  in  this  section  to  the  contrary  notwithstanding,  and  all  such  loans  shall 
be  deemed  to  be  secured  loans  within  the  meaning  of  this  section. 

Computing  liabilities  to  commercial  banks. 

In  computing  the  total  liabilities  of  any  person  to  a  commercial  bank  there  shall 
be  included  all  liabilities  to  the  bank  of  any  coioartnership  or  unincorporated  associa- 
tion of  which  he  is  a  member,  and  any  loans  made  for  his  benefit  or  for  the  benefit  of 
such  copartnership  or  unincorporated  association;  of  any  firm,  copartnership  or  unin- 
coi^porated  association  to  a  commercial  bank  there  shall  be  included  all  liabilities  of  its 
individual  members  and  all  loans  made  for  the  benefit  of  such  copartnership  or 
unincorporated  association  or  any  member  thereof;  and  of  any  corporation  to  a  com- 
mercial bank  there  shall  be  included  all  loans  made  for  the  benefit  of  the  corporation. 
[Amendment  of  May  15,  1919.    In  effect  July  22,  1919.     Stats.  1919,  p.  649.] 

This  section  was  also  amended  April  21,  1911,  Stats.  1911,  p.  1014:  May  6,  1913,  Stata.  1913, 
p.  172;  June  3,  1915,  Stats.   1915,  p.  1126;  and  May  17.  1917,  Stats.  1917,  p.  611. 


Act  409,  §§  SI -82  GENERAL  LAWS.  196 

Loans;  securities  of  corporations. 

$  81.  No  loan  shall  be  made  by  any  commercial  bank  upon  the  securities  of  one  or 
more  corporations,  the  payment  of  which  is  undertaken,  in  whole  or  in  part,  severally, 
but  not  jointly,  by  two  or  more  individuals,  firms,  or  corporations : 

(a)  If  the  borrower  or  underwriters  be  obligated  absolutely  or  contingently  to  pur- 
chase the  securities,  or  any  of  them,  collateral  to  such  loan,  unless  the  borrowers  or 
underwriters  shall  have  paid  on  account  of  the  purchase  of  such  securities  an  amount 
in  cash,  or  its  equivalent,  equal  to  at  least  twenty-five  per  centum  of  the  several  amounts 
for  which  they  remain  obligated  in  completing  the  purchase  of  such  securities ; 

(b)  If  the  commercial  bank  making  such  loan  be  liable,  directly  or  indirectly,  or  con- 
tingently, for  the  repayment  of  such  loan  or  any  part  thereof; 

(c)  If  its  term,  including  any  renewal  thereof  by  agreement,  express  or  implied, 
exceed  the  period  of  one  year; 

(d)  Or  to  an  amount  under  any  circumstances  in  excess  of  twenty-five  per  centum 
of  the  capital  and  surplus  of  the  commercial  bank  making  such  loan. 

Capital  stock.    Not  applicable  to  existing  banks. 

$  82.  Every  commercial  bank  hereafter  organized  must  have  paid  up  in  cash  a  capital 
stock  of  not  less  than, 

(a)  Twenty-five  thousand  dollars  if  its  principal  place  of  business  is  located  in  any 
locality  the  population  of  which  does  not  exceed  five  thousand  persons; 

(b)  Fifty  thousand  dollars  if  its  principal  place  of  business  is  located  in  any  city  the 
population  of  which  is  more  than  five  thousand  persons  but  does  not  exceed  twenty-five 
thousand  persons; 

(c)  One  hundred  thousand  dollars  if  its  principal  place  of  business  is  located  in  any 
city  the  population  of  which  is  more  than  twenty-five  thousand  persons  but  does  not 
exceed  one  hundred  thousand  persons; 

(d)  Two  hundred  thousand  dollars  if  its  principal  place  of  business  is  located  in  any 
city  the  population  of  which  is  more  than  one  hundred  thousand  persons  but  does  not 
exceed  two  hundred  thousand  persons; 

(e)  Three  hundred  thousand  dollars  if  its  principal  place  of  business  is  located  in 
any  city  the  population  of  which  is  more  than  two  hundred  thousand  persons. 

The  foregoing  classification  shall  not  apply  to  any  commercial  bank  already  in  exist- 
ence which  has  received  its  certificate  to  do  a  banking  business  from  the  superintendent 
of  banks ;  nor  to  any  bank  the  location  of  which  shall  have  been  included  by  annexation 
or  consolidation  within  the  limits  of  a  city  of  a  class  requiring  a  larger  capitalization, 
but  no  bank  thus  excepted  shall  be  permitted  to  establish  any  new  branch  office  as 
provided  in  section  nine  of  this  act  or  to  remove  its  place  of  business  from  the  original 
limits  of  the  city  or  township  wherein  it  was  located  prior  to  such  annexation  or  con- 
solidation until  it  shall  have  the  capital  required  of  banks  in  such  city  not  within  said 
exception.  Such  excepted  banks  may  not  in  any  case  decrease  their  capital  stock  but 
may  increase  the  same  in  the  manner  provided  by  law  to  an  amount  either  greater  or 
less  than  that  required  of  banks  in  such  city  not  within  said  exception;  provided,  that 
nothing  herein  shall  be  construed  to  affect  the  provisions  of  section  nineteen  of  this  act 
relative  to  the  proportion  of  capital  and  surplus  to  deposits  or  of  section  twenty-three 
of  this  act  relative  to  the  capital  stock  required  of  banks  doing  a  departmental  business. 
The  provisions  of  section  twenty-three  of  this  act,  as  to  population,  shall  apply  to  any 
bank  organized  under  the  provisions  of  this  section.  [Amendment  approved  May  6, 
1913.    Stats.  1913,  p.  173.] 

This  section  was  also  amended  April  21,  1911,  Stats.  1911,  p.  1014. 


197  BANKS   AXD   BANKING.  Act  409,  g  83 

Loans  to  officer  of  commercial  bank.    Loans  to  director,  agent  or  employee.    Credit  to 
directors,  etc.    Report  to  superintendent  of  banks.    Penalty. 

§  83.  No  loan  shall  be  made  for  himself  or  as  agent  or  partner  of  another,  directly 
or  indirectly,  to  any  officer  of  any  commercial  bank  by  such  bank  or  on  the  endorse- 
ment, surety,  or  guaranty  of  any  such  officer;  provided,  that  a  loan  may  be  made  to 
a  corporation  of  which  any  officer  of  a  commercial  bank,  proposing  to  make  such  loan, 
is  a  minority  stockholder,  director,  officer,  agent  or  employee.  Loans  to  anj'  director, 
agent  or  employee  other  than  an  officer,  or  to  any  firm,  copartnership  or  corporation 
of  which  any  director,  agent  or  employee  other  than  an  officer  is  a  member,  stock- 
holder, director,  officer,  agent  or  other  employee,  or  to  any  person,  firm,  copartnership 
or  corporation  on  the  endorsement,  surety,  or  guaranty  of  any  such  director  other  than 
an  officer,  agent  or  other  emploj^ee,  can  be  made  by  any  commercial  bank;  and  pro- 
vided, further,  that  a  loan  may  be  made  or  a  line  of  credit  may  be  given  to  any  member 
of  an  advisory  board  or  body  of  a  commercial  bank,  not  otherwise  an  officer  of  such 
bank,  or  a  loan  may  be  made  to  any  firm,  copartnership  or  corporation  of  which  any 
member  of  such  advisory  board  or  body  is  a  member,  stockholder,  director,  officer,  agent 
or  other  employee,  or  to  any  person,  firm,  copartnership,  or  corporation  on  the  endorse- 
ment, surety,  or  guaranty  of  any  such  member  of  such  advisory  board  or  body  upon 
such  conditions  as  are  herein  fixed  for  a  loan,  directly  or  indirectly,  or  a  line  of  credit 
and  the  report  thereof  to  any  director  of  such  bank.  Loans  herein  authorized  can  be 
made  only  on  authorization  of  or  confirmation  within  thirty  days  after  making  such 
loan,  by  a  majority  of  all  the  directors  of  such  bank  and  the  affirmative  vote  of  all 
directors  of  such  bank  present  at  the  meeting  authorizing  or  confirming  such  loan. 
Such  interested  director  shall  not  vote  or  participate  in  any  manner  in  the  action  of 
the  board  on  such  loan;  provided,  that  by  and  with  the  consent  of  the  superintendent 
of  banks  previously  obtained  in  writing,  all  directors  may  vote  upon  such  a  loan  made 
by  one  bank  to  another  bank  where  the  entire  capital  stock  of  one  is  owned  by  or  held 
in  trust  for  the  stockholders  of  the  other  bank  and  where  all  or  a  majority  of  the  board 
of  directors  of  each  of  said  banks  are  composed  of  the  same  persons.  The  board  of 
directors  of  any  such  bank  may  fix  the  total  amount  of  credit  that  may  at  any  one  time 
during  the  twelve  months  next  succeeding  be  given  to  any  director,  agent,  or  other 
employee,  other  than  an  officer,  or  to  anj'  firm,  copartnership,  or  corporation  in  which 
any  director,  agent,  or  other  employee  other  than  an  officer  is  a  member,  stockholder, 
director,  officer,  agent  or  other  emploj^ee  or  to  any  corporation  of  which  any  officer  of 
a  commercial  bank,  proposing  to  fix  such  total  amount  of  credit,  is  a  minority  stock- 
holder, director,  officer,  agent  or  employee,  and  any  or  all  loans  made  within  or  up  to 
the  total  amount  of  such  authorized  credit  may  at  any  time  during  said  twelve  months 
be  renewed  from  time  to  time,  in  whole  or  in  part,  by  the  officers  of  the  bank  without 
any  further  vote  or  action  on  the  part  of  the  board  of  directors.  Each  such  authoriza- 
tion shall  be  entered  upon  the  records  or  minutes  of  said  bank.  No  director  shall  vote 
or  participate  in  any  manner  in  such  action  of  the  board  fixing  the  total  amount  of 
credit  that  may  at  any  one  time  be  given  to  himself  or  to  any  firm,  copartnership  or 
corporation  in  which  he  is  a  member,  stockholder,  director,  officer,  agent  or  other 
employee.  The  fact  of  making  such  loan,  the  names  of  the  directors  authorizing  such 
loan,  the  name  of  the  director,  agent  or  employee,  obtaining  such  loan,  or  the  name 
of  the  firm,  copartnership  or  corjioration  in  which  such  director,  agent  or  employee  is 
interested,  or  the  name  of  the  corporation,  of  which  any  officer  of  a  commercial  bank 
is  a  minority  stockholder,  director,  officer,  agent  or  employee,  obtaining  such  loan,  the 
amount  of  such  loan,  the  rate  of  interest  thereon,  the  time  when  the  loan  will  become 
due,  the  amount,  character  and  value  of  security  given  therefor,  if  any,  and  the  fact 
of  final  payment  when  made  shall  forthwith  be  reported  in  writing  by  the  cashier  or 
secretarv  of  such  bank  to  the  superintendent  of  banks.     In  case  a  loan  is  made  to  a 


Act  409,  §  84, 85  GENERAL   LAWS.  198 

corporation  there  shall  be  reported  in  the  same  manner  the  name  of  each  director  and 
officer  of  such  bank  who  is  a  member,  stockholder,  director,  officer  or  employee  of  such 
borrowing  corporation  and  the  amount  of  stock  held  by  him  in  such  borrowing  corpora- 
tion. All  the  provisions  of  this  section  relating  to  reports  shall  apply  to  the  granting  of 
credit  and  all  loans  made  under  any  credit  given  and  payments  made  thereon  shall  also 
be  reported  immediately  after  the  same  is  made.  In  case  of  a  loan  made  without  the 
previous  authorization  of  the  directors,  the  fact  of  making  such  loan  shall  forthwith  be 
reported  and  the  action  of  the  board  of  directors,  in  confirming  or  refusing  to  confirm 
such  loan  within  thirty  days  thereafter,  and  the  fact  of  final  payment  when  made  shall 
be  reported  in  the  same  manner  as  herein  required  for  loans  made  under  previous 
authorization.  Any  officer,  director,  agent,  or  employee  of  a  commercial  bank,  who 
knowingly  procures  a  loan  from  such  commercial  bank  contrary  to  the  provisions  of 
this  section,  shall  be  guilty  of  a  felony.  In  case  of  the  neglect  or  failure  of  the  secre- 
tary or  cashier  of  any  such  bank  to  report  to  the  superintendent  of  banks,  as  herein 
provided,  any  of  the  facts  so  required  to  be  reported,  or  in  case  of  the  neglect  or 
failure  of  the  secretary  or  cashier  of  any  such  bank  to  report  to  the  superintendent  of 
banks  any  loan  made  contrary  to  the  provisions  of  this  section,  the  bank  shall  be  liable 
therefor  and  shall  forfeit  to  tlie  people  of  the  state  of  California  twenty-five  dollars 
per  day  for  each  day,  or  part  thereof,  during  which  such  neglect  or  failure  continues. 

Not  applicable  to  what  corporations. 

This  section  shall  not  apply  to  any  loan  made  to  a  religious  corporation,  club,  or 
other  membership  corporation  of  which  one  or  more  directors,  officers,  agents  or 
employees  of  such  commercial  bank  may  be  members  or  officers  but  in  which  they  have 
no  financial  interest. 

Loan  to  corporation  owned  or  controlled  by  directors. 

No  loan  may  be  made  to  any  corporation,  a  majority  of  the  stock  of  which  is  owned 
or  controlled  by  any  one  or  more  of  the  directors  or  officers  of  such  commercial  bank, 
except  with  the  previous  consent  of  the  superintendent  of  banks. 

Loans  to  directors,  etc.,  on  security. 

Loans  may  be  made  to  any  director,  other  than  an  officer,  directly  or  indirectly,  or 
to  any  agent  or  employee  of  a  commercial  bank,  on  the  security  of  United  States  bonds. 
United  States  treasury  certificates,  or  interest-bearing  notes,  or  obligations  of  the 
United  States,  or  those  for  which  the  faith  and  credit  of  the  United  States  are  pledged 
for  repayment  of  principal  or  interest,  or  those  issued  under  authority  of  the  United 
States,  notwithstanding  anything  in  this  section  contained,  and  such  loans  may  be  made 
in  the  usual  manner  of  making  loans  in  which  no  director  of  such  bank  is  interested. 
[Amendment  of  May  15,  1919.    In  effect  July  22,  1919.    Stats.  1919,  p.  650.] 

This  section  was  also  amended  April  21,  1911,  Stats.  1911,  p.  1015;  May  6,  1913,  Stats.  1913, 
p.  174;  June  3,  1915,  Stats.  1915,  p.  1127;  and  May  17,  1917,  Stats.  1917,  p.  613. 

Investment  in  building. 

§  84.  No  commercial  bank  shall  invest  an  amount  exceeding  its  paid-up  capital  and 
surplus  in  the  lot  and  building  in  which  the  business  of  the  bank  is  carried  on,  furniture 
and  fixtures,  vaults  and  safe  deposit  vaults  and  boxes  necessary  or  proper  to  carry  on 
its  banking  business ;  and  hereafter  the  authority  of  a  two-thirds  vote  of  all  the  directors 
shall  be  necessary  to  authorize  the  purchase  of  such  lot  and  building  or  the  construc- 
tion of  such  building.     [Amendment  approved  May  6,  1913.     Stats.  1913,  p.  175.] 

This  section  was  added  to  the  act  April  21,  1911,  Stats.  1911,  p.  1016. 

Limitation  on  funds  deposited  by  commercial  bank. 

§  85.  The  superintendent  of  banks  shall  have  power  to  limit  the  amount  of  funds 
that  may  be  deposited  by  any  commercial  bank  with  any  other  commercial  bank. 
[New  section  added  June  3,  19.15.    In  effect  August  8,  1915.     Stats.  1915,  p.  1129.] 


199  BANKS   AND   BANKING.  Act  409.  §  9« 


ARTICLE  rv. 
Trust  Companies, 
S  90.     Tetjst  Companies. 
Qualifications. 
Deposits,  May  Receive. 
Segregation  of  Capital  and  Surplus. 

In  Cities  of  Less  Than  100,000  Persons; 
In  Cities  of  More  Than  100,000  Persona. 
Separate  Kinds  of  Capital. 
Oath  May  Be  Taken  by  OflScer  For. 
As  Member  of  Federal  Reserve  Bank. 
Foreign  Corporation,  Authority  Of. 
§  91.    Deposit  of  Trust  Funds  by  Executor. 
§  92.    Deposit  of  Trust  Funds  by  Public  Administeatob, 
§  93.    Court  May  Order  Deposit. 
§  94.    No  Bond  Required. 
§  95.    Interest  on  Deposits. 
§  96.    Security  Deposit  With  State  Treasurer. 
In  Place  Not  Over  100,000  Persons; 
In  Place  Over  100,000  Persons. 
Securities. 

Approval  of  Superintendent  of  Banks. 
Exchange  Of. 
§  97.     Mortgage  of  Building. 

§  98.     Trust  Funds,  Requirements  as  to  Deposits  Or, 
Securities,  Deposit  of  With  State  Treasurer. 
When  Trust  Fund  Amounts  to  $500,000; 
When  Trust  Fund  Amounts  to  $1,000,000. 
Treasurer's  Receipt. 
"Trust  Funds,"  Defined. 
Penalty  for  Non-Compliance. 

Validity  of  Act  Not  Affected  by  Non-Compliance. 
§  99.    Securities. 

Evidence  of  Title  to  Accompany. 
Fees  to  Be  Paid  by  Company. 
§  100.     Repealed. 
§  101.     Classification. 
Court  Trust. 
Private  Trust. 

When  Court  Trust  Deemed  to  Include. 
Inspection  and  Supervision. 

Private  Trusts  Not  Subject  To. 
Report  to  Superintendent  or  Banks. 
Money  in  Escrow. 
§  102.    Discontinuance  of  Trust  Business. 

§  103.    Communications  and  Writings  as  to  Private  Trust. 
Inviolability  Of. 
Exceptions. 
§  104.     Repealed. 
§  105.     Investment  of  Capital. 

§  106.    Trust  Company  Doing  Commercial  or  Savings  Bank  Business. 
§  107.    Departmental  Business  as  Title  Insurance  and  as  Trust  Compant, 

Trust  companies.    May  receive  deposits.    Segregation  of  capital  and  surplus  in  cities 
of  less  than  100,000.    In  cities  of  more  than  100,000.    Separate  kinds  of  capital.    Oath 
may  be  taken  by  officer. 
§  90.     Any  corporation  which  has  been  or  shall  be  incorporated  under  the  laws  of  this 

state,  -wbich  is  authorized  by  its  articles  of  incorporation  to  act  as  executor,  adminis- 


Act  40!),  goo  GEXERAL,    LAWS.  200 

trator,  guardian  of  estates,  assignee,  receiver,  depositary  or  trustee,  under  appointment 
of  any  court  or  by  authority  of  any  law  of  this  state,  or  as  trustee  for  any  purpose 
permitted  by  law,  which  has  its  principal  place  of  business  in  a  city  in  which  the 
poi^ulation  does  not  exceed  one  hundred  thousand  persons  and  which  has  a  capital  of 
not  less  than  one  hundred  thousand  dollars  actually  paid  in,  in  cash,  assigned 
to  or  available  for  the  purpose  of  conducting  business  in  any  such  capacity,  or  trust 
business  of  any  character  permitted  by  law,  and  which  has  made  with  the  state  treasurer 
the  deposit  of  money  or  securities  of  the  character  and  in  the  amount  required  by  the 
terms  of  section  ninety-six  of  this  act,  and  which  has  received  from  the  superintendent 
of  banks  the  certificate  of  authority  required  by  the  terms  of  section  one  hundred 
twenty-seven  of  this  act,  to  transact  such  business,  and  any  corporation  which  has  been 
or  shall  be  incorporated  under  the  laws  of  this  state,  which  is  authorized  by  its  articles 
of  incorjDoration  to  act  as  executor,  administrator,  guardian  of  estates,  assignee, 
receiver,  depositary  or  trustee,  under  appointment  of  any  court  or  by  authority  of  any 
law  of  this  state,  or  as  trustee  for  any  purpose  permitted  by  law,  which  has  its  prin- 
cipal place  of  business  in  a  city  in  which  the  population  exceeds  one  hundred  thousand 
persons  and  which  has  a  capital  of  at  least  two  hundred  thousand  dollars  actually  paid 
in,  in  cash,  assigned  to  or  available  for  the  purpose  of  conducting  business  in  any  such 
capacity,  or  trust  business  of  any  character  permitted  by  law,  and  which  has  made  with 
the  state  treasurer  the  deposit  of  money  or  securities  of  the  character  and  in  the  amount 
required  by  the  terms  of  section  ninety-six  of  this  act,  and  which  has  received  from  the 
Superintendent  of  banks  the  certificate  of  authority  reqxiired  by  the  terms  of  section 
one  hundred  twenty-seven  of  this  act,  to  transact  such  business,  may  act,  or  may  be 
appointed  by  any  court  to  act,  in  any  such  capacity  in  like  manner  as  an  individual  and 
when  so  qualified  shall  be  known  as  a  trust  company.  Any  such  trust  company  may, 
as  provided  in  this  act,  accept  or  receive  any  deposit  of  money  or  personal  property 
authorized,  directed  or  permitted  to  be  made  Avith  any  such  corporation  by  any  court 
or  law  of  this  state,  and  may  accept  and  execute  any  trust  provided  for  in  this  act, 
or  permitted  by  any  law  of  this  state,  to  be  taken,  accepted  or  executed  by  an  individual. 
Any  such  trust  company,  if  located  in  a  city  the  population  of  which  does  not  exceed 
one  hundred  thousand  persons  must  segregate  that  portion  of  its  capital  and  surplus 
assigned  to  or  available  for  its  trust  business  and  must  apportion  and  set  aside  at 
least  fifty  thousand  dollars  of  such  paid-up  capital  as  security  for  the  faithful  per- 
formance and  execution  of  all  private  trusts  accepted  by  it  and  must  also  apportion 
and  set  aside  at  least  fifty  thousand  dollars  of  such  paid-up  cajjital  as  security  for  the 
faithful  performance  and  execution  of  all  court  trusts  accepted  by  it  and  whenever  such 
trust  company  shall,  under  the  provision  of  sections  ninety-six  and  ninety-eight  of  this 
act,  be  required  to  make  the  first  additional  deposit  of  securities  with  the  state  treas- 
urer, such  trust  company  must  also  apportion  and  set  aside  an  additional  fifty  thousand 
dollars  of  paid-up  capital  as  security  for  the  faithful  performance  and  execution  of 
all  private  trusts  accepted  by  it  and  must  also  apportion  and  set  aside  an  additional 
fifty  thousand  dollars  of  paid-up  capital  as  security  for  the  faithful  performance  and 
execution  of  all  court  trusts  accepted  by  it,  and  any  such  trust  company,  if  located 
in  a  city,  the  population  of  which  exceeds  one  hundred  thousand  persons,  must  segre- 
gate that  portion  of  its  capital  and  surplus  assigned  to  or  available  for  its  trust  business 
and  must  apportion  and  set  aside  at  least  one  hundred  thousand  dollars  of  such  paid-up 
capital  as  security  for  the  faithful  performance  and  execution  of  all  private  trusts 
accepted  by  it  and  must  also  apportion  and  set  aside  at  least  one  hundred  thousand 
dollars  of  such  paid-up  capital  as  security  for  the  faithful  performance  and  execution 
of  all  court  trusts  accepted  by  it;  provided,  that  no  such  trust  company  shall  at  any 
time  be  required  to  apportion  and  set  aside  any  portion  of  its  surplus  as  secux'ity  for  the 
faithful  performance  and  execution  of  such  private  trusts,  nor  shall  it  be  prohibited 
from  so  doing;  and  provided,  further,  that  the  respective  amounts  of  capital  or  capital 


201  BANKS  A^'D  BANKIIVG.  Act  409.  8  90 

and  surplus  so  apportioned  and  set  aside  shall  be  treated  in  all  respects  as  the  separate 
capital  or  capital  and  surplus  of  each  respective  kind  or  class  of  business,  as  though 
the  same  were  conducted  by  separate  and  distinct  corporations,  and  each  shall  be  kept, 
held,  used  and  disposed  of  wholly  for  the  exclusive  benefit,  protection  and  security  of 
the  respective  classes  of  trust  business  to  which  the  same  were  respectively  so  appor- 
tioned and  set  aside.  In  all  cases  in  which  it  is  required  that  an  executor,  administrator, 
guardian  of  estates,  assignee,  receiver,  depositary  or  trustee,  shall  qualify  by  taking 
and  subscribing  an  oath,  or  in  which  an  affidavit  is  required,  it  shall  be  a  sufficient 
qualification  by  such  corporation  if  such  oath  be  taken  and  subscribed  or  such  affidavit 
be  made  by  the  president,  vice  president,  secretary,  manager,  trust  officer,  assistant 
trust  officer  or  regularly  employed  attorney  thereof,  and  such  officer  or  employee  shall 
be  liable  for  the  failure  of  such  trust  company  to  perform  any  of  the  duties  required 
by  law  to  be  performed  by  an  individual  acting  in  like  capacity  and  subject  to  like 
penalties;  provided,  any  such  appointment  as  guardian  shall  apply  to  the  estate  only, 
and  not  to  the  person. 

Trust  company  as  member  of  federal  reserve  bank. 

Any  trust  company  upon  becoming  a  member  of  a  federal  reserve  bank  is  authorized 
and  empowered: 

To  continue  to  administer,  execute,  enjoy  and  exercise  all  court  and  private  trusts  as 

defined  in  the  bank  act,  powers,  rights,  privileges,  and  other  fiduciary  relations,  appoint- 
ments and  business  it  may  have  at  the  time  of  becoming  such  trust  company  member, 
and  also  to  take,  execute  and  administer  all  new  court  and  private  trusts  as  defined  in  said 
bank  act,  including  the  right  to  the  appointment  of  all  fiduciary  capacities  in  which  it 
may  be  named  in  wills  theretofore  and  thereafter  executed  and  probated,  and  other 
appointments,  powers,  privileges  and  business,  of  every  kind  and  nature,  as  may  be  then 
or  thereafter  permitted  to,  but  subject  to  the  same  requirements  and  limitations  as  may 
be  imposed  upon  any  corporation  under  all  of  the  provisions  of  the  bank  act. 

To  hold,  administer,  execute,  and  in  all  respects  generally  handle,  manage  and  dis- 
pose of,  without  charge,  restriction,  limitation  or  impairment  of  any  nature,  all  of  its 
investments,  rights,  interests,  titles  to  property,  contractual,  legal  and  other  rights, 
obligations  or  liabilities,  of  every  kind  or  nature,  court  and  private  trusts  as  defined 
in  the  bank  act,  and  other  powers  which  it  may  be  then  permitted  to  exercise  by  law. 

Authority  of  foreign  corporation  as  trustee. 

A  foreign  corporation  may  be  authorized  to  act  in  this  state  as  trustee  for  the  follow- 
ing purposes: 

(1)  To  deliver  bonds,  and  receive  payment  therefor. 

(2)  To  deliver  permanent  bonds  in  exchange  for  temporary  bonds  of  the  same  issue. 

(3)  To  deliver  refunding  bonds  in  exchange  for  those  of  a  prior  issue  or  issues. 

(4)  To  register  bonds,  or  to  exchange  registered  bonds  for  coupon  bonds,  or  coupon 
bonds  for  registered  bonds. 

(5)  To  pay  interest  on  such  bonds,  and  to  take  up  and  cancel  coupons  representing 
such  interest  payments. 

(6)  To  redeem  and  cancel  bonds  when  called  for  redemption,  or  to  pay  and  cancel 
bonds  when  due. 

(7)  The  certification  of  registered  bonds  for  the  purpose  of  exchanging  registered 
bonds  for  coupon  bonds. 

(8)  To  act  as  trustee  under  any  mortgage,  deed  of  trust,  or  other  instrument  secur- 
ing notes  or  bonds  issued  by  any  corporation.  [Amendment  of  May  15,  1919.  In  effect 
July  22,  1919.    Stats.  1919,  p.  G53.] 

This  section  was  also  amended  May  6,  1913,  Stats.  1913,  p.  175;  and  June  3,  1917,  Stats. 
1917,  p.  615. 


Act  409, 8§  91-95  GENERAL   LAWS.  202 

Deposit  of  trust  funds  "by  executor,  etc. 

$  91.  Any  court  having  jurisdiction  of  any  executor,  administrator,  guardian,  assignee, 
receiver,  depositary  or  trustee,  upon  tlie  application  of  any  such  oJBficer  or  trustee,  or 
upon  the  application  of  any  person  having  an  interest  in  the  estate  or  property  admin- 
istered by  such  officer  or  trustee,  after  such  notice  to  the  other  parties  in  interest  as  the 
court  may  direct,  and  after  a  hearing  upon  such  application,  may  authorize  such  officer 
or  tnistee  to  deposit  any  moneys  then  in  his  hands,  or  which  may  come  into  his  hands 
thereafter,  until  the  further  order  of  said  court,  with  any  such  trust  company,  and  upon 
deposit  of  such  money,  and  its  receipt  and  acceptance  by  such  trust  company,  the  said 
officer  or  trustee  shall  be  discharged  from  further  care  or  responsibility  therefor.  Such 
deposit  shall  be  paid  out  only  upon  the  order  of  said  court.  [Amendment  approved 
May  6,  1913.    Stats.  1913,  p.  178.] 

Deposit  of  trust  funds  by  public  administrator. 

$  92.  Any  public  administrator  may  deposit  any  or  all  moneys  of  any  estate  upon 
which  he  is  administering,  not  required  for  the  current  expenses  of  such  administration, 
with  any  such  trust  company  having  its  principal  place  of  business  in  the  county,  or 
city  and  county  in  which  he  is  acting  as  such  administrator.  Any  court  having  juris- 
diction of  an  estate  being  administered  by  a  public  administrator,  may  direct  such 
administrator  to  deposit  all  or  any  part  of  the  moneys  of  said  estate  with  any  such  trust 
company.  Such  deposit  shall  relieve  the  public  administrator  from  depositing  with  the 
county  treasurer  the  moneys  so  deposited  with  such  trust  company.  Moneys  so  depos- 
ited by  a  public  administrator  may  be  drawn,  upon  the  order  of  such  administrator, 
countersigned  by  a  judge  of  the  superior  court,  when  required  for  the  purposes  of 
administration,  or  otherwise.     [Amendment  approved  May  6, 1913.    Stats.  1913,  p.  178.] 

Court  may  order  deposit. 

§  93.  Any  court  having  jurisdiction  of  any  estate  in  process  of  administration,  or  any 
other  proceeding,  may,  on  application  of  any  person  interested  therein,  or  the  person 
who  has  been  selected  by  said  court,  or  a  judge  thereof,  as  executor,  administrator, 
guardian,  assignee,  receiver,  depositary  or  trustee,  after  such  notice  to  the  parties  in 
interest  as  the  court  shall  direct,  or  without  notice  if  all  parties  in  interest  consent 
thereto,  and  a  hearing  on  such  application,  order  any  executor,  administrator,  guardian, 
assignee,  receiver,  depositary  or  trustee  so  selected  or  appointed,  whether  such  person 
has  duly  qualified  or  not  to  deposit  with  any  such  trust  company,  for  safekeeping,  such 
portion  or  all  of  the  personal  assets  of  said  estate  as  the  court  shall  deem  proper,  and 
upon  such  deposit  being  made,  the  court  shall  by  an  order  of  record  reduce  the  bond  to 
be  given  or  theretofore  given  by  such  officer  or  trustee,  so  as  to  cover  only  the  estate 
remaining  in  the  hands  of  said  officer  or  trustee;  and  the  property  so  deposited  shall 
thereupon  be  held  by  such  trust  company,  under  the  order  and  direction  of  said  court. 
[Amendment  approved  May  6,  1913.    Stats.  1913,  p.  178.] 

No  bond  required. 

^  94.  Such  trust  company  shall  not  be  required  to  give  any  bond  or  security  in  case 
of  any  appointment  or  deposit  of  moneys  or  other  personal  assets  hereinbefore  pro- 
vided for,  except  as  provided  in  this  act,  but  shall  be  responsible  for  all  investments 
which  shall  be  made  by  it  of  the  funds  which  may  be  entrusted  to  it  for  investment  by 
such  court,  and  shall  be  liable  to  the  same  extent  as  an  individual,  and  as  hereinafter 
provided.     [Amendment  approved  May  6, 1913.    Stats.  1913,  p.  179.] 

Interest  on  deposits. 

^  95.  Such  trust  company  shall  pay  interest  upon  all  moneys  so  deposited  with  it  at 
such  rate  as  may  be  agreed  upon  at  the  time  of  its  acceptance  of  any  such  deposit,  or  as 


203  BAXKS  AXD  BAXKING.  Act  409,  §  96 

shall  be  provided  bj'  the  order  of  court  and  agreed  to  by  such  trust  company.     [Amend- 
ment approved  May  6,  1913.    Stats.  1913,  p.  179.] 

Security  deposit  with  state  treasurer.     Securities  acceptable. 

^  96.  Any  such  trust  company,  if  its  principal  place  of  business  is  situated  in  a  city 
the  population  of  which  does  not  exceed  one  hundred  thousand  persons,  before  accept- 
ing any  such  appointment  or  deposit,  shall  deposit  with  the  state  treasurer,  as  herein 
provided,  at  least  fifty  thousand  dollars  as  security  for  the  faithful  performance  and 
execution  of  all  court  trusts  accepted  by  it,  and  shall  also  deposit  with  the  state 
treasurer  at  least  fifty  thousand  dollars  as  security  for  the  faithful  performance  and 
execution  of  all  private  trusts  accepted  by  it;  and  whenever  any  such  trust  company 
shall  under  the  provisions  of  section  ninety-eight  of  this  act  be  required  to  make  the 
first  additional  deposit  of  securities  with  the  state  treasurer  such  trust  company  must 
also  deposit  with  the  state  treasurer  an  additional  fifty  thousand  dollars  as  security  for 
the  faithful  performance  and  execution  of  all  private  trusts  accepted  by  it;  and  any 
trust  company  if  its  principal  place  of  business  is  situated  in  a  city  the  population  of 
which  exceeds  one  hundred  thousand  persons,  before  accepting  any  such  appointment 
or  deposit,  shall  deposit  with  the  state  treasurer,  as  herein  provided  at  least  one  hun- 
dred thousand  dollars,  as  security  for  the  faithful  performance  and  execution  of  all 
court  trusts  accepted  by  it,  and  shall  also  deposit  with  the  state  treasurer  at  least  one 
hundred  thousand  dollars  as  security  for  the  faithful  performance  and  execution  of  all 
private  trusts  accepted  by  it.  Any  such  deposit  may  be  made  either  in  lawful  money 
of  the  United  States,  or  in  securities  of  either  or  any  of  the  following  classes: 

(a)  Bonds  issued  by  the  United  States  or  bj'^  this  state  or  by  any  county,  city  and 
county,  city  or  school  district  of  this  state,  or  bonds  of  any  irrigation  district  such  as 
are  legal  for  investment  by  savings  banks; 

(b)  Bonds  for  the  payment  of  which  the  faith  and  credit  of  the  United  States  or  of 
this  state  are  pledged; 

(c)  Notes  or  bonds  secured  by  mortgage  or  deed  of  trust  constituting  a  first  lien  on 
improved  and  productive  real  estate  in  the  state  of  California;  such  imj^roved  real 
estate  being  worth  at  least  double  the  amount  of  such  lien. 

(d)  Notes  or  bonds  secured  by  mortgage  or  deed  of  trust,  payment  of  which  ia 
guaranteed  by  a  policy  of  mortgage  insurance,  and  mortgage  participation  certificates, 
issued  by  a  mortgage  insurance  company  in  accordance  with  the  provisions  of  chapter 
VIIT  of  title  II  of  part  IV  of  division  first  of  the  Civil  Code;  provided,  that  such  notes 
or  bonds  shall  constitute,  and  such  mortgage  participation  certificates  shall  evidence  the 
ownership  of,  or  participation  in,  notes  or  bonds  which  constitute,  a  first  lien  on 
improved  and  productive  real  estate  in  the  state  of  California,  such  improved  real  estate 
being  worth  at  least  double  the  amount  of  such  lien. 

Approval  by  superintendent  of  banks.     Exchange  of  securities. 

Such  money  or  securities  shall  be  first  approved  by  the  superintendent  of  banks  and, 
upon  his  written  order,  deposited  with  the  state  treasurer  for  the  respective  purposes 
herein  specified,  and  said  treasurer  shall  give  his  receipt  therefor,  and  thereafter,  sub- 
ject to  the  provisions  of  this  act,  shall  hold  such  deposits  of  money  or  securities 
separately,  each  for  the  sole  benefit  of  the  beneficiaries  of  the  class  of  trust  business, 
for  the  security  and  protection  of  which  the  same  was  deposited,  and  said  treasurer 
shall  give  his  receipt  therefor  and  the  state  shall  be  responsible  for  the  custody  and 
safe  return  of  any  money  or  securities  so  deposited.  Said  securities  or  money  so 
deposited  may  with  the  approval  of  the  superintendent  of  banks,  be  withdrawn  or 
exchanged  from  time  to  time  for  other  like  securities,  or  lawful  money,  receivable  as 
aforesaid,  and  so  long  as  the  trust  company  so  depositing  said  money  or  securities 
shall  continue  solvent,  it  shall  have  the  right  and  shall  be  permitted  by  the  state  treas- 


Act  409,  g§S7, 98  GENERAL.   LAWS.  204 

urer  to  receive  the  interest  and  dividends  on  any  securities  so  deposited.  Said  securi- 
ties and  money  shall  be  subject  to  sale  and  transfer,  and  to  the  disposal  of  the  proceeds 
by  said  treasurer,  only  on  the  order  of  a  court  of  competent  jurisdiction  and  for  the 
benefit  respectively  of  the  beneficiaries  of  that  class  of  trust  business  for  the  security 
and  protection  of  which  the  same  were  deposited.  [Amendment  of  June  3,  1915.  In 
effect  August  8,  1915.    Stats.  1915,  p.  1129.] 

This  section  was  also  amended  April  21,  1911,  Stats.  1911,  p.  1016;  and  May  6,  1913,  Stats. 
1913,  p.  179. 

Mortgage  of  building. 

^  97.  Any  such  trust  company,  having  a  capital  and  surplus  of  two  hundred  thousand 
dollars  or  more  apportioned  and  set  aside  as  security  for  the  faithful  performance  and 
execution  of  all  court  trusts  accepted  by  it,  as  provided  in  this  act,  and  which  is  wholly 
or  in  part  invested  in  the  lot  and  building  in  which  its  business  is  carried  on,  may  be 
permitted  by  the  superintendent  of  banks  to  mortgage  such  lot  and  building  to  the  state 
treasurer  for  such  sum,  up  to  its  full  market  value,  as  the  superintendent  of  banks  may 
determine,  and  such  mortgage  may  be  deposited  with  said  treasurer,  and  when  so  depos- 
ited it  shall  be  included  in  the  amount  of  securities  herein  required  to  be  deposited  with 
said  treasurer  as  security  for  the  faithful  performance  of  all  such  court  trusts. 
[Amendment  approved  May  6,  1913.    Stats.  1913,  p.  180.] 

When  trust  funds  amount  to  $500,000.    When  trust  funds  amount  to  $1,000,000.    Treas- 
urer's receipt.    "Trust  funds."    Penalty.    Withdrawal  of  securities.    Validity  of  act. 

§  98.  Whenever  any  trust  company,  the  principal  place  of  business  of  which  is 
located  in  a  city  the  population  of  which  does  not  exceed  one  hundred  thousand  persons, 
receives  from  court  trusts  accepted  by  it,  trust  funds,  as  herein  defined,  to  the  amount 
of  five  hundred  thousand  dollars,  it  shall  forthwith  notify  in  writing  the  superintendent 
of  banks  of  such  fact,  and  within  thirty  days  thereafter  shall  deposit  with  the  state 
treasurer  additional  money  or  securities  of  the  character  mentioned  and  defined  in 
section  ninety-six  of  this  act,  approved  as  therein  provided,  in  the  amount  of  fifty 
thousand  dollars;  and  whenever  any  trust  company  receives  from  court  trusts  such 
funds  to  the  amount  of  one  million  dollars  it  shall  further  notify  in  writing  the  super- 
intendent of  banks  of  such  fact  and  within  thirty  days  thereafter  shall  deposit  with  the 
state  treasurer  additional  money  or  securities  of  the  character  mentioned  and  defined 
in  section  ninety-six  of  this  act,  approved  as  therein  provided,  in  the  amount  of  fifty  thou- 
sand dollars ;  and  for  each  additional  five  hundred  thousand  dollars  of  such  trust  funds 
thereafter  received  by  any  trust  company  from  court  trusts  a  similar  notification  in  writ- 
ing shall  forthwith  be  given  to  the  superintendent  of  banks,  and  a  further  deposit  in  the 
amount  of  twenty-five  thousand  dollars  of  such  money  or  securities  or  of  securities  pro- 
vided for  in  section  ninety-seven  of  this  act  likewise  approved,  shall  be  made,  within 
thirty  days  thereafter,  but  such  trust  company  Avith  said  state  treasurer,  until  five 
hundred  thousand  dollars  of  such  securities  have  been  so  deposited.  The  treasurer  shall 
give  his  receipt  for  any  money  or  securities  so  deposited  and  each  and  all  of  such 
deposits  of  money  or  securities,  shall  be  held  by  said  state  treasurer  for  the  sole  benefit 
of  the  beneficiaries  of  the  class  of  business  for  the  security  and  protection  of  which 
same  were  deposited.  The  state  shall  be  responsible  for  the  custody  and  safe  return 
of  any  money  or  securities  so  deposited  with  said  state  treasurer.  The  term  "trust 
funds"  when  used  in  this  section  shall  be  deemed  to  mean  and  shall  mean  personal 
property  and  cash,  whether  received  with  the  original  trust  property  or  as  rent,  income 
or  proceeds  thereof,  or  otherwise,  in  connection  with  the  trust,  and  shall  not  be  deemed 
to  include  and  shall  not  include  real  property.  Any  trust  company  failing  to  comply 
with  the  provisions  of  this  section  shall  forfeit  to  the  state  of  California  one  hundred 
dollars  a  day  for  each  day  during  which  such  failure  or  default  shall  continue.     Upon 


-»5  BANKS  AND  BANKING.  Act  409,  §g  9»-l(H 

making  a  request  in  writing  to  the  superintendent  of  banks,  any  such  trust  company 
shall  be  entitled  to  withdraw  from  the  state  treasurer,  from  time  to  time,  a  sufficient 
amount  of  such  securities  so  that  at  all  times  the  amount  of  such  securities  so  deposited 
shall  conform  to  the  requirements  of  this  act,  and  so  that  at  no  time  shall  such  trust 
company  be  required  to  have  on  deposit  with  the  state  treasurer  an  amount  of  securities 
in  excess  of  the  requirements  of  this  act.  Upon  receiving  such  request  in  writing,  and 
satisfactory  proof  of  the  facts  warranting  such  withdrawal,  it  shall  be  the  duty  of  the 
superintendent  of  banks  to  forthwith  deliver  to  the  state  treasurer  a  written  order 
directing  the  withdrawal  of  said  securities  so  as  to  conform  with  the  provisions  of  this 
section,  and  it  shall  be  the  duty  of  the  state  treasurer  to  comply  with  such  written  order. 
The  validity  or  legality  of  any  act  or  proceeding  done  or  taken  by  any  such  trust  com- 
pany, relating  to  or  in  connection  with  the  administration  of  any  such  trusts,  shall  not 
be  affected  or  impaired  by  the  neglect  or  failure  of  such  trust  company,  or  of  any 
officer  or  employee  thereof,  to  comply  with  any  of  the  provisions  of  this  act,  but  all 
such  acts  and  proceedings  done  or  taken  prior  to  the  revocation  of  its  certificate  of 
authority  to  do  such  business  by  the  superintendent  of  banks,  under  the  provisions  of 
this  act,  or  the  revocation  by  any  court  or  judge  thereof  of  the  appointment,  order  or 
decree  theretofore  entered  in  such  trust  matter  shall  be  as  valid  and  effective  for  all 
purposes  as  if  any  such  neglect  or  failure  had  not  occurred.  [Amendment  of  May  17, 
1917.    In  effect  July  27,  1917.    Stats.  1917,  p.  617.] 

This  section  was  also  amended  May  6,    1913,  Stats.   1913,  p.   181;  and  June  3,   1915,   Stats. 
1915,  p.  1130. 

Evidence  of  title  to  accompany  securities.    Fees. 

6  99.  When  any  part  of  the  securities  so  deposited  with  the  state  treasurer  consists 
of  notes  or  bonds  secured  by  mortgage  or  deed  of  trust,  it  shall  be  accompanied  by  a 
"Registrar  of  Titles"  certificate  as  to  the  condition  of  the  title  if  the  notes  or  bonds^ 
are  secured  by  mortgages  covering  property  which  has  been  brought  under  the  operatior 
of  the  Land  Title  Law,  commonly  called  the  Torrens  Title  Law,  or  a  policy  of  mortgage 
insurance,  or  a  complete  abstract  of  title  or  an  unlimited  certificate  of  title  or  a  policy 
of  title  insurance  prepared  or  issued  by  a  person,  company  or  corporation  designated 
or  approved  by  the  superintendent  of  banks  and  authorized  by  law  or  otherwise  found 
by  the  superintendent  of  banks  to  be  competent  to  issue  such  evidence  of  title,  which 
shall  be  examined  and  approved  by  or  under  the  direction  of  said  superintendent  of 
banks.  The  fees  for  an  examination  of  such  evidence  of  title  by  council  to  be  paid 
by  the  trust  company  making  the  deposit  shall  not  exceed  twenty  dollars  for  each 
title  examined,  and  the  fee  for  each  appraiser  not  exceeding  two,  shall  not  exceed  five 
dollars  for  each  mortgage  or  deed  of  trust.  [Amendment  of  May  3,  1919.  In  effect 
July  22,  1919.    Stats.  1919,  p.  185.] 

This  section  was  also  amended  May  6,  1913,  Stats.  1913,  p.  182;  and  June  3,  1915,  Stats. 
1915,  p.  1132. 

Paid-up  capital  required. 

^  100.     Repealed  May  6,  1913.     Stats.  1913,  p.  182. 
Classification  of  trusts. 

§  101,  For  the  purposes  of  this  act,  all  trusts  permitted  to  be  accepted  or  executed 
by  any  trust  company,  under  any  provision  of  this  act  are  hereby  classified  and  defined 
as  either: 

(a)  Court  trusts;  or, 

(b)  Private  trusts. 

Court  trusts. 

A  court  trust  is  one  in  which  any  such  trust  company  acts  under  appointment,  order 
or  decree  of  any  court,  as  executor,  administrator,  guardian,  assignee,  receiver,  deposi- 


Act  409, 8  102  GE:NKRAL.   LAWS.  206 

tary  or  trustee,  or  in  which  it  receives  on  deposit  from  a  public  administrator,  under 
any  provision  of  this  act,  or  from  any  executor,  administrator,  guardian,  assignee, 
receiver,  depositary  or  trustee,  under  any  order  or  decree  of  any  court,  money  or 
property. 

Private  trust.    When  court  trust  deemed  to  include  private  trust. 

Any  other  trust  is  a  private  trust;  provided,  that  the  creator  of  any  private  trust 
of  which  a  trust  company  shall  be  made,  or  at  any  time  come  to  be,  the  trustee,  may, 
at  the  time  of  the  creation  of  such  trust,  or  the  creator  of  any  such  private  trust,  or 
his  successors  in  interest,  and  the  beneficiaries  thereof  may,  at  any  time,  by  their  joint 
consent,  direct  that  such  trust  shall  be  subject  to  and  entitled  to  the  benefit  of  all  of  the 
provisions  of  this  act  relating  to  court  trusts  and  thereafer  such  trust  shall  for  all  the 
purposes  of  this  act  be  deemed  to  be  a  court  trust  and  wherever  in  this  act  the  words 
"court  trust"  are  used  they  shall  be  deemed  to  include  private  trusts  which  are  subject 
to  supervision  except  in  so  far  as  any  of  the  provisions  of  this  act  relating  to  court 
trusts  may,  by  their  nature,  be  inapplicable  to  such  private  trust.  Such  direction  shall 
be  in  writing  addressed  to  the  trustee  and  a  copy  thereof,  certified  by  the  trustee, 
delivered  to  the  superintendent  of  banks. 

Inspection  and  supervision. 

In  case  such  direction  shall  be  made  after  the  acceptance  of  the  trust,  the  trustee 
shall  have  the  right  to  resign  as  such  and  a  new  trustee  shall  be  appointed  as  provided 
in  the  trust  instrument  or  by  law*  The  inspection  and  supervision  of  the  superintendent 
of  banks  shall  extend  only  to  court  trusts  as  herein  defined  and  to  private  trusts  sub- 
jected to  the  provisions  of  this  act  relating  to  court  trusts  as  above  provided. 

Private  trusts,  except  as  in  this  section  provided,  shall  not  be  subject  to  the  inspec- 
tion or  supervision  of  the  superintendent  of  banks,  his  attorneys,  examiners  or  other 
assistants. 

Additional  matters  in  reports  to  superintendent  of  banks. 

In  making  the  reports  to  the  superintendent  of  banks  required  by  this  act,  every  trust 
company  shall,  in  addition  to  the  other  facts  to  be  reported  by  it,  furnish  only  a  list 
and  brief  description  of  the  court  trusts  and  private  trusts,  which  are  subject  to 
supervision,  held  by  it,  the  source  of  appointment  thereto,  the  authority  by  which  the 
appointment  or  deposit  was  made,  and  the  amount  of  real  or  personal  property  held 
by  such  trust  company  by  virtue  thereof. 

Receiving  money  in  escrow. 

Nothing  in  this  act  contained  shall  make  it  unlawful  for  any  person  or  corporation 
not  subject  to  the  supervision  of  the  superintendent  of  banks  to  engage  in  the  business 
of  receiving  and  holding  in  escrow  money  or  its  equivalent  pending  investment  in  real 
estate  or  securities  for  or  on  account  of  his  or  its  principal,  or  of  acting  as  trustee 
under  deeds  of  trust  given  solely  for  the  purpose  of  securing  obligations  for  the  repay- 
ment of  money  other  than  corporation  bonds.  [Amendment  of  June  3,  1915.  In  effect 
August  8,  1915.    Stats.  1915,  p.  1132.] 

This  section  was  also  amended  May  6,  1913,  Stats.  1913,  p.  182. 

Discontinuance  of  trust  business. 

§  102.  Any  corporation  which  desires  to  withdraw  from  and  discontinue  doing  a 
trust  business  shall  furnish  to  the  superintendent  of  banks  satisfactory  evidence  of  its 
release  and  discharge  from  all  the  obligations  and  trusts  hereinbefore  provided  for,  and 
thereupon  the  superintendent  of  banks  shall  revoke  his  certificate  of  authority  to  do  a 
trust  business  theretofore  issued  to  such  corporation,  and  the  state  treasurer  shall 
return  to  said  corporation  all  the  securities  deposited  by  such  corporation  and  shall 


20T  BANKS  AND  BANKING.  Act  409,  §§  103-107 

cancel  any  mortgage  made  by  such  corporation  to  said  state  treasurer  as  a  part  of  such 
securities  and  thereafter  such  corporation  shall  not  be  permitted  to  use  and  shall  not 
use  the  word  ** trust"  in  its  corporate  name  or  in  connection  with  its  business.  [Amend- 
ment approved  May  6, 1913.    Stats.  1913,  p.  183.] 

Secrecy  of  communications  concerning  private  trusts. 

§  103.  Any  trust  company  exercising  the  powers  and  performing  the  duties  provided 
for  in  this  act,  shall,  except  as  herein  otherwise  provided,  keep  inviolate  all  communica- 
tions and  writings  made  to  or  by  said  trustee  touching  the  existence,  condition,  man- 
agement and  administration  of  any  private  trust  confided  to  it;  and  no  creditor  or 
stockholder  of  any  such  trust  company  shall  be  entitled  to  disclosure  or  knowledge  of 
any  such  communication  or  writing;  provided,  however,  that  the  president,  vice-presi- 
dent, manager,  trust  officer,  secretary  or  regularly  employed  attorney  of  any  such  trust 
company  shall  be  entitled  to  knowledge  of  any  such  communication  or  writing;  and  pro- 
vided further,  that  in  any  suit  or  proceeding  touching  the  existence,  condition,  manage- 
ment or  administration  of  any  such  trust,  the  court  wherein  the  same  is  pending  may 
require  disclosure  of  any  communication  or  writing.  [Amendment  approved  May  6, 
1913.    Stats.  1913,  p.  183.] 

Word  "trust"  prohibited  to  whom.    Effect  of  use  of  word  "trust." 
$  104.     Repealed  May  6,  1913.     Stats.  1913,  p.  183. 

Investment  of  capital,  etc. 

§  105.  Every  trust  company  shall,  except  as  otherwise  provided  by  law,  invest  its 
capital  and  surplus  and  any  trust  funds  received  by  it  in  connection  with  its  trust  busi- 
ness, in  accordance  with  the  laws  relative  to  the  investment  or  loan  of  funds  deposited 
with  savings  banks,  unless  a  specific  agreement  to  the  contrary  is  made  between  the 
trust  company  and  the  party  creating  the  trust,  or  unless  it  is  otherwise  ordered  by 
the  court,  in  connection  with  any  court  trust.  [Amendment  approved  May  6,  1913. 
Stats.  1913,  p.  183.] 

Trust  company  doing  commercial  business. 

$  106,  Any  such  trust  company  desiring  to  do,  or  doing,  a  commercial  banking  busi- 
ness or  a  savings  bank  business,  or  both,  in  addition  to  its  trust  business  shall  have 
actually  paid  up,  in  cash,  the  amount  of  capital  provided  in  section  twenty-three  of  this 
act.  Any  title  insurance  company  authorized  by  its  articles  of  incorporation  to  do,  or 
doing  a  trust  business,  in  addition  to  its  title  insurance  business,  shall  comply  with  all 
the  requirements  of  any  law  governing  trust  companies,  and  shall  have  a  capital  stock 
actually  paid  in,  in  cash,  of  not  less  than  two  hundred  thousand  dollars,  and  in  addition 
thereto,  the  capital  stock  required  by  law  for  doing  a  title  insurance  business.  Such 
capital  for  each  such  department  or  class  of  business  shall  be  increased  from  time  to  time 
in  the  same  manner  and  to  the  same  extent  as  though  each  such  department  or  class 
of  business  was  conducted  by  a  separate  bank,  trust  company  or  title  insurance  com- 
pany, instead  of  as  separate  departments  or  classes  of  business.  Any  trust  company 
and  any  title  insurance  company  doing  a  departmental  business  as  above  provided  shall 
comply  with  the  provisions  of  this  act  governing  each  of  such  departments  and  with  the 
provisions  of  any  law  governing  each  such  class  of  business  as  to  its  deposits,  reserve, 
surplus,  investments  and  loans.  [Amendment  approved  May  6,  1913.  Stats.  1913, 
p.  184.] 

Departmental  business  as  title  insurance  company  and  as  trust  company. 

§  107.  Any  corporation  doing  a  departmental  business  as  a  title  insurance  company 
and  as  a  trust  company,  shall,  as  to  its  tnist  department,  be  subject  to  the  supervision 
and  inspection  of  the  superintendent  of  banks,  and  as  to  its  trust  department  must  make 


Act  409,  §  107  GENERAL   LAWS.  20S 

all  reports  to  the  superintendent  of  banks  required  to  be  made  by  trust  companies  by  the 
provisions  of  this  act,  and  as  to  its  trust  department  such  corporation  shall  also  be 
subject  to,  and  shall  have  the  benefit  of  all  other  provisions  and  requirements  of  this 
act  applicable  to  trust  companies,  and  shall  also  be  subject  to  and  shall  have  the  benefit 
of  all  of  the  banking  laws  and  rules  and  regulations  of  the  banking  department  of  this 
state  applicable  to  trust  companies.  The  proportionate  part  of  the 'state  banking  fund 
provided  for  by  section  one  hundred  twenty-three  of  this  act,  that  shall  be  payable  by 
such  corporation,  shall  be  based  on  the  amount  of  capital  and  surplus  of  such  corpora- 
tion apportioned  to  its  trust  department.  [New  section  approved  May  6,  1913.  Stats. 
1913,  p.  184.] 

AETICLE  V 
State  BanMng  Department, 

5  120.    Superintendent  Appointed  by  Governob, 
§  121.    Employees. 

Compensation. 

Vacancies. 

Borrowing  From  Banks  Forbidden. 

%  122.     Principal  Office. 

§  123.     State  Banking  Fund  Created. 

Proportionate  Payment  by  Each  Bank. 
Revolving  Fund. 
I  124.     Inspection  of  Banks. 
Extra  Examinations. 
Administration  of  Oaths. 
Audit. 
I  125.     Examiner,  Oath  of  Office  Of. 
§  126.     Neglect  of  Duty. 
§  127.     Organization  of  Banks. 

Written  Consent  of  Superintendent  of  Banks. 

Certificate. 

Examination  of  Capital,  Etc.     Fee. 

§  128.    Organization  of  Banks. 

Certificate  of  Authorization,  Issue  Of. 
§  129.    Eeports  of  Bank  Doing  Departmental  Business. 
§  130.    Report  to  Superintendent  of  Banks. 

Foreign  Corporations. 

§  130a.  Special  Reports. 

§  131.    Number  of  Reports  Annually. 

§  132.     Statement. 

Publication. 
Contents. 
§  133.     Impaired  Capital. 
Assessment. 

Sale  of  Stock. 
Public. 
Private. 
§  134.    Violation  of  Law  by  Bank. 

§  135.     Stockholders'  Meeting,  Superintendent  ot  Banks  May  Cai^ 
§  135a.  Action  to  Dissolve  Bank  for  Violation  of  Law. 
§  136.    Superintendent  May  Take  Possession  of  Bank  VioLATiNa  Law. 
Resumption  of  Business. 
Collection  of  Debts. 
Action  Against  Stockholders. 
Liquidation  and  Distribution  or  Assets. 
§  136a.  Bank  Ceasing  to  Exist. 
§  136b.  Jurisdiction  in  Superior  Couet. 
§  137.     Right  to  Dissolve. 

Discharge  op  Receiver. 
Unclaimed  Moneys  Escheat, 
Investment  Of. 


209  BANKS   AND  BANKING.  Act  409,  §§  120,  121 

§  138.     Penalty  for  Failure  to  Eepokt. 
§  139,     Board  of  Directors. 

Duty  of. 

Keport  Of. 
Contents. 

No  Examination  Made. 

Special  Examination  by  Superintendent  of  Banks. 

Eeport. 
§  140.    Eeport  of  Superintendent  to  Governoe. 
§  141.     Weekly  Bulletin  Posted. 

Items  Of. 

File  Of. 
§  142.     Eecords  Deemed  Public  Documents. 

Official  Eepobts  Prima  Facie  Evidence. 

§  143.      liEPEALED. 

§  144.     Action  to  Eecover  Forfeitures. 

Fines  May  be  Compromised. 
§  145.     Powers  Abridged,  Enlarged  or  Modified. 
§  146.     Conflicting  Laws  Eepealed. 
§  147.     Act  Takes  Effect,  When. 

State  banking  department  superintendent  appointed  "by  governor. 

<J  120.  There  is  hereby  ci'eated  a  state  banking  department.  The  chief  oflScer  of  such 
department  shall  be  the  superintendent  thereof,  and  be  known  as  the  superintendent  of 
banks.  He  shall  be  appointed  by  the  governor,  and  shall  hold  office  at  the  pleasure  of 
the  governor.  He  shall  not,  either  directly  or  indirectly,  be  interested  in  any  commer- 
cial bank,  savings  bank  or  trust  company,  or  as  an  individual  banker.  He  shall  receive 
an  annual  salary  of  ten  thousand  dollars,  to  be  paid  monthly  out  of  the  state  treasury 
on  a  warrant  of  the  controller.  He  shall,  within  fifteen  days  from  the  time  of  notice 
of  his  appointment,  take  and  subscribe  to  the  constitutional  oath  of  office,  and  file  the 
same  in  the  office  of  the  secretary  of  state,  and  execute  to  the  people  of  the  state  a 
bond  in  the  penal  sum  of  fifty  thousand  dollars,  with  corporate  surety  or  two  or  more 
sureties  to  be  approved  by  the  governor  of  the  state,  conditioned  for  the  faithful  dis- 
charge of  the  duties  of  his  office.  [Amendment  approved  February  6,  1911.  Stats. 
1911,  p.  7.] 

Employees  of  superintendent  of  banks.    Compensation.    In  case  of  vacancy.    Not  to 

borrow  from  banks. 

$  121.  The  superintendent  of  banks  shall  employ  a  chi§f  deputy,  attorney  and  such 
examiners  and  other  assistants  as  he  may  need  to  discharge  in  a  proper  manner  the 
duties  imposed  upon  him  by  law,  none  of  which  examiners  or  assistants  or  attorne)' 
shall  be  interested  in  any  bank  in  this  state  as  director,  stockholder,  officer  or  employee, 
and  they  shall  perform  such  duties  as  he  shall  assign  to  them.  He  shall  fix  the  com- 
pensation of  the  chief  deputy,  attorney,  examiners  and  other  assistants,  which  compen- 
sation shall  be  paid  monthly  on  his  certificate  and  on  the  warrant  of  the  controller 
out  of  the  state  treasury.  The  chief  dejouty  shall  within  fifteen  days  from  the  time  of 
his  appointment  take  and  subscribe  to  the  constitutional  oath  of  office  and  file  the  same 
in  the  office  of  the  secretary  of  state.  No  person  shall  be  appointed  a  chief  deputy 
who  has  not  had  at  least  three  years'  active  banking  experience,  either  as  an  executive 
officer  or  employee  of  some  bank  in  this  state.  In  case  of  the  absence  or  inability  to 
act,  or  vacancy  in  the  office  of  the  superintendent  of  banks  for  thirty  consecutive  days, 
tjie  chief  deputy  shall  execute  to  the  people  of  the  state  a  bond  in  the  penal  sum  of 
fifty  thousand  dollars,  with  corjiorate  surety  or  two  sureties  to  be  approved  by  the 
controller  and  treasurer  of  the  state,  conditioned  for  the  faithfvd  discharge  of  the 
duties  of  the  superintendent  while  such  deputy  acts  as  superintendent,  and  upon  filing 
such  bond  such  deputy  shall  have  all  the  power  and  duties  of  superintendent  of  banks, 
until  the  inability  of  the  superintendent  shall  be  removed,  or  until  a  new  superin- 

Gen.  Laws — 14 


Act  409,  §§  122,  124  GEXERAL,   LAWS.  210 

tendent  of  banks  shall  have  been  appointed  by  the  governor.  No  superintendent  of 
banks,  chief  deputy,  or  bank  examiner,  shall  be  or  shall  become  indebted,  directly  or 
indirectly,  either  as  borrower,  endorser,  surety,  or  guarantor,  to  any  bank  under  his 
supervision  or  subject  to  his  examination.  [Amendment  approved  May  6,  1913.  Stats. 
1913,  p.  184.] 

This  section  was  also  amended  April  21,  1911,  Stats.  1911,  p.  1017. 

Principal  office. 

$  122.  The  superintendent  of  banks  shall  have  his  principal  oflSce  in  the  city  of  San 
Francisco,  and  may  also  have  suitable  rooms  in  the  city  of  Los  Angeles,  wherein  to 
conduct  the  business  of  the  state  banking  department.  The  superintendent  shall,  from 
time  to  time,  obtain  the  necessary  furniture,  stationery,  fuel,  lights,  and  other  proper 
conveniences  for  the  transaction  of  such  business;  the  expense  of  which  shall  be  paid 
out  of  the  state  treasury  on  the  certificate  of  the  superintendent  and  the  warrants  of  the 
controller. 

State  banking  fund  created.    Proportionate  payment  of  each  bank  into  fund.    Revolv- 
ing fund. 

§  123.  A  fund  is  hereby  created  to  be  known  as  the  state  banking  fund,  and  out 
of  said  fund  shall  be  paid  all  the  expenses  incurred  in  and  about  the  conduct  of  the 
business  of  the  banking  department,  including  the  salary  of  the  superintendent,  chief 
deputy,  attorney',  examiners  and  other  assistants,  traveling  expenses,  furnishing  of 
rooms  and  rent.  Each  bank  shall  pay  annually  its  share  of  one  hundred  and  ten 
thousand  dollars,  to  be  determined  by  the  proportion  which  the  capital  and  surplus 
which  shall  include  all  reserve  and  contingent  funds,  of  any  incorporated  bank  or  the 
surplus,  reserve  and  contingent  funds  of  any  bank  organized  without  a  capital  stock 
bear  to  the  capital,  surplus,  reserve  and  contingent  funds  in  the  aggregate  of  all  such 
banks  receiving  certificates  of  authorization  from  the  superintendent  of  banks,  as 
shown  by  the  last  report  of  such  bank  to  the  superintendent  of  banks;  provided,  that 
the  superintendent  of  banks  may,  in  any  fiscal  year  and  in  the  exercise  of  his  discre- 
tion, collect  from  each  bank  a  less  sum  to  be  determined  by  the  proportion  established 
in  this  section,  if  such  less  sum  be  sufficient  to  pay  all  the  expenses  incurred  in  and 
about  the  conduct  of  the  business  of  the  banking  department,  including  the  salary  of 
the  superintendent,  chief  deputy,  attorney,  examiners  and  other  assistants,  traveling 
expenses,  furnishing  of  rooms  and  rent.  All  money  collected  or  received  by  the  super- 
intendent of  banks,  under  and  by  virtue  of  the  provisions  of  this  act,  shall  be  by  him 
delivered  to  the  treasurer  of  the  state,  who  shall  deposit  the  same  to  the  credit  of 
said  banking  fund,  and  the  unexpended  balance  of  all  moneys  heretofore  paid  into  the 
state  treasury  by  any  of  the  bank  commissioners  or  the  superintendent  of  banks,  shall 
be  retained  and  become  a  part  of  said  fund ;  provided,  however,  that  the  superintendent 
shall  have  authority  to  retain  in  his  possession  and  under  his  control  the  sum  of  two 
thousand  dollars  to  be  used  by  him  as  a  revolving  fund  for  the  benefit  of  the  state 
banking  department  until  the  end  of  the  fiscal  year  at  which  time  he  shall  make  full 
settlement  with  the  treasurer  of  the  state.  If  any  such  bank  shall  fail  to  pay  such 
charges  as  are  herein  required,  the  superintendent  shall  forthwith  cancel  the  certificate 
of  said  bank.  [Amendment  of  May  15,  1919.  In  effect  July  22,  1919.  Stats.  1919, 
p.  655.] 

This  section  was  also  amended  April  21,  1911,  Stats.  1911,  p.  1015;  and  May  6,  1913,  Stats. 
1913,  p.  185.  * 

Inspection  of  banks.    Extra  examinations.    May  administer  oaths.    Audit. 

§  124.  Every  bank  and  the  trust  department  of  every  title  insurance  comjDany  doing 
a  trust  business,  shall  be  subject  to  the  inspection  of  the  superintendent  of  banks. 
The  superintendent  of  banks,  the  chief  deputy,  or  some  competent  person  or  person.^ 


811  DAXKS   AXD   BAXKIXG.  Act  409,  §§  125,  126 

to  be  appointed  by  the  superintendent  of  banks,  to  be  known  as  examiners,  shall  visit 
and  examine  every  bank  at  least  once  each  fiscal  year.  On  every  such  examination 
inquiries  shall  be  made  bj^  him  as  to  the  condition  and  resources  of  the  bank,  the  mode 
of  conducting  and  managing  its  affairs,  the  action  of  its  directors,  the  investment  and 
disposition  of  its  funds,  the  safety  and  prudence  of  its  management,  the  security 
afforded  to  those  by  whom  its  engagements  are  held  and  whether  the  requirements  of 
its  articles  of  incorporation  and  the  law  have  been  complied  with  in  the  administration 
of  its  affairs,  and  as  to  such  other  matters  as  the  superintendent  may  prescribe. 
Whenever,  in  the  judgment  of  the  superintendent  of  banks,  the  condition  of  any  bank 
renders  it  necessary  or  expedient  to  make  an  extra  examination  or  to  devote  any 
extraordinary  attention  to  its  affairs  the  superintendent  of  banks  shall  have  authority 
to  make  any  and  all  necessary  extra  examinations  and  to  devote  any  necessary  extra 
attention  to  the  conduct  of  its  affairs;  and  such  bank  shall  pay  for  all  such  extra  serv- 
ices rendered  by  the  superintendent  of  banks  at  a  price  to  be  fixed  by  the  superintendent 
of  banks  but  not  to  exceed  twenty  dollars  per  day  for  the  examination  of  the  principal 
oflBee  of  such  bank  and  twenty  dollars  a  day  for  the  examination  of  each  branch  office 
of  each  bank.  The  superintendent  of  banks  shall  also  have  power  to  examine,  or  cause 
to  be  examined,  every  agency  located  in  this  state  of  any  foreign  bank  or  banking  cor- 
poration, for  the  purpose  of  ascertaining  whether  it  has  complied  with  the  laws  of  this 
state,  and  for  such  other  pui-poses  and  as  to  such  other  matters  as  the  superintendent 
may  prescribe.  The  superintendent,  chief  deputy,  and  every  such  examiner  shall  have 
the  power  to  administer  an  oath  to  any  person  whose  testimony  he  may  require  on  the 
examination  of  any  bank,  or  on  the  examination  of  any  agency  of  any  foreign  bank  or 
banking  corporation,  and  to  compel  appearance  and  attendance  of  any  such  person  for 
the  purpose  of  any  such  examination.  When  a  bank  shall  have  been  examined  by  any 
examiner,  and  he  finds  securities  therein  which  are,  in  his  judgment,  of  doubtful  value, 
he  shall  report  the  same  to  the  superintendent  of  banks,  who  thereupon  shall  be 
authorized  to  employ  appraisers  at  the  expense  of  such  bank  to  appraise  said  securities, 
at  a  compensation  to  be  fixed  by  the  superintendent  of  banks.  The  superintendent 
of  banks  shall,  whenever  required  to  do  so  by  any  bank,  provide  an  auditor  to  make 
an  audit  of  the  affairs  of  such  bank.  The  compensation  for  making  such  audit  shall 
be  paid  by  the  bank  direct  to  the  person  making  the  audit.  Nothing  herein  shall  be 
deemed  to  authorize  or  require  the  superintendent  of  banks  to  inspect  or  sujjervise  the 
private  trust  business  or  title  insurance  business  of  any  corporation  doing  a  trust  busi- 
ness.    [Amendment  of  May  15,  1919.    In  effect  July  22,  1919.    Stats.  1919,  p.  656.] 

This  section  was  also  amended  April  21,  1911,  Stats.  1911,  p.  1016;  and  May  6,  1913,  Stats. 
1913,  p.  186. 

Examiner:  oath  of  office  of. 

$  125.  Every  examiner  appointed  by  the  superintendent  of  banks  shall,  before  enter- 
ing upon  the  discharge  of  his  duties,  take  the  constitutional  oath  of  office  and  cause 
the  same  to  be  filed  in  the  office  of  the  secretary  of  state.  No  such  examiner  shall  be 
appointed  receiver  of  any  bank  whose  books,  papers  and  affairs  he  shall  have  examined 
pursuant  to  his  appointment. 

Neglect  of  duty. 

$  126.  If  the  chief  deputy  or  any  examiner  shall  have  knowledge  of  the  insolvency 
or  unsafe  condition  of  any  bank  mentioned  in  this  act,  and  that  it  is  unsafe  or  inexpe- 
dient to  permit  said  bank  to  continue  business,  and  shall  neglect  to  forthwith  report 
such  fact  in  writing  over  his  signature  to  the  superintendent  of  banks,  he  shall  be 
guilty  of  felony. 


Act  409,  §§127-130  GENERAL   LAWS.  214 

Written  consent  for  organizing  banks.     Certificate  to  transact  business.    Examination 

of  capital,  etc.    Fee. 

§  127.  When  any  number  of  persons  desire  to  organize  a  corporation  to  conduct 
any  one  or  more  or  all  of  the  businesses  mentioned  in  divisions  (a),  (b),  and  (c)  of 
section  two  of  this  act  or  to  circulate  stock  subscription  lists  for  any  such  proposed 
corporation  the  previous  written  consent  of  the  superintendent  of  banks  to  such  pro- 
posed organization  must  be  obtained.  No  bank  shall  transact  any  business  in  this  state 
without  the  written  approval  of  the  superintendent  of  banks,  and  without  his  written 
certificate  stating  that  it  has  complied  with  the  provisions  of  this  act,  and  all  the 
requirements  of  law,  and  that  it  is  authorized  to  transact,  within  this  state,  the  business 
specified  therein;  which  certificate  may  be  withheld  by  the  superintendent  of  banks 
whenever  he  has  reason  to  believe  that  the  bank  is  being  formed  for  any  other  than  the 
legitimate  objects  contemplated  by  this  act,  or  whenever  he  has  reason  to  believe  that 
the  public  convenience  and  advantage  will  not  be  promoted  by  the  opening  of  such 
bank,  or  whenever  he  has  reason  to  believe  that  the  corporate  name  assumed  by  such 
bank  resembles,  so  closely  as  to  be  likely  to  cause  confusion,  the  name  of  any  other 
bank  previously  formed  under  the  laws  of  this  state.  Before  issuing  such  certificate 
the  superintendent  of  banks  shall  examine,  or  cause  an  examination  to  be  made,  in 
order  to  ascertain  whether  the  requisite  capital  of  such  bank  has  been  paid  up  in  cash 
or  the  requisite  reserve  or  surplus  fund  has  been  accumulated.  The  superintendent  of 
banks  shall  not  authorize  such  bank  to  commence  business  until  it  appears  from  such 
examination,  or  other  evidence  satisfactory  to  him,  that  the  requisite  capital  has  been, 
in  good  faith,  subscribed  and  paid  in,  in  cash,  or  that  the  requisite  surplus  or  reserve 
fund  has  been  accumulated  or  paid  in,  in  cash,  and  until  said  bank  shall  have  paid 
a  fee  of  fifty  dollars  for  each  department  to  be  operated  by  said  bank.  [Amendment 
of  June  3,  1915.    In  effect  August  8,  1915.    Stats.  1915,  p.  1133.] 

This  section  was  also  amended  May  6,  1913,  Stats.  1913,  p.  187. 

Certificate  of  authorization  issued. 

§  128.  When  the  certified  copy  of  articles  of  incorporation  of  any  bank  shall  have 
been  filed  with  the  secretary  of  state,  and  apiolication  made  for  the  issuance  of  a  cer- 
tificate to  do  business  as  a  bank,  the  superintendent  of  banks,  provided  he  has  not 
withheld  granting  his  certificate  for  any  of  the  reasons  set  forth  in  section  one  hundred 
twenty-seven  hereof,  shall  ascertain,  from  the  best  sources  of  information  at  his  com- 
mand, whether  the  character  and  general  fitness  of  the  persons  named  as  stockholders 
are  such  as  to  command  the  confidence  of  the  community  in  which  such  bank  is  pro- 
posed to  be  located,  and,  if  so  satisfied,  he  shall,  within  sixty  days  after  such  applica- 
tion has  been  made  to  him,  issue,  under  his  hand  and  official  seal,  the  certificate  of 
authorization  required  by  this  act.  The  superintendent  of  banks  shall  file  a  duplicate 
of  such  certificate  in  his  own  office.  [Amendment  of  May  17,  1917.  In  effect  July  27, 
1917.    Stats.  1917,  p.  619.] 

Reports. 

^  129.  Every  bank  doing  a  departmental  business  shall  render  to  the  superintendent 
of  banks  for  each  department  conducted  by  it,  a  separate  report  showing  in  detail 
as  required  by  section  one  hundred  thirty  of  this  act,  the  actual  financial  condition  of 
such  department  and  shall  at  the  time  of  furnishing  said  report  separately  publish 
the  statement  for  each  department  as  provided  in  section  one  hundred  thirty-two  of 
this  act. 

Report  to  superintendent  of  banks.    Report  of  foreign  corporation. 

§  130.  Every  bank,  organized  under  the  laws  of  this  state,  shall,  whenever  required 
by  the  superintendent  of  banks,  make  a  report  in  writing  to  him,  verified  by  the  oath 


2i3  BANKS   AND   BANKING.  Act  400,  §  130 

of  its  president  and  its  secretary  or  cashier,  or  two  principal  officers.  Such  reports 
shall  show  the  actual  financial  condition  of  the  bank  making  the  report,  at  the  close 
of  any  past  day  designated  by  the  superintendent,  and  shall  specify  the  following: 

1.  The  amount  of  its  capital  stock  and  the  number  of  shares  into  which  it  is  divided. 

2.  The  names  of  the  directors  and  the  number  of  shares  of  stock  held  by  each. 

3.  The  total  amount  of  capital  actually  paid  in,  in  cash,  and  the  total  amount  of 
surplus,  reserve  and  any  other  funds. 

4.  The  total  amount  due  the  depositors. 

5.  The  total  amount  and  character  of  any  other  liabilities  it  may  have. 

6.  The  amount  at  which  the  lot  and  building  occupied  by  the  bank  for  the  transac- 
tion of  its  regular  business  stands  debited  on  its  books;  also  the  market  value  of  all 
other  real  estate  held,  whether  acquii'ed  in  settlement  of  loans  or  otherwise,  the  original 
cost  to  the  bank,  the  date  when  acquired,  the  amount  at  which  it  stands  debited  on 
the  bank-books,  in  what  counties  situated,  and  in  what  name  the  title  is  vested,  if  not 
in  the  name  of  the  bank  itself. 

7.  The  amount  loaned  on  real  estate,  specifying  the  amount  secured  on  real  estate 
in  each  county  separately;  also  specifying  the  name  of  the  person  in  whose  name  the 
property  is  held  in  trust  or  as  security,  in  case  it  is  held  in  any  name  other  than  that 
of  the  bank  and  the  instrument  creating  the  security  does  not  itself  disclose  the  name 
of  the  bank. 

8.  The  amount  invested  in  bonds,  designating  the  name  and  amount  of  each  par- 
ticular kind. 

9.  The  amount  loaned  on  stocks  and  bonds,  designating  each  particular  class  and 
the  amount  thereof. 

10.  The  amount  of  money  loaned  on  other  securities,  with  a  particular  designation  of 
each  class  and  the  amount  loaned  on  each. 

11.  The  amount  and  kind  of  money  on  hand  or  deposited  in  any  other  bank  or  place, 
with  the  name  of  the  place  where  deposited  and  the  amount  in  each  place. 

12.  Any  other  property  held,  or  any  amount  of  money  loaned,  deposited,  invested  or 
placed,  not  othenvise  herein  enumerated,  and  the  place  where  situate  and  the  value 
of  said  property,  and  the  amount  so  loaned,  deposited  or  placed. 

13.  The  date  on  which  examination  of  the  bank  was  last  made  by  its  board  of 
directors  and  the  date  on  which  report  of  such  examination  was  filed,  as  required  by 
section  one  hundred  thirty-nine  of  this  act. 

14.  The  outstanding  and  unpaid  amounts  of  any  loans  made  by  the  bank,  which 
under  the  provisions  of  either  section  sixty-five  or  eightj'-three  of  this  act  are  required 
to  be  reported  to  the  superintendent  of  banks. 

15.  Any  overdrafts  and  any  loans,  investments,  acts  or  omissions  violative  of  or  not 
in  conformity  with  any  provision  of  this  act  which  may  be  specifically  called  for. 

Every  foreign  corjjoration  transacting  the  business  of  banking  in  this  state  shall 
make  the  report  herein  required  as  far  as  such  report  may  relate  to  the  affairs  of  such 
corporation  in  this  state,  and  every  foreign  corporation  must  particularly  render  the 
report  required  by  subdivisions  three,  four,  five,  six,  seven,  eight,  nine,  ten,  eleven, 
twelve,  thirteen,  fourteen  and  fifteen  of  this  section.  Such  report  shall  be  made  in 
writing  and  verified  by  the  oath  of  one  of  its  duly  authorized  officers  or  managers 
residing  in  this  state.  The  oaths  of  the  officers  and  the  statements  above  required 
shall  state  that  they  and  each  of  them  have  a  personal  knowledge  of  the  matters 
therein  contained  and  that  they  believe  every  allegation,  statement,  matter,  and  thing 
therein  contained  is  true.  Any  wilful  false  statement  in  the  ])roniisps  shall  bo  porjurv 
and  shall  be  punished  as  such.  [Amendment  approved  May  6,  1913.  Stats.  1913, 
p.  188.] 


Act  408,  §g  130a-133  GEXBRAL.  LAIVS.  914 

Special  reports. 

^  130a.  In  addition  to  the  information  obtained  from  the  report  required  by  the 
provisions  of  section  one  hundred  thirty  of  this  act,  the  superintendent  of  banks  shall 
also  have  the  power  to  require  any  bank  to  furnish  a  special  report  in  writing  verified 
as  required  by  section  one  hundred  thirty  of  this  act,  whenever  in  his  judgment  such 
special  report  is  necessary  to  inform  him  tnWy  of  the  actual  financial  condition  and 
affairs  of  such  bank.  Any  wilful  false  statement  in  the  premises  shall  be  perjury 
and  shall  be  punished  as  such.  [New  section  approved  May  6,  1913.  Stats.  1913, 
p.  189.] 

Three  reports  each  year. 

§  131.  The  superintendent  of  banks  shall  call  for  the  reports  specified  by  section  one 
hundred  thirty  of  this  act  at  least  three  times  each  year.  The  "past  day  designated 
by  the  superintendent"  of  banks  under  the  provisions  of  section  one  hundred  thirty 
of  this  act  shall  for  at  least  three  times  be  the  day  designated  by  the  comptroller  of 
currency  of  the  United  States  for  reports  of  national  banking  associations.  [Amend- 
ment of  May  15,  1919.    In  effect  July  22,  1919.    Stats.  1919,  p.  657.] 

This  section  was  also  amended  May  6,   1913,  Stats.  1913,  p.  189. 

Publication  of  statement.     Shall  show,  what. 

§  132.  At  the  time  of  furnishing  such  report  to  the  superintendent  of  banks,  every 
bank  shall  also  publish  a  condensed  statement  of  its  financial  condition,  at  least  once 
in  some  newspaper  of  general  circulation,  published  in  the  city  or  town  where  its 
principal  place  of  business  is  located,  and,  if  no  paper  is  published  in  such  town,  then 
in  some  newspaper  of  general  circulation  in  the  county  where  its  principal  jilace  of 
business  is  located.  Such  published  statement  shall  show  the  total  amount  of  loans, 
the  total  amount  of  overdrafts,  the  total  amount  invested  in  bonds  and  other  securities, 
the  total  amount  due  from  banks,  the  total  amount  of  cheeks  and  other  cash  items, 
the  total  amount  of  cash  on  hand,  capital  paid  in,  surplus  funds;  undivided  profits, 
less  expenses  and  taxes  paid;  due  to  other  banks  and  bankers,  due  to  trust  companies 
and  savings  banks;  individual  deposits  subject  to  checks;  demand  certificates  of 
deposit;  time  deposits;  certified  checks;  cashier's  checks  outstanding;  and  such  other 
items  as  will  show  the  actual  financial  condition  of  the  bank  making  the  report. 

When  capital  is  impaired.    Assessment.    Public  sale.     Private  sale. 

§  133.  Whenever  it  shall  appear  from  the  report  of  any  bank,  or  the  superintendent 
of  banks  shall  have  reason  to  believe  that  the  capital  of  anj^  bank  is  impaired  or 
reduced  below  the  amount  required  by  law,  it  shall  be  the  duty  of  the  superintendent 
of  banks  and  he  shall  have  the  power  to  examine  said  bank  and  ascertain  the  facts, 
and  in  case  he  finds  such  impairment  or  reduction  of  capital,  he  shall  require  such 
bank  to  make  good  the  deficiency  so  appearing  within  sixty  days  after  the  date  of  such 
requisition.  The  directors  of  every  such  bank,  upon  which  such  requisition  shall  have 
been  made,  shall  lev}-  an  assessment  upon  the  stock  thereof  to  repair  such  deficiency, 
and  shall  cause  notice  of  such  requisition  to  be  given  to  each  stockholder  of  the  bank 
and  of  the  amount  of  the  assessment  which  he  must  pay  for  the  purpose  of  making 
good  such  deficiency,  by  a  written  or  printed  notice  mailed  to  such  stockholder  at  his 
last  known  address  or  served  personally  upon  him.  If  any  stockholder  shall  refuse 
or  neglect  to  pay  the  assessment  specified  in  such  notice  within  thirty  days  from  the 
date  of  mailing  or  serving  such  notice  as  aforesaid,  the  directors  of  such  bank  shall 
have  the  right  to  sell  to  the  highest  bidder  at  public  auction  the  stock  of  such  stock- 
holder, after  giving  a  previous  notice  of  such  sale  for  ten  days  in  a  newspaper  of 
general  circulation  published  in  the  county  where  the  principal  place  of  business  of 
such  bank  is  located,  and  a  copy  of  such  notice  of  sale  shall  also  be  served  on  the 


215  BAMvS   A?.D   BAXKIXG.  Act  409,  §g  134-135a 

owner  of  such  stock  bj'  being  served  personally  on  him  or  by  mailing  to  bis  last 
known  address  ten  days  before  the  day  fixed  for  such  sale;  or  such  stock  may  be  sold 
at  private  sale  and  without  such  public  notice;  provided,  however,  that  before  making 
such  private  sale  thereof  an  offer  in  writing  shall  first  be  obtained  and  a  copj'  thereof 
served  upon  the  owner  of  record  of  the  stock  sought  to  be  sold,  either  personally  or 
by  mailing  a  copy  of  such  order  to  his  last  known  address;  and  if,  after  service  of 
such  offer,  such  owner  shall  still  refuse  or  neglect  to  pay  such  assessment  within  two 
weeks  from  the  time  of  the  service  of  such  offer,  the  said  directors  may  accept  such 
offer  and  sell  such  stock  to  the  person  making  such  offer,  or  to  any  other  person  or 
persons  making  a  larger  offer  than  the  amount  named  in  the  offer  submitted  to  the 
stockholder;  but  such  stock  shall  in  no  event  be  sold  for  a  smaller  sum  than  the 
valuation  put  on  it  by  the  superintendent  of  banks  in  his  determination  and  requisition 
as  to  said  assessment,  nor  for  less  than  the  amount  of  said  assessment  so  called  for  and 
the  expense  of  sale.  Out  of  the  avails  of  the  stock  so  sold,  the  director  shall  pay  the 
amount  of  assessment  levied  thereon,  and  the  necessary  costs  of  sale,  and  the  balance, 
if  any,  shall  be  paid  to  the  person  or  persons  whose  stock  has  thus  been  sold.  A  sale 
of  stock  as  herein  provided  shall  effect  an  absolute  cancellation  of  the  outstanding 
certificate  or  certificates  evidencing  the  stock  so  sold,  and  shall  make  the  same  null 
and  void,  and  a  new  certificate  shall  Ik^  issued  by  the  bank  to  the  purchaser  thereof. 
[Amendment  approved  May  6,  1913.    Stats.  1913,  p.  189.] 

This  section  was  also  amended  April  21,  1911,  Stats.  1911,  p.  1016, 

Violation  of  law  by  bank. 

§  134.  If  it  shall  appear  to  the  superintendent  of  banks  that  any  bank  has  violated 
or  failed  to  comply  with  the  provisions  of  its  articles  of  incorporation,  or  any  law  of 
this  state,  he  may,  by  an  order  under  his  hand  and  official  seal,  which  seal  must  be 
adopted  by  him,  addressed  to  such  bank,  direct  such  bank  to  discontinue  such  violation 
and  to  comply  with  the  law;  or,  if  it  shall  appear  to  the  superintendent  of  banks  that 
such  bank  is  conducting  business  in  an  unsafe  or  injurious  manner,  he  may,  in  like 
manner  direct  the  discontinuance  of  any  such  unsafe  or  injurious  practices.  Such 
order  shall  require  such  bank  to  show  cause,  before  the  superintendent  of  banks,  at 
a  time  and  place  to  be  fixed  by  him,  why  said  order  should  not  be  observed.  If  upon 
such  hearing  it  shall  appear  to  the  superintendent  of  banks  that  such  bank  is  conduct- 
ing business  in  an  unsafe  or  injurious  manner,  or  is  violating  or  failing  to  comply  with 
the  provisions  of  its  articles  of  incorporation,  or  any  law  of  this  state,  then  the 
superintendent  of  banks  shall  make  such  order  final,  and  such  bank  shall  immediately 
comply  with  such  order  made  by  the  superintendent  of  banks.  Such  banks  shall  have 
ten  days  after  anj^  such  order  is  made  final  in  which  suit  may  be  commenced  to  restrain 
enforcement  of  such  order,  and  unless  such  action  be  so  commenced  and  enforcement 
of  said  order  be  enjointed  within  ten  days,  by  the  court  in  which  such  suit  is  brought, 
then  such  bank  shall  comply  with  such  order.  [Amendment  approved  May  6,  1913 
Stats.  1913,  p.  191.] 

Superintendent  of  banks  may  call  stockholders'  meeting. 

$  135.  Whenever  the  superintendent  of  banks  shall  deem  it  expedient  he  may  call 
a  meeting  of  the  stockholders  of  any  bank  organized  under  the  laws  of  this  state,  by 
a  personal  notice  of  such  meeting  for  fifteen  days  previous  thereto.  All  necessary 
expense  incurred  in  the  serving  of  such  notice  shall  be  borne  by  the  bank  whose  stock- 
holders are  required  to  convene.     [New  section  added  May  6,  1913.    Stats.  1913,  p.  191.1 

The  original  section  was  repealed  May  6,  1913,  Stats.  1913,  p.  191. 

Action  to  dissolve  bank  violating  law. 

§  ]35a.  If  the  capital  of  any  bank  shall  be  impaired,  or  if  any  bank  shall  refuse  to 
submit  its  books,  papers  and  concerns  to  the  inspection  of  any  examiner,  or  if  any 


Act  409,  §  136  GENERAL    LAWS.  216 

officer  thereof  shall  refuse  to  be  examined  upon  oath  touching  the  concerns  of  such 
bank,  or  if  such  bank  shall  violate  the  provisions  of  its  articles  of  incorporation,  or 
any  law  of  this  state,  or  if  such  bank  shall  suspend  payment  of  its  obligations,  or  if 
such  bank  shall  conduct  its  business  in  an  unsafe  or  unauthorized  manner,  or  if  from 
any  examination  or  report  provided  for  by  this  act  the  superintendent  of  banks  shall 
conclude  that  such  bank  is  in  an  unsound  or  unsafe  condition  to  transact  the  business 
for  which  it  is  organized,  or  that  it  is  unsafe  and  inexpedient  for  it  to  continue  business, 
an  action  to  procure  a  judgment  dissolving  such  corporation  may  be  maintained  by 
the  superintendent  of  banks.     [New  section  approved  May  6,  1913.    Stats.  1913,  p.  191.] 

Superintendent  of  banks  may  take  possession  of  bank  violating  law.  Eesumption  of 
business.  Collection  of  debts.  Action  against  stockholders.  Lictuidation  and  dis- 
tribution. 

§  136.     Whenever  it  shall  appear  to  the  superintendent  of  banks  that  any  bank  has 
violated  the  provisions  of  its  articles  of  incorporation  or  any  law  of  this  state,  or  is 
conducting    its   business   in    an   unsafe    or   unauthorized   manner,    or   if    the    capital 
of  any  bank  is  impaired,  or  if  any  bank  shall  refuse  to  submit  its  books,  papers  and 
concerns  to  the  inspection  of  any  examiner,  or  if  any  officer  thereof  shall  refuse  to 
be  examined  upon  oath  touching  the  concerns  of  any  such  bank,  or  if  any  bank  shall 
suspend  payment  of  its  obligations,  or  if  from  any  examination  or  report  provided 
for  by  this  act  the  superintendent  of  banks  shall  have  reason  to  conclude  that  such 
bank  is  in  an  unsound  or  unsafe  condition  to  transact  the  business  for  which  it  is 
organized,  or  that  it  is  unsafe  and  inexpedient  for  it  to  continue  business,  or  if  any 
bank   shall  neglect  or  refuse  to  observe   any  order   of  the  superintendent  of  banks 
specified  in  sections  one  hundred  thirty-three  or  one  hundred  thirty-four  of  this  act, 
the  superintendent  of  banks  may  forthwith  take  possession  of  the  property  and  business 
of  such  bank  and  retain  such  possession  until  such  bank  shall  resume  business,   or 
its  affairs  be  finally  liquidated  as  herein  provided.     On  taking  possession  of  the  prop- 
erty and  business  of  any  such  bank  the  superintendent  of  banks  shall  forthwith  give 
notice  of  such  fact  to  any  and  all  banks,  trust  companies,  associations  and  individuals, 
holding  or  in  possession  of  any  as'sets  of  such  bank.     No  bank,  trust  company,  asso- 
ciation  or  individual  knowing  of   such  taking   possession   by   the   superintendent   of 
banks,  or  notified  as  aforesaid,  shall  have  a  lien  or  charge  for  any  payment,  advance 
or  clearance  thereafter  made,  or  liability  thereafter  incurred  against  any  of  the  assets 
of  the  bank  of  whose  property  and  business  the  superintendent  of  banks  shall  have 
taken  possession  as  aforesaid.     Such  bank  may,  with   the  consent  of  the  superin- 
tendent of  banks,  resume  business  upon  such  conditions  as  may  be  approved  by  him. 
Upon  taking  possession  of  the  property  and  business  of  any  such  bank  the  superin- 
tendent of  banks  shall  have  authority  to  collect  moneys  due  to  such  bank  and  do  such 
other  acts  as  are  necessary  to  conserve  its  assets  and  business,  and  shall  proceed  to 
liquidate  the  affairs  thereof  as  hereinafter  provided.    The  superintendent  of  banks  shall 
collect  all  debts  due  and  claims  belonging  to  it,  and  upon  the  order  of  the  superior  court 
may  sell  or  compound  any  bad  or  doubtful  debts.    If  a  purchaser  for  any  bad  or  doubt- 
ful debts  can  not  be  obtained  and  it  appears  improbable  that  recovery  thereon  can  be 
had  and  that  the  costs  of  actions  to  enforce  collection  of  the  same  would  probably  be 
lost,  the  court  may  direct  that  suits  thereon  need  not  be  brought.    On  like  order  he  may 
sell  any  real  or  personal  property  of  such  bank  on  such  terms  as  the  court  shall 
direct;  and  may,  if  necessary  to  pay  the  debts  of  such  bank,  enforce  the  constitutional 
individual  liability  of  stockholders  by  action  to  be  brought  within  three  years  after  the 
date  of  his  taking  possession  of  the  affairs  of  such  bank.    The  superintendent  of  banks 
shall   determine  the  necessity   of   such  action   and  the   amount   necessary  to  recover 
from  the  stockholders  to  fully  pay  all  liabilities  of  such  bank.     Such  action  may  be  in 
equity  and   against   all   stockholders  upon   whom   service  of  process  in  the   state   of 


-^'  BAXKS    VXD   BAXKIIVG.  Act  409,  §  13« 

California  can  be  had,  and  the  court  may  therein  determine  and  provide  for  any 
equities  as  between  the  stockholders  including  the  proportions  of  each  stockholder  to 
any  surplus  of  money  or  assets  that  may  remain  after  the  paj'ment  of  all  liabilities 
and  the  expenses  of  liquidation.  The  superintendent  of  banks  may  also  maintain  an 
action  against  any  stockholder  residing  out  of  the  state  or  upon  whom  service  of 
process  can  not  be  had  within  the  state,  in  any  court  of  the  United  States  or  of  any 
state  or  country.  Any  judgment  so  obtained  by  the  superintendent  of  banks  against 
such  or  any  of  such  stockholders  which  is  of  doubtful  value  may  be  compromised  and 
compounded  by  the  superintendent  of  banks  on  such  terms  and  conditions  as  the 
superior  court  may  direct  or  authorize.  The  superintendent  of  banks  shall  file  a 
notice  of  pendency  of  action  in  the  county  recorder's  office  of  the  county  where  such 
action  is  brought.  At  any  time  prior  to  the  trial  of  any  such  action,  any  creditor  may 
serve  upon  the  superintendent  of  banks  and  file  with  the  court  wherein  such  action 
is  pending,  notice  that  he  elects  to  maintain  an  action  against  the  stockholders  or  any 
of  them,  in  his  individual  capacity  and  thereupon  the  amount  sued  for  in  such  action 
shall  be  reduced  accordingly  and  such  creditor  shall  not  be  entitled  to  share  in  the 
proceeds  resulting  from  such  action  brought  by  the  superintendent  of  banks.  For 
the  purpose  of  executing  and  performing  any  of  the  powers  and  duties  hereby  con- 
ferred upon  him,  the  superintendent  of  banks  may,  in  the  name  of  the  delinquent 
bank  or  in  his  own  name,  prosecute  and  defend  any  and  all  suits  and  other  legal 
proceedings  and  may,  in  the  name  of  the  delinquent  bank  or  in  his  own  name  as 
trustee  execute,  acknowledge  and  deliver  any  and  all  deeds,  assignments,  releases 
and  other  instruments  necessary  and  proper  to  effectuate  any  sale  of  real  or  personal 
property  or  sale  or  compromise  or  compound  authorized  by  order  of  the  court  as 
herein  provided;  and  any  deed  or  other  instrument,  executed  pursuant  to  the  authority 
hereby  given,  shall  be  valid  and  effectual  for  all  purposes,  as  though  the  same  had 
been  executed  by  the  officers  of  the  delinquent  bank  by  authority  of  its  board  of 
directors.  In  case  any  of  the  real  property  so  sold  is  located  in  a  county  other  than  the 
county  in  which  the  application  to  the  court  for  leave  to  sell  the  same  is  made,  the 
superintendent  of  banks  shall  cause  a  certified  copy  of  the  order  authorizing  or  rati- 
fying such  sale  to  be  filed  in  the  office  of  the  recorder  of  the  county  in  which  the 
said  real  property  is  located.  The  superintendent  of  banks  may,  under  his  hand  and 
official  seal,  appoint  one  or  more  special  deputy  superintendents  of  banks,  as  agent 
or  agents,  with  the  powers  specified  in  the  certificate  of  appointment  hereinafter 
ihentioned,  to  assist  him  in  the  duty  of  liquidation  and  distribution,  the  certificate  of 
appointment  to  be  filed  in  the  office  of  the  superintendent  of  banks,  and  a  certified 
copy  in  the  office  of  the  clerk  of  the  county  in  which  the  principal  office  of  such  bank 
is  located. 

The  superintendent  of  banks  may  from  time  to  time,  by  a  certificate  of  api^ointment 
under  his  hand  and  official  seal,  specifying  the  powers  conferred,  authorize  a  special 
deputy  superintendent  to  perform  such  duties  connected  with  such  liquidation  and 
distribution  as  the  superintendent  of  banks  may  deem  proper.  Such  certificate  of 
appointment  shall  be  filed  in  the  office  of  the  superintendent  of  banks  and  a  certified 
copy  in  the  office  of  the  clerk  of  the  county  in  which  the  principal  office  of  such  bank 
is  located.  The  superintendent  of  banks  may  employ  such  counsel  and  procure  such 
expert  assistance  and  advice  as  may  be  necessary  in  the  liquidation  and  distribution 
of  the  assets  of  such  bank,  and  for  that  purpose  may  retain  such  of  the  officers  or 
employees  of  such  bank  as  he  may  deem  necessai-y.  The  superintendent  of  banks 
shall  require  from  a  special  deputy  superintendent  and  from  such  assistants  such 
security  for  the  faithful  discharge  of  their  duties  as  he  maj'  deem  proper.  The  super- 
intendent of  banks  shall  cause  notice  to  be  given  by  advei'tisement,  in  such  newspapers 
as  he  may  direct,  weekly  for  three  consecutive  months,  calling  on  all  persons  who 
may  have  claims  against  such  bank  to  ijroseut  the  same  to  the  superintendent  of  banks, 


Act  409,  §  ise  GENERAL    LAWS.  SIS 

and  make  legal  proof  thereof  at  a  place  and  within  a  time,  not  earlier  than  the  last 
day  of  publication,  to  be  therein  specified.     The  superintendent  of  banks  shall  mail  a 
similar  notice  to  all  persons  whose  names  appear  as  creditors  upon  the  books  of  the 
bank.     If  the  superintendent  of  banks  doubts  the  justice  and  validity  of  any  claim, 
he  may  reject  the  same,  and  serve  notice  of  such  rejection  upon  the  claimant,  either 
by  mail  or  personally.     An  aflidavit  of  the   service  of   such  notice,   which   shall  be 
prima  facie  evidence  thereof  shall  be  filed  with  the  superintendent  of  banks.     Any 
action  upon  a  claim  so  rejected  must  be  brought  within  six  months  after  such  service. 
Claims  presented  after  the  expiration  of  the  time  fixed  in  the  notice  to  creditors  shall 
be  entitled  to  share  in  the  distribution  only  to  the  extent  of  the  assets  in  the  hands 
of  the  superintendent  of  banks  equitably  applicable  thereto.     Upon  taking  possession 
of  the  property  and  assets  of  any  bank,  the  superintendent  of  banks  shall  make  an 
inventory  of  the  assets  of  such  bank  in  duplicate,  one  to  be  filed  in  the  office  of  the 
superintendent  of  banks,  and  one  with  the  papers  in  said  proceeding  in  the  office  of 
the  clerk  of  the  county  in  which  the  principal  office  of  such  bank  is  located;  upon 
the  expiration  of  the  time  fixed  for  the  presentation  of  claims  the  superintendent  of 
banks  shall  make  in  duplicate  a  full  and  complete  list  of  the  claims  presented,  including 
and  specifying  such  claims  as  have  been  rejected  by  him,  one  to  be  filed  in  the  office 
of  the  superintendent  of  banks,  and  one  with  the  papers  in  said  proceeding  in  the  office 
of  the  clerk  of  the  county  in  which  the  principal  office  of  such  bank  is  located.    There- 
after he  shall  make  and  file  in  said  offices  as  above  provided  at  least  fifteen  days  before 
each  application  to  the  court  for  leave  to  declare  a  dividend  a  supplemental  list  of  the 
claims  presented  since  the  last  preceding  list  was  filed,  including  and  specifying  such 
claims  as  have  been  rejected  bj'  him,  and  in  any  event  he  shall  make  and  file  as  above 
provided  such  a  list  at  least  once  every  six  months  after  the  filing  of  the  original  list, 
as  long  as  he  shall  remain  in  possession  of  the  property  and  business  of  any  such 
bank.     Such  inventory  and  list  of  claims  shall  be  open  at  all  reasonable  times  to 
inspection.    The  compensation  of  the  special  deputy  superintendents,  counsel  and  other 
employees  and  assistants,  and  all  expenses  of  supervisions  and  liquidation,  shall  be 
fixed  by  the  superintendent  of  banks  and  shall  upon  the  certificate  of  the  superin- 
tendent of  banks  be  paid  out  of  the  funds  of  such  bank  in  the  hands  of  the  superin- 
tendent of  banks.    All  such  expenses  must  be  reported  by  the  superintendent  of  banks 
to  the  superior  court  of  the  county  where  the  principal  place  of  business  of  such  bank 
is  located  and  settled  by  such  court  upon  notice  of  such  bank.     The  moneys  collected 
by  the  superintendent  of  banks  shall  be  from  time  to  time  deposited  in  one  or  more 
state  banks  of  deposit,  savings  banks  or  trust  companies,  and,  in  case  of  the  suspen- 
sion or  insolvency  of  the  depositary,  such  deposits  shall  be  preferred  before  all  other 
deposits.     At  any  time  after  the  expiration  of  the  date  fixed  for  the  presentation  of 
claims   the  superior  court  may   by   order   authorize   the   superintendent   of   banks   to 
declare  out  of  the  funds  remaining  in  his  hands  after  the  payment  of  expenses  one 
or  more  dividends,  and  after  the  expiration  of  one  year  from  the  first  publication  of 
notice  to  creditors  he  may  declare  a  final  dividend,  such  dividends  to  be  paid  to  such 
persons,   and  in  such  amounts,  and  upon   such  notice,   as  may  be   directed  by   the 
superior  court  of  the  county  in  which  the  principal  office  of  such  bank  is  located. 
Objections  to  any  claim  not  rejected  by  the  superintendent  of  banks  may  be  made  by 
any  party  interested  in  filing  a  copy  of  such  objections  with  the  superintendent  of 
banks,  who  shall  present  the  same  to  the  superior  court  at  the  time  of  the  next  appli- 
cation  to   declare   a   dividend.     The   court   to  which   such   application  is   made   shall 
thereupon  dispose  of  said  objections  or  may  order  a  reference  for  that  purpose,  and 
should  the  objections  to  any  claim  be  sustained  by  the  court  or  by  the  referee,  such 
claim  shall  not  be  allowed  by  the  superintendent  of  banks  until  the  claimant  shall 
have  established  his  claim  by  the  judgment  of  a  court  of  competent  jurisdiction.     The 
court  must  make  proper  provision  for  uu^jroved  or  unclaimed  deposits. 


219  BANKS   AND   BANKING.  Act  409,  §  130 

Should  any  bank  at  the  time  the  superintendent  of  banks  takes  possession  of  its 
property  and  business,  have  in  its  possession,  as  bailee  for  safekeeping  and  storage, 
any  jewelry,  plate,  monej'^,  specie,  bullion,  stocks,  bonds,  securities,  valuable  papers 
or  other  valuable  personal  property  or  should  it  have  rented  any  vaults,  safes  or  safe 
deposit  boxes  or  any  portion  thereof  for  the  storage  of  property  of  any  kind,  the 
superintendent  of  banks  may  at  any  time  thereafter  cause  to  be  mailed  to  the  person 
claiming  to  be  or  appearing  upon  its  books  to  be  the  owner  of  such  property,  or  the 
person  in  whose  name  the  safe,  vault  or  box  stands,  a  notice  in  writing  in  a  securely 
closed,  postpaid  registered  letter,  directed  to  such  person  at  his  postofflce  address  as 
recorded  upon  its  books,  notifying  such  person  to  remove,  within  a  period  fixed  by 
said  notice  and  not  less  than  sixty  days  from  the  date  thereof,  all  such  personal 
property  and  upon  the  date  fixed  by  said  notice,  the  contract,  if  anj^  between  such 
person  and  bank  for  the  storage  of  said  property  or  for  the  use  of  the  said  safe,  vault 
or  box  shall  cease  and  determine,  and  the  amount  of  the  unearned  rent  or  charges,  if 
any,  paid  by  such  person  shall  become  a  debt  of  the  bank  to  said  person.  If  the 
property  be  not  removed  within  the  time  fixed  by  the  notice,  the  superintendent  of 
banks  may  make  such  disposition  of  said  property  as  the  superior  court,  upon  appli- 
cation thereto,  shall  direct.  And  the  superintendent  of  banks  may  cause  any  safe, 
vault  or  box  to  be  opened  in  his  presence  or  in  the  presence  of  one  of  the  special 
deputy  superintendents  of  banks,  and  of  a  notary  public  not  an  officer  or  in  the  employ 
of  the  bank  or  of  the  superintendent  of  banks,  and  the  contents  thereof,  if  any,  to  be 
sealed  up  by  such  notary  public  in  a  package  upon  which  such  notary  public  shall 
distinctly  mark  the  name  and  address  of  the  person  in  whose  name  such  safe,  vault 
or  box  stands  upon  the  books  of  the  bank  and  shall  attach  thereto  a  list  and  descrip- 
tion of  the  property  therein;  and  the  package  so  sealed  and  addressed,  together  with 
the  list  and  description,  may  be  kept  by  the  superintendent  of  banks  in  one  of  the 
general  safes  or  boxes  of  the  bank  until  delivered  to  the  person  whose  name  it  bears, 
or  until  otherwise  disposed  of  as  directed  by  the  court.  Whenever  any  such  bank  of 
whose  property  and  business  the  superintendent  of  banks  has  taken  possession  as 
aforesaid,  deems  itself  aggrieved  thereby,  it  may,  at  any  time  within  ten  days  after 
such  taking  possession,  apply  to  the  superior  court  in  the  county  in  which  the  prin- 
cipal office  of  such  bank  is  located  to  enjoin  further  proceedings;  and  said  court,  after 
citing  the  superintendent  of  banks  to  show  cause  why  further  proceedings  should  not 
be  enjoined,  and  hearing  the  allegations  and  proofs  of  the  parties  and  determining  the 
facts  may,  upon  the  merits,  dismiss  such  application  or  enjoin  the  superintendent  of 
banks  from  further  proceedings,  and  direct  him  to  surrender  such  business  and  prop- 
erty to  such  bank.  An  appeal  as  above  provided  shall  operate  as  a  stay  of  the  judgment 
of  the  superior  court,  and  no  bond  need  be  given  if  the  appeal  be  taken  by  the  superin- 
tendent of  banks;  but  if  the  appeal  be  taken  by  such  bank,  a  bond  shall  be  given,  as 
required  by  section  nine  hundred  forty-three  of  the  Code  of  Civil  Procedure.  When- 
ever the  superintendent  of  banks  shall  have  paid  to  each  and  every  depositor  and 
creditor  of  such  bank  whose  claim  or  claims  as  such  creditor  or  depositor  shall  have 
been  duly  proved  and  allowed,  the  full  amount  of  such  claims,  and  shall  have  made 
proper  provision  for  unclaimed  and  unpaid  deposits  or  dividends,  and  shall  have 
paid  all  the  expenses  of  the  liquidation,  the  superintendent  of  banks  shall  call  a 
meeting  of  the  stockholders  of  such  bank  giving  notice  thereof  for  thirty  days  in  one 
or  more  newspapers  published  in  the  county  where  the  principal  office  of  such  bank 
is  located.  At  such  meeting  the  stockholders  shall  determine  whether  the  superin- 
tendent of  banks  shall  be  continued  as  liquidator  and  shall  wind  up  the  affairs  of  such 
bank,  or  whether  an  agent  or  agents  shall  be  elected  for  that  purjjose,  and  in  so 
determining  the  said  stockholders  shall  vote  by  ballot,  in  person  or  by  proxy,  each 
share  of  stock  entitling  the  holder  to  one  vote,  and  the  majority  of  the  stock  shall  be 
necessary  to  a  determination.     In  case  it  is  determined   to  continue   the  liquidation 


Act  409.  §§  ISGo,  13Cb  *     .NERAL   LAWS.  220 

under  the  superintendent  of  b?/*is,  he  shall  complete  the  liquidation  of  the  affairs 
of  such  bank,  and  after  pay"/*/  the  expenses  thereof,  shall  distribute  the  proceeds 
among  the  stockholders  in  '^r-' /portion  to  the  several  holdings  of  stock  in  such  manner 
and  upon  such  notice  as  ;ply  be  directed  b^'  the  superior  court.  In  case  it  is  deter- 
mined to  appoint  an  ag^nt  or  agents  to  liquidate,  the  stockholders  shall  thereupon 
select  such  agent  or  aA,'ents  by  ballot,  a  majority  of  the  stock  present  and  voting,  in 
person  or  by  proxy,  oeing  necessary  to  a  choice.  Such  agent  or  agents  shall  execute 
and  file  with  the  'superintendent  of  banks  a  bond  to  the  people  of  the  state  in  such 
amount,  with  such  sureties  and  in  such  form  as  shall  be  approved  by  the  superin- 
tendent of  banks,  conditioned  for  the  faithful  performance  of  all  the  duties  of  his  or 
their  trust,  and  thereupon  the  superintendent  of  banks  shall  transfer  and  deliver  to 
such  agent  or  agents  all  the  undivided  and  uncollected  or  other  assets  of  such  bank 
then  remaining  in  his  hands;  and  upon  such  transfer  and  delivery,  the  said  superin- 
tendent of  banks  shall  be  discharged  from  any  and  all  further  liability  to  such  bank 
and  its  creditors.  Such  agent  or  agents  shall  convert  the  assets  coming  into  his  or 
their  possession  into  cash,  and  shall  account  for  and  make  distribution  of  the  property 
of  said  bank  as  is  herein  provided  in  the  case  of  distribution  by  the  superintendent  of 
banks,  except  that  the  expenses  thereof  shall  be  subject  to  the  direction  and  control 
of  a  court  of  record  of  competent  jurisdiction.  In  ease  of  the  death,  removal  or  refusal 
to  act  of  any  such  agent  or  agents,  the  stockholders,  on  the  same  notice,  to  be  given 
by  the  superintendent  of  banks  upon  proof  of  such  death,  removal  or  refusal  to  act 
being  filed  with  him,  and  by  the  same  vote  hereinbefore  provided,  may  elect  a  suc- 
cessor, who  shall  have  the  same  powers  and  be  subject  to  the  same  liabilities  and 
duties  as  the  agent  originally  elected.  Dividends  and  unclaimed  deposits  remaining 
unpaid  in  the  hands  of  the  superintendent  of  banks  for  six  months  after  the  order  for 
final  distribution  shall  be  by  him  deposited  with  the  state  treasurer  in  the  same 
manner  and  subject  to  the  same  disposition  as  provided  for  in  section  one  thousand 
two  hundred  thirtj^-four  of  the  Code  of  Civil  Procedure.  The  superintendent  of  banks 
may  pay  over  the  moneys  so  held  by  him  to  the  persons  respectively  entitled  thereto 
upon  being  furnished  satisfactory  evidence  of  their  right  to  the  same.  In  cases  of 
doubt  or  conflicting  claims  he  may  require  an  order  of  the  superior  court  authorizing 
and  directing  the  payment  thereof.  [Amendment  approved  May  6,  1913.  Stats.  1913, 
p.  192.] 

Bank  ceasing  to  exist. 

§  136a.  Any  bank  which  has  ceased  to  do  a  banking  business  whether  through 
voluntary  action  on  its  part  or  through  expiration  of  its  corporate  existence,  shall 
immediately  liquidate  its  affairs  and  any  unclaimed  deposits  or  dividends  shall  be 
paid  into  the  state  treasury  in  the  manner  and  for  the  purposes  provided  in  section 
one  hundred  thirty-six  of  this  act  within  six  months  after  the  date  such  bank  ceased 
to  conduct  a  banking  business,  and  in  case  the  superintendent  of  banks  shall  have 
reason  to  conclude  that  the  liquidation  of  such  bank  is  not  being  safely  or  expedi- 
tiously conducted,  he  may  take  possession  of  the  property  of  such  bank  and  liquidate 
its  affairs  in  the  same  manner  as  provided  in  section  one  hundred  thirty-six  of  this 
act.  Whenever  any  bank  of  whose  property  the  superintendent  of  banks  has  taken 
possession  as  aforesaid,  deems  itself  aggrieved  thereby,  it  may  within  the  time  and  in 
like  manner  and  effect  as  provided  in  section  one  hundred  thirty-six  of  this  act  apply 
to  the  superior  court  to  enjoin  further  proceedings.  [New  section  approved  May  6, 
1913.    Stats.  1913,  p.  198.] 

Jurisdiction  in  superior  court. 

§  136b.  In  any  action  or  proceeding  brought  under  any  provision  of  this  act,  exclu- 
sive ori""inal  jurisdiction  shall  be  vested  in  the  superior  court  of  the  county  in  which 


£21  BA     4.      A5  /    Ma.VKIXG.  Act  400,  §§  137,  138 

is  located  the  principal  place  of  business  of  the  bank  affected  thereb}',  and  all  pro- 
ceedings relating  to  the  same  matter,  under  any  jDrovision  of  this  act,  including 
proceedings  for  liquidation  of  Vhe  affairs  of  any  such  bank,  shall  be  filed  with  and 
treated  as  a  part  of  the  record  in  such  original  proceedings,  and  all  papers  relating 
to  any  such  action  or  proceeding,  including  the  copy  of  certificate  of  appointment  of  any 
special  deputy  and  the  inventories  required  to  be  filed  in  the  matter  of  any  such 
liquidation,  shall  be  filed  with  and  made  a  part  of  the  record  of  such  original 
proceeding  without  the  pajnnent  of  any  additional  fees  therefor,  and  in  any  such  action 
no  damage  may  be  awarded,  but  the  action  otherwise  shall  be  tried  and  determined 
according  to  the  provisions  of  the  Code  of  Civil  Procedure.  [New  section  api^roved 
May  6,  1913.     Stats.  1913,  p.  198.] 

Right  to  dissolve.    Discharge  of  receiver.    Unclaimed  moneys  escheat.    Invested. 

§  137.  1.  Any  bank  shall  have  the  right,  on  application  of  the  stockholders  or 
members,  to  apply  to  the  superior  court  of  the  county  wherein  its  principal  place 
of  business  is  situated,  to  dissolve  said  bank  in  the  manner  provided  for  in  title  six, 
part  three  of  the  Code  of  Civil  Procedure. 

2.  At  the  expiration  of  four  months  after  the  settlement  of  the  final  account  of  the 
receiver  of  any  bank  appointed  prior  to  July  1,  1909,  any  dividends  due  depositors,  or 
other  creditors,  or  stockholders  of  such  bank  and  remaining  unpaid  or  uncalled  for 
and  in  the  hands  of  such  receiver  may  be  paid  by  him  into  the  treasuiy  of  the  county 
in  which  such  bank  is  situated  which  mone}'  shall  be  held  in  the  treasury  of  said 
county,  and  at  the  same  time  it  shall  be  the  duty  of  such  receiver  to  furnish  to  the 
county  treasurer  of  said  county  a  list  of  names  of  all  depositors  or  other  persons  to 
whom  such  money  belongs  or  who  are  entitled  thereto  and  thereupon  such  receiver 
shall  be  entitled  to  his  discharge. 

3.  The  moneys  referred  to  in  subdivision  two  of  this  section  shall  be  paid  out  on 
the  order  of  the  court  appointing  such  receiver. 

4.  All  moneys  paid  under  subdivision  two  of  this  section,  uncalled  for  within  five 
years  after  being  paid  in,  shall  by  operation  of  law,  and  without  action  had,  escheat 
to  the  state.  All  moneys  held  by  any  county  treasurer  under  subdivision  two  of  this 
section,  when  such  moneys  have  escheated  to  the  state  as  hereinbefore  provided,  shall 
be  paid  by  the  county  treasurer  into  the  state  treasury,  and  thereafter  only  be  drawn 
out  in  such  manner  as  may  be  provided  for  by  law  for  the  estates  of  deceased  persons 
escheated  to  this  state. 

3.  The  state  board  of  control  must  invest  such  moneys  in  the  same  manner  that 
the  state  school  land  fund  is  invested  as  provided  by  law.  But  any  claimant  shall  be 
entitled  to  recover  as  herein  provided  only  the  principal  so  paid  into  the  state  treasury. 
[Amendment  approved  May  6,  1913.    Stats.  1913,  p.  198.] 

This  section  was  also  amended  April  21,  1911,  Stats.  1911,  p.  958. 

Penalty  for  failure  to  report. 

%  138.  If  any  bank  shall  fail  to  make  any  report  required  by  the  provisions  of 
section  one  hundred  thirty  or  one  hundred  thirty  a  of  this  act,  within  ten  days  from 
the  day  designated  for  the  making  thereof  by  the  superintendent  of  banks,  or  to 
include  therein  any  matter  required  by  the  provisions  of  either  of  said  sections,  it 
shall  forfeit  to  the  people  of  the  state  the  sum  of  one  hundred  dollars  for  each  day 
that  any  such  report  shall  be  so  delayed  or  Avithheld  by  the  failure  or  neglect  of  such 
bank.  In  the  event  of  the  failure  of  any  such  bank  to  make  any  such  report  required 
from  it,  the  superintendent  of  banks  may,  in  his  discretion,  immediately  cause  the 
books,  papers  and  affairs  of  such  bank  to  be  examined  at  the  expense  of  such  bank. 
[Amendment  approved  May  6,  1913.     Stats.  1913,  p.  199.] 


Aot  409.  §  139  GGNERAL    LAWS.  232 

Duty  of  toard  of  directors.     Report. 

§  139.  It  shall  be  the  duty  of  the  board  of  directors  of  every  bank  to  examine  fully, 
or  to  cause  a  committee  of  at  least  three  of  its  members,  none  of  whom  shall  be  an 
officer  of  the  bank,  to  examine  fully  into  the  books,  papers  and  affairs  of  the  bank  of 
which  they  are  directors,  and  particularly  into  the  loans  and  discounts  thereof,  with 
a  special  view  to  ascertaining  the  value  and  security  thereof,  and  of  the  collateral 
security,  if  any  given,  in  connection  therewith,  and  into  such  other  matters  as  the 
superintendent  of  banks  may  require;  such  examination  to  be  made  at  least  once  a 
year,  but  no  such  subsequent  yearly  examinations  shall  be  made  within  three  months 
of  the  next  preceding  examination.  Such  directors  shall  have  power  to  employ  such 
assistance  making  such  examinations  as  they  may  deem  necessary.  Within  thirty 
days  after  the  completion  of  such  examination,  a  report  in  writing  thereof,  sworn  to 
by  the  directors  making  the  same,  shall  be  made  by  the  board  of  directors  of  such  bank 
and  placed  on  file  with  the  records  of  said  bank,  and  shall  be  subject  to  examination 
by  the  superintendent  of  banks. 

Contents  of  report. 

Such  report  shall  particularly  contain  a  statement  of  the  assets  and  liabilities  of 
the  bank  examined,  as  shown  by  its  books,  together  with  any  deductions  from  the 
assets,  or  additions  to  liabilities  which  such  directors  or  committee,  after  such  examina- 
tion, may  determine  to  make.  It  shall  also  contain  a  statement,  in  detail,  of  loans,  if 
any,  which  in  their  opinion  are  worthless  or  doubtful,  together  with  their  reasons  for 
so  regarding  them;  also  a  statement  of  loans  made  on  collateral  security,  which  in 
their  opinion  are  insufficiently  secured,  giving  in  each  case  the  amount  of  the  loan,  the 
name  and  market  value  of  the  collateral,  if  it  has  any  market  value,  and,  if  not,  a 
statement  of  that  fact,  and  its  actual  value  as  nearly  as  possible.  Such  report  shall 
also  contain  a  statement  of  overdrafts,  of  the  names  and  amounts  of  such  as  they 
consider  worthless  or  doubtful,  and  a  full  statement  of  such  other  matters  as  affect 
the  solvency  and  soundness  of  the  bank. 

When  no  examination  made. 

If  the  directors  of  such  bank  shall  fail  to  make  such  examination  or  fail  to  cause 
it  to  be  made,  or  shall  fail  to  file  such  report  of  such  examination  in  the  manner  and 
within  the  time  specified,  the  superintendent  of  banks  shall  have  authority  to  make  o 
cause  to  be  made  an  extra  examination  of  such  bank,  at  the  expense  of  such  bank. 

Special  examination  hy  superintendent  of  banks. 

Whenever  the  board  of  directors  of  any  bank  may  determine  by  resolution,  duly 
entered  in  its  minutes,  that  a  special  examination  shall  be  made  or  caused  to  be  made 
by  the  superintendent  of  banks  in  lieu  of  the  examination  herein  required  to  be  made 
by  the  board  of  directors  of  such  bank,  a  certified  copy  of  such  resolution  shall  be 
transmitted  to  the  superintendent  of  banks,  whereupon  it  shall  be  the  duty  of  the 
superintendent  of  banks  to  make  or  cause  to  be  made  a  special  examination  of  the 
affairs  of  such  bank  in  lieu  of  the  examination  of  such  bank  by  the  board  of  directors 
thereof.  Such  special  examination  shall  be  made  at  such  time  as  the  superintendent 
of  banks  may  determine  but  in  any  event  such  examination  shall  be  made  within  sixty 
days  after  the  receipt  by  the  superintendent  of  banks  of  the  resolution  hereinbefore 
referred  to.  The  cost  of  making  such  examination  shall  be  a  charge  against  the  bank 
for  which  such  examination  is  made. 

Report. 

Upon  the  completion  of  such  examinntion  the  superintondont  of  banks  shall  caus« 
a  report  thereof  in  writing  to  be  prepared  and  delivered  to  the  board  of  directors  of 


223  BANKS   AND  BANKING.  Act  409,  §§  140,  141 

such  bank  at  such  time  as  may  be  fixed  by  the  superintendent  of  banks,  but  not  later 
than  thirty  days  after  the  completion  of  such  examination.  [Amendment  of  May  17, 
1917.     In  effect  July  27,  1917.     Stats.  1917,  p.  619.) 

This  section  was  also  amended  May  6,  1913,  Stats.  1913,  p.   200. 

Report  of  superintendent  to  governor. 

^  140.  The  superintendent  of  banks  shall  report  during  the  month  of  October  of 
each  year,  to  the  governor,  for  submission  to  the  next  ensuing  session  of  the  legislature ; 

1.  A  summary  of  the  state  and  condition  of  every  bank  required  to  report  to  him, 
and  from  which  reports  have  been  received  the  preceding  year,  with  an  abstract  of  the 
whole  amount  of  capital  returned  by  them,  the  whole  amount  of  their  debts  and  lia- 
bilities, and  the  total  amount  of  means  and  resources,  specifying  the  amount  of  specie 
held  by  them  at  the  time  of  the  last  report  to  him,  and  such  other  information  in 
relation  to  such  banks  as,  in  his  judgment,  may  be  useful. 

2.  A  statement  of  all  banks  authorized  by  him  to  do  business  during  the  previous 
year,  with  their  names  and  locations  and  dates  of  incorporation,  and  particularly 
designated  such  as  have  commenced  business  during  the  year. 

3.  A  statement  of  the  banks  whose  business  has  been  closed  during  the  year. 

4.  Anj'  amendments  to  the  banking  law,  which,  in  his  judgment,  may  be  desirable. 

5.  The  names  and  compensation  of  all  persons  employed  by  him,  and  the  whole 
amount  of  the  receipts  and  expenses  of  the  department  during  the  year. 

6.  The  names  of  banks  placed  in  his  hands  in  process  of  liquidation,  and  the  amount 
of  dividends  paid  thereon. 

Such  report,  and  the  usual  number  of  copies  for  the  use  of  the  legislature,  shall 
be  printed  and  in  readiness  for  distribution  by  the  state  printer,  and  one  thousand 
copies  shall  be  printed  for  the  use  of  the  department,  the  expense  of  which  shall  be 
charged  among  the  general  expenses  of  the  department. 

Weekly  bulletin  to  be  posted  by  superintendent:  items  of.    Bulletins,  file  of. 

4  141.  1.  The  superintendent  of  banks  shall  keep  in  his  office,  in  a  place  accessible 
to  the  general  public,  a  bulletin-board  upon  which  he  shall  cause  to  be  posted  at  noon 
on  Friday  of  each  week  a  detailed  statement,  signed  by  him  or,  in  case  of  his  absence; 
from  San  Francisco  or  inability  to  act,  by  the  deputy  superintendent  in  charge,  givin^r 
the  following  items  of  general  information  with  regard  to  the  work  of  the  department 
since  the  preceding  statement : 

(a)  The  name  of  everj'^  hank  that  has  filed  in  the  banking  department  an  application 
for  authorization  to  conmience  business,  its  location  and  the  date  of  filing  of  sucb 
application. 

(b)  The  name  and  location  of  every  bank  authorized  by  the  superintendent  of  banks 
to  commence  business,  its  capital,  surjilus,  and  the  date  of  authorization. 

(c)  The  name  of  every  bank  to  which  a  certificate  of  authorization  has  been  refused 
by  the  superintendent  of  banks,  and  the  date  of  notice  of  refusal. 

(d)  The  name  and  residence  of  every  person  appointed  by  the  superintendent  of 
banks  as  a  deputy,  examiner  or  emploj^ee  in  the  banking  department,  the  title  of  the 
office  to  which  appointed,  the  compensation  paid,  and  the  date  of  appointment. 

(e)  The  date  on  which  a  call  for  a  report  by  banks  was  issued  b}'  the  superintendent 
of  banks,  and  the  day  designated  as  the  day  with  reference  to  which  such  report  should 
be  made. 

(f)  The  name  and  location  of  every  bank  whose  creditors  or  depositors  have  been 
])aid  in  full  by  the  superintendent  of  banks  and  a  meeting  of  whose  stockholders  shall 
have  been  called,  together  with  date  of  notice  of  meeting  and  date  of  meeting. 

(g)  The  name  and  location  of  every  bank  subject  to  the  banking  law  whose  affairs 
and  business  shall  have  been  finally  liquidated,  or  in  course  of  liquidation. 


Act  409,  §§  142-145  GENERAL.   LAWS.  224 

(h)  The  name  and  location  of  everj'^  bank  which  has  applied  for  approval  of  a 
change  of  name,  and  the  name  proposed. 

2.  Every  such  bulletin,  after  having  been  posted  as  aforesaid  for  one  week,  shall 
be  placed  on  a  file  for  such  statements,  to  be  kept  in  the  office  of  the  superintendent 
of  banks.  All  such  statements  shall  be  public  documents,  and  at  all  reasonable 
times  shall  be  open  to  public  inspection  during  usual  banking  hours. 

Records  deemed  public  documents.     Official  reports  prima  facie  evidence. 

§  142.  None  of  the  records  of  the  state  banking  department  shall  be  deemed  to  bo 
public  documents  nor  shall  any  of  such  records  be  open  to  the  inspection  of  the  public. 
Every  official  report  made  by  the  superintendent  of  banks  and  every  report  duly  verified 
of  an  examination  made,  shall  be  prima  facie  evidence  of  the  facts  therein  stated,  for 
all  purposes  in  any  action  or  proceedings  wherein  the  superintendent  of  banks  is  a 
party.     [Amendment  of  May  15,  1919.    In  effect  July  22,  1919.    Stats.  1919,  p.  658.] 

This  section  was  also  amended  May  17,  1917,  Stats.  1917,  p.  620. 

Neglect  of  duty  by  superintendent. 

$  143.     [Repealed  May  6,  1913.    Stats.  1913,  p.  200.] 

Action  for  recovering  forfeitures.    Fines  may  be  compromised. 

^  144.  Whenever  by  the  terms  of  this  act  a  penalty  or  forfeiture  is  imposed,  the 
same  shall  be  recovered  in  an  action  brought  at  the  request  of  the  superintendent  of 
banks  by  the  attorney  general,  in  the  name  of  the  people  of  the  state,  and  the  sum 
recovered  shall  be  paid  into  the  state  banking  fund  and  used  in  payment  of  claims 
against  the  said  fund.  Any  fine  or  pecuniary  penalty,  which  may  be  incurred  by  any 
bank  on  account  of  the  violation  of  any  provision  of  this  act,  may  be  compromised  and 
a  less  amount  than  that  prescribed  by  this  act  accepted  by  the  superintendent  of  banks 
at  any  time  prior  to  the  institution  of  action  -to  recover  the  same.  [Amendment  of 
June  3,  1915.    In  effect  August  8,  1915.     Stats.  1915,  p.  1134.] 

Powers  abridged,  enlarged  or  modified.    Investments  made  prior  to  July  1,  1909. 

§  145.  The  powers,  privileges,  duties  and  restrictions  conferred  and  imposed  upon 
any  corporation  or  individual  existing  and  doing  business  under  the  laws  of  this  state 
are  hereby  abridged,  enlarged  or  modified  as  each  particular  case  may  require  to  con- 
form to  the  provisions  of  this  act,  notwithstanding  anj'thing  to  the  contrary  in  their 
respective  articles  of  incorporation  or  charters.  All  the  provisions  of  this  act  shall 
apply  with  equal  force  and  effect  to  all  corporations  which  are  now  doing  or  which  may 
hereafter  do  a  banking  business  in  this  state,  except  where  express  exception  or  exemp- 
tion may  be  made  herein,  and  to  such  other  persons,  associations,  copartnerships  or 
coi'porations  who  shall,  by  violating  any  of  its  provisions,  become  subject  to  the  penal- 
ties provided  herein.  The  legality  of  investments  heretofore  made,  or  title  to  property 
heretofore  acquired  or  conveyed  through  transactions  heretofore  had  by  any  bank 
pursuant  to  any  provision  of  law  in  force  when  such  investments  were  made  or  trans- 
actions had,  shall  not  be  affected  by  the  provisions  of  this  act,  except  that  any  such 
investments  made  prior  to  July  1,  1909,  when  not  complying  with  the  provisions  hereof, 
shall  be  changed  to  conform  hereto;  but  such  change  shall  be  made  gradually  and  in 
such  manner  as  to  prevent  loss  or  embarrassment  in  the  business  of  such  bank,  or 
unnecessary  loss  or  injury  to  the  borrowers  on  such  security ;  provided,  that  the  legality 
of  any  investments  heretofore  lawfully  made,  pursuant  to  the  provisions  of  this  act  as 
it  existed  on  and  subsequent  to  July  1,  1909,  shall  not  be  affected  by  the  provisions  of 
this  section.  [Amendment  of  May,  17,  1917.  In  effect  July  27,  1917.  Stats.  1917, 
p.  620.] 

This  section  was  also  amended  May  6,  1913,  Stats.   1913,   p.   200;  and  June   3,   1915,  Stats. 
1915,   p.   1134, 


BANKS  AND  BAMvING. 


Act  4Ui>,  §S  146,  147 


Couficting  laws  repealed. 

$  146.    All  acts,  or  parts  of  acts,  in  conflict  with  tliis  act  are  hereby  repealed. 

Act  takes  effect  when. 

$  147.    This  act  shall  take  effect  July  first,  1909. 


I.    THE  BANK  ACT. 

o.    Constitutionality. 

1,2.     Title  of  "bank  commissionera  act." 

3.  Act  of  1903. 

4.  Due  process — Equal  protection, 

5.  Same — Initial  taking. 

6.  Police  power. 

7.  Same — Business   of   banking. 

8.  Depriving  superior  court  of  jurisdic- 

tion   in    insolvency — Privileges   and 
immunities — Special   legislation. 

9.  Limitation     of     ten     days     to     bring 

action. 

10.  Same. 

11.  Liability    of    stockholders    under    the 

act. 

XL    CONSTEUCTION  AND  EFFECT. 

12.  Act  applies  to  all  banks,  whenever  in- 

corporated. 
13,  14.     Insolvent   act    superseded    by   * '  bank 
commissioners  act. ' ' 

15.  Act  of  1876  not  repealed  by  "bank 

commissioners  act. ' ' 

nL     STATE  BANKING  DEPARTMENT, 
o.  Commissioners — Powers- — Duties. 

16.  Power  to  supervise. 

17.  Examination  of  banks. 

18.  Vacancy  in  olBce  of  commissioner. 

19.  Commissioner  not  invested   with   sov- 

ereignty of  state — Laches  imputed. 

6.    Regulations. 

20.  Loan  in  excess  of  statutory  limit. 

21.  Withdrawal  of  savings  bank  deposit 

by  public  administrator. 

22.  Power  to  contract  debt  for  borrowed 

money. 

23.  Deposit    of    bonds    as    trustee,    with- 

drawal. 
23a.  Escheat    of    bank    deposit    unclaimed 

for  twenty  years. 
23b.  Non-demand     of     bank     deposit     for 

twenty  years — Jurisdictional  fact. 
23c.  Joint  bank  deposits — Inheritance  tax. 
23d.  Same — Right  of  survivorship. 

IV.  UNSAFE  CONDITION  OF  BANK. 
a.  Superintendent  of  banks — Attorney  general. 

24.  Statutory  custodian. 

25.  Attorney  general,  action  by. 

26.  Same — Motion  for  new  trial  by  bank. 

27.  Same — Procedure. 

28.  Same — Negligence,  incompetence,  mis- 

management, fraud. 

V.    INSOLVENCY. 
a.  Proceedings,  commencement  of, 

29.  Action     for    debt    against    insolvent 

bank. 

30.  Complaint — Allegation   of  insolvency. 

h.  Jurisdiction  of  stiperior  court. 

31.  Source  and  scope  of  jurisdiction. 
Gen.  Laws — 15 


32.  Possession    of    directors    can    not    be 

ousted. 

33.  Jurisdiction  to  fill  vacancies  on  board 

of   directors. 
33a,  34.  Injunction   from   transacting   further 
business. 

35.  Same — Until  further  order. 

36.  Until  in  liquidation,   bank  independ- 

ent of  court. 

c.  Directors  as  trustees. 

37.  Failure  to  perform  trust  only  cause  of 

action   against   directors. 
37a.  Action  against  directors  in  own  name. 

38.  Directors  are   responsible  for  closing 

up  affairs  of  bank. 

39.  Personal    conduct    by    commissionera 

not  contemplated  by  act. 

d.  Stockholders'  liability. 

40.  Suit  to   enforce. 

41.  No  part  of  assets  of  bank. 

42.  Meaning  of  act. 

42a.  Dismissal     of     action     to     enforce — 
Laches. 

e.   Assessments  on  unpaid  stock. 

43.  Levy  of  assessment — Failure  to  pay. 

44.  Power  of  directors  to  assess — Statute 

of  limitations. 
45-  47.     Statutory  provisions  as  to  assessments 
— Not  affected  by  by-laws. 

48.  Unpaid     subscriptions     to     stock     as 

assets. 

49.  Same — Same — Directors  may  assess. 

50.  Same — Constitute  equitable  fund. 

51.  Accrual   of   right   of   action — Statute 

of  limitations. 

52.  Same — Notice  to  pay. 

53.  Recovery  from  transferee  of  stock. 

54.  Set  off — Amounts  paid  on  stockhold- 

er's liability. 
54a.  Assessment  to  pay  debts. 
54b.  Same — Injunction     not     to     transact 

further  business. 

f.  Judgment. 

55.  "When  final. 

56.  Same — Repeal  of  act. 

57.  Same — Same — Pending  new  trial  pro- 

ceedings. 

58.  Same — Same — Abatement  of  proceed- 

ings. 

59.  Same  —  Same  —  New  trial  —  Stay  of 

proceedings. 

60.  Same — Same — Power   of   directors   to 

levy  assessment. 

g.  Appeal  and  error. 

61.  Superintendent  of  banks,  appeal  bj. 
62,  63.     Same — Stay  bond  by. 

64.  Bank,  appeal  by. 

h.   Sale  of  bank  property. 

65.  Judicial  sale — Caveat  emptor. 

66.  Conveyance  of  bank  property  by  sq- 

perinteudent  of   banks — Taxes. 


Act  409,  8  147 


GK^VERAL,   LAWS. 


226 


VI.    MISCELLANEOUS. 
a.    Attachment. 

67.  Eight  of  against  insolvent  bank  does 

not  exist. 

68.  Same — Code  provisions   inconsistent. 

&.  Beceiver. 

69.  Act  itself  notice  of  appointment. 

c.  Finding  of  insolvency, 

70.  Sustained  by  evidence. 

d.  Number  of  employees. 

71.  Maximum  number — Minimum  salaries. 
e.  N on-stocTcholding  depositor. 

72.  Preference— Act  of  1862. 

a.  Constitutionality. 

1.  The  title  of  the  "bank  commissioners 
act"  sufficiently  expresses  the  subject  of  thei 
act  and  is  sufficiently  general  in  its  scope. 
It  need  not  embrace  an  abstract  of  the  con- 
tents of  the  act. — People  ex  rel.  Gerberding 
V.  Superior  Court,  100  Cal.  105,  34  Pac.  492. 

2.  Same. — Title  of  act  is  sufficient,  within 
the  requirements  of  section  24,  article  IV  of 
the  constitution.  —  People  v.  Bank  of  San 
Luis  Obispo,   154  Cal.  194,  97  Pac.   306. 

3.  Act  is  constitutional. — The  bank  act  of 
1903  is  constitutional. — People  v.  Bank  of 
San  Luis  Obispo,  154  Cal.  194,  97  Pac.  306; 
Same  v.  Same,  159  Cal.  65,  Ann.  Cas.  19i2B, 
1148,   37  L.   R.  A.    (N.  S.)    934,   112   Pac.   866. 

4.  Due  process  —  E^qual  protection. — The 
summary  seizure  and  liquidation  provided 
for  in  the  banking  act  does  not  render  that 
act  invalid  as  in  violation  of  the  due  process 
and  equal  protection  clauses  of  the  four- 
teenth amendment  to  the  federal  constitu- 
tion.— State,  etc..  Bank  v.  Anderson,  165 
Cal.  437.  440,  L.  R.  A.  1915E,  675,  132  Pac. 
755. 

5.  Same. — The  initial  taliing  authorized 
by  the  banking  act  is  not  intended  as  a  per- 
manent divestment  of  the  title  of  the  bank 
to  its  property. — State,  etc.,  Co.  v.  Anderson, 
165  Cal.  437,  447,  L.  R.  A.  1915E,  675,  132 
Pac.   755. 

6.  Police  power.  —  The  bank  act  deals 
solely  with  a  matter  pertaining  to  the  public 
vi^elfare,  and  within  the  police  power  of  the 
state  to  regulate,  and  the  regulations  pro- 
vided have  a  substantial  relation  to  and  are 
reasonably  designed  to  protect  and  safe- 
guard the  state  against  insecure  banking. — 
State,  etc.,  Bank  v.  Anderson,  165  Cal.  437, 
449,  L.  R.  A.  1915E,  675,   132  Pac.   755. 

7.  Same — Business  of  banking. — The  busi- 
ness of  banking  is  a  proper  and  legitimate 
subject  of  legislative  regulation  by  the  state 
in  the  exercise  of  its  police  power. — State, 
etc.,  Co.  V.  Anderson,  165  Cal.  437,  442, 
L.  R.  A.   1915B,   675,  132  Pac.   755. 

8.  Depriving  superior  court  of  Jurisdic- 
tion in  insolvency — Privileges  and  immuni- 
ties— Special  legislation. — The  "bank  com- 
missioners act"  is  not  unconstitutional  as 
depriving  the  superior  court  of  jurisdiction 
In  insolvency  matters,  nor  in  granting  spe- 
cial and  exclusive  rights,  privileges  or  im- 
munities to  particular  corporations,  nor  as 
special    or   local    legislation. — People    ex    rel. 


Gerberding  v.  Superior  Court,  100  Cal.  105, 
34  Cal.   492. 

9.  The    limitation    of    ten    days    to    bringr 

action  provided  by  the  bank  act  is  not  un- 
leasonable. — State,  etc..  Bank  v.  Anderson, 
165  Cal.  437,  447,  L.  R.  A.  1915B,  675.  132  Pac. 
755. 

10.  Same. — The  limitation  of  ten  days 
within  which  to  bring  an  action  provided 
for  in  section  136  of  the  banking  act  is  not 
violative  of  the  due  process  and  equal  pro- 
tection clauses  of  the  federal  constitution. — 
State,  etc..  Bank  v.  Anderson,  165  Cal.  437, 
440,  L.  R.  A.  1915E,  675.  132  Pac.  755. 

11.  Liability  of  stockholders  under  the 
act. — If  section  136  of  the  banking  act  was 
intended  by  the  legislature  to  include  the 
constitutional  liability  of  the  stockholders 
within  the  phrase  "individual  liability  of  the 
stockholders,"  it  would  be  obnoxious  to  sec- 
tion 24,  article  IV  of  the  constitution. — ■ 
Williams  v.  Carver,  171.  Cal.  658,  663,  154 
Pac.  472.  Constitutionality  of  state  banking 
statutes.     See  32  L.  R.  A.  (N.  S.)  1065. 

IL      CONSTRUCTION  AND  EFFECT. 

12.  Act  applies  to  all  banks,  w^henever 
incorporated. — Bank  commissioners  act  ap- 
plies to  all  banks  whenever  incorporated. — 
People  V.  Bank  of  San  Luis  Obispo,  154  Cal. 
194,  97  Pac.  306.  See  McGowan  v.  McDonald, 
111  Cal.  57,  43  Pac.  418. 

13.  Insolvent  act  superseded  by  "bank 
commissioners  act,"  as  to  banking  corpora- 
tions.— People  V.  Bank  of  San  Luis  Obispo, 
154  Cal.  194,  97  Pac.  306. 

14.  Same. — The  bank  commissioners  act 
held  to  supersede  the  insolvent  act  so  far  as 
banking  corporations  are  concerned. — Peo- 
ple ex  rel.  Gerberding  v.  Superior  Court,  100 
Cal.  105,  34  Pac.  492. 

15.  Act  of  1S7G  not  repealed  by  "bank 
commissioners  act." — The  act  of  April  1, 
1876,  requiring  banking  corporations  to  file 
in  recorder's  office  sworn  statements  as  to 
capital,  assets  and  liabilities,  was  not  re- 
pealed by  the  bank  commissioners  act. — 
Bank  of  British  North  America  v.  Cahn,  79 
Cal.  463,   21   Pac.   863. 

III.     STATE  BANKING  DEPARTMENT. 

a.  Commissioners — Powers — Duties. 

16.  Power  to  supervise, — Power  of  com- 
missioners to  supervise  the  affairs  of  an 
insolvent  bank  during  liquidation  is  the 
same  as  their  power  of  supervision  of  banks 
in  general,  and  the  "bank  commissioners 
act"  confers  no  power  to  assume  personal 
charge  of  such  bank  to  the  exclusion  of  its 
directors. — Long  v.  Superior  Court,  102  Cal. 
449,  36  Pac.  807. 

17.  Bxamination  of  banks.  —  Under  the 
act  of  1878,  commercial  banks  are  subject  to 
examination  by  the  bank  commissioners. — 
Wells,  Fargo  &  Co.  v.  Coleman.   53  Cal.   416. 

IS.  Vacancy  in  office  of  commissioner. — 
In  the  absence  of  a  provision  to  the  con- 
trary, when  there  is  a  vacancy  the  powers 
and  duties  of  the  commission  may  be  per- 
formed by  three  commissioners  constituting 
a  majority  of  the  board,  and  may  make  tlie 
unanimous  decision  that  "it  is  unsafe"  for  a 


BANKS  AND  BANKING. 


Act  409,  §  14-4 


bank  "to  continue  business."  —  People  v. 
Bank  of  San  Luis  Obispo,  154  Cal.  194,  97 
Pac.  806. 

19.  Commissioner  not  invested  vrith  sov- 
ereignty of  state  —  Laclies  imputed.  —  The 
state  bank  commissioner  is  not  invested 
with  the  sovereignty  of  the  state,  and  can 
not  invoke  the  rule  against  imputing  laches 
to  the  state  on  a  motion  to  dismiss  an  action 
brought  by  him  under  section  136  of  the 
bank  act,  for  unreasonable  delay  in  serving 
the  summons.- — Anderson  v.  Nawa,  25  Cal. 
App.   151,   143   Pac.   555. 

6.  Regulations. 

20.  Loan     In     excess     of     statutory     limit 

may  be  enforced  against  both  maker  and 
guarantor,  and  against  mortgaged  property 
given  as  security  therefor,  notwithstanding 
§§  1607  and  1667,  Civil  Code. — Blochman,  etc., 
Bank  v.  F.  G.  Investment  Co.,  177  Cal.  762, 
171  Pac.  943. 

21.  \Vithdrav«-al  of  savings  bank  deposits 
by  public  administrator. — The  provision  as 
to  withdrawal  of  funds  of  a  decedent  by  the 
public  administrator  on  the  order  of  the 
.iudge  of  the  superior  court,  creates  a  spe- 
cial right,  with  which  the  bank  must  com- 
ply, without  regard  to  any  conditions  re- 
quired by  the  contract  of  deposit  between 
the  bank  and  the  depositor,  provided  com- 
pliance would  not  impose  upon  the  bank  a 
liability  for  which  it  is  not  provided  that 
the  bank  shall  be  indemnified. — Bryson  v. 
Security,  etc..  Bank,  29  Cal.  App.  596,  156 
Pac.  987. 

22.  Povrer  to  contract  debt  for  borro^ved 
money. — A  bank  incorporated  under  the  act 
of  April  11,  1862,  has  no  power  to  contract 
debt  for  borrowed  money,  nor  for  money 
paid  out  at  its  request  by  a  stockholder  to 
discharge  its  obligation  to  a  stockholder, 
and  such  a  contract  is  ultra  vires  and  void, 
regardless  of  the  relation  of  the  stockholder 
to  the  bank. — Laidlaw  v.  Pacific  Bank,  137 
Cal.   392,    70   Pac.   277. 

2.^.  Deposit  of  bonds  as  trustee — With- 
drawal.— A  corporation  organized  to  act  as 
trustee,  guardian,  etc.,  and  do  a  general 
banking  business,  brought  itself  within  the 
scope  of  the  act  of  1891  (490)  and  the  sub- 
sequently enacted  bank  act;  and  having  de- 
posited bonds  for  the  purpose  of  obtaining 
a  certificate  of  authority,  can  not  there- 
after withdraw  such  bonds  without  divest- 
ing itself  of  its  powers  to  do  business,  in 
the  manner  prescribed  by  section  19  of  the 
act  of  1891  and  section  102  of  the  bank  act. 
—Spalding  Co.  v.  Roberts,  170  Cal.  175,  178, 
149   Pac.  41. 

23a.  Elsclieat  of  banlv  depiKsit  unclaimed 
for  twenty  years. — Until  the  attorney  gen- 
eral brings  an  action  for  such  deposit  on 
behalf  of  the  state,  a  claimant  may  bring 
suit  as  well  after  the  expiration  of  the 
("venty-year  period  as  before. — Mathews  v. 
Savings,   etc.,  Co.,    (Cal.)    184   Pac.    418. 

23b.  Non-demand  of  bank  deposit  for  20 
years  is  jurisdictional  fact.  —  Mathews  v. 
Savings,  eic,  Co.,   (Cal.)   184  Pac.  418. 

23o.  Joint  bank  depo.>«its  —  Inlierltance 
tax. — Joint  bank  account  not   subject  to  in- 


heritance  tax. — Estate  of  Gurnsey,   177  Cal. 
211,    170   Pac.   402. 

23d.  Same — Riglit  of  survivorsliip. — Under 
the  provisions  of  section  16  of  the  bank  act. 
Joint  deposits  created  under  the  conditions 
therein  prescribed  belong  to  the  survivor. — 
Williams  V.  Savings  Bank,  33  Cal.  App.  655, 
166  Pac.  366;  McDougald  v.  Boyd,  172  Cal. 
753,   159  Pac,  168. 

IV.     UNSAFE    CONDITION    OF    BANK. 

a.   Superintendent  of  banks — Attorney  general. 

24.  Statutory  custodian.  —  The  superin- 
tendent of  banks  takes  and  holds  property, 
under  the  banking  act,  as  a  satutory  custo- 
dian until  either  the  bank  brings  an  action 
to  test  the  validity  of  his  finding  that  it  is 
in  an  unsafe  or  unsound  condition,  under 
which  he  justifies  the  taking,  or,  through  a, 
failure  to  do  so  within  the  ten  day  limit, 
the  bank  admits  that  he  was  warranted  in 
making  the  seizure,  and  consents  to  liquida- 
tion, or  until  a  suit  to  enjoin  further  pro- 
ceedings and  for  the  restitution  of  the  prop- 
erty and  business  of  the  bank. — State,  etc.. 
Bank  v.  Anderson,  165  Cal.  437,  447,  L.  R.  A, 
1915E,  675,  132  Pac.  755. 

25.  Action  by  attorney  general.  —  The 
right  of  the  attorney  general  to  bring  the 
action  authorized  by  section  10  of  the  bank 
commissioners  act  is  not  affected  by  the  un- 
constitutionality of  the  provisions  of  that 
section  authorizing  the  bank  commissioners, 
on  their  own  determination,  and  without  no- 
tice, to  take  and  hold  possession  of  the  as- 
sets of  an  insolvent  bank,  admitting  such 
unconstitutionality. — People  v.  Bank  of  San 
Luis  Obispo,  154  Cal.  194,  97  Pac.  306. 

26.  Same — Motion  for  a  new  trial  by 
bank  in  an  action  by  tlie  attorney  general 
under  section  10  of  the  bank  commissioners 
act  may  be  made  by  the  bank,  there  being 
nothing  in  the  act  denying  that  right,  and 
procedure  provided  by  the  Code  of  Civil 
Procedure  governing. — People  v.  Bank  of 
San  Luis  Obispo,   152  Cal.  261,   92  Pac.   481. 

27.  Same — Procedure. — In  the  absence  of 
provisions  for  a  special  method  in  the  bank 
commissioners  act  the  action  provided  for  in 
section  10  is  to  be  commenced  and  prose- 
cuted according  to  the  provisions  of  the 
Code. — People  v.  Bank  of  San  Luis  Obispo, 
152  Cal.  261,  92  Pac.   481. 

28.  Same — Negligence,  incompetence,  mis- 
mansigement,  fraud. — Attorney  general  has 
no  power  under  the  bank  commissioners  act 
to  bring  an  action  to  enjoin  a  bank  from 
further  transaction  of  business  on  the 
ground  of  negligence.  Incompetence,  mis- 
management and  fraud,  on  behalf  of  indi- 
vidual stockholders  or  creditors. — People, 
etc..  Bank  v.  Superior  Court,  103  Cal.  27,  36 
Pac.   1015. 

V.     INSOLVENCY. 
a.  Proceedings,  commencement  of. 

29.  Action  for  debt  agAinst  insolvent 
bank. — Action  for  debt  against  an  insolvent 
bank  in  process  of  liquidation  under  tlie 
"bank  commissioners  act"  can  not  be  main- 
tained.— Argues  v.  Union,  etc..  Bank,  133  Cal. 
139,  65  Pac.  307. 


Act  409,  §  147 


GE}]VE:RAIi    LAWS. 


228 


30.  Complaint — Allegation    of    insolvency. 

— An  alleg-ation  that  the  bank  commission- 
ers unanimously  found  and  determined  that 
the  bank  was  insolvent  and  unable  to  pay 
its  obligations,  when  and  payable,  out  of 
its  own  funds,  in  the  ordinary  course  of 
business,  and  that  it  was  insolvent.  Is  a 
sufficient  allegation  that  "it  is  unsafe"  for 
the  bank  "to  continue  business"  within  the 
meaning  of  the  "bank  commissioners  act." — 
People  V.  Bank  -of  San  Luis  Obispo,  154  Cal. 
194,  97  Pac.   306. 

b.  Jurisdiction  of  superior  court. 

31.  Source    and    scope    of    jurisdiction. — 

Jurisdiction  of  superior  court  in  a  proceed- 
ing under  the  "bank  Commissioners  act"  by 
the  attorney  general  against  an  insolvent 
bank  is  derived  from  that  act  and  is  limited 
by  that  act. — Long  v.  Superior  Court,  102 
Cal.  449,  36  Pac.  807. 

32.  Po.ssession  of  directors  can  not  be 
ousted. — The  court  has  no  power  under  the 
"bank  commissioners  act"  of  1878,  to  oust 
the  directors  from  possession  of  the  assets 
of  an  insolvent  bank,  or  deprive  them  of 
the  management  of  its  affairs  during  liqui- 
dation.— Long  V.  Superior  Court,  102  Cal.  449, 
36  Pac.   807. 

33.  Jurisdiction  to  fill  vacancies  on  board 
of  directors. — The  superior  court  has  Juris- 
diction to  fill  vacancies  on  the  board  of 
directors  of  an  insolvent  bank  pending  liqui- 
dation under  the  "bank  commissioners  act." 
— Braslan  v.  Superior  Court,  124  Cal.  123,  56 
Pac.  792. 

33a.  Injunction  from  transacting  further 
business. — In  an  action  by  the  attorney  gen- 
eral against  an  insolvent  bank,  brought  un- 
der the  "bank  commissioners  act,"  the  supe- 
rior court  has  jurisdiction  to  enjoin  the 
bank  from  further  transacting  new  business. 
— Long  v.  Superior  Court,  102  Cal.  449,  36 
Pac.   807. 

34.  Same. — The  court  has  no  jurisdiction 
to  issue  an  injunction  or  other  order  in  an 
action  under  the  "bank  commissioners  act" 
of  1878,  by  the  attorney  general  against  an 
insolvent  bank,  until  after  a  hearing  and 
an  opportunity  to  the  bank  to  contest. — 
Peoples,  etc..  Bank  v.  Superior  Court,  103 
Cal.   27,   36  Pac.   1015. 

35.  Same — Until  further  order.— The  fact 
that  the  injunction  not  to  transact  further 
business  is  in  terms  until  further  order  of 
the  court  can  not  affect  its  character  as  a 
part  of  the  final  judgment,  and  the  injunc- 
tion can  not  be  dissolved  prior  to  the  final 
closing  and  settlement  of  the  bank's  affairs. 
— People  v.  Bank  of  Mendocino  Co.,  133  Cal. 
107,  65  Pac.   124. 

36.  Until  in  liquidation,  banic  independ- 
ent of  court. — Until  a  bank  goes  into  liqui- 
dation under  the  provisions  of  section  11 
of  the  "bank  commissioners  act"  (amendment 
of  1887)  it  is  independent  of  the  courts,  and, 
largely,  of  the  bank  commissioners,  and  it 
is  no  defense  to  an  action  by  a  depositor  for 
the  amount  of  his  deposit  that  the  bank  is 
in  course  of  liquidation,  voluntary,  but  by 
the    advice    of     the     bank     commissioners. — 


Lanz   V.  Fresno,   etc.,   Bank,    125   Cal.   456,    58 
Pac.  63. 

c.  Directors  as  trustees. 

37.  Failure  to  perform  trust  only  cause 
of  action  against  directors. — Directors  are 
trustees  for  creditors  and  no  right  of  action 
can  arise  in  favor  of  a  creditor  against  the 
bank  or  the  directors,  except  for  failure  to 
perform  the  duties  of  the  trust. — Argues  v. 
Union,  etc.,   Bank,   133  Cal.   139,   65   Pac.   307. 

37a.  Action  against  directors  in  their 
own  name,  or  under  the  corporate  name, 
may  be  maintained  by  a  creditor  for  the 
disallowance  of  a  claim,  as  a  breach  of  their 
duty,  but  not  before  such  disallowance. — Ar- 
gues v.  Union,  etc.,  Bank,  133  Cal.  139,  65 
Pac.   307. 

38.  Directors  are  responsible  for  closing 
np  affairs  of  banl:. — The  responsibility  of 
closing  up  the  affairs  of  the  bank  rests  upon 
the  officers  under  the  supervision  of  the 
bank  commissioners. — Bank  of  Mendocino  v. 
Brown,   8  Cal.  App.  566,   97  Pac.  533. 

39.  Personal  conduct  by  commissioners 
not  contemplated  by  act. — The  "bank  com- 
missioners act"  does  not  contemplate  a 
personal  conduct  of  the  liquidation  of  an  in- 
solvent bank  by  the  commissioners,  but 
merely  a  supervision  of  the  directors  for 
the  purpose  of  safeguarding  the  depositors 
and  stockholders  against  an  extravagant  or 
fraudulent  administration  of  the  business. — 
Bank  of  Mendocino  v.  Brown,  8  Cal.  App. 
566,   97  Pac.  533. 

d.  Stockholders'  liability. 

40.  Suit  to  enforce. — Section  136  of  the 
banking  act  does  not  confer  a  right  upon 
the  superintendent  of  banks  to  bring  a  suit 
to  enforce  the  constitutional  liability  of  the 
stockholders  of  an  Insolvent  bank. — "Wil- 
liams v.  Carver,  171  Cal.  658,  661,  154  Pac. 
472. 

41.  No  part  of  asset*  of  bank. — The  con- 
stitutional liability  of  the  stockholders  of 
a  bank  for  its  debts  is  no  part  of  its  assets, 
and  the  superintendent  of  banks  has  no 
power  to  act  for  its  creditors  in  enforcing 
such  liability. — Williams  v.  Carver,  171  Cal. 
658,   662,   154  Pac.   472. 

42.  Meaning  of  bank  act. — The  individual 
liability  of  the  stockholders  referred  to  in 
section  136  of  the  banking  act  is  the  amount 
due  the  bank  and  arising  from  assessments 
made  or  subscriptions  to  corporate  stock. — 
Williams  v.  Carver,  171  Cal.  658,  662,  154 
Pac.   472. 

42a.  Dismissal  of  action  to  enforce^ 
Laches. — Dismissal  of  action  by  state  bank 
commissioner  against  stockholders  under  the 
provisions  of  section  136  of  the  bank  act,  for 
unreasonable  delay  in  service  of  summons. — 
Anderson  v.  Nawa,  25  Cal.  App.  151,  143 
Pac.  555. 

e.    Assessments  on  unpaid  stock. 

43.  Levy  of  assessment — Failure  to  pay. 
— Assessment  may  be  levied  by  board  of  di- 
rectors of  insolvent  bank  in  liquidation  un- 
der the  "bank  commissioners  act"  in  a  sum 
sufficient  to  pay  creditors,  in  accordance 
with  the  provisions  of  the  Civil  Code,  and 
If  the  assessment  is  not  paid,  they  may  bring 


1 


229 


BAXKS   A^TD  BANKING. 


Act  409.  §  147 


action    to   enforce   payment. — Union    Savings 
Bank  V.  Leiter,  145  Cal.   696,  79   Pac.   441. 

See,  also,  Union  Savings  Bank  v.  Dunlap, 
13.J   Cal.    628,   67  Pac.    10S4. 

44.  PoTver  of  directors  to  assess — Stat- 
ute of  limitations. — Power  of  directors  of 
an  insolvent  bank  to  levy  assessments  on 
unpaid  capital  stock  to  pay  creditors  can 
not  be  impaired  by  lapse  of  time  so  long  as 
the  corporation  is  a  going  concern  for  pur- 
poses of  liquidation  under  the  "bank  com- 
missioners act,"  and  the  statute  does  not 
begin  to  run  in  favor  of  a  stockholder  until 
the  levy  is  made. — Union  Savings  Bank  v. 
Leiter,   145  Cal.  696,   79  Pac.   441. 

45.  Statutory  provisions  as  to  assess- 
ments— Not  affected  by  by-laws. — A  banking 
corporation  can  not  yield  up  its  statutory 
power  to  levy  assessments  on  unpaid  capital 
stock  to  pay  creditors  by  contract  with  its 
stockholders,  evidenced  by  law  limiting  the 
amount  of  such  assessments,  or  otherwise. — 
Union  Savings  Bank  v.  Leiter.  145  Cal.  696, 
79   Pac.    441. 

46.  Same — Same. — A  by-law  limlling  the 
amount  of  an  assessment  of  unpaid  capital 
stock  must  be  construed  in.  connection  with 
statutory  provisions  relating  to  such  assess- 
ments, and  so  construed  the  statute  and  by- 
law enter  together  into  the  contract  of 
subscription  of  the  stockholders. — Union 
Savings  Bank  v.  Leiter,  145  Cal.  696,  79  Pac. 
441. 

47.  Same — Same. — A  by-law  limiting  the 
amount  that  may  be  taken  from  stockhold- 
ers of  a  banking  corporation,  by  an  assess- 
ment on  unpaid  capital  stock,  when 
properly  attacked,  has  no  force  as  against 
<  reditors,  certainly  not  against  creditors 
without  notice. — Union  Savings  Bank  v. 
Leiter,    145   Cal.    696,    79   Pac.   441. 

48.  Unpaid  subscription  to  stock  as  as- 
■ets. — The  board  of  directors  maj\  after 
adjudication  in  insolvency  under  the  bank 
commissioners  act,  collect  the  corporate  as- 
sets, including  unpaid  subscriptions  to  stock, 
and  their  authority  to  do  so  does  not  rest 
upon  an  order  of  the  bank  commissioners. — 
People's  Home  Savings  Bank  v.  Rauer,  2 
Cal.  App.   445,  84  Pac.   329. 

40.  Same — Same — Directors  may  assess. — 
Unpaid  balances  due  on  capital  stock  are 
assets  and  where  the  money  or  other  prop- 
erty of  an  insolvent  bank  are  insufficient  to 
meet  the  demands  of  the  creditors,  resort 
may  be  had  to  them;  and  after  an  adjudica- 
tion under  the  "bank  commissioners  act," 
the  directors  of  the  bank  may  assess  such 
unpaid  subscriptions  to  pay  debts,  without 
first  obtaining  authority  to  do  so  from  the 
court. — Union,  etc..  Bank  v.  Dunlap,  135  Cal. 
628,  67  Pac.  1084. 

."50.  Same  —  Constitute  equitable  fund 'to 
secure  creditors.  —  Unpaid  subscriptions  to 
stock  constitute  an  equitable  fund  for  the 
security  of  creditors,  and  may  be  resorted 
to,  in  case  of  necessity,  by  the  liquidators, 
during  the  liquidation  of  an  insolvent  bank. 
— Bank  of  National  City  v.  Johnston,  133 
Cal.  185,  65   Pac.    3S3. 

51.  Accrual  of  rigrlit  of  action — Statute  of 
llmitatiuns. — Right  of  action  on  unpaid  cap- 


ital stock  does  not  accrue  until  a  call  is 
made,  and  the  amount  is  determined  with 
time  and  conditions  of  payment,  and  does 
not  arise  in  favor  of  an  insolvent  bank 
upon  adjudication  of  insolvency,  but  only 
when  its  board  of  directors  makes  an  au- 
thorized call. — Union  Savings  Bank  v.  Leiter, 
145  Cal.   696,   79   Pac.   441. 

52.  Same — Notice  to  pay.  —  Where  the 
resolution  of  the  board  of  directors  of  an 
insolvent  bank  in  process  of  liquidation  re- 
quiring payment  of  unpaid  balances  due  on 
stock  did  not  provide  when  notice  of  call 
should  be  mailed,  notice  mailed  on  the  day 
that,  under  the  resolution,  proceedings  to 
enforce  payment  miglit  be  commenced,  is 
sufficient,  wliere  it  was  published  and 
served  long  before  proceedings  were  com- 
menced.— People's  Home  Savings  Bank  v. 
Rauer,  2  Cal.  App.  445,  84  Pac.   329. 

53.  Recovery  from  transferee.  —  Unpaid 
subscriptions  to  stock  may  be  collected 
from  a  t^'ansferee  w^hose  name  stands  on  the 
books  as  such  transferee  without  anything 
to  indicate  that  he  took  the  stock  in  pledge, 
though  he  in  fact  did  so. — People's  Home 
Savings  Bank  v.  Rauer,  2  Cal.  App.  445,  84 
Pac.   329. 

54.  Set-off — Amounts  paid  on  stockhold- 
er's liability. — In  an  action  by  an  insolvent 
bank  in  liquidation  under  the  "bank  com- 
missioners act"  against  a  stockholder  for 
an  assessment  on  unpaid  capital  stock  to 
pay  creditors,  the  defendant  can  not  set  off 
amounts  paid  by  him  on  judgments  in  stock- 
holders' liability  suits. — Union  Savings  Bank 
V.  Leiter,   145  Cal.  696,  79  Pac.   441. 

54a.  Assessment  to  pay  debts,  levied 
pending  proceedings  under  the  "bank  com- 
missioners act,"  though  approved  by  the 
bank  cominissioners  can  not  be  enforced  as 
a  call  for  the  payment  of  unpaid  subscrip- 
tions.— Bank  of  National  City  v.  Johnston, 
133  Cal.   185,  65  Pac.  383. 

54b.  Same  —  Injunction  not  to  transact 
further  business. — Assessment  to  pay  debts 
levied  pending  proceedings  under  the  "bank 
commissioners  act,"  but  not  delinquent  un- 
til an  adjudication  of  insolvency  and  its 
directors  enjoined  from  transacting  further 
business  except  liquidation  is,  in  effect,  set 
aside  by  the  judgment,  and  the  power  to 
enforce  it  ended. — Bank  of  National  City  v. 
Johnston,    133   Cal.    185,    65   Pac.   383. 

f.  Judgment. 

55.  When  final. — Judgment  in  suit  against 
an  insolvent  hank  brought  by  the  attorney 
general  under  the  "bank  commissioners 
act,"  declaring  the  bank  insolvent  and  re- 
straining it  from  transacting  further  busi- 
ness and  requiring  liquidation  is  a  final 
judgment,  and  after  tlie  e.xpiration  of  the 
time  for  appeal  has  expired,  without  appeal, 
the  court  has  no  jurisdiction  to  modify  it. — 
People  V.  Bank  of  Mendocino  County,  133 
Cal.   107,    65  Pac.   124. 

56.  Same  —  Repeal  of  act. — A  judgment 
under  tlie  act  of  1903,  tliat  had  become  final 
on  appeal,  is  not  rendered  ineffectual  by  the 
repeal  of  the  act  by  the  banking  act  of  1909, 
pending  an    appeal    from    tlie    order    denying 


Act  409,  §  147 


GENERAL    LAWS. 


230 


a  new  trial,  without  continuing  In  force 
pending  litigation  under  tlie  repealed  act. — 
Crittenden  v.  Superior  Court,  166  Cal.  340, 
345,   136   Pac.    287. 

57.  Same — Same — Pending  new  trial  pro- 
ceedings.— Repeal  of  act  after  judgment  has 
been  affirmed  on  appeal  and  thus  become 
final  does  not  destroy  the  judgment,  not- 
withstanding pending  appeal  from  order  on 
motion  for  new  trial,  without  supersedeas 
or  stay  bond. — People  v.  Bank  of  San  Luis 
Obispo,  159  Cal.  65,  Ann.  Cas.  1912B,  1148,  37 
L.   R.  A.    (N.  S.)    934,    112   Pac.   866. 

58.  Same — Same — Abatement  of  proceed- 
ings.— An  action  by  the  bank  commissioners 
on  behalf  of  an  insolvent  bank  instituted 
under  the  act  of  1903,  did  not  abate  on  the 
repeal  of  that  act,  and  the  court  has  juris- 
diction to  substitute  the  receiver  in  liquida- 
tion, as  plaintiff,  and  allow  the  action  to  be 
continued  in  his  name. — Crittenden  v.  Supe- 
rior Court,   166  Cal.   340,   346,   136  Pac.   287. 

59.  Same — Same — New  trial — Stay  of  pro- 
ceedings.— A  judgment  under  the  act  of 
1903,  declaring  a  bank  insolvent,  and  order- 
ing it  into  liquidation,  and  appointing  a  re- 
ceiver for  that  purpose,  affirmed  on  appeal, 
was  in  no  way  stayed  in  law  by  virtue  of 
pending  proceedings  under  a  motion  for  a 
new  trial. — Crittenden  v.  Superior  Court,  166 
Cal.  340.   344,  136  Pac.   287. 

60.  Same — Same — Power  of  directors  to 
levy  a.ssessment. — The  repeal  of  the  bank 
commissioners  act  of  1903,  without  a  saving 
clause,  could  not  affect  a  prior  judgment 
under  its  provisions  decreeing  the  insol- 
vency of  a  banking  corporation  and  its  liq- 
uidation; nor  could  the  repeal  affect  the 
power  of  the  directors  to  levy  an  assess- 
ment on  unpaid  capital  stock. — Union  Sav- 
ings Bank  v.  Leiter,  145  Cal.  696,  79  Pac.  441. 

g.  Appeal  and  error. 

61.  Superintendent  of  banks,  appeal  by. — ■ 
The  superintendent  of  banks,  in  custody  of 
the  assets  of  an  insolvent  bank  and  engaged 
in  liquidating  its  business,  is  a  proper 
party,  where  the  bank  is  a  holder  of  a  por- 
tion of  a  bond  issue,  and  had  contested  the 
legality  of  the  remaining  bonds,  to  an  ac- 
tion to  foreclose  the  mortgage  given  to  se- 
cure such  bonds,  and  entitled  to  appeal  In 
his  official  capacity  from  a  judgment  in  such 
action  adverse  to  the  interests  of  such  bank. 
— Mercantile  Trust  Co.  v.  Miller,  166  Cal. 
563,   569,  137  Pac.  913. 

62.  Same — Stay  bond  by. — Under  section 
120  of  the  banking  act,  the  state  superin- 
tendent of  banks  is  a  state  officer,  when 
performing  the  duties  of  his  office  under 
the  provisions  of  said  act,  within  the  mean- 
ing of  section  1058,  Code  of  Civil  Procedure, 
and  is  exempt  from  the  necessity  of  giving 
a  stay  bond  on  appeal. — Mercantile  Trust  Co. 
V.  Miller,  166  Cal.  563,  566,  137  Pac.  913. 

63.  Same — Same. — The  superintendent  of 
banks  when  acting  in  his  official  capacity  as 
the  custodian  of  the  assets  of  an  insolvent 
bank,  is  a  "trustee"  and  also  a  person  act- 
ing in  "another's  right,"  within  the  meaning 
of  section  946,  Code  of  Civil  Procedure,  and 
the  court  is  authorized,  in   its  discretion,  to 


limit  or  dispense  with  a  stay  bond  on  ap- 
peal by  such  officer. — Mercantile  Trust  Co. 
V.  Miller,  166  Cal.  563,  567,  137  Pac.  913. 

64.  Bank,  appeal  by. — Action  by  attorney 
general  authorized  by  section  10  of  the  bank 
commissioners  act  Is  a  special  proceeding 
of  a  civil  nature,  and,  there  being  no  provi- 
sion in  the  act  denying  the  right  of  the 
bank  to  appeal  from  the  judgment  therein, 
that  right  exists  under  section  939,  Code  of 
Civil  Procedure. — People  v.  Bank  of  San 
Luis  Obispo,  152  Cal.  261,  92  Pac.  481. 

h.  Sale  of  hanJc  property. 

65.  Judicial  sale — Caveat  emptor. — A  sale 
by  the  superintendent  of  banks,  of  property 
of  an  Insolvent  bank,  by  the  order  of  the 
superior  court,  under  the  "bank  act,"  is  a 
judicial  sale,  and  the  rule  of  caveat  emptor 
applies. — National  Bank  v.  Williams,  31  Cal. 
App.  705,  161  Pac.  504. 

66.  Conveyance  of  bank  property  by  su- 
perintendent of  banks — Taxes. — Where  nei- 
ther the  order  of  court  authorizing  the  con- 
veyance nor  the  deed  conveying  the  right, 
title  and  interest  of  the  insolvent  bank  made 
any  mention  of  taxes,  the  grantee  can  not 
maintain  an  action  for  taxes  paid  him  to 
protect  the  property  from  sale  for  delin- 
quent taxes,  against  the  superintendent  of 
banks,  although  such  taxes  were  a  lien  on 
the  property,  but  not  due,  at  the  date  of  the 
conveyance. — National  Bank  of  Bakersfield 
V.  Williams,  31  Cal.  App.  705.  161  Pac.  504. 

VI.      MISCELLANEOUS. 
a.    Attachment. 

67.  Right  of  against  insolvent  bank  does 
not  exist. — Right  of  attachment  against  in- 
solvent bank  does  not  exist,  the  effect  of  the 
repealing  clause  of  the  bank  commissioners 
act  being  to  repeal  the  inconsistent  provi- 
sions of  the  Code  of  Civil  Procedure  relating 
to  attachment. — Crane  v.  Pacific  Bank,  106 
Cal.  64,   27  L.  R.  A.  562,  39  Pac.  215. 

68.  Same — Code  provisions  inconsistent. — 
The  provisions  of  the  Code  of  Civil  Proce- 
dure relating  to  attachment,  in  so  far  as 
they  have  effect  to  give  the  attaching  credi- 
tor of  an  insolvent  bank  an  advantage  over 
other  creditors  in  the  collection  of  their 
debts,  is  inconsistent  with  the  provisions  of 
the  bank  commissioners  act. — Crane  v.  Pa- 
cific Bank,  106  Cal.  64,  27  L.  R.  A.  562,  39 
Pac.   215. 

6.  Beceiver. 

69.  Act  Itself  notice  of  appointment. — The 

bank  commissioners  act  itself  is  full  notice 
that  a  receiver  will  be  appointed  in  the 
event  of  a  determination  of  insolvency,  and 
no  other  is  required. — People  v.  Bank  of  San 
Luis  Obispo,   154  Cal.  194,  97  Pac.  306. 

c.  Finding  of  insolvency. 

70.  Sustained  by  evidence. — Evidence  held 
to  sustain  finding  of  insolvency. — People  v. 
Bank  of  San  Luis  Obispo,  159  Cal.  65,  Ann. 
Cas.  1912B,  1148,  37  L.  R.  A.  (N.  S.)  934,  112 
Pac.  866. 

d.  Number  of  employees. 

71.  itinxiiiiiim  nnniher — !>Iininiiiin  salarien. 
— When    the    commissioners    have    fixed    tlie 


231  BANKS   AND  BANKING.  Act  410,  §§  1-5 

maximum     number    of    employees    and     the  — See  Kerr's  Cyc.  Civil  Code,  tit.   "Corpora- 
maximum  limit  of  tiieir  salaries,  the  direc-  tlons." 

tors  may  fix  the  number  and  the  amount  of  Investment  of  funds  in  bonds  of  particular 

their  salaries  within   these  limits. — Bank   of  public   corporations. — See   title   of  particular 

Mendocino    v.    Brown,    8    Cal.    App.    5€6.    97  corporation,  and  Kerr's  Cyc.  Political  Code, 

Pac.   533.  §  3480. 

e.  Non-stockholding  depositor.  License  of  bankers. — See   Kerr's   Cyc.    Po- 

72.     Preference — Act    of    18G2. — Under    the  litical  Code,   §  3379. 

act  a   non-stockholding   depositor   of   an    in-  Savings  and  loan  corporations. — See  Kerr's 

solvent  bank  must  be  paid  out  of  its  assets  Cyc.  Civil  Code,   §§  571,  et  seq. 

before    a    general    creditor,    whether    stock-  Taxation    of   banks. — See    Kerr's    Cyc.    Po- 

holder  or  not. — Laidlaw  v.  Pacific  Bank,  137  litical  Code,  §§  3664,  et  seq. 

Cal.    392,   394,   70   Pac.   277.  Taxation   of  sbares   of   stock — See   Kerr's 

Incorporation  of  banks,  capital  stock,  etc.  Cyc.  Political  Code,   §§  3608-3610. 

INVOLUNTARY  LIQUIDATION  OF  BANKS. 
ACT  410 — An  act  relating  to  the  liquidation  of  banks  by  the  superintendent  of  banks; 
empowering  him  to  levy  assessments  against  the  members  and  stockholders  of  any 
bank  in  process  of  liquidation  by  him  to  an  amount  which  he  may  determine  to  be 
necessary  to  promptly  pay  the  creditors  of  such  bank  in  full;  to  enforce  such  assess- 
ments by  suit  and  empowering  the  superior  court  to  determine  the  equities  of  the 
members  and  stockholders  of  any  such  bank  to  any  surplus  which  may  remain  after 
the  payment  of  the  creditors  of  such  bank  in  full  and  to  award  and  distribute  the 
same  accordingly. 

History:    Approved  May  17,  1917.     In  effect  July  27,  1917.     Stats. 
1917,  p.  581. 

Assessment  of  stockholders  to  pay  creditors. 

$  1.  Whenever  the  superintendent  of  banks  shall  hereafter  take  possession  of  the 
business  and  property  of  any  bank  doing  business  in  this  state  for  the  purpose  of 
liquidating  its  affairs,  as  provided  by  law,  he  may  at  any  time  during  the  process  of 
such  liquidation  determine  whether  it  shall  be  necessary  to  assess  the  members  or 
stockholders  of  such  bank  in  order  to  promptly  pay  the  claims  of  the  creditors  of  such 
bank  in  full  and  he  shall  make  such  assessments  as  he  may  determine  to  be  necessary 
for  that  purpose. 

Complaint. 

$  2.  Such  determination  shall  be  evidenced  by  a  complaint  or  petition  against  all 
of  the  members  and  stockholders  of  such  bank  iiled  by  the  superintendent  of  banks  in 
the  superior  court  of  the  county  where  the  principal  place  of  business  of  such  bank 
is  or  was  located  at  the  time  of  the  taking  of  such  possession. 

Further  assessments. 

§  3.  If  such  assessment  first  made,  shall  prove  inadequate  to  pay  all  of  the  creditors 
of  such  bank  in  full  the  superintendent  of  banks  may  make  further  assessment  or 
assessments  by  filing  supplemental  complaints  or  petitions  in  the  same  proceeding. 

Proceeds  applied. 

§  4.  In  any  such  proceeding  such  assessment  shall  be  enforced  and  collected  and  the 
proceeds  thereof  shall  be  added  to  the  funds  of  such  bank  and  applied  by  the  superin- 
tendent of  banks  for  the  payment  of  just  claims  against  the  same. 

Payment  of  surplus. 

§  5.  If  after  the  payment  of  all  just  claims  against  such  bank  and  the  cost  of 
liquidation  any  surplus  shall  remain  said  court  shall  determine  the  equities  of  the 
respective  members  and  stockholders  of  such  bank  thereto  and  direct  the  payment 
thereof  by  the  superintendent  of  banks  accordingly. 


Act  433,  §  1  GGNERAL  LAWS.  232 

Action  to  collect  assessments. 

$  6.  The  superintendent  of  banks  shall  have  power  to  maintain  an  action  in  any 
other  state  or  country  to  enforce  and  collect  such  assessments  against  any  of  such 
members  or  stockholders  and  the  proceeds  thereof  shall  become  a  part  of  the  fund  and 
be  subject  to  the  same  disposition  as  if  collected  in  the  proceedings  provided  for  in 
this  act. 

^  7.  This  act  shall  not  affect  any  action  or  proceeding  instituted  by  the  superin- 
tendent of  banks  prior  to  its  enactment. 

Constitutionality. 

§  8.  If  any  section,  subsection,  sentence,  clause  or  phrase  of  this  act  is  for  any 
reason  held  to  be  unconstitutional,  such  decision  shall  not  affect  the  validity  of  the 
remaining  portion  of  this  act.  The  legislature  hereby  declares  that  it  would  have 
passed  this  act,  and  each  section,  subsection,  sentence,  clause  or  phrase  thereof,  irre- 
spective of  the  fact  that  any  one  or  more  other  sections,  subsections,  sentences,  clauses 
or  phrases  be  declared  unconstitutional  or  its  operation  or  application  is  or  may  be 
limited  or  controlled  by  any  constitutional  provision. 

BANNING. 
See  Act  3094,  note. 

CHAPTER  26. 
BATHING  RESORTS. 

CONTENTS  OF  CHAPTER. 

ACT  4.^3.    Bathing  Resorts  on  Rivers  and  Streams. 

434.  Bathing  Resorts  on  Seacoast  and  Lakes. 

435.  General  Sanitation  Act. 

BATHING  RESORTS  ON  RIVERS  AND  STREAMS. 
ACT  433 — An  act  to  regulate  the  keeping  of  bathing  places  and  swimming  resorts  on 
rivers  and  streams. 

History:    Approved  April  6,  1911,  Stats.  1911,  p.  685. 

Keepers  of  public  bathing  resorts  to  provide  for  safety  of  bathers.    Violation  of  statute 

a  misdemeanor. 

^  1.  It  shall  be  unlawful  for  any  person,  firm  or  corporation  to  maintain  any  public 
bathing  or  swimming  place  or  resort  on  the  rivers  and  streams  of  this  state  unless 
they  shall  carefully  sound  the  depths  of  water  and  locate  the  eddies  and  pools  and 
determine  the  presence  and  nature  of  dangerous  currents  or  sunken  logs,  rocks  or 
obstructions  in  such  streams  or  rivers.  Signs  indicating  in  plain  letters  the  depth  of 
water,  the  location  of  pools  or  eddies,  and  the  presence  and  direction  of  currents  of 
water  shall  be  placed  and  maintained  in  the  streams  and  rivers  during  the  season 
when  bathing  and  swimming  is  permitted  or  invited  in  said  streams  or  rivers.  Safety- 
ropes  shall  be  stretched  wherever  necessary  to  show  the  line  of  eddies,  pools,  sunken 
obstructions  and  other  hidden  dangers  to  bathers  in  such  streams  and  rivers.  Any 
violation  of  this  act  shall  be  a  misdemeanor. 

Public   safety   at  bathing   resort*   on   sea-  Sanitation   of   bathing  resorts. — See,   post, 

coast  or  lake. — See,  post.  Act  434.  Act  435. 


233  BATHING   RESORTS.  Acts  434, 43a,  gg  1.  a 

BATHING  RESORTS  ON  SEACOAST  AND  LAKES. 
ACT  434 — An  act  to  secure  the  safety  of  the  public  at  bathing  places  upon  the  seacoast 
and  lakes.     (Approved  March  10,  1909.    Stats.  1909,  p.  261.) 

History:    Approved  March  10,  1909,  Stats.  1909,  p.  261. 

Lifeboats.    Duty  to  keep.    RecLuirements  for. 

§  1.  Everj'  person,  firm  of  persons,  or  corporation,  owning  or  conducting  within  this 
state  a  bathhouse,  or  other  public  place  for  the  purpose  of  accommodating  bathers, 
bordering  upon  or  adjoining  the  seacoast  or  a  lake  where  the  public  resort  for  the 
purpose  of  bathing  in  the  open  sea  or  lake  shall  keep  one  or  more  lifeboats  fully 
equipped  with  oars,  oarlocks,  and  not  less  than  two  life-preservers,  and  two  hundred 
feet  of  rope,  always  in  good  repair  and  near  the  bathhouse  or  resort.  Such  boat  or 
boats  shall  have  the  words  "lifeboat"  plainly  printed  or  painted  upon  them,  and  they 
shall  be  used  for  no  other  purpose  than  for  saving  of  life  or  for  other  cases  of 
emergency. 

Penalty. 

§  2,  Any  person,  firm  or  persons,  or  corporation  who  fails  to  comply  with  the  pro- 
visions of  this  act  is  guilty  of  a  misdemeanor  and  upon  conviction  shall  be  sentenced 
to  pay  a  fine  of  not  less  than  ten  nor  more  than  two  hundred  dollars  or  be  imprisoned  in 
the  county  jail  not  less  than  ten  days  nor  more  than  six  months,  or  by  both  fine  and 
imprisonment. 

$  3.     This  act  shall  take  effect  thirty  days  after  its  passage. 

Public  safety  at  bathing  resorts  on  rivers  Sanitation   at    bathing;  resorts, — See,   post, 

and  streams. — See,  ante,  Act  433.  Act  435. 

GENERAL  SANITATION  ACT. 
ACT  430 — An  act  providing  for  the  sanitation,  healthfulness  and  cleanliness  and  safety 
of  swimming  pools,  public  bathhouses,  swimming  and  bathing  places;  regulating  the 
granting  and  revocation  of  permits  therefor  from  the  state  board  of  health;  provid- 
ing for  the  inspection  of  such  places;  declaring  places  and  things  in  violation  of  this 
act  to  be  nuisances  dangerous  to  health  and  providing  for  the  abatement  of  the  same ; 
making  violations  of  this  act  misdemeanors;  and  providing  for  the  punishment  of 
the  same. 

History:    Approved  April  6,  1917.     In  effect  July  27,  1917.     Stats. 
1917,  p.  70. 

.Swimming  pools  under  supervision  of  state  board  of  health. 

$  1.  The  state  board  of  health  shall  have  supervision  over  the  sanitation,  health- 
fulness  and  cleanliness  and  safety  of  swimming  pools,  bathhouses,  public  swimming 
and  bathing  places  and  all  related  appurtenances  and  is  hereby  empowered  to  make 
and  enforce  such  rules  and  regulations  pertaining  thereto  as  it  shall  deem  proper. 

Permit  to  construct  or  operate  swimming  pool. 

$  2.  It  shall  be  unlawful  for  any  person,  persons,  firm,  corporation,  institution  or 
municipality  in  any  district,  town,  city,  county,  or  city  and  county  to  construct  or 
to  add  to  or  modify,  or  to  operate  or  to  continue  to  operate  any  swimming  pool,  public 
bathhouse,  bathing  or  swimming  place,  or  any  structure  intended  to  be  used  for  swim- 
ming or  bathing  purposes  without  an  unrevoked  permit  so  to  do  from  the  state  board 
of  health.  This  permit  shall  be  obtained  in  the  following  manner:  any  person,  persons, 
firm,  corporation,  institution  or  municipality  desiring  to  construct,  add  to  or  modify, 
or  to  operate  and  maintain  any  swimming  pool,  public  bathhouse,  bathing  or  swimming 
places  or  structures  intended  to  be  used  for  swimming  or  bathing  purposes  within  the 
state  of  California  shall  file  application  for  permission  so  to  do  with  the  state  board  of 


Act  435,  §§  3-G  GENERAL   LAWS.  234 

health,  which  application  shall  be  accompanied  by  detailed  maps,  drawings,  specifica- 
tions and  description  of  the  structure,  its  appurtenances  and  operation,  description  of 
the  source  or  sources  of  water  supply,  amount  and  quality  of  water  available  and 
intended  to  be  used,  method  and  manner  of  water  purification,  treatment,  disinfection, 
heating,  regulating  and  cleaning;  life-saving  apparatus,  and  measures  to  insure  safety 
of  bathers;  measures  to  insure  personal  cleanliness  of  bathers;  method  and  manner  of 
washing,  disinfecting,  drying  and  storing  bathing  apparel  and  towels,  and  all  other 
information  and  statistics  that  may  be  required  by  the  state  board  of  health;  where- 
upon, the  state  board  of  health  shall  cause  an  investigation  to  be  made  of  the  pro- 
posed or  existing  pool  or  public  bathing  places  and  if  it  shall  determine  as  a  fact  that 
the  same  is  or  may  reasonably  be  expected  to  become  unclean  or  insanitary  or  may 
constitute  a  menace  to  public  health,  it  shall  deny  the  application  for  permit;  if  it 
shall  determine  as  a  fact  that  the  same  is  or  may  reasonably  be  expected  to  be  con- 
ducted continuously  in  a  clean  and  sanitary  manner,  and  will  not  constitute  a  menace 
to  public  health,  it  shall  grant  the  application  for  permit  under  such  restrictions  as  it 
shall  deem  proper. 

Authority  to  inspect. 

§  3.  For  the  purpose  of  this  act  the  state  board  of  health  or  its  inspectors  shall  at 
any  and  all  reasonable  times  have  full  power  and  authority  to,  and  shall  be  permitted 
to  enter  upon  any  and  all  parts  of  the  premises  of  such  bathing  and  swimming  places  to 
make  examination  and  investigation  to  determine  the  sanitary  condition  of  such  places 
and  whether  the  provisions  of  this  act  or  the  rules  and  regulations  of  the  state  board  of 
health  pertaining  thereto  are  being  violated.  The  state  board  of  health  may  from  time 
to  time  at  its  discretion  publish  the  reports  of  such  inspections  in  its  monthly  bulletin. 

Revocation  of  permit. 

§  4.  Any  permit  granted  by  the  state  board  of  health  as  provided  in  this  act  shall 
be  revocable  or  subject  to  suspension  at  any  time  by  formal  action  of  the  state  board  of 
health  if  it  shall  determine  as  a  fact  that  the  swimming  or  bathing  place  or  places 
are  being  conducted  in  a  manner  insanitary,  unclean  or  dangerous  to  public  health. 

Swimming  pools  operated  contrary  to  act  nuisances. 

§  5.  Any  swimming  pool,  public  swimming  or  bathing  place  or  places,  constructed, 
operated  or  maintained  contrary  to  the  provisions  of  this  act  are  hereby  declared  to 
be  public  nuisances,  dangerous  to  health.  Such  nuisances  may  be  abated  or  enjoined 
in  an  action  brought  by  the  local  or  state  board  of  health  or  they  may  be  summarily 
abated  in  the  manner  provided  by  law  for  the  summary  abatement  of  public  nuisances 
dangerous  to  health. 

Penalty. 

§  6.  Any  person,  firm  or  corporation,  whether  as  principal  or  agent,  employer  or 
employee,  who  violates  any  of  the  provisions  of  this  act  shall  be  guilty  of  a  misde- 
meanor, and  each  day  that  conditions  or  actions,  in  violation  of  this  act,  shall  continue, 
shall  be  deemed  to  be  a  separate  and  distinct  offense,  and  for  each  offense,  upon  con- 
viction, he  shall  be  punishable  by  a  fine  of  not  less  than  twenty-five  dollars  nor  more 
than  five  hundred  dollars,  or  shall  be  imprisoned  in  the  county  jail  for  a  term  not 
exceeding  six  months,  or  by  both  such  fine  and  imprisonment. 

Public  safety  at  bathing  resorts  on  rivers  Public   safety   at   bathing    resorta    OQ    sea- 

and  streams. — See,  ante.  Act  433.  coast. — See,  ante,  Act  434. 

BEAUMONT. 
See  Act  3094,  note. 

BELVEDERE. 

See  Act  3094,  note. 


235  BENEFIT   SOCIETIES.  Act  440,  §§  1-4 

CHAPTER  26a. 
BENEFIT  SOCIETIES. 

CONTENTS  OF  CHAPTER. 

ACT  440.  Fraternal  Insurance  Act. 

441.  Unincorporated    Societies   May   Hold   Real   Estate. 

442.  Fraternal  Fire  Insurance. 

443.  Family  Protection. 

444.  Change  op  Fraternal  to  Regular  Life  Plan. 

445.  Consolidation,  Merger  or  Reinsurance. 

FRATERNAL  INSURANCE  ACT. 

ACT  440 — An  act  for  the  regulation  and  control  of  fraternal  benefit  societies. 
History:  Approved  May  1,  1911,  Stats.  1911,  p.  1320.  Amended  June 
7,  1915.  In  effect  August  8,  1915.  Stats.  1915,  p.  1273;  April  24,  1917. 
In  effect  July  27,  1917.  Stats.  1917,  p.  164;  May  21,  1917.  In  effect 
July  27,  1917.  Stats.  1917,  p.  785;  June  1,  1917.  In  effect  July  31.  1917. 
Stats.  1917,  p.  1651. 

Fraternal  benefit  society  defined. 

^  1.  Any  corijoration,  society,  order,  or  voluntary  association,  without  capital  stock, 
organized  and  caiTied  on  solely  for  the  mutual  benefit  of  its  members  and  their  bene- 
ficiaries, and  not  for  profit,  and  having  a  lodge  system  with  ritualistic  form  of  work  and 
representative  form  of  government,  and  which  shall  make  provision  for  the  payment 
of  benefits  in  accordance  with  section  five  hereof,  and  any  mutual  life  association 
whose  membership  is  limited  to  a  secret  fraternity,  profession  or  guild,  and  which 
elects  its  officers  and  directors  by  direct  vote  of  its  members,  either  in  person  or  by 
proxy,  is  hereby  declared  to  be  a  fraternal  benefit  society.  [Amendment  of  June  7, 
1915.'    In  effect  August  8,  1915.    Stats.  1915,  p.  1273.] 

Lodge  system. 

§  2.  Any  society  having  a  supreme  governing  or  legislative  body  and  subordinate 
lodges  or  branches  by  whatever  name  known,  into  which  members  shall  be  elected, 
initiated  and  admitted  in  accordance  with  its  constitution,  laws,  rules,  regulations,  and 
prescribed  ritualistic  ceremonies,  which  subordinate  lodges  or  branches  shall  be  required 
by  the  laws  of  such  society  to  hold  regular  or  stated  meetings  at  least  once 
in  each  month,  shall  be  deemed  to  be  operating  on  the  lodge  system. 

Representative  form  of  government. 

§  3.  Any  such  society  shall  be  deemed  to  have  a  representative  form  of  government 
when  it  shall  provide  in  its  constitution  and  laws  for  a  supreme  legislative  or  governing 
body,  composed  of  representatives  elected  either  by  the  members  or  by  delegates  elected 
directly  or  indirectly  by  the  members,  together  with  such  other  members  as  may  be 
prescribed  by  its  constitution  and  laws;  provided,  that  the  elective  members  shall  con- 
stitute a  majority  in  number  and  have  not  less  than  two-thirds  of  the  votes,  nor  less 
than  the  votes  required  to  amend  its  constitution  and  laws;  and  provided,  further,  that 
the  meetings  of  the  supreme  or  governing  body,  and  the  election  of  officers,  representa- 
tives or  delegates  shall  be  held  as  often  as  once  in  four  years.  The  members,  officers, 
representatives  or  delegates  of  a  fraternal  benefit  society  shall  not  vote  by  proxy. 

Societies  exempt. 

$  4.  Except  as  herein  provided,  such  societies  shall  be  governed  by  this  act  and  shall 
be  exempt  from  all  provisions  of  the  insurance  laws  of  this  state,  not  only  in  govern- 
mental relations  with  the  state,  but  for  every  other  purpose,  and  no  law  hereafter 
enacted  shall  apply  to  them,  unless  they  be  expressly  designated  therein. 


Act  440,  §§  5-7  GENERAL  LAWS.  23fl 

Benefits. 

4  5.  Subsection  1.  Evei'y  society  transacting  business  under  this  act  shall  provide 
for  the  paj'ment  of  death  benefits,  and  may  provide  for  the  payment  of  benefits  in  case 
of  temporary  or  permanent  physical  disability,  either  as  the  result  of  disease,  accident 
or  old  age;  provided,  the  period  of  life  at  which  the  payment  of  benefits  for  disability 
on  account  of  old  age  shall  commence,  shall  not  be  under  seventy  years,  and  may 
provide  for  monuments  or  tombstones  to  the  memory  of  its  deceased  members  and 
for  the  payment  of  funeral  benefits.  Such  society  shall  have  the  power  to  give  a 
member,  when  permanently  disabled  or  on  attaining  the  age  of  seventy,  all  or  such 
portion  of  the  face  value  of  his  certificate  as  the  laws  of  the  society  may  provide; 
provided,  that  nothing  in  this  act  contained  shall  be  so  construed  as  to  prevent  the 
issuing  of  benefit  certificates  for  a  term  of  years  less  than  the  whole  of  life  which  are 
paj'able  upon  the  death  or  disability  of  the  member  occurring  within  the  term  for 
which  the  benefit  certificate  may  be  issued.  Such  society  shall,  upon  written  applica- 
tion of  the  member,  have  the  power  to  accept  a  part  of  the  periodical  contributions  in 
cash,  and  charge  the  remainder,  not  exceeding  one-half  of  the  periodical  contribution, 
against  the  certificate  with  interest  paj^able  or  compounded  annually  at  a  rate  not  lower 
than  four  per  cent  per  annum;  provided,  that  this  i^rivilege  shall  not  be  granted  except 
to  societies  which  have  readjusted  or  may  hereafter  readjust  their  rates  of  contribu- 
tions and  to  contracts  affected  by  such  readjustment. 

Society  to  maintain  reserve. 

Subsection  2.  Any  society  which  shall  show  by  the  annual  valuation  hereinafter 
provided  for  that  it  is  accumulating  and  maintaining  the  reserve  necessary  to  enable  it 
to  do  so,  under  a  table  of  mortality  not  lower  than  the  American  experience  table  and 
four  per  cent  interest,  may  grant  to  its  members,  extended  and  paid-up  protection  or 
such  withdrawal  equities  as  its  constitution  and  laws  may  provide;  provided,  that  such 
gi-ants  shall  in  no  case  exceed  in  value  the  portion  of  the  reserve  to  the  credit  of  such 
members  to  whom  they  are  made. 

Beneficiaries  of  fraternal  benefit  societies. 

$  6.  The  payment  of  death  benefits  shall  be  confined  to  wife,  husband,  relative  by 
blood  to  the  fourth  degree,  father-in-law,  mother-in-law,  son-in-law,  daughter-in-law, 
stepfather,  stepmother,  stepchildren,  children  by  legal  adoption,  or  to  a  person  or 
persons  dependent  upon  the  member;  provided,  that  if  there  is  not  living  any  person 
above  designated,  the  member  may  designate  any  friend  as  his  beneficiary  or  may 
direct  that  said  benefit  be  paid  to  his  estate;  provided,  further,  that  if  after  the 
issuance  of  the  original  certificate  the  member  shall  become  dependent  upon  an  incor- 
porated charitable  institution,  he  shall  have  the  privilege,  with  the  consent  of  the 
society,  to  make  such  institution  his  beneficiary,"  Within  the  above  restrictions  each 
member  shall  have  the  right  to  designate  his  beneficiary,  and,  from  time  to  time,  have 
the  same  changed  in  accordance  with  the  laws,  rules  or  regulations  of  the  society,  and 
no  beneficiary  shall  have  or  obtain  any  vested  interest  in  the  said  benefit  until  the  same 
has  become  due  and  payable  upon  the  death  of  said  member;  provided,  that  any  society- 
may,  by  its  laws,  limit  the  scope  of  beneficiaries  within  the  above  classes.  [Amendment 
of  May  21,  1917.    In  effect  July  27,  1917.    Stats.  1917,  p.  785.] 

Membership. 

$  7.  Any  society  may  admit  to  beneficial  membership  any  person  not  less  than  six- 
teen and  not  more  than  sixty  years  of  age,  who  has  been  examined  by  a  legally  qualified 
physician  and  whose  examination  has  been  supervised  and  approved  in  accordance  with 
the  laws  of  the  society;  provided,  that  any  beneficiary  member  of  such  society  who  shall 
apply  for  a  certificate  providing  for  disability  benefits,  need  not  be  required  to  pass  an 


237  BENEFIT   SOCIETIES.  Act  4 10,  g§  9-11 

additional  medical  examination  therefor.    Nothing  herein  contained  shall  prevent  such 
society  from  accepting  general  or  social  members. 

Certificate  to  specify  amount  of  benefit. 

$  8.  Every  certificate  issued  by  any  such  society  shall  specify  the  amount  of  benefit 
provided  thereby,  and  shall  provide  that  the  certificate,  the  charter  or  articles  of  incor- 
poration, or,  if  a  voluntary  association,  the  articles  of  association,  the  constitution  and 
laws  of  the  society  and  the  application  for  membership  and  medical  examination,  signed 
by  the  applicant,  and  all  amendments  to  each  thereof,  shall  constitute  the  agreement 
between  the  society  and  the  member,  and  copies  of  the  same  certified  by  the  secretary  of 
the  society,  or  corresponding  officer,  shall  be  received  in  evidence  of  the  terms  and  con- 
ditions thereof  and  any  changes,  additions  or  amendments  to  said  charter  or  articles  of 
incorporation,  or  articles  of  association,  if  a  voluntary  association,  constitution  or  laws 
duly  made  or  enacted  subsequent  to  the  issuance  of  the  benefit  certificate  shall  bind  the 
member  and  his  beneficiaries,  and  shall  govern  and  control  the  agreement  in  all  respects 
the  same  as  though  such  changes,  additions  or  amendments  had  been  made  prior  to  and 
were  in  force  at  the  time  of  the  application  for  membership. 

Funds. 

§  9.  Subsection  1.  Any  society  may  create,  maintain,  invest,  disburse  and  apply  an 
emergency,  surplus  or  other  similar  fund  in  accordance  with  its  laws.  Unless  otherwise 
provided  in  the  contract,  such  funds  shall  be  held,  invested,  and  disbursed  for  the  use 
and  benefit  of  the  society,  and  no  member  or  beneficiary  shall  have  or  acquire  individual 
rights  therein  or  become  entitled  to  any  apportionment  or  the  surrender  of  any  part 
thereof,  except  as  provided  in  subsection  2  of  section  5  of  this  act.  The  funds  frora 
which  benefits  shall  be  paid  and  the  funds  from  which  the  expenses  of  the  society  shall 
be  defrayed,  shall  be  derived  from  periodical  or  other  payments  by  the  members  of  the 
society  and  accretions  of  said  funds;  provided,  that  no  society,  domestic  or  foreign, 
shall  hereafter  be  incorporated  or  admitted  to  transact  business  in  this  state,  which 
does  not  provide  for  stated  periodical  contributions  sufficient  to  provide  for  meeting  the 
mortuary  obligations  contracted,  when  valued  upon  the  basis  of  the  national  fraternal 
congress  table  of  mortality  as  adopted  by  the  national  fraternal  congress,  August  23, 
1899,  or  any  higher  standard  with  interest  assumption  not  more  than  four  per  cent  per 
annum,  nor  write  or  accept  members  for  temporary  or  permanent  disability  benefits 
except  upon  tables  based  upon  reliable  experience,  with  an  interest  assumption  not 
higher  than  four  per  cent  per  annum. 

Deferred  pajonents  considered  fixed  liabilities. 

Subsection  2.  Deferred  payments  or  installments  of  claims  shall  be  considered  as 
fixed  liabilities  on  the  happening  of  the  contingency  upon  which  such  payments  or 
installments  are  thereafter  to  be  paid.  Such  liability  shall  be  the  present  value  of 
such  future  payments  or  installments  upon  the  rate  of  interest  and  mortality  assumed 
by  the  society  for  valuation,  and  every  society  shall  maintain  a  fund  sufficient  to  meei 
such  liability  regardless  of  proposed  future  collections  to  meet  any  such  liabilities. 

Investment  of  funds. 

§  10.  Every  society  shall  invest  its  funds  only  in  securities  permitted  by  the  laws  o  ', 
this  state  for  the  investment  of  the  assets  of  life  insurance  companies;  provided,  that 
any  foreign  society  permitted  or  seeking  to  do  business  in  this  state,  which  invests  irs 
funds  in  accordance  with  the  laws  of  the  state  in  which  it  is  incorporated,  shall  be  he7d 
to  meet  the  requirements  of  this  act  for  the  investment  of  funds. 

Distribution  of  funds. 

$  11.  Every  provision  of  the  laws  of  the  society  for  payment  by  members  of  such 
society,  in  whatever  form  made,  shall  distinctly  state  the  purpose  of  the  same  and  ihe 


«.ct  440,  §  12  GKNGRAL.  LAWS.  238 

proportion  thereof  which  may  be  used  for  expenses,  and  no  part  of  the  money  collected 
for  mortuary  or  disability  purposes  or  the  net  accretions  of  either  or  any  of  said  funds 
shall  be  used  for  expenses. 

Organization  of  society. 

§  12.  Seven  or  more  persons,  citizens  of  the  United  States,  and  a  majority  of  whom 
are  citizens  of  this  state,  who  desire  to  form  a  fraternal  benefit  society,  as  defined  by 
this  act,  may  make  and  sign  (giving  their  addresses)  and  acknowledge  before  some 
officer  competent  to  take  acknowledgment  of  deeds,  articles  of  incorporation,  in  which 
shall  be  stated: 

First — The  proposed  corporate  name  of  the  society,  which  shall  not  so  closely  resem- 
ble the  name  of  any  society  or  insurance  company  already  transacting  business  in  this 
state  as  to  mislead  the  public  or  to  lead  to  confusion. 

Second — The  purpose  for  which  it  is  formed — which  shall  not  include  more  liberal 
powers  than  are  granted  by  this  act,  provided,  that  any  lawful  social,  intellectual,  edu- 
cational, charitable,  benevolent,  moral  or  religious  advantages  may  be  set  forth  among 
the  purposes  of  the  society — and  the  mode  in  which  its  corporate  powers  are  to  be 
exercised. 

Third — The  names,  residences  and  official  titles  of  all  the  officers,  trustees,  directors 
or  other  persons  who  are  to  have  and  exercise  the  general  control  and  management  of 
the  affairs  and  funds  of  the  society  for  the  first  year,  or  until  the  ensuing  election  at 
which  all  such  officers  shall  be  elected  by  the  supreme  legislative  or  governing  body 
which  election  shall  be  held  not  later  than  one  year  from  the  date  of  the  issuance  of 
the  permanent  certificate. 

Papers  to  be  filed  with  insurance  commissioner.  Must  secure  at  least  five  hundred 
applications  to  complete  organization.  Advance  payments.  Insurance  commissioner 
may  examine.    Preliminary  certificate.    Constitution. 

Such  articles  of  incorporation  and  duly  certified  copies  of  the  constitution  and  laws, 
rules  and  regulations,  and  copies  of  all  proposed  forms  of  benefit  certificates,  applica- 
tions therefor  and  circulars  to  be  issued  by  such  society,  and  a  bond  in  the  sum  of  five 
thousand  dollars,  -with  sureties  approved  by  the  insurance  commissioner  conditioned 
upon  the  return  of  the  advanced  payments,  as  provided  in  this  section,  to  applicants,  if 
the  organization  is  not  completed  within  one  year,  shall  be  filed  with  the  insurance 
commissioner,  who  may  require  such  further  information  as  he  deems  necessary,  and 
if  the  purposes  of  the  society  conform  to  the  requirements  of  this  act,  and  all  provisions 
of  law  have  been  complied  with,  the  insurance  commissioner,  shall  so  certify  and  retain 
and  file  the  articles  of  incorporation,  and  furnish  the  incorporators  a  preliminary  cer- 
tificate authorizing  said  society  to  solicit  members  as  hereinafter  provided.  Upon 
receipt  of  said  certificate  from  the  insurance  commissioner  said  society  may  solicit 
members  for  the  purpose  of  completing  its  organization  and  shall  collect  from  each 
applicant  the  amount  of  not  less  than  one  regular  monthly  payment,  in  accordance  with 
its  table  of  rates  as  provided  by  its  constitution  and  laws,  and  shall  issue  to  each  such 
applicant  a  receipt  for  the  amount  so  collected.  But  no  such  society  shall  incur  any 
liability  other  than  for  such  advanced  payments,  nor  issue  any  benefit  certificate  nor 
pay  or  allow,  or  offer  or  promise  to  pay  or  allow,  to  any  person  any  death  or  disability 
benefit  until  actual  bona  fide  applications  for  death  benefit  certificates  have  been  secured 
upon  at  least  five  hundred  lives  for  at  least  one  thousand  dollars  each,  and  all  such 
applicants  for  death  benefits  shall  have  been  regularly  examined  by  legally  qualified 
practicing  physicians,  and  certificates  of  such  examinations  have  been  duly  filed  and 
approved  by  the  chief  medical  examiner  of  such  society,  nor  until  there  shall  be  estab- 
lished ten  subordinate  lodges  or  branches  into  which  said  five  hundred  applicants  have 
been  initiated,  nor  until  there  has  been  submitted  to  the  insurance  commissioner,  under 


239  BENEFIT   SOCIETIES.  Act  440,  §  13 

oath  of  the  president  and  secretary,  or  corresponding  officers  of  such  society,  a  list  of 
such  applicants,  givinar  their  names,  addresses,  date  examined,  date  approved,  date 
initiated,  name  and  number  of  the  subordinate  branch  of  which  each  applicant  is  a  mem- 
ber, amount  of  benefits  to  be  granted,  rate  of  stated  periodical  contributions  which  shall 
be  sufficient  to  provide  for  meeting  the  mortuary  obligation  contracted,  when  valued  for 
death  benefits  upon  the  basis  of  the  national  fraternal  congress  table  of  mortality,  as 
adopted  by  the  national  fraternal  congress  August  23,  1899,  or  any  higher  standard  at 
the  option  of  the  society,  and  for  disability  benefits  by  tables  based  upon  reliable  expe- 
rience and  for  combined  death  and  permanent  total  disability  benefits  by  tables  based 
upon  reliable  experience,  with  an  interest  assumption  not  higher  than  four  per  cent  per 
annum,  nor  until  it  shall  be  shown  to  the  insurance  commissioner  by  the  sworn  state- 
ment of  the  treasurer,  or  corresponding  officer  of  such  society,  that  at  least  five  hundred 
applicants  have  each  paid  in  cash  at  least  one  regular  monthly  payment  as  herein  pro- 
vided per  one  thousand  dollars  of  indemnity  to  be  effected,  which  payments  in  the 
aggregate  shall  amount  to  at  least  twenty-five  hundred  dollars,  all  of  which  shall  be 
credited  to  the  mortuarj'  or  disability  fund  on  account  of  such  applicants,  and  no  part 
of  which  may  be  used  for  expenses.  Said  advanced  payments  shall,  during  the  period 
of  organization,  be  held  in  trust,  and,  if  the  organization  is  not  completed  within  one 
year  as  hereinafter  provided,  returned  to  said  applicants.  The  insurance  commissioner 
may  make  such  examination  and  require  such  further  information  as  he  deems  advis- 
able, and  upon  presentation  of  satisfactory  evidence  that  the  society  has  complied  with 
all  the  provisions  of  law  he  shall  issue  to  such  society  a  certificate  to  that  effect.  Such 
certificate  shall  be  prima  facie  evidence  of  the  existence  of  such  society  at  the  date  of 
such  certificate.  The  insurance  commissioner  shall  cause  a  record  of  such  certificate 
to  be  made  and  a  certified  copy  of  such  record  may  be  given  in  evidence  with  like  effect 
as  the  original  certificate.  No  preliminary  certificate  granted  under  the  provisions  of 
this  section  shall  be  valid  after  one  j^ear  from  its  date,  or  after  such  further  period,  not 
exceeding  one  year,  as  may  be  authorized  by  the  insurance  commissioner  upon  cause 
shoAvn,  unless  the  five  hundred  applicants  herein  required  have  been  secured  and  the 
organization  has  been  completed  as  herein  provided,  and  the  articles  of  incorporation 
and  all  proceedings  thereunder  shall  become  null  and  void  in  one  year  from  the  date  of 
said  preliminary  certificate,  or  at  the  ex^Diration  of  said  extended  period,  unless  such 
society  shall  have  completed  its  organization  and  commenced  business  as  herein  pro- 
vided. When  any  domestic  society  shall  have  discontinued  business  for  the  period  of 
one  year,  or  has  less  than  four  hundred  members,  its  charter  shall  become  null  and  void. 
Every  such  society  shall  have  the  power  to  make  a  constitution  and  by-laws  for  the 
government  of  the  society,  the  admission  of  its  members,  the  management  of  its  affairs 
and  the  fixing  and  readjusting  of  the  rates  of  contribution  of  its  members  from  time  to 
time:  and  it  shall  have  the  power  to  change,  alter,  add  to  or  amend  such  constitution 
and  by-laws  and  shall  have  such  other  powers  as  are  necessary  and  incidental  to  eairy- 
ing  into  effect  the  objects  and  purposes  of  the  society. 

Powers  retained. 

$  13.  Any  society  now  engaged  in  transacting  business  in  this  state  may  exercise, 
after  the  passage  of  this  act,  all  of  the  rights  conferred  therebj',  and  all  of  the  rights, 
powers  and  privileges  now  exercised  or  possessed  by  it  under  its  charter  or  articles  of 
incor^joration  not  inconsistent  with  this  act,  if  incorporated;  or,  if  it  be  a  voluntary 
association,  it  may  incorporate  hereunder.  But  no  society  already  organized  shall  be 
required  to  reincorporate  hereunder,  and  any  such  society  may  amend  its  articles  of 
incorporation  from  time  to  time  in  the  manner  provided  therein  or  in  its  constitution 
and  laws  and  all  such  amendments  shall  be  filed  with  the  insurance  commissioner,  and 
shall  become  operative  upon  such  filing,  unless  a  later  time  be  provided  in  such  amend- 
ments or  in  its  articles  of  incorporation,  constitution  or  laws. 


Act  440,  §§  14-16 


GENERAL.   LAWS. 


240 


Mergers  and  transfers. 

5  14.  No  domestic  society  shall  merge  with  or  accept  the  transfer  of  the  membership 
or  funds  of  any  other  society  unless  such  merger  or  transfer  is  evidenced  by  a  contract 
in  writing,  setting  out  in  full  the  terms  and  conditions  of  such  merger  or  transfer,  and 
filed  with  the  insurance  commissioner  of  this  state,  together  with  a  sworn  statement  of 
the  financial  condition  of  each  of  said  societies,  by  its  president  and  secretary,  or  cor- 
responding officers,  and  a  certificate  of  such  ofl&cers,  duly  verified  under  oath  of  said 
officers  of  each  of  the  contracting  societies,  that  such  merger  or  transfer  has  been 
approved  by  a  vote  of  two-thirds  of  the  members  of  the  supreme  legislative  or  govern- 
ing body  of  each  of  said  societies.  Upon  the  submission  of  said  contract,  financial  state- 
ments and  certificates,  the  insurance  commissioner  shall  examine  the  same,  and,  if  he 
shall  find  such  financial  statements  to  be  correct  and  the  said  contract  to  be  in  con- 
formity with  the  provisions  of  this  section,  and  that  such  merger  or  transfer  is  just 
and  equitable  to  the  members  of  each  of  said  societies,  he  shall  approve  said  merger  or 
transfer,  issue  his  certificate  to  that  effect,  and  thereupon  the  said  contract  of  merger 
or  transfer  shall  be  of  full  force  and  effect.  In  case  such  contract  is  not  approved,  the 
fact  of  its  submission  and  its  contents  shall  not  be  disclosed  by  the  insurance  com- 
missioner. 

Annual  license. 

$  15.  Societies  which  are  now  authorized  to  transact  business  in  this  state  may  con- 
tinue such  business  until  the  first  day  of  July  next  succeeding  the  passage  of  this  act, 
and  the  authority  of  such  societies  may  thereafter  be  renewed  annually,  but  in  all  cases 
to  terminate  on  the  first  day  of  the  succeeding  July;  provided,  however,  the  certificate 
of  authority  shall  continue  in  full  force  and  effect  until  the  new  certificate  of  authority 
be  issued  or  specifically  refused.  For  each  such  certificate  of  authority  or  renewal  the 
society  shall  pay  the  insurance  commissioner  ten  dollars.  A  duly  certified  copy  or 
duplicate  of  such  certificate  of  authority  shall  be  prima  facie  evidence  that  the  licensee 
is  a  fraternal  benefit  society  within  the  meaning  of  this  act. 

Foreign  societies  must  secure  certificates.    Same  qualifications  required  of  foreign  as 

of  domestic  societies. 

§  16.  No  foreign  society  now  transacting  business  organized  prior  to  the  passage  of 
this  act,  which  is  not  now  authorized  to  transact  business  in  this  state,  shall  transact 
any  business  herein  without  a  certificate  of  authority  from  the  insurance  commissioner. 
Any  such  society  shall  be  entitled  to  a  certificate  of  authority  to  transact  business 
within  this  state  upon  filing  with  the  insurance  commissioner  a  duly  certified  copy  of 
its  charter  or  articles  of  association;  a  copy  of  its  constitution  and  laws,  certified  by 
its  secretary  or  corresponding  officer,  a  power  of  attorney  to  the  insurance  commis- 
sioner as  hereinafter  provided;  a  statement  of  its  business  under  oath  of  its  president 
and  secretary,  or  corresponding  officers,  in  the  form  required  by  the  insurance  com- 
missioner, duly  verified  by  an  examination  made  by  the  supervising  insurance  official 
of  its  home  state  or  other  state  satisfactory  to  the  insurance  commissioner  of  this  state ; 
a  certificate  from  the  proper  official  in  its  home  state,  province  or  country  that  the 
society  is  legally  organized;  a  copy  of  its  contract,  which  must  show  that  benefits  are 
provided  for  by  periodical,  or  other  payments,  by  persons  holding  similar  contracts,  and 
upon  furnishing  the  insurance  commissioner  such  other  information  as  he  may  deem 
necessary  to  a  proper  exhibit  of  its  business  and  plan  of  working  and  upon  showing 
that  its  assets  are  invested  in  accordance  with  the  laws  of  the  state,  territory,  district, 
province  or  country  where  it  is  organized,  he  shall  issue  a  certificate  of  authority  to 
such  society  to  do  business  in  this  state  until  the  fii'st  day  of  the  succeeding  July  and 
such  certificate  of  authority  shall,  upon  compliance  with  the  provisions  of  this  act,  be 
renewed  annually,  but  in  all  eases  to  terminate  on  the  first  day  of  the  succeeding  July; 


241  BENEFIT   SOCIETIES.  Act  440,  §g  17-19 

provided,  however,  that  certificate  of  authority  shall  continue  in  full  force  and  effect 
until  the  new  certificate  of  authority  be  issued  or  specifically  refused.  Any  foreign 
society  desiring  admission  to  this  state  shall  have  the  qualifications  required  of  domestic 
societies  organized  under  this  act  and  have  its  assets  invested  as  required  by  the  laws 
of  the  state,  territory,  district,  country,  or  province  where  it  is  organized.  For  each 
such  certificate  or  renewal  the  society  shall  pay  the  insurance  commissioner  twenty 
dollars.  When  the  insurance  commissioner  refuses  to  issue  a  certificate  of  authority 
to  any  society,  or  revokes  its  certificate  of  authority  to  do  business  in  this  state,  he  shall 
reduce  his  ruling,  order  or  decision  to  writing  and  file  the  same  in  his  office,  and  shall 
furnish  a  copy  thereof,  together  with  a  statement  of  his  reasons,  to  the  officers  of  the 
society,  upon  request,  and  the  action  of  the  insurance  commissioner  shall  be  reviewable 
by  proper  proceedings  in  any  court  of  competent  jurisdiction  within  the  state ;  provided, 
however,  that  nothing  contained  in  this  or  the  preceding  section  shall  be  taken  or  con- 
strued as  preventing  any  such  society  from  continuing  in  good  faith  all  contracts  made 
in  this  state  during  the  time  such  society  was  legally  authorized  to  transact  business 
herein. 

Power  of  attorney  and  service  of  process. 

§  17.  Every  society,  whether  domestic  or  foreign,  now  transacting  business  in  this 
state  shall,  within  thirty  days  after  the  passage  of  this  act,  and  every  such  society  here- 
after applying  for  admission,  shall,  before  being  licensed,  appoint  in  writing  the  insur- 
ance commissioner  and  his  successors  in  office  to  be  its  true  and  lawful  attorney,  upon 
whom  all  legal  process  in  any  action  or  proceeding  against  it  shall  be  served,  and  in 
such  writing  shall  agree  that  any  lawful  process  against  it  which  is  served  upon  such 
attorney  shall  be  of  the  same  legal  force  and  validity  as  if  served  upon  the  society  and 
that  the  authority  shall  continue  in  force  so  long  as  any  liability  remains  outstanding 
in  this  state.  Copies  of  such  appointment,  certified  by  said  insurance  commissioner, 
shall  be  deemed  sufficient  evidence  thereof  and  shall  be  admitted  in  evidence  with  the 
same  force  and  effect  as  the  original  thereof  might  be  admitted.  Service  shall  only  be 
made  upon  such  attorney,  must  be  made  in  duplicate  upon  the  insurance  commissioner 
or  in  his  absence  upon  the  person  in  charge  of  his  office  and  shall  be  deemed  sufficient 
service  upon  such  society;  provided,  however,  that  no  such  service  shall  be  valid  or 
binding  against  any  such  society  when  it  is  required  thereunder  to  file  its  answer,  jjlead- 
ing  or  defense  in  less  than  thirty  days  from  the  date  of  mailing  the  copy  of  such 
service  to  such  society.  When  legal  process  against  any  such  society  is  served  upon 
said  insurance  commissioner  he  shall  forthwith  forward  by  registered  mail  one  of  the 
duplicate  copies  prepaid  and  directed  to  its  secretary  or  corresponding  officer.  Legal 
process  shall  not  be  served  upon  any  such  society  except  in  the  manner  provided  herein. 

Meetings. 

$  18.  Any  domestic  society  may  provide  that  the  meetings  of  its  legislative  or  govern- 
ing body  may  be  held  in  any  state,  district,  province  or  territory  wherein  such  society 
has  subordinate  branches  and  all  business  transacted  at  such  meetings  shall  be  as 
valid  in  all  respects  as  if  such  meetings  were  held  in  this  state.  But  its  principal  office 
shall  be  located  in  this  state. 

No  personal  liability. 

5  19.  Officers  and  members  of  the  supreme,  grand  or  any  subordinate  body  of  any 
such  incorporated  society  shall  not  be  individually  liable  for  the  payment  of  any  disa- 
bility or  death  benefit  provided  for  in  the  laws  and  agreements  of  such  society,  but  the 
same  shall  be  payable  only  out  of  the  funds  of  such  society  and  in  the  manner  provided 
by  its  laws. 

Gen.  Laws — 16 


Act  440,  §§  20-23  GENERAL.   LAWS.  242 

Subordinate  body  must  not  waive  constitution. 

§  20.  The  constitution  and  laws  of  the  society  may  provide  that  no  subordinate  body, 
nor  any  of  its  subordinate  officers  or  members  shall  have  the  power  or  authority  to 
waive  any  of  the  provisions  of  laws  and  constitutiou  of  the  society,  and  the  same  shall 
be  binding  on  the  society  and  each  and  every  member  thereof  and  on  all  beneficiaries 
of  members. 

Benefits  may  not  be  attached. 

§  21.  No  money  or  other  benefit,  charity  or  relief  or  aid  to  be  paid,  provided  or 
rendered  by  any  such  society  shall  be  liable  to  attachment,  garnishment  or  other  process, 
or  be  seized,  taken,  appropriated  or  applied  by  any  legal  or  equitable  process  or  opera- 
tion of  law  to  pay  any  debt  or  liability  of  a  member  or  beneficiary,  or  any  person  who 
may  have  a  right  thereunder,  either  before  or  after  payment. 

Amendments  to  constitution  filed  with  insurance  commissioner. 

$  22.  Every  society  transacting  business  under  this  act  shall  file  with  the  insurance 
commissioner  a  duly  certified  copy  of  all  amendments  of  or  additions  to  its  constitution 
and  laws  within  ninety  days  after  the  enactment  of  the  same.  Printed  copies  of  the 
constitution  and  laws  as  amended,  changed  or  added  to,  certified  by  the  secretary  or 
corresponding  officer  of  the  society  shall  be  prima  facie  evidence  of  the  legal  adoption 
thereof. 

Annual  reports.    Report  on  valuation  of  certificates.    Valuation  certified  by  actuary. 

When  society  is  considered  solvent.    Report  mailed  to  members. 

§  23.  Every  society  transacting  business  in  this  state  shall  annually,  on  or  before 
the  first  day  of  March,  file  with  the  insurance  commissioner  in  such  form  as  he  may 
require,  a  statement  under  oath  of  its  president  and  secretary,  or  corresponding  officers, 
of  its  condition  and  standing  on  the  thirty-first  day  of  December  next  preceding,  and  of 
its  transactions  for  the  year  ending  on  that  date  and  also  shall  furnish  such  other  infor- 
mation as  the  insurance  commissioner  may  deem  necessary  to  a  proper  exhibit  of  its 
business  and  plan  of  working.  The  insurance  commissioner  may  at  other  times  require 
any  further  statement  he  may  deem  necessary  to  be  made  relating  to  such  society.  In 
addition  to  the  annual  report  herein  required,  each  society  shall  annually  report  to  the 
insurance  commissioner  a  valuation  of  its  certificates  in  force  on  December  31st,  last 
preceding,  excluding  those  issued  within  the  year  for  which  the  report  is  filed,  in  cases 
where  the  contributions  for  the  first  year  in  whole  or  in  part  are  used  for  current  mor- 
tality and  expenses,  provided  the  first  report  of  valuation  shall  be  made  as  of  Decem- 
ber 31,  1912.  Such  report  of  valuation  shall  show,  as  contingent  liabilities,  the  present 
mid-year  value  of  the  promised  benefits  provided  in  the  constitution  and  laws  of  such 
society  under  certificates  then  subject  to  valuation ;  and,  as  contingent  asset,  the  present 
mid-year  value  of  the  future  net  contributions  provided  in  the  constitution  and  laws  as 
the  same  are  in  practice  actually  collected.  At  the  option  of  any  society,  in  lieu  of  the 
above,  the  valuation  may  show  the  net  value  of  the  certificates  subject  to  valuation 
hereinbefore  provided  and  said  net  value,  when  computed  in  case  of  monthly  contribu- 
tions, may  be  the  mean  of  the  terminal  values  for  the  end  of  the  preceding  and  of  the 
current  insurance  years.  Such  valuation  shall  be  certified  by  a  competent  accountant 
or  aetuars'^,  or  at  the  request  and  expense  of  the  society,  verified  by  the  actuary  of  the 
departm^ent  of  insurance  of  the  home  state  of  the  society,  and  shall  be  filed  with  the 
insurance  commissioner  within  ninety  days  after  the  submission  of  the  last  preceding 
annual  report.  The  legal  minimum  standard  of  valuation  for  all  certificates,  except  for 
disability  benefits,  shall  be  the  national  fraternal  congress  table  of  mortality  as  adopted 
by  the  national  fraternal  congress  August  23,  1899,  at  the  option  of  the  society,  any 
higher  table,  or,  at  its  option,  it  may  use  a  table  based  upon  the  society's  own  experi- 


243  BEIVEFIT   SOCIETIES.  Act  440,  §  33a 

ence  of  at  least  twenty  years  and  covering  not  less  than  one  hundred  thousand  lives 
with  interest  assumption  not  more  than  four  per  centum  per  annum.  Each  such  valua- 
tion report  shall  set  forth  clearly  and  fully  the  mortality  and  interest  basis  and  the 
method  of  valuation.  Any  society  providing  for  disability  benefits  shall  keep  the  net 
contributions  for  such  benefits  in  a  fund  separate  and  apart  from  all  other  benefit  and 
expense  funds  and  the  valuation  of  all  other  business  of  the  society;  provided,  that 
where  a  combined  contribution  table  is  used  by  a  society  for  both  death  and  permanent 
total  disability  benefits,  the  valuation  shall  be  according  to  tables  of  reliable  experience 
and  in  such  case  a  separation  of  the  funds  shall  not  be  required.  The  valuation  herein 
provided  for  shall  not  be  considered  or  regarded  as  a  test  of  the  financial  solvency  of 
the  society,  but  each  society  shall  be  held  to  be  legally  solvent  so  long  as  the  funds  in 
its  possession  are  equal  to  or  in  excess  of  its  matured  liabilities.  Beginning  with  the 
year  1914  a  report  of  such  valuation  and  an  explanation  of  the  facts  concerning  the 
condition  of  the  society  thereby  disclosed  shall  be  printed  and  mailed  to  each  beneficiary- 
member  of  the  society  not  later  than  June  1st  of  each  year,  or,  in  lieu  thereof,  such 
report  of  valuation  and  showing  of  the  society's  condition  as  thereby  disclosed  may  be 
published  in  the  society's  official  paper  and  the  issue  containing  the  same  mailed  to  each 
beneficiary  member  of  the  society.  The  laws  of  such  society  shall  provide  that  if  the 
stated  periodical  contributions  of  the  members  are  insufficient  to  pay  all  matured  death 
and  disability  claims  in  full  and  to  provide  for  the  creation  and  maintenance  of  the 
funds  required  by  its  laws,  additional  increased  or  extra  rates  of  contribution  shall  be 
collected  from  the  members  to  meet  such  deficiency;  and  such  laws  may  provide  that, 
upon  the  written  application  or  consent  of  the  member,  his  certificate  may  be  charged 
with  its  proportion  of  anj'  deficiency  disclosed  by  valuation,  with  interest  not  exceeding 
five  per  centum  per  annum. 

Provisions  to  insure  future  security. 

§23a.  If  the  valuation  of  the  certificates,  as  hereinbefore  provided,  on  December  31, 
1917,  shall  show  that  the  present  value  of  future  net  contributions,  together  with  the 
admitted  assets,  is  less  than  the  present  value  of  the  promised  benefits  and  accrued 
liabilities,  such  society  shall  thereafter  at  least  maintain  said  financial  condition  at 
each  succeeding  triennial  valuation  in  respect*  of  the  degree  of  deficiency  as  shown  in 
the  valuation  as  of  December  31,  1917.  If  at  any  succeeding  triennial  valuation  such 
society  does  not  show  at  least  the  same  condition,  the  insurance  commissioner  shall 
direct  that  it  thereafter  comply  with  the  requirements  herein  specified.  If  the  next 
succeeding  triennial  valuation  after  the  receipt  of  such  notice  shall  show  that  the 
society  has  failed  to  maintain  the  condition  required  herein,  the  insurance  commis- 
sioner may,  in  the  absence  of  good  cause  shown  for  such  failure,  institute  proceedings 
for  the  dissolution  of  such  society,  in  accordance  with  the  provision  of  section  24  of 
this  act,  or  in  the  case  of  a  foreign  society,  its  license  may  be  canceled  in  the  manner 
provided  in  this  act. 

Any  such  society  showoi  by  any  triennial  valuation,  subsequent  to  December  31,  1917, 
not  to  have  maintained  the  condition  herein  required,  shall,  within  two  years  thereafter, 
make  such  improvement  as  to  show  a  percentage  of  deficiency  not  greater  than  as  of 
December  31,  1917,  or  thereafter,  as  to  all  new  members  admitted,  be  subject,  so  far 
as  stated  rates  of  contributions  are  concerned,  to  the  provisions  of  section  12  of  this 
act,  applicable  in  the  organization  of  new  societies;  provided,  that  the  net  mortuary  or 
beneficiary  contributions  and  funds  of  such  new  members  shall  be  kept  separate  and 
apart  from  the  other  funds  of  the  society.  If  such  required  improvement  is  not  shown 
by  the  succeeding  triennial  valuation,  then  the  said  new  members  may  be  placed  in  a 
separate  class  and  their  certificates  valued  as  an  independent  society  in  respect  of 
contributions  and  funds.  [Amendment  of  April  24,  1917.  In  effect  July  27,  1917. 
Stnts.  ini7,  p.  164.] 


Act  440,  g  23b 


GENERAL,   LAWS. 


244 


Valuation  of  certificates  on  "accumulation  basis." 

§  23b.  In  lieu  of  the  requirements  of  sections  twentj^-three  and  twenty-three  a,  any 
society  accepting  in  its  laws  the  provisions  of  this  section  may  value  its  certificates 
on  a  basis,  herein  designated  "accumulation  basis,"  by  crediting  each  member  with  the 
net  amount  contributed  for  each  year  and  with  interest  at  approximately  the  net  rate 
earned  and  by  charging  him  with  his  share  of  the  losses  for  each  year,  herein  desig- 
nated "cost  of  insurance"  and  carrying  the  balance,  if  any,  to  his  credit.  The  charge 
for  the  cost  of  insurance  may  be  according  to  the  actual  experience  of  the  society 
applied  to  a  table  of  mortality  recognized  by  the  law  of  this  state,  and  shall  take  into 
consideration  the  amount  at  risk  during  each  year,  which  shall  be  the  amount  payable 
at  death  less  the  credit  to  the  member.  Except  as  specifically  provided  in  its  articles 
or  laws  or  contracts  no  charge  shall  be  carried  forward  from  the  first  valuation  here- 
under against  any  member  for  any  past  share  of  losses  exceeding  the  contributions  and 
credit.  If,  after  the  first  valuation,  any  member's  share  of  losses  for  any  year  exceeds 
his  credit  including  the  contribution  for  the  year,  the  contribution  shall  be  increased 
to  cover  his  share  of  the  losses,  and  if  the  credit  at  the  time  any  benefit  becomes  pay- 
able during  the  lifetime  of  the  member,  including  any  available  funds  does  not  equal 
such  benefit,  the  contributions  to  be  made  by  him  or  on  his  behalf  shall  be  increased  by 
the  difference.  Any  such  excess  share  of  losses  chargeable  to  any  member  may  be  paid 
out  of  a  fund  or  contributions  especially  created  or  required  for  such  purpose. 

Any  member  may  transfer  to  any  plan  adopted  by  the  society  with  net  rates  on 
which  tabular  reserves  are  maintained  and  on  such  transfer  shall  be  entitled  to  make 
such  application  of  his  credit  as  provided  in  the  laws  of  the  society. 

Value  of  certificate  on  "tabular  basis." 

Certificates  issued,  rerated  or  readjusted  on  a  basis  providing  for  adequate  rates  with 
adequate  reserves  to  mature  such  certificates  upon  assumptions  for  mortality  and 
interest  recognized  by  the  law  of  this  state  shall  be  valued  on  such  basis,  herein  desig- 
nated the  "tabular  basis";  provided,  that  if  on  the  first  valuation  under  this  section 
a  deficiency  in  reserve  shall  be  shown  for  any  such  certificate,  the  same  shall  be  valued 
on  the  accumulation  basis. 

Whenever  in  any  society  having  members  upon  the  tabular  basis  and  upon  the  accum- 
ulation basis,  the  total  of  all  costs  of  insurance  provided  for  any  year  shall  be  insuffi- 
cient to  meet  the  actual  death  and  disability  losses  for  the  year,  the  deficiency  shall  be 
met  for  the  year  from  the  available  funds  after  setting  aside  all  credits  in  the  resei-ve ; 
or  from  increased  contributions  or  by  an  increase  in  the  number  of  assessments  applied 
to  the  society  as  a  whole  or  to  classes  of  members  as  may  be  specified  in  its  laws. 
Savings  from  a  lower  amount  of  death  losses  may  be  returned  in  like  manner  as  may 
be  specified  in  its  laws. 

If  the  laws  of  the  society  so  provide,  the  assets  representing  the  reserves  of  any 
separate  class  of  members  may  be  carried  separately  for  such  class  as  if  in  an  inde- 
pendent society,  and  the  required  reserve  accumulation  of  such  class  so  set  apart  shall 
not  thereafter  be  mingled  with  the  assets  of  other  classes  of  the  society. 

Table  of  rates  and  credits. 

A  table  showing  the  rates  being  paid  by  and  the  credits  to  individual  members  at 
each  age  and  year  of  entry,  and  showing  opposite  each  credit  the  tabular  rates  and  the 
tabular  reserve  required,  or  at  the  option  of  the  society  the  required  reserve  on  a  level 
rate  equivalent  to  that  being  paid,  according  to  assumptions  for  mortality  and  interest 
recognized  by  the  laAvs  of  this  state  and  adopted  by  the  society,  and,  in  either  case, 
including  any  benefit  payable  at  a  specified  age  or  on  account  of  old  age  disability  shall 
be  filed  by  the  society  with  each  annual  report  and  also  be  furnished  to  each  member 
before  July  first  of  each  year. 


"45  BENEFIT   SOCIETIES.  Act  440,  §§  24-2© 

Tn  lieu  of  the  aforesaid  statement  there  maj^  be  furnished  to  each  member  within 
the  same  time  a  statement  giving  the  data  aforesaid  for  such  member.  No  table  or 
statement  need  be  made  or  furnished  when  the  reserves  are  maintained  on  the  tabular 
basis. 

For  this  purpose,  individual  bookkeeping  accounts  for  each  member  shall  not  be 
required  and  all  calculations  may  be  made  by  actuarial  methods. 

Nothing  herein  contained  shall  prevent  the  maintenance  of  such  surplus  over  and 
above  the  credits  on  the  accumulation  basis  and  the  resrves  on  the  tabular  basis  as 
the  society  may  provide  by  or  pursuant  to  its  laws;  nor  be  construed  as  giving  to  the 
individual  member  any  right  or  claim  to  any  such  reserve  or  credit  other  than  in  manner 
as  expressed  in  the  contract  and  its  laws;  nor  as  making  any  such  reserve  or  credits  a 
liability  in  determining  the  legal  solvency  of  the  society.  [New  section  added  April  24, 
1917.    In  effect  July  27,  1917.    Stats.  1917,  p.  165.] 

Examination  of  domestic  societies  by  insurance  commissioner.    Expense  of  examination. 

Action  when  societies  fail  to  reach  required  standard.    Proceedings  only  after  notice. 

§  24.  The  insurance  commissioner,  or  any  person  he  may  appoint,  shall  have  the 
power  of  visitation  and  examination  into  the  affairs  of  any  domestic  society.  He  may 
employ  assistants  for  the  purpose  of  such  examination,  and  he,  or  any  person  he  may 
appoint,  shall  have  free  access  to  all  the  books,  papers  and  documents  that  relate  to  the 
business  of  the  society  and  may  summon  and  qualify  as  witness  under  oath  and  examine 
its  officers,  agents  and  employees  or  other  persons  in  relation  to  the  affairs,  transac- 
tions and  condition  of  the  society.  The  expense  of  such  examination  shall  be  paid  by 
the  society  examined,  upon  statement  furnished  by  the  insurance  commissioner,  and  the 
examination  shall  be  made  at  least  once  in  three  years.  Whenever  after  examination 
the  insurance  commissioner  is  satisfied  that  anj'  domestic  society  has  failed  to  comply 
with  any  provisions  of  this  act,  or  is  exceeding  its  powers,  or  is  not  carrying  out  its  con- 
tracts in  good  faith,  or  is  transacting  business  fraudulently,  or  whenever  any  domestic 
society,  after  the  existence  of  one  year  or  more,  shall  have  a  membership  of  less  than 
four  hundred  (or  shall  determine  to  discontinue  business),  the  insurance  commissioner 
may  present  the  facts  relating  thereto  to  the  attorney  general,  who  shall,  if  he  deem 
the  circumstances  warrant,  commence  an  action  in  quo  warranto  in  a  court  of  compe- 
tent jurisdiction,  and  such  court  shall  thereupon  notify  the  officers  of  such  society  of  a 
hearing,  and  it  shall  then  appear  that  such  society  should  be  closed,  said  society  shall 
be  enjoined  from  carrying  on  any  further  business  and  some  person  shall  be  ajipointed 
receiver  of  such  society,  and  shall  proceed  at  once  to  take  possession  of  the  books, 
papers,  moneys  and  other  assets  of  the  society  and  shall  forthwith,  under  the  direction 
of  the  court,  proceed  to  close  the  affairs  of  the  society  and  to  distribute  its  funds  to 
those  entitled  thereto.  No  such  proceedings  shall  be  commenced  by  the  attorney  gen- 
eral against  any  such  society  until  after  notice  has  been  duly  served  on  the  chief  execu- 
tive officers  of  the  society  and  a  reasonable  opportunity  given  to  it,  on  a  date  to  be 
named  in  said  notice,  to  show  cause  why  such  proceedings  should  not  be  commenced. 

Application  for  receiver. 

§  25.  No  application  for  injunction  against  or  proceedings  for  the  dissolution  of,  or 
the  appointment  of  a  receiver  for,  any  such  domestic  society  or  branch  thereof  shall  be 
entertained  by  any  court  in  this  state  unless  the  same  is  made  by  the  attorney  general. 

Examination  of  foreign  societies. 

§  26.  The  insurance  commissioner,  or  any  person  whom  he  may  appoint,  may  examine 
any  foreign  society  transacting  or  applying  for  admission  to  transact  business  in  this 
state.  The  said  insurance  commissioner  maj'  employ  assistants,  and  he,  or  any  person 
he  may  appoint,  shall  have  free  access  to  all  the  books,  papers  and  documents  that  relate 


Act  440,  §§  27-29  GENERAL  LAWS.  246 

to  the  business  of  the  society,  and  may  summon  and  qualify  as  witness  under  oath  and 
examine  its  officers,  agents  and  employees  and  other  persons  in  relation  to  the  affairs, 
transactions  and  condition  cf  the  society.  He  may,  in  his  discretion,  accept  in  lieu  of 
such  examination  the  examination  of  the  insurance  department  of  the  state,  territory, 
district,  province  or  county  where  such  society  is  organized.  The  actual  expenses  of 
examiners  making  any  such  examination  shall  be  paid  by  the  society  upon  statement 
furnished  by  the  insurance  commissioner.  If  any  such  society  or  its  officers  refuse  to 
submit  to  such  examination  or  to  comply  with  the  provisions  of  the  section  relative 
thereto,  the  authority  of  such  society  to  write  new  business  in  this  state  shall  be  sus- 
pended or  license  refused  until  satisfactory  evidence  is  furnished  the  insurance  com- 
missioner relating  to  the  condition  and  affairs  of  the  society,  and  during  such  suspension 
the  society  shall  not  write  new  business  in  this  state. 

Insurance  commissioner  not  to  publish  statement  pending  investigation. 

^  27.  Pending,  during  or  after  an  examination  or  investigation  of  any  such  society, 
either  domestic  or  foreign,  the  insurance  commissioner  shall  make  public  no  financial 
statement,  report  or  finding,  nor  shall  he  permit  to  become  public  any  financial  state- 
ment, report  or  finding  affecting  the  status,  standing  or  rights  of  any  such  society, 
until  a  copy  thereof  shall  have  been  served  upon  such  society,  at  its  home  office,  nor 
until  such  society  shall  have  been  afforded  a  reasonable  opportunity  to  answer  any  such 
financial  statement,  report  or  finding  and  to  make  such  showing  in  connection  therewith 
as  it  may  desire. 

Revocation  of  license. 

^  28.  When  the  insurance  commissioner  on  investigation  is  satisfied  that  any  foreign 
society  transacting  business  under  this  act  has  exceeded  its  powers,  or  has  failed  to 
comply  with  any  provisions  of  this  act,  or  is  conducting  business  fraudulenth',  or  is  not 
carrying  out  its  contracts  in  good  faith,  he  shall  notify  the  societj'  of  his  findings,  and 
state  in  writing  the  grounds  of  his  dissatisfaction,  and  after  reasonable  notice  require 
said  society,  on  a  date  named,  to  show  cause  why  its  license  should  not  be  revoked.  If 
on  the  date  named  in  said  notice  such  objections  have  not  been  removed  to  the  satis- 
faction of  the  said  insurance  commissioner,  or  the  society  does  not  present  good  and 
sufficient  reasons  why  its  authority  to  transact  business  in  this  state  should  not  at  that 
time  be  revoked,  he  may  revoke  the  authority  of  the  society  to  continue  business  in  this 
state.  All  decisions  and  findings  of  the  insurance  commissioner  made  under  the  pro- 
visions of  this  section  may  be  reviewed  by  proper  proceedings  in  any  court  of  com- 
petent jurisdiction,  as  provided  in  section  16  of  this  act. 

Certain  societies  exempt. 

§  29.  Nothing  contained  in  this  act  shall  be  construed  to  affect  or  apply  to  grand  or 
subordinate  lodges  of  Masons,  Odd  Fellows  or  Ejiights  of  Pythias  (exclusive  of  the 
insurance  department  of  the  supreme  lodge  Knights  of  Pythias),  and  the  Junior  Order 
of  United  American  Mechanics  (exclusive  of  the  beneficiary  degree  or  insurance  branch 
of  the  national  council  Junior  Order  United  American  Mechanics)  or  societies  which 
limit  their  membership  to  any  one  hazardous  occupation,  nor  to  similar  societies  which 
do  not  issue  insurance  certificates,  nor  to  an  association  of  local  lodges  of  a  society  now 
doing  business  in  this  state  which  provides  death  benefits  not  exceeding  three  hundred 
dollars  to  any  one  person,  or  disability  benefits  not  exceeding  three  hundred  dollars  in 
any  one  year  to  any  one  person,  or  both,  nor  to  any  contracts  of  reinsurance  business 
on  such  plan  in  this  state,  nor  to  domestic  societies  which  limit  their  membership  to 
the  employees  of  a  particular  city  or  town,  designated  firm,  business  house  or  corpora- 
tion, nor  to  domestic  lodges,  orders  or  associations  of  a  purely  religious,  charitable  and 
benevolent  description,  which  do  not  provide  for  a  death  benefit  of  more  than  one  hun- 


247  BEXEFIT   SOCIETIES.  Art  440,  §§  30-31  a 

dred  dollars,  or  for  disability  benefits  of  moi'e  than  one  hundred  and  fifty  dollars  to  any 
one  person  in  any  one  year;  jirovided,  always,  that  any  such  domestic  order  or  society 
which  has  more  than  five  hundred  members,  and  provides  for  death  or  disability  bene- 
fits, and  any  such  domestic  lodge,  order  or  society  which  issues  to  any  person  a  cer- 
tificate providing  for  the  payment  of  benefits,  shall  not  be  exempt  by  the  provisions  of 
this  section,  but  shall  comply  with  all  the  requirements  of  this  act.  The  insurance 
commissioner  may  require  from  any  society  such  information  as  will  enable  him  to 
determine  whether  such  society  is  exempt  from  the  provisions  of  this  act.  No  society 
which  is  exempt  by  the  provisions  of  this  section  from  the  requirement  of  this  act  shall 
give  or  allow,  or  promise  to  give  or  allow,  to  any  person  any  compensation  for  procur- 
ing new  members.  Any  fraternal  benefit  society,  heretofore  organized  and  incorporated 
and  operating  within  the  definition  set  forth  in  sections  1,  2  and  3  of  this  act,  providing 
for  benefits  in  case  of  death  or  disability  resulting  solely  from  accidents,  but  which  does 
not  obligate  itself  to  pay  death  or  sick  benefits,  may  be  licensed  under  the  provisions 
of  this  act,  and  shall  have  all  the  privileges  and  shall  be  subject  to  all  the  provisions 
and  regulations  of  this  act,  except  that  the  provisions  of  this  act  requiring  medical 
examination,  valuations  of  benefit  certificates,  and  that  the  certificate  shall  specify  the 
amount  of  benefits,  shall  not  apply  to  such  society. 

Taxation. 

$  30.  Every  fraternal  benefit  society  organized  or  licensed  under  this  act  is  h'ereby 
declared  to  be  a  charitable  and  benevolent  institution,  and  all  of  its  funds  shall  be 
exempt  from  all  and  every  state,  county,  district,  municipal  and  school  tax,  other  than 
taxes  on  real  estate  and  oflSce  equipment. 

Penalties.     Soliciting  membership  for  societies  not  licensed. 

$  31.  Any  person,  officer,  member  or  examining  physician  of  any  society  authorized 
to  do  business  under  this  act  who  shall  knowingly  or  willfully  make  any  false  or 
fraudulent  statement  or  representation  in  or  with  reference  to  any  application  for  mem- 
bership, or  for  the  purjiose  of  obtaining  money  from  or  benefit  in  any  society  transact- 
ing business  under  this  act,  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  punished  by  a  fine  of  not  less  than  one  hundred  dollars  nor  more  than 
five  hundred  dollars,  or  imprisonment  in  the  county  jail  for  not  less  than  thirty  days 
nor  more  than  one  year,  or  both,  in  the  discretion  of  the  court;  and  any  person  who 
shall  willfully  make  a  false  statement  of  any  material  fact  or  thing  in  a  sworn  state- 
ment as  to  the  death  or  disability  of  a  certificate  holder  in  any  such  society  for  the 
purpose  of  procuring  payment  of  a  benefit  named  in  the  certificate  of  such  holder,  and 
any  person  who  shall  willfully  make  any  false  statement  in  any  verified  report  or 
declaration  under  oath  required  or  authorized  by  this  act,  shall  be  guilty  of  perjury, 
and  shall  be  proceeded  against  and  punished  as  provided  by  the  statutes  of  this  state 
in  relation  to  the  crime  of  perjury.  Any  person  who  shall  solicit  membership  for,  or  in 
any  manner  assist  in  procuring  membership  in,  any  fraternal  benefit  society  not  licensed 
to  do  business  in  this  state,  or  who  shall  solicit  membership  for,  or  in  any  manner  assist 
in  procuring  membership  in  any  such  society  not  authorized  as  herein  provided,  to  do 
business  as  herein  defined  in  this  state  shall  be  guilty  of  a  misdemeanor  and  upon  con- 
viction thereof  shall  be  punished  by  a  fine  of  not  less  than  fifty  nor  more  than  two 
hundred  dollars.  Any  society,  or  any  oflBcer,  ag'ent  or  employee  thereof  neglecting  or 
refusing  to  comply  with  or  violating  any  of  the  provisions  of  this  act,  the  penalty  for 
which  neglect,  refusal  or  violation  is  not  specified  in  this  section,  shall  be  fined  not 
exceeding  two  hundred  dollars  upon  conviction  thereof. 

Penalty  for  officer,  etc.,  borrowing  funds. 

§  31a.  Any  officer,  director,  agent  or  employee  of  any  fraternal  benefit  society  who 
shall  directly  or  indirectly  for  himself  or  as  partner  or  agent  of  others  borrow  any  of 


Act  441,  §  1 


GENERAL,   LAAVS. 


248 


I 


the  funds  of  such  society  or  become  endorser  or  surety  for  loans  to  others  or  in  any 
manner  be  obligor  for  moneys  borrowed  or  loaned  by  such  society  shall  be  guilty  of  a 
felon3^  [New  section  added  June  1,  1917.  In  effect  July  31,  1917.  Stats.  1917, 
p.  1651.] 

Penalty  for  officer,  etc.,  receiving  reward  for  aiding  loan. 

§  31b.  Any  officer,  trustee,  agent  or  employee  of  a  fraternal  benefit  society  who  asks 
or  receives  or  consents  or  agrees  to  receive  any  commission,  emolument,  gratuity  or 
reward  or  any  money,  property  or  thing  of  value  for  his  own  personal  benefit,  or  of 
personal  advantage,  for  procuring  or  endeavoring  to  procure  for  any  person,  firm  or 
corporation  any  loans  from  the  trust  funds  of,  or  funds  belonging  to,  a  fraternal 
benefit  society  shall  be  guilty  of  a  felony.  [New  section  added  June  1,  1917.  In  effect 
July  31,  1917.    Stats.  1917,  p.  1651.] 

$  32.     All  acts  and  parts  of  acts  inconsistent  with  this  act  are  hereby  repealed. 


1.  Constitutionality. — The  act  is  not  un- 
constitutional as  in  violation  of  the  federal 
and  state  constitutions  against  inpairment 
of  the  obligations  of  contracts. — Machado  v. 
Ellison,   35  Cal.  App.  337,   169  Pac.   917. 

2.  By-laws  of  fraternal  insurance  society 
must  conform  to  the  constitution  and  stat- 
utes of  the  state,  and  when  the  statute 
changes  the  by-laws  must  change  with 
them. — Machado  v.  Ellison,  35  Cal.  App.  337, 
169  Pac.  917. 

3.  Contract  of  insurance. — A  fraternal  in- 
surance contract  is  madfo  up  of  the  benefit 
certificate,  the  by-laws  of  the  society,  and 
the  laws  of  the  state,  and  a  statute  limiting 
the  beneficiaries  that  may  be  named  to  a 
specified  class  binds  the  insured  in  a  selec- 
tion made  after  the  statute  became  effective, 
nlthough  his  contract  of  insurance  was  exe- 
cuted prior  thereto. — Machado  v.  Ellison,  35 
Cal.   337,    169    Pac.    917. 

4.  Cancellation  of  new  certificate — Men- 
tal incompetency  of  in.sureil. — Where  the  ev- 
idence shows  the  insured  to  have  been  per- 
manently insane  at  the  time  he  delivered  up 
a   prior   policy   and   obtained   the   issue    of   a 


new  policy  on  behalf  of  a  new  benefi- 
ciary, such  new  policy  was  cancelled  at  tha 
suit  of  the  beneficiary  of  the  old  policy,  and 
the  latter  reinstated. — Waters  v.  Conselho 
Supremo,  etc.,  38  Cal.  App.  360,  176  Pac.  368. 

Change  of  fraternal  insurance  association 
into  legal  reserve  and  level  premiunv  life 
insurance  company. — See,   post.   Act   444. 

Consolidation  of  fraternal  benefit  societies. 
— See,  post.  Act  445. 

Insurance  and  insurance  companies  in 
general. — See   tit.    "Insurance." 

Liquidation  of  delinquent  insurance  ano- 
ciation.s. — See,  post,   Act  2199. 

Organi'/.ation  of  fraternal  [fire]  Insurance 
associations. — See,  post.  Act  442. 

Organization  and  management  of  mutual 
benefit  and  life  associations.  —  See  Kerr's 
Cyc.  Civil   Code,   §§  452a,  453. 

Organization  and  management  of  mutual 
life,  health  and  accident  insurance  corpora- 
tions.— See  Kerr's  Cyc  Civil  Code,  §§  437, 
et  seq. 

Wliole  family  protection  for  members  of 
fraternal  benefit  societies. — See,  post.  Act 
443. 


ACT  441 — An  act  authorizing  and  empowering  unincorporated,  benevolent  ox  fraternal 
societies  to  purchase,  receive,  manage  and  sell  real  estate  without  incorporating. 
History:    Approved  April  24,  1911,  Stats.  1911,  p.  1093. 

Benevolent  societies  may  hold  real  estate  necessary  for  business. 

^  1.  All  unincorj^orated  benevolent  or  fraternal  societies  or  associations  are  and 
every  lodge  or  branch  of  such  society  or  association  is  hereby  authorized  and  empow- 
ered, without  incorporation,  to  purchase,  receive,  own,  hold,  mortgage,  manage  and  sell 
all  such  real  estate  and  other  property  as  may  be  necessary  for  the  business  purposes 
and  objects  of  the  said  society  or  association  or  lodge  or  branch,  subject  to  the  laws 
and  regulations  of  said  society  or  association  or  lodge  or  branch  and  of  the  grand  lodge 
thereof;  and  also  to  take  and  receive  by  will  or  deed  all  property  not  so  necessary,  and 
to  hold  the  same  until  disposed  of  within  a  period  of  ten  years  from  the  acquisition 
thereof ;  provided,  that  all  conveyances  transferring  or  in  any  manner  affecting  the  title 
to  real  estate  owned  or  held  by  said  society  or  association  shall  be  executed  by  its  pre- 
siding officer  and  recording  secretary  under  its  seal  after  resolution  duly  adopted  by 
said  society  or  association  authorizing  such  conveyance. 


249  BENEFIT   SOCIETIES.  Act  442,  §§  l-o 

ACT  442 — An  act  to  regulate  the  organization  of  fraternal  insurance  associations. 

History:    Approved  June  3,  1913.     In  effect  August  10,  1913.     Stats. 
1913,  p.  372. 

Fraternal  fire  insurance  associations. 

$  1.  Secret,  fraternal  societies,  having  lodges,  councils  or  granges  in  this  state,  and 
conducting  their  business  and  securing  their  membership  on  the  lodge,  council  or 
grange  system  exclusively  and  having  ritualistic  work  and  ceremonies  in  their  societies, 
lodges,  councils  or  granges,  may  form  an  association  of  the  members  of  their  order  or 
society,  binding  themselves  to  contribute  to  each  other's  loss  by  fixe. 

Formation. 

$  2.  Such  association  shall  be  formed  by  filing  a  verified  certificate  in  the  office  of 
the  secretary  of  state  and  by  filing  a  like  certificate  in  the  office  of  the  clerk  of  each 
county  in  which  a  member  has  property  insured  in  said  association;  such  certificate 
shall  state  generally  the  objects  of  the  association,  and  shall  state  its  principal  place  of 
business,  the  names  of  its  officers,  who  shall  be  members  of  said  association  having 
property  insured  therein;  such  certificates  shall  be  signed  by  said  officers  and  verified 
by  at  least  three  of  them. 

Limit  on  insurance.    For  members  only.     Seventy-five  per  cent  cash  value. 

$  3.  An  association  formed  as  prescribed  in  sections  one  and  two  of  this  act  may 
insure  the  property  of  its  members  against  loss  or  damage  by  fire  for  an  amount  not 
exceeding  forty-five  hundred  dollars  on  any  one  risk,  and  no  risk  of  more  than  thirt}-- 
five  hundred  dollars  shall  be  binding  until  risks  to  the  amount  of  two  hundred  thousand 
dollars  have  been  written  and  all  premiums  paid  thereon,  and  no  risk  of  more  than 
fifteen  hundred  dollars  shall  be  binding  until  risks  to  the  amount  of  one  hundred 
thousand  dollars  have  been  written  and  all  premiums  paid  thereon,  and  no  risk  of  ^ny 
amount  shall  be  binding  until  risks  to  the  amount  of  seventy-five  thousand  dollars  have 
been  written  and  all  premiums  paid  thereon.  And  no  risk  shall  be  written  by  such 
association  except  for  members  in  good  standing  on  the  books  of  the  order  or  society 
forming  the  association  and  a  suspension  or  withdrawal  from  membership  in  such 
order  or  society  will  suspend  the  insurance  risk  until  the  member  is  restored  to  good 
standing  in  said  order  or  society  and  in  said  association,  provided,  that  a  restoration 
to  membership  after  suspension  therefrom  shall  in  no  case  be  construed  as  extending 
the  term  of  the  risk.  No  risk  written  by  such  association  shall  be  for  an  amount  in 
excess  of  seventy-five  per  centum  of  the  cash  value  of  the  property  insured,  and  no 
concurrent  or  additional  insurance  shall  be  allowed. 

Powers. 

$  4.  Such  association  by  and  in  its  own  name  may  sue  and  be  sued,  may  loan  such 
funds  as  it  may  have  on  hand  in  such  manner  as  its  articles  of  association  and  its 
by-laws  have  provided  for;  may  own  sufficient  real  estate  for  its  business  purposes,  and 
such  other  real  estate  as  may  be  necessary  to  purchase  on  foreclosure  of  its  mortgages; 
provided,  such  real  estate  so  obtained  by  foreclosure  shall  be  sold  and  conveyed  within 
five  years  from  the  time  title  vests  in  said  association. 

By-laws. 

$  5.  Such  association  may  make  such  by-laws,  not  inconsistent  with  the  laws  of  this 
state,  as  may  be  necessary  for  its  government  and  for  the  transaction  of  its  business, 
and  such  association  merely  creating  a  mutual  bond  and  agreement  of  its  members  to 
participate  in  each  other's  loss  by  fire  does  not  come  under  the  insurance  laws  of 
California.  Outside  of  the  requirements  of  this  act,  their  own  regulations  and  those  of 
the  order  to  which  they  belong  are  sufficient. 


Act  443,  §§  1,  2  GENERAL  LAWS.  250 

Obligation  to  pay  pro  rata. 

$  6.  All  persons  insured  shall  give  their  obligation  to  the  association,  binding  them- 
selves, their  heirs  and  assigns,  to  pay  their  pro  rata  share,  proportioned  to  the  amount 
of  insurance  in  the  association  held  by  them,  at  the  time  of  the  loss  to  the  association, 
of  the  necessary  expenses  and  of  loss  by  fire  which  may  be  sustained  by  any  member 
thereof  during  the  time  for  which  their  respective  policies  are  written,  and  said  policies 
may  be  cancelled  by  either  party  thereto,  in  which  case  settlement  or  adjustment  shall 
be  made  in  accordance  with  the  terms  of  the  by-laws  of  the  association,  and  they  shall 
also  at  the  time  of  effecting  the  insurance  pay  such  a  percentage  in  cash,  and  such 
other  charges,  as  may  be  required  by  the  rules  or  by-laws  of  the  association. 

Classification  of  property.    Not  to  insure  property  in  cities. 

§  7.  All  such  associations  must  classify  the  property  insured  therein  at  the  time  of 
issuing  policies  thereon  under  different  rates,  corresponding  as  nearly  as  may  be  to  the 
greater  or  less  risk  from  fire  loss  which  may  be  attached  to  the  several  kinds  of  prop- 
erty insured.  No  such  association  shall  issue  policies  of  insurance  on  any  property 
within  the  limits  of  cities  of  the  first,  first  and  a  half,  second,  third,  fourth,  fifth  and 
sixth  classes;  provided,  that  no  dwelling  shall  be  insured  within  the  corporate  limits 
of  any  city  or  town  exposed  by  any  other  building  within  one  hundred  feet  or  by  any 
risk  other  than  a  dwelling  or  private  barn  within  two  hundred  feet  of  the  risk  assured. 

Ascertainment  of  loss. 

§  8.     Such  association  shall  provide  in  its  by-laws  for  the  ascertainment  of  loss  or 

damage  by  fire,  and  for  the  payment  thereof. 

Fire  insurance. — The  act  deals  with  protection  from  fire,  although  the  title  does  not 
so  indicate. 

FAMILY  PROTECTION. 

ACT  443 — An  act  to  provide  whole  family  protection  for  members  of  fraternal  benefit 

societies. 

History:    Approved  April  20.  1917.     In  effect  July  27,  1917.     Stats. 
1917,  p.  144. 

Fraternal  benefit  society  may  insure  children.    Total  benefits  payable. 

$  1.  Any  fraternal  benefit  society  authorized  to  do  business  in  this  state  and  oper- 
ating on  the  lodge  plan,  may  provide  in  its  constitution  and  by-laws,  in  addition  to  other 
benefits  provided  for  therein,  for  the  payment  of  death  or  annuity  benefits  upon  the 
lives  of  children  between  the  ages  of  two  and  eighteen  years  at  next  birthday,  for  whose 
support  and  maintenance  a  member  of  such  society  is  responsible.  Any  such  society 
may  at  its  option,  organize  and  operate  branches  for  such  children  and  membership 
in  local  lodges  and  initiation  therein  shall  not  be  required  of  such  children,  nor  shall 
they  have  any  voice  in  the  management  of  the  society.  The  total  benefits  payable  as 
above  provided  shall  in  no  case  exceed  the  following  amounts  at  ages  at  next  birthday 
at  time  of  death,  respectively,  as  follows :  two,  thirty-four  dollars ;  three,  forty  dollars ; 
four,  forty-eight  dollars ;  five,  fifty-eight  dollars ;  six,  one  hundred  forty  dollars ;  seven, 
one  hundred  sixty-eight  dollars;  eight,  two  hundred  dollars;  nine,  two  hundred  forty 
dollars;  ten,  three  hundred  dollars;  eleven,  three  hundred  eighty  dollars;  twelve,  four 
hundred  sixty  dollars;  thirteen  to  fifteen,  five  hundred  twenty  dollars;  and  sixteen  to 
eighteen  years,  where  not  otherwise  authorized  by  law,  six  hundred  dollars. 

Conditions  of  benefit  certificate. 

§  2.  No  benefit  certificate  as  to  any  child  shall  take  effect  until  after  medical  exam- 
ination or  inspection  by  a  licensed  medical  practitioner,  in  accordance  with  the  laws  of 
the  society,  nor  shall  any  such  benefit  certificate  be  issued  unless  the  society  shall 


•51  BENEFIT   SOCIETIES.  Act  443,  §§  3-6 

simultaneously  put  in  force  at  least  five  hundred  such  certificates,  on  each  of  which  at 
least  one  assessment  has  been  paid,  nor  where  the  number  of  lives  represented  by  such 
certificate  falls  below  five  hundred.  The  death  benefit  contributions  to  be  made  upon 
such  certificate  shall  be  based  upon  the  "standard  industrial  mortality  table"  or  the 
"English  life  table  number  six"  and  a  rate  of  interest  not  greater  than  four  per  cent 
per  annum,  or  upon  a  higher  standard;  provided,  that  contributions  may  be  waived  or 
returns  may  be  made  from  any  surplus  held  in  excess  of  reserve  and  other  liabilities,  as 
provided  in  the  by-laws;  and,  provided  further,  that  extra  contributions  shall  be  made 
if  the  reserves  hereafter  provided  for  become  impaired. 

Reserve  required. 

§  3.  Any  society  entering  into  such  insurance  agreements  shall  maintain  on  all 
such  contracts  the  reserve  required  by  the  standard  of  mortality  and  interest  adopted 
by  the  society  for  computing  contributions  as  provided  in  section  two,  and  the  funds 
representing  the  benefit  contributions  and  all  accretions  thereon  shall  be  kept  as  sepa- 
rate and  distinct  funds,  independent  of  the  other  funds  of  the  society,  and  shall  not  be 
liable  for  nor  used  for  the  payment  of  the  debts  and  obligations  of  the  society  other 
than  the  benefits  herein  authorized;  provided,  that  a  society  may  provide  that  when  a 
child  reaches  the  minimum  age  for  initiation  into  membership  in  such  society,  any 
benefit  certificate  issued  hereunder  may  be  surrendered  for  cancellation  and  exchanged 
for  any  other  form  of  certificate  issued  by  the  society,  provided  that  such  surrender 
will  not  reduce  the  number  of  lives  insured  in  the  branch  below  five  hundred,  and  upon 
the  issuance  of  such  new  certificate  any  reserve  upon  the  original  certificate  herein 
provided  for  shall  be  transferred  to  the  credit  of  the  new  certificate.  Neither  the 
person  who  originally  made  application  for  benefits  on  account  of  such  child  nor  the 
beneficiary  named  in  such  original  certificate,  nor  the  person  who  paid  the  contribu- 
tions, shall  have  any  vested  right  in  such  new  certificate,  the  free  nomination  of  a 
beneficiary  under  the  new  certificate  being  left  to  the  child  so  admitted  to  benefit 
membership. 

Separate  financial  statement. 

§  4.  An  entirely  separate  financial  statement  of  the  business  transactions  and  of 
assets  and  liabilities  arising  therefrom  shall  be  made  in  its  annual  report  to  the  insur- 
ance commissioner  by  any  society  availing  itself  of  the  provisions  hereof.  The  separa- 
tion of  assets,  funds  and  liabilities  required  hereby  shall  not  be  terminated,  rescinded 
or  modified,  nor  shall  the  funds  be  diverted  for  any  use  other  than  as  specified  in 
section  three,  as  long  as  any  certificates  issued  hereunder  remain  in  force,  and  this 
requirement  shall  be  recognized  and  enforced  in  any  liquidation,  reinsurance,  merger  or 
other  change  in  the  condition  of  the  status  of  the  society. 

Specified  payments. 

$  5.  Any  society  shall  have  the  right  to  provide  in  its  laws  and  the  certificate  issued 
hereunder  for  specified  payments  on  account  of  the  expense  or  general  fund,  which 
payments  shall  or  shall  not  be  mingled  with  the  general  fund  of  the  society  as  its  con- 
stitution and  by-laws  may  provide. 

Continuation  of  certificate. 

§  6.  In  the  event  of  the  termination  of  membersliip  in  the  society  by  the  person 
responsible  for  the  support  of  any  child,  on  whose  account  a  certificate  may  have  been 
issued,  as  provided  herein,  the  certificate  may  be  continued  for  the  benefit  of  the 
estate  of  the  child,  provided  the  contributions  are  continued,  or  for  the  benefit  of  any 
other  person  responsible  for  the  support  and  maintenance  of  such  child,  who  shall 
assume  the  payment  of  the  required  contributions.  • 


Act  444,  §§  1,  2 


GENERAL   LA"WS. 


253 


Insurance     and     insurance      companies      in 

general. — See  tit.   "Insurance." 

Liquidation  of  delinquent  insurance  asso- 
ciations.— See,    post,    Act    2199. 

Organisation  of  fraternal  [fire]  Insurance 
associations. — See,  ante,   Act   442. 


Organization  and  management  of  mutual 
benefit  and  life  associations.  —  See  Kerr's 
Cyc.   Civil   Code,   §§  452a,   453. 

Organization  and  management  of  mutual 
life,  health  and  accident  corporations. — See 
Kerr's  Cyc.  Civil  Code,   §§  437,  et  seq. 


CHANGE  TO  REGULAR  LIFE  PLAN. 
ACT  444 — An  act  providing  that  any  domestic  society,  organization  or  company,  pro- 
viding life  insurance  for  its  members  or  their  beneficiaries  upon  the  assessment  plan, 
including  any  domestic  fraternal  benefit  society  organized  or  operating  under  the 
act  entitled  "An  act  for  the  regulation  and  control  of  fraternal  benefit  societies," 
approved  May  1,  1911,  as  amended,  may  change  into  a  corporation  to  transact  a  life 
insurance  business  as  a  legal  reserve  or  level  premium  company,  not  affecting  existing 
suits,  rights  or  contracts,  for  the  protection  of  which  business  may  be  transacted  of 
the  kind  transacted  before  reorganization,  and  for  the  protection  of  which  a  fund  is 
to  be  created  under  conditions  set  forth  herein. 

History:    Approved  May  21,  1919.     In  effect  July  22,  1919.     Stats. 
1919,  p.  759. 

Company  transformed  into  legal  reserve  or  level  premium  company. 

$  1.  Any  domestic  society,  organization  or  company  providing  life  insurance  for  its 
members  or  their  beneficiaries  upon  the  assessment  plan,  including  any  domestic 
fraternal  benefit  society  organized  or  operating  under  that  certain  statute  entitled 
"An  act  for  the  regulation  and  control  of  fraternal  benefit  societies,"  approved  May  1, 
1911,  as  amended,  may  upon  a  majority  vote  of  its  trustees  or  directors,  or  in  any 
lawful  manner,  amend  its  articles  of  incorporation  and  by-laws,  if  already  incorporated, 
or  if  not  incorporated,  may  incorporate,  in  such  manner  as  to  transform  itself  into 
a  legal  reserve  or  legal  premium  company,  with  the  name  by  which  it  is  already  known 
or  another  name  as  its  directors  or  trustees  shall  determine;  and  upon  so  doing  and 
upon  procuring  from  the  commissioner  of  insurance  a  certificate  of  authority  as  pre- 
scribed by  law  to  transact  business  in  this  state  as  a  legal  reserve  or  level  premium  life 
insurance  company  it  shall  incur  the  obligation  and  enjoy  the  benefits  thereof  the 
same  as  though  originally  thus  incorporated;  and  such  corporation  under  its  articles 
and  by-laws  as  so  framed  or  amended  shall  be  a  continuation  of  the  original  organiza- 
tion, society  or  corporation  and  the  officers  thereof  shall  serve  through  their  respective 
terms  as  provided  in  the  original  articles  and  by-laws,  but  their  successors  shall  be 
elected  and  serve  as  the  law  and  its  articles  and  by-laws  provide;  but  such  incorpora- 
tion, amendment  or  reincorporation  shall  not  affect  existing  suits,  rights  or  contracts. 

The  said  society,  organization  or  company  so  organized  shall  have  the  power  after 
reorganization  to  transact  business  of  the  same  nature  transacted  by  it  before  reorgani- 
zation, as  well  as  the  powers  conferred  hereby  and  contemplated  by  its  articles  of 
incorporation,  in  order  to  protect  and  perform  rights  and  contracts  existing  before 
reorganization. 

Capital  stock  of  reorganized  company.  Fund  when  contributions  not  equal  to  benefits. 
§  2.  Any  society,  organization  or  company  so  reorganized  shall  have  a  caj^ital  stock 
of  which  at  least  two  hundred  thousand  dollars  must  be  paid  up  previous  to  the  issu- 
ance of  any  policies  by  it  as  a  legal  reserve  or  level  premium  company.  All  assets 
belong  to  any  such  society,  organization  or  company  so  reorganized,  prior  to  reorganiza- 
tion, or  arising  or  accruing  from  policies,  certificates  or  benefit  certificates  issued  upon 
the  assessment  plan,  shall  be  used  only  for  the  benefit  of  the  holders  of  such  policies, 
certificates  or  benefit  certificates  and  no  portion  thereof  shall  be  used  or  considered 
as  any  part  of  the  capital  stock  provided  for  by  this  act.  If  at  the  time  or  reorganiza- 
tion, or  at  any  time  thereafter,  it  shall  appear  from  the  last  j^receding  annual  report  of 


253  BENEFIT  SOCIETIES.  Act  444.  §§  3,  4 

any  such  society,  organization  or  company  filed  with  the  commissioner  of  insurance,  or 
as  the  result  of  any  investigation  made  by  said  commissioner,  that  the  present  value  of 
the  contributions  to  be  received  from  the  holders  of  policies  or  benefit  certificates  on 
the  assessment  plan,  together  with  all  assets  owned  by  the  company  that  have  been 
accumulated  from  assessments  paid  by  members  on  that  plan,  are  not  equal  to  the  pres- 
ent value  of  the  benefits  to  be  derived  by  members  under  the  assessment  plan,  including 
all  matured  liabilities  j  then  the  society,  organization  or  company  so  reorganized  shall 
set  aside  and  maintain  a  fund  which  with  said  present  value  of  contributions  and 
assets  will  equal  the  present  value  of  said  benefits  together  with  all  matured  liabilities. 
Said  fund  shall  be  used  for  the  payment  of  matured  liabilities  arising  under  the  assess- 
ment plan  when  other  assets  applicable  thereto  are  exhausted.  Said  fund  may  be 
derived  from  the  capital  stock  of  said  reorganized  company;  provided,  however,  that 
the  paid-up  capital  stock  other  than  said  fund  shall  not  be  less  than  two  hundred 
thousand  dollars.  Said  fund  need  not  be  maintained  when  the  same  is  not  required  by 
conditions  as  herein  expressed.  Members  in  good  standing  of  any  such  company  prior 
to  reorganization  shall  have  the  right  after  reorganization  to  transfer  their  insurance 
in  said  company  to  the  legal  reserve  or  level  premium  plan  for  the  same  amount  without 
further  medical  examination,  and  at  the  legal  reserve  or  level  premium  rates.  The 
interest  and  the  assets  of  the  company  of  any  person  so  transfening  shall  be  trans- 
ferred to  and  be  a  part  of  the  assets  of  such  company  on  the  legal  reserve  or  level 
premium  plan. 

Powers  of  reorganized  company. 

§  3.  The  society,  organization  or  company  so  reorganized  and  its  oflScials  shall  exer- 
cise all  the  rights  and  powers  and  perform  all  the  duties  conferred  or  imposed  by  law 
upon  organizations  writing  the  kinds  of  insurance  written  by  said  society,  organiza- 
tion or  company  so  reorganized.  Such  organization  and  its  officials  shall  exercise  all 
the  rights  and  powers  and  perform  all  the  duties  necessary  to  protect  rights  and  con- 
tracts existing  prior  to  reorganization.  The  commissioner  of  insurance  shall  exercise 
the  powers  and  discharge  the  duties  concerning  any  such  society,  organization  or  com- 
pany so  reorganized  that  are  applicable  to  companies  writing  insurance  or  issuing  poli- 
cies of  the  same  class  organized  or  operating  in  the  state  of  California.  The  com- 
missioner of  insurance  must  issue  a  certificate  of  authority  to  any  such  society,  organi- 
zation or  company  so  reorganized  which  is  in  a  solvent  condition  and  has  fully  complied 
with  the  laws  of  this  state  to  transact  insurance  business  in  this  state. 

Valuation  of  policies. 

^  4.  Any  assessment  company  or  fraternal  benefit  society  incorporated  or  reincor- 
porated to  transact  a  life  insurance  business  as  above  provided  shall  value  its  assess- 
ment policies  or  certificates  or  benefit  certificates  according  to  the  standard  of  valu- 
ation of  assessment  insurance  used  in  this  state,  and  its  legal  reserve  or  level  premium 
policies  according  to  the  standard  of  valuation  thereof  in  this  state.  The  various 
kinds  of  insurance  written  shall  be  governed  by  the  law  applicable  thereto. 

Consoliflntion  of  fraternal  benefit  societies.  Organization   of  fraternal    [flre]   Insnrnnce 

— See,  post,  Act  445.  asNooiationii. — See,  ante.  Act   442. 

Fraternal    Insurance    act. — See,    ante,    Act  Organization    and    nianagrement    of    mutual 

••'•0.  benefit    and    life    associations.  —  See    Kerr's 

InNurnnce     and     insurance     companies     In  Cyc.    Civil    Code,    §8  452a-453. 

general. — See,  post,   tit.   "Insurance."  Orj^anization    and    management    of   mutual 

Uquidatinn   of  delinquent   insurance  asso-  life,   health   and  accident   insurance  corpora- 

ciatlons.— See,  post.  Act  2199.  tions. — See  Kerr's  Cyc.  Civil  Code,  H  437,  et 

seq. 


Act  445,  §§1-3  GE^'ERAl,   LAWS.  254 

CONSOLIDATION,  MERGER,  REINSURANCE. 

ACT  445 — An  act  to  provide  how  fraternal  "benefit  societies  organized  under  the  laws 

of  this  state  may  consolidate,  merge  or  reinsure  to  their  insurance  risks,  with  any 

other  fraternal  benefit  society,  or  assume  or  reinsure  the  risks  of  any  other  fraternal 

benefit  society,  and  to  provide  penalties  for  the  violation  of  the  provisions  hereof. 

History:     Approved  May  27,   1919.     In   effect  July   27,   1919.     Stats. 
1919,  p.  1199. 

Merging,  etc.,  of  fraternal  benefit  societies. 

§  1.  No  fraternal  benefit  society  organized  under  the  laws  of  this  state  to  do  the 
business  of  life,  accident  or  health  insurance,  shall  consolidate  or  merge  with  any 
other  fraternal  benefit  society,  or  reinsure  its  insurance  risks,  or  any  part  thereof, 
with  any  other  fraternal  benefit  society,  or  assume  or  reinsure  the  whole  or  any  por- 
tion of  the  risks  of  any  other  fraternal  benefit  society,  except  as  herein  provided.  No 
fraternal  benefit  societj'  or  subordinate  body  thereof  shall  merge,  consolidate  with  or  be 
reinsured  by  any  company  or  association  not  licensed  to  transact  business  as  a  fraternal 
beneficiary  society. 

Approval  of  contract  by  insurance  commissioner. 

§  2.  When  any  such  fraternal  benefit  society  shall  propose  to  consolidate  or  merge 
its  business  or  to  enter  into  any  contract  of  reinsurance,  or  to  assume  or  reinsure  the 
whole  or  any  portion  of  the  risks  of  any  other  fraternal  benefit  society  the  proposed 
contract  in  writing  setting  forth  the  terms  and  conditions  of  such  proposed  consolida- 
tion, merger  or  reinsurance  shall  be  submitted  to  the  legislative  or  governing  bodies  of 
each  of  said  parties  to  said  contract  after  due  notice,  and  if  approved,  such  contract 
as  so  approved,  shall  be  submitted  to  the  commissioner  of  insurance  of  this  statp  for 
his  approval  and  the  parties  to  said  contract  shall  at  the  same  time  submit  a  sworn 
statement  showing  the  financial  condition  of  each  of  such  fraternal  benefit  societies 
as  of  the  thirty-first  day  of  December  preceding  the  date  of  such  contract;  provided, 
that  such  insurance  commissioner  may,  within  his  discretion,  require  such  financial 
statement  to  be  submitted  as  of  the  last  day  of  the  month  preceding  the  date  of  such 
contract.  The  commissioner  of  insurance  shall  thereupon  consider  such  contract  of 
consolidation,  merger  or  reinsurance,  and  if  satisfied  that  the  interests  of  the  certificate 
holders  of  such  fraternal  benefit  societies,  are  properly  protected,  and  that  such  contract 
is  just  and  equitable  to  the  members  of  each  of  such  societies,  and  that  no  reasonable 
objection  exists  thereto,  shall  approve  said  contract  as  submitted.  In  case  the  parties 
corporate  to  such  contract  shall  have  been  incorporated  in  separate  states,  or  terri- 
tories, such  contract  shall  be  submitted  as  herein  provided  to  the  commissioner  of 
insurance  of  each  of  such  incorporating  states,  or  territories,  to  be  considered  and 
approved  separately  by  each  of  such  commissioners  of  insurance.  When  said  contract 
of  consolidation,  merger  or  reinsurance  shall  have  been  approved  as  hereinabove  pro- 
vided, such  commissioner  or  commissioners  of  insurance  shall  issue  a  certificate  to  that 
effect,  and  thereupon  the  said  contract  of  consolidation,  merger  or  reinsurance  shall  be 
in  full  force  and  effect.  In  case  such  contract  is  not  approved  the  fact  of  its  sub- 
mission and  its  contents  shall  not  be  disclosed  by  the  commissioner  of  insurance. 

£xpenses  of  proceedings. 

§  3.  All  necessary  and  actual  expenses  and  compensation  incident  to  the  proceedings 
provided  hereby  shall  be  paid  as  provided  by  such  contract  of  consolidation,  merger 
or  reinsurance;  provided,  however,  that  no  brokerage  or  commission  shall  be  included 
in  such  expenses  and  compensation  or  shall  be  paid  to  any  person  by  either  of  the 
parties  to  any  such  contract  in  connection  with  the  negotiation  therefor  or  execution 
thereof,  nor  shall  any  compensation  be  paid  to  any  otTicer  or  employee  of  either  of  the 


255  BENICIA — BERKELEY.  Acts  450,  456 

parties  to  such  contract  for  directly  or  indirectly  aiding  in  effecting  such  contract  of 
consolidation,  merger  or  reinsurance.  An  itemized  statement  of  all  such  expenses  shall 
be  filed  with  the  insurance  commissioner,  or  commissioners,  as  the  case  may  be,  subject 
to  approval,  and  when  approved  the  same  shall  be  binding  on  the  parties  thereto. 
Except  as  fully  expressed  in  the  contract  of  consolidation,  merger  or  reinsurance,  or 
itemized  statement  of  expenses,  as  approved  by  the  commissioner,  or  commissioners  of 
insurance,  as  the  case  may  be,  no  compensation  shall  be  paid  to  any  person  or  persons, 
and  no  officer  or  employee  of  the  state  shall  receive  any  compensation,  directly  or 
indirectly,  for  in  any  manner  aiding,  promoting  or  assisting  any  such  consolidation, 
merger  or  reinsurance. 

^     Penalty. 

§  4.  Any  person  violating  the  provisions  of  this  act  shall  be  guilty  of  a  felony,  and 
upon  conviction  shall  be  liable  to  a  fine  of  not  more  than  five  thousand  dollars,  or  to 
imprisonment  for  not  more  tjian  five  years,  or  to  both  fine  and  imprisonment. 

Insurance     and     insurance     companies     in  Whole   family   protection   for   members    of 

general. — See,  post,  tit.  "Insurance."  fraternal    benefit    societies. — See,    ante.    Act 

Organization  of  fraternal    [fire]    insurance  443. 

associations. — See,  ante,  Act  442.  Organization    and   management    of    mutual 

Organization  and  management  of  mutual  life,  health  and  accident  insurance  corpora- 
benefit  and  life  associations.  —  See  Kerr's  tions. — See  Kerr's  Cyc.  Civil  Code,  {§  437,  et 
Cyc,  Civil  Code,  §S  452a,  453.  seq. 

CHAPTER  27. 

BENICIA. 

References:    Incorporation,  see,  post,  Act  3094,  note. 
Quieting  title  to  certain  lands  in,  see  tit.  "Titles." 

CONTENTS  OF  CHAPTER. 

ACT  450.     Cession  of  Water  Front  to  Benicia. 

CESSION  OF  WATER  FRONT. 

ACT  450 — An  act  to  cede  certain  property  to  the  city  of  Benicia.    (Approved  May  3, 

1855.) 

History:    Approved  May  3,  1855,  Stats.  1855,  p.  239, 

Title  to  certain  lands  in  Benicia. — See  act  Shirley  v.  City  of  Benicia,  118  Cal.  344,  50 
of  1859,  p.  314.     This  and  other  acts  affecting       Pac.   404. 

title   to  lands  In  Benicia  are  referred   to  in  Water    front. — This   act   ceded    to   Benicia 

its  entire  water  front. 

CHAPTER  28. 
BERKELEY. 

CONTENTS  OF  CHAPTER. 
ACT  456.     Freeholders'  Charter. 

457.  Creating  Justice  Court. 

458.  Granting  Salt  Marsh  and  Tide  Lands. 

FREEHOLDERS'  CHARTER. 

ACT  456 — Freeholders'  Charter  of  the  city  of  Berkeley. 

History:  Adopted  March  4,  1909,  Stats.  1909,  p.  1208.  Amended 
January  29,  1913,  Stats.  1913,  p.  1502;  January  27,  1917,  Stats.  1917, 
p.  1814.  Superseded  the  charter  approved  at  the  election  of  February 
26,  1895.  Adopted  March  5,  1895.  Stats.  1895,  p.  406.  Amended  January 
25,  1905,  Stats.  1905,  p.  829;  which,  in  turn,  superseded  the  act  of 
Incorporation  of  April  1,  1878,  Stats.  1877-78,  p.  888. 


Acts  457,  45S,  §  1 


GElNERxVL.   LAWS. 


356 


1.  Conflict  Tfith  general  law. — The  char- 
ter of  1895,  having  been  adopted  prior  to  the 
amendment  of  1896  relieving  provisions  of 
freeholder  charters  in  "municipal  affairs" 
from  the  control  of  general  laws,  w^as  sub- 
ject to  general  lavv^s,  and  a  provision  in  that 
charter  empowering  the  trustees  to  pass  an 
ordinance  fixing  a  penalty  for  the  sale  of 
liquor  without  a  license,  in  conflict  with  the 
Penal  Code,  was  ineffective  and  invalid,  and 
its  invalidity  was  not  cured  by  the  amend- 
ment.— Ex  parte  Sweetman,  5  Cal.  App.  577, 
90  Pac.  1069. 

la.  Constitutionality  —  Special  la'w. — Sec- 
tion 19,  article  V,  of  the  Berkeley  charter, 
is  not  a  special  law  within  the  meaning  of 
subdivision  28,  section  25,  article  IV  of  the 
constitution. — Stern  v.  City  Council  of  Berke- 
ley,  25  Cal.   App.   685,   145  Pac.  167. 

2.  Inferior  courts. — In  view  of  sections  1 
and  13,  article  VI,  and  sections  15  and  16, 
article  IV,  of  the  constitution,  inferior 
courts  can  not  be  established  by  a  freehold* 
ers  charter,  approved  by  mere  resolution, 
but  requires  an  act  of  legislation,  and  an 
attempt  to  establish  such  courts  and  fix 
their  jurisdiction  without  such  formal  act 
of  legislation  is  unconstitutional. — People  v. 
Toal.  85  Cal.  333,  24  Pac.  603,  followed  in 
Miner  v.  Justice's  Court  of  Berkeley,  121 
Cal.  264,  53  Pac.  795. 

See,  also,  Ex  parte  Fedderurtz,  6  Cal. 
Unrep.  562,  62  Pac.  935. 

3.  Justices  of  the  peace. — Provisions  as 
to  justices  of  the  peace  in  cities  of  less 
than  10,000  inhabitants,  in  special  charters 
granted  prior  to  the  adoption  of  the  present 
constitution   were   not  repealed   by   that  in- 


strument, nor  by  subsequent  general  legis- 
lation after  its  adoption. — Ex  parte  Arm- 
strong, 84  Cal.  655,  24  Pac.   598. 

4.  Reorganization.  —  An  attempt  was 
made  to  reorganize  under  the  general  law 
of  1883,  but  the  attempt  failed,  although  the 
city  exercised  the  franchise  of  a  city  of  the 
fifth  class  under  the  abortive  reorganization 
for  some  months. — See  People  v.  Berkeley, 
102  Cal.   298,   23  L.   R.  A.  838,   36  Pac.   591. 

5.  School  director  of  the  city  of  Berkeley 
is  a  municipal  officer,  whether  the  duties  of 
his  ofl^ce  are  prescribed  by  the  charter  of 
general  law,  and  the  payment  of  his  com- 
pensation is  a  "municipal  affair." — Stern  v. 
City  Council  of  Berkeley,  25  Cal.  App.  685. 
145  Pac.   167. 

6.  Same  —  Compensation  —  Conflict  with 
general  law. — There  is  no  general  law  with 
respect  to  compensating  school  directors, 
and  no  general  law,  limiting  or  restricting 
the  right  of  a  freeholder  charter  city  to 
make  provision  for  such  compensation,  and 
section  19,  article  V  of  the  Berkeley  charter, 
is  valid,  as  in  furtherance  of  the  school  sys- 
tem.— Stern  v.  City  Council  of  Berkeley,  25 
Cal.  App.  685,  145  Pac.  167. 

7.  Same — Compensation. — Section  19,  ar- 
ticle V,  of  the  Berkeley  charter,  providing 
for  compensation  of  school  directors,  is  not 
invalid  under  subdivision  2,  section  8*4.  ar- 
ticle XI,  of  the  constitution,  as  it  existed 
prior  to  the  1911  amendment,  although  that 
section  of  the  constitution  prior  to  such 
amendment  contained  no  express  provision 
for  sucli  compensation. — Stern  v.  City  Coun- 
cil of  Berkeley,  25  Cal.  App.  685,  145  Pac. 
167. 


CREATING  JUSTICE  COURT. 

ACT  457 — An  act  to  create  a  court  in  and  for  the  town  of  Berkeley,  state  of  California. 

(Approved  March  27,  1895.     Stats.  1895,  p.  204.) 

History:    Approved  March  27,  1895,  Stats.  1895,  p.  204. 

in  Miner  v.  Justice's  Court,  121  Cal.   264,    53 
Pac.   795. 

See,  also.  Ex  parte  Armstrong,  84  Cal.  655, 
24  Pac.  598. 


.Justice  court  in  Berkeley — Unconstitu- 
tional.— This  act  created  a  justice  court  in 
Berkeley.     It  was  declared  unconstitutional 


GRANT  OF  SALT  MARSH  AND  TIDE  LANDS. 

ACT  458 — An  act  granting  to  the  city  of  Berkeley  the  salt  marsh,  tide  and  submerged 

lands  of  the  state  of  California,  including  the  right  to  wharf  out  therefrom  to  the 

city  of  Berkeley,  and  regulating  the  management,  use  and  control  thereof. 

History:  Approved  June  11.  1913.  In  effect  August  10,  1913.  Stats. 
1913,  p.  705.  Amended  May  27,  1915.  In  effect  August  8,  1915,  Stats. 
1915,  p.  901;  May  24,  1917.  In  effect  July  27,  1917.  Stats.  1917,  p.  915; 
May  25,  1919.    In  effect  July  25,  1919.    Stats.  1919,  p.  1089. 

Tidelands  granted  to  Berkeley. 

§  1.  There  is  hereby  granted  to  the  city  of  Berkeley,  a  municipal  corporation  of  the 
state  of  California,  and  to  its  successors,  all  the  right-,  title  and  interest  of  the  state  of 
California,  held  by  said  state  by  virtue  of  its  sovereignty  in  and  to  all  tidelands  and 
submerged  lands,  whether  filled  or  unfilled,  which  are  included  within  the  present 
boundaries  of  the  city  of  Berkeley,  to  be  forever  held  by  said  city  and  by  its  successors 
in  trust  for  the  use  and  purposes,  and  upon  the  express  conditions  following,  to  wit: 


1 
I 


::57  BE:RKIi:L.E:Y.  Act  458,  3  3 

Use  of  lands.    Use  of  lands,  city  of  Berkeley. 

(a)  That  said  lands  shall  be  used  by  said  city  and  its  successors,  only  for  the  estab- 
lishment, improvement  and  conduct  of  a  harbor,  and  for  the  construction,  maintenance 
and  operation  thereon  of  wharves,  docks,  piers,  slips,  quays,  and  other  utilities,  struc- 
tures and  appliances  necessary  or  convenient  for  the  promotion  and  accommodation  of 
commerce  and  navigation,  and  said  city  or  its  successors  shall  not,  at  any  time,  grant, 
convey,  give  or  alien  said  lands  or  any  part  thereof,  to  any  individual,  fii'm  or  cori^ora- 
tion,  for  any  purposes  whatever;  provided,  that  said  city  or  its  successors  may  grant 
franchises  thereon,  for  limited  periods,  but  in  no  event  exceeding  fifty  years  for 
wharves  and  other  public  uses  and  purposes,  and  may  lease  said  lands  or  any  part 
thereof  for  limited  periods,  but  in  no  event  exceeding  fifty  years,  for  the  purposes 
consistent  with  the  trusts  upon  which  said  lands  are  held  by  the  state  of  California, 
and  with  the  requirements  of  commerce  or  navigation  at  said  harbor. 

Improvement  of  harbor. 

(b)  That  said  harbor  shall  be  improved  by  said  city  without  expense  to  the  state, 
and  shall  always  remain  a  public  harbor  for  all  pui-poses  of  commerce  and  navigation, 
and  the  state  of  California  shall  have  at  all  times  the  right  to  use,  without  charge,  all 
wharves,  docks,  piers,  slips,  quays  and  other  improvements  constructed  on  said  lands, 
or  any  part  thereof,  for  any  vessel  or  other  water  craft,  or  railroad,  owned  or  operated 
by  the  state  of  California. 

Bates,  tolls,  etc. 

(c)  That  in  the  management,  conduct  or  operation  of  said  harbor,  or  any  of  the 
utilities,  structures  or  appliances  mentioned  in  paragraph  (a),  no  discrimination  in 
rates,  tolls,  or  charges  or  in  facilities  for  any  use  or  service  in  connection  therewith 
shall  ever  be  made,  authorized  or  permitted  by  said  city  or  its  successors. 

Right  to  fish  reserved  to  people. 

(d)  There  is  hereby  reserved,  however,  in  the  people  of  the  state  of  California  the 
absolute  right  to  fish  in  all  the  waters  of  said  harbor,  with  the  right  of  convenient 
access  to  said  waters  over  said  land  for  said  purpose.  [Amendment  of  May  25,  1919. 
In  effect  July  25,  1919.    Stats.  1919,  p.  1089.] 

This  section  was  also  amended  May  27,  1915,  Stats.  1915,  p.  902. 

$  2.     [Repealed  May  24,  1917.     In  effect  July  27,  1917.     Stats.  1917,  p.  915.} 
This  section  was  amended  May  27,  1915,  Stats.  1915,  p.  903. 

BEVERLY  HILLS. 

See  Act  3094,  note. 

BIG  TREES. 
See  tits.  "Growing  Timber";  "Yosemite  Valley." 

BIGGS. 

See  Act  3094,  note. 

BILLS  AND  NOTES. 
See  Kerr's  Cyc.  Civil  Code,  H  3082,  et  seq. 


Gen.  Laws — 17 


Acts  471,  472,  §§  1,  2  GENERAL  L.A\I  S.  258 

CHAPTER  29. 
BIRD  AND  ARBOR  DAY. 

CONTENTS  OF  CHAPTER. 
ACT  471.     CoNSEKVATioN,  Bird,  and  Arbor  Day  Act. 

CONSERVATION,  BIRD  AND  ARBOR  DAY  ACT. 

ACT  471 — An  act  to  establish  a  conservation,  bird  and  arbor  day,  and  to  repeal  an  act 

entitled,  "An  act  to  establish  a  bird  and  arbor  day,"  approved  March  3,  1909. 

History:  Approved  May  22,  1915.  In  effect  August  8,  1915,  Stats. 
1915,  p.  777.  Prior  act  repealed:  Act  of  March  3,  1909.  Stats.  1909, 
p.  134. 

Bird  and  arbor  day.     Suitable  exercises  for  schools. 

^  1.  March  seventh  of  each  year,  being  the  anniversary  of  the  birthday  of  Luther 
Burbank,  is  hereby  set  apart  and  designated  conservation,  bird  and  arbor  day.  All 
public  schools  and  educational  institutions  are  directed  to  obsei've  conservation,  bird  and 
arbor  day,  not  as  a  holidaj'^,  but  by  including  in  the  school  work  of  the  day  suitable 
exercises  having  for  their  object  instruction  as  to  the  economic  value  of  birds  and  trees, 
and  the  promotion  of  a  spirit  of  protection  toward  them,  and  as  to  the  economic  value 
of  natural  resources,  and  the  desirability  of  their  conservation. 

§  2.  An  act  entitled,  "An  act  to  establish  a  bird  and  arbor  day,"  approved  March  3. 
1909,  is  hereby  repealed. 

BISHOP. 

See  Act  3094,  note. 

CHAPTER  29a. 

BLIND. 
References:   See  tit.  "Home  for  Adult  Blind." 

CONTENTS  OF  CHAPTER. 
ACT  472.    County  Relief  Fund  for  Needy  Bund. 

COUNTY  RELIEF  FUND. 
ACT  472 — An  act  to  provide  a  relief  fund  in  the  several  counties  or  any  city  and  cotmty 
of  the  state  for  the  needy  blind,  providing  for  and  prescribing  the  powers  and  duties 
of  boards  of  supervisors  in  every  county  or  city  and  county. 

History:  Approved  May  2,  1919.  In  effect  July  22,  1919.  Stats.  1919, 
p.  18S. 

Tax  for  relief  of  needy  blind. 

§  1.     The  boards  of  supervisors  of  the  several  counties  and  cities  and  counties  in  this 

state  are  hereby  authorized  and  permitted  to  levy,  in  addition  to  the  taxes  now  levied 

by  law  for  other  purposes  than  those  herein  provided,  a  tax  not  exceeding  two-tenths 

of  one  mill  per  dollar  on  the  assessed  value  of  the  property  of  their  respective  counties 

and  cities  and  counties  to  be  levied  and  collected  as  now  provided  by  law  for  the 

assessment  and  collection  of  taxes,  for  the  purpose  of  creating  a  fund  for  the  relief  of 

the  needy  blind  of  their  respective  counties  and  cities  and  counties. 

Needy  blind  person  defined. 

§  2.  A  needy  blind  person  shall  be  construed  to  mean  any  person  who,  by  reason  of 
loss  of  eyesight,  is  unable  to  provide  himself  with  the  necessities  of  life,  and  who  has 
not  sufficient  means  of  his  own  to  enable  him  to  maintain  himself. 


259  BLIIVD.  Act  472,  §§  3-i 

Residence  qualification. 

$  3.  A  needy  blind  person,  in  order  to  receive  relief  under  this  act,  must  be  a  resi- 
dent of  this  state  at  the  time  this  act  takes  effect,  or  become  blind  while  a  resident  of 
this  state,  and  shaU  be  a  resident  of  the  county  for  one  year  next  preceding  the  date 
of  the  application  provided  for  herein. 

Claims  for  relief.    Amount. 

$  4.  All  persons  claiming  relief  under  this  act  shall  file,  at  least  ten  days  prior  to 
action  on  said  claims,  with  the  board  of  supervisors  a  duly  verified  statement  of  the 
facts  bringing  him  within  the  provisions  of  this  act.  The  list  of  claims  shall  be  filed  in 
the  order  of  filing  in  a  book  furnished  for  that  purpose  by  the  board  of  supervisors, 
and  which  record  shall  be  open  to  the  public.  No  certificate  of  qualification  for  draw- 
ing money  under  this  act  shall  ever  be  granted  until  the  board  of  supervisors  shall  be 
satisfied,  from  the  evidence  of  at  least  two  reputable  residents  of  said  county  and  city 
and  county,  one  of  whom  shall  be  a  duly  and  regularly  licensed  and  practicing  physician, 
that  they  know  the  applicant  to  be  blind,  and  that  he  has  the  residential  qualifications 
to  entitle  him  to  the  relief  asked  for,  which  evidence  shall  be  in  writing,  subscribed  to 
by  such  witnesses,  subject  to  the  right  of  cross-examination  by  the  board  of  super- 
visors or  other  persons.  If  the  board  of  supervisors  is  satisfied  upon  such  testimony 
that  the  applicant  is  entitled  to  relief  hereunder,  they  shall  issue  an  order  therefor,  in 
such  sum  as  they  find  needed,  not  to  exceed  one  hundred  fifty  dollars  per  annum,  to  be 
paid  quarterly  out  of  the  fund  herein  provided  for  on  the  warrant  of  the  county 
auditor,  or  auditor  of  the  city  and  county,  and  such  relief  shall  be  in  lieu  of  any  other 
relief  of  a  public  nature. 

Annual  examination  of  blind  list. 

$  5.  The  board  of  supervisors  shall  annually  examine  as  to  the  qualifications  of  any 
one  on  the  blind  list  and  increase  or  decrease  the  allowance  within  the  statutory  limits, 
or  if  said  board  is  not  satisfied  that  the  person  so  on  the  list  is  qualified  to  draw  any 
money  said  board  shall  entirely  remove  him  from  the  list  and  shall  forthwith  notify  the 
auditor  of  such  action. 

Examination  of  applicants. 

$  6.  The  board  of  supervisors  of  every  county  and  city  and  county  shall  meet  within 
thirty  days  after  this  act  takes  effect  and  thereafter  annually  on  such  days  as  the  board 
shall  select  and  at  such  times  as  may  be  necessary  and  examine  carefully  the  list  of 
applications  filed  hereunder. 

Transfer  of  money  from  poor  fund. 

§  7.  The  board  of  supervisors  of  every  county  or  city  and  county  are  hereby  author- 
ized and  directed  to  transfer  from  any  money  in  the  poor  fund  of  any  countv  to  the 
blind  fund,  herein  provided,  for  the  year  1919,  sufficient  money  to  cany  out  the 
purposes  of  this  act. 

False  statement. 

§  8.  Any  person  who  shall  make  a  false  statement  in  order  to  secure  for  himself  or 
another,  the  benefit  herein  provided,  shall  be  guilty  of  perjury. 

Rules  and  regulations. 

^  9.  It  is  hereby  declared  to  be  the  duty  of  the  board  of  supervisors  in  each  county 
and  city  and  county  to  adopt  such  rules,  regulations  and  ordinances  necessary  to  carry 
into  effect  the  purposes,  aims  and  objects  of  this  act.  It  shall  be  competent  for  the 
board  of  supervisors  mentioned  herein  to  appoint  such  person  or  persons  to  act  for 
such  board  in  carrying  out  the  object  or  objects  and  purposes  of  this  act. 


A^ct4T3  GENERAL   LAWS.  -66 

CHAPTER  29b. 
BLUE  BOOK. 

CONTENTS  OF  CHAPTER. 
ACT  473.     Compiling,  Publishing,   aico  Distributing. 

COMPILATION,  PUBLISHING  AND  DISTRIBUTION. 

ACT  473 — An  act  to  provide  for  the  compilation,  printing,  binding,  publishing  and 

distribution  of  a  legislative  manual  and  state  blue  book,  or  roster,  and  repealing 

conflicting  acts. 

History:  Approved  February  13,  1903,  Stats.  1903,  p.  19.  Prior  acts: 
March  31,  1891,  Stats.  1891,  p.  454.  Repealed  by  Act  of  March  23,  1893, 
Stats.  1893,  p.  218,  which  was  repealed  by  the  present  act. 

"Blue  book." 

§  1.  The  secretary  of  state  is  hereby  authorized  to  compile,  or  cause  to  be  com- 
piled, published  and  distributed  seven  thousand  five  hundred  copies  of  a  legislative 
manual,  state  blue  book,  or  roster.  The  volume  shall  be  ready  to  distribute  at  the 
beginning  of  the  next  fiscal  year,  and  at  the  same  time  biennially  thereafter. 

Distribution. 

$  2.     The  volumes  shall  be  distributed  as  follows : 

To  the  governor  of  the  state,  fifty  copies. 

To  each  elective  state  officer,  senator  and  member  of  the  assembly,  twenty  copies. 

To  the  clerk,  sherifi;  and  district  attorney  of  every  county  of  the  state,  one  copy  each. 

To  every  judge  of  the  supreme  court,  supreme  court  commissioners,  and  judges  of  the 
superior  court,  one  copy  each. 

To  the  mayor  of  every  city,  or  chairman  of  its  board  of  trustees  in  this  state,  one 
copy  each. 

To  the  state  library,  twenty  copies. 

To  every  public  and  every  law  library  in  this  state,  one  copy  each. 

To  the  governor  and  secretary  of  state  of  every  state  in  the  union,  one  copy  each. 

To  the  congressional  library  at  Washington,  D.  C,  five  copies. 

To  each  high  school  in  this  state,  one  copy. 

The  remainder  of  the  volumes  shall  be  distributed  at  discretion  by  the  secretary  of 
state. 

Acts  repealed. 

$  3.  The  acts  of  March  thirty-first,  eighteen  hundred  and  ninety-one,  and  March 
twenty-third,  eighteen  hundred  and  ninety-three,  on  same  subject,  and  all  other  acts 
in  conflict  with  the  provisions  of  this  act,  are  hereby  repealed. 

$  4.     This  act  shall  take  effect  from  and  after  its  passage. 

BLUE  LAKE. 

See  Act  3094,  note. 

"BLUE  SKY  LAW." 
See  tit.  "Investment  Companies." 

BLYTHE. 
See  Act  3094,  note. 


261  B'JVAI  B'RITH.  ACt  477 

CHAPTER  30. 
B'NAI  B'RITH. 

CONTENTS  OF  CHAPTER. 
ACT  477.     Permission  to  Incorporate  Under  the  Act  of  1853. 

PERMISSION  TO  INCORPORATE. 

ACT  477 — An  act  concerning  the  Independent  Order  of  B'nai  B'rith  (Sons  of  the 
Covenant). 

History:    Approved  March  25,  1868,  Stats.  1867-68,  p.  310. 

This    act    extended     to     B'nai     B'rith     all       May  18,  1853,  relating  to  the  formation  and 
rights,  privilegres  and  immunities  of  the  act       management  of  corporations. 

BOARD  OF  AGRICULTURE. 

See  tit.  "Agriculture." 

BOARD  OF  AUTHORIZATION. 

See  tit.  "Taxation." 

BOARD  OF  CHARITIES  AND  CORRECTIONS. 

See  tit.  "Charities  and  Corrections." 

BOARD  OF  COLTON  HALL  TRUSTEES. 

See  tit.  "Colton  Hall." 

BOARD  OF  CONTROL. 

See  Kerr's  Cyc.  Political  Code,  §§  654,  et  seq. 

BOARD  OF  ELECTION  COMMISSIONERS. 

See  tit.  "Elections";  Kerr's  Cyc.  Political  Code,  $$1075,  et  seq. 

BOARD  OF  EQUALIZATION. 

See  tit.  "Taxation";  Kerr's  Cyc.  Political  Code,  tit.  "Taxation.'* 

BOARD  OF  EXAMINERS. 
See  Kerr's  Cyc.  Political  Code,  §§  654,  et  seq. 

BOARD  OF  FORESTRY. 

See  tit.  "Forestry." 

BOARD  OF  FREEHOLDERS. 
See  tits.  "Elections";  "Municipal  Corporations." 

BOARD  OF  HARBOR  COMMISSIONERS. 
See  tit.  "Harbor  Commissioners";  Kerr's  Cyc.  Political  Code,  tit.  "Harboj 

Commissioners. ' ' 

BOARD  OF  MEDICAL  EXAMINERS. 

See  tit.  "Medicine." 

BOARD  OF  PHARMACY. 
See  tit.  "Pharmacy." 

BOARD  OF  REGENTS. 

See  tit.  "University  of  California";  Kerr's  Cyc.  Political  Code.  ^  1425,  et  seq. 


Act  4S5,  8  1  GENERAL   LAWS.  262 

BOARDS  OF  EDUCATION. 

See  tit.  ''Schools";  Kbit's  Cyc.  Political  Code,  $$1606,  et  seq. 

BOARDS  OF  EXAMINATION. 
See  Kerr's  Cyc.  Political  Code,  §$1667,  1776,  1788-1792;  Kerr's  Cyc.  Code  Civil 

Procedure,  $  276a. 

BOARDS  OF  HEALTH. 
See  tit.  "Public  Health";  Kerr's  Cyc.  Political  Code,  $$  2978,  et  seq. 

BOARDS  OF  TRADE. 

See  "Chambers  of  Commerce.'* 

CHAPTER  31. 

BONDS. 

References:   Highway  bonds,  public  building  bonds,  harbor  bonds,  and  other  particular 

issues,  see  particular  title. 
Municipal  bonds,  street  improvement  bonds,  irrigation  and  other  district  bonds,  see 

particular  title. 
School  bonds,  see  Kerr's  Cyc.  Political  Code,  §§  1880,  et  seq. 
Seawall  bonds,  see  tit.  "Harbor  Commissioner." 
Surety,  official  and  judicial  bonds,  see  Kerr's  Cyc.  Codes,  particular  title. 

CONTENTS  OF  CHAPTER. 

I.     BONDS,    SURETY. 
11.     BONDS,  MONEY  SECURITIES. 

I.     BONDS,  SURETY. 
ACT  485.     Cost  of  Trust  Bonds  Chargeable  to  Trust  Estate. 

487.  Cost  of  Official  Bonds,  Chargeable  to  State,  Counties,  CrriKS,  Cities  and 

Counties. 

488.  Deposits  of  Moneys  and  Assets  Held  by  Bonded  Fiduciaries. 

COST  OF  TRUST  BONDS. 

ACT  485 — An  act  making  the  cost  of  certain  bonds  of  receivers,  assignees,  trustees, 

guardians,  administrators  and  executors  chargeable  to  a  certain  extent  against  the 

trust  estate. 

History:    Approved  March  20,  1905,  Stats.  1905,  p.  477. 

§  1.  Any  receiver,  assignee,  trustee,  guardian,  administrator  or  executor  required  by 
law  or  by  the  order  of  court  to  give  a  bond  as  such,  shall  be  allowed  as  part  of  the 
lawful  expenses  of  executing  his  trust,  the  sum  paid  for  such  bond,  not  exceeding, 
however  one-half  (V2)  of  one  (1)  per  cent  of  the  amount  of  such  bond,  for  each  year 
that  the  same  shall  remain  in  force. 

Coustrued. Not    retroactive    to    the    im-  1057;   Kerr's  Cyc.  Political   Code,    §955,   sub- 

pairment  of  vested  rights.— Estate   of  Rich-  division    4. 

mond,   9  Cal.  App.  402,  99  Pac.  554.  Judicial     bonds     and     undertakings.  —  See 

Bail    and    other    bonds. — See    Kerr's    Cyc.  Kerr's     Cyc.     Code     Civil     Procedure,     tits. 

Penal    Code,    tits.    "Bail,"    "Arrest,"    "Under-  "Bonds,"     "Surety    Companies,"     "Undertak- 

taking,"   "Bond."  ings." 

Bonds   of   officers,   in    general. — See    Kerr's  Suretyship    and    guaranty,   and    indemnify, 

Cyc.  Political  Code,  §§  947,  et  seq.  in  general. — See  Kerr's  Cyc.  Civil  Code,  tits. 

Corporations    as    sureties    on    bonds — See  "Suretyship,"   "Guaranty,"   "Indemnity." 
Kerr's    Cyc.    Code    Civil    Procedure,    §§  1056, 


263  BONDS.  Acts  487, 48S,  §  1 

COST  OF  OFFICIAL  BONDS. 
ACT  487 — An  act  to  provide  for  the  payment  by  the  state,  or  counties,  or  cities,  or 
cities  and  counties,  of  the  premium  or  charge  on  official  bonds  when  given  by  surety 
companies. 

History:    Approved  March  20,  1903,  Stats.  1903,  p.  476. 

Premium  on  official  bonds  a  public  charge. 

$  1.  The  premium  or  charge  for  bonds  given  by  surety  companies  for  state  oflSeials, 
county  officials,  city  officials,  or  city  and  county  officials,  shall  be  paid  by  the  state, 
county,  city,  or  city  and  county  respectively;  provided,  however,  that  no  premium  or 
charge  shall  exceed  one-half  of  one  per  centum  per  annum  on  the  amount  of  such 
bond;  and  provided,  further,  that  this  act  shall  not  apply  to  notaries  public. 

$  2.     This  act  shall  take  effect  from  and  after  its  passage. 

1.  Scope  of  act — "Surety  companies." —  given  by  surety  companies,  the  courts  must 
The  phrase  "surety  companies"  as  used  in  assume  in  support  of  the  constitutionality  of 
the  act  was  Intended  to  include  any  corpora-  the  act,  that  the  classification  was  made  on 
tion  organized  for  the  purpose  of  carrying  that  ground. — County  of  San  Luis  Obispo  v. 
on  the  business  of  becoming  surety  on  bonds  Murphy,  162  Cal.  588,  591,  Ann.  Cas.  1913D, 
and    undertakings,    which    is    authorized    by  712,   123  Pac.   808. 

sections    1056    and    1057,    Code    of   Civil    Pro-  4.     Same. — The  act  is  not  violative  of  sec- 

cedure,    and    subdivision    4    of    section    955,  tlon  11,  article  I,  or  of  section  21,  article  II, 

Political    Code,    to    become    surety    on    bonds  or    subdivision    9,    section    25    of    article    IV, 

and  undertakings  required  by  law.^County  of    the    constitution. — County    of    San    Luis 

of  San  Luis  Obispo  v.  Murphy,   162  Cal.   588,  Obispo    v.    Murphy,    162    Cal.    588,    590,    Ann. 

590,  Ann.   Cas.    1913D,   712,    123    Pac.    808.  Cas.   1913D,    712,   123   Pac.   808. 

2.  Constitutionality  —  Corporation.s  as  Corporations  as  sureties  on  bonds. — Sea 
.sureties  on  bonds. — Act  authorizing  held  Kerr's  Cj^c.  Code  Civil  Procedure,  §§  1056, 
constitutional. — Cramer  v.  Tittle,  72  Cal.  12,  1057;  Kerr's  Cyc.  Political  Code,  §  955, 
12  Pac.   869.  subdv.   4. 

:;.     Same.  —   Act      held      constitutional.  —  Bail    and    otber    bonds. — See    Kerr's    Cyc. 

County    of   San   Luis   Obispo   v.   Murphy,    162  Penal    Code,    tits.    "Arrest,"    "Bail,"    "Bond," 

Cal.   5SS,   590,   Ann.   Cas.   1913D,   712,   123   Pac.  "Undertaking." 

808;  County  of  San  Luis  Obispo  v.  Smith,  21  Official  bonds  In  general. — See  Kerr's  Cyc. 

Cal.  App.   55,   130  Pac.   S58.  Political    Code,    §§  947,    et   seq. 

.1.      Same — Presumption  in  su'-nort  of  con-  Suretyship,    guaranty    and    indemnity,     in 

Mtitutionality. — It    will    not    1"       ssumed    for  general.— See    Kerr's    Cyc.    Civil    Code,    tits, 

the  purpose  of  nullifying  the  •     c  that  it  was  "Suretyship,"    "Guaranty,"    "Indemnity." 

intended    to    discriminate    against    personal  Judicial      bonds     and     undertakings. — See 

sureties  or  in   favor  of  certain   officers;   and  Kerr's     Cyc.      Code     Civil     Procedure,      tits, 

if  a  reasonable  ground  can  be  conceived  for  "Bonds,"     "Surety     Companies,"     "Undertak- 

confining  the   operation   of  the  act  to  bonds  ings." 

DEPOSIT  OF  FUNDS  HELD  BY  BONDED  FIDUCIARIES. 
ACT  488 — An  act  relating  to  the  deposit  of  moneys  and  assets  held  by  bonded  fiduciaries 
providing  for  agreements  between  surety  and  fiduciary  as  to  place  of  deposit  of  such 
funds  and  assets. 

History:    Approved  June  11,  1915.    In  effect  August  10,  1915.    Stats. 
1915,  p.  1438. 

Deposit  of  money  held  by  bonded  fiduciaries. 

§  1.  It  shall  be  lawful  for  any  party  of  whom  a  bond  undertaking  or  other  obligation 
is  required  to  agree  with  his  surety  or  sureties  for  the  deposit  of  any  or  all  moneys 
and  assets  for  which  such  surety  or  sureties  are  or  may  be  held  responsible,  with  a 
bank,  savings  bank,  safe  deposit  or  trust  company,  authorized  by  law  to  do  business 
as  such,  or  other  depository  approved  by  the  court,  or  a  judge  thereof,  if  such  deposit 
is  otherwise  proper,  for  the  safe-keeping  thereof,  and  in  such  manner  as  to  prevent 
the  withdrawal  of  such  money  and  assets  or  any  part  thereof,  without  the  written 
consent  of  such  surety  or  sureties,  or  an  order  of  court,  or  a  judge  thereof,  made  on 
such  notice  to  such  surety  or  sureties  as  such  court  or  judge  may  direct;  provided, 
however,  that  such  agreement  shall  not  in  any  manner  release  from  or  change  the 
liability  of  the  principal  or  sureties  as  established  by  the  terms  of  the  said  bond. 


Acts  493,  494 


GKNKRAL   LAWS. 


264 


II.     BONDS,  MONEY  SECURITIES. 

ACT  493.  State  Bonds. 

494.  State  Funded  Debt  Bond. 

495.  State   Funded  Indebtedness,  Payment  op  Loan   Commissionees. 
501.  County  Bonds. 

514.  Registration  of  Bonds. 

515.  State  Fiscal  Agency. 

516.  State  Building  Bonds — Sacramento. 

518.  Farm  Loan  Bonds,  Legal  Investment. 

519.  Sale  op  State  Lands,  Commission  On. 


STATE  BONDS. 

ACT  493 — An  act  to  provide  for  the  payment  of  interest  on  the  outstanding  bonds  of 
the  state  held  in  trust  for  the  university  fund  and  the  state  school  fund. 

History:     Approved    March    3,    1893,    Stats.    1893,    p.    75.      Amended 


March  11,  1899,  Stats, 
the  title. 


1899.  p.  93.     The  amending  act  also  amended 


The  public  debt. — Acts  relating  to  the 
public  debt,  the  issue  of  bonds  to  liquidate 
the  same,  and  the  issue  of  refunding  bonds, 
when  required  or  appropriate,  are  for  the 
most  part  obsolete,  having:  accomplished 
their  purposes,  and  the  debts  and  bonds 
having  for  the  most  part,  or  entirely,  paid 
or  taken  up  by  the  state  for  university  or 
school  endowment  purposes.  Tlie  first  act 
was  passed  January  5,  1850,  and  was  fol- 
lowed by  two  more  acts  by  the  legis'ature 
of  that  year.  Practically  every  legislature 
from  the  first  to  the  eighteenth  session 
passed  one  or  more  acts  bearing  upon  the 
subject.  The  legislature  of  1871-72.,  which 
adopted  the  codes  expressly  continued  all 
these  acts  in  force.  They  dealt  with  many 
expenditures,  expenses  of  the  state  govern- 
ment, civil  war  loan  bonds,  Indian  war  loan 
bonds,  state  capitol  bonds,  university  con- 
struction   bonds,   railroad    aid   bonds,    etc. 

The  most  important  of  these  acts  were 
the  refunding  acts  of  April  28,  1857  (Stats. 
1857,  p.  300),  April  30,  1860  (Stats.  1860, 
p.  352),  and  April  2,  1870  (Stats.  1869-70). 
The  first  authorized  an  issue  of  $3,900,000, 
«even  per  cent,  twency-year  bonds,  for  the 
•purpose  of  liquidating,  funding  and  paying 
'iutstanding  clairnj  against  the  state.  The 
■second  authnriysd  the  issue  of  $200,000, 
«ievep  per  cent,  twenty-year  bonds  to  take 
".p  o«^.5ianding  bonds  of  the  issues  of  1852, 
1853,  1855  and  1856,  and  certain  outstanding 
warrants  and  unpaid  claims.  The  third 
authorized  the  issuance  of  twenty-year 
bonds,     not     exceeding     three    million     and 


seven  hundred  thousand  dollars.  The  pro- 
ceeds from  this  bond  issue  were  used  for 
paying  the  prior  outstanding  bonds  issued 
under  acts  of  1857  and  1860  respectively, 
and  also  outstanding  soldiers'  relief  and 
soldiers'  bounty  bonds. — See  Bickerdike  v. 
State,   144  Cal.   681,   695,   78  Pac.   270. 

Same — By  the  act  of  December  22,  1873, 
Stats.  1873-4,  6,  ch.  IX,  the  state  treasurer 
and  governor  were  authorized  to  dispose  of 
sixty-five  thousand  dollars  of  United  States 
five-twenty  bonds  then  being  held  for  the 
benefit  of  the  University  of  California,  and 
to  purchase  therewith  state-funded-debt 
bonds;  and  by  Stats.  1873-4,  235,  ch.  CLXXI, 
the  loan  commissioners  created  by  the  be- 
fore-mentioned act  of  1869-70,  were  empow- 
ered to  dispose  of  such  bonds  as  were 
authorized  to  be  issued  under  that  act,  and 
not  exchanged  for  other  bonds,  or  purchased 
for  the  university  and  school  funds,  in  any 
manner  they  might  deem  best.  I*  is  under- 
stood that  these  are  the  bonds  authorized  to 
be  purchased  (and  that  they  were  pur- 
chased) under  the  above  cited  act  of  1873-4, 
6,  with  funds  arising  from  the  sale  of 
United  States  five-twenty  bonds.  These 
are  the  bonds  referred  to  In  the  act  which 
precedes  this  note. 

Tlie  other  outstanding  bonds  of  the  state 
of  the  issue  of  1873-4,  specifically  referred 
to  by  number,  were  taken  up  under  the  act 
of   1893.      See,   post,    Act    497. 

As  to  state  capitol  bonds,  see,  post,  Act 
712. 


STATE  FUNDED  DEBT. 

ACT  494 — An  act  to  provide  for  the  redemption  and  payment  of  certain  funded  debt 
bonds  of  this  state,  together  with  interest  thereon,  making  an  appropriation  therefor, 
and  authorizing  the  state  controller  and  state  treasurer  to  transfer  the  sum  of  one  hun- 
dred and  twenty  thousand  dollars  from  the  general  fund  to  the  interest  and  sinking 
fund  to  carry  out  the  provisions  of  this  act.     [Approved  February  27,  1893.    Stats. 

1893,  p.  49.] 

History:    Approved  February  27,  1893,  Stats.  1893,  p.  49. 

I'ublic  debt. — See  note  to  ante  Act  493. 


265  BOXDS.  Acts  485,  501,  §§  1-4 

LOAN  COMMISSIONERS  STATE  FUNDED  DEBT. 

ACT  495 — An  act  to  provide  for  tlie  payment  of  funded  indebtedness  of  the  state  of 

California,  and  to  contract  a  funded  debt  for  tbat  purpose.     [Approved  March  31, 

1891.    Stats.  1891,  p.  210.] 

History:    Approved  March  31,  1891,  Stats.  1891,  p.  210. 

Loan  commissioners. — This  act  created  a  dicated,  and  provided  for  the  sale  and  re- 
board  of  commissioners  for  the  purpose  in-       demption   of  the  bonds. 

Public  debt. — See  note  to  ante,  Act  493. 

COUNTY  BONDS. 
ACT  501 — An  act  to  authorize  the  several  counties  of  this  state  to  create  a  bondt?d 
indebtedness  for  certain  purposes. 

History:    Approved  March  19,  1889,  Stats.  1889,  p.  348. 

Issuance  of  bonds  to  pay  county  indebtedness,  not  created  by  law,  to  be  submitted  to 

a  vote. 

$  1.  Whenever  it  shall  appear  to  the  satisfaction  of  the  board  of  supervisors  of  any 
county  of  this  state  that  said  county  is  justly  indebted  to  any  person  or  persons  for 
money  received  into  the  treasury  of  said  countj'^,  and  used  by  said  county,  and  which 
said  indebtedness  at  the  time  of  its  creation  was  not  authorized  by  law,  they  shall, 
by  ordinance,  declare  that  said  county  is  justly  indebted  to  the  person  or  persons 
named  in  said  ordinance,  in  a  sum  named  therein,  and  that  the  question  of  issuing 
bonds  in  the  sum  therein  named,  for  the  purpose  of  paying  said  debt,  shall  be  sub- 
mitted to  a  vote  of  the  legal  voters  of  said  county. 

Notice  of  election. 

$  2.  The  supervisors  of  said  county  shall  thereupon  publish  a  notice  calling  an 
election  to  be  held  in  said  county,  submitting  to  the  voters  of  said  county  the  question 
whether  said  bonds  shall  be  issued  or  not.  The  notice  shall  state  the  amount  of 
bonds  to  be  issued,  the  purpose  for  which  they  are  issued ;  said  notice  shall  be  published, 
and  the  election  held  as  provided  by  section  thirtj^-seven  of  an  act  of  the  legislature  of 
the  state  of  California,  entitled  "an  act  to  establish  a  uniform  system  of  county  and 
township  governments,"  approved  March  fourteen,  eighteen  hundred  and  eighty-three. 

Return. 

§  .3.  If  upon  return  of  the  election  it  shall  appear  that  two-thirds  of  all  the  voters 
voting  at  such  election  have  voted  in  favor  of  issuing  said  bonds,  the  supervisors  are 
required  to  issue  bonds  in  the  sum  named  in  the  notice  of  election,  payable  to  the 
creditors  named  in  said  ordinance;  said  bonds  shall  bear  interest  at  the  rate  of  five 
per  cent  per  annum,  and  shall  be  payable  at  such  time  as  the  board  of  supervisors  shall 
order,  not  exceeding  twenty  years  from  date.  They  shall  be  signed  by  the  chairman 
of  the  board  of  supervisors  and  county  clerk. 

Tax  levy  to  pay  interest. 

^  4.  It  shall  be  the  duty  of  the  board  of  supervisors  each  year  to  levy  a  tax  sufficient 
to  pay  the  annual  interest  on  said  bonds,  and  to  pay  the  principal  as  the  same  shall 
become  due. 

This  act  is  to  take  effect  from  and  after  its  passage. 

County  government  act  of  1807. — Compare       provision    In    the   code,   Kerr's  Cyc.   Political 

this    act    with    subdivision    13,    §  25,    county       Code,   §§  4088,   4088a. 
government  act  of  1897,  and  the  superseding 


Act  514,  §§  1-3  GENERAL.   LAAVS.  266 

REGISTRATION  OF  BONDS. 
ACT  514 — An  act  to  provide  for  the  registration  of  bonds  issued  "by  the  state  of  Cali- 
fornia, or  any  county,  city  and  county,  municipal  corporation,  or  other  public  corpo- 
ration. 

History:    Approved  April  14,  1913.    In  effect  August  10,  1913.     Stats. 
1913,  p.  23. 

Registration  of  bonds.    Transfer  of  bonds.    Statement. 

$  1.  Whenever  the  owner  of  any  coupon  bond,  or  of  any  bond  payable  to  bearer, 
already  issued  or  hereafter  issued  by  the  state  of  California,  or  any  county,  city  and 
county,  municipal  corporation,  or  other  public  corporation,  now  or  hereafter  existing  in 
this  state,  shall  present  any  such  bond  to  the  treasurer  or  other  oificer  of  such  corpora- 
tion, who  by  law  performs  the  duties  of  treasurer,  with  a  request  for  the  conversion  of 
such  bond  into  a  registered  bond,  such  treasurer,  or  such  other  officer,  shall  cut  off  and 
cancel  the  coupons  of  any  such  coupon  bond  so  presented,  and  shall  stamp,  print,  or 
write  upon  such  coupon  bond,  or  such  other  bond  payable  to  bearer,  so  presented,  either 
upon  the  back  or  upon  the  face  thereof,  as  may  be  convenient,  a  statement  to  the  effect 
that  the  said  bond  is  registered  in  the  name  of  the  owner,  and  that  thereafter  the 
interest  and  principal  of  said  bond  are  payable  to  the  registered  owner.  Thereafter, 
and  from  time  to  time  any  such  bond  may  be  transferred  by  such  registered  owner  in 
person,  or  by  attorney  duly  authorized  on  presentation  of  such  bond  to  such  treasurer, 
or  such  other  officer,  and  the  bond  be  again  registered  as  before,  a  similar  statement 
being  stamped,  printed  or  written  upon  any  such  bond  may  be  in  substantially  the 
following  form: 

(Date,  giving  month,  year,  and  day.) 

This  bond  is  registered  pursuant  to  the  statute  in  such  cases  made  and  provided  in 

the  name  of  (Here  insert  name  of  owner)   and  the  interest  and  principal 

thereof  are  hereafter  payable  to  such  owner. 


Treasurer   (or  such  other  officer.) 
After  any  bond  shall  have  been  registered  as  aforesaid,  the  principal  and  interest  of 
such  bond  shall  be  payable  to  the  registered  owner.     Such  treasurer,  or  such  other 
officer,  shall  keep  in  his  office  a  book  or  books  which  shall  at  all  times  show  what  bonds 
are  registered  and  in  whose  names  respectively. 

A.ct  applicable  to  all  issues. 

^  2.  Whenever  under  any  statute  of  this  state  or  any  charter  of  any  municipal  cor- 
poration in  this  state,  any  bonds  arc  issued,  whether  the  proceedings  for  the  issuance  of 
such  bonds  have  been  had  in  whole  or  in  part  prior  to  the  enactment  of  this  statute,  or 
whether  the  same  have  been  had  in  whole  or  in  part  after  the  enactment  of  this  statute, 
such  bonds  may  be  issued  either  in  the  form  of  coupon  bonds,  or  in  the  form  of  regis- 
tered bonds,  or  some  in  the  form  of  coupon  bonds,  and  some  in  the  form  of  registered 
bonds,  as  has  been  or  hereafter  may  be  provided  in  the  proceedings  for  the  issuance  of 
such  bonds  and  notwithstanding  any  language  or  provision  to  the  contrary  contained  in 
any  such  statute  or  charter  authorizing  the  issuance  of  the  bonds,  or  in  any  other  law  of 
the  state.  The  provisions  of  section  one  of  this  act  shall  apply  to  coupon  bonds  so 
issued,  as  well  as  to  other  coupon  bonds,  or  other  bonds  payable  to  bearer. 

Fee  of  registering. 

^  3.  The  state  treasurer  or  other  treasurer  or  official  performing  the  duties  of 
treasurer  shall  be  entitled  for  so  registering  a  bond  or  bonds  to  charge  and  collect  a  fee 
of  fifty  cents  for  every  $1,000.00  of  the  par  value  thereof  for  the  purposes  of  providing 
the  additional  supplies  and  clerical  help  necessary  in  complying  -ftdth  this  act. 


267  BOXDS.  Act  515,  §§  1-4 

STATE  FISCAL  AGENCY. 

ACT  515 — An  act  to  provide  for  the  establishment  of  a  fiscal  agency  for  the  state  of 

California  in  the  city  of  New  York,  in  the  state  of  New  York,  and  prescribing  the 

duties  of  such  fiscal  agency  and  the  duties  of  the  public  officers  in  relation  thereto. 

History:     Approved  June    6,    1913.     In    effect   immediately.     Stats. 
1913,  p.  675. 

Designation  of  fiscal  agency  in  New  York  City. 

$  1.  The  governor  of  the  state  of  California  is,  upon  the  recommendation  of  the  state 
treasurer,  authorized  to  designate  some  well  known  and  responsible  banking  firm  or 
association  in  the  city  of  New  York,  or  some  well  known  and  responsible  incorporated 
banking  institution  in  the  city  of  New  York  in  the  state  of  New  York,  having  a  paid  up 
capital  and  surplus  of  not  less  than  one  million  dollars  ($1,000,000)  as  the  fiscal  agencj' 
for  the  payment  of  bonds  and  coupons  issued  by  the  state  of  California.  Such  banking 
firm  or  association,  or  incorporated  banking  institution  designated  by  the  governor  as 
the  fiscal  agency  under  the  terms  of  this  act,  shall  thereafter  continue  to  be  the  said 
fiscal  agency  until  the  like  designation  of  another  banking  firm,  association  or  incor- 
porated institution  as  such  fiscal  agency.  Any  banking  firm  or  association,  or  incor- 
porated banking  institution  so  designated  as  such  fiscal  agency,  may  be  required  by  the 
state  treasurer,  at  his  discretion,  and  subject  to  the  approval  of  the  governor,  to  execute 
a  bond  or  bonds,  to  the  state  of  California,  conditioned  for  the  faithful  perfoiTaance  of 
its  duties  as  such  fiscal  agency,  in  such  amount  or  amounts  as  may  from  time  to  time 
be  fixed  by  the  state  treasurer  with  the  approval  of  the  governor. 

Bonds  payable  at  agency. 

§  2.  Any  and  all  bonds  and  coupons  heretofore  issued  by  the  state  of  California,  or 
hereafter  to  be  issued,  which  by  their  terms  are  made  payable  at  the  office  of  the  state 
treasurer,  without  further  designation  of  a  place  of  payment,  shall  at  the  option  of  the 
holder  thereof  also  be  payable  at  the  fiscal  agency  to  be  designated  by  the  governor 
under  the  terms  of  this  act. 

Remittances  to  agency. 

$  3.  The  controller  of  the  state  of  California  shall  draw  his  warrant  on  the  treasury 
for,  and  the  state  treasurer  shall,  out  of  any  funds  in  the  treasury  available  and  appro- 
priated for  the  payment  of  the  principal  and  interest  of  the  said  debt,  transmit  or  remit 
to  the  said  fiscal  agency,  in  the  form  of  check  or  draft  payable  in  the  said  city  of  New 
York,  at  such  times  as  may  be  arranged  by  the  state  treasurer  with  such  fiscal  agency, 
subject  to  the  approval  of  the  governor,  as  hereinafter  provided,  sufficient  funds  out  of 
any  funds  in  the  hands  of  such  state  treasurer,  or  other  officer,  applicable  to  such  jjur- 
poses  for  the  redemption  of  such  bonds  and  coupons;  provided,  however,  that  the  time 
when  such  funds  shall  be  transmitted  or  remitted  to  such  fiscal  agency  shall  be  not  less 
than  thirty  days  before  the  maturity  of  any  such  bonds  or  coupons.  Express  charo-es 
and  postage  shall  be  a  proper  charge  against  the  state  and  shall  be  paid  said  fiscal 
agency  and  be  allowed  the  state  treasurer  or  other  officer  in  his  settlement. 

Receipt  for  funds  sent. 

§  4.  On  receipt  of  any  funds  by  the  said  fiscal  agency,  it  shall  be  the  dutv  of  such 
agency  to  notify  the  officer  from  whom  received  of  the  receipt  thereof  and  immediatelv 
on  the  payment  of  such  bonds  and  coupons  for  which  funds  were  transmitted  or  remitted 
said  bonds  and  coupons  shall  be  canceled  and  returned  to  the  state  treasurer  or  officer 
from  whom  such  funds  were  received.  The  fiscal  agency  is  hereby  authorized  to  redeem 
such  bonds  and  coupons  when  duly  presented  to  it  by  the  holder,  Avhether  the  certificate 
herein  provided  for  has  been  attached  to  said  bonds  or  not. 


Act  515,  §§  5-S 


GENERAL   LAWS. 


Certificate  attached  to  bonds. 

§  5.  The  state  treasurer  and  any  other  officers  of  the  state  authorized  to  sell  and 
deliver  anj'  bonds  of  the  state,  are  hereby  authorized  at  the  time  of  delivery  to  the  pur- 
chaser to  attach  to  any  bonds  of  the  state  which  have  been  or  shall  be  authorized  to  be 
issued  by  the  state,  whether  such  bonds  have  been  heretofore  signed,  countersigned  and 
sealed,  or  shall  hereafter  be  signed,  countersigned  and  sealed,  a  copy  of  this  act  and  a 

certificate  in  the  following  terms :    "Pursuant  to  the  above  act, 

in  the  city  of  New  York,  state  of  Noav  York,  has  been  designated  as  the  fiscal  agency  of 
the  state  of  California  in  said  city,  to  continue  as  such  until  the  designation  of  another 

fiscal  agency  in  said  city.     Attached  before  issuance  to  state  of  California 

bond,  dated ,19 ,  No 

Sacramento,  California, ,  19 


State  Treasurer." 
Notice  of  designation  of  agency  to  "be  published. 

§  6.  It  shall  be  the  duty  of  the  secretary  of  state  immediately  after  the  passage. of 
this  act  and  the  designation  of  the  fiscal  agency  provided  herein,  to  publish  a  notice  of 
the  same  in  some  paper  of  general  circulation  in  the  city. of  Sacramento,  in  the  state  of 
California,  and  in  the  said  city  of  New  York,  in  the  state  of  New  York,  once  a  week  for 
two  weeks  and  thereafter  all  bonds  and  coupons  of  the  state  which  are  by  their  terms 
payable  at  the  office  of  the  state  treasurer,  shall  also  be  payable  at  the  said  fiscal  agency 
at  the  option  of  the  holder. 

Treasurer  authorized  to  act. 

5  7.  The  state  treasurer,  subject  to  the  approval  of  the  governor,  is  hereby  authorized 
to  do  all  acts  and  things  necessary  or  proper  to  carry  the  provisions  of  this  act  into 
effect,  including  among  other  things  the  making  of  such  arrangements  with  the  fiscal 
agency  as  may  be  deemed  necessary  including  the  compensation,  if  any,  of  such  agency 
for  services  rendered  under  this  act,  and  the  time  when  funds  for  the  redemption  of 
bonds  and  coupons  shall  be  transmitted  or  remitted  to  such  fiscal  agency. 

Urgency  measure. 

§  8.  This  act  is  hereby  declared  to  be  an  urgency  measure  within  the  meaning  of  sec- 
tion 1,  article  IV,  of  the  constitution  and  is  deemed  necessary  for  the  immediate  preser- 
vation of  the  public  peace,  health  and  safety.  The  following  is  a  statement  of  the  facts 
constituting  such  necessity:  It  is  necessary  for  the  purpose  of  promptly  and  immedi- 
ately supplying  funds  for  the  construction  and  completion  of  highways  and  harbor 
improvements  which  have  been  authorized  by  the  legislature  and  ratified  by  a  vote  of 
the  people  and  have  been  begun,  that  this  act  be  passed  and  that  provision  for  the 
payment  of  bonds  and  coupons  of  the  state  be  made  in  conformity  with  the  requirements 
of  financial  usage  and  custom  by  providing  for  the  payment  thereof  at  a  place  and  in  a 
manner  which  will  place  the  said  bonds  and  coupons  on  an  equality  with  the  bonds  of 
other  states  and  of  public  bodies.  The  necessity  of  immediately  obtaining  and  fur- 
nishing funds  for  said  purpose  to  prevent  loss  to  the  state  and  to  secure  the  completion 
without  unnecessary  delay  of  the  said  improvements  for  the  preservation  of  the  public 
peace,  health  and  safety  require  that  this  act  shall  take  immediate  effect. 


2C9  BO.XDS.  Act  51G,  §§  1-3 

STATE  BUILDING  BONDS— SACRAMENTO. 

ACT  516 — An  act  to  provide  for  the  issuance  and  sale  of  state  bonds  to  "be  known  as 

"state  building  bonds,"  to  provide  for  the  erection  and  equipment  of  state  buildings 

in  the  city  of  Sacramento  for  state  purposes,  creating  a  commission  to  determine  the 

amount  to  be  expended  for  furnishing  and  equipping  said  buildings  and  accepting  a 

suitable  site,  creating  a  sinking  and  interest  fund  for  the  payment  of  interest  on  said 

bonds  and  the  redemption  of  the  same,  making  an  appropriation  therefor,  making  an 

appropriation  of  five  thousand  dollars  for  the  expenses  of  printing  and  lithographing 

said  bonds  and  providing  for  the  submission  of  this  act  to  a  vote  of  the  people. 

History:    Approved  June  5,  1913.     In  effect  August  10,  1913.     Stats. 
1913,  p.  389. 

Bonds  for  state  buildings.    Three  million  dollars.    Interest.    Run  fifty  years.     How 
signed. 

$  1.  For  the  purpose  of  creating  and  providing  a  fund  for  the  indebtedness  hereb;r 
authorized  to  be  incuiTed,  as  hereinafter  provided,  the  state  treasurer  shall  immediately 
after  the  issuance  of  the  proclamation  of  the  governor,  provided  for  in  section  tet. 
hereof,  prepare  six  thousand  suitable  bonds  of  the  state  of  California,  in  the  denomina- 
tion of  five  hundred  dollars  each.  The  whole  issue  of  said  bonds  shall  not  exceed  thn 
sum  of  three  million  dollars,  and  said  bonds  shall  bear  interest  at  the  rate  cf  four  per 
centum  per  annum  from  the  date  of  issuance  thereof,  and  both  principal  a&d  intereist 
shall  be  payable  in  gold  coin  of  the  present  standard  of  value,  and  they  shall  be  )?ayai*ie 
at  the  office  of  the  state  treasurer,  at  the  expiration  of  fifty  years  from  their  date.  S^'id 
bonds  shall  bear  date  the  second  day  of  July,  1915,  and  shall  be  payable  on  the  seeciid 
day  of  July,  1965.  The  interest  accruing  on  such  of  said  bonds  as  are  sold  shall  be  due 
and  payable  at  the  office  of  the  state  treasurer  on  the  second  day  of  January  and  on  tne 
second  day  of  July  of  each  year  after  the  sale  of  the  same.  At  the  expiration  of  fifty 
years  from  the  date  of  said  bonds  all  bonds  sold  shall  cease  to  bear  interest,  and  tne 
state  treasurer  shall  call  in,  forthwith  pay  and  cancel  the  same  out  of  the  moneys  in  the 
sinking  and  interest  fund  provided  for  in  this  act.  All  bonds  issued  shall  be  signed  by 
the  governor,  and  countersigned  by  the  controller,  and  shall  be  endorsed  by  the  state 
treasurer,  and  the  said  bonds  shall  be  so  signed,  countersigned,  and  endorsed  by  the 
officers  who  are  in  office  on  the  second  day  of  July,  1915,  and  each  of  said  bonds  shall 
have  the  seal  of  the  state  impressed  thereon.  The  said  bonds  signed,  countersigned, 
endorsed  and  sealed  as  herein  provided  when  sold  shall  be  and  constitute  a  valid  and 
binding  obligation  upon  the  state  of  California,  though  the  sale  thereof  be  made  at  a 
date  or  dates  after  the  person  signing,  countersigning  and  endorsing,  or  any  or  either 
of  them,  shall  have  ceased  to  be  the  incumbents  of  such  office  or  offices. 

Interest  coupons.    Accrued  interest  not  paid  to  purchaser. 

§  2.  Interest  coupons  shall  be  attached  to  each  of  said  bonds,  so  that  such  coupons 
may  be  removed  without  injury  to  or  mutilation  of  the  bond.  Said  bonds  shall  be  con- 
secutively numbered,  and  shall  bear  the  lithographed  signature  of  the  state  treasurer 
who  shall  be  in  office  on  the  second  day  of  July,  1915,  But  no  interest  on  any  of  said 
bonds  shall  be  paid  for  any  time  which  may  intervene  between  the  date  of  any  of  said 
bonds  and  the  issue  and  sale  thereof  to  a  purchaser,  unless  such  accrued  interest  shall 
have  been,  by  the  purchaser  of  said  bond,  paid  to  the  state  at  the  time  of  such  sale. 

Appropriation. 

§  3.  The  sum  of  five  thousand  dollars  is  hereby  appropriated  out  of  any  moneys  in 
the  state  treasury  not  otherwise  appropriated  to  pay  the  expenses  that  may  be  incurred 
by  the  state  treasurer  in  having  said  bonds  prepared. 


Act  516,  §§  4-6 


GENERAL   LAWS. 


270 


Sale  of  bonds.     Published  notice.    Further  notice.     "State  buildings  fund." 

^  4.  When  the  bonds  authorized  to  be  issued  under  this  act  shall  be  duly  executed, 
they  shall  be  sold  by  the  state  treasurer  at  public  auction  to  the  highest  bidder  for  cash 
in  such  parcels  and  numbers  as  shall  be  directed  by  the  governor  of  the  state;  but  the 
state  treasurer  must  reject  any  and  all  bids  for  said  bonds,  or  for  any  of  them,  which 
shall  be  below  the  par  value  of  said  bonds  so  offered  plus  the  interest  which  has  accrued 
thereon  between  the  date  of  sale  and  the  last  preceding  interest  maturity  date  and  he 
may,  by  public  announcement,  at  the  place  and  time  fixed  for  the  sale,  continue  such 
sale,  as  to  the  whole  of  the  bonds  offered,  or  any  part  thereof  offered,  to  such  time  and 
place  as  he  may  select.  When  a  sale  is  continued,  as  hereinabove  provided,  no  notice 
need  be  given  other  than  the  public  announcement  of  the  continuance,  as  hereinabove 
provided.  Before  offering  any  of  said  bonds  for  sale,  the  said  treasurer  shall  detach 
therefrom  all  coupons  which  have  matured  before  the  date  fixed  for  such  sale.  Due 
notice  of  the  time  and  place  of  sale  of  all  bonds  must  be  given  by  said  treasurer  by  pub- 
lication in  one  newspaper  published  in  the  city  and  county  of  San  Francisco,  and  also  by 
publication  in  one  newspaper  published  in  the  city  of  Oakland,  and  by  publication  in 
one  newspaper  published  in  the  city  of  Los  Angeles,  and  by  publication  in  one  news- 
paper published  in  the  city  of  Sacramento,  once  a  week  during  four  weeks  prior  to 
such  sale.  In  addition  to  the  notice  last  above  provided  for  the  state  treasurer  must 
give  such  further  notice  as  he  may  deem  advisable,  but  the  expenses  and  costs  of  such 
additional  notice  shall  not  exceed  five  hundred  dollars  for  each  sale  so  advertised.  The 
costs  of  such  publications  shall  be  paid  out  of  any  moneys  in  the  state  treasury  not 
otherwise  appropriated  on  controller's  warrants  duly  drawn  for  such  purpose.  The 
proceeds  of  the  sale  of  such  bonds,  except  such  amount  as  may  have  been  paid  as 
accrued  interest  thereon,  shall  be  forthwith  paid  over  by  said  treasurer  into  state 
treasury,  and  must  be  by  him  kept  in  a  separate  fund,  to  be  known  and  designated  as 
the  "state  buildings  fund"  which  fund  is  hereby  established.  Any  and  all  sums  which 
may  have  been  paid  as  accrued  interest  shall  be  forthwith  paid  over  by  said  treasurer 
into  the  state  treasury,  and  must  be  by  him  kept  in  a  separate  fund  to  be  known  and 
designated  as  the  "state  buildings  sinking  and  interest  fund,"  which  fund  is  hereby 
established. 
To  construct  state  buildings  in  Sacramento.    Board.    Site  to  be  donated. 

§  5.     Any  and  all  moneys  derived  from  the  sale  of  the  bonds  provided  for  in  this  act 
are  hereby  appropriated  and  shall  be  used  exclusively  for  the  following  purposes  to  wit : 

The  constructing  and  equipping  of  state  buildings  in  the  city  of  Sacramento,  state  of 
California,  for  the  various  oflficers,  boards  and  commissions  of  the  state,  at  a  cost  not  to 
exceed  the  total  sum  of  three  million  dollars,  such  portion  of  said  sum  of  three  million 
dollars  to  be  used  for  the  furnishing  and  equipping  of  said  state  buildings  as  may  be 
determined  by  a  board  consisting  of  the  governor,  the  presiding  justice  of  the  supremo 
court,  and  the  state  librarian,  which  board  for  such  purpose  is  hereby  created;  pro- 
vided, however,  that  no  moneys  provided  for  by  this  act  shall  be  used  for  such  purpose 
until  a  site  suitable  for  such  purpose,  and  acceptable  to  the  state  board  last  above' 
created,  shall  be  donated  or  given  to  the  state,  the  title  thereto  to  be  free  and  clear  of 
all  liens  and  encumbrances;  the  number  of  buildings  and  their  location  on  the  lands  to 
be  donated  shall  be  determined  by  said  board  in  this  subdivision  of  this  section  men- 
tioned; the  plans  and  specifications  for  said  buildings,  and  each  of  the  same,  shall  bj 
prepared  urder  the  direction  and  control  of  said  board  in  this  subdivision  of  this  section 
provided  for. 
Annual  interest  appropriation.    Annual  principal  appropriation.    State  revenue  to  bo 

collected. 

^  6.     There  is  hereby  appropriated  out  of  any  monej'S  in  the  state  treasury  not  other- 
wise appropriated,  the  sum  of  fifty  thousand   ($50,000)   dollars  annually,  to  pay  the 


271  BOXDS.  Act516,  S§7.  a 

principal  of  the  bonds  issued  and  sold  pursuant  to  the  provisions  of  this  act.  Said 
annual  appropriation  to  continue  until  the  same,  together  with  the  accrued  interest  on 
the  investment  thereof,  shall  be  sufficient  to  pay  the  principal  of  said  bonds  at  the 
maturity  thereof. 

There  is  also  hereby  appropriated  from  any  moneys  in  the  state  treasury  not  other- 
wise appropriated  such  sum  annually  as  will  be  necessary  to  pay  the  interest  on  the 
bonds  issued  and  sold  pursuant  to  the  provisions  of  this  act. 

There  shall  be  collected  annually  in  the  same  manner  and  at  the  same  time  as  other 
state  revenue  is  collected  such  a  sum,  in  addition  to  the  other  revenues  of  the  state,  as 
shall  be  required  to  pay  the  principal  and  interest  on  said  bonds  as  herein  provided  and 
it  is  hereby  made  the  duty  of  all  officers  charged  by  law  with  any  duty  in  regard  to  the 
collection  of  said  revenue  to  do  and  perform  each  and  every  act  which  shall  be  necessary 
to  collect  such  additional  sum. 

Semi-annual  transfer  of  funds.    Investment  of  funds.    Pasonent  of  principal  and  inter- 
est.    Annual  report  of  controller  and  treasurer. 

On  the  2d  day  of  January  and  on  the  2d  day  of  July  of  each  year,  after  the  sale  of  any 
bonds  as  herein  provided  for,  the  state  treasurer  and  state  controller  shall  transfer  from 
the  moneys  hereby  ajipropriated  to  the  state  buildings  sinking  and  interest  fund,  a 
sufficient  sum  of  money  to  pay  all  interest  due  and  payable  on  any  bonds  sold  and  said 
transfer  shall  continue  to  be  so  made  up  to  the  date  of  maturity  of  such  bonds  and  it 
shall  be  the  duty  of  the  state  treasurer  to  pay  the  same  when  the  same  falls  due.  On 
the  first  Monday  in  July  of  each  year,  after  the  sale  of  any  of  the  bonds  as  in  this  act 
provided  the  state  controller  and  state  treasurer  are  hereby  authorized  and  directed  to 
transfer  the  moneys  hereby  appropriated  for  the  payment  of  the  principal  of  said 
bonds  to  the  said  state  buildings  sinking  and  interest  fund.  The  moneys  so  trans- 
feiTed  to  the  said  state  buildings  sinking  and  interest  fund  for  the  payment  of  the 
principal  of  said  bonds,  shall  be  invested  from  time  to  time  by  the  state  treasurer  in 
United  States  or  state  bonds.  All  interest  payable  on  such  bonds  so  invested  shall  be 
paid  into  the  said  state  buildings  sinking  and  interest  fund  and  be  applied  and  held  for 
the  payment  of  the  principal  of  said  bonds  or  reinvested  in  other  bonds  for  the  payment 
of  such  principal,  as  herein  provided. 

The  principal  of  all  of  said  bonds  sold  shall  be  paid  at  the  time  the  same  becomes  due, 
from  the  "state  buildings  sinking  and  interest  fund"  and  the  interest  on  all  bonds  sold 
shall  be  paid  at  the  time  said  interest  becomes  due  from  said  fund  and  the  faith  of  the 
state  of  California  is  hereby  pledged  for  the  payment  of  the  principal  of  said  bonds  so 
sold  and  the  interest  accruing  thereon. 

The  state  controller  and  the  state  treasurer  shall  keep  full  and  particular  account  and 
record  of  all  their  proceedings  under  this  act,  and  they  shall  transmit  to  the  governor 
an  abstract  of  all  such  proceedings  thereunder,  with  an  annual  report,  to  be  by  the 
governor  laid  before  the  legislature  biennially;  and  all  books  and  papers  pertaining  to 
the  matter  provided  for  in  this  act  shall  at  all  times  be  open  to  the  inspection  of  any 
party  interested,  or  the  governor,  or  the  attorney  general,  or  a  committee  of  either 
branch  of  the  legislature,  or  a  joint  committee  of  both,  or  any  citizen  of  the  state. 

Redeemed  bonds  destroyed. 

$  7.  When  the  bonds  provided  for  by  this  act  are  redeemed,  the  state  treasurer  shall 
mark  the  same  canceled,  and  shall,  in  the  presence  of  the  governor  destroy  the  same 
by  burning  the  said  bonds. 

In  effect  December  31,  1914. 

§  8.  This  act,  if  adopted  by  the  people,  shall  take  effect  on  the  thirty-first  day  of 
December,  1914,  as  to  all  its  provisions  excepting  those  relating  to  and  necessary  for  its 
submission  to  the  people,  and  for  returning,  canvassing  and  proclaiming  the  votes,  and 


ActSlS,  §§1,  a  GENERAL   LAWS.  273 

as  to  said  excepted  provisions  this  act  shall  go  into  eJlect  ninety  days  after  the  final 
adjournment  of  the  session  of  the  legislature  passing  the  same. 

Submitted  to  people.    Ballots. 

§  9.  This  act  shall  be  submitted  to  the  people  of  the  state  of  California  for  their 
isttification  at  the  next  general  election  to  be  holden  in  the  month  of  November,  nineteen 
ntindred  and  fourteen,  and  all  ballots  at  said  election  shall  have  printed  thereon  the 
words  "For  the  state's  buildings  bonds"  and  such  other  designation  as  may  be  neces- 
sary to  properly  identify  this  act.  In  a  square  immediately  below  the  square  contain- 
ing said  words  there  shall  be  printed  on  said  ballot  the  words  "Against  the  state  build- 
ings bonds."  Opposite  the  words  "For  the  state  buildings  bonds"  and  "Against  the 
state  buildings  bonds,"  there  shall  be  left  spaces  in  which  the  voters  may  make  or 
stamp  a  cross  to  indicate  whether  they  vote  for  or  against  this  act,  and  those  voting 
for  said  act  shall  do  so  by  placing  a  cross  opposite  the  words  "For  the  state  buildings 
bonds"  and  those  voting  against  said  act  shall  do  so  by  placing  a  cross  opposite  the 
words  "Against  the  state  buildings  bonds."  The  governor  of  this  state  shall  include 
the  submission  of  this  act  to  the  people  as  aforesaid,  in  his  proclamation  calling  for 
said  general  election. 

Canvass  of  votes. 

§  10.  The  votes  cast  for  or  against  this  act  shall  be  counted,  returned  and  canvassed 
and  declared  in  the  same  manner  and  subject  to  the  same  rule  as  votes  cast  for  state 
officers;  and  if  it  appear  that  said  act  shall  have  received  a  majority  of  all  the  votes 
cast  for  and  against  it  at  said  election  as  aforesaid,  then  the  same  shall  have  effect  as 
hereinbefore  provided,  and  shall  be  irrepealable  until  the  principal  and  interest  of  the 
liabilities  herein  created  shall  be  paid  and  discharged,  and  the  governor  shall  make 
proclamation  thereof;  but  if  the  majority  of  the  votes  cast  aforesaid  are  against  this 
act  then  the  same  shall  be  and  become  void. 

state  buildings. — See  tit.  "Public  Build-  State  biiildinss  at  state  capital. — An  ap- 
ings." propriation   of   $300,000   for  the   erection  and 

Gift  to  state,  by   cities,  of   site  for  public  equipment  of  state  buildings  at  Sacramento, 

building,  authorized. — See,  post,  Act  3664.  in  addition  to  the  amount  provided  for  this 

Memorial  room  in  oapitol  extension. — See,  the     above    act    was     made     by     the     act     of 

post.   Act   5465a.  May  27,   1919,  Stats.   1919.  p.   1288. 

Other      state      buildingr      bonds. — See      tit. 
"Public   Buildings." 

FARM  LOAN  BONDS. 

ACT  518 — An  act  making  farm  loan  bonds  a  lawful  investment  for  insurance  com- 
panies and  a  lawful  deposit  for  foreign  insurance  companies  and  a  lawful  investment 
for  all  public  and  trust  funds,  and  a  lawful  security  for  the  performance  of  certain 
acts. 

History:    Approved  May  2,  1919.    In  effect  July  22,  1919.    Stats.  1919, 
p.  270. 

Insurance  companies  may  buy  farm  loan  bonds. 

$  1.  Insurance  companies  organized  under  the  laws  of  California  may,  in  addition 
to  the  kinds  and  classes  of  securities  defined  in  section  four  hundred  twenty-one  of  the 
Civil  Code,  invest  their  capital  and  accumulations  in  farm  loan  bonds  issued  under  the 
provisions  of  the  federal  farm  loan  act  approved  July  17,  1916,  and  that  foreign  insur- 
ance companies  required  by  section  five  hundred  ninety-four  a  of  the  Political  Code  to 
deposit  securities,  be  and  they  are  hereby  permitted  to  deposit  such  farm  loan  bonds  in 
lieu  of  any  other  securities  now  permitted  to  be  deposited  by  said  last-mentioned  section. 

Farm  loan  bonds  may  be  purchased  with  public  funds. 

§  2.  Farm  loan  bonds  issued  under  the  federal  farm  loan  act  approved  July  17,  1916, 
are  hereby  made  a  lawful  investment  in  the  state  of  California  for  all  state,  county, 


273  BONDS.  Act  519,  §§  1-3 

city  and  county,  citj',  school,  municipal  and  all  other  public  funds,  and  a  lawful  invest- 
ment in  said  state  for  the  funds  of  executors,  administrators,  guardians,  receivers,  and 
trustees  of  every  kind  and  nature,  and  that  whenever  any  bonds  may  by  any  law  now 
or  hereafter  enacted  be  used  as  security  for  the  performance  of  any  act  or  acts,  such 
farm  loan  bonds  may  be  so  used. 

COMMISSIONS  ON  SALE  OF  STATE  BONDS. 

ACT  519 — An  act  authorizing  the  state  treasurer,  upon  approval  of  the  governor  and 

the  board  of  control,  to  enter  into  agreements  to  pay  commissions  on  the  sale  of 

certain  bonds  of  the  state  of  California,  and  providing  for  the  funds  from  which 

such  commissions  shall  be  paid. 

History:    Approved  May  13,  1919.     In  effect  July  22,  1919.     Stats. 
1919,  p.  470. 

Agreements  to  pay  commissions  on  sale  of  harbor  bonds  authorized. 

§  1.  The  state  treasurer,  upon  the  approval  of  the  governor  and  the  board  of  con- 
trol, is  hereby  authorized  to  enter  into  agreements  to  pay  commissions  for  services 
rendered  in  the  procuring  of  bids  for  all  or  any  portion  or  portions  of  the  state  bonds 
issued  under  the  provisions  of  an  act  entitled  "An  act  for  the  issuance  and  sale  of 
state  bonds  to  create  a  fund  for  the  improvement  of  San  Francisco  harbor  by  the 
construction  by  the  board  of  state  harbor  commissioners  of  wharves,  piers,  state  rail- 
road, spurs,  betterments  and  appurtenances,  and  necessary  dredging  and  filling  in 
connection  therewith  in  the  city  and  county  of  San  Francisco;  to  create  a  sinking  fund 
for  the  payment  of  said  bonds ;  to  define  the  duties  of  state  oflScers  in  relation  thereto ; 
to  make  an  appropriation  of  five  thousand  dollars  for  the  expense  of  printing  said 
bonds ;  and  to  provide  for  the  submission  of  this  act  to  a  vote  of  the  people, ' '  approved 
June  16,  1913. 

Limitations. 

No  agreement  shall  be  entered  into  by  the  state  treasurer  to  pay  a  greater  commission 
than  ten  per  cent  of  the  par  value  of  the  bonds  sold,  and  no  commission  shall  be  paid 
for  services  rendered  except  to  one  who  has  procured  and  effected  the  sale  and  not  until 
the  money  from  the  sale  of  such  bonds  has  been  paid  into  the  state  treasury,  and  no 
commission  shall  be  paid  on  any  sale  of  such  bonds  to  any  board,  department  or  agency 
of  the  state  authorized  by  law  to  purchase  the  same. 

Application  to  resales. 

Should  any  purchase  of  said  bonds  or  any  thereof,  hereafter  be  made  by  any  board, 
department  or  agency  of  the  state  authorized  by  law  to  make  such  purchase,  on  any 
resale  of  such  bond  so  purchased  or  any  thereof  thereafter  made  by  such  board,  depart- 
ment or  agency,  the  foregoing  provisions  of  the  act  as  to  entering  into  agreements  to 
pay,  and  the  payment  of,  commissions  shall  apply  to  such  resales  as  well  as  to  original 
sales  of  said  bonds  or  any  thereof. 

Payment  from  harbor  fund. 

^  2.  All  commissions  herein  provided  to  be  paid  shall  be  paid  out  of  and  from  the 
San  Francisco  harbor  improvement  fund,  and  the  state  controller  is  hereby  directed 
to  draw  his  warrants  on  said  fund  in  favor  of  the  person  entitled  to  such  commissions 
and  when  entitled  thereto,  and  sufficient  money  for  such  purpose  is  hereby  appropriated 
from  said  San  Francisco  harbor  improvement  fund  as  and  when  said  commissions 
become  due. 

Collection  of  money. 

^  3.  The  board  of  state  harbor  commissioners  is  hereby  authorized  and  directed  by 
the  collection  of  dockage,  tolls,  rents,  cranage  and  other  port  charges  to  collect  a  sum 

Gen.  Laws — 18 


Act  531,  8S  1-3 


GENEIRAL   LA^VS. 


2T4 


of  money  sufficient  for  the  purposes  of  this  act,  over  and  above  the  amount  limited  by 
section  two  thousand  live  hundi-ed  twenty-six  of  the  Political  Code  of  the  state  of 
California. 

Sale  without  commission. 

^  4.  Nothing  herein  contained  shall  be  constnifd  to  prevent  an  original  sale,  or  a 
resale  by  any  board,  department  or  agency  of  the  state,  of  said  bonds  or  any  thereof 
without  the  payment  of  such  commission. 

BOOMS. 

See  Kerr's  Cyc.  Political  Code,  H041,  subdv.  35. 


ACT  531. 


CHAPTER  32. 
BOUNDARIES  OF  STATE. 

CONTENTS  OF  CHAPTER. 
Eastern  Boundary  Defined  and  Established. 


EASTERN  BOUNDARY. 
ACT  531 — An  act  to  define  and  establish  a  portion  of  the  eastern  boundary  of  the  state 
of  California. 


History:     Became    a    law   under    constitutional    provision, 
governor's  approval  March  1,  1901,  Stats.  1901,  p.  89. 


without 


Eastern  boundary  line. 

§  1.  That  portion  of  the  eastern  boundary  line  of  the  state  of  California  southeast- 
ward from  Lake  Tahoe,  and  extending  to  the  Colorado  river;  that  is  to  say:  southeast- 
ward from  the  intersection  of  the  thirty-ninth  degree  of  north  latitude,  with  the  one 
hundred  and  twentieth  degree  of  longitude  west  from  Greenwich,  to  the  Colorado  river, 
as  lately  surveyed,  established  and  marked  by  the  United  States  coast  geodetic  survey, 
completed  during  the  year  nineteen  hundred,  is  hereby  declared  to  be  the  true,  correct 
and  legal  boundary  line  of  the  state  of  California  between  Lake  Tahoe  and  the  Colorado 
river,  and  the  said  line  as  surveyed,  established  and  marked  aforesaid,  shall  now  and 
hereafter  be  recognized  and  considered  by  the  courts  of  this  state  as  the  boundary  of 
this  state  between  the  two  said  points,  viz.:  Lake  Tahoe  and  the  Colorado  river. 

Inconsistent  acts  repealed. 

5  2.     All  acts  and  parts  of  acts  inconsistent  with  this  act  are  hereby  repealed- 

In  effect. 

^  3.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

year,    after 


An  earlier  act  (Stats.  1889,  p.  38)  author- 
ized the  surveyor  general  to  survey  the 
same    boundary,    but    the    operation    of    the 


act    was    limited    to    one    year,    after    which 
time  it  became  obsolete. 

Boundnry       of       atate. — See       constitution, 
article  XXI,  |  1. 


BRANCIFORT. 

See  tit.  "Titles." 

BRAWLEY. 

See  Act  3094,  note. 

BRAZOS  DEL  RIO. 
See  tit.  "Rio  Vista." 

BREA. 

See  Act  3094,  note. 


27S  BRIDGE:S.  Acts  551. 552.  §§  1,2 

CHAPTER  33. 
BRIDGES. 

CONTENTS  OF  CHAPTER. 

ACT  551.  Deathtbridges  Across  Navigable  Streams,  by  Cities. 

552.  Bridges  Across  Navigable  Streams. 

553.  Franchises  for  Bridges  Across  Navigable  Streams. 

554.  Bridges    Across    Navigable    Waters    Between    Adjoining    Counties. 

555.  Bridge  Across  Colorado  Er'er  at  Needles. 

556.  Counties  and  Cities  Joining  in  Bridge  Construction,  Etc. 

DRAWBRIDGES. 
ACT  551 — An  act  authorizing  cities  to  maintain  drawbridges  across  navigable  streams 
flowing  through  or  penetrating  the  boundaries  of  such  cities. 

History:    Approved  March  13,  1883,  Stats.  1883,  p.  295. 

$  1.  It  shall  be  lawful  for  municipal  corporations,  and  they  are  hereby  authorized  by 
their  respective  legislative  body  or  bodies,  to  erect  and  maintain  drawbridges  across 
navigable  streams  that  flow  through  or  penetrate  the  boundaries  of  such  cities  when 
the  public  necessities  require  it.  Such  bridges  shall  in  all  respects  be  constructed  in 
accordance  with  the  provisions  of  section  two  thousand  eight  hundred  and  seventy-five 
of  the  Political  Code. 

Duty  to   bridge   ditches   across   highway. —  Erection    and    maintenance   of   bridges.    In 

See  Kerr's  Cyc.  Political  Code,  §  2737.  g-eneral. — See     Kerr's     Cyc.     Political     Code, 

§§  2711,  et  seq. 

BRIDGES  ACROSS  NAVIGABLE  STREAMS. 
ACT  552 — An  act  concerning  bridges  across  navigable  streams. 

History:    Approved  February  25,  1897,  Stats.  1897,  p.  21. 

Relating  to  bridges  across  navigable  streams. 

§  1.  The  board  of  supervisors  of  anj^  county  in  this  state  now  controlling  or  main- 
taining, by  virtue  of  any  statute,  any  bridge  across  any  navigable  stream  wholly  or  in 
part  within  the  boundary  lines  of  any  municipal  corporation,  is  hereby  authorized  and 
empowered,  whenever  it  may  become  necessary,  in  the  interest  of  commerce  or  by  reason 
of  any  such  bridge  being  out  of  repair,  to  reconstruct  and  rebuild  any  part  of  such 
bridge,  or  replace  such  bridge  hj  a  new  structure,  or  with  the  consent  of  the  governing 
bodies  of  such  municipalities  change  the  location  of  such  bridge  to  such  place  on  such 
stream  as  may  be  better  suited  to  its  use,  or  to  the  use  of  such  navigable  stream;  and 
the  board  of  supervisors  of  any  county  is  herebj'^  authorized  to  abandon  any  such  exist- 
ing bridge  and  rebuild  a  new  bridge  at  such  changed  location,  and  the  board  of  super- 
visors of  any  such  county  so  rebuilding  and  reconstructing  said  bridge  may  enter  into 
an  agreement  with  any  person  or  corijoration,  now  maintaining  any  bridge  across  any 
such  navigable  stream,  for  the  building  of  a  joint  bridge  for  the  purpose  of  preventing 
the  impeding  of  commerce  on  such  navigable  streams,  and  of  apportioning  the  expense 
between  said  county  and  said  person  or  any  corporation,  in  such  manner  as  may  be 
agreed  upon  between  said  county  and  said  person,  or  corporation. 

Division  of  expense  of  repair,  etc. 

^  2.  The  expense  of  said  reconstruction,  or  the  building  of  a  new  bridge,  to  be  pay- 
able out  of  the  same  fund  as  is  now  provided  by  law  for  the  maintenance  and  repair  of 
any  such  bridge;  provided,  that  in  case  said  county  should  make  such  agreement  with 
said  person  or  corporation  for  the  building  of  any  joint  bridge,  that  only  the  county's 
portion  of  said  joint  bridge,  as  may  be  settled  by  said  agreement,  shall  be  paid  from  the 


Act  553,  §§  1-6  GENERAL   LAWS.  27« 

said  funds;  and,  provided,  that  in  no  event  shall  the  county  pay  more  than  one-half  the 
cost  of  construction,  repair  or  reconstruction  of  any  such  joint  bridge. 

Repeal  of  conflicting  acts. 

$  3.     All  acts  or  parts  of  acts  in  conflict  herewith  are  hereby  repealed. 

$  4,     This  act  shall  take  effect  from  and  after  its  passage. 

Erection  and  niniutennucc  of  bridges.  In  general. — See  Kerr's  Cyc.  Political  Code,  {{  2711, 
et  seq. 

BRIDGE  FRANCHISES  ACROSS  NAVIGABLE  STREAMS. 
ACT  553 —  An  act  to  provide  for  bridges  across  navigable  streams,  and  across  estuaries, 
ponds,  swamps,  or  arms  of  bays  that  may  be  outside  of  the  line  of  navigable  waters. 
History:    Approved  March  14,  1881,  Stats.  1881,  p.  76. 

Power  of  supervisors  to  erect  bridges. 

$  1.  The  power  to  erect  bridges  on  public  highways  across  navigable  streams  in  this 
state,  or  to  grant  franchises  to  individuals,  or  corporations  for  the  same,  is  hereby 
granted  to  the  boards  of  supervisors  of  the  several  counties  of  the  state,  under  the 
restrictions  of  this  act. 

Regulation  of  tolls,  by  whom  exercised. 

$  2.  The  power  to  grant  franchises  to  individuals  or  corporations  to  construct 
bridges,  and  the  regulation  of  tolls  thereon,  shall  be  exercised  by  the  county  on  the  left 
bank  of  all  streams. 

Supervisors  may  join  between  counties. 

^  3.  Where  a  navigable  stream  is  the  boundary  line  between  the  counties,  the  boards 
of  supervisors  of  such  counties  may  join  in  the  construction  of  a  bridge,  upon  such  terms 
as  may  be  agreed  upon;  provided,  however,  that  in  case  of  a  failure  to  agree,  either 
county  may  build  the  bridge  and  maintain  control  thereof. 

Notify  state  engineer. 

5  4.  Whenever  the  supervisors  of  any  county  or  counties  desire  to  erect  a  bridge  on 
any  public  highway,  or  to  grant  the  privilege  so  to  do  to  any  individual  or  corporation, 
across  a  navigable  stream,  under  the  provisions  of  this  act,  said  board,  or  boards  shall 
notify  the  state  engineer  of  such  purpose,  and  of  the  precise  point  where  such  bridge  is 
proposed  to  be  located.  The  state  engineer  shall,  within  ten  days  of  the  receipt  of  such 
notice,  designate  the  width  of  the  draw  to  be  made  in  such  bridge,  and  also  the  length 
of  the  spans  necessary  to  permit  the  free  flow  of  water. 

Hearing  before  state  engineer. 

§  5.  The  communication  from  the  state  engineer,  fixing  the  draw  and  spans,  shall  be 
spread  upon  the  minutes  of  the  board,  and  any  bridge  constructed  at  that  point  shall  be 
in  conformity  therewith;  provided,  however,  that  the  state  engineer  may,  upon  hearing 
before  him,  had  upon  the  application  of  any  person  or  body  interested,  made  within  ten 
days  after  the  receipt  by  said  board  of  supervisors  of  said  communication  of  said 
engineer,  change  his  first  plans,  in  which  case  the  modified  plans  must  be  so  spread 
upon  the  minutes,  and  shall  stand  in  the  place  of  the  original;  provided,  however,  that 
before  such  hearing  is  had,  the  said  engineer  must  give  ten  days'  notice  by  publication 
in  some  newspaper  published  in  the  county  or  counties  from  which  the  application  came, 
of  the  time  and  place  of  the  hearing. 

Surveyor  general,  when  may  act. 

$  6.  In  case  of  the  absence  or  inability  of  the  state  engineer  to  act,  the  duties  devolv- 
ing upon  him  under  this  act  shall  be  performed  by  the  state  surveyor  generaL 


2TT  BRIDGES.  Act  554,  §  1 

Rates  of  toll,  l>y  whom  fixed. 

5  7.  When  a  bridge  shall  be  built  on  a  navigable  stream  by  one  county,  or  two  coun- 
ties, it  may  be  absolutely  free,  or  tolls  sufficient  to  pay  in  whole  or  in  part,  for  the  con- 
struction, and  to  keep  up  the  repairs  and  expenses  thereof,  may  be  charged;  the  rate  to 
be  fixed  by  the  board  of  supervisors  of  the  county  in  which  the  same  is  located,  or,  if 
located  in  two  counties,  then  bj'  the  board  of  supervisors  of  the  two  counties,  or  if  there 
be  any  disagreement  between  said  boards,  as  to  imposing  or  removing  tolls,  or  the  rate, 
the  matter  in  dispute  shall  be  referred  to  the  board  of  supervisors  of  some  neighboring 
county  for  determination,  and  its  decision,  communicated  in  writing  to  the  clerks  of  the 
said  boards  respectively,  shall  be  final;  and  if  tolls  are  fixed  or  removed  thereby,  the 
same  shall  take  effect  on  the  tenth  day  from  the  date  of  such  written  determination. 

Supervisors  to  declare  necessity  for  building  bridges. 

§  8.  The  board  of  supervisors,  or  other  governing  body  of  any  city  and  county,  or 
county,  in  this  state,  shall  have  power  to  declare  that  it  is  necessary  for  the  public  con- 
venience to  have  a  bridge  or  bridges  built  across  any  estuary,  swamp,  pond,  or  arm  of 
a  bay  that  may  lie  or  extend  into  the  county,  or  city  and  countj^,  and  prescribe  the 
points  between  which  said  bridge  or  bridges  shall  be  built,  and  when  they  shall  have 
specified  the  points  between  which  it  is,  in  their  judgment,  necessary  to  build  the  said 
bridge  or  bridges,  they  may  let  contracts  to  build  the  bridges,  as  aforesaid,  and  pay  for 
the  same  out  of  the  general  fund  of  the  city  and  county,  or  county. 

§  9.     This  act  shall  take  effect  immediately. 

1.  Repeal  o£  code  provision. — Section  2782,  3.     Transfer      of      bridge      property. — The 

Political  Code,  so  far  as  it  deprives  boards  transfer  of  a  property  interest  in  a  bridge 
of  supervisors  of  power  to  license  toll  across  a  navigable  river  by  an  electric  rail- 
bridges  over  navigable  rivers,  was  repealed  road  company  to  another  electric  railroad 
by  implication  by  the  act  of  1881. — Chico  company  will  not  be  authorized  where  tlie 
Bridge  Co.  v.  Sacramento  Tr.  Co.,  123  Cal.  transferee  has  not  acquired  the  right  to 
ITS,  55  Pac.  780.  the    use    of    the    bridge    in    the    manner   pre- 

2.  Superseded. — This  act  was  probably  scribed  by  this  act. — In  re  Northern  Electric 
superseded,    or,  at   least,    limited,   by   section  Ry.  Co.,   et  al.,   4  R.  C.  D.   735. 

25    of    the    county    government    acts    as    to  Krection    and    maintenance   of    bridges,    in 

intracounty  bridges. — See  Croley  v.   Califor-  general. — Kerr's  Cyc.  Political  Code,   §§  2711, 

nia,  etc.,   Co.,    134  Cal.    557.  et  seq. 
See,  also,  Kerr's  Cyc.  Political  Code,    4041. 

BRIDGES  BETWEEN  COUNTIES. 
ACT  554 — An  act  to  enable  adjoining  counties  to  enter  into  agreements  for  the  con- 
struction,   rebuilding,    replacing,    or   relocation   of   bridges   over   navigable   waters 
between  said  counties,  jointly  with  other  persons  or  corporations. 

History:    Approved  March  23,  1907,  Stats.  1907,  p.  982. 
Bridges  between  two  counties;  provisions  for  joint  construction  and  repair. 

^  1.  In  case  it  shall  appear  to  the  boards  of  supervisors  of  two  adjoining  counties 
that  any  bridge  shall  be  necessary  for  highway  purposes,  over  any  navigable  river, 
stream,  or  inlet  of  the  sea,  between  said  counties,  or  if  any  bridge  existing  thereover 
and  used  wholly  or  in  part  for  highway  purposes,  (whether  the  same  is  owned  by  said 
counties  or  either  of  them,  or  used  by  them  or  either  of  them  by  agreement  with  the 
owner  thereof),  shall,  in  the  interests  of  commerce,  or  by  reason  of  such  bridge  being 
out  of  repair  or  deteriorated  beyond  reasonable  repair,  require  reconstruction,  or 
rebuilding,  or  replacing  by  a  new  structure,  or  its  location  to  be  changed  to  such  place 
OD  such  navigable  river,  stream,  or  inlet  of  the  sea,  as  may  be  better  suited  to  its  use, 
or  to  the  use  of  such  navigable  water,  or  may  tend  to  prevent  obstruction  to  commerce 
thereon,  the  boards  of  supervisors  of  such  counties  may,  in  their  discretion,  enter  into 
an  agi'eenient  with  any  person  or  corporation  for  the  building  of  a  joint  bridge,  or  the 
reconstruction,  or  rebuilding,  or  reijlacing  bj'  a  new  structure  of  such  existing  bridge,  or 


Acts  555,  55«,  §  1  GE}NE:RAL   LAWS.  278 

the  rebnilfling  thereof  at  another  location,  and  the  joint  use  of  the  same  thereafter  by 
Buch  person  or  corporation,  and  said  counties  or  the  public,  and  for  apportioning  the 
ex))ense  of  such  joint  reconstructed  or  relocated  bridge  between  said  counties  and  each 
of  them  and  such  person  or  corporation  jointly  using  or  to  use  the  same,  and  to  provide 
for  the  construction  and  use  thereof  in  such  manner  and  upon  such  terms  and  condi- 
tions as  may  be  agreed  upon  between  such  counties  and  such  person  or  corporation. 
In  such  case  none  of  the  provisions  of  subdivision  4  of  section  25  of  an  act  entitled 
"An  act  to  establish  a  uniform  system  of  county  and  township  government,"  approved 
April  1,  1897,  shall  be  applicable  thereto;  provided,  that  in  no  event  shall  either  county 
agree  to  contribute  more  than  one-third  of  the  cost  of  construction,  reconstruction, 
relocation,  or  repair  of  any  such  joint  bridge. 

$  2.     This  act  shall  take  effect  immediately. 

E^rection   and  maintenance  of   bridses,   in  general. — Kerr's   Cyc.   Political  Code,    S9  2711, 

et   seq. 

BRIDGE  AT  NEEDLES. 

ACT  555 — An  act  providing  for  the  building  of  a  bridge  across  the  Colorado  river  at 

Needles,  California,  and  making  an  appropriation  therefor. 

History:    Approved  April  29,  1915.    In  effect  August  8,  1915.    Stats. 
1915,  p.  300. 

Appropriation:  bridge  across  Colorado  river. 

$  1.  There  is  hereby  appropriated  out  of  any  money  in  the  state  treasury  not  other- 
wise appropriated,  not  to  exceed  the  sum  of  twenty-five  thousand  dollars,  and  in  no 
event  more  than  one-third  of  the  sum  that  may  be  necessary  for  the  construction  of  a 
bridge  across  the  Colorado  river,  at  or  near  Needles,  in  the  state  of  California  and  near 
Topock  in  the  state  of  Arizona,  to  be  paid  to  and  expended  under  the  direction  of  the 
secretary  of  the  interior  of  the  United  States  in  the  construction  of  a  bridge  when  and 
as  recommended  by  said  secretary  of  the  interior. 

California  to  pay  half  of  maintenance. 

§  2.  It  is  further  provided  that  the  state  of  California  assumes  responsibility  for 
the  payment  of  one-half  the  cost  of  the  maintenance  and  repair  of  said  bridge  and  the 
approaches  thereto,  it  being  understood  and  agreed  that  the  state  of  Arizona  assumes 
responsibility  for  the  payment  of  one-half  the  cost  of  maintenance  and  repair  of  the 
bridge  and  the  approaches  thereto;  and  it  being  further  understood  that  the  county  of 
San  Bernardino  will  pay  all  cost  of  maintenance  and  repair  of  the  approach  to  said 
bridge  on  the  California  side  while  the  same  remains  under  the  jurisdiction  of  said 
county. 

§  3.  The  state  controller  is  hereby  authorized  to  draw  his  warrant  on  the  general 
fund  for  said  sum  of  twenty-five  thousand  dollars  in  favor  of  such  person  as  the  secre- 
tary of  the  interior  may  designate,  and  the  state  treasurer  is  hereby  authorized  and 
directed  to  pay  the  same. 

JOINT  BRIDGES. 
ACT  556 — An  act  authorizing  any  county  and  cities  within  such  county  to  join  in  the 
acquisition,  construction  or  maintenance  of  bridges  or  viaducts. 

History:    Approved  May  19,  1915.    In  effect  August  8,  1915.    Stats. 
1915,  p.  688. 

Counties  may  join  with  cities  in  acquiring  bridges,  etc. 

§  1.  Any  county  may  join  with  any  city  or  cities  located  within  such  county  in  the 
acquisition,  construction  or  maintenance  of  any  bridge  or  viaduct  within  such  county, 
whether  such  bridge  or  viaduct  is  or  is  to  be  located  within  or  without  any  such  city. 


270  BriLDIXG  AXD   I-OAX   ASSOCIATIONS.  Act  56S 

The  cost  of  the  acquisition,  construction  or  maintenance  of  any  such  bridge  or  viaduct 
shall  be  borne  by  such  county  and  such  citj'  or  cities  in  such  proportion  as  the  legis- 
lative bodies  thereof  respectively  shall  determine  by  resolution  or  ordinance  and  may 
be  paid  out  of  any  funds  available  therefor.  The  authoritj'  and  responsibility  for  the 
acquisition,  construction  or  maintenance  of  any  such  bridge  or  viaduct  shall  vest  in 
such  county'  or  in  such  city  as  may  be  provided  in  said  ordinances  or  resolutions  appor- 
tioning the  cost, 

BROOKLYN. 

See  tit.  ''Oakland." 

CHAPTER  34. 

BUILDING  AND  LOAN  ASSOCIATIONS. 

CONTENTS  OF  CHAPTER. 
ACT  568.     "Building  and  Loan  Commission"  Act. 

BUILDING  AND  LOAN  COMMISSION  ACT. 
ACT  568 — An  act  creating  a  bureau  of  building  and  loan  supervision ;  providing  for  the 
appointment  of  an  administration  of&cial  therefor  to  be  known  as  the  building  and 
loan  commissioner;  prescribing  his  duties,  powers  and  compensation;  providing  for 
a  secretary,  his  powers  and  compensation;  providing  for  the  rental  of  offices  for  the 
use  of  the  bureau  and  for  traveling  and  office  expenses;  providing  a  system  for 
licensing  building  and  loan  and  other  associations,  and  for  assessing  and  collecting 
the  license  fees  necessary  to  meet  the  salaries  and  other  expenses  of  the  bureau  of 
building  and  loan  supervision;  providing  a  course  of  procedure  where  violations  of 
law,  or  unsafe  practices  are  found  to  exist,  or  are  reported  by  the  commissioner  to 
the  attorney  general;  providing  for  involuntary  liquidation  by  trustees,  and  pro- 
ceedings in  connection  therewith;  providing  for  exemption  of  property  of  associations 
in  liquidation  from  attachments,  executions  and  liens,  pending  liquidation;  pro- 
viding for  and  requiring  associations  to  procure  licenses,  pay  assessments  levied 
for  pro  rata  of  salaries  and  expenses,  and  to  make  and  file  reports;  providing  penal- 
ties for  violations  of  law  and  orders  of  the  commissioners ;  repealing  an  act  approved 
March  21,  1905,  entitled  "An  act  creating  a  bureau  of  building  and  loan  supervision; 
providing  for  the  appointment  of  administration  officials  therefor  to  be  known  as 
the  building  and  loan  commissioners;  prescribing  their  duties,  powers  and  compen- 
sation; providing  for  a  secretary,  his  powers  and  compensation;  providing  for  the 
rental  of  offices  for  the  use  of  the  bureau  and  for  traveling  and  office  expenses;  pro- 
viding a  system  for  licensing  building  and  loan  and  other  associations,  and  for 
assessing  and  collecting  the  license  fees  necessary  to  meet  the  salaries  and  other 
expenses;  providing  a  course  of  procedure  where  violations  of  law,  or  unsafe  prac- 
tices are  found  to  exist,  or  are  reported  by  the  commissioners  to  the  attorney  gen- 
eral; providing  for  involuntary  liquidation  by  trustees,  and  proceedings  in  connec- 
tion therewith;  providing  for  exemption  of  property  of  associations  in  liauidation 
from  attachments,  executions  and  liens,  pending  liquidation;  providing  for  and 
requiring  associations  to  procure  licenses,  pay  assessments  levied  for  pro  rata  of 
salaries  and  expenses,  and  to  make  and  file  reports;  providing  penalties  for  viola- 
tions of  law  and  orders  of  the  commissioners ;  providing  for  succession  in  office,  and 
repealing  all  acts  and  parts  of  acts  in  conflict  herewith";  also  repealing  an  act 
approved  March  23.  1907.  entitled  "An  act  to  amend  section  sixteen  (16)  of  an  act 
entitled  'An  act  creating  a  bureau  of  building  and  loan  supervision;  providing  for 
the  appointment  of  adniinistration  officials  therefor  to  be  known  as  the  building  and 
lean  commissioners;  prescribing  their  duties,  powers  and  compensation;  providing 


Act  568,  §1  GEXERAI^    I-.V\VS.  2S0 

for  a  secretary,  his  powers  and  compensation;  providing  for  the  rental  of  offices  for 
the  use  of  the  bureau  and  for  traveling  and  oiRce  expenses;  providing  a  system  for 
licensing  building  and  loan  and  other  associations,  and  for  assessing  and  collecting 
license  fees  necessary  to  meet  the  salaries  and  other  expenses;  providing  a  course 
of  procedure  where  violations  of  law,  or  unsafe  practices  are  found  to  exist  or  are 
reported  by  the  commissioners  to  the  attorney  general;  providing  for  involuntary 
liquidation  by  trustees,  and  proceedings  in  connection  therewith;  providing  for 
exemption  of  property  of  associations  in  liquidation  from  attachments,  executions 
and  liens  pending  liquidation;  providing  for  and  requiring  associations  to  procure 
licenses,  pay  assessments  levied  for  pro  rata  of  salaries  and  expenses,  and  to  make 
and  file  reports;  providing  penalties  for  violations  of  law  and  orders  of  the  commis- 
sioners; providing  for  succession  in  office,  and  repealing  all  acts  and  parts  of  acts 
in  conflict  herewith,'  approved  March  21,  1905,  relating  to  and  providing  for  reports 
to  building  and  loan  commissioners  and  the  publication  thereof";  also  repealing  an 
act  approved  March  20,  1909,  entitled  "An  act  to  amend  sections  3  and  11  of  an  act 
entitled  'An  act  creating  a  bureau  of  building  and  loan  supervision;  providing  for 
the  appointment  of  administration  officials  therefor  to  be  known  as  the  building  and 
loan  commissioners;  prescribing  their  duties,  powers  and  compensation;  providing 
for  a  secretary,  his  powers  and  compensation;  providing  for  the  rental  of  offices  for 
the  use  of  the  bureau  and  for  traveling  and  office  expenses;  providing  a  system  for 
licensing  building  and  loan  and  other  associations,  and  for  assessing  and  collecting 
license  fees  necessary  to  meet  the  salaries  and  other  expenses,  providing  a  course 
of  procedure  where  violations  of  law,  or  unsafe  practices  are  found  to  exist  or  are 
reported  by  the  commissioner  to  the  attorney  general;  providing  for  involuntary 
liquidation  by  trustees,  and  proceedings  in  connection  therewith;  providing  for 
exemption  of  property  of  associations  in  liquidation  from  attachments,  executions 
and  liens  pending  liquidation;  providing  for  and  requiring  associations  to  procure 
licenses,  pay  assessments  levied  for  pro  rata  of  salaries  and  expenses,  and  to  make 
and  file  reports;  providing  penalties  for  violations  of  law  and  orders  of  the  commis- 
sioners ;  providing  for  succession  in  office,  and  repealing  all  acts  and  parts  of  acts  in 
conflict  herewith,'  approved  March  21,  1905,  relating  to  the  powers  and  duties  and 
salaries  of  the  state  building  and  loan  commissioners." 

History:  Approved  April  5,  1911,  Stats.  1911,  p.  607.  Amended  De- 
cember IS,  1911,  Stats.  1911  (ex.  sess.),  p.  6;  April  28,  1915.  In  effect 
August  8,  1915.  Stats.  1915,  p.  238;  May  29,  1915.  In  effect  August  8, 
1915.  Stats.  1915,  p.  992;  May  11,  1917.  In  effect  July  27,  1917.  Stats. 
1917,  p.  426;  and  May  24,  1917.  In  effect  July  27,  1917.  Stats.  1917, 
p.  918. 

Prior  acts  on  same  subject: 

Act  approved  March  23,  1893,  Stats.  1893,  p.  229.  Amended  March 
?,6,  1895,  Stats.  1895,  p.  103.  Repealed  March  21.  1905,  Stats.  1905, 
0.  666. 

Act  approved  March  21,  1905,  Stats.  1905,  p.  659.  Amended  March 
23,  1907,  Stats.  1907,  p.  931;  March  20,  1919,  Stats.  1909,  p.  544.  Re- 
pealed April  5,  1911,  Stats.  1911,  p.  607. 

Bureau  of  building  and  loan  supervision. 

^  1.  There  is  hereby  created  a  bureau,  to  be  known  and  designated  as  the  "Bureau 
of  Building  and  Loan  Supervision,"  with  powers  of  supervision,  examination  and 
license  of  all  building  and  loan  associations,  mutual  loan  associations,  co-operative  home 
associations,  and  all  other  corporations,  associations  and  societies  whenever,  wherever 
and  however  formed,  which  are  based,  or  are  operating  on  plans  or  methods  similar  to 
building  and  loan  associations  as  defined  in  sectior,  G48  of  the  Civil  Code.  Said  bureau 
is  charged  with  the  enforcement  of  all  laws  designed  for  the  formation,  government  or 
operation,  in  this  state,  of  any  such  association,  corporation  or  society,  and  is  vested 
with  power  to  determine  what  associations,  corporations  and  societies  come  within  the 


2S1  BITILDIXG  AND  I.OAIV   ASSOriATIONS.  Act  568,  g§  a-5 

purview  of  the  laws.     [Amendment  approved  December  18,  1911.     Stats.  1911,  p.  6, 
extra  session.] 

Building  and  loan  commissioner.     Secretary. 

§  2.  The  administration  of  said  bureau  shall  be  vested  in  a  commissioner,  to  be 
known  and  designated  as  the  "building  and  loan  commissioner,"  who  shall  be  ap- 
pointed by  the  governor  and  commissioner  to  hold  office  at  the  pleasure  of  the  governor. 
He  must  be  a  citizen  of  this  state;  and  he  must  not  be  in  any  way  connected  with  any 
association,  corporation  or  society  coming  under  his  supervision.  He  shall  appoint  a 
secretary  who  shall,  ex  officio,  also  be  a  deputy  commissioner  with  full  powers  as  such, 
and  who  must  be  a  practical,  skilled  accountant,  fully  conversant  with  building  and 
loan  systems  and  accounts;  he  shall  also  appoint  one  deputy  who  shall  be  an  accountant. 
[Amendment  of  May  24,  1917.    In  effect  July  27,  1917.    Stats.  1917,  p.  918.] 

This  section  was  also  amended  May  29,  1915,  Stats.  1915,  p.  992. 

Salaries.     Office  in  San  Francisco. 

§  3.     The  commissioner  shall  receive  a  salary  of  three  thousand  six  hundred  dollars 

per  annum,  the  secretary  shall  receive  a  salary  of  two  thousand  four  hundred  dollars 

per  annum,  and  the  deputy  one  thousand  eight  hundred  dollars  per  annum,  and  such 

salaries  shall  be  in  full  for  all  services  rendered.    There  shall  also  be  allowed  and  paid 

the  necessary  traveling  expenses  of  the  commissioner  and  the  secretary,  incurred  while 

traveling  in  the  line  of  their  duties,  not  to  exceed  the  sum  of  one  thousand  two  hundred 

dollars  per  annum.     The  commissioner  shall  procure  and  have  an  office  in  the  city  of 

San  Francisco,  which  office  shall  be  kept  open  for  business  every  business  day,  during 

such  hours  as  are  commonly  observed  by  the  banks  of  that  city  as  banking  hours.    For 

such  office  there  shall  be  allowed  and  paid  a  total  rental  of  not  exceeding  seventy-five 

dollars  per  month.    Said  commissioner  may  also  provide  such  fuel,  stationery,  printing, 

postage,  office  help  and  other  necessary  conveniences  as  may  be  requisite  in  such  office, 

at  a  cost  not  to  exceed  in  the  aggregate  the  sum  of  one  thousand  six  hundred  dollars 

per  annum.    All  said  salaries  and  expenses  shall  be  audited  and  paid  in  the  same  manner 

as  the  salaries  and  expenses  of  other  state  officers.     [Amendment  of  May  24,  1917. 

In  effect  July  27,  1917.     Stats.  1917,  p.  919.] 

This  section  was  also  amended  December  18,  1911,  Stats.  1911  (Ex.  Sess.),  p.  6;  and 
May  29,  1915,  Stats.  1915,  p.  993. 

Bonds  of  commissioner  and  secretary. 

$  4.  Before  entering  upon  their  duties,  the  commissioner  and  the  secretary  shall  each 
execute  an  official  bond  in  the  penal  sum  of  five  thousand  dollars,  each  of  which  bonds 
must  be  guaranteed  by  a  duly  authorized  surety  or  bonding  company,  the  premium  on 
which  shall  be  paid  from  the  allowance  for  office  expenses.  Any  bond  executed  under 
this  section  must  be  approved  by  the  governor  and  -filed  and  recorded  in  the  office  of 
the  secretary  of  state,  and  such  commissioner  and  secretary  must  take  the  oath  of  office 
as  prescribed  by  the  Political  Code  for  the  state  officers  in  general.  [Amendment 
approved  December  18,  1911.    Stats.  1911,  p.  6,  extra  session.] 

Duties.    Report  to  governor. 

§  5.  It  shall  be  the  duty  of  the  commissioner  to  furnish  to  all  associations,  corpora-, 
tions  or  societies,  which,  in  his  judgment,  legally  come  under  his  jurisdiction,  and  that 
have  otherwise  complied  with  the  requirements  of  law,  a  license  authorizing  them  to 
transact  business  for  one  year  from  the  date  of  said  license;  to  receive  and  place  on  file 
in  his  office  the  annual  or  other  reports  required  by  law  to  be  made  by  building  and  loan 
associations  or  other  corporations  or  societies  licensed  by  him;  to  supply  each  with 
blank  forms  for  such  statement;  and  to  make,  on  or  before  the  first  day  of  October  in 
each  year,  a  tabulated  report  to  the  governor  of  this  state,  showing  the  condition  of  all 


ActSeS,  §§0,  7  CLlXCR.ir.    LAWS.  282 

such  associations,  corporations  or  societies  reporting  to  him,  with  such  recommendation 
as  he  may  deem  proper,  accompanied  by  a  detailed  statement  of  all  moneys  received  by 
him  since  his  last  report  and  the  disposition  thereof. 

Duties.    Power  to  administer  oaths. 

ij  6.  It  shall  be  the  duty  of  the  commissioner,  in  person,  or  the  secretary  at  least 
once  in  each  year,  without  previous  notice,  to  visit  and  examine  into  the  affairs  of 
every  such  association,  corporation  or  society  licensed  by  him,  incorporated  or  doing 
business  in  this  state;  on  such  occasions  he  shall  have  free  access  to  all  books,  records, 
securities  and  papers  of  every  such  association,  corporation  or  society,  and  shall  first 
count  the  cash  and  check  the  bank  balance  of  such  corporation  or  association  with  the 
proper  amount  of  funds  as  shown  by  the  books  to  be  on  hand  and  at  the  date  and  hour 
of  such  examination,  and  shall  then  examine  and  verify  the  books,  accounts,  and  secur- 
ities, and,  so  far  as  possible  and  consistent,  the  values  of  all  property  owned  or  held  as 
collateral  security  for  moneys  loaned,  and  otherwise  use  reasonable  diligence  to  ascer- 
tain the  financial  condition  and  solvency  thereof.  He  and  the  secretary  shall  have 
power  to  administer  oaths  in  the  line  of  duty,  and  to  examine  under  oath  the  officers, 
employees  and  agents,  or  the  custodian  or  receiver,  relative  to  any  or  all  the  business 
thereof.  Whenever  the  result  of  any  such  examination  shall  develop  a  condition 
demanding  an  extended  audit  of  the  books  and  affairs,  the  commissioner  may,  for  such 
purpose,  appoint  a  competent  auditor  at  the  expense  of  the  association,  corporation  or 
society  examined.  The  expense  of  such  audit  shall  be  fixed  by  the  commissioner  and 
shall  not  exceed  fifteen  dollars  per  diem,  plus  traveling  and  hotel  expenses,  for  each 
day  actually  engaged  in  the  making  of  the  audit  and  the  preparation  of  the  report. 

Foreign  associations  applying  for  license. 

The  commissioner  or  the  secretary  shall  examine,  or  cause  to  be  examined,  the  books 
and  affairs  of  any  such  association,  corporation  or  society  formed  under  the  laws  of  any 
other  state,  territory  or  foreign  country  applying  for  a  license  to  enter  this  state  for 
the  transaction  of  business,  prior  to  the  granting  of  such  license  and  annually  there- 
after, and  for  every  such  examination  made  outside  the  state  the  actual  traveling  and 
hotel  expenses  incurred  shall  be  paid  by  the  association,  corporation  or  society  so 
examined;  provided,  that  the  result  of  any  similar  examination  made  and  certified  by 
the  duly  constituted  authorities  of  any  state  having  similar  laws  of  supervision  may 
be  accepted  by  the  commissioner.  [Amendment  of  May  29,  1915.  In  effect  August  8, 
1915.    Stats.  1915,  p.  993.] 

Books  of  associations.    Revaluation  of  real  estate. 

§  7.  To  facilitate  the  examination  specified  in  the  foregoing  section,  he  shall  require 
every  such  association,  corporation,  or  society  to  keep  its  books  in  such  form  as  to 
accurately  show  its  assets  and  liabilities  in  detail  and  to  keep  records  written  in  ink, 
showing  the  appraised  values  of  the  real  estate  security  held  in  connection  with  each 
loan,  and  signed  in  each  case  by  the  appraiser,  officer  or  committee  charged  with 
making  such  estimated  valuations.  The  commissioner  may  make  a  revaluation  of 
the  real  estate  owned,  and  of  the  other  securities  of  any  such  association,  corporation 
or  society  licensed  by  him,  on  which  the  loan  payments  may  be  delinquent  for  six 
months  or  more,  and  maj,  for  that  purpose,  appoint  local  appraisers,  who  shall  be 
disinterested  persons,  at  the  expense  of  such  association,  corporation  or  society;  the 
expense  of  such  appraisement  to  be  fixed  by  the  commissioner,  but  not  to  exceed  the 
sum  of  five  dollars  for  property  located  outside  of  any  incorporated  limits  and  three 
dollars  for  property  located  inside  of  any  incorporated  limits  for  each  property  so 
examined  and  appraised.  Each  appraiser  so  appointed  shall  be  required  to  make  a 
sworn  report  to  the  commissioner  of  his  estimated  valuations  of  all  property  so  exam- 
ined and  appraised. 


283  BUILDING  AND  LOAN  ASSOCIATIONS.  Act  568,  §  9 

May  issue  subpoenas,  etc. 

5  8.  The  commission  shall  have  power  to  issue  subpoenas  and  require  attendance 
of  any  or  all  trustees,  or  agents  of  any  such  association,  corporation  or  society,  and 
such  other  witnesses  as  they  may  deem  necessary,  in  relation  to  its  affairs,  transactions 
and  condition,  and  any  such  person  so  served  with  such  subpoena  may  upon  application 
of  the  commissioner  be  required  by  order  of  the  superior  court  of  the  county  where 
the  corporation,  association  or  society  has  its  principal  place  of  business  to  appear 
and  answer  such  pertinent  questions  as  may  be  put  to  him  by  such  commissioner 
and  be  required  to  produce  such  books,  papers  or  documents  in  his  possession  as 
may  be  required  by  such  commissioner. 

Violation  of  law  by  association.  Duty  of  commissioner.  Notice  to  attorney  general. 
Reference  to  superior  court.  Commissioner  empowered  to  conduct  business.  Inven- 
toi-y.  Notice  to  claimants.  Liquidation.   Report.   Liability  of  stockholders.   Surplus. 

5  9.  If  the  commissioner,  as  the  result  of  any  examination,  or  from  any  report 
made  to  him  or  to  the  shareholders,  shall  find  that  any  association,  corporation  or 
society  licensed  by  him,  is  violating  the  provisions  of  its  charter  or  of  the  laws  of 
this  state  provided  for  its  government,  or  is  conducting  its  business  in  an  unsafe 
or  unauthorized  manner,  he  may,  by  an  order  addressed  to  the  association,  corpora- 
tion or  society  so  offending,  direct  a  discontinuance  of  such  violations  or  unsafe 
practices  and  a  confoimity  with  all  the  requirements  of  law;  and  if  such  association, 
corporation  or  societj'  shall  refuse  or  neglect  to  comply  with  such  order  within  the 
time  specified  therein;  or  if  it  shall  appear  to  the  commissioner  that  any  such 
association,  corporation  or  society  is  in  an  unsafe  condition,  or  is  conducting  its 
business  in  an  unsafe  manner,  such  as  to  render  its  further  proceeding  hazardous 
to  the  public,  or  to  those  having  funds  in  its  custody;  or  if  he  shall  find  that  its 
assets  are  impaired  to  such  an  extent  that,  after  providing  for  all  liabilities  other 
than  to  shareholders,  members  and  investors,  they  do  not  exceed  in  volume  the  dues 
or  principal  payments  paid  in  by  the  shareholders,  members  and  investors  and 
credited  to  or  on  account  of  all  classes  of  stock,  shares,  or  certificates  of  investment, 
issued  and  outstanding,  he  shall,  in  order  to  prevent  waste  and  diversion  of  assets, 
assume  and  take  charge  of  the  affairs  and  business  of  such  association,  corporation 
or  society  and  possession  and  control  of  all  its  property  and  assets,  and  retain  such 
possession  pending  action  by  the  proper  court.  Upon  taking  such  action,  he  may, 
under  his  hand  and  official  seal,  appoint  a  custodian,  require  from  him  a  good  and 
sufficient  bond,  and  place  him  in  charge  as  his  representative.  He  shall  immediately 
notify  the  attorney  general  of  his  action  and  of  all  the  necessary  facts  in  connection 
therewith;  and  thereupon  it  shall  become  the  duty  of  the  attorney  general  to  at  once 
apply  to  the  superior  court  of  the  county  in  which  such  association,  corporation  or 
society  has  its  principal  place  of  business,  for  an  order  citing  such  association, 
corporation  or  society  to  show  cause,  if  any  it  may  have,  within  not  exceeding  ten 
days,  why  the  action  of  the  commissioner  should  not  be  approved  and  confii-med  by 
the  court,  and  made  permanent.  Such  court  may  in  such  application,  and  after  a 
full  hearing,  approve  or  disapprove  of  the  action  of  the  commissioner.  If  the  court 
shall  approve  and  confirm  the  action  of  the  commissioner,  such  approval  and  con- 
firmation shall  operate  as  a  permanent  injunction  against  the  further  prosecution  of 
business  by  such  association,  corporation  or  society,  and  the  commissioner  shall 
proceed  immediately  to  liquidate  the  business  and  affairs  thereof,  and  so  continue 
until  such  liquidation  has  been  completed.  If  the  action  of  the  commissioner  shall 
be  disapproved  by  the  court,  the  commissioner  shall  cause  all  reasonable  expenses 
incurred  by  him  during  his  occupany  or  possession,  including  not  exceeding  eight 
dollars  per  diem,  for  each  business  day,  as  the  compensation  of  the  custodian,  to  be 
paid   from   the   funds   of   such   association,   corporation   or   society,   and  immediately 


AetSeS,  §9  GENERAL   LAWS.  284 

restore  the  balance  of  the  property  and  assets  thereof  to  the  possession  of  the  proper 
officers. 

The  approval  and  confirmation  of  the  action  of  the  commissioner,  by  the  court, 
shall  operate  to  empower  the  commissioner  to  collect  all  moneys,  debts  and  claims 
due  to  or  belonging  to  such  association,  corporation  or  society  and  to  give  full  receipt 
therefor;  to  release  or  reconvey  all  real  or  personal  property  pledged  as  security 
for  loans;  to  approve  and  pay  all  just  and  equitable  claims;  to  prosecute  all  actions 
necessary  to  enforce  liquidations;  and,  on  the  order  of  the  court,  to  compound  bad 
or  doubtful  debts  and  to  sell  and  convey  real  and  personal  property. 

As  soon  as  practicable  after  the  approval  and  confirmation  of  the  action  of  the 
commissioner,  by  the  court,  he  shall  cause  an  inventory  of  all  the  assets  of  such 
association,  corporation  or  society  to  be  made  in  duplicate,  the  original  to  be  filed 
with  the  proper  court  and  the  duplicate  in  the  oflSce  of  the  commissioner.  He  shall 
cause  due  notice  to  be  given  by  publication,  weekly  for  four  successive  weeks,  in 
some  newspaper  published  at  or  near  the  principal  place  of  business  of  such  asso- 
ciation, corporation  or  society,  requesting  all  persons  having  claims  against  it  as 
creditors,  shareholders,  members  or  investors,  to  present  same  and  make  legal  proof 
thereof,  at  a  place  and  within  a  time  to  be  designated  in  such  publication;  and  he 
shall  cause  a  copy  of  such  notice  to  be  mailed  to  all  persons  whose  names  appear  of 
record  upon  its  books  as  creditors,  shareholders,  members  or  investors;  and  upon 
the  expiration  of  the  time  fixed  for  the  presentation  of  claims  the  commissioner  shall 
prepare  or  cause  to  be  prepared,  in  duplicate,  a  full  and  complete  schedule  of  all 
claims  presented,  specifying  by  classes  those  that  have  been  approved  and  those  that 
have  been  disapproved,  and  file  the  original  with  the  proper  court  and  the  duplicate 
in  the  office  of  the  commissioner.  Due  notice  shall  be  mailed  to  all  claimants  whose 
claims  may  have  been  rejected.  Action  to  enforce  the  payment  of  any  rejected  claim 
must  be  brought  and  service  had  within  thirty  days  from  and  after  the  date  of  filing 
of  the  schedule  of  claims  with  the  proper  court,  otherwise  all  such  actions  shall  be 
forever  barred.  The  commissioner  may,  under  his  hand  and  official  seal,  appoint 
one  or  more  special  deputies  to  assist  in  the  duties  of  liquidation  and  distribution 
under  his  direction,  and  may  also  employ  such  counsel  and  clerical  assistance  as 
may  be  needful  and  requisite,  and  fix  the  salaries  and  compensation  to  be  allowed 
and  paid  to  each.  All  such  salaries,  together  with  such  other  reasonable  and  neces- 
sary expenses  as  may  be  incurred  in  the  liquidation,  shall  be  paid  by  him  from  the 
funds  of  such  associations,  corporation  or  society  in  his  hands,  and  from  the  net 
realization  of  assets,  in  excess  of  such  salaries  and  expenses,  the  commissioner  shal) 
first  pay  all  approved  claims  other  than  to  stockholders,  shareholders  and  members; 
and  thereafter  he  shall  distribute  and  pay  dividends,  in  liquidation  to  the  stock- 
holders, other  than  guarantee,  and  to  the  shareholders  and  members,  as  fast  as  funds 
to  the  amount  of  ten  (10)  per  cent  of  such  approved  claims  are  available  therefor, 
and  so  continue  until  all  the  assets  have  been  realized  upon  and  a  final  dividend  in 
liquidation  shall  be  declared  and  paid.  Upon  the  payment  of  a  final  dividend  in 
liquidation,  the  commissioner  shall  prepare  and  file  with  the  proper  court  a  full 
and  final  statement  of  the  liquidation,  including  a  summary  of  the  receipts  and  dis- 
bursements, and  a  duplicate  thereof  shall  be  filed  in  the  oflSce  of  the  commissioner, 
and  after  due  hearing  and  approval  by  the  court  the  liquidation  shall  be  deemed  to 
be  closed.  The  approval  and  confirmation  of  the  action  of  the  commissioner,  in  the 
manner  herein  provided,  shall  operate  to  dissolve  or  stay  any  or  all  actions  or  attach- 
ments initiated  or  levied  within  thirty  days  next  preceding  the  date  of  notification 
of  the  attorney  general  by  the  commissioner ;  and,  .pending  the  process  of  liquidation, 
as  herein  provided,  no  attachment  or  execution  shall  be  levied  nor  lien  created  upon 
any  of  the  property  of  such  association,  corporation,  or  society. 


2S5  BUILDI.XG  AXD   LOAN   ASSOCIATIONS.  Act  56S,  §§  9a,  Ik 

In  every  case  where  any  such  association,  corjioration  or  society'  shall  have  a  paid 
in  guarantee  capital,  and  the  realisation  of  assets  shall  be  insufficient  to  meet  the 
liabilities  due  to  all  other  classes  of  stockholders,  shareholders,  members  and  investors, 
the  commission  shall  enforce,  by  action  or  otherwise,  the  liability  of  each  and  every 
of  the  holders  of  the  guarantee  capital  stock  for  his  or  their  respective  pro  rata  of 
any  such  deficiency.  Whenever,  in  all  cases  where  there  shall  be  a  paid  in  guarantee 
capital,  the  commissioner  shall  have  fully  liquidated  all  approved  claims,  and  shall 
have  made  due  provision  for  any  and  all  known  but  unclaimed  liabilities  guarantee 
capital  excepted,  and  shall  have  paid  all  expenses  of  liquidation,  any  surplus  that 
may  then  remain  in  his  hands,  together  with  all  the  records  and  effects,  shall  be 
delivered  over  to  the  holders  of  the  guarantee  capital  stock  at  a  meeting  thereof  to 
be  called  by  the  commissioner  for  that  purpose.  [Amendment  approved  December  18, 
1911.    Stats.  1911,  p.  6,  extra  session.] 

Non-compliance  with  orders  of  commission.    Penalty.     Sheriff  must  enforce  demands. 

§  9a.  Whenever  it  shall  become  necessary  for  the  commissioner  to  take  action 
against  any  association  because  of  unsafe  practices  and  of  conditions  unsafe  and 
hazardous  to  the  public  and  to  those  having  funds  in  its  custody,  as  provided  in  sec- 
tion nine,  the  refusal  of  any  officer  or  director  to  comply  with  his  written  demand  for 
possession  of  the  property  and  assets  shall  constitute  a  misdemeanor  punishable  by  a 
fine  of  not  more  than  five  hundred  dollars  or  by  imprisonment  in  the  county  jail  for 
not  more  than  ninety  days,  or  by  both  such  fine  and  imprisonment;  and  if  such  demand 
be  not  complied  with  within  twenty-four  hours  after  service  the  commissioner  may  call 
to  his  assistance  the  sheriff  of  the  county  in  which  the  principal  place  of  business  of 
such  association  is  located,  by  written  demand  under  his  hand  and  official  seal,  where- 
upon it  shall  become  the  duty  of  such  official  to  enforce  the  demands  of  the  commis- 
sioner. [New  section  added  April  28,  1915.  In  effect  August  8,  1915.  Stats.  1915, 
p.  238.] 

Schediile  of  property. 

$  10.  Upon  the  approval  of  the  action  of  the  commissioner,  in  the  manner  and  for 
the  cause  set  forth  in  section  9,  the  commissioner  shall  require  the  president  and 
secretary  of  such  association,  corporation  or  society  to,  and  such  officers  shall,  make 
a  schedule  of  all  its  property  and  make  oath  that  such  schedule  sets  forth  all  the 
property  which  such  association,  corporation  or  society  owns  or  to  which  it  is 
entitled,  and  deliver  such  schedule,  and  the  possession  of  any  and  all  such  property 
as  may  not  have  been  so  previously  delivered,  to  the  commissioner,  who  may  at  any 
time  examine  under  oath  such  president  and  secretary,  or  other  officers,  to  determine 
whether  or  not  all  the  property  which  such  association,  corporation  or  society  owns, 
or  to  which  it  is  entitled,  has  been  transferred  and  delivered  into  his  possession. 
[Amendment  approved  December  18,  1911.     Stats.  1911,  p.  6,  extra  session.] 

Report  of  receivers.     Examination  by  commissioner. 

$  11.  Receivers,  heretofore  or  hereafter  appointed,  must,  at  least  annually,  make 
due  report  of  all  their  doings  and  accounts  to  the  proper  court,  and  immediately 
thereafter  file  a  copy  thereof  with  the  commissioner;  and  the  commissioner  shall, 
at  least  once  in  each  year,  and  as  much  oftener  as  he  may  deem  expedient,  examine 
the  accounts  and  doings  of  such  receivers,  and,  for  such  purpose,  shall  have  full 
and  free  access  to  all  books,  accounts  and  vouchers  relating  to  such  liquidation 
and  any  defect,  irregularity  or  misconduct  on  the  part  of  such  receivers  as  he  may 
find  to  exist  shall  be,  b}'  the  commissioner,  reported  to  the  proper  court.  [Amendment 
approved  December  18,  1911.    Stats.  1911,  p.  6,  extra  session.] 


Aft  r>C8.  gg  12-15  GENF.RAL.   LAWS.  286 

Examination  upon  request  of  ten  shareholders. 

^  12.  Upon  the  certificate,  under  oath,  of  any  ten  or  more  officers,  trustees,  cred- 
itors, shareholders  or  depositors  of  any  such  association,  corporation  or  society, 
setting  forth  their  interest  and  the  reason  for  the  making  of  such  examination, 
directed  to  the  commissioner,  and  requesting  him  so  to  do,  he  shall  forthwith  make 
a  full  investigation  of  its  affairs,  in  the  manner  provided. 

i'ailure  of  commissioner  to  act. 

^  13.  If  the  commissioner,  having  knowledge  of  the  insolvent  condition,  or  of  any 
violation  of  law  or  unsafe  practice  of  any  such  association,  corporation  or  society 
vinder  his  supervision,  such  as  renders,  in  his  opinion,  the  conduct  of  its  business 
hazardous  to  its  shareholders,  creditors  or  depositors,  shall  fail  to  take  the  proper 
action  required  by  this  act,  or  shall  refuse  or  neglect  to  perform  the  official  duties 
pertaining  to  his  ofBee,  then  upon  conviction  thereof  the  office  of  such  commissioner 
Rhall  be  declared  vacant  by  the  governor,  and  a  successor  be  appointed  to  fill  the 
unexpired  term. 

Associations  to  pay  pro  rata  assessment.    Date  of  assessment.    Minimum  assessment. 

^  14.  To  meet  the  salaries  and  expenses  provided  for  by  this  act,  the  commissioner 
shall  require  every  association,  corporation  or  society  licensed  by  him  or  coming 
under  his  supervision  to  pay  in  advance,  to  him,  and  prior  to  the  issuance  of  any 
license,  its  pro  rata  amount  of  all  such  salaries  and  expenses,  and  it  is  hereby  made 
the  duty  of  every  such  association,  corporation  or  society  to  pay  the  same;  such  pro 
rata  shall  be  fixed  and  determined  by  the  proportion  which  its  assets  bear  to  the 
aggregate  assets  of  all  such  associations,  corporations,  or  societies,  receiving  licenses, 
as  shown  by  the  last  reports  of  such  corporations,  associations,  or  societies  to  the 
commissioner.  On  or  before  the  thirtieth  day  of  December,  in  each  year,  the  commis- 
sioner shall  notify  each  of  such  associations,  corporations  or  societies,  through  the 
United  States  mail,  of  the  amount  assessed  and  levied  against  it  and  that  the  same 
must  be  paid  within  twenty  days  thereafter;  and  should  payment  not  be  made  to  him 
within  said  twenty  days,  he  shall  then  assess  and  collect  a  penalty,  in  addition  thereto, 
of  ten  per  cent  per  day  for  each  day  that  such  payment  may  be  delayed  or  withheld ; 
provided,  however,  that  in  the  levy  and  collection  of  such  assessment,  no  such  associa- 
tion, corporation  or  society  shall  be  assessed  for,  nor  be  permitted  to  pay  less  than 
ten  dollars  per  annum,  and  any  such  association  hereafter  formed  in  this  state,  shall 
be  required  to  pay  not  less  than  one  dollar  per  month  for  the  unexpired  term  ending 
December  thirty-first,  succeeding  application;  and  in  like  manner  any  such  association 
organized  outside  this  state  shall  be  required  to  pay  not  less  than  three  dollars  per 
month,  for  such  unexpired  term,  for  its  first  license. 

License  of  associations.     Commissioner  may  revoke  license. 

^  15.  It  shall  be  the  duty  of  the  commissioner  to  require  every  such  association, 
corporation  or  society  coming  under  his  supervision,  to  procure  from  him,  prior  to 
the  transaction  of  any  business,  a  certificate  of  authority  or  license  to  transact  business 
in  this  state;  and  it  is  hereby  made  the  duty  of  every  association,  corporation  or 
society  to  comply  with  such  requirement.  To  procure  such  license,  there  must  be 
filed  with  and  approved  by  the  commissioner,  a  certified  copy  of  its  articles  of  incor- 
poration, constitution  and  by-laws  and  all  subsequent  amendments  thereto,  accom- 
panied by  the  license  fee  herein  provided  for;  and  after  the  expiration  of  the  term 
for  -which  a  license  may  have  been  granted  to  it,  no  such  association,  corporation  or 
society  shall  be  permitted  to  continue  to  transact  business  without  first  procuring  a 
renewal  of  such  license  on  the  terms  provided  in  this  act,  and  any  such  association, 
corporation  or  society  violating  the  provisions  hereof  shall  be  subject  to  a  penalty 


J 


287  BUILDING  AND  LOAN  ASSOCIATIONS.  Act  568,  §§  15a-17 

of  ten  per  cent  per  day  of  the  amount  of  the  license  fee  required  to  be  paid  under 
section  14  of  this  act,  in  addition  thereto,  for  each  day  during  the  continuance  of 
such  offense.  The  commissioner  is  authorized  and  empowered  to  revoke  the  license 
of  any  such  association,  corporation  or  society  under  his  supervision,  the  solvency 
whereof  may  have  become  imperiled  by  losses  or  irregularities;  and  immediately  upon 
the  revoking  of  any  such  license  he  shall  report  the  facts  to  the  attorney  general, 
who  shall  thereupon  take  such  proceedings  as  are  provided  in  section  9  of  this  act. 

License  to  act  as  agent  for  sale  of  stock,  etc. 

5  15a.  No  person  receiving  compensation  therefor,  other  than  an  officer,  director  or 
salaried  employee,  no  part  of  whose  compensation  consists  of  commissions,  or  other 
than  a  local  resident  agent  who  has  resided  in  the  county  in  which  he  holds  such 
local  agency  for  a  period  of  not  less  than  one  year  prior  to  the  time  that  he  took  such 
agency,  of  a  building  and  loan  association  or  other  similar  corporation  or  society  which 
is  duly  licensed  by  the  commissioner,  shall  act  as  solicitor  or  agent  for  the  sale  of  the 
shares  of  stock,  shares  of  membership,  certificates  or  other  securities  or  forms  of 
investment  issued  by,  or  for  the  securing  of  loans  from,  any  such  association,  cor- 
poration or  society  until  he  has  first  procured  from  the  commissioner  a  license  therefor. 
To  obtain  such  license  there  must  be  filed  with  the  commissioner  a  duplicate  of  the 
authorization  or  appointment  issued  to  him  by,  together  with  a  request  from,  a  licensed 
association,  corporation  or  society  that  a  license  be  issued  to  him  to  act  as  an  agent  oi 
solicitor  for  it,  and  accompanied  by  a  fee  of  one  dollar.  All  such  licenses  shall  expire 
by  limitation  on  the  thirtieth  day  of  June  succeeding  their  issue,  but  may  be  renewed 
from  time  to  time,  for  an  additional  period  of  one  year  upon  a  request  therefor  from 
the  association,  corporation  or  society  originally  applying,  and  payment  of  a  renewal 
fee  of  one  dollar.  Any  such  license  may  be  revoked  at  any  time  on  the  application  of 
the  association,  corporation  or  society  for  whom  it  was  issued,  or  may  be  revoked  by  the 
commissioner  for  cause. 

List  of  persons  holding  licenses. 

The  commissioner  shall  keep  an  alphabetical  list  of  the  names  of  persons  to  whom 
such  licenses  are  issued  with  the  date  of  issue  and  renewal,  and  the  name  of  the  asso- 
ciation, corporation  or  society  for  whom  such  licensee  is  authorized  to  act.  All  such 
licenses  shall  be  issued  under  rules  and  regulations  to  be  prescribed  by  the  com- 
missioner. [New  section  added  May  24,  1917.  In  effect  July  27,  1917.  Stats.  1917, 
p.  919.] 

Annual  report  of  associations.    Failure  to  make  report. 

^  16.  The  commissioner  shall  require  every  association,  corporation  or  society 
licensed  by  him,  and  including  associations  in  liquidation,  within  thirty  days  after  the 
close  of  its  annual  fiscal  term  to  make  a  report  to  him  in  writing,  verified  by  the  oath  of 
its  president  and  secretary,  showing  accurately  its  financial  condition  at  the  close  of 
such  term;  such  report  shall  also  include  all  the  receipts  and  disbursements  and 
income  and  exjienses  for  the  term,  together  with  such  statistical  and  other  infor- 
mation as  may  be  deemed  essential;  all  and  every  of  such  reports  shall  be  in  such 
form  as  the  commissioner  may  prescribe,  and  upon  blanks  to  be  by  him  furnished 
therefor.  Every  such  association,  corporation  or  society  is  hereby  required  to  make 
and  file  all  such  reports  within  the  time  specified  herein,  and  for  failure  or  neglect 
so  to  do  shall  be  subject  to  a  penalty  of  ten  dollars  per  day  for  each  and  every  day 
the  same  shall  be  delayed  or  withheld. 

Suit  to  collect  assessments.    Building  and  loan  inspection  fund. 

§  17.  The  collection  of  all  moneys  assessed,  as  herein  provided,  for  the  payment  of 
salaries  and  annual  expenses,  or  forfeitable  as  fines  for  failure  to  make  paymenta  of 


Act  568,  §18  GENERAL   LAWS.  288 

assessments,  procure  licenses,  or  make  and  file  reports  as  herein  specified,  and  due 
from  any  such  association,  corporation  or  society  coming  within  the  provisions  of  this 
act,  or  imposed  as  a  penalty  for  violation  of  any  order  or  summons,  may  be  enforced 
by  the  commissioner  by  action  instituted  in  any  court  of  competent  jurisdiction; 
and  all  moneys  collected  or  received  by  the  commissioner  under  this  act,  shall  be 
deposited  with  the  state  treasurer,  to  be  credited  to  a  fund  to  be  known  and  desig- 
nated as  the  "building  and  loan  inspection  fund";  which  said  fund  shall  only  be  used 
in  defraying  the  salaries  and  expenses  provided  for  bj'  this  act;  provided,  however, 
that  the  commissioner  may  retain  in  his  possession  and  under  his  control  a  sum  not 
exceeding  three  hundred  dollars  to  be  used  for  the  benefit  of  his  ofiice,  as  a  revolving 
fund,  for  making  advance  payment  of  office  rent  and  office  expenses  prior  to  the  pre- 
sentation and  allowance  of  the  periodical  claims  therefor.  [Amendment  of  May  11, 
1917.    In  effect  July  27,  1917.    Stats.  1917,  p.  426.] 

Earlier  acts  repealed. 

$  18.  An  act  approved  March  21,  1905,  entitled  "An  act  creating  a  bureau  of  build- 
ing and  loan  supervision;  providing  for  the  appointment  of  administration  officials 
therefor  to  be  known  as  the  building  and  loan  commissioners;  prescribing  their  duties, 
powers  and  compensation;  providing  for  a  secretary,  his  powers  and  compensation; 
providing  for  the  rental  of  offices  for  the  use  of  the  bureau  and  for  traveling  and  office 
expenses;  providing  a  system  for  licensing  building  and  loan  and  other  associations, 
and  for  assessing  and  collecting  the  license  fees  necessary  to  meet  the  salaries  and  other 
expenses;  providing  a  course  of  procedure  where  violations  of  law,  or  unsafe  practices 
are  found  to  exist,  or  are  reported  by  the  commissioners  to  the  attorney  general; 
providing  for  involuntary  liquidation  by  trustees,  and  proceedings  in  connection  there- 
with; providing  for  exemption  of  property  of  associations  in  liquidation  from  attach- 
ments, executions  and  liens,  pending  liquidation;  providing  for  and  requiring  associa- 
tions to  procure  licenses,  pay  assessments  levied  for  pro  rata  of  salaries  and  expenses, 
and  to  make  and  file  reports;  providing  penalties  for  violations  of  law  and  orders  of 
the  commissioners;  providing  for  succession  in  office,  and  repealing  all  acts  and  parts 
of  acts  in  conflict  herewith."  Also  an  act  approved  March  23, 1907,  entitled  "An  act  to 
amend  section  sixteen  (16)  of  an  act  entitled  'An  act  creating  a  bureau  of  building  and 
loan  supervision;  providing  for  the  appointment  of  administration  officials  therefor 
to  be  known  as  the  building  and  loan  commissioners;  prescribing  their  duties,  powers 
and  compensation;  providing  for  a  secretary,  his  powers  and  compensation;  providing 
for  the  rental  of  offices  for  the  use  of  the  bureau  and  for  traveling  and  office  expenses; 
providing  a  system  for  licensing  building  and  loan  and  other  associations,  and  for 
assessing  and  collecting  license  fees  necessary  to  meet  the  salaries  and  other  expenses; 
providing  a  course  of  procedure  where  violations  of  law,  or  unsafe  practices  are 
found  to  exist  or  are  reported  by  the  commissioners  to  the  attorney  general;  providing 
for  involuntary  liquidation  by  trustees,  and  proceedings  in  connection  therewith; 
providing  for  exemption  of  property  of  associations  in  liquidation  from  attachments, 
executions,  and  liens  pending  liquidation;  providing  for  and  requiring  associations  to 
procure  licenses,  pay  assessments  levied  for  pro  rata  of  salaries  and  expenses,  and  to 
make  and  file  reports;  providing  penalties  for  violations  of  law  and  orders  of  the 
commissioners;  providing  for  succession  in  office,  and  repealing  all  acts  and  parts  of 
acts  in  conflict  herewith,'  approved  March  21,  1905,  relating  to  and  providing  for 
reports  to  building  and  loan  commissioners  and  the  publication  thereof."  Also  an  act 
approved  March  20, 1909,  entitled  "An  act  to  amend  sections  3  and  11  of  an  act  entitled 
'An  act  creating  a  bureau  of  building  and  loan  supervision;  providing  for  the  appoint- 
ment of  administration  officials  therefor  to  be  known  as  the  building  and  loan  commis- 
sioners; prescribing  their  duties,  powers  and  compensation;  providing  for  a  secretary, 
his  powers  and  compensation;  providing  for  the  rental  of  offices  for  the  use  of  the 


::S»  BUILDING  AND  LOAN  ASSOCIATIONS.  Act  568,  §§  19-21 

bureau  and  for  traveling  and  office  expenses;  providing  a  system  for  licensing  building 
and  loan  and  other  associations,  and  for  assessing  and  collecting  license  fees  necessary 
to  meet  the  salaries  and  other  expenses,  providing  a  course  of  procedure  where  viola- 
tions of  law,  or  unsafe  practices  are  found  to  exist  or  are  reported  by  the  commissioners 
to  the  attorney  general;  providing  for  involuntary  liquidation  by  trustees,  and  pro- 
ceedings in  connection  therewith;  providing  for  exemption  of  property  of  associations 
in  liquidation  from  attachments,  executions  and  liens  pending  liquidation;  providing  for 
and  requiring  associations  to  procure  licenses,  pay  assessments  levied  for  pro  rata  of 
salaries  and  expenses,  and  to  make  and  file  reports;  providing  penalties  for  violations 
of  law  and  orders  of  the  commissioners;  providing  for  succession  in  office,  and  repeal- 
ing all  acts  and  parts  of  acts  in  conflict  herewith,'  approved  March  21,  1905,  relating 
to  the  powers  and  duties  and  salaries  of  the  state  building  and  loan  commissioners, ' ' 
and  all  acts  or  parts  of  acts  inconsistent  with  the  provisions  of  this  act  are  hereby 
repealed. 

Commissioner  successor  of  commissioners. 

$  19.  The  building  and  loan  commissioner  provided  for  by  this  act  shall  be  the 
successor  in  interest  of,  and  shall  succeed  to  all  the  rights,  powers  and  privileges 
possessed  by,  the  building  and  loan  commissioners  under  and  by  virtue  of  that  certain 
act  entitled  An  act  approved  March  21,  1905,  as  amended  March  23,  1907,  and  as 
amended  March  20,  1909,  entitled  "An  act  creating  a  bureau  of  building  and  loan 
supervision;  providing  for  the  appointment  of  administration  officials  therefor  to  be 
known  as  the  building  and  loan  commissioners;  prescribing  their  duties,  powers  and 
compensation;  providing  for  a  secretary,  his  powers  and  compensation;  providing  for 
the  rental  of  offices  for  the  use  of  the  bureau  and  for  traveling  and  office  expenses; 
providing  a  system  for  licensing  building  and  loan  and  other  associations,  and  for 
assessing  and  collecting  the  license  fees  necessary  to  meet  the  salaries  and  other 
expenses;  providing  a  course  of  procedure  where  violations  of  law  or  unsafe  practices 
are  found  to  exist,  or  are  reported  by  the  commissioners  to  the  attorney  general; 
providing  for  involuntary  liquidation  by  trustees,  and  proceedings  in  connection  there- 
with; providing  for  exemption  of  property  of  associations  in  liquidation  from  attach- 
ments; executions  and  liens,  pending  liquidation;  providing  for  and  requiring  associa- 
tions to  procure  licenses,  pay  assessments  levied  for  pro  rata  of  salaries  and  expenses, 
and  to  make  and  file  reports;  providing  penalties  for  violations  of  law  and  orders  of 
the  commissioners;  providing  for  succession  in  office  and  repealing  all  acts  and  parts 
of  acts  in  conflict  herewith";  and  any  and  all  actions  or  proceedings  taken  or  com- 
menced by  the  said  building  and  loan  commissioners,  under  the  act  aforesaid,  shall 
continue  in  full  force  and  effect  and  the  said  actions  and  proceedings  shall  not  abate, 
and  the  said  building  and  loan  commissioner  provided  for  by  this  act  shall  be  substi- 
tuted for  and  continue  in  the  place  and  stead  of  the  said  building  and  loan  commis- 
sioners under  the  act  aforesaid,  and  likewise  all  books,  documents,  records  and  prop- 
erty of  every  kind  and  description  obtained  or  possessed  by  the  building  and  loan 
commissioners  or  their  secretary  or  clerks,  examiners  or  employees  under  the  provi- 
sions of  the  said  act  of  March  21,  1905,  shall  immediately  be  turned  over  and  delivered 
to  the  said  building  and  loan  commissicner  herein  provided  for. 

Title  of  act. 

§  20.     This  act  shall  be  known  as  the  building  and  loan  commission  act. 
§  21.     This  act  shall  take  effect  immediately. 

1.     Compensation      o£       custodian. — Under  appeal    is   pending   to    test   the   propriety    jf 

section   9   of  the  building  and   loan   commis-  the   order  under  which  he  Is  acting. — Bran- 

sion    act    the    custodian    appointed    by    the  don   v.   Anglo-California   Trust   Co.,    177    Cal. 

commissioner     has     no     right     of    action     to  699,   701,   171   Pac.   956. 

recover     his    compensation    so     long    as    an  3.     ConstitutionaUty. — Section     19     of     the 

Gen.  Laws — 19 


Act  570,  S  1 


GENERAL   LAWS. 


290 


tuilding  and  loan  commission  act  held  un- 
constitutional on  the  ground  that  its  pro- 
visions are  not  embraced  in  the  title. — 
Provident,  etc.,  Ass'n  v.  Davis,  143  Cal.  253, 
76   Pac.    1034. 

3.  Attachment. — The  property  of  a  build- 
ing- and  loan  association  remains  subject  to 
attachment  or  execution  until  the  com- 
mencement of  the  action  by  the  attorney 
general,  without  regard  to  the  date  of  the 
report  to  the  attorney  general  by  the  com- 
missioners as  to  the  unsafe  conditions  cov- 
ered by  the  act. — Bories  v.  Union  B.  &  L. 
Association,  141  Cal.  74,  74  Pac.  552. 

4.  Attachment,  lien  of. — The  lien  of  an 
attachment  attaching  prior  to  the  bringing 
of  the  suit  by  the  attorney  general  against 
the  association  under  the  act  is  not  affected 
by  possession  of  the  receiver  appointed  in 
such  suit. — Bories  v.  Union  B.  &  L.  Ass'n, 
141   Cal.   74,   74  Pac.   552. 

5.  Bankruptcy  under  federal  act.  —  A 
state  building  and  loan  association,  not 
claiming  to  be  either  bankrupt  or  insolvent, 
can  not  have  a  writ  of  prohibition  to  re- 
strain proceedings  against  it  under  the 
building  and  loan  commission  act  on  the 
ground  of  the  exclusive  jurisdiction  of  the 
federal  courts  under  the  federal  act. — Con- 
tinental, etc.,  Association  v.  Superior  Court, 
163  Cal.  579,  586,   126  Pac.  476. 

6.  Bankruptcy  —  Jurisdiction  of  federal 
court. — Under  section  9,  if  investigation  of 
the  affairs  of  a  building  and  loan  associa- 
tion discloses  the  fact  that  the  corporation 
is  bankrupt  or  insolvent  the  proceedings 
are  suspended  by  force  of  the  federal  act, 
and  under  subdivision  4,  section  3,  further 
proceedings  are  taken  under  the  latter  act. 
— Continental,  etc..  Association  v.  Superior 
Court.  163  Cal.  579,  584,  126  Pac.  476. 


7.  JuriKdlction    of    state    court. — The    act 

known  as  "the  building  and  loan  commission 
act,"  while  in  certain  features  a  bankruptcy 
act,  contains  provisions  entirely  foreign  to 
the  national  bankruptcy  act  or  to  the  legal 
concept  of  bankruptcy,  and  the  power  of 
the  state  court  to  proceed  in  conformity 
with  the  state  law,  where  the  corporation 
is  neither  bankrupt  nor  insolvent  under  the 
federal  act,  is  not  to  be  questioned. — Conti- 
nental, etc.,  Association  v.  Superior  Court, 
163   Cal.   579,   586,   126   Pac.   476. 

8.  Same— Similarity  to  proceedlngrs  in 
bankruptcy. — If  a  state  takes  charge  of  the 
affairs  of  a  corporation,  for  good  reasons 
of  its  own,  for  acts,  not  within  the  con- 
templation of  the  bankruptcy  law,  it  is 
futile  to  argue  that  because  the  procedure 
it  adopts  for  the  payment  of  creditors  is 
similar  to  or  identical  with  the  procedure 
adopted  in  case  of  bankruptcy,  therefore 
the  proceedings  are  in  bankruptcy. — Conti- 
nental, etc.,  Association  v.  Superior  Court. 
163   Cal.    579,   583,   126   Pac.   476. 

9.  Power  of  state. — The  state  may  pre- 
vent a  person  or  corporation  from  conduct- 
ing business,  and  in  so  preventing  it  take 
control  of  its  affairs,  terminate  its  business 
and  pay  its  creditors  for  acts  entirely  for- 
eign to  and  obsolutely  without  the  contem- 
plation of  bankruptcy. — Continental,  etc.. 
Association  v.  Superior  Court,  163  Cal.  579, 
583,   126  Pac.   476. 

10.  Receiver. — The  act  does  not  impera- 
tively require  the  appointment  of  a  receiver, 
regardless  of  the  general  principles  of 
equity,  but  only  permits  it,  in  the  discre- 
tion of  the  court. — People  v.  Union  B.  &  L.. 
Ass'n,  127  Cal.   400,  58  Pac.  822,  69   Pac.   692. 


CHAPTER  45. 

BUILDINGS. 

References:   See  tits.  "Architecture";  "Dwelling  Houses" 
"Public  Buildings";  "Tenement  Houses." 

CONTENTS  OF  CHAPTER. 

ACT  570.     Building   Zone   Act. 
571.     Building  Line  Act. 


"Hotels";  "Lodging  Houses' 


I 


BUILDING  ZONE  ACT. 

ACT  570 — An  act  to  provide  for  the  establishment  within  mnnicipalities  of  districts  or 

zones  within  which  the  use  of  property,  height  of  improvements  and  required  open 

spaces  for  light  and  ventilation  of  such  buildings,  may  be  regulated  by  ordinance. 

History:   Approved  May  31,  1917.    In  effect  July  30,  1917.    Stats.  1917, 
p.  1419. 

Cities  may  create  districts  within  which  buildings  and  trades  regulated. 

§  1.  For  the  public  interest,  health,  comfort,  convenience,  preservation  of  the  public 
peace,  safety,  morals,  order  and  the  public  welfare,  the  city  council,  board  of  trustees 
or  other  legislative  body  of  any  incorporated  citj'  and  town  of  California,  hereinafter 
referred  to  as  the  council,  may  by  ordinance  create  or  divide  the  city  into  districts 
within  some  of  which  it  shall  be  lawful  and  within  others  of  which  it  shall  be  unlawful 


201  BUILDINGS.  Act  570,  §§  2-5 

to  erect,  construct,  alter  or  maintain  certain  buildings,  or  to  carry  on  certain  trades  or 
callings  or  within  which  the  height  and  bulk  of  future  buildings  shall  be  limited. 

Kestriction  on  location  of  industries,  etc. 

$  2.  The  council  may  by  ordinance  regulate,  restrict  and  segregate  the  location  of 
industries,  the  several  classes  of  business,  trades  or  callings,  the  location  of  apartment 
or  tenement  houses,  club  houses,  group  residences,  two-family  dwellings,  single  family 
dwellings  and  the  several  classes  of  public  and  semipublic  buildings,  and  the  location  of 
buildings  or  property  designed  for  specified  uses,  and  may  divide  the  city  into  districts 
of  such  number,  shape  and  area  as  the  council  may  deem  best  suited  to  carry  out  the 
purposes  of  this  act,  subject  to  the  provisions  of  section  four  hereof.  For  each  such 
district  regulations  may  be  imposed  designating  the  class  of  use  that  shall  be  excluded 
or  subjected  to  special  regulations  and  designating  the  uses  for  which  buildings  may  not 
be  erected  or  altered,  or  designating  the  class  of  use  which  only  shall  be  permitted. 
Such  regulations  shall  be  designed  to  promote  the  public  health,  safety  and  general 
Avelfare.  The  council  shall  give  reasonable  consideration,  among  other  things,  to  the 
character  of  the  district,  its  peculiar  suitability  for  particular  uses,  the  conservation 
of  property  values  and  the  direction  of  building  development  in  accord  with  a  well 
considered  plan. 

Regulations  of  height  of  buildings.  Area  of  courts,  etc.  Uniform  throughout  district. 
§  3.  The  council  may  place  reasonable  regulations  and  limitations  upon  the  height 
and  bulk  of  buildings  hereafter  ei'ected  and  regulate  and  detennine  the  area  of  yards, 
courts  and  other  open  spaces,  having  due  regard  to  the  nature  of  the  use  and  occupancj'^ 
in  such  case.  The  council  may  divide  the  city  into  districts  of  such  number,  shape 
and  area  as  the  council  may  deem  best  suited  to  carry  out  the  purpose  of  this  act, 
subject  to  the  provisions  of  section  four  hereof.  The  regulations  as  to  the  height  and 
bulk  of  buildings  and  the  area  of  yards,  courts  and  other  open  spaces  shall  be  uniform 
for  each  class  of  building  throughout  each  district.  The  regulations  in  one  or  more 
districts  may  differ  from  those  in  other  districts.  Such  regulations  shall  be  designed 
to  secure  safety  from  fire  and  other  dangers  and  to  promote  the  public  health  and 
welfare,  and  to  secure  provision  for  adequate  light,  air  and  reasonable  access.  The 
council  shall  pay  reasonable  regard  to  the  character  of  buildings  now  erected  in  each 
district,  the  value  of  the  land,  and  the  use  to  which  it  ma}-  be  put  to  the  end  that  such 
regulations  may  promote  public  health,  safety  and  welfare. 

Cities  with  planning  commission.    Hearing. 

$  4.  In  municipalities  having  a  city  planning  commission  the  council  shall  require 
such  commission  to  recommend  the  boundaries  of  such  districts  and  appropriate  regu- 
lations and  restrictions  to  be  enforced  therein.  Such  commission  shall  make  a  tentative 
report  and  hold  public  hearings  thereon  at  such  times  and  places  as  said  council  shall 
require  before  submitting  its  final  report.  Said  council  shall  not  hereafter  determine 
the  boundaries  of  any  district  or  impose  any  regulations  until  after  the  final  report  of 
the  city  planning  commission  is  filed  with  the  city  clerk.  Upon  receiving  such  final 
report  said  council  shall  afford  persons  particularly  interested,  and  the  general  public, 
an  opportunity  to  be  heard,  at  a  time  and  place  to  be  specified  in  a  notice  of  hearing 
to  be  published  in  a  newspaper  to  be  designated  for  that  purpose.  Said  newspaper 
to  be  a  local  newspaper,  if  there  be  one,  otherwise  a  newspaper  of  general  circulation 
within  the  municipality,  and  to  be  published  not  less  than  three  times  in  any  daily,  or 
not  less  than  once  in  any  other  newspaper  of  general  circulation  within  the  munic- 
ipality, and  within  the  week  within  which  said  meeting  is  to  be  held. 

Cities  without  planning  commission. 

^  5.  In  municipalities  where  there  is  no  city  planning  commission  the  council  may 
proceed  in  the  manner  prescribed  in  section  four  hereof  and  shall  make  the  tentative 


A.ct»  571, 575,  §  1  GENERAL   LAWS.  292 

report,  arrange  for  and  hold  such  public  hearings,  make  such  final  report  and  afford 
all  persons  particularly  interested  and  the  general  public,  and  opportunity  to  be  heard 
at  the  time  and  place  and  in  the  manner  prescribed  in  section  four  hereof. 

Penalties. 

§  6.  The  coTincil  may  establish  penalties  for  violations  of  such  an  ordinance  once 
established  and  in  effect. 

BUILDING  LINES. 

ACT  571 — An  act  authorizing  and  empowering  municipalities  to  provide  a  procedure  for 

the  fixing  and  establishing  of  setback  lines  on  private  property  bordering  on  the 

whole  or  part  of  any  street,  avenue  or  highway,  to  prohibit  the  erection  of  buildings, 

fences  or  other  structures  between  such  setback  lines  and  the  lines  of  any  such  street, 

avenue  or  highway,  and  to  condemn  any  and  all  property  necessary  or  convenient  for 

that  purpose. 

History:   Approved  May  31,  1917.    In  effect  July  30,  1917.    Stats.  1917, 
p.  1421. 

City  council  may  establish  setback  lines. 

$  1.  Whenever  public  interest  or  convenience  may  require,  the  city  council  of  any 
municipality  shall  have  full  power  and  authority  to  provide  a  procedure  for  the  fixing 
and  establishing  of  setback  lines  on  private  property  bordering  on  the  whole  or  part 
of  any  street,  avenue  or  other  highway,  to  prohibit  the  erection  of  buildings,  fences  or 
other  structures  between  such  setback  lines  and  the  lines  of  any  such  street,  avenue 
or  other  highway,  and  to  condemn  any  and  all  property  necessary  or  convenient  for 
that  purpose. 

Procedure. 

^  2.  The  ordinance  prescribing  such  procedure  shall  provide,  among  other  things, 
for  the  passage  of  a  resolution  of  intention  describing  the  land  deemed  necessary  to  be 
taken  or  damaged  therefor,  also  the  exterior  boundaries  of  the  district  of  lands  to  be 
benefited  by  said  work  or  improvement  and  to  be  assessed  to  pay  the  damages,  costs 
and  expenses  thereof,  and  shall  require  that  a  written  protest  signed  by  the  owners 
of  a  majority  of  the  frontage  upon  the  streets  and  parts  of  streets  within  the  district 
to  be  assessed,  and  filed  with  such  city  council,  shall  be  a  bar  to  such  proceeding  for  a 
period  of  six  months  from  the  date  of  the  filing  of  such  protest.  The  procedure  shall 
provide  for  due  notice  and  hearing  to  property  owners  liable  to  be  assessed,  also  a 
method  for  the  assessment  and  collection  of  benefits  and  the  payment  of  damages, 
together  with  such  other  matters  as  may  be  necessary  or  convenient  to  promote  the 
objects  hereof. 

CHAPTER  35. 

BUOYS  AND  BEACONS. 

CONTENTS  OF  CHAPTER. 
ACT  575.    Protection  of  Buoys  and  Beacons. 

PROTECTION  OF  BUOYS  AND  BEACONS. 

ACT  575 — An  act  for  the  protection  of  buoys  and  beacons. 

History:     Approved  March  26,  1874,  Stats.  1873-74,  p.  619. 

Damages  to  buoys  and  beacons. 

§  1.  Any  person  or  persons  who  shall  moor  any  vessel  or  boat  of  any  kind,  or  any 
raft  OT  scow,  to  any  buoy  or  beacon  placed  in  the  waters  of  California  by  authority 
of  the  United  States  lighthouse  board,  or  shall  in  any  manner  hang  on  to  the  same. 


293  BURLINGAMB.  Act  578,  g  1 

with  any  vessel,  boat,  raft,  or  scow,  or  shall  willfully  remove,  damage,  or  destroy  any 
such  buoy  or  beacon,  or  any  part  of  the  same,  or  shall  cut  down,  remove,  damage, 
or  destroy  any  beacon  or  beacons  erected  on  land  in  this  state  by  the  authority  afore- 
said, shall,  for  every  such  offense,  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof  before  any  court  of  competent  jurisdiction,  be  punished  by  a  fine 
not  exceeding  five  hundred  dollars,  or  by  imprisonment  not  exceeding  six  months;  one- 
third  of  the  fine  in  such  case  to  be  paid  to  the  informer,  and  two-thirds  thereof  to 
the  lighthouse  board,  to  be  used  in  repairing  said  buoys  and  beacons. 

Cost  of  repairs,  and  lien  for. 

$  2.  The  cost  of  repairing  or  replacing  any  such  buoy  or  beacon  which  may  have 
been  misplaced,  damaged,  or  destroyed  by  any  vessel,  boat,  raft,  or  scow  being  made 
fast  to  the  same,  shall,  when  said  cost  shall  have  been  legally  ascertained,  be  a  lien 
upon  such  vessel,  boat,  raft,  or  scow,  and  recovered  against  the  same,  and  the  owner 
or  owners  thereof,  in  an  action  of  debt,  in  any  court  of  competent  jurisdiction  in  this 
state. 

Act  takes  effect  when. 

$  3.     This  act  shall  take  effect  from  and  after  its  passage. 

Codified    In    part. — This,    and    a    prior    act       Penal    Code. — See    Kerr's    Cyc.    Penal    Code, 

on   same   subject    (Stats.    1861,   p.    224),    were       §§  609,   614. 
apparently  codified,  at  least  In  part,  by  the 

BURBANK. 
See  Act  3094,  note. 

CHAPTER  36. 

BURLINGAME. 
References:   Incorporation,  see  post  Act  3094,  note. 

CONTENTS  OF  CHAPTER. 
ACT  578,     Grant  of  Tide  Lands  to  City. 

ACT  578 — An  act  granting  to  the  city  of  Burlingame  the  salt  marsh,  tide  and  sub- 
merged lands  of  the  state  of  California,  including  the  right  to  wharf  out  therefrom, 
and  regulating  the  management,  use  and  control  thereof. 

History:    Approved  May  27,  1915.     In  effect  August  8,  1915.     Stats. 
1915,  p.  904. 

Tide  lands  granted  to  Burlingame.    Conditions  of  grant.    Franchises  for  wharves,  etc. 

Persons  in  possession  to  have  first  right. 

$  1.  There  is  hereby  gi-anted  to  the  city  of  Burlingame,  a  municipal  corporation  of 
the  state  of  California,  and  to  its  successors,  all  the  right,  title  and  interest  of  the 
state  of  California,  held  by  said  state  by  virtue  of  its  sovereignty,  in  and  to  all  the  salt 
marsh,  tide  and  submerged  lands,  whether  filled  or  unfilled,  within  the  present  bound- 
aries of  said  city,  and  situated  below  the  line  of  mean  high  tide  of  the  Pacific  ocean, 
or  of  any  harbor,  estuary,  bay  or  inlet  within  said  boundaries,  to  be  forever  held  by 
said  city,  and  by  its  successors,  in  trust  for  the  uses  and  purposes,  and  upon  the  express 
conditions  following,  to  wit:  That  said  lands  shall  be  used  by  said  city  and  its  suc- 
cessors, solely  for  the  establishment,  improvement  and  conduct  of  a  harbor,  and  for  the 
construction,  maintenance  and  operation  thereon  of  wharves,  docks,  piers,  slips,  quays, 
and  other  utilities,  stiiictures  and  appliances  necessary  or  convenient  for  the  pro- 
motion and  accommodation  of  commerce  and  navigation,  and  paid  city,  or  its  succes- 
sors, shall  not,  at  any  time,  grant,  convey,  give  or  alien  said  lands,  or  any  part  thereof, 


Act57S,  §2  GENERAL,   LAWS.  294 

to  any  individual,  firm  or  corporation  for  any  purpose  whatever;  provided,  that  said 
city,  or  its  successors,  may  grant  franchises  thereon,  for  limited  periods,  for  wharves 
and  other  public  uses  and  purposes,  and  may  lease  said  lands,  or  any  part  thereof,  for 
limited  periods,  for  purposes  consistent  with  the  trusts  upon  which  said  lands  are 
held  by  the  state  of  California  and  with  the  requirements  of  commerce  or  navigation 
at  said  harbor,  for  a  term  not  exceeding  twenty-five  years,  and  on  such  other  terms  and 
conditions  as  said  city  may  determine,  including  a  right  to  renew  such  lease  or  leases 
for  a  further  term  not  exceeding  twenty-five  years  or  to  terminate  the  same  on  such 
terms,  reservations  and  conditions  as  may  be  stipulated  in  such  lease  or  leases,  and 
said  lease  or  leases  may  be  for  any  and  all  purposes  which  shall  not  interfere  with 
navigation  or  commerce,  with  reversion  to  the  said  city  on  the  termination  of  such  lease 
or  leases  of  any  and  all  improvements  thereon,  and  on  such  other  terms  and  conditions 
as  the  said  city  may  determine,  but  for  no  purpose  which  will  interfere  with  navigation 
or  commerce;  subject  also  to  a  reservation  in  all  such  leases  or  such  wharfing  out 
privileges  of  a  street,  or  of  such  other  reservation  as  the  said  city  may  determine  for 
sewer  outlets,  and  for  gas  and  oil  jnains,  and  for  hydrants,  and  for  electric  cables  and 
wires,  and  for  such  other  conduits  for  municipal  purposes,  and  for  such  public  and 
municipal  purposes  and  uses  as  maj'  be  deemed  necessary  by  the  said  city;  provided, 
however,  that  each  person,  firm  or  corporation  or  their  heirs,  successors  or  assigns  now 
in  possession  of  land  or  lands  abutting  on  said  lands,  within  the  boundaries  of  the  city 
of  Burlingame,  shall  have  a  right  to  obtain  a  lease  for  a  term  of  twenty-five  years  from 
said  city  of  said  land  and  wharfing  out  privileges  therefrom  with  a  right  of  renewal 
for  a  further  term  of  twenty-five  years  pursuant  to  the  provisions  of  this  act  and  or 
such  terms  and  conditions  as  said  city  may  determine  and  specify,  subject  to  the  right 
of  said  city  to  terminate  said  lease  at  the  end  of  the  first  twenty-five  years  or  refuse 
to  renew  the  same,  or  to  terminate  the  lease  so  renewed  during  the  term  of  such  renewed 
lease  on  such  just  and  reasonable  terms  for  compensation  for  improvements  at  the  then 
value  of  said  improvements  as  said  city  may  determine  and  specify.  Upon  obtaining 
such  lease  and  wharfing  out  privileges  such  person,  firm  or  corporation,  their  heirs  or 
assigns,  shall  quitclaim  to  said  city  any  right  thej'  or  any  of  them  may  claim  or  have 
to  the  said  lands  hereby  granted.  This  grant  shall  carry  the  right  to  such  city  of  the 
rents,  issues  and  profits  in  any  manner  hereafter  arising  from  the  lands  or  wharfing 
out  privileges  heieby  granted. 

Right  to  use  wharves,  etc.,  reserved  to  state.    No  discrimination  in  rates.    Right  to  fish 

reserved. 

The  state  of  California  shall  have,  at  all  times,  the  right  to  use,  without  chaise,  all 
wharves,  docks,  piers,  slips,  quays  and  other  improvements  constructed  on  said  lands 
or  any  part  thereof,  for  any  vessel  or  other  water  craft,  or  railroad,  owned  or  operated 
by  the  state  of  California.  No  discrimination  in  rates,  tolls  or  charges  or  in  facilities 
for  any  use  or  service  in  connection  therewith  shall  ever  be  made,  authorized  or  per- 
mitted by  said  city  or  its  successors  in  the  management,  conduct  or  operation  of  any  of 
the  utilities,  structures  or  appliances  mentioned  in  this  section.  There  is  hereby 
reserved  in  the  people  of  the  state  of  California  the  right  to  fish  in  the  waters  on  which 
said  lands  may  front  with  the  right  of  convenient  access  to  said  waters  over  said  lands 
for  said  purpose. 

Must  issue  $100,000  bonds  within  five  years.    Lands  may  revert  to  state. 

§  2.  The  foregoing  conveyance  is  made  upon  the  condition  that  the  city  of  Bur- 
lingame shall,  within  five  years  from  the  time  this  act  shall  go  into  effect,  exclusive  of 
such  time,  as  said  city  may  be  restrained  from  so  doing  by  injunction,  issued  out  of 
anv  court  of  this  state  or  of  the  United  States,  and  exclusive  of  such  further  delay  as 
may  be  caused  by  unavoidable  misfortune  or  great  public  or  municipal  calamity,  issue 


i 


295  BURNT  OR  DESTROYED  RECORDS  OR  DOCLxMEATS.  Act  580,  §§  1.  2 

its  bonds  for  harbor  improvement  purposes  in  an  amount  of  money  of  not  less  than  one 
hundred  thousand  dollars,  and  shall,  within  five  years  after  this  act  shall  go  into  effect, 
exclusive  of  the  time  in  this  section  hereinbefore  mentioned,  commence  the  work  of  such 
harbor  improvement,  and  the  said  work  and  improvement  shall  be  presecuted  with  such 
diligence  that  not  less  than  one  hundred  thousand  dollars  shall  be  expended  thereon 
within  five  years  from  the  time  this  act  shall  go  into  effect,  exclusive  of  the  time  in 
this  section  hereinbefore  mentioned.  If  said  bonds  be  not  issued  or  said  work  be  not 
prosecuted  and  completed  as  and  in  the  manner  herein  provided,  then,  the  lands  by 
this  act  conveyed,  to  the  city  of  Burlingame,  shall  revert  to  the  state  of  California. 

CHAPTER  37. 

BURNT  OR  DESTROYED  RECORDS  OR  DOCUMENTS. 

References:  Abstract  of  title,  admission  in  evidence  when  records  are  burnt  or  de- 
stroyed, see  Kerr's  Cyc.  Code  Civil  Procedure,  §  1855a. 

Articles  of  incorporation,  burnt  or  destroyed,  see  Kerr's  Cyc.  Civil  Code. 

Corporate  bonds,  burnt  or  destroyed,  see  Kerr's  Cyc.  Civil  Code,  §  329. 

Corporate  records,  stock  certificates,  etc.,  see  Kerr's  Cyc.  Civil  Code,  §  365. 

"McEnerny  Act"  and  supplement,  see  post  Acts  5192,  5193. 

Nunc  pro  tunc  filing  of  papers,  where  burnt  or  destroyed,  see  Kerr's  Cyc.  Code  Civil 
Procedure,  §  1046a. 

Plant  of  title  abstract  company,  condemnation  of,  to  replace  burnt  or  destroyed 
public  records,  see  Kerr's  Cyc.  Code  Civil  Procedure,  §  1238,  subd.  15. 

Private  writings,  burnt  or  destroyed,  reissue  of,  see  Kerr's  Cyc.  Civil  Code,  §  3415. 

Proof  of  contents  of  burnt  or  destroyed  records,  see  Kerr's  Cyc.  Code  Civil  Proce 
dure,  §  1855a. 

CONTENTS  OF  CHAPTER. 

ACT  580.  "Burnt  Eecord  Act." 

581.  New  Trial  Act. 

583.  Eegisters    of    State    Boards,    Reproduction    Of. 

584.  Assessment  Rolls,  Restoration  Of. 

585.  Municipal  Securities,  Duplication  Of. 

586.  Public  Certificates,  Duplication  Op. 

587.  Public  Documents,  Copying. 

"BURNT  RECORD  ACT." 
ACT  580 — An  act  relating  to  the  restoration  of  court  records  which  have  heen  lost, 
injured  or  destroyed  by  conflagration  or  other  public  calamity. 

History:    Approved  June  16,  1906,  Stats.  1906  (ex.  sess.),  p.  73. 

Court  records,  restoration  of  those  lost  or  destroyed  by  conflagration. 

^3.  Whenever  in  anj'  action  or  special  proceedings,  civil  or  criminal,  in  any  court 
of  this  state,  any  judgment,  decree,  order,  document,  record,  paper,  process,  or  file, 
or  any  part  thereof,  shall  have  been  or  shall  hereafter  be  lost,  injured  or  destroyed 
by  reason  of  conilagration  or  other  public  calamity,  any  party  or  person  interested 
therein  may,  on  application  by  a  duly  verified  petition  in  writing  to  such  court,  and 
on  showing  to  the  satisfaction  of  such  court  that  the  same  has  been  lost,  injured  or 
destroyed  by  conflagration  or  other  public  calamity,  without  fault  or  neglect  of  the 
party  or  person  making  such  application,  obtain  an  order  from  such  court  upon  notice 
given  as  provided  in  section  ten  hundred  and  ten  to  ten  hundred  and  seventeen  inclusive 
of  the  Code  of  Civil  Procedure,  authorizing  such  defect  to  be  supplied  by  a  duly  certi- 
fied copy  of  such  original,  where  the  same  can  be  obtained,  which  certified  copy  shall 
thereafter  have  the  same  effect  in  all  respects  as  such  original  would  have  had. 

Same. 

§  2.  Whenever  in  any  action  or  sjiecial  proceeding,  civil  or  criminal,  in  any  court 
of  this  state  any  judgment,  decree,  order,   document,  record,  paper,  process  or   file. 


Aft  5S0,  88   3,  4  GENERAL   LAWS.  -»6 

or  any  part  thereof,  shall  have  been  or  shall  hereafter  be  lost,  injured  or  destroj'ed  by 
reason  of  conflagration  or  other  public  calamity,  and  such  defect  can  not  be  supplied 
as  provided  in  the  last  section,  any  party  or  person  interested  therein  may  make 
written  application  to  the  court  in  which  the  same  belongs,  verilied  by  affidavit  or 
affidavits,  showing  such  loss,  injury  or  destruction,  and  that  certified  copies  thereof 
can  not  be  obtained  by  the  party  or  persons  making  such  application,  and  that  such 
loss,  injury  or  destruction  occuri'cd  by  conflagration,  or  other  calamity,  without  the 
fault  or  neglect  of  the  party  making  such  application,  and  that  such  loss,-  injury  or 
destruction,  unless  supplied  or  remedied  will  or  may  result  in  damage  to  the  party 
or  person  making  such  application,  and  thereupon  such  court  shall  cause  notice  of 
such  application  to  be  given,  as  provided  in  section  ten  hundred  and  ten  to  ten  hun- 
dred and  seventeen  inclusive  of  the  Code  of  Civil  Procedure.  If,  upon  such  hearing 
the  court  shall  be  satisfied  that  the  statements  contained  in  such  written  application 
are  true,  the  court  shall  make  an  order  reciting  what  was  the  substance  and  effect  of 
such  lost,  injured  or  destroyed  judgment,  decree,  order,  document,  record,  paper, 
process  or  file,  which  order  shall  have  the  same  effect  that  such  original  would  have 
had  if  the  same  had  not  been  lost,  injured  or  destroyed,  so  far  as  concerns  the  party 
or  persons  making  such  application,  and  the  persons  who  shall  have  been  notified,  as 
provided  for  in  this  section.  The  judgment,  decree,  order,  document,  record,  paper, 
process,  or  file  in  all  cases  where  the  proceeding  is  in  rem,  including  probate,  guard- 
ianship and  insolvency  proceedings,  may  be  supplied  in  like  manner  upon  like  notice 
to  all  persons  who  have  appeared  therein,  and  notice  by  publication  or  postings  to  all 
persons  who  have  not  appeared  for  not  less  than  ten  days,  as  the  court  may  order, 
and  the  same  when  restored  shall  have  the  same  effect  upon  all  persons  who  have 
been  personally  served  with  notice  of  such  application  as  the  original,  and  as  to  all 
other  persons  the  same  shall  be  prima  facie  evidence  of  the  contents  of  such  original. 

Appeal. 

§  3.  If  an  appeal  shall  have  been  taken  in  any  action  or  special  proceeding  in 
any  superior  court  in  which  the  record  shall  have  been  subsequently  lost  or  destroyed 
by  conflagration  or  other  public  calamity,  to  a  district  court  of  appeal  or  to  the 
supreme  court,  and  a  transcript  of  such  record  has  been  filed  in  such  district  court  of 
appeal  or  in  the  supreme  court,  any  party  or  person  interested  in  the  action  or  special 
proceeding  may  obtain  a  certified  copy  of  such  transcript,  or  of  any  portion  thereof, 
from  the  clerk  of  the  district  court  of  appeal,  attested  by  the  presiding  judge  thereof, 
or  from  the  clerk  of  the  supreme  court,  attested  by  the  chief  justice,  and  may  file 
such  certified  and  attested  copy  of  such  transcript  or  of  any  part  or  portion  thereof  in 
the  office  of  the  clerk  of  the  superior  court  from  which  such  appeal  was  taken.  There- 
upon such  certified  and  attested  copy  of  such  transcript  or  of  any  part  or  portion 
thereof  may  be  made  the  basis  of  any  further  proceedings  or  processes  in  such  superior 
court  in  such  action  or  special  proceeding  to  all  intents  and  purposes  as  if  the  original 
record  so  copied,  certified  and  attested,  or  the  part  or  portion  thereof  so  copied,  certified 
and  attested,  were  on  file. 

§  4.     This  act  shall  take  effect  immediately. 

1.  Constitutionality "Burnt   record   act"  tire    Judgment    roll,    but    It    Is    sufficient    to 

not    special     legislation. — People    v.    Fallon,  prove  the  contents  of  the  Judgment  of  fore- 

154  Cal.  743,   99   Pac.   202.  closure    and    of    the    deficiency    judgment. — 

2.  Deficiency  judgment  —  Restoration  of  Hlbernia,  etc.,  Soc.  V.  Boyd,  155  Cal.  193, 
juasment    roll    unnecessary. — In    an    action  100  Pac.   239. 

on   a   deficiency   judgment,    where    the   Judg-  3.     Dismissal      of      action — Discretion      of 

ment    roll    in    the    foreclosure    suit    was    de-  court. — The    trial    court    has    jurisdiction    to 

stroyed  in  the  conflagration  of  1906,  and  the  dismiss  an  action  the  records  in  which  have 

jurisdiction   of  the  court  in   that  suit  is  ad-  been    burnt   or   destroyed,    and    it    is    not   an 

mitted,  it  is   unnecessary  to  restore  the  en-  abuse    of    discretion    so    to    do,    where    there 


297 


BURNT  OR  DESTROVED  RECORDS  OR  DOCUMENTS. 


Act  581,  §  1 


has  been  a  delay  of  two  years  in  having 
such  records  restored. — Bell  v.  Solomons, 
162  Cal.  105,  121  Pac.  377. 

4.  Dismissal  of  action  for  unreasonable 
delay  in  restoring  records — Discretion  of 
court. — Held  that  there  was  no  abuse  of 
discreti6n  in  dismissing  tlie  action  for  the 
unreasonable  delay  shown  under  the  cir- 
cumstances of  the  present  case. — Gray  v. 
Times-Mirror,  11  Cal.  App.  155,  104  Pac.  481. 

5.  Dismissal  of  appeal— Inexcusable  de- 
lay In  restoring  record. — An  appeal  will  be 
dismissed  where  appellant's  attorneys  were 
g'uilty  of  inexcusable  lack  of  diligence  in 
initiating  and  prosecuting  proceedings  to 
restore  records,  resulting  upwards  of  two 
years  delay  in  filing  transcript. — Estate  of 
Heywood,    154   Cal.   312,    97   Pac.    825. 

6.  Duty  of  restoration. — It  was  the  duty 
of  appellant  to  initiate  proceedings  under 
the  restoration  act  to  restore  tlie  record  of 
the  orders  appealed  from,  and  not  the  re- 
spondent.— Estate  of  Heywood,  154  Cal.  312, 
97  Pac.  825. 

7.  Impossibility  of  restoration — Bill  of  ex- 
ceptions.— Under  the  restoration  act  of  1906 
a  judgment  creditor  may  maintain  an  action 
to  restore  the  judgment  roll  where  the  en- 
tire record  was  destroyed  in  the  conflagra- 
tion of  April,  1906,  notwithstanding  that  at 
the  time  of  such  destruction  a  motion  for  a 
new  trial  and  the  settlement  of  a  bill  of 
exceptions  Avere  pending,  and  it  is  impos- 
sible to  restore  the  contents  of  such  bill  of 
exceptions. — Poerst  v.  Kelso,  163  Cal.  436, 
439,   125   Pac.    1054. 

8.  Judgment  roll,  effect  of,  not  involved. 
— On  an  application  for  the  restoration  of 
the  judgment  roll,  no  question  as  to  the 
effect  of  sucli  judgment  roll  when  restored, 
are  involved  in  the  application  for  such 
restoration,  or  on  an  appeal  from  an  order 
therefor. — Foerst  v.  Kelso,  163  Cal.  436,  439, 
125    Pac.    1054. 

9.  .lurisdiction  of  court — Abuse  of  dis- 
cretion.— Under  the  circumstances  of  this 
case,  and  in  view  of  the  fact  that  the  court 
had  the  power  of  its  own  motion  to  restore 
its  own  records,  upon  no  reasonable  theory 
can  it  be  said  that  the  court  abused  its 
discretion  in  restoring  the  record. — In  re 
Jones,    17   Cal.   App.   327.    119   Pac.    670. 


10.  Jurisdiction  to  order  restoration  of 
record  of  criminal  appeal. — After  transfer 
by  the  supreme  court  to  the  district  court 
of  appeals,  the  latter  has  complete  jurisdic- 
tion of  a  criminal  appeal  to  make  orders 
under  the  restoration  act  relating  to  the 
restoration  of  court  records  therein. — Peo- 
ple V.  Garnett,   9  Cal.   App.   194,   98   Pac.   247. 

11.  Oral  proof  of  destruction — Rule  of 
evidence. — The  restoration  does  not  provide 
an  exclusive  remedy,  or  forbid  all  other 
proof  of  lost  judicial  records,  or  abrogate 
the  rule  of  evidence  admitting  oral  proof 
of  their  contents. — Hibernia,  etc.,  Soc.  v. 
Boyd,   155  Cal.  193,  100  Pac.  239. 

12.  Purpose  of  act  is  to  provide  conclu- 
sive evidence  of  the  contents  of  the  record, 
and  dispense  with  the  necessity  of  sec- 
ondary evidence. — In  re  Jones,  17  Cal.  App. 
327,   119   Pac.    670. 

13.  Same — Other  issues. — The  ends  of  jus- 
tice would  not  be  promoted  by  complicating 
the  restoration  contemplated  by  the  act 
with  other  issues. — In  re  Jones,  17  Cal.  App. 
327,   119   Pac.    670. 

14.  Printed  copy  for  original  transcript 
— Jurisdiction  to  order  substitution. — The 
district  court  of  is  empowered  to  order  the 
substitution  of  a  printed  copy  for  the  orig- 
inal transcript  on  appeal  in  a  criminal  case. 
— People  V.  Garnett,  9  Cal.  App.  194,  98  Pac. 
247. 

15.  Right  to  remedy — Apparent  interest. 
— A  divorced  wife  who  has  an  apparent  in- 
terest under  the  will  of  her  deceased  former 
husband  is  entitled  to  have  a  restoration 
of  the  decree  of  distribution  under  such 
will,  without  regard  to  the  question  as  to 
whether,  by  remarriage  or  otherwise,  prior 
to  the  death  of  the  deceased  she  forfeited 
such  interest. — In  re  Jones,  17  Cal.  App.  327? 
119  Pac.   670. 

Copying  public  documents. — See,  post,  Ac^ 
587. 

Duplicate  municipal  securities. — See,  post. 
Act    585. 

Duplicate  public  certificates. — See,  post. 
Act  586. 

New  trial  act. — See,  post.  Act  581. 

Reproduction  of  records  of  state  boards. 
— See,   post,   Act  583. 

Restoration  of  assessment  rolls. — See,  post. 
Act   584. 


NEW  TRIAL  ACT. 
ACT  581 — An  act  providing  for  the  disposition  of  actions  and  proceedings  in  which 
bills  of  exceptions  and  statements  on  motion  for  a  new  trial  have  been  lost  or 
destroyed  by  conflagration  or  other  public  calamity. 

History:    Approved  March  23,  1907,  Stats.  1907,  p.  998. 

New  trial  may  be  had  if  bill  of  exceptions  lost. 

$  1.  When  any  proposed  bill  of  exceptions,  or  statement  of  the  case  on  motion  for 
a  new  trial,  in  action  or  proceedings,  is  lost  or  destroyed  by  reason  of  conflagration 
or  other  public  calamity,  and  no  other  record  of  the  proceedings  upon  the  trial  thereof 
can  be  obtained,  and  such  action  or  proceeding  is  subject  to  review  by  motion  for  new 
trial,  pending;  at  the  time  of  such  loss  or  destruction,  and  it  is  by  the  court  in  which 
such  action  or  proceeding  is  pending  deemed  impossible  or  impracticable  to  restore 


Act  581,  §§  2.  3 


GENERAL   LAWS. 


298 


such  proceedings  (and  to  settle  a  bill  of  exceptions  or  statement  of  the  case  containing 
such  proceedings)  so  as  to  enable  the  court  to  review  the  judgment  or  order  therein 
by  motion  for  new  trial,  the  court  may  grant  a  new  trial  of  such  action  or  proceeding 
if  at  the  time  of  such  loss  or  destruction  a  motion  for  new  trial  be  pending  therein, 
and  such  action  or  proceeding  shall  thereupon  be  tried  anew.  In  order  to  gr^nt  such 
new  trial,  it  shall  be  unnecessary  to  have  any  bill  of  exceptions  or  statement  of  the 
oese  settled,  but  upon  the  facts  above  recited  being  shown  to  the  satisfaction  of  the 
court  by  affidavit  or  otherwise,  the  court  shall  have  power  in  its  discretion  to  grant 
such  new  trial. 

Extension  of  time  pending  hearing  of  motion. 

$  2.  Pending  the  hearing  of  a  motion  under  the  preceding  section  to  grant  such 
new  trial,  the  time  within  which  a  bill  of  exceptions  might  be  prepared,  served  or 
presented  for  settlement,  shall  be  extended,  and  shall  not  commence  to  run  until  the 
decision  upon  such  motion.  (The  motion  provided  for  by  this  act  must  be  made  within 
thirty  days  after  the  loss  or  destruction  of  such  records;  provided,  that  in  any  case 
now  pending  such  motion  may  be  made  at  any  time  within  sixty  days  after  the  passage 
of  this  act.) 

$  3.     This  act  shall  take  effect  immediately. 


1.  Constitutionality — Subject  matter  ex- 
pressed   in    title — More    tliau    one    subject. — 

The  statute  is  not  unconstitutional  as  in  vio- 
lation of  section  24,  article  IV  of  the  con- 
stitution, on  the  ground  that  the  subject  is 
not  expressed  in  the  title  and  that  more 
than  one  subject  is  embraced  in  the  title. — 
Bassford  &  Earl,  172  Cal.  653,  659,  158  Pac. 
124. 

2.  Same Not      special      legislation The 

statute  does  not  contravene  section  25,  ar- 
ticle IV,  of  the  constitution,  prohibiting 
special  legislation. — Bassford  v.  Earl,  172 
Cal.  653,   660,  158  Pac.  124. 

3.  Same — Impairment  of  obligation  of 
contracts. — The  statute  merely  changes  a 
remedy  applicable  to  a  special  proceeding, 
and  does  not  impair  the  obligation  of  a 
contract. — Bassford  v.  Earl,  172  Cal.  653, 
661,   158   Pac.    124. 

4.  Application  of  act — Appellate  court. — 
The  act  applies  to  the  trial  court  in  which 
the  action  is  pending,  and  not  to  the  ap- 
pellate court  where  an  appeal  from  a  new 
trial  order  is  pending. — People  v.  Napoli,  7 
Cal.  App.   79,  93  Pac.  500. 

5.  Construction  of  act — Remedial. — Act  is 
remedial,  and  was  intended  to  have  a  retro- 
active operation,  and  not  to  be  limited  to 
conditions  arising  after  its  passage. — Bass- 
ford V.  Earl,   172  Cal.   653,   656,   158  Pac.   124. 

6.  Same — No  bill  of  exceptions  required — 
Affidavits. — The  act  does  not  require  a  bill 
of  exceptions,  but  the  court  may  hear  the 
motion  on  "affidavits  or  otherwise." — Fisher 
V.  Western  Fuse,  etc.,  Co.,  12  Cal.  App.  299, 
107   Pac.   332. 

7.  Condition  of  relief — Restoration  Im- 
possible or  impractical. — The  condition 
which  must  exist  to  authorize  the  relief 
provided  by  the  act  exists  when  the  court, 
at  the  time  the  application  is  made,  deems 


it  impossible  or  Impractical  to  restore  the 
proceedings. — Bassford  v.  Earl,  172  Cal.  653, 
657,   158   Pac.   124. 

8.  Neg-ligent  delay — Failure  to  obtain 
record, — The  statute  contemplates  diligence 
and  if,  by  the  moving  party's  neglect  a 
means  of  obtaining  another  transcript  is 
lost,  by  death  or  otherwise,  when,  by  due 
diligence  he  might  have  caused  the  restora- 
tion of  the  record,  he  should  not  be  per- 
mitted to  contend,  at  the  hearing  for  the 
new  trial  provided  in  proper  cases  by  the 
statute  that  no  other  record  can  be  ob- 
tained, for  in  such  case  his  inability  to 
obtain  a  bill  of  exceptions  would  be  the 
result  of  his  neglect  and  not  of  the  con- 
flagration and  the  destruction  of  the  orig- 
inal.—Bassford  V.  Earl,  172  Cal.  653,  657, 
158  Pac.   124. 

9.  Power  of  court  discretionary. — Where 
the  official  reporter  furnished  the  moving 
party  with  a  full  copy  of  the  proceedings 
required  to  prepare  a  new  bill  of  exceptions, 
in  place  of  a  destroyed  proposed  bill  of 
exceptions,  the  granting  of  a  new  trial  un- 
der the  act  would  not  have  been  in  plain 
violation  of  the  statute,  and  it  was  not  an 
abuse  of  discretion  to  continue  the  motion 
for  the  preparation  of  a  new  bill. — Fisher 
V.  Western  Fuse,  etc.,  Co.,  12  Cal.  App.  299, 
107   Pac.   332. 

Burnt  record  act. — See,   ante.   Act   580. 

Copying  public  documents. — See,  post,  Act 
587. 

Duplicate  municipal  securities. — See,  post. 
Act  585. 

Duplicate  public  certificates. — See,  post, 
Act   586. 

Reproduction  of  records  of  state  boards. 
— See,  post.  Act  583. 

Restoration  of  assessment  rolls. — See. 
post,  Act  684. 


299  BURNT  OR  DESTROYED  RECORDS  OR  DOCUMENTS.  Acts  583,  584,  §§  1,  3 

REPRODUCTION  OF  REGISTERS  OF  STATE  BOARDS. 
ACT  583 — An  act  to  provide  for  the  reproduction  of  the  register  of  the  board  of  medical 
examiners,  the  board  of  dental  examiners,  or  the  board  of  pharmacy,  where  the  same 
has  been  destroyed  by  conflagration  or  other  public  calamity. 

History:    Approved  June  16,  1906,  Stats.  1906  (ex.  sess.),  p.  82. 

State  medical  examiners,  powers  of. 

$  1.  Whenever  the  register  or  book  of  registration  of  the  board  of  medical  examiners 
of  the  state  of  California,  the  board  of  dental  examiners  of  California,  or  the  board  of 
pharmacy,  has  been  or  may  hereafter  be  destroyed  by  fire  or  other  public  calamity,  the 
board  whose  duty  it  is  to  keep  such  register  or  book  is  hereby  authorized  to  reproduce 
such  register  or  book  so  that  the  same  may  show  as  nearly  as  possible  the  record  existing 
in  the  original  register  or  book  at  the  time  of  such  destruction. 

Beproduction  of  lost  records. 

$  2.  For  the  reproduction  of  the  destroyed  register  or  book  the  board  shall  make 
use  of  such  existing  official  printed  registers,  books,  or  matter,  certificates,  affidavits 
to  be  presented,  or  other  official  information  as  may  be  available  and  which  may  appear 
to  said  board  to  be  authentic,  and  upon  the  completion  of  the  said  reproduction  said 
board  shall  by  resolution  adopt  such  reproduced  register  or  book  as  the  register  or  book 
of  said  board,  and  thereafter  the  same  shall  be  taken  and  used  to  all  intents  and  pur- 
poses as  well  for  evidence  as  otherwise  as  if  the  same  were  the  original  register  or  book. 

$  3.    This  act  shall  take  effect  immediately. 

Burnt  record  act. — See,  ante,  Act  580.  Dnpllcate     public    certificates. — See,     post, 

Copying  public  documents. — See,  post,  Act  Act  586. 

587.  New   trial    act. — See,    ante.    Act    581. 

Duplicate  municipal  securities. — See,   post,  Restoration       of      assessment       roil. — See, 

Act  585.  post.   Act  584. 

RESTORATION  OF  ASSESSMENT  ROLL. 
ACT  584 — An  act  enabling  the  restoration  of  an  assessment  roll  when  the  same  has 
been  destroyed. 

History:    Approved  June  16,  1906,  Stats.  1906  (ex.  sess.),  p.  83. 

Lost  assessment  roll,  restoration  of.    Proviso. 

$  1.  Wherever,  through  loss  by  fire,  or  other  public  calamity,  the  assessment  roll 
of  a  city,  city  and  county,  county  or  other  political  subdivision  of  the  state  in  course 
of  preparation  by  the  assessor  of  any  city,  city  and  county,  county  or  other  ]iolitieal 
subdivision  of  the  state,  shall  have  been  or  shall  be  destroyed  and  such  burnt  or 
destroyed  record  shall  have  been  reconstructed  from  such  data  as  is  available,  it  shall  be 
lawful  for  the  assessor  at  any  time  prior  to  the  sale  for  delinquent  taxes  after  such 
assessment  is  compiled,  to  correct  any  assessment  erroneously  made;  provided,  however, 
that  any  correction  so  made  shall  at  once  be  certified  to  in  writing  by  the  assessor, 
to  the  tax  collector,  the  auditor  and  the  state  controller,  and  provided,  further,  that 
the  assessor  shall  enter  opposite  said  assessment  on  the  assessment  roll,  the  date  and 
nature  of  said  correction.  Such  change  shall  be  recognized  by  anj'  city,  city  and  county, 
county  or  state  official  whose  duty  it  is  to  make  or  exact  a  financial  statement  based 
on  said  assessment  roll,  and  in  making  such  settlement  any  alterations  resulting  from 
such  changes  shall  be  recognized  by  such  officials. 

$  2.     This  act  shall  take  effect  immediately. 

Burnt  record  act. — See,  ante,  Act   580.  Duplicate     public    certificates. — See,     post. 

Copying  public  documents. — See,  post.  Act  Act   586. 

687.  New  trial  act. — See.  ante.  Act   .">?!. 

Duplicate  municipal  securities. — See,   post,  Reproduction    of   ret^iMter   of  state    boards. 

Act   585.  — See,   ante,   Act   583. 


Act  5S5,  §§  1-4  GBNERAL  LAW^S.  300 

DUPLICATE  MUNICIPAL  SECURITIES. 
ACT  585 — An  act  to  provide  for  the  issuance  of  duplicates  of  bonds,  warrants  and 
other  municipal  securities  which  have  hecome  defaced  or  mutilated. 

History:    Approved  February  23,  1907,  Stats.  1907,  p.  53. 

Mutilated  municipal  bonds,  duplicates  may  be  issued. 

^  1.  Whenever  it  shall  be  made  to  appear  to  the  legislative  body  of  any  count)', 
city  and  county,  city,  town,  irrigation  district,  school  district  or  other  municipal  corpo- 
ration, by  clear  and  equivocal  proof,  that  any  bond,  warrant,  or  other  evidence  of 
indebtedness  of  said  county,  city  and  county,  city,  town,  irrigation  district,  school 
district,  or  other  municipal  corporation  has,  without  bad  faith  upon  the  part  of  the 
owner,  been  so  mutilated  or  defaced  as  to  impair  its  value  to  the  owner,  and  such 
instrument  is  capable  of  being  identified  by  number  and  description,  such  legislative 
body  shall,  under  such  regulations  and  with  such  restrictions  as  to  time  and  retention 
for  security  or  otherwise,  as  it  may  prescribe,  and  upon  the  conditions  hereinafter 
provided,  issue  or  cause  to  be  issued  a  duplicate  thereof,  having  the  same  time  to  run, 
bearing  like  interest,  and  having  the  same  number  as  the  evidence  of  indebtedness  so 
proved  to  have  been  mutilated  or  defaced. 

Procedure  to  procure  duplicates. 

$  2.  The  owner  of  such  bonds  or  other  evidences  of  indebtedness  desiring  to  have 
issued  duplicates  for  the  same  shall  make  a  written  application  therefor  to  the  legis- 
lative body  of  such  municiiDal  corporation,  setting  forth  the  facts  provided  by  section 
1,  and  shall  accompany  such  request  with  a  deposit  of  such  sum  of  money  as  shall  be 
deemed  sufiBcient  by  such  legislative  body  to  cover  the  cost  of  printing  or  lithographing, 
or  otherwise  preparing  such  duplicate,  and  all  other  expenses  connected  with  the 
issuance  thereof,  and  if  required  by  such  legislative  body,  shall  also  file  therewith  a 
bond  in  such  sum  as  may  be  required,  with  good  and  sufficient  sureties,  to  be  approved 
by  such  legislative  body,  with  condition  to  indemnify  and  save  harmless  such  municipal 
corporation  from  any  claim  upon  such  mutilated  or  defaced  security. 

Duty  of  municipal  legislature.    Cancellation  of  original  decision. 

§  3.  The  legislative  body  of  such  municipal  corporation  shall  thereupon  pass  a 
resolution,  setting  forth  the  fact  of  said  application  and  the  compliance  with  the  condi- 
tions herein  prescribed,  and  with  such  further  conditions  as  shall  have  been  required 
by  said  legislative  body  in  accordance  herewith,  and  directing  the  officer  or  officers 
who  had  charge,  in  the  first  instance,  of  causing  to  be  printed,  lithographed,  or  other- 
wise prepared  the  original  bond,  warrant,  or  other  evidence  of  indebtedness,  to  cause 
to  be  issued  a  duplicate  thereof,  as  herein  provided.  Such  duplicate  bond,  warrant,  or 
other  evidence  of  indebtedness  shall  be  signed  by  the  same  officers,  and  issued  in  all 
respects  as  nearly  as  possible  as  the  original  instrument,  and  when  so  prepared  and 
issued  shall  be  delivered  in  exchange  for  the  original  bond,  warrant,  or  other  evidence  of 
indebtedness;  provided,  that  no  exchange  shall  be  made  unless  such  defaced  or  mutilated 
bond,  together  with  any  coupons  thereon  for  which  duplicates  shall  be  issued  in  accord- 
ance with  this  act,  shall  be  capable  of  identification,  and  shall  first  be  surrendered  by 
the  owner  thereof.  When  surrendered,  the  legislative  body  of  such  municipal  corpora- 
tion shall  cause  proper  record  to  be  made  of  the  cancellation  of  such  original  security, 
and  thereafter  the  duplicate  issued  in  accordance  with  the  provisions  of  this  act,  shall 
have  all  the  force,  effect  and  validity  of  the  original  evidence  of  indebtedness. 

§  4.     This  act  shall  take  effect  immediately. 

Burnt    record    act. — See,    ante,    Act    580.  New   trial   act. — See,   ante.   Act   5S1. 

Copying  public  documents. — See,   post.   Act  Reproduction  of  rcgistera  of  state   boards. 

5g7_  — See,   ante.    Act   5S3. 

Duplicate     public     certificates. — See,     post,  Restoration  of  assessment   roll. — See,  ante, 

Act    5S6.  Act   584. 


301  BURNT  OR  DESTROYED  RECORDS  OR  DOCUMENTS.  Acts  oSC,  5S7,  §§  1-3 

DUPLICATE  PUBLIC  CERTIFICATES. 
ACT  586 — An  act  providing  for  the  issuance  of  duplicate  certificates,  where  certificates 
issued  under  authority  of  law  have  been  lost  or  destroyed  by  conflagration  or  other 
public  calamity. 

History:    Approved  June  16,  1906,  Stats.  1906  (ex.  sess.),  p.  71. 

Certificates  issued  by  public  officer,  duplicate  to  those  lost. 

§  1.  Whenever  any  public  board  or  officer  is  authorized  by  law  to  issue  any  certifi- 
cate of  any  kind,  and  the  records  in  the  office  of  such  board  or  officer  show  the  issuance 
of  such  certificate,  and  it  is  made  to  appear  by  affidavit  that  such  certificate  has  been 
lost  or  destroyed  by  conflagration  or  other  public  calamity,  such  board  or  officer  may 
issue  a  duplicate  of  such  certificate,  which  shall  recite  the  issuance  and  loss  or  destruc- 
tion of  such  original  certificate,  and  shall  have  the  same  force  and  effect  as  such  original 
certificate;  provided,  that  this  act  shall  not  apply  to  certificates  of  acknowledgments. 

$  2.     This  act  shall  take  effect  immediately. 

Rnrnt   record   act. — See,    ante.   Act   580.  New  trial  act. — See,  ante.  Act  581. 

Copying  public  documents. — See,  post.   Act  Reproduction   of   register   of   state    boardc 

587.  — See,   ante.   Act   583. 

Duplicate  municipal  securities.-^See,    ante,  Restoration  of  assessment  roll. — See,  antv 

Act  585.  Act   584. 

COPYING  PUBLIC  DOCUMENTS. 
ACT  587 — An  act  to  provide  for  the  copying  of  books,  documents,  maps  or  recordj 
required  by  law  to  be  kept  or  preserved  by  city,  county,  or  city  and  county  officers^ 
which  have  been  damaged  by  conflagration  or  other  public  calamity. 

History:    Approved  June  16,  1906,  Stats.  1906  (ex.  sess.),  p.  72. 

Damaged  records,  books,  maps,  etc.,  copied,  transcribed  and  bound  by  order  of  superx 
visors. 

§  1.  Whenever  any  book,  document,  map  or  record  required  by  law  to  be  kept  or 
preserved  by  any  city,  county,  or  city  and  county  officer  has  been  or  may  hereafter 
be  damaged  by  conflagration  or  other  public  calamity,  it  shall  be  lawful  for  the  board 
of  supervisors,  or  board  of  trustees,  of  the  city,  county,  or  city  and  county  in  which 
the  same  is  required  to  be  kept  or  preserved,  to  cause  such  book,  document,  map  or 
record  to  be  copied  and  transcribed  into  a  new  and  well  bound  book. 

Compared  with  original  and  affidavits  attached.    Authenticated  by  officer  having  cus- 
tody thereof. 

§  2.  Said  book,  document,  map,  or  record,  when  so  copied  or  transcribed,  shall  be 
carefully  compared  with  the  original  thereof,  and  when  the  same  shall  have  been  so 
copied  and  compared  with  the  original  thereof,  the  persons  who  have  done  such  com- 
paring shall  each  make  an  affidavit  which  shall  be  incorporated  into  the  book,  document, 
map  or  record  as  copied,  that  said  book,  document,  map  or  record  and  each  and  every 
part  thereof  is  a  true  copy  of  the  original  book,  document,  map  or  record,  and  each  and 
every  part  thereof;  that  the  matter  of  record  which  appears  on  every  page  of  the 
original  appears  also  upon  the  same  page  of  the  copy;  and  that  no  matter  of  record 
appears  upon  any  page  of  the  copy  which  is  not  to  be  found  upon  the  same  page  of  the 
original.  Said  book,  document,  map  or  record  shall  also  be  authenticated  under  the 
hand  of  the  officer  having  the  custody  thereof,  to  the  effect  that  the  same  is  a  true  copy 
of  the  original  book,  document,  map  or  record  so  damaged. 

Prima  facie  evidence. 

§  3.  Any  such  new  book,  document,  map  or  record  copied  and  authenticated  as  above 
provided,  shall  be  prima  facie  evidence  of  the  contents  of  the  original  book,  document, 


Acts  593.59r 


GE^NERAL.   LAWS. 


302 


map  or  record;  and  it  shall  bear  the  same  name  and  designation  as  the  original  thereof, 
and  certified  copies  of  any  instrument  so  copied  into  it  shall  have  the  same  force  and 
effect  as  certified  copies  of  the  original  made  from  the  original  book. 

Expenses,  how  met. 

$  4.  The  board  of  supervisors  or  board  of  trustees  of  such  city,  county,  or  city  and 
county,  may  make  such  provision  for  the  payment  for  copying  and  transcribing  the 
books,  documents,  maps  and  records  under  this  act,  out  of  the  city,  county,  or  city  and 
county  treasury,  as  to  them  may  seem  reasonable,  not  exceeding  the  amount  now 
authorized  to  be  received  for  copying  and  recording  the  originals  thereof,  and  the 
same  shall  be  a  charge  against  the  city,  county,  or  city  and  county. 

$  5.     This  act  shall  take  effect  immediately. 


Bnrnt  record  act. — See,  ante.  Act  580. 

Duplicate  municipal  securities. — See,  ante. 
Act   585. 

Duplicate  pabllo  certificates. — See,  ante. 
Act  586. 


New  trial  act. — See,  ante.  Act  581. 

Reproduction  of  regrister  of  .state  boards. 
— See,  ante,  Act  583. 

Restoration  of  assessment  rolls. — See, 
ante.  Act  584. 


CHAPTER  38. 
BUTTE  COUNTY. 

CONTENTS  OF  CHAPTER. 

ACT  593.    "No  Fence  Law," 

596.  Lawful  Fence  Act. 

597.  Hunting  in  Private  Grounds. 

602.  Transcribing   Records,   and   Leqalizino 

603.  Certified  Copies  of  Eecords. 
613.    Charter  of  Butte  County. 


Same. 


"NO  FENCE  LAW." 
ACT  593— An  act  to  protect  agriculture  in  the  county  of  Butte. 

History:    Approved  March  10,  1874,  Stats.  1873-74,  p.  310.    Amended 


March  16,  1876,  Stats.  1875-76,  p.  314. 


Necessity  of  fencing — Construction  of  act. 

— This  act  does  not  compel  an  owner  to 
fence  his  land  against  the  stock  of  another, 
but  it  may  be  a  necessity  for  fencing  in  his 
own  cattle. — Butte  Co.  v.  Boydston,  64  Cal. 
110,   29  Pac.   511. 


This  act  provided  against  animals  tres- 
passingr  on   cultivated  land. 

See  Editor's  note  to  chapter  on  "Estrays." 

See  chapter  on  "Trespassing  Animals,"  In 
general. 

Continued  in  force  by  tlie  code. — See 
Kerr's  Cyc.  Political  Code,   $  19. 


LAWFUL  FENCE. 
ACT  596 — An  act  defining  a  lawful  and  partition  fence  in  the  counties  of  Butte  and 

History:    Approved  March  30,  1872,  Stats.  1871-72,  p.  700. 
Continued     In     force     by     the     code — See  See,    also,    Kerr's    Cyc.    Civil    Code,    S  841, 

Kerr's   Cyc.   Political   Code,   §  19.  and  notes. 

See,  post,  cliapter  on  "Fences." 

HUNTING  IN  PRIVATE  GROUNDS. 
ACT  597 — An  act  to  prohibit  the  hunting  or  shooting  of  game  within  certain  private 
grounds  in  the  county  of  Butte. 

History:    Approved  March  22,  1872,  Stats.  1871-72,  p.  477. 

This   act   made   it   a   misdemeanor   to    hunt        yards    of    a    dwelling    belonging    to    another 
or  shoot  game  in  any  enclosure    within    500        person. 


303  BUTTER.  Acts  602-618,  §§  1, 2 

TRANSCRIBING  RECORDS. 
ACT  602 — An  act  authorizing  and  empowering  the  county  clerk  of  Butte  county  to 
transcribe  certain  records,  and  to  legalize  the  same. 

History:    Approved  March  16,  1859,  Stats.  1859,  p.  119. 

CERTIFIED  COPIES  OF  RECORDS. 
ACT  603 — An  act  authorizing  and  empowering  the  county  recorder  of  Butte  county  to 
make  certified  copies  of  certain  records  and  indexes  of  records  of  said  county,  and 
fixing  the  amount  of  his  compensation  therefor. 

History:      Approved  April  2,  1858,   Stats.  1858,   p.   108. 

ACT  613 — Charter  of  Butte  county. 

History:  Voted  for  and  ratified  at  the  general  election  held  Novem- 
ber 7,  1916.  Filed  with  the  Secretary  of  State  January  27,  1917.  Stata. 
1917,  p.  1791. 

CHAPTER  39. 

BUTTER. 
References:   See  tits.  "Adulteration";  "Dairies." 

CONTENTS  OF  CHAPTER. 

ACT  617.  Marking  Packages  Less  Than  Six  and  More  Than  One-Half  Pound  in  Weight. 

618.  Renovated  Butter,  Deception  in  Sale  Of. 

620.  Short  Weight  Butter. 

621.  Imitation  Butter  and  Cheese. 
624.  Imported  Butter. 

MARKING  PACKAGES. 
ACT  617 — An  act  requiring  the  marking  of  packages  of  butter  containing  less  than  six 
pounds  and  more  than  one-half  pound  so  as  to  advise  the  purchaser  or  others  as  to 
the  weight  of  butter  contained  in  such  package. 

History:    Approved  March  20,  1905.  Stats.  1905,  p.  316.  » 

Unconstitutional:     Ex    parte    Dietrich,    149    Cal.  104,  5  L.  R.  A,  (N.  S.)  873,  84  Pac.  770. 

RENOVATED  BUTTER. 

ACT  618 — An  act  to  prevent  deception  in  the  sale  of  renovated  butter  and  to  license 

manufacturers  and  dealers  in  the  same. 

History:  Approved  March  20,  1905,  Stats.  1905,  p.  468.  This  act  re- 
pealed the  prior  act  on  same  subject,  of  February  23,  1899,  Stats.  1899, 
p.  25;  which  was  subsequently  re-enacted  as  §  383a,  Penal  Code.  See 
Kerr's  Cyc.  Penal  Code,  §  383a. 

Sale  of  renovated  butter  prohibited  unless  stamped. 

§  1.  No  person  or  persons,  firms  or  coi-porations,  by  themselves  or  their  agents  or 
employees,  shall  sell,  offer  for  sale  or  expose  for  sale  or  have  in  his  or  their  possession 
for  sale  any  renovated  butter  unless  the  same  shall  have  printed  upon  each  and  ever>' 
package,  roll,  print,  square,  or  any  container  of  such  renovated  butter  the  words 
"renovated  butter"  in  letters  not  less  than  one-half  inch  in  height,  or  who  shall  not 
have  secured  from  the  state  dairy  bureau,  now  existing  under  the  laws  of  this  state,  a 
license  as  provided  hereinafter. 

Renovated  butter  defined. 

§  2.  The  term  renovated  butter  as  used  in  this  act  is  hereby  defined  to  mean  and 
include  butter  that  has  been  reduced  to  a  liquid  state  by  melting,  and  drawing  of  such 
liquid  or  butter  oil  and  churning  or  otherwise  manipulating  it  in  connection  with  milk 
or  any  product  thereof. 


Act  618,  §§  3-7 


GENERAL,   LAWS. 


304 


License  to  manufacture  or  deal  in  renovated  butter.    License.    Wholesalers  and  retail- 
ers, who  are.    Record  of  sales. 

$  3.  Any  person  or  i^ersons,  firms  or  corporations,  desiring  to  manufacture  or  deal 
in  renovated  butter  shall  make  application  to  the  state  dairy  bureau  for  a  license  and 
upon  payment  of  a  license  fee  of  the  amount  mentioned  herein,  to  the  state  dairy 
bureau,  said  bureau  shall  issue  to  the  applicant  a  license.  All  such  licenses  shall  expire 
December  31st  of  each  year  and  may  be  issued  in  periods  of  one  year  or  six  months, 
upon  payment  of  a  proportionate  part  of  the  license  fee.  Manufacturers  of  renovated 
butter  within  this  state  shall  pay  an  annual  license  fee  of  one  thousand  dollars;  whole- 
sale dealers  shall  pay  an  annual  license  fee  of  four  hundred  dollars;  retail  dealers  shall 
l>ay  an  annual  license  fee  of  fifty  dollars;  hotels,  restaurants,  boarding  houses  and 
all  other  places  where  meals  are  served  and  payment  is  received  therefor,  either  imme- 
diately or  by  the  day,  week  or  month,  and  which  use  or  furnish  renovated  butter  in 
connection  with  said  meals,  shall  pay  an  annual  license  fee  of  ten  dollars.  The  term 
wholesale  dealers  as  used  herein  includes  all  persons,  firms  or  corporations,  who  shall 
sell  renovated  butter  in  quantities  of  ten  pounds  or  more.  The  term  retail  dealers 
includes  all  persons  who  sell  in  quantities  of  less  than  ten  pounds.  All  licenses  while  in 
force  shall  be  conspicuously  displayed  in  the  place  of  business  of  the  party  or  parties 
to  whom  they  have  been  issued.  The  state  dairy  bureau  shall  require  all  persons  hold- 
ing a  manufacturer's  or  wholesaler's  license,  as  provided  in  this  act,  to  keep  a  record 
in  a  form  separate  from  all  other  business  in  which  every  sale  of  renovated  butter  shall 
be  recorded,  giving  the  quantity  sold,  the  name  and  location  of  the  buyer  and  the  place 
to  which  it  was  shipped.  Such  record  shall  be  accessible  at  all  times  to  duly  authorized 
representatives  of  the  state  dairy  bureau. 

Disposition  of  license  fees. 

$  4.  All  license  fees  paid  to  the  state  dairy  bureau  under  this  act  shall  be  paid  by 
said  bureau  into  the  state  treasury,  the  same  to  be  added  to  the  appropriation  made 
for  the  same  fiscal  year  for  the  bureau  and  its  expenditure  shall  be  at  the  disposal  of 
said  Jjureau  for  its  use. 

Violations  of  this  act,  punishment. 

^  5.  Whoever  shall  violate  any  of  the  provisions  or  sections  of  this  act  shall  be 
deemed  guilty  of  a  misdemeanor,  and  shall,  upon  conviction  thereof,  be  punished  for 
the  first  offense  by  a  fine  of  not  less  than  twenty  dollars  nor  more  than  one  hundred 
dollars;  or  bj'  imprisonment  in  the  county  jail  for  not  less  than  ten  days  and  not 
exceeding  thirty  days;  and  for  each  subsequent  offense  by  a  fine  of  not  less  than  fifty 
dollars  nor  more  than  two  hundred  dollars,  or  by  imprisonment  in  the  county  jail  for 
not  less  than  twenty  days  nor  more  than  one  hundred  days,  or  by  both  such  fine  and 
imprisonment,  at  the  discretion  of  the  court. 

Duty  of  district  attorney.    Disposition  of  fines. 

^  6.  It  shall  be  the  duty  of  the  district  attorney  of  each  and  every  county  in  this 
state,  upon  application,  to  attend  to  the  prosecution  in  the  name  of  the  people  of  any 
action  brought  for  the  violation  of  any  of  the  provisions  of  this  act  within  his  district. 
One-half  of  all  the  fines  imposed  for  the  violation  of  any  of  the  provisions  of  this  act 
shall  be  paid  to  the  county  in  which  the  fine  is  imposed.  The  other  one-half  shall  be 
paid  to  the  state  dairy  bureau,  and  by  said  bureau  to  the  state  treasurer,  and  the  same 
shall  become  a  part  of  the  appropriation  made  by  law  for  the  use  of  said  state  dairy 
bureau. 

Repeal  of  former  and  inconsistent  acts. 

§  7.  An  act  which  became  a  law  under  constitutional  provision  without  the  gov- 
ernor's approval,  February  23,  1899,  entitled  "An  act  to  prevent  deception  in  the  sale 


305  BUTTER.  Acta  620, 621,  §§  1-2 

of  process  or  renovated  butter"  and  all  other  acts  or  parts  of  acts  inconsistent  with 
this  act  are  hereby  repealed. 

$  8.     This  act  shall  take  effect  thirty  days  after  its  passage. 

Adulteration  of  dairy  products. — See,  post,  Same — Regulating  traffic   In. — See   notes    1 

Act  1165.  L.  R.  A.  52;  6  L.  R.  A.   533;   11  L.  R.  A.   532; 

Duty  of  state  dairy  bureau,  as   to  use   of  briefs  in  15  L.  R.  A.  839  and  30  L.  R.  A.  397. 

Inaiicurate    or    fraudulent    butter   tests. — See  As  affecting  interstate  commerce,  see  briefs 

Kerr's   Cyc.   Penal   Code,    §  381b.  in    10    L,    R.    A,    830;    22    L.    R.    A.    156;    30 

Imitation      Butter  —  Constitutionality      of  L,.  R.  A.   397. 

statutes    regrulating    tlie     manufacture    and  Manufacture  and  sale  of  adulterated  food 

sale    of. — See    35    L.    R.    A.    844;    57    L.    R.    A.  products  in  general. — See  tit.  "Adulteration." 

181;   118  Fed.  56,  47  C.  C.  A.  195.  Use    of    Inaccurate    or    fraudulent    butter 

Same   —    Original     packages    from     other  tests. — See  Kerr's  Cyc.  Penal  Code,  §  381a. 

states. — See  30  L.  R.  A.  396.  See    Kerr's    Cyc    Penal    Code,    §  383a    and 

Same — Prohibiting  sale  of. — See  15  L.  R.  A.  notes. 
889.     Unless   colored   pink, — See   1   L.   R.   A. 
51;  35  Lb  R.  A.  844. 

SHORT-WEIGHT  BUTTER. 
ACT  620 — An  act  entitled  an  act  to  prevent  the  sale  of  short-weight  rolls  of  tntter. 
History:    Approved  March  11,  1893,  Stats.  1893,  p.  151. 

Short-weight  butter. 

Any  person  or  persons,  firm  or  corporation,  who  offers  for  sale  roU-butter  not  of 
full  weight  to  each  roll,  shall  be  guilty  of  a  misdemeanor. 

Act  takes  effect  when. 
This  act  shall  go  into  effect  sixty  days  after  its  passage. 

IMITATION  BUTTER  AND  CHEESE. 

ACT  621 — An  act  to  prevent  deception  in  the  manufacture  and  sale  of  butter  and 

cheese,  to  secure  its  e.nforcement,  and  to  appropriate  money  therefor. 

History:  Approved  March  4,  1897,  Stats.  1897,  p.  65.  Prior  acts: 
Act  approved  March  2,  1881,  Stats.  1881,  p.  14,  which  was  superseded 
by  the  act  of  March  9,  1895,  Stats.  1895,  p.  41,  which  was,  in  turn, 
superseded  by  the  present  act. 

Imitation  butter.    Imitation  cheese. 

§  1.  That  for  the  purposes  of  this  act,  every  article,  substance,  or  compound,  other 
than  that  produced  from  pure  milk  or  cream  from  the  same,  made  in  the  semblance  of 
butter,  and  designed  to  be  used  as  a  substitute  for  butter  made  from  pure  milk  or 
cream  from  the  same,  is  hereb}'^  declared  to  be  imitation  butter;  and  that  for  the  pur- 
poses of  this  act,  every  article,  substance,  or  compound,  other  than  that  produced  from 
pure  milk  or  cream  from  the  same,  made  in  the  semblance  of  cheese,  and  designated 
[designed]  to  be  used  as  substitute  for  cheese  made  from  pure  milk  or  cream  from  the 
same,  is  hereby  declared  to  be  imitation  cheese;  provided,  that  the  use  of  salt,  rennet, 
and  harmless  coloring-matter  for  coloring  the  product  of  pure  milk  or  cream,  shall  not 
be  construed  to  render  such  product  an  imitation;  and  provided,  that  nothing  in  this 
section  shall  prevent  the  use  of  pure  skimmed  milk  in  the  manufacture  of  cheese. 

Manufacture  and  sale  of  imitation  butter,  etc. 

§  2.  No  person,  by  himself  or  his  agents  or  servants  shall  render  or  manufacture, 
sell,  offer  for  sale,  expose  for  sale,  or  have  in  his  possession  with  intent  to  sell,  or  use, 
or  serve  to  patrons,  guests,  boarders,  or  inmates,  in  any  hotel,  eatinghouse,  restaurant, 
public  conveyance  or  boardinghouse,  or  public  or  private  hospital,  asylum,  or  eleemosy- 
nary or  penal  institution,  any  article,  product,  or  compound  made  wholly  or  partly  out 
of  any  fat,  oil,  or  oleaginous  substance  or  compound  thereof,  not  produced  directly  and 
at  the  time  of  manufacture  from  unadulterated  milk  or  cream  from  the  same,  which 

Ccn.  Laws — 20 


Act  621,  §g  3-6  GENERAL,   LAWS.  306 

article,  product,  or  compound  shall  be  colored  in  imitation  of  butter  or  cheese  pro- 
duced from  unadulterated  milk  or  cream  from  the  same;  provided  that  nothing  in  this 
section  shall  be  construed  to  prohibit  the  manufacture  or  sale,  under  the  regulations 
hereinafter  provided,  of  substances  or  compounds,  designed  to  be  used  as  an  imitation, 
f^T  as  a  substitute  for  butter  or  cheese  made  from  pure  milk  or  cream  from  the  same,  in 
a  separate  and  distinct  form,  and  in  such  a  manner  as  will  advise  the  consumer  of  its 
real  character,  free  from  coloration,  or  ingredients,  that  causes  it  to  look  like  butter  or 
cheese  made  from  pure  milk  or  cream,  the  product  of  the  dairy. 

Imitation  product  must  be  branded. 

$  3.  Each  person  who,  by  himself  or  another,  lawfully  manufactures  any  substance 
designed  to  be  used  as  a  substitute  for  butter  or  cheese,  shall  mark  by  branding,  stamp- 
ing, or  stenciling  upon  the  top  and  sides  of  each  tub,  firkin,  box,  or  other  package  in 
which  such  article  shall  be  kept,  and  in  which  it  shall  be  removed  from  the  place  where 
it  is  produced,  in  a  clear  and  durable  manner,  in  the  English  language,  the  words 
"substitute  for  butter,"  or  "substitute  for  cheese,"  as  the  ease  may  be,  in  printed 
letters  in  plain  Roman  type,  each  of  which  shall  not  be  less  than  one  inch  in  height 
by  one-half  inch  in  width,  and  in  addition  to  the  above  shall  prepare  a  statement, 
ju'inted  in  plain  Roman  type,  of  a  size  not  smaller  than  pica,  stating  in  the  English 
language  its  name,  and  the  name  and  address  of  the  manufacture,  the  name  of  the 
place  where  manufactured  or  put  up,  and  also  the  names  and  actual  percentages  of 
the  various  ingredients  used  in  the  manufacture  of  such  imitation  butter  or  imitation 
cheese;  and  shall  place  a  copy  of  said  statement  within  and  upon  the  contents  of  each 
tub,  firkin,  box,  or  other  package,  and  next  to  that  portion  of  each  tub,  firkin,  box,  or 
other  package  as  is  commonly  and  most  conveniently  opened;  and  shall  label  the  top 
and  sides  of  each  tub,  firkin,  box,  or  other  package  by  afiixing  thereto  a  copy  of  said 
statement,  in  such  manner,  however,  as  not  to  cover  the  whole  or  any  part  of  said 
mark  of  "substitute  for  butter,"  or  "substitute  for  cheese." 

Duty  of  common  carriers. 

^  4.  No  person,  by  himself  or  another,  shall  knowingly  ship,  consign,  or  forward 
by  any  common  carrier,  whether  public  or  private,  any  substance  designed  to  be  used 
as  a  substitute  for  butter  or  cheese,  unless  the  same  be  marked  and  contain  a  copy  of 
the  statement,  and  be  labeled  as  provided  by  section  three  of  this  act;  and  no  carrier 
shall  knowingl}'  receive  the  same  for  the  purpose  of  forwarding  or  transporting,  unless 
it  shall  be  manufactured,  marked,  and  labeled  as  hereinbefore  provided,  consigned,  and 
by  the  carrier  receipted  for  by  its  true  name;  provided,  that  this  act  shall  not  apply 
to  any  goods  in  transit  between  foreign  states  and  across  the  state  of  California. 

Descriptive  statement  must  be  exposed. 

§  5.  No  person,  or  his  agent,  shall  knowingly  have  in  his  possession  or  under  his 
control  any  substance  designed  to  be  used  as  a  substitute  for  butter  and  cheese  unless 
the  tub,  firkin,  box,  or  other  package  containing  the  same,  shall  be  clearly  and  durably 
marked  and  contain  a  copy  of  the  statement  and  be  labeled  as  provided  by  section  three 
of  this  act;  and  if  the  tub,  firkin,  box,  or  other  package  be  opened,  then  a  copy  of  the 
statement  described  in  section  three  of  this  act  shall  be  kept,  with  its  face  up,  upon 
the  exposed  contents  of  said  tub,  firkin,  box,  or  other  package;  provided,  that  this  sec- 
tion shall  not  be  deemed  to  appl^'  to  persons  who  have  the  same  in  their  possession  for 
the  actual  consumption  of  themselves  or  family. 

Imitation  product  must  be  sold  as  such. 

§  6.  No  person,  by  himself  or  another,  shall  sell,  or  offer  for  sale,  or  fake  orders 
for  the  future  delivery-  of,  any  substance  designed  to  be  used  as  a  substitute  for  butter 


307  BUTTER.  Act  621,  §§  7-12 

or  cheese,  tinder  the  name  of  or  under  the  pretense  that  the  same  is  butter  or  cheese ; 
and  no  person,  by  himself  or  another,  shall  sell  any  substance  designed  to  be  used  as  a 
substitute  for  butter  or  cheese,  unless  he  shall  inform  the  purchaser  distinctly,  at  the 
time  of  the  sale,  that  the  same  is  a  substitute  for  butter  or  cheese,  as  the  case  may  be, 
and  shall  deliver  to  the  purchaser,  at  the  time  of  the  sale,  a  separate  and  distinct  copy 
of  the  statement  described  in  section  three  of  this  act;  and  no  person  shall  use  in  any 
way,  in  connection  or  association  with  the  sale,  or  exposure  for  sale,  or  advertisement, 
of  any  substance  designed  to  be  used  as  a  substitute  for  butter  or  cheese,  the  words 
"butterine,"  "creamery,"  or  "dairy,"  or  the  representation  of  any  breed  of  dairy 
cattle,  or  any  combination  of  such  words  and  representation,  or  any  other  words  or 
symbols,  or  combinations  thereof,  commonly  used  by  the  dairy  industry  in  the  sale  of 
butter  or  cheese. 

Duty  of  restaurant-keepers. 

$  7.  No  keeper  or  proprietor  of  any  bakery,  hotel,  boarding-house,  restaurant,  saloon, 
lunch-counter,  or  other  place  of  public  entertainment,  or  any  person  having  charge 
thereof,  or  employed  thereat,  or  any  person  furnishing  board  for  others  than  members 
of  his  own  family,  or  for  any  employees  where  such  board  is  furnished  as  the  compen- 
sation or  as  a  part  of  the  compensation  of  any  such  employee,  shall  place  before  any 
patron  or  employee,  for  use  as  food,  any  substance  designed  to  be  used  as  a  substitute 
for  butter  and  cheese,  unless  the  same  be  accompanied  by  a  copy  of  the  statement 
described  in  section  three  of  this  act,  and  by  a  verbal  notification  to  said  patron  that 
such  substance  is  a  substitute  for  butter  or  cheese. 

^  8.  No  action  can  be  maintained  on  account  of  any  sale  or  other  contract  made 
in  violation  of,  or  with  intent  to  violate,  this  act  by  or  through  any  person  who  was 
knowingly  a  party  to  such  wrongful  sale  or  other  contract. 

Presumptive  evidence. 

$  9.  Every  person  having  possession  or  control  of  any  substance  designed  to  be 
used  as  a  substitute  for  butter  or  cheese  which  is  not  marked  as  required  by  the  pro- 
visions of  this  act,  shall  be  presumed  to  have  known,  during  the  time  of  such  pos- 
session or  control,  that  the  same  was  imitation  butter,  or  imitation  cheese,  as  the  ease 
may  be. 

Erasure  of  label. 

§  10.  No  person  shall  efface,  erase,  cancel,  or  remove  any  mark,  statement,  or  label 
provided  for  by  this  act,  with  intent  to  mislead,  deceive,  or  to  violate  any  of  the 
provisions  of  this  act. 

Use  of  pure  article  in  state  institutions. 

$  11.  No  butter  or  cheese  not  made  wholly  from  pure  milk  or  cream,  salt,  harmless 
coloring-matter,  shall  be  used  in  any  of  the  charitable  or  penal  institutions  that  receive 
assistance  from  the  state. 

Penalties. 

§  12.  Whoever  shall  violate  any  of  the  provisions  or  sections  of  this  act  shall  be 
deemed  guilty  of  a  misdemeanor,  and  shall,  upon  conviction  thereof,  be  punished,  for 
the  first  offense,  by  a  fine  of  not  less  than  fifty  dollars,  nor  more  than  one  hundred 
and  fifty  dollars,  or  by  imprisonment  in  the  county  jail  for  not  exceeding  thirty  days ; 
and  for  each  subsequent  offense,  by  a  fine  of  not  less  than  one  hundred  and  fifty 
dollars,  nor  more  than  three  hundred  dollars,  or  by  imprisonment  in  the  county  jail  not 
less  than  thirty  days,  nor  more  than  six  months,  or  by  both  such  fine  and  imprisonment, 
in  the  discretion  of  the  court.  One-half  of  all  the  fines  collected  under  the  provisions 
of  this  act  shall  be  paid  to  the  person  or  persons  furnishing  information  upon  which 
conviction  is  procured- 


Aot  621,  8§  13-17  GENERAL   LAWS.  308 

Possession  presumptive  evidence.     Samples  for  analysis. 

$  13.  Whoever  shall  have  possession  or  control  of  any  imitation  butter  or  imita- 
tion cheese,  or  any  substance  designed  to  be  used  as  a  substitute  for  butter  or  cheese, 
contrary  to  the  provisions  of  this  act,  shall  be  construed  to  have  possession  of  property 
with  intent  to  use  it  as  a  means  of  committing  a  public  offense,  within  the  meaning  of 
chapter  three,  of  title  twelve,  of  part  two,  of  an  act  to  establish  a  Penal  Code;  provided, 
that  it  shall  be  the  duty  of  the  officer  who  serves  a  search-warrant  issued  for  imitation 
butter  or  imitation  cheese,  or  any  substance  designed  to  be  used  as^  a  substitute  for 
butter  or  cheese,  to  deliver  to  the  agent  of  the  dairy  bureau,  or  to  any  person  by  such 
dairy  bureau  authorized  in  writing  to  receive  the  same,  a  perfect  sample  of  each  article 
seized  by  virtue  of  such  warrant,  for  the  purpose  of  having  the  same  analyzed,  and 
forthwith  to  return  to  the  person  from  whom  it  was  taken  the  remainder  of  each  article 
seized  as  aforesaid.  If  any  sample  be  found  to  be  imitation  butter  or  imitation  cheese, 
or  substance  designed  to  be  used  as  a  substitute  for  butter  or  cheese,  it  shall  be  returned 
to  and  retained  by  the  magistrate  as  and  for  the  purpose  contemplated  by  section 
fifteen  hundred  and  thirty-six  of  an  act  to  establish  a  Penal  Code;  but  if  any  sample 
be  found  not  to  be  imitation  butter  or  imitation  cheese,  or  a  substance  designed  to  be 
used  as  a  substitute  for  butter  or  cheese,  it  shall  be  returned  forthwith  to  the  person 
from  whom  it  was  taken. 

Duty  of  district  attorney. 

§  14.  It  shall  be  the  duty  of  the  district  attorney,  upon  the  application  of  the  dairy 
bureau,  to  attend  to  the  prosecution,  in  the  name  of  the  state,  of  any  suit  brought  for 
the  violation  of  any  of  the  provisions  of  this  act  within  his  district. 

State  dairy  bureau.    Tenure  of  office.     Organization.    Report. 

§  15.  The  governor  shall,  on  or  before  the  first  day  of  July,  eighteen  hundred  and 
ninety-seven,  appoint  three  resident  citizens  of  this  state,  who  shall  have  practical 
experience  in  the  manufacture  of  dairy  products,  to  constitute  a  state  dairy  bureau,  and 
which  shall  succeed  the  one  now  in  existence  in  every  respect.  Members  of  this  bureau 
shall  hold  office  for  the  period  of  four  years  from  and  after  the  first  day  of  July, 
eighteen  hundred  ninety-seven,  and  until  their  successors  are  appointed  and  qualified; 
provided,  that  the  first  members  appointed  under  the  provisions  of  this  act  shall  at 
their  first  meeting  so  classify  themselves  by  lot  as  that  one  shall  go  out  of  office 
at  the  expiration  of  two  j^ears,  one  at  the  expiration  of  three  years,  and  the  other 
at  the  expiration  of  four  years.  Any  vacancy  shall  be  filled  by  appointment  by  the 
governor  for  the  unexpired  term.  The  members  of  said  bureau  shall  serve  without 
compensation,  and  within  twenty  days  after  their  appointment,  shall  take  the  oath 
of  office  as  required  by  the  constitution,  and  they  shall  thereupon  meet  and  organize 
by  electing  a  chairman  and  treasurer.  Any  one  of  them  may  be  removed  by  the  gov- 
ernor, for  neglect  or  violation  of  duty.  They  shall  make  a  report  in  detail  to  the 
le<nslature  not  later  than  the  first  day  of  December  next  preceding  the  meeting  thereof. 

This  section  was  expressly  continued  in  force  by  the  act  of  1911.     See,  post.  Act  1167. 

Agent,  and  salary. 

§  16.     It  shall  be  the  duty  of  the  state  dairy  bureau  to  secure,  as  far  as  possible, 

the  enforcement  of  this  act.  The  state  dairy  bureau  shall  have  power  to  employ  an 
agent  at  a  salary  of  twelve  hundred  dollars  a  year,  and  such  assistants  or  chemists,  as 
from  time  to  time  may  be  necessary  therefor. 

Appropriations. 

§  17.     [Repealed  April  21,  1911.     Stats.  1911,  p.  959.] 


309  BUTTER.  Act  624,  gg  1-4 

Inconsistent  acts  repealed. 

$  18.     All  acts  and  parts  of  acts  inconsistent  with  this  act  are  hereby  repealed. 

Act  takes  effect  when. 

$  19.     This  act  shall  take  effect  immediately. 

This  act  Is  for  the  most  part  substantially        tinued  in  force  by. — Stats.   1911,  p.   977,   §  45, 

reproduced   in   Stats.  1911,  p.   959. — See,   post,        post,  Act   1167. 

Act  1167.  Section    17   of   this   act    fvas   expressly   re- 

r.   «    •*-  *  K.  *♦»-      c^,.    r^r^c^     A ^t   11CK         peolcd   by  Stats.   1911,   p.   977,   §46,  post,   Act 

Denmtion   of  butter. — See,    post.    Act    1165.        ,,„„  i    o       ,   *-        , 

Definitions  of  imitation  butter  and  cheese.  Fraud    In   manufacture,    packing   and    sale 

See,  post,  Act  1167.  ^f   certain    goods    and    products,    see    Kerr's 

Section  15  of  this  act  was  expressly  con-       Cyc.   Penal   Code,    §§  381,   et  seq. 

IMPORTED  BUTTER. 
ACT  624 — An  act  to  regulate  the  sale  of  hutter  that  has  heen  shipped  or  imported  into 
the  state  of  California  from  any  point  or  place  outside  of  the  United  States,  requiring 
the  marking  thereof  by  all  persons  selling  or  offering  same  for  sale,  and  fixing  penal- 
ties for  the  violation  of  the  same  or  of  any  of  the  provisions  thereof. 

History:    Approved  May  19,  1915.    In  effect  August  8,  1915.     Stats. 
1915,  p.  689. 

Definitions. 

^  1.  For  the  purposes  of  this  act  the  words  "person,  firm,  company,  or  corporation," 
shall  include  wholesalers,  retailers,  jobbers,  and  every  place  where  butter  that  has  been 
shipped  or  imported  into  the  state  of  California  from  any  point  or  place  outside  of  the 
United  States  is  sold  or  offered  for  sale. 

Butter  from  outside  United  States  to  he  marked  "imported." 

$  2.  Every  person,  firm,  company,  or  corporation  who  sells,  offers  for  sale,  or  has  in 
his,  or  their,  possession  for  sale,  or  consigns,  ships  or  presents  to  any  dealer,  commis- 
sion merchant,  consumer,  or  other  person  any  butter  that  has  been  shipped  or  imported 
into  the  state  of  California  from  any  point  or  place  outside  of  the  United  States  shall, 
before  doing  so,  cause  to  be  stamped,  marked  or  printed  upon  the  wrapper,  or  other 
container  thereof  in  black-face  letters  not  less  than  one-eighth  of  an  inch  in  height 
the  word  "imported." 

Sign  indicating  importation. 

§  3.  Every  person,  firm,  company,  or  corporation  selling  or  offering  for  sale  any 
butter  that  has  been  shipped  or  imported  into  the  state  of  California  from  any  point 
or  place  outside  of  the  United  States,  shall  display  in  a  conspicuous  place  in  his  or 
their  public  salesroom  a  sign,  which  shall  be  not  less  than  one  foot  in  height  and  two 
feet  in  length,  bearing  the  words  "imported  butter  sold  here"  in  black-face  letters 
not  less  than  three  inches  in  height  and  one-half  inch  in  width  upon  a  white  gpround. 

Penalty  for  non-compliance. 

^  4.  Every  person,  firm,  company  or  corporation  who  shall  fail  to  comply  with  any 
of  the  provisions  of  this  act,  and,  upon  conviction  thereof,  shall  be  punished  by 
imprisonment  in  the  county  jail  for  not  more  than  six  months;  or  by  a  fine  of  not  more 
than  two  hundred  and  fifty  dollars,  or  by  both  such  fine  and  imprisonment  in  the  dis- 
cretion of  the  court. 


An  OJti-Oio,  B  1 


CKNKRAI.   I.AW9. 

riTAI'TKR  40. 
CALAVERAS  COUNTY. 


•I* 


CONTHNTS  OF  CHAI'TKR. 

ACT  630.     "No  Vr.scr.  Law." 

631.    Bonded  iNDrBTKONEss,  RRDEumoN  Or, 

"NO  FENCK  LAW." 

ACT  630-    An  act  to  protect  agriculture  in  the  county  of  Calaveras. 

History:     Approved    March   L'J.    1S71.    Stats.    187374.   p.   Ei79.      Supple- 
mented April  3.  1876.  Stuls.  1876-76.  p.  901. 

Thr   aapplrmratarjr   art    of    INTS   made    It   a  I'lila  nt-l  apiillril  unl.i    to  n  purtlim   nf  C.iln- 

mlndrnn-.inur  to  permit  cattle  to  trenpnaa  on  vcriiM  romity. 

the   pn-mlNoii    of   anotticr.  %rr  rilltor'a   ttotr   tn   rhnptrra   oa   ■'catra^a'^ 

Tlila  art   rrlnird   to   tri-it|jna«ilDj|{  aniniala  on  nnil  "Irrapaaalas  aiilinula.'* 
rultlvated   land. 

RKDF.MPTTOX  OF  ROXDKD  INT)EBTFDNEf5S. 

ACT  631-  An  act  to  provide  for  the  redemption  of  the  bonded  indebtedness  of  Cala- 
veras county. 

History:    Approved  March  30,   1872,  Stats.  1871-72,  p.  716. 


Tbia  art  provided  for  the  redemption  by 
ibe  alate  of  the  coiiiit.v's  bonded  Indcbted- 
refs  and  the  levy  of  a  tax,  not  less  than  ten 
nor  more  than  twenty-flve  centa  on  each  one 


hundred  doUara  of  real  and  peraonal  prop- 
erty annually  until  the  state  was  reim- 
bursed. 


CALEXICO. 

See  Act  3094,  note. 

CALIFOENIA  HOME  FOR  CARE  AND  TRAINTNG  OF  FEEBLE  MINDED 

CBILDREN. 
See  tit  "Feeble-minded  Children." 


CHAPTER  41. 

CALIFORNIA  INDUSTRIAL  FARM. 

References:   See   tits.   "California   School    for   Girls";    "California    State   Reformatory"; 
"Parole  of   Prisoners";    "Preston  School  of  Industry";    "Whlttier   State  School." 

CONTEXTS  OF  CHAPTER. 
ACT  640.    "Caufornu  Industrial  Farm.** 

CALIFORNIA  INDUSTRIAL  FARM. 
ACT  640 — An  act  to  establish  an  institution  for  the  confinement,  care  and  reformation 
of  delinquent  women,  to  provide  for  its  maintenance,  conduct  and  government,  to 
provide    for   commitment   and   admission   thereto,    and    to   make   an    appropriation 
therefor. 

History:    Approved  May  3,  1919.     In  effect,  except  as  to  sections  8 


and  9.  July  22.  1919. 
1919,  p.  24S. 


As  to  sections  8  and  9,  see  section  19.    Stats. 


California  industrial  farm  for  women. 

^  1.  There  shall  be  established  within  this  state  an  institution  for  (he  confinement, 
rare  and  reformation  of  delinquent  women,  to  be  known  as  the  California  industrial 
farm  for  women. 


311  CALIFORXIA   IXDUSTRIAL  FARM.  Act  640,  g§  2-4 

Fiirpose. 

$  2.  The  purpose  of  said  institution  shall  be  to  provide  custody,  care,  protection, 
industrial  and  other  training  and  reformatory  held  for  delinquent  women. 

Board  of  trustees. 

$  3.  Said  institution  shall  be  under  the  management  and  control  of  a  board  of 
trustees  of  five  members  appointed  by  the  governor,  three  of  whom  shall  be  women. 
The  terms  of  oflSee  of  said  trustees  shall  be  five  years  each ;  provided,  that  the  terms  of 
office  of  those  first  appointed  shall  be  one,  two,  three,  four  and  five  years,  respectively, 
and  the  governor  in  making  such  appointments  shall  indicate  the  respective  terms  for 
which  the  appointments  are  made. 

Oath. 

Before  entering  upon  the  discharge  of  their  duties,  the  trustees  shall  take  an  oath  in 
writing  to  faithfully  discharge  the  same. 

Expenses. 

The  members  of  the  board  of  trustees  shall  be  entitled  to  their  reasonable  expenses, 
including  traveling  expenses,  incurred  in  the  discharge  of  their  duties. 

Duties  of  board. 

§  4.    The  duties  of  said  board  of  trustees  shall  be: 

Organization. 

(a)  To  organize  itself,  adopt  general  rules  for  the  holding  of  its  meetings  and  the 
transaction  of  its  business,  and  for  the  administration  and  conduct  of  the  institution. 

Select  site. 

(b)  To  select,  purchase  and  procure  with  all  reasonable  dispatch  a  suitable  site  of 
not  less  than  two  hundred  acres,  with  the  necessary  appurtenances,  for  said  institution. 
Such  site  shall  be  of  such  character  as  to  afford  ample  opportunity  for  agricultural 
work  and  training  to  those  eommitted  to  the  institution.  If  there  be  already  owned 
by  the  state  land  suitable  for  such  site  or  as  a  part  thereof,  and  not  used,  or  in  the 
opinion  of  the  state  board  of  control  not  necessary  for  use  by  the  state  for  another 
purpose,  such  land  may  be  appropriated  by  the  board  of  trustees  with  the  consent  of 
the  state  board  of  control  as  the  site,  or  part  of  the  site,  of  said  institution. 

Construct  buildings. 

(c)  To  construct  and  equip  in  connection  with  or  appurtenant  to  the  site  so  pro- 
cured or  appropriated  the  buildings,  improvements  and  plant  necessary  for  the  accom- 
plishment by  said  institution  of  the  purposes  for  which  it  is  established. 

Temporary  accommodations. 

The  board  of  trustees  are  authorized,  if  they  deem  it  advisable,  pending  the  construc- 
tion of  the  permanent  buildings,  improvements  and  plant,  to  construct  and  equip  tem- 
porary accommodations  and  to  commence  and  carry  on  the  work  of  the  institution. 

Supervision  and  control. 

(d)  To  conduct,  supervise  and  administer  the  institution  for  the  purposes  for  which 
it  is  established,  together  with  the  right  to  possess,  control  and  administer  any  and  all 
property  given  or  appropriated  to  or  for  the  benefit  of  said  institution,  either  by  way 
of  endowment,  public  or  private,  or  otherwise. 

Superintendent. 

(e)  The  board  of  trustees  shall  employ  a  skilled  superintendent,  who  shall  be  a 
woman,  not  one  of  their  number,  and  Avho  shall  reside  at  and  have  the  immediate  charge 


Act  «40,  g§  5-11  CUMiRAL   LAWS.  313 

and  ruanagement  of  the  institution,  subject  to  the  control  and  supervision  of  the  board 
of  trustees.  The  board  shall  authorize  the  employment  of  such  other  assistants,  officers 
or  employees  as  may  be  necessary. 

Report  to  governor. 

(f )     The  board  of  trustees  shall  report  biennially  to  the  governor. 

Meetings. 

§  5.  The  board  of  trustees  shall  meet  at  said  institution  in  regular  session  once  a 
month  and  in  special  session  as  they  may  deem  necessary,  and  the  office  of  any  member 
who  is  absent  from  two  consecutive  regular  sessions,  or  from  more  than  three  regular 
sessions,  in  the  course  of  any  calendar  j'ear,  shall,  unless  such  absences  are  excused  by 
the  governor  in  writing,  filed  with  the  board,  ipso  facto  become  vacant. 

Bond  of  superintendent. 

$  6.  The  superintendent  shall  give  a  bond  to  the  state  in  such  sum  as  may  be  pre- 
scribed by  the  board  of  trutsees,  but  not  less  than  ten  thousand  dollars,  conditioned 
upon  the  faithful  discharge  by  her  of  her  duties. 

Women  assistants. 

§  7.  All  regularly  employed  assistants,  officers  and  employees,  whose  duties  bring 
them  in  contact  with  the  inmates  of  the  institution,  shall  be  women  as  far  as  practicable. 

Commitment  to  institution. 

§  8.  (a)  When  any  woman,  eighteen  years  of  age  or  over  is  found  guilty  by  any 
court  within  this  state  of  prostitution,  soliciting  for  prostitution,  keeping  a  house  of 
ill  fame  or  residing  in  such  house,  frequenting  any  dance  hall,  hotel,  rooming  house,  or 
other  i:)ublic  place,  for  the  purpose  of  prostitution,  or  of  vagrancy  because  of  being  a 
common  prostitute  or  a  common  drunkard,  she  shall  in  lieu  of  any  other  sentence  or 
disposition  provided  by  law,  be  committed  by  the  court  in  which  she  is  so  found  guilty 
to  said  institution  for  an  indeterminate  period  of  not  less  than  six  months  nor  more 
than  five  years. 

Admission  refused,  when. 

(b)  The  said  board  of  trustees  shall  not  be  required  to  receive  for  admission  any 
woman  committed  to  said  institution,  if,  in  its  opinion  the  accommodations  at  said 
institution  or  the  state  of  its  finances  is  such  as  not  to  justify  her  reception. 

Transfer  from  penal  or  reformatory  institution. 

§  9.  Any  woman,  eighteen  years  of  age  or  over,  confined  under  a  sentence  or  com- 
mitment in  any  penal  or  reformatory  institution  or  prison  within  this  state,  may  be 
transferred  therefrom  for  the  serving  of  her  sentence  or  the  term  of  her  commitment, 
or  the  balance  thereof,  to  the  said  institution,  with  the  consent  of  the  trustees  thereof, 
by  order  of  the  governing  official  or  board  of  officials  of  the  institution  or  prison  in 
which  she  is  confined. 

Admission  on  request  of  woman. 

(i  10.  Any  woman,  eighteen  years  of  age  or  over,  may,  upon  her  written  request,  be 
admitted  to  said  institution  by  the  board  of  trustees  thereof  if  it  believes  that  she  is 
or  is  in  danger  of  becoming  a  prostitute,  common  drunkard,  or  a  criminal.  Such  person 
shall  be  discharged  by  order  of  the  trustees  at  any  time  upon  her  written  request 
therefor  in  writing,  unless  she  has  been  adjudged  to  be  feeble-minded,  as  hereinafter 
provided. 

Delivery  to  institution. 

§  11.  Upon  the  commitment  or  transfer  of  any  woman  to  said  institution  under  the 
preceding  sections  it  shall  be  the  duty  of  the  officer  having  custody  of  her,  or  required 


313  CALIFORNIA   IXDISTRIAL,  FARM.  Act  640,  §§  12-H 

to  take  custody  of  her,  to  deliver  her  to  said  institution,  receiving  therefor  the  fees 
payable  for  the  transportation  of  prisoners  to  the  state  prison.  Such  officer  shall  at 
the  same  time  deliver  to  said  institution  a  certified  copy  of  the  judgment  of  conviction 
and  of  the  order  of  commitment  or  order  of  transfer. 

Woman  attendant. 

Every  woman  so  committed  or  transferred  under  this  act  shall  be  accompanied  by  a 
woman  attendant  from  the  place  of  commitment  or  transfer  until  delivered  to  the 
institution. 

Care  of  children. 

$  12.  If  any  woman  received  by  or  admitted  to  the  institution  have  a  child  under 
two  years  of  age,  or  gives  birth  to  a  child  while  an  inmate  of  said  institution,  such  child 
i  may  be  admitted  to  and  retained  in  the  institution  until  it  reaches  the  age  of  two 
years,  at  which  time  the  board  of  trustees  may  arrange  for  its  care  elsewhere ;  and  pro- 
vided, that  at  their  discretion  in  exceptional  cases  the  board  of  trustees  may  retain 
such  child  for  a  longer  period  of  time. 

History  of  inmates. 

§  13.  There  shall  be  kept  at  the  institution  a  record  of  the  history  and  progress  of 
every  woman  received  by  it  during  the  period  she  is  under  its  control  and,  so  far  as 
practically  possible,  prior  and  subsequent  thereto,  and  all  judges,  court  officials  and 
employees,  district  attorneys,  sheriffs,  chiefs  of  police  and  peace  officers  shall  furnish 
such  institution  with  all  data  in  their  possession  or  knowledge  relative  to  any  inmate 
that  said  institution  may  request.  If  upon  the  arrest  of  any  woman  it  be  discovered 
that  she  was  theretofore  an  inmate  of  said  institution,  it  shall  be  promptly  notified  of 
her  arrest. 

Examination  and  training.    Discharge. 

$  14.  (a)  Every  woman  received  by  said  institution  shall  be  examined  mentally  and 
physically  and  shall,  if  retained  by  said  institution,  be  given  the  care,  treatment  and 
training  adapted  to  her  particular  condition.  Such  care,  treatment  and  training  shall 
be  along  the  lines  best  suited  to  develop  her  mentality,  character  and  industrial  capac- 
ity to  a  point  where  she  can  be  honorably  discharged  from  the  institution  with  reason- 
able safety  and  benefit  to  herself  and  to  the  public  at  large.  Upon  her  reaching  such 
point,  in  the  judgment  of  the  board  of  trustees,  she  shall  be  honorably  discharged  from 
the  institution,  unless  she  has  been  transferred  to  it  under  section  ten  hereof  and  has 
not  fully  served  her  sentence,  in  which  case  she  shall  be  recommended  by  the  board 
of  trustees  to  the  governor  of  the  state  for  pardon. 

Transfer  to  Pacific  Colony. 

(b)  If  any  woman,  upon  her  admission  to  said  institution  and  examination  and 
obsen^ation  thereat,  is  found  by  the  board  of  trustees  thereof  to  be  feeble-minded  or 
moron  within  the  meaning  of  section  sixteen  of  the  act  of  the  legislature  of  the  state 
of  California  approved  June  1,  1917,  creating  an  institution  to  be  known  as  the  Pacific 
Colony,  such  board  of  trustees  may  institute  proceedings  to  have  such  person  adjudged 
to  be  feeble-minded,  and  in  case  of  such  adjudication  shall  thereafter  have  the  custody 
and  control  over  her  as  a  feeble-minded  person  until  discharged  or  transferred  from 
said  institution.  The  proceedings  for  the  adjudication  of  any  such  person  as  feeble- 
minded shall  conform  to  those  provided  in  that  behalf  by  said  act  creating  the  Pacific 
Colony.  Any  such  person  so  adjudicated  to  be  feeble-minded  may,  by  order  of  the 
board  of  trustees  of  said  institution,  be  transferred  to  said  Pacific  Colony  or  other 
institution  provided  by  the  state  for  the  care  of  the  feeble-minded,  Avith  the  consent 
of  the  governing  board  of  such  latter  institution  and  upon  such  transfer  such  governing 


Act  640,  §§  15-20  GENERAL   LAWS.  S14 

board  shall  have  the  same  authority  and  control  over  such  person  as  theretofore  pos- 
sessed by  the  board  of  trustees  of  the  institution  created  by  this  act. 

Discharge  on  expiration  of  maximum  term. 

(c)  Any  person  committed  to  said  institution  under  sections  eight  or  nine  hereof 
shall  in  any  case  be  discharged  therefrom  upon  the  expiration  of  the  maximum  period 
for  which  she  has  been  committed  to  said  institution  unless  she  has  been  theretofore 
adjudged  to  be  feeble-minded  as  hereinbefore  provided. 

Parole. 

§  15.  The  board  of  trustees  shall  have  the  right  to  parole  any  inmate  of  the  institu- 
tion at  such  time  and  upon  such  terms  as  it  may  deem  wise  and  to  recall  such  parole  in 
its  discretion  and  to  retake  her  into  custody  of  the  institution.  The  board  of  trustees 
shall  have  the  power  to  employ  parole  agents  for  the  purpose  of  affording  protection, 
assistance  and  guidance  to  women  on  parole. 

Sale  of  articles.    Employment  of  inmates. 

§  16.  (a)  The  said  institution  may  manufacture  or  raise  for  sale  supplies  or  pro- 
duce for  use  in  any  state  institution,  and  the  board  of  trustees  may  in  their  discretion, 
pay  to  any  inmate  producing  or  assisting  in  the  production  of  such  article  the  proceeds, 
or  a  part  of  the  proceeds,  of  the  sale  thereof.  The  board  of  trustees  shall  also  have 
the  power  to  employ  inmates  in  actual  work  in  the  institution  and  to  fix  their  compen- 
sation, if  any,  therefor  and  to  pay  the  same  at  such  times  and  in  such  manner  as  the 
board  of  trustees  may  see  fit. 

Disposition  of  moneys  received  from  sales. 

(b)  All  moneys  received  from  the  sale  of  articles  of  any  description,  supplies  or 
produce  as  provided  in  section  sixteen,  subdivision  (a)  of  this  act,  shall  be  paid  to  the 
state  treasurer,  to  be  placed  in  the  contingent  fund  to  the  credit  of  the  said  institu- 
tion for  its  use. 

Penalty  for  aiding  in  escape. 

§  17.  Any  person  who  aids  in  or  connives  at  the  escape  of  any  inmate  from  said 
institution,  or  in  or  at  her  eluding  of  pursuit  in  case  she  has  escaped  or  her  parole  has 
been  recalled,  or  in  or  at  any  breach  of  her  parole,  shall  be  guilty  of  a  misdemeanor  and 
shall,  upon  conviction,  be  punished  by  a  fine  of  not  less  than  one  hundred  dollars  or 
more  than  one  thousand  dollars,  or  by  imprisonment  in  the  county  jail  for  not  less 
than  three  months  or  more  than  one  year,  or  by  both  fine  and  imprisonment. 

Fees  of  court  officers. 

$  18.  In  all  proceedings  relating  to  commitments  under  this  act  the  fees  and  com- 
pensation of  the  sheriff  and  other  officers  of  the  court  shall  be  such  as  are  allowed  by 
law  for  like  proceedings  and  services  in  criminal  cases. 

Proclamation  by  governor. 

$  19.  When  said  institution  is  ready  for  the  admission  of  women  thereto,  the  board 
of  trustees  thereof  shall  certify  such  fact  to  the  governor,  who  shall  make  due  procla- 
mation thereof,  and  thereupon,  but  not  before,  sections  eight  and  nine  hereof  shall 
become  effective. 

State  commission  in  lunacy  not  to  supervise. 

§  20.  The  California  industrial  farm  for  women,  its  inmates,  trustees,  officers,  em- 
ployees and  property,  shall  be  exempt  from  the  operation  of  chapter  one,  title  five, 
part  three,  of  the  Political  Code,  and  free  from  the  supervision,  inspection  or  control 
of  the  state  commission  in  lunacy. 


315  CALlFOKAlA    A.SO    OREGOiV    RAILROAD.  Acts  <i48-(;5K 

Appropriation. 

§  21.  There  is  hereby  appropriated  out  of  any  money  in  the  state  treasury  not 
otherwise  appropriated  the  sum  of  one  hundred  fifty  thousand  dollars  for  the  purposes 
of  this  act,  and  the  controller  of  the  state  is  hereby  directed,  on  requisition  of  the 
board  of  trustees,  duly  audited  by  the  state  board  of  control,  to  draw  his  warrant  on 
the  state  treasurer  in  favor  of  said  board  of  trustees  for  any  moneys  duly  appropri- 
ated to  meet  any  expenditures  under  this  act. 

CHAPTER  42. 

CALIFORNIA  AND  OREGON  RAILROAD  COMPANY. 

CONTENTS  OF  CHAPTER. 
ACT  648.    Giving  Effect  to  Act  of  Congress. 

GIVING  EFFECT  TO  ACT  OF  CONGRESS. 

ACT  648 — An  act  giving  effect  to  the  act  of  Congress  relating  to  the  California  and 
Oregon  Railroad  Company. 

History:     Approved  March  30,  1868,  Stats.  1867-68,  p.  655. 

This  act  was  in  effect  both  an  expressed  gress  of  July  25,  1866,  and  a  grant  of  a 
consent  of  the  state  to  the  grants  made  to  franchise  to  construct,  maintain  and  operate 
the    railroad    company    by    the    act    of    con-       its  railroad  and  telegraph  lines  in  the  state. 

CHAPTER  43. 

CALIFORNIA  PACIFIC  RAILROAD  COMPANY. 

CONTENTS  OF  CHAPTER. 
ACT  653.     Grant  of  Eights  and  Privileges. 

GRANT  OF  RIGHTS  AND  PRIVILEGES. 
ACT  653 — An  act  granting  certain  rights  and  privileges  to  California  Pacific  Railroad 
Company. 

History:     Approved  March  30,  1868,  Stats.  1867-68,  p.  671. 

Tliis    Tvas   a   ratification    and   confirmation  privileges   as   to   the   building'  and   malnten- 

of  the  grant  of  April  24,  1858,  of  a  half  mile  ance  of  bridges  across  the  Sacramento  river 

of  water  front  on  Napa  bay  or  the  Carquinez  at    or    near    Sacramento,     and    at    or     near 

straits,     made     to     the     San     Francisco     and  Knights  landing. 

Marysville    Railroad   Company,    to    the   Call-  Toll  bridge  over  Carquinez  strait,  not  per- 

fornia    Pacific    Railroad    Company,    its    sue-  mitted,  see  Kerr's  Cyc.  Political  Code,  {  2872. 
cessor,    as    well    as    a    grant    of    additional 

CHAPTER  44. 

CALIFORNIA  PIONEERS. 

CONTENTS  OF  CHAPTER. 
ACT  658.     Memorial  Monument  at  Donner  Lake. 

MEMORIAL  AT  DONNER  LAKE. 
ACT  658 — An  act  making  an  appropriation  to  assist  in  the  erection  of  a  monument  to 
the  memory  of  the  pioneers  of  California,  near  Donner  Lake,  Nevada  county,  state 
of  California,  and  providing  for  the  payment  thereof. 

History:     Approved  May  1,  1911,  Stats.  1911,  p.  1367 
Thin   act    appropriated    five    thousand    dollars  for  the  purpose  indicated. 

CALIFORNIA  POLYTECHNIC  SCHOOL. 

See  tit.  ''Schools." 


Act  «70.  g§  l-2Vi 


GI^MCRAL   LAWS. 


816 


CHAPTER  45. 

CALIFORNIA  REDWOOD  PARK. 
References:     See  tits.  "Highways,"  "Parks." 

CONTENTS  OF  CHAPTER. 

ACT  670.     Management.     Commission. 
672.     Enlargement  of  Pabk. 

MANAGEMENT,  COMMISSION. 
ACT  670 — An  act  providing  for  the  management  of  the  California  Redwood  Park  and 
creating  a  board  of  five  commissioners  with  power  to  manage  said  California  Red- 
wood Park. 

History:  Approved  February  6,  1911.  Stats.  1911,  p.  8.  Amended 
April  5,  1013.  In  effect  August  10,  1913.  Stats.  1913,  p.  19.  Former 
acts,  for  the  creation  and  management  of  the  California  Redwood  Park, 
approved  March  16,  1901,  Stats.  1901,  p.  517,  which  was  superseded  by 
the  act  approved  March  25,  1903,  Stats.  1903,  p.  424,  which  was  in  turn 
superseded  by  the  present  act. 

Redwood  Park  commission. 

^  1.  The  governor  of  the  state  of  California  shall  appoint  four  commissioners,  who 
with  himself,  shall  constitute  the  California  Redwood  Park  commission.  The  term 
of  office  of  the  members  of  said  commission  shall  be  four  years  from  and  after  the 
date  of  their  appointment.  The  commission  shall  select  from  its  members  a  president 
and  secretary.  The  members  of  the  commission  shall  serve  without  compensation. 
They  shall  be  allowed  and  paid  out  of  the  funds  available  therefor,  all  reasonable 
traveling  expenses  which  may  be  incurred  by  the  members  of  said  commission  in  the 
performance  of  their  various  duties. 

Powers.    Warden. 

§  2.  The  said  California  Redwood  Park  commission  shall  have  full  power  and  con- 
trol over  the  said  park  and  over  any  and  all  funds  provided  for  the  care,  preservation, 
maintenance,  and  improvement  of  the  same  and  shall  make  and  enforce  all  necessary 
rules  and  regulations  for  the  care,  preservation,  maintenance  and  improvement  of  the 
same,  and  shall  have  power  to  employ  a  warden  and  necessary  assistants  for  the 
preservation  of  said  park  and  for  any  and  all  purposes  herein  specified.  The  compen- 
sation of  such  warden  and  his  assistants  shall  be  fixed  by  the  said  commission.  The 
compensation  of  the  warden,  however,  shall  not  exceed  the  sum  of  one  thousand  five 
hundred  dollars  per  annum. 

Commission  may  accept  gifts. 

$  21/2.  The  said  California  Redwood  Park  commission  shall  have  the  right,  power 
and  authority  to  receive  and  accept,  either  in  the  name  of  said  commission  or  in  the 
name  of  the  people  of  the  state,  by  gift,  devise,  grant  or  other  conveyance,  real  prop- 
erty or  any  interest  therein,  including  water,  water  rights,  roads,  trails  and  rights  of 
way,  to  be  added  to  or  used  in  connection  with  said  California  Redwood  Park;  also  to 
receive  and  accept,  by  gift,  donation,  contribution,  or  bequest,  money  to  be  used  in 
acquiring  or  improving  real  estate  as  a  part  of  or  in  connection  with  said  California 
Redwood  Park;  also  to  receive  and  accept  personal  property  in  the  same  manner  for 
purposes  connected  with  said  park;  also  to  acquire  by  purchase,  or  by  condemnation 
proceedings  brought  either  in  the  name  of  said  California  Redwood  Park  commission 
or  in  the  name  of  the  people  of  the  state  of  California,  such  real  and  personal  property 
as  shall  be  necessary  or  proper  for  the  extension,  improvement  or  development  of  said 


31T  CALIFORNIA    SCHOOL  FOR   GIRLS.  Act  «72,  §§  1-3 

California  Redwood  Park.     [New  section  approved  April  5,  1913.     Stats.  1913,  p.  19. 
In  effect  August  10,  1913.] 

Repeal  of  inconsistent  acts. 

$  3.  All  acts  or  parts  of  acts  inconsistent  with  the  provisions  of  this  act,  are  herebj 
repealed. 

Time  of  taking  effect. 

§  4.     This  act  shall  take  effect  immediately. 

The  act   of  1901  appropriated   $250,000   for       appropriated    |10,000    for    management    pur- 
the   purchase    of   the    Big   Basin    situated    in       poses. 
Santa    Clara    county;    and    the    act    of    1903 

ENLARGEMENT  OF  PARK. 

ACT  672 — An  act  providing  for  the  enlargement  of  the  California  Redwood  Park, 

making  an  appropriation  for  the  purchase  of  additional  land  therefor,  and  granting 

power  to  the  California  Redwood  Park  commission  to  purchase  the  same. 

History:     Approved  May  28,  1917.     In  effect  July  27,  1917.     Stats. 
1917,  p.  1281. 

Appropriation :  enlargement  of  California  Redwood  Park. 

§  1.  The  sum  of  one  hundred  fifty  thousand  dollars,  or  so  much  thereof  as  may  be 
necessary,  is  hereby  appropriated  out  of  any  money  in  the  state  treasury  not  otherwise 
appropriated,  and  which  shall  be  used  for  the  purchase  by  the  California  Redwood 
Park  commission  of  land  contiguous  to  the  California  Redwood  Park  suitable  for  the 
enlargement  of  said  park.  Said  appropriation  shall  be  available  at  the  rate  of  fifteen 
thousand  dollars  a  year. 

Power  of  park  commission  to  purchase  land. 

§  2.  The  California  Redwood  Park  commission  shall  have  the  power  to  purchase  said 
land,  or  any  portion  thereof,  as  in  its  judgment  shall  seem  most  suitable  for  an  addition 
to  and  enlargement  of  said  California  Redwood  Park,  considering  the  protection  of  said 
California  Redwood  Park  from  forest  fires,  and  the  conserving  of  the  headwaters  of  the 
streams  draining  said  California  Redwood  Park,  and  of  the  stand  of  timber  or  trees 
of  the  species  known  as  Sequoia  sempervirens  on  said  lands  to  be  purchased;  or  it  may 
proceed  by  action  at  law  to  condemn  the  same,  or  any  portion  thereof. 

Examination  of  abstracts  of  title. 

$  3.  No  payment  of  any  part  of  said  sum  shall  be  made  until  an  abstract  or  abstracts 
of  title  shall  have  been  furnished  to  the  attorney  genei-al  of  the  state  of  California, 
showing  that  the  lands  purchased,  and  the  whole  thereof,  are  free  from  any  valid  liens 
or  encumbrances  thereon,  and  it  is  hereby  made  the  duty  of  the  said  attorney  general  to 
examine  said  abstract  or  abstracts  of  title  and  render  and  deliver  to  said  commission 
his  opinion  in  writing,  certifying  that  no  valid  liens  or  encumbrances  exist  thereon 
and  that  the  title  to  said  lands,  and  the  whole  thereof,  is  good  and  valid.  Said 
opinion  of  the  attorney  general,  together  with  said  abstract  or  abstracts  of  title  shall 
be  filed  in  the  office  of  the  secretary  of  state. 

CHAPTER  46. 

CALIFORNIA  SCHOOL  FOR  GIRLS. 

References:  See  tits.  "California  Industrial  Farm";  "California  State  Reformatory"; 
"Juvenile  Court";  "Parole  of  Prisoners";  "Preston  School  of  Industry";  "Whittier 
State  School." 

CONTENTS  OF  CHAPTER. 
ACT  676.     State  Traimng  School  fob  Girls. 


&ct  676,  §§  1-6  GENKRAL  LAWS.  318 

TRAINING  SCHOOL  FOR  GIRLS. 
ACT  676 — An  act  to  esta'blish  a  state  training  school  for  girls;  to  provide  for  the  main- 
tenance and  management  of  the  same,  and  to  make  an  appropriation  therefor. 

History:  Approved  June  14,  1913.  In  effect  August  10,  1913.  Stats. 
1913.  857.  Amended  April  12,  1915.  In  effect  August  8,  1915.  Stats. 
1915,  p.  53;  May  14,  1917.     lu  effect  July  27,  1917.     Stats.  1917,  p.  473. 

California  school  for  girls. 

§  1.  There  is  hereby  established  a  state  training  school  for  the  confinement,  disci- 
pline, and  instruction  of  such  girls  as  may  be  committed  to  it  by  law,  to  be  known  as 
the  California  school  for  girls. 

Trustees.    Vacancies. 

$  2.  The  government  and  management  of  said  school  shall  be  vested  in  a  board  of 
five  trustees,  who  shall  be  appointed  by  the  governor  for  a  term  of  four  years  and 
until  their  successors  are  appointed  and  qualified;  provided,  that  of  the  trustees  fii'st 
appointed  two  shall  be  for  a  term  of  four  years,  one  for  a  term  of  three  years,  one  for 
a  term  of  two  years  and  one  for  a  term  of  one  year,  commencing  within  thirty  days 
after  this  act  becomes  effective.  "Whenever  a  vacancy  occurs  the  appointment  to  fill 
the  same  shall  be  made  by  the  governor  for  the  remainder  of  the  term.  Such  trustees 
shall  receive  no  compensation  for  their  services,  but  shall  be  allowed  their  reasonable 
traveling  and  other  ofiicial  expenses. 

Officers  of  board  of  trustees. 

$  3.  The  board  of  trustees  shall  elect  annually  a  president,  a  vice  president  and  a 
secretary,  whose  terms  of  office  shall  be  one  year  or  until  their  successors  are  elected 
and  qualified.  No  one  but  a  member  of  the  board  shall  be  elected  president  or  vice 
president  thereof.  The  board  shall  appoint  a  superintendent,  not  of  their  own  number, 
who  shall  be  a  woman  qualified  by  traning  and  experience  for  the  character  of  work 
to  be  done  at  this  school,  and  fix  her  salary  at  not  to  exceed  three  thousand  six  hun- 
dred dollars  per  annum.  Such  superintendent  shall  hold  ofiice  at  the  pleasure  of  the 
board.     [Amendment  of  May  14,  1917.    In  effect  July  27,  1917.    Stats.  1917,  p.  474.] 

This  section  was  also  amended  April  12,   1915,   Stats.   1915,  p.  53. 

Eules  and  regulations. 

5  4.  The  board  of  trustees  shall  make  all  needful  rules  and  regulations  for  the 
transaction  of  its  business  and  for  the  management  and  government  of  said  school. 
It  shall  determine  the  number,  title  and  duties  of  all  other  officers  and  employees,  and 
fix  the  salaries  thereof.  It  shall  see  that  discipline  is  maintained  and  that  proper 
education  is  provided,  to  the  end  that  those  committed  to  its  chaise  shall  be  prepared 
to  become  honorable,  self-supporting  members  of  society.  It  is  authorized  and 
required  to  make  all  contracts  for  the  operation  and  maintenance  of  said  school  that 
may  be  necessary,  subject  to  the  limitations  prescribed  by  law. 

Not  to  be  interested  in  contract. 

§  5.  No  trustee  or  employee  of  such  school  shall  be  interested  personally,  directly 
or  directly,  in  any  contract,  purchase  or  sale  made,  or  any  business  carried  on  in 
behalf  of,  or  for  such  institution,  and  any  money  so  paid  on  such  contracts  or  sales 
may  be  recovered  by  civil  suit,  and  it  shall  be  the  duty  of  the  governor  or  the  board 
of  trustees,  as  the  case  may  be,  upon  proof  of  the  fact  of  such  interest,  to  remove  imme- 
diately such  trustee  or  employee. 

Superintendent's  bond,  duties,  etc. 

§  6.  The  superintendent  shall,  before  entering  upon  the  discharge  of  her  duties, 
make  and  file  with  the  board  of  trustees  an  oath  that  she  will  faithfully  and  imjjar- 


319  CALIFORNIA    SCHOOL   FOR    GIRLS.  Act  676,  §§  7-11 

tially  discharge  the  same,  and  file  a  bond  in  the  sum  of  ten  thousand  dollars  running 
to  the  state  of  California,  and  with  sureties  to  be  approved  by  said  board,  conditioned 
upon  the  faithful  performance  of  her  said  duties.  She  shall  thereupon,  subject  to  the 
regulations  prescribed  by  the  board,  be  invested  with  the  custody  of  the  lands,  build- 
ings and  all  other  property  belonging  to  and  under  the  control  of  said  school,  subject  to 
the  direction  of  said  board,  and  shall  account  to  it  in  such  manner  as  it  may  require 
for  all  property  entrusted  to  her  and  all  moneys  received  by  her  as  such  superin- 
tendent, for  said  school  or  any  of  its  inmates.  She  shall  appoint,  except  as  herein- 
before provided,  all  officers  and  employees  of  said  school,  who  shall  hold  office  at  her 
pleasure. 

Bond  of  oflBcers. 

§  7.  The  board  of  trustees  shall  require  such  officers  as  may  be  entrusted  with 
money  belonging  to  the  school  or  its  inmates,  or  as  may  be  placed  in  a  position  of 
trust  and  responsibility  in  the  custody  of  property,  or  in  the  handling  of  supplies 
belonging  to  the  school,  to  give  bond  with  sureties  to  be  approved  by  the  board,  in  su^h 
sum  as  it  may  determine,  conditioned  upon  the  faithful  performance  of  the  duties 
required,  and  the  faithful  accounting  for  all  money  and  property  coming  into  their 
hands  or  under  their  control,  by  virtue  of  such  office. 

Conduct  of  school. 

$  8.  The  board  of  trustees  shall  cause  said  school  to  be  conducted  as  may  seem  best 
calculated  to  carry  out  the  intentions  of  this  act.  There  shall  be  organized  a  course  of 
study  corresponding  as  far  as  practicable  with  the  course  of  studj'  in  the  public  schools 
of  the  state.  There  shall  also  be  provided  in  said  school  the  proper  facilities  and 
equipment  for  vocational  training  such  as  domestic  science,  dressmaking,  horticulture, 
agriculture  and  such  business  instruction  as  may  be  practicable  for  women,  and  such 
in.struction  and  training  given  to  each  and  every  inmate  committed  to  said  school  to 
the  end  that  every  inmate  may,  upon  discharge,  be  qualified  for  honorable  and  profit- 
able employment. 

Superintendent  to  reside  at  school. 

§  9.  The  superintendent  shall  reside  at  the  school  and  shall  be  furnished  suitable 
quarters,  furniture,  food  supplies,  and  laundry  for  herself  and  family.  The  board  may 
make  similar  provision  for  such  other  officers  and  employees  as  the  interests  of  the 
school  may  require  to  reside  on  the  premises. 

Commitments. 

$  10.  The  said  school  shall  receive  into  its  custody  all  girls  who  may  be  committed 
to  it  in  accordance  with  law. 

Merit  system.    Parole. 

$  11.  There  shall  be  established  in  said  school  a  system  of  marking  based  upon 
merit  or  attainments  and  general  conduct,  by  which  any  girl  committed  hereto  may 
work  out  her  way  to  parole  and  honorable  discharge.  When,  in  the  opinion  of  the 
superintendent,  a  girl,  according  to  the  regulations,  has  earned  the  right  to  a  parole, 
a  reputable  home  or  place  of  employment  shall  be  provided  for  her,  where  she  may  be 
employed  and  earn  an  honorable  living,  and  said  superintendent  shall  then  recommend 
her  to  the  board  for  parole,  which  shall  grant  it  if  deemed  for  her  welfare,  under  such 
conditions  as  the  board  may  deem  best.  This  parole  shall  continue  until  she  has 
proved  her  ability  for  honorable  self-support,  whereupon  she  shall  be  discharged.  Any 
girl.  Avho,  while  on  parole,  violates  the  conditions  thereof,  may  be  returned  to  the 
school. 


Act  676,  §§  12-17  GENERAL.   LAWS.  320 

Girls  incapable  of  reformation. 

$  12.  Any  girl  committed  to  said  school  who  after  due  trial,  is  in  the  opinion  of  the 
superintendent,  incapable  of  reformation,  or  so  moi'ally  deficient  as  to  render  her 
detention  detrimental  to  the  interests  of  said  school,  or  who  has  misrepresented  her 
age  to  the  court  which  committed  her,  or  has  been  previously  convicted  of  a  felony 
may  be  returned  to  the  committing  court,  and  said  court  may  thereupon  revoke  the 
previous  judgment  committing  her  to  said  institution  and  resume  proceedings  where 
the  same  were  suspended  when  such  commitment  was  made. 

Aiding  inmate  to  escape. 

§  13.  Any  person  who  knowingly  permits  or  aids  any  inmate  to  escape  from  said 
school,  or  conceals  her  with  the  intent  of  enabling  her  to  elude  pursuit,  shall  be  guilty 
of  a  misdemeanor.  Any  fugitive  from  said  school,  or  from  the  parties  with  whom  she 
has  been  placed  on  parole,  may  be  arrested  and  returned  to  said  school  by  any  person, 
upon  written  order  of  said  superintendent. 

Commission  on  location.    Appropriation. 

$  14.  A  commission  consisting  of  the  state  engineer  and  four  members  to  be 
appointed  bj'  the  governor,  is  hereby  created,  and  it  shall,  as  soon  as  practicable,  with 
the  approval  of  the  board  of  control,  establish  a  location  for  said  school,  purchase  a 
site  therefor  to  consist  of  not  less  than  one  hundred  acres  of  good  agricultural  land, 
and  the  state  department  of  engineering  shall,  in  conformity  to  law,  erect,  construct 
and  equip  the  necessary  buildings  therefor.  For  the  purposes  of  paying  the  expenses 
of  the  provisions  incun-ed  by  this  act  there  is  hereby  appropriated  out  of  the  state 
treasury'  the  sum  of  two  hundred  thousand  dollars,  one-half  of  which  shall  be  available 
immediately  after  this  act  becomes  effective,  and  one-half  available  January  1st,  1914. 

Trustees  to  have  control  of  girls'  department  at  Whittier. 

§  15.  Immediately  after  this  act  becomes  effective,  or  as  soon  thereafter  as  a  major- 
ity of  the  persons  appointed  as  trustees  shall  have  qualified  and  organized  the  said 
board,  it  shall  take  possession  of  and  assume  the  control  and  management  of  the 
girls'  department  of  the  Whittier  State  School,  and  the  board  of  trustees  of  the 
Whittier  State  School  shall  turn  over  to  the  board  of  trustees  of  the  California 
school  for  girls  hereby  created,  the  custody  and  management  of  said  girls'  depart- 
ment, including  the  buildings  now  occupied  by,  and  all  property,  records  and  papers 
now  used  by  or  belonging  to,  said  girls'  department  or  any  of  its  inmates.  When  the 
said  school  for  girls  is  located  and  the  buildings  constructed  ready  for  occupancy,  the 
board  of  trustees  of  said  school  for  girls  shall  remove  all  girls  from  the  said  girls' 
department  of  the  Whittier  State  School,  whereupon  all  buildings  and  property,  except 
such  personal  property  as  has  been  purchased  for  the  express  use  of  the  girls,  shall 
revert  to  the  Whittier  State  SehooL. 

Controller's  warrant. 

§  16.  The  controller  of  the  state  is  hereby  directed  on  requisition  of  said  board,  duly 
audited  by  the  state  board  of  control,  to  draw  his  warrant  on  the  state  treasurer  in 
favor  of  said  board  for  any  moneys  duly  appropriated  to  pay  for  the  necessary  expendi- 
tures in  the  establishment  and  maintenance  of  said  school,  and  the  said  treasurer  is 
directed  to  pay  the  same  from  the  appropriations  provided  therefor. 

Construction  of  act.    Pay  to  inmates  authorized. 

^  17.  This  act  shall  be  construed  in  conformity  with  the  intent  as  well  as  the  express 
provisions  thereof,  and  shall  confer  upon  the  board  authority  to  do  all  those  lawful 
acts  which  it  deems  necessary  to  promote  the  prosperity  of  the  school  and  the  well 
being  and  education  of  its  inmates,  including  the  organization  of  trade  schools,  pur- 


!■. 


321  CALIFORNIA  STATE  REFORMATORY,  (Let  681,  §§  1-2 

chase  of  materials  for  use  therein,  the  doing  of  all  other  things,  not  prohibited,  which 
are  required  to  carry  out  the  purposes  of  this  act.  The  board  is  further  authorized  to 
pay  those  committed  to  said  school  small  weekly  or  monthly  sums  in  lieu  of  clothing 
and  other  necessary  articles,  if  in  its  judgment,  such  a  course  would  better  promote 
discipline  and  training.  Nothing  herein  contained,  however,  shall  permit  said  board  to 
incur  any  indebtedness  in  excess  of  the  appropriations  allowed  by  law  for  the  estab- 
lishment of  said  school. 

Girls'  department  at  Whittier  superseded. 

§  18.  It  is  the  purpose  of  this  act  that  the  school  hereby  established  shall  supersede 
and  supplant  the  girls'  department  of  the  Whittier  State  School  and  that  all  commit- 
ments of  girls  authorized  by  law  shall  be  made  to  the  California  School  for  Girls,  but 
girls  so  committed  shall  be  kept  under  the  control  of  the  said  California  School  for 
Girls  at  the  present  girls '  department  of  the  Whittier  State  School  until  the  school  pro- 
vided for  by  this  act  is  ready  for  the  reception  of  girls. 

The  amending  act  of  May  l4,  1917,  contained  the  following: 

Penalty  for  aiding  escapes. 

§  2.  Any  person  who  knowingly  perihits  or  aids  any  inmate  of  the  California  School 
for  Girls  to  escape  therefrom  or  conceals  her  with  the  intent  of  enabling  her  to  elude 
pursuit,  shall  be  guilty  of  a  misdemeanor.  Any  fugitive  from  said  schdol,  or  from  the 
parties  with  whom  she  has  been  placed  on  parole,  may  be  arrested  and  returned  to 
said  school  by  any  person,  upon  the  written  order  of  the  superintendent  thereof. 

Pensions  for  teachers  in  California  School  for  Girls,  see,  post.  Act  4550b. 

CHAPTER  47. 

CALIFORNIA  STATE  REFORMATORY. 

References:     See   tits.    "California    Industrial   Farm";    "California    School   for   GfrlB*; 
"Parole  of  Prisoners";  "Preston  School  of  Industry";  "Whittier  State  SchooL" 

CONTENTS  OF  CHAPTER. 

ACT  681.     "California  State  Eeformatory"  Act. 

682.     Arrest  op  Escaping  Inmates,  Power  of  OFncEES. 
^  683.     Control  and  Management  of  Napa  Land. 

"CALIFORNIA  STATE  REFORMATORY." 
ACT  681 — An  act  to  establish  the  California  State  Reformatory;  to  provide  for  pur- 
chase of  land  therefor;  and  the  construction  of  buildings  and  other  improvements  in 
connection  therewith;  to  provide  for  the  commitment  and  transfer  of  prisoners 
thereto  and  therefrom;  to  provide  for  the  equipment,  conduct  and  management 
thereof;  and  to  make  an  appropriation  therefor. 

History:     Approved   April   24,    1911,    Stats.   1911,  p.    1088. 

California  State  Reformatory. 

§  1.  There  is  hereby  established  a  reformatory  for  the  confinement,  discipline  and 
instruction  of  prisoners  committed  thereto  as  hereinafter  provided,  to  be  known  as  the 
California  State  Reformatory. 

Who  may  be  sent  to  reformatory.    Penal  Code,  section  1588,  not  applicable. 

$  2.  Any  male  person  not  less  than  sixteen  and  not  more  than  thirty  years  of  age  at 
the  time  of  sentence,  convicted  of  felony  for  the  first  time  may  be  sentenced  to  con- 
finement in  said  reformatory,  when  in  the  judgment  of  the  court  said  person  is  capable 
of  reformation  and  said  sentence  is  compatible  with  the  general  welfare,  and  the  sen- 
tence shall  designate  the  minimum  and  maximum  term  prescribed  by  law  for  the  par- 
Gen.  I^aws — 21 


I 


Kct  681,  §g  3-7  GISXKRAL   LAW'S.  322 

ticular  offense,  but  shall  fix  no  other  term;  provided,  however,  that  if  no  TninimiiTn  is 
fixed  bj'  law  the  court  shall  fix  a  minimum  of  one  year.  The  provisions  of  section  1588 
of  the  Penal  Code  relating  to  credits  for  good  conduct  shall  not  apply  to  prisoners  in 
the  state  reformatory. 

Prison  directors  to  manage.     Superintendent. 

$  3.  The  state  board  of  prison  directors  shall  manage  and  maintain  said  reformatory 
when  ready  for  occupancy  as  hereinafter  provided.  Said  board  shall  employ  a  super- 
intendent, who  shall  be  the  executive  head  of  said  reformatory,  and  shall  establish 
such  other  positions  as  the  needs  of  the  service  may  from  time  to  time  require.  Such 
positions  shall  be  filled  by  the  superintendent  in  the  manner  provided  by  law.  The 
board  may  consolidate  or  abolish  such  positions  and  may  fix  and  change  the  salaries 
to  be  paid. 

Rules.    Prisoners  examined. 

§  4.  The  board  of  prison  directors  shall  establish  the  rules  tinder  which  the  reform- 
atory shall  be  conducted  for  the  purpose  of  reformation  of  those  committed  to  it;  and 
tshall  adopt  such  methods  as  the  board  may  deem  expedient  to  restore  them  to  freedom 
MS  self-supporting  and  self-respecting  members  of  the  state.  Such  rules  shall  include 
provision  for  keeping  records  of  the  facts  known  of  each  prisoner  on  entrance  and  of 
Ais  conduct  anS  progress  at  such  intervals  as  the  board  may  fix.  Each  prisoner  on 
•ntrance  shall  be  thoroughly  examined  by  a  competent  physician  for  physical  or  mental 
lefects  or  abnormalities,  and  shall  be  provided  such  physical  and  surgical  treatment 
is  may  be  necessary  to  overcome  such  defects,  so  far  as  practicable. 

trades  for  prisoners. 

§  5.  The  board  of  prison  directors  shall,  by  rule,  establish  not  less  than  three  grades 
Eor  the  prisoners  committed  to  the  reformatory,  one  of  which  shall  be  the  entering 
prade.  The  board  shall  so  far  as  practicable  establish  rules  by  which  each  prisoner 
shall  be  promoted  to  a  higher  grade  or  reduced  to  a  lower  grade  in  accordance  with 
his  conduct. 

Parole. 

§  6.  The  board  of  prison  directors  shall  make  and  enforce  rules  governing  the  release 
of  prisoners  on  parole  and  their  conduct  while  on  parole  and  their  final  discharge,  and 
it  is  hereby  declared  the  policy  of  the  law  that  prisoners  in  said  reformatory  shall  be 
given  their  liberty  whenever  in  the  judgment  of  the  said  board  such  release  is  com- 
patible with  the  jDublic  welfare,  and  said  prisoner  will  conform  to  its  rules  concerning 
prisoners  on  parole  and  support  himself  by  honest  industry;  provided,  that  no  prisoner 
shall  be  released  before  the  expiration  of  the  minimum  term  fixed  by  law  for  the  offense 
of  which  he  was  convicted,  but  nothing  herein  contained  shall  be  construed  to  restrict 
the  power  of  the  governor  to  pardon  any  prisoner. 

Return  of  paroled  prisoner  whose  conduct  is  not  satisfactory. 

§  7.  Whenever  the  governor  of  the  state,  the  superintendent  of  said  reformatory,  or 
any  member  of  the  state  board  of  prison  directors  is  dissatisfied  with  the  conduct  of  a 
paroled  prisoner  he  may  issue  a  written  order,  reciting  the  commitment  and  parole  of 
said  prisoner  and  his  dissatisfaction  with  the  conduct  of  said  paroled  prisoner,  and 
directing  his  arrest  and  return  to  said  institution,  and  said  order  shall  be  a  sufficient 
warrant  for  any  parole,  probation  or  peace  officer  named  therein  to  arrest  and  deliver 
said  prisoner  to  any  officer  of  said  reformatorj-  for  return  thereto,  and  it  is  hereby  made 
the  duty  of  all  such  officers  to  execute  any  such  order  in  like  manner  as  a  warrant  of 
arrest  for  felony.  At  the  next  meeting  of  said  board  it  shall  determine  whether  or  not 
the  order  by  which  such  prisoner  was  placed   on  parole   shall   be   revoked.     If  any 


1 


323  CALIFORNIA   STATE  REFORMATORY.  Act  681,  §§  8-H 

prisoner  on  parole  shall  leave  the  state  without  permission  from  said  board  he  shall  be 
held  to  be  an  escaped  prisoner  and  shall  be  arrested  as  such. 

Final  release  of  prisoner. 

$  8.  The  board  of  prison  directors  may  give  a  final  release  to  any  prisoner  who  has 
fulfilled  the  conditions  required  of  him  in  the  reformatory  and  upon  parole,  when  in  the 
judgment  of  the  board  he  is  fitted  to  take  his  place  as  a  free  citizen  of  the  state,  and 
shall  have  power,  by  so  providing  in  the  order  of  release,  to  restore  said  prisoner  to  all 
the  rights  of  citizenship.  When  any  prisoner  shall  have  served  the  maximum  term  pro- 
vided by  law  for  the  offense  of  which  he  was  convicted  he  shall  thereupon  be  discharged. 
No  petition  or  other  form  of  application  for  the  parole  or  release  of  a  prisoner  shall  be 
entertained  by  the  board,  except  the  application  made  by  the  prisoner  himself. 

Incorrigible  prisoner  may  be  removed  to  prison. 

^  9.  The  board  of  prison  directors  may  establish  rules  by  which  any  prisoner  appear- 
ing to  be  incorrigible  may  be  removed  to  any  one  of  the  state  prisons.  Such  prisoner 
shall  serve  the  maximum  term  established  by  law  for  the  offense  of  which  he  was  con- 
victed, including  the  time  served  in  the  reformatory,  with  such  deductions  for  good  con- 
duct during  his  incarceration  in  such  prison  as  the  law  and  the  rules  of  the  prison  may 
allow. 

Prisoner  may  be  transferred  from  prison  to  reformatory. 

§  10.  The  board  of  prison  directors  may  transfer  from  the  state  prisons  to  said 
reformatory  any  prisoner  serving  his  first  term  for  felony  who  in  their  judgment  can 
be  reformed  and  restored  to  a  life  of  honest  industry.  Provided,  the  consent  of  the 
prisoner  to  be  bound  by  the  terms  of  this  act,  and  for  the  maximum  period  fixed  by  law 
for  the  offense  of  which  he  was  convicted  unless  sooner  discharged,  shall  be  first  pro- 
cured in  writing.  Said  prisoner  shall  thereafter  be  treated  in  all  respects  as  though 
originally  committed  to  said  reformatory. 

Prison  laws  applicable  to  reformatory. 

§  11.  The  laws  governing  the  state  prisons  of  this  state  in  relation  to  expenses  of 
transportation  of  prisoners  to  and  from  the  same,  escapes,  prevention  of  escapes,  sup- 
pression of  riots,  revolts,  mutinies,  or  insurrections,  and  the  punishment  of  crimes  com- 
mitted therein,  are  hereby  made  applicable  to  the  reformatory. 

Instruction  in  reformatory. 

§  12.  The  discipline  of  the  reformatory  shall  include  instruction  in  the  elementary 
school  courses  and  in  pursuits  by  which  the  prisoners  may  support  themselves  when 
released.  Said  instiniction  shall  chiefly  be  given  in  agriculture  and  horticulture  by  the 
best  methods  as  developed  by  the  University  of  California  and  the  department  of  agri- 
culture of  the  United  States.  Instruction  in  other  forms  of  labor  may  be  established 
in  the  discretion  of  the  board  of  prison  directors;  provided,  that  the  prisoners  shall  be 
distributed  among  the  various  trades  and  employments  so  that  no  excessive  number  be 
directed  to  any  trade  or  employment. 

Disposition  of  products. 

$  13.  Products  of  said  reformatory  shall  so  far  as  possible  be  supplied  for  state, 
county,  municipal,  school  or  other  public  use,  and  the  reformatory  shall  collect  or  be 
credited  with  the  fair  market  price  therefor.  No  manufactured  product  shall  be  sup- 
plied, sold,  exchanged  or  given  away  for  private  use  or  profit. 

Probation  officers  to  co-operate  in  getting  employment  for  paroled  prisoners. 

§  14.  The  probation  officers  of  the  state  shall  co-operate  with  the  state  board  of 
prison  directors  and  the  state  parole  officer,  in  procuring  emplo3'ment  for  and  super- 


Act  6S1,  gg  15-lT  GENERAL.   LAWS.  324 

vising  paroled  prisoners  and  the  probation  oflBcers  of  each  county  shall  act  as  parole 

officer  for  all  prisoners  on  parole  living  within  the  limits  of  their  county,  under  such 
general  rules  as  maj'  be  established  by  the  state  board  of  prison  directors  and  under  the 
supervison  of  the  state  parole  officer. 

Earnings  of  prisoners. 

^  1").  The  board  of  prison  directors  raay  allow  to  prisoners  such  proportion  of  their 
earnings  above  the  cost  of  the  maintenance  as  the  board  may  deem  proper. 

Commission  to  locate  reformatory.    Purchase  of  land.    Buildings. 

$  16.  A  commission  consisting  of  the  governor  of  the  state  of*  California,  the  lieu- 
tenant-governor of  the  state  and  three  other  persons,  to  be  selected  by  the  governor  of 
the  state,  is  hereby  constituted  a  commission  for  the  location  and  construction  of  said 
reformatory  as  hereinafter  more  particularly  provided.  Said  commission,  as  soon  after 
the  passage  of  this  act  as  possible,  shall  select  a  suitable  site  for  said  reformatory  of 
not  less  than  six  hundred  acres.  The  said  commission  is  directed  to  secure  land  sus- 
ceptible of  irrigation  if  necessary  and  suitable  for  the  agricultural  and  horticultural 
work  to  be  carried  on  by  the  prisoners.  When  a  suitable  site  is  selected  by  said  com- 
mission they  are  hereby  authorized  and  empowered  to  purchase  the  land  so  selected, 
together  with  water  and  water  rights  appertaining  thereto,  and  if  necessary  shall  pur- 
chase additional  water  rights  or  make  provision  for  the  development  of  water  for  use 
on  said  land.  The  purchase  price  of  said  land  may  be  made  payable  in  installments 
out  of  the  appropriations  hereinafter  provided,  as  may  be  agreed  between  said  commis- 
sion and  the  owner  or  owners  of  said  land.  Title  to  the  land  shall  be  taken  in  the  name 
of  the  state  of  California  and  first  payment  therefor  shall  be  made  at  the  time  of  the 
delivery  of  deed  or  deeds  by  the  owner  or  owners  to  the  governor  of  the  state  of  Cali- 
fornia for  and  on  behalf  of  the  state.  The  said  commission  shall  adopt  plans  for  the 
fmiJdings  to  be  erected  upon  said  land  for  said  reformatory  to  accommodate  not  less 
than  one  thousand  prisoners,  and  may  employ  architects  or  engineers  or  both  in  the 
preparation  of  said  plans,  and  in  the  construction  of  said  buildings.  The  said  commis- 
sion is  authorized  to  employ  and  fix  the  compensation  of  such  free  labor  and  skilled 
assistants  as  may  be  needed  in  the  erection  of  such  buildings  and  shall  so  far  as  possible 
utilize  the  labor  of  prisoners  in  said  construction  as  hereinafter  provided. 

Prisoners  to  aid  in  constructing  reformatory.  Temporary  buildings.  Supervision  of 
prisoners  at  work.  Compensation  of  prisoners.  Prison  directors  to  provide  food, 
etc.    Appropriation. 

^  17.  The  state  board  of  prison  directors  shall  on  the  request  of  the  said  commission 
furnish  a  list  of  not  less  than  one  hundred  (100)  nor  more  than  three  hundred  (300) 
prisoners  in  San  Quentin  and  Folsom  state  prisons,  who  would  be  available  for  use  in 
the  construction  of  said  reformatory.  In  the  selection  of  such  men  for  said  list  the 
board  of  prison  directors  shall  name  those  men  who  are  skilled  in  building  and  who 
have  shown  themselves  active  and  energetic,  and  so  far  as  possible  shall  name  those 
who  under  the  rules  of  the  said  board  of  prison  directors  would  be  entitled  to  parole  on 
or  before  the  completion  of  the  buildings  of  said  reformatory,  as  estimated,  and  who 
would  be  suitable  for  transfer  to  said  reformatory  upon  its  completion.  From  this  list 
so  submitted  as  aforesaid,  the  state  board  of  prison  directors  shall  designate  those  to  be 
employed  in  constructing  the  buildings  of  said  reformatory,  and  upon  such  designation 
said  board  of  prison  directors  shall  cause  to  be  transported  to  the  location  selected  for 
said  reformatory  said  prisoners  in  such  numbers  and  at  such  times  as  may  be  required 
by  said  commission.  Temporary'  buildings  may  be  erected  for  housing  said  prisoners 
while  engaged  in  said  work  of  construction.  The  state  board  of  prison  directors  is 
authorized  and  directed  to  employ  a  superintendent  and  necessary  guards  while  engaged 


325  CALIFORMA   STATE  REFORMATORY.  Act  CS2,  §  1 

in  said  construction  and  particularly  to  have  charge  of  them  during  the  hours  they  are 
not  actually  engaged  upon  the  buildings  of  the  said  reformator}-. 

During  the  hours  that  said  prisoners  are  actually  engaged  in  work  of  construction  of 
said  building  they  shall  be  under  the  supervision  and  direction  of  those  oflScers  and 
foremen  employed  by  said  commission  to  erect  said  buildings.  At  any  time  during  the 
progress  of  said  work,  prisoners  engaged  therein  who  have  shown  themselves  unfit  to 
work  under  the  conditions  herein  provided,  shall  be  returned  to  the  state  penitentiary 
on  orders  of  the  board  of  prison  directors,  and  any  prisoner  who  makes  his  escape  from 
such  employment  shall  be  returned  to  the  state  prison  from  which  he  was  originally 
transferred.  The  state  board  of  prison  directors  shall  have  the  same  jurisdiction  to 
parole  prisoners  engaged  in  this  work  as  any  other  prisoners  in  any  other  state  prison, 
and  shall  make  such  rules  concerning  their  custody  and  discipline  while  engaged  in 
said  work  as  may  be  necessary. 

The  state  board  of  prison  directors  may  fix  the  compensation  to  be  paid  to  said 
prisoners  for  their  work  while  constructing  said  buildings,  not  to  exceed  twenty-five 
cents  per  day,  such  money  to  be  paid  to  said  prisoners  upon  their  parole  or  final  dis- 
charge, from  the  money  hereinafter  appropriated,  unless  the  board  declares  said  amount 
forfeited  by  bad  conduct. 

The  state  board  of  prison  directors  shall  provide  the  necessary  food,  clothing  and 
transportation  for  said  prisoners  while  engaged  in  said  work,  to  be  paid  upon  their 
order  by  the  state  board  of  examiners  from  the  moneys  herein  appropriated  for  the  con- 
struction of  said  reformatory  buildings. 

There  is  hereby  appropriated  for  the  purpose  of  carrying  into  effect  the  provisions  of 
this  law  the  sum  of  one  hundred  and  fifty  thousand  dollars;  five  thousand  dollars  to  be 
available  Jvdy  1,  1911,  and  one  hundred  and  forty-five  thousand  dollars  to  be  available 
July  1,  1912. 

Governor  to  publish  proclamation  when  reformatory  is  ready  to  receive  prisoners. 

Termination  of  commission. 

§  18.  Whenever  the  buildings  are  so  far  completed  as  in  the  judgment  of  said  com- 
mission to  be  available  to  receive  prisoners  committed  by  the  court,  a  proclamation  to 
that  effect  shall  be  published  by  the  governor  and  thereafter  the  courts  may  commit 
prisoners  to  the  said  reformatory  in  the  manner  hereinafter  provided,  and  during  the 
progress  of  said  work  shall  be  treated  in  the  same  manner  as  the  prisoners  transferred 
by  [from]  the  state  prisons  as  herein  provided ; 

Provided,  further,  that  on  January  1,  1915,  the  commission  hereinbefore  provided 
shall  terminate.  Thereupon  the  state  board  of  prison  directors  shall  take  charge  of  said 
reformatory  and  be  vested  with  the  powers  hereinbefore  conferred  upon  the  said  com- 
mission, and  thereafter  all  further  construction  and  expenditure  shall  be  under  their 
direction  and  control. 

$  19.     This  act  shall  take  effect  immediately. 

ARREST  OF  ESCAPING  INMATES. 

ACT  682 — An  act  relating  to  the  powers  and  privileges  of  ofiicers  and  employees  of 

state  reformatories  in  arresting  pupils  who  have  escaped  or  been  rescued  therefrom. 

History:     Approved  May  5,  1915.     In  effect  August  8,  1915.     Stats. 
1915,  p.  357. 

Officers  of  reformatories  may  arrest  escaped  pupils. 

§  1.  The  ofiicers  and  employees  of  the  state  reformatories  shall  have  the  powers 
and  privileges  of  peace  officers  in  so  far  as  it  inay  be  necessarj-  to  exercise  such  i)owers 
and  privileges  for  the  purpose  of  arresting  pupils  who  have  escaped  or  been  rescued 
from  a  state  reformatory^ 


Acts  6S3, 692  GENERAL.  LAWS.  826 

COXTROL  AND  MANAGEMENT  OF  NAPA  LAND. 

ACT  683 — An  act  providing  for  the  control  and  management  of  a  tract  of  land  owned 

by  the  state  of  California  and  situated  in  the  county  of  Napa,  in  said  state. 

History:  Approved  May  5,  1917.  In  effect  July  27,  1917.  Stats. 
1917,  p.  250. 

Board  of  control  to  manage  land  in  Napa  county. 

$  1.  The  board  of  control  of  the  state  of  California  is  hereby  authorized  and  directed 
to  take  charge  of,  manage  and  farm  for  the  use  and  benefit  of  the  state  and  its  institu- 
tions, all  of  the  certain  tract  of  land  with  all  improvements  and  appurtenances  thereto 
attached,  and  formerly  known  as  the  * '  Fry  Ranch, '  *  which  said  tract  of  land  is  situated 
near  the  town  of  Rutherford  in  the  county  of  Napa,  state  of  California,  and  being  that 
certain  property  purchased  by  the  state  under  the  provisions  of  an  act  of  the  legisla- 
ture of  the  state  of  California  entitled:  "An  act  to  establish  the  California  State 
Reformatory;  to  provide  for  the  purchase  of  land  therefor  and  the  construction  of 
buildings  and  other  improvements  in  connection  therewith;  to  provide  for  the  commit- 
ment and  transfer  of  prisoners  thereto  and  therefrom;  to  provide  for  the  equipment, 
conduct  and  management  thereof;  and  to  make  an  appropriation  therefor,"  approved 
April  24.  1911. 

Use  of  water. 

§  2.  Said  board  of  control  shall  have  power  to  take  and  conduct  therefrom  for  the 
use  and  benefit  of  the  state  of  California  such  quantity  of  water  as  may  be  determined 
by  the  state  engineer  to  be  necessary  for  the  use  of  the  Veterans'  Home  at  Yountville 
and  the  Napa  State  Hospital,  both  in  the  county  of  Napa,  and  to  acquire  rights  of 
way  by  purchase,  lease  or  condemnation  for  such  purpose. 

Use  for  agricultural  purposes. 

^  3.  In  carrying  out  the  provisions  of  this  act  the  board  of  control  shall  have  power 
if  it  shall  be  deemed  advisable,  to  co-operate  with  the  governing  board  of  any  state 
institution  for  the  purpose  of  utilizing  said  property  for  agricultural  or  horticultural 
purposes  or  as  a  stock  or  dairy  farm  and  to  transfer  to  and  maintain  upon  said  property 
any  stock  cattle,  cows,  or  other  animals  now  owned  or  hereafter  acquired  by  any  of 
such  institutions  and  to  distribute  to  such  institutions  by  arrangement  therewith  the 
product  of  said  property  or  of  the  animals  maintained  thereon. 

Prisoners,  etc.,  not  to  be  kept  on  property. 

§  4.  From  and  after  the  passage  of  this  act,  no  person  shall  be  committed  by  any 
court  to  imprisonment  or  confinement  upon  said  property  in  the  county  of  Napa,  and 
no  prisoner  from  any  state  prison  or  reformatory,  and  no  patient  from  any  state 
hospital  for  the  insane,  shall  be  transferred  to,  kept,  housed  or  retained  upon  said 
property  by  the  state  board  of  control,  or  by  the  superintendent  or  governing  officer 
or  board  of  any  such  institution. 

CHAPTER  48, 

CALIFORNIA  STATUTES,  INDEX  TO. 

CONTENTS  OF  CHAPTER. 
ACT  692.    CoMPii^TioN,  Publication,  and  Distribution. 

COMPILATION,  PUBLICATION  AND  DISTRIBUTION. 
ACT  692 — An  act  providing  for  the  publication  of  an  index  of  the  laws  of  California, 
and  making  an  appropriation  therefor. 

History:  Approved  May  23,  1919.  In  effect  July  23,  1913  [1919]. 
Stats.  1919,  p.  926.  Former  acts  on  same  subject.  Act  of  March  18, 
1907,  Stats.  1907,  p.  572;   March  11,  1S03,  Stats.  ]S93,  p.  150. 


^1 


327  CAHFORNIA    VOLUNTEERS.  Acta  696. 702 

Index  to  laws  of  California. 

§  1.  The  legislative  counsel  is  hereby  directed  to  prepare  for  publication  and  the 
superintendent  of  state  printing  is  hereby  directed  to  print,  bind  and  distribute  in 
accordance  with  the  directions  hereof,  two  thousand  copies  of  an  index  of  the  con- 
stitution and  laws  of  this  state,  including  the  laws  enacted  by  the  legislature  at  its 
forty-third  session. 

Distribution. 

§  2.  One  copy  of  said  index  shall  be  distributed  to  each  member  of  the  legislature  and 
to  each  state  officer,  and  the  balance  of  the  copies  printed  shall  be  offered  for  sale  to 
the  public  at  a  price  sufficient  to  cover  the  cost  of  publication  and  distribution,  all 
receipts  to  be  paid  into  the  state  treasury. 

Appropriation. 

$  3.  Out  of  any  money  in  the  state  treasury  not  otherwise  appropriated,  there  is 
hereby  appropriated  the  sum  of  six  thousand  dollars  to  carry  out  the  provisions  hereof. 

CHAPTER  49. 
CALIFORNIA  VOLUNTEERS. 

CONTENTS  OF  CHAPTER. 
ACT.  696.    Eevision  of  Eecords  Or. 

REVISION  OF  RECORDS. 
ACT  696 — An  act  to  provide  for  the  revision  of  the  records  of  the  California  volunteers, 
to  authorize  the  adjutant-general  to  employ  additional  clerks  for  that  purpose,  and 
to  authorize  the  superintendent  of  state  printing  to  print,  bind  and  issue  the  same. 

History:     Approved   March   16,   1889,   Stats.   1889,  p.  228. 
Tbc   nature  of  tliia   act   appears  from    its  title. 

CALIPATRIA. 

See  Act  3094,  note. 

CALISTOGA. 

See  Act  3094,  note. 

CHAPTER  50. 

CANALS. 

References:  Drainage,  canalization  of  rivers,  etc.,  see  tits.  "Drainage  Districts";  "Sac- 
ramento and  San  Joaquin  Drainage  District." 

Fish  screens  in  canals,  see  Kerr's  Cyc.  Penal  Code,  §  629. 

Malicious  injury  to,  or  taking  water  from  canals,  see  Kerr's  Cyc.  Penal  Code 
§§  592,  607. 

Opening  private  ways  for  canals,  see  Kerr's  Cyc.  Political  Code,  §  2692. 

Procedure  for  highway  crossings,  see  Kerr's  Cyc.  Political  Code,  §  2694. 

CONTENTS  OF  CHAPTER. 
ACT  702.    Sacramento  Irrigation  and  Navigation  Canal  Company. 

SACRAMENTO  IRRIGATION  AND  NAVIGATION  CANAL  COMPANY. 
ACT  702— An  act  to  develope  the  agricultural  interests  and  to  aid  in  the  construction 
of  a  canal  for  the  purposes  of  irrigation  and  inland  trade  in  the  counties  of  Colusa, 
Yolo,  and  Solano. 

History:     March   26,   1866.   Stats.   1865-66,  p.   451. 


Acts  700-714                                                          GENERAL  LAWS.  S2S 

This  act  provided  for   the  organization  of  of  Madera  v.  Madera  Irr.  Dist.,  159  Cal.  749, 

a  canal   company   to   construct   an    irrigation  754,   115  Pac.  936. 

and   navigation   canal   from    the    Sacramento  Incorporation     of     canal     companies. —  St» 

river    at    a    point    near    the    county    line    of  Kerr's  Cyc.  Civil   Code,   §§  283-410. 

Colusa  and  Tehama  counties  to  Cache  creek  Rlelit-s,    duties    and    obliKatlona    of    canal 

in  Solano  county.  companies. — See      Kerr's     Cyc.     Civil     Code, 

Duty    of    canal    ovvner    to    construct    and  §§  54S-552,   and   1410b. 
maintain  klshivay  and  other  crossings:  City 


CHAPTER  51. 

CAPITOL. 

References:     Rules  for   government  of  capitol,   see  Kerr's  Cyc.   Political  Code,   1 717. 
State  Capitol  Commissioners,  see  Kerr's  Cyc.  Political  Code,  §  366. 
Superintendent,   clerks,  engineers  and  other  employees,  see  Kerr's  Cyc.  Political 

Code,  §§  716,  et  seq. 
Sale  of  intoxicating  liquor  in,  see  Kerr's  Cyc.  Penal  Code,  §  172. 

CONTENTS  OF  CHAPTER. 

ACT  709.  Salary  and  Duties  of  Janitob. 

710.  Drinking  Fountains. 

712.  State  Capitol  Bonds. 

713.  Permanent  Employees. 

714.  Eepair  of  Capitol  Building. 

715.  Decoration  of  Eotunda. 

716.  State  Capital  Planning  Commission. 

SALARY  AND  DUTIES  OF  JANITOR. 
ACT  709 — An  act  fixing  the  salary  of  the  janitor  of  the  state  capitol  "building,  defining 
his  duties,  and  making  an  appropriation  therefor.  ^., 

History:     Approved  February  27,  1893,  Stats.  1893,  p.  46.  1 

DRINKING  FOUNTAINS.  ^ 

ACT  710 — An  act  making  an  appropriation  for  establishing  and  maintaining  drinking 

fountains  in  the  state  capitol  grounds  at  Sacramento. 

History:     Became  a  law  under  constitutional  provision  without  gov- 
ernor's approval,  March  15,  1901.     Stats.  1901,  p.  298. 

STATE  CAPITOL  BONDS. 
ACT  712 — An  act  authorizing  the  issuance  of  state  bonds  to  the  amount  of  $250,000,  to 
be  known  as  state  capitol  bonds  of  1872.     (Approved  March  28,  1872.     Stats.  1871- 

1872,  p.  694.) 

History:     Approved  March  28,  1872,  Stats.  1871-72,  p.  694. 

PERMANENT  EMPLOYEES. 

ACT  713 — An  act  authorizing  the  appointment  of  certain  permanent  employees  of  the 

state  capitol,  and  fixing  their  compensation. 

History:     Approved  March  30,  1874,  Stats.  1873-74,  p.  937.     Amended 
April  16,  1880,  Stats.  1880,  p.  107;  March  20,  1889,  Stats.  1889,  p.  449. 

Superseded  In  part.  —  See  Kerr'a  Cyc.  Po-       As  to  duties  and  salary  of  janitor,  see,  ante, 
Iltical  Code,   §§  718.   719.     If  it  is  in  force  at       Act  709. 
all,  only  the  provision  as  to  janitor  remains. 

REPAIR  OF  CAPITOL  BUILDING. 
ACT  714 — An  act  authorizing  and  directing  the  board  of  state  capitol  commissioners  to 
remodel  and  repair  the  state  capitol  building,  making  the  same  fireproof,  rendering 
aU  space  therein  available,  and  making  an  appropriation  therefor. 

History:     Approved  March  18,  1905,  Stats.  1905,  p.  177. 


329  CAPITOL.  Acts  715, 716,  §§  1-3 

DECORATION  OF  ROTUNDA. 

ACT  715 — An  act  providing  for  the  decoration  of  the  rotunda  on  the  main  or  ground 

floor  of  the  state  capitol  huilding  and  making  an  appropriation  therefor. 

History:     Approved  May  20,  1913.     In  effect  August  10,  1913.     Stats. 
1913,  p.  237. 

STATE  CAPITAL  PLANNING  COMMISSION. 
ACT  716 — An  act  to  provide  for  the  appointment  of  a  state  capital  planning  commis- 
sion to  formulate  plans  for  the  capital  city  of  the  state  and  to  confer  with  the  city 
planning  commission  of  the  state  capital  city. 

History:     Approved  June  12,  1915.     In  effect  August  11,  1915.     Stats. 
1915,  p.  1514. 

State  capital  planning  commission  created. 

5  1.  There  shall  be  a  state  capital  planning  commission  composed  of  the  governor, 
and  state  librarian,  ex  officio  members  and  three  members  to  be  appointed  by  the  gov- 
ernor, at  least  one  of  whom  shall  be  a  recognized  expert  in  the  planning  of  cities  and 
towns.  Appointive  members  of  this  commission  shall  serve  without  pay  and  shall  hold 
office  in  the  first  instance  for  terms  respectively  for  two  years,  four  years,  and  six 
years  and  until  their  successors  have  been  appointed  and  qualified.  Their  successors 
shall  serve  for  terms  of  six  years  each  and  appointment  to  fill  a  casual  vacancy  shall 
be  only  for  the  unexpired  portion  of  the  term.  Three  shall  be  a  quorum.  They  may 
make  and  alter  rules  and  regulations  for  their  own  procedure  consistent  with  the  laws 
of  the  state.  They  shall  consider  all  matters  in  city  planning  affecting  the  future  needs 
of  the  state  and  the  relation  of  the  state  plans  to  those  of  the  capital  city. 

Powers  and  duties. 

§  2.  They  shall  confer  and  advise  with  the  city  planning  body  of  the  capital  city 
concerning  all  matters  affecting  the  metropolitan  district  in  and  about  the  said  capital 
city  and  for  a  distance  within  fifteen  miles  outside  the  corporate  limits  of  the  said  city. 
They  shall  make  recommendations  to  the  governing  bodies  of  all  political  units  within 
this  area  and  to  the  governor  with  regards  to  all  matters  of  interest  to  the  state  in  and 
concerning  its  capital  city  with  reference  to  its  system  of  roads,  boulevards  and 
thoroughfares,  street  railway  systems,  smoke  prevention,  parks,  parkways  and  play- 
grounds, water  supply,  sewage  and  sewage  disposal,  collection  and  disposal  of  garbage, 
civic  centers,  or  of  other  natural  or  artificial  physical  features  of  the  district,  and  of 
location  proposed  by  it  for  any  new  or  enlarged  thoroughfares,  street  railway  system., 
union  depot,  parks,  parkways,  playgrounds,  water  supply  system,  sewers,  sewage  dis- 
posal plant,  garbage  disposal  plant  and  civic  centers,  or  any  other  public  improvement 
that  will  affect  the  character  of  the  district  as  a  whole,  to  political  units  within  the 
district.  It  may  make  recommendations  to  the  state,  city  or  district  governmental 
authorities,  from  time  to  time  concerning  any  such  matters  or  things  aforesaid  for 
action  by  the  respective  legislative,  administrative  or  governing  bodies  thereof.  In  so 
doing  they  shall  have  regard  for  the  present  conditions  and  future  needs  and  growth  of 
the  district,  and  the  distribution  and  relative  location  of  all  the  principal  and  other 
streets  and  railways,  waterways,  and  all  other  means  of  public  travel  and  business  com- 
munication, as  well  as  the  distribution  and  relative  location  of  all  public  buildings, 
public  grounds  and  open  spaces  devoted  to  the  public  use,  and  the  planning  and  laying 
out  for  urban  uses  of  private  grounds  brought  into  the  market  from  time  to  time. 

Report. 

^)  3.  The  state  capital  planning  commission  shall  make  an  annual  report  to  the  gov- 
ernor which  the  secretary  of  the  state  shall  cause  to  be  jjrinted  as  a  public  document  and 


Acts  717-721  GENERAL  LAWS.  330 

copies  of  this  report  shall  be  filed  with  each  and  every  governing  body  in  the  district 
under  supervision. 

Permanent    location    of    the    state    capital.  Toll     bridge    over    Carqainex    straits,    not 

— See   act  of  February   25,    1854,   Stats.    1854,  permitted. — See    Kerr's    Cyc.    Political    Code, 

p.   7,  and   constitution,  article  XX,   §  1.  §  2872. 

War  memorial  room  in  capitol  building.—  Railroad  bridge — See,  ante.  Act  653. 
S«>e,  post,  Act  5465a. 

CARMEL-BY-THE-SEA. 

See  Act  3094,  note. 

CHAPTER  52. 

CARQUINEZ  STRAITS. 

CONTENTS  OF  CHAPTER. 
ACT  717.    Disposition  of  Certain   Property. 

ACT  717 — An  act  providing  for  the  disposition  of  certain  property. 

History:  Approved  April  21,  1851,  Stats.  1851,  p.  305.  Amended 
April  24,  1917.     In  effect  July  27,  1917.     Stats.  1917,  p.  193. 

CHAPTER  53. 

CEMETERIES. 
References:     Cemetery  corporations,  in  general,  see  Kerr's  Cyc.  Civil  Code,  §§  608,  etseq. 
Defacing  tombs,  etc.,  see  Kerr's  Cyc.  Penal  Code,  §  296. 
Disinterment,   in  connection  with  the  preservation  of  the  public  health,  see  post 

Act  3677. 
Disinterment  without  authority  of  law,  see  Kerr's  Cyc.  Penal  Code,  §§  290,  et  seq. 
Interment,  in  connection  with  vital  statistics,  see  post  Act  5446. 
Interment  in  cities,  see  Kerr's  Cyc.  Penal  Code,  §  297. 
Soldiers  and  sailors,  care  and  preservation  of  bodies  of  deceased,  see  tit,  "Soldiers 

and  Sailors." 
Streets  through  cemeteries,  opening,  see  tit.  "Streets." 

Unlawful  mutilation  or  removal  of  dead  bodies,  see  Kerr's  Cyc.  Penal  Code,  §§290, 
291. 

CONTENTS  OF  CHAPTER. 
ACT  720.     Protection  of  Bodies  of  Deceased  Persons. 

721.  Disinterment. 

722.  Removal  From  Cemeteries  in  Cities. 

724.  Cemetery  Districts. 

725.  Execution  of  Deeds  by  Cemetery  Corporations. 

726.  Incorporation  of  Rural  Cemetery  Associations. 

727.  Same.    Supplementary  Act. 

PROTECTION  OF  BODIES  OF  DECEASED. 
ACT  720 — To  protect  the  bodies  of  deceased  persons  and  public  graveyards.     (Stats. 
1854,  p.  20.) 

History:     Passed  February  16,  1854,  Stats.  1854.  p.  20.     Superseded 
as  to  §§1  and  2,  by  the  Penal  Code.     See  Kerr's  Cyc.  Penal  Code, 
§§  290,  296. 
Liocation  on  public  lands. — Graveyards  lo-  Still    In    force. — Sections    3    and    4    of    this 

cated   on   public   lands   not   to   contain   more        act  are  apparently  in   force, 
than  five  acres   (§3).  Superseded  in  part. — See  Kerr's  Cyc.  Penal 

Public    graveyard. — Where     six     or     more        Code,  §§  290,   et  seq.  fl 

persons  buried    (§  4).  9 

DISINTERMENT. 
ACT  721 — An  act  to  protect  public  health  from  infection  caused  by  exhumation  and 
removal  of  the  remains  of  deceased  persons. 

History:  Approved  April  1,  1878.  Stats.  1877-78,  p.  1050.  Amended 
March  13.  1889,  Stats.  1889,  p.  139;  April  5,  1917.  In  effect  July  27, 
1917.     Stats.  1917,  p.  36. 


i 


331  CEMETERIES.  Act  721,  §§  1-5 

Disinterring  of  bodies  unlawful  witlxout  permit. 

§  1.  It  shall  be  unlawful  to  disinter  or  exhume  from  a  grave,  vault,  or  other  burial 
place,  the  body  or  remains  of  any  deceased  person,  unless  the  person  or  persons  so 
doing  shall  first  obtain,  from  the  board  of  health,  health  officer,  mayor,  or  other  head  of 
the  municipal  government  of  the  city,  town,  or  city  and  county  where  the  same  are 
deposited,  a  permit  for  said  purpose.  Nor  shall  such  body  or  remains  disinterred, 
exhumed,  or  taken  from  any  grave,  vault,  or  other  place  of  burial  or  deposit,  be  removed 
or  transported  in  or  through  the  streets  or  highways  of  any  city,  town,  or  city  and 
county,  unless  the  person  or  persons  removing  or  transporting  such  body  or  remains 
shall  first  obtain,  from  the  board  of  health  or  health  officer  (if  such  board  or  officer 
there  be),  and  from  the  mayor  or  other  head  of  the  municipal  government  of  the  city  or 
town,  or  city  and  county,  a  permit,  in  Avriting,  so  to  remove  or  transport  such  body  or 
remains  in  and  through  such  streets  and  highways. 

Provisions  for  disinterring  remains. 

$  2.  Permits  to  disinter  or  exhume  the  bodies  or  remains  of  deceased  persons,  as  in 
the  last  section,  may  be  g^ranted;  provided,  the  person  applying  therefor  shall  produce 
a  certificate  from  the  coroner,  registrar,  the  physician  who  attended  such  deceased  per- 
son, or  other  physician  in  good  standing  cognizant  of  the  facts,  which  certificate  shall 
state  the  cause  of  death  or  disease  of  which  the  person  died,  and  also  the  age  and  sex 
of  such  deceased ;  and  provided,  further,  that  the  body  or  remains  of  deceased  shall  be 
inclosed  in  a  metallic  case  or  coffin,  scaled  in  such  manner  as  to  prevent,  as  far  as 
practicable,  any  noxious  or  offensive  odor  or  effluvia  escaping  therefrom,  and  that  such 
case  or  coffin  contains  the  body  or  remains  of  but  one  person,  except  where  the  infant 
children  of  the  same  parent  or  parents,  or  parent  and  children  are  contained  in  such 
ease  or  coffin.     And  the  permit  shall  contain  the  above  conditions  and   the  words 

"Permit  to  remove  and  transport  the  body  of  age   ,  sex 

,"  and  the  name,  age,  and  sex  shall  be  written  therein.     [Amendment  of 

April  5, 1917.    In  effect  July  27, 1917.    Stats.  1917,  p.  36.] 

Misdemeanor. 

$  3.  Any  person  or  persons  who  shall  disinter,  exhume,  or  remove,  or  cause  to  be 
disinterred,  exhumed,  or  removed,  from  a  grave,  vault,  or  other  receptacle  or  burial 
place,  the  body  or  remains  of  a  deceased  person,  without  a  permit  therefor,  shall  be 
guilty  of  a  misdemeanor  and  be  punished  by  a  fine  not  less  than  fifty  nor  more  than  five 
hundred  dollars,  or  by  imprisonment  in  the  county  jail  for  not  less  than  thirty  days 
nor  more  than  six  months,  or  by  both  such  fine  and  imprisonment.  Nor  shall  it  be 
lawful  to  receive  such  body,  bones,  or  remains  on  any  vehicle,  car,  barge,  boat,  ship, 
steamship,  steamboat,  or  vessel  for  transportation  in  or  from  this  state,  unless  the 
permit  to  transport  the  same  is  first  received,  and  is  retained  in  evidence  by  the  owner, 
driver,  agent,  superintendent,  or  master  of  the  vehicle,  car,  or  vessel. 

Transportation  of  bodies  exhumed  without  permit — Misdemeanor. 

^  4.  Any  person  or  persons  who  shall  move  or  transport,  or  cause  to  be  moved  or 
transported,  on  or  through  the  streets  or  highways  of  any  city  or  town,  or  city  and 
county,  of  this  state,  the  bodj'  or  remains  of  a  deceased  person,  which  shall  have  been 
disinterred  or  exhumed  without  a  permit,  as  described  in  section  2  of  this  act,  shall  be 
guilty  of  a  misdemeanor,  and  be  punishable  as  provided  in  section  3  of  this  act. 

Reward  for  information. 

§  5.  Any  person  who  shall  give  information  to  secure  the  conviction  of  any  person  or 
persons  for  the  violation  of  the  provisions  of  this  act  shall  be  entitled  to  receive  the 
sum  of  twenty-five  dollars,  to  be  paid  from  the  fund  collected  from  fines  imposed  and 
accruing  under  this  act. 


Acts  732,  724,  g  1 


GENERAL.   LAWS. 


Removal  of  remains  of  deceased  persons. 

$  6.  Nothing  in  this  act  contained  shall  be  taken  to  apply  to  the  removal  of  the 
remains  of  deceased  persons  from  one  place  of  interment  to  another  cemetery  or  place 
of  interment  within  this  state ;  provided,  that  no  permit  shall  be  issued  for  the  disinter- 
ment or  renewal  of  any  body,  unless  such  body  has  been  buried  for  one  year  or  more, 
without  the  written  consent  of  the  mayor,  chairman  of  the  board  of  supervisor,  or  city 
council  of  any  municipality  of  the  state.  [Amendment  approved  March  13, 1889.  Stats. 
1889,  p.  130.    In  effect  immediately.] 

§  7.  This  act  shall  take  effect  and  be  in  force  from  the  thirtieth  day  after  its  passage 
and  approval. 


1.  Construction — Protection  of  thickly 
populated  centers. — The  act  is  aimed  in  the 
main  only  at  protecting  the  inliabitants  of 
the  more  thickly  populated  portions  of  the 
state,  to  wit  the  inhabitants  of  cities,  towns, 
and  cities  and  counties,  from  the  dangers 
from  exhumation  and  transportation  of  dis- 
interred bodies  of  deceased  persons. — Ex 
parte  John,  17  Cal.  App.   58,  118  Pac.  722. 

2.  County  ordinance  of  San  Mateo  county 
requiring  permit  for  disinterment,  based  on 
certificate  of  health  officer,  and  payment  of 
a  ten-dollar  fee,  held  a  valid  ordinance  and 


not  in  conflict  with  state  law. — Ex  parte 
Lee  John,   17  Cal.  App.   58,   118  Pac.   722. 

3.     Repeal  of  code  provision The  act  does 

not  repeal  section  290,  Penal  Code,  making  it 
a  felony  to  disinter  a  dead  body  without 
authority  of  law. — People  v.  Dalton,  58  Cal. 
226. 

Disinterment  In  cities  having  a  population 
of  more  than  five  thousand  (fifteen  hundred) 
and  not  exceeding  one  hundred  thousand. — 
See,    post.   Act    722. 

Prohibition  of  interments  In  the  limits  of 
municipalities. — See,    post,   Act    726,    notes. 


REMOVAL  FROM  CEMETERIES  IN  CITIES. 
ACT  722 — Providing  for  the  removal  of  human  remains  from  cemeteries  in  cities  having 
a  population  of  more  than  five  thousand  [fifteen  hundred]  and  not  exceeding  one 
hundred  thousand. 


History:     Approved  March  23,  1893,   Stats.  1893,  p.  234. 
March  26,  1895,  Stats.  1895,  p.  157. 


Amended 


City  council  to  provide  for  removal  of  remains  in  certain  cases. 

^  1.  The  city  council  of  any  city  in  this  state  having'  a  population  of  more  than 
fifteen  hundred  and  not  exceeding  one  hundred  thousand,  may,  by  ordinance  duly 
passed,  and  under  such  lawful  rules  and  regulations  which  it  may  adopt,  provide  for  the 
exhuming,  taking  up,  and  removal  from  cemeteries  within  the  boundary  lines  of  such 
city,  or  from  cemeteries  owned  and  controlled  by  such  city  that  may  have  been  located 
without  its  boundaries  (and  in  which  such  cemeteries  no  interments  of  human  remains 
have  been  made  for  a  period  of  not  less  than  two  years),  of  all  the  human  remains 
interred  in  such  cemeteries.     [Amendment  of  March  26,  1895.    Stats.  1895,  p.  157.] 


Minimum. — The  original  act  fixed  the 
minimum   population   at    5000. 

The  con.stitutionality  of  the  foregoing 
statute  may  be  considered  in  connection 
with:  Darcy  v.  Mayor,  etc.,  104  Cal.  642, 
38  Pac.  500;  Marsh  v.  Supervisors,  etc..  Ill 
Cal.  368,  370,  43  Pac.  975;  Ex  parte  Giam- 
bonini,  117  Cal.  573,  574,  49  Pac.  732;  Kerr's 
Cyc.  Penal  Code,  §  290;  Kerr's  Cyc.  Political 
Code.  §3027;  People  v.  Dalton,  58  Cal.  226. 


As  to  municipal  control  dedication  to 
cemetery  or  other  purposes,  or  enforcing  re- 
moval of  bodies,  see  San  Francisco  v.  Cana- 
van,  42  Cal.  541,  554;  "Weisenberg  v.  Truman, 
58  Cal.   63. 

Disinterment. — See,  ante.  Act  721. 

Prohibition  of  interments  in  aianlcipal 
limits. — See,  post.  Act  726,  notes. 


PUBLIC  CEMETERY  DISTRICTS. 
ACT  724 — An  act  to  provide  for  public  cemetery  districts. 

History:     Approved   March    6,   1909,   Stats.   1909,   p.   156. 


Amended 


April  5,  1911,  Stats.  1911,  p.  605. 
Organization  of. 

§  1.     Whenever  a  board  of  county  supervisors  shall  receive  the  petition  of  a  raajoritj- 
of  the  electors  enumerated  upon  the  great  register  as  residing  within  a  district  in  such 


d 


^33  CEMETERIES.  Act  7:15,  §g  1-a 

county,  definitely  described  in  such  petition,  requesting  that  the  said  district  be  organ- 
ized as  a  public  cemetery  district,  they  shall  organize  such  public  cemetery  district  as 
provided  in  this  act. 

Trustees.    Term. 

$  2.  Such  public  cemeterj'  district  shall  be  managed  by  three  trustees,  appointed  by 
the  board  of  supervisors  from  the  electors  residing  therein;  but  if  a  majority  of  the 
resident  electors  shall,  in  their  petition,  designate  the  names  of  the  trustees  whom  they 
shall  desire  to  be  appointed,  the  board  of  supervisors  shall  appoint  for  the  first  term, 
the  persons  so  named.  The  trustees  shall  hold  office  for  four  years,  and  their  suc- 
cessors shall  be  appointed  in  the  same  manner  as  other  appointments  are  made  by  said 
board.     [Amendment  approved  April  5,  1911.    Stats.  1911,  p.  605.] 

Duties  of  trustees. 

$  3.  Such  cemeterj'  trustees  shall  maintain  a  cemetery  for  the  use  of  all  inhabitants 
of  the  district,  and  for  that  purpose  shall  be  capable  of  holding  title  to  property  in  trust 
for  the  district,  taking  property  by  grant,  gift,  devise  or  any  other  method,  and  doing  all 
acts  necessary  or  proper  for  managing  the  affairs  of  the  district,  including  the  selling 
or  leasing  of  burial  lots. 

Tax  levy  for. 

$  4.  The  said  cemetery  trustees  may  annually  certify  to  the  county  board  of  super- 
visors the  amount  of  money  necessary  to  be  raised  by  taxation  for  maintaining  the 
cemetery  of  the  district,  and  the  board  of  county  supervisors  shall  thereupon  include 
in  the  annual  tax  levy  a  tax  upon  all  the  property  within  such  cemetery  district,  suffi- 
cient to  raise  the  amount  demanded  by  the  trustees,  but  not  exceeding  two  mills  on 
each  dollar  of  assessed  valuation  within  the  district. 

Fund,  how  expended. 

§  5.  The  tax  so  collected,  together  with  all  other  moneys  received  by  the  trustees 
shall  be  paid  into  the  county  treasury,  and  constitute  a  separate  fund  to  be  expended 
solely  for  the  purposes  of  the  cemetery  district  upon  warrants  signed  by  not  less  than 
two  of  the  cemetery  trustees. 

Report  of  trustees. 

§  6.  The  trustees  shall  as  soon  after  the  first  day  of  July  in  each  year  as  is  prac- 
ticable, file  with  the  county  board  of  supervisors  a  report,  setting  forth  all  their  doings 
during  the  preceding  year,  and  containing  an  itemized  account  of  all  their  receipts  and 
disbursements  up  to  and  including  the  thirtieth  day  of  June,  together  with  proper 
vouchers  therefor. 

Rules  and  regulations. 

^  7.  The  trustees  shall  make  proper  rules  and  regulations  for  the  management  of  the 
cemeteries  under  their  control,  and  all  laws  now  in  existence  relating  to  cemeteries, 
and  not  inconsistent  with  this  act  shall  apply  to  the  cemeteries  provided  for  in  this  act. 

EXECUTION  OF  DEEDS  BY  CEMETERY  CORPORATIONS. 
ACT  725 — To  provide  the  manner  of  execution  of  deeds  by  cemetery  corporations. 
History:     Approved  March  26,  1895,  Stats.  1895,  p.  75. 
^  1.    All  deeds  or  conveyances  executed  by  cemetery  associations  or  incorporations 
within  this  state,  shall  be  executed  in  the  name  of  the  corporation  or  association,  under 
the  seal  thereof,  by  the  president,  or  vice  president,  and  secretary  thereof. 

^  2.  All  acts  and  parts  of  acts  in  conflict  with  this  statute,  in  so  far  as  they  conflict 
with  the  same,  are  hereby  repealed. 

^  3.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 


Act  7::6,  g§  1-3  GE^ilCRAL   LAWS.  ^3^ 

RURAL  CEMETERY  ASSOCIATIONS. 

ACT  726 — An  act  to  authorize  the  incorporation  of  rural  cemetery  associations. 
History:     Approved   April    18,    1859,    Stats.    1859,    p.    281.     Amended 
January   13,   1864,    Stats.   1863-64,   p.   12;    March   31,   1891,    Stats.   1891, 
p.  264;    April  24,    1911,   Stats.   1911,   p.    1009.     Supplemented   March   1, 
1899,  Stats.  1899,  p.  36.     See,  post,  Act  727. 

Who  may  incorporate. 

§  1.  Any  number  of  persons  residing  in  this  state,  not  less  than  seven,  who  shall 
desire  to  form  an  association  for  the  purpose  of  procuring  and  holding  lands,  to  be  used 
exclusively  for  a  cemetery  or  place  for  the  burial  of  the  dead,  may  meet  at  such  time 
and  place,  as  they,  or  a  majority  of  them  may  agree,  and  appoint  a  chairman,  or  secre- 
tary, by  a  vote  of  the  majority  of  the  persons  present  at  the  meeting,  and  proceed  to 
form  an  association,  by  determining  on  a  corporate  name,  by  which  the  association  shall 
be  called  and  known,  by  determining  on  the  number  of  trustees,  to  manage  the  concerns 
of  the  association,  which  number  shall  not  be  less  than  six,  nor  more  than  twelve,  and 
thereupon  may  proceed  to  elect,  by  ballot,  the  number  of  trustees,  so  determined  on, 
and  the  chairman  and  secretary  shall,  immediately  after  such  election,  divide  the  trus- 
tees, by  lot,  into  three  classes;  those  in  the  first  class  to  hold  their  office  one  year; 
those  in  the  second  class,  two  years;  and  those  in  the  third  class,  three  years;  but  the 
trustees  of  each  class  may  be  re-elected,  if  they  shall  possess  the  qualifications  here- 
inafter mentioned.  The  meeting  shall  also  determine  on  what  day,  in  each  year,  the 
future  annual  elections  of  trustees  shall  be  held. 

Certificate  signing,  acknowledging,  and  filing. 

§  2.  The  chairman  and  secretary  of  the  meeting  shall  within  three  days  after  such 
meeting,  make  a  written  certificate,  and  sign  their  names  thereto,  and  acknowledge  the 
same  before  an  oflScer  authorized  to  take  proof  and  acknowledgment  of  conveyances,  in 
the  county  where  such  meeting  shall  have  been  held,  which  certificate  shall  state  the 
names  of  the  associates  determined  upon  by  the  majority  of  the  persons  who  met;  the 
number  of  trustees  fixed  on  to  manage  the  concerns  of  the  association ;  the  names  of  the 
trustees  chosen  at  the  meeting,  and  their  classification,  and  the  day  fixed  on  for  the 
annual  election  of  trustees;  which  certificate  it  shall  be  the  duty  of  the  chairman  and 
secretary  of  such  meeting  to  cause  to  be  filed  and  recorded  in  the  oflflce  of  the  county 
clerk  of  the  county  in  which  the  cemetery  grounds  are  situated,  in  a  book  to  be  appro- 
priated to  the  recording  of  certificates  of  incorporation. 

Powers  of  association. 

$  3.  Upon  such  certificate,  duly  acknowledged  and  filed  as  aforesaid,  being  recorded, 
the  association  mentioned  therein  shall  be  deemed  legally  incorporated,  and  shall  be  a 
body  politic  and  corporate,  in  fact  and  in  name,  by  the  name  stated  in  the  certificate, 
and  by  their  corporate  name,  have  succession  and  power: 

First — To  sue  and  be  sued  in  any  court. 

Second — To  make  and  use  a  common  seal,  and  alter  the  same  at  pleasure. 

Third — To  purchase,  hold,  sell,  and  convey,  such  real  and  personal  estate  as  the  pur- 
poses of  the  incorporation  shall  require. 

Fourth — To  appoint  such  officers,  agents,  and  servants,  as  the  business  of  the  corpo- 
ration shall  require,  to  define  their  powers,  prescribe  their  duties,  and  fix  their  com- 
pensation. 

Fifth — To  require  of  them  such  security  as  may  be  thought  proper  for  the  fulfilment 
of  their  duties,  nnd  to  remove  them  at  will,  except  that  no  trustee  shall  be  removed 
from  office  unless  '  '  a  vote  of  two-thirds  of  the  whole  number  of  trustees,  or  by  a  vote 
of  a  majority  of  the  trustees,  on  a  written  request,  signed  by  one-half  of  the  lot  owners. 

Sixth — To  make  by-laws  not  inconsistent  with  the  laws  of  this  state,  for  the  organiza- 
tion of  the  company,  the  management  of  the  property,  regulation  of  its  affairs,  and  for 


335  CEMETERIES.  Act  726,  §§  4-6 

carrying  on  all  kinds  of  business  within  the  object  and  purposes  of  the  company.  The 
affairs  and  property  of  such  associations  shall  be  managed  by  the  trustees,  who  shall 
annually  appoint,  from  among  their  number,  a  president  and  vice  president,  and  shall 
also  appoint  a  secretar^'^  and  treasurer,  who  shall  hold  their  places  during  the  pleasure 
of  the  board  of  trustees,  and  the  trustees  may  require  the  treasurer  to  give  security  foi* 
the  faithful  performance  of  the  duties  of  his  office. 

Purchase  of  property.     Survey  and  map. 

$  4.  Am'  association  incorporated  under  this  act,  may  take,  by  purchase  or  devise, 
and  hold,  within  the  county  in  which  the  certificate  of  their  incorporation  is  recorded, 
not  exceeding  three  hundred  and  twenty  acres  of  land,  to  be  held  and  occupied  exclu- 
sively for  a  cemetery  for  the  burial  of  the  dead.  Such  land,  or  such  parts  thereof  as 
may  from  time  to  time  be  required  for  that  purpose,  shall  be  surveyed  and  subdivided 
into  lots  or  plats  of  such  size  as  the  trustees  may  direct,  with  such  avenues,  paths, 
alleys,  and  walks,  as  the  trustees  deem  proper;  and  a  map  or  maps  of  such  surveys 
shall  be  filed  in  the  office  of  the  county  recorder  of  the  county  in  which  the  land  shall 
be  situated.  And  after  filing  such  map,  the  trustees  may  sell  and  convey  the  lots  or 
plats  designated  upon  such  map,  upon  such  terms  as  shall  be  agreed  upon,  and  subject 
to  such  conditions  and  restrictions,  to  be  inserted  in  or  annexed  to  the  conveyances,  as 
the  trustees  shall  prescribe.  The  conveyances  to  be  executed  under  the  common  seal  of 
the  association,  and  signed  by  the  president  or  vice  president,  and  the  treasurer  of  the 
association.  Any  association  incorporated  under  this  act  may  hold  personal  property 
to  an  amount  not  exceeding  five  thousand  dollars,  besides  what  may  arise  from  the  sale 
of  lots  or  plats. 

Election. 

$  5.  The  annual  election  of  trustees,  to  supply  the  place  of  those  whose  term  of  office 
expires,  shall  be  holden  on  the  day  mentioned  in  the  certificate  of  incorporation,  and  at 
such  hour  and  place  as  the  trustees  shall  direct;  at  which  election  shall  be  chosen  such 
number  of  trustees  as  will  supply  the  places  of  those  whose  term  expires.  The  trustees 
chosen  at  any  election  subsequent  to  the  first,  shall  hold  their  places  for  three  years, 
and  until  others  shall  be  chosen  to  succeed  them.  The  election  shall  be  by  ballot,  and 
every  person  of  full  age,  who  shall  be  the  proprietor  of  a  lot  or  plat  in  the  cemetery  of 
the  association,  containing  not  less  than  two  hundred  square  feet  of  land,  or  if  there  be 
more  than  one  proprietor  of  any  such  lot  or  plat,  then  such  one  of  the  proprietors  as 
the  majority  of  joint  proprietors  shall  designate  to  represent  such  lot  or  plat,  may, 
either  in  person  or  by  proxy,  give  one  vote  for  each  plat,  or  lot,  of  the  dimensions  afore- 
said ;  and  the  persons  receiving  a  majority  of  all  the  votes  given  at  such  election,  shall 
be  trustees,  to  succeed  those  whose  term  of  office  expires.  But  in  all  elections  after  the 
first,  the  trustees  shall  be  chosen  from  among  the  proprietors  of  lots,  or  plats,  and  the 
trustees  shall  have  power  to  fill  any  vacancy  in  their  number  occurring  during  the 
period  for  which  they  hold  their  office.  Public  notice  of  the  annual  elections  shall  be 
given  in  such  manner  as  the  by-laws  of  the  corporation  shall  prescribe. 

Report. 

§  6.  The  trustees,  at  each  annual  election,  shall  make  reports  to  the  lot  proprietors 
of  their  doings,  and  of  the  management  and  condition  of  the  property  and  concerns  of 
the  association.  If  the  annual  election  shall  not  be  held  on  the  day  fixed  in  the  cer- 
tificate of  incorporation,  the  trustees  shall  have  power  to  appoint  another  day,  not 
more  than  sixty  days  thereafter,  and  shall  give  public  notice  of  the  time  and  place  at 
which  time  the  election  shall  be  held,  with  like  effect  as  if  holden  on  the  day  fixed  on 
in  the  certificate. 

The  office  of  the  trustees  chosen  at  such  time,  to  expire  at  the  same  time  as  if  they 
had  been  chosen  at  the  day  fixed  by  the  certificate  of  incorporation. 


Act  72C,  §§  7-10  GENERAL  LAAVS.  336 

Purchase  of  land.    Issuance  of  bonds.    Proceeds  of  sales,  how  appropriated. 

$  7.  After  its  formation  in  the  manner  provided  in  the  preceding  section,  the  cor- 
poration shall  proceed  to  purchase  suitable  grounds  for  the  proposed  cemetery,  and 
to  the  vendor  thereof  they  are  authorized  to  issue  the  bonds  of  the  corporation  for  the 
amount  of  the  purchase  monej^,  bearing  interest  not  exceeding  the  rate  of  twelve  per 
centum  per  annum,  but  payable  out  of  sixty  per  centum  of  the  proceeds  of  the  ceme- 
tery, as  the  same  shall  be  realized,  and  not  otherwise.  Sixty  per  centum  at  least  of  the 
proceeds  of  all  sales  of  lots,  plats,  or  graves,  shall  be  first  appropriated  to  the  payment 
of  the  said  bonds  and  interest  aforesaid,  payable  at  least  once  in  three  months  to  the 
bondholders,  until  all  are  paid,  and  the  residue  thereof  to  be  used  in  preserving, 
improving,  and  embellishing  the  said  cemetery  grounds  and  the  avenues  or  roads  lead- 
ing thereto,  and  to  defraying  the  incidental  expenses  of  the  cemetery  establishment,  and 
after  payment  of  the  purchase  money  and  interest  aforesaid,  and  all  debts  contracted 
therefor,  and  for  surveying  and  laying  out  the  land,  the  proceeds  of  all  future  sales 
shall  be  appropriated  to  the  improvement,  embellishment,  and  preservation  of  such 
cemetery,  and  for  incidental  expenses,  and  to  no  other  purpose  or  object ;  provided,  that 
any  association  incorporated  under  this  act  by  the  members  of  the  Order  of  Free  and 
Accepted  Masons,  the  Independent  Order  of  Odd  Fellows,  or  by  the  members  of  any 
other  benevolent  or  charitable  society  in  the  city  and  county  of  San  Francisco,  may 
apply  the  surplus  or  net  income  of  such  cemetery  association  to  the  board  of  relief  or 
other  committee  established  by  such  order  or  society  for  the  purposes  of  charity. 
[Amendment  of  January  13,  1864.    Stats.  1863-G4,  p.  12.] 

Vandalism  and  punishment  for. 

§  8.  Any  person  who  shall  wilfully  destroy,  mutilate,  deface,  injure,  or  remove,  any 
tomb,  monument,  gravestone,  building,  or  other  structure,  placed  in  any  cemetery  of 
any  association  incorporated  under  this  act,  or  any  fence,  railing,  or  other  work,  for  the 
protection  or  ornament  thereof,  or  of  any  tomb,  monument,  or  gravestone,  or  other 
structure  aforesaid,  or  of  any  plat  or  lot  within  such  cemetery,  or  shall  wilfully  destrov, 
cut,  break,  or  injure,  any  tree,  shrub,  or  plant,  within  the  limits  of  such  cemetery,  shall 
be  deemed  guilty  of  a  misdemeanor,  and  such  offender  shall  also  be  liable  in  an  action 
of  trespass,  to  be  brought,  in  all  such  cases,  in  the  name  of  such  association,  to  pay  all 
such  damages  as  shall  have  been  occasioned  by  his  unlawful  act,  or  acts.  Such  money, 
when  recovered,  shall  be  applied,  by  the  trustees,  to  the  reparation,  or  restoration  of 
the  property  so  destroyed,  or  injured. 

Embellishing. 

§  9.  Any  association  incorporated  pursuant  to  this  act,  may  take  and  hold  any  prop- 
erty, real  or  personal,  bequeathed,  or  given  upon  trust,  to  apply  the  income  thereof, 
under  the  direction  of  the  trustees  of  such  association,  for  the  improvement  or  embel- 
lishment of  such  cemetery,  or  the  erection  or  preservation  of  any  building,  structure, 
fences,  or  walks,  erected,  or  to  be  erected,  upon  the  lands  of  such  cemetery  association, 
or  upon  the  lots,  or  plats,  of  any  of  the  proprietors;  or  for  the  repair,  preservation, 
erection,  or  removal  of  any  tomb,  monument,  gravestone,  fence,  railing,  or  other  erec- 
tion, on  or  around  any  cemetery,  lot,  or  plat,  or  for  planting,  or  cultivating  trees, 
shrubs,  flowers,  or  plants,  in  or  around  any  such  lot,  or  plat,  or  for  improving  or 
embellishing  such  cemetery,  or  any  of  the  lots,  or  plats,  in  any  other  manner  or  form, 
consistent  with  the  design  and  purposes  of  the  association,  according  to  the  terms  of 
such  grant,  devise,  or  bequest. 

Cemetery  lands  exempt  from  taxation. 

§  10.  The  cemetery  lands  and  proi)erty  of  any  association,  formed  pursuant  to  this 
act,  shall  be  exempt  from  all  public  taxes,  rates,  and  assessments,  and  shall  not  be 


33T  CEMETERIES.  Act  726,  §§  11-13 

liable  to  be  sold  on  execution,  or  be  applied  in  payment  of  debts  due  from  any  indi- 
vidual proprietors.  But  the  proprietors  of  lots,  or  plots,  in  such  cemeteries,  their  heirs, 
or  devisees,  may  hold  the  same  exempt  therefrom,  so  long  as  the  same  shall  remain 
dedicated  to  the  purposes  of  a  cemetery.  [Amendment  of  April  24,  1911.  Stats.  1911, 
p.  1099.    In  effect  immediately.] 

Plats  inalienable.    Descend  to  heirs  at  law  on  death. 

$  11.  Whenever  the  said  land  shall  be  laid  off  into  lots,  or  plats,  and  such  lots,  or 
plats,  or  any  of  them,  shall  be  transferred  to  individual  holders,  and  after  there  shall 
have  been  an  interment  in  a  lot,  or  plat,  so  transferred,  such  lot,  or  plat,  from  the  time 
of  such  interment,  shall  be  forever  thereafter  inalienable,  and  shall  upon  the  death  of 
the  holder  or  proprietor  thereof,  descend  to  the  heirs  at  law  of  such  holder,  proprietor, 
and  to  their  heirs  at  law  forever;  provided,  nevertheless,  that  any  one  or  more  of  such 
heirs  at  law  may  release,  to  any  other  of  the  said  heirs  at  law,  his,  her,  or  their,  interest 
in  the  same,  on  such  conditions  as  shall  be  agreed  on  and  specified  in  such  release,  which 
release  shall  be  recorded  with  the  county  recorder  of  the  county  within  which  the  said 
cemetery  shall  be  situated;  and,  provided  further,  that  the  body  of  anj'^  deceased  person 
shall  not  be  interred  in  such  lot,  or  plat,  unless  it  be  the  body  of  a  person  having,  at 
the  time  of  such  decease,  an  interest  in  such  lot,  or  plat,  or  the  relative  of  some  person 
having  such  interest,  or  the  wife  of  such  person,  or  her  relative,  except  by  the  consent 
of  all  persons  having  an  interest  in  such  lot,  or  plat. 

Former  purchasers. 

$  12.  In  case  the  grounds  purchased  for  cemetery  purposes,  in  accordance  with  sec- 
tion seven  of  this  act,  shall  have  been  used  as  a  cemetery  previous  to  such  purchase, 
then  those  who  are  lot  owners,  at  the  time  of  the  purchase,  shall  have,  and  be  entitled 
to,  all  the  privileges  they  would  be  entitled  to  by  purchase  from  a  corporation  formed 
as  aforesaid. 

Owner  may  convey  when  bodies  are  removed. 

$  13.  Whenever  all  the  bodies  buried  in  any  lot  or  plot,  in  this  act  referred  to,  shall 
have  been  removed  therefrom,  with  the  consent  of  a  majority  of  the  board  of  directors 
of  the  corporation  owning  said  cemetery,  it  shall  be  lawful  for  the  owners  of  said  lot  or 
plot,  with  the  consent  of  a  majority  of  said  directors,  to  transfer  the  same  by  deed. 
[New  section  added  March  31,  1891.    Stats.  1891,  p.  264.] 

1.     Con«titutionality — City   ordinance. — An  but  where  the  place  Is  remote  from   human 

ordinance  under  the  police  power,  prohibit-  habitations,    or  close    to   but   few   dwellings, 

ing   the   purchase    or    sale    of    cemetery    lots  the  absolute  prohibition   of  such  interments 

for  burial   purposes   within   the  city,  and   of  is    an     unreasonable     restriction     to     lawful 

interment    except    upon    lots    already    pur-  business,    not    fairly    justified    as    a    health 

chased   for  the   purpose,    is   held   to   be  dis-  measure,  and  will  not  be  sustained. — Laurel 

criminative    in    its    operation    between    per-  Hill    Cemetery    v.    San    Francisco,    152    Cal. 

sons  similarly  situated,  and  is  unreasonable  464,    14   Ann.   Cas.    1080,   27   L.    R.    A,    (N.    S.) 

and  void. — Ex  parte  Bohen,    115   Cal.   372,   36  260.   93   Pac.   70. 
L.   R.   A.   618,    47   Pac.  55.  Cude  commissioners   say  this   act   was   re- 

'2,     Same — City    ordinance    of     San     Fran-  pealed   by   the  Civil  Code,   §  288. 
Cisco  prohibiting  interments  within  the  city  Editor's    note:     The    code    commissioners' 

limits,   exclusive  of  places  belonging  to   the  opinion    as    to    the    repeal     of    this    act    by 

United  States,   is   an   exercise    of   the   police  $  288,  Civil  Code,   is  not  without  reason,   aa 

power,    is    authorized   under    the    charter,    is  a   comparison    of   the    provisions    of    the    act 

not    In    conflict    with    any    provision    of    the  with  those   of  the  code   will  show;   but   that 

present  act  or  any  other  general   law,   and  the    legislature    did    not    think    so    is    mani- 

is    valid. — Odd    Fellows,    etc.,    Ass'n    v.    San  fest  from   the  fact  that  they  have,   even  as 

Francisco,  140  Cal.   226,   73   Pac.   987.  late  as   1911,   amended   the  original  act,  and 

3.     Same — Police     power.  —  Interment      In  in    1899,    supplemented    it. — See    Kerr's    Cyc. 
city  limits,  is  likely  to   prove   dangerous   to  Civil   Code,    §§  288,  and   608,   et   seq.' 
the  public  health,  where  located  in  a  thickly  it  may  be  further  noted  that  this  act  re- 
populated     community,     and     may     be     pro-  lates  to  an  "association,"  and  the  provisions 
hibited   in  the  exercise  of   the  police  power;  of  the  Civil  Code  deal  exclusively  with  ceme- 

Gen.  Laws — 22 


Act  727,  §§  1-5  CENERAL,   LAWS.  338 

tery  "corporations,"  and  an   "association"   Is  to  corporations  In  general,  and  the  corpora- 

not  necessarily  a   "corporation."   Because   of  tlons  to  which  this  act  relates  are  a  partlcu- 

the  use   of  certain   terms  in   this  act,   or  for  lar  kind  of  corporations,  to  wit,  rural  ceme- 

some    other    reason,    the    courts    might    hold  tery  corporations,  and  It  Is  not  unreasonable 

that  "associations"  under  this  act  are  "cor-  to    assume    that    the    legislation    intended    a 

porations,"  within   the  meaning  of  the  Civil  particular   classification   to  cover  them,   and 

Code;   but,   if  so,  the  code  provisions   relate  that  such  classification  is  a  reasonable  one. 

RURAL  CEMETERY  ASSOCIATIONS. 
ACT  727 — An  act  supplemental  to  an  act  entitled  '  'An  act  to  authorize  the  incorporation 
of  rural  cemetery  association,"  approved  April  twenty-eight,  eighteen  hundred  and 
fifty-nine,  authorizing  such  association  to  erect,  purchase,  or  lease  buildings  and 
furnaces  and  other  works  for  cremation  of  human  hodies;  also  to  erect  or  lease 
buildings  in  which  shall  be  entombed  only  the  ashes  of  cremated  dead,  to  make  pro- 
vision for  the  care  of  the  burial  places  and  ashes  of  the  dead;  also  to  provide  for  the 
cremation  of  the  unclaimed  dead  and  bodies  liable,  if  interred,  to  spread  disease. 

History:     Approved  March  1,  1899,  Stats.  1899,  p.  36.     See,  ante.  Act 
726,  and  history. 

Cremation  associations,  rights,  privileges,  etc. 

§  1.  Associations  incorporated  under  the  act  of  which  this  act  is  supplementary, 
shall,  in  addition  to  the  powers  granted  by  said  act,  have  authority  to  purchase,  lease,  or 
erect  buildings  and  appliances  to  be  used  exclusively  for  the  purpose  of  cremating 
human  bodies,  and  they  may  purchase,  or  lease,  and  hold  land  necessary  for  cremation 
purposes,  or  for  the  erection  of  eolumbariums  for  the  entombing  of  the  ashes  of  the 
cremated,  when  inclosed  in  metal  or  stone  or  cement  vessels,  and  not  otherwise;  but 
no  uncremated  body  shall  be  interred  or  placed  for  any  time  whatever  inside  of  the 
walls,  or  in  the  walls,  of  a  place  where  the  ashes  of  the  cremated  are  deposited. 

Care  of  property. 

§  2.  Such  associations  shall  invest  their  funds  and  use  the  proceeds  thereof,  after 
current  expenses  are  paid,  for  the  perpetual  care  of  the  grounds,  lots,  buildings,  and 
niches,  according  to  contracts  made  and  to  be  made  with  patrons,  and  in  conducting 
its  business  such  associations  shall  have  the  same  powers  granted  by  law  to  corpora- 
tions in  general;  provided,  they  shall  have  no  authority  to  contract  any  pecuniary  obli- 
gation whatever,  nor  shall  they  have  power  to  levy  or  collect  assessments. 

Municipal  authorities  may  order  cremation  of  unknown  or  pauper  dead. 

§  3.  In  ease  of  epidemics  or  the  prevalence  of  contagious  diseases,  or  otherwise,  the 
proper  authorities  of  any  county,  city  and  county,  city,  or  town,  may  order  the  un- 
claimed or  unknown  dead,  and  the  dead  who  die  in  public  institutions  under  the  control 
of  any  county,  city  and  county,  city,  or  town,  and  the  dead  commonly  buried  at  public 
expense,  cremated,  and  their  ashes  immured  or  other^vise  preserved  in  receptacles  in 
eolumbariums,  or  interred  in  burial  places;  and  human  bodies,  and  parts  of  bodies, 
used  in  medical  or  other  schools  (except  specimens  to  be  preserved)  shall  not  be  cast 
into  the  waters  of  the  state,  nor  on  the  ground,  nor  in  receptacles  for  refuse  matter, 
nor  in  vaults,  nor  in  sewers,  but  shall  either  be  buried  as  deep  in  the  ground  as  is  by 
law  required  for  dead  bodies,  or  cremated,  as  in  this  act  provided.  But  the  remains 
of  a  person  shall  not  be  cremated  by  compulsion,  under  the  provisions  of  this  section, 
if  he  or  his  family,  or  any  member  thereof,  or  his  church  or  spiritual  advisor  object*. 

Violation  of  act  a  misdemeanor. 

§  4.     A  violation  of  any  of  the  provisions  of  this  act  is  a  misdemeanor. 
§  5.     This  act  shall  be  in  force  from,  the  day  of  its  passage. 


330  CENTRAL  PACIFIC  RAILROAD    COMPANY.  Acts  790-793 

Crematory     fnrnace — Contract     of     village  Formation     of     corporations — See     Kerr's 

for. — See  18  L.  R.  A.  45.  Cyc.    Civil    Code,    §§  290,    296    and    notes. 

La-rrs  relating  to  disinterment. — See,  ante,  Tliis   act   authorixed   the   relocation   of  the 

acts  721,   722.  route     from     Sacramento,     over     the     Sierra 
Liability  for  cremated  portion  of  servant's  Nevada  mountains   to   the   eastern    boundary- 
body,  see  45  L.  R.  A.  535.  of  the  state,  and  required   the   filing  of  new 
Same — Requisites   to   letting;  contract   for.  maps      and      profiles      and      authorized      the 
— See  47  I*  R.  A.   686.  amendment  of  the  articles   of   incorporation 

to  conform  to  the  new  route. 

CENSUS. 
See  "Municipal  Corporations." 

CHAPTER  54. 
CENTRAL  PACIFIC  RAILROAD  COMPANY, 

CONTENTS  OF  CHAPTER. 

ACT  790.  Eelocation  of  Route. 

791.  State  Aid  Bond  Act. 

792.  Franchise  Grant. 

793.  Incorporation  of  San  .Toaquin  Valley  Railroad  Validated. 

RELOCATION  OF  ROUTE. 
ACT  790 — An  act  authorizing  relocation  of  route  of. 

History:     Approved  April  17,  1863,   Stats.  1863,  p.  320. 

STATE  AID  BOND  ACT. 

ACT  791 — An  act  to  aid  construction  of,  and  to  secure  the  use  of  the  same  to  this  state 
for  military  and  other  purposes. 

History:     Approved  April  4,  1864,  Stats.  1863-64,  p.  344. 

1.  Bonds— Interest — liiability  of  state. —  amount  required  under  the  terms  of  the 
The  bonds  issued  under  the  authority  of  act  to  be  paid  by  the  company  upon  breach 
this  act  are  valid  and  the  state  is  liable  of  the  contract  is  not  liquidated  damages 
for  interest  payments  in  accordance  with  its  but  a  penalty  imposed. — People  v.  Central 
terms. — Bank   of  California  v.  Dunn,  66  Cal.  Pacific  Co.,  76  Cal.   29,  18  Pac.  90. 

38,    4  Pac.    916.  4.     Public     messenger. — County     treasurer 

2.  Interest  payments  by  the  state,  on  the  is  not  a  public  mesengrer,  under  the  terms 
bonds  issued  under  the  terms  of  this  act,  of  this  act,  so  as  to  entitle  him  to  free 
are  not  a  loan,  and  the  company  can  not  by  transportation. — Pflster  v.  Central  Pacific  R. 
repayment,  at  its  option,  relieve  itself  of  Co.,  70  Cal.  169,  59  Am.  Rep.  404,  11  Pac  686. 
liability  to  perform  its  agreement  executed  5.  State's  payment  of  interest  coupons. — 
in  accordance  with  its  provisions. — People  This  act  provided  for  payment  by  the  state 
v.  Central  Pacific  Co.,  76  Cal.  29,  18  Pac.   90.  of  the  interest  coupons  on   $1,500,000  of  cer- 

3.  Penalty  —  Liquidated     damages.  —  The  tain  bonds  of  the  company,  for  twenty  years. 

FRANCHISE  GRANT. 

ACT  792 — An  act  to  aid  in  carrying  out  the  provisions  of  the  Pacific  Railroad  and 
Telegraph  Act  of  Congress. 

History:     Approved  April   4,   1864,   Stats.   1863-64,   p.   471. 

Franchise    granted    for    the    construction,       granted  over   state   lands,  and  public  hlsh- 

maintenance    and    operation    of    a    railroad       ways, 
and    telegraph    line,    and    a    right    of    way 

INCORPORATION  VALIDATION. 
ACT  793 — An  act  for  the  relief  of  the  Central  Pacific  Railroad  Company, 
History:     Approved  March  20,  1872,  Stats.  1871-72,  p.  432. 

This    act    validated    the    certificate    of    in-        roads  under  the  name  of  the  Central  Paclflo 

corporation  of  the  San  Joaquin  Valley  Rail-       Railroad  Company. 
road,    which    consolidated    with    other    rail- 


Act  803.  §61,2  GENERAL,   LAWS.  MO 

CERES. 

See  Act  3094,  note. 

CHAMBERS  OF  COMMERCE. 

See  Kerr's  Cyc.  Civil  Code,  ^  591,  et  seq. 

CHAPTER  55. 
CHARITIES  AND  CORRECTIONS. 

CONTENTS  OF  CHAPTER. 

ACT  803.     State  Board  of  Charities  and  Corrections  Created. 

804.  Homes  for  Dependent  Children. 

805.  Records  of  County  Hospitals  and  Alms  Houses. 

805a.  Maternity  Hospitals,  Licensing,  Inspecting,  and  Beoulatino. 

806.  Registration  and  Publicity  or  Charities. 

CREATION  OF  STATE  BOARD. 

ACT  803 — An  act  to  create  a  state  board  of  charities  and  corrections,  prescribing  its 

duties  and  powers,  and  appropriating  money  therefor. 

History:  Approved  March  25,  1903,  Stats.  1903,  p.  482.  Amended 
Mav  1,  1911,  Stats.  1911,  p.  1334;  May  26,  1915.  In  effect  August  8, 
1915.     Stats.  1915,  p.  847. 

State  board  of  charities  created.    Women  eligible.    Vacancies. 

§  1.  A  state  board  of  charities  and  corrections  is  hereby  created  of  six  members,  to 
be  appointed  by  the  governor,  with  the  advice  and  consent  of  the  senate,  not  more 
than  three  of  whom  shall  be  of  the  same  political  party.  Such  members  shall  hold 
office  for  a  period  of  four  years  and  until  their  successors  are  appointed  and  qualified ; 
provided,  that  the  terms  of  the  three  members  who  were  appointed  February  17,  1908, 
shall  expire  February  17,  1912,  and  the  other  three  terms  shall  expire  February  17, 
1914,  and  thereafter  the  terms  of  three  members  of  said  board  shall  expire  on  Febru- 
ary 17th  of  each  even-numbered  year.  Women  may  be  appointed  members  of  said 
board  or  hold  any  position  in  the  appointment  of  said  board.  No  person  shall  be 
appointed  a  member,  or  continue  to  act  as  such,  while  he  is  a  trustee,  manager,  director, 
or  other  administrative  officer  of  an  institution,  subject  to  the  provisions  of  this  act. 
Appointments  to  fill  vacancies  before  the  expiration  of  such  terms  shall  be  for  the 
residue  of  terms  in  the  same  manner  as  original  appointments.  The  governor  shall  be 
ex  officio  a  member  of  said  board.  [Amendment  approved  May  1,  1911.  Stats.  1911, 
p.  1334.] 

Expenses  allowed.     Bond  of  secretary.     Oflace.     Meetings.     Non-attendance   deemed 

resignation. 

^  2.  The  members  of  said  board  shall  act  without  compensation,  but  shall  be 
allowed  their  actual  necessary  expenses.  The  said  board  may  appoint  a  secretary  and 
such  other  employees  as  it  may  deem  necessary  to  carry  out  the  provisions  of  this  act, 
and  shall  determine  their  salaries.  The  secretarj'  of  said  board  shall  execute  a  bond 
in  the  sum  of  five  thousand  ($5,000.00)  dollars,  and  take  the  oath  of  office  prescribed 
by  the  Political  Code  for  the  executive  officers  of  this  state.  The  board  shall  provide 
itself  with  an  office  in  the  city  and  county  of  San  Francisco.  Meetings  of  the  board 
may  be  held  at  such  times  and  in  such  places  in  the  state  of  California  as  said  board 
mav  deem  fit.  It  may  make  such  rules  and  orders  for  the  regulation  of  its  own  pro- 
ceedings, as  it  may  deem  necessai-y,  and  may  fix  the  number  of  members  necessary  to 
constitute  a  quorum.     The  failure  of  a  member  to  attend  three  consecutive  meetings 


341  CHARITIES   AND   CORRECTIONS.  Act  803,  §§  3-5 

of  said  board  during  any  calendar  year,  unless  excused  by  formal  vote  of  the  board, 
may  be  construed  by  the  governor  as  a  resignation  of  said  non-attending  member. 
[Amendment  of  May  26,  1915.    In  effect  August  8,  1915.    Stats.  1915,  p.  847.] 

This  section  was  also  amended  May  1,  1911,  Stats.   1911,  p.  1336. 

Powers  and  duties.    Forms  of  records.    Plans  of  buildings  submitted. 

^  B.  The  board  is  hereby  empowered  and  authorized,  and  it  shall  be  its  duty  as  a 
whole,  or  by  committee,  or  by  its  secretary,  or  other  agent  whom  it  may  authorize, 
to  investigate,  examine,  and  make  reports  upon  the  charitable,  correctional,  and  penal 
institutions  of  the  state,  including  the  state  hospitals  for  the  insane,  of  the  counties, 
cities  and  counties,  cities,  and  towns  of  the  state,  and  such  public  officers  as  are  in 
any  way  responsible  for  the  administration  of  public  funds  used  for  the  relief  or 
maintenance  of  the  poor.  All  the  persons  or  officers  in  charge  of  or  connected  with 
such  public  institutions,  or  with  the  administration  of  said  funds,  are  hereby  required 
to  furnish  to  the  board  or  its  committee  or  secretary  such  information  and  statistics 
as  they  may  request  or  require,  and  allow  said  board,  committee,  or  secretary  free 
access  to  all  departments  of  such  institutions  and  to  all  of  their  records.  In  order  to 
secure  accuracy,  uniformity,  and  completeness  in  such  statistics  and  information,  the 
board  may  prescribe  such  forms  of  report  and  records  by  the  state  commission  in 
lunacy  regarding  the  state  hospitals  for  the  insane  and  by  such  other  officers,  boards, 
or  institutions  as  it  may  deem  necessary,  and  also  such  forms  of  registration  at  all 
public  institutions  refen-ed  to  in  this  section  as  it  may  require.  The  state  commission 
in  lunacy,  on  behalf  of  the  institutions  under  its  charge,  and  the  officers  of  all  other 
institutions,  and  all  officers  in  any  way  responsible  for  public  funds  used  for  the  relief 
of  the  poor  or  the  maintenance  of  any  inmates  of  said  public  institutions,  are  hereby 
required  to  follow  such  forms,  records,  and  registration  so  prescribed;  provided,  that 
the  intent  of  this  law  is  that,  so  far  as  possible,  the  board  shall  make  use  of  the 
forms  of  report,  record,  and  registration  now  obtaining  in  the  state  commission  of 
lunacy  and  other  state  boards  and  institutions.  All  plans  of  new  buildings,  or  parts 
of  buildings  for  any  of  the  public  institutions  coming  under  provisions  of  this  section, 
or  any  additions  or  alterations  in  such  buildings,  shall,  before  their  adoption  by  the 
proper  officials,  be  submitted  to  the  board  for  suggestions  and  criticisms.  [Amendment 
approved  May  1,  1911.     Stats.  1911,  p.  1335.] 

Attendance  of  witnesses.    Disobedience  of  subpoena. 

§  4.  The  board  shall  have  the  power  to  issue  compulsory  process  to  compel  the 
attendance  of  any  witness  before  said  board  or  any  member  thereof,  and  to  require 
the  production  of  such  books  or  papers  relating  to  any  public  institution  mentioned 
in  section  three  of  this  act  as  they  may  deem  necessary;  provided,  that  no  witness 
shall  be  required  to  attend  before  said  board  out  of  the  county  in  which  he  resides. 
Any  member  of  said  board  shall  have  power,  and  he  is  hereby  authorized  to  administer 
an  oath  to  any  and  all  witnesses  coming  before  said  board,  or  any  member  thereof, 
for  examination,  and  to  examine  such  witness  or  witnesses  in  reference  to  any  matter 
relating  to  public  institutions  mentioned  in  section  three  of  this  act  appertaining  to 
the  inquire'  before  the  board,  or  said  member.  Disobedience  of  a  subpoena  issued  by 
said  board,  or  refusal  to  be  sworn,  or  to  answer,  shall  subject  such  person  disobeying 
or  refusing  to  a  forfeiture  of  one  hundred  dollars,  to  be  recovered  in  a  civil  action 
brought  in  a  court  of  competent  jurisdiction  by  said  board  in  its  name  as  plaintiff, 
the  money  recovered  to  be  appropriated  to  the  use  of  said  board. 

$  5.     This  section  was  renumbered  as  section  7;  see  post. 

Investigate  institutions  receiving  state  aid. 

§  5.  The  board  is  hereby  empowered  and  authorized,  and  it  shall  be  its  duty  as  a 
whole,  or  by  committee,  or  by  its  secretary,  to  investigate,  examine,  and  make  reports 


Act  804,  S  1  GENERAr  L,AWS.  342 

upon  all  institutions  or  persons  receiving  any  state  aid  for  the  care  of  orphan,  half- 
ori^han,  abandoned  or  dependent  children,  and  may  prescribe  forms  of  record  thereof 
to  be  kept,  and  require  reports  thereof.  [New  section  added  May  1,  1911.  Stats. 
1911,  p.  1336.] 

$  6.     This  section  was  renumbered  as  section  8,  and  amended:    See  post. 

Refusing  to  furnish  information. 

§  6.  Any  public  oflicer,  superintendent,  manager  or  person  in  charge  of  any  said 
public  institution,  or  with  the  administration  of  said  funds,  who  refuses  or  neglects 
to  furnish  said  board,  its  committee  or  secretary,  the  information  and  statistics  which 
they  may  request  or  require  shall  be  subject  to  a  forfeiture  of  fifty  dollars,  to  be 
recovered  as  provided  in  section  4  of  this  act  for  disobedience  of  a  subpoena.  [New 
section  approved  May  1,  1911.    Stats.  1911,  p.  1336.] 

§  7.     This  section  was  renumbered  as  section  9 :  See  post. 

Plenary  investigation  by  governor. 

§  7.  No  provision  in  this  act  contained  shall  in  anj'  way  be  construed  as  preventing 
the  governor  of  this  state  from  making  a  plenary  investigation  in  reference  to  the 
conduct  of  any  pul)lic  institutions  under  the  terms  of  any  act  of  the  legislature  of 
this  state.  Furthermore,  the  governor  may  at  any  time  order  an  investigation  by  the 
board,  or  by  a  committee  of  its  members,  of  the  management  of  the  above-named 
institutions,  or  any  thereof.     [Renumbered  May  1,  1911.    Stats.  1911,  p.  1336.] 

^  8.     This  section  was  renumbered  as  section  10 :  See  post. 

Biennial  report. 

^8.  Two  months  prior  to  each  regular  session  of  the  legislature,  the  board  shall 
make  a  full  and  complete  report  to  the  governor  of  all  its  transactions  during  the 
preceding  two  years,  showing  fully  and  in  detail  all  expenses  incurred  and  moneys 
paid  out  by  it,  and  giving  a  list  of  all  officers  and  agents  employed,  and  the  actual 
condition  of  all  institutions  under  its  supervision,  with  such  suggestions  as  it  may 
deem  necessary  and  pertinent,  and  with  recommendations  for  legislative  and  executive 
action.     [Renumbered  and  amended  May  1,  1911.     Stats.  1911,  p.  1336.] 

Institutions  excepted  from  act. 

$  9.  The  provisions  of  this  act  shall  not  apply  to  the  Veterans'  Home  of  California, 
located  at  Yountville,  Napa  county,  nor  to  the  Woman's  Relief  Corps  Home  at  Ever- 
green, Santa  Clara  county.     [Renumbered  May  1,  1911.    Stats.  1911,  p.  1336.] 

$  10.  All  acts  and  parts  of  acts  in  conflict  with  the  provisions  of  this  act  are  hereby 
repealed.    Renumbered  May  1,  1911.    Stats.  1911,  p.  1336.] 

HOMES  FOR  DEPENDENT  CHILDREN. 
ACT  804 — An  act  providing  for  the  supervision  and  control  by  the  state  board  of 
charities  and  corrections  of  the  placing  of  dependent  children  into  homes  and  for 
the  supervision  of  all  societies  or  organizations  engaged  in  such  work  and  known 
as  children's  home  finding  societies. 

History:     Approved   April   24,   1911,   Stats.    1911,   p.   1087. 

Unlawful  to  place  dependent  children  in  homes  without  permit. 

$  1.  It  shall  hereafter  be  unlawful  for  any  organization,  society  or  person  to  engage 
in  the  work  of  placing  dependent  children  into  homes  in  this  state  without  first  obtain- 
ing a  permit  therefor,  duly  executed  in  writing,  from  the  state  board  of  charities  and 
corrections. 


843  CHARITIES   AXD   CORRECTIOXS.  Act  805,  §§  1-3 

Board  of  charities  may  investigate  societies. 

§  2.  The  said  state  board  of  charities  and  corrections  may  investigate,  or  cause  to 
be  investigated,  the  books,  records,  and  methods  of  such  organizations,  societies,  or 
persons,  and  the  disposition  of  the  children  coming  into  their  custody;  and  it  may 
make  such  rules  and  regulations  as  it  ma}^  deem  best  for  the  government  and  regu- 
lation of  such  societies  or  persons,  and  may  require  such  reports  as  it  may  desire. 

Permit  may  be  withdrawn. 

$  3.  The  said  state  board  of  charities  and  corrections  is  hereby  authorized  and 
empowered  to  withdraw  and  cancel  any  permit  to  engage  in  the  work  of  placing 
children  into  homes  for  any  failure  to  observe  the  rules  and  regulations  established 
for  their  government,  or  the  failure  to  report  as  required,  or  for  any  failure  on  their 
part  to  perform  their  w»rk  as  required  by  the  best  interests  of  the  state,  but  no  permit 
shall  be  canceled  or  withdrawn  without  due  notice  and  hearing. 

Misdemeanor  to  engage  in  work  without  permit. 

§  4.  It  is  hereby  made  a  misdemeanor  for  any  person  or  persons,  either  as  indi- 
viduals or  officers  of  any  association  or  society,  to  engage  in  the  work  of  placing 
children  into  homes,  or  the  soliciting  of  funds  therefor,  in  this  state  without  a  permit 
duly  executed  in  writing  by  the  state  board  of  charities  and  corrections,  authorizing 
said  persons  or  such  association  or  society  to  engage  therein,  or  to  engage  in  such 
work  after  any  permit  has  been  canceled. 

Not  applicable  to  orphan  home. 

$  5.  This  act  shall  not  be  construed  as  applying  to  any  regularly  established  orjihan 
home  or  any  officer  or  official  thereof  acting  for  or  on  behalf  of  such  home  receiving 
aid  from  the  state  for  the  care  of  orphans,  half -orphans  or  abandoned  children  in  any 
effort  such  institution  or  its  officers  may  make  to  procure  the  adoption  into  homes  or 
any  otficer  or  official  thereof  acting  for  or  on  behalf  of  such  home  of  any  such  children. 

$  6.     This  act  shall  take  effect  immediately. 

RECORDS  OF  COUNTY  HOSPITALS  AND  ALMSHOUSES. 

ACT  805 — An  act  making  it  the  duty  of  the  state  board  of  charities  and  corrections 

to  prescribe   forms   of   record   for  the   use   of   county   hospitals   and  almshouses, 

county  jails  and  city  prisons;  and  authorizing  such  board  to  furnish  such  records; 

and  making  the  neglect  or  failure  on  the  part  of  superintendents  and  jailers  in 

charge  thereof  to  keep  such  records  a  misdemeanor. 

History:     Approved  June  11,  1913.     In  effect  August  10,  1913.     Stats. 
1913,  p.  682. 

Form  of  records  for  county  hospitals,  jails,  etc. 

$  1.  It  is  hereby  made  the  duty  of  the  state  board  of  charities  and  corrections  to 
prescribe  forms  of  record  for  the  use  of  the  superintendents  of  county  hospitals  and 
almshouses,  and  jailers  in  charge  of  county  jails  and  city  prisons,  in  keeping  the 
records  of  persons  received  into  or  discharged  from  such  county  hospitals,  alms- 
houses, jails  and  city  prisons. 

Cost  of  printing. 

$  2.  Books  of  record  for  the  records  so  prescribed  by  said  state  board  of  charities 
and  corrections  may  be  printed  at  the  expense  of  said  board  and  furnished  to  such 
county  hospitals  and  almshouses,  county  jails  and  city  prisons,  at  the  cost  thereof. 

Duty  of  superintendents  to  keep  records. 

§  3.  It  shall  be  the  duty  of  the  superintendent  in  charge  of  any  such  county  hospital 
or  almshouse  and  the  jailer  in  charge  of  any  such  jail  or  city  prison  to  keep  the 


Acts  S05a,  S0«,  §  X  GENERAL.   LAWS.  344 

records  prescribed  by  the  state  board  of  charities  and  corrections  as  fully  and  com- 
pletely as  possible,  and  any  such  superintendent  or  jailer  who  neglects  and  fails  to 
keep  the  records  thus  prescribed  shall  be  guilty  of  a  misdemeanor. 

MATERNITY  HOSPITALS. 

ACT  805a — An  act  to  provide  for  the  licensing,  inspecting  and  regulating  of  maternity 

hospitals   or   lying-in    asylums,    and   institutions,    boarding-houses   and   homes    for 

the  reception  and  care  of  children,  by  the  state  board  of  charities  and  corrections, 

and  providing  a  penalty  for  the  violation  of  the  provisions  of  this  act. 

History:     Approved  April  23,  1913.     In  effect  August  10,  1913.    Stats. 
1913,  p.  73. 

License  for  maternity  hospitals. 

§1.  No  person,  association,  or  corporation  shall  hereafter*  maintain  or  conduct  in 
this  state  any  maternity  hospital  or  lying-in  asylum  where  females  may  be  received, 
cared  for  or  treated  during  pregnancy,  or  during  or  after  delivery;  or  any  institution, 
boarding-house,  home  or  other  place  conducted  as  a  place  for  the  reception  and  care 
of  children,  without  first  obtaining  a  license  or  permit  therefor,  in  writing,  from  the 
state  board  of  charities  and  corrections,  such  permit  or  license  once  issued  to  continue 
until  revoked  for  cause  after  a  hearing. 

Rules  for  government. 

§  2.  The  state  board  of  charities  and  corrections  is  hereby  authorized  to  issue 
licenses  or  permits  to  persons  or  associations  to  conduct  maternity  hospitals,  lying-in 
asylums,  or  homes  for  children,  as  provided  in  section  one  of  this  act,  and  to  prescribe 
the  conditions  upon  which  such  licenses  or  permits  shall  be  granted,  and  such  rules 
and  regulations  as  it  may  deem  best  for  the  government  and  regulation  of  maternity 
hospitals,  lying-in  asylums  and  institutions,  boarding-houses,  or  homes  for  the  recep- 
tion and  care  of  children,  and  said  board  is  further  authorized,  by  one  or  more  of 
its  members,  secretary,  or  duly  authorized  representative,  to  inspect  and  report  upon 
the  conditions  prevailing  in  all  such  institutions. 

Penalty. 

§  3.  Any  person  who  maintains  or  conducts,  or  assists  in  maintaining  or  conducting 
as  manager  or  officer,  any  maternity  hospital,  lying-in  asj'lum,  or  any  institution, 
boarding-house,  home  or  other  place  conducted  as  a  place  for  the  reception  and  care 
of  children,  or  who  keeps  at  any  such  place  any  child  under  the  age  of  twelve  years, 
not  his  relative,  apprentice  or  ward,  without  first  having  obtained  a  license  or  permit 
therefor  in  writing,  as  provided  in  section  one  of  this  act,  shall  be  punished  upon 
conviction  by  imprisonment  in  the  county  jail  for  not  more  than  one  year,  or  by  a 
fine  not  to  exceed  five  hundred  dollars,  or  both  a  fine  and  imprisonment  may  be  imposed 
at  the  discretion  of  the  court. 

REGISTRATION  AND  PUBLICITY  OF  CHARITIES. 

ACT  806 — An  act  making  provision  for  registration  of  and  for  publicity  concerning 

the  affairs  of  any  charity  for  the  support  of  which  an  appeal  is  made  to  the  pubUcv 

and  prescribing  penalties  for  violation  of  the  provisions  hereof. 

History:     Approved  May  27,  1919.     In  effect  July  27,  1919.     Stats. 
1919,  p.  1356. 

Registration  of  charities 

$  1.  In  any  county  or  city  and  county  in  this  state  it  shall  be  unlawful  to  make  any 
appeal  to  the  public  for  a  charity  either  by  soliciting  donations  or  subscriptions  or  by 
promoting  any  bazaar,  sale  or  exhibition,  or  by  any  similar  means,  unless  the  charity 
is  registered  with  the  county  board  of  public  welfare. 


J 


345  CHARTERS.  Act  Slo,  g  1 

Information  given. 

5  2.  For  the  purposes  of  this  act,  any  charity  may  be  registered  with  the  county 
board  of  public  welfare  upon  the  giving  of  such  infonnation  in  respect  to  the  conduct 
of  its  affairs  as  may  be  necessary  to  enable  the  board  properly  to  investigate  the  char- 
ity. If  the  board  of  public  welfare  approves  or  disapproves  of  the  proposed  appeal 
to  the  public  in  a  particular  case,  such  approval  or  disapproval  with  the  reasons  there- 
for shall  be  entered  in  a  separate  book  with  the  records  of  the  board,  and  shall  be  open 
to  public  inspection.  Such  an  approval  shall  not  be  deemed  a  guarantee  or  endorse- 
ment as  to  the  proper  conduct  of  the  affairs  of  a  charity,  but  it  is  hereby  authorized  for 
the  purpose  of  making  such  information  available  to  the  public  whenever  an  appeal  is 
made. 

Registration  with  hoard  of  supervisors. 

^  3.  In  any  county  or  city  and  county  in  which  there  is  no  board  of  public  welfare, 
the  registration  herein  provided  for  shall  be  made  with  the  board  of  supervisors,  and 
this  board  shall  exercise  the  powers  and  duties  hereby  conferred  or  imposed  upon  the 
board  of  public  welfare. 

Penalty. 

§  4.  Any  person,  firm  or  corporation  violating  any  of  the  provisions  of  this  act  is 
guilty  of  a  misdemeanor. 

Exceptions. 

$  5.  The  provisions  of  this  act  shall  not  apply  to  the  solicitation  of  gifts,  contri- 
butions or  donations  for  religious  purposes;  or  for  the  specific  personal  aid  of  any 
particular  individual  or  individuals;  or  for  the  meeting  of  extraordinary  emergencies  or 
calamities  where  time  is  of  the  essence  of  merited  succor  and  relief. 

License    for    charitable    entertainments — See   Kerr's  Cyc.  Political   Code,   S  3386. 

CHARTERS. 
Seeitits.  "Elections";  "Municipal  Corporations." 

CHAPTER  56. 

CHEESE. 

References:     See  tits.  "Adulteration,"  "Butter,"  "Dairies." 
Fi-and  )n  sale  of,  see  Kerr's  Cyc.  Penal  Code,  §  381. 
Imitation  cheese,  see  tit.  "Butter,"  Act  621. 

State  Dairy   Bureau,  duty  of,  as  to  enforcement  of  the  law  against  false  tests  for 
dairy  products,  see  Kerr's  Cyc.  Penal  Code,  §  381b. 

CONTENTS  OF  CHAPTER. 
ACT  815.     Grades  of  Cheese. 

GRADES  OF  CHEESE. 

ACT  815 — An  act  defining  the  different  grades  of  cheese  and  for  branding  the  same, 
manufactured  in  the  state  of  California. 

History:     Approved  March  4,  1897,  Stats.  1897,  p.  69. 

Branding  grades  of  cheese. 

$  1.  Every  person  or  persons,  firm  or  corporation,  who  shall  at  any  creamery,  cheese 
factory,  or  private  dairy,  manufacture  cheese  in  the  state  of  California,  shall,  at  the 
place  of  manufacture,  brand  distinctly,  and  durably  on  the  bandage  of  each  and  every 
cheese  manufactured,  and  upon  the  package  or  box  when  shipped,  the  grade  of  cheese 
manufactured,  as  follows:  "California  full-cream  cheese,"  "California  half -skim 
cheese, ' '  and  * '  California  skim  cheese. '  * 


Acts  S15,  §§  2-7  GENERAL,   LAWS.  S4« 

Brands  to  be  procured  from  state  dairy  bureau.    Record  of  brands. 

^  2.  All  brands  for  branding  the  different  grades  of  cheese  shall  be  procured  from 
the  state  dairy  bureau,  and  said  bureau  is  hereby  directed  and  authorized  to  issue  to 
all  persons,  firms,  or  corporations,  upon  application  therefor,  uniform  brands,  consecu- 
tively numbered,  of  the  different  grades  specified  in  section  1  of  this  act.  The  state 
dairy  bureau  shall  keep  a  record  of  each  and  every  brand  issued,  and  the  name  and 
location  of  the  manufacturer  receiving  the  same.  No  manufacturer  of  cheese  in  the 
state  of  California,  other  than  the  one  to  whom  such  brand  is  issued,  shall  use  the 
same,  and  in  case  of  a  change  of  location,  the  party  shall  notify  the  bureau  of  such 
change. 

Defining  grades  of  cheese. 

§  3.  The  different  grades  of  cheese  are  hereby  defined  as  follows:  Such  cheese 
only  shall  have  been  manufactured  from  pui-e  milk,  and  from  which  no  portion  of 
the  butter  fat  has  been  removed  by  skimming  or  other  process,  and  having  not  less 
than  thirty  per  cent  of  butter  fat,  shall  be  branded  as  "California  full-cream  cheese"; 
and  such  cheese  only  as  shall  be  made  from  pure  milk,  and  having  not  less  than 
fifteen  per  cent  of  butter  fat,  shall  be  branded  "California  half-skim  cheese";  and  such 
cheese  only  as  shall  be  made  from  pure  skim-milk  shall  be  branded  "California  skim 
cheese";  provided,  that  nothing  in  this  section  shall  be  construed  to  apply  to  "Edam," 
" Brickstein, "  "Pineapple,"  "Limburger,"  "Swiss,"  or  hand-made  cheese,  not  made 
by  the  ordinary  Cheddar  process. 

No  sales  without  official  brand. 

§  4.  No  person  or  persons,  firms  or  corporations,  shall  sell,  or  offer  for  sale,  any 
cheese,  manufactured  in  the  state  of  California,  not  branded  by  an  official  brand  and 
of  the  grade  defined  in  section  3  of  this  act. 

Penalties. 

$  5.  Whoever  shall  violate  any  of  the  provisions  of  this  act  shall  be  deemed  guilty 
of  a  misdemeanor,  and  shall,  upon  conviction  thereof,  be  punished  for  the  first  offense 
by  a  fine  of  not  less  than  twenty-five  dollars  ($25)  nor  more  than  fifty  dollars  ($50), 
or  by  imprisonment  in  the  county  jail  for  not  exceeding  twenty-five  days;  and  for 
each  subsequent  offense  by  a  fine  of  not  less  than  fifty  dollars  ($50)  nor  more  than 
one  hundred  dollars  ($100),  or  by  imprisonment  in  the  county  jail  not  less  than  fifty 
days  nor  more  than  one  hundred  days,  or  by  both  such  fine  and  imprisonment,  at  the 
discretion  of  the  covirt. 

ilepeal  of  conflicting  acts. 

$  6.     All  acts  or  parts  of  acts  inconsistent  with  this  act  are  hereby  repealed. 
$  7.     This  act  shall  take  effect  sixty  days  after  its  passage. 

Producine,    buylne    and    sellins    cheese — See,   post.  Act  1167. 

CHICO. 

See  Act  3094,  note. 


347  CHINE^SE.  Acts  S25-S28 

CHAPTER  57. 

CHINESE. 
References:     See  tits.  "Aliens,"  "Prostitution." 

CONTENTS  OF  CHAPTER. 

ACT  825.  Immigration. 

826.  Competition  of  Chinese  Labor. 

827.  Exclusion  and  Eegistration. 

828.  Chinese  Criminals,  Importation  op  Coolie  Slaveet. 

829.  Kidnaping  and  Importation  op  Females. 
8.30.  Suppression  of  Chinese  Houses  of  Ill-Fame. 
831.  Eemoval  Outside  Limits  op  Cities  and  Towns. 

IMMIGRATION. 
ACT  825 — An  act  to  prevent  the  further  immigration  of  Chinese  or  Mongolians  to  this 

History:     Approved    April   26,    1858,    Stats.   1858,    p.    295. 

Editor's  note:  This  act  does  not  appear  tutional.  Under  any  circumstances  the  pe- 
to  have  been  passed  on  by  the  supreme  nal  portion  of  it  is  superseded  by  the 
court,  although  it  is  undoubtedly  unconsti-       Penal  Code. — See  Kerr's  Cyc.  Penal  Code,  §  6. 

COMPETITION  OF  CHINESE  LABOR. 
ACT  826 — An  act  to  protect  free  white  lahor  from  competition  with  Chinese  lahor  and 
to  discourage  the  immigration  of  Chinese. 

History:     Approved    April    26,    1862,    Stats.    1862,    p.    462. 

Unconstitutional  —  Police  tax.  —  This  act  declared  unconstitutional  in  Lin  Sing  v. 
imposed   a   police   tax    on    Chinese.      It    was       Washburn,  20  Cal.  534. 

EXCLUSION,  REGISTRATION. 
ACT  827 — An  act  to  prohibit  the  coming  of  Chinese  into  the  state,  whether  the  sub- 
jects of  the  Chinese  empire  or  not,  and  to  provide  for  registration  and  certificates  of 
residence  and  determine  the  status  of  all  Chinese  persons  now  resident  of  this  state, 
and  fixing  penalties  and  punishments  for  violation  of  this  act,  and  providing  for 
deportation  of  criminals. 

History:     Approved  March   20,   1891,    Stats.   1891,   p.   185. 
Unconstitutional — Ex    parte    Ah    Cue.    101  Cal.   197,  35   Pac.  556. 

CHINESE  CRIMINALS,  COOLIE  SLAVERY. 

ACT  828 — An  act  to  prevent  the  importation  of  Chinese  criminals  and  to  prevent  the 

establishment  of  coolie  slavery. 

History:     Approved  March  18,  1870,  Stats.  1869-70,  p.  332. 

Penal  provi.sions  superseded  by  the  Penal  of  Mongolian  females  for  criminal  purposes 
Code. — The   code   commissioners   say    of   sec-  and  the  kindred  act  of  March  18,  1870  (Stats, 
tion    174.   Penal   Code:    "This   section    embod-  1869-70,  pp.  336,  et  seq.).     The  provisions  of 
les  the  material  penal   provisions  of  the  act  this    section    are    broad    enough    to    include- 
to   prevent  the   kidnapping  and   importation  every  offense  defined  in   either  act," 

KIDNAPING  AND  IMPORTATION  OF  FEMALES. 
ACT  829 — An  act  to  prevent  the  kidnaping  and  importation  of  Mongolian,  Chinese 
and  Japanese  females  for  criminal  or  demoralizing  purposes. 

History:     Approved  March  18,  1870,  Stats.  1869-70,  p.  330. 

Superseded    as    to    penal    provisions. — See  Compulsory    prostitution    and    importation 

note  to  preceding  act  (Act  828).  of  Cliinese  and  Japane.se  women  for  immoral 

purposes. — See,  post,  Act  3633. 


Acts  830, 836  Gi:NERAIi   LAWS.  848 

SUPPRESSION  OF  CHINESE  HOUSES  OF  ILL-FAME. 
ACT  830 — An  act  for  the  suppression  of  Chinese  houses  of  ill-fame. 

History:  Approved  March  31,  1866,  Stats.  1865-66,  p.  641.  Amended 
February  7,  1874,  Stats.  1873-74,  p.  84.  Continued  in  force  by  the  codes. 
See  Kerr's  Cyc.  Political  Code,  §  19,  and  Kerr's  Cyc.  Penal  Code,  §  23. 

Amending:  act  codtficil — Code  commission-  tation  of  the  house  evidence  of  its  character 

ers'     note. — The    amending    act     of     1873-74,  and   of  that  of  the  women   resorting  to  It." 

p.    84,    is    codified    by    §  315    of    Penal    Code.  See,   also,    Kerr's    Cyc.    Penal   Code,    JS  174, 

Concerning  this   section   of   the   Penal    Code,  179,    inc.,   and    §  315. 

the  code  commissioner  said:    "The  new  mat-  Redlig^ht    abatement    act. — See,    post.    Act 

ter    is    taken    from    the    statute    of    1866,    as  3634. 
amended  1873-74,  p.  84,  and  makes  the  repu- 

REMOVAL  OUTSIDE  CITIES  AND  TOWNS. 
ACT  831 — An  act  to  provide  for  the  removal  of  Chinese  outside  the  limits  of  cities  aid 

towns. 

History:     Approved  April  3,  1880,  Stats.  1880,  p.  22, 

Code  commissionera'  comment:    "Probably  unconatitutional.** 

CHINO. 

See  Act  3094,  note. 

CHIROPRACTIC. 

See  tit.  "Medicine." 

CHULA  VISTA. 

See  Act  3094,  note. 

CIDER. 

See  tit.  "Adulteration.'* 

CHAPTER  58. 
CITY  ATTORNEY. 

CONTENTS  OF  CHAPTER. 
ACT  836.    Assistants  in  Cities  and  Cities  and  Counties  of  100,000  and  Otba. 

ASSISTANTS  IN  CITIES. 
ACT  836 — An  act  to  provide  for  furnishing  assistants  to  city  and  city  and  county 
attorneys  in  every  city,  or  city  and  county  having  a  population  of  one  hundred 
thousand  or  over,  and  providing  for  their  mode  of  appointment  and  compensation. 

History:     Approved    March    11,    1891,    Stats.    1891,    p.    95. 
Superseded     «■     to     San    Francisco.  —  See  charter  chapter  II,  article  V. 

CIVIL  RIGHTS. 
See  Kerr's  Cyc.  Civil  Code,  ^  51,  et  seq. 


iif< 


34S  CIVIL,    SERVICE    COMDf  ISSION.  Act  840,  gg  1,  2 

CHAPTER  59. 
CIVIL  SERVICE  COMMISSION. 

CONTENTS  OF  CHAPTER. 
ACT  846.     General  System  of  Civil  Service. 

GENERAL  SYSTEM  OF  CIVIL  SERVICE. 

ACT  846 — ^An  act  to  provide  for  a  general  system,  1)086(1  upon  investigation  as  to 

merit,  efficiency  and  fitness,  for  appointment  to  and  holding  during  good  behavior 

of  office  and  employment  under  state  authority  and,  in  that  behalf,  to  create  a 

state  civil  service  commission,  to  prescribe  its  powers  and  duties,  to  make  the 

wilful  violation  of  the  provisions  of  this  act  a  misdemeanor,  to  repeal  all  acts  and 

parts  of  acts  inconsistent  herewith  in  so  far  as  they  may  be  inconsistent  with  the 

provisions  of  this  act,  and  to  make  an  appropriation  therefor. 

History:  Approved  June  16,  1913.  In  effect  August  10,  1913.  Stats. 
1913,  p.  1035.  Amended  May  27,  1919.  In  effect  immediately.  Stats. 
1919,  p.  1337. 

Definitions  of  terms. 

$1.  First — The  term  "commission"  as  used  in  this  act  means  the.  "state  civil 
service  commission"  herein  created,  and  the  term  "commissioner"  as  used  in  this  act 
means  one  of  the  three  members  of  that  commission,  all  unless  such  terms  are  plainly 
used  with  some  other  meaning. 

Second — That  terms  "position"  and  "positions"  as  used  in  this  act  include  all 
offices  and  employments  under  state  authority,  whether  there  be  any  salary  or  other 
compensation  or  emolument  connected  therewith,  except  offices  held  by  elective  officers 
as  such  and  also  except  the  militia  and  all  offices  and  employments  as  now  or  hereafter 
provided  by  virtue  of  or  under  article  eight  of  the  constitution  of  the  state,  and  except 
county  and  township  offices  and  employments. 

Third — The  term  "appointing  power"  as  used  in  this  act  includes  all  persons  whether 
acting  singly  or  in  conjunction  with  others  in  any  way  whatsoever,  either  by  nomina- 
tion or  confirmation  or  as  a  board  or  commission  or  otherwise,  in  selecting  any  one  to 
hold  any  position  as  that  term  is  so  used  in  this  act. 

Fourth — The  term  "appointment"  as  used  in  this  act  includes  all  means  of  selecting 
and  employing  any  one  to  hold  any  position  as  that  term  is  so  used  in  this  act.  [Amend- 
ment of  May  27,  1919.    In  effect  immediately.    Stats.  1919,  p.  1338.] 

Civil  service  commission  created.     Salary. 

ij  2.  There  is  hereby  created  a  commission  known  as  the  "state  civil  service  com- 
mission" which  shall  consist  of  three  commissioners  but  which  may  continue  to  act 
after  being  fully  constituted  if  there  is  not  more  than  one  vacancy  in  such  commission. 
The  commission  shall  be  first  constituted  by  three  commissioners  appointed  for  terms 
ending  July  1,  1914,  Juh'  ],  191G,  and  July  1,  1917,  respectively,  and  the  succeeding 
terms  shall  each  be  for  a  period  of  four  years.  The  governor  shall  appoint  all  com- 
missioners including  those  who  fill  unexpired  terms.  Any  commissioner  may  be 
removed  by  concurrent  resolution  of  both  houses  of  the  legislature  adopted  by  a  two- 
thirds  vote  of  each  house.  The  commissioners  shall  each  receive  a  salary  of  three 
thousand  dollars  per  annum,  which  shall  be  paid  at  the  same  time  and  in  the  same 
manner  as  the  salaries  of  state  officers  are  paid,  and  the  commissioners  shall  also 
be  paid  necessary  traveling  expenses  incurred  in  the  performance  of  their  duties. 
The  total  and  items  of  all  expenditures  and  obligations  made,  authorized  and  incurred 
by  the  commission  shall  not  exceed  the  sums  appropriated  therefor  by  law. 


Act  S46.  §§  3-5  GENERAL   LAWS.  350 

Employees. 

^  3.  The  commission  shall  employ  a  chief  examiner  and  secretary,  which  offices 
may  be  combined,  and  such  other  employees  as  it  may  deem  necessary  or  proper  to 
carry  out  the  purposes  of  this  act.  Their  compensation  shall  be  fixed  by  the  com- 
missioner, and  they  may  be  paid  necessary  traveling  expenses  incurred  in  the  discharge 
of  the  duties.  The  duties  of  the  chief  examiner,  secretary  and  other  employees  shall 
be  prescribed  by  the  commission,  subject  to  the  provisions  of  this  act.  It  shall  be  the 
duty  of  the  secretary  to  keep  the  minutes  of  the  meetings  of  the  commission  and  per- 
form such  other  services  as  may  be  assigned  him  by  the  commission.  The  com- 
mission may  select  suitable  persons  to  assist  in  examinations  under  its  directions. 
The  compensation  of  such  assistants  shall  not  exceed  five  dollars  per  day,  except 
in  the  case  of  special  and  expert  examiners  employed  in  the  preparation  of  ques- 
tions and  rating  of  candidates;  and  when  the  persons  so  selected  are  in  the  offi- 
cial service  of  the  state  it  shall  be  deemed  a  part  of  their  official  duty  to  serve  as 
such  assistants  without  additional  compensation.  [Amendment  of  May  27,  1919.  In 
effect  immediately.    Stats.  1919,  p.  1339.] 

Office  accommodations. 

§  4.  The  commission  is  authorized  to  secure  in  the  city  of  Sacramento  suitable  and 
convenient  rooms  and  accommodations  and  cause  the  same  to  be  furnished,  heated  and 
lighted,  for  carrying  on  the  work  of  the  commission  and  the  commission  may  order  the 
necessary  stationery,  postage  stamps,  and  official  seal  and  other  articles  to  be  sup- 
plied, and  the  necessary  printing  to  be  done  for  its  official  use.  [Amendment  of  May  27, 
1919.    In  effect  immediately.    Stats.  1919,  p.  1339.] 

Classify  and  grade  positions. 

^5.     The  commission  shall: 

First — Classify  positions  to  be  held  under  state  authority  in  accordance  with  the 
provisions  of  this  act  and  in  accordance  with  the  duties  attached  to  such  positions. 
The  commission  shall  grade  all  positions  within  each  class  with  respect  to  salaries,  to 
the  end  that  like  salaries  shall  be  paid  for  like  duties.  Such  classes  and  grades  may 
from  time  to  time  be  amended,  added  to,  consolidated  or  abolished  by  the  commission, 
but  persons  holding  positions  under  the  original  classification  or  grade  shall  not  be 
affected  thereby,  provided,  that  no  person  otherwise  competent  shall  be  excluded  from 
any  class  on  account  of  any  physical  defect  or  affliction  unless  such  defect  or  affliction 
tends  directly  to  incapacitate  such  person  from  performing  the  services  required  of  that 
class,  and  that  when  any  person  with  any  such  physical  defect  or  affliction  which  does 
not  tend  directly  to  incapacitate  such  person  from  performing  the  duties  required  of 
persons  in  that  class,  has  been  appointed  to  a  position,  such  person  shall  not  be  placed 
in  a  different  grade  as  to  salaries  from  other  persons  in  the  same  class. 

Hold  examinations. 

Second — Hold  examinations  to  determine  the  merit,  efficiency  and  fitness  of  appli- 
cants, for  positions,  and  prepare  properly  classified  eligible  lists  from  applicants  so 
examined. 

All  questions  for  examination  shall  be  prepared  under  the  supervision  of  the  com- 
mission or  chief  examiner  and  delivered  to  the  examining  board  or  to  the  candidates 
by  one  of  the  commissioners  or  chief  examiner  or  by  an  examiner  specially  designated 
to  perform  such  service. 

Enforce  act. 

Third — Enforce  the  provisions  of  this  act  and  prescribe  and  enforce  suitable  rules 
and  regulations  for  carrying  the  same  into  effect  and  from  time  to  time  amend  and 
repeal  the  same. 


I 


351  CIVIL   SERA'ICE  COMMISSION.  Act  846,  §  5 

Fourth — Keep  minutes  of  its  own  proceedings,  and  records  of  its  examinations  and 
other  official  actions. 

Efficiency  records. 

Fifth — Records  of  individual  efficiency  of  holders  of  positions  in  performing  their 
duties  must  be  established  and  posted  monthly  in  all  offices  and  places  of  employment 
affected  by  this  act.  Such  records  shall  be  made  by  the  appointing  power,  unless 
otherwise  directed  by  the  commission,  and  under  and  in  accordance  with  such  rules 
and  regulations  as  the  commission  may  prescribe,  and  a  copy  of  such  records  shall  be 
filed  with  the  commission.  The  commission  shall  investigate  all  such  efficiency  records 
and  may  make  its  own  records,  and  shall  rate  upon  such  records  the  item  of  "ascer- 
tained merit"  in  examinations  for  promotion.  The  commission  shall  establish  and 
enforce  rules  and  regulations  under  which  records  of  unsatisfactory  service  may  lead  to 
reduction  in  grade  and  compensation  of  the  person  holding  the  position  conceraed, 
and  shall  further  provide  for  the  manner  in  which  persons  falling  below  the  standards 
of  efficiency  fixed  by  its  rules  and  regulations  may  be  removed  from  their  positions  by 
the  commission  proceeding  substantially  as  provided  in  this  act  and  with  the  same 
effect  as  in  case  of  removals  by  the  appointing  power. 

Make  investigations. 

Sixth — Make  investigations  concerning  and  report  upon  all  matters  touching  the 
enforcement  and  effect  of  the  provisions  of  this  act  and  the  rules  and  regulations 
prescribed  thereunder;  inspect  all  state  institutions,  offices,  places  of  employment  and 
services  affected  by  this  act,  and  ascertain  whether  this  act  and  all  such  rules  and  regu- 
lations are  obeyed.  Such  investigation  may  be  made  by  any  commissioner,  or  chief  ex- 
aminer, or  by  any  other  authorized  agent  of  the  commission.  In  the  course  of  such 
investigation  any  commissioned,  or  chief  examiner  or  such  other  authorized  agent  of  the 
commission,  or  the  secretary  of  the  commission,  shall  have  power  to  administer  oaths, 
subpoena  and  require  the  attendance  in  this  state  of  witnesses  and  the  production 
thereby  of  books,  papers,  documents  and  accounts  appertaining  to  the  investigation  but 
not  requiring  the  attendance  of  witnesses  either  with  or  without  books,  papers,  docu- 
ments or  accounts  unless  residing  within  the  same  county  or  within  thirty  miles  of  the 
place  of  attendance. 

Rules  governing  hearing.     Superior  court  may   compel   witnesses   to   attend.     Order 

directing  witness  to  appear. 

Seventh — All  hearings  and  investigations  before  the  commission,  or  any  commis- 
sioner, or  the  chief  examiner  or  such  other  authorized  agent  of  the  commission  shall 
be  governed  by  this  act  and  by  rules  of  practice  and  procedure  to  be  adopted  by  the 
commission  and  in  the  conduct  thereof  neither  the  commission  nor  any  commissioner 
nor  the  chief  examiner  nor  such  other  authorized  agent  of  the  commission  shall  be 
bound  by  the  technical  rules  of  evidence.  No  informality  in  any  proceeding  or  in  the 
manner  of  taking  testimon}'  before  the  commission  or  any  commissioner,  or  the  chief 
examiner  or  such  other  authorized  agent  of  the  commission  shall  invalidate  any  order, 
decision,  rule  or  regulations  made,  approved  or  confirmed  by  the  commission.  The 
superior  court  in  and  for  the  county,  or  city  and  county,  in  which  any  inquiry,  investi- 
gation, hearing  or  proceeding  may  be  held  by  the  commission,  or  any  commissioner,  or 
the  chief  examiner  or  such  other  authorized  agent  of  the  commission  shall  have  the 
power  to  compel  the  attendance  of  witnesses,  the  giving  of  testimony  and  the  produc- 
tion of  books,  papers,  documents  and  accounts,  as  required  by  any  subpoena  issued  by 
the  commission,  or  any  commissioner,  or  such  other  authorized  agent  of  the  commission 
or  the  secretary.  The  commission,  or  the  commissioner,  or  the  chief  examiner  or  such 
other  authorized  agent  of  the  commission  before  whom  the  testimony  is  to  be  given 


Act  8-16,  §  5 


GENERAI,    LAWS. 


35:: 


or  produced,  in  case  of  the  refusal  of  any  witness  to  attend  or  testify  or  produce  any . 
papers  required  by  such  subpoena,  may  report  to  the  superior  court  in  and  for  the 
county,  or  city  and  count}',  in  which  the  proceeding  is  pending,  by  petition,  setting  forth 
that  due  notice  has  been  given  of  the  time  and  place  of  attendance  of  said  witness,  or 
the  production  of  such  books,  papers,  documents,  or  accounts,  and  that  the  witness  has 
been  summoned  in  the  manner  prescribed  in  this  act,  and  that  the  witness  has  failed 
and  refused  to  attend  or  produce  such  books  or  papers  or  documents  or  accounts 
required  by  the  subpoena,  before  the  commission,  or  the  commissioner,  or  the  chief 
examiner,  or  such  other  authorized  agent  of  the  commission,  in  the  matter  named  in 
the  notice  and  subpoena,  or  has  refused  to  answer  questions  propounded  to  him  in  the 
course  of  such  proceedings,  and  ask  an  order  of  said  court  compelling  the  witness  to 
attend  and  testify  or  produce  such  books  or  papers  or  documents  or  accounts  before 
the  commission,  or  any  commissioner,  or  the  chief  examiner  or  such  other  authorized 
agent  of  the  commission.  The  court,  upon  the  petition  of  the  commission,  or  any 
commissioner,  or  the  chief  examiner  or  such  other  authorized  agent  of  the  commission, 
shall  enter  an  order  directing  the  witness  to  appear  before  the  court  at  a  time  and 
place  to  be  fixed  by  the  court  in  such  order,  the  time  to  be  not  more  than  ten  days  from 
the  date  of  the  order,  and  then  and  there  show  cause  why  he  has  not  attended  and 
testified  or  produced  said  papers  before  the  commission,  or  such  conamissioner,  or  the 
chief  examiner  or  such  other  authorized  agent  of  the  commission.  A  copy  of  said 
order  shall  be  served  upon  said  witness.  If  it  shall  appear  to  the  court  that  said  sub- 
poena was  regularly  issued  by  the  commission,  or  any  commissioner,  or  the  chief 
examiner  or  other  authorized  agent  of  the  commission,  or  the  secretary,  the  court 
shall  thereupon  enter  an  order  that  said  witness  appear  before  the  commission,  or 
such  commissioner,  or  the  chief  examiner  or  any  other  authorized  agent  of  the  com- 
mission at  the  time  and  place  fixed  in  said  order,  and  testify  or  produce  the  required 
books,  papers,  documents  and  accounts,  and  upon  failure  to  obey  said  order,  said 
witness  shall  be  dealt  with  as  for  contempt  of  court.  The  remedy  provided  in  this 
section  is  cumulative,  and  shall  not  be  construed  to  impair  or  interfere  with  the  power 
of  the  commission,  or  a  commissioner,  or  the  chief  examiner  or  any  such  other  author- 
ized agent  of  the  commission  to  enforce  the  attendance  of  witnesses  and  the  production 
of  books,  papers,  documents  and  accounts. 


Depositions. 

The  commission,  or  any  commissioner,  or  the  chief  examiner  or  such  other  author- 
ized agent  of  the  commission  may,  in  any  investigation  or  hearing  before  the  commis- 
sion, or  any  commissioner,  or  the  chief  examiner  or  such  other  authorized  agent  of 
the  commission,  cause  the  deposition  of  witnesses  residing  within  or  without  the  state 
to  be  taken  in  the  manner  prescribed  by  law  for  like  depositions  in  civil  actions  in  the 
superior  courts  of  this  state  and  to  that  end  may  compel  the  attendance  of  witnesses 
and  the  production  of  books,  papers,  documents  and  accounts. 

Witness  not  excused  from  testifying. 

No  person  shall  be  excused  from  testifying  or  from  producing  any  book,  paper,  docu- 
ment or  account  in  any  investigation  or  inquiry  by  or  hearing  before  the  commission, 
or  any  commissioner,  or  the  chief  examiner  or  such  other  authorized  agent  of  the 
commission,  when  ordered  to  do  so,  upon  the  ground  that  the  testimony  or  evidence, 
book,  paper,  document  or  account  required  of  him  may  tend  to  incriminate  him  or 
subject  him  to  penalty  or  forfeiture,  but  no  person  shall  be  prosecuted,  punished  or 
subjected  to  any  penalty  or  forfeiture  for  or  on  account  of  any  act,  transaction,  matter 
or  thing  concerning  which  he  shall,  under  oath,  have  testified  or  produced  documentary 
evidence;  provided,  that  no  person  so  testifying  shall  be  exempt  from  prosecution  or 
punishment  for  any  perjury  committed  by  him  in  his  testimony.     Nothing  herein  con- 


353  CIVIL  SERVICE  COMMISSION.  Act  S46.  §§  6^  T 

tained  shall  be  construed  as  in  any  manner  giving  to  any  person  immunity  of  any  kind 

otherwise  than  is  herein  expressly  provided. 

Biennial  report. 

Eighth — Make  a  biennial  report  to  the  governor  for  transmission  to  the  legislature, 
showing  the  action  of  the  commission,  including  all  the  rules  and  regulations  adopted 
by  it  during  such  period  and  those  that  are  in  force  at  the  time  of  making  such  report, 
information  as  to  exempted  positions  as  required  by  this  act  and  the  effects  of  this  act 
and  of  all  proceedings  under  it  and  any  suggestions  the  commission  or  any  commis- 
sioner may  deem  practical  for  the  more  effectual  accomplishment  of  the  purposes  of 
this  act. 

Meetings. 

Ninth — Meet  at  Sacramento  as  often  as  the  needs  of  the  public  service  may  require, 
and  at  such  other  places  as  the  commission  may  designate.  A  majority  of  the  members 
of  the  commission  shall  constitute  a  quorum.  [Amendment  of  May  27,  1919.  In  effect 
immediately.    Stats.  1919,  p.  1339.] 

Duty  of  state  officers. 

^  6.  It  shall  be  the  duty  of  all  persons  subject  to  the  authority  of  the  state  in  that 
behalf  (including  all  state  oflBcers  and  employees  of  all  state  institutions  of  every  kind 
and  character)  to  aid  in  all  proper  ways  in  earrjdng  into  effect  the  provisions  of  this 
act  and  the  rules  and  regulations  prescribed  from  time  to  time  thereunder  and  espe- 
cially, at  the  request  of  the  commission,  to  allow  the  commission  the  reasonable  use  of 
public  buildings  and  to  heat  and  light  the  same  for  the  purpose  of  making  examina- 
tions of  applicants  and  investigations  as  provided  by  this  act.  Every  one  subject  to 
the  authority  of  the  state  in  that  behalf  shall  afford  to  the  commission  and  its  members 
and  employees  all  reasonable  facilities  and  give  inspection  of  all  books,  papers,  docu- 
ments and  accounts  applying  or  in  any  way  appertaining  to  any  and  all  oflSces  subject 
to  the  authority  of  the  state  in  that  behalf,  and  shall  also  produce  said  books,  papers, 
documents  and  accounts,  and  shall  attend  and  testify  when  required  to  do  so  by  the 
commission  or  any  commissioner,  or  the  chief  examiner,  or  the  secretary  or  any  other 
authorized  agent  of  the  commission.  The  attorney  general  shall  advise  and  assist  the 
commission,  and  the  district  attorneys  of  the  counties  shall  prosecute  violations  of  this 
act.  The  commission  may  employ  special  counsel.  [Amendment  of  May  27,  1919.  In 
effect  immediately.    Stats.  1919,  p.  1343.] 

Appointments  to  be  under  act. 

§  7.  The  appointing  power  in  all  cases  not  excepted  or  exempted  under  the  pro- 
visions of  this  act,  or  by  virtue  of  the  provisions  of  the  constitution  of  the  state,  shall 
fill  positions  by  appointment,  including  cases  of  transfers,  reinstatements,  promotions 
and  reductions,  in  strict  accordance  with  the  provisions  of  this  act  and  the  rules  and 
regulations  prescribed  from  time  to  time  hereunder,  and  not  otherwise.  Except  only 
and  to  the  extent  that  the  appointing  power  otherwise  requests  as  hereinafter  pro- 
vided, the  positions  held  in  the  following  specified  classes  are  excepted  from  such 
method  of  appointment: 

Exceptions. 

First — Appointee  of  the  legislature  and  one  person  holding  a  position  having  a 
confidential  relation,  whether  as  secretary  or  clerk  or  stenographer  to  each  such 
appointee. 

Second — Appointees  of  the  governor  and  one  person  holding  a  position  having  a 
confidential  relation  whether  as  secretary  or  clerk  or  stenographer  to  each  such 
appointee. 

Gen.  Laws — 23 


Act  846,  §8  GENERAL   LAWS.  S54 

Third — The  chief  deputj'^  of  and  also  one  person  holding  a  position  having  a  con- 
fidential relation  whether  as  secretary  or  clerk  or  stenogi*apher  to  an  elective  oflBcer. 

Fourth — The  secretary  or  executive  officer,  or  both,  and  also  the  attorney  and  one 
stenographer  of  any  board  or  commission  appointed  by  the  legislature  or  governor  or 
elected  by  the  electors,  and  all  stenographers  in  the  superior  and  appellate  courts. 

Fifth — The  assistant  and  deputies  of  the  attorney  general  and  all  special  attorneys 
for  boards  and  officers. 

Sixth — The  members  of  the  appointing  board  of  and  any  chief  in  any  legislative 
reference  or  counsel  bureau  and  one  person  holding  a  confidential  relation  to  each  such 
chief. 

Seventh. — One  warden  for  each  of  the  state  prisons. 

Eighth — One  superintendent  for  each  of  the  state  reformatories,  state  hospitals  or 
other  state  charitable  or  correctional  institutions;  also  the  parole  officers  for  the  state 
prisons,  Preston  School  of  Industry  and  Whittier  State  School. 

Ninth — Persons  employed  by  the  University  of  California  and  the  state  normal 
schools,  and  the  teaching  force  of  the  elementary,  secondary,  trades  and  technical 
schools. 

Tenth — ^Persons  engaged  in  work  done  by  co-operation  between  the  state  and  federal 
governments. 

Eleventh — The  state  librarian,  the  chief  deputy  or  assistant  state  librarian  and  also 
one  person  holding  a  position  having  a  confidential  relation  to  the  state  librarian,  and 
appointees  under  provisions  for  court,  law,  teachers,  school  and  county  libraries. 

Twelfth — The  secretary,  chief  accountant  and  children's  agents  of  the  state  board  of 
control. 

Thirteenth — The  employees  of  the  state  railroad  commission. 

Fourteenth — Superintendents,  chiefs,  and  heads  of  departments. 

Position  may  be  declared  exempt. 

All  provided  that  at  any  time  any  vacancy  in  any  position  in  any  of  the  above 
specified  fourteen  excepted  classes  may  be  filled  by  the  appointing  power  in  the  manner 
provided  by  this  act,  in  which  case  the  person  appointed  shall  hold,  during  the  tenure 
of  office  of  said  appointing  power,  such  position  under  the  tenure  of  good  behavior 
and  subject  to  the  provisions  of  this  act  as  if  that  position  had  not  been  so  excepted, 
but  upon  such  appointee  ceasing  to  hold  such  position  that  position  shall  be  open  as  in 
such  excepted  class.  Upon  such  appointee  ceasing  to  hold  such  office  by  reason  of  the 
termination  of  the  tenure  of  office  of  said  appointing  power,  said  appointee  shall  be 
restored  to  place  upon  the  eligible  lists  in  accordance  with  such  rules  and  regulations 
as  the  commission  may  prescribe  in  that  behalf.  Any  position  subject  to  the  provisions 
of  this  act  may  be  declared  exempted  by  resolution  passed  by  concurrence  of  the  three 
commissioners.  Such  resolution  shall  state  separately  the  reasons  for  each  exemption. 
Not  more  than  one  appointment  shall  be  made  to  or  under  any  position  covered  by  such 
resolution  unless  permission  to  appoint  a  different  number  is  given  therein.  Any  excep- 
tion thus  made  may  be  terminated  at  any  time  by  resolution  of  the  commission. 
Appointments  to  exempted  positions  shall  be  reported  immediately  to  the  commission. 
The  names  of  each  exempted  position  and  the  names  of  the  incumbent  and  the  reason 
for  each  exemption  shall  be  stated  in  the  biennial  reports  of  the  commission.  [Amend- 
ment of  May  27,  1919.    In  effect  immediately.    Stats.  1919,  p.  1343.] 

Rules  for  classification  of  positions. 

§  8.  Within  three  months  after  the  commission  is  constituted,  it  shall  make  rules 
for  the  classification  of  positions  to  be  held  under  state  authority  to  be  provided  by  this 
act,  and  subject  to  the  provisions  of  this  act;  such  rules  shall  govern  appointments, 
transfers,  reinstatements,  promotions,  reductions   and  removals,   and   examination  of 


355  CIVIL  SERVICE  COMMISSION.  Act  846,  §§  0, 10 

applicants,  and  the  commission  may  amend  such  rules  from  time  to  time.  Such  rules 
shall  be  printed  for  public  distribution.  [Amendment  of  May  27,  1919.  In  effect 
immediately.    Stats.  1919,  p.  1344.] 

Method  of  making  appointments.    Appointments  for  prohationary  period. 

$  9.  Subject  to  the  special  provisions  in  this  as  to  laborers,  appointments  shall  be 
made  to  all  positions  that  are  not  filled  by  promotion,  reinstatement,  transfer  or 
reduction,  under  the  provisions  of  this  act  and  the  rules  in  pursuance  thereof,  by  the 
appointing  power:  Said  appointing  power  shall  notify  the  commission  of  any  vacancy 
to  be  filled,  stating  the  duties  of  the  position.  The  commission  shall  then  certify  to 
the  appointing  power  the  names  and  addresses  of  the  three  persons  standing  highest 
on  the  eligible  list  for  the  class  or  grade  to  which  the  position  belongs;  but  in  case 
there  be  less  than  three  on  such  eligible  list,  the  commission  shall  certify  the  number 
thereon;  and  the  appointing  power  shall  fill  the  position  by  the  appointment  of  one 
of  the  persons  certified  by  the  commission  therefor.  The  term  of  eligibility  shall  be 
fixed  for  each  eligible  list  at  not  less  than  one  year.  Appointments  shall  be  made 
from  the  eligible  list  most  nearly  appropriate  for  the  position  to  be  filled,  and  a  new 
list  shall  be  created  for  a  stated  position  or  a  group  of  positions  only  when  there  ig 
no  appropriate  list  existing  from  which  appointment  may  be  made.  No  person  shall 
be  appointed  under  any  title  not  appropriate  to  the  duties  to  be  performed,  and  no 
person  shall  be  assigned  to  perform  the  duties  of  any  other  position  than  that  which 
he  legally  holds,  except  by  consent  of  the  commission.  All  appointments  shall  be 
for  a  probationary  period  to  be  fixed  by  the  commission  but  not  to  exceed  six  months. 
Unless  such  appointee  shall  have  been  dismissed  within  such  probationary  period  by 
the  appointing  power,  for  reasons  stated  in  writing  and  filed  with  the  commission, 
his  appointment  shall  become  permanent  subject  to  the  provisions  of  this  act  as  to 
removals,  suspensions  and  changes.  Discharged  probationers  may  by  unanimous  vote 
of  the  commission  be  restored  to  the  list  of  eligibles  for  certification  to  any  position 
within  their  class  other  than  the  one  from  which  they  were  rejected. 

Character   of  examinations.     Preliminary  requirements.     Application  blanks.     May 

refuse  to  examine.    Appointing  power  may  require  bond. 

§  10.  The  examinations  shall  be  practical  in  their  character,  and  shall  relate  to  those 
matters  which  will  fairly  test  the  relative  capacity  and  fitness  of  the  persons  examined 
to  discharge  the  duties  of  the  positions  they  seek.  Applicants  for  positions  in  the 
mechanical  trades  and  occupations  may,  in  the  discretion  of  the  commission,  be  rated 
solely  on  experience  and  physical  qualifications  which  may  be  determined  by  such 
evidence  and  in  such  manner  as  the  commission  may  direct;  and  such  applicants  may  be 
submitted  to  such  further  tests  as  the  commission  may  require.  The  commission  shall 
prepare  lists  of  preliminary  requirements  and  subjects  of  examinations  for  the  several 
positions,  and  shall  publish  its  rules  and  regulations  and  such  information  and  advertise 
such  examinations  in  such  manner  as  the  nature  of  the  examination  may  require.  The 
commission,  except  as  may  be  otherwise  provided  in  the  case  of  laborers,  shall  require 
an  applicant  to  file  in  its  oflSce,  in  accordance  with  its  rules  and  regulations,  a  reasonable 
length  of  time  before  the  date  of  examination,  a  formal  application  filled  out  in  his 
own  handwriting.  Blank  forms  of  such  application  shall  be  furnished  by  said  com- 
mission without  charge  to  all  persons  requesting  the  same.  The  commission  may  require 
in  connection  with  applications,  including  laborers,  such  certificates  of  citizens,  physi- 
cians, public  oflSeers  or  others  having  knowledge  of  the  applicant,  as  the  good  of  the 
ser^^ce  may  require.  The  commission  may  refuse  to  examine  or  after  examination  to 
certify  as  eligible,  any  one  who  is  found  to  lack  any  of  the  established  preliminary 
requirements  for  the  examination  or  position  for  which  he  applies;  or  who  is  physically 
so  disabled  as  to  be  rendered  unfit  to  perform  the  duties  of  the  position  to  which  he 


Act  S46,  §g  Xl-13  GENERAL   LAWS.  35« 

seeks  appointment,  or  who  is  addicted  to  the  habitual  use  of  intoxicating  beverages  to 
excess;  or  who  has  been  guilty  of  a  crime  or  of  infamous  or  notoriously  disgraceful 
conduct;  or  who  has  been  dismissed  from  the  public  service  for  delinquency  or  mis- 
conduct; or  who  has  intentionally  made  a  false  statement  of  any  material  facts,  or 
practiced,  or  attempted  to  practice  any  deception  or  fraud  in  his  application,  in  his 
examination,  or  in  securing  his  eligibility.  Any  person  appointed  to  a  position  under 
the  pro\isions  of  this  act  who  has  secured  his  place  on  the  eligible  list  through  fraud 
shall  be  removed  by  the  commission  from  his  position  and  shall  not  thereafter  be  eligible 
for  examination  for  any  position  under  the  provisions  of  this  act  except  by  unanimous 
permission  of  the  commission.  When  the  position  to  be  filled  involves  fiduciary  respon- 
sibClity,  the  appointing  power  may  require  the  appointee  to  furnish  a  reasonable  bond 
or  other  security,  and  shall  notify  the  commission  of  the  amount  and  necessary  details 
thereof.    [Amendment  of  May  27, 1919.    In  effect  inmiediately.    Stats.  1919,  p.  1345.] 

Temporary  appointments. 

§  11.  When  there  is  no  eligible  list  from  which  a  position  may  be  filled,  the  appoint- 
ing power  may,  with  the  consent  of  the  commission,  fill  such  position  by  temporary 
appointment;  and  such  temporar}'  appointment  shall  not  continue  for  a  longer  period 
than  three  months,  nor  shall  successive  temporary  appointments  be  made  to  the  same 
position  under  this  section  without  the  previous  consent  of  the  commission,  and  in  no 
case  shall  any  person  hold  a  position  under  such  successive  temporary  appointments 
for  a  longer  period  than  six  months  without  the  unanimous  consent  of  the  commission. 
[Amendment  of  May  27,  1919.    In  effect  immediately.    Stats.  1919,  p.  1346.] 

Emergency  appointments. 

§  12.  The  commission  shall  establish  rules  and  regulations  under  which  emergency 
appointments  may  be  made  when  those  on  the  eligible  lists  are  not  immediately  avail- 
able, and  for  the  time  for  which  such  emergency  appointments  shall  be  valid;  and  may 
fix  a  different  time  for  different  counties  or  cities  and  counties  of  the  state  for  which 
such  emergency  appointments  shall  be  valid.  [Amendment  of  May  27,  1919.  In  effect 
immediately.    Stats.  1919,  p.  1346.] 

Promotions.     Transfer. 

§  13.  Vacancies  in  positions  shall  be  filled,  so  far  as  practicable  bj'  promotion  from 
among  persons  holding  positions  in  a  lower  grade  of  the  department,  office  or  institu- 
tion in  which  the  vacancy  exists.  Promotion  shall  be  based  upon  merit  and  competition 
and  upon  the  sui^erior  qualifications  of  the  person  promoted  as  shown  by  his  records  of 
efficioncy.  For  the  purposes  of  this  section  an  increase  in  the  salary  or  other  compen- 
sation of  any  person  holding  an  office  or  position  within  the  scope  of  the  rules  and 
regulations  in  force  hereunder  beyond  the  limit  fixed  for  the  grade  in  which  such  office 
and  position  is  classified,  shall  be  deemed  a  promotion.  The  commission  may  authorize 
the  transfer  of  any  person  legally  holding  a  position  to  a  similar  position  in  the  same 
class  or  grade,  and  may  provide  for  the  reinstatement  within  one  year  of  persons  sep- 
arated from  positions  without  fault  or  delinquency  on  their  part,  if  within  that  time 
there  is  need  for  their  services.  No  promotion,  transfer  or  reinstatement  shall  be  made 
from  a  position  in  one  class  to  a  position  in  another  class,  nor  shall  a  person  be  trans- 
ferred to  or  reinstated  in  a  position  for  original  entrance  to  which  there  is  required  by 
this  act  or  the  rules  and  regulations  thereunder  an  examination  involving  essential  tests 
or  qualifications  different  from  or  higher  than  those  required  for  original  entrance  to 
the  position  held  by  such  person.  [Amendment  of  May  27, 1919.  In  effect  immediately. 
Stats.  1919,  p.  1346.] 


357  CIVIL  SERVICE  COMMISSION.  Act  S46,  §§  14-16 

Tenure  of  office.    Written  charges.    Public  hearing.    Judgment  not  subject  to  review. 

Suspension. 

{  14.  The  tenure  of  every  one  holding  a  position  under  the  provisions  of  this  act 
shall  be  during  good  behavior,  but  any  such  person  may  be  removed  for  any  of  the 
following  causes: 

(a)  Incompetence,  or  inefficienc3\ 

(b)  Dishonesty,  intemperance,  immoral  conduct,  insubordination,  discourteous  treat- 
ment of  the  public  or  of  fellow  employees,  a  violation  of  the  provisions  of  this  act  or 
of  the  rules  and  regulations  of  the  commission  or  any  other  failure  of  good  behavior. 
The  appointing  power  that  could  fill  such  positions  under  the  provisions  of  this  act  if 
vacant  or  the  commission  may  remove,  as  hereinafter  provided,  for  such  cause.  The 
appointing  power  in  so  proceeding  must  furnish  to  the  person  holding  such  position 
written  charges  setting  forth  such  ground  for  removal  and  file  copy  with  the  commis- 
sion and  allow  the  accused  a  reasonable  time  and  opportunity  to  file  with  the  com- 
mission and  furnish  to  said  appointing  power  written  answer  and  explanation  and 
thereafter  said  appointing  power  shall  publicly  hear  and  determine  such  charges  after 
reasonable  notice  to  the  accused  and  the  commission  of  the  time  and  place  of  said 
hearing  and  affording  the  accused  an  opportunity  at  such  hearing  to  present  whatever 
competent  evidence  the  accused  may  desire  in  defense.  In  case  of  charges  presented 
by  or  to  the  commission,  it  shall  proceed  in  like  manner.  A  judgment  of  removal,  in 
writing,  setting  forth  the  findings  of  said  appointing  power  after  such  hearing  and  filed 
with  the  commission,  shall  be  final  and  effect  such  removal  and  shall  not  be  subject 
to  review  by  any  other  tribunal,  except  that  in  case  of  proceedings  against  the  same 
person  before  both  the  appointing  power  and  the  commission  the  judgment  against  the 
accused  by  either  the  appointing  power  or  the  commission  shall  control  a  judgment  by 
the  other  in  favor  of  the  accused.  Such  appointing  power  may  from  time  to  time 
peremptorily  suspend,  with  loss  of  salary  or  other  compensation  during  such  suspension, 
such  person  for  such  cause,  and  without  trial,  but  only  upon  written  charges  so  fur- 
nished to  such  person  and  filed  with  the  commission  and  with  the  privilege  to  such 
person  to  so  furnish  to  the  appointing  power  and  file  with  the  commission  written 
answer  and  explanation,  but  such  suspension  or  total  suspensions  by  that  appointing 
power  of  that  person  shall  not  exceed  thirty  days.  Either  the  appointing  power  or  the 
commission  may  transfer  charges  to  the  other  for  action  or  investigation. 

Employment  of  laborers. 

$  15.  The  commission  shall  provide  by  rule  for  the  employment  of  laborers  in  the 
labor  class  in  the  order  of  priority  of  application  for  employment.  There  shall  be 
separate  lists  of  applicants  for  different  kinds  of  labor,  and  the  commission  may  provide 
separate  labor  registration  lists  for  departments,  institutions,  districts  or  localities. 
The  commission  may  require  an  applicant  for  registration  to  pass  such  examination  as 
they  may  deem  proper  with  respect  to  his  age,  residence,  physical  condition,  ability  to 
labor,  skill,  capacity  and  experience.  The  commission  shall  establish  such  time  as  it 
may  deem  expedient  for  the  duration  of  eligible  lists  in  the  labor  class.  [Amendment 
of  May  27,  1919.    In  effect  immediately.    Stats.  1919,  p.  1346.] 

Reports  of  appointees,  etc.    Official  roster. 

§  16.  It  shall  be  the  duty  of  each  appointing  power  to  report  to  the  commission 
forthwith  upon  each  appointment  the  name  of  the  appointee,  the  title  or  character  of 
the  position,  the  date  of  the  commencement  of  such  service,  and  the  salary  or  compen- 
sation therefor,  and  to  report  from  time  to  time,  and  upon  the  date  of  official  action 
in,  or  knoAvledge  of  each  case,  any  separation  of  the  person  from  the  position,  or  other 
changes,  and  such  other  information  as  the  commission  may  require  in  order  to  kee]) 
the  roster  hereinafter  mentioned.     The  commission  shall  keep  in  its  oflfice  an  official 


Act  846,  §§  17,  18  GEXERAL   LAWS.  85S 

roster  of  all  persons  holding  positions  under  the  provisions  of  this  act  and  shall  enter 
thereon  the  name  of  each  and  eveiy  person  who  has  been  appointed  to,  promoted, 
reduced,  transferred,  reinstated  or  removed  from  or  left  any  position  and  require  such 
evidence  as  it  may  deem  satisfactory  as  to  whether  such  person  was  appointed  to,  pro- 
moted, reduced,  transferred,  reinstated  or  removed  from  such  position  in  accordance 
with  the  provisions  of  this  act  and  the  rules  and  regulations  of  the  commission  there- 
under and  as  to  when  and  why  and  how  such  person  was  otherwise  separated  from  such 
position.  The  official  roster  shall  show  opposite,  or  in  connection  with,  each  name, 
the  date  of  appointment,  promotion,  reduction,  transfer  or  reinstatement,  the  compen- 
sation of  the  position,  the  date  of  commencement  of  service  and  change  in  or  separation 
from  position  and  when  and  why  and  how  there  was  such  change  or  separation.  The 
names  of  all  persons  holding  positions  at  the  time  of  the  taking  effect  of  this  act  which 
if  vacant  would  be  filled  under  the  provisions  of  this  act  shall  be  certified  to  the  com- 
mission by  the  appointing  power  that  could  then  so  fill  such  position  if  vacant,  and 
such  names  shall  be  entered  in  said  roster,  and  thereupon  shall  be  deemed  appointed 
under  the  provisions  of  this  act  and  persons  then  holding  such  positions  who  have 
served  in  such  positions  a  less  period  than  one  year  and  more  than  sixty  days  from  the 
date  of  the  classification  of  such  positions  as  required  by  this  act  shall  be  deemed  to  be 
serving  the  probationary  period,  and  persons  who  have  served  in  such  positions  for  less 
than  such  sixty  days  shall  be  deemed  temporary  appointees.  [Amendment  of  May  27, 
1919.    In  effect  immediately.    Stats.  1919,  p.  1347.] 

Certification  of  pay  rolls. 

§  17.  It  shall  be  unlawful  for  the  controller  or  other  fiscal  officer  of  the  state  to 
draw,  sign,  issue,  or  authorize  the  drawing,  signing,  or  issuing  of  any  warrant  on  the 
treasurer  or  other  disl)ursing  officer  of  the  state  for  the  payment  of,  or  for  the  treasurer 
or  other  disbursing  officer  to  pay  any  salarj'^  or  compensation  to  any  one  holding  any 
position  under  the  provisions  of  this  act  unless  the  estimate,  pay  roll  or  account  for 
such  salary  or  compensation,  containing  the  name  of  the  person  to  be  paid,  shall  bear 
the  certificate  of  the  commission  that  the  persons  named  in  such  estimate,  pay  roll  or 
account  are  holding  positions  as  provided  by  this  act  and  the  rules  and  regulations 
prescribed  thereunder.  Any  sums  paid  contrary  to  the  provisions  of  this  section  may 
be  recovered  from  any  one  making  such  appointment  in  violation  of  the  provisions  of 
this  act  and  of  the  rules  and  regulations  prescribed  thereunder  or  from  any  officer 
signing,  or  countersigning,  or  authorizing  the  signing  or  countersigning  of  any  warrant 
for  the  payment  of  the  same,  and  from  the  sureties  on  his  official  bond  in  an  action 
in  any  court  of  competent  jurisdiction  of  this  state  maintained  by  a  citizen  resident 
therein,  who  is  assessed  for  and  is  liable  to  pay,  or  within  one  year  before  the  com- 
mencement of  such  action  has  paid,  a  tax  therein.  All  moneys  recovered  in  any  action 
brought  under  the  provisions  of  this  section  must,  when  collected,  be  paid  into  the 
treasury  of  the  state,  except  that  the  plaintiff  in  an}'^  such  action  shall  be  entitled  to 
receive  for  his  own  use  the  taxable  costs  of  such  action.  [Amendment  of  May  27, 
1919.    In  effect  immediately.    Stats.  1919,  p.  1347.] 

Penalty  for  false  marking,  grading,  etc. 

$  18.  Any  commissioner  or  examiner,  or  any  person  who  shall  wilfully  by  himself 
or  in  co-operation  with  one  or  more  persons,  defeat,  deceive  or  obstruct  any  person  in 
respect  of  his  or  her  right  of  examination  or  registration,  according  to  any  rules  oi' 
regulations  prescribed  pursuant  to  the  provisions  of  this  act,  or  who  shall  wilfully  and 
falsely  mark,  grade,  estimate,  or  report  upon  the  examination  or  proper  standing  of 
any  person  examined,  registered,  or  certified  pursuant  to  the  provisions  of  this  act, 
or  aid  in  so  doing,  or  who  shall  wilfully  make  any  false  representation  concerniHg  the 
same,  or  concerning  the  person  examined,  or  who  shall  wilfully  furnish  to  any  person 


^ 


359  CIVIL  SERVICE  COMMISSIOPr.  Act  S46,  g§  19-21 

any  special  or  secret  information  for  the  pui-pose  of  either  improving  or  injuring  the 
prosjjects  or  chances  of  any  person  so  examined,  registered,  or  certified,  or  to  be 
examined,  registered,  or  certified,  or  who  shall  personate  any  other  person,  or  permit  or 
aid  in  any  manner  any  other  person  to  personate  him,  in  connection  with  any  examina- 
tion or  registration  or  application  or  request  to  be  examined  or  registered,  shall  be 
deemed  guilty  of  misdemeanor.  [Amendment  of  May  27,  1919.  In  effect  immediately. 
Stats.  1919,  p.  1348.] 

Soliciting  prohibited. 

$  19.  No  officer,  agent,  clerk  or  employee,  under  the  government  of  the  state  shall, 
directly  or  indirectly,  solicit  or  receive,  or  be  in  any  manner  concerned  in  soliciting  or 
receiving,  any  assessment,  subscription,  contribution  or  political  service,  whether  vol- 
untary or  involuntary,  for  any  political  purj^ose  whatever,  from  any  one  on  the  eligible 
lists  or  holding  any  position  under  the  provisions  of  this  act. 

Every  officer,  agent,  clerk  or  employee  under  the  government  of  the  state  who  may 
have  charge  or  control  in  any  building,  office,  or  room  occupied  for  any  purpose  of  said 
government  is  hereby  authorized  to  prohibit  the  entry  of  any  person,  and  he  shall  not 
permit  any  person  to  enter  the  same,  for  the  purpose  of  therein  making,  collecting, 
receiving  or  giving  notice  of  any  political  assessment,  subscription  or  contribution,  and 
no  person  shall  enter,  or  remain  in  any  said  building,  office  or  room,  or  send  or  direct 
any  letter  or  other  notice  thereto,  for  the  purpose  of  giving  notice  of,  demanding,  or 
collecting  a  political  assessment,  subscription  or  contribution,  nor  shall  any  person 
therein  give  notice  of,  demand,  collect  or  receive,  any  such  assessment,  subscription  or 
contribution  contrary  to  the  provisions  of  this  section.  [Amendment  of  May  27,  1919. 
In  effect  immediately.    Stats.  1919,  p.  1348.] 

Promise  of  advancement  for  political  influence  prohibited. 

$  20.  No  one,  while  holding  any  public  office,  or  in  nomination  for,  or  while  seeking 
a  nomination  or  appointment  for,  any  public  office,  shall  use  or  promise  to  use,  whether 
directly  or  indirectly,  any  official  authority  or  influence  (whether  then  possessed  or 
merely  anticipated)  in  any  way  of  conferring  upon  any  person,  or  in  order  to  secure  or 
aid  any  person  in  securing  any  position  under  the  provisions  of  this  act,  either  in  nomi- 
nation, confirmation,  promotion,  or  increase  in  salary,  or  as  to  any  change  in  any  such 
position,  upon  a  consideration  or  condition  that  the  vote  or  political  influence  or  action 
of  the  last  named  person  or  any  other,  shall  be  given  or  used  in  behalf  of  any  candidate, 
officer  or  party,  or  upon  any  other  corrupt  condition  or  consideration.  And  no  one, 
being  a  public  officer,  or  in  nomination  for,  or  while  seeking  nomination  or  appointment 
for,  any  public  officer  or  having  or  claiming  to  have  any  authority  or  influence  (whether 
then  possessed  or  merely  anticipated)  for  the  securing  or  holding  of  or  as  to  affecting 
any  position  under  the  provisions  of  this  act,  shall  use,  or  promise  or  threaten  to 
■  use,  any  such  authority  or  influence,  directly  or  indirectly,  in  order  to  coerce  or  per- 
suade the  vote  or  political  action  of  any  person  on  the  eligible  lists  or  holding  any 
position  under  the  provisions  of  this  act.  [Amendment  of  May  27,  1919.  In  effect 
immediately.    Stats.  1919,  p.  1349.] 

No  salary  to  persons  appointed  in  violation  of  act. 

§  21.  No  salary,  compensation  or  other  emolument  shall  be  paid  to  any  one  appointed 
to  or  retained  in  any  position  in  violation  of  this  act.  Any  officer  approving  or  paying 
such  salary  shall  be  liable  for  such  sum  on  his  official  bond.  Whenever  the  commission 
shall  notify  the  auditing  officer  that  any  position  has  been  filled  in  violation  of  this 
act  or  any  of  the  miles  and  regulations  thereunder,  no  demand  for  the  salary  or  com- 
pensation or  other  emolument  of  such  position  shall  be  approved  or  paid  except  upcm 
ihe  order  of  a  court  of  competent  jurisdiction.  [Amendment  of  May  27,  1919.  In 
effect  immediately.    Stats.  1919,  p.  1349.] 


4ct  846,  §§  22-28  GfiNERAL,   LAWS.  800 

Appointing  power  must  pay  persons  accepting  appointment  in  good  faith. 

^  22.  Any  person  acting  in  good  faith  in  accepting  appointment  or  employment  con- 
trary to  the  provisions  of  this  act  or  of  the  rules  and  regulations  prescribed  thereunder, 
ghall  be  paid  by  the  appointing  power  the  compensation  promised  by  or  on  behalf  of 
the  appointing  power  or  in  case  no  compensation  is  so  promised  then  the  actual  value 
of  any  service  rendered  and  the  expense  incurred  in  good  faith  under  such  attempted 
appointment  or  employment,  and  shall  have  a  cause  of  action  against  the  appointing 
power  for  such  sum  or  sums  and  for  the  costs  of  action.  No  public  officer  shall  be  reim- 
bursed by  the  state  or  any  of  its  instrumentalities  for  any  sum  so  paid  or  recovered  in 
such  action.  [Amendment  of  May  27,  1919.  In  effect  immediately.  Stats.  1919, 
p.  1349.] 
Political  or  religious  opinions  not  to  be  considered. 

§  23.  No  recommendation  or  question  or  inquiry  under  the  authority  of  this  act  shall 
relate  to  the  political  or  religious  opinions  or  affiliations  of  any  person,  and  no  appoint- 
ment or  change  in  or  removal  from  any  position  under  the  provisions  of  this  act  shall 
be  in  any  manner  affected  or  influenced  by  such  opinions  or  affiliations.  [Amendment 
of  May  27,  1919.    In  effect  immediately.    Stats.  1919,  p.  1350.] 

Witness  fees. 

§  24.  Witnesses  and  officers  to  subpoena  and  secure  the  attendance  of  witnesses 
before  the  commission,  or  any  commissioner,  or  the  chief  examiner  or  other  authorized 
agent  of  the  commission,  shall  be  entitled  to  the  same  fees  as  are  allowed  witnesses  in 
civil  cases  in  courts  of  record.  Such  fees  need  not  be  prepaid,  but  the  controller  shall 
draw  his  warrant  for  the  payment  of  the  amount  thereof  when  the  same  shall  have  been 
certified  to  by  the  commission  and  duly  proved  by  affidavit  or  otherwise  to  the  satis- 
faction of  the  controller.  [Amendment  of  May  27,  1919.  In  effect  immediately. 
Stats.  1919,  p.  1350.] 

Penalty. 

§  25.  Any  person  wilfully  violating  any  of  the  provisions  of  this  act  shall  be  guilty 
of  a  misdemeanor.  [Amendment  of  May  27,  1919.  In  effect  immediately.  Stats.  1919, 
p.  1350.] 

Veteran  defined. 

§  26.  The  term  "veteran"  as  used  in  this  act  means  and  includes  any  person  who 
has  served  in  the  United  States  army,  navy,  marine  corps,  revenue  marine  service,  or 
as  an  active  nurse  in  the  service  of  the  American  Red  Cross  or  in  the  army  and  navy 
nurse  corps,  during  or  prior  to  the  war  between  the  United  States  and  the  Central 
European  Powers  and  who  has  not  been  dishonorably  discharged  from  such  service. 
[Amendment  of  May  27,  1919.    In  effect  immediately.    Stats.  1919,  p.  1350.] 

Preference  to  veterans. 

^  27.  When  proper  proof  is  presented  to  the  state  civil  service  commission  that  an 
applicant  is  a  veteran,  as  defined  in  this  act,  and  such  veteran  stands  equal  in  per- 
centage in  any  civil  service  examination  for  original  entrance  into  the  public  service, 
with  any  other  applicant  or  applicants  taking  the  same  examination,  it  shall  be  the 
duty  of  the  state  civil  service  commission  to  show  such  veteran  preference  by  giving 
him  the  higher  rank.  [Amendment  of  May  27,  1919.  In  effect  immediately.  Stats. 
1919,  p.  1350.] 
Purpose  of  act  to  give  preference  to  veterans. 

§  28.  It  is  the  purpose  of  this  act  to  give  preference,  in  the  manner  set  forth  in  the 
foregoing  section,  to  all  persons  who  have  served  the  government  and  the  people  in  the 
army,  navy,  marine  corps,  revenue  marine  service,  or  as  active  nurses  in  the  American 
Red  Cross  or  the  army  and  navy  nurse  corps,  and  particularly  to  persons  who  have 
rendered  such  service  during  the  Ally-Germanic  war,  the  Spanish-American  war,  the 


J 


3G1  CIVIL,  service:  COM^MISSION.  Act  846,  §§  29-31 

Philippine  insurrection,  the  Boxer  uprising,  the  Indian  wars,  or  the  Civil  War.     [New 
section  added  May  27,  1919.    In  effect  immediately.    Stats.  1919,  p.  1350.] 

Interpretation  by  court. 

§  29.  Whenever  this  act  or  any  part  or  section  thereof  is  interpreted  by  a  court,  it 
shall  be  liberally  construed  by  such  court.  [New  section  added  May  27,  1919.  In  effect 
immediately.    Stats.  1919,  p.  1350.] 

Constitutionality. 

^  30.  If  any  section,  subsection,  subdivision,  sentence,  clause  or  phrase  of  this  act 
is  for  any  reason  held  to  be  unconstitutional,  such  decision  shall  not  affect  the  validity 
of  the  remaining  portions  of  this  act.  The  legislature  hereby  declares  that  it  would 
have  passed  this  act,  and  each  section,  subsection,  subdivision,  sentence,  clause  and 
phrase  thereof,  irrespective  of  the  fact  that  any  one  or  more  sections,  subsections,  sub- 
divisions, sentences,  clauses  or  phrases  be  declared  unconstitutional.  [New  section 
added  May  27,  1919.    In  effect  immediately.     Stats.  1919,  p.  1350.] 

Repealed. 

^  31.  All  acts  and  parts  of  acts  inconsistent  with  this  act  are  hereby  repealed  in  so 
far  as  they  are  inconsistent  with  the  provisions  of  this  act.  [New  section  added 
May  27, 1919.    In  effect  immediately.    Stats.  1919,  p.  1351.] 

The  amending  act  of  May  27,  1919,  contained  the  following: 

Emergency  measure. 

Sec.  6.  Inasmuch  as  the  United  .States  military  and  naval  forces  are  being  demobil- 
ized and  those  who  went  into  the  federal  service  are  suddenly  returning  in  great  num- 
bers to  their  homes;  and  inasmuch  as  this  act  will  assist  them  to  re-employment, 
thereby  simplifying  the  problems  of  reconstruction,  it  is  hereby  declared  that  this  act 
is  an  emergency  measure  necessary  for  the  immediate  preservation  of  the  public  peace, 
health  and  safety,  under  the  provisions  of  section  one  of  article  four  of  the  constitution 
of  the  state  of  California  and  that  this  act  shall  take  effect  immediately. 

state  civil  service  act  not  binding  upon  county  of  San  Francisco. — Ulite  v.  Rosen- 
the  civil  service  commission  of  the  city  and       thai,   37   Cal.  App.   519,   174   Pac.   83. 

CLAREMONT. 

See  Act  3094,  note. 

CLEAR  LAKE. 
See  Kerr's  Cyc.  Political  Code,  §  2349. 

CLEVELAND  NATIONAL  FOREST. 

See  tit.  ''Forestiy." 

CLOVERDALE. 

See  Act  3094,  note. 

CLOVIS. 

See  Act  3094,  note. 

COACHELLA  VALLEY  STORM  WATER  DISTRICT. 

See  tit.  "Storm  Water  Districts." 

COALINGA. 

See  Act  3094,  note. 

CHAPTER  60. 
COAST  SURVEY. 

CONTENTS  OF  CHAPTER. 
ACT  860.    Enter  Lands.    Protect  Operations. 


Acts  8C0-S70,  §  1  GKNERAL   LAWS.  362 

ENTER  LANDS.    PROTECT  OPERATIONS. 
ACT  860 — An  act  to  authorize  persons  engaged  in  the  U.  S.  coast  survey  to  enter 
upon  lands  within  the  state;  to  protect  the  operations  of  the  same  from  injury  and 
molestation,  and  to  ascertain  the  mode  of  assessing  damages  and  to  punish  offenders. 

History:     Passed   April   2,    1852,    Stats.    1852,   p.    147. 
Nature    and     purpose    ot    act     sufliciently  appears  from   title. 

CHAPTER  61. 
CODE  COMMISSION. 

CONTENTS  OF  CHAPTER. 
ACT  865.     Creation  of  Commission. 

CREATION  OF  COMMISSION. 
ACT  865 — An  act  to  create  and  establish  a  commission  for  revising,  systematizing,  and 
reforming  the  laws  of  this  state,  and  for  the  appointment  of  the  members  of  said 
commission,  to  be  known  as  "The  commissioners  for  the  revision  and  reform  of  the 
law,"  and  to  prescribe  their  powers  and  duties;  and  to  authorize  the  appointment  of 
a  secretary  and  stenographer  therefor;  and  to  provide  for  the  compensation  and 
expenses  of  said  commission,  secretary,  and  stenographer,  and  to  appropriate  money 
therefor. 

History:  Approved  March  28,  1895,  Statg.  1895,  p.  345.  Amended 
March  25,  1903,  Stats,  1903,  p.  479;  March  20,  1905,  Stats.  1905,  p.  403; 
March  15,  1907,  Stats.  1907,  p.  294;   April  19,  1909,  Stats.  1909,  p.  997. 

Composition    of    eoiiimissioii — Termination.  By    the    act    of    1907    it    was    continued    until 

— The     commission    originally     consisted     of  Oct.   1,   1911,   when   it   was   to  cease   to   exist, 

three  persons.     In  1903  it  was  reduced  to  one  A   further  appropriation    was  made   in    1909, 

person.     By  the  act  of  1905,  it  was  provided  but  no  change  was  made  as  to  termination, 
the  commission  should  cease  on  May  1,  1907, 

CHAPTER  62. 
COLD  STORAGE. 

CONTENTS  OF  CHAPTER. 

ACT  870,     Cold  Storage  Act, 

871,  Butter  and  Eggs  in  Storage  More  Than  Three  Months. 

872,  Fraudulent  Sale  of  Cold  Storage  Butter  and  Eggs. 

COLD  STORAGE  ACT. 

ACT  870 — An  act  relating  to  cold  storage,  the  regulation  of  refrigerating  warehouses, 

the  disposition  or  sale  of  food  kept  or  preserved  therein,  and  defining  the  duties  of 

the  state  board  of  health  in  relation  thereto. 

History:  Approved  June  13,  1913.  In  effect  August  10,  1913.  Stats. 
1913,  p.  769.  Amended  May  19,  1915.  In  effect  August  8,  1915.  Stats. 
1915,  p.  601;  April  20,  1917.  In  effect  July  27,  1917.  Stats.  1917, 
p.  152. 

"Cold  storage"  defined. 

^  1.  The  term  "cold  storage"  as  used  in  this  act  shall  be  construed  to  mean  a  place 
artificially  cooled  to  a  temperature  of  forty  degrees  Fahrenheit  or  below  but  shall  not 
include  such  a  place  in  a  private  home,  hotel,  restaurant,  or  exclusively  retail  establish- 
ment not  storing  articles  of  food  for  other  persons.  The  term  "cold  stored"  as  used 
in  this  act  shall  be  construed  to  mean  the  keeping  of  "articles  of  food,"  in  "cold 
storage"  for  a  period  exceeding  thirty  days.  The  term  "articles  of  food"  as  used  in 
this  act  shall  be  construed  to  mean  and  include  fresh  meat  and  fresh  meat  products 
(except  in  process  of  manufacture),  fresh  and  dried  fruit  and  vegetables,  fish,  shellfish, 
game,  poultrj-,  eggs,  butter  and  cheese.     The  term  "storer"  as  used  in  this  act  shall 


363  COLD    STORAGE.  Act  870,  §§  2-4 

be  construed  to  mean  the  person  or  persons  "who  offer  articles  of  food  for  cold  storage. 
[Amendment  of  May  19,  1915.    In  effect  August  8,  1915.    Stats.  1915,  p.  601.] 

Application  to  operate  cold  storage  plant.     License  fee.     Restaurants,   hotels,  etc., 

excepted. 

^  2.  Any  person,  firm  or  corporation  desiring  to  operate  a  cold  storage  refrigerating 
warehouse  wherein  shall  be  stored  "articles  of  food"  for  a  period  exceeding  thirty 
days,  shall  make  application  in  writing  to  the  state  board  of  health  for  that  purpose, 
stating  the  location  of  its  plant  or  plants.  On  receipt  of  the  application  the  state  board 
of  health  shall  cause  an  examination  to  be  made  into  the  sanitary  condition  of  said 
plant  or  plants  and  if  found  to  be  in  a  sanitary  condition  and  otherwise  properly 
equipped  for  the  business  of  cold  storage,  the  state  board  of  health  shall  cause  a 
license  to  be  issued  authorizing  the  applicant  to  operate  a  cold  storage  or  refrigerating 
warehouse  for  and  during  a  period  of  one  year.  The  license  shall  be  issued  upon  pay- 
ment by  the  applicant  of  a  license  fee  to  the  state  board  of  health  for  each  and  every 
warehouse  or  plant  operated  by  applicant  under  the  provisions  of  this  act  for  all  cold 
storage  or  refrigerating  warehouses  or  plants  having  a  capacity  of  ten  thousand  cubic 
feet,  or  less,  a  fee  of  fifteen  dollars.  For  all  cold  storage  or  refrigerating  warehouses  or 
plants  having  a  capacity  of  more  than  ten  thousand  cubic  feet  and  less  than  fifty  thou- 
sand cubic  feet,  a  fee  of  thirty  dollars.  For  all  cold  storage  or  refrigerating  ware- 
houses or  plants  having  a  capacity  of  more  than  fifty  thousand  cubic  feet  and  less  than 
one  hundred  thousand  cubic  feet,  a  fee  of  forty  dollars.  For  all  cold  storage  or  refrig- 
erating warehouses  or  plants  having  a  capacity  of  one  hundred  thousand  cubic  feet  or 
more,  a  fee  of  fifty  dollars. 

The  secretary'  of  the  state  board  of  health  shall  keep  a  full  and  correct  account  of  all 
fees  received  under  the  provisions  of  this  act,  and  shall,  at  least  once  each  month, 
deposit  all  such  fees  collected  with  the  state  treasurer  and  make  a  detailed  report 
covering  same  to  the  state  controller,  and  such  moneys  shall  be  credited  to  the  appro- 
priation for  the  support  of  the  pure  food  and  drug  laboratory ;  provided,  however,  that 
nothing  in  this  act  contained  shall  apply  to  cold  storage  or  cold  storage  or  refrigerating 
plants  or  warehouses  as  herein  defined  which  are  maintained  or  operated  by  restaurants, 
hotels,  or  exclusively  retail  establishments  not  storing  articles  of  food  for  other  persons. 
[Amendment  of  April  20,  1917.    In  effect  July  27,  1917.    Stats.  1917,  p.  152.] 

This  section  was  also  amended  May  19,  1915,  Stats.  1915,  p.  601. 

Use  of  unsanitary  places  for  cold  storage  prohibited. 

§  3.  In  the  event  that  any  place  or  places,  or  any  part  thereof,  covered  by  a  license, 
under  the  provision  of  this  act  shall  at  any  time  be  deemed  by  the  state  board  of 
health  to  be  in  an  unsanitary  condition,  it  shall  be  the  duty  of  the  state  board  of  health 
to  notify  licensee  of  such  condition  and  upon  the  failure  of  the  licensee  to  put  said 
specified  place  or  places,  or  the  specified  part  thereof,  in  a  sanitary  condition  within  a 
designated  time  it  shall  be  the  duty  of  the  state  board  of  health  to  prohibit  the  use 
under  its  license  [of]  such  specified  place  or  places,  or  part  thereof,  as  it  deems  in  an 
unsanitary  condition  until  such  time  as  it  may  be  put  in  a  sanitary  condition. 

Record  of  receipts  and  withdrawals.     Quarterly  reports. 

^  4.  It  shall  be  the  duty  of  any  person,  firm  or  corporation,  licensed  to  operate  a 
cold  storage  or  refrigeration  warehouse  to  keep  an  accurate  record  of  the  receipts  and 
the  withdrawals  of  the  articles  of  food,  and  the  state  board  of  health  shall  have  free 
access  to  these  records  at  any  time. 

Every  such  person,  firm  or  corporation,  shall,  furthermore,  submit  a  quarterly  report 
to  the  state  board  of  health,  setting  forth  in  itemized  particulars  quantity  of  food 
products  held  in  cold  stx^rage.  Such  quarterly  reports  shall  bo  filed  on  or  before  the 
25th  day  of  January,  April,  July  and  October  of  each  year,  and  the  reports  so  rendered 


f 


Act  S70.  gg  5-0  GENERAL.   LAAVS.  394 

shall  show  the  conditions  existing  on  the  first  day  of  the  month  in  which  the  report  is 
filed.  The  state  board  of  health  shall  have  the  authority  to  require  such  reports  to  be 
made  at  more  frequent  intervals  than  the  times  herein  specified,  if  in  the  judgment  of 
the  state  board  of  health  more  frequent  reports  shall  be  needed  in  the  interest  of  a 
proper  enforcement  of  this  act,  or  for  other  reasons  affecting  the  public  welfare. 

Diseased  articles  not  to  be  stored.    Articles  for  other  than  human  consumption  to  be 

marked. 

^  5.  No  storer  shall  place  in  cold  storage  any  article  of  food  intended  for  human 
consumption,  if  diseased,  tainted  or  deteriorated  so  as  to  injure  its  keeping  qualities, 
or  if  not  slaughtered,  handled  and  prepared  for  storage  in  accordance  with,  the  pure 
food  and  sanitary  food  laws  and  such  rules  and  regulations  as  may  be  prescribed  by 
the  state  board  of  health  for  the  sanitary  preparation  of  food  products  for  cold  storage, 
under  the  authority  hereinafter  conferred.  Any  article  of  food  if  intended  for  use 
other  than  human  consumption  before  being  cold  stored  shall  be  marked  by  the  owner 
in  accordance  with  forms  prescribed  by  the  state  board  of  health,  under  authority 
hereinafter  conferred,  in  such  a  way  as  to  plainly  indicate  the  fact  that  such  articles 
are  not  to  be  sold  for  human  food. 

Board  of  health  to  supervise  and  inspect  cold  storage  plants. 

§  6.  It  shall  be  the  duty  of  the  state  board  of  health  to  inspect  and  supervise  all 
cold  storage  or  refrigerating  warehouses  in  this  state,  and  to  make  such  inspection 
of  the  entry  of  articles  of  food  therein  as  the  state  board  of  health  may  deem  neces- 
sary to  secure  proper  enforcement  of  this  act.  The  members  of  the  state  board  of 
health  or  its  duly  authorized  agents,  inspectors  or  employees,  shall  be  permitted 
access  to  such  establishments  and  all  parts  thereof  at  all  reasonable  times  for  pur- 
poses of  inspection  and  enforcement  of  the  provisions  of  this  act.  The  state  board  of 
health  may  also  appoint  and  designate,  at  such  salary  or  salaries  as  it  may  designate, 
such  person  or  persons  as  it  deems  qualified  to  make  the  inspections  herein  required. 

Dates  of  receipt  and  withdrawal  marked  on  articles. 

§  7.  All  articles  of  food  when  deposited  in  cold  storage  shall  be  marked  plainly  on 
the  containers  in  which  they  are  packed  or  on  the  individual  article  with  the  date  of 
receipt,  in  accordance  with  such  nales  and  forms  as  may  be  prescribed  by  the  state 
board  of  health,  under  the  authority  hereinafter  conferred;  and  when  removed  from 
cold  storage  shall  be  marked  in  like  manner  with  the  date  of  withdrawal.  [Amend- 
ment of  April  20,  1917.    In  effect  July  27,  1917.    Stats.  1917,  p.  153.] 

Maximum  period  twelve  months.    Extension  of  period. 

§  8.  No  person,  firm  or  corporation  as  owners  or  having  control  shall  keep  in  cold 
storage  any  article  of  food  for  a  longer  period  than  twelve  calendar  months,  except 
with  the  consent  of  the  state  board  of  health,  as  hereinafter  provided.  The  state  board 
of  health,  shall,  upon  application,  grant  permission  to  extend  the  period  of  storage 
beyond  twelve  months  for  a  particular  consignment  of  goods,  if  the  goods  in  question 
are  found,  upon  examination,  to  be  in  proper  condition  for  further  storage  at  the  end 
of  twelve  months.  The  length  of  time  for  which  further  storage  is  allowed  shall  be 
specified  in  the  order  granting  the  permission.  A  report  on  each  case  in  which  such 
extension  of  storage  may  be  permitted,  including  information  relating  to  the  reason 
for  the  action  of  the  state  board  of  health,  the  kind  and  the  amount  of  goods  for  which 
the  storage  period  was  extended,  and  the  length  of  time  for  which  the  continuance 
was  granted,  shall  be  included  in  the  annual  report  of  the  state  board  of  health. 

Notice  :    "These  are  cold  storage  goods." 

^  9.  It  shall  be  unlawful  to  sell,  or  to  offer  or  expose  for  sale,  uncooked  articles  of 
food  which  have  been  cold  stored  without  notifying  persons  purchasing,  or  intending 


3C3  COLD    STORAGE.  Act  871,  §§  1-3 

to  purchase,  the  same  that  they  have  been  kept  in  cold  storage  by  the  display,  in  a 
conspicuous  place  and  upon  the  articles  of  food,  of  a  sign  marked,  "These  are  cold 
stored  goods, ' '  in  type  at  least  two  inches  high ;  and  it  shall  be  unlawful  to  represent  or 
advertise  as  fresh  goods  articles  of  food  which  have  been  placed  in  cold  storage. 

Unlawful  to  return  cold  stored  articles  to  cold  storage. 

$  10.  It  shall  be  unlawful  to  return  to  cold  storage  any  article  of  food  that  has  once 
been  released  from  such  storage  and  placed  on  the  market  for  sale  to  consumers,  but 
nothing  in  this  section  shall  be  construed  to  prevent  the  transfer  of  goods  from  one 
cold  storage  or  refrigerating  warehouse  to  another,  provided,  that  such  transfer  is  not 
made  for  the  purpose  of  evading  any  provision  of  this  act. 

Rules  and  regulations. 

§  11.  The  state  board  of  health  maj'  -make  rules  and  regulations  to  secure  a  proper 
enforcement  of  the  provisions  of  this  act,  including  rules  and  regulations  with  respect 
to  the  sanitary  preparation  of  articles  of  food  for  cold  storage,  the  use  of  marks, 
tags,  or  labels,  and  the  display  of  signs,  and  the  violation  of  such  rules  shall  be  pun- 
ished on  conviction,  as  provided  in  section  12  of  this  act. 

Penalty. 

§  12,  Any  person,  firm  or  corporation  violating  any  of  the  provisions  of  this  act  shall 
upon  conviction  be  punished  for  the  first  offense  by  a  fine  not  exceeding  five  hundred 
dollars,  and  for  the  second  offense  by  a  fine  not  exceeding  one  thousand  dollars,  or  by 
imprisonment  for  not  more  than  ninety  days,  or  by  both  such  fine  and  imprisonment. 

$  13.    All  acts  and  parts  of  acts  in  confiict  herewith  are  hereby  repealed. 


BUTTER  AND  EGGS. 
ACT  871 — An  act  to  regulate  the  sale  of  eggs  and  butter  that  have  "been  in  cold  storage 
for  a  longer  period  than  three  months,  reciuiring  the  labeling  thereof  by  all  persons 
selling  or  offering  the  same  for  sale,  empowering  and  directing  the  state  board  of 
health  to  make  rules  and  regulations  to  carry  this  act  into  effect  and  fixing  penal- 
ties for  the  violation  of  the  same,  or  any  of  the  provisions. 

History:     Approved  March   14,  1911,   Stats.   1911,  p.  356. 

Definitions. 

$  1.  For  the  purpose  of  this  act  the  words  "person,  firm,  company  or  corporation" 
shall  include  wholesalers,  retailei's,  jobbers,  and  every  place  where  eggs  or  butter  that 
have  been  in  cold  storage  for  a  longer  period  than  three  months  are  sold  or  offered 
for  sale. 

Marking  cold  storage  packages. 

$  2.  Every  person,  firm,  company  or  corporation,  who  sells  or  offers  for  sale  any 
eggs  or  butter  that  have  been  in  cold  storage  for  a  longer  period  than  three  months 
shall,  before  so  doing,  cause  to  be  stamped,  marked  or  branded  upon  all  sides  of  each 
receptacle  holding  and  containing  the  same  in  black-faced  letters  two  inches  in  length 
the  period  of  time  during  which  the  same  have  been  in  cold  storage. 

Sign. 

$  3.  That  every  person,  firm,  company  or  corporation  selling  or  offering  for  sale 
any  cold  storage  eggs  or  butter,  shall  display  in  a  conspicuous  place  in  his  or  their 
salesroom,  a  sign  bearing  the  words  "Cold  storage  eggs  or  butter  sold  here"  in  black- 
faced  letters  not  less  than  six  inches  in  length  upon  a  white  ground. 


Acts  872.  S78  GBNERAL   LAWS.  380 

Penalty. 

$  4.  Every  person,  firm,  company  or  corporation,  who  shall  fail  to  comply  with  any 
of  the  provisions  of  this  act  is  guilty  of  a  misdemeanor  and  punishable  by  imprison- 
ment in  the  county  jail  for  a  term  not  exceeding  six  months,  or  a  fine  of  two  hundred 
and  fifty  dollars,  or  both  fine  and  imprisonment. 

Rules. 

§  5.     The  state  board  of  health  is  hereby  authorized  and  directed  to  make  rules  and 

regulations  necessary  to  carry  this  act  into  effect. 
$  6.     This  act  shall  take  effect  immediately. 

Naniifavtiire  and  Hale  of  butter  iu  general.  Penalty  for  sale  of  cold  storage  teen  and 

— See  tits.  "Butter,"  "Dairies."  butter  as  fresh  eggs  and  butter. — See,  post. 

Act  872. 

FRAUDULENT  SALE  OF  BUTTER  AND  EGGS. 
ACT  872 — An  act  regulating  the  sale  of  cold  storage  eggs  and  butter,  represented  to 
be  fresh  eggs  and  butter,  and  fixing  a  penalty  for  the  violation  thereof. 
History:     Approved  March  6.  1911,  Stats.  1911,  p.  285. 

Selling  storage  eggs  and  butter  as  fresh. 

$  1.  Every  person,  firm,  companj'  or  corporation,  who  sells  or  offers  for  sale  any 
cold  storage  eggs  or  butter,  as  and  for  fresh  eggs  or  butter,  or  who  by  any  means 
whatever  represents  the  same  to  be  fresh  eggs  or  butter  is  guilty  of  a  misdemeanor. 

Manufacture  and  sale  of  butter. — See  tits.  "Butter,"   "Dairiea." 

COLFAX. 

See  Act  3094,  note. 

COLLEGE  CITY. 

See  tit. ''Intoxicating  Liquors." 

CHAPTER  63. 
COLLEGES. 

CONTENTS  OF  CHAPTER. 

ACT  878.     Incorporation  op  Colleges. 

880.     Assent  op  State  U.  S.  Endowment  op  Agricultural  Coli^eqes, 

INCORPORATION  OF. 
ACT  878— An  act  to  provide  for  the  incorporation  of  colleges. 

History:  Approved  April  20,  1850,  Stats.  1850,  p.  273.  Amended 
April  13  1855.  Stats.  1855,  p.  110;  February  21,  1868,  Stats.  1867-68, 
p  69-  March  20,  1868,  Stats.  1867-68,  p.  218;  March  28,  1870,  Stats. 
1869-70,  p.  419.  Supplemented  April  27,  1863,  Stats.  1863,  p.  775;  Jan- 
uary 8,  1872,  Stats.  1871-72,  p.  10.  The  supplemental  act  of  1872  was 
amended  February  7,  1874,  Stats.  1873-74,  p.  85. 

Editor's    note:      "The    code    commissioner  seeing'    that    It    purports    to    amend    an    act 

speaking    of   this   act    says:    "Section    288    of  already    repealed." 

the  Civil  Code  repealed  this  act,  together  It  may  be  suggested,  however,  that  the 
with  other  acts  affecting  corporations,  but  legislature  did  not,  by  §  288,  Civil  Code,  re- 
provided  that  corporations  which  were  in  ex-  peal  this  law.  but  left  it  in  force  as  to  ex- 
istence at  the  time  the  codes  went  into  effect  isting  corporations  formed  under  it.  Not 
might  remain  subject  to  the  laws  under  having  lost  all  its  vitality,  is  it  not  subject 
which  they  were  formed.  It  may  therefore  to  amendment  at  least  in  a  detail  consist- 
perhaps  be  doubted  whether  the  amendment  ent  with  the  act  and  not  inconsistent  with 
of  1873-74,  p.  85,  which  was  passed  after  the  provisions  of  the  code? 
i  288    went    into    effect    is    of    any    validity.  This   view    finds   support   in    the    fact    that 


i^ 


367  COLTON   HALL.  Acts  880-89S 

the  amendment  referred  to  Is  not  an  amend-  amending  act,  ft  may  be  said  that,  treating 

ment  of  the  general  act  of  1850,  but  of  the  that   section   as   an  act   of   original    legisla- 

Bupplementary  act  of  1872,  which  deals  with  tion,    it    is    not    inconsistent    witli    §§  649,    et 

Institutions,   existing  and  to  be  formed,   un-  seq.,    of    the    Civil    Code,    and    has    the    effect 

der    the    auspices    of    benevolent,    religious,  merely  of  a  classification,  making  provision 

and    fraternal    organizations    and    societies.  for  this  particular  kind  of  an  institution. 

The  amendment,  so  far  as  it  relates  to  insti-  Whether  section  1  of  the  amending  act  is 

tutions   already   formed   and   existing    under  properly   to  be  construed  as  an  original  act 

the  act  of  1850  or  the  supplementary  act  of  of  legislation,  and  whether  the  classification 

1872,   is  certainly  a  valid   act   of   legislation,  attempted   is   a   reasonable   one,    or   not,    are 

since   the   amended   acts   are    expressly    con-  questions  for  judicial  determination, 

tinued  in  force,  as  to  existing  corporations,  Incorporation    of   colleges    and    seminaries 

by  §  288,  Civil   Code.     As   to   corporations   to  of    learning. — See    Kerr's    Cyc.    Civil    Code, 

be    formed,     covered     by    section     1     of    the  §§  649,   et  seq. 

ENDOWMENT  OF  AGRICULTURAL  COLLEGES. 
ACT  880 — An  act  expressing  assent  of  the  state  of  California  to  the  act  of  Congress, 
approved  August  thirtieth,  eighteen  hundred  and  ninety,  entitled  "An  act  to  apply 
a  portion  of  the  proceeds  of  the  public  lands  to  the  more  complete  endowment  and 
support  of  the  colleges  for  the  benefit  of  agriculture  and  the  mechanic  arts  established 
under  the  provisions  of  an  act  of  Congress,  approved  July  second,  eighteen  hun- 
dred and  sixty-two,"  and  to  the  purposes  of  the  grants  of  moneys  authorized 
thereby,  and  to  all  the  provisions  thereof. 

History:     Approved  March   31,   1891,  Stats.  1891,  p.  458. 

COLTON. 

See  Act  3094,  note. 

CHAPTER  64. 
COLTON  HALL. 

CONTENTS  OF  CHAPTER. 
ACT  890.     CoLTON  Hall  Trustees. 

COLTON  HALL  TRUSTEES. 
ACT  890 — An  act  to  provide  for  the  appointment  of  a  board  of  Colton  Hall  trustees, 
and  for  the  leasing  of  the  Colton  Hall  property,  and  providing  for  an  appropriation 
for  the  preservation,  protection,  and  improvement  of  said  property. 

History:     Approved  March  25,  1903,  Stats.  1903,  p.  435. 

CHAPTER  65. 
COLUSA  COUNTY. 

CONTENTS  OF  CHAPTER. 

ACT  895.  "No  Fence  Law." 

896.  Irrigation  and  Navigation  Canal. 

899.  "Colusa  and  Yolo  Drainage  District." 

900.  Partition  Fences. 

910.    Act  to  Quiet  Title  to  Certain  Lands  in  Yolo  and  Colusa  Counties.. 

"NO  FENCE  LAW." 

ACT  895 — An  act  to  protect  agriculture  and  to  prevent  trespassing  of  animals  ih  che 

county  of  Colusa. 

History:     Approved  March  28,  1872,  Stats.  1871-72,  p.  685.     Amended 
March  28,  1874,  Stats.  1873-74,  p.  760. 

No  fence  law. — This   la   one   of   the   series  Repeal. — The    code    commissioners    say    of 

of    county    acts,    known    as    the    "no    fence  this  act  that  it  was  repealed  by  the  general 

laws."  estray  law;  but  see  editor's  note  to  chapters 

Repealed. — The  amending  act  of  1874,   re-  on  "Estrays"  and  "Trespassing  animals." 
pealed  sections  7.  8  and  9  of  the  original  act. 


Act*  886-916 


GENERAL   LAW'S. 


IRRIGATION  AND  NAVIGATION  CANAL.     ' 
ACT  896 — An  act  to  develop  agricultural  interests  and  aid  the  construction  of  a  canal 
in  Colusa,  Solano,  and  Yolo  counties. 

History:     Approved  March  26,  1866,  Stats.  1865-66,  p.  451. 
This  act  provided  for  the  organization  of       City  of  Madera  v.  Madera  Irr.  Dlot.,  1B9  Cal. 


a  canal  company  to  construct  an  irrig-ation 
and  navigation  canal  from  the  Sacramento 
at  a  point  near  the  county  line  of  Colusa 
and  Tehama  counties  to  Cache  creek  In 
Solano   County. 

Dnty    of    canal     owner    to    construct    and 
maintain     highway     and     other     crossings. — 


749,  754,  115  Pac.  936. 

Incorporation  of  canal  companies.  —  See 
Kerr's  Cyc.  Civil  Code,  §§  283,  et  seq. 

Rights,  duties  and  obligations  of  canal 
companies.  —  See  Kerr's  Cyc.  Civil  Code, 
§§  548-552,  and  1410b. 


"COLUSA  AND  YOLO  DRAINAGE  DISTRICT. '» 
ACT  899 — An  act  to  provide  for  the  drainage  of  certain  lands  in  the  connties  of 
Colusa  and  Yolo. 

History:     Approved  April  1,  1878,  Stats.  1877-78,  p.  1037. 
Drainage    districts    in    general.  —  See    tit.  "Drainage  Districts." 

PARTITION  FENCES. 
ACT  900 — An  act  concerning  partition  fences  in  the  counties  of  Colusa  and  Tehama. 

History:     Approved  March  11,  1876,  Stats.  1875-76,  p.  207. 
Fence  laws  In  general. — See  tits.  "Fences." 


QUIET  TITLE. 
ACT  910 — An  act  to  c[uiet  title  to  certain  land  in  the  counties  of  Yolo  and  Colusa,  In 
the  state  of  California. 

History:     Approved  March  30,  1874,  Stats.  1873-74,  p.  818. 


This    act    relinquished    the    claims    of    the 
state  of  California   to   certain   lands,   to   the 


United    States,    in    order    to    quiet    title    of 
actual   settlers   under  United  States  grants. 


CHAPTER  66. 

COLUSA,  TOWN  OF. 
References:     Incorporation  of,  see  post  Act  3094,  note. 

CONTENTS  OF  CHAPTER. 
ACT  916.    Issue  of  Egad  Bonds  Authorizeu. 

ISSUE  OF  ROAD  BONDS  AUTHORIZED. 
ACT  916 — An  act  to  authorize  the  hoard  of  trustees  of  the  tovm  of  Colusa  to  issue 
bonds  for  road  purposes. 

History:     Approved  March  20,  1878,  Stats.  1877-78,  p.  369.    Amended 
March  12,  1880,  Stats.  1880,  p.  9. 

COMMERCE,  CHAMBER  OP. 

See  Kerr's  Cyc.  Civil  Code,  §§  591,  et  seq. 

COMMISSION  MARKET. 
See  tit.  "State  Commission  Market." 

COMMISSIONERS  IN  EQUITY. 
See  Kerr's  Cyc.  Code  Civil  Procedure,  ^  258,  259,  and  2024,  et  seq. 

COMMISSIONER  OF  TRANSPORTATION. 

See  tit.  "Public  Utilities." 


368  CONSERVATION.  Act  940,  §§  1-3 

COMMON  LAW. 

See  Kerr's  Cyc.  Political  Code,  $§4,  4468;  Kerr's  Cyc.  Code  Civil  Procedure,   H; 

Kerr 's  Cyc.  Civil  Code,  §  5 ;  Kerr 's  Cyc.  Penal  Code,  §  4. 

COMPTON. 

See  Act  3094,  note. 

CONCORD. 

See  Act  3094,  note. 

CONGRESSIONAL  DISTRICTS. 

See  Kerr's  Cyc.  Political  Code,  $  117, 

CHAPTER  67. 
CONSERVATION. 

CONTENTS  OF  CHAPTER. 

ACT  940.     State  Conservation  Commission. 
941.    "Conservancy  Act  of  California." 

STATE  CONSERVATION  COMMISSION. 
ACT  940 — An  act  creating  and  establishing  a  commission  for  investigating  and  gather- 
ing data  and  information  concerning  the  subjects  of  forestry,  water,  the  use  of 
water,  water  power,  electricity,  electrical  and  other  power,  mines  and  mining, 
mineral  and  other  lands,  dredging,  reclamation  and  irrigation,  and  for  revising, 
systematizing  and  reforming  the  laws  of  this  state  upon,  concerning,  regarding  or 
appertaining  to  these  said  subjects;  providing  for  the  appointment  of  said  com- 
mission to  be  known  as  the  "Conservation  Commission  of  the  State  of  California"; 
prescribing  the  powers  and  duties  of  said  commission  and  its  members  and  pro- 
viding for  the  expenses  of  said  commission  and  appropriating  money  therefor. 
History:     Approved  April  8,  1911,  Stats.  1911,  p.  822. 

Conservation  commission. 

$  1.  A  commission  consisting  of  three  persons  which  shall  be  known  and  designated 
as  the  "Conservation  Commission  of  the  State  of  California,"  is  hereby  created  and 
established  for  the  purpose  of  investigating  and  gathering  data  and  information  con- 
cerning the  subjects  of  forestry,  water,  the  use  of  water,  water  power,  electricity,  elec- 
trical or  other  power,  mines  and  mining,  mineral  and  other  lands,  dredging,  reclama- 
tion and  irrigation,  and  for  the  purpose  of  revising,  systematizing  and  reforming  the 
laws  of  this  state,  upon,  concerning,  regarding  or  appertaining  to  these  said  subjects. 

Appointment  by  governor. 

^  2.  Said  commission  shall  be  appointed  by  the  governor,  and  shall  enter  upon  the 
performance  of  its  duties  immediatelj'.  The  members  of  said  commission  shall  hold 
office  at  the  pleasure  of  the  governor.  In  case  of  a  vacancy  in  said  commission,  such 
vacancy  shall  be  filled  by  appointment  b}'  the  governor. 

Duties. 

^  3.  It  shall  be  the  duty  of  said  commission  to  investigate  and  examine  the  laws 
of  the  United  States,  of  foreign  nations,  of  the  states  of  the  Union  and  of  this  state, 
and  the  reports  and  recommendations  of  persons,  officials,  commissions,  societies  and 
associations  upon  the  subjects  of  forestry,  water,  the  use  of  water,  water  power,  elec- 
tricity, electrical  and  other  power,  mines  and  mining,  mineral  and  other  lands,  dredg- 

Gen.  Laws— 24 


Act  040.  gg  4-11  GENERAL   I-AAVS.  37U 

ing.  reclamation  and  irrigation  and  to  prepare  and  recommend  to  the  legislature  laws, 
statutes  and  constitutional  amendments  revising,  systematizing  and  reforming  the  laws 
of  this  state  upon  forestry,  water,  the  use  of  water,  water  power,  electricity,  electrical 
and  other  power,  mines  and  mining,  mineral  and  other  lands,  dredging,  reclamation 
and  irrigation.  The  said  commission  is  hereby  authorized  and  empowered  to  do  and 
perform  the  acts  and  things  required  of  it  by  this  act,  and  to  adopt  all  rules  and  regu- 
lations necessary  to  carry  out  the  provisions  of  this  act. 

Beports. 

$  4.  The  said  commission  is  hereby  empowered  and  authorized  to  have  printed  by 
the  state  printer  its  reports,  records  and  proceedings  in  the  manner  provided  by  law. 

State  of&cers  to  assist. 

v3  5.  It  is  hereby  made  the  duty  of  the  attorney-general,  surveyor-general,  the  state 
engineer  and  all  other  state  officers  to  render  such  aid  and  assistance  to  said  board  as 
said  board  may  require. 

Expert,  etc.,  assistance. 

^  6.  For  the  purpose  of  carrying  out  the  provisions  of  this  act  the  said  commission 
is  authorized  to  employ  such  expert,  technical,  professional  and  clerical  assistance  and 
upon  such  terms  as  it  may  deem  proper. 

Commission  given  authority  to  enter  all  lands. 

4  7.  In  order  to  carry  out  th§  provisions  of  this  act  the  members  of  said  commis- 
sion or  any  person  authorized  by  it  are  authorized  to  enter  and  cross  all  lands  within 
this  state,  and  to  make  all  proper  and  necessary  surveys  and  measurements  of  land 
and  water;  provided,  that  in  doing  so  no  damage  is  done  to  private  property;  and  it 
shall  be  a  misdemeanor,  for  any  person  or  persons  to  wilfully  and  maliciously  remove 
or  destroy  any  permanent  marks  or  monuments  made  or  erected  by  said  commission 
or  any  person  or  persons  under  its  direction  or  authorization,  or  to  prevent  the  mem- 
bers of  the  said  commission  or  any  person  authorized  by  said  commission  to  enter  and 
cross  any  land  within  this  state  or  to  make  surveys  and  measurements  of  land  and 
water. 

No  salary. 

§  8.  Said  commissioners  shall  receive  no  salary  for  their  services  but  shall  be 
allowed  their  actual  expenses  while  in  the  performance  of  their  duties  as  in  this  act 
provided.  * 

Appropriation. 

§  9.  The  sum  of  $100,000  is  hereby  appropriated  out  of  the  funds  of  the  state  not 
otherwise  appropriated  for  the  purposes  of  carrying  out  the  provisions  of  this  act,  and 
the  state  controller  is  hereby  authorized  and  directed  to  draw  warrants  upon  such  sum 
from  time  to  time  upon  the  requisition  of  said  conservation  commission  approved  by 
the  board  of  examiners,  and  the  state  treasurer  is  hereby  authorized  and  directed  to 
pay  such  warrants. 

§  10.     All  acts  or  parts  of  acts  in  conflict  herewith  are  hereby  repealed. 

5  11.     This  act  shall  take  efEect  immediately. 

1.     Attorney  —  Employment    by    the    com-  tlon    commission    the    laws    of    the    different 

mission. — Section  472.  Political  Code,  has  no  nations,     the    federal    government,    and    the 

application   to  the  employment  by   the   state  states   of   the   Union,    affecting   conservation 

conservation  commission   of  an  attorney   "to  generally,"   and   the  consent  of  the  attorney 

compile   for  the   use   of  said   state   conserva-  general  to  such  employment  is  not  required. 


II 


371                                                                              CONSERVATION.  Act  941 

— U'ren   v.    State   Board   of  Control,    31    Cal.  is  final. — U'ren  v.  State  Board  of  Control,  31 

App.   6,   159  Pac.  615.  Cal.   App.   6,   159   Pac.    615. 

2.  Compilation  of  conservancy  laws  ^  4.  Suit  against  tlie  state. — An  action  in 
Clerical  In  character. — While  the  work  of  mandamus  to  compel  the  state  board  of  con- 
compiling  conservancy  laws  may  be  best  trol  to  audit  a  claim  allowed  by  the  state 
performed  by  one  skilled  in  the  knowledge  conservation  commission  and  payable  out 
of  the  law,  it  is  not  strictly  professional  in  of  a  fund  set  apart  by  the  legislature  for 
character,  and  may  be  performed  by  one  the  payment  of  claims  so  allowed,  is  not  an 
possessing  clerical  ability  without  possess-  action  against  the  state,  but  is  against  the 
ing  the  title  or  the  license  to  practice  law.  board  of  control  to  compel  the  performance 
— U'ren  v.  State  Board  of  Control,  31  Cal.  of  an  official  act,  to  wit,  the  auditing  of  the 
App.  6,  159  Pac.  615.  claim. — U'ren   v.    State   Board    of   Control,    31 

3.  Claim    for    services    In    compiling    con-  Cal.    App.   6,    159    Pac.    615. 

•ervancy  laws. — Approval  by  the  commission  Conservancy  districts. — See,  post.  Act  941. 


"CONSERVANCY  ACT  OF  CALIFORNIA." 

ACT  941 — An  act  to  provide  for  the  organization  and  government  of  conservancy  dis- 
tricts for  certain  specified  purposes;  to  provide  for  the  issuance,  sale  and  hypotheca- 
tion of  district  "bonds  to  pay  the  costs  and  expenses  incurred  in  relation  thereto, 
and  to  provide  for  the  retirement  of  such  bonds;  to  provide  for  the  levying  and  col- 
lection of  taxes  to  pay  the  annual  installment  of  principal  and  interest  on  said 
bonds;  to  provide  for  levying  and  collecting  special  assessments  for  special  benefits 
and  to  issue  improvement  warrants  to  represent  such  special  assessments  for  special 
benefits;  to  provide  for  the  effect  and  enforcement  of  such  improvement  warrants 
and  the  application  of  moneys  derived  from  the  enforcement  thereof ;  and  to  provide 
a  method  of  dissolving  such  districts. 

History:     Approved   May   16,   1919.     In   effect  July  22,   1919,   Stats. 
1919,  p.  559. 

ANALYSIS  OF  ACT. 

i  1.    Title  of  Act.   Definitions. 
§  2.    conseevanct  districts.    purposes. 

§  3.    Petition.   Contents.    Amendment.    Evidence  of  Ownership. 
§  4.    Bond. 

§  5.     Notice  op  Heakinq.    Jurisdiction  of  Board  of  Supervisors.    Joint  Meeting.    Hear- 
ing OF  Objections.  Lands  Included  in  District. 
§  6.    Election.    Notice.    Candidates  for  Director.    Conduct  of  Election.    One  Vote  for 
Each  Acre  of  Land.    Fraction  of  Acre.    Joint  Ownership.    Unknown  Owners. 
Proxies.    Canvass  of  Votes.    If  Majority  for  District.    If  Majority  Against 
District.    Directors  Declared  Elected.    Name.    Powers  of  District.    Place  of 
Business. 
§  7.    Recording  Resolution  Estabushing  District. 
§  8.    Oath  of  Director.    President  and  Secretary. 
§  9.    Quorum. 
§  10,    Duties  of  Secretary.   Chief  Engineer.    Attorney. 
§  11.     Plan  for  Improvements.    Use  of  Former  Survey.    Notice  op   Hearino  on  Plan. 

Objections.    Approval  of  State  Engineer.    Adoption. 
§  12.    Power  of  Directors. 

§  13.    Right  to  Enter  Lands  to  Make  Surveys,  Etc 
§  14.    Powers  of  Directors  to  Perform  Work.   Limitations. 
§  15.    Letting  Contracts. 
§  16.    Right  of  Eminent  Domain. 
§  17.    Right  to  Condemn  Property. 

§  18.    Regulation  of  Ditches.    Consent  of  Health  Officers. 
§  19.    Power  to  Change  Watercourse,  Etc. 
§  20.     Moving  Dredge  Boat  Through  Bridge  or  Grade. 
§  21.     Stream  Gauges,  Etc. 
§  22.     Co-operation  With  U.  S.  Government. 


itct041  GENERAL    I- AWS. 

§  23.  Appropkiatiok  or  Increased  Water  Supply.  Appucation  to  Use  Water  Appropri- 
ated. Bights  of  Municipalities.  Terms  of  Lease.  Regulations  for  Determinino 
Rates.  Rates  Fixed  by  Railroad  Commission.  Determination  of  Waxes  Rights, 
Etc. 

§  24.    Board  op  Appraisers. 

§  25.    Appraisal  of  Benefits  and  Damages.    Appraisal  of  Property  foe  Purchase. 

§  26.     Lands  Outside  District. 

§  27.    Report  of  Board  of  Appraisers.  Filing. 

§  28.    Kotice  of  Hearing  on  Appraisals.   Description  of  Lands. 

§  29.     Hearing  of  Objections. 

§  30.    Approval  of  Report.   Disorganization  op  District  on  Disapproval  op  Report. 

§  31.    Condemnation  of  Property. 

§  32.     Alterations  or  Additions  to  Plan. 

§  33.     Validity  of  Proceeding  Not  Affected  by  Fault. 

§  34.    District  Funds. 

§  35.  Payment  of  Preliminary  Expenses.  Advance  op  Funds  by  Counties.  Tax  Levy 
FOR  Incidental  Expenses. 

§  36.     Interest  on  Unpaid  Warrants. 

S  37.  Bond  Issue  to  Complete  Works.  Additional  Issue.  Ordinance  Callino  Election. 
Rate  of  Interest.  Election  Precincts.  General  Description  op  Work.  Publi- 
cation OF  Ordinance.  Defects  or  Irregularities  Not  to  Affect  Validity. 
Majority  Vote.  Form  of  Bonds.  Sale  of  Bonds.  Tax  to  Pay  Principal  and 
Interest.  Tax  Provisions  of  Political  Code  Adopted.  Partial  Sale  or  Pledge. 
Manner  of  Securing  Payment  of  Bonds.  Validity  of  Bonds.  Conversion  into 
Registered  Bonds.  Statement  on  Registered  Bond.  To  Whom  Registered  Bonds 
Payable. 

§  38.    Bonds  Legal  Investments. 

§  39.  Improvement  Warrants.  Form  op  Improvement  Warrant.  Payment  op  Improve- 
ment Warrants. 

§  40.     Record  of  Improvement  Warrants. 

§  41.     Amount  of  Warrant  Lien  on  Property, 

§  42.     Improvement  W^ arrant  Fund. 

§  43.     Sale  of  Land  on  Default  of  Owner. 

§  44.    Delinquent  Improvement  Warrants. 

§  45.    Affidavit  of  Publication. 

§  46.     Added  Costs. 

§  47.    Record  of  Sale. 

§  48.     Purchaser  Du'ested  of  Lien. 

§  49.     Redemption  of  Property  Sold. 

§  50.     Certificate  of  Sale  Filed. 

§  51.     Deed  to  Property  Sold. 

§  52.     Deed  Conclusive  Evidence  of  Proceedings. 

§  53.     Paying  Off  Warrant. 

§  54.     Conservancy  Maintenance  Assessments. 

§  55.    Readjustment  of  Appraisal  of  Benefits. 

§  56.     Invalid  Assessments. 

§  57.  Collection  of  Tax  Levied  Against  County  ob  City.  Designation  op  District. 
Dissolution  op  District.  Liens  Not  Affected  by  Dissolution.  Duty  op  Ofpicees 
IN  THE  Event  of  Dissolution. 

§  58.     Failure  of  Tax  Collector  to  Make  Prompt  Payment. 

§  59.     Use  of  Surplus  Funds.   Yearly  Report  to  Board  op  Supebvisobs. 

§  60.     Per  Diem  Expenses  of  Directors  and  Appbaisebs. 

§  61.    Land  in  More  Than  One  District. 

§  62.     Conference  of  Supervisors  to  Determine  Jurisdiction  o»  Distbicts, 

§  63.     Sub-districts.    Officers  of  Main  District  to  Serve. 

§  64.     Protection  of  Works. 

§  65.     Penalty  for  Injuring  Bench  Marks,  Etc. 

§  66.     Liability  for  Damages. 

§  67.    Districts  for  Forestation  and  Reforestation. 

§  68.     If  Notice  Is  Not  Properly  Given. 

§  69.    Early  Hearing  on  Question  op  Validity. 

§  70.     Construction  of  Act. 

§  71.     Constitutionality. 

§  72.     Alternative  Act. 


373  COXSKRVATION.  Act  941,  g  1 

I  73.    Jurisdiction  of  Supervisors  Over  Proceeding.    Bonding  Resolution.    Abbreviations. 
Land  Described  by  Reference  to  Record.      Unnecessary  to  Specify  Names  in 
Notice.     District  a  Political  Subdivision.     Powers  or  State  Commissions  Not 
Limited. 
S  74.    Forms  of  Procedure. 

Notice  of  hearing  on  the  petition. 

Finding  on  hearing. 

Notice  to  property  owner  to  pay  assessment. 

Bond  and  coupon. 

Notice  of  enlargement  of  district. 

Notice  of  hearing  on  appraisals. 

Title.    Terms  defined. 

^  1.  Terms  defined.  This  act  may  be  known  and  cited  as  the  "conservancy  act  of 
California";  the  bonds  vphich  may  be  issued  hereunder  may  be  briefly  called  "con- 
servancy bonds,"  and  shall  be  so  engraved  or  printed  on  their  face;  the  districts 
created  hereunder  shall  be  briefly  termed  "conservancy  districts"  or  "conservation 
districts";  the  tax  books  and  records  provided  for  hereunder  shall  be  termed  "con- 
servancy books"  or  "conservancy  records,"  and  such  titles  shall  be  printed,  stamped 
or  written  thereon. 

"Publication." 

Wherever  the  term  "publication"  is  used  in  this  act  and  no  manner  specified  there- 
for, it  shall  be  taken  to  mean  once  a  week  for  three  consecutive  weeks  in  a  newspaper 
of  general  circulation  in  the  county  wherein  any  part  of  the  district  is  situated. 

"Assessment  roll." 

Wherever  the  term  "assessment  roll"  is  used  herein  it  shall  be  held  to  mean  the 
"last"  tax  assessment  roll  of  the  county. 

' '  Railroad  commission. ' ' 

AVhere  the  term  "railroad  commission"  is  used  herein  it  shall  be  held  to  mean  that 
certain  state  commission  referred  to  in  the  public  utilities  act  of  the  state  of  California. 

'  'Water  commission. ' ' 

Wherever  the  term  "water  commission"  is  used  herein  it  shall  be  held  to  mean  that 
certain  commission  of  the  state  of  California  referred  to  in  an  "act  to  create  the  use 
of  waters,"  etc.,  approved  June  16,  1913,  and  when  the  "water  commission  act"  is 
referred  to  it  shall  be  held  to  mean  said  "act  to  create  the  use  of  waters,"  etc., 
approved  June  16,  1913. 

"State  engineer." 

Wherever  the  term  "state  engineer"  is  used  it  shall  be  held  to  mean  the  department 
of  engineering  of  the  state  of  California.  The  chief  engineer  of  said  department  shall 
be  ex  officio  an  engineer  of  any  district  formed  under  this  act,  and  it  shall  be  the  duty 
of  said  department  to  supervise,  examine  and  pass  upon  the  plans  and  specifications 
of  the  district  in  the  manner  provided  for  herein. 

"Person." 

Wherever  the  term  "person"  is  used  in  this  act,  and  not  otherwise  specified,  it 
shall  be  taken  to  mean  any  person,  firm,  copartnership,  association  or  corporation, 
other  than  county,  city  or  other  political  subdivision.  Similarly,  the  words  "public 
corporation"  shall  be  taken  to  mean  counties,  cities,  school  districts,  road  districts, 
protection  districts,  flood  control  districts,  ditch  districts,  park  districts,  levee  districts, 
and  all  other  governmental  agencies  and  political  corporations  clothed  with  the  power  of 
levying  general  or  special  taxes  or  general  or  special  assessments  which  may  be  levied 
for  local  improvement  purposes. 


Act  941.  8  2  G£NE:RAL,   LA\VS.  374 

;^ 

"Board  of  supervisors." 

Wherever  the  term  "board  of  supervisors"  is  used,  and  not  otherwise  specified,  it 
shall  be  taken  to  mean  the  board  of  supervisors  of  the  county  wherein  the  petition  for 
the  organization  of  the  district  was  filed  and  granted,  and  where  a  district  lies  in  more 
than  one  county,  the  words  "board  of  supervisors"  shall  mean  the  board  of  supervisors 
of  all  the  counties  sitting  conjointly. 

"Board." 

Wherever  the  word  "board"  is  used  and  not  otherwise  specified,  it  shall  mean  the 
board  of  directors  of  the  district. 

"Treasurer." 

Wherever  the  word  "treasurer"  or  "treasurer  of  the  district"  is  used,  it  shall 
mean  ex  ofiQcio  the  treasurer  of  the  county  with  which  the  petition  is  tiled,  unless 
otherwise  specified. 

"Secretary." 

Wherever  the  term  "secretary"  is  used  it  shall  be  held  to  mean  the  "secretary"  of 
the  district. 

"Clerk." 

The  word  "clerk"  unless  otherwise  specified  shall  mean  the  clerk  of  the  district, 
Avho  shall  also  be  clerk  of  the  board  of  directors. 

"Land." 

Wherever  the  terms  "land"  or  "property"  are  used  in  this  act  they  shall,  unless 
otherwise  specified,  be  held  to  mean  real  property,  as  the  words  "real  property"  are 
used  in  and  defined  by  the  laws  of  the  state  of  California,  and  shall  embrace  all  rail- 
roads, tramroads,  roads,  electric  railroads,  street  and  interurban  railroads,  streets  and 
street  improvements,  telephone,  telegraph  and  transmission  lines,  gas,  sewerage  and 
water  systems,  pipe  lines  and  rights  of  way  of  public  service  corporations,  and  all 
other  real  property  whether  public  or  private. 

"Main  county." 

Wherever  the  term  "main  county"  is  used  herein,  it  shall  be  held  to  mean  the 
county  wherein  the  petition  for  fonnation  of  the  district  has  been  filed. 

Conservancy  districts  established  by  board  of  supervisors. 

^  2.  The  board  of  supervisors  of  anj'  county  in  this  state  is  hereby  vested  with 
jurisdiction,  power  and  authority,  when  the  conditions  stated  in  this  act  are  found 
to  exist,  to  establish  conservancy  districts,  which  may  be  entirely  within  unincor- 
porated territory  or  partly  within  unincorporated  and  partly  within  incorporated  terri- 
tory, and  either  entirely  within,  or  partly  within  and  partly  without,  the  county  in 
which  said  board  is  located,  for  all  or  any  of  these  objects  and  purposes: 

Purposes. 

(a)  Of  preventing  floods; 

(b)  Of  regulating  ditches  and  water  channels  by  changing,  widening  and  deepening 
the  same; 

(e)    Of  reclaiming  or  of  filling  or  of  draining  wet,  swamp  and  overflowed  lands; 

(d)  Of  preventing  or  aiding  the  deposit  of  detritus  and  silt; 

(e)  Of  regulating  the  flow  of  streams; 

(f)  Of  constructing  canals; 

(g)  Of  forestation  or  reforestation; 

(h)   Of  spreading  and  sinking  flood  water; 


375  CONSERVATION.  Act  041,  §  3 

(i)  Of  diverting  in  whole  or  in  part  eliminating  water  courses;  and  incident  to 
such  purposes  and  to  enable  their  accomplishment,  to  straighten,  widen,  deepen,  divert, 
or  change  the  course  or  terminus  of,  any  natural  or  artificial  water  course; 

(j)  To  build  reservoirs,  canals,  levees,  walls,  embankments,  bridges,  dams,  by-passes 
or  spreading  basins;  or  sinking  wells  or  sinking  basins;  to  maintain,  operate  and 
repair  any  of  the  constructions  herein  named; 

(k)  To  conserve  flood  waters  and  to  dispose  of  waters  which  have  been  conserved, 
for  purposes  of  irrigation; 

(1)  To  construct  and  maintain  levees  and  embankments  for  the  prevention  of  dam- 
age by  floods  to  real  or  personal  property  or  real  and  personal  property  and  to  do  all 
things  for  the  fulfillment  of  the  purposes  of  this  act. 

Petition  to  establish  district. 

^  3.  Petition.  Before  any  board  of  supervisors  shall  call  an  election  to  determine 
whether  a  district  shall  be  established,  and  before  a  district  shall  be  established  as 
outlined  in  section  two  hereof,  a  petition  shall  be  filed  in  the  oflBce  of  the  clerk  of  said 
board  of  supervisors  signed  either  by  fifty  freeholders,  or  by  a  majority  of  the  free- 
holders, or  by  the  owners  of  more  than  half  of  the  property,  in  either  acreage  or 
assessed  value,  according  to  the  last  assessment  roll,  within  the  limits  of  the  territory 
proposed  to  be  organized  into  a  conservancy  district  under  this  act. 

The  petition  shall  set  forth; 

Contents. 

First — The  proposed  name  of  said  district. 

Second — The  necessity  for  the  proposed  work  and  that  it  will  be  conducive  to  the 
public  health,  safety,  convenience  or  welfare. 

Third — A  general  description  of  the  purpose  of  the  contemplated  improvement,  and 
of  the  territory  to  be  included  in  the  proposed  district.  Said  description  of  the  terri- 
tory to  be  included  need  not  be  given  by  metes  and  bounds,  or  by  legal  subdivisions, 
but  it  shall  be  sufficient  if  a  generally  accurate  description  is  given  of  the  territory  to 
be  organized  as  a  district.  Said  territory  need  not  be  contiguous,  provided  it  be  so 
situated  that  the  public  health,  safety,  convenience  or  welfare  will  be  promoted  by 
the  organization  as  a  single  district  of  the  territory  described. 

Fourth — Said  petition  shall  pray  for  the  organization  of  the  district  by  the  name 
proposed. 

Amendment. 

No  petition  with  the  requisite  signature  shall  be  declared  null  and  void  on  account 
of  alleged  defects,  but  the  board  of  supervisors  may  at  any  time  prior  to  the  hearing 
thereof  permit  the  petition  to  be  amended  in  form  and  substance  to  conform  to  the 
facts,  by  correcting  any  errors  in  the  description  of  the  territory  to  be  included,  or  in 
any  other  particular.  Several  similar  petitions  or  duplicate  copies  of  the  same  petition 
for  the  organization  of  the  same  district  may  be  filed  and  shall  together  be  regarded 
as  one  petition.  All  such  petitions  filed  prior  to  the  hearing  on  said  petition  shall  be 
considered  by  the  board  of  supervisors  the  same  as  though  filed  with  the  petition  first 
placed  on  file. 

Evidence  of  ownership. 

In  determining  when  a  majority  of  landowners  have  signed  the  petition-  the  board  of 
supervisors  shall  be  governed  by  the  names  as  they  appear  upon  the  last  tax  assessment 
roll  prior  to  one  day  before  the  filing  of  said  petition,  which  shall  be  prima  facie 
evidence  of  such  ownership. 


Act  941,  §§  4.  5  GENERAL.   LAWS.  STCJ^ 

Bond. 

$  4.  At  the  time  of  filing  the  petition,  or  at  any  time  subsequent  thereto  and  prior 
to  the  time  of  the  hearing  on  said  petition,  a  bond  shall  be  filed  running  to  the  board  of 
supervisors  of  the  county  in  which  the  petition  is  filed,  with  security  approved  by  the 
board  of  supervisors,  sufficient  to  pay  all  the  expenses  connected  with  the  proceeding 
in  case  the  said  board  of  supervisors  refuses  to  organize  the  district.  If  at  any  time 
during  the  proceeding  the  said  board  of  supervisors  shall  be  satisfied  that  the  bond  first 
executed  is  insufficient  in  amount,  it  may  require  the  execution  of  an  additional  bond 
within  a  time  to  be  fixed  to  be  not  less  than  ten  days  distant,  and  upon  failure  of  the 
petitioners  to  execute  the  same  the  petition  shall  be  dismissed. 

Notice  of  hearing.    Jurisdiction  of  board  of  supervisors.    Joint  meeting.     Hearing 
objections. 

§  5.  Immediately  after  the  filing  of  such  petition,  the  clerk  of  the  board  of  super- 
visors with  whom  such  petition  is  filed  shall  cause  notice  by  publication  to  be  made 
of  the  pendency  of  the  petition  and  of  the  time  and  place  of  the  hearing  thereon  and  of 
the  hearing  of  objections  to  the  formation  of  such  district.  The  board  of  supervisors 
of  the  county  in  which  the  petition  was  filed,  shall  thereafter,  for  all  purposes  of  this 
act,  except  as  hereinafter  otherwise  provided,  maintain  and  have  original  and  exclusive 
jurisdiction  coextensive  with  the  boundaries  and  limits  of  said  district  and  of  lands 
and  other  property  proposed  to  be  affected  by  said  district;  provided,  that  where  said 
district  lies  in  more  than  one  county  the  board  of  supervisors  of  the  county  where  the 
petition  is  filed  shall  forthwith  notify  the  board  or  boards  of  supervisors  of  other 
counties  in  which  said  district  is  situated  by  directing  a  letter  and  transmitting  the 
same  by  mail  to  the  clerk  or  clerks  of  said  board  or  boards  notifying  said  board  or 
boards  of  that  fact  and  setting  a  day  for  a  joint  meeting  with  said  board  or  boards, 
whereupon  said  boards  shall  meet  jointly  for  the  purpose  of  hearing  said  petition  and 
objections  therto,  if  any,  and  for  the  transaction  of  business,  in  the  chambers  of  the 
board  with  whom  the  said  petition  was  filed;  provided,  that  said  meetings  from  time  to 
time  may  be  continued  by  mutual  agreement,  whereupon  said  boards  shall  sit  cojointly 
thereafter  for  all  purposes  of  this  act,  except  as  hereinafter  otherwise  provided,  and 
maintain  and  have  original  and  exclusive  jurisdiction  coextensive  with  the  boundaries 
and  limits  of  the  district  and  of  lands  and  other  property  proposed  to  be  included  in 
said  district  or  affected  by  said  district  without  regard  to  the  usual  limits  of  their 
jurisdiction.  A  majority  of  the  members  of  the  joint  board  shall  constitute  a  quorum; 
provided,  that  in  the  event  that  the  board  of  supervisors  of  any  county  in  which  a 
portion  of  the  district  lies,  after  having  been  given  due  notice,  as  herein  provided,  of 
the  hearing  for  the  formation  of  such  district,  who  shall  after  having  been  given  said 
notice  fail  to  appear  and  participate,  as  a  member,  or  members,  of  said  joint  board, 
shall  be  considered  to  have  waived  all  right  to  participate  in  the  deliberations  of  said 
board,  and  a  majority  of  the  supervisors  representing  the  other  county  or  counties  in 
which  said  district  lies,  shall  thereby  automatically  constitute  the  joint  board  of  super- 
visors and  shall  have  all  jurisdiction  and  powers  provided  for  said  joint  board  of 
supervisors  under  this  act.  The  clerk  of  the  board  of  supervisors  with  whom  the  peti- 
tion is  filed,  and  all  officers  of  the  board  with  whom  the  petition  is  filed,  shall  be  clerk 
and  officers  of  the  board  sitting  cojointly  as  herein  specified.  The  act  of  the  clerk  of 
said  board  of  supervisors  transmitting  said  letter  of  notification  shall  be  deemed  the 
act  of  said  toard  of  supervisors  so  notifying.  At  the  day  set  for  said  hearing  all 
objections  to  said  petition  shall  be  heard  by  said  board  or  joint  board.  Said  board  or 
joint  board  shall  have  and  it  is  hereby  given  full  discretion  to  approve  or  deny  said 
petition  by  a  majority  vote  of  its  members  present.  Its  decision  in  the  matter  shall  be 
final  and  conclusive  except  as  to  the  matters  hereinafter  stated.     Objections  to  said 


377  CONSERVATION.  Act  941,  §  6 

petition  need  not  be  in  writing,  but  the  determination  of  said  board  shall  be  in  writing 
and  entered  upon  the  minutes  of  said  board. 

Lands  included  in  district. 

Said  board  shall  at  said  hearing,  if  it  approve  said  petition,  determine  what  land  or 
lands  within  said  proposed  district  will  be  benefited  by  said  proposed  improvements, 
and  said  board  may  in  its  discretion  change  or  alter  the  boundaries  of  said  proposed 
district  to  conform  to  the  needs  of  the  district;  provided,  that  they  shall  include 
therein  only  such  land  as  will  in  their  judgment  be  benefited  by  the  proposed  work  or 
improvement;  and  provided,  that  they  shall  not  include  therein  land  not  included 
within  the  proposed  boundaries  of  the  district  set  forth  in  the  petition;  and  provided, 
that  said  board  shall  at  said  hearing  or  adjourned  hearing  define  the  boundaries  of 
the  proposed  district.  The  findings  of  such  board  shall  be  conclusive  upon  the  genuine- 
ness and  sufficiency  of  the  signatures  to  the  petition  and  of  the  notice  of  the  hearing. 

Election. 

$  6.  Said  board  or  joint  board  of  supervisors,  unless  said  petition  be  denied,  must, 
if  said  lands  of  said  district  lie  wholly  within  the  county,  within  ten  days  after  the 
determination  of  a  hearing  upon  said  petition,  otherwise  within  thirty  days  after  the 
termination  of  a  hearing  upon  said  petition,  call  an  election  within  the  proposed  dis- 
trict for  the  determination  of  the  question,  whether  such  proposed  district  shall  or  shall 
not  be  organized  and  also  to  elect  five  persons  who  shall  act  as  directors  of  the  district 
for  a  term  of  four  years  in  case  such  district  be  organized,  and  shall  divide  said  district 
into  convenient  precincts  and  fix  a  polling  place  in  each,  and  shall  appoint  three  qual- 
ified electors  in  each  precinct  of  said  district  to  conduct  said  election;  which  election 
must  be  held  within  forty  days  from  the  date  of  said  order. 

Notice. 

Said  election  shall  be  called  by  posting  notice  thereof  in  three  of  the  most  public 
places  in  such  county  in  said  proposed  conservancy  district,  and  by  publication  in  a 
daily  or  weekly  paper  in  each  of  said  counties,  if  there  be  one,  at  least  once  a  week  for 
not  less  than  fifteen  days.  Said  notices  must  specify  the  time,  place  or  places  and 
purposes  of  said  election,  give  the  boundaries  of  the  said  proposed  conservancy  dis- 
trict as  determined  at  the  hearing  of  the  petition,  designate  the  respective  election 
precincts  and  the  polling  place  in  each  and  the  election  officers  and  the  hours  during 
which  the  polls  will  be  kept  open;  provided,  that  the  polls  must  be  opened  not  later 
than  eight  o'clock  a.  m.,  and  kept  open  until  seven  o'clock  p.  m. 

Candidates  for  director. 

It  shall  be  the  duty  of  the  board  of  superAasors  to  order  placed  upon  the  ballot  the 
names  of  candidates  for  the  position  of  director  of  the  district  who  shall  have  been 
endorsed  by  a  petition  to  said  board  of  supervisors  containing  the  names  of  ten  or 
more  electors  of  the  district,  petitioning  that  the  names  of  candidates  designated  in  the 
petition  be  placed  upon  the  ballot  to  be  voted  on  at  such  election;  provided,  however, 
that  such  petitions  be  filed  with  the  board  of  supervisors  calling  said  election  within 
fifteen  days  after  the  first  publication  of  the  notice  calling  said  election. 

Conduct  of  election. 

Said  election  shall  be  conducted  in  accordance  with  the  general  election  laws  of  this 
state  so  far  as  applicable,  and  except  as  herein  otherwise  provided,  without  reference 
to  the  form  of  the  ballot  or  manner  of  voting,  except  that  the  ballots  shall  contain  the 
M-ords  "for  the  formation  of  a  conservancy  district,"  and  "against  the  formation  of  a 
conservancy  district,"  and  the  voter  shall  write  or  print  or  stamp  a  cross  after  the 
words  that  indicate  his  choice,  together  with  the  number  of  votes  he  is  entitled  to  cast 


Act  941,  8  6  GENERAL   LAWS.  S7S 

therefor  as  hereinafter  provided,  and  that  said  ballots  shall  also  contain  the  names 
of  all  candidates  for  the  position  of  director  of  the  district,  with  instructions  to  the 
voter  to  vote  for  five  of  the  candidates  for  said  position  whose  names  appear  upon 
puch  ballot,  with  the  right  to  vote  for  each  of  the  five  candidates  selected  by  him  the 
number  of  votes  he  is  entitled  to  cast  as  hereinafter  provided. 

One  vote  for  each  acre  of  real  estate  owned. 

Each  and  every  owner  of  land  in  the  district  shall  be  entitled  to  vote  in  person  or  by 
proxy,  and  shall  have  the  right  to  cast  one  vote  for  each  acre  of  real  estate  owned  by 
him  in  the  district,  such  ownership  to  be  determined  from  the  next  preceding  assess- 
ment roll  of  the  county  or  counties  in  which  the  lands  of  the  district  are  situated,  and 
the  board  shall,  prior  to  the  election,  cause  to  be  prepared  and  certified  and  furnished 
to  the  board  of  elections  at  each  voting  place,  a  true  and  correct  copy  of  the  entries 
upon  said  next  preceding  assessment  rolls  so  far  as  such  assessment  rolls  apply  to  any 
lands  within  such  district,  and  to  the  extent  of  showing  the  name  of  the  owner  and  tho 
number  of  acres  assessed  to  each  such  owner,  and  which  said  certified  entries  from  said 
rolls  shall  be  used  by  the  board  of  election  in  determining  the  number  of  votes  each 
voter  is  entitled  to  cast. 

Fraction  of  acre. 

In  calculating  the  number  of  acres  owned  by  any  voter  any  fraction  of  an  acre  in 
excess  of  the  integral  number  owned  by  him  shall  be  disregarded. 

Joint  ownership. 

Where  land  is  owned  in  joint  undivided  ownership,  the  votes  shall  be  divided  in 
accordance  with  the  interests  of  each  joint  owner. 

Unknown  owners. 

Where  land  is  assessed  to  unknown  owners,  any  person  producing  an  aflBdavit  of  any 
searcher  of  records  certifying  the  true  ownership  of  such  land  at  the  date  of  the 
election,  or  at  any  time  five  days  previous  thereto,  accompanied  by  an  aflSdavit  of  the 
person  certified  to  be  the  owner  that  he  is  the  owner  of  the  property  at  that  time,  said 
person  so  certified  to  be  the  owner  shall  be  entitled  to  vote  in  like  manner  as  if  his 
name  appeared  upon  the  assessment  roll  as  above  mentioned. 

Proxies. 

Where  corj^orations  or  partnerships  appear  as  the  owners  of  properties  the  votes 
of  such  voters  shall  be  cast  by  any  person  holding  a  proxy  from  such  corporation  or 
firm. 

Executors,  administrators,  special  administrators  and  guardians  may  cast  the  vote 
of  the  estates  represented  by  them. 

No  person  shall  vote  by  proxy  at  such  election  unless  authority  to  cast  such  vote 
shall  be  evidenced  by  an  instrument  in  writing  duly  acknowledged  and  certified  in  the 
same  manner  as  grants  of  real  property,  and  filed  with  the  board  of  elections. 

The  election  officer  in  delivering  to  each  voter  his  ballot  shall  ascertain  and  write 
upon  the  ballot,  the  number  of  votes  the  holder  of  the  ballot  is  entitled  to  cast,  and  in 
their  canvassing  returns  shall  see  to  it  that  the  number  of  votes  cast  does  not  exceed 
the  number  of  votes  such  voter  was  entitled  to  cast,  but  if  there  is  an  excess,  the  balloL 
shall  not  be  disregarded  or  invalidated,  but  only  the  number  which  the  voter  was 
entitled  to  cast  shall  be  counted. 

Canvass  of  vote. 

It  shall  be  the  duty  of  the  election  oflfif'ers  to  publicly  canvass  the  votes  immediately 
after  the  close  of  the  election,  and  to  make  a  report  of  the  result  of  said  election  to  the 


379  CONSERVATION.  Act  941,  §  6 

board  of  supervisors  within  five  days  subsequent  to  the  holding  thereof,  who  shall  as 
soon  as  practicable  proceed  to  canvass  said  returns. 

If  majority  for  district. 

If  a  majority  of  the  votes  cast  at  said  election  shall  be  in  favor  of  a  conservancy 
district,  the  said  board  of  supei-visors  shall,  by  resolution,  establish  said  conservancy 
district  and  jDroceed  as  herein  otherwise  stated. 

If  majority  against. 

If  a  majority  of  the  votes  cast  shall  be  against  the  conservancy  district,  the  board 
of  supervisors  shall  by  order  so  declare,  and  shall  thereafter  dismiss  said  proceedings 
by  order  and  proceed  to  adjudge  the  cost  against  the  signers  of  the  petition  or  their 
bondsmen;  no  other  proceedings  shall  be  taken  for  the  formation  of  a  similar  district 
until  the  expiration  of  one  year  from  said  election. 

Directors  declared  elected. 

If  the  majority  of  votes  cast  at  such  election  shall  be  in  favor  of  a  conservancy  dis- 
trict, the  board  of  supervisors  shall  canvass  the  returns  of  said  election  for  the  position 
of  directors  for  the  district  and  having  determined  upon  the  five  candidates  duly  elected 
as  directors  shall  by  resolution  declare  them  to  be  so  duly  elected  and  declare  them  to 
be  the  directors  of  the  district  for  the  ensuing  term  of  four  years  and  certificates  of 

election  shall  be  issued  to  them. 

The  fact  of  the  presentation  of  the  petition  and  the  order  establishing  the  conser- 
vancy district  and  the  order  declaring  the  five  directors  elected,  shall  be  entered  in  the 
minutes  of  the  board  of  supervisors  of  the  main  county,  and  shall  be  conclusive  evi- 
dence of  the  due  presentation  of  a  proper  petition,  and  that  each  of  the  petitioners  was 
at  the  time  of  the  signing  the  same  and  presentation  of  the  petition  an  assessed  free- 
holder in  the  proposed  district,  and  of  the  fact  and  regularity  of  all  prior  proceedings 
of  every  kind  and  nature  provided  for  by  this  act,  and  of  the  existence  and  validity 
of  the  district.  Should  the  office  of  any  of  said  directors  elected  become  vacant  before 
his  term  of  office  expires,  the  same  shall  be  filled  by  the  board  of  dii-ectors  for  the 
unexpired  term.  On  the  expiration  of  the  terms  of  said  directors  elected  as  herein 
specified,  the  supervisors  shall  again  call  an  election  in  accordance  with  the  provisions 
of  this  section  to  fill  the  offices  so  becoming  vacant. 

Name. 

In  said  resolution  establishing  the  district  the  board  shall  give  said  district  a  cor- 
porate name,  which  may  or  may  not  be  the  name  designated  in  said  petition,  by  which 
in  all  proceedings  it  shall  thereafter  be  known,  and  thereupon  the  district  shall  be  a 
political  subdivision  of  the  state  of  California,  a  body  corporate  with  all  the  powers  of 
a  corporation,  and  shall  have  power: 

Powers  of  district. 

1.  To  have  perpetual  succession  and  existence. 

2.  To  sue  and  to  be  sued  in  the  name  of  said  district  in  all  actions  and  proceedings 
in  all  courts  and  tribunals  of  competent  jux'isdiction. 

3.  To  adopt  a  seal  and  alter  it  at  pleasure. 

4.  To  take  by  grant,  purchase,  gift,  devise  or  lease,  to  hold,  use,  enjoy,  and  to  lease 
or  dispose  of  real  or  personal  property  of  every  kind  within  or  without  such  district 
necessary  to  the  full  exercise  of  its  powers. 

After  an  order  is  entered  by  the  board  of  supervisors  establishing  the  district,  such 
order  shall  be  deemed  final  and  binding  upon  the  property  within  the  district  and  shall 
finally  and  conclusively  establish  the  regular  organization  of  the  said  district  against 


Act  941,  §§  7-10  GENERAL   LA'WS.  380 

all  persons  except,  the  state  of  California  upon  suit  commenced  by  the  attorney  general. 
Any  such  siiit  must  be  commenced  within  three  months  after  said  decree  declaring  such 
district  organized  as  herein  provided  and  not  otherwise. 

Place  of  business. 

Upon  the  election  and  qualification  of  a  board  of  directors  as  herein  provided  said 
board  of  directors  shall  designate  the  place  where  the  office  or  principal  place  of  busi- 
ness of  the  district  shall  be  located,  which  shall  be  within  the  corporate  limits  of  the 
district  if  practicable,  and  which  may  be  changed  by  order  of  said  board  of  directors 
from  time  to  time.  The  regular  meetings  of  the  board  of  directors  shall  be  held  at 
such  office  or  place  of  business,  but  for  cause  entered  of  record  may  be  adjourned  to 
any  other  convenient  place.  The  official  records  and  files  of  the  district  shall  be  kept  at 
the  oflSce  so  established. 

Recording  of  resolution  establishing  district. 

§  7.  Within  thirty  days  after  the  said  district  has  been  duly  established  the  clerk 
of  the  main  county  shall  transmit  to  the  secretary  of  state,  and  to  the  county  recorder 
and  the  county  clerk  in  each  of  the  counties  having  lands  in  said  district,  copies  of  the 
resolution  establishing  said  district.  The  same  shall  be  filed  and  recorded  in  the  office 
of  the  secretary  of  state  in  the  same  manner  as  articles  of  incorporation  are  now 
required  to  be  filed  and  recorded  under  the  general  law  concerning  corporations,  and 
shall  also  be  filed  in  the  office  of  the  county  clerk  of  each  county  in  which  a  part  of  the 
district  may  be,  where  thej'  shall  become  permanent  records;  and  the  recorder  in  each 
county  shall  receive  a  fee  of  one  dollar  for  filing  and  recording  the  same,  and  the 
secretary  of  state  shall  receive  for  filing  and  for  recording  said  copies  such  fees  as 
are  now  or  hereafter  may  be  provided  by  law  for  like  services  in  similar  cases.  The 
expenses  required  for  filing  papers  and  all  other  incidental  expenses  to  the  organization 
of  the  district  shall  be  paid  from  the  general  fund  of  the  main  county  and  shall  be 
refunded  by  the  disti-ict  on  demand. 

Oath  of  director.    President  and  secretary. 

^  8.  Each  director  before  entering  upon  his  official  duties  shall  take  and  subscribe 
to  an  oath  before  a  qualified  officer  that  he  will  honestly,  faithfully  and  impartially 
perform  the  duties  of  his  office,  and  that  he  will  not  be  interested  directly  or  indirectly 
in  any  contract  let  by  said  district,  which  said  oath  shall  be  filed  in  the  office  of  the 
clerk  of  the  board  of  supervisors  of  the  main  county.  Upon  taking  the  oath,  the  board 
of  directors  shall  choose  one  of  their  number  president  of  the  board,  and  shall  elect 
some  suitable  person  secretary,  who  may  or  may  not  be  a  member  of  the  board.  Such 
board  shall  adopt  a  seal,  and  shall  keep  a  record  of  all  its  proceedings,  minutes  of  all 
meetings,  certificates,  contracts,  bonds  given  by  employees  or  contracts  and  all  corporate 
acts,  which  record  book  shall  be  open  to  the  inspection  of  all  owners  of  property  in 
the  districts,  as  well  as  to  all  other  interested  parties. 

Quorum. 

§  9.  A  majority  of  the  directors  shall  constitute  a  quorum,  and  a  concurrence  of  at 
least  three  directors  in  any  matter  within  their  duties  herein  prescribed  shall  be  valid 
as  the  act  of  the  board. 

Duties  of  secretary. 

^  10.  The  secretary  shall  be  the  custodian  of  the  records  of  the  district  and  of  its 
corporate  seal  and  shall  assist  the  board  of  directors  in  such  particulars  as  said  board 
may  direct  in  the  performance  of  its  duties.  It  shall  be  the  duty  of  the  secretary  to 
attest,  under  the  corporate  seal  of  the  district,  all  certified  copies  of  the  official  records 
and  files  of  the  district  that  may  be  required  of  him  by  the  provisions  of  this  act,  or 


I 


381  COIVSERVATION.  Act  941. 9  11 

by  any  person  ordering  the  same  and  paying  the  reasonable  cost  of  transportation. 
And  any  portion  of  the  record  so  certified  and  attested  shall  prima  facie  import  verity. 

Chief  engineer.    Attorney. 

The  board  of  directors  shall  also  employ  a  chief  engineer  who  may  be  an  individual, 
copartnership,  or  corporation;  an  attorney,  attorneys,  and  such  other  agents  and 
assistants  as  may  be  needful;  and  may  provide  for  their  compensation,  which,  with 
all  other  necessary  expenditures,  shall  be  taken  as  a  part  of  the  cost  of  the  improvement. 
The  employment  of  the  secretary,  engineer  and  attorney  for  the  district  shall  be  evi- 
denced by  agreements  in  writing,  which,  so  far  as  possible,  shall  specify  the  amounts 
to  be  paid  for  their  services. 

Plan  for  improvements.    Use  of  former  survey. 

$  11.  Upon  their  qualification,  and  after  their  organization,  the  board  of  directors 
shall  cause  to  be  prepared  a  plan  by  the  engineer  of  the  district  employed  for  this  pur- 
pose>  for  the  improvements  for  which  the  district  was  created.  Such  plan  shall  include 
such  surveys,  maps,  profiles,  plans  and  other  data  and  descriptions  as  may  be  necessary 
to  set  forth  properly  the  location  and  character  of  the  work,  and  the  location  and 
extent  of  the  property  benefited  or  taken  or  damaged,  with  estimates  of  cost  and  with 
specifications  for  doing  the  work.  In  case  the  board  of  directors  finds  that  any  former 
survey  made  by  any  other  district,  or  in  any  other  manner,  is  useful  for  the  purpose  of 
the  district,  the  board  of  directors  shall  have  the  power  to  acquire  such  data  and 
records  of  surveys  as  may  be  useful  to  it,  and  shall  pay  therefor  an  amount  not  to 
exceed  the  value  of  such  data  and  records  to  said  district.  The  plan  herein  referred 
to  may  include  any  improvement  work  already  done  for  conservancy  or  flood  control 
purposes  or  any  of  the  purposes  contemplated  by  this  act,  by  any  person,  firm,  corpo- 
ration, private  or  public,  or  any  district  or  municipality,  and  if  so  the  board  of  directors 
shall  have  power  to  acquire  the  same  and  pay  therefor  an  amount  not  to  exceed  the 
appraised  value  thereof  as  appraised  by  the  board  of  appraisers  hereafter  referred  to. 

Notice  of  hearing  on  plan. 

Upon  the  completion  and  filing  of  such  plan,  the  board  shall  caiase  notice  by  publi- 
cation to  be  given  as  provided  in  section  one  herein  in  each  county  of  said  district,  of 
such  completion  of  said  plan,  and  shall  permit  the  inspection  thereof  at  their  ofiice 
by  all  persons  interested.  Said  notice  shall  fix  the  time  and  place  for  the  hearing  of  all 
objections  to  said  plan  not  less  than  twenty  days  nor  more  than  thirty  daj'^s  after  the 
last  publication  of  said  notice;  any  person  interested  in  property  within  the  district 
may  object  to  such  plan. 

Approval  of  state  engineer.    Adoption. 

All  objections  to  said  plan  shall  be  in  >vriting  and  filed  with  the  secretary  of  <?aid 
board  at  his  office  not  more  than  one  day  before  the  time  of  such  hearing.  Said  objec- 
tion shall  specify  the  features  of  the  plan  objected  to.  At  the  time  specified  in  said 
notice,  the  board  of  directors  shall  meet  at  the  office  of  said  district,  and  hear  said 
objections  and  adopt,  reject  or  refer  back  said  plan  for  modification  to  the  engineer  of 
said  district.  If  said  plan  be  referred  back  to  said  engineer  said  meeting  shall  bo 
continued  from  time  to  time  until  such  modified  plan  shall  be  reported  by  said  engi- 
neers. The  state  engineer  shall  be  invited  to  be  present  in  person  or  by  representative 
at  said  hearing  or  any  continuation  thereof  and  may  approve,  reject  or  modify  said 
plan,  his  actual  expenses  to  be  borne  by  the  district.  Before  final  approval  of  the 
official  plan  the  same  shall  have  had  the  written  approval  of  the  state  engineer  whose 
duty  it  shall  be  to  pass  upon  the  feasibility  of  the  plan,  its  proper  adaptation  to  a 
general  flood  control  plan  of  the  stream  sj'stem  or  systems  of  which  it  may  be  a  part 
as  well  as  the  safety  of  the  works  to  be  constructed  and  until  such  approval  shall  have 


Aot  941.  §§  12-14  GETVERAI.   LAWS.  388 

been  received  such  official  plan  may  not  be  adopted.  After  said  hearing  before  the 
board  of  directors  and  their  approval,  and  after  said  plans  have  been  approved  or 
modified  and  approved  by  the  state  engineer,  the  said  board  shall  adopt  said  plan  as 
approved,  or  as  modified  and  approved,  as  the  official  plan  of  the  said  district.  If  said 
board  of  directors  shall  reject  said  plan,  then  said  board  shall  proceed  as  in  the  first 
instance  under  this  section  to  prepare  another  plan.  Upon  final  adoption  of  said 
official  plan,  a  record  of  such  adoption  shall  be  entered  upon  the  minutes  of  the  board 
and  shall  be  filed  with  the  secretary  together  Avith  the  approval  of  the  state  engineer. 

Power  of  directors. 

§  12.  The  board  of  directors  shall  have  full  power  and  authority  to  devise,  prepare 
for,  execute,  maintain  and  operate  any  or  all  works  or  improvements  necessary  or 
desirable  to  complete,  maintain,  operate  and  protect  the  improvement  outlined  by  the 
official  plan.  They  may  secure  and  use  men,  materials  and  equipment  under  the  super- 
vision of  the  chief  engineer  or  other  agents,  or  they  may  in  their  discretion  let  contracts 
for  such  work,  either  as  a  whole  or  in  part,  to  the  lowest  responsible  bidder  after  pub- 
lication calling  for  bids  as  hereinafter  provided. 

Right  to  enter  lands  to  make  surveys,  etc. 

§  13.  The  board  of  directors  of  any  district  organized  under  this  act,  or  their 
employees  or  agents,  including  contractors,  and  their  employees,  and  the  members  of 
the  board  of  appraisers  and  their  assistants  may  upon  first  obtaining  an  order  of  court 
enter  upon  lands  within  or  without  the  district  in  order  to  make  surveys  and  exami- 
nations to  accomplish  the  necessary  preliminary  purposes  of  the  district,  or  to  have 
access  to  the  work,  being  liable,  however,  for  actual  damage  done,  but  no  unnecessary 
damage  shall  be  done.  Any  person  or  corporation  preventing  such  entrance  shall  be 
guilty  of  misdemeanor,  punishable  by  fine  not  exceeding  fifty  dollars. 

Powers  of  directors  to  perform  work.    Limitation  «n  powers. 

§  14.  In  order  to  effect  the  protection  from  damage  by  flood  waters  or  the  drainage, 
reclamation  or  irrigation  of  the  land  and  other  property  in  the  district,  and  to  accom- 
plish all  other  purposes  of  the  district,  the  board  of  directors  is  authorized  and 
empowered,  subject  to  the  laws  of  this  state,  to  clean  out,  straighten,  widen,  alter  or 
deepen  the  course  or  terminus  of  any  conduit,  pipe  line  or  ditch,  drain,  sewer,  river, 
water  course,  wash,  pond,  lake,  creek  or  natural  stream,  to  plant  trees  for  the  protection 
of  the  same  or  to  forest  or  reforest  lands  for  the  conservation  of  flood  water,  to  estab- 
lish settling  basins,  shafts  or  tunnels  for  sinking  water  and  to  construct  dams  in  or 
out  of  said  district;  to  fill,  abandon  or  alter  any  ditch,  drain,  sewer,  river,  water  course, 
wash,  pond,  lake,  creek  or  natural  stream,  and  to  concentrate,  divert  or  divide  the  flow 
of  water  in  or  out  of  said  district;  to  construct  and  maintain  main  and  lateral  conduit 
pipe  lines  or  ditches,  sewers,  canals,  levees,  dikes,  dams,  sluices,  revetments,  reservoirs, 
holding  basins,  floodways,  pumping  stations  and  siphons,  and  any  other  works  and 
improvements  deemed  necessary  to  construct,  preserve,  operate  or  maintain  the  works 
herein  provided  for,  and  subject  to  approval  of  general  plan  therefor  by  the  officer  or 
officers  in  charge  of  such  highways  to  construct  or  enlarge  or  cause  to  be  constnicted  or 
enlarged  any  and  all  public  bridges  that  may  be  needed  in  or  out  of  said  district;  to 
construct  or  elevate  roadways  and  streets  in  the  manner  herein  provided;  to  construct 
any  and  all  of  said  works  and  improvements  across,  through  or  over  any  public  high- 
way, canal,  railroad  right  of  way,  track,  grade,  fill  or  cut,  in  or  out  of  said  district, 
as  herein  provided;  to  remove  or  change  the  location  of  any  fence,  building,  railroad, 
canal,  or  other  improvements  in  or  out  of  said  district  as  herein  provided;  and  shall 
have  the  right  to  hold,  encumber,  control,  to  acquire  by  donation,  purchase  or  con- 
demnation, to  construct,  own,  lease,  use  and  sell  real  and  personal  property,  and  any 


383  CONSERVATION.  Act  941,  §§  15-18 

easement,  riparian  right,  railroad  right  of  way,  canal,  sluice,  reservoir,  settling  basin, 
holding  basin,  mill  dam,  water  power,  wharf,  or  franchise  in  or  out  of  said  district  for 
right  of  way,  holding  basin  or  for  any  necessai-y  purpose,  or  for  material  to  be  used  in 
constructing  and  maintaining  said  works  and  improvements,  open  new  roads,  streets 
and  alley's,  or  change  the  course  of  an  existing  one,  as  herein  provided,  and  may 
dispose  of  waters  conser^^ed  for  irrigation  as  herein  provided;  provided,  however,  that 
the  powers  in  this  act  vested  in  said  board  of  directors  are  vested  subject  to  the  con- 
ditions, restrictions  and  limitations  imposed  by  the  public  utilities  act  of  the  state  of 
California  and  the  act  of  the  state  of  California  creating  the  water  commission,  and 
the  reclamation  board  act  of  the  state,  and  subject  to  the  powers  therein  vested  in  the 
said  railroad  commission  and  the  said  water  commission  and  the  said  reclamation  board 
of  this  state ;  and  provided,  further,  that  the  approval  of  the  officer  or  officers  in  charge 
of  public  highways  be  first  had  before  any  public  highway,  alley,  lane,  or  bridge  or 
appurtenance  thereto  be  in  any  manner  interfered  with. 

Letting  of  contracts. 

5  15.  When  it  is  determined  to  let  the  work  by  contract,  contracts  in  amounts  to 
exceed  one  thousand  dollars  shall  be  let  after  notice  calling  for  bids  shall  have  been 
published,  once  a  week  for  three  consecutive  weeks  completed  on  date  of  last  publica- 
tion, in  at  least  one  newspaper  of  general  circulation  within  said  district,  or  in  case 
there  is  no  sucli  newspaper  within  the  district,  then  within  the  county  where  the  work 
is  to  be  done,  and  the  board  may  let  said  contract  to  the  lowest  or  best  bidder  who 
shall  give  a  good  and  approved  bond,  with  ample  security,  conditioned  on  the  carrying 
out  of  the  contract,  or  the  board  may  reject  all  bids  and  readvertise  for  the  same.  But 
said  contract  shall  not  be  let  to  another  than  the  lowest  responsible  bidder  unless 
upon  a  hearing  before  the  board  of  directors,  and  with  notice  to  all  parties  interested, 
an  order  be  obtained  therefor.  Such  contract  shall  be  in  writing,  and  shall  be  accom- 
panied by  or  shall  refer  to  official  plans  and  specifications  for  the  work  to  be  done,  pre- 
pared by  the  engineer  of  said  district  in  accordance  with  said  final  plan.  Said  contract 
shall  be  approved  by  the  board  of  directors  and  signed  by  the  president  of  the  board 
and  by  the  contractor,  and  shall  be  executed  in  duplicate;  provided,  that  in  case  of  sud- 
den emergency  when  it  is  necessary  in  order  to  protect  the  district,  the  advertising  of 
contracts  may  be  waived  upon  the  unanimous  consent  of  the  board  of  directors  in 
writing. 

Right  of  eminent  domain. 

5  16.  Said  board,  where  necessarv-  for  the  purposes  of  this  act.  shall  have  a  right  of 
eminent  domain  subject  to  the  rights  and  powers  vested  in  the  railroad  commission  of 
this  state. 

Right  to  condemn  property. 

§  17.  Said  board  shall  also  have  the  right,  subject  to  the  powers  and  rights  vested 
by  law  in  the  state  railroad  commission,  to  condemn  for  the  use  of  the  district  any 
land  or  property  within  or  without  said  district. 

Regulation  of  ditches.    Consent  of  health  officers. 

^  18.  Where  necessary,  in  order  to  secure  the  best  results  from  the  execution  and 
operation  of  the  plans  of  the  district,  or  to  prevent  damage  to  the  district  by  deteriora- 
tion or  misuse,  or  by  the  pollution  of  the  waters,  of  any  watercourse  therein,  the  board 
of  directors  may  make  regulations  for  and  may  prescribe  the  manner  in  which  existing 
ditches  or  other  works  shall  be  adjusted  to  or  connected  with  the  works  of  the  district 
or  any  water  course  therein;  and  when  not  in  conflict  with  local  or  state  health  regula- 
tions  may  prescribe  the  manner  in  which  the  water  courses  of  the  district  may  be  used 


Act  941    98  Ifc-Zl  GENERAL   LAWS.  384 

for  sewer  outlets  or  for  disposal  of  waste;  provided,  however,  that  the  consent  of  the 
properly  constituted  local  or  state  health  officer  or  oflfieers  be  first  obtained. 

Power  to  change  water-course,  etc. 

§  19.  The  board  of  directors,  subject  to  such  regulations  as  may  be  imposed  by  law, 
shall  have  power  and  authority  to  improve  in  alignment,  section,  grade  or  in  any  other 
manner  any  water-course,  and  they  may  require  the  removal,  widening,  lengthening, 
deepening,  raising  or  other  change  of  any  public  or  private  road  bridge  or  railroad 
bridge  or  any  aqueduct  or  telephone,  telegraph,  gas,  oil,  sewer,  water  or  other  pipe 
lines  or  any  other  construction  over,  along,  across,  under  or  through  such  water-course ; 
provided,  however,  that  no  change  shall  be  made  in  any  public  bridge,  highway,  ditch, 
or  other  public  structure  without  the  consent  of  the  public  officer  or  officers  in  charge 
of  the  same  be  first  had  and  obtained.  In  case  such  change  is  made  necessary  in  any 
such  structure  by  the  failure  of  such  bridge  or  other  structure  to  permit  the  free  flow 
of  the  water  in  such  stream  in  time  of  flood,  then  the  owner  of  any  such  construction 
shall  make  such  change  without  cost  to  the  district,  or  without  any  claim  for  damages 
against  the  district,  except  that  the  district  shall  pay  the  cost  of  excavating  the  earth 
for  the  enlargement  of  any  channel  or  for  placing  earth  for  the  filling  of  any  channel 
where  such  excavation  or  filling  is  required  as  a  part  of  plans  of  the  district  in  making 
the  changes  outlined  in  this  section,  but  the  district  shall  not  be  required  to  make  such 
fill  or  excavation  unless  it  would  be  necessary  to  the  plans  of  the  district  if  the  bridge 
or  other  construction  did  not  exist;  provided,  however,  that  nothing  herein  contained 
shall  deprive  any  owner  of  property  of  due  process  of  law  in  determining  the  amount 
of  damages  due  him  for  property  damaged  or  taken  for  the  uses  herein  stated;  and 
provided,  further,  that  in  all  things  where  the  railroad  commission  of  this  state  is 
empowered  to  act  by  the  laws  of  this  state  their  sanction  to  any  act  must  first  be  had. 

Moving  dredge  boat  through  bridge  or  grade. 

§  20.  In  case  it  is  necessary  to  pass  any  dredge  boat  or  other  equipment  through  a 
bridge  or  grade  of  any  railroad  company  or  other  corporation,  county  or  municipality, 
the  board  of  directors  shall  give  twenty  days'  notice  to  the  owner  of  said  bridge  or 
grade  that  the  same  shall  be  removed  temporarily  to  allow  the  passage  of  such  equip- 
ment or  that  an  agreement  be  immediately  entered  into  in  regard  thereto.  The  owner 
of  said  bridge  or  grade  shall  keep  an  itemized  account  of  the  cost  of  the  removal,  and, 
if  necessary,  of  the  replacing  of  said  bridge  or  grade,  and  said  actual  cost  shall  be 
paid  by  the  district.  In  case  the  owner  of  said  bridge  or  grade  shall  refuse  to  provide 
for  the  passage  of  said  equipment,  the  board  of  directors  may  remove  such  bridge  or 
grade  at  the  expense  of  the  district  after  proceeding  according  to  law  so  to  do,  inter- 
rupting traffic  in  the  least  degree  consistent  with  good  work  and  without  delay  or 
unnecessary  damage ;  provided,  that,  where  required  by  law,  the  consent  of  the  railroad 
commission  of  the  state  is  first  obtained.  In  case  they  shall  be  impeded  from  doing  so, 
the  owner  of  said  bridge  or  grade  shall  be  liable  for  damage  for  the  resulting  delay. 
Nothing  in  this  act  specified  to  be  done  affecting  any  public  bridge  or  highway  shall  be 
undertaken  without  first  obtaining  the  consent  in  writing  of  the  officer  or  officers  of  the 
county  or  city  or  state  having  supervision  of  such  bridge  or  highway  in  which  such 
improvement  is  contemplated. 

Stream  gages,  etc. 

§  21.  The  board  of  directors  shall  also  have  the  right  to  establish  and  maintain 
stream  gages,  rain  gagos,  a  flood  warning  sei'vice  with  telephone  or  telegraph  lines  or 
telephone  or  telegraph  service,  and  may  make  such  surveys  and  examinations  of  rain- 
fall and  flood  conditions,  stream  flow  and  other  scientific  and  engineering  subjects  as 
are  necessary  and  proper  for  the  purposes  of  the  district,  and  they  may  issue  reports 
of  their  findings. 


I 


i 


385  *  CONSERVATION.  Act  041,  §  23 

Cc-operation  with  United  States  government,  etc. 

^  22.  The  board  of  directors  shall  also  have  the  right  and  authority  to  enter  into 
contracts  or  other  arrangements  with  the  United  States  government  or  any  department 
thereof,  with  persons,  railroads  or  other  corporations,  with  public  corporations,  and  the 
state  government  of  this  or  other  states,  with  protection,  flood  control,  drainage,  con- 
servation, conservancy,  levee  or  other  improvement  districts,  in  this  or  other  states, 
for  co-operation  or  assistance  in  constructing,  maintaining,  using  and  operating  the 
works  of  the  district  or  the  waters  thereof,  or  for  making  surveys  and  investigations 
or  reports  thereon;  and  may  purchase,  lease  or  acquire  land  or  other  property  in 
adjoining  states  in  order  to  secure  outlets  or  for  other  purposes  of  this  act,  and  may 
let  contracts  or  spend  money  for  securing  such  outlets  or  other  works  in  adjoining 
states. 

Appropriation  of  increased  water  supply. 

§  23.  Wherever  the  organization  of  or  the  improvements  made  by  the  district  in- 
crease the  supply  of  water  in  the  stream  or  streams  system  such  increase  may  be  sub- 
ject to  appropriation  by  the  district,  and  the  rights  to  such  increase  where  lawfully 
appropriated  may  be  leased,  sold,  or  assigned  by  the  district  in  return  for  reasonable 
compensation,  subject,  however,  to  such  regulation  and  control  as  may  be  reposed  by 
law  in  water  commission  or  other  office,  agency  or  department  of  the  state  of  California. 

Application  to  use  waters  appropriated. 

Persons,  corporations,  municipalities,  or  other  parties  desiring  to  secure  use  of  the 
waters  lawfully  appropriated  by  the  district  for  protection  against  flood  damage,  or 
water-courses  of  the  district,  or  of  the  district  rights  therein,  which  may  have  been 
acquired  by  appropriation  under  the  laws  of  this  state,  may,  subject  to  the  regulations 
and  conditions  authorized  by  law  to  be  imposed  by  the  state  water  commission,  make 
application  to  the  board  of  directors  for  lease,  purchase,  or  permission  for  such  use. 
Such  application  shall  conform  to  the  rules  and  regulations  of  the  state  water  com- 
mission and  state  the  purpose  and  character  of  such  use,  the  period  and.  degree  of 
continuity  of  such  use,  the  amount  of  water  desired  and  the  place  of  use  and  the  means 
of  conveyance.  Where  it  is  not  possible  nor  reasonable  to  grant  all  applications, 
preference  shall  be  given  to  domestic  and  municipal  water  supply.  All  other  applica- 
tions shall  be  granted  in  the  order  of  their  filing  and  shall  be  granted  subject  to 
the  applicable  provisions  of  the  said  water  commission  act  and  to  said  public  utility  act 
and  other  acts  of  the  state  of  California  now  in  force. 

Rights  of  municipalities. 

Nothing  in  this  act  contained  shall  be  deemed  or  construed  to  limit  the  rights  of 
municipalities  in  the  exercise  of  the  right  of  eminent  domain  under  the  laws  of  the 
state  of  California, 

Term  of  lease,  etc. 

The  board  of  directors  shall  not  permanently  sell,  lease,  assign,  permit  or  othenvise 
part  with  the  control  by  the  district  of  the  use  of  the  waters  thereof,  and  rates  for 
light,  power  or  other  services  charged  by  vendees,  assignees,  lessees  or  licensees  of  such 
board  of  directors  shall  be  subject  at  all  times  to  revision  and  control  by  state  law. 
Assignments,  leases,  sales  or  permissions  may  be  made  for  periods  of  not  greater  than 
twenty-five  years.  At  the  termination  of  the  period  of  such  assignments,  sales,  leases 
or  pel-missions,  they  shall  be  renewed  for  a  reasonable  period  not  to  exceed  fifteen 
years,  on  the  condition  that  a  new  determination  is  made  of  a  reasonable  charge  there- 
for, as  herein  provided;  unless  there  are  other  applications  on  file,  the  granting  of 
which  would  result  in  filling  a  greater  need  or  in  a  more  reasonable  use.  In  case  such 
applications  are  on  file,  they  shall  have  preference. 

Gen.  Laws — 25 


Act  941,  §24  GBNE:RAL,   LAWS.  886 

Regulations  for  purpose  of  determining  rates.    Bates  fixed  "by  railroad  commission. 

The  board  of  directors  may  make  regulations,  subject  always  to  the  applicable 
provisions  of  the  said  water  commission  act  and  the  said  public  utilities  act  of  the 
state  of  California,  and  other  act  or  acts  of  said  state,  for  the  determination  and 
measurement  of  the  increased,  or  better,  or  more  convenient  use  of,  or  benefit  from 
the  water  supply  of  the  district,  for  the  purpose  of  determining  rates  of  compensation, 
and  for  the  purpose  of  securing  to  all  parties  interested  the  greatest  and  best  use  of 
the  water  thereof.  A  copy  of  such  regulations  shall  be  transmitted  to  the  state  water 
commission  for  its  approval  and  to  the  railroad  commission  of  the  state  of  California, 
accompanied  by  a  request  for  the  fixing  of  rates  by  said  commission  for  said  district. 
Said  commission  shall  thereupon  proceed  to  fix  said  rates  in  the  manner  provided  by 
law  and  report  the  same  to  said  board  of  directors.  In  case  of  failure  of  any  user 
to  pay  for  use  in  the  manner  specified  by  order  of  the  court,  the  board  may  compel 
payment,  and  may  enjoin  further  use  until  such  payment  is  made.  The  rights  under 
any  lease  or  sale  shall  not  extend  to  a  change  of  use,  or  of  place,  time  or  manner  of 
use,  except  in  so  far  as  is  specifically  stated  in  the  lease  or  other  agreement. 

All  money  received  as  compensation  under  the  provisions  of  this  section  shall  be 
added  to  the  maintenance  fund  of  the  district  and  used  for  defraying  the  expenses 
thereof. 

Determination  of  water  rights,  etc. 

As  a  basis  for  assessment  of  benefits  due  to  a  greater,  better,  or  more  convenient 
use  of,  or  benefit  from,  the  waters  of  the  district  the  directors  of  the  district  may 
themselves  cause  a  determination  to  be  made  or  may  avail  themselves  of  data  in  the 
hands  of  the  said  state  water  commission  of  the  condition^  of  the  water  supply  and 
of  the  water-courses  of  the  disti'ict  as  they  were  before  the  improvements  were  made, 
or  as  they  existed  at  any  subsequent  time,  and  they  may  petition  the  state  water  com- 
mission to  make  a  determination  of  all  rights,  property,  easements,  or  other  interests 
in  the  waters,  or  the  water-courses  of  the  district,  such  determination  being  based  upon 
records  of  greatest  and  least  flow,  upon  the  evidence  of  use,  or  evidence  of  legal  rights, 
and  upon  any  other  evidence  and  records  which  may  be  available,  and  upon  receipt  of 
such  petition  it  shall  become  the  duty  of  the  state  Avater  commission  to  immediately 
proceed  to  ascertain  the  same  and  to  report  to  said  board  of  directors  their  findings. 
Upon  the  completion  of  such  determination  and  the  receipt  of  a  report  thereof  by  them, 
the  directors  of  the  district  shall  make  their  report  thereon  and  file  the  same  with  the 
secretary  of  said  district.  Thereupon  notice  shall  be  given  of  the  pendency  of  said 
report  and  a  hearing  thereon,  which  notice  and  hearing  shall  conform  as  nearly  as 
possible  to  the  notice  and  hearing  on  appraisals  of  benefits  and  of  land  to  be  taken. 
Upon  the  deteniiination  of  the  matter  by  the  board  of  directors,  its  findings  shall  be 
conclusive,  and  shall  be  the  basis  of  any  future  assessment;  provided,  that  in  case  any 
party  shall  thereafter  establish  in  court  or  through  the  action  of  the  state  water 
commission  any  right  or  property  in  the  waters  of  the  district,  or  the  use  thereof,  which 
has  not  been  adjudicated,  the  existence  of  such  right,  or  the  failure  to  adjudicate  it, 
shall  not  affect  the  operation  of  this  provision  nor  the  findings  of  the  board  of  direc- 
tors thereon  in  any  other  particular. 

The  appraisal  of  benefits  made  by  the  appraisers  of  the  district  shall  not  include 
benefits  for  such  greater,  better  or  more  convenient  use  of,  or  benefit  from  the  waters 
of  the  district,  but  the  compensation  for  such  use  or  benefits  shall  be  made  according 
to  the  provisions  of  this  section. 

Board  of  appraisers. 

§  24.  At  any  suitable  time  after  having  taken  their  oath  of  office,  the  board  of 
directors  shall  appoint  three  appraisers  wiu»ae  duty  it  shall  be  to  appraise  the  lands 


387  CONSKRVATION.  Act  941,  §  2S 

or  other  property  -within  and  without  the  district  to  be  acquired  for  rights  of  way, 
reservoirs  and  other  works  of  the  district,  and  to  appraise  all  benefits  and  damages 
accruing  to  all  lands  within  or  without  the  district  by  reason  of  the  execution  of  the 
oflScial  plan.  Said  appraisers  shall  be  freeholders  residing  within  the  state  of  Cali- 
fornia, who  may  or  may  not  own  lands  within  said  district.  Each  of  the  appraisers 
shall,  before  taking  up  his  duties,  take  and  subscribe  to  an  oath  that  he  will  faithfully 
and  impartially  discharge  his  duties  as  such  appraiser,  and  that  he  will  make  a  true 
report  of  such  work  done  by  him.  The  said  appraisers  shall  at  their  first  meeting  elect 
one  of  their  own  number  chairman,  and  the  secretary  of  the  board  of  directors  or  his 
deputy  shall  be  ex  officio  secretaiy  of  said  board  of  appraisers  during  their  continu- 
ance in  office.  A  majority  of  the  appraisers  shall  constitute  a  quorum,  and  a  con- 
currence of  the  majority  in  any  matter  within  their  duties  shall  be  sufficient  for  its 
determination.  Said  appraisers  shall  continue  to  hold  their  office  until  dismissed  by  the 
board  of  directors,  and  the  board  of  directors  shall  fill  all  vacancies  in  the  board  of 
appraisers,  or  may  appoint  a  new  board  for  subsequent  appraisals,  as  occasion  may 
require.  Such  new  board,  if  appointed,  shall  fill  all  the  requirements  of  the  board  of 
appraisers  of  the  district,  and  perform  its  duties. 

Appraisal  of  benefits  and  damages. 

$  25.  When  the  official  plan  is  adopted  and  filed  with  the  secretary  of  the  district 
and  said  appraisers  have  been  appointed  he  shall  at  once  notifj'  the  board  of  appraisers, 
and  they  shall  thereupon  proceed  to  appraise  the  benefits  of  every  kind  to  all  real 
property  within  or  without  the  district,  which  will  result  from  the  organization  of  said 
district  and  the  execution  of  the  official  plan;  and  also  to  appraise  the  damages  sus- 
tained and  the  value  of  the  land  and  other  property  necessary  to  be  taken  by  the 
district  for  which  settlement  has  not  been  made  by  the  board  of  directors.  In  the 
progress  of  their  work,  they  shall  have  the  assistance  of  the  attorney,  engineers,  sec- 
retary and  other  agents  and  employees  of  the  board  of  directors. 

The  board  of  appraisers  shall  also  appraise  the  benefits  and  damages,  if  any,  accru- 
ing to  property  or  interests  in  properties  of  cities,  counties  and  other  public  corpora- 
tions, and  to  the  state  of  California. 

Appraisal  of  property  for  purchase. 

Before  appraisals  of  compensation  and  damages  are  made,  the  directors  of  the  dis- 
trict may  report  to  the  appraisers  the  parcels  of  land  or  other  property,  or  anj'  other 
works  to  be  done,  included  within  the  powers  granted  under  the  act  they  may  wish  to 
purchase  and  for  which  they  may  wish  appraisals  to  be  made,  both  for  easement  anil 
for  purchase  in  fee  simple.  The  board  may,  if  it  deems  best,  specify  in  case  of  any 
property  the  particular  purpose  for  which  and  the  extent  to  which  an  easement  in 
the  same  is  desired,  describing  definitely  such  purpose  and  extent.  The  appraisers 
shall  appraise  all  damages  which  may,  because  of  the  execution  of  the  official  plan, 
accrue  to  real  or  other  property  either  within  or  without  the  district,  which  damages 
shall  also  represent  easements  acquired  by  the  district  for  all  the  purposes  of  the  dis- 
trict, unless  otherwise  specifically  stated.  Upon  such  appraisals  being  confirmed 
by  the  board  of  directors,  the  board  of  directors  of  the  district  shall  have  the  option 
of  paying  the  entire  appraised  value  of  the  property  and  acquiring  full  title  to  it 
(in  fee  simple),  or  of  paying  only  the  cost  of  such  easement  for  the  purposes  of  the 
district.  The  appraisers  in  appraising  benefits  and  damages  shall  consider  only  the 
effect  of  the  execution  of  the  official  plan.  The  appraisers  in  making  appraisals  shall 
give  due  consideration  and  credit  to  any  other  works  or  other  sj'stems  of  reclamation 
already  constructed,  or  under  construction,  which  form  a  useful  part  of  the  work  of  the 
district  according  to  the  official  plan.     Where  the  appraisers  return  no  appraisal  of 


Act  »4 1,  88  20-20  GBNERAI.   LAWS.  388 

damages  to  any  property,  it  shall  be  deemed  a  finding  by  them  that  no  damage  will  be 
sustained. 

Lands  outside  district. 

$  26.  If  the  appraisers  find  the  lands  or  other  property  not  embraced  within  the 
boundaries  of  the  district  will  be  aUected  by  the  proposed  improvement,  or  should  be 
included  in  the  district,  they  shall  appraise  the  benefits  and  damages  to  such  land,  and 
shall  file  notice  with  the  board  of  directors  of  the  appraisal  which  they  have  made  upon 
the  lands  beyond  the  boundaries  of  the  district. 

Beport  of  board  of  appraisers. 

$  27.  The  board  of  appraisers  shall  prepare  a  report  of  its  findings  which  shall  be 
arranged  in  tabular  form  and  bound  in  book  form,  and  which  shall  be  known  as  the 
conservancy  appraisal  record.  Such  record  shall  contain  the  names  of  the  owners  of 
property  appraised  as  it  may  appear  on  the  last  assessment  roll  of  the  county,  a 
description  of  the  property  appraised,  the  amount  of  benefits  appraised,  the  amount 
of  damages  appraised,  and  the  appraised  value  of  land  or  other  property  which  may 
be  taken  for  the  purposes  of  the  district.  They  shall  also  report  any  other  benefits  or 
damages  or  any  other  matter  which  in  their  opinion  should  be  brought  to  the  attention 
of  the  board  of  directors.  No  error  in  the  names  of  the  owners  of  real  property  or  in 
the  descriptions  thereof  shall  invalidate  said  appraisal  or  the  levy  of  assessments  or 
taxes  based  thereon,  if  sufficient  description  is  given  to  identify  such  real  property. 

When  their  report  is  completed,  it  shall  be  signed  by  at  least  a  majority  of  the 
appraisers  and  filed  with  the  secretary. 

Notice  of  hearing  on  appraisals. 

$  28.  Upon  the  filing  of  the  report  of  the  appraisers,  the  secretary  of  the  district 
shall  give  notice  thereof  by  publication.  Said  notice  shall  be  substantially  as  in  form 
six  of  the  schedules  hereto  attached.  It  shall  not  be  necessary  for  said  secretary  to 
name  the  parties  interested. 

Description  of  lands. 

It  shall  not  be  necessary  to  describe  the  separate  lots  or  tracts  of  land  in  giving 
said  notice,  but  it  shall  be  sufficient  to  give  such  descriptions  as  will  enable  him,  the 
owner,   to   determine   whether  or  not  his  land  is  covered  by  such  description.     For 

in.stance,  it  will  be  sufficient  to  state  "all  land  lying  in  block of  the  town  of 

"  or,  "all  land  abutting  on street  in  the  town  of , " 

or  "all  land  lying  west  of   4...   river  and  east  of   railroad  in 

township,"   or   any   other   general    description   pointing   out    the   lands 

involved  and  identifying  the  same. 

Where  lands  in  different  counties  are  mentioned  in  said  report  it  shall  not  be  neces- 
sary to  publish  a  description  of  all  the  lands  in  the  district  in  each  county,  but  only 
of  that  part  of  the  said  lands  situate  in  the  county  in  which  publication  is  made. 

Hearing  of  objections. 

^  29.  Any  property  owner  may  accept  the  appraisals  of  benefits  and  of  damages  and 
of  lands  to  be  taken  made  by  the  appraisers,  or  may  acquiesce  in  their  failure  to 
appraise  damages,  and  shall  be  construed  to  have  done  so  unless  he  shall  within  ten 
days  after  the  last  publication  provided  for  in  the  preceding  section  file  objections  to 
said  report.  All  objections  shall  be  heard  by  the  board  of  directors,  beginning  not  less 
than  twenty  nor  more  than  thirty  days  after  the  last  publication  provided  for  herein, 
and  determined  in  advance  of  other  business  so  as  to  carry  out,  liberally,  the  purposes 
and  needs  of  the  district.  The  board  of  directors,  if  it  deem  necessary,  may  alter  or 
amend  said  report  in  accordance  with  such  objection  or  any  of  them,  or  may  return  the 


I 


SS9  CONSERVATION.  Act  941,  §§  30-32 

report  to  the  board  of  appraisers  for  their  further  consideration  and  amendments,  and 
enter  its  order  to  that  effect.  If,  however,  the  appraisal  roll  as  a  whole  is  referred  back 
to  the  appraisers,  the  board  of  directors  shall  not  resume  the  hearing  thereof  without 
due  notice,  as  for  an  original  hearing  thereon. 

Approval  of  report.    Disorganization  of  district  on  disapproval  of  report. 

^  30.  If  it  appears  to  the  satisfaction  of  the  board  of  directors  after  having  heard 
and  determined  all  said  objections  that  the  estimated  cost  or  constructing  the  improve- 
ment contemplated  in  the  official  plan  is  less  than  the  benefits  appraised,  then  the  said 
board  shall  approve  and  confirm  said  appraisers'  report  as  filed  or  as  so  modified  and 
amended.  In  case  the  board  of. directors  shall  find  that  the  benefits  appraised  are  less 
than  the  estimated  total  costs,  it  shall  report  the  fact  to  the  board  of  supervisors  who 
shall  disorganize  the  district  after  having  provided  for  the  payment  of  all  expendi- 
tures by  an  order  of  said  board  abandoning  all  proceedings. 

Condemnation  of  property. 

$  31.  If  after  the  approval  of  the  appraisers'  report  the  said  board  of  directors 
deems  it  necessary  to  proceed  by  condemnation  to  acquire  for  the  district  property  to 
cany  out  the  official  plan  of  the  district,  it  may  proceed  so  to  do,  under  and  by  virtue 
of  the  laws  of  the  state  of  California,  and  the  passage  of  a  resolution  by  said  board  that 
the  lands  to  be  acquired  are  for  a  public  use  shall  be  conclusive  of  that  fact. 

Alterations  or  additions  to  plan. 

$  32.  The  board  of  directors  may  at  any  time  before  the  conclusion  of  the  hearing 
thereon  and  the  approval  by  the  state  engineer,  when  necessary  to  fulfill  the  objects  for 
which  the  district  was  created,  alter  or  add  to  the  official  plan  as  in  section  eleven 
provided,  and  when  such  alterations  or  additions  are  formally  approved  by  the  said 
board  and  by  the  state  engineer  and  are  filed  with  the  secretary,  they  shall  become 
parts  of  the  official  plan  for  all  purposes  of  this  act.  Where  such  alterations  or 
additions  in  the  judgment  of  the  said  board  neither  materially  modify  the  general 
character  of  the  work,  nor  materially  increase  resulting  damages  for  which  the  board 
is  not  able  to  make  amicable  settlement,  nor  increase  the  cost  more  than  ten  per  cent, 
no  reappraisement  shall  be  necessary.  In  case  the  proposed  alterations  or  additions  in 
the  opinion  of  the  board  materially  modify  the  resulting  damages  or  materially  reduce 
the  benefits,  for  which  the  board  of  directors  is  not  able  to  make  amicable  settlement, 
or  materially  increase  the  benefits  in  such  a  manner  as  to  require  a  new  appraisal, 
or  increase  the  cost  more  than  ten  per  cent,  the  board  of  directors  shall  direct  the 
board  of  appraisers  (which  may  be  the  original  board  or  a  new  board  appointed  by  the 
board  of  directors)  to  appraise  the  property  to  be  taken,  benefited  or  damaged,  by 
the  proposed  alterations  or  additions.  Upon  the  completion  of  the  report  thereon  by 
the  board  of  appraisers  notice  shall  be  given  and  a  hearing  had  on  their  report  in  the 
same  manner  as  in  the  case  of  the  original  report  of  the  board  of  appraisers;  provided, 
that  where  only  a  few  landowners  are  affected,  the  secretary  of  the  district  may,  on 
order  of  the  board  of  directors,  if  found  by  them  to  be  more  economical  and  con- 
venient, give  personal  notice  to  such  landowners  of  the  hearing  of  the  report  of  said 
appraisers,  instead  of  notice  by  publication ;  and  provided,  that  when  the  only  question 
at  issue  is  additional  damages  or  reduction  of  benefits  to  property,  due  to  modifica- 
tions or  additions  to  the  plans,  the  board  of  directors  may,  if  they  find  it  practicable, 
make  settlements  with  the  owners  of  the  property  damaged  or  benefited,  instead  of 
having  appraisals  made  by  the  board  of  appraisers.  In  case  such  settlements  are  made, 
notice  and  hearing  need  not  be  had.  After  bonds  have  been  sold,  in  order  that  their 
security  may  not  be  impaired,  no  reduction  shall  be  made  in  the  aggi-egate  amount 
of  benefits  appraised  against  property  in  the  distri^v 


Act  941,  §§  33-35  GENERAL.   LAWS.  SOO 


i 


Validity  of  proceeding  not  affected  by  fault. 

§  33.  No  fault  in  any  notice  or  other  proceedings  shall  affect  the  validity  of  any 
proceeding  under  this  act  except  to  the  extent  to  which  it  can  be  shown  that  such  ^ 
fault  resulted  in  a  material  denial  of  justice  to  the  property  owner  complaining  of  such  ^ 
fault  if  any  appraisal  of  benefits  shall  be  declared  ineffectual  by  any  court. 

The  board  of  directors  may  render  a  finding  as  to  the  amount  of  benefits  to  said 
property,  and  appraise  the  proper  benefits  accordingly,  and  thereupon  said  land  shall 
be  assessed  according  to  such  benefits. 

District  funds. 

§  34.  The  moneys  of  every  conservancy  district  organized  hereunder  shall  consist 
of  four  separate  funds:  (1)  Preliminary  fund,  by  which  is  meant  the  proceeds  of  the 
ad  valorem  tax  authorized  by  this  act  and  such  advancements  as  may  be  made  from 
the  general  county  funds  as  provided  in  this  act;  (2)  bond  fund,  by  which  is  meant 
a  fund  raised  by  the  issuance  and  sale  of  bonds  of  the  district;  (3)  improvement 
warrant  fund,  by  which  is  meant  the  proceeds  of  levies  made  against  the  special 
assessments  of  benefits  equalized  and  confirmed  under  the  provisions  of  this  act;  and 
(4)  maintenance  fund,  which  is  a  special  assessment  to  be  levied  annually  for  the  pur- 
pose of  upkeep,  administration  and  current  expenses  as  hereinafter  provided.  It  is 
intended  that  the  cost  of  preparing  the  official  plan,  the  appraisal  (except  as  paid  out 
of  the  preliminary  fund)  and  the  entire  cost  of  construction  and  superintendence, 
including  all  charges  incidental  thereto,  and  the  cost  of  administration  during  the 
period  of  construction,  shall  be  paid  out  of  the  bond  fund. 

No  vouchers  shall  be  drawn  against  the  preliminary  fund  (except  for  advances  from 
the  general  county  funds)  or  against  the  maintenance  fund  until  a  tax-levying  reso- 
lution shall  have  been  properly  recommended  by  the  board  of  directors  and  passed 
by  the  board  of  supervisors  and  duly  entered  upon  its  records;  no  bonds  shall  be  issued 
against  the  bond  fund  until  a  tax-levying  resolution  shall  have  been  properly  recom- 
mended by  the  board  of  directors  and  passed  by  the  board  of  supervisors  and  duly 
entered  upon  its  records;  no  moneys  shall  be  transferred  from  the  improvement  warrant 
fund  except  by  order  of  the  board  of  supervisors,  upon  recommendation  of  the  board 
of  directors. 

Payment  of  preliminary  expenses. 

§  35.  If  the  district  is  not  organized,  then  the  costs  of  publication  and  other 
official  costs  of  the  proceedings  shall  be  collected  by  the  county  from  the  petitioners 
or  their  bondsmen,  paid  into  the  county  treasury  and  there  held  in  a  separate  fund 
against  which  warrants  may  be  audited  and  drawn  on  the  order  of  the  board  of 
supervisors,  as  other  warrants  of  the  county  are  audited  and  drawn.  Upon  the  organ- 
ization of  the  district,  the  board  of  supervisors  shall  make  an  order  indicating  a 
preliminary  division  of  the  preliminary  expenses  between  the  counties  included  in  the 
district  in  approximately  the  proportions  of  interest  of  the  various  counties  as  may  be 
estimated  by  said  board  of  supervisors.  And  the  board  of  supervisors  of  each  respec- 
tive countv  shall  issue  an  order  to  the  auditor  of  its  respective  county  to  issue  his 
warrant  for  the  pro  rata  amount  to  be  paid  that  county,  upon  the  treasurer  of  his 
county  to  reimburse  the  county  having  paid  the  total  cost ;  provided,  however,  that  the 
joint  board  of  supervisors  shall  first  determine  at  a  previous  meeting  the  pro  rata 
amount  to  be  borne  by  each  county  and  shall  determine  the  same  upon  a  basis  of  the 
assessed  value  of  property  benefited  in  the  district  in  each  county. 

Advance  of  funds  by  counties. 

Expenses  incurred  thereafter  prior  to  the  receipt  of  money  by  the  district  from  taxes 
or  assessments,  bond  sales,  or  otherwise,  shall  be  paid  from  the  general  funds  of  the 


391  CONSERVATIOW.  Ac*  »41, 88  36, 37 

respective  counties  proportionately  upon  the  order  of  the  board  of  supervisors,  and 
shall  be  paid  upon  certification  of  the  clerk  of  the  board  of  supervisors  of  such  ^rder, 
specifying  the  amount  and  purpose  of  the  claims  to  the  auditor  of  each  county,  who 
shall  thereupon  at  once  issue  his  warrant  to  the  treasurer  of  his  county.  Upon  receipt 
of  funds  by  the  district  from  the  sale  of  bonds  or  by  taxation  or  assessment  the  funds 
so  advanced  by  the  counties  shall  be  repaid. 

Tax  levy  for  incidental  expenses. 

As  soon  as  any  district  shall  have  been  organized  under  this  act,  and  a  board  of 
directors  shall  have  been  elected  and  qualified,  such  board  of  directors  shall  recom- 
mend to  the  board  of  supervisors  and  the  board  of  supervisors  shall  have  the  power 
and  authority  to  levy  upon  the  property  within  the  district  an  assessment  not  to 
exceed  three-tenths  of  a  mill  on  each  one  hundred  dollars  of  the  assessed  valuation 
thereof  as  a  level  rate  to  be  used  for  the  purpose  of  paying  expenses  of  organization, 
for  surveys  and  plans,  and  for  other  incidental  expenses  which  may  be  necessary  up 
to  the  time  money  is  received  from  the  sale  of  bonds  or  otherwise.  This  assessment 
shall  be  certified  to  the  auditors  of  the  various  counties  having  property  within  the 
district  and  by  them  to  the  respective  treasurers  of  their  counties.  If  such  items  of 
expense  have  already  been  paid  in  whole  or  in  part  from  other  sources,  they  may  be 
repaid  from  the  receipts  of  such  levy,  and  such  levy  may  be  made  although  the  work 
proposed  may  have  been  found  impracticable  or  for  other  reasons  is  abandoned.  The 
tax  collector  shall  at  once  proceed  to  collect  said  assessment  and  the  collection  of  such 
assessment  levy  shall  conform  in  all  matters  to  the  collection  of  taxes  and  assessments 
for  the  district  outlined  in  this  act,  and  the  same  provisions  concerning  the  non- 
payment  of  taxes  shall  apph'.  In  case  a  district  is  disbanded  for  any  cause  whatever 
before  the  work  is  contracted,  the  data,  plans  and  estimates  which  have  been  secured 
shall  be  filed  with  the  clerk  of  the  board  of  supervisors  with  which  the  petition 
thereupon  was  filed,  and  shall  be  matters  of  public  record  available  to  any  person 
interested. 

Interest  on  unpaid  warrants. 

^  36.  If  any  warrant  issued  by  the  board  of  directors  is  presented  for  payment 
and  is  not  paid  for  want  of  funds  in  the  treasury,  that  fact  with  the  date  of  refusal 
shall  be  endorsed  on  the  back  of  such  warrant,  and  said  warrant  shall  thereafter  draw 
interest  at  the  rate  of  six  per  cent,  until  such  time  as  there  is  money  in  the  treasury 
of  said  district  sufficient  to  pay  the  amount  of  said  warrant  with  interest. 

Bond  issue  to  complete  works. 

$  37.  At  any  time  after  the  adoption  of  the  original  official  plan  the  board  of 
directors  may  by  majority  vote  of  said  board  adopt  and  enter  on  their  minutes  a 
resolution  estimating  the  amount  of  money  needed  to  complete  the  works  according 
to  said  official  plan  and  authorizing  and  directing  a  petition  to  be  filed  with  the  board 
of  supervisors  of  the  county  in  which  the  original  petition  for  the  organization  of  the 
district  was  filed,  requesting  that  a  special  election  be  called  to  submit  to  the  electors 
of  the  district  qualified  under  this  act  the  question  of  incurring  an  indebtedness  in  the 
amount  specified  in  said  resolution.  Said  petition  shall  set  forth  the  amount  of  bonds 
to  be  issued,  the  rate  of  interest  to  be  paid,  which  shall  not  exceed  six  per  cent  per 
annum  and  in  general  terms  the  objects  and  purposes  for  which  the  indebtedness  is  to 
be  incurred.  After  the  filing  of  said  petition  the  board  of  supervisors  shall  without 
delay  call  a  special  election  and  submit  to  the  electors  of  said  district,  qualified  under 
the  provisions  of  this  act,  the  proposition  of  incurring  a  bonded  debt  in  the  amount 
estimated  by  the  board  for  the  construction  of  the  works  in  accordance  with  said 
official  plan. 


Act  041,  §  37  GE:NE:RAL   laws.  302 

Additional  issnes. 

If  the  amount  of  money  provided  in  the  original  bond  issue  is  not  sufficient  to  com- 
plete the  work  according  to  the  official  plan  nothing  herein  contained  shall  prohibit 
the  board  of  directors  from  filing  petitions  for  additional  issues  of  bonds  in  the  same 
form  and  manner  hereinabove  set  forth  for  tl'.e  original  issue  of  bonds.  The  plan  and 
procedure  for  the  original  issue  of  bonds  shall  be  followed  for  all  subsequent  issues 
of  bonds. 

Ordinance  calling  election.    Rate  of  interest. 

Said  board  of  supervisors  shall  call  such  special  election  by  ordinance,  and  shall 
recite  therein  the  objects  and  purposes  for  which  the  indebtedness  is  proposed  to  be 
incurred;  provided,  that  it  shall  be  sufficient  to  give  a  brief  general  description  of 
such  objects  and  purposes,  and  refer  to  the  official  plan  on  file  for  particulars;  and 
said  ordinance  shall  also  state  the  estimated  cost  of  the  proposed  work  and  improve- 
ments, the  amount  of  the  principal  of  the  indebtedness  to  be  incurred  therefor,  and 
what  part  of  such  indebtedness  shall  be  paid  each  and  every  year,  and  which  shall  be 
not  less  than  one-fortieth  of  the  whole  amount  of  such  indebtedness,  and  the  rate  of 
interest  to  be  paid  on  said  indebtedness,  and  shall  fix  the  date  on  which  such  special 
election  shall  be  held,  the  manner  of  holding  the  same  and  the  manner  of  voting  for  or 
against  incurring  such  indebtedness.  The  rate  of  interest  to  be  paid  on  such  indebted- 
ness shall  not  exceed  six  per  centum  per  annum. 

Election  precincts. 

For  the  purposes  of  said  election,  said  board  of  supervisors  shall  in  said  ordinance 
establish  election  precincts  within  the  boundaries  of  the  said  district,  and  may  form 
election  precincts  by  consolidating  the  precincts  established  for  general  election  pur- 
poses in  said  district  to  a  number  not  exceeding  six  for  each  such  bond  election  pre- 
cinct, and  shall  designate  a  polling  place  and  appoint  two  inspectors,  two  judges  and 
two  clerks  for  each  of  such  precincts. 

In  all  particulars  not  recited  in  such  ordinance,  such  election  shall  be  held  as  nearly  as 
practicable  in  conformity  with  the  general  election  laws  of  the  state. 

Said  board  of  supervisors  shall  cause  so  much  of  said  official  plan  as  covers  a  gen- 
eral description  of  the  work  to  be  done,  and  the  map  showing  the  location  of  the  pro- 
posed work  and  improvements,  to  be  printed  at  least  thirty  days  before  the  date 
fixed  for  such  election,  and  a  copy  thereof  furnished  to  every  elector  of  said  district 
qualified  under  the  provisions  of  this  act  who  shall  apply  for  the  same. 

Publication  of  ordinance. 

Said  ordinance  calling  such  election  shall,  prior  to  the  date  set  for  such  election,  be 
published  ten  times  in  a  daily,  or  four  times  in  a  weekly,  newspaper  of  general  cir- 
culation, printed  and  published  in  said  district,  and  designated  by  said  board  of  super- 
visors for  said  purpose.    No  other  notice  of  such  election  need  be  given. 

Any  defect  or  irregularity  in  the  proceedings  prior  to  the  calling  of  such  election 
(shall  not  affect  the  validity  of  the  bonds. 

Majority  vote.  Form  of  bonds.  Sale  of  bonds.  Tax  to  pay  principal  and  interest. 
If  at  such  election  a  majority  of  the  votes  cast  are  in  favor  of  incurring  such  bonded 
indebtedness,  then  bonds  of  said  district  for  the  amount  stated  in  such  proceedings 
shall  be  issued  and  sold  as  in  this  act  provided.  All  bonds  issued  under  this  act  shall 
mature  serially  in  equal  annual  amounts  of  not  less  than  one-fortieth  part  of  the 
aggregate  principal  in  each  3'ear,  and  their  principal  and  interest  shall  be  made  pay- 
able at  the  county  treasurer's  office  of  the  main  county;  in  United  States  gold  coin. 
The  board  of  supervisors  by  an  order  entered  upon  its  minutes  shall  prescribe  the 


r 


393  CONSERVATION.  Act  941,  §  37 

form  of  said  bonds,  and  of  the  interest  coupons  attached  thereto;  the  denominations 
of  the  bonds,  which  shall  be  not  lesg  than  one  hundred  dollars  nor  more  than  one 
thousand  dollars;  the  dates  of  payment  of  principal  and  interest,  and  the  serial 
numbering  of  the  bonds  and  coupons.  Said  bonds  shall  be  signed  on  behalf  of  the 
district  by  the  chairman  of  the  board  of  supervisors  of  the  main  county  and  by  the 
auditor  of  said  county,  and  the  coupons  shall  be  signed  by  the  engraved  or  litho- 
graphed facsimile  signature  of  such  auditor;  and  when  so  signed  said  bonds  and 
coupons  shall  be  delivered  for  safe  keeping  to  the  county  treasurer  of  said  main 
county,  who  shall  deliver  them  to  the  purchaser  or  purchasers  thereof  on  receipt  of 
the  purchase  price.  If  any  officer  signing  shall  cease  to  be  such  officer  before  the 
delivery  of  the  bonds  to  the  purchaser,  such  signature  shall  nevertheless  be  valid  and 
effectual.  Said  bonds  shall  be  sold  in  the  manner  prescribed  by  the  board  of  super- 
visors, but  for  not  less  than  par,  and  the  proceeds  of  sale  thereof,  including  any 
premium  received  at  such  sale,  shall  be  deposited  in  the  county  treasury  to  the  credit  of 
the  construction  fund  of  the  district.  Payments  from  said  fund  shall  be  made  by  the 
county  treasurer  upon  demands  signed  by  the  president  and  secretary  of  the  district 
and  approved  by  resolution  of  the  board  of  directors,  each  of  which  demands  shall 
recite  that  it  is  drawn  in  payment  of  work  to  be  done  under  said  official  plan,  or  for 
expense  incidental  thereto.  Bonds  issued  under  this  act  shall  constitute  a  continuing 
lien  upon  all  property  within  the  district.  The  board  of  supervisors  shall  levy  a  tax 
each  year  upon  the  taxable  property  in  such  district,  sufficient  (when  added  to  the 
district  bond  fund  in  the  county  treasury  available  therefor)  to  pay  the  annual 
interest  on  said  bonds,  and  also  such  part  of  the  principal  thereof  necessary  to  be 
collected  as  will  become  due  before  the  collection  of  the  next  general  tax  levy.  Sucl? 
tax  shall  be  levied  and  collected  on  such  property  in  each  county  containing  any  park 
of  the  district  at  the  time  and  in  the  same  manner  as  the  general  tax  levy  for  county 
purposes,  and  when  collected  shall  be  paid  by  the  treasurer  of  each  county  into  the 
county  treasury  of  the  main  county  to  the  credit  of  the  district  bond  fund,  to  be  used 
for  the  payment  of  the  principal  and  interest  of  said  bonds  and  for  no  other  purpose. 
The  treasurer  shall  pay  therefrom  the  principal  and  interest  of  said  district  bonds  in 
the  manner  provided  by  law  for  payment  of  county  bonds. 

The  provisions  of  the  Political  Code  prescribing  the  manner  and  effect  of  levying, 
equalizing  and  collecting  taxes,  the  sale  of  property  for  delinquency,  and  the  redemp- 
tion from  such  sale,  and  the  duties  of  the  several  county  officers  in  respect  thereto, 
so  far  as  they  do  not  conflict  with  the  specific  provisions  of  this  act,  are  hereby  adopted 
and  made  applicable  to  the  levy  and  collection  of  said  taxes  for  the  payment  of  bonds. 
Such  officers  shall  be  liable  on  their  official  bonds  for  the  faithful  discharge  of  the 
duties  imposed  on  them  bj'  this  act. 

Partial  sale  or  pledge. 

If  at  the  time  the  bonds  are  ready  to  be  issued,  the  board  shall  be  of  the  opinion 
that  such  bonds  can  not  advantageously  be  issued  and  sold  in  whole,  the  board  may  sell 
parts  only  for  the  entire  issuer  or  may  pledge  all  or  part  of  said  issue  as  collateral  to 
a  loan,  but  no  partial  sale  or  pledge  shall  be  made  without  the  order  of  the  board  made 
and  entered  of  record,  and  no  pledge  shall  be  made  at  a  greater  margin  than  at  the  rate 
of  one  hundred  dollars  of  bond  principal  for  ninety  dollars  of  loan. 

The  district  may  secure  the  payment  of  loans  from  the  United  States  government 
in  the  same  manner  as  it  may  secure  the  payment  of  bonds,  and  the  board  of  directors 
maj-  make  any  necessary  regulations  to  provide  for  such  payments. 

Validity  of  bonds.     Conversion  into  registered  bond. 

This  act  shall,  without  reference  to  any  other  act  of  the  legislature  of  California, 
be  full  authority  for  the  issuance  and  sale  of  the  bonds  in  this  act  authorized,  which 


Act  J»41.  ee  :w.  3»  GENERAL   LAWS.  S»4 

bonds  shall  have  all  the  qualities  of  negotiable  paper  under  the  law  merchant,  and 
when  executed  and  sealed  and  certified  to  by  the  state  treasurer  in  conformity  with  the 
provisions  of  this  act,  and  when  sold  in  the  manner  prescribed  herein  and  the  con- 
sideration therefor  received  by  the  district,  shall  not  be  invalid  for  any  irregularity  or 
defect  in  the  proceedings  for  the  issue  and  sale  thereof,  and  shall  be  incontestible  in 
the  hands  of  bona  fide  purchasers  or  holders  thereof  for  value.  No  proceedings  in 
respect  to  the  issuance  of  anj'  such  bonds  shall  be  necessary  except  such  as  are  required 
by  this  act.  Whenever  the  owner  of  any  coupon  bond  issued  pursuant  to  the  pro- 
visions of  this  act  shall  present  such  bond  to  the  treasurer  of  the  district  with  a 
request  for  the  conversion  of  such  bond  into  a  registered  bond,  the  said  treasurer  shall 
cut  off  and  cancel  the  coupons  of  any  such  coupon  bond  so  presented  and  shall  stamp, 
print  or  write  upon  such  coupon  bond  so  presented,  either  upon  the  back  or  the  face 
thereof,  as  may  be  convenient,  a  statement  to  the  effect  that  the  said  bond  is  registered 
in  the  name  of  the  owner  and  that  thereafter  the  interest  and  principal  of  said  bond 
are  payable  to  the  registered  owner.  Thereafter  and  from  time  to  time,  such  bond  may 
be  transferred  by  such  registered  owner  in  person  or  by  attorney  duly  authorized  on 
presentation  of  such  bond  to  the  treasurer  of  the  district  and  the  bond  again  registered 
as  before,  a  similar  statement  being  stamped,  printed  or  written  thereon.  Such  state- 
ment stamped,  printed  or  written  upon  any  such  bond  may  be  substantially  in  the 
following  form : 

Statement  on  registered  bond.  /-rw  x       •  •  xi  ^    ■■      x 

(Date,  giving  month,  year  and  day.) 

This  bond  is  registered  pursuant  to  the  statutes  in  such  case  made  and  provided,  in 
the  name  of  (here  insert  name  of  owner),  and  the  interest  and  principal  thereof  are 
hereafter  payable  to  such  owner. 

Treasurer  conservancy  district. 

If  any  bond  shall  be  registered  as  aforesaid,  the  principal  and  interest  of  such  bond 
shall  be  payable  to  the  registered  owner.  The  treasurer  of  the  district  shall  enter  in  a 
register  of  said  bonds  to  be  kept  by  him  or  in  a  separate  book,  the  fact  of  the  regis- 
tration of  such  bond  and  the  name  of  the  registered  owner  thereof,  so  that  said  registry 
or  book  shall  at  all  times  show  what  bonds  are  registered  and  the  name  of  the  registered 
owner  thereof. 

Bands  [Bonds]  legal  investments. 

^  38.  Bonds  of  any  district  issued  pursuant  to  the  provisions  of  this  act  which  are 
investigated  and  approved  by  any  commission  or  ofiBcer  now  or  hereafter  authorized 
by  the  laws  of  this  state  to  conduct  such  investigation  and  give  such  approval  and  by 
authority  of  which  approval  said  bonds  are  declared  to  be  legal  investments  for  sav- 
ings banks  may  be  lawfully  purchased  or  received  in  pledge  for  loans  by  banks,  trust 
companies,  guardians,  executors,  administrators  and  special  administrators,  or  by  any 
public  officer  or  officers  of  this  state,  or  of  any  county,  city,  city  and  county  or  other 
municipal  or  corporate  body  within  the  state  having  or  holding  funds  which  they  are 
allowed  by  law  to  invest  or  loan. 

Improvement  warrants. 

^  39.  Upon  the  adoption  of  the  report  of  appraisers  hereinbefore  referred  to,  the 
board  of  directors  shall  certify  said  report  to  the  board  of  supervisors.  The  board  of 
supervisors  shall  levy  against  the  respective  parcels  of  property  within  the  district  the 
sum  set  forth  in  said  report  of  appraisers  assessed  to  the  respective  parcels  of  prop- 
erty as  therein  set  forth  for  special  benefits.  The  board  of  supervisors  shall  there- 
upon issue  what  shall  be  known  as  improvement  warrants,  under  the  provisions  of  this 
act,  to  represent  such  special  assessments  against  each  parcel  of  land,  in  the  form  and 
manner  and  with  the  effect  in  this  act  provided.     Said  improvement  warrants  shall  be 


305  CONSERA'ATION.  Act  941,  §  30 

numbered  consecutively,  their  said  numbers  corresponding  with  the  numbers  given  to 
the  respective  parcels  of  land  as  shown  upon  the  map  accompanying  the  general  plan, 
and  shall  be  deemed  to  refer  to  said  map.  The  respective  special  assessments  so 
levied,  as  evidenced  by  said  improvement  warrants,  shall  bear  the  same  rate  of  interest 
per  annum  from  the  date  of  the  issuance  of  the  said  warrants  until  paid  as  is  borne  by 
the  district  bonds  hereinbefore  authorized  to  be  issued,  and  said  interest,  together  with 
a  smn  equal  to  the  first  installment  of  principal,  plus  one  per  cent  of  said  principal, 
shall  be  paid  semiannually  at  the  treasury  of  said  district.  Said  assessments  shall  be 
apportioned  by  said  board  of  supervisors  over  a  period  of  twenty-six  years,  both 
principal  and  interest  payable  at  the  office  of  the  treasury  of  said  district.  The  said 
improvement  warrants  issued  to  evidence  said  assessments  shall  be  attested  by  the  seal 
of  said  district,  and  shall  be  signed  by  the  secretary  of  the  board  of  directors,  and  shall 
be  a  lien  for  the  amount  indicated  on  the  face  of  such  warrants,  viz,  the  amount  of 
said  special  assessment,  together  with  accrued  interest,  if  any,  against  the  specific  par- 
cels of  land  to  which  the  said  improvement  warrants  respectively  refer.  Payment  of 
the  annual  installment  of  the  principal  of  said  assessment,  as  evidenced  by  said  im- 
provement warrants,  together  with  accrued  interest,  shall  be  due  on  the  first  day  of 
July  and  January  of  each  year,  and  the  first  payment  shall  be  due  on  the  first  day  of 
July  next  following  the  date  of  the  issuance  of  such  improvement  warrant.  In  case  of 
default  in  the  payment  of  any  installment  of  the  principal  provided  for  in  said  improve- 
ment warrant,  or  interest  accrued  on  deferred  pa^yments,  then  and  in  that  event  the 
entire  remaining  unpaid  installments  shall  become  immediately  due  and  payable,  and 
the  same,  and  all  liens  which  are  security  therefor,  may  be  collected  and  enforced  as  in 
this  act  provided.  Said  improvement  warrants  shall  be  in  the  following,  or  substan- 
tially the  following  form,  and  of  effect  as  therein  stated: 

Form  of  improvement  warrant. 

Improvement  Warrant  No of Conservancy  District. 

$ (Date) 

This  improvement  warrant,  known  as  and  numbered  improvement  warrant  number 

of  the conservancy  district,  is  issued  to  represent  an 

assessment  for  benefits  to  the  amount  of  $ ,  levied  in  the 

conservancy  district,  state  of  California.     The  amount  herein  stated  is  the  amount 

assessed  in  said  assessment  against  the  lot  or  parcel  of  land  numbered 

in  the  report  of  appraisers  on  file  herein,  and  in  the  diagram  attached  thereto,  and 
Avhich  said  amount  has  been  divided  into  fifty-two  equal  installments  of  principal,  one 
installment  of  which,  together  with  accrued  interest,  is  to  be  paid  semiannually,  and 
which  said  amount,  except  as  indicated  on  the  back  hereof,  remains  unpaid,  and  until 
entirely  paid,  with  accrued  interest,  is  a  first  lien  upon  the  property  affected  thereby, 
and  as  the  same  is  described  herein  and  in  said  recorded  assessment  with  its  diagram, 

to  wit,  the  lot  or  parcel  of  land  in  the  conservancy  district, 

county  of ,  state  of  California,  described  as  follows : 


The  term  of  this  improvement  warrant  is  twenty-six  years  from  JuW  1,  19. . .  .,  and 
at  the  expiration  of  said  time  the  whole  sum  then  unpaid,  together  with  accrued  interest, 
shall  be  due  and  payable,  but  on  the  first  days  of  July  and  January-  of  each  year  after 
the  date  hereof,  an  even  semiannual  proportion  of  its  principal  is  due  and  payable  until 

the  whole  is  paid,  with  accrued  interest,  at  the  rate  of   per  cjnt  per 

annum.  The  interest  on  deferred  payments  is  payable  semiannually,  on  the  first  day 
of  July  and  January  in  each  year  hereafter  until  paid,  the  first  of  which  is  due  for  the 
interest  from  date  to  the  first  day  of  July,  19. . . .,  and  thereafter  the  interest  payments 
are  for  the  interest  due  on  all  deferred  payments.     Should  default  be  made  in  the  first 


Act  941,  88  40-43  GENERAL   LAWS.  396 

or  any  succeeding  payments  of  principal,  or  in  any  payment  of  interest  by  the  owner 
of  said  lot  or  parcel,  or  anyone  in  his  behalf,  the  district  is  entitled  to  declare  the 
whole  unpaid  amount  to  be  due  and  payable,  and  thereupon  have  a  right  to  collect  the 
same  and  to  enforce  all  liens  which  are  security  therefor,  as  by  law  provided,  and  as  in 
the  case  of  unpaid  state  and  county  taxes. 

Issued  by  order  of  the  board  of  supervisors  this day  of ,  19 


Secretary  of  the  board  of  directors  of  the conservancy  district. 

Amounts  due  on  said  improvement  warrants  shall  be  payable  to  the  district  treasurer, 
and  no  mistake  or  error  in  the  description  in  said  warrant  or  in  the  description  of  the 
lot  or  parcel  of  land  assessed  shall  affect  the  validity  of  the  lien  of  any  improvement 
warrant,  unless  the  mistake  or  error  is  such  that  the  said  lot  or  parcel  of  land  can  not 
be  identified,  and  in  such  event,  the  same,  by  order  of  the  board  of  directors,  may  be 
corrected  upon  application  to  the  treasurer  and  to  the  oflScers  or  board  who  or  which 
made  the  assessment  to  represent  which  such  warrant  is  issued. 

Record  of  improvement  warrants. 

^  40.  The  treasurer  of  the  district  shall  enter  in  a  book  kept  for  that  purpose  in 
his  office  a  record  of  each  improvement  warrant  issued  hereunder,  specifying  the  date 
of  its  issue,  the  amount  for  which  issued,  its  duration,  and  a  description  of  the  lot  or 
parcel  against  which  issued.  Payments  of  principal  and  interest  on  account  of  any 
warrant  issued  hereunder  shall  be  made  to  the  treasurer  of  the  district,  who  shall  keep 
a  separate  account  of  all  such  payments,  entering  the  same  in  the  record  herein 
required  to  be  kept,  and  credit  the  same  on  the  back  of  the  warrant,  and  place  the 
same  in  appropriate  funds  for  the  payment  of  principal  and  interest  of  the  improve- 
ment warrants  on  account  of  which  paid. 

Amount  of  warrant  lien  on  property. 

^  41.  Such  warrants  issued  hereunder  shall  by  their  issuance  be  conclusive  evidence 
of  the  regularity  and  validity  of  all  proceedings  thereto.  The  amount  due  upon  any 
such  improvement  warrant  shall  be  a  lien  upon  the  lot  or  parcel  described  in  such 
improvement  warrant,  superior  to  all  other  liens,  charges  and  encumbrances  until  paid, 
except  the  liens  of  prior  assessments  and  of  state,  county  and  municipal  taxes,  assess- 
ments levied  or  assessed  by  statutory'  authority  and  taxes  levied  to  pay  o££  the  principal 
and  interest  of  the  bonds  hereinbefore  referred  to. 

Improvement  warrant  fund. 

^  42.  The  proceeds  derived  from  the  payments  of  such  improvement  warrants  shall 
be  paid  into  what  shall  be  known  as  the  improvement  warrant  fund  of  the  district,  to 
represent,  and  shall  represent,  assessments  for  which  said  improvement  warrants  were 
issued.  Upon  recommendation  of  the  board  of  directors,  and  upon  order  of  the  board 
of  supervisors,  proceeds  received  from  the  payment  of  the  principal  and  interest  of 
such  improvement  warrants  shall  be  employed  for  the  purpose  of  retiring  the  bonds 
of  the  district  hereinbefore  first  authorized  to  be  issued,  and  for  no  other  purpose. 

Sale  of  land  on  default  of  owner. 

§  43.  Whenever,  through  the  default  of  the  owner  of  any  lot  or  parcel  of  land 
against  which  any  such  improvement  warrant  or  warrants  is  or  are  issued  to  represent 
the  assessment  and  interest  against  such  lot  or  parcel  of  land,  payment  of  the  principal 
or  of  the  interest  is  not  made  when  the  same  has  become  due,  the  treasurer  of  the 
district,  upon  order  of  the  board  of  supervisors,  shall  proceed  to  advertise  and  sell 
said  lot  or  parcel  of  land  as  herein  provided,  and  provided  there  is  money  in  any  avail- 
able fund  so  to  do,  the  board  of  directors,  in  the  name  of  the  district,  may  buy  in  said 


397  CONSERVATION.  Act  941,  §§  44-47 

lot  or  parcel  of  land.  Thereupon  the  whole  improvement  warrant  or  its  unpaid 
remainder,  together  with  accrued  interest,  shall  become  due  and  payable  inamediately, 
and  on  the  day  following  shall  become  delinquent. 

Delinquent  improvement  warrants. 

$  44.  If  the  payment  of  principal  or  interest  of  any  improvement  warrant  issued 
shall  become  delinquent,  as  hereinbefore  provided,  the  said  treasurer  shall  publish  twice 
in  a  newspaper  of  general  circulation  to  be  designated  by  him,  published  in  the  city 
where  his  office  is  situated,  a  notice  which  must  contain  the  date  and  number  of  the 
delinquent  improvement  warrant,  a  description  of  the  property  mentioned  in  said 
warrant,  and  the  name  of  the  owner  of  such  property,  if  known,  and  if  unknown,  the 
fact  shall  be  so  stated,  the  amount  due  thereon,  and  a  statement  that  unless  the  amount 
of  said  improvement  warrant  and  the  interest  due  thereon,  together  with  the  cost  of 
publication  of  such  notice  are  paid,  the  real  property  described  in  said  improvement 
warrant  will  be  sold  at  public  auction  on  a  day  to  be  therein  fixed,  which  shall  not  be 
less  than  fifteen  nor  more  than  thirty  days  from  the  day  of  the  first  publication  of  said 
notice,  and  the  place  of  such  sale,  which  must  be  the  office  of  the  said  treasurer.  A  like 
notice  shall  be  served  upon  any  such  owner,  if  known,  either  personally  or  by  depositing 
the  same  in  the  post  office  at  such  city,  addressed  to  such  owner  at  his  address  if  known, 
with  the  postage  thereon  prepaid.  At  any  time  prior  to  the  sale,  the  owner  or  person 
in  possession  of  any  real  estate  offered  for  sale  under  the  provisions  of  this  act,  may 
pay  the  whole  amount  of  said  improvement  warrant  then  due,  with  costs,  and  said 
improvement  warrant  and  the  assessment  e%ddenced  thereby  shall  thereupon  be  can- 
celed; but  in  case  such  payment  is  not  made  by  such  owner,  or  person  in  possession,  or 
by  some  one  in  behalf  of  such  owner,  or  of  the  person  in  possession,  the  property 
subject  thereto  shall  be  sold  at  public  auction,  first,  preferably  to  the  district ;  secondly, 
if  the  district  does  not  bid  therefor,  to  the  bidder  offering  to  pay  the  amount  'lue  on 
the  warrant  with  costs  for  the  least  portion  of  such  lot  or  parcel  of  land  offered  for  sale. 

Affidavit  of  publication. 

$  45.  The  district  treasurer,  before  the  day  of  sale  hereinafter  provided  for,  must 
file  with  the  secretary  of  the  board  of  directors  a  copy  of  the  publication,  with  an 
affidavit  of  the  publisher  of  such  newspaper  or  some  one  in  his  behalf  attached  thereto, 
that  it  is  a  true  copy  of  the  same,  and  that  the  publication  was  made  in  a  newspaper, 
stating  its  name  and  place  of  publication,  ♦and  the  date  of  each  appearance  in  whick 
such  publication  was  made,  which  affidavit  is  prima  facie  evidence  of  all  the  factf 
stated  therein. 

Added  costs. 

^  46.  The  treasurer  of  the  district  must  collect,  in  addition  to  the  amount  due  oa 
such  improvement  warrant,  the  cost  of  the  publication  of  such  notice,  and  fifty  cents 
for  the  certificate  of  sale  delivered  to  the  purchaser  as  hereinafter  provided. 

Record  of  sale. 

$  47.  The  treasurer  of  the  district,  before  delivering  any  certificate  of  sale,  must, 
in  a  book  kept  in  his  office  for  that  purpose,  enter  the  date,  number  and  series  of  the 
improvement  warrant,  a  description  of  the  land  sold  corresponding  with  the  description 
in  the  certificate,  the  date  of  sale,  purchaser's  name,  the  amount  paid,  and  regularly 
number  the  descriptions  on  the  margins  of  the  book,  and  put  a  corresponding  number 
on  each  certificate.  Such  book  must  be  open  to  public  inspection  during  office  hours 
when  not  in  actual  use,  and  he  shall  enter  on  the  records  and  on  the  improvement  war- 
rant the  words,  "Canceled  by  sale  of  the  property,"  giving  the  date  of  such  sale. 


Act  941.88  4R-51  GENERAL  LAWS.  809 

Purchaser  divested  of  lien. 

§  48.  Immediately  on  the  sale,  the  purchaser  shall  become  vested  with  the  lien  on  the 
property  so  sold  to  hira  to  the  extent  of  his  bid,  and  is  only  divested  of  such  lien  by  the 
payment  to  the  treasurer  of  the  district  of  the  purchase  money,  including  costs  herein 
provided  for,  with  interest  thereon  at  the  rate  of  one  per  cent  per  month  from  date  of 
sale. 

Redemption  of  property  sold. 

$  ^.  A  redem])tion  of  the  property  sold  may  be  made  by  the  owner  of  the  property 
or  any  part  in  interest  within  twelve  months  from  the  date  of  purchase,  or  at  any  time 
prior  to  the  application  for  a  deed,  as  hereinafter  provided.  Redemption  must  be  made 
in  lawful  money  of  the  United  States,  and  when  made  to  the  treasurer  of  the  district  he 
must  credit  the  amount  paid  to  the  person  named  in  his  certificate  and  pay  it  on 
demand  to  him  or  his  assignees. 

Certificate  of  sale  filed. 

$  50.  On  receiving  the  certificate  of  sale,  the  secretary  must  file  it  and  make  an 
entry  in  a  book  similar  to  that  required  of  the  treasurer  of  the  district,  the  fee  for 
which  shall  be  fifty  cents,  and  on  presentation  of  the  receipt  of  the  treasurer  of  the 
district  for  the  total  amount  of  the  redemption  money,  the  secretary  must,  without 
charge,  mark  the  word  "Redeemed,"  the  date,  and  by  whom  redeemed,  on  the  margin 
of  the  book  where  the  entry  of  the  certificate  is  made. 

Deed  to  property  sold. 

$  51,  If  the  property  is  not  redeemed  within  the  time  allowed  by  the  provisions  of 
this  act  for  its  redemption,  the  treasurer  of  the  district  or  his  successor  in  ofl&ce,  upon 
application  of  the  purchaser,  or  his  assignee,  must  make  to  said  purchaser  or  his 
assignee  a  deed  to  the  property,  reciting  in  the  deed  substantially  the  matter  contained 
in  the  certificate,  and  that  no  person  has  redeemed  the  property  during  the  time 
allowed  for  its  redemption.  The  treasurer  shall  be  entitled  to  receive  from  the  pur- 
chaser two  dollars  for  making  said  deed,  which  shall  be  deposited  in  the  treasury  of 
the  district  for  the  use  of  the  district  after  payment  has  been  made  therefrom  for  the 
acknowledgment  of  said  deed;  provided,  however,  that  the  purchaser  of  the  property, 
or  his  assignee  or  agent,  must,  thirty  days  prior  to  the  expiration  of  the  time  of  the 
redemption,  or  thirty  days  before  his  application  for  a  deed,  serve  upon  the  owner  or 
agent  of  the  property  purchased,  if  named  in  such  certificate  of  sale,  and  upon  the 
party  occupying  the  property  if  the  property  is  occupied,  a  written  notice,  stating  that 
said  property,  or  a  portion  thereof,  has  been  sold  to  satisfy  the  improvement  warrant 
lien,  and  stating  the  date  of  sale,  the  number,  the  amount  then  due,  and  the  time  when 
the  right  of  redemption  will  expire,  or  when  the  purchaser  will  apply  for  a  deed,  and 
the  owner  of  the  property  shall  have  the  right  of  redemption  indefinitely  until  such 
notice  shall  have  been  given  and  such  deed  applied  for,  upon  the  payment  of  the  fees, 
penalties  and  costs  in  this  act  required.  In  case  of  unoccupied  property,  a  similar 
notice  must  be  posted  in  a  conspicuous  place  upon  the  property  at  least  thirty  days 
before  the  purchaser  applies  for  a  deed,  and  no  deed  to  the  property  sold  in  accordance 
with  the  provisions  of  this  act  shall  be  issued  by  the  treasurer  of  the  district  to  the 
purchaser  of  such  property  until  such  purchaser  shall  have  filed  with  such  treasurer 
an  affidavit  showing  that  the  notice  hereinbefore  required  to  be  given  has  been  given 
as  herein  required,  which  said  affidavit  shall  be  filed  and  preserved  by  the  said  treasurer 
as  other  records  kept  by  him  in  his  office.  Such  purchaser  shall  be  entitled  to  receive 
the  sum  of  fifty  cents  for  his  services  of  such  notice  and  the  making  of  such  affidavit, 
which  sum  of  fifty  cents  shall  be  paid  by  the  redemptioner  at  the  time  and  in  the  same 
manner  as  the  other  sums,  costs  and  fees  are  paid. 


399  CONSERVATION.  Act  941,  gg  52-55 

Deed  conclusive  evidence  of  proceedings. 

§  52.  The  deed,  when  duly  acknowledged  or  proven,  shall  be  conclusive  evidence  of 
all  things  which  the  improvement  warrant  upon  which  it  is  based  is  conclusive  evidence 
and  prima  facie  evidence  of  the  regularity  of  all  proceedings  subsequent  to  the  issue 
of  the  warrant,  and  conveys  to  the  grantee  the  absolute  right  to  the  lands  described 
therein,  free  of  all  encumbrances  except  the  lien  for  state,  county  and  municipal  taxes 
and  assessments  levied  or  assessed  by  statutory  authority. 

Pajring  off  warrant. 

$  53.  Nothing  in  this  act  contained  shall  be  construed  to  deprive  any  person  or 
persons  whose  land  has  been  assessed,  as  evidenced  by  said  improvement  warrants,  of 
the  privilege  of  paying  off  and  having  said  warrant  canceled  by  the  payment  of  the 
principal  and  accrued  interest  of  said  warrant  at  any  time  when  payments  may  be 
made  during  the  life  of  said  warrant. 

Conservancy  maintenance  assessment. 

$  54.  To  maintain,  operate  and  preseiT^e  the  reservoirs,  ditches,  drains,  dams,  levees, 
settling  basins  or  settling  wells,  canals  or  other  improvements  made  pursuant  to  this 
act  and  to  strengthen,  repair  and  restore  the  same,  when  needed,  and  for  the  purpose 
of  defraying  the  current  expenses  of  the  district,  the  board  of  directors  may  recommend, 
and  the  board  of  supervisors  upon  such  recommendation  may  upon  the  substantial 
completion  of  said  improvements  and  on  or  before  the  first  day  of  September  in  each 
year  thereafter,  levy  an  assessment  upon  each  tract  or  parcel  of  land  and  upon  prop- 
erty within  the  district,  subject  to  assessments  under  this  act,  to  be  known  as  a  "con- 
servancy maintenance  assessment."  Said  maintenance  assessment  shall  be  apportioned 
upon  the  basis  of  the  total  appraisal  of  benefits  accruing  for  original  and  subsequent 
constniction,  and  shall  be  levied,  collected,  audited  and  deposited  in  each  county  in 
which  lands  of  said  district  are  situate,  in  the  same  manner  as  county  taxes  are  levied, 
collected,  audited  and  deposited;  provided,  however,  that  said  funds  shall  be  deposited 
to  the  credit  of  the  "conservancy  maintenance  assessment  fund,"  hereby  established. 

The  amount  of  the  maintenance  tax  paid  by  any  parcel  of  land  shall  not  be  credited 
against  the  benefits  assessed  against  such  parcel  of  land ;  but  the  maintenance  tax  shall 
be  in  addition  to  any  tax  that  has  been  or  can  be  levied  against  the  benefit  assessment. 

Readjustment  of  appraisal  of  benefits. 

§  55.  Whenever  the  owners  or  representatives  of  twenty-five  per  cent  or  more  of  the 
acreage  or  value  of  the  lands  in  the  district  shall  file  a  petition  with  the  clerk  of  the 
district,  stating  that  there  has  been  a  material  change  in  the  values  of  the  property 
in  the  district  since  the  last  previous  appraisal  of  benefits,  and  praying  for  readjust- 
ment of  the  appraisal  of  benefits  for  the  purpose  of  making  a  more  equitable  basis  for 
the  levy  of  the  maintenance  assessment,  the  said  clerk  shall  give  notice  of  the  filing 
and  hearing  of  said  petition  in  the  manner  hereinbefore  provided. 

Upon  hearing  of  said  petition  if  said  board  of  directors  shall  find  there  has  been 
a  material  change  in  the  value  of  property  in  said  district  since  the  last  previous 
appraisal  of  benefits,  the  board  of  directors  shall  order  that  there  be  a  readjustment 
of  the  appraisal  of  benefits  for  the  purpose  of  providing  a  basis  upon  which  to  levy  the 
maintenance  assessment  of  said  district.  Thereupon  the  board  of  directors  shall  direct 
the  appraisers  of  the  conservancy  district  to  make  such  readjustment  of  appraisal  in 
the  manner  provided  in  this  act,  and  said  appraisers  shall  make  their  report ;  and  the 
same  proceedings  shall  be  had  thereon,  as  nearly  as  may  be,  as  are  herein  provided  for 
the  appraisal  of  benefits  accruing  for  original  construction;  provided,  that  in  making 
the  readjustment  of  the  appraisal  of  benefits  said  appraisals  shall  not  be  limited  to  the 
aggregate  amount  of  the  original  or  any  previous  appraisal  of  benefits,  and  that  after 


Act  941,  §§  5C-57  GENERAL  LAAVS.  400 

the  making  of  such  readjustment  the  limitation  of  the  annual  maintenance  assessment  Jt' 

to  one  per  cent  of  the  total  appraised  benefits  shall  apply  to  the  amount  of  the  benefits  ;, 

as  readjusted;  and  provided,  further,  that  there  shall  be  no  such  readjustment  of  •' 
benefits  oftener  than  once  in  six  years. 

Invalid  assessments. 

§  56.  If  any  assessment  made  pursuant  to  the  provisions  of  this  act  shall  prove 
invalid,  the  board  of  directors  shall  by  subsequent  or  amended  acts  or  proceedings 
promptly  and  without  delay  remedy  all  defects  or  irregularities  as  the  case  may  require 
by  making  and  providing  for  the  collection  of  new  taxes  or  assessments  or  otherwise. 

Collection  of  tax  levied  against  county  or  city. 

^  57.  Whenever,  under  the  provisions  of  this  act,  an  assessment  is  made  or  a  tax 
levied  against  a  county  or  cit}',  it  shall  be  the  duty  of  the  governing  or  taxing  body 
of  such  political  subdivision,  upon  receipt  of  the  order  of  the  board  of  directors  which 
established  the  district,  confirming  the  appraisal  of  benefits  and  the  assessment  based 
thereon,  to  receive  and  file  the  said  order,  and  to  immediately  take  all  the  legal  and 
necessary  steps  to  collect  the  same.  It  shall  be  the  duty  of  the  said  governing  or  taxing 
body  or  persons  to  levy  and  assess  a  tax,  by  a  uniform  rate  upon  all  the  taxable  property 
within  the  political  subdivision,  to  make  out  the  proper  duplicate,  certify  the  same  to 
the  auditor  of  the  county  in  which  such  subdivision  is,  whose  duty  it  shall  be  to  receive 
the  same,  certify  the  same  for  collection  to  the  tax  collector  of  the  county,  whose  duty 
it  shall  be  to  collect  the  same  for  the  benefit  of  the  conservancy  district,  all  of  said 
officers  above  named  being  authorized  and  directed  to  take  all  the  necessary  steps  for 
the  levying,  collecting  and  distribution  of  such  tax. 

Nothing  in  this  section  shall  prevent  the  assessment  of  the  real  estate  of  other  corpo- 
rations or  persons  situated  within  such  political  subdivision,  which  may  be  subject  to 
assessment  for  special  benefits  to  be  received. 

Designation  of  district. 

Every  conservancy  district  formed  or  established  under  the  provisions  of  this  act, 

must  be  designated  by  the  name  and  under  the  style  of ,  conservancy 

district  (using  the  name  of  the  district),  of ,  county,  (using  the  name 

of  the  county  in  which  such  district  is  situated),  and  in  that  name  the  board  of  super- 
visors ma}'^  make  and  award  contracts,  and  may  sue  and  be  sued. 

Dissolution  of  district. 

The  district  may  at  any  time  be  dissolved  upon  the  vote  of  two-thirds  of  the  qualified 
electors  thereof  voting  at  an  election  called  by  the  board  of  supervisors,  ui)on  the 
question  of  dissolution.  Upon  a  petition  signed  by  fifty  or  more  property  owners  and 
residents  of  such  conservancy  district,  or  by  thirty-three  per  cent  of  the  property 
owners  and  residents,  asking  for  the  dissolution  of  said  district,  the  board  of  super- 
visors shall  within  thirty  days  after  receiving  said  petition,  by  resolution,  order  that  an 
election  be  held  in  the  said  district,  for  the  determination  of  the  question.  Such 
election  shall  be  called  and  conducted  in  the  same  manner  as  other  elections  of  the 
district.  Upon  such  dissolution,  anj'^  propertj''  which  may  have  been  acquired  by  such 
conservancy  district  shall  vest  in  the  board  of  supervisors  of  the  county  wherein  such 
conservancy  district  is  situated;  provided,  however,  that  if  at  the  time  of  the  election 
to  dissolve  such  district  there  be  any  outstanding  indebtedness  of  such  district,  then, 
in  such  event,  the  vote  to  dissolve  such  district  shall  dissolve  the  same  for  all  purposes 
excepting  only  the  levy  and  collection  of  taxes  for  the  payment  of  such  outstanding 
indebtedness;  and  from  the  time  such  district  is  thus  dissolved,  until  such  indebtedness 
is  fully  paid,  satisfied  and  discharged,  the  board  of  supervisors  is  hereby  constituted 


401  CONSERVATION.  Act  941,  g§  58-6. 

ex  officio  the  governing  board  of  such  district.  And  it  is  hereby  made  obligatory  upon 
such  board  to  levy  such  taxes  and  perform  such  other  acts  as  may  be  necessary  in  order 
to  raise  money  for  the  payment  of  such  indebtedness,  as  herein  provided. 

Liens  not  affected  by  dissolution.    Duty  of  officers  in  event  of  dissolution. 

In  the  event  of  any  dissolution  or  disincorporation  of  anj;-  conservancy  district  organ- 
ized pursuant  to  the  provisions  of  this  act,  such  dissolution  or  disincorporation  shall 
not  affect  the  lien  of  any  assessment  for  benefits  imposed  pursuant  to  the  provisions 
of  this  act,  or  the  liability  of  any  land  or  lands  in  such  district  to  the  levy  of  any 
future  assessments  for  the  purpose  of  paying  the  principal  and  interest  of  any  bonds 
issued  hereunder,  and  in  that  event,  or  in  the  event  of  any  failure  on  the  part  of  the 
officers  of  any  district  to  qualify  and  act,  or  in  the  event  of  any  resignations  or  vacan- 
cies in  office,  which  shall  prevent  action  by  the  said  district  or  by  its  proper  officei^, 
it  shall  be  the  duty  of  the  county  tax  collector  and  of  all  other  officers  charged  in  any 
manner  with  the  duty  of  assessing,  levying  and  collecting  taxes  for  public  purpose  in 
any  county,  in  which  said  lands  shall  be  situated,  to  do  and  perform  all  acts  which  may 
be  necessary  and  requisite  to  the  collection  of  any  such  assessment  which  may  have 
been  imposed  and  to  the  levying,  imposing  and  collecting  of  any  assessment  which  it 
may  be  necessary  to  make  for  the  purpose  of  paying  the  principal  and  interest  of  the 
said  bonds.  Any  holder  of  any  bonds  issued  pursuant  to  the  provisions  of  this  act  or 
any  person  or  officers  being  a  party  in  interest,  may  either  at  law  or  in  equity  by  suit, 
action  or  mandamus,  enforce  and  compel  performance  of  the  duties  required  by  this  act 
of  any  of  the  officers  or  persons  mentioned  in  this  act. 

Failure  of  tax  collector  to  make  prompt  pajrment, 

§  58.  If  any  county  tax  collector  or  other  person  entrusted  with  the  collection  of 
these  assessments  refuses,  fails  or  neglects  to  make  prompt  payment  of  the  tax  or  any 
part  thereof  collected  under  this  act  to  the  treasurer  of  said  district  upon  his  presenta- 
tion of  a  proper  demand,  then  he  shall  pay  a  penalty  of  ten  per  cent  on  the  amount  of 
his  delinquency;  such  penalty  shall  at  once  become  due  and  payable  and  both  he  and 
his  securities  shall  be  liable  therefor  on  his  official  bond. 

Use  of  surplus  funds. 

^  59.  Any  surplus  funds  in  the  treasury  of  the  district  may  be  used,  upon  resolution 
of  the  board  of  directors  for  retiring  bonds,  reducing  the  rate  of  assessment  to  purchase 
lands  sold  for  taxes  or  assessments  as  hereinbefore  provided,  or  for  accomplishing  any 
other  of  the  legitimate  objects  of  the  district. 

Report  to  board  of  supervisors. 

At  least  once  a  year,  or  oftener  if  the  board  of  supervisors  shall  so  order,  the  board 
of  directors  shall  make  a  report  to  the  board  of  supervisors  of  its  proceedings  and  an 
accounting  of  receipts  and  disbursements  to  that  date  which  shall  be  filed  with  the 
clerk  of  the  board  of  supervisors.  Thereupon  the  board  of  supervisors  shall  order  the 
auditing  of  said  accounts  by  public  accountants  of  recognized  standing  who  shaQ  file 
thoir  report  thereon  with  the  clerk  of  the  board  of  supervisors. 

Per  diem  and  expenses  of  directors  and  appraisers. 

$  60.  Each  member  of  the  board  of  directors  shall  receive  not  to  exceed  ten  dollars 
a  day  and  his  necessarj'  traveling  expenses,  when  away  from  home,  for  the  time 
actually  employed  in  performing  his  duties.  Each  appraiser  shall  receive  not  to  exceed 
ten  dollars  a  day  and  his  expenses  for  the  time  actually  employed  in  his  duties. 

Land  in  more  than  one  district. 

^  61.  The  same  land,  if  conducive  to  public  health,  safety,  convenience  or  welfare, 
may  be  included  in  more  than  one  district  and  be  subject  to  the  provisions  of  this  act 

Gen.  Laws — 26 


Act  941,  §§  62, 63  GENERAL.  LAWS.  403 

for  each  and  every  district  in  which  it  may  be  included ;  provided,  that  no  district  shall 
be  organized  under  this  act  in  whole  or  in  part  within  the  territory  of  a  district  already 
organized  under  this  act  until  the  board  or  joint  boards  of  supervisors  determine 
whether  the  public  health,  safety,  convenience  or  welfare  demand  the  organization  of 
an  additional  district,  or  whether  it  demand  that  the  territory  proposed  to  be  organized 
into  an  additional  district  shall  be  added  to  the  existing  district;  and  in  case  the  pro- 
ceedings concerning  two  or  more  such  districts  are  before  the  board  of  supervisors  of 
two  or  more  counties,  such  determination  shall  be  as  provided  in  the  next  section. 

Conference  of  supervisors  to  determine  jurisdiction  of  districts. 

§  62.  In  case  any  district  or  districts  are  being  organized  within,  or  partly  within 
and  partly  without,  the  same  territory  in  which  some  other  district  or  districts  have 
been  or  are  being  organized,  the  board  of  supervisors  of  every  such  county  in  which 
such  districts  have  been  or  are  being  organized  shall  confer  at  the  earliest  convenient 
moment  after  they  ascertain  the  possibility  of  a  conflict  in  jurisdiction,  the  sitting  to 
be  had  in  the  county  having  the  largest  assessed  valuation  in  the  proposed  district  or 
districts,  anything  to  the  contrary  herein  stated  notwithstanding. 

At  such  conference,  the  several  supervisors  shall  determine  to  what  extent  the  several 
districts  should  be  consolidated,  or  to  what  extent  the  boundaries  should  be  adjusted  in 
order  to  most  fully  carry  out  the  pvirposes  of  this  act ;  and  they  shall  by  suitable  orders 
make  such  determination  effective.  At  such  conferences,  the  decision  of  the  majority 
of  the  supervisors  shall  be  necessary  for  the  determination  of  any  matter. 

The  provisions  of  this,  and  of  the  preceding  section  shall  not  operate  to  delay  or  to 
interrupt  any  proceeding  under  this  act  until  the  question  of  jurisdiction  has  been 
finally  determined  by  the  court  or  courts. 

Subdistricts. 

§  63.  Whenever  it  is  desired  to  construct  improvements  wholly  within  any  district 
organized  under  this  act,  which  improvements  will  affect  only  a  part  of  said  district, 
for  the  purpose  of  accomplishing  such  work,  subdistricts  may  be  organized  upon  petition 
of  the  OAvners  of  real  property,  within  the  district,  which  petition  shall  fulfill  the  same 
requirements  concerning  the  subdistricts  as  the  petition  outlined  in  this  act  is  required 
to  fulfill  concerning  the  organization  of  the  main  district,  and  shall  be  filed  with  the 
clerk  of  the  same  board  of  supervisors,  and  shall  be  accompanied  by  a  bond  as  pro- 
vided for  in  this  act  in  the  first  instance.  All  proceedings  relating  to  the  organization 
of  such  subdistricts  shall  conform  in  all  things  to  the  provisions  of  this  act  relating 
to  the  organization  of  districts,  including  also  the  provision  in  regard  to  holding  an 
election  excepting  as  to  an  election  of  directors.  Whenever  the  board  of  supervisors 
shall  by  its  order  duly  entered  of  record  declare  and  decree  such  subdistricts  to  be 
organized,  the  clerk  of  said  board  shall  thereupon  give  notice  of  such  order  to  the 
directors  of  the  district,  who  shall  thereupon  act  also  as  directors  of  the  subdistrict. 
Thereafter,  the  proceedings  in  reference  to  the  subdistrict  shall  in  all  matters  conform 
to  the  provisions  of  this  act,  with  the  same  ofiBcers,  directors  and  appraisers;  except 
that  in  appraisal  of  benefits  and  damages  for  the  purposes  of  such  subdistricts,  in  the 
issuance  of  bonds,  in  the  levying  of  assessments  or  taxes,  and  in  all  other  matters 
affecting  only  the  subdistrict,  the  provisions  of  this  act  shall  apply  to  this  subdistrict  as 
though  it  were  an  independent  district,  and  it  shall  not,  in  these  things,  be  amal- 
gamated with  the  main  district. 

Officers  of  main  district  to  serve. 

The  board  of  directors,  board  of  appraisers,  chief  engineer,  attorney,  secretary  and 

other  officers,  agents  and  employees  of  tho  district  shall,  so  far  as  it  may  be  necessary, 
serve  in  the  same  capacities  for  such  subdistrict,  and  contracts  and  agreements  between 


403  CONSERVATIOjr.  Act  941,  §§  64-6& 

the  main  district  and  the  subdistrict  may  be  made  in  the  same  manner  as  contracts  and 
agreements  between  two  districts.  The  distribution  of  administrative  expense  between 
the  main  district  and  subdistrict  shall  be  in  proportion  to  the  interests  involved  and  the 
amount  of  service  rendered,  such  division  to  be  made  by  the  board  of  directors  with  an 
appeal  to  the  board  of  supervisors  establishing  the  district.  This  section  shall  not  be 
held  to  prevent  the  organization  of  independent  districts  for  local  improvements  under 
other  laws  within  the  limits  of  a  district  organized  under  this  act. 

Protection  of  works. 

$  64.  The  board  of  directors  shall  have  the  right  to  police  the  works  of  the  district, 
and  in  times  of  great  emergency  may  compel  assistance  in  the  protection  of  such  works, 
and  shall,  also,  have  the  right  to  prevent  persons,  vehicles  or  live  stock  from  passing 
over  the  works  of  the  district  in  any  manner  which  would  result  in  damage  thereto. 

Penalty  for  injuring  bench  marks,  etc. 

§  65.  The  wilful  destruction,  injury  or  removal  of  any  bench  marks,  witness  marks, 
stakes  or  other  reference  marks,  placed  by  the  surveyors  or  engineers  of  the  district  or 
by  contractors  in  constructing  the  works  of  the  district,  shall  be  a  misdemeanor,  pun- 
ishable by  a  fine  not  exceeding  one  hundred  dollars. 

Liability  for  damages.  * 

$  66.  All  persons  and  corporations  shall  be  liable  for  damages  done  to  works  of  the 
district  by  themselves,  their  agents,  their  employees,  or  by  their  live  stock,  in  the  same 
manner,  and  punishable  in  the  same  manner  as  persons  and  cor|Dorations  are  liable  for 
damage  committed  to  property  or  works  belonging  to  private  persons. 

Districts  for  forestation  and  reforestation. 

§  67.  Districts  may  be  formed  under  the  provisions  of  this  act  for  forestation  and 
reforestation  of  the  lands  leased  or  owned  by  said  district  or  upon  federal  or  state 
lands  upon  receiving  proper  permits  therefor,  when  deemed  necessary  for  and  inci- 
dental to  the  conservation  or  control  of  flood  waters  against  damage  by  floods,  by  a 
substantial  compliance  with  the  terms  of  this  act.  But  no  such  district  in  its  constnie- 
tion  or  operation  shall  in  any  manner  interfere  with  works  for  the  prevention  of  floods, 
or  the  drainage  of  lands,  or  materially  diminish  their  protective  value.  And  the  board 
of  supervisors  organizing  such  district  for  the  conservation  of  water  by  forestation 
or  reforestation  solely,  shall  require  a  statement  in  the  petition  and  proof  of  the  effect 
that  the  organization  and  operation  of  the  same  will  not  materially  interfere  with  any 
works  or  plans  for  flood  prevention  or  the  drainage  or  protection  of  lands,  but  will 
assist  in  preventing  such  damage.  Nor  shall  any  improvement  under  this  act  deprive 
the  owners  of  lands  lying  upon  any  streams  of  water,  of  the  ordinary  flow  in  said 
stream  without  compensation  therefor. 

Subject  to  the  above,  the  board  of  directors  shall  have  the  same  powers  as  are  herein 
conferred  generally  by  its  provisions  so  far  as  applicable. 

If  notice  is  not  properly  given. 

§  68.  In  any  and  every  case  where  a  notice  is  provided  for  in  this  act,  if  the  board 
of  directors  finds  for  any  reason  that  due  notice  was  not  given,  the  board  of  directors 
shall  not  thereby  lose  jurisdiction,  and  the  proceeding  in  question  shall  not  thereby  be 
void;  but  the  board  of  directors  shall  in  that  case  order  due  notice  to  be  given,  and 
shall  continue  the  hearing  until  such  time  as  such  notice  shall  be  properly  given,  and 
thereupon  shall  proceed  as  though  notice  had  been  properly  given  in  the  first  instance. 

In  case  any  individual  appraisal  or  appraisals,  assessment  or  assessments,  or  levy  or 
le\nes,  shall  be  held  void  for  want  of  legal  notice,  or  in  case  the  board  may  determine 
that  any  notice  with  reference  to  any  land  or  lands  may  be  fault/,  then  a  petition  may 


Act  941,  §§  69-73  GENEIRAL  LAW  S.  404 

be  filed  with  the  board  of  directors  asking  that  the  board  of  directors  order  notice  to  the 
owner  of  such  land  or  lands  given  and  set  a  time  for  hearing  as  provided  in  this  act. 
And  in  case  the  original  notice  as  a  whole  was  sufficient,  and  was  faulty  only  with 
reference  to  publication  as  to  certain  tracts,  only  the  owners  of  and  persons  interested 
in  those  particular  tracts  need  be  notified  by  such  subsequent  notice.  And  if  the 
publication  of  any  notice  in  any  county  was  defective  or  not  made  in  time,  publication 
of  the  defective  notice  need  be  had  only  in  the  county  in  which  the  defect  occurred. 

Early  hearing  on  question  of  validity. 

^  69.  All  cases  in  which  there  arises  a  question  of  the  validity  of  the  organization  of 
conservancy  districts  shall  be  advanced  as  a  matter  of  immediate  public  interest  and 
concern,  and  heard  in  all  courts  at  the  earliest  practicable  moment. 

Construction  of  act. 

§  70.  This  act  being  necessary  for  securing  the  public  health,  safety,  convenience  or 
welfare,  and  being  necessary  for  the  prevention  of  great  loss  of  life  and  for  the  security 
of  public  and  private  property  from  floods  and  other  uncontrolled  waters,  it  shall  be 
liberally  construed  to  effect  the  control  and  conservation  and  drainage  of  the  waters 
of  this  state. 

C  onstitutionality. 

$  71.  In  case  any  section  or  sections  or  part  of  any  section  of  this  act  shall  be  found 
to  be  unconstitutional,  the  remainder  of  the  act  shall  not  thereby  be  invalidated,  but 
shall  remain  in  full  force  and  effect. 

Alternative  act. 

§  72.  All  existing  laws  of  the  state  and  parts  of  laws  relating  to  drainage,  flood  con- 
trol, protection  from  storm  waters,  irrigation  and  subjects  of  which  this  act  treats,  shall 
not  be  in  any  other  way  affected  by  this  act,  but  this  act  shall  be  treated  and  shall  be 
in  effect  an  alternative  act  thereto. 

Jurisdiction  of  supervisors  over  proceeding. 
§  73.     For  the  sake  of  convenience : 

(a)  In  any  orders  of  the  board  of  supervisors,  the  words,  **the  board  of  supervisors 
now  here  finds  that  it  hath  jurisdiction  of  the  parties  to  and  of  the  subject  matter  of 
this  proceeding, ' '  shall  be  equivalent  to  a  finding  that  each  jurisdictional  act  necessary 
to  confer  plenary  jurisdiction  upon  the  board  of  supervisors  beginning  with  the  proper 
signing  and  filing  of  the  initial  petition  to  the  date  of  the  order  to  meet  every  legal 
requirement  imposed  by  this  act,  has  been  conferred. 

Bonding  resolution, 

(b)  No  other  or  further  evidence  of  the  legal  disposition  of  the  special  assessment 
to  the  payment  of  the  bonds  shall  be  required  than  the  passage  of  a  bonding  resolution 
by  the  board  of  directors  recommending  to  the  board  of  supervisors  the  issuance  of 
bonds  in  accordance  therewith. 

Abbreviations. 

(c)  In  the  preparation  of  any  assessment  or  appraisal  roll  the  usual  abbreviations 
employed  by  engineers,  surveyors  and  abstractors  may  be  used. 

Land  described  by  reference  to  record. 

(d)  Where  properly  to  describe  any  parcel  of  land,  it  would  be  necessary  to  use  a 
long  description,  the  appraisers  after  locating  the  land  generally,  may  refer  to  the  book 
and  page  of  the  public  record  of  any  instrument  to  which  the  land  is  described,  which 


105  COXSERVATIOX.  Act  041,  §  74 

reference  shall  suffice  to  identify  for  all  the  purposes  of  that  act  the  land  described  in 
the  public  record  so  refeiTed  to. 

Unnecessary  to  specify  names  in  notice. 

(e)  It  shall  not  be  necessary  in  any  notice  required  by  this  act  to  be  published  to 
specify  the  names  of  the  owners  of  the  lands  or  of  the  persons  interested  therein;  but 
any  such  notice  may  be  addressed,  **to  all  persons  interested"  with  like  elfect  as 
though  such  notice  named  by  name  every  owner,  of  any  lands  within  the  territory 
specified  in  the  notice  and  every  person  interested  therein,  and  every  lienor,  actual  or 
inchoate. 

District  a  political  subdivision. 

(f)  Every  district  declared  to  be  a  conservancy  district  in  accordance  with  this  act 
shall  thereupon  become  a  political  subdivision  and  a  public  corporation  of  the  state 
of  California,  invested  with  all  the  powers  and  privileges  conferred  upon  such  districts 
by  this  act. 

Powers  of  state  commissions  not  limited. 

Nothing  in  this  act  stated  shall  be  construed  to  limit  or  abridge  the  rights  and  powers 
now  vested  in  the  railroad  commission  of  the  state  of  California,  the  water  commission 
of  the  state  of  California,  the  reclamation  board,  any  other  commission,  officer  or 
agency  created  by  law,  and  all  things  herein  enumerated  to  be  done  shall  be  performed 
subject  to  and  in  compliance  with  the  authority  now  vested  or  hereafter  to  be  vested 
by  law  in  such  commission,  board,  officer  or  agency,  anything  appearing  herein  not- 
withstanding. 

Form  of  procedure. 

§  74.  The  following  forms  may  suffice  to  illustrate  the  character  of  the  procedure 
contemplated  by  this  act;  and  if  substantially  complied  with,  those  things  being 
changed  which  (to  meet  the  requirements  of  the  particular  case)  should  be  changed, 
such  procedure  shall  be  held  to  meet  the  requirements  of  this  act. 

Notice  of  hearing  on  the  petition. 

1.    Form  of  Notice  of  Hearing  on  the  Petition. 
To  all  persons  interested: 

Public  notice  is  hereby  given: 

1.  That  on  the day  of ,  19. . . .,  pursuant  to  the  provisions  of 

the  conser\-aney  act  of  California,  there  was  filed  in  the  office  of  the  clerk  of  the  board 

of  supervisors  of county,  California,  the  petition  of 

and  others  for  the  establishment  of  a  conservancy  district  to  be  known  as 

conservancy  district.     (Here  insert  the  purposes.) 

2.  That  the  lands  sought  to  be  included  in  said  district  comprise  lands  in 

and counties,  California,  described  substantially  as  follows:     Beginning 

on  the  north  line  of county  at  its  point  of  intersection  with  the  west 

bank  of  the  river;  thence  west  along  the  north  line  of 

county  to  the  high  bluffs  facing  said river  on  the  west;  thence  follow- 
ing the  base  of  the  line  of  said  bluffs  to  the  north  line  of  the  right  of  way  of  the 

railroad;  thence  west  along  the  north  right  of  way  line  of  said  railroad 

to  the  center  line  of avenue  in  the  city  of ;  thence 

south  along  the  center  line  of   avenue  to  the   road ; 

thence  southeasterly  along  the   road  to  the  southeasterly  line  of  the 

right  of  way  of  the railroad ;  thence  southeasterly  along  said  right  of 

way  line  to  the  corporate  limits  of  the  city  of   ;  thence  with  said 

corporation  line  southerlj-,  easterlj^  and  northerly  to  the  southerly  right  of  way  line  of 


Act  041,  §74  GKM^RAL.  LAWS.  400 

the  main  tract  of  the railroad ;  thence  easterh'  along  said  last  named 

right  of  wa\'  line  to  the  boundary  line  between  counties;  thence 

north  along  said  county  line  to  the  southerly  line  of county;  thence 

oasterl}'  along  the  dividing  line  between counties  to  the  easterly  line 

of  the  right  of  way  of  the   railroad;  thence  northerly  along  said 

right  of  way  line  to  its  intersection  with  the   road;  thence  westerly 

along  said  road  to  the  center  line  of  the  bridge  over wash;  thence  up 

said  wash  and  along  the  center  line  thereof  to  the  north  line  of county ; 

thence  west  to  the  place  of  beginning. 

Or,  if  found  more  convenient,  the  lands  sought  to  be  included  in  the  district  may  be 
described  as  follows: 

All  of  township in  range between  the railroad  and  the 

river;  the  following  lands  in township  and range ;  section 

and  the   half  of  section   ;  also  all  lands  within  the  corporate 

limits  of  the  city  of ,  etc.,  etc.,  etc. 

3.     That  a  public  hearing  on  said  petition  will  be  had  in  the  chambers  of  said  board 

of  supervisors  on   the   day  of   ,  at  the  hour  of 

0  'clock  . .   m,,  by  the  board  of  supervisors  of county,  at  the 

in  the  city  of , county,  California. 

All  persons  and  public  corporations  owning  or  interested  in  real  estate  within  the 
territory  hereinbefore  described  will  be  given  the  opportunity  to  be  heard  at  the  time 
and  place  above  specified. 


II 


Countv  Clerk. 

By 

Clerk  of  the  board  of  supervisors, county,  California. 

Dated ,  California, ,  19 

Finding  on  hearing. 

2.  Form  of  Finding  on  Hearing. 
State  of  California,  1 

County  of j^^' 

In  chambers  of  the  board  of  supervisors  of county. 

In  matter  of conservancy  district ; 

Findings  and  Decree  on  Hearing. 

On  this day  of ,19 ,  this  cause  coming  on  for  hearing  upon 

the  petition  of and  others,  for  the  organization  of  a  conservancy 

district  under  the  conservancy  act  of  California,  the  board  of  supervisors,  after  a  full 
hearing  now  here  find : 

1.  That  it  hath  jurisdiction  of  the  parties  to,  and  the  subject  matter  of  this  pro- 
ceeding. 

2.  That  the  purposes  for  which  said  district  is  established  are : 
(Insert  the  purposes.) 

And  that  it  is  a  public  necessity. 

3.  That  the  public  safety,  health,  convenience  and  welfare  will  be  promoted  by  the 
organization  of  a  conservancy  district  substantially  as  prayed  in  said  petition  (if  addi- 
tional lands  are  added  by  petition),  except,  that  the  following  additional  lands  at  the 
petition  of  the  owners  thereof  should  be,  and  hereby  are  included  in  said  district : 

(Here  insert  additional  lands.) 

4.  That  the  boundaries  of  said  district  as  modified  by  the  last  finding  herein  are  as 
follows:     (Here  insert  corrected  boundaries  of  district.) 

5.  That  the  said  territory  last  above  described  should  be  erected  into  and  created 


407  CONSERVATION.  Act  041,  g  "4 

a  conservancy  district  under  the  eonservanc}-  act  of  California  under  the  corporate 
name  of conservancy  district. 

Wherefore,  it  is  by  the  board  ordered,  adjudged  and  decreed : 

That  the  territory  as  above  described  be,  and  the  same  hereby  is  erected  into  and 
created  a  conservancy  district  under  the  conservancy  act  of  California,  under  the  corpo- 
rate name  of conservancy  district,  in county, 

California.  And  the  following  persons  are  hereby  (found  to  be)  (elected)  directors  of 
said  conservancy  district: 

for  the  term  of  five  years, 

for  the  term  of  five  years, 

for  the  term  of  five  years, 

who  are  hereby  directed  to  qualify  and  proceed  according  to  law. 

6.   [3]  Form  of  Notice  to  Property  Owners  to  Pay  Assessment: 

conservancy  district. 

To  all  persons  interested: 

Public  notice  is  hereby  given: 

That  on  the day  of ,  19 . . . .,  assessments  upon  the  respec- 
tive parcels  of  property  in  the  district  aggregating  the  sum  of  $ were  levied 

in  accordance  with  this  act,  and  pursuant  thereto  improvement  waiTants  were  issued 
representing  such  respective  assessments;  that  said  entire  assessnient  may  be  paid  in 
fifty-two  semiannual  installments,  together  with  accrued  interest,  payable  on  the  first 
days  of  July  and  January  of  each  year,  or  the  entire  amount  due  and  unpaid  of  such 
assessment  as  evidenced  by  said  improvement  warrants  may  be  paid  at  any  time  on  or 
prior  to  the day  of ,19 


President. 

Secretary. 
Bond  and  conpon. 

4.    Form  of  Bond  and  of  Coupon, 
(Form  of  bond.) 

No $ 

United  States  of  America, 
State  of  California. 

Conservancy  district. 

Conservancy  bond. 

Know  all  men  by  these  presents  that conservancy  district,  a  legally 

organized  conservancy  district  of  the  state  of  California,  acknowledges  itself  to  owe 

and  for  value  received  hereby  promises  to  pay  to  bearer 

dollars   ($ )   on  the  first  day  of   ,  19....,  with  interest 

thereon  from  the  date  hereof  until  paid  at  the  rate  of per  cent  per  annum, 

payable   ,  19....,  and  semiannually  thereafter  on  the  first  day  of 

and  of   in  each  year  on  presentation  and 

suirender  of  the  annexed  interest  coupons  as  they  severalh'  become  due.  Both  princi- 
pal and  interest  of  this  bond  are  hereby  made  payable  in  lawful  money  of  the  United 
States  of  America,  at  the  county  treasurer's  office  of  the  main  county  of  said  district, 
state  of  California. 

This  bond  is  one  of  a  series  of  bonds  issued  bj' conservancy  district 

for  the  purjiose  of  paj'ing  the  cost  of  constructing  a  system  of  flood  prevention  (or  for 
other  works)  for  said  district  and  in  anticipation  of  the  collection  of  the  taxes  duly 
levied  upon  lands  within  said  district  and  benefited  by  said  improvement  in  strict  com- 
pliance with  the  conservancy  act  of  California,  and  pursuant  to  an  order  of  the  board  of 


Act  941,  §74  GEXKRAL   LAWS.  •  40S 

supervisors  upon  recommendation  of  the  board  of  directors  of  said  district  duly  made 
and  entered  of  record. 

And  it  is  hereby  certified  and  recited  that  all  acts,  conditions  and  things  required  to 
be  done  in  locating  and  establishing  said  district  and  in  equalizing  appraisals  of  benefits 
and  in  levying  taxos  and  assessments  against  lands  benefited  thereby,  and  in  authoriz- 
ing, executing  and  issuing  this  bond,  have  been  legally  had,  done  and  performed  in  duo 
foiTH  of  law. 

And  for  the  performance  of  all  the  covenants  and  stipulations  of  this  bond  and  of  the 
duties  imposed  by  law  upon  said  district  for  the  collection  of  the  taxes  and  the  applica- 
tion thereof  to  the  payment  of  this  bond  and  the  interest  thereon,  and  for  levying  of 
such  other  and  further  taxes  and  assessments  as  are  authorized  by  law  and  as  may 
be  required  for  the  prompt  payment  of  this  bond  and  the  interest  thereon,  the  full 

faith,  credit  and  resources  of  said conservancy  district  are 

hereby  irrevocably  pledged. 

In  testimon}'  whereof  the  board  of  supervisors  of  the conservancy 

district  has  caused  this  bond  to  be  signed  on  behalf  of  said  district  by  the  chairman  of 
the  board  of  supervisors  of  the  main  county,  and  by  the  auditor  of  said  main  county, 
and  sealed  with  the  corporate  seal  of  said  district,  and  the  coupons  hereto  annexed 
to  be  signed  by  the  Qngraved  or  lithographed  facsimile  of  such  auditor. 


Chairman. 
Auditor. 


1 


(Form  of  Coupon.) 


On  the  first  day  of ,  19. . . ., 

conservancy  district  promises  to  pay  to  bearer  dollars 

($ )  lawful  money  of  the  United  States  of  America,  at  the  oflSce  of  the 

treasurer  of  the  county  of  ......' ,  California,  being  semiannual  interest 

due  on  that  date  on  its  conservancy  bond  dated ^  19 

Auditor. 

Notice  of  enlargement  of  district. 

5.     Form  of  Notice  of  Enlargement  of  District. 
State  of  California,  "i 

County  of f^^ 

In  the  ofiSce  of  the  board  of  directors  of county,  California. 

In  the  matter  of conservancy  district. 

Notice  of  Enlargement  of  District. 
To  all  persons  (and  public  corporations,  if  any,)  interested: 
Public  notice  is  hereby  given: 

1.  That  heretofore,  on  the day  of ,  19. . . .,  the  board  of 

supervisors  of coimty,  California,  duly  entered  a  final  order  erecting 

and  creating conservancy  district  and  designating  a  board  of 

directors  therefor. 

2.  That  thereafter  this  board  dulj'  designated , and 

to  be  the  board  of  appraisers  for  said  district.     That  said  board  of 

appraisers  on  the  day  of  ,  19....,  filed  their  report  rec- 
ommending that  the  following  described  lands,  not  originally  included  in  the  district, 
be  added  thereto: 

(Here  describe  generally  the  lands  which  the  report  of  the  board  of  appraisers  rec- 
ommends should  be  added  to  the  district.) 


40a  CONSERA  ATION,  Act  911 

3.     That  on the day  of ,  19 .... ,  (or  as  soon 

thereafter  as  the  convenience  of  the  board  will  permit),  at  the  courthouse  in , 

of ,  California,  the  board  of  supervisors  of county, 

California,  will  hear  all  persons  and  public  corporations,  who  are  owners  of  or  inter- 
ested in  the  property  described  in  this  notice  upon  the  question  whether  said  lands 
should  be  added  to  and  included  in  said conservancy  district. 


>ss. 


Clerk  of  the  board  of  supervisors  of county,  California. 

Hearing  on  appraisals. 

6.     Form  of  Notice  of  Hearing  on  Appraisals. 
State  of  California, 

County  of 

In  office  of  the  board  of  directors,  county,  California, 

In  the  matter  of conservancy  district. 

Notice  of  Hearing  on  Appraisals. 
To  all  persons  and  public  corporations  interested: 
Public  notice  is  hereby  given : 

1.  That  heretofore  on  the day  of ,  19 ,  the  board  of 

supervisors  of countj',  California,  duly  entered  an  order  erecting 

and  creating conservancy  district  and  designating  a  board  of  direc- 
tors therefor. 

2.  That  thereafter  this  board  duly  appointed    the  board  of 

appraisers  for  said  district.     That   said   board   of  appraisers  on   the    day   of 

,  19. . . .,  filed  their  appraisal  of  benefits  and  damages  and  of  land 

to  be  taken  as  follows:     (Here  insert  general  description  of  land  appraised.) 

The  said  appraisal  of  benefits  and  damages  and  of  land  to  be  taken  is  now  on  file  in 
the  office  of  the  clerk  of  this  board. 

3.  All  public  and  private  corporations  and  all  persons  owners  of  or  interested  in 
the  property  described  in  said  report,  whether  as  benefited  property  or  as  property 
taken  and  damaged  (whether  said  taken  or  damaged  property  lies  within  or  without 
said  district),  desiring  to  contest  the  appraisals  as  made  and  returned  by  the  board  of 
appraisers  must  file  their  objections  with  the  board  of  directors  of  the  district  on  or 

before  the   day  of   ,  19....,   (here  insert  a  date  ten  days 

after  the  last  publication  of  the  notice)  and  a  hearing  on  said  appraisal  will  be  had  on 

the   day  of   ,  19 .... ,   (here  insert  a  date  not  less  than 

twenty  days  nor  more  than  thirty  days  after  the  date  of  last  publication  of  this  notice) 

as  fixed  by  the  board  of  directors  in  the  city  of ,  California,  at 

which  time  an  opportunity  will  be  afforded  all  objectors  to  be  heard  upon  their  several 
objections. 


County  clerk. 
By 

Clerk  of  the  board  of  supervisors  of county,  California. 

Dated  at  the  city  of ,  California,  this day  of 19 .  . . 

Couservation  dUitrictii. — See,  also,  "California  irrigration  act"  ot  191b,  pust,  Act  2266b. 


Act*  946, 947  GENERAL,  LAWS.  410 


CHAPTER  68.  v, , 

CONSPIRACY.      .  '^ 

References:     Conspiracy,  In  general,  see  Kerr's  Cyc.  Penal  Code,  §§  182,  et  se<l. 
Conspiracy,  evidence  of,  see  Kerr's  Cyc.  Penal  Code,  §  1104. 

CONTENTS  OF  CHAPTER. 

ACT  946.    Union  Labor  Injunctions. 

947.    Conspiracy  Against  the  Person  of  the  President  and  Other  Otficials. 

UNION  LABOR  INJUNCTIONS. 
ACT  946 — An  act  to  limit  the  meaning  of  the  word  "conspiracy,"  and  also  the  use  of 

"restraining  orders"  and  "injunctions,"  as  applied  to  disputes  between  employerc 

and  employees  in  the  state  of  California. 

History:     Approved   March   20,   1903,   Stats.   1903,   p.  289. 
Combinations  in  trade  disputes  not  criminal  when. 

^  1.  No  agreement,  combination,  or  contract  by  or  between  two  or  more  persons  to 
do  or  procure  to  be  done,  or  not  to  do  or  procure  not  to  be  done,  any  act  in  contempla- 
tion or  furtherance  of  any  trade  dispute  between  employers  and  employees  in  the  state 
of  California  shall  be  deemed  criminal,  nor  shall  those  engaged  therein  be  indictable 
or  otherwise  punishable  for  the  crime  of  conspiracy,  if  such  act  committed  by  one 
person  would  not  be  punishable  as  a  crime,  nor  shall  such  agreement,  combination,  or 
contract  be  considered  as  in  restraint  of  trade  or  commerce,  nor  shall  any  restraining 
order  or  injunction  be  issued  with  relation  thereto.  Nothing  in  this  act  shall  exempt 
from  punishment,  otherwise  than  as  herein  excepted,  any  persons  guilty  of  conspiracy, 
for  which  punishment  is  noAv  provided  by  any  act  of  the  legislature,  but  such  act  of 
the  legislature  shall,  as  to  the  agreements,  combinations,  and  contracts  hereinbefore 
referred  to,  be  construed  as  if  this  act  were  therein  contained;  provided,  that  nothing 
in  this  act  shall  be  construed  to  authorize  force  or  violence,  or  threats  thereof. 

Act  takes  effect  when. 

$  2.     This  act  shall  take  effect  immediately. 

1.  Constitutionality Special  legislation—  be    void,    as    violative    of   the    constitutional 

Special    privileges    and    immunities — If    the  right  to  acquire,  possess,   enjoy  and  protect 

act  is  to  be  construed  so  as  to  prohibit  the  propertj'. — Goldberg,   etc.,  Co.  v.  Stablemen's 

court      from      granting      preventive      relief  Union,    149    Cal.    429,    117    Am.    St.    Rep.    145, 

against   irreparable   injury   done   by  a   labor  9   Ann.   Cas.   1219,   8  L.   R.  A.    (N.   S.)    460,    86 

union   in    the   course   of  a   trade   dispute,    it  Pac.    806;    Pierce   v.    Stablemen's   Union,    156 

would    be    void    as    special    legislation     (art.  Cal.   70,  103  Pac.  324. 

IV,    §  25,    subds.    3,    33,    constitution),    and   as  Boycott   In   labor   disputes. — See   Pierce   v. 

an   attempt   to   grant   special    privileges   and  Stablemen's  Union,  156  Cal.  70,  103  Pac.  324. 

immunities    to     one     class    of     citizens,     not  Child  labor. — See  tit.  "Infants." 

granted    to    all    citizens. — Pierce    v.    Stable-  Labor — See   tits.   "Labor   Bureau,"    "Hours 

men's  Union,  156  Cal.  70,  103  Cal.  324.  of  labor,"  "Master  and  servant." 

2.  Construction   of  act. — The  act   can   not  Right  of  united  labor  to  strils^. — See  J.  F. 
be  construed  to  prohibit  the  court  from  en-  Parkinson    Co.    v.    Building    Trades    Council, 
joining   the    main    wrongful    acts    committed  154   Cal.   581,   16  Ann.   Cas.   1165,   21   L.  R.   A. 
by  the   parties   in   a  trade   dispute;   but  if   it  (N.  S.)  550,  98  Pac.  1027. 
could  be  so  construed,  would,  to  that  extent, 

CRIME  AGAINST  THE  PRESIDENT  AND  OTHER  OFFICIALS. 
ACT  947 — An  act  making  a  conspiracy  to  commit  any  crime  against  the  person  of,  or 
an  attempt  to  kill  or  commit  any  assault  upon,  the  President  or  Vice-President  of 
the  United  States,  the  governor  of  any  state  or  territory,  any  United  States  justice 
or  judge,  or  the  secretary  of  any  executive  department  of  the  United  States,  a 
felony;  and  providing  a  penalty  therefor. 

History:     Approved  February  28,  1903,  Stats.  1903,  p.  58. 


411  CONSTITUTIOX.  Act  960,  §§  1, 2 

Conspiracy  to  commit  crime  against  President,  etc.,  penalty. 

$  1.  If  two  or  more  persons  conspire  to  commit  any  crime  against  the  person  of  the 
President  or  Vice-President  of  the  United  States,  the  governor  of  any  state  or  terri- 
tory, any  United  States  justice  or  judge,  or  the  secretary  of  any  of  the  executive 
departments  of  the  United  States,  they  are  guilty  of  felony,  and  upon  conviction 
thereof,  shall  be  punished  by  imprisonment  in  the  state  prison  not  less  than  ten  years. 

Attempt  to  kill  President.    Penalty. 

§  2.  Every  person  who  attempts  to  kill,  or  who  commits  any  assault  upon  the  Presi- 
dent or  Vice-President  of  the  United  States,  the  governor  of  any  state  or  territory, 
any  United  States  justice  or  judge,  or  the  secretary  of  any  of  the  executive  depart- 
ments of  the  United  States,  is  guilty  of  a  felony;  and  upon  conviction  thereof,  shall  be 
punished  by  imprisonment  in  the  state  prison  not  less  than  ten  years. 

Act  takes  effect,  when. 

§  3.    This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

CHAPTER  69. 

CONSTITUTION. 

References:     See  tit.  "Elections." 

See,  also,  Kerr's  Cyc.  Political  Code,  tit.  "Elections." 

CONTENTS  OF  CHAPTER. 

ACT  960.    Dissemination   of  Knowledge  Concerning  Proposed  Constitution ai,  Amend- 
ments. 

CONSTITUTIONAL  AMENDMENTS. 
ACT  960 — An  act  to  provide  for  the  dissemination  of  knowledge  regarding  the  various 
propositions   and   constitutional   amendments   which   are   to   be    submitted   to   the 
people  of  the  state  of  California  and  for  the  distribution  of  copies  of  said  proposi- 
tions and  amendments  to  various  institutions  of  learning  throughout  the  state. 
History:     Approved   April   27,    1911,   Stats.   1911,   p.   1162. 

Copies  of  constitutional  amendments  to  be  furnished  schools. 

§  1.  For  the  purpose  of  encouraging  the  study  and  investigation  of  the  various 
propositions  and  constitutional  amendments  which  are  hereafter  submitted  to  the 
people  and  to  stimulate  interest  therein,  and  study  thereof  by  addresses,  debates  and 
general  discussions  throughout  the  various  institutions  of  learning  of  the  state  of 
California,  the  secretary  of  state  shall,  within  six  months  after  the  adjournment  of 
each  session  of  the  legislature,  have  printed  in  the  manner  prescribed  by  section  1195 
of  the  Political  Code  a  suflScient  number  of  all  propositions  and  constitutional  amend- 
ments which  are  to  be  submitted  to  a  vote  of  the  people  at  any  election  thereafter,  to 
supply  each  institution  of  higher  learning  with  twenty-five  copies,  and  each  high  school 
and  grammar  school  with  ten  copies  thereof  and  deliver  the  same  to  the  superintendent 
of  public  instruction. 

Superintendent  of  public  instruction  to  make  statement  to  heads  of  schools. 

§  2.  The  superintendent  of  public  instruction  shall  immediately  prepare  such  instruc- 
tions to  the  heads  of  said  institutions  and  schools,  as  he  may  deem  sufficient  to  prop- 
erly accomplish  the  object  expressed  in  section  1  of  this  act,  and  shall  forward  said 
propositions  and  constitutional  amendments  to  the  heads  of  said  institutions  and 
schools  together  with  such  instructions. 

Constitutional    amendmentn. — As    to    man-       — See   Kerr's  Cyc.  Political  Code,   §§  1195,   ec 

Aer  of  printitig,  adveitisiiig,  and  subinitting-.       seq. 


A.cta  U({7-995  GENERAL  LAW'S.  412 

CHAPTER  70. 
CONTRA  COSTA  COUNTY. 

CONTENTS  OF  CHAPTER. 

ACT  967.     Lawful  Fence  Law. 

977.     To  Quiet  Title  to  Certain  Salt  Marsh  and  Tide  Lands.. 
981.     Additional  Judge  of  Superior  Court. 

LAWFUL  FENCES. 
ACT  967 — An  act  concerning  lawful  fences  in  the  county  of  Contra  Costa. 

History:  Became  a  law  by  operation  of  the  constitution.  March  5, 
1858,  Stats.  1858,  p.  40.  Supplemented  May  3,  1861,  Stats.  1861,  p.  277. 
Continued  in  force  by  the  code.  See  Kerr's  Cyc.  Political  Code,  §  19, 
Bubdv.  23. 

Pence  laws  In  generaL — See  tit.  "Fences." 

QUIET  TITLE  TO  SALT  MARSH  AND  TIDE  LANDS. 
ACT  977 — An  act  to  quiet  the  title  to  certain  salt  marsh  and  tide  lands  in  Contra 
Costa  county. 

History:     Approved  March  25,'  1874,  Stats.  1873-74,  p.  616. 

Tbla  act  confirmed  title  to  salt  marsh  and  in  good  faith,  the  consideration  had  been 
tide  lands,  sold  by  the  tide  land  commis-  paid  in  full,  and  patents  issued. — See,  post, 
sioners,  where  the  purchase  had  been  made       Act  5082,  notes. 

ADDITIONAL  SUPERIOR  JUDGE.  ft 

ACT  981 — An  act  to  provide  one  additional  judge  of  the  superior  court  of  the  county  of 

Contra  Costa. 

History:  Approved  June  4,  1913.  In  effect  August  10,  1913.  Stats. 
1913,  p.  449. 

This   act   Increased   tbe   number   of   Judges   from  one  to  two. 

CONTROLLER. 
See  Kerr's  Cyc.  Political  Code,  $$433,  et  seq. 


CHAPTER  7L 

CONVICTS. 

References:     See  tits.  "Pardon  Board";  "Parol  of  Prisoners";  "Prisons." 
See,  also,  Kerr's  Cyc.  Penal  Code.  tits.  "Convicts";  "Prisoners." 
Asexualization  of  Convicts,  see  Act.  346. 
Attorney,  removal  or  suspension  for  conviction  of  felony,  see  Kerr's  Cyc.  Code  Civil 

Procedure,  §§  287,  289. 
Witness,  persons  convicted  of  crime  incapable,  see  Kerr's  Cyc.  Code  Civil  Procedure, 

§  1879. 

CONTENTS  OF  CHAPTER. 

ACT  OO.*).     Photographs  and  Marks  op  Identification  or  to  Be  Fuenished. 

996.  Expenses  and  Costs  op  Trial  op  Convicts. 

997.  Indemnity  to  Persons  Erroneously  Convicted. 

PHOTOGRAPHS  AND  MARKS  OF  IDENTIFICATION. 
ACT  995 — An  act  requiring  the  wardens  of  the  state  prisons  of  California  to  furnish 
the  sheriffs  of  California  and  the  hureaus  of  identification  with  certain  informa- 
tion concerning  convicts  within  thirty  days  after  receiving  said  convicts,  and  pro- 
viding for  pajnnent  of  the  expenses  incurred  thereby. 

History:     Approved  March   20.   1905,  Stats.  1905,  p.  532.     Amended 
March  18,  1909,  Stats.  1909,  p.  398. 


413  CONVICTS.  Acts  996,  997, 9  1 

Description  of  prisoners  to  be  furnished  to  whom. 

§  1.  The  wardens  of  the  state  prisons  of  the  state  of  California  shall  within  thirty 
days  after  receiving  persons  convicted  of  crime  and  sentenced  to  serve  terms  in  the 
respective  prisons,  send  to  the  sheriffs  of  the  state  of  California,  to  the  legalized  bureau 
of  identification  and  to  the  chiefs  of  police  of  all  regularly  constituted  police  depart- 
ments, of  incorporated  cities  and  towns  within  said  state,  photographs  together  with 
minute  descriptions  including  marks  of  identification  of  all  such  persons  and  also  a 
statement  of  the  nature  of  the  crime  for  which  said  persons  are  imprisoned.  [Amend- 
ment of  March  18,  1909.    Stats,  1909,  pu  398.] 

Expenses  incurred,  how  paid. 

§  2,  Any  expenditures  incurred  in  carrying  out  the  provisions  of  this  act  shall  be 
paid  for  out  of  the  appropriation  made  for  the  support  of  state's  prisons. 

Repeal  of  former  act. 

§  3.  This  act  shall  be  in  effect  immediately  and  be  enforced  from  and  after  its  pas- 
sage and  repeals  an  act  approved  March  27,  1897,  on  pages  213,  214  of  Statutes  and 
Amendments  to  the  Codes  of  California  of  1897. 

EXPENSES  AND  COSTS  OF  TRIAL  OF  CONVICTS. 
ACT  996 — An  act  concerning  the  payment  of  the  expenses  and  costs  of  the  trial  of 
convicts  for  crimes  committed  in  the  state  prison,  and  to  pay  the  costs  of  the  trial 
of  escaped  convicts,  and  to  pay  for  the  expenses  of  coroner  inquests  in  said  prison. 
History:     Approved    April    12,    1880,    Stats.    1880,    p.    43. 

Costs  and  expenses  of  trials  of  convicts  for  crimes  committed  in  state  prison. 

§  1.  The  costs  and  expenses  of  all  trials  which  have  heretofore  been  had  in  the 
county  in  this  state  where  the  state  prison  is  situated,  for  any  crime  committed  by  any 
convict  in  the  state  prison,  and  the  costs  of  guarding  and  keeping  such  convict,  and 
the  execution  of  the  sentence  of  said  convict  by  said  county,  and  the  costs  and  expenses 
of  all  trials  heretofore  had  for  the  escape  of  any  convict  from  the  state  prison,  and  the 
costs  and  expenses  of  all  coroner  inquests  heretofore  had  of  any  convict  at  the  state 
prison  by  the  county  where  said  prison  has  been  situated,  shall  be  certified  to  by  the 
county  clerk  of  said  county  wherein  said  trials  and  inquests  have  been  held  to  the 
board  of  state  prison  directors  for  their  approval,  and  after  such  approval  they  shall 
pay  the  same  out  of  the  money  appropriated  for  the  support  of  the  state  prison  to  the 
county  treasurer  of  said  county  where  said  trials  have  been  had;  "provided,  that  this 
act  shall  not  apply  to  any  costs  or  expenses  incurred  since  January  first,  eighteen 
hundred  and  seventy-three." 

Act  applies  to  what  cases  only. 

§  2.     This  act  shall  apply  to  cases  which  have  not  been  settled  for  by  the  state. 

Act  takes  effect  when. 

§  3.     This  act  shall  take  effect  immediately. 

INDEMNITY  FOR  ERRONEOUS  CONVICTION. 

ACT  997 — An  act  to  provide  indemnity  to  persons  erroneously  convicted  of  felonies  in 

the  state  of  California. 

History:     Approved  May  24,  1913.    In  effect  August  10,  1913.    Stata. 
1913,  p.  245. 

Claim  of  persons  erroneously  convicted. 

§  1.  Any  person  who,  having  been  convicted  of  any  crime  against  the  state  of  Cahr 
fornia  amounting  to  a  felony,  and  having  been  imprisoned  therefor  in  a  state  prison 


Act997,  §§2-G  GENERAL   LAWS.  4l4 

of  this  state  shall  hereafter,  on  a  retrial  of  the  case,  or  on  reversal  on  appeal  of  the 
final  judgment  of  conviction,  be  acquitted  or  discharged  for  the  reason  that  the  crime 
with  which  he  was  charged  was  either  not  committed  at  all,  or,  if  committed,  was  not 
committed  by  him,  or  who  shall  hereafter  be  granted  a  pardon  by  the  governor  of  this 
state  for  either  of  the  foregoing  reasons,  or  who,  being  innocent  of  the  crime  with  ' 
which  he  was  charged  for  either  of  the  foregoing  reasons,  shall  have  served  the  term 
for  which  he  was  imprisoned,  may,  under  the  conditions  hereinafter  provided,  present  |'|) 
a  claim  against  the  state  to  the  state  board  of  control  for  the  pecuniary  injury  sus- 
tained by  him  through  such  erroneous  conviction  and  imprisonment. 


Presented  to  board  of  control. 

^  2.  Such  claim,  accompanied  by  a  statement  of  the  facts  constituting  the  claim, 
verified  in  the  manner  provided  for  the  verification  of  complaints  in  civil  actions,  must 
be  presented  by  the  claimant  to  the  board  of  control  within  a  period  of  six  months 
after  judgment  of  acquittal  or  discharge  given,  or  after  pardon  granted,  or  after 
release  from  imprisonment,  and  at  letist  four  months  prior  to  the  next  meeting  of  the 
legislature  of  this  state;  and  no  claim  not  so  presented  shall  be  considered  by  the 
board  of  control. 

Hearing  on  claim. 

§  3.  Upon  presentation  of  any  such  claim,  the  board  of  control  shall  fix  a  time  and 
place  for  the  hearing  of  the  claim,  and  shall  mail  notice  thereof  to  the  claimant  and  to 
the  attorney-general  of  this  state  at  least  fifteen  days  prior  to  the  time  fixed  for  such 
hearing. 

Proof  of  claimant. 

§  4.  On  such  hearing  the  claimant  shall  introduce  evidence  in  support  of  the  claim, 
and  the  attorney-general  may  introduce  evidence  in  opposition  thereto.  The  claimant 
must  prove  the  facts  set  forth  in  the  statement  constituting  the  claim,  including  the 
fact  that  the  crime  with  which  he  was  charged  was  either  not  committed  at  all,  or,  if 
committed,  was  not  committed  by  him,  the  fact  that  he  did  not,  by  any  act  or  omission 
on  his  part,  either  intentionally  or  negligently,  contribute  to  the  bringing  about  of  his 
arrest  or  conviction  for  the  crime  with  which  he  was  charged,  and  the  pecuniary 
injury  sustained  by  him  through  his  erroneous  conviction  and  imprisonment. 

Board  to  report  approved  claim  to  legislature. 

§  5.  If  the  board  of  control  shall  be  satisfied  from  the  evidence  that  the  crime  with 
which  the  claimant  was  charged  was  either  not  committed  at  all,  or,  if  committed,  was 
not  committed  by  the  claimant,  and  that  the  claimant  did  not,  by  any  act  or  omission 
either  intentionally  or  negligently^,  contribute  to  the  bringing  about  of  his  arrest  or 
conviction,  and  that  the  claimant  has  sustained  pecuniary  injury  through  his  erroneous 
conviction  and  imprisonment,  it  shall,  with  the  sanction  of  the  governor  of  this  state, 
report  the  facts  of  the  case  and  its  conclusions  to  the  next  legislature  of  this  state, 
with  a  recommendation  that  an  appropriation  be  made  by  the  legislature  for  the 
purpose  of  indemnifying  the  claimant  for  such  pecuniary  injury;  but  the  amount  of 
the  appropriation,  so  recommended  shall  not  exceed  in  any  case,  the  sum  of  five 
thousand  dollars  ($5,000). 

Statement  to  controller. 

§  6.  The  board  of  control  shall  make  up  its  report  and  recommendation  and  shall 
o-ive  to  the  controller  of  this  state  a  statement  showing  its  recommendations  for 
appropriations  under  the  provisions  of  this  act,  as  provided  by  the  law  in  eases  of 
other  claimants  against  this  state  for  which  no  appropriations  have  been  made. 


I 


415  COROXER.  Act  lOOS,  §§  1,  U 

Rules. 

$  7.  The  board  of  control  is  hereby  authorized  to  make  all  needful  rules  and  regu- 
lations consistent  with  the  law  for  the  purpose  of  carrying  into  effect  the  provisions 
of  this  act. 

CO-OPERATIVE  ASSOCIATIONS. 
See  Kerr's  Cyc.  Civil  Code,  H  653a,  653b,  et  seq. 

CORCORAN. 

See  Act  3094,  note 

CORNING. 

See  Act  3094,  note. 

CORONA. 

See  Act  3094,  note. 

CORONADO. 

See  Act  3094,  note. 


CHAPTER  72. 

CORONER. 

References:    See  tit.  "Vital  Statistics." 

Also,  Kerr's  Cyc.  Political  Code,  tit.  "Coroner." 

Inquests  in  state  prisons,  see,  ante,  Act  996. 

Justice  of  the  peace  as  coroner,  see  Kerr's  Cyc.  Political  Code,  §  4147. 

Physician  and  surgeon,  as  witness  at  inquest,  see  Kerr's  Cyc.  Political  Code,  §  1512. 

CONTENTS  OF  CHAPTER. 

ACT  1008.     Assistant  Coroners  in  Cities  of  100,000  or  More  Inhabitants. 

1009.  Appointment  of  Autopsy  Physician  in  Counties  of  the  First  Class. 

1010.  Official  Eeporter  in  Cities  op  100,000  or  More  Inhabitants. 

ASSISTANT  CORONERS  IN  CITIES. 
ACT  1008 — An  act  to  provide  for  furnishing  assistants  to  the  coroner  of  each  city,  or 
city  and  county  having  one  hundred  thousand  or  more  inhabitants,  and  providing  the 
mode  in  which  such  assistants  shall  be  appointed  and  designated,  and  establishing  the 
compensation  and  prescribing  the  duties  of  such  assistants. 

History:     Approved  March  23,  1893,  Stats.  1893,  p.  190. 

Coroner  to  appoint  assistants. 

$  1.  It  shall  be  lawful  for  the  coroner  to  every  city,  or  city  and  county  of  this  state, 
having  one  hundred  thousand  or  more  inhabitants,  to  select  and  appoint  five  assistants. 
Such  assistants  shall  hold  their  respective  offices  at  the  pleasure  of  said  appointing 
power. 

Classification  and  designation  of  assistants.    Salaries;  duty  of  assistants. 

§  2.  Such  assistants  shall  be  classified  and  designated  as  follows :  First  deputy 
coroner,  second  deputy  coroner,  third  deputy  coroner,  fourth  deputy  coroner,  mes- 
senger. Said  deputies  shall  be  allowed  and  receive  salaries  as  follows:  The  salary  of 
the  first  deputy  shall  be  two  hundred  dollars  per  month;  the  salary  of  the  second  deputy 
shall  be  one  hundred  and  fifty  dollars  per  month;  the  salary  of  the  third  and  fourth 
deputies  shall  be  one  hundred  and  twenty-five  dollars  per  month  each;  the  salary  of  the 
messenger  shall  be  seventy-five  dollars  per  month.  It  shall  be  the  duty  of  said  deputies 
to  act  as  deputy  coroners  in  all  matters,  except  as  to  those  duties  which  are  forbidden 


Acts  1000,  1010.  g§  1-3  GENERAL   LAWS.  416 

to  be  delegated.  It  shall  be  the  duty  of  the  messenger  to  have  charge  of  the  dead- 
wagon,  keep  in  order  the  morgue,  and  perform  such  other  duties  as  are  required  by  the 
coroner  or  his  deputies. 

Salary,  how  paid. 

ij  3.  The  salaries  of  the  said  assistants  shall  be  audited  and  paid  monthly  out  of  the 
general  fund  of  the  said  city,  or  city  and  county. 

Act  takes  effect  when. 

[$  4.]     This  act  shall  take  effect  from  and  after  its  passage. 

Superseded     as     to      San     Francisco. — See  Coroners  and  deputies  in  cities  of  the  first 

article  IV,   chapter  VI,   §  2,  charter.  class. — See,   post,   Act  3094. 

AUTOPSY  PHYSICIAN  IN  COUNTIES  OF  FIRST  CLASS. 
ACT  1009 — An  act  providing  in  counties  of  the  first  class  for  the  appointment  by  the 
coroner  of  a  competent  physician  for  the  performance  of  autopsies  upon  the  bodies 
of  deceased  persons  when  inquests  are  held,  and  fixing  the  compensation  therefor. 
History:     Approved  March  14,  1895,  Stats.  1895,  p.  52. 

Coroner  to  appoint  physician  in  counties  of  first  class  to  hold  autopsies. 

$  1.  In  counties  of  the  first  class,  the  coroner  shall  appoint  a  competent  physician, 
whose  duties  it  shall  be  to  perform  autopsies  upon  the  bodies  of  all  deceased  persons 
when  inquests  are  held.  Such  physician  shall,  after  the  performance  of  such  autopsy, 
certify  in  writing  his  professional  opinion  as  to  the  cause  of  death,  which  certificate 
shall  be  filed  with  said  coroner. 

Compensation. 

^  2.  The  physician  so  appointed  shall  receive  as  compensation  for  his  said  services 
the  sum  of  twenty-four  hundred  dollars  per  annum,  which  shall  be  paid  out  of  the 
general  fund  of  the  county  in  monthly  installments  of  two  hundred  dollars,  at  the 
same  time  and  in  the  same  manner  as  county  ofiicers  are  paid. 

Act  takes  effect  when. 

§  3.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

OFFICIAL  REPORTER  IN  CITIES. 
ACT  1010 — An  act  to  provide  an  official  stenographic  reporter  to  the  coroner  of  each 
county,  or  city  and  county,  having  one  hundred  thousand  or  more  inhabitants,  and 
providing  the  mode  in  which  such  reporter  shall  be  appointed,   and  establishing 
the  compensation  and  prescribing  the  duties  of  such  reporter. 

History:     Approved  March  26,  1895,  Stats.  1895,  p.  168. 

Coroners  of  cities  and  counties  of  one  hundred  thousand  to  appoint  stenographer. 

5  1.  It  shall  be  lawful  for  the  coroner  of  every  county,  or  city  and  county,  of  this 
state,  having  one  hundred  thousand  or  more  inhabitants,  to  select  and  appoint  an 
official  stenographic  reporter,  such  reporter  to  hold  office  during  the  pleasure  of  the 
coroner  making  the  appointment. 

Salary. 

^  2.  The  said  official  reporter  shall  be  allowed  and  shall  receive  compensation  as 
follows:     One  hundred  and  fifty  dollars  per  month. 

Duties. 

$  3.  It  shall  be  the  duty  of  said  reporter  to  attend  all  inquests  held  by  the  coroner 
of  the  said  county,  or  city  and  county,  and  report  in  shorthand  all  testimony  of  wit- 
nesses, and  all  the  proceedings  of  said  inouests,  and  to  transcribe  the  same  into  legible 


417  CORPORATIONS.  Act  1010,  §§  4-7 

longhand  and  furnish  two  typewritten  copies  thereof,  and  shall  certify  the  same,  and 
file  one  of  the  copies  with  said  coroner  and  the  other  copy  with  the  clerk  of  the 
said  county,  or  city  and  county.  He  shall  also,  within  a  reasonable  time  after  such 
testimony  is  taken,  file  with  the  said  clerk  the  shorthand  notes  taken  by  him  at  each 
inquest. 

Oath. 

$  4.  The  said  official  reporter  shall,  before  entering  upon  the  duties  of  his  office, 
take  and  subscribe  the  constitutional  oath  of  office. 

Certified  report  prima  facie  correct. 

$  5,  Any  report  of  the  said  official  reporter  duly  appointed  and  sworn,  when  written 
out  in  longhand  writing  and  certified  by  him  as  being  a  correct  transcript  of  the  testi- 
mony and  proceedings  in  the  case,  shall  be  prima  facie  a  correct  statement  of  such 
testimony  and  proceedings. 

Salary,  how  paid. 

"J  6.  The  salary  of  said  reporter  shall  be  audited  and  paid  monthly  out  of  the  gen- 
eral fund  of  the  said  county,  or  city  and  county. 

Act  takes  effect  when. 

§  7.     This  act  shall  take  effect  from  and  after  its  passage. 

Superseded     a»     to     San     Francisco. — Sea     article  lY,   chapter  VI,   {  2,   charter. 


CHAPTER  73. 

CORPORATIONS. 

References:   Banking  Corporations,  see  tit.  "Banks  and  Banking." 
Benefit  Societies,  see  tit.  "Benefit  Societies." 
"Blue  Sl<y  Law,"  see  tit.  "Investment  Companies." 
"Cartwriglit  Anti-Trust  Law,"  see  Act  5264. 
Corporations  as  sureties,  see  tit.  "Bonds,"  and  Kerr's  Cyc.  Civil  Code,  and  Kerr'a 

Cyc.  Code  Civil  Procedure,  same  title. 
Corporations  in  general,  see  Kerr's  Cyc.  Civil  Code,  tit.  "Corporations." 
Corporation  taxes,  see  Kerr's  Cyc.  Political  Code,  §§  3664a,  et  seq. 
Foreign  Corporations,  see  Kerr's  Cyc.  Civil  Code,  tit.  "Foreign  Corporations." 
Insolvent  banks,  see  tit.  "Banks  and  Banking." 
Insolvent  corporations,  see  tit.  "Bankruptcy  and  Insolvency." 
Investment  corporations,  see  tit.  "Investment  Companies." 
Particular  corporations,  see  particular  title. 
Public  service  corporations,  see  tit.  "Public  Utilities." 

Editor's  Note:  The  legislature  of  1850  passed  the  first  act  relating  to  corporations 
(April  22,  1850,  Stats.  1850,  p.  347).  From  that  date  to  March  23,  1872,  two  days  after 
the  adoption  of  the  Civil  Code,  but  more  than  nine  months  prior  to  its  taking  effect, 
something  like  forty  separate  acts  were  passed  and  approved,  covering  pi'actically 
every  phase  of  the  subject,  a  large  proportion  of  which  were  amendatory  and  so  called 
supplementary  acts.  The  bulk  of  this  mass  of  statutory  law  passed  into  the  Civil  Code 
on  its  adoption,  and  is  no  longer  in  force  in  its  original  form.  Section  288  of  the  Civil 
Code  expressly  continues  it  in  force  as  to  corporations  formed  thereunder  and  in 
existence  on  the  going  into  effect  of  the  code.  Section  287  authorized  existing  corpo- 
rations to  continue  existence  under  the  code,  and  it  is  assumed  that  many  took  advan- 
tage of  the  authority.  Some  did  not,  and  their  entire  corporate  existence  and  govern- 
ment, their  rights  and  liabilities,  all  rested  upon  the  statutes  now  under  consideration; 
but,  in  view  of  the  lapse  of  time,  few  or  none  of  these  corporations  remain,  or,  if  they 
are  still  in  existence,  they  exist  by  reorganization  and  reincorporation  under  code 
provisions,  and  are,  therefore,  practically  new  corporations. 

For  this  reason,  all  acts  relating  to  corporations,  enacted  prior  to  January  1,  1873, 
when  the  Civil  Code  went  into  effect,  are  treated  as  of  no  longer  any  force,  and  are 
omitted.  There  are  certain  exceptions  in  particular  instances,  but  where  these  occur, 
a  proper  note  is  made  of  the  reason  for  the  exception. 

Gen.  Laws — 27 


Act  1021,  §§  1,2  GE)NE}RAL,  LAWS.  418 

CONTENTS  OF  CHAPTER. 

ACT  1021.     Corporation  License  Tax  Act. 

1021a.  Return  of  Corporation  License  Tax  Erroneously  Collected. 
1022.     Corporations  to  Lend  Money  on  Chattels,  and  Limiting  the  Rate  of  Interest. 
1033a.  Issue  of  Shares  Without  Nominal  or  Par  Value. 

1033b.  Issue  of  Shares  of  Stock  Without  Nominal  or  Par  Value  by  Public  Utiuty 
Corporations. 

1034.  Corporations  as  Executors  and  Trustees. 

1035.  For  the  Protection  of  Stockholders,  Etc. 

1036.  Requiring  Corporations  to  Pay  Employees  Monthly. 

1037.  Payment  op  Wages  of  Mechanics  and  Laborers  of  Corporations. 

1041.  Foreign  Corporations  Act. 

1042.  "Industrial  Loan  Companies"  Aot. 

CORPORATION  LICENSE  TAX  ACT. 
*.CT  1021 — An  act  to  repeal  an  act  entitled  "An  act  relating  to  revenue  and  taxation, 
providing  for  a  license  tax  upon  corporations  and  making  an  appropriation  for  the 
purpose  of  carrying  out  the  objects  of  this  act,"  approved  March  20,  1905,  and  all 
acts  amendatory  thereof  or  supplemental  thereto,  and  to  provide  upon  what  con- 
ditions any  corporation  which  has  failed  to  pay  any  license  tax  imposed  hy  the 
provisions  of  any  of  the  acts  hereby  repealed  may  pay  the  same  and  be  restored 
to  its  former  corporate  status  and  rights,  and  also,  to  provide  for  settling  the 
affairs  of  any  corporation  which  by  reason  of  failure  to  pay  any  tax  imposed  by 
any  of  saia  acts,  has  forfeited  either  its  charter  or  right  to  do  business  in  this  state. 

History:  Approved  June  10,  1913.  In  effect  June  30,  1914.  Stats. 
1913,  p.  680.  Prior  act  repealed  by  present  act,  approved  March  20, 
1905,  Stats.  1905,  p.  493;  amended  June  13,  1906,  Stats.  1906  (ex.  sess.), 
p.  22;  March  19,  1907,  Stats.  1907,  p.  664;  March  20,  1907,  Stats.  1907, 
p.  745;  March  19,  1909,  Stats.  1909,  p.  458;  April  24,  1911,  Stats.  1911, 
p.  1094;   May  30,  1913.     In  effect  August  10,  1913.    Stats.  1913,  p.  513. 

Corporations'  license  tax  of  1905  repealed. 

§  1.  An  act  entitled  "An  act  relating  to  revenue  and  taxation  providing  for  a  license 
tax  upon  corporations  and  making  an  appropriation  for  the  purpose  of  carrying  out 
the  objects  of  this  act,"  approved  March  20,  1905,  and  also  all  acts  amendatory  thereof 
or  supplemental  thereto,  are  hereby  repealed;  provided,  however,  that  this  act  shall 
not  be  construed  to  affect  the  status  of  any  corporation  which  has  before  the  taking 
effect  of  this  act,  by  reason  of  failure  to  pay  any  tax  in  aecoi'dance  with  the  terms  of 
any  of  the  acts  hereby  repealed,  forfeited  either  its  charter  or  right  to  do  business  in 
this  state.  Nor  shall  this  act  be  construed  to  relieve  any  corporation  or  joerson  from 
any  penalty  or  penal  provision  of  any  of  the  acts  hereby  repealed  except  as  herein 
provided. 

Relief  from  forfeiture  on  account  of  failure  to  pay  tax. 

§  2,  Any  corporation  which  has  failed  to  pay  the  license  tax  required  by  the  pro- 
visions of  any  of  the  acts  hereby  repealed,  may  pay  to  the  secretary  of  state  all  taxes 
and  penalties  prescibed  by  either  of  said  acts  and  the  license  tax  and  penalties  that 
would  have  accrued  if  such  corporation  had  not  forfeited  its  charter  or  right  to  do 
business  in  this  state,  and  any  such  corporation  making  such  payments  shall  thereupon 
be  relieved  from  the  forfeiture  prescribed  in  any  of  the  acts  hereby  repealed  and 
restored  to  its  former  corporate  rights  and  status  and  the  secretary  of  state  shall 
annually  in  the  month  of  December  transmit  to  the  county  clerk  of  each  county  a 
list  of  the  corporations  so  paying,  which  list  shall  be  bj'^  said  county  clerk  filed  in  his 
office;  provided,  the  rehabilitation  of  any  such  corporation  by  reason  of  making  such 
paj'ments  shall  be  without  prejudice  to  any  action,  defense,  or  right  which  accrued  by 
reason  of  the  original  forfeiture. 


419 


CORPORATIONS. 


Act  1021,  §§  3,  4 


Powers  of  directors  continued.    Execution  may  issue  on  judgment. 

§  3.  The  powers  conferred  by  the  provisions  of  section  10a  of  the  act  hereby 
repealed  (as  amended  March  20,  1907)  upon  the  directors  or  managers  of  any  such  cor- 
poration in  office  at  the  time  of  any  such  forfeiture  are  hereby  continued  in  force  and 
said  trustees  or  managers  shall  notwithstanding  the  taking  effect  of  this  act  have  full 
power  as  trustees  to  settle  the  affairs  of  any  such  corporation  and  to  maintain  or 
defend  any  action  or  proceeding  then  pending  in  behalf  of  or  against  any  such  coi-pora- 
tioa  or  to  take  such  legal  proceedings  as  may  be  necessary  to  fully  settle  its  affairs 
and  such  directors  or  managers  as  such  trustees  may  be  sued  in  any  of  the  courts  of 
this  state  by  any  person  having  a  claim  against  any  such  corporation;  provided, 
always,  that  no  action  pending  against  any  such  corporation  shall  abate  thereby  but 
may  be  brought  to  final  judgment  and  may  be  enforced  by  execution  and  to  the  same 
force  and  effect  and  in  like  manner  as  though  no  forfeiture  has  occurred;  and  pro- 
vided, further,  that  where  judgment  has  been  entered  against  any  corporation  prior  to 
forfeiture  under  the  provisions  of  any  of  the  acts  hereby  repealed  notwithstanding 
such  forfeiture  execution  may  be  issued  on  any  such  judgment,  and  the  property  of 
such  corporation  or  which  may  come  into  the  hands  of  any  trustees  for  it,  may  be 
levied  upon,  seized  and  sold  to  satisfy  such  judgment  with  like  force  and  effect  as 
though  such  forfeiture  had  not  occurred. 

In  effect. 

§  4.    This  act  shall  take  effect  and  be  in  force  June  30,  1914,  at  12  o  'clock  m. 


2,3. 

4. 
5. 
6. 
7. 
MO. 
11. 

12. 


b 


I.  Constitutionality. 

II.  Construction. 

III.  Forfeit URE  of  Corporate  Franchise. 

IV.  Effect  of  Forfeiture. 
V.  Miscellaneous. 

I.  CONSTITUTIONALITY. 
1.     Failure   of   title  to   express   the   sub- 
ject. 

Exercise  of  judicial  functions  by  ex- 
ecutive  officer. 

Due  process   of  law. 

Uniformity  of  operation. 

Power  to  impose  privilege  tax. 

Double  taxation. 

Unconstitutionality  declared. 

Kule  of  Ei  parte  Young,  209  TJ.  S. 
123. 

6ame  —  Constitutionality  depending 
upon  complicated  and  technical  in- 
vestigation. 

Foreign  corporations. 

Domestic    corporations. 

II.  CONSTRUCTION. 

Nature  of  tax. 

Same — License  tax  on  privilege  of 
existing  and  doing  business. 

Liability  for  tax — The  sole  test. 

Act  of  1905  superseded. 

Same — Exemption  of  telephone  com- 
pany. 

Corporations  exempt  from  license  tax. 

FORFEITURE  OF  CORPORATE 

FRANCHISE. 
Failure    to    pay    tax    operates    ipso 

facto  as  forfeiture  of  charter. 
When   penalty  attaches. 
Same  —  Governor's    proclamation     of 
delinquency. 
31.     Same — Report   to   governor   by   secre- 
tary uf  blute. 


13 

•  16a, 

16b. 

17, 

,18. 

19- 

•21. 

22, 

23. 

24. 

25. 

25a. 

III. 

26 

-28. 

29. 

30. 

32.     Enforcement   of   forfeiture — Defense 
33, 34.     Evidence  of  forfeiture. 

IV.  EFFECT  OF  FORFEITURE. 
84a.  Loss  of  legal  entity. 
35.     Suit  and   judgment   against   corpora- 
tion   whose    charter    has   been    foi 

feited. 
Right    to    defend    action    after    foi 

feiture  of  charter. 
Abatement    of    action  —  Effect     ot 

amendment. 
"Doing  business"  after  forfeiture  or 

charter. 
Substitution  of  directors  as  trusteck. 
Title  to  property. 
Appeal     by     corporation     after     fo.f 

feiture  of  charter. 
Averment  of  incapacity. 
Right  to  substitute  trustees  as  pa>t'.e^ 

plaintiff. 
Sale    of    corporate    property — I>is«jie- 

tion  of  trustees. 
Application   by  trustees  of  coipomto 

funds  to  personal  claims. 
Pending  litigation  prosecuted  to  find 

judgment. 

V.  MISCELLANEOUS. 
Intervention  by  stockholder. 
46a.  Estoppel  against  stockholder. 
46b.  Same. 

Same — Answer  of  directors  does  not 

estop. 
Jurisdiction   of  bankruptcy  court  not 

afl'ccted  by  forfeiture. 
Foreign    corporation  —  Forfeiture    of 

right  to  do  business. 
Section   400,   Civil  Code,  as  amended 

by  act  of  1905,  p.  563. 
Personal     liability     of    secretary     of 
state. 


36. 

36a. 

37. 

38. 
39. 
40. 

41. 
42,  42a. 

43. 

44. 

45. 


46. 


47. 


48. 


49. 
50. 


51. 


Act  1021 


GENERAL   LAWS. 


420 


1.  Fallare   of  title   to  expresn   its  subject. 

The  act  ia  not  invalid  on  the  ground  of  the 
failure  of  its  title  to  express  the  subject  of 
the  act. — Kaiser,  etc..  Co.  v.  Curry,  155  Cal. 
638.  10.3  Pac.  341. 

2.  Exerolde  of  judicial  fuuctioiiH  by  ex- 
ecutive olHoer. — The  act  is  not  in  violation 
of  section  1,  article  III,  of  the  constitution, 
providing  that  no  person  charged  with  the 
exercise  of  powers  belonging  to  one  of  the 
three  departments  of  the  state  government, 
legislative,  judicial,  and  executive,  shall  ex- 
ercise any  of  the  functions  appertaining  to 
either  of  the  others,  except  in  the  consti- 
tution provided. — Kaiser,  etc.,  Co.  v.  Curry, 
155    Cal.    638,    103    Pac.    341. 

3.  The  act  does  not  impose  upon  the 
secretary  of  state  any  judicial  power. — 
Kaiser,  etc.,  Co.  v.  Curry,  155  Cal.  638,  108 
Pac.    341. 

4.  Due  process  of  law. — The  act  Is  not 
unconstitutional  as  in  violation  of  the  due 
process  provisions  of  the  federal  and  state 
constitution. — Kaiser,  etc.,  Co.  v.  Curry,  155 
Cal.   638,   103   Pac.   341. 

5.  Uniformity  of  operation. — The  act  is 
not  in  violation  of  section  11  of  article  I  of 
the  constitution,  requiring  all  legislative 
acts  to  operate  uniformly. — Kaiser,  etc.,  Co. 
V.  Curry,  155  Cal.   638,  103  Pac.  341. 

6.  Po^ver  to  impose  privilege  tax. — Under 
its  reserve  power  the  legislature  is  author- 
ized to  change  the  conditions  upon  which 
the  privilege  of  being  and  acting  as  a  cor- 
poration shall  continue  to  exist,  and  every 
corporation  accepts  its  charter  subject  to 
the  exercise  of  this  power. — Kaiser,  etc.,  Co. 
V.   Curry,   155   Cal.   638,   103  Pac.   341. 

7.  Double  taxation. — The  imposition  of 
the  state  corporation  license-tax  is  not 
double  taxation. — Lewis  v.  Curry,  156  Cal. 
9S.    103   Pac.   493. 

H.  Unconstitutionality  declared. — In  con- 
formity with  the  decisions  of  the  supreme 
court  of  the  United  States  in  Baltic,  etc., 
Co.  V.  Massachusetts  and  "White,  etc.,  Co. 
V.  Massachusetts,  it  is  held  that  the  prepay- 
ment by  a  foreign  corporation,  engaged  in 
both  interstate  and  intras-tate  business  In 
California,  of  the  license  tax  prescribed  by 
section  2  of  the  act  of  1905,  is  exacted  as 
a  privilege  or  occupation  tax  exclusively 
upon  the  right  to  do  domestic  business;  that 
it  is  an  excise  tax  and  not  a  property  tax; 
that  it  is  not  based  on,  but  measured  by, 
the  capital  stock  of  the  corporation;  and 
that  It  is  practicable  to  segregate  the  Inter- 
state and  intrastate  business  of  such  a  cor- 
poration; and  that,  therefore,  for  these  rea- 
sons, such  corporation  Is  required  to  pay 
said  license  tax  or  fee. — Albert  Pick  &  Co. 
V.  Jordan,  169  Cal.  1,  2.  Ann.  Cas.  1916C, 
1237,   145   Pac.   506. 

9.  Mulford  Co.  v.  Curry,  163  Cal.  276, 
125  Pac.  236,  holding  the  act  of  1905  uncon- 
stitutional, because  imposing  a  direct  bur- 
den upon  Interstate  commerce,  and  an 
illegal  tax  upon  property  outside  the  state, 
declared  to  be  no  longer  regarded  as  an 
authority  In  view  of  Baltic  Min.  Co.  v. 
Massachusetts,  and  White  Dental  Mfg.  Co. 
V.  Massachusetts,   231  U.  S.  fi,  5V  JU  ed.   127. 


34  Sup.  Ct.  15,  In  which  such  exactions  were 
declared  to  be  valid. — Albert  Pick  &  Co.  v. 
Jordan,  169  Cal.  1.  Ann.  Cas.  1916C,  1237. 
145  Pac.  506. 

10.  The  conclusion  of  the  court  as  to  the 
unconstitutionality  of  the  act  is  based  upon 
the  decisions  of  the  supreme  court  of  the 
United  States  in  "Western  Union,  etc.,  Co. 
V.  Kansas.  216  U.  S.  1,  54  L.  ed.  355,  30 
Sup.  Ct.  190;  Pullman  Co.  v.  Kansas,  216 
U.  S.  56.  54  L.  ed.  378,  30  Sup.  Ct.  232;  and 
Ludwig  V.  "Western  Union,  etc.,  Co.,  216  U.  S. 
146,  54  L.  ed.  423,  30  Sup.  Ct.  280.— H.  K. 
Mulford  Co.  V.  Curry,  163  Cal.  276.  281,  125 
Pac.  236. 

11.  Rule  of  Kx  parte  Yonngr,  209  V.  S.  12:<, 
52  L.  ed.  714,  28  Sup.  Ct.  441,  14  Ann.  Cas. 
764,  13  L.  R.  A.  (N.  S.)  932. — The  act  is  not 
unconstitutional  on  the  ground  stated  in 
Ex  parte  Young,  209  U.  S.  123,  52  L.  ed.  714, 
28  Sup.  Ct.  441.  14  Ann.  Cas.  764,  13  L.  R.  A. 
(N.  S.)  932. — Kaiser,  etc.,  Co.  v.  Curry,  155 
Cal.    638,   103   Pac.   341. 

12.  Same  —  Constitutionality  depending 
upon  complicated  and  technical  investlg;a- 
tion. — Where  the  validity  of  a  legislative 
act  depends  upon  a  complicated  and  techni- 
cal investigation,  and  at  the  same  time  im- 
poses such  severe  penalties  as  to  Intimidate 
parties  from  resorting  to  the  courts  to  test 
such  validity,  It  is  a  practical  denial  of 
the  equal  protection  of  the  law,  and  is  un- 
constitutional.— Ex  parte  Young,  209  U.  S. 
123,  52  L.  ed.  714,  28  Sup.  Ct.  441,  14  Ann. 
Cas.  764.   13  L.  R.  A.    (N.   S.)    932. 

13.  Foreign  corporations. — The  act  of 
1905,  commonly  known  as  the  corporation 
tax  law,  is,  so  far  as  foreign  corporations 
are  concerned,  imposes  a  direct  burden  upon 
interstate  commerce,  as  Is  unconstitutional 
as  in  violation  of  the  commerce  clause  of 
the  constitution  of  the  United  States. — H.  K. 
Mulford  Co.  v.  Curry,  163  Cal.  276,  281,  125 
Pac.  236. 

14.  The  conditions  prescribed  by  the  act 
as  to  foreign  corporations  are  absolutely 
the  same  as  to  domestic  corporations,  and 
It  is  not  obnoxious  to  section  15,  article 
XII  of  the  constitution  as  Imposing  more 
favorable  conditions  upon  foreign  corpora- 
tions than  upon  domestic  corporations. — 
Kaiser,  etc.,  Co.  v.  Curry,  155  Cal.  638,  103 
Pac.  341. 

15.  The  act  Is  nnconstltntlonal  as  to  for- 
eign corporations  although  doing  exclu- 
sively a  domestic  business. — H.  K.  Mulford 
Co.  v.  Curry.   163  Cal.  276,  286,  125   Pac.   236. 

16.  As  to  foreign  corporations  the  charge 
is  not  a  tax  on  property,  but  Is  a  charge 
Imposed  as  a  condition  of  the  state's  con- 
sent, without  which  such  corporation  can 
not  come  into  the  state  and  do  business. — 
Kaiser,  etc.,  Co.  v.  Curry,  155  Cal.  638,  103 
Pac.   341. 

16a.  The  license  fee  provided  for  in  the 
act  Is  a  tax.  where  it  Imposes  a  burden 
upon  Interstate  business. — H.  K.  Mulford 
Co.  v.  Curry,   163  Cal.   276,  286,   125  Pac.  236. 

16b. — Domestic  corporations. — The  act  is 
also  unconstitutional  as  to  domestic  cor- 
porations engaged  in  Interstate  business 
and    having    property    without    the    state. — 


421 


CORPORATIONS. 


Act  1021 


H.    K.    Mulford    Co.    v.    Curry,    163    Cal.    276, 

286,  125    Pac.    236. 

II.  CONSTRUCTION. 

17.  Nature  of  tax. — The  tax  imposed  by 
this  act  is  substantially  the  purchase  price 
which  the  state  sees  fit  to  charge  for  the 
continuance  of  the  privilege  of  being  and 
acting  as  a  corporation. — Kaiser,  etc.,  Co. 
V.  Curry,  155  Cal.  6.''8,  103  Pac.  341. 

IS.  Under  our  law,  there  is  no  difference 
in  principle  between  the  fee  required  to  be 
paid  to  the  state  "as  a  condition  or  for  the 
privilege  of  being  a  corporation"  and  the 
annual  charge  required  by  the  act  or  an 
excise  for  the  privilege  of  continuing  cor- 
porate existence,  and  so  far  as  such  charge 
is  a  tax  at  all,  it  is  a  mere  privilege  or 
license  tax,  in  other  words,  the  mere  pur- 
chase price  of  the  privilege. — Kaiser,  etc., 
Co.  V.  Curry,  155  Cal.   638,   103   Pac.  341. 

19.  Same — License  tax  on  priTilege  of 
existing  and  doing:  business  as  a  corpora- 
tion, not  a  tax  on  "property"  within  the 
meaning  of  section  1,  article  XIII  of  the 
constitution. — Kaiser,  etc.,  Co.  v.  Curry, 
155  Cal.   638,   103   Pac.   341. 

20.  The  tax  Is  a  condition  imposed  upon 
foreign  corporations  of  the  exercise  of  the 
privilege  of  doing  business  in  the  state. — 
Kaiser,  etc.,  Co.  v.  Curry,  155  Cal.  638,  103 
Pac.   341. 

21.  The  charge  is  imposed  not  alone  for 
the  doing  of  business,  but  as  a  condition 
for  the  corporate  privilege  and  authority 
to    do    business. — Kaiser,    etc.,    Co.   v.    Curry, 

155  Cal.    638,    103    Pac.    341;   Lewis   v.   Curry, 

156  Cal.    93-99,    103    Pac.    493. 

22.  Liiability  for  tax. — The  sole  test  is 
the  existence  or  non-existence  of  the  cor- 
poration.— Kaiser,  etc.,  Co.  v.  Curry,  155 
Cal.    638,    103    Pac.    341. 

23.  It  was  the  intention  of  the  legislature 
that  every  corporation,  domestic  and  for- 
eign, a  certified  copy  of  whose  articles  of 
incorporation  was  on  file  with  the  secretary 
of  state,  should  pay  the  license  tax,  the 
secretary  of  state  not  being  required  to 
make  an  investigation  as  to  what  corpora- 
tions were  actually  transacting  business  in 
the  state. — Kaiser,  etc.,  Co.  v.  Curry,  165 
Cal.  638,  103  Pac.  341;  Lewis  v.  Curry,  156 
Cal.  93,   96,  97,  103   Pac.  493. 

24.  Act  of  1005  superseded. — Section  14, 
of  article  XIII,  of  the  constitution,  in  effect, 
superseded  the  license  tax  act  of  1905. — 
Hartford,   etc.,   Co.    v.   Jordan,    108   Cal.    270, 

287,  142    Pac.    839. 

25.  Same — E^xemption  of  telephone  com- 
pany.— The  effect  of  section  14,  article  XIII, 
of  the  constitution,  was  to  exempt  a  tele- 
phone company  from  liability  for  a  license 
imposed  for  revenue  only  by  an  ordinance 
In  effect  at  the  time  of  the  adoption  of 
that  section,  and  such  exemption,  begin- 
ning from  the  day  of  its  adoption,  covered 
;he  first  two  quarters  of  the  year  1911. — 
City  and  County  of  San  Francisco  v.  Pa- 
cific, etc.,  Co.,  166  Cal.  244,  251,  135  Pac. 
971. 

25a.  Corporations  exempt  from  license 
tax. — See  Transcontinental,  etc.,  Co.  v.  Ney- 
'an,    34   Cal.   App.   379,   167   Pac.    541. 


See,  also,  act  of  April  1,  1911,  Stats.  1911, 
p.  530,  amended  February  3.  1913,  Stats. 
1913,  p.  3;  June  12,  1913,  Stats.  1913,  p.  615; 
January  28,  1915,  Stats.  1915,  p.  3,  which 
was  again  amended  and  revised  by  a  sub- 
stitute act  adding  certain  sections  to  the 
Political  Code,  for  which  see  Kerr's  Cyc. 
Political  Code,  §§  3664a,  et  seq. 

III.  FORFEITURE  OF  CORPORATE 
FRANCHISE. 

2G.  Failure  to  pay  tax  operates  ipso 
facto  as  forfeiture  of  charter. — Under  the 
act,  failure  to  pay  the  license  tax  operates 
ipso  facto  as  a  forfeiture  of  the  charter 
on  November  30,  of  each  year,  at  4  o'clock 
p.  m. — Kaiser,  etc.,  Co.  v.  Curry,  55  Cal 
638,    103    Pac.    341. 

27.  The  forfeiture  provided  for  by  the 
act  of  1905,  for  failure  to  pay  the  license 
tax  therein  prescribed  is  self-acting  and 
operating  and  no  judicial  determination  or 
decree  is  required. — Newhall  v.  Western 
Zinc  Min.  Co.,  164  Cal.  380,  382,  128  Pac. 
1040. 

2S.  The  provisions  of  the  amendments 
of  June  13,  1906  (Stats.  1906,  p.  22),  and 
March  20,  1907  (Stats.  1907,  p.  746),  re- 
ferring to  the  amounts  due  and  unpaid  for 
the  years  1905-6  and  1906-7  can  be  reason- 
ably construed  only  as  designed  to  relieve 
corporations  that  had  failed  to  pay  those 
charges  from  the  effect  of  a  forfeiture  that 
had  already  occurred  upon  condition  of 
their  payment,  and  are  not  void  as  in  vio- 
lation of  section  7,  article  XII,  of  the 
constitution. — Kaiser,  etc.,  Co.  v.  Curry,  155 
Cal.  638,   103  Pac.  341. 

29.  When  penalty  attaches. — Penalty  for 
delinquency  does  not  attach  until  the  list 
is  turned  over  to  the  governor  and  he  has 
issued  his  proclamation  thereon,  although 
the  corporation  which  fails  to  pay  the  tax 
by  the  first  Monday  of  August  in  each 
year,  becomes  delinquent. — Ukiah  Guaranty 
Co.  V.  Curry,   148  Cal.   256,   82   Pac.   1048. 

30.  Same  —  Governor's  proclamation  of 
delinquency  need  not  designate  specifically 
the  class  to  which  a  named  corporation  be- 
longs, whether  domestic  or  foreign. — Lewis 
V.  Curry,  156  Cal.  93,  103  Pac.  493. 

31.  Same — Report  to  tlie  governor  by  the 
secretary  of  state  is  practically  a  notice  of 
delinquency,  and  of  the  forfeiture  that  will 
occur  upon  failure  to  pay  the  charge  im- 
posed during  the  days  of  grace  prescribed 
by  the  act. — Kaiser,  etc.,  Co.  v.  Curry,  156 
Cal.   638,  103   Pac.   341. 

32.  Enforcement  of  forfeiture — Defen;ie. 
— Where  it  is  sought  to  enforce  the  forfei- 
ture against  a  corporation,  such  corporation 
has  ample  opportunity  to  defend  on  the 
ground  that  it  is  exempt,  or  that  it  has  paid 
the  tax,  or  that  the  act  is  objectionable  as 
a  whole,  or  as  to  itself,  and  if  the  objection 
is  sustained,  there  will  result,  of  course, 
that  it  has  suffered  no  forfeiture. — Kaiser 
etc..  Co.  V.  Curry,  155  Cal.   638,  103   Pac.  341. 

33.  F.vidence  of  forfeiture. — While  the 
certificate  of  the  secretary  of  state  will 
suffice  to  prove  prima  facie  that  a  corpora- 
tion   has    not    paid    its    corporation    license 


Act  1021 


GENERAL  LAAVS. 


'22 


tax,  such  certificate  can  not  be  accepted  as 
proof  of  the  fact  of  forfeiture. — Kehrlein- 
Swinerton,  etc.,  Co.  v.  Rapken,  30  Cal.  App. 
11,  156  Pac.   972. 

•  34.  The  governor's  proclamation  declar- 
ing such  forfeiture,  or  a  certified  copy 
tliereof,  is  the  only  competent  proof  of  the 
forfeiture  of  a  corporate  charter  for  failure 
to  pay  the  corporation  license  tax. — Kehr- 
lein-Swinerton,  etc.,  Co.  v.  Rapken,  30  Cal. 
App.  11,  156  Pac.  972. 

IV.  EFFECT  OF  FORFEITURE. 
S4a.  Loss  of  legal  entity. — The  effect  of 
the  forfeiture  of  a  corporate  charter  from 
failure  to  pay  the  license  tax,  or  from  what- 
ever cause,  is  to  terminate  the  existence  of 
the  corporation  as  a  legal  entity,  except  as 
it  is  otherwise  provided  by  statute. — Slay- 
den  V.  O'Dea,  29  Cal.  App.  Dec.   267. 

35.  Suit  and  judg-ment  again.st  corpora- 
tion whose  charter  has  been  forfeited. — A 
California  corporation  whose  franchise  and 
charter  has  been  forfeited  under  the  act  of 
1905  for  failure  to  pay  the  license  tax  pre- 
scribed therein,  ceases  to  have  a  corporate 
existence,  can  not  be  sued,  and  a  judgment 
obtained  against  it  is  void,  and  may  be  im- 
peached by  an  intervening  stockholder  for 
the  purpose  of  expunging  it  from  the  rec- 
ords.— Newhall  v.  Western  Zinc  Min.  Co., 
164  Cal.  380,  382,  128  Pac.  1040. 

36.  Right  to  defend  action  after  forfei- 
ture of  charter. — Under  section  10a,  added 
by  the  amendment  of  1906  (Stats.  1906,  ex. 
sess.,  p.  22),  a  corporation  defendant,  whose 
charter  had  been  forfeited  after  the  com- 
mencement of  the  action,  might  have  the 
action  maintained  either  in  its  own  name  or 
in  tlie  names  of  its  trustees. — Lowe  v.  Su- 
perior Court,  165  Cal.  709,  714.  134  Pac.  190. 
Cited  with  approval  in  Brandon  v.  Umpqua, 
etc.,  Co.,   166  Cal.   322,   136  Pac.   62. 

36a.  Abatement  of  action  —  Effect  of 
amendment. — Since  the  enactment  of  the 
amendment  of  1907  (745)  to  section  10a  of 
the  corporation  license  act,  an  action  pend- 
ing against  a  corporation  does  not  abate 
by  forfeiture  pendente  lite  of  the  corporate 
franchise  by  its  failure  to  pay  its  license 
tax. — Brandon  v.  Umpqua,  etc.,  Co.,  166  Cal. 
322,  323. 

37.  "Doing  bu.siness"  after  forfeiture  of 
charter. — The  institution  and  maintenance 
of  an  action  is  embraced  within  the  inhibi- 
tion of  the  statute  with  respect  to  doing 
business  in  the  state  after  forfeiture  of  the 
corporate  charter. — Crossman  v.  Vivienda, 
etc.,  Co.,  150  Cal.  575,  89  Pac.  335;  Kaiser, 
etc.,  Co.  V.  Curry,  155  Cal.  638,  103  Pac.  341; 
Newhall  v.  Western,  etc..  Co.,  164  Cal.  380, 
128  Pac.  1040;  Carpenter  v.  Bradford,  23  Cal. 
App.  560,  138  Pac.  946;  Kehrlein-Swinerton, 
etc.,  Co.  V.  Rapken,  30  Cal.  App.  11,  156 
Pac.  972. 

38.  Substitution  of  directors  as  trustees 
in  place  of  a  corporation,  was  a  proper  ex- 
ercise of  the  discretion  of  the  court,  upon 
a  showing  that  the  corporation  had  suffered 
forfeiture  of  its  charter  by  reason  of  its 
failure  to  pay  its  corporation  license  tax. — 
Reed  &  Co.  v.  Harshall.  12  Cal.  App.  697,  108 
Pac.    719. 


39.  Title  to  property,  after  forfeiture, 
does  not  vest  in  the  trustees  provided  by 
the  act  any  title  to  the  property  of  the  cor- 
poration, but  such  trustees  get  no  more 
than  the  act  gives  them,  merely  a  power 
over  it  for  the  purpose  of  settling  the  cor- 
porate affairs. — Rossi  v.  Caire,  174  Cal.  74, 
161    Pac.   1161. 

40.  Appeal  by  corporation  after  forfei- 
ture of  charter  may  be  taken  in  its  own 
name,  notwithstanding  such  forfeiture. — 166 
Cal.  322,  136  Pac.  62. 

41.  Averment  of  incapacity  to  maintain 
an  action  by  reason  of  forfeiture  of  charter 
by  failure  to  pay  corporation  license  tax,  in 
the  absence  of  special  demurrer,  sufficiently 
puts  in  issue  such  incapacity. — Kehrlein- 
Swinerton,  etc..  Co.  V.  Rapken.  30  Cal.  App. 
11,   156  Pac.   972. 

42.  Right  to  substitute  trustees  as  par- 
ties plaintiif  in  place  of  the  corporation 
which  has  forfeited  its  charter  for  non- 
payment of  license  tax  should  be  ordered,  at 
any  time,  upon  suggestion  of  the  fact  on  the 
part  of  plaintiffs,  where  it  clearly  appears 
that  the  cause  of  action  is  unchanged,  that 
the  real  parties  in  interest  are  the  same, 
that  the  meritorious  defenses  of  defendant 
are  unaffected,  and  that  a  mere  formal 
change  in  the  names  of  the  parties  plain- 
tiff without  change  in  substantial  rights 
and  relations  of  the  real  actors  in  the  case, 
and  it  is  an  abuse  of  discretion  to  refuse  to 
allow  such  change  even  though  the  forfei- 
ture may  have  occurred  prior  to  the  bring- 
ing of  the  action. — Kehrlein-Swinerton.  etc., 
Co.  V.  Rapken,  30  Cal.  App.  11,  156  Pac.  972. 

42a.  After  a  corporation  has  forfeited  its 
charter  under  the  act  of  1905  for  non-pay- 
ment of  the  license  tax  prescribed  therein, 
the  directors  have  no  power  to  act  for  the 
corporation  in  suits  by  or  against  it,  but 
are  authorized  to  act  merely  as  trustees. — 
Newhall  V.  Western  Zinc  Min.  Co.,  164  Cal. 
380.    383,   128   Pac.   1040. 

43.  Sale  of  corporate  property — Discre- 
tion of  trustees. — The  purpose  of  the  law 
was  to  vest  the  trustees  with  a  discretion 
as  to  the  sale  of  the  corporate  property, 
which  could  not  be  controlled  by  a  court  of 
equity  except  in  case  of  abuse. — Rossi  v. 
Caire,  174  Cal.  74,  161  Pac.  1161. 

44.  Application  l)y  tru.stees  of  corporate 
funds  to  personal  claims. — Where  it  appear? 
that  the  directors  of  a  corporation  wliose 
charter  has  been  forfeited  for  failure  to 
pay  the  license  tax  are  using  their  power 
and  authority  for  the  purpose  of  benefiting 
themselves  at  the  expense  of  the  stockhold- 
ers and  creditors,  and  where  relief  has  been 
sought  unsuccessfully  in  the  only  tribunal 
that  could  defeat  such  a  preference,  and  the 
corporation  is  insolvent,  the  creditors  have 
such  an  interest  as  entitle  them  to  the  in- 
terposition of  a  court  of  equity. — Hanson  v. 
Choynski,   180  Cal.   275.  180   Pac.   816. 

45.  Pending  litigation  prosecuted  to  final 
Judgment. — Section  10a  of  the  corporation 
license  tax  act  (Crossman  act),  added 
.Tune  13,  1906,  pending  litigation  does  not 
abate  by  forfeiture  of  corporate  franchise 
for  non-payment  of  the  tax,  and  the  section 


423 


CORPORATIONS. 


Act  1021a.  §  1 


should  be  construed  as  providins  that  such 
litigation  may  be  continued  and  prosecuted 
to  final*  judgment  in  the  corporate  name, 
and  while  the  directors  as  trustees  may  be 
substituted  as  parties  defendant,  such  sub- 
stitution is  not  required. — Lowe  v.  Superior 
Court,  165  Cal.   708,   714,   134  Pac.   190. 

V.      MISCELLANEOUS. 
46.     Intervention    by    stockholder. — In    an 

intervention  by  a  stockholder  for  the  pur- 
pose of  expunging  from  the  records  a  void 
judgment-  obtained  in  an  action  against  a 
corporation  after  the  forfeiture  of  its  char- 
ter and  franchise  because  of  non-payment 
of  the  annual  license  tax  prescribed  by  the 
act  of  1905,  the  intervener  need  not  show 
that  he  was  a  stockholder  when  the  liabil- 
ity on  which  the  judgment  was  obtained 
was  incurred,  nor  that  an  execution  had 
been  returned  unsatisfied,  nor  that  the  cor- 
poration had  acquired  any  assets  since  the 
judgment  was  rendered. — Newhall  v.  West- 
ern Zinc  Min.  Co.,  164  Cal.  380,  383,  128 
Pac.  1040. 

46a.  Kstoppel  agrainst  stockholder.  — 
While  a  judgment  against  a  defunct  cor- 
poration is  void,  and  can  be  impeached, 
and  its  invalidity  shown  by  any  interested 
person,  in  a  proper  proceeding,  estoppel 
may  bar  the  way  of  a  successful  assault 
upon  it. — Slayden  v.  O'Dea,  29  Cal.  App. 
Dec.  267. 

46b.  Same — The  stockholder  of  a  cor- 
poration is  estopped  from  moving  in  the  ap- 
pellate court,  on  behalf  of  the  corporation, 
for  the  modification  of  a  judgment  against 
it  based  upon  the  theory  that  the  corpora- 
tion was  not  an  existing  entity  at  the  time 
the  action  was  commenced,  where  the  stock- 
holder was  a  defendant  in  the  action,  and 
knowingly   concealed    from    the   plaintiff   all 


knowledge  that  the  corporation  had  suf- 
fered dissolution. — Slayden  v.  O'Dea,  29  Cal. 
App.  Dec.  267,  189  Pac.  1062. 

47.  Same — AnsTver  of  directors  doe.s  not 
estop. — The  stockholder  intervening  for  the 
purpose  of  annulling  a  judgment  obtained 
against  a  corporation  after  the  forfeiture 
of  its  charter  for  non-payment  of  the  li- 
cense tax,  is  not  estopped  by  an  answer  filed 
by  one  of  its  directors  admitting  the  cor- 
porate existence  of  the  corporation. — New- 
hall  V.  Western  Zinc  Min.  Co.,  164  Cal.  3S0. 
383,  128  Pac.  1040. 

4S.  Jurisdiction  of  bankruptcy  court  not 
affected  by  forfeiture. — Forfeiture  of  fran- 
chise for  non-payment  of  license  tax  does 
not  deprive  the  bankruptcy  court  of  juris- 
diction to  administer  the  estate  of  a  bank- 
rupt corporation. — In  re  Double  Star  Brick 
Co.,  210  Fed.  980. 

49.  Foreign  corporation.  —  Forfeiture  of 
rigrht  to  do  business  by  failure  to  pay  the 
corporation  license  tax,  renders  a  foreign 
corporation  an  improper  party  to  an  action 
to  compel  it  to  reissue  its  stock,  and  if 
such  an  action  can  be  maintained  at  all,  it 
must  be  against  the  trustees. — Carpenter  v. 
Bradford,  23  Cal.  App.  560,  138  Pac.  946. 

50.  Section  400,  Civil  Code,  as  amended 
by  act  of  1905,  p.  563,  was  intended  to  apply 
to  corporations  dissolved  for  non-payment 
of  the  license  tax. — Hanson  v.  Choynski,  180 
Cal.   275,    180   Pac.    816. 

51.  Personal  liability  of  secretary  of 
state. — The  secretary  of  state  is  not  per- 
sonally liable  for  moneys  paid  to  him  in  his 
official  capacity,  under  protest,  as  corporate 
license  taxes  under  Stats.  1905,  p.  493,  after 
he  has  paid  over  the  same  to  the  state 
treasurer  as  required  by  law. — Hartford, 
etc.,  Co.  v.  Jordan,  168  Cal.  270,  272.  142 
Pac.   839. 


REPAYMENT  OF  CORPORATION  LICENSE  TAX  ERRONEOUSLY  COLLECTED. 

ACT  1021a — An  act  to  appropriate  money  to  pay  the  claims  of  corporations,  arising 
from  exemptions  under  the  provisions  of  section  fourteen  of  article  XIII  of  the  con- 
stitution, for  the  return  of  corporation  license  tax  erroneously  collected. 

History:     Approved  May  17,  1915.    In  effect  August  8,  1915.     Stats. 
1915,  p.  475. 

Appropriation:  return  of  corporation  license  taxes  erroneously  collected. 

$  1.  The  sum  of  two  hundred  thirty  thousand  dollars  is  hereby  appropriated  out 
of  any  money  in  the  state  treasury  not  otherwise  appropriated  to  pay  the  claims  of 
corporations,  arising  from  exemptions  under  the  provisions  of  section  fourteen  of 
article  XIII  of  the  constitution,  for  the  return  of  corporation  license  tax  erroneously 
collected. 


Paper  corporation. — A  corporation  not  ren- 
dering a  public  service,  though  organized 
as  such,  is  not  a  public  service  corporation 
within  the  meaning  of  section  14,  article 
XIII,   of  the  constitution,  and  Is  not  there- 


fore entitled  to  the  benefit  of  this  act.  or  to 
have  its  corporation  license  tax  refunded. 
— Transcontinental,  etc.,  Co.  v.  Neylan,  34 
Cal.  App.  379,  167   I'ac.  541. 


Acts  1022,  I033n,  g§  1, 2  GENERAL   LAWS.  424 

CORPORATIONS   TO   LEND   MONEY   ON   CHATTELS. 
ACT  1022 — An  act  to  provide  for  the  incorporation  of  associations  for  lending"  money 
on  personal   property,   and   regulating   the   same,   and  to   forbid   certain  loans   of 
money,  property  or  credit. 

History:     Approved  March  21,  1905,  Stats.  1905,  p.  711. 

rnconNtitutlonal,  as  an  improper  discrlm-  post,    Act    2200,    approved    March     20,    1905, 

ination   in   fixing  a  minimum  loan  under  its  Stats.  1905,  p.  422,  declared  unconstitutional 

provisions,   and  establishing   a  classification  in   In   re   Sohncke,    148   Cal.    262,    113   Am.   St. 

based  solely  upon  the  amount  of  the  loan. — .  Rep.   236,  7  Ann.  Cas.   475,  2  L.  R  A.    (N.  S.) 

Ex   parte  Sohncke,   148  Cal.   262,   113  Am.   St.  813,   82   Pac.   956. 

Rep.    236,   7  Ann.  Cas,   475,  '2  L.  R.  A,    (N.  S.)  Pawnbrokers, — See    tit.    "Pawnbrokers." 

813,  82  Pac.  956.  Usury  law, — See  tit.  "Usury  Law." 

Interest  on   chattel  niortsag:e  loans. — See, 

ISSUE  OF  SHARES  WITHOUT  NOMINAL  OR  PAR  VALUE. 
ACT  1033a — An  act  relating  to  corporations  and  to  the  issue  of  shares  by  them  with- 
out a  nominal  or  par  value. 

History:     Approved  May  29,  1917.     In  effect  July  28,  1917.     Stats. 
1917.  p,  1321, 

Issuance  of  shares  without  nominal  or  par  value. 

§  1.  Any  corporation  having  a  capital  stock  may  provide  in  its  articles  of  incor- 
poration for  the  issuance  of  the  shares  of  stock  of  such  corporation,  other  than  pre- 
ferred stock  having  a  preference  as  to  principal,  without  any  nominal  or  par  value  by 
stating  in  such  articles : 

(1)  The  number  of  shares  that  may  be  issued  by  the  corporation  and,  if  any  of  said 
shares  be  preferred  stock,  the  amount  of  each  class  having  a  preference  and  the  par- 
ticular character  of  such  preferences,  and  if  such  preferred  stock  or  any  part  thei'eof 
shall  have  a  preference  as  to  principal,  the  par  value  of  each  share  thereof,  which 
shall  be  one  dollar  or  some  multiple  thereof  not  exceeding  one  hundred  dollars. 

(2)  The  amount  of  capital  with  which  the  corijoration  will  carry  on  business,  which 
amount,  if  any  portion  of  the  shares  shall  be  preferred  stock  having  a  preference  as  to 
principal,  shall  be  a  sum  equal  to  the  product  obtained  by  multiplying  the  par  value 
of  such  preferred  shares  by  the  whole  number  of  shares  that  may  be  issued  by  the  cor- 
poration, but  which  otherwise  shall  be  equal  to  the  product  obtained  by  multiplying  one 
dollar,  or  some  multiple  thereof  not  exceeding  one  hundred  dollars,  by  the  whole 
number  of  shares  that  may  be  issued  b}'  the  corporation. 

Equal  to  other  shares. 

Such  statements  in  the  articles  shall  be  in  lieu  of  any  statements  prescribed  bv 
section  two  hundred  ninety  of  the  Civil  Code  of  the  state  of  California  as  to  the 
amount  of  its  capital  stock,  the  number  of  shai-es  into  which  it  is  divided  and  the  par 
value  thereof.  No  distinction  shall  exist  between  any  shares  or  classes  of  shares 
either  as  to  voting  power  or  as  to  the  statutory  or  constitutional  liability  of  the  holders 
thereof  to  the  creditors  of  the  corporation,  and  each  share  of  stock  without  nominal 
or  par  value  shall  be  equal  in  every  other  respect  to  every  other  share  authorized  to 
be  issued,  subject  only  to  the  preferences  granted  to  the  preferred  stock,  if  any,  as 
stated  in  such  articles.  Certificates  for  shares  without  nominal  or  par  value  shall  not 
have  printed  or  otherwise  expressed  thereon  any  nominal  or  par  value  of  such  shares. 
Such  corporation  may  issue  and  may  sell  its  authorized  shares  from  time  to  time  for 
such  consideration  as  may  be  prescribed  in  the  articles  of  incorporation,  and  any 
shares  sold  or  issued  for  such  consideration  shall  be  deemed,  when  such  consideration 
shall  have  been  paid  or  delivered  to  the  corporation,  to  be  fully  paid. 

Capital  fully  paid.    Liability  of  directors, 

$  2.  No  corporation  authorized  to  issue  shares  in  accordance  with  section  one 
hereof  shall  begin  to  carry  on  business  or  shall  incur  any  debts  until  the  amount  of 


123  CORPORATIONS.  Act  1033b,  §  1 

capital  stated  in  its  articles  of  incorporation  shall  have  been  fully  paid  in  money  or 
in  property  taken  at  its  actual  value.  If  the  amount  of  capital  stated  in  its  articles 
of  incorporation  shall  at  any  time  be  increased,  such  corporation  shall  not  increase 
the  amount  of  its  indebtedness  then  existing  until  it  shall  have  received  in  money  or 
loroperty  taken  at  its  actual  value  the  amount  of  such  increase  of  its  stated  capital. 
The  directors  of  any  corporation  assenting  to  the  creation  of  any  debt  in  violation  of 
this  section  shall  be  liable  jointly  and  severally  for  such  debt.  Any  director  who, 
because  of  any  such  liability  under  this  section,  shall  pay  any  debt  of  the  corporation 
shall  be  subrogated  to  all  rights  of  the  creditor  in  respect  thereof  against  the  corpora- 
tion and  its  property,  and  also  shall  be  entitled  to  contribution  from  all  other  directors 
of  the  corporation  similarly  liable  for  the  same  debt  and  the  personal  representative 
of  any  such  director  who  shall  have  died  before  making  such  contribution. 

Capital  reduced  by  dividends. 

No  such  corporation  shall  declare  any  dividend  which  shall  reduce  the  amount  or 
actual  value  of  its  capital  below  the  amount  stated  in  the  articles  as  the  amount  of 
capital  with  which  the  corporation  will  carry  on  business.  If  any  such  dividend  shall 
be  declared,  the  directors  under  whose  administration  the  same  may  have  happened 
(except  those  who  may  have  caused  their  dissent  therefrom  to  be  entered  at  large  on 
the  minutes  of  the  directors  at  the  time,  or  were  not  present  when  the  same  did  happen) 
are,  in  their  individual  or  private  capacity,  jointly  and  severally  liable  to  the  corpora- 
tion and  to  the  creditors  thereof  to  the  full  amount  of  any  loss  sustained  by  such 
corporation  or  by  its  creditors  respectively  by  reason  of  such  dividend. 

Aggregate  amonnt  of  capital  stock.    Par  value. 

§  3.  For  the  purpose  of  any  rule  of  law  or  of  any  statutory  provision  relating  to 
the  amount  of  the  capital  stock  of  the  corporation  or  to  the  amount  or  par  value  of  its 
shares,  the  aggregate  amount  of  the  capital  stock  of  any  such  corporation  formed  pur- 
suant to  this  act  shall  be  deemed  to  be  the  aggregate  amount  of  capital  specified  in 
the  articles  of  incorporation,  or  in  any  certificate  of  increase  or  decrease  made  pur- 
suant to  the  provisions  of  section  three  hundred  fifty-nine  of  the  Civil  Code,  as  the 
amount  of  capital  with  which  the  corporation  will  carry  on  business;  the  amount  or 
the  par  value  of  each  share  of  preferred  stock  having  a  preference  as  to  principal 
shall  be  deemed  to  be  the  amount  or  par  value  thereof  as  stated  in  the  articles  of 
incorporation,  and  the  amount  or  par  value  of  each  other  share  shall  be  deemed  to  be 
an  aliquot  part  of  the  aggregate  capital  so  stated  in  such  articles  or  in  such  certificate 
of  increase  or  decrease,  in  excess  of  the  specified  amount  (if  any)  of  the  preferred 
stock  therein  authorized  to  be  issued  with  a  preference  as  to  principal. 

ISSUE   OF   SHARES   OF  STOCK  WITHOUT   NOMINAL   OR  PAR   VALUE   BY 

PUBLIC  UTILITY  CORPORATIONS. 

ACT  10331) — An  act  to  provide  for  and  regulate  the  issuance  of  stock  without  nomivai 

or  par  value  by  public  utility  corporations  now  existing  or  hereafter  organized. 

History:      Approved   May  31,   1917.     In  effect  July  30,   1917.     Stats. 
1917,  p.  1367. 

Issuance  of  shares  without  nominal  or  par  value  by  public  utility  corporation. 

§1.  Any  public  utility  corporation  as  defined  in  the  "public  utilities  act"  here- 
after organized  may,  if  so  provided  in  its  articles  of  incorporation,  issue  shares  of 
stock  without  nominal  or  par  value.  Such  articles  of  incorporation  shall  set  forth,  in 
lieu  of  setting  forth  the  amount  of  its  capital  stock  and  the  par  value  thereof,  the 
number  of  shares  into  which  its  capital  stock  is  divided,  and  shall  state  that  all  such 
shares  are  without  nominal  or  par  value;  or  such  articles  of  incorporation  shall  set 
forth,  in  addition  to  setting  foi'th  the  amount  of  its  capital  stock  and  the  par  value 
thereof,  a  provision  for  the  conversion  or  exchange  of  shares  having  a  nominal  or  par 


Act  1033b,  §8  2. 3  GENERAL,  LAWS.  426 

value  at  any  time  outstanding  for  shares  without  nominal  or  par  value.  In  all  other 
respects  such  articles  shall  set  forth  the  matters  and  things  specified  in  section  two 
hundred  ninety  of  the  Civil  Code.  Any  such  corporation  may,  in  common  with  other 
corporations  formed  for  profit,  by  its  articles  of  incorporation  provide  for  the  classifi- 
cation of  its  shares  of  capital  stock  into  preferred  and  common  shares. 

Resolution  to  issue  shares.    Ratification  by  stockholders.    Amended  articles  of  incor- 
poration. 

$  2.     Any  public  utility  corporation  now  or  hereafter  organized  which  shall  not  be 
authorized  by  its  articles  of  incorporation  to  issue  shares  of  stock  without  nominal 
or  par  value,  but  which  desires  to  issue  shares  without  nominal  or  par  value,  may  do 
so  by  a  resolution  of  its  board  of  directors,  passed  and  adopted  at  any  regular  or 
special  meeting,  and  ratified  by  the  vote  of  stockholders  representing  at  least  two- 
thirds  of  its  subscribed  or  issued  capital  stock  at  a  meeting  called  for  that  purpose, 
or  by  the  written  assent  of  stockholders  representing  at  least  two-thirds  of  its  sub- 
scribed or  issued  capital  stock  filed  with  the  secretary.     Such  resolution  shall  specify 
that  such  corporation  proposes  to  divide  its  capital  stock  into  shares  without  nominal 
or  par  value  and  to  issue  such  shares  of  stock  then  outstanding;  such  resolution  shall 
also  set  forth  the  number  of  shares  into  which  its  capital  stock  shall  be  divided,  how 
many  of  said  shares,  if  any,  shall  be  prefen-ed  shares,  the  terms  of  preference  of  any 
preferred  shares,  and  the  basis  of  exchange  of  such  shares  for  the  shares  of  stock  then 
outstanding;  provided,  however,  that  no  such  resolution  shall  be  valid  which  sets  forth 
a  basis  of  exchange  Avhich,  if  carried  out,  would  give  to  the  holders  of  any  class  of 
outstanding  stock  shares  evidencing  a  less  proportionate  interest  in  the  capital  stock 
or  earnings  of  the  corporation  than  the  outstanding  shares  of  stock  held  by  them, 
unless   such  resolution   is  ratified  by   the  unanimous  vote   or  written   assent   of   the 
holders  of  all  the  outstanding  stock  of  the  class  prejudicially  affected,  but  with  such 
ratification  such  resolution  shall  be  valid.     Upon  the  ratification  of  such  resolution 
by  the  stockholders  by  vote  or  written  assent  as  aforesaid,  the  board  of  directors  of 
said  corporation  shall,  without  further  assent  or  vote  of  the  stockholders,  cause  to  be 
prepared  amended  articles  of  incorporation  setting  forth  the  number  of  shares  into 
which  its  capital  stock  is  divided  and  the  fact  that  such  shares  are  without  nominal 
or  par  value,  the  number  of  shares,  if  any,  to  which  preference  is  granted,  and  the 
nature  and  extent  of  such  preference.     Such  amended  articles,  certified  to  as  correct 
by  the  president  and  secretary  and  a  majority  of  the  directors  under  the  seal  of  said 
corporation  shall  be  filed  in  the  office  of  the  county  clerk  of  the  county  in  which  the 
original  articles  of  incorporation  were  filed,  and  a  copy  of  such  amended  articles  of 
incorporation  certified  by  such  county  clerk,  shall  be  filed  in  the  office  of  the  secretary 
of  state.    A  copy  of  such  amended  articles,  certified  by  the  secretary  of  state,  shall  be 
filed  in  the  office  of  the  county  clerk  of  every  county  in  which  such  corporation  has  or 
holds  real  property,  except  only  the  county  in  which  the  original  articles  were  filed. 
From  and  after  the  filing  of  such  certified  copy  of  such  amended  articles  of  incorpora- 
tion in  the  office  of  the  secretary  of  state,  all  outstanding  shares  of  capital  stock  shall 
be  deemed  shares  without  nominal  or  par  value.     Upon  the  surrender  of  all  or  any 
certificates  representing  such  outstanding  shares,   the  corporation   shall  issue  to   the 
holder  or  holders  thereof  a  certificate  or  certificates  representing  the  number  and  kind 
of   shares   without  nominal   or  par  value   to   which   such  holder  or   holders   may   be 
entitled,  but  whether  or  not  such  surrender  is  made,  all  outstanding  shares  shall,  for 
all  purposes,  be  regarded  as  representing  the  number  and  kind  of  shares  without  nomi- 
nal or  par  value  to  which  the  holder  or  holders  thereof  may  be  entitled. 

§  3.  No  such  corporation  shall  at  any  time  have  outstanding  shares  of  stock  having 
nominal  or  par  value  and  at  the  same  time  have  outstanding  shares  of  stock  without 
nominal  or  par  value. 


i 


427  CORPORATIONS.  Act  1C34,  S  1 

When  shares  deemed  to  be  of  par  value. 

§  4.  For  the  purpose  of  determining  the  amount  of  money  payable  to  the  secretary 
of  state  for  filing  articles  of  incorporation,  and  for  the  purpose  of  determining  the 
vote  of  the  stockholders  upon  the  question  of  the  increase  of  the  stock  or  bonded 
indebtedness  of  such  corporation,  but  for  no  other  purpose,  such  shares  shall  be 
deemed  to  be  of  the  par  value  of  one  hundred  dollars  each.  The  words  "capital 
stock"  and  "amount  of  capital  stock"  as  used  in  existing  laws  shall,  for  the  purpose 
of  making  such  laws  applicable  to  corporations  having  stock  without  nominal  or  par 
value,  be  construed  in  the  case  of  such  corporations  to  mean  the  aggregate  number  of 
shares  of  stock  without  nominal  or  par  value.  Except  as  in  this  act  otherwise  provided, 
all  provisions  of  law  relating  to  stock  having  a  par  value,  so  far  as  the  same  may  be 
legally,  necessarily  or  practically  applicable,  shall  apply  to  and  govern  stock  without 
nominal  or  par  value. 

Consent  of  railroad  commission. 

$  5.  No  public  utility  as  defined  in  the  public  utilities  act  may  issue  any  share  of 
stock  without  nominal  or  par  value,  nor  shall  any  share  of  stock  or  any  stock  cer- 
tificate outstanding  be  converted  into  or  deemed  to  be  converted  into  stock  without 
nominal  or  par  value,  without  the  consent  of  the  railroad  commission  first  having  been 
secured  in  accordance  with  the  provisions  of  the  public  utilities  act,  and  the  juris- 
diction of  the  railroad  commission  with  reference  to  such  issue  and  such  conversion  of 
stock  shall  be  in  all  respects  the  same  as  that  defined  in  the  public  utilities  act  with 
reference  to  the  issue  by  public  utilities  of  stock  or  stock  certificates,  and  nothing  in 
this  act  shall  be  construed  to  in  any  way  limit  the  jurisdiction  of  the  railroad  commis- 
sion under  the  public  utilities  act  over  the  issue  of  stock  and  stock  certificates. 

CORPORATIONS  AS  EXECUTOR  AND  TRUSTEE. 
ACT  1034 — An  act  authorizing  certain  corporations  to  act  as  executor  and  in  other 
capacities,  and  to  provide  for  and  regulate  the  administration  of  trusts  by  such 
corporations. 

History:  Approved  April  6,  1891,  Stats.  1891,  p.  490.  Amended 
April  1,  1897,  Stats.  1897,  p.  424;  March  20,  1903,  Stats.  1903  p  244- 
March  18,  1905,  Stats.  1905,  p.  232;  March  18,  1907,  Stats.  1907,  p.  562. 

What  corporation  may  act  as  executor. 

$  1.  Any  corporation  which  has  or  shall  be  incorporated  under  the  general  incor- 
poration laws  of  this  state,  authorized  by  its  articles  of  incorporation  to  act  as  execu- 
tor, administrator,  guardian,  assignee,  receiver,  depositary  or  trustee,  and  having  a 
paid-up  capital  of  not  less  than  two  hundred  and  fifty  thousand  dollars,  of  which  one 
hundred  thousand  dollars  shall  have  been  actually  paid  in,  in  cash,  may  be  appointed 
to  act  in  such  capacity  in  like  manner  as  individuals.  In  all  cases  in  which  it  is 
required  that  an  executor,  administrator,  guardian,  assignee,  receiver,  depositary,  or 
trustee,  shall  qualify  by  taking  and  subscribing  an  oath,  or  in  which  an  affidavit  is 
required,  it  shall  be  a  sufficient  qualification  by  such  corporation  if  such  oath  shall  be 
taken  and  subscribed  or  such  affidavit  made  by  the  president  or  secretary  or  manager 
or  trust  officer  thereof,  and  such  officer  shall  be  liable  for  the  failure  of  such  corpora- 
tion to  perform  any  of  the  duties  required  by  law  to  be  performed  by  individuals  actin«>' 
in  like  capacity  and  subject  to  like  penalties;  and  such  corporation  shall  be  liable  for 
such  failures  to  the  full  amount  of  its  capital  stock;  provided,  any  such  appointment 
as  guardian  shall  apply  to  the  estate  only,  and  not  to  the  person.  Such  corporation 
shall  be  entitled  to  and  shall  be  allowed  proper  compensation  for  all  the  services  per- 
formed by  them  under  the  foregoing  provisions  of  this  act;  but  such  compensation 
shall  not  exceed  that  allowed  to  natural  persons  for  like  services.  [Amendment. 
Approved  March  IS,  1007.     Stats.  1907,  p.  o62.j 


Act  1034.  §g  2-6  GENERAL  LAWS.  428 

Deposits  made  with  corporation. 

§  2.  Any  court,  ha\ing  appointed  and  having  jurisdiction  of  any  executor,  adminis- 
trator, guardian,  assignee,  receiver,  depositary,  or  trustee,  upon  the  application  of 
such  officer  or  trustee,  or  upon  the  application  of  any  person  having  an  interest  in  the 
state  administered  by  such  officer  or  trustee,  after  notice  to  the  other  parties  in 
interest  as  the  court  may  direct,  and  after  a  hearing  upon  such  application,  may  order 
such  officer  or  trustee  to  deposit  any  moneys  then  in  his  hands,  or  which  may  come 
into  his  hands  thereafter,  and  until  the  further  order  of  said  court,  with  any  such 
corporation,  and  upon  deposit  of  such  money,  and  its  receipt  and  acceptance  by  such 
corporation,  the  said  officer  or  trustee  shall  be  discharged  from  further  care  or  respon- 
sibility therefor.    Such  deposits  shall  be  paid  out  only  upon  the  orders  of  said  court. 

Public  administrator  may  make  deposits. 

§  3.  And  it  shall  be  lawful  for  any  public  administrator  to  deposit  with  any  such 
corporation  doing  business  in  the  county,  or  city  and  county,  in  which  he  is  acting 
as  such  administrator,  any  and  all  moneys  of  any  estate  upon  which  he  is  administer- 
ing, not  required  for  the  current  expenses  of  the  administration.  And  such  deposits 
shall  relieve  the  public  administrator  from  depositing  with  the  county  treasurer  the 
moneys  so  deposited  with  such  corporation.  Moneys  deposited  by  a  public  adminis- 
trator may  be  drawn,  upon  the  order  of  such  administrator,  countersigned  by  a  judge 
of  a  superior  court,  when  required  for  the  purpose  of  administration,  or  otherwise. 

Court  may  order  deposit  and  reduce  bonds. 

$  4.  Whenever,  in  the  judgment  of  any  court  having  jurisdiction  of  any  estate  in 
process  of  administration  by  any  executor,  administrator,  guardian,  assignee,  receiver, 
depositary,  or  trustee,  the  bond  required  by  law  of  such  officer  shall  seem  burdensome 
or  excessive,  upon  application  of  such  officer  or  trustee,  and  after  such  notice  to  the 
parties  in  interest  as  the  court  shall  direct,  and  after  a  hearing  on  such  application 
the  said  court  may  order  the  said  officer  or  trustee  to  deposit  with  any  such  corpora- 
tion, for  safe-keeping,  such  portion  or  all  of  the  personal  assets  of  said  estate  as  it 
shall  deem  proper;  and  thereupon  said  court  shall,  by  an  order  of  record,  reduce  the 
bond  to  be  given  or  theretofore  given  by  such  officer  or  trustees,  so  as  to  cover  only 
the  estate  remaining  in  the  hands  of  said  officer  or  trustee;  and  the  property  as  depos- 
ited shall  thereupon  be  held  by  said  corporation,  under  the  orders  and  directions  of 
said  court.  Any  court  having  jurisdiction  of  an  estate  being  administered  by  a  public 
administrator,  may  direct  such  public  administrator  to  deposit  all  or  any  part  of  the 
moneys  of  the  estate  not  required  for  the  current  expenses  of  the  administration,  with 
any  such  corporation  doing  business  in  the  county,  or  city  and  county,  where  such 
public  administrator  is  acting. 

Responsible  for  investments. 

$  5.  Such  corporations  shall  not  be  required  to  give  any  bond  or  security  in  case  of 
any  appointment  hereinbefore  provided  for,  except  as  hereinafter  provided,  but  shall 
be  responsible  for  all  investments  which  shall  be  made  by  it  of  the  funds  which  may 
I)e  intrusted  to  it  for  investment  by  such  court,  and  shall  be  further  liable  as  natural 
persons  in  like  positions  now  are,  and  as  hereinafter  provided.  The  amount  of  money 
which  any  such  corporation  shall  have  on  deposit  at  any  time  shall  not  exceed  ten 
times  the  amount  of  its  paid-up  capital  and  surplus,  and  its  outstanding  loans  shall 
not  at  any  time  exceed  said  amount. 

Interest. 

$  6.  Such  corporations  shall  pay  interest  upon  all  moneys  held  by  them  by  virtue 
of  this  act,  at  such  rate  as  may  be  agreed  upon  at  the  time  of  its  acceptance  of  any 
such  appointment,  or  as  shall  be  provided  by  the  order  of  the  court. 


429  CORPORATIONS.  Act  1034,  §§  7-11 

Deposit  of  bonds  with  state  treasurer. 

§  7,  Each  corporation,  before  accepting  any  such  appointment  or  deposit,  shall 
deposit  with  the  treasurer  of  state,  for  the  benefit  of  the  creditors  of  said  corporation, 
the  sum  of  one  hundred  thousand  dollars  ($100,000.00),  in  bonds  of  the  United  States, 
or  municipal  bonds  of  this  state,  or  of  any  county,  or  citj'^,  or  school  district  thereof,  or 
in  mortgages  on  improved  and  productive  real  estate  in  this  state,  being  first  liens 
thereon,  and  the  real  estate  being  worth  at  least  twice  the  amount  loaned  thereon. 
The  bonds  and  securities  so  deposited  may  be  exchanged  from  time  to  time  for  other 
securities,  receivable  as  aforesaid.  Said  bonds  of  the  United  States,  or  municipal 
bonds  of  this  state,  or  of  any  county,  city,  or  school  district  thereof,  to  be  registered 
in  the  name  of  said  treasurer,  officially,  and  all  said  securities  to  be  subject  to  sale  and 
transfer,  and  to  the  disposal  of  the  proceeds  by  said  treasurer,  only  on  the  order  of  a 
court  of  competent  jurisdiction,  and  as  hereinafter  provided.  [Amendment.  Approved 
April  1,  1897.     Stats.  1897,  p.  424.] 

May  mortgage  real  estate. 

§  8.  Any  such  corporation,  having  a  paid-up  capital  in  excess  of  two  hundred  and 
fifty  thousand  dollars,  may  be  permitted  by  the  board  of  bank  commissioners  to  mort- 
gage any  improved  and  productive  real  estate  owned  by  it,  in  excess  of  said  amount,  to 
the  treasurer  of  state,  for  such  sum  as  the  said  board  may  determine;  and  such  mort- 
gage may  be  deposited  with  said  treasurer,  and,  when  so  deposited,  it  shall  be  included 
in  the  amount  of  securities  hereinabove  required  to  be  deposited  with  said  treasurei 
for  the  benefit  of  the  creditors  of  said  corporation. 

Deposit,  increase  and  decrease  of. 

§  9.  So  long  as  the  corporation  so  depositing  shall  continue  solvent,  such  corpora- 
tion shall  be  permitted  to  receive  from  said  treasurer  the  interest  or  dividends  on  said 
deposit;  provided,  however,  that  when  it  shall  appear  to  the  board  of  bank  commis- 
sioners, from  the  semi-annual  report  of  any  such  corporation,  that  the  value  of  the 
personal  property  and  cash  held  and  possessed  by  such  corporation,  by  virtue  of  the 
provisions  of  this  act  and  any  amendment  thereof,  exceeds  ten  times  the  amount  of  the 
deposit  aforesaid,  said  board  shall  require  said  corporation  to  forthwith  increase  its 
said  deposit  to  the  sum  of  five  hundred  thousand  dollars  in  such  securities.  And  when- 
ever it  shall  appear  to  said  board  that  the  amount  of  personal  property  and  cash  so 
held  by  any  such  corporation  has  been  reduced  below  ten  times  the  value  of  its  original 
deposit  above  provided  for,  and  said  corporation  is  not  in  any  default  in  its  duties  and 
obligations  hereunder,  they  shall  allow  such  corporation  to  reduce  its  said  deposit  to 
the  sum  of  two  hundred  thousand  dollars,  by  the  withdrawal  of  such  additional  deposit, 
until  such  time  as  an  increase  in  its  holdings  shall  again  require  an  additional  deposit, 
as  hereinbefore  provided. 

Abstracts  of  title. 

^  10.  When  any  part  of  such  deposit  is  made  in  bonds  and  mortgages,  it  shall  be 
accompanied  by  full  abstracts  of  titles  and  searches,  and  shall  be  examined  and 
approved  by  or  under  the  direction  of  the  said  board.  The  fees  for  an  examination  of 
title  by  counsel,  to  be  paid  by  the  corporation  making  the  deposit,  shall  not  exceed 
twenty  dollars  for  each  mortgage,  and  the  fee  for  each  appraiser,  not  exceeding  two, 
besides  expenses,  shall  be  five  dollars  for  each  mortgage. 

Certificate  of  authority. 

§  11.  It  shall  not  be  lawfijl  for  any  such  corporation  to  accept  any  trust  or  deposit, 
as  hereinbefore  provided,  after  the  passage  of  this  act,  Avithout  first  procuring  from 
the  board  of  bank  commissioners  a  certificate  of  authority,  stating  that  such  corpora- 
tion has  complied  with  the  requirements  of  this  act  in  respect  to  such  deposit. 


Act  1034,  §§  12-17  GBNERAL  LA^VS.  430 

Semi-annual  statement. 

^  12.  Such  corporation  shall  file  with  the  said  board  of  bank  commissioners,  during 
the  months  of  January  and  July  of  each  year,  a  statement,  under  oath,  of  the  condition 
of  such  corporation  at  the  close  of  business  on  the  thirty-fii'st  day  of  December  and  the 
thirtieth  day  of  June,  respectively,  next  preceding,  showing  its  financial  condition. 
Also,  a  list  and  brief  description  of  the  trusts  held  by  such  corporation,  the  source  of 
the  appointment  thereto,  and  the  amount  of  real  and  personal  estate  held  by  such 
corporation  by  virtue  thereof,  excejit  that  mere  mortgage  trusts,  wherein  no  action  has 
been  taken  by  such  corporation,  shall  not  be  included  in  such  statement.  The  said 
statement  shall  also  be  in  such  form,  and  contain  such  reports,  returns,  and  informa- 
tion, as  to  the  affairs,  business,  condition,  and  resources  of  the  corporation,  as  the  said 
board  may  from  time  to  time  prescribe  and  require. 

Verification  of  statement. 

$  13.  Such  statement  shall  be  verified  by  the  aflSdavit  of  one  of  the  managing  officers 
and  two  of  the  directors  or  trustees  of  such  corporation,  who  shall  also  state  in  such 
affida^dt  that  they  have  examined  the  assets  and  books  of  such  corporation  for  the 
purpose  of  making  such  statement.  Any  false  swearing  in  regard  to  such  statement 
shall  be  deemed  perjury,  and  shall  be  subject  to  the  punishment  prescribed  by  law  for 
such  offense. 

Duty  of  bank  commissioners. 

§  14.  The  said  board  of  bank  commissioners  are  hereby  authorized  and  empowered 
to  address  any  inquiries  to  any  such  coriDoration,  or  the  officers  thereof,  in  relation  to 
its  doings  and  conditions,  or  any  other  matter  connected  with  its  affairs;  and  it  shall  be 
the  duty  of  any  such  corporation  or  person  so  addressed  to  promptly  reply,  in  writ- 
ing, to  such  inquiries;  and  they  may  also  require  reports  from  any  such  corporation  at 
any  time  they  may  deem  desirable.  It  shall  be  the  duty  of  one  or  more  of  the  bank 
commissioners,  as  designated  by  the  commissioners,  annually,  or  as  often  as  in  their 
judgment  they  may  deem  it  necessary,  without  previous  notice,  to  visit  and  to  make 
personal  examination  of  the  solvency  of  any  such  corporation,  its  ability  to  fulfill  all 
its  obligations,  and  report  its  condition  to  the  attorney -general  as  soon  as  may  be  after 
such  examination. 

$  15.     [No  section  numbered  15.] 

Administering  oaths  and  examining  vsitnesses. 

§  16.  Such  commissioners  shall  have  power  to  administer  an  oath  to  any  person 
whose  testimony  may  be  required  on  any  such  examination,  and  to  compel  the  appear- 
ance and  attendance  of  any  such  person,  for  the  purpose  of  examination,  by  summons, 
subpoena,  or  attachment,  in  the  matter  now  authorized  in  respect  to  the  attendance  of 
persons  as  witnesses  in  courts  of  record  in  this  state;  and  all  books  and  papers  which 
may  be  deemed  necessary  to  examine  by  the  commissioners  shall  be  produced,  and 
their  production  may  be  compelled  in  like  manner. 

Duty  when  corporation  violates  law. 

§  17.  Whenever  it  shall  appear  to  the  board  of  bank  commissioners,  from  any  such 
examination  or  report,  that  any  such  corporation  has  committed  any  violation  of  law, 
or  is  conducting  its  business  in  an  unsafe  or  unauthorized  manner,  they  shall,  by  an 
order  under  their  hands,  direct  the  discontinuance  of  such  illegal  and  unsafe  or  unau- 
thorized practice,  and  strict  conformity  with  the  requirements  of  the  law,  and  with 
safety  and  security  in  its  transactions ;  and  whenever  any  such  corporations  shall  refuse 
or  neglect  to  make  any  such  report  as  hereinbefore  required,  or  to  comply  with  any 
such  order  as  aforesaid,  or  whenever  it  shall  appear  to  the  said  board  that  it  is  unsafe 


431  CORPORATIOXS.  Act  1034,  §8 18-23 

or  inexpedient  for  any  such  corporation  to  continue  to  transact  business,  they  shall 
communicate  the  facts  to  the  attorney-general,  who  shall  thereupon  institute  such  pro- 
ceedings against  the  corporation  as  the  nature  of  the  case  may  require. 

False  statement  revokes  authority. 

$  18.  If  the  board  of  bank  commissioners  shall,  at  any  time,  have  satisfactoiy  evi- 
dence that  any  semi-annual  statement  or  other  report  required  or  authorized  by  this 
act,  made  or  to  be  made  by  any  officer  or  officers  of  such  corporation,  is  false,  it  shall 
be  the  duty  of  the  said  board  to  immediately  revoke  the  certificate  of  authority  granted 
on  behalf  of  such  corporation,  and  mail  a  copy  of  such  revocation  to  said  corporation 
and  to  the  clerk  of  every  court  of  record  in  this  state.  Such  revocation  shall  not  be 
set  aside  until  satisfactory  evidence  shall  be  given  to  said  board  of  bank  commissioners 
that  such  corporation  is  in  substance  and  in  fact  m  the  condition  set  forth  in  such 
statement  or  report,  and  that  all  the  requirements  of  this  act  have  been  complied  with. 
Such  revocation  shall  be  sufficient  cause  for  the  removal  of  such  corporation  from  any 
appointment  held  by  it  under  the  provisions  of  this  act. 

Retirement  from  business. 

^  19.  Any  corporation  which  desires  to  retire  from  business  under  this  act,  shall 
furnish  to  the  board  of  bank  commissioners  satisfactory  evidence  of  its  release  and 
discharge  from  all  the  obligations  and  trusts  hereinbefore  provided  for;  whereupon, 
they  shall  revoke  their  certificate  to  such  corporation,  and  thereupon  the  treasurer  of 
state  shall  return  to  said  eorpoi'ation  all  its  securities. 

Conflicting  acts  repealed. 

$  20.  All  laws  and  parts  of  laws  in  conflict  with  the  provisions  of  this  act  are  hereby 
repealed. 

Time  of  taking  effect. 

^  21.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

Communications  confidential. 

$  22.  Any  corporation  exercising  the  powers  and  performing  the  duties  provided  foi 
in  said  act,  shall  keep  inviolate  all  communications  confidentially  made  to  it  touch 
ing  the  existence,  condition,  management,  and  administration  of  any  trusts  confided  tt- 
it;  and  no  creditor  or  stockholder  of  any  such  corporation  shall  be  entitled  to  dis- 
closure of  any  such  communication;  provided,  however,  that  the  president,  manager 
and  secretary  of  such  corporation  shall  be  entitled  to  knoAvledge  of  such  communica- 
tion; and  provided  further,  that  in  any  suit  or  proceeding  touching  the  existence,  con- 
dition, management  or  administration  of  such  trust,  the  court  wherein  the  same  is 
pending  may  require  disclosure  of  any  such  communication.  [New  section.  Added 
March  20, 1903.     Stats.  1903,  p.  244.] 

Word  "trust."     Use  prohibited  when. 

^  23.  The  use  of  the  word  "trust"  in  combination  or  in  connection  with  the  wovd 
"company,"  "corporation,"  "incorporation,"  "association,"  "society,"  "organiza- 
tion," or  "syndicate,"  is  hereby  prohibited  to  all  persons,  firms,  associations,  com- 
panies or  corporations,  other  than  corporations  provided  for  by  a  certain  act  of  the 
legislature  entitled:  "An  Act  authorizing  certain  corporations  to  act  as  executor  and 
in  other  capacities  and  to  provide  for  and  regulate  the  administration  of  trusts  by  such 
corporations,"  approved  April  6,  1891,  and  any  person,  firm,  association,  company  or 
corporation  which  uses  the  word  "trust"  in  combination  with  or  in  connection  with  the 
word  "company,"  "corporation,"  "incorporation,"  "association,"  "society,"  "or- 
ganization" or  "syndicate"  as  the  name  under  which  business  is  done  or  transacted, 


Act  1038 


GEXERAI.   LAWS. 


shall  be  subject  to  the  provisions  of  the  act  last  referred  to  and  to  the  supervision  of 
the  bank  commissioners  as  required  by  the  said  act.  Any  person,  firm,  association, 
company  or  corporation  making  use  of  the  word  "trust"  in  combination  or  in  con- 
nection with  the  word  "company,"  "con^oration,"  "incorporation,"  "association," 
"society,"  "organization"  or  "syndicate"  in  the  manner  hereinabove  mentioned  in 
the  transaction  of  business  and  not  subject  to  the  provisions  of  said  act  and  the  super- 
I  vision  of  the  bank  commissioners  as  in  said  act  provided  shall  forfeit  for  each  day  the 
offense  is  committed,  the  sum  of  one  hundred  dollars  to  be  recovered  by  the  bank  com- 
missioners of  the  state  of  California  in  the  manner  provided  by  law.  [New  section. 
Added  March  18,  1905.     Stats.  1905,  p.  232.] 


1.  ConHtltutionality  —  Special  leRUlntlon 
— I  niforniity    of    operation. — The    ac^  is    not 

special  le&islatlon,  and  is  not  objectionable 
on  the  ground  of  want  of  uniformity  in  Its 
operation. — Estate  of  Kilborn,  5  Cal.  App. 
161,   164.   89  Pac.  985. 

2.  Spcfial  proceeding  not  provided — "As 
hereinafter  provided." — This  phrase  in  sec- 
tion 7  seems  to  have  no  application,  for  the 
statute  does  not  provide  a  special  proceed- 
ing in  court  to  determine  as  to  the  sale, 
transfer  or  disposal  of  the  bonds  or  pro- 
ceeds thereof. — Spalding  Co.  v.  Roberts,  170 
Cal.  175,  176,  149  Pac.  41. 

3.  Incorporation  as  trustee  corporation — 
Retarn  of  bond  deposit. — A  trustee  corpora- 
tion under  the  act  is  not  entitled  to  have 
the  return  of  the  bonds  deposited  with  the 
state  treasurer  until  it  divests  itself  of  its 
powers  to  act  as  trustee. — Spalding  Co.  v. 
Roberts,  170  Cal.  175,  178,  149  Pac.  41. 

4.  In.iolvent  trust  corporation — Set-off. — 
An  administratrix  of  an  estate  has  a  right 
of  set-off  against  an  insolvent  trust  corpo- 
ration, growing  out  of  a  deposit  of  funds  of 
her  estate  prior  to  insolvency,  against  an 
allowed  claim  against  the  estate  founded 
upon  a  debt  due  the  insolvent  by  the  de- 
cedent.— People  V.  California,  etc.,  Co.,  168 
Cal.   241,  L.  R.  A.  1915A,  299,  141  Pac.  1181. 

5.  Intervention  In  Insolvency  proceedings 
— Jurisdiction  of  court. — Where  a  court  has 
control  of  the  insolvent  estate  of  a  trust 
company  for  the  purpose  of  liquidating  and 
settling  sucn  estate,  it  has  jurisdiction  of  a 
claim  for  a  set-off  growing  out  of  a  deposit 
of  the  funds  of  the  estate  of  a  deceased  per- 
son, against  a  claim  of  the  insolvent  based 
upon  a  debt  due  from  the  decedent  in  his 
lifetime,  and  intervention  was  a  proper  pro- 
ceeding, and  the  administratrix  is  not  re- 
quired to  maintain  a  separate  action  against 
the  receiver,  nor  pay  her  debt  In  full  and 
accept  a  pro  rata  distribution  on  her  de- 
posit claim. — People  v.  California,  etc.,  Co., 
168  Cal.  241,  L.  R.  A.  1915A.  299.  141  Pac. 
1181. 

6.  Letter*  testamentary  to  corporation 
were  properly  granted  as  a  coe.xecutor, 
where   it  was   qualified   to  act   by   the  terms 


of  its  articles  of  Incorporation,  and  the  con- 
ditions required  by  the  act  had  been  com- 
piled with,  in  the  absence  of  objections  on 
the  ground  of  want  of  solvency  or  financial 
responsibility. — Bstate  of  Kilborn,  5  Cal. 
App.  161,  89  Pac.  985. 

7.  Tru.st. — Deposit  of  funds  of  minor's 
estate,  made  under  the  terms  of  a  will  and 
of  the  decree  of  distribution,  with  a  corpo- 
ration authorized  under  the  terms  of  the  act 
to  act  as  trustee,  is  a  trust,  and  is  protected 
by  the  deposit  of  bonds  with  the  state  treas- 
urer.— People  V.  California,  etc..  Co.,  22  Cal. 
App.  69,  133  Pac.  324;  Wickersham  v.  Cali- 
fornia, etc.,  Co..  22  Cal.  App.  69.  133  Pac. 
324. 

8,  Section  1348,  Code  Civil  Procedure. — In 
I  1348  of  the  Code  of  Civil  Procedure,  it  is 
provided  that  corporations  authorized  by 
their  articles  of  Incorporation  to  act  as  ex- 
ecutor, administrator,  guardian  of  estates, 
assignee,  receiver,  depositary,  or  trustee, 
and  having  a  paid-up  capital  of  not  less 
than  two  hundred  and  fifty  thousand  dol- 
lars, of  which  one  hundred  thousand  dollars 
shall  have  been  actually  paid  in  in  cash, 
may  be  appointed  to  act  in  such  capacity  in 
like  manner  as  individuals.  In  all  cases 
in  which  it  is  required  that  an  executor, 
administrator,  guardian,  assignee,  receiver, 
depositary,  or  trustee,  shall  qualify  by  tak- 
ing and  subscribing  an  oath,  or  in  which  an 
affidavit  is  required,  it  shall  be  a  sufficient 
qualification  by  such  corporation,  if  such 
oath  shall  be  taken  and  subscribed,  or  such 
aflldavit  made,  by  the  president  or  secretary 
or  manager  thereof;  and  such  officer  shall 
be  liable  for  the  failure  of  such  corporation 
to  perform  any  of  the  duties  required  by 
law  to  be  performed  by  individuals  acting 
in  like  capacity  and  subject  to  like  penal- 
ties; and  such  corporation  shall  be  liable 
for  such  failure  to  the  full  amount  of  its- 
capital  stock  and  upon  the  bond  required 
upon  its  assuming  the  trusts  provided  for 
herein. 

As  to  power  of  trust  companies  to  act  as 
administrator  and  executor,  guardian,  surety, 
etc.,  see  monographic  note  by  J.  H.  Hill,  48 
L.  R.  A.  587-593;  52  L.  R.  A.  469. 


FOR  THE  PROTECTION  OF  STOCKHOLDERS,  ETC. 

ACT  1035 — An  act  to  protect  stockholders  and  persons  dealing  with  corporations  in 

this  state. 

History:     Approved  March  2rt,  1878,  Stats.  1877-78,  p.  695.     Amended 
March  22,  1905,  Stats.  1905,  p.  7S6. 


433  CORPORATIONS.  Acts  1036. 103T 

Corporations,  false  reports  of  officers  of. 

§  1.  Any  superintendent,  director,  secretary,  manager,  agent,  or  other  officer,  of 
any  corporation  formed  or  existing  under  the  laws  of  this  state,  or  transacting  busi- 
ness in  the  same,  and  any  person  pretending  or  holding  himself  out  as  such  super- 
intendent, director,  secretary,  manager,  agent  or  other  oflScer,  who  shall  willfully 
subscribe,  sign,  indorse,  verify,  or  otherwise  assent  to  the  publication,  either  generally 
or  privately,  to  the  stockholders  or  other  persons  dealing  with  such  corporation,  or  its 
stock,  any  untrue  or  willfully  and  fraudulently  exaggerated  report,  prospectus,  account, 
statement  of  operations,  values,  business,  profits,  expenditures  or  prosjDects,  or  other 
paper  or  document  intended  to  produce  or  give,  or  having  a  tendency  to  produce  or 
give,  to  the  shares  of  stock  in  such  corporation  a  greater  value  or  less  apparent  or 
market  value  than  they  really  possess,  or  with  the  intention  of  defrauding  any  par- 
ticular person  or  persons,  or  the  public,  or  persons  generally,  shall  be  deemed  guilty 
of  a  felony,  and  on  conviction  thereof,  shall  be  punished  by  imprisonment  in  state 
prison  or  a  county  jail  not  exceeding  two  years,  or  by  fine  not  exceeding  five  thousand 
dollars,  or  by  both.     [Amendment  of  March  22,  1905.     Stats.  1905,  p.  786.] 

$  2.     All  acts  and  parts  of  acts  in  conflict  with  this  act  are  hereby  repealed. 

1.     Constitutionality — Original   act   consti-  73  Pac.  187;  People  v.  Gates,  142   Cal.   12,   75 

tutional. — Even  though  the  amendatory  act  Pac.   3  37. 

might  be  unconstitutional  under  the  consti-  3.     Title   of   amendatory    act. — The    act    Is 

tution    of    1879,    the    original    act    was    valid  not  invalid   on   the   ground   that   the  subject 

under    the    constitution    of    1849,     and    the  thereof  is  not  sufficiently  stated  in  the  title, 

amendatory  act  recites  the  original  act,  and  the  body  of  the  act  being  wholly  penal  and 

re-enacts    it    with    amendments,    and    thus  not  being  germane  to  the  subject  of  protect- 

complies   fully   with   constitutional   require-  ing   stockholders   and   persons   dealing   with 

ments  as  to  amendments. — People  v.  Merritt,  corporations. — People     v.     Merritt,     18     Cal. 

18  Cal.  App.  58,  122  Pac.  839,  844.  App.   58,   122  Pac.   839,  844. 

See,  also.  People  v.  Parvin,  74  Cal.  549,  16  3.     Code  provision. — This  act  was  approved 

Pac.  490;   Francais  v.  Somps,   92  Cal.   505,   28  the   day   after   §  564   of   the   Penal   Code   was 

Pac.  592;  Beach  v.  Von  Detten,  139  Cal.  462,  amended  to   include  substantially  the  same 

provisions. — See  Kerr's  Cyc.  Penal  Code,  §  564. 

PAYMENT  OF  EMPLOYEES  OF  CORPORATIONS. 

ACT  1036 — An  act  requiring  corporations  to  pay  their  employees  at  least  once  a  month. 

History:     Approved  March  29,  1897,  Stats.  1897,  p.  231. 

See,  post.  Act  1037.  clause  of  the  constitution. — Skinner  v.  Gar- 

This    act    provided    for    the    payment    of  nett  G.  M.  Co.,  96  Fed.  735. 

wages  at  least  once  a  month,  and  gave  the  3.     Same. — The  act  is  not  unconstitutional 

employee  a  lien  for  the  same.  as   a   denial   of   the   equal    protection    of   the 

1.  Constitutionality. — This  act  Is  discrim-  laws. — Skinner  v.  Garnett  G.  M.  Co.,  96  Fed. 
Inatory,   creates  an   unreasonable   classiflca-  735. 

tion,  infringes  the  right  of  person  to  make  4.     Same. — The  act  is  not  unconstitutional 

and  enforce  their  own  contracts,  denies   the  on  the  ground  that  it  unjustly  discriminates 

equal  protection  of  the  law,  and  is   uncon-  against  corporations  In  the  matter  of  liens 

stitutional   and   void. — Johnson   v.   Goodyear  for  wages. — Skinner  v.  Garnett  G.  M.  Co.,  96 

Mining  Company.  127  Cal.  4,  78  Am.  St.  Rep.  Fed.  735. 

17,  47  L.  R.  A.  338,  59  Pac.  304.  5.     Same. — The   act    is   not   invalid    on    the 

2.  Same. — The  act  is  not  unconstitutional  ground  that  the  provisions  of  sections  2  and 
as   a   violation    of    the    due    process    of    law  6  are  not  specifically  referred  to  in  the  title. 

— Skinner  v.  Garnett  G.  M.  Co.,  96  Fed.  735. 

PAYMENT  OF  WAGES  OF  EMPLOYEES  OF  CORPORATIONS. 
ACT  1037 — An  act  to  provide  for  the  payment  of  wages  of  mechanics  and  laborers 
employed  by  corporations. 

History:     Approved  March  31,  1891,  Stats.  1891,  p.  195. 

See,  ante.  Act   1036,  notes.  unconstitutional   and   void. — Slocum   v.   Bear 

This    act    provided    for    the    payment    of  Valley,  etc.,  Co.,  122  Cal.  555,  68  Am.  St.  Rep. 

wages,   weekly  or  monthly,  and  gave  a  lien  68,   55   Pac.   403. 

therefor.  See,   also,   Johnson   v.   Goodyear,   etc.,   Co., 

1.     Unconstitutional. — The    act    is    held    to  127  Cal.  4.  20,  78  Am.  St.  Rep.  17,  47  L.  R.  A. 

be  special  legislation,  to  create  an  arbitrary  338,  59  Pac.  304. 

and    unreasonable    classification    and    to    be  2.     Lien    for    naees. — Under    this    act    the 

Gen.  Laws— 28 


Act  1041,  §  1  Gli.MORAL,   LAWS.  434 

wages  must  be  shown  to  be  payable  weekly  Preferred  clniin   for  wa^ett. — See   tit.   "La- 

or  monthly  to  entitle  the  employee  to  a  lien  bor  Bureau,"   Act  2404. 

therefor. — Spauldin^    v.    Mammoth,    etc.,    Co.,  3.     Not     within    terms    of    statute. — Upon 

5    Cal.    Unrep.    712,    49    Pac.    183;    Kuschel   v.  the    case    shown    it    was    held    that    plaintiff 

Hunter,  5  Cal.  Unrep.  793,  50  Pac.  397.  had    not   brought   himself   within    the   terms 

See,  also.  Keener  v.  Eagle  Lake,  etc.,  Co.,  of    the    statute    creating    a    lien    for    wages 

•  110    Cal.    627,    43    Pac.    14;    Ackley    v.    Black  payable    weekly    or    monthly. — Spaulding    v. 

Hawk,  etc.,  Co.,  112  Cal.  42,  44  Pac.  330.  Mammoth,   etc.,   Min.   Co.,   5  Cal.  Unrep.   712, 

49  Pac.  183. 

FOREIGN  CORPORATIONS  ACT. 
ACT   1041 — An  act  prescribing  terms  and  conditions  upon  which  corporations  may 
transact  "business  in  this  state   and  providing  penalties  and  forfeitures  for  non- 
compliance. 

History:  Approved  May  10,  1915.  In  effect,  see  §19.  Stats.  1915, 
p.  422.  Entire  act  amended  May  11,  1917.  In  effect  immediately. 
Stats.  1917,  p.  371. 

Corporations   must  file   articles   of   incorporation.     Certified   copy  filed  with   county 

clerk.     Affidavit.     Fee. 

$  1.  Every  corporation  organized  under  the  laws  of  another  state,  territory,  or  of 
a  foreign  countrj',  which  is  now  doing  interstate  or  intrastate  business  in  this  state 
or  maintaining  an  oflSce  herein,  and  which  has  not  filed  with  the  secretary  of  state 
prior  to  the  day  on  which  this  act  takes  effect  the  document  or  documents  required 
by  this  section,  or  which  shall  hereafter  do  such  business  in  this  state  or  maintain  an 
office  herein,  or  which  shall  enter  this  state  for  the  purpose  of  doing  such  business 
herein,  must  file  in  the  office  of  the  secretary  of  state  of  the  state  of  California  a 
certified  copy  of  its  articles  of  incorporation,  or  of  its  charter,  or  of  the  statute  or 
statutes,  or  legislative,  or  executive,  or  governmental  act  or  acts  creating  it,  in  cases 
where  it  has  been  created  by  charter,  or  statute,  or  legislative,  or  executive,  or  govern- 
mental act,  duly  certified  by  the  secretary  of  state  or  other  officer  authorized  by  the  law 
of  the  jurisdiction  under  which  such  corporation  is  formed  to  certify  such  copy,  and 
must  also  file  a  certified  copy  thereof,  duly  certified  by  the  secretary  of  state  of  this 
state  in  the  office  of  the  county  clerk  of  the  county  where  its  principal  place  of  business 
in  this  state  is  located,  and  also  where  such  corporation  owns  any  real  property.  With 
such  certified  copy  of  its  articles  of  incorporation,  charter  or  legislative,  executive  or 
governmental  act  creating  it,  such  corporation  shall  also  file  with  the  secretary  of 
state  an  affidavit  sworn  to  by  the  president  or  secretary  of  such  corporation,  which  shall 
state  the  amount  of  such  corporation 's  authorized  capital  stock  at  or  within  fifteen  days 
prior  to  such  filing.  Every  such  corporation  shall  pay  to  the  secretary  of  state  for 
filing  in  his  office  such  certified  copy  of  its  articles  of  incorporation,  or  of  its  charter, 
or  of  the  statute  or  statutes,  or  legislative,  or  executive,  or  governmental  act  or  acts 
c?-eating  it,  a  fee  of  seventy-five  dollars;  provided,  that  foreign  corporations  organized 
for  educational,  religious,  scientific  or  charitable  purposes  and  having  no  capital  stock, 
and  foreign  nonprofit  corporations  shall  pay  a  fee  of  five  dollars  for  filing  the  docu- 
ment or  documents  hereinabove  required. 

Foreign  corporations  must  file  amendment,  etc.    Affidavit  showing  capital  stock. 

Foreign  corporations  shall  also  file  any  amendment  of  or  change  in  any  of  the  provi- 
sions of  its  original  articles  of  incorporation,  or  charter,  or  of  the  statute  or  legislative, 
executive  or  governmental  act  or  acts  creating  it.  Every  foreign  corporation  subject 
to  the  tax  hereinafter  provided  shall  file  with  the  secretary  of  state,  at  the  time  it 
tenders  payment  of  said  tax  and  any  penalty  which  has  accrued,  an  affidavit  sworn 
to  by  its  president  or  secretary,  showing  the  amount  of  its  authorized  capital  stock 
on  the  first  day  of  January  of  the  year  in  which  said  payment  is  made,  and  in  the 
event  that  such  authorized  capital  stock,  as  shown  by  such  affidavit,  differs  from  the 
amount  of  such  cai>ital  stock  as  appears  from  the  records  of  the  secretary  of  state,  then 


435  CORPORATIONS.  Act  1041,  §§  2, 3 

the  tax  hereinafter  provided  shall  be  measured  by  the  amount  of  the  capital  stock 
shown  in  such  aflSdavit.  The  license  hereinafter  required  shall  not  be  issued  nor 
shall  the  amount  so  tendered  be  accepted  until  copies  of  any  documents  relating  to  such 
change  in  authorized  capital  stock,  certified  as  required  by  this  section,  shall  have  been 
filed  with  the  secretary  of  state. 

Representative  of  foreign  corporation. 

Every  foreign  corporation  shall  file  with  the  secretary  of  state  a  designation  of  some 
person  residing  within  this  state  upon  whom  process  issued  by  authority  of  law  may  be 
served  as  the  representative,  for  such  purpose,  of  such  corporation.  A  copy  of  such 
designation  certified  by  the  secretary  of  state  is  sufficient  evidence  of  the  appointment 
of  such  representative.  Such  process  may  be  served  on  the  person  so  designated,  or, 
in  the  event  that  no  such  representative  is  designated,  then  on  the  secretary  of  state, 
and  such  service  shall  be  a  valid  and  binding  service  on  such  corporation. 

Benefit  of  law.  • 

Every  corporation  which  complies  with  the  provisions  of  this  section  is  thereafter 
entitled  to  the  benefit  of  the  laws  of  this  state  limiting  the  time  for  the  commencement 
of  civil  actions,  but  any  corporation  created  by  or  under  the  laws  of  any  foreign  state 
or  country  and  that  has  not  complied  with  this  section  is  not  entitled  to  the  benefit 
thereof,  nor  can  any  such  foreign  corporation  maintain  or  defend  any  action  or  pro- 
ceeding concerning  its  property  in  this  state  or  any  intrastate  business  or  transaction, 
in  any  court  of  this  state  or  acquire  or  convey  any  legal  title  to  any  real  property 
within  this  state.  In  any  action  or  proceeding  instituted  against  any  body  styled  as  a 
corporation,  but  not  created  by  nor  under  the  laws  of  this  state,  evidence  that  such 
body  has  acted  as  a  corporation,  or  employed  methods  usually  employed  by  corpora- 
tions, must  be  received  by  the  court  for  the  pui-pose  of  proving  the  existence  of  such 
corporation,  the  sufficiency  of  such  evidence  to  be  determined  by  the  court  with  like 
effect  as  in  other  cases.  Every  corporation  which  has  complied  with  the  law  requiring 
it  to  make  and  file  a  designation  of  the  person  i;pon  whom  process  against  it  may  be 
sers'^ed,  need  not  make  or  file  any  further  designation.  Any  designation  made  may  be 
revoked  by  the  filing  by  the  corporation  with  the  secretary  of  state  of  a  writing  stating 
such  revocation.  Within  forty  days  after  the  death  or  removal  from  the  state  of  any 
person  designated  by  the  corporation,  or  after  the  revocation  of  the  designation,  the 
corporation  must  make  a  new  designation,  or  be  subject  to  the  provisions  and  penalties 
of  this  section;  provided,  however,  that  any  foreign  corporation  which,  prior  to  the 
eighth  day  of  March,  one  thousand  nine  hundred  one,  shall  have  complied  with  the 
provisions  of  the  act  entitled,  "An  act  to  amend  'An  act  in  relation  to  foreign  corpo- 
rations,' approved  April  first,  one  thousand  eight  hundred  seventy-two,"  approved 
March  seventeenth,  one  thousand  eight  hundred  ninety-nine,  shall,  in  lieu  of  the  pro- 
visions of  this  section  above  set  forth,  file  the  affidavit  and  designation  of  representa- 
tive herein  required  and  the  license  tax  due  from  such  corporation  shall  be  measured 
by  the  authorized  capital  stock,  as  sho^vn  thereby. 

Fees. 

§  2.  Upon  filing  in  the  oflBce  of  the  secretary  of  state  the  certified  copy  of  articles 
of  incorporation  of  corporations  organized  under  the  laws  of  this  state,  there  shall  be 
paid  to  the  secretary  of  state  the  fees  prescribed  therefor  by  section  four  hundred  nine 
of  the  Political  Code. 

Annual  license.     Tax. 

^  3.  Except  those  corporations  hereinafter  specified,  every  corporation  incorporated 
under  the  laws  of  this  state,  and  every  corporation  incorporated  under  the  laws  of  any 
other  state,  territory,  or  foreign  country  now  doing  intrastate  business  within  this  state, 


Act  1041,  §§4, 5  GENERAL   LAWS.  43C 

or  which  shall  hereafter  engage  in  intrastate  business  in  this  state,  shall  procure 
annually  from  the  secretary  of  state  a  license  authorizing  the  transaction  of  such 
business  in  this  state,  and  pay  therefor  the  license  tax  prescribed  herein. 

For  the  purpose  of  measuring  said  tax  the  secretary  of  state  shall  examine  all  articles 
of  incorporation  and  all  docunxents  on  file  in  his  office  relating  to  an  increase  or  decrease 
in  the  authorized  capital  stock  of  corporations  which  are  subject  to  said  tax,  and 
determine  the  amount  due  from  each  corporation  by  the  following  i^le: 

Determination  of  tax. 

When  the  authorized  capital  stock  of  the  corporation  does  not  exceed  ten  thousand 
dollars,  the  tax  shall  be  ten  dollars;  when  the  authorized  capital  stock  exceeds  ten 
thousand  dollars,  but  does  not  exceed  twenty  thousand  dollars,  the  tax  shall  be  fifteen 
dollars;  when  the  authorized  capital  stock  exceeds  twenty  thousand  dollars  but  does 
not  exceed  fifty  thousand  dollars,  the  tax  shall  be  twenty  dollars;  when  the  authorized 
capital  stock  exceeds  fifty  thousand  dollars  but  does  not  exceed  one  hundred  thousand 
dollars,  the  tax  shall  be  twenty-five  dollars;  when  the  authorized  capital  stock  exceeds 
one  hundred  thousand  dollars  but  does  not  exceed  two  hundred  fifty  thousand  dollars, 
the  tax  shall  be  fifty  dollars;  when  the  authorized  capital  stock  exceeds  two  hundred 
fifty  thousand  dollars  but  does  not  exceed  five  hundred  thousand  dollars,  the  tax  shall 
be  seventy-five  dollars;  when  the  authorized  capital  stock  exceeds  five  hundred  thousand 
dollars  but  does  not  exceed  one  million  dollars,  the  tax  shall  be  one  hundred  dollars; 
when  the  authorized  capital  stock  exceeds  one  million  dollars  but  does  not  exceed  three 
million  dollars,  the  tax  shall  be  two  hundred  dollars;  when  the  authorized  capital  stock 
exceeds  three  million  dollars  but  does  not  exceed  five  million  dollars,  the  tax  shall  be 
three  hundred  fifty  dollars;  when  the  authorized  capital  stock  exceeds  five  million 
dollars  but  does  not  exceed  seven  million  five  hundred  thousand  dollars,  the  tax  shall  be 
five  hundred  fifty  dollars;  when  the  authorized  capital  stock  exceeds  seven  million  five 
hundred  thousand  dollars  but  does  not  exceed  ten  million  dollars,  the  tax  shall  be  eight 
hundred  dollars;  when  the  authorized  capital  stock  exceeds  ten  million  dollars,  the  tax 
shall  be  one  thousand  dollars;  when  the  capital  stock  of  any  corporation  has  no  par 
value  the  tax  shall  be  one  hundred  dollars;  when  part  of  the  capital  stock  of  any  corpo- 
ration has  a  par  value  and  a  part  of  such  stock  has  no  par  value,  the  tax  shall  be  com- 
puted upon  such  par  value  stock  in  accordance  vtdth  the  admeasurement  schedule  herein 
established,  to  which  sum  shall  be  added  the  sum  of  fifty  dollars.  Building  and  loan 
companies  and  associations  shall  pay  an  annual  license  tax  of  ten  dollars. 

Tax  on  corporations  having  no  capital  stock. 

All  corporations  having  no  capital  stock,  but  organized  for  profit,  shall  pay  an  annual 
tax  of  ten  dollars.  Said  license  tax  shall  be  due  and  payable  to  the  secretary  of  state 
on  the  first  day  of  January  of  each  and  every  year.  Such  license  tax  shall  be  paid  on 
or  before  the  hour  of  six  o'clock  p.  m.  of  the  first  Monday  of  February  of  each  year  and 
if  not  so  paid  shall  at  said  hour  become  delinquent  and  there  shall  thereupon  be  added 
thereto  as  a  penalty  for  such  delinquency  the  sum  of  ten  dollars. 

Tax  authorizes  transaction  of  business. 

^  4.  The  license  herob.y  provided  authorizes  the  domestic  corporations  holding  the 
same  to  transact  business  in  this  state,  and  authorizes  foreign  corporations  to  transact 
intrastate  business  in  this  state,  during  the  year  or  any  fractional  part  of  such  year  for 
which  such  license  is  issued.  "Year"  within  the  meaning  of  this  act,  means  from  and 
including  the  first  day  of  January  to  and  including  the  thirty-first  day  of  December 
next  thereafter. 

License  tax  for  part  of  year. 

$  5.  At  the  time  any  corporation  subje-'t  to  the  license  tax  provided  herein  shall  file 
certified  copy  of  articles  of  incorporation,  or  charter,  or  statute  or  statutes,  or  legis- 


4Sr  CORPORATIONS.  Act  1041,  §§  6-S 

lative,  or  executive  or  governmental  act  or  acts  creating  a  corporation,  when  filed 
between  the  first  day  of  January  and  the  thirty-first  day  of  December,  inclusive,  in 
any  year,  there  shall  be  paid  to  the  secretary  of  state,  in  addition  to  all  other  fees 
required  by  law,  that  proportion  of  the  license  tax  specified  in  section  three  of  this  act 
which  the  unexpired  number  of  months  of  such  year  bears  to  the  entire  year  including 
the  month  in  which  such  filing  occurs,  and  thereupon  the  secretary  of  state  shall  issue 
a  license  for  such  fractional  part  of  the  then  current  ye£lr. 

Corporations  exempt. 

§  C.  Corporations  organized  and  conducted  solely  and  exclusively  for  educational, 
religious,  scientific  or  charitable  purposes,  corporations  which  are  not  organized  or  con- 
ducted for  profit,  corporations  organized  under  the  laws  of  any  other  state,  territory 
or  foreign  country  doing  solely  and  exclusively  an  interstate  or  foreign  business,  and 
those  coi-porations  taxed  under  subdivisions  (a),  (b)  and  (c)  of  section  fourteen  of 
article  XIII  of  the  constitution,  are  exempt  from  payment  of  the  tax  provided  by  sec- 
tion three  of  this  act. 

"Corporation  license  tax  exemption  board."    Protest.    Contents. 

$  7.  The  secretary  of  state,  state  controller  and  members  of  the  state  board  of 
control  shall  be  and  are  hereby  constituted  the  "corporation  license  tax  exemption 
board."  Except  in  cases  where  articles  of  incorporation  .are  filed  in  the  month  of 
December,  every  corporation  claiming  exemption  from  the  pajnnent  of  the  annual 
license  tax  prescribed  by  this  statute  must  file  with  said  board,  at  least  thirty  days 
before  such  license  tax  becomes  due  and  payable,  a  written  protest  in  which  shall  be 
set  forth  all  facts  and  reasons  upon  which  such  exemption  claim  is  made.  Such  pro- 
test shall  contain  a  concise  statement  of  the  nature,  character  and  manner  of  doing 
business  by  such  corporation,  together  with  any  other  data  illustrating  the  method  of 
doing  such  business  and  the  places  in  which  such  business  is  transacted  within  this  state. 
Such  corporation  shall  furnish  to  said  board  such  other  or  additional  information  as 
may  be  required  by  said  board.  Such  application  shall  be  sworn  to  by  the  president, 
secretary  or  general  manager,  or  authorized  agent  of  such  coi-poration.  Failure  to 
protest  in  the  manner  and  within  the  time  herein  prescribed  shall  constitute  a  waiver 
of  all  rights  of  exemption  from  said  tax;  provided,  however,  that  the  coi'poration 
license  tax  exemption  board  shall  have  the  power,  irrespective  of  such  protests  to 
grant  such  exemption  in  the  case  of  corporations  mentioned  in  section  six  of  this  act. 

Corporations  excepted. 

The  provisions  of  this  section  with  respect  to  filing  written  claim  of  exemption,  shall 
not  apply  to  educational,  religious,  scientific  or  charitable  corporations,  specified  in 
section  six  of  this  act  nor  to  corporations  taxed  under  subdivisions  (a),  (b)  and  (c) 
of  section  fourteen,  article  XIII  of  the  constitution  of  this  state. 

Tax  exemption  determined  before  filing  articles  of  incorporation. 

^  8.  Before  filing  a  certified  copj'  of  the  articles  of  incorporation  of  any  domestic 
corporation  in  the  office  of  the  secretary  of  state,  and  before  any  foreign  corporation 
files  with*  the  secretary  of  state  the  document  or  documents  required  by  section  one  of 
this  act,  said  articles  of  incorporation  or  said  documents  shall  be  submitted  to  said 
coi'poration  license  tax  exemption  board,  which  board  shall  determine  the  question  of 
whether  such  corporation  is  exempt,  under  any  of  the  provisions  of  this  act,  from  the 
license  tax  imposed  hereby. 

All  claims  or  applications  for  exemption,  under  this  and  the  preceding  section 
together  with  all  evidence  and  proofs  submitted  therewith,  shall  be  considered  by  such 
license  tax  exemption  board,  which  shall  determine  the  question  of  such  exemption. 


Act  1041,  §§  9-11  GENERAL   LAWS.  438 

The  determination  of  such  corporation  license  tax  exemption  board  upon  all  questions 
of  fact,  with  respect  to  such  claims  of  exemption,  shall  be  final  and  conclusive. 

Notice  of  time  when  tax  payable.    Notice  of  delinquency.    Notice  of  suspension  or 

forfeiture. 

^  9.  On  or  before  the  first  day  of  December  of  each  year  the  secretary  of  state  shall 
mail  a  notice  to  every  corporation  subject  to  the  tax  imposed  by  this  act,  notifying  such 
corporations  of  the  time  when  such  tax  shall  be  due  and  payable,  when  delinquent,  and 
r>f  the  penalties  for  delinquency  and  non-payment.  Immediately  after  the  first  Monday 
in  February  of  each  year  the  secretary  of  state  shall  mail  a  notice  to  every  corporation 
subject  to  the  tax  imposed  by  this  act  and  which  has  failed  to  pay  the  same,  notifying 
such  corporation  of  its  delinquency  and  the  penalties  therefor.  Within  ten  days  after 
the  Saturday  preceding  the  first  Monday  in  March  of  each  year  the  secretary  of  state 
shall,  by  registered  mail,  notify  every  corporation  subject  to  the  tax  imposed  by  this 
net  and  which  has  failed  to  pay  the  same,  that  such  corporation  has  been  recorded  by 
him  as  a  "suspended"  or  "forfeited"  corporation  in  accordance  with  the  provisions  of 
this  act,  and  that  such  suspension  or  forfeiture  may  be  removed  by  complying  with  the 
provisions  of  this  act.  Mailing  by  the  secretary  of  state  to  any  corporation  of  any  of 
the  notices  required  by  this  section  shall  not  be  a  jurisdictional  prerequisite  to  the 
accrual  of  any  forfeiture  provided  by  this  act,  or  to  the  suspension  of  the  corporate 
powers  of  anj"-  delinquent  corporation  and  the  officers  thereof  hereinafter  provided,  nor 
be  held  to  be  an  essential  prerequisite  to  the  imposition  of  such  or  any  other  penalties 
for  delinquency  and  nonpayment. 

License  tax  lien. 

§  10.  The  license  tax  due  from  any  corporation  subject  to  the  provisions  of  this 
act  is  a  lien  upon  the  real  property  of  such  corporation  from  and  after  the  first  day  of 
January  of  each  year  and  until  paid  or  until  the  property  is  sold  for  the  payment 
thereof.  On  or  before  the  first  Monday  in  April  of  each  year  the  secretary'  of  state 
shall  make  a  list  of  all  corporations  subject  to  the  tax  imposed  by  or  that  should  have 
been  paid  under  this  act  and  which  have  failed  to  pay  the  same,  and  transmit  a  certified 
copy  thereof  to  each  county  clerk  and  county  recorder  in  this  state.  Said  county  clerks 
and  county  recorders  shall  file  such  certified  copies  in  their  respective  oflSces  in  such 
manner  that  the  same  shall  be  preserved  in  the  form  of  a  permanent  record  of  such 
office  and  easily  identified  by  and  available  to  the  public.  Said  copies  so  certified  by  the 
secretary  of  state  and  filed  as  herein  provided  shall,  in  the  case  of  each  corporation, 
state  whether  such  corporation  is  a  domestic  or  foreign  corporation  and  specify  the  tax 
and  penalties  which  each  corporation  has  incurred  for  failure  to  pay  the  tax  imposed 
by  this  act.  Such  certified  copies  so  filed  with  either  of  said  county  officers,  or  any  copy 
thereof  certified  by  the  secretary  of  state,  shall  be  received  in  evidence  in  any  court 
in  lieu  of  the  original  record  on  file  with  the  secretary  of  state  and  shall  be  prima  facie 
evidence  of  the  truth  of  all  statements  contained  therein. 

Rights  of  domestic  corporations  suspended.    Right  of  foreign  corporations  forfeited. 

Forfeiture  relieved. 

§  11.  After  six  o'clock  p.  m.  of  the  Saturday  preceding  the  first  Monday  in  March 
in  any  year,  the  corporate  rights,  privileges  and  powers  of  every  domestic  corporation 
which  has  failed  to  pay  the  tax  and  money  penalty  for  uonijayment  thereof  imposed 
by  this  act  shall,  from  and  after  said  hour  of  said  day,  be  suspended,  and  incapable  of 
being  exercised  for  any  purpose  or  in  any  manner,  except  to  execute  and  deliver  deeds 
to  real  property  in  pursuance  of  contracts  therefor  made  prior  to  such  time,  and  to 
defend  in  court  any  action  brought  against  such  eoii:)oration,  until  said  tax  with  all 
accrued  penalties,  taxes  and  charges  due  to  the  state  under  this  act  and  subdivision  (d) 


439  CORPORATIONS.  Act  1041,  g  13 

of  section  fourteen,  article  XIII  of  the  constitution  are  paid  as  hereinafter  jirovided. 
The  right  and  privilege  of  every  foreign  corporation,  'subject  to  the  provisions  of  this 
act,  to  transact  intrastate  business  in  this  state  shall,  for  failure  to  pay  the  tax  and 
money  penalty  for  nonpa^yment  thereof  imposed  by  this  act,  be  forfeited  at  said  hour 
of  said  day,  and  the  secretary  of  state  shall  make  a  record  of  such  forfeiture.  In  the 
case  of  foreign  corporations  such  forfeiture  may  be  relieved  and  the  corporation's 
privilege  to  transact  intrastate  business  in  this  state  restored  in  the  manner  hereinafter 
provided.  After  said  hour  of  said  day  and  until  such  taxes,  penalties  and  charges  are 
paid,  every  person  who  attempts  or  purports  to  exercise  any  of  the  rights,  privileges 
or  powers  of  any  delinquent  domestic  corporation  except  as  permitted  by  this  act,  or, 
who  transacts  or  attempts  to  transact  any  intrastate  business  in  this  state  in  behalf 
of  any  forfeited  foreign  corporation,  shall  be  guilty  of  a  misdemeanor  and  upon  con- 
viction thereof  shall  be  punished  by  a  fine  of  not  less  than  two  hundred  fifty  dollars 
and  not  exceeding  one  thousand  dollars,  or  by  imprisonment  in  the  county  jail  not  less 
than  fifty  days  or  more  than  five  hundred  days,  or  by  both  such  fine  and  imprisoipuent. 
The  jurisdiction  of  such  offense  shall  be  held  to  be  in  any  county  in  which  any  pr.rt  of 
such  attempted  exercise  of  such  powers,  or  any  part  of  such  transaction  of  business  wa? 
had  or  occurred.  Every  contract  made  in  violation  of  this  section  is  hereby  declared 
to  be  void. 

Application  hy  stockholder  or  creditor  to  restore  rights.    Payment  of  additional  amount. 

$  12.  All  corporate  powers,  rights  and  privileges,  suspended  or  forfeited  under  the 
provisions  of  this  act  may  be  revived  and  restored  to  full  force  and  effect  upon  applica 
tion  therefor  by  any  stockholder  or  creditor  thereof  and  upon  payment  of  all  accrued 
taxes  and  penalties  due  to  the  state  under  this  act  and  subdivision  (d)  of  section 
fourteen,  article  XIII  of  the  constitution.  In  case  the  application  for  such  revivor  and 
restoration  is  not  made  during  the  year  in  which  such  suspension  or  forfeiture  occuiTcd, 
slich  application  shall  not  be  granted  nor  a  certificate  of  revivor  issued  to  such  corpora- 
tion until  there  is  paid  to  the  secretary  of  state  in  addition  to  the  tax  and  money  pen- 
alty due  or  that  should  have  been  paid  the  state  under  this  act  and  subdivision  (d)  of 
section  fourteen,  article  XIII  of  the  constitution  for  the  year  in  which  such  suspension 
or  forfeiture  occurred,  a  sum  of  money,  equal  to  the  tax,  without  penalty,  imjDosed  or 
that  should  have  been  paid  under  this  act  during  the  year  in  which  such  suspension  or 
forfeiture  occurred,  for  each  year  succeeding  said  year  in  which  such  suspension  or 
forfeiture  occurred. 

Controller's  certificate. 

Upon  payment  of  all  such  taxes  and  penalties,  and  upon  payment  of  all  other  taxes 
due  the  state  under  subdivision  (d)  of  section  fourteen,  article  XIII  of  the  constitution 
the  state  controller  shall  issue  a  certificate  under  his  seal  evidencing  such  payment  and 
restoration,  which  certificate,  when  recorded  in  the  office  of  any  county  recorder  shall 
constitute  a  release  of  all  existing  liens  for  such  taxes  upon  the  property  of  such  corpo- 
ration. Each  county  recorder  shall  keep  an  index  of  all  such  controller's  certificates 
recorded  by  him.  Upon  presentation  of  such  controller's  certificate  of  revivor  to  anv 
county  clerk  said  officer  shall  make  a  record  thereof  in  his  oflBce  in  a  book  kept  for 
such  puT-pose.  The  record  so  made  by  said  county  clerk  shall  be  prima  facie  evidence 
of  the  restoration  to  such  corporation  of  all  previously  suspended  or  forfeited  rio'hts 
poAvers  and  privileges  unless  it  appears  from  the  records  in  the  office  of  such  county 
clerk  or  of  the  controller  or  secretary  of  state  that  subsequent  to  the  date  of  such  cer- 
tificate of  revivor  the  powers  of  said  corporation  have  been  again  suspended  or  its 
right  to  do  intrastate  business  again  forfeited. 


Act  1041.  §8  13-15  GENERAI,    L.VAVS.  4 

No  dissolution  until  tax  paid. 

^  13.  No  court  shall  have  jurisdiction  to  make  or  enter  any  decree  of  dissolution  of 
any  domestic  corporation  until  all  taxes  and  penalties  due  under  this  act  shall  have 
been  paid. 

Restoration  of  right  under  acts  of  1905  and  1915. 

§  14.  Any  corporation  which  has  heretofore  failed  to  pay  any  license  tax  and  pen- 
alty imposed  under  the  provisions  of  chapter  three  hundred  eighty-six,  statutes  1905, 
and  amendments  thereof,  or  under  chapter  one  hundred  ninety,  statutes  1915,  and  for 
such  nonpayment  suffered  a  forfeiture  of  the  charter  of  such  corporation  or  of  the  right 
to  do  business  in  this  state,  may  be  relieved  of  such  forfeiture,  or  may  be  restored  to 
its  right  to  do  business  in  this  state,  upon  making  application  therefor  in  writing  and 
paying  the  license  tax  and  penalties  prescribed  by  said  act,  for  nonpayment  of  which 
such  forfeiture  occurred.  Application  for  restoration  under  the  provisions  of  this  sec- 
tion shall  be  made  in  writing,  shall  be  signed  by  four-fifths  of  the  surviving  trustees 
or  directors  of  said  corporation,  duly  verified  by  said  trustees  or  directors  and  filed  with 
the  state  controller.  Upon  payment  of  the  moneys  due  this  state  under  the  provisions 
of  said  act  for  the  one  year  in  which  such  forfeiture  occurred,  together  with  any  tax 
levied  in  such  year  under  subdivision  (d)  of  section  fourteen,  article  XIII  of  the  con- 
stitution by  the  state  board  of  equalization,  and  the  license  tax  due  under  the  provisions 
of  this  act,  the  state  controller  shall  issue  a  certificate  of  revivor  to  such  corporation, 
and  thereupon  such  corporation  is  revived  and  its  powers  restored  to  full  force  and 
effect. 

The  revivor  of  a  corporation,  under  the  provisions  of  this  section,  shall  be  without 
prejudice  to  any  action  or  proceeding,  defense  or  right,  which  has  occurred  by  reason 
of  the  original  forfeiture. 

Use  of  new  name. 

In  case  the  name  of  any  corporation  which  has  suffered  the  forfeiture  prescribed  by 
either  of  said  acts  first  in  this  section  above  mentioned,  has  been  adopted  by  any  other 
corporation  since  the  date  of  said  forfeiture,  or  in  case  any  corporation  has  adopted 
subsequent  to  such  forfeiture  any  name  so  closely  resembling  the  name  of  such  reviving 
corporation  as  will  tend  to  deceive,  then  such  reviving  corporation  shall  be  entitled 
to  a  certificate  of  revivor  pursuant  to  the  terras  of  this  section  only  upon  the 
adoption  by  such  corporation  seeking  revivor  of  a  new  name,  and  in  such  case 
nothing  in  this  section  contained  shall  be  construed  as  permitting  such  reviving 
corporation  to  carry  on  any  business  under  its  former  name.  Such  reviving  cor- 
poration shall  have  the  right  to  use  its  former  name  or  take  such  new  name  only 
upon  filing  an  application  therefor  with  the  secretary  of  state,  and  upon  the  issuing  of 
a  certificate  to  such  corporation  by  the  secretary  of  state,  setting  forth  the  right  of 
such  corporation  to  take  such  new  name  or  use  its  former  name  as  the  case  may  be. 
The  secretary  of  state  shall  not  issue  any  certificate  permitting  any  corporation  to  take 
or  use  the  name  of  any  corporation  heretofore  organized  in  this  state  and  which  has  not 
suffered  a  forfeiture  under  either  of  the  acts  in  this  section  first  above  mentioned,  or  to 
take  or  use  a  name  so  closely  resembling  the  name  of  any  corporation  heretofore  oi^an- 
ized  in  this  state  as  will  tend  to  deceive. 

The  provisions  of  title  nine,  part  three  of  the  Code  of  Civil  Procedure,  in  so  far  as 
they  conflict  with  this  section  of  this  act  are  not  applicable  to  corporations  seeking 
revivor  under  this  act. 

Surrender  of  right  to  engage  in  intrastate  business. 

§  15.  Any  foreign  corporation  may  surrender  its  right  to  engage  in  intrastate  busi- 
ness in  this  state  by  filing  with  the  corporation  license  tax  exemption  board  an  affi 


441  CORrORATIONS.  Act  1041,  §§  lG-19 

davit,  sworn  to  by  the  president  of  such  corporation,  which  shall  contain  a  concise 
statement  of  the  nature,  character  and  manner  of  doing  any  business  of  any  kind  that 
such  corporation  may  thereafter  intend  to  transact  in  this  state.  Said  corporation 
shall  furnish  such  other  or  additional  information  as  may  be  required  by  said  board. 
Said  board  shall  consider  such  application  and  the  order  of  such  board  approving  the 
same  shall  terminate  the  right  of  such  corporation  to  transact  intrastate  business  in 
this  state.  Any  person  transacting  any  intrastate  business  in  this  state  in  behalf  of 
such  corporation  after  approval  of  such  application  to  surrender  such  privilege  shall  be 
guilty  of  a  misdemeanor  and  punishable  as  provided  in  section  eleven  of  this  act. 

False  statement. 

$  16.  Any  false  statement  contained  in  any  of  the  affidavits  herein  required  shall 
constitute  pei'jury,  and  shall  be  punishable  as  such. 

Moneys  paid. 

$17.  All  moneys  herein  required  to  be  paid  shall,  upon  collection,  be  immediately 
paid  into  the  state  treasury. 

Statutes  unaffected. 

§  18.  Nothing  in  this  act  shall  be  construed  as  affecting  or  repealing  any  statute  of 
this  state  respecting  the  assessment  of  franchises  and  levying  of  taxes  thereon,  as 
required  by  section  fourteen,  article  XIII  of  the  constitution  and  chapter  three  hundred 
thirty-five  of  statutes  of  one  thousand  nine  hundred  eleven  of  this  state  and  amend- 
ments thereof. 

Title. 

$  19.     This  act  shall  be  known  as  the  "corporation  license  act." 

The  amending  act  contained  the  following: 
In  effect. 

§  2.  This  act,  inasmuch  as  it  provides  for  a  tax  levy,  shall,  under  the  provisions  of 
section  one  of  article  IV  of  the  constitution,  take  effect  immediately. 

The  original  act  contained  the  following: 
In  effect  when. 

§  19.  The  provisions  of  this  act  in  so  far  as  they  relate  to  the  payment  of  the  license 
tax  provided  for  in  section  four  of  this  act  shall  take  effect  on  the  first  day  of  January, 
1916,  and  as  to  all  other  provisions  this  act  shall  take  effect  ninety  days  after  final 
adjournment  of  the  forty-first  session  of  the  legislature. 

1.     "Doing  business"  in  California. — Main-  forfeiture  of  charter,  the  directors  are  trus- 

taining  general  ofRces  in   California,   where  tees  for  the   purpose   of   winding  up    its   af- 

all  its  corporate  affairs  are  conducted,  con-  fairs. — Talcott  Land  Co.  v.  Hirshiser,  30  Cal. 

stitutes  "doing  business"  in  the  state  within  App.  Dec.  586. 

the  meaning  of  the  act,  although  a  foreign  4.     In    a    stoclcholder's    suit    against    the 

corporation,    organized    and    existing,  under  directors  of  a  corporation  to  compel  the  re- 

the   laws  of  another   state   and   owning   and  turn  of  money  of  the  corporation  unlawfully 

operating  a  railroad  wholly  in   the  state   of  distributed   to  stockholders,   an  averment  in 

Its  organization. — Bullfrog,   etc.,  Co.   v.   Jor-  the    answer    that    the    corporation    has    for- 

dan.  174  Cal.  342,   163  Pac.   40.  feited  its  charter  is,  In  the  absence  of  a  spe- 

::.     Upon  forfeiture  of  tlie  corporate  fran-  cial    demurrer,    or    motion    to    strike    out    a 

ohiMe,  the  corporation  is  dissolved  by  opera-  sufficient    supplemental    plea    in    abatement, 

tion  of  law. — Talcott  Land  Co.  v.  Hirshiser,  and   raised   a  substantial   issue   in   behalf  of 

30  Cal.  App.  Dec.  586.  defendants,  and  a  demurrer  should  not  have 

See  Act  1021,  notes.  been  sustained. — Freeman  v.  Glenn  Co.  Tele- 

S.     Upon     dissolution     of    corporation     by  phone  Co.,  28  Cal.  App.  Dec.  967. 


Act  1042,  g§  1-4  GCKCRAL   L,AtVS.  449 

"INDUSTRIAL  LOAN  COMPANIES." 

ACT  1042 — An  act  defining  industrial  loan  companies,  providing  for  their  incorporation, 

powers  and  supervision. 

History:      Approved  May  IS,   1917.     In  effect  July  27,   1917.     Stats. 
1917,  p.  658. 

"Industrial  loan  company." 

$1.  The  term  "industrial  loan  company"  as  used  in  this  act  means  any  corpora- 
tion which  in  the  regular  course  of  its  business  loans  money  and  issues  its  own  choses 
in  action  under  the  provisions  of  this  act. 

Incorporation. 

^  2.  Corporations  may  be  incorporated  under  and  by  virtue  of  this  act  in  the  same 
manner  as  corporations  under  and  by  virtue  of  chapter  one  of  title  one  of  part  four, 
division  first  of  the  Civil  Code,  except  as  otherwise  herein  provided. 

v. 

Capital  stock.    Shares.    Capital  stock  paid. 

$  3.  The  capital  stock  of  any  corporation  incorporated  under  the  provisions  of  this 
act  shall  not  be  less  than  twenty-five  thousand  dollars  in  any  city  having  a  population 
of  twenty-five  thousand  inhabitants  or  more  and  less  than  fifty  thousand;  and  shall  not 
be  less  than  fifty  thousand  dollars  in  Siny  city  having  fifty  thousand  or  more  inhabi- 
tants, and  less  than  one  hundred  thousand;  and  shall  not  be  less  than  one  hundred 
thousand  dollars  in  any  city  having  one  hundred  thousand  or  more  inhabitants,  accord- 
ing to  the  last  official  census.  The  capital  stock  of  any  such  corporation  shall  be 
divided  into  shares  of  the  par  value  of  one  hundred  dollars  each.  Before  the  articles 
of  incorporation  of  any  corporation,  incorporated  under  the  provisions  of  this  act, 
are  filed,  there  must  be  paid  in  cash  for  the  benefit  of  the  corporation  to  a  treasurer, 
elected  by  the  subscribers,  not  less  than  twenty-five  per  cent  of  the  amount  of  the  cap- 
ital stock;  the  balance  of  the  capital  stock  shall  be  paid  in  cash  to  the  corporation  at  the 
rate  of  not  less  than  ten  per  cent  per  month,  following  the  initial  payment.  No  corpo- 
ration organized  hereunder  shall  create  more  than  one  class  of  stock.  ;^ 

Powers  of  corporation. 

§  4.     Every  corporation  under  the  provisions  of  this  act  shall  have  power: 

First — To  loan  money  on  personal  security,  or  otherwise,  and  to  deduct  interest  there- 
for in  advance  at  the  rate  of  six  per  cent  per  annum^  or  less,  and,  in  addition,  to  receive 
and  to  require  uniform  weekly  or  monthly  installments  on  its  certificates  of  investment, 
purchased  by  the  borrower  simultaneously  with  the  said  loan  transaction,  or  otherwise, 
and  pledged  with  the  corporation  as  security  for  the  said  loan,  with  or  without  an 
allowance  of  interest  on  such  installments. 

Second — To  sell  or  negotiate  choses  in  action  for  the  payment  of  money  at  any  time, 
either  fixed  or  uncertain,  and  to  receive  payments  therefor  in  installments  or  otherwise, 
with  or  without  an  allowance  of  interest  upon  such  installments.  Nothing  herein  con- 
tained shall  be  construed  to  authorize  corporations  hereunder  to  receive  deposits  or  to 
issue  certificates  of  deposit.  The  issuance  of  choses  in  action  herein  authorized  shall 
be  approved  as  to  form  by  the  commissioner  of  corporations  and  shall  bear  the  endorse- 
ment on  the  face  of  the  instrument  "This  is  not  a  certificate  of  deposit." 

Third — To  charge  for  a  loan,  made  pursuant  to  this  section,  one  dollar  for  every  fifty 
dollars,  or  fraction  thereof  loaned,  for  expenses,  including  any  examination  or  investi- 
gation of  the  character  and  circumstances  of  the  borrower,  and  the  drawing  and  taking 
acknowledgment  of  any  papers,  or  other  expenses  incurred  in  making  the  loan.  No 
charge  shall  be  collected  unless  a  loan  shall  have  been  made,  and  in  no  case  shall  such 
charge  exceed  five  dollars. 


443  CORPORATIONS.  Act  1042,  §§  5-S 

Fourlh — To  establish  branch  offices,  or  places  of  business,  within  the  county,  in 
■which  its  principal  place  of  business  is  located,  but  not  elsewhere. 

In  addition  to  the  powers  herein  enumerated,  every  corporation,  under  the  provisions 
of  this  act,  shall  have  the  general  powers  conferred  upon  corporations  by  chapter  three, 
title  one,  part  four,  division  first,  of  the  Civil  Code,  except  as  herein  otherwise  provided. 

Limitations  on  corporations. 

^  5.     No  corj^oration  under  the  provisions  of  this  act  shall: 

^a)  Hold  at  any  one  time  the  obligation  or  obligations  of  any  person,  firm  or  corpo- 
ration, for  more  than  two  per  cent  of  the  amount  of  the  capital  and  surplus  of  such 
industrial  loan  company. 

(b)  Make  any  loan,  under  the  provisions  of  this  act,  for  a  longer  period  than  one 
year  from  the  date  thereof. 

(c)  Deposit  any  of  its  funds  with  any  other  moneyed  corporation,  unless  such  corpo- 
ration has  been  designated  as  such  depository  by  a  vote  of  the  majority  of  the  directors 
or  of  the  executive  committee,  exclusive  of  any  director  who  is  an  officer,  director  or 
trustee  of  the  depository  so  designated. 

(d)  Invest  any  of  its  funds,  otherwise  than  as  herein  authorized,  except  in  such 
investments  as  are  by  law  legal  investments  for  savings  banks,  or  in  the  choses  in  action 
issued  by  any  other  corporation  organized  under  this  act. 

(e)  Have  outstanding  at  any  time  its  investment  certificates  in  an  aggregate  sum  in 
excess  of  ten  times  the  aggregate  amount  of  its  paid  up  capital,  exclusive  of  those 
hypothecated  with  the  company  issuing  them. 

Holding  real  estate. 

§  G.  Every  corporation,  under  the  provisions  of  this  act,  may  purchase,  hold  and 
convey  real  estate  for  the  following  purposes,  but  for  no  other : 

First — Such  as  shall  be  conveyed  to  it  in  satisfaction  of  debts  previously  '•ontracted 
in  the  course  of  its  business. 

Second — Such  as  it  shall  purchase  at  sale  under  judgments,  decrees  or  mortgage 
foreclosures  under  securities  held  by  it,  but  no  such  corporation  shall  bid  at  any  such 
sale  a  larger  amount  than  shall  be  necessary  to  satisfy  its  debt  and  costs. 

Real  estate  shall  be  conveyed  under  the  corporate  seal  of  such  corporation  and  the 
hand  of  its  president  or  vice-president  and  manager  or  treasurer.  No  real  estate 
acquired  in  the  cases  contemplated  above  shall  be  held  for  a  longer  period  than  five 
years.  Parcels  of  such  real  estate  not  sold  Avithin  said  time  ma}'  be  purchased  by  any 
person  Avanting  the  same,  upon  the  conditions  and  proceedings  provided  in  section 
fifty -four  of  "An  act  to  define  and  regulate  the  business  of  banking,"  approved 
March  1.  1909. 

Dividends. 

^  7.  The  directors  of  every  corporation,  under  the  provisions  of  this  act,  may  at 
certain  times  and  in  such  manner  as  its  by-laws  prescribe,  declare  and  pay  dividends 
to  the  stockholders  of  such  corporation,  of  so  much  of  the  net  profits  of  the  corpora- 
tion as  may  be  appropriated  for  that  pui'pose  under  its  by-laws,  but  before  any  such 
dividend  is  declared,  not  less  than  ten  per  cent  of  the  net  profits  of  such  corporation 
for  the  preceding  half  year,  or  for  such  period  as  is  covered  by  the  dividend,  shall  be 
carried  to  its  surplus  until  such  surplus  shall  amount  to  twenty-five  per  cent  of  the 
paid-up  capital  stock. 

Certificates  of  investment  issued  not  creation  of  debt. 

§  8.  Issuing  certificates  of  investment  and  the  like  in  the  transaction  of  the  busi- 
ness of  corporations  under  the  provisions  of  this  act  shall  not  be  construed  to  be  the 
creation  of  debt  within  the  meaning  of  the  phrase  "create  debt"  in  section  three  hun- 


Act  1042.  §§  9-11  GENERAL.  LAWS.  144 

dred  nine  of  the  Civil  Code  nor  of  "indebtedness"  within  the  meaning  of  the  phrase 
"the  capital  stock  can  not  be  diminished  to  an  amount  less  than  the  indebtedness  of 
the  corporation"  in  section  three  hundred  fifty-nine  of  the  Civil  Code,  except  that  no 
company  organized  hereunder  shall  reduce  its  capital  stock  to  an  amount  less  than  is 
required  by  this  act  to  be  maintained  by  such  company  or  less  than  any  indebtedness 
of  such  company  other  than  such  investment  certificates. 

Taxed. 

§  9.  Corporations,  under  the  provisions  of  this  act,  shall  be  taxed  the  same  as  other 
general  corporations. 

Subject  to  investment  companies  act. 

§  10.  Corporations  under  the  provisions  of  this  act  shall  be  subject  to  the  provisions 
and  regulations  of  "An  act  to  define  investment  companies,  investment  brokers  and 
agents;  to  provide  for  the  regulation,  supervision  and  licensing  thereof;  to  provide 
penalties  for  the  violation  thereof;  to  create  the  office  of  commissioner  of  corporations 
and  making  an  appropriation  therefor,"  approved  May  twenty-eighth,  nineteen  hun- 
dred thirteen,  and  any  additions  or  amendments  thereto. 

Order  to  discontinue  violation  of  law. 

§  11.  If  it  shall  appear  to  the  commissioner  of  Corporations  that  any  comi^any  here- 
imder  has  violated  or  failed  to  comply  with  the  provisions  of  its  articles  of  incorpora- 
tion, or  any  law  of  this  state,  or  whenever  it  shall  appear  from  the  report  of  any  com- 
pany hereunder,  or  the  commissioner  shall  have  reason  to  conclude,  that  the  capital,  of 
any  company  hereunder  is  impaired  or  reduced  below  the  amount  required  by  law, 
he  may,  by  an  order  under  his  hand  and  official  seal,  addressed  to  such  company,  direct 
such  company  to  discontinue  such  violation  and  to  comply  with  the  law,  or  to  make 
good  the  deficiency  or  impairment  of  capital  alleged  by  him  to  exist  within  sixty  days 
after  the  date  of  such  requisition;  or 

Order  to  discontinue  unsafe  practices. 

If  it  shall  appear  to  the  commissioner  that  such  company  is  conducting  business  in  an. 
unsafe  or  injurious  manner,  he  may,  in  like  manner,  direct  the  discontinuance  of  any 
such  unsafe  or  injurious  practices.  Such  orders  shall  require  such  company  to  show 
cause,  before  the  commissioner,  at  a  time  and  place  to  be  fixed  by  him,  why  said  order 
should  not  be  observed.  If  upon  such  hearing  it  shall  appear  to  the  commissioner  that 
such  order  should  be  made  final  he  shall  proceed  to  do  so,  and  such  company  shall 
immediately  comply  with  such  order  made  by  the  commissioner  of  corporations. 

Suit  to  restrain  enforcement. 

Such  company  shall  have  ten  days  after  any  such  order  is  made  final  in  which  suit 
may  be  commenced  to  restrain  enforcement  of  such  order  and  unless  such  action  be  so 
commenced  and  enforcement  of  such  order  be  enjoined  within  ten  days  by  the  court 
in  which  such  suit  is  brought,  then  such  company  shall  comply  with  such  order. 

Commissioner  of  corporations  may  take  possession  of  property. 

Upon  failure  of  any  company  to  comply  with  such  order  or  if  any  such  company  shall 
refuse  to  submit  its  books,  papers  and  concerns  to  the  inspection  or  examination  of  the 
commissioner  of  corporations,  or  to  any  one  authorized  by  him  to  make  such  examina- 
tion or  if  any  officer  of  such  company  shall  refuse  to  be  examined  upon  oath  touching 
the  concerns  of  such  company,  or  if  any  such  company  shall  neglect  or  refuse  to  obsen'e 
anv  order  made  by  the  commissioner  of  corporations  pursuant  to  his  supervision  as 
authorized  by  this  act,  the  commissioner  of  corporations  may  forthwith  take  possession 
of  the  property  and  business  of  such  core]iaiiY  and  retain  such  possession  until  such 


445  COSTS.  Act  1051,  §g  1, 2 

company  shall  resume  business  or  its  a£fairs  be  finally  liquidated.  On  taking  possession 
of  the  property  and  business  of  any  such  company,  the  commissioner  of  corporations 
may  proceed  to  liquidate  the  same  in  the  manner  provided  by  the  bank  act. 

Powers  of  commissioner  of  corporations  not  affected, 

§  12.  Nothing  in  this  act  contained  shall  be  deemed  or  construed  as  a  limitation  or 
restriction  of  or  as  in  any  way  affecting  the  power  or  discretion  of  the  commissioner 
of  corporations,  under  the  investment  companies  act  or  any  other  statute  now  or  here- 
after in  effect,  to  issue  a  permit  authorizing  any  corporation  under  the  provisions  of 
this  act  to  issue  and  dispose  of  choses  in  action  in  such  amounts  and  upon  such  terms 
and  conditions  as  he  may  in  such  permit  provide  and  to  impose  such  conditions  as  he 
may  deem  necessary  to  the  issue  of  such  securities  and  t©  establish  such  rules  and 
regulations  as  may  be  reasonable  or  necessary  to  insure  the  disposition  of  the  proceeds 
of  such  securities  in  the  manner  and  for  the  purposes  provided  in  such  permit  and  from 
time  to  time  for  cause  to  amend,  alter  or  revoke  any  permit  issued  by  him  or  to  refuse 
to  issue  such  permit  or  otherwise  authorize  the  issue  of  such  securities. 

CORTE  MADERA. 
See  Act  3094,  note. 

CHAPTER  74. 

COSTS. 

References:  Costs  In  actions  for  libel,  see  post  Act.  2527. 

Costs  in  general,  see  appropriate  title  in  Kerr's  Cyc.  Code  of  Civil  Procedure,  Kerr's 

Cyc.  Penal  Code,  and  Kerr's  Cyc.  Political  Code. 
Costs  in  trial  of  convicts,  see  ante  Act  996. 
Costs  on  removal  of  criminal  actions,  see  Kerr's  Cyc.  Political  Code,  §§  4308,  4309. 

CONTENTS  OF  CHAPTER. 
ACT  1051.    Costs  in  CrviL  Action  for  Serving  Summons  and  Subpoena. 

SERVICE  OF  SUMMONS  AND  SUBPOENAS  IN  CIVIL  ACTIONS. 
ACT  1051 — An  act  concerning  the  costs  in  civil  actions  for  serving  summons  and 
subpoenas. 

History:     Approved  March  10,  1891,  Stats.  1891,  p.  56. 

Fees  for  serving  writ. 

$  1.  In  all  civil  actions,  when  a  summons  or  subpoena  is  served  by  a  person  other 
than  the  sheriff,  the  person  so  serving  shall  be  allowed  by  the  court  issuing  the  pro- 
cess such  sum  as  the  court  may  think  proper,  not  exceeding  the  amount  allowed  sheriffs 
by  law. 

$  2.     This  act  shall  take  effect  from  and  after  its  passage. 

COTENANCY. 

See  appropriate  title,  Kerr's  Cyc.  Codes. 

COUNTERFEITING. 
See  same  title,  Kerr's  Cyc.  Penal  Code. 

Service  of  Mnmmons  In  civil  actionct.  by  person  Other  than  sheriff. — See  Kerr's  Cjro.  Code 

Civil  Procedure.  S  410. 


Acts  1071,  1075,  g  1  GENERAL   LAWS.  446 

CHAPTER  75. 

COUNTIES. 

References:   County  bonds,  see  tit.  "Bonds." 

County  boundaries,  see  tit.  "County  Boundaries,"  and  appropriate  title,  Kerr's  Cyc. 

Political  Code. 
County  government,  see  Kerr's  Cyc.  Political  Code,  §§  4000,  et  seq. 
County  classification,  see  Kerr's  Cyc.  Political  Code,  §§  4006,  et  seq. 
County  and  township  officers,  see  Kerr's  Cyc.  Political  Code,  §§  4013,  et  seq. 
General  provisions  relating  to  counties,  see  Kerr's  Cyc.  Political  Code,  §§  3969,  et  seq. 
Gifts  to  counties,  see  Kerr's  Cyc.  Political  Code,  §§  453a,  4052;  and  Kerr's  Cyc.  Civil 

Code,  §  1275. 
Judgments  against  counties,  see  tit.  "Judgments." 

Mobilization  sites,  acquisition  and  conveyance  to  United  States,  see  post  Act.  5463. 
Particular  counties,  see  particular  title. 

Particular  subject  relating  to  counties,  see  particular  title. 
Taxes,  see  Kerr's  Cyc.  Political  Code,  tit.  "Taxation." 
Taxes,  collection  of,  on  formation  of  new  county,  see  Kerr's  Cyc.  Political  Code, 

§  3975. 
Transfer  of  moneys,  on  formation  of  new  county,  see  Kerr's  Cyc.  Political  Code, 

§  3975a. 

CONTENTS  OF  CHAPTER. 

ACT  1071.  Claims  of  Counties  Against  State. 

1075.  Formation,  Organization  and  Classification  op  New  Cou>fTiES. 

1076.  Misappropriated  School  Money. 

1077.  Eeports  of  Financial  Transactions. 

CLAIMS  OF  COUNTIES  AGAINST  THE  STATE. 
ACT  1071 — An  act  authorizing  the  allov/ance,  settlement,  and  payment  of  claims  of 
counties  against  the  state. 

History:     Approved  March  9,  1893,  Stats.  1893,  p.  109. 

§  1.  On  the  presentation  of  the  claim  of  any  county  of  this  state,  or  treasurer 
thereof,  to  the  state  controller  for  commissions,  charges,  or  fees  fixed  or  directed  to 
be  allowed  by  law  for  the  collection  of  state  taxes,  the  said  commissions,  charges,  or 
fees  for  which  claim  is  made,  not  having  been  allowed  by  the  state,  and  the  same 
having  been  paid  into  the  state  treasury,  thereupon  the  state  controller  shall,  in  the 
next  settlement  thereafter  to  be  made  with  the  treasurer  of  the  county  presenting  such 
claim,  allow  to  be  retained  out  of  any  moneys  then  in  the  hands  of  such  treasurer 
belonging  to  the  state,  the  amount  of  such  claim ;  provided,  however,  that  the  moneys 
thus  retained  shall  be  paid  into  the  county  treasury,  and  shall  be  the  property  of  such 
count}'. 

§  2.     This  act  shall  take  effect  immediately. 

Act  does  not  fix  fees   or  charges   against  Yolo  v.  Colg-an,  132  Cal.  265,  84  Am.  St.  Rep. 

the  state,  but  provides  for  the  allowance  of  41,  64  Pac.  403. 

fees    and    commissions,    which,    having    been  Claims    against   counties    in    general. — See 

paid   into  the  state  treasury,   might  be   al-  Kerr's  Cyc.  Political  Code,  §§  4074,  et  seq. 
lowed    in    the    next    settlement. — County    of 

FORMATION,  ORGANIZATION  AND  CLASSIFICATION   OF  NEW  COUNTIES. 

ACT  1075 — An  act  to  provide  for  the  formation,  organization,  and  classification  of  new 
counties,  for  locating  the  county  seats,  for  the  election  and  appointment  of  officers 
and  for  the  adjustment  and  fulfillment  of  the  rights  and  obligations  arising  between 
such  new  counties  and  other  counties. 

History:     Approved  March  15,  1907,  Stats.  1907,  p.  275.     Amended 

March  8,  1909,  Stats.  1909,  p.  194. 

Creation  of  new  counties.    Restrictions.    Existing  debts  liability  for. 

§  1.  New  counties  may  from  time  to  time  be  formed  and  created  in  this  state  from 
portions  of  one  or  more  counties  already  in  existence  in  the  manner  set  forth  in  this  act ; 
provided,  however,  that  no  new  county  shall  be  established  which  will  reduce  any 


■ 


447  COUNTIES.  Act  1075,  §  2 

county  to  a  poiDulation  of  less  than  20,000,  nor  shall  any  new  county  be  formed  contain- 
ing a  population  less  than  10,000,  nor  shall  any  line  of  such  new  county  pass  within 
five  miles  of  a  county  seat  of  any  county  proposed  to  be  divided.  In  every  case  where 
the  county  seat  of  a  county  sought  to  be  divided  is  situated  at  or  within  the  boundary 
of  any  incorporated  town  or  city,  such  county  seat  shall  for  the  purj^oses  of  this  act, 
be  held  to  include  and  to  be  coteiTuinous  with  the  territory  included  within  the  bounda- 
ries of  the  incorporated  town  or  city  whereat  or  wherein  the  county  seat  of  the  county 
sought  to  be  divided  is  situated,  as  such  boundaries  are  legally  fixed  and  determined  at 
a  date  of  the  filing  of  the  petition  or  petitions  referred  to  in  section  two  of  this  act; 
nor  shall  any  new  county  be  formed  which  shall  reduce  to  less  than  twelve  hundred 
square  miles  the  area  of  any  existing  county  from  which  tenitory  is  taken  to  form 
such  new  county.  Every  county  which  shall  be  enlarged  or  created  from  territory 
taken  from  any  other  county  or  counties  shall  be  liable  for  a  just  proportion  of  the 
existing  debts  and  liabilities  of  the  county  or  counties  from  which  such  territory  shall 
be  taken,  to  be  determined  as  hereinafter  provided.  [Amendment  of  March  8,  1909. 
Stats.  1909,  p.  195.] 

Petition  for  formation.    Number  of  signers  required. 

^  2.  Whenever  it  is  desired  to  divide  any  county  or  counties  then  existing  and  form 
a  new  county  out  of  a  portion  of  the  territory  of  such  then  existing  county  or  counties, 
a  petition  shall  be  presented  to  the  board  of  supervisors  of  the  county  from  which  said 
new  countj'  is  to  be  formed  in  case  said  county  is  to  be  formed  from  but  one  county, 
or  to  the  board  of  supervisors  of  the  county  from  which  the  largest  area  of  ten*itory 
is  proposed  to  be  taken  for  the  formation  of  such  new  county  in  case  said  new  county 
is  to  be  formed  from  p-  .tions  of  two  or  more  existing  counties.  Such  petition  shall 
be  signed  by  at  least  sixty-five  per  cent  of  the  qualified  electors  residing  within  the 
designated  boundaries  of  the  proposed  new  county  as  set  forth  in  said  petition,  and 
not  less  than  fifty  per  cent  of  the  qualified  electors  residing  within  the  county  or 
counties  out  of  which  the  proposed  new  countj'^  is  to  be  carved.  A  qualified  elector, 
within  the  meaning  of  this  act,  is  one  whose  name  appears  on  the  great  register  or 
registers  used  at  the  general  election  held  in  the  county  or  counties  last  preceding  the 
presentation  of  said  petition  to  the  board  of  supervisors  as  herein  provided.  In  cases 
where  the  proposed  new  county  is  to  be  formed  from  portions  of  two  or  more  existing 
counties,  separate  petitions  shall  be  presented  from  each  county  and  each  of  said  sepa- 
rate petitions  shall  be  signed  by  at  least  sixty-five  per  cent  of  the  qualified  electors 
residing  within  each  part  or  portion  of  each  county  out  of  which  it  is  proposed  to  form 
the  new  county,  and  by  not  less  than  fifty  per  cent  of  the  qualified  electors  residing 
in  each  of  the  counties  out  of  which  the  proposed  new  county  is  to  be  carved.  Such 
signatures  need  not  be  affixed  to  one  paper,  but  may  be  signed  to  several  petitions,  but 
each  must  be  identical  in  form,  and  when  so  signed  the  several  petitions  may  be 
fastened  together  and  shall  be  treated  and  presented  as  one  petition.  Such  petition 
or  petitions  shall  contain: 

What  petition  shall  contain. 

"A  particular  description  of  the  boundaries  of  the  proposed  new  county  to  be 
formed;  and  a  statement  that  no  line  thereof  passes  within  five  miles  of  the  countj' 
seat  of  any  county  proposed  to  be  divided; 

"A  statement  of  the  population  in  such  proposed  county,  as  near  as  may  be; 

"A  statement  of  the  population  remaining  in  the  county  or  each  of  the  counties  from 
which  such  new  county  is  to  be  established,  as  near  as  may  be; 

"A  statement  of  the  area  in  square  miles  which  will  remain  in  the  county  or  counties 
from  which  territorj^  is  taken  to  form  such  new  county,  after  such  new  county  is  formed; 

"The  name  of  the  proposed  new  county; 


Act  1075,  §  2  GENERAL   LAWS.  448 

"A  prayer  that  such  proposed  new  county  be  organized  into  a  new  county  under  the 
provisions  of  this  act. 

Affidavit  to  petition. 

There  shall  be  attached  to  and  filed  with  said  petition  or  petitions  the  affidavits  of 
three  qualified  electors  and  tax  payers  within  each  county  sought  to  be  divided  to  the 
effect  that  they  have  read  said  petition  or  petitions  and  examined  the  signatures 
aflSxed  thereto  and  that  they  believe  that  the  statements  therein  are  true  and  that  it 
is  signed  by  at  least  sixty-five  per  cent  of  the  qualified  electors  of  the  proposed  new 
county,  or  of  the  proposed  portion  thereof  taken  from  each  existing  county,  where  the 
proposed  new  county  is  to  be  formed  from  portions  of  two  or  more  existing  counties, 
and  by  not  less  than  fifty  per  cent  of  the  qualified  electors  of  the  entire  county  out  of 
which  a  new  county  is  to  be  carved,  and  if  the  proposed  new  county  is  to  be  formed 
from  two  or  more  counties,  than  [sic]  that  it  is  signed  by  not  less  than  fifty  per  cent  of 
the  qualified  electors  of  each  county  out  of  which  it  is  proposed  to  form  said  new  county; 
that  the  signatures  affixed  thereto  are  genuine,  and  that  each  of  such  persons  so  signing 
was  a  qualified  elector  of  such  county  therein  sought  to  be  divided,  at  the  date  of  such 
signing. 

Verification  prima  facie  true. 

Such  petition  or  petitions  so  verified,  and  the  verification  thereof  shall  be  accepted 
in  all  proceedings  permitted  or  provided  for  in  this  act,  as  prima  facie  evidence  of  the 
truth  of  the  matters  and  facts  therein  set  forth. 

Hearing,  fixing  date  for. 

Upon  the  filing  of  such  petition  or  petitions  and  affidavit  with  the  clerk  of  the  said 
board  of  supervisors  said  board  shall  forthwith  fix  a  date  to  hear  the  proof  of  the  said 
petitioners  and  of  any  opponents  thereto,  which  date  must  not  be  less  than  thirty  nor 
more  than  forty  days,  subsequent  to  the  filing  of  such  petition  with  the  clerk  of  said 
board. 

Publication  of  notice. 

Said  board  of  supervisors  shall  also  at  the  same  time  designate  a  newspaper  of  gen- 
eral circulation  published  in  the  old  county  or  each  of  the  old  counties,  but  not  within 
the  proposed  new  county,  and  also  a  newspaper  of  general  circulation  published  within 
the  boundaries  of  the  proposed  new  county,  if  there  be  such,  in  which  the  said  board 
shall  order  and  cause  to  be  published  at  least  once  a  week  for  two  weeks  next  preceding 
the  date  fixed  for  such  hearing,  a  notice  in  substantially  the  following  form: 

Form  of  notice. 

NOTICE. 

Notice  is  hereby  given  that  a  petition  has  been  presented  to  the  board  of  supervisors 

of  county,  (naming  county  represented  by  the  board  of  supervisors 

with  which  said  petition  was  filed)  praying  for  the  formation  of  a  new  county  out  of 

a  portion  of  the  said county  and  county  (naming  the 

county  or  counties  out  of  which  it  is  proposed  to  form  the  new  countj'),  and  that  said 
petition  will  be  heard  by  the  said  board  of  supervisors  at  its  place  of  meeting  (desig- 
nating the  city  or  town  and  the  day  and  hour  of  the  meeting  so  to  be  held)  when  and 
where  all  persons  interested  therein  may  appear  and  oppose  the  granting  of  said  peti- 
tion and  make  any  objection  thereto. 

Dated 

By  order  of  the  board  of  supervisors,  of county. 

By chairman. 

Attest : 

county  clerk. 


440  COUNTIES.  Act  1075,  §  2 

Bond  of  petitioners. 

Said  i^etitioners  shall  on  or  before  the  date  fixed  for  said  hearing,  or  on  or  before  the 
date  to  which  said  hearing  may  have  been  adjourned,  file  with  the  said  board  of  super- 
visors a  bond  to  be  approved  by  said  board,  in  such  amount  as  the  said  board  shall 
designate,  but  not  exceeding  ten  thousand  dollars,  payable  to  the  county  in  which  said 
petition  is  filed,  conditioned  that  the  obligors  named  in  said  bond  will  pay  to  said 
county  all  expenses  incurred  in  the  proceedings  and  elections  provided  for  in  this  act, 
not  exceeding  the  amount  specified  in  said  bond,  in  the  event  that  at  the  election  herein 
provided  for  the  percentages  of  votes  required  by  the  provisions  of  this  act  to  form  a 
new  county  are  not  cast  in  favor  of  the  formation  of  such  new  county. 

Hearing,  and  what  supervisors  shall  determine. 

At  the  time  so  fixed  for  said  hearing  the  board  of  supervisors  shall  proceed  to  hear 
the  petitioners  and  any  opponents,  and  may  adjourn  such  hearing  from  time  to  time, 
not  exceeding  fourteen  days  in  all,  and  shall  receive  the  proofs  offered  to  establish 
6r  controvert  the  facts  set  forth  in  said  petition  or  petitions,  and  on  the  final  hearing 
of  such  petition  or  petitions  said  board  shall  by  resolution  entered  on  its  minutes 
determine : 

1st.  The  boundaries  of  the  proposed  new  county,  and  the  boundaries  so  determined 
by  said  board  of  supervisors  shall  be  the  boundaries  of  such  proposed  new  county 
if  it  be  created  as  herein  provided. 

2nd.  Whether  the  said  petition  contains  the  genuine  signatures  of  at  least  sixty- 
five  per  cent  of  the  qualified  electors  of  the  proposed  new  county,  and  of  fifty  per 
cent  of  the  qualified  electors  residing  within  the  county  out  of  which  the  new  county 
is  to  be  carved  as  herein  required,  and  in  cases  where  said  separate  petitions  are 
presented  from  portions  of  two  or  more  counties,  as  herein  required,  whether  each 
petition  is  signed  by  not  less  than  sixty-five  per  cent  of  the  qualified  electors  residing 
within  that  part  or  portion  of  each  county  out  of  which  it  is  proposed  to  carve  a 
new  county  and  not  less  than  fifty  per  cent  of  the  qualified  electors  of  each  of  the 
existing  counties  out  of  which  it  is  proposed  to  form  a  new  county,  as  herein  provided. 

3rd.  Whether  the  establishing  of  the  proposed  new  county  will  reduce  the  popula- 
tion of  any  county  proposed  to  be  divided  to  less  than  twenty  thousand. 

4th.  Whether  the  proposed  new  county  will  contain  a  population  of  at  least  ten 
thousand. 

5th.  Whether  any  line  of  the  proposed  new  county  passes  within  five  miles  of  the 
county  seat  of  any  county  proposed  to  be  divided. 

6th.  Whether  the  area  of  any  existing  county  from  which  territory  is  taken  to  form 
such  new  county  will  be  reduced  to  less  than  twelve  hundred  square  miles  by  taking 
the  territory  proposed  to  be  taken  therefrom  to  form  such  new  county. 

7th.  The  class  to  which  said  proposed  new  county  after  its  creation,  shall  belong, 
and  the  name  of  said  proposed  new  county  as  herein  provided. 

Determining  population. 

In  determining  the  population  of  the  proposed  new  county  and  the  population 
remaining  in  any  county  proposed  to  be  divided  after  such  division,  the  board  of 
supervisors  shall  assume  that  such  population  is  five  times  the  number  of  names  of 
qualified  electors  recorded  on  the  great  register  at  the  date  when  said  petition  is  filed 
in  each  of  the  counties  proposed  to  be  divided,  as  residents  in  the  territory  of  which 
the  population  is  required  to  be  determined. 

Board  may  exclude  territory.    Petitions  for  exclusion. 

On  the  final  hearing  said  board  of  supervisors  must,  upon  petition  of  not  less  than 
fifty  per  cent  of  the  qualified  electors  of  any  territory  lying  within  said  proposed  new 

Gen.  Laws — J9 


Act  1075,  e  3  GENERAL   LAWS.  450 

county  and  contiguous  to  the  boundary  line  thereof,  and  lying  entirely  "within  a  single 
old  county,  and  described  in  said  petition,  asking  that  said  territory  be  not  included 
within  the  pi'oposed  new  county,  make  such  changes  in  the  proposed  boundaries  as  will 
exclude  such  territory  from  such  new  county,  and  shall  establish  and  define  such 
boundaries;  provided  that  any  changes  made  by  said  board  shall  not  reduce  the  popu- 
lation of  the  proposed  new  county  to  less  than  ten  thousand;  petitions  for  exclusion 
shall  be  disposed  of  in  the  order  in  point  of  time  in  which  they  are  filed  with  the 
clerk  of  the  board  of  supervisors  and  on  final  determination  of  boundaries  no  changes 
in  the  boundaries  originally  proposed  shall  be  made  except  as  prayed  for  in  said 
petition  or  petitions  or  to  correct  clerical  errors  or  uncertainties. 

Copy  of  petition  to  be  filed  in  each  county. 

When  the  proposed  new  county  is  to  be  formed  from  two  or  more  existing  counties, 
the  board  of  supervisors  with  which  said  petition  shall  have  been  filed,  shall  upon  the 
adoption  of  a  resolution  provided  for  in  this  section,  cause  a  certified  copy  of  such 
resolution  to  be  filed  with  the  board  of  supervisors  of  each  county  out  of  which  it  is 
proposed  to  carve  territory  to  constitute  the  new  county.  [Amendment  of  March  8, 
1909.     Stats.  1909,  p.  195.] 

Determination  of  supervisors.    Division  into  townships,  etc.    Notice  of  election  on 
proposition. 

$  3.  If  the  said  board  of  supervisors  determine  that  the  formation  of  the  said 
proposed  new  county  will  not  reduce  the  population  of  any  county  proposed  to  be 
divided  to  less  than  20,000,  nor  the  area  thereof  to  less  than  twelve  hundred  square 
miles,  and  that  the  proposed  new  county  contains  a  population  of  at  least  10,000,  and 
that  no  line  of  said  proposed  new  county  passes  within  five  miles  of  the  county  seat 
of  any  county  proposed  to  be  divided,  and  that  the  said  petition  contains  the  genuine 
signatures  of  at  least  sixty-five  per  cent  of  the  qualified  electors  residing  in  the  teiTi- 
tory  defined  by  the  boundaries  of  the  proposed  new  county,  and  fifty  per  cent  of 
the  qualified  electors  residing  within  the  existing  county,  when  the  proposed  new 
county  is  to  be  formed  from  territory  of  only  one  county;  but  when  said  proposed  new 
county  is  to  be  formed  from  territory  of  two  or  more  counties  and  separate  petitions 
are  presented,  then  that  said  petitions  contain  the  genuine  signatures  of  at  least 
sixty-five  per  cent  of  the  qualified  electors  residing  within  that  part  or  portion  of 
each  of  the  existing  counties  out  of  which  it  is  proposed  to  create  a  new  county,  and 
not  less  than  fifty  per  cent  of  the  qualified  electors  of  each  of  the  existing  counties 
from  which  the  new  county  is  to  be  carved,  then  said  board  of  supervisors  shall  divide 
the  proposed  new  county  into  a  convenient  number  of  judicial  townships,  road  and 
school  districts,  and  define  their  boundaries  and  designate  the  names  of  said  dis- 
tricts and  each  of  them;  they  shall  also  divide  the  proposed  new  county  into  five 
supervisorial  districts  to  contain  as  nearly  as  practicable  an  equal  population,  and 
number  said  districts;  they  shall  also,  if  necessary  for  the  purposes  of  the  election 
hereinafter  provided  for,  change  the  boundaries  of  the  election  precincts  in  said  old 
county  or  counties  to  make  the  same  conform  to  the  boundaries  of  the  proposed  new 
county;  provided  that  the  boundary  lines  of  no  such  precinct  shall  extend  beyond  the 
boundary  lines  of  the  existing  county  in  which  it  is  located  and  from  which  the  terri- 
tory is  proposed  to  be  taken;  and  said  board  shall  appoint  the  election  officers  to  act 
at  said  election  and  to  be  paid  by  said  board.  Within  two  weeks  after  its  determina- 
tion of  the  truth  of  the  allegations  of  said  petition  as  aforesaid,  the  said  board  of 
sui)ervisors  shall  order  and  give  proclamation  and  notice  of  an  election  to  be  held  in 
the  county  in  which  said  petition  is  filed  on  a  specified  day  not  less  than  sixty  days 
nor  more  than  ninety  days  thereafter,  for  the  purpose  of  determining  whether  sueli 
ten-itory  described  in  the  petition  shall  be  established  and  organized  into  a  new  county. 


151  cor  XTIES.  Act  1075,  §  3 

When  the  petition  calls  for  the  organization  of  a  new  county  out  of  territory  of  two 
or  more  existing  counties,  a  certified  copy  of  such  election  proclamation  and  notice 
shall  be  immediately  mailed  to  the  board  of  supervisors  of  each  county  from  the 
territory  of  which  a  part  of  the  proposed  new  county  is  taken.  Within  two  weeks  after 
the  receipt  of  said  certified  copy  each  board  of  supervisors  receiving  same  shall  issue 
a  like  proclamation  and  notice  of  an  election  to  be  held  on  the  same  specified  day  for 
the  purpose  of  determining  whether  said  territory  shall  be  established  and  organized 
into  a  new  county. 

Notice  of  election  of  officers. 

At  the  same  time  that  the  board  of  supervisors  before  which  the  petition  for  the 
organization  of  a  new  county  is  pending  issues  a  proclamation  and  notice  of  election 
for  the  purpose  of  determining  whether  such  county  shall  be  established  and  organized 
into  a  new  county,  it  shall  issue  a  proclamation  and  notice  of  an  election  to  be  held 
on  the  same  day  in  the  territory  which  is  proposed  to  be  taken  for  the  new  county  for 
the  election  of  officers  and  the  location  of  the  county  seat  therefor  in  the  event  that 
the  vote  at  the  election  called  in  the  county  or  counties  out  of  which  the  new  county 
is  to  be  carved  shall  be  in  favor  of  establishing  and  orgattizing  the  said  new  county. 

Who  entitled  to  vote. 

All  qualified  electors  of  the  county  or  counties  from  which  territory  is  taken  to 
form  such  proposed  new  county  and  who  shall  have  been  such  qualified  electors  ninety 
days  prior  to  date  of  such  election,  shall  be  entitled  to  vote  at  such  election  to  deter- 
mine whether  or  not  such  territory  shall  be  established  and  organized  into  a  new  county, 
and  all  qualified  electors  resident  within  the  territory  included  within  the  boundar\' 
lines  of  the  proposed  new  county  as  established  by  the  board  of  supervisors  and  who 
are  qualified  electors  of  the  county  or  counties  from  which  territory  is  taken  to  form 
such  proposed  new  county  and  who  shall  have  been  such  resident  qualified  electors 
ninety  days  prior  to  date  of  said  election,  shall  be  entitled  to  a  v^te  at  said  election 
for  the  election  of  officers  and  the  location  of  a  county  seat  therefor.  Registration 
and  transfers  of  registration  shall  be  made  and  shall  close  in  the  manner  and  at  a 
time  provided  by  law  for  registration  and  transfers  of  registration  for  a  general 
election  in  the  state  of  California. 

Publication  of  proclamation.    Ballots. 

Such  proclamation  and  notice  of  election  to  determine  whether  such  county  shall 
be  established  and  organized  into  a  new  county  shall  be  published  in  each  county 
territorially  affected  by  the  proposed  organization  at  least  once  a  week  for  three  weeks 
before  the  holding  of  such  election,  in  some  newspaper  of  general  circulation  published 
in  the  county  or  counties  out  of  which  it  is  proposed  to  take  territory  for  the  organiza- 
tion of  such  new  county.  Such  proclamation  and  notice  shall  require  the  voters  to 
cast  ballots  which  shall  contain  the  words  "For  the  new  county  of  (giving  name  of 
the  proposed  new  county)  Yes,"  and  "For  the  new  county  of  (giving  name  of  the 
proposed  new  county)  No,"  and  each  voter  desiring  to  vote  for  the  establishment  and 
organization  of  said  new  county  shall  stamp  a  cross  (X)  opposite  the  words  "For  the 
new  county  of Yes,"  and  each  voter  desiring  to  vote  against  the  estab- 
lishment and  organization  of  said  new  county  shall  stamp  a  cross   (X)   opposite  the 

words  "For  the  new  county  of No,"  in  the  manner  now  required  by  law 

in  other  elections. 

Publication  of  proclamation  for  election  of  officers.     Ballots. 

The  board  of  supervisors  before  whom  the  petition  for  the  organization  of  the  new 
county  is  pending,  shall  also  issue  an  election  proclamation  and  notice  for  the  election 
of  officers  and  the  locating  of  a  count}-  seat,  which  election  shall  be  held  only  in  the 


1 


Act  1075,  8  3  GENKRAL,   LAWS.  452 

territory  included  within  the  boundaries  of  the  proposed  new  county  as  set  forth  iu  the 
petition.  Said  election  proclamation  and  notice  shall  provide  for  holding  the  election 
of  officers  and  the  location  of  the  county  seat  on  the  same  day  and  at  the  same  polling 
places  within  the  territorjf  described  in  the  petition,  and  at  which  the  election  is  held 
to  determine  whether  such  territory  shall  be  established  and  organized  into  a  new 
county  and  the  same  election  officers  shall  serve  at  both  elections.  A  copy  of  the 
election  proclamation  and  notice  for  the  election  of  officers  and  the  locating  of  a  county 
seat  shall  be  immediately  mailed  by  the  county  clerk  of  the  county  in  which  petition 
is  filed  to  the  county  clerk  of  each  county  from  which  territory  is  taken  for  the  pro- 
posed new  county,  such  proclamation  and  notice  shall  require  the  voters  to  cast  ballots 
which  shall  contain  the  words,  'Tor  county  seat"  with  a  blank  space  left  below  said 
words  and  the  voter  shall  write  his  choice  in  said  space,  and  the  name  so  written 
shall  be  counted  as  the  voter's  choice  for  county  seat  whether  a  cross  (X)  shall  be 
marked  after  said  name  or  not,  or  whether  said  name  shall  be  written  in  ink  or  pencil. 
And  said  proclamation  shall  also  contain  the  names  of  persons  to  be  voted  for  to  fill 
the  various  offices  designated  in  said  proclamation  for  counties  of  the  class  to  which 
said  proposed  new  county  will  belong  as  determined  by  the  board  of  supervisors  as 
herein  directed  and  in  the  manner  provided  by  law,  except  as  herein  otherwise 
provided. 

Election  supplies. 

The  proclamation  calling  for  the  election  of  officers  and  the  locating  of  the  county 
seat  shall  be  made  and  given  exclusively  by  the  board  of  supervisors  with  which  is 
filed  the  petition  for  the  formation  and  establishment  of  such  new  county  and  such 
board  shall  cause  the  clerk  of  said  county  to  furnish  to  the  officers  of  each  precinct 
in  said  proposed  new  county,  all  ballots,  poll  lists,  tally  lists,  registers  for  voters' 
signatures,  ballot  boxes  and  other  election  supplies  and  equipment  necessary  to  con- 
duct election,  and  which  are  not  hereinafter  specifically  directed  to  be  furnished  by  the 
clerk  of  another  county  or  counties. 

Conduct  of  election. 

Such  election  shall  be  governed  and  controlled  by  the  general  election  laws  of  the 
state  so  far  as  the  same  shall  be  applicable,  except  as  herein  otherwise  provided. 

Registers  for  election  officers. 

The  county  clerk  of  each  county  from  which  territory  is  taken  for  the  proposed  new 
county  shall  five  days  before  the  date  of  such  election  furnish  to  each  board  of  election 
within  said  proposed  new  county  the  book  of  affidavits  of  registration  for  the  pre- 
cincts of  such  proposed  new  county  as  are  within  their  respective  counties,  and  the 
copies  of  indexes  thereof  required  by  law,  containing  the  names  of  all  persons  who  were 
qualified  electors  therein  up  to  ninety  days  before  the  date  of  such  election.  All 
returns  of  elections  held  within  the  territorial  limits  of  the  proposed  new  county  for 
the  election  of  officers  and  locating  county  seat  shall  be  made  to  the  board  of  super- 
visors calling  such  election  and  all  returns  of  the  election  held  for  the  purpose  of 
determining  whether  such  territory^  shall  be  established  into  a  new  county  shall  be 
made  to  the  board  of  supervisors  of  the  then  existing  county  in  which  said  election  is 
held. 

Certificates  of  nomination. 

All  certificates  of  nomination  of  candidates  for  the  offices  required  to  be  filled  at 
said  election  shall  be  filed  with  the  county  clerk  of  the  county  represented  by  the     ■I 
board  of  supervisors  calling  said  election,  not  less  than  ten  days  next  before  the  date 
of  such  election. 


453  COUNTIES.  Act  1075,  §  4 

Sample  ballots  not  reauired. 

The  provisions  of  the  election  laws  relating  to  preparation,  printing  and  distrilaition 
of  sample  ballots  and  the  provisions  of  said  laws  relating  to  primary  elections  iu  this 
state  shall  have  no  application  to  any  election  provided  for  in  this  act,  [Amendment 
of  March  8,  1909.     Stats.  1909,  p.  199.] 

Canvass  of  returns.    Declaration  of  board  of  supervisors.    Resolution  to  be  filed  with 

secretary  of  state.     Certificate  of  election. 

§  4.  When  the  petition  is  for  the  organization  of  a  new  county  out  of  the  terri- 
tory of  two  or  more  counties,  each  board  of  supervisors  shall  upon  the  completion 
of  a  canvass  of  the  vote  to  determine  whether  such  territory  shall  be  established  and 
organized  into  a  new  county,  forward  to  the  board  of  supervisors  before  whom  the 
said  petition  is  pending,  a  certified  copy  of  the  result  of  said  canvass,  giving  the 
total  number  of  votes  cast  in  such  county  for  the  organization  of  said  proposed 
new  county,  and  the  total  number  of  votes  cast  against  the  establishment  and  organ- 
ization of  the  new  county.  If  upon  canvass  of  all  votes  cast  at  such  election,  it 
appears  that  fifty  per  cent  of  the  total  number  of  all  the  votes  cast  in  each  and 
every  county  which  will  be  territorially  affected  by  the  organization  of  such  new 

county  is  "For  the  new  county  of Yes,"  and  sixty-five  per  cent  of 

the  votes  cast  within  the  territorial  limits  of  the  proposed  new  county  as  estab- 
lished by  the  board  of  supervisors  is  "For  the  new  county  of  Yes," 

the  board  of  supervisors  shall  by  a  resolution  entered  upon  its  minutes  declare  such 
territory  formed  as  a  county  of  this  state  of  the  class  to  which  the  same  shall  belong. 

under  the  name  of  county   (naming  it),  and  that  the  place  (naming  it) 

receiving  the  highest  number  of  votes  cast  at  said  election  for  county  seat  shall  be 
the  county  seat  of  said  county  until  removed  in  the  manner  provided  by  law,  and  desig- 
nating and  declaring  the  persons  receiving  respectively  the  highest  number  of  votes 
for  the  several  offices  to  be  filled  at  said  election,  to  be  duly  elected  to  such  offices, 
and  prescribing  the  amount  in  which  such  officers  must  execute  official  bonds,  where 
official  bonds  are  required  by  law.  Said  board  shall  forthwith  cause  a  copy  of  its 
said  resolution  duly  certified,  to  be  filed  in  the  office  of  the  secretary  of  state,  and  from 
and  after  the  date  of  such  filing  said  new  county  shall  be  deemed  to  be  fully  created, 
and  the  organization  thereof  shall  be  deemed  comj^leted  and  such  officers  shall  be 
entitled  to  enter  immediately  upon  the  duties  of  their  respective  offices  upon  qualify- 
ing in  accordance  with  law  and  giving  bonds  for  the  faithful  performance  of  their 
duties,  as  herein  required.  The  clerk  of  the  board  of  supervisors  with  which  said 
petition  was  filed,  as  herein  provided,  must  immediately  make  out  and  deliver  to  each 
of  said  persons  so  declared  and  designated  to  be  elected,  a  certificate  of  election 
authenticated  by  his  signature  and  the  seal  of  said  board  of  supervisors.  All  the 
officers  elected  at  said  election  or  aj^pointed  under  this  act  shall  hold  their  offices  until 
the  time  provided  by  general  law  for  the  election  and  qualification  of  such  officers  in 
this  state  and  until  their  successors  are  elected  and  qualified  and  for  the  purpose  of 
determining  the  term  of  office  of  such  officers,  the  years  said  officers  are  to  hold  office, 
are  to  be  computed  respectively  from  and  including  the  first  Monday  after  the  first 
day  of  January  following  the  last  preceding  general  election. 

Proceedings  if  proposition  be  lost. 

If,  however,  upon  such  canvass,  it  appears  that  more  than  thirty-five  per  cent  of 
the  votes  cast  at  the  election  held  for  the  purpose  of  determining  whether  such  pro- 
posed new  county  shall  be  established  and  organized,  within  the  territorial  limits  of 
the  proposed  new  county  as  established  by  the  board  of  supervisors  is  "For  the  new 

county  of  (naming  it)  No,"  or  if  more  than  fifty  per  cent  of  the  total 

vote  of  any  county  which  will  be  territorially  affected   by   the  organization  of  said 


Act  1075.  fS§  5. 6  GENERAL   LAWS.  -»5k 

proposed  new  county  is  "For  the  new  county  of  (naming  it)  No,"  the 

said  board  of  supervisoi's  shall  pass  a  resolution  in  accordance  therewith,  and  there- 
upon no  further  proceedings  relative  to  the  organization  of  said  proposed  new  county 
nor  any  other  proceeding  for  the  division  of  any  county  any  portion  of  which  was 
included  within  said  proposed  new  county,  shall  be  instituted  within  one  year  after  such 
determination.     [Amendment  of  March  .8,  1909.     Stats.  1909,  p.  202.] 

The  title  of  the  nmendatory  act  of  1909  stated  that  it  amended  sections  1,  2,  and  Z  of 
the   act;    hut   in   the   body   of   the   act  section  4  was  also  amended. 

Ofl&cers  of  new  county.    Supervisors. 

§  5.  At  the  election  provided  for  in  section  three  of  this  act  there  shall  be  chosen 
one  judge  of  the  superior  court  of  said  new  county  whose  salary  shall  be  $3,000  per 
annum,  payable  at  the  same  time  and  in  the  same  manner  as  salaries  of  the  judges 
of  the  superior  court  of  the  several  counties  of  the  state  are  paid;  also  such  other 
county,  township,  and  district  officers  as  are  now  or  may  hereafter  by  general  law  be 
provided  for  in  counties  of  the  class  to  Avhich  said  new  county  is  determined  to  belong 
as  herein  provided ;  provided,  however,  that  all  duly  elected,  qualified  and  acting  super- 
visors residing  within  the  proposed  new  county  at  the  time  of  the  division  of  such 
county  into  supervisorial  districts  as  hereinbefore  in  section  3  hereof  provided,  shall 
hold  office  of  supervisors  in  said  new  county  for  the  remainder  of  the  term  for  which 
they  were  elected  on  qualifying  as  supervisors  for  the  respective  districts  in  which  they 
reside,  as  said  districts  are  organized  as  provided  in  this  act. 

Justices  and  constables.    School  trustees. 

Provided  also,  that  all  duly  elected,  qualified,  and  acting  justices  of  the  peace  and 
constables  residing  within  the  proposed  new  county  at  the  time  of  the  division  of  such 
county  into  judicial  townships  as  hereinbefore  in  section  3  hereof  provided,  shall  hold 
office  as  such  justices  of  the  peace  or  constables  in  said  county  for  the  remainder  of 
the  term  for  which  they  were  elected  on  qualifying  as  justices  of  the  peace  or  con- 
stables for-  the  respective  townships  in  which  they  reside,  when  said  townships  are 
organized  as  provided  in  this  act;  also  provided  that  all  duly  elected,  qualified  and 
acting  school  trustees  residing  within  the  proposed  new  county  at  the  time  of  the 
division  of  such  county  into  school  districts  as  hereinbefore  in  section  3  hereof  pro- 
vided shall  hold  office  as  school  trustees  in  said  new  county  for  the  remainder  of  the 
term  for  which  they  were  elected  on  qualifying  as  school  trustees  for  the  respective 
districts  in  which  they  reside  as  said  districts  are  organized  as  provided  by  this  act. 

Bond  on  oath  of  of&ce.    Duties  of  new  officers. 

Each  person  elected  or  appointed  to  fill  an  office  of  such  new  county  under  the  pro- 
visions of  this  act  shall  qualify  in  the  manner  provided  by  law  for  such  officers,  except 
as  herein  otherwise  provided  and  shall  enter  upon  the  discharge  of  the  duties  of  his 
office  within  twenty  days  after  the  receipt  of  the  certificate  of  his  election.  Each  of 
such  officers  may  take  the  oath  of  office  before  any  officer  authorized  by  the  law  of  the 
state  of  California  to  administer  oaths  and  the  bond  of  any  officer  from  which  a  bond 
is  required  shall  be  approved  by  any  judge  of  the  superior  court  of  any  county  from 
which  territory  was  taken  to  form  such  new  county.  The  officers  elected  or  appointed 
under  the  provisions  of  this  act  shall  each  perform  the  duties  and  receive  the  com- 
pensation now  provided  by  general  law  for  the  office  to  which  he  has  been  appointed 
or  elected  in  counties  of  the  class  to  which  such  new  county  shall  have  been  deter- 
mined to  belong  as  herein  provided  under  the  general  classification  of  counties  in  this 
state. 
Vacancies  in  ofl&ce,  old  county. 

§  6.     If  by  reason  of  the  provisions  of  section  5  of  this  act,  any  vacancies  in  the 
offices  of  supervisors,  justices  of  the  peace,  constables  or  school  trustees  are  created 


I 


455 


COUNTIES.  Act  1075,  §§  7,  8 


in  the  old  county  or  counties,  the  vacancies  shall  be  filled,  as  is  now  provided  by  gen- 
eral laws,  for  the  unexpired  terms  of  such  officers  respectively ;  and  the  board  of  super- 
visors of  such  old  county  shall  redistriet  the  territory  remaining  therein  into  super- 
visorial districts  and  in  any  of  such  districts  in  which  none  of  the  remaining 
supervisors  reside  the  office  of  supervisor  shall  be  deemed  to  be  vacant  and  supervisors 
for  such  district  shall  be  appointed  as  by  general  law  provided. 

Supervisors  to  notify  governor.    Governor  to  appoint  commissioners.    Powers  of  com- 
mission.   Sheriff  to  execute  orders. 

§  7,  It  shall  be  the  duty  of  the  persons  elected  to  or  continuing  to  hold  the  office  of 
supervisors  of  said  new  county  to  meet  at  the  county  seat  thereof  within  five  days 
after  all  of  them  shall  have  qualified,  and  upon  organization  of  said  board  of  super- 
visors, it  shall  notify  the  governor  of  the  state  of  the  organization  of  said  county,  and 
thereupon  it  shall  be  the  duty  of  the  governor  to  appoint  three  persons  one  of  whom 
shall  be  a  resident  and  taxpayer  within  the  new  county,  and  no  two  of  whom  shall  be 
from  any  one  county;  the  three  persons  so  appointed  shall  form  and  be  a  board  of 
commissioners.  Such  commissioners  shall  within  ten  days  after  the  notice  of  their  ap- 
pointment, meet  at  the  county  seat  of  the  new  county  and  organize  by  electing  from 
their  number  a  chairman,  and  also  elect  a  secretary  who  must  not  be  a  member  of  said 
commission.  Thereafter  such  commission  may  meet  at  such  place  or  places  as  it  may 
select.  A  majority  of  said  commissioners  shall  constitute  a  quorum  for  the  trans- 
action of  business.  Said  commission  shall  have  power  to  compel  by  citation  or  sub- 
poena signed  by  their  president  and  secretary'  the  attendance  of  such  persons  and  the 
production  of  such  books  and  papers  before  said  commission  as  may  be  required  in  the 
performance  of  the  duties  imposed  by  this  act  except  that  the  official  records  of  any 
county  or  counties  from  which  said  new  county  was  formed  shall  in  no  case  be  taken 
from  the  county  seat  of  said  county.  It  shall  be  the  duty  of  the  sheriff  of  any  county 
to  execute  in  his  county  all  lawful  orders  and  citations  of  the  said  commission;  and  for 
any  services  so  performed  the  sheriff  shall  be  allowed  the  same  fees  as  are  allowed  to 
him  for  services  in  civil  actions  and  all  witnesses  attending  before  said  commission 
shall  be  entitled  to  the  same  compensation  and  mileage  as  is  allowed  to  witnesses  in 
civil  actions;  provided,  that  no  witness  shall  be  excused  from  attendance  at  the  time 
and  place  mentioned  in  said  order  or  citation  by  reason  of  the  failure  of  the  officer 
making  such  service  to  tender  to  such  witness  his  fees  and  mileage  in  advance. 

General  duties  of  board  of  commissioners.    Indebtedness  of  old  county,  how  appor- 
tioned.   Indebtedness  of  new  to  old  county. 

$  8.  Said  board  of  commissioners  shall  immediately  after  its  organization  ascertain 
the  costs  of  the  election  held  hereunder  and  apportion  the  same  equally  between  each  of 
the  counties  from  which  territory  was  taken  to  form  such  new  county,  and  said  new 
county,  and  shall  also  ascertain  the  indebtedness  of  each  county  from  which  territory 
was  taken  to  form  the  new  county,  as  the  same  existed  at  the  time  when  the  result 
of  the  election  thereon  was  declared  by  the  board  of  supervisors  as  hereinbefore  pro- 
vided, and  also  the  total  value  of  all  property  at  that  time  belonging  to  each  of  said 
counties  from  which  territoi-y  was  taken,  and  situate  within  the  limits  of  said  old 
counties  respectively.  It  shall  also  ascertain  the  assessed  value  of  all  property  in  each 
of  the  original  old  counties  from  which  territory  was  so  taken,  according  to  the  last 
completed  assessment  made  for  said  county,  and  also  the  assessed  value,  under  the  same 
assessment,  of  all  property  within  the  territory  of  the  new  county  which  shall  have  been 
taken  from  the  old  county  or  counties  from  which  said  new  county  was  formed.  They 
shall  then  find  the  difference  between  the  amount  of  the  indebtedness  of  the  old  county 
and  the  value  of  the  property  belonging  to  the  old  county  at  the  date  of  the  declaration 
of  the  result  of  said  election  as  hereinbefore  provided,  and  if  such  indebtedness  exceeds 


*ct  1075,  §§  9,  10  GENERAL   LAWS.  456 

the  value  of  such  property  belonging  to  the  old  county,  the  new  county  shall  pay  to  the 
old  county  a  due  proportion  thereof,  to  be  determined  as  follows:  As  said  assessed 
value  of  the  property  in  the  old  county  is  to  the  said  assessed  value  of  the  property 
in  the  territory  provided  by  this  act  to  be  incorporated  within  the  new  county  from  said 
old  county,  so  is  the  amount  of  said  excess  to  the  amount  to  be  paid  by  said  new 
county  to  said  old  county.  Said  board  of  commissioners  shall  certify  forthwith  to  the 
boards  of  supervisors  of  the  new  county  and  the  old  counties  thereby  affected,  the 
amount  constituting  the  due  proportion  of  said  excess  payable  by  such  new  county 
to  each  of  them;  also  the  value  of  any  property  belonging  to  each  old  county  at  the  time 
when  said  division  took  effect  as  hereinbefore  provided,  which  is  situated  in  the  new 
county.  The  sum  of  said  ascertained  value  of  said  last  mentioned  property  added  to 
the  ascertained  proportion  of  said  excess  which  the  new  county  is  to  pay  to  the  old 
county,  and  its  proportion  of  the  expense  of  said  election  as  aforesaid,  shall  be  an 
indebtedness  from  the  new  county  to  the  old  county,  and  the  said  property  situated 
as  aforesaid  in  the  new  county,  shall  upon  settlement  therefor,  as  provided  in  this  act, 
become  the  property  of  the  new  county,  and  the  old  county  shall  pay  the  entire  indebt- 
edness against  it,  and  the  expense  of  said  election  shall  be  paid  by  the  county  calling 
6uch  election,  and  any  other  county  affected  thereby  shall  pay  its  proportion  thereof 
fts  hereinbefore  provided. 

How  debt  may  be  paid. 

The  proceedings  in  this  section  required  to  be  taken  in  the  ascertainment  and  adjust- 
ment of  property  rights  and  debts  shall  be  had  and  taken  as  between  said  new  county 
and  each  of  the  counties  from  which  territory  is  taken  to  form  said  new  county  in 
the  manner  and  at  the  ratio  in  said  section  provided.  If  upon  the  settlement  between 
the  old  and  the  new  county  as  herein  provided  for,  the  new  county  shall  be  found  to 
be  indebted  to  the  old  county  or  either  of  the  old  counties,  the  money  necessary  to  pay 
said  indebtedness  shall  be  raised  by  a  tax  levied  upon  the  property  contained  in  said 
new  county  and  said  new  county  shall  pay  the  same;  provided,  however,  that  such  pay- 
ment by  said  new  county  may  be  made  in  not  more  than  three  equal  annual  payments, 
or  by  funds  to  be  derived  from  the  sale  of  bonds  of  said  new  county,  as  may  be  deter- 
mined by  a  resolution  of  the  board  of  supervisors  of  said  new  county  adopted  within 
one  year  after  the  receipt  of  the  statement  from  the  board  of  commissioners  as  afore- 
said of  the  amount  or  amounts  due  from  it. 

Compensation  of  commissioners.     Expenses,  how  payable. 

§  9.  Members  of  the  board  of  commissioners  provided  for  under  this  act  shall 
receive  a  compensation  of  not  to  exceed  $8  per  day  for  every  day  they  are  actually 
employed  under  the  provisions  of  this. act,  together  with  their  actual  expenses  incurred 
in  the  performance  of  their  duties,  and  the  clerk  of  said  board  shall  receive  as  com- 
pensation for  his  services  not  to  exceed  $5  per  day  for  every  day  that  he  is  actually 
employed  under  the  provisions  of  this  act,  all  of  which  expenses,  together  with  the 
reasonable  expenses  of  stationery,  postage,  and  incidental  expenses  shall  be  borne  in 
equal  proportions  by  the  counties  affected  by  such  division  including  said  new  countj^, 
and  the  amounts  payable  by  each  county  shall  be  paid  by  the  treasurers  of  the 
respective  counties  after  the  same  shall  have  been  presented  to  and  allowed  by  the 
board  of  supervisors  as  is  provided  by  law  f ot  claims  against  any  county. 

General  duties  of  officers  of  new  county.    Copies  of  assessments. 

§  10.  After  the  creation  of  a  new  county  as  herein  provided  its  officers  shall  pro- 
ceed to  complete  all  proceedings  necessary  for  the  assessment  or  collection  of  the  state 
and  county  taxes  for  the  then  current  year  and  all  acts  and  steps  theretofore  taken  by 
the  officers  of  the  old  county  or  counties  prior  to  the  creation  of  the  new  county  shall 
be  deemed  and  taken  as  having  been  performed  by  the  officers  of  the  new  couiity  for 


1 


457  COUNTIES.  Act  1075,  §§  11-13 

the  benefit  of  the  new  county;  and  upon  the  creation  of  the  new  county  it  shall  be  the 
duty  of  the  officers  of  the  old  county  or  counties  to  immediately  execute  and  deliver 
to  the  board  of  supervisors  of  such  new  county  copies  of  all  assessments  or  other 
proceeding?,  relative  to  the  assessment  and  collection  of  the  current  state  and  county 
taxes  of  property  in  such  new  county.  Such  copies  shall  be  filed  with  the  respective 
officers  of  the  new  county  who  would  have  the  custody  of  the  same  if  the  proceeding 
had  been  originally  had  in  the  new  county  and  such  certified  copies  shall  be  taken  and 
deemed  as  originals,  and  original  proceedings  in  the  new  county,  and  all  proceedings 
therein  recited  shall  be  taken  and  deemed  as  original  proceedings  in  the  new  county, 
and  shall  have  the  same  effect  as  if  the  proceedings  therein  stated  had  been  had  at 
the  proper  time  and  in  the  proper  manner  by  the  respective  officials  of  the  new  county, 
and  the  officials  of  the  new  county  are  hereby  authorized  and  directed  to  proceed 
thenceforth  with  the  assessment  and  collection  of  said  taxes  as  if  the  proceedings 
originally  had  in  the  old  county  or  counties  had  been  originally  had  in  the  new  county. 

Duty  of  superintendent  of  schools.     Duty  of  auditor.     Transfer  of  moneys. 

§  11.  The  superintendent  of  public  schools  of  the  old  county  or  each  of  the  old 
counties  respectively  shall  furnish  the  superintendent  of  public  schools  of  the  new 
county  with  a  certified  copy  of  the  last  school  census  of  the  different  school  districts 
in  the  territory  set  apart  to  form  the  new  county,  and  draw  his  warrant  on  the  treas- 
urer of  his  county  in  favor  of  the  treasurer  in  the  new  county,  for  all  the  money  that 
is  or  may  be  due  by  any  apportionment  or  otherwise  to  the  different  school  districts 
embraced  in  the  new  countj'-,  from  his  county  and  the  auditor  of  each  old  county 
shall  in  like  manner  respectively  draAv  his  warrant  on  the  treasurer  of  his  county 
in  favor  of  the  treasurer  of  the  new  county  for  all  money  that  is  or  may  be  due  by 
apportionment  or  otherwise  to  the  different  road  and  supervisorial  or  district  funds,  in 
the  territory  set  apart  to  form  the  new  county,  from  his  county,  which  said  amounts 
shall  be  properly  credited  in  both  counties.  And  whenever  in  the  formation  of  a  new 
county,  a  road,  supervisorial  or  school  district  has  been  divided  the  board  of  super- 
visors shall  by  resolution  direct  the  treasurer  to  ti'ansfer  the  proper  proportionate 
amount  of  the  money  remaining  in  the  fund  of  such  district  to  the  treasurer  of  the 
new  county. 

Books  and  records.     Certificate  of  recorder. 

§  12.  The  board  of  supervisors  of  any  new  county  formed  as  aforesaid  must  provide 
suitable  books  and  have  transcribed  from  the  records  of  the  old  county  or  counties  all 
such  parts  thereof  as  relate  to  or  affect  property  or  the  title  thereof  situate  in  the  new 
county,  and  said  records  when  so  transcribed  and  certified  as  herein  provided  shall 
have  the  same  force  and  effect  as  such  original  records;  and  the  compensation  for  said 
services  shall  be  fixed  and  allowed  by  the  board  of  supervisors  of  such  new  county  at 
not  to  exceed  eight  cents  per  folio  for  transcribing.  The  recorder  of  the  old  county  or 
counties  shall  compare  the  books  of  such  transcripts  and  attach  to  each  volume  a  cer- 
tificate under  his  seal  of  office  of  the  correctness  of  the  records  therein  copied,  for 
which  service  of  comparing  he  shall  be  entitled  to  charge  not  to  exceed  two  cents  per 
folio,  and  for  each  certificate  a  sum  not  to  exceed  twenty-five  cents. 

Transfer  of  actions. 

$  13.  All  actions  pending  in  the  superior  court  of  the  old  county  or  counties  for  the 
recoverj'  of  the  possession  of,  quieting  the  title  to  or  for  the  enforcement  of  liens  upon, 
real  estate  lying  in  the  new  county  shall  on  motion  of  any  party  thereto  be  transferred 
to  the  superior  court  of  the  new  county;  and  thereafter  shall  be  subject  to  the  same 
laws  as  if  said  action  had  been  originally  brought  in  the  superior  court  of  the  new 
county.    All  other  actions  or  special  proceedings  pending  in  the  superior  court  or  courts 


^ 


Aft  lore,  §§  1, 3  GENERAL   LAWS.  458 

of  said  old  county  or  counties,  wliicli  might  have  been  commenced  in  said  new  county 
if  said  new  county  had  been  in  existence  at  the  date  of  the  commencing  thereof,  may 
in  the  discretion  of  the  court  in  which  it  is  pending  and  on  motion  of  any  party 
interested  therein,  be  transferred  to  the  superior  court  of  such  new  county. 

Posting  notices. 

§  14.  Whenever  in  this  act  publication  of  any  notice  is  provided  for  and  no  news- 
paper of  general  circulation  is  published  within  the  territory  in  which  said  notice  is 
required  to  be  published,  notice  shall  be  given  by  posting  copies  of  such  notice  in  at 
least  ten  public  places  in  such  territory  for  the  same  length  of  time  said  notice  was 
required  to  be  published.  , 

Assembly  and  senatorial  districts. 

^  15.     The  teiTitory  within  the  limits  of  any  new  county  until  otherwise  provided  by  ( 

law  shall  constitute  and  continue  a  part  of  the  assembly  and  senatorial  districts  to  ' 

which  the  same  belonged  prior  to  such  county  division. 

Notaries  public. 

§  16.     The  notaries  public  of  the  old  county  who  are  residents   of  the   territory 

embraced  in  the  new  county  at  the  date  of  its  creation  shall  hold  their  offices  until  the  I 

expiration  of  their  terms  and  shall  be  re-commissioned  as  notaries  public  in  and  for  ) 

the  new  county  until  the  expiration  of  their  terms  and  the  governor  shall  from  time  to  J 

time  appoint  such  additional  notaries  public  for  the  new  county  as  he  may  deem  j 

requisite.  i 

Penalty  for  violation  of  act.  | 

§  17.  Any  member  of  any  board  of  supervisors  or  any  other  oflBcer  who  violates  any 
of  the  provisions  of  this  act,  or  fails  to  perform  any  duty  imposed  upon  him  hereunder, 
shall  be  guilty  of  a  misdemeanor  and  of  malfeasance  in  office  and  be  deprived  of  his 
office  by  the  decree  of  a  court  of  competent  jurisdiction  after  trial  and  conviction. 

$  18.     All  acts  or  parts  of  acts  which  are  in  conflict  herewith  are  hereby  repealed.  i 

§  19.     This  act  shall  take  effect  immediately.  I 

MISAPPROPRIATED  SCHOOL  MONEY. 
ACT  1076 — An  act  granting  relief  to  counties  by  extending  the  time  within  which 
county  treasurers  are  required  to  make  semi-annual  settlements  with  the  state  con- 
troller and  state  treasurer  in  cases  in  which  school  money  of  such  counties  have  been 
misappropriated. 

History:      Approved   May  1,  1911,   Stats.   1911,   p.   1465. 

Misappropriated  school  money  may  be  deducted  at  semi-annual  settlement. 

§  1.  Whenever  it  shall  chance  that  the  state  school  money  of  any  semi-annual  settle- 
ment retained  by  any  county  treasurer,  under  the  provisions  of  section  3866  of  the 
Political  Code,  shall  have  been  misappropriated,  and  as  a  result  thereof,  the  primary 
schools  of  such  county  are  embarrassed  for  lack  of  funds,  a  sum  equal  to  the  amount  of 
school  money  so  retained  and  misappropriated  may  be  deducted  from  such  moneys  as 
the  treasurer  of  such  county  shall  be  required  to  pay  over  to  the  state  treasurer  at  the 
next  semi-annual  settlement. 

Used  for  support  of  primary  schools.  ^^|B 

§  2.  The  sum  deducted  from  the  moneys  due  the  state  at  any  semi-annual  settlement, 
as  provided  in  section  1  of  this  act,  together  with  the  sum  authorized  to  be  retained  by 
{he  county  treasurer,  under  the  provisions  of  section  3866  of  the  Political  Code,  shall 
be  used  for  the  support  of  the  primary  schools  of  such  county. 


459  COrXTIES.  Act  1077,  §§  1-4 

Supervisors  to  levy  additional  tax  to  pay  state. 

^  3.  The  board  of  supervisors  of  any  county  availing  itself  of  the  provisions  of  this 
act,  shall  on  the  third  Monday  in  September,  immediately  following  the  semi-annual 
settlement  at  which  the  deduction  authorized  in  section  1  of  this  act  is  made,  shall 
provide  in  the  tax  rate  fixed  for  county  purposes,  for  an  additional  tax  sufficient  to 
raise  a  sum  equal  to  the  amount  deducted,  as  herein  provided  for,  and  said  board  of 
supervisors  shall  thereupon  levy  such  additional  tax,  as  will  enable  the  county  to  repay 
the  state  of  California  such  sum  deducted  from  the  semi-annual  settlement,  and  such 
payment  shall  be  made  at  the  time  of  the  semi-annual  May  settlement  following  the 
date  of  such  levy. 

$  4.    This  act  shall  take  effect  immediately. 

REPORTS  OF  FINANCIAL  TRANSACTIONS. 

ACT  1077 — An  act  requiring  the  compilation  and  publication  of  reports  of  the  financial 

transactions  of  the  several  counties  and  municipalities  of  the  state,  and  making  an 

appropriation  therefor. 

History:     Approved  April  21,  1911,  Stats.  1911,  p.  1071.     Amended 
May  20,  1915.     In  effect  August  8,  1915.     Stats.  1915,  p.  659. 

Controller  to  compile  annual  financial  reports  of  counties  and  cities. 

§  1.  The  state  controller  is  hereby  directed  to  compile  and  publish  annually  reports 
of  the  financial  transactions  of  each  county  and  municipal  corporation  within  the  state, 
together  with  such  other  matter  as  said  controller  may  deem  to  be  of  public  interest. 
Such  reports  shall  be  made  in  the  time,  form  and  manner  prescribed  by  the  said 
controller. 

County  and  city  officers  to  furnish  reports. 

§  2.  It  shall  be  the  duty  of  the  officers  of  each  county  and  municipal  corporation 
having  charge  of  the  financial  records  thereof  to  furnish  to  the  controller  in  the  time, 
form  and  manner  required  by  him,  full  and  true  reports  of  all  the  financial  transactions 
of  such  county  or  municipal  corporation  during  the  fiscal  year  next  preceding  the  time 
of  the  making  of  such  reports. 

False  financial  reports  misdemeanor.    Penalty  for  failure  to  file  report. 

^  3.  Any  officer  of  a  county  or  of  a  municipality  who  wilfully  and  knowingly  renders 
a  false  report  shall  be  guilty  of  a  misdemeanor.  Any  officer  of  a  county  or  of  a  munic- 
ipality when  designated  by  the  controller  to  make  the  report  required  by  this  act,  who 
fails,  neglects  or  rel'uses  to  make  and  file  such  report  within  twenty  days  after  receipt 
of  such  designation  and  request,  shall  forfeit  to  the  state  one  thousand  dollars  to  be 
recovered  in  an  action  at  law,  which,  upon  the  request  of  the  controller,  it  shall  be  the 
duty  of  the  attorney  general  to  prosecute  in  the  name  of  the  people  of  the  state  of 
California.  [Amendment  of  May  20,  1915.  In  effect  August  8,  1915.  Stats.  1915, 
p.  659.] 

Controller  to  appoint  accountant  to  investigate  false  reports. 

§  4.  In  case  reports  are  not  made  in  the  time,  form  and  manner  required  or  there  is 
reason  to  believe  that  any  report  is  false  or  incorrect,  the  controller  shall  appoint  some 
qualified  accountant  to  make  an  investigation  thereof,  and  to  obtain  the  information 
required.  The  accountant  appointed  shall  report  to  the  controller  the  results  of  inves- 
tigation and  a  copy  thereof  shall  be  filed  with  the  legislative  body  of  the  county  or 
municipal  corporation,  the  accounts  of  which  were  so  investigated.  In  case  a  similar 
investigation  has  to  be  made  of  the  accounts  of  any  county  or  municipal  corporation  for 
two  successive  years,  a  certified  copy  of  the  results  of  the  investigation  last  made  shall 


Actl085,gl  GEXERAI.    I,.V\VS.  400 

be  transmitted  to  tlio  crt'imd  jury  of  the  county  so  investigated  or  in  which  the  municipal 
corporation  so  investigated  is  situated. 

Appropriation. 

§  5.  The  sum  of  two  thousand  dollars,  or  so  much  thereof  as  may  be  necessary  is 
hereby  apj>ropriated  out  of  any  moneys  not  otherwise  apjiropriated,  to  be  expended  by 
the  controller  for  the  purpose  of  carrying:  out  the  provisions  of  this  act, 

COUNTY  AUDITOR. 
See  "Auditors." 


CHAPTER  76. 

COUNTY  BOUNDARIES. 

References:   County  boundaries  of  particular  counties,  see  Kerr's  Cyc.  Political  Code, 
particular  county.     See,  also,  particular  counties,  this  book. 
County  boundary  disputes,  settlement  of,  see  Kerr's  Cyc.  Political  Code,  §  3969. 

CONTENTS  OF  CHAPTER. 

ACT  1085.  Location  of  Boundary  Line  Between  Butte  and  Plumas  Counties. 

1086.  Location  of  Boundary  Line  Between  Butte  and  Yuba  Counties. 

10S7.  Location  op  Boundary  Line  Between  Plumas  and  Lassen  Counties 

loss.  Location  of  Boundary  Line  Between  Glenn  and  Colusa  Counties. 

1091.  Defining  Boundaries  Between  Humboldt,  Mendocino,  Trinity  and  Klamath 

Counties. 

1092.  Location  of  Boundary  Line  Between  Shasta  and  Plumas  Counties. 

1093.  Better  Define  the  Boundary  Line  Between  Shasta  and  Plumas  Counties. 

1094.  Survey  of  Boundary  Line  Between  Siskiyou  and  Lassen  Counties. 

1095.  Define  Boundary  Line  of  Napa  County  Adjoining  Lake  and  Yolo  Counties. 

1096.  Location  of  Boundary  Line  Between  San  Luis  Obispo  and  Kern  Counties. 

1097.  Establishment  of  County  Line  Between  Fresno  and  Tulare  Counties. 

1098.  Clearly  Defining  Boundary  Line  Between  Lake  and  Yolo  Counties. 

1099.  Location  of  Boundary  Line  Between  Shasta  and  Lassen  Counties. 

1100.  Establishment  of  Boundary  Line  Between  Humboujt  and  Del  Norte  and 

Siskiyou  Counties. 

1101.  Election  to  Change  and  Locate  Boundary  Line  Between  Kings  and  Fresno 

Counties. 

1102.  Changing  and  Locating  Boundary  Between  Kings  and  Fresno  Counties 

1103.  Location  oi*  Boundary  Line  Between  Lake  and  Glenn,  Lake  and  Mendocino 

AND  Lake  and  Colusa  Counties. 

1104.  Location  of  Boundary  Between  Mendocino  and  Glenn  Counties. 

1105.  Location  of  Boundary  Between  Butte  and  Glenn  Counties. 

1106.  Location  of  Boundary  Between  Mendocino  and  Sonoma  Counties. 

1107.  Location  of  Boundary  Between  Kern  and  San  Bernardino  Counties. 

1108.  Location  of  Boundary  Between  Lake  and  Mendocino  Counties. 

1109.  Location  of  Boundary  Between  Riverside  and  San  Bernardino  Counties. 

BUTTE  AND  PLUMAS. 
ACT  1085 — An  act  to  change  and  permanently  locate  the  boundary  line  between  the 
counties  of  Butte  and  Plumas. 

History:     Approved  March  23,  1901,  Stats.  1901,  p.  549. 

Boundary  line  between  Butte  and  Plumas  counties. 

^  1.  The  boundary  line  between  the  counties  of  Butte  and  Plumas  is  hereby 
established  and  permanently  located  as  follows:  Beginning  at  the  corner  common  to 
sections  nine,  ten,  fifteen  and  sixteen,  township  twenty  north,  range  eight  east,  Mount 
Diablo  base  and  meridian,  and  running  thence  north  one-quarter  of  a  mile,  thence  west 
one-half  mile,  thence  north  three-quarters  of  a  mile  to  the  quarter  section  comer 
between  sections  four  and  nine,  said  township  and  range,  thence  west  to  the  corner 
common  to  sections  four,  five,  eight  and  nine,  said  township  and  range,  thence  north 


4G1  COUNTY    BOUNDARIES.  Act  10S5,  §  1 

one-half  mile  to  the  quarter  section  corner  betAveen  said  sections  four  and  five,  thence 
west  one  mile  to  the  quarter  section  corner  between  sections  five  and  six,  said  township 
and  range,  thence  north  one-half  mile — more  or  less —  to  the  north  corner  of  sections 
five  and  six,  said  township  and  range,  thence  west  on  township  line  one  and  a  quarter 
miles — more  or  less — to  the  southwest  corner  of  sections  thirty-one,  township  twenty- 
one  north,  range  eight  east,  Mount  Diablo  base  and  meridian,  thence  north  on  town- 
ship line,  two  miles  to  the  east  corner  of  sections  twenty-four  and  twenty-five,  township 
twenty-one  north,  range  seven  east,  Mount  Diablo  base  and  meridian,  thence  west  one 
mile  to  the  corner  common  to  sections  twenty-three,  twenty-four,  twenty-five  and 
twenty-six,  said  township  and  range,  thence  north  one-half  mile  to  the  quarter  section 
corner  between  sections  twenty-three  and  twenty-four,  said  township  and  range,  thence 
west  one-half  mile  to  the  center  of  said  section  twenty-three,  thence  north  one-half 
mile  to  the  quarter  section  corner  between  sections  fourteen  and  twenty-three,  said 
township  and  range,  thence  west  one-half  mile  to  the  corner  common  to  sections  four- 
teen, fifteen,  twenty-two  and  twenty-three,  said  township  and  range,  thence  north  one 
mile  to  the  corner  common  to  sections  ten,  eleven,  fourteen  and  fifteen,  said  township 
and  range,  thence  west  one  mile,  thence  north  one  mile,  thence  west  one  mile,  thence 
north  two  miles,  thence  west  one  mile,  thence  north  one  mile,  thence  west  one  mile, 
to  the  east  comer  of  sections  twenty-four  and  twenty-five,  township  twenty-two  north, 
range  sixteen  east.  Mount  Diablo  base  and  meridian,  thence  north — on  township  line — 
one  mile  to  the  east  corner  of  sections  thirteen  and  twenty-four,  said  township  and 
range,  thence  west  one  mile  to  the  corner  common  to  sections  thirteen,  fourteen,  twent}'- 
three  and  twenty-four,  said  township  and  range,  thence  north  one  mile  to  the  comer 
common  to  sections  eleven,  twelve,  thirteen  and  fourteen,  said  township  and  range, 
thence  west  one  mile  to  the  corner  common  to  sections  ten,  eleven,  fourteen  and  fifteen, 
said  township  and  range,  thence  north  one  mile  to  the  corner  common  to  sections  two, 
three,  ten  and  eleven,  thence  west  one  quarter  mile,  thence  north  one  quarter  mile, 
thence  west  one  quarter  mile,  thence  north  one  quarter  mile  to  the  center  of  section 
three,  said  township  and  range,  thence  west  three  quarters  of  a  mile,  thence  north  one 
half  mile  to  the  north  boundary  of  section  four,  said  township  and  range,  thence  west 
on  township  line  one  half  mile,  thence  north  one  mile,  thence  west  three  quarters  of  a 
mile  to  the  quarter  section  corner  between  sections  twenty-nine  and  thirty-two,  town- 
ship twenty-three  north,  range  six  east,  Mount  Diablo  base  and  meridian,  thence  north 
one  mile  to  the  quarter  section  corner  between  sections  twenty  and  twenty-nine,  said 
township  and  range,  thence  west  one  mile  to  the  quarter  section  corner  between  sections 
nineteen  and  thirty,  said  township  and  range,  thence  north  one  mile  to  the  quarter 
section  corner  between  sections  eighteen  and  nineteen,  said  township  and  range,  thence 
west  one  half  mile  to  the  west  corner  of  said  sections  eighteen  and  nineteen,  thence 
north — on  township  line — one  mile  to  the  east  corner  of  sections  twelve  and  thirteen, 
township  twenty-three  north,  range  five  east,  thence  west  one  mile  to  the  corner  com- 
mon to  sections  eleven,  twelve,  thirteen  and  fourteen,  said  township  and  range,  thence 
north  one  half  mile  to  the  quarter  section  corner  between  said  sections  eleven  and 
twelve,  thence  west  one  mile  to  the  quarter  section  corner  between  sections  ten  and 
eleven,  said  township  and  range,  thence  north  one  half  mile  to  the  corner  common  to 
sections  two,  three,  ten,  and  eleven,  said  township  and  range,  thence,  west  one  mile  to 
the  corner  common  to  sections  three,  four,  nine,  and  ten,  said  township  and  range, 
thence  north  one  mile  to  the  north  corner  of  said  sections  three  and  four,  two  miles  to 
the  corner  common  to  sections  twenty-seven,  twenty-eight,  thirty-three,  and  thirty- 
four,  township  twenty-four  north,  range  five  east,  Mount  Diablo  base  and  meridian, 
thence  west  one  mile  to  the  corner  common  to  sections  twenty-eight,  twenty-nine, 
thirty-two,  and  thirty-three,  said  township  and  range,  thence  north  one  mile  to  the 
corner   common   to   sections   twenty,  twenty-one,   twenty-eight,   and   twenty-nine,   said 


ActlOSe,  §1  GENERAL,  LAWS.  468 

township  and  range,  thence  east  one  mile  to  the  corner  common  to  sections  twenty-one, 
twenty-two,  twenty-seven,  and  twenty-eight,  said  township  and  range,  thence  north  one 
mile  to  the  corner  common  to  sections  fifteen,  sixteen,  twenty-one,  and  twenty-two,  said 
township  and  range,  thence  west  one  half  mile  to  the  quarter  section  corner  between 
said  sections  sixteen  and  twenty-one,  thence  north  two  miles  to  the  quarter  section  cor- 
ner between  sections  four  and  nine,  said  township  and  range,  thence  east  one  half  mile 
to  the  corner  common  to  sections  three,  four,  nine,  and  ten,  said  township  and  range, 
thence  north  one  mile  to  the  north  corner  of  sections  three  and  four,  said  township  and 
range,  two  miles  to  the  corner  common  to  sections  twenty-seven,  twenty-eight,  thirty- 
three,  and  thirty-four,  township  twenty-five  north,  range  five  east.  Mount  Diablo  base 
and  meridian,  thence  west  one  half  mile  to  the  quarter  section  corner  between  said 
sections  twenty-eight  and  thirty-three,  thence  north  two  miles  to  the  quarter  section 
corner  between  sections  sixteen  and  twenty-one,  said  township  and  range,  thence  east 
one  half  mile  to  the  corner  common  to  sections  fifteen,  sixteen,  twenty-one,  and  twenty- 
two,  said  township  and  range,  thence  north,  one  mile  to  the  corner  common  to  sections 
nine,  ten,  fifteen,  and  sixteen,  said  township  and  range,  thence  east  one  half  mile  to 
the  quarter  section  corner  between  said  sections  ten  and  fifteen,  thence  north  one  and 
one  half  miles  to  the  center  of  section  three,  said  township  and  range,  thence  east  one 
mile  to  the  center  of  section  two,  said  toAvnship  and  range,  thence  north  one  half  mile — 
more  or  less — to  the  quarter  section  corner  on  north  boundary  of  said  section  two, 
thence  east  on  township  line  to  the  quarter  section  corner  on  south  boundary  of  section 
thirty-five,  township  twenty-six  north,  range  five  east,  Mount  Diablo  base  and  meridian, 
thence  north  one  mile  to  the  quarter  section  corner  between  sections  twenty-six  and 
thirty-five,  said  township  and  range,  thence  east  one  half  mile  to  the  comer  common 
to  sections  twenty-five,  twenty-six,  thirty-five,  and  thirty-six,  said  township  and  range, 
thence  north  one  mile  to  the  corner  common  to  sections  twenty-three,  twenty-four, 
twenty-five,  and  twenty-six,  said  township  and  range,  thence  west  one  half  mile  to  the 
quarter  section  corner  between  said  sections  twenty-three  and  twenty-six,  thence  north 
one  and  one  half  miles  to  the  center  of  section  fourteen,  said  township  and  range, 
thence  west  one  half  mile  to  the  quarter  section  corner  between  sections  fourteen  and 
fifteen,  said  township  and  range,  thence  north  one  half  mile  to  the  corner  common  to 
sections  ten,  eleven,  fourteen,  and  fifteen,  said  township  and  range,  thence  west  one 
mile  to  the  corner  common  to  sections  nine,  ten,  fifteen,  and  sixteen,  said  township  and 
range,  thence  north  two  miles  to  the  north  corner  of  sections  three  and  four,  said 
township  and  range,  two  and  one  half  miles  to  the  quarter  section  comer  between  sec- 
tions thirty-three  and  thirty-four,  township  twenty-seven  north,  range  five  east,  Mount 
Diablo  base  and  meridian,  thence  west  one  and  three  quarters  miles — more  or  less — to 
the  Chico  and  Humboldt  road  at  the  corner  common  to  Plumas,  Butte,  and  Tehama 
counties. 

§  2.     All  other  acts  and  parts  of  acts  in  conflict  with  this  act  are  hereby  repealed. 
In  effect. 

^  3.     This  act  shall  take  effect  immediately. 

BUTTE  AND  YUBA. 
ACT  1086 — An  act  to  change  and  permanently  locate  the  boundary  line  between  the 
counties  of  Butte  and  Yuba. 

History:     Approved  February  25,  1897,  Stats.  1897,  p.  22 

Boundary  line  between  Butte  and  Yuba  counties. 

$  1.  The  boundary  line  between  the  counties  of  Butte  and  Yuba  is  hereby  established 
and  permanently  located  as  follows :  Beginning  at  the  intersection  of  the  south  line  of 
section  thirty-one,  of  township  nineteen  north,  range  six  east.  Mount  Diablo  base  and 
meridian^  with  the  west  branch  of  the  Honeut  Creek,   the  present  line'  between   the 


463  COUNTl    BOUJVDARIES.  Act  10S7,  §  1 

counties  of  Butte  and  Yuba,  and  running  tlience  east  to  the  southwest  corner  of  the 
southeast  one  quarter  of  the  southeast  one  quarter  of  section  thirty-one,  said  township 
and  range,  thence  north  three  quarters  of  a  mile,  thence  east  one  quarter  of  a  mile, 
thence  north  one  quarter  of  a  mile,  to  corner  common  to  sections  twenty-nine,  thirty, 
thirty-one,  and  thirty-two,  said  township  and  range;  thence  east  one  half  mile  to  the 
one  quarter  section  corner  between  sections  twenty-nine  and  thirty-two,  said  township 
and  range,  thence  north  one  half  mile  to  the  center  of  section  twenty-nine,  thence  east 
one  half  mile  to  the  one  quarter  section  corner  between  sections  twenty-eight  and 
twenty-nine,  said  township  and  range,  thence  north  three  quarters  of  a  mile,  thence 
east  one  quarter  of  a  mile,  thence  north  three  quarters  of  a  mile,  thence  east  one  quarter 
of  a  mile  to  the  one  quarter  section  corner  between  sections  sixteen  and  twenty-one,  said 
township  and  range,  thence  north  one  and  one  half  miles  to  the  center  of  section  nine, 
said  township  and  range,  thence  east  one  and  one  half  miles  to  the  one  quarter  section 
corner  between  sections  ten  and  eleven,  said  township  and  range,  thence  south  one  half 
mile  to  the  corner  common  to  sections  ten,  eleven,  fourteen,  and  fifteen,  said  township 
and  range,  thence  east  two  miles  to  the  corner  common  to  sections  twelve  and  thirteen, 
township  nineteen  north,  range  six  east,  and  sections  seven  and  eighteen,  township 
nineteen  north,  range  seven  east.  Mount  Diablo  base  and  meridian,  thence  north  one 
mile  to  the  corner  common  to  sections  one  and  twelve,  township  nineteen  north,  range , 
six  east,  and  sections  six  and  seven,  township  nineteen  north,  range  seven  east,  Mount 
Diablo  meridian,  thence  east  three  miles  to  the  corner  common  to  sections  three,  four, 
nine,  and  ten,  township  nineteen  north,  range  seven  east,  Mount  Diablo  meridian,  thence 
south  one  half  mile  to  one  quarter  section  corner  between  sections  nine  and  ten,  said 
township  and  range,  thence  east  one  and  one  half  miles  to  the  center  of  section  eleven, 
said  township  and  range,  thence  north  one  half  mile  to  the  one  quarter  section  corner 
between  sections  two  and  eleven,  said  township  and  range,  thence  east  one  half  mile  to 
the  corner  common  to  sections  one,  two,  eleven,  and  twelve,  said  township  and  range, 
thence  north  two  miles  to  the  comer  common  to  sections  twenty-five,  twenty-six,  thirty- 
five,  and  thirty-six,  township  twenty  north,  range  seven  east.  Mount  Diablo  meridian, 
thence  east  one  half  mile  to  one  quarter  section  corner  between  sections  twenty-five  and 
thirty-six,  said  township  and  range,  thence  north  one  half  mile  to  the  center  of  section 
twenty-five,  said  township  and  range,  thence  east  one  and  one  half  miles  to  the  one 
quarter  section  corner  between  sections  twenty-nine  and  thirty,  township  twenty  north, 
range  eight  east.  Mount  Diablo  meridian,  thence  north  one  quarter  of  a  mile,  thence 
east  one  half  of  a  mile,  thence  north  one  and  one  quarter  miles  to  the  one  quarter  section 
corner  between  sections  seventeen  and  twentj^,  said  township  and  range,  thence  east  one 
and  one  half  miles  to  the  corner  common  to  sections  fifteen,  sixteen,  twenty-one,  and 
twenty-two,  said  township  and  range,  thence  north  one  mile  to  the  corner  common  to 
sections  nine,  ten,  sixteen,  and  fifteen,  said  township  and  range,  thence  east  to  the  line 
between  Plumas  and  Butte  counties  at  its  intersection  with  the  northwest  boundary 
line  of  Yuba  county. 

5  2.    All  other  acts  and  parts  of  acts  in  conflict  with  this  act  are  hereby  repealed. 

$  3.    This  act  shall  take  effect  immediately. 

PLUMAS  AND  LASSEN. 
ACT  1087 — An  act  to  change  and  permanently  locate  the  boundary  line  between  the 
counties  of  Plumas  and  Lassen. 

History:     Approved  February  28,  1901,  Stats.  1901,  p.  76. 

Boundary  line  between  Plumas  and  Lassen  counties. 

$  1.  The  boundary  line  between  the  counties  of  Plumas  and  Lassen  is  hereby  estab- 
lished and  permanently  located  as  follows :  Beginning  on  the  south  boundary  of  town- 
ship twenty-two  north,  range  sixteen  east,  Mount  Diablo  base  and  meridian,  at  the 


Actios?,  ei  GENERAL,   LAWS.  464 

corner  common  to  sections  thirty-five  and  thirty-six,  and  running  thence  north  two 
miles  to  the  corner  common  to  sections  twenty-three,  twenty-four,  twenty-five,  and 
twenty-six,  said  township  and  range,  thence  east  one  mile  to  the  east  boundary  of  said 
township  and  range  at  the  corner  common  to  sections  twenty-four  and  twenty-five, 
thence  north  one  mile  to  the  west  corner  of  sections  eighteen  and  nineteen,  township 
twenty-two  north,  range  seventeen  east,  Mount  Diablo  base  and  meridian,  thence  east 
one  half  mile  to  the  quarter  section  corner  between  said  sections  eighteen  and  nine- 
teen, thence  north  one  mile  to  the  quarter  section  corner  between  sections  seven  and 
eighteen,  said  township  and  range,  thence  east  one  half  mile  to  the  corner  common  to 
sections  seven,  eight,  seventeen  and  eighteen,  said  township  and  range,  thence  north 
on  section  lines  to  the  south  corner  of  sections  thirty-one  and  thirty-two,  township 
twenty-three  north,  range  seventeen  east.  Mount  Diablo  base  and  meridian,  thence  north 
six  miles  to  the  south  corner  of  sections  thirty-one  and  thirty-two,  township  twenty- 
four  north,  range  seventeen  east.  Mount  Diablo  base  and  meridian,  thence  east  one  half 
mile,  thence  north  two  miles,  thence  west  one  half  mile,  thence  north  two  miles,  thence 
west  one  mile,  to  the  east  corner  of  sections  twelve  and  thirteen,  township  twenty-four 
north,  range  sixteen  east.  Mount  Diablo  base  and  meridian,  thence  north  one  half  mile 
to  the  quarter  section  corner  on  east  side  of  said  section  twelve,  thence  west  one  half 
*  mile  to  the  center  of  said  section  twelve,  thence  north  one  half  mile  to  the  quarter 
section  corner  between  sections  one  and  twelve,  said  township  and  range,  thence  west 
one  half  mile  to  the  corner  common  to  sections  one,  two,  eleven,  and  twelve,  said  town- 
ship and  range,  thence  north  one  half  mile  to  the  quarter  section  corner  between  said 
sections  one  and  two,  thence  west  one  half  mile  to  the  center  of  said  section  two, 
thence  north  one  half  mile  to  the  quarter  section  corner  on  north  boundary  of  said 
section  two,  thence  west  on  township  line  one  half  mile  to  the  south  corner  of  sections 
thirty-four  and  thirty-five,  township  twenty-five  north,  range  sixteen  east.  Mount  Diablo 
base  and  meridian,  thence  north  one  mile  to  the  corner  common  to  sections  twenty-six, 
twenty-seven,  thirty-four  and  thirty-fiv5,  said  township  and  range,  thence  west  one 
half  mile  to  the  quarter  section  corner  between  said  sections  twenty-seven  and  thirty- 
four,  thence  north  one  mile  to  the  quarter  section  corner  between  sections  twenty-two 
and  twenty-seven,  said  township  and  range,  thence  west  one  half  mile  to  the  corner 
common  to  sections  twenty-one,  twenty-two,  twenty-seven,  and  twenty-eight,  said  town- 
ship and  range,  thence  north  one  mile  to  the  corner  common  to  sections  fifteen,  sixteen, 
twenty-one,  and  twenty-two,  said  township  and  range,  thence  west  one  mile  to  the 
corner  common  to  sections  sixteen,  seventeen,  twenty,  and  twenty-one,  said  township 
and  range,  thence  north  two  miles  to  the  corner  common  to  sections  four,  five,  eight, 
and  nine,  said  township  and  range,  thence  west  one  half  mile  to  the  quarter  section 
corner  between  said  sections  five  and  eight,  thence  north  two  miles  to  the  corner  com- 
mon to  sections  twenty-eight,  twenty-nine,  thirty-two,  and'  thirty-three,  township 
twenty-six  north,  range  sixteen  east.  Mount  Diablo  base  and  meridian,  thence  west  one 
mile  to  the  corner  common  to  sections  twenty-nine,  thirty,  thirty-one,  and  thirty-two, 
said  township  and  range,  thence  north  one  mile  to  the  corner  common  to  sections  nine- 
teen, twenty,  twenty-nine,  and  thirty,  said  township  and  range,  thence  west  two  miles 
to  the  corner  common  to  sections  twenty-three,  twenty-four,  twenty-five,  and  twenty- 
six,  township  twenty-six  north,  range  fifteen  east.  Mount  Diablo  base  and  meridian, 
thence  north  one  and  a  half  miles  to  the  quarter  section  corner  between  sections 
thirteen  and  fourteen,  said  township  and  range,  thence  west  one  mile  to  the  quarter 
section  corner  between  sections  fourteen  and  fifteen,  said  township  and  range,  thence 
north  one  half  mile  to  the  corner  common  to  sections  ten,  eleven,  fourteen,  and  fifteen, 
said  township  and  range,  thence  west  four  miles  to  the  west  corner  of  sections  seven 
and  eighteen,  said  township  and  range,  thence  north,  on  township  line,  one  half  mile 
to  the  quarter  section  corner,  on  east  boundary  of  section  twelve,  township  twenty-six 


d 


465  COUIVTY  BOUNDARIES.  Act  1087,  §  1 

north,  range  fourteen  east,  Mount  Diablo  base  and  meridian,  thence  west  one  mile  to 
the  quarter  section  corner  between  sections  eleven  and  twelve,  said  township  and  range, 
thence  north  one  half  mile  to  the  corner  common  to  sections  one,  two,  eleven  and 
twelve,  said  township  and  range,  thence  west  one  mile  to  the  corner  common  to  sections 
two,  three,  ten  and  eleven,  said  township  and  range,  thence  north  three  quarters  of  a 
mile,  thence  west  one  mile,  thence  north  one  half  mile  to  the  north  corner  of  sections 
three  and  four,  said  township  and  range,  thence  west  on  township  line  one  half  mile  to 
the  quarter  section  corner  on  south  boundary  of  section  thirty-three,  township  twenty- 
seven  north,  range  fourteen  east.  Mount  Diablo  base  and  meridian,  thence  north  one 
mile  to  the  quarter  section  corner  between  sections  twenty-eight  and  thirty-three,  said 
township  and  range,  thence  west  one  half  mile  to  the  corner  common  to  sections  twenty- 
eight,  twenty-nine,  thirty-two  and  thirty-three,  said  township  and  range,  thence  north 
one  half  mile  to  the  quarter  section  corner  between  said  sections  twenty-eight  and 
twenty-nine,  thence  west  one  mile  to  the  quarter  section  corner  between  sections  thirty- 
nine  and  thirty,  said  township  and  range,  thence  north  one  half  mile  to  the  corner 
common  to  sections  nineteen,  twenty,  twenty-nine  and  thirty,  said  township  and  range, 
thence  west  one  half  mile  to  the  quarter  sections  corner  between  said  sections  nineteen 
and  thirty,  thence  north  one  mile  to  the  quarter  section  corner  between  sections  eighteen 
and  nineteen,  said  township  and  range,  thence  west  one  half  mile  to  west  corner  of  said 
sections  eighteen  and  nineteen,  thence  north  on  township  line  one  mile  to  the  east 
corner  of  sections  twelve  and  thirteen,  township  twenty-seven  north,  range  thirteen 
east.  Mount  Diablo  base  and  meridian,  thence  west  one  and  one  half  miles  to  the 
quarter  sections  corner  between  sections  eleven  and  fourteen,  said  township  and  range, 
thence  north  one  mile  to  the  quarter  section  corner  between  sections  two  and  eleven, 
said  township  and  range,  thence  west  one  half  mile  to  the  corner  common  to  sections 
two,  three,  ten  and  eleven,  said  township  and  range,  thence  north  one  mile  to  the  north 
corner  of  said  sections  two  and  three,  thence  west  on  township  line  one  mile  to  the 
south  corner  of  sections  twenty-three  and  thirty-four,  township  twenty-eight  north, 
range  thirteen  east,  Mount  Diablo  base  and  meridian,  thence  north  one  mile  to  the 
corner  common  to  sections  twenty-seven,  twenty-eight,  thirty-three  and  thirty-four, 
said  township  and  range,  thence  west  one  mile  to  the  corner  common  to  sections  twenty- 
eight,  twenty-nine,  thirty-two,  and  thirty-three,  said  township  and  range,  thence  north 
one  half  mile  to  the  quarter  section  corner  between  said  sections  twenty-eight  and 
twenty-nine,  thence  west  one  mile  to  the  quarter  sections  corner  between  sections 
twenty-nine  and  thirty,  said  township  and  range,  thence  north  one  half  mile,  thence 
west  one  and  a  half  miles  to  the  quarter  section  corner  between  sections  twenty-four 
and  twenty-five,  township  twenty-eight  north,  range  twelve  east,  thence  north  one  and 
a  half  miles  to  the  center  of  section  thirteen,  said  township  and  range,  thence  west 
two  and  one  half  miles  to  the  quarter  section  corner  between  sections  fifteen  and  six- 
teen, said  township  and  range,  thence  north  one  half  mile  to  the  corner  common  to 
sections  nine,  ten,  fifteen,  and  sixteen,  said  township  and  range,  thence  west  one  mile 
to  the  corner  common  to  sections  eight,  nine,  sixteen,  and  seventeen,  said  township  and 
range,  thence  north  one  half  mile  to  the  quarter  section  corner  between  said  sections 
eight  and  nine,  thence  west  one  half  mile  to  the  center  of  said  section  eight,  thence 
north  one  half  mile  to  the  quarter  section  corner  between  sections  five  and  eight,  said 
township  and  range,  thence  west  four  miles  to  the  quarter  section  corner  between  sec- 
tions three  and  ten,  township  twenty-eight  north,  range  eleven  east.  Mount  Diablo 
base  and  meridian,  thence  north  one  half  mile  to  the  center  of  said  section  three,  thence 
west  two  miles  to  the  center  of  section  five,  said  township  and  range,  thence  south  one 
half  mile  to  the  quarter  section  corner  between  sections  five  and  eight,  said  township 
and  range,  thence  west  one  half  to  the  corner  common  to  sections  five,  six,  seven,  and 
«ight,  said  township  and  range,  thence  south  one  half  mile  to  the  quarter  section 

Gen.  L>aws — 30 


^ 


Act  1088,  §1  GE.NERAI,   L  VWS.  464 

corner  between  said  sections  seven  and  eight,  thence  west  one  mile,  more  or  less,  to  the 
quarter  section  corner  on  the  west  boundary  of  said  section  seven,  thence  south  on 
township  line  one  and  a  half  mile,  more  or  less,  to  the  east  corner  of  sections  thirteen 
and  twenty-four,  township  twenty-eight  north,  range  ten  east.  Mount  Diablo  base  and 
meridian,  thence  west  one  mile  to  the  corner  common  to  sections  thirteen,  fourteen, 
twenty-three,  and  twenty-four,  said  township  and  range,  thence  south  one  half  mile 
to  the  quarter  corner  between  said  section  twentj'-three  and  twenty-four,  thence  west 
one  mile  to  the  quarter  section  coi-ner  between  sections  twentj'^-two  and  twenty-three, 
said  township  and  range,  thence  south  one  mile  to  the  quarter  section  corner  between 
sections  twenty-six  and  twenty-seven,  said  township  and  range,  thence  west  one  half 
mile  to  the  center  of  said  section  twenty-seven,  thence  south  one  half  mile  to  the 
quarter  section  corner  between  sections  twenty-seven  and  thirty-four,  said  township 
and  range,  thence  west  one  half  mile  to  the  comer  common  to  sections  twenty-seven, 
twenty-eight,  thirty-three  and  thirtj'^-four,  said  township  and  range,  thence  south  one 
half  mile  to  the  quarter  section  corner  between  said  sections  thirty-three  and  thirty- 
four,  thence  west  one  mile  to  the  quarter  section  corner  between  sections  thirty-two 
and  thirty-three,  said  township  and  range,  thence  south  three  miles  to  the  quarter 
section  comer  between  sections  sixteen  and  seventeen,  township  twenty-seven  north, 
range  ten  east,  Mount  Diablo  base  and  meridian,  thence  west  one  mile  to  the  quarter 
section  corner  between  sections  seventeen  and  eighteen,  said  township  and  range,  thence 
south  one  half  mile  to  the  corner  common  to  sections  seventeen,  eighteen,  nineteen  and 
twenty,  said  township  and  range,  thence  west  two  mites  to  the  corner  common  to  sections 
thirteen,  fourteen,  twenty-three  and  twenty-four,  township  twenty-seven  north,  range 
nine  east.  Mount  Diablo  base  and  meridian,  thence  north  one  mile  to  the  corner  com- 
mon to  sections  eleven,  twelve,  thirteen  and  fourteen,  said  township  and  range,  thence 
west  one  mile  to  the  corner  common  to  sections  ten,  eleven,  fourteen  and  fifteen,  said 
township  and  range,  thence  north  one  mile  to  the  corner  common  to  sections  two,  three, 
ten  and  eleven,  said  toAvnship  and  range,  thence  west  three  miles  to  the  comer  common 
to  sections  five,  six,  seven  and  eight,  said  township  and  range,  thence  north  one  mile 
to  the  north  corner  of  said  sections  five  and  six,  thence  west  on  township  line  two  miles 
to  the  south  corner  of  sections  thirty-five  and  thirty-six,  township  twenty-eight  north, 
range  eight  east.  Mount  Diablo  base  and  meridian,  thence  north  one  and  a  half  miles 
to  the  quarter  section  corner  between  sections  twenty-five  and  twenty-six,  said  town- 
ship and  range,  thence  west  one  mile  to  the  quarter  section  corner  between  sections 
twenty-six  and  twenty-seven,  said  township  and  range,  thence  north  twelve  miles,  more 
or  less,  to  the  quarter  section  corner  between  sections  twenty-two  and  twenty-three, 
township  thirty  north,  range  eight  east.  Mount  Diablo  base  and  meridian,  thence  west 
fourteen  miles,  more  or  less,  to  the  corner  common  to  the  counties  of  Lassen  and  Shasta. 

$  2.     All  other  acts  and  parts  of  acts  in  conflict  with  this  act  are  hereby  repealed. 

§  3.     This  act  shall  take  effect  immediately. 

GLENN  AND  COLUSA. 
ACT  1088 — An  act  to  change  and  permanently  locate  the  boundary  lines  between  the 
counties  of  Glenn  and  Colusa. 

History:     Approved  March  11,  1893,  Stats.  1893,  p.  158. 

Boundary  line  between  Glenn  and  Colusa  counties  located. 

§  1.  The  boundary  lines  between  the  counties  of  Glenn  and  Colusa  are  hereby 
established  and  permanenth''  located,  as  follows:  Beginning  at  a  point  on  the  boun- 
dary line  between  the  counties  of  Colusa  and  Lake,  as  now  established  by  law,  at  the 
northwest  corner  of  the  southAvest  quarter  of  section  thirty,  township  eighteen  north, 
range  eight  west,  Mount  Diablo  base  and  meridian;  running  thence  east  along  the  half 
section  line,  and  one  and  one  half  miles  north  of  the  line  dividing  townships  seventeen 


■iCT 


COUNTY  BOUNDARIES.  Act  1001,  §§  1-6 


and  eio-hteen,  of  Mount  Diablo  base  and  meridian,  to  range  line  dividing  township 
eighteen  north,  two  and  three  west ;  running  thence  north  two  miles  to  northeast  corner 
of  southeast  quarter  of  section  thirteen,  townshii?  eighteen  north,  range  three  west; 
running  thence  east  along  the  half  section  line  to  the  center  of  the  Sacramento  river; 
thence  down  the  center  of  the  said  Sacramento  river,  in  a  southeasterly  course,  to  a 
point  where  a  line  between  Glenn  and  Colusa  counties  crosses  the  said  Sacramento 
river;  thence  east  to  Butte  creek. 

$  2.    All  other  acts  and  parts  of  acts  in  conflict  with  this  act  are  hereby  repealed. 

$  3.     This  act  shall  take  effect  immediately. 

COMMISSION  TO  DEFINE  BOUNDARIES  BETWEEN  HUMBOLDT,  MENDOCINO, 

TRINITY  AND  KLAMATH  COUNTIES. 
ACT  1091 — An  act  to  provide  for  defining  the  boundaries  between  Humboldt,  Mendo- 
cino, Trinity  and  Klamath  counties. 

History:    Approved  March  30,  1872,  Stats.  1871-72,  p.  766. 

Commission  of  survey. 

$  1.  The  board  of  supervisors  of  each  of  the  counties  of  Humboldt,  Mendocino, 
Trinity,  and  Klamath  are  authorized  and  emjDowered,  on  or  before  the  first  day  of  July, 
in  the  year  eighteen  hundred  and  seventy-two,  to  appoint  a  commission  of  survey  to 
act  in  conjunction  for  the  purposes  hereinafter  named. 

Meeting. 

§  2.  The  commission  of  survey  must  meet  together  at  the  town  of  Areata,  in  the 
county  of  Humboldt,  on  the  first  day  of  August  after  their  appointment,  or  on  such 
other  day  thereafter  as  any  three  of  them  may  designate,  take  the  oath  of  office,  and 
by  a  majority  vote  select  a  competent  surveyor  to  run  out,  mark,  and  define  by  proper 
monuments  the  boundary  lines  between  the  respective  counties  in  accordance  with  the 
boundaries  as  now  designated  by  statute. 

Contract. 

§  3.  The  commission  must  make  with  the  sur^^eyor  selected  a  contract  for  running, 
defining,  and  marking  with  proper  monuments  each  line,  at  a  compensation  not  to 
exceed  the  sum  of  thirty  dollars  per  mile,  the  surveyor  bearing  all  necessary  expenses. 

Monuments. 

$  4.  The  surveyor  selected  and  contracted  with  must  accurately  run,  thoroughly 
mark,  and  place  monuments  on  the  line  between  Mendocino  county  and  the  counties  of 
Humboldt  and  Trinity,  running  east  and  west,  and  the  line  between  Humboldt  and 
Trinity,  north  and  south,  and  the  line  between  Humboldt  and  Klamath,  running  east 
and  west,  and  map  and  report  the  same  to  the  board  of  supervisors  of  each  of  the 
counties. 

Expense  how  paid. 

§  5.  The  expense  of  running  the  line  between  Trinity  and  Mendocino  must  be  paid 
by  the  respective  counties,  each  paying  one  half  thereof.  The  expense  of  running  the 
line  between  Mendocino  and  Humboldt  must  be  paid  by  the  respective  counties,  each 
paying  one  half  thereof;  and  the  expense  of  running  the  line  between  Trinity  and 
Humboldt  must  be  paid  by  the  respective  counties,  each  paying  one  half  thereof;  and 
the  expense  of  running  the  line  between  Humboldt  and  Klamath  must  be  paid  by  the 
respective  counties,  each  paying  one  half  thereof. 

Compensation. 

$  6.  The  commission  are  to  receive,  in  going  from  the  county  seat  of  their  respective 
counties  to  the  town  of  Areata  and  returning,  the  same  mileage  that  the  sheriff  of  their 


li 


Act  1091,  gg  7-11  GENERAL   LAWS.  468 

respective  counties  receive  for  serving  a  summons,  and  five  dollars  for  each  day,  not 
exceeding  five,  he  remains  at  the  town  of  Areata  on  the  business  of  the  commission,  to 
be  paid  by  the  county  on  behalf  of  which  he  is  a  commissioner. 

Advertising  for  bids. 

$  7.  The  commission  must,  by  advertisement  and  personal  notices,  request  bids  for 
the  contracts  from  practical  surveyors.  Any  contract  made  by  any  three  (3)  of  the 
commissioners  binds  all  the  counties  for  their  respective  portions  of  the  contract, 
whether  represented  in  the  commission  or  not.  Three  (3)  of  the  commission  meeting 
and  acting  on  the  first  day  of  August,  eighteen  hundred  and  seventy-two,  or  on  any  day 
thereafter  agreed  on  by  them,  are  authorized  to  make  the  contract  for  the  survey. 

Filing  of  contract. 

§  8.  The  contract  must  be  placed  in  writing;  four  (4)  copies  to  be  made  and  signed, 
and  each  commissioner  must  file  one  in  the  office  of  the  county  clerk  of  his  respective 
county. 

Bond. 

§  9.  At  the  time  of  letting  the  contract  the  commissioners  must  require  bonds  of 
the  surveyor  contracted  with  to  faithfully  perform  the  service,  and  fix  the  time  when 
the  same  must  be  completed,  and  fix  a  maximum  which  the  expense  of  the  survey  must 
not  exceed,  and  specify  the  character  of  the  monuments  to  be  fixed  and  of  the  report  to 
be  made. 

Boundary  lines. 

§  10.  The  lines  run  out,  marked,  and  defined  as  required  by  this  act  are  hereby 
declared  to  be  the  true  boundary  lines  of  the  counties  named  herein. 

§  11.     This  act  takes  effect  on  its  passage. 

Editor'H   note:     The   act    provided    for    the  Political    Code,    disclosed    the    fact    that    the 

creation  of  a  commission  to  define  and  mark  boundary   line  did  not  follow  the   boundary 

the    boundary    lines    between    the    counties,  along-    the    fortieth    parallel    established    by 

and  declared  that  the  boundaries  so  defined  §§3918    and    3919,    Political    Code. — Trinity 

and   marked   should  be  the   official   bounda-  County   v.   Mendocino  County,    151    Cal.    279, 

ries.      By   the   act   of   March    28,    1874,    Stats.  90   Pac.   685. 

1873-74,  and  the  act  of  March  31,  1876,  Stats.  2a.     Boundary   Hne   fixed   by   the   act   was 

1875-76,  p.  603,  amendatory  and  supplemen-  the  true  boundary,  whether  it  was  along  the 

tary   thereto,   a   portion   of   Klamath   county  fortieth  parallel   or   not. — Trinity  County  v. 

was   annexed   to   Humboldt   county,   and   the  Mendocino  County,  151  Cal.  279,  90  Pac.  685. 

remainder    to    Siskiyou    county.      The    effect  3;     Delegration   ot  legislative  power. — The 

was    to    render    all    boundary    lines    defined  survey  of  a  boundary  line  is  not  a  legisia- 

and  marked  by  the  commission  created  un-  tive  act,  and  the  act  Is  not  obnoxious  as  a 

der  the  act  ineffective,  with  the  exception  of  delegation   of  legislative  power,   because  it 

a  portion  of  the  line  between  Humboldt  and  declares   the   line   to    be   surveyed   the    true 

Trinity  counties,  and  the  line  between  Men-  and  official  boundary  line. — Trinity  County  v. 

docino  and   Trinity  and  Humboldt  counties.  Mendocino  County,  151  Cal.  279,  90  Pac.  685. 

1.  "Accurately  run."  —  The  requirement  4.  Even  if  act  were  Inconnistent  with  see- 
that  the  line  should  be  "accurately  run"  was  tlons  3»C9,  3972,  Political  Code,  it  would  pre- 
directory  only,  and  the  fact  that  it  was  vail  over  those  sections,  since  the  Political 
inaccurately  run  did  not  render  the  survey  Code  was  adopted  as  if  passed  December  4, 
void,  in  the  absence  of  fraud.  —  Trinity  1872,  and  the  special  act  making  these  sec- 
County  v.  Mendocino  County,  151  Cal.  279,  tions  effective  May  1,  1872,  was  enacted 
90  Pac.  685.  March    22,    1872,   and   this   act   was   therefore 

la.     Act  not  repealed  by  sections  .^969,  .S972,  the     latest    enactment. — Trinity     County    v. 

Political    Code. — The   act    is    not    necessarily  Mendocino  County,  151  Cal.  279,  90  Pac.  685. 

inconsistent  with   nor  repugnant  to   §§  3969,  See,  also,  County  of  Mariposa  v.  County  of 

3972,  of  the  Political  Code,  and  was  not  re-  Madera,   142  Cal.  50,   75   Pac.   572. 

pealed   thereby. — Trinity    County   v.    Mendo-  5.     Legislative  power. — It  was   competent 

cino  County,  151  Cal.  279,  90  Pac.  685.  for  the   legislature  to  declare,  in  advance  of 

2.  Boundary  defined  and  marked  by  the  the  work,  that  the  line  which  might  be  sur- 
commission  became  and  has  since  remained  veyed  and  marked,  under  the  authority  of 
the  true  boundary  line  between  Mendocino  the  act  pas.sed  by  it,  should  be  the  true  line, 
and  Trinity  counties,  although  a  subsequent  — Trinity  County  v.  Mendocino  County,  16' 
survey   made  under  the  authority   of   §  3969,  Cal.  279,  90  Pac.   685. 


4G9  COL  NTV  BOUXDARIES.  Acts  1092,  1093,  §§  1, 2 

6.  Location  of  county  lines  is  a  political  making-  §§  3969  and  3972  of  that  code  effec- 
question  to  be  determined  by  the  leg-isla-  tive  May  1,  1872,  even  if  those  acts  had  been 
ture,  and  if  the  location  is  inaccurately  run  subsequently  enacted. — Trinity  County  v. 
it  is  for  the  legislature  to  correct,  and  not  Mendocino  County,  151  Cal.  279,  90  Pac.  685. 
the  courts. — ^Trinity  County  v.  Mendocino  8.  The  survey  of  a  boundary  line  between 
County  151   Cal. ,279,  90  Pac.   685.  two  counties   by  authority   of  an   act  of  the 

7.  The  act  is  a  special  la-tv  relating:  to  legislature  is  a  purely  ministerial  act. — 
one  of  a  particular  class  of  subjects,  and  is  Trinity  County  v.  Mendocino  County,  151 
not  repealed   by  a  general  law,   such  as  the  Cal.    279,    90    Pac.    685. 

act  adopting  the   Political  Code   or   the  act 

SHASTA  AND  PLUMAS. 
ACT  1092 — An  act  to  permanently  locate  the  boundary  line  between  the  counties  of 
Shasta  and  Plumas. 

History:     Approved  March  23,  1901,  Stats.  1901,  p.  560. 

Boundary  line  between  Shasta  and  Plumas  counties. 

$  1.  The  boundary  line  between  the  counties  of  Shasta  and  Plumas  is  hereby  estab- 
lished and  permanently  located  as  follows :  Beginning  at  the  quarter  section  corner  on 
the  west  boundary  of  section  nineteen,  township  thirtj^  north,  range  five  east,  Mount 
Diablo  base  and  meridian,  and  running  thence  east  eight  miles — more  or  less — to  the 
south  corner  of  Shasta  and  Lassen  counties. 

§  2.    All  acts  and  parts  of  acts  in  conflict  with  this  act  are  hereby  repealed. 
§  3.    This  act  shall  take  effect  immediately. 


MARIPOSA  AND  FRESNO. 

ACT  1093 — An  act  to  better  define  the  boundary  line  of  Mariposa  and  Fresno  comities. 

History:     Approved  April  1,  1872,  Stats.  1871-72,  p.  891.      Amended 
February  11,  1874,  Stats.  1873-74,  p.  100. 

Description  of  boundary  line. 

$  1.  The  line  at  present  known  as  the  boundary  line  between  Mariposa  and  Fresno 
counties,  from  the  westerly  point  of  junction  of  said  counties,  running  easterly  to  the 
southwest  corner  of  section  eleven,  and  the  northwest  corner  of  section  fourteen,  in 
township  six  south,  range  twenty  east,  of  Mount  Diablo  meridian;  thence  east  to  the 
northwest  corner  of  section  fourteen,  in  township  six  south,  range  twentj^-one  east; 
thence  north  to  the  northwest  corner  of  section,  thirty-five,  in  township  five  south,  range 
twenty-one  east;  thence  east  to  the  southwest  corner  of  section  thirty,  in  township  five 
south,  range  twenty-two  east;  thence  north  to  the  southwest  corner  of  the  Mariposa 
Big  Tree  Grant;  thence  east  along  the  line  of  said  grant  to  the  southeast  corner  of  said 
grant;  thence  north  along  the  line  of  said  grant  to  the  northeast  corner  of  the  same; 
thence  north  to  the  original  boundary  line  between  the  counties  of  Mariposa  and  Fresno ; 
thence  along  said  line  to  the  present  boundary  line  of  Tuolumne  county;  is  hereby 
declared  and  constituted  the  boundary  line  between  said  counties. 

Survey  must  be  made.    Umpire. 

^  2.  The  respective  county  surveyors  of  Mariposa  and  Fresno  counties,  shall  pro- 
ceed to  survey  and  complete  said  defining  line,  with  the  necessary  monuments,  prior 
to  the  first  day  of  September,  eighteen  hundred  and  seventy-two.  Reasonable  com- 
pensation (not  to  exceed  one  hundred  and  fifty  dollars  each,)  may  be  allowed  by  the 
supervisors  of  Mariposa  and  Fresno  counties,  to  be  paid  out  of  the  county  general  funds 
of  said  counties;  and  in  case  of  a  disagreement  they  shall  be  empowered  to  call  in  a 
third  surveyor  as  umpire,  whose  decision  shall  be  final,  but  whose  services  shall  in  no 
case  be  an  additional  charge. 


\cts  HIS)  1.  1005,  §  1  CO'ERAL   LAWS.  470 

Eepealed. 

^  3.  The  act  entitled  "An  act  to  better  define  the  boundary  line  between  Fresno  and 
Mariposa  counties,"  approved  March  twenty-ninth,  eighteen  hundred  and  seventy,  is 
hereby  repealed. 

$  4.     This  act  shall  take  effect  immediately. 

"Snt    repealed    by    Implication    by   sectionn  litlcal  Code,   U  would  have  the  same   effect 

39;is  and  :{!K{9,  Politiciil  Code. — The  act  pre-  if  It   had  been   passed   and   approved   on    the 

vails    over    §§  3938    and    3939,    Political    Code,  first  day  of  that  session  of  the  legislature. — 

not  only   because  it  is  a   subsequent  enact-  County    of   Mariposa   v.    County    of   Madera, 

ment,    but    because    under    the    rule    of    con-  142  Cal.  50,  75  Pac.  672. 
struction  prescribed  by  §§  4478  and  4479,  Po- 

SISKIYOU  AND  LASSEN. 
ACT  1094 — An  act  providing  for  the  survey  of  the  line  forming  a  portion  of  the 
southern  boundary  of  Siskiyou  county  and  the  northern  boundary  of  Lassen  county. 

History:     Approved  April  1,  1872,  Stats.  1871-72,  p.  886.  , 

Surveyor  general  directed  to  establish  boundaries.  ' 

$  1.     The  surveyor  general  is  hereby  directed  to  survey  and  locate  that  portion  of  I 

the  southern  boundary  line  of  the  county  of  Siskiyou,  commencing  at  a  point  known 
as  the  De\'il's  Castle,  near  and  on  the  opposite  side  from  Soda  Springs,  on  the  upper 
Sacramento  river,  and  running  from  said  point  due  east,  to  the  eastern  boundary  of  the  i 

state  of  California,  and  shall  plainly  designate  said  line  by  suitable  monuments,  and  i 

describe  the  same  upon  the  maps  of  state,  in  accordance  with  the  several  acts  of  the 
legislature  of  the  state  of  California,  defining  the  northern  boundary  of  the  county  of 
Lassen  and  that  portion  of  the  southern  boundary  of  the  county  of  Siskiyou  above 
described. 

Limitation  and  payment  of  expenses.    Appropriation.  | 

$  2.     The  necessary  expenses  of  such  survey  and  location  of  said  line  shall  be  paid  ' 

by  the  state  of  California,  out  of  the  general  fund  thereof,  to  the  surveyor  general,  upon 
his  filing  in  the  office  of  the  state  controller  his  certificate  that  such  survey  is  completed 
according  to  law,  together  with  his  claim,  setting  forth  the  items  of  expense  of  such 
surve\';  provided,  that  the  total  expense  of  such  survey  shall  not  exceed  the  sum  of 
twenty-five  hundred  dollars,  and  the  sum  of  twenty-five  hundred  dollars  is  hereby 
appropriated  for  the  pa^^2lent  of  the  expenses  of  such  survey. 
$  3.     This  act  shall  take  effect  from  and  after  its  passage. 

NORTHERN  BOUNDARY  OF  NAPA. 
ACT  1095 — An  act  to  define  the  northern  boundary  line  of  Napa  county,  adjoining  Lake 

and  Yolo  counties. 

History:     Approved  March  8,  1872,  Stats.  1871-72,  p.  305. 
Boundary  lines. 

$  1.  The  northern  boundary  line  of  Napa  and  the  southeasterly  boundary  line  of 
Lake  counties  shall  commence  at  the  highest  point  of  the  Mount  St.  Helena;  thence 
running  in  an  easterly  direction  along  the  present  boundary  line  between  said  counties 
to  the  Buttes  Carion  road;  thence  northeasterly  in  a  direct  line  to  the  junction  of 
Jericho  and  Putah  creeks;  thence  up  Jericho  creek  to  the  junction  of  Hunting  creek,  in 
Jericho  valley;  thence  up  Hunting  creek  to  a  large  pile  of  rocks  on  the  southeasterly 
side  of  the  county  road,  at  the  lower  and  most  easterly  end  of  Hunting  valley;  thence 
in  a  straight  line  in  the  direction  of  the  intersection  of  Bear  and  Cache  creeks  to  the 
county  line  of  Yolo  county;  thence  along  the  line  of  Yolo  county  in  a  southeasterly 
direction  to  the  present  county  line  dividing  Yolo  and  Napa  counties. 


I 


471  COLXTV    COLMJARIES.  Act  lOOC,  :i  1 

Claim  to  be  paid. 

§  2.  The  board  of  supervisors  of  Napa  county  shall  order  paid  the  claim  of  Lake 
county  for  the  sum  of  thirty-five  hundred  dollars,  and  the  auditor  of  said  county  of 
Napa  shall  draw  a  warrant  for  the  same  on  the  treasurer  of  the  said  county,  payable 
from  the  general  fund,  and  the  treasurer  of  Napa  county  shall  pay  the  same. 

Repealing. 

§  3.    All  acts  or  parts  of  acts  in  conflict  with  this  act  are  hereby'  repealed. 
$  4.    This  act  shall  take  effect  from  and  after  its  passage. 

SAN  LUIS  OBISPO  AND  KERN. 
ACT  1096 — An  act  to  change  and  permanently  locate  the  boundary  lines  between  the 
counties  of  San  Luis  Obispo  and  Kern. 

History:     Approved  March  14,  1885,  Stats.  1885,  p.  139. 

Boundary  line  between  San  Luis  Obispo  and  Kern  counties. 

S  1.  The  boundary  line  between  the  counties  of  San  Luis  Obispo  and  Kern  are 
hereby  established  as  follows :  Beginning  at  the  southeast  corner  of  section  thirty-one, 
in  township  ten  north,  of  range  twenty-four  west,  of  San  Bernardino  base  and  meridian; 
thence  north,  on  dividing  section  lines  between  thirty-one  and  thirty-two,  thirty  and 
twenty-nine,  nineteen  and  twenty,  eighteen  and  seventeen,  seven  and  eight,  six  and  five, 
to  the  northeast  corner  of  section  six,  in  the  said  township  ten  north,  range  twenty-four 
west,  of  San  Bernardino  base  and  meridian;  thence  continuing  north  through  township 
eleven  north,  range  twenty-four  west,  of  San  Bernardino  base  and  meridian,  on  section 
lines  between  sections  thirty-one  and  thirty-two,  thirty  and  twenty-nine,  nineteen  ana 
twenty,  eighteen  and  seventeen,  seven  and  eight,  six  and  five,  to  the  northeast  corner 
of  section  six  in  said  township  eleven  north,  of  range  twenty-four  west,  of  San  Bernar- 
uino  base  and  meridian;  thence  west,  on  township  line  between  townships  eleven  and 
twelve  north,  range  twenty-four  west,  of  San  Bernardino  base  and  meridian,  and  along 
ihe  north  boundary  of  section  six  to  the  northwest  corner  of  said  township  eleven  north, 
range  twenty-four  west,  of  San  Bernardino  base  and  meridian;  thence  north,  between 
sections  thirty-one  (in  fractional  township  twelve  north,  range  twenty-four  west),  and 
section  thirty-six  (in  fractional  township  twelve  north,  range  twenty-five  west),  to  the 
eight  standard  parallel  south  of  Monte  Diablo  base  and  meridian;  thence  westerly  on 
the  said  eight  standard  parallel  south  to  the  common  corner  to  townships  thirty-two 
south,  range  twenty-two  east,  and  thirty-two  south,  range  twenty-three  east,  of  Monte 
Diablo  meridian;  thence  northerly,  as  per  the  United  States  survey,  on  line  between 
said  township  and  ranges  last  above  named,  to  the  northeast  corner  of  the  said  townshiit 
thirty-two  south,  range  twentj^-two  east,  of  Monte  Diablo  meridian;  thence  westerly 
on  the  north  boundary  of  said  last  above  named  township  and  range  to  the  common 
corner  to  township  thirty-one  south,  range  twenty-one  east,  and  thirty-two  south,  range 
twenty-one  east,  of  Monte  Diablo  meridian;  thence  north  to  the  northeast  corner  of 
said  township  thirty-one  south,  range  twenty-one  east,  of  Monte  Diablo  meridian; 
thence  west  eight  miles  to  the  southwest  corner  of  section  thirty-five,  in  township 
thirty  south,  range  twenty  east;  thence  north  on  section  line  between  sections  thirty- 
four  and  thirty-five,  twenty-seven  and  twenty-six,  twenty-two  and  twenty-three,  fifteen 
and  fourteen,  ten  and  eleven,  and  three  and  two,  to  the  northeast  corner  of  section  three 
in  said  township  thirty  south,  range  twenty  east,  of  Monte  Diablo  meridian;  thence 
west  four  miles  to  the  northwest  corner  of  said  last  above  named  township  and  range; 
thence  north  to  the  northeast  corner  of  townshii^  twenty-nine  south,  range  nineteen 
east;  thence  west  to  the  northwest  corner  of  said  township  twenty-nine  south,  range 
nineteen  east,  of  Monte  Diablo  meridian;  thence  west  one  mile  to  the  southeast  comer 
of  section  thirty-five,  in  township  twenty-eight  soutli,  range  eighteen  east,  of  Monte 


Acts  lOOr,  1098,  §  1  GE:NE:RAL  laws.  472 

Diablo  meridian;  thence  north  to  the  northeast  corner  of  section  twenty-six,  in  said 
township,  twenty-eight  south,  range  eighteen  east;  thence  west  to  the  northwest  corner 
of  said  section  twenty-six;  thence  north  to  the  northeast  corner  of  section  twenty-two; 
thence  west  to  the  northwest  corner  of  said  section  twenty-two;  thence  north  to  the 
northeast  corner  of  section  sixteen ;  thence  west  to  the  northwest  corner  of  said  section 
sixteen;  thence  north  to  the  northeast  corner  of  section  eight;  thence  west  to  the  north- 
west corner  of  said  section  eight;  thence  north  to  the  township  line  at  the  northeast 
corner  of  section  six;  thence  west  to  the  northwest  corner  of  said  township  twenty- 
eight  south,  range  eighteen  east;  thence  north  on  range  line  to  northeast  corner  of 
township  twenty-seven  south,  range  seventeen  east,  of  Mont§  Diablo  meridian;  thence 
west  on  township  line  to  the  northwest  corner  of  said  last  above  named  township; 
thence  north,  on  range  line  between  township  twenty-six  south,  range  sixteen  east,  and 
township  twenty-six  south,  and  range  seventeen  east,  to  the  northeast  corner  of  said 
township  twenty-six  south,  range  sixteen  east ;  thence  north,  on  said  range  line  between 
township  twenty-five  south,  range  sixteen  east,  and  township  twenty-five  south,  range 
seventeen  east,  of  Monte  Diablo  meridian,  to  the  northeast  corner  of  said  township 
twenty-five  south,  range  eighteen  east,  on  the  sixth  standard  parallel  south  of  Monte 
Diablo  base;  thence  west,  on  said  standard  parallel,  to  the  original  common  corner  of 
Sari  Luis  Obispo,  Kern,  and  Tulare  counties. 

§  2.     All  other  acts  in  conflict  with  this  act  are  hereby  repealed. 

$  3.     This  act  shall  take  effect  immediately  after  its  passage. 

FRESNO  AND  TULARE. 
ACT  1097 — An  act  to  establish  the  county  line  hetween  the  counties  of  Fresno  and 
Tulare. 

History:     Approved  March  23,  1876,  Stats.  1875-76,  p.  397.     Prior  act 
superseded,  approved  March  27,  1874,  Stats.  1873-74,  p,  700. 

Boundary  line  defined. 

§  1.  The  boundary  line  between  the  counties  of  Fresno  and  Tulare  shall  be  as 
follows:  Commencing  at  a  point  on  the  eastern  boundary  line  of  Monterey  county,  as 
described  in  section  three  thousand  nine  hundred  and  forty-eight  of  Political  Code, 
being  on  the  summit  of  coast  range,  which  point  is  south  forty-five  degrees  west  from 
the  point  on  Kings  river  where  the  northern  line  of  township  sixteen  south  crosses  the 
same;  thence  north  forty-five  degrees  east  to  said  point  on  Kings  river;  thence  east 
along  northern  line  of  township  sixteen  south  and  continuing  on  said  line  to  the  north- 
west corner  of  township  sixteen  south,  range  twenty-five  (25)  east;  thence  north  to  the 
northwest  corner  of  township  fifteen  (15)  south,  range  twentj^-five  (25)  east;  thence 
east  to  the  northeast  corner  of  toAvnship  fifteen  south,  range  twenty-seven  (27)  east; 
thence  north  to  the  northeast  corner  of  township  fourteen  south  of  range  twenty- 
seven  east ;  thence  east  on  the  line  between  township  thirteen  and  fourteen  south  to  the 
summit  of  Sierra  Nevada,  being  the  western  line  of  Inyo  county. 

§  2.     All  acts  and  parts  of  acts  in  conflict  with  this  act  are  hereby  repealed. 

^  3.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

The  superseded  act   defines   the   boundary       lines    and    natural    and    geographical    points 
by  section,  township  and  range  lines;  while       and  lines, 
this   act   defines   it   by   township   and   range 

LAI^E  AND  YOLO. 
ACT  1098 — An  act  to  more  clearly  define  the  boundary  line  hetween  the  counties  of 
Lake  and  Yolo,  in  the  state  of  California. 

History:      Approved  April  1,  1872,  Stats.   1871-72,  p.   903. 

Boundary  line  described  and  declared. 

$  1.  The  line  established  by  H.  H.  Sanford,  as  deputy  surveyor  general,  under  special 
instruction  of  J.  W.  Bost,  surveyor  general  of  California,  at  the  request  of  the  boards 


^ 


i 


473  COUNTY  BOUNDARIES.  Acts  1099,  1100 

of  supervisors  of  the  counties  of  Lake  and  Yolo,  and  designated  on  a  certain  map  on 
file  in  the  oflBce  of  the  surveyor  general  of  the  state  of  California,  indorsed  "Map  of 
the  boundary  line  between  Lake  and  Yolo  counties,  surveyed  April,  eighteen  hundred 
and  seventy-one,  by  H.  H.  Sanford,  deputy  surveyor  general  of  California,"  is  hereby 
declared  the  boundary  line  between  the  said  counties  of  Lake  and  Yolo,  provided  the 
same  is  in  accordance  with  the  provisions  of  an  act  to  more  clearly  define  and  establish 
the  boundary  line  of  Yolo  county  approved  March  third,  eighteen  hundred  and  sixty-six. 
$  2.    This  act  shall  take  effect  from  and  after  its  passage. 


SHASTA  AND  LASSEN. 

ACT  1099 — An  act  to  change  and  permanently  locate  the  boundary  line  between  the 

counties  of  Shasta  and  Lassen. 

History:      Became    a   law   under    constitutional    provision,    without 
governor's  approval,  March  14,  1899,  Stats.  1899,  p.  98. 

Boimdary  line  between  Shasta  and  Lassen  counties. 

$  1.  The  boundary  line  between  the  counties  of  Shasta  and  Lassen  is  hereby  estab- 
lished and  permanently  located,  as  follows:  Beginning  at  the  quarter  section  corner  to 
sections  eight  and  nine,  in  township  thirty  north,  range  six  east,  Mount  Diablo  base 
and  meridian,  and  running  thence  north  one  and  one-half  miles,  to  line  dividing  town- 
ships thirty  and  thirty-one  at  corner  common  to  sections  four  and  five,  in  township 
thirty  north,  range  six  east;  thence  east  on  township  line  to  corner  common  to  sections 
thirty-two  and  thirty-three,  in  township  thirty-one  north,  range  six  east;  thence  north 
twenty-eight  miles,  to  seventh  standard  parallel  north,  Mount  Diablo  base,  at  corner 
common  to  sections  eight  and  nine,  in  township  thirty-five  north,  range  six  east ;  thence 
west  along  said  standard  line  to  southwest  corner  of  toAvnship  thirty-six  north,  range 
six  east;  thence  north  to  intersection  with  south  boundary  line  of  Modoc  county,  at  a 
point  seven  and  one-half  chains  north  of  the  corner  common  to  sections  twenty-five 
and  thirty-six,  on  east  line  of  township  thirty-nine  north,  range  five  east;  Mount 
Diablo  base  and  meridian. 

§  2.    All  other  acts  and  parts  of  acts  in  conflict  with  this  act  are  hereby  repealed. 

$  3.    This  act  shall  take  effect  immediately. 

HUMBOLDT  AND  DEL  NORTE  AND  SISKIYOU. 
ACT  1100 — An  act  to  establish  the  boundary  line  between  the  county  of  Humboldt  and 
the  counties  of  Del  Norte  and  Siskiyou. 

History:     Approved  March  23,  1901,  Stats.  1901,  p.  600. 

Boundary  line  between  Humboldt,  Del  Norte,  and  Siskiyou  counties. 

§  1.  The  boundary  line  between  the  counties  of  Humboldt  and  Del  Norte  is  hereby 
established  as  follows:  Commencing  at  the  point  where  the  north  line  of  township 
twelve  north,  range  one  east,  Humboldt  meridian,  intersects  with  the  Pacific  ocean; 
thence  east  on  said  township  line  to  the  northeast  corner  of  township  twelve  north, 
range  three  east,  Humboldt  meridian;  thence  south  to  the  southeast  corner  of  said 
township  twelve  north,  range  three  east,  Humboldt  meridian;  thence  east  on  the  north 
boundary  line  of  township  eleven  north,  range  four  east,  eleven  north  five  east,  and 
eleven  north  six  east,  Humboldt  meridian,  to  the  Klamath  river;  thence  following 
said  Klamath  river  in  a  southerly  direction  to  the  mouth  of  Salmon  river,  the  point 
which  now  is  the  northeast  corner  of  Humboldt  county;  thence  following  the  line 
already  established. 

§  2.     This  act  shall  take  effect  immediately  from  and  after  its  passage. 


Act  1101,  §§  1-3  GENERAL  LAWS.  474 

ELECTION  TO  CHANGE  BOUNDARY  BETWEEN  FRESNO  AND  KINGS. 
ACT  1101 — An  act  to  change,  establish  and  permanently  locate  the  boundary  lines  of 
the  county  of  Kings,  and  a  portion  of  the  south  boundary  line  of  the  county  of 
Fresno,  and  to  provide  for  the  submission  of  such  change,  establishment  and  loca- 
tion of  such  boundary  lines,  to  the  qualified  electors  of  the  territory  to  be  affected 
by  the  change. 

History:     Approved  March  14,  1907,  Stats.  1907,  p.  260. 

Proposed  boundary  lines  of  Kings  county. 

$  1.  The  boundary  lines  of  the  county  of  Kings  are  hereby  changed,  established 
and  permanently  located  as  follows,  viz.: 

Beginning  at  the  northeast  corner  of  section  one  (1)  in  township  seventeen  (17) 
south,  range  twenty-two  (22)  east,  Mount  Diablo  base  and  meridian;  thence  south 
six  (6)  miles;  thence  east  three  (3)  miles;  thence  south  nine  (9)  miles  to  the  south- 
east corner  of  section  sixteen  (16)  in  township  nineteen  (19)  south,  range  twenty- 
three  (23)  east,  Mount  Diablo  base  and  meridian;  thence  west  three  (3)  miles  to  the 
southeast  corner  of  section  thirteen  (13)  in  township  nineteen  (19)  south,  range 
twenty-two  (22)  east,  Mount  Diablo  base  and  meridian;  thence  south  nine  (9)  miles 
to  the  southeast  corner  of  township  twenty  (20)  south,  range  twenty-two  (22),  Mount 
Diablo  base  and  meridian;  thence  west  to  the  northeast  corner  of  township  twenty-one 
(21)  south,  range  twenty-two  (22)  east;  thence  south  twenty-four  (24)  miles  to  the 
north  boundary  line  of  Kern  county,  as  now  established  by  law;  thence  west  along 
said  north  boundary  line  of  Kern  county  to  the  comer  common  to  the  counties  of 
Monterey,  San  Luis  Obispo  and  Kern,  as  now  established  by  law;  thence  northerly 
along  the  summit  of  the  Coast  Range  mountains,  being  also  the  eastern  boundary  of  the 
counties  of  Monterey  and  San  Benito,  as  now  established  by  law,  to  the  southwest 
corner  of  township  eighteen  (18)  south,  range  thirteen  (13)  east,  Mount  Diablo  base 
and  meridian;  thence  north  twelve  (12)  miles  along  the  range  line  between  ranges 
twelve  (12)  and  thirteen  (13)  to  the  northwest  corner  of  township  seventeen  (17)' 
south,  range  thirteen  (13)  east,  Mount  Diablo  base  and  meridian;  thence  due  east 
along  the  fourth  standard  line  parallel  south  to  the  place  of  beginning. 

South  line  of  Fresno  county. 

$  2.  The  south  boundary  line  of  Fresno  county  between  Kings  and  Fresno  counties 
is  hereby  declared  to  be  the  fourth  standard  parallel  line  south. 

Board  of  commissioners  to  conduct  election  to  ratify  annexation. 

§  3.  The  goveraor  shall  within  ten  days  after  this  act  takes  effect  and  as  herein- 
after provided,  appoint  five  persons,  residents  and  electors  of  that  certain  territory 
within  the  following  described  boundaries,  viz.  Beginning  at  the  northwest  corner  of 
township  seventeen  (17)  south,  range  thirteen  (13)  east,  Mt.  Diablo  base  and  meridian-, 
thence  due  south  along  the  range  line  between  ranges  twelve  (12)  and  thirteen  (13), 
to  the  summit  of  the  Coast  Range  mountains;  thence  southerly  along  the  summit  of 
the  Coast  Range  mountains,  the  same  being  also  the  boundary  line  between  the  coun- 
ties of  San  Benito  and  Monterey  and  the  county  of  Fresno  as  now  established  by  law, 
to  the  corner  common  to  the  counties  of  Fresno,  Monterey  and  Kings;  thence  north- 
easterly along  and  following  the  boundary  line  between  Kings  and  Fresno  counties, 
as  now  established  by  law,  to  a  point  where  said  boundar}'  line  intersects  the  fourth 
standard  parallel  line  south;  thence  due  west  on  said  fourth  standard  parallel  line 
south  to  the  place  of  beginning,  who  shall  be  and  constitute  a  board  of  commissioners 
to  carry  out  the  provisions  of  this  act. 

Expenses. 

All  costs  and  expenses  that  may  be  incurred  by  said  commissioners,  as  such,  in 
holding  an}'  election  hereinafter  j>rovided  for  and  any  compensation  due  said  com- 


i 


475  COUNTY  BOUNDARIES.  Act  1101,  §3 

missioners,  for  services  rendered   as  such,  or  any  clerk  employgd  by  them,  shall  be 
le2:al  charges  against  the  county  of  Kings. 

Compensation. 

The  said  commissioners  shall  each  receive  five  dollars  per  day  for  each  and  every 
day's  services  actually  rendered  as  such  commissioners,  not  exceeding  twenty  days' 
services  by  each  commissioner,  and  their  actual  traveling  expenses,  the  same  to  be 
audited  and  paid  as  other  expenses  are  audited  and  paid  by  the  board  of  supervisors 
of  Kings  county. 

Organization.    Quorum. 

Said  commissioners  shall  meet  witMn  said  territory  above  described  within  ten  days 
after  their  appointment,  and  after  being  duly  sworn  to  faithfully  discharge  their  duties 
as  such  commissioners,  shall  organize  by  electing  one  of  their  number  president,  and 
shall  elect  a  clerk,  who  shall  also  be  duly  sworn  to  faithfully  discharge  the  duties  of 
clerk  of  said  board  of  commissioners,  and  shall  receive  the  sum  of  fifty  dollars  per 
month  during  his  term  of  office.  Three  of  the  members  of  said  board  shall  be  necessary 
to  transact  any  business  and  a  majority  of  the  members  present  at  any  meeting  shall 
control  in  all  matters  coming  before  said  board. 

Election  precincts.    Powers  of  commissioners.    Election  returns. 

It  shall  be  the  duty  of  said  board  of  commissioners,  after  they  shall  have  duly 
organized,  to  divide  the  territory  last  above  described  into  not  less  than  five  nor  more 
than  nine  election  precincts,  and  to  designate  the  place  in  each  precinct  where  the 
election  herein  provided  for  must  be  held.  Said  commissioners  and  the  clerk  elected 
by  them  are  hereby  authorized,  empowered  and  required  to  discharge  the  same  duties 
as  are  now  required  by  law  of  boards  of  supervisors  and  county  clerks  in  the  counties 
of  this  state  so  far  as  the  same  apply  to  holding  elections,  canvassing  the  returns  and 
certifying  the  results  thereof;  they  shall  keep  a  full  record  of  their  proceedings,  trans- 
mitting to  the  secretary  of  state  a  certified  copy  thereof,  and  filing  the  original,  with 
the  original  election  returns,  in  the  office  of  the  county  clerk  of  the  county  of  Fresno; 
and  in  case  the  qualified  electors  of  said  territory  last  above  described  shall  vote  in 
favor  of  such  change  as  herein  provided  the  said  commissioners  shall  file  a  certified 
copy  of  all  their  proceedings  and  of  said  election  returns  with  the  county  clerk  of  the 
county  of  Kings;  and  thereupon  the  powers  and  duties  of  said  commissioners  shall 
cease  and  terminate.  Within  sixty  days  from  the  time  of  the  first  meeting  of  the 
commissioners  herein  provided  for,  said  commissioners  shall  order  and  hold  an  election 
in  the  said  territory  last  hereinbefore  described  and  in  each  precinct  thereof  created 
by  said  commissioners. 

Question  to  be  submitted  to  electors.    Ballots. 

At  said  election  there  shall  be  submitted  to  the  qualified  electors  of  said  territory 
the  question  whether  said  territory'  herein  described  shall  be  annexed  or  added  to 
Kings  county;  and  for  the  purpose  of  ascertaining  the  choice  of  said  electors  the 
ballots  used  at  said  election  shall  have  printed  thereon  the  words:  "For  annexation  to 
Kings  County,  Yes,"  **For  annexation  to  Kings  County,  No,"  and  all  ballots  on  which 
a  cross  is  marked  with  a  stamp  after  the  words  "For  annexation  to  Kings  County, 
Yes,"  shall  be  counted  in  favor  of  such  annexation  of  said  territory  hereinbefore 
described  to  Kings  county,  and  all  ballots  on  which  a  cross  is  marked  with  a  stamp 
after  the  words  "For  annexation  to  Kings  County,  No,"  shall  be  counted  against 
such  annexation. 

Conduct  of  election.    G-reat  register. 

Said  election  shall  be  conducted  in  every  respect,  except  as  otherwise  herein  pro- 
vided, in  accordance  with  the  general  election  law  for  the  election  of  county  and  town- 


Act  1101.  §4  GENERAL   I-AWS.  476 

ship  officers.  All  qualified  electors  of  this  state  who  have  been  residents  and  electors 
of  the  said  territory  last  herein  described  for  ninety  days  preceding  the  election  herein 
provided  for  shall  be  qualified  to  vote  at  said  election.  The  great  register  of  Fresi^o 
county  used  at  the  general  election  held  in  the  year  nineteen  hundred  and  six  in  the 
territory  last  above  described  shall  be  prima  facie  evidence  of  the  qualification  of 
electors;  the  county  clerk  of  the  county  of  Fresno  is  hereby  directed  to  furnish  the 
said  commissioners  a  certificate  under  seal,  showing  the  additional  names  of  the  voters 
on  the  great  register  of  the  county  of  Fresno,  registered  as  residing  in  the  said  terri- 
tory hereinbefore  described,  since  the  last  great  register  of  Fresno  county  was  pi'inted, 
and  the  certificate  of  the  county  clerk  of  Fresno  county  under  seal,  showing  the  regis- 
tration of  any  qualified  voter  residing  in  the  said  territory  prior  to  three  months  before 
such  election  shall  entitle  the  holder  thereof,  if  otherwise  qualified  by  law,  to  vole 
at  said  election. 

Secretary  of  state  to  furnish  ballot  paper.    Election  returns. 

It  shall  be  the  duty  of  the  secretary  of  state  to  furnish  to  the  clerk  of  said  board  of 
commissioners  the  quantity  of  ballot  paper  ordered  by  the  said  clerk  for  use  at  said 
election  upon  the  payment  of  the  cost  of  said  paper.  If  at  said  election  sixty  per  cent 
of  the  votes  east  on  the  question  of  annexation  of  the  said  territory  hereinbefore 
described  to  Kings  county  shall  be  in  favor  of  such  annexation,  then  the  said  ten-itory 
shall  be  and  become  a  part  of  the  said  county  of  Kings  from  and  after  the  day  upon 
which  the  returns  of  said  election  shall  be  ascertained  and  declared  by  said  board  of 
commissioners.  But  if  at  such  election  less  than  sixty  per  cent  of  the  qualified  electors 
voting  for  and  against  such  annexation  of  said  territory  to  the  county  of  Kings  shall 
be  in  favor  thereof,  then  said  territory  hereinbefore  described  shall  continue  to  be  and 
remain  a  portion  of  the  said  county  of  Fresno.  Sealed  returns  from  the  officers  of 
election  of  the  several  precincts  established  by  said  board  of  commissioners  shall  be 
made  to  such  board  of  commissioners  at  such  office  as  they  may  select  within  the  said 
territory  within  six  days  after  the  day  of  election. 

Status  of  oflacers  in  proposed  new  territory. 

All  justices  of  the  peace,  and  all  constables,  duly  elected  and  qualified  and  residents 
of  the  said  territory  herein  described  at  the  taking  effect  of  this  act  shall  hold  their 
offices  for  the  terms  provided  by  law  for  the  respective  townships  in  which  they  reside. 
All  school  trustees  acting  as  such  at  the  time  of  the  taking  effect  of  this  act,  and  resi- 
dents of  the  said  territory  herein  described,  shall  hold  their  offices  for  the  time  pro- 
vided by  law,  for  the  respective  school  districts  in  which  they  severally  reside,  as  such 
districts  are  now  organized.  All  notaries  public  residents  of  the  said  territory  herein 
described  shall  hold  their  offices  until  the  expiration  of  their  terms. 

§  4.  This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage,  and  all 
acts  and  parts  of  acts  inconsistent  with  this  act  are  hereby  repealed. 

1.  Constitutionality. — The  act  is  constitu-  and  of  fixing  their  powers  and  duties,  are 
tlonal. — Wheeler  v.  Herbert,  152  Cal.  224,  92  within  the  prohibition  of  subdivisions  11 
Pac.  353.  and    28    of   section    25    of    article    IV    of    the 

2.  Same — Change  of  county  boundaries  constitution. — Wheeler  v.  Herbert,  152  Cal. 
by   special    act. — Section    3    of   article    XI    of  224,  92  Pac.  353. 

the    constitution,    as   amended    in    1894,    does  4.      Same — Special   legislation. — The  act  is 

not  prohibit   the   legislature   from   changing  not  obnoxious  to  subdivision  33  of  section  25 

the    boundary    by    special    act. — Wheeler    v.  of  article  IV  of  the  constitution  prohibiting 

Herbert,  152  Cal.   224,   92  Pac.  353.  special  acts  where  a  general   law  would   be 

3.  Same — Legislative  power  to  change  applicable. — Wheeler  v.  Herbert,  152  Cal. 
county    boundaries    by    special    act    includes  224,   92  Pac.  353. 

the    power    to    do    so    directly    or    indirectly  5.      Same — Special  privileges  to  electors. — 

through    the    result   of    an    election,    and    to  The  act  is  not  violative  of  section  21  of  ar- 

provide    for    an    election    for    that    purpose,  tide   I   of  the  constitution,   in   fixing   ninety 

and    neither    the    provision    for    an    election,  days  residence,   as   the  test  of  the  privilege 

nor    the    matter    of    the    creation    of    offices  of  voting,  to  electors  in  the  territory  lo  be 


i 


II 


•irr 


COVNTY    BOUNDARIES.  Act  1102,  §  1 


transferred  to  Kings  county,  and  not  grant-  der  the  act  are  purely  ministerial,  and  not 
Ing  to  other  electors  of  that  territory  or  of  judicial,  and  they  have  no  power  to  go  be- 
other  parts  of  Fresno  county  the  same  priv-  hind  the  returns  for  any  purpose. — Cerini  v. 

ilege. Wheeler  v.   Herbert,   152  Cal.   224,   92  De  Long,  7  Cal.  App.  398,  94  Pac.  582. 

Pac.   353.  11-      Qualifications  of  electors. — The  act  is 

6.  Same Delegation   of  power. — The    act  not  violative  of  section  1  of  article  II  of  the 

is  not  obnoxious  to  section  13,  article  XI,  of  constitution  in  prescribing  qualifications  of 

the    constitution    forbidding    the    delegation  electors   different   from   those   prescribed    in 

of  power  to    a   special   commission    for   any  that   section. — Wheeler   v.   Herbert,    152   Cal. 

municipal  purpose. — Wheeler  v.  Herbert,  152  224,  92  Pac.  353. 

Cal.    224,    92    Pac.    353.  12.     Judicial    power — Canvass    of    returns. 

7.  Same — Title  of  act  embraces  but  one  — The  refusal  of  the  commissioners  ap- 
subject,  and  the  subject  is  sufficiently  ex-  pointed  under  the  act  to  canvass  the  elec- 
pressed  in  the  title. — Wheeler  v.  Herbert,  tion  returns  on  the  ground  the  county  clerk 
152   Cal.   224,    92   Pac.    353.  of   Fresno  county   had   failed   to   certify   ad- 

8.  Legislative  districts  in  the  territory  ditional  registrations  up  to  the  date  of  the 
taken  from  Fresno  and  added  to  Kings  election,  after  having  certified  registrations 
county  remain  unchanged  until  fixed  by  the  within  forty  days  thereof,  was  an  exercise 
next  apportionment  act. — Wheeler  v.  Her-  of  a  judicial  function  which  they  did  not 
bert,   152  Cal.    224,   92   Pac.   353.  possess. — Cerini  v.  De  Long,  7  Cal.  App.  398, 

9.  Time    of    election. — The     provision     of  94   Pac.   582. 

the  act  as  to  the  time  of  holding  the   elec-  13.     Registration  of  voters  not  being  pro- 

tion   is   directory  merely. — Wheeler   v.    Her-  vided    for    in    the    act    is    controlled    by    the 

bert,  152  Cal.  224,  92  Pac.  353.  general  law,  and  the  certificate  of  registra- 

10.  Notice  of  election. — The  functions  of  tion  made  by  the  clerk  within  forty  days 
the  commissioners  appointed  to  give  notice  prior  to  the  election  was  proper. — Cerini  v. 
of  an  election  and  canvass  the  returns,  un-  De  Long,  7  Cal.  App.  398,  98  Pac.  582. 

FRESNO  AND  KINGS. 
ACT  1102 — An  act  to  change,  establish  and  permanently  locate  the  boundary  lines  of 
the  county  of  Kings,  and  a  portion  of  the  south  and  east  boundary  lines  of  the 
county  of  Fresno. 

History:     Approved  April  12,   1909,  Stats.   1909,  p.  827. 

Boundary  lines  of  Kings  county. 

§  1.  The  boundar}'  lines  of  the  county  of  Kings  are  hereby  changed,  established  and 
permanently  located  as  follows,  viz. : 

Beginning  at  the  northeast  corner  of  section  one  (1)  in  township  seventeen  (17) 
south,  range  twenty-two  (22)  east,  Mount  Diablo  base  and  meridian;  thence  south  six 
(6)  miles;  thence  east  three  (3)  miles;  thence  south  nine  (9)  miles  to  the  southeast 
corner  of  section  sixteen  (16)  in  township  nineteen  (19)  south,  range  twenty-three 
(23)  east.  Mount  Diablo  base  and  meridian;  thence  west  three  (3)  miles  to  the  south- 
east corner  of  section  thirteen  (13)  in  township  nineteen  (19)  south,  range  twenty- 
two  (22)  east,  Mount  Diablo  base  and  meridian;  thence  south  nine  (9)  miles  to  the 
southeast  corner  of  township  twenty  (20)  south,  range  twenty-two  (22)  east.  Mount 
Diablo  base  and  meridian;  thence  west  to  the  northeast  corner  of  township  twenty- 
one  (21)  south,  range  twenty-two  (22)  east;  thence  south  twenty-four  (24)  miles  to 
the  north  boundary  line  of  Kern  county,  as  now  established  by  law;  thence  west  along 
said  north  boundary  of  Kern  county  to  the  corner  common  to  the  counties  of  Monterey, 
San  Luis  Obispo  and  Kern,  as  now  established  by  law;  thence  in  a  northwesterly 
direction  along  the  line  between  the  counties  of  Monterey  and  Kings  as  now  established 
by  law,  to  the  corner  common  to  the  counties  of  Kings,  Monterey  and  Fresno;  thence 
in  a  northeasterly  direction  along  the  bctundary  line  between  Fresno  and  Kings  county 
as  now  established  by  law  to  the  corner  common  to  sections  thirteen  (13)  and  twenty- 
four  (24)  in  township  twenty  (20)  south,  range  eighteen  (18)  east,  Mount  Diablo 
base  and  meridian  and  sections  eighteen  (18)  and  nineteen  (19)  in  township  twenty 
(20),  south,  range  nineteen  (19)  east.  Mount  Diablo  base  and  meridian,  the  same  being 
the  northwest  corner  of  section  nineteen  (19)  in  township  twenty  (20)  south  range 
nineteen  (19)  east,  Mount  Diablo  base  and  meridian;  thence  north  fifteen  miles  (15) 
to  the  southwest  corner  of  section  thirty-one  (31)  in  township  seventeen  (17)  south  of 
range  nineteen    (19)    east.   Mount  Diablo  base   and  meridian;   thence   east  along  the 


Act  1102,  8§  2-5  CENERAI-    LAWS.  47.S 

township  line  a  distance  of  eleven  and  onc-lialf  miles,  more  or  less,  to  the  point  where 
said  township  line  intersects  the  center  line  of  the  main  channel  of  Kings  river;  thence 
northeasterly  and  easterly  following  the  meander  of  the  said  center  line  of  the  main 
channel  of  Kings  river  to  the  point  where  said  center  line  intersects  the  boundary 
line  between  the  county  of  Fresno  and  the  county  of  Kings  as  now  established  by  law, 
thence  northeasterly  along  said  boundary  line  to  the  corner  common  to  the  counties 
of  Tulare,  Fresno  and  Kings;  thence  east  along  the  fourth  standard  parallel  line  south, 
Mount  Diablo  base  and  meridian  to  the  point  of  beginning. 

Boundary  line  between  Kings  and  Fresno  counties. 

§  2.  The  boundary'  line  of  Fresno  county  between  Fresno  and  Kings  is  hereby 
declared  to  be  as  follows :  Beginning  at  the  corner  common  to  the  counties  of  Kings, 
Monterey  and  Fresno;  thence  in  a  northeasterly  direction  along  the  boundary  line 
between  Fresno  and  Kings  county  as  now  established  by  law;  to  the  corner  common 
to  sections  thirteen  (13)  and  twenty-four  (24)  in  township  twenty  (20)  south,  range 
eighteen  (18)  east  Mount  Diablo  base  and  meridian  and  sections  eighteen  (18)  and 
nineteen  (19)  in  township  twenty  (20)  south,  range  nineteen  (19)  east,  Mount  Diablo 
base  and  meridian,  the  same  being  the  northwest  corner  of  section  nineteen  (19)  in 
township  twenty  (20)  south,  range  nineteen  (19)  east,  Mount  Diablo  base  and  meridian; 
thence  north  fifteen  miles  (15)  to  the  southwest  corner  of  section  thirty-one  (31)  in 
township  seventeen  (17)  south,  range  nineteen  (19)  east.  Mount  Diablo  base  and 
meridian;  thence  east  along  the  township  line  a  distance  of  eleven  and  one-half  miles 
more  or  less  to  a  point  where  said  township  line  intersects  the  center  line  of  the  main 
channel  of  Kings  river;  thence  northeasterly  and  easterly  following  the  meander  of 
said  center  line  of  the  main  channel  of  Kings  river  to  the  point  where  said  center  line 
of  the  main  channel  of  Kings  river  intersects  the  boundary  line  between  the  county  of 
Fresno  and  the  county  of  Kings  as  now  established  by  law;  thence  notheasterly  along 
said  boundary  line  to  the  corner  common  to  the  counties  of  Tulare,  Fresno  and  Kings. 

Terms  of  officers  in  territory  affected.     School  moneys.    Notaries  public. 

§  3.  All  justices  of  the  peace,  and  all  constables,  duly  elected  and  qualified  and 
residents  of  the  said  territory  therein  described  at  the  taking  effect  of  this  act  shall 
hold  their  offices  for  the  terms  provided  by  law  for  the  respective  townships  in  which 
they  reside.  All  school  trustees  acting  as  such  at  the  time  of  the  taking  effect  of  this 
act,  and  residents  of  the  said  territory  herein  described,  shall  hold  their  offices  for  the 
time  provided  by  law,  for  the  respective  school  districts  in  which  they  severally  reside, 
as  such  districts  are  now  organized.  The  county  superintendent  of  schools  of  Fresno 
county  is  hereby  directed  to  draw  his  warrant  in  favor  of  the  county  treasurer  of 
Kings  county  for  all  school  moneys  apportioned  or  to  be  apportioned  on  the  basis  of 
the  present  school  year  to  the  school  districts  situated  within  the  exterior  boundaries 
of  the  territory  described  in  section  one  of  this  act  and  the  treasurer  of  Fresno  county 
is  hereby  directed  to  pay  the  same.  All  notaries  public  residents  of  the  said  territory 
herein  described  shall  hold  their  offices  until  the  expiration  of  their  terms. 
Taxes. 

§  4.  All  taxes  assessed  and  levied  prior  to  the  first  Monday  of  March,  1909,  and 
constituting  a  lien  on  the  territory  now  belonging  to  Fresno  county  and  hereby 
annexed  to  Kings  county  shall  belong  to  and  be  paid  to  Fresno  county  and  all  taxes 
assessed  and  levied  on  and  after  the  first  Monday  of  March,  1909,  on  said  territory 
shall  belong  to  and  be  paid  to  Kings  county. 

§  5.  This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage  and  all 
tets  and  parts  of  acts  inconsistent  with  this  act  are  hereby  repealed. 


479  cot  XTV   BOUNDARIES.  Act  1103,  §§  1,  2 

LAKE  AND  GLENN,  MENDOCINO,  AND  COLUSA  COUNTIES. 
ACT  1103 — An  act  to  definitely  establish,  and  permanently  locate,  the  boundary  line 
between  the  county  of  Lake  and  the  county  of  G-lenn  and  a  portion  of  the  boundary 
line  between  the  counties  of  Lake  and  Mendocino  and  the  counties  of  Lake  and 
Colusa,  state  of  California. 

History:     Approved  March  13,  1909,  Stats.  1909,  p.  326. 

Lake  county,  northerly  and  easterly  boundary. 

$  1.  The  northerly  and  easterly  boundary  of  Lake  county,  between  Mount  Hull 
and  the  common  section  corner  of  sections  16,  17,  20  and  21  in  township  twenty  (20), 
north  range  nine  (9),  west  M.  D.  B.  and  M.  is  hereby  established  and  permanently 
located  as  follows :  Beginning  at  the  monument  on  top  of  Mount  Hull,  established  by 
T.  P.  Smythe  and  R.  P.  Hammond  and  party  on  October  20th,  1885;  and  approved  by 
H.  J.  Willey,  surveyor  general  of  the  state  of  California,  on  December  23rd,  1885; 
thence  due  north  to  the  half  section  line  running  east  and  west  through  section  two  (2), 
township  nineteen  (19)  north,  range  ten  (10)  west,  M.  D.  B.  and  M. ;  thence  east  along 
said  half  section  line  through  sections  two  (2)  and  one  (1)  of  said  township,  range, 
base  and  meridian,  and  then  through  section  five  (5)  to  the  southeast  corner  of  the 
northeast  quarter  of  said  section  five  (5),  township  nineteen  (19)  north,  range  nine 
(9)  west  M.  D.  B.  and  M. ;  thence  north  along  the  line  between  and  dividing  sections 
four  (4)  and  five  (5)  of  said  toAvnship,  range,  base  and  meridian,  and  continuing  north 
along  the  line  between  and  dividing  sections  thirty-two  (32)  and  thirty-three  (33),  and 
twenty-eight  (28),  to  the  conamon  section  corner  of  section  sixteen  (16),  seventeen  (17), 
twenty  (20),  and  twenty-one  (21),  township  twenty  (20)  north,  range  nine  (9)  west. 

Lake  and  Glenn  counties,  boundary  line  between. 

§  2.  The  boundary  line  between  the  county  of  Lake  and  the  county  of  Glenn  is 
hereby  established  and  permanently  located  as  follows:  Beginning  at  a  point  estab- 
lished by  section  two  of  "An  act  to  definitely  establish  and  permanently  locate  the 
eastern  boundary  line  of  Mendocino  county  between  Mount  Hull  and  the  southwest 
corner  of  Tehama  county  and  establish  the  western  boundary  of  the  county  of  Glenn 
between  Mendocino  and  Glenn  counties,"  approved  March  8th,  1907.  Said  point 
being  the  corner  of  sections  sixteen  (10),  and  seventeen  (17),  twenty  (20),  and  twenty- 
one  (21),  township  twenty  (20)  north,  range  nine  (9)  west,  M.  D.  M.  according  to  the 
United  States  survey  thence  east  between  sections  sixteen  (16),  twenty-one  (21), 
fifteen  (15),  twenty-two  (22),  fourteen  (14),  twenty-three  (23),  thirteen  (13),  twenty- 
four  (24),  of  township  twenty  (20)  north,  range  nine  (9)  west,  M.  D.  M.  and  sections 
eighteen  (18),  nineteen  (19),  seventeen  (17),  twenty  (20),  sixteen  (16),  twenty-one 
(21),  fifteen  (15),  twenty-two  (22),  township  twenty  (20)  north,  range  eight  (8)  west, 
M.  D.  M.  to  corner  of  sections  fourteen  (14)  fifteen  (15),  twenty-two  (22),  twenty- 
three  (23),  township  twenty  (20)  north,  range  eight  (8)  west,  M.  D.  M.;  thence  south 
between  sections  twenty-two  (22),  twenty-three  (23),  twenty-six  (26),  twenty-seven 
(27),  thirty-four  (34),  thirty-five  (35),  township  twenty  (20)  north,  range  eight  (8) 
west,  M.  D.  M.  and  sections  two  (2),  three  (3),  ten  (10),  eleven  (11),  fourteen  (14), 
fifteen  (15),  twenty-two  (22),  twenty-three  (23),  twenty-six  (26),  twenty-seven  (27), 
thirty-four  (34),  thirty-five  (35),  township  nineteen  (19)  north,  range  eight  (8)  west, 
M.  D.  M.  and  sections  two  (2),  three  (3),  ten  (10),  eleven  (11),  fourteen  (14),  fifteen 
(15),  twenty-two  (22),  twenty-three  (23),  twenty-six  (26),  twenty-seven  (27),  to  one- 
quarter  (V4)>  section  comer  on  section  line  dividing  sections  twenty-six  (26),  and 
twenty-seven  (27),  township  eighteen  (18)  north,  range  eight  (8)  west,  M.  D.  M.; 
said  point  being  on  boundary  line  between  the  county  of  Glenn  and  the  county  of 
Colusa  as  established  by  "An  act  to  change  and  permanently  locate  the  boundary  line 
between  the  counties  of  Glenn  and  Colusa,  approved  March  11,  1893." 


Act  1104,  §1  GENERAL.   LAWS.  480 

Lake  and  Colusa  counties,  boundary  line  between. 

$  3.  The  boundary  between  Lake  county  and  Colusa  county  between  the  northwest 
corner  of  Colusa  county  and  the  southeast  corner  of  the  northeast  one-quarter  (14) 
of  section  twenty-seven  (27),  township  eighteen  (18)  north,  range  eight  (8)  west, 
M.  D.  B.  M.  is  hereby  established  and  permanently  located  as  follows:  Beginning  at 
the  southeast  corner  of  the  northeast  one-quarter  (%)  of  section  twenty-seven  (27), 
township  eighteen  (18)  north,  range  eight  (8)  west,  M.  D.  B.  and  M.;  running  thence 
westerly  along  the  half  section  line  and  one  and  one-half  (1^^)  miles  north  of  the  line 
dividing  townships  seventeen  (17),  and  eighteen  (18),  of  Mount  Diablo  base  and 
meridian,  said  one-half  (i/^)  section  line  being  the  northern  boundary  of  Colusa 
county  as  fixed  by  "An  act  to  change  and  permanently  locate  the  boundai'y  line  between 
the  counties  of  Glenn  and  Colusa,  approved  March  11th,  1893,"  to  the  northwest 
corner  of  the  southwest  one-quarter  (^)  of  section  thirty  (30),  township  eighteen  (18) 
north,  range  eight  (8)  west,  M.  D.  B.  and  M. 

$  4.     This  act  shall  take  effect  immediately  upon  its  passage. 

Act  locating  portion  of  boundary  bet^veen  Lake  and  Mendocino  counties  south  of  Mount 
Hull. — See,  post.  Act  1108. 

MENDOCINO  AND  GLENN. 
ACT  1104 — An  act  to  definitely  establish  and  permanently  locate  the  eastern  boundary 
line  of  Mendocino  county,  between  Mount  Hull  and  the  southwest  corner  of  Tehama 
county,  and  establish  the  western  boundary  of  the  county  of  Glenn  between  Mendo- 
cino and  Glenn  counties. 

History:      Approved  March  8,  1907,  Stats.   1907,  p.  135. 

Eastern  boundary  line  of  Mendocino  county. 

§  1.  The  eastern  boundary  line  of  the  county  of  Mendocino  between  Mount  Hull 
and  the  southwest  corner  of  Tehama  county  is  hereby  established  and  permanently 
located  as  follows:  Beginning  at  the  monument  on  top  of  Mount  Hull,  established  by 
T.  P.  Smythe  and  R.  P.  Hammond  and  party  on  October  20th,  1885  and  approved  by 
H.  J.  Willey,  surveyor  general  of  the  state  of  California,  on  December  23rd,  1885, 
being  the  northeast  corner  of  Lake  county;  thence  due  north  to  the  half  section  line 
running  east  and  west  through  section  two  (2),  township  nineteen  (19)  north,  range 
ten  (10)  west,  M.  D.  B.  &  M. ;  thence  east  along  said  half  section  line  through  sections 
two  (2)  and  one  (1)  of  said  township,  range,  base  and  meridian,  and  then  through 
section  five  (5)  to  the  southeast  corner  of  the  northeast  quarter  of  said  section  five 
(5),  township  nineteen  (19)  north,  range  nine  (9)  west  M.  D.  B.  &  M.;  thence  north 
along  the  line  between  and  dividing  section  four  (4)  and  five  (5)  of  said  township, 
range,  base  and  meridian,  and  continuing  north  along  the  line  between  and  dividing 
sections  thirty-two  (32)  and  thirty-three  (33),  twenty-eight  (28)  and  twenty-nine 
(29),  twenty  (20)  and  twenty-one  (21),  sixteen  (16)  and  seventeen  (17),  eight  (8) 
and  nine  (9),  and  four  (4)  and  five  (5)  township  twenty  (20)  north,  range  nine  (9) 
west  M.  D.  B.  &  M.,  to  the  line  dividing  townships  twenty  (20)  and  twenty-one  (21) 
north,  range  nine  (9)  west,  M.  D.  B.  &  M. ;  thence  west  on  said  last  mentioned  line, 
the  same  being  the  fourth  standard  parallel  line  north,  seven  hundred  and  seventy- 
five  (775)  feet  more  or  less  to  the  southeast  corner  of  section  thirty-two  (32),  town- 
ship twenty-one  (21)  north,  range  nine  (9)  west,  M.  D.  B.  &  M. ;  thence  north  on  the 
line  between  and  dividing  sections  thirty-two  (32)  and  thirty-three  (33),  twenty- 
eight  (28)  and  twenty-nine  (29),  twenty  (20)  and  twenty-one  (21),  sixteen  (16)  and 
seventeen  (17),  eight  (8)  and  nine  (9),  four  (4)  and  five  (5),  all  in  township  twenty- 
one  (21)  north,  range  nine  (9)  west  M.  D.  B.  &  M.  to  the  southeast  corner  of  section 
thirty-two  (32)  township  twenty-two  (22)  north,  range  nine  (9)  west,  M.  D.  B.  &  M.; 
ihence  west  along  the  line  between  and  dividing  sections  five  (5)  and  thirty-two  ^32) 


481  COl  NTY   BOUXDARIES.  Acts  1105,  IICO.  §  1 

to  the  southeast  comer  of  section  thirty-six  (36),  township  twenty-two  (22)  north, 
range  ten  (10)  west,  M.  D.  B.  &  M. ;  thence  north  on  the  range  line  between  and 
dividing  ranges  nine  (9)  and  ten  (10)  west,  which  said  line  also  divides  sections 
thirty-two  (32)  and  thirty-six  (36),  twenty-five  (25)  and  twenty-nine  (29),  twenty 
(20)  and  twenty-four  (24)  to  the  southeast  corner  of  the  northeast  quarter  of  section 
twenty-four  (24) ;  thence  west  along  the  half  section  line  through  sections  twenty- 
four  (24)  and  twenty- three  (23)  to  the  center  of  said  section  twenty-three  (23),  all 
in  township  twenty-two  (22)  north,  range  ten  (10)  west  M.  D.  B.  &  M. ;  thence  north 
along  the  half  section  line  running  north  through  sections  twenty-three  (23),  fourteen 
(14),  eleven  (11)  and  two  (2)  in  said  last  mentioned  township,  range,  base  and 
meridian,  to  the  southwest  corner  of  Tehama  county  as  established  in  section  thirty- 
nine  hundred  and  fifteen  (3915)  of  the  Political  Code  of  the  state  of  California. 

Western  boundary  line  of  G-lenn  county. 

$  2.  That  portion  of  the  line  described  in  section  one  of  this  act,  beginning  at  a 
point  on  said  line  where  the  line  dividing  sections  seventeen  (17)  and  twenty  (20) 
and  sections  sixteen  (16)  and  twenty-one  (21),  township  twenty  (20)  north,  range 
nine  (9)  west,  M.  D.  B.  &  M.  crosses  the  same;  thence  north  on  said  line  as  described 
in  section  one  of  this  act  to  the  southwest  comer  of  Tehama  county  shall  constitute 
the  western  boundary  of  Glenn  county  between  the  counties  of  Glenn  and  Mendocino. 

§  3.     This  act  shall  take  effect  immediately. 

BUTTE  AND  GLENN. 

ACT  1105 — An  act  to  change  and  permanently  locate  the  boundary  line  between  the 
counties  of  Butte  and  Glenn. 

History:     Approved  May  27,  1915.     In  effect  August  8,  1915.     Stats. 
1915,  p.  898. 

Boundary  between  Butte  and  Glenn  counties. 

$  1.  The  boundary  line  between  the  counties  of  Butte  and  Glenn  is  hereby  established 
and  permanently  located  as  follows:  From  the  point  where  the  line  between  town- 
ship 19  north,  range  1  east  and  township  20  north,  range  1  east  intersects  the  line 
between  sections  three  and  four  of  the  Aguas  Frias  Rancho  according  to  the  La  Croze 
survey  of  the  said  Aguas  Frias  Rancho,  said  point  being  on  the  line  between  Butte  and 
Glenn  counties,  running  thence  south  along  the  said  line  between  the  said  sections  three 
and  four  to  its  point  of  intersection  with  the  center  line  of  Butte  creek,  said  point  of 
intersection  being  on  the  present  line  between  Butte  and  Glenn  counties. 

Repealed. 

$  2.    All  other  acts  and  parts  of  acts  in  conflict  with  this  act  are  hereby  repealed. 

BETWEEN  MENDOCINO  AND  SONOMA. 

ACT  1106 — An  act  to  definitely  establish  and  permanently  locate  the  boundary  line 

between  the  counties  of  Mendocino  and  Sonoma,  state  of  California. 

History:      Approved  May  31,  1917.     In  effect  July  30,   1917.     Stats. 
1917,  p.  1396. 

Boundary  line  between  Mendocino  and  Sonoma  counties  established. 

§  1.  The  boundary  line  between  the  counties  of  Mendocino  and  Sonoma  is  hereby 
established  and  permanently  located  as  follows : 

Commencing  at  a  point  in  the  Pacific  ocean,  three  miles  due  west  of  a  point  in  the 
center  of  the  channel  at  the  mouth  of  the  Gualala  river;  thence  due  east  three  miles  to 
said  point  in  the  center  of  the  channel  at  the  mouth  of  said  Gualala  river;  thence  u]) 
the  center  of  the  channel  of  said  Gualala  river  to  a  point  where  the  center  of  said 
channel  intersects  the  section  line  running  east  and  west  between  sections  twenty-three 

Gen.  Laws — 31 


Aft  1107,  §  1  GEXERAL   LAAVS.  tbi^ 

and  twenty-six,  township  eleven  north,  range  fifteen  west.  Mount  Diablo  meridian; 
thence  east  on  said  section  line  and  its  conliniiation  between  sections  twenty-four  and 
twenty-five,  said  township  and  range,  to  the  range  line  between  ranges  fourteen  and 
fifteen  west,  Mount  Diablo  meridian;  thence  continuing  east  on  the  section  line  between 
sections  nineteen  and  thirty,  twenty  and  twenty-nine,  twenty-one  and  twenty-eight, 
twentj'^-two  and  twenty-seven,  twenty-three  and  twenty-six,  and  twenty-four  and 
twenty-five,  township  eleven  north,  range  fourteen  west.  Mount  Diablo  meridian,  to 
the  range  line  between  ranges  thirteen  and  fourteen  west.  Mount  Diablo  meridian; 
thence  north  on  said  range  line  between  said  ranges  thirteen  and  fourteen  two  miles 
more  or  less,  to  the  section  corner  common  to  sections  twelve  and  thirteen,  township 
eleven  north,  range  fourteen  west.  Mount  Diablo  meridian,  and  sections  seven  and 
eighteen,  township  eleven  north,  range  thirteen  west.  Mount  Diablo  meridian;  thence 
east  on  the  section  line  between  sections  seven  and  eighteen,  eight  and  seventeen,  nine 
and  sixteen,  ten  and  fifteen,  eleven  and  fourteen,  and  twelve  and  thirteen,  township 
eleven  north,  range  thirteen  west.  Mount  Diablo  meridian,  to  the  intersection  of  said 
section  line  with  the  range  line  between  ranges  twelve  and  thirteen  west,  Mount  Diablo 
meridian;  thence  continuing  east  on  the  section  line  between  sections  seven  and  eighteen, 
eight  and  seventeen,  nine  and  sixteen,  ten  and  fifteen,  eleven  and  fourteen,  and  twelve 
and  thirteen,  township  eleven  north,  range  twelve  west.  Mount  Diablo  meridian,  to  the 
intersection  of  said  section  line  with  the  range  line  between  ranges  eleven  and  twelve 
west.  Mount  Diablo  meridian;  thence  north  on  said  range  line  between  ranges  eleven 
and  twelve,  two  miles,  more  or  less,  to  the  southwest  corner  of  township  twelve  north, 
range  eleven  west.  Mount  Diablo  meridian;  thence  east  on  the  south  boundary  line  of 
said  township  twelve  north,  range  eleven  west,  three  miles,  more  or  less,  to  the  soutli- 
east  corner  of  section  thirty-three,  township  twelve  north,  range  eleven  west;  thence 
north  on  the  section  line  between  sections  thirty-three  and  thirty-four,  one  mile  more 
or  less,  to  the  northwest  corner  of  said  last  named  section  thirty-four;  and  thence  east 
on  the  section  line  between  sections  twenty-seven  and  thirty-four,  twenty-six  and 
thirty-five,  and  twenty-five  and  thirty-six,  township  twelve  north,  range  eleven  west, 
Mount  Diablo  meridian,  and  continuing  east  on  the  section  line  between  sections  thirty 
and  thirty-one,  twenty-nine  and  thirty-two,  twenty-eight  and  thirty-three,  twenty-seven 
and  thirty-four,  twenty-six  and  thirty-five,  and  twenty-five  and  thirty-six;  township 
twelve  north,  range  ten  west.  Mount  Diablo  meridian,  and  continuing  east  on  the 
section  line  betAveen  sections  thirty  and  thirty-one,  twenty-nine  and  thirty-two,  twenty- 
eight  and  thirty-three,  twenty-seven  and  thirty-four,  and  twenty-six  and  thirty-five  to 
the  corner  common  to  sections  twenty-five,  twenty-six,  thirty-five,  and  thirty-six;  town- 
ship twelve  north,  range  nine  west.  Mount  Diablo  meridian. 

§  2.  All  acts  and  parts  of  acts  in  conflict  with  the  provisions  hereof  are  hereby 
repealed. 

KERN  AND  SAN  BERNARDINO. 
ACT  1107 — An  act  to  describe,  establish  and  permanently  locate  the  "boundary  line 

between  the  counties  of  Kern  and  San  Bernardino. 

History:      Approved   May   10,  1917.     In   effect  July  27,   1917.     Stats. 
1917,  p.  301. 

Boundary  line  between  counties  of  Kern  and  San  Bernardino. 

^  1.  The  boundary  line  between  the  counties  of  Kern  and  San  Bernardino  is  hereby 
established  and  permanently  located  as  follows: 

Beginning  at  the  northwest  corner  of  township  eight  north,  range  seven  west,  San 
Bernardino  meridian,  being  the  northeast  corner  of  Los  Angeles  county;  thence  east 
along  the  township  line  to  the  section  line  between  sections  thirty-two  and  thirty-three, 
township  nine  north,  range  seven  west,  Snn  Bernardino  meridian;  thence  north,  follow- 
ing section  lines,  to  the  eighth  standard  jiaiallel  south  of  Mount  Diablo  base;  thence 


4S3  COUNTY  BOUNDARIES.  Act  llOS,  §  . 

east  along  said  standard  parallel  to  the  southwest  corner  of  township  thirty-two  south, 
range  forty-one  east,  Mount  Diablo  meridian;  thence  north  along  township  lines  to  the 
seventh  standard  parallel  south  of  Mount  Diablo  base;  thence  along  said  standard 
parallel  to  the  southwest  corner  of  section  thirty-six,  township  twenty-eight  south, 
range  forty  east,  Mount  Diablo  meridian ;  thence  north  along  section  lines  to  the  north- 
west corner  of  section  one,  township  twenty-five  south,  range  forty  east,  Mount  Diablo 
meridian,  said  point  being  hereby  established  as  the  northeast  corner  of  Kern  county 
and  the  northwest  corner  of  San  Bernardino  county. 

Repealed. 

§  2.    All  other  acts  and  parts  of  acts  in  conflict  with  this  act  are  hereby  repealed. 

LAKE  AND  MENDOCINO.     . 
ACT  1108 — An  act  to  definitely  establish  and  permanently  locate,  a  portion  of  the 
boundary  line  between  the  county  of  Lake  and  the  county  of  Mendocino,  state  of 
California. 

History:      Approved  June  1,  1917.     In  effect  July  31,   1917.     Stats. 
1917,  p.  1635. 

Boundary  line  between  Mendocino  and  Lake  counties. 

$  1.  That  portion  of  the  boundary  line  between  Mendocino  county  and  Lake  county, 
between  Mt.  Hull  and  the  southeast  comer  of  Mendocino  county  is  hereby  established 
and  permanently  located  as  follows  : 

Beginning  at  the  monument  on  top  of  Mt.  Hull,  established  by"T.  P.  Smythe  and 
R,  P.  Hammond  and  party  on  October  20,  1885 ;  and  approved  by  H.  J.  Willev  surveyor 
general  of  the  state  of  California,  on  December  23,  1885;  thence  due  south  to  the  half 
section  line  running  east  and  west  through  section  eleven,  township  nineteen  north 
range  ten  west,  Mount  Diablo  base  and  meridian;  thence  west  along  said  half  section 
line  through  sections  eleven,  ten,  nine,  eight,  and  seven  of  said  township,  ran"-e  base 
and  meridian;  and  thence  through  section  twelve,  township  nineteen  north,  rano-e  eleven 
west,  Mount  Diablo  base  and  meridian;  to  the  center  of  said  section  twelve-  thence 
south  one-half  mile  to  the  quarter  section  corner  on  the  south  boundary  of  said  section 
twelve;  thence  west  one  mile  to  the  quarter  section  corner  between  sections  eleven 
and  fourteen,  said  last  mentioned  township  and  range;  thence  south  one-half  mile  to 
the  center  of  said  section  fourteen;  thence  west  one  mile  to  the  center  of  section  fifteen 
said  township  and  range;  thence  south  along  the  half  section  line  running  through 
sections  fifteen,  twenty-two,  twenty-seven,  and  thirty-four,  to  the  quarter  section  corner 
on  the  south  line  of  section  thirty-four,  said  township  nineteen  north,  rano-e  eleven 
west,  Mount  Diablo  base  and  meridian;  thence  west  along  the  township  line  between 
townships  eighteen  and  nineteen  north,  range  eleven  west,  Mount  Diablo  base  and 
meridian,  to  the  northwest  corner  of  lot  three,  section  three,  township  eighteen  north 
range  eleven  west.  Mount  Diablo  base  and  meridian;  thence  south  along  the  line  divid- 
ing the  east  half  of  the  west  half  from  the  west  half  of  the  west  half  of  said  section  3 
a  distance  of  one  mile  to  the  south  boundary  line  of  said  section  three*  thence  west 
along  the  south  boundary  of  said  section  three  to  the  corner  common  to  sections  three 
four,  nine,  and  ten,  said  township  and  range;  thence  south  along  the  section  line  between 
sections  nine  and  ten  and  fifteen  and  sixteen,  a  distance  of  two  miles  to  the  corner  of 
sections  fifteen,  sixteen,  twenty-one  and  twenty-two,  said  last  mentioned  township  and 
range;  thence  east  along  the  line  betAveen  sections  fifteen  and  twenty-two  to  the  corner 
of  sections  fourteen,  fifteen,  twenty-two,  and  twenty-three,  said  township  nineteen 
north,  range  eleven  west;  thence  south  along  the  section  line  between  sections  twenty- 
two  and  twenty-three,  and  twenty-six  and  twenty-seven,  a  distance  of  two  miles  to  the 
corner  of  sections  twenty-six,  twenty-seven,  thirt3'-four,  and  thirtj'^-five,  said  township 
and  range;  thence  east  along  the  section  line  between  sections  twenty-six  and  thirty- 


Act  1108,  §1  GENERAIj   LAWS.  484 

five,  a  distance  of  one-half  mile  to  the  quarter  section  corner  between  last  mentioned 
sections;  thence  south  along  the  half  section  line  one  mile  to  the  quarter  section  corner 
on  the  south  boundary  of  section  thirty-five,   township  eighteen  north,  range  eleven 
west,  Mount  Diablo  base  and  meridian ;  thence  east  along  the  township  line  on  the  north 
boundarj'  of  township  seventeen   north,   range  eleven  west,  Mount  Diablo   base   and 
meridian,  to  the  northeast  corner  of  section  two,  said  township  and  range;  thence  south 
along  the  section  line  between  sections  one  and  two,  and  eleven  and  twelve  a  distance 
of  two  miles  to  the  corner  of  sections  eleven,  twelve,  thirteen,  and  fourteen;  thence 
east  along  the  section  line  between  sections  twelve  and  thirteen  a  distance  of  one-half 
mile  to  the  quarter  section  corner  between  said  sections;  thence  south  along  the  half 
section  line  a  distance  of  one  mile  to  the  quarter  section  corner  between  sections  thir- 
teen and  twenty-four;  thence  east  along  the  section  line  between  said  sections  thirteen 
and  twenty-four,  a  distance  of  one-half  mile  to  the  line  between  townships  seventeen 
north,  ranges  ten  and  eleven  west.  Mount  Diablo  base  and  meridian;   thence  south 
along  said  line,  a  distance  of  three  miles  to  the  corner  of  townships  sixteen  and  seven- 
teen north,  ranges  ten  and  eleven  west  Mount  Diablo  base  and  meridian;  thence  east 
along  the  north  line  of  township  sixteen  north,  range  ten  west,  Mount  Diablo  base  and 
meridian,  to  the  northeast  corner  of  section  six,  said  township  and  range ;  thence  south 
along  the  section  line  between  sections  five  and  six  and  seven  and  eight,  a  distance  of 
one  and  one-half  miles  to  the  quarter  section  comer  between  sections  seven  and  eight; 
thence  east  along  the  half  section  line,  a  distance  of  one-half  mile  to  the  center  of 
said  section  eight;  thence  south  along  the  half  section  line,  a  distance  of  one  and  one- 
half  miles  to  the  quarter  section  comer  between  sections  seventeen  and  twenty,  said 
township  and  range;  thence  west  along  the  section  line,  a  distance  of  one  mile  to  the 
quarter  section  corner  between  sections  eighteen  and  nineteen;  thence  south  along  the 
half  section  line,  a  distance  of  one  mile  to  the  quarter  section  corner  between  sections 
nineteen  and  thirty;  thence  west  one-half  mile  more  or  less,  to  the  comer  of  sections 
nineteen,  twenty-four,  twenty-five,  and  thirty,  township  sixteen  north,  ranges  ten  and 
eleven   west,   Mount   Diablo   base   and   meridian;    thence   south   along   the  range   line 
between  said  ranges  ten  and  eleven,  a  distance  of  one-half  mile  to  the  quarter  section 
corner  on  the  east  boundary  of  section  twenty-five,  township  sixteen  north,  range  eleven 
west;  thence  west  along  the  north  line  of  lot  3,  section  twenty-five,  said  township  and 
range,  a  distance  of  one-quarter  mile,  more  or  less,  to  the  northwest  comer  of  said 
lot  three;  thence  south  along  the  west  line  of  lots  three  and  four,  said  section  twenty- 
five,  a  distance  of  one-half  mile  to  the  south  boundary  of  said  section  twenty-five; 
thence  west  along  the  south  line  of  said  section  twenty-five  to  the  quarter  section  corner 
between  sections  twenty-five  and  thirty-six,  said  township  and  range;  thence   south 
along  the  half  section  line,  a  distance  of  one-half  mile  to  the  center  of  said  section 
thirty-six;  thence  west  along  the  half  section  line,  a  distance  of  one  fourth  mile  to  the 
northwest  corner  of  the  northeast  quarter  of  the  southwest  quarter  of  said  section 
thirtv-six;  thence  south  along  the  west  line  of  the  northeast  quarter  of  the  southwest 
quarter  and  the  west  line  of  lot  six  of  said  section  thirty-six,  to  the  north  boundary 
of  township  fifteen  north,  range  eleven  west.  Mount  Diablo  base  and  meridian;  thence 
west  along  said  township  line  to  the  quarter  section  corner  on  the  north  boundary  of 
section  two,  township  fifteen  north,  range  eleven  west.  Mount  Diablo  base  and  merid- 
ian- thence  south  along  the  half  section  line  to  the  quarter  section  comer  between 
sections  two  and  eleven,  said  township  and  range;  thence  west  along  the  section  line 
between  sections  two  and  eleven  one-quarter  mile  to  the  northwest  corner  of  the  east 
half  of  the  northwest  quarter  of  said  section  eleven;  thence  south  along  the  west  line 
of  the  said  east  half  of  the  northwest  quarter  of  section  eleven,  a  distance  of  one-half 
mile  to  the  half  section  line  running  east  and  west  through  said  section  eleven;  thence 
west  alono-  said  half  section  line  one  and  three-quarter  miles  to  the  center  of  section 


4W  CITY    BOLXDARIES.  Act  llOS,  §  1 

nine,  said  township  and  range;  thence  south  along  the  half  section  line,  a  distance  of 
two  and  one-half  miles  to  the  quarter  section  corner  between  sections  twenty-one  and 
twenty-eight;  thence  west  along  the  section  line,  a  distance  one-half  mile  to  the  corner 
of  sections  twenty,  twenty-one,  twenty-eight,  and  twenty-nine;  thence  south  along  the 
section  line  a  distance  of  two  miles  to  the  line  on  the  north  boundaiy  of  township 
fourteen  north,  range  eleven  west,  Mount  Diablo  base  and  meridian;  thence  east  along 
said  township  line  a  distance  of  three  and  sixty-five  hundredths  chains  to  the  northwest 
corner  of  section  four,  township  fourteen  north,  range  eleven  west,  Mount  Diablo  base 
and  meridian;  thence  south  along  the  section  line  a  distance  of  one  mile  to  the  corner 
of  sections  four,  five,  eight,  and  nine,  said  township  and  range;  thence  west  along  the 
section  line  a  distance  of  one-half  mile  to  the  quarter  section  corner  between  sections 
five  and  eight;  thence  south  along  the  half  section  line  to  the  quarter  section  corner 
on  the  south  boundary  of  section  eight;  thence  east  along  the  section  line  between 
sections  eight  and  seventeen,  a  distance  of  five  and  ninety  hundredths  chains  more  or 
less,  to  the  quarter  section  corner  on  the  north  boundary  of  section  seventeen;  thence 
south  along  the  half  section  line,  a  distance  of  one-half  mile  to  the  center  of  said  sec- 
tion seventeen;  thence  east  along  the  half  section  line  a  distance  of  one-half  mile  to 
the  quarter  section  corner  between  sections  sixteen  and  seventeen;  thence  south  along 
the  section  line  a  distance  of  one-half  mile  to  the  corner  of  sections  sixteen,  seventeen, 
twenty,  and  twenty-one;  thence  east  along  the  section  line  a  distance  of  one  mile  to  the 
corner  of  sections  fifteen,  sixteen,  twenty-one,  and  twenty-two;  thence  south  along 
the  section  line  a  distance  of  one  mile  to  the  corner  of  sections  twenty-one,  twenty-two, 
twenty-seven,  and  twenty-eight;  thence  east  along  the  section  line  a  distance  of  one- 
half  mile  to  the  quarter  section  corner  between  sections  twenty-two  and  twenty-seven ; 
thence  south  along  the  half  section  line  two  miles  to  the  north  boundary  of  township 
thirteen  north,  range  eleven  west.  Mount  Diablo  base  and  meridian;  thence  east  along 
the  township  line  one-half  mile  to  the  northwest  corner  of  section  two,  said  township 
and  range;  thence  south  along  the  section  line  a  distance  of  one-half  mile  to  the  quar- 
ter section  corner  between  sections  two  and  three;  thence  east  along  the  half  section 
line  a  distance  of  one-half  mile  to  the  center  of  said  section  two;  thence  south  along 
the  half  section  line  a  distance  of  one-half  mile  to  the  quarter  section  corner  between 
sections  two  and  eleven;  thence  east  along  the  section  line  a  distance  of  one-half  mile 
to  the  corner  of  sections  one,  two,  eleven,  and  twelve;  thence  south  along  the  section 
line  a  distance  of  one-half  mile  to  the  quarter  section  corner  between  sections  eleven 
and  twelve;  thence  east  along  the  half  section  line  a  distance  of  one-half  mile  to  the 
center  of  said  section  twelve;  thence  south  along  the  half  section  line  a  distance  of 
one-quarter  mile  to  the  corner  of  lots  two,  three,  six,  and  seven,  said  section  twelve; 
thence  east  along  the  south  line  of  lots  one  and  two  of  said  section  twelve,  a  distance 
of  one-half  mile  to  the  line  between  townships  thirteen  north,  ranges  eleven  and  twelve 
west,  Mount  Diablo  base  and  meridian;  thence  north  along  said  range  line  a  distance 
of  nine  and  twenty-five  hundredths  chains  to  the  southwest  corner  of  section  five, 
township  thirteen  north,  range  ten  west,  Mount  Diablo  base  and  meridian;  thence  east 
along  the  section  line  a  distance  of  eighty-nine  chains  to  the  corner  of  sections  four, 
five,  eight,  and  nine;  thence  south  along  the  section  line  a  distance  of  one  mile  to  the 
corner  of  sections  eight,  nine,  sixteen,  and  seventeen;  thence  east  along  the  section  line 
a  distance  of  one-half  mile  to  the  quarter  section  corner  between  sections  nine  and 
sixteen;  thence  south  along  the  half  section  line  a  distance  of  two  and  one-half  miles 
to  the  center  of  section  twenty-eight;  thence  east  along  the  half  section  line  a  distance 
of  one-half  mile  to  the  quarter  section  corner  between  sections  twenty-seven  and 
twenty-eight;  thence  south  along  the  section  line  a  distance  of  one  mile  to  the  quarter 
section  corner  between  sections  thirty-three  and  thirtj^-f our ;  thence  east  along  the  half 
section  line,  a  distance  of  one-half  mile  to  the  center  of  section  thirty-four;  thence 


Act  1109,  §  1  GENERAL   LAWS.  486 

Bouth  along  the  half  section  line  a  distance  of  one-half  mile  to  the  north  boundary  of 
township  twelve  north,  range  ten  west,  Mount  Diablo  base  and  meridian;  thence  east 
along  said  township  line  a  distance  of  fifty-five  chains  to  the  northeast  corner  of  sec- 
tion three,  township  twelve  north,  range  ten  west;  thence  south  along  the  section  line 
a  distance  of  one  and  one-half  miles  to  the  quarter  section  comer  between  sections  ten 
and  eleven;  thence  east  along  the  half  section  line  a  distance  of  two  miles  to  the  line 
between  townships  twelve  north,  ranges  nine  and  ten  west,  Mount  Diablo  base  and 
meridian;  thence  south  along  the  line  between  said  ranges  nine  and  ten  a  distance  of 
one-half  mile  to  the  corner  of  sections  seven,  twelve,  thirteen,  and  eighteen,  said  town- 
ships and  ranges;  thence  east  along  the  section  line  a  distance  of  one  mile  to  the  corner 
of  sections  seven,  eight,  seventeen,  and  eighteen,  township  twelve  north,  range  nine 
west,  Mount  Diablo  base  and  meridian;  thence  south  along  the  section  line  a  distance 
of  one  mile  to  the  corner  of  sections  seventeen,  eighteen,  nineteen,  and  twenty;  thence 
east  along  the  section  line  a  distance  of  one  mile  to  the  corner  of  sections  sixteen, 
seventeen,  twenty,  and  twenty-one;  thence  south  along  the  section  line  a  distance  of 
one-half  mile  to  the  quarter  section  corner  between  sections  twenty  and  twenty-one; 
thence  east  along  the  half  section  line  a  distance  of  one  mile  to  the  quarter  section 
corner  between  sections  twenty-one  and  twenty-two ;  thence  south  along  the  section  line 
a  distance  of  one-half  mile  to  the  corner  of  sections  twenty-one,  twenty-two,  twenty- 
seven,  and  tAventy-eight ;  thence  east  along  the  section  line  a  distance  of  one  mile  to  the 
corner  of  sections  twenty-two,  twenty-three,  twenty-six,  and  twenty-seven ;  thence  south 
along  the  section  line  a  distance  of  one-half  mile  to  the  quarter  section  comer  between 
sections  twenty-six  and  twenty-seven;  thence  east  along  the  half  section  line  a  distance 
of  one  mile  to  the  quarter  section  corner  between  sections  twenty-five  and  twenty-six; 
and  thence  south  along  the  section  line  a  distance  of  one-half  mile  to  the  corner  of 
sections  twenty-five,  twenty-six,  thirty-five,  and  thirty-six,  township  twelve  north,  range 
nine  west.  Mount  Diablo  base  and  meridian. 

Repealed. 

§  2.  All  acts  and  parts  of  acts  in  conflict  with  the  provisions  hereof  are  hereby 
repealed. 

Act  locating  portion  of  boundary  bet^veeu  Lake  and  Mendocino  counties  north  of  Mount 
Hull. — See,  aMte,  Act  1103. 

RIVERSIDE  AND  SAX  BERNARDINO. 
ACT  1109 — An  act  to  establish  and  permanently  locate  the  boundary  line  between  the 
county  of  Riverside  and  the  county  of  San  Bernardino. 

History:     Approved  April  15,  1919.     In  effect  July  22,  1919.     Stats. 
1919,  p.  99. 

Boundary  line  between  counties  of  Riverside  and  San  Bernardino. 

§  1.  The  boundary  line  between  the  county  of  Riverside  and  the  county  of  San 
Bernardino  is  hereby  established  and  permanently  located  as  follows,  to  wit : 

Beginning  at  a  point  on  the  eastern  boundary  of  the  state  of  California,  where  the 
east  and  west  center  line  of  township  one  south,  range  twenty-four  east,  San  Bernar- 
dino base  and  meridian,  or  the  prolongation  thereof,  intersects  said  eastern  boundary 
of  the  state  of  California,  thence  westerly  along  section  lines  to  the  southeast  corner  of 
section  seventeen,  township  one  south,  range  sixteen  east,  San  Bernardino  base  and 
meridian,  thence  south  to  the  southeast  corner  of  section  thirty-two,  same  township 
and  range,  said  point  being  on  the  township  line  between  townships  one  and  two  south, 
San  Bernardino  base  and  meridian,  thence  west  on  said  township  line  to  the  northeast 
corner  of  township  two  south,  range  one  west,  San  Bernardino  base  and  meridian, 
thence  south  to  the  southeast  corner  of  section  twelve,  township  two  south,  range  one 
west,  San  Bernardino  base  and  meridian,  thence  west  to  the  southwest  corner  of  sec- 


4S7  COUNTY    CLERK.  Acts  1111,  1113,  §  1 

tion  eight,  township  two  south,  range  three  west,  San  Bernardino  base  and  meridian, 
thence  north  to  the  northwest  corner  of  said  section  eight,  thence  west  to  the  quarter 
corner  on  the  south  line  of  section  two,  township  two  south,  range  five  west,  San  Ber- 
nardino base  and  meridian,  thence  north  to  the  quarter  corner  on  the  north  line  of 
said  section  two,  thence  west  to  the  southwest  corner  of  section  thirty-one,  township 
one  south,  range  six  west,  thence  south  along  section  lines  to  the  northern  boundary  of 
the  Jurupa  rancho,  thence  southwesterly  along  said  north  boundary  to  the  northwest 
comer  of  said  rancho,  thence  south  along  the  west  boundary  of  said  Jurupa  rancho  to 
the  quarter  comer  on  the  east  line  of  section  nine,  township  three  south,  range  seven 
west,  thence  west  in  a  direct  line  to  center  of  section  seven,  same  township  and  range, 
thence  south  in  a  direct  line,  to  the  quarter  comer  on  the  south  line  of  section  nine- 
teen, township  three  south,  range  seven  west,  thence  west  to  the  east  boundary  of  the 
El  Canyon  De  Santa  Ana  rancho,  thence  southerly  along  the  easterly  boundary  of  said 
rancho  to  an  intersection  with  course  number  seven  of  the  boundary  line,  established 
by  joint  survey  in  December,  1876,  and  Januar\^,  1877,  as  the  line  between  Los  Angeles 
and  San  Bernardino  counties,  said  point  being  a  corner  common  to  Orange,  Riverside 
and  San  Bernardino  counties. 

Repealed. 

$  2.    All  acts  and  parts  of  acts  in  conflict  herewith  are  hereby  repealed. 

CHAPTER  77. 

COUNTY  CLERK. 

References:    Bond,  deputies,  duties,  election,  fees  and  oath  of  office  of,  see  appropriate 

title,  Kerr's  Cyc.  Political  Code. 
Clerk   of  superior   court,    duties   as,   see   appropriate   title,    Kerr's    Cyc.    Code    Civil 

Procedure. 
See,  also,  tits.  "Acknowledgments";  "Auditors";  "Pensions." 

CONTENTS  OF  CHAPTER. 

A.CT  1111.     Deputies  in  Counties  and  Cities  and  Counties  of  Over  120,000  Inhabitants 
1113.     Compensation  for  Additional  Help  in  Office. 

DEPUTIES,  ETC.,  IN  COUNTIES  OF  OVER  120,000. 
ACT  1111 — An  act  in  relation  to  deputies,  assistants,  and  copyists  of  county  clerks. 

History:      Approved    April    2,    1880,    Stats.    1880,    p.    20.      Amended 
February  14,  1891,  Stats.  1891,  p.  5. 

This  act  provided  for  the  appointment  and  are  in  violation  of  section  5,  article  XI,  and 

compensation    of    deputies,    clerks,    ad    as-  subdivision  28,  section  25,  article  XI,  of  the 

sistants  in  counties,  and  cities  and  counties  constitution. — San    Francisco    v.    Broderick, 

of  over  120.000   inhabitants.  125  Cal.  188,  57  Pac.  887. 

Inoonstitutional. — The  act  and  the  amend-  Snperseded    as    to    San    Francisco    by    its 

ment    is    local    and    special    legislation,    and  charter. — See  article  V,  chapter  V,  charter. 

ADDITIONAL  HELP  IN  OFFICE. 
ACT  1113 — An  act  to  provide  for  the  payment  of  compensation  of  additional  help  in 
the  county  clerk's  office  of  the  various  counties  throughout  the  state. 

History:     Approved  June  2,  1913.    In  effect  August  10,  1913.    Stats, 
1913,  p.  363. 

Additional  help  for  county  clerks. 

§  1.  In  any  county  where  it  was  necessary  for  the  county  clerk  to  employ  help  in 
addition  to  that  prescribed  by  law,  in  order  to  provide  for  the  necessary  work  in  regis- 
tering voters,  entailed  by  the  adoption  of  the  constitutional  amendment  extending  the 
right  of  suffrage  to  women,  the  board  of  supervisors  shall  be  and  they  are  hereby 
authorized  and  emijowered  to  allow  the  demand  of  any  person  for  services  so  rendered 


Act  1115,  §§  1, 2  GEXERAL   LA\%'S.  488 

at  the  request  of  the  county  clerk  of  the  said  county  upon  a  certificate  of  the  county 
clerk  that  the  services  were  necessary  to  conduct  the  work  of  his  office  by  reason  of  the 
increased  work  occurring,  as  above  set  forth,  at  the  rate  of  three  dollars  for  each  day 
of  eight  hours  that  any  such  person  was  so  employed  in  rendering  such  services;  pro- 
vided, however,  that  no  demand  for  such  services  shall  be  allowed  or  paid  unless  the 
same  was  filed  with  ''he  board  of  supervisors  prior  to  the  first  day  of  May,  1913. 

CHAPTER  78. 
COUNTY  ENGINEER. 

CONTENTS  OF  CHAPTER. 
ACT  1115.     "The  County  Engineer  Act.'* 

"THE  COUNTY  ENGINEER  ACT." 
ACT  1115 — An  act  providing  for  a  county  engineer  for  each  county  in  this  state, 
providing  for  his  appointment,  manner  of  removal,  ctualifications,  compensation  and 
duties;  transferring  to  such  engineer  certain  powers,  functions  and  duties  heretofore 
vested  in  and  performed  by  county  surveyors  and  members  of  the  board  of  super- 
visors; also  authorizing  the  board  of  supervisors  for  each  county  to  purchase  and 
obtain  all  necessary  equipment,  materials  and  instrumentalities  to  carry  out  the 
objects  of  this  act;  to  provide  said  county  engineer  with  an  office  and  necessary 
assistants;  to  provide  for  abolishing  the  oflace  of  county  surveyor  and  for  the  fixing 
and  levying  of  taxes  for  road  purposes. 

History:      Approved  May  27,  1919.     In  effect  July  27,  1919.     Stats. 
1919,  p.  1290. 

Appointment  of  county  engineer. 

^  1.  The  board  of  supervisors  of  any  county  at  their  option  may  appoint,  and  upon 
petition  therefor  signed  by  qualified  electors  of  the  county  equaling  in  number  not  less 
than  twenty-five  per  cent  of  the  total  vote  cast  in  the  county  for  governor  at  the  last 
preceding  election  at  which  a  governor  was  elected,  they  must  appoint  a  competent 
civil  engineer  who  has  had  within  five  years  last  past,  not  less  than  one  year's  actual 
experience  in  practical  road  building  as  county  engineer,  who  shall  be  deemed  an 
employee  and  not  a  county  officer.  The  county  engineer  shall,  under  the  general  direc- 
tion and  supervision  of  the  board  of  supervisors  and  except  as  otherwise  provided 
in  this  act,  have  complete  direction  and  control  over  all  of  the  construction,  improve- 
ment, maintenance  and  repair  of  county  roads,  highways  and  bridges. 

Term. 

^  2.  The  county  engineer  shall  hold  his  employment  for  the  term  of  four  years  from 
the  date  of  his  appointment;  provided,  that  he  may  be  removed  at  any  time  by  the 
board  of  supervisors  for  inefficiency,  neglect  of  duty,  malfeasance  or  misconduct  in 
office,  or  other  good  cause  shown,  upon  written  charges  to  be  filed  with  and  heard  by 
the  board  of  supervisors  and  sustained  by  a  three-fifths  vote  of  said  board  aftor  a 
hearing  as  herein  provided.  Said  board  is  hereby  vested  with  the  power  to  administer 
oaths,  compel  the  attendance  of  witnesses  and  the  production  of  books,  papers  and 
testimony.  A  copy  of  such  charges  shall  be  personally  served  upon  said  county  engi- 
neer and  he  shall  be  given  not  less  than  ten  days'  time  in  which  to  file  a  written  answer 
to  the  charges,  and  if  it  appears  to  the  satisfaction  of  such  board  that  the  charges  have 
been  substantiated,  the  said  board  shall  so  notify  said  county  engineer  by  mail,  and 
such  notice  shall  specifically  state  the  findings  and  judgment  of  said  board,  and  the 
board  of  supervisors  of  such  county  must  thereupon  forthwith  remove  such  county 
engineer  from  office  and  shall  immediately  appoint  his  successor  in  the  manner  pro- 
vided in  section  two  of  this  act.    Prior  to  entering  upon  the  duties  of  his  employment 


1 

I 


4S9  COUNTY   ENGINEER.  Act  1115,  §§  3-5 

the  county  engineer  shall  file  with  the  county  clerk  the  oath  of  office  as  prescribed 
for  the  county  officers  and  a  bond  conditioned  upon  the  faithful  performance  of  his 
duties,  with  sufficient  sureties  approved  by  a  judge  of  the  superior  court,  in  the  sum 
of  five  thousand  dollars. 

Salary, 

§  3.  The  salary  of  the  county  engineer  shall  be  fixed  by  the  board  of  supervisors,  and 
said  salary,  together  with  the  compensation  of  said  engineer's  assistants,  shall  be  paid 
monthly  out  of  the  county  treasury  of  the  county  in  which  he  is  appointed  and  in  the 
same  manner  as  county  officers.  The  county  engineer  shall  also  be  allowed  from  the 
county  treasury  his  actual  traveling  and  other  necessary  expenses  incurred  in  the  per- 
formance of  the  duties  of  his  employment,  and  shall  be  a  charge  against  the  general 
fund.  The  salary  of  the  county  engineer  in  the  several  counties  shall  be  fixed  by  the 
board  of  supervisors  of  said  county;  provided,  however,  that  the  compensation  of 
county  engineer  in  any  county  shall  be  not  less  than  the  compensation  received  by 
the  county  surveyor  of  that  county  at  the  time  said  county  engineer  is  first  appointed. 

Ex  oflcio  road  commissioner. 

^  4.  The  county  engineer  shall  be  ex  officio  road  commissioner  of  and  for  each  and 
every  road  district  of  his  county,  and,  subject  to  the  control  and  supervision  of  the 
board  of  supervisors  as  herein  provided,  shall  have  and  exercise  the  powers  and  duties 
hereinafter  set  forth  and  specified,  and  such  duties  as  may  hereafter  be  provided  by  law. 

Duties. 

§  5.     The  county  engineer  shall : 

(a)  Make,  or  cause  to  be  made,  all  surveys,  maps,  plans,  specifications  and  estimates 
necessary  or  required  for  the  construction,  improvement,  maintenance  and  repair  of 
the  county  roads,  highways  and  bridges,  and  shall,  from  and  after  the  first  Monday  in 
September,  1919,  have  and  exercise  all  the  powers  and  duties,  and  perform  all  the 
functions  which  are  now  by  law  conferred  or  imposed  upon  county  surveyors,  except 
as  herein  othenvise  provided. 

(b)  Examine  and  inspect,  or  cause  to  be  examined  and  inspected,  the  work  performed 
on  such  roads,  highways  and  bridges,  and  report  to  the  board  of  supervisors  whether 
or  not  the  work  has  been  done  in  accordance  with  the  plans  and  specifications  and 
contracts  therefor. 

(c)  Approve  and  certify  to  the  progress  estimates  and  allowances  for  work  performed 
under  all  contracts  for  the  construction,  improvement,  maintenance,  or  repair  of  county 
roads,  highway's  and  bridges. 

(d)  Inspect,  or  cause  to  be  inspected,  all  county  roads,  highways  and  bridges  within 
the  county,  and  keep  such  roads,  highways  and  bridges  clear  from  obstructions,  and 
when  authorized  by  the  board  of  supervisoi's  he  may  employ  all  men,  teams  and  equip- 
ment necessary'  to  keep  such  roads  in  good  repair  when  the  same  is  not  let  by  contract, 
and  report  to  the  board  of  supervisors  with  respect  to  such  inspection  and  such  work 
from  time  to  time  as  said  board  shall  require;  and  certify  to  the  correctness  of  all  pay 
rolls  for  work  done  by  day  labor  or  force  account  on  county  roads,  highways  and  bridges. 

(e)  Have  control  and  management  under  the  general  supervision  of  the  board  of 
supervisors  of  all  county  rock  quarries,  oil  pits  and  depots,  gravel  pits  and  all  mate- 
rials, property,  implements,  instruments,  tools,  machinery  and  other  appurtenances 
necessary  for  the  construction,  improvement,  maintenance  and  repair  of  county  roads, 
highways  and  bridges,  and  shall  be  the  custodian  of  the  plans  therefor. 

(f)  He  may  also  hold  and  perform  the  duties  of  the  office  of  county  surveyor,  but  in 
all  such  cases  no  salary  or  other  compensation  shall  be  jiaid  to  him  as  county  surveyor. 
He  shall  not  be  iutert-oted  either  directly  or  indirectly  in  any  contracts  within  his  juris- 


Art  1115,  §§  6-9  GBNI^RAL   LAWS.  400 

diction,  nor  shall  he  be  interested  in  the  purchase  of  materials,  supplies  or  equipment 
of  any  kind  used  in  connection  with  the  performance  of  his  duties  under  the  provisions 
of  this  act. 

(g)  Prepare  annually  a  budget  showing  in  detail  the  needs  of  the  county  for  con- 
struction, improvement,  maintenance  or  repair  of  county  roads,  highways  and  bridges 
for  the  ensuing  year,  and  submit  the  same  to  the  county  auditor  and  board  of  super- 
visors at  least  sixty  days  prior  to  the  date  of  the  meeting  at  which  the  board  of 
supervisors  is  required  to  fix  the  county  tax  rate  and  levy  the  county  taxes. 

(h)  Make  a  written  report  to  the  board  of  supervisors  at  their  first  regular  meeting 
of  each  month,  and  in  it  he  shall  state  the  amount  and  character  of  work  done,  during 
the  i^receding  month,  the  progress  of  any  contracts  under  waj',  approximate  cost  of  tho 
work  and  matters  pertaining  to  the  public  roads,  highways,  streets  and  bridges  or  othei 
public  works,  which,  in  his  judgment,  should  be  brought  to  their  attention.  This  report 
shall  contain  the  recommendation  of  acceptance  or  rejection  of  any  public  work  com- 
])leted,  and  all  official  announcements  or  statements  which  the  engineer  is  required  to 
make  to  the  board.  The  size  and  form  of  these  reports  shall  be  uniform  and  upon 
blanks  supplied  by  the  state  engineer  and  a  copy  shall  be  filed,  one  in  the  oflfice  of  the 
board  of  supervisors  and  another  in  the  office  of  the  county  engineer. 

(i)  On  or  before  the  first  day  of  July  of  each  year,  file  with  the  board  of  supervisors 
a  complete  report  of  the  work  of  the  preceding  year,  which  report  shall  be  in  the  form 
required  and  contain  the  information  desired  and  requested  by  the  state  engineer  and 
upon  blank  forms  supplied  by  him.  A  copy  of  said  report  shall  also  be  filed  in  the  office 
of  the  board  of  supervisors. 

(j)  Perform  such  other  duties  pertaining  to  the  construction,  improvement,  mainte- 
nance or  repair  of  county  roads,  highways  and  bridges  as  the  board  of  supervisors  may 
prescribe. 

Emplojmient  of  additional  help. 

§  G.  The  board  of  supervisors  shall  provide  by  ordinance  or  resolution  for  the 
employment,  when  necessary,  of  additional  field  and  office  help  by  said  countj'  engineer, 
and  shall  prescribe  the  compensation  to  be  paid  to  all  persons  so  employed,  for  the 
time  during  which  they  may  be  actually  engaged  in  the  service  of  the  county  and  for 
their  actual  necessary  expenses  incuiTed  in  the  performance  of  their  duty. 

Of&ce  accommodations. 

§  7.  The  board  of  supervisors  shall  provide  and  assign  to  the  county  engineer  and 
his  assistants  a  suitable  office  or  offices  in  the  court  house,  or  in  some  place  conveniently 
located  with  reference  thereto  with  all  necessary  instruments,  tools,  implements, 
stationery  and  supplies. 

Requisition  for  supplies. 

$  8.  The  county  engineer  shall  make  requisition  upon  the  board  of  supervisors  for 
the  purchase  of  all  tools,  implements,  machinery,  materials  and  supplies  required  to 
carry  out  the  intent  of  this  act,  and  said  requisition  shall  state  plainly  the  estimated  cost 
of  the  article  or  articles  to  be  purchased.  He  shall  approve  all  claims  for  the  same 
before  such  claims  are  audited  and  passed  by  the  board  of  supervisors.  He  shall  be 
the  custodian  and  be  responsible  for  all  equipment  under  his  control.  All  such  property 
shall  be  stored  and  protected  from  the  weather  when  not  in  use.  An  inventory  of  all 
property  in  his  custody  shall  be  made  annually  and  kept  on  file  in  the  office  of  the 
county  engineer. 

Certificate  of  approval  of  contract  work. 

^  9.  Upon  the  completion  of  work  done  for  the  county  on  its  roads,  highways,  streets, 
bridges  and  aqueducts,  or  in  connection  with  the  same,  the  county  engineer  must  exam- 


i 


4!U  COL'NTY    EXGIXEER.  Act  1115,  §§  10-13 

ine  the  same  and  if  completed  in  accordance  with  the  specifications  thereof,  he  must 
submit  to  the  board  of  supervisors  a  certificate  over  his  signature  and  ofiicial  seal  to 
the  effect  that  such  work  by  the  contractors  thereof  has  been  completed  in  accordance 
with  the  specifications  thereof  and  recommending  its  acceptance.  The  board  shall  there- 
upon audit  the  same  and  direct  its  payment  out  of  the  proper  fund  or  funds. 

Purchase  of  material  from  state. 

§  10.  Whenever  the  state  department  of  engineering  has  authority  to  sell  equipment, 
materials  or  supplies  for  road  building,  repairs  or  maintenance  and  a  saving  may  be 
made  to  a  county  by  purchasing  from  said  department,  the  board  of  supervisors  upon 
the  recommendation  of  the  county  engineer  may  purchase  such  equipment,  materials  or 
supplies  from  the  state. 

County  surveyor  replaced  by  county  engineer. 

§  11.  The  office  of  county  surveyor  of  any  county  shall  be  and  is  hereby  abolished 
upon  the  occurrence  of  any  of  the  following  conditions : 

fa)  Upon  the  appointment  as  county  engineer  of  the  person  who  holds  the  oflBce  of 
county  surveyor  at  the  time  such  appointment  is  made  and  the  acceptance  of  such 
appointment  by  the  county  surveyor;  or 

(b)  In  other  cases,  upon  the  expiration  of  the  term  of  the  person  who  holds  the  office 
of  county  surveyor  at  the  time  the  appointment  of  county  engineer  is  made;  provided, 
that  if  such  appointment  is  made  within  six  months  of  the  expiration  of  the  then  cur- 
rent term  of  county  surveyor,  the  office  of  surveyor  in  such  county  shall  be  and  is 
hereby  abolished  upon  the  expiration  of  the  next  succeeding  term. 

Does  not  limit  powers  of  supervisors. 

^  12.  Nothing  herein  contained  shall  be  held,  deemed  or  construed  to  prevent 
members  of  boards  of  supervisors  from  visiting  and  inspecting  work  in  progress  within 
the  county  or  from  receiving  for  such  services  the  mileage  now  allowed  by  law. 

Title. 

^  13.  This  act  shall  be  known  as  and  when  cited  or  amended  may  be  designated  as 
"the  county  engineer  act." 

COUNTY  GOVERNMENT. 
See  Kerr's  Cyc.  Political  Code,  U  4000,  et  seq. 

COUNTY  WATER  DISTRICTS. 
See  tit.  "Water  Districts." 

COUNTY  WATER  WORKS  DISTRICTS. 
See  tit.  "Water  Districts." 


I 


A-cts  1128-1130  GENKRAL  LAWS.  4»2 

CHAPTER  79. 

COURTS. 

References:   Attorneys,  admission  of,  see  Keir's  Cyc.  Code  Civil  Procedure,  §§  276,  et  seq. 

City  court,  see  tit.  "Mayors." 

District  Court  of  Appeals,  see  tit.  "District  Court  of  Appeals." 

District  Court  of  Appeals,  officers  and  reporters  of,  see  Kerr's  Cyc.  Political  Code, 
§§758,  759. 

Industrial  Accident  Commission,  see  tits.  "Industrial  Accident  Commission";  "Mas- 
ter and  Servant." 

Judges  of  courts  and  justices  of  the  peace,  see  Kerr's  Cyc.  Political  Code  and  Kerr's 
Cyc.  Code  Civil  Procedure,  particular  title. 

Justices  courts,  jurisdiction  of,  see  Kerr's  Cyc.  Code  Civil  Procedure,  §  103. 

Justices  courts,  see  tit.  "Municipal  Corporations,"  Act  3094. 

Juvenile  court,  see  tits.  "Juvenile  Court  Law";  "Preston  School  of  Industry"; 
"Whittier  State  School." 

Juvenile  court,  jurisdiction  of  charge  of  "failure  to  provide  for  minor  child,"  see 
Kerr's  Cyc.  Penal  Code,  §  270. 

Military  court,  see  tit.  "National  Guard." 

Police  court,  see  tits.  "Municipal  Corporations,"  Act  3094;  "Police  Courts." 

Railroad  Commission,  see  tit.  "Public  Utilities." 

Restoration  of  records,  see  tit.  "Burnt  and  Destroyed  Records." 

Superior  court,  see  appropriate  title,  Kerr's  Cyc.  Code  Civil  Procedure. 

Superior  court  of  particular  county,  see  particular  title. 

Supreme  court,  particular  subject,  see  particular  title,  Kerr's  Cyc.  Code  Civil  Pro- 
cedure. 

Supreme  Court,  review  of  decisions  of  Railroad  Commission,  see  tit.  "Public 
Utilities." 

CONTENTS  OF  CHAPTER. 
ACT  1128."    Transfer  of  Records  From  Old  to  New  Courts. 

1129.  Appointment  of  Secretary  of  Superior  Courts  in  Counties  and  Cities  and 

Counties  op  200,000  Inhabitants. 

1130.  Confer  District,  County  and  Probate  .Jurisdiction  on  Superior  Court. 

TRANSFER  OF  RECORDS. 
ACT  1128 — An  act  to  transfer  records,  etc.,  from  the  courts  existing  prior  to  1879. 
History:      Approved   February    4,    1880,    Stats.    1880,   p.    2 

This  act  provided  for   the   transfer  of  the  criminal  court,  and  this  act  was  not  neces- 

court  records  from  the  courts  existing-  prior  sary    to    confer  jurisdiction    of   such    a   case 

to    the    constitution     of    1879     to    the    new  pending   prior    to    the    going    into    effect    of 

courts  created  by  that  instrument.  the    constitution    and    undisposed   of    in    the 

Jurisdiction  of  superior  court. — Section   5,  municipal    criminal    court. — Ex    parte    Wil- 

article  VI,  of  the  constitution  vested  juris-  liams,    87   Cal.    78,    24    Pac.    602.    25    Pac.    248.  " 

diction    in    all    felony   cases    theretofore    ex-  See,  also,   Shay   v.  Superior  Court,   57   Cal. 

ercised     by     the     San     Francisco     municipal  542;  Smith  v.  Hill,  89  Cal.  122,  26  Pac.  644. 

APPOINTMENT  OF  SECRETARY. 

ACT  1129 — An  act  authorizing  judges  of  superior  court  in  counties,  and  cities  and 

counties,  having  a  population  of  two  hundred  thousand  or  over,  to  appoint  a  secretary. 

History:      Approved   March  26,   1895,    Stats.   1895,   p.   98.     Amended 
April  16,  1909,  Stats.  1909,  p.  940. 

The     amendment     applied     to     cities     and  Jury  commission,  salary  of  secretary  as. — 

counties  and  counties  of  300,000   population       See  Kerr's  Cyc.  Code  Civil  Procedure,  §  204e. 
and  fixed  the  salary  at  $250  per  month. 

SUPERIOR  COURT  JURISDICTION. 
ACT  1130 — An  act  to  confer  upon  the  superior  court  of  each  county  powers  heretofore 
possessed  by  the  district,  county  and  probate  court. 

History:      Approved  April  3,   1880,   Stats.   1880,  p.  23. 

As  to  the  effect  and  necessity  of  this  and        Pac.   602,  25   Pac.  248;  Smith  v.  Hill,   89  Cal. 

similar    acts. — Shay    v.    Superior    Court,    57        122,  26  Pac.  644. 
Cal.   542;   Ex  parte   Williams,    87   Cal.    78,    21 

COVINA. 

See  Act  3004,  note. 


40-j  CRESCENT   CITY.  Acts  1146-1155,  §§  1,  2 

CHAPTER  80. 

CRESCENT  CITY. 

References:   Incorporation,  see  Act.  3094,  note. 

CONTENTS  OF  CHAPTER. 

ACT  1146.    AuTHOKiziNG  Location  of  Townsitb. 
1147.     Ceding  Tide  Lands. 

LOCATION  OF  TOWNSITE. 

ACT  1146 — An  act  to  authorize  the  location  of  the  townsite  of  Crescent  City. 
History:     Approved  February  12,  1859,  Stats.  1859,  p.  24.     Amended 
April  10,  1862,  Stats.  1862,  p.  226;   supplemented  April  27,  1860,  Stats. 
1860,  p.  278. 

TIDE  LAND  GRANT. 

ACT  1147 — An  act  to  cede  certain  property  to  the  town  of  Crescent  City. 

History:  Approved  March  20,  1868,  Stats.  1867-68,  p.  335.  Amended 
March  4,  1870,  Stats.  1869-70,  p.  131. 

CHAPTER  81. 

CRIMINAL  IDENTIFICATION. 
References:   Convicts,   photographs    and   marks    of   identification,   duty   of   wardens   of 
state  prisons  to  furnish,  see  tit.  "Convicts." 

CONTENTS  OF  CHAPTER. 
ACT  1155.     Bureau  of  Criminal  Identification  Created. 

BUREAU  OF  CRIMINAL  IDENTIFICATION. 
ACT  1155 — An  act  creating  a  state  hureau  of  criminal  identification  and  investigation, 
providing  for  its  organization  and  defining  its  powers  and  duties  and  making  an 
appropriation  to  carry  out  the  provisions  hereof,  and  repealing  an  act  entitled  "An 
act  to  create  a  state  hureau  of  criminal  identification,  and  providing  for  the  appoint- 
ment of  a  director  of  said  hureau,  defining  his  duties  and  qualifications  and  powers; 
providing  for  the  appointment  of  a  clerk  of  said  hureau  and  fixing  his  qualifications; 
fixing  compensation  of  said  director  and  clerk,  providing  for  the  manner  of  pajring 
the  same  and  providing  for  the  expense  of  conducting  the  office,"  approved  March  20, 
1905. 

History:  Approved  May  31,  1917.  In  effect  July  30,  1917.  Stats. 
1917,  p.  1391.  Prior  act  approved  March  20,  1905,  Stats.  1905,  p.  520, 
repealed  by  present  act.  A  supplementary  act,  approved  May  27, 
1919,  Stats.  1919,  p.  1213,  appropriated  $37,700  to  carry  out  the  pur- 
poses of  the  act. 

Bureau  of  criminal  investigation  and  identification. 

$  1.  There  is  hereby  created  a  state  bureau  of  criminal  identification  and  inves- 
tigation. 

Term  of  members. 

§  2.  Within  ten  days  after  this  act  goes  into  effect,  it  will  be  the  duty  of  the 
governor  to  appoint  a  board  of  managers  of  said  bureau,  consisting  of  three  members; 
one  of  whom  shall  be  a  chief  of  police  of  an  incorporated  city  within  the  state  of  Cali- 
fornia, and  one  to  be  a  duly  elected,  qualified  and  acting  sheriff  of  a  county  within  said 
state,  and  one  to  be  a  duly  elected,  qualified  and  acting  district  attorney  of  a  county 
within  said  state;  one  member  of  said  board  shall  be  appointed  to  hold  office  for  the 
term  of  two  years,  one  member  shall  be  appointed  to  hold  office  for  the  term  of  three 
years,  and  one  member  to  be  appointed  to  hold  office  for  the  term  of  four  years,  and 
thereafter,  all  appointments  shall  be  for  the  full  term  of  four  years;  provided,  however, 


Act  1155,  §§  3-6  GENERAL   LAWS.  494 

that  should  the  term  of  any  such  member  of  the  said  board  expire  as  such  chief  of 
police,  or  such  sheriff,  or  such  district  attorney,  he  shall  cease  to  be  a  member  of  the 
said  board;  and  provided,  further,  that  the  governor  shall  fill  all  vacancies  created  in 
said  board  by  the  appointment  of  the  same  kind  of  an  officer  as  was  his  predecessor. 

Duties  of  board  of  managers.     Superintendent. 

i5i  3.  It  shall  be  the  dutj'  of  said  board  of  managers  within  ten  days  after  its  appoint- 
ment to  take  absolute  control  and  management  of  said  bureau,  to  meet  and  organize  by 
choosing  one  of  their  number  to  be  president,  to  make  and  adopt  such  rules  as  are 
necessary  for  proper  conduct  of  their  business  as  such  board  of  managers,  to  provide 
for  the  appointment  of  a  superintendent  and  such  other  employees  as  may  be  required ; 
said  appointments  to  be  made  by  the  said  board  of  managers  from  an  eligible  list  pro- 
vided for  such  purpose  by  the  civil  service  commission;  also  to  provide  equipment  for 
said  bureau,  with  necessary  furniture,  fixtures,  apparatus,  appurtenances,  appliances 
and  materials  as  are  necessary  for  the  collection,  filing  and  preservation  of  all  criminal 
records  both  as  to  identification  and  investigation  of  criminals,  and  stolen,  lost,  found, 
pledged  or  pawned  property. 

Photos,  etc.,  of  criminals. 

§  4.  It  shall  be  the  duty  of  said  board  of  managers  to  procure  and  file  for  record 
and  report  in  their  office,  as  far  as  such  can  be  procured,  all  plates,  photos,  outline 
pictures,  descriptions,  information  and  measurements  of  all  persons  who  have  been  or 
shall  hereafter  be  convicted  of  felony,  or  imprisoned  for  violating  any  of  the  military, 
naval,  or  criminal  laws  of  the  United  States  of  America,  and  of  all  well-known  and 
habitual  criminals  from  wherever  procurable. 

Information  furnished. 

$  5.  It  shall  be  the  duty  of  said  board  of  managers  to  file  or  cause  to  be  filed  all 
plates,  photographs,  outline  pictures,  measurements,  information  and  description  which 
shall  be  received  by  it  by  virtue  of  its  office  and  it  shall  make  a  complete  and  systematic 
record  and  index  of  the  same,  providing  thereby  a  method  of  convenience,  consultation 
and  comparison.  It  shall  be  the  duty  of  said  board  of  managers  to  furnish,  upon 
application,  all  information  pertaining  to  the  identification  of  any  person,  or  persons, 
a  plate,  photograph,  outline  picture,  description,  measurement,  or  any  data  of  which 
person  there  is  a  record  in  its  office.  Such  information  shall  be  furnished  to  the  United 
States  officers  or  officers  of  other  states  or  territories,  or  possession  of  the  United  States 
or  peace  officers  of  other  countries  duly  authorized  to  receive  the  same,  and  all  peace 
officers  of  the  state  of  California,  which  application  shall  be  in  writing  and  accom- 
panied by  a  certificate  signed  by  the  officer  making  such  application,  stating  that  the 
information  applied  for  is  necessary  in  the  interest  of  the  due  administration  of  the 
laws,  and  not  for  the  purpose  of  assisting  a  private  citizen  in  carrying  on  his  personal 
interests  or  in  maliciously,  or  uselessly,  harassing,  degrading  or  humiliating  any  person 
or  persons. 

Systems  of  identification. 

^  6.  In  this  bureau  may  be  used  the  following  systems  of  identification :  the  Bertil- 
lon,  the  finger  print  system  and  any  system  of  measurement  that  may  be  adopted  by 
law  in  the  various  penal  institutions  of  the  state.  It  shall  be  the  duty  of  said  board 
of  managers  to  keep  on  file  in  its  office  a  record  consisting  of  duplicates  of  all  measure- 
ments, processes,  operations,  signaletic  cards,  plates,  photographs,  outline  pictures, 
measurements  and  descriptions  of  all  persons  confined  in  penal  institutions  of  this  state 
as  far  as  possible,  in  accordance  with  whatever  system  or  systems  may  be  in  vogue 
in  this  state. 


1 


4!>3  CRIMINAL,   IDENTIFICATION.  Act  1155,  gg  7-ia 

Offices. 

$  7.  Suitable  offices  for  the  proper  conduct  of  the  bureati  shall  be  provided  for  by 
the  superintendent  of  capitol  buildings  and  grounds. 

Daily  copies  of  finger  prints.    Daily  reports  of  property  stolen,  etc. 

§  8.  It  is  hereby  made  the  duty  of  the  sheriffs  of  the  several  counties  of  the  state  of 
California,  the  chiefs  of  police  of  incorporated  cities  therein  and  marshals  of  incorpo- 
rated cities  and  towns  therein  to  furnish  to  the  said  bureau  daily  copies  of  finger  prints 
on  standardized  eight  by  eight  inch  cards,  and  descriptions  of  all  such  persons  arrested 
who  in  the  best  judgment  of  such  sheriffs,  chiefs  of  police,  or  city  marshals  are  persons 
wanted  for  serious  crimes,  or  are  fugitives  from  justice,  or  of  all  such  persons  in  whose 
possession  at  the  time  of  arrest  are  found  goods  or  property  reasonably  believed  by 
such  sheriffs,  chiefs  of  police  or  city  marshals  to  have  been  stolen  by  them;  or  of 
all  such  persons  in  whose  possession  are  found  burglar  outfits  or  burglar  tools  or  burglar 
keys  or  who  have  in  their  possession  high  power  explosives  reasonably  believed  to  be 
used  for  unlawful  purposes  or  who  are  in  possession  of  infernal  machines,  bombs  or 
other  contrivances  in  whole  or  in  part  and  reasonably  believed  by  said  sheriffs,  chiefs 
of  police  and  city  marshals  to  be  used  for  unlawful  purposes,  or  of  all  persons  who 
carry  concealed  firearms  or  other  deadly  weapons  and  reasonably  believed  to  be  car- 
ried for  unlawful  purposes,  or  who  have  in  their  possession  inks,  dye,  paper  or  other 
articles  necessary  in  the  making  of  counterfeit  bank  notes,  or  in  the  alteration  of  bank 
notes;  or  dies,  molds  or  other  articles  necessary  in  the  making  of  counterfeit  money, 
and  reasonably  believed  to  be  used  by  them  for  such  unlawful  purposes.  This  section 
is  by  no  means  intended  to  include  violators  of  city  or  county  ordinances  or  of  persons 
arrested  for  other  trifling  offenses.  It  is  further  made  the  duty  of  the  aforesaid 
sheriffs,  chiefs  of  police  or  city  marshals  to  furnish  said  bureau  daily  reports  of  lost, 
stolen,  found,  pledged  or  pawned  property  received  into  their  respective  offices. 

Record  of  reports. 

$  9.  In  order  to  assist  in  the  recovery  of  said  property  and  in  the  arrest  and  prose- 
cution of  criminals,  it  is  hereby  made  the  duty  of  the  said  board  of  managers  of  said 
bureau  to  keep  a  complete  record  of  all  reports  filed  with  the  said  bureau,  of  all  per- 
sonal property  stolen,  lost,  found,  pledged,  or  pawned  in  any  city  or  county  of  this  state. 

File  cards. 

§  10.  To  provide  for  the  installation  of  a  proper  system,  and  file,  and  cause  to  be 
filed  therein  cards  containing  an  outline  of  the  method  of  operation  employed  by 
criminals  in  the  commission  of  crime. 

Salaries. 

§11.  The  board  of  managers  of  this  bureau  shall  serve  without  compensation; 
provided,  however,  that  they  shall  receive  their  necessary  traveling  expenses  while 
attending  meetings  of  said  board.  The  superintendent  shall  receive  a  salary  of  two 
thousand  four  hundred  dollars  per  annum;  the  salaries  of  the  other  employees  shall  be 
fixed  by  the  board  of  managers,  subject  to  the  approval  of  the  board  of  control.  The 
superintendent  and  the  other  employees  shall  be  paid  in  the  same  manner  and  out  of 
the  same  fund  as  the  state  officers  are  paid. 

Appropriation. 

§  12.  There  is  hereby  appropriated  out  of  any  money  in  the  state  treasury,  not 
otherwise  appropriated,  the  sum  of  thirty-six  thousand  dollars,  or  so  much  thereof  as 
may  be  necessary,  to  be  used  by  said  board  of  managers  in  furnishing,  equipping  and 
maintaining  the  said  bureau  in  accordance  with  the  provisions  of  this  act,  and  for  the 
payment  of  the  salaries  herein  provided  for,  for  the  fiscal  year  ending  June  thirtieth, 


Act  1162,  6 1  GENKRAIi  LAWS.  406 

one  thousand  nine  hundred  eighteen,  and  the  fiscal  year  ending  June  thirtieth,  one 
thousand  nine  hundred  nineteen. 

$  13.  The  state  controller  is  hereby  directed  to  draw  warrants  in  favor  of  the  said 
board  of  managers  at  such  times  and  such  amounts  as  shall  be  approved  by  the  state 
board  of  control,  and  the  state  treasurer  is  hereby  directed  to  pay  the  same. 

$  14.  All  furniture,  equipment  and  records  now  on  file  and  in  use  in  the  office  of 
the  "bureau  of  criminal  identification  of  the  state  of  California,"  shall  become  a  part 
of  the  furniture,  equipment  and  records  of  the  "state  bureau  of  criminal  identification 
and  investigation,"  immediately  upon  the  organization  of  the  board  of  managers  as 
provided  for  in  this  act. 

Stats.  1905,  p.  520,  repealed. 

$15.  An  act  entitled,  "An  act  to  create  a  state  bureau  of  criminal  identification, 
and  providing  for  the  appointment  of  a  director  of  said  bureau,  defining  his  duties  and 
qualifications  and  powers;  providing  for  the  appointment  of  a  clerk  of  said  bureau 
and  fixing  his  qualifications;  fixing  compensation  of  said  director  and  clerk,  providing 
for  the  manner  of  paying  the  same  and  providing  for  the  expense  of  conducting  the 
office ' ' ;  approved  March  20, 1905,  is  hereby  repealed  and  all  other  acts  and  parts  of  acts 
in  conflict  herewith  are  hereby  repealed. 

Codified. — Code  commissioners  say  the  repealed  act  was  codified  by  $§  1572,  et  seq..  Penal 
Code,  as  adopted  in  1907. 


CHAPTER  82. 

CRUELTY  TO  ANIMALS. 

References:   Cruelty  to  animals,  see  Kerr's  Cyc.  Penal  Code,  §§  597,  et  seq. 

Societies  for  the  prevention  of  cruelty  to  animals,  see  Kerr's  Cyc.  Civil  Code,  §§  607, 
et  seq. 

As  to  what  constitutes  cruelty  to  animals,  see  note  47  Am.  Rep.  310. 

Dogs  within  act  prohibiting  cruelty. — See  39  L.  R.  A.  709» 

Ordinance  to  prevent,  under  power  to  prohibit  nuisance. — See  39  L.  R.  A.  520. 

Shooting  doves  from  traps. — See  33  L.  R.  A.  836. 

Shooting  pigeons  at  matches. — See  11  L.  R.  A.  522. 
Editor's  Note:  An  act  for  the  more  effectual  prevention  of  cruelty  to  animals  was 
approved  March  30,  1868  (Stats.  1867-68,  p.  604).  This  act  was  amended  March  15,  1872 
(Stats.  1871-72,  p.  393).  It  was  repealed  by  a  later  act  approved  March  20,  1874  (Stats. 
1873-74,  p.  499).  This  later  act  was  amended  March  14,  1901  (Stats.  1901,  p.  285); 
March  2,  1903  (Stats.  1903,  p.  69);  March  20,  1905  (Stats.  1905,  p.  498).  These  acts 
provided  for  the  formation  and  management  of  societies  for  the  prevention  of  cruelty 
to  animals,  and  the  procedure  for  the  prosecution  and  punishment  thereof.  They  were 
continued  in  force  by  the  codes.  See  Kerr's  Cyc.  Penal  Code,  §  23,  subd.  8;  Kerr's  Cyc. 
Political  Code,  §  19,  subd.  8.  The  code  commissioners  say  of  these  acts,  in  substance, 
that  they  were  codified,  or  superseded,  where  not  codified,  by  the  sections  of  the  Civil 
Code  and  Penal  Code  relating  to  the  subject.    See  supra,  References. 

CONTENTS  OF  CHAPTER. 
ACT  1162.      Use  of  Bristle  Bub,  Tack  Bur,  Etc.,  Prohibited. 

USE  OF  BRISTLE  BUR,  ETC.,  PROHIBITED. 
ACT  1162 — An  act  to  prohibit  the  use  of  the  bristle  bur,  tack  bur,  or  other  like  devices 
on  horses  or  other  animals  in  this  state. 

History:     Approved  March  13,  1903,  Stats.  1903,  p.  139. 

Bristle  bur,  tack  bur,  etc.,  on  horses  prohibited. 

§  1.  It  shall  be  unlawful  hereafter  in  this  state  for  any  one,  owner,  driver  or  other 
person,  having  the  care,  custody  or  control  of  any  horse  or  other  animal,  to  use  what 
is  known  as  the  bristle  bur,  tack  bur,  or  other  like  device,  by  whatsoever  name  known 
or  designated,  on  any  said  horse  or  other  animal  for  any  purpose  whatsoever. 


497 


DAIRIES.  Act  1166,  s 


Penalty. 

$  2.  A  violation  of  the  provisions  of  this  act  shall  be  deemed  a  misdemeanor  and 
any  one  found  guilty  thereof  shall  be  punished  by  a  fine  of  not  less  than  twenty-five 
dollars  nor  more  than  two  hundred  and  fifty  dollars,  or  by  imprisonment  in  the  county 
jail  not  less  than  ten  nor  more  than  one  hundred  and  seventy-five  days,  or  may  be 
punished  by  both  such  fine  and  imprisonment. 

Repeal  of  conflicting  acts. 

$  3.  AH  acts  and  parts  of  acts  in  conflict  with  the  provisions  of  this  act  are  hereby 
repealed. 

$  4.    This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

CRUELTY  TO  CHILDREN. 

See  tit.  "Infants." 

CULVER  CITY. 

See  Act  3094,  note. 


CHAPTER  83. 

DAIRIES. 

References:    Adulteration  in  dairy  products,  see  tit.  "Adulteration." 
Butter,  see  tit.  "Butter." 
CPieese,  see  tits.  "Butter";  "Cheese." 
Dairy  Bureau,  see,  ante,  Act  621. 

Dairy  regulation  by  boards  of  health,  see  tit.  "Public  Health.** 

Director  of  agriculture,  successor  to   Dairy   Bureau,  see  tit.  "Agriculture,"  Act.  96. 
Enforcement  of  the  law  as  to  false  tests  for  dairy  products,  see  Kerr's  Cyc.  Pen. 
Code,  §  381b. 

CONTENTS  OF  CHAPTER. 

ACT  1166.    Dairy  Sanitation  and  Inspection  Act  of  1905. 

1167.  Dairy  Sanitation  and  Inspection  Act  of  1911. 

1168.  Standard  for  Condensed  and  Evaporated  Milk. 
1168a.  Use  of  Chemicals  to  Prevent  Fermentation. 

1169.  Production  of  Certified  Milk. 

1171.  Dairy  Inspection  Act  of  1917. 

1172.  Imitation  Milk. 

DAIRY  SANITATION  AND  INSPECTION  ACT  OF  1905. 
ACT  1166 — An  act  to  prevent  the  sale  of  dairy  products  from  unhealthy  animals  and 
produced  under  unsanitary  conditions;  to  provide  for  the  inspection  of  dairy  stock, 
dairies,  factories  for  the  production  of  dairy  products  and  places  where  dairy  prod- 
ucts are  handled  and  sold;  to  improve  the  quality  of  dairy  products  of  the  state;  to 
prevent  deception  in  the  sale  of  dairy  products  and  to  appropriate  money  for 
enforcing  its  provisions. 

History:  Approved  March  20,  1905,  Stats.  1905,  p.  462.  Former  act 
of  March  22,  1899,  Stats.  1899,  p.  171,  repealed  by  present  act.  Largely 
superseded  by  later  act,  see,  post.  Act  1167. 

Dairy  products,  sale  of.    Sanitary  condition  of  creamery,  store  or  depot.    Cows  affected 

by  disease. 

§  1.  No  person  or  persons,  firms  or  corporations,  by  themselves  or  their  agents  or 
employees,  shall  sell,  expose  for  sale  or  offer  for  sale,  or  exchange,  present  or  deliver  to 
any  creamery,  cheese  factory,  milk  condensing  factory,  or  any  other  buyer  or  consumer, 
any  unclean,  unwholesome,  stale,  impure  milk,  cream,  butter,  condensed  or  evaporated 
milk  or  other  article  produced  from  such  milk  or  cream.     Neither  shall  any  person  or 

Gen   Laws — 32 


Act  1166,  §§  2, 3  GENE:raL,   LAWS.  49S 

persons,  firms  or  eori-)orations,  by  themselves  or  their  agents  or  employees,  sell,  expose 
for  sale,  or  offer  for  sale,  ot  exchange,  present  or  deliver  to  any  consumer,  creamery, 
cheese  factory,  milk  condensing  factory,  or  any  other  buyer  or  consumer,  any  milk, 
cream,  butter,  cheese,  condensed  milk  or  other  products  manufactured  therefrom,  which 
has  been  produced  in  or  by  a  dairy,  or  factory  of  dairy  products,  or  that  is,  or  has  been, 
handled  in  any  store  or  depot  that  is  in  an  unsanitary  condition,  or  that  is  produced 
from  cows  affected  by  any  disease  or  from  cows  within  five  days  after  or  fifteen  days 
preceding  parturition. 

Dairy  deemed  unsanitary,  when. 

^2.  A  dairy  shall  be  deemed  unsanitary  under  the  meaning  of  this  act  when,  among 
other  causes  that  render  milk,  or  products  made  therefrom,  unclean,  unwholesome, 
impure  and  unhealthy, 

(b)  If  the  drinking  water  is  stagnant,  polluted  with  manure,  urine,  drainage,  decay- 
ing vegetable  or  animal  matter. 

(c)  If  the  yards  or  inclosures  are  filthy  or  unsanitary,  or  if  any  part  of  such  yards 
or  inclosures,  other  than  pastures,  are  made  the  depositories  of  manure  in  heaps  or 
otherwise  where  it  is  allowed  to  ferment  and  decay. 

If  the  walls  become  soiled  with  manure,  urine  or  other  filth. 

(g)  If  to  the  interior  of  cattle  stables,  barns  or  milking  sheds  an  application  of  lime 
whitewash  is  not  made  at  least  once  in  two  years,  or  if  the  mangers,  or  other  receptacles 
from  which  cows  are  fed,  decaying  food  or  other  material  is  allowed  to  accumulate. 

(i)  If  the  pails,  cans,  bottles  or  other  containers  of  milk,  or  its  products,  strainers, 
coolers  or  other  utensils  coming  in  contact  with  milk  or  its  products  are  not  sterilized 
by  boiling  water  or  superheated  steam  each  and  every  time  the  same  are  used. 

(j)  If  the  person  wearing  apparel  of  the  dairyman,  his  employees,  or  other«persons. 
who  come  in  contact  with  milk  and  its  products  are  soiled  or  not  washed  from  time 
to  time. 

Creamery  deemed  unsanitary,  when. 

§  3.  A  creamery  or  any  factory  of  dairy  products  or  any  store,  depot  or  other  place 
where  milk  is  handled  or  kept  for  sale  shall  be  deemed  unsanitary  under  the  meaning 
of  this  act  when,  among  other  causes  that  render  milk,  or  products  made  therefrom, 
unclean,  unwholesome,  impure,  stale  or  of  low  grade  or  inferior  quality. 

(a)  If  milk  or  cream  is  received  that  has  reached  an  advanced  stage  of  fermentation, 
or  that  shows  a  state  of  putrefactive  fermentation,  or  if  it  is  received  in  cans  or  other 
containers  that  have  not  been  sterilized  by  means  of  boiling  water  or  superheated  steam 
after  each  delivery. 

(b)  If  the  utensils  and  apparatus  that  comes  in  contact  with  milk  or  its  products  in 
process  of  manufacture  are  not  thoroughly  washed  and  sterilized  by  means  of  boiling 
water  or  superheated  steam. 

(c)  If  the  floor  is  so  constructed  that  permits  the  flowing  or  soaking  of  water,  milk 
or  other  liquids  underneath  or  among  the  interstices  of  such  floor  where  fermentation 
and  decay  may  take  place,  or  if  such  floor  may  not  be  readily  kept  free  from  dirt. 

(d)  If  drains  are  not  provided  that  will  convey  refuse  milk,  water  and  sewage  at 
least  fifty  yards  from  such  creamery  or  factory  of  dairy  products,  or  if  any  cesspool, 
privy  vault,  hog-j^ard,  slaughter-house,  manure  or  any  decaying  vegetables  or  animal 
matter  shall  be  within  a  distance  that  will  permit  foul  odors  from  reaching  any  cream- 
ery or  other  factory  of  dairy  products  or  store  or  depot  where  milk  or  its  products  is 
sold  or  handled. 

(e)  If  such  creamery  or  factory  of  dairy  products  does  not  permit  access  of  light 
and  air  sufficient  to  secure  good  ventilation. 

(f)  If  any  building  or  buildings  used  in  connection  with  any  creamery,  or  factory  of 


409  DAIRIICS.  Act  1166.  §§  4-7 

dairy  products,  any  insects  or  other  species  of  animal  life  are  permitted,  or  if  upon  the 
floor,  the  sides  and  walls  any  milk  or  its  products,  or  if  any  other  lilth  is  allowed  to 
accumulate  and  ferment  and  decay,  or  if  the  bodies  or  wearing  apparel  of  persons 
employed,  or  coming  in  contact  with  any  milk  or  its  products  in  any  creamery,  or 
factory  of  any  dairy  products,  shall  be  unclean  and  not  washed  from  time  to  time. 

Preparations,  what  may  and  what  may  not  be  used.     Harmless  coloring. 

$  4.  No  person  or  persons,  firms  or  corporations,  by  themselves  or  their  agents  oi 
employees,  shall  sell,  expose  for  sale,  or  exchange,  present  or  deliver  to  any  creamery, 
cheese  factor*}',  milk  condensing  factory,  ice-cream  producer,  or  any  other  buyer,  or 
consumer,  any  milk,  or  any  product  manufactured  or  prepared  therefrom,  to  which  any 
compound  containing  salicylic  acid,  formaldehyde,  coloring  matter  or  any  other  chemi- 
cal or  preparation  other  than  common  salt,  or  sodium  chloride,  shall  have  been  added 
with  intent  to  prevent  fermentation,  or  to  change  the  color  (in  case  of  milk  and  cream) ; 
provided,  that  such  person  or  persons,  firms  or  corporations  or  their  agents  or  employees 
may  use  preparations  of  boron  to  prevent  fermentation  in  milk  or  its  products,  but 
whenever  any  preparation  of  box'on  is  used  for  such  purpose,  each  and  every  package 
or  container  of  milk  or  its  products  shall  have  plainly  marked  thereon,  the  fact  that 
it  contains  such  preparation  of  boron. 

Neither  shall  any  gelatine,  or  other  substance,  be  added  to  milk  or  cream  with  intent 
to  increase  its  viscosity  or  otherwise  cause  it  to  appear  better  in  quality  than  it  is, 
exeeiDt  each  and  every  package  and  container  of  such  milk  or  cream  shall  have  marked 
thereon  in  a  manner,  or  be  accompanied  by  a  statement,  to  be  prescribed  by  the  state 
dairy  bureau,  showing  the  nature  of  the  substance  added;  provided,  that  this  section 
shall  not  be  construed  to  prevent  the  use  of  harmless  coloring  matter  in  butter,  ice- 
cream or  confectionery  into  which  milk  or  its  products  enter. 

Packages  of  butter  marked  with  the  word  pasteurize. 

^  5.  No  person  or  persons,  firms  or  corporations,  by  themselves  or  their  agents  or 
employees,  shall  manufacture  for  sale,  offer  for  sale,  expose  for  sale,  or  have  in  his 
or  their  possession  for  sale,  any  package  of  butter  upon  which,  or  upon  the  wrapper 
or  container  of  which,  there  shall  be  printed,  or  otherwise  marked,  the  word  pasteurize 
or  any  of  its  derivatives  unless  in  the  process  of  the  manufacture  of  the  butter  con- 
tained therein  either  the  milk  or  cream  from  which  the  same  was  made  shall  have  been 
exposed  to  a  temperature  exceeding  one  hundred  and  fifty  degrees  Fahrenheit. 

Designs  of  producer  of  butter  to  appear  on  wrapper. 

§  6.  In  case  any  butter  is  sold  or  offered  for  sale  in  a  package  or  wrapper  purporting 
to  designate  the  producer  of  such  butter,  such  producer  must  be  correctly  designated; 
and  if  under  a  label  purporting  or  calculated  to  designate  the  place  of  production, 
specifying  county  and  state,  must  be  correctly  designated.  No  person,  firm  or  corpo- 
ration shall  put  up  in  package  or  wrapper  or  otherwise  prepare  for  shipment  or  sale 
any  butter  under  label  purporting  to  designate  the  producer  or  place  of  production, 
except  in  accordance  with  the  provisions  herein;  nor  shall  any  person  sell  or  offer  for 
sale  any  butter  in  a  package  or  wrapper  purporting  to  designate  the  name  of  the  pro- 
ducer or  the  place  of  production  except  in  accordance  with  the  provisions  herein. 

Dairy  bureau,  duty  of.    Officers,  qualification,  duties,  compensation.    Unsanitary  condi- 
tions, duties  and  powers. 

§  7.  It  shall  be  the  duty  of  the  state  dairy  bureau,  now  existing  under  the  laws  of 
this  state,  to  carry  out  and  enforce  the  provisions  of  this  act,  and  it  is  authorized  and 
directed  under  this  act  out  of  the  money  appropriated  as  provided  herein,  to  employ 
such  assistant  agents  as  inspectors  as  it  may  deem  necessary  and  to  fix  therein  compen- 
sation not  to  exceed  $4  per  day,  exclusive  of  their  necessary  and  actual  expenses,  such 


Act  1166.  gg  S-10  GENERAL   LAW'S.  600 

expenses  to  be  itemized  and  rendered  under  oath,  or  $100  per  monlli  exclusive  of  thH** 
necessary  and  actual  expenses.  Such  agents  shall  have  had  experience  in  the  manu- 
facture of  dairy  products  and  the  handling  of  daii-y  cattle.  In  carrying  out  the  pro- 
visions of  this  act  the  secretary  and  agent  of  the  state  dairy  bureau  shall  receive,  in 
addition  to  the  salary  now  received  under  the  provisions  of  the  act  creating  said  state 
dairy  bureau,  such  additional  compensation  as  the  dairy  bureau  may  see  fit,  but  not  to 
exceed  $100  per  month  to  be  drawn  from  the  amount  appropriated  herein.  The  state 
dairy  bureau  through  its  agent  and  secretary,  and  assistant  agents  shall  inspect  the 
dairies,  dairy  cattle,  creameries  and  other  factories  of  dairy  products,  markets,  and 
other  places  where  dairy  products  are  prepared  or  handled,  and  keep  a  careful  record 
of  such  inspection  and  report  the  same  to  the  state  dairy  bureau,  and  upon  evidence 
obtained  that  any  of  the  provisions  of  this  act  are  being  violated,  the  state  dairy  bureau, 
through  its  agent  and  secretary,  or  its  assistant  agents,  shall  duly  enter  complaint 
against  the  party  or  parties,  responsible  for  such  violations  and  cause  the  same  to  be 
prosecuted,  except  in  cases  where  any  dairy,  creamery  or  other  factory  of  milk  products 
or  store  or  depot  where  milk  and  its  products  are  handled  and  sold,  is  found  to  be  in 
an  unsanitary  condition,  in  which  ease  the  agent  and  secretary,  or  the  assistant  agent, 
for  the  district  in  which  the  violation  occurred,  shall  serve  upon  the  owner,  or  owners, 
or  person  in  charge  of  the  dairy,  creamery  or  other  factory  of  milk  products  so  found 
to  be  in  an  unsanitary  condition,  a  written  notice  specifying  in  detail  such  changes 
that  are  to  be  made  that  will  place  such  dairy,  creamery,  or  other  factory  of  milk 
products  or  store  or  depot  in  a  sanitary  condition  as  defined  in  this  act.  Should  such 
changes  not  have  been  made  at  the  expiration  of  thirty  days  after  the  date  when  the 
notice  was  served,  the  state  dairy  bureau,  through  its  agent  and  secretary,  or  its 
assistant  agents,  shall  enter  complaint  against  the  person  or  persons  responsible  for 
such  unsanitary  conditions  and  cause  them  to  be  prosecuted  for  violating  this  act. 

Dairy  bureau  to  compile  statistics. 

§  8.  The  state  dairy  bureau  is  authorized  under  this  act  to  gather  and  compii. 
statistics  relative  to  the  dairy  industry  and  to  disseminate  the  same  and  other  informa- 
tion useful  to,  and  to  the  general  good  and  development  of  the  daiiy  industry  of  the 
state. 

Agent  or  inspector  to  report  cases  of  infectious  diseases  to  state  veterinarian. 

§  9.  Whenever  any  agent  or  inspector  of  the  state  dairy  bureau  shall  discover  the 
existence  of  any  contagious  or  infectious  disease  among  dairy  cattle,  or  have  good 
reason  to  believe  that  such  disease  may  exist  the  same  shall  be  immediately  reported 
to  thr  state  veterinarian. 

Violation  of  this  act,  penalty.    Interference  with  agent  or  inspector,  punishment.    Dis- 
position of  fines. 

5  10.  Whoever  shall  violate  any  of  the  provisions  of  this  act  shall  be  deemed  guilty 
of  misdemeanor,  and  upon  conviction  thereof  shall  be  punished  by  a  fine  of  not  less 
than  ten  dollars  nor  more  than  two  hundred  dollars  or  by  imprisonment  in  the  county 
jail  for  a  period  of  not  less  than  ten  days  nor  more  than  one  hundred  days,  or  by  both 
such  fine  and  imprisonment.  Any  person  or  persons  who  shall  hinder  or  prevent  an 
agent  or  inspector  of  the  state  dairy  bureau,  in  the  performance  of  his  duty  under  this 
act,  shall  likewise  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction,  shall  be 
fined  as  already  provided  in  this  act.  One-half  of  all  fines  imposed  for  the  violation  of 
this  act  shall  be  paid  to  the  state  dairy  bureau  which  shall  pay  the  same  to  the  state 
treasurer  and  the  same  shall  become  a  part  of  the  appropriation  under  this  act.  The 
remaining  one-half  of  such  fines  shall  be  paid  to  the  county  in  which  the  fine  ia  imposed. 


501  DAIRIES.  Act  1 167,  §1 

Duty  of  district  attorney. 

^  11.  It  slaall  be  the  duty  of  the  district  attorney,  upon  application  of  the  state  dairy 
bureau,  through  its  agent  and  secretary,  or  assistant  agents  to  attend  to  the  prosecu- 
tion, in  the  name  of  the  people,  of  any  suit  brought  for  the  violation  of  any  of  the 
provisions  of  this  act  within  his  district. 

Appropriation. 

§  12.  There  is  hereby  appropriated  for  the  use  of  the  state  dairy  bureau  in  enforcing 
and  carr\'ing  out  the  provisions  of  this  act,  out  of  any  money  in  the  state  treasury  not 
otherwise  appropriated,  the  sum  of  one  thousand  five  hundred  dollars  ($1,500)  for  the 
remainder  of  the  fifty-sixth  fiscal  year;  five  thousand  dollars,  ($5,000)  for  the  fifty- 
seventh  fiscal  year  and  five  thousand  dollars  ($5,000)  for  the  fifty-eighth  fiscal  year. 
All  salaries,  fees,  costs  and  expenses  shall  be  drawn  from  the  money  so  appropriated, 
and  the  state  controller  shall  draw  his  warrant  on  the  state  treasury  in  favor  of  the 
person  or  persons  entitled  to  the  same. 

Repeal  of  former  and  inconsistent  acts. 

^  13.  An  act  approved  March  22,  1899,  entitled  "An  act  to  provide  for  the  inspection 
of  dairies,  factories  of  dairy  products,  and  of  dairy  products  as  to  their  sanitary  con- 
dition, and  as  to  the  health  of  stock;  to  prevent  the  sale  of  milk  aiid  products  of  milk 
drawn  from  diseased  animals;  to  prevent  the  spread  of  infectious  and  contagious  dis- 
eases common  to  stock,  and  to  appropriate  money  therefor, ' '  and  all  other  acts  or  parts 
of  acts  inconsistent  with  this  act  are  hereby  repealed. 

Time  of  taking  effect. 

j  14.     This  act  shall  take  effect  thirty  days  after  its  passage. 

DAIRY  SANITATION  AND  INSPECTION  ACT  OF  1911. 
ACT  1167— An  act  to  prevent  the  manufacture  or  sale  of  dairy  products  from  unhealthy 
animals,  or  that  are  produced  under  unsanitary  conditions;  to  prevent  deception  or 
fraud  in  the  production  and  sale  of  dairy  products,  and  in  the  manufacture  and  sale 
of  renovated  butter  and  oleomargarine;  to  license  the  manufacture  and  sale  of  reno- 
vated butter,  and  oleomargarine;  to  regulate  the  business  of  producing,  buying  and 
selling  dairy  products,  oleomargarine,  renovated  or  imitation  butter  and  cheese;  to 
provide  for  the  enforcement  of  its  provisions  and  for  the  punishment  of  violations 
thereof,  and  appropriating  money  therefor  and  to  repeal  section  17  of  an  act 
approved  March  4,  1897,  entitled  "An  act  to  prevent  deception  in  the  manufacture 
and  sale  of  butter  and  cheese,  to  secure  its  enforcement,  and  to  appropriate  money 
therefor,"  and  to  repeal  all  acts  and  parts  of  acts  inconsistent  with  this  act. 

History:  Approved  April  21,  1911,  Stats.  1911,  p.  959.  Amended 
May  4,  1915.  In  effect  August  8,  1915.  Stats.  1915,  p.  332;  May  4, 
1915.  In  effect  January  1,  1915.  Stats.  1915,  p.  352;  June  11,  1915. 
In  effect  August  10,  1015.  Stats.  1915,  p.  1455;  June  1,  1917.  In  effect 
July  31,  1917.  Stats.  1917,  p.  1654;  May  5,  1919.  In  effect  July  22,  1919. 
Stats.  1919,  pp.  283,  297.  This  act  supersedes  all  provisions  of  the 
act  of  1905  (Act  1166)  except  possibly  certain  administrative  features 
relating  to  the  state  dairy  bureau. 

Sale  of  unclean  milk,  etc.,  prohibited. 

^  1.  No  person,  firm  or  corporation,  by  themselves  or  their  agents  or  employees, 
shall  sell,  expose  for  sale,  or  offer  for  sale,  or  shall  exchange,  present,  or  deliver  to 
any  creamery,  cheese  factory,  milk  condensing  factory,  or  other  buyer  or  consumer  ot 
milk  or  milk  products,  any  unclean,  unwholesome,  stale,  or  impure  milk,  cream,  butter 
or  condensed  or  evaporated  milk,  or  other  article  produced  from  such  milk  or  cream, 
neither  shall  any  person  or  persons,  firm  or  coi-poration,  by  themselves  or  their  agents 
or  employees,  sell,  expose  for  sale,  or  offer  for  sale,  or  exchange,  present  or  deliver  to 


Ac*  1167,  88  la,  2  GEXEUAL.  LAWS.  502 

any  consumer,  creamer}',  cheese  factor}-,  milk  condensing  factory,  or  any  other  buyer 
or  consi;mer,  any  milk,  cream,  butter,  cheese,  condensed  milk  or  other  products  manu- 
factured therefrom,  which  has  been  produced  in  or  by  a  dairy,  or  factory  of  dairy 
products,  or  that  is  or  has  been  handled  in  any  store  or  depot,  that  is  in  an  unsanitary 
condition,  or  that  is  produced  from  cows  affected  by  any  disease,  or  from  cows  within 
five  days  after  or  fifteen  days  preceding  parturition. 

Milk  containers  to  be  cleansed. 

§  la.  Every  person,  firm  or  corporation,  not  a  common  carrier,  who  receives-  from  a 
common  carrier  in  cans,  bottles,  vessels,  or  other  containers,  any  milk,  cream  and  ice 
cream  intended  for  human  consumption,  which  has  been  transported  over  any  railroad, 
or  boat  or  freight  line,  or  by  other  common  can-ier,  or  auto  truck,  which  said  cans, 
bottles,  vessels,  or  other  containers,  are  to  be  returned  to  the  consignor  or  shipper,  shall 
cause  the  said  empty  cans,  bottles,  vessels,  or  other  containers,  to  be  thoroughly  cleansed 
and  sterilized  by  boiling  water  or  superheated  steam  before  return  shipment  of  the 
same;  provided,  further,  that  all  empty  cans,  bottles,  vessels,  or  other  containers, 
delivered  to  the  consumer  by  the  retailer  shall  be  thoroughly  and  immediately  cleansed 
before  returning  the  same  to  the  dealer  or  distributor.  [New  section  added  June  1, 
1917.    In  effect  July  31,  1917.     Stats.  1917,  p.  1657.] 

Unsanitary  dairies. 

§  2.  A  dairy  shall  be  deemed  unsanitary  within  the  meaning  of  this  act,  among  other 
causes  that  render  milk,  or  products  made  therefrom,  unclean,  impure,  and  unhealthy, 
in  the  following  cases: 

(a)  If  the  drinking  water  is  stagnant,  polluted  with  manure,  urine,  drainage,  decay- 
ing vegetable  or  animal  matter. 

(b)  If  the  yards  or  enclosures  are  filthy  or  unsanitary  or  if  any  part  of  such  yards 
or  enclosures,  other  than  pastures,  are  made  the  depositories  of  manure  in  heaps  or 
otherwise  where  it  is  allowed  to  ferment  and  decay. 

(e)  If  a  suitable  milk  house  or  room  is  not  provided  and  maintained,  properly 
screened  to  exclude  flies  and  insects,  for  the  purpose  of  cooling,  mixing,  canning,  and 
keeping  the  milk.  Said  milk  house  or  room,  shall  not  be  located  in  or  be  a  part  of 
any  residence,  or  dwelling  house,  or  anj'  barn  or  poultry  house,  and  shall  not  be  used 
for  any  other  purpose  whatsoever. 

(d)  If  any  milk  or  cream  shall  be  cooled,  stored,  mixed,  canned,  or  kept  in  any 
room  or  place  which  is  occupied  by  any  person  or  persons  as  a  sleeping  or  living  apsa't- 
ment,  or  occupied  by  horses,  cows,  hogs  or  other  animals,  or  fowls  of  any  kind,  and  if 
the  milk  or  ci'eam  shall  not  be  cooled  to  as  low  a  temperature  as  practicable  within  one 
hour  after  it  is  drawn  from  the  cows. 

(e)  If  any  urinal,  privy  vault,  open  cesspool,  horse  stable,  pig  pen,  stagnant  water, 
accumulation  of  manure  or  other  filth  shall  be  permitted  within  one  hundred  feet  of 
any  such  milk  house  or  room,  or  within  fifty  feet  of  any  cow  stalls  or  stanchions  or 
other  place  where  milking  is  done. 

(f )  If  the  walls  become  soiled  with  manure,  urine  or  other  filth. 

(g)  If  to  the  interior  of  cattle  stables,  bams,  milking  sheds,  milk  house  or  room, 
an  application  of  lime  whitewash  is  not  made  at  least  once  in  two  years,  or  oftener  if 
in  the  judgment  of  the  agent  of  the  state  dairy  bureau  it  is  needed,  or  if  in  the  man- 
gers, or  other  receptacles  from  which  cows  are  fed,  decaying  food  or  other  material  is 
allowed  to  accumulate. 

(h)  If  the  pails,  cans,  bottles  or  other  containers  of  milk,  or  its  products,  or  the 
strainers,  coolers  or  other  utensils  coming  in  contact  with  the  milk  or  its  products,  are 
not  sterilized  by  boiling  water  or  superheated  steam  each  a3?.d  every  time  the  same  are 
used. 


503  DAIRIES.  Act  11G7,  §g  3-3 

(i)  If  the  person  or  wearing  apparel  of  the  dairyman,  his  employees,  or  other  per- 
sons, who  come  in  contact  with  milk  and  its  products,  are  soiled  or  not  washed  from 
time  to  time  with  reasonable  frequency.  (Amendment  of  June  1,  1917.  In  effect 
August  31,  1917.     Stats.  1917,  p.  1655.) 

Unsanitary  creameries. 

§  3.  A  creamery  or  any  factory  of  dairy  products,  or  any  store,  depot,  or  other  place 
where  milk  is  handled  or  kept  for  sale,  shall  be  deemed  unsanitary  under  the  meaning 
of  this  act,  among  other  causes  that  render  milk,  or  products  made  therefrom,  unclean, 
unwholesome,  impure,  stale  or  of  low  grade  or  inferior  quality,  in  the  following  cases : 

(a)  If  milk  or  cream  is  received  that  has  reached  an  advanced  stage  of  fermenta- 
tion, or  that  shows  a  state  of  putrefactive  fermentation,  or  if  it  is  received  in  cans,  or 
other  containers  that  have  not  been  sterilized  by  means  of  boiling  water  or  super- 
heated steam  after  each  delivery. 

(b)  If  the  utensils  and  apjoaratus  that  come  in  contact  with  milk  or  its  products  in 
the  process  of  manufacture  are  not  thoroi;ghly  washed  and  sterilized  by  means  of 
boiling  water  or  superheated  steam,  after  each  using. 

(c)  If  the  floor  is  so  constructed  as  to  permit  the  flowing  or  soaking  of  water,  milk 
or  other  liquids  underneath  or  among  the  interstices  of  such  floor,  where  fermentation 
and  decay  may  take  place,  or  if  such  floor  may  not  be  readily  kept  free  from  dirt. 

(d)  If  drains  are  not  provided  that  will  convey  refuse  milk,  water  and  sewage  away 
to  a  point  at  least  fifty  j'^ards  distant  from  such  creamery  or  factory  of  dairy  products, 
or  if  any  cesspool,  privy  vault,  hog-yard,  slaughter-house,  manure  or  any  decaying 
vegetables  or  animal  matter,  shall  be  within  a  distance  that  will  permit  foul  odors  to 
reach  any  such  creamer}'  or  other  factory  of  dairy  products  or  store  or  depot  where 
milk  or  its  products  are  sold  or  handled. 

(e)  If  such  creamery  or  factory  of  dairy  products,  does  not  permit  access  of  light 
and  air  suflScient  to  secure  good  ventilation. 

(f )  If  in  any  building  or  buildings  used  in  connection  with  any  creamery,  or  factory 
of  dairy  products,  any  insects  or  other  species  of  animal  life  are  pennitted,  or  if  upon 
the  floor,  the  sides  or  the  walls,  any  milk  or  its  products,  or  any  other  filth  is  allowed 
to  accumulate,  or  ferment,  or  decay,  or  if  the  bodies  or  wearing  apparel  of  persons 
employed,  or  coming  in  contact  with  any  milk  or  its  products,  in  any  creamery,  or 
factory  of  any  dairy  products,  shall  be  unclean  and  not  washed  from  time  to  time  with 
reasonable  frequency. 

Liquid  gallon  measure. 

^  4.  No  person,  firm  or  corporation  shall  hereafter  sell,  offer  for  sale,  or  receive  for 
the  purpose  of  sale,  any  milk,  skim  milk  or  cream,  except  such  sale,  offer,  or  receipt, 
shall,  as  to  quantity,  be  based  upon  the  liquid  gallon,  containing  two  hundred  and 
thirty-one  cubic  inches,  or  the  liquid  quart  containing  fifty-seven  and  seventy-five  one- 
hundredths  cubic  inches  or  the  proper  and  complete  liquid  subdivision  thereof.  Pro- 
vided, that  nothing  in  this  act  shall  be  construed  as  prohibiting  the  buying  or  selling 
of  milk  or  cream  either  by  weight  or  on  the  basis  of  its  butter  fat  contents.  And  pro- 
vided, further,  that  in  am'  hotel,  restaurant,  or  other  eating  place,  where  milk  is  sold 
with  meals,  or  where  it  is  sold  to  be  drunk  immediately,  it  may  be  sold  by  the  glass. 

Milk,  etc.,  sold  as  pasteurized  must  conform  to  regulations  of  this  act.    Butter  must  be 

sold  in  terms  of  pounds. 

§  5.  No  person,  firm  or  corporation  shall  sell,  exchange,  or  offer  or  expose,  or  have 
in  its  possession  for  sale  or  exchange,  any  milk,  cream,  skim  milk,  ice  cream,  butter, 
buttermilk,  cheese  or  other  milk  products,  as  and  for  pasteurized  milk,  cream,  skim 
milk,  ice  cream,  butter,  buttermilk,  cheese  or  other  milk  product,  as  the  case  may  bo, 


Act  1167,  §§  6-8  GE>ERAt,   LAWS.  504 

nor  use  the  word  "pasteurize"  or  anj'  of  its  derivatives  in  connection  with  the  sale, 
designation,  advertising,  labeling  or  billing  of  any  milk,  cream,  skim  milk,  ice  cream, 
butter,  buttermilk,  cheese  or  other  milk  products,  unless  the  same  and  all  products  of 
milk  contained  therein  or  used  in  the  manufacture  thereof  consist  exclusively  of  milk, 
skim  milk  or  cream  which  has  been  treated  by  the  process  of  pasteurization,  as  defined 
and  regulated  in  subdivision  fifteen,  section  twenty-nine,  of  this  act.  It  shall  be 
unlawful  for  any  person,  firm  or  corporation  to  sell,  offer  for  sale,  or  to  cause  or  permit 
to  be  sold  or  offered  for  sale,  any  butter  in  prints  or  packages  or  otherwise  other  than 
by  or  in  terms  of  pounds  and  ounces,  avoirdupois,  or  for  a  greater  weight  than  the  true 
net  weight  thereof.  [Amendment  of  May  4,  1915.  In  effect  August  8,  1915.  Stats. 
1915,  p.  333.] 

Registration  of  dairies. 

§  6.  Every  person,  firm  or  corporation  operating  any  dairy,  where  more  than  four 
cows  are  milked,  and  every  creamery,  cheese  factory,  receiving  station,  skimming 
station,  ice  cream  or  ice  milk  manufacturer,  or  milk  coudensary,  shall  on  or  before  the 
first  day  of  November  of  each  3'ear,  cause  to  be  registered  with  the  secretary  of  the 
state  dairy  bureau  a  statement  showing  the  full  name  and  address  of  such  person,  firm 
or  corporation  so  operating  the  same,  and  also  the  full  name  and  address  of  the  owner 
or  owners  of  the  business  so  being  operated,  in  case  the  person  operating  the  same  is 
not  the  owner,  together  with  a  statement  of  the  class  of  such  business  carried  on  by 
such  person  or  corporation,  and  the  number  of  cows  then  being  milked,  in  case  of  a 
dairy. 

Annual  report. 

^  7.  The  secretary  of  the  state  dairy  bureau  shall  provide  blanks  for  reporting  dairy 
statistics,  and  he  shall  annually,  on  or  befoi'e  the  first  day  of  October  each  year,  cause 
to  be  mailed  to  each  person,  firm  or  corporation  engaged  in  operating  any  dairy  making 
butter  or  cheese  from  more  than  four  cows,  and  to  all  dairies  where  more  than  four 
cows  are  milked,  and  to  all  creameries,  cheese  factories,  ice  cream  or  ice  milk  manufac- 
turers, and  milk  condensaries,  one  or  more  of  such  blanks,  and  each  such  person,  firm 
or  corporation  shall,  on  or  before  the  first  day  of  November  following,  make  out  and 
transmit  to  said  secretary  of  the  state  dairy  bureau  a  full  and  accurate  report  of  the 
amount  of  butter,  cheese  or  other  dairy  products,  manufactured  or  produced  during 
the  year  ending  September  30th,  and  the  dairies  shall  report  the  number  of  cows  milked 
during  said  year. 

Producer  of  butter  must  he  designated.    Place  of  production. 

§  8.  In  case  any  butter  is  sold  or  offered  for  sale,  in  a  package  or  wrapper  purport- 
ing to  designate  the  producer  of  such  butter,  such  producer  must  be  correctly  desig- 
nated.  In  case  any  butter  is  sold,  or  offered  for  sale,  in  a  package  or  wrapper,  or  under 
a  label  purporting  or  calculated  to  designate  the  place  of  production,  such  package, 
wrapper,  or  label  must  correctly  name  the  place  where  made;  or  if  such  package, 
wrapper  or  label  bears  the  name  of  any  county,  city  and  county,  city  or  town  in  this 
state  or  any  other  geographical  designation,  such  package,  wrapper,  or  label  must  also 
correctly  name  the  place  where  made.  No  person,  firm  or  corporation  shall  put  up  ini 
package  or  wrapper,  or  otherwise  prepare  for  shipment  or  sale,  any  butter  under  a! 
label  purporting  to  designate  the  producer,  place  of  production,  or  bearing  the  name 
of  any  county,  city  and  county,  city,  or  town  of  this  state,  or  any  other  geographical 
designation,  except  in  accordance  with  the  provisions  hereof;  nor  shall  any  person,  firm 
or  corporation  sell  or  offer  for  sale  any  butter  in  a  package,  wrapper,  or  under  a  label 
purporting  to  designate  the  name  of  the  producer  or  the  place  of  production  or  bearing 
the  name  of  any  county,  city  and  county,  city  or  town  of  this  state  or  geographical 


605  DAIRIES.  Act  1167,  §g  9-11 

designation,  except  in  accordance  with  the  provisions  hereof.     [Amendment  of  May  4, 
1915.    In  effect  January'  1,  1916.      Stats.  1915,  p.  353.] 

Oleomargarine  defined. 

$  9.  For  the  purposes  of  this  act  certain  manufactured  substances,  certain  extracts, 
and  certain  mixtures  and  compounds,  including  such  mixtures  and  compounds  with 
butter,  milk  or  cream,  shall  be  known  and  designated  as  "oleomargarine,"  namely: 
All  substances  heretofore  known  as  oleomargarine,  oleo,  oleomargarine-oil,  buttesine, 
lardine,  suine,  and  neutral;  all  mixtures  and  compounds  of  oleomargarine,  oleo,  oleo- 
margarine-oil, butterine,  lai'dine,  suine,  and  neutral;  all  lard  extracts  and  tallow  ex- 
tracts; and  all  mixtures  and  compounds  of  tallow,  beef -fat,  suet,  lard,  lard-oil,  cocoanut- 
oil,  peanut-oil,  intestinal  fat,  and  offal-fat  made  in  imitation  or  semblance  of  butter,  or 
when  so  made,  calculated  or  intended  to  be  sold  as  butter  or  for  butter;  or  butter  sub- 
stitute; and  for  the  purposes  of  this  act,  every  article,  siabstance,  or  compound,  other 
than  that  produced  from  pure  milk,  or  cream  from  the  same,  made  in  semblance  of 
cheese,  and  designed  to  be  used  as  a  substitute  for  cheese  made  from  pure  milk  or 
cream,  is  hereby  declared  to  be  imitation  cheese;  provided,  that  the  use  of  salt,  rennet, 
and  harmless  coloring  matter  for  coloring  the  product  of  pure  milk  or  cream,  shall  not 
be  construed  to  render  such  product  an  imitation;  and  provided,  that  nothing  in  this 
section  shall  prevent  the  use  of  pure  skimmed  milk  in  the  manufacture  of  cheese. 
[Amendment  of  May  5,  1919.     In  effect  July  22,  1919.     Stats.  1919,  p.  298.] 

Sale  of  imitation  butter  prohibited. 

4  10.  No  person,  by  himself  or  his  agents  or  servants,  shall  render,  manufacture, 
sell,  offer  for  sale,  expose  for  sale,  or  have  in  his  possession  with  intent  to  sell  or  to 
use  or  to  serve  to  patrons,  guests,  boarders,  or  inmates  in  any  hotel,  eating-house, 
restaurant,  public  conveyance  or  boarding-house,  or  public  or  private  hospital,  asylum 
or  eleemosynary  or  penal  institution,  any  article,  product  or  compound  made  wholly 
or  partly  out  of  any  fat,  oil  or  oleaginous  substance  or  compound  thereof,  not  pro- 
duced directly  and  at  the  time  of  manufacture  from  unadulterated  milk  or  cream  from 
the  same,  which  article,  product,  or  compound  shall  be  colored  in  imitation  of  butter 
or  cheese  produced  from  unadulterated  milk  or  cream,  or  be  made  to  resemble  yellow 
butter  in  color,  by  whatever  means  the  coloring  is  accomplished;  provided,  that  nothing 
in  this  section  shall  be  construed  to  prohibit  the  manufacture  or  sale,  under  the  regula- 
tions hereinafter  provided,  of  substances  or  compounds,  designed  to  be  used  as  an  imi- 
tation, or  as  a  substitute  for  butter  or  cheese  made  from  pure  milk  or  cream  from  the 
same,  in  a  separate  and  distinct  form  not  resembling  butter  or  cheese,  and  in  such  a 
manner  as  will  advise  the  purchaser  and  consumer  of  its  real  character,  free  from 
coloration  or  ingredients  that  cause  it  to  look  like  butter  or  cheese  made  from  pure  milk 
or  cream,  the  product  of  the  dairy. 

Branding  oleomargarine.    Absence  of  markings. 

5  11.  Each  person,  who,  by  himself  or  another,  lawfully  manufactures  any  oleo- 
margarine, or  any  substance  designed  to  be  used  as  a  substitute  for  butter  or  cheese, 
shall  mark  the  same  by  branding,  stamping,  or  stenciling  upon  the  top  and  sides  of 
each  tub,  firkin,  box,  or  other  package  in  which  such  article  or  substance  shall  be  kept, 
and  in  which  it  shall  be  removed  from  the  place  where  it  is  produced  or  put  up,  in  a 
clear  and  durable  manner,  in  the  English  language,  the  words  "oleomargarine,"  or 
"substitute  for  butter,"  or  "substitute  for  cheese,"  as  the  case  may  be,  in  printed 
letters  in  plain  roman  typef  each  of  which  shall  not  be  less  than  one  inch  in  height  by 
one-half  inch  in  width,  and  in  addition  to  the  above  shall  prepare  a  statement,  printed 
in  plain  roman  type,  of  a  size  not  smaller  than  pica,  stating  in  the  English  language 
its  name,  and  the  name  and  address  of  the  manufacturer,  the  name  of  the  place  where 
manufactured  or  put  up,  and  also  the  names  and  actual  percentages  of  the  various 


Act  1167,  §§  12-15  GENERAL  LAWS.  Hm 

ingredients  used  in  the  manufacture  of  such  oleomargarine,  imitation  butter  or  imita- 
tion cheese;  and  shall  place  a  copy  of  said  statement  within  and  upon  the  contents  of 
each  tub,  firkin,  box,  or  other  package,  and  next  to  that  portion  of  each  tub,  firkin, 
box,  or  other  package,  as  is  commonly  and  most  conveniently  opened,  and  shall  label 
the  top  and  sides  of  each  tub,  firkin,  box,  or  other  package  by  affixing  thereto  a  copy 
of  said  statement,  in  such  manner,  however,  as  not  to  cover  the  whole  or  any  part  of 
said  mark  of  "oleomargarine,"  "substitute  for  butter,"  or  "substitute  for  cheese." 
The  absence  of  the  markings  and  labelings  specified  in  section  11  hereof  shall  always  be 
construed  as  a  representation  that  the  contents  or  substance  in  question  is  butter,  or 
cheese,  as  the  case  may  be. 

Shipping  oleomargarine. 

§  12.  No  person,  by  himself  or  another,  shall  knowingly  ship,  consign,  or  forward 
by  any  common  carrier,  whether  public  or  private,  anj'  oleomargarine,  or  any  substance 
designed  to  be  used  as  a  substitute  for  butter  or  cheese,  unless  the  same  be  marked 
and  contain  a  copy  of  the  statement,  and  be  labeled  as  provided  by  section  11  of  this 
act;  and  no  carrier  shall  knowingly  receive  the  same  for  the  purpose  of  forwarding  or 
transporting,  unless  it  shall  be  manufactured,  marked,  and  labeled  as  hereinbefore  pro- 
vided, and  unless  it  is  consigned  and  by  the  carrier  receipted  for  by  i  true  name; 
provided,  that  this  act  shall  not  apply  to  any  goods  in  transit  between  foreign  states 
across  the  state  of  California. 

All  oleomargarine  packages  to  be  marked.  * 

§  13.  No  person  or  his  agent  shall  knowingly  have  in  his  possession  or  under  his 
control  any  oleomargarine,  or  any  substance  designed  to  be  used  as  a  substitute  f  o  • 
butter  or  cheese,  unless  the  tub,  firkin,  box,  or  other  package  containing  the  same,  shall 
be  clearly  and  durably  marked  and  labeled  as  provided  by  section  11  of  this  act,  and 
also  contain  a  copy  of  the  statement  required  by  said  section  11  of  this  act;  and  if 
the  tub,  firkin,  box,  or  other  package  be  opened,  then  a  copy  of  the  statement  described 
in  said  section  11  of  this  act,  shall  be  kept  with  its  face  up,  upon  the  exposed  contents 
of  said  tub,  firkin,  box,  or  other  package ;  provided,  that  this  section  shall  not  be  deemed 
to  apply  to  persons  who  have  the  same  in  their  possession  for  the  actual  consumption  of 
themselves  or  family,  and  for  no  other  purpose. 

Conditions  covering  sale  of  oleomargarine. 

§  14.  No  person,  by  himself  or  another,  shall  sell,  or  offer  for  sale,  or  take  orders 
for  the  future  delivery  of  any  oleomargarine,  or  any  substance  designed  to  be  used  as 
a  substitute  for  butter  or  cheese,  under  the  name  of  butter,  or  under  the  pretense  that 
the  same  is  butter  or  cheese;  and  no  person,  by  himself  or  another,  shall  sell  any  sub- 
stance designed  to  be  used  as  a  substitute  for  butter  or  cheese,  unless  he  shall  inform 
the  purchaser  distinctly,  at  the  time  of  the  sale,  of  its  true  name  and  character,  and 
*  that  the  same  is  a  substitute  for  butter  or  cheese,  as  the  case  may  be,  and  shall  deliver 
to  the  purchaser,  at  the  time  of  the  sale,  a  separate  and  distinct  copy  of  the  statement 
described  in  section  11  of  this  act;  and  no  person  shall  use  in  any  way  in  connection 
or  association  with  the  sale,  or  exposure  for  sale,  or  advertisement  of  any  oleomargarine 
or  any  substance  designed  to  be  used  as  a  substitute  for  butter  or  cheese,  the  words 
"butterine,"  "creamery,"  or  "dairy,"  or  the  representation  of  a  cow  or  any  breed  of 
dairy  cattle,  or  any  combination  of  such  words  and  representations,  or  any  other  words 
or  symbols,  or  combinations  thereof,  commonly  used  by  the  dairy  industry  in  the  sale 
of  butter  or  cheese.  * 

Hotel-keepers  to  notify  patrons  when  serving  oleomargarine. 

§  15.     No   keeper  or  proprietor   of   any   bakery,   hotel,    boarding-house,   restaurant, 
saloon,  lunch-counter,  or  other  place  of  public  entertainment,  and  no  person  having 


I 


507  DAIRIES.  Act  1167,  §§  16-20 

charge  thereof  or  employed  thereat,  and  no  person  furnishing  board,  for  others  than 
members  of  his  own  family,  and  no  employee  where  such  board  is  furnished  as  the 
compensation  or  as  a  part  of  the  compensation  of  any  employee,  shall  place  before  any 
patron  or  employee,  for  use  as  food,  any  oleomargarine,  or  any  substance  designed  to 
be  used  as  a  substitute  for  butter  or  cheese,  unless  the  same  be  accompanied  by  a  copy 
of  the  statement  described  in  section  11  of  this  act,  and  by  a  verbal  notification  to  said 
patron  that  such  substance  is  a  substitute  for  butter  or  cheese. 

Maintaining  actions  on  contract. 

§  16.  No  action  can  be  maintained  on  account  of  any  sale  or  other  contract  made  in 
violation  of,  or  with  intent  to  violate,  this  act,  by  or  through  any  person,  who  was 
knowingly  a  party  to  such  wrongful  sale  or  other  contract. 

Every  person  having  possession  or  control  of  any  oleomargarine,  or  any  substance 
designed  to  be  used  as  a  substitute  for  butter  or  cheese,  which  is  not  marked  as  required 
by  the  provisions  of  this  act  shall  be  presumed  to  have  known,  during  the  time  of  such 
possession  or  control,  that  the  same  was  imitation  butter,  or  imitation  cheese,  as  the 
case  may  be. 

Erasing  labels. 

^  17.  No  person  shall  efface,  erase,  cancel,  or  remove  any  mark,  statement,  or  label 
required  by  this  act,  with  intent  to  mislead,  deceive,  or  with  intent  to  violate  any  of 
the  provisions  of  this  act. 

Butter  used  in  charitable  institutions. 

§  18.  No  butter  or  cheese  not  made  wholly  from  pure  milk  or  cream,  salt,  and  harm- 
less coloring  matter,  shall  be  used  in  any  of  the  charitable  or  penal  institutions  that 
receive  assistance  from  the  state. 

Having  possession  of  oleomargarine.    Officer  serving  bench  warrant  to  take  samples. 

$  19.  Whoever  shall  have  possession  or  control  of  any  imitation  butter  or  imitation 
cheese  or  any  oleomargarine,  or  any  substance  designed  to  be  used  as  a  substitute  for 
butter  or  cheese,  or  anj^  renovated  butter,  contrary  to  the  provisions  of  this  act  shall 
be  construed  to  have  possession  of  property  with  intent  to  use  it  as  a  means  of  com- 
mitting a  public  offense,  within  the  meaning  of  chapter  three,  of  title  twelve,  of  part 
two,  of  an  act  to  establish  a  penal  code ;  provided,  that  it  shall  be  the  duty  of  the  oflfieer 
who  serves  a  bench  warrant  issued  for  imitation  butter  or  imitation  cheese  or  oleomar- 
garine, or  any  substance  designed  to  be  used  as  a  substitute  for  butter  or  cheese,  or  any 
renovated  butter,  to  deliver  to  the  agent  or  inspector  of  the  state  dairy  bureau  or  to 
any  person  by  such  dairy  bureau  authorized  in  writing  to  receive  the  same,  a  perfect 
sample  of  each  article  seized  by  virtue  of  such  warrant,  for  the  purpose  of  having  the 
same  analyzed,  and  forthwith  to  return  to  the  person  from  whom  it  was  taken  the 
remainder  of  each  article  seized  as  aforesaid.  If  any  sample  be  found  to  be  imitation 
butter  or  imitation  cheese,  or  oleomargarine,  or  a  substance  designed  to  be  used  as  a 
substitute  for  butter  or  cheese,  or  renovated  butter,  it  shall  be  returned  to  and  retained 
by  the  magistrate  as  and  for  the  purpose  contemplated  by  section  1536  of  an  act  to 
establish  a  penal  code;  but  if  any  sample  be  found  not  to  be  imitation  butter  or 
imitation  cheese,  or  oleomargarine,  and  not  a  substance  designed  to  be  used  as  a  sub- 
stitute for  butter  or  cheese,  or  renovating  butter,  it  shall  be  returned  forthwith  to  the 
person  from  whom  it  was  taken. 

Each  package  of  oleomargarine  to  be  marked. 

§  20.  No  person,  firm  or  coiiwration,  by  themselves  or  their  agents  or  employees, 
shall  sell,  offer  for  sale,  or  expose  for  sale,  or  have  in  his,  its,  or  their  possession  for 
sale,  any  oleomargarine  or  any  renovated  butter,  unless  the  same  shall  have  printed 


Act  1167,  e§  21, 22  GENERAL.   I.AWS.  608 

upon  each  and  every  package,  roll,  print,  square,  and  upon  any  container  of  such  reno- 
vated butter  or  oleomargarine,  the  words  "renovated  butter,"  or  the  word  "oleomar- 
garine," as  the  ease  may  be  in  letters  not  less  than  one-half  inch  in  height,  and  who 
shall  not  have  secured  from  the  state  dairy  bureau,  now  existing  under  the  laws  of  this 
state,  a  license  as  provided  hereinafter. 

Renovated  butter  defined. 

§  21.  The  term  renovated  butter  as  used  in  this  act  is  hereby  defined  to  mean  and 
include  butter  that  has  been  reduced  to  a  liquid  state  by  melting  and  drawing  off  such 
liquid  or  butter  oil  and  churning  or  otherwise  manipulating  it  in  connection  with  milk 
or  any  product  thereof. 

License  required  of  manufacturer,  etc.    Application  to  dairy  bureau.    Fees.   Definitions. 

Licenses  on  display.    Unlawful  to  handle,  etc.,  without  license. 

§  22.  No  person,  firm  or  corporation,  shall  engage  in  the  business  or  occupation  of 
manufacturing,  selling,  dealing  in,  or  furnishing  renovated  butter,  oleomargarine,  or 
any  substance  designed  to  be  used  as  a  substitute  for  butter,  without  first  having  applied 
for  and  obtained  a  license  so  to  do,  as  hereinafter  provided.  Any  person,  firm,  or  corpo- 
ration, desiring  to  engage  in  the  business  or  occupation  of  manufacturing,  selling,  deal- 
ng  in  or  furnishing  to  his,  its  or  their  patrons,  oleomargarine,  or  any  substance  designed 
'o  be  used  as  a  substitute  for  butter,  or  imitation  butter,  or  adulterated  butter,  or  reno- 
vated butter,  as  in  this  act  defined,  shall  first  make  application  each  year  to  the  state 
iairy  bureau  for  a  license,  and  upon  payment  of  a  license  fee  of  the  amount  mentioned 
herein,  to  the  state  dairy  bureau,  said  bureau  shall  issue  to  the  applicant  a  license.  All 
such  licenses  shall  contain  the  following  proviso:  Provided  that  this  license  does  not 
authorize  the  holder  hereof  to  manufacture,  sell,  deal  in  or  furnish  any  oleomargarine, 
or  similar  substances  designed  to  be  used  as  a  substitute  for  butter,  which  contain  any 
coloring  matter  or  which  resemble  yellow  butter  in  appearance.  All  said  licenses  shall 
expire  on  June  30th  of  each  year,  and  may  be  issued  in  periods  of  one  year,  or  less  than 
one  year,  upon  payment  of  a  proportionate  part  of  the  license  fee.  The  fees  for  issuing 
said  licenses  are  hereby  fixed  at  the  amounts  below  named,  annually.  The  fee  for  issu- 
ing said  license  to  manufacturers  of  any  of  said  substances  within  this  state  shall  be 
one  hundred  dollars,  and  if  issued  to  wholesale  dealers  in,  or  importers  or  agents  for 
importers  of  any  of  said  substances  the  fee  shall  be  fifty  dollars,  and  if  issued  to  retail 
dealers  in  any  of  said  substances  the  fee  shall  be  five  dollars,  and  if  issued  to  the  keeper 
of  any  hotel,  restaurant,  boarding-house  or  other  place  where  meals  are  served  and 
payment  is  received  therefor,  either  immediately  or  by  the  day,  week  or  month,  the  fee 
shall  be  two  dollars.  The  term  "wholesale  dealer,"  as  used  in  this  section  22  hereof 
includes  all  persons,  firms  or  corporations,  who  sell  any  of  said  substances  in  quantities 
of  ten  pounds  or  more  at  a  time  or  in  the  same  transaction.  The  term  retail  dealer 
includes  all  persons  who  sell  only  in  quantities  of  less  than  ten  pounds.  All  licenses, 
while  in  force,  shall  be  kept  conspicuously  displayed  in  the  place  of  business  of  the 
party  or  parties  to  whom  they  have  been  issued. 

It  shall  be  unlawful  for  any  person,  firm  or  corporation,  to  manufacture,  buy,  sell, 
deal  in,  or  furnish  to  his,  its  or  their  patrons,  or  to  have  in  possession,  for  any  pur- 
pose whatsoever  other  than  for  consumption  in  his  own  family,  or  for  transportation 
in  case  of  a  boat  or  railroad  company,  or  for  the  purpose  of  storage  in  case  of  a  ware- 
house or  cold  storage  company,  any  oleomargarine,  or  similar  substance  designed  to  be 
used  as  a  substitute  for  butter,  or  any  substance  resembling  butter,  but  not  made  wholly 
from  pure  milk  or  cream,  or  any  imitation  butter,  or  adulterated  butter,  or  renovated 
butter,  as  in  this  act  defined,  without  first  having  applied  for  and  obtained  from  the 
state  dairy  bureau  of  the  state  of  California,  the  license  herein  required. 


509  DAIRIES.  Act  1167,  §§  23-35 

Disposition  of  fees. 

$  23.  All  license  fees  paid  to  the  state  dairy  bureau  under  this  act  shall  be  paid  by 
said  bureau  into  the  state  treasury,  and  shall  be  added  to  the  appropriation  made  for 
the  same  fiscal  year  for  the  state  dairy  bureau,  and  its  expenditure  shall  be  at  the 
disposal  of  said  bureau  for  its  use. 

Records  of  sales,  etc.,  of  oleomargarine.    Records  open  to  inspection.    Failure  to  keep 
records  a  misdemeanor. 

$  24.  Every  person,  firm,  or  corporation  who  is  required  by  the  provisions  of  sec- 
tion 22  hereof  to  obtain  and  hold  a  manufacturer's  or  a  wholesaler's  or  importer's 
license  shall  keep  a  correct  record  in  a  form  separate  from  all  other  business  in  which 
every  sale  and  purchase  of  renovated  butter,  imitation  butter,  oleomargarine,  or  any 
substitute  for  butter  or  substance  designed  to  be  used  as  a  substitute  for  butter,  or 
resembling  butter,  which  substance  is  not  made  wholly  from  pure  milk  or  cream,  or  any 
imitation  cheese  or  imitation  dairy  products  of  any  kind,  shall  be  recorded  at  the  time 
of  the  transaction,  giving  in  detail  the  quantity  sold  or  purchased,  the  name  and  loca- 
tion of  the  buyer  or  seller,  the  date,  and  the  place  to  which  it  was  shipped  or  delivered, 
and  by  whom  the  order  or  sale  was  put  up  and  delivered.  Every  warehouse,  cold 
storage  company,  boat,  railroad  or  other  transportation  company  shall  keep  a  correct 
record  of  all  oleomargarine,  imitation  butter,  renovated  butter,  substitute  for  butter, 
imitation  cheese,  or  other  imitation  dairy  products,  which  at  any  time  may  be  in  their 
possession,  or  which  may  be  transported  or  stored  by  them,  showing  the  owner,  the 
quantity  and  kind  of  goods,  the  date  when  stored,  and  when  removed,  in  ease  of  ware- 
houses and  cold  storage  companies,  and  showing  the  character  of  goods  billed,  the 
quantity,  the  name  and  address  of  consignor  and  consignee,  and  the  date  of  transpor- 
tation, in  case  of  boats  and  railroad  companies.  All  said  records,  herein  required  to  be 
kept,  shall  at  all  times  during  business  hours,  be  open  to  the  inspection  of  the  agents 
and  inspectors  of  the  state  dairy  bureau,  and  of  any  officer  of  any  city  or  county  board 
of  health,  and  of  any  peace  officer  of  any  oity  or  any  county  of  the  state.  A  failure  to 
keep  any  of  the  records  herein  required  to  be  kept  or  to  permit  the  inspection  of  such 
records,  by  any  inspector  or  agent  of  the  state  dairy  bureau,  or  of  any  city  or  county 
board  of  health,  or  hy  any  peace  officer  of  any  city  or  county,  as  herein  required,  is 
hereby  declared  to  be  a  misdemeanor,  and  punishable  as  provided  herein. 

Weighing  and  sampling  milk. 

^  25.  It  shall  be  unlawful  for  any  hauler  of  milk,  or  cream,  or  any  person,  firm  or 
corporation  receiving  or  purchasing  milk  or  cream  by  weight  or  test  or  both,  or  by 
measure  or  test  or  both,  to  fraudulently  manipulate  the  weight,  measure  or  test  of 
milk  or  cream  of  any  person  or  to  take  unfair  samples  thereof,  or  to  fraudulently 
manipulate  such  samples.  The  hauler  or  other  agent  shall  weigh  or  measure  the  milk 
or  cream  of  each  patron  accurately  and  correctly  and  shall  report  such  weight  or 
measurements  accurately  and  correctly  to  the  creamery  or  factory.  He  shall  thor- 
oughly mix  the  milk  or  cream  of  each  patron  by  pouring  or  stirring  until  such  milk 
or  cream  is  uniform  and  homogeneous  in  richness,  before  the  sample  is  taken  from 
such  milk  or  cream.  When  the  weighing  or  sampling  is  done  at  the  creamery,  ship- 
ping station  or  factory,  the  same  rule  shall  apply. 

Testing  milk.    Tester  licensed  by  state  dairy  bureau. 

It  shall  be  unlawful  for  any  person,  firm  or  corporation,  by  himself  or  as  the  agent, 
servant,  employee  or  officer  of  any  person,  firm  or  corporation  receiving  or  purchasing 
milk  or  cream  on  the  basis  of  the  amount  of  butter  fat  contained  therein,  to  under-read, 
over-read  or  otherwise  fraudulently  manij^ulate  the  Babcock  test  used  for  determining 
the  per  cent  of  butter  fat  in  milk  or  cream,  or  to  falsify  the  records  thereof  or  to  read 
the  test  at  any  other  temperature  than  the  correct  one,  which  is  one  hundred  thirty 


ActllCT,  §20  GEXERAI^   LAWS.  510 

degrees  to  one  hundred  forty  degrees  Fahrenheit,  or  to  pay  on  the  basis  of  any  measure- 
ment or  -weight  except  the  true  meas\ireraent  or  weight,  which  is  seventeen  and  six- 
tenths  cubic  centimeters  for  milk  and  nine  grams  or  eighteen  grams  for  cream;  pro- 
vided, that  in  all  tests  for  cream  the  cream  shall  be  weighed  into  the  test  bottle.  All 
testing  of  milk  or  cream  purchased  on  the  basis  of  the  amount  of  butter  fat  contained 
therein,  shall  be  done  by  a  licensed  tester  which  shall  supervise  and  be  responsible  for 
the  operation  of  the  Babeock  tost  of  milk  or  cream.  The  license  shall  be  issued  to  such 
person  by  the  state  dairy  bureau  whose  duty  it  shall  be  to  examine  into  the  qualifica- 
tions of  all  applicants  for  such  license,  and  every  such  applicant  shall  satisfy  said 
bureau  of  his  qualifications  and  comply  with  the  provisions  herein  before  any  license 
shall  be  issued  to  him. 

License  to  receive  milk  on  "basis  of  butter  fat  contained. 

Every  creamery,  shipping  station,  milk  factory,  cheese  factory,  ice  cream  factor^', 
condensory,  or  any  person,  firm  or  corporation  receiving  or  purchasing  milk  or  cream  on 
the  basis  of  butter  fat  contained  therein,  shall  be  required  to  hold  a  license  so  to  do. 
The  license  shall  be  issued  to  such  creamerj',  shipping  station,  milk  factory,  condensorj% 
ice  cream  factory,  cheese  factory,  or  person,  firm  or  corporation  by  the  state  dairy 
bureau  upon  complying  with  all  sanitary  laws,  rules  and  regulations  of  the  state  of  Cali- 
fornia and  upon  complying  with  the  provisions  of  this  act  and  upon  payment  of  a 
license  fee  as  provided  for  in  this  section. 

License  valid  one  year. 

All  licenses  required  herein  shall  expire  on  the  thirty-first  day  of  December  of  each 
year  and  the  fee  for  issuing  same  shall  be  one  dollar  for  a  full  year  or  twenty-five 
cents  for  each  remaining  quarter  or  fraction  thereof.  The  licenses  may  be  revoked  by 
the  state  dairy  bureau  if,  after  due  notice,  the  licensee  fails  or  has  failed  to  comply 
with  the  laws,  rules,  and  regulations  under  which  the  license  was  granted;  provided, 
that  the  provisions  of  this  section  shall  not  apply  to  individuals,  hotels,  restaurants, 
or  boarding  houses  buying,  milk  or  cream  for  private  use. 

License  fees  to  be  paid  into  state  treasury. 

The  money  for  license  fees  as  provided  for  in  this  section  shall  be  paid  by  the  state 
dairy  bureau  into  the  state  treasury  and  shall  become  a  part  of  the  funds  for  the  use 
of  the  state  dairy  bureau.  [Amendment  of  May  5,  1919.  In  effect  July  22,  1919. 
Stats.  1919,  p.  298.] 

The  original  section  25  was  repealed  June  1,  1917,  Stats.  1917,  p.  1657;  and  a  new  section 
25  was  added  by  the  same  act. 

Inspection  of  Babeock  test  bottles.    Fee  for  testing. 

^'  26.  Every  person,  firm  or  corporation  receiving  or  purchasing  milk  or  cream  on 
the  basis  of  the  amount  of  butter  fat  contained  therein  as  detemiined  by  the  Babeock 
test,  shall  use  the  standard  Babeock  test  bottles,  pipettes  and  accurate  weights  and 
scales  as  defined  in  this  act,  and  all  Babeock  test  bottles  and  pipettes  shall  have  been 
inspected  for  accuracy  by  the  state  dairy  bureau  or  its  agent  and  shall  be  legibly  and 
indelibly  marked  by  the  state  dairy  bureau  or  its  agent  with  the  letters  "D.  B. " 

It  shall  be  unlawful  for  any  firm  or  corporation  or  any  of  their  agents  to  use  any 
other  than  standard  test  bottles  and  j^ipettes  which  have  been  examined  and  marked  as 
provided  by  this  section,  to  determine  the  amount  of  fat  in  milk  or  cream  received  or 
purchased  on  the  butter  fat  basis. 

For  all  testing  of  glassware  by  the  said  state  dairy  bureau  or  its  agent,  a  fee  of  five 
cents  shall  be  paid  by  the  owner  of  said  glassware  to  the  state  dairy  bureau  for  every 
piece  of  glassware  so  examined,  and  said  fee  shall  be  used  by  the  state  dairy  bureau  to 


DAIRIES. 


to  defray  the  cost  of  testing  such  glassware.     [New  section  added  June  1,  191  r.     In 
effect  July  31,  1917.     Stats.  1917,  p.  1659.] 

The  original  section  26  was  repealed  June  1,  1917,  Stats.  1917,  p.  1657,  and  a  new  section 
added  by   the  same  act. 

Specifications  for  standard  Babcock  testing  glassware. 

§  27.  The  term  "standard  Babcock  testing  glassware"  shall  apply  to  glassware  and 
weights  eomplj'ing  to  the  following  specifications:  (a)  Graduation  for  milk  test  bottles. 
The  total  per  cent  graduation  shall  be  eight.  The  graduated  portion  of  the  neck  shall 
have  a  length  of  not  less  than  sixty-three  and  five-tenths  millimeters  (two  and  one-half 
inches)  and  the  graduation  shall  represent  whole  per  cent,  five-tenths  per  cent,  and 
tenths  per  cent.  The  tenths  per  cent  graduation  shall  not  be  less  than  three  millimeters 
ill  length;  the  five-tenths  per  cent  graduation  shall  be  one  millimeter  longer  than  the 
tenths  per  cent  graduations,  projecting  one  millimeter  to  the  left;  the  whole  per  cent 
graduations  shall  extend  at  least  one-half  way  around  the  neck  to  the  right  and  pro- 
jecting two  millimeters  to  the  left  of  the  tenths  per  cent  graduations.  Each  per  cent 
graduation  shall  be  numbered,  the  number  being  placed  on  the  left  of  the  scale.  The 
error  at  any  point  of  the  scale  shall  not  exceed  one-tenth  per  cent. 

The  neck  shall  be  cylindrical  and  the  cylindrical  shape  shall  extend  for  at  least 
nine  millimeters  below  the  lowest  and  above  the  highest  graduation  mark.  The  top  of 
the  neck  shall  be  flared  to  a  diameter  of  not  less  than  ten  millimeters. 

The  capacity  of  the  bulb  up  to  the  junction  of  the  neck  shall  not  be  less  than  forty - 
five  cubic  centimeters.  The  shape  of  the  bulb  may  be  either  cjdindrical  or  conical  with 
the  smallest  diameter  at  the  bottom.  If  cylindrical,  the  outside  diameter  shall  be 
between  thirty-four  and  thirty-six  millimeters;  if  conical,  the  outside  diameter  of  the 
base  shall  be  between  thirty-one  and  thirty-three  millimeters,  and  the  maximum 
diameter  between  thirty-five  and  thirty-seven  millimeters.  The  charge  of  the  bottle 
shall  be  eighteen  grams.  The  total  height  of  the  bottom  shall  be  between  one  hundred 
fifty  and  one  hundred  sixty-five  millimeters  (five  and  seven-eighths  and  six  and  one- 
half  inches). 

(b)  Two  types  of  bottles  shall  be  accepted  as  standard  cream  test  bottles,  a  fifty 
per  cent  nine  gram  long-neck  bottle,  and  a  fifty  per  cent  eighteen  gram  long-neek  bottle. 

Fifty  per  cent,  nine  gram,  long-neck  bottle:  Graduation — The  total  per  cent  gradu- 
ation shall  be  fifty.  The  graduated  portion  of  the  neck  shall  have  a  length  of  not  less 
than  one  hundred  twenty  millimeters  (four  and  three-quarters  inches).  The  gradua- 
tion shall  represent  five  per  cent,  one  per  cent  and  five-tenths  per  cent.  The  five  per 
cent  gi-aduations  shall  extend  at  least  half  way  around  the  neck  (to  the  right).  The 
five-tenths  per  cent  gi-aduations  shall  be  at  least  three  millimeters  in  length  and  the  one 
per  cent  graduations  shall  have  a  length  intermediate  between  the  five  per  cent  and  the 
five-tenths  per  cent  graduations.  Each  five  per  cent  graduation  shall  be  numbered,  the 
number  being  placed  on  the  left  of  the  scale. 

Neck — The  neck  shall  be  cylindrical  and  of  uniform  internal  diameter  throughout. 
The  cylindrical  part  of  the  neck  shall  extend  at  least  five  millimeters  below  the  lowest 
and  above  the  highest  graduation  mark.  The  top  of  the  neck  shall  be  flared  to  a 
diameter  of  not  less  than  ten  millimeters. 

Bulb — The  capacity  of  the  bulb  up  to  the  junction  of  the  neck  shall  not  be  less 
than  forty-five  cubic  centimeters.  The  shape  of  the  bulb  may  be  either  cylindrical  or 
conical  with  the  smallest  diameter  at  the  bottom.  If  cylindrical  the  outside  diameter 
shall  be  between  thirty-four  and  thirty-six  millimeters;  if  conical,  the  outside  diameter 
of  the  base  shall  be  between  thirty-one  and  thirty-three  millimeters  and  the  maximum 
diameter  between  thirty-five  and  thirty-seven  millimetei'S. 

The  charge  of  the  bottle  shall  be  nine  grams.  All  bottles  shall  bear  on  top  of  the 
neck  above  the  graduations,  in  plain  legible  characters,  a  mark  defining  the  weight  of 
the  charge  to  be  used  (9  grams). 


Act  1167,  §28  GENERAL   LAWS.  513 

The  total  height  of  the  bottle  shall  be  two  hundred  ten  to  two  hundred  thirty-five 
millimeters  (eight  and  one-fourth  to  nine  and  one-quarter  inches)  and  the  maximum 
error  in  the  total  graduation  or  in  any  part  thereof  shall  not  exceed  fifty  per  cent  of 
the  volume  of  the  smallest  unit  of  the  graduation. 

The  fifty  per  cent,  eighteen  gram,  long-neck  bottle.  The  same  specifications  in  every 
detail  as  specified  for  the  fifty  per  cent,  nine  gram,  long-neck  bottle,  shall  apply,  with 
the  exception  that  the  charge  of  the  bottle  shall  be  eighteen  grams,  and  the  mark 
defining  the  weight  of  the  charge  placed  at  the  top  of  the  neck  shall  be  eighteen. 

The  total  length  of  the  standard  Babeock  pipette  shall  be  not  more  than  three  hundred 
thirty  millimeters  (thirteen  and  one-fourth  inches).  Outside  diameter  of  suction  tube, 
six  to  eight  millimeters.  Length  of  suction  tube,  one  hundred  thirty  millimeters. 
Outside  diameter  of  delivery  tube  four  and  five-tenths  to  five  and  five-tenths  milli- 
meters. The  length  of  delivery  tube  one  hundred  to  one  hundred  twenty  millimeters. 
Distance  of  graduation  mark  above  bulb,  thirty  to  sixty  millimeters.  Nozzle  straight. 
Delivery  seventeen  and  six-tenths  cubic  centimeters  of  water  at  twenty  degrees  centi- 
grade in  five  to  eight  seconds. 

The  sensibility  of  all  scales  used  for  weighing  cream  samples  into  the  test  bottles 
shall  be  not  more  than  thirty  milligrams  and  the  standard  weights  shall  be  nine  grams 
and  eighteen  grams. 

Speed  of  tester. 

In  all  testing  of  milk  or  cream  where  the  same  is  received  or  purchased  upon  the  basis 
of  the  amount  of  butter  fat  contained  therein  the  Babeock  tester  shall  be  operated  at 
the  proper  speed,  which  is  as  follows : 

For  tester  with  diameter  of  fourteen  inches  the  speed  shall  be  between  eight  hundred 
twenty-five  and  nine  hundred  seventy-five  revolutions  per  minute. 

For  tester  with  diameter  of  sixteen  inches,  the  speed  shall  be  between  eight  hundred 
twenty-five  and  eight  hundred  seventy-five  revolutions  per  minute. 

For  tester  with  diameter  of  eighteen  inches,  the  speed  shall  be  between  seven  hun- 
dred seventy-five  and  eight  hundred  twenty-five  revolutions  per  minute. 

For  tester  with  diameter  of  twenty  inches,  the  speed  shall  be  between  seven  hundred 
twenty-five  and  seven  hundred  seventy-five  revolutions  per  minute. 

For  tester  with  a  diameter  of  twenty-four  inches,  the  speed  shall  be  between  five 
hundred  seventy-five  and  six  hundred  twenty-five  revolutions  per  minute.  (Amend- 
ment of  May  5,  1919.     In  effect  July  22,  1919.     Stats.  1919,  p.  300.) 

The  original  section  27  was  repealed  June  1,  1917,  Stats.  1917,  p.  1657,  and  a  new  sec- 
tion 27  added  by  the  same  act.  Stats.  1917,  p.  1659. 

Unlawful  to  sell  adulterated  milk.     "Product  of  milk."    Labels  to  conform.    Unlaw- 
ful to  use  "milk,"  etc.,  when  articles  to  not  conform. 

$  28.  It  shall  be  unlawful  for  any  person  to  produce,  manufacture  or  prepare  for 
sale,  or  to  sell  or  offer  for  sale,  or  have  on  hand  for  sale,  any  milk,  including  con- 
densed or  evaporated  milk,  or  any  product  of  milk,  that  is  adulterated  within  the 
meaning  of  this  act.  The  words  "product  of  milk"  as  used  in  this  act,  shall  not  apply 
to  any  product  into  which  milk,  or  a  product  of  milk,  may  enter  as  an  ingredient  or 
component  of  a  food  product  that  does  not  consist  of  milk,  or  milk  products  alone, 
such  as  pastry,  and  confectionery;  provided,  that  this  section  shall  not  be  construed 
to  prevent  the  use  of  common  salt  (chloride  of  sodium)  in  dairy  products.  Any  label, 
printed  matter,  or  advertising  or  descriptive  matter  appearing  upon,  or  in  connection 
with  any  package,  parcel  or  quantity  of  milk  or  milk  products  when  being  sold, 
offered  for  sale,  or  having  on  hand  for  sale,  and  having  reference  to  the  article  being 
sold,  offered  for  sale,  or  on  hand  for  sale,  shall  conform  to  the  provisions  of  this  act. 
.and  if  it  fails  to  conform  to  the  provisions  of  this  act,  such  article  shall  be  deemed 


613  DAIRIES.  Act  1167,  §  28 

adulterated  "within  the  meaning  of  this  act.  It  shall  be  unlawful  for  any  person  under 
this  act,  when  selling,  or  offering  for  sale,  or  having  on  hand  for  sale,  milk  or  any 
product  of  milk  to  use  the  words  "milk,"  "condensed  milk,"  "sweetened  condensed 
milk,"  "skim  milk,"  "condensed  skimmed  milk,"  "evaporated  cream,"  "cream," 
"butter,"  "cheese,"  "buttermilk,"  "ice-cream,"  or  "ice  milk,"  either  verbally,  or 
printed  or  written  on  any  label  or  printed  matter,  in  connection  with  the  sale,  or  offering 
for  sale,  or  having  on  hand  for  sale,  of  milk  or  any  product  of  milk,  or  upon  any  bill  of 
fare  used  in  any  hotel,  restaurant  or  other  places  where  meals  are  served,  when  the 
article  shall  not  conform  to  the  standards  and  provisions  of  section  29  of  this  act. 

Definitions  and  standards. 

§  29.  Milk  and  the  products  of  milk  enumerated  in  this  section  shall  be  deemed 
adulterated  within  the  meaning  of  this  act  if  it  or  they  shall  not  conform  to  the  follow- 
ing definitions  and  standards: 

Milk. 

(1)  Milk  is  the  fresh,  clean,  lacteal  secretion  all  parts  of  which  within  forty-eight 
hours,  if  raw,  and  within  sixty  hours,  if  pasteuiized,  last  prior  to  its  delivery  to  the 
consumer  or  purchaser  shall  have  been  obtained  from  the  udder  by  the  complete  milking 
of  one  or  more  healthy  cows,  properly  fed  and  kept,  excluding  that  obtained  within 
fifteen  da3^s  before  and  five  days  after  calving,  and  contains  not  less  than  three  per 
cent  of  milk  fat,  and  not  less  than  eight  and  five-tenths  per  cent  of  solids — not  fat. 

Skim  milk. 

(2)  Skim  milk  is  milk  from  which  a  part  or  all  of  the  cream  has  been  removed  and 
contains  not  less  than  eight  and  eight-tenths  per  cent  of  milk  solids. 

Condensed  milk. 

(3)  Condensed  milk  or  evaporated  milk,  is  milk  from  which  a  considerable  portion  of 
water  has  been  evaporated.  The  standard  of  purity  of  condensed  milk  and  evaporated 
milk. shall  be  than  proclaimed  and  established  by  the  secretary  of  the  United  States 
department  of  agriculture. 

Condensed  skim  milk. 

(4)  Condensed  skim  milk  is  skim  milk  from  which  a  considerable  portion  of  water 
has  been  evaporated,  and  contains  not  less  than  eighteen  per  cent  of  milk  solids. 

Cream. 

(5)  Cream  is  that  portion  of  milk,  rich  in  milk  fat  which  rises  to  the  surface  of  milk 
on  standing,  or  is  separated  from  it  by  centrifugal  force,  is  fresh  and  clean  and  contains 
not  less  than  eighteen  per  cent  of  milk  fat. 

Evaporated  cream. 

(6)  Evaporated  cream,  or  clotted  cream,  is  cream  from  which  a  considerable  portion 
of  water  has  been  evaporated. 

Milk  fat. 

(7)  Milk  fat,  or  butter  fat,  is  the  fat  of  milk  and  has  a  Reichert-Meissel  number 
not  less  than  twenty-four  and  a  specific  gravity  not  less  than  .905  (40  degrees  C). 

Butter. 

(8)  Butter  is  the  clean,  non-rancid  product  made  by  gathering  in  any  manner  the 
fat  of  fresh  or  ripened  milk  or  cream  into  a  mass,  which  also  contains  a  small  portion 
of  the  other  milk  constituents,  with  or  without  salt,  and  a  harmless  coloring,  and 
contains  not  less  than  eighty  per  cent  of  milk  fat. 

Gen  Laws — 33 


Act  1167,  §29  GENERAL.  LAWS.  514 

Cheese. 

(9)  Cheese  is  the  sound,  solid,  and  ripened  product  made  from  milk  or  cream,  by 
coagulating  the  casein  thereof  with  rennet  or  lactic  acid,  with  or  without  the  addition 
of  ripening  ferments  and  seasoning,  and  with  or  without  salt  and  hannless  coloring 
matter.  All  cheese  marked  "Full  cream  cheese,"  or  "Full  milk  cheese,"  must  con- 
tain in  the  water-free  substance,  not  less  than  fifty  per  cent  of  milk  fat.  All  cheese 
marked  "Half  skim  cheese,"  must  contain  in  the  water-free  substance  not  less  than 
twenty-five  per  cent  of  milk  fat.  All  cheese  not  j^lainly  marked  or  branded  as  to  its 
quality  must  contain  in  the  water-free  substance  not  less  than  fifty  per  cent  of  milk  fat. 

Buttermilk. 

(10)  Buttermilk  is  that  portion  of  the  cream  which  remains  after  the  separation  and 
removal  therefrom  of  the  butter  fat  in  the  process  of  churning,  without  the  addition  of 
water. 

Ice  cream. 

(11)  Ice  cream  is  the  frozen  product,  made  from  pure  sweet  milk  or  condensed  milk 
or  cream  and  sugar  with  or  without  a  harmless  flavoring  or  coloring,  and  contains  not 
less  than  ten  per  cent  of  milk  fat,  and  not  more  than  six-tenths  of  one  per  cent  of  pure 
and  hannless  vegetable  gum  or  gelatin. 

Fruit  ice  cream. 

(12)  Fruit  ice  cream  is  the  frozen  product  naade  from  pure  sweet  cream,  sugar,  and 
sound,  clean,  mature  fruits,  and  contains  not  less  than  eight  per  cent  of  milk  fat,  and 
not  more  than  six-tenths  of  one  per  cent  of  pure  and  harmless  vegetable  gum  or 
gelatin. 

Nut  ice  cream. 

(13)  Nut  ice  cream  is  the  frozen  product  made  from  pure,  sweet  cream,  sugar,  and 
sound,  non-rancid  nuts,  and  contains  not  less  than  eight  per  cent  of  milk  fat,  and  not 
more  than  six-tenths  of  one  per  cent  of  pure  and  harmless  vegetable  gum  or  gelatin. 

Ice  milk. 

(14)  Ice  milk  is  the  frozen  product,  containing  less  fat  than  ice  cream,  and  made 
from  pure,  sweet  milk  and  sugar,  with  or  without  a  harmless  flavoring  or  coloring,  and 
contains  not  less  than  two  and  four-tenths  per  cent  of  milk  fat,  and  not  more  than 
six-tenths  of  one  per  cent  of  pure  and  harmless  vegetable  gum  or  gelatin. 

Pasteurization.    Repasteurization  forbidden. 

(15)  The  process  of  pasteurization,  as  applied  to  milk,  skim  milk,  cream  and  milk 
products,  is  hereby  defined  to  be  a  process  for  the  elimination  therefrom  of  organisms 
harmful  to  human  beings,  which  process  shall  consist  of  uniformly  heating  such  milk, 
skim  milk  or  cream,  as  the  case  may  be,  to  a  temperature  of  not  less  than  one  hundred 
forty  degrees  Fahrenheit  and  of  holding  the  same  at  the  said  temperature  for  a  period 
of  not  less  than  twenty-five  minutes,  and  immediately  thereafter  of  cooling  the  same 
to  a  temperature  of  not  above  fifty  degrees  Fahrenheit;  provided,  that  when  cream 
is  pasteurized  to  be  used  and  is  used  in  the  manufacture  of  butter,  or  when  milk  is 
pasteurized  to  be  used  and  is  used  in  the  manufacture  of  cheese,  and  where  the  process 
of  ripening  or  starting  in  each  case  is  to  be  commenced  immediately,  then  it  shall  not 
be  required  that  such  cream  or  milk  be  cooled  to  a  lower  degree  than  is  necessary  for 
such  ripening  or  starting.  All  pasteurized  cream  or  milk  used  in  the  manufacture  of 
pasteurized  butter  and  cheese,  respectively,  shall  be  pasteurized  at  and  in  the  plant 
where  such  butter  or  cheese,  as  the  case  may  be,  is  manufactured  therefrom.  Repas- 
teurization of  any  milk  is  hereby  expressly  forbidden. 


615  DAIRIES.  Act  1167,  §§  30-3ob 

Pasteurization  apparatus  to  "be  kept  clean. 

Also  all  apparatus  used  for  the  pasteurization  of  milk,  skim  milk  or  cream  shall 
be  kept  in  strictly  clean  and  sanitary  condition  and  shall  be  equipped  with  a  recording 
thermometer  device  which  will  accurately  record  the  temperature  to  which,  and  the 
length  of  time  for  which  the  pasteurized  product  has  been  heated.  All  recording 
thermometer  devices  used  in  the  pasteurization  of  any  such  milk,  skim  milk  or  cream 
must  be  approved  by  and  at  all  times  subject  to  the  approval  of  the  state  dairy  bureau, 
the  state  board  of  health,  and  of  all  other  state,  county  and  municipal  officers  charged 
with  the  enforcement  of  laws  and  ordinances  respecting  dairy  i^roduets  or  the  public 
health;  and  all  persons,  firms  or  corporations  using  pasteurizing  apparatus  within  the 
state  of  California  shall  preserve  and  keep  on  file,  for  a  period  of  not  less  than  two 
months  after  the  same  are  made,  all  records  made  by  such  thermometer,  or  in  lieu  of 
such  preservation  may  deliver  such  records  to  any  public  officer  authorized  by  law  or 
ordinance  to  receive  the  same,  and  said  records  shall,  at  all  times,  be  open  to  the 
inspection  of  the  state  dairy  bureau,  the  state  board  of  health,  and  of  all  other  state, 
county  and  municipal  officers  charged  with  the  enforcement  of  laws  and  ordinances 
respecting  dairy  products  or  the  public  health.  [Amendment  of  May  4,  1915.  In  effect 
August  8,  1915.   Stats.  1915,  p.  333.] 

Unlawful  to  sell  skimmed  milk  not  properly  laheled. 

5  30.  It  shall  be  unlawful  for  any  person,  firm  or  corporation  to  sell,  exchange  or 
deliver,  or  to  offer  for  sale,  exchange  or  delivery,  or  to  cause  or  permit  to  be  sold, 
exchanged  or  delivered,  or  to  be  offered  for  sale,  exchange  or  delivery,  or  to  have  in 
possession  for  sale,  exchange  or  delivery,  any  milk  from  which  any  part  of  the  cream 
shall  have  been  removed,  or  any  skimmed  milk,  unless  the  same  be  offered  for  sale 
and  sold  as  skimmed  milk,  or  unless  there  shall  be  attached  to  the  outside  of  every 
vessel,  can  or  package  from  or  in  which  such  skimmed  milk  is  sold  or  held  for 
exchange  or  delivery,  a  tag  upon  which  shall  be  printed  in  black  letters  at  least  one 
inch  in  height  the  word  "skim"  or  the  words  "skimmed  milk." 

Rules  and  standards  for  marketing. 

§  30a.  The  following  rules  and  standards  must  be  observed  bv  all  persons,  firms 
or  corporations  engaged  in  the  preparation  of  dairy  products  for  market  or  delivery 
thereto : 

(1)  The  owner's  name,  or  other  identification  mark,  the  nature  of  which  shall  be 
made  known  to  the  dairy  inspectors  shall  appear  permanently  and  in  a  consi^ieuous 
place  on  or  be  attached  to  every  milk  or  cream  bottle,  can  or  container. 

(2)  All  milk,  cream  and  ice  cream  cans,  bottles  and  containers  shall  be  kept  clean 
and  shall  be  thoroughly  washed  and  sterilized  after  each  using.  [New  section  added 
May  5,  1919.    In  effect  July  22,  1919.    Stats.  1919,  p.  284.] 

Standards  for  carriers. 

$  30b.  All  carriers  of  dairy  products,  whether  producer,  gratuitous  private  carrier 
other  than  the  producer,  private  carrier  for  hire,  or  common  carrier,  in  transporting 
milk  and  cream  shipping  containers  shall  observe  and  maintain  the  following  standard : 

(1)  All  cars  or  other  vehicles,  while  hauling  milk  or  cream,  shall  be  kept  clean  and 
all  containers  shall  be  so  covered  as  to  protect  the  milk  or  cream  at  all  times  from  dust 
and  from  the  rays  of  the  sun. 

(2)  All  milk  or  cream  cans  or  other  shipping  containers,  while  containing  milk, 
cream,  or  other  dairy  products,  shall  be  handled  carefully,  and  kept  right  end  up. 

(3)  Every  vehicle,  railway  car  or  boat  in  which  milk  or  ci'eam  is  transported  shall  be 
kept  in  a  sanitary  condition.  Every  vehicle  and  every  boat  transporting  milk  or  cream 
either  shall  be  enclosed  or  shall  provide  canvas  covering  to  protect  the  milk  and  cream  at 


Act  11C7.  §§30c-3i  GENERAL   LAWS.  516 

all  times  from  the  sun  or  from  the  outside  warm  air,  except  only  while  taking  on  or 
discharging  freight.  No  fowls,  fresh  meat  or  other  contaminating  things  shall  be  kept 
or  carried  on  top  or  in  close  proximity  to  milk,  cream,  or  other  dairy  products. 

(4)  No  milk  or  cream  and  no  empty  cans,  bottles,  or  other  containers  shall  be  hauled 
in  any  vehicle  for  hauling  manure  or  garbage  or  in  any  other  unclean  vehicle,  car  or 
boat. 

(5)  Nothing  herein  shall  be  construed  to  derogate  from  any  powers  or  authority 
of  the  railroad  commission  of  the  state  of  California.  [New  section  added  May  5,  1919. 
In  effect  July  22,  1919.    Stats.  1919,  p.  284.] 

Rules  for  assembled  dairy  products. 

§  30c.  Persons  producing  or  marketing  assembled  dairy  products  must  conform  to 
the  following  rules :  All  the  ingredients  used  in  the  pi'oeess  of  assembling  must  conform 
to  all  the  standards  of  purity  set  for  such  ingredients  and  must  have  been  produced 
under  the  same  sanitary  conditions  and  regulations  required  for  the  production  of  milk 
and  cream  where  such  products  are  sold,  and  such  products  must  be  labeled  as  herein 
provided  for  assembled  products  in  imitation  of  milk,  cream  and  ice  cream. 

All  assembled  dairy  products  to  which  has  been  added  any  condensed  or  evaporated 
milk,  or  any  condensed  or  evaporated  skimmed  milk,  or  any  dry  milk  or  milk  powder 
or  any  skimmed  milk  or  skimmed  powder  or  any  butter  or  sweet  butter  or  dairy 
products  that  have  been  produced  by  the  mechanical  assembling  of  any  of  the  natural 
ingredients  of  milk  or  cream,  shall  be  so  labeled  on  each  container  thereof  with  tin? 
words  "Assembled  from  milk,  butter,  milk  powder,  skim  milk  or  other  milk  products," 
as  the  case  may  be,  correctly  naming  on  the  label,  bill  of  sale,  invoice  and  bill  of  fare, 
all  the  ingredients  used  in  such  assembled  goods,  in  plain  letters  of  the  English  lan- 
guage at  least  one-eight  of  an  inch  in  height;  and  no  other  names  or  prefixes  shall  be 
used  than  those  by  which  such  ingredients  are  separately  known  to  the  commercial 
trade.  [New  section  added  May  5,  1919.  In  effect  July  22,  1919.  Stats.  1919,  p. 
284.] 

Penalties. 

$  30d.  Any  person  who  violates  any  provision  of  section  thirty  c  of  this  act  or  who 
directs  or  knowingly  permits  in  employee  to  violate  any  of  said  provisions,  shall  be 
guilty  of  a  misdemeanor  and  upon  conviction  shall  be  punished  by  a  fine  of  not  less 
than  twenty-five  dollars  nor  more  than  two  hundred  dollars,  or  by  imprisonment  in  the 
county  jail  for  not  less  than  ten  days  nor  more  than  sixty  days,  or  by  both  such  fine 
and  imprisonment.  ^ 

Any  firm,  corporation,  society  or  association  which  violates  any  of  said  provisions 
shall  be  guilty  of  a  misdemeanor  and  upon  conviction  shall  be  fined  as  above  provided. 

In  the  event  an  officer,  director,  manager  or  managing  agent  of  any  firm,  corporation, 
society,  or  association  violates  any  of  the  provisions  of  section  thirty  c  of  this  act,  or 
directs  or  knowingly  permits  any  employee  to  violate  any  of  said  provisions,  sucli 
officer,  director,  manager  or  managing  agent  shall  be  guilty  of  a  misdemeanor  and  upon 
conviction  thereof  shall  be  punished  by  fine  or  imprisonment  or  both  as  above  provided ; 
and,  in  such  a  case,  the  firm,  coi-poi-ation,  society  or  association  shall  also  be  guilty  and 
upon  conviction  shall  be  fined  as  above  provided.  One-half  of  all  such  fines  shall  be 
paid  into  the  state  treasury  and  placed  to  the  credit  of  the  general  fund.  [New  section 
added  May  5,  1919.    In  effect  July  22,  1919.    Stats.  1919,  p.  285.] 

Milk  wagons,  etc.,  to  bear  name  of  owner. 

§  31.  All  wagons,  vehicles,  or  carts  from  which  market  milk,  cream,  butter,  ice 
cream,  buttermilk,  or  ice  milk  are  sold,  marketed,  delivered,  or  peddled,  shall  have 
the  name  and  address  of  the  owner  plainly  painted  thereon,  in  letters  at  least  three 
inches  high,  and  one  and  a  half  inches  wide,  on  both  sides  of  such  vehicle. 


I 


SIT  DAIRIES.  Act  11C7,  §g  32-34 

"Ice  milk"  to  "be  properly  labeled. 

$  32.  It  shall  be  unlawful  for  any  person,  firm  or  corporation  to  manufacture  for 
sale,  sell,  or  furnish  with  meals  or  drinks  which  are  sold,  any  frozen  edibles,  made 
principally  of  skimmed  milk,  or  principally  of  milk,  unless  the  same  shall  conform  to 
the  definitions  and  standards  herein  fixed  in  section  29  for  "ice  milk"  or  "ice  cream." 

Unlawful  to  use  borax,  etc.,  to  prevent  souring.     Adding  coloring,  etc. 

$  33.  It  shall  be  unlawful  for  any  person  to  produce,  manufacture  or  prepare  for 
sale,  or  to  sell,  or  to  offer  for  sale,  or  to  have  on  hand  for  sale,  any  milk,  or  product 
of  milk,  to  which  has  been  added,  or  that  may  contain,  any  compound  of  boron, 
salicylic  acid,  formaldehyde,  or  other  chemical  or  substance  for  the  pui^iose  of  pre- 
venting or  delaying  fermentation  or  souring.  It  shall  be  unlawful  for  any  person  to 
produce,  manufacture  or  prepare  for  sale,  or  to  sell,  or  to  offer  for  sale,  or  to  have  on 
hand  for  sale,  any  milk,  cream  or  condensed  milk  to  which  any  coloring  matter  has 
been  added  by  any  person,  or  to  which  any  gelatin  or  other  substance  has  been  added 
by  any  person  to  increase  the  consistency  of  such  milk,  cream  or  condensed  milk,  so  as 
to  make  such  milk,  cream  or  condensed  milk  appear  richer  or  of  better  quality;  pro- 
vided, that  this  section  shall  not  be  construed  to  prohibit  the  use  of  harmless  coloring 
matter  and  common  salt  (chloride  of  sodium)  in  butter  and  cheese. 

Unlawful  to  sell  ice  cream  not  conforming  to  standard.    Marking  ice  milk  receptacles. 

Marking  ice  milk  wagons.     Sellers  to  post  ice  milk  signs. 

§  34.  It  shall  be  unlawful  for  any  person,  firm  or  corporation,  manufacturing  any 
frozen  goods,  which  do  not  conform  to  the  standards  and  provisions  of  this  act  for  ice 
cream,  to  sell,  or  offer  to  sell,  or  represent  the  same  as  ice  cream,  or  under  the  name 
of  ice  cream;  and  all  frozen  goods  which  do  not  conform  to  the  standards  and 
requirements  of  this  act  for  "ice  ci'eam, "  but  which  do  confonn  to  the  standards  and 
requirements  for  "ice  milk"  herein,  for  the  purjoose  of  this  act,  shall  be  known  as 
"ice  milk,"  and  shall  be  sold  and  designated  as  "ice  milk,"  and  not  otherwise,  and 
shall  be  billed  as  "ice  milk,"  and  every  person,  firm  or  corporation  selling,  furnishing 
or  delivering  to  any  person  any  such  "ice  milk"  shall  distinctly  inform  the  pur- 
chaser at  the  time  in  each  and  every  instance  that  the  said  goods  are  "ice  milk."  The 
absence  of  such  declaration  shall  always  be  construed  as  a  representation  on  the  part 
of  the  vendor  that  the  goods  are  ice  cream. 

Every  tub,  receptacle  or  packer  in  which  there  shall  be  kept,  sold,  or  delivered,  at 
any  time,  any  "ice  milk,"  as  herein  defined,  shall  have  conspicuously  and  securely 
attached  thereto  a  durable  tag,  giving  the  name  and  address  of  the  manufacturer  or 
vendor  of  the  same,  and  containing  the  words  "ice  milk"  in  letters  at  least  one  inch 
high  and  one-half  inch  wide,  and  containing  no  other  reference  to  the  name  or  char- 
acter of  the  goods  therein  contained.  The  absence  of  such  tag  or  label  shall  always 
be  construed  as  a  representation  on  the  part  of  the  maker  or  vendor  that  said  goods 
are  ice  cream. 

Every  wagon,  vehicle  or  cart,  in  or  from  which  any  "ice  milk"  shall  be  sold,  fur- 
nished, delivered  or  peddled,  shall  have  plainly  and  dui-ably  painted  on  both  sides 
thereof,  the  name  and  address  of  the  owner,  in  letters  at  least  three  inches  high,  and 
one  and  a  half  inches  wide,  and  also  the. words  "ice  milk"  on  each  side  thereof,  in 
letters  at  least  four  inches  high,  and  two  inches  wide,  and  there  shall  be  no  other 
reference  to  the  name  or  character  of  the  goods  being  sold  or  delivered.  The  absence 
of  such  words  and  letters  shall  always  be  construed  as  a  representation  on  the  part 
of  the  owner  or  vendor  that  said  goods  are  ice  cream. 

Every  person,  firm  or  corporation,  who  sells,  keeps  for  sale,  delivers,  or  furnishes 
in  connection  with  meals,  or  in  connection  with  drinks,  or  otherwise,  any  ice  milk 
within  the  meaning  of  this  act,  to,  be  used  or  eaten  on  the  premises  where  sold    shall 


Act  1167,  §§  35, 36  GENERAL   LA^VS.  518 

keep  at  all  times  posted  or  Lung  in  at  least  two  conspicuous  places  within  the  premises, 
and  in  plain  view  of  the  public,  durable  signs  having  printed  or  painted  thereon  the 
words  "we  sell  ice  milk,"  or  "we  serve  ice  milk,"  in  letters  at  least  four  inches  high 
and  two  inches  wide.  The  absence  of  such  signs,  words  and  letters,  as  herein 
required  shall  alwaj's  be  construed  as  a  representation  on  the  part  of  the  owner,  or 
person  selling  or  serving  the  goods,  that  they  are  ice  cream.  It  shall  be  unlawful 
for  any  person,  firm  or  corporation  to  manufacture,  sell,  deliver,  furnish,  serve,  or 
keep  on  hand  any  ice  milk,  within  the  meaning  of  this  act,  unless  the  same  is  done  in 
compliance  with  all  the  requirements  hereof. 

Branding  cheese. 

$  35.  Every  person,  firm  or  corporation,  who  shall  manufacture  cheese  in  the  state 
of  California,  shall  at  the  place  of  manufacture,  brand  distinctly  and  durably  on  each 
and  every  cheese  manufactured,  and  upon  the  package  or  box,  when  shipped,  the  grade 
of  cheese  manufactured,  as  follows:  "full-cream  cheese,"  or  "half -skim  cheese,"  or 
"skim  cheese." 

Dairy  bureau  to  issue  brands. 

All  brands  for  branding  the  different  grades  of  cheese  shall  be  procured  from  the 
state  dairy  bureau,  and  said  bureau  is  hereby  directed  and  authorized  to  issue  to  all 
persons,  firms  or  corporations,  upon  application  therefor,  uniform  brands,  consecu- 
tively numbered,  of  the  different  grades  specified  in  this  section.  The  state  dairy 
bureau  shall  keep  a  record  of  each  and  every  brand  issued,  and  the  name  and  location 
of  the  manufacturer  receiving  the  same.  No  manufacturer  of  cheese  in  the  state  of 
California  other  than  the  one  to  whom  such  brand  is  issued,  shall  use  the  same,  and  in 
case  of  a  change  of  location,  the  party  shall  notify  the  bureau  of  such  change. 

Grades  of  cheese  defined.    Unlawful  to  sell  without  brand. 

The  different  grades  of  cheese  are  hereby  defined  as  follows:  First:  Such  cheese 
only  as  shall  have  been  manufactured  from  pure  milk,  and  from  which  no  portion  of  the 
butter  fat  has  been  removed  by  skimming  or  otherwise,  and  having  not  less  than  fifty 
per  cent  of  butter  fat  in  its  water-free  substance,  which  shall  be  conspicuously  branded 
as  "full-cream  cheese."  Second:  Such  cheese  only  as  shall  have  been  made  from  pure 
milk,  and  having  not  less  than  twenty-five  per  cent  of  butter  fat  in  its  water-free  sub- 
stance, which  shall  be  conspicuously  branded  as  "half -skim  cheese,"  Third:  Such 
cheese  only  as  shall  have  been  made  from  pure  skim  milk,  which  shall  be  conspicuously 
branded  as  "skim  cheese." 

No  person  or  persons,  firm,  association  or  corporation  shall  sell  or  offer  for  sale  in 
this  state  any  cheese  which  is  not  branded  either  "full-cream  cheese,"  "half -skim 
cheese,"  or  "skim  cheese,"  in  accordance  with  its  butter  fat  content.  [Amendment 
of  June  1,  1917.    In  effect  July  31,  1917.    Stats.  1917,  p.  1656.] 

"Persons"  defined.    Act  of  agent  deemed  act  of  corporation. 

§  36.  The  word  "persons,"  as  used  in  this  act,  shall  be  construed  to  import  both  the 
singular  and  plural,  as  the  case  demands,  and  shall  include  individuals,  corporations, 
companies,  societies  and  associations.  When  construing  and  enforcing  the  provisions 
of  this  act,  the  act,  omission  or  failure  of  any  employee,  ofiicer,  agent  or  other  person, 
acting  for  or  employed  by  any  individual,  corporation,  company,  society  or  association, 
within  the  scope  of  his  employment  or  office,  shall  in  every  case  also  be  deemed  to  be 
the  act,  omission  or  failure  of  such  individual,  coi7)oration,  comjiany,  society  or  asso- 
ciation, as  well  as  that  of  the  person.  The  provisions  of  this  act  shall  be  construed  to 
apply  to  hotel-keepers,  restaurant-keepers  and  boarding-house  keepers  or  any  jjerson 
who  shall  serve  meals  and  accept  money  therefor. 


619  DAIRIES.  Act  1107,  §§  3<S-41 

Agent  of  dairy  bureau  may  enter  premises.    Unlawful  to  interfere  with  inspectors. 

§  37.  Every  agent  and  inspector  of  the  state  dairy  bureau,  and  every  inspector  of 
any  city,  county  or  state  board  of  health  is  hereby  authorized  to  enter  upon  and 
inspect  any  dairy,  dairj'^  premises,  creamery,  cheese  factory,  ice  cream  factory,  or  other 
place  where  dairy  products  of  any  kind  are  being  produced,  sold,  delivered  or  used, 
or  where  they  suspect  that  oleomargarine,  or  other  substances  designed  to  be  used  as 
a  substitute  for  butter,  or  renovated  butter,  or  imitation  butter,  or  imitation  cheese  are 
being  manufactured,  sold,  kept,  delivered,  transported  or  stored  in  violation  of  any  of 
the  provisions  of  this  act. 

It  shall  be  unlawful  for  any  person,  firm  or  coi'poration  to  prevent  or  interfere  with 
the  duly  authorized  inspectors  or  agents  of  the  state  dairy  bureau,  or  any  city,  county 
or  state  board  of  health,  or  the  inspectors  thereof,  from  entering  or  inspecting  any 
place  or  premises  where  milk  or  products  of  milk  or  where  oleomargarine,  or  imitation 
butter  or  cheese,  or  renovated  butter,  or  any  substance  designed  to  be  used  as  a  sub- 
stitute for  butter,  are  produced,  manufactured,  prepared,  sold,  kept  for  sale,  furnished 
or  served,  or  to  prevent  or  interfere  with  such  inspectors  or  agents  in  the  event  they 
deem  it  advisable  to  secure  samples  of  milk  or  milk  products,  or  oleomargarine,  or 
imitation  butter  or  cheese,  or  renovated  butter,  or  any  substance  designed  to  be  used 
as  a  substitute  for  butter,  at  or  from  any  such  place  or  person,  for  the  purpose  of 
ascertaining  whether  this  act  is  being  violated,  or  to  interfere  with  or  prevent  any 
such  inspector  or  agent  from  examining  any  record  or  books  required  by  the  pro- 
visions of  this  act  to  be  open  to  the  inspection  of  the  state  dairy  bureau,  or  its  agents. 

Failure  to  conform  to  act  a  misdemeanor. 

§  38.  It  shall  be  unlawful  for  any  person,  firm  or  corporation  to  fail,  neglect  or 
refuse  to  do  any  of  the  things  required  to  be  done  by  the  provisions  of  this  act;  and 
i^  shall  be  unlawful  for  any  person,  firm  or  corporation  to  do  any  of  the  things  pro- 
hibited by  the  provisions  of  this  act;  and  in  every  case  the  failure,  neglect  or  refusal 
to  do  anything  required  by  this  act,  and  the  doing  of  anything  prohibited  by  this  act, 
is  hereby  declared  to  be  a  misdemeanor,  and  shall  be  punished  as  herein  provided. 

Penalty  for  violating  sections  9  to  24. 

^  39.  Whoever  shall  violate  any  of  the  provisions  of  sections  9  to  24  both-  inclusive 
of  this  act  shall  be  deemed  guilty  of  a  misdemeanor,  and  shall,  upon  conviction  thereof, 
be  punished  for  the  first  offense,  by  a  fine  of  not  less  than  fifty  dollars,  nor  more  than 
one  hundred  and  fifty  dollars;  or  by  imprisonment  in  the  county  jail  for  not  exceeding 
thirty  days;  and  for  each  subsequent  offense,  by  a  fine  of  not  less  than  one  hundred 
and  fifty  dollars  nor  more  than  three  hundred  dollars,  or  by  imprisonment  in  the 
county  jail  for  not  less  than  thirty  days,  nor  more  than  six  months,  or  by  both  such 
fine  and  imprisonment,  at  the  discretion  of  the  court. 

Penalty  for  violating  sections  25  to  35,  and  37. 

$  40.  Whoever  shall  violate  any  of  the  provisions  of  sections  25  to  35,  botlj.  inclusive, 
or  of  section  37  of  this  act,  shall  be  deemed  guilty  of  a  misdemeanor,  and  shall,  upon 
conviction  thereof,  be  punished  by  a  fine  of  not  less  than  twenty-five  dollars  nor  more 
than  two  hundred  dollars;  or  by  imprisonment  in  the  county  jail  for  not  less  than  ten 
days  and  not  exceeding  sixty  days,  or  by  both  such  fibae  and  imprisonment,  at  the 
discretion  of  the  court. 

Other  sections. 

$  41.  Whoever  shall  violate  any  of  the  provisions  of  this  act  other  than  sections  9 
to  35,  both  inclusive,  and  section  37  (the  punishment  for  which  is  provided  in  sections 
39  and  40  hereof)  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  punished  by  a  fine  of  not  less  than  ten  dollars  nor  more  than  two 


Act  1167.  §§42,43  GENERAL  LAWS.  620 

hundred  dollars,  or  by  imprisonment  in  the  county  jail  for  a  period  of  not  less  than 
ten  days  nor  more  than  one  hundred  days,  or  by  both  such  fine  and  imprisonment. 

Disposition  of  fines. 

$  42.  One-half  of  all  the  fines  imposed  for  the  violation  of  any  of  the  provisions 
of  this  act  shall  be  paid  to  the  county  in  which  the  fine  is  imposed.  The  other  one-half 
shall  be  paid  to  the  state  treasurer  and  shall  become  part  of  the  general  fund. 
[Amendment  of  June  1,  1917.     In  effect  July  31,  1917.     Stats.  1917,  p.  1657.] 

Dairy  bureau  to  enforce  act.     Statistics  of  dairy  industry.    Report  of  contagious  dis- 
eases among  cattle.     Officers  of  dairy  bureau.    Inspections. 

^  43.  It  shall  be  the  duty  of  the  state  dairy  bureau,  now  existing  under  the  laws  of 
this  state,  to  enforce  the  provisions  of  this  act;  provided,  that  nothing  in  this  act 
shall  be  construed  to  prevent  any  city  or  county  board  of  health  or  other  city  or 
county  official  from  enforcing  the  provisions  of  this  act;  and  provided,  further,  that 
no  conviction  shall  be  had  where  a  conviction  is  sought  upon  any  alleged  sample  of 
milk,  or  product  of  milk,  unless  such  sample  has  been  taken  in  duplicate,  sealed 
and  marked  for  identification  and  one  of  such  samples  left  with  the  person  accused. 
The  state  dairy  bureau  is  authorized  under  this  act  to  gather  and  compile  statistics 
relative  to  the  dairy  industry,  and  to  disseminate  the  same  and  other  information 
useful  to,  and  to  the  general  good  and  development  of  the  dairy  industry  of  the  state, 
and  to  do  such  other  things  as  will  tend  to  promote  the  dairy  industry  of  the  state. 
Whenever  any  agent  or  inspector  of  the  state  dairy  bureau  shall  discover  the  exist- 
ence of  any  contagious  or  infectious  disease  among  dairy  cattle,  or  have  reason  to 
believe  that  such  disease  may  exist,  the  same  shall  be  immediately  reported  to  the 
state  veterinarian.  The  state  dairy  bureau  shall  have  power  to  employ  an  agent  or 
secretary  at  a  salary  of  twenty-four  hundred  dollars  a  year,  and  such  inspectors, 
assistants  and  chemists  as  from  time  to  time  it  may  deem  necessary  for  the  proper 
enforcement  of  the  provisions  of  this  act,  and  to  fix  the  compensation  of  such  inspectors 
at  not  to  exceed  five  dollars  per  day,  exclusive  of  their  necessary  and  actual  expenses, 
such  expenses  to  be  itemized  and  rendered  under  oath,  or  one  hundred  and  twenty-five 
dollars  per  month  exclusive  of  their  necessary  and  actual  expenses.  Such  agents 
shall  have  had  experience  in  the  manufacture  of  dairy  products  and  the  handling  of 
dairy  cattle.  The  state  dairy  bureau,  through  its  agent  and  secretary,  and  assistant 
agents,  shall  inspect  the  dairies,  dairy  cattle,  creameries  and  other  factories  of  dairy 
products,  markets  and  other  places  where  dairy  products  are  prepared  or  handled, 
and  keep  a  careful  record  of  such  inspection  and  report  the  same  to  the  state  dairy 
bureau  and  upon  evidence  obtained  that  any  of  the  provisions  of  this  act  are  being 
violated,  the  state  dairy  bureau,  through  its  agent  and  secretary,  or  its  inspectors, 
shall  duly  enter  complaint  against  the  party  or  parties,  responsible  for  such  viola- 
tions and  cause  the  same  to  be  prosecuted,  except  in  cases  where  any  dairy,  creamery 
or  other  factory  of  milk  products,  or  store  or  depot  where  milk  and  its  products  are 
handled  a'nd  sold,  is  found  to  be  in  an  unsanitary  condition,  in  which  case  the  agent 
and  secretary,  or  the  inspector,  for  the  district  in  which  the  violation  occurred,  shall 
serve  upon  the  owner,  or  owners,  or  person  in  charge  of  the  dairy,  creamery  or  other 
factory  of  milk  products  so  found  to  be  in  an  unsanitary  condition,  a  written  notice 
specifying  in  detail  the  changes  required  to  be  made  to  place  such  dairy,  creamery,  or 
other  factory  of  milk  products  or  store  or  depot  in  a  sanitary  condition  as  defined  in 
this  act.  Should  such  changes  not  have  been  made  at  the  expiration  of  thirty  days 
after  the  date  when  the  notice  was  served,  the  state  dairy  bureau,  through  its  agent 
and  secretary,  or  its  inspectors,  shall  enter  complaint  against  the  person  or  persons 
responsible  for  such  unsanitary  conditions  and  cause  them  to  be  prosecuted  for  vio- 
lating this  act. 


621  DAIRIE:S.  Acts  116S,  116Sa,  §  1 

Duty  of  district  attorney  to  bring  actions. 

§  44.  It  shall  be  the  duty  of  the  district  attorney  of  each  and  every  county  of  this 
state,  upon  application  of  the  state  dairy  bureau,  or  its  agent  and  secretary,  or  any 
of  its  inspectors  or  assistant  agents,  to  attend  to  the  prosecution,  in  the  name  of  the 
people,  of  any  action  brought  for  the  violation  of  any  of  the  provisions  of  this  act 
within  his  county. 

Act  of  1897  continued.    Repealed. 

^  45.  The  provisions  of  section  15  of  the  act  approved  March  4,  1897,  entitled  "An 
act  to  prevent  deception  in  the  manufacture  and  sale  of  butter  and  cheese,  to  secure 
its  enforcement,  and  to  appropriate  money  therefor,"  are  hereby  expressly  continued 
in  force;  and  the  present  state  dairy  bureau  shall  continue  in  existence  in  all  respects 
as  now  constituted  under  existing  laws;  and  the  members  thereof  shall  continue  to 
be  chosen  and  appointed  in  all  respects  as  now  provided  under  existing  laws;  the 
intention  being  that  the  existing  laws,  under  which  said  bureau  is  constituted  and  now 
exists  and  by  which  its  powers  are  conferred  and  its  duties  are  pfescribed,  shall  in  no 
way  be  impaired  or  affected  by  this  act. 

Repeal. 

§  46,  Section  17  of  an  act  entitled  "An  act  to  prevent  deception  in  the  manufacture 
and  sale  of  butter  and  cheese,  to  secure  its  enforcement,  and  to  appropriate  money 
therefor,"  approved  March  4,  1897,  is  hereby  repealed. 

$  47.  All  acts  and  parts  of  acts  inconsistent  with  the  provisions  of  this  act  are 
hereby  repealed. 

1.  Certiorari  will  not  lie  to  review  a  of  milk  that  is  pure  and  wiiolesome  from  an 
judgment  of  conviction  for  the  sale  of  adul-  unregistered  dairy,  but  merely  makes  the 
terated  milk  as  defined  by  section  29  of  the  failure  to  register  a  misdemeanor,  and  it  is 
act,  where  no  attack  was  made  upon  the  no  defense  to  an  action  for  the  price  of 
validity  of  the  act,  and  where  the  lower  milk  sold  under  contract  that  the  plaintiff 
court  clearly  had  jurisdiction. — Revis  v.  Su-  sold  the  milk  from  an  unregistered  dairy 
perior  Court,  22  Cal.  App.  479,  134  Pac.  1159.  required    by    the   act    to   be    registered. — Lu- 

2.  Unregistered  dairy — Action  for  sale  of  chini  v.  Roux,  29  Cal.  App.  755,  157  Pac.  554. 
milk. — The    act    does    not    prohibit    the    sale 

STANDARD  FOR  CONDENSED  AND  EVAPORATED  MILK. 
ACT  1168 — An  act  to  establish  a  standard  for  evaporated  milk  and  condensed  milk. 
History:     Approved  April  24,  1911,  Stats.,  1911,  p.  1101. 

Standard  of  condensed  milk. 

$  1.  The  standard  of  purity  of  condensed  milk  and  evaporated  milk  shall  be  that 
proclaimed  and  established  by  the  secretary  of  the  United  States  department  of 
agriculture. 

Repeal  of  inconsistent  acta. 

§  2.  All  acts  and  parts  of  acts  inconsistent  with  the  provisions  of  this  act  are 
hereby  repealed. 

standard  of  condensed  milk. — See  §29,  by  amendment  of  original  act  August  8, 
subdv.  (3)  of  Act  1167,  which  became  a  law       1915. 

USE  OF  CHEMICALS  TO  PREVENT  FERMENTATION. 
ACT  1168a — An  act  to  prohibit  the  use  of  chemicals  and  other  materials  in  milk  and 
milk  products  to  prevent  fermentation  therein. 

History:     Approved  March  23,  1907,  Stats.  1907,  p.  971. 

Milk,  use  of  substances  to  prevent  fermentation  prohibited. 

^  1.  It  shall  be  unlawful  for  any  person  to  produce,  manufacture  or  prepare  for  sale 
or  to  sell,  or  to  offer  for  sale,  or  have  on  hand  for  sale,  any  milk  or  product  of  milk  to 


Act  lieSa,  §g  2-5  GEXERAL   LAW'S.  522 

which  has  been  added,  or  that  may  contain,  any  compound  of  boron,  salicylic  acid, 
formaldehyde  or  other  chemical  or  substance  for  the  purpose  of  preventing  or  delaying 
fermentation.  It  shall  be  unlawful  for  any  person  to  produce,  manufacture  or  prepare 
for  sale,  or  to  sell,  or  to  offer  for  sale,  or  have  ou  hand  for  sale,  any  milk,  cream  or  con- 
densed milk  to  which  any  coloring  matter  has  been  added  by  any  person  or  to  which  any 
gelatine  or  other  substance  has  been  added  by  any  person  to  increase  the  consistency  of 
such  milk,  cream  or  condensed  milk,  so  as  [to]  make  such  milk,  cream  or  condensed  milk 
appear  richer  or  to  [sic]  better  quality;  provided,  that  this  section  shall  not  be  con- 
strued to  prohibit  the  use  of  harmless  coloring  matter  and  common  salt  (chloride  of 
sodium)  in  butter  and  cheese.  The  word  "person"  as  used  in  this  act  shall  be  con- 
strued to  import  both  the  singular  and  plural,  as  the  case  demands,  and  shall  include 
individuals,  corporations,  companies,  societies  and  associations.  When  construing  and 
enforcing  the  provisions  of  this  act,  the  act,  omission  or  failure  of  any  employee, 
officer,  agent  or  other  person,  acting  for  or  employed  by  any  individual,  corporation, 
company,  society  or  association,  within  the  scope  of  his  employment  or  office,  shall  in 
every  case  also  be  deemed  to  be  the  act,  omission  or  failure  of  such  individual,  corpora- 
tion, company,  society  or  association,  as  well  as  that  of  the  person.  The  provisions  of 
this  act  shall  be  construed  to  apply  to  hotel-keepers,  restaurant-keepers  and  boarding- 
house  keepers,  or  to  any  other  person  who  shall  serve  meals  and  accept  money  therefor. 

Duty  of  state  dairy  bureau. 

^  2.  It  shall  be  the  duty  of  the  state  dairy  bureau,  now  existing  under  the  laws 
of  this  state,  to  enforce  the  provisions  6f  this  act;  provided,  that  nothing  in  this  act 
shall  be  construed  to  prevent  any  city  or  county  board  of  health  or  other  city  or 
county  official  from  enforcing  the  provisions  of  this  act. 

Penalty  for  violation.     Samples  of  milk.    Disposition  of  fines. 

§  3.  Any  person  who  shall  violate  any  of  the  provisions  of  this  act  shall  be  guilty 
of  a  misdemeanor  and  upon  conviction  shall  be  punished  by  a  fine  of  not  less  than 
twenty-five  dollars  ($25.00)  nor  more  than  two  hundred  dollars  ($200.00)  or  by  impris- 
onment in  the  county  jail  for  not  less  than  ten  days  nor  more  than  sixty  days;  pro- 
vided that  no  conviction  shall  be  had  when  a  conviction  is  sought  upon  any  alleged 
sample  of  milk,  or  product  of  milk,  unless  such  sample  has  been  taken  in  dupli- 
cate, sealed,  and  marked  for  identification,  and  one  of  such  samples  left  with  the 
person  accused.  All  fines  collected  under  this  act  shall  be  paid  to  the  state  dairy 
bureau  when  the  complaint  is  made  through  the  state  dairy  bureau  and  the  state  dairy 
bureau  shall  pay  the  same  "to  the  state  treasurer  and  the  amount  paid  by  the  state 
dairy  bureau  to  the  state  treasurer  is  hereby  appropriated  to  the  use  of  the  state  dairy 
bureau  for  the  fiscal  year  in  which  the  amount  is  paid  to  the  state  treasurer. 

Interference  with  inspectors. 

^  4.  It  shall  be  unlawful  for  any  person  to  prevent  or  interfere  with  the  duly 
authorized  inspectors  or  agents  of  the  state  dairy  bureau,  or  any  city  or  county  board 
of  health,  from  entering  any  place  or  premises  where  milk  or  products  of  milk  are 
produced  or  manufactured,  or  prepared,  or  to  prevent  or  interfere  with  such  inspectors 
or  agents,  in  the  event  they  deem  it  advisable  to  secure  samples  of  milk  or  milk  products 
from  any  person  producing  or  selling  milk  or  products  of  milk  for  the  purpose  of 
analyzing  the  same  to  ascertain  whether  this  act  is  being  violated. 

Duty  of  district  attorney. 

§  5.     It  shall  be  the  duty  of  the  district  attorney,  upon  application  by  the  state  dairy 
bureau  or  by  any  city  or  county  board  of  health  to  attend  to  the  prosecution,  in  the 
name  of  the  people,  of  any  complaint  entered  for  the  violation  of  any  of  the  provisions 
>f  this  act  within  his  district. 


523  DAIRIES.  Act  1169,  §§  1-3 

Inconsistent  acts  repealed. 

$  6.     All  acts,  or  parts  of  acts,  inconsistent  with  this  act  are  hereby  repealed. 

Act  takes  effect  when. 

5  7.    This  act  shall  take  effect  and  be  in  force  sixty  days  after  its  passage. 

ACT  1169 — An  act  to  regulate  the  production  of  certified  milk,  cream,  ice  cream,  butter 

and  cheese;  and  repealing  an  act  entitled  "An  act  to  regula,te  the  production  of 

certified  milk,"  approved  March  18,  1909,  and  all  acts  and  parts  of  acts  inconsistent 

with  this  act. 

History:  Approved  April  25,  1913.  In  effect  August  10,  1913.  Stats. 
1913,  p.  83.  Former  act  of  March  18,  1909,  Stats.  1909,  p.  402,  repealed 
by  present  act;  also,  act  of  March  17,  1911,  Stats.  1911,  p.  382,  super- 
seded by  present  act. 

Certified  milk  regulations. 

§  1.  No  person,  firm  or  corporation  shall  sell  or  exchange,  or  offer  or  expose  for  sale 
or  exchange,  as  and  for  certified  milk,  any  milk  which  does  not  conform  to  the  rules  and 
regulations  and  to  the  methods  and  standards  for  the  production  and  distribution  of 
"certified  milk"  adopted  by  the  American  association  of  medical  milk  commissions  on 
May  1st,  1912,  and  which  does  not  bear  the  certification  of  a  milk  commission  appointed 
by  a  county  medical  society  organized  under  and  chartered  by  the  medical  society  of 
the  state  of  California,  and  which  has  not  been  pronounced  by  such  authority  to  be  free 
from  antiseptics,  added  preservatives,  and  pathogenic  bacteria,  or  bacteria  in  excessive 
numbers.  All  milk  sold  as  certified  milk  shall  be  conspicuously  marked  with  the  name 
of  the  commission  certifying  it.  Such  milk  commission  shall  make  all  requirements  for 
the  production  and  handling  of  certified  milk  uniform  and  fair,  and  shall  not  refuse  to 
certify  milk  for  any  applicant  for  certification  who  shall  complj'  with  the  provisions 
of  this  act. 

Certified  cream,  butter,  milk,  etc 

§  2.  No  person,  firm  or  corporation  shall  sell  or  exchange  or  offer  or  expose  for  sale 
or  exchange,  any  cream,  skimmed  milk,  buttermilk,  ice  cream,  butter  or  cheese  as  and 
for  certified  cream,  certified  skimmed  milk,  certified  buttermilk,  certified  ice  cream,  cer- 
tified butter  or  certified  cheese,  as  the  case  may  be,  or  use  the  word  "certified"  in 
connection  with  the  sale,  designation,  advertising,  labeling  or  billing  of  any  cream, 
skimmed  milk,  buttermilk,  ice  cream,  butter  or  cheese  unless  the  same  and  all  products 
of  milk  contained  therein  or  used  in  the  manufacture  thereof  are  obtained  exclusively 
from  milk  which  conforms  to  the  requirements  of  this  act  for  certified  milk  and  which 
bears  the  certification  of  a  milk  commission  in  accordance  with  the  provisions  of  sec- 
tion 1  of  this  act,  and  unless  in  addition  thereto  the  methods  and  conditions  under  which 
such  cream,  skimmed  milk,  buttermilk,  ice  cream,  butter  and  cheese,  as  the  case  may  be, 
have  been  prepared  or  manufactured,  as  regards  cleanliness  and  sanitation,  shall  con- 
form to  the  requirements  of  the  milk  commission  whose  certification  is  sought.  All 
cream,  skimmed  milk,  buttermilk,  ice  cream,  butter  and  cheese  sold,  designated,  adver- 
tised or  offered  for  sale,  as  certified  cream,  certified  skimmed  milk,  certified  buttermilk, 
certified  ice  cream,  certified  butter  or  certified  cheese  shall  be  conspicuously  marked 
with  the  name  of  the  commission  certifying  it  and  certifying  the  milk  from  which  such 
cream,  ice  cream,  butter  and  cheese  is  obtained. 

Penalty. 

$  3.  Any  person  who  shall  violate  any  of  the  provisions  of  this  act  shall  be  guilty  of 
a  misdemeanor  and  upon  conviction  shall  be  punished  by  a  fine  of  not  less  than  twenty- 
five  (25)  dollars  nor  more  than  two  hundred  ($200)  dollars,  or  by  imprisonment  in  the 
county  jail  for  not  less  than  ten  (10)  nor  more  than  sixty  (GO)  days. 


I 


Act  1171,  §  1  GENERAL   LAWS.  624 

Act  repealed. 

§  4.  An  act  entitled  "An  act  to  regulate  the  production  of  certified  milk,"  approved 
March  18,  1909,  and  all  acts  and  parts  of  acts  inconsistent  with  this  act,  are  hereby 
repealed. 

Adulteration     and     deception     in     sale     of  The  director  of  the  department  of  agrricul- 

dairy  products,  in  general. — See,  ante,  Act  36.  tnre    is    given    power    of   administering    and 

Definition  of  butter. — See,  ante.  Act   36.  enforcing  this  act. — See,  post,  Act  96,   S  9. 
Definitions  of  imitation  butter  and  cheese. 

—See,  ante,  Act  1167. 

DAIRY  INSPECTION  ACT  OF  1917, 
ACT  1171 — An  act  to  prevent  the  sale  of  impure  and  unwholesome  milk,  Tjutter,  ice 
cream  and  other  milk  products;  to  declare  ice  cream  a  milk  product;  to  grade  milk; 
to  provide  rules  and  regulations  therefor,  and  to  empower  cities,  groups  of  cities, 
counties  and  groups  of  counties,  or  cities  and  counties,  to  establish  inspection  service ; 
to  provide  for  the  enforcement  of  this  act;  to  prescribe  penalties  for  violation  of 
the  provisions  hereof;  and  to  repeal  an  act  entitled,  "An  act  to  prevent  the  sale 
of  impure  and  unwholesome  mUk,  to  grade  milk,  to  provide  rules  and  regulations 
therefor,  and  to  empower  cities,  groups  of  cities,  counties  and  groups  of  counties,  or 
cities  and  counties,  to  establish  inspection  service;  to  provide  for  the  enforcement 
of  this  act;  to  prescribe  penalties  for  violation  of  the  provisions  hereof;  and  to  make 
an  appropriation  therefor,"  approved  June  15,  1915. 

History:     Approved  May  22,   1917.     In  effect  July  27,  1917.     Stats. 

1917,  p.  803.     Amended  May  6,  1919.     In  effect  July  22,  1919.     Stats. 

1919,  p.  326.    Former  act  of  June  11.  1915,  Stats.  1915,  p.  1478,  repealed 

by  the  present  act. 

Milk  must  be  pasteurized.     Cream  for  butter.     Butter  used  in  manufacture  of  food- 
stuffs.   Marking  of  butter.    Ice  cream  a  milk  product. 

$  1.  It  shall  be  unlawful  for  any  person,  firm  or  corporation,  except  in  bulk  to  the 
wholesale  trade,  to  sell  or  exchange  or  offer  or  expose  for  sale  or  exchange  for  human 
consumption  any  milk  from  cows  that  have  not  passed  the  tuberculin  test,  until  it  has 
been  pasteurized  by  the  holding  process  at  a  temperature  not  less  than  one  hundred 
forty  degrees  Fahrenheit  for  twenty-five  minutes ;  provided,  that  milk  for  drinking  pur- 
poses shall  not  be  heated  for  more  than  one  hour  nor  above  one  hundred  forty-five 
degi-ees  Fahrenheit ;  provided,  further,  that  cream  that  is  to  be  manufactured  into  butter 
may  be  pasteurized  by  heating  it  to  a  higher  degree  than  milk  and,  when  the  same  is 
uniformly  heated  to  and  held  at  a  higher  degree  of  temperature  than  one  hundred  fifty- 
one  degrees  Fahrenheit,  the  time  for  holding  maj'^  be  decreased  from  twenty-five  minutes 
by  one  minute  for  each  degree  of  temperature  over  one  hundred  fifty-one  degrees  Fah- 
renheit. It  shall  further  be  unlawful  for  any  person,  firm  or  corporation  to  sell  or 
exchange  or  offer  or  expose  for  sale  or  exchange  for  human  consumption  any  butter, 
ice  cream  or  other  milk  products  except  cheese  and  butter  as  hereinafter  provided,  into 
the  composition  of  which  any  milk  enters  other  than  that  permitted  in  this  section  of 
this  act,  to  be  sold  at  retail  for  human  consumption;  provided,  that  nothing  in  this  act 
shall  be  construed  to  prohibit  the  use  or  sale  of  butter  that  is  not  pasteurized  or  butter 
that  is  not  the  product  of  nonreaeting  tuberculin-tested  cows;  provided,  that  said 
butter  be  used  by  manufacturers  of  foodstuffs  only  and  in  the  manufacture  of  such 
foodstuffs  said  butter  shall  be  subjected  to  a  minimum  temperature  of  two  hundred 
twenty-five  degrees  Fahrenheit;  and  provided,  further,  that  it  shall  be  unlawful  to  use 
any  such  butter  except  in  the  manufacture  of  food  subjected  to  said  temperature. 
Butter  offered  for  sale  for  human  consumption  shall  be  marked:  "From  nonreaeting 
tuberculin-tested  cows,"  or  "Pasteurized,"  as  the  case  may  be.  Butter,  which,  by  the 
provisions  of  this  act,  is  permitted  to  be  used  for  cooking  and  baking  purposes  only 
shall  be  marked  "For  cooking  and  baking  only."  Ice  cream  is  hereby  declared  to  be 
a  milk  product.    For  the  purpose  of  this  act  milk  shall  be  construed  to  include  cream 


11 


62»  DAIRIES.  Act  1171,  §§  2-6 

Sale  of  T"i^lg  where  milk  inspection  service  established. 

§  2.  It  shall  be  unlawful  for  any  person,  firm  or  corporation  to  sell  or  exchange,  or 
offer  or  expose  for  sale  or  exchange,  in  any  city,  county,  or  city  and  county,  in  which 
a  milk  inspection  service,  approved  by  the  state  dairy  bureau,  has  been  established, 
any  milk  otherwise  than  as  hereinafter  provided  in  this  act,  and  for  the  purpose  of  this 
act,  the  term  "inspecting  department"  shall  be  construed  to  mean  the  health  depart- 
ment of  a  county  or  group  of  counties,  city  or  group  of  cities,  or  city  and  county  main- 
taining a  milk  inspection  service  approved  by  the  state  dairy  bureau,  and  such  inspect- 
ing department  shall  include  at  least  one  regularly  licensed  physician.  It  shall  be 
unlawful  for  any  person,  firm  or  corporation  to  sell  or  exchange,  or  offer  or  expose  for 
sale  or  exchange  any  milk  as  and  for,  or  under  the  designation,  label  or  other  represen- 
tation of  "guaranteed,"  "grade  A,"  or  "grade  B"  milk,  except  within  a  county  or 
group  of  counties,  city  or  group  of  cities,  or  city  and  county  maintaining  a  milk  inspec- 
tion service  approved  by  the  state  dairy  bureau;  provided,  that  a  person,  firm  or 
corporation,  which  is  authorized  to  sell  milk  within  the  jurisdiction  of  an  inspecting 
department  may  sell  milk  from  the  same  supply,  of  the  same  quality,  in  similar  con- 
tainers, and  under  the  same  label  in  territory  outside  the  jurisdiction  of  any  inspecting 
department,  if  local  ordinances  are  not  thereby  violated,  and  also  in  territory  within 
the  jurisdiction  of  any  other  inspecting  department;  provided,  the  consent  of  said  other 
inspecting  department  has  been  previously  obtained. 

Milk  not  to  be  sold  for  human  consumption. 

§  3,  All  milk  sold  or  exchanged  or  offered  or  exposed  for  sale  or  exchange  except  in 
bulk  to  the  wholesale  trade  in  any  county  or  group  of  counties,  city  or  group  of  cities, 
or  city  and  county,  in  which  a  milk  inspection  service,  approved  by  the  state  dairy 
bureau  has  been  established,  except  certified  milk,  guaranteed  milk,  grade  A  milk  and 
g^ade  B  milk,  is  hereby  declared  to  be  impure  and  unwholesome  and  -must  not  be  sold 
for  human  consumption. 

Grades  of  milk.    Grade  marked. 

§  4.  Where  an  inspection  service  is  maintained  as  provided  in  section  two  of  this 
act,  milk  shall  be  graded  as  follows:  certified  milk,  guaranteed  milk,  grade  A  milk, 
grade  B  milk  and  milk  not  suitable  for  human  consumption;  provided,  that  milk  sold 
or  exchanged  or  offered  or  exposed  for  sale  or  exchange  as  and  for,  or  under  the  desig- 
nation, label  or  other  representation  of  "guaranteed,"  "grade  A,"  or  "grade  B, " 
milk  shall  have  the  grade  and  whether  raw  or  pasteurized  marked  on  the  container  or 
cap  of  the  container  in  capital  letters  not  less  than  one-eighth  inch  long  and  one- 
sixteenth  inch  wide;  and  provided,  further,  that  milk  not  suitable  for  human  consum- 
tion  shall  be  plainly  so  marked. 

Approval  of  inspecting  department. 

$  5.  No  person,  firm  or  corporation  shall  sell  or  exchange,  or  offer  or  expose  for  sale 
or  exchange,  as  or  for  guaranteed  milk,  any  milk,  raw  or  pasteurized  the  quality  of 
which  is  guaranteed  by  the  dealer,  without  approval  in  writing  of  the  inspecting  depart- 
ment, which  milk  must  be  of  a  higher  standard  than  that  required  for  grade  A  raw  milk. 

Requirements  for  grade  A  milk.    Dairies  having  not  more  than  two  cows. 

$  6.  No  person,  firm  or  corporation  shall  sell  or  exchange,  or  offer  or  expose  for  sale 
or  exchange,  as  and  for  grade  A  milk,  any  milk  that  does  not  conform  to  the  rules  and 
regulations  and  the  methods  and  standards  for  production  and  distribution  of  grade  A 
milk  adopted  by  the  inspecting  department. 

Grade  A  milk  shall  conform  to  the  following  requirements  as  a  minimum:  if  raw  it 
shall  consist  of  the  clean  raw  milk  from  health}'  cows  as  determined  by  physical  exam- 
ination at  least  once  in  six  months  by  a  qualified  veterinarian  under  the  supervision  of 


ActX171,S7  GENERAL  LAWS.  526 

the  inspecting  department,  and  by  the  tuberculin  test  by  a  qualified  veterinarian  under 
the  supervision  of  the  state  veterinai'ian,  and  from  dairies  that  score  not  less  than 
seventy  per  cent  on  the  score  card  hereinafter  set  forth ;  provided,  however,  that  dairies 
having  not  more  than  twv  milking  cows,  and,  which  are  found  by  any  such  inspecting 
department  to  comply  fully  with  the  remaining  provisions  of  this  act  are  hereby 
exempted  from  such  scoring  requirements  and  from  the  use  of  the  labels  prescribed  in 
section  four  hereof.  The  tuberculin  test  must  be  repeated  annually  if  no  reacting  ani- 
mals are  found  in  the  herd.  If  reacting  animals  are  found  they  must  be  removed  from 
the  herd,  and  the  tuberculin  test  repeated  in  six  months.  All  cows  are  to  be  fed,  watered, 
housed  and  milked  under  conditions  approved  by  the  inspecting  department.  All  per- 
sons who  come  in  contact  with  the  milk  must  exercise  scrupulous  cleanlines  and  must 
not  harbor  the  germs  of  typhoid  fever,  tuberculosis,  dii^htheria  or  other  infectious  dis- 
eases liable  to  be  conveyed  by  milk.  Absence  of  such  infections  shall  be  determined  by 
cultures  and  physical  examination,  to  the  satisfaction  of  the  inspecting  department. 

Sterile  containers.    Bacteria  content. 

This  milk  is  to  be  delivered  in  sterile  containers  and  is  to  be  kept  at  a  temperature 
established  by  the  inspecting  department  until  it  reaches  the  ultimate  consumer,  when 
it  must  contain  less  than  one  hundred  thousand  bacteria  per  cubic  centimeter.  If  pas- 
teurized it  shall  come  from  cows  free  from  diseases  as  determined  by  physical  examina- 
tion at  least  once  in  six  months,  by  a  qualified  veterinarian  under  the  supervision  of  the 
inspecting  department.  It  shall  contain  less  than  two  hundred  thousand  bacteria  per 
cubic  centimeter  before  pasteurization  and  less  than  fifteen  thousand  bacteria  per  cubic 
centimeter  at  the  time  of  deliveiy  to  the  ultimate  consumer.  Dairies  from  which  this 
milk  is  derived  must  score  at  least  sixty  on  the  score  card  hereinafter  set  forth. 

Eequirements  for  grade  B  milk. 

^  7.  No  person,  firm  or  corporation  shall  sell  or  exchange,  or  offer  or  expose  for 
sale  or  exchange,  as  and  for  grade  B  milk,  any  milk  that  does  not  conform  to  the  follow- 
ing requirements  as  a  minimum;  it  must  be  obtained  from  cows  in  no  way  unfit  for  the 
production  of  milk  for  use  by  man,  as  determined  by  physical  examination  at  least  once 
in  six  months  by  a  qualified  veterinarian  under  the  supervision  of  the  inspecting  depart- 
ment. Before  pasteurization  such  milk  shall  contain  less  than  one  million  bacteria  per 
cubic  centimeter.  After  pasteurization  it  shall  contain  less  than  fifty  thousand  bacteria 
per  cubic  centimeter. 

Pasteurization. 

Milk  for  pasteurization  must  be  kept  at  a  temperature  established  by  the  inspecting 
department  up  to  the  time  of  delivery  to  the  pasteurization  plant  and  rapidly  cooled 
after  pasteurization  to  a  temperature  of  fifty  degrees  Fahrenheit  or  below  and  so  main- 
tained to  the  time  of  delivery  of  the  same.  Pasteurization  shall  be  by  the  holding 
method  at  a  temperature  not  less  than  one  hundred  forty  degrees  Fahrenheit;  provided, 
that  milk  for  drinking  purposes  shall  not  be  heated  above  one  hundred  forty-five  degrees 
Fahrenheit. 

Records. 

Such  pasteurization  plant  shall  be  equipped  with  a  self-registering  device  for  record 
of  the  time  and  temperature  of  pasteurization.  Such  records  shall  be  kept  for  two 
months  and  be  available  for  inspection  by  any  health  department,  the  state  veterinarian 
or  any  of  his  agents,  or  the  state  dairy  bureau.  Pasteurized  milk  shall  be  marked  with 
the  day  of  the  week  of  pasteurization  and  must  be  delivered  to  the  consumer  within 
forty-eight  hours  thereafter.  If  milk  is  repasteurized,  it  must  not  be  sold  except  as  not 
suitable  for  human  consumption;  provided,  however,  if  graded,  cream  of  any  grade  shall 
conform  to  all  the  standards  set  for  milk  of  the  same  grade,  except  that  the  maximum 


51:7  DAIRIES.  Act  1171,  §§  S-ia 

bacteria  count  for  cream  shall  be  not  more  than  three  times  as  great  as  that  of  the 
correspoading  grade  of  milk.  [Amendment  of  May  6,  1919.  In  effect  July  22,  1919. 
Stats.  1919,  p.  327.] 

Milk  not  suitable  for  human  consumption. 

§  8.  Milk  not  suitable  for  human  consumption  may  be  sold  for  industrial  purposes, 
provided  it  be  heated  to  a  higher  temperature  than  necessary  for  pasteurization,  and 
delivered  in  a  distinctive  container,  plainly  marked  ^yith  the  words  "Not  suitable  for 
human  consumption, ' '  in  letters  not  less  than  one-quarter  inch  in  length  and  one-twelfth 
inch  stroke. 

Counties,  etc.,  may  maintain  inspection  service. 

ft  9.  Counties,  or  gi-oups  of  counties,  cities  or  groups  of  cities,  or  cities  and  counties, 
are  hereby  authorized  to  maintain  a  milk  inspection  service  and  laboratory  conformable 
to  requireraents  as  set  forth  by  the  state  dairy  bureau,  and  to  establish  pasteurizing 
plants. 

Penalties  for  violation. 

$  10.  Any  person  who  violates  any  provision  of  this  act  or  the  rules  made  in  accord- 
ance with  section  eleven  of  this  act  or  who  directs  or  knowingly  permits  an  employee 
to  violate  any  of  said  provisions  or  said  rules,  shall  be  guilty  of  a  misdemeanor  and  upon 
conviction  shall  be  punished  by  a  fine  of  not  less  than  twenty-five  dollars  nor  more  than 
two  hundred  dollars,  or  by  imprisonment  in  the  county  jail  for  not  less  than  ten  days 
nor  more  than  sixty  days,  or  by  both  such  fine  and  imprisonment! 

Any  firm,  corporation,  society  or  association  which  violates  any  of  said  provisions 
or  of  said  rules  shall  be  guilty  of  a  misdemeanor  and  upon  conviction  shall  be  fined  as 
above  provided. 

In  the  event  an  officer,  director,  manager  or  managing  agent  of  any  firm,  corporation, 
society  or  association  violates  any  of  the  provisions  of  this  act,  or  the  rules  made  in 
accordance  with  section  eleven  of  this  act  or  directs  or  knowingly  permits  any  employee 
to  violate  any  of  said  provisions  or  said  rules,  such  officer,  director,  manager  or  man- 
aging agent  shall  be  guilty  of  a  misdemeanor  and  upon  conviction  thereof  shall  be  pun- 
ished by  fine  or  imprisonment  or  both  as  above  provided;  and,  in  such  case,  the  firm, 
corporation,  society  or  association  shall  also  be  guilty  and  upon  conviction  shall  be  fined 
as  above  provided.  One-half  of  all  such  fines  shall  be  paid  into  the  state  treasury  and 
placed  to  the  credit  of  the  general  fund.  [Amendment  of  May  6,  1919.  In  effect 
July  22,  1919.     Stats.  1919,  p.  327.] 

Duty  of  state  dairy  bureau. 

^  11.  It  shall  be  the  duty  of  the  state  dairy  bureau,  with  the  assistance  of  the  pure 
food  and  drugs  laboratory,  to  enforce  all  the  provisions  of  this  act  except  the  tuberculin 
testing  of  cows  and  the  marketing  of  reactors;  and  said  bureau,  with  the  approval  and 
assistance  of  the  pure  food  and  drugs  laboratory,  is  hereby  empowered  to  make  such 
rules  and  regulations  as  may  be  necessary  and  advisable  for  such  enforcement. 

Duty  of  state  veterinarian. 

$  12.  It  shall  be  the  duty  of  the  state  veterinarian,  as  soon  as  practicable,  either 
directly  or  through  local  inspecting  departments,  to  enforce  the  provisions  of  this  act 
as  to  the  tuberculin  testing  of  cows  and  the  exclusion  of  reacting  animals  from  the 
herds,  and  to  mark  indelibly  by  tattooing  the  ear  with  the  capital  letter  "T"  one  inch 
long  any  cattle  which  have  been  tested  with  tuberculin  under  the  provisions  of  this  act 
and  found  to  react  to  the  test.  For  such  purpose  he  may  appoint  such  veterinarians 
us  may  be  necessary. 


Act  1171,  g  13 


GK^XKRAL.   LAWS. 


S28 


Dairyman  not  operating  under  inspecting  department. 

§  13.  If  any  dairyman  not  operating  under  an  inspecting  department  desires  to  sell 
milk  he  may  tile  with  the  state  veterinaiian  a  written  request  that  his  cows  be  tuber- 
culin tested.  After  the  filing  of  such  request,  said  dairyman  shall  not  be  liable  under 
the  provisions  of  this  act  until  such  time  as  the  state  veterinarian  shall  be  able  to  make 
the  required  test.  The  provision  of  this  section  shall  apply  also  to  any  dairyman, 
operating  under  an  inspecting  department,  if  such  inspecting  department  approves. 

$  14.  The  following  score  card  shall  be  used  in  scoring  dairies  under  the  provisions 
of  this  act: 

DAIRY  FARM  SCORE  CARD  OF  THE  UNITED  STATES  BUREAU  OF  ANIMAL,  INDUSTRY, 
r A«s  anmoved  bv  the  bureau  for  use   under  California  conditions.] 
•■        ^^  DAIRY    FARM    SCORE   CARD. 


f- — Score- 
jPer-       Al- 


fect 
6 


lowed 


r — Score — ^ 
Per-       Al- 
fect    lowed 


COWS. 

Equipment 

Health 

Apparently  in  good  health...  1 
If  tested  with  tuberculin 
within  a  year  and  no  tu- 
berculosis is  found,  or  if 
tested  within  six  months 
and     all     reacting     animals 

removed    " 

If    tested    within    a    year    and 
reacting  animals   are    found 

and   removed    3 

Food   (clean  and  wholesome) 1 

Water   (clean  and  fresh) 1 

STABLES. 

Location  of  stable ••         2 

Well   drained    1 

Free  from  contaminating  sur- 
roundings        1 

Construction    of    stable 4 

Tight,  sound  floor  and  proper 

gutter   2 

Smooth,  tight  walls  and  ceil- 
ing       1 

Proper  stall,  tie,  and  manger.   1 
Provisions   for  light:     Four   square 

feet  of  glass  per  cow 4 

(Three  square  feet  of  glass  or 
four  square  feet  of  opening, 
3;  two  square  feet  of  glass  or 
three  square  feet  of  opening, 
2;  one  square  foot  of  glass,  1. 
Deduct  for  uneven  distribu- 
tion.) 
Bedding,   or  clean  pasture  for  bed        1 

Ventilation   ••         " 

Ventilators   in    roof 2 

Windows   hinged   at  bottom..   2 
(Sliding     windows,     1.5;     other 

openings,   1.) 
Cubic   feet  of  space  per  cow, 

500  feet 3 

(Less  than  500  feet,  2;  less  than 
400  feet,  1;  less  than  300  feet, 
0.) 

UTENSILS. 
Construction     and     condition     of 

utensils    J 

Water  for  cleaning 1 

(Clean,  convenient  and  abun- 
dant.) 

Small-top   milking   pail 5 

Milk   cooler   1 

Clean    milking    suits 1 

MILK   ROOM   OR   RHLK   HOUSE. 
Location:    Free  from  contaminat- 
ing  surroundings    1 

Construction  of  milk  room 2 

Floor,  walls,  and  ceiling 1 

Light,    ventilation,    screens...   1 
Separate  rooms  for  wasliing  uten- 
sils and   handling   milk 1 

Facilities   for  steam 1 

(Hot  Water,  0.5) 

Total    40 

Equipment+Methods=Flnal  Score. 

NOTE  1.— If  any  exceptionally  filthy  condition  is  found,  particularly  dirty  utensils,  the  total 
score  may  be  further  limited. 

NOTE   2. If   the   water   is   exposed   to   dangerous    contamination,    or   there   is   evidence   of   the 

presence  of  a  dangerous  disease  in  animals  or  attendants,   the  score  shall  be  0. 


COWS. 


Methods 

Clean    

(Free  from  visible  dirt,   6.) 
STABLES. 

Cleanliness   of   stables 

Floor    2 

Walls    1 

Ceiling  and  ledges 1 

Mangers  and  partitions 1 

Windows   1 

Stable  air  at  milking  time 

Freedom    from    dust 3 

Freedom    from    odors 2 

Cleanliness   of   bedding 

Barnyard    

Clean  1 

Well   drained    1 

Removal    of    manure    dally    to    50 

feet    from    stable 

MILK    ROOM   OR   MILK   HOUSE. 

Cleanliness    of   milk    room 

UTENSILS  AND  MILKING. 
Care   and   cleanliness  of   utensils.. 

Thoroughly    washed    2 

Sterilized     in     steam     for     15 

minutes    3 

(Placed     over     steam     jet,     or 
scalded  with  boiling  water,  2.) 
Protected     from      contamina- 
tion   3 

Cleanliness    of    milking 

Clean,  dry  hands 3 

Udders  washed  and  wiped...  6 
(Udders  cleaned  with  moist 
cloth,  4;  cleaned  with  dry 
cloth  or  brush  at  least  15 
minutes  before  milking,  1.) 
HANDLING  THE  MILK. 
Cleanliness  of  attendants  in  milk 

room     

Milk    removed    immediately    from 
stable     without     pouring     from 

pail    

Cooled  immediately  after  milking 

each   cow    

Cooled  below  50°   F , 

(51°  to  55°,  4;  56°  to  60°,  2.) 

Stored   below  50°    F 

(51°  to  55°,   2;  56°   to  60°,  1.) 

Transportation   below   50°    F , 

(51°   to  55°,  1.5;  56°  to  00°,  1.) 
(If  delivered  twice  a  day,  allow 
perfect  score  for  storage  and 
transportation.) 


Total 


60 


il 


529  DAIRIES.  Act  1172,  §§  1-3 

Stats.  1915,  p.  1478,  repealed. 

§  15.  The  purpose  of  this  act  is  to  amend  and  supersede  an  act  entitled  "An  act  to 
prevent  the  sale  of  impure  and  unwholesome  milk,  to  grade  milk,  to  provide  rules  and 
regulations  therefor,  and  to  empower  cities,  groups  of  cities,  counties  and  groups  of 
counties,  or  cities  and  counties,  to  establish  inspection  service;  to  provide  for  the 
enforcement  of  this  act;  to  prescribe  penalties  for  violation  of  the  provisions  hereof; 
and  to  make  an  appropriation  therefor, ' '  which  is  hereby  repealed. 

Higher    percentage    of    solid    content. — A  the    act    of    1907    (Stats.    1907,    p.    265;    ante, 

municipal  ordinance  of  Los  Angeles,  requir-  Act    36),    does    not   for    that    reason    conflict 

ing   vended  milk    to    have   a   percentage   of  with  that  act. — In  re  Hoffman,  155  Cal.  114, 

solid  content  higher  than   that   required   by  132  Am.  St.  Rep.  75,   99   Pac.  517. 

IMITATION  MILK. 

ACT  1172 — An  act  to  define  imitation  milk  and  to  regulate  the  business  of  producing, 

buying  or  selling  imitation  milk  or  imitation  milk  products,  providing  for  the  licensing 

of  said  business  by  the  state  dairy  bureau,  and  prescribing  penalties  for  a  violation 

or  the  provisions  hereof,  and  repealing  aU  acts  or  parts  of  acts  inconsistent  herewith. 

History:     Approved  April  15,  1919.     In  effect  July  22,  1919.     Stats. 
1919,  p.  89. 

Imitation  milk  defined. 

$  1.  For  the  purposes  of  this  act  certain  manufactured  substances,  certain  mixtures 
and  compounds  shall  be  known  and  designated  as  "imitation  milk,"  namely:  (a)  any 
mixture  or  compound  composed  of  skim  milk  or  condensed,  evaporated  or  powdered 
skim  milk  and  any  edible  oil  or  fat  other  than  natural  milk  fat,  whether  with  or  with- 
out any  other  ingredient  or  ingredients;  (b)  any  mixture  or  compound  made  in  imita- 
tion or  semblance,  or  having  the  appearance  or  semblance,  of  milk  or  condensed  or 
evaporated  milk,  or  when  so  made  or  having  such  appearance  or  semblance  calculated 
or  intended,  whether  by  intent  of  the  compounder  or  other  person,  or  by  reason  of  the 
appearance  or  other  characteristic  of  the  mixture  or  compound,  for  use  or  disposition  as 
or  for  milk,  or  as  or  for  condensed  or  evaporated  milk,  or  to  induce  its  purchase,  or  use 
as  or  for  milk  or  condensed  or  evaporated  milk. 

Manufacture  and  sale  of  imitation  milk. 

§  2.  No  person  by  himself,  his  agents  or  servants  shall  render,  manufacture,  sell, 
offer  for  sale,  expose  for  sale,  or  have  in  his  possession  with  intent  to  sell  or  to  use, 
or  to  serve  to  patrons,  customers,  boarders  or  inmates  of  any  hotel,  dwelling-house, 
restaurant,  public  conveyance  or  boarding  house,  any  article,  product  or  comj^ound 
made  wholly  or  in  part,  out  of  any  imitation  milk;  provided,  that  nothing  in  this  section 
shall  be  construed  to  prohibit  the  manufacture  or  sale,  under  regulations  hereinafter 
provided,  of  imitation  milk,  of  substances  or  compounds  that  may  be  used  as  imitation 
milk,  of  a  separate  and  distinct  character  not  resembling  milk  or  condensed  or  evapo- 
rated milk,  and  in  such  a  manner  as  will  advise  the  purchaser  and  consumer  of  its  real 
character,  colored  or  containing  ingredients  that  cause  to  look  unlike  pure  whole  cow's 
milk  or  the  condensed  or  evaporated  product  made  therefrom;  and  provided,  further, 
it  is  not  adulterated  within  the  meaning  of  this  act;  and  provided,  further,  that  nothing 
in  this  act  shall  be  construed  to  prevent  or  prohibit  the  manufacture,  sale,  or  use,  for 
cooking  purposes,  of  imitation  milk  as  defined  by  section  one  of  this  act. 

Imitation  milk  to  be  labeled. 

$  3.  Each  person,  who  by  himself,  or  another,  lawfully  manufactures  any  imitation 
milk,  or  any  substitute  that  may  be  used  as  and  substituted  for  milk  or  condensed  or 
evaporated  milk,  shall  mark  the  same  by  printing,  stamping  or  stenciling  upon  the  top, 
if  the  top  be  of  sufficient  size  and  upon  the  sides  of  each  case,  box,  carton,  or  other 
package,  in  which  that  article  or  substance  shall  be  kept,  and  in  which  it  shall  be 

Gen.  Laws — 34 


.Vet  1172,  §§  4-6  GENERAL,   LAW  S,  530 

removed  from  the  place  where  it  is  produced  or  put  up  in  a  clear  manner,  in  the  En^/lish 
language,  the  words,  "imitation  milk,"  in  printed  letters  in  plain  roman  type,  each  of 
which  shall  not  be  less  than  one  inch  in  height  and  one-half  inch  in  width,  and  in  addi- 
tion to  the  above  shall  prepare  a  statement,  printed  in  plain  roman  type,  of  a  size  not 
smaller  than  pica,  stating  in  the  English  language  its  name,  and  the  name  and  address 
of  the  manufacturer,  the  name  of  the  place  where  manufactured  or  put  up,  and  also  th'e 
name  and  actual  percentages  of  the  various  ingredients  used  in  the  manufacture  of  such 
imitation  milk ;  and  shall  place  a  copy  of  said  statement  within  and  upon  the  contents 
of  each  case,  box,  carton,  or  other  package,  and  next  to  that  portion  of  each  case,  box, 
carton,  or  other  package  as  is  commonly  and  most  conveniently  opened,  and  in  addition 
thereto  shall  label  each  bottle,  can,  container,  or  other  package  containing  imitation 
milk  with  the  words  "imitation  milk"  printed  in  black-face  plain  roman  capital  letters 
of  a  size  not  less  than  twelve  point,  and  said  words  shall  appear  upon  the  main  or 
principal  label  of  said  bottles,  cans,  containers,  or  other  packages  containing  any 
imitation  milk,  and  in  addition  thereto  said  main  or  principal  label  shall  contain  or 
bear  the  words:   "Not  suitable  for  infant  food,"  in  plain  legible  type. 

Adulteration. 

§  4.  Imitation  milk,  not  condensed  or  evaporated,  shall  be  deemed  adulterated  within 
the  meaning  of  this  act  if  it  contains  less  than  three  per  cent  of  edible  fats,  or  oils,  and 
imitation  milk,  if  evaporated  or  condensed,  shall  be  deemed  adulterated  within  the 
meaning  of  this  act  if  it  contains  less  than  seven  and  eight-tenths  per  cent  of  edible 
fats  or  oils. 

Display  of  sign  by  restaurants,  etc. 

§  5.  No  keeper  or  proprietor  of  any  bakery,  hotel,  boarding  house,  restaurant,  saloon, 
lunch  counter,  or  any  place  of  public  entertainment,  and  no  person  having  charge 
thereof,  or  employee  thereat,  and  no  employer  when  such  board  is  furnished  as  compen- 
sation, or  part  of  the  compensation  of  any  employee,  shall  place  before  any  patron  or 
employee  for  use  as  food,  any  imitation  milk,  unless  there  shall  be  displayed  in  a 
prominent  place  in  said  bakery,  hotel,  boarding  house,  restaurant,  saloon,  lunch  counter, 
or  other  place  of  public  entertainment  in  each  room  where  meals  are  served,  a  sign 
bearing  the  words:  "Imitation  milk  used  and  served  here,"  in  black-faced  letters  and 
not  less  than  four  inches  in  length  upon  a  white  ground. 

License  for  manufacture  and  sale  of  imitation  milk.  Licenses  issued  annually.  Fee. 
§  6.  No  person,  firm  or  corporation  shall  engage  in  the  business  or  occupation  of 
manufacturing,  selling,  dealing,  or  in  furnishing  imitation  milk,  without  first  having 
applied  for  and  obtained  a  license  so  to  do  as  hereinafter  provided.  Any  person,  firm 
or  corporation  dealing  in  or  engaged  in  the  business  or  occupation  of  manufacturing, 
selling,  dealing  in  or  furnishing  to  his,  its  or  their  patrons,  imitation  milk,  as  in  this  act 
defined  shall  first  make  application  each  year  to  the  state  dairy  bureau  for  a  license, 
and  upon  payment  of  license  fee  of  the  amount  mentioned  herein  to  the  state  dairy 
bureau,  said  bureau  shall  issue  to  the  applicant  a  license.  All  such  licenses  shall  contain 
the  following  proviso ;  provided,  that  this  license  does  not  authorize  the  holder  thereof  to 
manufacture,  sell,  deal  in  or  furnish  any  imitation  milk  and  similar  substances  that 
may  be  used  as  a  substitute  for  milk  or  condensed  or  evaporated  milk  which  resembles 
in  appearance  pure  whole  cow's  milk,  or  the  condensed  or  evaporated  product  made 
therefrom.  All  such  licenses  shall  expire  on  June  thirtieth  of  each  year,  and  may  be 
issued  in  periods  of  one  yeax  or  less  than  one  year,  on  payment  of  a  proportionate  part 
of  the  license  fee,  provided  that  no  license  shall  be  issued  for  a  period  of  less  than 
three  months.  The  fee  for  issuing  said  license  to  said  manufacturers,  of  any  of  the 
said  substances  within  this  state  shall  be  one  hundred  dollars;  for  issuing  to  wholesale 


531  OAIRIiiS.  Ac-t  117:.*,  §§  7-» 

dealers  in',  or  importers  or  ageuts  for  importers,  of  any  of  said  substances  the  fee  shall 
be  fifty  dollars;  for  issuing  to  retail  dealers  in  any  of  said  substances  the  fee  shall  be 
five  dollars ;  and  for  issuing  to  the  keeper  of  any  hotel,  restaurant,  boarding  house,  and 
any  other  place  where  meals  are  served  and  payment  is  received  therefor,  either  imme- 
diately or  by  the  day,  week  or  month,  the  fee  shall  be  two  dollars.  The  term  '  *  wholesale 
dealer"  as  used  in  this  section  includes  all  persons,  firms  or  corporations  who  sell  any 
of  said  substances  in  quantities  of  one  full  ease  or  more  at  a  time  or  in  the  same  trans- 
action. The  term  "retail  dealer"  includes  all  persons  who  sell  only  in  quantities  less 
than  one  ease.  All  licenses  while  in  force  shall  be  kept  conspicuously  displayed  in  the 
places  of  business  of  the  party  or  parties  to  whom  they  have  been  issued. 

It  shall  be  unlawful  for  any  person,  firm  or  corporation  to  manufacture,  buy,  sell,  deal 
in  or  furnish  to  his,  its  or  their  patrons,  or  to  have  in  their  possession,  for  any  pm-pose 
whatsoever  other  than  for  consumption  in  his  own  family,  or  for  transportation  in  case 
of  a  boat  or  railroad  company,  or  for  the  purpose  of  storage  in  case  of  a  warehouse  oi 
cold  storage  company,  any  imitation  milk  or  similar  substance  designed  to  be  used  at 
a  substitute  for  milk  or  for  condensed  or  evaporated  milk  without  having  first  applied 
for  and  obtained  from  the  state  dairy  bureau  of  the  state  of  California  a  license  herein 
required. 

Penalty. 

^  7.  Any  person,  firm  or  corporation  found  guilty  of  violating  any  of  the  provisions 
of  this  act  shall  be  punished  by  a  fine  of  not  less  than  fifty  dollars,  nor  more  than  five 
hundred  dollars,  or  by  imprisonment  in  the  county  jail  for  not  less  than  thirty  days 
nor  more  than  six  months,  or  by  both  such  fine  and  imprisonment. 

Enforcement. 

^  8.  It  shall  be  the  duty  of  the  state  dairy  bureau,  now  existing  under  the  laws  of 
this  state,  to  enforce  the  provisions  of  this  act;  provided,  that  nothing  in  this  act  shall 
be  construed  to  prevent  any  city  or  county  or  state  board  of  health  or  other  city  or 
county  official  from  enforcing  the  provisions  of  this  act. 

Repealed. 

§  9.  All  acts  and  parts  of  acts  inconsistent  with  the  provisions  of  this  act  are 
hereby  repealed. 

DAIRY  BUREAU. 

See  tit.  "State  Dairy  Bureau." 

DALY  CITY. 

See  Act  3094,  note. 

DAVIS. 

See  Act  3094,  note. 


CHAPTER  84. 

DEADLY  WEAPONS. 

References:    Arrested  person,  taking  from,  see  Kerr's  Cyc.  Penal  Code,  §846. 
Assault  with,  see  Kerr's  Cyc.  Penal  Code,  §  245. 
Assault  with,  by  prisoner,  see  Kerr's  Cyc.  Penal  Code,  §  246. 

Bringing  into  jail,  state  prison,  or  reformatory,  see  Kerr's  Cyc.  Penal  Code,  §  171a. 
Exhibiting  in  rude,  etc.,  manner,  see  Kerr's  Cyc.  Penal  Code,  §417. 
Possession  of  with  intent  to  assault,  see  Kerr's  Cyc.  Penal  Code,  §  467. 

CONTENTS  OF  CHAPTER. 

ACT  1181.    Eegistration  of  Pubchasebs  off  Pistols. 
1182.    Concealed  Weapons  Act. 


Acts  lib!,  lis::,  gg  1-3  GENERAL   LAWS.  5Ua 

REGISTRATION  OF  PURCHASERS. 
ACT  1181 — An  act  providing  for  the  registration  of  the  purchasers  of  pistols;  and 
providing  for  the  punishment  of  dealers  neglecting  to  register  such  purchasers. 
History:     Approved  March  6.  1909,  Stats.   1909,  p.  163. 

Registration  required. 

^  1.  Every  person  engaged  in  the  business  of  selling  at  retail  pistols  shall  keep  a 
register  in  which  shall  be  entered  the  name,  age,  occupation  and  residence  (if  residing 
in  a  city  then  the  street  number  of  such  residence)  of  each  and  every  purchaser  of  such 
pistols,  together  with  the  number  or  other  mark  of  identification  if  any  on  such  pistol, 
which  said  register  shall  be  open  to  the  inspection  of  all  peace  oflScers  at  all  times. 

Penalty. 

$  2.  Every  person  violating  any  of  the  provisions  of  this  act  shall  be  deemed  guilty 
of  a  misdemeanor  and  shall  on  conviction  be  fined  a  sum  not  to  exceed  fifty  dollars  or 
in  default  of  the  payment  of  said  fine  shall  be  imprisoned  in  the  county  jail  not  to 
exceed  one  day  for  each  two  dollars  of  said  fine. 

Superseded. — This  act  was  probably  superseded  by   the  act  of  1917. — See,  post,  Act  1182. 

CONCEALED  WEAPONS. 
ACT  1182 — An  act  relating  to  and  regulating  the  carrying,  possession,  sale  or  other 
disposition  of  firearms  capable  of  being  concealed  upon  the  person;  prohibiting  the 
possession,  carrying,  manufacturing  and  sale  of  certain  other  dangerous  weapons 
and  the  giving,  transferring  and  disposition  thereof  to  other  persons  within  this  state; 
providing  for  the  registering  of  the  sales  of  firearms;  prohibiting  the  carrying  or 
possession  of  concealed  weapons  in  municipal  corporations;  providing  for  the  destruc- 
tion of  certain  dangerous  weapons  as  nuisances  and  making  it  a  felony  to  use  or 
attempt  to  use  certain  dangerous  weapons  against  another. 

History:     Approved   May  4,  1917.     In  effect  July  27,  1917.     Stats. 
1917,  p.  221. 

Manufacture,  etc.,  of  certain  dangerous  weapons  misdemeanor. 

§  1.  Ever}'  person  who  manufactures  or  causes  to  be  manufactured,  or  leases,  or 
keeps  for  sale,  or  offers,  or  gives,  or  otherwise  disposes  of  any  instrument  or  weapon 
of  the  kind  commonly  known  as  a  blackjack,  slungslot,  billy,  sandclub,  sandbag,  bludg- 
eon, or  metal  knuckles,  a  dirk  or  dagger,  to  any  person  within  this  state  is  guilty  of 
a  misdemeanor,  and  if  he  has  been  previously  convicted  of  a  crime  made  punishable  by 
this  section,  he  is  guilty  of  a  felony. 

Possession  of  certain  dangerous  weapons  misdemeanor. 

§  2.  Every  person  who  possesses  any  instrument  or  weapon  of  the  kind  commonly 
known  as  a  blackjack,  slungslot,  billy,  sandclub,  sandbag,  bludgeon,  metal  knuckles, 
bomb  or  bombshells,  or  who  carries  a  dirk  or  dagger,  is  guilty  of  a  misdemeanor,  and 
if  he  has  been  convicted  previously  of  any  felony  or  of  a  crime  made  punishable  by 
this  act,  he  is  guilty  of  a  felony. 

Carrying  firearms  without  license  misdemeanor. 

^  3.  Every  person  who  carries  in  any  city,  city  and  county,  town  or  municipal  corpo- 
ration of  this  state  any  pistol,  revolver,  or  other  firearm  concealed  upon  his  person, 
without  having  a  license  to  carry  such  firearm  as  hereinafter  provided  in  section  six  of 
this  act,  shall  be  guilty  of  a  misdemeanor,  and  if  he  has  been  convicted  previously  of 
any  felony,  or  of  any  crime  made  punishable  by  this  act,  he  is  guilty  of  a  felony. 


I 


533  DEADLY    WEAPONS.  Act  1182,  §§  4-7 

Unlawful  possession  of  weapon,  etc.,  nuisance.    Surrender  of  weapons,  etc.    Destruction 

of  weapons,  etc. 

$  4.  The  unlawful  possession  or  carrying  of  any  of  the  instruments,  weapons  or 
firearms  enumerated  in  section  one  to  section  three  inclusive  of  this  act,  by  any  person 
other  than  those  authorized  and  empowered  to  carry  or  possess  the  same  as  hereinafter 
provided,  is  a  nuisance,  and  such  instruments,  weapons  or  fii'earms  are  hereby  declared 
to  be  nuisances,  and  when  any  of  said  articles  shall  be  taken  from  the  possession  of  any 
person  the  same  shall  be  surrendered  to  the  magistrate  before  whom  said  jjerson  shall 
be  taken,  except  that  in  any  city,  city  and  county,  town  or  other  municii^al  corporation 
the  same  shall  be  surrendered  to  the  head  of  the  police  force,  or  police  department 
thereof.  The  officers  to  whom  the  same  may  be  so  surrendered,  except  upon  certificate 
of  a  judge  of  a  court  of  record,  or  of  the  district  attorney  of  any  county  that  the  pres- 
ervation thereof  is  necessary  or  proper  to  the  ends  of  justice,  shall  proceed  at  such 
time  or  times  as  he  deems  proper,  and  at  least  once  in  each  year  to  destroy  or  cause 
to  be  destroyed  such  instruments,  weapons  or  other  firearms  in  such  manner  and  to  such 
extent  that  the  same  shall  be  and  become  wholly  and  entirely  ineffective  and  useless  for 
the  pui'pose  for  which  it  was  manufactured. 

Attempted  use  of  weapons  felony. 

5  5.  Any  person  who  attempts  to  use,  or  who  with  intent  to  use  the  same  unlawfully 
against  another,  carries  or  possesses  a  dagger,  dirk,  dangerous  knife,  razor,  stiletto,  or 
any  loaded  pistol,  revolver  or  other  firearm,  or  any  instrument  or  weapon  commonly 
known  as  a  blackjack,  slungslot,  billy,  sandelub,  sandbag,  metal  knuckles,  bomb,  or 
bombshell  or  any  other  dangerous  or  deadly  instrument  or  weapon,  is  guilty  of  a  felony. 
The  carrying  or  possession  of  any  of  the  weapons  specified  in  this  section,  by  any 
person  while  committing,  or  attempting  or  threatening  to  commit  a  felony,  or  breach  of 
the  peace,  or  any  act  of  violence  against  the  person  or  property  of  another,  shall  be 
presumptive  evidence  of  carrying  or  possessing  such  weapon  with  intent  to  use  the 
same  in  violation  of  this  section. 

License  to  carry  concealed  firearm. 

$  6.  Jt  shall  be  lawful  for  the  board  of  police  commissioners,  chief  of  police,  city 
marshal,  town  marshal,  or  other  head  of  the  police  department  of  any  city,  city  and 
county,  town,  or  other  municipal  corporation  of  this  state,  upon  proof  before  said  board, 
chief,  marshal  or  head,  that  the  person  applying  therefor  is  of  good  moral  character, 
and  that  good  cause  exists  for  the  issuance  thereof,  to  issue  to  such  person  a  license 
to  carry  a  concealed  pistol,  revolver  or  other  firearm ;  provided,  however,  that  the  appli- 
cation to  carry  concealed  such  firearm  shall  be  filed  in  writing  and  shall  state  the  name 
and  residence  of  the  applicant,  the  nature  of  the  applicant's  occupation,  the  business 
address  of  applicant,  the  nature  of  the  weapon  sought  to  be  carried  and  the  reason  for 
the  filing  of  the  application  to  carry  the  same. 

Register  of  sales  of  firearms.  Duplicate  sheet  mailed  to  police.  Violation  misdemeanor. 

^  7.  Every  person  in  the  business  of  selling,  leasing  or  otherwise  transferring  a 
pistol,  revolver  or  other  firearm,  of  a  size  capable  of  being  concealed  upon  the  person, 
whether  such  seller,  leaser  or  transferrer  is  a  retail  dealer,  pawnbroker  or  otherwise, 
except  as  hereinafter  provided,  shall  keep  a  register  in  which  shall  be  entered  the  time 
of  sale,  the  date  of  sale,  the  name  of  the  salesman  making  the  sale,  the  place  where  sold, 
the  make,  model,  manufacturer's  number,  caliber  or  other  marks  of  identification  on 
such  pistol,  revolver  or  other  firearm.  Such  register  shall  be  prepared  by  and  obtained 
from  the  state  printer  and  shall  be  furnished  by  the  state  printer  to  said  dealers  on 
application  at  a  cost  of  three  dollars  per  one  hundred  leaves  in  duplicate  and  shall  bo 
in  the  form  hereinafter  provided.    The  purchaser  of  any  firearm,  capable  of  being  con- 


Act  1182,  §7  GEXKRAI.   LAWS.  534 

cealed  upon  the  person  shall  sign,  and  the  dealer  shall  require  him  to  sign  his  name  and 
affix  his  address  to  said  register  in  duplicate  and  the  salesman  shall  affix  his  signature 
in  duplicate  as  a  witness  to  the  signatures  of  the  purchaser.  Any  person  signing  a 
fictitious  name  or  address  is  guilty  of  a  misdemeanor.  The  duplicate  sheet  of  such 
register  shall  on  the  evening  of  the  day  of  sale,  be  placed  in  the  mail,  postage  prepaid 
and  properly  addressed  to  the  board  of  police  commissioners,  chief  of  police,  city  mar- 
shal town  marshal  or  other  head  of  the  police  department  of  the  city,  city  and  county, 
town  or  other  municipal  corporation  wherein  the  sale  was  made;  provided,  that  where 
the  sale  is  made  in  a  district  where  there  is  no  municipal  police  department,  said  dupli- 
cate sheet  shall  be  mailed  to  the  county  clerk  of  the  county  wherein  the  sale  is  made. 
A  violation  of  any  of  the  provisions  of  this  section  by  any  person  engaged  in  the  busi- 
ness of  selling,  leasing  or  othei-wise  transferring  such  firearms  is  a  misdemeanor.  This 
section  shall  not  apply  to  wholesale  dealers  in  their  business  intercourse  with  retail 
dealers,  nor  to  wholesale  or  retail  dealers  in  the  regular  or  ordinary  transportation  of 
unloaded  fireanns  as  merchandise  by  mail,  express  or  other  mode  of  shipment,  to  points 
outside  of  the  city,  city  and  count}',  town  or  municipal  corporation  wherein  they  are 
situated.  The  register  provided  for  in  this  act  shall  be  substantially  in  the  following 
form: 

Form  of  register. 

Series  No 

Sheet  No 

ORIGINAL. 

Dealers'  Record  of  Sale  of  Revolver  or  Pistol.    State  of  California. 
Notice  to  dealers:    This  original  is  for  your  files.    If  spoiled  in  making  out,  do  not 
destroy.    Keep  in  books.    Fill  out  in  duplicate. 

Carbon  duplicate  must  be  mailed  on  the  evening  of  the  day  of  sale,  to  head  of  police 
commissioners,  chief  of  police,  city  marshal,  town  marshal  or  other  head  of  the  police 
department  of  the  municipal  corporations  wherein  the  sale  is  made,  or  to  the  county 
clerk  of  vour  county  if  the  sale  is  made  in  a  district  where  there  is  no  municipal  police 
department.  Violation  of  this  law  is  a  misdemeanor.  Use  carbon  paper  for  duplicate. 
Use  indelible  pencil. 

Sold  by Salesman 

City,  town  or  township 

Description  of  arm  (state  whether  revolver  or  pistol) 

Maker number caliber 

Name  of  purchaser age years. 

Permanent  residence   (state  name  of  city,  town  or  township,  street  and  number  of 

dwelling)    

Height feet inches.    Occupation 

Color skin eyes hair 

If  traveling  or  in  locality  temporarily,  give  local  address 

Signature  of  purchaser 

(Signing  a  fictitious  name  or  address  is  a  misdemeanor.)     (To  be  signed  in  duplicate.) 

Witness >  salesman. 

(To  be  signed  in  duplicate.) 

Series  No 

Sheet   No 

DUPLICATE. 

Dealers*  Record  of  Sale  of  Revolver  or  Pistol.     State  of  California. 

Notice  to  dealers;    This  carbon  duplicate  must  be  mailed  on  the  evening  of  the  day 


5S»  DEADLY   WEAPONS.  Act  11S2,  §§  8,  0 

of  sale  as  set  forth  in  tbe  original  of  this  register  page.     Violation  of  this  law  is  a 
misdemeanor. 

Sold  by Salesman 

City,  toAvn  or  township 

Description  of  arm  (state  whether  revolver  or  i^istol) 

Maker number caliber 

Name  of  purchaser age years. 

Permanent  address  (state  name  of  city,  town  or  townshij^,  street  and  number  of  dwell- 
ing)   


Height feet inches.     Occupation 

Color skin eyes hair 

If  traveling  or  in  locality  temporarily,  give  local  address 


Signature  of  purchaser 

(Signing  a  fictitious  name  or  address  is  a  misdemeanor.)     (To  be  signed  in  duplicate.) 

Witness ,  salesman. 

(To  be  signed  in  duplicate.) 

Exceptions. 

$  8.  Nothing  in  this  act  shall  be  construpd  to  apply  to  sheriffs,  constables,  marshals, 
policemen  or  other  duly  appointed  peace  officers,  nor  to  any  person  summoned  by  any 
such  officers  to  assist  in  making  arrest  or  preserving  the  peace  while  said  person  so 
summoned  is  actually  engaged  in  assisting  such  officer;  nor  to  duly  authorized  military 
or  civil  organizations  while  parading  nor  to  the  members  thereof  when  going  to  and 
from  the  places  of  meeting  of  their  respective  organizations;  nor  to  the  possession 
or  transportation  by  any  merchant  of  unloaded  firearms  as  merchandise;  nor  to  bona 
fide  members  of  any  club  or  organization  now  existing  or  hereinafter  organized,  for  the 
purpose  of  practicing  shooting  at  targets  upon  established  target  ranges,  whether  public 
or  private,  while  such  members  are  using  any  of  the  firearms  referred  to  in  this  act 
upon  or  in  such  target  ranges,  or  while  going  to  and  from  such  ranges. 

C  onstitutionality. 

$  9.  If  any  section,  subsection,  sentence,  clause  or  phrase  of  this  act  is  for  any 
reason  held  to  be  unconstitutional  such  decision  shall  not  affect  the  validity  of  the 
remaining  portions  of  this  act.  The  legislature  hereby  declares  that  it  would  have 
passed  this  act  and  each  section,  subsection,  sentence,  clause  and  phrase  thereof,  irre- 
spective of  the  fact  that  any  one  or  more  other  sections,  subsections,  sentences,  clauses 
or  phrases  be  declared  unconstitutional. 

1.  Constitutionality  —  Reasonable  police  ment. — People  v.  Smith,  36  Cal.  App.  S8,  171 
regulation. — Section  3  of  tlie  act  relating-  to       Pac.   69G. 

carrying  of  concealed   weapons   in   a   munic-  4.      Same — Invalidity  not  considered. — The 

ipality    is    a    reasonable    police    regulation,  question  of  the  invalidity  of  the  second  sen- 

and     is     not     unconstitutional.  —  People     v.  tence  of  section  5  of  the  act  of  1917,  relating 

Smith,  36  Cal.  App.   88,   171   Pac.   696.  the    effect    of   certain    facts    as    presumptive 

2.  Same — Class  legrislation. — The  act  op-  evidence,  is  not  considered,  but  even  if  in- 
erates  uniformly  upon  all  persons  in  the  valid,  its  invalidity  would  not  render  the 
same  category,  and  there  is  a  reasonable  provision  void. — In  re  Dare,  176  Cal.  83,  16S 
basis  for  the  classification,  whereby  persons  Pac.    19. 

previously  convicted  of  a  felony  are  punished  5.     The  first  sentence  of  section  5  of  the 

more  heavily  than  one  who  has  sustained  no  act  of  1917    (1917-221)  is  a  valid  exercise  of 

prior   conviction. — People    v.   Smith,    36    Cal.  the  legislative   power. — In  re  Dare,  176  Cal. 

App.  88,   171   Pac.   696.  83,   168   Pac.    19. 

3.  Same — Ex  post  facto  la%v. — The  law  G.  Carrylns  concealed  weapons. — Not  a 
is  not  ex  post  facto  because  it  authorizes  municipal  affair,  and  prevention  is  always  a 
the  offender's  past  conduct  to  be  taken  into  proper  subject  for  state  legislation. — People 
account    in    the    graduation    of    the    punish-  v.    Smith    (Cal.   App.),    171    Pac.    696. 


Act«llS5-ll«»  GENKRAL   LAWS.  530 


CHAPTER  85. 

DEAF,  DUMB,  AND  BLIND  ASYLUM. 

References:    California  school  for  the   deaf  and  dumb,  see  Kerr's  Cyc  Political  Code, 
SS  2236,  et  acq. 
County  relief  for  needy  blind,  see  tit.  "Blind." 

Industrial  home  for  the  adult,  see  Kerr's  Cyc.  Political  Code,  §§2207,  et  seq. 
Pensions  for  teachers  in  California  school  for  deaf  and  dumb,  see  tit.  "Pensions." 

CONTENTS  OF  CHAPTER. 

ACT  1185.  Bequests  op  Money  and  Property. 

1186.  "Water  Supply. 

1187.  Removal  op  Fence  to  Permit  the  Use  op  the  Public  Highway. 

1188.  Manual  and  Industrial  Arts  Building  Authorized. 

1189.  Separation  of  the  Deaf  and  Blind  Departments. 

1190.  Eeaders  for  Blind  Students.     Attendance  of  Students  at  National  College 

FOR  Deaf. 

1191.  Removal  of  Fence  to  Allow  Use  of  Certain  Land  as  Highway. 

BEQUESTS  AND  DONATIONS  OF  MONEY  AND  PROPERTY. 
ACT  1185 — An  act  to  confer  certain  powers  upon  the  directors  of  the  deaf,  dmuh  and 
blind  asylum. 

History:     Approved  April  1,  1876,  Stats.  1875-76,  p.  G86. 

The  act  empo^vcrcd  the  directors  to  receive  and  invest  money  and  property  bequeathed 
and  donated  to  the  asylum. 

WATER  SUPPLY. 

ACT  1186 — An  act  to  provide  a  supply  of  water  for  the  university,  and  for  the  asylum 

for  the  deaf,  dumb,  and  blind. 

History:     Approved  April  1,  1876,  Stats.  1875-76,  p.  816. 

Thla  act  provided  for  the  condemnation  of  commissioners,  is  not  operative  without  the 

certain   springs   and   rights   of   way.  concurrence    of    the    governor    with    the   ap- 

1.  .\%vard  of  coniniis.sious  did  not  become  praisal. — Berryman  v.  Perkins,  55  Cal.  483. 
a  final  judgment  under  the  act  until  after  3.  DIandamu.s. — The  court  can  not  control 
Its  approval  and  confirmation  by  the  gov-  the  discretion  of  the  governor  in  a  matter 
ernor. — People   v.   Pfeiffer,    59   Cal.    89.  Avhich  is  confided  to  it  by  the  act,  or  deter- 

2.  Condemnation  of  springs  and  lands  mine  his  decision  by  mandamus. — Berryman 
for   ricrht    of    way. — Under    the    act   the    ap-  v.  Perkins,  55  Cal.  483. 

praisal    by    the    superior    court,    a    jury    or 

REMOVAL  OF  FENCE  TO  PERMIT  THE  USE  OF  THE  PUBLIC  HIGHWAY. 

ACT  1187 — An  act  to  authorize  certain  improvements  upon  the  grounds  and  streets 

adjacent  to  the  grounds  of  the  California  Institution  for  the  Deaf  and  Blind,  at 

Berkeley,  California,  and  making  an  appropriation  therefor. 

History:      Approved  April  10,  1911,   Stats.   1911,  p.   845. 

See  .\ct  imi   on   similar  subject.  that   certain    property    could    be    used    as    a 

ThiH  act  authorized  the  directors  to  move       public   highway'. 
the  fence  on   the  southern  boundary  line  so 

MANUAL  AND  INDUSTRIAL  ARTS  BUILDING. 
ACT  1188 — An  act  to  provide  for  the  erection  and  ectuipment  of  a  building  at  the 
California  Institution  for  the  Deaf  and  Blind  at  Berkeley,  to  be  used  for  instruction 
in  manual  and  industrial  arts,  and  to  make  an  appropriation  therefor. 

History:      Approved   May   1,    1911,   Stats.    1911,   p.    12'56. 
Thin  act  appropriated  sixty  thousand  dollars  for  the  purpose  indicated. 

SEPARATION  OF  DEAF  AND  BLIND  DEPARTMENTS. 
ACT  1189 — An  act  to  provide  for  the  separation  of  the  deaf  and  the  blind  departments 
in  the  California  School  for  the  Deaf  and  the  Blind. 

History:     Approved  April  1,  1915.     In  effect  August  8,  1915.     Stats. 
191o,  p.  20. 


837  DEAF,   DUMB,   AXD   BLIND.  Acts  1180,  1101,  §  1 

Separation  of  deaf  and  blind  departments. 

$  1,  The  board  of  directors  of  the  California  School  for  the  Deaf  and  the  Blind  are 
hereby  authorized  and  empowered,  with  a  view  to  the  separation  of  the  departments 
of  the  deaf  and  the  blind  in  said  school,  to  select  and  purchase  as  soon  as  the  necessary 
funds  for  said  purpose  shall  have  been  approjjriated,  and  subject  to  the  approval  of  the 
state  board  of  control,  a  suitable  tract  of  land  for  the  purpose  of  effecting  said 
separation. 

READERS  FOR  BLIND  STUDENTS.    ATTENDANCE  OF  STUDENTS  AT 
NATIONAL  COLLEGE  FOR  DEAF. 
ACT  1190 — An  act  to  provide  readers  for  blind  students  in  the  University  of  Califor- 
nia,  and  to  assist  deaf  students  attending  the  National  College  for  the  Deaf  at 
Washington,  D.  C,  and  making  an  appropriation  therefor. 

History:     Approved  June  9,  1915.     In  effect  August  8,  1915.     Stats. 
1915,  p.  1329. 

Appropriation:  readers  for  blind  students.   Expenses  of  deaf  students. 

§  1.  The  sum  of  three  thousand  dollars,  or  so  much  thereof  as  may  be  necessary,  is 
hereby  appropriated  out  of  any  moneys  in  the  state  treasury  not  otherwise  appropri- 
ated, to  be  expended  under  the  supervision  of  the  board  of  directors  of  the  California 
School  for  the  Deaf  and  the  Blind,  during  the  biennial  period  ending  June  30,  1917,  in 
providing  readers  for  blind  persons  who  shall  be  residents  of  the  State  of  California 
and  graduates  of  the  California  School  for  the  Deaf  and  the  Blind,  and  who  shall 
regularly  matriculate  in,  and  work  for  a  degree  in  the  University  of  California;  and 
in  defraying  the  expenses  of  deaf  persons  who  shall  be  citizens  of  the  State  of  Califor- 
nia, and  graduates  of  the  California  School  for  the  Deaf  and  the  Blind,  taking  a  col- 
legiate course  of  instruction  in  the  National  College  for  the  Deaf  at  Washington,  D.  C. ; 
provided,  however,  that  no  more  than  three  hundred  dollars  shall  be  expended  for  any 
one  student  during  any  one  school  year. 

REMOVAL  OF  FENCE,  ETC. 

ACT  1191 — An  act  to  authorize  certain  improvements  upon  the  grounds  of  the  Califor- 
nia School  for  the  Deaf  and  Blind  at  Berkeley,  California. 

History:   Approved  May  17,  1917.    In  effect  July  27,  1917.    Stats.  1917, 
p.  578. 

Fences  on  grounds  of  California  School  for  Deaf  and  Blind. 

§  1.  The  directors  of  the  California  School  for  the  Deaf  and  Blind  are  hereby 
authorized  to  remove  the  present  fence  on  the  grounds  of  said  school,  which  extends 
thirty  feet  across  the  eastern  terminus  of  Derby  street,  and  also  the  fence  which  extends 
a  distance  of  one  hundred  twenty-four  and  sixty-five  one-hundredths  feet  from  said 
terminus  along  Tanglewood  road,  as  said  street  and  road  are  delineated  upon  a  map 
entitled,  "plat  of  Tanglewood  road  opening,  Berkeley,  California,"  filed  in  the  office  of 
the  county  recorder  of  Alameda  county  on  the  third  day  of  April,  one  thousand  nine 
hundred  sixteen,  and  recorded  in  liber  fourteen  of  maps,  page  twenty-five,  and  to  replace 
said  fence  along  a  line  described  as  follows : 

Commencing  at  the  point  of  intersection  of  the  northerly  line  of  Derby  street  and  the 
easterh'  line  of  Belrose  avenue  extended  northerly,  as  said  street  and  avenue  are  delin- 
eated on  said  plat  of  Tanglewood  road  opening,  Berkeley,  California;  thence  easterly 
parallel  to  the  southerly  line  of  plot  seventy-eight,  as  said  plot  is  shown  and  designated 
upon  Kellersberger 's  map  of  rancho  of  Vicente  and  Domingo  Peralta,  and  filed  in  the 
office  of  the  county  recorder  of  Alameda  county,  a  distance  of  eighteen  and  five-tenths 
feet;  thence  along  a  circular  are  of  two  hundred  two  and  ninety-four  one-hundredths 
feet  radius  easterly  and  southerly  to  its  intersection  with  the  said  southerly  line  of  plot 


Act  1206,  §§  1-4  CENKKAI.   LAWS.  OJiS 

seventy-eight  at  a  point  distant  therein  easterly  one  hundred  twenty-four  and  sixty-five 
one-hundredths  feet  from  the  intersection  of  the  easterly  line  of  Belrose  avenue  and 
the  said  southerly  line  of  plot  seventy-eight,  in  order  that  the  following  described 
triangular  piece  of  land  may  be  used  as  a  public  highway: 

Beginning  at  the  intersection  of  the  eastern  line  of  Belrose  avenue  with  the  dividing 
line  between  plot  seventy-seven  and  plot  seventy-eight  as  shown  upon  said  Kellersber- 
ger's  map  of  rancho  of  Vicente  and  Domingo  Peralta,  and  running  thence  northerly 
along  the  said  eastern  line  of  Belrose  avenue  thirty  feet;  thence  easterly  parallel  to 
the  southern  line  of  said  plot  seventy-eight,  a  distance  of  eighteen  and  five-tenths  feet; 
thence  along  a  circular  arc  of  two  hundred  two  and  ninety-four  one-hundredths  feet 
radius  easterly  and  southerly  to  its  intersection  with  the  said  southern  line  of  plot 
seventy-eight  at  a  point  distant  therein  easterly  one  hundred  twenty-four  and  sixty-five 
one-hundredths  feet  from  the  point  of  beginning;  thence  westerly  in  a  straight  line  to 
the  point  of  beginning;  being  a  portion  of  said  plot  seventy-eight  and  containing 
six-hundredths  acre,  more  or  less. 

See  Act  11S7  on  similar  subject. 

DEATH. 

See  tit.  "Vital  Statistics." 
(Action  for  death,  see  Kerr 's  Cyc,  Code  Civil  Procedure,  $  377.) 

DEBRIS  COMMISSION. 
See  tits.  "Mines  and  Mining";  "State  Engineering." 


CHAPTER  86. 

DEEDS. 

References:    Acknowledgments  of  deeds,  see  tit.  "Acknowledgements." 
Deeds  referring  to  defective  maps,  see  tit.  "Maps." 

CONTENTS  OF  CHAPTER. 
ACT  1206.    Conveyances  by  Persons  With  Changed  Names. 

ACT  1206 — An  act  relating  to  conveyances  of  real  estate. 

History:    Approved  March  11,  1874,  Stats.  1873-74,  p.  345. 

Set  forth  name. 

$  1.  Any  person  in  whom  the  title  of  real  estate  is  vested,  who  shall  afterwards,  from 
any  cause,  have  his  or  her  name  changed,  shall,  in  any  conveyance  of  said  real  estate 
so  held,  set  forth  the  name  in  which  he  or  she  derived  title  to  said  real  estate. 

Index  of  grantors. 

§  2.  All  conveyances  of  real  estate,  except  patents  issued  by  the  state  as  a  party 
made  by  any  public  oflficer  pursuant  to  any  law  of  this  state,  shall,  when  recorded  by 
the  county  recorder,  be  by  him  alphabetically  indexed  in  the  "Index  of  Grantors," 
both  in  the  name  of  the  ofl&eer  making  such  sale,  and  in  the  name  of  the  person  owning 
the  property  so  sold. 

Title  name. 

§  3.  It  is  hereby  made  the  duty  of  all  county  recorders  to  alphabetically  index,  in 
the  "Index  of  Grantors,"  both  in  the  name  by  which  title  was  acquired,  and  also  by 
which  the  same  was  conveyed,  all  conveyances  referred  to  in  section  one  of  this  act. 

§  4.     This  act  shall  be  in  force  from  and  after  its  passage. 

1.     Code   commiMsioner's   note:    "Section   1  This   advice   does   not   seem    to   have    been 

of  the  statute  of  1873-74,  p.  345,  relating  to  followed,  and  §§  2  and  3  are  apparently  still 

conveyances  of  i-eal  estate,  is  codified  in  the  in    force.      As    to    §  1,    see    Kerr's    Cyc.    Civil 

above     section.       The     rest     of     the     statute  Code,   S  1096. 

should  be  added   to  the  Political  Code."  2.     Construction  of  act. — The  act  was  in- 


539  DENTISTRY.  Acts  1211,  1220 

tended  for  such  cases  as  that  of  a  married  3.     Title     acquired     In     other     than     real 

woman  conveying  land  to  which  she  ac-  name  of  grantee. — If  a  person  chooses  to 
quired  title  before  her  marriage,  or  of  a  take  the  title  to  real  estate  in  a  name  other 
man  whose  name  has  been  changed  by  law,  than  his  true  name,  so  far  as  that  property 
conveying  property  the  title  to  which  was  is  concerned,  he  has  assumed  the  name  in 
invested  in  him  prior  to  such  change  of  which  he  takes  title,  as  his  true  name,  and 
name;  but  it  does  not  apply  to  a  case  where,  he  may  be  sued  so  far  as  that  title  is  con- 
by  an  erroneous  statement  of  the  grantee's  cerned  by  the  name  he  thus  assumes. — Rm- 
name,  he  acquired  title  in  other  than  his  ery  v.  Kepp,  154  Cal.  83,  129  Am.  St.  Rep. 
real  name;  and  such  error  can  not  be  cor-  141,  16  Ann.  Gas.  792,  19  L.  R.  A.  (N.  S.; 
rected  by  reciting  the  fact  in  a  subsequent  983,  97  Pac.  17. 
deed. — Peckham  v.  Stewart,  97  Cal.  147,  31 
Pac.  928. 

DELANO. 

See  Act  3094,  note. 

CHAPTER  87. 

DEL  NORTE  COUNTY. 

References:     Boundary,  see  tit.  "County  Boundaries." 
Boundary,  see  Kerr's  Cyc.  Political  Code,  §  3909. 
Classification,  see  Kerr's  Cyc.  Political  Code,  §§  4005c,  4006. 
County  government,  see  Kerr's  Cyc.  Political  Code,   §§  4000,  et  seq. 

CONTENTS  OF  CHAPTER. 
ACT  1211.     Fence  and  Pound  Districts. 

FENCE  AND  POUND  DISTRICTS. 

ACT  1211 — An  act  to  make  applicable  to  Del  Norte  county  an  act  entitled  "An  act  in 

relation  to  fence  and  pound  districts  in  the  county  of  Sonoma,"  approved  March 

second,  A.  D.  eighteen  hundred  and  seventy-two. 

History:    Approved  March  23,  1875,  Stats.  1875-76,  p.  391. 

1.     Code   commissioners'   note   as   to   orig-        — See     Kerr's     Cyc.     Political     Code,     §  4041, 
inal  acts    "Superseded  as  to  pounds  by  sub-       subd.   14. 
division  14,  sec.  25,  Co.  Gov.  Act  1897:  463."  General  fencs  laws. — See  tit.  "Fences." 


CHAPTER  88. 

DENTISTRY. 

References:    Reproduction  of  register  of  board  of  dental  examiners,  see  tit.  "Burnt  and 
Destroyed  Records." 

CONTENTS  OF  CHAPTER. 

ACT  1226.     Practice  of  Dentistry  Act  of  1915. 

1227.     Office  of  State  Dental  Surgeon  Created. 

DENTAL  PRACTICE  ACT  OF  1915. 
ACT  1226 — An  act  to  insure  the  better  education  of  dental  surgeons  and  to  regulate 
the  practice  of  dentistry  in  the   state  of   California  providing  penalties  for  the 
violation  hereof. 

History:  Approved  May  21,  1915.  In  effect  August  8,  1915.  Stats. 
1915,  p.  698.  Former  acts:  Act  of  March  12,  1885,  Stats.  1885,  p.  110; 
amended  March  3,  1893,  Stats.  1893,  p.  70;  repealed  by  the  act  of 
March  23,  1901,  Stats.  1901,  p.  564,  which  was  amended  March  20, 
1903,  Stats.  1903,  p.  322;  March  20,  1905,  Stats.  1905,  p.  430;  March  6, 
1907,  Stats.  1907.  p.  Ill;  April  6,  1909,  Stats.  1909,  p.  800;  June  11, 
1913.  In  effect  August  10,  1913.  Stats.  1913,  p.  573;  and  superseded 
though  not  in  terms  repealed  by  the  present  act. 

The  title  of  the  act  of  1901  referred  expressly  to  the  repeal  of  the 
act  of  1885.  but  in  the  body  of  the  act  was  no  express  repeal.  The 
act  of  1901  took  effect  September  1,  1901. 


Act  1220,  §g  1-3  GENERAL   LAWS.  540 

License  required  to  practice  dentistry. 

$  1.  It  shall  be  unlawful  for  any  person  to  engage  in  the  practice  of  dentistry  in 
the  State  of  California  unless  such  person  shall  have  obtained  a  license  from  the 
board  of  dental  examiners  of  the  state  of  California,  as  hereinafter  provided,  except 
that  the  license  of  any  dentist,  existing  at  the  time  of  the  passage  of  this  act  shall 
continue  in  force  until  forfeited  in  the  manner  hereinafter  provided  and  the  annual 
tax  paid  by  any  such  dentist  under  the  terms  of  the  laws  of  the  state  of  California 
existing  at  the  time  of  the  passage  of  this  act  shall  keep  such  license  in  force  until 
the  expiration  of  the  time  for  which  the  same  was  paid,  and  thereafter  the  holder 
of  such  license  shall  be  subject  to  the  annual  tax  in  this  act  provided.  Nothing  herein 
contained  shall  be  construed  to  exempt  from  the  payment  of  the  annual  tax  any 
person  authorized  to  practice  dentistry  in  the  state  of  California,  and  every  person 
practicing  dentistry  in  this  state  shall  irrespective  of  the  time  when  he  was  licensed 
or  iirst  had  the  right  to  lawfully  practice  dentistry  in  this  state  or  elsewhere,  pay 
an  annual  tax  of  two  dollars  as  hereinafter  provided. 

Board  of  dental  examiners  created.    Term  of  of&ce.    Vacancies. 

$  2.  A  board  of  dental  examiners  to  consist  of  seven  practicing  dentists  is  hereby 
created,  to  be  known  as  the  board  of  dental  examiners  of  California,  whose  duty  it 
shall  be  to  carry  out  the  purposes  and  enforce  the  provisions  of  this  act.  The  members 
of  this  board  shall  be  appointed  by  the  governor  of  California,  all  of  whom  shall  have 
been  actively  and  legally  engaged  in  the  practice  of  dentistry  in  the  state  of  California, 
for  at  least  five  years  next  preceding  the  date  of  their  appointment,  and  none  of  whom 
shall  be  members  of  the  faculty  of  any  dental  college  or  dental  department  of  any 
medical  college  in  the  state  of  California,  or  shall  have  any  financial  interest  in  any 
such  college.  The  terra  for  which  the  members  of  said  board  shall  hold  office  shall  be 
four  years  and  until  their  successors  are  duly  appointed  and  qualified.  Their  terms  of 
office  shall  be  so  classified  that  the  terms  of  not  more  than  two  members  shall  expire 
in  any  one  year.  The  present  members  of  the  board  of  dental  examiners  of  California 
appointed  under  the  provisions  of  the  laws  of  this  state  in  force  at  the  time  that  this 
law  takes  effect  shall  continue  to  serve  and  act  as  members  of  the  said  board,  but 
under  the  provisions  of  this  act,  during  their  respective  terms  or  until  their  successors 
are  appointed  and  qualified.  Vacancies  occurring  in  the  board  of  dental  examiners 
shall  be  filled  by  appointment  by  the  governor,  within  thirty  days  after  such  vacancy 
occurs.  The  governor  shall  have  the  power  to  remove  from  office  at  any  time  any 
member  of  the  board  for  continued  neglect  of  duty  required  by  this  act,  or  for 
incompetencj'^,  unprofessional  or  dishonorable  conduct. 

President.    Secretary.    Meetings.    Examination  of  applicants. 

§  3.  It  shall  be  the  power  and  duty  of  said  board  to  elect  from  its  membership  a 
president,  vice-president  and  a  secretary.  The  secretary  shall  receive  such  compen- 
sation as  may  be  fixed  by  the  board,  which  shall  be  in  addition  to  his  per  diem  as  a 
member  of  the  board,  and  all  necessary  traveling  expenses  incurred  in  connection  with 
the  performance  of  the  duties  of  his  office.  The  board  shall  meet  regularly  at  least 
twice  a  year,  at  such  time  and  place  as  the  board  may  designate,  for  the  purpose  of 
transacting  its  business,  and  special  meetings  may  be  held  at  such  other  times  as  the 
board  may  elect,  or  on  the  call  of  the  president  of  the  board,  or  of  not  less  than  four 
members  thereof.  A  written  notice  of  the  time,  place  and  object  of  such  special 
meeting  shall  be  mailed  by  said  secretary  to  all  the  members  not  parties  to  the  call, 
at  least  fifteen  days  before  the  day  of  meeting.  Meetings  may  be  held  at  any  time  and 
place  and  without  notice  by  unanimous  consent  evidenced  either  by  writing  or  by  the 
presence  of  any  member  whose  consent  is  necessary.  The  said  board  shall  examine 
all  api.licants  for  license  to  practice  dentistry  according  to  the  provisions  of  this  act 


■J41  DEXTISTRY.  Act  1226,  §§  4-6 

and  issue  licenses  to  practice  dentistrj'  in  this  state  to  such  applicants  as  successfully 
pass  the  examination  of  the  board  and  otherwise  comply  with  the  provisions  of  this 
act;  collect  and  apply  all  fees  as  directed  by  this  act;  keep  a  book  showing  the  names 
of  all  persons  to  whom  licenses  have  been  granted  by  said  board  to  practice  dentistry, 
and  such  other  books  as  may  be  necessary  to  plainly  show  all  the  acts  and  proceedings 
of  said  board;  to  have  and  use  a  seal  bearing  the  name  "Board  of  Dental  Examiners 
of  California." 

Annual  report.     Quorum. 

The  board  shall  make  an  annual  report  of  its  proceedings  to  the  governor  of 
California  by  the  fifteenth  day  of  December  of  each  year,  together  with  an  account 
of  all  moneys  received  and  disbursed  by  it,  pursuant  to  this  act.  The  board  shall  have 
power  to  adopt  rules  concerning  its  meetings  and  the  holding  of  examinations  and 
the  manner  of  issuance  and  reissuance  of  licenses  not  inconsistent  with  the  provisions 
of  this  act.  Four  members  of  said  board  shall  constitute  a  quorum  for  the  transaction 
of  business  at  any  meeting  of  the  board.  Each  member  of  the  board  shall,  upon  his 
qualification,  file  with  the  secretary  his  post  office  address,  and  thereafter  any  notice 
of  any  change  thereof.  Any  notice  mailed  to  the  address  so  on  file,  shall  be  deemed 
to  comply  with  the  requirements  of  this  act  as  to  notice  to  such  member  of  the  board. 

Books,  public  records.    Examination  papers  kept  one  year. 

§  4.  All  books  of  said  board  shall  be  of  public  record  and  at  all  times  dui'ing 
business  hours  open  to  public  inspection,  and  a  copy  of  any  part  or  all  thereof  duly 
certified  by  the  secretary  of  said  board  shall  be  primary  evidence  in  any  court  of  this 
state.  The  original  books,  records  and  papers  of  the  board  shall  be  kept  at  the  office 
of  the  secretary  of  said  board  which  office  shall  be  at  such  place  as  may  be  designated 
by  the  board.  Said  secretary  shall  furnish  to  any  person  making  application  therefor 
a  copy  of  any  part  thereof,  certified  by  him  as  such  secretary,  upon  payment  of  a  fee  of 
twenty-five  cents  per  hundred  words  so  copied,  the  said  fee  to  be  deposited  in  the 
state  treasury  to  the  credit  of  the  board.  The  examination  papers  of  any  applicant 
shall  be  kept  for  the  period  of  one  year  and  may  then  be  destroyed,  but  such  examina- 
tion papers  shall  be  open  to  inspection  only  by  members  of  the  board  and  by  such 
applicant  or  by  some  one  appointed  by  the  latter  to  inspect  the  same,  or  by  a  court 
of  competent  jurisdiction  in  a  proceeding  where  the  question  of  the  contents  of  such 
paper  is  properly  involved. 

Compensation. 

$  5.  Each  member  of  the  board  shall  receive  a  per  diem  of  ten  dollars  as  com- 
pensation for  each  day  spent  in  actual  attendance  at  meetings  of  the  board  and  at 
committee  meetings  of  the  members  of  the  board,  when  such  meetings  shall  be  specially 
authorized  by  the  board,  and  for  each  day  actually  spent  performing  necessary  work 
in  connection  with  the  enforcement  of  this  act,  together  with  his  necessary  traveling 
expenses. 

Eligibility  to  take  examination.    Apprentices. 

§  6,  Any  person  over  twenty-one  years  of  age  shall  be  eligible  to  take  an  examination 
before  the  board  of  dental  examiners  of  California,  upon  making  application  therefor 
and  upon  (1)  paying  a  fee  of  twenty-five  dollars;  (2)  furnishing  satisfactory  testi- 
monials of  good  moral  character;  and  (3)  furnishing  satisfactory  evidence  of  having 
graduated  from  a  reputable  dental  college,  which  must  have  been  approved  by  the 
board  of  dental  examiners  of  California;  provided,  that  after  August  1,  1918,  he  shall 
also  file  his  diploma  or  certificate  of  graduation  with  recommendations  from  a  high 
school  accredited  to  the  University  of  California  or  any  other  university  of  equal 
standing;  or  a  certificate  signed  by  a  state  superintendent  of  public  instruction,  or 


Aci  1226,  §§  7, 8  GENERAI.   LAAVS.  542 

similar  officer,  to  the  effect  that  such  applicant  has  had  scholastic  preparation  equivalent 
in  all  respects  to  that  demanded  for  graduation  with  recommendations  from  a  high 
school  griving  a  four  year  course  of  instruction  in  the  state  from  which  such  certificate 
is  issued;  (4)  in  lieu  of  such  diploma  or  certificate  from  an  accredited  high  school, 
such  applicant,  after  said  date,  may  and  with  like  effect  furnish  to  said  board  of  dental 
examiners  a  certificate  from  the  board  of  dental  examiners,  or  similar  official  body,  of 
some  other  state  in  the  United  States,  showing  that  such  applicant  has  been  a  duly 
licensed  practitioner  of  dentistry  in  such  other  state  for  a  period  of  at  least  five  years; 
provided,  however,  that  every  person  actually  engaged  as  an  apprentice  to  a  regularly 
licensed  dentist  who  has  practiced  in  the  state  of  California  for  ten  years  or  more  shall 
be  eligible  for  examination,  if,  within  thirty  (30)  days  after  the  passage  of  this  act, 
he  shall  file  with  the  secretary  of  the  board  an  affidavit  stating  his  name,  age,  the 
length  of  time  for  which  he  has  been  actually  apprenticed  and  with  whom;  and  who, 
at  the  time  of  his  application  for  examination,  shall  show  to  the  satisfaction  of  the 
board  that  he  has  served  an  apprenticeship  of  at  least  five  (5)  years  and  is  a  graduate 
from  a  high  school  or  similar  institution  of  learning  in  this  or  some  other  state  of 
the  United  States  requiring  a  three  (3)  years'  course  of  study;  and  provided,  that 
no  examination  shall  be  given  to  an  applicant  claiming  the  right  to  take  the  same 
as  an  apprentice  later  than  December  30,  1915. 

Examinations. 

§  7.  The  examination  by  the  board  of  applicants  for  license  to  practice  dentistry 
in  this  state  shall  be  sufficiently  thorough  to  test  the  fitness  of  the  applicant  to  prac- 
tice dentistry.  It  shall  include,  written  in  the  English  language,  questions  on  the 
following  subjects:  Anatomy,  histology,  physiology,  anaesthesia,  materia  medica, 
pathology,  bacteriology,  therapeutics,  oral  surgery,  chemistry,  metallurgy,  operative 
dentistry,  prosthethic  dentistry  and  orthodontia;  the  answers  to  which  shall  be  written 
in  the  English  language.  Said  written  examination  may  be  supplemented  by  an  oral 
examination.  Demonstrations  of  the  applicant's  skill  in  operative  and  prosthetic 
dentistry  must  also  be  given.  All  persons  successfully  passing  such  examination  shall 
be  registered  as  licensed  dentists  on  the  board  register,  as  provided  in  section  three, 
and  shall  be  granted  by  the  board  a  license  to  practice  dentistry  in  the  state  of 
California.  When  a  candidate  for  a  license  shall  have  received  a  grading  of  eighty-five 
per  cent  or  above  in  any  given  subject,  he  shall  be  exempt  from  re-examination  on 
that  subject  in  subsequent  examinations  before  the  said  board  held  at  the  first  or 
second  meeting  thereafter.  Any  member  of  the  board  may  inquire  of  any  applicant 
for  examination  concerning  his  character,  qualifications  or  experience  and  may  take 
testimony  of  any  one  in  regard  thereto,  under  oath,  which  he  is  hereby  empowered 
to  administer. 

Dentists  already  licensed  to  register.  Certificate  of  registration.  Registration  fee. 
Notation  of  change  of  name.  Failure  to  register  forfeits  license. 
$  8.  Every  person  licensed  to  practice  dentistry  in  this  state  within  six  months 
prior  to  the  passage  of  this  act  whose  license  is  not  at  the  time  of  such  passage 
registered  under  the  provisions  of  the  law  under  which  the  same  was  issued  shall 
register  the  same  as  herein  provided  within  six  (6)  months  after  this  act  becomes 
effective.  Every  person  who  shall  hereafter  be  licensed  to  practice  dentistry  in  this 
state,  shall  within  six  months  thereafter  register  in  the  office  of  the  county  clerk  of 
the  county  where  his  place  of  business  is  located  (if  he  has  no  place  of  business  in  this 
state,  then  in  the  office  of  the  county  clerk  of  that  county  in  this  state  wherein  at 
the  time  shall  be  situated  the  office  of  the  secretary  of  the  board  of  dental  examiners 
of  California),  in  a  book  kept  by  the  clerk  for  such  purpose,  and  called  a  register  of 
dentists,  his  name,  age,  office  address,  the  date  and  number  of  his  license  to  practice 


543  DENTISTRY.  Act  1226,  §  9 

dentistry,  and  the  date  of  such  registration,  Avliich  registration  he  shall  be  entitled  to 
make  only  upon  showing  the  county  clerk  his  license  or  a  copy  thereof  certified  by 
the  secretar}'^  of  the  board  over  its  seal,  and  upon  making  and  filing  an  affidavit  stating 
his  name,  age,  birthplace,  the  number  of  his  license  and  the  date  of  its  issue,  that  he 
is  the  identical  person  named  in  the  license;  that  before  receiving  the  same  he  complied 
with  all  the  preliminary  requirements  of  this  statute  (and  the  rules  of  the  board  of 
dental  examiners  as  to  the  terms  and  the  amount  of  study  and  examination) ;  that 
no  money  other  than  the  fees  prescribed  by  this  statute  (and  said  rules),  was  paid 
directly  or  indirectly  for  such  license,  and  that  no  fraud,  misrepresentation  or  mistake 
in  a  material  regard  was  practiced,  employed  or  occurred  by  any  person  in  order  that 
such  license  should  be  conferred.  Said  person  need  not  personally  register  before 
the  county  clerk  but  may  make  the  said  affidavit  before  any  officer  authorized  by  law 
to  administer  oaths,  and  which  affidavit  together  with  the  other  information  and 
license,  or  the  certified  copy  therefor  as  afore  provided,  shall  be  forwarded  to  the 
said  county  clerk,  who  shall  act  in  the  same  manner  as  if  the  party  was  personally 
present.  The  county  clerk  shall  preserve  such  affidavits  in  a  bound  volume  and  shall 
issue  to  every  licentiate  duly  registering  and  making  such  affidavit,  a  certificate  of 
registration  in  his  county,  which  shall  include  a  transcript  of  the  registration.  Such 
transcript  and  license  may  be  offered  as  primary  evidence  in  all  courts  of  the  facts 
therein  stated.  A  copy  of  such  certificate  of  registration  shall  be  sent  by  the  county 
clerk  to  the  secretary  of  the  board  within  five  days  after  it  is  made.  The  county 
clerk's  fees  for  taking  such  registration  and  affidavit  and  issuing  such  certificate  of 
registration  shall  be  one  dollar.  A  practicing  dentist  having  registered  a  lawful 
authority  to  practice  dentistry  in  one  county  of  the  state  and  removing  such  practice 
or  part  thereof  to  another  county  shall  show  or  send  by  registered  mail  to  the  clerk 
of  such  other  county  his  certificate  of  registration,  if  such  certificate  clearly  shows 
that  the  original  registration  was  on  an  authority  issued  by  the  board  of  dental 
examiners,  or  if  the  certificate  of  registration  itself  is  indorsed  by  the  secretary 
of  the  board  of  dental  examiners  as  entitled  to  registration,  the  clerk  shall  thereupon 
register  the  applicant  in  the  register  of  dentists  of  the  latter  county  on  receipt  of  a 
fee  of  fifty  cents,  and  shall  stamp  or  indorse  on  such  certificate  of  registration  the 

the  date  and  his  name  preceded  by  the  words  "registered  also  in   

county,"  and  return  the  certificate  of  registration  to  the  applicant.  Any  lawfully 
registered  person  who  shall  thereafter  change  his  or  her  name  according  to  law  shall 
register  the  new  name  with  a  marginal  note  of  the  former  name  with  the  clerk  of 
the  county  or  counties  where  he  or  she  is  practicing.  The  clerk  shall  forthwith  notify 
the  secretary  of  the  board  of  such  change.  Any  county  clerk  who  knowingly  shall 
make  or  suffer  to  be  made  upon  the  register  of  dentists  kept  in-  his  office  any  entry 
other  than  that  provided  for  in  this  act,  shall  be  liable  to  a  penalty  of  fifty  dollars, 
to  be  recovered  by  and  paid  to  the  said  board  of  dental  examiners  in  a  suit  in  any  court 
having  jurisdiction.  Any  failure,  neglect  or  refusal  on  the  part  of  any  person  holding 
such  license  to  register  the  same  with  the  clerk  of  said  county  as  above  directed  for 
a  period  of  six  months  after  the  issuance  thereof  shall  ipso  facto  work  a  forfeiture  of 
his  or  her  license,  and  it  shall  not  be  restored  except  upon  the  written  application  and 
payment  to  said  board  of  twenty-five  dollars.  Any  suspension,  revocation  or  reinstate- 
ment of  a  license  shall  with  the  date  thereof  be  forthwith  noted  by  the  county  clerk 
on  the  margin  of  the  registration  thereof  upon  receipt  of  notice  from  the  secretary 
of  the  board. 

License  to  practice.    Fee.    Annual  license  tax. 

^  9.  Before  any  person  can  practice  dentistry  in  this  state,  he  shall  obtain  a  license 
to  do  so  from  the  board  of  dental  examiners.  Each  application  for  license  shall  be 
accompanied  by  a  fee  of  twenty-five  dollars,  which  shall  in  no  case  be  refunded,  except 


Act  122C,  §§  10,  11  GENERAL.   LAWS,  544 

that  in  the  case  of  applicants  requiring  examination  the  said  fee  shall  be  refunded  if 
the  applicant  shall  be  found  ineligible  to  take  such  examination.  Such  license  shall 
remain  in  force  until  the  following  first  day  of  May  and  thereafter  so  long  as  the 
holder  thereof  shall  comply  with  the  provisions  of  this  section  relating  to  an  annual 
tax  but  not  otherwise,  and  notwithstanding  the  payment  of  such  tax  such  license  may 
at  any  time  be  forfeited  or  revoked  for  a  violation  of  the  further  requirements  of 
this  act.  To  provide  a  fund  for  the  enforcement  of  the  provisions  of  this  act  every 
person  holding  a  license  to  practice  dentistry  in  this  state  without  exception  shall  pay 
an  annual  license  tax  for  the  year  commencing  with  the  first  day  of  May  next  follow- 
ing the  issuance  of  such  license  and  annually  thereafter.  Such  payment  to  be  effective 
ihall  be  made  prior  to  the  commencement  of  the  year  for  which  the  same  accrues  and 
the  receipt  of  the  secretary  of  the  board  shall  be  indispensable  evidence  that  the  same 
has  been  made.  The  failure,  neglect  or  refusal  of  any  person  who  was  a  regularly  licensed 
dentist  to  pay  in  advance  said  annual  tax  of  two  dollars  during  the  time  his  or  her 
license  remained  in  force  shall  ipso  facto  work  a  forfeiture  of  his  or  her  license,  and 
it  shall  not  be  restored  except  upon  a  written  application  therefor  and  the  payment 
to  said  board  of  twenty-five  dollars,  except  that  such  person  shall  not  be  required  to 
submit  to  any  examination. 

Disposition  of  fines.    Disbursements.    Revolving  fund. 

§  10.  All  tines,  penalties  and  forfeitures  including  the  examination  fee,  imposed 
or  collected  by  the  board  under  any  of  the  foregoing  provisions  of  this  act  shall  be  paid 
to  the  secretary  of  the  board.  All  fines  and  penalties  imposed  or  collected  in  any 
court  for  violations  of  any  of  the  provisions  of  this  act  shall  be  paid  by  such  court 
to  such  secretary.  The  secretary  shall  on  or  before  the  tenth  day  of  each  month  pay 
to  the  state  treasury  and  report  to  the  state  controller  all  fines,  penalties  and  for- 
feitures received  for  violations  of  this  act,  together  with  all  examination  fees,  renewal 
and  license  fees  received  by  him  prior  to  the  date  of  such  report  and  payment.  All 
funds  received  by  the  state  treasurer  from  the  secretary  of  said  board  shall  be  placed 
in  a  fund  to  be  known  as  the  state  dentistry  fund,  which  is  hereby  created.  All  dis- 
bursements by  the  board  made  in  the  transaction  of  its  business  and  in  the  enforcement 
of  this  act  shall  be  paid  out  of  said  fund  upon  claims  to  be  presented  and  audited 
in  the  manner  usual  with  other  claims  against  the  state;  provided,  that  as  to  the  amount 
of  seven  hundred  dollars  of  said  fund  the  same  shall  constitute  a  revolving  fund  and 
may  be  drawn  upon  the  warrant  of  the  president  and  secretary  of  the  said  board 
without  being  audited  in  the  usual  manner,  in  cases  of  emergency  or  where  cash 
advances  are  necessary,  but  after  the  sum  of  seven  hundred  dollars  has  been  so 
expended  no  further  warrant  shall  be  drawn  on  said  revolving  fund  until  expenditures 
previously  made  from  said  revolving  fund  shall  be  substantiated  by  vouchers  and 
itemized  statements  and  audited;  and  provided,  further,  that  all  expenditures  from 
said  revolving  fund  shall  at  the  end  of  each  fiscal  year,  or  at  any  other  time  when 
demand  therefor  is  made  by  the  board  of  control  or  by  the  state  controller,  be  so 
substantiated  and  audited  unless  previously  done. 

Practicing  dentistry  defined. 

§  11.  Any  person  shall  be  understood  to  be  practicing  dentistry  within  the  meaning 
of  this  act  who  shall  (1)  by  card,  circular,  pamphlet,  newspaper,  or  in  any  other  way 
advertise  himself  as  a  dentist,  or  (2)  who  shall,  for  a  fee,  salary  or  reward,  paid 
directly  or  indirectly  either  to  himself  or  to  some  other  person,  perform  an  operation 
of  any  kind  upon,  or  treat  diseases  or  lesions  of  the  human  teeth  or  jaws,  or  correct 
malimposed  positions  thereof,  or  (3)  in  any  way  indicate  that  he  will  perform  by 
himself  or  his  agents  or  servants  any  operations  upon  the  human  teeth  or  jaws,  or 
(4)  make  an  examination  of,  with  intent  to  perform  or  cause  to  be  performed  any 


\ 


545  DENTISTRY.  Act  1226,  §§  12, 13 

operation  on  the  human  teeth  or  jaws,  or  (5)  who  manages  or  conducts  as  manager, 
proprietor,  conductor,  or  otherwise  a  place  where  dental  operations  are  performed; 
but  nothing  in  this  act  contained  shall  prohibit  bona  fide  students  of  dentistry  from 
operating  in  the  clinical  departments  or  the  laboratory  of  a  reputable  dental  college, 
or  an  unlicensed  person  from  performing  merely  mechanical  work  upon  inert  matter 
in  a  dental  laboratory  or  a  licensed  physician  from  practicing  oral  surgery. 

Penalty  for  selling  certificates,  etc.    False  use  of  "D.  D.  S." 

$  12.  Any  person,  company  or  association  shall  be  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof  shall  be  punished,  by  imprisonment  in  the  county  jail 
not  less  than  ten  (10)  days  nor  more  than  one  (1)  year,  or  by  a  fine  of  not  less  than 
one  hundred  dollars  nor  more  than  one  thousand  five  hundred  dollars,  or  by  both  such 
fine  and  imprisonment,  who  (1)  shall  sell  or  barter  or  offer  to  sell  or  barter  any  dental 
degree  or  any  certificate  or  transcript,  made  or  purporting  to  be  made,  pursuant  to  the 
laws  regulating  the  license  and  registration  of  dentists;  or  (2)  shall  purchase  or 
procure  by  barter  any  such  diploma,  certificate  or  transcript,  with  intent  that  the 
same  shall  be  used  as  evidence  of  the  holder's  qualification  to  practice  dentistry,  or 
in  fraud  of  the  laws  regulating  such  practice;  or  (3)  shall  with  fraudulent  intent, 
alter  in  a  material  regard  any  such  diploma,  certificate  or  transcript;  or  (4)  shall  use, 
attempt  or  cause  to  be  used  any  such  diploma,  certificate  or  transcript,  which  has  been 
purchased,  fraudulently  issued,  counterfeited  or  materially  altered,  either  as  a  license 
to  practice  dentistry,  or  in  order  to  procure  registration  as  a  dentist;  or  (5)  shall 
within  ten  days  after  demand  made  by  the  secretary  of  the  board,  fail  to  furnish  to 
said  board  the  name  and  address  of  all  persons  practicing  or  assisting  in  the  practice 
of  dentistry  in  the  office  of  said  person,  company  or  association,  at  any  time  within 
sixty  days  prior  to  said  notice,  together  with  a  sworn  statement  showing  under  and 
by  what  license  or  authority  said  person,  company  or  association,  and  said  employees 
are  or  have  been  practicing  dentistry,  but  such  affidavit  shall  not  be  used  in  any 
prosecution  under  this  section,  and  any  person  shall  be  guilty  of  a  misdemeanor  and 
punishable  as  in  this  section  above  provided  who  (1)  shall  assume  the  degree  of 
"doctor  of  dental  surgery"  or  "doctor  of  dental  medicine,"  or  shall  append  the 
letters  "D.D.S. "  or  "D.M.D. "  to  his  or  her  name  not  having  duly  conferred  upon 
him  or  her,  by  diploma  from  a  recognized  dental  college  or  school  legally  empowered 
to  confer  the  same,  the  right  to  assume  said  title ;  or  shall  assume  any  title,  or  append 
•any  letters  to  his  or  her  name,  with  the  intent  to  represent  falsely  that  he  or  she  has 
received  a  dental  degree  or  license;  or  (2)  shall  in  an  affidavit,  required  of  an  applicant 
for  examination,  license  or  registration,  under  this  act,  willfully  make  a  false  statement 
in  a  material  regard;  or  (3)  shall  engage  in  the  practice  of  dentistry  without  causing 
to  be  displayed  in  a  conspicuous  manner  and  in  a  conspicuous  place  in  his  or  her  oflBce 
the  name  of  each  and  every  person  employed  in  the  practice  of  dentistry  therein, 
together  with  the  word  mechanic  after  the  name  of  each  unlicensed  person  employed; 
or  (4)  is  practicing  dentistry  in  the  state  without  a  license,  or  whose  license  has 
been  revoked  or  suspended,  or  (5)  shall  under  any  false,  assumed  or  fictitious  name, 
either  as  an  individual,  firm,  corporation  or  otherwise  or  any  name  other  than  the 
name  under  which  he  is  licensed,  practice,  advertise  or  in  any  other  manner  indicate 
that  he  is  practicing  or  will  practice  dentistry.  Nothing  in  this  section  contained  shall 
be  held  to  prohibit  the  conferring  of  degrees  and  the  bestowing  of  diplomas,  by 
reputable  dental  colleges  of  this  state,  which  have  been  indorsed  by  the  board  of 
dental  examiners  of  California. 

Revocation  of  license. 

§  13.     Any  dentist  may  have  his  license  revoked  or  suspended  by  the  board  of  dental 

examiners  for  any  of  the  following  causes: 

(1)  His  conviction  of  a  felony  or  misdemeanor  involving  moral  turpitude,  in  which 
Gen.  Laws — 35 


Act  122C.  §g  14-15  GEMiRAI,   1-AWS.  5 IC 

case  the  record  of  conviction  or  a  certified  copy  thereof,  certified  by  the  clerk  of  the 
court,  or  by  the  judge  in  whose  court  the  conviction  is  had,  shall  be  conclusive 
evidence. 

(2)  The  rendition  of  a  final  judgment  against  any  such  dentist  in  a  court  of  compe- 
tent jurisdiction  upon  a  cause  of  action  alleging  grossly  unskilltul  or  negligent  dental 
practice. 

(3)  For  unprofessional  conduct  or  for  gross  ignorance  or  inefTieiency  in  his  pro- 
fession. Unprofessional  conduct  is  hereby  defined  to  be:  The  employment  of  persons 
known  as  cappers  or  steerers,  to  obtain  business;  the  obtaining  of  any  fee  by  fraud 
or  misrepresentation;  willfully  betraying  professional  seci-ets,  employing  directly  or 
indirectly  any  student  or  any  suspended  or  unlicensed  dentist  to  perform  operations 
of  any  kind,  or  to  treat  lesions  of  the  human  teeth  or  jaws,  or  correct  maliraposed 
formations  thereof;  aiding  or  abetting  any  unlicensed  person  to  practice  dentistry 
unlawfully;  habitual  intemperance;  gross  immorality;  the  use  of  any  false,  assumed 
or  fictitious  name,  either  as  an  individual,  firm,  corporation  or  otherwise  or  any  name 
other  than  the  name  under  which  he  is  licensed,  practice,  advertise  or  in  any  other 
manner  indicate  that  he  is  practicing  or  will  practice  dentistry. 

Proceedings  to  revoke  license. 

$  14.  The  proceedings  to  revoke  or  suspend  any  license  under  the  first  subdivisicin 
hereof,  must  be  taken  by  the  board  on  the  receipt  of  a  certified  copy  of  the  record 
of  conviction.  The  proceedings  under  the  second  subdivision  hereof  may  be  taken 
upon  the  information  of  another.  All  accusations  must  be  in  writing,  verified  by  some 
party  familiar  with  the  facts  therein  charged,  and  three  copies  thereof  must  be  filed 
with  the  secretary  of  the  board.  Upon  receiving  the  accusation  the  board  shall,  if 
it  deem  the  complaint  sufficient,  make  an  order  setting  the  same  for  hearing,  at  a 
specified  time  and  place,  and  the  secretary  shall  cause  a  copy  of  the  order  and  of 
the  accusation  to  be  served  upon  the  accused  at  least  ten  days  before  the  day  appointed 
in  the  order  for  said  hearing.  The  accused  must  appear  at  the  time  appointed  in 
the  order  and  answer  the  charges  and  make  his  defense  to  the  same,  unless  for 
sufficient  cause  the  board  assign  another  day  for  that  purpose.  If  he  does  not  appear 
the  board  may  proceed  and  determine  the  accusation  in  his  absence.  If  the  accused 
plead  guilty  or  refuse  to  answer  the  charges,  or  upon  the  hearing  thereof  the  board 
shall  find  them  or  any  of  them  tn:e,  it  may  proceed  to  a  judgment  revoking  his  license* 
or  suspending  it.  The  board  and  the  accused  may  have  the  benefit  of  counsel,  and 
the  board  shall  have  power  to  administer  oaths,  take  the  deposition  of  witnesses  in 
the  manner  provided  by  law  in  civil  cases,  and  to  compel  them  to  attend  before  it  in 
person  the  same  as  in  civil  cases,  by  subpoena  issued  over  the  signature  of  the  secretary 
and  the  seal  of  the  board  and  in  the  name  of  the  people  of  the  state  of  California. 
The  board  shall  have  power  in  proper  cases  to  authorize  the  payment  of  fees  and 
traveling  expenses  of  necessary  witnesses  required  to  appear  before  the  board  and 
actually  examined  in  any  proceeding  properly  before  it.  Upon  the  revocation  of  any 
license,  the  fact  shall  be  noted  upon  the  records  of  the  board  of  dental  examiners  and 
the  license  shall  be  marked  as  canceled,  upon  the  date  of  its  revocation.  Written 
notice  of  such  suspension  or  revocation  shall  be  mailed  by  the  secretary  of  the  board 
to  the  county  clerk  of  each  county  in  which  such  license  is  then  registered. 

Complaint  for  violation  of  act. 

$  15.  The  board  of  dental  examiners,  or  any  member  or  officer  thereof,  may  prefer 
»  complaint  for  violation  of  this  act,  or  any  part  thereof,  before  any  court  of  compe- 
tent jurisdiction,  and  may  by  its  officers,  counsel  and  agents,  assist  in  presenting  the 
law  or  facts  at  the  trial.    It  shall  be  the  duty  of  the  district  attorney  of  each  county 


54: 


DENTISTRY. 


Act  1226,  §  16 


in  this  state  to  prosecute  all  violations  of  the  aforesaid  provisions  of  this  act  in  their 
respective  counties  in  which  such  violations  occur. 

$  16.     All  acts  and  parts  of  acts  in  conflict  with  this  act  are  hereby  repealed. 


1.  Constitutionality  —  Special  legislation. 

The  act  is  not  local  or  special  legislation 
within  the  meaning  of  section  25,  article  IV 
of  the  constitution. — People  v.  Keseling,  35 
Cal.  App.  501,  170  Pac.  627. 

2.  Same — Question  of  fact. — Whether  one 
is  guilty  of  aiding  and  abetting  an  un- 
licensed person  to  practice  dentistry  is  a 
question  of  fact,  and  the  act  is  not  invalid 
because  it  leaves  the  determination  of  that 
fact  to  the  board  of  dental  examiners. — 
Lassen  v.  Board  of  Dental  Examiners,  24 
Cal.  App.  767,  142  Pac.  505. 

3.  Same — PoTver  of  legislature. — The  leg- 
islature had  power  to  define  what  it  meant 
by  the  phrase  "practicing  dentistry"  in  de- 
claring what  acts  it  intended  to  malie  un- 
lawful.— People  v.  Fortch,  13  Cal.  App.  770, 
110   Pac.   823. 

4.  Same — Impairment  of  the  obligation 
of  contracts. — Section  14  of  the  act  of  1901, 
as  amended  in  1909,  is  not  violative  of  sec- 
tion 16,  article  I  of  the  constitution. — In  re 
Victor,  27  Cal.   App.   73,   148  Pac.   975. 

5.  Same  —  Levy  of  tax  on  nontaxable 
property. — Section  14  of  the  act  of  1901,  as 
amended  in  1909,  is  not  violative  of  section 
1,  article  XIII  of  the  constitution. — In  re 
Victor,  27  Cal.  App.  73,  148  Pac.  975. 

6.  Same  —  Local  and  special  taxation. — 
Section  14  of  the  act  of  1901,  as  amended  in 
1909,  is  not  violative  of  subdivision  10,  sec- 
tion 25,  article  IV,  of  the  constitution. — In 
re  Victor,   27   Cal.  App.  73,  148   Pac.   975. 

7.  Same — Special  law  for  the  punishment 
of  a  misilemeanor. — Section  14  of  the  act 
is  not  violative  of  subdivision  2,  section  25, 
article  IV  of  the  constitution. — In  re  Victor, 
27  Cal.  App.  73,  148  Pac.  975. 

8.  Same — Title  of  act  is  broad  enough  to 
cover  the  subject  of  the  payment  of  annual 
license  fee. — In  re  Victor,  27  Cal.  App.  73, 
148   Pac.   975. 

9.  Same — Special  privileges. — The  act  is 
not  unconstitutional  on  the  ground  that  by 
exempting  previous  practitioners  of  den- 
tistry it  confers  special  privileges  and  im- 
munities upon  them. — Ex  parte  Wliitley,  144 
Cal.  167,  1  Ann.  Cas.  13,  77  Pac.  879. 

10.  Same  —  Legislative  po^ver  to  deter- 
mine qualifications  of  dentists  for  admission 
to  practice. — The  legislature  is  empowered 
to  determine  the  qualifications  to  be  re- 
quired of  those  admitted  to  practice  den- 
tistry in  the  state,  and  to  fix  any  reasonable 
standard  for  determining  such  qualifica- 
tions, and  to  vest  in  a  state  board  of  dental 
examiners  the  power  to  determine  whether 
particular  dental  colleges  are  reputable. — 
Ex  parte  Whitley.  144  Cal.  167,  1'  Ann.  Cas. 
13,  77  Pac.  879. 

11.  Same  —  Police  power. — The  acts  of 
1885  and  1901  are  held  to  be  a  constitutional 
and  valid  exercise  of  the  police  power. — Ex 
parte  Whitley,  144  Cal.  167,  1  Ann.  Cas.  13, 
77    Pac.   879. 

12.  Tlie   act   of  lliOl   is   held   to  be  consti- 


tutional on  all  the  points  raised  in  the  case 
of  Ex  parte  Whitley,  144  Cal.  167,  1  Ann. 
Cas.  13,  77  Pac.  879;  Ex  parte  Hornef,  154 
Cal.  355,   97  Pac.   891. 

13.  Same  —  Special  legislation. — The  act 
is  not  unconstitutional  as  obnoxious  to  sub- 
division 3,  section  25,  article  IV  of  the  con- 
stitution.— People  V.  Keseling,  35  Cal.  App. 
501,  170   Pac.   627. 

14.  Same  —  Unreasonable  classification  — 
Constitutionality. — The  act  is  not  unconsti- 
tutional on  the  ground  that  it  is  discrim- 
inatory.— People  V.  Keseling,  35  Cal.  App. 
501,  170  Pac.  627. 

15.  Jurisdiction  of  police  court. — The 
police  court  of  San  Francisco  is  vested  by 
the  charter  with  jurisdiction  of  violations 
of  the  city  and  county  ordinances,  and  has 
no  jurisdiction  of  a  violation  of  the  den- 
tistry act. — People  v.  Fortch,  13  Cal.  App. 
770,   110  Pac.  823. 

IG.  Superior  court — Original  jurisdiction. 
— The  superior  court  has  original  jurisdic- 
tion of  prosecutions  for  violation  of  the 
dentistry  act. — People  v.  Fortch,  13  Cal. 
App.  770,   110  Pac.  823. 

17.  Same. — Under  section  5  of  article  VI 
of  the  constitution  the  superior  court  has 
jurisdiction  of  an  information  charging  a 
violation  of  the  dentistry  act  as  amended 
in  1909. — People  v.  Fortch,  13  Cal.  App.  'i'70. 
110  Pac.  823. 

IS.  Construction  of  act. — The  words  "any 
person"  in  section  14  of  the  act  of  1901,  as 
amended  in  1909,  is  to  be  construed  as  lim- 
ited by  the  proviso  of  section  1  of  the  act 
exempting  persons  who  were  lawfully  prac- 
ticing dentistry  when  the  original  act  went 
into  effect. — In  re  Victor,  27  Cal.  App.  73, 
148   Pac.    975. 

19.  Same. — Section  1  of  the  act  of  1901 
does  not  have  effect  of  limiting  the  applica- 
tion of  subdivision  10  of  section  19  to  per- 
sons who  first  commenced  to  practice  den- 
tistry in  the  state  after  the  act  became  a 
law. — Ex  parte  Hornef,  154  Cal.  355,  97  Pac. 
891. 

20.  Same  —  Employment  of  unlicensed 
practitioner. — Upon  the  hearing  before  the 
board  of  dental  examiners  of  an  accusation 
of  unprofessional  conduct  in  knowingly  em- 
ploying an  unlicensed  practitioner  in  his 
office  for  the  purpose  of  practicing  dentistry 
therein,  the  burden  is  upon  the  accused  to 
prove  that  the  employee  had  been  licensed 
as  a  dentist  at  the  time  of  the  employment 
if  such  was  a  fact. — Anderson  v.  Board  of 
Dental  Examiners,  27  Cal.  App.  336,  149  Pac. 
1006. 

21.  Repeal  of  prior  act. — Section  25  as  to 
the  time  of  taking  effect  of  the  entire  act, 
including  the  repeal  of  the  prior  act,  and 
there  was  no  interregnum  in  the  law  be- 
tween such  repeal  and  the  taking  effect  of 
the  new  act,  so  as  to  permit  an  unlicensed 
person  to  practice  dentistry. — People  v. 
Keseling,  35  Cal.  App.   501,   170  Pac.   627. 


Act  1226 


GENERAL   LAWS. 


S48 


22.  Annual  license  tax. — Under  the  pro- 
vision of  section  1,  as  amended  in  1909,  all 
dentists  are  required  to  pay  the  license  tax, 
without  regard  to  when  or  how  they  be- 
came entitled  to  practice. — In  re  Victor,  27 
Cal.  App.  73,  148  Pac.  975. 

23.  Revocation  o£  license. — The  provi- 
sions of  section  21 1/^  of  the  act  of  1901,  are 
not  in  conflict  with  the  provisions  of  sec- 
tion 14,  as  amended  in  1909. — In  re  Victor, 
27   Cal.   App.   73,   148   Pac.   975. 

24.  Judicial  functions  of  board  of  exam- 
iners.— The  board  of  dental  examiners  does 
not  exercise  judicial  functions  in  the  sense 
prohibited  by  the  constitution. — Ex  parte 
Whitley,  144  Cal.  167,  1  Ann.  Cas.  13,  77  Pac. 
879. 

Tlie  case  of  Van  Vleck  v.  Dental  Exam- 
iners, 5  Cal.  Unrep.  636,  48  Pac.  223,  held  not 
to  be  authority,  because  a  rehearing  had 
been  granted  and  the  case  thereafter  dis- 
missed.— Ex  parte  Whitley,  144  Cal.  167,  1 
Ann.  Cas.    13.   77   Pac.   879. 

25.  Same  —  Examination. — The  duties  of 
the  board  of  dental  examiners  under  the 
act  of  1885  is  Judicial,  and  their  finding  that 
the  result  of  an  examination  is  unsatisfac- 
tory is  final. — Van  Vleck  v.  Dental  Exam- 
iners, 5  Cair  Unrep.  636,  48  Pac.  223. 

2C.  Same  —  Endorsement  of  diploma. — 
The  duties  of  the  board  of  dental  examiners 
under  section  5  of  the  act  of  1885,  as  to 
endorsement  of  diplomas  are  judicial,  and 
their  action  in  finding  a  diploma  unsatis- 
factory is  final. — Van  Vleck  v.  Dental  Ex- 
aminers,  5  Cal.  Unrep.   636,   48   Pac.  223. 

27.  Judicial  notice. — The  board  of  dental 
examiners  may  take  judicial  notice  of  its 
records  for  the  purpose  of  ascertaining 
whether  a  license  was  ever  issued  to  a  per- 
son alleged  to  have  been  employed  wrong- 
fully as  a  practitioner  in  a  dental  office. — 
Anderson  v.  Board  of  Dental  Examiners,  27 
Cal.  App.   336,   149  Pac.  1006. 

28.  Information  —  Exceptions  must  be 
negatived  only  when  the  exception  or  pro- 
viso is  so  incorporated  with  the  definition 
of  the  offense  as  to  constitute  a  part  of  it. 
—Ex  parte  Hornef,  154  Cal.  355,  97  Pac.  891. 

29.  Same — Right  to  practice  at  time  of 
pa.ssasre  of  act  need  not  be  negatived. — Ex 
parte  Hornef,  154  Cal.  355,  97   Pac.  891. 

30.  Same. — Information  under  act  of  1901 
is  sufficient  where  it  alleges,  in  effect,  that 
the  defendant  was  guilty  of  "practicing 
dentistry  in  the  state  without  a  license." — 
Ex   parte   Hornef,   154   Cal.   355,    97   Pac.   891. 

31.  Same. — It  is  not  necessary  for  an  in- 
formation charging  the  practice  of  dentistry 
without  a  license  to  traverse  the  exceptions 
provided  in  the  act. — People  v.  Keseling,  35 
Cal.   App.  501,   170   Pac.   627. 

32.  Same — Payment  of  fee. — An  informa- 
tion charging  the  practice  of  dentistry 
without  a  license  need  not  charge  that  the 
fee  was  paid  by  the  person  upon  whom  the 
work  was  performed. — People  v.  Keseling, 
35  Cal.  App.  501,  170  Pac.  627. 

33.  Accomplices. — Persons  employed  to 
get  evidence  for  the  state  and  who  seek  and 
submit  to  the  services  of  a  person  charged 
with  a  violation  of  practice  of  dentistry  act 


are  not  accomplices  within  the  meaning  of 
§  1111,  Penal  Code,  and  corroboration  of 
tlieir  testimony  is  not  required. — People  v. 
Keseling,  35  Cal.  App.  501,  170  Pac.   627. 

34.  Testimony  of  feigned  accomplices, 
employed  by  officers  of  the  state  to  obtain 
evidence  against  one  charged  with  crim- 
inal acts  is  sufficient  to  sustain  a  conviction 
though  uncorroborated. — People  v.  Keseling, 
35  Cal.   App.   501,  170  Pac.   627. 

S.").  Verification  of  accusation  of  dentist. 
— The  phrase,  "except  as  to  such  matters 
therein  stated  on  information  and  belief," 
in  such  verification  is  held  to  be  surplusage 
in  a  verification  held  sufficient,  by  reason  of 
the  fact  that  no  allegations  were  made  on 
information  and  belief  therein. — Lassen  v. 
Board  of  Dental  Examiners,  24  Cal.  App. 
767,    142   Pac.    505. 

36.  Amendment  of  judgment  to  correct 
clerical  error. — A  judgment  of  conviction 
for  practicing  dentistry  without  a  license 
which  by  a  clerical  mistake  recites  a  con- 
viction for  practicing  "medicine"  without  a 
license  may  be  amended  by  the  trial  court 
to  correct  such  mistake,  and  the  amended 
judgment  is  not  a  new  judgment. — Ex  parte 
Hornef,   154   Cal.   355,   97   Pac.   891. 

37.  Instruction  —  Practicing  dentistry. — 
It  was  not  error  to  give  as  an  instruction  to 
the  jury  the  language  of  the  statute  de- 
fining what  is  meant  by  the  phrase  "prac- 
ticing dentistry"  in  the  act. — People  v. 
Fortch,   13  Cal.  App.  770,  110  Pac.  823. 

38.  Mandamus  Is  not  available  to  one  ag- 
grieved by  the  refusal  of  the  board  of  dental 
examiners  to  endorse  a  dental  diploma. — 
Van  Vleck  v.  Dental  Examiners,  5  Cal.  Un- 
rep. 636,  48  Pac.  223. 

Cited  in  support  of  a  decision  to  the  same 
effect  as  to  the  board  of  medical  examiners. 
— Raaf  v.  State  Board,  11  Idaho  718,  84 
Pac.   36. 

As  to  practitioner  of  medicine  or  surgery, 
see  28  L.  R.  A.  139;  45  L.  R.  A.  269. 

As  to  clearness  of  act  providing  for  ex- 
amination of.  see  49  L.  R.  A.  695. 

As  to  delegating  appointment  of  examin- 
ers in  state  dental  association,  see  51 
L.   R.  A.   748. 

As  to  legislative  regulation;  exercise  of 
police  power,  see  brief  in  51  L.  R.  A.  748. 

"May"  construed  as  "must"  in  action  for 
examination. — See  49  Li.  R.  A.   635. 

Mandamus  to  compel  dental  examiners  to 
Indorse  diploma. — See   44  L.  R.  A.  635. 

Regulating  qualilications — as  to,  see  brief 
in   49   L.   R.   A.    696. 

As  to  discrimination  in  allovring  dental 
students  to  practice,  see  6  L.  R.   A.   119. 

As  to  discrimination  in  favor  of  those 
practicing  in  same  place  for  certain  time, 
see  6  L.  R.  A.  709. 

As  to  injunction  against  practice  of,  see 
20  L.  R.  A.  432. 

As  to  insufficiency  of  allegations  as  to 
dental  college,  see   44  L.  R.   A.   635. 

As  to  judicial  power  to  review  action  of 
board  in  respect  to  license  of  dentist,  see 
note,  20  L.   R.  A.  355. 

Reiiuiring     examination    of    applicants     to 


k 


549  DENTISTRY.  Act  1227,  §§  1-5 

practice  except  graduates  of  regular  collega  IJnconstitntional — "Statute    requiring    ex- 

of  dentistry. — See  49  L.  R.  A.  695.  amination    and    license    as    prerequisite    to 

Requiring  diploma  as  condition  of  grant-  ownership  of  dental  office  unconstitutional." 

Ins  license. — See  6  L.  R.  A.  119.  — See  3  Mich.  L.  Rev.   465. 

STATE  DENTAL  SURGEON. 

ACT  1227 — An  act  to  create  the  office  of  state  dental  surgeon,  prescribing  his  duties, 
fix  his  manner  of  appointment,  salary  and  term  of  office,  and  to  make  an  appro- 
priation for  the  expenses  of  his  office. 

History:      Approved  April   16,    1909,   Stats,   1909,   p.    947.     Amended 
June  11,  1915.    In  effect  August  10,  1915,  Stats.  1915,  p.  1430. 

Office  of  state  dental  surgeon  created. 

§  1.  The  office  of  state  dental  surgeon  is  hereby  created.  It  shall  be  the  duty  of 
the  governor,  on  or  before  the  tenth  day  July,  1909,  to  appoint  a  skilled  dental 
surgeon  for  the  state  of  California  to  fill  said  office  of  state  dental  surgeon,  who  at 
the  date  of  such  appointment  shall  be  a  graduate  in  good  standing  of  a  recognized 
college  of  dental  surgery,  legally  qualified  to  practice  as  such  in  this  state,  and  shall 
hold  said  office  for  the  period  of  four  years  from  and  after  the  date  of  qualification; 
provided,  however,  when  a  vacancy  occurs  in  the  office  of  state  dental  surgeon  from 
whatever  cause  the  governor  shall  fill  by  appointment  said  term  for  the  unexpired 
part  thereof  only.  The  salary  of  said  state  dental  surgeon  shall  be  thirty-six  hundred 
dollars  per  annum,  and  shall  be  paid  at  the  same  time  and  in  the  same  manner  as  are 
the  salaries  of  other  state  officers.  [Amendment  of  June  11,  1915.  In  effect  August  10, 
1915.    Stats.  1915,  p.  1430.] 

Duties. 

$  2.  The  duties  of  the  state  dental  surgeon  shall  be  to  perform  the  dental  services 
for  the  inmates  of  the  various  state  hospitals.  Said  dental  services  shall  be  per- 
formed in  an  efficient  and  durable  manner  as  possible,  and  shall  consist  of  cement 
and  amalgam  fillings,  treatment  and  extracting  teeth,  inserting  artificial  teeth  on  vul- 
canite plates,  and  perform  such  oral  surgery  operations  as  may  be  referred  to  him  by 
the  superintendents  of  the  various  state  hospitals.  No  services  shall  be  performed  by 
the  state  dental  surgeon  for  any  officer  or  employee  of  any  state  institution,  except 
in  the  case  of  extreme  emergency. 

Must  visit  state  hospitals. 

§  3.  The  state  dental  surgeon  must  visit  every  state  hospital  at  least  twice  in  each 
year,  and  shall  at  all  times  be  under  the  sui^ervision  of  the  California  state  commission 
in  lunacy. 

Appropriation. 

§  4.  For  the  purpose  of  carrying  out  the  provisions  of  this  act  the  sum  of  three 
thousand  five  hundred  ($3,500)  dollars  is  hereby  appropriated  to  pay  the  traveling 
expenses  of  the  state  dental  surgeon  to  the  various  state  hospitals  and  for  the  purchase 
of  operating  and  extracting  instruments  and  such  apparatus  as  may  be  needed  for 
the  making  of  plates,  and  such  other  expenses  as  may  be  required  in  the  discharge 
of  his  duties. 

Time  of  taking  effect. 

§  5.     This  act  shall  be  in  force  and  effect  from  and  after  July  1,  1909. 

DEPARTMENT  OF  AGRICULTURE. 

See  tit.  "Agriculture." 

DEPARTMENT  OF  ENGINEERING. 

Sec  tit.  "State  EnErineerinjr. '' 


Act  1235.  §§  1.3  (iKNKRAl,    I,  VWS.  C50 

DESCENT  AND  DISTRIBUTION. 

See  Kerr's  Cyc,  Civil  Code,  ^^  13SG,  et  seq. 


CHAPTER  89. 

DETECTIVES. 
Reference:    Regular  and  special  police,  see  tit.  "Police." 

CONTENTS  OF  CHAPTER. 
ACT  1235.    Peivate  Detectives  and  Detective  Agencies. 

PRIVATE  DETECTIVES  AND  DETECTIVE  AGENCIES. 
ACT  1235 — An  act  to  license  and  regulate  the  business  of  private  detectives  and 
detective  agencies. 

History:     Approved  June  7,  1915.     In  effect  August  8,  1915.     Stats. 
1915,   p.   1253. 

License  for  private  detective  agencies. 

$  1.  No  person,  firm,  association,  co-partnership,  or  corporation  shall  engage  in  the 
business  of  private  detective  for  hire  or  reward  or  advertise  such  business  to  be 
that  of  detective  or  of  conducting  a  detective  agency  without  having  first  obtained  a 
license  so  to  do  from  the  state  board  of  prison  directors  of  the  state  of  California 
in  the  manner  hereinafter  provided.  Nor  shall  any  person,  firm,  association,  co- 
partnership or  corporation  engage  for  hire  and  reward,  or  hire  or  reward,  in  the  busi- 
ness of  furnishing  or  supplying  information  as  to  the  personal  character  of  any  person 
or  firm,  or  as  to  the  character  or  kind  of  the  business  and  occupation  of  any  person, 
firm,  or  corporation,  or  own  or  conduct  a  bureau  or  agency  for  the  above-mentioned 
purpose  without  having  first  obtained  a  license  so  to  do  from  the  state  board  of  prison 
directors  of  the  state  of  California  in  the  manner  hereinafter  provided.  Nothing 
contained  in  this  act,  however,  shall  apply  to  the  business  of  obtaining  and  furnish- 
ing information  as  to  the  financial  rating  of  persons,  firms,  or  corporations. 

Application  to  prison  directors. 

$  2.  Every  person  who  desires  to  conduct,  either  as  an  individual  or  as  manager 
for  a  firm,  association,  co-partnership,  or  corporation,  the  business  of  detective  or 
detective  agency  or  of  furnishing  or  supplying  information  as  to  the  personal 
character  of  any  person  or  firm  or  as  to  the  character  or  kind  of  the  business  and 
occupation  of  any  person,  firm,  or  corporation,  shall  present  to  the  state  board  of 
prison  directors  and  file  in  their  oflBce  a  written  application  which  shall  state  the 
age,  residence,  present  and  previous,  occupation  of  such  applicant  and  the  name  of 
the  city,  town  or  village  where  the  principal  place  of  business  is  to  be  located  and 
such  further  facts  as  will  tend  to  show  the  good  character,  competency  and  integrity 
of  such  applicant.  Such  application  shall  be  duly  signed  and  verified  by  the  appli- 
cant and  shall  be  approved  by  not  less  than  five  reputable  freeholders  of  the  county 
where  such  applicant  resides  or  where  it  is  proposed  to  conduct  such  business,  which 
approval  shall  be  signed  by  such  freeholders  and  acknowledged  by  them  before  an 
officer  authorized  to  take  acknowledgments  of  deeds.  The  state  board  of  prison 
directors  when  satisfied,  from  examination  of  such  application  and  such  further  inquiry 
and  investigation  as  they  shall  deem  proper,  that  the  applicant  is  a  person  of  good 
character,  competency  and  integrity,  shall  issue  and  deliver  to  such  applicant  a  license 
entitling  the  applicant  to  conduct  such  business  for  a  period  of  five  years  next 
ensuing  upon  the  applicant's  paying  to  the  state  board  of  prison  directors  for  the  use 
of  the  state  a  license  fee  of  ten  dollars  per  annum  and  shall  be  payable  in  advance 
on  September  1,  191.5,  and  annually   thereafter,  and   upon  his  cxeculiiig,   delivering, 


551  DETECTIVES.  Act  1235,  8§  3-6 

and  filing  in  the  office  of  the  state  board  of  prison  directors  a  surety  bond  to  be 
executed  by  such  applicant  with  one  or  more  sureties  in  the  sum  of  two  thousand 
dollars,  conditioned  for  the  faithful  and  honest  conduct  of  such  business  by  such 
applicant,  which  bond  as  to  its  form,  execution  and  sufficiency  of  the  surety  must  be 
approved  by  the  said  state  board  of  prison  directors.  Such  bond  shall  be  taken  in 
the  name  of  the  people  of  the  state  of  California,  and  every  person  injured  by  the 
wilful  or  malicious  or  wrongful  act  of  the  principal  may  bring  an  action  on  said  bond 
in  his  own  name  to  recover  damages  suffered  by  reason  of  said  wilful  or  malicious  or 
wrongful  act.  The  license  granted  pursuant  to  this  act  shall  be  revocable  at  any 
time  by  the  state  board  of  prison  directors  for  cause  shown. 

Not  applicable. 

$  3.  Nothing  in  this  act  shall  apply  to  employees  of  such  duly  licensed  private 
detective  or  detective  agencies  for  whose  good  conduct  in  the  business,  however,  the 
employers  shall  be  responsible,  or  to  any  detective  or  officer  belonging  to  the  police 
force  of  the  state,  or  any  county,  city  and  county,  city,  town  or  village  thereof 
appointed  or  elected  by  due  authority  of  law. 

Penalty. 

§  4.  Any  person  violating  any  of  the  provisions  of  this  act  shall  be  guilty  of  a 
misdemeanor  and  for  the  enforcement  of  this  act  the  state  board  of  prison  directors 
of  the  state  of  California  are  hereby  authorized  to  expend  annually  any  necessary 
moneys  received  as  license  fees  in  the  employment  of  an  agent  or  agents,  and  of 
other  proper  measures  to  aid  in  the  detection  or  prosecution  of  all  violations  of 
this  act. 

Authority  of  license. 

§  5.  A  license  obtained  from  the  said  board  of  prison  directors  by  any  person 
or  persons,  firm,  association,  co-partnership  or  corporation  mentioned  in  section  one 
of  this  act,  shall  be  sufficient  to  give  the  said  person  or  persons,  firm,  association, 
co-partnership  or  corporation  obtaining  said  license,  their  employees  or  operatives, 
the  authority  to  act  under  said  license  as  a  detective  or  uniformed  patrolman  or 
watchman  in  any  county,  city  and  county,  city  or  town  in  this  state. 

Acts  superseded. 

$  6.  This  act  shall  supersede  and  take  the  place  of  any  rule,  regulation  or  ordi- 
nance of  any  county,  city  and  county,  city  or  town  in  the  state  of  California  con- 
flicting herewith. 

1.  Municipal  affair — Municipal  ordinance  pal  affair  and  the  private  detective  act  of 
supersedes  state  law. — The  establishment  ot  1915,  must  yield  to  a  city  ordinance  so  far 
a  private  patrol  service  or  system  over  a  as  their  conflicting  provisions  are  con- 
designated  area  vi'ithin  the  corporate  limits  cerned. — In  re  Hitchcock,  34  CaL  App.  Ill, 
of  the  city  of  Oakland  is  strictly  a  munici-  166  Pac.  849. 

DIABLO  CREEK. 
See  Kerr's  Cyc.  Political  Code,   $  2349. 

DINUBA. 

See  Act  3094,  note. 

DISSECTION. 

See  Kerr's  Cyc.  Political  Code,  $$  3093,  et  seq. 


Act  J252,  §§  1, 2  GENERAI>   LAWS,  652 

DISTRICT  ATTORNEY. 

References:  Bond,  compensation,  duties,  oath,  qualifications,  etc.,  as  county  officer,  In 
general,  see  Kerr's  Cyc.  Political  Code,  tit.  "County  Government." 

Duty,  etc.,  in  particular  instances,  see  Kerr's  Cyc.  Political  Code,  particular  title. 

Duty  in  criminal  prosecutions,  in  particular  instances,  see  Kerr's  Cyc.  Penal  Code, 
particular  title. 

Duty  as  to  enforcement  of  particular  acts,  see  particular  title. 

CHAPTER  90. 

DISTRICT  COURT  OF  APPEAL. 

References:    Admission  to  bar,  examination  of  applicants,  see  Kerr's  Cyc.  Code  Civil 
Procedure,  §  276,  et  seq. 
Appellate  jurisdiction,  see  Kerr's  Cyc.  Code  Civil  Procedure,  §§  52,  52a. 
Creation  of  court,  see  article  VI,  §  4  of  the  constitution. 
Districts,  appellate,  see  Kerr's  Cyc.  Political  Code,  §  135. 

Officers,  fees  and  compensation,  etc.,  see  Kerr's  Cyc.  Political  Code,  §§  758,  et  seq. 
Opinions  of,  see  §§  16,  24,  article  VI,  of  the  constitution. 

CONTENTS  OF  CHAPTER. 
ACT  1252,    Proper  Accommodations  for  Court  and  Library,  Second  District. 

ACCOMMODATIONS  FOR  COURT  AND  LIBRARY  OF  SECOND  APPELLATE 

DISTRICT. 

ACT  1252 — An  act  to  authorize  the  justices  of  the  district  court  of  appeal  for  the 

second  appellate  district  to  provide  proper  rooms  for  the  accommodation  of  the 

court  and  its  oificers  and  library,  and  declaring  the  expenses  thereof  to  he  an  annual 

charge  against  the  general  fund  in  the  state  treasury. 

History:  Approved  May  25,  1919.  In  effect  July  25,  1919.  Stats. 
1919,  p.  1239.  Former  act  of  March  21,  1907,  Stats.  1907,  p.  846,  super- 
seded by  present  act. 

Rooms  and  accommodations  for  second  district  court  of  appeal. 

$  1.  The  justices  of  the  district  court  of  appeal  for  the  second  appellate  district 
are  hereby  authorized  to  provide  proper  rooms  in  which  to  hold  court  and  for  the 
proper  accommodation  of  its  officers  and  library,  and  the  presiding  justices  of  the 
two  divisions  of  said  district  court  of  appeal  are  hereby  authorized  to  enter  into  any 
contract  or  lease  with  reference  thereto,  approved  by  at  least  two  justices  of  each 
division  of  said  court;  and  the  expenses  thereof,  certified  to  be  correct  by  at  least 
two  justices  of  each  division  of  said  court,  shall  be  paid  out  of  the  state  treasury; 
and  for  such  expenses  a  sufficient  sum  shall  be  annually  appropriated  out  of  any  funds 
in  the  state  treasury  not  otherwise  appropriated. 

Acts  repealed. 

S  2.     All  acts  and  parts  of  acts  inconsistent  herewith  are  hereby  repealed. 

DITCHES. 

See  tit.  *' Canals";  "Drainage";  and  Kerr's  Cyc.  Civil  Code,  §§842,  843. 

DIVORCES. 
See  Kerr's  Cyc.  Civil  Code,  §82,  et  seq.;  Kerr's  Cyc.  Code  Civil  Procedure,  $$76, 
125,  137,  426a,  940,  963,  1019,  2079. 

DIXON. 

See  Act  3094,  note. 

DOGS. 

See  tits.  "Cruelty  to  Animals";  "Sheep";  Kerr's  Cyc.  Civil  Code,  $3341;  Kerr's 
Cyc.  Penal  Code,  $  49L 


5S3  DORRIS   BRIDGE.  Act  1275 

DONNER  MONUMENT. 

See  tit.  "California  Pioneers." 

DORRIS. 

See  Act  3094,  note. 

CHAPTER  91. 

DORRIS  BRIDGE. 
References:    Alturas,  Act  3094,  note. 

CONTENTS  OF  CHAPTER. 
!  ACT  1275.    Change  of  Name  to  Altueas. 

^  ACT  1275 — An  act  to  change  the  name  of  Dorris  Bridge  to  Alturas. 

History:   Approved  March  28,  1876,  Stats.  1875-76,  p.  513. 

CHAPTER  92. 
DRAINAGE. 


I 


CHAPTER  92. 

DRAINAGE  DISTRICTS.  • 

References:  Conversion  of  drainage  districts  into  irrigation  districts,  see  tit.  "Irriga- 
tion Districts,"  "Irrigation  Act  of  1919." 

Drainage  construction  fund,  see  tit.  "Funds." 

Drainage  of  Lake   Earl,  see  tit.  "Lake  Earl." 

Health,  protection   of,  from  pollution   by  drainage,  see  tit.  "Public  Health." 

Irrigation   districts,  see  tit.  "Irrigation." 

Levee  districts,  see  tit.  "Levee  Districts." 

Overflow  districts,  see  tit.  "Overflow  Districts." 

Protection   districts,  see  tit.  "Protection  Districts." 

"Reclamation  Board  Act,"  see  tit.  "Sacramento  and  San  Joaquin  District." 

Reclamation  districts,  see  tit.  "Reclamation  Districts." 

Sacramento  and  San  Joaquin  Drainage  District,  see  tit.  "Sacramento  and  San 
Joaquin  Drainage  District." 

Sale  of  public  lands  uncovered  by  drainage,  see  Kerr's  Cyc.  Political  Code,  §§  3493m, 
et  seq. 

State  engineering  in  connection  with  drainage,  see  tit.  "State  Engineering." 

Storm  water  districts,  see  tit.  "Storm  Water  Districts." 

CONTENTS  OF  CHAPTER. 

ACT  1280.  Drainage  Commissioners,  Districts  and  Fund. 

1281.  Drainage  for  Agricultural,  Swamp  and  Overflowed  Lands. 

1282.  Drainage  District  Act  of  1885. 

1283.  Drainage  District  Improvement  Act  of  1919. 

1284.  Drainage  District  Act  of  1903. 

1285.  Validate  Bonds  of  Bellevue-Wilfred  Drainage  District. 

1286.  Validate  Work  on  Butte  County  Drainage  District  No.  1. 

1287.  Validate  Proceedings  in  Butte  County  Drainage  District  No.  100. 

1288.  Create  Knights  Landing  Ridge  Drainage  District. 

1289.  Boundaries  of  Knights  Landing  Ridge  Drainage  District. 

1290.  Validating  Formation  of  Los  Angeles  County  Drainage  District  Impeovi5- 

MENT   No.    1. 

1291.  Validating  Formation  of  Los  Angeles  County  Drainage  District  Improve- 

ment No.  3. 

1292.  Validating  Formation  and  Determining  Boundaries  of  Merced  County  Drain- 

age Improvement  District  No.  1. 

1293.  Validating    Formation    and    Determining    Boundaries    or    Merced    County 

Drainage  Improvement  District  No.  2. 

1294.  Sacramento  River  Drainage  District. 

1295.  Yolo  Basin  Drainage  District. 
1290.     Yolo  and  Colusa  Drainage  District. 


Acts  12S0,  1281 


GEXERAI.   I.AWS. 


B54 


DRAINAGE  COMMISSIONERS,  DISTRICTS  AND  FUND. 
ACT  1280 — An  act  to  promote  drainage. 

History:     Approved  April  23,  1880,   Stats.  1880,  p.   123. 


1.  Constitutionality — Title  of  act  is  vio- 
lative of  section  24,  article  IV,  of  the  con- 
stitution providing  that  every  act  shall 
embrace  but  one  subject,  which  shall  be  ex- 
pressed in  the  title. — People  v.  Parks,  58 
Cal.   624;  Doane  v.  Weil,  58  Cal.   334. 

2.  \%'here  a  subject  embraced  in  the  title 
of  the  act  is  so  conjoined  inseparably  with 
other  subjects  not  embraced  in  the  title 
that  it  is  impossible  to  disjoin  them,  the 
court  can  not  adjudge  one  void  and  the 
other  valid,  as  it  might  do  otherwise  under 
section  24,  article  IV,  of  the  constitution. — 
People  V.  Parks,  58  Cal.  624;  Doane  v.  "Weil, 
58   Cal.   334. 

3.  Same — "Other  operations." — The  phrase 
"other  operations"  has  no  clear  meaning  in 
the  act,  and  so  many  subjects  not  expressed 
in  the  title  may  be  concealed  under  it  that 
its  presence  renders  it  obnoxious  to  section 
24,  article  IV  of  the  constitution. — People 
V.  Parks,  58  Cal.  624;  Doane  v.  Weil,  58  Cal. 
334. 

4.  Same — "Storapre  of  debris"  and  "Pro- 
motion of  drainage"  rff  a  district  are  sub- 
jects so  essentially  different  as  to  render 
the  act  obnoxious  to  the  provisions  of  sec- 
tion 24,  article  IV  of  the  constitution. — 
People  v.  Parks,  58  Cal.  624;  Doane  v.  Weil, 
58   Cal.    334. 

5.  The  storage  of  debris  is  a  private  en- 
terprise and  the  legislation  has  no  power 
to  impose  taxes  for  such  a  purpose,  as  it  has 
for  the  promotion  of  drainage  which  is  a 
public  purpose. — People  v.  Parks,  58  Cal. 
624;   Doane   v.   Weil,    58   Cal.    334. 

6.  Same  —  Two  heterogeneous  subjects 
which  can  not  be  segregated  are  embraced 
in  the  title,  and  the  title  does  not  express 
all  the  subjects  of  legislation  embodied  in 
the  act,  and  the  act  is  therefore  obnoxious 
to  the  provisions  of  section  24,  article  IV 
of  the  constitution  and  is  invalid. — People 
V.  Parks,  58  Cal.  624;  Doane  v.  Weil,  58  Cal. 
334. 


7.  Same — Deleg^ation  of  le;;is]ative  poorer. 

— The  act  is  a  delegation  of  legislative 
power  to  the  drainage  commissioners,  and 
is  therefore  obnoxious  to  the  provisions  of 
section  1,  article  III  of  the  constitution. — 
People  V.  Parks,  58  Cal.  624;  Doane  v.  Weil. 
58  Cal.  334. 

7a.  Delegation  of  legislative  poT«'er  to  an 
executive  officer. — The  power  of  the  county 
surveyor  under  the  act  are  ministerial  and 
not  legislative,  and  the  act  is  not  violative 
of  section  1,  article  III  of  the  constitution. 
— Holley  V.  Orange  County,  106  Cal.  420,  39 
Pac.   790. 

8.  Same — Power  of  taxation. — The  act  is 
void  because  it  authorizes  duplicate  and 
triplicate  taxation  for  the  same  purpose 
upon  the  same  property  in  territory  which 
has  not  been  made  a  special  taxing  district, 
and  is  void  as  violative  of  that  equality  and 
uniformity  of  taxation  required  by  the  con- 
stitution.— People  v.  Parks,  58  Cal.  624: 
Doane   v.   Weil,    58   Cal.    334. 

9.  Same  —  I..ocal  taxation. — The  act  au- 
thorizes a  quasi  municipal  corporation  to 
levy  taxes  for  the  general  public  benefit, 
without  constitutional  power  to  do  so  (§  12. 
article  XI,  constitution),  and  is  for  that 
reason,  void. — People  v.  Parks,  58  Cal.  624: 
Doane  v.  Weil,  58  Cal.  334. 

10.  Some — Act  of  3Iarch  10,  1SS5,  Stats. 
1S8.5,  p.  78,  appropriating  money  to  pay 
warrants  for  claims  incurred  under  the  act 
of  April  23,  1880,  is  constitutional  and  valid, 
notwithstanding  the  latter  act  has  been  de- 
clared unconstitutional  by  the  court. — Mil- 
ler v.  Dunn,  72  Cal.  462,  1  Am.  St.  Rep.  67. 
14  Pac.  27.  See  Miller  v.  Dunn,  2  Cal.  Un- 
rep.  673,  11  Pac.  604,  department  decision, 
overruled. 

fl.  Repeal  of  act  by  county  grovemment 
act. — The  act  is  not  repealed  by  the  county 
government  act  of  1893. — Holley  v.  Orange 
County,  106  Cal.  420,  39  Pac.  790. 


DRAINAGE   OF   AGRICULTURAL,   SWAMP   AND    OVERFLOWED   LANDS. 
ACT  1281 — An  act  to  provide  a  system  of  drainage  for  agricultural,  swamp,  and  over- 
flowed lands. 

History:      Approved   March   3,    1881,    Stats.    1881,   p.    15.      Amended 
March  27,  1897,  Stats.  1897,  p.  220. 


See  later  act.  Act  1283. 

1.  Constitutionality — Private     use.  —  The 

act  is  unconstitutional  on  the  ground  that 
It  authorizes  the  taking  of  private  property 
for  private  use,  in  contravention  of  section  1, 
article  XIV,  of  the  constitution. — Nickey  v. 
Stearns  Ranches  Co.,  126  Cal.  150,  58  Pac. 
459. 

2.  Same  —  Prior    decision. — The    case    of 
Holley    v.    County    of    Orange,    106    Cal.    420, 


39  Pac.  790,  did  not  involve  the  question  of 
constitutionality  here  involved,  and  was  be- 
tween different  parties,  and  has  no  binding 
force  in  this  case. — Nickey  v.  Stearns 
Ranchos  Co.,  126  Cal.  150,  58  Pac.  459. 

3.  Superseded. — The  act  was  not  incon- 
sistent with  the  act  of  1885,  and  was  not 
superseded  by  that  act. — Nickey  v.  Stearns 
Ranchos   Co.,    126   Cal.    150,    58   Pac.    459. 


555  DRAINAGE    DISTRICTS.  Act  1282,  §§  1-5 

DRAINAGE   DISTRICT   ACT   OF  1885. 

ACT  1282 — An  act  to  promote  drainage. 

History:  Approved  March  18,  1885,  Stats.  1885,  p.  204.  Amended 
March  31,  1891,  Stats.  1891,  p.  262;  February  19,  1909,  Stats.  1909, 
p.  25;  May  21,  1917.     In  effect  July  27,  1917.     Stats.  1917,  p.  782. 

Petition  for  drainage  procedure.    Publication. 

§  1.  Whenever  the  owners  of  two-thirds  of  any  body  of  land  susceptible  of  one 
mode  of  drainage  desire  to  drain  the  same,  they  may  present  to  the  board  of  super- 
visors of  the  county  in  which  the  land,  or  the  greater  portion  thereof,  is  situated,  at 
a  regular  meeting  of  the  board,  a  petition  setting  forth  that  they  desire  to  adopt 
measures  to  drain  the  same,  a  description  of  the  land,  the  number  of  acres  in  the 
proposed  district,  and  the  number  of  acres  in  each  tract,  and  the  names  of  the  owners 
thereof,  and  names  of  three  persons  whom  they  desire  to  serve  as  trustees  for  the 
first  three  months ;  the  petition  must  be  verified  by  the  affidavit  of  one  of  the  petitioners, 
and  must  be  published  for  four  weeks  next  preceding  the  hearing  thereof,  in  some 
newspaper  published  in  the  county  in  which  the  lands  are  situated,  or  if  there  is  no 
newspaper  published  in  the  county,  then  it  must  be  published  in  some  newspaper 
having  a  general  circulation  in  the  county,  together  with  a  notice  stating  the  date  of 
the  meeting  of  said  board  on  which  the  petition  will  be  heard,  and  directing  all  parties 
interested  to  appear  on  said  date  and  show  cause,  if  any  they  have,  why  said  petition 
should  not  be  granted,  and  an  affidavit  of  such  publication  must  be  filed  with  the  clerk 
of  said  board  at  or  before  the  date  of  jsaid  hearing.  [Amendment  approved  Febru- 
ary 19,  1909.    Stats.  1909,  p.  25.    In  effect  immediately.] 

District  lying  in  different  counties. 

§  2.  When  a  district  is  situated  partly  in  different  counties,  the  trustees  must,  after 
the  petition  has  been  granted,  forward  a  copy  thereof  to  the  clerk  of  the  board  of 
suiDervisors  of  any  county  in  which  any  portion  of  the  district  may  lie,  and  the  board 
to  which  the  same  is  forwarded  must  not  allow  another  district  to  be  formed  within 
such  district,  unless  with  the  consent  of  the  trustees  thereof. 

Lands  improperly  included.    Boundaries  to  be  defined. 

§  3.  If  the  board  of  supervisors  find  upon  the  hearing  of  such  petition  that  lands 
have  been  improperly  included  in  such  district,  they  may,  before  fixing  the  final 
boundaries,  exclude  from  such  district  any  land  which  may  have  been  so  included,  or  in- 
clude any  lands  adjacent  thereto,  on  petition  of  any  owner  of  such  lands  presented  at 
such  time  of  hearing,  as  they  may  deem  for  the  best  interests  of  such  district.  If  from 
the  petition  and  evidence  produced  at  such  hearing  the  board  finds  that  said  petition 
should  be  granted,  it  must  thereupon,  by  order,  define  the  boundaries  of  said  district 
and  declare  said  district  duly  formed,  and  the  persons  named  in  said  petition  for  the 
formation  of  such  district,  as  such,  to  be  the  trustees  thereof  for  the  first  three 
months,  or,  until  their  successors  are  appointed.  [Amendment  approved  February  19, 
1909.     Stats.  1909,  p.  26.     In  effect  immediately.] 

This  section  was  also  amended  in  1891,  Stats.  1891,  p.  262. 

Recording  petition. 

5  4.  The  petition  for  the  formation  of  the  district,  together  with  the  order  of  the 
board,  defining  its  boundaries  and  forming  the  same,  must  be  recorded  in  the  office  of 
the  recorder  of  the  county  in  which  any  of  the  lands  of  the  district  are  situated. 
[Amendment  approved  February  19,  1909.     Stats.  1909,  p.  26.     In  effect  immediately.] 

By-laws,  adoption  of. 

§  5.  After  the  approval  of  tlje  petition  the  owners  of  lands  embraced  within  the 
boundaries  of  the  district,  or  those  owning  a  majority  in  acreage  thereof  must  adojjt 


Ae«  1282.  §§  6-9  GENERAL   LAWS.  556 

by-laws,  not  inconsistent  with  the  laws  of  this  state  for  the  government  and  control 
of  the  affairs  of  the  district,  and  for  the  future  appointment  of  trustees.  The  by-laws 
thus  adopted  must  be  signed  by  the  owners  of  lands  in  the  district  representing  a 
majority  in  acreage  thereof.  By-laws  thus  adopted  may  be  amended  at  any  time 
in  the  same  manner  in  which  the  original  by-laws  were  adopted.  [Amendment  ap- 
proved February  19,  1909.     Stats.  1909,  p.  26.     In  effect  immediately.] 

Recording  "by-laws. 

$  C.  The  by-laws  and  all  amendments  thereto  must  be  filed  for  record  in  the  office 
of  the  recorder  in  which  the  district  was  organized,  and  recorded  in  a  book  kept  for 
the  purpose  of  recording  instruments  in  writing  relating  to  reclamation  or  drainage 
districts.  [Amendment  approved  February  19,  1909.  Stats.  1909,  p.  27.  In  effect  im- 
mediately.] 

Powers  of  trustees.    Compensation  of  trustees. 

$  7.  The  board  of  trustees  shall  have  power  to  elect  one  of  its  members  president 
thereof  and  also  a  clerk;  to  employ  engineers  and  others  to  survey,  plan,  locate  and 
estimate  the  cost  of  the  works  necessary  for  the  drainage  of  the  lands  of  the  district, 
and  the  land  needed  for  a  right  of  way,  including  drains,  canals,  sloughs,  water-gates, 
embankments,  watercourses  and  material  for  construction;  to  thereafter,  at  any  time. 
in  its  discretion,  modify  or  change  such  original  plan  or  plans,  or  adopt  new,  supple- 
mental or  adclitional  plan  or  plans,  when,  in  its  judgment,  the  same  shall  become 
necessary;  to  construct,  maintain  and  keep  in  repair  all  works  necessary  to  carry  into 
effect  the  objects  sought  to  be  attained;  and  to  do  all  other  acts  and  things  necessary 
or  required  for  the  drainage  of  the  lands  embraced  in  the  district.  And  the  several 
members  of  the  board  shall  each  be  entitled  to  receive  for  actual  and  necessary  services 
performed,  and  for  expenses  incurred  by  them,  respectively,  for  and  in  the  interest 
of  the  district,  such  compensation  as  the  board  may  determine  to  be  just  and  reasonable, 
and  shall  allow,  and  the  same  shall  constitute  an  indebtedness  of  the  district  for 
which  warrants  of  the  district  must  be  drawn  and  paid  in  the  same  manner  and  out  of 
the  same  fund  as  other  warrants  of  the  district;  provided,  that  no  warrant  thus  drawn 
shall  be  valid  until  approved  by  the  board  of  supervisors  of  the  county  which  formed 
the  district.  [Amendment  approved  February  19,  1909.  Stats.  1909,  p.  27.  In  effect 
immediately.] 

Plans  and  estimates. 

§  8.  The  board  of  trustees  must  report  to  the  board  of  supervisors  of  the  county,  or 
if  the  district  is  situated  in  more  than  one  county  then  to  the  board  of  supervisors  of 
each  county  in  which  the  district  is  situated,  the  plans  of  the  work  and  estimates  of 
the  costs  together  with  the  estimates  of  the  incidental  expenses  of  superintendence, 
repairs,  etc. 

Assessment  commissioners. 

^  9.  The  board  of  supervisors  of  the  county  in  which  the  district  was  formed  must 
appoint  three  commissioners  disinterested  persons  residing  in  the  county  in  which 
the  district  or  some  part  thereof  is  situated,  and  such  commissioners  must  view  and 
assess  upon  the  lands  situated  in  the  district  a  charge  proportionate  to  the  whole 
expense,  and  to  the  benefit  which  will  result  from  such  work,  which  charges  must  be 
collected  and  paid  into  the  county  treasury  either  in  cash  or  in  regularly  issued  war- 
rants of  the  district  as  hereinafter  provided,  and  must  be  placed  by  the  treasurer  to 
the  credit  of  the  district,  and  paid  out  for  the  work  of  drainage  upon  the  warrants 
of  the  trustee  approved  by  the  board  of  supervisoj-s  of  the  county.  [Amendment 
approved  February  19,  1909.     Stats.  1909,  p.  27.     In  effect  immediately.] 


657  drainage:    districts.  Act  1282,  §§  10-14 

Warrants,  how  paid. 

$  10.  The  warrants  drawn  by  the  trustees  must,  after  they  are  approved  by  the 
board  of  supervisors,  be  presented  to  the  treasurer  of  the  county,  and  if  they  are  not 
paid  on  presentation,  like  indorsements  must  be  made  thereon,  and  they  must  be 
registered  in  like  manner  as  county  warrants  and  paid  in  the  order  of  their  registration. 
All  warrants  from  the  date  of  their  registration  shall  bear  interest  at  the  rate  of  six 
per  cent  per  annum;  provided,  however,  that  warrants  may  be  used  in  the  payment 
of  assessments  made  hereunder  without  regard  to  the  order  of  registration.  [Amend- 
ment approved  February  19,  1909.     Stats.  1909,  p.  28.     In  effect  immediately.] 

Payments  when  district  in  different  counties. 

§  11.  If  a  district  is  situated  partly  in  different  counties  the  charges  must  be  paid 
into  the  treasury  of  the  county  in  which  the  particular  tract  may  be  situated. 

Further  assessment. 

^  12.  If  the  original  assessment  is  insufficient  to  provide  for  the  complete  drainage 
of  the  lands  of  the  district,  or  if  further  assessments  are  from  time  to  time  required 
to  provide  for  the  protection,  maintenance,  and  repairs  of  the  works,  the  tinistees 
must  present  to  the  board  of  supervisors  by  which  the  district  was  formed  a  state- 
ment of  the  work  to  be  done  and  its  estimated  cost,  and  the  board  must  make  an  order 
directing  that  the  commissioners  who  made  the  original  assessment,  or  other  com- 
missioners to  be  named  in  such  order,  to  assess  the  amount  of  such  estimated  cost  as 
a  charge  upon  the  land  in  the  district,  which  assessment  must  be  made  and  collected 
in  the  same  manner  as  the  original  assessment. 

List  of  charges  assessed.    Equalization  of  assessments. 

§  13.  The  commissioners  appointed  by  the  board  of  supervisors  must  make  a  list 
of  the  charges  assessed  against  each  tract  of  land,  and  the  list  must  contain: 

1.  A  description  of  each  tract  assessed. 

2.  The  number  of  acres  in  each  tract. 

3.  The  names  of  the  owners  of  each  tract,  if  known,  and  if  unknown,  that  fact;  but 
no  mistake  in  the  name  of  the  owner,  or  supposed  owners  of  the  property  assessed  shall 
render  the  assessment  thereof  invalid. 

4.  The  amount  of  the  charge  assessed  against  each  tract. 

The  board  of  commissioners  must,  on  the  completion  of  such  list,  cause  a  notice  to  be 
published  in  some  paper  published  in  the  county  where  such  district  is  situated,  and 
also  have  such  notice  posted  in  three  places  in  such  district,  to  the  effect  that  the  board 
of  commissioners  will,  in  ten  days  from  the  publication  of  such  notice,  meet  (and 
they  shall  also  name  the  time  and  place  of  such  meeting)  as  a  board  of  equalization 
for  the  purpose  of  equalizing  assessments,  and  will  continue  in  session  as  long  as  may 
be  necessary,  not  to  exceed  ten  days,  at  the  end  of  which  time,  having  equalized  and 
adjusted  such  assessments,  the  list  must  then  be  filed  as  hereinafter  provided.  [Amend- 
ment approved  February  19,  1909.     Stats.  1909,  p.  28.     In  effect  immediately.] 

This  section  was  also  amended  in  1891,  Stats.  1891,  p.  263. 

Assessment  list,  where  filed.     Pajrments  of  charges.     Unpaid  assessments.     Actions 
Procedure. 

$  14.  The  list  so  made  must  be  filed  with  the  county  treasurer  of  the  county,  or  if 
the  district  is  partly  situated  in  different  counties,  then  the  original  list  must  be  filed 
in  the  county  first  in  order  in  alphabetical  arrangement,  and  copies  thereof,  certified  by 
the  commissioners,  must  be  filed  with  the  treasurers  of  each  of  the  other  counties. 
From  and  after  the  filing  of  the  list,  or  certified  copies  thereof,  the  charges  assessed 
upon  any  tract  of  land  in  the  district  constitute  a  lien  thereon,  and  the  list  thus  pre- 
pared must  remain  in  the  office  of  the  treasurer  for  thirty  days,  or  longer  if  ordered  by 
the  board  of  trustees,  and  during  the  time  it  so  remains  in  the  office  of  said  treasurer 


Act  1282,  §14  GENERAL  LAWS.  558 

any  person  may  pay  the  amount  of  the  charges  assessed  against  any  tract  to  the 
treasurer  without  costs,  either  in  cash  or  in  regularly  issued  warrants  of  the  district; 
or,  if  so  ordered  by  the  board  of  trustees,  said  payments  may  be  b}'  installments  which 
installments  may  be  paid  either  in  cash  or  in  regularly  issued  warrants  of  the  district ; 
and  if,  at  the  end  of  thirty  days,  or  of  the  longer  period  fixed  by  the  trustees,  all  the 
charges,  or  all  of  any  installments  ordered  by  thom.  have  not  been  paid,  the  treasurer 
must  return  the  list  to  the  board  of  trustees  of  the  district,  and  all  unpaid  assess- 
ments shall  bear  legal  interest  from  the  date  of  the  return  of  the  lists  to  said  board, 
and  shall  thereafter  be  collected  and  paid  in  separate  installments,  of  such  amounts, 
and  at  such  times,  respectively,  as  the  board,  from  time  to  time,  in  its  discretion,  may, 
by  order  entered  in  its  minutes,  direct ;  and  a  cause  of  action  for  the  collection  af  any 
such  installments  shall  accrue  at  the  expiration  of  twenty  days  from  the  date  of  the 
order  directing  its  payment;  provided,  that  if  any  such  installments  shall  remain  unpaid 
at  the  expiration  of  said  twentj'^  days,  then  the  whole  of  the  assessment  against  the  land 
owned  by  the  person  failing  to  pay  such  installment  shall  become  due  and  payable 
at  once,  and  may,  in  the  discretion  of  the  board,  be  collected  immediately,  in  one  and 
the  same  action.  The  board  of  trustees  of  the  district  must  commence  actions  for  the 
collection  of  such  delinquent  installments,  and  delinquent  assessments,  with  inteiest 
thereon,  and  costs,  and  for  the  enforcement  of  the  lien  thereof  on  the  land  assessed, 
in  the  superior  court  of  the  county  in  which  the  land,  or  some  portion  of  it,  is  situated, 
in  which  action  all  persons  claiming  any  interest  in  said  land  upon  which  said  assess- 
ment is  levied,  and  any  person  necessary  to  a  complete  determination  of  the  action, 
may  be  joined  as  defendants  in  said  action.  No  person  holding  a  conveyance  from  or 
under  the  person  to  whom  the  land  was  assessed  or  having  a  lien  thereon,  which  con- 
veyance or  lien  does  not  appear,  of  record  in  the  proper  office  at  the  time  of  the  com- 
mencement of  the  action,  need  be  made  a  party  to  such  action,  and  the  judgment 
therein  rendered,  and  the  proceedings  therein  had,  are  as  conclusive  against  the  party 
holding  such  unrecorded  conveyance  or  lien  as  if  he  had  been  a  party  to  the  action. 
Notice  of  the  pendency  of  such  action  may  be  filed  in  the  office  of  the  county  recorder 
of  the  county  in  which  the  land  affected  by  said  action  is  situated  in  the  same  manner 
and  with  like  effect  as  in  other  actions  affecting  real  property.  When  the  name  of 
any  person,  properly  a  defendant  in  any  such  action,  as  herein  provided,  is  unknown 
to  the  said  trustees  such  person  may  be  joined  in  said  action  and  be  sued  by  a  fictitious 
name,  and  if  his  true  name  is  thereafter,  and  before  final  judgment  discovered  or 
ascertained  the  same  may  be,  thereafter,  substituted  for  such  fictitious  name.  Service 
of  the  summons  in  such  action  shall  be  made  in  the  same  manner  as  is  provided  by 
law  for  the  service  or  publication  of  summons  in  other  actions.  Assessments  on  several 
tracts  may  be  included  in  the  same  action,  if  listed  to  the  same  persons,  and  causes 
of  action  on  separate  assessments  on  the  same  land  may  be  included  in  the  same 
action.  In  all  actions  for  the  collection  of  delinquent  assessments,  the  court  may  decree 
and  adjudge  a  lien  against  each  tract  for  the  amount  assessed  against  the  same,  and 
may  order  it  to  be  sold,  on  execution  or  decree,  as  in  other  cases  of  sale  of  real  estate 
on  execution.  In  any  action  to  enforce  said  lien  or  to  determine  the  validitj-  of  the 
same,  said  list,  duly  executed  by  said  commissioners,  or  a  certified  copy  thereof  shall 
be  prima  facie  evidence  of  the  matters  therein  contained,  and  that  said  commissioners 
were  duly  appointed  and  qualified,  as  required  by  law,  and  that  they  did  view  and 
assess  upon  the  lands  set  forth  in  said  list  the  charges  therein  contained,  and  that 
said  charo-es  are  in  proportion  to  the  whole  expense  and  the  benefits  which  will  result 
from  the  work  of  drainage  for  which  said  assessment  was  so  levied.  The  judgment 
or  decree  must  direct  that  the  sale  be  made  for  lawful  money  of  the  United  States. 
The  board  of  trustees  must  pay  the  moneys  collected  to  the  county  treasurer,  who  must 
place  the  same  to  the  credit  of  the  district.  [Amendment  approved  February  19,  1909. 
Stats.  1909,  p.  28.     In  effect  immediately.] 


559  DRAINAGE    DISTRICTS.  Act  12S2,  §§  15-21 

Executing  work. 

^  15.  The  work  must  be  executed  under  the  direction  and  in  the  manner  prescribed 
by  the  board  of  trustees. 

Account  of  expenditures. 

^  16.  The  board  must  keep  accurate  accounts  of  all  expenditures,  which  accounts, 
and  all  contracts  that  may  be  made  by  them,  are  open  to  the  inspection  of  the  board 
of  supervisors,  and  every  person  interested. 

Purchases  by  trustees. 

§  17.  The  trustees  may  acquire,  by  purchase,  all  property  necessary  to  carry  out 
and  maintain  the  system  of  drainage  provided  for. 

Eminent  domain. 

$  18.  The  trustees  may  acquire,  by  condemnation,  the  right  of  way  for  canals,  drains, 
embankments,  and  other  works  necessary,  and  may  take  materials  for  the  construction, 
maintenance,  and  repair  thereof  from  lands  outside  of  as  well  as  in  the  limits  of  said 

district. 

Same. 

§  19.  The  provisions  of  Title  VII,  Part  III,  of  the  Code  of  Civil  Procedure  are  ap- 
plicable to,  and  condemnation  herein  provided  for  must  be  made  thereinunder. 

Drainage  entirely  by  owners,  procedure. 

^  20.  Whenever  any  district  of  lands  susceptible  of  one  mode  of  drainage  is  entirely 
owned  by  parties  who  desire  to  drain  the  same,  and  to  manage  such  drainage  without 
the  intervention  of  trustees  or  the  establishment  and  adoption  of  by-laws,  such  parties 
may  file  the  petition  provided  for  in  sections  1  and  2,  and  they  must  state  therein  that 
they  intend  to  undertake  such  drainage  on  their  own  responsibility.  If  the  petition  is 
granted,  the  owners  of  the  land  shall  have  all  the  rights,  immunities  and  privileges 
possessed  by  boards  of  trustees,  and  in  all  proceedings  the  names  of  owners  may  be 
used  instead  of  the  names  of  trustees.  [Amendment  approved  February  19,  1909. 
Stats.  1909,  p.  30.    In  effect  immediately.] 

Disincorporation  of  drainage  district.    Taxes  for  payment  of  indebtedness. 

§  201/2-  Any  drainage  district  organized  under  the  provisions  of  this  act  may  be 
disincorporated  at  any  time  by  proceedings  had  in  the  following  manner: 

Whenever  a  petition  praying  for  such  disincorporation  shall  be  presented  to  the 
trustees  of  said  district,  signed  by  a  majority  of  the  electors  therein,  they  shall  call 
an  election  in  the  same  manner  as  elections  for  members  of  the  board  of  trustees  are 
called,  and  submit  to  the  electors  of  said  district  the  question  of  disincorporation. 
Said  election  shall  be  held  in  all  respects  in  the  same  manner  as  regular  elections  of 
trustees  of  the  district.  If  it  appears  that  two-thirds  of  the  electors  voting  at  said 
election  have  voted  in  favor  of  disincorporation,  the  trustees  shall  cause  such  fact  to 
be  entered  upon  their  minutes,  and  shall  forward  a  copy  of  such  entry  to  the  board 
of  supervisors  of  the  county  in  which  the  district  was  formed,  who  shall  file  the  same 
with  their  clerk,  and  from  the  date  of  such  filing,  said  district  shall  be  deemed  dis- 
incorporated; provided,  that  if  at  the  time  of  the  dissolution,  or  disincorporation  ol 
said  district,  there  be  any  outstanding  bonded  or  other  indebtedness  of  such  district, 
then  taxes  for  the  payment  of  such  bonded  or  other  indebtedness  shall  be  levied  and 
collected  the  same  as  if  such  district  has  not  been  dissolved  and  disincorporated,  but 
for  all  other  purposes  such  district  shall  be  deemed  dissolved  and  disincorporated  from 
the  time  of  the  forwarding  of  said  copy  of  such  entry  to  said  board  of  supervisors. 
[New  section  added  May  21,  1917;  Stats.  1917,  p.  782.] 

§  21.     This  act  shall  take  effect  upon  its  passage. 


Act  1283,  §  1 


GENERAL   LAWS. 


j(iO 


1.  ConMtltutionallty — RalninK  question  nn 

to. — A  person  whose  land  Is  not  embraced 
within  a  proposed  drainage  district  is  not 
entitled  to  a  notice  of  hearing  of  the  peti- 
tion to  form  the  district,  nor  to  a  notice  of 
any  assessment  that  may  be  levied  and  is 
not  entitled  to  raise  the  question  of  the  con- 
stitutionality of  the  act  for  its  failure  to 
provide  for  such  notices  in  a  condemnation 
proceeding:  for  land  for  a  drainage  ditch. 
— Laguna,  etc.,  Dist.  v.  Chas.  Martin  Co.,  144 
Cal.  209,  77   Pac.  933. 

2.  Same  —  Police  power.  —  Constitution- 
ality of  act  is  upheld  as  an  exercise  of  the 
police  power. — Laguna,  etc.,  Dist.  v.  Chas. 
Martin  Co.,  144  Cal.  209,  77  Pac.  933.  See, 
also,  Hagar  v.  Supervisors  of  Yolo  county, 
47  Cal.  222. 

3.  Same — Pnbllc  use. — The  land  taken 
under  this  act  is  taken  for  a  public  use,  is 
for  the  public  benefit,  and  is  taken  by  a  pub- 
lic corporation  acting  as  a  state  agency  and 
the  act  is,  therefore,  valid. — Laguna,  etc., 
Dist.  V.  Chas.  Martin  Co.,  144  Cal.  209,  77 
Pac.  933. 

4.  Same — Pnbllc  use. — The  fact  that  the 
taking  of  land  for  a  drainage  district  will 
benefit  only  those  within  the  district,  and 
that  the  area  of  the  overflowed  land  to  be 
drained  is  less  than  160  acres,  do  not  affect 
the  question  of  the  public  use. — Laguna,  etc., 
Dist.  v.  Chas.  Martin  Co.,  144  Cal.  209,  77 
Pac.  933. 

5.  Adjustment  of  assessment. — The  action 
of  the  board  of  equalization  in  adjusting  an 
assessment  under  the  act  is  subject  to  re- 
view by  the  courts. — Payne  v.  Ward,  23  Cal. 
App.  492,  138  Pac.  967. 

6.  Assessments,  validity  of. — The  land- 
owners may  bring  suit  to  nullify  the  action 
of  the  board  of  equalization  in  adjusting  the 


assessments  and  to  restrain  the  trustees 
from  foreclosing  the  assessment  liens. 
— Payne  v.  Ward,  23  Cal.  App.  492,  138  Pac. 
9C7. 

7.  Discretion  of  comtniN.sioner8  as  to  ben- 
eflts. — Wliile  no  arbitrary  assessment  can 
be  levied,  the  judgment  of  the  commis- 
sioners upon  the  assessment,  after  a  view 
of  the  land  as  contemplated  by  the  statute, 
must  be  presumed  to  have  been  the  result 
of  a  consideration  of  all  the  elements  nec- 
essary to  a  just  apportionment  of  the  assess- 
ment.— Payne  v.  Ward,  28  Cal.  App.  553,  153 
Pac.  462.  See,  also.  Reclamation  Dist.  No.  70 
v    Sherman,  11  Cal.  App.  399,  105  Pac.  277. 

8.  Findingrs  as  to  benefits  sufficiently  sup- 
ported, by  presumptions  of  fairness  and 
justice  and  correctness  that  attends  the 
action  of  the  commissioners  in  apportioning 
the  cost  and  making  the  levy. — Payne  v. 
Ward,  28  Cal.  App.  553,  153  Pac.  462. 

9.  The  act  makes  the  findings  of  the  com- 
missioners as  to  benefits  prima  facie  evi- 
dence of  tlieir  correctness. — Payne  v.  Ward, 
28  Cal.  App.  553,  153  Pac.  462. 

10.  Fixing  benefits  is  a  matter  of  judg- 
ment, and  all  that  is  required  of  the  com- 
missioners and  all  that  could  be  expected  of 
them,  is  that  they  should  honestly  and  intel- 
ligently investigate  the  situation,  examine 
the  lands,  and  fix  the  tax  that  each  piece  of 
land  should,  in  their  opinion,  properly  pay, 
upon  an  apportionment  of  the  whole  amount 
to  be  raised,  according  to  benefits. — Payne 
v.  Ward,  28  Cal.  App.  553,  153  Pac.  462. 

11.  Superseded. — This  act  was  not  incon- 
sistent with  the  act  of  1881  (Act  1281)  and 
did  not  supersede  that  act. — Nickey  v. 
Stearns  Ranches  Co.,  126  Cal.  150,  58  Pac. 
459. 


DRAINAGE  DISTRICT  IMPROVEMENT   ACT  OF  1919. 

ACT  1283 — An  act  to  promote  the  drainage  of  wet,  swamp  and  overflowed  lands,  and 

to  promote  the  public  health  in  the  communities  in  which  they  lie;  providing  for  the 

issuance  of  bonds  and  levying  of  assessments  on  lands  benefited,  to  pay  the  costs 

and  expenses  thereof. 

History:  Approved  May  18,  1919.  In  effect  July  22,  1919.  Stats. 
1919,  p.  731.  Former  act  of  March  21,  1903,  Stats.  1903,  p.  354,  amended 
May  7,  1915,  Stats.  1915,  p.  359,  repealed  by  present  act,  but  the 
latter  makes  no  mention  in  its  title  of  such  repeal. 

Petition  for  establishment  of  drainage  system.    Hearing. 

^  1.  Whenever  twenty  or  more  property  owners  or  the  owners  of  a  majority  of  the 
land  within  a  district  proposed  to  be  organized  under  this  act,  which  district  contains 
a  body  of  wet,  swamp  or  overflowed  lands,  susceptible  of  drainage  by  a  ditch  or 
drain  or  a  system  of  ditches  or  drains,  and  which  said  district  is  to  be  benefited  by 
the  construction  of  any  improvements  contemplated  by  this  act,  shall  file  with  the 
board  of  supervisors  of  the  county  in  which  said  lands  are  situated,  a  petition  for  the 
establishment  of  such  ditch  or  drain,  or  system  of  ditches  or  drains,  for  the  draining 
of  said  body  of  lands,  defining  the  boundary  of  the  district  proposed  to  be  bene- 
fited and  defining  the  boundaries  of  such  body  of  lands  to  be  drained  and 
giving  a  general  description  and  approximate  location  of  such  ditch  or  drain, 
or  system  of  ditches  or  drains,  and  shall  give  said  board  of  supervisors  a  good  and 
suificient  bond,  in  an   amount  to  be  determined   by  said  board,  for  the  payment  of 


661  DRAINAGE    DISTRICTS.  Act  1283.  §  3 

all  costs  that  may  accrue;  provided,  said  petition  shall  not  be  granted,  said  board 
shall,  within  thirty  days  after  the  filing  of  said  petition,  appoint  a  day  for  the  hearing 
of  the  same,  which  shall  be  not  less  than  fifteen  nor  more  than  forty  days  after  such 
appointment;  and  shall,  also,  cause  to  be  published  in  some  newspaper  published  and 
having  a  general  circulation  in  the  county,  a  copy  of  said  petition,  together  with  a 
notice  by  the  clerk  of  said  board  of  the  time  and  place  set  for  hearing  said  petition; 
said  publication  shall  be  at  least  once  each  week  in  a  daily  or  weekly  newspaper  and 
for  at  least  two  weeks  next  preceding  the  time  set  for  said  hearing. 

When  lands  lie  within  more  than  one  county. 

§  2.  Whenever  a  portion  of  the  lands  in  the  district  proposed  to  be  formed  here- 
under, and  to  be  benefited  thereby,  lie  within  the  boundaries  of  more  than  one  county, 
the  petition  shall  be  presented  to  the  board  of  supervisors  of  the  county  within 
which  lie  the  greatest  portion  of  lands  of  the  proposed  district,  signed  by  at  least 
ten  property  owners  or  the  owners  of  a  majority  of  the  land  of  the  district  within 
each  of  the  counties  to  be  affected,  which  petition  shall  set  forth  and  particularly 
describe  the  proposed  boundaries  of  such  district,  and  all  other  matters  required  by 
section  one  hereof. 

Jurisdiction. 

Said  board  of  supervisors  of  the  county  within  which  lie  the  greatest  portion  of 
the  lands  of  the  proposed  district  shall  have  jurisdiction  to  proceed  as  in  the  manner 
herein  provided,  and  the  officers  of  said  county  having  jurisdiction,  shall,  as  provided 
in  this  act,  be  the  officers  of  said  district  and  shall  have  the  powers  and  duties  herein 
provided.  The  several  notices  in  this  act  provided  to  be  given  or  published  shall, 
whenever  possible,  be  respectivel}^  given  or  published  in  the  manner  prescribed,  within 
the  boundaries  of  the  several  counties  respectively. 

Pajnnent  of  assessments  by  counties. 

Upon  filing  with  the  recorder  and  tax  collector  of  said  counties  of  the  certified  copy 
of  the  plat  and  report  of  the  engineer  of  construction  and  the  order  of  said  board 
levying  the  special  assessments  as  hereinafter  provided,  said  county  or  counties  other 
than  the  county  having  jurisdiction  shall  each  year  collect  and  pay  over  to  the  county 
having  jurisdiction,  the  total  amount  of  the  assessments  levied  for  said  year  upon  the 
lands  within  their  resjiective  boundaries  as  levied  in  said  report  of  the  engineer  of 
construction  and  adopted  by  the  order  of  the  board  of  supervisors  of  the  county  having 
jurisdiction.  Thereafter  all  costs  of  every  nature  which  may  be  incurred  or  made 
necessary  in  the  keeping  up  or  preservation  of  any  work  or  improvement  done  under 
the  provisions  of  this  section,  shall  be  borne  by  the  county  or  counties  affected 
by  such  work  or  improvement. 

When  part  of  municipality  included. 

Whenever  a  portion  of  any  ditch  or  drain  or  system  of  ditches  or  drains  for  the 
drainage  of  any  such  body  of  wet,  swamp,  or  overfiowed  lands  will  cross  or  run  along 
the  boundary  line  of  any  municipal  corporation,  or  when  said  board  of  supervisors 
find  that  adjacent  territory  within  a  municipality  will  be  benefited  by  such  work  or 
improvement,  such  adjacent  teiTitory  may  be  included  within  the  boundaries  of  such 
proposed  district.  Any  such  territory  included  within  a  district  formed  under  this 
act  shall  be  subject  to  its  provisions.  Any  work  of  any  improvement  herein  contem- 
plated to  be  done  may  be  done  either  within  or  without  the  boundaries  of  the  district 
organized  therefor  as  may  be  necessary  properly  to  drain  by  a  ditch  or  drain  or  a 
system  of  ditches  or  drains  any  body  of  wet,  swamp  or  overflowed  lands  within  said 
district. 

Gen.  Laws — 36 


Act  12S3.  §§  3-6  GE3NERAL.   LAWS.  562 

Action  on  petition. 

§  3.  The  board  of  supervisors  shall,  in  its  discretion,  in  conclusion  of  the  afore- 
mentioned hearing  and  as  a  sufficient  determination  of  all  questions  arising  at  said 
hearing,  by  resolution  to  be  entered  upon  its  minutes,  grant  or  deny  said  petition.  Said 
l^etition  shall  not  be  granted  unless  the  public  health,  safety,  convenience  or  welfare 
will  be  promoted  by  the  organization  of  such  district.  If  said  petition  is  granted  the 
resolution  granting  the  same  shall  so  state.  If  the  petition  includes  any  portion  of  an 
incorporated  municipality,  as  provided  in  section  two  of  this  act,  the  board  of 
supervisors  shall  by  resolution  find  that  said  portion  of  said  incorporated  municipality 
will  be  benefited  thereby. 

Duty  of  county  surveyor.  Consulting  engineer.  Attorney. 

§  4.  The  county  surveyor  shall  be  the  engineer  of  construction  of  said  district  and 
his  deputies  shall  be  deputy  engineers  of  construction.  He  shall  cause  the  surveying 
and  other  necessary  engineering  work  under  this  act  to  be  done,  and  shall  survey 
and  measure  the  work  to  be  done,  and  shall  estimate  the  costs  and  expenses  thereof, 
and  furnish  all  plans  and  specifications,  and  do  all  acts  appertaining  to  the  duties 
of  the  engineer  of  construction.  Every  certificate  signed  by  him  or  by  any  of  his 
deputies  shall  be  prima  facie  evidence  of  the  truth  of  its  contents.  He  shall  as  in 
other  cases  keep  a  record  of  all  surveys  made  under  the  provisions  of  this  act.  The 
board  of  supervisors  may  appoint  a  consulting  engineer  to  assist  the  engineer  of 
construction,  or  an  attorney  for  the  district,  or  both,  should  said  board  deem  it  for 
the  best  interests  of  the  district.  The  compensation  of  said  consulting  engineer  and 
of  said  attorney,  if  appointed,  or  the  rate,  or  basis  for  computing  the  same  shall  be 
fixed  and  stated  in  the  resolution  of  appointment,  which  said  resolution  shall  be 
entered  in  the  minutes  of  the  board  of  supervisors. 

Specifications.  Approval  by  state  reclamation  hoard. 

§  5.  Before  the  passing  of  any  resolution  of  intention  under  this  act,  plans  and 
specifications  for  work  substantially  the  same  as  that  described  in  the  petition  for 
the  establishment  of  said  district,  and  for  a  dis'trict  substantially  the  same  as  that 
described  in  said  petition,  shall  be  prepared  by  the  engineer  of  construction.  If  the 
work  to  be  constructed  is  of  such  a  nature  and  in  such  location  as  to  be  within  the 
jurisdiction  of  the  state  reclamation  board,  the  approval  of  that  said  board  shall  be 
obtained  before  the  plans  are  adopted. 

Said  specifications  shall  include  an  estimate  of  the  aggregate  amount  of  the  cost  and 
incidental  expenses  of  the  work  and  the  cost  of  the  proceedings  and  shall  be  signed 
by  the  engineer  of  construction  and  be  filed  with  the  clerk  of  the  board  of  supervisors. 

Resolution  of  intention. 

^  6.  Before  ordering  any  work  to  be  done  under  this  act,  the  board  of  supervisors 
shall  pass  a  resolution  of  intention  so  to  do.  Such  resolution  may  in  form,  and  shall 
in  substance,  be  as  following  (filling  all  blanks) : 

In  the  matter  of  drainage  district  improvement  No.  

Resolution  of  Intention  No (both  numbers  being  that  of  the  district). 

Resolved,  That  it  is  the  intention  of  the  board  of  supervisors  of  the  county  of 

,   state  of  California,  proceeding  under  and  by  virtue   of  the  drainage 

district  improvement  act  of  1919,  and  in  the  matter  of  drainage  district  improvement 

district  No (the   number   being   that   of   the   district),   on   the    day  of 

,  19. . . .,  at  the  hour  of  ...  .m.  of  that  day,  or  as  soon  thereafter  as 

the  matter  can  be  heard,  at  the  chambers  of  said  board,  to  order  work  to  be  done, 
as  follows:  (here  insert  a  description  of  the  work,  stating  the  territorial  extent 
thereof  with  all  reasonable  exactness,  and  other  particulars  generally,  yet  so  as  to 


563  DRAINAGE    DISTRICTS.  Act  1283,  §  7 

indicate  fairly  and  approximately  its  probable  cost),  the  said  work  to  be  done  in 
accordance  with  the  plans  and  specifications  therefor  filed  with  the  clerk  of  said  board 

on  the day  of ,  19. . . .,  except  as  the  boundaries  of  the  district 

and  the  plans  and  specifications  may  be  changed  at  the  hearing  hereinafter  provided, 
which  plans  and  specifications  are  made  a  part  hereof,  and  to  which  all  persons  are 
referred  for  further  particulars.  For  the  cost  and  incidental  expenses  of  the  work 
and  the  cost  of  the  proceeding,  bonds  will  be  issued  in  the  total  amount  thereof,  due 

and  payable  in annual  installments  bearing  interest  at  the  rate  of 

per  cent  per  annum,  payable  semiannually,  all  in  gold  coin  of  the  United  States. 

A  special  fund  for  the  payment  of  said  bonds  and  interest  thereon,  to  be  designated 

drainage   district  improvement  No (the   number  being   that   of   the   district) 

interest  and  sinking  fund,  is  to  be  constituted  by  the  levy  and  collection  of  special 
assessment  taxes  upon  all  land  within  a  district  to  be  known  as  * '  drainage  improvement 
district  No of  the  county  of " 

Such  district   (as  proposed)   being  all  that  territory  in  the   county  or  counties  of 

,  state  of  California,  within  exterior  boundaries  as  follows,  to  wit: 

(the  blank  to  be  filled  with  a  careful  statement  of  the  exterior  boundaries  of  the 
district). 

Notice  is  hereby  given  that  at  the  time  herein  specified  for  ordering  the  work,  the 

matter  of  said  drainage  district  improvement  No will  come  up  for  hearing,  and 

all  objections  which  under  the  provisions  of  said  drainage  district  improvement  act 
of  1919,  are  entitled  to  be  heard  or  determined,  will  then  be  heard  and  determined, 
and  the  boundaries  of  said  district  and  the  plans  and  specifications  will  be  then  finally 
determined  and  established. 

The   (here  insert  name  and  character  of  newspaper.     If  the  district 

include  lands  within  more  than  one  county,  as  provided  in  section  two,  a  newspaper,  if 
any,  published  in  each  county,  shall  be  designated)  is  (or  are)  hereby  designated  as 
the  newspaper  (or  newspapers)  for  making  publication  of  this  resolution  and  for 
making  all  other  publications  in  the  proceeding. 

The  county  surveyor  is  hereby  appointed  to  superintend  the  work  of  said  improvement. 

The  foregoing  resolution  was,  on  the day  of ,  19. . . .,  passed  by  the 

board  of  supervisors  of  the  county  of ,  state  of  California. 

Attest : 


Clerk  of  the  board  of  supervisors  of  said  county  of 


By ,  deputy  clerk. 

Publication  and  posting  of  resolution.    Affidavit  of  publication. 

^  7.  Such  resolution  of  intention  shall  be  filed,  and  be  published  by  at  least  two 
insertions  in  the  newspaper  or  newspapers  therein  designated,  which  shall  be  a  news- 
paper or  newspapers  published  and  circulated  in  the  county  or  counties,  or,  if  there  be 
no  such  newspaper,  then  in  any  newspaper  designated  by  said  board  of  supervisors 
in  such  resolution.  Printed  copies  of  such  resolution,  headed,  "notice  of  drainage 
district  improvement,"  such  heading  to  be  in  letters  not  less  than  one  inch  in  height, 
shall,  by  the  engineer  of  construction,  be  posted  along  the  line  of  work  described  in 
said  resolution,  at  a  distance  of  not  more  than  three  hundred  feet  apart,  but  not  less 
than  three  notices  in  all.  Affidavits  by  the  person  so  publishing  or  posting,  in  proof 
of  such  publication  and  posting,  shall  be  filed  with  the  clerk  of  the  board  of  super- 
visors. When,  before  the  day  of  the  hearing  specified  in  the  resolution  of  intention, 
twenty  days,  including  Sundays  and  holidays,  have  elapsed  since  the  posting  and  the 
first  publication  (they  need  not  be  simultaneous)  of  the  resolution  of  intention,  the 
board  of  supervisors  shall  have  acquired  i30wer  to  proceed  with  such  hearing  and  'to 
act  in  the  proceeding  as  herein  authorized.     The  determination  of  the  board  of  super- 


Act  12S3,  g§  S,  9  GENERAL   LAWS.  0G4 

visors  to  proceed  with  such  hearing,  whether  evidenced  by  an  express  declaration  or 
by  its  proceedings  with  the  hearing,  shall  be  prima  facie  evidence  of  the  existence  of  all 
the  facts  upon  which  the  power  of  the  board  to  proceed  depends,  except  such  as  are 
required  to  appear  of  record  in  the  proceeding,  and  except,  also,  in  so  far  as  rebutted 
by  the  record  in  the  proceeding. 

Objections. 

§  8.  At  any  time  before  the  day  in  the  resolution  of  intention  specified  for  ordering 
the  work  and  the  hearing  of  the  matter,  any  property  owner  may,  alone  or  with  other 
property  owners,  file  with  the  clerk  of  the  board  of  supervisors  written  objection  to 
the  ordering  of  the  work,  as  an  entirely  [sic]  but  not  merely  to  some  part  thereof,  as 
described  in  the  resolution  of  intention;  provided,  that  the  objection  of  any  person 
who  ceases  to  be  such  property  owner  before  the  day  of  said  hearing  shall  not  then 
be  heard.  Property  owners  within  the  meaning  of  this  act  are  those  and  those  only, 
who  own  property  which  will  be  liable  to  assessment  hereunder,  and  an  executor  or 
administrator  shall  be  deemed  representative  of  his  decedent,  and  a  trustee  of  an 
express  trust  in  land  other  than  as  security  for  the  payment  of  money,  of  the  land  so 
held  in  trust,  and  a  trustee  in  bankruptcy,  of  the  bankrupt. 

Next  after  in  order  of  hearing,  the  board  shall  proceed  to  hear  such  objections  as 
may  be  made  to  the  plans  and  specifications,  and  then  such  objections  as  shall  be  made 
to  the  boundaries  of  the  district  as  set  forth  in  the  resolution  of  intention.  Objection 
to  the  plans  and  specifications  or  to  the  boundaries  of  the  district  may  be  made  by  any 
property  owner  upon  the  hearing  without  filing  any  written  statement  thereof.  The 
hearing  may  be  continued  from  time  to  time  by  the  board  of  supervisors  by  an  order 
to  be  entered  in  the  minutes  of  the  board. 

Finding  of  board.    Boundaries.    Notice  inviting  sealed  proposals. 

§  9.  The  board  of  supervisors  shall  in  conclusion  of  the  aforementioned  hearing, 
and  as  a  sufficient  determination  of  all  questions  arising  thereat,  by  resolution  or  reso- 
lutions to  be  entered  upon  its  minutes,  declare  its  finding  determining,  in  its  discretion, 
either  that  the  work  shall  be  ordered  or  that  all  proceedings  shall  be  abandoned.  If 
said  board  determines  that  said  work  shall  be  ordered  it  shall  further  determine  the 
boundaries  of  the  district  and  finally  approve  the  plans  and  specifications.  If  no 
changes  be  made  in  the  boundaries  of  the  district  as  set  forth  in  the  resolution  of 
intention,  it  shall  be  sufficient  to  state  that  the  boundaries  of  the  district  are  those  set 
forth  in  the  resolution  of  intention;  if  any  change  of  such  boundaries  is  made,  the 
boundaries  of  the  district,  as  finally  determined,  shall  be  fully  set  forth.  If  no  change 
be  made  in  the  plans  and  specifications,  it  shall  be  sufficient  to  state  that  such  plans 
and  specifications  are  approved.  In  either  case,  the  boundaries  of  the  district  so  deter- 
mined shall  be  the  boundaries  of  the  district  for  all  purposes  of  the  proceeding  and 
until  any  bonds  to  be  issued  for  the  cost  of  the  work  shall  have  been  fully  paid  and 
discharged;  the  plans  and  specifications  so  approved  shall  be  the  plans  and  specifica- 
tions of  the  district  for  all  the  purposes  of  proceeding.  The  boundaries  of  the  district, 
as  set  forth  in  the  resolution  of  intention,  shall  not  be  so  changed  as  to  include  within 
the  district  any  territory  not  within  the  boundaries  as  set  forth  in  said  resolution,  nor 
so  that  the  place  or  locality  of  any  work  as  finally  approved  and  originally  planned 
to  be  within  the  district  shall  be  excluded  from  the  boundaries  of  the  district  as 
finally  determined.  In  like  manner  the  board  of  supervisors  may  order  the  work  to 
be  done,  and  if  it  so  do,  shall  fix  a  time  for  receiving  proposals  or  bids  for  doing  the 
work,  and  direct  the  clerk  to  give  notice,  inviting  sealed  proposals  or  bids.  Such 
notice  shall  include  a  statement  that  the  work  is  to  be  done  under  the  provisions  of 
the  drainage  district  improvement  act  of  1919,  and  according  to  the  plans  and  specifi- 
cations on  file,  except  in  so  far  as  such  plans  and  specifications  were  changed  by  the 
board  of  supervisors  in  conclusion  of  the  hearing  in  said  act  provided;  to  which  said 


5G5  DRAINAGE    DISTRICTS.  Act  1283,  §§  10-12 

act,  to  the  resolution  of  intention  and  all  proceedings  had  thereunder  the  attention  of 
bidders  is  hereby  directed,  and  which  are  by  this  reference  made  part  of  this  notice. 

Publication  of  notice. 

§  10.  The  notice  inviting  sealed  proposals  or  bids  shall  be  published  by  at  least 
two  insertions  in  the  newspaper  or  newspaj^ers  designated  in  the  resolution  of  intention, 
and  (though  it  need  not  be  simultaneously)  a  copy  or  copies  of  the  same  shall  be 
posted  and  kept  posted  for  five  days,  at  or  near  the  chamber  door  of  the  board  of 
supervisors.  All  proposals  or  bids  shall  be  accompanied  by  a  check,  payable  to  the 
county,  certified  by  a  responsible  bank  in  an  amount  not  less  than  ten  per  cent  of  the 
aggregate  of  the  proposal  or  bid,  or  by  a  bond  in  such  amount  running  to  the  county, 
signed  by  the  bidder,  with  two  sureties  qualifying  before  an  officer  competent  to 
administer  oaths,  each  in  said  amount  over  and  above  all  statutory  exemptions,  or 
executed  by  some  bonding  company  acceptable  to  said  board  of  supervisors.  Said  pro- 
posals or  bids  shall  be  delivered  to  the  clerk  of  said  board. 

Award  to  lowest  bidder.    Notice  of  award.    Bidder  to  pay  expenses  of  publishing 

resolutions. 

$  11.  Said  board  shall,  in  open  session,  open  and  examine  and  declare  the  same. 
No  proposal  or  bid  shall  be  considered  unless  accompanied  by  such  check  or  such  bond 
in  terms  satisfactory  to  the  board.  The  board  may  reject  any  and  all  proposals  or  bids 
should  it  deem  it  for  the  public  good,  and  shall  reject  all  proposals  or  bids  other  than 
the  lowest  regular  proposal  or  bid  of  any  responsible  bidder,  and  may  award  the 
contract  for  said  work  to  the  lowest  responsible  bidder  at  the  price  named  in  his  bid. 

A  notice  of  such  award,  attested  by  'the  clerk  of  the  board  of  supervisors  shall  be 
transmitted  to  the  successful  bidder  by  mail  by  the  clerk  of  the  board  of  supervisors, 
and  shall  also  be  published  and  posted  in  the  manner  herein  provided  as  to  the  notice 
inviting  proposals  or  bids. 

The  check  or  bond  accompanying  such  accepted  proposal  or  bid  shall  be  kept  by  the 
clerk  of  said  board  until  the  contract  for  doing  said  work,  as  hereinafter  provided,  has 
been  entered  into.  Checks  or  bonds  of  unsuccessful  bidders  shall  be  returned  by  the 
clerk  of  said  board.  If  said  successful  bidder  fails,  neglects  or  refuses  for  fifteen  days 
after  being  awarded  the  contract  to  execute  the  same,  the  certified  cheek  accom- 
panying his  bid,  and  the  amount  thereof  shall  be  declared  forfeited  to  the  county,  and 
may  be  collected  by  it  and  paid  into  the  interest  and  sinking  fund  of  the  district,  and 
any  bond  forfeited  may  be  prosecuted,  and  the  amount  thereof  collected  and  paid  into 
said  fund. 

Before  being  entitled  to  a  contract  the  bidder  to  whom  the  award  thereof  has  been 
made  must  advance  and  pay  to  the  clerk  of  the  board  of  supervisors,  the  costs  and 
expenses  of  publishing  and  posting  the  resolutions,  notices  and  orders  required  under 
this  act  to  be  made,  which  have  been  made,  given,  posted  or  published  in  the 
proceeding. 

If  for  fifteen  days  after  being  awarded  the  contract,  the  awardee  fails,  neglects  or 
refuses  to  execute  the  same,  the  board  of  supervisors  may  direct  the  clerk  of  the 
board  to  give  notice  as  in  the  first  instance,  inviting  sealed  proposals  or  bids,  and 
thereupon,  after  receiving  bids  shall  award  as  in  the  first  instance;  and  as  in  the  case 
of  the  default  of  a  first  awardee,  so  also  in  the  case  of  a  second  or  any  subsequent 
awardees. 

Estimate  of  cost  of  work.    Assessment  of  benefits.    Report  to  board.    Notice  of  hear- 
ing on  report.     Objections.     Hearing.    Action  of  board.    Levy  of  special  assessment. 
Special  fund  to  retire  bonds.    Delinquent  installments.    Ad  valorem  tax  for  main- 
tenance fund. 
§  12.     After   adopting   said  plans   and   specifications   as   hereinabove   provided,   and 

before  executing  a  conti-act  for  the  construction  of  the  improvement,   the   board   of 


Act  1283,  §  12  GENERAL   LAWS.  566 

supervisors  shall  direct  the  engineer  of  construction  to  estimate  the  total  cost  of  making 
the  proposed  improvements  and  performing  such  proposed  work  (which  estimate  shall 
include  all  expenses  of  every  kind  incurred  or  to  be  incurred,  either  directly  or  indi- 
rectly, in  carrying  out  said  work  and  improvements),  and  to  assess  the  same  in  pro- 
portion to  the  benefits  thereof  to  the  lands  in  said  district,  and  to  do  all  things  proper 
and  necessary  to  carry  out  the  provisions  of  this  act. 

Said  engineer  of  construction  shall  proceed  to  view  the  lands  within  the  district 
and  may  examine  witnesses  under  oath.  He  shall  proceed  to  assess  against  the  land 
within  said  district  the  estimated  amounts  of  the  cost  of  the  proposed  work  or  improve- 
ment and  the  expenses  incident  thereto,  in  proportion  to  the  benefits  to  be  derived  from 
said  work  or  improvement  so  far  as  he  reasonably  can  estimate  the  same,  including 
in  such  estimate  of  benefits  the  real  property  of  any  railroad  company  within  said 
district,  if  such  there  be.  He  shall  state  the  amounts  to  be  assessed  on  each  parcel  of 
land  separately,  and  shall  divide  the  total  assessment  on  each  parcel  of  land  into  yearly 
installments  of  amounts  clearly  sufficient  to  retire  the  bonds  and  to  pay  the  interest 
thereon  for  each  year  that  said  assessment  shall  continue. 

In  estimating  the  total  cost  and  expenses  of  doing  said  work,  the  engineer  of  con- 
struction shall  be  governed  by  the  amount  he  deems  necessary  to  pay  the  principal 
and  interest  on  bonds  to  be  issued  therefor  as  herein  set  forth  and  all  incidental 
expenses  to  be  incurred  as  herein  authorized.  Such  estimate  shall  be  based  upon  the 
amount  bid  by  the  successful  bidder  for  doing  the  work  as  set  forth  in  the  plans  and 
specifications  together  with  an  estimate  of  the  incidental  expenses  to  be  incurred. 

The  engineer  of  construction  having  made  hi,s  assessment  of  the  benefits,  shall  with 
all  diligence,  and  before  the  board  of  supervisors  declares  the  work  to  have  been  com- 
pleted, make  a  written  report  thereof  to,  and  file  the  same  with,  said  board,  and  shall 
accompany  said  report  with  a  plat  of  the  district  showing  the  relative  location  of  each 
block,  lot  or  portion  of  lot,  or  other  piece  of  land  and  its  dimensions  so  far  as  he  can 
reasonably  ascertain  the  same.  Each  block  and  lot,  or  portion  of  lot,  or  other  parcel 
or  parcels  of  land  affected  or  assessed  shall  be  designated  and  described  in  said  plat 
by  an  appropriate  number  and  a  reference  to  it  by  such  descriptive  number  shall  be 
sufficient  description  of  it  in  all  respects.  Said  report  of  said  engineer  of  construc- 
tion shall  also  state  the  names  of  the  persons  owning  lands  over  which  a  right  of  waj' 
for  said  improvement  has  been  obtained,  as  well  as  the  name  of  any  lessee,  encum- 
brancer, or  other  person  having  an  interest  in  said  land  over  which  a  right  of  way  has 
been  obtained,  together  with  the  particulars  of  their  interest  therein,  and  together  with 
a  waiver  of  any  interest  they  may  have  had  in  said  land  so  obtained  for  said  right  of 
way.  Errors  in  the  designation  of  the  owner  or  owners  of  any  land  or  improvement 
or  any  interest  therein,  or  of  the  particulars  of  their  interest,  shall  not  affect  the 
validity  of  the  assessment. 

The  report  of  such  engineer  of  construction  and  the  affidavit  accompanying  it  shall 
be  filed  with  the  clerk  of  the  board  of  supervisors,  and  said  board  shall  thereupon  fix 
a  time  for  the  hearing  thereon,  and  thereupon  the  clerk  of  said  board  shall  give  notice 
of  said  hearing  by  publication  once  each  week  for  at  least  three  weeks  prior  to  the 
time  fixed  for  said  hearing,  in  the  newspaper  or  newspapers  designated  in  the  resolu- 
tion of  intention.     Such  notice  shall  be  substantially  in  the  following  form: 

Notice  of  the  filing  of  the  report  of  the  engineer  of  construction  of  drainage  improve- 
ment district  No (the  number  being  that  of  the  district)   of  the  county  of 

Notice  is  hereby  given  that  the  engineer  of  construction  of  drainage  improvement 

district  No (the  number  being  that  of  the  district),  did  on  the day  of 

,  19. . . .,  file  his  report  of  the  assessment  of  benefits  in  said  district  with 

the  clerk  of  the  board  of  supervisors  of  said  county,  which  said  report  is  now  on  file 
in  the  office  of  the  said  board  of  supervisors  in  the  city  of ,  of  said  county, 


667  DK.VIX.VGE    DISTRICTS.  Act  12S3,  g  12 

and  that  said  report  ■will  be  heard  by  said  board  at  its  chamber  on  the da}'  of 

,  19 ,  at  the  hour  of   ....m.     Said  report   and  the  map,  plans   and 

specifications  of  the  improvements  mentioned  therein  are  hereby  referred  to  for  further 
particulars.  All  persons  interested  are  hereby  required  to  show  cause,  if  any  they 
have,  at  the  time  and  place  fixed  for  said  hearing,  why  such  report  should  not  be 
adopted  and  confirmed  by  said  board,  and  why  the  several  parcels  of  land  referred  to 
in  said  report  should  not  be  assessed  for  said  improvement  as  therein  set  forth.  All 
objections  shall  be  in  writing,  signed  by  the  person  objecting,  and  filed  with  the  clerk 
of  said  board  at  least  one  day  prior  to  the  time  fixed  for  the  hearing  of  said  report. 

Signed,   

Clerk  of  the  board  of  supervisors, county. 

Any  property  owner  may  file  with  the  clerk  of  said  board  at  least  one  day  before  the 
time  fixed  for  the  hearing,  a  written  objection  to  said  report,  or  to  any  part  thereof, 
to  the  assessment  as  a  whole  or  to  the  assessments  on  the  several  parcels  of  land,  as 
set  forth  in  said  report.  At  the  time  fixed  for  such  hearing  or  at  any  time  to  which 
the  hearing  may  be  adjourned,  the  board  of  supervisors  shall  hear  and  pass  upon  all 
objections  so  filed,  and  shall  proceed  to  pass  upon  said  report  and  the  assessments 
therein  contained,  and  may  confirm,  correct  or  modify  the  same,  or  may  direct  the 
engineer  of  construction  to  make  a  new  assessment,  report  and  plat  which  shall  be 
filed,  heard  and  acted  upon  in  the  same  manner,  and  on  like  notice  as  an  original 
report.  The  action  of  the  board  upon  the  report  and  objections  thereto  shall  be  final 
and  conclusive  as  to  all  matters  therein,  and  no  assessment  shall  be  set  aside  except 
upon  such  hearing  for  any  error,  defect,  or  informality  therein,  or  in  the  proceedings 
prior  thereto,  where  notice  of  the  hearing  of  the  report  has  been  given  as  herein 
prescribed.  The  board  of  supervisors  shall,  upon  the  adoption  of  said  report,  bj^  order 
entered  upon  its  minutes,  levy  against  and  upon  all  lands  within  said  drainage  improve- 
ment district  No (being  the  district  as  described  and  bounded  in  the  order  for 

the  work  to  be  done)  a  special  assessment  upon  the  lands  found  to  be  benefited  by 
such  improvement  in  the  amount  set  forth  in  the  said  report  of  the  engineer  of  con- 
struction as  adopted  by  the  board  of  supervisors,  and  which  said  amount  shall  be 
available  for  the  payment  of  said  bonds  and  the  interest  thereon.  Said  assessment 
shall  be  payable  as  herein  provided  at  the  times  and  in  the  amounts  indicated  in  said 
report  of  said  engineer  of  construction.  When  the  said  board  has  levied  the  special 
assessment  as  hereinabove  set  forth,  the  clerk  of  said  board  shall  cause  to  be  filed 
with  the  recorder,  and  with  the  tax  collector  of  the  county  or  counties  in  which  the 
district  is  situated,  certified  copies  of  the  plat  and  report  as  adopted  and  confirmed 
by  said  board,  together  with  certified  copies  of  the  order  of  said  board  levjaug  said 
special  assessment,  and  also  give  to  the  county  auditor  notice  of  the  total  amount  of 
the  installments  for  each  year.  If  the  district  lies  within  more  than  one  county  as 
provided  in  section  two,  said  certified  copies  shall  be  filed  with  the  recorder  and  tax 
collector  of  each  county  affected.  Upon  the  filing  of  such  certified  copies  the  charges 
assessed  upon  each  piece  of  land  for  the  first  year  shall  immediately  become  due  and 
payable,  and  shall  constitute  a  lien  thereon;  thereafter  the  installments  for  the  suc- 
ceeding year  shall  become  due  and  payable  on  the  third  Monday  of  October  of  each 
j^ear,  and  shall  thereupon  constitute  a  lien  upon  the  land  against  which  it  is  assessed. 

All  moneys  paid  upon  such  assessment,  either  by  property  owners  or  by  the  county 
or  municipality  affected,  shall  be  placed  in  the  countj'  treasury  of  the  county  in  which 
such  district  was  organized  in  a  special  fund  to  be  known  as  drainage  district  improve- 
ment No interest  and  sinking  fund   (the  number  being  that  of  the  district), 

and  shall  be  used  only  to  retire  the  bonds  issued  to  pay  the  cost  of  constructing  the 
improvement  and  the  incidental  expenses  thereof,  and  to  pay  the  interest  on  said  bonds. 
Any  surplus  remaining  shall  be  paid  into  the  maintenance  fund  of  said  district.  Upon 
the  filing  of  the  certified  copy  of  the  report,  assessment  plat,  and  order  with  the  tax 


Act  12S3,  §  13  G10Xi:U  VI.   LAWS.  S«S 

collector  of  the  county  or  counties  as  above  provided,  the  tax  collector  shall  give 
notice  by  ten  days  publication  in  the  newspaper  designated  in  the  resolution  of  inten- 
tion, that  the  assessment  list  of  drainage  improvement  district  No has  been 

tiled  in  his  office,  with  the  date  of  such  tiling;  that  the  first  installments  entered 
thereon  are  due  and  payable,  and  that  if  not  paid  on  or  before  the  last  Monday  of 
April  next  ensuing  the  same  will  become  delinquent  and  will  be  collected  as  are  delin- 
quent taxes.  He  shall  note  on  said  assessment  list  all  assessments  paid,  and  give 
receipts  as  upon  the  payment  of  taxes,  and  shall  pay  all  money  collected  into  the  county 
treasury  at  the  same  time  and  in  the  same  manner  as  money  collected  for  taxes. 

Subsequent  collections  of  installments  shall  be  made  in  the  manner  above  set  forth, 
and  the  tax  collector  shall  annually  publish  a  like  notice,  and  the  same  proceedings 
shall  be  had  as  upon  the  collection  of  the  first  installment. 

When  said  installments  have  become  delinquent  the  tax  collector  of  the  county  shall 
proceed  to  collect  the  same,  together  with  an  additional  ten  per  cent  added  thereon, 
and  pay  the  same  over  to  the  county  treasurer  as  state  and  county  taxes  are  collected 
and  paid  over;  for  the  purpose  of  collecting  such  assessments  and  delinquent  install- 
ments and  penalties,  all  of  the  provisions  of  chapter  seven,  title  nine,  part  three  of  the 
Political  Code  not  in  conflict  with  any  of  the  provisions  of  this  act  are  hereby  made 
applicable.  The  entire  assessment  against  a  parcel  of  land  within  the  district,  subse- 
quent installments  as  well  as  the  installment  for  the  current  year,  may  at  any  time  be 
paid  in  full. 

The  board  of  supervisors  shall  each  year,  at  the  time  of  making  the  levy  of  taxes 
for  county  purposes,  levy  an  ad  valorem  tax  upon  the  real  estate  in  each  drainage 
improvement  district  in  their  county  organized  under  this  act  in  an  amount  sufficient 
to  raise  the  revenue  which  will  be  needed  for  the  current  year  for  maintaining  and 
repairing  the  works  and  improvements  for  said  district.  Said  tax,  when  levied,  shall 
be  entered  upon  the  assessment  roll  and  collected  in  the  same  manner  as  state  and 
county  taxes.    When  collected  it  shall  be  placed  in  the  treasury'  of  the  county  in  a  fund 

to  be  designated  "drainage  district  improvement  No maintenance  fund,"  (the 

number  being  that  of  the  district),  and  shall  be  used  only  for  the  purpose  for  which 
it  was  raised.  If  said  district  includes  land  within  more  than  one  county  as  above 
provided  in  section  two,  the  ad  valorem  tax  herein  provided  to  be  levied,  shall,  by  each 
of  said  counties  be  collected  as  to  the  lands  lying  within  its  boundaries;  and  said 
counties  shall  pay  said  tax  so  collected  over  to  the  county  having  jurisdiction  of  said 
district. 

Execution  of  contract. 

§  13.  The  chairman  of  the  board  of  supervisors  is  hereby  authorized,  in  the  name 
of  the  county  to  execute  the  contract  with  the  awardee  thereof,  and  to  receive  and 
approve  all  bonds  required  by  this  act  on  the  part  of  the  awardee,  and  shall,  by  the 
terms  of  said  contract,  fix  the  time  for  the  beginning  of  the  work,  which  shall  not  be 
more  than  twenty  days  from  the  date  thereof.  The  contract  shall  provide  that  the 
work  shall  be  prosecuted  with  diligence  until  completed,  and  shall  fix  a  time  for  such 
completion.  Such  time  of  completion  may  be  extended  from  time  to  time  by  the  board 
of  supervisors,  in  its  discretion,  and  by  resolution,  entered  by  the  clerk  in  the  minutes 
of  said  board,  a  copy  of  which  shall  by  said  clerk  be  endorsed  upon  or  annexed  to  the 
contract. 

Bond  of  contractor. 

Before  the  execution  of  such  contract,  a  bond  shall  be  executed  and  filed,  running 
to  the  county,  in  an  amount  not  less  than  one-half  of  the  contract  price  of  the  work, 
signed  by  the  contractor  and  two  or  more  sureties,  who,  unless  surety  companies,  shall 
qualify  before  an  officer  entitled  to  administer  the  oath,  in  a  sum  aggregately  equal 
to  the  amount  of  the  bond,  each  surety  in  the  amount  for  which  he  becomes  surely. 


569  DRAINAGE    DISTRICTS.  Act  12S3,  §  1  t 

Such  bond  shall  be  conditioned  for  the  faithful  execution  of  the  contract  by  the  con- 
tractor, and  for  the  payment  by  him  for  all  labor  and  materials  furnished  for  or  in 
the  doing  of  the  work.  The  form  and  sufficiency  of  said  bond  shall  be  passed  upon 
by  some  member  of  the  board  of  supervisors,  and  sucii  bond  shall  inure  as  well  to 
the  benefit  of  any  and  all  persons  furnishing  labor  or  materials  for  the  work  as  to  that 
of  the  county. 

County  to  issue  bonds. 

By  said  contract  the  county  shall  undertake  that  the  board  of  supervisors  will,  upon 
the  fulfillment  and  performance  of  the  contract  on  the  part  of  the  contractor,  and 
under  the  provisions  of  the  drainage  district  improvement  act  of  1919  take  all  steps, 
in  or  by  said  act  authorized  to  be  taken,  to  effect  the  issuing  by  the  county  treasurer 
of  the  bonds  in  said  act  authorized  to  be  issued,  and  provide  a  fund  for  their  payment, 
as  in  or  by  said  act  prescribed.  The  contract  shall  state  that  in  no  case  shall  the 
county  be  liable  thereunder,  nor  any  officer  thereof  be  holden  thereunder  except  for 
the  discharge  of  official  duty  under  the  law. 

Taking  over  or  reletting  contract. 

If  the  contractor  shall  fail  to  begin  in  good  faith  the  work  provided  for  in  said 
contract  within  the  time  in  said  contract  set  forth,  or  shall  fail  thereafter  to  prosecute 
said  work  in  a  workmanlike  and  diligent  manner,  or  shall  fail  in  any  other  respect 
to  carry  out  the  terms  of  said  contract,  then  the  board  of  supervisors  shall  cause 
written  notice  to  be  served  upon  said  contractor,  specifying  the  particular  in  which 
he  is  not  fulfilling  the  requirements  of  said  contract,  and  if  for  a  period  of  three  days 
thereafter  said  contractor  shall  fail  to  remedy  the  defects  set  forth  in  said  notice, 
and  to  prosecute  said  work  thereafter  with  diligence  and  in  a  workmanlike  manner, 
then  the  board  of  supervisors  shall  either  take  over  said  contract  and  complete  said 
work,  or  shall  relet  said  contract,  without  the  necessity  of  advertising  for  bids,  and 
cause  the  work  to  be  completed,  and  shall  declare  the  bond  given  by  said  contractor 
forfeited  and  order  suit  brought  thereon,  and  all  moneys  collected  therefrom  shall  be 
paid  into  the  interest  and  sinking  fund  of  the  district. 

Action  on  bond  for  material  or  labor  furnished. 

If  the  contractor  shall  fail  to  pay  for  any  labor  or  material  furnished  for  or  in  the 
doing  of  said  work  by  any  person,  such  person  may  within  ninety  days  after  the 
making  of  the  final  order  hereinafter  referred  to,  file  with  the  county  treasurer  a  veri- 
fied statement  of  such  facts,  and  such  person  may  thereafter,  within  six  months  after 
the  filing  of  such  statement,  bring  an  action  on  said  bond  in  his  own  name,  or  if  he 
has  assigned  his  claim,  the  action  may  be  brought  in  the  name  of  the  assignee ;  provided, 
however,  that  the  right  of  the  county  to  recover  on  said  bond  shall  be  superior  to  the 
rights  of  any  such  person  to  recover  thereon;  provided,  moreover,  that  if  such  state- 
ment shall  be  filed  before  the  expiration  of  twenty  days  from  the  making  of  such  final 
order,  then  the  county  treasurer  shall  be  authorized  to  withhold  from  the  contractor 
sufficient  of  the  bonds,  issued  as  herein  provided,  to  satisfy  said  claim,  and  costs,  which 
can  reasonably  be  anticipated. 

Declaration  that  work  has  been  completed.    Hearing  to  determine  whether  work  will 

be  accepted. 

$  14.  As  soon  as  in  good  faith  may  be  done,  there  shall  be  filed  with  the  clerk  of 
the  board  of  supervisors  a  declaration  that  the  work  has  been  completed  according  to 
the  contract,  together  with  an  itemized  statement  of  all  the  incidental  costs  and 
expenses  of  the  work  and  the  cost  of  the  proceedings  inclusive  of  the  estimated  cost 
of  publishing  the  notice  of  final  hearing  hereinafter  j^rovided.  The  aggregate  amount 
of  such  items  shall  be  stated,  and  also  the  amount  due  under  the  contract;  and  also  the 


Act  12S3,  §  14  GENERAL  LAAVS.  57« 

gross  sum  for  a  bond  issue  representing  the  entire  amount  thereof,  as  claimed  by  the 
contractor.  The  said  declaration  and  statements  shall  be  signed  and  verified  by  the 
engineer  of  construction  and  by  the  contractor  or  by  some  person  cognizant  of  the  facts 
signing  on  his  behalf  and  statir?g  why  he,  instead  of  the  contractor,  so  signs  andverifies. 
Either  signer  may  except  from  his  signature  and  verification  any  amount  or  item  to 
which  he  does  not  assent.  The  chairman  of  the  board  of  supervisors  shall  fix  a  time 
for  a  hearing,  to  be  known  as  the  final  hearing,  for  the  purpose  of  determining  whether 
the  work  shall  be  accepted  as  completed  according  to  the  contract,  and  for  determining 
the  aggregate  amount  for  which  bonds  shall  be  issued  representing  the  total  costs  of 
the  work  and  the  incidental  costs  and  expenses  of  the  work  and  the  proceedings,  all  of 
which  have  been  charged  to  and  are  payable  by  the  contractor.  Notice  of  such  hearing 
shall  be  given  and  may,  in  form,  and  shall,  in  substance  be  as  follows  (filling  the 
blanks) : 

Notice  of  final  hearing. 

NOTICE  OF  FINAL  HEARING. 

In  the  matter  of  drainage  district  improvement  No 

Notice  is  hereby  given  that  a  final  hearing  in  the  above  named  matter  will  be  had 

at  the  hour  of  . . .  .m,  on  the day  of ,  19. . . .,  at  the  chamber  of 

the  board  of  supervisors  of  the  county  of  ,  state  of  California,  for  the 

purpose  of  determining  whether  the  work  done  under  the  contract  with 

under  resolution  of  intention  No in  drainage  improvement  district  No 

of  the  county  of shall  be  accepted  as  being  performed  according  to  the 

contract,  and  for  determining  the  aggregate  ainount  for  which  bonds  shall  issue  repre- 
senting the  cost  of  such  work,  including  the  incidental  costs  and  expenses  of  the  work 
and  the  proceedings,  of  which  a  statement  has  been  filed  with  the  clerk  of  said  board 

of  supervisors  of  the  county  of to  which  statement  the  attention  of  all 

persons  interested  is  hereby  directed. 


of  the  board  of  super- 
visors of  the  county  of 


Attest; 


Clerk  of  said  board  of  supervisors. 


Publication  and  posting.     Ojections.     Continuance  of  hearing. 

Such  notice  shall  be  signed  by  the  chairman  of  the  board  of  supervisors  and 
attested  by  the  clerk  of  the  board  of  supervisors  and  published  by  at  least  two  inser- 
tions in  the  newspaper  or  newspapers  designated  in  the  resolution  of  intention,  and  a 
copy  or  copies  thereof  posted  and  kept  posted  for  two  days  at  or  near  the  chamber 
door  of  the  board  of  supervisors,  the  first  day  of  such  publication  and  that  of  such 
posting  (they  need  not  be  simultaneous)  to  be  not  less  than  five  days  before  the  day 
in  said  notice  specified  for  the  hearing.  Proof  of  such  publication  shall  be  made  by 
affidavit  or  affidavits,  and  the  same  shall  be  filed.  If  a  quorum  be  not  present  at  the 
time  specified  in  the  notice  of  the  hearing,  the  members  of  the  board  then  present  may 
continue  the  hearing;  and  at  all  stages  the  hearing  may,  by  resolution  entered  in  the 
minutes,  be  continued  from  time  to  time.  At  any  time  before  the  day  in  said  notice 
specified  for  the  hearing  any  property  owner  may  file  written  objection  to  the  accep- 
tance of  the  work  on  the  ground  that  the  work  has  not  been  completed  or  done  accord- 
ing to  the  contract,  specifying  in  ordinary  language  the  particulars  in  which  the  work 
has  not  been  so  completed  or  done.  Any  person  interested  in  the  proceeding,  as  of  the 
interest  of  the  contractor,  shall  be  presumed  to  take  issue  with  such  objection  and 
shall  be  heard  accordingly.  Questions  as  to  the  incidental  costs  or  expenses  of  the 
Avork   or  the  proceedings  may   be  raised   orally   by   any  property   owner   within   the 


571  drainage:    districts.  Act  12S3,  §§  15,  1« 

district.  Evidence  may  be  adduced  as  to  any  of  the  matters  to  be  determined,  and  in 
such  order  as  the  board  may  direct.  If,  when  the  matter  has  been  fully  heard,  whether 
under,  or  in  the  absence  of,  objections,  the  board  of  supervisors  is  of  the  opinion  that 
the  work  has  not  been  completed  or  done  according  to  the  contract,  it  shall  in  writing 
specify  what  must  be  done  in  order  to  comjjlete  the  work,  and  shall,  by  an  order  or 
resolution  to  be  entered  in  its  minutes,  continue  the  further  hearing  of  the  who]e 
matter  to  a  specified  day,  expressly  stating  that  such  continuance  is  for  the  purpose 
of  enabling  the  contractor  to  complete  his  contract.  On  said  continued  hearing,  the 
objections  to  the  work  filed  before  the  day  of  the  first  hearing  shall  continue  in  force, 
and  evidence  shall  be  received,  if  offered,  as  to  what  has  been  done  by  way  of  com- 
pleting the  contract  in  the  particulars  specified  in  the  order  of  the  board  on  the  said 
continuance  of  the  hearing.  If,  upon  such  continued  hearing,  the  board  is  of  the 
opinion  that  the  work  is  still  uncompleted  in  the  particulars  as  to  which  it  was  ordered 
to  be  completed,  it  shall  be  discretional  with  said  board  to  order  or  refuse  a  second 
continuance  of  the  hearing.  If  the  board  does  order  such  second  continuance,  it  shall 
be  ordered  in  the  same  manner,  with  like  effect  as  upon  the  first  continuance;  and 
likewise  as  to  a  second  and  any  other  or  further  continuance.  Objections  to  any  item 
of  incidental  costs  and  expenses  shall  pend  and  be  heard  on  said  day,  or  at  any  con- 
tinued hearing  had  as  above  in  this  section  provided.  Every  continuance  of  said  hear- 
ing for  the  purpose  of  enabling  the  contractor  to  complete  his  contract  or  the  work 
shall  continue  or  revive  such  powers  in  the  proceeding  as  the  board  of  supervisors  had 
under  the  provisions  of  this  act,  at  the  time  of  the  filing  of  the  contractor's  declaration 
that  the  work  was  completed,  as  above  provided,  and  also  operate  to  extend  the  time 
for  the  completion  of  said  contract  in  such  manner  that  its  completion  within  the  time 
to  which  the  hearing  is  continued,  shall  be  as  valid  performance  of  such  contract  as  if 
completed  at  the  time  of  filing  such  declaration. 

Acceptance  of  v/ork. 

^  15.  Whenever  upon  the  hearing  in  section  fourteen  provided,  whether  original  or 
continued,  the  board  shall  be  of  the  opinion  that  the  work  has  been  completed  and 
done  according  to  the  contract,  said  board  shall  by  resolution  to  be  entered  upon  its 
minutes  so  declare,  and  shall  in  said  resolution  declare  that  the  work  is  accepted  and 
the  amount  of  the  contract  price  for  doing  the  work  and  the  amount  of  the  incidental 
costs  and  expenses  of  the  work  and  proceedings  and  the  aggregate  amount  for  which 
bonds  are  to  be  issued  and  shall  make  final  order  that  bonds  be  issued  therefor  as 
hereinafter  provided.  The  decision  and  determination  of  said  board  at  the  hearing 
provided  for  in  section  fourteen  shall,  as  to  all  matters  determined  at  said  hearing 
and  as  to  all  errors,  informalities,  irregularities,  or  omissions  which  said  board  might 
have  avoided  or  remedied  during  the  progress  of  the  proceedings,  or  which  it  can  at 
that  time  remedy,  be  final  and  conclusive  upon  all  persons  entitled  to  be  heard  before 
said  board  on  said  matters,  and  no  assessment  or  tax  levied  for  the  payment  of  the 
bonds,  and  the  interest  thereon,  to  be  issued  for  said  work  and  expenses,  shall  be  held 
invalid  by  any  court  for  any  error,  informality,  omission  or  other  defect  in  the  pro- 
ceedings where  the  resolution  of  intention  has  been  actually  published  as  in  this  act 
provided,  before  the  said  board  shall  have  ordered  the  work  to  be  done. 

Bonds  to  be  issued  by  treasurer. 

^  16.  Upon  the  expiration  of  twenty  days  after  the  making  of  the  final  order  pro- 
vided in  section  fifteen  of  this  act,  the  clerk  of  the  board  of  supervisors  shall  transmit 
to  the  county  treasurer  of  the  county  an  attested  copy  of  said  final  order,  and  upon 
receipt  of  the  same,  the  treasurer  shall  proceed  to  issue  bonds  amounting  in  the  ao-ore- 
gate  to  the  principal  sum  for  which  bonds  are  to  be  issued  as  the  same  is  stated  in  said 
final  order.  A  bond  may  be  issued  in  any  amount,  provided  that  the  aggre"-ate  of  the 
bond  or  bonds  made  payable  in  any  one  year  is  the  proper  part  of  the  whole  principal 


Act  12S3,  §  16  GENERAL   LAWS.  B72 

of  the  bond  issue  as  specified  in  said  final  order,  and  that  the  interest  thereon  shall  be 
payable  as  hereinafter  provided.  The  said  bonds  may  in  form,  and  shall  in  substance, 
be  as  follows: 

Drainage  district  improvement  bond. 

DRAINAGE  DISTRICT  IMPROVEMENT  BOND. 

County  of ,  State  of  California. 

Drainage  Improvement  District  No 

$ Bond  No 

Under  and  by  virtue  of  an  act  of  the  legislature  of  the  state  of  California,  known 
as  the  "drainage  district  improvement  act  of  1919"   (here  may  be  inserted  a  further 

designation  of  the  act  if  desired)  the  county  of ,  state  of  California,  will 

pay  to  the  bearer,  out  of  the  fund  hereinafter  designated,  at  the  office  of  the  treasurer 

of  the  said  county,  on  the day  of ,  19. . . .,  the  sum  of 

dollars  in  gold  coin  of  the  United  States  of  America,  with  interest  thereon,  in  like 

gold  coin  at  the  rate  of   per  cent  per  annum,  payable  semiannually  on  the 

day  of and  the day  of of  each  year  from  the 

date  hereof  (the  last  installment  thereof  shall  be  payable  at  maturity  of  this  bond) 
upon  presentation  and  surrender,  as  they  respectively  become  due,  of  the  proper 
interest  coupons  hereto  attached,  the  first  of  which  is  for  interest  from  date  hereof  to 
the  next  date  of  interest  payment,  and  the  last  for  interest  to  maturity  hereof  from 
the  last  preceding  date  of  interest  payment. 

This  bond  is  issued  under  and  in  conformity  with  the  provisions  of  said  drainage 
district  improvement  act  of  1919  and  the  amendments  thereof,  and  is  one  of  a  series 

of  bonds  of  like  date  and  effect  numbered  from  one  to consecutively,  amounting 

in  the  aggregate  to   dollars,  issued  in  behalf  of  drainage  improvement 

district  No of  said  county,  which  constitute  the   only   indebtedness  of   said 

district.  It  is  hereby  certified,  recited  and  declared  that  all  proceedings,  acts  and 
things  required  by  law  precedent  to  or  in  the  issuance  of  this  bond  have  been  regularly 
had,  done  and  performed,  and  this  bond  is  by  law  made  conclusive  evidence  thereof. 

This  bond  is  payable  out  of  drainage  district  improvement  No interest  and 

sinking  fund  exclusively,  as  the  same  appears  on  the  books  of  the  treasurer  of  said 
county,  and  neither  said  county  nor  any  officer  thereof  shall  be  holden  for  its  payment 
otherwise. 

In  witness  whereof  said  county  has  caused  this  bond  to  be  signed  by  the  chairman 
of  its  board  of  supervisors  and  countersigned  by  its  treasurer  and  the  seal  of  said 
board  to  be  hereto  affixed  and  said  interest  coupons  to  be  signed  by  the  said  treasurer 
this day  of ,  19 


Chairman  of  the  board  of  supervisors  of 

the  county  of 

Countersigned :  

Treasurer  of  the  county  of 


[Seal  of  board  of  supervisors] 

Term  and  interest. 

Said  bonds  shall  be  signed  by  the  chairman  of  the  board  of  supervisors  and  connter- 
Bigned  by  the  treasurer  of  the  county,  and  shall  have  the  seal  of  said  board  of  super- 
visors thereto  affixed,  and  when  so  signed  shall  be  binding  according  to  the  terms 
thereof  as  prescribed  in  said  form.  The  interest  coupons  attached  to  said  bonds  shall 
be  in  such  form  as  said  treasurer  may  determine,  subject  to  the  provisions  of  this  act 
and  the  approval  of  the  board  of  su))ervisors.  Said  coupons  need  be  signed  only  by 
the  treasurer  either  in  writing  or  by  lithographed  or  printed  facsinaile.     Said  bonds 


573  DRAI.NAGE    DISTRICTS.  Act  12S3,  §§  17,  18 

shall  be  delivered  by  the  said  treasurer  to  said  contractor  or  to  his  order,  assignee, 
or  lawful  representative. 

The  board  of  supervisors  is  hereby  vested  with  power  to  determine  the  number  of 
years,  not  to  exceed  twenty,  within  which  the  aggregate  jjrincipal  of  bonds  to  be  issued 
under  this  act  shall  be  paid  and  discharged,  and  to  fix  the  rate  of  interest,  not  to 
exceed  seven  per  cent  per  annum,  to  be  paid  thereon,  and  it  shall  be  a  sufficient  deter- 
mination and  fixing  of  the  same  to  set  forth  in  the  resolution  of  intention  that  bonds 
will  issue  for  the  work  in  any  terms  that  will  fairly  indicate  such  time  and  such  rate 
and  the  fractional  part  of  the  principal  to  be  paid  each  year,  which  fractional  part, 
for  each  year  except  the  last,  shall  be  that  multiple  of  one  hundred  dollars  nearest  the 
amount  obtained  by  dividing  the  amount  of  the  total  bond  issue  by  the  number  of  years 
through  which  said  bond  issue  is  to  continue,  and  for  the  last  year  shall  be  for  the 
balance  of  the  total  bond  issue  not  provided  to  be  paid  in  the  previous  years. 

Manner  of  making  pasrments. 

The  interest  payments  on  said  bonds  shall  become  due  and  payable  semiannually 
on  such  dates  as  will  cause  the  final  installment  thereof  to  become  due  and  payable 
on  the  date  of  the  maturity  of  the  bond  in  the  manner  indicated  in  said  form  of  bond. 
Interest  and  principal  shall  be  payable  at  the  office  of  the  county  treasurer  in  gold 
coin  of  the  United  States  of  America;  but  it  shall  not  be  necessary,  either  in  the  reso- 
lution of  intention  or  otherwise,  to  set  forth  or  determine  the  days  of  the  month  on 
which  paj-ments  of  interest  are  to  be  made,  nor  that  payments  shall  be  made  in  such 
gold  coin,  nor  that  payments  shall  be  made  at  such  treasurer's  office,  but  all  persons 
are  charged  with  notice  of  the  contents  of  this  section,  especially  in  the  aforesaid 
particulars. 

Bonds  evidence  of  prior  proceedings. 

5  17.  Said  bonds  by  their  issuance  shall  be  conclusive  evidence  of  the  regularity  of 
all  proceedings  prior  thereto  under  this  act,  and  after  the  same  are  issued,  no  tax 
levied  or  collected  for  the  pui-pose  of  paying  the  principal  or  interest  on  said  bonds 
shall  be  held  to  be  illegal  or  set  aside  or  refunded  by  reason  of  any  informality,  iiregu- 
larity,  omission  or  defect  in  any  of  the  proceedings  prior  to  the  issuance  of  said  bonds, 
nor  shall  any  action  be  maintained  to  cancel  or  set  aside  said  bonds,  or  to  prevent 
the  payment  thereof  or  the  levy  or  collection  of  a  tax  for  such  payment. 

Costs  paid  by  contractor. 

^  18.  All  costs,  charges  and  expenses  of  the  proceeding,  including  the  salaries  of 
the  engineer  of  construction  and  of  any  assistants  or  employees  necessarily  employed 
by  or  under  him  in  his  work  as  herein  provided,  and  in  making  the  report  and  spread- 
ing the  assessment  as  by  this  act  required,  and  the  costs  of  all  publications  provided 
to  be  made,  and  any  and  all  other  expenses,  whether  for  material  or  labor,  necessary 
in  the  performance  of  the  duties  of  said  engineer  of  construction,  as  in  this  act  pro- 
vided, shall  be  paid  by  the  county.  But  the  amount  thereof  shall  thereupon  become  a 
charge  upon  the  contractor  and  shall  have  been  repaid  by  him  to  the  county  before 
delivery  of  the  bonds  shall  be  made  by  the  county  treasurer;  provided,  however,  that 
if  said  costs  and  expenses  are  not  paid  within  ten  days  after  notice  given  that  said 
bonds,  excepting  such  number  thereof  as  may  be  withheld  to  satisfy  claims  filed  as 
hereinabove  provided  are  ready  for  delivery,  a  sufficient  number  of  said  bonds  may 
be  sold  at  not  less  than  ninety-five  per  cent  of  their  face  value  to  fully  satisfy  said 
costs  and  expenses,  any  surplus  over  said  costs  and  expenses  obtained  by  such  sale 
to  be  paid  to  said  contractor;  provided,  further,  that  the  county  treasurer  may  make 
delivery  of  such  bonds,  if  there  be  deposited  with  him,  subject  to  the  order  of  the 
board  of  supervisors,  money  to  the  amount  of  the  costs  and  expenses  chargeable  to  the 
contractor  as  the  same  is  stated  in  the  final  oi'der  of  the  board  of  supervisors,  provided 


Act  i::83,  §§  10-23  GENERAL   LAWS.  574 

for  in  section  fifteen  of  this  act;  provided,  further,  that  for  furnishing  plans  and 
specifications  and  posting  and  publishing  the  resolution  of  intention  and  other  notices 
which  have  been  posted  or  published,  the  county  shall  be  liable  in  case  the  proceedings 
cease  or  are  abandoned,  before  the  award  of  the  contract.  The  contractor  and  all 
persons  claiming  under  him  any  interest  in  said  bonds,  whether  of  ownership,  lien  or 
otherwise,  shall  be  deemed  to  have  notice  of  the  contents  of  this  section. 

Publication  in  newspaper. 

§  19.  If  publication  in  the  newsi^aper  or  newspapers  designated  in  the  resolution  of 
intention  become  impossible  for  any  reason,  the  board  of  supervisors  may  by  a  resolu- 
tion to  be  entered  in  its  minutes,  stating  the  facts,  designate  another  newspaper  for 
each  required  publication  as  occasion  therefor  arises. 

Papers  filed  with  clerk  of  hoard. 

§  20.  All  papers  in  a  proceeding  under  this  act  (save  such  as  thereunder  may  be 
returnable  to  owners)  shall  be  filed  with  the  clerk  of  the  board  of  sujDervisors,  and  by 
him  kept  together  in  a  package  appropriately  labeled.  Whenever  in  this  act  the  term 
' '  clerk  of  the  board  of  supervisors ' '  is  employed,  it  shall  be  deemed  to  include  one  who 
is,  ex  officio,  such,  and  it  shall  be  immaterial  that  he  designate  himself  as  county  clerk 
where  the  county  clerk  is  ex  officio  clerk  of  the  board  of  supervisors,  nor  shall  it  be 
material  that  his  act  be  by  deputy. 

Augmenting  other  streams  or  drains. 

§  21.  The  provisions  of  this  act  shall  not  be  so  construed  as  to  permit  waters  to  be 
carried  out  of  their  natural  course  to  augment  other  streams  or  drains,  to  the  damage 
of  the  residents  along  the  banks  of  the  streams  or  drains  so  augmented. 

Securing  rights  of  way. 

§  22.  It  shall  be  the  duty  of  the  engineer  of  construction  where  possible,  to  obtain 
options  on  rights  of  way  necessary  to  the  carrying  out  of  the  plans  and  specifications 
and  to  submit  the  same  to  the  board  of  supervisors  for  ratification.  Whenever  the 
board  of  supervisors  of  any  county  in  which  a  district  is  formed  under  this  act  can 
not  purchase  at  a  reasonable  price  or  procure  the  right  of  way,  or  any  lands  found 
by  them  to  be  necessary  in  order  to  carry  out  the  plans  and  specifications  for  the  pro- 
posed drainage  of  any  such  district,  or  procure  the  consent  of  all  parties  interested 
to  join  or  connect  with  any  existing  ditches  or  outlets,  the  board  may  proceed  to 
condemn  the  same  under  the  provisions  of  title  seven,  part  three  of  the  Code  of  Civil 
Procedure. 

Costs  charge  on  contractor. 

The  costs  of  snch  rights  of  way  or  such  condemnation  proceedings  shall  be  paid  by 
the  county,  but  the  amount  thereof  shall  thereupon  become  a  charge  upon  the  con- 
tractor as  provided  in  section  eighteen  of  this  act. 

Incidental  expenses. 

§  23.  In  all  cases,  when,  after  the  bonds  have  been  issued,  it  is  found  that  the 
contractor  has  failed,  through  error  or  oversight,  to  pay  any  item  of  incidental  expenses, 
the  county  shall  pay  the  same  and  reimburse  itself  from  the  interest  and  sinking  fund. 
Likewise,  when  the  contractor  has  paid  to  the  county  an  amount  more  than  sufficient 
to  cover  the  incidental  expenses,  for  which  bonds  have  been  issued,  the  county  shall 
pay  such  surplus  to  said  interest  and  sinking  fund. 

Advance  by  county  to  pay  interest  or  retire  bonds. 

If,  for  any  reason  whatsoever,  there  be  insufficient  money  in  the  interest  and  sinking 
fund  to  pay  the  interest  or  retire  said  bonds  when  such  interest  or  bonds  become  due 


^'5  DRAINAGE    DISTRICTS.  Act  1283,  §§  24-1:7 

and  payable,  the  county  shall  advance  the  balance  necessary  to  pay  such  interest  or 
retire  such  bonds  becoming  due  at  that  time,  and  shall  reimburse  itself  from  moneys 
paid  into  said  interest  and  sinking  fund. 

Maintenance  of  improvement. 

$  24.  The  engineer  of  construction  shall,  subject  to  the  approval  of  the  board  of 
supeirvisors,  do  all  things  necessary  for  the  proper  maintenance  of  the  improvement. 
The  compensation  of  any  assistants  or  employees  or  the  cost  of  any  material  necessary 
shall  be  payable  out  of  the  maintenance  fund. 

In  a  like  manner  the  engineer  of  construction  shall  maintain  all  existing  drainage 
district  improvements  constructed  under  the  act  of  1903,  being  the  act  referred  to  in 
section  twenty-seven  of  this  act. 

Construction. 

§  25.  This  act  shall  be  liberally  construed  with  a  view  to  promoting  the  objects 
and  purposes  thereof. 

Title. 

§  26.     This  act  shall  be  known  as  the  drainage  district  improvement  act  of  1919,  and 

by  such  designation  shall  be  sufficientij'  identified  in  any  proceeding  thereunder,  and 
whenever  in  the  resolution  of  intention  it  shall  be  set  forth  or  recited  that  the  pro- 
ceeding is  under  the  "drainage  district  improvement  act  of  1919,"  this  act  shall  be 
construed  as  the  paramount  statute  for  such  proceeding. 

Act  Stats.  1903,  p.  354,  repealed.    Alternative  act. 

$  27.  This  act  shall  supersede  and  repeal  an  act  of  the  legislature  of  the  state  of 
California  approved  March  21,  1903,  and  amendments  thereto  entitled  "An  act  to 
promote  the  drainage  of  wet,  swamp  and  overflowed  lands,  and  to  promote  the  public- 
health  in  the  communities  in  which  they  lie";  provided,  however,  that  nothing  con- 
tained herein  shall  operate  to  invalidate  any  proceedings  heretofore  taken  under  the 
provisions  of  said  act  approved  March  21,  1903,  as  amended;  provided,  further,  that 
any  district  formed  vinder  the  provisions  of  the  said  act  of  1903,  but  not  completed  at 
the  time  this  act  takes  effect,  shall  be  completed,  accepted  by  the  board  of  supervisors 
and  bonds  shall  be  issued  in  accordance  with  the  provisions  of  the  said  act  of  1903. 
but  may  be  issued  for  all  the  purposes  specified  in  this  act  including  expenditures 
made  to  procure  rights  of  way  whether  inside  of  such  drainage  district  or  outside 
thereof,  where  the  board  finds  it  necessary  for  such  district,  but  such  district  shall 
thereafter  be  maintained  under  the  provisions  of  section  twenty-four  of  this  act. 
Otherwise  this  act  is  not  intended  to  supersede  or  repeal  any  other  act  for  the  con- 
struction of  work  for  drainage  purposes,  but  is  intended  as  an  independent  and  alter- 
native act  of  the  legislature  of  the  state  of  California. 

See  Act  12S1.  draining-  a  swamp   adjacent  to  such   city,   is 

1.  Construction    of    act    of    1903 — Repug^-  not  a  municipal  affair  althoug-h  tlie  drainage 

nancy. — Upon   a  consideration    of  the   whole  ditches    extend    through    the    city    streets. 

act,   and   the   clear   intention   of   the   legisla-  Van  de  Water  v.  Pridham,  33  Cal.  App.   252. 

ture   it   is   held   that  the   act   should   be  con-  164  Pac.  1136. 

strued  to  provide  for  the   issuance  of  bonds  3.     Drainage    canal. — The    consent    of    the 

to  the  contractor  equal  to  his  bid,  plus  such  legislative  body  of  a  municipality,  whatever 

sum    as    he,    under   the    requirements   of    the  may  be  the  character  of  its  charter,  is  a  pre- 

act,  should  advance  to  cover  Incidental  and  requisite    to    the    extending    of    a    drainage 

preliminary  work,  and  that  the  repugnancy  canal  through  its  streets. — Van  de  Water  v. 

between  the  provisions  of  sections  8d  and  8e  Pridham,  33  Cal.  App.  252,  164  Pac.  1136. 

should  not  be  treated  as  fatal  to  the  validity  4.     Drainagre  canal  through  city  streets. 

ot   the    act. — Van    de    Water    v.    Pridham,    33  An  ordinance  of    the    city    of    Long    Beach, 

Cal.  App.  252,  164  Pac.  1136.  operating  under  a  freeholder  charter  giving 

2.  Construction  of  a  drninaKe  system  to  it  plenary  control  of  all  uses  of  its  streets. 
include  an  incorporated  municipality,  or  a  together  with  all  matters  of  internal  sani- 
portioii   of  its   territory,   for   the   purpoae   of  talion,    authorizing    a    drainage    district    to 


Act  1284,  gg  1, 2  GENERAL   LAWS.  57« 

lay  and  maintain  drainage  canals  through  sumptive  evidence  of  the  existence  of  all 
the  streets  of  the  city,  was  valid,  notwith-  facts  upon  Tvhich  the  power  of  the  board 
standing  certain  conditions  attached  to  the  to  proceed  depends,  including  the  fact  that 
grant  which  were  protective  of  the  public  the  work  is  for  the  public  benefit,  although 
interest  and  germane  to  the  subject  of  the  a  finding  to  that  effect  is  not  expressly  re- 
grant. — Van  de  Water  v.  Pridham,  33  Cal.  quired. — Van  de  Water  v.  Pridham,  33  Cal. 
App.  252,  164  Pac.  1136.  App.  252,  164  Pac.  1136. 

5.     Public  benefit. — The  act  of  1903   is  not  6.     Superseded. — The  act   of  1903   was   not 

void  for  failure  to  provide  that  the  doing  of  superseded  by  the  Los  Angeles  county  flood 

the  work  shall  depend  upon  its  being  a  pub-  control   district   act   of   1915    (Stats.    1915,   p. 

lie    benefit;    besides,    section    4    of    the    act  1502). — Van    de    Water    v.    Pridham,    33    Cal. 

makes    the    determination    of    the    board    to  App.  252,  164  Pac.  1136. 
proceed   with  the   hearing   referred   to   pre- 

DRAINAGE  DISTRICT  ACT  OF  1903. 
ACT  1284 — An  act  to  provide  for  the  organization  and  government  of  drainage  dis- 
tricts, for  the  drainage  of  agricultural  lands  other  than  swamp  and  overflowed  lands, 
and  to  provide  for  the  acctuisition  or  construction  thereby  of  works  for  the  drainage 
of  the  lands  embraced  within  such  districts. 

History:  Approved  March  20,  1903,  Stats.  1903,  p.  291,  Amended 
April  22,  1903.  Stats.  1909,  p.  1061;  June  8,  1915.  In  effect  August  8, 
1915.  Stats.  1915,  p.  1321.  Former  act  of  March  31,  1897,  Stats.  1897, 
p.  334;  amended  March  23,  1901,  Stats.  1901,  p.  554;  repealed  by 
present  act. 

Organization  of  drainage  districts.    Who  can  sign  petition. 

§  1.  Whenever  fifty  or  a  majority  of  the  holders  of  title,  or  evidence  of  title  as 
herein  provided,  to  agricultural  lands  other  than  swamp  and  overflowed  lands,  which 
are  susceptible  of  one  general  mode  of  drainage  by  the  same  system  of  works,  desire 
to  provide  for  the  drainage  of  such  lands,  they  may  propose  the  organization  of  a 
drainage  district  under  the  provisions  of  this  act,  and  when  so  organized,  such  district 
shall  have  the  powers,  rights  and  duties  conferred,  or  which  may  be  conferred  by  law, 
upon  such  drainage  districts.  The  equalized  county  assessment  roll  next  preceding 
the  presentation  of  a  petition  for  the  organization  of  a  drainage  district  under  the 
provisions  of  this  act,  shall  be  sufficient  evidence  of  title  for  the  purposes  of  this  act; 
provided,  that  no  person  who  has  received  or  acquired  title  to  land  within  such  pro- 
posed district  for  the  purpose  of  enabling  him  or  her  to  join  in  such  petition  or  to 
become  an  elector  of  said  district,  shall  be  allowed  to  sign  such  petition  or  to  vote 
at  any  election  to  be  held  in  such  district,  under  the  provisions  of  this  act.  Such 
illegal  signing,  however,  shall  not  invalidate  such  petition  when  there  shall  be  found 
a  sufficient  number  of  other  legal  petitioners. 

Petition  to  board  of  supervisors.     Bond.    Publication. 

§  2.  In  order  to  propose  the  organization  of  a  drainage  district,  a  petition  shall  be 
presented  to  the  board  of  supervisors  of  the  county  in  which  the  lands  within  the 
proposed  district  or  the  greater  portion  thereof,  are  situated,  signed  by  the  required 
number  of  holders  of  title,  or  evidence  of  title,  to  lands  within  such  proposed  district. 
which  petition  shall  set  forth  and  particularly  describe  the  proposed  boundaries  of 
such  district,  and  shall  pray  that  the  same  be  organized  under  the  provisions  of  this 
act.  The  petitioners  must  accompany  the  petition  with  a  good  and  sufficient  bond, 
to  be  approved  by  the  said  board  of  supervisors,  in  double  the  amount  of  the  probable 
cost  of  organizing  such  district,  conditioned  that  the  obligors  will  pay  all  the  costs  in 
case  such  an  organization  will  not  be  effected.  The  petition  shall  be  presented  at  a 
regular  meeting  of  said  board  of  supervisors,  and  shall  have  been  published  for  at 
least  two  weeks  before  such  presentation,  in  some  newspaper  printed  and  published  in 
the  county  where  the  petition  is  presented,  together  with  a  notice  stating  the  date  of 
the  meeting  of  said  board  at  which  the  petition  wiU  be  presented;  and  if  any  portion 


5T7  DRAINAGE    DISTRICTS.  Act  1284,  §§  3-a 

of  the  proposed  district  lies  within  another  county,  or  counties,  then  said  petition  and 
notice  shall  be  likewise  published  in  a  newspaper  printed  and  published  in  each  of 
such  counties. 

Hearing  of  petition. 

§  3.  When  such  petition  is  presented,  the  board  of  supervisors  shall  hear  the  same, 
and  may  adjourn  such  hearing  from  time  to  time  not  exceeding  four  weeks  in  all,  and 
on  the  final  hearing  said  board  shall  make  such  changes  in  the  proposed  boundaries 
as  may  be  deemed  advisable  and  shall  define  and  establish  such  boundaries.  But  said 
board  shall  not  modify  said  boundaries  so  as  to  exclude  from  such  proposed  district 
any  territory  which  is  susceptible  of  drainage  by  the  same  system  of  works  applicable 
to  the  other  lands  in  such  proposed  district;  nor  shall  any  lands  which  will  not,  in 
the  judgment  of  said  board,  be  benefited  by  drainage,  by  means  of  said  system  of  works, 
be  included  within  such  proposed  district.  Any  person  whose  lands  are  susceptible  of 
drainage  by  the  same  system  of  works,  may,  upon  his  application,  in  the  discretion  of 
said  board,  have  such  lands  included  within  said  proposed  district.  Upon  such  hearing 
of  said  petition,  the  board  of  supervisors,  shall  determine  whether  or  not  said  petition 
complies  with  the  requirements  of  sections  one  and  two  of  this  act,  and  for  that  purpose 
must  hear  all  competent  and  relevant  testimony  offered  in  support  or  in  opposition 
thereto.  Such  determination  shall  be  entered  upon  the  minutes  of  said  board  of 
supervisors. 

Right  to  appeal  from  order  of  hoard.    Remittitur. 

§  4.  The  right  of  appeal  from  said  order  to  the  superior  court  of  the  county  where 
said  petition  is  heard,  is  hereby  given  to  any  person  interested,  who  is  a  party  to  the 
record;  provided,  that  if  more  than  one  appeal  be  taken  they  shall  be  consolidated  and 
tried  together.  Such  appeal  shall  be  taken  within  ten  days  after  the  entry  of  such 
order  upon  the  minutes  of  the  board  of  supervisors.  The  appeal  shall  be  taken  and 
heard  in  the  same  manner  as  appeals  from  justices'  courts  to  the  superior  court,  except 
as  herein  otherwise  provided.  Upon  the  appeal,  the  superior  court  may  make  and  enter 
its  judgment  affirming,  modifying,  or  reversing  the  order  appealed  from.  Within  ten 
days  thereafter,  the  superior  court  must  cause  its  remittitur  to  issue  to  said  board  of 
supervisors,  and  if  said  order  of  the  board  of  supervisors  is  modified  or  reversed,  the 
judgment  of  the  superior  court  and  its  remittitur  shall  direct  the  board  of  supervisors 
what  order  it  shall  enter.  Such  remittitur  shall  be  filed  by  the  clerk  of  the  board  of 
supervisors,  and  at  the  first  regular  meeting  of  the  board  thereafter,  it  shall  cause  to 
be  entered  in  its  minutes  the  order  as  directed  by  said  superior  court.  The  appeal 
herein  provided  for  shall  be  heard  and  determined  within  thirty  days  from  the  time 
of  filing  the  notice  of  appeaL 

District  directors. 

§  5.  When,  under  the  provisions  of  the  preceding  sections,  the  boundaries  of  the 
proposed  district  are  defined  and  established,  said  board  shall  make  an  order  dividing 
said  district  into  three  or  five  divisions,  as  nearly  equal  in  size  as  practicable,  which 
divisions  shall  be  numbered  consecutively,  and  one  director  who  shall  be  an  elector 
and  a  resident  freeholder  of  the  division,  shall  be  elected,  as  hereinafter  provided,  by 
each  division;  provided,  that  when  requested  in  the  petition  three  directors  who  shall 
be  residents,  electors  and  freeholders  of  the  district,  shall  be  elected  at  large  by  the 
qualified  electors  of  the  district. 

Election  to  determine  proposed  organization.    Ballots. 

§  6.     Said  board  of  supervisors  shall  then  give  notice  of  an  election  to  be  held  in 
such  proposed  district  for  the  purpose  of  determining  whether  or  not  the  same  shall 
be  organized  under  the  provisions  of  this  act.     Such  notice  shall  designate  a  name  for 
Gen.  Laws — 37 


Act  1284,  §§  7-10  GEXERAL   LAWS.  578 

such  proposed  district,  and  describe  the  boundaries  thereof  and  the  boundaries  of  the 
precincts  established  therein,  when  more  than  one,  togther  Avith  a  designation  of  the 
polling  place  and  board  of  election  for  each  precinct ;  and  said  notice  shall  be  published 
for  at  least  three  weeks  previous  to  such  election,  in  a  newspaper  published  within 
the  county  in  which  the  petition  for  the  organization  of  the  proposed  district  was 
presented;  and  if  any  portion  of  such  proposed  district  is  within  another  county  or 
counties,  then  such  notice  shall  be  published  for  the  same  length  of  time  in  a  news- 
paper published  in  each  of  said  counties.  Such  notice  shall  require  the  electors  to 
east  ballots,  which  shall  contain  the  words  "drainage  district — yes"  or  "drainage 
district — no"  or  words  equivalent  thereto,  and  also  the  names  of  one  or  more  persons 
(according  to  the  divisions  of  the  proposed  district  as  prayed  for  in  the  petition  and 
ordered  by  the  board)  to  be  voted  for  to  fill  the  office  of  director.  Such  election  shall 
be  conducted  as  nearly  as  practicable  in  accordance  with  the  general  election  laws 
of  the  state  but  no  particular  form  of  ballot  shall  be  required. 

Qualification  of  electors. 

§  7.  No  person  shall  be  entitled  to  vote  at  any  election  held  under  the  provisions 
of  this  act  unless  he  possesses  all  the  qualifications  required  of  electors  under  the 
general  election  laws  of  the  state. 

Declaration  of  organization. 

§  8.  The  said  board  of  supervisors  shall,  on  the  first  Monday  succeeding  such  elec- 
tion if  then  in  session,  or  at  its  next  succeeding  general  or  special  session,  proceed  to 
canvass  the  votes  cast  thereat,  and  if  upon  such  canvass  it  appears  that  a  majority  of 
all  the  votes  cast  are  "drainage  district — yes"  the  board  shall  by  an  order  entered 
in  its  minutes,  declare  such  territory  duly  organized  as  a  drainage  district,  under  the 
name  theretofore  designated,  and  shall  declare  the  persons  receiving,  respectively  the 
highest  number  of  votes  for  directors  to  be  duly  elected  to  such  offices.  [Amendment 
approved  April  22,  1909.     Stats.  1909,  p.  1061.] 

Copy  of  order  to  be  recorded. 

§  9.  Said  board  shall  then  cause  a  copy  of  such  order,  duly  certified,  to  be  imme- 
diately filed  for  record  in  the  office  of  the  county  recorder  of  any  county  in  which 
any  portion  of  the  lands  embraced  in  such  district  are  situated,  and  must  also  imme- 
diately forward  a  copy  thereof  to  the  clerk  of  the  board  of  supervisors  of  each  of  said 
last  mentioned  counties  and  no  board  of  supei-visors  of  any  county  in  which  any  portion 
of  the  lands  embraced  in  such  district  are  situated,  shall,  after  the  date  of  the  organi- 
zation thereof,  allow  another  district  to  be  formed  including  any  portion  of  said  lands, 
without  the  consent  of  the  board  of  directors  of  the  district  in  which  they  are  situated. 
From  and  after  such  filing,  the  organization  of  the  district  shall  be  complete. 

Election  may  be  contested. 

§  10.  Such  election  on  organization  may  be  contested  by  any  person  owning  prop- 
erty within  the  proposed  district  liable  to  assessment.  The  directors  elected  at  such 
election  shall  be  made  pai-ties  defendant.  Such  contest  shall  be  brought  in  the  superior 
court  of  the  county  where  the  petition  for  organization  is  filed;  provided,  that  if  more 
than  one  contest  be  pending  they  shall  be  consolidated  and  tried  together.  The  court 
having  jurisdiction  shall  speedily  try  such  contest,  and  determine,  upon  the  hearing, 
whether  the  election  was  fairly  conducted  and  in  substantial  compliance  with  the 
requirements  of  this  act,  and  enter  its  judgment  accoi'dingly.  Such  contest  must  be 
brought  within  twenty  days  after  the  canvass  of  the  vote  and  declaration  of  the  result 
by  the  board  of  supervisors.  The  right  of  appeal  is  hereby  given  to  either  party  to  the 
record  within  thirt)'  days  from  entry  of  judgment.  The  appeal  must  be  heard  and 
determined  by  the  supreme  court  within  sixty  days  from  the  time  of  filing  the  notice 
of  appeal. 


679  DRAINAGE    DISTRICTS.  Act  1284,  §§  11-14 

When  directors  shall  enter  upon  duties. 

$  11.  The  directors  elected  at  the  election  hereinbefore  provided  for  shall  immedi- 
ately enter  upon  their  duties  as  such  upon  qualifying  in  the  manner  herein  provided. 
Said  directors  shall  hold  office  respectively  until  their  successors  are  elected  and 
qualified. 

Teruj  of  ofllce.    President  and  secretary. 

$  12.  The  directors  of  any  district  created  after  the  passage  of  this  act,  on  the  first 
Tuesday  after  their  election,  after  they  shall  have  qualified,  shall  meet  and  classify 
themselves  by  lot  into  two  classes,  as  nearly  equal  in  number  as  possible,  and  tha 
term  of  office  of  the  class  having  the  greater  number  shall  expire  at  the  next  generai 
February  election  in  this  act  provided  for;  and  the  term  of  office  of  the  class  having 
the  lesser  number  shall  terminate  at  the  next  general  February  election  thereafter. 
After  such  classification,  said  directors  shall  organize  as  a  board,  shall  elect  a  president 
from  their  number,  and  appoint  a  secretary,  who  shall  each  hold  office  during  the 
pleasure  of  the  board.  The  salary  of  the  secretary  and  the  amount  of  the  bonds  to 
be  given  by  him  for  the  faithful  performance  of  his  duties  shall  be  fixed  by  the  board 
of  directors. 

Meetings.    Publication  of  financial  statement. 

§  13.  The  board  of  directors  shall  hold  regular  meetings  in  their  office  on  the  first 
Tuesday  in  March,  June,  September  and  December,  and  such  special  meetings  as  may 
be  required  for  the  proper  transaction  of  business;  provided,  that  all  special  meetings 
must  be  ordered  by  a  majority  of  the  board  by  an  order  entered  in  the  minutes  speci- 
fying the  business  to  be  transacted.  Three  days'  notice  to  any  member  not  joining 
in  the  order  must  be  given  by  the  secretary,  and  only  the  business  specified  in  the  order 
must  be  transacted  at  such  special  meeting.  All  maetings  of  the  board  must  be  public, 
and  a  majority  of  members  shall  constitute  a  quorum  for  the  transaction  of  business. 
A  minute  of  all  proceedings  of  the  board  shall  be  kept  by  the  secretary,  and  all  records 
of  the  board  shall  be  open  to  public  inspection  during  business  hours.  The  board  of 
directors  shall,  on  the  first  Tuesday  in  March  of  each  and  every  year,  render,  and 
immediately  thereafter  cause  to  be  published,  a  verified  statement  of  the  financial  con- 
dition of  the  district,  showing  particularly  the  receipts  and  disbursements  of  the  last 
preceding  year,  together  with  the  source  of  such  receipts  and  purpose  of  such  disburse- 
ments. Said  publication  shall  be  made  at  least  once  a  week  for  two  weeks,  in  somft 
paper  published  in  the  county  where  the  office  of  the  board  of  directors  of  such  district 
is  situated. 

Powers  and  duties  of  board  of  directors. 

§  14.  The  board  shall  have  the  power  and  it  shall  be  their  duty,  to  manage  and 
conduct  the  business  and  affairs  of  the  district;  make  and  execute  all  necessary  con- 
tracts; to  adopt  a  seal  for  the  district  to  be  used  in  the  attestation  of  proper  docu- 
ments; provide  for  the  payment,  from  the  proper  fund,  of  all  the  debts  and  just  claims 
against  the  district;  employ  and  appoint  when  necessary,  engineers  to  survey,  plan, 
locate,  and  estimate  the  cost  of  the  works  necessary  for  drainage  and  the  land  needed 
for  right  of  way,  including  drains,  canals,  sluices,  water-gates,  embankments  and 
material  for  construction,  and  to  construct,  maintain,  and  keep  in  repair  all  works 
necessary  for  the  purpose  of  drainage.  The  board  and  its  agents  and  employees  shall 
have  the  right  to  enter  upon  any  land  to  make  surveys,  and  may  locate  the  necessary 
drainage  works  and  the  line  for  any  canals,  sluices,  water-gates  and  embankments, 
and  the  necessaiy  branches  for  the  same,  on  any  lands  which  may  be  deemed  best 
for  such  location.  Said  board  shall  also  have  the  right  to  acquire,  hold  and  possess 
either  by  donation,  purchase  or  condemnation,  any  land  or  other  property,  necessary 


Act  1284»  §§  15-18  GENERAL   LAWS.  880 

for  the  construction,  use,  maintenance,  repair,  and  improvement  of  any  works  required 
for  the  purpose  of  drainage  as  provided  herein.  The  board  may  establish  equitable 
by-laws,  rules  and  regulations  necessary  or  proper  for  carrying  on  the  business  herein 
contemplated,  and  generally  may  perform  all  such  acts  as  shall  be  necessary  to  fully 
carry  out  the  purposes  of  this  act. 

Change  of  boundaries. 

§  15.  The  board  of  directors,  when  they  deem  it  advisable  for  the  best  interests  of 
the  district  and  the  convenience  of  the  electors  thereof,  may  at  any  time,  but  not  less 
than  sixty  days  before  an  election  to  be  held  in  the  district,  change  the  boundaries  of 
the  divisions  and  election  precincts  of  the  district;  provided,  such  changes  shall  be 
made  to  keep  each  division  as  nearly  equal  in  area  and  population  as  may  be  prac- 
ticable. Such  change  of  boundaries  of  the  division  must  be  shown  on  the  minutes  of 
the  board. 

Oondemnation  proceedings. 

$  16.  In  case  of  condemnation  proceedings,  the  board  shall  proceed,  in  the  name 
of  the  district,  under  the  provisions  of  Title  VII,  Part  III,  of  the  Code  of  Civil  Pro- 
cedure, which  said  provisions  are  hereby  made  applicable  for  that  purpose,  and  it  is 
hereby  declared  that  the  use  of  the  property  which  may  be  condemned,  taken,  or 
appropriated  under  the  provisions  of  this  act,  is  a  public  use,  subject  to  regulation  and 
control  of  the  state  in  the  manner  prescribed  by  law. 

Biennial  election  of  directors.    Ofiicial  bond.    Vacancies,  how  filled. 

§  17.  In  each  district  organized  as  herein  provided,  an  election  shall  be  held  on  the 
first  Wednesday  in  February,  nineteen  hundred  and  five,  and  on  the  first  Wednesday 
of  February  of  each  second  year  thereafter,  at  which  a  board  of  directors  for  the 
district,  as  provided  in  section  5  of  this  act,  shall  be  elected.  The  person  receiving 
the  highest  number  of  votes  for  the  office  to  be  filled  at  such  election  is  elected  thereto. 
Within  ten  days  after  receiving  their  respective  certificates  of  election,  each  of  said 
persons  shall  qualify  as  such  by  taking  and  subscribing  the  official  oath  and  filing  a 
bond  as  herein  provided.  Each  director  shall  execute  an  official  bond  in  the  sum  of  one 
thousand  dollars,  which  shall  be  approved  by  the  judge  of  the  superior  court  of  the 
county  where  the  organization  of  the  district  was  effected  and  shall  be  recorded  in 
the  office  of  the  county  recorder  of  such  county,  and  then,  together  with  his  official 
oath,  filed  with  the  secretary  of  the  board  of  directors.  All  official  bonds  herein  pro- 
vided for  shall  be  in  the  form  prescribed  by  law  for  the  official  bonds  of  county  officers. 
If  a  vacancy  shall  occur  in  the  office  of  director  the  same  shall  be  filled  by  appoint- 
ment by  the  supervisors  of  the  county  where  such  district  is  organized.  A  director  so 
appointed  shall  qualify  within  ten  days  after  receiving  notice  of  his  appointment  as  in 
said  act  provided,  if  he  were  elected  to  such  office  and  he  shall  hold  such  office  only 
until  the  next  regular  election  for  said  district  and  until  his  successor  is  elected  and 
qualified. 

Organization  after  election.    Term  of  office. 

§  18.  On  the  first  Tuesday  in  March  next  following  the  election,  the  directors  who 
shall  have  been  elected  at  the  general  February  election,  shall  meet  and  organize  as  a 
board,  elect  a  president  and  appoint  a  secretary,  who  shall  each  hold  office  during  the 
pleasure  of  the  board.  And  the  directors  of  districts  now  organized  who  shall  have 
been  elected  at  the  general  February  election  of  nineteen  hundred  and  five,  shall,  on 
the  first  Tuesday  in  March  next  thereafter,  when  they  meet  to  organize,  first  classify 
themselves  by  lot  into  two  classes  as  nearly  equal  in  number  as  possible.  And  the 
terms  of  office  of  the  class  having  the  greater  number  shall  be  two  years;  and  the  term 
of  office  of  the  lesser  number  shall  be  four  years.     The  full  term  of  office  of  directors 


5S1  DRAINAGE    DISTRICTS.  Act  1384,  §§  19-22 

is  hereby  fixed  at  four  years.  The  office  of  the  board  of  directors  of  any  such  district 
may  be  established  by  said  board  of  directors  at  the  county  seat,  or  at  some  proper  and 
convenient  place  within  the  district,  but  after  the  office  is  once  established  it  shall  not 
be  changed  without  giving  notice  thereof  by  posting  in  three  public  places  in  the  district 
and  by  publishing  a  similar  notice  for  thirty  days  in  some  newspaper  of  general 
circulation  published  in  the  county  where  such  district  is  organized. 

Notice  of  election. 

$  19.  Fifteen  days  before  any  election  held  under  this  act,  subsequent  to  the  organ- 
ization of  any  district,  the  secretary  of  the  board  of  directors  shall  cause  notices  to  be 
posted  in  three  public  places  in  each  election  precinct,  of  the  time  and  place  of  holding 
the  election,  and  shall  also  post  a  similar  notice  of  the  same  in  a  cons^jicuous  place  in 
the  office  of  the  said  board,  specifying  the  polling-places  of  each  precinct,  and  the 
names  of  the  members  of  the  boards  of  election,  for  each  precinct.  Prior  to  the  time 
for  posting  such  notices,  the  board  must  appoint  for  each  precinct,  from  the  electors 
thereof,  one  inspector  and  one  judge  and  one  clerk,  who  shall  constitute  a  board  of 
election  for  such  precinct.  If  the  board  fail  to  appoint  a  board  of  election,  or  the 
members  appointed,  or  any  of  them,  do  not  attend  at  the  opening  of  the  polls  on  the 
morning  of  election,  the  electors  of  the  precinct  present  at  that  hour,  may  appoint 
the  board,  or  supply  the  place  of  an  absent  member  thereof.  The  board  of  directors 
must  in  its  order  appointing  the  board  of  election,  designate  the  place  within  each 
precinct  where  the  election  must  be  held. 

Duty  of  election  board.    Polls  open.    Form  of  ballot. 

§  20.  The  inspector  is  chairman  of  the  election  board,  and  may  administer  all  oaths 
required  in  the  progress  of  an  election;  and  appoint  judges  and  clerks,  if,  during  the 
progress  of  the  election,  any  judge  or  clerk  cease  to  act.  Any  member  of  the  board  of 
election,  or  any  clerk  thereof,  may  administer  and  certify  oaths  required  to  be  admin- 
istered during  the  progress  of  an  election.  The  board  of  election  for  each  precinct 
must,  before  opening  the  polls,  appoint  two  persons  to  act  as  clerks  of  the  election. 
Before  opening  the  polls,  each  member  of  the  board  and  each  clerk  must  take  and  sub- 
scribe an  oath  to  faithfully  perform  the  duties  imposed  upon  them  by  law.  Any  elector 
of  the  precinct  may  administer  and  certify  such  oath.  The  polls  must  be  open  at 
9  o'clock  a.  m.,  and  be  kept  open  until  4:00  p.  m.,  when  the  same  must  be  closed.  The 
provisions  of  the  general  election  laws  concerning  the  form  of  ballots  to  be  used  shall 
not  apply  to  elections  held  under  this  act. 

General  election  laws  to  govern. 

$  21.  Voting  may  commence  as  soon  as  the  polls  are  opened,  and  may  be  continued 
during  all  the  time  the  polls  remain  opened,  and  shall  be  conducted,  as  nearly  as 
practicable,  in  accordance  with  the  provisions  of  the  general  election  laws  in  this  state. 

Election  returns. 

$  22.  As  soon  as  all  the  votes  are  read  off  and  counted,  a  certificate  shall  be  drawn 
up  on  each  of  the  papers  containing  the  poll  list  and  tallies,  or  attached  thereto,  stating 
the  number  of  votes  each  one  voted  for  has  received,  and  designating  the  office  to  fill 
which  he  was  voted  for,  which  number  shall  be  written  in  figures  and  in  words  at  full 
length.  Each  certificate  shall  be  signed  by  the  clerk,  judge  and  the  inspector.  One  of 
said  certificates  with  the  poll  list  and  the  tally  paper  to  which  it  is  attached,  shall  be 
retained  by  the  inspector,  and  preserved  by  him  at  least  six  months.  The  ballots  shall 
be  strung  upon  a  cord  or  thread  by  the  inspector,  during  the  counting  thereof,  in  the 
order  in  which  they  are  entered  upon  the  tally  list  by  the  clerks;  and  said  ballots 
together  Avith  the  other  of  said  certificates,  with  the  poll  list  and  tally  paper  to  which 
it  is  attached,  shall  be  sealed  by  the  inspector  in  the  presence  of  the  judges  and  clerks, 


Act  12S4,  8§  23-20  GKIVERAL,   I..VWS.  68:: 

and  indorsed  "Election  returns  of  (naming  the  precinct)  precinct"  and  be  directed 
to  the  secretary  of  the  board  of  directors  and  shall  be  immediately  delivered  by  the 
inspector,  or  by  some  other  safe  and  responsible  carrier  designated  by  said  inspector, 
to  said  secretary,  and  the  ballots  shall  be  kept  unopened  for  at  least  six  months,  and 
if  any  person  be  of  the  opinion  that  the  vote  of  any  precinct  has  not  been  correctly 
counted,  he  may  appear  on  the  day  appointed  for  the  board  of  directors  to  open  and 
canvass  the  returns  and  demand  a  recount  of  the  vote  of  the  precinct  that  is  so  claimed 
to  have  been  incorrectly  counted. 

Canvass  of  returns. 

\S  23.  No  list,  tally  paper,  or  certificate  from  any  election,  shall  be  set  aside  or 
rejected  for  want  of  form  if  it  can  be  satisfactorily  understood.  The  board  of  dii'ectors 
must  meet  at  its  usual  place  of  meeting  on  the  first  Monday  after  each  election  to 
canvass  the  returns.  If,  at  the  time  of  meeting,  the  returns  from  each  precinct  in  the 
district  in  which  the  polls  were  opened  have  been  received,  the  board  of  directors  must 
then  and  there  proceed  to  canvass  the  returns;  but  if  all  the  returns  have  not  been 
received,  the  canvass  must  be  postponed  from  day  to  day  until  the  returns  have  been 
received,  or  until  six  postponements  have  been  had.  The  canvass  must  be  made  in 
public  and  by  opening  the  returns  and  estimating  the  vote  of  the  district  for  each 
person  voted  for  and  declaring  the  result  thereof. 

Statement  of  result. 

§  24.  The  secretary  of  the  board  of  directors,  must,  as  soon  as  the  result  is  declared, 
enter  in  the  records  of  such  board,  a  statement  of  such  result,  which  statement  must 
show;  (a)  the  whole  number  of  votes  cast  in  the  district  and  in  each  precinct  thereof 
if  there  be  more  than  one  precinct;  (b)  the  names  of  the  persons  voted  for;  (c)  the 
office  to  fill  which  each  person  was  voted  for;  (d)  the  number  of  votes  given  in  each 
precinct  to  each  of  such  persons;  (e)  the  number  of  votes  given  in  each  division  for 
the  office  of  director.  The  board  of  directors  must  declare  elected  the  persons  having 
the  highest  number  of  votes  given  for  each  office.  The  secretary  must  immediately 
make  out  and  deliver  to  such  person  a  certificate  of  election,  signed  by  him,  and 
authenticated  with  the  seal  of  the  board. 

Number  of  directors  may  be  changed. 

$  25.  In  any  district  the  board  of  directors  thereof  may,  upon  the  presentation  of  a 
petition  therefor,  by  a  majority  of  the  holders  of  title,  or  evidence  of  title,  of  said  dis- 
trict, evidenced  as  above  provided,  order  that  on  and  after  the  next  ensuing  general 
election  for  the  district,  there  shall  be  either  three  or  five  directors,  as  said  board  may 
order,  and  they  shall  be  elected,  by  the  district  at  large,  or  by  divisions,  as  so  petitioned 
and  ordered;  and  after  such  order  such  directors  shall  be  so  elected. 

Title  to  property  shall  vest  in  district. 

§  26.  The  legal  title  to  all  property  acquired  under  the  provisions  of  this  act  shall 
immediately  and  by  operation  of  law  vest  in  such  drainage  district,  and  shall  be  held 
by  such  district  in  trust  for  and  is  hereby  dedicated  and  set  apart  to  the  uses  and  pur- 
poses set  forth  in  this  act.  And  said  board  is  hereby  authorized  and  empowered  to  hold, 
use,  acquire,  manage,  occupy,  and  possess  said  property  as  herein  provided.  The  said 
board  is  hereby  authorized  and  empowered  to  take  conveyances  or  other  assurances 
for  all  property  acquired  by  it  under  the  provisions  of  this  act,  in  the  name  of  such 
drainage  district,  to  and  for  the  uses  and  purposes  herein  expressed,  and  to  institute 
and  maintain  any  and  all  actions  and  proceedings,  suits  at  law  or  in  equity,  necessary 
or  proper  in  order  to  fully  carry  out  the  provisions  of  this  act,  or  to  enforce,  maintain, 
protect,  or  preserve  any  and  all  rights,  privileges  and  immunities  created  by  this  act, 
or  acquired  in  pursuance  thereof.    And  in  all  courts,  actions,  suits,  or  proceedings,  the 


583  -  DRAINAGE    DISTRICTS.  Act  1284.  §g  27. 28 

said  board  may  sue,  appear,  and  defend  in  person  or  by  attorneys,  and  in  the  name 
of  such  drainage  district. 

Provisions  for  bond  election.    Ballots. 

§  27.  For  the  purpose  of  constructing  necessary  conduits,  drains,  sluices,  water- 
gates,  embankments  and  all  works  necessary  for  the  purpose  of  drainage,  and  acquiring 
the  necessary  property  and  rights  therefor,  and  otherwise  canning  out  the  provisions 
of  this  act,  the  board  of  directors  of  any  such  district  must,  as  soon  after  such  district 
has  been  organized  as  may  be  practicable,  and  also  whenever  thereafter  the  construc- 
tion fund  has  been  exhausted  by  expenditures  as  herein  authorized  therefrom,  and  it 
is  necessary  to  raise  additional  money  for  said  purposes,  estimate  and  determine  the 
amount  of  money  necessary  to  be  raised.  And  thereafter  said  board  shall  immediately 
call  a  special  election,  at  which  shall  be  submitted  to  the  electors  of  such  district  the 
question  whether  or  not  the  bonds  of  said  district  shall  be  issued  in  the  amount  so 
determined.  Notice  of  such  election  must  be  given  by  posting  notices  in  three  public 
places  in  each  election  precinct  in  said  district  for  at  least  twenty  days,  and  also  by 
publication  of  such  notice  in  some  newspaper  published  in  the  county  where  the  office 
of  the  board  of  directors  of  such  district  is  required  to  be  kept,  once  a  week  for  at  least 
three  successive  weeks.  Such  notices  must  specify  the  time  of  holding  the  election, 
the  amount  of  bonds  proposed  to  be  issued;  and  said  election  must  be  held  and  the 
result  thereof  determined  and  declared  in  all  respects  as  nearly  as  practicable  in  con- 
formity with  the  provisions  of  this  act  governing  the  election  of  officers ;  provided,  that 
ho  infoi-malities  in  conducting  such  an  election  shall  invalidate  the  same,  if  the  election 
shall  have  been  otherwise  fairly  conducted.  At  such  election  the  ballots  shall  contain 
the  words  "Bonds — Yes"  or  "Bonds — No,"  or  words  equivalent  thereto.  If  a  majority 
of  the  votes  cast  are  "Bonds — Yes,"  the  board  of  directors  shall  cause  bonds  in  said 
amount  to  be  issued;  if  a  majority  of  the  votes  cast  at  any  bond  election  are  "Bonds — 
No,"  the  result  of  such  election  shall  be  so  declared  and  entered  of  record.  Whenever 
thereafter,  a  petition  of  the  character  hereinbefore  provided  for  in  this  section,  is 
presented  to  the  board,  it  shall  so  declare  of  record  in  its  minutes,  and  shall  thereupon 
submit  such  questions  to  said  electors  in  the  same  manner  and  with  like  effect  as  at 
such  previous  election. 

Drainage  district  bonds  payable  in  ten  series.    Interest.    Denomination.    Coupons. 

§  28.  All  bonds  issued  under  the  provisions  of  this  act  shall  be  payable  in  gold  coin 
of  the  United  States,  in  ten  series  as  follows,  to  wit :  On  the  iirst  day  of  January,  after 
the  expiration  of  eleven  years,  five  per  cent  of  the  whole  number  of  said  bonds;  on  the 
first  day  of  January  after  the  expiration  of  twelve  years,  six  per  cent;  on  the  first  day 
of  Januai-y  after  the  expiration  of  thirteen  years,  seven  per  cent;  on  the  first  day  of 
January  after  the  expiration  of  fourteen  years,  eight  per  cent;  on  the  fiorst  day  of  Jan- 
uary after  the  expiration  of  fifteen  years,  nine  per  cent;  on  the  first  day  of  January 
after  the  expiration  of  sixteen  years,  ten  per  cent;  on  the  first  day  of  January  after 
the  expiration  of  seventeen  years,  eleven  per  cent;  on  the  first  day  of  January  after  the 
exim-ation  of  eighteen  years,  thirteen  per  cent;  on  the  first  day  of  January  after  the 
expiration  of  nineteen  years,  fifteen  per  cent;  and  on  the  fii'st  day  of  January  after 
the  expiration  of  twenty  years,  sixteen  per  cent;  that  the  several  enumerated  percent- 
ages being  of  the  entire  amount  of  the  bond  issue,  but  each  bond  must  be  made  payable 
at  a  given  time  for  its  entire  amount  and  not  for  a  percentage.  Said  bonds  shall  bear 
interest  at  the  rate  of  six  per  cent  per  annum,  payable  semiannuallj',  on  the  first  day 
of  January  and  July  of  each  year.  The  principal  and  interest  shall  be  payable  at  the 
place  designated  therein.  Said  bonds  shall  be  each  of  the  denomination  of  not  less 
than  one  hundred  dollars  nor  more  than  five  hundred  dollars;  shall  be  negotiable  in 
form,  signed  by  the  president  and  secretary,  and  the  seal  of  the  board  of  directors  shall 
be  affixed  and  the  bonds  of  each  issue  shall  be  numbered  consecutively,  and  bear  date 


Act  1284,  88  29-31  GENERAL   LAWS.  584 

at  the  time  of  their  issue.  Coupons  for  the  interest  shall  be  attached  to  each  bond, 
sij^ned  by  the  secretary.  Said  bonds  shall  express  on  their  face  that  they  were  signed 
by  authority  of  this  act,  stating  its  title  and  date  of  approval,  and  shall  also  so  state 
the  number  of  the  issue  of  which  such  bonds  are  a  part.  The  secretary  shall  keep  a 
record  of  the  bonds  sold,  their  number,  the  date  of  sale,  the  price  received,  and  the 
name  of  the  purchaser.  [Amendment  of  June  8,  1915.  In  effect  August  8, 1915.  Stats. 
1915,  p.  1321.] 

Sale  of  bonds. 

§  29.  The  board  may  sell  bonds  from  time  to  time  in  such  quantities  as  may  be 
necessary  and  most  advantageous,  to  raise  money  for  the  construction  of  said  drains 
and  works,  the  acquisition  of  said  property  and  rights,  and  otherwise  to  fully  carry 
out  the  objects  and  purposes  of  this  act.  Before  making  any  sale  the  board  shall,  at 
a  meeting,  by  resolution,  declare  its  intention  to  sell  a  specified  amount  of  the  bonds, 
and  the  day  and  hour  and  place  of  such  sale,  and  shall  cause  such  resolution  to  be 
entered  in  the  minutes,  and  notice  of  the  sale  to  be  given,  by  publication  thereof  at 
least  three  weeks  in  some  newspaper  published  in  the  county  where  the  office  of  the 
board  of  directors  is  located,  and  in  any  other  newspaper,  at  its  discretion.  The  notice 
shall  state  that  sealed  proposals  will  be  received  by  the  board  at  their  office,  for  the 
purchase  of  bonds,  till  the  day  and  hour  named  in  the  resolution.  At  the  time  appointed 
the  board  shall  open  the  proposals,  and  award  the  purchase  of  the  bonds  to  the  highest 
responsible  bidder;  provided,  however,  that  they  may  reject  all  bids.  Said  board  shall 
in  no  event  sell  any  of  the  said  bonds  for  less  than  the  par  value  thereof. 

Bonds  shall  be  lien  upon  property  of  district. 

§  30.  Any  bonds  issued  under  the  provisions  of  this  act,  shall  be  a  lien  upon  the 
property  of  the  district  and  the  lien  for  the  bonds  of  any  issue  shall  be  a  preferred 
lien  to  that  of  any  subsequent  issue.  Said  bonds,  and  the  interest  thereon,  shall  be  paid 
by  revenue  derived  from  an  annual  assessment  upon  the  real  property  of  the  district; 
and  all  the  real  property  in  the  district  shall  be  and  remain  liable  to  be  assessed  for 
such  payments  as  hereinafter  provided. 

Assessment  shall  be  submitted  to  people.    Election.    Ballots. 

$  31.  In  case  the  money  raised  by  the  sale  of  bonds  be  insufficient  or  in  case  the 
bonds  be  unavailable  for  the  completion  of  the  plan  of  drainage  and  works  adopted, 
and  additional  bonds  be  not  voted,  it  shall  be  the  duty  of  the  board  of  directors  to 
provide  for  the  completion  of  said  plan  by  levy  of  assessments  therefor;  provided, 
however,  that  such  levy  of  assessments  shall  not  be  made  except  first  an  estimate  of 
the  amount  required  for  such  purposes  has  been  made  by  said  board,  and  the  question 
as  to  the  making  of  said  levy  submitted  to  a  vote  of  the  electors  of  the  district.  Before 
such  question  is  submitted,  the  order  of  submission  shall  be  entered  in  the  minutes  of 
the  board,  stating  the  amount  to  be  levied  and  the  purpose  therefor,  and  if  submitted 
at  a  special  election  said  order  shall,  in  addition,  fix  the  day  of  election.  Notice  of  such 
election  must  be  given  by  posting  notices  in  three  public  places  in  each  election  precinct 
in  said  district  for  at  least  twenty  days,  and  also  by  publication  of  such  notice  in  some 
newspaper  published  in  the  county  where  the  office  of  the  board  of  directors  of  such 
district  is  required  to  be  kept,  once  a  week  for  at  least  three  successive  weeks.  Such 
notices  must  specify  the  time  of  holding  the  election,  and  the  amount  of  assessment 
proposed  to  be  levied.  Said  election  must  be  held  and  the  result  thereof  determined 
and  declared  in  all  respects  as  nearly  as  practicable  in  conformity  with  the  provisions 
of  this  act  governing  the  election  of  officers;  provided,  that  no  informalities  in  con- 
ducting such  an  election  shall  invalidate  the  same,  if  the  election  shall  have  been  other- 
wise fairly  conducted.  At  such  election  the  ballots  shall  contain  the  words  "Assess- 
ment — Yes,"  or  "Assessment — No,"  or  words  equivalent  thereto.    If  a  majority  of  the 


5S5  DRAINAGE    DISTRICTS.  Act  1284, 8§  te-35 

votes  cast  are  "Assessment — Yes,"  the  board  of  directors  shall  proceed  in  the  manned 
prescribed  in  sections  40-43  herein  provided  for  raising  funds  for  the  annual  require- 
ments; if  a  majority  of  the  votes  cast  are  "Assessment — No,"  the  result  of  such 
election  shall  be  so  declared  and  entered  of  record. 

Refunding  indebtedness. 

§  32.  Whenever  a  district  organized  under  the  provisions  of  this  act,  has  outstanding 
bonds,  coupons,  or  other  evidences  of  indebtedness,  the  payments  thereof  may  be 
provided  for  by  the  issuance  of  new  bonds,  in  the  manner  hereinafter  prescribed. 

Petition  to  fund  indebtedness. 

§  33.  In  order  to  propose  the  funding  of  such  bonds,  coupons,  or  other  evidences 
of  indebtedness  a  petition  shall  be  presented  to  the  board  of  directors  of  such  drainage 
district,  signed  by  a  majority  in  number  of  holders  of  title  or  evidence  of  title  to  real 
property  in  such  district,  which  petition  shall  set  forth  the  amount  of  bonds,  coupons, 
or  other  evidences  of  indebtedness  proposed  to  be  funded,  together  with  a  general 
description  of  same,  also  the  total  amount  of  the  bonds  sought  to  be  issued  (provided, 
that  said  amount  shall  in  no  case  be  greater  than  the  total  amount  of  bonds,  coupons, 
and  other  evidences  of  indebtedness  then  outstanding  and  sought  to  have  funded), 
together  with  a  full  and  complete  statement  of  the  purposes  for  which  such  bonds  are 
to  be  used.  On  presentation  of  such  petition,  the  same  shall  be  entered  in  full  on  the 
minutes  of  the  board. 

Special  election.    Ballots. 

§  34.  Immediately  after  the  recording  of  said  petition,  the  board  shall  call  a  special 
election,  at  which  shall  be  submitted  to  the  electors  of  such  distiiet  the  question 
whether  or  not  the  bonds  of  such  district  in  the  amount  set  forth  in  said  petition  shall 
be  issued.  Notice  of  such  election  must  be  given  by  posting  notices  in  three  public 
places  in  each  election  precinct  in  said  district  for  at  least  twenty  days,  and  also  by 
publication  of  such  notice  in  some  newspaper  published  in  the  county  where  the  office 
of  the  board  of  directors  of  such  district  is  required  to  be  kept,  once  a  week  for  at 
least  three  successive  weeks  before  such  election.  Such  notice  must  specify  the  time 
of  holding  the  election,  the  amount  of  bonds  proposed  to  be  issued,  the  amount  of  bonds, 
coupons  or  other  evidences  of  indebtedness  proposed  to  be  funded,  together  with  a 
general  description  of  the  same.  Said  election  shall  be  held  and  the  result  thereof 
detei'mined  and  declared  in  all  respects  as  nearly  as  practicable  in  conformity  with 
the  provisions  governing  the  election  of  officers;  provided,  that  no  informalities  in  con- 
ducting such  an  election  shall  invalidate  the  same,  if  the  election  shall  have  been  other- 
wise fairly  conducted.  At  such  election,  the  ballots  shall  contain  the  words  "Bonds — 
Yes"  or  "Bonds — No"  or  words  equivalent  thereto.  If  two-thirds  of  the  votes  cast 
are  "Bonds — Yes"  the  board  of  directors  shall  cause  bonds  in  said  amount  to  be  issued. 
If  more  than  one-third  of  the  votes  cast  at  such  election  are  "Bonds — No,"  the  result 
of  such  election  shall  be  so  declared.  The  result  in  either  case  shall  be  duly  entered 
of  record. 

When  payable. 

§  35.  If  said  bonds  are  directed  to  be  issued  as  herein  provided  for  the  board  of 
directors  shall  cause  the  same  to  be  issued.  Said  bonds  shall  be  made  payable  in  gold 
coin  of  the  United  States,  in  twenty  series,  as  follows,  to  wit:  On  the  fii'st  day  of 
January  after  the  expiration  of  twenty  years,  five  per  cent  of  the  whole  amount  of  said 
bonds,  and  on  the  first  day  of  January  of  each  year  thereafter,  an  equal  amount  of 
such  bonds  until  all  shall  have  been  finally  paid;  that  is,  five  per  cent  of  the  whole 
issue  of  bonds — not  five  per  cent  of  each  bond,  each  being  wholly  payable  when  due. 
Said  bonds  shall  bear  interest  at  the  rate  of  six  per  cent  per  annum,  payable  semv 


Act  12S1,  §§  3G-40  GENERAL,  LAM'S.  586 

annually  on  the  first  day  of  January  and  July  of  each  year.  They  shall  be  negotiable 
in  form,  and  shall  be  of  denominations  of  not  less  than  one  hundred  dollars  nor  more 
than  five  hundred  dollars.  Said  bonds  shall  in  all  respects  conform  to  the  form  of  bonds 
prescribed  hereinbefore.  [Amendment  of  June  8,  1915.  In  effect  August  8,  1915. 
Stats.  1915,  p.  1322.] 

Value  of  bonds. 

§  36.  It  shall  be  unlawful  to  sell  or  exchange  any  of  the  bonds  as  herein  provided 
for  less  than  their  par  value. 

Duty  of  county  treasurer. 

^  37.  When  bonds  issued  under  section  35  of  this  act  shall  be  duly  executed,  they 
shall  be  deposited  with  the  treasurer  of  the  county  wherein  the  district  was  organized, 
who  is  hereby  authorized  and  charged  with  the  duty  of  receiving  the  same,  and  his 
receipt  shall  be  taken  therefor,  and  he  shall  be  charged  with  the  same  on  his  official 
bond,  and  shall  have  no  power  to  deliver  the  same  in  exchange  for  any  bonds  or 
indebtedness  proposed  to  be  funded  until  the  bonds  or  evidence  of  indebtedness  pro- 
posed to  be  funded  shall  have  been  surrendered  to  him,  and  he  shall  have  been  ordered 
by  the  board  of  directors  of  the  district,  by  an  order  duly  entered  on  their  records  to 
make  such  delivery.  When  such  bonds  have  been  exchanged  for  other  bonds,  coupons, 
or  other  evidences  of  indebtedness,  the  said  treasurer  shall  at  once  cancel  such  other 
bonds,  coupons,  or  other  evidences  of  indebtedness  by  writing  across  the  face  thereof 
"Canceled"  and  the  date  of  cancellation,  and  report  the  same  with  his  next  regular 
report  hereinafter  provided  for  to  the  board  of  directors  of  the  district  designating  the 
bond,  coupon,  or  other  evidence  of  indebtedness,  so  that  it  can  be  identified,  the  date 
of  cancellation,  and  the  person  from  whom  it  was  received,  together  with  the  amount 
paid  therefor,  or  the  terms  of  exchange,  in  ease  there  is  an  exchange. 

Bonds  may  be  sold  from  time  to  time. 

^  38.  When  said  bonds  are  issued  for  the  purpose  of  sale  to  the  highest  bidder,  the 
board  may  sell  said  bonds  from  time  to  time,  in  such  quantities  as  may  be  necessary 
and  most  advantageous,  to  raise  money  to  pay  bonds,  coupons,  or  other  evidences  of 
indebtedness  of  the  district  which  were  outstanding  at  the  time  of  the  filing  of  said 
petition,  and  generally  described  therein.  Resolution  of  intention  must  be  declared, 
and  notice  given,  and  the  sale  conducted  in  the  manner  prescribed  in  section  29  of  this 
act  for  the  sale  of  original  bonds.  Said  bonds  shall  in  no  event  be  sold  for  less  than 
their  par  value  including  accrued  interest.  All  moneys  realized  from  the  sale  of  bonds, 
issued  under  the  provisions  of  this  section,  shall  be  paid  into  the  hands  of  the  said 
treasurer,  and  by  him  kept  in  a  separate  fund,  known  as  the  funding  fund,  and  shall 
be  applied  exclusively  to  the  payment  of  bonds,  coupons,  or  other  evidences  of  indebted- 
ness of  the  district  outstanding  at  the  time  of  filing  of  the  said  petition,  and  described 
therein. 

Bonds  may  be  exchanged.    Conditions. 

§  39.  The  bonds  issued  as  herein  provided  for  may  be  exchanged,  at  not  less  than 
their  par  value,  including  accrued  interest,  for  any  of  the  indebtedness  set  out  and 
described  in  the  notice  of  the  election  authorizing  the  issuance  of  said  refunding  bond. 
A  contract  for  such  exchange  may  be  made  by  the  board  of  directors  upon  such  terms 
as  said  board  may  deem  advisable;  provided,  that  they  must  receive  not  less  than  par 
value  for  the  bonds  so  exchanged. 

Directors  shall  furnish  estimate  of  moneys  needed. 

^  40.  The  board  of  directors  must,  on  or  before  the  first  meeting  of  the  board  of 
supervisors  in  September  of  each  year,  furnish  the  supervisors  and  the  auditor  of  the 


587  DRAINAGE    DISTRICTS.  Act  1284,  §§  41-45 

count}'^  wherein  tlie  district  is  situated,  or  if  such  district  is  not  entirely  within  one 
county,  then  as  hereinafter  provided,  to  the  supervisors  and  auditors  of  each  county  in 
which  any  portion  of  the  district  is  situated,  an  estimate  in  writing  of  the  amount  of 
money  needed  for  the  purposes  of  the  district  for  the  ensuing  fiscal  year.  This  amount 
must  be  sufficient  to  raise  the  annual  interest  on  the  outstanding  bonds,  to  pay  the 
estimated  cost  of  repairs,  the  incidental  expenses  of  the  district,  and  in  any  year  in 
which  any  bonds  shall  fall  due,  an  amount  suflScient  to  pay  the  principal  of  the 
outstanding  bonds  as  they  mature. 

When  district  is  in  more  than  one  county. 

$  41.  If  such  district  is  in  more  than  one  county  the  total  estimate  as  provided  for 
in  the  preceding  section  shall  be  divided  by  the  board  of  directors  in  proportion  to 
value  of  the  real  property  of  the  district  in  each  county.  The  value  must  be  determined 
from  the  equalized  values  of  the  last  assessment-rolls  of  such  counties.  When  such 
division  of  the  estimate  has  been  made,  the  board  shall  furnish  the  supervisors  and 
auditors  of  the  respective  counties  a  written  statement  of  that  part  of  the  estimate 
apportioned  to  that  county. 

Drainage  district  tax  levy. 

§  42.  The  board  of  supervisors  of  each  county  wherein  is  sitiiated  a  district  or  any 
part  thereof  organized  under  the  provisions  of  this  act,  must,  annually,  at  the  time  of 

levying  county  taxes,  levy  a  tax  to  be  known  as  the  " (name  of  district)  drainage 

district  tax,"  sufficient  to  raise  an  amount  reported  to  them  as  herein  provided,  by 
the  board  of  directors.  The  supervisors  must  determine  the  rate  of  such  tax  by  deduct- 
ing fifteen  per  cent  for  anticipated  delinquencies  from  the  total  assessed  value  of  the 
real  property  of  the  district  within  the  county  as  it  appears  on  the  assessment-roll  of 
the  county,  and  then  dividing  the  sum  reported  by  the  board  of  directors  as  required 
to  be  raised  by  the  remainder  of  such  total  assessed  value. 

Duty  of  auditor. 

§  43.  The  tax  so  levied  shall  be  computed  and  entered  on  the  assessment-roll  by  the 
county  auditor,  and  if  the  supervisors  fail  to  levy  the  tax  as  provided  in  the  preceding 
section,  then  the  auditor  must  do  so.  Such  tax  shall  be  collected  at  the  same  time  and 
in  the  same  manner  as  state  and  county  taxes,  and  when  collected  shall  be  paid  into 
the  county  treasury  for  the  use  of  said  district. 

General  revenue  laws  govern. 

$  44.  The  provisions  of  the  Political  Code  of  this  state  prescribing  the  manner  of 
levying  and  collecting  taxes  and  the  duties  of  the  several  county  officers  with  respect 
thereto,  are,  so  far  as  they  are  applicable  and  not  in  conflict  with  the  specific  provi- 
sions of  this  act,  hereby  adopted  and  made  a  part  hereof.  Such  officers  shall  be  liable 
upon  their  several  official  bonds  for  the  faithful  discharge  of  the  duties  imposed  upon 
them  by  this  act. 

What  treasury  shall  be  repository. 

^  45.  If  the  district  is  in  more  than  one  county,  the  treasury  of  the  county  wherein 
the  district  was  organized  shall  be  the  repository  of  all  the  funds  of  the  district.  For 
this  puipose  the  treasurers  of  any  other  counties  wherein  is  situated  a  portion  of  said 
district,  must,  at  any  time,  not  oftener  than  twice  each  year,  upon  the  order  of  the 
board  of  directors,  settle  with  said  board  and  pay  over  to  the  treasurer  of  the  county 
where  the  district  was  organized,  all  moneys  in  their  possession  belonging  to  the  district. 
Said  last-named  treasurer  is  authorized  and  required  to  receive  and  receipt  for  the 
same,  and  to  place  the  same  to  the  credit  of  the  district.  He  shall  be  responsible  upon 
his  official  bond  for  the  safekeeping  and  disbursement,  in  the  manner  herein  provided, 
of  these  and  all  other  monevs  of  the  district  held  bv  him. 


Act  1284,  §§  46-50  GENERAL   LAWS.  888 

iVames  of  funds. 

§  4G.  The  following  funds  are  hereby  created  and  established,  to  which  the  moneys 
properly  belonging  shall  be  apportioned  by  the  treasurer,  to  wit:  Bond  fund,  construc- 
tion fund,  general  fund,  funding  fund. 

Treasurer's  reports. 

$  47.  The  treasurer  shall  pay  out  of  the  same  only  upon  warrants  of  the  board  of 
directors,  signed  by  the  president  and  attested  by  the  secretary.  The  treasurer  shall 
report  in  writing  at  each  regular  meeting  of  the  board  of  directors  and  as  often  there- 
after as  requested  by  the  board,  the  amount  of  money  in  the  fund,  the  amount  of 
receipts  since  his  last  report,  and  the  amounts  paid  out;  such  reports  shall  be  verified 
and  filed  with  the  secretary  of  the  board. 

Redemption  of  bonds. 

§  48.  Upon  the  presentation  of  the  coupons  due,  to  the  treasurer,  he  shall  pay  the 
same  from  the  bond  fund.  Whenever  said  fund  shall  amount  to  the  sum  of  ten  thousand 
dollars  in  excess  of  an  amount  sufficient  to  meet  the  interest  coupons  due,  the  board 
of  directors  may  direct  the  treasurer  to  pay  such  an  amount  of  said  bonds  not  due  as 
the  money  in  said  fund  will  redeem,  at  the  lowest  value  at  which  they  may  be  offered 
for  liquidation,  after  advertising  in  the  manner  hereinbefore  provided  for  the  sale  of 
bonds,  for  sealed  proposals  for  the  redemption  of  said  bonds.  Said  proposals  shall  be 
opened  by  the  board  in  open  meeting,  at  a  time  to  be  named  in  the  notice,  and  the 
lowest  bid  for  said  bonds  must  be  accepted;  provided,  that  no  bond  shall  be  redeemed 
at  a  rate  above  par.  In  case  the  bids  are  equal,  the  lowest  numbered  bond  shall  have 
the  preference.  In  case  none  of  the  holders  of  said  bonds  shall  desire  to  have  the  same 
redeemed,  as  herein  provided  for,  said  money  shall  be  invested  by  the  treasurer,  under 
the  direction  of  the  board,  in  United  States  bonds,  or  the  bonds  of  the  state,  which  shall 
be  kept  in  said  "bond  fund"  and  may  be  used  to  redeem  said  disti'ict  bonds  whenever 
the  holders  thereof  may  desire. 

Bids  for  construction  of  work. 

§  49.  After  adopting  a  plan  for  such  conduits,  drains,  pumping  plants,  water-gates 
and  other  works  as  in  this  act  provided  for,  the  board  of  directors  shall  give  notice  by 
publication  thereof  not  less  than  twenty  days  in  one  newspaper  published  in  each  of  the 
counties  composing  the  district  (provided,  a  newspaper  is  published  therein)  and  in 
such  other  newspapers  as  they  may  deem  advisable,  calling  for  bids  for  the  construction 
of  such  work,  or  of  any  portion  thereof;  if  less  than  the  whole  work  is  advertised, 
then  the  portion  so  advertised  must  be  particularly  described  in  such  notice.  Said 
notice  shall  set  forth  that  plans  and  si^ecifications  can  be  seen  at  the  office  of  the 
board,  and  that  the  board  will  receive  sealed  proposals  therefor,  and  that  the  contract 
will  be  let  to  the  lowest  responsible  bidder,  stating  the  time  and  place  for  opening  said 
proposals,  which,  at  the  time  and  place  appointed  shall  be  opened  in  public;  and  as 
soon  as  convenient  thereafter  the  board  shall  let  said  work,  whether  in  portions  or 
as  a  whole,  to  the  lowest  responsible  bidder;  or  they  may  reject  any  or  all  bids  and 
njadvertise  for  proposals,  or  may  proceed  to  construct  the  work  under  their  own  super- 
intendence. Contracts  for  the  purchase  of  material  shall  be  awarded  to  the  lowest 
responsible  bidder.  Any  person  or  persons  to  whom  a  contract  may  be  awarded  shall 
enter  into  a  bond,  with  good  and  sufficient  sureties,  to  be  approved  by  the  board,  pay- 
able to  said  district  for  its  use  for  fifty  per  cent  of  the  amount  of  the  contract  price, 
conditioned  for  the  faithful  ijerformance  of  said  contract.  The  work  shall  be  done  under 
the  direction  and  to  the  satisfaction  of  the  engineer,  and  be  approved  by  the  board. 

When  claims  shall  be  allowed. 

§  50.  No  claim  shall  be  paid  by  the  treasurer  until  allowed  by  the  board,  and  only 
upon  a  warrant  signed  by  the  president,  and  countersigned  by  the  secrolary. 


5Sn  DRAINAGE    DISTRICTS.  Act  12S4,  §§  51-56 

Expenses. 

5  51.  The  cost  and  expense  of  purchasing  and  acquiring  property  and  constructing 
the  works  and  improvements  herein  provided  for,  shall  be  wholly  paid  out  of  the 
construction  fund. 

Construction  of  works  across  streams,  etc.    Right  of  way. 

$  52.  The  board  of  directors  shall  have  power  to  construct  the  works  necessary  for 
drainage  purposes  across  any  stream  of  water,  watercourse,  street,  avenue,  highway, 
railway,  canal,  ditch,  or  flume  which  the  route  of  said  conduits  or  drains  may  intersect 
or  cross,  in  such  manner  as  to  afford  security  for  life  and  property;  but  said  board 
shall  restore  the  same,  when  so  crossed  or  intersected,  to  its  former  state  as  near  as 
may  be,  or  in  such  manner  as  not  to  have  impaired  unnecessarily  its  usefulness;  and 
every  company  whose  railroad,  and  the  board  of  supervisors,  where  any  public  highway 
shall  be  intersected  or  crossed  by  said  works,  shall  unite  with  said  board  in  forming 
said  intersections  and  crossings,  and  grant  the  privileges  aforesaid ;  and  if  such  railroad 
company,  or  said  board  of  supervisors,  or  the  owners  and  controllers  of  the  said  property, 
thing,  or  franchise  so  to  be  crossed,  and  the  said  board  can  not  agree  upon  the  amount 
to  be  paid  therefor,  or  the  points  or  the  manner  of  said  crossings  or  intersections, 
the  same  shall  be  ascertained  and  determined  in  all  respects  as  is  herein  provided  in 
respect  to  the  taking  of  property  by  condemnation.  The  right  of  way  is  hereby  given, 
dedicated,  and  set  apart,  to  locate,  construct  and  maintain  said  works  over  and  through 
any  of  the  lands  which  are  now  or  may  be  the  property  of  this  state. 

Per  diem  of  directors. 

§  53.  Each  member  of  the  board  of  directors  shall  receive  three  dollars  per  day  for 
each  day's  attendance  at  the  meetings  of  the  board,  and  actual  and  necessary  expenses 
while  engaged  in  official  business  under  the  order  of  the  board. 

Must  not  be  interested  in  contracts. 

§  54.  No  director  or  any  other  officer  named  in  this  act  shall  in  any  manner  be 
interested,  directly  or  indirectly  in  any  contract  awarded  or  to  be  awarded  by  the  board, 
or  in  the  profits  to  be  derived  therefrom;  and  for  any  violation  of  this  provision,  such 
officer  shall  be  deemed  guilty  of  a  misdemeanor,  and  such  conviction  shall  work  a  for^ 
feiture  of  his  office,  and  he  shall  be  punished  by  a  fine  not  exceeding  five  hundred 
dollars  or  by  imprisonment  in  the  county  jail  not  exceeding  six  months,  or  by  both  such 
fine  and  imprisonment. 

May  call  special  elections. 

§  55.  The  board  of  directors  may  at  any  time,  when  in  their  judgment  it  may  be 
deemed  advisable  call  a  special  election  and  submit  to  the  qualified  electors  of  the  dis- 
trict the  question,  whether  or  not  a  special  assessment  shall  be  levied  for  the  purpose 
of  raising  money  to  be  applied  to  any  of  the  purposes  provided  in  this  act.  Said  elec- 
tion must  be  called  upon  the  notice  prescribed  and  the  same  shall  be  held  and  the  result 
thereof  determined  and  declared  in  all  respects  in  conformity  with  the  provisions  of 
section  27  of  this  act.  The  notice  must  specify  the  amount  of  money  proposed  to  be 
raised  and  the  purpose  for  which  it  is  intended  to  be  used.  At  such  elections  the  ballots 
shall  contain  the  words  "Assessment — Yes"  or  "Assessment — No."  If  two-thirds  or 
more  of  the  votes  cast  are  "Assessment — Yes,"  the  board  shall  proceed  in  the  manner 
hereinbefore  prescribed  for  raising  the  annual  funds  by  taxation.  When  collected,  the 
money  shall  be  paid  into  the  district  treasury  for  the  purpose  specified  in  the  notice 
of  such  special  election. 

Restrictions  of  powers. 

$  56.  The  board  of  directors  shall  have  no  power  to  incur  any  debt  or  liability  what- 
ever, either  by  issuing  bonds  or  otherwise,  in  excess  of  the  expreas  provisions  of  this 


Act  12S4,  §§  5T-59 


GENERAL  LAWS. 


690 


act;  and  any  debt  or  liability  incun-ed  in  excess  of  such  express  provisions  shall  be  and 
remain  absolutely  void ;  except  for  the  purposes  of  organization,  or  for  any  of  the  pur- 
poses of  this  act,  the  board  of  directors  may,  before  the  collection  of  the  first  assess- 
ment, incur  an  indebtedness  not  exceeding  in  the  aggregate  the  sum  of  two  thousand 
dollars,  and  may  cause  warrants  of  the  district  to  issue  therefor,  bearing  interest  at 
seven  per  cent  per  annum. 

District  property  exempt  from  taxation. 

§  57.  The  rights  of  way,  ditches,  drains,  conduits,  flumes,  pipe-lines,  dams,  reservoirs, 
pumping  plants,  and  other  property  of  like  character  belonging  to  any  drainage  district 
shall  not  be  taxed  for  state  and  county  or  municipal  purposes. 

Action  in  re  to  determine  validity  of  bonds. 

§  58.  The  board  of  directors  shall  within  thirty  days  after  the  issue  of  any  bonds 
herein  provided  for  bring  an  action  in  the  superior  court  of  the  county  wherein  is 
located  the  office  of  such  board,  to  determine  the  validity  of  any  such  bonds.  Such 
action  shall  be  in  the  nature  of  a  proceeding  in  rem,  and  jurisdiction  of  all  parties 
interested  may  be  had  by  publication  of  summons  for  at  least  once  a  week  for  three 
weeks  in  some  paper  of  general  circulation  published  in  the  county  where  the  action  is 
pending,  such  paper  to  be  designated  by  the  court  having  jurisdiction  of  the  proceed- 
ings. Jurisdiction  shall  be  complete  within  thirty  days  after  the  full  publication  of 
such  summons  in  the  manner  herein  provided.  Any  one  interested  may,  at  any  time 
before  the  expiration  of  said  thirty  days,  appear  and  by  proper  proceedings  contest  the 
validity  of  such  bonds,  and  may  in  the  same  action  of  proceeding  contest  the  validity 
of  any  bonds,  coupons,  or  other  evidences  of  indebtedness  referred  to  in  the  petition  for 
funding  and  proposed  to  be  funded,  and  if  any  such  bonds,  coupons,  or  evidences  of 
indebtedness  be  shown  to  be  invalid,  then  the  same  shall  only  be  funded  for  the  amount 
of  such  proportion  thereof  as  equals  the  fair  and  reasonable  value  of  whatever  the  dis- 
trict may  have  received  in  consideration  therefor,  together  with  unpaid  interest  thereon, 
and  the  amount  of  such  proportion  shall  be  determined  and  adjudicated  by  the  court  in 
said  action  or  proceeding.  Such  action  shall  be  speedily  tried  and  judgment  rendered 
declaring  such  bonds  so  contested  either  valid  or  invalid.  Either  party  shall  have  the 
right  to  appeal  at  any  time  within  thirty  days  after  the  entry  of  such  judgment,  which 
appeal  must  be  heard  and  determined  within  three  months  from  the  time  of  taking 
such  appeal. 

Assessment  payer  may  bring  action. 

§  59.  If  no  such  proceeding  shall  have  been  taken  by  the  board  of  directors,  then  at 
anv  time  after  thirty  days  and  within  ninety  days  after  the  issue  of  any  bonds  under 
the  provisions  of  this  act,  any  district  assessment  payer  may  bring  an 'action  in  the 
superior  court  of  the  county  wherein  the  office  of  the  board  of  directors  is  located,  to 
determine  the  validity  of  any  such  bonds.  The  board  of  directors  shall  be  made  parties 
defendant  and  service  of  summons  shall  be  made  on  the  members  of  the  board  person- 
ally, if  they  can  be  found  within  the  state;  if  not,  then  by  publication  for  three  weeks 
in  some  newspaper,  of  general  circulation  within  the  county  where  the  office  of  the 
board  of  directors  is  located,  such  newspaper  to  be  designated  by  the  court  having  juris- 
diction. Before  such  publication  can  be  had,  an  affidavit,  in  the  usual  form  shall  be 
made,  showing  such  facts.  Said  board  shall  have  the  right  to  appear  and  contest  such 
action.  Notice  of  said  action  shall  be  given  by  publication  of  summons  therein  in  the 
same  manner  and  for  the  same  time  as  required  in  the  preceding  section  hereof  in  actions 
brought  by  the  publication  of  such  summons  in  the  manner  herein  provided.  Any 
district  assessment  payer  or  any  one  interested  may  appear  and  defend  said  action,  and 
thereafter  the  same  proceedings  shall  be  had  in  such  action  as  are  hereinbefore  pro- 
vided for  in  the  preceding  section  hereof  in  actions  brought  by  the  board  of  directors, 


501'  DRAINAGE    DISTRICTS.  Act  1284,  §§  60-66 

and  the  same  matters  determined  and  adjudicated  by  the  court  therein.  Such  action 
shall  be  speedily  tried,  with  the  right  of  appeal  to  either  party,  within  the  time  and 
manner  herein  provided  for  the  bringing  of  actions  by  the  board  to  detennine  such 
matters.  Such  appeal  shall  be  heard  and  determined  within  three  months  from  the 
time  of  taking  such  appeal. 

Sufficiency  of  proceedings,  determination  of. 

§  60.  At  the  hearing  of  such  proceedings  the  court  shall  hear  and  determine  the 
sufficiency  of  all  proceedings. 

Consolidation  of  actions. 

§  61.  If  more  than  one  action  shall  be  pending  at  the  same  time  concerning  similar 
contests  in  this  act  provided  for,  they  shall  be  consolidated  and  tried  together. 

Rules  of  pleading. 

§  62.  The  court  hearing  any  of  the  contests  herein  provided  for,  in  inquiring  into 
the  regularity,  legality,  or  correctness  of  such  proceedings,  must  disregard  any  error, 
irregularity  or  omission  which  does  not  affect  the  substantial  rights  of  the  parties  to 
said  action  or  proceeding.  The  rules  of  pleading  and  practice  provided  by  the  Code  of 
Civil  Procedure,  which  are  not  inconsistent  with  the  provisions  of  this  act,  are  appli- 
cable to  all  actions  or  proceedings  herein  provided  for.  The  costs  of  any  hearing  or 
contest  herein  provided  for  may  be  allowed  and  apportioned  between  the  parties  or 
attached  to  the  losing  party,  in  the  discretion  of  the  court. 

Contests  to  be  made  as  provided  herein. 

§  63.  No  contest  of  any  matter  or  thing  herein  provided  for  shall  be  made  other  than 
within  the  time  and  manner  herein  specified. 

Boundaries  may  be  changed. 

$  64.  The  boundaries  of  any  drainage  district  now  organized  or  hereafter  organized 
under  the  provisions  of  this  act,  may  be  changed,  and  tracts  of  land  which  were 
included  within  the  boundaries  of  such  district  at  or  after  its  organization  under  the 
provisions  of  this  act,  may  be  excluded  therefrom,  in  the  manner  herein  prescribed; 
but  neither  such  change  of  the  boundaries  of  the  districts  nor  such  exclusion  of  lands 
from  the  district  shall  impair  or  affect  its  organization,  or  its  right  in  or  to  property, 
or  any  of  its  rights  or  privileges  of  whatever  kind  or  nature;  nor  shall  it  affect,  impair, 
or  discharge  any  contract,  obligation,  lien,  or  charge  for  or  upon  which  said  district 
was  or  may  become  liable  or  chargeable,  had  said  change  of  its  boundaries  not  been 
made,  or  had  not  such  land  been  excluded  from  the  district. 

Petition  to  exclude  tracts  from  district. 

^  65.  The  owner  or  owners  in  fee  of  one  or  more  tracts  of  land  which  constitute  a 
portion  of  a  drainage  district,  may,  jointly  or  severally,  file  with  the  board  of  directors 
of  the  district  a  petition,  praying  that  such  tract  or  tracts,  and  any  other  tracts  con- 
tiguous thereto,  may  be  excluded  and  taken  from  said  district.  The  petition  shall  state 
the  grounds  and  reasons  upon  which  it  is  claimed  that  such  lands  should  be  excluded, 
and  shall  describe  the  boundaries  thereof,  and  also  the  lands  of  such  petitioner,  or 
petitioners  which  are  included  within  such  boundaries;  but  the  description  of  such  lands 
need  not  be  more  particular  or  certain  than  is  required  when  the  lands  are  entered  in 
the  assessment  book  by  the  county  assessor.  Such  petition  must  be  acknowledged  in  the 
same  manner  and  form  as  is  required  in  the  case  of  a  conveyance  of  land,  and  the 
acknowledgment  shall  have  the  same  force  and  effect  as  evidence  as  the  acknowledg- 
ment of  such  a  conveyance. 

Publication  of  notice  of  petition. 

§  66.  The  secretary  of  the  board  of  directors  shall  cau55e  a  notice  of  the  filing  of 
Buch  petition  to  be  published  for  at  least  two  weeks  in  some  newspaper  published  in 


Act  12S4,  g§  CT-C9 


GENKRAL   LAWS. 


51):: 


the  county  where  the  office  of  the  board  of  directors  is  situated,  and  if  any  portion  of 
such  territory  to  be  excluded  lie  within  another  county  or  counties,  then  said  notice 
shall  be  so  published  in  a  newspaper  published  within  each  of  said  counties;  or,  if  no 
newspaper  be  published  therein,  then  by  posting  such  notice  for  the  same  time  in  at 
least  three  public  places  in  said  district,  and  in  case  of  the  posting  of  said  notices,  one 
of  said  notices  must  be  so  posted  on  the  lands  proposed  to  be  excluded.  The  notice 
shall  state  the  filing  of  such  i^etition,  the  names  of  the  petitioners,  a  description  of  the 
lands  mentioned  in  said  petition,  and  the  prayer  of  said  petition;  and  it  shall  notify  all 
persons  interested  in,  or  who  may  be  affected  by  such  change  of  the  boundaries  of  the 
district,  to  appear  at  the  office  of  said  board  at  a  time  named  in  said  notice,  and  show 
cause,  in  writing,  if  any  they  have,  why  the  change  of  the  boundaries  of  said  district, 
as  proposed  in  said  petition,  should  not  be  made.  The  time  to  be  specified  in  the  notice 
at  which  they  shall  be  required  to  show  cause  shall  be  the  regular  meeting  of  the  board 
next  after  the  expiration  of  the  time  for  the  publication  of  the  notice. 

Hearing  of  petition. 

§  67.  The  board  of  directors,  at  the  time  and  place  mentioned  in  the  notice,  or  at 
the  time  or  times  to  which  the  hearing  of  said  petition  may  be  adjourned,  shall  proceed 
to  hear  the  petition,  and  all  evidence  of  proofs  that  may  or  shall  be  introduced  by  or 
on  behalf  of  the  petitioner  or  petitioners,  and  all  objections  to  such  petition  that  may 
or  shall  be  presented  in  writing  by  any  person  showing  cause  as  aforesaid,  and  all 
evidence  and  proofs  that  may  be  introduced  in  support  of  such  objections.  Such  evi- 
dence shall  be  taken  down,  in  shorthand,  and  a  record  made  thereof  and  filed  with  the 
board.  The  failure  of  any  person  interested  in  said  district,  other  than  the  holders  of 
bonds  thereof  outstanding  at  the  time  of  the  filing  of  said  petition  with  said  board,  to 
show  cause,  in  writing,  why  the  tract  or  tracts  of  land  mentioned  in  said  petition  should 
not  be  excluded  from  said  district,  shall  be  deemed  and  taken  as  an  assent  by  him  to 
the  exclusion  of  such  tract  or  tracts  of  land,  or  any  part  thereof,  from  said  district; 
and  the  tiling  of  such  petition  with  said  board,  as  aforesaid,  shall  be  deemed  and  taken 
as  an  assent  by  each  and  all  of  such  petitioners  to  the  exclusion  from  such  district  of 
the  lands  mentioned  in  the  petition,  or  any  part  thereof.  The  expenses  of  giving  said 
notice  and  of  the  aforesaid  proceedings  shall  be  paid  by  the  person  or  persons  filing 
such  petition. 

Board  may  deny  petition  or  may  grant  it. 

$  68.  If,  upon  the  hearing  of  any  such  petition,  no  evidence  or  proofs  in  support 
thereof  be  introduced,  or  if  the  evidence  fail  to  sustain  said  petition,  or  if  the  board 
deem  it  not  for  the  best  interests  of  the  district  that  the  lands,  or  some  portion  thereof, 
mentioned  in  the  petition  should  be  excluded  from  the  district,  the  board  shall  order 
that  said  petition  be  denied  as  to  such  lands;  but  if  the  said  board  deem  it  for  the  best 
interests  of  the  district  that  the  lands  mentioned  in  the  petition,  or  some  portion  thereof, 
be  excluded  from  the  district,  and  if  no  person  interested  in  the  district  show  cause  in 
writing,  why  the  said  lands,  or  some  portion  thereof,  should  not  be  excluded  from  the 
district,  or  if,  having  shown  cause,  withdraws  the  same,  or  upon  the  hearing  fails  to 
establish  such  objections  as  he  may  have  made,  then  it  shall  be  the  duty  of  the  board 
to,  and  it  shall  forthwith,  make  an  order  that  the  lands  mentioned  and  described  in  the 
petition,  or  some  defined  portion  thereof,  be  excluded  from  said  district. 

Bondholders  may  assent  to  exclusion. 

^  69.  If  there  be  outstanding  bonds  of  the  district  at  the  time  of  the  filing  of  said 
petition,  the  holders  of  such  outstanding  bonds  may  give  their  assent,  in  writing,  to  the 
effect  that  they  severally  consent  that  the  lands  mentioned  in  the  petition,  or  such 
portion  thereof  as  may  be  excluded  from  said  district  by  order  of  said  board,  may  be 
excluded  from  the  district;  and  if  said  lands,  or  any  portion  thereof,  be  thereafter 


593  DRAINAGE    DISTRICTS.  Act  1284,  §§  70-74 

excluded  from  the  district,  the  lands  so  excluded  shall  be  released  from  the  lien  of  such 
outstanding  bonds.  The  assent  must  be  acknowledged  by  the  several  holders  of 
such  bonds  in  the  same  manner  and  form  as  is  required  in  the  case  of  a  conveyance  of 
land,  and  the  acknowledgment  shall  have  the  same  force  and  effect  as  evidence  as  the 
acknowledgment  of  such  conveyance.  The  assent  shall  be  filed  with  the  board,  and 
must  be  recorded  in  the  minutes  of  the  board;  and  said  minutes,  or  a  copy  thereof, 
certified  by  the  secretary  of  said  board,  shall  be  admissible  in  evidence,  with  the  same 
effect  as  the  said  assent,  and  such  certified  copy  thereof  may  be  recorded  in  the  ofiQco 
of  the  county  recorder  of  the  county  wherein  said  lands  are  situated. 

Change  of  boundaries  shall  be  recorded. 

§  70.  In  the  event  the  said  board  of  directors  shall  exclude  any  lands  from  said 
district  upon  petition  thereof,  it  shall  be  the  duty  of  the  board  of  directors  to  make  an 
entry  in  the  minutes  of  the  board,  describing  the  boundaries  of  the  district,  should  the 
exclusion  of  said  lands  from  said  district  change  the  boundaries  of  said  district,  and  for 
that  purpose  the  board  may  cause  a  survey  to  be  made  of  such  portions  of  the  district 
as  the  board  may  deem  necessary;  and  a  certified  copy  of  the  entry  in  the  minutes  of 
the  board  excluding  any  land,  certified  by  the  president  and  secretary  of  the  board, 
shall  be  filed  for  record  in  the  recorder's  office  of  each  county  within  which  are  situ- 
ated any  of  the  land  of  the  district;  but  said  district,  notwithstanding  such  exclusion, 
shall  be  and  remain  a  drainage  district  as  fully  to  every  intent  and  purpose  as  it  would 
be  had  no  change  been  made  in  the  boundaries  of  the  district,  or  had  the  lands  excluded 
therefrom  never  constituted  a  portion  of  the  district. 

When  office  of  director  may  become  vacant. 

§  71.  If  the  lands  excluded  from  any  district  under  this  act  shall  embrace  the 
greater  portion  of  any  division  or  divisions  of  such  district,  then  the  office  of  director 
for  such  division  or  divisions  shall  become  and  be  vacant  at  the  expiration  of  ten  days 
from  the  final  order  of  the  board  excluding  said  lands;  and  such  vacancy  or  vacancies 
shall  be  filled  by  appointment  by  the  board  of  supervisors  of  the  county  where  the  office 
of  such  board  is  situated,  from  the  district  at  large.  A  director  appointed  as  above 
provided  shall  hold  his  office  until  the  next  regular  election  for  said  district,  and  until 
his  successor  is  elected  and  qualified. 

Order  dividing  district  into  divisions. 

§  72.  At  least  thirty  days  before  the  next  general  election  of  such  district,  the  board 
of  directors  thereof  shall  make  an  order  dividing  such  district  into  three  or  five  divi- 
sions, as  the  case  may  require,  as  nearly  equal  in  size  as  may  be  practicable,  which  shall 
be  numbered  first,  second,  third  and  so  on,  and  one  director  shall  be  elected  by  each 
division.  For  the  purposes  of  elections  in  such  district,  the  said  board  of  directors 
must  establish  a  convenient  number  of  election  precincts,  and  define  the  boundaries 
thereof,  which  said  precincts  may  be  changed  from  time  to  time,  as  the  board  of 
directors  may  deem  necessary. 

Guardians,  executors,  or  administrators  may  sign. 

$  73.  A  guardian,  an  executor,  or  an  administrator  of  an  estate,  who  is  appointed  as 
such  under  the  laws  of  this  state,  and  who  as  such  guardian,  executor,  or  administrator, 
is  entitled  to  the  possession  of  the  lands  belonging  to  the  estate  which  he  represents, 
may  on  behalf  of  his  ward,  or  the  estate  which  he  represents,  upon  being  thereto  prop- 
erly authorized  by  the  proper  court,  sign  and  acknowledge  the  petition  in  section  65 
of  this  act  mentioned,  and  may  show  cause,  as  herein  provided,  why  the  boundaries  of 
the  district  should  not  be  changed. 

Exclusion  shaU  not  operate  to  release  from  valid  debts  of  district. 

§  74.  Nothing  herein  provided  shall,  in  any  manner,  operate  to  release  any  of  the 
lands  so  excluded  from  the  district  from  any  obligation  to  pay,  or  any  lien  thereon,  of 

Gen.  Laws — 3S 


Act  1284,  §g  76-77  OliMiRAL   LAWS.  594 

any  valid  outstanding  bonds  or  other  indebtedness  of  said  district  at  the  time  of  the 
filing  of  said  petition  for  the  exclusion  of  said  lands,  but  upon  the  contrary,  said  lands 
shall  be  held  subject  to  said  lien,  and  answerable  and  chargeable  for  and  with  the  pay- 
ment and  discharge  of  all  of  said  outstanding  obligations  at  the  time  of  the  filing  of  the 
petition  for  the  exclusion  of  said  land,  as  fully  as  though  said  petition  for  such  exclu- 
sion were  never  filed  and  said  order  of  exclusion  never  made;  and  for  the  purpose  of 
dischai^ing  such  outstanding  indebtedness,  said  lands  so  excluded  shall  be  deemed  and 
considered  as  part  of  said  drainage  district  the  same  as  though  said  petition  for  its 
exclusion  had  never  been  filed  or  said  order  of  exclusion  never  made;  and  all  provisions 
which  may  have  been  resorted  to  to  compel  the  payment  by  said  lands  of  its  quota  or 
portion  of  said  outstanding  obligations,  had  said  exclusion  never  been  accomplished, 
may,  notwithstanding  said  exclusion,  be  resorted  to  to  compel  and  enforce  the  payment 
on  the  part  of  said  lands  of  its  quota  and  portion  of  said  outstanding  obligations  of 
said  drainage  district  for  which  it  is  liable,  as  herein  provided.  But  said  land  so 
excluded  shall  not  be  held  answerable  or  chargeable  for  any  obligation  of  any  nature 
or  kind  whatever,  incurred  after  the  filing  with  the  board  of  directors  of  said  district 
of  the  petition  for  the  exclusion  of  said  lands  from  the  said  district;  provided,  that  the 
provisions  of  this  section  shall  not  apply  to  any  outstanding  bonds,  the  holders  of  which 
have  assented  to  the  exclusion  of  such  lands  from  said  district,  as  hereinbefore  provided. 

Change  of  boundaries  shall  not  impair  organization. 

§  75.  The  boundaries  of  any  drainage  district  now  organized  or  hereafter  organized 
under  the  provisions  of  this  act  may  be  changed  in  the  manner  herein  prescribed,  but 
such  change  of  the  boundaries  of  the  district  shall  not  impair  or  affect  its  organization, 
or  its  rights  in  or  to  property,  or  any  of  its  rights  or  privileges  of  whatsoever  kind  or 
nature;  nor  shall  it  affect,  impair,  or  discharge  any  contract,  obligation,  lien  or  charge 
for  or  upon  which  it  was  or  might  become  liable  or  chargeable,  had  such  change  of  its 
boundaries  not  been  made. 

Petition  to  include  tracts  of  land. 

5  76.  The  holder  or  holders  of  title,  or  evidence  of  title,  representing  one-half  or 
more  of  any  body  of  lands  adjacent  to  the  boundary  of  a  drainage  district,  which  are 
contiguous  and  which  taken  together,  constitute  one  tract  of  land,  may  file  with  the 
board  of  directors  of  said  district  a  petition,  in  writing,  praying  that  the  boundaries 
of  said  district  may  be  so  changed  as  to  include  therein  said  lands.  The  petition  shall 
describe  the  boundaries  of  said  parcel  or  tract  of  land,  and  shall  also  describe  the 
boundaries  of  the  several  parcels  owned  by  the  petitioners,  if  the  petitioners  be  the 
owners,  respectively,  of  distinct  parcels,  but  such  descriptions  need  not  be  more  partic- 
ular than  they  are  required  to  be  when  such  lands  are  entered  by  the  county  assessor 
in  the  assessment-book.  Such  petition  must  contain  the  assent  of  the  petitioners  to  the 
inclusion  within  said  district  of  the  parcels  or  tracts  of  land  described  in  the  petition, 
and  of  which  said  petition  alleges  they  are,  respectively,  the  owners;  and  it  must 
be  acknowledged  in  the  same  manner  that  conveyances  of  land  are  required  to  be 
acknowledged. 

Publication  of  notice  of  filing  petition. 

^  77.  The  secretary  of  the  board  of  directors  shall  cause  a  notice  of  the  filing  of 
such  petition  to  be  given  and  published  in  the  same  manner  and  for  the  same  time  that 
notices  of  special  elections  for  the  issue  of  bonds  are  required  by  this  act  to  be  pub- 
lished. The  notice  shall  state  the  filing  of  such  petition  and  the  names  of  the  peti- 
tioners, a  description  of  the  lands  mentioned  in  said  petition,  and  the  prayer  of  said 
petition;  and  it  shall  notify  all  persons  interested  in,  or  that  may  be  affected  by  such 
change  of  the  boundaries  of  the  district,  to  appear,  at  the  office  of  said  board,  at  a  time 
named  in  said  notice,  and  show  cause  in  writing,  if  any  they  have,  why  the  change  in 


595  DRAINAGE    DISTRICTS.  Act  1284,  gg  78-8a 

the  boundaries  of  said  district,  as  proposed  in  said  petition,  should  not  be  made.  The 
time  to  be  specified  in  the  notice  at  which  they  shall  be  required  to  show  cause  shall  be 
the  regular  meeting  of  the  board  next  after  the  expiration  of  the  time  for  the  publica- 
tion of  the  notice.  The  petitioners  shall  advance  to  the  secretary  sufficient  money  to 
l?ay  the  estimated  costs  of  all  proceedings  arising  from  such  petition. 

Hearing. 

$  78.  The  board  of  directors,  at  the  time  and  place  mentioned  in  the  said  notice,  or 
at  such  other  time  or  times  to  which  the  hearing  of  said  petition  may  be  adjourned, 
shall  proceed  to  hear  the  petition  and  all  the  objections  thereto,  presented  in  writing 
by  any  person  showing  cause  as  aforesaid  why  said  proposed  change  of  the  boundaries 
of  the  district  should  not  be  made.  The  failure  of  any  person  interested  in  said  dis- 
trict, or  in  the  matter  of  the  proposed  change  of  its  boundaries,  to  show  cause,  in  writ- 
ing, as  aforesaid,  shall  be  deemed  and  taken  as  an  assent  on  his  part  to  a  change  of  the 
boundaries  of  the  district  as  prayed  for  in  said  petition,  or  to  such  a  change  thereof  as 
will  include  a  part  of  said  lands.  And  the  filing  of  such  petition  with  said  board,  as 
aforesaid,  shall  be  deemed  and  taken  as  an  assent  on  the  part  of  each  and  all  of  such 
petitioners  to  such  a  change  of  said  boundaries  that  they  may  include  the  whole  or  any 
portion  of  the  lands  described  in  said  petition. 

Requirements  precedent. 

§  79.  The  board  of  directors  to  whom  such  petition  is  presented,  may  require,  as  a 
condition  precedent  to  the  granting  of  the  same,  that  the  petitioners  shall  severally  pay 
to  such  district  such  respective  sums,  as  nearly  as  the  same  can  be  estimated  (the 
several  amounts  to  be  determined  by  the  board),  as  said  petitioners  or  their  grantors 
would  have  been  required  to  pay  to  such  district  as  assessments,  had  such  lands  been 
included  in  such  district  at  the  time  the  same  was  originally  formed. 

Directors  may  grant  or  deny  petition. 

$  80.  The  board  of  directors,  if  they  deem  it  not  for  the  best  interests  of  the  district 
that  a  change  of  its  boundaries  be  so  made  as  to  include  therein  the  lands  mentioned 
in  the  petition,  shall  order  that  the  petition  be  rejected.  But  if  they  deem  it  for  the  best 
interests  of  the  district  that  the  boundaries  of  said  district  be  changed  and  if  no  person 
interested  in  said  district  or  the  proposed  change  of  its  boundaries  shows  cause,  in 
writing,  why  the  proposed  change  should  not  be  made,  or  if,  having  shown  cause,  with- 
draws the  same,  the  board  may  order  that  the  boundaries  of  the  district  be  so  changed 
as  to  include  therein  the  lands  mentioned  in  said  petition  or  some  part  thereof.  The 
order  shall  describe  the  boundaries  as  changed,  and  shall  also  describe  the  entire 
boundaries  of  the  district  as  they  will  be  after  the  change  thereof  as  aforesaid  is  made; 
and  for  that  purpose  the  board  may  cause  a  survey  to  be  made  of  such  portions  of  such 
boundary  as  is  deemed  necessary. 

Resolution  to  include  land. 

v^  81.  If  any  person  interested  in  said  district  of  the  proposed  change  of  its 
boundaries,  shall  show  cause  as  aforesaid  why  such  boundaries  should  not  be  changed, 
and  shall  not  withdraw  the  same,  and  if  the  board  of  directors  deem  it  for  the  best 
interests  of  the  district  that  the  boundaries  thereof  be  so  changed  as  to  include  therein 
the  lands  mentioned  in  the  petition,  or  some  part  thereof,  the  board  shall  adopt  a 
resolution  to  that  effect.  The  resolution  shall  describe  the  exterior  boundaries  of  the 
lands  which  the  board  are  of  the  opinion  should  be  included  within  the  boundaries  of 
the  district  when  changed. 

Election  to  determine  if  boundaries  shall  be  changed. 

§  82.  Upon  the  adoption  of  the  resolution  mentioned  in  the  last  preceding  section, 
the  board  shall  order  that  an  election  be  held  within  said  district,  to  determine  whether 


Aci 1284,  gg  S3-87 


GBNBRAL   LAWS. 


5oa 


the  boundaries  of  the  district  shall  be  changed  as  mentioned  in  said  resolution;  and 
shall  fix  the  time  at  which  such  election  shall  be  held,  and  cause  notice  thereof  to  be 
given  and  published.  Such  notice  shall  be  given  and  published,  and  such  election  shall 
be  held  and  conducted,  the  returns  thereof  shall  be  made  and  canvassed,  and  the  result 
of  the  election  ascertained  and  declared,  and  all  things  pertaining  thei-eto  conducted  in 
the  manner  prescribed  by  this  act  in  case  of  a  special  election  to  determine  whether 
bonds  of  a  drainage  district  shall  be  issued.  The  ballots  cast  at  said  election  shall  con- 
tain the  words  "For  change  of  boundary"  or  "Against  change  of  boundary"  or  words 
equivalent  thereto.  The  notice  of  election  shall  describe  the  proposed  change  of  the 
boundaries  in  such  manner  and  terms  that  it  can  readily  be  traced. 

Majority  vote  to  prevail 

§  83.  If  at  such  election  a  majority  of  all  the  votes  cast  at  said  election  shall  be 
against  such  change  of  the  boundaries  of  the  district,  the  board  shall  order  that  said 
petition  be  denied,  and  shall  proceed  no  further  in  that  matter.  But  if  a  majority  of 
such  votes  be  in  favor  of  such  change  of  the  boundaries  of  the  district,  the  board  shall 
thereupon  order  that  the  boundaries  be  changed  in  accordance  with  said  resolution 
adopted  by  the  board.  The  said  order  shall  describe  the  entire  boundaries  of  said  dis- 
trict, and  for  that  purpose  the  board  may  cause  a  survey  of  such  portions  thereof  to  be 
made  as  the  board  may  deem  necessary. 

Change  to  "be  recorded. 

§  84.  Upon  a  change  of  the  boundaries  of  a  district  being  made,  a  copy  of  the  order 
of  the  board  of  directors  ordering  such  change,  certified  by  the  president  and  secretary 
of  the  board,  shall  be  filed  for  record  in  the  recorder's  office  of  each  county  within 
Avhich  are  situated  any  of  the  lands  of  the  district,  and  thereupon  the  district  shall  be 
and  remain  a  drainage  district,  as  fully,  and  to  every  intent  and  purpose,  as  if  the  lands 
which  are  included  in  the  district  by  the  change  of  the  boundaries,  as  aforesaid,  had 
been  included  therein  at  the  original  organization  of  the  district. 

Evidence. 

§  85.  Upon  the  filing  of  the  copies  of  the  order,  as  in  the  last  preceding  section  men- 
tioned, the  secretary  shall  record  in  the  minutes  of  the  board  the  petition  aforesaid; 
and  the  said  minutes,  or  a  certified  copy  thereof,  shall  be  admissible  in  evidence  with 
the  same  effect  as  the  petition. 

Guardian,  executor,  or  administrator  may  sign. 

§  86,  A  guardian,  an  executor  or  an  administrator  of  an  estate,  who  is  appointed  as 
such  under  the  laws  of  this  state,  and  who,  as  such  guardian,  executor  or  administrator, 
is  entitled  to  the  possession  of  the  lands  belonging  to  the  estate  which  he  represents, 
may,  on  behalf  of  his  ward,  or  the  estate  which  he  represents,  upon  being  thereunto 
authorized  by  the  proper  court,  sign  and  acknowledge  the  petition  in  section  76  of  this 
act  mentioned  and  may  show  cause  why  the  boundaries  of  the  district  should  not  be 
changed. 

Order  redividing  district. 

§  87.  In  case  of  the  inclusion  of  any  land  within  any  district  by  proceedings  under 
this  act,  the  board  of  directors,  must,  at  least  thirty  days  prior  to  the  next  succeeding 
general  election,  make  an  order  i*edividing  such  district,  into  three  or  five  divisions,  as 
the  case  may  require,  as  nearly  equal  in  size  as  may  be  practicable,  which  shall  be 
numbered  first,  second,  third  and  so  on,  and  one  elector  shall  thereafter  be  elected  by 
each  division.  For  the  purpose  of  elections,  the  board  of  directors  must  establish  a 
convenient  number  of  election  precincts  in  said  districts,  and  define  the  boundaries 
thereof,  which  said  precincts  may  be  changed  from  time  to  time  as  the  board  may 
deem  necessary. 


507  DRAINAGE    DISTRICTS.  Act  1284,  88  88-8i 

Election  to  reduce  bonded  indebtedness. 

§  88.  Whenever  the  board  of  directors  of  a  drainage  district  heretofore  organized,  or 
hereafter  organized  under  the  provisions  of  this  act,  shall  determine  that  the  authorized 
bonded  indebtedness  of  such  drainage  district  is  greater  than  such  district  is  liable  to 
need  to  complete  its  system  as  planned,  and  there  be  no  outstanding  bonds,  the  board 
of  directors  may  call  a  special  election  for  the  purpose  of  voting  upon  a  proposition  to 
reduce  such  bonded  indebtedness  to  such  sum  as  the  board  may  determine  to  be 
sufficient  for  such  purpose. 

Notice  of  election.    Ballots. 

§  89.  Notice  of  the  said  election  shall  be  given  in  the  same  manner  as  provided  in 
section  27  of  this  uct,  in  relation  to  calling  special  elections  for  issuance  of  bonds. 
The  notice  of  election  must  state  the  amount  of  the  authorized  bonded  indebtedness  of 
such  district,  and  the  amount  to  which  it  is  proposed  to  reduce  the  same;  also,  the  date 
on  which  said  election  will  be  held  and  the  polling-places,  as  established  by  said  board 
of  directors.  The  ballots  cast  at  said  election  shall  contain  the  words  "For  reducing 
bonds — Yes,"  or  "For  reducing  bonds — No."  When  the  vote  is  canvassed  by  the  board 
of  directors  and  entered  of  record,  if  a  majority  of  the  votes  cast  shall  be  "For  reducing 
bonds — Yes,"  then  in  that  event  the  board  of  directors  shall  only  be  empowered  to 
issue  or  sell  the  amount  of  bonds  as  was  stipulated  in  the  said  notice  of  such  special 
election;  but  if  a  majority  of  said  votes  are  not  "For  reducing  bonds — Yes,"  then  the 
authority  to  issue  bonds  shall  remain  the  same  as  before  said  special  election  was  held. 

Bondholders  may  assent  to  reduction. 

§  90.  In  case  there  be  outstanding  bonds  of  any  district  desiring  to  take  advantage 
of  the  provisions  of  sections  88  and  89  of  this  act  concerning  reduction  of  bonded 
indebtedness,  the  assent  of  such  bondholders  may  be  obtained  to  such  reduction  of  the 
bonded  indebtedness,  in  the  same  manner  as  provided  in  section  69  of  this  act.  If  such 
assent  is  obtained  in  the  manner  therein  provided,  then,  and  in  that  event,  such  district 
shall  be  empowered  to  take  advantage  of  all  the  provisions  of  said  sections  of  this  act, 
but  not  otherwise.  No  reduction  of  the  bonded  indebtedness,  as  in  this  act  provided 
shall  in  any  manner  affect  any  order  of  court  that  may  have  been  made,  adjudicating 
and  confirming  the  validity  of  said  bonds. 

Election*to  determine  destruction  of  bonds. 

§  91.  Whenever  there  remains  in  the  hands  of  the  board  of  directors  of  any  drainage 
district  organized  under  the  provisions  of  this  act,  after  the  completion  of  its  drain- 
age system,  and  the  payment  of  all  demands  against  such  district,  any  bonds  voted  to 
be  issued  by  said  district,  but  not  sold,  and  not  necessary  to  be  sold  for  the  raising  of 
funds,  for  the  use  of  such  district,  said  board  of  directors  may  call  a  special  election 
for  the  purpose  of  voting  upon  a  proposition  to  destroy  said  unsold  bonds,  or  so  many 
of  them  as  may  be  deemed  best,  or  may  submit  such  proposition  at  a  general  election. 

Notice  of  election.    Ballots. 

$  92.  Such  election  shall  be  held  in  the  same  manner  as  other  elections  held  under 
the  provisions  of  this  act.  A  notice  of  such  election  shall  be  given  in  the  same  manner 
as  provided  in  section  27  of  this  act  in  relation  to  calling  special  elections  for  the  issu- 
ance of  bonds.  The  notice  of  election  must  state  the  amount  of  the  bonded  indebted- 
ness of  such  district  authorized  bj^  the  vote  of  the  district,  the  amount  of  the  bonds 
remaining  unsold,  and  the  amount  proposed  to  be  destroyed,  and  the  date  on  which 
such  election  is  proposed  to  be  held,  and  the  polling-places  as  fixed  by  the  board  of 
directors.  The  ballots  to  be  cast  at  such  election  shall  contain  the  words  "For  destroy- 
ing bonds — Yes"  and  "For  destroying  bonds — No,"  and  the  voter  must  erase  the  word 
"No"  in  case  he  favors  the  destruction  of  the  bonds,  otherwise  the  word  "Yes." 


Act  12S5,  g  1  GENERAL   LAWS.  508 

Two-thirds  vote  to  prevail 

§  93.  When  the  vote  is  canvassed  by  the  board  of  directors  and  entered  of  record,  if 
a  two-thirds  majority  of  the  votes  cast  should  be  found  to  be  in  favor  of  the  destruc- 
tion of  said  bonds,  then  the  president  of  the  board,  in  the  presence  of  a  majority  of  the 
members  of  the  board,  must  destroy  the  bonds  so  voted  to  be  destroyed,  and  the  total 
amount  of  bonds  so  destroyed  and  canceled  shall  be  deducted  from  the  sum  authorized 
to  be  issued  by  the  electors  of  said  district,  and  no  part  thereof  shall  thereafter  be 
reprinted  or  reissued. 

Validity  of  prior  districts  not  affected. 

§  94.  Nothing  in  this  act  shall  be  so  construed  as  to  affect  the  validity  of  any  district 
heretofore  organized  under  the  laws  of  this  state,  or  its  rights  in  or'to  property,  or  any 
of  its  rights  or  privileges  of  whatsoever  kind  or  nature;  but  said  districts  are  hereby 
made  subject  to  the  provisions  of  this  act  so  far  as  applicable;  nor  shall  it  affect, 
impair,  or  discharge  any  contract,  obligation,  lien,  or  charge,  for  or  upon  which  it  was 
or  might  become  liable  or  chargeable  had  not  this  act  been  passed. 

Acts  repealed. 

§  95.  Nothing  in  this  act  shall  be  construed  as  repealing  or  in  anywise  modifying  the 
provisions  of  any  other  act  relating  to  the  subject  of  drainage  except  such  as  may  be 
contained  in  the  act  entitled  "An  act  to  provide  for  the  organization  and  government 
of  drainage  districts,  for  the  drainage  of  agricultural  lands  other  than  swamp  and  over- 
flowed lands, ' '  approved  March  thirty-first,  eighteen  hundred  and  ninety-seven,  and  any 
subsequent  acts  supplementary  thereto,  or  amendatory  thereof,  all  of  which  acts,  so  far 
as  they  may  be  inconsistent  herewith,  are  hereby  repealed. 

Time  of  taking  effect. 

$  96.     This  act  shall  take  effect  from  and  after  its  passage  and  approval. 

1.     Drainage  act  of  1897,  repealed  by  the  cal  Code  (of  1893),  as  to  entry  of  Judgments 

present  act  did  not  provide  for  the  payment  against    counties    for    the    recovery    of   such 

of  drainage  district  taxes  under  protest,  and  taxes. — Justice    v.    Robinson,    142    Cal.    199, 

did  not  adopt  the  provisions  of  §  3819,  Politi-  201,  75  Pac.  776. 

BELLEVUE-WILFRED   DRAINAGE   DISTRICT. 
ACT  1285 — An  act  to  validate  bonds  of  the  Bellevue- Wilfred  drainage  district,  and 
all  proceedings  relating  thereto,  and  making  final  and  conclusive,  except  as  herein 
provided,  the  finding  as  to  the  result  of  the  election  at  which  said  bonds  were 
authorized. 

History:     Approved  May  16,  1919.     In  effect  July  22,  1919.     Stats. 
1919,  p.  713. 

Bellevue-Wilfred  drainage  district  bonds  validated. 

§  1.  Bonds  in  the  amount  of  twenty  thousand  dollars  of  the  Bellevue-Wilfred 
drainage  district,  and  all  the  acts  and  proceedings  of  said  district  leading  up  to  and 
including  the  authorizing  and  issuance  of  said  bonds,  are  hereby  legalized,  ratified, 
confirmed,  and  declared  valid  to  all  intents  and  purposes,  which  district  was  organized 
under  an  act  entitled  "An  act  to  provide  for  the  organization  and  government  of 
drainage  districts  for  the  drainage  of  agricultural  lands  other  than  swamp  and  over- 
flowed lands,  and  to  provide  for  the  acquisition  or  construction  thereby  of  works  for 
the  drainage  of  lands  embraced  within  such  districts,"  approved  March  20,  1913,  as 
amended.  Said  bonds  were  authorized  by  virtue  of  an  election  held  in  said  district  on 
September  27,  1916,  at  which  a  majority  of  the  votes  cast  were  in  favor  of  incurring 
such  bonded  indebtedness,  as  found  and  determined  by  the  board  of  directors  of  said 
district  upon  canvassing  such  election  returns.  Said  finding  and  determination  of  the 
result  of  said  election  shall  be  and  is  hereby  determined  to  be  final  and  conclusive 


I 


099  ^  DRAIXAGE    DISTRICTS.  Act  12S6.  §§  1, 2 

against  all  persons,  except  the  state  of  California,  upon  suit  commenced  by  the 
attorney  general.  Anj'  such  suit  must  be  commenced  within  thirty  days  after  this 
act  takes  effect  and  not  otherwise. 

All  said  bonds,  when  issued  and  sold  as  in  said  act  provided,  shall  be  and  are 
hereby  declared  to  be  legal  and  valid  obligations  of  said  district,  and  the  faith  and 
credit  of  said  Bellevue- Wilfred  drainage  district  is  pledged  for  the  prompt  payment 
and  redemption  of  the  principal  and  interest  of  said  bonds,  and  said  bonds  by  their 
issuance  shall  be  conclusive  evidence  of  the  regularity  of  all  proceedings  leading  up 
thereto,  and  that  thej'  were  duly  authorized  at  said  election. 

BUTTE  COUNTY  DRAINAGE  DISTRICT  NO.  1. 

ACT  1286 — An  act  declaring  certain  drainage  work  already  done  within  drainage  dis- 
trict number  one,  Butte  county,  to  have  been  legally  done,  validating  the  same,  and 
making  such  work  a  proper  subject  for  the  levy  of  an  assessment  to  pay  therefor; 
authorizing  the  levy  and  collection  of  such  assessment  in  said  district  to  provide 
for  such  payment,  and  interest;  the  original  assessment  levied  and  collected  being 
insufficient  to  provide  for  such  payment. 

History:     Approved  May  21,  1917.     In  effect  July  27,  1917.     Stata. 
1917,  p.  789. 

Work  in  drainage  district  No.  1.  Butte  county,  validated. 

%  1.  All  the  work,  labor,  and  services  rendered  drainage  district  number  one  in 
the  county  of  Butte,  state  of  California,  in  the  construction,  maintenance  and  repair  of 
main  and  lateral  drainage  ditches,  and  drainage  works,  already  done  upon  lands  lying 
within  said  district,  for  the  payment  for  which  the  original  assessment  levied  and 
collected  under  the  provisions  of  the  act  entitled,  "An  act  to  promote  drainage," 
approved  March  18,  1885,  as  amended,  was  insufficient,  is  hereby  declared  to  have 
been  legally  done,  is  hereby  validated  and  is  hereby  made  a  proper  subject  for  the  levy 
of  an  assessment  for  the  payment  therefor. 

Statement  to  board  of  supervisors.  Order  to  make  assessment. 

%  2.  The  board  of  trustees  of  said  drainage  district  is  hereby  authorized  and 
empowered  to  present  to  the  board  of  supervisors  of  said  county,  a  statement  of  all  the 
work,  labor  and  services  rendered  said  district  in  the  constiiiction,  maintenance  and 
repair  of  main  and  lateral  drainage  ditches,  and  drainage  works,  already  done  upon 
lands  lying  'within  said  district,  for  the  payment  for  which  the  original  assessment 
levied  and  collected  under  the  provisions  of  said  act  approved  March  18,  1885,  as 
amended,  was  insufficient.  Such  statement  shall  contain  a  memorandum  of  the  unpaid 
claims  existing  by  reason  of  the  performance  of  said  work,  and  the  names  of  the 
respective  claimants;  and  shall  specify  those  claims  included  in  said  memorandum  for 
which  warrants  have  been  issued,  if  there  are  any  such  claims,  and  the  date  of  their 
registration,  and  shall  also  specify  those  claims  included  in  said  memorandum  for 
which  no  warrants  have  been  issued,  if  there  are  any  such  claims.  Said  board  of 
supervisors  is  hereby  authorized  and  empowered  to  make  an  order  directing  that  the 
commissioners  who  made  such  original  assessment,  or  other  commissioners  to  be  named 
in  such  order,  assess  upon  the  lands  situated  within  said  district  a  charge  proportionate 
to  the  whole  expense  incurred  for  such  work,  the  total  of  which  shall  not  exceed  the 
sum  of  six  thousand  dollars,  and  to  the  benefit  which  has  resulted  from  such  work; 
which  charges  must  be  collected  and  paid  into  the  county  treasury  of  said  county  either 
in  cash  or  in  regularly  issued  wan*ants  of  said  district  as  hereinafter  provided,  and 
must  be  placed  by  the  treasurer  of  said  county  to  the  credit  of  said  district,  and 
applied  to  the  payment  of  said  claims,  and  to  the  payment  of  interest  on  any  of  said 
claims  for  which  warrants  were  issued  and  registered,  at  the  rate  of  six  per  cent  per 


Acts  12S7-12S9 


GlilMDRAL.   LAWS. 


600 


annum,  from  the  respective  dates  of  registration,  upon  the  warrants  of  said  trustees, 
approved  by  said  board  of  supervisors. 

Warrants. 

$  3.  All  such  warrants  drawn  by  said  trustees  must,  after  they  have  been  approved 
by  said  board  of  supervisors,  be  presented  to  said  treasurer;  and  if  they  are  not  paid 
on  presentation  like  endorsement  must  be  made  thereon,  and  they  must  be  registered 
in  like  manner  as  county  warrants,  and  paid  in  the  order  of  their  registration.  All 
of  such  warrants  shall,  from  the  date  of  their  registration,  bear  interest  at  the  rate 
of  six  per  cent,  per  annum;  provided,  however,  that  any  of  such  warrants  may  be  used 
in  the  payment  of  the  assessment  herein  provided  for  without  regard  to  the  order  of 
their  registration. 

BUTTE   COUNTY   DRAINAGE   DISTRICT   NO.   100. 

ACT  1287 — An  act  to  recognize  and  declare  valid  all  proceedings  in  drainage  district 

number  one  hundred  of  Butte  county. 

History:     Approved  April  4,  1919.     In  effect  July  22,  1919.     Stats. 
1919,  p.  32. 

Drainage  district  No.  100,  Butte  county,  validated. 

§  1.  Drainage  district  number  one  hundred  of  Butte  county,  as  formed  by  the 
board  of  supervisors  of  the  county  of  Butte,  state  of  California,  and  as  now  existing, 
is  hereby  recognized  and  declared  valid  and  all  proceedings  on  the  organization  and 
foi'mation  thereof  are  hereby  approved  and  in  all  respects  declared  valid. 


KNIGHTS  LANDING  RIDGE  DRAINAGE  DISTRICT. 
ACT  1288 — An  act  to  create  a  drainage  district  to  be  called  Knight's  Landing  ridge 
drainage  district;  to  promote  drainage  therein  by  the  making  of  a  cut  through 
Knight's  Landing  ridge,  and  the  construction  of  a  canal  leading  therefrom;  to  pro- 
vide for  the  election  and  appointment  of  officers  of  said  drainage  district;  defining 
the  powers,  duties  and  compensation  of  such  officers;  and  providing  for  levying  and 
collecting  assessments  upon  the  lands  within  said  drainage  district;  the  issuance  of 
bonds  by  said  drainage  district  and  testing  the  validity  of  the  levy  of  such  assess- 
ments and  the  issuance  of  such  bonds. 

History:  Approved  April  30,  1913.  In  effect  August  10,  1913.  Stats. 
1913,  p.  109.  Amended  May  18,  1915.  In  effect  August  8,  1915.  Stats. 
1915,  p.  546.  May  5,  1917.     In  effect  July  27,  1917.     Stats.  1917,  p.  277. 


See  Act  1291a  as  to  boundaries  of  Knights 
Landing  drainage  district. 

The  amendment  of  1017  provided  for  the 
allowance  of  interest  on  a  payment  made 
upon  an  assessment  afterwards  adjudged 
invalid,  and  a  credit  for  such  payment  on  a 
valid  assessment. subsequently  made. 


The  amendment  of  1915  made  certain 
changes  in  the  exterior  boundaries  of  the 
district,  and  in  the  administrative  features 
of  the  original  act. 

The  act  of  1919  (Act  1289)  corrected  a 
clerical  error  in  the  description  of  the  origi- 
nal act. 


BOUNDARIES  OF  KNIGHTS  LANDING  RIDGE  DRAINAGE  DISTRICT. 
ACT  1289 — An  act  determining  and  defining  the  exterior  boundaries  of  Knight's  Land- 
ing ridge  drainage  district,  created  by  that  certain  act  approved  April  30,  1913,  for 
the  purpose  of  correcting  an  error  in  description. 

History:     Approved   May  7,   1919.     In   effect  July   22,   1919.     Stats. 


1919,  p.  365. 

The  purpose  of  this  act  as  expressed  in 
the  concluding  paragraph  of  section  one 
thereof    was    to    correct   a   clerical   error    in 


the  description  cont.iined  In  of   the  original 
act.  See,  ante,  Act  1288. 


COl  DRAINAGE    DISTRICTS.  Acts  l::90,  1291,  §  1 

LOS  ANGELES  COUNTY  DRAINAGE  DISTRICT  IIMPROVEMENT  NO.  1. 
ACT  1290 — An  act  validating  the  formation  and  organization  of  Los  Angeles  County 
Drainage  District  Improvement  No.  1  under  the  provisions  of  an  act  of  the  legis- 
lature of  the  state  of  California,  approved  March  21,  1903,  as  amended  May  7,  1915, 
and  entitled  as  amended  "An  act  to  promote  the  drainage  of  wet,  swamp  and 
overflowed  lands,  and  to  promote  the  public  health  in  the  communities  in  which 
they  lie,  providing  for  the  issuance  of  bonds  and  levying  of  assessments  on  lands 
benefited,  to  pay  the  costs  and  expenses  thereof." 

History:     Approved   May  4,   1917.     In   effect  July   27,   1917.     Stats. 
1917,  p.  227. 

Los  Angeles  county  drainage  district  improvement  No.  1,  validated. 

§  1.  Los  Angeles  County  Drainage  District  Improvement  No.  1,  organized,  formed 
and  established  under  the  provisions  of  an  act  of  the  legislature  of  the  state  of 
California,  approved  March  21,  1903,  amended  May  7,  1915,  and  entitled  as  amended 
"An  act  to  promote  the  drainage  of  wet  swamp  and  overflowed  lands,  and  to  promote 
the  public  health  in  the  communities  in  which  they  lie,  providing  for  the  issuance 
of  bonds  and  levying  of  assesments  on  lands  benefited,  to  pay  the  costs  and  expenses 
thereof,"  and  all  proceedings  leading  to  such  organization,  formation  or  establish- 
ment of  such  district,  are  hereby  aflSrmed  and  validated,  and  such  district  is  hereby 
declared  to  be  duly  organized  and  incorporated;  and  all  the  powers  given  to  such 
district  and  the  officers  thereof  by  said  act  are  hereby  declared  to  be  enjoyed  by  said 
district,  and  all  the  acts  of  said  district  and  its  oflacers  are  hereby  ratified  and  approved. 

LOS  ANGELES  COUNTY  DRAINAGE  IMPROVEMENT  DISTRICT  NO.  3. 
ACT  1291 — An  act  validating  the  formation  and  organization  and  proceedings  of 
Los  Angeles  county  drainage  improvement  district  niimber  three  under  the  provi- 
sions of  an  act  of  the  legislature  of  the  state  of  California,  approved  March  21, 
1903,  as  amended  May  7,  1915,  and  entitled  as  amended:  "An  act  to  promote  the 
drainage  of  wet,  swamp  and  overflowed  lands,  and  to  promote  the  public  health 
in  the  communities  in  which  they  lie,  providing  for  the  issuance  of  bonds  and 
levying  of  assessments  on  lands  benefited,  to  pay  the  cost  and  expenses  thereof." 

History:    Approved  April  21,  1919.     In  effect  July  22,  1919.     Stats. 
1919,  p.  135. 

Los  Angeles  county  drainage  improvement  district  No.  3,  validated. 

§  1.  Los  Angeles  county  drainage  improvement  district  No.  3,  organized,  formed 
and  established  under  the  provisions  of  an  act  of  the  legislature  of  the  state  of 
California,  approved  March  21,  1903,  amended  May  7,  1915,  and  entitled  as  amended, 
"An  act  to  promote  the  drainage  of  wet,  swamp  and  overflowed  lands,  and  to 
promote  the  public  health  in  the  communities  in  which  they  lie,  providing  for  the 
issuance  of  bonds  and  levying  of  assessments  on  lands  benefited,  to  pay  the  cost 
and  expenses  thereof,"  and  all  proceedings  leading  to  such  organization,  formation 
or  establishment  of  such  district,  and  all  acts  and  proceedings  leading  up  to  and 
providing  for  the  issuance  of  the  bonds  of  said  district,  are  hereby  legalized, 
ratified,  confirmed  and  declared  valid,  and  such  bonds  are  declared  to  be  the 
legal  and  binding  obligation  of  and  against  said  district;  that  all  the  powers  given 
to  such  district  and  the  officers  thereof  by  said  act  are  hereby  declared  to  be 
en.ioyed  by  said  district,  and  all  the  acts  of  said  district  and  its  olficers  are  hereby 
ratified  and  approved. 


Acts  1292,  1293  GENERAL   LAWS.  002 

MERCED  COUNTY  DRAINAGE  IMPROVEMENT  DISTRICT  NO.  1. 

ACT   1292 — An   act  validating   the   formation   and    organization,    and    determining 

the   boundaries   of   drainage  improvement  district  number   one   of  the  county   of 

Merced,  state  of  California. 

History:    Approved  January  29,  1917.     In  effect  immediately.     Stata. 
1917,  p.  3. 

Drainage  improvement  district  No.  1,  Merced  county,  validated. 

§  1.  Drainage  Improvement  District  number  one  of  the  county  of  Mei'ced,  state 
of  California,  as  formed  and  organized  by  the  board  of  supervisors  of  said  Merced 
county,  and  as  now  existing,  is  herebj'  recognized  and  declared  valid,  and  all  pro- 
ceedings on  the  formation  and  organization  thereof  are  hereby  approved,  ratified  and 
declared  valid. 

Boundaries. 

§  2.  The  boundaries  of  said  district,  as  fixed  by  the  board  of  supervisors  of  said 
Merced  county  are  hereby  approved  and  declared  to  be  as  follows : 

Commencing  at  the  northeast  corner  of  section  two,  township  seven  south,  raugj 
eleven  east,  Mount  Diablo  base  and  meridian;  thence,  following  section  lines,  south 
three  miles  to  the  southeast  corner  of  section  fourteen,  of  said  township  and  range ; 
thence,  following  section  lines,  west  two  miles,  to  the  southwest  corner  of  section 
fifteen,  said  township  and  range;  thence,  following  section  line,  north  one  mile  to 
the  northwest  corner  of  said  section  fifteen;  thence  east  three-eighths  mile;  thence 
north  one-half  mile ;  thence  east  three-sixteenths  mile ;  thence  north  one-quarter  mile : 
thence  east  seven-sixteenths  mile;  thence  north  one-quarter  mile  to  the  northeast 
corner  of  section  ten,  said  township  and  range;  thence,  following  section  line,  nortn 
seven-eighths  mile  to  a  point  on  the  continuation  easterly  of  the  southerly  line  of 
lot  one  of  the  San  Joaquin-Eucalyptus  Company's  subdivision;  thence  westerly  along 
lot  lines  to  the  southwest  corner  of  lot  four  of  said  subdivision;  thence  northerly  along 
lot  line  and  the  continuation  thereof  to  the  north  line  of  section  three,  said  township 
and  range;  thence  following  section  lines  east  one  and  one-eighth  miles,  more  or  less, 
to  the  point  of  commencement. 

Urgency  measure. 

§  3.  Inasmuch  as  there  are  in  said  district  bodies  of  stagnant  water  in  close  proximity 
to  communities,  neighborhoods  and  a  large  number  of  residences;  and  inasmuch  as 
said  bodies  of  stagnant  water  are  injurious  to  the  health  of  the  said  residents,  and 
of  the  inhabitants  of  said  communities  and  neighborhoods,  and  for  the  preservatior. 
of  the  safety  and  health  of  the  public,  must  be  drained;  and  inasmuch  as  this  act  i  • 
necessai-y  to  provide  ample  power  for  the  drainage  of  said  bodies  of  stagnant  water, 
it  is  hereby  determined  and  declared  that  this  act,  and  each  and  all  of  the  provisions 
thereof,  constitute  and  is  an  urgency  measure  necessary  for  the  immediate  preserva- 
tion of  the  public  safety  and  health  within  the  meaning  of  section  one  of  article  IV 
of  the  constitution  and  shall  take  effect  and  be  in  full  force  immediately  from  and 
after  its  passage. 

MERCED  COUNTY  DRAINAGE  IMPROVEMENT  DISTRICT  NO.  2. 

ACT  1293 — An  act  validating  the  formation  and  organization,  and  determining  the 
boundaries  of  drainage  improvement  district  number  two  of  the  county  of  Merced, 
state  of  California. 

History:    Approved  January  29,  1917.    In  effect  immediately.     Stat3. 
1917,  p.  4. 


603  DRAINAGE    DISTRICTS,  Act  1393,  §§  1-3 

Drainage  improvement  district  No.  2,  Merced  county,  validated. 

§  1,  Drainage  improvement  district  number  two  of  the  county  of  Merced,  state  of 
California,  as  formed  and  organized  by  the  board  of  supervisors  of  said  county  of 
Merced,  and  as  now  existing,  is  hereby  recognized  and  declared  valid,  and  all  proceed- 
ings on  the  formation  and  organization  thereof  are  hereby  approved  and  declared  valid. 

Boundaries. 

§  2.  The  boundaries  of  said  district,  as  fixed  by  the  board  of  supervisors  of  said 
Merced  county  are  hei'eby  approved  and  declared  to  be  as  follows: 

Commencing  at  the  northeast  corner  of  section  six,  township  seven  south,  range 
thirteen  east,  Mount  Diablo  base  and  meridian;  thence  south  on  the  east  line  of 
sections  six  and  seven  to  the  intersection  of  the  north  line  of  the  California  state 
highway;  thence  northwesterly  along  said  highway  to  a  point  that  is  at  right  angles 
northeasterly  from  the  northwest  corner  of  lot  five  of  Buhach  colony;  thence  south- 
westerly on  the  lot  lines  to  a  point  ten  chains  southwest  of  the  northwest  corner  of 
said  lot  five;  thence  northwesterly  parallel  with  the  right  of  way  of  the  Central  Pacific 
Railroad  to  a  point  on  the  easterly  line  of  lot  two  of  Buhach  colony  ten  chains  south- 
west of  the  northeast  comer  of  said  lot;  thence  southwesterly  on  lot  lines  to  the  south- 
east corner  of  lot  twenty-four;  thence  southeasterly  to  the  northeast  comer  of  lot 
thirty-one;  thence  southwesterly  to  the  southeast  corner  of  lot  thirty-one;  thence 
south  to  the  southeast  corner  of  lot  fifty-seven;  thence  west  to  the  southwest  corner 
of  lot  fifty-seven;  thence  south  on  the  westerly  line  of  lot  fifty-six  to  the  southerly 
line  of  canal  right  of  way;  thence  southeasterly  along  said  canal  right  of  way  through 
lots  fifty-six,  fifty-five,  fifty,  fifty-one  and  fifty-two  to  the  east  line  of  lot  fifty-two; 
thence  south  to  the  southeast  corner  of  lot  fifty-three,  all  in  Buhach  colony;  thence  west 
one  mile  to  the  northeast  corner  of  section  twenty- three ;  thence  south  one  mile  to  the 
southeast  corner  of  section  twenty-three;  thence  west  one-half  mile;  thence  north  one 
mile;  thence  west  one-half  mile  to  the  southwest  corner  of  section  fourteen;  thence 
north  one-half  mile;  thence  west  one-fourth  mile;  thence  north  one-fourth  mile;  thence 
west  three-eighths  mile;  thence  north  one-fourth  mile;  thence  east  one  and  three-eighths 
miles  to  the  southeast  corner  of  lot  thirty,  Atwater  colony;  thence  north  one  mile  to 
the  northeast  corner  of  lot  three,  Atwater  colony;  thence  west  to  the  northwest  corner 
of  lot  four  of  said  colony;  thence  north  to  the  north  line  of  the  state  highway;  thence 
northwesterly  along  state  highway  to  the  west  line  of  section  two,  township  seven  south, 
range  twelve  east.  Mount  Diablo  base  and  meridian;  thence  north  to  the  northwest 
corner  of  section  two;  thence  west  to  the  quarter  corner  on  the  south  line  of  section 
thirty-four,  township  six  south,  range  twelve  east.  Mount  Diablo  base  and  meridian; 
thence  north  one  and  one-half  miles  to  the  center  of  section  twenty-seven;  thence  east 
about  one-half  mile  to  the  intersection  of  the  westerly  line  of  the  Livingston  canal 
right  of  way;  thence  southeasterly  along  the  southerly  line  of  said  canal  right  of  way 
to  the  south  line  of  section  twenty-six;  thence  east  to  the  northeast  coi'ner  of  section 
thirty-five;  thence  south  about  one-half  mile  to  the  south  line  of  said  canal  right 
of  way;  thence  southeasterly  along  the  south  line  of  said  canal  right  of  way  to  the 
intersection  of  the  south  boundary  of  section  thirty-one  of  township  six  south,  range 
thirteen  east,  Mount  Diablo  base  and  meridian;  thence  east  about  three-fourths  mile 
to  the  place  of  commencement. 

Urgency  measure. 

^  3.  Inasmuch  as  there  are  in  said  district  bodies  of  stagnant  water  in  close  prox- 
imity to  a  large  number  of  residences;  and  inasmuch  as  said  bodies  of  stagnant  water 
are  injurious  to  the  health  of  the  inhabitants  of  said  community  and  for  the  preserva- 
tion of  the  safety  and  health  of  the  public,  must  be  drained;  and  inasmuch  as  this 
act  is  necessary  to  provide  ample  power  for  the  drainage  of  said  bodies  of  stagnant 


Aots  12»4-1302  GENERAIv   I.AAVS.  G04 

water,  it  is  hereby  determined  aud  declared  that  this  act,  and  each  and  all  of  the 
provisions  thereof,  constitute  and  is  an  urgency  measure  necessary  for  the  immediate 
preservation  of  the  })ublic  safety  and  health  within  the  meaning  of  section  one,  article 
IV  of  the  constitution  and  shall  take  effect  and  be  in  full  force  immediately  from  and 
after  its  passage. 

SACRAMENTO  RIVER  DRAINAGE  DISTRICT. 
ACT  1294 — An  act  creating  Sacramento  river  drainage  district,  establishing  a  board  of 
commissioners  therefor  and  defining  their  powers  and  duties. 

History:   Approved  April  1,  1878,  Stats.  1877-78,  p.  987. 

YOLO  BASIN  DRAINAGE  DISTRICT. 
ACT  1295 — An  act  to  create  a  drainage  district  to  be  called  Yolo  basin  drainage  district, 
to  promote  drainage  therein,  and  to  provide  for  the  management  and  control  of  said 
drainage  district.  ' 

History:    Approved  April  21,  1909,  Stats.  1909,  p.  1024. 

YOLO  AND  COLUSA  DRAINAGE  DISTRICT. 
ACT  1296 — An  act  to  provide  for  the  drainage  of  certain  lands  in  the  counties  of  Colusa 

and  Yolo. 

History:    Approved  April  1,  1878,  Stats.  1877-78,  p.  1037. 

This  act  created  the  Colusa  and  Yolo  Drainage  District,  and  provided  for  its  government. 

DRAINAGE  DISTRICT  NO.  100  BUTTE  COUNTY— VALIDATION. 
ACT  1296a — An  act  to  recognize  and  declare  valid  all  proceedings  in  drainage  district 
number  one  hundred  of  Butte  county. 

History:    Approved  April  4,  1919.   In  effect  July  22,  1919.   Stats.  1919, 
p.  32. 

Drainage  district  No.  100  Butte  county  validated. 

^  1.  Drainage  district  number  one  hundred  of  Butte  county,  as  formed  by  the  board 
of  supervisors  of  the  county  of  Butte,  state  of  California,  and  as  now  existing,  is  hereby 
recognized  and  declared  valid  and  all  proceedings  on  the  organization  and  formation 
thereof  are  hereby  approved  and  in  all  respects  declared  valid. 

DRUGS. 
See  tits.  "Adulteration";  "Pharmacy";  "Poisons.** 

DUNSMUIR. 
See  Act  3094,  note. 

CHAPTER  93. 

DWELLING  HOUSES. 
References:  See  tits.  "Buildings";  "Tenement  Houses." 

CONTENTS  OF  CHAPTER. 
ACT  1302.     "State  Dwelling  House  Act." 

STATE  DWELLING  HOUSE  ACT. 
ACT  1302 — An  act  to  regulate  the  construction,  reconstruction,  moving,  alteration., 
maintenance,  use  and  occupancy  of  dwellings,  and  the  maintenance,  use  and  occupancy 
of  the  premises  and  land  on  which  dwellings  are  erected  or  Icceted,  in  incorporated 
towns,  incorporated  cities,  and  incorporated  cities  and  counties,  and  to  provide  pen- 
alties for  the  violation  thereof. 

History:    Approved  May  31,  1917.    In  eli'ect  September  1,  1917.    Stats. 
1917,  p.  1461. 


nOO  DWIi^LLING   HOUSES.  Act  1302.  §§  1-3 

Title. 

$  1.  This  act  shall  be  known  as  the  "state  dwelling-house  act,"  and  its  provisions 
shall  apply  to  incorporated  towns,  incorpurated  cities,  and  incorporated  cities  and 
counties  of  this  state. 

Duty  of  building  department. 

$  2.  It  shall  be  the  duty  of  the  "building  department"  of  every  incorporated  town, 
incorporated  city,  and  incorporated  city  and  county,  to  enforce  all  the  provisions  of 
this  act  pertaining  to  the  erection,  construction,  reconstruction,  moving,  conversion, 
alteration  and  arrangement  of  dwellings. 

Duty  of  housing  departments. 

It  shall  be  the  duty  of  the  "housing  department"  of  every  incorporated  town,  incor- 
porated city,  and  incorporated  city  and  county  to  enforce  all  the  provisions  of  this 
act  pertaining  to  the  maintenance,  sanitation,  ventilation,  use  and  occupancy  of  dwell- 
ings after  said  dwellings  have  been  erected,  constructed  or  altered,  as  the  case  may  be. 

In  case  no  such  departments. 

In  the  event  that  there  is  no  building  department  or  no  housing  department  in  an 
incorporated  town,  incorporated  city,  or  incorj^orated  city  and  county,  it  shall  be  the 
duty  of  the  officer  or  officers  who  are  charged  with  the  enforcement  of  ordinances  and 
laws  regulating  the  erection,  construction  or  alteration  of  buildings,  or  the  maintenance, 
sanitation,  ventilation  or  occupancy  of  buildings,  or  of  the  police,  fire  or  health 
regulations  in  said  incorporated  town,  incorporated  city,  or  incorporated  city  and 
county  to  enforce  all  the  provisions  of  this  act. 

Every  incorporated  town,  incorporated  city,  or  incorporated  city  and  county  in  the 
state  of  California  shall  have,  and  it  is  hereby  empowered  and  given  authority  to 
designate  and  charge  by  ordinance  any  other  department  or  officer  than  the  department 
or  officers  mentioned  herein,  with  the  enforcement  of  this  act,  or  any  portion  thereof. 

Powers  of  commission  of  immigration  and  housing. 

The  commission  of  immigration  and  housing  of  California  shall  have,  and  it  is  hereby 
empowered  and  given  authority  to  enforce  the  provisions  of  this  act,  which  do  not 
pertain  to  the  actual  erection,  construction,  reconstruction,  moving,  alteration  or 
an-angement  of  dwellings  in  all  incorporated  towns,  incorporated  cities,  and  incor- 
porated cities  and  counties,  in  the  state  of  California,  whenever  said  commission  finds 
or  discovers  a  violation  or  violations  of  the  provisions  of  this  act  and  notifies  the 
local  department  or  officer,  or  departments  or  officers  who  are  charged  with  the  enforce- 
ment of  the  provisions  of  this  act,  in  writing,  of  such  violation  or  violations,  and  the 
said  local  department  or  officer,  or  departments  or  officers,  fail,  neglect  or  refuse  to 
enforce  the  provisions  of  the  said  act  within  thirty  days  thereafter;  provided,  however, 
that  the  said  commission  of  immigration  and  housing  of  California  shall  enforce  the 
provisions  of  this  act  only  in  the  instances  specified  in  said  written  notice. 

Unlawful  to  construct  dwelling  contrary  to  act. 

§  3.  It  shall  be  unlawful  for  any  person,  firm  or  corporation,  whether  as  owner, 
agent,  contractor,  builder,  architect,  engineer,  superintendent,  foreman,  plumber,  tenant, 
lessee,  lessor,  occupant,  or  in  any  other  capacity  whatsoever  to  erect,  construct,  recon- 
struct, alter,  build  upon,  move,  convert,  use,  occupy  or  maintain,  or  to  cause,  permit  or 
suffer  to  be  erected,  constructed,  reconsti-ucted,  altered,  built  upon,  moved,  converted, 
used,  occupied  or  maintained  any  dwelling  or  any  portion  thereof  contrary  to  the  pro- 
visions of  this  act,  or  to  commit  or  maintain  or  cause  or  permit  to  be  committed  or 
maintained  any  nuisance  in  or  upon  any  dwelling  or  any  portion  thereof,  or  any  of  the 
premises,  which  are  a  part  thereof,  or  which  are  required  by  the  provisions  of  this  act; 


Act  1302,  §§  4-7  GENERAL   LAWS.  606 

or  to  do  or  to  cause  to  be  done,  or  to  use  or  cause  to  be  used,  any  privy,  sewer,  cesspool, 
plumbing  or  house  drainage  affecting  the  sanitary  condition  of  any  dwelling  or  any 
]jortion  thereof,  or  of  the  premises  thereof,  contrary  to  any  of  the  provisions  of  this 
act. 

Alterations. 

$  4.  It  shall  be  unlawful  for  any  person  to  make  any  alterations  or  changes  of  any 
kind  whatsoever,  to  any  dwelling  erected  prior  to  the  passage  of  this  act,  or  to  any 
dwelling  hereafter  erected,  in  any  manner  which  would  be  inconsistent  with  any  of  the 
provisions  of  this  act,  or  in  violation  of  the  said  provisions  of  this  act;  or  in  any 
manner  to  diminish  the  size  of  the  windows,  or  to  remove  any  window  or  windows  from 
the  rooms  contrary  to  any  of  the  provisions  of  this  act. 

Building  converted  to  use  as  dwelling.    Building  moved. 

§  5.  A  building  not  erected  for,  or  which  is  not  used  as  a  dwelling  at  the  time  of 
the  passage  of  this  act,  if  hereafter  converted  to  or  altered  for  such  use,  shall  there- 
upon become  subject  to  all  the  provisions  of  this  act  affecting  a  dwelling  hereafter 
erected. 

A  building  used  as  a  dwelling  at  the  time  of  the  passage  of  this  act,  if  moved,  shall 
be  made  to  conform  to  all  of  the  provisions  of  this  act  affecting  dwellings  hereafter 
erected,  in  so  far  as  they  pertain  to  unoccupied  area. 

Penalty  for  violation. 

§  6.  Any  person,  firm  or  corporation  violating  any  of  the  provisions  of  this  act  shall 
be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  punished  by 
a  fine  not  exceeding  five  hundred  dollars,  or  by  imprisonment  in  a  county  jail  not 
exceeding  six  months,  or  by  both  such  fine  and  imprisonment. 

Procedure. 

Except  as  herein  otherwise  specified,  the  procedure  for  the  prevention  of  violations 
of  this  act,  for  the  vacation  of  dwellings  or  premises  unlawfully  occupied,  or  for  the 
abatement  of  a  nuisance  in  connection  with  a  dwelling  or  the  premises  thereof,  shall 
be  as  set  forth  in  the  charter  and  ordinances  of  the  municipality  in  which  the  procedure 
is  instituted. 

Power  to  enter  building. 

$  7.  The  department  or  departments  charged  with  the  enforcement  of  this  act  in  any 
incorporated  town,  incorporated  city  or  incorporated  city  and  county,  and  the  authorized 
officers,  agents  or  employees  of  such  department  or  departments  may,  whenever  neces- 
sary, enter  dwellings  or  portions  thereof,  or  the  premises  thereof,  within  the  corporate 
limits  of  such  towns,  cities,  or  cities  and  counties,  for  the  purpose  of  inspecting  such 
buildings,  in  order  to  secure  compliance  with  the  provisions  of  this  act  and  to  prevent 
violations  thereof. 

The  members  of  the  commission  of  immigration  and  housing  of  California  and  the 
agents,  officers  or  employees  of  said  commission  may,  whenever  necessary,  enter  dwell- 
ings or  portions  thereof,  or  the  premises  thereof,  for  the  purpose  of  inspecting  such 
buildings  in  order  to  secure  compliance  with  the  provisions  of  this  act  and  to  prevent 
violations  thereof. 

The  owner  or  his  authorized  agent  may,  whenever  necessary,  enter  dwellings,  or 
portions  thereof,  or  the  premises  thereof,  owned  by  him,  to  carry  out  any  instructions 
or  to  perform  any  work  required  to  be  done  by  the  provisions  of  this  act;  provided, 
however,  that  the  authority  to  enter  buildings,  as  in  this  section  given  to  the  persons 
hereinbefore  enumerated,  shall  not  be  construed  or  deemed  to  apply  to  the  entering  of 
any  such  building  between  the  hours  of  six  o  'clock  p.  m.  of  any  day  and  six  o  'clock 


607  DW  ELLING   HOUSES.  Act  1302,  §  8 

a.  m.  of  the  succeeding  day,  without  the  consent  of  the  owner  or  of  the  occupants  of 
such  buildings;  but  in  no  event  shall  the  authority  in  this  section  given  be  construed 
as  permitting  any  of  the  persons  hereinbefore  enumerated  to  enter  any  such  buildings 
in  the  absence  of  the  occupants  thereof  without  a  proper  written  order,  duly  executed 
b}'  a  competent  court  authorized  to  issue  such  orders. 

Definitions. 

§  8.  For  the  purpose  of  this  act,  certain  words  and  phrases  are  defined  as  follows, 
unless  it  shall  be  apparent  from  their  context  that  they  have  a  different  meaning: 

Words  used  in  the  singular  include  the  plural,  and  the  plural,  the  singular. 

Words  used  in  the  present  tense  include  the  future. 

Words  used  in  the  masculine  gender  include  the  feminine,  and  the  feminine,  the 
masculine. 

Words  "building  department,"  ** housing  department,"  "department  charged  with 
the  enforcement  of  this  act,"  shall  be  construed  as  if  followed  by  the  words,  "of  the 
incorporated  town,  incorporated  city,  or  incorporated  city  and  county,"  as  the  case  may 
be,  in  which  the  dwelling  is  situated. 

"Apartment." 

"Apartment"  is  a  room  or  suite  of  rooms  which  is  occupied,  or  is  intended  or 
designed  to  be  occupied  by  one  family  for  living  and  sleeping  purposes. 

' '  Basement. ' ' 

"Basement"  is  any  story  or  portion  thereof  partly  below  the  level  of  the  curb  or 
the  actual  adjoining  ground  level,  the  ceiling  of  which  in  no  part  is  less  than  seven 
feet  above  the  curb  level  or  actual  adjoining  ground  levels.  If  the  adjoining  ground 
is  excavated  to  or  below  the  curb  level,  such  excavated  space  shall  have  not  less  than 
the  minimum  width  and  length  required  in  this  act  for  outer  courts. 

"Building." 
"Building"  is  a  dwelling. 

"Building  department." 

"Building  department"  means  the  commissioner  of  buildings,  superintendent  of 
buildings,  chief  inspector  of  buildings,  or  any  officer  or  department  charged  with  the 
enforcement  of  ordinances  and  laws  regulating  the  construction  and  alteration  of 
buildings  or  structures. 

"Cellar."' 

"Cellar"  is  any  story  or  portion  thereof,  the  ceiling  of  which  is  less  than  seven 
feet  above  the  curb  level  and  actual  adjoining  ground  levels. 

"Curb  level." 

"Curb  level"  is  the  curb  level  opposite  the  center  of  the  front  of  lot,  and  in  the 
event  that  a  curb  has  not  been  established  shall  be  deemed  to  be  the  average  ground 
level  at  the  front  of  lot. 

"Department." 

"Department."  Wherever  the  word  "department"  is  used  it  means  the  building 
department,  the  housing  department  or  such  other  department  or  officer,  or  depart- 
ments or  officers,  who  are  charged  with  the  enforcement  of  the  provisions  of  this  act. 

"Dwelling." 

"Dwelling"  is  as  follows: 

(a)  Any  house  or  building,  or  any  portion  thereof,  which  contains  not  more  than 
two  apartments,  or  not  more  than  live  guest  rooms,  or, 


Act  1302,  §8  GENEllAI.   LAWS.  COS 

(b)  An^'  house  or  building  or  any  portion  thereof,  not  more  than  one  story  in  height, 
which  contains  more  than  two  apartments,  or, 

(c)  Any  house  or  building,  or  any  portion  thereof,  of  more  than  one  story  and  not 
more  than  two  stories  in  height,  which  is  designed,  built,  rented,  leased,  let  ov  hired  out 
to  be  occupied,  or  is  occupied,  as  the  home  or  residence  of  not  more  than  foui  families, 
(four  apartments)  and  Avhich  is  so  arranged  that  each  of  the  said  families  live  inde- 
pendently of  each  other,  and  which  building  is  constructed  and  arranged  so  that  a 
separate  section  is  or  may  be  kept  as  a  home  or  a  residence  of  a  separate  family.  Each 
such  section  having  an  entirely  independent  and  separate  entrance,  and  if  a  stairway 
is  required,  one  separate  stairway  leading  to  each  section  from  the  street  or  from 
an  outside  vestibule  on  the  level  of  the  first  floor  of  said  building,  and  with  no  room, 
hallway,  bathroom,  water-closet  or  kitchen  used  in  common  by  two  or  more  families 
occupying  the  said  building. 

"Family." 

"Family"  is  one  person  living  alone  or  a  group  of  two  or  more  persons  living  to- 
gether in  an  apartment,  whether  related  to  each  other  by  birth  or  not. 

"Guest." 

' '  Guest  '•'  is  any  person  hiring  and  occupying  a  room  for  sleeping  purposes,  and  shall 
include  both  boarders  and  lodgers. 

"Guest  room." 

"Guest  room"  is  a  room  which  is  occupied,  or  is  intended,  arranged  or  designed  to 
be  occupied,  for  sleeping  purposes  by  one  or  more  guests. 

' '  Housing  department. ' ' 

"Housing  department"  is  any  department  or  commission  charged  with  the  enforce- 
ment of  ordinances  or  laAvs  regulating  the  occupancy  and  maintenance  of  dwelling 
house  buildings;  and  where  no  such  department  is  maintained,  shall  be  deemed  to  be 
the  health  commissioner,  the  department  of  health,  health  officer,  or  similar  department 
charged  with  the  enforcement  of  laws  and  ordinances  regulating  the  maintenance  and 
oceui>ancy  of  buildings  or  structures  and  of  the  health  and  sanitary  requirements. 

"Lot." 

* '  Lot "  is  a  parcel  or  area  of  land  on  which  is  situated  a  dwelling,  together  with  the 
land,  and  unoccupied  spa'-es  for  such  a  dwelling,  as  required  by  this  act;  all  of  which 
land  shall  be  owned  by  or  be  under  the  absolute  lawful  control  and  in  the  lawful 
possession  of  the  dwelling. 

"Nuisance." 

"Nuisance"  embraces  public  nuisance  as  known  at  common  law  or  in  equity  juris- 
prudence, and  whatever  is  dangerous  to  human  life  or  detrimental  to  health,  and  shall 
also  embrace  the  overcrowding  with  occupants  of  any  room,  insufficient  ventilation, 
or  inadequate  or  insanitary  sewerage  or  plumbing  facilities,  or  unoleanliness,  and 
whatever  renders  air,  food  or  drink  unwholesome  or  detrimental  to  the  health  of 
human  beings. 

"Person." 

"Person"  is  a  natural  person,  his  heirs,  executors,  administrators  or  assigns;  also 
includes  a  firm,  partnership  or  a  corporation,  its  or  their  successors  or  assigns. 

"Shall." 
"Shall."     Wherever  this  word  is  used  it  shall  be  mandatory. 


609  DWELLING   HOUSEIS.  Act  1302,  §§  0-14 

"Street." 

"Street"  is  any  public  street,  alley,  thoroughfare  or  park  having  a  minimum  width 
of  sixteen  feet,  measured  from  the  front  of  lot  to  the  opposite  front  of  lot,  and  shall 
have  been  dedicated  or  deeded  to  the  public  for  public  use. 

Constmcted  in  substantial  manner. 

5  9.  Every  dwelling  hereafter  erected  shall  be  constructed  in  a  substantial  manner; 
and  the  building  shall  be  so  constructed  as  to  provide  shelter  to  the  occupants  against 
the  elements,  and  so  as  to  exclude  dampness  in  inclement  weather. 

Sleeping  in  cellar. 

$  10.  In  no  dwelling  shall  any  room  in  the  cellar  be  constructed,  altered,  converted 
or  occupied  for  living  or  sleeping  purposes. 

Booms  in  basement. 

§  11.  In  no  dwelling  shall  any  room  in  the  basement  be  constructed,  altered,  con- 
verted or  occupied  for  living  purposes  unless  it  conforms  to  all  of  the  requirements  of 
ihis  act  for  rooms  in  other  parts  of  the  building,  and  that  the  ceiling  of  each  such 
room  be  in  all  parts  not  less  than  seven  feet  above  the  adjoining  ground  levels. 

All  the  walls  below  the  ground  level  and  the  floors  of  such  a  basement  shall  be 
dampproofed  and  waterproofed.  Such  dampproofing  and  waterproofing  shall  run 
through  the  walls  and  up  as  high  as  the  ground  level  and  continue  throughout  the 
Moor. 

Every  basement  in  such  buildings  shall  be  illuminated  and  ventilated. 

Ventilation  beneath  floor. 

§  12.  In  every  dwelling  hereafter  erected  there  shall  be  provided  a  clear  air  space 
under  the  lowest  floor  thereof  of  at  last  six  inches,  except  where  three  is  a  ventilated 
basement  or  cellar  underneath  such  floor,  which  clear  air  space  shall  be  enclosed  and 
provided  with  a  sufficient  number  of  openings  with  removable  screens,  or  similar  pro- 
visions, of  a  size  to  insure  ample  ventilation.  The  surface  underneath  the  floor  shall 
be  kept  dry,  drained,  clean  and  free  from  any  accumulation  of  rubbish,  debris  or  filth. 

Floor  area. 

The  provisions  of  this  section  shall  not  be  deemed  to  apply  to  masonry  floors  laid 
directly  on  the  soil,  nor  to  any  self-supporting  masoni-y  floor. 

Width  and  height. 

§  13.  In  every  dwelling  hereafter  erected,  every  room  used  for  living  or  sleeping 
purposes  shall  contain  at  least  ninety-square  feet  of  superficial  floor  area. 

Every  such  room  shall  at  every  point  be  not  less  than  seven  feet  in  width,  nor  less 
than  eight  feet  in  height  measured  from  the  finished  floor  to  the  finished  ceiling; 
except  that  attic  rooms  and  rooms  where  sloping  ceilings  occur  need  be  eight  feet  in 
height  in  but  one-half  the  area  of  the  room. 

Every  water-closet  compartment  shall  be  not  less  than  thirty-six  inches  in  width 
and  every  such  compartment  and  bath  or  shower  compartment  shall  have  a  height  of 
not  less  than  seven  feet  six  inches  measured  from  the  finished  floor  to  the  finished 
ceiling. 

Windows. 

§  14.  In  every  dwelling  hereafter  erected,  every  room  used  for  living  or  sleeping 
purposes  and  eveiy  kitchen,  water-closet  compartment,  shower  or  bathroom,  shall  have 
at  least  one  window,  of  the  area  fixed  by  this  act,  opening  directly  upon  a  street,  or 
upon  unoccupied  area  not  less  than  four  in  its  least  dimension  and  containing  an  area  of 
not  less  than  thirty-six  square  feet,  and  located  on  the  same  lot. 

Gon.  Laws — 39 


Act  1302,  §§  15-19  GENERAL  LAWS.  610 

Cornice. 

A  cornice  may  extend  into  the  unoccupied  area  two  inches  for  each  one  foot  in 
width  of  such  unoccupied  area. 

Opening  into  vent  shaft.    Opening  through  porch. 

Windows  herein  required  shall  be  located  so  as  properly  to  light  all  portions  of  the 
room,  and  shall  be  made  so  as  to  open  in  all  parts  and  so  arranged  that  at  least  one- 
half  of  the  window  may  be  opened  unobstructed;  provided,  however,  that  the  windows 
required  by  this  section  in  a  water-closet  compartment  or  bath  or  shower  room  may  be 
opened  directly  into  a  vent  shaft,  such  vent  shaft  to  be  in  no  dimension  less  than 
eighteen  inches;  provided,  further,  that  windows  required  to  open  onto  a  street  or  onto 
unoccupied  area  may  open  through  porches,  provided  that  the  said  porches  do  not 
exceed  seven  feet  in  depth,  measured  at  right  angles  to  the  windows  and  that  at  least 
seventy-five  per  cent  of  the  entire  side  of  the  porch,  bounded  by  the  street  or  unoccu- 
pied area  is  left  open,  except  that  the  open  space  may  be  enclosed  with  mosquito 
screens. 

Window  area. 

$  15.  In  every  dwelling  hereafter  erected  the  total  window  area  in  each  room  used 
for  living  or  sleeping  purposes  shall  be  at  least  one-eighth  of  the  superficial  floor  area 
of  the  room. 

All  measurements  for  window  area  shall  be  taken  to  outside  of  sash. 

§  16.  In  every  dwelling  hereafter  erected,  the  window  area  in  a  water-closet  com- 
partment or  bathroom  shall  be  not  less  than  three  square  feet. 

Water-closets. 

5  17.  Every  dwelling  hereafter  erected  shall  be  provided  with  one  water-closet  for 
each  family  living  therein. 

Plumbing  fixtures. 

§  18.  In  every  dwelling  hereafter  erected  every  plumbing  fixture  shall  be  provided 
with  running  water. 

Every  plumbing  fixture  affecting  the  sanitary  drainage  system  in  dwellings  here- 
after erected  shall  be  properly  connected  with  the  street  sewer,  if  a  street  sewer  exists 
in  the  street  abutting  the  lot  on  which  the  building  is  located  and  is  ready  to  receive 
connections.  When  it  is  impracticable  to  connect  such  plumbing  fixtures  with  a  street 
sewer,  then  the  plumbing  fixtures  shall  be  connected  and  drained  into  a  cesspool  con- 
structed satisfactorily  to  the  department  charged  with  the  enforcement  of  this  act; 
or  some  other  means  of  sewage  disposal  satisfactory  to  the  department  charged  with 
the  enforcement  of  this  act  may  be  made  until  such  time  as  it  may  become  practicable 
and  possible  to  connect  with  the  street  sewer. 

Where  no  running  water.    Privy. 

§  19.  Water-closets,  baths,  showers,  sinks,  slop-sinks,  faucets  and  other  plumbing 
fixtures  required  by  this  act  need  not  be  installed  in  the  event  that  the  dwelling 
hereafter  erected,  or  an  existing  dwelling  as  the  case  may  be,  is  situated  where  there  is 
no  running  water  and  where  there  is  no  practical  means  of  sewage  disposal,  until  such 
time  as  it  becomes  practicable  and  possible  to  obtain  running  water  and  means  of 
sewage  disposal;  provided,  in  evei-y  such  case  the  department  charged  with  the  enforce- 
ment of  this  act  shall  decide  whether  or  not  it  is  practicable  and  possible  to  provide 
running  water,  or  proper  means  of  sewage  disposal;  provided,  further,  that  proper 
toilet  facilities  shall  be  provided  for  the  use  of  the  occupants  of  such  building.  Such 
facilities  shall  be  made  sanitary.  A  privy,  or  toilet  other  than  a  water-closet,  erected 
under  the  authority  of  this  section  shall  consist  of  a  pit  at  least  three  feet  deep,  with 


611 


DAVELLING    HOUSES. 


Act  1302,  §§  20-22 


suitable  shelter  over  the  same  to  afford  privacy  and  protection  from  the  elements. 
The  openings  of  the  shelter  and  pit  shall  be  enclosed  by  fly  screening,  and  the  door  to 
the  shelter  shall  be  made  to  close  automatically,  by  means  of  a  spring  or  other  device. 
No  privy  pit  shall  be  allowed  to  become  filled  with  excreta  to  nearer  than  one  foot  from 
the  surface  of  the  ground,  and  the  excreta  in  the  pit  shall  be  covered  with  earth,  ashes, 
lime  or  similar  substances  at  regular  intervals. 

Earthenware  bowls  and  seats. 

$  20.  In  every  dwelling  hereafter  erected,  and  in  every  dwelling  now  existing,  all 
plumbing  fixtures  shall  be  properly  trapped  and  vented  and  all  such  plumbing  made 
sanitary  in  every  particulax*.  Water-closets  hereafter  installed  shall  have  earthenware 
bowls  and  shall  have  earthenware  seats,  or  seats  made  of  some  nonabsorbent  material 
integral  with  the  bowls,  or  wooden  seats,  enameled  or  varnished  or  otherwise  made 
nonabsorbent,  attached  directly  to  the  bowls.  All  connections  shall  be  of  standard 
lead,  iron,  steel  or  brass. 

No  plumbing  fixtures  shall  be  enclosed  with  woodwork,  but  the  space  under  and 
around  the  same  must  be  left  entirely  open. 

Cooking  in  bath  compartment. 

§  21.  It  shall  be  unlawful  for  any  person  to  cook  or  to  prepare  food,  or  to  permit 
or  suffer  any  person  to  cook  or  to  prepare  food  in  any  bath,  shower,  slop-sink  or  water- 
closet  compartment,  or  in  any  other  place  in  the  building  which,  in  the  judgment  of 
the  department  charged  with  the  enforcement  of  this  act,  is  detrimental  to  the  proper 
sanitation  of  such  building. 

Sleeping  in  cellar,  etc. 

It  shall  be  unlawful  for  any  person  to  live  or  sleep,  or  to  permit  or  suffer  anj'  person 
to  live  or  sleep,  in  any  cellar,  bath,  shower  or  slop-sink  room,  water-closet  compartment, 
hallway,  closet  or  kitchen,  or  in  any  other  place  which,  in  the  judgment  of  the  depart- 
ment charged  with  the  enforcement  of  this  act,  would  be  dangerous  or  prejudicial  to 
life  or  health  by  reason  of  want  of  light,  windows,  ventilation,  drainage,  or  on  account 
of  dampness,  offensive,  obnoxious  or  iDoisonous  odors  or  in  any  room  that  shall  be  so 
overcrowded  as  to  affoi'd  less  than  the  following  floor  space  for  each  occupant  in 
accordance  with  the  age  of  the  said  occupant: 

Floor  space  for  each  occupant. 


Number  of  persons  over  IS  years  of  age. 


1, 

2 

3. 
4, 
5. 
6. 


Number  of 

persons  under 

IS  years  of 

age. 


2 
4 
6 
8 
10 
12 


Superficial  floor 
area  required. 


60  square  feet 
120  square  feet 
180  square  feet 
240  square  feet 
300  square  feet 
360  square  feet 


Additional  floor  area  in  the  same  ratio  shall  be  provided  for  additional  persons. 

Repapering. 

$  22,  No  wall,  partition  or  ceiling  of  any  room  in  any  dwelling  shall  be  repapered, 
calcimined,  or  have  any  other  covering  placed  thereupon  unless  the  old  wall  paper  or 
other  covering  shall  have  first  been  removed  therefrom,  and  the  said  wall,  partition  or 
ceiling  cleaned,  disinfected  and  freed  from  bugs,  insects  or  vermin. 


Act  1302,  §§  23-28  GENERAL,   LAWS.  612 

Eepairs. 

$  23.  Every  dwelling  shall  be  maintained  in  good  repair.  The  roofs  shall  be  kept 
waterproof  and  all  storm  or  casual  water  properly  drained  and  conveyed  therefrona  to 
the  street  sewer,  storm  drain  or  street  gutter. 

Every  water-closet,  bathtub,  sink,  slop-hopper  or  other  similar  plumbing  fixture 
shall  at  all  times  be  kept  clean,  sanitary  and  in  good  working  order. 

Metal  mosctuito  screening. 

^  24.  There  shall  be  provided,  whenever  it  is  deemed  necessary  for  the  health  of  the 
occupants  of  any  dwelling  or  for  the  proper  sanitation  or  cleanliness  of  any  such 
building,  metal  mosquito  screening  of  at  least  sixteen  mesh,  set  in  tight-fitting  remov- 
able sash,  for  each  exterior  door,  window  or  other  opening  in  the  exterior  walls  of  the 
building. 

Garbage  cans. 

$  25.  There  shall  be  provided  by  the  occupant  or  tenant  for  each  dwelling  a  tight 
metal  receptacle,  with  close-fitting  metal  cover,  for  garbage,  refuse,  ashes  and  rubbish 
as  may  be  deemed  necessary  by  the  department  charged  with  the  enforcement  of  this 
act.    The  receptacles  shall  be  kept  in  a  clean  condition  by  the  occupants  or  tenants. 

Room,  etc..  kept  clean. 

$  26.  Every  room,  hallway,  passageway,  stairway,  wall,  partition,  ceiling,  floor,  sky- 
light, glass  window,  door,  carpet,  rug,  matting,  window  curtain,  water-closet,  compart- 
ment or  room,  toilet  room,  bathroom,  slop-sink  or  wash-room,  plumbing  fixture,  drain, 
roof,  closet,  cellar,  or  basement  in  any  dwelling,  and  the  lot,  and  the  premises  thereof, 
shall  be  kept  in  every  part  clean  and  sanitary  and  free  from  all  accumulation  of  debris, 
filth,  rubbish,  garbage  or  other  offensive  matter. 

Swill,  etc.,  not  to  be  deposited  in  plumbing  fixtures. 

No  person  shall  deposit,  or  cause  or  permit  any  person  to  deposit,  any  swill,  garbage, 
bottles,  ashes,  cans  or  other  improper  substance  in  any  water-closet,  sink,  slop-hopper, 
bathtub,  shower,  catch-basin,  or  in  any  plumbing  fixture  connection  or  drain  therefrom, 
or  otherwise  to  obstruct  the  same ;  or  to  place  or  cause  or  permit  to  be  placed  any  filth, 
urine  or  other  foul  matter  in  any  place  other  than  the  place  provided  for  same;  or  to 
keep  or  cause  or  permit  to  be  kept  any  urine  or  filth  or  foul  matter  in  any  room  or 
apartment  in  any  dwelling  or  in  or  about  the  said  building  or  premises  thereof  for  such 
length  of  time  as  to  create  a  nuisance. 

No  animals  in  dwelling. 

§  27.  No  horse,  cow,  calf,  swine,  sheep,  goat,  rabbit,  mule  or  other  animal,  chicken, 
pigeon,  goose,  duck  or  other  poultry  shall  be  kept  in  any  dwelling  house  or  any  part 
thereof;  nor  shall  any  such  animal  or  poultry,  nor  shall  any  stable,  be  kept  or  main- 
tained within  twenty  feet  of  any  window  or  door  of  such  building. 

Action  to  abate  nuisance.  Authority  to  execute  order. 

$  28.  In  case  any  dwelling,  or  any  part  thereof,  is  constructed,  altered,  converted  or 
maintained  in  violation  of  anj'  provisions  of  this  act  or  of  any  order  or  notice  of  the 
department  charged  with  its  enforcement,  or  in  case  a  nuisance  exists  in  any  such 
dwelling  or  building  or  structure  or  upon  the  lot  on  which  it  is  situated,  said  depart- 
ment may  institute  any  appropriate  action  or  proceeding  to  prevent  such  unlawful 
construction,  alteration,  conversion  or  maintenance,  to  restrain,  correct  or  abate  such 
violation  or  nuisance,  to  prevent  the  occupation  of  said  dwelling,  building  or  structure, 
to  prevent  any  illegal  act,  conduct  of  business  in  or  about  such  dwelling  or  lot.  In  any 
such  action  or  proceeding  said  department  may,  by  affidavit  setting  forth  the  facts, 


613  DWELLIXG   HOUSES.  Act  1302,  §§  29-33 

apply  to  the  superior  court,  or  to  any  judge  thereof,  for  an  order  granting  the  relief  for 
which  said  action  or  proceeding  is  brought,  or  for  an  order  enjoining  all  persons  from 
doing  or  permitting  to  be  done  any  work  in  or  about  such  dwelling,  building,  structure 
or  lot,  or  from  occupying  or  using  the  same  for  any  purpose,  until  the  entry  of  final 
judgment  or  order.  In.  case  any  notice  or  order  issued  by  said  department  is  not 
complied  with,  said  department  may  apply  to  the  superior  court,  or  to  any  judge  thereof, 
for  an  order  authorizing  said  department  to  execute  and  carry  out  the  provisions  of 
said  notice  or  order,  to  remove  any  violation  specified  in  said  order  or  notice,  or  to 
abate  any  nuisance  in  or  about  such  dwelling,  building  or  structure,  or  the  lot  upon 
which  it  is  situated.  The  court,  or  any  judge  thereof,  is  hereby  authorized  to  make 
any  order  specified  in  this  section.  In  no  case  shall  the  said  department  or  any  officer 
thereof  or  the  municipal  corporation  be  liable  for  costs  in  any  action  or  proceeding 
that  may  be  commenced  in  pursuance  of  this  act. 

Fine  a  lien. 

$  29.  Every  fine  imposed  by  judgment  under  section  six  of  this  act  upon  a  dwelling 
owner  shall  be  a  lien  upon  the  house  in  relation  to  which  the  fine  is  imposed,  from  the 
time  of  the  filing  of  a  certified  copy  of  said  judgment  in  the  office  of  the  recorder  of 
the  county  in  which  said  dwelling  is  situated,  subject  only  to  taxes  and  assessments  and 
Avater  rates,  and  to  such  mortgage  and  mechanics'  liens  as  may  exist  thereon  prior  to 
such  filing;  and  it  shall  be  the  duty  of  the  department  charged  with  the  enforcement 
of  the  provisions  of  this  act,  upon  the  entry  of  such  judgment,  to  file  forthwith  the 
copy  as  aforesaid,  and  such  copy  upon  filing  shall  be  forthwith  indexed  by  the  recorder 
in  the  index  of  mechanics'  liens. 

Notice  of  pendency  of  action. 

§  30.  In  any  action  or  proceeding  instituted  by  the  department  charged  with  the 
enforcement  of  this  act,  the  plaintiff  or  petitioner  may  file,  in  the  county  recorder's 
oflSce  of  the  county  where  the  property  affected  by  such  action  or  proceeding  is  situated, 
a  notice  of  the  pendency  of  such  action  or  proceeding.  Said  notice  may  be  filed  at  the 
time  of  the  commencement  of  the  action  or  proceeding,  or  at  any  time  afterwards  before 
final  judgment  or  order,  or  at  any  time  after  the  service  of  any  notice  or  order  issued 
by  said  department.  Such  notice  shall  have  the  same  force  and  effect  as  the  notice 
of  pendency  of  action  provided  for  in  the  Code  of  Civil  Procedure.  Each  county 
recorder  with  whom  such  notice  is  filed  shall  record  it  and  shall  index  it  in  the  name 
of  each  person  specified  in  a  direction  subscribed  by  an  officer  of  the  department  insti- 
tuting such  action  or  proceeding.  Any  such  notice  may  be  vacated  upon  the  order  of 
a  judge  of  the  court  in  which  such  action  or  proceeding  was  instituted  or  is  pending. 
The  recorder  of  the  county  where  such  notice  is  filed  is  hereby  directed  to  mark  such 
notice  and  any  record  or  docket  thereof  as  canceled  of  record,  upon  the  presentation 
and  filing  of  a  certified  copy  of  such  order. 

Time  of  service. 

§  31.  Every  notice  or  order  in  relation  to  a  dwelling  shall  be  served  five  days  before 
the  time  for  doing  the  thing  in  relation  to  which  it  shall  have  been  issued. 

Manner  of  service. 

§  32.  In  any  action  brought  by  any  department  charged  with  the  enforcement  of 
this  act  in  relation  to  a  dwelling  for  injunction,  vacation  of  the  premises  or  other  abate- 
ment of  nuisance,  or  to  establish  a  lien  thereon,  it  shall  be  sufficient  service  of  summons 
to  serve  the  same  as  notices  and  orders  are  served  under  the  provisions  of  the  Code  of 
Civil  Procedure. 

Minimum  recLuirements.    Supplementary  laws. 

^  33.  The  provisions  of  this  act  shall  be  held  to  be  the  minimum  requirements 
adopted  for  the  protection,  the  health  and  the  safety  of  the  community,  and  for  tha 


Act  1302,  88  31,35  GFNERAI.    I-AWS,  CH 

protection,  the  health  and  the  safety  of  the  occupants  of  dwellings.  Nothing  in  this 
act  contained  shall  be  construed  as  prohibiting  the  local  legislative  body  of  any 
incorporated  town,  incorjiorated  city,  or  incorporated  city  and  county,  from  enacting 
from  time  to  time,  supplementary  ordinances  or  laws  imposing  further  restrictions, 
or  providirg  for  fees  to  be  charged  for  permits,  certificates  or  other  papers  required 
by  this  act;  but  no  ordinance,  law,  regulation  or  ruling  of  any  municipal  department, 
authority,  officer  or  officers,  shall  repeal,  amend,  modify  or  dispense  with  any  of  the 
provisions  of  this  act. 

Repealed. 

All  statutes  of  the  state  and  all  ordinances  of  incorporated  towns,  incoqiorated 
cities  and  incorporated  cities  and  counties,  as  far  as  inconsistent  with  the  provisions  of 
this  act,  are  hereby  repealed;  provided,  that  nothing  in  this  act  contained  shall  be 
construed  as  repealing  or  abrogating  any  present  ordinance  or  law  of  any  incorporated 
town,  incorporated  city,  or  incorporated  city  and  county,  in  the  state  which  further 
restricts  the  percentage  of  the  lot  to  be  covered  by  a  dwelling,  the  occupation  thereof, 
the  materials  to  be  used  in  its  construction,  or  increasing  the  floor  space  to  each  person 
occupying  a  room,  the  requirements  as  to  sanitation,  ventilation,  light  and  protection 
against  fire. 

Power  of  cities  not  abrogated. 

Nothing  in  this  act  contained  shall  be  construed  as  abrogating,  diminishing,  mini- 
mizing or  denying  the  power  of  any  incorporated  town,  incorporated  city,  or  incoi-por- 
ated  city  and  county,  by  ordinance  or  law,  to  further  restrict  the  percentage  of  the  lot 
to  be  covered  by  a  dwelling  within  said  municipality,  the  occupation  thereof,  the 
materials  to  be  used  in  its  construction,  or  increasing  the  floor  space  to  each  person 
occupying  a  room,  the  requirements  as  to  sanitation,  ventilation,  light  and  protection 
against  fire. 

Constitutionality. 

$  34.  If  any  section,  subsection,  sentence,  clause  or  phrase  of  this  act  is  for  any 
reason  held  to  be  unconstitutional,  such  decision  shall  not  affect  the  validity  of  the 
remaining  portions  of  this  act.  The  legislature  hereby  declares  that  it  would  have 
passed  this  act,  and  each  section,  subsection,  sentence,  clause,  and  phrase  thereof, 
irrespective  of  the  fact  that  any  one  or  more  sections,  subsections,  sentences,  clauses, 
or  phrases  be  declared  unconstitutionaL 

In  effect  when. 

^  35.     This  act  shall  take  effect  and  be  in  force  from  and  after  September  1,  1917. 

EAGLE  ROCK. 

See  Act  3094,  note. 

EAST  SAN  DIEGO. 

See  Act  3094,  note. 

CHAPTER  94. 

EGGS. 
References:   See  tit.  "Cold  Storage." 

CONTENTS  OF  CHAPTER. 

ACT  1303.  Sale  of  Imported  Eggs. 

1304.  Sale  op  Food  and  Drink  Containing  Eggs. 

1305.  Regulations  as  to  Packing  of  Imported  Eggs. 

1306.  Sale  of  Eggs  in  Tran:sit  More  Than  Thirtvone  Days. 


«15  EGGS.  Act  1303,  §§  1-5 

SALE  OF  IMPORTED  EGGS. 
ACT  1303 — An  act  to  regulate  the  sale  of  eggs  that  have  been  shipped  or  imported  into 
the  state  of  California  from  any  point  or  place  outside  of  the  United  States,  requir- 
ing the  marking  thereof  by  all  persons  selling,  or  offering  the  same  for  sale,  and 
fixing  penalties  for  the  violation  of  the  same  or  of  any  of  the  provisions  thereof. 

History:    Approved  June  4,  1915.     In  effect  August  8,  1915.     Stats. 
1915.  p.  1163. 

Wholesalers,  etc.,  importing  eggs. 

$  1.  For  the  purposes  of  this  act  the  words  "person,  firm,  company  or  corporation" 
shall  include  wholesalers,  retailers,  jobbers,  and  every  place  where  eggs  that  have  been 
shipped  or  imported  into  the  state  of  California,  from  any  point  or  place  outside  of 
the  United  States,  are  sold  or  offered  for  sale. 

Imported  eggs  to  be  branded. 

§  2.  Every  person,  firm,  company  or  corporation  who  sells,  offers  for  sale,  or  has  in 
his,  or  their,  possession  for  sale,  or  consigns,  ships  or  presents  to  any  dealer,  commis- 
sion merchant,  consumer,  or  other  person,  any  egg  or  eggs  that  have  been  shipped  or 
imported  into  the  state  of  California,  from  any  point  or  place  outside  of  the  United 
States,  shall  before  so  doing,  cause  to  be  stamped,  marked  or  branded  upon  one  end 
thereof  in  black-faced  letters  not  less  than  one-eighth  of  an  inch  in  height,  the  word 
"Imported." 

Sign  displayed  in  salesroom. 

§  3.  Every  person,  firm,  company,  or  corporation,  selling  or  offering  for  sale  any  eggs 
that  have  been  shipped  or  imported  into  the  state  of  California,  from  any  point  or 
place  outside  of  the  United  States,  shall  display  in  a  conspicuous  place  in  his  or  their 
public  salesroom,  a  sign,  which  shall  be  not  less  than  one  foot  in  height  and  six  feet  in 
length,  bearing  the  words  "Imported  Eggs  Sold  Here"  in  blackfaced  letters  not  less 
than  six  inches  in  height  and  one  inch  in  width  upon  a  white  ground. 

Report  to  state  board  of  health. 

§  4.  Every  person,  firm,  company  or  corporation  who  receives  eggs  that  have  been 
produced  in  any  foreign  country  and  shipped  or  imported  into  this  state  shall  immedi- 
ately thereafter  make  a  report  to  the  state  board  of  health,  giving  the  number  of  eggs 
received,  the  date  when  received  and  the  place  where  such  eggs  were  produced. 

Penalty. 

5  5.  Every  person,  firm,  company  or  corporation  who  shall  fail  to  comply  with  any 
of  the  provisions  of  this  act  is  guilty  of  a  misdemeanor,  and,  upon  conviction  thereof, 
shall  be  punished  by  imprisonment  in  the  county  jail  for  not  more  than  six  months; 
or  by  a  fine  of  not  more  than  two  hundred  dollars,  or  by  both  such  fine  and  imprison- 
ment, in  the  discretion  of  the  court.  It  shall  be  the  duty  of  the  state  board  of  health 
to  enforce  the  provisions  of  this  act. 

1.     The    act    June    4,    1015    regulating    the  that  purpose,  and  the  provisions  it  contains, 

sale  of  imported  eggs  is  unconstitutional  be-  imposing    upon    the    dealer    an    onerous    and 

cause    of    unreasonable    restrictions. — In    re  expensive    duty    of    advertising    elaborately 

Foley,    172    Cal.    744,    Ann.    Cas.    1918a,    180,  the  fact  that  the  eggs  were  imported,  would 

158  Pac.  1034.  not    protect    the    public    against   stale    eggs, 

a.     Constitutionality — Purpose    of    act. — If  but    would    aid    the    domestic    producer    by 

the    purpose   of    the   act    was   to   protect    the  appealing    to    the    public    prejudice    against 

public  from   the  sale  of  stale   and   unwhole-  eggs     produced     in     foreign     lands. — In     re 

•some   eggs,   the   statute   was  faultr.y  drawn.  Folev.  172  Cal.  744,  Ann.  Cas.  1918a,  180,  168 

_i..we    It   contains    no    provisions    adopted    to  I'ac.  lOJj. 


\C'(S  l:i04,  1305,  §  1  GKNKRAI.   LAWS.  6T6 

SALE  OF  FOOD  AND  DRINK  CONTAINING  EGGS. 

ACT  1304 — An  act  to  regulate  the  sale  of  food  and  drink,  the  ingredients  of  which  are 

in  part  composed  of  eggs  shipped  or  imported  into  the  state  of  California,  from  any 

point  or  place  outside  of  the  United  States,  requiring  the  marking  of  all  bills  of  fare 

or  menu  cards  placed  on  tables  or  counters  in  establishments  preparing,  serving  or 

offering  for  sale  any  such  food  or  drink,  and  fixing  penalties  for  the  violation  of  the 

same  or  of  any  of  the  provisions  thereof. 

History:    Approved  June  4,  1915.     In  effect  August  8,  1915.     Stata. 
1915,  p.  1164. 

"Person,"  etc.,  means  hotel,  restaurant,  etc. 

$  1.  For  the  purposes  of  this  act  the  words  "person,  firm,  company  or  corporation" 
shall  include  hotels,  restaurants,  cafeterias,  lunch  counters,  lunch  wagons,  saloons,  soda 
fountains,  bakeries,  delicatessens  and  boarding  houses,  and  every  place  where  food  or 
drink  is  prepared  and  offered  for  sale. 

Menu  cards  to  bear  "imported  eggs  used  here.'* 

$  2.  Every  person,  firm,  company  or  corporation  who  prepares  or  serves,  sells  or 
offers  for  sale,  any  food  or  drink,  the  ingredients  of  which  are  in  part  composed  of 
eggs  shipped  or  imported  into  the  state  of  California,  from  any  point  or  place  outside 
of  the  United  States,  before  so  doing  shall  cause  to  be  printed  on  all  bills  of  fare 
or  menu  cards  placed  on  his  or  their  tables  or  counters,  in  black-faced  letters  not  less 
than  one-eighth  of  an  inch  in  height,  the  words  "Imported  eggs  used  here." 

Sign  displayed  in  salesroom. 

$  3.  Every  person,  firm,  company  or  corporation  preparing,  serving,  selling  or  offer- 
ing fo*-  sale  any  food  or  drink,  the  ingredients  of  which  are  in  part  composed  of  eggs 
shipped  or  imported  into  the  state  of  California,  from  any  point  or  place  outside  of 
the  United  States,  shall  display  in  a  conspicuous  place  in  his  or  their  public  salesroom, 
a  sign,  which  shall  be  not  less  than  six  inches  in  height  and  three  feet  in  length, 
bearing  the  words  "Imported  eggs  used  here"  in  black-faced  letters  not  less  than  three 
inches  in  height  and  one-quarter  of  an  inch  in  width,  upon  a  white  ground. 

Penalty. 

§  4.  Every  person,  fii*m,  company  or  coi'poration  who  shall  fail  to  comply  with  any  of 
the  provisions  of  this  act  is  guilty  of  a  misdemeanor,  and,  upon  conviction  thereof, 
shall  be  punished  by  imprisonment  in  the  county  jail  for  not  more  than  six  months; 
or  by  a  fine  of  not  more  than  two  hundred  and  fifty  dollars,  or  by  both  such  fine  and 
imprisonment,  in  the  discretion  of  the  court.  It  shall  be  the  duty  of  the  state  board 
of  health  to  enforce  the  provisions  of  this  act. 

Constitutiouality. — See   Act   1303,    notes. 

PACKING  IMPORTED  EGGS. 
ACT  1305 — An  act  to  regulate  the  placing  of  cards  in  all  packages  or  wrappers 
enclosing  manufacturers'  food  products,  before  being  sold  or  offered  for  sale,  which 
are  composed  in  part  of  eggs  shipped  or  imported  into  the  state  of  California,  from 
any  point  or  place  outside  of  the  United  States,  and  fixing  penalties  for  the  viola- 
tion of  the  same  or  of  any  of  the  provisions  thereof. 

History:    Approved  June  4,  1915.    In  effect  August  8,  1915.     Stats. 
1915,  p.  1165. 

"Person,"  etc.,  includes  bakeries,  etc. 

$  1.  For  the  purposes  of  this  act  the  words  "person,  firm,  company  or  corpora- 
tion," shall  include  biscuit  companies,  cracker  companies,  bakeries,  manufacturers  of 
food  products,  and  every  person  manufacturing  and  selling  food  products  in  packages. 


I 


617  EGGS.  Act  1306,  §§  1-4 

Package  food  product  containing  imported  eggs  to  carry  card. 

$  2.  Every  person,  finn,  company  or  corporation  who  sells,  or  offers  for  sale,  any 
manufactured  food  product,  the  ingredients  of  which  are  in  part  composed  of  eggs 
shipped  or  imported  into  the  state  of  California,  from  any  point  or  place  outside  of 
the  United  States,  shall,  before  so  doing,  cause  to  be  placed  in  each  package  or 
wrapper  enclosing  such  manufactured  food  product,  a  white  card  one  and  one-half 
inches  in  height  and  three  inches  in  length,  on  one  side  of  which  shall  be  printed  or 
stamped  in  legible  black-faced  letters,  the  words  "Imported  eggs  used  in  the  manu- 
facture of  this  article,"  and  no  other  words,  letters  or  figures  shall  be  printed  or 
stamped  on  the  same  side  of  the  card. 

Penalty. 

$  3.  Every  person,  firm,  company  or  corporation  who  shall  fail  to  comply  with  any 
of  the  provisions  of  this  act  is  guilty  of  a  misdemeanor,  and  upon  conviction  thereof, 
shall  be  punished  by  imprisonment  in  the  county  jail  for  not  more  than  six  months; 
or  a  fine  of  not  more  than  two  hundred  and  fifty  dollars,  or  by  both  such  fine  and 
imprisonment,  in  the  discretion  of  the  court.  It  shall  be  the  duty  of  the  state  board 
of  health  to  enforce  the  provisions  of  this  act. 

Constitutionality. — See  Act   1303,    notes. 

SALE  OF  EGGS  IN  TRANSIT  MORE  THAN  THIRTY-ONE  DAYS. 
ACT  1306 — An  act  to  regulate  the  sale  of  eggs  which  have  been  in.  transit  more  than 
thirty-one  days,  and  prescribing  penalties  for  violations  thereof. 

History:    Approved  May  5,  1917.     In  effect  July  27,  1917.     Stats. 
1917,  p.  258. 

"Words  defined. 

$  1.  For  the  purpose  of  this  act  the  words,  "person,  firm,  company  or  corpora- 
tion" shall  include  wholesalers,  retailers,  jobbers,  and  every  person,  firm,  company  or 
corporation  owning,  operating  or  conducting  any  place  of  business  where  eggs  are 
sold  or  offered  for  sale. 

Eggs  in  transit  more  than  thirty-one  days  to  be  marked  "storage." 

§  2.  Every  person,  firm,  company  or  corporation  who  sells,  offers  for  sale,  or  has 
in  his  or  their  possession  for  sale,  or  consigns,  ships  or  presents  to  any  dealer,  com- 
mission merchant,  consumer,  or  other  person,  any  egg  or  eggs  which  said  egg  or  eggs 
is  or  were  produced  at  any  place  requiring  thirty-one  days  or  more  to  transport  the 
eggs  to  the  selling  point,  shall,  before  so  doing,  cause  to  be  stamped,  marked  or 
branded  upon  the  container  thereof  in  black-faced  letters  not  less  than  one-half  of  an 
inch  in  height  the  word  "storage." 

Display  of  sign  in  salesroom. 

^  3.  Every  person,  firm,  company  or  corporation  selling  or  offering  for  sale  any 
eggs  which  were  produced  at  any  place  requiring  thirty-one  days  or  more  to  transport 
the  eggs  to  the  selling  point,  prior  to  the  date  of  sale  or  offering  for  sale,  shall  display 
in  a  conspicuous  place  in  his  or  their  public  salesroom  a  sign  which  shall  not  be  less 
than  one  foot  in  height  and  six  feet  in  length,  bearing  the  words  "storage  eggs  sold 
here"  in  black-faced  letters  not  less  than  six  inches  in  height  and  one  inch  in  width 
upon  a  white  ground. 

Report  to  state  board  of  health. 

§  4.  Every  person,  finn,  company  or  corporation  who  receives  eggs  that  have  been 
produced  at  any  place  requiring  thirty-one  days  or  more  to  transport  the  eggs  to  the 
selling  point,  prior  to  their  sale  or  offering  for  sale,  shall,  immediately  thereafter 
report  to  the  state  board  of  health  the  number  of  eggs  received,  the  date  when  received 


Acts  1307-1309  GENERAL   LAWS.  CIS 

and  the  place  where  such  eggs  were  produced,  and  the  name  of  the  person,  firm, 
company  or  corporation  to  whom  sold. 

Enforcement. 

$  5.  It  shall  be  the  duty  of  the  state  board  of  health  to  enforce  the  provisions  of 
this  act,  and  to  that  end  the  said  board  may  make  necessary  rules  and  regulations. 

Penalty. 

$  6.  Every  person,  firm,  company  or  corporation  who  shall  fail  to  comply  with 
any  of  the  provisions  of  this  act  is  guilty  of  a  misdemeanor  and  upon  conviction 
thereof  shall  be  punished  by  imprisonment  in  the  county  jail  for  not  more  than  six 
months;  or  by  a  fine  of  not  more  than  two  hundred  dollars,  or  by  both  such  fine  and 
impn>^/Qment  in  the  discretion  of  the  court. 

EL  CAJON. 

See  Act  3094,  note. 

EL  CENTRO. 

See  Act  3094,  note. 

EL  CERRITO. 

See  Act  3094,  note. 

CHAPTER  95. 

EL  DORADO  COUNTY. 

References:    Boundaries  and  county  seat,  see  Kerr's  Cyc.  Political  Code,  §  3927. 
County  government,  see  Kerr's  Cyc.  Political  Code,  §  4000,  et  seq. 
County  officers,  compensation  and  salaries,  see  Kerr's  Cyc.  Political  Code,  §  4217. 
Estrays,  see  tit.  "Estrays." 
Fences,  see  tit.  "Fences." 

Fish  and  game  warden,  see  Kerr's  Cyc.  Political  Code,  §  4149d. 

Legal  distance  of  county  seat  from  Sacramento,  see  Kerr's  Cyc.  Political  Code,  §  159. 
Registrar,  salary,  fees,  allowances,  deputies,  and  assistants,  see  Kerr's  Cyc.  Political 

Code,  §  41496. 
Settlements  with  controller  and  state  treasurer,  see  Kerr's  Cyc.  Political  Code,  §  3866. 
Trespassing  animals,  see  tit.  "Trespassing  Animals." 

CONTENTS  OF  CHAPTER. 

ACT  1307.    Eefunding  or  Bonded  Indebtedness. 

1308.  Lawful  Fences. 

1309.  Trespassing  Animals  on  Private  Property  in  Mud  Springs  Township, 

REFUNDING  OF  BONDED  INDEBTEDNESS. 

ACT  1307 — An  act  for  the  funding  of  the  bonded  indebtedness  of  El  Dorado  County. 
History:    Approved  April  1,  1878.    Stats.  1877-78,  p.  1046. 

LAWFUL  FENCES. 
ACT  1308 — An  act  concerning  lawful  fences  in  El  Dorado  county. 

History:    Approved  April  1,  1870.     Stats.  1869-70,  p.  584.     Continued 
in  force  by  the  codes.    See  Kerr's  Cyc.  Political  Code,  §  19. 

Lawful   fences. — This   act   provided   as   to       by  animals  and  provided  for  double  damages 
what     should    constitute    lawful    fences     in       for  the  second  and  any  subsequent  offense. 
El  Dorado  county;  it  also  defined  trespasses 

TRESPASSING  ANIMALS  IN  MUD  SPRINGS  TOWNSHIP. 

ACT  1309 — An  act  to  prevent  the  trespassing  of  animals  upon  private  property  in  the 

county  of  El  Dorado. 

History:    Approved  March  30,  1874,  Stats.  1873-74,  p.  859. 

Code  Commissioner's  note. — "Modified  and       ters    on    "Estrays"    and    "Trespassing-    Anl- 
probably  repealed  by  estray  law,  1897,  p.  198;       mals." 
iiiOl,  p.  603."     But  see  editor's  note  to  chap- 


618  ELE^CTIONS.  Act  1327,  §  1 

CHAPTER  96. 

ELECTIONS. 

References:   Elections  and  registration,  in  general,  see  Kerr's  Cyc.  Political  Code,  tit. 

"Elections,"  appropriate  subject. 
Elections,  municipal  and  district,  for  special  purposes,  see  appropriate  and  particular 

title. 
Bogus  ballots,  see  Kerr's  Cyc.  Penal  Code,  §§  62,  et  seq. 
Intoxicating  liquors,  sale  of,  on  election  day,  see  Kerr's  Cyc.  Penal  Code,  §  63b. 

CONTENTS  OF  CHAPTER. 

ACT  1327.  Purity  of  Elections  Act  of  1907. 

1328.  State  Commission  on  Voting  oe  Balloting  Machines, 

1329.  Supplementary  to  Above. 
1332.  Special  Elections. 

1337.  "Direct  Primary  Law  of  1913." 

1338.  "Presidential  Primary  Act." 

1339.  Consolidation  of  Elections. 

1340.  Legalizing  Begistrations  of  Electors. 

1341.  Prohibiting  "Piece  Clubs." 

1342.  Special  State  Election  Called  October  26,  1915. 

PURITY  OF  ELECTIONS  ACT  OF  1907. 

ACT  1327 — An  act  to  regulate  the  conduct  of  election  campaigns,  and  repealing  an  act 

entitled  "An  act  to  promote  the  purity  of  elections  by  regulating  the   conduct 

thereof,  and  to  support  the  privilege  of  free  suffrage  by  prohibiting  certain  acts  and 

practices  in  relation  thereto,  and  providing  for  the  punishment  thereof,"  approvea 

February  23,  1893. 

History:  Approved  March  19,  1907,  Stats.  1907,  p.  671.  Amended 
June  6,  1913.  In  effect  August  10,  1913.  Stats.  1913,  p.  396.  Former 
act  of  February  23,  1893,  Stats.  1893,  p.  12.  Amended  March  27,  1895, 
Stats.  1895,  p.  227;  March  3,  1905,  Stats.  1905,  p.  37;  March  10,  1905, 
Stats.  1905,  p.  93,  was  repealed  by  the  present  act,  after  partial  codifi- 
cation, §§  19,  20,  21,  22,  24,  25,  26,  28,  41,  and  42  became  §§  54b,  54a,  42, 
42a,  46,  57,  57a,  47,  59,  and  49,  respectively,  of  the  Penal  Code.  The 
first  sentence  of  §  27  became  §  50,  and  the  second  sentence,  §  51,  of  the 
same  code. 

Statement  of  campaign  expenses.  Names  of  contributors.  Disclaimer  of  responsi- 
bility. Filed  with  secretary  of  state.  With  county  clerk.  Vouchers. 
$  1.  Every  candidate  who  is  voted  for  at  any  public  election  held  within  the  state 
shall,  within  fifteen  days  after  the  day  of  holding  such  election,  file,  as  hereinafter  pro- 
vided, an  itemized  statement,  showing  in  detail  all  moneys  paid,  loaned,  contributed,  or 
otherwise  furnished  to  him,  or  for  his  use,  directly  or  indirectly,  in  aid  of  his  election, 
and  all  money  contributed,  loaned,  or  expended  by  him,  directly  or  indirectly  by  him- 
self or  through  any  other  person,  in  aid  of  his  election.  Such  statement  shall  give  the 
names  of  the  various  persons  who  paid,  loaned,  contributed,  or  otherwise  furnished  such 
moneys  in  aid  of  his  election,  and  the  names  of  the  various  persons  to  whom  such 
moneys  were  contributed,  loaned  or  paid,  the  specific  nature  of  each  item,  the  service 
performed,  and  by  whom  performed,  and  the  purpose  for  which  the  money  was 
expended,  contributed  or  loaned.  If  the  candidate  seeks  to  avoid  the  responsibilitj'  of 
any  illegal  payment  made  by  any  other  person  in  his  behalf,  he  shall  set  out  such 
illegal  payment  and  disclaim  responsibility  therefor.  Candidates  for  office  to  be  filled 
by  the  electors  of  the  state  or  of  any  political  division  thereof  greater  than  a  county, 
and  for  members  of  the  senate  and  assembly,  representative  in  Congress,  or  members 
of  the  state  board  of  equalization,  or  state  board  of  railroad  commissioners,  shall  file 
their  statements  in  the  office  of  the  secretary  of  state.  Candidates  for  all  other  offices 
shall  file  their  statements  in  the  office  of  the  clerk  of  the  county  wherein  the  election 


Act  J327,  §8  2,  3  GENERAl.   L,A"W^S.  «20 

is  held,  and  within  which  the  duties  of  the  office  for  which  the  candidate  is  voted  for 
are  to  be  exercised.  The  statement  of  a  committee  or  candidate  shall  be  recorded  in 
the  office  of  the  county  recorder,  and  shall,  after  being  filed,  become  a  public  record, 
and  open  at  all  times  to  public  inspection  and  no  fee  or  charge  whatsoever  shall  be 
collected  or  made  by  any  officer  herein  specified  for  filing  or  recording  any  statement 
required  to  be  filed  or  recorded  under  the  provisions  of  this  act.  Vouchers  must  be 
filed  for  all  expenditures,  except  in  the  case  of  sums  under  five  dollars.  [Amendment 
approved  June  6,  1913.    Stats.  1913,  p.  396.] 

Duty  of  committee. 

$  2.  Every  committee  organized  for  the  purpose,  or  chained  with  the  duty  of  con- 
ducting the  election  campaign  of  any  political  party,  or  of  any  candidate  or  candidates, 
shall  appoint  a  treasurer,  who  shall  receive  and  disburse  all  moneys  contributed  for 
such  campaign  purposes,  and  keep  a  true  account  thereof,  and  shall,  in  the  same 
manner  as  herein  required  of  candidates,  file  an  itemized  statement  of  all  money 
received  or  disbursed  by  him  as  such  treasurer. 

What  are  legitimate  expenses.    Amount  that  can  be  expended  by  candidate  or  in 

his  behalf. 

$  3.  No  sum  of  money  shall  be  paid  and  no  expense  incurred  by  or  on  behalf  of  any 
candidate  or  campaign  committee  as  defined  in  section  two  of  this  act,  or  any  body  of 
superior  authority,  to  which  such  committee  is  subject,  if  an;-,  whether  before,  during, 
or  after  an  election,  on  account  of  or  in  respect  of  the  conduct  or  management  of  such 
election,  except  for  the  expenses  of  holding  and  conducting  public  meetings  for  the  dis- 
cussion of  public  questions,  and  of  printing  and  circulating  specimen  ballots,  handbills, 
cards,  and  other  papers  previous  to  such  election,  and  of  advertising  and  of  postage, 
expressage,  telegi-aphing,  and  telephoning,  and  of  supervising  the  registration  of 
voters,  and  watching  the  polling  or  counting  of  votes  cast  at  such  election,  and  of 
salaries  of  persons  employed  in  transacting  business  at  office  or  headquarters  and  nec- 
essary expenses  of  maintaining  the  same,  and  for  rent  of  rooms  necessary  for  the 
transaction  of  the  business  of  candidate  or  committee,  or  superior  authority  to  which 
such  committee  is  subject,  if  any,  and  for  necessary  incidental  expenses,  which  shall 
not  exceed  the  sum  of  one  hundred  dollars,  if  expended  by  a  candidate,  or  one  thousand 
dollars,  if  expended  by  a  committee;  and  no  sum  shall  be  paid  and  no  expense  shall  be 
incurred,  directly  or  indirectW,  by  or  on  behalf  of  a  candidate,  whether  before,  during, 
or  after  an  election,  on  account  of  or  in  respect  of  the  conduct  and  management  of  an 
election  at  which  he  is  a  candidate,  in  excess  of  the  maximum  amount  following,  that 
is  to  say :  if  the  term  of  the  office  for  which  the  person  is  a  candidate  be  for  one  year 
or  less,  five  per  centum  of  the  amount  of  one  year's  salary  of  the  office;  if  the  term  be 
for  more  than  one  year,  and  not  more  than  two  years,  ten  per  centum  of  the  amount  of 
one  year's  salary  of  the  office;  if  the  term  be  for  more  than  two  years,  and  not  more 
than  three  years,  fifteen  per  centum  of  the  amount  of  one  year's  salary  of  the  office; 
if  the  term  be  for  more  than  three  years,  and  not  more  than  four  years,  twenty  per 
centum  of  the  amount  of  one  year's  salary  of  the  office;  if  the  term  be  for  more  than 
four  years,  ten  per  centum  of  the  amount  of  one  year's  salary  of  the  office;  if  the 
office  be  one  for  which,  in  lieu  of  a  salary,  there  is  allowed  per  diem,  for  a  statutory 
period,  or  for  the  number  of  days  actually  engaged  in  the  performance  of  public  duties, 
twenty -five  per  centum  of  the  amount  to  accrue  for  the  statutory  period;  if  the  office 
be  one  for  which  in  lieu  of  a  salary,  a  yearly  sum  is  allowed  the  officer  for  all  the 
expenses  of  his  office,  the  expenditures  of  the  candidate  for  such  office  shall  not  exceed 
the  amount  of  ten  per  centum  of  the  allowance  for  such  office  for  one  year;  if  the 
office  be  one  for  which  no  salary  or  compensation  is  allowed,  except  fees,  or  a  salary 
not  exceeding  nine  hundred  dollars  per  annum  and  fees,  the  expenditures  of  the  candi- 
date for  such  office  shall  not  exceed  the  amount  of  one  hundrod  and  fifty  dollars;  if 


«21  ELECTIONS.  Act  1327,  §g  4-6 

the  office  be  one  for  which  no  salary  or  compensation  is  allowed,  or  for  which  a  per 
diem  is  allowed  for  the  days  actually  employed  in  the  performance  of  a  public  duty, 
the  erpenditui:es  of  the  candidate  for  such  office  shall  not  exceed  one  hundred  dollars; 
if  the  candidate  is  also  at  the  same  time  a  candidate  for  an  unexpired  term,  he  shall 
not  pay  or  expend  any  sum  on  account  of  such  unexpired  term,  but  the  maximum 
amount  to  be  expended  by  such  candidate  shall  be  as  hereinabove  provided. 

When  claims  must  be  presented. 

§  4.  Every  claim  payable  by  a  committee  as  defined  in  section  two  of  this  act  on 
account  of  or  in  respect  of  any  expense  incurred  in  the  conduct  and  management  of  an 
election  held  within  this  state,  or  on  behalf  of  the  candidates  of  the  political  party, 
organized  assemblage,  or  body  which  such  committee  represents,  must  be  presented  to 
the  committee  within  ten  days  after  the  return  day  of  the  election,  and  if  not  so  pre- 
sented, the  same  shall  not  be  paid,  and  no  action  shall  be  commenced  or  maintained 
thereon,  and  all  expenses  incurred  as  aforesaid  shall  be  paid  within  fifteen  days  after 
the  comjiletion  of  such  official  canvass,  and  not  otherwise.  Every  claim  in  respect  of 
any  expenses  incurred  by  or  on  behalf  of  a  candidate  at  an  election  held  within  this 
state  on  account  of  or  in  respect  of  the  conduct  or  management  of  such  election  shall 
be  presented  to  such  candidate  within  ten  days  after  the  day  of  election,  and  if  not  so 
presented,  the  same  shall  not  be  paid,  and  no  action  shall  be  instituted  or  maintained 
thereon;  and  all  such  expenses  incui-red  as  aforesaid  must  be  paid  within  twelve  days 
after  the  day  of  election,  and  not  otherwise.  Any  person  who  makes  a  payment  in  con- 
travention of  this  section,  except  where  such  payment  is  allowed,  as  provided  by  this 
act,  is  guilty  of  a  misdemeanor. 

Claims  presented  after  time  limit,  how  may  be  paid. 

§  5.  The  superior  court  of  the  county  in  which  such  statement  is  filed  or  is  required 
to  be  filed,  may,  on  the  application  of  either  the  committee  or  candidate,  or  a  creditor 
of  either  allow  any  claim,  not  in  excess  of  the  maximum  amount  alloAved  by  this  act, 
to  be  presented  and  paid  after  the  time  limited  by  this  act;  and  a  statement  of  any  sum 
so  paid,  with  a  certificate  of  its  allowance,  shall  forthwith,  after  payment,  be  filed  by 
the  committee  or  candidate  in  the  same  office  as  the  original  statement  of  the  com- 
mittee or  candidate.  If  the  candidate  or  committee,  upon  such  application,  shall  show 
to  the  satisfaction  of  said  court  that  any  error  or  false  recital  in  such  statement,  or 
that  the  failure  to  make  such  statement  or  to  present,  within  the  designated  time,  a 
claim  otherwise  just  and  proper,  has  been  occasioned  by  the  absence  or  illness  of  such 
candidate,  or  by  the  absence,  illness  or  death  of  one  or  more  members  of  such  commit- 
tee, or  by  the  misconduct  of  any  person  other  than  such  applicant,  or  by  inadvertence 
or  excusable  neglect,  or  of  any  reasonable  cause  of  a  like  manner,  and  not  by  reason  of 
any  want  of  good  faith  on  the  part  of  the  applicant,  the  court  may,  after  such  notice 
of  the  application  as  the  court  shall  require,  and  on  the  production  of  such  evidence 
of  the  facts  stated  in  the  application  as  shall  be  satisfactory  to  such  court,  by  order, 
allow  such  statement  to  be  filed,  or  such  error  or  false  recital  therein  to  be  corrected, 
or  such  claims  to  be  paid,  as  to  the  court  seems  just;  and  such  order  shall  relieve  the 
applicant  from  any  liability  or  consequences  under  this  act  in  respect  of  the  matters 
excused  by  the  order.  If  the  application  is  made  by  a  creditor,  the  court  may,  under 
like  conditions  and  upon  a  like  showing,  order  the  claim  to  be  paid,  and  the  creditor 
shall  also  be  entitled  to  his  costs.  The  claims  of  one  or  more  creditors  may  be  united 
in  such  application,  but  the  amount  and  specific  nature  of  each  claim  must  be  fully 
stated. 

Rooms  must  not  be  rented  where  intoxicating  liquors  are  sold. 

§  6.  No  payment  of  any  money  shall  be  made  by  a  committee  or  candidate  for  the 
rent  of  any  premises  to  be  used  as  a  committee-room  or  headquarters,  or  for  holding  a 


Act  1327,  8§  7-10 


GENERAL   LAWS.  622 


meeting,  or  for  the  puri^ose  of  promoting  tlie  election  of  a  candidate,  or  on  account  of, 
or  in  respect  to  the  conduct  or  management  of,  an  election,  where  intoxicating  liquors 
are  sold  for  consumption  on  the  premises,  or  where  intoxicating  liquor  is  supplied  to 
members  of  any  club,  society,  or  association;  provided,  that  nothing  in  this  section  shall 
apply  to  any  part  of  such  premises  which  is  ordinarily  let  for  the  purposes  of  offices, 
or  for  holding  public  meetings,  if  such  part  has  a  separate  entrance  and  no  direct 
communication  with  any  part  of  the  premises  on  which  any  intoxicating  liquor  or 
refreshment  is  sold  or  supplied  as  aforesaid. 

Name  of  printer. 

§  7.  Every  bill,  placard,  poster,  pamphlet  or  other  printed  matter  having  reference 
to  an  election,  or  to  any  candidate,  shall  bear  upon  the  face  thereof  the  name  and 
address  of  the  printer  and  publisher  thereof,  and  no  payment  therefor  shall  be  made  or 
allowed  unless  such  address  is  so  printed. 

Act  of  1893  repealed. 

§  8.  An  act  entitled  ''An  act  to  promote  the  purity  of  elections  by  regulating  the 
conduct  thereof,  and  to  support  the  privilege  of  free  suffrage  by  prohibiting  certain 
acts  and  practices  in  relation  thereto,  and  providing  for  the  punishment  thereof," 
approved  February  twenty-third,  eighteen  hundred  and  ninety-three,  and  all  other 
acts  and  parts  of  acts  inconsistent  with  this  act  are  hereby  repealed;  provided  that 
no  provision  of  this  act  shall  be  construed  so  as  to  repeal  any  provision  of  title  four 
of  part  one  of  the  Penal  Code,  entitled  "Of  Crimes  against  the  Elective  Franchise." 

Penalty. 

$  9.  Any  person  offending  against  any  of  the  provisions  of  this  act  shall  be  guilty 
of  a  misdemeanor,  and  be  dealt  with  as  provided  in  the  Penal  Code. 

Who  is  competent  witness.    This  section  to  be  read  to  witness. 

§  10.  A  person  offending  against  any  provisions  of  this  act  is  a  competent  witness 
against  another  person  so  offending,  and  may  be  compelled  to  attend  and  testify  upon 
any  trial,  hearing,  proceeding,  or  lawful  investigation  or  judicial  proceeding,  in  the 
same  manner  as  any  other  person.  If  such  person  demands  that  he  be  excused  from 
testifving  on  the  ground  that  his  testimony  may  incriminate  himself,  he  shall  not  be 
excused,  but  in  that  case  the  testimony  so  given  shall  not  be  used  in  any  prosecution 
or  proceeding,  civil  or  criminal,  against  the  person  so  testifying,  except-  for  perjury  in 
giving  such  testimony,  and  he  shall  not  thereafter  be  liable  to  indictment  or  present- 
ment by  information,  nor  to  prosecution  or  punishment  for  the  offense  with  reference 
to  which  his  testimony  was  given.  No  person  shall  be  exempt  from  indictment,  pre- 
sentment by  information,  prosecution  or  punishment  for  the  offense  with  reference  to 
which  he  may  have  testified  as  aforesaid  when  such  person  so  testifying  does  so  volun- 
tarily or  when  such  person  so  testifying  fails  to  ask  to  be  excused  from  testifying  on 
the  ground  that  his  testimony  may  incriminate  himself,  but  in  all  such  cases  the  testi- 
mony so  given  may  be  used  in  any  prosecution  or  proceeding,  civil  or  criminal,  against 
the  person  so  testifying.  Any  person  shall  be  deemed  to  have  asked  to  be  excused  from 
testifying  under  this  section  unless,  before  any  testimony  is  given  by  such  a  witness, 
the  judge,  foreman  or  other  person  presiding  at  such  trial,  hearing,  proceeding  or 
investigation,  shall  distinctly  read  this  section  to  such  witness,  and  the  form  of  the 
objection  by  the  witness  shall  be  immaterial  if  he  in  substance  makes  objection  that 
his  testimony  may  incriminate  himself,  and  he  shall  not  be  obliged  to  object  to  eaeli 
question,  but  one  objection  shall  be  sufficient  to  protect  such  witness  from  prosecution 
'  for  any  offense  concerning  which  he  may  testify  upon  such  trial,  hearing,  proceeding 
or  investigation. 


623 


ELECTIONS. 


Act  1327 


Act  takes  effect  when. 

$  11.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 


1.  Constitutionality. — The  legislature  had 
the  power  to  require,  as  it  did  in  the  act  of 
1893,  an  officer  elect  to  file  the  statement 
prescribed  by  section  3,  and  to  provide  for 
a  forfeiture  of  the  office  to  which  he  was 
elected  upon  his  failure  to  do  so. — Bradley 
V.  Clark,  133  Cal.  196.  65  Pac.  395. 

2.  Same — Oath  of  Office. — The  provision 
of  section  4  of  the  act  of  193,  requiring  the 
giving  of  the  oath  therein  prescribed,  by 
candidates  for  office,  as  a  condition  to  hold 
the  office  he  is  seeking,  is  unconstitutional 
as  in  violation  of  section  3,  Article  XX  of 
the  constitution,  prescribing  an  oath  of  of- 
fice in  lieu  of  all  others. — Bradley  v.  Clark. 
133  Cal.  196,  65  Pac.  395. 

3.  Construction  of  32  of  the  act  of  1S93. 
— The  section  is  to  be  construed  as  intended 
to  secure  evidence  against  offenders  against 
the  penal  provisions  of  the  act,  where  two 
or  more  persons  are  required  to  co-operate, 
and  it  is  only  a  witness  who  testifies  at  the 
trial,  hearing,  prosecution  or  legal  investi- 
gation or  judicial  proceeding,  against  a 
person  charged  with  an  offense  against  some 
provision  of  the  act,  against  which  he  has 
also  offended,  can  claim  the  immunity  given 
therein. — Ex  parte  Cohen,  104  Cal.  524,  43 
Am.  St.  Rep.  127,  26  L..  R.  A.  423,  38  Pac.  364. 

4.  Information  —  Procuring  fal.se  regis- 
tration.— The  statute  is  not  directed  against 
official  misconduct,  and  in  an  information 
charging  a  deputy  registrar  of  procuring 
and  allowing  the  false  registration  of  a 
voter,  the  phrase  "as  such  deputy  regis- 
trar," is  held  to  be  surplusage,  since  the 
act  embraces  "every  person"  without  re- 
gard to  his  official  character. — People  v. 
Sternberg,  111   Cal.  3,   43   Pac.   198. 

5.  Indictment. — An  indictment  charging 
that  "while  the  votes  were  being  counted 
and  canvassed  .  .  .  one  George  Lee  wil- 
fully, unlawfully  and  feloniously  interfered 
with  the  regular  election  officers  of  said 
precinct"  etc.,  sufficiently  charges  a  viola- 
tion of  section  23  of  the  purity  of  elections 
act  of  1893. — People  v.  Lee,  107  Cal.  477,  40 
Fac.   754. 

6.  Same  —  One  completed  felony. — The 
indictment  charges  one  completed  felony — 
a  violation  of  section  29  of  the  act  of  1893 
— and  does  not  also  charge  a  conspiracy, 
and  is  not  objectionable  on  the  ground  of 
duplicity. — People  v.  Eagan,  116  Cal.  287, 
48    Pac.   120. 

7.  Evidence  of  accomplice  —  Sufficiently 
corroborated — False  registration. — The  evi- 
dence of  the  voter,  falsely  registered  and 
shown  to  be  the  accomplice  of  the  defendant 
under  prosecution  for  procuring  such  false 
registration,  held  to  be  sufficiently  corrobo- 
rated by  other  testimony. — People  v.  Stern- 
berg, 111  Cal.    3,  43  Pac.  198. 

8.  Evidence  not  sufficient. — It  Is  held  that 
the  evidence  was  not  sufficient  to  justify 
a  conviction  of  the  offense  of  falsifying  the 
returns. — People  v.  Eagan,  116  Cal.  287,  48 
Pac.  120. 

9.  lustructiona  —  Procnrlng    false    regis- 


tration— Accomplice. — In  a  prosecution  fo'' 
procuring  false  registration,  the  defendant 
can  not  complain  of  an  instruction  that  th» 
voter  alleged  to  have  been  falsely  regis- 
tered, was  defendant's  accomplice,  for  the 
reason  that  such  instruction  was  more 
favorable  to  the  defendant  than  otherwise, 
since  if  such  witness  was  not  an  accomplice 
the  jury  could  not  have  convicted  without 
corroborating  evidence. — People  v.  Stern- 
berg, 111   Cal.  3,   43   Pac.  198. 

10.  Witness  —  Claim  of  constitutional 
privilege. — A  witness  called  to  testify  as  to 
the  illegal  giving  of  money  to  him  by  the 
defendant  in  an  election  contest  can  not,  in 
view  of  the  provisions  of  section  32  of  the 
act  of  1893,  claim  his  constitutional  privi- 
lege and  refuse  to  testify  on  the  ground 
that  his  answer  would  incriminate  him, 
even  if  it  should  be  conceded  that  he  had 
violated  any  law,  in  receiving  such  money. — 
Ex  parte  Cohen.  104  Cal.  524,  43  Am.  St.  Rep. 
127,  26  L.  R.  A.  423,  38  Pac.'  364;  Bradley 
v.  Clark,  133  Cal.  196,  65  Pac.  395.  See,  also. 
Rebstock  v.  Superior  Court,  146  Cal.  308,  314, 
80  Pac.   65. 

11.  Only  oft'ending  witnesses  can  claim 
immunity  under  the  act  of  1893  for  testi- 
mony given  as  to  offenses  thereunder. — • 
Bradley  v.  Clark,  133  Cal.  196,  65  Pac.  395. 

12.  No  duty  is  imposed  upon  one  vtho 
receives  money  from  a  candidate  for  office 
to  inquire  whether  the  money  so  received  is 
in  excess  of  the  amount  he  is  allowed  under 
the  purity  of  elections  act  to  spend. — 
Bradley  v.  Clark,  133  Cal.  196,  65  Pac.  395. 

13.  The  promisee  of  the  promise  of  a 
candidate,  illegally  made,  to  give  him  the 
patronage  of  the  office,  is  not  guilty  of  any 
offense  against  the  purity  of  elections  act, 
even  though  he  act  upon  the  promise  and 
promote  the  promisor's  election. — Bradley  v. 
Clark,  133  Cal.  196,  65  Pac.  395. 

14.  Illegal  promise  of  candidate  not  to 
ciualify. — A  promise  by  a  candidate  for 
office  not  to  qualify,  or  enter,  or  discharge 
the  duties  of  the  office  which  he  seeks,  for 
the  purpose  of  creating  a  vacancy,  and 
thereby  saving  the  expense  of  maintaining 
the  office  by  the  taxpayers,  is  a  ground  for 
contest  under  section  19  of  the  act  of  1893. 
Bush  V.  Head,  154  Cal.  277,  97  Pac.  512. 

15.  Declaration  of  candidate  —  Negative 
statements. — The  purity  of  elections  act 
does  not  contemplate  the  making  of  nega- 
tive statements  as  moneys  received  by  a 
candidate,  and  a  declaration  by  a  candidate 
that  he  received  no  money  goes  beyond  the 
demands  of  the  act. — Land  v.  Clark,  132  C{4. 
673.  64  Pac.  1071. 

15a. — Same — Technical  violation  of  lavr. — 
The  statement  of  expenditures  required  of 
defendant  contestee  by  the  purity  of  elec- 
tions act  show  a  substantial  compliance 
with  the  act,  and  his  failure  to  give  an  item- 
ized statement  of  expenditures  under  tht 
head  of  sundries  and  incidentals,  if  such  an 
itemized  statement  is  required  under  thai 
head,  was  at  most  a  technical  violation  ol 


Ac*  1328,  g  1  GBNBRAL,  LAWS.  •  624 

the  law,  not  warranting  forfeiture  of  the  matter  for  determination  In  a  separate  pro- 
office  to  which  he  had  been  elected. — Land  ceeding,  and  the  trial  court  did  not  err  in 
V.  Clark,  132  Cal.  673,  64  Pac.  1071.  refusing  to  allow  the  contestee  to  allege  as 

16.  DiKcretiun  of  trial  court  in  election  a  part  of  his  defense  a  violation  of  that  act 
contests. — The  trial  court  is  vested  with  a  on  the  part  of  the  contestant. — Maddux  v. 
large  discretion  in  matters  relating  to  elec-  Walthall,  141  Cal.  412,  74  Pac.  1026. 

tion   contests  under   the   purity   of   elections  19. — Primary     elections. — The      purity     of 

act   of  1893,    and   successful   candidates   are  elections  act   of  1893   has  no  application  to 

not  to  forfeit  their  ofp.ces  for  merely  tech-  primary     elections. — People    v.    Cavanaugh, 

nical  violations  of  the  law. — Land  v.  Clark,  112  Cal.  674,  44  Pac.  1057. 
132  Cal.  673,  64  Pac.  1071.  20.     Rental    of   quarters   for    political    or- 

17.  Personal  interest  of  contestant. — The  eanization. — Where  there  was  evidence 
fact  that  the  contestant  has  a  personal  in-  which  would  have  warranted  a  finding  that 
terest  in  an  election  contest  under  the  pur-  a  political  organization  occupied  rented 
ity  of  elections  act  of  1893,  as  one  claiming  premises  under  the  authority  and  permis- 
the  office  himself,  can  not  affect  the  validity  sion  of  the  defendant  and  that  the  lease  of 
of  the  act  Itself,  In  view  of  the  fact  that  the  the  defendant  was  a  general  lease  having 
legislature  was  empowered  to  authorize  any  no  relation  to  any  candidate  or  election 
(.lector  to  take  proper  steps  to  determine  committee,  it  was  error  to  direct  a  verdict 
whether  a  candidate  was  legally  elected  or  in  favor  of  the  defendant,  upon  the  theory 
not. — Maddux  v.  Walthall,  141  Cal.  412,  74  that  the  premises  were  rented  for  a  politi- 
Pac.  1026.  cal  organization  and  that  plaintiff  had  not 

18.  Materiality  of  violations    of    law    by  complied   with   the   purity   of   elections   law, 
the  contestant. — If  a  contestant  has  himself  in  presenting  his  claim  for  rental. — Lucken- 
vlolated  any  of  the  penal  provisions  of  the  bach  v.  Lissner  (Cal.  App),  186  Pac.  629. 
purity   of  elections   act   that   is   properly   a 

COMMISSION  ON  VOTING  OR  BALLOTING  MACHINES. 
ACT  1328 — An  act  creating  a  state  commission  on  voting  or  balloting  machines,  defin- 
ing their  powers,  and  providing  for  the  use  at  the  option  of  indicated  local  authorities 
of  voting  or  ballot  machines  for  receiving  and  registering  the  vote  in  one  or  more 
precincts  of  any  county,  or  city  and  county,  city  or  town,  at  any  or  all  elections  held 
therein,  and  for  ascertaining  the  result  at  such  elections;  and  providing  for  the 
punishment  of  all  violations  of  the  provisions  of  this  act. 

History:  Approved  March  20,  1903,  Stats.  1903,  p.  262.  Amended 
March  15,  1907,  Stats.  1907,  p.  288;  March  19,  1907,  Stats.  1907,  p.  644; 
January  22,  1912,  Stats.  1912  (ex.  sess.),  p.  244;  April  21,  1911,  Stats. 
1911,  p.  980;  June  11,  1913,  Stats.  1913,  p.  691.  Supplemented  March  19, 
1907,  Stats.  1907,  p.  647.     (See  Act  1329.) 

Creation  of  commission.    What  machines  may  be  used.    Duty  of  secretary  of  state. 

Approval.    Expenses  of  commission. 

$  1.  1.  The  governor,  secretary  of  state  and  attorney-general,  and  their  successors 
in  office  are  hereby  created  and  constituted  the  state  commission  on  voting  or  ballot 
machines.  It  shall  be  the  duty  of  said  commissioners  to  examine  all  voting  or  ballot 
machines  which  may  be  offered  for  their  inspection  in  order  to  determine  whether 
such  machines  comply  with  the  requirements  of  this  act,  and  can  safely  be  used  by 
voters  at  elections  under  the  provisions  of  this  act;  and  no  machine  or  machines  shall 
be  provided  by  the  board  of  supervisors,  or  other  board  having  charge  and  control  of 
elections  in  each  of  the  counties,  and  cities  and  counties,  cities  or  towns  of  the  state, 
unless  the  said  machine  or  machines  shall  have  received  the  approval  of  a  majority  of 
said  commission  as  herein  provided. 

2.  Any  machine  or  machines  which  shall  have  the  approval  of  a  majority  of  said 
commission  may  be  provided  for  use  at  elections  by  the  boards  authorized  so  to  do 
under  the  provisions  of  this  act.  The  report  of  said  commission  on  each  and  everj* 
kind  of  voting  or  ballot  machine  shall  be  filed  with  the  secretary  of  state  within  thirty 
days  after  their  examination  of  said  machines,  and  the  secretary  of  state  must  within 
five  days  after  the  filing  of  any  report  approving  any  machine  or  machines,  transmit 
to  the  boards  of  supervisors  or  other  boards  having  charge  and  control  of  elections  in 
each  of  the  counties  and  cities  and  counties,  cities  or  towns  of  the  state,  a  list  of  the 
machines  so  approved. 


«25  ELECTIONS.  Act  1328,  §§  2-4 

3.  No  machine  or  machines  shall  be  used  unless  such  machine  or  machines  shall  have 
received  the  approval  of  the  state  commission  at  least  ninety  days  prior  to  any  election 
at  which  such  machine  or  machines  are  to  be  used. 

4.  For  carrying  out  the  provisions  of  this  act  the  members  of  the  state  commission 
under  this  act  shall  be  allowed  their  actual  necessary  expenses. 

Supervisors  may  provide  for  use  of  voting  machines.    Machine  not  permitting  straight 

party  ticket. 

5  2.  The  board  of  supervisors,  or  other  board  having  charge  and  control  of  elections 
in  each  of  the  counties,  and  cities  and  counties,  cities  or  towns  of  the  state,  may,  at 
any  regular  meeting,  or  at  any  special  meeting  called  for  the  purpose,  provide  for  and 
require  the  use  of  a  voting  or  ballot  machine,  or  machines,  for  receiving  and  register- 
ing the  vote  at  any  or  all  elections  held  in  such  county,  city  and  county,  city  or  town, 
respectively,  or  in  any  one  or  more  precincts  thereof,  and  every  such  board  of  super- 
visors, or  other  board  having  charge  and  control  of  elections  in  each  of  the  counties, 
and  cities  and  counties,  cities  or  towns  of  the  state,  may  determine  upon  and  require 
the  use  of  voting  or  ballot  machines  at  any  and  all  elections  to  be  held  within  such 
county,  city  and  county,  city  or  town  of  the  state,  or  in  any  one  or  more  precincts 
thereof,  and  thereupon  the  voting  or  ballot  machine  or  machines  so  determined  upon 
and  required  shall  be  used  in  voting  for  all  public  officers,  or  candidates  for  nomination 
to  public  office,  to  be  voted  for  by  the  voters  of  such  counties,  cities  and  counties,  cities 
or  towns  of  the  state,  or  in  the  precinct  or  precincts  thereof  for  which  the  same  shall 
have  been  so  determined  upon  and  required,  and  also  in  voting  upon  all  amendments 
to  the  constitution,  and  upon  all  laws  or  propositions  or  questions  which  may  be  law- 
fully submitted  to  such  voters,  and  for  receiving  and  registering  the  votes  cast  at  any 
and  every  such  election.  Any  such  board  so  authorized  to  provide  for  and  require  the 
use  of  a  voting  or  ballot  machine  as  hereinbefore  specified,  may,  if  the  machine  has 
been  approved  as  in  this  act  required,  at  its  option  resolve  to  provide  and  use  onl.\ 
such  a  voting  or  ballot  machine  so  constructed  and  arranged  that  the  voting  or  bailor 
machine  will  not  permit  of  voting  a  straight  party  ticket,  or  for  any  candidate,  by 
any  other  method  than  by  turning  or  pushing  the  keys  separately  of  each  voting  space, 
for  each  separate  candidate  voted  for.  Party  nominations  may  be  designated  by  usual 
or  reasonable  abbreviation  of  party  names.  [Amendment  approved  April  21,  1911. 
Stats.  1911,  p.  980.] 

Joint  ownership. 

$  3.  In  purchasing  the  necessary  voting  or  ballot  machines  to  be  used  at  elections, 
as  herein  provided,  the  boards  of  supervisors  of  the  several  counties,  and  the  legisla- 
tive bodies  of  the  incorporated  cities  and  towns  therein,  may,  by  agreement,  entered 
into  by  said  board  of  supervisors  and  the  legislative  body  of  any  incorporated  city  or 
town  in  such  county,  provide  for  the  joint  purchase  and  subsequent  ownership  thereof, 
and  for  the  care,  maintenance  and  use  of  the  same. 

Facilities  for  voting  reauired  in  construction  before  approval.  Separate  voting  device 
for  each  candidate.  Use  of  machines  having  straight  ticket  mechanism.  Arrange- 
ment of  ballot. 

§  4.  No  voting  or  ballot  machines  shall  be  approved  by  the  said  board  unless  the 
same  be  so  constructed  as  to  provide  facilities  for  voting  for  the  candidates  of  as  many 
different  parties  or  organizations  as  may  make  nominations  for  office,  and  for  and 
against  as  many  different  propositions  or  amendments  as  may  be  submitted,  nor  shall 
any  such  machine  be  approved  unless  the  same  will  permit  a  voter  to  vote  for  any 
person  for  any  office;  it  must  enable  the  voter  to  vote  and  select  a  ticket  all  from  the 
nominees  of  one  party,  or  a  ticket  selected  in  part  from  the  nominees  of  one  party,  and 
in  part  from  the  nominees  of  any  or  all  other  parties,  and  in  part  from  independent 

Geii.  Laws — 40 


Act  1328,  §  5  GENERAL,  l.A'WS.  626 

nominations,  or  in  part  or  in  whole  of  the  names  of  persons  not  nominated  by  any 
party  or  upon  any  independent  ticket;  such  machines  must  also  secure  to  the  voter, 
privacy  and  secrecy  in  the  act  of  voting;  such  machines  must  also  be  so  constructed 
that  a  voter  can  not  vote  for  a  candidate  or  a  proposition  or  amendment  for  whom  or 
on  which  he  is  not  lawfully  entitled  to  vote,  also  to  prevent  voting  for  more  than  one 
person  for  the  same  office,  except  in  cases  where  the  voter  is  lawfully  entitled  to  vote 
for  more  than  one  person  for  the  same  office,  in  which  event  they  must  enable  the  voter 
to  vote  for  as  many  persons  for  that  office  as  he  is  by  law  entitled  to  vote,  and  no  more ; 
the}^  must  also  prevent  his  voting  more  than  once  for  the  same  person  for  the  same 
office;  and  allow  of  his  reversing  his  vote  in  case  of  mistake  or  desire  to  change;  and 
such  machines  must  be  so  constructed  that  all  votes  cast  for  any  person  voted  for,  or 
for  or  against  any  proposition  or  amendment  submitted  to  the  voters,  shall  be  accu- 
rately registered  or  recorded,  and  any  machine  to  be  approved  by  said  board  must  be 
of  such  kind,  style  or  pattern  as  will  permit  the  exercise  by  each  voter  of  the  full  right 
and  privilege  of  his  elective  franchise  under  the  constitution  and  laws  of  this  state. 
All  voting  machines  approved  by  the  state  commission  shall  have  a  separate  voting 
device  for  each  candidate  appearing  on  the  ballot.  Such  machines  may  also  have 
thereon  a  straight  ticket  device  for  each  of  the  parties  for  voting  a  straight  ticket  vote 
for  candidates  of  such  party;  but  if  so  equipped  with  separate  straight  ticket  voting 
devices,  such  separate  straight  ticket  voting  device  must  be  locked  out  of  operation. 
Machines  which  have  been  approved  with  such  straight  ticket  mechanism  thereon  may 
be  used  in  elections  with  such  mechanism  rendered  inoperative,  and  machines  with 
such  straight  ticket  mechanism  entirely  removed  therefrom,  or  machines  which  omit  a 
party  designation  of  candidates  by  column  or  line  which  have  been  approved,  may  be 
used  in  such  elections,  and  the  omission,  removal,  or  locking  out  of  operation  of  such 
straight  voting  mechanism  from  the  machine  that  has  otherwise  been  approved  by  the 
commission,  need  not  require  a  further  examination  and  approval  of  a  machine  of  that 
type.  The  ballot  at  any  election,  whether  general,  primary,  municipal,  or  otherwise, 
shall  be  arranged  upon  the  voting  machine  as  to  the  order  of  offices,  order  of  candi- 
dates' names,  and  in  other  respects  for  such  election,  as  required  by  the  law  prescribing 
the  form  and  order  of  the  ballot  for  such  election;  provided,  however,  that  blank 
spaces  for  the  writing  in  of  the  names  of  candidates  or  delegates  or  persons  to  be 
voted  for,  whose  names  are  permitted  to  be  written  upon  a  ballot  or  pasted  thereon  by 
adhesive  substance,  under  the  law  prescribing  the  form  of  the  ballot,  for  the  election, 
need  not  follow  in  the  same  order  or  place  or  places,  upon  a  voting  machine^  as  is  pre- 
scribed in  the  law  prescribing  the  fonn  of  ballot  for  the  election,  if  the  said  voting 
machine  be  so  constructed  and  capable  of  operation  that  all  persons  who  by  the  law 
prescribing  the  form  of  ballot  for  the  election  are  entitled  to  be  voted  for  by  writing 
in  the  name  of  such  person,  or  pasting  thereon  the  name  of  such  person  by  adhesive 
substance,  may  be  voted  for  by  and  upon  said  voting  machines,  and  such  votes  counted 
and  returned  as  fully,  correctly  and  effectually  as  might  have  been  done  by  the  use  of 
the  form  of  ballot  prescribed  by  law  for  the  election,  in  case  no  voting  machine  had 
been  used.  The  ballot  may  be  placed  upon  the  machine  so  the  columns  will  extend 
either  vertically  or  horizontally,  if  all  in  other  respects  save  as  to  the  said  blank  spaces 
the  ticket  is  in  the  form  and  order  which  would  exist  if  the  election  were  held  by  ballot 
and  without  a  voting  machine.  [Amendment  approved  January  22,  1912.  Stats.  1911, 
p.  244,  extra  session.] 
This  section  was  also  amended  April  21,  1911.     Stats.  1911,  p.  981. 

Supervisors  to  furnish  machines,  etc. 

^  5.  The  board  of  supervisors  or  other  board  having  charge  and  control  of  elections 
adopting  a  voting  or  ballot  machine  shall,  as  soon  as  practicable  thereafter,  provide  for 
such  polling  place  or  places,  as  they  may  determine,  one  or  more  voting  machines  in 


62T  ELECTIONS.  Act  1338,  §§ «,  7 

complete  working  order  and  also  such  other  accessories  as  may  be  required  for  the 
practical  working  of  the  machine,  and  shall  thereafter  preserve  and  keep  the  machines 
in  repair,  and  shall  have  custody  of  the  furniture  and  equipment.  If  it  shall  be  imprac- 
ticable to  supply  each  and  every  election  precinct  with  voting  or  ballot  machine  or 
machines  at  any  election  following  such  adoption,  as  many  may  be  supplied  as  it  is 
practicable  to  procure,  and  the  same  may  be  used  in  such  election  precincts  within  the 
county,  or  city  and  county,  city  or  town,  as  the  board  having  control  may  direct. 
Where  the  board  having  charge  and  control  of  elections,  is  not  the  board  having  control 
of  appropriations  of  money  generally  for  the  territory,  but  receives  its  appropriation 
from  the  board  of  supervisors,  or  board  having  control  of  appropriations  of  money  gen- 
erally for  the  territory;  then  and  in  such  event  the  board  of  supervisors  or  board  hav- 
ing control  of  appropriations  of  money  generally,  for  the  territory  represented  by  such 
board  so  having  charge  and  control  of  elections,  shall  have  exclusive  power  to  purchase 
or  otherwise  provide  voting  or  ballot  machines  for  use  in  such  territory.  The  board  of 
supervisors  or  board  having  control  of  the  finances  of  any  county,  city  and  county,  or 
political  subdivision,  shall  have  power  to  sell,  lease,  alter,  exchange,  or  otherwise  at  its 
discretion  dispose  of  any  voting  machine  or  voting  machine  appliances  owned  by  such 
county,  or  city  and  county.     [Amendment  adopted  April  21, 1911.    Stats.  1911,  p.  982.] 

Election  supplies  to  be  furnished  not  later  than  twenty-four  hours  preceding  election. 
$  6.  The  county  clerk,  registrar  of  voters,  or  city  or  town  clerk,  as  the  case  may  be, 
shall  not  later  than  twenty-four  hours  next  preceding  the  election,  cause  to  be  deliv- 
ered to  one  of  the  inspectors  of  election,  duly  appointed,  at  his  residence,  all  necessarj' 
supplies,  stationery,  blank  forms,  poll  and  tally  lists,  and  instructions  to  voters,  neces- 
sary and  proper  to  the  conduct  of  the  election  and  to  the  counting  and  canvassing  of 
the  votes,  and  the  return  thereof,  which  forms,  blanks,  lists,  and  other  stationery  shall 
have  been  previously  prepared  by  the  said  county  clerk,  registrar  of  voters,  or  city  or 
town  clerk,  as  the  case  may  be,  in  such  manner  as  to  be  adapted  to  the  conducting  and 
returning  of  such  election  by  such  voting  or  ballot  machines  as  are  used  at  the  election. 
The  supplies  previously  mentioned  to  be  delivered  to  such  inspector,  shall,  in  addition 
to  all  other  necessary  forms,  lists,  or  blanks,  include  one  card  stating  the  penalty  for 
tampering  with  or  injuring  a  voting  machine;  two  seals  for  sealing  voting  machines; 
one  envelope  in  which  the  keys  to  the  voting  machine  are  sealed,  said  envelope  to  have 
printed  or  written  thereon  the  number  and  location  of  the  election  precinct  in  which  the 
machine  is  to  be  used,  the  number  of  the  machine,  the  number  shown  on  the  protective 
counter  thereof,  after  the  machine  has  been  prepared  for  the  election,  and  any  designa- 
tion that  may  be  on  such  seal  as  the  machine  is  sealed  with.  Said  envelope  to  have 
attached  to  it  a  detachable  receipt  for  the  delivery  of  the  keys  of  the  voting  machine 
lo  the  inspector  of  the  election  at  his  residence;  one  envelope  in  which  the  keys  to  the 
voting  machine  can  be  returned  by  the  inspectors  after  the  election;  one  card  stating 
the  name  and  telephone  address  of  the  superintendent  for  the  day  of  election-  two 
diagrams  of  the  voting  face  of  the  machine  as  appears  after  the  ballot  label  showing 
the  titles  of  the  offices  and  the  names  of  the  candidates,  and  statement  of  propositions, 
together  with  the  voting  indicators  for  each,  shall  have  been  inserted  in  the  voting 
machine,  and  also  suitable  printed  instructions  for  the  guidance  of  the  board  of  elec- 
tion.    [Amendment  approved  April  21,  1911.     Stats.  1911,  p.  983.] 

Designation  of  voting  machine  instructors  and  instruction  of  election  officers.     Certifi- 
cates of  competency.    Preference  to  persons  holding. 

$  7.  At  least  twenty  days  before  any  election,  other  than  a  special  election,  at  which 
voting  machines  are  to  be  used  in  any  political  subdivision,  the  county  clerk,  registrar 
of  voters  or  city  or  town  clerk,  as  the  case  may  be,  shall  designate  one  or  more  depu- 
ties, to  be  provided  by  the  board  having  charge  and  control  of  elections,  who  are  com- 


Act  1328,  g  8  GENERAL   LAW  S.  G28 

petent  for  the  purpose,  as  voting  machine  instructors,  and  shall  cause  one  or  more 
voting  machines  of  the  type  to  be  used  at  the  election,  to  be  set  up  in  his  office,  for  the 
purpose  of  having  such  voting  machine  instructors  give  instructions  to  persons  apply- 
ing to  serve  as  election  officers  at  the  ensuing  election,  and  shall  also  publish  notice  in 
one  or  more  daily  or  weekly  newspapers,  in  such  political  subdivision,  if  any  is  there 
published,  stating  that  instructions  will  be  given  at  such  office  (stating  the  location 
thereof)  as  to  the  use  of  voting  machines,  to  all  persons  otherwise  qualified,  who  shall 
apply  to  serve  as  election  officers,  at  the  ensuing  election,  and  requesting  qualified  per- 
sons to  attend  at  such  office  and  apply  to  serve,  and  take  such  instructions.  Such 
notice  may  also  be  sent  by  mail  to  all  such  persons  as  the  said  county  clerk,  registrar 
of  voters  or  city  or  town  clerk,  may  deem  likely  to  take  the  same.  Such  voting  machine 
instructors  shall  give  such  instructions  to  those  who  apply  (subject  to  the  control  of 
the  clerk  or  registrar  of  voters,  that  too  great  a  number  from  a  given  precinct  need  not 
be  instructed)  and  shall  report  the  result  to  such  clerk  or  registrar  of  voters,  and  such 
clerk  or  registrar  of  voters,  if  satisfied  with  the  report,  may  issue  a  certificate  of 
competency  to  such  person,  and  shall  enter  the  name  of  such  person  in  the  proper 
book,  by  precincts,  with  the  residence  of  such  person  and  the  date  of  certificate  of 
competency,  and  mail  such  certificate  to  such  person  at  the  address  shown  by  his  appli- 
cation or  registration.  In  making  up  a  recommendation  of  names  of  persons  suitable 
for  election  officers,  the  clerk  or  registrar  of  voters,  shall,  where  the  person  is  other- 
wise qualified  and  able  to  serve,  prefer  the  persons  in  each  precinct,  who  have  received 
such  a  certificate,  and  the  persons  thus  shown  in  such  recommendation  shall  be 
appointed  as  election  officers  in  the  proper  precincts,  and  unless  they  fail  to  appear  and 
be  sworn  or  are  excused  for  cause,  by  the  clerk  or  registrar  of  voters,  shall  serve  as  an 
election  officer  at  the  election.  [Amendment  approved  June  11, 1913.  Stats.  1913,  p.  691.] 
This  section  was  also  amended  April  21,  1911.     Stats.  1911,  p.  983. 

Duties  of  precinct  hoards. 

5  8.  The  precinct  board  of  election  of  each  precinct  shall  meet  at  the  polling  place 
therein,  at  least  one  hour  before  the  time  set  for  the  opening  of  the  polls  at  each  elec- 
tion, and  shall  proceed  to  arrange  within  the  guard  rail  the  furniture,  stationery,  and 
voting  or  ballot  machine  for  the  conduct  of  the  election.  The  inspectors  of  election 
shall  then  and  there  have  the  voting  or  ballot  machine,  instructions  to  voters,  and  sta- 
tionery required  to  be  delivered  to  them  for  such  election.  The  inspector  shall  there- 
upon cause  at  least  two  instruction  cards  to  be  posted  conspicuously  within  the  polling 
place.  They  shall  see  that  the  model,  if  such  model  is  furnished,  is  placed  where  each 
voter  can  conveniently  operate  it  and  receive  instructions  thereon  as  to  the  manner  of 
voting  before  entering  the  machine.  They  shall  post  one  diagram  inside  the  polling- 
room  and  one  outside,  in  places  where  the  voters  can  conveniently  examine  them.  They 
shall  see  that  the  lantern  or  other  means  provided  for  giving  light  is  in  such  a  condi- 
tion that  the  voting  machine  is  sufficiently  lighted  to  enable  voters  to  readily  read  the 
names  on  the  ballot  labels.  They  shall  see  that  the  ballot  labels  are  in  their  proper 
places  on  the  machine.  They  shall  open  the  counting  compartment  of  the  voting  ma- 
chine in  the  presence  of  the  public  and  the  members  of  the  board  of  election,  before  the 
opening  of  the  polls,  and  inspect  the  recording  dials  of  such  machine,  and  see  that  each 
counter  number  on  each  dial  for  a  candidate  is  set  at  zero  (000)  and  make  a  certificate 
substantially  in  the  form  hereinafter  provided.  If  any  counter  number  upon  such  dial 
for  any  candidate  is  found  not  to  register  zero  (000),  a  statement  of  the  actual  register 
of  such  counter  number,  together  with  the  designating  number  of  said  dial  and  letter, 
shall  be  made  and  signed  by  the  election  board  as  to  every  such  dial  number,  so  found 
registered  above  zero  (000).  In  such  event,  in  each  separate  case,  the  number  so  found 
above  zero  (000)  upon  the  dial  of  any  particular  candidate  muat  be  deducted  from  the 


629 


ELECTIONS. 


Act  1328,  §  9 


total  vote  of  such  candidate  as  shown  upon  that  counter  number  at  the  close  of  the 
polls.  The  tally  sheet  shall  have  plainly  printed  thereon,  so  as  to  occupy  an  entire  page 
thereof,  a  statement  and  certificate  substantially  in  the  following  form: 

Notice  to  election  officers. 
The  board  of  election  shall  before  opening  the  polls,  open  the  counting  compartment 
of  the  voting  machine  in  the  presence  of  the  public  and  the  numbers  of  the  board  of 
election,  and  inspect  the  recording  dials  of  such  machine,  and  see  that  each  counter 
number  on  each  dial  for  a  candidate  is  set  at  zero  (000)  and  make  a  certificate  substan- 
tially in  the  form  below  provided.  If  any  counter  number  upon  such  dial  for  any  can- 
didate is  found  not  to  register  zero  (000),  a  statement  of  the  actual  register  of  such 
counter  number,  together  with  the  designating  number  of  such  dial  and  letter,  shall  be 
made  and  signed  by  the  election  board  as  to  every  such  dial  number  so  found  registered 
above  zero  (000).  In  such  event,  in  each  separate  case,  the  number  so  found  above 
zero  (000)  upon  the  dial  of  any  particular  candidate  must  be  deducted  from  the  total 
vote  of  such  candidate,  as  shown  upon  that  counter  number  at  the  close  of  the  polls. 

Certificate. 
We,  the  undersigned  members  of  the  election  board  of  election  precinct  No.  , 


hereby  certify  that  the  following  statement  is  a  correct  statement  of  all  counter  num- 
ber dials  upon  the  voting  machine  or  machines  used  at  said  precinct,  which  were  found 
to  have  the  counter  number  upon  any  dial  thereon  registered  above  zero  (000),  as  found 
by  an  examination  and  inspection  made  by  said  election  board  at  said  precinct  before 
the  opening  of  the  polls  and  in  the  manner  provided  by  law,  and  that  the  name  of  each 
candidate  affected  thereby  is  hereinbelow  respectively  and  separately  stated,  together 
with  each  such  separate  dial  number  and  each  such  separate  letter  of  such  respective 
dial,  and  the  number  so  registered  above  zero  (000),  upon  any  such  respective  counter 
dial,  and  also  the  number  of  votes  shown  ui^on  any  such  respective  counter  dial  at  the 
close  of  the  polls,  together  with  the  total  vote  received  by  any  such  candidate  so 
affected,  after  deducting  from  such  total  vote  the  number  so  found  registered  above 
zero  (000)  upon  the  counter  number  dial  of  such  respective  candidate  or  candidates: 


Name 

Dial 

number 

Letter 

Counter 

register  at 

opening 

of  polls 

above  zero 

(000) 

Counter 
register 
at  close 
of  polls 

Total  vote 
received 

Signed : 


.,  Inspector. 
. ,  Inspector. 
. ,  Judge. 
. ,  Judge. 


[Amendment  approved  April  21,  1911.     Stats.  1911,  p.  984.] 

Machines  to  be  in  plain  view. 

§  9.  The  exterior  of  the  voting  or  ballot  machine  and  every  part  of  the  polling-place 
shall  be  in  plain  view  of  the  election  officers  and  public.  The  voting  or  ballot  machines 
shall  be  placed  at  least  three  feet  from  every  wall  and  partition  of  the  polling-place, 
and  at  least  three  feet  from  the  guard-rail.  A  guard-rail  shall  be  constructed  at  least 
three  feet  from  the  machine,  with  openings  to  admit  electors  or  officers  of  election  to 
and  from  the  machine. 


Aft  1328,  §§  10,  11  GENKRAL   LAAVS.  630 

Instructing  voter  in  operation  of  machine.     Voting  secret.     Time  voter  may  remain 

within  machine  booth. 

$  10.  After  the  opening  of  the  polls,  the  inspectors  shall  not  allow  any  voter  to  pass 
within  the  guard-rail  until  they  ascertain  that  he  is  duly  entitled  to  vote.  Before  each 
voter  enters  the  voting  machine,  the  inspectors  of  election  shall,  so  far  as  possible, 
infoiTB  him  how  to  operate  the  machine,  and  illustrate  same  upon  the  model  of  the 
machine,  if  any  be  furnished,  and  call  his  attention  to  the  diagram.  If  any  voter  shall, 
after  entering  the  voting  machine,  ask  for  information  regarding  its  operation,  the 
inspectors  of  election  shall  give  him  such  necessary  information.  The  operation  of 
voting  by  an  elector,  while  voting,  shall  be  secret  and  obscured  from  all  other  persons 
except  as  provided  in  cases  of  voting  by  assisted  electors.  At  any  election  at  which  the 
number  of  officers  to  be  elected  plus  the  number  of  propositions  or  amendments  to  be 
voted  on  shall  together  make  a  total  of  fifteen  or  less,  no  voter  shall  remain  within  the 
voting  or  ballot  machine  booth  longer  than  two  minutes,  and  if  he  shall  refuse  to  leave 
it  after  the  lapse  of  two  minutes,  he  may  be  removed  by  the  inspectors.  At  any  elec- 
tion at  which  the  number  of  officers  to  be  elected  plus  the  number  of  propositions  or 
amendments  to  be  voted  on  shall  together  make  a  total  of  more  than  fifteen,  no  voter 
shall  remain  within  the  voting  or  ballot  machine  booth  longer  than  three  minutes,  and 
if  he  shall  refuse  to  leave  it  after  the  lapse  of  three  minutes  he  may  be  removed  by 
the  inspectors.  The  inspectors  of  election  shall  occasionally  examine  the  face  of  the 
machine  and  the  ballot  labels  to  determine  if  same  have  been  injured  or  tampered  with. 
No  vote  cast  in  the  irregular  or  blank  column  shall  be  counted  for  a  person  whose  name 
is  printed  upon  the  ballot  or  face  of  the  machine  as  a  candidate  for  the  same  office  for 
which  he  is  voted  in  the  irregular  or  blank  column.  All  voters  in  the  polling  place 
or  standing  in  line  entitled  to  vote,  at  the  hour  for  closing  the  polls,  must  be  permitted 
to  vote.     [Amendment  approved  April  21,  1911.     Stats.  1911,  p.  986.] 

This  section   was  also  amended   in   1907.     Stats.  1907,  p.  288. 

Canvass  of  votes. 

§  11.  As  soon  as  the  polls  of  the  election  are  closed  the  inspectors  of  election  thereat 
shall  immediately  lock  the  voting  or  ballot  machine  against  voting,  and  in  the  presence 
and  full  view  of  the  public  who  may  be  lawfully  within  the  polling  place,  proceed  to 
demonstrate  and  declare  the  result  of  such  election  as  registered  or  recorded  or  received 
by  the  machine,  (subject  to  any  legal  deductions  made  under  the  provisions  of  section  8 
of  this  act)  in  the  following  manner:  One  of  the  inspectors  shall,  under  the  scrutiny 
of  the  other  inspector,  of  a  different  political  party,  in  the  order  of  the  offices  as  their 
titles  are  arranged  on  the  machine,  commencing  with  the  first  party  or  top  column, 
or  commencement  of  the  ticket  as  arranged,  announce  in  distinct  tones  to  the  clei-ks 
of  election,  the  designating  number  and  letter  of  each  counter,  and  the  vo.te  registered 
thereon,  and  the  clerks  of  election  shall  correctly  record  each  announcement  so  made 
upon  separate  respective  tally  sheets  provided  for  that  purpose,  before  another  an- 
nouncement is  made  by  the  inspector.  The  said  inspector  shall  then  in  like  manner 
announce  the  vote  recorded  for  each  office  on  the  irregular  ballot,  and  the  election  clerks 
shall  in  like  manner  record  the  same.  The  inspector  shall  then  also  in  like  manner 
announce  the  vote  on  each  question  or  proposition  submitted  at  the  election,  and  the 
clerk  shall  in  like  manner  record  the  same.  The  canvass  of  each  office  shall  be  com- 
])leted  before  proceeding  to  the  next,  and  the  vote  as  announced  shall  be  written  by  the 
clerks  in  ink  on  the  two  tally  lists  provided  therefor  in  the  same  order.  After  com- 
pleting and  writing  down  the  canvass,  in  the  manner  aforesaid,  the  inspectors  of  elec- 
tion shall  verify  the  same  by  comparing  the  figures  on  the  tally  lists  with  the  fiigures  on 
the  counters  in  the  machine,  and  the  names  recorded  on  or  in  the  device  for  voting  for 
persons  not  nominated,  and  also  with  the  result  registered  on  the  machine  as  to  the 
vote  upon  questions  or  propositions,  and  in  making  such  comparison  and  verification, 


eSl  ELECTIONS.  Act  132S,   §12 

one  of  the  inspectors  shall  again  distinctly  announce  and  recall  aloud  the  vote  registered 
upon  each  counter.  The  board  of  election  shall  then  certify  in  the  appropriate  place 
on  the  tally  list,  as  to  the  number  of  voters  that  voted  at  the  election,  as  shown  by  the 
poll  lists,  and  by  the  number  registered  on  the  public  counter,  and  the  niimber  regis- 
tered on  the  protective  counter,  and  the  number  or  other  designating  mark  on  the  seal 
with  which  the  machine  has  been  sealed,  together  with  other  information  regarding  the 
machine  as  provided  on  the  tally  list.  The  counter  compartment  of  the  voting  machine 
shall  remain  open  until  the  tally  list  and  all  other  reports  have  been  fully  completed 
and  signed,  after  which  they  shall  lock  the  counter  compartment  and  deliver  the  keys 
thereof  in  a  sealed  envelope  to  the  county  clerk,  registrar  of  voters,  or  city  or  town 
clerk,  as  the  case  may  be.     [Amendment  approved  April  21,  1911.     Stats.  1911,  p.  987.] 

Duties  of  inspectors.    Opening  machine.    Records.    Contest. 

§  12.  The  inspectors  of  election  shall,  as  soon  as  the  result  is  fully  ascertained  and 
declared,  as  in  the  preceding  section  required,  lock  the  machine  so  that  the  record  of 
each  election  shall  be  preserved  for  the  period  of  six  months  following  such  election, 
except  in  cases  where  the  machine  is  required  for  use  in  a  subsequent  election  during 
such  period,  in  which  case  the  board  of  supervisors  or  other  board  having  charge  and 
control  of  elections  shall  ins2:)ect  the  registering  or  recording  and  receiving  device  of 
the  machines  and  file  a  report  of  said  inspection  with  the  county  clerk  or  registrar 
of  voters.  Said  report  of  said  board  when  so  certified  and  filed  shall  be  prima  facie 
evidence  of  the  vote  at  such  election.  Any  supplementary  or  duplicate  record  of  an 
election,  which  may  be  furnished  by  a  machine,  shall  be  preserved  by  the  county  clerk 
or  registrar  of  voters  for  one  year  following  such  election.  Whenever  either  house  of 
the  legislature  shall  by  resolution,  adopted  and  entered  upon  its  journal,  direct  that 
any  standing  or  special  committee  of  such  house,  shall  be  empowered  to  open  and  exam- 
ine any  voting  machine  or  voting  machines  which  were  used  at  any  election  held  within 
six  months  before  the  passage  of  such  resolution,  the  committee  of  such  house  so 
empowered  and  authorized  shall  have  the  power  and  authority  by  its  resolution  in 
writing  to  order  any  such  machine  or  machines  to  be  opened,  inspected  or  examined 
in  any  manner  which  such  committee  shall  prescribe.  If  the  opening  of  such  a  machine 
or  machines  be  for  the  purpose  only  of  counting  or  recounting  the  votes  cast  or  regis- 
tered at  said  election  in  a  contest  pending  before  such  house,  then  and  in  such  event 
the  opening  thereof  and  such  count  or  recount  must  be  made  in  the  presence  of  said 
committee,  or  its  sub-committee  duly  designated  by  its  resolution  in  writing  for  such 
i:)urpose.  If  the  opening  of  such  machine  or  machines  be  for  any  other  purpose  or  for 
the  investigating  of  the  mechanism  and  manner  of  operation  of  a  machine  or  machines, 
or  for  determining  or  reporting  upon  the  mode  of  its  operation,  or  its  nature  as  a  safe 
mechanical  appliance  for  the  receiving  and  registration  of  the  votes  of  electors,  then 
the  committee  must  by  its  resolution  in  writing  specify  the  person  or  persons  who  are 
to  make  such  mechanical  or  expert  inspection,  and  the  place  where  and  the  time  when 
such  inspection  is  to  commence,  and  may,  if  it  deem  proper,  limit  the  duration  of  such 
inspection,  and  fix  the  place  where  the  same  is  to  be  made,  and  state  whether  the  same 
is  to  be  made  in  the  presence  of  the  said  committee,  or  of  its  duly  appointed  sub- 
committee, or  of  any  other  person  or  persons  to  be  named  bj'  said  committee.  Every 
person  employed  or  permitted  to  take  part  in  any  such  inspection  of  such  a  machine  or 
machines,  or  in  whose  presence  said  inspection  occurred,  may  be  required  to  attend  and 
testify  as  a  witness  before  such  committee  if  required,  and  be  subject  to  the  subprena 
of  such  committee.  If  such  machine  or  machines  be  opened  under  the  provisions  of 
this  section  by  order  of  such  committee,  the  said  committee,  or  its  sub-committee  duly 
ai)pointed,  shall  immediately  upon  opening  the  doors,  or  the  opening  to  the  dial  or  place 
where  the  votes  thereon  are  registered,  Avhich  were  cast  at  the  last  election,  take  off 
in  writing  the  complete  record  of  votes  for  all  candidates  which  are  recorded  or  regis- 


Act  1328,  §§  13,  14  GENERAL   LAWS.  632 

tered  upon  or  by  said  machine,  and  certify  the  same  to  be  true  and  correct,  -with  the 
date  of  such  certificate,  and  place  the  same  in  an  envelope,  and  seal  the  same  in  the 
manner  required  for  sealing  election  returns,  and  make  an  indorsement  upon  the  out- 
side of  such  envelope  stating  the  number  of  the  machine  whose  record  is  inclosed,  and 
forthwith  file  the  same  with  the  county  clerk,  or  registrar  of  voters,  of  the  county,  or 
city  and  county,  where  such  election  was  held,  who  shall  receive  and  keep  the  same 
with  the  other  returns  of  the  said  election  in  his  oflSce  for  a  period  of  twelve  months 
from  the  date  of  said  election,  and  such  record  shall  in  any  court  having  jurisdiction 
of  an  election  contest  be  prima  facie  evidence  of  its  contents  in  any  case  where  the  vote 
upon  such  a  machine  or  machines  might  have  been  recounted  by  the  court  if  such 
machine  or  machines  had  not  been  previously  opened  or  the  result  thereof  in  any  man- 
ner affected.  Immediately  upon  the  conclusion  of  such  investigation,  examination  and 
inspection  of  such  machine  or  machines,  the  same  shall  be  again  securely  locked  by  the 
clerk,  or  registrar  of  voters,  or  the  said  committee  or  its  sub-committee,  and  the  keys 
thereof  returned  to  the  officer  entitled  to  possession  of  the  same  under  the  provisions 
of  this  act,  and  shall  not  be  again  opened  except  in  accordance  with  the  provisions  of 
this  act.  One  voting  machine  of  each  kind  or  pattern  may  be  taken  by  such  committee 
or  upon  its  order,  and  upon  its  receipt  therefor,  to  the  city  of  Sacramento,  or  the 
state  capital,  and  there  kept  under  the  directions  of  such  committee,  but  no  such 
machine  shall  be  so  taken  or  transported  without  the  consent  of  the  owner  thereof, 
unless  the  same  be  the  property  of  a  city,  county,  or  city  and  county,  or  other  political 
subdivision  of  the  state.  If  such  committee  shall  permit  such  a  machine  or  machines  to 
be  taken  apart,  then  and  in  such  event  the  said  committee  shall  cause  the  same  to  be 
restored  and  properly  put  together  again,  before  or  at  the  termination  of  its  investiga- 
tion, and  to  be  returned  by  order  of  such  committee,  and  at  the  expense  of  the  state, 
to  the  place  from  which  it  was  taken.  If  any  such  machine  or  machines  be  taken  to 
Sacramento,  or  the  state  capital,  under  the  provisions  of  this  section,  and  the  legisla- 
ture shall  adjourn  sine  die,  without  such  machine  or  machines  having  been  so  restored 
and  returned  by  such  committee,  then  and  in  such  event  the  secretary  of  state  shall 
forthwith,  upon  such  adjournment,  take  charge  of  such  machine  or  machines,  and  cause 
the  same  to  be  properly  restored  and  returned  to  the  place  or  places  respectively  from 
which  the  same  were  taken,  and  the  expense  thereof  shall  be  a  charge  against  the  state, 
and  a  written  demand  therefor,  verified  by  the  secretary  of  state,  must  be  allowed  by 
the  controller  by  his  indorsement  of  allowance  thereon,  and  thereupon,  upon  presenta- 
tion, the  same  shall  be  paid  to  the  secretary  of  state  by  the  state  treasurer  out  of  any 
funds  of  the  state  not  otherwise  appropriated.  Any  voting  machine  used  at  an  election 
may,  within  six  months  from  the  date  of  such  election,  in  any  election  contest,  or  action 
in  the  nature  of  quo  warranto  in  any  court  of  this  state  having  jurisdiction  thereof, 
be  opened  by  order  of  such  court  and  in  its  presence,  for  the  purpose  of  recounting 
the  vote  involved  in  such  election  contest,  under  the  same  rules  and  conditions  that 
apply  to  the  opening  of  packages  of  sealed  ballots  and  the  recounting  of  the  same, 
and  must  be  forthwith  locked  again  as  soon  as  the  result  upon  each  machine  is  tallied, 
and  in  the  presence  of  the  said  court.  [Amendment  approved  March  19,  1907.  Stats. 
1907,  p.  644.] 

Misconduct  at  elections. 

§  13.  The  provisions  of  the  law  relating  to  misconduct  at  elections  shall  apply  to 
elections  with  voting  or  ballot  machines. 

Precincts  where  voting  machines  are  used. 

§  14.  Where  voting  machines  are  used  the  precincts  shall  be  established  or  created 
in  the  manner  provided  by  sections  1127,  1128,  1129,  and  1130  of  the  Political  Code  of 
the  state  of  California.     [Amendment  approved  June  11,  1913.     Stats.  1913,  p.  G92.] 

This  section   was  also  amended  April  21,  1911.     Slats.  1911,  p.   988. 


633  ELECTIONS.  Act  1328,  §§  15,  Ifi 

Official  ballot 

$  15.  The  list  of  candidates  used  or  to  be  used  on  the  voting  or  ballot  machine  shall 
be  deemed  an  official  ballot  under  this  act  for  an  election  precinct  in  which  a  voting  or 
ballot  machine  is  used,  pursuant  to  law.  The  Avord  "ballot"  as  used  in  this  act  (except 
when  reference  is  made  to  independent  ballots)  means  that  portion  of  the  cardboard, 
or  paper,  or  other  material  within  the  ballot-frames,  containing  the  name  of  the  candi- 
date for  office,  or  a  statement  of  a  projoosed  constitutional  amendment,  or  other  question 
or  proposition  with  the  word  "For"  or  the  word  "Against,"  or  "Yes"  or  "No." 

Election  ofl&cers.     Superintendent  of  machines.     Salary.    Oath.    Bond.    Duties. 

§  16.  The  provisions  of  section  1142  of  the  Political  Code  shall  apply  where  voting 
or  ballot  machines  are  used  pursuant  to  this  act,  provided,  however,  that  at  any  pre- 
cinct or  polling  place  where  two  voting  machines  are  used,  two  additional  clerks  of 
election  shall  be  appointed  for  service  at  such  polling  place,  for  the  election.  In  any 
city,  or  city  and  county,  or  county,  where  voting  machines  are  to  be  used  at  any  elec- 
tion, or  where  voting  machines  are  owned,  the  board  having  charge  and  control  of 
elections  may,  by  a  majority  of  such  board  adopt  a  resolution  to  be  entered  in  its  min- 
utes, provide  for  a  superintendent  as  herein  provided,  and  may  thereupon  select  and 
appoint  a  superintendent  for  the  care,  repair,  adjustment,  arrangement,  testing,  and 
prej^aration  of  voting  or  ballot  machines.  Such  person  must  be  a  skilled  machinist 
familiar  with  the  arrangement,  adjustment,  and  mechanism  of  voting  machines,  and 
shall,  before  his  appointment,  be  examined  by  the  board  having  control  of  elections  as 
to  his  competency  in  these  respects.  His  appointment  must  also,  where  made  for  a  ter- 
ritoi-y  wholly  included  within  any  city,  or  city  and  county,  be  approved  by  the  mayor 
of  any  such  city,  or  city  and  county,  who  shall  also  have  the  right  to  examine  such 
person  as  to  his  competency.  Said  superintendent  shall  be  considered  a  public  officer, 
and  shall  hold  office  under  such  appointment  until  removed  by  the  board  having  charge 
and  control  of  elections,  for  cause,  and  by  an  order  in  writing  entered  in  its  minutes, 
after  giving  such  superintendent  an  opportunity  to  be  heard,  which  order  of  removal 
shall  be  tinal  and  conclusive,  and  not  subject  to  review.  In  any  city,  county,  or  city 
and  county,  which  at  the  last  general  election  therein  had  a  registration  of  voters 
exceeding  seventy  thousand,  the  said  board  having  control  of  elections  may  fix  the 
compensation  of  such  superintendent  at  a  sum  not  to  exceed  the  rate  of  fifteen  hun- 
dred dollars  per  year,  payable  monthly,  and  may,  by  the  resolution  of  appointment, 
provided  such  appointment  is  made  by  the  year,  provide  that  the  services  of  such  super- 
intendent shall  be  given  exclusively  to  said  board  while  he  remains  in  its  employ,  or 
under  such  appointment.  Unless  such  appointment  is  made  by  the  year  and  in  the 
manner  last  mentioned  in  such  a  citj-,  county,  or  city  and  county,  and  in  any  event  in 
all  other  cases,  and  places,  such  superintendent  so  appointed  pursuant  to  this  act  shall 
receive  a  compensation  at  the  rate  of  ten  dollars  per  day,  for  every  day  he  shall  be 
actually  employed;  provided,  however,  that  in  any  such  place  where  his  compensation 
is  fixed  by  the  day  under  this  act,  the  board  having  control  of  elections  may  fix  his 
compensation  at  a  lesser  sum  when  he  is  employed  merely  as  caretaker  of  such  voting 
machines.  Such  superintendent  must  file  his  acceptance  of  the  appointment  with  the 
board  having  charge  and  control  of  elections  within  five  days  after  notice  of  his 
appointment,  and  before  entering  upon  his  duties  shall  take  the  oath  of  office  prescribed 
by  the  constitution  of  this  state  for  public  officers,  which  oath  may  be  taken  by  and 
filed  with  the  county  clerk,  or  registrar  of  voters,  and  file  a  bond  in  a  sum  to  be  fixed 
by  the  board  having  charge  and  control  of  elections,  and  not  less  than  ten  thousand 
(10,000)  dollars,  in  a  cit,y  and  county,  conditioned  for  the  faithful  performance  of  the 
duties  of  his  office,  with  surety  and  to  be  approved  and  recorded  as  may  be  required 
for  other  officers  of  such  city,  county,  or  city  and  count}';  and  it  shall  be  his  duty  to 
care  for,  keep  in  repair,  arrange,  adjust,  test,  and  prepare  all  voting  machines  for 


Alt  1328.  §  16a  C!I0M:KA1>   I.AAVS.  C34 

complete  and  correct  operation  at  any  election  in  the  political  subdivision  for  which  he 
is  appointed.  All  such  voting  or  ballot  machines  shall  be  by  him  or  under  his  direction, 
arranged,  adjusted,  and  prepared  for  correct  operation  at  any  election  in  accordance 
with  the  provisions  of  the  law  of  this  state,  and  in  accordance  with  the  mechanism  and 
rules  for  the  adjustment  and  correct  operation  of  such  voting  machines.  The  county 
clerk,  registrar  of  voters,  or  city  or  town  clerk,  as  the  case  may  be,  shall  deliver  to 
such  superintendent  for  his  guidance,  a  copy  of  any  written  or  printed  instructions 
which  may  be  furnished  by  the  person  or  corporation  which  manufacture  the  voting 
machines  in  use  in  such  political  subdivisions.  The  board  having  charge  and  control  of 
elections  may  also  select  and  employ  any  additional  persons,  as  assistants,  to  such 
superintendent,  in  the  performance  of  his  duties,  and  may  fix  and  allow  the  compensa- 
tion to  be  paid  to  said  assistants.  The  said  superintendent  of  voting  machines  shall, 
not  later  than  the  day  previous  to  the  day  of  election,  file  with  the  clerk,  or  registrar 
of  voters,  his  affidavit  specifying  the  voting  machines  by  number,  that  have  been 
adjusted  for  use  at  such  election,  and  stating  that  every  one  of  such  machines  that 
have  been  so  adjusted,  that  each  and  eveiy  of  its  counters,  which  register  the  votes  cast 
for  candidates,  are  adjusted  at  zero  (000),  and  that,  in  every  other  respect,  each  and 
every  voting  machine  is  adjusted  in  accordance  with  the  requirements  of  the  law  of  th** 
state,  and  according  to  the  mechanism  and  rules  for  the  adjustment  and  correct  opera- 
tion of  such  voting  machines.  Where  any  court,  or  justice,  or  judge,  of  any  court,  shall 
make  an  order  or  judgment,  or  otherwise  direct  any  change,  alteration  or  modification, 
to  be  made  in  the  ballot  labels  to  be  used  upon  any  voting  or  ballot  machine,  after  the 
sample  ballots  have  been  printed,  it  shall  not  be  necessary  to  print  or  distribute  new 
sample  ballots.     [Amendment  approved  April  21,  1911.     Stats.  1911,  p.  988.] 

Machines  to  be  examined,  tested,  and  sealed  before  elections. 

^  IGa.  "Within  not  more  than  thirty-five,  nor  less  than  twenty-five  days,  before  the 
holding  of  any  election  in  any  county,  city  and  county,  city  or  town,  at  which  is  to  be 
used  voting  or  ballot  machines,  under  the  provisions  of  this  act,  the  county  clerk,  regis- 
trar of  voters,  or  city  or  town  clerk,  as  the  case  may  be,  shall  fix  a  day,  which  shall  not 
be  more  than  twenty  days,  nor  less  than  five  days,  before  the  date  of  such  election, 
upon  which  the  voting  or  ballot  machines  to  be  used  at  such  election  shall  be  examined, 
tested  and  sealed  as  hereinafter  provided.  At  least  twenty  days  before  an  election  in 
any  political  subdivision  where  voting  machines  are  to  be  used  in  one  or  more  precincts 
of  such  subdivision,  under  and  pursuant  to  the  law  of  this  state,  it  shall  be  the  duty 
of  the  county  clerk,  registrar  of  voters,  or  city  or  town  clerk,  as  the  case  may  be,  to 
notify  in  writing,  by  mail,  with  postage  prepaid,  the  chairman  or  secretary  of  the  exec- 
utive or  central  committee  of  any  political  party  or  organization  for  the  territory,  the 
membership  of  which  may  have  made  nominations  of  candidates  to  be  voted  for  at  such 
election,  or  of  any  political  party  whose  party  name  is  lawfully  used  as  a  designation 
bv  a  candidate,  that  it  may  appoint  representative  of  such  political  party  who  shall  be 
authorized  to  attend  and  observe  the  final  adjustment,  testing  and  sealing  of  such  ballot 
machines,  and  thereupon  it  shall  be  the  i-ight  of  such  committee  to  appoint  as  many 
representatives,  not  to  exceed  three  for  each  political  party  or  organization,  as  it  may 
see  fit  to  select  for  such  purpose,  and  to  issue  certificates  of  such  appointment  to  such 
representatives,  by  the  secretaries  of  such  committees  or  organizations,  respectively. 
Such  notice  shall  also  name  and  specify  the  date  and  place  where  such  examination, 
testing  and  sealing  of  such  machines  will  commence,  and  that  the  same  will  continue, 
if  necessary,  at  said  place  from  day  to  day  until  completed.  The  committee  or  organ- 
ization empowered  to  appoint  such  representatives,  shall  immediately,  upon  making 
such  appointment,  notify  the  said  representative  or  representatives  so  appointed,  re- 
spectively, of  such  appointment  and  of  the  time  and  place  where  such  examination, 
testing  and  sealing  of  such  voting  or  ballot  machines  will  commence,  and  shall  also 


635  KLECTIOXS.  Act  1329,  §  1 

forthwith,  send  to  the  said  county  clerk,  registrar  of  voters,  or  city  or  town  clerk,  as 
the  case  may  be,  the  natae  and  full  address  of  each  such  representative  appointed. 
Thereafter,  at  the  time  specified  in  such  notice,  and  until  the  completion  thereof,  the 
said  representative  or  representatives  shall  be  entitled  to  attend  and  observe  the  final 
adjustment,  testing  and  sealing  of  such  voting  machines,  under  the  directions  of  the 
board  of  election  commissioners,  or  of  the  superintendent  provided  for  by  this  act,  and 
such  adjustment,  testing  and  sealing  shall  proceed  in  the  presence  of  as  many  of  said 
representatives  as  shall  assemble  to  observe  and  view  the  same,  and  a  full  and  com- 
plete opportunity  shall  then  and  there  be  given  by  such  superintendent  and  his  assist- 
ants, to  such  representatives  to  observe  the  processes  by  which  such  adjustment,  test- 
ing and  sealing  is  jDerformed,  and  to  see  that  the  said  voting  machines  are  so  adjusted 
that  each  counter  is  set  at  zero  (000),  and  without  any  vote  registered  thereon  for  the 
advantage  of  any  party  or  candidate  or  otherwise.  When  the  said  machines  are  so 
sealed  they  shall  not  be  unsealed  again  except  by  the  precinct  election  boards  on  the 
day  of  election,  to  the  extent  necessary  for  the  proper  and  lawful  conduct  of  the  elec- 
tion. Any  candidate  may  attend  in  person  or  appoint  in  writing  signed  by  such  person, 
a  representative  to  attend,  with  all  the  rights  and  privileges  provided  by  this  section. 
[New  section  approved  April  21,  1911.     Stats.  1911,  p.  990.] 

G-eneral  election  laws  to  govern. 

§  17.  All  laws  and  parts  of  laws  of  this  state  relating  to  elections  and  prescribing 
the  powers  and  duties  of  election  officers,  shall,  so  far  as  applicable  to  the  use  of  voting 
or  ballot  machines,  remain  in  full  force  and  effect;  and  all  laws  and  parts  of  laws 
inconsistent  herewith,  shall  not  be  applicable  in  each  county,  city  and  county,  city  or 
town  election  precinct  wherein  such  voting  or  ballot  machines  are  used,  pursuant  to 
this  act,  so  long  as  such  voting  or  ballot  machine  or  machines  shall  be  used  therein,  and 
nothing  in  this  act  contained  shall  be  construed  as  repealing  any  existing  law  or  author- 
izing any  deviation  or  omission  therefrom,  except  as  provided  for  or  set  forth  herein. 

Violation  of  act,  a  felony. 

^  18.  Any  wilful  violation  of  any  provision  of  this  act  or  any  wilful  injury  to  any 
voting  or  ballot  machine  tending  to  injure  its  effectiveness  or  to  change  the  true  expres- 
sion given  by  the  voters  at  any  election  shall  be  a  felony  and  punishable  as  such,  in 
accordance  with  the  provisions  of  the  Penal  Code  of  the  state. 

Act  takes  effect  when. 

§  19.     This  act  shall  take  effect  immediately. 

As  to  eonstitutionaHty  of  voting  by  noting  R.  I.  729,  3S  Li.  R.  A.  547,  36  Atl.  716;  Opinion 
mnoliiiie,  see  Opinions  of  the  Justices  (In  to  the  Governor  (In  re  Voting  Machines), 
Matter    McTammany    Voting    Machine),     19        23  R.  I.  630,  50  Atl.  265. 

SUPPLEMENTARY  TO  PREVIOUS  ACT. 
ACT  1329 — An  act  supplementary  to  an  act  entitled  "An  act  creating  a  state  commis- 
sion on  voting  or  balloting  machines,  defining  their  powers  and  providing  for  the  use 
at  the  option  of  indicated  local  authorities  of  voting  or  ballot  machines  for  receiv- 
ing and  registering  the  vote  in  one  or  more  precincts  in  any  county  or  city  and 
county,  city  or  town,  at  any  or  all  elections  held  therein,  and  for  ascertaining  the 
result  of  such  election;  providing  for  the  punishment  of  all  violations  of  the  provi- 
sions of  this  act,"  approved  March  20,  1903,  and  providing  for  the  testing  and 
inspection  of  such  machines. 

History:    Approved  March  19,  1907,  Stats.  1907,  p.  647. 

Voting  machine  to  he  tested  before  election:  duty  of  county  clerk. 

§  1.  Within  not  more  than  thirty  nor  less  than  twenty  days  before  the  holding  of 
any  election  in  any  count}',  city  and  county,  cit}'  or  town,  at  which  is  to  be  used  votinc 


Act  1329.  »  2  GENERAl,  T-AWS.  C36 

or  ballot  machines  acloi:>ted  under  the  provisions  of  the  act  referred  to  in  the  title  of 
this  act,  the  county  clerk  or  other  officer  having  control  of  such  election  in  such  county, 
city  and  county,  city  or  town,  shall  fix  a  day,  which  shall  not  be  more  than  fifteen  days 
nor  less  than  five  days  before  the  date  of  such  election,  upon  which  the  voting  or  ballot 
machines  to  be  used  at  such  election  shall  be  examined,  tested  and  sealed  as  hereinafter 
provided. 

Committee  of  political  party  to  "be  notified  of  test.    Right  of  independent  candidates. 

$  2.  At  least  twenty  days  before  an  election  in  any  political  subdivision  where  voting 
machines  are  to  be  used  in  one  or  more  precincts,  of  such  subdivision,  under  and  pur- 
suant to  the  law  of  this  state,  it  shall  be  the  duty  of  the  board  of  election  commission- 
ers or  other  body  having  charge  and  control  of  such  election,  to  notify  in  writing  by 
mail  with  postage  prepaid  the  chairman  or  secretary  of  the  executive  or  central  com- 
mittee of  any  political  party  or  organizations  for  the  territory,  which  may  have  made 
nominations  of  candidates  to  be  voted  for  at  such  election,  that  it  may  appoint  repre- 
sentatives of  such  political  party  who  shall  be  authorized  to  attend  and  observe  the 
final  adjustment,  testing  and  sealing  of  such  ballot  machines,  and  thereupon  it  shall  be 
the  right  of  such  committee  to  appoint  as  many  representatives  as  it  may  see  fit  to 
select  for  such  purj^ose,  and  to  issue  certificates  of  such  appointment  to  such  represen- 
tatives by  the  secretary  of  such  committees,  respectively,  which  shall  forthwith  send  a 
list  of  such  representatives  with  the  name  of  the  political  party  or  organization  for 
which  they  are  selected,  and  the  name  of  each  representative  with  his  full  address, 
adding  street  and  number,  to  the  said  board  of  election  commissioners  or  other  body 
having  charge  and  control  of  such  election.  If  any  political  party  or  organization 
which  has  made  nominations  shall  not  have  any  chairman  or  secretary  of  such  commit- 
tee, or  the  name  and  address  of  such  chairman  or  secretary  shall  not  appear  in  its 
nomination  papers,  then  the  said  election  commissioners  may  send  the  notice  above 
required  to  any  person  named  in  its  nomination  papers  as  the  person  to  whom  the  cer- 
tificate of  nomination  may  be  returned.  Such  board  of  election  commissioners  shall 
thereafter,  and  at  least  five  days  before  the  time  therefor,  send  written  notice  with 
postage  prepaid  to  each  such  representative  of  a  political  party  or  organization  which 
has  so  been  filed  in  its  office,  with  the  address  of  such  representative;  which  notice 
shall  state  the  time  and  place  before  such  election  where  such  representatives  are  in- 
vited to  attend,  to  observe  the  final  adjustment,  testing  and  sealing  of  such  voting 
machines,  and  thereafter  at  such  time  and  place  the  final  adjustment,  testing  and  sealing 
of  such  voting  machines  under  the  directions  of  such  board  of  election  commissioners, 
shall  proceed  in  the  presence  of  as  many  of  said  representatives  as  shall  assemble  to 
observe  and  view  the  same,  a  full  and  complete  opportunity  shall  then  and  there  be 
given  to  such  representatives  to  observe  the  processes  by  which  such  adjustment,  test- 
ing and  sealing  is  performed,  and  to  see  that  the  said  machines  are  set  at  zero,  and  with- 
out any  vote  registered  thereon  for  the  advantage  of  any  party  or  candidate  or  other- 
wise. When  the  said  machines  are  so  sealed  they  shall  not  be  unsealed  again,  except  by 
the  precinct  election  board  on  the  day  of  election  and  except  for  trial  as  to  their  correct- 
ness after  transportation  to  the  various  booths  or  polling-places,  at  which  places  such 
trial  may  be  made  as  the  board  of  election  commissioners  or  body  having  control  of 
the  elections  shall  direct,  to  see  if  any  machine  has  become  in  any  way  disarranged 
during  transportation  to  the  polling-place,  and  a  seal  necessary  to  such  investigation 
may  be  broken  or  any  work  performed  that  may  be  necessary  to  put  any  machine  in 
any  such  polling-place  in  complete  working  order  for  such  election,  and  the  representa- 
tives aforesaid  shall  have  the  right  to  attend  at  any  and  all  polling-places  for  the  pur- 
pose of  viewing  and  observing  any  such  unsealing  arrangement  and  resealing,  which 
final  work  shall  take  place  not  later  than  the  day  before  the  election,  nor  earlier  than 
the  third  day  before  the  election.     If  independent  candidates  are  nominated,  and  no 


k 


63r  ELECTIONS.  Acts  1332,  1337 

chairman  or  secretary  is  named  in  the  certificate  of  nomination,  then  such  candidate,  or 
candidates,  shall  be  notified  as  herein  specified,  and  may  attend,  or  appoint  representa- 
tives to  attend,  with  all  the  rights  and  privileges  provided  for  by  this  act. 

It  shall  be  the  duty  of  the  board  of  election  commissioners,  or  other  body  having 
charge  and  control  of  such  election,  to  notify  in  writing  by  mail  with  postage  prepaid, 
the  chairman  or  secretary  of  any  of  the  executive  or  central  committee  of  any  polit- 
ical party  or  organization  hereinbefore  referred  to,  and  any  independent  candidate  or 
candidates  hereinbefore  referred  to,  of  the  time  when  the  final  inspection,  adjustment, 
testing  and  sealing  of  such  voting  or  ballot  machines  will  commence  at  the  polling- 
places,  and  of  the  place  or  places  from  which  the  inspectors  will  start  in  the  perform- 
ance of  such  duty,  and  that  the  representatives  appointed  pursuant  to  this  act  or  such 
independent  candidate  or  candidates,  may  attend  as  provided  by  this  act.  Such  notices 
shall  be  so  mailed  not  less  than  three  days  before  the  time  named  for  commencing  such 
final  inspection. 

Penalty. 

$  3.  Any  person  violating  any  provision  of  this  act  shall  be  guilty  of  a  misdemeanor 
and  punishable  by  a  fine  of  not  more  than  five  hundred  dollars  or  imprisonment  of  not 
more  than  six  months,  or  both. 

Act  takes  effect  when. 

$  4.    This  act  shall  take  effect  immediately. 

SPECIAL  ELECTIONS. 
ACT  1332 — An  act  concerning  special  elections. 

History:    Approved  February  9,  1878,  Stats.  1877-78,  p.  73. 

Code  Commissioners'  Note:    "Not  repealed,  are  held  at  such  times  as  may  be  designated 

but  not  applicable  to  existing  laws,  because  by  the  proper  board  or  officer. 
there  is  now  no  great  register.     As  to  cities.  Sections  1113-1116,   Kerr's  Cyc.   Pol.  Code, 

see  1899,  63."  designate  certain   books  of  affidavits  as  the 

"Special  Elections,"  as   defined   by   section  "register"  to  be  used  at  elections.     See,  also, 

1043,  Kerr's  Cyc.  Pol.  Code,  are  such  as  are  §  1204,     Kerr's     Cyc.     Pol.     Code,     and     note, 

held   to  supply  vacancies  in  any   office,  and  g§  1094-1097,   Kerr's  Cyc.  Pol.  Code,  may   be 

consulted,   also. 

"DIRECT  PRIMARY  LAW  OF  1913." 
ACT  1337 — ^An  act  to  provide  for  and  regulate  primary  elections,  and  providing  a 
method  for  choosing  the  delegates  for  political  parties  to  state  conventions  and  for 
nominating  electors  of  president  and  vice  president  of  the  United  States,  and  pro- 
viding for  the  election  of  party  county  central  committees,  and  to  repeal  the  act 
approved  April  7,  1911,  known  as  the  direct  primary  law,  and  also  to  repeal  the 
act  approved  December  24,  1911,  amending  sections  1,  3,  5,  7,  10,  12,  13,  22,  23,  and 
24  of  the  said  direct  primary  law,  and  also  to  repeal  all  other  acts  or  parts  of  acts 
inconsistent  with  or  in  conflict  with  the  provisions  of  this  act. 

History:  Approved  June  16,  1913.  In  effect  August  10,  1913.  Stats. 
1913,  p.  1379.  Amended  May  29,  1917.  In  effect  July  28,  1917.  Stats. 
1917,  p.  1341;  April  8,  1919.  In  effect  July  22,  1919.  Stats.  1919,  p.  39; 
May  7,  1919.  In  effect  July  22,  1919.  Stats.  1919,  p.  381.  Former 
acts:  Act  approved  March  27,  1895,  Stats.  1895,  p.  207.  Act  approved 
March  13,  1897,  Stats.  1897,  p.  115.  Act  approved  March  24,  1909, 
Stats.  1909,  p.  691;  repealed  by  the  Act  of  April  7,  1911,  Stats.  1911, 
p.  769,  which  was  amended  December  24,  1911,  Stats.  1911  (ex.  sess.) 
p.  66,  and  repealed  by  the  present  act.  The  act  of  1895  applied  to 
counties  of  the  first  and  second  classes  only.  The  acts  of  1895  and 
1897  were  declared  unconstitutional.  See  annotations.  The  legisla- 
ture repealed  the  present  act  by  the  "direct  primary  law,"  approved 
April  28,  1915,  Stats.  1915,  p.  239;  but  the  repealing  act  was  submitted 
to   the   people   by   referendum   petition   at   the   special   election   held 


Act  1337,  §  1  GBNER  VI-   LAWS.  638 

October  26,  1915,  and  not  approved.  It  was  thereafter  amended 
January  11,  1916,  Stats.  1916  (ex.  sess.),  p.  5;  but  the  amending  act, 
also  submitted  to  the  people  by  referendum  petition,  was  not  approved 
at  the  general  election  held  November  7,  1916.  The  original  act,  with 
the  amendments  of  1917  and  1919.  constitutes  the  law  in  force. 

Definitions. 

$  1.  Words  and  phrases  where  used  in  this  act  shall,  unless  such  construction  be 
inconsistent  with  the  context,  be  construed  as  follows : 

1.  The  words  "primary  election,"  any  and  every  primary  nominating  election  pro- 
vided for  by  this  act. 

2.  The  words  "August  primary  election,"  the  primary  election  held  in  August  to 
nominate  candidates  to  be  voted  for  at  the  ensuing  November  election  or  to  elect 
members  of  a  party  central  committee  or  delegates  to  a  party  convention. 

3.  The  words  "May  presidential  primary  election,"  any  such  primary  election,  held 
in  May  of  each  year  of  the  general  November  election  at  which  electors  of  president 
and  vice  i:)resident  of  the  United  States  are  to  be  chosen,  as  shall  provide  for  the  indi- 
cation of  preference  in  the  several  political  parties  for  party  candidates  for  president 
of  the  United  States  through  the  election  of  delegates  to  national  party  conventions. 

4.  The  word  "election,"  a  general  state,  county,  city  or  city  and  county  election  as 
distinguished  from  the  primary  election,  recall  election,  or  special  election. 

5.  The  words  "November  election,"  either  the  presidential  election,  or  the  general 
state,  county,  or  city  and  county  election  held  in  November  of  each  even  numbered  year. 

6.  The  words  "judicial  officer,"  any  justice  of  the  supreme  court,  justice  of  a  district 
court  of  appeal,  judge  of  the  superior  court,  justice  of  the  peace,  or  justice  of  such 
inferior  court  as  the  legislature  may  establish  in  any  county,  township,  incorporated 
city  or  town,  or  city  and  county;  and  the  words  "judicial  office,"  the  office  filled  by 
any  of  the  above  judicial  officers. 

7.  The  words  "school  officer,"  the  superintendent  of  public  instruction  and  the 
superintendent  of  schools  of  a  county  or  city  and  county;  and  the  words  "school  office," 
the  office  filled  by  any  of  the  above  school  officers. 

8.  The  words  "county  officer,"  any  officer  elected  within  the  boundaries  of  any 
county  or  city  and  county  except  a  member  of  the  state  board  of  equalization,  judge 
of  the  superior  court,  justice  of  the  peace,  member  of  the  state  senate  or  assembly  or 
a  member  of  the  house  of  representatives  of  the  congress  of  the  United  States  or  a 
member  of  any  party  county  central  committee  or  delegate  to  a  state  convention  from 
a  hold-over  senatorial  district;  and  the  words  "county  office,"  the  office  filled  by  any 
county  officer.  The  words  "township  officer,"  any  such  county  officer  as  is  elected 
within  the  boundaries  of  any  judicial  township  that  is  now  or  may  be  hereafter  provided 
by  law;  and  the  words  "township  office,"  the  office  filled  by  any  township  officer. 

9.  The  word  or  words  "political  party,"  "party,"  "political  organization,"  or 
"organization,"  a  political  party  or  organization  of  electors  which  has  qualified,  as 
hereinafter  provided,  for  participation  in  any  primary  election;  and  such  party  or 
organization  shall  be  deemed  to  have  so  qualified  when  one  or  both  of  the  following 
conditions  have  been  complied  with: 

Qualification  as  political  party. 

(a)  If  at  the  last  preceding  November  election  there  was  polled  for  any  one  of  its 
candidates  who  was  the  candidate  of  such  party  only  for  any  office  voted  on  throughout 
the  state,  at  least  three  per  cent  of  the  entire  vote  of  the  state,  or  for  any  one  of  its 
candidates  who  was  the  joint  candidate  of  such  party  and  any  other  party  for  any 
office  voted  on  throughout  the  state,  at  least  six  per  cent  of  the  entire  vote  of  the 
state;  or 

(b)  If  on  or  before  a  date  which  shall  be  the  seventy-fifth  day  before  any  primary 
election,  there  ehall  be  filed  with  the  secretary  of  state  a  petition  signed  by  registered 


839  ELECTIONS.  Act  1337,  g§  2,  o 

qualified  electors  of  tlie  state,  equal  in  number  to  at  least  three  per  cent  of  the  entire 
vote  of  the  state  at  the  last  preceding  November  election,  declaring  that  they  repre- 
sent a  political  party  or  organization  the  name  of  which  shall  be  stated  therein,  which 
party  said  electors  desire  to  have  participate  in  such  primary  election;  such  petition 
to  be  circulated,  signed,  and  the  signatures  thereon  of  the  registered  electors  certified 
to  and  transmitted  to  the  secretary  of  state  by  the  county  clerks  substantially  as 
provided  in  section  five  of  this  act,  for  the  circulation,  signing,  certification,  and  trans- 
mission of  nomination  papers  for  state  officers;  providing,  however,  that  no  electors 
or  organization  of  electors  shall  assume  a  party  name  or  designation  which  shall  be 
so  similar  to  the  name  of  an  existing  party  or  organization  as  to  mislead  voters. 

Construction. 

This  statute  shall  be  liberally  construed,  so  that  the  real  will  of  the  electors  shall 
not  be  defeated  by  any  informality  or  failure  to  comply  with  all  the  provisions  of 
this  law. 

In  counties  having  registrar. 

In  each  county  and  city  and  county  in  this  state,  having  a  registrar  of  voters  or 
registrar  of  voters  and  a  board  of  election  commissioners,  the  powers  conferred  and 
the  duties  imposed  in  this  statute  upon  a  county  clerk  and  his  deputies,  and  other 
officers,  in  relation  to  matters  of  election  and  polling  places,  shall  be  exercised  and 
performed  by  such  registrar  of  voters  or  his  deputies,  or  registrar  of  voters  or  his 
deputies  and  board  of  election  commissioners;  and  all  nominating  papers,  list  of 
candidates,  expenses,  and  oaths  of  office,  required  by  this  statute  to  be  made  to  or  filed 
with  county  clerks,  shall  be  made  to  or  filed  with  the  registrar  of  voters,  [Amendment 
of  May  29, 1917.     In  effect  July  28,  1917.     Stats.  1917,  p.  1342.] 

Nomination  of  candidates. 

§  2.  All  candidates  nominated  at  a  primary  election  for  elective  public  offices  shall 
be  nominated  by  direct  vote  at  such  election  held  in  accordance  with  the  provisions 
of  this  act;  provided,  that  electors  of  president  and  vice  president  of  the  United  States 
shall  be  nominated  as  provided  in  subdivision  two  of  section  twenty-four  of  this  act. 
This  act  shall  not  apply  to  recall  elections  or  to  special  elections  to  fill  vacancies,  nor 
to  the  nomination  of  oflicers  of  municipalities,  counties,  or  cities  and  counties  whose 
charters  provide  a  system  for  nominating  candidates  for  such  officers;  nor  the  nomina- 
tion of  officers  for  any  district  not  formed  for  municipal  purposes;  nor  to  the  nomina- 
tion of  freeholders  to  be  elected  for  the  purpose  of  framing  a  charter;  nor  to  the 
nomination  of  officers  for  cities  of  the  fifth  and  sixth  classes,  nor  to  the  nomination 
of  schod  district  officers.  [Amendment  of  May  29,  1917.  In  effect  July  28,  1917. 
Stats.  1917,  p.  1343.] 

August  primary.  Legal  holidays. 

§  3.  The  August  primary  election  shall  be  held  at  the  legally  designated  polling  places 
in  each  precinct  on  the  last  Tuesday  in  August,  for  the  nomination  of  all  candidates  to 
be  voted  for  at  the  ensuing  November  election.  The  day  of  the  August  primary  election 
and  the  day  of  the  May  presidential  primar}'  election  are  hereby  declared  to  be  holidays 
within  the  meaning  of  section  10  of  the  Political  Code.  Any  person  entitled  to  vote  at 
such  August  or  May  primary  elections  shall,  on  the  day  of  such  election,  be  entitled  to 
absent  himself  from  any  service  or  emplojonent  in  which  he  is  then  engaged  or  em- 
ployed, for  the  period  of  two  consecutive  hours,  between  the  time  of  opening  and 
the  time  of  closing  the  polls;  and  such  voter  shall  not,  because  of  so  absenting  himself, 
be  liable  to  any  penalty,  nor  shall  any  deduction  be  made,  on  account  of  such  absence, 
from  his  usual  salary  or  wages.  Any  primary  election  other  than  the  August  primary 
election,  or  May  presidential  primary  election  shall  be  held  on  Tuesday,  three  weeks 
next  preceding  the  election  for  which  such  primary  election  is  held. 


Act  1337.  §§  4, 5  GENKRAI,  LAWS,  646 

Statement  of  electors  registered.    Notice  of  offices  for  which  candidates  are  to  be 

nominated. 

$  4.  On  the  twenty-fifth  day  before  the  first  Tuesday  in  May,  on  the  twenty-fifth 
daj'  before  the  last  Tuesday  in  August,  and  on  the  twenty-fifth  day  before  the  date 
of  the  November  election,  in  each  even  numbered  year,  the  county  clerk  or  registrar 
of  voters  of  each  county  or  city  and  county  shall  transmit  a  statement  to  the  secretary 
of  state  of  the  total  number  of  electors  registered  in  his  county  between  the  first  day 
of  January  next  preceding  and  a  date  in  each  instance  five  days  preceding  the  date  of 
transmission  of  such  statement  as  herein  provided  for,  together  with  the  number  so 
registered  under  each  of  the  several  political  affiliations,  and  also  the  number  declining 
or  failing  to  declare  such  affiliation.  At  least  seventy  days  before  the  time  of  holding 
the  August  primary  election  in  1918  and  biennially  thereafter  the  secretary  of  state 
shall  prepare  and  transmit  to  each  county  clerk  and  to  the  registrar  of  voters  in  any 
city  and  county  a  notice  in  writing  designating  all  the  offices,  except  township  offices, 
for  which  candidates  are  to  be  nominated  at  such  primary  election,  together  with  the 
names  of  the  political  parties  qualified  to  participate  in  such  election. 

Publication  of  notice. 

2.  "Within  ten  days  after  receipt  of  such  notice  such  county  clerk  or  registrar  of 
voters  in  any  city  and  county  shall  publish  once  in  each  week  for  two  successive  weeks 
in  not  more  than  two  newspapers  published  in  such  county  or  city  and  county  so 
much  thereof  as  may  be  applicable  to  his  county,  including  a  statement  of  the  town- 
ship offices  in  the  county  for  which  candidates  are  to  be  nominated,  and  a  statement 
of  the  number  of  members  of  the  county  central  committee  to  be  elected  by  each 
political  party  in  each  supervisorial  or  assembly  district,  as  the  case  may  be,  according 
to  the  provisions  of  subdivision  four  of  section  twenty-four  of  this  act. 

Publication  of  notice  of  other  primaries. 

3.  In  the  case  of  primary  elections  other  than  the  August  primary  elections  the  city 
clerk  or  secretary  of  the  legislative  body  of  the  political  subdivision  for  which  such 
primary  election  shall  be  held  shall  cause  one  publication  of  such  notice  to  be  given, 
such  publication  to  be  not  more  than  forty  and  not  less  than  fourteen  days  before 
such  primary  election.  [Amendment  of  May  29,  1917.  In  effect  July  28,  1917.  Stats. 
1917,  p.  1344.] 

Method  of  getting  name  on  ballot. 

^  5.  1.  The  name  of  no  candidate  shall  be  printed  on  an  official  ballot  to  be  used  at 
any  primary  election  unless  at  least  forty  days  pi-ior  to  the  primary  election,  if  the 
candidate  is  to  be  voted  for  at  the  August  primary  election  or  the  May  presidential 
primary  election,  and  at  least  twenty-five  days  prior  to  the  primary  election,  if  the 
candidate  is  to  be  voted  for  at  a  primary  election  other  than  the  August  or  May 
primary  election,  a  nomination  paper  nominating  such  candidate  shall  have  been 
prepared,  circulated,  signed,  verified  and  left  with  the  county  clerk  for  examination, 
or  for  examination  and  filing,  in  the  manner  provided  by  this  act. 

Verification  deputies. 

2.  (a)  The  candidate  may  appoint  verification  deputies  to  serve  within  the  county 
or  city  and  county  in  which  such  deputies  reside  in  securing  signatures  to  his  nomina- 
tion paper  for  nomination  to  the  office  for  which  he  is  a  candidate,  and  the  verification 
deputies  thus  appointed  shall  be  recognized  as  the  duly  authorized  verification 
deputies  to  secure  signatures  to  the  nomination  paper  of  such  candidate  in  such  county 
or  city  and  county.  The  document  in  which  such  verification  deputies  are  appointed 
as  herein  provided  shall  be  filed  with  the  county  clerk  of  the  county  or  city  and  county 
in  which  such  verification  deputies  reside,  at  or  before  the  time  the  nomination  paper 


641  BLCCTIONS.  Act  1337.  §  5 

of  the  candidate  is  left  with  the  county  clerk  for  filing  or  for  examination  as  provided 
in  subdivision  four  of  this  section.  Said  document  shall  be  in  substantially  the 
following  form: 

Form  of  document. 

I,  the  undersigned,   a  candidate   for   the    party   nomination   for  the 

oflSce  of  ,  which  nomination  is  to  be  made  by  direct  vote  at  a  primary 

election  to  be  held  on  the   day  of  August,  19..,  do  hereby  appoint  the 

following  registered  qualified  electors  of  the  county  of   ,  as  verification 

deputies  to  obtain  signatures  in  said  county  to  a  nomination  paper  placing  me  in 
nomination  as  a  candidate  of  said party  for  said  office  of 

VERIFICATION  DEPUTIES. 
Name.  Residence. 


(Signature    

(Residence)    

Filed  in  the  office  of  the  county  clerk  of  county  this •. .   day 

of ,19... 

,   County   Clerk- 
By    Deputy. 

Additional  deputies. 

In  case  it  is  desired  to  appoint  additional  verification  deputies  to  secure  signatures 
to  the  nomination  paper  of  such  candidate,  one  or  more  similar  documents  may  be 
filed  to  supplement  the  first  document.  When  the  office  for  which  the  candidate  ia 
proposed    is    a    judicial,    school,    county,    township    or    municipal    office,    the    words 

* party,"  and  the  words  "of  said party,"  shall  be  omitted 

from  said  document.  Or,  as  an  alternative  to  the  foregoing  portion  of  this  section 
and  subdivision,  verification  deputies  may  be  aj)i)ointed  in  behalf  of  a  candidate  aa 
follows : 

Five  electors  may  propose  candidate.    Consent  of  candidate. 

2.  (b)  Any  five  qualified  electors  of  any  county  or  city  and  county  who  are  registered 

as  intending  to  affiliate  with  the  same  political  party  may  join  in  proposing  a  candidate 

for  nomination  to  any  office  to  be  voted  on  in  such  county  or  city  and  county  at  the 

next  ensuing  primary  election,  and  in  appointing  verification  deputies  to  serve  within 

such  county  or  city  and  county  in  securing  signatures  to  the'  nomination  paper  of  such 

candidate  for  such  office.     If  the  office  is  an  office  the  candidate  for  which  is  to  be 

voted  on  in  more   than  one  county,   he  may  be  proposed  for   nomination  as  herein 

provided  by  five  of  the  registered  qualified  electors  in  each  of  the  counties  in  which 

such  electors  may  desire  to  circulate  a  nomination  paper  in  his  behalf.    The  signaturpa 

of  the  said  five  qualified  electors  shall  be  verified  free  of  charge  before  any  officer 

authorized  to  administer  an  oath,  and  the  document  containing  such  signatures  shall 

be  filed  with  the  county  clerk  of  the  county  or  city  and  county  in  which  said  five 

qualified  electors  reside,  at  or  before  the  time  the  nomination  paper  of  the  candidal* 
Gen.  Laws — 41 


Act  1337,  6  5 


GENERAL   LAWS. 


SS. 


is  left  with  the  county  clerk  or  registrar  of  voters  for  filing  or  for  examination 
as  provided  in  subdivision  four  of  this  section.  In  said  document  the  five  signers 
shall  make  affidavit  that  the  candidate  therein  named  for  the  office  therein  specified 
has  given  his  consent  to  be  thus  i^roposed  for  nomination  to  such  office;  and  shall 
also  state  that  the  verification  deputies  therein  appointed  are  duly  registered  qualified 
electors  of  said  county  or  city  and  county;  and  the  verification  deputies  therein 
appointed  shall  be  recognized  as  the  duly  authorized  verification  deputies  to  secure 
signatures  to  the  nomination  paper  of  such  candidate  in  such  county  or  city  and  county. 
Said  document  shall  be  substantially  in  the  following  form: 

Form  of  nomination  paper. 
State  of  California, 

County  of 

We,   the  undersigned,  do   solemnly  swear    (or  affirm)    that  we   are   each   qualified 

electors  of  the  county  of   ,  state  of  California,  and  that  we  are  each 

registered  as  intending  to  affiliate  with  the   party  and  we  do  hereby 

propose   ,  who  resides  at  No ,   street  in  the 

city  of  (or  in  the  town  of)   ,  county  of ,  as  a  candidate  for 

the  nomination  of  such  party  for  the  office  of  ,  to  be  voted  for  at  the 

primary  election  to  be  held  on  the   daj'  of  August,  19...;  and  we  do 

solemnly  swear  (or  affirm)   that  said   has  consented  to  this  proposal  of 

his  name  as  candidate  for  the  nomination  for  said  office.  We  hereby  appoint  the 
following  registered  qualified  electors  of  this  county  as  verification  deputies  to  obtain 

signatures  in  this  county  to  the  nomination  paper  of  said to  said  office 

oi 

VERIFICATION  DEPUTIES. 
Name.  Residence. 


(Signed) 


etc. 
Name. 


etc. 
Residence. 


Subscribed  and  sworn  to  before  me  this   day  of  ,  19 . . . 

(Seal)  

Notary  public  (or  other  official). 

Additional  deputies. 

In  case  it  is  desired  to  appoint  additional  verification  deputies  to  secure  signa- 
tures to  the  nomination  paper  of  said  candidate,  one  or  more  similar  documents 
may  be  filed,  to  supplement  the  first  document.  When  the  office  for  which  the  candi- 
date  is   proposed   is    a   judicial,    school,    county,    township,    or   municipal    office,    the 


I 


643  ELECTIONS.  Act  1337, 8  5 

provisions  of  this  subdivision-  shall  apply,  except  that  the  five  qualified  electors 
shall  make  no  statement  of  their  party  afiiliation  and  may  be  affiliated  with  different 
parties  or  with  no  party;  and  the  candidate  proposed  for  nomination  shall  not 
be  so  proposed  as  the  candidate  of  any  party. 

Obtaining  signatures  to  nomination  papers.    Presentation  in  sections.    Affidavit  of 

deputies.     Sections  returned  to  five  electors. 

3.  Verification  deputies  appointed  as  provided  in  subdivision  two  of  this  section 
to  obtain  signatures  to  the  nomination  paper  of  any  candidate  for  any  office  to 
be  voted  for  at  any  primary  election,  may,  at  any  time  not  more  than  sixty-five 
days  nor  less  than  forty  days  prior  to  such  election,  obtain  signatures  to  such 
nomination  paper  of  such  candidate  for  such  office;  each  signer  of  a  nomination 
paper  shall  sign  but  one  such  paper  for  the  same  office,  except  that  in  case  two  or 
more  persons  are  to  be  elected  to  the  same  office  at  the  same  election,  an  elector 
may  sign  the  nomination  papers  of  as  many  persons  as  there  are  persons  to  be 
elected  to  such  office,  and  such  act  on  the  part  of  such  elector  shall  not  be  deemed 
in  conflict  with  the  signer's  statement  hereinafter  provided.  In  the  case  of  primary 
elections  other  than  August  primary  elections  or  May  presidential  primary  elections, 
signatures  may  be  obtained  not  more  than  forty  days  nor  less  than  twenty-five 
days  prior  to  such  election. 

He  shall  also  declare  his  intention  to  support  such  candidate  for  nomination,  and. 
shall  add  his  place  of  residence,  giving  his  street  and  number  if  any.  His  election 
precinct  shall  also  appear  on  the  paper  just  preceding  his  name,  and  he  shall  write 
the  date  of  his  signature  at  the  end  of  the  line  just  after  his  residence.  Any  nom- 
ination paper  may  be  presented  in  sections,  but  each  section  shall  contain  the  name 
of  the  candidate  and  the  name  of  the  office  for  which  he  is  proposed  for  nomination. 
Each  section  shall  bear  the  name  of  the  city  or  town,  if  any,  and  also  the  name  of 
the  county  or  city  and  county,  in  which  it  is  circulated,  and  only  qualified  electors 
of  such  county  or  city  and  county,  registered  as  intending  to  affiliate  with  the 
political  party  by  which  the  nomination  is  to  be  made  shall  be  competent  to  sign 
such  section.  Any  section  circulated  within  any  incorporated  city  or  town  shall 
be  signed  only  by  registered  qualified  electors  of  such  city  or  town.  Each  section 
shall  be  prepared  with  the  lines  for  signatures  numbered,  and  shall  have  attached 
thereto  the  affidavit  of  the  verification  deputy  who  has  obtained  signatures  to  the 
same,  stating  that  all  the  signatures  to  the  attached  section  were  made  in  his 
presence,  and  that  to  the  best  of  his  knowledge  and  belief,  each  signature  to  the 
section  is  the  genuine  signature  of  the  person  whose  name  it  purports  to  be;  and 
no  other  affidavit  thereto  shall  be  required.  The  affidavit  of  any  verification  deputy 
obtaining  signatures  hereunder  shall  be  verified  free  of  charge  by  any  officer  author- 
ized to  administer  an  oath.  Such  nomination  paper  so  verified  shall  be  prima  facie 
evidence  that  the  signatures  thereto  appended  are  genuine  and  that  the  persons 
signing  the  same  are  registered  qualified  electors,  unless  and  until  it  is  otherwise 
proven  by  comparison  of  such  signatures  with  the  affidavits  of  registration  in  the 
office  of  the  county  clerk  or  registrar  of  voters.  Each  section  of  the  nomination 
paper,  after  being  verified,  shall  be  returned  by  the  verification  deputy  who  circulated 
it  to  one  of  the  five  electors  by  whom  the  said  verification  deputy  was  appointed; 
and  in  this  manner  all  the  sections  circulated  in  any  county  shall  be  collected  by 
said  five  electors  of  that  county  and  shall  be  by  them  arranged  for  filing  or  for 
examination,  as  provided  in  subdivision  four  of  this  section,  and  shall  then  be  by 
some  one  of  them  filed  or  left  for  examination  and  filing.  In  case  said  verification 
deputy  was  appointed  directly  by  the  candidate  according  to  the  provisions  of 
subdivision  two  (a)  of  this  section,  the  collecting,  arranging,  and  filing,  or  leaving 
for  examination   and  filing,   of  the  sections  of  the   nomination  paper  shall   be   done 


Act  1837,  §  6 


Gli^IVIi^RAL  LAWS. 


by  the  candidate,  or  on  his  behalf,  instead  of  by  the  '.'five  electors"  as  hereinbefore 
provided.     Each  section  of  the  nomination  paper  shall  be  in  substance  as  follows: 

Form  of  each  section. 

County  of  ,  city  (or  town)  of (if  any). 

Nomination  paper  of   ,  candidate  for   party  nomination 

for  the  office  of   . .» 

State  of  California,  t 

County  of J 

SIGNER'S  STATEMENT. 

I,  undersigned,  am  a  qualified  elector  of  the  city  (or  town)  of ,  county, 

of    ,   state   of   California,   and   am   registered    as   intending   to   affiliate 

with   the    party;    and  I   hereby   nominate    who   resides   at 

No street,  city  of    ,   county   of    , 

state  of  California,  as  a  candidate  for  the  nomination  of  the  party  for 

the  office  of  to  be  voted  for  at  the  primary  election  to  be  held  on  the 

day   of  August,  19...     I  have   not  signed   the   nomination   paper   of   any 

other  candidate  for  the  same  office,  and  I  further  declare  that  I  intend  to  support 
for  such  nomination  the  candidate  named  herein, 

I  furthermore  declare  that  I  have  not  signed  the  nomination  paper  of  this  candi- 
date or  any  other  candidate  for  office,  as  candidate  of  any  other  party  at  such 
primary  election. 


Ifo. 

Precinct 

Signature 

Besidence 

Date 

I 

2 

3 

4 

5 

etc 

VERIFICATION  DEPUTY'S  AFFIDAVIT. 
Deputy's  affidavit. 

I,   ,  solemnly  swear  (or  affirm)   that  I  have  been  appointed  according 

to  the  provisions  of  subdivision  two,  section  five  of  the  direct  primary  law,  as  a  veri- 
fication deputy  to  secure  signatures  in  the  county  of  to  the  nomination 

paper  of as  candidate  for  the  nomination  of  the party  for 

the  office  of ;  that  all  the  signatures  on  this  section  of  said  nomination 

paper,  numbered  from  one  to   inclusive,  were  made  in  my  presence,  and 

that,  to  the  best  of  my  knowledge  and  belief,  each  of  said  signatures  is  the  genuine 
signature  of  the  person  whose  name  it  purports  to  be. 

(Signed)  

Verification  deputy. 

Subscribed  and  sworn  to  before  me  this  day  of  ,  19... 

(Seal)  

Notary  public  (or  other  official). 
In  case  of  judicial  office,  etc. 

In  the  case  of  a  nomination  paper  for  any  candidate  for  a  judicial,  school,  county, 
township  or  municipal  office,  the  provisions  of  this  subdivision  shall  apply,  except  that 
no  such  nomination  paper  nor  any  section  thereof  shall  contain  the  name  of  any 
political  party  and  any  nomination  paper  for  any  candidate  for  a  judicial  office,  school 
office,  county  office,  township  office,  or  municipal  office  may  be  signed  by  any  registered 


645  ELECTIONS.  Act  1337,  g  5 

qualified  elector  of  the  county  or  city  and  county,  whether  registered  as  being  affiliated 
with  any,  or  with  no,  political  party. 

Arrangement  prior  to  filing.    Form  of  index. 

4.  Prior  to  the  filing  of  a  nomination  paper  for  any  candidate,  the  sections  thereof 
must  be  numbered  in  order  and  fastened  together  by  cities  or  towns  or  portions  of  the 
county  not  included  in  such  cities  or  towns,  substantially  in  the  manner  required  for  the 
binding  of  affidavits  of  registration  by  the  provisions  of  section  one  thousand  one 
hundred  thirteen  of  the  Political  Code;  provided,  that  the  sections  of  the  nomination 
paper  may  be  preceded  by  an  index  of  precincts,  arranged  by  cities,  towns  or  outside 
territory  in  the  numerical  or  alphabetical  order  of  such  precincts  for  each  such  city, 
town  or  outside  territory  and  showing  after  the  name  or  number  of  such  precinct  the 
numbers  of  the  sections  on  which  the  names  of  the  electors  registered  in  such  precinct 
are  to  be  found,  and  after  the  number  of  each  section,  the  number  (in  parenthesis) 
of  times  such  names  are  to  be  so  found  on  such  section.  Such  index  shall  be  in  sub- 
stantially the  following  form: 

City  of 


No.  of  precinct 

Numbers  of  sections  containing  voters  of  precinct 

1 

2 

etc 

1   (3  times)              2   (5  times)                3   (7  times)              etc. 
1   (4  times)               2   (0  times)               3    (6  times)               etc. 
etc. 

Town  of 

etc. 

Outside  Territory. 
etc. 

Candidates  voted  for  in  more  than  one  county.    Examination  by  clerk.     Time  for  filing. 
Persons  who  may  not  verify  signatures.     Statement  of  candidate. 

And  provided,  further,  that  for  all  nominations  of  candidates  to  be  voted  for  in 
more  than  one  county,  or  throughout  the  entire  state,  the  nomination  papers,  properly 
assembled,  may  be  consolidated  and  fastened  or  bound  together  by  counties;  but  in 
no  case  shall  nomination  papers  signed  by  electors  of  different  counties  be  fastened  or 
bound  together.  The  county  clerk  or  registrar  of  voters  of  any  county  or  city  and 
county  shall  examine  all  nomination  papers  herein  provided  for  which  purport  to 
have  been  signed  by  electors  of  his  county  or  city  and  county,  and  shall  disregard 
and  mark  "not  sufficient"  any  name  appearing  on  such  paper  or  papers  which  does 
not  appear  in  the  same  handwriting  on  an  affidavit  of  registration  in  his  office  made 
on  or  before  the  date  when  such  name  was  signed,  or  which,  except  in  the  case  of 
nomination  papers  of  candidates  for  judicial,  school,  county,  township  or  municipal 
offices,  the  signers  of  which  maj'  be  registered  as  of  any  or  of  no  party,  does  not 
appear  on  said  affidavit  as  intending  to  affiliate  with  the  party  named  in  such 
nomination  papers.  Such  officer  shall,  within  five  days  after  any  nomination  papers 
are  filed  with  him  or  left  for  examination,  examine  the  same  as  herein  provided, 
and  affix  thereto  a  certificate  reciting  that  he  has  examined  the  same  and  stating 
the  number  of  names  signed  thereto  which  have  not  been  marked  "not  sufficient" 
as  hereinabove  provided.  All  nomination  papers  which  by  this  act  are  required  to 
be  filed  in  the  office  of  the  secretary  of  the  state,  shall  be  left  with  the  county 
clerk  or  registrar  of  voters  for  examination,  as  above  provided,  at  least  forty  days 
prior  to  the  August  primary  election  or  the  May  presidential  primary  election,  and 
shall,  with  such  certificate  of  examination  attached,  within  five  days  after  being  so 
left,  be  forwarded  by  such  county  clerk  or  registrar  of  voters  to  the  secretary'  of  state, 
who  shall  receive  and  file  the  same.  All  nomination  papers  which  by  this  act  are 
required  to  be  filed  in  the  office  of  the  city  clerk  or  secretary  of  the  legislative  body  of 


Act  1337,  §5  GENERAL   LAWS.  646 

any  city  or  municipality  shall  be  left  with  the  county  clerk  or  registrar  of  voters 
for  examination,  as  above  provided,  at  least  twenty-five  days  prior  to  the  primary 
election  at  whioh  such  nominations  are  to  be  made,  and  shall,  with  such  certificate 
of  examination  attached,  within  five  days  after  being  so  left  be  forwarded  by  such 
county  clerk  or  registrar  of  voters  to  the  city  clerk  or  secretary  of  the  legislative  body 
of  such  city  or  municipality  who  shall  receive  and  file  the  same.  The  verification  of 
signatures  to  nomination  papers  shall  not  be  made  by  the  candidate,  nor  by  any 
county  clerk,  registrar  of  voters,  nor  by  any  of  the  deputies  in  the  office  of  such 
county  clerk  or  registrar  of  voters,  nor  within  one  hundred  feet  of  any  election  booth, 
polling  place,  or  any  place  where  registration  of  electors  is  being  conducted.  Each 
candidate  on  or  before  the  thirty-fifth  day  prior  to  the  August  primary  election  or  the 
May  presidential  primary  election,  or  on  or  before  the  twenty-fifth  day  prior  to  any 
other  primary  election,  shall  file  in  the  place  where  his  nomination  paper  is  required 
to  be  filed,  as  provided  in  section  six  of  this  act,  his  affidavit,  stating  his  residence,  with 
street  and  number,  if  any;  his  election  precinct;  that  he  is  a  qualified  elector  in  the 
election  precinct  in  which  he  resides;  the  name  of  the  office  for  which  he  is  a  candidate; 
that  he  will  not  before  said  primary  election  withdraw  as  a  candidate  for  nomination 
and  that  if  nominated  he  will  accept  such  nomination  and  not  withdraw,  and  that  he 
will  qualify  as  such  officer  if  nominated  and  elected;  and  he  shall  also  make  the  state- 
ment required  in  subdivision  five  of  section  six  of  this  act.  Nothing  in  this  act  con- 
tained shall  be  construed  to  limit  the  rights  of  any  person  to  become  the  candidate 
of  more  than  one  political  party  for  the  same  office  upon  complying  with  the  require- 
ments of  this  act,  but  no  person  shall  be  entitled  to  become  a  candidate  for  more  than 
one  office  at  the  same  election.  No  more  than  one  affidavit  need  be  filed  by  any  candi- 
date, even  though  he  is  the  candidate  for  nomination  by  more  than  one  political  party. 
In  no  case  shall  the  secretary  of  state,  county  clerk,  or  city  clerk,  place  the  name  of 
any  candidate  on  this  ballot  or  certify  any  such  name  to  be  placed  thereon  unless  the 
requisite  affidavit  has  first  been  filed  as  herein  provided. 

Number  of  signatures  reauired. 

5.  Except  in  the  case  of  a  candidate  for  nomination  to  a  judicial  office,  school  office, 
county  office,  or  township  office,  nomination  papers  shall  be  signed  as  follows:  If  the 
candidate  is  the  candidate  for  an  office  to  be  voted  on  throughout  the  state,  by  not 
less  than  one-half  of  one  per  centum  and  not  more  than  two  per  centum  of  the  vote 
constituting  the  basis  of  percentage  as  defined  in  subdivision  six  of  this  section,  of  the 
party  of  the  candidate  seeking  nomination,  within  the  state;  if  the  candidate  is  the 
candidate  for  an  office  to  be  voted  on  in  some  political  subdivision  of  the  state,  but  not 
throughout  the  state,  by  not  less  than  one  per  centum  nor  more  than  two  per  centum  of 
the  vote  constituting  the  basis  of  percentage,  as  defined  in  subdivision  six  of  this 
section,  of  the  party  of  the  candidate  seeking  nomination  within  said  political  sub- 
division in  which  such  candidate  seeks  nomination. 

Basis  of  percentage. 

6.  Except  in  case  of  a  candidate  for  nomination  to  a  judicial,  school,  county,  town- 
ship or  municipal  office,  the  basis  of  percentage  in  each  political  party  shall  be  the 
vote  polled  for  such  party's  candidate  for  governor,  at  the  last  preceding  November 
election  at  which  a  governor  was  elected,  in  the  state  or  in  that  political  subdivision 
for  which  the  candidate  is  proposed  for  nomination;  provided,  that  such  candidate 
for  governor  was  the  candidate  of  such  political  party  alone.  If  such  party's  candi- 
date for  governor  was  not  the  candidate  of  such  party  alone,  the  basis  of  percentage 
shall  be  the  vote  polled  at  said  election  by  that  one  of  such  party's  candidates  voted 
on  throughout  the  state  who  received  the  greatest  number  of  votes  of  all  of  such  party's 
candidates  who  were  the  candidates  of  such  party  alone.   But  if  no  candidate  voted  on 


647  ELECTIONS.  Act  1337,  g  3 

throughout  the  state  was  the  candidate  of  such  party  alone,  then  the  basis  of  per- 
centage shall  be  the  vote  polled  at  said  election  by  that  one  of  such  party's  candidates 
votfed  on  throughout  the  state  who  received  the  greatest  number  of  votes  of  all  of  such 
party's  candidates  who  were  the  candidates  of  such  party  in  conjunction  with  one  or 
more  other  parties. 

In  case  of  change  of  political  subdivision. 

7.  Whenever  by  rearrangement  of  political  subdivisions  of  the  state  by  any  legis- 
Jature,  board  of  supervisors  or  other  legislative  body,  the  boundaries  of  such  political 
subdivisions  are  changed,  the  vote  polled  for  governor  at  the  last  preceding  guber- 
natorial election  by  each  party  in  each  of  the  new  political  subdivisions  shall  be 
determined  as  follows:  If  the  change  occurs  wholly  within  any  county  or  city  and 
count}',  the  county  clerk  or  registrar  of  voters  of  such  county  or  city  and  county  shall 
determine  as  nearly  as  possible  such  vote  of  each  party  in  the  new  political  sub- 
division by  adding  together  for  each  party  the  vote  for  such  party's  candidate  for 
governor  in  each  of  the  former  precincts  which  now  are  combined  to  make  up  such 
new  political  subdivision.  If  the  change  occurs  outside  the  limits  of  any  county  or 
city  and  county,  the  secretary  of  state  shall  determine  such  vote  of  each  party  in  such 
new  political  subdivision  by  adding  together  for  each  party  the  vote  for  such  party's 
candidate  for  governor  in  the  counties  which  now  are  combined  to  make  up  such  new 
political  subdivision.  In  the  same  way  that  the  highest  vote  for  each  party  in  each 
new  political  subdivision  is  ascertained,  shall  also  be  ascertained  the  total  vote  at 
such  election  as  is  required  to  be  determined  by  the  provisions  of  subdivision  eight  of 
this  section.  Every  political  party  qualified  to  participate  in  the  primary  election  by 
the  pi'ovisions  of  subdivision  nine  of  section  one  of  this  act,  for  nomination  by  which 
party  there  shall  have  been  filed  nomination  papers  for  one  or  more  candidates  con» 
taining  a  sufficient  number  of  signatures,  shall  be  entitled  to  a  separate  party  ticket 
at  the  primary  election;  but  all  such  partj'-  tickets  must  be  alike  in  the  designation  of 
candidates  for  judicial,  school,  county,  and  township  offices. 

In  case  of  judicial  ofi&ce,  etc. 

8.  In  the  case  of  a  candidate  for  nomination  to  a  judicial,  school,  county,  township 
or  municipal  office,  nomination  papers  shall  be  signed  by  not  less  than  one-half  of  ona 
per  centum,  nor  more  than  two  per  centum  of  the  total  vote  cast  at  the  last  general 
election  in  the  state  or  political  subdivision  thereof  in  which  such  candidate  for 
judicial  or  school,  county,  or  township  office  seeks  nomination. 

Independent  candidates. 

9.  Nothing  herein  shall  be  construed  as  prohibiting  the  independent  nomination  of 
candidates  as  provided  by  section  one  thousand  one  hundred  eighty-eight  of  the 
Political  Code,  as  said  section  reads  at  the  time  of  said  nomination;  except  that  a 
candidate  for  whom  a  nomination  paper  has  been  filed  as  one  of  the  candidates  for 
nomination  to  any  office  on  the  ballots  of  any  political  party  at  a  primary  election 
held  under  the  provisions  of  this  act,  and  who  is  defeated  for  such  party  nomination 
at  such  primary  election,  shall  be  ineligible  for  nomination  as  an  independent  can- 
didate, or  as  a  candidate  named  by  a  party  central  committee  to  fill  a  vacancy  aa 
provided  in  section  twenty-five  of  this  act,  for  the  same  office  at  the  ensuing  general 
election;  and  no  person  shall  be  permitted  to  file  nomination  papers  for  a  party 
nomination  and  an  independent  nomination  for  the  same  office,  or  for  more  than  ona 
office  at  the  same  election.  Nor  shall  any  person  whose  name  has  been  written  in 
upon  any  ballot  or  ballots  for  any  office  at  any  primary  election,  have  his  name  placed 
upon  the  ballot  as  a  candidate  for  such  office  at  the  ensuing  general  election,  except 
under  the  provisions  of  said  section  one  thousand  one  hundred  eighty-eight  of  the 
Political  Code  or  of  section  twenty-five  of  this  act  providing  for  the  liliug  of  vacancies 


Act  1337,  g§  6.  7 


gene:ral  laws. 


648 


by  party  central  committees,  unless  at  such  primary  election  he  shall  have  received 
for  such  office  votes  equal  in  number  to  the  minimum  number  of  signatures  to  the 
nomination  paper  which  would  have  been  required  to  be  filed  to  have  placed  his 
name  on  the  primary  ballot  as  a  candidate  for  nomination  to  such  office. 

Record  of  papers  filed. 

10.  The  officer  with  whom  nomination  papers  are  filed  shall  keep  a  record  in  which 
he  shall  enter  the  names  of  every  person  presenting  the  same  for  filing,  the  name  of 
the  candidate,  the  title  of  the  office,  the  party,  if  any,  and  the  time  of  filing.  [Amend- 
ment of  April  8,  1919.     In  effect  July  22,  1919.     Stats.  1919,  p.  39.] 

This  section  was  also  amended  May  29,  1917.     In  effect  July  28,  1917.     Stats.  1917,  p.  1345. 

Office  in  which  papers  must  be  filed. 

6  6.     All  nomination  papers  provided  for  by  this  act  shall  be  filed  as  follows: 

1.  For  state  officers.  United  States  senators,  representatives  in  congress,  members  of 
the  state  senate  and  assembly,  delegates  to  state  conventions  from  "hold-over  sena- 
torial districts"  and  all  officers  voted  for  in  districts  comprising  more  than  one 
county,  in  the  office  of  the  secretary  of  state. 

2.  For  officers  to  be  voted  for  wholly  within  one  county  or  city  and  county,  except 
representatives  in  congress,  delegates  to  state  conventions  from  "hold-over  senatorial 
districts"  and  members  of  the  state  senate  and  assembly,  in  the  office  of  the  county 
clerk  of  such  count}'  or  in  the  office  of  the  registrar  of  voters  in  such  city  and  county. 

3.  For  city  officers,  in  the  office  of  the  city  clerk  or  secretary  of  the  legislative  body 
of  such  city  or  municipality. 

4.  When  a  nomination  paper  or  sections  thereof  shall  have  been  received  which 
contain  a  number  of  signatures  equal  to  two  per  centum  of  the  vote  constituting  the 
basis  of  percentage  as  provided  in  subdivisions  five,  six  and  eight  of  section  five  of 
this  act,  the  officer  with  whom  such  papers  are  required  to  be  filed  shall  not  receive 
or  file  further  sections  of  the  nomination  paper  for  the  candidate  named  therein. 

5.  No  more  signatures  shall  be  secured  for  any  candidate  than  a  number  equal  to 
three  per  centum  of  the  vote  constituting  the  basis  of  percentage  as  provided  in  sub- 
divisions five,  six  and  eight  of  section  five  of  this  act;  provided,  that  if  through  mis- 
calculation or  otherwise,  more  signatures  are  secured  than  the  said  three  per  centum, 
all  sections  of  the  nomination  jaaper  containing  signatures  in  excess  of  said  thi'ee  per 
centum  must  be  sent  to  the  candidate;  and  before  any  nomination  paper  is  filed  as 
provided  in  this  section,  the  candidate  must  notify  each  signer  of  such  excess  sections 
that  his  name  has  not  been  used;  and  in  the  affidavit  required  to  be  filed  in  sub- 
division four  of  section  five  of  this  act,  affiant  must  state  whether  he  has  complied 
with  the  provisions  contained  in  subdivision  five  of  section  six  of  this  act.  [Amend- 
ment of  April  8,  1919.     In  effect  July  22,  1919.     Stats.  1919,  p.  49.] 

riling  fees. 

$  7.  1.  A  filing  fee  of  fifty  dollars  shall  be  paid  to  the  secretary  of  state  by  each 
candidate  for  state  office  or  for  the  United  States  senate,  except  as  otherwise  provided 
in  this  section. 

2.  A  filing  fee  of  twenty-five  dollars  shall  be  paid  to  the  secretary  of  state  by  each 
candidate  for  representative  in  congress  or  for  any  office,  except  member  of  state 
senate  and  assembly,  to  be  voted  for  in  any  district  comprising  more  than  one  county. 

3.  A  filing  fee  of  ten  dollars  shall  be  paid  to  the  secretary  of  state  by  each  can- 
didate for  the  state  senate  or  assembly'. 

4.  A  filing  fee  of  ten  dollars  shall  be  paid  to  the  county  clerk  or  registrar  of  voters 
in  any  city  and  county  when  the  nomination  paper  or  papers  and  affidavit  of  any 
candidate  to  be  voted  for  wholly  within  one  county  or  city  and  county  are  filed  with 
such  county  clerk  or  registrar  of  voters. 


649  ELECTIONS.  Act  1337,  §§  8-10 

5.  A  filing  fee  of  ten  dollars  shall  be  paid  to  the  city  clerk  or  secretary  of  the  legis- 
lative body  of  an}^  municipality  when  the  nomination  paper  or  papers  and  affidavit 
of  any  candidate  for  a  city  office  are  filed  with  such  clerk  or  secretary  of  such  legis- 
lative body. 

6.  No  filing  fee  shjill  be  required  from  any  person  to  be  voted  for  at  tA£  May 
presidential  primary  election,  or  from  any  candidate  for  an  office  to  the  holder  of 
which  no  fixed  compensation  is  required  to  be  paid,  or  for  township  or  municipal 
offices  the  compensation  to  the  holder  of  which  does  not  exceed  the  sum  of  six  hundred 
dollars  per  annum. 

7.  In  no  case  shall  the  secretary  of  state,  county  clerk,  registrar  of  voters,  or  city 
clerk,  receive  anj'^  nomination  papers  for  filing  until  the  requisite  fee  for  such  filing, 
as  prescribed  in  this  section,  has  first  been  paid  to  him. 

8.  When  a  person  for  whom  a  nomination  paper  has  not  been  filed  is  nominated  for 
an  office  by  having  his  name  written  on  a  primary  election  ballot,  he  must  pay  the 
same  filing  fee  that  would  have  been  required  if  his  nomination  paper  had  been  filed; 
otherwise  his  name  must  not  be  printed  on  the  ballot  at  the  ensuing  general  election. 

9.  When  a  candidate  for  nomination  to  office  is  proposed  for  nomination  by  more 
than  one  political  party,  he  must  pay  a  separate  filing  fee  for  each  party  in  which 
he  is  proposed  for  nomination;  or  if,  having  filed  a  nomination  paper  for  one  party,  he 
is  nominated  by  another  party  by  having  his  name  written  on  a  primary  election 
ballot,  he  must  pay  the  same  filing  fee  for  such  other  party  nomination  that  would 
have  been  required  if  his  nomination  paper  for  such  other  party  had  been  filed;  other- 
wise his  name  shall  not  be  printed  on  the  general  election  ballot  as  the  nominee  of 
such  other  party.  [Amendment  of  May  29,  1917.  In  effect  July  28,  1917.  Stats. 
1917,  p.  1354.] 

Clerk  to  pay  fees  to  treasurer. 

§  8.  The  county  clerk  shall  immediately  pay  to  the  county  treasurer  and  the  regis- 
trar of  voters  in  any  city  and  county  shall  immediately  pay  to  the  city  and  county 
treasurer  all  fees  received  from  candidates.  The  city  clerk  or  secretary  of  the  legis- 
lative body  of  any  municipality  shall  immediately  pay  to  the  city  treasurer  all  fees 
received  from  candidates.  Within  ten  days  after  the  primary  election  the  secretary 
of  state  shall  pay  to  the  state  treasurer  all  fees  received  from  candidates  and  shall 
apportion  the  fees  paid  to  him  by  each  candidate  equally  among  the  counties  within 
which  such  candidate  is  to  be  voted  for,  and  certify  such  apportionment  to  the  state 
controller,  who  shall  issue  warrants  on  the  state  treasurer  for  the  amount  due  each 
county  and  the  state  treasurer  shall  pay  the  same. 

Expense  of  primary. 

§  9.  The  expense  of  providing  all  ballots,  blanks  and  other  supplies  to  be  used  at 
any  primary  election  provided  for  by  this  act  and  all  expenses  necessarily  incurred 
in  the  preparation  for  or  the  conduct  of  such  primary  election  shall  be  paid  out  of 
the  treasury  of  the  city,  city  and  county,  county  or  state,  as  the  case  may  be,  in  the 
same  manner,  with  like  effect  and  by  the  same  officers  as  in  the  case  of  general 
elections. 

Secretary  of  state  to  transmit  list  of  nominees.    Publication  by  clerk. 

§  10.  At  least  thirty  days  before  any  August  primary  election  preceding  a  November 
election  or  before  any  May  presidential  pi'imary  election  the  secretary  of  state  shall 
transmit  to  each  county  clerk  or  registrar  of  voters  in  any  city  and  county  a  certified 
list  containing  the  name  and  post  office  address  of  each  person  for  whom  nomination 
papers  have  been  filed  in  the  office  of  such  secretary  of  state,  including  the  candidate 
for  delegate  to  a  state  convention,  if  any,  from  a  ''hold-over  senatorial  district"  and 
who  is  entitled  to  be  voted  for  in  such  county  at  such  primary  election,  together  witb 


Act  1337,  §g  11, 12 


CKXERAL  LAWS. 


650 


a  designation  of  the  office  for  which  such  person  is  a  candidate  and  except  in  the  case 
of  a  judicial  office,  or  a  school  office  of  the  party  or  principle  he  represents.  Such 
county  clerk  or  registrar  of  votes  shall  forthwith,  upon  receipt  thereof,  publish  under 
the  proper  party  designation  the  title  of  each  office  (except  a  judicial  office  or  a 
school  office),  Avhich  appears  upon  the  certified  list  transmitted  by  the  secretarv  of 
state  as  hereinbefore  provided,  together  with  the  names  and  addresses  of  all  persons 
for  whom  nomination  papers  have  been  filed  for  each  of  said  offices  in  the  office  of  the 
secretary  of  state,  and  also  the  names  of  all  candidates  for  the  county  central  com- 
mittee, filed  in  the  office  of  the  county  clerk  or  registrar  of  voters.  He  shall  also 
publish  the  title  of  each  judicial  office,  school  office,  county  office,  and  townshi])  office, 
together  with  the  names  and  addresses  of  all  persons  for  whom  nomination  papers 
have  been  filed  for  each  of  said  offices,  either  in  the  office  of  the  secretary  of  state  or 
in  the  office  of  the  county  clerk  or  registrar  of  voters,  and  shall  state  that  candidates 
for  said  judicial,  school,  county,  and  township  offices  may  be  voted  for  at  the  primary 
election,  by  any  registered,  qualified  elector  of  the  county,  whether  registered  as 
intending  to  affiliate  with  any  political  party  or  not.  He  shall  also  publish  the  date 
of  the  primary  election,  the  hours  during  which  the  polls  will  be  open,  and  that  the 
primary  election  will  be  held  at  the  legally  designated  polling  places  in  each  precinct, 
which  shall  be  particularly  designated.  It  shall  be  the  duty  of  the  county  clerk  or 
registrar  of  voters  in  any  city  and  county  to  cause  such  publication  to  be  made  once 
each  week  for  two  successive  weeks  prior  to  said  primary  election. 

Newspapers  in  which  publication  shall  be  made. 

§  11.  Every  publication  required  by  this  act  shall  be  made  in  not  more  than  two 
newspapers  of  general  circulation  published  in  such  county  or  city  and  count}',  and  one 
of  such  newspapers  shall  represent  the  political  party  that  cast  at  the  last  preceding 
general  election  the  highest  number  of  votes  in  such  county  or  city  and  county,  and 
one  of  such  newspapers,  if  any,  shall  represent  the  party  which  cast  the  next  highest 
number  of  votes  at  such  election.  In  any  case  where  the  publication  of  the  notices 
provided  for  by  this  act  can  not  be  made  as  hereinbefore  provided  it  shall  be  made 
in  any  newspaper  having  a  general  circulation  in  the  city  or  county  in  which  the 
notice  is  required  to  be  published. 

Ballots.    Non-partisan  ballot.     Clerk  to  provide  ballot.     Ballot  paper. 

§  12.  1.  All  voting  at  primary  elections  within  the  meaning  of  this  act  shall  be 
by  ballot.  A  separate  official  ballot  for  each  political  party  shall  be  printed  and 
provided  for  use  at  each  voting  precinct;  but  all  such  party  ballots  must  be  alike  in 
the  designation  of  candidates  for  judicial,  school,  county,  and  township  offices.  The 
ballots  must  have  a  different  tint  or  color  for  each  of  the  political  parties  participating 
in  the  primary  election.  There  shall  also  be  printed  and  provided  a  non-partisan 
ballot  of  a  different  tint  and  color  from  all  the  others  (or  white,  if  all  the  others  are 
colored),  which  shall  contain  only,  but  in  like  manner,  all  the  candidates  for  judicial, 
school,  county,  and  township  offices  to  be  voted  for  at  the  primary  election;  and  one 
of  the  nonpartisan  ballots  shall,  at  the  primary  election,  be  furnished  to  each  registered 
qualified  elector  who  is  not  registered  as  intending  to  affiliate  with  any  one  of  the 
]>olitical  parties  participating  in  said  primary  election;  but  to  any  elector  registered 
as  intending  to  affiiate  with  any  political  party  participating  in  the  primary  there  shall 
be  furnished,  not  a  nonpartisan  ballot,  but  a  ballot  of  the  political  party  with  which 
said  elector  is  registered  as  intending  to  affiliate. 

It  shall  be  the  duty  of  the  county  clerk  of  each  county  or  of  the  registrar  of  voters 
in  any  city  and  county  to  provide  such  printed  official  ballots  to  be  used  at  any 
August  primary  election  for  the  nomination  of  candidates  to  be  voted  for  in  such 
county  or  city  and  county  at  the  ensuing  November  election  and  at  any  May  presi- 


351  ELECTIONS.  Act  1337,  §  13 

dential  primary  election.  It  shall  be  the  duty  of  the  city  clerk  or  secretary  of  the 
legislative  body  of  any  municipality  to  provide  such  printed  official  ballots  for  any 
primary  election  other  than  the  August  primary  election  or  the  May  presidential 
primary  election.  Such  official  ballots  to  be  used  at  any  primary  election  shall  be 
printed  on  official  paper,  furnished  by  the  secretary  of  state,  in  the  manner  provided 
by  section  one  thousand  one  hundred  ninety-six  of  the  Political  Code,  and  in  the  form 
hereinafter  provided.  The  names  of  all  candidates  for  the  respective  offices  for  whom 
the  prescribed  nomination  papers  have  been  duly  filed  shall  be  printed  thereon. 

Size. 

2.  Official  primary  election  ballots  used  at  any  primary  election  for  the  nomination 
of  candidates  to  be  voted  for  at  any  presidential  or  general  state  election,  except  as 
provided  in  subdivision  five  of  this  section,  shall  be  as  long  as  the  herein  prescribed 
captions,  headings,  party  designations,  directions  to  voters  and  lists  of  names  of  can- 
didates, properly  subdivided  according  to  the  several  offices  to  be  nominated  for,  may 
require;  and  no  official  primary  election  ballot  shall  be  less  than  six  and  one-half 
inches  wide. 

How  printed. 

3.  Across  the  top  of  the  ballot  shall  be  printed  in  heavy-faced  gothic  capital  type, 
not  smaller  than  forty-eight  point,  the  words:  "Official  Primary  Election  Ballot"; 
providing,  that  on  a  nonpartisan  ballot  said  words  may  be  printed  in  gothic  capital 
type  not  smaller  than  twentj^-four  point.  Beneath  this  heading  shall  be  printed  in 
heavy-faced  gothic  capital  type,  not  smaller  than  twenty-four  point,  the  party  designa- 
tion if  it  be  a  party  ballot;  or,  in  the  case  of  a  ballot  containing  the  names  of  no  can- 
didates except  candidates  for  a  judicial  school,  county,  or  township  office,  the  words 
"Nonpartisan  Ballot."  Beneath  the  party  designation  or  the  words  "Nonpartisan 
ballot,"  as  the  case  may  be,  insert  the  respective  number  of  the  congressional,  sena- 
torial, or  assembly  district  in  which  the  ballot  is  to  be  voted,  in  black-face  type,  as 
large  as  the  width  of  the  ballot  shall  make  possible.  In  the  case  of  official  primary 
election  ballots  to  be  used  at  any  primary  election  held  for  the  nomination  of  candidates^ 
other  than  those  to  be  voted  for  at  a  presidential  or  a  general  state  election,  and  on 
which,  in  accordance  with  the  provisions  of  this  act,  the  names  of  candidates  may 
be  printed  in  a  single  column  or  in  two  parallel  columns,  as  the  case  may  be,  the  words 
"Official  Primary  Election  Ballot"  shall  be  printed  thereon  in  heavy-faced  gothic 
capital  type,  not  smaller  than  twenty-four  point.  The  party  or  nonpartisan  designa- 
tion shall  be  printed  in  heavy-faced  gothic  capital  type,  not  smaller  than  eighteen 
point.     The  instructions  to  voters  shall  be  printed  in  ten  point  gothic  type. 

Instructions  to  voters. 

4.  At  least  three-eighths  of  an  inch  below  the  district  designation  shall  be  printed 
in  ten  point  gothic  type,  double  leaded,  the  following  instructions  to  voters:  "To  vote 
for  a  person  whose  name  appears  on  the  ballot,  stamp  a  cross  (X)  in  the  square  at 
the  right  of  the  name  of  the  person  for  whom  you  desire  to  vote.  To  vote  for  a 
person  whose  name  is  not  printed  on  the  ballot,  write  his  name  in  the  blank  space 
provided  for  that  purpose." 

Candidates'  names  in  parallel  columns.     Order  of  precedence.     Manner    of    printing 
names.     Tally  sheets. 

5.  The  instructions  to  voters  shall  be  separated  from  the  lists  of  candidates  and 
the  designations  of  the  several  offices  to  be  nominated  for  by  one  light  and  one  heavy 
line  or  rule.  The  names  of  the  candidates  and  the  respective  offices  shall,  except  as 
may  be  hereinafter  otherwise  provided,  be  printed  on  the  ballot  in  four  or  more 
parallel  columns,  each  two  and  one-half  inches  wide.     The  number  of  such  parallel 


All  i:{;{7.  §12  CIOXKRAL   1,  VWS.  C52 

columns  shall  be  oxaoliy  divisible  by  two,  and  such  parallel  columns  shall  be  equally 
divided  on  the  balltit  for  party  and  nonpartisan  tickets  by  a  solid  black  line,  extending 
down  from  the  printed  lines  separating  the  instructions  to  voters  from  the  list  of 
names  of  candidates  to  the  bottom  margin  of  the  ballot.  In  the  case  of  a  primary 
election  for  the  nomination  of  candidates  to  be  voted  for  at  a  presidential  or  general 
state  election,  the  ord«!r  of  precedence  shall  be  as  follows,  that  is  to  say:  In  the 
column  to  the  left,  under  the  heading  "state"  shall  be  printed  the  groups  of  names 
of  candidates  for  state  oflBces,  except  judicial  and  school  offices,  and  for  members  of 
the  state  board  of  equalization.  In  the  second  column,  under  the  heading  "congres- 
sional" shall  be  pi'inted  the  groups  of  names  for  United  States  senator  in  congress, 
if  any,  and  for  representative  in  congress.  Next,  under  the  heading  "legislative" 
shall  be  printed  the  groups  of  names  for  state  senator,  if  any,  for  member  of  assembly, 
and  for  election  as  delegate  to  the  state  convention  from  a  "hold-over  senatorial 
district,"  if  any.  Finally  under  the  heading  "county  committee"  shall  be  printed  the 
names  of  the  candidates  for  election  to  membership  in  the  county  central  committee 
of  the  party.  In  the  case  of  primary  elections  where  state  ofTicers  are  not  to  be  nomi- 
nated, at  the  left  of  the  solid  black  dividing  line  there  may  be  only  one  column.  In 
the  parallel  columns  to  the  right  of  the  solid  black  dividing  line  shall  be  printed  the 
groups  of  names  of  candidates  for  nomination  to  judicial,  school,  county,  and  town- 
ship offices  in  the  following  order:  Under  the  heading  "judicial"  shall  be  printed 
all  the  names  of  candidates  for  judicial  offices,  in  the  order  of  chief  justice  supreme 
court,  associate  justices  supreme  court,  judge  of  district  court  of  appeals,  judge  of 
superior  court  and  justice  of  the  peace.  Next,  under  the  heading  "school"  shall 
be  printed  all  the  names  of  candidates  for  school  otBces  in  the  order  of  state  super- 
intendent of  instruction,  superintendent  of  schools,  and  school  district  officers,  if  any. 
Next,  under  the  heading  "county  and  township"  shall  be  printed  the  groups  of 
candidates  for  all  county  and  township  offices  except  judicial  or  school  offices.  In 
the  case  of  primary  elections  where  county  officers  are  not  to  be  nominated,  at  the 
right  of  the  solid  black  dividing  line  there  may  be  only  one  column.  The  nonpartisan 
ballot  provided  for  in  subdivision  one  of  this  section  shall  be  identical  as  to  offices 
and  names  of  candidates  with  that  portion  of  the  party  ballot  which  is  printed  to  the 
right  of  the  solid  black  dividing  line  hereinabove  described.  The  tally  sheets  furnished 
to  election  officers  shall  have  the  names  of  offices  and  candidates  arranged  in  the  order 
in  which  said  names  of  officers  and  candidates  are  printed  on  the  ballots  according 
to  the  provisions  of  this  section  and  subdivision.  In  the  case  of  primary  elections  for 
the  nomination  of  candidates  for  city,  city  and  county  or  municipal  offices  only,  the 
groups  of  names  of  candidates  may  be  printed  in  two  parallel  columns  and  the  order 
of  precedence  shall  be  determined  by  the  legislative  body  of  such  city  or  municipality 
or  by  the  board  of  election  commissioners  of  any  such  city  and  county. 

Candidates  for  judicial  ofl&ces,  etc. 

6.  The  group  of  names  of  candidates  for  nomination  to  any  judicial  office,  school 
office,  county  office,  or  township  office  shall  include  all  the  names  receiving  the 
requisite  number  of  signatures  on  a  nomination  paper  for  such  office,  and  shall  be 
identical  for  each  such  office  on  the  primary  election  ballots  of  each  political  party 
participating  at  the  primary  election;  but  the  groups  of  names  of  candidates  for  all 
other  offices  on  the  ballots  of  each  political  party  shall  comprise  only  the  names  of  the 
candidates  for  nomination  by  such  party. 

Order  of  list  of  candidates. 

7.  The  order  in  which  the  list  of  candidates  for  any  office  shall  appear  upon  the 
primary  election  ballot  shall  be  determined  as  follows: 

(a)   If  the  office  is  an  office  the  candidates  for  which  are  to  be  voted  on  throughout 


653  ELECTIONS.  Act  1337,  §  12 

the  entire  state,  including  United  States  senator  in  congress,  the  secretary  of  state 
shall  arrange  the  names  of  all  candidates  for  such  office  in  alphabetical  order  for 
the  first  assembly  district;  and  thereafter  for  each  succeeding  assembly  district,  the 
name  appearing  first  for  each  office  in  the  last  preceding  district  shall  be  placed  last, 
the  order  of  the  other  names  remaining  unchanged.  If  the  office  is  that  of  represen- 
tative in  congress,  or  is  an  office  the  candidates  for  nomination  to  which  are  to  be  voted 
on  in  more  than  one  county  or  city  and  county,  but  not  throughout  the  entire  state, 
except  the  office  of  state  senator  or  assemblyman,  the  secretary  of  state  shall  arrange 
the  names  of  all  candidates  for  such  office  in  alphabetical  order  for  that  assembly 
district  which  is  lowest  in  numerical  order  of  any  assembly  district  in  which  such 
candidates  are  to  be  voted  on;  and  thereafter  for  such  succeeding  assembly  district 
in  which  such  candidates  are  to  be  voted  on,  the  name  appearing  first  for  such  office  in 
the  last  preceding  district  shall  be  placed  last,  the  order  of  the  other  names  remaining 
unchanged.  In  transmitting  to  each  county  clerk  or  registrar  of  voters  the  certified 
list  of  names  as  required  in  section  ten  of  this  act,  the  secretary  of  state  shall  certify 
and  transmit  the  list  of  candidates  for  nomination  to  each  office  according  to  assembly 
districts,  in  the  order  of  arrangement  as  determined  by  the  above  provisions;  and  in 
the  case  of  each  county  or  city  and  county  containing  more  than  one  assembly  dis- 
trict he  shall  transmit  separate  lists  for  each  assembly  district.  Except  for  the  office 
of  state  senator  or  assemblyman,  the  order  in  which  the  names  filed  with  the  secretary 
of  state  shall  appear  upon  the  ballot,  shall  be  for  each  assembly  district  the  order  as 
determined  by  the  secretary  of  state  in  accordance  with  the  above  provisions,  and  as 
certified  and  transmitted  by  him  to  each  county  clerk  or  registrar  of  voters. 

(b)  If  the  office  is  an  office  to  be  voted  on  throughout,  but  wholly  within,  one  county 
or  city  and  county,  except  the  office  of  representative  in  congress  or  state  senator  or 
assemblyman,  the  county  clerk  of  such  county  or  the  registrar  of  voters  of  such  city 
and  county,  shall  arrange  the  names  of  all  candidates  for  such  office  in  alphabetical 
order  for  the  first  supervisorial  district;  and  thereafter  for  each  supervisorial  district, 
the  name  appearing  first  for  each  such  office  in  the  last  preceding  supervisorial  district 
shall  be  placed  last,  the  order  of  the  other  names  remaining  unchanged ;  provided,  there 
are  no  more  than  five  assembly  districts  in  such  county,  or  city  and  county.  If  there 
are  more  than  five  assembly  districts  in  such  county,  or  city  and  county,  the  county 
clerk  or  registrar  of  voters  shall  so  arrange  on  the  ballot  the  order  of  names  of  all 
candidates  for  such  office  that  they  shall  appear  in  alphabetical  order  for  that  assembly 
district  in  such  county,  or  city  and  county,  which  is  lowest  in  numerical  order,  and 
thereafter  for  each  succeeding  assembly  district  in  such  county,  or  city  and  county,  the 
name  appearing  first  for  each  office  in  the  last  pi'eceding  assembly  district  shall  be 
placed  last,  the  order  of  the  other  names  remaining  unchanged. 

(c)  If  the  office  is  that  of  state  senator  or  assemblyman,  or  delegate  to  the  state 
convention  from  a  "hold-over  senatorial  district,"  or  member  of  a  county  central 
committee,  or  any  office  except  the  office  of  representative  in  congress  to  be  voted  on 
wholly  within  any  county  or  city  and  county  but  not  thi'oughout  such  county  or  city 
or  county,  the  names  of  all  candidates  for  such  office  shall  be  placed  upon  the  ballot  in 
alphabetical  order. 

(d)  If  the  office  is  a  municipal  office  in  any  city  or  town  whose  charter  does  not  pro- 
vide for  the  order  in  which  names  shall  appear  on  the  ballot,  the  names  of  candidates 
for  such  office  shall  be  placed  upon  the  ballot  in  alphabetical  order. 

Order  of  publication  of  names  and  addresses. 

8.  In  publishing  the  names  and  addresses  of  all  candidates  for  whom  nomination 
papers  have  been  filed,  as  required  in  section  ten  of  this  act,  the  county  clerk  or  regis- 
trar of  voters  shall  publish  the  names  in  the  order  in  which  they  will  appear  upon  the 
ballot;   provided,   that  in  counties  or  cities   and  counties   containing  more   than   one 


Act  1337,  §  la  GENERAL  LAWS.  654 

assembly  district  the  order  of  names  of  candidates  shall  be  that  of  the  assembly  district 
in  such  county  or  city  and  county  which  is  lowest  in  numerical  order. 

Designation  of  of&ce. 

9.  Each  group  of  candidates  to  be  voted  on  shall  be  preceded  by  the  designation  of 
the  office  for  which  the  candidates  seek  nomination,  and  the  words  "Vote  for  One" 
or  "Vote  for  Two"  or  more  according  to  the  number  to  be  elected  to  such  office  at  the 
ensuing  election.  Such  designation  of  the  office  to  be  nominated  for  and  of  the  number 
of  candidates  to  be  nominated  shall  be  printed  in  heavy-faced  gothie  type,  not  smaller 
than  ten  point.  The  word  or  words  designating  the  office  shall  be  printed  flush  with  the 
left-hand  margin  and  the  words  "Vote  for  One"  or  "Vote  for  Two"  or  more,  as  the 
case  may  be,  shall  extend  to  the  extreme  right  of  the  column  and  over  the  voting 
square.  The  designation  of  the  office  and  the  direction  for  voting  shall  be  separated 
from  the  names  of  the  candidates  by  a  light  line. 

Printing  names  of  candidates.    Headings.    Borders  and  perforations.    Number  of  bal- 
lots. Form  of  ballot. 

10.  The  names  of  the  candidates  shall  be  printed  on  the  ballot  without  indentation, 
in  roman  capital  type  not  smaller  than  eight  point,  between  light  lines  or  rules,  three- 
eighths  of  an  inch  apart.  Under  each  group  of  names  of  candidates  shall  be  printed  as 
many  blank  spaces,  defined  by  light  lines  or  rules,  three-eighths  of  an  inch  apart,  as 
there  are  to  be  candidates  nominated  for  such  office.  To  the  right  of  the  names  of  the 
candidates  shall  be  printed  a  light  line  or  rule  so  as  to  form  a  voting  square  three- 
eighths  of  an  inch  square.  Each  group  of  names  of  candidates  shall  be  separated  from 
the  succeeding  group  by  ojie  light  and  one  heavy  line  or  rule.  Each  series  of  groups 
shall  be  headed  by  the  word  "State,"  "Congressional,"  "Legislative,"  "County  and 
Township"  or  "Municipal"  or  other  proper  general  classification,  as  the  case  may  be, 
printed  in  heavy-faced  gothie  capital  type,  not  smaller  than  twelve  point.  The  left-hand 
side  of  the  first  column  of  names  on  the  ballot,  and  also  the  right-hand  side  of  the  last 
column  of  voting  squares  on  the  ballot  shall  be  bordered  by  a  broad  printed  line  one- 
twelfth  of  an  inch  wide.  The  binding  or  stitching  of  each  package  of  ballots  shall  be  on 
the  left  side  thereof.  The  ballots  shall  be  printed  on  the  same  leaf  with  a  stub  not  over 
one  and  one-half  inches  in  width,  and  separated  therefrom  by  a  perforated  line  from 
top  to  bottom,  one-half  inch  to  the  left  of  the  broad  printed  line  along  the  left  border 
of  the  ballot.  Upon  this  stub  shall  be  printed  the  number  of  the  ballot  only.  On  each 
ballot  a  perforated  line  shall  extend  across  the  top  of  the  ballot  one  inch  from  the  top 
thereof.  The  same  number  as  appears  on  the  stub  shall  be  printed  above  such  perfor- 
ated line  within  two  inches  of  the  perforated  line  on  the  left  side  of  the  ballot,  and 
above  this  number  shall  be  printed  in  parenthesis  in  small  type  as  follows:  "(This 
number  to  be  torn  off  by  inspector)";  and  one-half  inch  to  the  right  of  this  ballot 
number  there  shall  be  a  short  perforated  line  extending  from  the  perforated  line  along 
the  top  of  the  ballot  to  the  top  edge  of  the  ballot.  Immediately  above  said  perforated 
line  shall  be  printed  in  black-face  lower  case  type,  at  least  twelve  point  in  size,  and  en- 
closed in  a  parenthesis,  the  following:  "(Fold  Ballot  to  this"  Perforated  Line,  Leaving 
Top  Margin  Exposed)."  Above  this  printed  direction,  and  midway  between  it  and  the 
top  edge  of  the  ballot,  shall  be  printed  in  black-face  capital  type,  at  least  twelve  point 
in  size,  if  possible,  and  with  the  four  middle  words  underlined  or  otherwise  made  promi- 
ment,  the  following:  "Mark  crosses  (X)  on  ballot  ONLY  WITH  RUBBER  STAMP; 
never  with  pen  or  pencil. ' '  The  number  on  each  ballot  shall  be  the  same  as  that  on  the 
corresponding  stub,  and  the  ballots  and  stubs  shall  be  numbered  consecutively  in  each 
county;  provided,  that  the  sequence  of  numbers  on  such  official  ballots  and  stubs  for 
each  party  shall  begin  with  the  number  one.  The  official  ballots  of  each  political  party 
shall  be  made  up  in  stub  books,  each  book  to  contain  ten,  or  some  multiple  of  ten, 


653  ELECTIOXS.  Act  1337,  §§  13, 14 

ballots,  in  the  manner  provided  by  law  for  ofl&cial  election  ballots,  and  except  as  to  the 
order  of  the  names  of  candidates  shall  be  printed  in  substantially  the  following  form : 
[Form  of  ballot  on  inserts.]  [Amendment  of  May  7,  1919.  In  effect  July  22,  1919. 
Stats.  1919,  p.  381.] 

Sample  ballots.    Mailed  to  voters.    Printing  of  ofiicial  ballot.    In  cities. 

$  13.  At  least  twenty  days  before  the  August  primary  election  or  before  the  May 
presidential  primary  election  each  county  clerk  or  registrar  of  voters  in  any  city  and 
county  shall  prepare  separate  sample  ballots  for  each  political  party,  and  a  separate 
sample  non-partisan  ballot,  placing  thereon  in  each  case  in  the  order  provided  in 
subdivision  7  of  section  12  of  this  act,  and  under  the  api^ropriate  title  of  each  office,  the 
names  of  all  candidates  for  whom  nomination  papers  have  been  duly  filed  with  him, 
or  have  been  certified  to  him  by  the  secretary  of  state,  to  be  voted  for  at  the  primary 
election  in  his  county  or  city  and  county.  Such  sample  ballots  shall  be  printed  on 
paper  of  a  different  texture  from  the  paper  to  be  used  on  the  official  ballot,  and  one 
sample  ballot  of  the  party  to  which  the  voter  belongs  as  evidenced  by  his  registration 
shall  be  mailed  to  each  such  voter  entitled  to  vote  at  such  August  primary  election  or 
May  presidential  primary  election,  as  the  ease  may  be,  not  more  than  ten  nor  less  than 
five  days  before  the  election.  Not  more  than  ten  nor  less  than  five  days  before  the 
August  primary  election  a  non-partisan  sample  ballot  printed  on  paper  of  a  different 
texture  from  the  paper  to  be  used  on  the  official  ballot  shall  be  mailed  to  each  regis- 
tered qualified  elector,  who  is  not  registered  as  intending  to  affiliate  with  any  of  the 
parties  participating  in  said  primary  election.  Such  clerk  or  registrar  of  voters  shall 
forthwith  submit  the  ticket  of  each  political  party  to  the  chairman  of  the  county  com- 
mittee of  such  party  and  shall  mail  a  copy  to  each  candidate  for  whom  nomination 
papers  have  been  filed  with  him  or  whose  name  has  been  certified  to  him  by  the 
secretary  of  state,  to  the  postoffice  address  as  given  in  such  nomination  paper  or  certifi- 
cation, and  he  shall  post  a  copy  of  each  sample  ballot  in  a  conspicuous  place  in  his 
ofiQce.  Before  such  primary  election  the  county  clerk  or  registrar  of  voters  in  any  city 
and  county  shall  cause  the  official  ballot  to  be  printed  as  provided  by  section  12  of  this 
act,  and  distributed  in  the  same  manner  and  in  the  same  quantities  as  provided  in 
sections  1198,  1199  and  1201  of  the  Political  Code  for  the  distribution  of  ballots  for 
elections;  provided,  that  the  number  of  party  ballots  to  be  furnished  to  any  precinct 
shall  be  computed  from  the  number  of  voters  registered  in  such  precinct  as  intending 
to  affiliate  with  such  party,  and  the  number  of  non-partisan  ballots  to  be  furnished  to 
any  precinct  shall  be  computed  from  the  number  of  voters  registered  in  such  precinct 
without  statement  of  intention  to  affiliate  with  any  of  the  parties  participating  in  the 
primary  election.  In  the  case  of  primary  elections  f OD  the  nomination  of  candidates  for 
city  offices  it  shall  be  the  duty  of  the  city  clerk,  secretary  of  the  legislative  body  of 
such  city  or  municipality,  or  such  other  officer  charged  by  law  with  the  duty  of 
preparing  and  distributing  the  official  ballots  used  at  elections  in  such  city  or  munici- 
pality, to  prepare  and  mail  the  sample  ballot  and  to  prepare  and  distribute  the  official 
primary  election  ballots,  and  so  far  as  applicable  and  not  otherwise  provided  herein 
the  provisions  of  this  act  shall  apply  to  the  nomination  of  all  candidates  for  city  offices. 

Polls  open  6  a.  m.  to  7  p.  m. 

5  14.  The  polls  must  be  open  at  six  o'clock  of  the  morning  of  the  day  of  primary 
election  and  must  be  kept  open  until  seven  o'clock  in  the  afternoon  of  the  same  day 
when  the  polls  shall  be  closed;  provided,  however,  that  if  at  the  hour  of  closing  there 
are  any  voters  in  the  polling  place,  or  in  line  at  the  door,  who  are  qualified  to  vote  and 
have  not  been  able  to  do  so  since  appearing,  the  polls  shall  be  kept  open  a  sufficient 
time  to  enable  them  to  vote.  But  no  one  who  shall  arrive  at  the  polling  place  aftef 
seven  o'clock  in  the  afternoon  shall  be  entitled  to  vote,  although  the  ^jolls  may  be  open 


Act  1337,  §§  15-18  GE^NBRAL.  L,A\i'$.  t>5U 

when  he  arrives.   No  adjournment  of  interniission  shall  be  taken  except  as  provided  in 
the  case  of  general  elections. 

Election  officers. 

§  15.  The  officers  for  primary  elections  shall  be  the  same  and  shall  be  appointed  in 
the  same  manner,  as  provided  by  law  for  general  elections,  and  such  officeris  shall 
receive  the  same  compensation  for  their  services  at  primary  elections  as  provided  by 
law  for  general  elections. 

It  shall  be  the  duty  of  the  proper  officers  to  furnish  the  original  affidavits  of  regis- 
tration and  indexes  for  use  at  primary  elections,  which  shall  show  the  names  of  all 
voters  entitled  to  vote  at  such  primary  elections,  and  shall  be  numbered,  for  purposes 
of  the  primary  election,  in  like  manner  as  provided  in  section  1113  of  the  Political 
Code.  And  all  the  provisions  of  section  1096  of  the  Political  Code,  so  far  as  they  are 
consistent  with  the  provisions  of  this  act,  are  hereby  made  applicable  to  primary  elec- 
tions within  the  meaning  of  this  act. 

Challenge  of  voter. 

$  16.  Any  elector  offering  to  vote  at  a  primary  election  may  be  challenged  by  any 
elector  of  the  city,  city  and  county,  or  county  upon  either  or  all  of  the  grounds  specified 
in  section  1230  of  the  Political  Code,  but  his  right  to  vote  the  primary  election  ticket  of 
the  political  party  designated  in  his  affidavit  of  registration,  as  provided  in  section  1096 
of  the  Political  Code,  or  his  right  to  vote  the  non-partisan  primary  ticket  providing  no 
such  party  is  so  designated,  shall  not  be  challenged  on  any  gi'ound  or  subjected  to  any 
tests  other  than  those  provided  by  the  constitution  and  section  1230  of  the  Political 
Code  of  this  state. 

Qualified  electors  may  vote. 

§  17.  Any  elector  qualified  to  take  part  in  any  primary  election,  who  has,  at  least 
thirty  days  before  the  day  of  such  primarj'  election,  qualified  by  registration,  as  pro- 
vided by  section  1096  of  the  Political  Code,  shall  be  entitled  to  vote  at  such  primary 
election,  such  right  to  vote  being  subject  to  challenge  only  as  hereinbefore  provided; 
and  shall,  on  writing  his  name  or  having  it  written  for  him  on  the  roster,  as  provided 
by  law  for  general  elections  in  this  state,  receive  the  official  primary  election  ballot  of 
the  political  party  designated  in  his  affidavit  of  registration;  (or  the  non-partisan 
ballot,  providing  no  such  party  was  so  designated),  and  no  other;  provided,  however, 
that  no  one  shall  be  entitled  to  vote  at  any  primars'  election  who  has  not  been  a  resident 
of  the  state  one  year,  and  of  the  county  ninety  days,  preceding  the  day  upon  which  such 
primary  election  is  held.  He  shall  be  instructed  by  a  member  of  the  board  as  to  the 
proper  method  of  marking  and  folding  his  ballot,  and  he  shall  then  retire  to  an 
unoccupied  booth  and  without  undue  delay  stamp  the  same  with  the  rubber  stamp 
there  found.  If  he  shall  spoil  or  deface  the  ballot  he  shall  at  once  return  the  same  to 
the  ballot-  clerk  and  receive  another. 

Designating  choice. 

§  18.  The  voter  shall  designate  his  choice  on  the  ballot  by  stamping  a  cross  (X)  i^ 
the  small  square  opposite  the  name  of  each  candidate  for  whom  he  wishes  to  vote.  If 
he  shall  stamp  more  names  than  there  are  candidates  to  be  nominated  for  an}'  office,  or 
if  for  any  reason  it  be  impossible  to  determine  his  choice  for  any  office,  his  ballot  shall 
not  be  counted  for  such  office,  but  the  rest  of  his  ballot,  if  properly  stamped,  shall  be 
counted.  No  ballot  shall  be  rejected  for  any  technical  error  which  does  not  render 
it  impossible  to  determine  the  voter's  choice,  nor  even  though  such  ballot  be  somewhat 
soiled  or  defaced. 


657  ELECTIONS.  Act  1337,  §§  19-22 

Folding  ballot. 

$  19.  When  a  voter  has  stamped  his  ballot  he  shall  fold  it  so  that  its  face  shall  be 
eoRcealed  and  only  the  printed  designation  on  the  back  therof  shall  be  visible,  and 
hand  the  same  to  the  member  of  the  board  in  charge  of  the  ballot  box.  Such  folded 
ballot  shall  be  voted  as  ballots  are  voted  at  general  elections,  and  the  name  of  the 
voter  checked  upon  the  affidavit  of  registration  as  having  voted  as  is  required  at  such 
general  elections.  [Amendment  of  May  29, 1917.  In  effect  July  28,  1917.  Stats.  1917, 
p.  1355.] 

No  intermission  between  closing  of  polls  and  counting  of  votes. 

$  20.  No  adjournment  or  intermission  whatever  shall  take  place  until  the  polls  shall 
be  closed  and  until  all  the  votes  cast  at  such  polls  shall  be  counted  and  the  result 
publicly  announced,  but  this  shall  not  be  deemed  to  prevent  any  temporary  recess  while 
taking  meals  or  for  the  purpose  of  other  necessary  delay;  provided,  that  no  more  than 
one  member  of  the  board  shall  at  any  time  be  absent  from  the  polling  place. 

Canvass  of  votes. 

$  21.  As  soon  as  the  polls  are  finally  closed  the  judges  must  immediately  proceed  to 
canvass  the  votes  cast  at  such  primary  election.  The  canvass  must  be  public,  in  the 
presence  of  bystanders,  and  must  be  continued  without  adjournment  until  completed 
and  the  result  thereof  declared.  Except  as  hereinafter  provided,  the  canvass  shall  be 
conducted,  completed  and  returned  as  provided  by  sections  one  thousand  two  hundred 
fifty-three,  one  thousand  two  hundred  fifty-four,  one  thousand  two  hundred  fifty-five, 
one  thousand  two  hundred  fifty-six,  one  thousand  two  hundred  fifty-seven,  one  thou- 
sand two  hundred  filty-eight,  one  thousand  two  hundred  filty-nine,  one  thousand  two 
hundred  sixty,  one  thousand  two  hundred  sixty-one,  one  thousand  two  hundred 
sixty-two,  one  thousand  two  hundred  sixty-three,  one  thousand  two  hundred  sixty- 
four,  one  thousand  two  hundred  sixty-four  a,  one  thousand  two  hundred  sixty-five, 
one  thousand  two  hundred  sixty-six,  ore  thousand  two  hundred  sixty-seven,  and  one 
thousand  two  hundred  sixty-eight  of  the  Political  Code  of  this  state;  provided,  how- 
ever, that  the  ballots  of  each  party  must  be  sealed  and  returned  in  separate  envelopes, 
and  the  non-partisan  ballots  must  be  sealed  and  returned  in  another  separate  envelope. 
The  number  of  ballots  agreeing  or  being  made  to  agree  with  the  number  of  names  on 
the  lists,  as  provided  by  section  one  thousand  two  hundred  fifty-five  of  the  Political 
Code,  the  board  must  take  the  ballots  from  the  box,  count  those  east  by  each  party, 
and  string  them  separately;  count  all  the  votes  cast  for  each  party  candidate  for  the 
several  offices  and  record  the  same  on  the  tally  lists;  and  count  all  the  votes  on  all  the 
ballots,  both  party  and  non-partisan,  for  the  candidates  for  judicial,  school,  county, 
township,  and  municipal  offices,  and  record  the  same  on  the  tally  lists.  [Amendment  of 
May  29,  1917.     In  effect  July  28,  1917.     Stats.  1917,  p.  1355.] 

Canvass  of  returns.    Declaration  of  result.    Returns  to  secretary  of  state.     Secretary 

of  state  to  compile  returns. 

$  22.  The  board  of  supervisors  of  each  county,  the  board  of  election  commissioners 
in  any  city  and  county,  or,  in  the  case  of  a  city  or  municipal  primary  election,  the 
officers  charged  by  law  with  the  duty  of  canvassing  the  vote  at  any  city  or  municipal 
election  in  such  political  subdivision,  shall  meet  at  the  usual  place  of  such  meeting,  or 
at  any  other  place  permitted  by  law,  at  one  o  'clock  in  the  afternoon  of  the  first  Thurs- 
da}'  after  each  primary  election  to  canvass  the  returns,  or  as  soon  thereafter  as  all  the 
returns  are  in.  When  begun  the  canvass  shall  be  continued  until  completed,  which  shall 
not  be  later  than  six  o'clock  in  the  afternoon  of  the  sixteenth  day  following  such 
primary  election.  The  clerk  of  the  board  must,  as  soon  as  the  result  is  declared,  enter 
upon  the  records  of  such  board  a  statement  of  such  result,  which  statement  shall 
contain  the  whole  number  of  votes  cast  for  each  candidate  of  each  political  party,  for 

tjeii.  JLaws — 42 


Act  1337,  §  23  GENERAL   LAWS.  658 

each  candidate  for  each  judicial,  school,  county,  township,  or  municipal  office,  for  each 
candidate  for  delegate,  if  any,  to  a  state  convention  from  a  hold-over  senatorial  district, 
and  for  each  candidate  for  membership  in  the  eount}^  central  committee;  provided,  how- 
ever, that  in  entering  the  statement  of  such  result,  the  provisions  of  subdivision  six  of 
section  one  thousand  two  hundred  eighty-two  of  the  Political  Code  shall  apply,  and  a 
duplicate  as  to  each  political  party  shall  be  delivered  to  the  county,  city  and  county  or 
city  chairman  of  such  political  party,  as  the  case  may  be.  The  clerk  shall  also  make  an 
additional  duplicate  statement  in  the  same  form  showing  the  votes  cast  for  each  candi- 
date not  voted  for  wholly  within  the  limits  of  such  county  or  city  and  county.  The 
county  clerk  or  registrar  of  voters  in  any  cit}'  and  county  shall  forthwith  send  to  the 
secretary'  of  state  by  registered  mail  or  by  express  one  complete  copy  of  all  returns  as 
to  such  candidates,  and  as  to  all  candidates  voted  for  wholly  within  one  county  for  the 
following  offices:  State  assembly,  state  senate,  representatives  in  congress,  members  of 
the  state  board  of  equalization,  judicial  officers,  except  justices  of  the  peace,  and  dele- 
gate, if  any,  to  a  state  convention  from  a  hold-over  senatorial  district;  and  as  to  all 
persons  voted  for  at  the  May  presidential  primary  election.  The  secretary  of  state 
shall,  not  later  than  the  twenty-fifth  day  after  any  primary  election,  compile  the  returns 
for  all  candidates  voted  for  in  more  than  one  county,  and  for  all  candidates  for  the 
assembly,  state  senate,  representatives  in  congress,  member  of  the  state  board  of  equali- 
zation, and  judicial  offices  (except  justices  of  the  peace),  delegate,  if  any,  to  a  state 
convention  from  a  hold-over  senatorial  district,  and  for  all  persons  voted  for  at  the 
May  presidential  primary  election,  and  shall  make  out  and  file  in  his  office  a  statement 
thereof.  He  shall  compile  the  returns  for  the  May  presidential  primary  election  not 
later  than  the  twenty-first  day  after  such  election,  and  shall  compile  said  returns  in 
such  a  manner  as  to  show,  for  each  candidate,  both  the  total  of  the  votes  received  and 
the  votes  received  in  each  congressional  district  of  the  state.  [Amendment  of  May  29, 
1917.     In  effect  July  28,  1917.     Stats.  1917,  p.  1355.] 

Names  which  go  on  ballot  for  final  election. 

§  23.  Except  in  the  case  of  a  candidate  for  nomination  to  a  judicial,  school,  county, 
township,  or  municipal  office,  the  person  receiving  the  highest  number  of  votes,  at  a 
primary  election  as  the  candidate  for  the  nomination  of  a  political  party  for  an  office 
shall  be  the  candidate  of  that  party  for  such  office,  and  his  name  as  such  candidate 
shall  be  placed  on  the  official  ballot  voted  at  the  ensuing  election;  provided,  he  has  paid 
the  filing  fee  as  required  by  section  seven  of  this  act;  and  provided,  further,  that  no 
candidate  for  a  nomination  for  other  than  a  judicial,  school,  county,  township  or  munici- 
pal office  who  fails  to  receive  the  highest  number  of  votes  for  the  nomination  of  the 
political  party  with  which  he  was  affiliated  thirty-five  days  before  the  date  of  the 
primary  election,  as  ascertained  by  the  secretary  of  state  from  the  affidavit  of  regis- 
tration of  such  candidate  in  the  office  of  the  county  clerk  of  the  county  in  which  such 
candidate  resides,  shall  be  entitled  to  be  the  candidate  of  any  other  political  party. 

In  case  of  judicial  office,  etc.    Certificates  of  nomination. 

In  the  case  of  a  judicial,  school,  county,  township,  or  municipal  office,  the  candidates 
equal  in  number  to  twice  the  number  to  be  elected  to  such  office,  or  less,  if  the  total 
number  of  candidates  is  less  than  twice  the  number  of  offices  to  be  filled,  who  receive 
the  highest  number  of  the  votes  cast  on  all  the  ballots  of  all  the  voters  participating 
in  the  primary  election  for  nomination  to  such  office,  shall  be  the  candidates  for  such 
office  at  the  ensuing  election,  and  their  names  as  such  candidates  shall  be  placed  on  the 
official  ballot  voted  at  the  ensuing  election;  provided,  however,  that  in  case  there  is 
but  one  person  to  be  elected  at  the  November  election  to  any  judicial,  school,  county, 
or  township  office,  and  candidate  who  receives  at  the  August  primary  election  a  majority 
of  thy  total  number  of  votes  cast  for  all  the  candidates  for  such  office  shall  be  the  only 


650  jELECTIONS.  Act  1337,  §  23 

candidate  for  such  office  whose  name  shall  be  printed  on  the  ballot  at  the  ensuing 
election;  and  provided,  further,  that  in  case  there  are  two  or  more  persons  to  be  elected 
at  the  November  election  to  any  judicial,  school,  county,  or  township  office,  and  in  case 
any  candidate  for  such  office  receive  at  the  August  primary  election  the  votes  of  a 
majority  of  all  the  voters  participating  in  the  primary  election  in  the  state  or  political 
subdivision  in  which  said  office  is  voted  upon,  such  candidates  being  herein  designated 
as  "majority  candidates,"  said  "majority  candidates"  shall,  if  their  number  is  not  less 
than  the  number  of  persons  to  be  elected  to  such  office,  be  the  only  candidates  for  such 
office  whose  names  shall  be  printed  on  the  ballot  at  the  ensuing  November  election; 
and  if  the  number  of  such  "majority  candidates"  fall  short  of  the  number  of  persons 
to  be  elected  to  such  office,  the  names  of  said  "majority  candidates"  shall  be  printed 
on  the  ballot  at  the  ensuing  November  election,  together  with  such  number  of  additional 
names  only  of  such  other  candidates  receiving  the  next  highest  number  of  votes  for 
nomination  to  such  office  as  may  make  the  number  of  such  additional  names  equal  to 
twice  the  difference  between  the  number  of  such  "majority  candidates"  and  the 
number  to  be  elected,  or  a  smaller  number,  if  the  list  of  said  other  candidates  is  ex- 
hausted. Of  the  candidates  for  election  to  membership  in  the  county  central  committee, 
the  candidates  equal  in  number  to  the  number  to  be  elected  receiving  the  highest  num- 
ber of  votes  in  their  supervisorial  district  or  assembly  district,  as  the  case  may  be  in 
accordance  with  the  provisions  of  subdivision  four  of  section  twenty-four  of  this  act, 
shall  be  declared  elected  as  the  representatives  of  their  district  to  membership  in  such 
committee.  It  shall  be  the  duty  of  the  officers  charged  with  the  canvass  of  the  returns 
of  any  primary  election  in  any  county,  city  and  county  or  municipality  to  cause  to  be 
issued  official  certificates  of  nomination  to  such  party  candidates  (other  than  congres- 
sional and  legislative  candidates,  candidates  for  the  state  board  of  e*qualization,  and 
delegates  to  the  state  convention  from  a  hold-over  senatorial  district),  as  have  received 
the  highest  number  of  votes  as  the  candidates  for  the  nomination  of  such  party  for  any 
offices  to  be  voted  for  wholly  within  such  county,  city  and  county,  or  municipality, 
and  cause  to  be  issued  to  each  member  of  a  county  central  committee  a  certificate  of  his 
election;  and  to  cause  to  be  issued  official  certificates  of  nomination  to  such  candidates 
for  judicial,  school,  county,  township  or  municipal  offices  voted  for  wholly  within  one 
county  as  may  be  entitled  to  nomination  under  the  provisions  of  this  section.  It  shall 
be  the  duty  of  the  secretary  of  state  to  issue  official  certificates  of  nomination  to  candi- 
dates nominated  under  the  provisions  of  this  act  for  representatives  in  congress,  mem- 
bers of  the  state  senate  and  assembly,  members  of  the  state  board  of  equalization,  and 
officers  voted  for  in  more  than  one  county ;  and  to  issue  a  certificate  of  election  to  each 
delegate  elected  to  the  state  convention  from  a  hold-over  senatorial  district ;  and  to 
issue  certificates  of  election  to  all  persons  elected  at  the  May  presidential  primary 
election  as  delegates  to  their  respective  national  party  conventions. 

List  of  persons  entitled  to  receive  votes. 

Not  less  than  thirty  days  before  the  November  election  the  secretary  of  state  shall 
certify  to  the  county  clerks  or  registrars  of  voters  of  each  county  and  city  and  county 
within  the  state,  the  name  of  every  person  entitled  to  receive  votes  within  such  county 
or  city  and  county  at  said  November  election  who  has  received  the  nomination  as  a 
candidate  for  public  office  under  and  pursuant  to  the  provisions  of  this  act,  and  whose 
nomination  is  evidenced  by  the  compilation  and  statement  required  to  be  made  by  said 
secretary'  of  state  and  filed  in  his  office,  as  provided  in  section  twenty-two  of  this  act. 
Such  certificates  shall  in  addition  to  the  names  of  such  nominees  respectively,  also  show 
separately  and  respectively  for  each  nominee  the  name  of  the  political  party  or  organ- 
ization which  has  nominated  such  person  if  any  and  the  designation  of  the  public  office 
for  which  ho  is  so  nominated.  [Amendment  of  May  29,  1917.  In  effect  July  28,  1917. 
Stats.  1017,  p.  1356.] 


Act  1337,  §24  GKNKRtiL   L,A\VS.  600 

Party  conventions. 

§  24.  1.  Party  conventions  of  delegates  chosen  as  hereinafter  provided  may  be  held 
in  this  state,  for  the  purpose  of  promulgating  platforms  and  transacting  such  other 
business  of  the  party  as  is  not  inconsistent  with  the  provisions  of  the  act. 

State  conventions.  Platforms.  State  central  committee.  Presidential  electors. 

2.  The  candidates  of  each  political  party  for  congressional  oflSces  and  for  state  oflSces, 
if  any,  except  judicial  and  school  offices,  and  such  candidates  for  senate  and  assembly 
as  have  been  nominated  by  such  political  party  at  the  primai^  election,  and  in  whose 
behalf  nomination  papers  have  been  filed,  together  with  the  hold-over  senators  affiliated 
with  and  nominated  by  such  political  party  at  the  election  at  which  said  hold-over 
senators  were  elected  and  one  delegate  chosen  by  such  political  party  from  each  sena- 
torial district  not  represented  by  a  hold-over  senator  affiliated  with  and  nominated  by 
such  political  party  at  the  election  at  which  the  hold-over  senator  was  elected,  shall 
meet  in  a  state  convention  at  the  state  capitol  at  two  o'clock  in  the  afternoon  of  the 
third  Tuesday  in  September  after  the  date  on  which  any  primary  election  is  held  pre- 
liminary to  the  general  November  election.  They  shall  forthwith  formulate  the  state 
platforms  of  their  party,  which  said  state  platform  of  each  political  party  shall  be 
framed  at  such  time  that  it  shall  be  made  public  not  later  than  six  o  'clock  in  the  after- 
noon of  the  following  day.  They  shall  also  proceed  to  elect  a  state  central  committee 
to  consist  of  at  least  three  members  from  each  congressional  district,  who  shall  hold 
office  until  a  new  state  central  committee  shall  have  been  selected.  In  each  year  of  the 
general  November  election  at  which  electors  of  president  and  vice  president  of  the 
United  States  a?e  to  be  chosen,  they  shall  also  nominate  as  the  candidates  of  their  party 
as  many  electors  of  president  and  vice  president  of  the  United  States  as  the  state  is  then 
entitled  to,  and  it  shall  be  the  duty  of  the  secretary  of  state  to  issue  certificates  of 
nomination  to  the  electors  so  nominated,  and  to  cause  the  names  of  such  candidates  for 
elector  to  be,  placed  upon  the  ballots  at  the  ensuing  November  election. 

Membership  qualifications.   Certificate  stating  afliliation. 

Membership  in  the  state  convention  shall  not  be  granted  to  a  party  nominee  for  a 
congressional  office,  state  office,  or  office  of  senator  or  assemblyman  who  has  become 
such  by  reason  of  his  name  having  been  written  on  a  ballot,  and  who  has  not  had  his 
name  printed  on  the  primary  ballot  by  having  had  a  nomination  paper  filed  in  his  behalf, 
as  provided  in  section  five  of  this  act;  nor  shall  membership  in  such  convention  be 
granted  to  the  nominee  of  any  party  if  such  nominee  has  not  stated  his  affiliation 
with  such  party  in  his  affidavit  of  registration  used  at  such  primary  election;  and,  in 
every  such  case,  a  vacancy  in  the  membership  of  such  convention  shall  be  deemed  to 
exist;  and  any  such  vacancy  thei'cby  existing,  or  existing  because  no  nomination  for 
such  office  has  been  made,  or  for  any  other  cause,  shall  be  filled  as  hereinafter  pro- 
vided. Each  candidate  who  has  received  the  nomination  of  more  than  one  party  for  a 
congressional,  state,  or  legislative  office  shall  procure  from  the  county  clerk  of  the 
county  in  which  he  resides,  a  certificate  stating  the  party  with  which  such  candidate 
was  affiliated  thirty-five  days  before  the  date  of  the  primary  election,  as  shown  by  the 
affidavit  of  registration  of  such  candidate  in  the  office  of  such  county  clerk;  and  this 
certificate  shall  be  the  credentials  of  such  candidate  to  membership  in  the  convention  of 
his  party. 

In  district  represented  by  hold-over  senator. 

In  any  senatorial  district  represented  by  a  hold-over  senator  there  shall  be  chosen  at 
such  primary  election  by  the  electors  of  each  political  party,  other  than  the  party  which 
the  hold-over  senator  was  affiliated  with  and  nominated  by,  one  delegate  to  the  state 
convention,  who  shall  have  nomination  papers  circulated  in  his  behalf,  shall  have  his 


«61  ELECTIONS.  Act  1337,  §  24 

name  placed  upon  the  ballot,  and  shall  be  chosen  in  the  same  manner  as  a  state  senator 
is  nominated  from  any  senatorial  district;  but  no  such  delegate  shall  be  disqualified  by 
reason  of  holding  any  office,  nor  shall  any  filing  fee  be  required  in  order  to  have  hia 
name  placed  upon  the  ballot.  The  term  "hold-over  senator"  as  herein  used  shall  apply 
to  a  state  senator  whose  term  of  office  extends  beyond  the  first  Monday  in  January  of 
the  year  next  ensuing  after  the  primary  election,  and  the  term  "hold-over  senatorial 
district ' '  shall  apply  to  the  district  represented  by  such  hold-over  senator. 

Filling  vacancies. 

In  the  event  that  there  shall  not  have  been  filed  any  nomination  paper  for  a  candidate 
for  any  congressional  or  state  office  or  office  of  senator  or  assemblyman  or  delegate  from 
a  hold-over  senatorial  district  by  the  electors  of  any  political  party,  or  in  the  event  that 
the  nominee  of  any  party  for  such  office  has  not  declared  his  affiliation  with  such  party, 
as  herein  provided,  or  in  the  event  of  the  death  of  the  candidate  prior  to  the  conven- 
tion, the  vacancy  thus  created  in  the  state  convention  of  such  party  shall  be  filled  as 
follows : 

(a)  If  the  vacancy  occurs  in  a  senatorial  or  assembly  district  situated  wholly  within 
the  limits  of  a  single  county  or  city  and  county,  by  appointment  by  the  newly  elected 
county  central  committee  of  such  party  in  such  county  or  city  and  county. 

(b)  If  the  vacancy  occurs  in  a  senatorial  or  assembly  district  comprising  two  or 
more  counties,  by  appointment  by  the  newly  selected  chairman  of  the  several  newly 
elected  county  central  committees  of  such  party  in  such  counties. 

(c)  If  the  vacancy  occurs  in  a  congressional  or  state  office,  by  appointment  by  the 
state  central  committee  of  such  party. 

Such  delegate  so  appointed  shall  present  to  the  convention  credentials  signed  by  the 
chairman  and  the  secretary  of  the  appointing  committee,  or  by  the  appointing  chairman 
of  the  several  committees,  as  the  case  may  be. 

Executive  committee. 

3.  Each  state  central  committee  may  select  an  executive  committee,  to  which  execu- 
tive committee  it  may  grant  all  or  any  portion  of  its  powers  and  duties.  It  shall  choose 
its  officers  by  ballot  and  each  committee  and  its  officers  shall  have  the  power  usually 
exercised  by  such  committees  and  the  officers  thereof  in  so  far  as  may  be  consistent 
with  this  act.  The  various  officers  and  committees  now  in  existence  shall  exercise  the 
powers  and  perform  the  duties  herein  prescribed  until  their  successors  are  chosen  in 
accordance  with  the  provisions  of  this  act. 

District  congressional  committee. 

4.  The  executive  committee  of  the  state  central  committee  of  each  political  party 
shall,  in  conjunction  with  each  nominee  for  congress  affiliated  with  such  party,  select  a 
congressional  committee  for  the  district  in  which  such  nominee  is  a  candidate.  Such 
committee  shall  consist  of  not  less  than  fifteen  nor  more  than  thirty-five  members,  and 
shall  have  charge  and  conduct  of  the  campaign  of  such  nominee,  subject  to  the  super- 
vision of  the  state  central  committee  of  such  party. 

County  central  committee. 

5.  At  each  August  primary  election  there  shall  be  elected  in  each  county  or  city  and 
county  a  county  central  committee  for  each  political  party,  which  shall  have  charge 
of  the  party  campaign  under  general  direction  of  the  state  central  committee  or  of  the 
executive  committee  selected  by  such  state  central  committee.  In  any  city  and  county 
containing  more  than  ten  assembly  districts  the  county  central  committee  of  such  party 
shall  be  elected  by  each  asscmbh'  district  and  shall  consist  of  five  members  from  each 
assembly  district  in  such  city  and  county.  In  all  counties  containing  five  or  more 
assembly   districts   the   county   central   committee  of  such   party   shall   be   elected   by 


Act  1337,  §  25  GENERAL  LAWS.  MS 

assembly  districts  and  shall  consist  of  one  member  for  each  seven  hundred  votes  or 
fraction  thereof  in  each  such  assembly  district  cast  for  such  party's  candidate  for 
governor  at  the  last  general  election  at  which  a  governor  was  elected.  In  all  counties 
containing  less  than  five  assembly  districts  the  county  central  committee  shall  be  elected 
by  supervisor  districts,  and  the  number  to  be  elected  from  any  supervisor  district  shall 
be  determined  as  follows:  The  number  of  votes  cast  in  such  supervisor  district  for 
such  party's  candidate  for  governor  at  the  last  general  election  at  which  such  governor 
was  elected  shall  be  divided  by  one-twentieth  of  the  number  of  votes  east  for  such 
governor  in  such  county;  and  the  integer  next  larger  than  the  quotient  obtained  by 
such  division  shall  constitute  the  number  of  members  of  the  county  central  committee 
to  be  elected  by  such  party  in  said  supervisor  district.  The  county  clerk  or  registrar 
of  voters  in  each  county  or  city  and  county  shall,  between  the  first  Monday  and  the 
second  Monday  of  June  next  preceding  the  primary  election,  compute  the  number  of 
members  of  the  county  central  committee  alloted  to  each  assembly  district  or  supervisor 
district,  as  the  case  may  be,  by  the  provisions  of  this  subdivision.  Each  candidate  for 
member  of  a  county  central  committee  shall  appear  upon  the  ballot  upon  the  filing  of  a 
nomination  paper  according  to  the  provisions  of  section  five  of  this  act,  signed  in  his 
behalf  by  the  electors  of  the  political  subdivision  in  which  he  is  a  candidate,  as  above 
provided;  and  the  number  of  candidates  to  which  each  party  is  entitled,  as  hereinbefore 
provided,  in  each  political  subdivision,  receiving  the  highest  number  of  votes  shall  be 
declared  elected;  but  no  candidate  for  county  committeeman  shall  be  declared  elected 
unless  he  shall  have  received  votes  equal  in  number  to  the  minimum  of  signatures  to 
the  nomination  paper  Avhich  would  have  been  required  to  place  his  name  on  the  primary 
ballot  as  a  candidate  for  member  of  the  county  committee.  Each  county  central  com- 
mittee shall  meet  in  the  courthouse  at  its  county  seat  on  the  second  Tuesday  in  Sep- 
tember following  the  August  primary  election,  and  shall  organize  by  selecting  a 
chairman,  a  secretary  and  such  other  ofiicers  and  committees  as  it  shall  deem  necessary 
for  carrying  on  the  campaign  of  the  party. 

Persons  ineligible.  Filling  vacancies. 

6.  No  person  shall  be  eligible  for  appointment  or  election  to  the  state,  county  or 
district  committee  of  any  party  who  is  not  registered  as  affiliated  with  such  party  at 
the  time  of  such  appointment  or  election.  In  the  event  of  the  appointment  or  election 
to  any  party  committee  of  an  ineligible  person,  or  whenever  any  member  of  any  such 
committee  dies,  resigns  or  becomes  incapacitated  to  act,  or  removes  from  the  jurisdic- 
tion of  the  committee,  or  ceases  to  be  a  member  of  such  committee's  party,  a  vacancy 
shall  exist,  which  shall  be  filled  by  appointment  by  the  chairman  of  the  committee  in 
which  such  ineligibility  or  vacancy  occurs.  [Amendment  of  April  8,  1919.  In  effect 
July  22,  1919.     Stats.  1919,  p.  49.] 

This  section  was  also  amended  May  29,  1917.     In  effect  July  28,  1917.     Stats.  1917,  p.   1358. 

Withdrawing  as  candidate.    Filling  vacancies. 

^  25.  No  candidate  whose  nomination  papers  have  been  filed  for  any  primary  election 
can  withdraw  as  a  candidate  at  such  primary  election.  No  candidate  nominated  at  any 
primary  election  can  withdraw  as  a  candidate  at  the  ensuing  general  election  except  such 
as  are  permitted  to  withdraw  by  this  section.  In  case  as  a  result  of  any  primary  elec- 
tion a  person  has  received  a  nomination  to  any  office  without  first  having  nomination 
papers  filed,  and  having  his  name  printed  on  the  primary  election  ballot,  he  may  at  least 
thirty-one  days  before  the  day  of  election  cause  his  name  to  be  withdrawn  from  nomi- 
nation by  filing  in  the  office  where  he  would  have  filed  his  nomination  papers  had  he  been 
a  candidate  for  nomination,  his  request  therefor  in  writing,  signed  by  him  and  acknowl- 
edged before  the  county  clerk  of  the  county  in  which  he  resides;  and  no  name  so  with- 
drawn shall  be  printed  on  the  election  ballot  for  the  ensuing  general  election.    The 


863  EI.ECTIOXS.  Act  1337,  §  25 

vacancy  created  by  tLe  withdrawal  of  such  person  as  aforesaid,  or  on  account  of  the 
ineligibility  of  such  person  to  qualify  as  a  candidate  because  of  the  inhibitions  of  sub- 
division nine  of  section  five  of  this  act,  or  by  reason  of  the  failure  of  a  party  to  nomi- 
nate any  candidate  for  the  office  at  the  primary  election,  or  for  any  other  cause  shall 
not  be  filled  except  in  the  following  cases : 

1.  By  reason  of  the  death  of  a  candidate  occurring  at  least  twenty-five  days  before 
the  date  of  the  next  ensuing  November  election. 

2.  By  reason  of  the  disqualification  of  a  candidate  occurring  on  account  of  the  failure 
of  such  candidate  to  secure  the  nomination  in  his  own  party  as  required  by  section 
twenty-three  of  this  act. 

Power  of  committees. 

Vacancies  occurring  by  reason  of  such  death  of  any  candidate,  or  because  of  such 
disqualification  imposed  by  section  twenty-three  of  this  act,  may  in  the  case  of  legisla- 
tive offices,  be  filled  by  the  newly  elected  county  central  committee  or  committees  of  the 
party  in  which  such  vacancy  occurs  in  the  county  or  counties  comprising  the  legislative 
district  of  such  deceased  or  disqualified  candidate;  and  in  the  case  of  all  other  district 
or  state  offices  requiring  party  nomination,  by  the  newly  selected  state  central  com- 
mittee of  such  party. 

If  such  vacancy  occurs  among  candidates  chosen  at  the  primary  election  to  go  on 
the  ballot  for  the  succeeding  general  election  for  a  judicial,  school,  county,  township, 
or  municipal  office  according  to  the  provisions  of  section  twenty-three  of  this  act,  in 
which  case  that  candidate  receiving  at  said  primary  election  the  highest  vote  among 
all  the  candidates  for  said  office  who  have  failed  to  receive  a  sufficient  number  of  votes 
to  get  upon  said  ballot  according  to  the  provisions  of  said  section  twenty-three,  shall 
go  upon  said  ballot  to  fill  said  vacancy;  provided,  however,  that  if  the  vacancy  occurs 
in  a  case  where,  by  reason  of  having  received  a  majority  vote  at  the  primary  election, 
only  one  person  is  entitled  to  have  his  name  printed  upon  the  ballot  at  the  ensuing 
November  election,  the  names  of  the  two  candidates  receiving  the  next  highest  vote  at 
the  primary  election,  if  there  were  such  number,  shall  be  placed  upon  the  ballot  for  the 
November  election;  and  provided,  further,  that  a  vacancy  authorized  to  be  filled  by 
the  provisions  of  this  section  shall  be  filled  and  certified  to  the  officer  charged  with  the 
duty  of  printing  the  ballots  twenty-five  days  before  the  day  of  election. 

Name  printed  on  ballot. 

Whenever  a  nomination  paper  containing  a  sufficient  number  of  signatures  has  been 
filed  for  any  person  as  a  candidate  to  be  voted  for  at  a  primary  election,  the  name  of 
such  person  must  be  printed  upon  the  ballot  or  ballots  of  such  primary  election  as 
hereinbefore  provided  in  section  twelve  of  this  act,  unless  such  person  has  died  and 
such  fact  has  been  ascertained,  by  the  officer  charged  with  the  duty  of  printing  the 
ballot,  at  least  twenty-five  days  before  the  day  of  election. 

Whenever  a  candidate  has  been  nominated  at  any  primary  election  after  having 
nomination  papers  filed,  the  name  of  such  candidate  must  be  printed  upon  the  ballot 
at  the  ensuing  general  election  unless  such  candidate  has  died  and  such  fact  has  been 
ascertained,  by  the  officer  charged  with  the  duty  of  printing  the  ballots,  at  least  twenty- 
five  days  before  the  day  of  election. 

Whenever,  upon  the  death  or  disqualification  of  any  candidate,  the  vacancy  thereby 
created  is  filled  by  a  party  committee,  a  certificate  to  that  effect  shall  be  filed  with  the 
officer  with  whom  a  nomination  paper  for  such  office  may  be  filed,  and  shall  be  accepted 
and  acted  upon  by  him  as  in  the  case  of  such  nomination  paper.  [Amendment  of 
April  8,  1919.     In  effect  July  22,  1919.     Stats.  1019,  p.  53.] 

This  section  was  also  amended  May  29,  1917.     In  tffcct  July  28,  1917.     Stats.  1917,  p.  1S61. 


Act  1337,  g§  20-28  GENKRAL   LAWS.  6*1 

Tie  vote. 

$  26.  In  case  of  a  tie  vote,  if  for  an  office  to  be  voted  for  wholly  within  one  county 
or  city  and  county,  the  county,  city  and  county  or  city  board,  as  the  case  may  be,  shall 
forthwith  summon  the  candidates  who  have  received  such  tie  votes  to  appear  before 
such  board,  at  a  time  and  place  to  be  designated  by  said  board,  and  such  board  shall  at 
said  time  and  place  determine  the  tie  by  lot.  In  the  ease  of  a  tie  vote  for  an  office  to 
be  voted  on  in  more  than  one  county,  the  secretary  of  state  shall  forthwith  summon  the 
candidates  who  have  received  such  tie  votes  to  appear  before  him  at  his  office  at  the 
state  capitol  at  a  time  to  be  designated  by  him  and  said  secretary  of  state  shall  at  said 
time  and  place  determine  the  tie  by  lot.  Such  summons  must  in  every  case  be  mailed 
to  the  address  of  the  candidate  as  it  appears  upon  his  affidavit  of  registration,  at  least 
five  days  before  the  date  fixed  for  the  determination  of  such  tie  vote.  [Amendment 
of  April  8,  1919.    In  effect  July  22,  1919.     Stats.  1919,  p.  55.] 

Correction  of  errors  or  omission. 

^  27.  Whenever  it  shall  be  made  to  appear  by  affidavit  to  the  supreme  court  or 
district  courts  of  appeal  or  superior  court  of  the  proper  county  that  an  error  or  omis- 
sion has  occurred  or  is  about  to  occur  in  the  placing  of  any  name  on  an  official  primary 
election  ballot,  that  any  error  has  been  or  is  about  to  be  committed  in  printing  such 
ballot,  or  that  any  wrongful  act  has  been  or  is  about  to  be  done  by  any  judge  or  clerk 
of  a  primary  election,  county  clerk,  registrar  of  voters  in  any  city  and  county,  canvass- 
ing board  or  any  member  thereof,  or  other  person  charged  with  any  duty  concerning  the 
primary  election,  or  that  any  neglect  of  duty  has  occurred  or  is  about  to  occur,  such 
court  shall  order  the  officer  or  person  charged  with  such  error,  wrong  or  neglect  to 
forthwith  correct  the  error,  desist  from  the  wrongful  act  or  perform  the  duty,  or  forth- 
with show  cause  why  he  should  not  do  so.  Any  person  who  shall  fail  to  obey  the  order 
of  such  court  shall  be  cited  forthwith  to  show  cause  why  he  shall  not  be  adjudged  in 
contempt  of  court. 

Contest  of  nomination.    Copy  of  affidavit  mailed  to  contestee.    Precincts  considered  in 
recount.    Time  and  place  for  hearing.    No  demurrer. 

$  28.  Any  candidate  at  a  primary  election,  desiring  to  contest  a  nomination  of 
another  candidate  for  the  same  office,  may,  within  five  days  after  the  completion  of 
the  official  canvass,  file  an  affidavit  in  the  office  of  the  clerk  of  the  superior  court  of 
the  county  in  which  he  desires  to  contest  the  vote  returned  from  any  precinct  or 
precincts  in  such  county,  and  thereupon  have  a  recount  of  the  ballots  cast  in  any  such 
precinct  or  precincts,  in  accordance  with  the  provisions  of  this  section.  Such  affi- 
davit must  specify  separately  each  precinct  in  which  a  recount  is  demanded,  and  the 
nature  of  the  mistake,  error,  misconduct,  or  other  cause  why  it  is  claimed  that  the 
returns  from  such  precinct  do  not  correctly  state  the  vote  as  cast  in  such  precinct,  for 
the  contestant  and  the  contestee.  The  contestee  must  be  made  a  party  respondent,  and 
so  named  in  the  affidavit.  No  personal  service  or  other  service  than  as  herein  provided 
need  be  made  upon  the  contestee.  Upon  the  filing  of  such  affidavit  the  county  clerk 
shall  forthwith  post  in  a  conspicuous  place  in  his  office  a  copy  of  the  affidavit.  Upon 
the  filing  of  such  affidavit  and  the  posting  of  the  same,  the  superior  coiart  of  the  county 
shall  have  jurisdiction  of  the  subject  matter  and  of  the  parties  to  such  contest,  and 
all  candidates  at  any  such  primary  election  are  permitted  to  be  candidates  under  this 
act,  only  upon  the  condition  that  such  jurisdiction  for  the  purposes  of  the  proceeding 
authorized  by  this  section  shall  exist  in  the  manner  and  under  the  conditions  provided 
for  by  this  section.  The  contestant  on  the  date  of  filing  such  affidavit,  must  send  by 
registered  mail  a  copy  thereof  to  the  contestee  in  a  sealed  envelope,  with  postage  pre- 
paid, addressed  to  the  contestee  at  the  place  of  residence  named  in  the  affidavit  of 


GC5  ELECTIONS.  Act  1337,  §  28 

registration  of  such  contestee,  and  shall  make  an  affidavit  of  such  mailing  and  file  the 
same  with  the  county  clerk  to  become  a  part  of  the  records  of  the  contest.  At  any 
time  within  three  days  after  the  filing  of  the  affidavit  of  the  contestant  to  the  effect 
that  he  has  sent  by  registered  mail  a  copy  of  the  affidavit  to  the  contestee,  such  con- 
testee may  file  with  the  county  clerk  an  affidavit  in  his  own  behalf,  setting  up  his 
desire  to  have  the  votes  counted  in  any  precincts,  designating  them,  in  addition  to  the 
precincts  designated  in  the  affidavit  of  the  contestant,  and  setting  up  his  grounds 
therefor.  On  the  trial  of  the  contest  all  of  the  precincts  named  in  the  affidavits  of 
the  contestant  and  the  contestee  shall  be  considered,  and  a  recount  had  with  reference 
to  all  of  said  precincts;  and  the  contestant  shall  have  the  same  right  to  answer  the 
affidavit  of  the  contestee  as  is  given  to  the  contestee  herein  with  reference  to 
the  affidavit  of  the  contestant  except  that  such  answer  must  be  filed  not  later  than 
the  first  day  of  the  trial  of  said  contest.  On  the  eighth  day  after  the  completion  of  the 
official  canvass  the  county  clerk  shall  present  the  affidavits  of  the  contestant  and  the 
contestee  and  proof  of  posting,  as  aforesaid,  to  the  judge  of  the  superior  court  of  the 
county,  or  any  judge  acting  in  his  place,  or  the  presiding  judge  of  the  superior  court 
of  a  county  or  city  and  county,  or  anyone  acting  in  his  stead,  which  judge  shall,  upon 
such  presentation,  forthwith  designate  the  time  and  place  where  such  contest  shall 
proceed,  and  in  counties  or  cities  and  counties  where  there  are  more  than  one  superior 
judge,  assign  all  the  cases  to  one  department  by  the  order  of  such  court.  Such  order 
must  so  assign  such  case  or  cases,  and  fix  such  time  and  place  for  hearing,  which  time 
must  not  be  less  than  one  nor  more  than  three  days  from  the  presentation  of  the 
matter  to  the  court  by  the  county  clerk  as  herein  provided.  It  shall  be  the  duty  of  the 
contestee  to  appear  either  in  person  or  by  attorney,  at  the  time  and  place  so  fixed, 
and  to  take  notice  of  the  order  fixing  such  time  and  place  from  the  records  of  the 
court,  without  service.  No  special  appearance  of  the  contestee  for  any  purpose  except 
as  herein  provided  shall  be  permitted,  and  any  appearance  whatever  of  the  contestee 
or  any  request  of  the  court  by  the  contestee  or  his  attorney,  shall  be  entered  as  a 
general  appearance  in  the  contest.  No  demurrer  or  objection  can  be  taken  by  the 
parties  in  any  other  manner  than  by  answer,  and  all  the  objections  must  be  contained 
in  the  answer.  The  court  if  the  contestee  shall  appear,  must  require  the  answer  to  be 
made  within  three  days  from  the  time  and  place  as  above  provided,  and  if  the  contestee 
shall  not  appear  shall  note  his  default,  and  shall  proceed  to  hear  and  determine  the 
contest  with  all  convenient  speed.  If  the  number  of  votes  which  are  sought  to  be 
recounted,  or  the  number  of  contests  are  such  that  the  judge  shall  be  of  opinion  that 
it  will  require  additional  judges  to  enable  the  contest  or  contests  to  be  determined  in 
time  to  print  the  ballots  for  the  election,  if  there  be  only  one  judge  for  such  county, 
he  may  obtain  the  service  of  any  other  superior  judge,  and  the  proceedings  shall  be  the 
same  as  herein  provided  in  counties  whore  there  is  more  than  one  superior  court  judge. 
If  the  proceeding  is  in  a  county  or  city  and  county  where  there  is  more  than  one 
superior  court  judge,  the  judge  to  whom  the  case  or  cases  shall  be  assigned,  shall 
notify  the  presiding  judge  forthwith,  of  the  number  of  judges  which  he  deems  nec- 
essary to  participate,  in  order  to  finish  the  contest  or  contests  in  time  to  print  the 
ballots  for  the  final  election,  and  the  said  presiding  judge  shall  forthwith  designate 
as  many  judges  as  are  necessary  to  such  completion  of  such  contest,  by  order  in 
writing,  and  thereupon  all  of  the  judges  so  designated  shall  participate  in  the  recount 
of  such  ballots  and  the  giving  of  judgment  in  such  contest  or  contests  in  the  manner 
herein  specified.  The  said  judges  so  designated  bj'  said  last  mentioned  order,  including 
the  judge  to  whom  said  contests  were  oi-iginally  assigned,  shall  convene  upon  notice 
from  the  judge  to  whom  such  contest  or  contests  were  originallj'  assigned,  and  agree 
upon  the  precincts  which  each  one  of  such  judges  will  recount,  sitting  separately,  and 
thereupon  such  recount  shall  proceed  before  each  such  judge  sitting  separately,  as  to 
the  precincts  so  arranged,  in  such  manner  that   the  recount  shall  be  made  in  such 


Act  1337,  §§  29,  30  CE^NICRAL   LAWS.  C0« 

precincts  before  each  such  judge  as  to  all  the  contests  pending,  so  that  the  ballots 
opened  before  one  judge  need  not  be  opened  before  another  judge  or  department,  and 
the  proceedings  before  such  judge  in  making  such  recount  as  to  the  appointment  of  the 
clerk  and  persons  necessary  to  be  assistants  of  the  court  in  making  the  same,  shall  be 
the  same  as  in  contested  elections,  and  the  judge  shall  fix  the  pay  or  compensation 
for  such  persons,  and  require  the  payment  each  day  in  advance  of  the  amount  thereof, 
by  the  person  who  is  proceeding  with  and  requiring  the  recount  of  the  precinct  being 
recounted.  When  the  recount  shall  have  been  completed  in  the  manner  herein  required, 
if  more  than  one  judge  has  taken  part  therein,  all  the  judges  who  took  part  shall 
assemble  and  make  the  decision  of  court,  and  if  there  be  any  differences  of  opinion,  a 
majority  of  such  judges  shall  finally  determine  all  such  questions,  and  give  the  decision 
or  judgment  of  the  court  in  such  contest  or  contests,  separately.  Such  decision  or 
judgment  of  the  court  shall  be  final  in  every  respect,  and  no  appeal  can  be  had  there- 
from. The  judgment  shall  be  served  upon  the  county  clerk  or  registrar  of  voters  by 
delivery  of  a  certified  copy  thereof,  and  may  be  enforced  summarily  in  the  manner 
provided  in  section  twenty-seven  of  this  act,  and  if  the  contest  proceeds  in  more  than 
one  county,  and  the  nominee  is  to  be  certified  by  the  secretary  of  state  from  the  com- 
pilation of  election  returns  in  his  office,  then  the  judgment  in  each  county  in  which 
a  contest  may  be  had  shall  show  what,  if  any  changes  in  the  returns  in  the  office 
of  the  secretary  of  state  relating  to  such  county  or  city  and  county,  ought  to  be  made, 
and  all  such  judgments  shall  be  served  upon  the  secretary  of  state,  by  the  delivery 
of  a  certified  copy,  and  he  shall  make  such  changes  in  the  record  in  his  office  as  such 
judgment  or  judgments  require,  and  conform  his  compilation  and  his  certificate  of 
nomination  in  accordance  therewith.  If  the  office  contested  is  one  to  be  voted  upon 
in  more  than  one  county,  the  time  within  which  such  contest  may  be  brought  in  any 
county  involved  shall  begin  to  run  at  the  time  of  the  declaration  of  the  official  canvass 
b^'  the  board  of  supervisors  of  the  county  last  making  such  declaration.  [Amendment 
of  May  29, 1917.     In  effect  July  28, 1917.     Stats.  1917,  p.  1363.] 

Campaign  expenses. 

§  29.  No  candidate  for  nomination  to  any  elective  office,  including  that  of  United 
States  senator  in  congress,  shall  directly  or  indirectly  pay,  exj^end  or  contribute  any 
money  or  other  valuable  thing,  or  promise  so  to  do,  except  for  lawful  expenses.  Lawful 
expenses  as  used  in  this  section  are  limited  to  expenses  for  the  following  purposes  only : 

1.  For  the  candidate's  official  filing  fee. 

2.  For  the  preparing,  printing,  circulating,  and  verifying  of  nomination  papers. 

3.  For  the  candidate's  personal  traveling  expenses. 

4.  For  rent  and  necessary  furnishing  of  halls  or  rooms,  during  such  candidacy,  for 
public  meetings  or  for  committee  headquarters. 

5.  For  payment  of  speakers  and  musicians  at  public  meetings  and  their  necessary 
traveling  expenses. 

6.  For  printing  and  distribution  of  pamphlets,  circulars,  newspapers,  cards,  handbills, 
posters  and  announcements  relative  to  candidates  or  political  issues  or  principles. 

7.  For  his  share  of  the  reasonable  compensation  of  challengers  at  the  polls. 

8.  For  making  canvassers  of  voters. 

9.  For  clerk  hire. 

10.  For  conveying  infirm  or  disabled  voters  to  and  from  the  polls. 

11.  For  postage,  expressage,  telegraphing,  and  telephoning,  relative  to  candidacy. 

Verified  statement  of  campaign  expenses. 

§  30.  Every  person  who  shall  be  a  candidate  for  nomination  to  any  elective  office 
shall  make  in  duplicate,  within  fifteen  days  after  the  primary  election,  a  verified 
statement,  setting  forth  each  and  every  sum  of  money  contributed,  disbursed,  expended 


I 


667  ELECTIONS.  Act  1337,  §§  31,32 

or  promised  by  him,  and,  to  the  best  of  his  knowledge  and  belief,  by  any  and  every 
other  person  or  association  of  persons  in  his  behalf  wholly  or  partly  in  endeavoring 
to  secure  his  nomination.  This  statement  must  show  in  detail  all  moneys  paid,  loaned, 
contributed,  or  otherwise  furnished  to  him  directly  or  indirectly  in  aid  of  his  nomina- 
tion, together  with  the  name  of  the  person  or  persons  from  whom  such  moneys  were 
received;  and  must  also  show  in  detail,  under  each  of  the  subdivisions  of  section 
twenty-nine  of  this  act,  all  moneys  contributed,  loaned,  or  expended  by  him  directly  or 
indirectly  by  himself  or  through  any  other  person,  in  aid  of  his  nomination,  together 
with  the  name  of  the  person  or  persons  to  whom  such  moneys  were  paid,  or  disbursed. 
Such  statement  must  set  forth  that  the  affiant  has  used  all  reasonable  diligence  in  its 
preparation,  and  that  the  same  is  true  and  is  as  full  and  explicit  as  he  is  able  to  make 
it.  Within  the  time  aforesaid  the  candidate  shall  file  one  copy  of  said  statement  with 
the  officer  with  whom  his  nomination  papers  were  filed,  and  the  other  with  the  recorder 
of  the  county  or  city  and  county  in  which  he  resides,  who  shall  record  the  same  in  a 
book  to  be  kept  for  that  purpose,  and  to  be  open  to  public  inspection.  No  officer  shall 
issue  any  certificate  of  nomination  to  any  person  until  such  statement  as  herein  provided 
has  been  filed  and  no  other  statement  of  expenses  shall  be  required  except  that  provided 
herein,  and  no  fee  or  chai-ge  whatsoever  shall  be  made  or  collected  by  any  officer  for 
the  verifying,  filing,  or  recording  of  such  statements  or  a  copy  thereof.  [Amendment 
of  May  29,  1917.    In  effect  July  28,  1917.     Stats:"1917,  p.  1365.] 

Penalty. 

$  31.  Any  person  violating  any  of  the  provisions  of  section  29  or  section  30  of  this 
act  shall  be  guilty  of  a  misdemeanor,  and  upon  trial  and  conviction  thereof,  in  addition 
to  the  sentence  imposed  by  the  court,  he  shall  forfeit  all  right  to  the  ofl&ce  for  which  he 
was  a  candidate  at  the  time  of  violating  the  provisions  aforesaid. 

Bribes.    Penalty. 

§  32.  1.  Any  person  who  shall  offer,  or  with  knowledge  of  the  same  permit  any  per- 
son to  offer  for  his  benefit,  any  bribe  to  a  voter  to  induce  such  voter  to  sign  any  nomi- 
nation paper,  and  any  person  who  shall  accept  such  bribe  or  any  promise  of  gain  of  any 
kind  in  the  nature  of  a  bribe  as  consideration  for  signing  any  nomination  paper,  whether 
such  bribe  or  promise  of  gain  in  the  nature  of  a  bribe  be  offered  or  accepted  before  or 
after  signing,  shall  be  guilty  of  a  misdemeanor  and  upon  trial  and  conviction  thereof 
shall  be  punished  by  a  fine  of  not  less  than  twenty-five  dollars  nor  more  than  three- 
hundred  dollars,  or  by  imprisonment  in  the  county  jail  for  not  less  than  ten  days  nor 
more  than  one  hundred  and  twenty  days,  or  by  both  such  fine  and  imprisonment. 

Failure  to  file  nomination  papers. 

2.  Any  person  who,  being  in  possession  of  any  nomination  paper  or  papers  and  affi 
davits  entitled  to  be  filed  under  the  provisions  of  this  act,  shall  wrongfully  either 
suppress,  neglect  or  fail  to  cause  the  same  to  be  filed  at  the  proper  time  and  in  the 
proper  place  shall  be  guilty  of  a  misdemeanor,  and  upon  trial  and  con\nction  thereof 
shall  be  punished  by  a  fine  of  not  less  than  one  hundred  dollars  nor  more  than  five 
hundred  dollars,  or  by  imprisonment  in  the  county  jail  for  not  less  than  thirty  days 
nor  more  than  six  months,  or  by  both  such  fine  and  imprisonment. 

Other  offenses. 

3.  Any  act  or  omission  declared  to  be  an  offense  by  the  general  laws  of  this  state 
concerning  primaries  and  elections  shall  also  in  like  case  be  an  offense  concerning  pri- 
mary elections  as  provided  for  by  this  act,  and  shall  be  punished  in  the  same  manner 
and  form  as  therein  provided,  and  all  the  penalties  and  provisions  of  the  law  governing 
elections,  except  as  herein  otherwise  provided,  shall  apply  in  equal  force  to  i)rimary 
elections  as  provided  for  by  this  act. 


Aft  i:{37,  Sg  33-36 


GBNKRAI.    LAWS. 


60» 


Preparation  of  forms. 

$  33.  It  shall  be  the  duty  of  the  secretary  of  state  and  the  attorney  general  to 
prepare  on  or  before  September  1,  1917,  all  forms  necessary  to  carry  out  the  pro- 
visions of  this  act,  which  forms  shall  be  substantially  followed  in  all  primary  elections 
held  in  pursuance  hereof.  [Amendment  of  May  29,  1917.  In  effect  July  28,  1917. 
Stats.  1917,  p.  1366.] 

Title  of  act. 

^  34.     This  act  shall  be  known  as  the  direct  primary  law. 

Constitutionality  of  act. 

§  35.  If  any  section,  subdivision,  sentence,  clause,  or  phrase  of  this  act  is  for  any 
reason  held  to  be  unconstitutional,  such  decision  shall  not  affect  the  validity  of  the 
remaining  portion  of  this  act.  The  legislature  hereby  declares  that  it  would  have 
passed  this  act,  and  each  section,  subdivision,  sentence,  clause,  and  phrase  thereof,  irre- 
spective of  the  fact  that  any  one  or  more  other  sections,  subdivisions,  sentences, 
clauses,  or  phrases  be  declared  unconstitutional. 

Repealed. 

$  36.  The  act  approved  April  7,  1911,  known  as  the  direct  primary  law,  and  also 
the  act  approved  December  24,  1911,  amending  sections  1,  3,  5,  7,  10,  12,  13,  22,  23, 
and  24  of  the  said  direct  primary  law,  are  hereby  repealed;  and  all  other  acts  or  parts 
of  acts  inconsistent  with  or  in  conflict  with  the  provisions  of  this  act,  are  also  hereby 
repealed. 


The  code  coministsloncrs  say  of  the  act  of 

189b:  "Unconstitutional.  (Marsh  v.  Hanly, 
111  Cal.  368,  [43  Pac.  975];  Gett  v.  Super- 
visors, 111  Cal.  366,  [43  Pac.  1122].  Super- 
seded by  Political  Code,  §§  1357-1375,  added 
1901.  p.  606." 

1.  Con.stitutionality. — A  compulsory  pri- 
mary law,  such  as  is  embodied  in  the  addi- 
tions to  the  Political  Code  made  by  the  act 
of  March  3,  1899  (§§  1366.  et  seq.),  forms  a 
part  of  the  general  election  laws  of  the 
state,  and  that  act  is  void  as  an  invasion  of 
the  bill  of  rights   (Article  I  of  the  Constitu- 

•tion),  and  of  the  fundamental  reserved 
rights  of  citizens  of  a  free  government. 
— Britton  v.  Board  of  Election  Commission- 
ers, 129  Cal.  337,  51  L.  R.  A.  115.  61  Pac.  1115. 

2.  Same — Special  legislation. — The  act  of 
1897  is  held  to  be  special  legislation  and 
void,  even  if  the  primary  elections  therein 
provided  for  were  not  elections  "authorized 
by  law"  within  the  meaning  of  section  1, 
Article  II  of  the  Constitution. — Spier  v. 
Baker,  120  Cal.  370,  41  L.  R.  A.  196,  52  Pac. 
659. 

3.  Same — RIelit  of  Suffrase. — Section  11. 
Article  XX,  of  the  constitution  gives  the 
legislature  power  to  pass  laws  properly  and 
reasonable  regulating  the  exercise  of  the 
right  of  suffrage,  but  not  to  determine  who 
are  entitled  to  the  right  itself,  a  subject 
v.-hich  section  1,  Article  II,  Itself  deter- 
mines.— Spier  v.  Baker,  120  Cal.  370,  41 
L.  R.  A.  196,  52  Pac.  659. 

4.  Same. — The  primary  election  provided 
for  by  the  act  of  1S07  is  an  election  "au- 
thorized by  law,"  within  the  meaning  of 
section  1.  Article  II  of  the  con.stitution,  and 
in    so    far    as    It    attempts    to    prescribe    the 


qualifications  of  those  entitled  to  vote  at 
such  election  is  unconstitutional  as  ob- 
noxious to  the  provisions  of  that  section. — 
Spier  V.  Baker,  120  Cal.  370,  41  L>.  R.  A.  196, 
52   Pac.   659. 

5.  Same — Title — Not  E:e>*mane  to  subject 
of  act. — Certain  provisions  of  the  act  of 
1897  held  not  to  be  germane  to  the  subject 
expressed  in  the  title,  and  therefore  ob- 
noxious to  the  requirements  of  section  24, 
Article  IV  of  the  constitution. — Spier  v. 
Baker,  120  Cal.  370,  41  L.  R.  A.  196,  52  Pac. 
659. 

6.  Same. — The  insertion  of  the  words 
"for  other  purposes"  in  the  title  of  the  act 
of  1897  does  not  validate  the  act  as  to  those 
provisions  not  germane  to  the  subject  ex- 
pressed in  the  title. — Spier  v.  Baker,  120 
Cal.  370,   41  L.   R.  A.   196,  52  Pac.   659. 

7.  Same — Test  oath. — The  provision  of 
the  act  of  1909  requiring  an  oath  amounting 
to  a  party  test  is  reasonable  and  valid,  not 
in  contravention  of  section  3,  Article  XX,  of 
the  constitution,  declaring  that  no  other 
oath,  declaration  or  test  shall  be  required 
as  a  qualification  for  any  office  or  public 
trust,  than  the  one  there  provided. — Social- 
ist Party  v.  Uhl,  155  Cal.  776.  103  Pac.  181. 

8.  Same — Fees  of  candidate. — The  provi- 
sions of  the  act  of  1909  for  the  payment  of 
fees  by  candidates  to  filing  officers  are  not 
provisions  for  property  qualifications  pro- 
hibited by  section  24,  Article  I  of  the  con- 
stitution, and  even  if  they  were  they  would 
not  invalidate  the  act. — Socialist  Party  v. 
Uhl,  155  Cal.  776,  103  Pac.  181. 

9.  Same — Special  and  local  legislation. — 
The  fact  that  the  act  of  1909  does  not  apply 
to  municipal  officers  of  municipalities  whose 
charters    provided    a    system    of    their    own. 


SC9 


ELECTIONS. 


Act  1337 


does  not  render  special  or  local. — Socialist 
Party  v.  Uhl.  155  Cal.  776.  103  Pac.  181. 

10.  Same — Reasonable  tests  for  "eleot- 
ors,"  "political  parties"  and  "organi/.ation.s 
of  electors." — The  legislature  was  empow- 
ered under  section  2%,  Article  II  of  the 
constitution,  to  fix  reasonable  tests  for 
"electors,"  "political  parties,"  and  "organi- 
zations of  electors,"  and  the  provisions  of 
the  act  of  1909,  are  reasonable,  and  there- 
fore valid. — Socialist  Party  v.  Uhl,  155  Cal. 
776,  103  Pac.  181. 

10a.  Same. — The  test  provided  by  the  act 
of  1909  under  which  "electors"  and  "organi- 
zations of  electors"  may  acquire  the  status 
of  a  political  party  and  go  into  future  pri- 
maries as  a  political  party  is  reasonable, 
not  arbitrary,  and  valid. — Socialist  Party  v. 
Uhl,  155  Cal.   776,   103   Pac.   181. 

11. — Same — Choice  for  United  States  Sen- 
ator.— The  act  of  1909  is  not  invalid  be- 
cause of  the  provision  for  expressing  a 
clioice  for  United  States  senator. — Socialist 
Party  v.  Uhl,   155  Cal.  776,  103   Pac.   181. 

13.  Same — Same — Germane  to  subject  of 
act. — The  subject  of  an  advisory  vote  for 
United  States  Senators  is  germane  to  the 
subject  of  primary  elections. — Socialist 
Party  v.  Uhl,  155  Cal.  776,  103  Pac.  181. 

13.  Same — Supersedes  prior  act. — The  act 
of  1909  held  valid,  and  to  operate  to  super- 
sede the  act  of  1905  as  amended  in  1907. — 
Socialist  Party  v.  Uhl,  155  Cal.  776,  103  Pac. 
181. 

14.  Same — Void  in  part. — The  court  can 
not  hold  section  26  void,  and  declare  the 
act  otherwise  valid,  for  to  do  so  would  be 
imposing  upon  the  whole  state  a  law  which, 
it  is  clear,  the  legislature  intended  to  apply 
in  only  two  counties,  and  which  would  not 
have  passed  otherwise,  and  that  would  be 
nothing  short  of  judicial  legislation. — 
Marsh  v.  Supervisors,  111  Cal.  366,  372,  43 
Fac.  1122. 

1.').  Same-^Unauthorized  classification  of 
counties — Local  and  special  legi.slation. — 
The  act  of  1895  is  unconstitutional,  as.  not 
being  a  regulation  of  the  compensation  of 
county  officials,  for  which  purpose  alone 
counties  may  be  classified,  local  and  special, 
since  it  applies  only  to  counties  of  the  first 
;  nd  second  classes. — Marsh  v.  Supervisors, 
111  Cal.  366,  43  Pac.  1122. 

16.  Same— Question  can  not  be  raised  by 
uninterested  party. — The  question  of  the 
constitutionality  of  the  primary  law  of  1895 
can  not  be  decided  in  an  application  for  a 
writ  of  mandate  by  a  taxpayer  of  Sacra- 
mento county,  a  person  not  interested  in  the 
operation  of  said  law,  by  reason  of  the  fact 
that  it  is  made  applicable  only  to  San  Fran- 
cisco and  Los  Angeles  counties. — Gett  v. 
Board  of  Supervisors,  111  Cal.  366,  43  Pac. 
1122. 

17.— Same — Declaration  of  party  aflllia- 
tlon. — Under  the  provisions  of  section  2%, 
Article  II  of  the  constitution  the  legislature 
was  authorized  .o  prescribe  the  test  and 
condition  for  affiliation  in  the  primary  elec- 
tion, of  the  declaration  of  party  affiliation 
prescribed  by  the  act  of  1913. — Don  v.  Pfis- 
ter,  172  Cal.  25,  155  Pac.  60. 


18.     Construction — Object  of  act  of  1909. — 

The  whole  object  of  the  primary  law  of  1909 
was  to  confine  the  control  of  a  party  to  the 
electors  of  that  party,  and  to  prevent  the 
electors  of  another  party  from  interfering 
with  such  control. — Fickert  v.  Zemansky, 
157  Cal.   398,  108  Pac.  269. 

1».  Same — Proviso  of  act  of  1909. — ^The 
proviso  of  the  act  of  1909  allowing  the 
voters  on  tlie  registration  list  of  the  pre- 
vious year  to  vote,  where  the  new  registra- 
tion list  had  not  been  completed,  was  in- 
tended to  apply  to  municipal  elections  early 
in  the  year. — Grieb  v.  Zemansky,  157  Cal. 
316,  107  Pac.  605. 

20.  Same — Act  of  1897. — Municipal  elec- 
tions.— The  act  of  1897  did  not  apply  to  the 
municipal  elections  of  that  year,  since  the 
machinery  for  such  elections  was  not  set  in 
motion  under  the  act  until  January,  1898. — 
McKinnon  v.  Leonard,  118  Cal.  302,  50  Pac. 
536. 

21.  Same— Act  of  1913  superseded  act  of 
1909. — Primary  election  law  of  1909  (691) 
superseded  by  act  of  1913  (1379);  and,  as  to 
San  Francisco,  by  cliarter  amendments  of 
February  23,  1911  (1661). — Sullivan  v.  Gil- 
dea,  166  Cal.  198.  200,  135  Pac.  952. 

21a.  Same — Not  a  general  election. — The 
fact  that  the  act  of  1911  fixed  regular  times 
for  holding  January  elections  does  not  make 
the  elections  held  at  such  times  and  such 
said  law  general  elections. — Bigelow  v.  Su- 
pervisors, 18  Cal.  App.  715,  124  Pac.  554. 

21b.  Same. — The  primary  election  of 
May  14,  1912,  pursuant  to  the  act  of  1911, 
was  not  a  general  election  within  the 
meaning  of  the  "local  option"  law  of  that 
year. — Bigelow  v.  Supervisors,  18  Cal.  App. 
715,  124  Pac.  554. 

23.  Same  —  Registration  —  Statement  of 
party  affiliation. — An  elector  is  entitled  to 
state  in  his  affidavit  of  registration  the 
name  of  the  political  party  with  which  he 
intends  to  affiliate  at  the  ensuing  primary 
election,  notwithstanding  the  amendment  of 
section  1096.  Political  Code  (1915,  p.  289), 
striking  from  said  section  the  provision  that 
an  elector  may  state  this,  in  view  of  the 
present  state  of  the  law  and  without  regard 
to  acts  adopted  at  the  1916  extra  session  of 
the  legislature,  said  acts  not  having  become 
effective  because  subjected  to  referendum. — 
Don  V.  Pfister,  172  Cal.  25.  26,   155  Pac.   60. 

23.  Same — Same — Effect  of  incorporation 
of  requirement  of  1096,  Political  Code. — 
The  legal  effect  of  the  incorporation  of  the 
partisan  registration  requirement  of  section 
1096,  Political  Code  in  the  primary  act  of 
1913,  by  reference,  was  the  same  as  though 
tliat  portion  of  the  section,  at  least,  had 
been  inserted  in  the  act  in  extenso,  and  the 
act  could  be  subsequently  affected  by 
amending  the  section. — Don  v.  Pfister,  172 
Cal.  25,  28,  155  Pac.  60. 

24.  Same — Same — It  was  the  intention  of 
the  legislature  to  make  section  1096,  Po- 
litical Code,  as  It  then  stood,  a  part  of  the 
primary  act  of  1913  (1379),  by  reference,  In 
so  far  at  least  as  partisan  registration,  pro- 
vided   for   in    that   section,    and   so   vital    to 


Act  1337 


GENERAL   LAWS. 


67U 


the  maintenance  of  the  act,  was  concerned, 
so  long-  as  partisan  registration  was  re- 
quired by  the  primary  law. — Don  v.  Pfister, 
172  Cal.  25,  27,  155   Pac.  60. 

25.  Same  —  Same  —  Effect  of  amending 
8  10!)fi,  Political  Code. — Tlie  amendment  of 
section  1096,  Political  Code,  by  the  act  of 
1915,  by  striking  out  the  provision  therein 
that  the  elector  may  state  in  his  affidavit 
of  registration  the  name  of  the  political 
party  with  which  he  intends  to  affiliate  at 
the  ensuing  primary  election,  did  not  work 
a  change  in  the  provisions  of  the  act  of 
1913,  which  entitled  him  to  make  such  a 
statement. — Don  v.  Pfister,  172  Cal.  25,  155 
Pac.  60. 

2«.      Same — Same The    legislature    could 

not  affect  the  act  of  1913,  as  to  statements 
of  party  affiliation  by  merely  amending  sec- 
tion 1096  of  the  Political  Code,  which  had 
been  incorporated  as  a  part  of  such  act  by 
reference. — Don  v.  Pfister,  172  Cal.  25,  155 
Pac.  60. 

27.  Same — Registration  of  1910.  —  The 
new  registration  of  1910  shall  alone  deter- 
mine the  right  to  vote  at  the  August  pri- 
mary of  that  year,  and  incidentally  the 
right  to  sign  nominating  petitions. — Grieb 
V.  Zemansky,  157  Cal.  316.  107  Pac.  605. 

28.  Same — Refusal  to  allow  non-regis- 
tered elector  to  vote. — The  refusal  of  the 
election  officers  at  a  primary  election  to  re- 
ceive the  votes  of  electors  whose  names  are 
not  on  the  register,  upon  the  presentation 
of  their  affidavits  that  they  registered  ac- 
cording to  law,  is  not  a  proper  ground  of 
contest,  and  the  superior  court  is  without 
right  or  jurisdiction  to  receive  such  offered 
evidence,  and  since  the  decision  of  the 
court  is  final  in  every  respect,  and  no  ap- 
peal can  be  taken  therefrom,  the  admission 
of  such  evidence  is  not  an  appealable  error, 
and  prohibition  will  issue  to  restrain  the 
same. — Miller  v.  Superior  Court,  25  Cal.  App. 
607,  612,  144  Pac.  978. 

28a.  CoHTCntion  —  Participation.  —  No 
qualified  member  of  a  convention  composed 
as  prescribed  by  the  act  of  1911  (extra  ses- 
sion, p.  83)  lost  his  right  to  participate 
there  by  any  attitude  he  might  assume  as 
to  party  platform  or  candidates,  whatever 
might  be  his  motive  with  reference  thereto. 
— Sbarboro  v.  Jordan,   164   Cal.   51,  55. 

28b.  Same  —  Official  character  not 
changed  by  withdrawals  of  one-third  of 
the  meml»er.shiii. — A  republican  convention 
assembled  for  the  purpose  of  nominating 
candidates  of  that  party  for  electors  of 
president  and  vice  president,  composed  of 
members  selected  according  to  the  act  of 
1911  (extra  session,  p.  83),  does  not  lose 
its  regular  official  character  by  the  with- 
drawal of  one-third  its  membership,  and 
the  repudiation  by  the  remaining  members 
of  the  national  party  platform  and  candi- 
dates, and  their  indorsement  of  the  candi- 
dates and  platform  of  another  party. — 
Sbarboro  v.  Jordan,  164  Cal.  51,  53. 

28c.  Same  —  IVominees  for  presidential 
electors. —  A  convention  composed  as  pro- 
vided by  the  act  of  1911  (extra  session,  p. 
83),    of    the    so-called    hold-over    republican 


state  .senators,  and  the  republican  nominees 
for  state  senator  and  assemblyman  through- 
out the  state,  selected  at  the  regular  pri- 
mary election  of  the  year,  is  the  regular 
republican  convention  authorized  by  law 
to  nominate  candidates  of  that  party  for 
presidential  electors,  and  its  nominees  have 
the  right  to  have  their  names  printed  on 
the  regular  ballot  as  such  nominees,  not- 
withstanding such  convention  had  repudi- 
ated the  national  republican  party  platform 
and  candidates,  and  had  indorsed  the  party 
platform  and  candidates  of  another  party, 
and  such  nominees  for  electors  had  declared 
their  intention  to  vote  for  the  presidential 
candidates  of  such  other  party. — Sbarboro  v. 
Jordan,    164  Cal.   51,   55. 

29.  Xomination  of  candidates. — Wide  au- 
thority is  conferred  by  the  constitution 
(Act  II,  §2^4)  upon  the  legislature  in  pro- 
viding regulations  for  nominations  at  pri- 
mary elections  and  fixing  the  eligibility  of 
candidates  for  such  nomination. — Miller  v. 
Childs,  28  Cal.  App.  478,  488,  152  Pac.  972. 

30.  Same — Party  affiliation. — The  selec- 
tion of  candidates  for  nomination  by  a  party 
is,  under  the  primary  election  law  of  1913. 
committed  to  the  members  of  that  party, 
and  it  is  the  privilege  of  such  members  to 
select  as  their  candidate  a  member  of  an- 
other party,  or  of  no  party  at  all. — Hart  v. 
Jordan,   168  Cal.  321,  322,  143  Pac.  537. 

31.  Same — Offices  included  in  election 
notice. — Candidates  may  be  nominated  un- 
der the  direct  primary  law  for  such  offices 
only  as  may  be  properly  included  in  the 
notices  provided  for. — Fitzgerald  v.  Smith, 
178  Cal  679,  680,  174  Pac.  660. 

32.  Same — Membership  in  political  part>. 
— The  provisions  of  subdivision  4,  of  sec- 
tion 5,  of  the  primary  election  law  of  1913. 
expressly  authorizing  a  member  of  one 
political  party,  seeking  its  nomination  for 
office,  to  become  a  candidate  at  the  same 
election,  for  the  same  office,  either  by  his 
own  initiation  or  the*  action  of  five  electors. 
for  the  nomination  of  another  political 
party,  are  not  violative  of  any  constitutional 
restrictions. — Hart  v.  Jordan,  168  Cal.  321, 
322,  143  Pac.  537. 

33.  The  legislature  Is  not  bound,  in  the 
exercise  of  its  power  under  section  2V^, 
Article  II  of  the  constitution,  to  make  mem- 
bership in  a  party  a  condition  of  a  right  to 
seek  its  nomination. — Hart  v.  Jordan,  168 
Cal.  321,  322,  143  Pac.  537;  Williams  v.  Jor- 
dan, 168   Cal.   793. 

34.  Under  the  primary  election  law  of 
1913,  a  person  who  filed  nomination  papers 
as  a  candidate  for  a  particular  nomination 
for  a  specified  office,  and  was  defeated  for 
such  nomination  at  the  primary  election, 
but  elected  as  the  nominee  for  such  office 
by  another  party,  is  not  ineligible  to  run  as 
the  nominee  of  such  other  party,  and  is  en- 
titled to  have  his  name  inserted  as  such 
nominee  on  the  ballot  for  the  general  elec- 
tion.— Narver  v.  Jordan,  173  Cal.  424,  425. 
160  Pac.  245. 

34a.  The  provision  of  section  23.  as 
amended  in  1917,  "that  no  candidate  for  a 
nomination  for  other  than  a  judicial,  school. 


671 


ELECTIONS. 


Act  1337 


county,  township  or  municipal  ofRce  who 
fails  to  receive  the  highest  number  of  votes 
for  the  nomination  of  the  political  party 
with  which  he  was  affiliated  thirty-five  days 
before  the  date  of  the  primary  election,  as 
ascertained  by  the  secretary  of  state  from 
the  affidavit  of  such  candidate,"  etc.,  is  con- 
stitutional, since  it  is  a  test  which  the  leg- 
islature is  authorized  under  section  2%, 
Article  II  of  the  constitution,  to  require. — 
Heney  v.  Jordan,  56  Cal.  Dec.  295. 

35.  Same — Name  of  defeated  oandidate 
written  in. — The  provisions  of  subdivision  8 
of  section  5  of  the  primary  election  law 
with  reference  to  nominations  of  candidates 
under  section  1188  of  the  Political  Code,  sim- 
ply means  that  a  candidate  for  a  party 
nomination  w^ho  has  been  defeated  at  the 
primary  for  such  nomination  is  ineligible 
for  nomination  as  an  Independent  candi- 
date, after  the  primary,  under  that  section, 
and  has  no  reference  to  a  candidate  nomi- 
nated at  the  primary  by  having  his  name 
written  in,  though  defeated  for  the  nomina- 
tion as  candidate  for  another  party. — Narver 
v.  Jordan,  173  Cal.  424,  426,  160  Pac.  245. 

36.  Section  23  of  the  direct  primary  act 
should  be  construed  with  reference  to  the 
placing  of  candidates  for  judicial,  school, 
county  and  township  offices  on  the  official 
ballot,  so  as  to  read:  "In  case  there  is  but 
one  person  to  be  elected  at  the  November 
election  to  a  judicial  office,  school  office, 
county  office  or  township  office,  any  candi- 
date who  receives  at  the  August  primary 
election  a  majority  of  the  total  number  of 
votes  cast  for  all  the  candidates  for  such 
office  shall  be  the  only  candidate  for  such 
office  placed  on  the  official  ballot  at  the 
ensuing  election,"  and  should  not  be  con- 
strued to  prevent  the  electors  from  writing 
the  name  of  their  own  candidate  for  such 
office. — Miller  v.  Childs,  28  Cal.  App.  478, 
489,  152  Pac.  972. 

37.  Same — The  case  of  Socialist  Party  v. 
I  hi,  155  Cal.  776,  103  Pac.  181,  is  not  author- 
ity for  the  denial  of  the  right  of  an  elector 
to  vote  at  his  party  primary  for  any  can- 
didate he  pleases,  by  writing  in  the  name 
of  such  candidate  on  his  party  ballot;  nor 
does  that  case  declare  that  a  candidate  so 
selected  is  not  entitled  to  have  his  name 
printed  on  the  November  ballot  as  the  party 
candidate,  although  may  be  registered  with 
another  party  and  may  actually  be  the  can- 
didate of  another  party  for  the  same  office. 
— Fickert  v.  Zemansky,  157  Cal.  398,  108 
Pac.   269. 

.37a.  Same  —  Inelleibility  of  snccessfnl 
candidate. — There  is  no  good  reason  why 
the  rule,  that  where  the  person  receiving 
the  highest  number  of  votes  for  an  office  is 
ineligible,  the  person  who  receives  the  next 
highest  is  not  elected,  in  the  absence  of 
statutory  provisions  to  the  contrary,  does 
not  apply  to  primary  elections. — Heney  v. 
Jordan,  56  Cal.  Dec.  295. 

38.  Same — Act  of  1000  construed  and  ap- 
plied.— Subdivision  5d,  section  5,  of  the  pri- 
mary election  law  of  1909,  relative  to  the 
number  of  signers  required  by  a  party  oan- 
didate   for    nomination,    construed    and    ap- 


plied.— Sullivan  v.  Gildea,  166  Cal.  198,  135 
Pac.   952. 

39.  Same— Signers  of  nomination  papers, 

— Only  those  electors  whose  names  appear 
upon  the  register  of  1910  can  join  in  the 
nomination  paper  of  a  candidate  to  be  voted 
for  at  the  August  primary. — Grieb  v.  Ze- 
mansky, 157  Cal.  316,  107  Pac.  605. 

40.  Same — Duty  of  clerk  to  purge  nomi- 
nating papers. — The  county  clerk  is  not  re- 
quired to  purge  a  nominating  petition  of  the 
names  of  signers  who  sign  other  petitions 
contrary  to  the  act,  but  only  to  compare  the 
signatures  with  the  registration  lists. — 
McDonald  v.  Curry,  158  Cal.  160,  110  Pac.  480. 

41.  Same — Placing  name  of  candidate  on 
I'.allot. — Prohibition  will  not  issue  to  re- 
strain either  the  secretary  of  state  or  the 
county  clerk  from  placing  the  name  of  a 
person  as  a  candidate  on  the  primary  ballot 
whose  filed  petitions  are  signed  by  the  re- 
quisite per  cent  of  voters  under  the  act  of 
1909,  even  though  a  showing  is  made  that 
a  sufficient  number  of  such  signers  had  pre- 
viously signed  the  petition  of  another  can- 
didate for  the  same  office  to  reduce  the  per- 
centage of  signers  below  the  requisite  per 
cent. — McDonald  v.  Curry,  158  Cal.  160,  110 
Pac.  480. 

41a.  Same — Filling  vacancies  by  party 
committee. — Under  section  25,  as  amended 
in  1917,  the  party  committee  is  prohibited 
from  filling  a  vacancy  on  the  party  ticket 
except  in  the  single  case  of  the  death  of  the 
candidate  occuring  after  the  primary  elec- 
tion.— Heney  v.  Jordan,   56  Cal.  Dec.   295. 

42.  Same — Party  affiliation  —  Reasonable 
tests. — Under  the  act  of  1909  a  person  can 
have  his  name  printed  on  the  ballot  as  a 
candidate  of  the  party  with  which  he  affili- 
ated at  the  last  general  election,  and  an 
elector  can  vote  only  for  candidates  of  the 
party  with  wliich  he  has  registered,  and  it 
is  held  that  both  tests  are  reasonable  and 
valid. — Socialist  Party  v.  Uhl,  155  Cal.  776, 
103  Pac.  181. 

43.  Same — Wlthdrav^^al  of  candidate. — Un- 
der the  direct  primary  law  of  1913  a  candi- 
date for  office  may  withdraw  his  candidacy 
after  nomination  and  qualification  as  such, 
and  under  section  27  of  the  act  mandamus 
will  lie  to  compel  the  election  officials  to 
omit  his  name  from  the  ballots  when  pre- 
pared.— Bordwell  v.  Williams.  173  Cal.  283, 
285,  Ann.  Cas.  1918B,  358,  L.  R.  A.  1917A,  996, 
159  Pac.  869. 

44.  Same — Affidavit  of  candidate  after 
nomination. — The  affidavit  contemplated  by 
section  5,  subd.  4  of  the  direct  primary  law 
relates  to  the  state  of  affairs  after  a  nomi- 
nation has  been  made,  and  has  no  applica- 
tion to  the  right  of  a  candidate  to  withdraw 
prior  to  the  primary  election. — Bordwell  v. 
Williams,  173  Cal.  283,  285,  Ann.  Cas.  1918E, 
358,  L.  R.  A.  1917A,  996,  159  Pac.  869. 

45.  Certifloate  of  nomination — Mandate  to 
compel  issue. — A  writ  of  mandate  will  not 
lie  to  compel  the  Issuance  of  a  certificate  of 
nomination  to  a  judicial  office,  by  reason  of 
votes  received  at  a  primary  election  to  a 
person,  who  is  not  alleged  to  have  received 
a  majority  of  all  the  votes  cast  at  such  prl- 


Act  I33S.  §§  1, 2  GISNBRAL  L,A\%'S.  672 

mary,    "ixxl    tliat    there    were    not   four   such  lect   or  misconduct,   any   elector  may   insti- 

"majorlty    candidates"     nominated    at    such  tute     appropriate     proceedings     to     compel 

primary. — People  ex  rel.  Jones  v.  Zemansky,  action. — Miller    v.    Superior    Court,     25    Cal. 

178  Cal.  803,  804,  175  Pac.  408.  App.  607,  611,  144  Pac.  978. 

46.  A  -write  of  niiin«1nte  will  not  lie  to  48.  Contest  —  Original  JuriKdlotion  of 
compel  the  issuance  of  a  certificate  of  nomi-  Hupreme  court. — Tlie  supreme  court  refused 
nation  as  a  candidate  for  superior  judge,  by  to  entertain  an  original  proceeding  to  de- 
reason  of  votes  cast  at  a  primary  election  termine  a  primary  election  contest,  under 
to  a  person  whose  name  was  not  printed  on  section  27  of  the  act  of  1909. — In  re  Snyder, 
the  primary  ballot,  and  who  did  not  receive  158  Cal.  218,  110  Pac.  820. 

a  sufficient  number  of  votes  by  writing  in  to  49.     Same  —  Affidavit    of    candidate. — The 

equal  the  number  required  by  subdivision  9  affidavit    of    the    candidate    referred    to    in 

of    section    5. — People,    ex    rel.    Jones   v.    Ze-  section    28    Is    the    basis    of    the    contest    in 

mansky,  178  Cal.  803,  804,  175  Pac.  408.  which  the  ballots  may  be  recounted  before 

47.  Duty  of  supervLsors — Tlie  law  con-  the  superior  court. — Miller  v.  Superior 
templates  prompt  action  by  the  supervisors  Court,  25  Cal.  App.  607,  610,  144  Pac.  978. 
In  order  that  the  names  of  the  successful  50.  Same  —  Time  to  file. — The  five  days 
candidates  may  be  placed  on  the  ballot  for  time  provided  for  filing  contests  does  not 
the  November  election,  and  a  careful  com-  begin  to  run  until  the  supervisors  have 
pliance  with  the  law  as  to  the  times  when  canvassed  the  returns  and  declared  the  vote, 
the  several  acts  should  be  done  is  necessary,  — Miller  v.  Superior  Court,  25  Cal.  App.  607, 
and  if  not  complied  with  by  reason  of  neg-  610,  144  Pac.   978. 

"PRESIDENTIAL  PRIMARY  ACT." 
ACT  1338 — An  act  to  provide  for  the  indication  by  the  registered  qualified  electors 
of  their  choice  for  nomination  by  their  respective  political  parties  for  president  of 
the  United  States  through  the  election  of  the  delegates  of  said  political  parties  to 
their  respective  national  conventions,  and  to  repeal  an  act  approved  December  24, 
1911,  known  as  the  presidential  primary  act,  and  also  to  repeal  all  other  acts  or 
parts  inconsistent  with  or  in  conflict  with  the  provisions  of  this  act. 

History:  Approved  April  28,  1915.  In  effect  August  8,  1915.  Stats. 
1915,  p.  279.  Amended  January  11,  1916.  In  effect  immediately.  Stats. 
1916  (ex.  sess.),  p.  36.  Prior  act  approved  December  24,  1911,  Stats. 
1911  (ex  sess.),  p.  85,  was  repealed  by  the  present  act.  The  primary 
law  of  1911  provided  for  the  election  of  delegates  to  the  national  con- 
ventions, but  the  act  of  1911  superseded  the  provisions  of  that  act. 

Presidential  primary  election. 

§  1.  On  the  first  Tuesday  in  May  of  each  year  of  the  general  November  election 
at  which  electors  of  president  and  vice  president  of  the  United  States  are  to  be  chosen, 
there  shall  be  held  a  primary  nominating  election,  to  be  known  as  the  May  presidential 
primary  election,  at  which  the  registered  qualified  electors  shall  have  opportunity,  on 
separate  party  ballots  provided  for  that  purpose,  to  elect  the  delegates  of  their  respec- 
tive political  parties  to  their  respective  national  conventions  for  the  nomination  of 
their  party  candidates  for  president  and  vice  president  of  the  United  States,  thereby 
indicating  the  preference  of  said  electors  for  their  presidential  nominee. 

Secretary  of  state  to  be  notified  of  number  of  delegates.    Elected  at  large.    Parties 

qualified  to  participate. 

$  2.  The  chairman  of  the  state  central  committee,  or,  after  the  year  1916,  the  chair- 
man of  the  congressional  party  committee,  of  each  of  the  political  parties  qualified 
to  participate  in  the  election  provided  for  in  this  act  shall  notify  the  secretary  of 
state  on  or  before  the  first  day  of  March  of  each  year  of  the  general  November  election 
at  which  electors  of  president  and  vice  president  of  the  United  States  are  to  be 
chosen,  as  to  the  number  of  delegates  to  represent  the  state  in  the  next  national  con- 
vention of  his  said  party.  If  said  chairmen,  or  any  of  them,  fail  to  file  such  notice,  it 
shall  be  the  duty  of  the  secretary  of  state  to  ascertain  the  said  number  of  delegates 
from  the  call  for  said  national  convention  issued  by  the  national  committee  of  each 
party  whose  chairman  has  failed  to  notify  him  as  aforesaid.  The  delegates  who  shall 
represent  each  political  party  at  its  national  convention  shall  all  be  elected  by  the 
voters  of  the  state  at  large.  The  secretary  of  state  shall,  on  or  before  the  tenth  day  of 
March  of  the  year  of  the  May  presidential  primary   election,  certify   to   the  count v 


fi'3  ELECTIONS. 


Act  1338,  §  3 


clerk  or  registrar  of  voters  of  each  county,  or  city  and  county,  the  number  of  dele- 
gates to  be  so  elected  by  each  of  the  political  parties  qualified  to  participate  in  the 
said  election.  Any  political  party  shall  be  qualified  to  participate  in  the  May  presi- 
dential primary  election  which  is  qualified  to  participate  in  the  August  primary  election 
according  to  the  provisions  of  the  "direct  primary  law." 

Delegates  to  national  convention.    Party  test.    Number  of  signers  required.    When 

delegates  prefer  same  candidates. 

$  3.  The  names  of  persons  to  be  voted  upon  as  delegates  to  the  respective  national 
conventions  of  the  several  political  parties  shall  be  printed  upon  the  ballots  of  their 
respective  parties  upon  the  filing  of  nomination  papers  substantially  as  provided  in  the 
direct  primary  law;  provided,  however,  that  the  only  party  test  that  shall  be  required 
of  each  of  the  five  qualified  electors  provided  for  in  subdivision  two  (b)  of  section  five 
of  said  direct  primary  law  shall  be  a  declaration  on  his  part  in  the  document  by  which 
verification  deputies  are  appointed  that  it  is  his  intention  to  affiliate  at  the  ensuing 
primary  election  with  that  political  partj--  for  nomination  by  which  he  is  proposing  a 
candidate  or  group  of  candidates  for  delegates;  and  provided,  also,  that  the  only 
party  test  that  shall  be  required  of  each  of  the  signers  of  the  nomination  paper  of  any 
candidate  or  group  of  candidates  for  delegate  shall  be  a  declaration  by  him  made  in 
such  nomination  paper  that  it  is  his  intention  to  affiliate  at  the  ensuing  primary 
election  with  that  political  party  for  nomination  by  which  he  is  signing  such  nomina- 
tion paper,  and  that  he  has  not  signed  the  nomination  paper  of  said  candidate  or 
group  of  candidates,  or  any  other  candidate  or  group  of  candidates,  as  candidate 
or  group  of  candidates  of  any  other  party  at  said  primary  election;  provided,  that, 
in  the  case  of  each  party,  nomination  papers  for  candidates  for  delegates  must  be 
signed  by  the  same  number  of  electors  as  is  required  on  the  nomination  paper  of  » 
candidate  for  United  States  senator;  and  provided,  also,  that  whenever  a  candidate  foi 
delegate  files  a  statement  with  the  secretary  of  state,  as  hereinafter  provided  in  thia 
section,  wherein  as  a  delegate  he  enrolls  himself  with  other  delegates  in  expressing  his 
preference  for  the  same  person  as  candidate  for  presidential  nominee,  there  may  be 
nominated  by  the  same  nomination  paper  the  names  of  all  such  candidates  for  dele- 
gates who  are  included  in  such  statement  as  have  individually  filed  similar  statements 
with  the  secretary  of  state.  The  form  of  nomination  paper  as  set  forth  in  section  five 
of  said  direct  primary  law  shall  be  changed  for  this  purpose  by  substituting,  in  the 
appropriate  place,  for  the  name  of  a  single  candidate,  as  follows:  "hereby  nominate 
the  following: 


Names. 

Residence 
City  or  Town 

County. 

Number  Congres- 
sional District. 

1 

0 

3 

(to  26  names,  or  such  other  number  as  may  be  required)  as  candidates  for  delegate 

to  the   national  party  convention,  to  be  voted  for  at  the  primary' 

election  to  be  held  on  the   day  of  May,  19..,"  and  by  making  such  other 

changes  in  said  form  as  may  be  necessary.  The  verification  deputies  to  obtain  signa- 
tures on  the  nomination  paper  for  such  group  of  candidates  for  delegate  may  be 
appointed,  either  according  to  the  provisions  of  subdivision  two  (a)  of  section  five 
of  said  direct  primary  law,  by  said  candidates  for  delegate  joining  together  in  the 
appointment  of  said  deputies;  or  according  to  the  provisions  of  subdivision  two  (b) 
of  said  section  five,  by  the  "five  registered  qualified  electors"  appointing  said  deputies 
to  obtain  signatures  for  the  nomination  of  all  of  said  candidates  whose  natnes  are 
grouped  together  on  the  same  nomination  papers;  provided,  however,  that  the  number 
of  such  candidates  for  delegate  shall  not  be  greater  than  the  total  number  of  dele- 
Gen.  Laws — 43 


Act  1338,  §  3 


GENERAL  LAWS.  674 


gates  to  be  elected  by  said  party;  and  provided,  further,  that  the  names  of  such 
candidates  thus  grouped  together  shall  be  so  selected  that  the  smallest  number  of 
such  candidates  who  shall  reside  in  any  one  congressional  district  shall  be  no  less 
than  the  integer  of  the  quotient  obtained  by  dividing  the  number  of  the  names  of 
such  candidates  appearing  upon  the  same  nomination  paper  by  the  total  number  of 
congressional  districts  of  the  state,  and  that  the  largest  number  of  such  candidates 
who  shall  reside  in  any  one  congressional  district  shall  be  no  greater  than  twice  said 
integer;  and  if  not  so  selected  said  names  shall  not  be  grouped  together  on  the  ballot, 
but  shall  appear  as  individuals. 

Names  grouped  on  ballot.    Endorsement  by  candidate.    Delegates  statement  of  prefer- 
ence.   Additional  statement. 

Candidates  for  delegate  grouped  together  on  the  same  nomination  paper  and  selected 
as  aforesaid  shall  be  similarly  grouped,  in  the  same  order  of  names,  upon  the  ballots 
of  their  party;  provided,  that  such  group  of  candidates  for  delegate  has  the  endorse- 
ment of  that  candidate  for  presidential  nominee  for  whom  the  members  of  said  group 
have   filed  a  preference,   or  the  endorsement  of  such  a  state  political  organization 
created  in  support  of  the  candidacy  of  said  presidential  nominee  as  shall   not   be 
repudiated  by  him  as  lacking  authority  to  make  such  endorsement;  said  endorsement, 
either  of  the  candidate  or  of  the  organization  supporting  him,  to  be  filed  with  the 
secretary  of  state.     No  candidates  for  delegate  not   thus  endorsed  shall  have   their 
names  printed  upon  the  ballot  in  a  group,  but  such  candidates  must  appear  as  indi- 
viduals' and  further  provided,  that  the  name  of  no  candidate  shall  appear  more  than 
once  on  the  ballot,  and  that  any  candidate  whose  nomination  paper  is  filed  in  more 
than   one   group,   or   in   the   same   group   differently   arranged,    shall   have   his    name 
printed  on  the  ballot  as  a  part  of  that  group  which  has  had  first  filed  the  endorsement 
as  herein  recited;  provided,  that  one  of  the  groups  in  which  his  name   occurs  has 
received  such  endorsement.     Each  candidate  for  election  as  delegate  to  his  national 
party  convention  must  file  with  the  secretary  of  state  not  later  than  the  time  of  filing 
of  the  nomination  papers  containing  his  name,  an  affidavit  substantially  as  provided 
in  section  five  of  the  "direct  primary  law,"  and  may  also  include  with  his  affidavit 
thp  following  statement: 

DELEGATE'S  STATEMENT. 

*  *  I  personally  prefer   as  nominee  of  my  political  party  for 

president  of  the  United  States,  and  hereby  declare  to  the  voters  of  my  party  in  the 
state  of  California  that  if  elected  as  delegate  to  their  national  party  convention,  I 

shall,  to  the  best  of  my  judgment  and  ability,  support  said    as 

nominee  of  my  party  for  president  of  the  United  States"  (filling  in  the  blanks  by 
inserting  his  choice  for  such  nominee).  But  the  neglect  or  failure  of  any  candidate 
to  conclude  any  statement  of  preference  for  presidential  nominee  shall  not  be  a  valid 
ground  on  the  part  of  the  secretary  of  state  for  refusal  to  receive  and  file  the  nomi- 
nation paper  containing  his  name. 

However,  each  candidate  for  delegate  whose  name  is  filed  upon  a  nomination  paper 
together  with  'the  names  of  other  candidates,  as  hereinbefore  in  this  section  provided, 
in  order  to  have  his  name  printed  upon  the  ballot  in  a  group  with  such  other  names, 
must  file  such  statement  of  preference,  and  shall  add  to  it  the  following: 

"  And  I  hereby  enroll  myself  in  the  expression  of  preference  for  said 

for  presidential  nominee,  as  one  of  the  following  named  candidates  for  delegate : 


Etc. 
(the  blanks  immediately  following  the  word  'delegate'  being  filled  in  by  the  pi-inted 


675  ELECTIONS.  Act  1338,  g  4 

or  typewritten  names  of  all  the  candidates  for  delegate,  including  the  signer,  whose 
names  appear  upon  the  same  nomination  paper  in  accordance  with  the  provisions  of  this 
section). 

(Signed)    " 

[Amendment  of  January  11,  1916.  In  effect  immediately.  Stats.  1915,  (extra  session), 
p.  37.] 

Names  of  candidates  in  parallel  columns.    Headings. 

$  4.  The  names  of  the  candidates  for  delegate  of  any  political  party  shall  be 
arranged  upon  the  ballot  of  such  party  in  parallel  columns,  the  various  candidates  for 
delegate  appearing  in  these  columns  under  their  preference  for  president  according 
to  the  provisions  of  section  3  of  this  act.  That  group  of  candidates  which  shall  first 
file  its  nomination  paper  with  the  secretary  of  state  shall  be  entitled  to  the  first  or 
left  hand  column;  the  group  which  next  flies  its  nomination  paper  shall  be  entitled  to 
the  second  column;  and  similarly  for  all  other  groups.  The  left  hand  column  shall 
be  headed  in  heavy  face,  ten  point,  gothic  type,  the  following: 

* '  Candidates  preferring » ' 

(The  blank  being  filled  in  by  the  name  of  that  candidate  for  presidential  nominee  for 
Avhom  the  members  of  the  group  in  said  left  hand  column  have  expressed  a  preference.) 
The  second  column  shall  be  similarly  headed  except  that  the  name  of  the  candidate 
shall  be  that  prefen-ed  by  the  members  of  the  group  in  said  second  column;  and  so 
on  for  as  many  columns  as  may  have  groups  who  have  exjiressed  a  preference  for 
presidential  nominee. 

To  the  right  of  the  last  column  headed  by  the  name  of  a  candidate  for  presidential 
nominee  shall  be  a  column  headed  by  the  words  "No  preference,"  in  heavy  face  ten 
point,  gothic  type,  in  which  column  shall  appear  the  names  of  all  candidates  for 
delegate  who  have  expressed  no  preference  for  presidential  nominee,  or  who  have 
expressed  a  preference  for  a  presidential  nominee  who  has  not  endorsed  said  candi- 
dates, either  personally,  or  through  the  state  political  organization  created  in  support 
of  his  candidacy,  as  such  endorsement  is  provided  for  in  section  3  of  this  act.  To 
the  right  of  the  last  column  shall  be  a  column  headed  by  the  words  "Blank  column" 
in  heavy  face,  ten  point,  gothic  type,  which  column  shall  contain  as  many  blank 
spaces  as  there  are  delegates  to  be  elected  by  the  political  party  concerned.  In  case 
that  there  are  no  names  of  candidates  for  delegate  to  be  placed  in  a  "No  preference 
column,"  such  "No  preference  column"  shall  be  omitted  from  the  ballot,  and  the 
"Blank  column"  as  herein  provided  for  shall  be  placed  to  the  right  of  and  contiguous 
to  the  last  column  headed  by  the  surname  of  a  candidate  for  presidential  nominee. 

Style  of  printing  names.    Arrangement  for  voting. 

The  names  of  the  various  candidates  for  delegates  shall  be  printed  in  eight  point, 
roman  capital  type,  under  their  respective  preferences  for  presidential  nominee  or 
in  the  no  preference  column,  as  heretofore  provided  in  this  act.  The  names  of  each 
group  on  the  ballot  shall  be  numbered  in  heavy  face,  eight  point  type.  The  order  of 
names  for  each  column  upon  the  ballot  shall  be  the  same  as  the  order  in  which  such 
names  were  filed  with  the  secretary  of  state;  provided,  that  above  the  individual 
names  in  each  column,  if  any,  shall  appear  the  group  of  names,  if  any,  which  has 
received  the  endorsement  referred  to  in  section  3  of  this  act. 

A  blank  column  one-half  inch  wide  shall  be  left  upon  the  ballot  opposite  each  group 
of  names  and  to  the  right  of  the  column  of  voting  squares  for  the  individual  names 
and  separated  from  it  by  a  light  dotted  line,  which  blank  column  shall  contain  a 
square  in  which  may  be  stamped  a  cross  (X)  which  shall  be  counted  as  a  vote  for 
each  and  every  name  in  the  group  opposite.  Lengthwise  along  this  blank  column 
shall  be  printed  "A  cross  (X)  stamped  in  this  square  shall  be  counted  for  each  name 


Act  1338,  §8  5-7  GENERAL  LAWS.  676 

of  the  group  to  the  left."  The  line  separating  any  name  from  any  other  name  not 
in  a  group  or  from  any  group  of  names  shall  be  heavier  than  any  line  separating  the 
individual  names  in  such  group  and  shall  extend  across  the  blank  column  provided 
for  in  this  paragraph.  Below  the  top  line  of  this  extension  shall  be  printed  in  small 
heavy  face  type  the  words  "top  of  group,"  and  above  the  bottom  line  of  the  extension, 
the  words  "end  of  group." 

Alternate  delegates. 

§  5,  The  delegates  to  each  national  party  convention  elected  at  the  May  presi- 
dential primary  election,  shall,  before  leaving  the  state  to  attend  the  convention,  meet 
together  and  select  alternates  to  the  convention.  The  number  of  alternates  to  be 
selected  shall  be  no  greater  than  one  for  each  delegate,  and  each  alternate  must  be 
selected  from  the  congressional  district  of  the  delegate  for  whom  he  is  an  alternate; 
and  the  method  of  selection  shall  be  as  determined  upon  by  the  majority  of  the  whole 
number  of  delegates  who  have  been  elected  to  the  convention.  The  duties  of  an 
alternate  shall  be  those  usually  appertaining  to  that  position,  and  as  prescribed  by  each 
party  in  the  call  for  its  national  convention.  The  alternate  of  any  such  delegate  as 
may  be  unable  to  attend  the  convention,  shall  attend  the  convention  in  his  place,  and 
shall  otherwise  discharge  the  duties  of  said  delegate,  but  shall  not  vote  in  place  of 
said  delegate  when  said  delegate  is  occupying  his  seat  at  the  convention. 

Registration  used.    Declaration  of  political  afiiliation. 

§  6.  For  purposes  of  the  May  presidential  primary  election  only  the  new  registra- 
tion, beginning  on  January  1st  of  the  year  in  which  such  May  presidential  primary 
election  is  held,  shall  be  used.  Any  person  registered  in  accordance  with  the  pro- 
visions of  this  section  and  of  section  one  thousand  ninety-six  of  the  Political  Code  and 
who,  on  asking  for  his  party  ballot  at  the  polls,  writes,  or  has  written,  and  declares 
his  political  afl&liation  as  in  this  section  provided  shall  be  qualified  to  vote  at  such 
election.  On  writing  his  name  or  having  it  written  for  him  on  the  roster,  as  provided 
by  law  for  general  elections  in  this  state,  he  shall  likewise  write  or  have  written  upon 
the  roster  the  name  of  the  political  party  with  which  he  intends  to  affiliate  in  voting 
for  candidates  for  office  at  the  next  ensuing  November  election.  He  shall  then,  in  an 
audible  tone  of  voice,  declare  to  the  election  officer  from  whom  he  receives  his  ballot 
the  name  of  such  political  party  with  which  he  intends  to  affiliate,  and  the  clerk  whose 
duty  it  is  according  to  law,  to  write  the  name  of  the  elector  on  the  poll  list,  shall  also 
write  opposite  such  name  the  name  of  said  political  party  with  which  the  elector  declares 
it  his  intention  to  affiliate.  Thereupon  said  elector  shall  be  given  the  ticket  of  that 
political  party  only  with  which  he  thus  declares  himself  affiliated,  and  he  shall  be 
permitted  to  vote  only  such  ticket.  Any  person  qualified  by  the  provisions  of  this 
section  to  vote  at  any  May  presidential  primary  election  shall  also  be  qualified  to  sign 
the  nomination  papers  of  any  person  to  be  voted  upon  at  such  primary  election. 
[Amendment  of  January  11,  1916.  In  effect  immediately.  Stats.  1915,  (extra  session), 
p.  39.] 

Ballot.    Instructions  to  voters. 

§  7.  The  ballot  to  be  used  at  the  May  presidential  primary  election  shall  be  pre- 
pared according  to  the  provisions  of  sections  3  and  4  of  this  act,  and  also  according 
to  such  provisions  of  the  "direct  primary  law"  as  are  applicable  to  this  act  and  not 
in  conflict  with  its  provisions;  provided,  that  the  words  at  the  top  of  the  ballot  shall 
be  "Official  presidential  primary  election  ballot,"  and  that  the  instructions  to  voters 
shall  be  as  follows:  "To  vote  for  a  person  whose  name  appears  on  the  ballot,  stamp 
a  cross  (V)  i^  ^^^  square  at  the  right  of  the  name  of  the  person  for  whom  you  desire 
to  vote-  or  if  you  wish  to  vote  for  all  of  a  group  of  persons,  stamp  a  cross  (X)   i^^ 


C'7  ELECTIOIVS.  Act  1338,  §§  8-13 

the  square  opposite  such  group  which  cross  shall  be  counted  for  each  name  of  the 
group.  A  group  consists  of  candidates  for  delegates  nominated  on  the  same  nomina- 
tion paper.  To  vote  for  a  person  whose  name  is  not  printed  on  the  ballot,  write  his 
name  in  the  blank  space  provided  for  that  purpose;  and  it  is  optional,  but  not  neces- 
sary, to  stamp  a  cross  after  such  name." 

Printing. 

There  shall  be  printed  in  heavy  face,  twelve  point,  gothic  type,  across  the  page  above 
the  columns  of  candidates  for  delegates,  the  words,  "For  delegates  to  national  con- 
vention vote  for  ,  either  as  individuals  or  by  group,  but  do  not  vote  for 

more  than  "  (the  blanks  being  filled  in  by  the  number  of  delegates  to  be 

elected  by  the  political  party  concerned). 

The  ballot  shall  be  printed  substantially  in  the  following  form: 

Form. 

[Face  of  ballot  on  insert.] 

County  clerk  to  provide  ballots.    Sample  ballots.    Size,  etc. 

$  8.  The  county  clerk  of  each  county,  or  registrar  of  voters  in  any  city  or  county, 
shall  distribute  to  each  precinct,  as  near  as  may  be,  twice  as  many  official  ballots  for 
each  party  as  were  cast  in  the  precinct  for  the  candidate  of  that  party  for  United 
States  senator  at  the  last  election  in  this  state  at  which  a  United  States  senator  was 
elected;  and  if  the  number  of  ballots  so  furnished  proves  insufficient,  additional  ballots 
must  be  furnished  by  the  county  clerk  on  demand  by  the  board  of  election  officials 
of  the  precinct.  One  sample  ballot  of  each  party  shall  be  mailed  to  every  elector 
entitled  to  vote  at  the  May  presidential  primary  election,  not  more  than  ten  days  nor 
less  than  five  days  before  the  election.  This  sample  ballot  for  each  party  shall  be 
one  half  the  dimensions,  as  near  as  may  be,  of  the  official  ballot  for  such  party,  and 
shall  otherwise  be  of  the  same  form,  and  contain  the  same  names  and  heading,  as 
the  official  ballot;  and  above  the  first  line  of  said  heading  shall  appear  the  words 
"Sample  ballot  (reduced  to  one-quarter  size)  of  the." 

Direct  primary  law  to  govern. 

§  9.  The  provisions  of  the  direct  primary  law  shall  govern  the  May  presidential 
primary  election  in  so  far  as  said  provisions  are  applicable  to  said  election  and  are 
not  inconsistent  with  or  in  conflict  with  the  provisions  of  this  act.  [Amendment  of 
January  11,  1916.     In  effect  immediately.     Stats.  1916  (extra  session),  p.  40.] 

Secretary  of  state  and  attorney  general  to  prepare  forms. 

§  10.  It  shall  be  the  duty  of  the  secretary  of  state  and  the  attorney  general  to 
prepare,  on  or  before  the  first  day  of  January,  1916,  all  forms  necessarj'  to  carry  out 
the  provisions  of  this  act,  which  forms  shall  be  substantially  followed  in  all  presi- 
dential primary  elections  held  in  pursuance  hereof. 

Title  of  act. 
§  11.     This  act  shall  be  known  as  the  presidential  primary  act. 

Repealed. 

$  12.  The  act  approved  December  24,  1911,  known  as  the  presidential  primary  act, 
is  hereby  repealed,  and  all  other  acts  and  parts  of  acts  inconsistent  with  or  in  con- 
flict with  the  provisions  of  this  act  are  also  hereby  repealed. 

Election  called. 

§  13.  The  first  May  presidential  primnry  election  to  be  held  under  the  provisions 
of  this  act  shall  be  held  on  the  second  day  of  May,  1916,  and  a  presidential  primary 


Act  1339,  §§  1-4  GENERAL,  LAWS.  STS 

election  to  be  held  on  the  said  second  day  of  May,  1916,  is  hereby  called  and  provided 
for.  [New  section  added  January  11,  1916.  In  effect  immediately.  Stats.  1916 
(extra  session),  p.  40.] 

The  amending  act  of  1916  contained  the  following: 

In  effect  immediately. 

§  5.  This  act,  inasmuch  as  it  calls  an  election  and  provides  the  procedure  therefor, 
shall,  under  the  provisions  of  article  IV,  section  one  of  the  constitution,  take  effect 
immediately. 

CONSOLIDATION  OF  ELECTION'S. 
ACT  1339 — An  act  to  permit  the  consolidation  of  elections  and  to  provide  a  procedure 
therefor. 

History:  Approved  June  11,  1913.  In  effect  August  10,  1913.  Stats. 
1913,  p.  698.  Amended  June  4,  1915.  In  effect  August  8,  1915.  Stats. 
1915,  p.  1163. 

Consolidation  of  elections  on  same  day. 

§  1.  Whenever  two  or  more  elections  are  called  to  be  held  on  the  same  day,  in 
the  same  territory,  or  in  territory  that  is  in  part  the  same,  such  elections  may  be 
consolidated  in  the  manner  provided  by  this  act. 

Elections  under  charters  or  state  laws. 

$  2.  Any  such  two  or  more  elections,  whether  held  under  a  freeholders'  charter  ox 
under  any  state  law,  or  both,  may  be  so  consolidated  and  different  elections  called  by 
the  same  governing  body  may  be  so  consolidated. 

Authority  to  consolidate. 

§  3.  Such  elections  may  be  consolidated  as  to  territory  which  is  the  same  by  order 
of  the  governing  body  or  bodies  calling  the  elections;  and  where  one  of  the  elections 
to  be  consolidated  in  a  state  election,  the  board  of  supervisors  of  the  county  wherein 
said  consolidation  may  be  had  shall  have  authority  to  order  such  consolidation,  as 
respects  such  state  election. 

Precincts,  etc.,  the  same  for  consolidated  elections.    Supervisors  may  canvass  returns 

for  cities. 

§  4.  Within  the  territory  affected  by  such  order  of  consolidation,  the  election  pre 
cinets,  polling  places  and  voting  booths  shall,  in  every  ease,  be  the  same  and  there  shall 
be  only  one  set  of  election  officers  in  each  of  such  precincts.  When  the  returns  of 
elections  consolidated  under  this  act  are  required  to  be  canvassed  by  different  can- 
vassing bodies,  such  elections  shall  be  conducted  separately  in  the  same  manner  as 
if  they  had  not  been  consolidated,  except  as  in  this  section  provided;  and  provided, 
further,  that  in  case  of  the  consolidation  of  an  election  called  by  the  legislative  body 
of  a  city  with  an  election  called  by  the  board  of  supervisors  of  the  county  in  which 
such  city  is  situated,  the  governing  body  of  such  city,  in  the  ordinance  or  notice  calling 
such  election,  may  authorize  such  board  of  supervisors  to  canvass  the  returns  of  such 
election,  and  such  election  shall  be  held  in  all  respects  as  if  there  were  only  one  elec- 
tion, and  only  one  ticket  or  ballot  shall  be  used  thereat;  and  the  returns  of  such 
election  need  not  be  canvassed  by  the  legislative  body  of  such  city.  When  the  returns 
of  any  two  or  more  elections  consolidated  under  this  act  are  required  to  be  canvassed 
by  the  same  body,  such  elections  shall  be  held  in  all  respects  as  if  there  were  only  one 
election,  and  only  one  ticket  or  ballot  shall  be  used  thereat.  [Amendment  of  June  4, 
1915.  In  effect  August  8,  1916.   Stats.  1915,  p.  1163.] 


679  ELECTIONS.  Act  1340,  §g  1, 2 

Appointment  of  officers,  etc. 

^  5.  When  elections  are  consolidated  under  the  provisions  of  this  act,  the  go\«?Tning 
body  or  bodies  ordering  such  consolidation  may,  in  the  territory  affected  thereoy, 
provide  for  the  appointment  of  officers  of  election,  for  the  formation  of  precincts  for 
such  elections  and  the  expenses  of  said  election. 

Act  of  1911  not  repealed. 

§  6.  Nothing  in  this  act  shall  be  so  construed  as  to  repeal  an  act  of  the  legislature 
of  the  state  of  California,  entitled,  "An  act  to  provide  for  the  regulation  of  the  traffic 
in  alcoholic  liquors  by  establishing  local  option;  authorizing  the  filing  of  petitions 
praying  for  elections  to  vote  upon  the  question  whether  the  sale  of  alcoholic  liquors 
shall  be  licensed  within  the  territory  described  in  such  petitions;  providing  for  the 
calling  and  holding  of  such  elections;  making  it  the  duty  of  the  proper  governing 
body  to  declare  such  territory  to  be  no-license  territory  unless  a  majority  of  votes 
is  cast  in  favor  of  license;  providing  that  no  licenses,  permits  or  other  authority  to 
sell  or  distribute  alcoholic  liquors  in  no-license  territory  shall  be  granted;  forfeiting 
and  declaring  void  all  such  licenses  or  permits  theretofore  issued  and  in  force;  making 
it  a  penal  offense  to  sell,  give  away  or  distribute  alcoholic  liquors  within  such  territory, 
with  certain  exceptions;  and  providing  penalties  for  such  offenses,"  approved  April  4, 
1911. 

LEGALIZING  REGISTRATIONS. 
ACT  1340 — An  act  to  legalize  registration  of  electors. 

History:    Approved  December  4,  1911,  Stats.  1911  (ex.  sess.),  p.  1. 

Registrations  declared  legal  and  valid.    Registrations  of  married  women. 

§  1.  All  registrations  of  electors  of  this  state,  heretofore  made  or  attempted  to  be 
made,  which  are  defective  or  illegal  by  reason  of  any  defect,  irregularity,  or  illegality 
in  the  appointment,  qualification,  or  authority  of  the  deputy  clerks  or  other  officials 
or  persons  before  whom  such  registrations  may  have  been  made,  or  who  took  the 
affidavits  of  the  persons  so  registering,  and  all  registrations  of  married  women,  who 
have  registered  under  the  given  names,  or  the  initials  of  the  given  names  of  their 
respective  husbands,  are  hereby  declared  to  be  valid  and  legal,  and  are  hereby  val- 
idated in  every  case  where  the  elector,  who  has  made  such  illegal  or  defective  regis- 
tration, was,  at  the  time  of  such  registration,  in  all  respects  eligible  to  register  as 
an  elector  of  this  state,  and  possessed  all  of  the  qualifications  required  therefor  by 
the  constitution  and  laws  of  this  state. 

Declaration  of  urgency.    Facts  constituting  necessity  for  legislative  action. 

^  2.  This  act  is  hereby  declared  to  be  an  urgency  measure  within  the  meaning  of 
section  1,  article  IV  of  the  constitution,  and  is  deemed  necessary  for  the  immediate 
preservation  of  the  public  peace  and  safety.  The  following  is  a  statement  of  the  facts 
constituting  such  necessity:  That  elections  are  abount  to  be  held  in  certain  munici- 
palities in  this  state  prior  to  the  first  day  of  January,  1912,  and  defects  and  irregu- 
larities have  occurred  in  the  registration  of  a  large  number  of  electors  in  such 
municipalities,  which  defects,  owing  to  defects  and  irregularities  in  the  appointment, 
qualification  or  authority  of  the  deputy  clerks  or  other  officials  or  persons  before 
whom  such  registration  were  made,  and  to  the  registration  of  married  women  under 
the  given  names,  or  initials  of  the  given  names  of  their  respective  husbands,  and  by 
reason  whereof  a  question  has  arisen  regarding  the  right  of  many  persons,  so  regis- 
tered, to  vote  at  said  elections,  who  were,  at  the  time  of  such  registration,  in  all 
respects  eligible  to  register  as  electors  of  this  state,  and  who  possessed  all  of  the 
qualifications  required  therefor  by  the  constitution  and  laws  of  this  state;  that  there 
is  now  existing  a  feeling  of  public  unrest  and  apprehenaiou  regarding  such  registra- 


Act  1341,  §§1-5  GE:iVt:RAL   LAWS.  6S0 

tion  and  such  elections;  that,  unless  the  right  of  such  persons  to  vote  at  such  elections 
is  legally  established  prior  to  the  holding  thereof,  public  disorder  and  breaches  of  the 
public  peace  at  such  elections  are  liable  to  ensue,  and  the  public  safety  and  the  orderly 
conduct  of  such  elections  are  liable  to  be  endangered. 

"PIECE  CLUBS." 
ACT  1341 — An  act  to  prohibit  "piece  clubs,"  and  to  prevent  extortion  from  candidates 
for  office. 

History:    Approved  March  14,  1878,  Stats.  1877-78,  p.  236. 

Election  expenses;  how  raised. 

^  1.  All  payments  and  contributions  of  money  for  election  expenses,  made  by  candi  ■ 
dates  for  oflSce  in  this  state,  shall  hereafter  be  assessed  and  made  by  such  candidates 
by  voluntary  assessment  among  themselves,  and  not  otherwise,  and  at  meetings  to  hi' 
called  for  such  purpose,  at  which  meetings  none  but  candidates  for  ofi&ce  at  the  next 
ensuing  election  shall  be  present  or  participate. 

Misdemeanor. 

$  2.  Any  person  being  a  candidate  for  office  in  this  state,  who  shall  directly  or 
indirectly  pay,  or  knowingly  cause  to  be  paid,  any  money  or  other  valuable  thing  to 
any  person,  as  an  assessment  or  contribution  for  the  expenses  of  the  election  at  which 
such  person  or  candidate  is  to  be  voted  for,  except  the  contribution  or  assessment  so 
agreed  upon  by  such  meeting  of  candidates,  shall  be  deemed  guilty  of  a  misdemeanor, 
and,  upon  conviction,  punished  accordingly. 

Certain  acts  declared  unlawful. 

$  3.  It  shall  not  be  lawful  for  any  committee,  convention,  or  other  association, 
formed  for  the  purpose  of  nominating  a  candidate  or  candidates  for  office  in  this  state, 
to  levy,  assess,  collect,  demand,  or  receive,  directly  or  indirectly,  any  mone.y  or  other 
valuable  thing  from  any  candidate  or  candidates  nominated  for  office  by  such  com- 
mittee, convention,  or  other  association,  either  for  the  expenses  of  printing  or  dis- 
tributing tickets,  or  for  any  of  the  expenses  of  the  election  of  such  candidate  or 
candidates,  or  as  or  for  the  expenses  of  such  nominating  convention,  committee,  or 
other  association,  or  under  or  upon  any  pretense  whatsoever. 

Misdemeanor. 

§  4.  Any  officer  or  member  of  any  such  committee,  convention,  or  association,  or 
other  person,  who  shall  vote  for,  aid,  authorize,  assist,  or  consent  to  any  such  levy, 
assessment,  or  collection  from  any  candidate  or  candidates,  shall  be  deemed  guilty  of 
a  misdemeanor,  and,  on  conviction,  punished  accordingly. 

Same. 

^  5.  Any  person  who  shall  demand,  ask  for,  collect,  or  receive,  either  directly  or 
indirectly,  any  money  or  other  valuable  thing  from  any  candidate  or  candidates  for 
office  in  this  state,  on  the  ground  that  such  money  or  other  valuable  thing  has  been 
assessed  to  such  candidate  or  candidates,  or  asked  for,  demanded,  or  required  by  any 
person,  nominating  convention,  committee,  or  other  political  association,  as  or  for  the 
costs  of  printing  or  distributing  tickets,  or  for  the  payment  of  election  expenses  of 
any  kind  or  nature  whatsoever,  or  as  or  for  the  expenses  of  such  nominating  com- 
mittee, convention,  or  association,  shall,  for  each  offense,  be  deemed  guilty  of  a 
misdemeanor,  and,  on  conviction,  shall  be  punished  accordingly;  but  nothing  herein 
contained  shall  prevent  the  candidates  at  any  election  from  assembling  together  and 
voluntarily  assessing  themselves  for  any  expenses  authorized  by  laAv  for  the  common 
good  of  the  ticket,  and  to  collect  and  disburse  the  same  by  agents  appointed  for  such 
purpose. 


«81  ELECTRICITY.  Act  1342,  §§  1, 2 

Same. 

$  6.  Any  person  who  shall  voluntarily  and  unsolicited  offer  to  work  for  and  assist, 
or  in  any  manner  whatsoever  contribute  to  the  nomination  or  election  of  any  candidate 
or  other  person  to  any  office  in  this  state,  for  the  purpose  and  with  the  intent  to  have 
such  candidate  or  person  pay  for,  or  in  any  manner  compensate  such  person  so  offer- 
ing for  such  work  or  services,  shall  be  deemed  guilty  of  a  misdemeanor,  and,  on  con- 
viction, punished  accordingly. 

Applies  only  to  San  Francisco. 

$  7.     This  act  shall  apply  only  to  the  city  and  county  of  San  Francisco. 

Act  takes  effect  when. 

§  8.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

Code  commissiouer's  note:  "Modified,  if  not  repealed,  by  the  purity  of  elections  act, 
1893:  12." 

SPECIAL  STATE  ELECTION  CALLED. 
ACT  1342 — An  act  calling  and  authorizing  and  directing  the  governor  of  the  state  to 
call  a  special  election  to  he  held  on  Tuesday  October  twenty-sixth,  1915,  and  provid- 
ing for  the  submission  thereat  to  the  qualified  electors  of  the  state  of  all  amendments 
to  the  constitution  of  the  state  of  California  proposed  by  the  legislature  of  said 
state  at  its  forty-first  session,  and  of  all  laws  passed  by  the  said  legislature  at  its 
forty-first  session  which  may  be  delayed  from  going  into  effect  by  referendum 
petition. 

History:    Approved  June  12,  1915.    In  effect  August  11,  1915.    Stats. 
1915,  p.  1500. 

Special  state  election  called  October  26,  1915. 

V^  1.  A  special  election  is  hereby  called  and  the  governor  of  the  state  is  hereby 
authorized  and  directed  to  call  a  special  election  to  be  held  throughout  the  state  of  Cali- 
fornia on  Tuesday,  the  twenty-sixth  day  of  October,  1915,  and  at  such  special  election 
there  shall  be  submitted  to  the  qualified  electors  of  said  state  for  adoption  or  rejection, 
in  accordance  with  the  provisions  of  section  1  of  article  XVIII  of  the  constitution  of 
said  state,  all  amendments  to  said  constitution  proposed  by  the  legislature  of  said  state 
at  its  forty-first  regular  session  commencing  on  the  fourth  day  of  January,  1915,  and 
all  laws  passed  by  the  said  legislature  at  said  session  which  may  have  been  delayed 
from  going  into  effect  by  referendum  petition  filed  in  accordance  with  the  provisions 
of  section  1  of  article  IV  of  the  constitution  of  said  state. 

$  2.  Said  special  election  shall  be  proclaimed,  held,  conducted  and  the  ballots  shall 
be  prepared,  marked,  voted,  counted,  canvassed,  and  the  results  shall  be  ascertained 
and  the  returns  thereof  made  in  all  respects  in  accordance  with  the  provisions  of  the 
constitution  applicable  thereto  and  the  law  governing  general  elections  in  so  far  as  the 
provisions  thereof  are  applicable  to  the  election  provided  for  by  this  act. 

CHAPTER  97. 

ELECTRICITY. 

References:   Acquisition    and    maintenance    of    electrical    power   plants    by    cities,    see 

Act  30-10. 
Appropriation  of  water  for  development  of  electricity,  see  Kerr's  Cyc.  Civil  Code 

§§  1410,  et  seq. 
Franchise  tax  of  electrical   corporations,   see   Kerr's   Cyc.   Political   Code,    §§  3G64, 

et  seq. 
Larceny  of,  see  Keri-'s  Cyc.  Penal  Code,  §  499a. 

Malicious  injury  to  electrical  plant,  see  Kerr's  Cyc.  Penal  Code,  §  499a. 
Public  utility,  see  tit.  "Public  Utility." 

Ratifying  ordinancs  authorizing  use  of  electricity  by  railroads  in  cities,  see  Act  3826. 
Rerjulating  appropriation  of  water  for  the  purpose  of  generating,  see  Act  5534, 
Taxation  in  general,  see  tit.  "Taxation." 


Act  1350,  §  1  GENERAL   LAWS.  682 

CONTENTS  OF  CHAPTER. 

A'i'T  1350.    Kegulatinq  Electric  Poles,  Wires,  Etc. 

1351.  Eegulating  Subways,  Manholes,  Etc. 

1352.  Joint  Municipal  Public  Utilities. 

REGULATING  ELECTRIC  POLES,  ETC. 
A.CT  1350 — An  act  regulating  the  placing,  erection,  use  and  maintenance  of  electric 
poles,  wires,  cables  and  appliances,  and  providing  the  punishment  for  the  violation 
thereof. 

History:    Approved  April   22,   1911,   Stats.   1911,  p.   1037,     Amended 
June  5,  1915.    In  effect  August  8,  1915.     Stats.  1915,  p.  1058. 

§  1.  No  commission,  officer,  agent  or  employee  of  the  state  of  California,  or  of  any 
city  and  county  or  city  or  county  or  other  political  subdivision  thereof,  and  no  other 
person,  firm,  or  corporation  shall — 

No  -wire  within  13  inches  of  pole.     Not  applicable  to  telephone.    Toll  lines  may  be 
exempt.  Not  applicable  to  "lead"  wires,  etc. 

(a)  Run,  place,  erect  or  maintain  any  wire  or  cable  used  to  carrj'  or  conduct  electric- 
ity, on  any  pole,  or  any  crossarm,  bracket  or  other  appliance  attached  to  such  pole, 
within  a  distance  of  thirteen  inches  from  the  center  line  of  said  pole;  provided,  that 
the  foregoing  provisions  of  this  paragraph  (a)  shall  be  held  not  to  apply  to  telephone, 
telegraph  or  other  "signal"  wires  or  cables  which  are  attached  to  a  pole  to  which  is 
attached  no  wire  or  cable  other  than  telephone,  telegraph  or  other  "signal"  wire  or 
cable,  except  within  the  corporate  limits  of  any  city  or  town  which  shall  have  been 
incor{:>orated  as  a  municipality,  nor  shall  the  foregoing  provisions  be  held  to  apply  to 
such  wires  or  cables  in  cases  where  the  same  are  placed  vertically  on  poles,  nor  to 
"bridle"  or  "jumper"  wires  on  any  pole  which  are  attached  to  telephone,  telegraph 
or  other  "signal"  wires  on  the  same  pole,  nor  to  any  "aerial"  cable,  as  between  such 
cable  and  any  pole  on  which  it  originates  or  terminates;  and  further  provided,  that  tele- 
phone toll  lines  may  be  exempt  from  the  provisions  of  this  paragraph  (a)  provided 
proper  evidence  introduced  before  the  railroad  commission  of  the  state  of  California 
proves  to  the  satisfaction  of  said  railroad  commission,  that  compliance  with  the  pro- 
visions of  this  paragraph  (a)  would  seriously  interfere  with  long  distance  telephone 
transmission;  and  further  provided,  that  the  provisions  of  this  paragraph  (a)  shall  not 
be  held  to  apply  to  wires  run  from  "lead"  wires  to  arc  or  incandescent  lamps  nor  to 
transformers  placed  upon  poles,  nor  to  any  wire  or  cable  where  the  same  is  attached  to 
the  top  of  a  pole,  as  between  it  and  said  pole,  nor  to  any  "aerial"  cable  containing 
telephone,  telegraph  or  other  "signal"  wires  where  the  same  is  attached  to  a  pole  on 
which  no  other  wires  or  cables  than  wires  continuing  from  said  cable  are  maintained; 
provided,  that  electric  light  or  power  wires  or  cables  are  in  no  case  maintained  on  the 
same  side  of  the  street  or  highway  on  which  said  "aerial"  cable  is  placed. 

No  wire  within  13  inches  of  pole  though  unattached  thereto. 

(b)  Run,  place,  erect  or  maintain  in  the  vicinity  of  any  pole  (and  unattached 
thereto)  within  the  distance  of  thirteen  inches  from  the  center  line  of  said  pole,  any 
wire  or  cable  used  to  conduct  or  carry  electricity,  or  place,  erect  or  maintain  any  pole 
(to  which  is  attached  any  wire  or  cable  used  to  conduct  or  carry  electricty)  within  the 
distance  of  thirteen  inches  (measured  from  the  center  of  such  pole)  from  an}'  wire  or 
cable  used  to  conduct  or  carry  electricty;  provided,  that  as  between  any  wire  or  cable 
and  any  pole,  as  in  the  paragraph  (b)  named,  only  the  wire,  cable  or  pole  last  in  point 
of  time  run,  placed  or  erected,  shall  be  held  to  be  run,  placed,  erected  or  maintained  in 
violation  of  the  provisions  of  this  paragraph;  and  provided,  further,  that  the  provisions 
of  this  paragraph  (b)  shall  not  be  held  to  apply  to  telephone,  telegraph  or  other 
"signal"  wires  or  cables  on  poles  to  which  are  attached  no  other  wires,  as  between 


CS3  ELECTRICITY.  Act  1350,  §  1 

such  wires  and  poles  to  which  are  attached  no  other  wires  or  cables  than  telephone, 
telegraph  or  other  "signal  wires;  provided,  such  wires,  cables  and  poles  are  not  within 
the  corporate  limits  of  any  town  or  city  which  shall  have  been  incorporated  as  a  munici- 
pality; and  further  provided,  that  telephone  toll  lines  may  be  exempt  from  this  para- 
graph (b)  provided  proper  evidence  introduced  before  the  railroad  commission  of  the 
state  of  California,  proves  to  the  satisfaction  of  the  said  railroad  commission,  that 
compliance  with  the  provisions  of  this  paragraph  (b)  would  seriousW  interfere  with 
long  distance  telephone  transmission. 

Wires  carrying  more  than  600  volts.    Last  wire  run  violates.    Railroad  commission 
may  permit  deviations. 

(c)  Run,  place,  erect  or  maintain,  above  ground,  within  the  distance  of  four  feet 
from  any  wire  or  cable  conducting  or  carrying  less  than  six  hundred  volts  of  electricity, 
any  wire  or  cable  which  shall  conduct  or  carry  at  any  one  time  more  than  six  hundred 
volts  of  electricity,  or  run,  place,  erect  or  maintain  within  the  distance  of  four  feet 
from  any  wire  or  cable  which  shall  conduct  or  carry  at  any  one  time  more  than  six 
hundred  volts  of  electricity  any  wire  or  cable  conducting  or  carrying  less  than  six 
hundred  volts  of  electricity ;  provided,  that  the  foregoing  provisions  of  this  paragraph 
(e)  shall  be  held  not  to  apply  to  any  wires  or  cables  attached  to  a  transformer,  arc  or 
incandescent  lamp  within  a  distance  of  four  feet  (measured  along  the  line  of  said  wire 
or  cable),  from  the  point  where  such  wire  or  cable  is  attached  to  such  transformer,  arc 
or  incandescent  lamp,  nor  to  wires  or  cables  within  buildings  or  other  structures,  nor 
to  wires  or  cables  where  the  same  are  placed  vertically  on  poles,  or  to  any  "lead"' 
wires  or  cables  between  the  points  where  the  same  are  made  to  leave  any  pole  for  the 
pur^^ose  of  entering  any  building  or  other  structure  and  the  point  at  Avhich  they  are 
made  to  enter  such  building  or  structure;  and  provided,  further,  that  as  between  any 
two  wires  or  cables,  or  any  wire  or  any  cable,  run,  placed,  erected  or  maintained  in 
violation  of  the  provisions  of  this  paragraph  (c),  only  the  wire  or  cable  last  in  point 
of  time  run,  placed  or  erected  shall  be  held  to  be  run,  placed,  erected  or  maintained 
thus  in  violation  of  said  provisions;  and  further  provided,  that  where  no  more  than 
one  crossarm  is  maintained  on  a  pole,  all  the  wires  or  cables  conducting  or  carrying 
at  any  one  time  more  than  six  hundred  volts  of  electricity  shall  be  placed  on  the  cross- 
arm  on  one  side  of  the  pole,  and  all  the  wires  or  cables  conducting  or  carrying  less 
than  six  hundred  volts  of  electricity  shall  be  placed  on  the  crossarm  on  the  other  side 
of  the  pole;  and  further  provided,  that  the  space  between  any  wire  or  cable  conducting 
or  carrying  at  any  one  time  more  than  six  hundred  volts  of  electricity  and  any  wire 
or  cable  carrying  less  than  said  voltage  shall  be  at  least  thirty-six  inches  clear  meas- 
urement in  a  horizontal  line.  Where  the  foregoing  provisions  of  this  paragraph  (c) 
can  not  be  complied  with,  the  railroad  commission  of  the  state  of  California  may  grant 
permission  for  the  following  form  of  construction;  where  two  or  more  systems  for  the 
dip,tribution  of  electric  light  or  power  occupy  the  same  poles  with  wires  or  cables,  all 
wires  or  cables  conducting  or  carrying  at  any  one  time  more  than  six  hundred  volts 
of  electricity  may  be  placed  on  the  crossarms  on  one  side  of  the  pole,  and  all  wires  or 
cables  conducting  or  carrying  less  than  said  voltage,  shall  in  such  case,  be  placed  on 
the  crossarms  on  the  other  side  of  the  pole;  and  further  provided,  that  the  space 
between  any  wire  or  cable  conducting  or  candying  at  any  one  time  more  than  six  hun- 
dred volts  of  electricity  and  any  wire  or  cable  conducting  or  carrying  less  than  said 
voltage  shall  be  at  least  thirty-six  inches  in  measurement  in  a  horizontal  line;  and 
further  provided,  that  in  such  construction  all  crossarms  shall  be  at  least  thirty-six 
inches  apart  in  a  vertical  line. 

Crossarms  to  be  painted  yellow. 

(d)  Run,  place,  erect  or  maintain  any  wire  or  cable  which  shall  conduct  or  carry  at 
any  one  time  more  than  six  hundred  volts  of  electricitj',  without  causing  each  crossarm, 


Act  1350,  §  1  GENERAL.  I<AWS.  C84 

or  such  other  appliance  as  may  be  used  in  lieu  thereof,  to  which  such  wire  or  cable  is 
attached  to  be  kept  at  all  times  painted  a  bright  yellow  color,  or,  on  such  crossarm,  or 
other  appliance  used  in  lieu  thereof,  shall  be  placed  signs, 'providing,  in  white  letters 
on  a  green  background,  not  less  than  three  (3)  inches  in  height  the  words  "high 
voltage"  on  the  face  and  back  of  each  crossarm.  The  provisions  of  this  paragi'aph  (d) 
shall  not  be  held  to  apply  to  crossarms  to  which  are  attached  wires  or  cables  carrying 
or  conducting  more  than  ten  thousand  volts  of  electricity,  and  which  are  situated  out- 
side the  corporate  limits  of  any  town  or  city  which  shall  have  been  incorporated  as 
a  municipality. 

Guy  wires  to  be  insulated. 

(e)  Run,  place,  erect  or  maintain  any  *'guy"  wire  or  "guy"  cable  attached  to  any 
pole  or  appliance  to  which  is  attached  any  wire  or  cable  used  to  conduct  or  carry  elec- 
tricity, without  causing  said  "guy"  wire  or  "guy"  cable  to  be  effectively  insulated  at 
all  times  at  a  distance  of  not  less  than  four  (4)  feet  nor  more  than  eight  (8)  feet 
(measured  along  the  line  of  said  wire  or  cable)  from  the  upper  end  thereof,  and  at  a 

point  not  less  than  eight  (8)  feet  vertically  above  the  ground  from  the  lower  end 
thereof;  and  further  provided,  that  wherever  two  or  more  "guy"  wires  or  "guy" 
cables  are  attached  to  the  same  pole  and  same  anchorage  pole  there  shall  be  at  least 
one  foot,  vertical  space,  between  the  points  of  attachment;  and  further  provided,  that 
"no  insulation  shall  be  required  at  the  lower  end  of  a  "guy"  wire  or  "guy"  cable  where 
same  is  attached  to  a  grounded  anchor;  and  further  provided,  that  where  "guy"  wires 
or  "guy"  cables  are  attached  to  a  pole  or  structure  of  steel  or  other  conducting 
material  supporting  wires  or  cables  carrying  in  excess  of  fifteen  thousand  volts  where 
pole  or  structure  is  thoroughly  grounded  no  insulation  shall  be  required  at  any  point 
in  said  "guy"  wire  or  "guy"  cable;  none  of  the  provisions  of  this  paragraph  (e) 
shall  be  held  to  apply  to  "guy"  wires  or  "guy"  cables  attached  to  poles  carrying 
no  wire  or  cable  other  than  telephone,  telegraph  or  other  "signal"  wire  or  cable,  and 
which  are  situated  outside  the  corporate  limits  of  any  town  or  city  which  shall  have 
been  incorporated  as  a  municipality. 

Wires  to  be  insulated. 

(f)  Run,  place,  erect  or  maintain  vertically  on  any  pole  any  wire  or  cable  used  to 
conduct  or  carry  electricity,  without  causing  such  wire  or  cable  to  be  at  all  times 
wholly  incased  in  a  casing  equal  in  durability  and  insulating  efficiency  to  a  wooden 
casing  not  less  than  one  and  one-half  inches  thick.  The  provisions  of  this  paragraph 
(f)  shall  not  be  held  to  apply  to  vertical  telephone,  telegraph  or  other  "signal"  wires 
or  cables  on  poles  where  no  other  such  wires  or  cables  are  maintained,  and  which  are 
outside  the  corporate  limits  of  any  town  or  city  which  shall  have  been  incorporated  as 
a  municijDality ;  nor  to  wires  or  cables  run  vertically  on  iron  poles  or  structures  where 
both  pole  or  structure  and  conduit  are  securely  grounded. 

Transformers  and  arc  lamps  not  to  be  carried  on  one  pole. 

(g)  Place,  erect  or  maintain  on  any  pole,  or  any  crossarm  or  other  appliance  on  said 
pole,  which  carries  or  upon  which  is  placed  an  electric  arc  lamp,  any  transformer  for 
transforming  electric  currents;  provided,  however,  that  this  section  (g)  shall  not  apply 
if  any  arc  lamp  that  shall  be  suspended  so  that  it  can  be  trimmed  from  the  ground  or 
from  a  stand  located  on  the  pole  not  less  than  seven  feet  below  the  transformer;  and 
further  provided,  that  in  so  suspending  an  arc  lamp  (where  transformer  is  located  on 
same  pole)  no  wire  or  cable  in  connection  therewith  shall  be  run  vertically  on  the  pole 
unless  said  wire  or  cable  be  protected  as  provided  for  in  paragraph  (f )  of  this  section  1. 

Crossing  of  high  voltage  wires. 

(h)  Run,  place,  erect  or  maintain  any  wire  or  cable  carrying  moi-e  than  fifteen 
thousand  volts  of  electricity  across  any  wire  or  cable  carrying  less  than  said  voltage 


CS5  ELECTRICITY.  Act  1350,  §§  2,  3 

or  across  any  public  highway,  except  on  pole  of  such  height  and  so  placed  at  each 
crossing  that  under  no  circumstances  can  said  wire  or  cable  of  said  voltage  higher  than 
fifteen  thousand  volts  in  case  of  breakage  thereof  or  otherwise,  come  in  contact  with 
any  wire  or  cable  of  less  than  said  voltage,  or  fall  within  a  distance  of  ten  (10)  feet 
from  the  surface  of  any  public  highway;  or  in  lieu  thereof  double  strength  construc- 
tion may  be  installed,  in  which  case  the  wires  carrying  a  voltage  higher  than  fifteen 
thousand  volts  shall,  between  the  points  of  crossing,  be  of  a  cross-section  area  equal 
to  at  least  twice  that  used  in  the  line  outside  of  such  crossing,  except  where  the  con- 
ductor used  is  equal  to  number  four  (4)  stranded  Brown  and  Sharpe  gauge  or  greater, 
in  which  case  the  wires  or  cables  will  be  considered  as  complying  with  the  law. 

Attaclunent  of  suspension  wires. 

(\)  Run,  place,  erect  or  maintain  any  suspension  wire  to  which  is  attached  any 
"aerial"  cable  of  "75  pair  number  nineteen  Brown  and  Sharpe  gauge"  or  over,  or 
of  "100  pair  number  twenty-two  Brown  and  Sharpe  gauge"  or  over  suspended  from 
a  erossarm  (or  from  any  other  structure  or  appliance  from  which  said  suspension  wire 
is  hung),  bj'^  a  single  bolt  and  clamp  without  at  the  same  time  attaching  said  suspension 
wire  to  said  crossarms,  structure  or  appliance  by  an  additional  "safety"  bolt  and 
clamp  (or  other  "safety"  appliance  for  thus  attaching  said  suspension  wire)  of 
tensile  strength  equal  to  the  first  herein  said  bolt  and  clamp.  [Amendment  of  June  5, 
1915.    In  effect  August  8,  1915.    Stats.  1915,  p.  1058.] 

Preceding  not  applicable  to  direct  current  wires,  etc. 

§  2.  None  of  the  provisions  of  the  preceding  section  shall  be  held  to  apply  to 
"direct  current"  electric  wires  or  cables  having  the  same  polarity,  nor  to  "signal" 
wires  when  no  more  than  two  (2)  of  such  "signal"  wires  are  attached  to  any  one  pole, 
provided,  that  none  of  such  "direct  current"  or  "signal"  wires  shall  in  any  case  be 
run,  placed,  erected  or  maintained  within  the  distance  or  [of]  thirteen  (13)  inches  from 
the  center  line  of  any  pole  (other  than  the  pole  or  poles  on  which  said  wires  or 
cables  are  carried)  carrying  electric  wires  or  cables;  and  provided,  further,  that  as 
between  any  two  wires,  or  cables,  or  any  wire  or  cable  run,  placed,  erected  or  main- 
tained in  violation  of  the  provisions  of  this  section  2  only  the  wire  or  cable  last  in 
point  of  time  run,  placed,  erected  or  maintained  shall  be  held  to  be  run,  placed, 
erected  or  maintained  thus  in  violation  of  said  provisions. 

Insulation  of  span  wires. 

§  3.  No  commission,  officer,  agent  or  employee  of  the  state  of  California,  or  of  any 
city  and  county  or  city  or  county  or  other  political  subdivision  thereof,  and  no  other 
person,  firm  or  cori^oration  shall  run,  place,  erect  or  maintain  any  "span"  wire 
attached  to  any  wire  or  cable  used  to  conduct  or  carry  electricity,  without  causing 
said  "span"  wire  to  be  at  all  times  effectively  insulated  between  the  outer  point  at 
which  it  is  in  any  case  fastened  to  the  pole  or  other  structure  by  which  it  is  hung  or 
supported,  and  at  the  point  at  which  it  is  in  any  case  thus  attached;  provided,  that 
such  insulation  shall  not  in  any  ease  be  placed  less  than  two  (2)  feet  or  more  than 
four  (4)  feet  from  said  point  at  which  said  "span"  wire  is  so  attached,  and  that  when 
■"'i  any  case  such  "span"  wire  is  attached  along  its  length  to  any  two  (2)  such  wires 
or  cables,  conducting  or  carrying  electricity  and  extending  parallel  to  each  other,  not 
aiore  than  eighteen  (18)  feet  apart,  such  insulation  shall  not  be  required  therein  at 
any  point  between  such  parallel  wires  or  cables;  none  of  the  provisions  of  this  section 
three  (3)  shall  be  held  to  apply  where  "feeder"  wires  are  used  in  place  of  "span" 
^ires.    [Amendment  of  June  5,  1915.    In  effect  August  8,  1915.    Stats.  1915,  p.  1062.] 


k 


Act  1351 


GCN'ERAL   LAWS. 


•8U 


Penalty  for  violation. 

$  4.  Any  violation  of  any  provision  of  this  act  shall  be  deemed  to  be  a  misdemeanor, 
and  shall  be  punishable  upon  conviction  by  a  fine  of  not  exceeding  five  hundred 
dollars  ($500)  or  by  imprisonment  in  a  county  jail  not  exceeding  six  (6)  months  or  by 
both  such  fine  and  imprisonment. 

$  5.  All  acts  or  parts  of  acts  which  are  in  conflict  with  the,  or  with  any  of  the 
provisions  of  this,  act  are  hereby  repealed. 

^  6.  This  act  shall  take  effect  six  months  from  the  date  of  its  passage  in  so  far  as  it 
relates  to  new  work,  and  a  period  of  five  years  shall  be  allowed  in  which  to  recon- 
struct all  existing  work  and  construction  to  comply  with  the  provisions  of  this  act. 

Extension  of  time. 

$  7.  Any  commission,  officer,  agent  or  employee  of  the  state  of  California  or  any 
city  and  county,  or  city  or  county,  or  other  political  subdivision  thereof,  or  any  other 
person,  firm  or  corporation  may  upon  proper  application  to  the  railroad  commission  of 
the  state  of  California  be  granted  by  said  railroad  commission  an  extension  of  time 
beyond  that  provided  for  in  section  6  of  this  act;  provided,  it  is  shown  to  the  satis- 
faction of  said  commission  that  the  provisions  of  this  act  can  not  be  complied  with  by 
said  applicant  within  said  time,  or  that  the  applicant  for  good  and  sufficient  reasons  has 
not  been  able  to  comply  with  the  provisions  of  this  act,  and  that  such  applicant  has 
heretofore  used  due  diligence  so  to  do  within  the  time  specified  in  said  section  6.  [New 
section  added  June  5,  1915.    In  effect  August  8,  1915.    Stats.  1915,  p.  1062.] 

Power  to  grant  additional  time. 

§  8,  The  railroad  commission  of  the  state  of  California  is  hereby  vested  with  author- 
ity and  power,  at  its  discretion  to  grant  such  additional  time  and  is  hereby  instructed 
to  inspect  all  work  which  is  included  in  the  provisions  of  this  act,  and  to  make  such 
further  additions  or  changes  as  said  commission  may  deem  necessary  for  the  purpose 
of  safety  to  employees  and  the  general  public,  and  the  said  railroad  commission  is 
hereby  charged  with  the  duty  of  seeing  that  all  the  provisions  of  this  act  are  properly 
enforced.  [New  section  added  June  5,  1915.  In  effect  August  8,  1915.  Stats.  1915, 
p.  1063.] 


.Jurisdiction  of  industrial  accident  com- 
mlHsion  over  the  safety  of  employees  of 
electric  Interurban  or  street  railroads,  un- 
der Act  2a01a  does  not  repeal  or  modify 
this  act.     See  I  4,  Act  2101a. 

1.  Constitutionality. — The  act  is  not  un- 
constitutional as  class  legislation. — Blox- 
ham  V.  Tehama,  etc.,  Tel.  Co.,  29  Cal.  App. 
326.   155   Pac.   654. 

2.  Purpose  ot  act. — It  was  not  the  inten- 
tion of  the  legislature  that  the  act  should 
apply  only  to  future  construction,  nor  that 
reconstruction  to  comply  with  the  act 
should  be  deferred  until  reconstruction 
should  become  necessary  through  deprecia- 
tion, obsolescence,  commercial  needs  or 
other  reasons. — In   re  Los  Angeles   G.   &   E. 


Corporation,    et   al.,    11    California   R.    C.    D. 
291. 

3.  Act  a  safety  measure. — The  act  should 
be  enforced  as  a  safety  measure,  and  pub- 
lic utilities  affected  will  be  required  to 
exercise  all  reasonable  diligence  in  comply- 
ing with  the  act. — In  re  Los  Angeles  G.  &  E. 
Corporation,  et  al.,  11  California  R.  C.  D. 
291. 

4.  Extensions  of  time  to  comply  with 
act. — Under  sections  7  and  8,  the  railroad 
extended  the  time  to  comply  with  the  pro- 
visions of  the  act  in  a  large  number  of  in- 
stances.— See  9  California  R.  C.  D.  542,  628: 
10  Id.  59;  11  Id.  266-363,  409-443,  553.  718, 
735,  802;  12  Id.  68,  108,  347,  627;  13  Id.  341, 
347,   369-371;   14   Id.   76,  374.  455. 


REGULATING  SUBWAYS,  MANHOLES,  ETC. 
ACT  1351 — An  act  to  regulate  the  construction  and  maintenance  of  subways,  manholes, 
and  underground  rooms,  chambers,  and  excavations,  used  to  contain,  encase,  cover, 
or  conduct  wires,  cables,  or  appliances  to  conduct,  carry,  or  handle  electricity,  and 
providing  the  punishment  for  the  violation  thereof. 

History:     Approved   April   22,   1911,   Stats.   1911,   p.   1042.     Amended 
May  22,  1917.    In  effect  July  27,  1917.    Stats.  1917,  p.  801. 


eS7  ELECTRICITY.  Act  1351,  §  1 

Dimensions  of  electric  wire  subways. 

$  1.  No  commission,  officer,  agent,  or  employee  of  the  state  of  California  or  of  any 
city  and  county  or  city  or  county  or  other  political  subdivision  thereof,  and  no  other 
person,  firm  or  corporation,  shall  build  or  rebuild  or  cause  to  be  built  or  rebuilt  within 
the  state  of  California: 

(a)  Any  subway,  manhole,  chamber,  or  underground  room  used  or  to  be  used  to  con- 
tain, encase,  cover  or  conduct  any  wire,  cable,  or  appliance,  to  conduct,  carry  or  handle 
electricity,  unless  such  subway,  manhole,  chamber  or  underground  room  shall  have  an 
inside  measurement  of  not  less  than  four  feet  of  the  maximum  points  between  the  side 
walls  thereof,  and  between  the  end  walls  thereof,  and  not  less  than  five  feet  at  all 
points  between  the  floor  thereof,  and  the  top  or  ceiling  thereof,  or  if  circular  in  shape, 
at  least  four  feet  diameter  inside  measurement,  and  not  less  than  five  feet  at  all  points 
between  the  floor  and  ceiling  thereof;  provided,  however,  that  this  paragraph  shall  not 
be  held  to  apply  to  any  such  subway,  manhole,  chamber  or  underground  room,  within 
which  it  is  not  intended  or  required  that  any  human  being  perform  work  or  labor  or  be 
employed;  further  provided,  that  the  provisions  of  this  paragraph  (a)  shall  not  be 
held  to  apply  where  satisfactory  proof  shall  be  submitted  to  the  railroad  commission 
of  the  state  of  California,  that  it  is  impracticable  or  physically  impossible  to  comply 
with  this  law  within  the  space  or  location  so  designated  by  the  proper  municipal 
authorities. 

Openings  to  outer  air. 

(b)  In  any  subway,  manhole,  chamber  or  underground  room,  used  or  to  be  used  to 
contain,  encase,  cover  or  conduct  any  wire,  cable  or  appliance  to  conduct,  carry  or 
handle  electricity,  any  opening  to  outer  air  which  is  less  than  twenty-six  inches  if 
circular  in  shape,  or  less  than  twenty-four  inches  by  twenty-six  inches  clear  measure- 
ment if  rectangular  in  shape. 

Openings  to  be  not  less  than  three  feet  from  street  car  track. 

(c)  In  any  subway,  manhole,  chamber  or  underground  room,  used  or  to  be  used  to 
contain,  encase,  cover  or  conduct  any  wire,  cable  or  appliance  to  conduct,  carry  or 
handle  electricity,  any  opening  which  is  at  the  surface  of  the  ground,  within  the  dis- 
tance of  three  feet  at  any  point  from  the  rail  of  any  railway  or  street  car  track;  pro- 
vided, that  the  provisions  of  this  paragraph  (c)  shall  not  be  held  to  apply  where 
satisfactory  proof  shall  be  submitted  to  the  railroad  commission  of  the  state  of  Cali- 
fornia, that  it  is  impracticable  or  physically  impossible  to  comply  with  this  law  in  the 
space  or  location  so  designated  by  the  proper  municipal  authorities. 

Floor  of  subway  to  be  of  concrete,  etc. 

(d)  Any  subway,  manhole,  chamber  or  underground  room,  used  or  to  be  used  to 
contain,  encase,  cover  or  conduct  any  wire,  cable,  or  appliance  to  conduct,  carry,  or 
handle  electricity,  unless  the  floor  of  such  subway,  manhole,  chamber  or  underground 
room  is  made  of  stone,  concrete,  brick  or  other  similar  material  not  subject  to  decom- 
position; provided,  that  this  paragraph  (d)  shall  not  be  held  to  apply  to  any  such 
subway,  manhole,  chamber  or  underground  room  within  which  it  is  not  intended  or 
required  that  any  human  being  perform  work  or  labor  or  be  employed. 

Subways  to  be  kept  free  from  seepage. 

(e)  Or  maintain  any  subway,  manhole,  chamber  or  underground  room  used,  or  to  be 
used,  to  contain,  encase,  cover  or  conduct  any  wire,  cable  or  appliance  to  conduct,  carry 
or  handle  electricity,  unless  such  subway,  manhole,  chamber  or  undergi-ound  room  is 
kept  at  all  times  in  a  sanitary  condition,  and  free  from  stagnant  water,  or  seepage,  or 
other  drainage,  or  any  offensive  matter  dangerous  to  health,  either  by  sewer  connection 
or  otherwise;  provided,  that  this  paragraph  (e)  shall  not  be  held  to  apply  to  any  such 


Act  1352,  §§  1,  2 


GENERAL   LAMS. 


688 


subway,  manhole,  chamber  or  underground  room,  within  which  it  is  not  intended  or 
required  that  any  human  being  perform  work  or  labor,  or  be  emplo^'ed.  [Amendment 
of  May  22,  1917.    In  effect  July  27,  1917.    Stats.  1917,  p.  801.] 

Penalty  for  violation. 

$  2.  Any  violation  of  any  provision  of  this  act  shall  be  deemed  a  misdemeanor,  and 
shall  be  punishable  upon  conviction  by  a  fine  not  exceeding  five  hundred  dollars,  or  by 
imprisonment  in  a  county  jail  not  exceeding  six  months,  or  by  both  such  fine  and 
imprisonment.  [Amendment  of  May  22,  1917.  In  effect  July  27,  1917.  Stats.  1917, 
p.  802.] 

^  3,  None  of  the  provisions  of  subdivisions  a,  b,  c,  and  d,  of  section  1  of  this  act 
shall  be  so  construed  as  to  be  retroactive  or  apply  to  works  already  constructed,  and 
all  acts  or  parts  of  acts  which  are  in  conflict  with  this  act,  are  hereby  repealed. 

$  4.     This  act  shall  take  effect  and  be  in  force  from  and  after  the  date  of  passage. 

Power  of  railroad  commission. 

§  5.  The  railroad  commission  of  the  state  of  California  is  hereby  vested  with  author- 
ity and  power  to  inspect  all  work  which  is  included  in  the  provisions  of  this  act,  and  to 
make  such  further  additions  or  changes  as  said  commission  may  deem  necessary  for 
the  purpose  of  safety  to  employees  and  the  general  public,  and  the  said  railroad  com- 
mission is  hereby  charged  with  the  duty  of  seeing  that  all  the  provisions  of  this  act  are 
properly  enforced.  [New  section  added  May  22,  1917.  In  effect  July  27,  1917.  Stats. 
1917,  p.  802.] 

JOINT  MUNICIPAL  PUBLIC  UTILITIES. 
ACT  1352 — An  act  authorizing  municipal  corporations  to  permit  other  municipal  cor- 
porations and  counties  to  construct  and  maintain  sewers,  water  mains  and  other 
conduits,  and  pole  Lines  for  the  transmission  of  electricity  and  electric  energy  in, 
through,  over,  along  and  across  its  streets  and  public  places,  and  to  construct  and 
maintain  sewers,  water  mains  and  other  conduits  and  pole  lines  for  the  transmission 
of  electricity  and  electric  energy  for  their  joint  benefit  and  at  their  joint  expense, 
through,  over,  along  and  across  such  streets  and  public  places,  and  to  make  and  enter 
into  contracts  for  such  purposes,  prescribing  a  method  for  compelling  such  use  of  such 
streets  and  public  places. 

History:    Approved  June  5,  1915.    In  effect  August  8,  1915.     Stats. 
1915,  p.  1195. 

One  city  may  permit  another  to  construct  sewers,  etc. 

§  1.  Any  municipal  corporation,  under  such  terms  and  conditions  as  may  be  pre- 
scribed by  the  city  council  or  other  legislative  body  thereof  is  hereby  authorized  and 
empowered  to  permit  any  other  municipal  corporation  or  county  to  construct  and  main- 
tain sewers,  water  mains  or  other  conduits  and  pole  lines  for  the  transmission  of 
electricity  and  electric  energy  in,  through,  over,  along  or  across  the  streets  and  other 
public  places  of  such  municipal  corporation,  and  to  use  the  same  for  such  purpose  under 
the  provisions  of  this  act,  and  not  otherwise. 

Resolution   submitted.     Description  of  sewers,   etc.    Request   for  permission.    Right 

to  connect  sewers. 

^  2.  Whenever  a  city  council,  board  of  trustees  or  other  legislative  body  of  any 
municipal  corporation  or  board  of  supervisors  of  any  county  shall  find,  and  by  resolu- 
tion shall  declare,  that  the  location  of  such  municipal  corporation  or  county  or  any 
portion  of  the  territory  included  therein  is  such  that  the  same  can  not  be  adequately 
or  conveniently  provided  with  sewers,  water  mains  or  other  conduits  or  with  elec- 
tricity or  electric  energj',  without  the  construction  and  maintenance  by  such  municipal 


689  ELECTRICITY.  Act  1 352,  §  3 

corporation  or  county,  of  certain  sewers,  water  mains  or  other  conduits  or  with  pole 
lines  for  the  transmission  of  electricity  and  electric  energy,  connecting  therewith,  in, 
over,  across  or  along  said  streets  or  other  public  places  of  anj'  other  municipal  cor- 
poration or  corporations,  such  city  council,  board  of  trustees,  board  of  supervisors  or 
other  legislative  body  may  cause  a  copy  of  such  resolution,  certified  by  the  clerk 
thereof  to  be  submitted  to  the  city  council,  board  of  trustees  or  other  legislative  body 
of  such  other  municipal  corporation  or  corporations  in  which  such  streets  or  other 
public  places  are  situated.  Said  i-esolutions  shall  contain  a  description  of  the  sewers, 
water  mains  or  other  conduits  or  pole  lines  for  the  transmission  of  electricity  or  electric 
energy  proposed  to  be  constructed  and  maintained  in  such  other  municipal  corpora- 
tion or  corporations,  and  shall  designate  the  streets  or  other  public  places  by  name  or 
other  proper  designation,  in,  through,  over,  along  or  across  which  such  sewers,  water 
mains  or  other  conduits  or  pole  lines  for  the  transmission  of  electricity  or  electric 
energy  are  so  proposed  to  be  constructed  and  maintained.  Said  resolution  shall  contain 
a  description  of  the  sewers,  water  mains  or  other  conduits,  or  pole  lines  for  the  trans- 
mission of  electricity  or  electric  energy  proposed  to  be  constructed,  and  maintained  in 
such  other  municipal  corporation  or  corporations  and  shall  designate  the  streets  or 
other  public  places  by  name  or  other  projoer  designation,  in,  through,  over,  along  or 
across  which  such  sewers,  water  mains,  conduits  or  pole  lines  are  proposed  to  be  con- 
structed and  maintained.  Said  resolution  shall  be  accompanied  by  a  request  in  writing, 
that  the  municipal  corporation  or  sanitary  district,  on  behalf  of  which  the  same  was 
made,  signed  by  the  clerk  thereof,  be  granted  permission  to  construct  and  maintain 
the  sewers,  water  mains  or  other  conduits  or  pole  lines  for  the  transmission  of  elec- 
tricity or  electric  energy,  described  in  said  resolution.  The  city  council  or  board  of 
trustees  or  other  legislative  body  of  any  municipal  corporation  receiving  such  request 
and  a  certified  copy  of  such  resolution,  may  by  ordinance,  grant  such  permission  and 
under  such  terms  and  conditions  as  it  shall  therein  prescribe.  If  the  permission 
granted  under  the  provisions  of  this  section  shall  be  for  the  construction  and  mainte- 
nance of  sewers,  the  city  council,  board  of  trustees  or  other  legislative  body  of  any 
municipal  corporation  granting  the  same,  may,  as  a  condition  to  the  exercise  of  such 
permission,  require  that  said  municipal  corporation  shall  have  the  right  to  connect  its 
sewers  and  those  of  its  inhabitants  with  the  sewers  to  be  constructed  under  such  per- 
mission, and  to  use  the  same  in  connection  with  its  sewer  sj'stem  upon  the  payment  by 
it  of  such  proportionate  part  of  the  cost  of  construction  and  maintenance  of  such 
sewers  to  the  municipal  corporation  or  county  by  which  the  same  shall  be  constructed 
as  may  be  determined  by  resolution  of  its  city  council,  board  of  trustees  or  other 
governing  body,  or  board  of  supervisors,  or  both  such  municipal  corporations  or  such 
corporation  and  county  as  the  case  may  be,  such  payments  to  be  made  at  such  times 
and  in  such  amounts  as  may  be  determined. 

Letting  of  contracts.     Contractor's  bonds.    Cities  may  construct. 

$  3.  All  contracts  for  the  construction  or  completion  of  any  sewers,  water  maiiu 
or  other  conduits  or  for  such  pole  lines  for  the  transmission  of  electricity  or  electric 
energy  or  for  furnishing  labor  or  materials  therefor,  to  be  constructed  by  any  munici- 
pal corporation  or  county,  in,  across  or  along  the  streets  or  other  public  places  of  any 
other  municipal  corporation  or  corporations  as  herein  provided,  shall  be  let  to  the 
lowest  responsible  bidder.  The  city  council,  board  of  trustees,  or  board  of  supervisors 
or  other  legislative  body  of  the  municipal  corporation  or  county  constructing  such 
sewers,  water  mains  or  other  conduits  or  such  pole  lines  for  the  transmission  of  elec- 
tricity or  electric  energy  under  permission  granted  as  in  this  act  provided,  shall  adver- 
tise for  at  least  ten  days  in  one  or  more  newspapers  published  in  such  municipal  cor- 
poration or  county  (or  in  one  or  more  newspapers  published  in  the  county  in  which 
said  municipal  corporation  is  situated,  if   there  be  no  newspaper  published  in  such 

(Jen.  Laws — 44 


Act  1352,  e  4  GENERAL,   t,A\VS.  630 

municipal  corporation)  inviting  sealed  proposals  for  furnishing  the  labor  and  materials 
for  the  proposed  work,  before  any  contract  shall  be  made  therefor.  The  said  city 
council,  board  of  trustees  or  board  of  supervisors  or  other  legislative  body  of  such 
city  or  county  shall  require  such  bonds  as  it  may  deem  best  from  the  successful  bidder 
to  insure  the  faithful  performance  of  the  contract  work,  and  shall  also  have  the  right 
to  reject  any  and  all  bids;  provided,  however,  that  nothing  herein  contained  shall  be 
construed  as  prohibiting  such  municipal  corporation  or  county  from  itself  constructing 
or  completing  such  works  and  employing  the  labor  necessary  therefor  without  such 
advertisement  for  proposals  or  letting  of  a  contract ;  and  provided,  further,  that  in  any 
municipal  corporation  operating  under  a  freeholder's  charter  heretofore  or  hereafter 
framed  under  section  8  of  article  eleven  of  the  constitution,  and  providing  for  a  board 
of  public  works,  all  the  matters  and  things  required  in  this  section  to  be  done  and  per- 
formed by  the  city  council,  board  of  trustees  or  other  legislative  body  of  such  munici- 
pal corporation,  shall  be  done  and  performed  by  the  board  of  public  works  thereof;  and 
provided,  further,  that  in  case  such  charter  or  general  law  under  which  such  municipal 
corporation  is  operating  or  existing,  prescribing  the  manner  of  letting  and  entering 
into  contracts  for  the  furnishing  of  labor,  materials  and  supplies  for  the  construction 
or  completion  of  such  works  or  improvements,  the  contracts  for  such  sewers,  water 
mains  or  other  conduits  or  such  pole  lines  for  the  transmission  of  electricity  or  electric 
energy  shall  be  let  and  entered  into  in  conformity  with  such  charter  or  general  law. 

Joint  agreement  to  construct  sewers,  etc.    One  city  to  contract  for  all. 

§  4.  Whenever  the  councils,  boards  of  trustees  or  other  legislative  bodies  or  two 
or  more  municipal  corporations  or  one  or  more  municipal  corporations,  or  the  board  of 
supervisors  of  any  county  and  the  city  council,  board  of  trustees  or  other  legislative 
body  of  any  such  municipal  corporation,  shall  find  and,  by  resolution  adopted  by  them, 
shall  declare  that  it  will  be  for  the  interests  or  advantage  of  such  municipal  corpora- 
tions or  counties  so  to  do,  such  municipal  corporations  or  counties  by  their  respective 
city  councils,  boards  of  supervisors  or  other  legislative  bodies,  may  enter  into  a  joint 
agreement,  authorizing  the  construction  and  maintenance  of  sewers,  water  mains  or 
other  conduits  or  pole  lines  for  the  transmi;;3ion  of  electricity  or  electric  energy,  in, 
through,  over  or  along  the  streets  or  other  public  places  of  either  or  any  of  such  munici- 
pal corporation  or  counties  or  in  part  outside  of  the  limits  thereof,  at  the  joint  cost 
and  expense  and  for  the  joint  use  and  benefit  of  such  municipal  corporations  or 
counties  upon  such  terms  and  conditions  and  under  such  regulations  as  may  be 
approved  by  the  city  councils,  boards  of  supervisors  or  other  legislative  bodies  of  all 
such  municipal  corporations  or  counties;  and  the  city  council,  board  of  supervisors 
or  other  legislative  body  of  each  such  municipal  corporation  or  county  may  bind  or 
obligate  such  municipal  corporation  or  county  to  pay  such  proportionate  part  of  the 
cost  of  the  construction  and  maintenance  of  such  sewers,  water  mains  or  other  con- 
duits or  for  such  pole  lines  for  the  transmission  of  electricity  or  electric  energy  at 
such  times  and  in  such  installments  as  may  be  so  approved.  All  contracts  for  the 
construction  of  sewers,  water  mains  or  other  conduits,  or  pole  lines  for  the  transmis- 
sion of  electricity  or  electric  energy  under  the  provisions  of  this  section  shall  be  made 
and  entered  into  by  the  one  of  such  municipal  corporations  or  counties  designated 
by  the  city  council,  boards  of  supervisors  or  other  legislative  bodies  of  all  such  munici- 
pal corporations  or  counties,  and  in  the  manner  provided  by  section  3  of  this  act. 
Two  or  more  municipal  corporations,  one  or  more  municipal  corporations  and  one  or 
more  counties  may  also,  by  their  city  councils,  boards  of  supervisors,  or  other  legisla- 
tive bodies,  enter  into  an  agreement  or  agreements  with  each  other,  for  the  joint  use 
by  such  municipal  corporations  or  counties  of  any  sewers,  water  mains,  or  other  con- 
duits, or  pole  lines  for  the  transmission  of  electricity  or  electric  energy  theretofore, 
in  whole,  or  in  part,  constructed  in  the  streets  or  other  public  places  of  either  or  any 


601  ELECTRICITY.  Act  1352,  §9  5, 6 

such  municipal  corporations  or  counties,  upon  such  terms  and  conditions  as  they  may 
by  mutual  agreement  make  bj''  their  respective  city  councils,  boards  of  supervisors  or 
other  legislative  bodies  declare  to  be  proper. 

Complaint  to  railroad  commission  upon  refusal.     Hearing  of  application. 

$  5.  Whenever  any  municipal  corporation  shall  refuse  to  grant  to  another  municipal 
corporation  or  county,  the  right  to  construct  and  maintain  such  sewers,  water  mains, 
or  other  conduits,  or  pole  lines  for  the  transmission  of  electricity  or  electric  energy,  in, 
through,  over,  along  or  across  its  streets  or  other  public  places,  after  such  request  for 
such  use  has  been  made  to  the  city  council  or  other  governing  body  thereof,,  and  other 
proceedings  had  as  prescribed  by  section  2  of  this  act,  or  in  ease  the  terms  and  condi- 
tions prescribed  by  such  municipal  corporation  wherein  such  streets  or  other  public 
places  are  situated  shall,  by  resolution,  be  rejected  by  the  city  council  or  other  legis- 
lative body  of  the  municipal  corporation  or  county  which  has  caused  such  request  to 
have  been  made,  the  city  council,  or  board  of  supervisors  or  other  governing  body  of 
such  municipal  corporation  or  count}',  may  adopt  a  resolution  stating  that  such  terms 
and  conditions  are  rejected  by  such  municipal  corporation  or  county  and  the  municipal 
corporation  or  county  which  has  made  such  application  and  request  may  thereupon  and 
within  one  year  thereafter,  make  a  complaint  to  the  railroad  commission  of  the  state 
of  California,  setting  forth  copies  of  the  resolutions  of  the  several  city  councils,  boards 
of  supervisors  or  other  governing  bodies  of  said  several  municipal  corjiorations  or 
counties,  relative  to  such  application  and  its  refusal,  a  copy  of  the  resolution  adopted 
by  its  city  council,  board  of  supervisors  or  other  legislative  body,  rejecting  such  tenns 
and  conditions,  a  copy  of  such  request,  the  name  of  the  municipal  corporation  or  county 
which  has  made  such  application;  the  name  of  the  municipal  corporation  where  such 
streets  or  public  places  are  situated,  the  names  or  other  proper  designation  of  the 
streets  or  public  places  which  are  proposed  to  be  used  for  the  purposes  herein  pre- 
scribed, the  purpose  for  which,  and  the  manner  in  which  the  same  are  proposed  to  be 
used,  and  the  facts  showing  the  necessity  or  expediency  for  such  use.  Thereupon  said 
railroad  commission  shall  hear  such  application  and  if  it  appear  to  such  railroad  com- 
mission that  the  public  interest  or  convenience  require  that  such  streets  and  public 
places  should  be  used  for  the  purposes  set  forth  in  said  application  and  complaint, 
the  said  railroad  commission  shall  enter  its  judgment,  granting  to  said  municipal  cor- 
poration or  county  which  has  made  such  request  as  in  this  act  provided,  the  right  to 
use  such  streets  or  other  public  places  for  the  purposes  herein  set  forth  and  maj^  in 
such  judgment,  prescribe  the  terms  and  conditions  upon  which  such  municipal  corpora- 
tion or  county  making  such  application  may  use  such  streets  and  public  places  for 
the  purposes  herein  set  forth;  and  for  the  purposes  of  this  act,  all  such  sewers,  water 
mains  and  other  conduits  and  pole  lines  for  the  transmission  of  electricity  or  electric 
energy  are  declared  to  be  public  utilities.  The  failure  or  refusal  of  the  city  council, 
or  other  governing  body  of  such  municipal  corporation,  to  which  such  request  shall 
have  been  made,  to  refuse  to  grant  such  permission  or  to  prescribe  the  terms  and 
conditions  upon  which  the  same  may  be  granted,  for  the  period  of  three  months  from 
and  after  the  date  of  the  filing  of  such  request,  shall  be  deemed  a  refusal  to  grant  such 
request  within  the  meaning  of  this  act.  Except  as  otherwise  provided  in  this  act, 
such  proceedings  before  such  railroad  commission  shall  be  had  and  conducted  in 
accordance  with  the  provisions  of  act  of  the  legislature  of  the  state  of  California 
known  and  designated  as  the  public  utilities  act  approved  December  23,  1911,  and 
amendments  or  continuations  thereof. 

Sanitary  districts. 

§  G.  Sanitary  districts  organized  under  and  by  virtue  of  the  laws  of  the  state  of 
California  and  sanitary  districts  to  be  hereafter  organized  shall  be  deemed  municipal 


Act  1356,  8  1  GENERAL   LAWS.  «0J 

corporations  for  the  purposes  of  this  act;  provided,  that  the  sanitary  board  of  any  such 
sanitary  district  shall  be,  and  the  same  are,  for  the  purpose  of  carrying  out  the  pro- 
visions of  this  act,  hereby  vested  with  the  same  powers  in  relation  to  said  sanitary 
districts  as  are  herein  conferred  upon  city  councils,  boards  of  trustees  and  other  gov- 
erning bodies  of  such  municipal  corporations;  provided,  further,  that  wherever,  by  the 
provisions  of  this  act,  the  adoption  of  an  ordinance  is  prescribed  b}'  any  municipal 
corporation,  the  adoption  of  a  resolution  by  said  sanitary  board  shall  have  the  same 
force  and  effect  as  an  ordinance  adopted  by  any  such  city  council,  board  of  trustees,  or 
other  legislative  body  of  a  municipal  corporation. 

Determination  of  controversies. 

$  7.  Should  any  controversy  arise  between  any  two  or  more  municipal  corporations, 
or  between  any  county  or  counties  and  municipal  corporation  or  corporations,  after 
such  permission  shall  have  been  granted  by  any  such  municipal  corporation,  or  by  the 
railroad  commission  of  the  state  of  California,  respecting  the  construction,  operation, 
maintenance  or  control  of  any  such  sewers,  water  mains  or  other  conduits  or  pole  lines 
for  the  transmission  of  electricity  or  electric  energy,  through,  over,  along  or  across 
any  such  street  or  public  place,  either  such  municipal  corporation  or  said  county  may 
file  a  petition  with  the  railroad  commission  of  the  state  of  California  setting  forth  the 
nature  of  such  grievance  and  such  railroad  commission  shall  hear  and  determine  such 
complaint  in  the  manner  and  form  prescribed  by  said  public  utilities  act  and  amend- 
ments or  continuations  thereof. 

Judgment  of  railroad  commission  conclusive. 

§  8.  All  powers  and  duties  conferred  upon  the  railroad  commission  of  the  state  of 
California  by  the  provisions  of  this  act  are  hereby  declared  to  be  exclusive,  and  the 
judgment  of  said  railroad  commission  shall  be  binding  and  conclusive  upon  all  parties 
to  any  such  proceedings. 

Act  not  repealed. 

§9.  This  act  shall  not  repeal  an  act  entitled:  "An  act  authorizing  municipal  cor- 
porations to  permit  other  municipal  corporations  to  construct  and  maintain  sewers, 
water  mains,  and  other  conduits  therein,  also  to  construct  and  maintain  sev^^rs,  water 
mains,  and  other  conduits  for  their  joint  benefit,  and  at  their  joint  expense,  and  to  make 
and  enter  into  contracts  for  said  purposes,"  approved  March  22,  1909,  and  acts 
amendatory  thereto. 

CHAPTER  98. 

ELEVATORS. 

CONTENTS  OF  CHAPTER. 
ACT  1356.    Elevator  Construction,  Operation  and  Maintenance 
1357.    Elevator  Inspection  Act. 

ELEVATOR  CONSTRUCTION,  MAINTENANCE  AND  OPERATION. 
ACT  1356 — An  act  to  regulate  the  construction,  operation,  and  maintenance  ot  ele- 
vators in  buildings  during  course  of  construction;  providing  for  inspection  of  the 
same  by  the  bureau  of  labor  statistics;  and  providing  for  a  penalty  for  violation 

thereof. 

History:    Approved  June  7,  1913.    In  effect  August  10,  1913.    Stats. 
1913,  p.  507. 

Definitions. 

$  1.  The  words  and  phrases  used  in  this  act  shall  for  the  purposes  of  this  act,  nnlew 
the  same  be  contrary  to  or  inconsistent  with  the  context,  be  construed  as  follows : 

L  "Elevator"  shall  mean  any  means  used  to  hoist  persons  or  material  of  any  kind 


693  ELEVATORS.  Act  1357.  §  1 

on  a  building  under  course  of  construction,  when  operated  by  any  power  other  than 
muscular  power. 

2.  "Building"  shall  include  structures  of  all  kinds,  regardless  of  the  purposes  for 
which  they  may  be  intended  to  be  used,  and  whether  such  construction  be  below  or 
above  the  level  of  the  ground. 

Signals  and  persons  to  give  them. 

^  2.  Every  hoist  hereafter  used  in  buildings  during  the  course  of  construction  shall 
have  a  system  of  signals  for  the  purpose  of  signaling  the  person  operating  or  con- 
trolling the  machinery  which  may  operate  the  hoist.  And  it  shall  be  the  duty  of  the 
person  in  charge  of  said  building  to  appoint  one  or  more  persons  to  give  such  signals, 
such  person  to  be  selected  from  those  most  familiar  with  the  work  for  which  said 
hoist  is  being  used.  In  the  event  that  a  building  shall  be  over  fifty  feet  in  height, 
then  two  persons  shall  be  appointed  to  give  such  signals,  one  at  the  bottom  of  said 
hoist  and  the  other  at  the  top  of  said  hoist,  and  the  person  at  the  bottom  of  said 
hoist  shall  signal  the  person  at  the  top,  who  shall  then  signal  the  engineer  or  the 
person  in  charge  of  the  machinery  operating  said  hoist.  In  the  event  that  the  engineer 
or  person  in  charge  of  the  machinery  operating  said  hoist  is  so  situated  that  he  has  a 
clear  and  unobstructed  view  of  the  base  of  the  elevator,  then,  and  in  that  event,  regard- 
less of  the  height  of  the  building,  no  person  shall  be  required  to  give  signals  at  the 
bottom  of  said  hoist. 

Inspection  of  hoists. 

§  3.  It  shall  be  the  duty  of  the  commissioner  of  the  bureau  of  labor  statistics  to 
inspect  all  hoists  coming  within  the  definition  in  section  one  of  this  act.  And  if  anv 
part  of  the  construction  or  system  of  signals  used  on  a  hoist  is  defective  or  mav 
endanger  the  lives  of  men  working  in  the  immediate  vicinity  of  said  hoist,  he  shall 
direct  the  person  in  charge  thereof  to  remedy  such  defect,  and  such  hoist  shall  not  be 
used  again  until  the  order  of  the  commissioner  shall  have  been  complied  with. 

Penalty. 

^  4.  Any  person,  firm,  copartnership  or  corporation  or  any  agent,  superintendent  or 
manager  of  a  corporation  who  shall  violate  any  of  the  provisions  of  this  act,  shall  upon 
conviction  thereof  be  guilty  of  a  misdemeanor  and  punished  by  a  fine  not  less  than 
fifty  dollars  and  not  more  than  five  hundred  dollars,  or  by  imprisonment  in  the  county 
jail  for  not  less  than  thirty  days  and  not  more  than  six  months,  or  by  both  such  fine 
and  imprisonment. 

Superseded. — -This  act  was  superseded,  apparently,  as  to  inspection   by  the  act  of  1917. 

—See  Act  1357. 

ELEVATOR  INSPECTION  ACT. 
ACT  1357 — An  act  to  provide  for  the  periodical  inspection  of  elevators  operated  in 
places  of  employment  in  this  state;  to  require  a  permit  for  such  operation;  to  make 
it  a  misdemeanor  to  operate  such  elevator  without  such  permit;  and  to  provide  for 
an  injunction  against  such  operation  if  dangerous  to  the  life  or  safety  of  employees; 
to  vest  in  the  industrial  accident  commission  the  power  to  make  such  inspections  and 
determine  the  competency  of  inspectors  and  reauire  reports  of  inspections  and  to 
issue  such  permits  and  prescribe  maximum  fees  therefor. 

History:     Approved  April   6,   1917.    In   effect  July  27,   1917.    Stats. 
1917,  p.  84. 

Permit  to  operate  elevator.    Injunction  to  restrain  operation  without  permit. 

$  1.  No  power  elevator  or  hand-power  elevator,  unless  exempted  in  the  following 
section,  shall  be  operated  in  any  place  of  employment  in  this  state  unless  a  permit,  as 
hereinafter  provided,  for  the  operation  thereof,  shall  have  been  issued  by  the  industrial 


Act  1357, 88  3, 3  GENERAI.  LAWS.  884 

accident  commission,  and  unless  such  permit  shall  remain  in  full  force  and  effect.  The 
operation  of  such  elevator  by  any  person  owning  or  having  the  custody,  management 
or  operation  of  such  elevator  without  such  permit  shall  constitute  a  misdemeanor,  and 
each  day  of  operation  of  such  elevator  without  such  permit  shall  constitute  a  separate 
offense;  provided,  that  no  prosecution  shall  be  maintained  where  the  issuance  or 
renewal  of  such  permit  shall  have  been  requested  and  shall  remain  unacted  upon. 
Whenever  any  elevator  in  any  place  of  employment  is  being  operated  without  the 
permit  herein  required,  and  is  in  such  condition  that  its  use  is  dangerous  to  the  life  or 
safety  of  any  employee,  the  industrial  accident  commission,  a  commissioner  or  any 
safety  inspector  thereof,  or  any  person  affected  thereby  may  apply  to  the  superior 
court  of  the  county  in  which  such  elevator  is  located  for  an  injunction  restraining  the 
operation  of  such  elevator  until  such  condition  shall  be  corrected.  Proof  by  certifica- 
tion of  the  said  commission  that  such  permit  has  not  been  issued,  together  with  the 
affidavit  of  any  safety  inspector  of  the  commission  that  the  operation  of  such  elevator 
is  dangerous  to  the  life  or  safety  of  any  employee,  shall  be  sufficient  ground  for  the 
immediate  granting  of  a  temporary  restraining  order. 

Exemptions. 

§  2.  Elevators  under  the  jurisdiction  of  the  United  States  government,  and  all 
elevators  operated  by  employers  not  subject  to  the  safety  provisions  of  the  workmen's 
compensation,  insurance  and  safety  act  of  1917  and  acts  amendatory  thereof,  are 
exempted  from  the  provisions  of  this  act. 

Inspection  of  elevators.    Order  for  repairs.    Temporary  permit  to  operate. 

d  3.  The  industrial  accident  commission  shall  cause  power  elevators  to  be  inspected, 
not  less  frequently  than  twice  each  year  and  hand-power  elevators  not  less  frequently 
than  once  each  year.  If  such  elevators  shall  be  found  upon  such  inspection  to  be  in  a 
safe  condition  for  operation,  a  permit  shall  be  issued  by  said  commission  for  their 
operation  for  not  longer  than  six  months  for  a  power  elevator  or  longer  than  one  year 
for  a  hand-power  elevator,  which  shall  be  the  permit  referred  to  in  section  one.  If 
such  inspection  shall  show  such  elevator  to  be  in  an  unsafe  condition,  the  commission, 
or  a  commissioner,  may  issue  a  preliminary  order  requiring  such  repairs  or  alterations 
to  be  made  to  such  elevator  as  may  be  necessary  to  render  it  safe,  and  may  order  the 
use  of  such  elevator  discontinued  until  such  repairs  or  alterations  are  made  or  such 
unsafe  conditions  are  removed.  Unless  such  preliminary  order  be  complied  with,  a 
hearing  before  the  commission,  a  commissioner  or  referee  of  such  commission  shall  be 
allowed,  upon  request,  at  which  the  owner,  operator  or  other  person  in  charge  of  such 
elevator  shall  have  opportunity  to  appear  and  show  cause  why  he  should  not  comply 
with  said  order.  If  it  shall  thereafter  appear  to  the  commission  that  such  elevator 
is  unsafe  and  that  the  requirements  contained  in  said  preliminary  order  should  be 
complied  with,  or  that  other  things  should  be  done  to  make  such  elevator  safe,  the 
commission  may  order  or  confirm  the  withholding  of  the  permit  to  operate  such  ele- 
vator and  may  make  such  requirements  as  it  deems  proper  for  its  repair  or  alteration 
or  for  the  correction  of  such  unsafe  condition.  Such  order  may  thereafter  be  reheard 
bv  the  commission  or  reviewed  by  the  courts  in  the  manner  specified  by  the  workmen 's 
compensation,  insurance  and  safety  act  of  1917  for  safety  orders,  and  not  otherwise. 
If  the  operation  of  such  elevator  during  the  making  of  repairs  or  alterations  is  not 
immediately  dangerous  to  the  safety  of  employees,  the  commission  may,  in  its  discre- 
tion, issue  a  temporary  permit  for  the  operation  of  such  elevator  for  not  to  exceed 
thirtv  days  during  the  making  of  such  repairs  or  alterations.  Nothing  contained  in 
this  act  shall  be  construed  as  a  limitation  upon  the  authority  of  the  commission  to 
prescribe  or  enforce  general  or  special  safety  orders. 


C»5  ELEVATORS.  Act  1357,  §g  4-6 

Inspectors.     Certificate  of  competency. 

^  4.  The  commission  may,  in  its  discretion,  cause  the  inspection  herein  provided  for 
to  be  made  either  by  its  safety  inspectors  or  by  any  qualified  elevator  inspector 
employed  by  an  insurance  company,  or  may  issue  its  permit,  based  upon  a  certificate 
of  inspection  issued  by  qualified  elevator  inspectors  of  any  municipality,  upon  proof 
to  its  satisfaction  that  the  safety  requirements  of  such  municipality  are  equal  to  the 
minimum  safety  requirements  for  elevators  adopted  by  the  commission  provided  that 
such  persons  making  inspections  shall  first  secure  from  the  commission  a  certificate  of 
competency  to  make  such  inspections.  The  commission  is  hereby  vested  with  full 
power  and  authority  to  determine  the  competency  of  any  applicant  for  such  certificate, 
either  by  examination  or  by  other  satisfactory  proof  of  qualifications.  The  commis- 
sion may  rescind  at  any  time,  upon  good  cause  being  shown  therefor,  any  certificate  of 
competency  issued  by  it  to  an  elevator  inspector,  or  may  at  any  time,  upon  good  cause 
being  shown  therefor,  and  after  notice  and  an  opportunity  to  be  heard,  revoke  anv 
permit  to  operate  such  elevator.  Nothing  contained  in  this  act  shall  be  construed  to 
limit  the  authority  of  the  commission  to  prescribe  or  enforce  general  or  special  safety 
orders. 

Fees  for  inspection. 

$  5.  The  commission  may  fix  and  collect  such  fees  for  the  inspection  of  elevators 
as  it  may  deem  necessary,  not  to  exceed  two  dollars  for  each  inspection  or  four  dollars 
per  year  for  each  elevator.  Such  fees  must  be  paid  before  the  issuance  of  any  permit 
to  operate  such  elevator.  No  fee  shall  be  charged  by  the  commission  where  an  inspec- 
tion has  been  made  by  an  inspector  of  any  insurance  company  or  municipality,  if  such 
inspector  holds  a  certificate  of  competency  from  said  commission.  All  fees  collected 
by  the  commission  under  this  act  shall  be  paid  into  the  accident  prevention  fund. 

Report  for  inspections. 

$  6.  Every  inspector  so  certified  shall  forward  to  the  commission,  on  the  forms 
provided  by  it,  within  twenty-one  days  after  such  inspection  is  made,  a  report  of  such 
inspection,  in  default  of  which  his  certificate  of  competency  may  be  canceled. 

ELISORS. 
See  Kerr's  Cyc.  Political  Code,  ^  4173;  Kerr's  Cyc.  Code  Civil  Procedure, 

H  226-228,  726. 

EL  MONTE. 
See  Act  3094,  note. 

BL  SEGUNDO. 

See  Act  3094,  note. 

ELSINORE. 

See  Act  3094,  note. 


CHAPTER  99. 

EMBALMERS. 

k Reference:  See  tits.  "Cemeteries";  "Public  Health";  "Vital  Statistics.' 
,  CONTENTS  OF  CHAPTER. 

ACT  1363.     Pbactice  of  Embalming  Act. 
\ 


Act  1363,  §§  1-5 


GENERAL.   L.AWS. 


686 


PRACTICE  OF  EMBALMING  ACT. 
ACT  1363— An  act  to  establish  a  state  board  of  embalmers,  defining  the  duties  thereof, 
providing  for  the  better  protection  of  life  and  health,  preventing  the  spread  of  con- 
tagious disease,  regulating  the  practice  of  embalming  in  connection  with  the  care  and 
disposition  of  the  dead  and  providing  penalties  for  the  violation  thereof. 

History:  Approved  April  16,  1915.  In  effect  August  8,  1915.  Stats. 
1915,  p.  80.  Amended  May  27,  1919.  In  effect  July  27,  1919.  Stats. 
1919,  p.  1334. 

Board  of  embalmers  created. 

^  1.  There  is  hereby  created  and  established  a  board  to  be  known  as  the  state 
board  of  embalmers  of  the  State  of  California.  The  board  shall  consist  of  five  mem- 
bers, to  be  appointed  by  the  governor  of  the  state,  and  all  vacancies  occurring  on  the 
board  shall  be  filled  by  the  governor.  Three  of  the  persons  so  appointed  shall  hold 
oflBce  for  two  years  and  two  for  four  years  unless  sooner  removed.  All  of  the 
appointments  made  at  the  expiration  of  the  above  terms  shall  be  for  four  years. 
Appointments  to  fill  vacancies  caused  by  death,  resignation  or  removal  before  expira- 
tion of  the  term  shall  be  made  by  the  governor,  in  the  same  manner,  for  the  residue 
of  the  term. 
Qualifications.     Compensation. 

$  2.  The  members  of  said  board  shall  be  residents  of  California,  all  of  whom  shall 
have  had  at  least  five  years  of  experience  in  the  practice  of  embalming,  and  the  prepa- 
ration and  disposition  of  the  dead.  The  governor  shall  have  power  to  remove  from 
office  any  appointive  member  of  said  board  for  incompetency  or  improper  conduct. 
The  members  of  said  board  shall  receive  no  compensation  for  their  services  except 
actual  mileage  and  expenses,  with  the  additional  salary  of  the  secretary,  which  shall 
not  exceed  nine  hundred  dollars  per  year.  All  moneys  provided  in  excess  of  the  fees 
herein  shall  be  paid  into  the  general  funds  of  the  state. 

Officers. 

^  3.  The  board  at  their  annual  meeting  shall  elect  a  president,  secretary  and 
treasurer  from  the  members  of  said  board,  and  the  treasurer  and  secretary  shall  fur- 
nish such  bond  as  shall  be  required  of  them  by  the  board.  All  officers  shall  serve  for 
one  year  or  until  their  successors  shall  be  elected  and  qualified. 

Oath. 

^  4.  The  governor  shall  furnish  to  each  person  appointed  to  serve  on  the  board. 
a  certificate  of  appointment.  The  appointee  shall  qualify  by  taking  the  usual  oath  of 
office  before  any  person  authorized  to  administer  oaths  of  the  county  in  which  said 
person  may  reside,  within  ten  days  after  said  appointment  has  been  made,  and  this 
fact  shall  be  noted  on  the  certificate  of  appointment,  and  shall  be  filed  with  the  secre- 
tary of  state. 
Seal.    Meetings.    Publication  of  notice.    Expenses. 

§  5.  The  board  shall  adopt  a  common  seal.  The  president  of  said  board  is  hereby 
authorized  to  administer  oaths  to  witnesses  testifying  before  said  board.  Said  board 
shall  hold  at  least  three  meetings  annually  for  the  pui-pose  of  examining  applicants 
for  licenses,  one  of  which  meetings  shall  be  held  in  the  city  of  San  Francisco,  one  in 
the  city  of  Los  Angeles  and  the  other  in  the  city  of  Sacramento,  with  power  to  adjourn 
from  time  to  time  until  its  business  is  concluded;  provided,  however,  that  examination 
for  applicants  for  licenses  may  in  the  discretion  of  the  board  be  conducted  in  any 
part  of  the  state  designated  by  the  board.  Notice  of  each  meeting  shall  be  given 
twice  a  week  for  two  weeks  next  preceding  each  meeting  in  one  daily  paper  published 
in  the  city  of  San  Francisco,  one  published  in  the  city  of  Los  Angeles,  and  one  pub- 


COT  EMBAL.MERS.  Act  13C3,  §§  6-11 

lished  in  the  citj^  of  Sacramento,  which  notice  shall  also  specify  the  time  and  place 
of  holding  the  examination  of  applicants.  Three  members  of  the  board  shall  consti- 
tute a  quorum.  At  no  time  shall  the  board  contract  expense  in  excess  of  the  amount 
of  funds  in  the  hands  of  its  treasurer. 

Application  for  license.     Fee. 

§  6.  From  and  after  the  first  day  of  August,  1915,  to  January  1,  1916,  every  person 
at  the  time  engaged  in  the  practice  of  embalming  or  preparing  for  transportation  of 
human  dead  of  contagious  or  infectious  diseases  or  embalming  human  bodies  dead  from 
any  cause  whatever  within  the  state  of  California,  shall  make  a  written  application  to 
the  said  board  of  embalmers  for  a  license,  such  application  to  be  signed  by  the  appli- 
cant with  the  statement  that  he  or  she  is  possessed  of  skill  and  knowledge  of  said 
science  of  embalming  and  the  care  and  disposition  of  the  dead,  and  has  reasonable 
knowledge  of  sanitation  and  the  disinfection  of  bodies  of  deceased  persons,  and  the 
apartments,  clothing  and  bedding,  in  case  of  infectious  or  contagious  diseases,  and  the 
statements  therein  contained  to  be  duly  certified  before  an  officer  authorized  to  take 
acknowledgments,  and  upon  payment  of  five  dollars,  the  board  shall  issue  to  said  appli- 
cant a  license  to  practice  said  science  of  embalming  and  the  care  and  disposition  of  the 
dead,  and  shall  register  applicant  as  a  duly  licensed  embalmer.  Such  license  shall  be 
signed  by  the  president  and  secretary  of  the  board  and  attested  by  its  seal. 

Register  of  licentiates. 

$  7.  All  persons  receiving  license  under  provisions  of  this  act  shall  register  the  fact 
at  the  office  of  the  board  of  health  of  the  city  or  county  in  the  jurisdiction  of  which 
it  is  proposed  to  carry  on  such  practice,  and  shall  display  said  license  in  a  conspicuous 
place  in  the  office  of  the  licentiate. 

License  after  January  1,  1916.    Tee. 

^  8.  From  and  after  January  1,  1916,  every  person  who  has  failed  to  make  applica- 
tion for  a  license,  and  desires  to  engage  in  the  practice  of  embalming  dead  human 
bodies  in  the  state  of  California,  and  not  licensed  under  this  act,  shall  make  application 
to  the  board  for  examination  for  qualification  to  engage  in  the  practice  of  embalming 
dead  human  bodies.  Such  application  shall  be  in  writing,  addressed  to  the  secretary 
of  the  board,  accompanied  by  a  fee  of  ten  dollars  which  shall  be  paid  to  the  treasurer 
by  the  secretary.  If  for  any  reason  the  applicant  does  not  qualify,  the  sum  of  five 
dollars  shall  be  returned  upon  application. 

Examination. 

^  9.  Said  state  board  of  embalmers  shall  be  authorized  and  empowered  at  the  time 
and  place  specified  in  the  notice  heretofore  provided  for,  to  examine  all  applicants  for 
license  to  practice  embalming,  to  select  all  questions  to  be  used  for  examination  of 
applicants  for  a  license,  and  to  determine  whether  or  not  such  applicants  possess  the 
necessary  qualifications  to  properly  embalm  dead  human  bodies;  and  if  upon  such 
examination  said  board  shall  determine  that  such  applicant  is  properly  qualified  to 
embalm  human  bodies,  it  shall  grant  a  license  to  such  person  to  embalm  dead  human 
bodies. 

Licenses  recorded. 

§  10.  All  licenses  when  issued,  shall  be  recorded  by  the  board,  a  copy  of  which 
record  shall  be  furnished  to  all  those  holding  a  license,  and  to  the  various  transpor- 
tation companies  in  the  state  of  California.  Such  record  shall  be  open  to  public  inspec- 
tion, and  such  license  shall  be  admitted  in  evidence  in  any  of  the  courts  of  the  state, 
and  shall  be  presumptive  of  the  facts  contained  therein. 

?  11.  The  state  board  of  embalmers  is  directed  to  recognize  licenses  issued  to 
embalmers  by  authorities  of  other  states. 


Act  1363,  §§  12-17  GEXEUAL   LAWS.  698 

Regulations. 

$  12.  The  state  board  of  embalmers  shall  from  time  to  time  adopt  rules  and  regula- 
tions not  inconsistent  with  the  laws  of  this  state,  whereby  the  performance  of  the  duties 
of  the  officers  of  said  board  and  the  practice  of  embalming  dead  human  bodies  and 
transportation  of  same  shall  be  regulated. 

Af&davits  to  corrections  in  death  certificates.    When  embalmer's  license  lapses. 

^  13.  Whenever  it  may  be  alleged  that  the  facts  are  not  correctly  stated  in  any 
certificate  of  death  theretofore  registered,  the  local  registrar  shall  require  an  affidavit 
under  oath  to  be  made  by  the  person  asserting  the  fact,  to  be  supported  by  the  affi- 
davit of  one  other  credible  person  having  knowledge  of  the  facts,  setting  forth  the 
changes  necessary  to  make  the  record  correct.  Having  received  such  affidavits,  the 
local  registrar  shall  file  them  and  shall  then  draw  a  line  through  the  incorrect  state- 
ment or  statements  in  the  certificate,  without  erasing  them,  and  make  the  necessary 
corrections,  noting  on  the  margin  of  the  certificate  his  authority  for  so  doing,  and 
transmit  the  affidavits,  attached  to  the  original  certificate,  when  making  his  regularly 
monthly  returns  to  the  state  registrar.  If  the  correction  relates  to  a  certificate  previ- 
ously returned  to  the  state  registrar,  the  local  registrar  shall  transmit  the  affidavit 
forthwith  to  the  state  registrar.  If  the  correction  is  first  made  upon  the  original  cer- 
tificate on  file  in  the  state  bureau  of  vital  statistics,  the  state  registrar  shall  transmit 
a  certified  copy  of  the  original  certificate,  corrected  as  above,  to  the  local  registrar, 
who  shall  thereupon  substitute  such  certified  copy  for  the  copy  of  the  certificate  in  his 
records.  All  such  corrections  and  marginal  notes  referring  to  them  shall  be  legibly 
written  in  ink,  typewritten  or  printed.  When  an  embalmer  has  allowed  his  license  to 
lapse,  for  any  reason  whatever,  his  license  and  number  may  be  reinstated  by  the 
proper  application  of  such  embalmer,  said  application  to  be  accompanied  by  a  fee  of 
two  dollars  and  all  back  dues  to  date,  whereupon  the  board  may  reinstate  such  appli- 
cant, provided  such  lapse  shall  not  have  been  over  two  years.  [Amendment  of  May  27, 
1919.    In  effect  July  27,  1919.    Stats.  1919,  p.  1334.] 

License  not  assignable. 

^  14.  No  license  granted  under  the  provisions  of  this  act  shall  be  assignable,  and 
every  such  license  shall  specify  by  name  the  person  to  whom  it  is  issued,  and  not  more 
than  one  person  shall  carry  on  the  practice  of  embalming  dead  human  bodies  under 
one  license. 

Institutions  not  affected. 

§  15.  Nothing  in  this  act  shall  apply  to,  or  in  any  way  interfere  with  the  duties  of 
any  officer  of  any  local  or  public  institution  or  of  any  duly  accredited  medical  college, 
nor  shall  this  act  apply  to  any  one  engaged  simply  in  the  furnishing  of  burial  recep- 
tacles for  the  dead  but  shall  apply  only  to  persons  engaged  in  the  practice  of  embalm- 
ing in  connection  with  the  care  and  disposition  of  the  dead. 

Carriers. 

§  16.  It  shall  be  unlawful  for  any  person,  railroad,  express  company,  or  common 
carrier,  to  receive  for  transportation  any  dead  human  body,  unless  said  body  has  been 
prepared  by  a  regularly  licensed  embalmer,  in  accordance  with  the  rules  prescribed 
by  the  state  board  of  embalmers. 

Schools  for  embalming. 

§  17.  The  state  board  of  embalmers  and  schools  for  teaching  embalming  shall  have 
extended  to  them  the  same  privileges  as  to  the  use  of  bodies  for  dissecting,  demon- 
strating or  teaching,  as  those  granted  in  this  state  to  medical  colleges. 


999  EUBALSIERS.  Act  1363,  §§  18-23 

Bevocation  of  licenses 

$  18.  The  state  board  of  embaliners  shall  have  power  to  revoke  any  license  granted 
under  this  act,  upon  conviction  of  violation  of  any  of  the  provisions  of  this  act,  or  any 
of  the  rules  and  regulations,  or  upon  conviction  of  continued  improper  conduct,  said 
conviction  being  subject  to  approval  by  the  courts  of  the  state. 

Penalty  for  noncompliance. 

^  19.  Any  person  who  shall  advertise,  practice,  or  hold  himself  or  herself  as  prac- 
ticing the  science  of  embalming  without  having  complied  with  the  provisions  of  this 
act  shall  be  guilty  of  a  misdemeanor  and,  upon  conviction  thereof,  before  the  court, 
shall  be  sentenced  to  pay  a  fine  of  not  less  than  fifty  dollars  nor  more  than  one  hun- 
dred dollars  for  each  and  every  offense;  or  any  person,  railroad,  express  company,  or 
common  carrier  who  shall  violate  the  provisions  of  this  act  shall  be  guilty  of  a  misde- 
meanor, and  shall  pay  a  fine  of  not  less  than  one  hundred  dollars,  nor  more  than  five 
hundred  dollars  for  each  and  every  offense.  All  fines  assessed  for  the  violation  of  any 
of  the  provisions  of  this  act  shall  be  paid  into  the  funds  of  the  state. 

Yellow  pasters. 

^  20.  All  licensed  embalmers  shall  use  yellow  pasters  to  be  furnished  by  the  state 
board  of  embalmers;  said  pasters  to  be  approved  by  the  state  board  of  health.  No 
railroad,  express  company  or  other  common  carrier  shall  accept  for  transportation  any 
dead  human  body  unless  said  body  is  accompanied  with  said  yellow  shipping  paster. 

Permission  of  coroner. 

§  21.  It  shall  be  unlawful  to  embalm  a  dead  human  body  when  a  fact  within  the 
knowledge,  or  brought  to  the  knowledge  of  the  embalmer  is  sufficient  to  arouse  suspi- 
cion of  crime  in  connection  with  the  cause  of  death  of  the  deceased,  until  permission 
of  the  coroner,  or  justice  of  the  peace  (if  there  be  no  coroner)  has  first  been  obtained. 
Any  person  violating  the  provisions  of  this  section  shall  be  deemed  guilty  of  a  misde- 
meanor, and,  upon  conviction  thereof  shall  be  fined  not  less  than  twenty-five  dollars, 
nor  more  than  one  hundred  dollars. 

Special  license  for  nonresidents. 

§  22,  Nonresidents  living  along  the  border  of  the  state  of  California,  doing  business 
within  this  state,  may  make  application  for  a  special  license,  provided  they  can  comply 
with  the  rules  and  regulations  governing  applicants  for  license,  and  furnish  a  certificate 
from  their  state  certifying  that  the  applicant  holds  a  valid  license,  and  upon  the  pay- 
ment of  a  fee  of  twenty  dollars,  with  a  yearly  renewal  fee  of  five  dollars.  [New 
section  added  May  27,  1919.    In  effect  July  27,  1919,  p.  1335.] 

School  of  embalming. 

§  23.  The  state  board  of  embalmers  is  authorized  to  enter  into  an  agreement  with 
the  proper  authorities  for  the  purpose  of  establishing  a  school  of  embalming  in  con- 
nection with  any  state  educational  institution  of  university  grade  or  school  of  secon- 
dary grade  maintained  by  a  city,  city  and  county,  or  school  district  in  this  state  for 
the  purpose  of  instructing  students  in  the  art  of  embalming  and  the  sanitary  care 
of  the  dead.  The  board  shall  be  empowered  to  employ  instructors;  secure  parapher- 
nalia; lay  out  a  course  of  instruction  and  requirements  for  a  graduation;  to  require 
fees  for  same;  which  said  fees  shall  be  deposited  in  the  state  treasury  in  a  fund  which 
is  hereby  created  and  which  shall  be  known  as  the  embalmers  school  fund;  this  school 
to  be  in  no  way  an  expense  to  the  state.  Upon  graduation  a  diploma  thereupon  shall 
entitle  the  holder  to  be  admitted  to  practice  within  the  state.  [New  section  added 
May  27,  1919.    In  effect  July  27,  1919.    Stats.  1919,  p.  1335.] 


Act  1365,  §  1  GENERAL   LAAVS.  TOO 

Manufacture  and  distribution  of  embalming  fluid. 

§  24.  It  is  prohibited  to  manufacture,  sell  or  distribute  embalming  fluids  within  the 
state  containing  mineral  poison.  All  fluid  containers  to  have  printed  on  the  label  "no 
mineral  poison."  All  manufacturers  and  distributors  of  embalming  fluids  are  hereby 
required  to  state  the  per  cent  formaldehyde  contained  therein,  upon  the  label.  [New 
section  added  May  27,  1919.    In  effect  July  27,  1919.    Stats.  1919,  p.  1335.] 


CHAPTER  100. 

EMERYVILLE. 
References:   Incorporation,  see  Act  3094,  note. 

CONTENTS  OF  CHAPTER.     • 
ACT  1365.     Tide  and  Submerged  Land  Gbant. 
TIDELAND  GRANT. 

ACT  1365 — An  act  granting  certain  tidelands  and  submerged  lands  of  the  state  of 
California  to  the  city  of  Emeryville,  and  regulating  the  management,  use  and  control 
thereof. 

History:    Approved  May  23,  1919.     In  effect  July  23,  1919.     Stats. 
1919,  p.  1087. 

Tidelands  granted  to  Emeryville. 

§  1.  There  is  hereby  granted  to  the  city  of  Emeryville,  a  municipal  corporation  of 
the  state  of  California,  and  to  its  successors,  all  the  right,  title  and  interest  of  the 
state  of  California,  held  by  said  state  by  virtue  of  its  sovereignty  in  and  to  all  tide- 
lands  and  submerged  lands,  whether  fllled  or  unfilled,  which  are  included  within  the 
present  boundaries  of  the  city  of  Emeryville,  to  be  forever  held  by  said  city  and  by 
its  successors  in  trust  for  the  use  and  purposes,  and  upon  the  express  conditions 
following,  to  wit : 

Use  of  lands. 

(a)  That  said  lands  shall  be  used  by  said  city  and  its  successors,  only  for  the 
establishment,  improvement  and  conduct  of  a  harbor,  and  for  the  construction,  mainte- 
nance and  operation  thereon  of  wharves,  docks,  piers,  slips,  quays,  and  other  utilities, 
structures  and  appliances  necessary  or  convenient  for  the  promotion  and  accommoda- 
tion of  commerce  and  navigation,  and  said  city  or  its  successors  shall  not,  at  any  time,, 
grant,  convey,  give  or  alien  said  lands  or  any  part  thereof  to  any  individual,  firm  or 
corporation,  for  any  purposes  whatever;  provided,  that  said  city  or  its  successors  may 
grant  franchises  thereon,  for  limited  periods,  but  in  no  event  exceeding  fifty  years,  for 
wharves  and  other  public  uses  and  purposes,  and  may  lease  said  lands  or  any  part 
thereof  for  limited  periods,  but  in  no  event  exceeding  fifty  years,  for  the  purposes 
consistent  with  the  trusts  upon  which  said  lands  are  held  by  the  state  of  California, 
and  with  the  requirements  of  commerce  or  navigation  at  said  harbor. 

Improvement  of  harbor. 

(b)  That  said  harbor  shall  be  improved  by  said  city  without  expense  to  the  state, 
and  shall  always  remain  a  public  harbor  for  all  purposes  of  commerce  and  navigation, 
and  the  state  of  California  shall  have  at  all  times  the  right  to  use,  without  charge,  all 
v.-harves,  docks,  piers,  slips,  quays  and  other  improvements  constructed  on  said  lands, 
or  any  part  thereof,  for  any  vessel  or  other  water  craft,  or  railroad,  owned  or  operated 
by  the  state  of  California. 


701  EMIGUATIOX.  Act  1366.  Sg  1, 2 

Bates,  tolls,  etc. 

(c)  That  in  the  management,  conduct  or  operation  of  said  harbor,  or  of  any  of  the 
utilities,  structures  or  appliances  mentioned  in  paragraph  (a),  no  discrimination  in 
rates,  tolls,  or  charges  or  in  facilities  for  any  use  or  service  in  connection  therewith 
shall  ever  be  made,  authorized  or  permitted  by  said  city  or  its  successors. 

Right  to  fish  reserved  to  people. 

(d)  There  is  hereby  reserved,  however,  in  the  people  of  the  state  of  California  the 
absolute  right  to  fish  in  all  the  waters  of  said  harbor,  with  the  right  of  convenient 
access  to  said  waters  over  said  land  for  said  purpose. 


CHAPTER  lOL 

EMIGRATION. 
References:   See  tit.  "Immigration." 

CONTENTS  OF  CHAPTER. 
ACT  1366.    Promotion  of  Emigration. 

PROMOTION  OF  EMIGRATION. 
ACT  1366 — An  act  to  promote  emigration  from  the  state  of  California. 

History:    Approved  March  26,  1880,  Stats.  1880,  p.  15  (Ban.  ed.  50). 

§  1.  It  shall  be  unlawful  for  the  owners,  officers,  agents,  or  employees  of  any  steam- 
ship company,  sailing  vessel,  or  railroad  company,  or  firm  or  corporation,  that  may  be 
engaged  in  this  state  in  the  transportation  of  passengers  to  and  from  any  foreign  port, 
to  Avithhold  or  refuse  any  person  or  persons  the  right  to  purchase  a  passage  ticket  or 
tickets  to  any  foreign  country  for  the  reason  that  he  or  they  have  not  presented  a 
certificate,  card,  or  other  document  whatsoever  showing  that  such  person  has  paid  in 
full,  or  in  part,  any  or  all  dues,  debts,  or  demands,  or  otherwise,  or  any  sum  whatso- 
ever, to  any  society,  company,  corporation,  association,  or  individual,  or  firm;  and 
any  person  or  corporation  who  shall  violate  the  provisions  of  this  section,  or  in  pursu- 
ance of  any  agreement,  oral  or  written,  refuse  to  sell  a  passage  ticket  to  any  person 
to  any  foreign  country,  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction,  shall  be 
punished  by  a  fine  of  not  less  than  one  hundred  nor  more  than  five  hundred  dollars; 
provided,  that  nothing  in  this  section  shall  be  construed  in  any  manner  to  apply  to 
any  passport  or  other  document  required  by  law  to  be  presented,  having  the  signature 
or  seal  of  any  foreign  consul  resident  within  this  state. 

§  2.     This  act  shall  take  effect  on  and  after  its  passage. 


CHAPTER  102. 

EMPLOYMENT  AGENTS. 

References:    Employment,  see  tit.  "Master  and  Servant." 

Re-employment  of  soldiers  and  sailors,  see  tit.  "Soldiers  and  Sailors." 

Trade  schools  are  employment  agencies,  see  "Schools,"  subtitle  "Trade  Schools.' 

CONTENTS  OF  CHAPTER. 

ACT  1373.     Regulating  Private  Employment  Agenoibs. 
1374.    Free  Employment  Bureaus. 


let  1373,  §  1  GENERAL   LAWS.  702 

REGUL.^^TING  PRIVATE  EMPLOYMENT  AGENCIES. 
ACT  1373 — An  act  regulating  private  employment  agencies,  providing  for  a  license  for 
the  operation  thereof  and  a  fee  therefor,  providing  forms  of  receipts  and  registers 
to  be  used  and  kept,  prohibiting  any  charge  for  registering  or  filing  application  for 
help  or  employment,  prohibiting  the  dividing  of  fees,  providing  for  the  refunding 
of  fees  and  expenses  in  the  event  of  failure  to  procure  employment,  and  granting 
the  commissioner  of  the  bureau  of  labor  statistics  the  power  to  prescribe  rules  and 
regxilations  to  carry  out  the  purpose  and  intent  of  this  act. 

History:  Approved  June  3.  1913.  In  effect  August  10,  1913.  Stats. 
1913,  p.  515.  Amended  May  27,  1915.  In  effect  August  8,  1915.  Stats. 
1915,  p.  929. 

Prior  acts:  Act  defining  duties  and  liabilities  of  employment 
agents,  approved  February  12,  1903,  Stats.  1903,  p.  14.  Amended 
March  18,  1905,  Stats.  1905,  p.  143;  March  3,  1909,  Stats.  1909,  p.  137; 
March  6,  1909,  Stats.  1909,  p.  149.  Act  to  regulate  and  license  employ- 
ment agents,  approved  March  6,  1909,  Stats.  1909,  p.  191.  The  first  of 
these  was  declared  unconstitutional  in  Ex  Parte  Dickey,  144  Cal.  234; 
but  the  objectionable  feature  of  the  act  was  repealed  in  1905  (see 
annotations).   Both  acts  were  probably  superseded  by  the  present  act. 

Definitions. 

$1.  1.  When  used  in  this  act  the  following  terms  are  defined  as  herein  specified: 
The  term  "person"  means  and  includes  any  individual,  company,  society,  association, 
corporation,  manager,  contractor,  subcontractor  or  their  agents  or  employees. 

2.  The  term  "employment  agency"  means  and  includes  the  business  of  conducting, 
as  owner,  agent,  manager,  contractor,  subcontractor,  or  in  any  other  capacity  an  intel- 
ligence office,  domestic  and  commercial  employment  agency,  theatrical  employment 
agency,  teachers'  employment  agency,  general  employment  bureau,  shipping  agency, 
nurses'  registry,  or  any  other  agency  or  office  for  the  purpose  of  procuring  or  attempt- 
ing to  procure  help  or  employment  or  engagements  for  persons  seeking  employment 
or  engagements,  or  for  the  registration  of  persons  seeking  such  help,  employment  or 
engagement,  or  for  giving  information  as  to  where  and  of  whom  such  help,  employ- 
ment or  engagement  may  be  procured,  where  a  fee  or  other  valuable  consideration  is 
exacted,  or  attempted  to  be  collected,  directly  or  indirectly,  for  such  services,  whether 
such  business  is  conducted  in  a  building  or  on  the  street  or  elsewhere. 

3.  The  term  "theatrical  employment  agency"  means  and  includes  the  business  of 
conducting  an  agency,  bureau,  office  or  any  other  place  for  the  purpose  of  procuring  or 
offering,  promising  or  attempting  to  provide  engagements  for  circus,  vaudeville,  theat- 
rical and  other  entertainments  or  exhibitions  or  performances,  or  of  giving  information 
as  to  Avhere  such  engagements  may  be  procured  or  provided,  whether  such  business  is 
conducted  in  a  building,  or  on  the  street  or  elsewhere. 

4.  The  term  "theatrical  engagement"  means  and  includes  any  engagement  or 
employment  of  a  person  as  an  actor,  performer  or  entertainer  in  a  circus,  vaudeville, 
theatrical  and  other  entertainment,  exhibition  or  performance. 

5.  The  term  "emergency  engagement"  means  and  includes  an  engagement  which  has 
to  be  performed  within  twenty-four  hours  from  the  time  when  the  contract  for  such 
engagement  is  made. 

6.  The  term  "fee"  means  and  includes  any  money  or  other  valuable  consideration 
paid  or  promised  to  be  paid  for  services  rendered  or  to  be  rendered  by  any  person 
conducting  an  employment  agency  of  any  kind  under  the  provisions  of  this  article. 
Such  term  includes  any  excess  of  money  received  by  any  such  person  over  what  has 
been  paid  out  by  him  for  the  transportation,  transfer  of  baggage,  or  board  and  lodging 
for  any  applicant  for  employment;  such  term  also  includes  the  difference  between  the 
amount  of  money  received  by  any  such  person  who  furnishes  employees,  performers 
or  entertainers  for  circus,  vaudeville,  theatrical  and  other  entertainments,  exhibitions 


703  EMPLOYMENT    AGENTS.  Act  1373,  §g  2-4 

or  performances,  and  the  amount  paid  by  him  to  the  said  employees,  performers  or 
entertainers  whom  he  hires  or  provides  for  such  entertainments,  exhibitions  or  per- 
formances. 

7.  The  term  "privilege"  means  and  includes  the  furnishing  of  food,  supplies,  tools 
or  shelter  to  contract  laborers,  commonly  known  as  commissary  privileges. 

8.  The  term  "commissioner  of  labor"  means. commissioner  of  the  bureau  of  labor 

statistics. 

License  necessary.    Penalty. 

§  2.  A  person  shall  not  open,  keep,  maintain  or  carry  on  any  employment  agency, 
as  defined  in  the  preceding  section,  unless  he  shall  have  first  procured  a  license  there- 
for as  provided  in  this  article  from  the  commissioner  of  labor.  Such  license  shall  be 
posted  in  a  conspicuous  place  in  said  agency.  Any  person  who  shall  open  or  conduct 
such  an  employment  agency  without  first  procuring  said  license  shall  be  guilty  of  a 
misdemeanor  and  shall  be  punished  as  hereinafter  provided. 

Application  for  license. 

§  3.  An  application  for  such  license  shall  be  made  to  the  commissioner  of  labor. 
Such  application  shall  be  written  and  in  the  form  prescribed  by  the  commissioner  of 
labor,  and  shall  state  the  name  and  address  of  the  applicant;  the  street  and  number 
of  the  building  or  place  where  the  business  is  to  be  conducted;  whether  the  applicant 
proposes  to  conduct  a  lodging-house  for  the  unemiDloyed  separate  from  the  agency 
which  he  proposes  to  conduct;  the  business  or  occupation  engaged  in  by  the  applicant 
for  at  least  two  years  immediately  preceding  the  date  of  the  application.  Such  appli- 
cation shall  be  accompanied  by  the  affidavits  of  at  least  two  reputable  residents  of  the 
city  to  the  effect  that  the  applicant  is  a  person  of  good  moral  character. 

Application  for  license.    Limitations  on  grants.    Power  to  revoke  licenses. 

$  4.  Upon  receipt  of  jvn  application  for  a  license  the  commissioner  of  labor  may 
cause  an  investigation  to  be  made  as  to  the  character  and  responsibility  of  the  appli- 
cant and  of  the  premises  designated  in  such  application  as  the  place  in  which  it  is 
proposed  to  conduct  such  agency.  The  commissioner  of  labor  may  administer  oaths, 
subpoena  witnesses  and  take  testimony  in  respect  to  matters  contained  in  such  applica- 
tion and  in  complaints  of  any  character  against  the  applicants  for  such  license,  and 
upon  proper  hearing  may  refuse  to  grant  a  license.  Each  application  shall  be  granted  or 
refused  within  thirty  days  from  date  of  filing.  No  license  shall  be  granted  to  a  i^erson 
to  conduct  the  business  of  an  employment  agency  in  rooms  used  for  living  purposes,  or 
where  boarders  or  lodgers  are  kept,  or  where  meals  are  served,  or  where  persons  sleep, 
or  in  connection  with  a  building  or  premises  where  intoxicating  liquors  are  sold  to  be 
consumed  on  the  premises,  excepting  cafes  and  restaurants  in  office  buildings.  No 
license  shall  be  granted  to  a  person  whose  license  has  been  revoked  within  three  years 
from  the  date  of  application.  Each  license  shall  run  to  the  thirty-first  day  of  March 
next  following  the  date  thereof  and  no  longer,  unless  sooner  revoked  by  the  commis- 
sioner of  labor.  The  commissioner  of  labor  shall  have  the  power  and  authority  to 
revoke  any  license  after  a  hearing,  when  it  is  shown  that  the  licensee  or  his  agent  has 
violated  or  failed  to  comply  with  any  of  the  provisions  of  this  act,  or  when  such  licensee 
has  ceased  to  be  of  good  moral  character,  or  when  the  conditions  under  which  the 
license  was  issued  have  changed  or  no  longer  exist.  At  any  hearing  the  commis- 
sioner of  labor  shall  not  be  bound  by  the  technical  rules  of  evidence,  and  his  rulings 
shall  be  presumed  to  be  prima  facie  reasonable,  and  his  findings  of  fact  shall,  in  the 
absence  of  fraud,  be  conclusive  and  shall  be  set  aside  by  the  superior  court  only  on 
the  following  grounds: 


Act  ia73,  §§5-8  GENERAL   LAWS.  W4 

Grounds  for  setting  acide  findings. 

1.  That  the  commissioner  of  labor  acted  without  or  in  excess  of  his  powers. 

2.  That  the  determination  was  procured  by  fraud. 

[Amendment  of  May  27,  1915.    In  effect  Au^st  8,  1915.    Stats.  1915,  p.  929.] 

License  to  contain  name,  etc. 

§  5.  Every  license  shall  contain  the  name  of  the  person  licensed,  a  designation  of 
the  city,  street  and  number  of  the  house  in  which  the  person  licensed  is  authorized  to 
cany  on  the  said  employment  agency,  and  the  number  and  date  of  such  license.  Such 
license  shall  not  be  valid  to  protect  any  other  than  the  person  to  whom  it  is  issued 
or  any  place  other  than  that  designated  in  the  license  and  shall  not  be  transferred  or 
assigned  to  any  other  person  unless  consent  is  obtained  from  the  commissioner  of 
labor,  as  hereinafter  provided.  If  such  licensed  person  shall  conduct  a  lodging-house 
for  the  unemployed  separate  and  apart  from  such  agency,  it  shall  be  so  designated  in 
the  license. 

Transfer  of  license. 

$  6.  A  license  granted  as  provided  in  this  article  shall  not  be  assigned  or  transferred 
without  the  written  consent  of  the  commissioner  of  labor.  No  license  fee  shall  bo 
required  upon  such  assignment  or  transfer.  The  location  of  an  employment  agency 
shall  not  be  changed  without  the  written  consent  of  the  commissioner  of  labor. 

License  fee.    Bond. 

^  7.  Every  person  licensed  under  the  provisions  of  this  act  to  carry  on  the  business 
of  an  employment  agency  shall  pay  to  the  commissioner  of  labor  a  license  fee  of  one 
hundred  dollars  in  cities  of  the  first,  first  and  one-half  and  second  classes,  and  a  license 
fee  of  fifty  dollars  in  cities  of  the  third  and  fourth  classes  and  a  license  fee  of  ten 
dollars  in  all  other  cities  and  towns.  Such  persons  shall  also  deposit  before  such 
license  is  issued,  with  the  commissioner  of  labor,  a  surety  bond  in  the  penal  sum  of 
two  thousand  dollars  in  cities  of  the  first,  first  and  one-half  and  second  classes,  or  a 
surety  bond  in  the  penal  sum  of  one  thousand  dollars  in  cities  of  the  third  and  fourth 
classes,  or  a  surety  bond  in  the  penal  sum  of  five  hundred  dollars  in  all  other  cities 
and  towns.  Such  surety  bonds  to  be  approved  by  the  commissioner  of  labor  and  such 
bonds  shall  be  payable  to  the  people  of  the  state  of  California,  and  shall  be  condi- 
tioned that  the  person  applying  for  the  license  will  comply  with  the  provisions  of  this 
act  and  will  pay  all  damages  occasioned  to  any  person  by  reason  of  misstatement,  mis- 
representation, fraud  or  deceit  or  any  unlawful  acts  or  omissions  of  any  licensed  per- 
son, his  agents  or  employees,  while  acting  within  the  scope  of  their  employment,  made, 
committed  or  omitted  in  the  business  conducted  under  such  license  or  caused  by  any 
other  violation  of  this  article  in  carrying  on  the  business  for  which  such  license  is 
granted.  All  moneys  collected  for  licenses  as  provided  herein  and  all  fines  collected  for 
violations  of  the  provisions  hereof  shall  be  paid  into  the  state  treasury  and  credited 
to  the  contingent  fund  of  the  bureau  of  labor  statistics.  [Amendment  of  May  27,  1915. 
In  effect  August  8,  1915.    Stats.  1915,  p.  930.] 

Suits  against  licensed  person. 

^  8.  All  claims  or  suits  brought  in  any  court  against  any  licensed  person  may  be 
brought  in  the  name  of  the  person  damaged  upon  the  bond  deposited  with  the  people 
of  the  state  of  California  by  such  licensed  person  as  provided  in  section  seven,  and  may 
be  transferred  and  assigned  as  other  claims  for  damages  in  civil  suits.  The  amount  of 
damages  claimed  by  plaintiff,  and  not  the  penalty  named  in  the  bond,  shall  determine 
the  jurisdiction  of  the  court  in  which  the  action  is  brought.  Where  such  licensed  per- 
son has  departed  from  the  state  with  intent  to  defraud  his  creditors  or  to  avoid  the 


705  E3MPLOYME1VT    AGENTS.  Act  1373,  §§  9-12 

service  of  a  summons  in  an  action  brought  under  this  section,  service  shall  be  made 
upon  the  surety  as  prescribed  in  the  Code  of  Civil  Procedure.  A  copy  of  such  sum- 
mons shall  be  mailed  to  the  last  known  postoflftce  address  of  the  residence  of  the 
licensed  person  and  the  place  where  he  conducted  such  employment  agency,  as  shown 
by  the  records  of  the  commissioner  of  labor.  Such  service  thereof  shall  be  deemed 
to  be  made  when  not  less  than  the  number  of  days  shall  have  intervened  between  the 
dates  of  service  and  the  return  of  the  same  as  provided  by  the  Code  of  Civil  Procedure 
for  the  particular  court  in  which  suit  has  been  brought. 

Register  of  applicants  for  employment. 

$  9.  It  shall  be  the  duty  of  every  licensed  person  to  keep  a  register,  approved  by 
the  commissioner  of  labor,  in  which  shall  be  entered,  in  the  English  language,  the  date 
of  the  application  for  employment;  the  name  and  address  of  the  applicant  to  whom 
employment  is  promised  or  offered,  or  to  whom  information  or  assistance  is  given  in 
respect  to  such  employment;  the  amount  of  fee  received,  and  such  other  information 
as  the  commissioner  of  labor  shall  require.  Such  licensed  person  shall  also  enter  in  the 
same  or  in  a  separate  register,  approved  by  the  commissioner  of  labor,  in  the  English 
language,  the  name  and  address  of  every  applicant  accepted  for  help,  the  date  of  such 
application,  kind  of  help  requested,  the  names  of  the  persons  sent,  with  the  designa- 
tion of  the  one  employed,  the  amount  of  the  fee  received  and  the  rate  of  wages  agreed 
upon,  and  such  other  information  as  the  commissioner  of  labor  may  require.  No  such 
licensed  person,  his  agent  or  employees,  shall  make  any  false  entry  in  such  registers. 

Registers  open  to  inspection. 

$  10.  All  registers,  books,  records  and  other  papers  kept  pursuant  to  this  act  in  any 
employment  agency  shall  be  open  at  all  reasonable  hours  to  the  inspection  of  the  com- 
missioner of  labor  and  to  anj'  of  his  duly  authorized  agents  or  inspectors  and  every 
licensed  person  shall  furnish  to  the  commissioner  upon  request  a  true  copy  of  such 
registers,  books,  records  and  papers  or  any  portion  thereof,  and  shall  make  such  reports 
as  the  commissioner  may  prescribe. 

Receipt  given  applicant. 

§  11.  It  shall  be  the  duty  of  every  licensed  person  conducting  an  employment  agency 
to  give  to  every  applicant  for  employment  from  whom  a  fee  shall  be  received  a  receipt 
in  which  shall  be  stated  the  name  and  address  of  such  employment  agency,  the  name 
and  address  of  the  person  to  whom  the  applicant  is  sent  for  employment,  the  name  of 
the  applicant,  the  date,  the  amount  of  fee,  the  kind  of  work  or  service  to  be  performed, 
the  general  conditions  of  employment — including  among  other  things  the  rate  of  wages 
or  compensation,  whether  or  not  board  and  lodging  is  to  be  furnished,  the  hours  of 
employment,  the  cost  of  transportation  and  whether  or  not  it  is  to  be  paid  by  the 
employer,  the  time  of  such  service,  if  definite,  and  if  indefinite  to  be  so  stated,  and 
the  name  of  the  person  authorizing  the  hiring  of  such  applicant.  There  shall  ba 
printed  on  the  face  of  the  receipt  in  prominent  type  the  following:  "This  agency  is 
licensed  by  the  commissioner  of  labor  of  the  state  of  California."  All  receipts  shall 
be  made  and  numbered  in  original  and  duplicate.  The  original  shall  be  given  to  the 
applicant  paying  the  fee  and  the  duplicate  shall  be  kept  on  file  at  the  employment 
agency.  The  receipts  used  by  such  licensed  agencies  shall  be  approved  by  the  commis- 
sioner of  labor. 

Applicant's  fee. 

§  12.  No  such  licensed  person  shall  accept  a  fee  from  any  applicant  for  employ- 
ment, or  send  out  any  applicant  for  employment  without  having  obtained,  either  orally 
or  in  writing,  a  bona  fide  order  therefor,  and  in  no  case  shall  such  licensed  person 

Gen.  Laws — 45 


Act  1373,  §§13-1S  GENERAL,  LAWS.  706 

accept,  directly  or  indirectly,  a  registration  fee  of  any  kind.  In  case  the  applicant 
paying  a  fee  fails  to  obtain  employment  such  licensed  agency  shall  repay  the  amount 
of  said  fee  to  such  applicant  upon  demand  being  made  therefor;  provided,  that  in  cases 
•where  the  applicant  paying  such  fee  is  sent  beyond  the  limits  of  the  city  in  which  the 
employment  agency  is  located,  such  licensed  agency  shall  repay  in  addition  to  the  said 
fee  any  actual  expenses  incurred  in  going  to  and  returning  from  any  place  where  such 
applicant  has  been  sent;  provided,  however,  where  the  applicant  is  employed  and  the 
employment  lasts  less  than  seven  days  by  reason  of  the  discharge  of  the  applicant, 
the  employment  agency  shall  return  to  said  applicant  the  fee  paid  by  such  applicant 
to  the  employment  agency,  or  such  portion  of  said  fee  as  in  the  judgment  of  the 
commissioner  of  labor  may  be  adequate.  [Amendment  of  May  27,  1915.  In  effect 
August  8,  1915.    Stats.  1915,  p.  930.] 

False  advertising  prohibited. 

§  13.  No  licensed  person  conducting  an  employment  agency  shall  publish  or  cause 
to  be  published  any  false  or  fraudulent  or  misleading  information,  representation, 
notice  or  advertisement;  all  advertisements  of  such  employment  agency  by  means  of 
cards  circulars,  or  signs  and  in  newspapers  and  other  publications,  and  all  letter-heads, 
receipts,  and  blanks  shall  be  printed  and  contain  the  licensed  name  and  address  of 
such  employment  agent  and  the  word  agency,  and  no  licensed  person  shall  give  any 
false  information,  or  make  any  false  promise  or  false  representation  concerning  an 
engagement  or  employment  to  any  applicant  who  shall  register  or  apply  for  an  engage- 
ment or  employment  or  help. 

Agencies  shall  not  send  applicants  to  certain  places.     Fees  not  to  be  divided  with 

employers. 

§  14.  No  licensed  person  conducting  an  employment  agency  shall  send  or  cause  to  be 
sent,  any  woman  or  minor  under  the  age  of  twenty-one  years,  as  an  employee  to  any 
house  of  ill  fame  or  to  any  house  or  place  of  amusement  for  immoral  purposes,  or  to 
places  resorted  to  for  the  purpose  of  prostitution,  or  gambling  houses,  the  character  of 
which  such  licensed  person  could  have  ascertained  upon  reasonable  inquiry.  No 
licensed  person  shall  send  any  minor  under  the  age  of  eighteen  years  to  any  saloon  or 
place  where  intoxicating  liquors  are  sold  to  be  consumed  on  the  premises.  No  licensed 
person  shall  knowingly  permit  any  person  of  bad  character,  prostitutes,  gamblers, 
intoxicated  persons  or  procurers  to  frequent  such  agencies.  No  licensed  person  shall 
accept  any  application  for  employment  made  by  or  on  behalf  of  any  child,  or  shall 
place  or  assist  in  placing  any  such  child  in  any  employment  whatever  in  violation  of 
the  child  labor  law.  No  licensed  person  shall  send  an  applicant  to  any  place  where 
a  strike,  lockout  or  other  labor  trouble  exists  without  notifying  the  applicant  of  such 
conditions  and  shall  in  addition  thereto  enter  a  statement  of  such  facts  upon  the  receipt 
given  to  such  applicant.  No  licensed  person  shall  divide  fees  with  an  employer,  or  an 
agent  of  an  employer,  or  with  any  superintendent,  manager,  foreman,  or  other  em- 
ployee of  any  person,  firm  or  corporation  to  which  help  is  furnished.  [Amendment  of 
May  27, 1915.    In  effect  August  8, 1915.    Stats.  1915,  p.  931.] 

Theatrical  employment  agency. 

$  15.  Every  licensed  person  conducting  a  theatrical  employment  agency,  before 
making  a  theatrical  engagement,  except  an  emergency  engagement,  for  any  person  with 
any  applicant  for  services  in  any  such  engagement  shall  prepare  and  file  in  such  agency 
a  written  statement  signed  and  verified  by  such  licensed  person  setting  forth  how  long 
the  applicant  has  been  engaged  in  the  theatrical  husiness.  Such  statement  shall  set 
forth  whether  or  not  such  applicant  has  failed  to  pay  salaries  or  left  stranded  any 
companies,  in  which  such  applicant  and,  if  a  corporation,  any  of  its  officers  or  directors, 


707  EMPLOYMENT   AGENTS.  Act  1373,  §§  16-20 

have  been  financially  interested  during  the  five  years  preceding  the  date  of  application 
and,  further,  shall  set  forth  the  names  of  at  least  two  persons  as  references.  If  such 
applicant  is  a  corporation,  such  statement  shall  set  forth  the  names  of  the  officers  and 
directors  thereof  and  the  length  of  time  such  corporation  or  any  of  its  officers  have 
been  engaged  in  the  theatrical  business  and  the  amount  of  its  paid-up  capital  stock. 
If  any  allegation  in  such  written,  verified  statement  is  made  upon  information  and 
belief,  the  person  verifying  the  statement  shall  set  forth  the  sources  of  his  information 
and  the  grounds  of  his  belief.  Such  statement  so  on  file  shall  be  kept  for  the  benefit 
of  any  person  whose  services  are  sought  by  any  such  applicant  as  employer. 

Theatrical  contracts. 

$  16.  Every  licensed  person  who  shall  procure  for  or  offer  to  an  applicant  a  theatri- 
cal engagement  shall  have  executed  in  duplicate  a  contract  containing  the  name  and 
address  of  the  applicant;  the  name  and  address  of  the  employer  of  the  applicant  and 
of  the  person  acting  for  such  employer  in  employing  such  applicant;  the  time  and  dura- 
tion of  such  engagement;  the  amount  to  be  paid  to  such  applicant;  the  character  of 
entertainment  to  be  given  or  services  to  be  rendered;  the  number  of  performances  per 
day  or  per  week  that  are  to  be  given  by  said  applicant ;  if  a  vaudeville  engagement,  the 
name  of  the  person  by  whom  the  transportation  is  to  be  paid,  and  if  by  the  applicant, 
either  the  cost  of  the  transportation  between  the  places  where  said  entertainment  or 
services  are  to  be  given  or  rendered,  or  the  average  cost  of  transportation  between  the 
places  where  such  services  are  to  be  given  or  rendered;  and  if  a  dramatic  engagement 
the  cost  of  transportation  to  the  place  where  the  services  begin  if  paid  by  the  applicant; 
and  the  gross  commission  or  fees  to  be  paid  by  said  applicant  and  to  whom.  Such  con- 
tracts shall  contain  no  other  conditions  and  provisions  except  such  as  are  equitable 
between  the  parties  thereto  and  do  not  constitute  an  unreasonable  restriction  of  busi- 
ness. The  form  of  such  contract  shall  be  first  approved  by  the  commissioner  of  labor 
and  his  determination  shall  be  reviewable  by  certiorari.  One  of  such  duplicate  con- 
tracts shall  be  delivered  to  the  person  engaging  the  applicant  and  the  other  shall  be 
retained  by  the  applicant.  The  licensed  person  procuring  such  engagement  for  such 
applicant  shall  keep  on  file  or  enter  in  a  book  provided  for  that  purpose  a  copy  of 
such  contract. 

Act  to  be  posted. 

$  17.  Every  licensed  person  shall  post  in  a  conspicuous  place  in  each  room  of  such 
agency  a  copy  of  this  act.  Such  printed  law  to  also  contain  the  name  and  address  of 
the  officer  charged  with  the  enforcement  of  this  act.  The  commissioner  of  labor  shall 
furnish  printed  copies  of  this  act  to  the  employment  agencies. 

Penalty. 

^8.  Any  person,  firm,  corporation  or  their  agents  or  representatives  violating  or 
omitting  to  comply  with  any  of  the  provisions  of  this  act  shall  be  guilty  of  a  misde- 
meanor, and  upon  conviction  thereof  shall  be  punished  by  a  fine  of  not  less  than  fifty 
dollars  or  more  than  two  hundred  and  fifty  dollars  or  by  imprisonment  for  a  period  of 
not  more  than  sixty  days  or  by  both  such  fine  and  imprisonment. 

Power  of  labor  commissioner. 

§  19.  The  commissioner  of  labor,  his  deputies  and  agents  shall  have  the  power  and 
authority  of  sheriffs  and  other  peace  officers  to  make  arrests  for  violations  of  the 
provisions  of  this  act  and  to  serve  any  process  or  notice  throughout  the  state. 

Repeal  of  acts. 

§  20.  All  acts  and  parts  of  acts  in  conflict  with  the  provisions  of  this  act  are  hereby 
repealed. 


Acta  1374.  1385  GENERAL  LAWS.  709 

1.  Constitutionality — Aft  of  1!>03. — The  exercise  of  the  police  power,  and  violates 
provision  of  section  4  fixing  a  maximum  the  due  process  of  law  clauses  of  the  fed- 
charge  for  employment  agents  Is  an  un-  eral  and  state  constitution. — Ex  parte 
reasonable  limitation  upon  the  right  to  Dickey,  144  Cal.  234,  103  Am.  St.  Rep.  82,  1 
engage  in  a  legitimate  business  and  make  Ann.  Cas.  428,  06  L.  R.  A.  928,  77  Pac.  924. 
lawful  contracts  therein,  and  is  not  a  proper 

FREE  EMPLOYMENT  BUREAUS. 

ACT  1374 — An    act   to   establish   free   emplosmient   bureaus   under   the    control    and 

management  of  the  commissioner  of  the  bureau  of  labor  statistics,  and  making  an 

appropriation  therefor. 

History:    Approved  May  17,  1915.     In  effect  August  8,  1915.     Stats. 
1915,  p.  486. 

Free  employment  bureaus  established. 

$  1.  The  commissioner  of  the  bureau  of  labor  statistics,  hereinafter  called  "com- 
missioner," shall  establish  free  employment  bureaus  in  the  cities  of  San  Francisco,  Los 
Angeles,  Oakland  and  Sacramento,  and  thereafter,  whenever  he  deems  it  necessary,  in 
other  cities  and  towns. 

OflSces,  etc. 

$2.  The  commissioner  shall  procure,  by  lease  or  otherwise,  suitable  oflBces;  incur 
the  necessary  expenses  in  the  conduct  thereof;  appoint  the  necessary  officers,  assistants 
and  clerks,  and  fix  the  compensation  therefor;  and  promulgate  rules  and  regulations 
for  the  conduct  of  free  employment  bureaus  in  order  to  carry  out  the  purposes  of 
this  act. 

Appropriation. 

^  3.  There  is  hereby  appropriated  out  of  the  moneys  of  the  state  treasury,  not 
otherwise  appropriated,  the  sum  of  fifty  thousand  dollars,  to  be  used  by  the  commis- 
sioner in  carrjdng  out  the  provisions  of  this  act,  and  the  controller  is  hereby  directed 
trom  time  to  time  to  draw  his  warrants  on  the  general  fund  in  favor  of  the  commis- 
sioner, for  the  amounts  expended  under  his  direction,  and  the  treasurer  is  hereby 
authorized  and  directed  to  pay  the  same. 

ENGINEER. 

See  tits.  "County  Engineer";  "State  Engineering." 

ESCAPE. 
See  Kerr's  Cyc.  Penal  Code,  $§  105-111;  and  tit.  "Insane  Asylums." 


CHAPTER  103. 

ESCHEAT. 

References:   Alien  claim  to  escheated  estates,  see  tit.  "Aliens." 

Escheated  estates,  see  Kerr's  Cyc.  Code  Civil  Procedure,  §§  1269,  et  aeq. 

CONTENTS  OF  CHAPTER. 
ACT  1385.     Payment  op  Judgments  Against  the  State  for  Estates  Under  §  1272,  C.  C.  P. 

PAYMENT  OF  JUDGMENTS  UNDER  $  1272,  C.  C.  P. 
ACT  1385 — An  act  to  provide  for  the  pajonent  of  awards  of  court,  or  judgments, 
rendered  in  conformity  with  the  provisions  of  section  twelve  hundred  and  seventy- 
two  of  the  Code  of  Civil  Procedure,  and  making  an  appropriation  therefor. 

History:    Approved  May  17,  1915.     In  effect  August  8,  1915.     Stats. 
1915,  p.  470. 


I 


709  ESTATES    OF   DECEASED    PERSONS.  Act  1393,  §  1 

Appropriation:   from  estates  of  deceased  persons  fiind  to  pay  claims  to  escheated 
estates. 

§  1.  From  the  moneys  in  the  state  treasury  to  the  credit  of  the  estates  of  deceased 
persons  fund  there  is  hereby  appropriated  the  sum  of  fifteen  thousand  dollars,  to  be 
used  exclusively  for  the  purpose  of  paying  to  the  persons  entitled  thereto  the  amounts 
to  them,  respectively,  awarded  by  any  final  order,  award,  or  judgment,  made,  given  or 
rendered  by  the  court  having  jurisdiction  of  any  proceeding,  or  action,  instituted  in 
conformity  with  the  provisions  of  section  twelve  hundred  seventy-two  of  the  Code  of 
Civil  Procedure. 

Controller's  warrant. 

$  2.  When  any  such  order,  award,  or  judgment  has  become  final,  a  certified  copy 
thereof  shall  be  filed  in  the  office  of  the  state  controller,  who  shall  thereupon  draw  his 
warrant  upon  the  said  estates  of  deceased  persons  fund  in  favor  of  the  person,  or 
persons,  entitled  thereto,  for  the  sum  awarded  to  each,  respectively,  and  the  state 
treasurer  shall  pay  the  same;  provided,  however,  that  the  aggregate  sum  of  all  war- 
rants so  drawn  and  paid  shall  not  exceed  the  amount  by  this  act  appropriated. 

Unexpended  balance  reverts  to  estates  of  deceased  persons  fund. 

$  3.  Any  balance  of  said  appropriation  remaining  unexpended  on  the  first  day  of 
September,  A.  D.  1917,  shall,  without  further  action,  revert  to  and  become  a  part  of 
said  estates  of  deceased  persons  fund. 

ESCONDIDO. 

See  Act  3094,  note. 


CHAPTER  104. 

ESTATES  OF  DECEASED  PERSONS. 

References:   Collection  of  savings  and  other  bani<  deposits,  see  Kerr's  Cyc.  Code  Civil 

Procedure,  §  1454;  also,  ante,  Act  409,  §  16. 

Corporations  as  executor  and  trustee,  see  tit.  "Corporations,"  Act.  1034. 

Settlement  in  general,  see  Kerr's  Cyc.  Code  Civil  Procedure,  tits.  "Estates  of  Dece- 
dents"; "Executors  and  Administrators";  "Public  Administrators";  "Wills." 

Summary  sales  of  mines  and  mining  interests,  see  Kerr's  Cyc.  Code  Civil  Procedure, 
§§  1529,  et  seq. 

CONTENTS  OF  CHAPTER. 
ACT  1393.     Investment  of  Moneys  in  Estates  of  Deceased  Persons  Fund, 

INVESTMENT  OF  MONEYS  IN  ESTATES  OF  DECEASED  PERSONS  FUND. 
ACT  1393 — An  act  to  provide  for  the  investment  of  the  moneys  in  the  estates  of 
deceased  persons  fund  and  also  to  provide  for  payment  of  interest  received  into  the 
state  school  fund. 

History:    Approved  February  22,  1909,  Stats.  1909,  p.  37. 

Investment  of  funds.    Restriction. 

5  1.  Whenever  and  as  often  as  there  is  in  the  state  treasury  to  the  credit  of  the 
estates  of  deceased  persons  fund  (in  excess  of  the  retention  hereinafter  provided  for) 
the  sum  of  ten  thousand  dollars  or  more,  the  state  board  of  examiners  must  invest  the 
same  in  the  bonds  of  this  state,  or  in  the  bonds  of  the  United  States,  or  in  the  bonds 
of  the  several  counties,  city  and  county,  cities  or  towns,  or  school  districts  of  this  state; 
the  investments  to  be  made  in  such  manner  and  on  such  terms  as  the  board  shall  deem 
best  for  the  fund ;  provided,  that  no  investment  shall  be  made  which  with  the  amounts 
previously  invested  shall  reduce  the  uninvested  portion  of  the  fund  below  the  amount 
of  ten  thousand  dollars. 


Act  1401  GENERAL,  LAWS.  7M 

Bonds,  interest  on,  how  apportioned. 

§  2,  Bonds  purchased  by  the  state  board  of  examiners  under  the  provisions  of  this 
act  must  be  delivered  to  the  state  treasurer,  who  shall  keep  them  as  a  portion  of  said 
estates  of  deceased  persons  fund,  and  the  interest  upon  such  bonds  shall  be  paid  into 
the  state  school  fund  and  apportioned  like  other  moneys  employed  for  the  su^jport  of 
common  schools. 

Fund,  minimiun  amount  in. 

§  3.  It  is  the  intent  of  this  act  that  there  shall  at  all  times  be  retained  in  said  estates 
of  deceased  persons  fund,  in  the  form  of  cash  available  for  meeting  the  demands  of 
persons  holding  legal  claims  against  such  fund,  the  sum  of  at  least  ten  thousand  dollars, 
and  whenever  by  reason  of  payments  made  out  of  the  fund  the  amount  of  cash  therein 
shall  be  reduced  below  the  specified  amount  of  ten  thousand  dollars,  it  shall  be  the  duty 
of  the  state  board  of  examiners  to  sell  such  bonds  belonging  to  said  fund  as  they  may 
deem  proper,  for  the  purpose  of  making  good  the  cash  retention  of  ten  thousand  dollars. 

$  4.     This  act  shall  take  effect  from  and  after  its  passage, 

CHAPTER  105. 

ESTRAYS. 

References:   Animals  In  general,  see  tit.  "Animals." 

Finder  of  lost  property,  including  animals,  see  Kerr's  Cyc.  Civil  Code,  §§  1864,  et  seq. 

Trespassing  animals,  see  tit.  "Trespassing  Animals." 

Trespassing  animals  in  particular  counties,  see  particular  title. 

See,  generally,  tits.  "Goats";  "Hogs";  "Live  Stock";  "Sheep";  "Stallions." 

Editor's  Note. — In  dealing  with  the  large  number  of  local  and  special  statutes,  relating 
to  estrays,  trespassing  animals,  and  animals  running  at  large,  the  code  commissioners 
liave  adopted  the  broad  and  comprehensive  view  that  all  such  statutes  were  repealed 
by  the  general  repealing  act  of  1897  (Act  1401,  history).  While  conceding  that  this  is 
absolutely  true  as  to  estray  laws,  the  editor  feels  some  doubt  as  to  laws  which  are 
clearly  trespass  laws,  and  laws  designed  to  prohibit  the  use  of  the  private  unenclosed 
lands  of  another,  or  public  lands,  for  grazing  or  pasture  purposes,  by  the  animals  of  a 
known  or  unknown  owner,  entitled  acts  to  prevent  certain  classes  of  animals  running 
at  large  in  certain  localities.  If  any  of  these  acts  are  really  estray  laws,  or  have  the 
effect  of  estray  laws,  or  while  providing  for  trespasses  by  animals,  either  upon  enclosed 
or  unenclosed  lands,  provided  for  taking  them  up  and  dealing  with  them  as  estray 
animals,  they  are  perhaps  repealed,  or  repealed  so  far  as  they  deal  with  esti'ays,  but  it 
is  at  least  doubtful  that  they  are  affected  as  trespass  laws  or  laws  prohibiting  animals 
from  running  at  large.  This  doubt  is  sufficient  to  warrant  the  adoption  of  the  strictest 
policy  of  neutrality  in  dealing  with  them.  Ttiose  acts,  therefore,  entitled  as  relating 
to  estrays  are  treated  as  having  been  repealed  by  the  general  repealing  act  of  1897,  and 
all  laws  entitled  as  relating  to  trespassing  animals  or  animals  running  at  large  are 
treated  as  still  in  force,  so  far,  at  least,  as  that  and  other  general  laws  on  the  subject 
are  concerned.  The  question  as  to  whether  they  are  in  force  or  not  will  have  to  be 
determined  judicially,  as  is  proper. 

The  code  continued  all  these  classes  of  acts  in  force,    Kerr's  Cyc.  Political  Code,  §19. 

CONTENTS  OF  CHAPTER. 
ACT  1401.     Estray  Law  op  1901. 

1402.    Local  Option  Estray  Law  of  1919. 

ESTRAY  LAW  OF  190L 
ACT  1401— An  act  relating  to  estrays,  providing  for  tak'ng  them  up  and  giving  a  lien 
on  them  for  all  damages,  costs,  and  expenses  incurred  by  reason  of  taking  them 
up,  and  repealing  all  other  acts  and  parts  of  acts  now  in  force  relating  to  estrays. 

History:  Approved  March  23,  1901,  Stats.  1901,  p.  603.  Amended 
March  20,  1905,  Stats.  1905,  p.  395;  March  6,  1907,  Stats.  1907,  p.  132; 
April  22,  1909,  Stats.  1909,  pp.  1060,  1079;  May  20,  1915.  In  effect 
August  8,  1915.     Stats.  1915,  p.  636. 

Prior  acts:  Act  of  April  19,  1856,  Stats.  1856,  p.  186.  Amended 
March  28,  1859,  Stats.  1859,  p.  147;  January  24,  1860,  Stats.  1860,  p.  9; 
April  4,  1864,  Stats.  1863-64,  p.  386.  Repealed  March  27,  1897,  Stats. 
1897,  p.  198,  which  was  in  turn  repealed  by  the  present  act.  The  amend- 
ing act  of  1859  was  also  supplementary. 


''1  ESTRAYS.  Act  1401,  §§  1-3 

Estray  animals. 

$  1.  Any  person  finding  at  any  time  any  estray  domestic  animal  or  animals  upon 
his  premises,  or  upon  premises  to  which  he  has  the  right  of  possession,  or  upon  high- 
ways adjacent  thereto,  may  take  up  the  same  and  have  a  lien  thereon  for  all  expenses 
incurred  and  costs  in  keeping  and  caring  for  said  animal  or  animals,  as  hereinafter 
provided;  and  no  person  shall  remove  them  from  the  possession  of  the  taker-up,  or 
from  the  possession  of  the  officer  to  whom  they  may  have  been  delivered,  except  as 
hereinafter  provided ;  provided,  however,  in  the  counties  of  Trinity,  Shasta,  Del  Norte, 
Siskiyou,  Lassen  and  Modoc,  any  person  finding  at  any  time  any  estray  domestic  animal 
or  animals  upon  his  premises,  or  upon  premises  to  which  he  has  the  right  of  possession, 
shall  not  have  the  right  to  take  up  said  domestic  animal  or  animals,  nor  shall  he  have  a 
lien  thereon  for  all  or  any  of  the  expenses  incurred  and  costs  in  keeping  and  caring  lor 
said  animal  or  animals,  unless  said  premises  are  entirely  enclosed  with  a  good  and  sub- 
stantial fence.  [Amendment  of  May  20,  1915.  In  effect  August  8,  1915.  Stats.  191d, 
p.  636.] 

Notice  filed  with  recorder.    Publication  of  notice. 

$  2.  Any  person  taking  up  an  estray  animal  or  animals  shall  confine  the  same  in  a 
secure  place,  and  within  five  (5)  days  file  with  the  county  recorder  or  county  pound- 
keeper  of  the  county  in  which  such  estray  is  found,  a  notice  containing  a  description  of 
the  animal  or  animals  taken  up,  with  the  marks  and  brands,  if  they  have  any,  together 
with  the  probable  value  of  each  animal,  and  a  statement  of  the  place  where  the  taker-up 
found,  and  where  he  has  confined  the  same.  The  county  recorder  or  county  pound- 
keeper  shall  receive  for  filing  said  notice  the  sum  of  fifty  cents.  If  the  value  of  said 
animal  or  animals  together  exceed  ten  dollars,  said  notice  must  also  be  published  in  a 
paper  of  general  circulation  within  the  county  at  least  once  a  week  for  three  successive 
weeks,  stating  the  time  on  which  the  animal  or  animals  will  be  delivered  to  the  con- 
stable, as  provided  in  section  five  of  this  act,  or  if  the  finder  knows  the  owner  of  said 
animal  or  the  person  having  charge  thereof,  then,  within  five  days  after  said  animal  is 
taken  up,  he  shall  notify  the  owner  of  said  animal,  or  the  person  having  charge  thereof, 
which  notice  shall  contain  the  same  information  as  the  notice  to  be  recorded,  and  here- 
inbefore provided,  describing  said  animal  so  taken  up,  the  date  when  it  was  taken  up, 
the  place  where  found,  and  the  place  where  kept,  and  no  charge  shall  be  made  for  pre- 
paring and  serving  this  notice.  This  notice  shall  be  in  lieu  of  recording  a  notice  for 
which  notice  he  shall  be  entitled  to  the  sum  of  fifty  cents.  [Amendment  of  May  20, 
1915.    In  effect  August  8,  1915.    Stats.  1915,  p.  637.] 

This  section  was  also  amended  Marcli  20,  1905,  Stats.  1905,  p,  395;  March  6,  1907,  Stats. 
1907,  p.  132;  April  22.  1909,  Stats.  1909,  p.  1079. 

This  section  was  made  a  part  of  the  local  option  estray  law  of  1919  by  reference.  See 
Act  1402,  §  3. 

Person  claiming  animal  to  pay.    Damages. 

§  3.  At  any  time  within  thirty  days  from  the  date  of  the  filing  of  the  notice  specified 
in  section  two  of  this  act,  any  person  claiming  such  estray  animal  or  animals  shall 
appear  and  demand  from  the  taker-up  the  possession  thereof,  and  shall,  at  the  same 
time,  pay  the  taker-up  all  damages,  expenses  and  costs  incurred  by  reason  of  taking  up 
such  animal  or  animals,  and  upon  receiving  such  damages,  exjjenses  and  costs,  the 
taker-up  shall  immediately  deliver  to  the  party  claiming  such  animal  or  animals  the 
possession  thereof.  Such  damages,  expenses  and  costs  shall  be  estimated  as  follows, 
to  wit: 

1.  The  total  amount  paid  by  the  taker-up  to  the  county  recorder,  or  county  pound- 
keeper.  A  reasonable  cost  for  publishing  said  notice,  and  a  reasonable  attorney 's  fee 
for  preparing  the  said  notice  not  to  exceed  two  dollars  and  fifty  cents. 


Act  1401,  §§4,  5 


GENERAL,   LAWS. 


2.  The  sum  of  not  to  exceed  fifty  cents  per  day  for  the  keeping  and  care  of  each 
horse,  mule,  jenny,  ass,  cow,  bull,  ox,  steer,  or  calf; 

3.  The  sum  of  not  to  exceed  fifteen  cents  per  day  for  the  keeping  and  care  of  each 
sheep,  goat,  hog,  or  other  animal  not  hereinbefore  specified:  provided,  that  the  taker-up 
of  said  animal  or  animals  must  properly  feed  and  water  the  same  while  under  his  care; 
and  if  he  fail  so  to  do,  shall  forfeit  all  right  of  lien  thereon.  [Amendment  of  May  20, 
1915.    In  effect  August  8,  1915.    Stats.  1915,  p.  637.] 

This  section  was  also  amended  April  22,  1909,  Stats.  1909,  p.  1080. 

This  section  was  made  a  part  of  the  local  option  estray  law  of  1919,  by  reference.  See 
Act  1402,   §  3. 

Action  over  damages. 

§  4.  If  the  party  claiming  such  estray  animal  or  animals  is  dissatisfied  with  the 
amount  charged  by  the  taker-up  for  costs  and  expenses,  he  shall  tender  to  the  taker-up 
the  proper  amount  therefor,  and  if  the  said  tender  be  refused,  the  party  claiming  such 
estray  animal  or  animals  shall  within  ten  days  thereafter  commence,  in  the  proper  court, 
suit  against  the  taker-up  for  the  recovery  of  the  possession  of  such  estray  animal  or 
animals,  in  which  said  action  the  taker-up  may  set  forth  his  expenses  and  costs,  and 
said  matter  together  with  accruing  expenses  and  costs  to  the  time  of  the  entry  of  the 
judgment,  shall  be  determined  by  the  court  in  accordance  with  the  provisions  of  this 
act,  and  the  amount  of  all  such  expenses  and  costs,  and  the  costs  of  said  action  shall  be 
included  in  any  judgment  awarded  by  said  court,  and  such  costs  in  said  action  shall  be 
in  favor  of  the  plaintiff  in  said  action  and  against  said  defendant,  if  the  court  shall 
find  that  the  amount  tendered  by  the  plaintiff  to  the  defendant  was  not  less  than  the 
proper  amount;  otherwise  said  costs  shall  be  in  favor  of  the  defendant  and  against  the 
plaintiff.  Without  the  consent  of  defendant  in  any  such  action,  no  return  of  such  ani- 
mal or  animals  shall  be  adjudged  until  the  plaintiff  shall  pay  to  the  defendant  or 
deposit  in  court  payable  to  him,  the  amount  of  all  such  expenses  and  costs  in  said  action; 
and  in  case  such  payment  or  deposit  be  not  made  within  ten  days  after  the  same  shall 
have  been  determined  by  the  court,  or  said  action  be  not  prosecuted  with  diligence,  then 
the  said  action  may  be  dismissed  on  motion  of  defendant  without  notice;  in  case  of  such 
dismissal,  the  defendant  shall  have  judgment  for  his  costs.  In  any  such  action  for 
plaintiff  to  recover,  it  shall  be  incumbent  on  him  to  establish  an  existing  right  in  him- 
self to  the  possession  of  such  animal  or  animals.  [Amendment  of  May  20,  1915.  In 
effect  August  8,  1915.     Stats.  1915,  p.  638.] 

This  section  was  made  a  part  of  the  local  option  estray  law  of  1919,  by  reference.  See 
Act  1402,  §  3. 

Sale  of  animals  not  claimed. 

^  5.  If  no  person  appears  and  claims  the  animal  or  animals  taken  up  within  thirty 
days  after  the  filing  of  the  notice  hereinbefore  mentioned  in  section  three  of  this  act; 
or  if  a  person  does  appear  and  claims  the  animal  or  animals  taken  up  within  thirty 
days  after  the  filing  of  the  notice  above  referred  to,  but  shall  fail  to  pay  to  the  taker-up 
the  expenses  and  costs  as  provided  in  section  three  of  this  act,  and  shall  fail  to  com- 
mence and  prosecute  with  diligence  an  action  for  the  recovery  of  the  possession  of  such 
estray  animal  or  animals  within  the  time  required  by  section  four  of  this  act;  or  if  said 
action  shall  be  dismissed;  then  the  taker-up  shall,  in  writing,  notify  a  constable  or  other 
officer  of  the  township  or  county  in  which  said  animal  or  animals  are  held,  which  notice 
shall  specify  that  he  has  complied  with  all  the  provisions  of  this  act,  and  that  a  claimant 
of  said  animal  or  animals  has  failed  to  appear  and  claim  the  same  as  herein  provided, 
or  if  he  has  appeared  that  he  has  failed  to  pay  the  expenses  and  costs  and  has  failed  to 
commence  or  prosecute  with  diligence  an  action  for  the  recovery  of  the  possession  of 
such  animal  or  animals  within  the  time  and  in  the  manner  provided  for  in  this  act,  or 
that  said  action  has  been  dismissed,  and  that  such  animal  or  animals  are  held  by  him 


ri3  ESTRAYS.  Act  1401,  §8  6-10 

subject  to  sale.    Said  constable,  or  ofiQcer,  shall  immediately  proceed  to  sell  such  animal 

or  animals  at  public  sale,  in  conformity  with  the  law  concerning  sales  on  execution,  and 

shall  be  entitled  to  the  same  fees  as  are  provided  by  law  for  sales  under  execution. 

[Amendment  of  May  20,  1915.    In  effect  August  8,  1915.    Stats.  1915,  p.  638.] 

This  section  was  made  a  part  of  the  local  option  estray  law  of  1919,  by  reference.  Act 
1402,  §  3. 

Disposition  of  money  realized. 

^  6.  Out  of  the  money  realized  from  the  sale  of  estrays,  the  constable  or  other  officer 
shall  first  retain  his  fees;  he  shall  then  pay  to  the  taker-up  his  expenses  and  costs 
estimated  as  provided  in  section  3  of  this  act,  or  so  much  thereof  as  the  funds  in  his 
hands  will  permit,  and  the  surplus,  if  any,  he  shall  pay  to  the  county  treasurer  to  be 
held  by  him  for  the  owner  of  the  estray  or  estrays  for  which  it  was  received  in  pay- 
ment. If  any  person  or  persons  shall,  within  one  year  thereafter,  prove  to  the  satisfac- 
tion of  the  board  of  supervisors  of  the  county  in  which  the  estray  or  estrays  were  sold, 
that  he  or  they  are  entitled  to  the  sum  so  held  by  the  county  treasurer,  or  any  part 
thereof,  the  said  board  of  supervisors  shall  order  such  sum  to  be  paid  over  to  the  person 
or  persons;  and  if  not  so  proven  within  one  year,  then  the  same  shall  become  a  part  of 
the  common  school  fund  of  said  county.  [Amendment  of  May  20,  1915.  In  effect 
August  8, 1915.    Stats.  1915,  p.  639.] 

This  section  was  made  a  part  of  the  local  option  estray  law  of  1919,  by  reference.  See 
Act  1402,  S  3. 

Title  to  animals  sold. 

§  7.     All  sales  made  by  any  constable,  or  other  officer,  under  the  provisions  of  this 

act,  shall  convey  a  good  and  valid  title  to  the  purchaser,  and  the  owner  of  the  estray 

or  estrays  so  sold  shall  thereafter  be  barred  from  all  right  to  recover  the  same,  except  as 

provided  in  section  six.    [Amendment  of  May  20,  1915.  In  effect  August  8, 1915.    Stats. 

1915,  p.  639.] 

This  section  was  made  a  part  of  the  local  option  estray  law  of  1919,  by  reference.  Se« 
Act  1402,  §  3. 

Liability  of  taker-up. 

§  8.  The  taker-up  of  an  estray  animal  or  animals  shall  use  reasonable  care  to  pre- 
serve the  same  from  injury,  but  if  an  estray  animal  or  animals  die  or  escape  from  the 
possession  of  the  taker-ui3  at  any  time  while  he  is  holding  the  same  under  the  provisions 
of  this  act,  the  taker-up  shall  not  be  held  liable  in  any  manner  on  account  of  such  animal 
or  animals.  [Amendment  of  May  20,  1915.  In  effect  August  8,  1915.  Stats.  1915, 
p.  639.] 

No  change  was  made  In  this  section  althoug-h  included  in  the  amending  act  of  1915. 

This  section  was  made  a  part  of  the  local  option  estray  law  of  1919,  by  reference.  See 
Act  1402.   §  3. 

Cities  not  affected. 

§  9.  Nothing  in  this  act  shall  affect  the  laws  or  regulations  in  force  or  which  may 
be  in  force  regarding  estrays,  the  poundkeeper,  or  other  pound  officer  within  the  limits 
of  any  city  or  town  where  laws  regarding  estrays  are  in  force.  [Amendment  of  May  20, 
1915.    In  effect  August  8, 1915.    Stats.  1915,  p.  639.] 

No  change  was  made  in  this  section,  although  included  by  the  amending  act  of  1915. 

This  section  was  made  a  part  of  the  local  option  estray  law  of  1919,  by  reference.  See 
Act  1402,  i  3. 

Act  not  repealed. 

^  10.  Nothing  herein  contained  shall  be  held,  deemed  or  construed  to  repeal  an  act, 
entitled  "An  act  concerning  lawful  fences,  and  animals  trespassing  upon  premises  law- 
fully enclosed,"  passed  March  30, 1850,  nor  to  repeal  an  act,  entitled  "An  act  concerning 
lawful  fences  in  the  counties  of  San  Bernardino,  Colusa,  Shasta,  Tehama  and  Placer," 


Act  1402, 


1.2 


GENERAL.   LA\l'S. 


714 


approved  April  18, 1859,  in  so  far  as  the  provisions  of  said  acts,  and  each  thereof,  apply 
to  or  affect  the  counties  of  Trinitj^,  Shasta,  Del  Norte,  Siskiyou,  Modoc  and  Lassen,  but 
as  to  said  counties,  and  each  thereof,  said  acts  are  hereby  expressly  continued  in  force, 
it  being  hereby  determined  that  the  present  conditions  prevailing  in  said  counties  last 
named  are  such  as  to  justify  and  demand  the  continued  application  of  said  statutes  to 
said  counties.  [Amendment  of  May  20,  1915.  In  effect  August  8,  1915.  Stats.  1915, 
p.  639.] 

See  tit.  "Fences,"  acts  1492,  1494. 


The  amending  act  of  1915  purports  to 
amend  the  entire  act,  and  omits  entirely 
section  9a,  and  contains  no  reference  to  the 
subject-matter  thereof.  It  is  therefore 
omitted  here. — See  Stats.  1909,  p.  1060. 

1.  Strict  construction  of  estray  statutes. 
— The  act  of  1863  (Stats.  186.3,  p.  697),  and 
all  other  statutes  prescribing  modes  by 
which  a  party  may  be  divested  of  his  prop- 
erty without  his  consent  must  be  strictly 
construed. — Trumpler  v.  Bemerly,  39  Cal. 
490. 

2.  Rule  of  common  lavr  not  abrogated. — 
This  act  did  not  abrogate  the  rule  of  the 
common  law  as  to  trespassing  animals 
adopted  as  to  certain  counties  by  the  act  of 
1878  (Act  5246c). — Blevins  v.  Mullally,  22 
Cal.  App.   519,   135   Pac.   307. 

3.  Rule  of  common  la^v  in  force. — It  is 
MOW  settled  law  in  California  that  the  com- 
mon law  rule  applies  in  those  counties 
which  have  been  excepted  from  the  opera- 
tion of  the  so-called  "Fence  Law"  of  1850 
(131),  the  "Estray  Act"  of  1851  (299)  and 
the  successors  of  those  statutes  notwith- 
standing the  new  "Trespassing  Act"  of  1907 
(999),  which  declares  it  unlawful  for  any 
person  In  possession  of  any  animal  to  per- 
mit it  to  enter  upon  the  lands  of  another 
"in  all  cases  where  such  land  is  planted  to 
growing  crops,"  and  Is  at  the  time  entirely 
enclosed  by  a  substantial  fence  or  other 
enclosure. — Montezuma,  etc.,  Co.  v.  Sim- 
merly,   58   Cal.  Dec.  563. 

4.  Repeal  of  prior  estray  laT\'s. — The  es- 
tray act  of  1915  repeals  all  "fence  laws"  in 
all    the    counties    of    this    state    except    the 


six  counties  specified. — ^Montezuma,  etc.,  Co. 
v.  Simmerly,   58  Cal.  Dec.   563. 

.5.  Complaint  for  dnmagres  for  trespasN 
of  animals. — Allegations  of  the  complaint 
in  this  case  held  to  state  a  cause  of  action 
for  damages  for  trespass  on  unenclosed 
lands. — Montezuma,  etc.,  Co.  v.  Simmerly, 
58  Cal.  Dec.   563. 

6.  Lien  of  taker  np. — Where  stock  is 
properly  taken  up,  the  taker  up  is  entitled 
to  a  lien  under  the  estray  act  for  the 
amount  of  his  costs  and  expenses,  until 
tendered  the  amount  of  such  costs  and  ex- 
penses by  the  owners  in  satisfaction  of  the 
lien. — Blanchard  v.  Vandamme,  30  Cal.  App. 
Dec.  768. 

7.  Same — Tender  of  costs  and  expenses 
to  taker  up. — ^The  owners  of  stock  properly 
taken  up  under  the  "Estray  Act"  are  not  en- 
titled to  the  possession  of  the  same  so  as 
to  entitle  them  to  maintain  an  action  for 
claim  and  delivery  unless  they  have  paid 
or  tendered  the  costs  and  expenses  of  the 
taker  up,  or  the  latter  has  waived  his  lien. 
— Blanchard  v.  Vandamme,  30  Cal.  App. 
Dec.  768. 

S.  Where  the  taker  np  of  stock  under 
the  "Estray  Act"  claimed  more  than  he  was 
entitled  to  under  the  law,  the  owner  must 
nevertheless  tender  an  amount  to  which  the 
taker  up  is  entitled  to  claim,  before  he  can 
maintain  an  action  in  claim  and  delivery. — 
Blanchard  v.  Vandamme,  30  Cal.  App.  Dec. 
768. 

Constitutionality  of  statutes  relating  to 
estrays. — See    8    Am.    St.    Rep.    271,    note. 


LOCAL  OPTION  ESTRAY  LAW  OF  1919. 
ACT  1402 — An  act  relating  to  estrays,  providing  for  taking  them  up  and  giving  a  lien 
on  them  for  damages,  costs,  and  expenses  incurred  by  reason  of  taking  them  up. 
History:     Approved  May  25,   1919.     In   effect  July  25,   1919.     Stats. 
1919,  p.  1150. 

Estray  domestic  animals  may  be  taken  up. 

§  1.  Any  person  finding  at  any  time  any  estray  domestic  animal  or  animals  upon  his 
premises,  or  upon  premises  to  which  he  has  the  right  of  possession,  may  take  up  the 
same  and  have  a  lien  thereon  for  all  expenses  incurred  and  costs  in  keeping  and  caring 
for  said  animal  or  animals,  as  hereinafter  provided;  and  no  person  shall  remove  them 
from  the  possession  of  the  taker-up,  or  from  the  possession  of  the  officer  to  whom  they 
may  have  been  delivered,  except  as  hereinafter  provided. 

"Premises."    Substantial  fence  defined. 

§  2.  Whenever  the  term  "premises"  is  used  in  this  act,  it  shall  be  construed  Id 
mean  land  entirely  enclosed  with  a  good  and  substantial  fence,  and  none  of  the  provi- 
sions of  this  act  shall  apply  to  any  unfeneed  lands.  No  wire  fence  shall  be  deemed  a 
good  and  substantial  fence  within  the  meaning  of  this  act  unless  the  same  has  three 


i 


713  ESTRAYS.  Act  1402,  §§  3-7 

tigbtlj'  stretched  barbed  wires  securely  fastened  to  posts  of  reasonable  strength,  firmly 
set  in  the  ground  not  more  than  one  rod  apart,  one  of  which  wires  shall  be  at  least  four 
feet  above  the  surface  of  the  ground ;  provided,  however,  that  any  kind  of  wire  or  other 
fence  of  height,  strength  and  capacity,  equal  to  or  greater  than  the  wire  fence  herein 
described  shall  also  be  deemed  a  good  and  substantial  fence  within  the  meaning  of 
this  act. 

Enforcement  of  lien. 

^  3.  Any  such  lien  shall  be  enforced  in  the  manner  prescribed  by  the  provisions  of 
sections  two  to  nine  inclusive  of  the  act  entitled  "An  act  relating  to  estrays,  providing 
for  taking  them  up  and  giving  a  lien  on  them  for  all  damages,  costs,  and  expenses 
incurred  by  reason  of  taking  them  up,  and  repealing  all  other  acts  and  parts  of  acts 
now  in  force  relating  to  estrays,"  approved  March  23,  1901,  as  amended,  which  sec- 
tions are  incorporated  herein  and  made  a  part  hereof. 

Election  in  supervisorial  district  to  make  act  operative. 

§  4.  The  provisions  of  this  act  shall  not  become  operative  or  effective  in  any  super- 
visorial district  until,  at  a  general  election  or  at  a  special  election  called  for  that  pur- 
pose by  the  board  of  supervisors,  the  electors  of  the  district  shall  have  declared  by 
a  majority  vote  in  favor  thereof.  The  form  of  the  ballot  shall  be  substantial!}'  as 
folloAvs : 


Shall  the  provisions  of  this  act 
become  effective? 


YES 


NO 


To  vote  for  making  effective  the  provisions  of  this  act,  electors  shall  stamp  a  cross 
in  the  square  opposite  the  word  "Yes"  on  the  ballot.  To  vote  against  making  effective 
the  provisions  of  this  act,  electors  shall  stamp  a  cross  in  the  square  opposite  the  word 
"No."  Such  an  election  shall  be  conducted  and  the  ballots  cast  thereat,  counted, 
canvassed  and  returned  as  in  the  ease  of  the  election  of  a  member  of  the  county  board 
of  supervisors. 

Exceptions. 

§  5.  Except  in  such  districts  as  shall  hereafter  elect  to  accept  the  provisions  of  this 
act  by  the  method  set  forth  in  section  four  hereof,  none  of  the  provisions  of  any  act 
of  this  state  relative  to  or  affecting  estrays  shall  be  repealed,  modified  or  effected 
hereby. 

Counties  excepted. 

$  6.  None  of  the  provisions  of  the  act  shall  apply  to  the  counties  of  Del  Norte, 
Lassen,  Modoc,  Shasta,  Siskiyou  or  Trinity. 

C  onstitutionality . 

^  7.  If  any  section,  subsection,  sentence,  clause  or  phrase  of  this  act  is  for  any 
reason  held  to  be  unconstitutional,  such  decision  shall  not  affect  the  validity  of  the 
remaining  portions  of  this  act.  The  legislature  hereby  declares  that  it  would  have 
passed  this  act,  and  each  section,  subsection,  sentence,  clause  and  phrase  thereof,  irre- 
spective of  the  fact  that  any  one  or  more  other  sections,  subsections,  sentences,  clauses 
or  phrases  be  declared  unconstitutional. 

Conntitutionality  of  statutes  relating  to  inclusive  of  the  act  of  1901  (Act  1401)  were 
estrays. — See   8    Am.    St.    Rep.    271,    note.  re-enacted    as    a   part   of    this   act   by    refer- 

Re-enacted  by  reference. — Sections  2  to  P        ence. — See  §  3. 

ETNA. 

See  Act  3094,  note. 


Acts    1425,1420 


tilCMilRAl.  LAWS. 


71« 


CHAPTER  106. 
EUREKA. 

CONTENTS  OF  CHAPTER. 
ACT  1425.    Freeholders'  Charter  of  Eureka. 

1426.  Legalizing  the  Murray  Survey  of  Clark's  Addition. 

1427.  Ceding  the  Water  Front  to  Eureka. 

1429.  Creating  a  Police  Court. 

1430.  Tide  and  Submerged  Land  Grant. 

FREEHOLDERS'  CHARTER. 
ACT  1425— Charter  of  the  city  of  Eureka. 

History:  Voted  for  and  ratified  at  a  special  election  held  January  26. 
1895.  Approved  February  8,  1895.  Amended  February  25,  1907,  Stats. 
1907,  p.  1172;  March  24,  1911,  Stats.  1911,  p.  2036;  March  31,  1913, 
Stats.  1913,  p.  1544;  January  25,  1917,  Stats.  1917,  p.  1742.  Eureka 
was  originally  incorporated  April  18,  1856,  Stats.  1856,  p.  103.  Amended 
February  14,  1857,  Stats.  1857,  p.  22.  Repealed  by  the  act  of  April  9, 
1859,  Stats.  1859,  p.  192,  reincorporating  the  town.  This  last  act  was 
amended  March  13,  1862,  Stats.  1862,  p.  55;  March  12,  1864,  Stats. 
1863-64,  p.  165;  March  1,  1872,  Stats.  1871-72,  p.  186,  and  repealed  by 
the  act  of  reincorporation  of  February  10,  1874,  Stats.  1873-74,  p.  91. 
This  last  act  was  amended  March  18,  1876,  by  a  supplementary  act  of 
that  date.  Stats.  1875-76,  pp.  333-334,  and  was  superseded  by  the  present 
charter.  The  act  of  March  8,  1878,  Stats.  1877-78,  p.  184,  empowering 
the  common  council  to  set  as  a  board  of  equalization,  was  superseded 
by  the  charter. 


1.  HarJior  commissioners  —  Provisions  of 
code  not  superseded. — The  charter  does  not 
have  the  effect  of  superseding-  the  sections 
of  the  Political  Code  relating  to  the  harbor 
commissioners  and  the  harbor  master. — 
Quigg-  V.  Evans.  121  Cal.  546,  53  Pac.  1093. 

2.  Dedication  of  A  street. — The  act  of 
the  legislature  in  incorporating  the  town 
of  Eureka  did  not  operate  as  a  dedication 
of  A  street  in  said  town,  named  therein  as 
a  part  of  the  boundary  of  the  town. — City 
of  Eurel^a  v.  McKay  &  Co.,  123  Cal.  666,  56 
Pac.  439. 

3.  City  council  as  board  of  equalization. 
— Where  the  charter  makes  the  general  law 
of  taxation  and  revenue  applicable  to  the 
city,  the  city  council  have  the  same  power 
as  the  county  supervisors  as  to  equaliza- 
tion in  cases  of  undervaluation,  and  may 
make  a  special  contract  for  an  abstract  of 
the  assessment  roll,  with  comparisons  with 
the  county  assessment  roll  and  maps  and 
other  data  relative  to  undervaluation  to 
facilitate  the  performance  of  their  work, 
and  to  order  payment  of  compensation- 
therefore  out  of  the  city  treasury. — Maurer 
V.  Weatherby,  1  Cal.  App.  243,   81  Pac.  1083. 

4.  Journal  of  city  council  —  Record  of 
Ayes  and  Noes. — The  provision  of  the  char- 
ter that  a  journal  of  the  proceedings  of  the 
city  council  be  kept  by  the  city  clerk,  and 
that   the    ayes    and   noes    be    taken    and    en- 


tered therein  in  the  final  action  upon  the 
making  of  contracts  is  complied  witli, 
where  the  journal  record  as  kept  that  a 
regular  adjourned  meeting  of  the  council 
was  held  on  the  date  specified,  that  certain 
members  of  the  council  were  present  com- 
prising a  quorum  thereof,  that  the  Mayor 
and  a  councilman  were  absent,  and  that  all 
present  voted  in  favor  of  the  measure  speci- 
fied.— Goodyear,  etc.,  Co.  v.  Eureka,  135 
Cal.   613,   67  Pac.  1043. 

5.  Contracts — Provisions  of  cliarter  as 
to  making',  to  be  read  togctiier. — The  sev- 
eral sections  of  the  charter  relating  to  the 
making  of  a  contract  must  be  read  together, 
and  so  read,  the  countersigning  by  the 
finance  committee,  and  the  numbering  and 
registering  of  the  contract  is  not  one  of  the 
essentials  to  the  validity  of  a  contract. — 
Goodyear,  etc.,  Co.  v.  Eureka,  135  Cal.  613, 
67  Pac.   1043. 

6.  Contracts — To  be  in  writing. — ^Where 
the  charter  contains  a  valid,  stringent,  and 
prohibitive  provision  requiring  city  con- 
tracts to  be  in  writing,  or  under  tlie  author- 
ity of  a  special  ordinance,  a  contract  for 
city  printing,  not  made  as  required,  though 
made  to  the  lowest  bidder  and  under  sealed 
proposals,  is  Invalid,  and  not  binding  upon 
the  city. — Times  Publishing  Co.  v.  Weath- 
erby, 139  Cal.  618,  73  Pac.  465, 


LEGALIZING  THE  MIIRRAY  SURVEY. 
ACT  1426 — An  act  to  legalize  the  survey  of  Clark's  addition  to. 

History:    Approved  March  26,  1870,  Stats.  1869-70.  p. 


395. 


This  act  legalized  the  so-called  MLUiay  survey  of  Clark's  addition  to  Che  town  of  Eurelca. 


717  ErREKA.  Acts  1427-1430,  §  1 

CESSION  OF  WATER  FRONT  TO  EUREKA. 
ACT  1427 — An  act  to  cede  certain  property  to  the  town  of  Eureka. 

History:    Approved  March  13,  1857,  Stats.  1857,  p.  76. 

This    act    ceded     to     Eureka    the     entire  to  the  city  the   entire  matter  of  dedication 

waterfront  of   the   town.  of    streets    over    and    across    the    lands    so 

1.     The  act  of  1S57  ceding  the  water  front  ceded. — City  of  Eureka  v.  McKay  &  Co.,  123 

and    adjacent    marsh    lands    to    Eureka   left  Cal.  666,  56  Pac.  439. 

CREATING  A  POLICE  COURT. 
ACT  1429 — An  act  to  establish  a  police  court  in  and  for  the  city  of  Eureka. 
History:    Approved  March  26,  1895,  Stats.  1895,  p.  91. 

Eureka  police  court. 

$  1.  A  police  court  is  hereby  established  within  and  for  the  city  of  Eureka  in  said 
state  of  California,  which  shall  be  piresided  over  by  the  police  judge.  The  police  court 
shall  have  and  exercise  the  jurisdiction,  powers,  and  duties  as  prescribed  in  the  Code 
of  Civil  Procedure  and  the  Political  Code  of  the  state  of  California,  and  the  charter 
and  ordinances  of  the  said  city  of  Eureka;  and  all  proceedings  therein  shall  be  had  in 
conformity  with  the  provisions  of  the  various  codes  of  this  state. 

$  2.     This  act  shall  take  effect  immediately. 

1.  Charter  provision  creating  police  court.  2.  Police  conrt. — The  charter  of  Eureka 
— If  the  charter  provision  creating  a  police  made  provision  for  a  police  court;  but  sec- 
court  had  been  made  pursuant  to  the  au-  tion  8^,  article  XI,  of  the  constitution  had 
thorization  of  section  8^4,  article  XI  of  the  not  then  been  adopted,  and  the  charter 
constitution,  it  would  not  only  have  been  provisions  were  inoperative,  and  the  sub- 
valid,  but  the  legislature  would  have  had  sequent  adoption  of  that  section,  author- 
no  power  to  pass  this  act;  or,  if  the  act  izing  the  establishment  of  such  courts  by 
had  already  become  a  law  upon  the  adop-  freeholder  charters,  did  not  revive  or  vali- 
tion  of  the  charter  provision,  the  latter  date  the  charter  provision  which  was  void 
would  have  superseded  the  act. — Fleming  from  its  inception. — Fleming  v.  Hauce,  153 
V.  Hauce,  153  Cal.  162,  94  Pac.  620.  See,  also,  Cal.  162,  94  ac.  620.  See,  also,  Ex  parte 
Graham  v.  Mayor,  etc.,  of  Fresno,  151  Cal.  Sparks,  120  Cal.  395,  52  Pac.  715. 
465,   91   Pac.   147. 

TIDE  AND  SUBMERGED  LAND  GRANT. 

ACT  1430 — An  act  granting  to  the  city  of  Eureka  tide  and  submerged  lands  of  the 

state  of  California,  including  the  right  to  wharf  out  therefrom  to  the  city  of  Eureka, 

and  regulating  the  management,  use  and  control  thereof. 

History:    Approved  May  15,  1915.     In  effect  August  8,  1915.     Stats. 
1915,  p.  724. 

Tide  lands  granted  Eureka. 

§  1.  There  is  hereby  granted  to  the  city  of  Eureka,  a  municipal  corporation  of 
the  state  of  California,  and  to  its  successors,  all  the  right,  title  and  interest  of  the 
state  of  California,  held  by  said  state  by  virtue  of  its  sovereignty,  in  and  to  all  tide 
and  submerged  lands,  whether  filled  or  unfilled,  situate  in  the  county  of  Humboldt, 
state  of  California,  and  described  as  follows,  to  wit : 

Boundaries. 

Beginning  at  the  comer  common  to  sections  14,  15,  22  and  23,  T.  5  N.,  R.  1  W., 
H.  M. ;  thence  north  between  sections  14  and  15,  T.  5  N.,  R.  1  W.,  H.  M.,  1,167.24  feet 
to  the  United  States  bulkhead  line  (established  by  the  United  States  government  for 
the  harbor  lines  of  Humboldt  bay)  said  bulkhead  line  being  the  south  line  of  Areata 
channel;  thence  along  said  United  States  bulkhead  line  N.  68°  37'  20"  E.  251.37  feet; 
N".  62°  49'  05"  E.  503.05  feet;  N.  54°  30'  36"  E.  1,559.20  feet  to  the  end  of  said  bulkhead 
line  as  established  at  present;  thence  continuing  along  the  low  water  line  of  Humboldt 


Act  1-130,  §  1  GENKRAL.   LA^VS.  TIS 

bay  or  the  south  margin  of  the  Areata  channel  N.  57°  54'  36"  E.  2,140.31  feet;  thence 
leaving  said  south  margin  of  Areata  channel  and  run  S.  27°  49'  46"  E.  2,090.27  feet; 
thence  S.  67°  16'  W.  2,580.85  feet  to  the  end  of  the  present  bulkhead  line  as  established 
along  the  north  margin  of  Eureka  channel  by  the  United  States  government;  thence 
along  said  United  States  government  bulkhead  line  above  mentioned  S.  65°  02'  57"  W. 
2.069.85  feet  to  the  section  line  running  between  sections  22  and  23,  T.  5  N.,  R.  1  W., 
H.  M. ;  thence  north  along  said  section  line  411.35  feet  to  the  point  of  beginning,  con- 
taining 189.10  acres;  provided,  that  all  that  portion  of  land  within  the  above  described 
property  conforming  to  the  following  description,  to  wit:  All  that  portion  of  Woodley 
island  lying  east  of  the  section  line  between  sections  14  and  15  and  22  and  23,  T.  5  N., 
R.  1  W.,  H.  M.,  and  claimed  by  Carson,  Ohman  and  Elsemore,  consisting  of  14.8  acres, 
and  all  that  portion  of  Daby  island  within  the  above-mentioned  descrijjtion  claimed  by 
Thomas  Bair,  consisting  of  18.1  acres,  shall  be  excluded  from  this  conveyance,  leaving 
thereby  subject  to  this  grant  a  net  acreage  of  156.2  acres. 

Said  lands  shall  be  forever  held  by  said  city,  and  by  its  successors,  in  trust  for  the 
uses  and  purposes,  and  upon  the  express  conditions  following,  to  wit : 

Purposes  for  which  held.    Maximum  term  of  lease.    Persons  now  in  possession. 

That  said  lands  shall  be  used  by  said  city  and  its  successors,  solely  for  the  establish- 
ment, improvement  and  conduct  of  a  harbor,  and  for  the  construction,  maintenance  and 
operation  thereon  of  wharves,  docks,  piers,  slips,  quays,  and  other  utilities,  structures 
and  appliances  necessary  or  convenient  for  the  promotion  and  accommodation  of  com- 
merce and  navigation,  and  said  city,  or  its  successors,  shall  not,  at  any  time,  grant,  con- 
vey, give  or  alien  said  lands,  or  any  part  thereof,  to  any  individual,  firm  or  corporation  for 
any  purpose  whatever;  provided,  that  said  city,  or  its  successors,  may  grant  franchises 
thereon,  for  limited  periods,  for  wharves  and  other  public  uses  and  purposes,  and  may 
lease  said  lands,  or  any  part  thereof,  for  limited  periods,  for  purposes  consistent  with 
the  trusts  upon  which  said  lands  are  held  by  the  state  of  California  and  with  the 
requirements  of  commerce  or  navigation  at  said  harbor,  for  a  term  not  exceeding 
twenty-five  years,  and  on  such  other  terms  and  conditions  as  said  city  may  determine, 
including  a  right  to  renew  such  lease  or  leases  for  a  further  term  not  exceeding  twenty- 
five  years  or  to  terminate  the  same  on  such  terms,  reservations  and  conditions  ais  may  be 
stipulated  in  such  lease  or  leases,  and  said  lease  or  leases  may  be  for  any  and  all 
purposes  which  shall  not  interfere  with  navigation  or  commerce,  with  reversion  to  said 
city  on  the  termination  of  such  lease  or  leases  of  any  and  all  improvements  thereon, 
and  on  such  other  terms  and  conditions  as  the  said  city  may  determine,  but  for  no 
purpose  which  will  interfere  with  navigation  or  commerce;  subject  also  to  a  reserva- 
tion in  all  such  leases  or  such  wharfing  out  privileges  of  a  street,  or  of  such  other 
reservation  as  the  said  city  may  determine  for  sewer  outlets,  and  for  gas  and  oil 
mains,  and  for  hydrants,  and  for  electric  cables  and  wires,  and  for  such  other  conduits 
for  municipal  purposes,  and  for  such  public  and  municipal  purposes  and  uses  as  may 
be  deemed  necessary  by  the  said  city;  provided,  however,  that  each  person,  firm  or 
corporation  or  their  heirs,  successors  or  assigns  now  in  possession  of  land  or  lands 
abutting  on  said  lands  within  the  boundaries  of  the  city  of  Eureka,  shall  have  a  right 
to  obtain  a  lease  for  a  term  of  twenty-five  years  from  said  city  of  said  land  and 
wharfing  out  privileges  therefrom  with  a  right  of  renewal  for  a  further  term  of 
twenty-five  years  pursuant  to  the  provisions  of  this  act  and  on  such  terms  and  con- 
ditions as  said  city  may  determine  and  specify,  subject  to  the  right  of  said  city  to 
terminate  said  lease  at  the  end  of  the  first  twenty-five  years  or  refuse  to  renew  the 
same,  or  to  terminate  the  lease  so  renewed  during  the  term  of  such  renewed  lease  on 
such  just  and  reasonable  terms  for  compensation  for  improvements  at  the  then  value  of 
said  improvements  as  said  city  may  determine  and  specify. 


719  EUREKA*  Act  1430,  §  1 

Quitclaim  to  city. 

Upon  obtaining  such  lease  and  w^harfing  out  privileges  such  person,  firm  or  cor- 
poration, their  heirs  or  assigns,  shall  quitclaim  to  said  city  any  right  they  or  any  of 
them  may  claim  or  have  to  the  said  lands  hereby  granted. 

This  grant  shall  carry  the  right  to  such  city  of  the  rents,  issues  and  profits  in  any 
manner  hereafter  arising  from  the  lands  or  wharfing  out  privileges  hereby  granted. 

State's  right  to  use  docks. 

The  state  of  California  shall  have,  at  all  times,  the  right  to  use,  without  charge,  all 
wharves,  docks,  piers,  slips,  quays  and  other  improvements  constructed  on  said  lands 
or  any  part  thereof,  for  any  vessel  or  other  water  craft,  or  railroad,  owned  or  operated 
by  the  state  of  California. 

No  discrimination  in  rates. 

No  discrimination  in  rates,  tolls  or  charges  or  in  facilities  for  any  use  or  service  in 
connection  therewith  shall  ever  be  made,  authorized  or  permitted  by  said  city  or  its 
successors  in  the  management,  conduct  or  operation  of  any  of  the  utilities,  structures 
or  appliances  mentioned  in  this  section. 

Right  to  fislL 

There  is  hereby  reserved  in  the  people  of  the  state  of  California  the  right  to  fish 
in  the  waters  on  which  said  lands  may  front  with  the  right  of  convenient  access  to  said 
waters  over  said  lands  for  said  purpose. 

EXETER. 
See  Act  3094,  note. 


Act  1434.  g§  1-3  GEN£:RAL.  LAWS.  720 

CHAPTER  107. 

EXPLOSIVES. 

References:   Bringing  explosives  into  jaiis  and  other  Institutions,  see  Kerr's  Cyc.  Ponal 
Code,  §  171a. 
Burglary  witli  explosives,  see  Kerr's  Cyc.  Penal  Code,  §  464. 
Fishing,  use  of,  for,  see  Kerr's  Cyc.  Penal  Code,  §  635. 
Keeping,  carrying,  etc.,  in  cities,  see  Kerr's  Cyc.  Penal  Code,  §  375. 
Malicious  use  of,  etc.,  see  Kerr's  Cyc.  Penal  Code,  §  601. 
Railroad  track,  placing  on,  see  Kerr's  Cyc.  Penal  Code,  §  218. 
Record  of  sales  of,  see  Kerr's  Cyc.  Penal  Code,  §  375a. 

CONTENTS  OF  CHAPTER. 

ACT  1434.    Pkotection  of  Life  and  Property  Against  Careless  and  Malicious  Use. 
1435.     Transportation,  Storage  and  Sale  of  Explosives. 

PROTECTION  OF  LIFE  AND  PROPERTY  AGAINST  USE  OF  EXPLOSIVES. 

ACT  1434 — An  act  to  protect  life  and  property  against  the  careless  and  malicious  use 

or  handling  of  dynamite  and  other  explosives. 

History:    Approved  March  12,  1887,  Stats.  1887,  p.  110.     §§  1,  2,  3,  4 
were  codified  by  §  375a,  Penal  Code,  §  8  by  §  601,  Penal  Code. 

Keep  record  of  sales. 

§  1.  It. is  the  duty  of  each  and  every  person,  contractor,  firm,  association,  joint  stock 
company,  and  corporation,  manufacturing,  storing,  selling,  transferring,  disposing  of,  or 
in  any  manner  dealing  in  or  with  or  using  or  giving  out,  nitro-glycerine,  dynamite, 
vigorite,  hercules  powder,  giant  powder,  or  other  high  explosive,  by  whatever  name 
known,  to  keep  at  all  times  an  accurate  journal,  or  book  of  record,  in  which  must  be 
entered,  from  time  to  time,  as  they  are  made,  each  and  every  sale,  delivery,  transfer, 
gift,  or  other  disposition  made  by  such  person,  firm,  association,  joint  stock  company, 
or  corporation,  in  the  course  of  business  or  otherwise,  of  any  quantity  of  such  explosive 
substance. 

This  section  was  codified  by  i  375a,  Penal  Code. 

What  record  must  show. 

§  2,  Such  journal  or  record  book  must  show,  in  a  legible  handwriting  to  be  entered 
therein  at  the  time,  a  complete  history  of  each  transaction,  stating  the  name  and  quan- 
tity of  the  explosive  sold,  delivered,  given  away,  transferred,  or  otherwise  disposed  of; 
the  name,  place  of  residence,  or  business  of  the  purchaser  or  transferee;  the  name  of 
the  individual  to  whom  delivered,  with  his  or  her  address,  with  a  description  of  such 
individual  sufficient  to  provide  for  identification. 

This  section  was  codified  by  §  375a,  Penal  Code. 

Records  subject  to  examination  of  peace  of&cer. 

$  3.  Such  journal  or  record  book  must  be  kept,  by  the  person,  firm,  association,  joint 
stock  company,  or  corporation  so  selling,  delivering,  or  otherwise  disposing  of  such 
explosive  substance  or  substances,  in  his  or  their  principal  office  or  place  of  business, 
at  all  times  subject  to  the  inspection  and  examination  of  the  peace  officers  or  other 
police  authorities  of  the  state,  county,  city  and  county,  or  municipality  where  the  same 
is  situated,  on  proper  demand  made  therefor,  any  failure  or  neglect  to  keep  such  book, 
or  to  make  the  proper  entries  therein  at  the  time  of  the  transaction,  as  herein  provided, 
or  to  exhibit  the  same  to  the  peace  officers  or  other  police  authorities  on  demand,  shall 
be  deemed  a  misdemeanor,  and  punished  accordingly. 

This  section  was  codified  by   S  375a,   Penal  Code. 


I 


721  EXPLOSIVES.  Act  1434,  §§  4-8 

Forfeiture  in  addition  to  punishment. 

$  4.  In  addition  to  such  punishment,  and  as  a  cumulative  penalty,  such  person,  firm, 
association,  joint  stock  company,  or  corporation  so  offending,  shall  forfeit,  for  each 
offense,  the  sum  of  two  hundred  and  fifty  dollars,  to  be  recovered  in  any  court  of  com- 
petent jurisdiction,  by  action  at  law.  The  party  so  instituting  such  actions  shall  not  be 
entitled  to  dismiss  the  same  without  consent  of  the  court  before  which  the  suit  has 
been  instituted.  Nor  shall  any  judgment  recovered  be  settled,  satisfied,  or  discharged, 
save  by  order  of  such  court,  after  full  payment  into  court,  and  all  moneys  so  collected 
shall  be  paid  to  the  party  bringing  the  suit. 

This  section  was  codified  by  §  375a,   Penal  Code. 

Prohibiting  reckless  possession  of  explosives. 

§  5.  Any  person  who,  in  the  public  street  or  any  highway  of  any  county,  city  and 
county,  city,  or  town  or  city,  or  at,  in,  or  near  to  any  theater,  hall,  public  or  private 
school,  or  college,  church,  hotel,  or  other  public  building,  or  at,  in,  or  near  to  any 
private  habitation  or  in,  on  board  of,  or  near  any  railway  passenger  train,  or  car  or 
train,  or  cable  road,  or  car  of  the  same,  or  steam  or  other  vessel,  engaged  in  carrying 
passengers,  or  ferryboat,  or  other  public  place  where  human  beings  ordinarily  pass  and 
repass,  shall  recklessly  or  maliciously  have  in  his  or  her  possession  any  dynamite,  nitro- 
glycerine, vigorite,  hercules  powder,  giant  powder,  or  other  high  explosives;  or  who  shall 
recklessly  or  maliciously  by  use  of  such  means  intimidate,  terrify,  or  endanger  any 
human  being,  is  guilty  of  a  felony,  and  on  conviction  shall  be  punished  accordingly. 

Defining  reckless  possession. 

§  6.  Any  person  not  regularly  engaged  in  the  manufacture,  sale,  transportation,  or 
legitimate  use  in  blasting  operations,  or  in  the  arts,  of  such  substances  as  are  named  in 
this  act,  shall  be  presumed  (prima  facie)  to  be  guilty  of  a  reckless  and  malicious  pos- 
session thereof,  within  the  meaning  of  the  foregoing  section,  if  any  such  substance  is 
found  upon  him,  or  in  his  possession,  in  any  of  the  places,  or  under  any  of  the  circum- 
stances specified  in  the  preceding  section. 

Punishment  for  unlawful  possession. 

§  7.  No  person  may  knowingly  keep  or  have  in  his  or  her  possession  any  dynamite, 
vigorite,  nitro-glycerine,  giant  powder,  hercules  powder,  or  other  high  explosives,  except 
in  the  regular  course  of  business  carried  on  by  such  person,  either  as  a  manufacturer 
thereof  or  merchant  dealing  in  the  same,  or  for  use  in  legitimate  blasting  operations,  or 
in  the  arts,  or  while  engaged  in  transporting  the  same  for  others,  or  as  the  agent  or 
employee  of  others  engaged  in  the  course  of  such  business  or  operations.  Any  other 
possession  of  any  such  explosive  substances  as  are  named  in  this  act  is  unlawful;  and 
the  person  so  unlawfully  possessing  it  shall  be  punished  by  imprisonment  in  the  state 
prison  not  exceeding  five  years,  or  by  fine  not  exceeding  five  thousand  dollars,  or  by 
both  such  fine  and  imprisonment. 

Malicious  deposit. 

$  8.  Any  person  who  maliciously  deposits  or  explodes,  or  who  attempts  to  explode, 
at,  in,  under,  or  near  any  building,  vessel,  or  boat,  railroad,  tramroad,  or  cable  road,  or 
any  train  or  car,  or  any  depot,  stable,  ear-house,  theater,  schoolhouse,  church,  dwelling- 
house,  or  other  place  where  human  beings  usually  inhabit,  assemble,  frequent,  or  pass 
and  repass,  any  dynamite,  nitro-glycerine,  vigorite,  giant  or  hercules  powder,  gun- 
powder, or  other  chemical  compound,  or  other  explosive,  with  the  intent  to  injure  or 
destroy  such  building,  vessel,  boat,  or  other  structure,  or  with  the  intent  to  injure, 
intimidate,  or  terrify  any  human  being  or  by  means  of  which   any  human  being  is 

Gen.  Laws — 46 


Act  1435,  9  1 


UENFRAL   LAWS. 


TZ»^ 


injured  or  endangered,  is  guilty  of  a  felony,  and  on  conviction  thereof  shall  be  pun- 
ished by  imprisonment  in  the  state  prison  not  less  than  one  year. 
This  section  was  codified  by  S  601,  Penal  Code,  as  amended  In  1913. 
Transportation  of  high  explosives. 

$  9.  Any  person,  fiim,  or  corporation,  who  shall  take,  carry  or  transport,  or  cause  to 
be  taken,  carried,  or  transported,  any  dynamite,  vigorite,  nitro-glycerine,  hercules  or 
giant  powder,  or  other  high  explosive,  into  the  limits  of,  or  through,  or  across  any 
incorporated  city  or  town  of  this  state,  or  into,  through,  or  across  any  harbor  for  ship- 
ping, in  any  manner,  condition,  or  quantity,  or  otherwise,  in  violation  of  the  laws  or 
ordinances  of  such  city  or  town,  or  of  the  laws  or  regulations  governing  such  harbor, 
shall,  in  addition  to  the  penalties  provided  or  imposed  by  such  laws,  ordinances,  or 
regulations,  forfeit  to  the  state  of  California  all  such  explosive  substances,  as  well  as 
the  cases  inclosing  the  same.  Such  forfeiture  may  be  sued  for  by  any  citizen  of  the 
state,  for  himself  and  the  state;  and  the  goods  or  property,  when  so  forfeited  and 
recovered  by  judgment  of  the  court,  shall  be  sold,  and  the  proceeds  divided,  the  citizen, 
BO  suing  taking  one-half  to  himself  for  his  own  benefit,  and  paying  the  other  half  into 
the  state  treasury.  Such  action  may  be  maintained  in  any  court  of  competent  juris- 
diction; provided,  that  the  state  shall  never  be  liable  to  any  cost  or  expense  for  any 
such  suit  or  proceeding. 
Police  ofacer  may  sue  for  forfeitures. 

§  10.  Any  of  the  forfeitures  provided  for  in  this  act  may  be  taken  advantage  of,  and 
sued  for  and  recovered,  by  any  peace  officer  or  policeman,  member  of  the  police  force  of 
any  city,  city  and  county,  or  town  where  the  same  arises,  for  his  own  benefit,  notwith- 
standing any  law,  ordinance,  or  rule  to  the  contrary. 

$  11.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

Code  commissioners'  notes.  —  The  code 
commissioners  say  of  §  375a,  Penal  Code: 
"This  is  a  codification  of  §§  1,  2,  3,  and  4  of 
the   statute   of   1887.   p.   10." 

Of  §  601,  Penal  Code  they  say:  "The  sec- 
tion Is  amended  to  conform  it  to  §  8  of  the 
statute  of  1887,  p.  110,  to  protect  life  and 
property  against  the  careless  and  malicious 
use  or  handling  of  dynamite  and  other  ex- 
plosives." 

While  this  Is  probably  true  now,  since 
the  amendment  of  1913  to  the  section,  it 
was  probably  not  true  before. — See  In  re 
Mitchell,  1  Cal.  App.  396,  82  Pac.  347. 

1.  Rule  of  construction  of  penal  statutes. 
The  rule  of  construction  adopted  in  sec- 
tion 4  of  the  Penal  Code,  applies  to  all 
penal  statutes  whether  in  or  out  of  the 
code,  including  this  act. — In  re  Mitchell,  1 
Cal.  App.  396,  82  Pac.  347. 

TRANSPORTATION,  STORAGE  AND  SALE  OF  EXPLOSIVES. 
ACT  1435 — An  act  relating  to  explosives  and  prescribing  regulations  for  the  transpor- 
tation, storage  and  selling  of  explosives,  and  providing  penalties  for  the  violation 
of  this  act. 

History:  Became  a  law  under  constitutional  provision  without  gov- 
ernor's approval  March  21,  1911,  Stats.  1911,  p.  391.  Amended  May  18, 
1917.  In  effect  July  27,  1917.  Stats.  1917,  p.  695;  May  2,  1919.  In  effect 
July  22,  1919.    Stats."  1919,  p.  148. 

Definitions. 

§  1.     The  term  "explosive"  or  "explosives"  whenever  used  in  this  act  shall  include! 
gunpowder,  blasting  powder,   dynamite,  guncotton,  nitroglycerine   or  any  compound 


2.  Construction  —  "Place  v^here  Knman 
beings  usually  pass  or  repass." — A  work- 
ing mine,  constructed  with  shafts,  tunnels, 
levels,  stopes,  excavated  chambers,  and 
stulls  to  hold  up  the  rock  and  dirt  over- 
head, is  a  structure,  and  a  "place  where 
human  beings  usually  .  .  .  pass  or  re- 
pass," within  the  meaning  of  section  8  of 
the  act. — In  re  Mitchell,  1  Cal.  App.  396,  82 
Pac.  347. 

3.  Purpose  of  act. — The  act  seeks  to 
remedy  the  malicious  explosion  of  dyna- 
mite and  other  enumerated  explosives,  with 
intent  to  injure  property  and  other  human 
beings,  and  it  Is  applicable  to  a  working 
mine,  although  it  does  not  mention  the 
word,  "mine." — In  re  Mitchell,  1  Cal.  App. 
896.  82  Pac.  347. 


T23  EXPLOSIVES.  Act  1435.  §  3 

thereof,  fulminate,  and  every  explosive  substance  having  an  explosive  power  equal  to  or 
greater  than  black  blasting  powder,  and  any  substance  intended  to  be  used  by  exploding 
or  igniting  the  same  to  produce  a  force  to  propel  missiles,  or  rend  apart  substances,  but 
does  not  include  said  substances,  or  any  of  them,  in  the  form  of  fixed  ammunition  for 
small  ai-ms.  The  term  "person"  whenever  used  herein  shall  be  held  to  include  coii^ora- 
tions  as  well  as  natural  persons;  words  used  in  the  singular  number  to  include  the 
plural  and  the  plural  the  singular.  The  words  ** explosive  manufacturing  plant"  shall 
be  understood  to  include  all  the  land  used  in  connection  with  the  manufacture  and 
storage  of  explosives  thereat. 

Inclosure  and  storage. 

$  2.  Except  only  at  an  explosive  manufacturing  plant,  no  person  shall  have,  keep  or 
store,  at  any  place  within  this  state,  any  explosives,  unless  such  explosives  are  com- 
pletely inclosed  and  incased  in  tight  metal,  wooden  or  fiber  containers,  and,  except  while 
being  transported,  or  within  the  custody  of  a  common  carrier  pending  delivery  to  con- 
signee, shall  be  kept  and  stored  in  a  magazine  constructed  and  operated  as  hereinafter 
described,  and  no  person  having  in  his  possession  or  control,  any  explosives,  shall  under 
any  circumstances  permit  or  allow  any  grains  or  particles  thereof  to  be  or  remain  on 
the  outside  or  about  the  containers,  in  which  such  explosives  are  contained. 

Magazine. 

§  3.  Magazines  in  which  explosives  may  lawfully  be  stored  or  kept  shall  be  two 
classes,  as  follows: 

First  class. 

(a)  Magazines  of  the  first  class  shall  consist  of  those  containing  explosives  exceeding 
one  hundred  pounds,  and  shall  be  constructed  wholly  of  brick,  wood  covered  with  iron 
or  other  fireproof  material,  and  must  be  fireproof,  and,  except  magazines  where  gun- 
powder or  black  blasting  powder  only  is  stored  must  be  bullet  proof,  and  shall  have  uo 
openings  except  for  ventilation  and  entrance.  The  doors  of  such  magazines  must  be 
fireproof  and  bullet  proof,  and  at  all  times  kept  closed  and  locked,  except  when  neces- 
sarily opened  for  the  purpose  of  storing  or  removing  explosives  therein  or  therefrom 
by  persons  lawfully  entitled  to  enter  the  same.  Every  such  magazine  shall  have  suffi- 
cient openings  for  ventilation  thereof,  which  must  be  screened  in  such  manner  as  to 
prevent  the  entrance  of  sparks  or  fire  through  the  same.  Upon  each  side  of  such 
magazine  there  shall  at  all  times  be  kept  conspicuously  posted  a  sign,  with  the  words 
"magazine,"  "explosives,"  "dangerous,"  legibly  printed  thereon  in  letters  not  less 
than  six  inches  high.  No  matches,  fire  or  lighting  device  of  any  kind  except  electric 
light  shall  at  any  time  be  permitted  in  any  such  magazines.  No  package  of  explosives 
shall  at  any  time  be  opened  in  any  magazine.  No  blasting  caps,  or  other  detonating 
or  fulminating  caps,  or  detonators,  or  electric  fuzees,  shall  be  kept  or  stored  in  any 
magazine  in  which  explosives  are  kept  or  stored,  but  such  caps,  detonators  or  fuzees 
may  be  kept  or  stored  in  a  magazine  constructed  as  above  provided  which  must  be 
located  at  least  one  hundred  feet  from  any  magazine  in  which  explosives  are  kept  or 
stored.  Magazines  in  which  explosives  are  kept  or  stored  must  be  detached  and  must 
be  located  at  least  one  hundred  feet  from  any  other  structure. 

Quantity  depends  on  distance  from  buildings,  etc. 

(b)  On  and  after  January  1,  1919,  the  quantity  of  explosives  that  may  be  lawfully 
had,  kept  or  stored  in  any  magazine  shall  depend  upon  the  distance  that  such  maga- 
zine is  situated  from  buildings,  highways,  or  railroads,  and  upon  the  protection  afforded 
by  natural  or  efficient  artificial  barricades  to  such  buildings,  highways  or  railroads. 
Whenever  any  of  the  quantities  given  in  column  one  of  the  quantity  and  distance  table 
hereinafter  set  forth  is  had,  kept  or  stored  in  any  magazine  in  this  state,  the  distance 


Act  1435,  S  3 


CEIVKRAI,   I-AWS. 


T24 


that  any  quantity  given  in  column  one  of  said  table  may  be  lawfully  had,  kept  or 
stored  from  buildings  is  the  distance  set  opposite  said  quantity  in  column  two  of  said 
table,  and  the  distance  that  any  quantity  in  column  one  of  said  table,  may  be  law- 
fully had,  kept  or  stored  from  railroads  is  the  distance  set  opposite  said  quantity  in 
column  three  of  said  table,  and  the  distance  that  any  quantity  given  in  column  one 
of  said  table  may  be  lawfully  had,  kept  or  stored  from  highways  is  the  distance  set 
opposite  said  quantity  in  column  four  of  said  table.  The  quantity  and  distance  table 
governing  the  keeping  or  storing  of  explosives  is  as  follows: 

Quantity  and  distance  table. 


Column  1 

Column  2 

Column  3 

Column  4 

Quantity   that  may    be 

lawfully   kept   or   stored 

frum  nearest  building 

,  highway  or  railroad 

Distance 

from 

nearest 

building, 

feet 

Distance 

from 

nearest 

railroad, 

feet 

Distance 

from 
nearest 

Blasting  caps 

Other  explosives 

Number 

Number 

Pounds 

Pounds 

highway, 
feet 

over 

not  over 

over 

not  over 

1  000 

5,000 
10,000 
20,000 

30 

20 

10 

5',000 
10,000 
20,000 

60 

40 

20 

120 

70 

35 

25,000 

5  o" 

145 

90 

45 

25,000 

50,000 

Vo" 

100 

240 

140 

70 

50,000 

100,000 

100 

200 

360 

220 

110 

100,000 

150,000 

200 

300 

520 

310 

150 

150,000 

200,000 

300 

400 

640 

380 

190 

200,000 

250,000 

400 

500 

720 

430 

220 

250,000 

300,000 

500 

600 

800 

480 

240 

300,000 

350,000 

600 

700 

860 

520 

260 

350,000 

400,000 

700 

800 

920 

550 

280 

400,000 

450,000 

800 

900 

980 

590 

300 

450,000 

500,000 

900 

1,000 

1,020 

610 

310 

500.000 

750,000 

1,000 

l,5bO 

1,060 

640 

320 

750,000 

1,000,000 

1,500 

2,000 

1,200 

720 

360 

1,000,000 

1,500,000 

2,000 

3,000 

1,300 

780 

biiO 

1,500,000 

2,000,000 

3,000 

4,000 

1,420 

850 

420 

2,000,000 

2,500,000 

4,000 

5,000 

1,500 

900 

450 

5,000 

6,000 

1.560 

940 

470 

6,000 

7,000 

1,610 

970 

490 

7,000 

8,000 

1,660 

1,000 

500 

8,000 

9,000 

1,700 

1,020 

510 

9,000 

10,000 

1,740 

1,040 

520 

10,000 

20,000 

1,780 

1,070 

530 

20,000 

30,000 

2,110 

1,270 

630 

30,000 

40,000 

2,410 

1,450 

720 

40,000 

50,000 

2,680 

1,610 

800 

50,000 

60,000 

2,920 

1,750 

880 

60,000 

70,000 

3,130 

1,880 

940 

70,000 

80,000 

3.310 

1,990 

1,000 

80,000 

90,000 

3,460 

2,080 

1,040 

90.000 

100,000 

3,580 

2,150 

1,080 

100,000 

200,000 

3.800 

2,280 

1,140 

200,000 

300,000 

4,310 

2,590 

1,300 

1 


Distances  reduced  one-half  when. 

Whenever  the  building,  railroad  or  highway  to  be  protected  is  effectually  screened 
from  the  magazine,  where  explosives  are  had,  kept  or  stored,  either  by  natural  features 
of  the  ground  or  by  an  efficient  artificial  barricade  of  such  height  that  any  straight 
line  drawn  from  the  top  of  any  side  wall  of  the  magazine  to  any  part  of  the  building 
to  be  protected,  will  pass  through  such  intervening  natural  or  efficient  artificial  barri- 
cade, and  any  straight  line  drawn  from  the  top  of  any  side  wall  of  the  magazine  to 
any  point  twelve  feet  above  the  center  of  the  railroad  or  highway  to  be  protected  will 
pass  through  such  intervening  natural  or  efficient  artificial  barricade,  the  applicable 
distances  given  in  column  two,  three  and  four  of  the  quantity  and  distance  table  may 
be  reduced  one-half. 


725  E:XPL0SIVE:S.  Act  14t\i,  §  3 

Table  not  applicable,  when. 

Whenever  the  building,  railroad  or  highway  to  be  protected  is  effectually  screened 
from  the  magazine,  where  explosives  are  had,  kept  or  stored  by  a  natural  barrier  which, 
at  any  one  point  thereon,  is  forty  feet  or  more  in  height  above  a  straight  line  drawn 
from  the  top  of  any  side  wall  of  the  magazine  to  any  part  of  the  building  to  be  pro- 
tected or  to  any  point  twelve  feet  above  the  center  of  the  railroad  or  highway  to  be 
protected,  which  natural  barrier  has  a  natural  thickness  of  not  less  than  two  hundred 
feet  where  the  same  is  intersected  by  the  straight  line  drawn  as  aforesaid  then,  the 
quantity  and  distance  table  shall  not  be  applicable  to  such  magazine. 

Quantity  reduced,  when. 

If  at  any  time  the  distances  from  a  magazine  to  a  building,  highway  or  railroad 
be  decreased  through  the  construction  of  a  new  building,  highway  or  railroad  or  by 
any  other  means,  then  the  amounts  of  explosives  which  may  be  lawfully  had,  kept 
or  stored  in  said  magazine  must  be  reduced  to  correspond  with  the  quantity  and  dis- 
tance table;  provided,  in  the  case  of  a  new  building,  that  the  same  is  constructed  in 
good  faith  for  any  of  the  purposes  specified  in  the  following  paragraph,  and  not  with 
intent  to  annoy,  harass,  oppress  or  hinder  the  owner  of  said  magazine. 

"Building." 

The  term  "building"  when  used  in  the  foregoing  table  shall  be  held  to  mean  and 
include  only  any  building  regularly  occupied  in  whole  or  in  part  as  a  habitation  for 
human  beings,  and  any  store,  church,  schoolhouse,  railway  station  or  other  public 
place  of  assembly. 

"Highway." 

The  term  "highway"  when  iTsed  in  the  foregoing  table  shall  be  held  to  mean  public 
streets  or  public  roads,  and  shall  not  include  roads  constructed  and  maintained  by 
private  persons. 

"Railroad." 

The  term  "railroad"  when  used  in  the  foregoing  table  shall  be  held  to  mean  and 
include  any  steam,  electric  or  other  railroad  that  carries  passengers  or  articles  of 
commerce  for  hire. 

"Efficient  artificial  barricade." 

The  term  "efficient  artificial  barricade"  when  used  in  the  foregoing  shall  be  held 
to  mean  an  artificial  mound  or  properly  revetted  wall  of  earth  of  a  thickness  of  not 
less  than  three  feet.  The  provisions  of  this  subsection  (b)  shall  not  apply  to  mining 
or  quarrying  operations.  Nothing  contained  in  this  subsection  (b)  shall  be  held  to 
prohibit  the  keeping  or  storing  of  explosives  at  any  explosive  manufacturing  plant 
which  was  actually  used  in  manufacturing  explosives  prior  to  the  fifteenth  day  of 
April,  1917. 

Magazines  of  second  class. 

(c)  Magazines  of  the  second  class  shall  consist  of  a  stout  box,  and  not  more  than 
one  hundred  pounds  of  explosives  shall  at  any  time  be  kept  or  stored  therein,  and, 
except  when  necessarily  opened  for  use  by  authorized  persons,  shall  at  all  times  be 
kept  securely  locked.  Upon  each  such  magazine  there  shall  at  all  times  be  kept 
conspicuously  posted  a  sign  with  the  words,  "magazine,"  "exjilosives, "  "dangerous," 
legibly  printed  thereon. 

Storage  in  tunnels. 

Notliing  in  this  section  contained  shall  be  held  to  prohibit  the  keeping  or  storing 
of  explosives  in   any   tunnel,   where   no  person   or  persons   are   employed;   provided. 


Act  1435,  §g  4-8  GENERAI.   LAWS.  726 

always,  that  anj'  tunnel  so  \ised  for  the  storage  of  explosives  shall  have  fireproof 
doors,  which  must  at  all  times  be  kept  closed  and  locked,  except  when  necessarily 
opened  for  the  purpose  of  storing  or  removing  explosives  therein  or  therefrom,  by  per- 
sons lawfully  entitled  to  enter  the  same.  The  door  of  such  tunnel  magazine  shall  at 
all  times  have  legibly  printed  thereon  the  words,  "magazine,"  "explosives,"  "dan- 
gerous." [Amendment  of  May  2,  1919.  In  effect  July  22,  1919.  Stats.  1919,  p.  148.] 
This  section  was  also  amended  May  18,  1917,  Stats.  1917,  p.  695. 

Penalty  for  violating. 

§  4.  Any  person  violating  or  failing  to  comply  with  any  of  the  provisions  of  sections 
2  and  3  of  this  act,  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  thereof,  shall 
be  punished  by  a  fine  of  not  less  than  twenty-five  dollars,  and  not  more  than  one  thou- 
sand dollars,  or  by  imprisonment  not  exceeding  six  months,  or  by  both  such  fine  and 
imprisonment. 

Transporting. 

§  5.  It  shall  be  unlawful  to  transport,  carry  or  convey,  any  explosives  between  any 
places  within  this  state,  on  any  vessel,  car  or  other  vehicle  of  any  description,  operated 
by  common  carrier,  which  vessel,  car  or  vehicle  is  carrying  passengers  for  hire;  pro- 
vided, that  it  shall  be  lawful  to  transport  on  any  such  vessel,  car  or  vehicle,  small  arms 
ammunition  in  any  quantity,  and  such  fuses,  torpedoes,  rockets  or  other  signal  devices 
as  may  be  essential  to  promote  safety  in  operation,  and  properly  packed  and  marked 
(Samples  for  laboratory  examination,  not  exceeding  a  net  weight  of  one-half  pound 
eaeli,  and  not  exceeding  twenty  samples  at  one  time,  in  a  single  vessel,  car  or  vehicle, 
but*  such  samples  shall  not  be  carried  in  that  part  of  the  vessel,  car  or  vehicle,  which  is 
intended  for  the  transportation  of  passengers  for  hire;  provided,  further,  that  nothing 
in  this  section  shall  be  construed  to  prevent  the  transportation  of  military  or  naval 
forces  with  their  accompanying  munitions  of  war  on  passenger  equipment  vessels,  cars 
or  vehicles;  provided,  further,  that  the  transportation  of  explosives  on  any  freight 
train  in  this  state  that  can-ies  passengers  for  hire  in  a  car  or  caboose  attached  to  the 
rear  of  such  train,  shall  not  be  held  or  construed  to  violate  the  provisions  of  this  act. 

Regulations  of  railroad  commission. 

§  6.  The  railroad  commission  of  this  state  is  hereby  empowered  to  make,  publish  and 
promulgate  such  regulations  as  are  not  in  conflict  with  this  act  and  as  in  the  judgment 
of  said  commission  may  tend  to  the  safe  packing,  loading,  storage  and  transportation 
of  the  explosives  defined  by  section  one  of  this  act. 

Nitro-glycerine. 

§  7.  It  shall  be  unlawful  to  transport,  carry  or  convey  liquid  nitro-glycerine,  ful- 
minate in  bulk,  in  dry  condition,  or  other  like  explosive,  between  any  places  within  this 
state,  on  any  vessel,  car  or  vehicle  of  any  description,  operated  by  common  carrier  in 
the  transportation  of  passengers  or  articles  of  commerce  by  land  or  water. 

Packages  to  be  marked. 

$  8.  Every  package  containing  explosives  or  other  dangerous  articles  when  presented 
to  a  common  can-ier  for  shipment  shall  have  plainly  marked  on  the  outside  thereof, 
the  contents  thereon,  and  it  shall  be  unlawful  for  any  person  to  deliver  for  transporta- 
tion to  any  common  carrier  engaged  in  commerce  by  land  or  water,  or  to  cause  to  be 
delivered  or  to  carry  any  explosive  or  other  dangerous  article,  under  any  false  or 
deceptive  marking,  description,  invoice,  shipping  order  or  other  declaration,  or  without 
informing  the  agent  of  such  carrier  of  the  true  character  thereof,  at,  or  before  the  time 
of  such  delivery  or  carriage  is  made. 


727  EXPLOSIVES.  Act  1435,  g§  0,  10 

Penalty  for  violating. 

§  9.  Any  person  who  willfully  violates  or  causes  to  be  violated  any  of  the  foregoing 
provisions  of  sections  5,  6,  7  and  8  of  this  act  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof,  shall  be  punished  for  each  offense  by  fine  not  exceeding 
two  thousand  dollars,  or  by  imprisonment  not  exceeding  eighteen  months,  or  by  both 
such  fine  and  imprisonment  in  the  discretion  of  the  court. 

Record  of  sales.     Statement  from  purchaser.    Not  applicable  to  carrier.    Penalty. 

5  10.  Every  person  selling,  giving  away,  or  delivering  explosives  within  this  state, 
shall  keep  at  all  times  an  accurate  journal  or  book  of  record,  in  which  must  be  entered 
from  time  to  time,  as  it  is  made,  each  and  every  sale,  delivery,  gift,  or  other  disposition 
made  by  such  person  in  the  course  of  business,  or  otherwise,  of  any  quantity  of  such 
explosive  subtance.  Such  journal  or  record  book  must  show  in  a  legible  handwriting, 
to  be  entered  therein  at  the  time,  a  complete  history  of  each  transaction,  stating  name 
and  quantity  of  explosives  sold,  delivered,  given  away,  or  otherwise  disposed  of;  name, 
place  of  residence,  and  business  of  the  purchaser  or  transferee,  name  of  individual  to 
whom  delivered,  with  his  or  her  address.  Such  journal  or  record  book  must  be  kept  by 
the  person  so  selling,  delivering  or  otherwise  disposing  of  such  explosives,  in  his  or 
their  principal  office  or  place  of  bi;siness,  at  all  times  subject  to  the  inspection  and 
examination  of  the  police  authorities  of  the  state,  county  or  municipality  where  same 
is  situated,  on  proper  demand  therefor.  In  addition  to  keeping  the  record  above  pro- 
vided, it  shall  be  unlawful  for  any  person  to  sell,  give  away  or  deliver  any  explosives 
within  this  state,  without  taking  from  the  person  to  whom  such  explosives  are  sold, 
given  away  or  delivered  within  this  state,  a  statement  in  writing,  showing  the  name  and 
the  address  of  the  person  to  whom  such  explosives  are  sold,  given  away  or  delivered, 
and  the  place  where  and  the  purpose  for  which  such  explosives  are  intended  for  use, 
which  statement  shall  be  signed  by  the  person  to  whom  such  explosives  are  sold,  given 
away  or  delivered,  or  his  agent,  and  be  witnessed  by  two  witnesses,  known  to  the  person 
selling,  giving  away  or  delivering  such  explosives,  to  be  residents  of  the  county  where 
such  explosives,  as  shown  by  such  statement,  are  intended  for  use,  who  shall  certify 
that  the  person  to  whom  such  explosives  are  to  be  sold,  given  away  or  delivered  is  per- 
sonally known  to  each  of  said  witnesses,  and  that  to  the  best  of  his  knowledge  and 
belief,  the  explosives  are  required  by  such  person  for  the  uses  and  purposes  set  forth 
in  the  statement,  which  said  statement  shall  at  all  times  be  kept  on  file  in  the  principal 
office  or  place  of  business  of  the  person  so  selling,  giving  away  or  delivering  such 
explosives,  subject  to  the  inspection  of  the  police  authorities  of  the  state,  county  or 
municipality  where  the  same  is  situated,  on  proper  demand  made  therefor;  provided, 
that  nothing  in  this  section  shall  be  held  to  apply  to  the  delivery  of  explosives  to  any 
person  or  carrier  for  the  purpose  of  being  transported  from  a  place  within  this  state  to 
any  other  place  within  tSiis  state,  and,  provided  further,  that  nothing  in  this  section 
contained  shall  apply  to  interstate  commerce. 

Every  person  selling,  giving  away  or  delivering  any  explosives  without  complying 
with  all  the  provisions  of  this  section  shall  be  deemed  guilty  of  a  misdemeanor,  and 
upon  conviction  shall  be  fined  not  less  than  one  hundred  dollars,  and  not  more  than 
two  thousand  dollars,  or  by  imprisonment  of  not  less  than  six  months,  or  by  both  such 
fine  and  imprisonment  in  the  discretion  of  the  court. 

In  addition  to  such  imprisonment  and  as  cumulative  penalty  such  person  so  offending 
shall  forfeit  for  each  offense,  the  sum  of  two  hundred  and  fifty  dollars,  to  be  recovered 
in  any  court  of  competent  jurisdiction,  and  the  party  instituting  the  action  for  such 
forfeiture  shall  not  be  entitled  to  dismiss  same,  without  the  consent  of  the  court  before 
which  the  suit  has  been  instituted;  nor  shall  any  judgment  recovered  be  set  aside, 
satisfied  or  discharged  save  by  order  of  such  court,  after  full  payment  into  court,  and 
all  moneys  so  collected  must  be  paid  to  the  part}'  bringing  suit. 


Act  1435,  §§  11-16  GKNlilUAL   LAWS.  728 

Explosives  in  mines. 

5  11.     [Repealed  May  18,  1917.    In  effect  July  27,  1917.     Stats.  1917,  p.  698.] 

Entering  explosives  factory. 

$  12.  .No  person,  except  a  peace  officer  or  a  person  authorized  so  to  do  by  the  owner 
thereof,  or  his  agent,  shall  enter  any  explosive  manufacturing  plant,  magazine  or  car 
containing  explosives  in  this  state,  and  any  person  violating  any  of  the  provisions  of 
this  section  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof,  shall 
be  fined  in  an  amount  not  exceeding  one  thousand  dollars  or  by  imprisonment  not 
exceeding  three  months,  or  by  both  such  fine  and  imprisonment. 

Discharging  firearms  near  magazine. 

^  13.  No  person  shall  discharge  any  firearms  within  five  hundred  feet  of  any  maga- 
zine or  of  any  explosive  manufacturing  plant,  and  any  person  willfully  violating  any  of 
the  provisions  of  this  section  shall  be  deemed  guilty  of  a  misdemeanor  and  lined  not 
exceeding  one  thousand  dollars,  or  by  imprisonment  not  exceeding  one  year,  or  by  botk 
such  fine  and  imprisonment. 

Carrying  explosives  on  person. 

S^  14.  No  person  shall  willfully  carry  any  explosive  on  his  person  within  this  state  in 
any  car,  vessel  or  vehicle  that  carries  passengers  for  hire,  or  place  or  carry  any  explo- 
sive while  on  board  any  such  car,  vessel  or  vehicle,  in  any  hand  baggage,  roll  or  con» 
tainer,  or  place  any  explosive  in  any  baggage  thereafter  checked  with  any  common 
carrier,  and  any  person  violating  any  of  the  provisions  of  this  section  shall  be  deemed 
guilty  of  a  felony  and  upon  conviction  thereof  shall  be  punished  by  imprisonment  in  the 
penitentiary  not  exceeding  two  years. 

Municipal  ordinance. 

5  15.  Nothing  in  this  act  contained  shall  prevent  the  operation  of,  or  modify,  alter, 
set  aside  or  supersede  the  provisions  of  any  municipal  ordinance  respecting  the  deliv- 
ery, storing  and  handling  of  explosives. 

Interstate  shipment. 

$  16.  Nothing  in  this  act  contained  shall  regulate  or  apply  to  any  shipment  of 
explosives  from  a  point  within  this  state,  consigned  to  a  point  without  this  state,  over  a 
line  or  lines  of  one  or  more  common  carriers. 

The  amending  act  of  1919  contained  the  following: 

"§  2.    All  acts  or  parts  of  acts  in  conflict  herewith  are  hereby  repealed." 

CHAPTER  108. 

EXPOSITIONS. 
References:  Authority  to  counties  to  levy  tax  for  exhibits  at  ixposltions,  see  Act  509b. 

CONTENTS  OF  CHAPTER. 
ACT  1440.    Panama-California  International  Exposition — Use  of  Balboa  Park. 

1441.  Panama-California  International  Exposition — State  Exhibit  and  Building. 

1442.  Panama-California    International   Exposition — Appropriation    to   Completb 

Exposition  Building. 

1443.  Panama  -  California    International    Exposition  —  Maintenance    op    Statb 

Building. 

1444.  Panama-Pacific  International  Exposition — Powers  and  Duties  of  Commis- 

sion. 

1445.  Panama-Pacific  International  Exposition — Disposition  of  Surplus  Funds. 

1446.  Exposition  Building  at  Los  Angeles. 

1447.  Exposition  at  Lo.g  Angeles — Furnishing  and  Equipping  Building. 

1448.  Exposition  at  Los  Angeles — Revolving  Fund  for  Special  Expositions. 

1449.  Italian  Inter nation..l  Exposition — California  Exhibit. 

1449a.  Ghent  Universal  and  International  Exposition — California  Exhibit. 


1 


720  EXPOSITIONS.  Act  1440,  §§  1-3 

PANAMA-CALIFORNIA   INTERNATIONAL   EXPOSITION.     USE    OP 

BALBOA  PARK. 

ACT  1440 — An  act  giving  and  granting  to  the  'board  of  park  commissioners  of  the  city 
of  San  Diego  the  right  to  use  and  the  right  to  authorize  the  use  of  Balboa  Park  in 
said  city  for  exposition  purposes. 

History:  Approved  March  24,  1911,  Stats.  1911,  p.  478.  Amended 
January  11,  1916,  Stats.  1916  (ex.  sess.),  p.  43;  January  19,  1917.  In 
effect  immediately.     Stats.  1917,  p.  1. 

Use  of  San  Diego  park  for  exposition. 

$  1.  The  board  of  park  commissioners  of  the  city  of  San  Diego,  California,  is 
hereby  authorized  and  empowered  to  use,  or  authorize  any  exposition  company  to  use, 
any  part  or  portion  of  the  lands  set  aside  as  a  public  park  by  resolution  of  the  board 
of  trustees  of  the  city  of  San  Diego  and  approved  and  ratified  by  an  act  of  the  legis- 
lature of  the  state  of  California,  approved  February  4,  1870,  for  the  purpose  of  giving 
an  exposition  in  the  year  1917  to  celebrate  the  completion  of  the  Panama  canal. 
[Amendment  of  January  19,  1917.    In  effect  immediately.    Stats.  1917,  p.  1.] 

This  section  was  also  amended   January  11,  1916,  Stats.  1915    (ex.  sess.),  p.   44. 

Powers  of  park  commissioners. 

5  2.  The  board  of  park  commissioners  of  the  city  of  San  Diego  is  hereby  authorized 
and  empowered  to  inclose  any  part  or  portion  of  said  park  which  may  be  set  aside  for 
the  use  herein  set  forth  and  charge  an  entrance  or  admission  fee  to  said  exposition,  and 
may  sell,  give,  or  grant,  to  any  person  or  persons,  association  or  associations,  corpora- 
tion or  corporations,  such  rights,  privileges  and  concessions  as  are  usually  granted  by 
expositions,  or  such  rights,  privileges,  and  concessions  as  may  be  expedient  or  necessary 
to  the  success  of  said  exposition,  and  said  city  may  charge  and  collect  compensation 
therefor.  The  power  and  authority  conferred  by  this  act  on  the  said  board  of  park 
commissioners  of  the  city  of  San  Diego  may  be  by  said  city  delegated  to  any  exposition 
company  or  corporation  now  or  hereafter  organized  for  the  jiurpose  of  promoting, 
financing,  or  giving  said  exposition. 

Applies  only  to  Balboa  Park. 

§  3.  This  act  shall  not  apply  to  any  park  lands  owned  by  the  city  of  San  Diego  other 
than  pueblo  lots  1129,  1130,  1131,  1135,  1136,  1137,  1142,  and  a  portion  of  pueblo  lot 
1144,  according  to  the  official  sm'vey  of  the  city  of  San  Diego  by  Charles  H.  Poole, 
made  in  1856,  which  pueblo  lots  are  now  and  shall  hereafter  be  known  and  designated 
as  Balboa  Park. 

The  amending  act  of  1917  contained  the  following: 

Emergency  measure. 

§  2.  This  act  is  hereby  declared  to  be  an  emergency  measure  within  the  meaning  of 
section  one,  article  IV,  of  the  constitution  of  the  state  of  California,  and  shall  take 
effect  immediately. 

The  facts  constituting  such  emergency  are  as  follows:  The  directors  of  the  Panama- 
California  International  Exposition  and  the  members  of  the  board  of  park  commis- 
sioners of  the  city  of  San  Diego  are  desirous  of  continuing  the  Panama-California 
International  Exposition,  situated  in  the  city  park  of  San  Diego,  for  a  further  period 
of  time,  not  to  exceed  one  year.  A  large  amount  of  money  has  been  expended  in  the 
permanent  improvement  of  the  exposition  site  in  the  park,  and  many  of  the  buildings 


Act  1441,  §§  1-5  GEXKRAL   LAAVS. 


730 


contain  exhibits  that  can  not  be  removed  for  some  time.  Therefore,  it  is  necessary  for 
legislative  action  immediately,  in  order  to  authorize  the  maintenance  of  such  an 
exposition  for  the  further  period  of  time — the  authorization  of  the  state  of  California 
for  the  maintenance  of  said  exposition  having  expired  on  the  first  day  of  January,  1917. 

PANAMA-CALIFORNIA  INTERNATIONAL  EXPOSITION.    STATE  EXHIBIT 

AND  BUILDING. 
ACT  1441 — An  act  to  provide  for  a  state  exhibit  at  the  Panama-California  Exposition, 
to  be  held  in  San  Diego,  California,  in  1915,  to  celebrate  the  completion  of  the 
Panama  canal  and  providing  for  the  erection  of  necessary  buildings  therefor;  cre- 
ating a  commission  to  have  the  charge  and  control  of  said  exhibition  and  making  an 
appropriation  therefor. 

History:    Approved  April  1,  1911,  Stats.  1911,  p.  559. 

Panama-California  exposition  commissioners.    Bond. 

$  1.  It  is  made  the  duty  of  the  governor  of  the  state  of  California,  within  thirty  days 
after  the  passage  of  this  act,  to  appoint  three  commissioners  who  shall  be  removable  at 
the  pleasure  of  the  governor,  and  who  shall  constitute  the  Panama-California  exposi- 
tion commissioners.  Said  Panama-California  exposition  commissioners  shall  have  the 
exclusive  charge  and  control  of  the  expenditure  of  all  moneys  appropriated  by  the  state 
of  California  for  the  construction  of  buildings  and  maintaining  an  exhibit  of  the  prod- 
ucts of  the  state  of  California  at  said  exhibition  and  for  the  purpose  of  properly  repre- 
senting the  state  of  California  at  said  exposition,  to  be  held  in  the  city  of  San  Diego, 
state  of  California,  in  1915.  Each  of  said  commissioners  shall  execute  and  file  with  the 
secretary  of  state,  within  thirty  days  after  his  appointment  by  the  governor,  good  and 
sufficient  bond  in  the  sum  of  ten  thousand  dollars  made  to  the  people  of  the  state  of 
California,  which  bond  shall  be  approved  by  the  governor  and  shall  be  conditioned  for 
the  faithful  performance  of  said  commissioners  of  all  their  duties  as  such  commissioners. 

Ko  compensation. 

$  2.  Said  commissioners  shall  receive  no  compensation  for  their  services  but  they 
shall  be  allowed  their  actual  expenses  not  exceeding  one  thousand  dollars. 

Appropriation. 

$  3.  The  sum  of  fifty  thousand  dollars  or  as  much  thereof  as  may  be  necessary,  is 
hereby  appropriated  out  of  any  moneys  in  the  state  treasury  not  otherwise  ajDpropriated 
to  meet  the  expense  of  preparing  the  plans  and  specifications  and  constructing  the 
foundation  for  an  exposition  building,  to  be  erected  at  the  Panama-California  exposi- 
tion, to  be  held  in  San  Diego  in  the  year  1915,  which  plans  and  specifications  shall 
provide  for  a  building  to  cost  not  less  than  two  hundred  and  fifty  thousand  dollars. 
The  amount  herein  appropriated  shall  be  available  on  and  after  July  1,  1912. 

Controller  to  draw  warrant. 

$  4.  The  state  controller  is  hereby  authorized  and  directed  to  draw  his  warrant  or 
warrants  on  the  general  fund  from  time  to  time  for  such  portions  of  said  sum  of  fifty 
thousand  dollars  and  in  favor  of  such  persons  as  the  majority  of  said  commissioners 
shall  direct  and  the  state  treasurer  is  hereby  authorized  and  directed  to  pay  the  same. 

State  institutions  to  assist. 

§  5.  It  shall  be  the  duty  of  the  state  institutions  of  the  state  of  California  to  assist 
the  commission  in  every  possible  way  by  loaning  it  such  material  in  their  possession  as 
will  add  to  the  attractive  features  of  the  state  exhibit  at  said  Panama-California 
exposition. 


I 


731  ,  EXPOSITIOXS.  Acts  14  la,  144a 

Exemptions. 

§  6.  This  act  is  exempt  from  the  provisions  of  section  672  of  the  Political  Code  of 
the  state  of  California,  and  from  the  provisions  of  an  act  entitled  "An  act  to  regulate 
contracts  on  behalf  of  the  state  in  relation  to  the  erection,  construction,  alteration, 
repair  or  improvement  of  any  state  structure,  building,  road,  or  other  state  improve- 
ment of  any  kind  and  to  repeal  an  act  entitled  'An  act  to  regulate  contracts  on  behalf 
of  the  state  in  relation  to  erections  and  buildings,  approved  March  28,  187G'  " 
(approved  March  22,  1909). 

PANAMA  -  CALIFORNIA  INTERNATIONAL  EXPOSITION  —  APPROPRIATION 
TO  COMPLETE  EXPOSITION  BUILDING. 

ACT  1442 — An  act  appropriating  two  hundred  thousand  dollars  ($200,000)  to  complete 
the  construction  of  the  exposition  building  of  the  state  of  California  at  the  Panama- 
California  exposition  to  be  held  in  San  Diego,  California,  during  the  year  1915. 

History:    Approved  June  6,  1913.     In  effect  August  10,  1913.    Stats. 
1913,  p.  893. 

Appropriation:  state  building,  Panama-California  exposition. 

$  1.  The  sum  of  two  hundred  thousand  dollars  ($200,000),  or  so  much  thereof  as 
may  be  necessary,  is  hereby  appropriated  out  of  any  money  in  the  state  treasury  not 
otherwise  appropriated  to  be  used  in  the  construction  of  that  certain  exposition  build- 
ing authorized  by  an  act  entitled  "An  act  to  provide  for  a  state  exhibit  at  the  Panama- 
California  exposition,  to  be  held  in  San  Diego,  California,  in  1915,  to  celebrate  the  com- 
pletion of  the  Panama  canal,  and  providing  for  the  erection  of  necessary  buildings 
therefor;  creating  a  commission  to  have  charge  and  control  of  said  exposition  and 
making  an  appropriation  therefor,"  approved  April  1,  1911, 

Controller  authorized  to  draw  warrant. 

$  2,  The  state  controller  is  hereby  authorized  and  directed  to  draw  his  warrant  or 
warrants  on  the  general  fund  from  time  to  time  for  such  portion  of  said  sum  of  two 
hundred  thousand  dollars  ($200,000)  and  in  favor  of  such  persons  as  the  majority  of 
the  Panama-California  exposition  commissioners  shall  direct,  and  the  state  treasurer 
is  hereby  authorized  and  directed  to  pay  the  same. 

Audit  of  bills. 

^  3.  All  bills  for  material  and  labor  in  carrying  out  the  provisions  of  section  one  of 
this  act  shall  be  audited  and  approved  by  the  Panama-California  exposition  commis- 
sioners of  the  said  exposition  before  being  paid. 

Exempt  from  Political  Code,  §  672. 

^  4.  This  act  is  exempt  from  the  provisions  of  section  672  of  the  Political  Code  of 
the  state  of  California  and  from  the  provisions  of  an  act  entitled  "An  act  to  regulate 
contracts  on  behalf  of  the  state  in  relation  to  the  erection,  construction,  alteration, 
repair  or  improvement  of  any  state  structure,  building,  road,  or  other  state  imjirove- 
ment  of  any  kind  and  to  repeal  an  act  entitled  'An  act  to  regulate  contracts  on  behalf 
of  the  state  in  relation  to  erections  and  buildings,'  approved  March  28,  1876" 
(approved  March  22,  1909). 

PANAMA-CALIFORNIA  INTERNATIONAL  EXPOSITION— MAINTENANCE   OF 

STATE  BUILDING. 
ACT  1443 — An  act  appropriating  fifty  thousand  dollars  for  the  completion,  mainte- 
nance and  repair  of  the  California  state  building  at  the  Panama-California  interna- 
tional Exposition. 

History:    Approved  January  11,  191G,  Stats.  1916  (ex.  sess.),  p.  44. 


Act  1444,  eg  1-3  UKMOKAL   LAWS.  »  702 

Appropriation  for  repair  of  California  building  at  San  Diego. 

$  1.  The  sum  of  lifty  thousand  dollars  is  hereby  approiniated  out  of  the  Panama- 
California  international  exposition  fund  for  the  purpose  of  the  completion,  maintenance 
and  repair  of  the  California  state  building  at  the  Panama-California  international 
exposition,  at  San  Diego.  The  expenditure  of  said  sum  of  money  so  appropriated  shall 
be  under  the  exclusive  charge  and  control  of  the  Panama-California  exposition  com- 
missioners. 

Exempt  from  Political  Code,  §  672. 

$  2.  This  act  is  exempt  from  the  provisions  of  section  six  hundred  seventy-two  of 
the  Political  Code  of  the  state  of  California  and  from  the  provisions  of  an  act  entitled 
"An  act  to  regulate  contracts  on  behalf  of  the  state  in  relation  to  the  erection,  con- 
struction, alteration,  repair  or  improvement  of  any  state  structure,  building,  road  or 
other  improvement  of  any  kind  and  to  repeal  an  act  entitled  *An  act  to  regulate  con- 
tracts on  behalf  of  the  state  in  relation  to  erections  and  buildings,'  approved  March  28, 
187G"  (approved  March  22,  1909). 

PANAMA-PACIFIC    INTERNATIONAL   EXPOSITION   COMMISSION— POWERS 

AND  DUTIES. 
ACT  1444 — An  act  relating  to  the  Panama-Pacific  international  exposition  commission 

of  the  state  of  California  and  defining  its  powers  and  duties.  ^ 

History:  Approved  March  4,  1911,  Stats.  1911,  p.  273.  I 

Panama-Pacific  international  exposition  commission.     SeaL  ? 

§  1.  The  Panama-Pacific  international  exposition  commission,  after  the  appointment 
by  the  governor  of  the  members  thereof,  shall  immediately  organize  and  establish  offices 
in  the  city  and  county  of  San  Francisco.  At  the  time  of  the  appointment  of  said  com- 
mission, the  governor  shall  designate  the  president  thereof,  and  the  member  so  desig- 
nated shall  be  the  president  of  said  commission.  Should  any  vacancy  thereafter  occur 
in  the  presidency  of  said  commission  the  governor  shall  designate  and  appoint  a  mem- 
ber of  said  commission  to  be  the  president  thereof.  Three  members  of  said  commission 
shall  constitute  a  quorum  for  the  transaction  of  business.  Said  commission  shall  adopt 
a  seal  having  thereon  the  words  "Panama-Pacific  international  exposition  commission 
of  the  state  of  California,"  and  shall  file  with  the  state  controller  and  state  treasurer 
a  certificate  of  the  imprint  of  such  seal,  and  all  signatures  of  persons  authorized  by  said 
commission  to  sign  contracts,  claims  or  other  documents  on  behalf  of  said  commission. 

Powers  and  duties. 

§  2.  For  the  purpose  of  performing  the  duties  imposed  by  law  upon  said  commission, 
it  shall  have  power  and  authority  to  appoint  and  employ  a  secretary,  executive  officers, 
and  such  other  assistants  or  persons  as  it  may  deem  necessary,  and  fix  their  compensa- 
tions. All  the  officers  and  employees  so  appointed  shall  hold  office  at  the  pleasure  of 
the  commission.  All  expense  of  said  commission  and  all  salaries  of  employees  shall  be 
payable  out  of  the  Panama-Pacific  international  exposition  fund  upon  proper  warrants 
drawn  therefor  as  hereinafter  specified.  The  said  commissioners  shall  receive  their 
actual  traveling  expenses.  The  commission  shall  have  full  and  complete  power  and 
authority  to  carry  out  the  provisions  of  this  act  and  of  section  22  of  article  IV  of  the 
constitution  of  the  state  of  California,  and  the  particular  enumeration  herein  of  powers 
and  duties  of  said  commission  shall  not  be  construed  to  be  a  limitation  or  restriction 
of  the  full  and  complete  power  and  authority  of  the  commission. 

Powers  and  duties. 

^  3.  Said  commission  sball  have  power  to  make  and  execute  all  contracts  and  agree- 
ments necessary  to  the  business  of  said  commission  or  to  carry  out  the  purposes  of  this 


733  EXPOSITIONS.  Act  1444,  §§  4-6 

act  and  section  22  of  article  IV  of  the  constitution  of  the  state  of  California.  All  con- 
tracts, made  by  said  commission,  shall  be  executed  in  triplicate  signed  by  the  president 
thereof  and  executed  under  the  seal  of  said  commission,  and  one  copy  thereof  shall 
be  immediately  filed  with  the  state  controller.  No  contract  or  agi'eement  shall  be 
made  by  said  commission  unless  the  parties  thereto  shall  waive  therein  all  claims  and 
recourse  against  the  state  of  California  for  loss  or  damage  of  person  and  property 
arising  from,  growing  out  of  or  in  any  way  connected  with  or  incident  to  such  contract 
or  agreement,  and  all  contracts  or  agreements  made  by  said  commission  in  violation  of 
this  provision  for  waiver  shall  be  void. 

Audit  claims. 

$  4.  The  said  commission,  through  the  president  or  such  other  officer  as  it  shall 
authorize,  shall  audit  all  claims  and  demands  for  moneys  expended  by  it,  or  for  expen- 
ditures of  money  which  they  have  authorized  in  writing,  and  shall  certify  such  claims 
and  demands  to  the  state  controller  who  shall  thereupon  draw  his  warrants  therefor 
upon  the  state  treasurer  payable  out  of  said  Panama-Pacific  international  exposition 
fund,  and  the  state  treasurer  shall  pay  the  same. 

Agreements  with  Panama-Pacific  international  exposition  company. 

§  5.  Said  commission  shall  have  power  to  make  and  enter  into,  with  the  Panama- 
Pacific  international  exposition  company,  a  corporation,  organized  under  the  laws  of 
the  state  of  California  on  the  twenty-second  day  of  March,  1910,  any  and  all  agree- 
ments which,  in  the  opinion  of  said  commission,  they  shall  deem  necessary  or  advisable 
to  bring  about  the  union  or  joint  action  of  said  commission  and  said  corporation  in 
furtherance  of  said  Panama-Pacific  international  exposition,  or  that  they  shall  deem 
necessary  or  advisable  to  carry  into  effect  the  provisions  of  this  act  and  section  22  of 
article  IV  of  the  constitution  of  the  state  of  California;  provided,  however,  that  all 
moneys  received  or  realized  by  said  commission  for  the  benefit  of  the  state  of  California 
under  such  agreement,  shall  be  immediately  deposited  by  the  commission  with  the  state 
treasurer  to  the  credit  of  said  Panama-Pacific  international  exposition  fund;  said 
moneys  so  deposited  by  said  commission  shall  be  subject  to  the  charge  and  control  of 
said  commission  in  like  manner  as  other  moneys  in  said  fund;  provided,  further,  that 
any  exhibitor  shall  be  permitted  to  unpack,  install,  maintain  and  repack  all  exhibits 
in  such  manner  as  he  may  see  fit,  subject  to  uniform  rules  and  regulations  established 
by  the  exposition  authorities  and  approved  by  the  commission  appointed  under  the 
terms  of  this  act. 

Expenditure  of  funds. 

§  6.  The  said  commission  shall  determine  whether  any  of  said  fund  or  any  of  the 
moneys  under  its  control  shall  be  expended  for  any  specific  purjiose  in  connection  with 
said  Panama-Pacific  international  exposition,  and  whether  any  contract  of  any  charac- 
ter shall  be  entered  into  at  any  time  with  said  Panama-Pacific  international  exposition 
company,  and  the  determination  of  the  said  commission  as  to  the  expenditure  of  any 
sum  of  monej',  or  as  to  the  making  of  any  contract,  or  as  to  the  advisability,  necessity 
or  advantage  of  any  act  in  connection  with  said  fund,  shall  be  final  and  conclusive. 
In  making  expenditures  in  pursuance  of  this  act  and  in  pursuance  of  the  provisions  of 
section  22  of  article  IV  of  the  constitution  of  the  state  of  California  or  in  performing 
any  act  in  reference  to  said  fund  or  in  the  making  of  any  contract  with  said  exposition 
company,  the  said  commission  shall  make  such  investigations  as  it  may  deem  advisable 
or  proper  and  may  in  any  manner  that  it  deems  appropriate,  inform  itself  in  reference 
to  any  matter  or  thing;  and  may  ask  and  demand  at  any  time  and  as  often  as  it  desires 
of  the  said  Panama-Pacific  international  exposition  company,  a  corporation,  a  full  and 
complote  detailed  statement  of  the  receipts  of  said  corporation  and  of  the  expenditures 


Act  1444.  e»  7-10  GKNKRAI.   I.  WVS.  731 

for  any  purpose  whafsoever,  matle  or  to  be  inaile,  or  incurred  by  said  Panaiua-Pacific 
international  exposition  conijjany,  a  corporation,  and  may  at  any  time  and  as  often  as 
it  desires,  examine  the  books,  records,  contracts,  accounts,  vouchers,  and  all  papers  of 
every  sort  and  character,  in  the  possession  of,  kept  or  used  by  the  Panama-Pacific 
international  exposition  company,  a  corporation,  and  the  said  books,  records,  contracts, 
accounts,  vouchers  and  all  papers  of  every  sort  and  character  of  the  said  Panama- 
Pacific  international  exposition  company,  a  corporation,  shall  be  open  to  inspection  of 
the  said  commission  or  its  authorized  agents,  at  all  times;  and  if  the  said  Panama- 
Pacific  international  exposition  company,  a  corporation,  shall  fail  or  refuse,  or  neglect 
to  permit  an  inspection,  or  examination,  or  investigation  by  said  commission,  or  by 
any  person  or  persons  said  commission  may  designate,  of  its  said  books,  records,  con- 
tracts, accounts,  vouchers  and  papers,  or  any  of  them,  then  and  in  that  event,  the  said 
commission  may  hold,  determine  and  decide  such  failure,  refusal  or  neglect  on  the  part 
of  said  Panama-Pacific  international  exposition  company,  a  corporation,  to  be  ample 
and  sufficient  reason  and  justification  for  the  refusal  or  the  failure  of  said  commission 
to  make  any  expenditures,  or  to  execute  any  contract,  or  to  pay  or  disburse  any  sum 
of  money. 

Accounting  system. 

^  7.  The  said  commission  shall  ask  and  demand  that  in  the  expenditure  of  any  fund 
in  connection  or  conjunction  with  the  fund  herein  described,  proper  books  of  account 
shall  be  kept  and  maintained  and  an  appi'opriate  accounting  system  shall  be  had,  and 
that  such  records  and  books  shall  be  maintained  and  kept  within  the  city  and  county 
of  San  Francisco,  as  will  enable  a  person  of  ordinary  understanding  from  an  inspection 
thereof  to  determine  the  source  and  amount  of  all  income  and  moneys  received  and  the 
exact  purpose,  in  detail,  for  which  expenditures  are  made  or  moneys  paid. 

Successors  of  Panama-Pacific  international  exposition  company. 

$  8.  All  of  the  provisions  of  this  act  shall  apply  to  the  successors  or  assigns  of  the 
Panama-Pacific  international  exposition  company,  a  corporation,  and  wherever  in  this 
act  the  said  corporation  is  referred  to,  the  said  provisions  shall  in  case  any  other  cor- 
poration, or  company,  or  individual,  shall  succeed  to  the  rights  of  said  corporation,  or 
be  substituted  in  its  jilace,  or  shall  undertake  to  hold  the  said  exposition,  be  applicable 
to  such  other  corporation,  person  or  company. 

State  not  liable. 

^  9.  The  state  of  California  shall  not  in  any  manner,  or  under  any  circumstances, 
be  liable  for  any  of  the  acts,  doings,  or  proceedings  of  any  person,  association  or  cor- 
poration with  whom  said  commission  shall  act,  co-operate,  or  join  to  carry  out  the 
purposes  of  this  act,  or  of  section  22  of  article  IV  of  the  constitution  of  the  state  of 
California,  nor  for  the  services,  salary,  labor  or  wages  of  any  ofTicers,  agents,  servants, 
or  employees  of  such  person,  association  or  corporation,  nor  for  any  debts,  liabilities  or 
expenses  of  any  kind  whatsoever  of  such  person,  association  or  corporation,  provided, 
however,  that  the  commission  may,  in  its  discretion,  employ  the  same  persons,  servants, 
agents  or  officers  that  may  be  employed  by  such  person,  association  or  corporation  with 
which  said  commission  shall  act,  co-operate  and  join  to  carry  out  the  purposes  of  this 
act,  and  contribute  to  or  pay  the  whole  or  any  part  of  their  compensation. 

No  member  of  commission  liable. 

§  10.  No  member  of  said  commission,  or  employee  thereunder,  or  any  oflBcers  thereof, 
shall  be  personally  liable  for  any  debts  or  obligations,  or  liability  that  may  be  created 
or  incurred  by  said  commission  or  by  the  state  of  California  acting  by  or  through 


mi 


733  EXPOSITIOJVS.  Act  1144,  §§  11-16 

said  commission.  Neither  said  commission  nor  any  member  thereof  shall  be  liable  in 
damages  for  the  negligence,  default  or  wrongful  act  of  any  of  the  agents,  servants  or 
employees  of  said  commission. 

Commission  may  sue. 

$  11.  Said  commission  may  execute  contracts,  hold  property  or  sue  in  its  own  name 
as  the  Panama-Pacific  international  exposition  commission  of  the  state  of  California. 
The  provisions  of  an  act  entitled:  "An  act  to  authorize  suits  against  the  state,  and 
regulating  the  procedure  therein,"  approved  February  28,  1893,  shall  not  apply  to  any 
claim  or  contract  made  by  said  commission  or  for  negligence  of  said  commissioners. 

Financial  statement. 

$  12.  Said  commission  shall,  on  the  first  day  of  December  of  each  year,  file  with  the 
state  controller  a  financial  statement  under  the  seal  of  said  commission,  and  verified  by 
the  members  thereof,  which  statement  shall  show  in  detail  the  disposition  of  all  moneys 
expended  by  it  and  to  whom  the  same  were  paid;  all  expenditures  contracted  by  it,  all 
amounts  paid  thereon,  and  the  balance  due,  if  any,  and  shall  file  with  such  financial 
statement  a  report  of  all  proceedings  of  said  commission,  the  work  accomplished  by  it, 
and  plans  proposed  and  the  status  of  all  matters  under  or  in  connection  with  the  work 
of  said  commission  and  its  funds.  Upon  completion  of  all  work  by  said  commission 
at  the  time  fixed  by  law,  said  commission  shall  render  a  full,  complete  and  final  report, 
and  file  the  same  with  the  state  controller. 

Claims  exempt  from  section  672. 

$  13.  All  claims  and  demands  arising  under  or  in  consequence  of  any  contract  or 
agreement  made  by  said  commission,  and  all  expenditures  authorized  by  it,  shall  be 
exempt  from  the  provisions  of  section  672  of  the  Political  Code. 

Indebtedness. 

$  14.  Indebtedness  incurred  and  warrants  issued  by  said  commission  shall  be  payable 
only  from  the  Panama-Pacific  international  exposition  fund,  and  shall  never  be  or 
become  general  indebtedness  of  the  state  of  California, 

Profits  of  exposition. 

$  15.  The  commission  shall  make  such  contracts  as  it  may  deem  necessary  or  appx'o- 
priate  to  insure  to  the  state  of  California,  its  proportionate  share  in  the  returns,  income, 
profits  and  holdings  of  said  exposition  and  shall  perform  such  acts  as  to  it  may  seem 
requisite  for  the  protection  of  the  interests  of  the  state  of  California  in  such  returns, 
income,  profits  and  holdings  and  shall  do  all  things  it  may  deem  advisable  to  enable  the 
state  to  receive  its  proportionate  share  of  said  returns,  income,  profits  and  holdings,  and 
to  this  end,  if  said  commission  shall  deem  it  advisable,  it  may  provide  for  its  participa- 
tion in  the  management  and  control  of  the  said  exposition. 

Tax  levy. 

$  16.  The  state  board  of  equalization  shall,  at  the  time  mentioned  in  section  3696  of 
the  Political  Code,  for  the  fiscal  year  beginning  July  first  in  the  year  one  thousand  nine 
hundred  and  eleven,  and  for  each  fiscal  year  thereafter,  to  and  including  the  fiscal  year 
beginning  July  first  in  the  year  one  thousand  nine  hundred  and  fourteen,  fix,  establish 
and  levy  such  an  ad  valorem  rate  of  taxation,  upon  every  kind  and  character  of  prop- 
erty in  the  state  of  California  not  exempt  from  taxation  on  the  first  day  of  July  in  the 
year  one  thousand  nine  hundred  and  ten,  as  when  levied  upon  all  the  property  in  this 
section  mentioned,  after  making  due  allowance  for  delinquency,  shall  raise  for  each  of 
said  fiscal  years,  the  sum  of  one  million  two  hundred  and  fifty  thousand  dollars. 


Act  1444,  §§  17-20 


GEINE^RAL  LAWS. 


730 


Tax  collected. 

5  17.  The  taxes  assessed,  levied  and  collected  for  state  purposes  under  the  provisions 
of  sections  3820,  3821,  3822,  3823,  of  the  Political  Code  shall  be  deemed  to  have  been 
assessed,  levied  and  collected  for  the  purposes  of  raising  to  the  extent  of  the  amount 
collected,  the  moneys  directed  to  be  raised  by  section  22  of  article  IV  of  the  constitu- 
tion of  this  state  as  that  section  was  amended  on  the  eighth  day  of  November  in  the 
year  one  thousand  nine  hundred  and  ten  and  as  required  by  section  16  of  this  act. 

Exposition  fund. 

$  18.  All  money  collected  by  taxation  as  in  this  act  provided  shall  be  paid  over  to 
the  state  treasurer  at  the  time  and  in  the  manner  provided  in  chapter  10,  part  III, 
title  IX  of  -the  Political  Code  and  by  said  state  treasurer  credited  to  a  fund  to  be 
known  as  the  Panama-Pacific  international  exposition  fund  and  paid  out  as  provided  in 
section  4  hereof. 


X 


Disposition  of  surplus. 

§  19.  Any  money  remaining  in  the  Panama-Pacific  international  exposition  fund 
after  the  filing  of  the  complete  and  final  report  of  said  commission  shall  be  transferred 
to  the  general  fund  of  the  state  of  California. 


$  20.     This  act  shall  take  effect  immediately. 


Constitutional  authorization  of  appropri- 
ation and  bond  issue. — See  amendment  to 
state  constitution  authorizing  state  to  ap- 
propriate $5,000,000  for  tlie  exposition: 
Stats.  1910,  p.  4.  See,  also,  amendment  to 
charter  of  San  Francisco,  authorizing  that 
city  to  issue  bonds  for  $5,000,000,  for  the 
same  purpose:    Stats.  1910,  p.  2. 

1.  Construction  o£  contract  in  favor  of 
state. — All  intendments  are  in  favor  of  the 
state  in  construing  a  contract  entered  into 
by  a  public  commission  under  the  author- 
ity of  an  ambiguous  proviso  in  the  act  cre- 
ating such  commission  and  defining  its 
power  to  make  contracts,  where  the  con- 
tract in  question  is  itself  uncertain  in  its 
terms. — Panama-Pacific  International  Ex- 
position Co.  v.  Panama-Pacific  International 
Commission,  178  Cal.  746,   174  Pac.  890. 

2.  Qualifications  of  power  of  state  com- 
mission to  make  contract  construed  as  con- 
ditions limiting  power. — Where  a  public 
commission  is  granted  power  over  prop- 
erty of  the  state,  and  the  language  of  the 
grant  contains  terms  which  qualify  the 
power,  the  qualifications  are  to  be  con- 
strued as  conditions  beyond  which  the 
grantee  of  the  power  cannot  go,  in  so  far 
as  such  qualifications  are  favorable  to  the 
state. — Panama-Pacific  International  Expo- 
sition Co.  V.  Panama-Pacific  International 
Exposition  Commission,  178  Cal.  746,  174 
Pac.  890. 

3.  Section  22,  article  IV,  of  the  constitu- 
tion is  mandatory. — The  proviso  of  section 
22,  article  IV  of  the  constitution,  is  manda- 
tory, and  the  clause  authorizing  the  com- 
mission to  make  "proper  contracts"  for  the 
purpose  of  enabling  the  state  to  share 
proportionately  with  the  contributors  in 
the  returns  from  the  exposition  requires 
the   contracts   to    be    of    that   character,    and 


limits  the  power  of  the  commission  to  that 
extent,  and  the  commission  did  not  have 
the  power  to  make  a  contract  which  would 
not  entitle  the  state  to  share  in  the  returns 
to  the  extent  stated,  or  would  give  the  state 
less  than  its  proportionate  share. — Panama- 
Pacific  International  Exposition  Co.  v.  Pan- 
ama-Pacific International  Exposition  Com- 
mission, 178  Cal.  746,  174  Pac.  890. 

4.  State  entitled  to  share  on  equal  foot- 
ing vi'ith  stoclilioldcrs. — The  provisions  of 
the  constitution  and  of  the  act  of  1911,  con- 
template that  the  state  should  be  upon  an 
equal  footing  with  the  stockholders  of  the 
company,  in  the  event  there  should  be  a 
surplus  to  divide,  and  all  contributions  by 
stockholders  are  required  to  be  counted  in 
ascertaining  the  proportion  the  state  is  en- 
titled to,  and  all  other  contributions  to  be 
excluded  in  the  division  of  such  surplus  ex- 
cept those  of  the  state  and  of  the  stockhold- 
ers of  the  company. — Panama-Pacific  Inter- 
national Exposition  Co.  v.  Panama-Pacific 
International  Exposition  Commission,  178 
Cal.  746,   174  Pac.  890. 

5.  The  provision  of  the  contract  between 
the  commission  and  the  company  that  the 
state  "shall  receive  in  any  distribution  of 
property,  dividends,  or  surplus  and  out  of 
any  remaining  property  or  assets  of  said 
exposition  an  amount  bearing  the  same  pro- 
portion to  the  total  amount  of  said  assets, 
property,  dividends,  or  surplus,  as  the  total 
contributions  of  the  state  of  California  to 
the  exposition  shall  bear  to  the  sum  total 
of  all  contributions  from  all  sources  to  said 
exposition,"  is  void,  because  contrary  to  the 
provisions  of  tlie  constitution. — Panama- 
Pacific  International  Exposition  Company  v. 
Panama-Pacific  International  Exposition 
Commission.  178  Cal.  746,  174  Pac.   890. 


737  EXPOSITIONS.  Acts  1445-1448,  |§  1, 2 

PANAMA-PACIFIC  INTERNATIONAL  EXPOSITION— DISPOSITION  OF 

STATE'S  SHARE  OF  RETURNS. 
ACT  1445 — An  act  to  provide  for  the  disposition  of  any  money  or  other  property 
accruing  to  or  to  be  received  by  the  state  of  California  as  its  proportionate  share  of 
the  returns  from  the  holding  of  the  Panama-Pacific  international  exposition. 
History:    Approved  January  11,  1916,  Stats.  1916  (ex.  sess.),  p.  43. 

Returns  accruing  to  state  from  Panama-Pacific  international  exposition. 

$  1.  The  Panama-Pacific  international  exposition  commission  of  the  state  of  Cali- 
fornia is  hereby  authorized  to  accept  and  receive  from  the  Panama-Pacific  international 
exposition  company  the  returns  accruing  to  the  state  of  California  from  the  holding 
of  the  Panama-Pacific  international  exposition. 

Disposition  of  funds. 

^  2.  On  the  receipt  of  said  returns  the  said  commission  shall  promptly  make  a  full 
report  thereof  to  the  state  controller  and  dejDosit  said  returns  with  the  state  treasurer, 
who  shall  place  the  first  two  hundred  thousand  dollars  deposited  to  the  credit  of  "the 
San  Francisco  state  normal  school-exposition  preservation  fund,"  and  the  next  fifty 
thousand  dollars  thereof  to  the  credit  of  a  fund  known  as  "the  Panama-California 
international  exposition  fund,"  which  fund  is  hereby  created,  and  the  remainder 
thereof  to  the  credit  of  the  general  fund. 

EXPOSITION  BUILDING  AT  LOS  ANGELES. 
ACT  1446 — An  act  to  provide  for  an  exposition  building  at  Los  Angeles  in  Agricultural 
park  for  the  use  of  all  of  the  counties  of  this  state,  for  the  purpose  of  maintaining 
permanent  exhibits  therein  of  the  resources  of  the  different  counties,  and  to  make 
an  appropriation  for  the  construction  of  said  exposition  building.  [Approved 
April  22,  1909,  Stats.  1909,  p.  1076.] 

History:    Approved  April  22,  1909,  Stats.  1909,  p.  1076. 

EXPOSITION  AT  LOS  ANGELES— FURNISHING  AND  EQUIPPING  BUILDING. 

ACT  1447 — An  act  making  an  appropriation  for  furnishing,  eauipping  and  maintaining 
the  exposition  building  at  Los  Angeles,  California,  and  for  establishing  and  main- 
taining a  permanent  exhibit  therein  of  the  products  and  resources  of  the  different 
counties  of  the  state  of  California. 

History:    Approved  June  16,  1913.     In  effect  August  10,  1913.     Stats. 
1913,  p.  1156. 

ACT  1448 — An  act  to  appropriate  money  to  be  used  as  a  revolving  fund  by  the  sixth 
district  agricultural  association  for  the  purpose  of  creating,  installing  and  main- 
taining special  expositions  at  Exposition  park,  Los  Angeles. 

History:     Approved  June   1,  1917.     In  effect  July  31,   1917.     Stats. 
1917,  p.  1619. 

Appropriation:  expositions  alf  Exposition  park. 

$  1.  The  sum  of  fifty  thousand  dollars  is  hereby  appropriated  out  of  any  money  in 
the  state  treasury  not  otherwise  appropriated  to  be  used  by  the  board  of  directors  of 
the  sixth  district  agricultural  association  for  holding  special  expositions  of  the  resources 
and  industries  of  the  state  of  California,  in  Agricultural  park,  otherwise  known  as 
Exposition  park  in  the  city  of  Los  Angeles,  California  during  the  sixty-ninth  and 
seventieth  fiscal  years. 

Revolving  fund.  • 

§  2.  The  sum  of  fifty  thousand  dollars,  so  appropriated,  shall  constitute  and  remain 
a  revolving  fund  in  the  hands  of  the  slate  treasurer  to  be  advanced  to  said  sixth  dis- 

tJen.  Laws — 47 


Acta  1449,  1440a  GENBRAL  LAWS.  738 

trict  agricultural  association  for  the  express  purpose  and  term  set  forth  in  section  one 
of  this  act  and  said  fund  when  so  advanced  shall  be  used  by  said  association  for  the 
purpose  of  creating,  installing  and  maintaining  special  expositions  open  to  the  resources 
and  industries  of  every  section  of  the  state  without  discrimination. 

Contingent  fund  sixth  district  agricultural  association. 

$  3.  All  collections  and  receipts  shall  be  reported  monthly  by  the  secretary  to  the 
controliw  of  the  state  and  paid  into  the  state  treasury.  Such  collections  and  receipts 
shall  be  credited  to  the  contingent  fund  of  the  sixth  district  agricultural  association, 
which  is  hereby  created  and  which  shall  be  for  the  use  of  the  said  sixth  district  agricul- 
tural association.  Of  the  moneys  in  said  contingent  fund,  when  such  action  has  been 
authorized  by  the  board  of  control,  the  association  may  draw,  without  at  the  time  fur- 
nishing vouchers  and  itemized  statements,  a  sum  not  to  exceed  one  thousand  dollars, 
said  sum  so  drawn  to  be  used  as  a  revolving  fund  where  cash  advances  are  necessary. 
At  the  close  of  each  fiscal  year,  or  at  any  other  time,  upon  demand  of  the  board  of 
control,  the  moneys  so  drawn  must  be  accounted  for  and  substantiated  by  vouchers 
and  itemized  statements  submitted  to  and  audited  by  the  board  of  control  and  by  the 
controller. 

Ketum  of  fund. 

§  4.  The  said  sum  of  fifty  thousand  dollars,  so  appropriated,  shall  be  returned  to 
the  state  treasurer  by  said  sixth  district  agricultural  association  on  or  before  the 
thirtieth  day  of  June,  1919. 

Available  for  what  expenditures. 

$  5.  The  said  sum  of  fifty  thousand  dollars,  or  so  much  thereof  as  may  be  necessary, 
shall  be  made  available  to  meet  expenditures  incurred  subsequent  to  the  first  day  of 
July,  1917. 

ITALIAN  INTERNATIONAL  EXPOSITION— CALIFORNIA  EXHIBIT. 
ACT  1449 — An  act  appropriating  money  to  pay  the  expense  of  maintaining  an  exhibit 
of  the  products  of  the  state  of  California  at  the  Italian  international  exposition,  to 
be  held  in  the  city  of  Turin,  kingdom  of  Italy,  in  the  year  1911. 

History:    Approved  April  25,  1911,  Stats.  1911,  p.  1110. 
This  act  appropriated  *10,000  for  the  purpose   Indicated. 

GHENT  UNIVERSAL  AND  INTERNATIONAL  EXPOSITION— CALIFORNIA 

EXHIBIT. 
ACT  1449a — An  act  appropriating  money  to  pay  the  expense  of  maintaining  an  exhibit 
of  the  products  of  the  state  of  California  at  the  universal  and  international  exposi- 
tion, to  be  held  in  the  city  of  Ghent,  in  the  kingdom  of  Belgium,  in  the  year  nineteen 
hundred  thirteen,  and  providing  for  a  commissioner  thereof. 

History:     Approved  April  18,   1913.     In  effect  immediately.     Stats. 
1913,  p.  37. 

Thla  act  appropriated  $12,84S.05  for  the  purpose  indicated. 

EXTENSION  OF  TIME. 

See  tit.  "Time." 

FACTORIES. 

See  tits.  "Industrial  Welfare  Commission";  "Master  and  Servant." 

• 

FAIRFIELD. 

See  Act  3094,  note. 


li 


y3»  FEEBLE-MINDED    CHILDREN.  Acts  1462, 1463 

FEATHER  RIVER. 
See  tits.  "Bridges";  "Swamp  and  Overflowed  Lands." 


CHAPTER  109. 

FEEBLE-MINDED  CHILDREN. 

References:  Asexualization  of,  see  tit.  "Asexualization." 

California  home  for  the  care  and  training  of,  established,  see  Kerr's  Cyc.  PoUtical 

Code,  §  2145. 
Insane  asylums,  generally,  see  tit.  "Insane  Asylums." 

CONTENTS  OF  CHAPTER. 

ACT.  1462.  Government  and  Management  of  California  Home  for  the  Care  and  Train- 
ing OF  Feeble-minded  Children. 

1463.  Permanent  Site  for  Home. 

1464.  Sale  of  Building  and  Site  op  Home  in  Santa  Clara  County. 

1465.  Grant  of  Eight  of  Way  for  Highway  Through  Grounds  of  Home. 

1466.  Supplement  Act — Admission  of  Idiots,  Epileptics,  Etc. 

1467.  Authorizing  the  Transfer  and  Quit  Claiming  of  Property  in  Santa  Claiu 

County. 

1468.  Appropriation  for  Improvements  and  Repairs  to  Buildings. 

1469.  Authorizing  Completion  of  Main  Buildings. 

1470.  Authorizing  Conveyance  of  Certain  Real  Property. 

1471.  Authorizing  Construction  of  Two  Pavilions  for  Epileptics. 

1472.  Authorizing  Construction  of  Dairy  Buildings. 

CALIFORNIA  HOME  FOR  FEEBLE-MINDED  CHILDREN— GOVERNMENT  AND 

MANAGEMENT. 
ACT  1462 — An  act  to  provide  for  the  government  and  management  of  the  California 
home  for  the  care  and  training  of  feeble-minded  children. 

History:  Approved  March  9,  1887,  Stats.  1887,  p.  69.  Amended 
March  14,  1889,  Stats.  1889.  p.  155.  Prior  act  of  March  18,  1885,  Stats. 
1885,  p.  198,  repealed  by  present  act.  \ 

Sonoma     State     Home.  —  The     California  the  act  of  1885  nor  the  present  act  contained 

Home  for  the  Care   and  Training  of  Feeble  any  provision  in  reference  to  the  expense  of 

Minded  Children  is  now  under  the  control  of  the  education  and  support  of  the  inmates  of 

the  state  commission  in  lunacy. — See  Kerr's  the   institution    being   a  charge   against    the 

Cyc.  Political  Code,  §  2136,  2145,   2192  et  seq.  county    from   which    they    were    sent. — State 

It  is  now  known  as  the  Sonoma  State  Home.  v.   County  of   Sonoma,    139   Cal.    264,    72   Pac. 

—-See  Kerr's  Cyc.   Political  Code,   §  2145.  1003. 

1.     Charge    aeainst    the    county. — Neither  Supplementary  act. — See  Act  1466. 

PERMANENT  HOME. 

ACT  1463 — An  act  providing  a  permanent  site  for  the  California  home  for  the  care  and 
training  of  feeble-minded  children. 

History:    Approved  March  6,  1889,  Stats.  1889,  p.  69. 

1.  Constitutionality. — The  act  Is  not  ob-  power  to  such  persons. — People  v.  Dunn,  80 
noxious   to   section   34,   article  IV,    inasmuch       Cal.  211,  13  Am.  St.  Rep.  118,  22  Pac.  140. 

as   it   makes   but   a  single   appropriation    for  3.      Same  —  Journals   of   the    legislature. 

a  single    purpose. — People   v.    Dunn.    80    Cal.  In    determining    whether    all    constituiional 

211,   13  Am.   St    Rep.   118,   22   Pac.   140.      See,  requirements    were    complied    with    in    the 

also.   People   v.   Counts,    89  Cal.    15,    26   Pac.  enactment    of    this    statute,    It    will    not    be 

612.  presumed  that  every  constitutional  require- 

2.  The  mere  selecting  of  a  site  to  be  ment  not  shown  by  the  journals  of  the  leg- 
purchased  for  a  state  home  for  feeble  islature  to  have  taken  place  did  not  take 
minded  children  is  not  a  legislative  act,  place. — People  v.  Dunn,  80  Cal.  211,  13  Am. 
and  authorizing  this  to  be  done  by  certain  St.  Rep.  118,  22  Pac.  140.  See,  also.  County 
persons    is    not    a    delegation    of    legislative  of  Yolo   v.   Colgan,    132   Cal.    265,   84   Am.   St. 

Rep.   41.  64  Pac.  403. 


Acts  1464-1470  GENERAI,   I.  VAVS.  740 

SALE  OF  SANTA  CLARA  COUNTY  PROPERTY. 
ACT  1464 — An  act  to  authorize  and  direct  the  sale  of  the  site  and  buildings  of  the 
California  home  for  the  care  and  training  of  feeble-minded  children,  in  Santa  Clara 

county.  History:    Approved  March  19,  1891,  Stats.  1891,  p.  133. 

GRANT  OF  RIGHT  OF  WAY  FOR  HIGHWAY. 
ACT  1465— An  act  granting  to  the  board  of  supervisors  of  Sonoma  county,  California, 
right  of  way  through  the  lands  of  the  California  home  for  the  care  and  training  of 
feeble-minded  children,  to  enable  said  board  of  supervisors  to  change  the  location 
of  the  public  highway  now  traversing  said  lands.  ; 

History:    Approved  March  23,  1893,  Stats.  1893,  p.  277. 

SUPPLEMENTARY  ACT— ADMISSION  TO  HOME,  OF  IDIOTS  AND 

EPILEPTICS. 
ACT  1466 — An  act  to  authorize,  empower,  and  direct  the  California  home  for  the  care 
and  training  of  feeble-minded  children,  to  admit  idiots,  epileptics  and  mentally 
enfeebled  paralytics  into  said  institution;  to  provide  for  the  support  of  all  inmates 
therein,  and  to  repeal  all  acts  or  parts  of  acts  in  conflict  with  the  provisions  of 
this  act. 

History:    Approved  March  31,  1897,   Stats.   1897,  p.  251.     Amended 
March  23,  1901,  Stats.  1901,  p.  795. 

1.     Complaint. — A  complaint   in  an  action  the  act,  or  that  the  trustees  ever  made  any 

by   the   state    against   a   county   for   the   ex-  arrangement  without  any  county  ofRcial  for 

pense   of  the  care  and  training  of  a  feeble  such  payment,  fails  to  state  a  cause  of  ac- 

mlnded  child,  under  this  act,  which  fails  to  tion. — State  v.  Sonoma  County,  139  CaL  264, 

show    that    the    officiating    judge    made    an  72  Pac.  1003. 
order  for  such  payment  as  provided  for  by 

TRANSFER  AND  QUITCLAIM  SANTA  CLARA  PROPERTY. 

ACT  1467 — An  act  to  authorize  and  empower  the  trustees  of  the  California  home  for 
care  and  training  of  feeble-minded  to  transfer  and  quitclaim  certain  real  property 
to  the  trustees  of  the  town  of  Santa  Clara. 

History:    Approved  March  20,  1903,  Stats.  1903,  p.  319. 

IMPROVEMENT  AND  REPAIRS  OF  HOME. 
ACT  1468 — An  act  to  provide  for  certain  improvements  and  repairs  to  the  California 
home  for  the  care  and  training  of  feeble-minded  children,  making  an  appropriation 
therefor. 

History:    Approved  June  14,  1906,  Stats.  1906  (ex.  sess.),  p.  27. 
This   act  appropriated   the  sum   of   $72,500   for  the  purpose  indicated. 

COMPLETION  OF  MAIN  BUILDINGS. 

ACT  1469 — An  act  authorizing  and  directing  the  completion  of  the  main  buildings  at 

the   California  home   for  the  care   and  training   of   feeble-minded  children,   near 

Eldridge,  California,  and  making  an  appropriation  therefor. 

History:     Approved  March   11,   1907,   Stats.  1907,  p.  199.     Amended 
March  25,  1909,  Stats.  1909,  p.  794. 

AUTHORIZING  CONVEYANCE   OF  CERTAIN  PROPERTY. 
ACT  1470 — An  act  to  authorize  and  enable  the  board  of  managers  of  the  California 
home  for  the  care  and  training  of  feeble-minded  children  to  convey  certain  real 
property.  History:    Approved  March  21,  1907,  Stats.  1907,  p.  781. 


i 


741  FEES.  Acts  1471-1475 

AUTHORIZING  CONSTRUCTION  OF  TWO  PAVILIONS  FOR  EPILEPTICS. 
ACT  1471 — An  act  authorizing  and  directing  the  construction  and  furnishing  of  two 
pavilions  for  colonizing  epileptic  patients  at  the  California  home  for  the  care  and 
training  of  feeble-minded  children,  near  Eldridge,  California,  and  making  an  appro- 
priation therefor. 

History:    Approved  March  11,  1907,  Stats.  1907,  p.  200. 
AUTHORIZING  CONSTRUCTION  OF  DAIRY  BUILDINGS. 
ACT  1472 — An  act  authorizing  and  directing  the  construction  of  dairy  buildings  and 
for  the  purchase  of  dairy  apparatus  at  the  California  home  for  the  care  and  training 
of  feeble-minded  children,  near  Eldridge,  California,  and  making  an  appropriation 
therefor. 

History:    Approved  March  11,  1907,  Stats.  1907,  p.  201. 


CHAPTER  110. 

FEES. 

References:   Fees  and  salaries  in  general,  see  Kerr's  Cyc.  Political  Code,  appropriate 

title. 
Fees  in  particular  instances,  see  particular  title. 
Fees  in  pension  matters,  see  Kerr's  Cyc.  Political  Code,  §  4302. 
Fees  for  filing  statement  and  affidavit  of  candidates,  etc.,  see  Kerr's  Cyc.  Political 

Code,  §  4301. 
Fees  for  filing  and  swearing  to  demand  against  county,  see  Kerr's   Cyc.  Political 

Code,  §  4301. 

CONTENTS  OF  CHAPTER. 

ACT  1475.  Fees  and  Salaries  of  Certain  Officers. 

1477.  Fees,  E^c,  in  Cities  and  Cities  and  Counties  of  Over  100,000  Inhabitants, 

1479.  Fees  of  County,  Township  and  Other  Officers. 

1480.  Payment  of  Fees  to  Trial  Jurors. 

1481.  Payment  to  Municipal  Officers  Out  of  Funds  of  County. 

ACT  1475 — An  act  to  regulate  fees  of  office  and  salaries  of  certain  officers,  and  to 

repeal  certain  other  acts  in  relation  thereto. 

History:  Approved  March  5,  1870,  Stats.  1869-70,  p.  148.  Amended 
April  4,  1870,  Stats.  1869-70,  pp.  677,  680;  February  21,  1872,  Stats. 
1871-72,  p.  140;  March  1,  1872,  Stats.  1871-72,  pp.  178,  188;  March  2, 
1872,  Stats.  1871-72,  p.  219;  March  1,  1878,  Stats.  1877-78,  p.  134;  May 
21,  1917.  In  effect  July  27,  1917.  Stats.  1917,  p.  788.  Supplemented 
April  1,  1872,  Stats.  1871-72,  p.  910;  February  17,  1874,  Stats.  1873-74, 
p.  102.  Repealed  as  to  Sacramento  county  February  28,  1874,  Stats. 
1873-74,  p.  204;  as  to  Colusa  county,  March  30,  1874,  Stats.  1873-74, 
p.  873.  Superseded  as  to  various  counties  in  various  particulars  at 
various  times,  and  all  particulars  relating  to  fees  and  salaries  of  the 
county  officers  therein,  by  the  various  county  government  acts  from 
1883  to  1897,  and  their  amendments  (see  Kerr's  Cyc.  Political  Code, 
§§  4230,  et  seq.).  The  provisions  as  to  fees  and  commissions  paid  by 
the  state  for  assessment,  equalization,  auditing  and  collecting  ad 
valorem  taxes,  were  .repealed  by  the  act  of  February  23,  1893,  p.  5 
(County  of  Yoio  v.  Colgan,  132  Cal.  265,  64  Pac.  403).  The  act  is  prob- 
ably not  now  in  force  in  any  except  minor  particulars  (see  notes,  also 
see  Act  1479,  and  notes).  The  act  repealed  all  previous  acts  relating 
to  the  subject  dealt  with. 

The  amendment  of  1917  is  as  follows: 

Fees  of  grand  and  trial  jurors. 

$  28.  Grand  and  trial  jurors  shall  receive  the  fees  as  established  by  law.  No  juror 
who  shall  be  excused  from  attendance  upon  his  own  motion,  on  the  first  day  of  his 
appearance,  in  obedience  to  the  venire,  shall  receive  per  diem,  but  mileage  only.  In 
civil  actions  tried  by  a  jury  the  party  or  parties  to  the  action  who  shall  announce  that 


Act  1475 


GBNRRAK   l-AWS. 


742 


a  trial  by  jury  is  required  shall  pay  the  trial  jury  their  per  diem  fees  as  jurors  but 
shall  recover  the  fees  so  paid,  except  in  actions  to  recover  the  possession  of  personal 
property  where  the  value  of  the  property  recovered  amounts  to  less  than  three  hundi-ed 
dollars  and  in  actions  for  the  recovery  of  money  or  damages  where  the  recovery  is  less 
than  three  hundred  dollars,  as  costs  from  the  party  or  parties  against  whom  the  verdict 
is  rendered.  For  that  purpose  (he  party  or  parties  to  the  action  who  shall  announce  that 
a  trial  by  jury  is  required  shall  be  required  during  the  trial  to  deposit  daily  with  the 
clerk  of  the  court,  at  or  before  the  time  the  case  each  day  is  called  for  trial,  the 
amount  of  money  necessary  to  pay  in  full  the  trial  jury  fees,  for  such  day.  Out  of 
the  total  sum  of  money  so  deposited  the  clerk  shall  pay  daily  to  each  trial  juror  the 
fees  to  which  he  shall  be  entitled  as  provided  by  law.  Clerks  of  courts  of  record  shall 
keep  an  account  of  all  money  received  for  trials  by  each  juror  during  the  term,  and 
if  the  sum  so  received  by  such  juror  shall  not  amount  to  the  jury  fees  provided  by  law 
per  day,  he  shall  deliver  to  such  juror  a  certificate  of  the  time  for  which  he  is  entitled 
to  receive  pay,  which  shall  be  paid  out  of  the  county  treasury  as  other  county  dues. 
If  in  any  trial  in  a  civil  case  the  jury  be  for  any  cause  discharged  without  finding  a 
verdict,  the  fees  of  the  jury  shall  be  paid  by  the  party  who  shall  have  announced  that 
a  trial  by  jury  is  required,  but  may  be  recovered  as  costs  if  he  afterwards  obtain 
judgment;  and  until  they  are  paid  no  further  proceedings  shall  be  allowed  in  the 
action.  On  the  first  day  of  each  regular  meeting  of  the  board  of  supervisors  the  clerks 
of  courts  of  record  shall  file  with  the  clerk  of  the  board  of  supervisors  of  their  respec- 
tive counties  a  detailed  statement,  containing  a  list  of  the  jurors,  and  the  amount  of 
fees  earned  by  each  juror  and  paid  out  of  the  county  treasury.  No  allowances  shall 
be  made  to  any  clerk  for  any  service  performed  by  him,  until  the  statement  required  by 
this  section  shall  have  been  filed  as  aforesaid.  [Amendment  of  May  21,  1917.  In 
effect  July  27,  1917.    Stats.  1917,  p.  788.] 

The  amending  act  of  1917  contains  the  following: 

Eepealed. 

$  2.     All  acts  and  parts  of  acts  in  conflict  with  this  act  are  hereby  repealed. 

3.  The  act  of  JS»5  (Stats.  1895,  p.  267) 
did  not  repeal  the  act  of  1870  except  as  to 
the  amount  of  the  fees  allowed  jurors,  and 
not  as  to  the  mode  of  payment. — Hilton  v. 
Curry,    124   Cal.    84,   56   Pac.   784. 

4.  NeooK.sity  for  payment  of  cost  of  Jury 
In  civil  caKCi. — Cases  upholding  the  require- 
ment that  expenses  of  jury  trials  must  be 
paid  before  further  proceedings  are  al- 
lowed.— Lukes  V.  Logan,  66  Cal.  33;  Fair- 
child  V.  King,  102  Cal.  320;  Carpenter  v. 
Jones,    121  Cal.   362. 

5.  Suits  in  forma  pauperis. — The  act  of 
1917  and  the  act  of  1868  requiring  payment 
of  cost  of  jury  trial  have  no  application 
in  a  case  where  the  plaintiff  Is  permitted 
to  sue  in  forma  pauperis. — Majors  v.  Su- 
perior Court,   58   Cal.  Dec.   273. 

6.  Fees  of  jurors  in  criminal  cases  in  San 
Francisco. — Neither  the  act  of  1870,  nor  the 
act  of  1866  (Stats.  1865-66,  p.  122),  nor  the 
consolidation  act  (Stats.  1856,  p.  145),  nor 
the  act  of  1895  (Stats.  1895,  p.  267),  author- 
izes the  payment  of  jurors  in  criminal  cases 
in  San  Francisco  out  of  tlie  municipal  treas- 
ury.— Birch  V.  Phelan,  127  Cal.  49,  59  Pac. 
209;  Powell  v.  Phelan,  138  Cal.  271,  71  Pac. 
3S5. 

7.  Fees  of  jurors  In  civil  cases  In  San 
Francisco. — The    act    of    1870    exjjressly    ex- 


Act  not  In  force — Exceptions. — This  act  is 
probably  not  in  force  in  any  respect  except 
as  to  the  provisions  of  section  28,  as 
amended  In  1917,  and  possibly  section  33  as 
to  fees  of  interpreters  and  translator,  which 
does  not  appear  to  have  been  amended. 
These  two  sections  are  reprinted  here. 

Code  commissioner's  note:  "Repealed,  as 
to  the  salaries  and  fees  therein  named,  by 
the  various  County  Government  Acts,  com- 
mencing with  1883,  p.  299,  and  ending  with 
1897,  p.  452.  Repealed  by  fee  bill  of  1895, 
p.  267,  as  to  the  officers  therein  named;  also 
repealed  as  to  sundry  counties  by  special 
acts  relating  to  them.  (Swinnerton  v. 
Monterey  Co.,  76  Cal.  115  [18  Pac.  135];  Sac- 
ramento Co.  v.  Colgan,  114  Cal.  246,  [46  Pac. 
175];  County  of  Tolo  v.  Colgan,  132  Cal.  265, 
[84   Am.   St.   Rep.    41,   64   Pac.    43]. >" 

1.  Act  repealed. — The  act  of  1870  was 
repealed  so  far  as  Sacramento  County  was 
concerned  by  the  act  of  February  28.  1874 
(Stats.  1873-74,  p.  204). — County  of  Sacra- 
mento  V.   Colgan,   114    Cal.   246,    46    Pac.   175. 

2.  Act  not  repealed. — That  portion  of  the 
act  of  1870  as  amended  In  1872  (Stats.  1871- 
72,  p.  188)  relating  to  fees  of  jurors  in  civil 
cases,  was  not  repealed  by  the  codes,  nor 
by  the  act  of  1895  (Stats.  1895,  p.  267).— 
Carpenter  v.  Jones,  121  Cal.  362,  53  Pac.  842. 


il 


713 


fe:e:s. 


Acts  1477,  1479 


ceptecl  and  exempted  San  Francisco  from  Its 
operations,  and  the  provision  as  to  the  issue 
of  a  juror's  certificate  is  not  repugnant  to 
the  provisions  of  the  act  of  1895  (Stats. 
1895,  p.  267)  relating-  to  the  fees  of  jurors. — 
Hilton   V.   Curry,    124   Cal.    84,    56   Pac.   784. 

8.  The  right  of  a  juror  to  compensation 
is  purely  statutory,  and  he  can  only  claim 
such  compensation  in  the  manner  and 
amount  prescribed  by  statute. — Hilton  v. 
Curry,  124  Cal.  84,  56  Pac.  784. 

9.  Fees  of  trial  jurors. — Trial  jurors  are 
given  compensation  only  for  attendance, 
and  not  when  excused  from  attendance. — 
Jacobs  V.  Elliott,  104  Cal.  318,  37  Pac.  942. 

10.  Order  to  issne  juror's  certificate.^ 
The  jurisdiction  to  make  the  order  under 
section  28  as  to  issue  of  jurors'  certificates 
in  civil  cases,  in  case  the  fees  are  not  paid 
by  the  plaintiff,  and  payment  out  of  the 
county  treasury  rests  on  special  circum- 
stances, and  when  those  circumstances  do 
not  exist,  the  court  has  no  power  to  make 
it. — Ex  parte  Makinney,  2  Cal.  Unrep.  283, 
3  Pac.  253. 

11.  Justices'  fees. — The  provision  of  the 
amendment  of  1878  (Stats.  1877-78,  p.  134) 
requiring  "all  fees  of  justices  of  the  peace" 
to  be  paid  before  a  justice  is  compelled  to 
forward  the  papers  on  appeal,  contemplates 
the  payment  of  all  fees  incurred  by  both 
appellant  and  respondent;  and  that  provi- 
sion is  not  in  conflict  with  section  977,  Code 
of  Civil  Procedure. — Webster  v.  Hanna,  102 
Cal.  177,   36  Pac.  421. 

12.  Di.strict  attorney  —  Fees  in  prosecu- 
tions before  justices'  courts. — Where  the 
district  attorney  did  not  institute  the  pro- 
ceeding, and  did  not  appear  and  prosecute 
the  case,  either  in  person  or  by  deputy,  he 
is  not  entitled  to  fees  in  prosecutions  before 


a  justice  court  under  the  act  of  1870  and 
sections  4256-4258,  Political  Code. — Edwards 
V.  County  of  Fresno,  74  Cal.  475,  16  Pac.  239. 

13.  Fines  for  breaches  of  city  ordinances. 
— The  state  has  no  interest  whatever  in 
fines  collected  for  breaches  of  city  ordi- 
nances, nor  in  the  prosecution  thereof,  and 
the  fees  of  the  district  attorney  for  the 
prosecution  of  such  cases  cannot,  under  the 
act  of  1870,  become  a  charge  against  the 
county. — Pillsbury   v.    Brown,    47   Cal.    477. 

14.  Appealable  order. — The  refusal  of  the 
court  to  make  an  order  allowing  the  sheriff 
keeper's  fees,  is  not  appealable. — Greehn  v. 
Shumway,  73  Cal.  263,  14  Pac.  863. 

15.  Keeper's  fees. — A  permission  given 
on  the  street,  to  the  sheriff,  by  the  judge, 
to  pay  keeper's  fees,  is  not  an  order;  and 
even  the  judge  had  promised  to  have  the 
order  entered,  it  would  not  have  amounted 
to  an  order. — Shumway  v.  Leaky,  73  Cal. 
260,  14   Pac.   841. 

15a.  Under  this  act  the  sheriff  is  not  al- 
lowed payment  for  keeping  possession  of 
and  preserving  property  under  attachment 
or  execution  until  an  allowance  is  made  by 
the  court. — Geil  v.  Stevens,  48  Cal.  590; 
Bower  v.  Rankin,  61  Cal.  108;  Shumway  v. 
Leaky,   73  Cal.   260,   14   Pac.   841. 

After  an  order  allov^ing  keeper's  fees  has 
been  made  the  amount  due  is  just  debt  and 
may  be  set  out  as  a  counter  claim  in  an 
action  against  the  sheriff  for  damages  for 
failure  to  sell  property  under  execution. — 
Alexander  v.  Wilson,  7  Cal.  Unrep.  195,  79 
Pac.    274. 

16.  Order  for  payment  of  keeper's  fees 
must  be  made  in  the  attachment  suit,  and 
not  in  another  action. — Shumway  V.  Leaky, 
73  Cal.  260,  14  Pac.  841. 


FEES,  ETC.,  IN  CITIES  AND  COUNTIES  OF  OVER  100,000  INHABITANTS. 

ACT  1477 — An  act  to  provide  and  regulate  the  manner  of  receiving  and  paying  fees, 

commissions,  percentages,  and  other  compensation  for  of&cial  services  in  cities  and 

cities  and  counties  having  a  population  of  over  one  hundred  thousand  inhabitants, 

and  prescribing  the  duties  of  ofiicers  -with  reference  thereto. 

History:     Approved  March  11,   1893,   Stats.   1893,  p.   127.     Amended 
March  20,  1895,  Stats.  1895,  p.  164. 


1.  Constitutionality  —  Arbitrary  distinc- 
tion.— The  act  is  unconstitutional  and  in- 
valid because  based  on  an  arbitrary  distinc- 
tion, since  the  law  being  for  the  protection 
of  the  municipality  and  not  for  the  conve- 
nience of  the  public,  there  is  no  reason  why 
the  same  protection  should  not  be  given 
cities  of  less  population. — Rauer  v.  Williams, 
118  Cal.  401,  50  Pac.  691. 

2.  Same — Special  law. — The  act  is  uncon- 


stitutional and  invalid,  because  It  Is  a  spe- 
cial law  passed  in  a  case  where  a  general 
law  Is  applicable. — Rauer  v.  Williams,  118 
Cal.  401,  50  Pac.  691. 

3.  Two-dollar  jndjerment  fee. — This  act 
does  not  contemplate  or  permit  the  recep- 
tion by  a  justice  of  the  peace  personally  of 
a  two-dollar  fee  for  the  entry  of  a  judg- 
ment.— Reid  v.  Groezinger,  115  Cal.  551,  47 
Pac.  374. 


FEES  OF  COUNTY,  TOWNSHIP  AND  OTHER  OFFICERS. 
ACT  1479 — An  act  to  establish  the  fees  of  county,  township  and  other  ofiicers,  and  of 
jurors  and  witnesses  in  this  state. 

History:    Approved  March  28,  1895,  Stats.  1895,  p.  267. 


Code  commissioners'  note:  "Unconstitu- 
tional as  to  the  requirement  of  a  deposit  on 
the  appraised  valuation  of  estates  (Fatjo  v. 
Pfl.ster,  117  Cal.  83  [48  I'ao.  1012]);  also  in  so 


far  as  it  provides  that  justices  shall  retain 
fees  for  their  own  use  (Reid  v.  Groezinger, 
115  Cal.  551  [47  Pac.  374]);  also  as  to  the 
amount    of  justices'    fees    generally    (Dwyer 


Act  1480 


GENKRAL  L.AAVS. 


744 


7.  Parker,  115  Cal.  544  [47  Tac.  372]).— See 
r;ooley  V.  Calaveras  Co..  121  Cal.  482  [53  Pac. 
1075];  also  as  to  constables  in  counties  of 
the  thirty-fourth  class  (Kiernan  v.  Swan, 
131   Cal.   410    [63   Pac.   7G8])." 

Kdltor's  no<e:  Statutes  fixing  fees  of 
county  and  township  officers  prior  to  the 
County  Government  Act  of  1883  were  re- 
pealed by  the  latter  statute  in  the  following 
provisions:  Sec.  164 — "The  salaries  and  fees 
provided  for  in  this  act  shall  be  In  full  com- 
pensation for  all  services  of  every  kind  and 
description  rendered  by  the  officers  therein 
named,"  etc.  Sec.  182 — "The  provisions  of 
this  act,  so  far  as  it  relates  to  the  fees  and 
salaries  of  all  officers  named,  except  justices 
of  the  peace  and  constables,  shall  not  affect 
the  present  incumbents,"  etc.  Sec.  184 — "All 
acts  and  parts  of  acts  inconsistent  with  this 
act  are  hereby  repealed."  So  the  statute 
here  given  purports  to  fix  fees  that  may  be 
charged  and  repeals  "all  acts  or  portions  of 
acts  inconsistent  therewith." 

Jury  fees. — It  may  be  further  noted  that, 
while  the  amount  of  Jury  fees  is  here  fixed, 
yet  it  has  been  held  that  the  provision  in 
the  statute  of  1870,  as  amended  by  1871-2, 
p.  188,  ch.  CLXVIII,  that  jury  fees  shall  be 
paid  by  party  calling  for  jury,  where  jury 
is  discharged  without  having  arrived  at  a 
verdict,  has  not  been  repealed  by  the  codes 
nor  by  subsequent  legislation. — Carpenter  v. 
Jones,  121  Cal.  362,  364,  53  Pac.  842. 

And  aft  to  feen  in  Snn  FrnnoiiDoo,  it  was 
held  that  the  statute  of  1866  had  not  been 
repealed,  as  to  the  mode  in  which  payment 
should  be  made. — Hilton  v.  Curry,  124  Cal. 
84-89,  56  Pac.  784;  Birch  v..  Phelan,  127  Cal. 
49,  50,  51,  59  Pac.  209;  but  that  statute  is 
now  repealed:  1005,  387,  ch.  CCCXXXI. 

1.  Constitutionality — Whole  act  not  in- 
validated.— The  unconstitutionality  of  the 
provisions  of  the  act  relating  to  the  com- 
pensation of  justices  of  the  peace  and  con- 
stables does  not  invalidate  the  whole  act, 
and  there  remains  a  full  and  complete  fee 
bill  for  all  county  and  township  officers 
named,  which  to  that  extent  supersedes  the 
county  government  act  of  1893. — Dwyer  v. 
Parker,  115  Cal.  544,  47  Pac.  372.  See,  also, 
Burce  v.  Jack,  135  Cal.  535. 

'2,  Same — Uniform  operation. — The  act  Is 
obnoxious  to  the  provision  of  section  11, 
Article  I  of  the  constitution,  requiring  all 
laws  of  a  general  nature  to  have  a  uniform 
operation. — Dwyer  v.  Parker,  115  Cal.  544, 
47  Pac.  372. 

3.  Same — Fixing  feeg  of  JU8tlce«  of  the 
I»eace  ^vlthout  regard  to  clamxiflcation  of 
oonnties. — The  act  is  obnoxious  to  section  5, 
Article  XI  of  the  constitution,  because  it 
attempts  to  fix  the  compensation  of  justices 
of  the  peace  and  constables  without  regard 
to  the  classification  of  counties  required  in 
order   to    fix    such    compensation    in    propor- 


tion to  duties  performed. — Dwyer  v.  Parker, 
115  Cal.  544,  47  Pac.  372.  See,  also,  Knight 
V.  Martin,  128  Cal.  245,  60  Pac.  849;  Kiernan 
V.  Swan,  131  Cal.  410,  63  Pac.  768;  TJiom  v. 
Los  Angeles,  136  Cal.  375,  69  Pac.  18;  John- 
ston v.  Los  Angeles,  5  Cal.  Unrep.  568,  47 
Pac.  374;  Westerfleld  v.  Riverside  County,  5 
Cal.  Unrep.   855,  50  Pac.   929. 

4.  Same — Iniponition  of  tax  for  count.v 
purpoNfM.- — Section  1  of  the  act  violates  sec- 
tion 12,  Article  XII  of  the  constitution,  in 
that  it  attempts  to  impose  a  tax  for  county 
purposes. — Fatjo  v.  Pfister,  117  Cal.  83,  48 
Pac.  1012.  See,  also,  Wingerter  v.  San  Fran- 
cisco, 134  Cal.  547,  86  Am.  St.  Rep.  294,  6G 
Am.  Rep.  730;  Trower  v.  San  Francisco, 
152  Cal.  479,  15  L.  R.  A.  (N.  S.)  183,  92  Pac. 
1025. 

6.  Same — Subject  not  ecrmane — Xot  ex- 
pressed In  title. — Section  1  of  the  act  vio- 
lates section  24,  Article  IV  of  the  constitu- 
tion, in  that  its  subject  Is  not  expressed  in 
the  title  and  is  not  germane  thereto. — Fatjo 
v.  Pfister,  117  Cal.  83,  48  Pac.  1012.  See,  also. 
Wingerter  v.  San  Francisco,  134  Cal.  547. 
86  Ajn.  St.  Rep.  294,  66  Pac.  730;  Trower  v. 
Ban  Francisco,  152  Cal.  479,  15  L.  R.  A 
(N.  S.)   183,  92  Pac.  1025. 

6.  Same — Illegal  tax. — Section  1  of  the 
act  is  obnoxious  to  section  1,  Article  XIII 
of  the  constitution,  in  that  it  is  an  attempt 
under  the  guise  of  fee  to  impose  an  ad 
valorem  property  tax  upon  the  estates 
named,  regardless  of  their  solvency  or  in- 
solvency.— Fatjo  v.  Pfister,  117  Cal.  83,  48 
Pac.  1012.  See,  also,  Wingerter  v.  San  Fran- 
cisco, 134  Cal.  547,  86  Am.  St.  Rep.  294,  66 
Pac.  730;  Trower  v.  San  Francisco,  152  Cal. 
479,  15  L.  R.  A.   (N.  S.)  183,  92  Pac.  1025. 

7.  The  act  Is  applioalile  to  San  Francineo. 
is  repugnant  to  the  act  of  1866  (Stats. 
1865-66,  p.  66),  is  a  valid  law,  and  operated 
as  a  repeal  of  that  act. — Miller  v.  Curry. 
113  Cal.  644.  45  Pac.  877.  But,  see,  Doyle  v. 
Eschen,  5  Cal.  App.  55,  89  Pac.  836. 

8.  Tlie  not  had  no  application  to  the  City 
and  Connty  of  San  Francisco. — Powell  v. 
Phelan,  138  Cal.  271;  71  Pac.  335. 

9.  Fees  of  justices  of  the  peace. — The 
two-dollar  fee  for  all  services  performed  by 
the  justice  of  the  peace  before  trial  Includes 
issuance  of  attachment  and  approval  of 
bond,  including  justification  of  sureties,  not- 
withstanding separate  provisions  for  process 
not  otherwise  provided  for,  and  for  taking 
and  approving  bond. — Kozminsky  v.  Wil- 
liams, 126  Cal.  26,  58  Pac.  310. 

10.  Witness  fees  in  criminal  cases. — The 
act  does  not  provide  for  the  means  or  man- 
ner of  paying  fees  of  witnesses  in  criminal 
cases. — Murphy  v.  Madden,  130  Cal.  674,  63 
Pac.  80. 

11.  Superseded. — This  act  was  super- 
seded. See  Kerr's  Cyc.  Political  Code, 
55  4300,  4300a,  4300k,  4301. 


PAYMENT  OF  TRIAL  JURORS'  FEES. 
A.CT  1480 — An  act  for  the  payment  of  the  fees  due  to  trial  jurors,  who  have  served  as 
such  in  the  superior  court  of  any  county  or  city  and  county  of  this  state,  oudcr  the 
?c%  of  1295. 

History:    Approved  March  23,  1901,  Stats.  1901,  p.  684. 


I 


745  FENCES.  Acts  1481-1493 

PAYMENT  OF  MUNICIPAL  OFFICERS. 

ACT  1481 — An  act  forbidding  the  payment  of  municipal  officers  out  of  the  funds  of 

the  county. 

History:    Approved  March  8,  1905,  Stats.  1905,  p.  88. 

$  1.  In  no  case  shall  the  fees  of  a  city  justice  of  the  peace,  town  or  city  recorder 
or  city  or  town  marshal,  for  services  in  any  criminal  action,  be  a  charge  against  the 
county. 

1.     Constitutionalitr. — The  act  is  clearly  a       71    Pac.    335.     See,    also,    Jackson   v.    Baehr, 
violation  of  section  31,   Article    IV    of    the       138  Cal.  266,  71  Pac.  167. 
constitution. — Powell  v.  Phelan,  138  Cal.  271, 

CHAPTER  IIL 

FENCES. 

References:   Acts  relating  to,  continued  in  force,  Kerr's  Cyc.  Political  Code,  S  19. 
Construction  of  along  highways,  see  Kerr's  Cyc.  Political  Code,  §2647. 
Estrays,  see  tit.  "Estrays." 

Fences  in  particular  counties,  see  particular  county. 

Opening,  tearing  down,  destroying,  see  Kerr's  Cyc.  Penal  Code,  S  602,  subdY.  (h). 
Removal  of  in  laying  out  highways. 
Trespassing  animals,  see  tit.  "Trespassing  Animals." 
See,  generally,  tits.  "Hogs" ;  "Goats";  "Sheep." 

CONTENTS  OF  CHAPTER. 

ACT  1492.  Concerning  Lawfui,  Fences  and  Trespassing  Animals  on  Enclosed  Lands. 

1493.  Concerning  Lawful  Fences  in  Certain  Counties. 

1494.  Concerning  Lawfxil  Fences  in  Certain  Counties. 

1495.  Construction  of  Division  Fences. 

1496.  Height  of  Division  and  Partition  Fences. 

1497.  "Spite"  Fences,  and  Abatement  Thereof. 

1499.    Entering,  Passing  Through,  and  Hunting  on  Enclosed  Land. 

CONCERNING  LAWFUL  FENCES  AND  TRESPASSING  ANIMALS. 
ACT  1492 — An  act  concerning  lawful  fences,  and  animals  trespassing  on  premises 
lawfully  enclosed. 

History:  Passed  March  30,  1850,  Stats.  1850,  p.  131.  (See  Act  1493, 
and  notes  to  this  act.) 

Code  commissioners'  note:  "Repealed  as  Ing-  from  their  being-  permitted  to  run  at 
to  many  counties  by  tlie  statute  of  1855,  large. — Logan  v.  Gedney,  38  Cal.  579. 
p.  154,  from  which,  however,  Amador,  Butte,  2.  Repeal. — The  effect  of  the  act  of  March 
Calaveras,  Colusa,  Klamath,  Nevada,  Placer,  7,  1878  (Stats.  1877-78,  p.  176),  concerning 
•San  Bernardino,  San  Diego,  Santa  Barbara,  trespassing  of  animals  in  certain  counties  in 
Shasta,  Siskiyou,  Trinity,  Tuolumne,  and  California,  was  to  repeal  the  act  of  1850 
Yuba  counties  were  omitted.  The  statute  of  concerning  lawful  fences,  so  far  as  the 
1855  was  afterwards  amended  to  include  counties  named  were  concerned. — Elevens  v. 
Butte,  Calaveras,  and  Nevada.  Special  acts  Mullally,  22  Cal.  App.  519,  135  Pac.  307. 
were  passed  relating  to  other  counties,  but  3.  Liability  for  injuries  to  passing  ani- 
the  statute  of  1850  has  apparently  not  been  mals — Question  of  lawful  fence,  vel  non, 
repealed  as  to  Amador,  Klamath,  San  Diego,  immaterial. — The  liability  of  one  who  main- 
Santa  Barbara,  Siskiyou,  and  Trinity  coun-  tains  a  fence  along  a  public  highway  for 
ties."  injuries  to  passing  animals,  does  not  depend 

1.     Common  law  rule. — This  act  is  by  nee-  upon    the   question   whether   his   fence   came 

essary   implication   directly    in   conflict  with  up   to   the  standard  adopted   by   the  legisla- 

and    repugnant    to   the    rule    of   the   common  ture  in  this  act,  which  is  merely  descriptive 

law    that   every   man    is    bound    to   keep    his  of   what    the    legislature   considered    a   good 

beasts  in  his  own  close  under  penalty  of  an-  fence,    so    far    as    trespassing   animals    were 

swering  in  damages  for  all  injuries  result-  concerned. — Loveland  v.  Gardner,  79  Cal.  317, 

21  Pac.  766. 

CONCERNING  LAWFUL  FENCES. 
ACT  1493 — An  act  concerning  lawful  fences. 

History:  Approved  April  27,  1855,  Stats.  1855,  p.  154.  Amended 
April  9,  1859,  Stats.  1858,  p.  123;  April  3,  1S60,  Stats.  1860,  p.  141; 
May  IS,  1861,  Stats.  1861,  pp.  510,  513:  April  4.  1864,  Stats.  1864, 
p.  465.     Most  of  the  amendatory  acts  were  also  supplementary. 


Acts  1404.  1495 


GENERAL   LAAVS. 


r46 


Editor'*  note:  This  act  excepted  from  its 
operation  the  counties  of  Butte,  Amador, 
Tuolumne,  Calaveras,  San  Diego,  Nevada, 
San  Bernardino,  Colusa,  Placer,  Santa  Bar- 
bara, Yuba,  Trinity,  Shasta,  Klamath,  and 
Siskiyou. 

Marin  county  was  included  by  the  amend- 
ment of  1858,  and  was  excepted  in  1861.  The 
amendment  of  1861  (p.  513)  also  applied  the 
act  to  all  counties  except  Sonoma,  Napa, 
El   Dorado,  Yuba  and  Marin. 

This  act  and  the  supplementary  act  of 
1860,  p.  141,  were  continued  in  force  by  the 
Political  Code,  §  19,  and  consequently  the 
counties  to  which  they  apply  are  not  subject 
to  the  provisions  of  §  841  of  the  Civil  Code. 
— Meade  v.  Watson,  67  Cal.  591,  8  Pac.  311. 
See,  also,  Gonzalez  v.  Wasson,  51  Cal.  295. 

1.  Fence  laws  repealed. — The  estray  act 
of  1915  (636)  repeals  all  fence  laws  in  all 
the  counties  of  the  state  except  the  six 
specified. — Montezuma,  etc.,  Co.  v.  Simmerly, 
58  Cal.  Dec.   563. 

2.  The  coinmon  law  rale  requiring  the 
owner  of  cattle  to  keep  his  animals  from 
his  neighbor's  lands,  fenced  or  unfenced,  is 
in  operation  in  Mendocino  county.  Monte- 
zuma, etc.,  Co.  V.  Simmerly,  58  Cal.  Dec.  563. 
(See  Act  1401,  notes.) 

3.  The  complaint  states  a  canse  of  action 
for  damages  for  trespass  on  unenclosed 
lands. — Montezuma,  etc.,  Co.  v.  Simmerly,  58 
Cal.  Dec.  563. 

4.  Section  5  of  this  act  as  amended  in 
1860  (Stats.  1860,  p.  141),  is  in  force  in  the 
counties  named  and  section  841,  Civil  Code, 
is  in  force  in  all  other  counties. — Gonzales  v. 
Wasson,  51  Cal.  295.  (Note:  The  act  of  1850 
contained  no  section  5,  and  the  opinion  evi- 
dently refers  to  the  act  of  1855.) 

5.  Lar^ful  fence — Recovery  of  damages. — 
A  statutory  fence  or  one  equivalent  thereto 
Is  essential  to  the  right  of  recovery  of  dam- 
ages for  animals  breaking  into  plaintiff's 
close. — Comerford  v.  Dupuy,  17  Cal.  308. 

5a.  A  good,  strong,  substantial,  and  law- 
ful stone  fence,  forming  a  perfect  enclosure, 
and  sufficient  to  prevent  the  ingress  and 
egress  of  stock  to  and  from  the  premises 
enclosed  thereby,  is  an  equivalent  of  the 
lawful  fence  prescribed  by  the  statute. — 
Meade  v.  Watson,  67  Cal.   591,  8  Pac.  311. 


6.  Railroad  fence. — The  railroad  act  of 
1861  (Stats.  1861,  p.  607)  requiring  the  com- 
pany to  make  and  maintain  a  good  and  law- 
ful fence,  must  be  considered  as  referring  to 
and  adopting  the  standard  previously  estab- 
lished by  the  act  of  1855. — Enright  v.  San 
Francisco,  etc.,  R.  R.   Co.,   33   Cal.   230. 

7.  Continued  In  force  by  the  codes. — The 
act  was  continued  in  force  by  section  19  of 
the  Political  Code,  and  is  not  subject  to 
the  provisions  of  section  841,  of  the  Civil 
Code,  so  far  as  the  counties  to  which  it 
applies  are  concerned. — Meade  v.  Watson,  67 
Cal.  591,  8  Pac.  311.  See,  also,  Gonzales  v. 
Wasson,  51  Cal.  295. 

8.  Division  fence. — A  line,  or  division 
fence  must  be  a  lawful  fence. — Meade  v. 
Watson,  67  Cal.  591,  8  Pac.  311. 

9.  The  fact  that  defendant's  land  was,  by 
an  understanding  with  the  owners  of  other 
tracts  of  land  lying  adjacent  to  his  tract, 
enclosed  in  one  field  by  a  common  enclosure, 
does  not  make  such  enclosure  any  the  less 
an  enclosure  within  the  meaning  of  section  5 
of  the  act  providing  for  partition  or  divi- 
sion fences  between  adjacent  land  owners, 
and  the  recovery  of  one-half  the  value 
thereof  by  the  original  owner  of  such  fence. 
— Gonzales  v.  Wasson,  51  Cal.  295. 

10.  It  is  not  necessary,  in  order  to  make 
an  enclosure  within  the  meaning  of  sec- 
tion 5,  that  defendant  should  have  con- 
structed a  fence  at  a  place  where  there  was 
a  natural  barrier  which  was  sufficient  to 
protect  his  land. — Gonzales  v.  Wasson,  51 
Cal.   295. 

11.  Same — Lien  for  one-half  value. — The 
lien  was  not  intended  as  an  exclusive  rem- 
edy for  the  recovery  of  compensation  for  the 
one-half  of  the  value  of  the  division  fence, 
but  is  given  as  a  further  remedy,  in  addition 
to  the  ordinary  remedy  by  action,  which  a 
party  may  avail  himself  of  at  his  election. — 
Gonzales  v.  Wasson,  51  Cal.  295. 

12.  Same — Liability  attaches  when  de- 
fendant encloses  his  land,  and  is  not  im- 
paired by  the  passage  of  the  act  of  Feb- 
ruary 4,  1874  (Stats.  1873-74,  p.  50),  an  act 
to  protect  agriculture  and  to  prevent  the 
trespassing  of  animals,  etc. — Gonzales  V. 
Wasson,  51  Cal.  295. 


LAWFUL  FENCES  IN  CERTAIN  COUNTIES. 

ACT  1494 — An   act   concerning   lawful   fences   in    San  Bernardino,    Colusa^    Shasta* 

Tehama,  and  Placer  counties. 

History:  Approved  April  18,  1859,  Stats.  1859.  p.  279.  Extended  to 
Yuba  county  April  20,  1863,  Stats.  1863,  p.  357.  Extending  act  repealed 
by  the  act  of  March  30,  1872,  Stats.  1871-72,  p.  700. 


LAWFUL  DIVISION  FENCES. 

ACT  1495 — An  act  to  provide  for  the  constructing  division  fences. 

History:  Approved  March  9,  1876,  Stats.  1875-76,  p.  175.  Amended 
March  30,  1878,  Stats.  1877-78,  p.  765.  Repealed  April  1,  1878,  as  to 
San  Mateo  county.  Stats.  1877-78,  p.  1019. 


This  act  applied  to  the  counties  of  Sacra- 
mento, Solano,  Sutter,  Yuba,  Butte,  Contra 
Costa,  San  Joaquin   (parts  of),  Amador,  San 


Luis  Obispo,  Santa  Barbara,  Ventura,  Tu- 
lare, Rl  Dorado,  Tuolumne,  San  Mateo  and 
Nevada. 


I 


747  FENCES.  Acts  1496,  1497,  §8  1, 3 

HEIGHT  OF  DIVISION  AND  PARTITION  FENCES. 
ACT  1496 — An  act  regulating  the  height  of  division  and  partition  fences  in  cities. 
History:    Approved  March  9,  1885,  Stats.  1885,  p.  45. 

Partition  fence  not  to  exceed  ten  feet  in  height. 

$  1.  It  shall  be  unlawful  for  the  owner  of  real  property  in  anj'^  city  or  town  in  this 
state,  or  any  person  having  possession  thereof,  to  construct,  erect,  build,  permit,  or 
maintain  upon  such  premises,  any  fence  or  partition  wall  which  shall  exceed  ten  feet 
in  height,  without  first  obtaining  a  permit  to  do  so  from  the  board  of  supervisors  or  city 
council  of  the  city  or  town  in  which  said  fence  or  wall  is  to  be  erected  and  maintained. 

Consent  of  adjoining  owner. 

$  2.  No  permit  to  construct  or  maintain  any  fence  or  division  partition  wall  having 
a  greater  height  than  ten  feet,  shall  be  granted  by  the  board  of  supervisors  or  city 
council  of  any  city  or  town  in  this  state,  unless  the  person  applying  therefor,  and  to 
whom  such  permit  is  granted,  shall  first  obtain  and  present  to  such  board  of  supervi- 
sors or  city  council  the  written  consent  of  the  person  or  persons  having  ownership  and 
possession  of  the  adjoining  premises  affected  thereby;  provided,  that  where  such  fence 
or  wall  is  constructed  around  a  public  garden,  or  place  of  public  resort  where  an  admis- 
sion fee  is  charged,  no  signature  or  consent  of  adjacent  owners  shall  be  required. 

Misdemeanor.    Penalty. 

§  3.  Any  violation  of  section  one  of  this  act  shall  be  deemed  a  misdemeanor,  and  the 
person  so  offending  shall  be  punished  by  a  fine  of  not  less  than  fifty  nor  more  than  five 
hundred  dollars,  or  by  'imprisonment  in  the  county  jail  for  not  less  than  sixty  days  nor 
more  than  one  year,  or  by  both  fine  and  imprisonment. 

1.  The  act  is  a  general  law,  and  operates  3.  Construction  of  act. — The  act  must  be 
alike  upon  all  who  are  within  the  reason  of  construed  to  give  it  validity  if  possible,  and 
the  act. — Western,  etc.,  Co.  v.  Knicker-  it  will  not  be  construed  to  prevent  an  owner 
bocker,  10.3  Cal.  Ill,  37  Pac.  192.  from  erecting  a  fence  or  any  other  structure 

2.  Power  of  legislature  as  to  creation  of  on  his  own  land,  although  such  structure 
easements,  etc. — The  legislature  cannot  may  cut  off  his  neighbor's  light  and  air, 
create  an  easement  in  favor  of  certain  pro-  but  only  to  prevent  the  erection  of  a  fence 
prietors  over  the  lands  of  another,  nor  de-  over  ten  feet  high  on  the  dividing  line  be- 
clare  the  usual  and  ordinary  use  of  prop-  tween  the  adjoining  properties. — Western, 
erty  a  nuisance,  when  such  use  infringes  etc.,  Co.  v.  Knickerbocker,  103  Cal.  Ill,  37 
upon  the  legal  rights  of  no  one. — Western,  Pac.  192;  Ingwersen  v.  Barry,  118  Cal.  342, 
etc.,   Co.    V.   Knickerbocker,    103    Cal.    Ill,    37  50  Pac.  536. 

Pac.   192;   Ingwersen   v.   Barry,   118   Cal.   342, 
60  Pac.  636. 

SPITE  FENCES. 

ACT  1497 — An  act  in  relation  to  fences  and  other  structures  erected  to  annoy,  and  for 
the  abatement  of  nuisances. 

History:    Approved  May  28,  1913,  Stats.  1913,  p.  342. 

Pence  ten  feet  high  a  nuisance. 

§  1.  Any  fence  or  other  structure  in  the  nature  of  a  fence,  unnecessarily  exceeding 
ten  feet  in  height  maliciously  erected  or  maintained  for  the  purpose  of  annoying  the 
owner  or  occupants  of  adjoining  property,  shall  be  deemed  a  private  nuisance. 

Injured  person's  recourse. 

^  2.  Any  such  owner  or  occupant,  injured  either  in-  his  comfort  or  the  enjoyment  of 
his  estate  by  such  nuisance  may  enforce  the  remedies  against  the  continuance  of  the 
same  prescribed  in  title  III,  part  III  of  the  Civil  Code  of  the  state  of  California. 


Act  149»,  §§  1-9  GENERAL   LAWS.  748 

ENTERING,   PASSING   THROUGH,   AND   HUNTING   IN   INCLOSURES. 

ACT  1499 — An  act  to  prevent  persons  passing  through  inclosures  and  leaving  them 

open,  by  tearing  down  fences,  or  otherwise,  and  to  prevent  hunting  upon  inclosed 

lands  in  the  state  of  California. 

History:  Approved  March  23,  1876,  Stats.  1875-76,  p.  408.  Amended 
January  25,  1878,  Stats.  1877-78,  p.  49;  March  30,  1878,  Stats.  1877-78, 
p.  776.  Prior  act  approved  March  16,  1872,  Stats.  1871-72,  p.  384,  prob. 
ably  superseded,  as  also  probably  was  the  present  act.    See  note. 

Misdemeanor. 

§  1.  Every  person  who  shall  open  any  gate,  bars,  or  fence  of  another,  for  the  pur- 
pose of  passing  through,  and  shall  willfully  leave  the  same  open,  without  the  permission 
of  the  owner,  is  guilty  of  a  misdemeanor. 

Same. 

$  2.  Every  person  who  willfully  opens,  tears  down,  or  otherwise  destroys  any  fence 
on  the  inclosed  land  of  another,  is  guilty  of  a  misdemeanor. 

Same. 

$  3.  Every  person  who  willfully  enters  upon  the  inclosed  land  of  another  for  the 
pui-pose  of  hunting,  or  who  discharges  firearms,  or  lights  camp-fires  thereon,  without 
first  having  obtained  permission  of  the  owner  or  occupant  of  said  land,  is  guilty  of  a 
misdemeanor. 

Same. 

$  4.  Every  person  who  willfully,  carelessly,  or  negligently,  while  hunting  or  camping 
upon  the  inclosed  land  of  another,  kills,  maims,  or  wounds  an  animal,  the  property  of 
another,  is  guilty  of  a  misdemeanor. 

Same. 

§  5.  Every  person  who,  upon  departing  from  camp,  willfully  leaves  the  fire  or  fires 
burning  or  unextinguished,  is  guilty  of  a  misdemeanor. 

Penalty. 

§  6.  Every  person  found  guilty  of  any  of  the  misdemeanors  herein  mentioned  shall 
be  fined  not  less  than  twenty  nor  more  than  fifty  dollars,  and  shall  be  imprisoned  in 
the  county  jail  until  such  fine  be  satisfied,  not  exceeding  one  day  for  every  two  dollars 
thereof. 

Conflicting  acts  repealed. 

§  7.  All  acts  and  parts  of  acts  in  conflict  herewith  are  repealed;  provided,  however, 
nothing  herein  contained  shall  be  construed  as  repealing  section  five  hundred  and 
ninety-four  of  the  Penal  Code. 

Counties  excepted. 

§  8.  Section  three  of  this  act  shall  not  apply  to  the  counties  of  Los  Angeles,  San 
Diego,  Sutter,  San  Benito,  Del  Norte,  El  Dorado,  Colusa,  Yuba,  Humboldt,  Amador, 
Tuolumne,  Shasta,  Plumas,  Lassen,  Siskiyou,  Modoc,  Trinity,  Sierra,  Placer,  and  Santa 
Cruz.     [Amendment  approved  March  30,  1878.    Stats  1877-78,  p.  776.] 

Another  amendment  of  section  8  at  same  session  of  the  legislatnre.  By  an  act  approved 
January  25,  1878    (Stats.  1877-78,  p.  49),  §  8  was  amended  to  read: 

"Sec.  8.  Section  three  of  this  act  shall  not  apply  to  the  counties  of  Loa  Ang-eles,  San 
Diego,  Sutter,  Del  Norte,  El  Dorado,  Colusa,  Yuba,  Humboldt,  Amador,  Tuolumne,  San  Luis 
Obispo,  Plumas,  Lassen,  Siskiyou,  Modoc,  Shasta,  Trinity,  Sierra,  and  Placer." 

Act  takes  effect  when. 

§  9.     This  act  shall  take  effect  immediately. 


1 


t' 


749  FBRRIKS.  Act  1505,  §§  1-4 

Code      commissioner's      note:      Concerningr  Code  commissioner's  note:     In  his  "List  of 

S  602    of   the    Penal  Code,    the   code   commis-  Statutes    in    Force,"    the    code   commissioner 

sioner  says:      "The  eighth   subdivision   is   a  says  of  this  act:     "§  5  of  the  act  superseded 

codification  of  the  statute  of  1871-72,  p.  384,  by  Pen.  Code,  §  384b,  as  adopted  in  1905;   §4 

and  the  ninth  Is  a  codification  of  part  of  §  3  superseded  by  Pen.  Code,   §  384c,  as  adopted 

of  the  statute  of  1875-76,  p.   408,   to  prevent  in  1905;   §§  1-3  probably  superseded  by   Pen. 

hunting  upon  inclosed  lands."  Code,   §  602,   subds.   8  and  9,  as  amended  in 

1905." 

TERNDALE. 

See  Act  3094,  note. 

CHAPTER  112. 
TERRIES. 

References:  Corporations,  see  Kerr's  Cyc.  Civil  Code,  §§  528,  et  seq. 
Crossing  without  pay,  see  Kerr's  Cyc.  Penal  Code,  §  389. 
Defined,  for  assessment  purposes,  see  Kerr's  Cyc.  Political  Code,  §  3643. 
Ferries,  generally,  see  Kerr's  Cyc.  Political  Code,  §§  2843,  et  seq. 
Maintaining  without  license,  see  Kerr's  Cyc.  Penal  Code,  §386. 
Violating  condition  to  maintain,  see  Kerr's  Cyc.  Penal  Code,  §  387. 
Wagon  road  corporations,  rights  and  duties  of,  with  respect  to,  see  Kerr's  Cyc.  Civil 

Code,  §  514. 
See,  generally,  tit.  "Bridges." 

CONTENTS  OF  CHAPTER. 

ACT  1505.     Across  Navigable  Eivers  Between  Counties. 
1506.    Across  Streams  Wholly  Within  Counties. 

ACROSS  NAVIGABLE  RIVERS  BETWEEN  COUNTIES. 
ACT  1505 — An  act  relating  to  ferries  across  navigable  rivers  separating  counties,  and 
empowering  the  boards  of  supervisors  of  such  counties  to  establish  and  maintain 
ferries  across  such  rivers,  and  to  pay  the  expense  thereof. 

History:    Approved  March  16,  1903,  Stats.  1903,  p.  156.  ; 

Power  to  establish. 

$  1.  When  a  navigable  river  forms  a  boundary  between  two  counties  of  this  state, 
the  boards  of  supervisors  of  such  counties  are  hereby  given  the  power  to  establish  and 
operate  a  ferry  or  ferries  across  such  stream. 

Expenses  of  operating. 

$  2.  Each  of  such  counties  shall  pay  such  proportion  of  the  expenses  of  establisliing 
and  operating  said  ferry  or  ferries  as  may  be  agreed  upon  by  the  board  of  supervisors 
of  such  counties. 

Refusal  of  one  county  to  establish.    Proceedings.    Landing  places. 

$  3.  In  case  either  of  said  counties  shall  refuse  to  enter  into  an  agreement  to  estab- 
lish and  operate  such  ferry  or  ferries,  the  county  situated  upon  the  opposite  bank  of 
such  river  may  establish  and  operate  a  ferry  or  ferries  across  such  river,  and  such 
county  is  hereby  empowered  to  acquire  landing  places  for  such  ferry  or  ferries  on  the 
bank  of  such  river  opposite  the  boundary  of  such  county,  and  may  pay  the  expense  ot 
establishing  and  operating  said  ferry  or  ferries  out  of  the  general  road  fund  of  such 
county. 

$  4.     This  act  shall  take  effect  from  and  after  its  passage. 

1.  Licensing;. — Tlie  provision  of  the  act  of  said  states  as  to  the  citizens  of  the  United 
admission  that  "all  navigable  waters  within  States,"  does  not  prohibit  the  state  from  re- 
said  state  shall  be  common  highways  and  quiring  a  franchise  or  permit  to  operate  a 
forever  free  as  well  to  the  inhabitants  of  the  ferry  upon  such  waters. — Vallejo,  etc.,  Co.  v. 


Acta  1506,1511 


GENERAL   LA\%'S. 


rso 


I>angr   &   McPherson,    IBl    Tal.    672,    120    Pac. 
421. 

2.  The  poTt-er  of  a  niuiiioipality  to  grant 
n  franchise  for  a  ferry  over  navigable 
waters  In   Its   limits   is  not   affected  by   the 


fact  that  one  of  the  termini  Is  upon  land 
over  which  the  United  States  exercises  ex- 
clusive jurisdiction. — Vallejo,  etc.,  Co.  v. 
Solano,  etc..  Club,  165  Cal.  255,  131  Pac.  864. 


ACROSS   STREAMS   WHOLLY  WITHIN   COUNTIES. 
ACT  1506 — An  act  relating  to  ferries  across  rivers  and  streams  wholly  within  one 
county,  and  empowering  the  hoards  of  supervisors  of  such  county  to  purchase,  estah- 
ish  and  maintain  ferries  across  such  rivers  or  streams  and  to  pay  the  expenses 
thereof. 

History:    Approved  April  16,  1909,  Stats.  1909,  p.  974. 

Free  ferries,  operation  of. 

$  1.  Whenever  the  board  of  supervisors  of  any  county  within  the  state  of  California 
shall  deem  it  advisable  and  for  the  best  interests  of  the  public  that  the  county  own  and 
operate  any  ferry  within  such  county,  such  board  may  purchase,  establish  and  operate 
a  ferry  or  feiTies  across  any  stream  or  river  within  said  county  and  may  operate  the 
same  as  a  free  ferry  or  ferries. 

Payment  of  expenses. 

§  2.  Such  board  of  supervisors  is  hereby  enipowered  to  acquire  landing  places  for 
such  ferry  or  ferries  on  the  banks  of  such  river  or  stream  and  may  pay  the  expenses  of 
establishing  and  operating  said  ferry  or  ferries  out  of  the  general  road  fund  of  said 
county;  provided,  however,  that  no  supervisor  or  his  bondsmen  shall  be  responsible  for 
the  payment  of  damages  incurred  by  any  person  while  traveling  on  such  ferry. 

§  3.    This  act  shaU  take  effect  from  and  after  its  passage. 


References:   See  tits. 


CHAPTER  113. 

FERRY  DEPOT. 
"Bonds";  "Public  Buildings." 

SAN  FRANCISCO  FERRY  DEPOT  ACT. 


ACT  1511 — An  act  to  provide  for  the  issuance  and  sale  of  state  honds  to  create  a  fund 
for  the  construction  and  furnishing,  by  the  board  of  state  harbor  commissioners,  of 
a  general  ferry  and  passenger  depot  in  the  city  and  county  of  San  Francisco;  to 
create  a  sinking  fund  for  the  payment  of  said  bonds,  and  providing  for  the  submis- 
sion of  this  act  to  a  vote  of  the  people. 

History:    Approved  March  17,  1891,  Stats.  1891,  p.  110. 


1.  The  purpose  of  the  act  was  to  enable 
the  harbor  board  to  anticipate  their  reve- 
nues and  to  create  an  indebtedness  for  the 
building  of  the  depot,  a  thing  they  could 
not  have  done  otlierwise  because  of  the 
restrictions  of  sections  2526  and  2527  of  the 
Political  Code — Bateman  v.  Colgan,  111  CaL 
680,   44   Pac.  238. 


2.  The  phrnxe  In  the  act  "In  the  manner 
and  method  nathorizcd  by  law"  in  reference 
to  the  construction  of  the  ferry  building, 
refers  to  the  provisions  of  the  Political 
Code,  relating  to  the  powers  and  duties  of 
the  board,  and  not  to  the  general  Public 
Building  Act  (Stats.  1875-76,  p.  427). — Bate- 
man V.  Colgan,  111  CaL  580,  44  Pac.  238. 


751  Fe:rtilize:rs.  Act  1516,  fig  1-3 

CHAPTER  114. 

FERTILIZERS. 
References:   See  tit.  "Adulteration." 

CONTENTS  OF  CHAPTER. 

ACT  1516.     Sale  of  Commercial  Fertilizers. 

SALE  OF  COMMERCIAL  FERTILIZERS. 

ACT  1516 — An  act  to  regulate  the  sale  of  commercial  fertilizers  or  materials  used  for 

manurial  purposes,  and  to  provide  penalties  for  the  infraction  thereof,  and  means  for 

the  enforcement  of  this  act. 

History:    Approved  March  20,  1903,  Stats.  1903,  p.  259.    Amended 
March  24,  1911,  Stats.  1911,  p.  488;  April  10,  1915.    In  effect  August  8, 
1915.     Stats.  1915,  p.  42. 

Commercial  fertilizers  shall  be  labeled. 

§  1.  Every  lot,  parcel,  or  package  of  commercial  fertilizers  or  materials  to  be  used 
for  manurial  pui'ijoses  (excepting  the  dung  of  domestic  animals),  sold,  offered,  or 
exposed  for  sale,  within  this  state,  shall  be  accompanied  by  a  plainly  printed  label, 
stating  the  name,  brand,  and  trademark,  if  any  there  be,  under  which  the  fertilizer  is 
sold,  the  name  and  address  of  the  manufacturer,  importer,  or  dealer,  the  place  of  manu- 
facture, and  a  chemical  analysis,  stating  the  percentages  claimed  to  be  therein;  of 
nitrogen,  specifying  the  form  or  forms  in  which  it  is  present;  of  phosphoric  acid, 
available  and  insoluble;  and  of  potash,  soluble  in  distilled  water,  and  the  materials 
from  which  all  of  said  constituents  are  derived.  All  analyses  are  to  be  made  according 
to  the  methods  agreed  upon  by  the  American  association  of  official  agricultural  chemists. 
In  the  case  of  those  fertilizers,  the  selling  price  of  which  is  less  than  eight  dollars  ($8) 
per  ton,  said  label  need  only  give  a  correct  general  statement  of  the  nature  and  compo- 
sition of  the  fertilizer  it  accompanies. 

Fertilizer  to  be  plainly  labeled. 

§  2.  No  person  shall  sell,  offer  or  expose  for  sale  in  this  state  any  pulverized  leather, 
hair,  ground  hoofs,  horns  or  wool  Avaste,  raw,  steamed,  roasted,  or  in  any  form,  street 
sweepings,  or  the  dung  or  urine  of  any  domestic  animal,  mixed  with,  or  in  combination 
with,  water  artificially  added  thereto,  or  with  any  sand,  soil  or  other  material  not 
commonly  used  for  bedding  domestic  animals,  as  a  fertilizer  or  as  an  ingredient  for 
fertilizer  or  manure  without  an  explicit  statement  of  the  fact  in  printing  or  writing 
conspicuously  placed  thereon  and  affixed  to  every  package,  container,  car  or  vehicle 
in  which  the  same  shall  be  transported  or  delivered  to  any  purchaser  thereof,  sai<l 
statement  to  go  with  every  lot,  parcel  or  package  of  the  same.  [Amendment  approve<l 
March  24,  1911.    Stats.  1911,  p.  488.] 

Certificate  of  registration  required. 

$  3.  The  manufacturer,  importer,  agent  of,  or  dealer  in  any  commercial  fertilizers,  or 
materials  used  for  manurial  purposes,  the  selling  price  of  which  to  the  consumer  is 
eight  ($8)  dollars  or  more  per  ton,  shall,  before  the  same  is  offered  for  sale,  obtain  a 
certificate  of  registration  from  the  secretary  of  the  board  of  regents  of  the  University 
of  California,  countersigned  by  the  director  of  the  agricultural  experiment  station  of  the 
said  university,  authorizing  the  sale  of  fertilizers  in  this  state,  and  shall  securely  fix 
to  each  lot,  parcel,  or  package  of  fertilizer  the  word  "Registered"  with  the  number  of 
registry.  The  manufacturer,  importer,  agent,  or  dealer  obtaining  such  registry,  shall 
pay  to  the  said  secretary  the  sum  of  fifty  ($50)  dollars,  to  be  applied  as  provided  in 
section  9  of  this  act;  such  registration  shall  expire  on  the  thirtieth  day  of  June  of  the 


Act  1516,  g§  4-6  GENERAL   LAWS.  752 

fiscal  year  for  which  it  was  given;  provided,  the  provisions  of  this  section  shall  not 
apply  to  any  agent  whose  principals  shall  have  obtained  a  certificate  of  registration  as 
herein  provided.  Every  such  manufacturer,  importer,  agent,  or  dealer,  who  makes  or 
sells,  or  offers  for  sale,  any  such  substances,  under  a  name  or  brand,  shall  file,  on  or 
before  the  first  day  of  July,  in  each  year,  a  statement,  under  oath,  with  said  director, 
stating  such  name  or  brand,  and  stating  the  component  parts  in  accordance  with  the 
provisions  of  section  1  of  this  act,  of  the  substances  to  be  sold,  or  offered  for  sale,  or 
manufactured  under  each  such  name  or  brand. 

Analyses  to  be  made.    How  users  may  obtain  analyses. 

$  4.  The  said  director  shall  annually,  on  or  before  the  first  day  of  September,  take 
samples  in  accordance  with  the  provisions  of  section  5  hereof  of  the  substance  made, 
sold,  or  offered  for  sale,  under  every  such  name  or  brand,  and  cause  analyses  to  be 
made  thereof  in  accordance  with  the  provisions  of  section  1  hereof,  and  said  analyses 
may  include  such  other  determinations  as  said  director  may  at  any  time  deem  advisable. 
Dealers  in,  or  manufacturers  of  fertilizers,  must  g^ve  free  access  to  the  director  of  the 
agricultural  experiment  station,  or  his  duly  authorized  deputy,  to  all  the  materials 
which  they  may  place  on  the  market  for  sale  in  California.  Whenever  the  analysis 
certified  by  the  said  director  shall  show  a  deficiency  of  not  more  than  one-fourth  of  one 
per  cent  of  nitrogen,  or  one  per  cent  of  soluble  or  available  phosphoric  acid,  or  one- 
half  of  one  per  cent  of  potash  soluble  in  distilled  water,  the  statement  of  the  manu- 
facturer or  importer,  as  required  in  section  1  of  this  act,  shall  not  be  deemed  to  be  false 
in  the  meaning  of  this  act;  provided,  that  this  act  shall  not  apply  to  sales  of  fertilizing 
materials  made  to  a  registered  manufacturer  of  fertilizers,  or  to  sales  for  export  outside 
of  this  state;  provided,  further,  that  the  said  director  of  the  agricultural  experiment 
station  of  the  University  of  California  shall,  upon  the  receipt  of  a  sample  of  fertilizer, 
accompanied  with  a  nominal  fee  of  two  ($2)  dollars,  furnish  to  the  user  of  said  com- 
mercial fertilizers,  such  examination  or  analysis  of  the  sample  as  will  substantially 
establish  the  conformity  or  non-conformity  of  the  said  fertilizer  to  the  guarantee  under 
which  it  was  sold. 

Sample  to  be  kept  by  party  whose  stock  is  sampled  and  by  university. 

§  5.  The  director  of  the  agricultural  experiment  station  of  the  University  of  Cali- 
fornia, in  person  or  by  deputy,  is  hereby  authorized  to  take  a  sample  not  exceeding  two 
pounds  in  weight  for  analysis  by  the  said  director,  or  his  deputies,  from  any  lot,  parcel, 
or  package  of  fertilizer,  or  material,  or  mixture  of  materials  used  for  manurial  pur- 
poses, which  may  be  in  the  possession  of  any  manufacturer,  importer,  agent,  or  dealer, 
but  said  sample  shall  be  drawn  in  the  presence  of  said  party  or  parties  in  interest,  or 
their  representatives.  In  lots  of  five  tons  or  less,  samples  shall  be  drawn  from  at  least 
ten  packages,  or,  if  less  than  ten  packages  are  present,  all  shall  be  sampled;  in  lots 
of  over  five  tons,  not  less  than  twenty  packages  shall  be  sampled.  The  samples  so  drawn 
shall  be  thoroughly  mixed,  and  from  it  two  equal  samples  shall  be  drawn  and  placed 
in  glass  vessels,  carefully  sealed,  and  a  label  placed  on  each,  stating  the  name  or  brand 
of  the  fertilizer  or  material  sampled,  the  name  of  the  party  from  whose  stock  the  sample 
was  drawn,  and  the  time  and  place  of  drawing;  and  said  label  shall  also  be  signed  by 
the  said  director  or  his  deputy  making  such  inspection,  and  by  the  party  or  parties  in 
interest,  or  their  representatives  present  at  the  drawing  and  sealing  of  said  samples. 
One  of  said  duplicate  samples  shall  be  retained  by  the  party  whose  stock  was  sampled, 
and  the  other  by  the  director  of  the  agricultural  experiment  station  of  the  University 
of  California. 

Results  of  analyses  to  be  published. 

5  6.  The  director  of  the  agi'icnltural  experiment  station  of  the  University  of  Cali- 
fornia shall  publish  in  bulletin  form,  from  lime  to  time,  at  least  annually,  the  results 


r53  FERTILIZERS.  Act  1516,  §§  7-12 

of  the  analyses  hereinbefore  provided,  with  such  additional  information  as  circum- 
stances may  advise. 

Appropriation  for  laboratory. 

$  7.  There  is  hereby  appropriated  for  the  use  of  the  agricultural  experiment  station 
of  the  University  of  California  at  Berkeley,  Alameda  County,  as  set  forth  in  this  act, 
out  of  any  moneys  in  the  treasury  not  otherwise  appropriated,  the  sum  of  eighteen 
hundred  ($1,800)  dollars  for  the  equipment  of  a  laboratory,  with  the  chemicals  and 
apparatus  and  other  incidentals  necessary  to  the  successful  prosecution  of  the  work. 

License  fee  and  statement. 

§  8.  In  order  to  further  provide  for  the  necessary  expenses  of  this  work,  there  shall 
be  paid  by  the  manufacturer,  importer,  agent,  or  dealer,  twenty-five  cents  for  every  ton 
of  fertilizer  sold,  the  selling  price  of  which  to  the  consumer  is  eight  ($8)  dollars  or 
more  per  ton.  A  statement  sworn  to  by  the  manufacturer,  importer,  agent,  or  dealer, 
of  such  sales,  shall  be  rendered  quarterly  to  the  secretary  of  the  board  of  regents  of 
the  University  of  California,  accompanied  by  the  corresponding  amount  of  special 
license  fee  as  above  specified;  provided,  that  whenever  the  manufacturer  or  importer 
shall  have  paid  the  special  license  fee  herein  required,  for  any  person  acting  as  agent  or 
seller  for  such  manufacturer  or  importer,  such  agent  or  seller  shall  not  be  required  to 
pay  the  special  license  fee  named  in  this  section.  On  receipt  of  said  special  license  fee 
and  statement,  the  said  secretary  shall  issue  to  the  manufacturer,  importer,  agent,  or 
dealer,  a  certificate  of  compliance  with  this  section. 

Disposition  of  fees. 

$  9.  All  moneys,  whether  received  from  registry  and  analytical  fees  or  special  license 
fees,  shall  be  paid  to  the  secretary  of  the  board  of  regents  of  the  University  of  Cali- 
fornia, for  the  use  of  said  board  in  carrying  out  the  provisions  of  this  act,  including  the 
erection  of  buildings.  [Amendment  of  April  10,  1915.  In  efi'ect  August  8,  1915. 
Stats.  1915,  p.  42.]  .. 

Violation  of  act  a  misdemeanor. 

§  10.  Any  party  selling,  offering,  or  exposing  for  sale,  any  commercial  fertilizer 
without  the  statement  required  by  section  1  of  this  act,  or  with  a  label  stating  that  said 
fertilizer  contains  a  larger  percentage  of  any  one  or  more  of  the  constituents  mentioned 
in  said  section  than  is  actually  contained  therein,  except  as  provided  for  in  section  4. 
or  respecting  the  sale  of  which  all  the  provisions  of  this  act  have  not  been  fully  com- 
plied with,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  before 
any  court  of  competent  jurisdiction,  shall  be  fined  in  a  sum  of  not  less  than  fifty  ($50) 
dollars  and  costs  of  action  for  the  first  offense,  and  one  hundred  ($100)  dollars  and 
costs  of  the  action  for  each  subsequent  offense.  Said  fines  to  be  paid  into  the  school 
fund  of  the  county  in  which  conviction  is  had. 

Certificate  is  prima  facie  evidence  of  analj'sis. 

^  11.  In  any  action,  civil  or  criminal,  in  any  court  in  this  state,  a  certificate  under 
the  hand  of  said  director,  and  the  seal  of  said  university,  stating  the  results  of  any 
analysis,  purporting  to  have  been  made  under  the  provisions  of  this  act,  shall  be  prima 
facie  evidence  of  the  fact  that  the  sample  or  samples  mentioned  in  said  analysis  or 
certificate  were  properly  analyzed  as  in  this  act  provided;  that  such  samples  were  taken 
as  in  this  act  provided;  that  the  substances  analyzed  contained  the  component  parts 
stated  in  such  certificate  and  analysis ;  and  that  the  samples  were  taken  from  the  parcels 
or  packages  or  lots  mentioned  or  described  in  said  certificate. 

$  12.  This  act  shall  take  effect  and  be  in  force  from  and  after  July  first,  nineteen 
hundred  and  three. 

The   director   of  the   department   of   asrri-        enforcing  this  act.     See,  ante.  Act  96,  I  9. 
culture  is  given  power  of  administering  and 
Gen.  Laws — 48 


AcU  1521-1528 


GENERAL.  LAWS. 


TM 


ACT  1521. 
1522. 


CHAPTER  115. 
riDDLETOWN. 

CONTENTS  OF  CHAPTER. 

To  Prevent  Hogs  and  Goats  Running  at  Large. 
Name  Changed  to  Oleta. 


HOGS  AND  GOATS  RUNNING  AT  LARGE. 
ACT  1521 — An  act  to  prevent  hogs  and  goats  running  at  large  in. 

History:    Approved  March  10,  1874,  Stats.  1873-74,  p.  319. 

The    code    commissioners    seem    to  think       law  of  1S97;  but  see  editor's  note  tO  chapter 

this  act  was  repealed  by  the  general  estray       on  "Estrays." 

NAME  CHANGED  TO  OLETA. 
ACT  1522 — An  act  to  change  the  name  of  a  town  in  Amador  County. 

History:    Approved  February  25,  1878.    Stats.  1877-78,  p.  109. 
This  act  cbanged  the  name  of  Fiddletown   to   Oleta. 

FILLMORE. 

See  Act  3094,  note. 

CHAPTER  116. 

riRE. 

References:   Arson,  see  Kerr's  Cyc.  Penal  Code,  tit.  "Arson." 
Explosives,  see  tit.  "Explosives." 

Forest  fires,  see  tit.  "Forestry,"  and  Kerr's  Cyc.  Penal  Code,  tit.  "Foresta." 
Fire  department,  see  tit.  "Fire  Department." 


ACT  1528. 


CONTENTS  OF  CHAPTER. 
Destruction  by  Fire  op  Contiguous  Propeett. 


DESTRUCTION  BY  FIRE  OF  CONTIGUOUS  PROPERTY. 
ACT  1528 — To  prevent  the  destruction  hy  fire  of  the  property  of  contiguous  owners. 
History:    Approved  March  31,  1891,  Stats.  1891,  p.  473. 


This  stntnte  is  alluded  to  in  Stephens  v. 
Southern  Pacific  Co.,  109  Cal.  86,  95.  50  Am. 
St.  Rep.   17,  41  Pac.  783,  29  L.  R.  A.  751. 

See  Kerr's  Cyc.  Pen.  Code,  §§  384,  384a, 
and  Act  1527. 

This  act  made  it  a  misdemeanor  to  start 
a  fire  in  hay,  grain,  stubble,  or  grass  with- 
out  first   taking-  certain   precautions. 

Codified  by  §  384a,  which  was  adopted  In 
1905,  p.  758,  and  repealed  1907,  p.  998.     Con- 


cerning the  amendment  of  1905  the  code 
commissioner  said:  "The  amendment  desig- 
nates the  punishment,  and  in  this  respect 
conforms  the  section  to  the  statute  of 
1871-72,  p.  96,  on  the  same  subject,  and  in- 
serts after  the  word  'lands'  the  words  'not 
his  own'  to  conform  the  section  to  what  was 
obviously  the  intent  of  the  legislature."  See 
§  384,  Penal  Code. 


FIREBAUGH. 
See  Act  3094,  note. 


CHAPTER  117. 

FIRE  DEPARTMENT. 

References:   Arson,  see  Kerr's  Cyc.  Penal  Code,  tit.  "Arson." 
Explosives,  see  tit.  "Explosives." 
Fire  districts,  see  tit.  "Fire  Districts." 
Forest  fires,  see  tits.  "Fires";  "Forestry,"  and  Kerr's  Cyc. 
See,  generally,  Kerr's  Cyc.  Political  Code,  tits.  "Fire"; 
men." 


Penal  Code,  tit.  "Forests." 
"Fire  Department";   "Fire- 


I 


755  FIRE     DEPARTMENT.  Act  1533,  §§  1-3 

CONTENTS  OF  CHAPTER. 

ACT  1533.  Firemen's  Relief,  Health,  Life  Insurance  and  Pension  Funds. 

1534.  Fire  Departments  in  Unincorporated  Towns. 

1536.  Exempt  Firemen's  Relief  Fund. 

1537.  Foreign  Insurance  Companies — Payment  of  Premiums  foe  Firemen's  Relief 

Funds. 

1538.  Pensions  foe  Aged,  Infirm  and  Disabled  Firemen. 

1539.  Yearly  Vacation  for  Firemen. 

1541.  Salaries  of  Officers  in  Cities  of  First  Class. 

1542.  Increase  of  Efficiency  of  Fire  Departments. 

FIREMEN'S  RELIEF,  HEALTH,  INSURANCE  AND  PENSION  FUND. 

ACT  1533 — An  act  to  create  a  firemen's  relief,  health,  and  life  insurance  and  pension 

fund  in  the  several  counties,  cities  and  counties,  cities,  and  towns  of  the  state. 

History:  Approved  March  20,  1905,  Stats.  1905,  p.  412.  Amended 
June  11,  1913.  In  effect  August  10,  1913.  Stats.  1913,  p.  690;  April  14, 
1917.  In  effect  July  27,  1917.  Stats.  1917,  p.  119.  Prior  act  of  March 
7,  1901,  Stats.  1901,  p.  101,  amended  March  16,  1903,  Stats.  1903,  p.  158, 
superseded  by  the  present  act. 

Firemen's  relief  fund,  trustees  of.    Board  of  fire  commissioners  to  act  as  trustees. 

§  L  The  chairman  of  the  board  of  supervisors  of  the  county,  city  and  county,  city 
or  incorporated  town  in  which  there  is  no  board  of  fire  commissioners,  the  treasurer 
of  the  county,  city  and  county,  or  incorporated  town,  and  the  chief  of  the  fire  depart- 
ment, and  their  successors  in  office,  are  hereby  constituted  a  board  of  trustees  of  the 
firemen's  relief  or  pension  fund  of  the  fire  department,  to  provide  for  the  disburse- 
ment of  the  same  and  to  designate  the  beneficiaries  thereof  as  hereinafter  directed,  which 
board  shall  be  known  as  the  "Board  of  Firemen's  Pension  Fund  Commissioners";  pro- 
vided, however,  that  where  there  is  in  any  county,  city  and  county,  city,  or  town,  a 
board  of  fire  commissioners,  then  such  body  shall  constitute  said  board  of  trustees  of 
the  firemen's  relief  and  pension  fund  of  the  fire  department. 

Organization  of  board.    Duties  of. 

^  2.  They  shall  organize  as  such  board  by  choosing  one  of  their  number  as  chairman, 
and  by  appointing  a  secretarj\  The  treasurer  of  the  county,  city  and  county,  city,  or 
town,  shall  be  ex-ofl&cio  treasurer  of  said  fund.  Such  board  of  trustees  shall  have 
charge  of  and  administer  said  fund,  and  to  order  payments  therefrom  in  pursuance  of 
the  provisions  of  this  act.  They  shall  report  annually,  in  the  month  of  June,  to  the 
board  of  supervisors,  or  other  governing  authority  of  the  county,  city  and  county,  city, 
or  incorporated  town,  the  condition  of  the  firemen's  relief  and  pension  fund,  and  the 
receipts  and  disbursements  on  account  of  the  same,  with  a  full  and  complete  list  of  the 
beneficiaries  of  said  fund  and  the  amounts  paid  them. 

Retired  firemen  after  twenty  years  of  service.    Pension  of  retired  firemen. 

§  3.  Whenever  any  person  at  the  taking  effect  of  this  act,  or  thereafter  shall  have 
been  duly  appointed  or  selected  and  sworn,  and  have  served  for  twenty  years,  or  more, 
in  the  aggregate,  as  a  member,  in  any  capacity  or  any  rank  whatever,  of  the  regularly 
constituted  fire  department  of  any  such  county,  city  and  county,  city,  or  town  which 
may  hereafter  be  subject  to  the  provisions  of  this  act,  said  board  may,  if  it  see  fit, 
order  and  direct  that  such  person  after  becoming  sixty  years  of  age  be  retired  from 
further  service  in  such  fire  department,  and  from  the  date  of  the  making  of  such  order 
the  service  of  such  person  in  such  fire  department  shall  cease,  and  such  person  so  retired 
shairthereafter,  during  his  lifetime,  be  paid  from  such  a  fund  a  yearly  pension  equal  to 
one-half  of  the  amount  of  salary  attached  to  the  rank  which  he  may  have  held  in  said 
fire  department  for  the  period  of  one  year  next  preceding  the  date  of  such  retirement. 


Act  1533,  §g  4-8  GENERAL   LAWS.  750 

Retired  when  disabled.    Pension. 

$  4.  Whenever  any  person,  while  serving  as  fireman  in  any  such  county,  city  and 
county,  city,  or  town,  shall  become  physically  disabled  by  reason  of  any  bodily  injury 
received  in  the  immediate  or  direct  performance  or  discharge  of  his  duty  as  such  fii'O- 
man,  said  board  may,  upon  his  written  request,  or  without  such  request,  if  it  deem  it 
to  be  for  the  good  of  said  fire  department  force,  retire  such  person  from  said  depart- 
ment, and  order  and  direct  that  he  shall  be  paid  from  said  fund,  during  his  lifetime,  a 
yearl}'  pension  equal  to  one-half  of  the  amount  of  salary  attached  to  the  rank  which  he 
may  have  held  on  such  fire  department  force  at  the  date  of  such  retirement,  but  on  the 
death  of  such  pensioner  his  heirs  or  assigns  shall  have  no  claim  against  or  upon  such 
firemen's  relief  or  pension  fund;  provided,  that  whenever  such  disability  shall  cease 
such  pension  shall  cease,  and  such  person  shall  be  restored  to  active  service  at  the  same 
salary  he  received  at  the  time  of  his  retirement. 

Certificate  as  to  disability. 

$  5.  No  person  shall  be  retired,  as  provided  in  the  next  preceding  section,  or  receive 
any  benefit  from  said  fund,  unless  there  shall  be  filed  with  said  board  certificates  of 
his  disability,  which  certificates  shall  be  subscribed  and  sworn  to  by  said  person,  and 
by  the  county,  city  and  county,  city,  or  town  physician  (if  there  be  one),  and  two  regu- 
larly licensed  practicing  physicians  of  such  county,  city  and  county,  city,  or  town,  and 
such  board  may  require  other  evidence  of  disability  before  ordering  such  retirement 
and  payment  as  aforesaid. 

Fireman  losing  life  while  on  duty.    Widow   or  children  to  receive  yearly   pension. 

Exception. 

$  6.  Whenever  any  member  of  the  fire  department  of  such  county,  city  and  county^ 
city,  or  town,  shall  lose  his  life  while  in  the  performance  of  his  duty,  leaving  a  widow, 
or  child  or  children  under  the  age  of  sixteen  years,  then  upon  satisfactory  proof  of  such 
facts  made  to  it,  such  board  shall  order  and  direct  that  a  yearly  pension,  equal  to  one- 
third  the  amount  of  the  salary  attached  to  the  rank  which  such  member  held  in  said 
fire  department  at  the  time  of  his  death,  shall  be  paid  to  such  widow  during  her  life, 
or  if  no  widow,  then  to  the  child  or  children,  until  they  shall  be  sixteen  years  of  agej 
provided,  if  such  widow,  or  child  or  children,  shall  marry,  then  such  person  so  marry- 
ing shall  thereafter  receive  no  further  pension  from  such  fund. 

Death  after  ten  years  of  service.    Widow  to  receive  contribution.  'S" 

§  7.  Whenever  any  member  of  the  fire  department  of  such  county,  city  and  county,^ 
city,  or  town,  shall,  after  ten  years  of  service,  die  from  natural  causes,  then  his  widow 
or  children,  or  if  there  be  no  widow  or  children,  then  his  mother  or  unmarried  sisters, 
shall  be  entitled  to  the  sum  of  one  thousand  dollars  from  such  fund. 

Examination  of  retired  disabled  firemen.    Retired  firemen  to  report  to  chief. 

§  8.  Any  person  retired  for  disability  under  this  act  may  be  summoned  before  the 
board  herein  provided  for  at  any  time  thereafter,  and  shall  submit  himself  thereto  for 
examination  as  to  his  fitness  for  duty,  and  shall  abide  the  decision  and  order  of  such 
board  with  reference  thereto;  and  all  members  of  the  fire  department  force  who  may 
be  retired  under  the  provisions  of  this  act  shall  report  to  the  chief  of  the  fire  depart- 
ment of  the  county,  city  and  county,  city,  or  town  where  so  retired,  on  the  first  Mondays 
of  April,  July,  October,  and  January  of  each  year;  and  in  cases  of  great  public  emer- 
gency may  be  assigned  to  and  shall  perform  such  duty  as  said  chief  of  the  fire  depart- 
ment may  direct;  and  such  persons  shall  have  no  claim  against  the  county,  city  and 
county,  city,  or  town,  for  payment  for  such  duty  so  performed. 


757  FIRE     DEPARTMENT.  Act  1533,  §§  0-12 

When  pension  ceases. 

$  9.  When  any  person  who  shall  have  received  any  benefit  from  said  fund  shall  be 
convicted  of  any  felony,  or  shall  become  an  habitual  drunkard,  or  shall  become  a  non- 
resident of  this  state,  or  shall  fail  to  report  himself  for  examination  for  duty  as  required 
herein,  unless  excused  by  the  board,  or  shall  disobey  the  requirements  of  said  board 
under  this  act,  in  respect  to  said  examination  or  duty,  then  such  board  shall  order  that 
such  pension  allowance  as  may  have  been  granted  to  such  person  shall  immediately 
cease,  and  such  person  shall  receive  no  further  pension,  allowance,  or  benefit  under 
this  act. 

Meetings  of  trustees.    President  and  secretary.    Report  to  treasurer  and  auditor.    Duty 

of  auditor. 

^  10.  The  board  herein  provided  for  shall  hold  quarterly  meetings  on  the  first  Mon- 
days of  April,  July,  October,  and  January  of  each  year,  and  upon  the  call  of  its  presi- 
dent; it  shall  biennially  select  from  its  members  a  president  and  secretary;  it  shall 
issue  warrants,  signed  by  its  president  and  secretary,  to  the  persons  entitled  thereto  of 
the  amount  of  money  ordered  paid  to  such  persons  from  such  fund  by  said  board,  which 
warrant  shall  state  for  what  purpose  such  payment  is  to  be  made;  it  shall  keep  a  record 
of  all  its  proceedings,  which  record  shall  be  a  public  record;  it  shall,  at  each  quarterly 
meeting,  send  to  the  treasurer  of  the  county,  city  and  county,  city,  or  town,  and  to  the 
auditor  of  such  county,  city  and  county,  city,  or  town,  a  written  or  printed  list  of  all 
persons  entitled  to  payment  from  the  fund  herein  provided  for,  stating  the  amount  of 
such  payments  and  for  what  granted,  which  list  shall  be  certified  to  and  signed  by  the 
president  and  secretary  of  such  board-,  attested  under  oath.  The  auditor  shall  there- 
upon enter  a  copy  of  said  list  upon  a  book  to  be  kept  for  that  purpose,  and  which  shall 
be  known  as  "The  firemen's  relief  and  pension  fund  book."  When  such  list  has  been 
entered  by  the  auditor,  he  shall  transmit  the  same  to  the  board  of  supervisors,  or  other 
governing  authority  of  such  county,  city  and  county,  city,  or  town,  which  board  of 
authority  shall  order  the  paj'ment  of  the  amounts  named  therein  out  of  *  *  The  firemen 's 
relief  and  pension  fund, ' '  A  majority  of  all  the  members  of  said  board  herein  provided 
for  shall  constitute  a  quorum,  and  have  power  to  transact  business. 

Powers  of  board. 

$  11.  The  board  herein  provided  for  shall,  in  addition  to  other  powers  herein  granted, 
have  power: 

First — To  compel  witnesses  to  attend  and  testify  before  it,  upon  all  matters  con- 
nected with  the  operation  of  this  act,  in  the  same  manner  as  is  or  may  be  provided  by 
law  for  the  taking  of  testimony  before  notaries  public ;  and  its  president,  or  any  member 
of  said  board,  may  administer  oaths  to  such  witnesses. 

Second — To  appoint  a  secretary,  and  to  provide  for  the  payment  from  said  fund  of 
all  its  necessary  expenses  including  secretary  hire  and  printing;  provided,  that  no 
compensation  or  emolument  shall  be  paid  to  any  member  of  said  board  for  any  duty 
required  or  performed  under  this  act. 

Third — To  make  all  needful  rules  and  regulations  for  its  guidance,  in  conformity 
with  the  provisions  of  this  act. 

Moneys  to  be  paid  into  firemen's  pension  fund. 

§  12.  The  board  of  supervisors,  or  other  governing  authority,  of  any  county,  city 
and  county,  city  or  town,  shall,  for  the  jDurposes  of  said  "firemen's  relief  and  pension 
fund,"  hereinbefore  mentioned,  direct  the  payment  annually,  and  when  the  tax  levy  id 
made,  into  said  fund,  of  the  foUoAving  moneys : 

First — All  rewards  given  or  paid  to  members  of  such  firemen 's  force. 


Act  1534  GENERAL   LAWS.  75? 

Second — All  fines  imposed  upon  members  of  such  fire  department  in  keeping  with 
rules  and  regulations  of  the  department. 

Third — An  amount  equal  to  two  per  cent  of  the  salaries  paid  to  the  firemen  of  such 
county,  city  and  county,  city,  or  town,  during  the  preceding  year,  payable  from  the 
funds  of  such  municipal  corporation. 

Fourth — One-half  of  all  fines  imposed  and  collected  for  violation  of  laws  pertaining 
to  precaution  against  fire.  [Amendment  of  April  14,  1917.  In  effect  July,  27,  1917. 
Stats.  1917,  p.  119.] 

Who  are  and  who  are  not  entitled  to  benefits. 

§  13.  Any  firemen 's  life  and  health  insurance  fund,  or  any  fund  provided  by  law, 
heretofore  existing  in  any  county,  city  and  county,  city,  or  town,  for  the  relief  or  pen- 
sioning of  firemen,  or  their  life  or  health  insurance,  or  for  the  payment  of  a  sum  of 
money  on  their  death,  shall  be  merged  with,  paid  into,  and  constitute  a  part  of  the  fund 
created  under  the  provisions  of  this  act;  and  no  person  who  has  resigned  or  been  dis- 
missed from  said  fire  department  shall  be  entitled  to  any  relief  from  such  fund;  pro- 
vided, that  any  person  who,  within  one  year  prior  to  the  passage  of  this  act,  has  been 
dismissed  from  the  fire  department  for  incompetency  or  inefficiency,  and  which  incom- 
petency or  inefficiency  was  caused  solely  by  sickness  or  disability  contracted  or  suffered 
while  in  service  as  a  member  thereof,  and  who  has,  prior  to  said  dismissal,  served  for 
twelve  or  more  years  as  such  member,  shall  be  entitled  to  all  the  benefits  of  this  act. 

Auditor  to  report  to  supervisors  surplus  to  be  transferred  to  general  fund.    Auditor's 

report  on  firemen's  relief  and  pension  fund. 

^  14.  On  the  last  day  of  June  of  each  year,  br  as  soon  thereafter  as  practicable,  the 
auditor  of  each  county,  city  and  county,  city,  or  town,  shall  make  a  report  to  the  board 
of  supervisors  or  other  governing  authority  of  such  county,  city  and  county,  city,  or 
town,  of  all  moneys  paid  on  account  of  saia  fund  during  the  previous  year,  and  of  the 
amount  then  to  the  credit  of  the  "firemen's  relief  and  pension  fund,"  and  all  surplus 
of  said  fund  then  remaining  in  said  fund,  exceeding  the  average  amount  per  year  paid 
out  on  account  of  said  fund  during  the  three  years  next  preceding,  shall  be  transferred 
to,  and  become  a  part  of,  the  general  fund  of  every  such  county,  city  and  county,  city, 
or  town,  and  no  longer  under  the  control  of  said  board  or  subject  to  its  order.  Pay- 
ments provided  for  by  this  act  shall  be  made  monthly  upon  proper  vouchers.  [Amend- 
ment approved  June  11,  1913.    Stats.  1913,  p.  690.] 

FIRE  DEPARTMENTS  IN  UNINCORPORATED  TOWNS. 

ACT  1534 — An  act  to  allow  unincorporated  towns  and  villages  to  equip  and  maintain  a 

fire  department,  and  to  assess  and  collect  taxes,  from  time  to  time,  for  such  purpose, 

and  to  create  a  board  of  fire  commissioners. 

History:  Approved  March  4,  1881,  Stats.  1881,  p.  26.  Amended  In 
Its  entirety  March  6,  1899,  Stats.  1899,  p.  69,  and  April  21,  1909,  Stats. 
1909,  p.  1028.  Amended  March  26,  1919.  In  effect  July  22,  1919.  Stats. 
1919,  p.  7.  Entire  act  amended.  The  act  of  1881,  Stats.  1881,  p.  26, 
was  amended  in  its  entirety  by  the  act  of  1899,  Stats.  1899,  p.  69, 
which,  in  turn,  was  subjected  to  an  entire  amendment  in  the  present 
act  of  1909.  " 

The  title  of  the  amending  act  of  1899  was  as  follows: 

"An  act  to  amend  an  act  to  allow  unincorporated  towns  and  villages  to  equip  and 
maintain  a  fire  department,  and  to  assess  and  collect  taxes,  from  time  to  time,  for  such 
purpose,  and  to  create  a  board  of  fire  commissioners  (approved  March  4,  1881  j  Stats. 
1881,  26),  relating  to  assessing  and  collecting  said  taxes." 

The  title  of  the  amending  act  of  1909  was  as  follows: 

"An  act  to  amend  an  act  entitled  an  act  to  amend  an  act  to  allow  unincorporated 


759  FIRE   DEPARTMENT.  Act  1534.  §§  l-SVa 

towns  and  villages  to  equip  and  maintain  a  fire  department,  and  to  assess  and  collect 
taxes  from  time  tO'  time  for  such  purpose,  and  to  create  a  board  of  fire  commissioners, 
approved  March  4,  1881;  amended  March  6,  1899." 

Fire  departments  in  unincorporated  towns 

$  1.  Any  unincorporated  town  or  village  ai  this  sta^te  may  equip  and  maintain  a  fire 
department  for  the  purpose  of  protecting  property  from  destruction  by  fire. 

Appointment  of  commissioners. 

§  2.  Upon  the  application,  by  petition,  of  fifty  or  more  taxpayers  and  residents  of 
said  town  or  village  to  the  board  of  supervisors  of  the  county  in  which  said  town  or 
village  is  situated,  the  said  board  of  supervisors  shall  appoint  three  commissioners,  to 
be  known  as  and  called  a  board  of  fire  commissioners,  of  the  town  or  village  for  which 
they  are  appointed,  who  shall  hold  their  office  until  the  second  Monday  in  April  next 
thereafter,  and  until  their  successors  are  elected  and  qualified. 

Powers  and  duties  of  commissioners. 

$  3.  The  board  of  fire  commissioners  so  appointed  by  said  board  of  supervisors, 
and  their  successors,  shall  be  authorized  and  empowered,  and  it  shall  be  their  duty : 

1.  To  fix  and  establish  the  fire  limits  of  said  town  or  village,  and  shall  accurately 
describe  the  same,  in  writing  by  metes  and  bounds  and  file  a  copy  thereof,  subscribed 
by  them,  in  the  office  of  the  county  recorder  of  the  county  in  which  said  town  or  village 
is  situated; 

2.  To  make  all  contracts  with  water  companies  for  a  supply  of  water,  and  attaching 
hydrants  or  fire-plugs  to  the  pipes,  or  conduits,  or  cisterns  of  such  water  company; 
to  make  contracts  for  and  to  purchase  the  engines,  hose,  hose  carts  or  carriages,  and 
other  appliances  for  the  full  equipment  of  a  fire  company  or  department; 

3.  To  call  an  election  and  to  submit  to  the  electors  residing  within  said  fire  limits 
fixed  by  them,  the  question  whether  a  tax  shall  be  levied  and  raised  for  the  purpose 
of  establishing  and  equipping  a  fire  department  for  the  said  town  or  village,  and  for 
protecting  the  same  from  loss  by  fire ; 

4.  In  the  event  of  the  establishment  and  equipment  of  a  fire  department  in  any 
unincorporated  town  or  village,  as  provided  for  in  this  act,  the  board  of  fire  commis- 
sioners are  hereby  directed  and  empowered,  and  it  shall  be  their  duty,  to  estimate 
and  determine  the  annual  amount  of  money  required  for  the  maintenance  of  said  fire 
department  for  the  ensuing  fiscal  year,  and  shall  report  the  same  to  the  board  of 
supervisors  of  the  county  in  which  said  fire  district  is  located  not  later  than  the  first 
day  of  July  of  each  year; 

5.  To  appoint  judges,  not  less  than  three,  and  other  officers,  to  conduct  such  election, 
and  to  issue  certificates  of  election; 

6.  To  do  and  perform  such  other  acts  and  things  as  may  be  proper  and  necessary 
to  carry  out  the  full  intent  and  meaning  of  this  act. 

Purchase  of  land  as  site  for  firehouse.    Special  election.     Sale  of  land  purchased  as 

site  for  firehouse. 

$  3l^.  The  board  of  fire  commissioners  so  appointed  by  said  board  of  supervisors, 
and  their  successors,  are  further  authorized  and  empowered,  in  their  discretion,  to  pur- 
chase or  otherwise  acquire  land  and  to  erect  thereon  a  firehouse  for  purposes  of  hous- 
ing the  fire  equipment  and  fire  apparatus,  or  to  purchase  or  otherwise  acquire  land 
already  improved  with  a  building  thereon  suitable  for  housing  said  equipment  and 
apparatus,  and  to  pay  for  said  land,  improved  or  unimproved,  as  the  case  may  be  out 
of  the  annual  tax  provided  for  under  section  nine  of  this  act,  or  by  special  tax  to  be 
voted  by  the  voters  within  the  fire  limits  in  the  manner  provided  for  by  section  fifteen 
of  this  act.     Said  board  of  fii'e  commissioners  may  furthermore  in  their  discretion  sub- 


Act  1534,  §§  4-0  GENKRAIi   LAWS.  TOO 

mit  to  the  qualified  electors  within  said  fire  limits  at  a  special  election  for  that  purpose, 
or  at  the  annual  election  provided  for  in  section  seventeen  of  this*  act,  the  proposition 
whether  or  not  land  shall  be  purchased  or  otherwise  acquired  and  a  firehouse  built 
thereon,  or  the  proposition  of  whether  or  not  land  Avith  a  firehouse  already  thereon 
shall  be  purchased  or  otherwise  acquired,  or  both  of  said  propositions,  and  in  event  of 
such  submission  the  vote  registered  for  or  against  the  proposition  or  propositions  so 
made  to  the  voters  shall  be  binding  upon  said  board  of  fire  commissioners.  Said  board 
of  fire  commissioners  are  further  hereby  empowered  to  sell  or  otherwise  dispose  of  any 
such  land,  improved  or  unimproved,  as  the  case  may  be,  theretofore  by  them  or  by  their 
predecessors  acquired  for  firehouse  purposes;  provided,  however,  that  if  the  same  shall 
have  been  originally  acquired  pursuant  to  the  vote  of  the  electors  within  the  fire  limits, 
as  herein  permitted,  then  the  same  shall  not  be  sold  excepting  by  like  vote  of  the  electors 
within  said  limits.  The  proceeds  derived  from  the  sale  of  any  such  land  or  improve- 
ments thereon  shall  be  exclusively  devoted  to  the  purchase  of  other  land  or  other 
improvements.  All  real  property  acquired  under  the  provisions  of  this  section  shall 
be  conveyed  to,  and  held  in  the  name  of,  the  "board  of  fire  commissioners  of  the  unin- 

coi-porated  town  (or  village)   of "  (naming  said  town  or 

village).    [New  section  added  March  26,  1919.  In  effect  July  22, 1919.    Stats.  1919,  p.  8.] 

Tax  elections,  how  called. 

§  4.  Said  election  must  be  called  by  posting  notices  in  three  of  the  most  public 
places  in  said  town  or  village,  for  not  less  than  ten  days,  and  also,  if  there  is  a  news- 
paper printed  and  published  in  the  town  or  village,  by  advertising  such  notice  therein 
at  least  two  regular  issues  of  the  paper. 

What  notice  must  specify. 

$  5.  Such  notice  must  specify  the  time  and  place  for  holding  the  election,  and  the 
amount  required  for  the  establishment  and  equipment  of  said  fire  department,  and  the 
amount  of  mone}'  to  be  raised  for  such  purpose  shall  not  exceed  in  any  one  year  one 
per  cent  of  the  assessable  property  within  the  fire  limits,  as  fixed  by  the  board  of 
supervisors;  provided,  that  the  amount  to  be  raised  for  the  maintenance  of  said  fire 
department  each  year  shall  not  exceed  one-half  of  one  per  cent  of  the  assessable  prop- 
erty within  the  fire  limits  as  fixed  by  the  board  of  fire  commissioners. 

Conduct  of  election. 

§  6.  The  board  of  fire  commissioners  must  appoint  three  judges  and  two  clerks  to 
conduct  the  election  and  it  must  be  held  in  all  respects  as  nearly  as  practicable  in  con- 
formity with  the  general  election  law;  provided,  that  no  new  register  shall  be  required, 
nor  legal  ballot  paper;  and  provided  further,  that  the  polls  may  be  opened  at  eight 
o'clock  a.  m.  and  close  at  five  o'clock  p.  m.  on  the  day  appointed  for  such  election. 

Ballots. 

$  7.     At  such  election  the  ballots  must  contain  the  words  "Tax — Yes"  or  "Tax — No." 

Beturns. 

$  8.  The  judges  of  the  election  shall,  within  twenty-four  hours  after  holding  said 
election,  make  returns  and  certify  to  the  board  of  fire  commissioners  said  votes,  show- 
ing the  number  of  votes  cast,  and  the  number  of  votes  in  favor  of,  and  the  number  of 
votes  against  the  matter  voted  upon. 

Tax  levy. 

§  9.  The  board  of  supervisors  must,  at  the  time  of  levying  the  county  taxes,  levy  a 
tax  upon  all  the  taxable  property  within  the  fire  limits  of  the  unincorporated  town  or 
village  authorizing  such  tax  sufficient  to  raise  the  amount   authorized.     The  rate  of 


TCI  PIRE   DEPARTMENT.  Ac4  1534,  §g  10-17 

taxation  shall  be  ascertained  bj'  deducting  fifteen  per  cent  for  anticipated  deliuqueneie?? 
from  Ihe  aggregate  assessed  value  of  the  property  in  the  district,  as  it  appears  on  the 
assessment  roll  of  the  county,  and  then  dividing  the  sum  authorized  by  the  remainder 
of  such  aggregate  assessed  value.  The  taxes  so  levied  shall  be  computed  and  entered 
on  the  assessment  roll  of  the  county  aiaditor  and  collected  at  the  same  time  and  in  the 
same  manner  as  the  state  and  county  taxes,  and  when  collected  shall  be  paid  into  the 
county  treasury  for  the  use  of  the  district  in  which  the  tax  was  authorized. 

Monejrs  arising  from  tax. 

$  10.  All  moneys  arising  from  the  tax  herein  authorized  to  be  levied  and  collected 
shall  be  kept  by  the  treasurer  of  the  county  in  which  said  town  or  village  is  situated 
subject  only  to  the  order  of  said  board  of  fii'e  commissioners  of  said  town  or  village 
authorizing  said  tax. 

Treasurer  receives  no  compensation. 

$  11.  The  treasurer  shall  receive  no  compensation  for  the  receipt  and  disbursement 
of  moneys  derived  under  the  provisions  of  this  act. 

Purchase  of  fire  hose,  etc. 

$  12.  The  board  of  fire  commissioners  are  hereby  directed  and  empowered  to  make 
all  necessary  arrangements  for  the  purchase  of  rights  of  making  connections  with  the 
pipes  of  water  companies  for  fire  plugs  or  hydrants,  in  such  part  of  the  town  or  village 
as  they  shall  deem  best  for  the  common  interest,  and  also  for  purchasing  fire  hose  and 
carriages,  subject,  however,  to  the  provisions  hereinbefore  contained. 

Record  books. 

$  13.  They  shall  procure  all  necessary  books  and  blanks  for  the  purpose  of  keeping 
a  correct  record  of  their  proceedings;  and  they  shall  keep  a  record  of  all  their  acts, 
of  all  moneys  received  and  disbursed  by  them,  which  said  books  shall  be  open  to  public 
inspection  at  all  times. 

Audit  of  bills. 

$  14.  All  accounts,  bills,  and  demands  against  the  fire  department  shall  be  audited, 
allowed,  and  paid  by  the  board  of  fire  commissioners  by  warrants  drawn  on  the  county 
treasurer,  and  the  county  treasurer  shall  pay  the  same  in  the  order  in  which  they  are 
presented. 

Compensation  of  ofiicers. 

4  15.  No  ofiicer  or  officers  created  by  this  act  shall  receive  any  compensation  for  his 
or  their  services. 

Vacancies. 

$  16.  In  case  of  a  vacancy  of  any  or  all  of  the  members  of  the  board  of  fire  commis- 
sioners, after  election  had,  by  death,  resignation  or  otherwise,  such  vacancy  shall  be 
tilled  by  appointment  by  the  board  of  supervisors  of  the  county  in  which  said  vacancy 
may  happen. 

Annual  election. 

$  17.  An  election  shall  be  held  on  the  first  !^^onday  of  April  subsequent  to  the 
appointment  of  the  fii'e  commissioners  by  the  board  of  supervisors  for  the  election 
of  three  fire  commissioners  who  shall  take  office  on  the  next  succeeding  Monday  of 
the  same  month.  Said  commissioners  shall  at  their  first  meeting  so  classify  themselves 
by  lot  that  one  of  their  number  shall  go  out  of  office  on  the  second  Monday  of 
April  of  the  j-ear  next  succeeding  said  first  election,  one  tlioreof  on  the  second  Mon- 
day of  April  of  the  second  year  succeeding,  and  one  thereof  on  the  second  Monday 


Act  1534,  §g  18-22  GlilNISRAL  L.A\%'S.  7<I2 

of  April  of  the  third  year  succeeding.  On  the  first  Monday  of  April  of  the  year 
next  succeeding  said  first  election  and  on  the  first  Monday  of  April  of  every  year 
thereafter,  an  election  shall  be  held  for  the  election  of  one  fire  commissioner,  who 
shall  take  office  on  the  next  succeeding  Monday  in  the  same  month  and  shall  hold 
office  for  the  term  of  three  years,  or  until  his  successor  is  elected  and  qualified; 
provided,  that  as  to  fire  districts  heretofore  created  under  this  act,  the  commis- 
sioners of  which  were  elected  prior  to  the  date  this  amendment  becomes  operative, 
said  commissioners  at  their  first  meeting  after  said  amendment  becomes  operative 
shall  classify  themselves  by  lot  so  that  one  of  their  number  shall  go  out  of  office  on 
the  second  Motulay  of  April  of  the  year  next  succeeding,  one  thereof  on  the  second 
Monday  of  April  of  the  second  year  succeeding,  and  one  thereof  on  the  second  Monday 
of  April  of  the  third  year  succeeding.  Notice  of  such  elections  shall  be  given  by  the 
board  of  fire  commissioners  by  posting  in  three  public  places  within  the  fire  limits  for 
at  least  two  weeks  before  the  day  of  election.  They  shall  also  appoint  the  judges  of 
election.  The  elections  shall  be  conducted  in  accordance  with  the  provisions  of  the 
general  election  laws  of  the  state  of  California,  excepting  as  in  this  act  provided  to 
the  contrary.  [Amendment  of  March  26,  1919.  In  effect  July  22,  1919.  Stats,  of 
1919,  p.  7.] 

Returns. 

^  18.  The  judges  of  election  shall,  within  twenty-four  hours  after  holding  said  elec- 
tion, make  returns  and  certify  said  votes,  and  the  names  of  the  person  or  persons  voted 
for,  to  the  said  board  of  fire  commissioners,  and  within  five  days  after  the  returns  have 
been  received  by  the  board  of  fire  commissioners  they  shall  count  the  votes,  determine 
who  has  been  elected,  and  forthwith  issue  certificates  of  election  to  the  persons  elected. 

Succession. 

§  19.  Each  board  of .  fire  commissioners  shall  at  the  expiration  of  their  term  of 
office,  turn  over  to  their  successors  all  the  books  and  documents  belonging  to  the  office 
of  said  board  of  fire  commissioners,  taking  their  receipt  therefor. 

Act  to  be  liberally  construed, 

$  20.  No  assessment  or  act  relating  to  assessment  or  collection  of  taxes,  or  elections 
held  under  the  provisions  of  this  act,  shall  be  illegal,  void,  or  voidable  on  account  of 
any  error,  omission,  or  informality,  or  failure  to  comply  strictly  with  the  provisions 
of  this  act,  nor  on  account  of  any  misnomer;  but  the  same  shall  be  liberally  construed, 
with  a  view  to  hold  valid  all  acts  done  under  this  act. 

Regulation  of  chimneys. 

^  21.  The  said  board  of  fire  commissioners  may  regulate  the  construction  of,  and 
order  the  suspension,  discontinuance,  removal,  repair,  or  cleaning  of,  fireplaces,  chim- 
neys, stove  and  stovepipes,  flues,  ovens,  boilers,  kettles,  forges,  or  any  apparatus  used 
in  any  building,  manufactory,  or  business,  which  may  be  dangerous  in  causing  or 
promoting  fires,  and  prescribe  limits  within  which  no  dangerous  nor  obnoxious  and 
offensive  business  may  be  carried  on,  and  they  may  order  the  clearing  of  land  or  the 
removal  therefrom  of  dry  grass,  stubble,  brush,  rubbish,  litter,  or  other  inflammable 
material,  if,  in  their  judgment,  said  inflammable  material  endangers  the  public  safety 
by  creating  a  fire  hazard.  [Amendment  of  March  26,  1919.  In  effect  July  22,  1919. 
Stats.  1919,  p.  9.] 

Fire  ordinances. 

§  22.  They  may  adopt  such  ordinance,  within  the  pur^qew  of  the  preceding  section, 
as  they  may  deem  proper  to  prevent  fires  and  conflagrations,  and  for  the  protection  of 
property  at  and  during  the  pendency  of  any  fire,  and  for  that  purpose  may  provide  that 


763  Fire:  department.  Acts  1536-1538 

at  and  during  the  pendency  of  any  fire  the  ofScers  of  the  fire  company  or  companies 
present  shall  be  vested  with  police  powers.  Such  ordinances  shall  be  signed  by  the 
said  fire  commissioners,  and  published  in  a  newspaper  printed  in  said  town  or  village, 
or  posted  in  three  of  the  most  public  places  thereof,  for  the  period  of  two  weeks,  at 
the  end  of  which  time  it  shall  be  and  become  a  law  for  the  government  of  the  inhabi- 
tants of  said  town  or  village. 

Misdemeanor. 

$  23.  Any  person  who  shall  violate  any  of  the  provisions  of  said  ordinance  shall  be 
guilty  of  misdemeanor. 

Prosecutions. 

$  24.  Any  justice  of  the  peace  within  the  townships  within  which  said  town  or 
village  is  situated  shall  have  jurisdiction  of  all  prosecutions  under  this  act,  and  sections 
fourteen  hundred  and  twenty-six  to  fourteen  hundred  and  forty-nine,  both  inclusive, 
title  nine,  chapter  one,  of  the  Penal  Code,  are  hereby  made  applicable  to  proceedings 
under  this  act. 

Repeal  of  prior  acts. 

§  25.  All  acts  and  parts  of  acts,  so  far  as  they  do  conflict  with  the  provisions  hereof, 
are  hereby  repealed. 

Act  takes  effect  when. 

§  26.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

EXEMPT  FIREMEN'S  RELIEF  FUND. 

ACT  1536 — An  act  to  create  an  exempt  firemen's  relief  fund  in  the  several  counties, 

cities  and  counties,  cities  and  towns  of  the  state,  and  relating  to  the  enrollment, 

formation  into  fire  companies,  and  services  as  firemen  of  such  exempt  firemen. 

History:    Approved  March  26,  1895,  Stats.  1895,  p.  108. 

1.     ConstitutionalitT-  —   Gift      of       public  Superseded.     The  code  commissioners  say 

money. — The  act  is  obnoxious  to  sections  31  this  act  was  superseded  by  the  act  of  1905 

and   32,   Article   IV   of   the   constitution,   and  See  Act  1533. 

is  void,  in   tliat  it  attempts  a  gift  of  public  Act  of  1889  for  the   relief  of  aged,  infirm, 

moneys. — Taylor    v.    Mott,    123    Cal.    497,    56  and    disabled    firemen.      Act   1538,    for   com- 

Pac  256.  parison. 

FOREIGN  INSURANCE  COMPANIES— PAYMENT  OF  PREMIUMS  FOR 

FIREMEN'S  RELIEF  FUNDS. 

ACT  1537 — An  act  to  require  the  payment  of  certain  insurance  premiums  by  fire 

insurance  companies  not  organized  in  California,  to  cities  and  cities  and  counties. 

History:     Approved   March   3,    1885,    Stats.    1885,   p.   13.     Amended 
March  4,  1887,  Stats.  1887,  p.  15. 

Purpose  of  act.     The  moneys  collected  un-  S.     Same — The  federal   courts    are     bound 

der  this  act  were  for  the  benefit  of  the  flre-  by  the  decision  of  the  supreme  court  of 
men's  relief  fund.  California  that  a  statute  of  that  state  Is 
1.  Constitutionality  —  Imposing  county  null  and  void  on  the  ground  that  it  is  ob- 
tux, — The  act  imposes  a  tax  for  county,  city,  noxious  to  the  constitution  of  that  state, 
town  or  other  municipal  purpose,  and  is  ob-  and  the  decision  of  tliat  court  upon  the  con- 
noxious  to  section  12,  Article  XI  of  the  con-  stitutionality  of  the  act  of  1885  is  a  decision 
stitution,  and  void. — San  Francisco  v.  Liver-  of  that  character. — Liverpool,  etc.,  Co.  v. 
pool.  etc..  Co.,  74  Cal.  113,  5  Am.  St.  Rep.  Clunie,  88  Fed.  160. 
425,  15  Pac.  380. 

PENSIONS   FOR   AGED,   INFIRM   AND  DISABLED   FIREMEN. 
ACT  1538 — An  act  authorizing  boards  of  supervisors  to  provide  pensions  for  the  relief 
of  aged,  infirm,  and  disabled  firemen. 

History:     Approved   March   11.   1889,   Stats.   1889,  p.   108.     Amended 
March  23,  1901,  Stats.  1901,  p.  573. 


Act  1530,  88  1, 2  CKNERAI.   LAWS.  761 

Pensions  for  aged,  infirm,  or  disaWed  firemen. 

$  1.  The  board  of  supervisors,  or  other  governing  authority  of  the  several  counties, 
cities  and  counties,  cities  and  toAvns  of  the  state  in  which  fire  departments  exist,  shall, 
upon  the  written  petition  of  a  majority  of  the  lawfully  registered  electors  of  any  such 
political  division  respectively,  by  appropriate  ordinances,  provide  a  fund  by  general 
tax  upon  the  property  of  the  county,  city  and  count}',  city,  or  town,  for  the  relief  of 
aged,  infirm,  or  disabled  firemen;  provided,  that  such  disability  shall  be  caused  by 
exposure  while  in  the  discharge  of  such  duty,  [Amendment  approved  March  23,  1901. 
Stats.  1901,  p.  575.] 

Qualifications  of  beneficiaries  under  this  act.    Amount  of  pension.    Exception. 

^  2.  No  person  shall  be  entitled  to  any  benefits  from  any  fund  created  by  authority 
of  this  act,  unless  he  shall  have  served  as  an  active  member  in  the  fire  department  of 
such  county,  city  and  county,  city,  or  town,  at  least  fifteen  years,  and  any  person 
having  served  in  the  fire  department  of  such  country,  city  and  county,  city,  or  town,  at 
least  fifteen  years,  may  make  application  to  be  placed  on  the  retired  list  of  such  fire 
department,  and  he  shall  receive  the  sum  of  not  more  than  twenty-five  (25)  dollars  and 
not  less  than  fifteen  (15)  dollars  per  month,  to  be  paid  out  of  said  fund,  and  those 
members  of  a  fire  department  who  have  been  paid  a  stipulated  salary,  having  served 
fifteen  years  in  such  fire  department,  shall  receive  an  amount  equal  to  one  half  of  the 
salary  provided  by  law  at  the  time  of  such  retirement;  provided,  that  any  person  injured 
in  the  actual  discharge  of  fire  duty  shall  be  entitled  to  the  benefits  of  this  act  regardless 
of  his  length  of  service  in  the  fire  department  of  any  such  county,  city  and  county,  city, 
or  town.     [Amendment  March  23,  1901.     Stats.  1901,  p.  575.] 

Act  takes  effect  when. 

$  3.    This  act  shall  take  effect  from  and  after  its  passage. 

YEARLY  VACATION  FOR  FIREMEN. 
ACT  1539 — An  act  authorizing  and  requiring  boards  of  commissions  having  the  man- 
agement and  control  of  paid  fire  departments,  to  grant  the  members  thereof  yearly 
vacations. 

History:     Approved   March   26,   1895,   Stats.   1895,   p.   76.     Amended 
March  4,  1899,  Stats.  1899,  p.  57;  March  3,  1905,  Stats.  1905,  p.  39. 

Vacations  for  members. 

§  1.  In  every  city  or  city  and  county  of  this  state  where  there  is  a  regularly  organ- 
ized paid  fire  department,  the  board  of  supervisors,  common  council,  commissions  or 
other  body  having  the  management  and  control  of  the  same  are  authorized  and  required 
once  in  everj'  year  to  provide  for  each  regular  or  permanent  member  thereof,  a  leave  of 
absence  from  active  duty  of  not  less  than  five,  nor  more  than  fifteen  days,  in  each  year 
and  in  ad^dition  thereto  a  leave  of  absence  from  active  duty  of  four  days  in  every  month 
of  such  service.  Leave  of  absence  so  granted,  as  aforesaid,  must  be  arranged  by  said 
board  of  [or]  commissions,  so  as  not  to  interfere  with  or  [in]  any  way  impair  the 
efficiency  of  the  said  department;  no  deduction  must  be  made  from  the  salary  or  pay 
of  any  member  of  such  fire  department  granted  such  leave  of  absence  in  [under]  the 
provisions  of  this  act.     [Amendment.     Approved  March  3,  1905.     Stats.  1905,  p.  39.] 

This  section  was  also  amended  March  4,  1899,  Stats.  1899,  p.  57. 

Act  takes  effect  when. 

$  2.     This  act  shall  take  effect  immediately. 

1.     Charter  of  San  Francisco,  upon  its  ap-  charter,  and  all  laws  Inconsistent  therewith, 

proval    by    the    legislature    in    1899,    became  including-  firemen  s  relief  fund  laws.— Burke 

by    the    express    terms    of    the    constitution  v.    Board    of    Trustees,    4    Cal.    App.    235,    87 

(Art.  XI,  §§  6  and  8),  the  organic  law  of  the  Pac.  421. 
city  and  county,  and  super.seded  the  existin^j 


7G5  FIRE   DEPART3IEIVT.  Acts  13  H,  1543,  §§  1, 2 

SALARIES  OF  OFFICERS  IN  CITIES  OF  FIRST  CLASS. 
ACT  1541— An  act  relating  to  fire  departments  of  municipalities  of  the  first  class,  Jind 
fixing  the  salaries  of  officers  thereof. 

History:  Approved  March  27,  1S97.  Stats.  1897,  p.  192.  Prior  act  in 
same  terms  and  having  same  effect  was  passed  by  the  same  legislature 
and  approved  March  3,  1897,  Stats.  1S97,  p.  54. 

Salaries  of  officers  of  fire  departments  in  cities  of  first  class.    . 

$  1.     In  municipalities  of  the  first  class  the  following  officers  of  its  fire  department 
shall  receive  the  following  salaries  per  annum : 

Chief  engineer,  five  thousand  dollars. 

Assistant  chief  engineer,  three  thousand  six  hundred  dollars. 

Secretary,  or  clerk,  three  thousand  dollars. 

Assistant  engineers,  two  thousand  one  hundred  dollars  each. 

Veterinary  surgeons,  one  thousand  eight  hundred  dollars. 

Said  salaries  shall  be  paid  in  the  same  manner  as  is  now  provided  by  law. 

Act  takes  effect  when. 

$  2.     This  act  shall  take  effect  immediately. 

1.     Constitutionality  —  Interference     witli        "municipal    affair"    within    the    meaning    of 

mnnicipal    affairs.— The    act    is    unconstitu-        section    6,   Article  XI,   of   the   constitution. 

tional  and   void   as   an    interference   with   a       Fopper  v.  Brodericlc,  123  Cal.  456,  56  Pac.  53. 

INCREASE  OF  EFFICIENCY  OF  FIRE  DEPARTMENTS. 
ACT  1542 — An  act  to  provide  for  increasing  the  efficiency  of  fire  departments  within 
municipalities  of  the  first  class  in  the  state  of  California. 

History:    Approved  March  4,  1897,  Stats.  1897,  p.  61. 

Providing  for  organization  of  fire  department.    Purchase  of  apparatus,  etc. 

$  1.  Whenever  the  public  interest,  safety,  or  convenience  may  require,  or  it  be 
deemed  expedient,  the  city  council  of  any  municipality  of  the  first  class  may,  by 
ordinance,  make  and  enforce  such  rules  and  regulations  within  said  municipality  as 
may  be  necessary  or  proper  for  increasing  the  efficiency  of  its  fire  department,  and  to 
that  end,  among  other  things,  may  provide  for  and  authorize  the  appointment  and  con- 
tinued employment  of  such  officers,  engineers,  members,  firemen,  employees,  and  other 
help  in  and  for  said  fire  department,  in  addition  to  those  whose  emploj'ment  is  now  or 
may  be  hereafter  authorized  by  law,  as  the  needs  of  said  dejiartment  may  require;  and 
may  fix  their  salaries  and  compensation,  and  may  increase  the  salaries  and  compensa- 
tion of  the  officers,  engineers,  members,  firemen,  employees,  and  other  help  now  or 
hereafter  authorized  by  law,  whose  salaries  and  compensation,  as  now  or  hereafter 
fixed,  may  be  deemed  inadequate.  And  said  city  council  may  in  like  manner  provide  for 
rthe  purchase  and  repair,  and  authorize  to  be  purchased  and  kept  in  repair,  in  addition 
to  those  for  the  purchase  and  repair  of  which  provision  is  now  or  may  be  hereafter 
made  by  law,  all  additional  engines,  horses,  hook-and-ladder  wagons,  and  all  such  other 
engines,  machinery,  implements,  extinguishers,  and  other  apparatus  that  may  be  neces- 
sary, advantageous,  or  auxiliary,  to  extinguish  or  afford  adequate  protection  against 
fire.  And  in  order  to  provide  the  necessary  funds  Avith  which  to  accomplish  the  fore- 
going ends,  may  make  all  necessary  and  supplementary  appropriations,  allowances, 
and  payments  in  addition  to  those  now  or  hereafter  authorized  by  law. 

Control  of  appointees. 

$  2.  The  officers,  engineers,  members,  firemen,  employees,  and  other  help  to  be 
appointed  as  provided  in  section  one  of  this  act,  shall  be  appointed,  governed,  and  con- 
trolled in  the  same  manner  and  by  the  same  laws  as  their  fellow-officers,  engineers, 
memborSj   firemen,   employees,  and  other  help  whose  appointment  is  now  or  may  be 


Act  1503,  §8  1.  2  GENERAL   LAWS. 


hereafter  authorized  by  law  are  appointed,  governed,  and  controlled.  The  engines,' 
wagons,  machinery,  implements,  extinguishers,  and  other  apjiaratus,  the  purchase  and 
repair  of  which  are  authorized  by  section  one  of  this  act,  shall  be  purchased  and 
repaired  in  like  manner  and  under  the  same  regulations  as  like  articles,  the  purchase 
and  repair  of  which  are  now  or  may  be  hereafter  authorized  by  law  are  purchased  and 
repaired. 

City  council,  defined. 

$3.  The  term  "city  council"  as  used  in  this  act  is  hereby  declared  to  include  any 
body  or  bodies,  board  or  boards,  which,  under  law,  constitute  the  legislative  department 
of  any  municipality  of  the  first  class. 

Act  takes  effect  when. 

§  4.    This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

X.  constitutionality. — As  to  constitutionality  of  this  act,  see  Popper  v.  Broderlck,  12S 
Cal.  456.  66  Pac.  63. 

riRE  DISTRICTS. 

See  tit.  "Forestry." 

riRE  PATROL. 
See  Kerr's  Cyc.  Civil  Code,  $5  453a,  et  seq. 

FISCAL  YEAR. 
See  tit.  "Municipal  Corporations." 

riSH  AND  GAME. 

See  "Game  Laws." 

nSH  COMMISSIONERS. 

See  "Game  Laws." 


CHAPTER  118. 

FLAG. 

Reference*:  Advertisement,  use  of  national  flag  for,  see  Kerr's  Cyc.  Penal  Code,  S  310. 
Desecration  of  national  flag,  see  Kerr's  Cyc.  Penal  Code,  §  310. 
Protection  of  bear  flag,  see  Kerr's  Cyc.  Penal  Code,  §  310a. 

CONTENTS  OF  CHAPTER. 
ACT  1563.     Adoption  of  Bear  Fi^g  as  State  Flag. 

ADOPTION  OF  BEAR  FLAG  AS  STATE  FLAG. 
ACT  1563 — An  act  to  select  and  adopt  the  bear  flag  as  the  state  flag  of  California. 
History:    Approved  February  3,  1911,  Stats.  1911,  p.  6. 

Bear  flag  as  state  flag. 

$  1.    The  bear  flag  is  hereby  selected  and  adopted  as  the  state  flag  of  California. 

Of  what  to  consist 

$  2.  The  said  bear  flag  shall  consist  of  a  flag  of  a  length  equal  to  one  and  one-half 
the  width  thereof;  the  upper  five-sixths  of  the  width  thereof  to  be  a  white  field,  and  the 
lower  sixth  of  the  width  thereof  to  be  a  red  stripe;  there  shall  appear  in  the  white  field 
in  the  upper  left-hand  corner  a  single  red  star,  and  at  the  bottom  of  the  white  field  the 
words  "California  republic,"  and  in  the  center  of  the  white  field  a  California  grizzly 
bear  upon  a  grass  plat,  in  the  position  of  walking  toward  the  left  of  the  said  field;  said 


1 


i 


7(*7  FOLSOM.  Acts  156S,  1573,  §§  1, 2 

bear  shall  be  dark  brown  in  color  and  in  length,  equal  to  one-third  of  the  length  of 
said  flag. 

$  3.     This  act  shall  be  in  full  force  and  effect  from  and  after  its  passage. 


CHAPTER  119. 
FOLSOM. 

CONTENTS  OF  CHAPTER. 
ACT  1568.    Prevent  Goats  Running  at  Laeqb. 

GOATS  RUNNING  AT  LARGE. 

ACT  1568 — An  act  to  prevent  goats  from  running  at  large  in  the  town  of  rolsom, 

county  of  Sacramento. 

History:    Approved  March  21,  1876,  Stats.  1875-76,  p.  385. 

Repeal. — The  code  commissioners  say  this       of  1897;  but  see  editor's  note  to  chapter  on 
act  was  repeal«k<l  by  the  greneral  estray  law       "Estrays." 


CHAPTER  120. 

FOODS. 

References:  Adulteration  of  foods,  see  tit.  "Adulteration." 

See,  generally,  tits.  "Butter";  "Cheese";  "Dairies";  "Eggs";  'Totatoes.* 

CONTENTS  OF  CHAPTER. 

ACT  1573.    Prohibiting  Destruction  of  Food  and  Food  Products. 
1574,    Inspec"ion  of  Animals  Slaughtered  for  Food. 

DESTRUCTION  OF  FOOD  AND  FOOD  PRODUCTS. 
ACT  1573 — An  act  prohibiting  the  destruction  of  food  stuffs,  food  products  or  food 
articles. 

History:  Approved  June  5,  1913.  In  effect  August  10,  1913.  Stats. 
1913,  p.  387.  Amended  May  27,  1915.  In  effect  August  8,  1915.  Stata. 
1915,  p.  866. 

Food  stuffs  not  to  be  destroyed,  in  restraint  of  trade. 

$  1.  It  shall  be  unlawful  for  any  person,  firm  or  corporation  to  destroy,  in  restraint 
of  trade,  any  fish,  fowl,  animal,  vegetable,  or  other  stuffs,  products  or  articles  which 
are  customary  food,  or  which  are  proper  for  food,  for  human  beings,  and  are  in  fit 
sanitary  condition  to  be  used  as  such.  [Amendment  of  May  27,  1915.  In  effect 
August  8,  1915.     Stats.  1915,  p.  866.] 

Punishment  for  violation  of  act. 

5  2.  Any  person,  firm  or  corporation  who  shall  violate  any  of  the  provisions  of  this 
act  shall  be  guilty  of  a  misdemeanor  and,  upon  conviction  thereof,  shall  be  punished 
by  a  fine  not  to  exceed  five  hundred  dollars,  or  by  imprisonment  in  the  county  jail  not 
to  exceed  six  months,  or  by  both  such  fine  and  imprisonment. 

The   director  of  the   department  of  aKTi-       enforcing  this  act.    8e%  antc^  Act  96,  f  t. 
culture  is  given  power  of  administering  and 


Act  1574,  g§  1,  2  GENERAL   l-AW  S.  788 

INSPECTION  OF  ANIMALS  SLAUGHTERED  FOR  FOOD. 
ACT  1574 — An  act  providing  for  the  inspection  of  animals  slaughtered  for  human  food, 
providing  for  the  inspection  of  the  meat  and  meat  food  products  of  such  animals; 
providing  for  the  collection  of  fees  to  defray  the  expenses  incurred  by  maintaining 
such  inspection,  providing  for  the  appointment  and  duties  of  officials  to  carry  into 
effect  the  provisions  of  this  act,  providing  for  the  marking  of  carcasses  and  parts 
thereof,  and  providing  a  penalty  for  violation  thereof. 

History:    Approved  May  11,  1917.     In  effect  July  27,  1917.     Stats. 
1917,  p.  423. 

Inspection  of  slaughtering  estahlishments  by  state  veterinarian. 

§  1.  Any  person,  fii-m  or  corportion  in  the  state  of  California,  engaged  in  the 
slaughtering  of  cattle,  sheep,  swine,  or  goats,  desiring  to  have  the  healthfulness  of  the 
meat  and  meat  food  products  of  such  animals  certified  to,  may  make  application  for 
the  inauguration  of  an  inspection  service  in  such  establishment.  Said  application  shall 
be  in  writing  addressed  to  the  state  veterinarian  of  California,  and  shall  be  made  on 
blanks  which  will  be  furnished  by  said  state  veterinarian.  In  such  application  such 
applicant  for  inspection  shall  agree  to  comply  with  the  provisions  of  this  act  and  to 
maintain  said  establishment  in  a  clean  and  sanitary  manner.  Upon  receipt  of  said 
application  the  state  veterinarian  shall  make  an  inspection  of  said  establishment  and 
if  found  clean  and  sanitary,  and  properly  equipped  to  conduct  its  business  in  a  clean 
and  sanitary  manner,  he  shall  inaugurate  an  inspection  service  therein,  and  shall  give 
to  such  establishment  an  official  number,  and  this  number  shall  be  used  to  mark  the 
meat  and  meat  food  products  of  the  establishment  as  hereinafter  provided.  Such  an 
establishment  shall  thereafter  be  known  as  "official  establishment  No " 

Fees. 

$  2.  The  cost  of  such  inspection  service  shall  be  borne  by  the  establishment  where 
it  is  maintained  and  shall  be  paid  for  in  the  following  manner:  When,  in  the  opinion 
of  the  state  veterinarian,  the  volume  of  business  is  sufficient  to  occupy  the  continuous 
services  of  one  inspector,  such  establishment  shall  pay  a  fee  of  one  hundred  and  fifty 
dollars  per  month.  When  in  the  opinion  of  the  state  veterinarian  the  services  of  more 
than  one  inspector  are  required  to  properly  carry  on  the  work,  the  fee  in  such  cases 
shall  be  one  hundred  fifty  dollars  per  month  for  the  first  inspector,  and  one  hundred 
twenty-five  dollars  per  month  for  each  additional  inspector.  When,  in  the  opinion  of 
the  state  veterinarian,  the  inspection  work  in  two  or  more  neighboring  establishments 
can  be  properly  supervised  by  one  inspector,  said  state  veterinarian  may,  in  such  cases, 
prorate  the  fees  among  such  establishments,  but  in  no  instance  where  only  one  inspector 
is  employed  to  supervise  the  work  in  more  than  one  establishment  shall  the  aggregate 
fees  be  less  than  one  hundred  fifty  dollars  per  month,  and  in  no  such  instance  shall 
the  individual  fees  be  less  than  fifty  dollars  per  month.  All  such  fees  shall  be  paid 
during  the  first  week  of  January,  April,  July  and  October  of  each  year  and  they  shall 
be  paid  in  advance  for  the  ensuing  three  months.  Such  fees  shall  be  paid  to  the  state 
veterinarian,  who  shall  at  least  as  often  as  once  each  month  and  oftener  if  required 
to  do  so,  report  to  the  state  controller  the  total  amount  of  fees  collected,  and  at  the 
same  time  he  shall  pay  into  the  state  treasury  the  entire  amount  of  said  receipts.  All 
such  receipts  shall  be  credited  to  the  meat  hygiene  fund,  which  fund  is  hereby  created, 
out  of  which  shall  be  paid  the  salaries  of  inspectors  who  are  appointed  in  accordance 
with  the  provisions  of  this  act,  as  well  as  other  expenses  that  may  be  incurred  incidental 
thereto.  In  no  instance,  however,  shall  any  of  the  fees  collected  as  provided  herein  be 
refunded.  The  state  veterinarian  is  hereby  authorized  to  appoint  such  inspectors  as 
may  be  necessary  to  carry  out  the  provisions  of  this  act. 


r6»  FOODS.  Act  1574,  §§  3-7 

Hours  for  slaughtering. 

$  3.  All  slaughtering  in  each  official  establishment  shall  be  conducted  between  the 
hours  of  seven  o'clock  a.  m.  and  seven  o'clock  p.  m.  of  any  one  week  day,  unless  a 
special  permit  in  writing  or  by  telegram,  authorizing  slaughtering  at  any  other  time, 
is  gi'anted  by  the  state  veterinarian.  The  manager  or  other  person  in  charge  of  such 
establishment  shall  inform  the  inspector  when  work  has  been  concluded  for  the  day, 
and  of  the  day  and  hour  when  work  will  be  resumed.  Where  one  inspector  is  detailed 
to  conduct  the  work  at  two  or  more  establishments  where  few  animals  are  slaughtered, 
the  inspector  may  designate  the  hours  for  work. 

Ante  mortem  examination. 

§  4.  In  each  official  establishment  an  ante  mortem  examination  shall  be  made  of  all 
cattle,  sheep,  swine  and  goats  about  to  be  slaughtered,  and  satisfactory  facilities  shall 
be  provided  for  conducting  such  examinations,  and  for  separating  and  holding  apart 
from  passed  animals  those  that  are  unfit  for  immediate  slaughter. 

Parts  inspected.    Mark. 

^  5.  In  each  official  establishment  a  careful  inspection  shall  be  made  of  all  animals 
at  the  time  of  slaughter.  The  head  and  tongue,  tail,  thymus  gland,  and  all  viscera,  and 
all  parts  and  blood  used  in  the  preparation  of  meat  food  and  medicinal  products  shall 
be  retained  in  such  a  manner  as  to  preserve  their  identity  until  after  the  post-mortem 
examination  has  been  completed.  Carcasses  and  parts  thereof  found  to  be  sound, 
healthful,  wholesome  and  fit  for  human  food  shall  be  passed  and  marked  in  the  follow- 
ing manner:  Upon  all  passed  carcasses  and  parts  thereof  slaughtered  in  an  official 
establishment  the  .inspector  shall  place  a  mark  bearing  the  words  "Cal.  Inspected  and 
Passed."  This  mark  shall  also  contain  the  official  number  of  the  establishment.  The 
number  of  such  marks  that  shall  be  affixed  and  their  location  on  the  carcasses  and 
parts  thereof  shall  be  determined  by  the  state  veterinarian.  Each  carcass  or  part 
thereof,  which  is  found  on  post-mortem  inspection  to  be  unsound,  unhealthful,  unwhole- 
some or  otherwise  unfit  for  human  food  shall  be  marked  conspicuously  by  the  inspector 
at  the  time  of  inspection  with  the  words  "Cal.  Inspected  and  Condemned,"  and  such 
carcass  or  part  thereof  shall,  under  the  supervision  of  the  inspector,  be  rendered  unfit 
for  human  consumption  in  some  manner  approved  by  the  state  veterinarian. 

Rules  and  regulations. 

$  6.  The  state  veterinarian  shall,  from  time  to  time,  make  such  rules  and  regula- 
tions as  are  necessary  for  the  efficient  execution  of  the  provisions  of  this  act,  and  all 
inspections  and  examinations  made  under  this  act  shall  be  such  and  made  in  such 
manner  as  described  in  the  rules  and  regulations  prescribed  by  said  state  veterinarian 
not  inconsistent  with  the  provisions  of  this  act;  provided,  however,  that  in  making 
such  rules  and  regulations  said  state  veterinarian  shall  be  guided  by  the  regulations 
governing  meat  inspection  of  the  United  States  department  of  agriculture. 

Violation. 

^  7.  It  shall  be  unlawful  for  any  person,  firm  or  corporation  except  the  inspector  as 
herein  provided,  to  have  in  possession,  keep  or  use  any  mark,  stamp  or  brand  provided 
or  used  for  marking,  stamping  or  branding  any  article  herein  required  to  be  marked, 
stamped  or  branded.  It  shall  be  unlawful  for  any  person,  firm  or  corporation  to  have 
in  possession,  keep,  make  or  use  any  mark,  stamp  or  brand  having  thereon  a  device 
or  words  similar  in  character  or  import  to  the  marks,  stamps  or  brands  provided  or 
used  for  marking,  stamping  or  branding  such  articles,  and  any  violation  hereof  shall 
be  deemed  a  misdemeanor. 

FORCIBLE  ENTRY  AND  UNLA"^TUL  DETAINER. 
See  Kerr's  Cyc.  Code  Civil  Procedure,  §§  1159j  et  seq. 
Gen.  Laws — 49 


Act  1577,  88  1<  a 


GE^NERAli  LAWS. 


J7i> 


CHAPTER  121. 

rORECLOSURE. 
References:   Foreclosure  suits,  see  Kerr's  Cyc.  Code  Civil  Procedure,  §§  726,  et  seq. 

CONTENTS  OF  CHAPTER. 
ACT  1577.     Attorney's  Fees  Abolished. 

ATTORNEY'S  FEES  ABOLISHED. 
ACT  1577 — An  act  to  aljolish  attorney's  fees  and  other  charges,  in  foreclosure  suits. 
History:    Approved  March  27,  1874,  Stats.  1873-74,  p.  707. 

Court  to  fix  attorney's  fees. 

$  1.  In  all  cases  of  foreclosure  of  mortgage  the  attorney 's  fee  shall  be  fixed  by  the 
court  in  which  the  proceedings  of  foreclosure  are  had,  any  stipulation  in  said  mort- 
gage to  the  contrary  notwithstanding. 

Repeal  of  conflicting  acts. 

$  2.  All  acts  and  parts  of  acts,  so  far  as  they  conflict  with  the  provisions  of  this  act, 
are  hereby  repealed,  and  this  act  shall  take  effect  and  be  in  force  from  and  after  its 
passage. 


1.  Constrnctlon  and  application. — The  act 

applies  only  to  an  action  to  foreclose  a 
mortgage  and  not  to  an  action  to  enforce  a 
piedg-e. — Hildreth  v.  Williams,  4  Cal.  Unrep. 
141,  33  Pac.  1113.  See,  also,  Mason  v.  Luce, 
116  Cal.  232,  48  Tac.  72. 

2.  It  v\as  the  province  of  the  court  under 
the  act  to  fix  the  amount  of  the  attorney's 
fee. — Stockton,  etc.,  Soc.  v.  Donnelly,  60 
Cal.  481. 

3.  Same — Amount  fixed  by  Jury. — Al- 
though it  is  the  province  of  the  court,  under 
the  act,  to  fix  the  attorney's  fee  in  a  fore- 
closure suit,  but  when  the  court  adopted  as 
correct  the  amount  returned  by  the  jury, 
the  amount  may  be  considered  as  having 
been  fixed  by  the  court. — Stockton,  etc.,  Soc. 
V.  Donnelly,  60  Cal.  481. 

4.  Same — No  evidence  as  to  value  of  ser- 
vices necessary. — The  duty  of  fixing  the 
amount  of  the  attorney's  fee  is  imposed 
upon  the  court,  and  no  evidence  as  to  value 
of  services  is  necessary. — Woodward  v. 
Brown,  119  Cal.  283,  63  Am.  St.  Rep.  108,  51 
Pac  2;  Hotaling  v.  Montieth,  128  Cal.  556, 
61  Pac.  95. 

5.  Same — AVhen  fee  Is  agreed  upon, 
larger  fee  is  excluded. — The  act  is  not  to  be 
construed  as  allowing  an  attorney's  fee,  to 
he  fixed  by  the  court,  whether  the  mortgage 
provides  for  one  or  not;  but,  if  it  be  con- 
strued as  authorizing  the  court  to  fix  a  fee 
where  the  mortgage  is  silent,  it  must  be 
held  that,  when  a  fee  is  agreed  upon  be- 
tween the  parties  a  larger  fee  is  excluded. — 
Monroe  v.   Fohl,  72  Cal.  568,   14   Pac.   514. 

6.  Same — Stipulation     in     mortgage     not 


controlling. — The  Stipulation  in  the  mon- 
gage  as  to  an  attorney's  fee  is  not  control- 
ling upon  the  court. — Grangers'  Business 
Ass'n  v.  Clark,  84  Cal.  201,  23   Pac.  1081. 

7.  Same — Unreasonable  allo-wance  cor- 
rected on  appeal. — If  the  attorney's  fee  fixed 
by  the  trial  court  exceeds  a  reasonable 
amount,  it  will  be  corrected  on  appeal. — 
Grangers'  Business  Ass'n  v.  Clark.  84  Cal. 
201,   23  Pac.  1081. 

8.  Same — Wliere  mortgage  contained  a 
stipulation  for  a  fee. — It  was  proper  to 
allow  an  attorney's  fee  in  a  foreclosure  suit 
where  the  copy  of  the  mortgage  attached  to 
the  complaint  contained  a  stipulation  for 
such  fee,  although  the  complaint  contained 
no  allegation  on  the  subject. — Kern  Valley 
Bank  v.  Chester,  55  Cal.  49. 

9.  Same  —  Same— "When  payable. — Where 
a  mortgage  contained  a  stipulation  for  an 
attorney's  fee,  "to  become  payable  on  filing 
the  complaint  for  foreclosure,"  on  bringing 
the  suit  plaintiff  was  entitled  to  a  lien  on 
the  mortgaged  premises  for  the  amount  of 
such,  and  was  entitled  to  proceed  to  fore- 
closure for  such  amount,  notwithstanding 
defendant  paid  the  principal  and  interest  of 
suit  brought  and  before  judgment. — Stock- 
ton, etc.,  Soc.  V.  Donnelly,  60  Cal.   481. 

10.  Same — Presumptions  on  appeal. — In 
the  absence  of  anything  in  the  record  to 
the  contrary  it  must  be  presumed  in  the 
appellate  court  that  the  court  below  pro- 
ceeded regularly  in  fixing  the  amount  of  the 
attorney's  fee  in  a  foreclosure  suit,  and 
that  the  judgment  is,  in  all  respect,  correct. 
—Montgomery  v.  Merrill,  62  Cal.  385. 


II 


771  FORESTRY.  Act  1578,  gg  1. 2 


CHAPTER  122. 

FORESTRY. 

References:  See,  generally,  tits.  "Agriculture";  "Fruit";  "Horticulture";  "Silk  Culture"; 

"Viticulture." 

CONTENTS  OF  CHAPTER. 

ACT  1578.    State  Board  of  Forestry  Act. 

1578a.  Prkvention  and  Suppression  op  Forest  FnsES. 

1579.  Salaries  State  Forester,  Deputy  and  Assistant. 

1580.  "State  Forestry  Fund." 

1581.  State  Forestry  Nursery  Created. 
1583.     United  States  Forest  Eeserve  Fund. 

1585.  Eeforestation  of  San  Bernardino  Forest  Reserve. 

1586.  Reforestation  of  Angeles  National  Forest. 

1588.  Prevention  of  Destruction  of  Wild  Game  in  Cleveland  National  Forest. 

1589.  Disincorporation  of  Fire  Districts. 

1590.  Tamalpais  Forest  Fire  District. 

1591.  Prevention  of  Forest  Fires  on  Public  Lands. 

1592.  Fighting  Forest  Fires  in  San  Antonio  Canyon. 

1593.  Fighting  Forest  Fires  in  San  Dimas  Canyon. 

1594.  Prevention  of  Forest  Fires  in  San  Antonio  Canyon. 

FORESTRY  ACT. 
ACT  1578 — An  act  to  provide  for  the  regulation  of  fires  on,  and  the  protection  and  man- 
agement of,  public  and  private  forest  lands  within  the  state  of  California,  creating 
a  state  "board  of  forestry  and  certain  oificers  subordinate  to  said  hoard,  prescribing 
the  duties  of  such  officers,  creating  a  forestry  fund,  and  appropriating  the  moneys 
in  said  fund,  and  defining  and  providing  for  the  punishment  of  certain  offenses  for 
violations  of  the  provisions  of  this  act,  and  making  an  appropriation  therefor. 
History:     Approved  March  18,  1905,   Stats.   1905,  p.   235.     Amended 
April  7,  1911,  Stats.  1911,  p.  709;   May  2,  1919.     In  effect  July  22,  1919, 
Stats.  1919,  p.  234;  May  25,  1919.     In  effect  July  25,  1919.     Stats.  1919, 
p.  1191.    Prior  act  of  May  3,  1885,  Stats.  1885,  p.  10.    Amended  and  sup- 
plemented March  7,  1887,  Stats.  1887,  p.  46.    Repealed  March  23,  1893, 
Stats.  1893,  p.  229. 

State  board  of  forestry. 

$  1.  The  governor  shall  appoint  four  persons,  one  of  whom  shall  be  familiar  with 
the  timber  industry,  one  with  the  live  stock  industry,  one  with  the  grain  and  hay 
industry,  and  one  at  large,  who  together  with  the  state  forester,  shall  constitute  the 
state  board  of  forestry,  which  shall  supervise  and  direct  all  matters  of  state  forest 
policy,  management  and  protection.  Said  board  shall  make  rules  and  regulations  for 
its  government,  and  shall  meet  at  such  times  and  places  as  it  sees  fit.  The  members, 
except  the  state  forester,  shall  receive  no  compensation  for  their  services,  but  shall  be 
paid  actual  traveling  expenses  which  may  be  incurred  in  the  performance  of  their 
official  duties,  which  shall  be  paid  out  of  the  fund  appropriated  for  the  support  of  the 
state  board  of  forestry.  [Amendment  of  May  25,  1919.  In  effect  July  25,  1919. 
Stats.  1919,  p.  1192.] 

State  forester  and  his  duties. 

$  2.  There  shall  be  a  state  forester,  who  shall  be  a  civil  executive  officer,  and  who 
shall  be  a  technically  trained  forester,  appointed  by  the  governor  to  hold  office  at  the 
pleasure  of  the  appointing  power;  and  whether  any  candidate  for  the  position  is  a 
technically  trained  forester  shall  be  determined  by  certificate  from  the  secretary  of  the 
United  States  department  of  agriculture,  or  from  the  department  of  forestry  of  the 
state  university  after  such  department  is  established.  He  shall  receive  a  salary  of 
twenty-four  hundred  dollars  per  annum,  and  shall  be  authorized  and  empowered  to 
appoint  two  assistant  foresters,  whose  salaries  shall  not  exceed  twelve  hundred  dollars 


Act  1578, 8§  3-e  GENERAL   LAWS.  7TJi 

each  per  annum.  He  shall  maintain  headquarters  at  the  state  capitol  in  an  office  pro- 
vided by  the  secretary  of  state,  and  shall  be  allowed  necessary  office  and  contingent 
expenses.  He  and  his  assistants  shall  be  paid  reasonable  traveling  and  field  expenses 
which  may  be  incurred  in  the  necessary  performance  of  their  official  duties.  He  shall 
act  as  secretary  of  the  state  board  of  forestry.  He  shall,  under  the  supervision  of  the 
state  board  of  forestry,  execute  all  matters  pertaining  to  forestry  within  the  jurisdic- 
tion of  the  state;  have  charge  of  all  fire  wardens  in  the  state,  and  direct  and  aid  them 
in  their  duties;  direct  the  protection  and  improvement  of  state  parks  and  forests;  col- 
lect data  relative  to  forest  destruction  and  conditions;  take  such  action  as  is  author- 
ized by  law  to  prevent  and  extinguish  forest,  brush  and  grass  fires;  enforce  all  laws  per- 
taining to  forest  and  brush-covered  land,  and  prosecute  for  any  violation  of  such  laws ; 
co-operate  with  land  owners,  as  described  in  section  4  of  this  act;  and  publish  from 
time  to  time  such  information  of  forestry  as  he  may  deem  wise.  He  shall  prepare 
annually  a  report  to  the  governor  on  the  progress  and  condition  of  state  forest  work, 
and  recommend  therein  plans  for  improving  the  state  system  of  forest  protection,  man- 
agement and  replacement. 

Supervision  and  care  of  state  parks. 

$  3.  The  California  Redwood  Park  and  the  Mt.  Hamilton  tract,  together  with  all 
moneys  heretofore  or  hereafter  appropriated  for  the  purchase  of  land  for  or  care  of 
said  parks,  tracts  and  stations,  shall  be  in  charge  of  the  state  board  of  forestry,  said 
board  to  take  place  of  and  forthwith  shall  have  all  the  powers  and  duties  now  possessed 
in  accordance  with  law  by  persons  or  commissions  with  regard  to  the  state  parks, 
tracts  of  land,  and  forest  stations  mentioned  in  this  act,  and  also  any  forest  or  brush 
land  which  may  hereafter  become  state  property,  or  be  placed  definitely  in  the  care  of 
the  state;  and  it  is  hereby  further  enacted  that,  if  the  government  of  the  United  States 
or  any  individual  or  corporation  shall,  at  any  time,  donate  or  entrust  to  the  state  of 
California,  for  state  park  or  state  forest  reserve  purposes,  any  tract  or  tracts  of  wholly 
or  partially  wooded  land,  such  tract  or  tracts  of  land  shall  be  administered  at  the 
expense  of  the  state,  as  provided  by  law. 

Co-operative  work. 

§  4.  The  state  forester  shall,  upon  request  and  whenever  he  deems  it  essential  to  the 
best  interests  of  the  people  and  the  state,  co-operate  with  counties,  towns,  corporations 
and  individuals  in  preparing  plans  for  the  protection,  management  and  replacement  of 
trees,  woodlots  and  timber  tracts,  on  consideration  and  under  an  agreement  that  the 
parties  obtaining  such  assistance  pay  at  least  the  field  expenses  of  the  men  employed 
in  preparing  said  plans. 

Publication  of  laws  and  notices. 

§  5.  The  state  forester  shall  prepare  and  print  for  public  distribution,  an  abstract  of 
all  the  forest  laws  of  California,  together  with  such  rules  and  regulations  in  accord 
therewith  as  he  may  deem  necessary,  and  shall  annually  print  and  distribute  a  list  of 
all  fire  wardens  with  their  addresses,  all  such  matters  to  be  published  with  the  approval 
of  the  state  board  of  forestry.  He  shall  also  furnish  notices,  printed  in  large  letters  on 
cloth,  calling  attention  to  the  danger  from  forest  fires  and  to  forest  fire  and  trespass 
laws  and  their  penalties.  Such  notices  shall  be  posted  by  the  fire-wardens  in  con- 
spicuous places  along  every  highway  in  brush  and  forest  covered  country,  at  frequent 
inter^'-als  along  streams  and  lakes  frequented  by  tourists,  hunters  or  fishermen,  at 
established  camping  sites,  and  in  every  postoffice  in  the  forested  region. 

Fire  districts. 

$  6.  The  state  forester  shall  divide  the  state  into  such  number  of  fire  districts  as 
shall  be  deemed  by  him  most  necessary  to  the  efficiency  of  his  work;  and,  furthermore. 


773  FORESTRY.  Act  1578,  §§  7-11 

any  county,  or  combination  of  less  than  four  counties,  shall  be  made  a  separate  fire 
district,  upon  request  of  the  county  board  or  board  of  supervisors,  in  which  case  such 
special  fire  district  shall  pay  the  cost  of  maintaining  its  district  fire-warden. 

Duties  of  assistant  foresters. 

$  7.  The  duties  of  the  assistant  foresters  shall  be  to  devote  their  entire  time  to  state 
forest  interests  according  to  rules  and  directions  to  be  determined  by  the  state  forester, 
with  the  approval  of  the  state  board  of  forestry.  They  shall  take  prompt  measures  to 
prevent  and  extinguish  forest  fires;  keep  a  record  of  the  cause,  extent  and  damage  of 
all  forest  fires  in  their  respective  districts,  and  perform  such  other  duties  as  the  state 
forester  may  direct. 

Voluntary  fire-wardens  and  their  duties. 

$  8.  The  state  forester  shall  appoint,  in  such  number  and  localities  as  he  deems 
wise,  public-spirited  citizens  to  act  as  voluntary  fire-wardens,  who  may  receive  payment 
for  their  services  from  the  counties  or  from  private  sources.  They  shall  promptly 
report  all  fires  and  take  immediate  and  active  steps  toward  their  extinguishment,  report 
any  violation  of  the  forest  laws,  assist  in  apprehending  and  convicting  offenders,  and 
perform  such  other  duties  as  the  state  forester  may  direct.  The  supervisors  and 
rangers  on  the  federal  forest  reserve  within  the  state,  whenever  they  formally  accept 
th*  duties  and  responsibilities  of  fire-wardens,  may  be  appointed  as  voluntary  fire- 
wardens, and  shall  have  all  the  powers  given  to  fire-wardens  by  this  act. 

Powers  and  requirements  of  fire-wardens. 

§  9.  The  state  forester  and  all  fire-wardens  shall  have  the  powers  of  peace  oflScers 
to  make  arrests  without  warrant,  for  violations  of  any  state  or  federal  forest  laws,  and 
no  fire-warden  shall  be  liable  to  civil  action  for  trespass  committed  in  the  discharge  of 
his  duties.  Any  fire-warden  who  has  information  which  would  show,  with  reasonable 
certainty  that  any  person  had  violated  any  provision  of  such  forest  laws,  shall  immedi- 
ately take  action  against  the  offender,  either  by  using  his  own  powers  as  a  peace  officer, 
or  by  making  complaint  before  the  proper  magistrate,  or  by  information  to  the  proper 
district  attorney,  and  shall  obtain  all  possible  evidence  pertaining  thereto.  Failure  on 
the  part  of  any  paid  fire  warden  to  comply  with  the  duties  prescribed  by  this  act  shall 
be  a  misdemeanor,  and  punishable  by  a  fine  of  not  less  than  twenty  dollars,  nor  more 
than  two  hundred  and  fifty  dollars,  or  imprisonment  for  not  less  than  ten  days  nor 
more  than  three  months,  or  both  such  fine  and  imprisonment  and  the  state  forester  is 
hereby  authorized  to  investigate  and  prosecute  such  violations. 

Assistance  of  citizens  in  fighting  fires. 

§  10.  All  fire-wardens  shall  have  authority  to  call  upon  able-bodied  citizens  between 
the  ages  of  sixteen  and  fifty  years,  for  assistance  in  putting  out  fires,  and  any  such 
person  who  refuses  to  obey  such  summons,  unless  prevented  by  good  and  sufficient 
reasons,  is  guilty  of  a  misdemeanor,  and  must  be  fined  in  a  sum  not  less  than  fifteen 
dollars,  nor  more  than  fifty  dollars,  or  imprisonment  in  the  county  jail  of  the  county 
in  which  such  conviction  shall  be  had,  not  less  than  ten  days,  nor  more  than  thirty 
days,  or  both  such  fine  and  imprisonment ;  provided,  that  no  citizen  shall  be  called  upon 
to  fight  fire  a  total  of  more  than  five  days  in  any  one  year. 

Fire  patrol. 

§  11.  In  times  and  localities  of  particular  fire  danger  the  state  forester  may  main- 
tain a  fire  patrol  through  the  fii'e-wardens,  at  such  places  in  brush  or  forest  land  as  the 
public  interest  may  require,  the  expense  of  such  patrol  to  be  paid  by  the  county  in 
which  such  patrol  is  maintained;  and,  furthermore,  he  may,  upon  written  request  by 
counties,  corporations  or  individuals,  maintain  a  fire  patrol  on  their  forest  lands,  pro- 
vided, that  the  expense  of  said  patrol  be  paid  by  the  party  or  parties  requesting  same. 


Act  1578,  §8  12-16  CEIVKRAL   LAWS.  774 

District  attorneys  to  prosecute  vigorously. 

$  12.  Whenever  an  arrest  shall  have  been  made  for  violation  of  any  provision  of  this 
act,  or  whenever  any  information  of  such  viohition  shall  have  been  lodged  with  him,  the 
district  attorney  of  the  county  in  which  the  criminal  act  was  committed  must  prosecute 
the  offender  or  offenders  with  all  diligence  and  energy.  If  any  district  attorney  shall 
fail  to  comply  with  the  provisions  of  this  section  he  shall  be  guilty  of  a  misdemeanor, 
and,  upon  conviction,  shall  be  fined  not  less  than  one  hundred  dollars  nor  more  than 
one  thousand  dollars  in  the  discretion  of  the  court.  Action  against  the  district  attorney 
shall  be  brought  by  the  attorney  general  in  the  name  of  the  people  of  the  state  on  the 
relation  of  the  state  forester.  The  penalties  of  this  section  shall  apply  to  any  magis- 
trate with  proper  authority,  who  refuses  or  neglects  to  cause  the  arrest  and  prosecu- 
tion of  any  person  or  persons  when  complaint,  under  oath,  of  violation  of  any  terms 
of  this  act  has  been  lodged  with  him. 

Destruction  of  warning  notices. 

^  13.  Any  person  who  shall  destroy,  deface,  remove  or  disfigure  any  sign,  poster  or 
warning  notice  ported  under  the  provisions  of  this  act  shall  be  guilty  of  a  misde- 
meanor and  punishable,  upon  conviction,  by  a  fine  of  not  less  than  fifteen  dollars  nor 
more  than  one  hundred  dollars,  or  imprisonment  in  the  county  jail  for  a  period  of  not 
less  than  ten  days  nor  more  than  three  months,  or  both  such  fine  and  imprisonment. 

Willfully,  maliciously  and  negligently  setting  forest  fires. 

$  14.  Ever}'  person  who  willfully,  maliciously  or  negligently  sets  on  fire  or  causes  or 
procures  to  be  set  on  fire  any  woods,  brush,  prairies,  grass,  grain  or  stubble  on  any 
lands  not  his  own,  or  allows  the  fire  to  escape  from  his  own  land,  whereby  any  property 
of  another  is  injured  or  destroyed,  or  accidentally  sets  any  such  fire  or  allows  it  to 
escape  from  his  control  without  extinguishing  it  or  using  every  effort  to  extinguish  it, 
shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  is  punishable  by  a  fine  of  not 
less  than  fifty  dollars,  nor  more  than  one  thousand  dollars,  or  imprisonment  for  not 
less  than  thirty  days,  nor  more  than  one  year,  or  both  such  fine  and  imprisonment. 
Setting  such  fires  or  allowing  them  to  escape  shall  be  prima  facie  proof  of  willfulness, 
malice  or  neglect  under  this  section,  provided,  that  nothing  herein  contained  shall  apply 
to  a  person  who,  in  good  faith,  sets  a  back-fire  to  check  a  fire  already  burning. 

Extinguishment  of  camp-fires. 

^  15.  Every  person  who  upon  departing  from  a  camp  or  camping  place,  leaves  fire 
burning  or  unextinguished,  or  who  after  building  such  fire  allows  it  to  spread,  shall  be 
guilt}'  of  a  misdemeanor  and  punishable  by  a  fine  of  not  less  than  fifty  dollars  nor 
more  than  five  hundred  dollars,  with  costs  of  suit  and  collection,  one-half  of  such  fine 
or  such  a  portion  thereof  as  shall  not  exceed  fifty  dollars,  to  be  paid  to  the  person 
securing  the  arrest  and  conviction  of  such  offender,  and  if  the  defendant  refuses  or 
neglects  to  pay  the  fine  and  costs  imposed,  he  shall  be  confined  in  the  county  jail  of 
the  county  in  which  conviction  shall  be  had,  for  a  period  not  to  exceed  one  day  for 
every  two  dollars  of  the  fine  imposed,  or  may  be  subject  to  both  Such  fine  and  imprison- 
ment. 

Restriction  of  use  of  fire  in  dry  season- 

$  16,  It  shall  be  unlawful  during  what  is  locally  known  as  the  "dry  season,"  this  to 
be  considered  as  the  period  between  May  fifteenth  and  the  first  soaking  rains  of  autumn 
or  winter,  for  any  person  or  persons  to  burn  brush,  stumps,  logs,  fallen  timber,  fallows, 
grass  or  forest-covered  land,  or  blast  wood  with  dynamite,  powder  or  other  explosives, 
or  set  off  fire-works  of  any  kind  in  forest  or  brush-covered  land,  either  their  own  or 
the  property  of  another,  without  written  permission  of  and  under  the  direction  or  super- 
vision of  a  fire-warden  in  that  district;  these  restrictions  not  to  apply  to  the  ordinary 


rrs  FORESTRY.  Act  1578,  §§  17-19 

use  of  fire  or  blasts  in  logging  redwood,  nor  in  cases  where  back-fires  are  set  in  good 
faith  to  stop  an  existing  fire.  Violation  of  these  provisions  shall  be  a  misdemeanor, 
punishable,  upon  conviction,  by  a  fine  of  not  less  than  fifty  dollars,  nor  more  than  one 
thousand  dollars,  or  imprisonment  not  less  than  thirty  days  nor  more  than  one  year,  or 
both  such  fines  and  imprisonment. 

Engines  in  forest  land. 

§  17.  Logging,  locomotives,  donkey  or  threshing  engines,  and  other  engines  and 
boilers  operated  in,  through  or  near  forests,  brush  or  grass  land,  which  do  not  bum 
oil  as  fuel,  shall  be  provided  with  appliances  to  prevent  the  escape  of  fire  and  sparks 
from  the  smoke-stacks  thereof,  and  with  devices  to  prevent  the  escape  of  fire  from  ash- 
pans  and  fire-boxes.  Failure  to  comply  with  these  requirements  shall  be  a  misde- 
meanor, punishable,  upon  conviction,  by  a  fine  of  not  less  than  one  hundred  dollars  nor 
more  than  five  hundred  dollars,  and  any  person  violating  any  provisions  of  this  section 
shall  be  liable  to  a  penalty  of  not  less  than  fifty  dollars  nor  more  than  one  hundred 
dollars,  for  every  such  violation,  or  imprisonment  for  not  less  than  thirty  days  nor 
more  than  three  months,  or  both  such  fine  and  imprisonment. 

Civil  liability  for  forest  fires. 

§  18.  In  addition  to  the  penalties  provided  in  sections  fourteen,  fifteen,  sixteen  and 
seventeen  of  this  act,  the  United  States,  state,  county,  or  private  owners,  whose  prop- 
erty is  injured  or  destroj^ed  by  such  fires  may  recover  in  a  civil  action,  double  the 
amount  of  damages  suffered  if  the  fires  occurred  through  wilfulness,  malice  or  negli- 
gence; but  if  such  fires  were  caused  or  escajDed  accidentally  or  unavoidably,  civil  action 
shall  lie  only  for  the  actual  damage  sustained  as  determined  by  the  value  of  the  prop- 
erty injured  or  destroyed,  and  the  detriment  to  the  land  and  vegetation  thereof.  The 
presumption  of  wilfulness,  malice  or  neglect  shall  be  overcome;  provided,  that  the 
precautions  set  forth  are  observed;  or,  provided,  fires  are  set  during  the  "dry  season" 
with  written  permission  of  and  under  the  direction  of  the  district  fire-warden.  Persons 
or  corporations  causing  fires  by  violations  of  this  act  shall  be  liable  to  the  United 
States,  state,  county,  or  private  owners  in  action  for  debt  to  the  full  amount  of  all 
expenses  incurred  by  the  United  States,  state,  county  or  private  owners  in  fighting 
such  fires.    [Amendment  of  May  2,  1919.     In  effect  July  22,  1919.     Stats.  1919,  p.  234.] 

Inspection  of  forest  area.    Posting  notice.     Order  that  area  be  cleaned  up.    Declaring 

area  a  nuisance.     Expense. 

$  19.  It  shall  be  the  duty  of  the  state  board  of  forestry,  whenever  it  shall  be  deemed 
necessary,  to  notify  the  owner  of  any  forest  area  within  the  state  by  a  written  notice 
to  be  served  upon  the  person  or  persons  or  corporation,  or  either  of  them,  owning  or 
having  charge  of  such  area,  or  upon  the  agents,  attorney  or  representative  of  either,  by 
any  fire-warden,  deputy  fire-warden  or  special  fire-warden  or  any  employee  of  the  state 
board  of  forestry,  in  the  same  manner  as  a  summons  in  a  civil  action,  or  if  such  area 
belongs  to  any  non-resident  person  or  corporation  and  there  is  no  person  in  control  or 
possession  thereof,  and  such  non-resident  person  or  corporation  has  no  tenant,  attorney, 
representative  or  agent  upon  whom  such  service  can  be  had,  or  if  the  owner  or  owners 
of  such  area,  or  their  tenants,  attorneys,  representatives,  or  agents  can  not  after  due 
diligence  be  found,  then  by  posting  the  said  notice  in  some  conspicuous  place  upon 
such  area  and  by  mailing  a  copy  thereof  to  the  owner  thereof  *t  his  last  known  place 
or  residence  if  the  same  is  known  or  can  be  ascertained,  that  the  said  state  board  of 
forestry  intends  to  cause  an  inspection  to  be  made  of  the  said  forest  area  for  the  pur- 
pose of  ascertaining  whether  or  not  the  same  constitutes  a  nuisance  as  hereinafter 
provided.  The  said  notice  shall  describe  the  forest  area  to  be  inspected  by  general 
description  and  shall  designate  the  time  of  such  inspection.    At  the  time  so  designated 


Act  I57S,  §§  20, 21  GENERAL   LAWS.  770 

in  said  notice  the  said  state  board  of  forestry  shall  cause  an  inspection  to  be  made  of 
the  said  forest  area  and  the  said  owner  or  his  agent  shall  be  permitted  to  be  present 
during  such  inspection  and  shall  be  given  a  full  opportunity  of  showing  that  such  forest 
area  is  not  a  nuisance  as  contemplated  by  this  act.  If  the  said  state  board  of  forestry 
after  such  inspection  finds  any  forest  area  inadequatelj'  protected  adjoining,  lying  near, 
or  intermingled  with  other  forest  and  covered  wholly  or  in  part  with  inflammable 
debris,  which  by  reason  of  such  location  or  condition  or  lack  of  protection  endangers 
life  or  property,  the  state  board  of  forestry  shall  in  writing  notify  the  owner  or  owners 
of  such  areas  that  the  condition  of  said  areas  endangers  life  or  property  and  shall 
require  such  persons  or  corporation  to  clean  up  such  areas  by  the  use  of  fire  or  other- 
wise at  a  time  and  in  a  manner  to  be  therein  specified.  Said  notice  may  be  served  upon 
the  person  or  persons  or  corporation,  or  either  of  them,  owning  or  having  charge  of 
such  areas  or  upon  the  agents  of  either,  by  any  fire-warden,  deputy  fire-warden,  or 
special  fire-warden  or  any  employee  of  the  state  board  of  forestry,  in  the  same  manner 
as  a  summons  in  a  civil  action;  provided,  however,  that  if  any  such  area  belong  to  anj' 
non-resident  person  or  corporation  and  there  is  no  person  in  control  or  possession 
thereof  and  such  non-resident  person  or  coiporation  has  no  tenant,  bailee,  depository  or 
agent  upon  Avhom  such  service  can  be  had;  or  if  the  owner  or  owners  of  such  areas 
can  not  after  due  diligence  be  found,  then  such  notice  may  be  served  by  posting  the 
same  in  some  conspicuous  place  upon  such  area,  and  by  mailing  a  copy  thereof  to  the 
owner  thereof  at  his  last  known  place  of  residence,  if  the  same  is  known  or  can  be 
ascertained.  Anj'  and  all  such  inadequately  protected  forest  areas  adjoining,  lying 
near,  or  intermingled  with  other  forest  and  covered  wholly  or  in  part  with  inflammable 
debris,  which  by  reason  of  such  location  or  condition  or  lack  of  protection  endangers 
life  or  property,  are  hereby  declared  to  be  a  public  nuisance;  and  whenever  any  such 
nuisance  shall  exist  within  the  state,  and  the  proper  notice  shall  have  been  served,  as 
herein  provided,  and  the  time  specified  in  said  notice  shall  have  elapsed  without  the 
nuisance  having  been  abated,  it  shall  be  the  duty  of  the  state  board  of  forestry  to  cause 
said  nuisance  to  be  at  once  abated,  by  burning  or  otherwise  disposing  of  the  inflam- 
mable debris.  The  expense  thereof  shall  be  paid  by  the  state  in  like  manner  as  bills  for 
fire  fighting  are  paid.  Any  and  all  such  sum  or  sums  so  paid  shall  be  and  become  a  lien 
on  the  property  from  which  said  nuisance  has  been  removed  or  abated  in  pursuance 
of  this  section,  and  said  lien  shall  continue  as  long  as  the  said  sum  or  sums  above 
referred  to  shall  remain  unpaid.  The  claim  for  any  lien  shall  be  filed  by  the  state 
forester,  or,  under  his  direction,  by  any  of  his  assistants  or  fire-wardens,  in  the  office  of 
the  county  recorder  of  the  county  in  which  the  property  on  which  said  nuisance  existed 
is  situated.  Proceedings  for  the  enforcement  of  such  lien  shall  be  instituted  by  the  dis- 
trict attorney  of  the  county  where  the  nuisance  existed,  at  the  request  of  the  state 
board  of  forestry  and  in  the  name  of  the  state  of  California  as  claimant;  and  the  costs 
shall  be  recovered  in  the  usual  manner.  The  state  board  of  forestry  is  hereby  vested 
with  the  power  to  cause  any  and  all  such  nuisances  to  be  abated  in  a  summary  manner. 
[Amendment  approved  April  7,  1911.     Stats.  1911,  p.  709.] 

Disposals  of  moneys  received  as  penalties. 

$  20.  All  moneys  received  as  penalties  for  violations  of  the  provisions  of  this  act, 
less  the  cost  of  collection,  and  not  otherwise  provided  for,  shall  be  paid  into  the  state 
treasury  to  the  credit  of  the  forestry  fund,  which  fund  is  hereby  created,  and  the 
moneys  therein  are  hei»by  appropriated  for  purposes  of  forest  protection,  management 
and  replacement  under  direction  of  the  state  board  of  forestry. 

Moneys  for  forest  purposes. 

^  21.  County  boards  of  supervisors  may  appropriate  money  for  purposes  of  forest 
protection,  improvement  and  management. 


777  FORESTRY,  Act  1578a,  §  X 

Payment  of  expenses  under  this  act. 

$  22,  There  is  hereby  appropriated  for  the  fiftj'-seventh  and  fifty-eighth  fiscal  years, 
the  sum  of  seventeen  thousand  six  hundred  dollars  ($17,600)  for  carrying  out  the  pro- 
vision of  this  act,  and  for  the  payment  of  all  salaries  and  expenses  herein  provided  for. 

§  23.  All  acts  or  parts  of  acts  inconsistent  with  the  provisions  of  this  act  are  hereby 
repealed. 

Code  commissioners'  note:     "Cf.   §§  14  and  as  evidencing  an  election  by  the  board  under 

15  with  Fenal  Code,  §§  384,  384a,  384b    (1905,  the    forestry    act   to    pay     him     as     the     ap- 

pp.    757,     758).      See,    also,    ^23^,    added     to  pointee  of  the  state  forester  for  his  servicea 

county  government  act  of  1897  (1905,  p.  394),  in    the    discharge    of    the    duties    of    his    ap- 

and  Civil  Code,  §  3346a,  as  adopted  In  1905  pointment. — Welch    v.    Ware,    161    Cal.    641, 

(1905,  p.  621)."  119  Pac.  1080. 

1.  Fire  wardens — Appointment. — It  is  the  3.  Same. — Compen.sation. — The  only  au- 
duty  of  the  state  forester,  under  this  act.  thority  given  the  board  of  supervisors  is  to 
to  appoint  local  fire  wardens,  and  the  board  provide  for  the  compensation  of  voluntary 
of  supervisors  have  no  power  to  make  such  fire  wardens;  but  there  is  no  provision  of 
an  apointment. — Welch  v.  Ware,  161  Cal.  the  law  which  requires  the  board  to  make 
641,  119  Pac.  1080.  compensation    in    any    given    amount,    or    If 

2.  An  appointment  by  the  board  of  super-  compensation  is  allowed,  that  it  should  be 
visors  of  a  fire  warden,  and  an  order  fixing  continued  for  any  given  time  or  terni.— 
his  compensation  as  such,  can  only  be  taken  Welch  v.  Ware,  161  Cal.  641,  119  Pac.  1080. 

PREVENTION  AND  SUPPRESSION  OF  FOREST  FIRES. 
ACT  1578a — An  act  providing  for  the  prevention  and  suppression  of  forest  fires. 

History:    Approved  May  2,  1919.    In  effect  July  22,  1919.    Stats.  1919, 
p.  262. 

Prevention  and  suppression  of  forest  fires. 

§  1.  For  the  prevention  and  suppression  of  forest  fires  the  state  board  of  forestry 
shall— 

(a)  Make  and  enforce  such  rules  and  regulations  as  may  be  necessary  and  proper 
for  the  organization,  maintenance,  government  and  direction  of  the  fire  protective 
system  provided  for  in  this  act; 

Fire  districts. 

(b)  Divide  the  state  into  such  number  of  suitable  and  convenient  fire  districts  as 
may  be  necessary; 

Fire  rangers. 

(c)  Appoint  a  district  fire  ranger  for  each  of  such  fire  districts  to  serve  during  the 
seasons  when  fires  are  liable  to  occur  at  a  salary  of  not  to  exceed  one  hundred  fifty 
dollars  per  month  and  necessary  expenses.  Said  district  fire  rangers  shall,  under  the 
direction  of  the  state  forester,  have  charge  of  the  fire  fighting  system  and  men  in  such 
districts;  and  shall  be  charged  with  the  duty  of  preventing  and  extinguishing  forest 
fires  and  with  the  performance  of  such  other  duties  as  may  be  required  by  the  forester; 

Implements  and  apparatus. 

(d)  Provide  all  proper  fire-prevention  and  fire-fighting  implements  and  apparatus, 
organize  fire  companies  and  establish  observation  stations  and  employ  men  to  attend 
them  in  all  fire  districts  established  as  herein  provided;  construct  and  maintain  tele- 
phone lines  and  provide  such  other  means  of  communication  as  shall  be  necessary  to 
prevent  and  extinguish  forest  fires. 

Co-operation  with  other  agencies. 

^  2.  For  the  puiiiose  of  co-operating  with  federal,  county,  municipal  and  private 
agencies  for  fire  protection,  forest  management,  reforestation  and  afforestation  the  state 
forester  may — 

Agreements  with  federal  government. 

(a)  Enter  into  agreements  with  the  federal  government,  under  such  terms  as  he 


Aot  i:;7Sa,  g§  3-5  GENERAL   I-AWS.  778 

deems  advisable  or  as  may  be  provided  by  law,  and  renew,  revise  or  terminate  such 
agreements,  for  the  purpose  of  maintaining  a  fire  patrol  system  for  the  prevention  and 
suppression  of  any  forest  fires  in  any  timber,  brush,  grass  or  other  inflammable  vegeta- 
tion or  material;  provided,  that  the  expenses  incurred  by  the  terms  of  said  agreements 
shall  be  paid  from  the  appropriations  or  funds  available  for  forest  fire  protection. 

Agreements  with  counties  or  municipalities. 

(b)  Whenever  any  county  or  municipality  shall  make  any  appropriation  for  the 
prevention  and  suppression  of  forest  fires  on  any  lands  within  said  county,  or  munici- 
pality, or  for  the  protection  and  forest  management  of  any  lands  over  which  such 
county  or  municipality  has  jurisdiction,  or  for  reforestation  or  afforestation  on  lands 
within  said  county  or  municipality,  the  state  forester  may,  with  the  approval  of  the 
state  board  of  control,  enter  into  agreements  with  such  county  or  municipality  for  said 
purposes  on  such  terms  and  under  such  considerations  as  he  deems  wise. 

Agreements  with  persons,  firms,  etc. 

(c)  Enter  into  agreements,  with  the  approval  of  the  state  board  of  control,  with  any 
person,  firm,  association  or  corporation  owning  or  controlling  any  forest,  brush,  grass 
or  grain  lands,  under  such  terms  as  he  deems  advisable  or  as  may  be  provided  by  law, 
and  renew,  revise  or  terminate  such  agreements,  for  the  prevention  and  suppression  of 
forest  fire;  provided,  that  said  agreements  shall  not  provide  that  the  state  shall  pay 
more  than  one-third  of  the  expenses  for  said  prevention  and  suppression  of  forest  fires ; 
provided,  however,  that  the  expenses  incurred  bj'  the  terms  of  said  agreements  shall 
be  paid  from  the  appropriations  or  funds  available  for  forest  fire  protection. 

Special  fire  rangers. 

^  3.  Where  owners  of  land,  or  any  organization,  shall  maintain  a  fire  patrol  for  the 
prevention  and  suppression  of  forest  fires  the  state  forester  may  designate  such  patrol- 
man as  special  fire  ranger  and  give  to  him,  for  the  protection  of  lands  patrolled  by  him 
or  adjacent  thereto,  all  the  rights  and  powers  of  district  fire  rangers  as  herein  provided; 
and  such  special  fire  rangers  shall  be  paid  wholly  by  such  owners  or  organizations 
or  as  may  be  provided  for  by  section  two  of  this  act. 

Power  to  summon  help  for  suppression  of  fires. 

§  4.  The  state  forester,  deputy  state  forester  and  assistant  state  foresters,  shall  have 
power  to  summon  any  able-bodied  male  to  assist  in  suppressing  any  forest  fire;  and 
whosoever  fails  to  obey  such  summons  shall  be  guilty  of  a  violation  of  this  act;  and  the 
above-mentioned  oflScers  shall  have  power  to  authoi-ize  any  district  fire  ranger,  special 
fire  ranger  or  any  voluntary  fire  warden  to  summon  any  able-bodied  man  to  assist  in 
suppressing  any  forest  fire  within  their  respective  jurisdictions,  and  whosoever  fails  to 
obey  such  summons  from  any  such  authorized  district  fire  ranger,  special  fire  ranger 
or  voluntary  fire  warden  shall  be  deemed  guilty  of  a  violation  of  this  act;  and  every 
person  who  in  obedience  to  such  summons  assists  in  extinguishing  any  forest  fire  shall 
be  compensated  at  the  rate  of  twenty-five  cents  per  hour  of  service  actually  rendered; 
provided,  that  said  compensation  shall  be  paid  from  the  appropriations  or  funds 
available  for  forest  fire  protection. 

Power  to  make  arrests. 

^  5.  The  state  forester,  deputy  state  forester,  assistant  state  foresters,  district  fire 
rangers  and  special  fire  rangers,  shall  have  the  powers  of  peace  officers  to  make  arrests 
without  warrant,  for  violation  of  any  state,  county  or  federal  fire  law,  and  none  of 
them  shall  be  liable  to  civil  action  for  tresjiass  committed  in  the  discharge  of  their 
duties. 


779  FORESTRY.  Acts  1579,  15S0,  §§  1, 2 

"Forest  fire"  defined. 

^  6.  The  term  "forest  fire"  as  used  in  this  act,  means  any  fire  burning  uncontrolled 
on  any  lands  covered  wholly  or  in  part  by  timber,  brush,  grass,  grain,  or  other  inflam- 
mable vegetation. 

Penalty. 

^  7.  Any  person  who  shall  violate  any  of  the  provisions  of  this  act  shall  be  gnilty 
of  a  misdemeanor  and  shall  be  punishable  upon  conviction  by  a  fine  of  not  less  than 
fifty  dollars  nor  more  than  five  hundred  dollars,  and  if  the  defendant  refuses,  on  con- 
viction, to  pay  said  fine  he  shall  be  confined  in  the  county  jail  of  the  county  in  which 
conviction  shall  be  had  for  a  period  not  to  exceed  one  day  for  every  two  dollars  of  the 
fine  imposed,  or  may  be  subject  to  both  such  fine  and  imprisonment. 

Repealed. 

$  8.  All  acts  or  parts  of  acts  inconsistent  with  the  provisions  of  this  act  are  hereby 
repealed. 

SALARIES  OF  FORESTRY  OFFICERS. 
ACT  1579 — An  act  to  fix  the  salaries  of  the  state  forester,  deputy  forester  and  assistant 
forester. 

History:    Approved  March  22,  1909,  Stats.   1909,  p.  669.     Amended 
May  14,  1917.    In  effect  July  27,  1917.    Stats.  1917,  p.  439. 

Salaries  of  state  forester  and  assistants. 

§  1.  The  salary  of  the  state  forester  shall  be  three  thousand  dollars  per  annum. 
The  state  forester  shall  have  authority  to  aj^point  a  deputy  forester  at  a  salary  of  two 
thousand  four  hundred  dollars  per  annum  and  an  assistant  forester  at  a  salary  of 
one  thousand  six  hundred  dollars  per  annum.  The  deputy  forester  shall  exercise  all 
the  powers  and  duties  of  the  state  forester  during  the  latter 's  absence.  All  the  salaries 
mentioned  herein  are  to  be  paid  in  the  same  manner  as  the  salaries  of  other  state  officers 
are  paid.     [Amendment  of  May  14,  1917.    In  effect  July  27,  1917.    Stats.  1917,  p.  439.] 

Eepeal  of  conflicting  acts. 

§  2.     All  acts  and  parts  of  acts  inconsistent  with  this  act  are  hereby  repealed. 

STATE  FORESTRY  FUND. 
ACT  1580 — An  act  to  appropriate  one  hundred  thousand  dollars  from  any  moneys 
hereafter  collected  and  received  by  the  state  of  California  from  the  United  States 
in  pajrment  of  the  claims  of  the  state  arising  out  of  the  Indian  and  civil  wars,  to  be 
expended  in  the  acquisition,  preservation,  and  protection  of  the  forests  of  this  state ; 
creating  the  state  board  of  examiners  a  commission  to  carry  this  act  into  efi'ect  and 
for  the  disbursement  of  said  moneys,  and  creating  the  "state  forestry  fund." 
History:    Approved  March  18,  1905,  Stats.  1905,  p.  183. 

State  forestry  fund.    Preservation  and  protection  of  forests. 

§  1.  From  the  monej's  hereafter  collected  and  received  by  the  state  of  California 
from  the  United  States  in  payment  of  the  claims  of  this  state  arising  out  of  the  Indian 
and  civil  wars,  there  is  hereby  appropriated  the  sum  of  one  hundred  thousand  dollars 
which  shall  be  set  aside  and  covered  into  the  "state  forestry  fund,"  which  fund  is 
hereby  created,  and  which  moneys  shall  be  devoted  by  the  state  of  California  for  the 
acquisition,  preservation  and  protection  of  the  forests  within  the  state,  and  to  the 
interests  of  scientific  forestry  generally  within  the  state. 

Board  of  examiners  to  expend  moneys. 

^  2.  The  state  board  of  examiners  shall  ronstitute  a  commission  for  the  carrying  into 
effect  the  provisions  of  this  act,  and  is  hereby  authorized  to  expend  such  moneys  in 


Acts  15S1,  1583,  §  1  GENERAL   LAWS.  780 

such  manner  and  for  such  purposes  within  the  purview  of  this  act  as  it  shall  deem 
advisable,  and  for  that  purpose  shall  audit  all  claims  and  demands  arising  hereunder, 
and  the  controller  is  hereby  directed  to  draw  his  warrants  for  the  amounts  as  the  same 
may  become  due  and  payable  and  the  treasurer  of  the  state  is  directed  to  pay  such 
warrants. 

^  3.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

STATE  FORESTRY  NURSERY. 
ACT  1581 — An  act  providing  for  the  establishment  and  maintenance  of  a  state  nursery 
under  the  jurisdiction  and  management  of  the  state  forester  for  the  growing  of  stock 
for  reforestation  and  the  planting  of  trees  along  highways  and  in  public  places,  and 
making  an  appropriation  therefor. 

History:    Approved  May  15,  1917.     In  effect  July  27,  1917.     Stats. 
1917,  p.  563. 

State  nursery  established. 

$  1.  There  is  hereby  established  a  state  nursery  under  the  jurisdiction  and  manage- 
ment of  the  state  forester  for  the  growing  of  stock  for  reforestation  of  public  lands, 
the  planting  of  trees  along  public  streets  and  highways  and  for  the  beautifying  of  parks 
and  school  grounds.  The  state  nursery  shall  be  located  by  the  state  forester  upon  lands 
now  owned  by  the  state  or  donated  to  the  state  for  that  purpose. 

Duty  of  state  forester. 

§  2.  The  state  forester  shall  construct  and  maintain  such  buildings,  improvements 
and  equipment,  and  shall  employ  and  fix  the  compensation  of  such  employees  as  may  be 
necessary  to  carry  out  the  provisions  of  this  act.  He  may  also  purchase  nursery  stock 
and  seed  and  distribute  the  same  at  cost  for  public  planting  or  reforestation. 

Governor  to  receive  deeds,  etc. 

§  3.  The  governor,  on  behalf  of  the  state,  is  hereby  authorized  to  receive  all  such 
deeds,  conveyances,  assurances  or  donations  of  real  or  personal  property  as  may  be 
necessary  in  law  to  vest  in  the  people  of  the  state  of  California  the  title  to  any  site  or 
sites  for  said  nursery  and  any  equipment  and  supplies  therefor  that  may  be  donated 
to  the  state  and  accepted  by  the  governor. 

Appropriation. 

§  4.  Out  of  any  money  in  the  state  treasury  not  otherwise  appropriated  there  is 
hereby  appropriated  the  sum  of  fourteen  thousand  dollars  for  the  purposes  of  this  act. 

UNITED  STATES  FOREST  RESERVE  FUND. 

ACT  1583 — An  act  to  create  a  fund  to  be  known  as  the  United  States  forest  reserve 

fund  and  to  provide  for  the  payment  out  of  such  fund  to  the  treasuries  of  the  several 

counties  entitled  thereto  of  certain  moneys  received  from  the  government  of  the 

United  States,  and  also  to  regulate  the  manner  of  expenditure  by  the  counties  of 

the  moneys  so  paid. 

History:     Approved  March   18,  1907,  Stats.   1907,  p.  346.     Amended 
March  20,  1909,  Stats.  1909,  p.  550. 

Creation  of  United  States  forest  reserve  fund. 

§  1.  All  moneys  which  have  been  received,  and  all  moneys  which  may  hereafter  be 
received  by  the  state  of  California  from  the  government  of  the  United  States  in  pursu- 
ance of  any  and  all  acts  of  congress  providing  for  the  distribution  and  payment  to 
states  and  territories  of  a  fixed  and  definite  percentage  of  the  moneys  received  by  the 
government  of  the  United  States  from  the  forest  reserves  established  therein,  shall  be 
credited  to  a  fund  to  be  known  as  the  United  Slates  forest  reserve  fund,  which  fund 


781  FORESTRY.  Acts  1585, 1586,  §  1 

is  hereby  specifically  created,  and  such  moneys  shall  be  disposed  of,  in  accordance  with 
the  terms  of  such  act  of  congress,  by  the  payment  of  the  same  to  the  counties  in  which 
such  forest  reserves  are  situated.  The  payment  made  to  each  county  from  the  receipts 
of  any  given  forest  reserve  shall  be  in  the  proportion  which  the  area  of  such  forest 
reserve  situated  in  such  county  bears  to  the  total  area  of  such  reserve.  [Amendment 
of  March  20,  1909.    Stats.  1909,  p.  550.] 

Controller  to  keep  record  of  receipts. 

$  2.  The  controller  of  state  shall  keep  a  record  of  the  receipts  from  the  government 
of  the  United  States  on  account  of  each  forest  reserve  in  this  state.  On  or  before  the 
thirtieth  day  of  June  of  each  year  the  controller  shall  draw  his  warrant  in  favor  of 
the  treasurer  of  each  and  every  county  entitled  to  payment  hereunder  for  whatever  sum 
of  money  may  be  due  to  such  county  according  to  the  terms  of  this  act.  The  state 
treasurer  shall  pay  the  warrants  so  drawn. 

Duty  of  supervisors  and  county  surveyors. 

§  3,  It  shall  be  the  duty  of  the  board  of  supervisors  of  each  county,  upon  application 
of  the  state  controller,  to  instruct  the  county  survej'or  to  furnish  the  controller,  without 
expense  to  the  state,  a  statistical  statement  showing  the  area  of  each  United  States 
forest  reserve  located  within  that  county,  and  the  data  thus  secured  shall  be  made  the 
basis  of  the  computation  of  the  amount  of  money  due  that  county  under  the  provisions 
of  this  act.     [Amendment  of  March  20,  1909.     Stats.  1909,  p.  550.] 

County  auditor  to  apportion  money. 

$  4.  It  shall  be  the  duty  of  the  county  auditor  of  any  county  receiving  a  payment  of 
money  under  the  provisions  of  this  act,  immediately  to  apportion  such  money  by  placing 
fifty  per  cent  thereof  to  the  credit  of  the  unapportioned  county  school  fund  of  such 
county  and  fifty  per  cent  to  the  credit  of  the  general  road  fund.  The  money  thus 
added  to  the  unapportioned  county  school  fund  shall  be  apportioned  by  the  county 
superintendent  of  schools  in  the  same  manner  as  other  county  school  fund  moneys,  and 
the  money  so  added  to  the  county  general  road  fund  shall  be  used  for  the  same 
purposes  as  other  general  road  fund  moneys. 

§  5.     This  act  shall  take  effect  immediately. 

REFORESTATION  OF  SAN  BERNARDINO  FOREST  RESERVE. 

ACT  1585 — An  act  to  provide  for  the  reforestation,  the  cutting  of  fire  lanes  and  fire 

trails  on  the  San  Bernardino  forest  reserve,  and  to  make  an  appropriation  therefor. 

History:  Approved  April  14,  1909,  Stats.  1909,  p.  8G8.  Prior  act  of 
March  11,  1907,  Stats.  1907,  p.  206,  identical  in  all  respects  with  present 
act,  except  that  it  authorized  the  department  of  engineering  to  enter 
into  the  necessary  contract,  etc.,  while  the  present  gave  that  authority 
to  the  board  of  examiners. 

REFORESTATION  OF  THE  ANGELES  NATIONAL  FOREST. 
ACT  1586 — An  act  to  provide  for  the  reforestation,  constructing  and  maintaining  of 
fire  lanes  and  fire  trails  on  the  Angeles  national  forest,  and  to  make  an  appropriation 
therefor. 

History:  Approved  May  22,  1919.  In  effect  July  22,  1919.  Stats. 
1919,  p.  1240.  Prior  acts:  Act  of  June  3,  1913,  Stats.  1913,  p.  374; 
May  17,  1915,  Stats.  1915,  p.  481;  May  15,  1917,  Stats.  1917,  p.  532;  all  of 
which  were  practically  identical  with  the  present  act. 

Appropriation:  fire  protection  in  San  Bernardino  mountains. 

^  1.  The  sum  of  five  thousand  dollars,  or  so  much  thereof  as  may  be  necessary,  is 
hereby  appropriated  out  of  any  money  in  the  state  treasury  not  otherwise  appropriated, 
which  money  shall  be  used  and  expended  for  the  purpose  of  constructing  and  main- 
taining fire  lanes  and  fire  trails  to  protect  the  timber  and  brush  and  other  growth  on  the 


Acts  1588.  1589,  §  1  GENERAL.   LAWS.  7Sa 

water  shed  now  standing  or  that  may  be  planted  upon  the  San  Bernardino  mountains, 
in  the  state  of  California. 

Contracts  with  United  States  forest  service. 

$  2.  The  state  board  of  control  is  hoieby  empowered  to  enter  into  a  contract  or 
contracts  with  the  forest  service  of  the  United  States  government  for  the  purpose  of 
constructing  and  maintaining  fire  lanes  and  fire  trails  for  the  protection  of  the  forest 
and  brush  specified  in  section  one  of  this  act;  provided,  however,  that  these  expendi- 
tures shall  not  be  in  excess  of  the  amount  or  amounts  to  be  expended  by  the  forest 
service  of  the  federal  government  in  collaboration  with  the  specific  work  named  above ; 
and  provided,  further,  that  in  case  the  forest  service  above  mentioned  does  not  con- 
tribute the  fund  for  said  co-operation,  that  the  state  board  of  control  shall  not  have 
power  to  enter  into  such  contract  or  contracts  with  the  said  forest  service  for  the 
expenditure  of  the  said  money. 

PREVENTION  OF  DESTRUCTION  OF  GAME  IN  CLEVELAND  NATIONAL 

FOREST. 
ACT  1588 — An  act  to  prevent  the  destruction  of  wild  game  within  certain  territory 
lying  within  the  boundaries  of  the  Cleveland  national  forest,  in  the  state  of  Cali- 
fornia, and  providing  a  penalty  therefor. 

History:    Approved  June  16,  1913.    In  effect  August  10,  1913.    Stats. 
1913,  p.  952. 

Penalty  for  hunting  in  Cleveland  national  forest. 

^  1.  Every  person  who  shall  hunt,  pursue,  kill  or  destroy  any  wild  game  of  any  kind 
within  that  certain  territory  embraced  in  the  Cleveland  national  forest,  more  particu- 
larly described  as  follows,  to  wit:  "The  east  one-half  of  township  five  south,  range 
seven  west;  all  of  township  seven;  all  of  township  five  south,  range  six  west,  except 
sections  one,  two,  three,  four,  ten,  eleven  and  twelve;  all  of  township  six  south,  range 
five  west;  all  in  San  Bernardino  base  and  meridian,  in  the  state  of  California,"  is 
guilty  of  a  misdemeanor,  and  upon  conviction  shall  be  punished  by  a  fine  of  not  less 
than  one  hundred,  nor  more  than  five  hundred  dollars,  or  by  imprisonment  in  the  county 
iail  of  the  county  in  which  the  conviction  shall  be  had,  not  less  than  fifty  days  nor 
more  than  two  hundred  days,  or  by  both  such  fine  and  imprisonment. 

Not  applicable  to  lions,  etc. 

5  2.  The  provisions  of  this  act  shall  not  apply  to  the  hunting,  pursuing,  killing  or 
destroying  of  California  lions,  wildcats  or  coyotes  under  a  permit  therefor  issued  by 
the  fish  and  game  commission  of  California. 

DISINCORPORATION  OF  FIRE  DISTRICTS. 
ACT  1589 — An  act  to  provide  for  the  disincorporation  and  discontinuance   of  fire 
districts  where  the  same  become  wholly  or  partly  within  the  corporate  limits  of  a 
town  or  city,  incorporated  subsequently  to  the  organization  thereof,  and  providing 
for  the  disposal  of  the  property  of  such  districts. 

History:    Approved  March  20,  1909,  Stats.  1909,  p.  576. 

Discontinuance  of  fire  districts,  proceedings  for. 

§  1.  Whenever  the  territory  comprising  a  fire  district  organized  under  the  laws  of 
this  state,  governing  the  organization  and  establishment  of  fire  districts  and  fire  depart- 
ments in  unincorporated  towns  or  villages  in  this  state,  shall  be  wholly  within,  or  be 
identical  with  the  corporate  limits  of  a  town  or  city,  which  shall  have  become  incorpo- 
rated as  a  municipality,  after  said  fire  district  was  organized  and  established,  the  board 
of  super\'isors  of  any  county  in  which  any  such  fire  district  shall  have  been  or  may  be 
hereafter  established  at  any  time,  upon  the  written  verified  petition  of  the  inhabitants 


'S3  rORESTRT.  Act  1590,  §  1 

of  any  such  fire  district,  whose  names  appear  upon  the  last  preceding  assessment-roll 
of  the  county,  town  or  city  within  which  said  fire  district  is  located,  owning  or  repre- 
senting more  than  one-half  in  value  of  the  assessed  real  property  of  such  fire  district, 
or  owning  or  representing  more  than  one-half  in  value  of  the  assessed  real  property  in 
such  fire  district  owned  by  the  residents  thereof,  may,  by  a  resolution  adopted  and 
entered  in  their  minutes,  discontinue  such  fire  district,  and  declare  the  same  to  be 
disincorporated;  and  upon  such  action  being  taken  by  said  board  of  supervisors,  the 
board  of  fire  commissioners  of  such  fire  district,  shall  turn  over  t©  any  fire  department 
organized  by  the  board  of  trustees  of  said  to#n  or  city,  or  to  the  board  of  trustees  of 
said  town  or  city,  all  the  property  of  such  fire  district  or  fire  department;  such  town 
or  city  to  pay  all  the  debts  of  said  fire  district,  and  department,  and  thereupon  said 
fire  district  shall  be  discontinued  and  disincorporated. 

Change  of  districts. 

§  2.  Whenever  any  portion  of  the  territory  of  any  fire  district  heretofore  or  here- 
after established  shall  be  incorporated  into  the  corporate  limits  of  any  incorporated 
town  or  city,  the  board  of  supervisors  of  the  county  in  which  such  fire  district  is  located, 
upon  the  written  verified  petition  of  the  inhabitants  of  such  incorporated  portion  of 
such  fire  district,  whose  names  appear  upon  the  last  preceding  assessment-roll  of  the 
county,  city  or  town  within  which  said  incorporated  portion  of  said  fire  district  is 
located,  owning  or  representing  more  than  one-half  in  value  of  the  assessed  real  prop- 
erty in  such  incorporated  portion  of  such  fire  district;  or  owning  or  representing  more 
than  one-half  in  value  of  the  assessed  real  property  within  such  incorporated  portion  of 
such  fire  district  owned  by  the  residents  thereof,  shall  by  a  resolution  duly  adopted  and 
entered  in  their  minutes,  change  the  boundaries  of  such  fire  district,  in  such  manner  as 
shall  exclude  such  incorporated  portion  from  such  fire  district,  and  thereafter  such 
incorporated  portion  of  such  fire  district,  shall  cease  to  be  a  portion  of  said  fire  district, 
and  shall  not  be  entitled  to  the  protection  of,  nor  liable  to  be  assessed  or  taxed  for  the 
support  and  maintenance  of  the  fire  department  of  such  fire  district. 

Order  of  discontinuance  to  he  recorded. 

$  3.  A  certified  copy  of  any  resolution  of  said  board  of  supervisors,  discontinuing, 
and  disincorporating  such  fire  district  or  excluding  a  portion  therefrom,  or  changing  the 
boundaries  thereof,  after  being  adopted,  and  duly  signed  by  the  chairman  of  said  board 
and  the  clerk  thereof,  and  the  seal  of  said  board  affixed  thereto,  and  duly  certified  to  by 
the  clerk  of  said  board,  shall  within  ten  days  after  the  adoption  thereof  by  said  board, 
be  filed  by  the  clerk  of  said  board  in  the  office  of  the  county  recorder  of  the  said  county 
in  which  said  fire  district  is  located,  and  the  said  recorder  shall  record  the  same,  but 
shall  not  make  any  charge  or  collect  any  fees  for  filing  or  recording  the  same. 

§  4.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

TAMALPAIS  FOREST  FIRE  DISTRICT. 
ACT  1590 — An  act  to  provide  for  the  formation,  government,  operation  and  dissolutic  , 
of  Tamalpais  forest  fire  district,  to  prevent  and  extinguish  forest,  brush  and  grasd 
fires  therein,  and  protect  persons  and  property  from  injury,  loss  or  damage  resulting 
from  any  such  fires;  and  to  provide  for  the  assessment,  levy,  collection  and  disburse- 
ment of  taxes  and  revenues  therein,  and  the  contribution  or  pajonent  of  public  fundi 
therefor. 

History:    Approved  May  21,  1917.    In  effect  July  27,  1917.     Stats. 
1917,  p.  774. 

"Tamalpais  forest  fire  district"  organized. 

^  1.  There  is  hereby  organized,  created,  established  and  incorporated  a  forest  fire 
district  within  the  county  of  Marin,  to  be  known  as  ''Tamalpais  forest  fire  district," 


ActlSOO,  §g%3  GENERAL  LAWS.  784 

the  boundaries  of  which  are  hereby  established,  described  and  determined  as  follows,  to 
wit:  Commencing  at  the  point  where  the  electric  pole  line  of  the  Pacific  Gas  and  Elec- 
tric company  running  from  the  Alto  power  house  to  Bolinas  first  joins  the  state  high- 
way between  the  town  of  Mill  Valley  and  Alto;  running  thence  along  the  line  of  said 
pole  line,  southerly,  southwesterly,  and  westerly  across  the  Rancho  Saucelito  and  the 
Rancho  Las  Baulinas  until  the  said  pole  line  crosses  the  county  road  along  the  easterly 
side  of  Bolinas  inner  bay  or  lagoon;  running  thence  northwesterly  along  said  county 
road  to  its  intersection  with  the  lower  county  road  leading  from  Bolinas  to  Olema; 
running  thence  northwesterly  along  saidColinas  and  Olema  county  road  to  its  intersec- 
tion with  the  Tocaloma  road  at  the  village  of  Olema;  running  thence  easterly  along  said 
county  road  leading  to  Tocaloma  to  its  intersection  with  the  county  road  running  along 
the  easterly  bank  of  Paper  Mill  creek;  running  thence  northerly  and  easterly  along  said 
county  road  running  along  the  easterly  bank  of  Paper  Mill  creek  to  the  mouth  of 
Nieasio  creek;  running  thence  up  the  county  road  running  up  Nicasio  creek,  in  an 
easterly  and  southerly  direction,  through  the  village  of  Nicasio  to  the  intersection  of 
the  Nicasio  and  San  Geronimo  county  road  with  the  Lucas  valley  county  road;  thence 
easterly  along  said  Lucas  valley  county  road  to  its  intersection  with  the  state  highway 
at  Las  Gallinas;  thence  southerly  along  the  state  highway  as  at  present  laid  out  to  the 
northerly  corporate  limits  of  the  city  of  San  Rafael;  thence  westerly  along  said  north- 
erly corporate  limits  of  said  city  of  San  Rafael  to  the  easterly  corporate  limits  of  the 
town  of  San  Anselmo;  thence  southerly  along  the  easterly  corporate  limits  of  the  town 
of  San  Anselmo  to  the  easterly  corporate  limits  of  the  town  of  Ross;  thence  southerly 
along  the  easterly  corporate  limits  of  the  town  of  Ross  and  westerly  along  the  southerly 
corporate  limits  of  the  town  of  Ross  to  the  intersection  thereof  with  the  state  highway ; 
thence  southerly  along  the  state  highway  to  the  northwesterly  corporate  limits  of  the 
town  of  Larkspur;  thence  northerly,  easterly  and  southerly,  along  the  corporate  limits 
of  the  town  of  Larkspur  to  their  intersection  with  the  northerly  corporate  limits  of 
the  town  of  Corte  Madera;  thence  easterly,  southerly  and  westerly  along  the  corporate 
limits  of  the  town  of  Corte  Madera  to  their  intersection  with  the  state  highway;  and 
thence  southerly  along  the  state  highway  to  the  point  of  beginning. 

Appointment  of  board  of  trustees. 

§  2.  Within  thirty  days  after  this  act  shall  go  into  effect,  a  governing  board  of 
trustees  for  said  district  shall  be  appointed.  Said  board  shall  consist  of  one  trustee 
to  be  appointed  from  said  district  at  large  by  the  board  of  supervisors  of  said  county 
of  Marin,  and  of  one  trustee  to  be  appointed  from  each  municipality  lying  wholly  or 
partially  within  said  district  by  the  governing  board  of  such  municipality.  The  govern- 
ino-  board  of  such  district  shall  be  called  "the  board  of  trustees  of  Tamalpais  forest 
fire  district."  Each  trustee  appointed  by  a  municipal  board  shall  be  an  elector  of  the 
municipality  from  which  he  is  appointed,  and  each  appointee  of  the  board  of  supervisors 
shall  be  an  elector  of  the  district. 

Term. 

All  such  trustees  shall  hold  ofiBce  for  the  term  of  two  years  from  and  after  the  second 
day  of  the  calendar  year  succeeding  their  appointment;  provided,  however,  that  the 
first  board  of  trustees  appointed  under  the  provisions  of  this  act  shall,  at  their  first 
meeting,  so  classify  themselves  by  lot  that  one-half  of  their  number,  if  the  total  mem- 
bership is  an  even  number,  and  if  uneven  then  that  a  majority  of  their  number,  shall 
go  out  of  office  at  the  expiration  of  one  year  and  the  remainder  at  the  expiration  ol 
two  years,  from  the  second  day  of  the  calendar  year  succeeding  their  appointment. 

Officers.    Expenses.    Meetings. 

$  3.  The  members  of  the  board  of  trustees  shall  meet  on  the  first  Monday  subsequent 
to  thirty  days  after  this  act  shall  go  into  effect  and  shall  organize  by  the  election  of 


785  FORESTRY.  Act  1500,  §§  4,  5 

one  of  their  members  as  president  and  one  thereof  as  secretary.  The  members  of  the 
board  shall  serve  without  compensation  provided  that  the  necessary  expenses  of  each 
member  for  actual  traveling  expenses  on  meetings  or  business  connected  with  said  board 
shall  be  allowed  and  paid.  In  event  of  the  resignation,  death  or  disability  of  any  mem- 
ber, his  successor  shall  be  appointed  by  the  board  of  supervisors,  if  such  board  orig- 
inally made  such  appointment,  or  by  the  governing  board  of  the  appropriate  munici- 
pality, if  such  appointment  were  originally  made  by  the  board  of  a  municipality.  The 
board  of  trustees  shall  provide  for  the  time  and  place  of  holding  its  regular  meetings, 
and  the  manner  of  calling  the  same,  and  shall  establish  miles  for  its  proceedings.  Special 
meetings  may  be  called  by  three  trustees  and  notice  of  the  holding  thereof  shall  be 
given  to  each  member  at  least  three  hours  before  the  meeting.  All  sessions,  whether 
regular  or  special,  shall  be  open  to  the  public  and  a  majority  of  the  members  of  the 
board  shall  constitute  a  quorum  for  the  transaction  of  business. 

Powers  of  board  of  trustees. 

§  4.  The  board  of  trustees  of  such  district  shall  have  power  to  take  all  necessary  or 
proper  steps  for  the  prevention  or  extinguishing  of  forest,  brush  or  grass  fires  within 
the  district,  and  for  the  protection  of  persons  or  property  from  any  injury,  loss  or 
damage  resulting  from  any  such  fire  or  fires;  to  purchase  such  supplies  and  materials 
and  to  employ  such  labor  or  skilled  services  as  may  be  necessary  or  proper  in  further- 
ance of  the  objects  of  this  act,  and  if  necessary  or  proper  in  the  furtherance  of  the 
same  to  build,  construct  and  thereafter  to  keep  clear  and  maintain  necessary  fire  roads 
or  fire  trails,  hydrants  or  other  fire  fighting  apparatus  upon  the  lands  within  the  district 
or  adjacent  thereto,  and  to  acquire  by  purchase,  condemnation,  license  or  other  lawful 
means,  in  the  name  of  the  district,  all  necessary  lands,  rights  of  way,  easements  or 
property  or  material  requisite  or  necessary  for  any  of  such  purposes ;  to  make  contracts, 
to  indemnify  or  compensate  any  owner  of  land  or  other  property  for  any  injury  or 
damage  necessarily  caused  by  the  exercise  of  the  powers  by  this  act  conferred,  or  aris- 
ing out  of  the  use,  taking  or  damage  of  such  property  for  any  such  purposes,  and 
generally  to  do  any  and  all  things  necessary  or  incident  to  the  powers  hereby  granted 
and  to  carry  out  the  objects  specified  herein. 

Estimate  of  money  needed, 

$  5.  The  board  of  trustees  of  said  district  shall  at  least  fifteen  days  before  the  first 
day  of  the  month  in  which  the  board  of  supervisors  of  Marin  county  is  required  by  law 
to  levy  the  amount  of  taxes  required  for  county  purposes,  furnish  to  said  board  of 
supervisors  and  to  the  county  auditor  of  said  county,  respectively,  an  estimate  in  writing 
of  the  amount  of  money  necessary  for  all  purposes  required  under  the  provisions  of 
this  act  during  the  next  ensuing  fiscal  year. 

"Tamalpais  forest  fire  district  tax." 

The  board  of  supervisors  of  such  county  shall  thereafter  at  the  time  and  in  the 
manner  of  levying  other  county  taxes  levy  upon  all  of  the  taxable  property  within  the 
district  and  cause  to  be  collected  a  tax,  to  be  known  as  the  "Tamalpais  forest  fire  dis- 
trict tax,"  the  maximum  rate  of  which  must  not  be  greater  than  suflBcient  to  raise  the 
amount  estimated  to  be  raised  by  the  said  board  of  trustees  of  the  district,  nor  in  any 
event  shall  such  tax  exceed  ten  cents  on  each  one  hundred  dollars  of  taxable  property 
in  such  district. 

Levy  and  collection. 

All  taxes  levied  under  the  provisions  of  this  section  shall  be  computed  and  entered  on 
the  county  assessment  roll  of  said  county  by  the  county  auditor,  thereof,  and  collected 
at  the  same  time  and  in  the  same  manner  as  state  and  county  taxes,  and  when  collected 
shall  be  paid  into  the  county  treasury  of  said  county  for  the  use  of  said  district. 

Gen.  Laws — 50 


Act  1590.  gg  5,0  GENERAL   LAWS.  780 

The  funds  shall  be  withdrawn  from  said  county  treasury  upon  the  warrant  of  the 
board  of  trustees  of  such  district  signed  by  the  president  or  acting  president  of  the 
board,  and  countersigned  by  its  secretary. 

Proposal  of  amount  to  be  paid  toward  expenses  by  state,  etc.    Governing  board  anthor- 

ized  to  make  proposal. 

$  6.  The  board  of  trustees  of  such  forest  fire  district,  prior  to  its  estimate  of  the 
amount  of  money  necessary  for  all  pVirposes  of  the  district  for  the  ensuing  fiscal  year, 
as  hereinabove  provided,  may  request  from  the  governing  board  or  body  having  juris- 
diction and  control  over  any  forest,  brush  or  grass  lands  within  such  district  owned  or 
held  for  any  purpose  whatsoever  by  the  state  of  California,  or  any  county,  city,  town- 
ship, municipal  corporation,  public  corporation,  or  other  political  corporation  or  subdi- 
vision of  the  state,  a  proposal  or  promise  as  to  what  amount,  if  any,  the  state  of  Cali- 
fornia, or  any  county,  city,  townshijj,  municipal  corporation,  public  corporation  or  other 
political  corporation  or  subdivision  of  the  state  owning  or  holding  such  lands,  will 
agree  to  pay  to  such  district  towards  its  necessary  expenses  for  the  next  ensuing  fiscal 
year,  or  such  proposal  may  be  for  the  next  two  ensuing  fiscal  years  in  the  event  that 
such  lands  shall  be  under  the  conti'ol  of  the  state  of  California,  in  consideration  of 
said  district  taking  over  the  supervision  and  concurrent  control,  as  hereinafter  set  forth, 
of  such  lands  so  owned  or  held,  only,  however,  in  so  far  as  is  necessary  or  proper  to 
prevent  or  extinguish  forest,  brush  or  grass  fires  thereon  or  within  such  district,  or 
to  protect  persons  or  property  from  any  injury,  loss  or  damage  resulting  from  any  such 
fire,  and  said  governing  body  having  jurisdiction  and  control  over  such  lands  is  hereby 
authorized  and  empowered,  for  the  consideration  aforesaid,  to  propose  or  promise,  as 
aforesaid,  and  so  obligate  the  state  of  California  or  any  county,  city,  township,  munic- 
ipal corporation,  public  corporation  or  other  political  corporation  or  subdivision  of 
the  state  owning  or  holding  such  lands  respectively,  to  such  district  upon  its  board  of 
trustees  accepting  such  proposal  for  such  purpose,  whereui^on  such  agreement  shall  be 
duly  executed  in  the  form  of  a  contract,  and  such  district  shall  thereupon  take  over 
the  supervision  and  control  of  the  prevention  and  extinguishing  of  forest,  brush  or 
grass  fires  upon  such  lands  in  the  manner  aforesaid  for  the  next  ensuing  fiscal  year, 
or  for  the  life  of  such  contract. 

Annexation  of  territory.  Petition.  Proposition  submitted  to  electors.  If  majority  vote 
favors,  territory  deemed  added.  Exclusion  of  land.  Petition.  Hearing.  Notice. 
When  deemed  excluded. 

§  7.  Any  territory,  incorporated  or  unincorporated,  lying  adjacent  and  contiguous  to 
said  forest  fire  district,  and  within  the  same  coxmty  therewith,  may  be  added  and 
annexed  to  such  district,  at  any  time,  upon  proceedings  being  had  and  taken  as  in  this 
act  provided;  and  any  territory,  incorporated  or  unincorporated,  lying  within  said  dis- 
trict, may  be  withdrawn  and  excluded  therefrom  upon  proceedings  being  had  and  taken 
as  in  this  act  provided.  The  board  of  trustees  of  such  district  upon  receiving  a  written 
petition  containing  a  description  of  the  new  territory  sought  to  be  annexed  to  such 
district,  signed  by  the  owners  comprising  more  than  one-half  of  the  assessed  value  of 
such  territory  as  shown  by  the  last  county  assessment  roll,  must  thereupon  submit  to 
the  electors  of  the  district  and  also  to  the  electors  residing  in  the  territory  sought  to  be 
annexed,  the  proposition  of  whether  such  proposed  territory  shall  be  annexed  and 
added  to  such  district.  The  proposition  to  be  submitted  to  the  electors  at  such  election, 
both  within  said  district  and  within  said  territory  so  proposed  to  be  annexed,  shall  be 
as  follows:  "for  annexation,"  or  "against  annexation,"  or  words  equivalent  thereto. 
Such  election  must  be  called  and  held,  and  notice  thereof  shall  be  published  for  at  least 
four  weeks  prior  to  such  election  in  a  newspaper  printed  and  published  in  such  district, 
and  also  in  a  newsi)aper,  if  any,  printed  and  i:)ublished  in  such  territory  so  proposed 


I 


fgt  F0RE:STRY.  Act  1590,  §  8 

to  be  annexed.  The  board  of  trustees,  shall  canvass,  separately,  the  votes  cast  within 
said  district,  and  the  votes  cast  within  said  territory  so  proposed  to  be  annexed,  and 
if  it  shall  appear  from  such  canvass  that  a  majority  of  all  the  ballots  cast  in  such 
district  and  a  majority  of  all  the  ballots  cast  in  such  territory  so  proposed  to 
be  annexed  are  in  favor  of  annexation,  the  board  of  trustees  shall  certify  such 
fact  to  the  secretary  of  state  describing  said  property  proposed  to  be  annexed 
and  upon  receipt  of  such  last  mentioned  certificate,  the  secretary  of  state  shall 
thereupon  issue  his  certificate  reciting  that  the  territory  (describing  the  same)  has  been 
annexed  and  added  to  the  Tamalpais  forest  fire  district  and  a  copy  of  such  certificate 
of  the  secretary  of  state  shall  be  transmitted  to  and  filed  with  the  county  clerk  of  said 
county  in  which  such  forest  fire  district  is  situated.  From  and  after  the  date  of  such 
cei'tificate  the  territory  named  therein  shall  be  deemed  added  and  annexed  to  and  form 
a  part  of  said  forest  fire  district,  with  all  the  rights,  privileges  and  powers  set  forth 
in  this  act  and  necessarily  incident  thereto.  If  the  property  so  proposed  to  be  annexed 
is  included  within  a  municipality,  consent  to  such  annexation  shall  first  be  obtained 
from  the  governing  board  of  such  municipality,  and  an  authenticated  copy  of  the 
resolution  or  order  of  such  board  so  consenting  to  such  annexation,  shall  be  attached  to 
the  petition,  and  be  made  a  part  thereof.  At  any  time  after  the  organization  of  said 
forest  fire  district,  and  the  appointment  of  the  board  of  trustees  thereof,  the  owner  or 
owners  of  the  record  title  to  any  land  or  lands  within  said  district  may  file  a  petition 
with  the  board  of  supervisors  of  the  county  praying  that  his  or  their  lands  be  excluded 
from  the  district;  provided,  that  no  petition  shall  be  presented  or  received  for  the 
exclusion  of  lands  which,  either  by  themselves,  or  together  with  other  lands  included  in 
the  same  petition,  do  not  lie  adjacent  to  the  exterior  boundaries  of  said  forest  fire 
district.  At  its  first  regular  meeting  after  the  filing  of  such  petition  the  board  of 
supervisors  shall,  by  its  order,  set  said  petition  for  hearing,  which  hearing  shall  not 
be  more  than  forty  days  nor  less  than  ten  days  from  the  date  of  its  said  order. 
Notice  of  such  hearing  shall  be  mailed  to  the  petitioners,  and  to  the  members  of  the 
board  of  trustees  of  the  forest  fire  district  at  least  one  week  before  the  hearing.  At 
such  hearing,  or  at  any  continuation  thereof,  the  board  of  supervisors  shall  hear  and 
determine  the  facts  urged  for  or  against  said  petition,  and  shall  make  a  finding  deter- 
mining whether  or  not  the  said  lands  petitioned  to  be  withdrawn,  or  any  part  thereof, 
shall  be  withdrawn  from  the  district.  In  case  such  finding  shall  be  in  favor  of  exclud- 
ing such  lands,  or  any  portion  thereof  from  the  district,  the  board  of  supervisors  shall 
make  its  order  certifying  such  fact  to  the  secretary  of  state,  describing  said  i^roperty 
proposed  to  be  excluded  by  said  findings,  and  upon  receipt  of  such  last  mentioned  cer- 
tificate, the  secretary  of  state  shall  issue  his  certificate  reciting  that  the  territory 
(describing  the  same)  has  been  excluded  from  the  Tamalpais  forest  fire  district,  and 
a  copy  of  such  certificate  of  the  secretary  of  state  shall  be  transmitted  to  and  filed  with 
the  countj'  clerk  of  the  county  of  Marin.  From  and  after  the  date  of  such  certificate, 
the  territoi-y  described  therein  shall  be  deemed  excluded  from  said  forest  fire  district. 

Dissolution  of  district. 

^  8.  The  district  may  at  any  time  be  dissolved  upon  the  vote  of  two-thirds  of  the 
qualified  electors  thereof,  upon  an  election  called  either  by  its  board  of  trustees  or  by 
petition  signed  by  twenty-five  per  cent  of  the  registered  voters  within  the  district  upon 
the  question  of  dissolution,  and  the  proposition  which  shall  be  submitted  to  the  electors 
at  such  election  shall  be  as  follows:  "Shall  the  district  be  dissolved?"  Such  election 
must  be  called  and  hold;  and  notice  thereof  shall  be  published  for  at  least  four  weeks 
prior  to  such  election  in  a  newspaper  printed  and  published  in  such  district.  If  two- 
thirds  of  the  votes  at  such  election  shall  be  in  favor  of  the  dissolution  of  the  district, 
the  board  of  trustees  shall  certify  such  fact  to  the  secretary  of  state,  and  upon  receipt 
of  such  last  mentioned  certificate,  the  secretary  of  state  shall  thereupon  issue  his  cer- 


Act  1591  GKNKRAL    I. AW -.  TisS 

tificate  reciting  that  said  forest  fire  district  has  been  dissolved,  and  a  copy  of  such 
certificate  of  the  secretary  of  state  shall  be  transmitted  to  and  filed  with  the  county 
clerk  of  said  county  in  which  such  forest  fire  district  is  situated.  From  and  after  the 
date  of  such  certificate  the  district  named  therein  shall  be  deemed  dissolved,  and 
the  property  of  the  district  shall  thereupon  vest  in  the  county  wherein  said  district  is 
situate,  if  the  district  at  the  time  of  its  dissolution  comprises  unincorporated  territory 
alone,  and  if  it  comprises  incorporated  territory  alone,  or  partly  incorporated  and  partly 
unincorporated  territory,  then  in  such  event  its  property  shall  be  ratably  apportioned 
amongst  the  several  municipalities  and  the  county  in  proportion  to  the  assessed  value 
of  the  property  included  within  said  district  as  shown  upon  the  last  county  assessment 
roll;  provided,  however,  that  any  real  property,  easements  or  rights  of  way  belonging 
to  said  district  shall  in  such  event  remain  the  property  of  the  municipality  wherein  the 
same  is  situate,  if  situated  within  incorporated  territory,  othei-wise  the  same  shall 
remain  the  property  of  the  county. 

Publication  of  notices.    Words  defined. 

§  9.  Every  notice  herein  required  to  be  published  may  be  published  in  a  daily  or 
weekly  or  semiweekly  newspaper;  and  if  there  is  no  daily,  or  weekly  or  semi  weekly 
newspaper  published  within  the  district  or  within  a  subdivision  thereof  or  other  terri- 
tory -v^herein  the  same  is  required  to  be  published,  then  such  notice  shall  be  posted  for 
the  length  of  time  herein  required  for  the  publication  of  the  same  in  three  public  places 
of  such  district  or  such  subdivision  thereof  or  such  other  territory  as  the  case  may  be. 
The  term  "municipality,"  as  used  in  this  act,  shall  include  a  city  or  town,  and  shall 
be  understood  and  so  construed  as  to  include,  and  is  hereby  declared  to  include,  all 
corporations  heretofore  organized  and  now  existing,  and  those  hereafter  organized,  for 
municipal  purposes.  The  word  "district"  shall  apply,  unless  otherwise  expressed  or 
used,  to  said  forest  fire  district  formed  under  the  provisions  of  this  act,  and  the  word 
"trustees,"  and  the  words  "board  of  trustees,"  shall  apply  to  the  trustees  and  to  the 
board  of  trustees  of  such  district. 

Provision  optional  and  permissive. 

§  10.  The  provision  herein  contained  for  the  entering  into  proposals  and  contracts 
with  said  forest  fire  district  by  the  state  of  California,  or  any  county,  city,  township, 
municipal  corporation,  public  corporation  or  other  political  corporation  or  subdivision 
of  this  state,  is  hereby  declared  to  be  optional  and  permissive  and  no  further  authority 
of  law  shall  be  required  for  such  proposals  or  contracts  than  that  herein  contained,  and 
no  further  authority  of  law  shall  be  required  than  that  contained  in  this  act  for  the 
levy  of  taxes  by  boards  of  supervisors  for  the  purposes  herein  specified,  and  no  further 
authority  shall  be  required  by  law  for  the  bringing  of  actions  in  eminent  domain,  for 
the  acquiring  by  said  forest  fire  district  of  rights  of  way  for  fire  roads  or  trails,  and 
easements  to  cut  timber,  brush  or  grass  thereon,  and  to  maintain  the  same,  than  the 
authority  contained  in  this  act. 

Constitutionality. 

§  11.  If  any  section,  subsection,  sentence,  clause  or  phrase  of  this  act  is  for  any 
reason  held  to  be  unconstitutional,  such  decision  shall  not  affect  the  validity  of  the 
remaining  portion  of  this  act.  The  legislature  hereby  declares  that  it  would  have  passed 
this  act,  and  each  section,  subsection,  sentence,  clause  and  phrase  thereof,  irrespective 
of  the  fact  that  any  one  or  more  other  sections,  subsections,  sentences,  clauses  or  phrases 
be  declared  unconstitutional. 

PREVENTION  OF  FOREST  FIRES  ON  PUBLIC  LANDS. 
ACT  1591 — An  act  to  prevent  the  destruction  of  forests  by  fire  on  public  lands. 
History:    Approved  February  13,  1872.  Stats.  1871-72,  p.  9G. 


7S9  FOllESTRY.  Acts  1592,  1583,  §§  1, 2 

CoBipnre. — Kerr's    Cyc.    Penal    Code,    §  384,  2.     The  act  Implies  that  one  may  lawfully 

and  Act  152S.  set  a  forest  fire  on  his  own  lands  and  makes 

1.     The  act  relates  to  public  lands,  either  it    a    misdemeanor     to     allow     such     fire     to 

state  or  United  States,  and  relates   to  those  spread,  though  "made  for  a  lawful  purpose." 

who   wilfully   and  deliberately   set  fire,   etc.  — Garnier  V.  Porter,  90  Cal.  105,  27   Pac.  55. 
— Galvin  v.  Gualala  Mill  Co.,   98  Cal.   268,   33 
Pac.  93. 

FIGHTING  FOREST  FIRES  IN  SAN  ANTONIO  CANYON. 

ACT  1592 — An  act  to  provide  for  the  fighting  of  forest  fires  in  the  San  Antonio  canyon 

in  the  San  Gabriel  mountains,  California,  and  to  make  an  appropriation  therefor. 

History:    Approved  June  11,  1915.    In  effect  August  10,  1915.     Stats. 
1915,  p.  1452. 

Appropriation:  fighting  forest  fires. 

$  1.  Out  of  any  money  in  the  state  treasury  not  otherwise  appropriated,  there  is 
hereby  appropriated  annually  the  sum  of  fifteen  hundred  dollars,  during  the  sixty- 
seventh  and  sixty-eighth  fiscal  years,  which  money  shall  be  used  and  expended  for  the 
purpose  of  preventing  and  extinguishing  forest  fires  and  the  constructing  and  main- 
taining of  fire  trails  and  firebreaks  in  the  San  Antonio  canyon  in  the  San  Gabriel 
mountains,  California,  and  the  canyons  adjacent  thereto. 

Certain  contracts  authorized. 

5  2.  The  state  board  of  control  is  hereby  authorized  and  empowered  to  enter  into  a 
contract  or  contracts  with  the  San  Antonio  Fruit  Exchange,  a  corporation  organized 
and  existing  under  and  by  virtue  of  the  laws  of  the  state  of  California,  for  the  purpose 
of  protecting  said  San  Antonio  canyon  from  devastation  by  fire;  provided,  however, 
that  the  expenditures  for  such  purposes  shall  not  be  in  excess  of  the  amount  or  amounts 
expended  by  the  said  San  Antonio  Fruit  Exchange,  the  San  Antonio  Water  Company 
and  the  county  of  San  Bernardino,  in  collaboration  with  the  specific  work  named  above; 
and  provided,  further,  that  in  the  event  that  the  said  San  Antonio  Fruit  Exchange,  the 
San  Antonio  Water  Company  and  the  county  of  San  Bernardino  do  not  contribute  an 
amount  equal  to  the  appropriation  hereby  made  for  the  purposes  hereinbefore  specified, 
the  state  board  of  control  shall  not  have  power  to  enter  into  such  contract  or  contracts 
with  the  said  San  Antonio  Fruit  Exchange  for  the  expenditure  of  the  said  money. 

FIGHTING  FOREST  FIRES  IN  SAN  DIMAS  CANYON. 

ACT  1593 — An  act  to  provide  for  the  fighting  of  forest  fires  in  the  San  Dimas  canyon 

in  the  San  Gabriel  mountains.  California,  and  to  make  an  appropriation  thetefor. 

History:    Approved  May  14,  1917.     In  effect  July  27,  1917.     Stats. 
1917,  p.  476. 

Appropriation:  prevention  of  forest  fires  in  San  Dimas  canyon. 

§  1.  Out  of  any  money  in  the  state  treasury  not  otherwise  appropriated,  there  is 
hereby  appropriated  annually  the  sum  of  eight  hundred  dollars,  during  the  sixty-ninth 
and  seventieth  fiscal  years,  which  money  shall  be  used  and  expended  for  the  purpose 
of  preventing  and  extinguishing  forest  fires  and  the  constructing  and  maintaining  of 
fire  trails  and  firebreaks  in  the  San  Dimas  canyon  in  the  San  Gabriel  mountains,  Cali- 
fornia, and  the  canyons  adjacent  therto. 

Contract  with  San  Dimas  Fruit  Exchange. 

§  2.  The  state  board  of  control  is  hereby  authorized  and  empowered  to  enter  into  a 
contract  or  contracts  with  the  San  Dimas  Fruit  Exchange,  a  coi-poration  organized  and 
existing  under  and  by  virtue  of  the  laws  of  the  state  of  California,  for  the  purpose  of 
protecting  said  San  Dimas  canyon  from  devastation  by  fire;  provided,  however,  that  the 
expenditures  for  such  purposes  shall  not  be  in  excess  of  the  amount  or  amounts 
expended  by  the  said  San  Dimas  Fruit  Exchange;  and  provided,  further,  that  in  the 


Act  1594,  §§  1, 3  GENERAL   LAWS.  TOO 

• 

event  that  the  said  San  Dimas  Fruit  Exchange,  the  San  Antonio  "Water  Company  and 
the  county  of  Los  Angeles  do  not  contribute  an  amount  equal  to  the  appropriation 
hereby  made  for  the  purposes  hereinbefore  specified,  the  state  board  of  control  shall 
not  have  power  to  enter  into  such  contract  or  contracts  with  the  said  San  Dimas  Fruit 
Exchange  for  the  expenditure  of  the  said  money. 

PREVENTION  OF  FOREST  FIRES  IN  SAN  ANTONIO  CANYON. 
ACT  1594 — An  act  to  provide  for  the  prevention  of  forest  fires  in  the  San  Antonio 
canyon  in  the  San  Gabriel  mountains,  CaUfomia,  and  to  make  an  appropriation 
therefor. 

History:  Approved  May  22,  1919.  In  effect  July  22,  1919,  Stats. 
1919,  p.  818.  Prior  act  of  May  14,  1917,  Stats.  1917,  p.  526,  identical  in 
all  respects,  except  as  to  amount  of  appropriation,  with  present  act. 

Appropriation:  prevention  of  forest  fires  in  San  Antonio  canyon. 

^  1,  Out  of  any  money  in  the  state  treasury  not  otherwise  appropriated,  there  is 
hereby  appropriated  the  sum  of  five  thousand  dollars,  during  the  seventj'-first  and 
seventy-second  fiscal  years,  which  money  shall  be  used  and  expended  for  the  pui'pose 
of  preventing  forest  fires,  and  the  construction  and  maintenance  of  fire  trails  and  fire- 
breaks in  the  San  Antonio  canyon  in  the  San  Gabriel  mountains,  California,  and  the 
canyons  adjacent  thereto. 

Contracts  for  purposes  of  protection. 

§  2.  The  state  board  of  control  is  hereby  authorized  and  empowered  to  enter  into  a 
contract  or  contracts  with  the  San  Antonio  Fruit  Exchange,  a  corporation  organized 
and  existing  under  and  by  virtue  of  the  laws  of  the  state  of  California,  for  the  purpose  ■ 
of  protecting  San  Antonio  canyon  from  devastation  by  fire;  provided,  however,  that  the 
expenditures  for  such  purposes  shall  not  be  in  excess  of  the  amount  expended  by  the 
said  San  Antonio  Fruit  Exchange,  the  San  Antonio  Water  Company,  and  the  counties 
of  San  Bernardino  and  Los  Angeles,  in  collaboration  with  the  specific  work  named 
above;  provided,  further,  that  in  the  event  that  the  said  San  Antonio  Fruit  Exchange, 
San  Antonio  Water  Company,  the  county  of  San  Bernardino  or  the  county  of  Los 
Angeles  do  not  contribute  an  amount  equal  to  the  appropriation  hereby  made  for  the 
purposes  hereinbefore  specified,  the  state  board  of  control  shall  not  have  power  to  enter 
into  such  contract  or  contracts  with  the  said  San  Antonio  Fruit  Exchange  for  such 
expenditure  of  said  money, 

rORT  BRAGG. 
See  Act  3094,  note. 

FORT  JONES. 
.   See  Act  3094,  note. 

rORTUNA. 

See  Act  3094,  note. 

rOWLER. 
See  Act  3094,  note. 


701  FRANCHISES.  Act  1600,  g§  1-3 

CHAPTER  123. 

TRANCHISES. 

References:   Franchise  tax,  see  Kerr's  Cyc.  Political  Code,  tits.  "Board  of  Equalization"; 
,    "Taxation." 
Franchises   for    particular    purpose,    see   Kerr's    Cyc.    Civil    Code,    and    Kerr's    Cyc. 

Political  Code,  particular  title. 
Horseless  vehicles,  franchises  for,  see  Keri-'s  Cyc.  Civil  Code,   §  524;   Kerr's  Cyc. 

Political  Code,  §  4047. 
See,  also,  tit.  "Motor  Vehicles,"  Act  3014. 

CONTENTS  OF  CHAPTER. 

ACT  1600.  Cancellation  of  Bonds  to  Secure  Performance  of  Conditions  Of. 

1601.  "Bkoughton  Act." 

1607.  Railroads  to  Parks  Beyond  City  Limits. 

1608.  Resettlement  of  Franchises. 

CANCELLATION  OF  BONDS  TO  SECURE  PERFORMANCE  OF  CONDITIONS  OF. 

ACT  1600 — An  act  providing  for  the  cancellation  of  bonds  given  to  secure  the  perform- 
ance of  the  terms  and  conditions  of  franchises  or  privileges  granted  by  the  legislative 
or  other  governing  body  of  counties  or  municipalities,  the  release  of  the  sureties  on 
such  bonds,  and  the  filing  and  acceptance  of  new  bonds  in  lieu  thereof. 
History:    Approved  March  20,  1907,  Stats.  1907,  p.  747. 

Bonds  to  secure  conditions  of  franchises.    Petition  of  sureties  for  release.    New  bonds, 

conditions  for.     Corporation  as  surety. 

$  1.  That  in  all  cases  where  a  bond  or  bonds  have  been  given  to  secure  the  observ- 
ance, fulfillment  and  performance  of  each  and  every  term  or  condition,  terms  or  condi- 
tions, or  any  thereof,  of  a  franchise  or  privilege  granted  by  a  board  of  supervisors, 
board  of  trustees  or  common  council,  or  other  governing  or  legislative  body  of  any 
county,  city  and  county,  city  or  town  within  this  state,  the  governing  or  legislative  body 
of  such  county,  city  and  county,  city  or  town  may,  upon  the  petition  of  the  owner  of 
said  franchise  or  privilege,  or  upon  the  petition  of  the  sureties  on  said  bond  or  bonds, 
or  upon  the  petition  of  any  one  or  more  of  said  sureties  cancel  and  annul  said  bond  or 
bonds,  and  release  the  sureties  thereon  from  any  future  liability,  and  accept  and  take  in 
lieu  thereof  a  new  bond  or  bonds  to  be  ajiproved  by  the  governing  or  legislative  body  of 
such  county,  city  and  count}',  city  or  town,  in  the  same  penal  sum  and  containing  the 
same  terms  and  conditions  as  the  bond  or  bonds  so  canceled  and  annulled;  which  new 
bond  or  bonds  must  be  executed  by  the  owner  of  said  franchise  or  privilege  and  by 
new  sureties  satisfactory  to  the  governing  or  legislative  body  of  such  county,  city  and 
county,  city  or  town;  provided,  that  any  person,  firm  or  corporation  who  acted  as  surety 
on  the  old  bond  or  bonds  so  canceled  and  annulled  may  act  as  surety  on  the  new  bond 
or  bonds,  if  the  same  be  satisfactory  to  the  governing  or  legislative  body  of  such  county, 
city  and  county,  city  or  town. 

When  old  bond  shall  become  annulled. 

^  2,  Immediately  upon  the  acceptance  by  the  governing  or  legislative  body  of  such 
county,  city  and  county,  city  or  town  of  any  new  bond  or  bonds,  filed  with  the  govern- 
ing or  legislative  body  of  such  county,  city  and  county,  city  or  town  as  herein  provided 
for,  the  old  bond  or  bonds  shall  become  canceled  and  annulled,  and  the  sureties  thereon 
shall  by  such  cancellation  and  annulment  be  released  from  any  future  liability  on  such 
old  bond  or  bonds,  but  such  cancellation  and  annulment  shall  not  release  said  sureties 
fro'm  any  past  liability;  and  thereafter  the  new  bond  or  bonds,  herein  provided  for, 
shall  lake  the  place  of  such  old  bond  or  bonds. 

§  3.     This  act  shall  take  effect  immcdialelv. 


/kc-t  1601,  89  1-3  GENERAL   LAWS.  fOa 

"BROUGHTON  ACT." 
ACT  1601 — An  act  providing  for  the  sale  of  street  railroad  and  other  franchises  in 
counties  and  municipalities,  and  providing  conditions  for  the  granting  of  such  fran- 
chises by  legislative  or  other  governing  bodies,  and  repealing  conflicting  acts. 

History:  Approved  March  22,  1905,  Stata.  1905,  p.  777.  Amended 
March  3,  1909,  Stats.  1909,  p.  125;  June  8,  1915.  In  effect  August  8, 
1915.  Stats.  1915.  p.  1300.  Prior  acts:  Act  of  March  23,  1893,  Stats. 
1893,  p.  288.  Amended  March  19,  1897,  Stats.  1897,  p.  176.  Act  ot 
March  13,  1897,  Stats.  1897,  p.  135.  Act  of  March  11,  1901,  Stats.  1901, 
p.  265.  Amended  March  6,  1903,  Stats.  1903,  p.  90.  Act  of  February 
24,  1893,  Stats.  1893,  p.  29.  The  act  of  1893  was  probably  superseded 
by  the  act  of  1897,  although  it  was  amended  six  days  after  the  enact- 
ment of  the  latter.  The  act  of  1897  was  also  probably  superseded  by 
the  act  of  1901.  The  latter  act  was  probably  superseded  by  the 
present,  the  "Broughton  Act."  The  act  of  February  24,  1893,  was  an 
act  limiting  the  time  for  granting  franchises.  The  code  commissioner 
says  it  was  superseded  by  the  act  of  1901.  In  any  event  it  can  not  be 
doubted  that  the  entire  mass  of  legislation  has  finally  crystalized  In 
the  present  act. 

Street  franchises  granted  on  condition. 

$  1.  Every  franchise  or  privilege  to  erect  or  lay  telegi-aph  or  telephone  wires,  to 
construct  or  operate  street  or  interurban  railroads  upon  any  public  street  or  highway, 
to  lay  gas  pipes  for  the  purpose  of  carrying  gas  for  light,  heat  or  power,  to  erect  poles 
or  wires  for  transmitting  electricity  for  light,  heat  or  power,  along  or  upon  any  public 
street  or  highway,  or  to  exercise  any  other  privilege  whatever  hereafter  proposed  to  be 
granted  by  boards  of  supervisors,  boards  of  trustees  or  common  councils,  or  other  gov- 
erning or  legislative  bodies  of  any  county,  city  and  county,  city  or  town  within  this 
state,  except  steam  railroads  and  except  telegraph  or  telephone  lines  doing  an  interstate 
business,  and  renewals  of  franchises  for  piers,  chutes  or  wharves,  shall  be  granted  upon 
the  conditions  in  this  act  provided,  and  not  otherwise.  The  grantor  may,  however,  in 
such  franchise  impose  such  other  and  additional  terms  and  conditions  not  in  conflict 
herewith,  whether  governmental  or  contractual  in  character,  as  in  the  judgment  of  the 
legislative  body  thereof  are  to  the  public  interest.  [Amendment  of  June  8,  1915.  In 
effect  August  8,  1915.    Stats.  1915,  p.  1300.] 

Franchise,  advertisement  of  application  for. 

^  2.  An  applicant  for  any  franchise  or  privilege  above  mentioned  shall  file  with  the 
governing  or  legislative  body  of  the  county  or  municipality  an  application,  and  there- 
upon said  governing  body  shall,  in  its  discretion,  advertise  the  fact  of  said  application, 
together  with  a  statement  that  it  is  proposed  to  grant  the  same,  in  one  or  more  news- 
papers of  the  county,  city  and  county,  city  or  town  wherein  the  said  franchise  or  privi- 
lege is  to  be  exercised.  Said  advertisement  must  state  that  bids  will  be  received  f<^^ 
such  franchise,  and  that  it  will  be  awarded  to  the  highest  bidder,  and  the  same  must 
be  published  in  such  newspaper  once  a  day  for  ten  successive  days,  or  as  often  during 
said  period  as  said  paper  is  published,  if  it  be  a  daily  newspaper,  and  if  there  be  no 
daily  newspaper  published  in  such  county,  city  and  county,  city  or  town,  then  it  shall 
be  published  in  a  weekly  newspaper  once  a  week  for  four  successive  weeks,  and  in 
either  case  the  full  publication  must  be  completed  not  less  than  twenty  nor  more  than 
thirty  days  before  any  further  action  can  be  taken  thereon.  [Amendment  approved 
March  3,  1909.    Stats.  1909,  p.  125.] 

Publication  must  state  character  of  and  term  for  which  it  is  granted.    Percentage  paid 

when.    Forfeited  when. 

§  3.  The  publication  must  state  the  character  of  the  franchise  or  privilege  proposed 
to  be  granted,  the  term  for  which  it  is  granted,  and,  if  it  be  a  street  railroad,  the  route 
to  be  traversed  J  that  sealed  bids  therefor  will  be  received  up  to  a  certain  hour  and  day 


793  FRANCHISES.  Act  1601,  §§  4,  5 

named  llierein,  and  that  the  successful  bidder  and  his  assigns  must,  during  the  life  of 
said  franchise,  paj'  to  the  county  or  municipalit}'  two  per  cent  (2%)  of  the  gross  annual 
receipts  of  the  person,  partnership  or  corporation  to  whom  the  franchise  is  awarded, 
arising  from  its  use,  operation  or  possession.  No  percentage  shall  be  paid  for  the  first 
[five]  (5)  years  succeeding  the  date  of  the  franchise,  but  thereafter  such  percentage 
shall  be  payable  annually;  and  in  the  event  said  payment  is  not  made,  said  franchise 
shall  be  forfeited;  provided,  further,  that  if  the  franchise  be  a  renewal  of  a  right 
already  in  existence,  the  payment  of  said  percentage  of  gross  receipts  shall  begin  at 
once. 

When  an  extension  granted. 

§  4.  In  case  the  franchise  granted  shall  be  an  extension  of  an  existing  system  of 
street  railroad,  then  the  gross  receipts  shall  be  estimated  to  be  one-half  of  the  propor- 
tion of  the  total  gross  receipts  of  said  system  which  the  mileage  of  such  extension  bears 
to  the  total  mileage  of  the  whole  system,  and  said  estimate  shall  be  conclusive  as  to 
the  amount  of  the  gross  receipts  of  said  extension. 

Sold  to  highest  bidder.    Highest  bid  may  be  increased.     Check  and  deposit.     Deposit 

of  balance.    Readvortised,  when. 

§  5.  Said  advertisement  shall  also  contain  a  statement  that  the  said  franchise  will 
be  struck  off,  sold  and  awarded  to  the  person,  firm  or  corporation  who  shall  make  the 
highest  cash  bid  therefor;  provided,  only,  that  at  the  time  of  the  opening  of  said  bids 
any  responsible  person,  firm  or  corporation  present  or  represented  may  bid  for  said 
franchise  or  privilege,  a  sura  not  less  than  ten  per  cent  above  the  highest  sealed  bid 
therefor,  and  said  bid  so  made  may  be  raised  not  less  than  ten  per  cent  by  any  other 
responsible  bidder,  and  said  bidding  may  so  continue  until  finally  said  franchise  shall 
be  struck  off,  sold,  and  awarded  by  said  governing  body  to  the  highest  bidder  therefor 
in  gold  coin  of  the  United  States.  Each  sealed  bid  shall  be  accompanied  with  cash  or 
a  certified  check,  payable  to  the  treasurer  of  such  county  or  municipality,  for  the  full 
amount  of  said  bid,  and  no  sealed  bid  shall  be  considered  unless  said  cash  or  check  is 
enclosed  therewith  and  the  successful  bidder  shall  dej^osit,  at  least  ten  per  cent  of  the 
amount  of  his  bid  with  the  clerk  of  such  county  or  municipality  before  the  franchise 
shall  be  struck  off  to  him.  And  if  he  shall  fail  to  make  such  deposit  immediately,  then 
and  in  that  case,  his  bid  shall  not  be  received,  and  shall  be  considered  as  void,  and  the 
said  franchise  shall  then  and  there  be  again  offered  for  sale  to  the  bidder  who  shall 
make  the  highest  cash  bid  therefor,  subject  to  the  same  conditions  as  to  deposit,  as 
above  mentioned.  Said  procedure  shall  be  had  until  said  franchise  is  struck  off,  sold, 
and  awarded  to  a  bidder  who  shall  make  the  necessary  deposit  of  at  least  ten  per  cent 
of  the  amount  of  his  bid  therefor,  as  herein  provided.  Said  successful  bidder  shall 
deposit  with  the  clerk  of  such  county  or  municipality,  within  twenty-four  hours  of  the 
acceptance  of  his  bid,  the  remaining  ninety  per  cent  of  the  amount  thereof,  and  in  case 
he  or  it  shall  fail  to  do  so,  then  the  said  deposit  theretofore  made,  shall  be  forfeited, 
and  the  said  award  of  said  franchise  shall  be  void,  and  the  said  franchise  shall  then 
and  there,  by  said  governing  body,  be  again  offered  for  sale  to  the  highest  bidder  there- 
for, in  the  same  manner,  and  under  the  same  restriction  as  hereinbefore  provided,  and 
in  case  said  bidder  shall  fail  to  deposit  with  the  clerk  of  such  county  or  municipality, 
the  remaining  ninety  per  cent  of  his  bid,  within  twenty-four  hours  after  its  aecejitance, 
the  award  to  him  of  said  franchise  shall  be  set  aside,  and  the  deposit  theretofore  made 
by  him  shall  be  forfeited,  and  no  further  proceedings  for  a  sale  of  said  franchise  shall 
be  had  unless  the  same  shall  be  rcadvertised  and  again  offered  for  sale,  in  the  manner 
hereinbefore  provided. 


Act  1601,  §g  6-10  GENERAL.   L,A^V8.  794 

Commencement  of  work.     Franchise  forfeited. 

$  6.  Work  to  erect  or  lay  telegraph  or  telei^hone  wires,  to  construct  street  or  inter- 
urban  railroads,  to  lay  gas  pipes  for  the  purpose  of  carrying  gas  for  light,  heat  or 
power,  to  erect  poles  or  wires  for  transmitting  electricity  for  light,  heat  or  power  along 
or  upon  any  public  street  or  highway,  or  to  exercise  any  other  privilege  whatever, 
a  franchise  for  which  shall  have  been  granted  in  accordance  with  the  terms  of  this 
act,  shall  be  commenced  in  good  faith  within  not  more  than  four  months  from  the 
granting  of  any  such  franchise,  and  if  not  so  commenced  within  said  time  said  franchise 
so  granted  shall  be  declared  forfeited,  and  work  to  construct  street  or  interurban 
railroads  under  any  such  franchise  shall  be  completed  within  not  more  than  three  years 
from  the  granting  of  such  franchise,  and  if  not  so  completed  within  said  time  such 
franchise  so  granted  shall  be  forfeited;  provided,  that  for  good  cause  shown,  the 
governing  or  legislative  body  may  by  resolution  extend,  the  time  for  completion  thereof, 
not  exceeding  three  months.  Work  under  any  franchise  other  than  for  a  street  or 
interurban  railroad  shall  be  prosecuted  diligently  and  in  good  faith  so  as  to  meet  and 
till  the  reasonable  needs  of  the  inhabitants  of  the  territory  for  the  service  of  which  the 
franchise  is  granted.  [Amendment  of  June  8,  1915.  In  effect  August  8,  1915.  Stats. 
1915,  p.  1301.] 

Bond  of  successful  bidder.    When  and  where  filed.    Failure  to  file. 

§  7.  The  successful  bidder  for  any  franchise  or  privilege  struck  off,  sold,  and 
awarded  under  this  act  shall  file  a  bond  running  to  said  county,  city  and  county,  or 
city  or  town,  with,  at  least,  two  good  and  sufficient  sureties,  to  be  approved  by  such 
governing  bodj',  in  a  penal  sum  by  it  to  be  prescribed,  and  set  forth  in  the  advertise- 
ment for  bids,  conditioned  that  such  bidder  shall  well  and  truly  observe,  fulfill  and 
perform  each  and  every  term  and  condition  of  such  franchise,  and  that  in  case  of  any 
breach  of  condition  of  such  bond,  the  whole  amount  of  the  penal  sum  therein  named 
shall  be  taken  and  deemed  to  be  liquidated  damages,  and  shall  be  recoverable  from 
the  principal  and  sureties  upon  said  bond.  Said  bond  shall  be  filed  with  such  gov- 
erning body  within  five  days  after  such  franchise  is  awarded,  and  upon  the  filing  and 
approval  of  such  bond,  the  said  franchise  shall,  by  said  governing  or  legislative  body, 
be  granted  by  ordinance  to  the  person,  firm  or  corporation  to  whom  it  has  been  struck 
off,  sold,  or  awarded,  and  in  case  that  said  bond  shall  not  be  so  filed,  the  award  of 
such  franchise  shall  be  set  aside,  and  any  money  paid  therefor  shall  be  forfeited, 
and  said  franchise  shall,  in  the  discretion  of  said  governing  or  legislative  body,  be 
readvertised,  and  again  offered  for  sale  in  the  same  manner,  and  under  the  same 
restrictions,  as  hereinbefore  provided. 

Duty  of  attorney  general. 

§  8.  It  shall  be  the  duty  of  the  attorney  general,  upon  the  complaint  of  any  county 
or  municipality,  or,  in  his  discretion,  upon  the  complaint  of  any  taxpayer,  to  sue  for 
the  forfeiture  of  any  franchise  jranted  under  the  terms  of  this  act,  for  the  noncompli- 
ance with  any  condition  thCiOof. 

Certain  clauses  and  conditions  to  be  omitted. 

§  9.  No  clause  or  condition  of  any  kind  shall  be  inserted  in  any  franchise  or  grant 
offered  or  sold  under  the  terms  of  this  act,  which  shall  directly  or  indirectly  restrict 
free  and  open  competition  in  bidding  therefor,  and  no  clause  or  provision  shall  be 
inserted  in  any  franchise  offered  for  sale,  which  shall  in  any  wise  favor  one  person, 
firm  or  corporation,  as  against  another,  in  bidding  for  the  purchase  thereof. 

Violation  of  act  hy  members  of  governing  body. 

§  10.  Any  member  of  any  common  council  or  other  governing  or  legislative  body 
of  any  couutj-^,  city  and  county,  city  or  town  of  this  state,  who,  by  his  vote,  violates 


i 


703 


FRANCHISES. 


Act  1601,  §  11 


or  attempts  to  violate  the  provisions  of  this  act,  or  any  of  them,  shall  be  guilty  of  a 
misdemeanor,  and  may  be  punished  therefor,  as  provided  by  law,  and  may  be  deprived 
of  his  oflSce  by  the  decree  of  a  court  of  competent  jurisdiction,  after  trial  and  conviction. 

Conflicting  acts  repealed.     Certain  acts  not  repealed. 

$11.  All  acts  or  parts  of  acts  in  conflict  herewith  are  hereby  repealed;  provided, 
however,  that  nothing  herein  contained  shall  be  construed  as  repealing,  or  amending 
the  following  acts,  to  wit:  "An  act  relating  to  the  granting  by  the  counties  and  munici- 
palities of  franchise  for  the  construction  of  paths  and  roads  for  the  use  of  bicycles  and 
other  horseless  vehicles,"  approved  March  twenty-seventh,  eighteen  hundred  and 
ninety-seven;  "An  act  to  authorize  cities  and  towns  to  grant  franchises  for  the  con- 
struction and  maintenance  of  railroads  beyond  the  limits  of  such  cities  and  towns  lead- 
ing to  public  parks  owned  thereby,"  being  chapter  forty  of  the  laws  of  eighteen 
hundred  and  ninety-seven  of  the  state  of  California. 

This  act  shall  take  effect  immediately. 

The  amending  act  of  1915  contained  the  following  section: 

^  3.  Nothing  in  this  act  contained  shall  affect  any  franchise  or  the  conditions 
thereof  heretofore  granted  under  the  terms  of  the  act  of  which  this  is  amendatory. 


1.  The  code  commissioneTs  say  of  the  act 

of  1901:  "Repealed  and  superseded  by  1905, 
pp.  777,  780. — See  City  of  Los  Angeles  v. 
Davidson,  32  Cal.  Dec."  [150  Cal.  59,  88 
Pac.   42]. 

2.  Act  of  1897  superseded. — The  act  of 
1897  superseded  the  act  of  1893. — Horton  v. 
Los  Angreles,  119  Cal.  602,  52  Pac.   956. 

3.  Act  of  1S93  not  repealed  by  county 
government  act. — The  act  of  1893  was  not 
repealed  by  subdivision  40  of  section  25  of 
the  county  government  act,  which  went  into 
effect  the  day  after,  as  to  granting  of  fran- 
chises by  the  boards  of  supervisors  of 
counties. — Thompson  v.  Board  of  Supervi- 
sors,  111   Cal.   553,    44    Pac.   230. 

4.  Section  536,  Civil  Code,  repealed  by  act 
of  1895. — The  act  of  1905  (franchise  act)  re- 
peals by  necessary  implication  section  536, 
Civil  Code,  so  far  as  the  franchises  of  tele- 
graph and  telephone  companies  are  con- 
cerned.— Sunset,  etc.,  Co.  v.  City  of  Pomona, 
164  Cal.   561. 

4a.  Same. — The  franchise  act  had  the 
effect  of  repealing  section  536,  Civil  Code, 
except  as  to  telegraph  and  telephone  lines 
doing  an  interstate  business  and  where  a 
telephone  company  had  not  taken  advan- 
tage of  the  grant  under  that  section  prior 
to  the  passage  of  the  act,  it  had  no  right, 
by  virtue  of  said  section,  to  maintain  poles 
and  wires  in  the  streets  of  a  city  of  the 
fifth  class  except  upon  the  conditions  and 
subject  to  the  regulations  prescribed  by 
the  municipality. — Pomona  v.  Sunset,  etc., 
Co..  224  U.  S.  330,  56  L.  ed.  788.  32  Sup.  Ct. 
477. 

5.  Proceeding's  functus  officio  when  act 
repealed. — Proceedings  taken  under  the  act 
of  1893  after  that  act  was  superseded  by  the 
act  of  1897,  would  become  functus  officio 
when  the  last-named  act  went  Into  effect, 
and  could  not  be  completed  under  the  new 
act. — Horton  v.  Los  Angeles,  119  Cal.  602, 
62   Pac.    95R. 

C.      CoiisUliiliunalii} — THlc. — The    title    of 


the  act  of  1893  is  sufficiently  broad  to  In- 
clude the  subject  matter  of  the  issuance 
and  sale  of  franchises  by  the  boards  of  su- 
pervisors of  counties,  notwithstanding  coun- 
ties are  not,  strictly  speaking,  municipal- 
ities.— Thompson  v.  Board  of  Supervisors, 
111  Cal.  553,  44  Pac.   230. 

7.  Same — Act  of  1897 — Clause  as  to  ex- 
clusiveness  of  franchise. — The  fact  that  the 
grant  of  a  franchise  under  the  act  of  1897 
to  supply  a  municipality  with  water,  con- 
tained a  clause  to  the  effect  that  it  was  not 
to  be  construed  as  an  exclusive  franchise, 
does  not  prevent  such  a  grant  from  being 
invalid  for  the  reason  of  the  unconstitu- 
tionality of  the  act  as  an  attempt  to  modify 
the  provisions  of  section  19,  article  XI,  of 
the  constitution. — Town  of  St.  Helena  v. 
Ewer,  26  Cal.  App.   191,  146   Pac.   191. 

See  Clark  v.  Los  Angeles,  160  Cal.  31,  116 
Pac.   722. 

8.  Same — Same — Franchises  for  light  and 
v»-ater. — So  far  as  the  grant  of  franchises 
for  light  or  water  was  concerned  the  act  of 
1897  was  unconstitutional,  as  a  modification 
of  the  provisions  of  section  19,  article  XI 
of  the  constitution. — Pereiria  v.  Wallace, 
129  Cal.  397,  62  Pac.  61;  Town  of  St.  Helena 
v.   Ewer,  26  Cal.  App.    191,   146   Pac.   191. 

See,  also.  In  re  Johnston,  137  Cal.  115,  69 
Pac.  973;  In  re  Russell,  163  Cal.  668,  Ann 
Cas.    1914A,   152,   126   Pac.    875. 

9.  Same — Same — Constitutional  provision 
ninndntory. — The  provisions  of  section  19, 
article  XI,  of  the  constitution,  are  manda- 
tory and  prohibitory  and  exclude  the  right 
of  the  municipality  to  award  the  privileges 
referred  to  in  the  act  of  1897,  and  said  act 
is  unconstitutional. — Pereiria  v.  Wallace, 
129  Cal.   397,   62  Pac.   61. 

10.  Same — l^se  of  prns  for  illumination 
l»ut  not  for  heating,  under  constitutional  re- 
striction.— While  the  same  gas  may  be  used 
through  the  same  mains  and  lat<^rals.  the 
use  thereof  for  heating  is  a  different  and 
distinct    use    from    its    use    for    illumination, 


Act  lOUl 


GENKRAI.   LAWS. 


7M 


and  section  19,  article  XI.  of  the  constitu- 
tion, protects  only  the  latter  use. — City  of 
llanford  V.  llunford.  etc.,  Co.,  169  Cal.  749, 
750,  L.  R.  A.   1915E.   165,  147   Pac.   969. 

11,  Same — Kleotric  polos  and  wires. — An 
ordinance  of  a  municipality  granting  a 
franchise  to  erect  and  maintain  poles  and 
wires  in  the  public  streets  of  such  city  for 
the  distribution  of  electric  light  and  power 
throughout  such  city  is,  in  view  of  section 
19,  article  XI,  of  the  constitution,  Inopera- 
tive as  to  the  distribution  of  electricity  for 
lighting  purposes,  but  valid  as  to  power. — 
Suisun  City  v.  Pacific,  etc.,  Co.,  35  Cal.  App. 
380,  170  Pac.  1078. 

lln.  Same — Same. — An  ordinance  of  Los 
Angeles,  fixing  the  telephone  rates  to  be 
charged  by  a  telephone  company,  was  held 
not  unconstitutional. — Home,  etc.,  Co.  v. 
Los  Angeles,  211  U.  S.  265,  53  L.  ed.  176,  29 
Sup.   Ct.   Rep.   50. 

12.  Some — Federal  court  bound  by  state 
deoiNion. — The  rule  that  the  federal  courts 
are  bound  by  the  construction  given  a  state 
statute  by  the  highest  court  of  the  state, 
has  no  application  where  a  federal  question 
is  involved,  as  where  the  statute  impairs 
the  obligations  of  contracts. — Sunset,  etc., 
Co.  v.  City  of  Pomona,  164  Cal.  561. 

1.1.  Powers  of  local  body — Street  railroad 
franchise  can  not  extend  l»eyond  city  limits. 
— A  franchise  for  a  street  railroad  can  only 
be  obtained  through  the  action  of  the  coun- 
cil or  governing  body  of  the  municipality, 
and  can  not  extend  beyond  the  city  limits, 
and  gives  no  authority  for  the  operation  of 
such  a  railroad  in  more  than  one  county. — 
San  Francisco,  etc.,  Co.  v.  Scott,  142  Cal. 
222,   75    Pac.   575. 

See,  also,  Huntington  v.  Curry,  14  Cal. 
App.  468,  112  Pac.  583. 

14.  Same — Same  —  Carriage  of  freight, 
mail  and  express. — Under  the  Broughton 
act  a  municipality  may  grant  a  franchise 
for  a  street  railway  to  carry  passengers, 
freight,  mail  and  express. — Albany  v.  United 
States,  etc.,  Co.,  38  Cal.  App.  466,  176  Pac. 
705. 

]r».  Same — Same — Same — Citizen  or  resi- 
dent only  can  ol>jcct  to  grant. — Only  a  citi- 
zen or  resident  or  property  owner  of  the 
city  of  Albany  can  raise  the  question  of  the 
right  of  a  street  railway  to  carry  freight, 
express  and  mail  in  conjunction  with  pas- 
senger service  therein. — Albany  v.  United 
States,  etc.,  Co.,  38  Cal.  App.  466,  176  Pac. 
705. 

15a.  Same — Street  railTvny  franchise- 
Fixing  rates. — The  city  of  Los  Angeles,  by 
an  ordinance,  had  the  power  to  grant  a 
franchise  for  a  period  of  fifty  years,  under 
the  authority  of  the  Broughton  act,  and  by 
granting  such  franchise  it  did  not  sur- 
render its  right  to  fix  fares. — Home,  etc., 
Co.  V.  Los  Angeles,  155  Fed.  554,  211  U.  S. 
265.    53   L.    ed.   176,    29    Sup.   Ct.    Rep.    50. 

Ifi.  Same— Same — Special  terms  and  regu- 
lation.** may  lie  provided. — The  city  of  Al- 
bany in  granting  a  franchise  for  a  street 
railway  under  the  Broughton  act,  was  em- 
powered to  provide  special  terms  and  regu- 
lations  for   its    construction    and   operation. 


— Albany  v.  United  States,  etc.,  Co.,  88  Cal. 
App.    466,    176    Pac.    705. 

17.  Same — Same — Scope  and  etTect  of 
grant. — .\t  the  Instant  of  the  grant  under 
the  Broughton  act  of  a  franchise  for  a 
street  railway  by  the  city  of  Albany  to 
E.  A.  Gowe,  his  heirs,  successors  and  as- 
signs, the  franchise  became  an  irrevocable 
contract,  and  the  property  of  Gowe,  of 
which  he  could  not  be  divested,  for  the 
period  of  four  months,  during  which  time 
he  was  to  commence  work,  and  by  his 
activity  In  commencing  work  within  that 
period,  he  made  a  forfeiture  at  the  end  of 
four  months  an  impossibility,  and  secured 
to  himself,  his  heirs,  successors  and  as- 
signs, the  absolute  right  to  a  tnne  limit 
of  tliree  years  from  the  date  of  the  grant 
to  complete  work. — Albany  v.  United  States, 
etc.,   Co.,   38   Cal.   App.   466,   176   Pac.   705. 

IS.  Same — Same — Same. — The  rights  of 
Gowe  vested  in  his  heirs  and  his  estate, 
upon  his  death,  without  completing  the 
work,  and  the  work  could  have  been  com- 
pleted by  them,  or  by  his  legal  represen- 
tatives or  bondsmen,  and  when  they  did 
not  do  so,  and  elected  not  to  do  so,  they  are 
bound  by  that  election,  and  the  franchise 
was  lost  to  them,  but  the  liability  on  the 
bond  remains  for  the  benefit  of  the  city  of 
Albany  as  compensation  for  the  damage  it 
has  suffered. — Albany  v.  United  States,  etc., 
Co.,   38  Cal.  App.  466,  176  Pac.  705. 

ISa.  Same — Street  railway  franchise — 
Resale. — A  street  railway  franchise  can  be 
sold  under  the  provisions  of  the  act  of 
March  11,  1901,  only  in  the  event  the  high- 
est bidder  fails  to  file  the  bond  required 
under  the  act,  and  an  order  of  the  council 
purporting  to  make  such  a  sale  is  invalid, 
confers  no  contract  rights,  and  such  order 
does  not  impair  the  obligation  of  any  con- 
tract within  the  meaning  of  the  contract 
clause  of  the  federal  constitution. — Pacific 
Electric  Ry.  Co.  v.  Los  Angeles,  194  U.  S. 
112,   48   L.   ed.   896,   24   Sup.   Ct.   Rep.   586. 

ISb.  Same  —  Same — Same. — The  Brough- 
ton act  contemplates  that  the  competitive 
bidding  should  take  place  when  the  bids 
were  opened  and  before  the  franchise  was 
"struck  off  and  sold,"  and  the  power  of  the 
Los  Angeles  city  council  was  limited,  In  a 
case  where  the  highest  bidder  failed  to  de- 
posit the  amount  required  by  his  bid,  to 
granting  or  refusing  the  franchise  to  the 
next  highest  bidder,  and  the  acceptance  of 
an  oral  bid  thereafter  was  ultra  vires  and 
created  no  valid  contract. — Pacific  Electric 
Co.  v.  Los  Angeles,  118  Fed.  746,  194  U.  S. 
112,  48  L.  ed.   896,  24  Sup.  Ct.  Rep.   586. 

19.  Same  —  Di.sposal  of  garbage.  —  The 
board  of  supervisors  of  the  city  and  county 
of  San  Francisco  are  authorized  to  provide 
for  the  removal  and  disposition  of  garbage 
and  other  materials  which  are  or  may  be- 
come nuisances,  and  they  may  do  so  by  a 
contract  giving  a  single  person  the  sole 
and  exclusive  privilege  for  a  term  of  years 
of  collecting  and  cremating  such  garbage. 
— Sanitary,  etc..  Works  v.  California,  etc., 
Co..   94   F.  693. 

10a.      Same — Same. — The      act       (1893-288) 


i 


TOT 


FRANCHISES. 


Act  1601 


shows  that  the  leg-lslature  Intended  that  It 
should  embrace  privileges  as  well  as  fran- 
chises and  under  its  authority  the  board  of 
supervisors  of  San  Francisco  had  power  to 
enter  into  a  contract  giving  to  a  single 
company  the  privilege  for  fifty  years  of 
collecting  the  garbage  and  refuse  of  the 
city,  and  disposing  of  it. — California,  etc., 
Co.  V.  Sanitary,  etc..  Works,  199  U.  S.  30G, 
50  L.   ed.  204,   26  Sup.  Ct.  Rep.   100. 

10b.  Same — Gas  -works  permit — Arbitrary 
restrictions — Void  or<linance. — Where  a  per- 
mit was  granted  under  an  ordinance  fixing 
the  limits  within  which  gas  works  might 
be  maintained,  a  second  ordinance  passed 
two  months  after  the  passage  of  the  first 
ordinance,  and  after  gas  works  were  in 
course  of  erection  under  the  permit,  was 
held  to  be  an  arbitrary  and  discriminatory 
exercise  of  the  police  power,  amounting  to 
the  taking  of  property  without  due  process 
of  law,  and  an  impairment  of  property 
rights  protected  by  the  fourteenth  amend- 
ment to  the  federal  constitution. — Dobbins 
V.  Los  Angeles,  195  U.  S.  223,  49  L.  ed.  169, 
25  Sup.    Ct.   Rep.   18. 

20.  Purpose  of  act. — The  only  purpose  of 
the  act  was  to  prevent  the  granting  of  the 
franchise  in  any  other  manner  than  that 
prescribed. — McGinnis  v.  Mayor,  etc.,  153 
Cal.   711,   96   Pac.    367. 

20a.  Same. — Where  an  act  provides  that 
franchises  granted  by  a  municipality  "shall 
be  granted  upon  the  conditions  in  this  act 
provided,  and  not  otherwise,"  it  becomes 
imperative  that  the  requirements  of  the  act 
should  be  strictly  complied  with,  both  as  to 
terms  and  the  time  and  manner  of  pro- 
cedure.— Pacific  Electric  Co.  v.  Los  Angeles, 
118  Fed.  746.  194  U.  S.  112,  48  L.  ed.  896,  24 
Sup.  Ct.  Rep.   586. 

21.  Same. — The  sole  purpose  of  the  act 
is  to  prescribe  the  method  and  conditions 
upon  which  the  franchises  included  within 
its  terms  might  be  granted  by  the  legisla- 
tive body  authorized  to  make  the  grant. — 
Sunset,  etc.,  Co.  v.  Pasadena,  161  Cal.  265, 
118  Pac.  796. 

22.  Effect  of  act. — The  Broughton  act 
merely  places  restrictions  upon  the  grant- 
ing of  franchises  where  the  power  to  grant 
r.'anchises  exists  otherwise. — Oro  Electric 
Corp.  V.  Railroad  Commission,  169  Cal.  466, 
482,   147   Pac.  118. 

23.  Ornut  rests  In  discretion  of  board. — 
The  act  vests  the  governing  or  other  legis- 
lative body  of  the  county,  city  and  county, 
city,  or  town,  with  the  sole  power  to  deter- 
mine, In  the  exercise  of  its  discretion, 
whether  the  franchise  should  be  granted  at 
all,  and  It  Is  not  compelled  to  take  any 
step  in  the  direction  of  granting  it,  and 
m.ay  advertise  or  not  "in  its  discretion." — 
McGinnis  v.  Mayor,  etc.,  153  Cal.  711,  96 
Pac.  367. 

24.  Action  of  board  leg-islative. — The  ac- 
tion of  the  board  in  granting  a  franchise 
under  the  act  of  1893  is  purely  legislative, 
not  judicial,  or  quasi-judicial,  and  can  not 
be  reviewed  on  certiorari. — People  ex  rel. 
Dean  v.  Board  of  Supervisors,  122  Cal.  421, 
55   Pac.   131. 


25.     Act     applied — Pi^'ilege     for    disposal 

of  g-arbag-e. — The  provisions  of  the  act  are 
applicable  to  the  sale  of  a  franchise  to 
cremate  and  reduce  the  garbage  of  the 
city  of  San  Francisco. — Sanitary,  etc.. 
Works  v.  California,  etc.,  Co.,  94  Fed.  693. 
2G.  Same — Ferry. — The  act  of  1893  does 
not  apply  to  the  grant  of  a  franchise  for  a 
ferry  over  a  river  between  two  counties. — 
Pool   V.   Simmons,    134  Cal.    621,    66    Pac.   821. 

27.  Snme — ^Vbarf. — The  act  of  1893  au- 
tliorizes  the  granting  of  a  franchise  to  con- 
struct and  maintain  a  wharf.— People  ex 
rel.  Dean  v.  Board  of  Supervisors,  122  Cal. 
421,   55   Pac.  131. 

28.  Same— Competitive  bidding,  neces- 
sity for. — The  act  only  applies  to  the  sale 
of  franchises  where  there  can  be  competi- 
tive bidding,  and  not  a  franchise  for  a 
steam  railroad  for  the  extension  of  its 
track  through  the  streets  of  a  city,  en 
route  between  its  termini,  where  there  can 
be  no  bona  fide  competition. — People  ex 
rel.  San  Francisco,  etc.,  Co.  v.  Craycroft, 
111  Cal.  544,  44  Pac.  463. 

See,  also,  Russ  &  Sons  v.  Crichton,  117 
Cal.  695,   49   Pac.  1043. 

2Sa.  Same — Sale  to  highest  bidder  re- 
quired.— Tlie  act  of  1893  requires  franchises 
sold  thereunder  to  be  sold  to  the  highest 
bidder,  and  such  a  requirement  means  sold 
for  cash,  and  the  act  can  not  be  construed 
to  allow  the  consideration  to  be  accepted 
in  any  other  commodity,  at  the  discretion  of 
the  board. — Thompson  v.  Board  of  Super- 
visors,  111   Cal.   553,    44   Pac.    230. 

2Sb.  Same — Sale  on  agreement  to  pay 
percentage. — The  act  of  1893  does  not  au- 
thorize the  franchise  to  be  sold  on  an 
agreement  to  pay  a  percentage  of  the  gross 
receipts,  after  completion  and  when  in 
operation. — Thompson  v.  Board  of  Super- 
visors,  111   Cal.   553,    44   Pac.    230. 

2.*).  Same— Payment  of  two  per  cent  of 
gross  annual  income. — A  public  service  gas 
corporation  exercising  a  franchise  under 
section  19,  article  XI,  of  the  constitution, 
prior  to  the  1911  amendment,  and  occupy- 
ing tlie  streets  of  the  city  with  its  mains 
and  laterals,  by  virtue  thereof,  became  ob- 
ligated to  pay  the  city  two  per  cent  of  its 
gross  annual  receipts  by  accepting  an  ad- 
ditional francliise  for  heat,  light  and  power 
from  the  city  under  the  act  of  1901  (265). — • 
City  of  Hanford  v.  Hanford  Gas  &  Power 
Co.,  169  Cal.  749,  750,  L.  R.  A.  1915B,  165, 
147   Pac.    969. 

30.  Act  and  ordinances  applied  together. 
— The  requirement  of  the  1903  amendment 
to  the  act  of  1901  that  franchises  shall  be 
granted  by  ordinance,  is  to  be  construed 
with  the  charter  requiring  ordinances  to  be 
approved  by  the  mayor,  or  passed  over  his 
veto;  and  such  an  ordinance  vetoed  by  the 
mayor,  and  not  passed  over  his  veto,  does 
not  become  effective. — City  of  Los  Angeles 
V.  Davidson,  150  Cal.  59,   88  Pac.   42. 

31.  Public  highways. — Tlie  act  can  not 
reasonably  be  construed  as  granting  any 
right  in  public  highways. — Sunset,  etc.,  Co. 
V.  Pasadena,  161  Cal.  265,  118  Pac.   719. 

32.  Same  —  Telegraph      companies.  —  Th« 


Art*  1«07.  lOOS 


OBMKH  M     I    V  Wl. 


fM 


act  of  ronrr*sa  ffrffntlns  t«l*craph  com* 
panlra  rtcHia  of  wny  ov«r  lh«  public  landa 
and  puat  roada  slvea  no  right  to  such  cum- 
panics  to  occupy  Iha  atrceta  of  a  city  with 
lia  poloa  and  wlr«a  without  tha  consent  of 
auth  rHy  — Suniot.  ate.  Co.  v.  City  of  Po- 
mona.  1(«  Cal    6(1. 

Sa.       Smm*— Trlrsrapk   ami    trlrphimr    nirra 

•atf  pnl**. — Tha  fact  that  tha  totophona 
wtrra  of  a  company  amcnK^d  In  both  talv 
graph  and  telaphona  bualnaaa.  may  ba  uacd 
for  tha  local  dvllrery  of  tolrnraph  maa- 
HAKPS  doai  not  make  tham  and  Intricrnl  part 
of  the  telegraph  lines  ao  aa  to  bring  thrm 
within  the  purview  of  tha  act  of  rongresa 
granting  telegraph  companlea  righta  of  way 
ovar    tba    public    landa    and    poat    roada.— 


Sunaat.  ato..  Co    v   City  of  Tomona.  1C4  Fed 
«l 

XI.      >aMV— TrlrvlioBe    roMvaay. — A    tale- 

phona    company    Is    not    witlitn    tha    rt  -•     "' 
congreaa      grnnllng      telegraph      con> 
rlghla   of    way    oyer    public    landa   an  i    . 
roads  — Sunset,  ate,  Co.  V.  City   of  Pomona.- 
l«l    Fed     6<1. 

Sla.  Hmtrnf — llaaae, — A  lelephona  company 
doing  an  Intrrstnia  buslnaaa  la  not  required 
under  the  Hruughton  act  to  obtain  the  con- 
arni  of  a  city  for  tha  construction  and 
mnli>(rnanc«  of  Ita  llnea  In  tha  alreela,  al- 
though  used  both  for  local  and  Intrastate 
bUKini-Kit,  and  for  Interstala  business. — tiun- 
ael.  etc.  Co.  V.  £uraka.  17S  Fad.  Iti. 


RAILROADS  TO  PARKS  BEYOND  CITY  LIMITS. 
ACT  1607— An  ict  to  authorize  cities  and  towns  to  grant  franchises  for  the  constrnc- 
tion  and  maintenance  of  railroads  beyond  the  limits  of  such  cities  or  towns  leading 
to  public  parks  owned  thereby. 

Hittory:     Iloranie  a  law  tindor  cnnntitiitlnnal  provisloD  without  goT« 
ernor's  approTal  March  1.  1S97.  Stats.  1897.  p.  46. 

City  may  grant  railroad  franchises  outside  city  limits.     Fare. 

I  1.  It  shall  bo  lawful  for  the  council,  trustees,  or  othor  povorninjf  body  of  nny 
city  or  town  owning  public  parks  situated  outside  of  snid  city  or  town,  to  grant  fran 
rhises  for  the  building  and  operation  of  railroads  from  any  point  in,  or  at  the  exterior 
boundary  of  sueh  city  or  town,  to.  in,  or  through  such  park,  in  the  same  manner  and 
to  the  same  extent  as  it  now  ha.s  power  to  grant  the  same  for  street  railroads  within 
the  limits  of  such  city  or  town;  provided,  that  in  addition  to  all  other  conditions,  it 
shall  be  made  a  condition  of  such  franchise  that  the  fare  of  passengers  on  su.  li  rond 
or  roads  shall  never  exceed  five  cents  for  a  single  trip. 

Oovermnent  of  railroads,  sale  of  franchises,  etc. 

\  2.  All  railnmds.  except  as  otherwise  provided  in  this  act,  authorired  by  this  act 
to  be  so  chartered  shall  be  governed  by  the  provisions  of  part  four,  title  four,  of  the 
Ciril  Code  of  California,  concerning  street  railroads  and  corporations,  so  far  as  the 
name  shall  be  applicable  thereto,  and  of  all  acts  amendatory  thereof.  Also  by  the 
provisions  of  "An  act  providing  for  the  sale  of  railroad  and  other  franchises  in  munici- 
palities and  relative  to  the  granting  of  franchises,"  approved  March  twenty-third, 
eighteen  hundred  and  nincty-thre«. 


RKSKTTLEMENT  ACT. 
ACT  1608     An  act  providing  for  the  resettlement  of  franchise  rights  of  and  the  grant- 
ing of  a  resettlement  franchise  to  any  person.  Arm  or  corporation  actually  engaged 
in  operating  a  street,  suburban  or  interurban  railroad  in  cities  or  cities  and  countil 
having  at  the  effective  date  of  this  act  a  freeholders'  charter  adopted  under  tl 
provisions  of  section  eight  of  article  XI  of  the  constitution  of  the  state  of  Califor 
which  charter  provides  for  the  resettlement  of  franchi."e  rights  of  and  the  granting 
of  resettlement  franchises  to  any  person,  firm  or  corporation  engaged  in  operating  a 
public  ntility  in  such  a  municipality,  and  providing  conditions  for  the  granting  of 
such  franchises  by  legislative  or  other  governing  bodies  of  such  city  or  city  and 

county. 

Hiatory:     Approved   May   22,   1!>17.     In   effect  July   27,   1917.     Stats. 
1917.  p.  &20. 


mo  FRANCHISES.  Act  160S,  §§  1-5 

Power  of  board  of  supervisors,  etc.,  to  provide  for  resettlement  of  franchise  rights. 

§  1.  The  board  of  supervisors,  the  board  of  trustees  or  common  council,  or  other 
governing  or  legislative  body  of  any  city  or  city  and  county  having  at  the  effective 
date  of  this  act  a  freeholders'  charter  adopted  under  the  provisions  of  section  eight 
of  article  XI  of  the  constitution  of  the  state  of  California,  and  which  charter  provides 
for  the  resettlement  of  and  the  granting  of  a  resettlement  franchise  to  any  person, 
firm  or  corporation  engaged  in  operating  a  public  utility  in  such  city  or  city  and  county, 
is  hereby  empowered  to  provide  for  a  general  resettlement  of  the  franchise  rights  and 
to  grant  a  resettlement  franchise  to  any  person,  firm  or  corporation  actually  engaged  in 
operating  a  street,  suburban  or  interurban  railroad  in  said  city  or  city  and  county,  upon 
written  application  therefor,  and  upon  such  terms  and  conditions  as  are  in  this  act 
provided,  and  may,  in  such  resettlement  of  any  such  franchise  impose  other  and  addi- 
tional terms  and  conditions  not  in  conflict  herewith. 

Franchise  submitted  to  vote  of  electors. 

§  2.  Every  such  resettlement  franchise  which  is  granted  shall  be  granted  after  such 
publication  and  upon  such  notice  as  the  governing  or  legislative  body  shall  by  resolu- 
tion determine,  or  failing  such  determination  after  such  publication  and  upon  such 
notice  as  is  or  shall  be  prescribed  by  law  for  the  enactment  of  ordinances  by  such 
governing  or  legislative  body.  After  the  final  passage  of  such  franchise,  the  same 
shall  be  referred  and  submitted  to  the  vote  of  the  electors  of  the  city  or  city  and 
county  at  the  general  or  special  election  next  ensuing  not  less  than  twenty  days  after 
the  final  passage  of  such  ordinance,  or  if  no  general  or  special  election  is  to  be  held 
in  the  city  or  city  and  county  within  a  period  of  not  less  than  twenty  days  and  not  more 
than  ninety  days  after  such  final  passage,  the  said  governing  or  legislative  body  may 
call  a  special  election  for  the  purpose  of  submitting  said  ordinance  to  the  electors  as 
aforesaid,  said  special  election  to  be  held  not  less  than  thirty  days  and  not  more  than 
sixty  days  after  such  final  passage.  No  such  resettlement  franchise  shall  go  into 
effect  until  it  shall  have  been  so  submitted  to  the  electors  of  the  city  or  city  and 
county  and  receive  the  approval  of  a  majority  of  the  electors  voting  thereon;  and 
provided,  further,  that  such  resettlement  franchise  shall  not  be  effective  unless  accepted 
in  writing  by  the  grantee  of  such  resettlement  franchise. 

Rights  conferred  by  franchise. 

§  3.  Every  such  resettlement  franchise,  permit  or  privilege  shall  confer  upon  the 
grantee  thereof  the  right  to  occupy  the  roads,  streets,  highways,  avenues,  boulevards, 
lanes,  alleys,  courts,  places,  and  pathways  of  the  city  or  city  and  county,  particularly 
set  out  in  the  terms  and  conditions  of  such  franchise,  permit  or  privilege,  for  the  pur- 
pose of  conducting,  operating  and  maintaining  thereon  a  street,  suburban  or  inter- 
urban railroad,  subject  always  to  the  right  of  the  city  or  cit}'  and  county  to  acquire  and 
possess  the  property  of  said  grantee;  provided,  however,  that  said  gfrantee  shall  pay 
to  the  city  or  city  and  county  such  a  percentage  of  the  net  revenue  annually  collected 
from  any  and  all  sources  under  and  by  virtue  of  such  franchise,  permit  or  privilege, 
as  shall  be  fixed  in  such  franchise.  What  constitutes  such  annual  net  revenue  shall  be 
provided  in  such  franchise. 

New  franchise  may  be  part  of  resettlement  franchise. 

§  4.  The  legislative  or  governing  body  may  in  such  resettlement  franchise  provide 
that  any  new  franchise  granted  to  the  holder  of  such  resettlement  franchise  shall  be 
considered  as  part  of  such  resettlement  franchise. 

Extension  of  franchise  to  annexed  territory. 

§  5.  The  legislative  or  governing  body  may  in  such  resettlement  franchise  provide 
that  in  case  of  consolidation  or  annexation  to  the  city  or  city  and  county  of  any  terri- 


Act  1608,  §8  e,  7  GENERAI-    LAAVS.  800 

tory  not  now  included  in  said  city  or  city  and  county  at  the  date  said  resettlemeii; 
franchise  is  granted,  any  franchise  to  operate  such  street,  suburban  or  interurban 
railroad,  or  any  part  thereof,  held  or  claimed  by  the  holder  of  such  resettlement  fran- 
chise in  or  for  any  portion  of  such  consolidated  or  annexed  territory  shall  thereupon  bo 
surrendered  to  the  city  or  city  and  county,  and  that  the  rights  and  obligations  of  such 
resettlement  franchise  shall  thereupon  automatically  extend  to  such  additional  terri- 
tory, and  that  a  valuation  for  the  purpose  of  iJublie  acquisition  of  the  properties  used 
and  useful,  or,  in  the  discretion  of  the  city  or  city  and  county,  prospectively  useful, 
in  the  operation  of  such  street,  suburban  or  interurban  railroad  in  the  area  so  con- 
solidated or  annexed,  and  not  included  in  the  capital  valuation  already  fixed  in  such 
resettlement  franchise  shall  be  added  to  the  capital  account  of  such  resettlement  fran- 
chise grantee  at  a  valuation  for  the  purpose  of  public  acquisition  fixed  by  the  railroad 
commission  of  the  state  of  California,  or  its  successors  in  interest,  and  otherwise 
determined  as  provided  in  this  act. 

Grantee  to  surrender  franchises  owned. 

§  6.  Every  resettlement  franchise  shall  provide  that  the  grantee  thereof  shall  sur- 
render the  franchises  or  rights,  owned  or  claimed  by  the  grantee,  to  occupy  such  por- 
tion of  the  roads,  streets,  highways,  avenues,  boulevards,  lanes,  alleys,  courts,  places 
and  pathways  as  it  is  proposed  such  street,  suburban  or  interurban  railroad  shall 
thereafter  occupy  under  the  provisions  of  such  resettlement  franchise,  and  that  the 
grantee  shall  accept  in  lieu  thereof  the  rights  and  privileges  granted  by  such  resettle- 
ment franchise  as  a  franchise  for  the  continued  operation  of  such  street,  suburban  or 
interurban  railroad  within  the  limits  of  the  city  or  eity  and  county  or  such  portion 
thereof  as  had  theretofore  been  operated  under  the  franchise  or  franchises  surrendered. 

Granted  for  indeterminate  period.  Purchase  by  city.  Valuation  by  railroad  commission. 
§  7.  Every  such  resettlement  franchise,  permit  or  privilege  shall  be  granted  for  an 
indeterminate  period,  subject  always  to  the  right  of  the  city  or  city  and  county  to 
acquire  and  possess  the  property  of  the  grantee.  Everj'  resettlement  franchise  shall 
be  granted  upon  the  express  condition  that  the  city  or  city  and  county  may,  at  a  valua- 
tion for  the  purpose  of  public  acquisition,  fixed  and  determined  as  hereinafter  pro- 
vided, either  assume  ownership  by  purchase,  take  over  and  possess  the  property  used 
and  useful,  or,  in  the  discretion  of  the  city  or  city  and  county  prospectively  useful,  of 
the  franchise  grantee,  his  or  its  successors  or  assigns,  upon  giving  said  grantee  v/rltton 
notice  of  its  intention  to  purchase  and  take  over  said  property,  which  written  notice 
shall  be  given  only  when  authorized  by  ordinance  of  the  legislative  or  governing  body 
of  the  city  or  city  and  county.  The  valuation  for  the  purj^ose  of  public  acquisition  of 
such  property  used  and  useful,  or,  in  the  discretion  of  the  city  or  city  and  county, 
prospectively  useful,  and  owned  by  the  grantee  at  the  time  application  is  made  for 
such  resettlement  franchise,  permit  or  privilege,  shall  be  fixed  by  the  railroad  com- 
mission of  the  state  of  California,  or  its  successors  in  interest.  The  valuation  of  such 
property,  as  fixed  by  the  railroad  commission  of  the  state  of  California,  may  be  set 
forth  in  said  resettlement  franchise,  permit  or  privilege,  in  which  case  a  readjustment 
from  time  to  time  of  this  valuation  by  the  addition  of  the  cost  of  extensions  and 
betterments  and  by  the  deduction  of  the  value  of  property  sold  or  abandoned,  and  of 
the  amount  of  depreciation  sustained  by  the  property  used  or  useful,  or  prospectively 
useful,  of  the  franchise  grantee  shall  be  made  in  such  manner  as  may  in  said  resettle- 
ment franchise  be  provided.  All  expenses  of  such  valuation  by  the  railroad  commission 
of  the  state  of  California,  or  its  successors  in  interest  shall  be  paid  by  the  city  or  city 
and  county  to  the  railroad  commission  of  the  state  of  California,  or  its  successors  in 
interest. 


801  FRANCHISISS.  Act  1608.  §§  8-11 

Value  in  excess  ot  amount  paid  not  to  be  claimed. 

$  8.  Said  resettlement  franchise  shall  provide  that  the  grantee  thereof,  its  suc- 
cessors or  assigns,  shall  never  claim  before  any  court  or  other  public  authority  in  any 
proceeding  of  any  character  any  value  for  said  resettlement  franchise,  permit  or  priv- 
ilege in  excess  of  the  amount  originally  paid  for  the  same  by  the  grantee  thereof  to 
the  public  authority  granting  the  same. 

Amendment. 

$  9.  Any  resettlement  franchise  may  be  amended  from  time  to  time  by  ordinance 
passed  by  the  governing  or  legislative  body  of  the  city  or  city  and  county  and  ratified 
by  the  electors  of  the  city  or  city  and  county  in  the  manner  herein  prescribed  for 
the  passage  of  such  resettlement  franchise  in  the  first  instance,  and  not  otherwise; 
provided,  that  no  such  amendment  shall  be  e:ffective  unless  accepted  in  writing  by  the 
grantee  of  such  resettlement  franchise. 

Exercise  of  police  power. 

§  10.  The  legislature  hereby  declares  that  this  act  is  passed  subject  to  the  con- 
tinued power  of  the  state  of  California  in  the  exercise  of  its  police  power  or  otherwise 
through  the  instrumentality  of  the  railroad  commission  of  the  state  of  California  or 
other  agency  to  provide  at  any  and  all  times  for  the  supervision  and  regulation  of 
public  utilities  notwithstanding  any  franchise,  permit  or  privilege  or  any  provision 
thereof  granted  under  this  act,  or  any  part  thereof. 

Right  of  city  to  acquire  property  by  right  of  eminent  domain. 

Nothing  herein  contained,  nor  any  provision  of  any  franchise  granted  hereunder 
shall  be  deemed  to  prevent  a  city  or  city  and  county  from  acquiring  at  any  time  the 
pi'operty  of  any  public  utility  through  the  exercise  of  the  right  of  eminent  domain 
under  the  then  constitution  and  laws,  and  the  legislature  hereby  declares  it  to  be  against 
the  policy  of  the  state  for  any  city  or  county  to  contract  away,  either  for  a  term  or  in 
perpetuity,  the  right  to  exercise  the  right  of  eminent  domain  in  respect  to  any  public 
utility. 

Constitutionality. 

$  11.  If  any  section,  subsection,  sentence,  clause  or  phrase  of  this  act  is  for  any 
reason  held  to  be  unconstitutional,  such  decision  shall  not  affect  the  validity  of  the 
remaining  portions  of  the  act.  The  legislature  hereby  declares  that  it  would  have 
passed  this  act,  and  each  section,  subsection,  sentence,  clause,  and  phrase  thereof,  irre- 
spective of  the  fact  that  any  one  or  more  sections,  subsections,  sentences,  clauses  or 
phrases  be  declared  unconstitutional. 

FRAUDULENT  CONVEYANCES. 
See  Kerr's  Cyc.  Civil  Code,  H  1227-1231,  1624,  3439-3442. 

FREE  LIBRARIES. 
See  tit.  "Libraries." 

FREEHOLDER  CHARTERS. 
See  tits.  "Elections";  "Municipal  Corporations." 


Gen.  Laws — 51 


Acts  1629-1643 


GENERAL  LAWS. 


fiO^ 


CHAPTER  124. 
FRESNO  CITY. 

COI^TENTS  OF  CHAPTER. 
ACT  1629.    Freeholders'  Charter  of  Fresno. 


FREEHOLDERS' 
ACT  1629— Charter  of  city  of  Fresno. 


CHARTER. 


History :  Voted  for  and  ratified  at  a  special  election  held  October  19, 
1899;  adopted  January  28,  1901,  Stats.  1901,  p.  832.  Amendments  voted 
for  and  ratified  at  a  special  election  held  February  13,  1905;  adopted 
February  28,  1905,  Stats.  1905,  p.  1026.  Originally  incorporated  in  1885 
under  t*te  general  law  of  1883,  as  a  city  of  the  fifth  class.     . 


1.  Police  court's  a  mnnlcipnl  affair. — The 

tffect  of  subdivision  1  of  section  &V2  of 
article  XI  of  the  constitution  was  to  make 
the  matter  of  pffUce  courts  a  purely  munici- 
pal affair  as  tc  any  freeholder  charter  city 
which  subseqr-intly  made  provision  in  its 
charter  for  svch  court. — Graham  v.  Mayor, 
etc.,   of  Fresno,    151   Cal.    465,    91   Pac.   147. 

2.  Cliarter  provi.sion  as  to  verification  of 
claims. — The  provision  of  the  Fresno  char- 
ter requiring  demands  against  the  city  to 
be  verified  by  the  claimant,  or  some  one  for 
him,  having  H  knowledge  of  the  facts,  is 
substantially  complied  with,  where  several 
eep'.rate  claii>  s  were  presented  together  by 
an    issignee,   md    were   verified   by    his   at- 


torney, having  a  knowledge  of  each  claim. 
— Madary  v.  City  of  Fresno,  20  Cal.  App. 
91,  128  Pac.  340. 

3.  Section  103,  Code  of  Civil  Procedure, 
superseded  by  charter  provision. — Section 
103,  Code  of  Civil  Procedure,  is  Inconsistent 
with  and  was  superseded  as  to  Fresno,  bv 
the  freeholder  charter  provisions  of  that 
city,  establishing  a  police  court,  so  far  as 
that  section  requires  the  city  to  maintain  a 
city  justice's  court  at  its  own  expense,  pay- 
ing the  salary  of  the  Justice  and  providing 
a  place  to  hold  such  court. — Graham  v. 
Mayor,  etc.,  of  Fresno,  151  Cal.  465,  91  Pac. 
147. 


CHAPTER  125. 

FRESNO  COUNTY. 

References f   Boundaries,  see  Kerr's  Cyc.  Political  Code,   §  3918,  and  see  tit.   "County 
Boui7''1aries." 
ClassifAation,  see  Kerr's  Cyc.  Political  Code,  §  4006. 
County  officers,  compensation,  duties,  etc.,  see  Kerr's  Cyc.  Political  Code,  §§  400U, 

It  m^. 

CONTENTS  OF  CHAPTER. 

A'/f.  1638.  CouNTT  Courthouse  and  Hospital  Improvement  Bonds. 

1642.  Increase  of  Superior  Judges. 

1644.  Issue  op  Bonds  for  the  Construction  op  Boads  and  Bridges. 

1649.  Board  op  County  Water  Commissioners. 

COURTHOUSE  AND  HOSPITAL  IMPROVEMENT  BONDS. 
^C^  1638 — An  act  to  provide  funds  and  empower  the  hoard  of  supervisors  of  Fresno 
county  to  improve  the  courthouse  and  county  hospital  grounds. 

History:    Approved  March  7,  1878,  Stats.  1877-78,  p.  174. 

This    act    authorized    the    issue    of    bonds       cent    and    redeemable    at    any    time    lifter < 

to    the    amount    of    $10,000,    bearing    8    per       issuance. 

INCREASE  OF  SUPERIOR  JUDGES. 
ACT  1642 — An  act  to  increase  the  numher  of  judges  of  the  superior  court  of  thft| 
county  of  Fresno,  and  to  provide  for  the  appointment  of  an  additional  judge. 

History:  Approved  May  5,  1917.  In  effect  July  27,  1917.  Stats. 
1917,  p.  283.  Prior  act  of  March  8,  1887,  Stats.  1887,  p.  57,  increased 
the  number  of  judges  from  one  to  two;  act  of  March  10,  1893,  Stats. 
1893,  p.  125,  increased  the  numl)er  from  two  to  three;  act  of  March  26, 
1895,  Stats.  1895,  p.  156,  reduced  the  number  from  three  to  two. 


I 


80«  FRUIT.  Acts  1G44-1652 

Fresno  county  judges. 

$  1.  The  number  of  judges  of  the  superior  court  of  Fresno  county  is  hereby  increased 
from  two  to  three. 

Appointment  of  one  additional  judge.    Election. 

$  2.  Within  ninety  days  after  the  taking  effect  of  this  act,  the  governor  shall 
appoint  one  additional  judge  of  the  superior  court  of  the  county  of  Fresno,  state  of 
California,  who  shall  hold  office  until  the  first  Monday  after  the  first  day  of  January, 
A.  D.,  one  thousand  nine  hundred  nineteen.  At  the  general  election  to  be  held  in 
November,  1918,  a  judge  of  the  superior  court  of  said  county  shall  be  elected  in  said 
county,  who  shall  be  the  successor  of  the  judge  appointed  hereunder,  to  hold  office  for 
the  term  prescribed  by  the  constitution  and  by  law. 

Salary. 

$  3.  The  salary  of  said  additional  judge  shall  be  the  same  in  amount,  and  shall  be 
paid  at  the  same  time  and  in  the  same  manner  as  the  salary  of  the  other  two  judges 
of  the  superior  court  of  said  county  now  authorized  by  law. 

BONDS  FOR  THE  CONSTRUCTION  OF  ROADS  AND  BRIDGES. 

ACT  1644 — An  act  to  authorize  the  board  of  supervisors  of  Fresno  county  to  build 

certain  roads  and  bridges,  and  to  issue  bonds  of  said  county  for  the  construction 

thereof,  and  to  provide  for  the  payment  of  the  same. 

History:    Approved  March  22,  1878,  Stats.  1877-78,  p.  395. 

This  act  authorized  the  issuance  of  bonds  and  completion  of  certain  wagon  roads  and 
not  exceeding   $20,000,   for   the   construction       bridges. 

BOARD  OF  COUNTY  WATER  COMMISSIONERS. 

ACT  1649 — An  act  to  create  a  board  of  water  commissioners  in  Fresno  county,  and 

to  define  their  powers  and  duties. 

History:    Approved  April  2,  1866,  Stats.  1865-66,  p.  777.     Continued 
5n  force,  Kerr's  Cyc.  Political  Code,  §  19. 

Water  commissionerH  for  Fresno,  Tulare  and  Kern  counties. — See  tit.  "Water  Com* 
nussion." 


CHAPTER  126. 

FRUIT. 

References:   See,  generally,  tits.  "Adulteration";  "Foods";  "Horticulture";  "Marks  and 
Brands";   "State  Commission  Market";  "Viticulture." 

CONTENTS  OF  CHAPTER. 

ACT  1652.    Standabd  Fruit  Act  of  1915. 

1654.     "The  Standard  Apple  Act  of  1917." 

1654a.  Standard  Fresh  Fruit  Packing  Act  of  1917. 

1654b.  Standard  for  Sulphur  for  Sulphuring  Fruits  and  Foods. 

1654c.  Standard  Fruit  and  Vegetable  Act  of  1919. 

STANDARD  FRUIT  ACT  OF  1915. 
ACT  1652 — An  act  to  establish  a  standard  for  the  packing  in  the  state  of  California 
of  the  kinds  of  fresh  fruits  specified  in  this  act,  for  sale  or  for  transportation  for 
sale,  for  interstate  and  foreign  shipment,  and  to  prevent  deception  in  the  packing; 
also  to  establish  a  system  of  inspection  for  the  same. 

History:  Approved  June  8,  1915.  In  effect  August  8,  1915.  Stats. 
1915,  p.  1298.  This  act  was  partially  superseded  by  the  act  of  1917. 
See  Act  1654a  for  comparison. 


Act  !(»::,  88  1-8  OtlMJUAL   LAWS.  804 

Standard  fruit  pack. 

^  1.  There  is  hereby  created  and  established  a  standard  for  the  packing  of  fresh 
fruits,  for  interstate  and  foreign  shipment,  of  the  kinds  specified  in  this  act. 

§  2.  Any  box,  basket,  package  or  container  of  fresh  fruit  of  the  kinds  si)ecified  in 
this  act,  which  shall  be  packed  and  offered  for  sail  or  for  transportation  for  sale, 
shall  be  packed  in  accordance  with  the  specifications  herein  made. 

Free  from  insects. 

$  3.  All  deciduous  fruits  of  the  kinds  specified  in  this  act  when  packed  shall  be 
practically  free  from  insects  and  fungous  diseases. 

In  bulk. 

\^  4.  All  fresh  fmit  of  the  kind  specified  in  this  act  which  shall  be  sold  in  bulk  or 
loose  in  the  box  without  packing,  shall  be  exempt  from  the  provisions  of  this  act. 

Cherries. 

§  5.  All  cherries  packed  in  boxes  or  packages  shall  contain  fruit  of  practically 
uniform  quality  and  maturity  and  one  variety  only,  excepting  that  such  boxes  or  pack- 
ages may  contain  more  than  one  variety  if  such  fact  be  plainly  stamped  on  the  outside 
of  the  box  or  package  with  the  words  "Mixed  Varieties"  with  letters  one-half  inch 
high.  Each  box  or  package  shall  be  stamped  on  the  outside  with  the  minmum  weight 
of  contents,  and  name  of  variety  or  varieties. 

Paaches,  etc 

^  6.  Peaches,  apricots,  pears,  plums  and  prunes,  shall  be  of  practically  uniform  size, 
quality  and  maturity.  When  packed  in  crates,  packages  or  containers  made  up  of  two 
or  more  sub-containers  having  sloping  sides,  for  the  purpose  of  ventilation  of  the 
fruit  therein,  the  fruit  shall  not  vary  in  size  more  than  ten  per  cent  and  no  layer  below 
the  top  layer  shall  contain  a  greater  numerical  count  than  the  top  layer.  Each  box, 
crate,  package,  container  or  sub-container  shall  be  stamped  upon  the  outside  with  the 
minimum  weight  of  its  contents.  Each  box,  crate,  package  or  container,  except  sub- 
containers,  shall  bear  in  plain  letters  the  name  of  the  variety  contained  therein.  When 
packed  in  a  box,  package  or  container  having  perpendicular  sides  and  ends,  each  box 
shall  contain  approximately  the  same  numerical  count  in  each  layer;  provided,  that 
when  peaches  are  packed  in  boxes,  packages  or  containers,  having  perpendicular  sides 
the  box,  package  or  container  shall  also  be  marked  upon  the  outside  of  the  end  thereof 
in  plain  figures  with  the  approximate  number  of  peaches  in  the  box,  which  shall  be 
within  four  peaches  of  the  true  count. 

Grapes. 

$  7.  Grapes  packed  for  table  use  shall  be  of  uniform  quality  and  maturity  and 
shall  be  well  matured  and  show  a  sugar  content  of  not  less  than  seventeen  per  cent 
Balling's  scale,  except  Emperor,  which  shall  show  not  less  than  sixteen  per  cent 
Balling's  scale.  Each  crate  or  other  package  and  containers  therein  shall  bear  in 
plain  figures  the  minimum  weight  of  contents.  Each  crate  or  package  except  sub- 
containers  shall  be  stamped  in  plain  letters  with  the  name  of  the  variety. 

Berries. 

^  8.  Berries  shall  be  packed  in  uniform  packages  of  dry  quart  containing  an  interior 
capacity  of  67.2  cubic  inches,  or  dry  pint  containing  an  interior  capacity  of  33.6  cubic 
inches  and  shall  be  reasonably  uniform  in  size,  quality  and  maturity  throughout  the 
l^ackage  or  container. 


805  FRIIT.  Act  1652,  g§  9-15 

Cantaloupes. 

$  9.  Cantaloupes  sTiall  be  placed  in  standard  crates  12  x  12  x  23^/2  inches  contain- 
ing forty-five  cantaloupes  of  uniform  size  and  maturity.  Pony  crates  11  x  11  x  23V2 
inches  containing  forty-five  contaloupes  of  uniform  size  and  maturity.  Jumbo  crates 
41/^  X  13^/2  X  23%  inches  containing  twelve  cantaloupes  of  uniform  size  and  maturity 
or  containing  fifteen  cantaloupes  of  uniform  size  and  maturity. 

Name  of  orchard. 

§  10.  All  boxes,  crates,  packages  or  containers  deciduous  fruits  of  the  kinds  speci- 
fied in  this  act,  except  sub-containers,  when  packed  and  offered  for  sale,  or  for  trans- 
portation for  sale,  shall  bear  upon  them  in  plain  sight  and  plain  letters  on  the  outside 
the  name  of  the  orchard,  if  any,  and  the  name  and  post  office  address  of  the  person, 
firm,  company,  corporation  or  organization,  who  shall  have  first  packed  or  authorized 
the  packing  of  the  same,  also  the  name  of  the  locality  where  the  fruit  is  grown. 

Duty  of  county  horticultural  commissioners. 

$  11.  In  counties  having  a  county  horticultural  commissioner  it  shall  be  his  duty 
(and  the  duty  of  his  deputies)  acting  as  inspectors,  which  office  is  hereby  created,  to 
enforce  the  provisions  of  this  act.  Additional  inspectors  shall  be  appointed  by  the 
county  horticultural  commissioner,  upon  petition  of  like  nature  and  at  the  same  pay  as 
provided  in  section  twelve  of  this  act;  provided,  that  any  county  having  and  enforcing 
a  standard  higher  than  the  standard  in  this  act  shall  be  exempt  from  the  provisions  of 
this  act  upon  declaration  to  such  effect  by  the  state  horticultural  commissioner. 

Appointment  of  inspectors. 

$  12.  In  a  city  and  county  or  in  counties  having  no  county  horticultural  commis- 
sioner, or  deputy,  it  shall  be  the  duty  of  the  county  board  of  supervisors,  upon  peti- 
tion filed  with  them  to  appoint  inspectors.  Said  petition  shall  be  signed  by  at  least 
twenty-five  bona  fide  fruit  growers  residing  in  that  county,  or  city  and  county.  The 
inspectors  shall  receive  for  their  services  the  sum  of  three  and  one-half  dollars  per 
day  to  be  paid  monthly  upon  warrants  drawn  upon  the  county  treasurer.  Upon  the 
petition  of  twenty-five  resident  freeholders  who  are  fruit  growers  or  shippers  of  fruit, 
the  county  horticultural  commissioner,  or  board  of  supervisors,  where  there  is  no 
county  horticultural  commission,  shall  immediately  remove  said  inspector  for  neglect 
of  duty,  malfeasance  in  office,  or  general  unfitness  for  office.  In  case  of  such  removal 
the  office  shall  immediately  be  filled. 

Penalty. 

$  13.  Any  person,  firm,  company,  corporation,  or  organization,  who  shall  knowingly 
pack,  or  cause  to  be  packed,  fruit  of  the  kinds  specified  herein,  in  boxes,  crates,  pack- 
ages, containers,  or  sub-containers,  to  be  offered  for  sale  or  for  transportation  for 
sale,  in  willful  violation  of  this  act,  shall  be  guilty  of  a  misdemeanor. 

$  14.     All  laws  in  conflict  with  this  act  or  any  part  thereof  are  hereby  repealed. 

Constitutionality. 

§  15.  If  any  section,  sub-section,  sentence,  clause  or  phrase  of  this  act  is  for  any 
reason  held  to  be  unconstitutional  such  decision  shall^not  affect  the  validity  of  the 
remaining  portions  of  this  act.  The  legislature  hereby  declares  that  it  would  have 
passed  this  act,  and  each  section,  sub-section,  sentence,  clause  and  phrase  thereof, 
irrespective  of  the  fact  that  any  one  or  more  other  sections,  sub-sections,  sentences, 
clauses  or  phrases  be  declared  unconstitutional. 


Act  1654,  gg  1,  a  GENERAL   LAWS.  800 

''THE  STANDARD  APPLE  ACT  OF  1917." 
ACT  1654 — An  act  to  establish  standards  for  the  packing  and  marketing  of  apples, 
forbidding  the  sale  of  certain  infected  and  diseased  apples,  providing  for  its  enforce- 
ment, fixing  penalties  for  its  violation,  and  making  an  appropriation  to  carry  into 
effect  the  provisions  thereof,  and  repealing  an  act  entitled  "An  act  to  establish  a 
standard  for  the  packing  and  marketing  of  apples,  fixing  penalties  for  the  violation 
of  its  provisions,  and  providing  for  its  enforcement  and  making  an  appropriation  to 
carry  into  effect  the  provisions  hereof,"  approved  June  10,  1915. 

History:  Approved  May  7,  1917.  In  effect  July  27,  1917.  Stats.  1917, 
p.  285.  Amended  April  30,  1919.  In  effect  July  20,  1919.  Stats.  1919, 
p.  258.  Prior  act  of  June  10,  1915,  Stats.  1915,  p.  1386,  repealed  by 
present  act. 

Title. 

§  1,  This  act  shall  be  known,  and  for  any  and  all  purposes  may  be  designated  and 
referred  to,  as  **Tbe  standard  apple  act  of  1917." 

Standard  grades  established. 

§  2.  The  following  standard  grades  and  standard  box  are  hereby  established  for 
apples,  packed,  shipped,  delivered  for  shipment,  offered  for  sale  or  sold,  in  the  state 
of  California: 

' '  California  fancy. '  * 

(a)  The  "California  fancy"  grade  shall  consist  of  apples  of  well-grown,  properly 
matured  specimens  of  one  variety,  hand  picked,  with  stems  retained  therein,  either 
in  whole  or  in  part,  well  colored  and  normally  shaped  for  the  variety  and  locality 
where  produced,  uniform  in  size,  well  packed,  and  shall  be  free  from  pests,  diseases, 
visible  rot,  visible  dry  rot,  visible  Baldwin  spot,  insect  bites,  bruises  and  other  defects, 
except  such  bruises  and  defects  as  are  necessarily  caused  in  the  operation  of  packing, 
and  virtually  free  from  dirt;  provided,  however,  that  a  variation  from  the  said  standard, 
as  to  insect  pests,  diseases,  dry  rot,  Baldwin  spot,  insect  bites,  bruises  and  other 
defects,  shall  be  allowed,  not  to  exceed  ten  per  cent  total  of  such  defects  in  any  one 
package,  nor  to  exceed  three  per  cent  of  any  one  such  defect;  and  provided,  further, 
that  a  variation  in  size  of  the  apples  shall  be  allowed,  not  to  exceed  three-eights  of  one 
inch  when  measured  through  widest  portion  of  cross  section  thereof,  and  that  no 
apples  less  than  two  and  one-fourth  inches  when  measured  in  like  manner,  shall  be 
placed  in  "California  fancy"  grade  except  Lady  and  Winesap  apples,  when  the 
smallest  size  shall  be  not  less  than  two  inches  when  measured  in  like  manner. 

"B  grade." 

(b)  The  "B  grade"  shall  consist  of  apples  of  well-grown,  properly  matured  speci- 
mens of  one  variety,  hand  picked,  uniform  in  size,  well  packed,  free  from  insect  pests, 
diseases,  visible  rot,  visible  dry  rot,  visible  Baldwin  spot,  insect  bites,  sun  scald  and 
frost  bite  more  than  skin  deep,  and  bruises  resulting  in  the  breaking  of  the  skin,  and 
virtually  free  from  dirt;  provided,  however,  that  insect  bites  which  have  healed  in  the 
process  of  maturity  of  the  apple,  and  which  do  not  cause  serious  deformity,  and 
slio-htly  misshapen  apples,  shall  be  permitted  in  this  grade,  that  a  variation  in  size  of 
the  apples  shall  be  allowed,  not  t(f  exceed  three-eighths  of  one  inch  when  measured 
through  widest  portion  of  cross  section  thereof,  and  that  a  variation  from  the  said 
standard,  as  to  insect  pests,  diseases,  dry  rot,  Baldwin  spots,  bruises  and  other  defects, 
shall  be  allowed,  not  to  exceed^  ten  per  cent  total  of  such  defects  in  any  one  package, 
nor  to  exceed  three  per  cent  of  any  one  such  defect. 

"0  grade." 

(c)  The  **C  grade"  shall  consist  of  apples  of  properly  matured  specimens  of  one 
variety,  free  from  insect  pests,  visible  rot,  visible  dry  rot,  visible  Baldwin  spots  and 


807  FRUIT.  Act  1654,  §  3 

diseases;  provided,  however,  that  a  variation  from  said  standard  as  to  insect  pests, 
dry  rot,  Baldwin  spots  and  diseases,  shall  be  allowed,  not  to  exceed  ten  per  cent  total 
of  such  defects  in  any  one  package,  nor  to  exceed  thi'ee  per  cent  of  any  one  such  defect. 

Standard  container. 

(d)  The  standard  container  shall  be  a  box  of  the  following  dimensions,  inside  meas- 
urements, when  measured  without  distention  of  parts:  Depth  of  end  ten  and  one-half 
inches;  width  of  end  eleven  and  one-half  inches;  length  of  box  eighteen  inches,  and 
having  a  cubical  content  of  as  nearly  as  possible  two  thousand  one  hundred  seventy- 
three  and  one-half  cubic  inches. 

Use  after  July  1,  1920. 

(e)  On  and  after  July  1,  1920,  all  packed  apples,  when  shipped,  offered  for  sale  or 
sold,  shall  be  placed  in  the  standai'd  box  herein  described;  provided,  however,  that 
other  size  containers  may  be  used  if  conspicuously  marked  in  letters  not  less  than 
one-half  inch  high  "irregular  container."  [Amendment  of  April  30,  1919.  In  effect 
July  22,  1919.     Stats.  1919,  p.  258.] 

Labeling  of  container. 

§  3.  Every  packed  container  of  apples  shipped,  delivered  for  shipment,  offered  for 
sale  or  sold,  in  the  state  of  California,  shall  bear  upon  the  outside  thereof,  and  on  the 
end,  the  plain  words  or  figures  and  in  the  English  language,  the  following:  The  grade 
of  the  apples  therein  contained,  as  herein  defined,  the  designation  of  grade,  when  the 
stamps  hereinafter  provided  for  are  not  used,  being  stated  in  letters  not  smaller  than 
thirty-six  point  type,  that  is,  not  less  than  one-half  inch  in  height ;  the  number  of  apples 
contained  in  the  package,  or  the  minimum  net  weight  of  the  apples  contained  therein; 
the  variety  of  the  apples  contained  in  the  package,  unless  the  variety  be  unknown  to 
the  packer,  in  which  case  the  variety  shall  be  stated  as  unknown;  the  name  and  busi- 
ness address  of  the  person,  firm,  company,  organization  or  corporation,  who  first 
packed  or  caused  the  same  to  be  packed,  and,  if  repacked,  the  name  and  business 
address  of  the  person,  firm,  company,  organization  or  corporation  who  repacked  the 
same  or  caused  same  to  be  repacked;  the  date  when  such  apples  were  first  packed,  or 
if  repacked,  the  date  of  repacking;  provided,  however,  that  a  variation  of  five  apples, 
more  or  less  than  the  number  stated,  shall  be  allowed. 

Definitions. 

(a)  The  term  "packed,"  whenever  used  in  this  act,  shall  mean  the  regular,  compact 
arrangement  of  all  or  a  part  of  the  fruit  in  any  container. 

(b)  The  terms  "three  and  one-half  tier,"  "four  tier,"  and  "four  and  one-half 
tier,"  whenever  used  as  the  designation  of  the  size  of  apples  sold  or  offered  for  sale, 
shall  have  the  following  meanings,  respectively,  to  wit:  The  term  "three  and  one-half 
tier"  shall  mean  an  apple  larger  in  size  than  three  and  one-eight  inches,  when  measured 
through  the  widest  cross  section  thereof;  the  term  "four  tier"  shall  mean  an  apple 
larger  in  size  than  two  and  five-eighth  inches  but  not  larger  than  three  and  one- 
eighth  inches,  when  so  measured;  and  the  term  "four  and  one-half  tier"  shall  mean 
an  apple  not  smaller  in  size  than  two  and  one-fourth  inches  nor  larger  than  two  and 
five  eighth  inches,  when  so  measured. 

(c)  The  term  "cross-section,"  whenever  used  in  this  act,  shall  mean  the  section  of 
an  apple  taken  at  a  right  angle  to  a  straight  line  drawn  from  the  stem  end  to  the 
blossom  end  thereof.  [Amendment  of  April  30,  1919.  In  effect  July  22,  1919.  Stata. 
1919,  p.  259.] 


Act  1654,  §§  4-7  GENEKAL   LAWS.  608 

Labeled  apples  must  conform  to  standard. 

$  4.  No  person,  firm,  company,  organization  or  corporation,  shall  sell  or  offer  for 
sale,  within  the  state  of  California,  any  apples  labeled,  designated,  invoiced  or  repre- 
sented to  be,  of  "California  Fancy"  or  "B"  or  "C"  grade,  whether  contained  in 
closed  packages  or  otherwise,  unless  the  same  shall  conform  to  the  standard  for  such 
grade  herein  established;  provided,  however,  that  nothing  herein  contained  shall  pre- 
vent the  grading  of  Gravenstein  apples  as  "California  Fancy,"  though  the  stems  be 
not  retained  therein. 

Importation  of  infected  apples  forhidden. 

§  5.  No  person,  firm,  company,  organization  or  corporation,  shall  import  into  this 
state,  or  sell,  barter,  offer  for  sale  or  have  in  his  possession  for  sale,  any  apples  infected 
►vith  any  insect  pest  or  the  pupae  or  larvae  thereof  or  any  disease;  provided,  however, 
that  this  section  shall  not  be  construed  to  prevent  a  grower  of  fruit  so  infected  in  the 
state  of  California  from  selling  the  same,  as  a  part  of  his  crop,  in  bulk,  to  a  packer,  or 
lo  prevent  a  grower  or  packer  from  manufacturing  the  same  into  an  apple  by-product, 
or  from  selling  the  same  to  the  operator  of  a  by-product  factory  for  the  purpose  of 
Buch  manufacture;  and  provided,  further,  that  the  provisions  of  this  section  shall  be 
construed  to  be  limited  by  the  variations  allowed  by  the  terms  of  section  two  of  this 
act. 

False  statements,  etc. 

§  6.  No  statement,  figure,  design  or  device,  appearing  upon  any  container  in  which 
apples  are  sold,  bartered,  or  offered  for  sale,  or  in  which  apples  are  packed  for  sale  or 
shipment,  or  upon  the  brand  or  lining  of  any  such  container,  or  upon  the  wrapper 
of  any  apple  therein  contained,  or  upon  any  sign  or  placard  used  in  connection  there- 
with and  having  reference  to  the  apples  contained,  shall  be  false  or  misleading,  in 
any  particular.  The  word  "Fancy"  shall  not  be  used  with  reference  to  any  apples 
the  grade  of  which  does  not  conform  to  the  standard  for  "California  Fancy"  as  in 
\his  act  defined. 

Powers  of  state  commissioner  of  horticulture. 

§  7.  The  state  commissioner  of  horticulture  of  California  shall  be  charged  with  the 
enforcement  of  the  provisions  of  this  act,  and  for  that  purpose  shall  have  power: 

(a)  To  enter  and  to  inspect  every  place  within  the  state  of  California  where  apples 
are  produced,  packed,  shipped,  delivered  for  shipment,  offered  for  sale  or  sold,  and  to 
inspect  such  places  and  all  apples  and  apple  containers  and  equipment  found  in  any 
such  place. 

(b)  To  design,  and  cause  to  be  printed  or  lithographed,  suitable  uniform  stamps  to 
be  used  on  packages  containing  apples  of  the  various  grades,  standards  for  which  are 
established  by  the  terms  of  this  act,  to  sell  the  same  as  hereinafter  provided,  and  to 
prescribe  the  method  of  canceling  the  same. 

(c)  In  accordance  with  the  provisions  of  the  civil  service  law  of  this  state,  to 
appoint,  superintend,  control  and  discharge  such  chief  inspectors  and  subordinate 
inspectors  as  in  his  discretion  may  be  deemed  to  be  necessary,  for  the  special  purpose 
of  enforcing  the  terms  of  this  act,  to  prescribe  their  duties,  and,  in  conjunction  with 
the  board  of  control,  to  fix  their  compensation,  provided  that  no  chief  inspector  shall 
be  paid  more  than  seven  dollars  per  day  and  no  subordinate  inspector  more  than  five 
dollars  per  day. 

(d)  Personally,  or  through  any  deputy  or  any  such  inspector,  to  seize  and  retain 
possession  of,  any  apples  or  apple  boxes  packed,  shipped,  delivered  for  shipment, 
offered  for  sale  or  sold,  in  violation  of  any  of  the  provisions  of  this  act, 

(e)  In  the  name  of  the  people  of  the  state  of  California  to  cause  to  be  instituted 


809  FRUIT.  Act  1654,  §§  8-lS 

and  to  prosecute,  in  the  superior  court  of  any  county  or  city  and  county  of  the  state 
of  California,  in  which  apples  packed,  shipped,  delivered  for  shipment,  offered  for 
sale  or  sold,  in  violation  of  any  of  the  provisions  of  this  act,  may  be  found,  an  action 
or  actions  for  the  condemnation  of  apples  as  provided  in  section  thirteen  of  this  act. 

Sale  of  stamps. 

$  8.  The  stamps  designed  and  provided  by  the  state  commissioner  of  horticulture 
of  California  as  provided  by  section  seven  of  this  act,  by  him  shall  be  placed  on  sale 
and  sold  to  any  person  who  may  apply  therefor,  at  the  price  of  one-half  cent  each. 
All  moneys  received  by  him  from  the  sale  of  such  stamps  shall  be  paid  over  to  the 
treasurer  of  the  state  of  California,  who  shall  deposit  the  same  to  the  credit  of  a  fund 
to  be  used  exclusively  for  the  payment  of  the  expenses  of  enforcing  the  provisions  of 
this  act,  and  to  be  paid  out  only  upon  claims  approved  by  the  state  commissioner  of 
horticulture  of  California  and  by  the  board  of  control. 

Qualifications  of  inspectors.    Powers. 

$  9.  The  inspectors  appointed  by  the  state  commissioner  of  horticulture  of  Cali- 
fornia, as  in  section  seven  hereof  provided,  shall  be  citizens  of  the  United  States,  and 
of  the  state  of  California,  not  less  than  twenty-one  years  of  age,  shall  be  skilled  in  the 
inspection  of  apples,  and  have  a  thorough  knowledge  of  insect  pests  and  diseases  com- 
monly preying  upon  such  fruit;  they  shall  have  power  to  enter  and  to  inspect  every 
place  within  the  state  of  California  where  apples  are  produced,  packed,  shipped,  deliv- 
ered for  shipment,  offered  for  sale  or  sold,  and  to  inspect  all  such  places  and  apples 
and  apple  containers,  found  in  any  such  place;  and  shall  perform  such  other  duties  as 
may  be  prescribed  by  the  state  commissioner  of  horticulture  of  California,  or  by  law. 

Assignment  of  inspectors. 

The  said  commissioner  shall  assign  such  inspectors  to  such  territory,  within  the  state, 
as  he  may  see  fit;  provided,  that  when  the  stamps  purchased  for  any  year  by  packers 
in  any  town,  city  or  district,  shall  yield  a  sum  of  money  sufficient  to  pay  the  expense 
thereof,  such  commissioner  shall  assign  one  inspector  or  more  for  special  duty  in  such 
town,  city  or  district,  during  the  packing  season  of  that  year,  or  for  a  longer  period, 
if  deemed  to  be  necessary;  and  provided,  further,  that  in  the  discretion  of  said  hor- 
ticultural commissioner,  he  may  refuse  to  permit  inspection  of  fruit  at  the  place  where 
same  is  being  packed  if  packed  by  any  person,  firm,  company,  organization  or  corpora- 
tion who  shall  not  make  use  of  the  stamps  hereinabove  provided  for  upon  the  packages 
of  "California  Fancy,"  "B"  and  "C"  grade  apples  packed  by  him  or  it. 

Powers  and  duties  of  inspectors. 

$  9a.  Every  such  inspector  shall  have  power  to  enter  and  to  inspect  any  place  within 
this  state  where  any  apples  are  produced,  packed,  shipped,  delivered  for  shipment, 
offered  for  sale  or  sold,  and  to  inspect  such  places  and  all  such  apples  and  the  containers 
thereof  and  the  equipment  found  in  any  such  place.  It  shall  be  the  duty  of  the  inspec- 
tors to  enforce  the  provisions  of  this  act  and  to  cause  the  prosecution  of  any  person, 
company,  firm,  corporation  or  organization,  whom  he  knoAvs  or  has  reason  to  believe 
to  be  guilty  of  the  violation  of  any  of  its  provisions.  Every  inspector,  in  the  performance 
of  his  duties,  shall  have  the  same  powers  possessed  by  peace  officers  under  the  laws  of 
the  state  of  California.  [New  section  added  April  30,  1919.  In  effect  July  22,  1919. 
Stats.  1919,  p.  260.] 

Repacking. 

^  10.  No  container  to  or  on  which  is  attached  any  such  stamp  or  on  which  shall 
appear  the  designation  of  grade  as  "California  Fancy,"  "B"  grade  or  **C"  grade, 
shall  be  used  as  the  container  of  any  apples,  other  than  those  originally  packed  therein, 


Aft  1654,  §§  11-14  GENERAL   LAWS.  810 

until  such  stamp  or  grade  designation  has  been  removed;  provided,  that  when  apples 
are  repacked,  without  the  addition  of  new  stock,  other  than  stock  of  the  same  grade  and 
from  the  same  lot  of  which  the  package  or  packages  repacked  is  or  are  a  part,  the  same 
containers  may  be  used  without  removing  the  stamps  or  grade  designations. 

Eefusal  to  permit  inspectors  to  enter. 

^  11.  No  person,  iirm,  company,  organization  or  corporation,  shall  refuse  to  permit 
the  state  commissioner  of  horticulture  of  California,  or  any  of  his  duly  appointed  depu- 
ties, or  any  inspector  duly  appointed  by  said  commissioner  under  the  provisions  of  this 
act,  to  enter  or  to  inspect  any  place  within  the  state  of  California  where  apples  are 
produced,  packed,  shipped,  delivered  for  shipment,  offered  for  sale  or  sold,  or  to  inspect 
such  places,  or  any  apples  or  apple  containers  or  any  equipment  found  there. 

Penalty. 

§  12.  Any  person,  firm,  company,  organization  or  corporation,  who  shall  violate  any 
of  the  provisions  of  this  act  shall  be  punishable  by  a  fine  of  not  less  than  fifty  dollars 
nor  more  than  five  hundred  dollars,  or  by  imprisonment  in  the  county  jail  for  a  period 
of  not  more  than  six  months,  or  by  both  such  fine  and  imprisonment. 

Apples  packed,  shipped,  etc.,  in  violation  of  law,  nuisance. 

§  13.  Any  apples  packed,  shipped,  delivered  for  shipment,  offered  for  sale  or  sold,  in 
violation  of  any  of  the  provisions  of  this  act,  and  the  containers  in  which  they  may  be, 
shall  be  deemed  to  be  a  public  nuisance,  may  be  seized  by  said  commissioner  of  horti- 
culture, or  his  deputy,  or  by  any  inspector  appointed  under  the  provisions  of  this  act, 
or  by  any  county  horticultural  commissioner  or  his  deputy,  and  by  order  of  the  superior 
court  of  the  county  or  city  and  county  within  which  the  same  may  be  found,  shall  be 
condemned  and  destroyed  or  released  upon  such  conditions  as  the  court  in  its  discretion 
may  impose  to  insure  that  they  will  not  be  packed,  shipped,  delivered  for  shipment, 
offered  for  sale  or  sold  in  violation  of  any  of  the  provisions  of  this  act. 

Refusal  to  receive  or  ship. 

§  13a.  It  shall  be  lawful  for  any  person,  firm,  corporation  or  organization  and  for 
any  common  carrier  to  refuse  to  accept  for  shipment  or  transportation  and  to  refuse 
to  ship  or  transport  any  apples  which  upon  inspection  are  found  to  be  or  to  be  packed 
in  violation  of  any  of  the  provisions  of  this  act,  and  any  such  person,  firm,  corporation, 
organization  or  common  carrier  may  reserve  the  right  in  any  receipt,  bill  of  lading  or 
other  writing  given  to  the  consignor  thereof,  to  reject  for  shipment  and  to  return  to 
such  consignor  or  to  hold  at  the  expense  and  risk  of  the  latter  all  apples  which  upon 
inspection  are  found  to  be  or  to  be  packed  in  violation  of  any  of  the  provisions  of  this 
act.     [New  section  added  AprU  30,  1919.    In  effect  July  22,  1919.    Stats.  1919,  p.  260.] 

Guaranty. 

§  14.  No  person,  firm,  company,  organization  or  corporation,  shall  be  convicted  of  a 
violation  of  any  provision  of  this  act,  if  he  shall  establish  a  guaranty,  signed  by  the 
person,  firm,  company,  organization,  or  corporation,  residing  or  lawfully  engaged  in 
business  in  the  state  of  California,  by  or  for  whom  the  apples  in  question  were  orig- 
inally packed,  or  repacked,  to  the  effect  that  the  apples,  container,  brand  and  label  in 
question  comply  in  all  respects  with  the  provisions  of  this  act,  and  in  addition,  shall 
establish  that  the  same  are  in  substantially  the  same  condition,  in  every  respect,  as  they 
were  when  they  were  delivered  out  of  the  possession  of  such  packer,  and  that  the 
accused  was  not  aware  that  such  apples,  container,  brand  or  label,  were  or  was  in  any 
respect  in  violation  of  any  provision  of  this  act.  The  signature  to  such  guaranty  may 
be  printed,  when  done  by  the  authority  of  the  signer.  To  afford  protection,  such 
guaranty,  in  form  and  substance,  must  be  substantially  as  follows: 


i 


Sii  FRUIT.  Act  1654,  §g  15-19 

Form  of  guaranty. 

"The  undersigned  guarantees  that  (this  box  or  other  package  of  apples  or  the  boxes 
or  other  packages  of  apples  mentioned  in  this,  or  the  attached  invoice,  or  all  boxes  or 
other  packages  of  apples  packed  or  repacked  by  the  undersigned),  comply,  in  all 
respects  with  the  standard  apple  act  of  1917.  (Signature  of  the  packer,  with  statement 
as  to  whether  packer  is  firm,  company,  organization  or  corporation  and  business 
address.) " 

Where  the  guaranty  is  used  on  each  separate  box,  it  may  consist  of  the  legend, 
"guaranteed  by  the  packer,  under  the  standard  apples  act  of  1917,"  printed,  stamped 
or  written  on  the  labeled  or  branded  end  of  the  package. 

Duty  of  district  attorney. 

§  15.  It  shall  be  the  duty  of  the  district  attorney  of  the  county,  or  city  and  county, 
in  which  any  violation  of  this  act  may  occur,  to  prosecute  the  person,  firm,  company, 
organization  or  corporation  accused  of  such  violation,  and  also,  at  the  request  of  the 
state  commissioner  of  horticulture,  or  any  one  of  his  deputies,  to  institute  and  prosecute 
such  actions  for  condemnation  as  may  be  authorized  under  the  provisions  of  this  act. 

Effect  on  foods  and  liquors  act. 

^  16.  No  act  which  is  made  unlawful  by  any  provision  of  an  act  of  the  legislature  of 
the  state  of  California,  entitled,  "An  act  for  preventing  the  manufacture,  sale  or  trans- 
portation of  adulterated,  mislabeled  or  misbranded  foods  and  liquors  and  regulating 
the  traffic  therein,  providing  penalties,  establishing  a  state  laboratory  for  foods,  liquors 
and  drugs  and  making  an  appropriation  therefor,"  approved  March  11,  1907,  or  any 
amendment  thereto,  shall  be  deemed  lawful  by  reason  of  any  provision  of  this  act;  nor 
shall  this  act  be  construed  in  any  respect  to  limit  the  powers  of  the  state  board  of 
health. 

Appropriation. 

$  17.  The  sum  of  five  thousand  dollars  ($5,000)  is  hereby  appropriated  out  of  any 
money  in  the  state  treasury,  not  otherwise  appropriated  for  the  payment  of  the  cost  of 
printing,  lithographing,  stationery,  stamps,  clerical  assistance,  traveling  expenses  and 
salaries  of  inspectors  and  office  rentals,  incurred  by  the  state  commissioner  of  horticul- 
ture in  the  enforcement  of  this  act  during  the  fiscal  years  commencing  July  1,  1917,  and 
July  1,  1918,  respectively.  The  state  controller  is  hereby  authorized  to  draw  his  war- 
rants for  the  sum  herein  appropriated  in  favor  of  said  commissioner  and  the  state 
treasurer  is  hereby  directed  to  pay  the  same. 

C  onstitutionality . 

$  18.  If  any  section,  subsection,  sentence,  clause  or  phrase  of  this  act  is  for  any 
reason  held  to  be  unconstitutional  such  decision  shall  not  affect  the  validity  of  the 
remaining  portions  of  this  act.  The  legislature  hereby  declares  that  it  would  have 
passed  this  act,  and  each  section,  subsection,  sentence,  clause  and  phrase  thereof,  irre- 
spective of  the  fact  that  any  one  or  more  other  sections,  subsections,  sentences,  clauses 
or  phrases  be  declared  unconstiltitional. 

Stats.  1915,  p.  1386,  repealed. 

$  19.  An  act  entitled  "An  act  to  establish  a  standard  for  the  packing  and  marketing 
of  apples,  fixing  penalties  for  the  violation  of  its  provisions,  and  providing  for  its 
enforcement  and  making  an  appropriation  to  carry  into  effect  the  provisions  hereof," 
approved  June  10,  1915,  is  hereby  repealed. 

The  amending  act  of  1919  contained  the  following: 

Constitutionality. 

$  5.  If  any  section,  subsection,  sentence,  clause  or  phrase  of  this  act  is  for  any 
reason  held  to  be  unconstitutional  such  decision  shall  not  affect  the  validity  of  the 


Act  10r.l«.  8S  1-5  fJKMOKAI.    I-AWS.  812 

remaining  portions  of  this  act.  The  legislature  hereby  declares  that  it  would  have 
passed  this  act,  and  each  section,  subsection,  sentence,  clause  and  phrase  thereof,  irre- 
spective of  the  fact  that  any  one  or  more  other  sections,  subsections,  sentences,  clauses 
or  phrases  be  declared  unconstitutional. 

STANDARD  FRESH  FRUTT  PACKIXG  ACT  OF  1917. 

ACT  1654a — An  act  to  promote  the  development  of  the  California  fresh  fruit  industry 

in  state  and  interstate  markets,  and  to  protect  the  state's  reputation  in  these  markets 

by  establishing  a  standard  for  the  packing  of  certain  fresh  fruits  specified  therein, 

and  to  prevent  deception  in  the  packing,  prescribing  penalties  for  violation  of  the 

provisions  hereof,  and  repealing  all  acts  inconsistent  herewith. 

History:     Approved  May  24,   1917.     In  effect  July  27,   1917.     Stats. 
1917,  p.  909. 

Standard  for  packing  fresh  fruits. 

^  1.  To  promote  tne  deveioprnent  of  the  California  fresh  fruit  industry  and  to 
prevent  deception  in  packing  for  state  or  interstate  shipment,  there  is  hereby  created 
and  established  a  "standard"  for  the  packing  of  fresh  fruits  of  the  kinds  specified 
in  this  act. 

Application. 

$  2.  Unless  specifically  excepted  in  this  net,  all  of  its  provisions  shall  he  applicable 
to  all  fresh  fi-uits  specified  herein  when  packed,  shipped,  delivered  for  shipment,  offered 
for  sale  or  sold  in  any  container  or  subcontainer. 

Free  from  diseases. 

^  3.  All  fresh  fruits  of  the  kinds  specified  in  this  act  when  packed  shall  be  practi- 
cally free  from  insects  and  fungous  diseases. 

Fruits  exempt. 

§  4.  All  fresh  fruits  of  the  kind  specified  in  this  act,  except  citrus  fruits,  which  shall 
be  sold  in  bulk  or  loose  in  the  box  or  in  any  other  manner,  excepting  in  standardized 
packs  as  provided  in  this  act  (excepting  grapes,  which  must  conform  to  the  sugar 
standards  provided  in  section  eight  a  hereof),  shall  be  exempt  from  the  provisions 
of  this  act. 

Words  defined. 

§  5.  When  used  in  this  act  the  words  herein  mentioned  shall  be  defined  as  follows: 
"Pack,  packing  or  packed,"  shall  mean  the  regular  compact  arrangement  of  all  or  part 
of  the  fruit  in  any  container  or  subcontainer  used  for  the  purpose  of  sale  or  transpor- 
tation for  sale.  The  words  "in  bulk  or  loose  in  the  box  without  packing"  shall  moan 
the  indiscriminate  placing  without  any  thought  of  regular  arrangement  of  any  of  the 
kinds  of  fresh  fruit  mentioned  in  this  act  into  a  box,  wagon  or  other  receptacle  used  for 
the  purpose  of  sale  or  transportation  for  sale.  ^ 

The  words  "fresh  fruit"  shall  mean  the  fresh  product  of  any  tree,  vine  or  plant 
mentioned  in  this  act. 

The  word  "maturity"  shall  mean  a  degree  of  ripeness  fit  for  shipment. 

The  word  "county"  includes  a  consolidated  "city  and  county." 

The  word  "container"  shall  mean  any  box,  crate  or  other  package  used  to  hold  or 
contain  packed  fresh  fruit. 

The  word  "subcontainer"  shall  mean  any  basket  or  other  receptacle  used  within  a 
container  of  packed  fresh  f niit. 


i 


813  FRVIT.  Act  1654a,  §§  6-Sb 

Cherries. 

$  6.  All  cherries  packed  in  containers  or  subcontainers  shall  contain  cherries  well 
colored,  of  practically  uniform  size,  quality,  and  maturity  and  one  variety  only,  except- 
ing that  such  containers  may  contain  more  than  one  variety  if  such  fact  be  plainly 
stamped  on  the  outside  thereof  with  the  words  "mixed  varieties"  with  letters  not  less 
than  one-half  inch  high.  Each  container  or  subcontainer  shall  be  stamped  on  the  out- 
side with  the  minimum  weight  of  contents  and  the  container  shall  have  the  name  of 
variety  or  varieties  stamped  thereon. 

Peaches,  apricots,  pears,  etc. 

$  7,  Peaches,  apricots,  pears,  quinces,  tomatoes,  plums  and  prunes  when  packed  shall 
be  of  practically  uniform  size,  quality  and  maturity.  When  packed  in  containers  made 
up  of  two  or  more  subconiainera  having  sloping  sideSj  for  the  purpose  of  ventilation  of 
the  fresh  fruit  therein,  the  contents  shall  not  vary  in  size  more  than  ten  per  cent  in 
each  layer,  and  not  more  than  twenty  per  cent  in  the  whole  subcontainer,  and  no  layer 
below  the  top  layer  shall  contain  a  greater  numerical  count  than  the  top  layer.  Each 
container  or  subcontainer  shall  be  stamped  upon  the  outside  with  the  minimum  weight 
of  its  contents.  Each  container  shall  bear  in  plain  letters  the  name  of  the  variety  con- 
tained therein.  When  packed  in  a  container  having  perpendicular  sides  and  ends,  each 
shall  contain  approximately  the  same  numerical  count  in  each  layer;  provided,  that 
when  peaches  are  packed  in  containers  having  perpendicular  sides  the  container  shall 
also  be  marked  upon  the  outside  of  the  end  thereof  in  plain  figures  with  the  approx- 
imate number  of  peaches  in  the  box,  which  shall  be  within  four  peaches  of  the  true 
count. 

When  the  fresh  fruits  mentioned  in  this  section  are  packed  in  containers  known  to 
the  trade  as  "lug"  boxes,  the  provisions  of. this  section  appertaining  to  variety, 
numerical  count  and  marking  shall  not  apply. 

Table  grapes. 

$  8a.  Table  grapes,  when  packed,  shall  be  of  practically  uniform  quality  and  shall 
be  well  matured  and  show  a  sugar  content  of  not  less  than  seventeen  per  cent  Balling 
scale,  except  Emperor,  Gros  Coleman  and  Cornichon,  which  shall  show  not  less  than 
sixteen  per  cent  Balling  scale.  Each  crate  or  package  except  subcontainers  shall  be 
stamped  in  plain  letters  with  the  name  of  the  variety  of  grapes  therein.  Each  con- 
tainer, or  subcontainer,  shall  be  stamped  in  plain  figures  and  letters  upon  one  end  with 
a  minimum  net  weight,  and  no  container  or  subcontainer  shall  contain  less  than  the 
minimum  stamped  thereon.  Irregular  containers  in  addition  thereto,  shall  be  plainly 
marked  "irregular"  and  have  the  actual  gross  weight  stamped  thereon. 

Standard  containers  for  table  grapes. 

§  8b.     The  standard  containers  for  table  grapes  when  packed  shall  be: 

1.  Standard  crate,  which  after  packing  when  measured  at  the  end,  shall  not  exceed 
five  inches  between  the  top  and  bottom  and  when  measured  in  the  center  shall  not 
exceed  five  and  three-fourths  inches  between  the  top  and  bottom  and  containing  a 
minimum  net  weight  of  not  less  than  twenty-four  pounds. 

2.  Double  crates  containing  a  minimum  net  weight  of  not  less  than  forty-eight  pounds. 

3.  One-half  crates  containing  a  minimum  net  weight  of  not  less  than  twelve  pounds. 

4.  Thirty  pound  lugs  containing  a  minimum  net  weight  of  not  less  than  twenty  pounds. 

5.  Forty  pound  lugs  containing  a  minimum  net  weight  of  not  less  than  thirty-two 
pounds. 

6.  Fifty  pound  lugs  containing  a  minimum  net  weight  of    not  less  than  forty-two 

pounds. 


Act  1654a,  §§  9-1  la  GIDNE}RAL   LAWS.  614 

7.  Williams  lugs  containing  a  minimum  net  weight  of  not  less  than  twenty-four 
pounds. 

8.  Kegs  or  drums  packed  with  sawdust  or  other  preserving  material,  containing  a 
minimum  net  weight  of  not  less  than  twenty-nine  pounds  and  a  maximum  net  weight  of 
not  more  than  thirty-five  pounds. 

'  *  Irregular ' '  containers. 

9.  All  other  containers  of  table  grapes  shall  be  "irregular"  containers. 

Standard  container  for  berries. 

§  9.  The  standard  container  for  berries  shall  be :  Dry  quart  containing  an  interior 
capacity  of  sixty-seven  and  two-tenths  cubic  inches,  or  dry  pint  containing  an  inte- 
rior capacity  of  thirtj'-three  and  six-tenths  cubic  inches,  or  dry  one-half  pint  containing 
an  interior  capacity  of  sixteen  and  eight-tenths  cubic  inches,  or  baskets  four  and  one- 
half  by  four  and  one-half  by  two  and  one-fourth  in  depth,  or  baskets  four  and  one-half 
by  four  and  one-half  by  two  in  depth,  or  baskets  four  and  one-half  by  four  and  one- 
half  by  one  and  three-eighths  in  depth;  all  measurements  are  in  inches  or  fractions 
thereof.  All  other  sizes  shall  be  marked  "irregular."  When  packed  the  berries  in  any 
container  or  subcontainer  shall  be  practically  uniform  throughout  the  container,  or 
subeontainer,  in  quality,  color  and  maturity.  Irregular  container  shall  be  marked 
* '  irregular. ' ' 

Cantaloupes. 

$  10.  Cantaloupes  packed  in  containers  as  follows  shall  be  known  as  standard 
packed : 

Standard  crates  twelve  by  twelve  by  twenty-two  and  one-half  inches  containing 
forty-five  or  thirty-six  cantaloupes; 

Pony  crates  eleven  by  twenty-two  and  one-half  inches  containing  forty-five  or  fifty- 
four  cantaloupes; 

Jumbo  crates  thirteen  by  thirteen  by  twenty-two  and  one-half  inches  containing 
thirty-six  or  forty-five  cantaloupes ; 

Standard  flats  four  by  twelve  by  twenty-two  and  one-half  inches  containing  twelve 
or  fifteen  cantaloupes; 

Jumbo  flats  four  and  one-half  by  thirteen  and  one-half  by  twenty-two  and  one-half 
inches  containing  twelve  or  fifteen  cantaloupes. 

All  measurements  herein  to  be  inside  measurements  without  distention. 

All  other  sizes  of  containers  when  packed  shall  be  marked  "irregular."  All  standard 
packs  shall  be  marked  *  *  standard. ' '  All  containers  when  packed  shall  have  the  number 
of  cantaloupes  contained  therein  stamped  in  plain  figures  on  the  label  end  of  the  crates 
with  figures  not  less  than  one-half  inch  high.  All  cantaloupes  when  packed  shall  be 
fully  netted  of  uniform  size,  firm  and  mature,  free  from  bruises  and  practically  free 
from  aphis  honey  dew  and  other  defects. 

Sale  of  immature  or  frozen  citrus  fruits. 

§  11a.  It  shall  be  unlawful  for  any  one  to  sell,  offer  for  sale,  ship  or  deliver  for 
shipment  any  citrus  fruits,  which  are  immature  or  frozen  to  the  extent  of  injuring  the 
reputation  of  the  citrus  industry  of  the  State  of  California  if  shipped,  and  for  any  one 
to  receive  any  such  citrus  fruits  under  a  contract  of  sale,  or  for  the  purpose  of  sale, 
or  for  shipment,  or  for  delivery  for  shipment;  provided,  however,  that  nothing  in  this 
section  contained  shall  be  construed  to  prevent  the  sale  or  shipment  for  sale  of  frozen 
or  otherwise  defective  fruit  to  a  by-product  factory,  or  the  manufacture  thereof  into 
citrus  by-products;  nor  shall  this  section  apply  to  the  sale,  or  contract  or  sale,  of  citrus 
fruits  on  the  trees,  nor  shall  it  apply  to  common  carriers  or  their  agents  who  are  not 
interested  in  such  fruits  and  are  merely  receiving  the  same  for  transportation. 


815  FRUIT.  Act  1654a,  §g  llb-lS 

Matured  oranges. 

$  lib.  An  orange  shall  be  deemed  properly  matured  for  sale,  or  to  be  offered  for 
sale,  for  shipment,  or  to  be  offered  for  shipment,  under  the  provisions  of  this  act,  either 
when  the  juice  contains  soluble  solids  equal  to,  or  in  excess  of,  eight  parts  to  every 
part  of  acid  contained  in  the  juice,  the  acidity  of  the  juice  to  be  calculated  as  citric 
acid  without  water  of  crystallization,  or  when  the  orange  is  substantially  colored  on  the 
tree.  The  foregoing  provisions  shall  not  apply  to  shipments  of  oranges  to  foreign  coun- 
tries other  than  the  Dominion  of  Canada,  during  any  season,  provided  such  shipments 
are  made  after  the  first  day  of  November. 

Name  marked  on  containers. 

§  12.  All  containers  of  fruit  of  a  kind  specified  in  this  act,  except  subcontainers, 
when  packed  and  offered  for  sale,  shall  bear  upon  them  in  plain  sight  and  in  plain  let- 
ters on  the  outside  thereof,  the  name  of  the  orchard  where  the  same  was  produced,  with 
the  post-office  address  thereof,  or  the  name  and  post-office  address  of  the  person,  firm, 
company  or  corporation,  or  organization  who  shall  have  first  packed  or  authorized  the 
packing  of  the  same,  or  the  name  under  which  such  packer  shall  be  engaged  in  business, 
together  with  the  post-office  address  of  such  packer. 

Ofl&ce  of  "inspector  of  fresh  fruits"  created.    "Inspectors  in  chief  of  fresh  fruits." 

$  13.  The  office  of  "inspector  of  fresh  fruits,"  is  hereby  created  for  each  and  every 
county  in  the  state.  The  horticultural  commissioner  of  each  county,  and  all  deputy 
horticultural  commissioners  shall  be  ex  officio  inspectors  of  fresh  fruits  thereof,  and 
the  district  inspectors  under  each  county  horticultural  commissioner  are  ex  officio 
"deputy  inspectors  of  fresh  fruits"  in  their  respective  districts.  The  board  of  sui^ervi- 
sors  shall  appoint  as  many  deputy  "inspectors  of  fresh  fruits"  as  are  necessary  to 
carry  out  the  provisions  of  this  act.  Their  term  of  office  shall  be  for  such  time  as  is 
deemed  necessary  by  said  board  of  supervisors.  For  the  purpose  of  creating  and  secur- 
ing unity  in  inspection,  the  offices  of  "inspectors  in  chief  of  fresh  fruits"  are  hereby 
created,  and  the  state  commissioner  of  horticulture  and  his  chief  deputy,  for  the  pur- 
poses of  this  act,  are  hereby  made  ex  officio  such  inspectors  in  chief  and  shall,  where 
there  is  a  dispute  or  difference  between  the  inspectors  of  fresh  fruits  of  two  or  more 
counties,  or  where  the  interpretation  of  inspection  standards  between  two  or  more  coun- 
ties differs  materially,  have  the  power  and  authority  to  settle  the  dispute  between  the 
inspectors  of  fresh  fruit  of  such  counties  and  to  fix  reasonable  standards  between  such 
counties  where  they  materially  differ. 

Appointment  when  no  commissioner  of  horticulture. 

^  14.  If  in  any  county  or  city  and  county  of  this  state,  there  is  no  commissioner  of 
horticulture,  it  shall  be  the  duty  of  the  board  of  supervisors  thereof  to  appoint  an 
inspector  of  fresh  fruits  and  such  deputy  inspectors  of  fresh  fruits  as  the  said  board 
of  supervisors  shall  deem  necessary.  Such  inspectors  and  deputy  inspectors  of  fresh 
fruits  shall  be  appointed  to  serve  for  such  time  during  each  year  as  fresh  fruits  are 
being  packed  or  shipped  in  said  county  or  city  and  county.  The  salary  of  an  inspector 
of  fresh  fruits  shall  be  five  dollars  per  day  and  necessary  traveling  expenses.  The 
salary  of  a  deputy  inspector  of  fresh  fruits  shall  be  three  dollars  and  fifty  cents  per 
day  and  necessary  traveling  expenses. 

Deputy  state  commissioner  of  horticulture  assigned,  when. 

§  15.  In  case  the  board  of  supervisors  of  any  county,  or  city  and  county,  shall  fail 
or  neglect,  for  thirty  days  after  receipt  of  a  written  request  from  the  state  commissioner 
of  horticulture,  to  appoint  an  inspector  of  fresh  fruits,  or  necessary  deputy  inspectors 
of  fresh  fruits  for  such  county,  or  city  and  countj^,  then  the  said  state  commissioner  of 
horticulture  shall  forthwith  assign  to  said  county,  or  city  and  county,  one  or  more 


Act  16548,  §§  16-19  GE:XE:RAL.   LA'WS.  S16 

deputy  state  commissioners  of  horticulture,  as  he  shall  deem  necessary,  and  such  deputy 
or  deputies  shall  perform  all  of  the  duties,  within  the  said  county  or  city  and  county 
to  which  assigned,  as  is  provided  in  this  act  to  be  performed  by  an  inspector  of  fresh 
fruits.  The  actual  cost  of  services  rendered  by  an  inspector  or  deputy  inspector,  as 
the  case  may  be,  of  fresh  fruits,  assigned  to  any  county  in  pursuance  hereof,  together 
with  his  necessary  traveling  expenses  shall  be  a  county  charge  and  shall  be  paid  in  the 
same  manner  in  which  other  claims  against  the  county  are  paid. 

Removal.    Vacancy. 

§  16.  The  board  of  supervisors  shall  remove  any  inspector  of  fresh  fruits  and  the 
inspector  of  fresh  fruits  shall  remove  any  deputy  upon  proper  showing  of  neglect  of 
duty,  malfeasance  in  office,  or  general  unfitness  for  office.  Whenever  a  vacancy  in  the 
officer  of  inspector  of  fresh  fruits  or  deputy  inspector  of  fresh  fruits  occurs,  the  vacancy 
shall  immediately  be  filled  by  the  appointing  power. 

Power  of  inspector. 

§  17a.  Every  inspector  of  fresh  fruits  and  ev^ry  deputy  inspector  of  fresh  fruits 
shall  have  power  to  enter  and  to  inspect  every  place  within  the  county  for  which  he 
has  been  appointed  where  any  fruit  mentioned  in  this  act  is  produced,  packed,  shipped, 
delivered  for  shipment,  offered  for  sale  or  sold,  and  to  inspect  such  places  and  all  such 
fruits  and  the  containers  thereof  and  the  equipment  found  in  any  such  places. 

Duty  of  inspector. 

$  17b.  It  shall  be  the  duty  of  the  inspectors  or  deputy  inspectors  of  fresh  fruits  in 
their  respective  districts  to  enforce  the  provisions  of  this  act  and  to  cause  the  prosecu- 
tion of  any  person,  firm,  corporation  or  organization,  whom  they  know  or  have  reason 
to  believe  is  guilty  of  the  violation  of  its  provisions. 

Inspectors  have  powers  of  peace  oScers. 

5  17c.  An  inspector  or  deputy  inspector  of  fresh  fruits  in  the  performance  of  their 
duties  shall  have  the  same  powers  as  are  possessed  by  peace  officers  of  the  city,  county 
or  state  and  shall  have  the  right  while  exercising  such  police  powers  to  seize  and  hold 
as  evidence  such  amount  of  any  pack,  load,  consignment  or  shipment  of  fresh  fruit 
packed  in  violation  of  this  act,  as  may  in  his  judgment  be  necessary  to  secure  the 
conviction  of  the  party  he  knows  or  believes  has  violated  or  is  violating  this  act. 

Duty  of  district  attorney. 

§  17d.  It  shall  be  the  duty  of  the  district  attorney  of  each  and  every  county  in  the 
state  to  prosecute  all  persons  charged  with  any  violation  of  this  act. 

Lawful  to  refuse  shipments  in  violation  of  act. 

§  18.  It  shall  be  lawful  for  any  fresh  fruit  forwarding  person,  firm,  corporation  or 
organization  and  for  any  common  carrier  to  decline  to  accept  for  shipment  or  transpor- 
tation and  to  decline  to  ship  or  transport  any  fresh  fruits  which  upon  inspection  are 
found  to  be  packed  in  violation  of  the  provisions  of  this  act,  and  any  such  fruit  for- 
warder or  common  carrier  may  reserve  the  right  in  any  receipt,  bill  of  lading  or  other 
written  writing  given  to  the  consignor,  thereof,  to  reject  for  shipment  and  to  return  to 
such  consignor  or  hold  at  the  expense  and  risk  of  the  latter,  all  fresh  fruits  which  ujion 
inspection  are  found  to  be  packed  in  violation  of  the  provisions  of  this  act. 

Penalty  for  violation. 

§  19.  No  person,  firm,  corporation,  company  or  organization  shall  pack  or  cause  to  be 
packed  for  sale  or  shipment,  or  shall  ship  or  sell  or  offer  for  sale  fruit  which,  or  the 
container  or  subcontainer  in  which,  the  same  shall  be  contained,  shall  in  any  respect 
fail  to  comply  with  the  requirements  of  this  act. 


817  FRUIT.  Act  1654b,  §§  1-5 

Any  person,  firm,  corporation,  company  or  organization  who  shall  violate  the  provi- 
sions of  this  act  shall  be  deemed  to  be  guilty  of  a  misdemeanor. 

Conflicting  laws. 

'  §  20.     All  laws  in  conflict  with  this  act  or  any  part  thereof  are  hereby  repealed  only 
in  so  far  as  they  may  conflict  with  any  of  the  provisions  of  this  act. 

Constitutionality. 

$  21.  If  any  section,  subsection,  sentence,  clause,  or  phrase  of  this  act  is  for  any 
reason  held  to  be  unconstitutional,  such  decision  shall  not  affect  the  validity  of  the 
remaining  portions  of  this  act.  The  legislature  hereby  declares  that  it  would  have 
passed  this  act,  and  each  section,  subsection,  sentence,  clause,  or  phrase  thereof,  irre- 
spective of  the  fact  that  any  one  or  more  other  sections,  subsections,  sentences,  clauses 
or  phrases  be  declared  unconstitutional. 

SULPHUR  STANDARD  FOR  SULPHURING  FRUITS  AND  FOODS. 
ACT  1654b — An  act  to  prevent  the  sale  and  use  of  sulphur  containing  material  quan- 
tities of  arsenic  for  the  purpose  of  sulphuring  fruits  or  other  foods;  to  provide  a 
standard  for  sulphur  for  sulphuring  fruits  or  other  foods,  and  to  provide  penalties 
for  the  violation  of  the  provisions  hereof. 

History:   Approved  May  2,  1919.    In  effect  July  22,  1919.    Stats.  1919, 
p.  282. 

Amount  of  arsenic  permitted  in  sulphur. 

§  1.  No  person,  firm,  company  or  corporation  shall  sell,  offer  for  sale,  or  keep  for 
sale  sulphur  containing  more  than  ten  parts  per  million  of  arsenic  oxide  (AS2O3)  for 
the  purpose  of  sulphuring  fruits  or  other  foods. 

Definition. 

$  2.  For  the  purposes  of  this  act  the  term  "sulphur  for  sulphuring  fruits  or  other 
foods ' '  shall  be  construed  to  mean  sulphur  which  contains  not  more  than  ten  parts  per 
million  of  arsenic  oxide  (AS2O3). 

Sale. 

5  3.  No  person,  dealer,  jobber,  firm,  company  or  corporation  shall  sell,  keep  for  sale, 
or  offer  for  sale  sulphur  for  sulphuring  fruits  or  other  foods  which  contains  more  than 
ten  parts  per  million  of  arsenic  oxide  (AS2O3).  Every  package,  parcel,  bag  or  container 
of  sulphur  for  sulphuring  fruits  or  other  foods  shall  be  labeled  or  tagged,  and  said  label 
or  tag  shall  contain  the  words  in  bold  faced  type,  not  less  than  one-fourth  inch  in 
height,  "Sulphur  for  sulphuring  fruits  or  other  foods."  Said  label  or  tag  shall  also 
contain  the  name  and  address  of  the  person,  firm,  company  or  corporation  which  manu- 
factures, prepares  or  packs  the  sulphur. 

Use. 

$  4.  No  person,  firm,  company  or  corporation  shall  use  sulphur  containing  more  than 
ten  parts  per  million  of  arsenic  oxide  (AS2O3)  for  the  purpose  of  sulphuring  fruits  or 
other  foods. 

Penalty. 

$  5.  Any  person,  firm,  company  or  corporation  which  violates  any  provision  of  this 
act  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  shall  be  punished  by  a  fine 
of  not  less  than  five  dollars,  nor  more  than  five  hundred  dollars,  or  shall  be  imprisoned 
in  the  county  jail  for  a  term  not  exceeding  six  months,  or  by  both  such  fine  and 
imprisonment. 

Gen.  Laws — 52 


Act  1654c,  §§  1-3  GENERAL.   LAWS.  818 

Enforcement  by  state  board  of  health. 

$  6.  The  state  board  of  health  is  hereby  empowered  to  enforce  the  provisions  of  this 
act  and  to  prescribe  the  form  of  tags,  or  labels  to  be  used,  and  to  prescribe  and  enforce 
such  rules  and  regulations  as  it  may  deem  necessary  to  ca^rry  into  effect  the  full  intent 
and  meaning  of  this  act. 

STANDARD  FRUIT  AND  VEGETABLE  ACT  OF  1919. 

ACT  1654c — An  act  to  promote  the  development  of  the  California  fruit  and  vegetable 

industry  in  state  and  interstate  markets,  and  to  protect  the  state's  reputation  in  these 

markets  by  establishing  standards  and  standard  packages  for  certain  fruits  and 

vegetables  specified  therein,  and  to  prevent  deception  in  fruit  packages,  prescribing 

penalties  for  violation  of  the  provisions  hereof  and  making  an  appropriation  for  the 

enforcement  of  the  provisions  hereof,  and  repealing  all  acts  inconsistent  herewith. 

History:  Approved  May  27,  1919.  In  effect  July  27,  1919.  Stats. 
1919,  p.  1221.  This  act  superseded  both  the  acts  of  1915  and  1917  in 
certain  features.    See  Acts  1652  and  1654a. 

Standard  packages  for  fruits,  etc.,  established. 

$  1.  To  promote  the  development  of  the  California  fresh  fruit,  nut  and  vegetable 
industry  and  to  prevent  deception  in  fruit  or  vegetable  packages  for  state  or  iuterstate 
shipment,  there  are  herebj'  created  and  established  certajn  standards  and  standard  pack- 
ages for  apricots,  almonds,  walnuts,  beriies,  cantaloupes,  cherries,  grapes,  oranges, 
peaches,  pears,  plums,  prunes,  quinces,  tomatoes,  onions,  sweet  potatoes  and  potatoes. 

§  2.  All  fresh  fruits,  nuts  and  vegetables  of  the  kind  specified  in  section  one  of  this 
act,  exce^jt  oranges  whicli  shall  be  governed  by  the  provisions  of  section  nine,  and 
except  such  fruits  ahd  vegetables  for  which  special  grades  shall  be  established  under 
section  three  of  this  act,  when  being  packed,  or  after  packing,  or  when  shipped,  deliv- 
ered for  shipment,  offered  for  sale  or  sold,  in  any  container  or  subcontainer,  shall  be 
mature  but  not  overripe,  well  colored  for  the  variety  and  locality,  virtually  uniform  in 
quality,  virtually  free  from  insect  and  fungous  pests,  rots,  bruises,  frost  injury,  sun- 
burn and  other  serious  defects,  and,  except  in  the  case  of  unpacked  fruit  or  vegetables, 
shall  be  virtually  uniform  in  size.  When  packed  in  layers  there  shall  be  approximately 
the  same  numerical  count  in  each  layer  throughout  a  container  or  subcontainer  having 
straight  sides.  In  the  case  of  sloping  side  containers  no  layer  below  the  top  layer  shall 
contain  a  greater  numerical  count  than  the  top  layer. 

Enforcement  by  commissioner  of  horticulture. 

§  3.  The  state  commissioner  of  horticulture  is  hereby  empowered,  through  his  depu- 
ties and  the  inspectors  of  fresh  fruit  and  vegetables  of  each  county  in  the  state,  to 
enforce  all  the  provisions  of  this  act,  and  to  estal)lish  and  enforce  such  grades  and 
grading  rules  as  may  be  deemed  necessary  after  a  thorough  investigation  has  been  made 
of  the  needs  of  the  particular  fruit  or  vegetable  for  which  grades  are  contemplated. 
Such  grades  and  grading  rules  must,  before  they  become  effective,  be  approved  in  one 
or  more  public  meetings  attended  or  represented  by  at  least  fifty  per  cent  of  the  growers 
and  shippers  of  that  locality  interested  in  the  industry  affected.  Such  meetings  shall 
be  widely  advertised  in  a  newspaper  published  in  that  locality  for  at  least  two  weeks 
prior  to  the  meetings;  said  meetings  shall  be  presided  over  by  the  state  commissioner 
of  horticulture,  or  any  of  his  deputies,  and  shall,  in  so  far  as  possible  and  practicable, 
be  conducted  at  places  that  can  be  conveniently  reached  by  representatives  of  the 
affected  industry.  In  like  manner  the  state  commissioner  of  horticulture  may  provide 
for  standard  packages  other  than  those  provided  for  in  section  six  of  this  act.  Grades 
and  grading  rules  established  in  accordance  with  the  provisions  of  this  section  shall  not 
be  modified,  nor  shall  standard  packages  which  have  been  established  be  changed  during 


^ 


819  FRUIT.  Act  1654c,  g{    (-6 

the  current  shipping  season  of  the  fruits  or  vegetables  for  which  such  grades  or  standaxd 
packages  were  established. 

Exemptions. 

$  4.  All  fresh  fruits  or  vegetables  of  the  kind  specified  in  this  act  for  use  in  the 
manufacture  of  by-products,  shall  be  exempt  from  the  provisions  of  this  act,  and  any 
inspector  or  deputy  inspector  of  fresh  fruits  and  vegetables  may  require  from  the 
owner  or  shipper  of  such  fruits  or  vegetables  such  proof  as  he  may  deem  necessary  that 
they  will  be  used  in  the  manufacture  of  by-products,  and  shall  hold  same  until  satisfac- 
tory proof  is  given. 

Definitions. 

$  5.  When  used  in  this  act  the  words  herein  mentioned  shall  be  defined  as  follows : 
"Packages"  shall  mean  any  box,  basket,  barrel,  drum,  or  crate  used  as  a  container  or 
subcontainer  for  fruits  or  vegetables.  "Pack,  packing  or  packed,"  shall  mean  the 
regular  compact  arrangement  of  all  or  part  of  the  fruit  or  vegetables  in  any  container 
or  subcontainer  used  for  the  pui*pose  of  sale  or  transportation  of  sale.  "Deceptive 
pack"  shall  mean  any  package  of  fruits  or  vegetables,  which  has  in  the  outer  layer  or 
the  exposed  surface  fruit  or  vegetables  which  are  so  superior  in  quality  or  condition  to 
those  in  the  interior  of  the  package,  or  the  unexposed  portion,  as  to  materially  misrep- 
resent the  entire  contents.  "Fresh  fruit  (except  oranges)  or  fresh  vegetables"  shall 
mean  the  fresh  product  of  any  tree,  vine  or  plant  mentioned  in  this  act.  "Mature" 
shall  mean  a  degree  of  ripeness  fit  for  shipment.  "Virtually  uniform  in  size"  shall 
mean  in  the  ease  of  packed  fruits  a  difference  in  size  of  the  various  fruits  as  follows: 
pears,  peaches  and  quinces,  a  variation  of  not  more  than  one-quarter  of  an  inch  when 
measured  through  widest  portion  of  cross-section;  apricots,  plums,  prunes,  cherries  and 
berries,  a  variation  of  not  more  than  one-eighth  of  an  inch  when  measured  through 
widest  portion  of  cross-section.  "Virtually  free"  from  insect  and  fungous  pests,  rots, 
bruises,  frost  injury,  sunburn  and  other  serious  defects,  shall  mean  that  the  total  defects 
shall  not  exceed  ten  per  cent  in  any  one  package  of  fruits  or  vegetables,  and  excepting 
grapes  that  there  shall  not  be  more  than  three  per  cent  of  any  one  defect.  "By- 
product" shall  mean  any  product  manufactured  from  fresh  fruits,  fresh  vegetables,  or 
their  juices.  "County"  shall  include  in  its  meaning  a  consolidated  city  and  county. 
"Container"  shall  mean  any  box,  crate  or  other  package  utilized  in  handling  fresh  fruit 
or  vegetables.  "Subcontainer"  shall  mean  any  basket  or  other  receptacle  used  within 
a  container.    "Substantially  colored"  shall  mean  at  least  seventy  per  cent  color. 

Specifications  for  standard  containers. 

§  6.     Standard  containers  are  hereby  established  as  follows: 

(1)  Standard  apricot,  plum  and  grape  basket,  approximately  eight  inches  square  on 
top,  six  and  one-half  inches  on  bottom  and  four  inches  deep,  inside  measurements. 

(2)  Standard  berry  baskets,  dry  pint  containing  an  interior  capacity  of  approxi- 
mately thirty-three  and  six-tenths  cubic  inches  and  dry  one-half  pint  containing  interior 
capacity  of  approximately  sixteen  and  eight-tenths  cubic  inches. 

(3)  Depth  Width         Length 
'                                                                                                                                 inside  inside         outside 

Standard  pear  box 81/2"  HVa"  19%" 

Half  pear  box 41/2"  II1/2"  1934" 

Standard  peach  box 414"  lli/g"  19%" 

Standard  peach  box 41/2"  liy2"  19%" 

Standard  peach  box 4%"  III/2"  19%" 

Standard  crates   414"  16     "  171/2" 

Standard  crates   4i'2"  16     "  171/2" 

Standard  crates   4%"  16     "  17i/^" 


Act  1C54C,  §§  7-9  CENKRAL   LAAVS.  S20 

(4)  Standard  grape  crates 4'14"        16    "        17%" 

with  heavy  cleat  11/16"  by  11/16" 

(5)  Standard  grape  drum 14    "        15%"         

containing  2923  cubic  inches 

(6)  Standard  grape  keg 

•    containing  2923  cubic  inches 

(7)  Standard   lug  box 53.4"         14     "         I71/2" 

(8)  Standard  cherry  lug 41/2"        111/2"        19%" 

(81/2)   Standard  cherry  lug 41/2"  9     "         19%" 

(9)  Standard  cherry  box 21/4"  9     "        193/4" 

(10)   Standard  cantaloupe  crates,  twelve  inches  by  twelve  inches  by  twenty-two  and 

one-half  inches,  to  be  packed  with  thirty-six  or  forty-five  cantaloupes;  four  inches  by 
twelve  inches  by  twenty-two  and  one-half  inches,  to  be  packed  with  twelve  or  fifteen 
cantaloupes;  eleven  inches  by  eleven  inches  by  twenty-two  and  one-half  inches,  to  be 
packed  with  forty-five  or  fifty-four  cantaloupes;  thirteen  inches  by  thirteen  inches  by 
twenty-two  and  one-half  inches,  to  be  packed  with  thirty-six  or  forty-five  cantaloupes; 
four  and  one-half  by  thirteen  and  one-half  by  twenty-two  and  one-half  inches,  eontain- 
srg  twelve  or  fifteen  cantaloupes. 

Labels  for  fruit  containers. 

§  7.  All  containers  of  fruit  of  a  kind  specified  in  this  act,  except  subcontainers,  when 
packpd  and  offered  for  sale,  shall  bear  ujoon  them  in  plain  sight  and  in  plain  letters  on 
the  outside  thereof  the  following :  Name  of  the  orchard  where  the  same  was  produced, 
with  the  post-office  address  thereof,  or  the  name  and  post-office  address  of  the  person, 
firm,  company  or  corporation,  or  organization  who  shall  have  first  packed  or  authorized 
the  packing  of  the  same,  or  the  name  under  which  such  packer  shall  be  engaged  in 
business,  together  with  the  post-ofiice  address  of  such  packer;  name  of  variety  if  known, 
and  when  not  known  the  words  "unknown  variety";  minimum  net  weight  or  approx- 
imate number  of  fruits  in  the  container  or  subcontainer,  which  number  shall  be  within 
four  of  the  true  count,  and  no  container  or  subcontainer  shall  have  less  than  the  min- 
imum stamped  thereon.  When  two  or  more  varieties  are  packed  or  placed  in  a  con- 
tainer, they  shall  be  labeled  "mixed  varieties";  provided,  that  pears  and  peaches,  when 
packed,  shall  have  the  correct  number  within  four  placed  on  the  container. 

Subcontainers  exempt. 

Standard  or  other  containers  when  used  as  subcontainers  are  exempt  from  the  provi- 
sions regarding  marking,  when  the  container  in  which  they  are  placed  is  marked  in 
compliance  with  the  terms  of  this  section.  No  containers  or  subcontainers  of  fresh 
fruits  or  vegetables  shall  bear  grade  or  other  designations  that  are  in  any  way  false 
or  misleading. 

Standard  containers.    "Irregular  container." 

$  8.  After  January  1,  1920,  all  fresh  fruits  of  the  kinds  specified  in  this  act,  except 
such  as  shall  be  used  in  the  manufacture  of  by-products,  when  prepared  or  offered  for 
sale  or  sold,  shall  be  packed  or  placed  in  standard  containers,  which  are  hereby  estab- 
lished, and  shall  conform  to  all  provisions  of  this  act;  provided,  that  other  sized  con- 
tainers may  be  used  if  conspicuously  marked  in  letters  not  less  than  one-quarter  inch 
high,  "irregular  container." 

Standard  for  table  grapes.     Standard  for  oranges. 

§  9.  In  addition  to  the  standards  prescribed  in  section  two  of  this  act,  table  grapes 
shall  show  a  sugar  content  of  not  less  than  seventeen  per  cent  Balling  scale,  except 
Emperor,  Gros  Coleman  and  Cornichon,  vrhich  shall  show  not  loss  than  sixteen  per  cent 


S21  FRl  IT.  Act  1G54C,  §§  10,  H 

Balling  scale.  Oranges  shall  be  deemed  properly  matured  for  shipment  or  sale  under 
the  provisions  of  this  act  when  the  juice  contains  soluble  solids  equal  to  or  in  excess 
of  eight  parts  to  every  part  of  acid  contained  in  the  juice,  the  acidity  of  the  juice  to  be 
calculated  as  citric  acid  withoi;t  water  of  crystallization;  provided,  that  the  oranges 
have  attained  at  least  twenty-five  per  cent  yellow  or  orange  color  before  picking,  and 
oranges  which  are  substantially  or  at  least  seventy  per  cent  colored  at  the  time  of 
picking  shall  be  deemed  properly  matured  for  shipment  or  sale,  irrespective  of  analysis 
of  the  juice.  When  packed,  shipped,  delivered  for  shipment,  offered  for  sale  or  sold, 
oranges  shall  be  virtually  free  from  insect  and  fungous  diseases  and  other  serious 
defects.  Oranges  shall  be  considered  unfit  for  shipment  when  frosted  to  the  extent  of 
endangering  the  reputation  of  the  citrus  industry,  if  shipped.  The  foregoing  provisions 
shall  not  apply  to  shipments  of  oranges  to  foreign  countries  other  than  the  dominion 
of  Canada,  during  any  season,  provided  such  shipments  are  made  after  the  first  day  of 
November. 

Inspectors  of  fresh  fruit  and  vegetables. 

$10.  The  office  of  "inspector  of  fresh  fruit  and  vegetables"  is  hereby  created  for 
each  and  every  county  in  the  state.  The  horticultural  commissioner  of  each  county,  and 
all  deputy  horticultural  commissioners  shall  be  ex  officio  inspectors  of  fresh  fruits 
and  vegetables  thereof,  and  the  inspectors  under  each  county  horticultural  commissioner 
are  ex  ofQcio  "deputy  inspectors  of  fresh  fruits  and  vegetables"  in  their  respective 
counties.  The  county  horticultural  commissioner  shall  appoint  as  many  deputy  "in- 
spectors of  fresh  fruits"  as  are  necessary  to  carry  out  the  provisions  of  this  act. 
Their  term  of  office  shall  be  for  such  time  as  is  deemed  necessary  by  said  board  of 
supervisors.  The  offices  of  "inspectors  in  chief  of  fresh  fruits  and  vegetables"  are 
hereby  created,  and  the  state  commissioner  of  horticulture  and  his  chief  deputj^,  for  the 
purposes  of  this  act,  are  hereby  made  ex  officio  such  inspectors  in  chief.  It  shall  be 
the  duty  of  the  "ex  officio  inspectors  in  chief  of  fresh  fruits  and  vegetables"  to  secure 
strict  and  uniform  enforcement  of  the  provisions  of  this  act  throughout  the  state,  and 
for  that  purpose,  immediately  after  this  act  becomes  a  law,  the  state  commissioner  of 
horticulture  shall  appoint  two  state  inspectors  of  fresh  fruits  and  vegetables,  each 
of  whom  shall  receive  a  salary  of  two  thousand  four  hundred  dollars  per  annum  and 
necessary  traveling  expenses  when  engaged  in  the  duties  of  enforcing  this  act. 

Appointed  by  supervisors.    Compensation. 

5  11.  If  in  any  county,  or  city  and  county,  of  this  state  there  is  no  commissioner  of 
horticulture,  it  shall  be  the  duty  of  the  board  of  supervisors  thereof  to  appoint  an 
inspector  of  fresh  fruits  and  vegetables  and  such  deputy  inspectors  of  fresh  fruits  and 
vegetables  as  shall  be  deemed  necessary.  Such  inspectors  and  deputy  inspectors  of 
fresh  fruits  and  vegetables  shall  be  appointed  to  serve  for  such  time  during  each  year 
as  fresh  fruits  and  vegetables  are  being  packed  or  shipped  in  said  county,  or  city  and 
county.  Inspectors  of  fresh  fruits  and  vegetables  thus  appointed  shall  receive  six 
dollars  per  day  and  necessary  traveling  expenses.  The  salary  of  a  deputy  inspector  of 
fresh  fruits  and  vegetables  shall  be  five  dollars  per  day  and  necessary  traveling  expenses. 
In  case  the  board  of  supervisors  of  any  county,  or  city  and  county,  shall  fail  or  neglect, 
for  thirty  days  after  receipt  of  a  written  request  from  the  state  commissioner  of 
horticulture,  to  appoint  an  inspector  of  fresh  fruits  and  vegetables,  or  necessary  deputy 
inspectors  of  fresh  fruits  and  vegetables  for  such  county,  or  city  and  county,  then  the 
said  state  commissioner  of  horticulture  shall  forthwith  assign  to  said  county,  or  city 
and  county,  one  or  more  deputy  state  commissioners  of  horticulture,  as  he  shall  deem 
necessary,  and  such  deputy  or  deputies  shall  perform  all  of  the  duties  within  the  said 
county,  or  city  and  county,  to  which  assigned,  as  are  provided  in  this  act  to  be  per- 
formed by  an  inspector  of  fresh  fruits  and  vegetables.     The  actual  cost  of  services 


Act  1654c,  §g  12-15 


GENERAL,   LAAVS. 


rendered  by  an  inspector  or  deputy  inspector,  as  the  case  may  be,  of  fresh  fruits  and 
vegetables,  assigned  to  any  county  in  pursuance  hereof,  together  with  his  necessary 
traveling  expenses,  shall  be  a  county  charge  and  shall  be  paid  in  the  same  manner  in 
which  other  claims  against  the  county  are  paid. 

Powers  and  duties  of  inspector. 

§  12.  Every  inspector  of  fresh  fruits  and  vegetables  and  every  deputy  inspector  of 
fresh  fruits  and  vegetables  shall  have  power  to  enter  and  to  inspect  every  place  within 
the  county  for  which  he  has  been  appointed  where  any  fruit  or  vegetables  mentioned  in 
this  act  are  produced,  stored,  packed,  shipped,  delivered  for  shipment,  offered  for  sale 
or  sold,  and  to  inspect  such  places  and  all  such  fruits  and  vegetables  and  the  containers 
thereof  and  the  equipment  found  in  any  such  places.'  It  shall  be  the  duty  of  the  inspec- 
tors or  deputy  inspectors  of  fresh  fruit  or  vegetables  in  their  respective  districts  to 
enforce  the  provisions  of  this  act  and  to  cause  the  prosecution  of  any  person,  firm, 
corporation  or  organization,  whom  they  know  or  have  reason  to  believe  to  be  guilty  of 
the  violation  of  any  of  its  provisions.  Any  inspector  or  deputy  inspector  of  fresh  fruits 
and  vegetables  in  the  performance  of  his  duties  shall  have  the  same  powers  possessed 
by  peace  officers  of  the  city,  county,  or  state,  and  shall  have  the  right  while  exercising 
such  police  powers  to  seize  and  hold  as  evidence  part  or  all  of  any  pack,  load,  consign- 
ment or  shipment  of  fresh  fruits  or  vegetables  packed,  in  violation  of  this  act,  as  may 
in  his  judgment  be  necessary  to  secure  the  conviction  of  the  party  he  knows  or  believes 
has  violated  or  is  violating  any  of  the  provisions  of  this  act.  He  may  start  proceed- 
ings in  any  court  of  the  county,  or  city  and  county,  within  his  jurisdiction  to  secure  the 
conviction  of  the  party  or  parties  who  have  violated  any  of  the  provisions  of  the  act 
It  shall  be  the  duty  of  the  district  attorney  of  said  county,  or  city  and  county,  in 
which  any  violation  of  this  act  may  occur,  to  prosecute  the  person,  firm,  company,  organ- 
ization or  corporation  accused  of  such  violation  and  also,  at  the  request  of  the  state 
commissioner  of  horticulture,  or  any  one  of  his  deputies,  to  institute  and  prosecute  such 
action  for  condemnation  as  may  be  authorized  under  the  provisions  of  this  act. 

Refusal  to  ship. 

§  13.  It  shall  be  lawful  for  any  fresh  fruit  or  vegetables  forwarding  person,  firm, 
corporation  or  organization  and  for  any  common  carrier  to  decline  to  ship  or  transport 
any  fresh  fruits  or  vegetables,  which  upon  inspection  are  found  to  be  packed  in  viola- 
tion of  the  provisions  of  this  act,  and  any  such  fruit  or  vegetables  forwarder  or  common 
cai-rier  may  reserve  the  right  in  any  receipt,  bill  of  lading  or  other  Avriting  given  to 
the  consignor  thereof,  to  reject  for  shipment  and  to  return  to  such  consignor  or  hold 
at  the  expense  and  risk  of  the  latter  all  fresh  fruits  or  vegetables  which  upon  inspection 
are  found  to  be  packed  in  violation  of  the  provisions  of  this  act. 

Penalty  for  violation. 

^  14.  It  shall  be  unlawful  for  any  person,  firm,  company,  organization  or  corpora- 
tion, to  pack  or  cause  to  be  packed  for  sale  or  shipment,  import,  sell,  offer  for  sale,  or 
deliver  for  shipment  any  of  the  fresh  fruits  or  vegetables  specified  in  this  act  that  do 
not  conform  to  the  standards  herein  provided.  It  shall  also  be  unlawful  to  prepare,  sell 
or  offer  for  sale,  a  deceptive  pack  of  fresh  fruits,  fresh  veeretables  or  dried  fruits  or 
dried  vegetables  or  to  mislabel  any  package  of  any  such  fruits  or  vegetables.  Any 
person,  firm,  corporation,  company  or  organization  who  shall  violate  any  of  the  provi- 
sions of  this  act  shall  be  deemed  to  be  guilty  of  a  misdemeanor. 


Repealed. 

^  15.    All  laws  in  conflict  with  this  act  are  hereby  repealed. 


823  FUNDS.  Act  1638 

C  onstitutionality. 

§  16.  If  any  section,  subsection,  sentence,  clause  or  phrase  of  this  act  is  for  any 
reason  held  to  be  unconstitutional,  such  decision  shall  not  affect  the  validity  of  the 
remaining  portions  of  this  act.  The  legislature  hereby  declares  that  it  would  have 
passed  this  act,  and  each  section,  subsection,  sentence,  clause,  or  phrase  thereof,  irre- 
spective of  the  fact  that  any  one  or  more  sections,  subsections,  sentences,  clauses  or 
phrases  be  declared  unconstitutional. 

Appropriation. 

§  17.  The  sum  of  seven  thousand  five  hundred  dollars  per  annum  is  hereby  appropri- 
ated out  of  any  money  in  the  state  treasury 'not  otherwise  appropriated  to  be  used  in 
the  enforcement  of  the  provisions  of  this  act. 

rULLERTON. 

See  Act  3094,  note. 


CHAPTER  127. 

FUNDS. 

References:   See,  generally,  tits.  "Banks";  "Bonds";  "Treasurer." 

County  funds,  see  Kerr's  Cyc.  Political  Code,  tit.  "County  Government.'* 
Fish  and  game  preservation  fund,  see  Act  1694. 
Municipal  funds,  see  tit.  "Municipal  Corporations." 
Particular  funds,  see  particular  title. 

CONTENTS  OF  CHAPTER. 

ACT  1656.     Conversion  of  Balances  of  Unexpended  Appropriations. 

1657.  Keversion  of  Balances  of  Unexpended  Appropriations. 

1658.  Transfer  of  Money  From  Salary  Fund  to  the  Printing  Fund  of  the  Noemal 

School  at  San  Francisco. 

1659.  Transfer  of  Money  to  the  General  Fund  From  Certain  Funds. 

1660.  Loan  to  General  Fund  From  School  Land  Fund. 

1661.  Transfer  of  Money  From  State  Drainage  Construction  Fund  to  General 

Fund. 

1662.  Transfer  of  Money  From  Construction  Fund  Drainage  District  No.  1  to 

General  Fund. 

1663.  Transfer  of  Money  From  the  General  Fund  to  Otheb  Funds. 

1664.  Redemption  of  Coupons  Civil  Bonds  of  1857. 

1665.  Redemption  of  Coupons  C.  P.  R.  R.  Bonds  of  1864. 

1666.  Payment  of  State  Moneys  into  the  Treasury. 

1667.  Payments  From  the  Swamp  Land  Fund  to  the  Several  Counties. 
1667a.  Return  of  Payments  Under  §  570,  Code  Civil  Procedure. 

1669.  Investment  and  Reinvestment  of  County  and  Municipal  Sinking  Funds. 

1670.  Investment  and  Reinvestment  of  Surplus  Moneys  of  Counties  and  Munici- 

palities. 

1671.  Investment  and  Reinvestment  of  Surplus  Money  of  State. 

1673.  Authorizing  Deposit  of  State  Money  in  Banks. 

1674.  Authorizing  Deposit  of  County  and  Municipal  Money  in  Banks. 

CONVERSION  OF  BALANCES  OF  UNEXPENDED  APPROPRIATION. 
ACT  1656 — An  act  to  convert,  transfer  and  return  to  the  general  fund  of  the  state 
treasury,  all  unexpended  moneys  heretofore  appropriated  for  the  care,  management 
or  improvement,  or  for  any  other  purpose,  with  reference  to  the  "Yosemite  vaUey 
and  Mariposa  big  tree  grove"  or  any  money  which  may  be  or  hereafter  come  into 
the  Yosemite  valley  and  Mariposa  big  tree  grove. 

History:    Approved  March  15,  1901,  Stats.  1907.  p.  268. 


Acts  1657-16G3  GtlNERAL,   LAWS.  824 

REVERSION  OF  BALANCES  OF  UNEXPENDED  APPROPRIATIONS. 

ACT  1657 — An  act  to  provide  for  tlie  reversion  of  unexpended  balances  of  certain 

appropriations. 

History:    Approved  June  13,  1913.    In  effect  August  10,  1913.     Stats. 
1913,  p.  809. 

Reversion  of  unexpended  balances. 

{  1.  No  money  shall  hereafter  be  paid  out  of  the  general  fund  of  the  state  treasury 
for  or  on  account  of  any  appropriation  made  by  the  legislature  of  the  state  of  Califor- 
nia prior  to  the  first  day  of  January,  nineteen  hundred  and  six;  but  all  unexpended 
balances  of  all  such  appropriations  shall  revert  to  and  become  a  part  of  the  unappropri- 
ated moneys  in  the  general  fund;  provided,  that  nothing  herein  contained  shall  be  so 
construed  as  to  repeal  or  otherwise  affect  any  act  providing  for  the  transfer  of  moneys 
from  the  general  fund  for  the  benefit  of  the  elementary  schools,  the  high  schools,  the 
university,  the  interest  and  sinking  fund,  or  any  other  bond  interest  fund;  provided, 
also,  that  this  act  shall  not  in  any  manner  affect  acts  creating  statutory  salaries,  or 
acts  whereby  the  regular  annual  expenditure  of  fixed  sums  for  any  public  purpose  is 
provided  for.    All  acts  or  parts  of  acts  inconsistent  herewith  are  hereby  repealed. 

SAN  FRANCISCO  STATE  NORMAL— TRANSFER  OF  MONEY  FROM  THE 

SALARY  TO  THE  PRINTING  FUND. 

ACT  1658 — An  act  authorizing  the  transfer  of  moneys  from  the  salary  fund  of  the 

state  normal  school  at  San  Francisco  to  the  printing  fund  of  said  schooL 

History:    Approved  March  19,  1907,  Stats.  1907,  p.  687. 

TRANSFER  OF  MONEY— CERTAIN  FUNDS  TO  GENERAL  FUND,  ABOLISHING 

CERTAIN  FUNDS. 

ACT  1659 — An  act  authorizing  the  controller  and  treasurer  to  transfer  to  the  general 
fund  all  moneys  now  in  the  election  reward  fund,  the  leprosy  fund,  and  interest  and 
sinking  fund,  levee  district  No.  5,  and  abolishing  the  leprosy  fund  and  interest 
and  sinking  fund,  levee  district  No.  5. 

History:    Approved  February  23,  1893,  Stats.  1893,  p.  6. 

LOAN  TO  GENERAL  FUND  FROM  SCHOOL  LAND  FUND. 
ACT  1660 — An  act  to  provide  for  the  loan  from  the  school  land  fund  to  the  state  of 
California  of  the  sum  of  two  hundred  fifty  thousand  dollars,  providing  for  the  trans- 
fer of  said  amount  from  the  school  land  fund  to  the  general  fund  and  for  the  repay- 
ment of  said  amount  with  interest  thereon,  and  authorizing  the  controller  to  transfer 
moneys  from  the  school  land  fund  to  the  general  fund  and  from  the  general  fund  to 
the  school  land  fund  and  from  the  general  fund  to  the  state  school  fund  to  carry 
out  the  purposes  of  this  act. 

History:    Approved  March  20,  1907,  Stats.  1907,  p.  752. 

TRANSFER  FROM  STATE  DRAINAGE  CONSTRUCTION  FUND  TO  GENERAL 

FUND. 
ACT  1661 — An  act  authorizing  the  treasurer  and  controller  to  transfer  moneys  from  the 
state  drainage  construction  fund  to  the  general  fund. 

History:    Approved  March  31,  1891,  Stats.  1891,  p.  237. 

TRANSFER  OF  MONEY  FROM  CONSTRUCTION  FUND  DRAINAGE  DISTRICT 

NUMBER  ONE  TO  GENERAL  FUND. 
ACT  1662 — An  act  to  authorize  the  controller  and  treasurer  to  transfer  moneys  from 
the  construction  fund  of  drainage  district  No.  1  to  the  general  fund. 
History:    Approved  March  31,  1891,  Stats.  1891,  p.  279. 


S25  FUNDS.  Acts  1663-1606,  S 1 

TRANSFER  OF  MONEY  FROM  GENERAL  FUND  TO  OTHER  FUNDS. 
ACT  1663 — An  act  requiring  the  transfer  of  funds  from  the  general  fund  of  the  state 
treasury  to  the  interest  and  sinking  fund  and  to  other  funds  to  pay  interest  and 
principal  of  state  bonds,  and  interest  on  diverted  funds  of  the  university  of  California. 
History:     Approved  March  24,  1911,  Stats.  1911,  p.  484. 

Transfer  of  funds  to  pay  interest  on  state  honds. 

$  1.  Whenever  and  as  often  as  there  is  about  to  become  due  and  payable  any  interest 
on  state  bonds,  or  any  part  of  the  principal  of  said  bonds  or  any  interest  on  diverted 
funds  of  the  university  of  California,  referred  to  in  chapter  LXV,  statutes  of  1893,  and 
chapter  LXXVII,  statutes  of  1899,  and  there  is  not  sufficient  money  in  the  interest  and 
sinking  fund,  or  any  other  special  fund  established  by  law  for  the  purpose  to  pay  the 
interest  or  principal  as  becoming  due,  the  state  controller  and  the  state  treasurer  shall 
proceed  to  transfer  from  the  general  fund  of  the  state  treasury  to  the  interest  and  sink- 
ing fund,  or  to  any  other  fund  provided  by  law  for  such  purpose,  sufficient  money  to 
meet  said  debt  obligations. 

REDEMPTION  OF  COUPONS  OF  CIVIL  BONDS  OF  1857. 
ACT  1664 — An  act  authorizing  the  payment  into  the  general  fund  of  the  state  treasury 
of  moneys  held  for  the  redemption  of  certain  coupons  of  the  civil  bonds  of  1857  and 
providing  for  the  redemption  of  said  coupons. 

History:    Approved  April  12,  1909,  Stats.  1909,  p.  842. 

REDEMPTION  OF  COUPONS,  RAILROAD  BONDS  OF  1864. 
ACT  1665 — An  act  authorizing  the  payment  into  the  general  fund  of  the  state  treasury 
of  moneys  held  for  the  redemption  of  certain  coupons  of  the  Central  Pacific  railroad 
bonds  of  1864  and  providing  for  the  redemption  of  said  coupons. 

History:    Approved  April  12,  1909,  Stats.  1909,  p.  843. 

REQUIRING  PAYMENT  OF  STATE  MONEYS  INTO  THE  TREASURY. 
ACT  1666 — An  act  requiring  the  payment  into  the  state  treasury  of  all  moneys  belong- 
ing to  the  state,  received  by  the  various  state  institutions,  commissions,  and  officers, 
and  directing  the  disposition  of  the  same. 

History:  Approved  March  17,  1899,  Stats.  1899,  p.  110.  Amended 
March  20,  1905,  Stats.  1905,  p.  382;  June  14,  1906,  Stats.  1906  (extra 
session),  p.  43. 

Moneys  belonging  to  the  state  to  be  paid  into  the  treasury.    Credited  to  certain  funds. 

Exceptions. 

^  1.  All  moneys  belonging  to  the  state  received  from  any  source  whatever  by  any 
officer,  commission  or  commissioners,  board  of  trustees,  board  of  managers,  or  board 
of  directors  shall  be  accounted  for  at  the  close  of  each  month  to  the  state  controller,  in 
such  form  as  the  controller  may  prescribe,  and  at  the  same  time,  on  the  order  of  the 
controller,  be  paid  into  the  state  treasury,  provided,  in  the  case  of  any  state  hospital, 
asylum,  prison,  school  or  harbor,  supported  by  or  under  control  of  the  state  said  money 
shall  be  credited  to  a  fund  to  be  known  as  the  contingent  fund  of  the  particular  insti- 
tution from  which  such  money  is  received,  and  may  be  expended  under  the  same  laws 
and  provisions  that  govern  the  expenditure  of  money  appropriated  for  the  support  of 
such  institutions,  and  provided,  that  in  every  case  where  the  law  directs  the  board  of 
trustees,  managers  or  directors  or  officer  to  refund  any  money  upon  the  death  or  dis- 
charge of  any  inmate  of  said  hospital,  asylum,  prison,  school  or  other  institution,  or  to 
provide  a  discharged  inmate  with  any  sum  of  money  or  with  wearing  apparel,  such 
amount  of  money  as  necessary  shall  be  paid  bj'^  the  board  of  trustees,  managers  or 
directors  or  officer,  upon  demand;  and  in  the  statement  to  the  controller  herein  provided 


Acta  1607-10G7a,  §  1  GE:NI<:RAL  LAWS.  SM 

for,  these  amounts  shall  be  itemized  and  the  aggregate  deducted  from  the  amount  to 
be  paid  into  the  state  treasury;  provided,  further,  that  all  money  collected  by  boards 
of  harbor  commissioners  shall  be  paid  into  the  harbor  improvement  fund  of  the  respec- 
tive harbor  where  collected,  except  so  much  thereof  as  may  be  necessary  to  pay  the 
expense  of  urgent  repairs,  not  to  exceed  in  the  aggregate  ten  thousand  dollars  per 
month,  which  sum,  if  so  much  be  required,  may  be  used  in  repairing  the  wharves,  piers, 
landings,  thoroughfares,  sheds,  and  other  structures,  and  the  streets  bounding  on  the 
water  front  under  the  jurisdiction  of  such  board  of  harbor  commissioners,  without 
advertising  the  proposals  therefor.  [Amendment  of  June  14,  1906.  Stats.  1906 
(extra  session),  p.  43.] 

This  section   was  also  amended   March   20,   1905.  Stats.  1905,  p.   382. 

$  2.  Immediately  upon  the  passage  of  this  act,  any  moneys  belonging  to  the  state 
now  in  the  hands  of  the  b'oards  of  trustees,  managers,  or  directors  of  the  institutions 
mentioned  herein,  or  of  any  treasurer  or  secretary  thereof,  shall  be  accounted  for  to 
the  controller  and  paid  into  the  state  treasury,  to  be  credited  and  disposed  for  in  the 
manner  hereinbefore  indicated. 

$  3.     All  acts  and  parts  of  acts  in  conflict  with  this  act  are  hereby  repealed. 

$  4.     This  act  shall  take  effect  immediately. 

PAYMENTS  FROM  THE  SWAMP  LAND  FUND  TO  THE  SEVERAL  COUNTIES. 

ACT  1667 — An  act  providing  for  the  payment  of  moneys  in  the  state  treasury  to  the 
credit  of  the  swamp  land  fund,  to  the  treasurers  of  the  counties  wherein  the  said 
swamp  land  districts  are  situated,  and  to  provide  for  the  control  of  the  same  by  the 
auditor  and  treasurer  of  said  counties,  and  prescribing  the  duties  of  the  controller 
and  treasurer  in  relation  thereto. 

History:    Approved  March  31,  1891,  Stats.  1891,  p.  243. 

1.      STrampIand    fund — Xo    adjustment    be-  2.      Swampland    fund — Change    of   custody 

tTi^'een    counties   as    to    funds    in   treasury. —  not   provided   for. — No   provision   of   law   ex- 

The  act  did  not  provide  for  the  adjustment  ists    for    a    chang-e    in    the    custody    of    the 

between  counties   of  funds  already   in   their  swampland    fund    entrusted    to    any    county, 

treasuries,  nor  does  it  contain  any  words  of  upon    the    division    of    that    county    and    the 

grant     or    donation    to    the    counties — but  creation  of  a  new  county  and  the  subject  Is 

merely     put     into     the     county     treasuries  one  purely  for  the  legislature  and  not   for 

swampland  money  that  had  found  its  way  the   courts. — County  of  Kings  v.  County  of 

Into    the   state    treasury. — County   of   Kings  Tulare,  119  CaL  509,  51  Pac.  866, 
V.   County   of   Tulare,   119    Cal.   509,   51    Pac. 
866. 

RETURN  OF  PAYMENTS  UNDER  $  570,  C.  C.  P. 
ACT  1667a — An  act  to  provide  for  the  return  to  the  owners  thereof  of  any  funds  paid 
into  the  state  treasury  by  any  receiver  in  conformity  with  the  provisions  of  section 
five  hundred  seventy  of  the  Code  of  Civil  Procedure;  prescribing  the  procedure  rela- 
tive thereto:  and  making  an  appropriation  therefor. 

History:    Approved  May  17,  1915.     In  effect  August  8,  1915.     Stats. 
1915,  p.  467. 

Appropriation:  from  receiver's  fund. 

$  1.  From  the  moneys  in  the  state  treasury  to  the  credit  of  the  receiver's  fund  there 
is  hereby  appropriated  the  sum  of  four  thousand  nine  hundred  forty-nine  dollars  and 
twenty-four  cents,  to  be  used  exclusively  for  the  purpose  of  returning  to  the  owner,  or 
owners,  thereof  the  amount  of  money  belonging  to  any  person,  or  persons',  which  has 
been  heretofore,  or  shall  hereafter,  be  paid  into  the  state  treasury  by  any  receiver,  or 
receivers,  pursuant  to  the  provisions  of  section  five  hundred  seventy  of  the  Code  of 
Civil  Procedure. 


82T  FUNDS.  Acts  lOCO,  1670 

Verified  claim  for  money  from  receiver's  fund. 

4  2.  The  owner,  or  owners,  of  any  such  money,  or  moneys,  shall  present  to  the  board 
of  control  a  verified  claim  therefor,  accompanied  by  all  such  data  respecting  the  same 
as  the  board  of  control  may  require  for  its  information.  Such  claim  shall  be  audited 
by  the  board  of  control  in  the  manner  provided  by  law,  and,  if  approved,  shall  be 
transmitted  to  the  state  controller,  with  such  approval  endorsed  thereon.  The  con- 
troller shall  thereupon  draw  his  warrant  upon  the  said  receiver 's  fund  in  favor  of  such 
owner,  or  owners,  for  the  amount  so  ascertained  to  belong  to  him,  or  them,  and  the 
state  treasurer  shall  pay  the  same;  provided,  however,  that  the  aggregate  sum  of  all 
warrants  so  drawn  and  paid  shall  not  exceed  the  amount  by  this  act  appropriated. 

Unexpended  balance  reverts  to  receiver's  fund. 

$  3.  Any  balance  of  such  appropriation  remaining  unexpended  on  the  first  day  of 
September,  A.  D.  1917,  shall,  without  further  action,  revert  to  and  become  a  part  of 
the  said  receiver's  fund. 

INVESTMENT  OF  COUNTY  AND  MUNICIPAL  SINKING  FUNDS. 
ACT  1669 — An  act  authorizing  the  investment  and  reinvestment,  and  disposition,  of 
any  moneys  in  any  sinking  fund  of  any  county,  city  and  county,  or  incorporated  city 
or  town,  and  repealing  an  act  entitled  "An  act  authorizing  the  investment  and  rein- 
vestment and  disposition  of  any  moneys  in  any  sinking  fund  of  any  county,  city  and 
county,  or  incorporated  city  or  town."  approved  March  3,  1909. 

History:    Approved  April  3,  1911,  Stats.  1911,  p.  582.     Prior  act  of 
March  3,  1909,  Stats,  1909,  p.  139,  repealed  by  the  present  act. 

Money  in  sinking  funds  may  be  invested  in  bonds. 

$  1.  Any  county,  city  and  county,  or  incorporated  city  or  town,  which  has  now  or 
hereafter  shall  have  any  moneys  in  any  sinking  fund  established  for  the  purpose  of 
providing  for  the  payment  of  the  principal  or  interest  of  any  bonded  or  other  indebted- 
ness, or  for  any  other  purpose,  is  hereby  authorized  to  invest  any  such  moneys  tempo- 
rarily in  any  bonds  already  issued  or  hereafter  issued  of  such  county,  city  and  county, 
or  incorporated  city  or  town,  respectively,  or  of  the  United  States  or  the  state  of  Cali- 
fornia, or  of  any  other  county,  city  and  county,  or  incorporated  city  or  town,  or  of  anj' 
school  district  within  the  state,  and  such  investment  may  be  made  by  direct  purchase 
of  any  issue  of  bonds,  or  part  thereof,  at  the  original  sale  of  such  bonds,  or  by  the 
purchase  of  such  bonds  after  they  have  been  so  issued.  Any  bonds  thus  purchased  and 
held  in  any  such  sinking  fund  may,  from  time  to  time,  be  sold  and  the  proceeds  tem- 
porarily reinvested  in  bonds,  as  above  provided.  Sales  of  any  bonds  thus  purchased 
and  held  in  any  sinking  fund  shall,  from  time  to  time,  be  made  in  season,  so  that  the 
proceeds  may  be  applied  to  the  purposes  for  which  the  sinking  fund  was  created. 

§  2.  The  functions  and  duties  in  this  act  authorized  shall  be  performed  by  the  legis- 
lative or  governing  body  of  the  county,  city  and  county,  or  incorporated  city  or  town, 
or  under  its  authority. 

$  3.  An  act  entitled,  "An  act  authorizing  the  investment  and  reinvestment  and  dis- 
position of  any  moneys  in  any  sinking  fund  of  any  county,  city  and  county,  or  incor- 
porated city  or  town,"  approved  March  3,  1909,  is  hereby  repealed. 

INVESTMENT  OF  SURPLUS  FUNDS  OF  COUNTIES  AND  MUNICIPALITIES. 

ACT  1670 — An  act  authorizing  the  investment  and  reinvestment  and  dispositions  of  any 

surplus  moneys  in  the  treasury  of  any  county,  city  and  county  or  incorporated  city 

or  town. 

History:    Approved  April  23,  1913.    In  effect  August  10,  1913.     Stats. 
1913,  p.  76. 


Act  1671.  eg  1,2  GENERAL   LAAVS.  S2S 

Investment  of  surplus  county  funds.    Sale  of  bonds. 

^  1.  Any  county,  city  and  county,  or  incorporated  city  or  town  which  now  has,  or 
hereafter  shall  have,  any  surplus  money  in  the  treasury  thereof,  not  required  for  the 
immediate  necessities  of  the  said  county,  city  and  county,  or  incorporated  city  or  town, 
is  hereby  authorized  to  invest  such  portion  of  any  such  surplus  as  to  the  governing 
body  of  the  said  county,  city  and  county,  or  incori)orated  city  or  town  may  be  deemed 
wise  or  expedient  in  any  bonds  already  issued  or  hereafter  issued  by  such  county,  city 
and  county,  or  incorporated  city  or  town  respectively,  or  in  bonds  already  issued  or 
hereafter  issued  by  any  school  district  situated  in  whole  or  in  part  within  the  limits  of 
such  county,  citj'  and  county,  or  incorporated  city  or  town,  or  in  bonds  already  issued 
or  hereafter  issued  by  the  state  of  California,  or  the  United  States,  and  such  invest- 
ment may  be  made  by  direct  purchase  of  any  issue  of  bonds,  or  part  thereof,  at  the 
original  sale  of  such  bonds,  or  by  the  purchase  of  such  bonds  after  they  have  been 
thus  issued.  Any  bonds  thus  purchased  and  held  may,  from  time  to  time,  be  sold  and 
the  proceeds  reinvested  in  bonds  as  above  provided.  Sales  of  any  bonds  thus  purchased 
and  held  shall,  from  time  to  time,  be  made  in  season  so  that  the  proceeds  may  be 
applied  to  the  purposes  for  which  the  money,  with  which  the  bonds  were  originally 
purchased,  was  placed  in  the  treasury  of  the  county,  city  and  county,  or  incorporated 
city  or  town. 

Legislative  body  of  city  or  county  to  perform  duties  under  act. 

$  2.  The  functions  and  duties  of  this  act  authorized  shall  be  performed  by  the 
legislative  or  governing  body  of  the  county,  city  and  county,  or  incorporated  city  or 
town,  or  under  its  authority. 

INVESTMENT  OF  SURPLUS  MONEY  OF  STATE. 
ACT  1671 — An  act  providing  for  the  designation  of  money  in  the  state  treasury  as 
surplus   money,   authorizing   the   investment   and  reinvestment  of   such  money  in 
certain  classes  of  bonds,  directing  the  disposal   of  interest  or  premium  received 
therefrom  and  permitting  the  subseciuent  sale  or  exchange  of  the  bonds  so  purchased. 
History:    Approved  June  10,  1913.    In  effect  August  10,  1913.     Stats. 
1913,  p.  563. 

Investment  of  surplus  money  in  state  treasury. 

$  1.  Any  money  in  the  state  treasm-y  which  shall  have  been  designated  as  surj^lus 
money  under  the  provisions  of  this  act  may  in  the  manner  hereinafter  provided  be 
invested  in  bonds  of  any  of  the  following  classes: 

(a)  Bonds  or  interest-bearing  notes  or  obligations  of  the  United  States,  or  those  for 
which  the  faith  and  credit  of  the  United  States  are  pledged  for  the  payment  of  principal 
and  interest; 

(b)  Bonds  of  this  state,  or  those  for  which  the  faith  and  credit  of  the  state  of  Cali- 
fornia are  pledged  for  the  payment  of  principal  and  interest; 

(c)  Bonds  of  any  county,  city  and  county,  city  or  school  district  of  this  state. 

Designation  of  surplus  money.    Maximum. 

$  2.  The  state  treasurer,  and  the  members  of  the  state  board  of  control  shall  at  such 
times  as  they  deem  necessary,  or  upon  request  in  writing  of  the  state  treasurer,  meet 
and  determine  whether  any  portion  of  the  money  then  in  the  state  treasury  is  not 
necessary  for  immediate  use,  and  if  so,  the  amount  thereof,  which  amount  shall  there- 
upon be  designated  as  "surplus  money";  provided,  however,  that  the  amount  so  fixed 
and  detei-mined  as  surplus  money  shall  not  at  any  time  be  in  excess  of  seventy-five 
per  cent  of  the  least  amount  of  money  shown  by  the  records  in  the  treasurer's  office  to 
have  been  in  the  state  treasurj'  at  the  end  of  any  day's  transactions  dui-ing  the  twelve 
mouths'  period  next  preceding  compiled  in  accordance  with  the  provisions  of  section 


829  FUNDS.  Act  1G73,  g  1 

six  hundred  seventy-five  of  the  Political  Code.  Upon  the  unanimous  approval  of  said 
state  oflScials,  there  shall  be  spread  upon  the  minutes  of  the  state  board  of  control  at 
each  such  meeting  a  resolution  designating  the  amount  of  money  so  determined  by 
them  to  be  surplus  money  within  the  meaning  of  this  act,  and  thereupon  the  state 
board  of  control  shall  proceed  to  invest  the  same  in  the  purchase  of  bonds  of  any  of 
the  classes  described  in  section  one  of  this  act. 

Sale  or  exchange  of  bonds  purchased.    Interest  paid  into  "bond  investment  fund." 

§  3.  Any  bonds  purchased  or  held  under  the  provisions  of  this  act  may  be  sold  or 
exchanged  for  other  bonds  of  any  of  the  classes  described  in  section  one  of  this  act, 
and  the  money  received  from  any  svich  sale  may  be  reinvested  by  the  state  board  of 
control  in  the  purchase  of  any  such  bonds;  provided,  that  no  such  sale  or  exchange 
shall  be  made  at  a  price  which  will  result  in  a  net  loss  to  the  state;  and  provided, 
further,  that  any  interest  or  premium  collected  or  received  by  the  state  from  any 
bonds  purchased  or  held  under  the  provisions  of  this  act  shall  be  credited  by  the  state 
treasurer  to  a  fund  to  be  known  as  the  "bond  investment  fund"  which  fund  is  hereby 
established.  The  state  treasurer  shall  semi-annuall}'^,  on  the  last  days  of  June  and 
December,  transfer  one-half  of  the  amount  then  in  said  fund  to  the  general  fund,  and 
shall  transfer  one-half  of  the  amount  then  in  said  fund  to  the  state  school  land  fund. 

Certain  funds  not  affected. 

5  4.  This  act  shall  not  be  construed  as  affecting  the  method  of  investing  the  state 
school  land  fund,  the  estates  of  deceased  persons  fund,  the  dissolved  savings  bank 
fund,  or  the  sinking  funds  under  the  control  of  the  state  treasurer,  and  the  laws  relat- 
ing thereto  shall  remain  in  full  force  and  effect. 

DEPOSIT  OF  STATE  MONEY  IN  BANKS. 

ACT  1673 — An  act  to  authorize  the  deposit  of  state  moneys  in  banks  in  this  state,  and 

to  repeal  all  acts  or  parts  of  acts  in  conflict  with  this  act. 

History:  Approved  February  28,  1907,  Stats.  1907,  p.  67.  Amended 
March  24,  1911,  Stats.  1911,  p.  482;  April  29,  1913.  In  effect  August  10, 
1913.  Stats.  1913,  p.  108.  Prior  act  of  March  20,  1905,  Stats.  1905, 
p.  67,  repealed  by  the  present-  act. 

Money  of  state  may  be  deposited  in  approved  banks. 

§  1.     All  moneys  under  the  control  of  the  state  treasurer,  belonging  to  the  state,  may 

be  deposited  by  the  state  treasurer  to  the  credit  of  the  state  in  such  state  or  national 

bank,  or  banks,  in  the  state  as  the  treasurer,  with  the  approval  of  the  governor  and 

state  controller,  shall  select  for  the  safekeeping  of  such  deposits,  and  any  sum  so 

deposited  shall  be  deemed  to  be  in  the  state  treasury;  provided  that  the  bank  or  banks 

in  which  such  money  is  deposited  shall  furnish  security  as  hereinafter  provided;  and 

provided  further,  that  such  depositary  bank  or  banks  be  selected  fi'om  those  agreeing 

to  pay  the  highest  rate  of  interest,  not  less  than  two  per  cent  per  annum,  for  such 

deposits,  as  may  be  determined  by  bids  to  be  submitted  at  such  times  and  in  such 

manner  as  the  treasurer,  with  the  approval  of  the  governor  and  the  state  controller 

shall  direct;  provided,  that  not  more  than  one-tenth  of  the  aggregate  amount  of  state 

moneys  available  for  deposit  and  on  deposit  shall  be  deposited  in  any  one  bank;  and 

provided,  further,  that  such  deposit  shall  not  exceed  fifty  per  cent  of  the  paid-up  capital, 

exclusive  of  reserve  and  surplus,  of  any  depositary  bank.     Any  and  all  bids  may  be 

JL    rejected  by  the  treasurer,  with  the  approval  of  the  governor  and  state  controller,  and 

^B   new  bids  asked  for.    The  expense  of  transportation  of  moneys  to  and  from  the  state 

^B   treasury  to  such  depositaries  shall  be  borne  by  such  depositaries.     Said  deposits,  with 

^B   interest  thereon,  shall  be  subject  to  withdrawal  at  any  time  upon  the  demand  of  the 


Act  1073,  §§  2-6 


GENERAL   LAWS. 


83<» 


shall  deposit  any  part  of  such  moneys  upon  different  terms;  provided  that  no  agree- 
ment for  the  deposit  of  said  moneys  shall  be  for  a  longer  period  than  one  year.  [Amend- 
ment approved  March  24,  1911.    Stats.  1911,  p.  482.] 

Interest,  when  payahle.    School  moneys. 

§  2.  The  interest  to  be  paid  by  any  such  depositary  bank  shall  be  on  the  average 
daily  balances  of  the  state  moneys  kept  on  deposit  therewith,  and  shall  be  paid  and 
credited  to  the  state  monthly  on  the  first  day  of  each  and  every  month,  and  such  interest 
shall  accrue  to  the  general  fund  of  the  state  treasury;  provided  that  if  any  moneys 
belonging  to  the  state  school  fund  or  the  state  school  land  fund  shall  at  any  time  be 
deposited  under  the  provisions  of  this  act,  the  interest  received  thereon  shall  be  paid 
into  the  state  school  fund. 

Security  for  state  funds  deposited  in  banks. 

§  3.  For  the  security  of  the  funds  deposited  by  the  state  treasurer  under  the  pro- 
visions of  this  act,  there  shall  be  deposited  with  the  treasurer  bonds  of  the  United 
States,  or  of  this  state,  or  any  county,  municipality,  school  district  or  irrigation  district 
within  this  state,  which  bonds  shall  be  approved  by  the  governor,  controller  and 
treasurer,  to  an  amount  in  value  at  least  ten  per  cent  in  excess  of  the  amount  of  the 
deposit  with  such  bank  or  banks;  and  if  in  any  case,  or  at  any  time,  such  bonds  are 
not  deemed  satisfactory  security  to  the  governor,  controller  and  treasurer,  they  may 
require  such  additional  security  as  may  be  satisfactory  to  them.  Said  bonds,  or  any 
l-)art  thereof,  may  be  withdrawn  on  the  written  consent  of  the  governor,  controller  and 
treasurer;  provided,  that  a  suflBcient  amount  of  said  bonds  to  secure  said  deposits 
shall  always  be  kept  in  the  treasury;  and  in  the  event  that  said  bank  or  banks  of 
deposit  shall  fail  to  pay  such  deposits,  or  any  part  thereof,  on  the  demand  of  the  state 
treasurer,  then  it  shall  be  the  duty  of  the  state  treasurer  to  forthwith  convert  said  bonds 
into  money  and  to  disburse  the  same  according  to  law.  [Amendment  approved 
April  29,  1913,    Stats.  1913,  p.  108.    In  effect  August  10,  1913.] 

This  section  was  also  amended  March  24,  1911,  Stats.  1911,  p.  483. 

Provisions  of  contract.    Treasurer's  annual  statement  to  banks. 

§  4.  The  treasurer  shall  take  from  such  depositary  or  depositaries  a  written  contract, 
in  duplicate  setting  forth  the  conditions  and  terms  upon  which  the  funds  of  the  state 
are  deposited  therewith,  one  of  which  shall  be  filed  with  the  controller.  One  provision 
of  said  contract  shall  be  that  each  depositary  shall  at  the  end  of  each  month  render  to 
the  treasurer  a  statement  in  duplicate  showing  the  daily  balances  or  amount  of  money 
of  the  state  held  by  it  during  the  month  and  the  amount  of  the  accrued  interest  thereon 
separately,  one  of  which  shall  be  filed  by  the  treasurer  with  the  controller.  The  treas- 
urer shall  annually  on  the  first  day  of  July  furnish  each  depositary  bank  with  a  state- 
ment showing  the  amount  and  description  of  the  bonds  on  deposit  with  him  by  such 
bank  to  secure  state  deposits. 

Indemnity  bonds. 

$  5.  The  treasurer,  with  the  approval  of  the  governor  and  controller,  shall,  if  in  his 
judgment  it  shall  appear  necessary  for  the  security  of  the  state,  require  said  banks  of 
deposit  to  give  an  indemnity  bond,  the  sureties  on  which  shall  not  be  interested  as 
stockholders  in  said  bank  or  banks,  to  be  approved  by  the  governor,  controller  and 
treasurer,  to  secure  the  state  against  loss  by  any  depreciation  in  value  that  may  occur 
in  such  bonds  held  by  him  as  security  for  the  safekeeping  and  prompt  payment  of  the 
state  moneys  in  such  depositaries. 

Treasurer  not  responsible  for  deposits. 

$  6.  The  state  treasurer  shall  not  be  responsible  for  any  moneys  deposited  in  a  bank 
or  in  banks  under  the  provisions  of  this  act  while  the  same  remain  there  deposited 


^831  FUNDS.  Act  1674,  §§  1. 3 

with  the  consent  of  the  governor  and  controller ;  but  the  treasurer  shall  be  chargeable 
(with  the  safekeeping,  management  and  disbursement  of  the  bonds  and  certificates  of 
deposit  deposited  with  him  as   security  for  deposits  of  state  moneys,   and  with   the 
interest  thereon,  and  the  proceeds  of  any  sale  under  the  provisions  of  this  act. 

Receipt  for  money  deposited. 

§  7.  At  the  time  of  depositing  state  moneys  in  any  bank,  designated  as  a  depository, 
the  state  treasurer  shall  take  and  preserve  a  receipt  therefor,  stating  the  amount 
deposited  and  referring  to  the  contract  made  between  the  depositary  banks  and  the 
treasurer.  The  moneys  so  deposited  may  be  drawn  out  by  the  cheek  or  order  of  the 
state  treasurer.     [Amendment  approved  March  24,  1911.    Stats.  1911,  p.  482.] 

Act  of  1905  repealed. 

$  8.  The  act  of  March  20,  1905,  entitled  "An  act  to  authorize  the  deposit  of  state 
moneys  in  banks  in  this  state,  and  to  repeal  all  acts  or  parts  of  acts  in  conflict  with 
this  act,"  and  all  other  acts  or  parts  of  acts  in  conflict  with  this  act  are  hereb}- 
expressly  repealed. 

DEPOSIT  OF  COUNTY  AND  MUNICIPAL  MONEY  IN  BANKS. 
ACT  1674 — An  act  to  provide  for  and  regulate  the  deposit  of  county  and  municipal 
moneys  in  hanks  and  hanking  corporations,  limiting  the  amount  of  public  moneys 
that  may  he  deposited  therein,  and  providing  a  penalty  for  the  illegal  deposit  and 
use  thereof. 

History:    Approved  March  23,  1907,  Stats.  1907,  p.  974.     Amended 
April  29,  1913.    In  effect  August  10,  1913.     Stats.  1913,  p.  107. 

Deposit  of  county  and  city  funds.    Security.    Interest. 

§  1.  All  moneys  belonging  to  any  county  or  municipality  within  the  state  may  be 
deposited  by  any  officer  of  such  county  or  municipality  having  the  legal  custody  of  such 
county  or  municipal  funds  in  any  licensed  national  bank  or  banks  within  this  state,  or 
in  any  bank,  banks  or  corporations  authorized  and  licensed  to  do  a  banking  business 
and  organized  under  the  laws  of  this  state;  provided,  that  such  bank  or  banks  in  which 
such  moneys  are  deposited  shall  furnish  as  security  for  such  deposits  bonds  of  the 
United  States,  or  of  this  state,  or  of  any  county,  municipality,  school  district,  or  irriga- 
tion district  within  this  state,  approved  by  the  officer  making  the  deposit  and  the  dis- 
trict attorney  for  the  county  or  city  attorney  for  the  municipality  to  which  the  deposit 
belongs.  The  market  value  of  the  bonds  furnished  shall  be  at  least  ten  per  cent  in 
excess  of  the  amount  of  the  deposit  secured  thereby;  but  the  amount  of  the  deposit 
shall  in  no  case  exceed  the  face  value  of  the  bonds  furnished  as  security  therefor;  and 
provided,  that  such  bank  or  banks  shall  pay  a  reasonable  rate  of  interest,  not  less  than 
two  per  cent  per  annum,  on  the  daily  balances  therein  deposited.  [Amendment  approved 
April  29,  1913.    Stats.  1913,  p.  107.    In  effect  August  10,  1913.] 

Rate  of  interest  to  he  fixed,  when. 

§  2.  The  rate  of  interest  shall  be  fixed  annually  as  herein  provided  in  the  month  of 
January  of  each  year  on  all  deposits  to  be  made  for  such  year;  provided,  that  the  rate 
of  interest  for  the  year  ending  December  31,  1907,  may  be  fixed  as  herein  provided 
within  ninety  days  after  this  act  goes  into  effect.  The  rate  of  interest  shall  be  fixed  in 
the  case  of  counties,  by  the  treasurer,  auditor,  and  chairman  of  the  board  of  supervisors, 
and  in  the  case  of  municipalities  by  the  treasurer,  auditor  (or  clerk  in  municipalities 
having  no  auditor),  and  chairman  of  the  council  or  other  governing  body  of  such  munici- 
pality. Said  rate  of  interest  shall  be  a  reasonable  rate  and  not  less  than  two  per  cent 
per  annum  on  the  daily  balances  deposited;  and  the  rate  of  interest  so  established  for 
each  year  as  herein  provided,  shall  be  the  uniform  rate  of  interest  required  from  all 
banks  receiving  deposits  from  the  county  or  municipality,  for  that  year. 


I 


ActlC74.  8§3-8  GENERAL   LAWS.  833 

Interest  on  all  moneys  deposited  as  herein  provided  for  shall  belong  to  the  county  or 
municipality  represented  by  the  officer  making  such  deposit  and  shall  be  paid  quarterly 
into  the  general  fund  of  such  county  or  municipality  except  where  the  law  otherwise 
directs. 
Eeceipt  for  deposit. 

§  3.  It  shall  be  the  duty  of  the  officer  making  the  deposit,  to  receive  from  the  bank 
in  which  the  deposit  is  made,  a  receipt  or  receipts  in  duplicate  showing  the  date  and 
amount  of  deposit  and  rate  of  interest  to  be  paid  thereon,  one  copy  of  which  said  officer 
shall  keep  on  tile  in  his  office  and  he  shall  file  one  copy  with  the  auditor  of  the  county 
or  auditor  of  the  municipality  (or  clerk  in  municipalities  having  no  auditor)  as  the  case 
may  be. 

Record  of  deposits. 

§  4.  Every  treasurer  shall  keep  a  record  in  his  office  which  shall  be  open  to  public 
inspection,  showing  at  all  times  the  amount  of  money  on  deposit  and  all  banks  in  which 
the  same  is  deposited,  and  dates  of  deposit.  Also  a  record  of  all  banks  making  applica- 
tion for  the  deposit  of  the  public  funds. 

Amount  that  may  he  deposited. 

§  5.  The  total  amount  of  public  moneys  on  deposit  in  any  bank,  shall  not  at  any  one 
time  exceed  fifty  per  cent  of  the  paid  up  capital  stock  of  such  depositary  bank  or  banks. 
No  officer  shall  have  on  deposit  at  any  one  time  more  than  ten  per  cent  of  the  public 
moneys  under  his  control  and  available  for  deposit  in  any  bank  while  there  are  other 
qualified  banks  requesting  such  deposits;  provided,  that  no  treasurer  of  a  county  or 
municipality,  shall  be  required  to  deposit  public  moneys  in  any  bank  outside  of  the 
county  owning  the  money  or  in  which  the  municipality  is  situated. 

Receipts  to  be  counted  as  cash. 

$  6.  The  receipt  issued  by  any  bank  for  deposits  made  therein,  together  with  the 
bonds  held  as  security  therefor,  shall  be  held  by  the  treasurer  making  the  deposit  and 
be  recognized  and  counted  as  cash  to  the  amount  recited  in  the  receipt  by  the  officers 
required  by  law  to  count  the  same. 

Deposits  subject  to  call. 

$  7.  Deposits,  with  interest  thereon,  shall  be  subject  to  withdrawal  on  demand  of  the 
treasurer  making  the  same,  or  his  successors  in  office,  and  any  bank  receiving  the 
deposit  of  public  moneys,  may  at  any  time  return  the  same  to  the  public  officer  making 
such  deposit,  together  with  interest  to  date  of  return,  and  it  shall  be  the  duty  of  the 
public  officer  upon  receiving  the  return  of  such  deposit,  to  immediately  return  to  such 
bank  all  bonds  held  as  security  for  the  deposit  returned.  When  any  officer  withdraws 
his  deposit  he  shall  return,  on  demand  of  the  bank,  such  bonds  as  were  held  as  security 
for  the  deposit  or  portion  thereof  withdrawn. 

On  failure  of  bank  to  repay  security  to  he  sold. 

$  8.  Should  any  bank  fail  to  pay  any  public  moneys  held  on  deposit  as  herein  pro- 
vided, the  officer  making  such  deposit  may,  after  ten  days'  written  notice  to  such  bank, 
proceed  to  sell  at  public  or  private  sale,  such  of  the  bonds  held  by  him  as  security  as  he 
may  see  fit;  provided,  however,  that  he  shall  sell  no  bonds  for  less  than  their  face 
value  except  at  public  sale  after  ten  days'  printed  notice  in  some  newspaper  of  general 
circulation  published  in  the  county  where  the  sale  is  to  take  place.  The  proceeds  of 
such  sale,  after  paying  all  expenses,  shall  be  credited  to  the  account  of  the  bank  which 
deposited  the  bonds  as  collateral.  Any  bank  failing  to  make  payment,  may,  at  any  time 
before  the  sale  of  the  bonds  is  completed,  stop  such  sale  by  repaying  all  the  moneys 
deposited  with  it,  together  with  any  expense  that  may  have  been  incurred  by  the  officer 


833  FUNDS.  Act  1674.  §§  3-S 

making  such  deposit,  as  the  result  of  such  failure.  Should  the  proceeds  of  any  such 
sale  fail  to  fully  repay  any  deposit,  the  balance  remaining  unpaid  may  be  collected  in 
an  action  of  law  in  the  name  of  the  officer  making  the  deposit. 

Public  officials  not  responsible  for  loss. 

$  9.  Public  oflBcials  shall  not  be  responsible  for  any  loss  of  public  moneys  resulting 
from  the  deposit  thereof  when  made  in  accordance  with  the  provisions  of  this  act.  It 
shall  be  the  duty  of  the  officer  making  the  deposit  to  safely  keep  all  evidence  of  indebt- 
edness issued  by  banks  for  deposits  made  therein,  and  bonds  deposited  for  security  and 
such  public  officer  shall  be  responsible  for  such  evidence  of  indebtedness,  and  for  bonds 
held  as  security  therefor,  together  with  the  interest  thereon  and  the  proceeds  of  any 
sale  of  such  bonds ;  and  the  city,  county  or  municipality  for  which  said  officer  acts,  shall 
be  responsible  to  such  bank  for  the  safe  return  of  the  securities  furnished  by  it  to  such 
officer. 

Transportation  of  moneys. 

§  10.  The  expenses  of  transportation  of  moneys  to  or  from  the  state,»county  or  mu- 
nicipal treasuries  to  such  depositaries  shall  be  borne  by  such  depositaries. 

Violation  of  act  a  felony. 

§  1.1.  The  making  of  profit  out  of  county,  city,  town  or  other  public  moneys,  or  using 
the  same  for  any  purpose  not  authorized  by  law  by  any  officer  having  possession  or  con- 
trol thereof,  shall  be  a  felony.  Any  violation  of  the  provisions  of  this  act  by  a  bank  or 
a  banking  corporation,  shall  be  punishable  by  a  fine  not  exceeding  five  hundred  dollars 
for  each  offense  and  the  officers  of  such  bank  or  banking  corporation  and  officer  receiv- 
ing such  deposit  shall  be  guilty  of  a  felony. 

Present  laws  not  abrogated. 

$  12.  Nothing  in  this  act  contained  shall  prevent  any  county  or  municipality  within 
this  state  from  buying  bonds  or  otherwise  investing  its  money  in  any  manner  now  pro- 
vided by  law  and  nothing  herein  contained  as  to  the  disposition  of  interest  on  public 
moneys  deposited  shall  apply  to  any  money  received  or  held  by  any  county  or  munici- 
pality wherein  any  law  provides  for  the  payment  of  interest  or  profit  thereon,  into  any 
particular  fund. 

§  13.     All  acts  or  parts  of  acts  in  conflict  with  this  act  are  hereby  repealed. 

§  14.     This  act  shall  take  effect  immediately. 

1.  Deposit  of  public  money— Action  to  2.  San  Francisco  charter  provision  para- 
prevent. — A  taxpayer  may  maintain  an  ac-  mount. — ^The  provisions  of  sections  2  and  3, 
tion  to  prevent  a  city  treasurer  from  de-  chapter  3,  article  IV,  of  the  San  Francisco 
positing  money  of  the  municipality  in  his  charter,  prohibiting  the  deposit  of  munici- 
custody  with  banks  or  banking  corpora-  pal  funds  in  banks  is  paramount  to  the 
tions,  where  such  deposit  is  forbidden  by  provisions  of  this  act,  the  subject  of  the  de- 
law. — Rothschild  v.  Bantel,  152  Cal.  5,  91  posit  of  such  funds  In  banks  being  a  mu- 
Pac.  803.  nicipal  affair. — Rothschild  v.  Bantel,  152  CaL 

See,  also,  Yarnell  v.  Los  Angeles,  87   Cal.  5,  91   Pac.  803. 
603,  25  Pac.  767. 

GALLINAS  SLOUGH. 
See  Kerr's  Cyc.  Political  Code,  $  2349. 


Gen.  L.aws — 53 


GENERAL  LAWS.  634 

CHAPTER  128. 

GAME  LAWS. 
References:  Acts  continued  In  force  relating  to  fish  and  game  protection  and  preserva- 
tion, see  Kerr's  Cyc.  Political  Code,  §  19;  Kerr's  Cyc.  Penal  Code,  §  23. 

Fish  and  game  warden,  see  Kerr's  Cyc.  Political  Code,  §§  4149,  et  seq. 

Fish  and  Game  Commission,  see  Kerr's  Cyc.  Political  Code,  §§  342,  343. 

Fish  and  Game  Commissioners,  see  Kerr's  Cyc.  Political  Code,  §368. 

Fish  screens,  see  Kerr's  Cyc.  Penal  Code,  §  629. 

Fishways,  see  Kerr's  Cyc.  Penal  Code,  §§  636c,  et  seq. 

Game  birds  enumerated,  see  Kerr's  Cyc.  Penal  Code,  §  637a. 

Protection  of  fish  and  game,  power  of  supervisors,  see  Kerr's  Cyc.  Political  Code, 
§  4041. 

Protection  of  game  and  fish,  see  Kerr's  Cyc.  Penal  Code,  §§  626,  et  seq. 

Protection  of  fish  and  game  in  particular  county,  see  particular  title. 

Protection  of  wild  birds,  see  Kerr's  Cyc.  Penal  Code,  §  637a. 

State  IVlarket  Director,  see  tit.  "State  Market  Commission." 

Transportation  of  non-game  birds,  see  Kerr's  Cyc.  Penal  Code,  §  637<L 

See,  generally,  tits,  "Animals";  "Foods." 

CONTENTS  OF  CHAPTER. 

ACT  1688.     Hunting  License  Act  of  1909. 

1690.  Vocational  Fishing  License  Act  of  1909. 

1691.  Dealers' License  Act  of  1911, 
1691a.  Cannees'  License  Act  of  1917. 

1692.  Fishing  License  Act  of  1913, 
1692a.  Issuance  fob  Eesale  Act  of  1915. 

1693.  Fish  Propagator's  License  Act  of  1911, 
1693a.  Parasitic  Fish  Act, 

1693b.  Commercial  Fishery  Statistics. 
1693c,  Fish  Supply  Conservation, 

1694.  Fish  and  Game  Preservation  Fund. 
1694a.  Disposition  of  Fines  and  Forfeitures. 

1696.  Fish  and  Game  District  Act  of  1917. 
i696a.  "Mount  Tamalpais  Game  Eefuge." 

1697.  Railway  Car  for  Fish  Distribution. 

1698.  Purchase  of  Fish  Hatcheries  at  Sisson. 

1699.  Purchase  of  Additional  Land  foe  Fish  Hatchery  at  Sisson. 

1700.  Removal  of  Obstruction  in  American  River, 

1701.  Salmon  Hatchery. 

1702.  Removal  of  Obstructions  in  Pit  River, 

1703.  Disposal  of  Hatchery  at  Battle  Creek,  Tehama  Countt. 

1704.  Fish  Repository  on  Stanislaus  River,  Tuolumne  County. 

1705.  Authorizing  Construction  of  Steam  Launch. 

1706.  Purchase  of  Gasoline  Launch. 

1707.  Disposal  of  Steam  Launch  Governor  Stoneman. 

1708.  Importation  of  Game  Birds  for  Propagation. 

1709.  Protection  of  Game  in  Nevada  County. 

1710.  Restricting  Hunting  in  Yolo  County. 
1712,  Preservation  of  Mocking  Birds, 

1715,  Prevention  of  Destruction  of  Fish  and  Game  in  Lake  Mebbitt. 

1716.  Protection  of  Fish  and  Game  in  Napa  County, 

1720.  Prohibiting  Destruction  of  Fish  in  Alameda  County. 

1721.  Prevention  of  Destruction  of  Fish  in  Bolinas  Bay. 

1722.  Protection  of  Fish  in  Butte  Creek,  Butte  County. 

1723.  Regulating  Salmon  Fisheries  on  Eel  Rivee. 

1724.  Preservation  of  Fish  in  Lake  Bigler, 

1725.  Prevent  Destruction  of  Fish  in  Kings  River. 

1727,  Use  of  Seines,  Etc.,  in  Napa  River  Prohibited. 

1728,  Use  of  Seines,  Etc.,  in  San  Antonio  Creek,  Alameda  County,  Prohibited. 
1731.     Preservation  op  Fish  in  Siskiyou  County. 

1733.     Protection  op  Fish  in  False  Bay. 

1735.  Protection  op  Fish  in  Certain  Water  of  Mendocino  County, 

1736.  Prevention  of  Destruction  of  Wild  Game  in  Pinnacles  Forest  Reserve. 


I 


M 


S35  GAME   LAWS.  Act  168S,  §§  1-3 

1737.  Use  of  Weirs,  Etc.,  in  Monterey  Bay  Prohibited. 

1738.  Use  of  Nets,  Etc.,  in  Cache  Slough  Prohibited. 

1738a.  Restriction  of  Fishing  in  Fish  and  Game  District  No.  19. 

1739.  Expenses  and  Costs  of  Trial  Foe  Violation  of  Fish  and  Game  Laws. 

1740.  County  Fish  Hatcheries. 

1741.  Crab  Preserve  in  Eel  Eiver. 

1742.  Shell  Fish  Preserve  in  Monterey  Bat. 

1743.  Transfer  of  Land  for  Game  Preserve. 

1744.  Protection  of  Fur-Bearing  Animals. 

1745.  Contaminated  Sources  of  Shell  Fish. 

1746.  Free  Camping  Ground  in  Placer  County. 

HUNTING  LICENSE  ACT  OF  1909. 

ACT  1688 — An  act  to  regulate  and  license  the  hunting  of  wild  "birds  and  animals,  and 

to  provide  revenue  therefrom,  for  game  and  fish  preservation  and  restoration. 

History:  Approved  March  22,  1909,  Stats.  1909,  p.  663.  Amended 
May  18,  1917.  In  effect  July  27,  1917.  Stats.  1917,  p.  650;  April  21,  1919. 
In  effect  Jul:^  22,  1919,  Stats.  1919,  p.  119.  Prior  act  of  March  13,  1907, 
Stats.  1907,  p.  247,  repealed  by  the  present  act. 

Licenses  to  hunt  game. 

§  1.  Every  person  in  the  state  of  California,  who  hunts,  pursues  or  kills  any  of  tJie 
wild  birds  or  animals,  excepting  predatory  birds  or  animals,  without  first  procuring  a 
license  therefor,  as  provided  in  this  act,  is  guilty  of  a  misdemeanor. 

By  whom  issued. 

§  2.  Licenses  granting  the  privilege  to  hunt,  pursue  or  kill  wild  birds  or  animals, 
shall  be  issued  and  delivered  upon  application,  by  the  county  clerk  of  any  of  the  coun- 
ties of  this  state,  or  by  the  state  board  of  fish  commissioners,  who  shall  prepare  suitable 
licenses  of  convenient  form  and  size,  and  have  printed  or  stamped  thereon  the  words: 
"Hunting  License  No. ,  State  of  California,  expires  June  30,  19 — , "  with  the  regis- 
tration number,  and  appropriate  year  printed  or  stamped  thereon,  which  said  license 
shall  be  prepared  and  furnished  to  the  county  clerk,  and  for  their  own  disposition,  by 
the  state  board  of  fish  commissioners,  which  board  shall  take  receipt  therefor  by  number 
and  quantity,  from  the  several  county  clerks,  and  the  county  clerk  shall  be  responsible 
therefor  and  shall  account  for  the  same  to  the  controller  of  the  state  every  three  months, 
beginning  with  July  1st  of  each  year.  For  each  license  sold,  registered  and  accounted 
for  by  any  person  excepting  by  a  fish  commissioner,  he  shall  be  allowed  as  compensa- 
tion out  of  the  game  preservation  fund,  ten  per  cent  of  the  amount  accounted  for. 

Fees  for  hunting  licenses. 

$  3.     The  licenses  herein  provided  for  shall  be  issued  as  follows: 

First — To  any  citizen  of  the  United  States  who  is  a  bona  fide  resident  of  the  state 
of  California,  upon  the  payment  of  one  dollar. 

Second — To  any  citizen  of  the  United  States,  not  a  bona  fide  resident  of  the  state  of 
California,  upon  the  payment  of  ten  dollars. 

Third — To  any  person  not  a  citizen  of  the  United  States  who  shall  have  declared 
his  intention  to  become  such  citizen  according  to  the  law  made  and  provided  for  such 
purpose,  who  is  a  bona  fide  resident  of  the  state  of  California,  upon  the  payment  of 
ten  dollars;  provided,  that  after  he  has  declared  his  intention  to  become  a  citizen,  he 
must  complete  his  naturalization  at  the  earliest  period  allowed  by  law;  provided  fur- 
ther, that  said  applicant  shall  make  and  subscribe  an  oath  before  the  person  issuing 
such  license  that  he  has  not  claimed  his  citizenship  in  a  foreign  country  as  a  basis  for 
avoiding  service  in  the  armed  forces  of  the  United  States  and  the  person  issuing  such 
license  is  hereby  empowered  to  administer  said  oath. 


Act  1<!88,  §§  4-11 


GENERAL   LA^VS. 


836 


Fourth — To  any  person  not  a  citizen  of  the  United  States,  upon  the  payment  of 
twenty-five  dollars,  except  as  i^rovided  in  the  third  subdivision  of  this  section.  [Amend- 
ment of  April  21,  1919.    In  effect  July  22,  1919.    Stats.  1919,  p.  119.] 

This  section  was  also  amended  May  18.  I'JIT.     In  effect  July  27.  1917.     Stats.   1917,  p.  650. 

Application  for  license. 

§  4.  Every  person  applying  for  and  procuring  a  license  as  herein  provided  shall  fur- 
nish to  the  count}''  clerk  or  state  board  of  fish  commissioners,  his  name  and  resident 
address,  which  information  shall  be  by  the  clerk  or  board  entered  in  a  book  kept  for  that 
purpose,  and  provided  by  the  state  board  of  fish  commissioners,  together  with  a  state- 
ment of  the  date  of  issuance  and  the  number  of  the  license  issued  to  such  person.  Such 
applicant  shall  also  furnish  to  the  county  clerk  or  fish  commissioners  a  written  descrip- 
tion of  himself,  by  age,  height,  nationality  and  color  of  the  eyes  and  hair. 

Term  of  license. 

§  5.  All  licenses  issued  as  herein  provided  shall  be  valid,  and  shall  authorize  the 
person  to  whom  issued,  to  hunt,  pursue  and  kill  wild  birds  and  animals,  excepting  preda- 
tory birds  and  animals,  on  and  from  the  first  day  of  July  of  the  year  in  which  such 
license  is  issued  until  the  date  of  expiration  written  or  stamped  thereon,  but  no  license 
shall  continue  in  force  for  a  period  longer  than  one  year. 

Disposition  of  moneys. 

$  6.  All  moneys  collected  from  licenses  as  provided  herein,  and  all  fines  collected  for 
the  violation  of  the  provisions  hereof  shall  be  paid  into  the  state  treasury  and  credited 
to  the  game  preservation  fund. 

License  not  transferable. 

$  7.  Not  more  than'one  license  shall  be  issued  to  any  one  person  for  the  same  fiscal 
year,  except  upon  an  affidavit  by  the  applicant  that  the  one  issued  has-been  lost  or 
destroyed,  and  no  license  issued  as  herein  provided  shall  be  transferable  or  used  by  any 
other  person  than  the  one  to  whom  it  was  issued. 

Must  be  exhibited  on  demand. 

§  8.  Every  person  having  a  license  as  provided  herein,  who  while  hunting  refuses  to 
exhibit  such  license  upon  demand  of  any  officer  authorized  to  enforce  the  game  and  fish 
laws  of  this  state,  or  any  peace  officer  of  the  state,  shall  be  guilty  of  a  misdemeanor; 
and  every  person  lawfully  having  such  license,  who  transfers  or  disposes  of  the  same  to 
another  person  to  be  used  as  a  hunting  license,  shall  forfeit  the  same. 

Violation  of  act. 

$  9.  Every  person  violating  any  of  the  provisions  of  this  act,  shall,  upon  conviction 
thereof  be  punished  by  a  fine  of  not  less  than  ten,  nor  more  than  one  hundred  dollars,  or 
by  imprisonment  in  the  county  jail  for  a  term  of  not  less  than  ten,  nor  more  than  one 
hundred  days,  or  by  both  such  fine  and  imprisonment. 

Act  of  1907  repealed. 

5  10,  An  act  entitled  "An  act  to  regulate  and  license  the  hunting  of  game  birds  and 
animals  and  to  provide  revenue  therefrom  for  game  preservation  and  restoration  and  to 
make  appropriation  for  the  purpose  of  carrying  out  the  objects  of  this  act,"  approved 
March  13, 1907,  is  hereby  repealed, 

$  11.     This  act  shall  take  effect  and  be  in  force  on  and  after  July  1st,  1909. 


This  act  should  be  read  in  connection  with 
the  "issuance  for  resale  act  of  1915." — See 
Act  1692a. 

1.  Issuance  by  county  clerk — Entitled  to 
retain   fees. — Under   section    2    of   the   act   of 


1909,  relating  to  the  issuance  of  hunting 
licenses  by  county  clerks,  a  county  clerk 
whose  term  of  office  commenced  two  years 
after  the  act  went  into  effect,  is  entitled  to 
retain  his  commission  for  licenses  issued  by 


837  GAMIS   LAW  S.  Act  1690,  §§  1-3 

him    and    accounted    for    and    paid    into    the  County  of  Sacramento  v.  Pfund,  165  Cal.  84, 

state    treasury,    notwithstanding    section    9,  88,   130  Pac.  1041. 

article  XI,  of  the  constitution,  and  sections  See,  also.  County  of  Alameda  v.  Cook,  32 
4235  and  4290  of  the  Political  Code,  and  the  Cal.  App.  165.  162  Pac.  405;  County  of  Sac- 
amendments  thereto  of  1911  (134,  251),  con-  ramento  v.  Chambers,  33  Cal.  App.  142,  164 
strued    under   section    325,    Political   Code.^  Pac.  613. 

VOCATIONAL  FISHING  LICENSE  ACT  OF  1909. 

ACT  1690 — An  act  to  regulate  the  vocation  of  fishing,  and  to  provide  therefrom  revenue 

for  the  propagation,  restoration  and  preservation  of  fish  in  the  waters  of  the  state  of 

California. 

History:  Approved  March  13,  1909,  Stats.  1909,  p.  302.  Amended 
June  16,  1913.  In  effect  August  10,  1913,  Stats.  1913,  p.  985;  May  18, 
1917.  In  effect  July  27,  1917.  Stats.  1917,  p.  686.  prior  act  of  March 
21,  1887,  Stats,  1887,  p.  233,  superseded  by  the  present  act. 

License  required. 

§  1.  Every  person  who  uses  or  operates  or  assists  in  using  or  operating,  any  boat, 
net,  trap,  line  or  other  appliance  in  the  state  for  the  purpose  of  catching  or  taking  fish, 
mollusks  or  crustaceans  for  profit,  and  every  person  using  or  operating,  or  assisting  in 
using  or  operating  any  boat,  net,  trap,  line  or  other  appliance  for  taking  or  catching  fish, 
mollusks  or  crustaceans,  or  who  brings  or  causes  said  fish,  mollusks  or  crustaceans  to 
be  brought  ashore  at  any  point  in  the  state  for  the  purpose  of  selling  the  same  as  fresh 
fish,  without  first  procuring  a  commercial  fishing  license,  is  guilty  of  a  misdemeanor. 
[Amendment  of  May  18,  1917.    In  effect  July  27,  1917.    Stats.  1917,  p.  686.] 

Licenses  prepared  "by  controller.    Duty  of  president  of  commission. 

$  2.  The  controller  of  state  shall  prepare  suitable  licenses,  of  the  classes  designated 
by  the  fish  and  game  commissioners,  which  shall  license  the  holder  of  such  license  to 
catch  or  take  fish,  mollusks  or  crustaceans  or  to  assist  in  catching  or  taking  fish,  mol- 
lusks or  crustaceans,  as  provided  in  section  one  of  this  act,  for  the  term  of  one  year 
from  the  first  day  of  April  of  one  year  to  the  first  day  of  April  of  the  year  following. 
The  licenses  shall  be  numbered  consecutively,  beginning  with  number  one,  and  con- 
tain blanks  for  the  insertion  of  the  name  of  the  holder,  his  resident  address,  and  his 
description,  by  age,  height,  nationality  and  color  of  eyes  and  hair,  which  description 
shall  be  furnished  by  the  applicant  to  the  board  of  fish  and  game  commissioners.  The 
controller  shall  sign  all  licenses  and  deliver  the  same  to  the  fish  and  game  commissioners, 
on  demand,  who  shall  be  charged  for  the  same  by  the  controller.  Each  license,  before 
delivery  to  the  applicant  for  a  license,  must  be  countersigned  by  the  president  of  the 
board  of  fish  and  game  commissioners,  and  the  president  of  the  board  of  fish  and  game 
commissioners  shall  execute  a  bond  to  the  peoi^le  of  the  state  of  California,  in  the  sum  of 
two  thousand  dollars,  for  the  faithful  performance  of  the  duties  imposed  upon  him  by 
this  act.    [Amendment  of  May  18, 1917.    In  effect  July  27, 1917.    Stats.  1917,  p.  687.] 

Fee.    Forfeiture  of  license. 

^  3.  Licenses  shall  be  issued  and  delivered  upon  application  to  the  state  board  of  fish 
and  game  commissioners,  or  their  deputies.  The  license  fee  shall  be  ten  doUnrs  for  each 
person.  Not  more  that  [than]  one  license  shall  be  issued  to  any  one  person  for  the 
same  year,  except  i;pon  afTidavit  by  the  applicant  that  the  one  issued  has  been  lost  or 
destroyed,  and  no  license  issued  as  herein  provided  shall  be  transferable  or  used  by  any 
other  person  than  the  one  to  whom  it  was  issued.  Every  person  having  a  license  as 
provided  herein,  who  refuses  to  exhibit  such  license  upon  demand  of  any  officer  author- 
ized to  enforce  the  fish  and  game  laws  of  this  state,  or  any  peace  officer  of  this  state, 
or  who  transfers  or  disposes  of  tie  same  to  another  person  to  be  used  as  a  fi.^hornian'a 
license,  or  who  fails  to  have  his  license  with  him  where  it  may  be  readily  examined  by 


Act  1C91,  8§  1, 2  GENERAL,  LAWS.  838 

any  oflSeer  authorized  to  enforce  the  fish  and  game  laws,  at  the  time  he  is  using  or 
operating  or  assisting  in  using  or  operating  any  net,  trap,  line  or  other  appliance,  or 
who  uses  or  assists  in  using  any  net,  trap,  line  or  other  appliance  by  modes  or  methods 
in  violation  of  any  law,  for  the  preservation  of  fish  and  game  shall  forfeit  this  license. 
[Amendment  of  May  18,  1917.    In  effect  July  27,  1917.    Stats.  1917,  p.  687.] 

This  section  was  also  amended  June  16,  1913,  Stats.  1913,  p.  985. 

Fees  paid  to  whom. 

§  4.  The  said  license  fees  must  be  paid  to  the  fish  and  game  commissioners,  or  to 
some  one  designated  by  them  for  that  purpose.  [Amendment  of  May  18,  1917.  In 
effect  July  27,  1917.    Stats.  1917,  p.  687.] 

Credited  to  preservation  fund. 

$  5.  The  money  collected  from  such  licenses  shall  be  paid  by  the  commissioners  into 
the  state  treasury  to  the  credit  of  the  fish  and  game  preservation  fund.  [Amendment 
of  May  18,  1917.    In  effect  July  27, 1917.    Stats.  1917,  p.  687.] 

Penalty. 

§  6.  The  violation  of  any  provisions  of  this  act  is  hereby  declared  a  misdemeanor, 
and  every  person  violating  any  of  its  provisions,  shall,  upon  conviction  thereof,  be  fined 
in  a  sum  not  less  than  ten  nor  more  than  one  hundred  dollars,  or  by  imprisonment  in 
the  county  jail  for  a  term  of  not  less  than  ten  nor  more  than  one  hundred  days,  or  by 
both  such  fine  and  imprisonment;  and  all  fines  collected  for  any  violation  of  any  of  the 
provisions  of  this  section  shall  be  paid  into  the  state  treasury,  to  the  credit  of  the  fish 
and  game  preservation  fund.  [Amended  May  18,  1917.  In  effect  July  27,  1917. 
Stats.  1917,  p.  687.] 

$  7.  All  acts  and  parts  of  acts,  so  far  as  they  conflict  with  this  act,  are  hereby 
repealed. 

$  8.     This  act  shall  take  effect  immediately . 

1.     Constitutionality — Right    of    fishery, —  2.     Same. — Section  25  i^,   article  rv,  of  the 

The  act  is  not  violative  of  section  25,  article  constitution    expressly   empowers  the   legis- 

I,     of     the    constitution,     guaranteeing     the  lature  to  protect  fish  and  prevent  their  ex- 

rig-ht   of   fishery   upon   and   from    the   public  termination,  and  this  act  is  appropriate  for 

lands   of   the   state   and   the   waters   thereof,  that  purpose. — In  re  Parra,  24  Cal.  App.  339, 

and  is  valid. — In  re  Parra,  24  Cal.  App.  339,  141   Pac.   393. 
141  Pac.  393. 

DEALERS'  LICENSE  ACT  OF  1911.  ^ 

ACT  1691 — An  act  to  regulate  the  vocation  of  dealing  in  fish  and  in  wild  game  and  ani- 
mals by  wholesale  for  profit  and  to  provide  therefrom  revenue  for  the  propagation 
and  restoration  of  fish  and  game  in  the  state  of  California. 

History:    Approved  April  14,  1911,  Stats.  1911,  p.  900. 

License  for  fish  dealers. 

§  1.  Every  person  engaged  in  the  vocation  of  dealing  in,  buying  and  selling  fish  or 
shellfish  or  wild  game  or  animals  by  wholesale  in  this  state,  must  first  obtain  a  license 
bef  ox'e  engaging  in  such  vocation. 

Controller  to  prepare  license.    Countersigned. 

§  2.  The  controller  of  state  shall  prepare  suitable  licenses,  of  the  classes  designated 
by  the  fish  and  game  commissioners  which  shall  purport  to  license  the  holder  of  such 
license  to  buy,  sell  and  deal  in  fish  and  shellfish  and  wild  game  and  animals  in  this  state 
by  wholesale  for  the  term  of  one  year  from  the  first  day  of  July  of  one  year  to  the  first 
day  of  July  of  the  year  following.  All  licenses  shall  be  numbered  consecutively  begin- 
ning with  number  one  and  contain  blanks  for  the  insertion  of  the  name  of  the  holder, 


«39  GA9IE:   LAWS.  Act  1691,  §§  3-8 

his  residence,  and  place  of  business,  which  information  shall  be  furnished  by  the  appli- 
cant to  the  board  of  fish  and  game  commissioners.  The  controller  shall  sign  all  licenses 
and  deliver  the  same  to  the  fish  and  game  commissioners,  on  demand,  who  shall  be 
charged  for  the  same  by  the  controller.  Each  license,  before  delivery  to  tha  applicant 
for  a  license,  must  be  countersigned  by  the  president  of  the  board  of  fish  and  game  com- 
missioners and  the  president  of  the  board  of  fish  and  game  commissioners  shall  execute 
a  bond  to  the  people  of  the  state  of  California  in  the  sum  of  two  thousand  dollars  for 
the  faithful  performance  of  the  duties  imposed  upon  him  by  this  act. 

To  whom  issued. 

$  3.  Licenses  shall  be  issued  and  delivered  upon  application  to  the  state  board  of  fish 
and  game  commissioners  or  their  deputies.  The  licenses  herein  provided  for  shall  be 
issued  as  follows:  To  any  citizen  of  the  United  States  and  to  any  person  who  has  duly 
made  his  declaration  of  intention  to  become  a  citizen  of  the  United  States  as  provided 
by  law,  upon  the  payment  of  five  dollars;  to  any  person  not  a  citizen  of  the  United 
States  upon  the  pajonent  of  twenty  dollars.  Not  more  than  one  license  shall  be  issued  to 
any  one  person  for  the  same  year,  except  upon  an  affidavit  by  the  applicant  that  the  one 
issued  has  been  lost  or  destroyed,  and  no  license  issued  as  herein  provided  shall  be 
transferable  or  used  by  any  other  person  than  the  one  to  whom  it  was  issued.  Every 
person  having  a  license  as  provided  herein,  who  refuses  to  exhibit  such  license  upon 
demand  of  any  officer  authorized  to  enforce  the  fish  and  game  laws  of  this  state,  or  any 
peace  officer  of  this  state,  or  who  transfers  or  disposes  of  the  same  to  another  person  to 
be  used  as  a  license,  shall  forfeit  this  license. 

To  whom  fee  is  paid. 

$  4.  The  said  license  fees  must  be  paid  to  the  fish  and  game  commissioners  or  to  soma 
one  designated  by  them  for  that  purpose. 

Money  collected  from  licenses,  disposition  of. 

§  5.  The  money  collected  from  the  sale  of  such  licenses  shall  be  paid  by  the  board  of 
fish  and  game  commissioners  into  the  state  treasury  to  the  credit  of  the  fish  and  game 
preservation  fund. 

Penalty  for  violation. 

5  6.  The  violation  of  any  provision  of  this  act  is  hereby  declared  a  misdemeanor,  and 
every  person  violating  any  of  its  provisions,  shall,  upon  conviction  thereof,  be  fined  in 
a  sum  not  less  than  twenty  nor  more  than  five  hundred  dollars,  or  by  imprisonment  in 
the  county  jail  for  a  term  of  not  less  than  ten  nor  more  than  one  hundred  days,  or  by 
both  such  fine  and  imprisonment;  and  all  fines  collected  for  any  violation  of  any  of  the 
provisions  of  this  section  shall  be  paid  into  the  state  treasury  to  the  credit  of  the  fish 
and  game  preservation  fund. 

$  7.     All  acts  and  parts  of  acts  in  conflict  with  this  act,  are  hereby  repealed. 
§  8.     This  act  shall  take  effect  immediately. 

Modified,    If    not    entirely    superseded    by  Constitutionality    of    statute    authorizing 

the  "state  market  commission  act." — See  summary  forfeiture  of  property  used  in  vlo- 
Act  4875.  lation  of. — Brief  in  65  L.  R.  A.  610. 

GAME   AND   PISH   LAWS.  Construction  of.— Brief  in  36  L.  R.  A.  765. 

As     affecting      interstate      commerce. — 13  ^ 

L.  R.  A.  804;  briefs  in  29  L.  R.  A.  715  and  ,  ^''"^^  ^""^  unusual  punishment  for  vlola- 

33  L.  R.  A.  696.  "°"  °^-— ^^  L-  R-  A.  572. 

As  to   sale  of   game  and  fish  Imported. —  Of  various  states. — 8  L.  R.  A.  448. 

33  L.  R.  A.  696.  Power  of  state  as  to. — Brief  In  40  L.  R.  A. 

Innof-ent  violation  of. — Brief  in  29  L.  R.  A.  152. 

''15.  Prohibiting    guiding    in    fishing    or    forest 


Act  1601a,  §g  1,  a 


GI^MiIRAL   LAWS. 


SiO 


hunting   without    registration. — 50   L.    R.    A. 
544. 

Right  of  state  to  regulate  talting  of  fish 
and  game. — Brief  in  58  L.  R.  A.  95. 
Fi8h   La>vs. 

Power  of  state  to  control  and  regulate 
fisheries. — 53  Am.  St.  Rep.   293. 

Regulations  for  preserving  game. — 40 
L.  R.  A.  151, 

Restriction  of  consignment  of  game  to 
market  by  common  carrier. — 32  L.  R.  A.  131. 

Power  of  states  to  regulate  taking  of  fish 
in   tide   waters. — 23  Am.   St.   Rep.   837. 

Right  to  fish  on  lands  of  another. — 13 
Am.  St.  Rep.  416. 

Ownership  or  property  in  fish. — 131  Am. 
St.  Rep.  751. 

Right  to  take  or  catch  fish. — 131  Am.  St. 
Rep.  752. 

Power  of  state  to  regulate  taking  of  fish 
in    tide    water. — 23    Am.    St.    Rep.    837. 

Property  in  fish,  arises  when. — 58  Am.  St. 
Rep.  187. 

Gnnie  Lairs. 

Right  to  hunt  on  lands  of  another. — 13 
Am.   St.  Rep.   416. 

Applicable  to  game  purchased  on  Indian 
reservation. — 40   L.   R.   A.   759. 

Carriers  not  in  provision  as  to  penalty. — 
13  L.  R.  A.  33. 

Constitutionality  of  laws  protecting  game. 
— Note   42   Am.  St.  Rep.   138. 

Validity  of  statute  prohibiting  importa- 
tion of  game  during  closed  season. — 128  Am. 
St.   Rep.  534. 

Contract  for  cold  storage  of  game  during 
close  season. — 40  L.   R.  A.  151. 

Deer  in  large  park;  right  of  owner  to  kill 
in  close  time. — 35  L.  R.  A.   279. 


Following  moose  till  snowbound  and  cap- 
turing during  close  time. — 8  L.  R.  A.  448. 

Game  laws  as  affecting  interstate  com- 
merce.— Brief  in   53   L.  R.   A.   134. 

Game  laws;  game  as  property  of  the  state; 
validity  of  statute  authorizing  summary 
seizure  and  forfeiture  to  state  of  all  guns, 
etc.,  in  actual  use  in  violation  of  law. — 
Brief  in  65  L.  R.  A.  611. 

Individual  property  in  game;  liability  for 
unlawful  transportation  of. — Brief  in  9 
L.  R.  A.   183. 

Intent  in  killing  game  birds  taken  out  of 
state. — 13  L.  R.  A.  804. 

Liability  of  carrier  for  transporting  game. 
—29  L.  R.   A.  714. 

Taking  carcasses  from  carrier  during  in- 
terstate transportation. — 13  L.  R.  A.  33. 

Possession  during  closed  season;  prior  ac- 
quisition.— Brief  in  52  L.  R.  A.  803. 

Power  of  state  to  impose  restriction  on 
right  to   kill. — Brief  in   51  L.  R.   A.   405. 

Proiiibited  possession  of  game  killed  in 
other  state. — 36  L.  R.  A.  765. 

Prohibiting  possession  of  quail  during 
closed  season. — 51  L.  R.  A.  404. 

Prohibiting  transportation  of  game  killed. 
— 9  L.  R.  A.  138. 

Protecting  game  by  either  general  or 
special  laws. — 33  L.  R.  A.  114. 

State  act  prohibiting  killing  of  birds  to 
be  taken  from  state. — 13  L.  R.  A.  804. 

Third  person  liberating  animal  captured 
during  close  time. — 8  L.  R.  A.   448. 

As  to  shipping  of  Tvild  grame  by  parcel 
post. — See  In   re  Phoedovius,  177  Cal.   238. 

See,  also,  Kerr's  Cyc.  Penal  Code,  §  627b. 


CANNERS'  LICENSE  ACT  OF  1917. 
ACT  1691a — An  act  to  license  canners,  curers,  preservers  and  packers  of  fish  and 
handlers  of  crustaceans  and  mollusks,  and  providing  a  revenue  therefrom  for  the 
conservation,  propagation  and  restoration  of  fish  in  the  state  of  California,  and  pro- 
viding for  a  record  of  fish  caught  or  received,  and  providing  penalties  for  the  viola- 
tions of  the  provisions  thereof,  and  repealing  all  acts  and  parts  of  acts  in  conflict 
therewith. 

History:    Approved  May  28,  1917.     In  effect  July  27,  1917.     Stats. 
1917,  p.  1275. 

Unlawful  to  can,  etc.,  fish  without  license. 

^  1.  Any  person  in  ibis  state,  who  engages  in  the  business  of  canning,  curing,  pre- 
serving or  packing  fish,  which  are  taken  in  the  waters  of  this  state  or  are  brought  into 
this  state  in  a  fresh  condition;  or  of  manufacturing  fish  scrap,  fish  meal,  fish  oil, 
chicken  feed  or  fertilizer  from  fish  or  fish  offal;  or  of  dealing  in  mollusks  or  crusta- 
ceans by  wholesale,  without  first  procuring  a  license  for  each  plant  or  place  of  business, 
is  guilty  of  a  misdemeanor. 

Licenses  prepared  by  controller. 

$  2.  The  controller  of  state  shall  prepare  suitable  licenses,  of  the  classes  designated 
by  the  fish  and  game  commissioners,  which  shall  license  the  holder  of  such  license  to 
can,  cure,  preserve  or  pack  fish,  to  manufacture  fish  meal,  fish  oil  and  other  products 
from  fish,  and  to  deal  in  mollusks  and  crustaceans  by  wholesale  in  this  state,  (subject 
to  the  restrictions  provided  by  law)  as  provided  in  section  one  of  this  act,  for  the  term 


?41  GAME   LAWS.  Act  IGOla,  §§  3-« 

of  one  year,  from  the  first  day  of  July  of  one  year  to  the  thirtieth  day  of  June  of  the 
year  following.  All  licenses  shall  be  numbered  consecutively,  beginning  with  number 
one  and  contain  blanks  for  the  insertion  of  the  name  of  the  holder,  his  residence,  and 
place  of  business,  which  information  shall  be  furnished  by  the  applicant  to  the  board  of 
fish  and  game  commissioners.  The  controller  shall  sign  all  licenses  and  deliver  the 
same  to  the  fish  and  game  commissioners,  on  demand,  who  shall  be  charged  for  the 
same  by  the  controller.  Each  license,  before  delivery  to  the  applicant  for  a  license, 
must  be  countersigned  by  the  president  of  the  board  of  fish  and  game  commissioners 
and  the  president  of  the  board  of  fish  and  game  commissioners  shall  execute  a  bond  to 
the  people  of  the  state  of  California  in  the  sum  of  two  thousand  dollars  for  the  faithful 
performance  of  the  duties  imposed  upon  him  b3'  this  act. 

Issued  to  whom. 

§  3.  Licenses  shall  be  issued  and  delivered  upon  application  to  the  state  board  of 
fish  and  game  commissioners  or  their  deputies.  The  licenses  herein  provided  for  shall 
be  issued  as  follows :  To  any  citizen  of  the  United  States  and  to  any  person  who  has 
duly  made  his  declaration  of  intention  to  become  a  citizen  of  the  United  States  as  pro- 
vided by  law,  upon  the  payment  of  five  dollars;  to  any  person  not  a  citizen  of  the 
United  States,  upon  the  payment  of  twenty  dollars.  In  case  a  license  is  lost  or 
destroyed,  a  duplicate  may  be  issued  to  any  licensee  by  the  fish  and  game  commission, 
upon  the  affidavit  by  him  that  the  one  issued  has  been  lost  or  destroyed.  Every  person 
having  a  license  as  provided  herein,  who  refuses  to  exhibit  such  license  upon  demand 
of  any  officer  authorized  to  enforce  the  fish  and  game  laws  of  this  state,  or  any  peace 
officer  of  this  state,  or  who  transfers  or  disposes  of  the  same  to  another  person  to  be 
used  as  a  license,  shall  forfeit  this  license. 

Payment  of  fees. 

§  4.  The  said  license  fees  must  be  paid  to  the  fish  and  game  commissioners  or  to 
some  one  designated  by  them  for  that  purpose. 

Record  of  fish  purchased.    Monthly  statement  to  fish  and  game  commission. 

$  5.  Every  person  operating  under  a  license  as  provided  in  section  one  of  this  act, 
and  every  person  dealing  in  fresh  fish  shall  keep  a  book  or  books  in  which  shall  be 
entered  a  full  and  correct  record,  in  the  English  language,  of  all  fresh  fish  purchased  or 
received  by  them  from  fishermen  or  taken  by  themselves,  giving  the  names  of  the  dif- 
ferent species,  and  the  mimber  of  pounds  so  received  or  caught  of  each  different 
species,  and  the  name  and  address  of  the  person  or  persons  from  whom  such  fish  wei'e 
received.  Said  book  or  books  are  to  be  open  at  all  times  for  the  inspection  of  members 
of  the  fish  and  game  commission  or  persons  duly  authorized  by  them.  They  shall  also 
render  to  the  fish  and  game  commission,  on  or  before  the  tenth  day  of  each  month  on 
blanks  to  be  furnished  by  the  said  fish  and  game  commission,  a  true  and  cori-eet  state- 
ment showing  the  amount  of  each  species  of  fresh  fish,  stated  separately,  so  purchased, 
received  or  caught  during  the  previous  month,  together  with  the  name  and  address  of 
the  person  or  persons  from  whom  such  fish  were  received  or  purchased.  Said  monthly 
statements  are  to  be  accompanied  b}'  an  affidavit  to  the  effect  that  the  said  report  is  a 
true  and  correct  statement  of  all  the  fish  received  from  fishermen  or  caught  by  them- 
selves during  the  time  covered  by  the  report. 

Receipts  to  fishermen. 

^  6.  Every  person  operating  under  a  license  as  provided  in  section  one  of  this  act, 
and  every  person  dealing  in  fish  who  receives  fish  from  fishermen  shall  issue  receipts 
to  the  fishermen  from  whom  fish  are  received  and  shall  give  in  such  receipt  the  date 
of  issuance,  the  name  of  the  fisherman  or  fishermen  to  whom  issued,  the  weight  in 
pounds  of  each  varietj'^  of  fish  received,  the  price  per  pound  paid  to  the  fishermen,  and 
the  signature  of  the  dealer  who  issued  the  receipt.    A  duplicate  manifold  copy  of  this 


Act  lC01a,g§  7-10  GKNERAL,   LAWS.  S12 

receipt  shall  be  kept  on  file  by  the  dealer  issuing  the  same,  for  a  period  of  six  months 
and  the  said  duplicate  copy  shall  be  available  for  inspection  at  any  time  within  sis 
months,  upon  demand  of  the  fish  and  game  commission,  or  any  duly  authorized  assistant 
thereof. 

Privilege  tax.     Quarterly  report   of  fresh  fish  purchased.     Affidavit.    Forfeiture   of 

license. 

§  7.  Every  person  operating  under  a  license,  as  provided  in  section  one  of  this  act, 
shall,  in  addition  to  the  license  fee,  pay  a  privilege  tax  of  two  and  one-half  cents  for 
each  one  hundred  pounds,  or  fraction  thereof,  of  fish  purchased  or  received  by  them, 
or  fish  caught  or  taken  by  themselves,  with  their  own  equipment;  provided,  that  any 
fish,  excepting  mollusks  and  crustaceans,  so  taken  or  received,  which  are  utilized  for 
human  consumption  in  its  fresh  state,  shall  not  be  subject  to  such  tax;  and  provided, 
further,  that  herring  and  buck  shad  shall  also  be  exempt  from  the  tax  provided  herein ; 
and  such  person  shall,  in  addition  to  making  a  monthly  report  as  provided  in  section 
five  of  this  act,  make  a  quarterly  report  to  the  fish  and  game  commission,  showing  the 
the  total  amount  of  fresh  fish,  in  pounds,  purchased,  caught  or  received  by  them  (for 
purposes  other  than  human  consumption  in  its  fresh  state),  and  of  mollusks  and  crusta- 
ceans purchased  or  received  by  them  from  fishermen,  or  caught  by  themselves,  whether 
they  be  used  fresh  or  othemdse,  during  the  three  months  next  preceding  March  thirty- 
first,  June  thirtieth,  September  thirtieth,  and  December  thirty-first  of  each  year. 
Blanks  for  this  report  shall  be  furnished  by  the  fish  and  game  commission,  and  such 
report  shall  be  rendered  to  the  fish  and  game  commission,  not  later  than  the  fifteenth 
day  of  the  month  following  the  months  of  March,  June,  September  and  December  of 
each  year.  Said  reports  shall  be  accompanied  by  an  affidavit  by  the  person  or  firm 
purchasing,  taking,  catching  or  receiving  such  fish,  to  the  effect  that  said  report  is  a 
true  and  correct  record  of  all  fish  caught  or  received  by  them  (for  purposes  other  than 
human  consumption  in  its  fresh  state) ;  and  of  all  mollusks  and  crustaceans  jDurchased 
or  received  from  fishermen,  or  caught  by  themselves,  during  the  quarterly  period 
covered  by  the  report.  Upon  the  failure  of  any  person  operating  under  a  license,  as 
provided  in  section  one  of  this  act,  to  pay  the  privilege^tax  provided  herein,  said  person 
shall  forfeit  his  license  for  a  period  of  one  year.  Said  privilege  tax  shall  be  paid  to  the 
fish  and  game  commission,  or  some  one  authorized  by  them,'  within  thirty  days  after 
the  close  of  each  quarterly  period. 

Moneys  used  for  conservation  work. 

§  8.  All  moneys  collected  from  the  sale  of  licenses  and  from  the  privilege  tax  on 
fish,  as  herein  provided,  shall  be  paid  to  the  fish  and  game  commissioners,  or  some  one 
designated  by  them  for  that  purpose  and  all  moneys  so  collected  shall  be  paid  by  the 
fish  and  game  commission  into  the  state  treasury,  to  the  credit  of  the  fish  and  game 
preservation  fund,  and  shall  be  expended  on  conservation  work  for  the  benefit  of  the 
commercial  fishing  industries  within  the  districts  from  which  the  revenues  are  derived. 

Penalty  for  violation. 

§  9.  The  violation  of  any  of  the  provisions  of  this  act  is  hereby  declared  a  misde- 
meanor, and  every  person  violating  any  of  its  provisions,  shall,  upon  conviction  thereof, 
be  fined  in  a  sum  not  less  than  one  hundred  nor  more  than  five  hundred  dollars,  or  by 
imprisonment  in  the  county  jail  for  a  term  of  not  less  than  twenty-five  nor  more  than 
one  hundred  and  fifty  days,  or  by  both  such  fine  and  imprisonment;  and  all  fines  col- 
lected for  any  violation  of  any  of  the  provisions  of  this  section  shall  be  paid  into  the 
state  treasury,  to  the  credit  of  the  fish  and  game  preservation  fund. 

Repealed. 

§  10.     All  acts  and  parts  of  acts  in  conflict  herewith  are  hereby  repealed. 

Modified  by  the  "state  market  commission  act,"  enacted  at  same  session. — See  Act  4875. 


S43  GAME   LAWS.  Act  1692,  §§  1-5 

FISHING  LICENSE  ACT  OF  1913. 

ACT  1692 — An  act  to  regulate  and  license  the  taking  and  catching  of  game  fishes  and 

to  define  game  fish  and  to  provide  revenue  therefrom,  for  fish  preservation  and 

restoration. 

History:  Approved  June  16,  1913.  In  effect  January  1,  1914.  Stats. 
1913,  p.  986.  Amended  April  5,  1917.  In  effect  July  27,  1917,  Stats. 
1917,  p.  37. 

License  to  take  game  fish. 

^  1.  Every  person  over  the  age  of  eighteen  years  who,  in  the  state  of  California, 
takes,  catches,  or  kills  any  game  fish  for  any  purpose  other  than  for  profit,  without 
first  procuring  a  license  therefor,  as  provided  in  this  act  is  guilty  of  a  misdemeanor. 

Licenses  issued  by  county  clerks. 

§  2.  Licenses  granting  the  privilege  to  take,  catch  or  kill  game  fishes  for  purposes 
other  than  for  profit,  shall  be  issued  and  delivered,  upon  application,  by  the  county 
clerk  of  any  of  the  counties  of  this  state,  or  by  the  state  board  of  fish  and  game  com- 
missioners, which  board  shall  prepare  suitable  licenses  of  convenient  form  and  size 

and  have  printed  or  stamped  thereon  the  words  "Sporting  Fishing  License  No.  , 

State  of  California,  expires  December  31,  19 — ,"  with  the  registration  number  and 
appropriate  year  printed  or  stamped  thereon,  which  said  license  shall  be  prepared 
and  furnished  to  the  county  clerks  for  their  own  disposition  by  the  state  board  of 
fish  and  game  commissioners,  which  board  shall  take  receipt  therefor  by  number  and 
quantity,  from  the  several  county  clerks  and  the  county  clerks  shall  be  responsible 
therefor,  and  shall  account  for  the  same  to  the  controller  of  the  state  every  three 
months  beginning  with  the  first  day  of  January  of  each  year.  For  each  license  sold, 
registered  and  accounted  for  by  any  person,  excepting  by  a  fish  and  game  commis- 
sioner, he  shall  be  allowed  as  compensation,  for  his  own  use,  out  of  the  fish  and  game 
preservation  fund,  ten  per  cent  of  the  amount  accounted  for. 

Fees  for  game  fish  license. 

$  3.     Licenses  as  herein  provided  for  shall  be  issued  as  follows : 

First — To  any  citizen  of  the  United  States,  over  the  age  of  eighteen  years,  v.ho  is  a 
bona  fide  resident  of  the  state  of  California,  upon  the  payment  of  one  dollar;  provided, 
that  licenses  shall  be  issued  to  veterans  of  the  Civil  War  free  of  charge. 

Second — To  any  citizen  of  the  United  States,  over  the  age  of  eighteen  years,  not  a 
bona  fide  resident  of  the  state  of  California,  upon  the  payment  of  three  dollars. 

Third — To  any  person,  not  a  citizen  of  the  United  States  and  over  the  age  of  eighteen 
years,  upon  the  payment  of  three  dollars.  [Amendment  of  April  5,  1917.  In  effect 
July  27,  1917.     Stats.  1917,  p.  37.] 

Facts  given  by  applicant. 

§  4.  Every  person  applying  for  and  securing  a  license  as  herein  provided,  shall 
furnish  to  the  county  clerk  and  the  state  board  of  fish  and  game  commissioners  his 
name  and  residence  address,  which  information  shall  be  by  the  clerk  or  board  entered 
in  a  book  kept  for  that  purpose,  and  provided  by  the  state  board  of  fish  and  game 
commissioners,  together  with  a  statement  of  the  date  of  issuance  and  the  number  of 
the  license  issued  to  such  person.  Such  applicant  shall  also  furnish  to  the  county 
clerk  or  fish  and  game  commissioners  a  written  description  of  himself,  by  age,  height, 
nationality,  and  color  of  eyes  and  hair. 

Life  of  license. 

^  5.  All  licenses  issued  as  herein  provided  shall  be  valid,  and  shall  authorize  the 
person  to  whom  issued  to  take,  catch  and  kill  game  fishes  in  accordance  with  law,  on 


Act  1C92,  §§  C-12  GENERAL,   LAWS.  S44 

and  from  the  first  day  of  January  of  the  year  in  which  such  license  is  issued^  until 
the  date  of  expiration  written  or  stamped  thereon,  but  no  license  shall  continue  in 
force  for  a  period  longer  than  one  year,  nor  shall  such  license  be  issued  to  any  person 
unless  the  holder  thereof  shall  agree  to  exhibit  any  game  f.sh  in  his  possession  to  any 
regularly  appointed  deputy  fish  and  game  commissioner  upon  demand,  said  agreement 
to  be  contained  in  said  license. 

Only  one  license  to  a  person. 

§  G,  Not  more  than  one  license  shall  be  issued  to  any  one  person  for  the  same 
license  year,  except  upon  an  affidavit  by  the  applicant  that  the  one  previously  issued 
has  been  lost  or  destroyed,  and  no  license  issued  as  herein  provided  shall  be  trans- 
ferable or  used  by  any  other  person  than  the  one  to  whom  it  was  issued. 

Must  exhibit  license  or  fish. 

$  7.  Every  person  having  a  license  as  provided  herein  must  exhibit  such  license, 
or  any  game  fish  that  may  be  in  his  possession,  upon  demand  of  any  officer  authorized 
to  enforce  the  fish  and  game  laws  of  this  state,  or  any  peace  officer  of  the  state. 

Game  fish. 

^  8.  For  the  purposes  of  this  act  the  folloAving  only  shall  be  considered  game 
fishes:  Tuna,  yellow-tail,  jewfish  or  black  sea  bass,  albicore,  barracuda,  bonita,  rock 
bass,  California  whiting,  also  known  as  corbina  and  surf-fish,  yellow-fin  croaker,  spot- 
fin  croaker,  salmon,  steelhead  and  other  trout,  charr  whitefish,  striped  bass  and  black 
bass. 

Penalty  for  false  statement. 

^  9.  Every  person  who  makes  any  false  statement  as  to  any  of  the  facts  required 
by  this  act,  for  the  purpose  of  obtaining  a  license,  and  every  person  violating  any 
of  the  provisions  of  this  act  shall  be  guilty  of  a  misdemeanor  and  shall  upon  conviction 
thereof  be  punished  by  a  fine  of  not  less  than  twenty-five,  nor  more  than  one  hundred 
dollars  or  by  imprisonment  in  the  county  jail  for  a  term  of  not  less  than  ten  days 
nor  more  than  one  hundred  days  or  by  both  such  fine  and  imprisonment  and  shall 
forfeit  such  license  as  may  have  been  obtained,  and  uo  new  license  shall  be  issued  to 
such  person  for  the  remainder  of  the  license  year. 

Disposition  of  receipts. 

$  10,  All  moneys  collected  from  the  sale  of  licenses  as  provided  in  this  act  and  all 
fines  and  forfeitures  imposed  and  collected  for  the  violation  of  any  of  the  provisions 
thereof,  shall  be  paid  into  the  state  treasury  to  the  credit  of  the  fish  and  game  preser- 
vation fund. 

Not  applicable  to  game  commission. 

^  11.  Nothing  in  this  act  shall  apply  to  any  deputy  or  employee  of  the  California 
fish  and  game  commission  while  employed  in  taking  fish  for  scientific  purposes  or  for 
the  purposes  of  propagation  under  the  direction  of  said  commission. 

In  effect. 

§  12.     This  net  shall  take  effect  January  1.  1914, 

This  act  should  be  r4>ud  in  connection  witli  the  "issuance  for  resale  act"  of  1915. — See 
Act  1692a. 


645  GAME   LAIIVS.  Act  1692a,  §§  1-3 

ISSUANCE  FOR  RESALE  ACT  OF  1915. 
ACT  1692a — An  act  to  regulate  the  issuance  of  licenses  for  resale  to  hunters  and 
anglers. 

History:  Approved  May  20,  1915.  In  effect  August  8,  1915.  Stats. 
1915,  p.  685.  Amended  April  5,  1917.  In  effect  July  27,  1917.  Stats. 
1917,  p.  40;  May  18,  1917.     In  effect  July  27,  1917.    Stats.  1917,  p.  663. 

Who  may  issue  hunting  and  fishing  licenses. 

$  1.  Licenses  granting  the  privilege  to  take,  catch,  hunt  or  kill  fishes,  wild  mam- 
mals or  wild  birds  shall  be  issued  and  delivered,  upon  application  in  writing,  by  the 
county  clerk  of  any  of  the  counties  of  the  state,  or  by  the  state  board  of  fish  and  game 
commissioners,  or  by  the  persons  duly  appointed  and  authorized  by  any  such  county 
clerk  or  the  board  of  fish  and  game  commissioners.  [Amendment  of  May  18,  1917. 
In  effect  July  17,  1917.     Stats.  1917,  p.  663.] 

This  section  was  also  amended  April  5,  1917,  Stats.  1917,  p.  40. 

Compensation  for  sale  of  licenses. 

§  2.  For  each  license  sold,  registered  and  accounted  for  by  any  person,  except  by  a 
fish  and  game  commissioner  or  a  deputy  or  assistant  fish  and  game  commissioner  paid 
a  salary  in  full  for  his  services  to  the  state,  he  shall  be  allowed  as  compensation,  for 
his  own  use,  out  of  the  fish  and  game  preservation  fund,  ten  per  cent  of  the  amount  or 
amounts  accounted  for  by  him.  [Amendment  of  May  18,  1917.  In  effect  July  27,  1917. 
Stats.  1917,  p.  663.] 

This  section  was  also  amended  April  5,  1917,  Stats.  1917,  p.  40. 

Bond. 

$  3.  Every  person  aiathorized  to  issue  and  sell  licenses  under  the  provisions  of  this 
act  shall,  when  required  by  said  board  of  fish  and  game  commissioners,  execute  to  the 
fish  and  game  commission  a  good  and  sufficient  bond  in  a  sum  equal  to  the  value  of 
such  licenses  so  delivered  to  such  person  to  be  sold  as  herein  provided,  to  secure  the 
faithful  accounting  and  payment  to  the  fish  and  game  commission  of  the  funds  eollected 
from  the  sale  of  such  licenses  and  the  faithful  performance  of  the  duties  imposed  upon 
him  by  this  act,  and  said  board  of  fish  and  game  commissioners  is  hereby  authorized 
and  empowered  to  pay  the  premium  on  such  bond  out  of  the  fish  and  game  preserva- 
tion fund.  [Amendment  of  May  18,  1917.  In  eff'eet  July  27,  1917.  Stats.  1917,  p. 
663.] 

This  act  was  also  amended  April  5,  1917  (in  effect  July  27,  1917j  Stats.  1917,  p.  40), 
to  read  as  follows: 

Who  may  issue  hunting  and  fishing  licenses. 

^  1.  Licenses  granting  the  privilege  to  take,  catch,  hunt  or  kill  fishes,  wild  mam- 
mals or  wild  birds  shall  be  issued  and  delivered,  upon  application  in  writing,  by 
the  county  clerk  of  any  of  the  counties  of  the  state,  or  by  the  state  board  of  fish  and 
game  commissioners,  or  by  the  persons  duly  appointed  and  authorized  by  the  said 
county  clerks  or  the  board  of  fish  and  game  commissioners. 

Compensation  for  sale  of  licenses. 

$  2.  For  each  hunting  or  angler's  license  sold,  registered  and  accounted  for  by  any 
person,  except  by  a  fish  and  game  commissioner  or  a  deputy  or  assistant  fish  and  game 
commissioner  paid  a  salary  in  full  for  his  services  to  the  state,  he  shall  be  allowed  as 
compensation,  for  his  own  use,  out  of  the  fish  and  game  preservation  fund,  ten  per 
cent  of  the  amount  or  amounts  accounted  for  by  him,  and  for  each  market  fishermen's 
license  hereunder  fifty  cents. 


Act  1693,  §§  1-4  GBNBRAL   LAWS.  810 

FISH  PROPAGATORS '  LICENSE  ACT  OF  191L 

ACT  1693 — An  act  to  authorize  and  regulate  the  possession,  use,  transportation  and 

sale  of  trout  or  other  fish,  by  persons  engaged  in  the  husiness  of  propagating  and 

rearing  such  fish,   and  by  persons  who  transport  such  fisli,  and  by  persons  who 

purchase  fish  so  reared. 

History:     Approved  March  17,  1911,   Stats.  1911,  p.  378.     Amended 
May  26,  1917.    In  effect  July  27,  1917.     Stats.  1917,  p.  940. 

Fish  culture. 

§  1.  Any  citizen  of  the  state  of  California  who  owns  or  leases  land  held  in  private 
ownership  may  establish  and  maintain  thereon  ponds  for  the  culture  and  propagation 
of  trout  or  other  fish  subject  to  all  of  the  provisions  contained  in  this  act. 

Application  for  license. 

$  2,  Every  citizen  desiring  to  propagate  and  raise  domesticated  trout  or  other 
domesticated  fish  in  any  artificial  body  of  water  or  private  hatchery  shall  file  with  the 
fish  and  game  commission  a  written  ajjplication  for  a  license  so  to  do.  Said  applica- 
tion shall  state  the  name,  residence  and  place  of  business  of  the  applicant  and  shall 
set  forth  the  exact  description  of  the  land  upon  which  said  artificial  body  of  water  or 
private  hatchery  is  to  be  located  and  the  applicant's  title  to  said  land  and  the  kind 
and  number  of  fish  desired  to  be  kept  therein.  Said  application  shall  be  accompanied 
by  a  fee  of  five  dollars,  which,  if  such  application  be  granted,  shall  be  paid  into  the 
state  treasury  by  the  state  fish  and  game  commission  to  the  credit  of  the  fish  and  game 
preservation  fund.  [Amendment  of  May  16,  1917.  In  effect  July  27,  1917.  Stats. 
1917,  p.  941.] 

No  outlet  or  inlet. 

$  3.  All  artificial  bodies  of  water  or  private  hatcheries  in  which  domesticated  trout 
or  other  domesticated  fish  may  be  propagated  and  raised  under  the  provisions  of  this 
act  shall  be  entirely  within  the  exterior  boundaries  of  the  land  owned  or  leased  by  the 
applicant  for  said  license  and  there  shall  be  no  natural  inlet  or  outlet  for  the  waters 
contained  therein.  All  artificial  inlets  and  outlets  of  said  artificial  bodies  of  water  or 
private  hatcheries  must  be  screened  to  prevent  the  ingress  or  egress  of  fish  to  or  from 
any  natural  body  of  water.  [Amendment  of  May  26,  1917.  In  effect  July  27,  1917. 
Stats.  1917,  p.  941.] 

Granting  of  license. 

$  4.  Upon  the  receipt  of  said  application  the  state  board  of  fish  and  game  commis- 
sioners shall  make  an  examination  of  the  land  and  waters  described  in  the  said  appli- 
cation. All  the  expenses  of  the  said  examination  shall  be  borne  by  the  applicant.  If 
it  shall  appear  that  the  aforesaid  artificial  body  of  water  or  private  hatchery  has  been 
constructed  and  screened  according  to  the  provisions  of  this  act  and  the  application 
is  in  other  respects  proper  and  reasonable,  the  said  fish  and  game  commission  shall 
grant  to  such  applicant  a  license  to  propagate  and  raise  domesticated  trout  or  other 
domesticated  fish  mentioned  in  the  application  and  to  possess  said  domesticated  trout 
or  other  domesticated  fish  during  the  entire  calendar  year.  The  license  shall  be  posted 
or  displayed  in  a  conspicuous  place  on  the  land  described  in  the  application  and  shall 
expire  on  the  last  day  of  December  in  each  year  at  midnight. 

Permit  to  import  domesticated  fish. 

Upon  obtaining  a  permit  from  the  fish  and  game  commission  domesticated  trout  or 
other  domesticated  fish  raised  in  a  regularly  licensed  hatchery  under  the  laws  of  any 
other  state  may  be  imported  into  this  state,  transported,  sold  or  offered  for  sale  during 
the  entire  calendar  year  upon  the  payment  of  a  fee  of  five  dollars  per  yearj  provided, 


1. 


S47  game:   LAAVS.  Act  1693,  §§  5-10 

that  such  imported  domesticated  trout  or  other  domesticated  fish  shall  be  duly  tagged 
in  accordance  with  the  rules  and  regulations  to  be  prescribed  by  the  fish  and  game 
commission.  The  permit  issued  under  the  provisions  of  this  act  shall  be  posted  in  a 
conspicuous  place  in  the  principal  place  of  business  of  the  person  importing  such  fish 
and  shall  expire  on  the  last  day  of  December  in  each  year  at  midnight.  [Amendment 
of  May  26,  1917.    In  effect  July  27,  1917.     Stats.  1917,  p.  941.] 

Domesticated  fish  may  be  sold  during  year. 

§  5.  Domesticated  trout  or  other  domesticated  fish  propagated  and  raised  in  this 
state  under  the  license  granted  in  accordance  with  the  provisions  of  this  act  may  be 
transported,  sold  or  offered  for  sale  during  the  entire  calendar  year  when  duly  tagged 
according  to  the  rules  and  regulations  to  be  prescribed  by  the  fish  and  game  commission. 
[Amendment  of  May  26,  1917.    In  effect  July  27,  1917.     Stats.  1917,  p.  942.) 

Tags. 

$  6.  The  fish  and  game  commission  will  furnish  to  each  person  to  whom  a  license  or 
a  permit  has  been  issued  under  the  provisions  of  this  act  metallic  tags  inscribed  with 
the  letters  "C.  F.  &  G.  C."  Each  applicant  shall  pay  to  the  fish  and  game  commission 
for  such  tags  the  actual  cost  of  said  tags.  One  of  each  of  said  tags  shall  be  affixed 
to  each  domesticated  trout  or  other  domesticated  fish  raised  under  the  provisions  of 
this  act  and  transported,  sold  or  offered  for  sale  and  said  tag  shall  remain  so  affixed 
until  said  domesticated  trout  or  other  domesticated  fish  has  been  prepared  for  con- 
sumption. The  possession  of  any  domesticated  trout  or  other  domesticated  fish  without 
such  tag  affixed  thereto  shall  be  a  violation  of  this  act.  Only  tags  so  furnished  shall 
be  used;  no  tag  shall  be  used  more  than  once.  [Amendment  of  May  26,  1917.  In 
effect  July  27,  1917.     Stats.  1917,  p.  942.] 

Live  trout  transported. 

§  7.  Live  trout,  for  propagation  purposes  only,  may  be  transported  when  accom- 
panied by  a  permit  issued  by  the  fish  and  game  commission,  and  not  otherwise.  [Amend- 
ment of  May  26,  1917.    In  effect  July  27,  1917.     Stats.  1917,  p.  942.] 

Marking  of  package. 

§  8.  Before  any  domesticated  trout,  or  other  domesticated  fish  named  in  the  afore- 
said license  or  permit,  are  shipped  or  transported,  the  package  in  which  the  same  are 
contained  must  have  affixed  thereto  a  tag  on  which  shall  be  plainly  marked  the  number 
of  pounds  and  kind  of  fish  contained  therein,  together  with  the  name  and  address  of  the 
consignee  and  the  consignor,  the  initial  point  of  billing  and  the  point  of  destination. 
[Amendment  of  May  26,  1917.    In  effect  July  27,  1917.     Stats.  1917,  p.  942.] 

Sale  of  domesticated  fish. 

§  9.  Any  person  may  buy,  sell  or  have  in  possession  for  sale  for  use  as  food  at  any 
season  of  the  year  any  trout,  or  other  domesticated  fish,  artificially  propagated  and 
kept;  and  provided,  also,  that  the  same  is  tagged  as  hereinbefore  provided.  The  tag 
shall  be  removed  only  by  the  consumer,  and  when  removed  shall  be  destroyed.  [Amend- 
ment of  May  26,  1917.    In  effect  July  27,  1917.    Stats.  1917,  p.  942.] 

Report  to  fish  and  game  commission. 

$  10.  Every  person  receiving  a  license,  as  aforesaid,  to  propagate  and  raise  trout, 
or  other  domesticated  fish,  shall  make  a  written  report  to  the  fish  and  game  commis- 
sion on  or  before  December  thirty-first  of  each  year,  stating  the  number  and  variety  of 
trout,  or  other  fish  named  in  the  permit,  sold  or  exchanged,  or  given  away,  for  use  as 
food,  or  for  propagation  or  exhibition  during  the  preceding  year.  [Amendment  of 
May  26,  1917.    In  effect  July  27,  1917.     Stats.  1917,  p.  943.] 


Act  1693a,  S  1  GENERAL   LAAVS.  848 

Public  nuisance. 

^  11.  Any  lake,  pond,  or  any  body  of  water  maintained  in  violation  of  this  act  shall 
be  deemed  a  continuing  public  nuisance,  and  may  be  abated  as  provided  by  law  for  the 
abatement  of  public  nuisances,  and  each  day  the  same  is  maintained  in  violation  thereof 
shall  be  deemed  a  separate  offense.  [Amendment  of  May  26,  1917.  In  effect  July  27, 
1917.     Stats.  1917,  p.  943.] 

Penalty  for  violation.    License  revoked. 

§  12.  The  violation  of  any  of  the  provisions  of  this  act  is  hereby  declared  a  misde- 
meanor and  every  person  violating  any  of  its  provisions  shall,  upon  conviction  thereof, 
be  fined  in  a  sum  not  less  than  twenty-five  dollars,  or  by  imprisonment  in  the  county 
jail  for  a  term  of  not  less  than  twenty  days,  or  by  both  such  fine  and  imprisonment; 
and  all  fines  collected  for  any  violation  of  any  of  the  provisions  of  this  act  shall  be 
paid  into  the  state  treasury,  to  the  credit  of  the  fish  and  game  preservation  fund. 

If  any  person  to  whom  such  license  or  permit  shall  have  been  issued,  under  the 
provisions  of  this  act,  shall  be  convicted  of  a  violation  of  any  of  the  fish  and  game 
laws  of  this  state,  the  state  board  of  fish  and  game  commissioners  may  revoke  the 
license  or  permit  of  such  person  and  thereafter  no  similar  license  or  permit  shall  be 
issued  to  such  person.  [Amendment  of  May  26,  1917.  In  effect  July  27,  1917.  Stats. 
1917,  p.  943.] 

§  13.  [This  section  is  not  referred  to  in  the  amending  act,  but  appears  as  section  11, 
as  amended.] 

§  14.  [This  section  is  not  referred  to  in  the  amending  act,  but  it  appears  as  the 
first  paragraph  of  section  12,  as  amended.] 

$  15.     This  act  shall  take  effect  immediately. 

Editor's  note:  The  amendatory  act  of  made  to  form  practically  new  sections.  For 
1917  omits  any  mention  of  sections  thirteen  this  reason,  the  original  sections  thirteen 
and  fourteen,  although  section  thirteen  is  and  fourteen  are  omitted,  although  nomi- 
incorporated  in  section  eleven,  and  section  nally,  they  are  still  in  force, 
fourteen  in  section  twelve,  as  amended.  It  1.  Employee  of  trout  farm  not  in  ex- 
seems  obvious  that  it  was  the  legislative  eluded  class  under  "workmen's  compensa- 
purpose,  by  the  amendatory  act,  to  amend  tion  act." — An  employee  of  one  engaged 
the  original  act  entirely,  except  the  title  in  tlie  propagation  of  trout  under  this  act, 
and  section  one  and  to  make  a  new  act  with  is  not  excluded,  as  a  farm  laborer,  from 
twelve  instead  of  fourteen  sections.  Several  the  benefits  of  the  workmen's  compensation 
sections  and  parts  of  sections  of  the  original  act  of  1917. — Krobitzsch  v.  Industrial  Ac- 
act  were  consolidated,  and,  with  new  matter,  cident  Commission    (Cal.),   185   Pac.   396. 

PARASITIC  FISH  ACT. 
ACT  1693a — An  act  to  provide  for  the  protection  of  fish  and  to  prevent  the  introduc- 
tion into  this  state  of  parasitized,  infected  or  diseased  fish,  shellfish,  mollusks,  crusta- 
ceans, amphibians,  aquatic  plants  or  aquatic  animal  life,  and  declaring  the  same  to 
be  a  public  nuisance  and  authorizing  the  summary  destruction  of  same ;  providing  for 
a  quarantine,  for  the  enforcement  of  this  act,  and  making  a  violation  of  the  terms  of 
this  act  a  misdemeanor  and  providing  for  a  penalty  therefor. 

History:     Approved  April  9,   1919.     In   effect  July  22,  1919.     Stats. 
1919,  p.  59. 

Importation  and  transportation  of  diseased  fish,  etc.    Notice  to  commission.    Penalty. 

§  1.  Any  person,  firm  or  corporation,  who,  for  the  purpose  of  propagation,  receives, 
brings  in,  or  causes  to  be  brought  into  the  state  of  California,  any  fish,  shellfish,  crus- 
tacean, amphibian,  mollusk,  or  the  ova  of  any  fish,  shellfish,  crustacean,  amphibian  or 
mollusk,  or  any  aquatic  plant,  or  the  seeds  of  any  aquatic  plant,  from  any  state,  dis- 
trict or  foreign  country,  wherein  any  infected,  diseased  or  parasitized  fish,  shellfish, 
crustaceans,  amphibians,  mollusks  or  aquatic  plants  are  known  to  exist,  or  who  carries 


I 


849  GAME   LAWS.  Act  1693a.  §§  2-4 

or  causes  to  be  carried  from  one  point  in  this  state  which  has  been  posted  according  to 
the  provisions  of  this  act  to  any  other  point  in  this  state  any  infected,  diseased  or 
parasitized  fish,  shellfish,  crustacean,  amphibian  or  mollusk,  or  the  ova  of  any  such 
infected,  diseased  or  parasitized  fish,  shellfish,  crustacean,  amphibian  or  mollusk,  aquatic 
plant  or  seeds  of  such  aquatic  plant;  any  person,  firm  or  corporation  who  receives, 
^brings  or  causes  to  be  brought  into  the  state  of  California  for  the  purpose  of  propaga- 
tion any  fish,  shellfish,  crustacean,  amphibian,  mollusk,  aquatic  plant  or  the  seeds  of  any 
aquatic  plant  or  the  ova  of  any  fish,  shellfish,  crustacean,  amphibian  or  mollusjj  before 
notifying  the  board  of  fish  and  game  commissioners  of  the  probable  date  of  arrival  of 
such  fish,  shellfish,  crustacean,  amphibian,  mollusk,  aquatic  plant  or  the  seeds  of  any 
aquatic  plant,  or  who  places  or  causes  or  suffers  to  be  placed  any  fish,  shellfish,  crus- 
tacean, amphibian,  mollusk,  aquatic  plant  or  the  seeds  of  any  aquatic  plant  or  the  ova 
of  any  fish,  shellfish,  crustacean,  amphibian  or  mollusk,  in  or  into  any  private  or  public 
waters  of  this  state  before  inspection  by  the  state  fish  and  game  commission,  shall  be 
guilty  of  a  misdemeanor,  and  upon  conviction  shall  be  fined  not  less  than  one  hundred 
dollars,  or  be  imprisoned  in  the  county  jail  of  the  county  in  which  the  conviction  shall 
be  had,  not  less  than  fifty  days,  or  by  both  such  fine  and  imprisonment. 

All  fines  and  forfeitures  imposed  and  collected  for  any  violation  of  any  of  the  pro- 
visions of  this  act  shall  be  paid  into  the  state  treasury,  to  the  credit  of  the  fish  and  game 
preservation  fund. 

Inspection  by  commission. 

$  2.  The  board  of  fish  and  game  commissioners,  or  any  deputy  fish  and  game 
commissioner,  is  hereby  authorized  to  enter  at  any  time  any  car,  warehouse,  depot 
or  upon  any  ship,  within  the  boundaries  of  the  state  of  California,  whether  in  the 
stream,  or  at  the  dock,  wharf,  depot,  mole,  or  any  other  place,  where  such  fish,  shell- 
fish, mollusks,  amphibians,  crustaceans,  aquatic  plants,  or  the  seeds  of  any  such 
aquatic  plants,  or  ova  of  such  fish,  shellfish,  mollusks,  amphibians  or  crustaceans 
are  held  or  stored,  for  the  purpose  of  making  an  investigation  or  examination  to 
ascertain  whether  such  fish,  shellfish,  mollusks,  amphibians  or  crustaceans,  aquatic 
plants  or  the  seeds  of  any  aquatic  plants,  or  ova  of  such  fish,  shellfish,  mollusks  or 
amphibians  are  infected,  diseased  or  parasitized. 

Destruction  of  diseased  fish,  etc. 

$  3.  If,  after  such  examination  or  inspection  of  any  of  said  fish,  shellfish,  mollusks, 
amphibians,  crustaceans,  aquatic  plants  or  the  seeds  of  any  aquatic  plant,  or  ova  of 
such  fish,  shellfish,  mollusks,  amphibians  or  crustaceans,  the  same  are  found  to  be 
infected,  diseased  or  parasitized  as  aforesaid,  then  the  same  are  hereby  declared  to  be 
a  public  nuisance,  and  it  shall  be  the  duty  of  the  state  fish  and  game  commissioners 
to  summarily  destroy  said  infected,  diseased  or  parasitized  fish,  shellfish,  mollusks, 
amphibians,  crustaceans,  aquatic  plants  or  the  seeds  of  any  aquatic  plants,  or  ova 
of  such  fish,  shellfish,  mollusks,  amphibians  or  crustaceans. 

Reshipment  of  diseased  fish,  etc 

$  4.  If,  after  such  examination  or  inspection  of  any  of  said  fish,  shellfish,  mollusks, 
amphibians,  crustaceans,  aquatic  plants  or  the  seeds  of  any  aquatic  plant,  or  ova  of 
such  fish,  shellfish,  mollusks,  amphibians  or  crustaceans,  such  fish,  shellfish,  mollusks, 
amphibians,  crustaceans,  aquatic  plants,  or  the  seeds  of  any  aquatic  plant,  or  ova  of 
such  fish,  shellfish,  mollusks,  amphibians  or  crustaceans,  shall  be  deemed  to  be  dele- 
terious to  any  fish,  aquatic  plant  or  aquatic  animal  life  of  this  state,  it  shall  be  the  duty 
of  the  owner,  person,  firm  or  corporation  having  charge  or  possession  thereof  to  reship 
said  fish,  shellfish,  mollusk,  amphibian,  crustacean,  aquatic  plant  or  seeds  of  any 
aquatic  plant,  or  ova  of  such  fish,  shellfish,  mollusks,  amphibians  or  crustaceans,  within 

Gen.  Laws — 54 


Act  lC93b,  g  1  GENERAL,   LAWS.  850 

the  time  ordered  by  the  fish  and  game  commission,  or  said  fish,  shellfish,  mollusks, 
amphibians,  crustaceans,  aquatic  plants  or  seeds  of  any  aquatic  plant,  or  ova  of  such 
fish,  shellfish,  mollusks,  amphibians  or  crustaceans,  shall  be  destroyed  by  said  fish 
and  g-ame  commission. 

Notice  of  diseased  areas  to  he  posted  and  pulDlished.    Expense  of  inspection.    Tag  on 

package  containing  fish,  etc. 

§  5,  If  upon  examination  by  the  fish  and  game  commission,  infected,  diseased  or 
parasitized  fish,  shellfish,  mollusks,  amphibians,  crustaceans,  or  aquatic  plants,  are 
found  growing  within  this  state,  the  said  fish  and  game  commission  shall  post  notices 
describing  as  nearly  as  possible,  the  boundaries  of  such  areas  within  which  said  infected, 
diseased  or  parasitized  fish,  shellfish,  mollusks,  amphibians,  crustaceans,  or  aquatic 
plants  are  found,  and  shall  state  the  period  during  which  the  taking,  carrying  and 
transportation  of  said  infected,  diseased  or  parasitized  fish,  shellfish,  mollusks,  am- 
phibians, crustaceans,  or  aquatic  plants,  from  said  area  shall  be  unlawful.  The  fact 
of  posting  of  said  notices  shall  be  published  once  a  week  for  four  successive  weeks  in 
some  newspaper  of  general  circulation  in  the  county  in  which  said  infected  area  is 
situated,  and,  if  there  be  no  such  newspaper  in  said  county,  then  in  a  newspaper  of 
general  circulation  published  in  an  adjoining  county. 

The  expense  of  any  inspection  or  examination  made  necessary  by  the  provisions  of 
this  act,  shall  be  borne  by  the  owner  or  owners  of  said  fish,  shellfish,  mollusks,  am- 
phibians, crustaceans,  aquatic  plants  or  the  seeds  of  any  aquatic  plant,  or  ova  of  such 
fish,  shellfish,  mollusks,  amphibians,  and  crustaceans,  or  the  person  or  persons  importing 
same  into  this  state. 

Each  package  containing  such  fish,  shellfish,  mollusks,  amphibians,  crustaceans, 
aquatic  plants  or  the  seeds  of  any  aquatic  plants,  or  ova  of  such  fish,  shellfish,  mollusks, 
amphibians  and  crustaceans,  must  bear  in  a  conspicuous  place  a  tag  containing  the 
name  and  residence  of  the  consignor  and  the  name  and  residence  of  the  consignee,  and 
the  exact  contents  of  each  package. 

Repealed. 

§  6.  All  acts  or  parts  of  acts  inconsistent  with  any  of  the  provisions  of  this  act  are 
hereby  repealed. 

Oysters  exempt. 

§  7.    None  of  the  provisions  of  this  act  shall  apply  to  oysters. 

COMMERCIAL  FISHERY  STATISTICS. 
ACT  169313 — An  act  empowering  the  state  fish  and  game  commission  to  collect  statisti- 
cal data  of  the  commercial  fisheries  and  to  make  investigations  for  the  purpose  of 
gaining  knowledge  for  the  conservation  of  the  fisheries;  providing  a  system  for 
obtaining  an  accurate  record  of  each  variety  of  fish  caught;  providing  for  the  regis- 
tration of  fishing  boats  and  their  fishing  equipment,  and  providing  penalties  for  vio- 
lations of  this  act. 

History:    Approved  May  25,  1919.     In  effect  July  25,  1919.     Stata. 
1919,  p.  1201. 

Data  of  commercial  fisheries  to  he  gathered. 

§  1.  It  shall  be  the  duty  of  the  fish  and  game  commission  to  gather  data  of  the 
commercial  fisheries  and  to  prepare  the  data  so  as  to  show  the  real  abundance  of  the 
most  important  commercial  fishes;  to  make  such  investigations  of  the  biology  of  the 
various  species  of  the  fish  as  will  guide  in  the  collection  and  preparation  of  the  sta- 
tistical  information   necessary   to   determine    evidence   of   overfishing;    to   make   such 


< 


851  GAME   LAWS.  Act  IGOSb,  §§  2-4 

investigations  as  will  bring  to  light  as  soon  as  possible  those  evidences  of  overfishing 
as  are  shown  by  changes  in  the  age  groups  of  any  variety  of  fish;  to  determine  what 
measures  may  be  advisable  to  conserve  any  fishery,  or  to  enlarge  and  assist  any  fishery 
where  that  may  be  done  without  danger  to  the  supply. 

Record  of  fish,  etc.,  received  from  fishermen.  When  fish  dealer,  etc.,  catches  own  fish. 
$  2.  Every  person,  firm  or  corporation  engaged  in  the  business  of  buying,  canning, 
curing  or  preserving  fish,  or  manufacturing  fish  meal,  fish  oil  or  fish  fertilizer,  or  dealing 
in  fish,  mollusks  or  crustaceans,  shall  make  a  legible  record  in  the  form  of  a  receipt, 
said  record  to  be  in  triplicate  carbon  copies  and  on  forms  to  be  furnished  by  the  fish 
and  game  commission,  which  shall  show  the  name  of  the  fisherman  and  boat  or  the 
dealer  from  which  the  fish,  mollusks,  or  crustaceans  were  received,  together  with  the 
date  received,  the  weight  of  the  fish,  mollusks  or  crustaceans  by  species,  the  price 
received  by  the  fishermen  and  the  name  of  the  person  receiving  same. 

It  shall  be  stated  in  the  record  for  what  use  the  fish  are  intended,  whether  to  be 
sold  fresh  or  whether  they  are  to  be  canned,  cured,  made  into  fish  meal  or  fertilizer,  or 
any  other  disposition  is  to  be  made  of  them,  or  if  a  commercial  distinction  is  made 
between  different  sizes  or  qualities  of  any  species  or  variety,  it  must  be  so  stated  on  said 
record  or  receipt,  and  the  record  shall  also  state  if  the  fish  were  taken  in  foreign  waters, 
or  in  the  high  seas  off  another  state  or  foreign  country.  The  names  used  in  the  record 
for  designating  the  variety  or  species  of  fish  handled  must  be  the  name  which  is  in  com- 
mon usage,  and  the  fish  and  game  commission  shall  have  the  power  to  decide  what  is 
the  common  usage  name  of  any  variety. 

The  original  copy  of  this  record  shall  be  delivered  to  the  fisherman  at  the  time  of 
the  purchase  or  receipt  of  the  fish,  the  duplicate  copy  shall  be  kept  by  the  dealer  or 
person  receiving  the  fish  and  the  triplicate  copy  shall  be  delivered  to  the  fish  and  game 
commission  or  any  duly  authorized  assistant  thereof. 

Where  a  fish  dealer,  canner  or  preserver  catches  his  own  fish  he  shall  fill  out  the 
above  record  as  required  when  he  purchases  the  fish  from  fisherman  or  dealer  or  if 
it  so  desires  the  fish  and  game  commission  may  furnish  a  separate  form  for  such  cases. 
It  shall  be  the  duty  of  the  fish  and  game  commission  to  preserve  all  such  records  of  the 
fisheries  as  are  obtained  by  it  in  places  adequately  safeguarded  from  fire  or  other 
destructive  agencies  and  such  records  are  to  be  kept  in  such  manner  as  to  render  them 
accessible  for  reference  or  research,  the  intention  being  to  guard  against  the  destruc- 
tion or  such  neglect  of  the  records  as  will  detract  from  their  future  value. 

Record  of  fish  caught. 

$  3.  Any  master  of  any  otter  or  beam  trawl,  paranzella  net  or  similar  gear  taking 
fish  in  the  public  waters  of  this  state,  or  taking  fish  by  such  nets  without  the  state  and 
bringing  the  same  within  the  state,  shall  keep  a  record  in  a  book,  to  be  furnished  by 
said  fish  and  game  commission,  stating  the  time  and  place  of  each  haul  made  on  each 
trip,  the  duration  of  the  haul  and  approximate  catch  according  to  species  or  variety 
made  in  each  haul,  the  time  of  the  voyage  and  the  total  catch  by  species  as  weighed  out 
when  landed; 'provided,  further,  that  where  the  owner  of  the  vessel  or  boat  is  the 
dealer  selling  such  fish,  the  information  must  be  kept  by  the  dealer  in  a  form  approved 
by  the  fish  and  game  commission. 

Annual  statement  of  fish  canneries. 

§  4.  Every  person,  firm  or  corporation  engaged  in  the  business  of  canning,  curing  or 
preserving  fish  or  manufacturing  fishery  products  from  fish  or  fish  offal,  shall  render 
on  or  before  the  fifteenth  day  after  the  last  day  of  each  calendar  year  for  the  preced- 
ing year,  a  statement  on  forms  to  be  furnished  by  the  board  of  fish  and  game  com- 


ActlC93c,  §1  GENERAL   LAWS.  852 

missioners,  showing  name  of  person,  firm  or  corporation,  location  of  plant,  kind  of 
business,  capital  invested,  number  of  persons  employed,  number  of  months  operating, 
the  amount  and  kind  of  fishery  products  canned,  preserved  or  manufactured. 

Annual  statement  of  fishing  boat  owners. 

^  5.  Every  person,  firm  or  corporation  owning  or  operating  any  boat  engaged  in 
the  business  of  fishing  for  profit  in  the  public  waters  of  this  state  or  who  catch  fish 
without  the  state  and  bring  them  into  the  state,  shall  on  or  before  April  first  of  each 
calendar  year,  file  with  the  board  of  fish  and  game  commissioners  on  a  form  to  be  pro- 
vided by  the  fish  and  game  commission,  a  statement  giving  the  dimensions  of  the  lishing 
boat  or  boats  operated  by  said  person,  firm  or  corporation,  together  with  the  motive 
power,  number  in  crew,  equipment  and  description  of  fishing  gear. 

Right  to  enter  premises.    Penalty. 

§  6.  The  board  of  fish  and  game  commissioners  or  their  duly  appointed  agent  shall 
have  the  right  to  board  any  fishing  boat,  or  enter  any  place  of  business  where  fish  are 
sold  fresh,  or  canned,  or  cured,  or  any  reduction  works,  or  place  of  business  where 
fish  meal  is  made,  and  to  examine  any  and  all  books  and  records  containing  any  account 
of  fish  caught,  bought  or  sold. 

Every  person  violating  any  of  the  provisions  of  this  act,  or  who  fails  to  permit  an 
inspection  as  provided  in  section  six  of  this  act,  or  refuses  to  produce  any  books  or 
records  containing  any  record  of  fish  bought  or  sold  shall  be  guilty  of  a  misdemeanor 
and  punished  by  a  fine  not  less  than  one  hundred  dollars,  nor  more  than  five  hundred 
dollars,  or  imprisoned  in  the  county  jail  in  the  county  in  which  the  conviction  shall 
be  had,  not  less  than  fifty  days,  nor  more  than  six  months,  or  by  both  such  fine  and 
imj^risonment.  All  fines  and  forfeitures  imposed  and  collected  under  this  act  shall  be 
paid  into  the  state  treasury  to  the  credit  of  the  fish  and  game  preservation  fund. 

FISH  SUPPLY  CONSERVATION. 

ACT  1693c — An  act  to  conserve  the  fish  supply  in  California  by  empowering  the  fish 

and  game  commission  to  regulate  and  control  the  handling  of  fish  or  other  fishery 

products  for  the  purpose  of  preventing  deterioration  or  waste;  to  establish  grades 

to  which  the  fish  or  other  fishery  products   offered  for   delivery  to   canners   or 

preservers  or  to  the  fresh  fish  market  must  conform;  to  make  regulations  to  insure 

the  proper  handling  and  delivery  of  fish  or  fishery  products  to  canners,  preservers  or 

fresh  fish  dealers;  to  regulate  and  control  the  use  of  fish  or  other  fishery  products 

for  reduction  purposes,  and  to  provide  penalties  for  any  violation  of  any  of  the 

provisions  of  this  act. 

History:     Approved  May  25,  1919.     In  effect  July  25,  1919.     Stats. 
1919,  p.  1203. 

Jurisdiction  over  fish  industry. 

$  1.  The  fish  and  game  commission  is  hereby  vested  with  jurisdiction  to  regulate 
and  control  fishing  boats,  barges,  lighters  or  tenders,  commercial  fishermen,  fish  can- 
ners, packers  or  preservers,  fish  reduction  plants,  dealers  in  fish,  mollusks  or  crusta- 
ceans or  other  fishery  products,  in  so  far  as  it  may  be  necessary  to  inSure  the  taking, 
catching  and  delivery  of  the  fish  or  other  fishery  products  in  a  wholesome  and  sanitary 
condition  to  canning,  packing  and  preserving  plants  or  to  any  fresh  fish  dealer,  and 
to  prevent  deterioration  and  waste  of  fish  or  other  fishery  products.  Any  fish  and 
game  commissioner  or  duly  appointed  assistant  or  employee  of  the  fish  and  game  com- 
mission shall  have  the  authority  to  enter  any  canning,  packing,  preserving  or  reduction 
plant,  or  place  of  business  where  fish  or  other  fishery  products  are  packed  or  preserved, 
bought  or  sold,  or  to  board  any  fishing  l)oat,  barge,  lighter  or  tender  for  the  purpose 
of  carrying  out  the  provisions  of  this  act. 


I 


So3  GAME   LAWS.  Act  1693c,  §§  2-6 

Establishment  of  grades. 

§  2.  The  fish  and  game  commission  may  establish  grades  for  different  varieties  of 
fish  or  other  fishery  products,  which  said  grades  must  be  reached  and  conformed  to 
by  the  commercial  fishermen  who  deliver  fish  or  other  fishery  products  to  canners, 
packers  or  preservers  of  fish  or  to  fresh  fish  dealers,  or  to  reduction  plants,  and  every 
canner,  paclier  or  preserver  of  fish  or  fish  dealer  or  owner  of  reduction  plant  must 
conform  to  such  grade. 

Enforcement. 

§  3.  The  fish  and  game  commission  is  hereby  vested  with  full  power,  authority  and 
jurisdiction  to  make  and  enforce  such  regulations  as  may  be  necessary  or  convenient 
for  carrying  out  any  power,  authority  or  jurisdiction  conferred  under  this  act. 

Disposal  of  waste. 

$  4.  No  person,  firm  or  corporation  engaged  in  the  business  of  catching,  buying, 
selling,  canning,  packing  or  preserving  fish,  shall  suffer  or  permit,  or  cause  any  pre- 
ventable deterioration,  or  wilfully  do  any  act  that  might  cause  deterioration  or  waste 
of  any  fish  caught  or  taken  within  or  without  the  waters  of  this  state  and  brought  into 
this  state,  and  no  person,  firm  or  corjjoration  engaged  in  the  business  of  catching,  buy- 
ing, selling,  canning,  packing  or  preserving  fish  or  other  fishery  products  shall  sell  or 
offer  for  sale  or  delivery,  or  deliver  any  fish  or  other  fishery  products,  to  any  reduction 
plant  or  divert  fish  or  other  fishery  products  for  reduction  purposes  without  first  hav- 
ing written  permission  from  the  fish  and  game  commission,  and  no  reduction  plant 
shall  accept  or  receive  any  fish,  other  than  fish  offal,  from  any  person,  firm  or  corpora- 
tion without  such  written  permission. 

Canneries,  etc.,  may  not  take  more  fish  than  can  "be  handled. 

$  5.  No  person,  firm  or  corporation  engaged  in  the  business  of  taking  or  catching 
fish  or  other  fishery  products  shall  take,  catch  or  kill  more  fish  or  other  fishery  prod- 
ucts than  the  boat  or  boats  operated  by  said  person,  firm  or  corporation  can  handle 
without  preventable  deterioration,  waste  or  spoilage,  and  no  person  preserving  fish  or 
other  fishery  products  shall  accept  or  receive  or  agree  to  accept  or  receive  more  fish 
or  other  fishery  products  than  the  canning,  packing  or  preserving  plant  or  plants  of 
such  person,  firm  or  corporation  can  handle  without  preventable  deterioration,  waste  or 
spoilage,  and  no  person  dealing  in  fish  shall  take,  catch  or  kill,  accept  or  receive,  or 
agree  to  accept  or  receive,  more  fish  or  other  fishery  products  than  such  person,  firm 
or  corporation  is  able  to  handle  without  preventable  deterioration,  waste  or  spoilage. 

Complaint  of  violation  of  act.    Hearing. 

§  6.  Complaint  may  be  made  by  any  officer  charged  with  the  enforcement  of  the  fish 
and  game  laws,  or  any  person  having  knowledge  of  a  violation,  against  any  person,  firm 
or  corporation  violating  any  of  the  provisions  of  this  act  or  violating  any  of  the  rules 
or  regulations  made  by  the  fish  and  game  commission  under  the  provisions  of  this  act. 
Said  complaints  shall  be  in  writing,  setting  forth  the  particular  offense  charged  to  have 
been  committed,  a  copy  of  which  shall  be  filed  with  the  board  of  fish  and  game  commis- 
sioners and  a  copy  served  on  said  offender,  together  with  a  notice  setting  forth  the  time 
and  place  of  hearing,  which  hearing  must  be  held  in  the  county  in  which  said  violation 
is  alleged  to  have  been  committed.  The  person,  firm  or  corporation  charged  must  appear 
and  answer  either  in  person  or  by  attorney,  and  either  orally  or  in  writing,  within  five 
days  after  notice  having  been  served.  If  tlie  person  charged  fails  to  apjDcar  or  a^jpears 
and  denies  the  charge,  the  board  of  fish  and  game  commissioners  or  any  deputy  or 
employee  appointed  by  said  board  of  fish  and  game  commissioners  to  take  testimony, 
shall  proceed  to  hear  the  testimony  oft'ered  and  if  the  person,  firm  or  corporation  so 
charged  is  found  guilty  of  the  offense  charged,  the  board  of  fish  and  game  commissioners 


Act  1G04  GENERAL   LAWS.  S34 

may  suspend  for  a  period  not  to  exceed  ninety  days,  any  license  issued  by  any  state 
board  or  officer  to  such  person,  firm  or  corporation,  to  take,  catch,  kill,  buy,  sell,  can 
or  preserve  fish  or  fishery  products,  and  no  license  shall  be  issued  during  such  period 
of  suspension. 

Each  member  of  the  board  of  fish  and  game  commissioners  or  any  of  the  deputies  or 
employees  designated  to  take  testimony  at  the  hearing  provided  herein  shall  have  power 
to  administer  oaths,  take  affidavits  and  issue  subpoenas  for  the  attendance  of  witnesses 
at  such  hearing. 

Superior  court  may  compel  attendance  of  witnesses. 

The  superior  court  in  and  for  the  county,  or  city  and  county  in  which  any  proceeding 
may  be  held  under  the  authority  of  this  section,  shall  have  power  to  compel  the  attend- 
ance of  witnesses,  the  giving  of  testimony,  and  the  production  of  papers,  as  required 
by  any  subpoena  issued  under  authority  of  this  section.  The  fish  and  game  commission, 
or  representative  of  the  commission  before  whom  the  testimony  is  to  be  given  or  pro- 
duced may  in  the  case  of  refusal  of  any  witness  to  attend  or  testify  or  produce  any 
papers  required  by  such  subpoena,  report  to  the  superior  court  in  which  the  proceeding 
is  pending  by  petition  setting  forth  that  due  notice  has  been  given  of  the  time  and  place 
of  the  attendance  of  said  witness  or  the  production  of  said  papers  and  that  the  witness 
has  been  summoned  in  the  manner  prescribed  in  this  act  and  that  the  witness  has  failed 
and  refused  to  attend  or  produce  the  papers  required  by  the  subpoena  before  the  com- 
mission or  its  representatives,  in  the  case  or  proceeding  named  in  the  notice  of  time 
and  place  of  hearing  and  subpoena,  or  has  refused  to  answer  questions  propounded  to 
him  in  the  course  of  said  proceeding,  and  ask  an  order  of  said  court  to  compel  the 
witness  to  attend  and  testify  or  produce  said  papers  before  the  commission  or  its 
representatives. 

Order  directing  witness  to  appear. 

The  court  upon  the  petition  of  the  commission  or  its  representatives,  shall  enter  an 
order  directing  the  witness  to  apear  before  the  court  at  any  time  and  place  to  be  fixed 
by  the  court  in  such  order,  the  time  to  be  not  more  than  ten  days  from  the  date  of  the 
order,  and  then  and  there  show  cause  why  he  has  not  attended  and  testified  or  produced 
said  papers  before  the  commission  or  its  representatives.  A  copy  of  said  order  shall 
be  served  upon  said  witness.  If  it  shall  appear  to  the  court  that  said  subpoena  was 
regularlv  issued  by  the  commission  or  its  representatives  the  court  shall  thereupon  enter 
an  order  that  said  witness  shall  appear  before  the  commission  or  its  representatives 
at  the  time  and  place  entered  in  said  order,  and  testify  or  produce  the  required  papers, 
and  upon  failure  to  obey  said  witness  shall  be  dealt  with  as  for  contempt  of  court. 

Taking  of  depositions  of  witnesses. 

The  commission  or  its  representatives,  or  any  party  designated  by  the  fish  and  game 
commission,  may  in  any  investigation  or  hearing  before  the  commission,  or  its  repre- 
sentatives cause  the  deposition  of  witnesses,  residing  within  or  without  the  state,  to  be 
taken  in  the  manner  prescribed  by  law  for  like  depositions  in  civil  actions  in  the  supe- 
rior courts  of  this  state,  and  to  that  end  may  compel  the  attendance  of  witnesses  and 
the  production  of  documents  and  papers. 

"FISH  AND  GAME  PRESERVATION  FUND." 
ACT  1694 — An  act  to  create  a  fish  [and]  game  preservation  fund  and  to  unite  the  "fish 
commission  fund,"  and  the  "game  preservation  fund"  into  a  common  fund  to  be 
known  as  "fish  and  game  preservation  fund." 

History:     Approved  March   15,   1909,   Stats.   1909,  p.  392.     Amended 
April  8,  1911,  Stats.  1911.  p.  807. 


S55  GA3IE   LAW'S.  Acts  1694a,  1696,  §  1 

Creation  of  fund.    Where  kept.     To  what  applicable. 

§  1.  There  is  hereby  created  a  fund  to  be  known  as  and  called  "fish  and  game 
preservation  fund"  which  said  fund  shall  be  kept  in  the  state  treasury,  and  shall  be 
applicable  to  the  paj^ment  of  the  expense  of  propagating,  protecting,  restoring  and 
introducing  fish  in  the  public  waters  of  this  state,  and  to  the  propagation,  protection, 
restoration  and  transferring  of  game  birds  and  animals  in  the  state,  and  to  the  intro- 
duction of  game  birds  and  animals  into  the  state,  and  to  the  payment  of  the  expenses 
incurred  in  the  prosecution  of  offenders  against  the  fish  and  game,  and  fish  and  game 
license  laws  of  the  state,  and  for  the  cost  of  acquisition,  construction  and  maintenance 
of  fish  hatcheries  in  the  state,  and  to  all  other  necessary  expenses,  approved  by  the  fish 
and  game  commissioners.     [Amendment  approved  April  8,  1911.     Stats.  1911,  p.  807.] 

Definition  of  terms. 

§2.  Wherever  the  term  "fish  commission  fund,"  and  "game  preservation  fund" 
appears  in  any  of  the  codes  or  statutes  of  this  state,  it  shall  be  deemed  and  construed 
to  be  "fish  and  game  preservation  fund"  herein  created,  and  all  moneys  now  in  said 
funds  shall  be  transferred  to  the  fish  and  game  preservation  fund. 

Repeal  of  conflicting  acts. 

$  3.  All  acts  and  parts  of  act[s]  so  far  as  they  conflict  with  this  act  axe  hereby 
repealed. 

DISPOSITION  OF  FINES  AND  FORFEITURES. 

ACT  1694a — An  act  providing  for  the  disposition  of  fines  and  forfeitures  collected  in 

all  prosecutions  for  violations  of  the  laws  of  the  state  referring  to  wild  birds,  wild 

mammals  and  fishes. 

History:  Approved  May  20,  1915.  In  effect  August  8,  1915.  Stats. 
1915,  p.  685. 

Disposition  of  fines  collected  for  violation  of  fish  and  game  laws. 

$  1.  All  fines  and  forfeitures  imposed  or  collected  in  any  of  the  courts  of  this  state 
for  violations  of  any  of  the  laws  or  acts  providing  for  the  protection  or  preservation  of 
any  of  the  wild  birds,  wild  mammals  or  fishes,  shall  be  paid  by  the  court  imposing  or 
collecting  the  same  into  the  state  treasury  to  the  credit  of  the  fish  and  game  preserva- 
tion fund. 

§  2.  All  acts  or  parts  of  acts  in  so  far  as  they  conflict  with  this  act  are  hereby 
repealed. 

FISH  AND  GAME  DISTRICT  ACT  OF  1917. 

ACT  1696 — An  act  to  divide  the  state  of  California  into  fish  and  game  districts  and  to 

repeal  an  act  entitled  "An  act  to  divide  the  state  of  California  into  fish  and  game 

districts  and  to  repeal  an  act  entitled  'An  act  to  divide  the  state  of  California  into 

six  fish  and  game  districts,'  approved  March  21,  1911,  and  all  acts  or  parts  of  acts 

inconsistent  herewith,"  approved  May  15, 1915. 

History:  Approved  May  28,  1917.  In  effect  July  27,  1917.  Stats. 
1917,  p.  1047.  Amended  May  13,  1919.  In  effect  July  22,  1919.  Stats. 
1919,  p.  427.  Prior  act  of  March  21,  1911,  Stats.  1911,  p.  425,  amended 
entirely  June  16,  1913.  In  effect  August  10,  1913.  Stats.  1913,  p.  988. 
Repealed  by  the  act  of  May  19,  1915.  In  effect  August  8,  1915.  Stats. 
1915,  p.  589,  which  was  in  turn  repealed  by  the  present  act. 

State  divided  into  fish  and  game  districts. 

§  1.  The  state  of  California  is  herebj'  divided  into  fish  and  game  districts  to  be 
known  and  designated  as:  Fish  and  game  district  one,  fish  and  game  district  one  and 
one-half,  fish  and  game  district  one  "a,"  fish  and  game  district  one  "b, "  fish  and  game 
district  one  "c, "  fish  and  game  district  one  "d, "  fish  and  game  district  one  "e, "  fish 


Attl«»«,  8  2  GENERAL  LAWS.  8S6 

and  game  district  one  "f,"  fish  and  game  district  one  "g,"  fish  and  game  district 
one  "h,"  fish  and  game  district  one  "i,"  fish  and  game  district  one  "j,"  fish  and  game 
district  one  "k,"  fish  and  game  district  one  "1,"  fish  and  game  district  one  "m," 
fish  and  game  district  two,  fish  and  game  district  two  "  a, "  fish  and  game  district  three, 
fish  and  game  district  three  "a,"  fish  and  game  district  three  "b,"  fish  and  game  district 
three  **c, "  fish  and  game  district  three  "d,"  fish  and  game  district  three  "e,"  fish  and 
game  district  four,  fish  and  game  district  four  and  one-half,  fish  and  game  district  four 
"a,"  fish  and  game  district  four  **b,"  fish  and  game  district  four  **c,"  fish  and  game 
district  four  "d,"  fish  and  game  district  four  **e,"  fish  and  game  district  four  **f," 
fish  and  game  district  five,  fish  and  game  district  six,  fish  and  game  district  seven,  fish 
and  game  district  seven  "a,"  fish  and  game  district  eight,  fish  and  g&me  district  nine, 
fish  and  game  district  ten,  fish  and  game  district  eleven,  fish  and  game  district  twelve, 
fish  and  game  district  twelve  "a,"  fish  and  game  district  twelve  "b,"  fish  and  game 
district  thirteen,  fish  and  ga-me  district  fourteen,  fish  and  game  district  fifteen,  fish  and 
game  district  sixteen,  fish  and  game  district  seventeen,  fish  and  game  district  eighteen, 
fish  and  game  district  nineteen,  fish  and  game  district  twenty,  fish  and  game  district 
twenty  "a,"  fish  and  game  district  twenty-one,  fish  and  game  district  twenty-two,  fish 
and  game  district  twenty-three,  fish  and  game  district  twenty-four,  fish  and  game  dis- 
trict twenty-five  and  fish  and  game  district  twenty-six.  [Amendment  of  May  13,  1919. 
In  effect  July  22,  1919.    Stats.  1919,  p.  428.]  V 

District  one. 

§  2.  Fish  and  game  district  one  shall  consist  of  and  include  the  following  counties : 
Yuba,  Calaveras,  Tuolumne,  Mariposa,  Madera  and  Kings,  and  those  portions  of  Modoc 
county  not  included  in  fish  and  game  districts  one  "b"  and  one  "e";  those  portions 
of  Trinity  county  not  included  in  fish  and  game  district  one  '*d";  those  portions  of 
Shasta  county  not  included  in  fish  and  game  district  one  **e";  those  portions  of  Lassen 
county  not  included  in  fish  and  game  districts  one  "t"  and  twenty-five;  those  portions 
of  Tehama  county  not  included  in  fish  and  game  districts  one  "g"  and  twelve  "a"; 
those  portions  of  Plumas  county  not  included  in  fish  and  game  districts  one  "h"  and 
twenty-five;  those  portions  of  Butte  county  not  included  in  fish  and  game  districts 
twelve  "a"  and  twelve  "b";  those  portions  of  Sutter  county  not  included  in  fish  and 
game  district  twelve  "b";  those  portions  of  Sierra  and  Nevada  counties  not  included 
in  fish  and  game  district  twenty-three;  those  portions  of  Placer  county  not  included  in 
fish  and  game  district  twenty-three;  those  portions  of  El  Dorado  county  not  included 
in  fish  and  game  districts  one  "i"  and  twenty -three;  those  portions  of  Sacramento 
county  not  included  in  fish  and  game  district  twelve  "b";  those  portions  of  Amador 
county  not  included  in  fish  and  game  districts  one  **j"  and  twenty-four;  those  portions 
of  Alpine  county  not  included  in  fish  and  game  districts  one  "j"  and  twenty-four; 
those  portions  of  San  Joaquin  county  lying  east  and  north  of  the  east  or  right-hanJ 
bank  of  San  Joaquin  river  and  not  included  in  fish  and  game  districts  three  and  twelve 
"b";  those  portions  of  Stanislaus  county  lying  east  of  the  west  bank  of  the  San  Joaquin 
river;  those  portions  of  Merced  county  lying  east  of  the  west  bank  of  the  San  Joaquin 
river;  those  portions  of  Fresno  county  lying  east  of  the  west  bank  of  Fresno  slough, 
Fish  slough  and  Summit  lake  not  included  in  fish  and  game  districts  one  **k"  and 
twenty-six;  those  portions  of  Kern  county  lying  east  of  the  west  bank  of  Bull  slough 
and  the  west  and  south  banks  of  Buena  Vista  lake  to  the  southeast  comer  of  said  lake 
and  lying  north  of  a  line  extended  from  this  point  directly  east  and  intersecting  the 
Tejon  state  highway  and  lying  east  of  the  said  state  highway  from  the  above-mentioned 
point  of  intersection  to  where  the  said  state  highway  crosses  the  northern  boundary  line 
of  Los  Angeles  county,  not  included  in  fish  and  game  districts  one  "  1 "  and  one  "  m  "  and 
those  portions  of  Tulare  county  not  included  in  fish  and  game  district  one  **L' 
[Amendment  of  May  13, 1919.    In  effect  July  22, 1919.    Stats.  1919,  p.  428.] 


S37  GA3IE   LAAVS.  Act  1G96,  §§  2M;-6 

District  one  and  one-half. 

^  21/^.  Fish  and  game  district  one  and  a  lialf  shall  consist  of  and  include  those  por- 
tions of  Del  Norte  county  not  included  in  fish  and  game  districts  five  and  six;  those 
portions  of  Siskiyou  county  not  included  in  fish  and  game  district  one  "a";  those  por- 
tions of  Humboldt  county  not  included  in  fish  and  game  districts  six,  seven,  seven  ''a," 
eight,  and  nine.  [New  section  added  May  13,  1919.  In  effect  July  22,  1919.  Stats. 
1919,  p.  432.] 

One  "A." 

5  3.  Fish  and  game  district  one  "A"  shall  consist  of  and  include  all  of  sections 
thirteen  to  thirty-six,  inclusive,  township  forty-seven  north,  range  nine  west;  all  of 
sections  one  to  six,  inclusive,  township  forty-six  north,  range  nine  west;  all  those 
portions  of  sections  seven  to  thirteen,  inclusive,  township  forty-six  north,  range  nine 
west;  lying  north  of  and  including  the  waters  of  the  Klamath  river  in  the  said  sections, 
all  Ij'ing  within  the  county  of  Siskiyou. 

One  "B." 

$4.  Fish  and  game  district  one  "B"  shall  consist  of  and  include  all  lands  within 
the  county  of  Modoc  lying  within  the  following  boundaries :  Starting  at  a  point  where 
Boles  creek  crosses  the  national  forest  boundary  in  section  twenty-nine,  township  forty- 
six  north,  range  nine  east;  thence  along  said  Boles  creek  to  a  point  where  the  creek 
crosses  the  section  line  between  sections  nine  and  ten,  township  forty-five  north,  range 
nine  east;  thence  due  south  to  where  the  Deer  hill  and  Canby  wagon  road  crosses  the 
section  line  between  sections  thirty-three  and  thirty-four,  township  forty-three  north, 
range  nine  east ;  thence  in  a  northwesterly  direction  along  said  wagon  road  to  where  it 
crosses  the  national  forest  boundary ;  thence  along  said  boundary  to  place  of  beginning. 

One  "C." 

§5.  Fish  and  game  district  one  "C"  shall  consist  of  and  include  all  lands  within 
the  county  of  Modoc  within  the  following  boundaries:  Beginning  at  the  northwest 
corner  of  section  three,  township  forty-one  north,  range  fourteen  east;  thence  in  a 
southeasterly  direction  along  the  summit  of  the  main  ridge  between  Shield 's  creek  and 
Pine  creek  to  the  summit  of  the  "Warner  mountains  to  the  north  of  Warner  peak  (Buck 
Mt.)  in  section  eleven,  township  forty-one  north,  range  fifteen  east;  thence  in  a  south- 
erly direction  along  the  summit  of  the  Warner  mountains  to  the  first  peak  south  of 
Pine  Creek  basin,  near  the  quarter  section  corner  between  sections  thirty-five  and 
thirty-six,  township  forty-one  north,  range  fifteen  east;  thence  in  a  westerly  direction 
along  the  main  ridge  south  of  the  north  fork  of  Fitzhugh  creek  to  the  national  forest 
boundary  in  section  thirty-three,  township  forty-one  north,  range  fourteen  east;  thence 
along  said  boundary  to  place  of  beginning. 

One  "D." 

$6.  Fish  and  game  district  one  "D"  shall  consist  of  and  include  that  certain 
territory  embraced  in  the  Trinity  national  forest,  more  particularly  described  as  follows, 
to  wit: 

(a)  Sections  nineteen,  thirty,  thirty-one  and  thirty-two  of  township  thirty-four  north, 
range  eleven  west;  sections  five,  six,  seven,  eight,  seventeen,  eighteen,  nineteen,  twenty, 
thirty,  and  thirty-one  of  township  thirty-three  north,  range  eleven  west;  sections  one, 
two,  three,  four,  nine,  ten,  eleven,  twelve,  thirteen,  fourteen,  fifteen,  sixteen,  twenty- 
one,  twenty-two,  twenty-three,  twenty-four,  twenty-five,  twent3'^-six,  twenty-seven, 
twenty-eight,  thirty-three,  thirty-four,  thirty-five,  thirty-six  of  township  thirty-four 
north,  range  twelve  west;  sections  one,  two,  three,  four,  nine,  ten,  eleven,  twelve,  thir- 
teen, fourteen,  fifteen,  sixteen,  nineteen,  twenty,  twenty-one,  twentj'-two,  twenty-three. 


Act  1690,  §§  7-9  GENERAL   LA\VS.  858 

twenty-four,  twenty -Jive,  twenty-six,  twenty-seven,  twenty -eight,  twenty-nine,  thirty, 
thirty-one,  thirty-two,  thirty-three,  thirty-four,  thirty-five,  thirty-six  of  township  thirty- 
three  north,  range  twelve  west;  sections  one,  two,  three,  four,  five,  six,  seven,  eight, 
nine,  ten,  eleven,  twelve,  thirteen,  fourteen,  fifteen,  sixteen,  seventeen,  eighteen,  nine- 
teen, twenty,  twenty-one,  twentj'-two,  twenty-nine  and  thirty  of  township  thirty-two 
north,  range  twelve  west;  all  in  Mount  Diablo  base  and  meridian  in  the  state  of  Cali- 
fornia; and 

(b)  Sections  twenty-eight,  thirty-one,  thirty-two,  thirty-three  of  township  four  north, 
range  eight  east;  and  sections  four,  five,  six,  seven,  eight,  nine,  sixteen,  seventeen, 
eighteen,  nineteen,  twenty,  twenty-one,  twenty-eight,  twenty-nine,  thirty,  thirty-two, 
thirty-three,  township  three  north,  range  eight  east,  all  in  Humboldt  base  and  meridian 
in  the  state  of  California. 

One  "E." 

*  7.  Fish  and  game  district  one  "E"  shall  consist  of  and  include  all  lands  lying 
within  the  county  of  Shasta  within  the  following  boundaries:  Beginning  at  a  point  on 
the  McCloud  river  where  the  township  line  between  townships  thirty-six  and  thirty- 
seven  north,  range  three  west,  crosses  the  McCloud  river;  thence  in  a  southerly  direc- 
tion following  the  east  bank  of  said  river  to  the  point  where  the  ridge  north  of  Mathless 
creek  meets  the  McCloud  river;  thence  in  an  easterly  direction  along  the  summit  of 
said  ridge  and  along  the  summit  of  the  ridge  dividing  the  Salt  creek  drainage  area  from 
the  Nasoni  creek  drainage  area;  thence  along  the  summit  of  the  ridge  dividing  the  Salt 
creek  drainage  area  and  the  north  fork  of  Squaw  creek  to  Squaw  creek;  thence  north- 
erly along  the  west  bank  of  said  creek  to  the  point  where  the  township  line  between 
townships  thirty-six  and  thirty-seven  north,  range  two  west,  crosses  the  said  creek; 
thence  due  west  along  the  said  township  line  and  along  the  township  line  between  town- 
ships thirty-six  and  thirty-seven  north,  range  three  west,  to  the  point  of  beginning. 

One  "F." 

$  8.  Fish  and  game  district  one  "F"  shall  consist  of  and  include  all  lands  within 
the  county  of  Lassen  within  the  following  boundaries :  Comprising  an  area  including 
all  of  townships  thirty-two  and  thirty-three  north,  range  ten  east,  and  all  of  that  portion 
of  township  thirty-two  north,  range  eleven  east,  falling  on  the  west  side  of  Eagle  lake. 

One  "G." 

$9.  Fish  and  game  district  one  "g"  shall  consist  of  and  include  all  lands  within 
the  county  of  Tehama  within  the  following  boundaries:  Commencing  at  a  point  in 
section  eighteen,  township  twenty-five  north,  range  two  east,  where  Deer  creek  inter-^ 
sects  the  range  line  between  ranges  one  and  two  east  and  running  thence  north  along 
the  range  line  between  ranges  one  and  two  east,  allowing  for  proper  offsets  and  correc- 
tions, to  the  northeast  corner  of  section  thirty-six,  township  twenty-seven  north,  range 
one  east;  thence  west  to  a  point  where  Mill  creek  intersects  the  national  forest  bound- 
ary; thence  in  a  northeasterly  direction  along  the  main  channel  of  Mill  creek  to  a  point 
where  the  said  creek  crosses  the  range  line  between  ranges  two  and  three  east;  thence 
south  along  the  range  line  between  ranges  two  and  three  east,  to  the  southeast  corner 
of  section  twenty-five,  township  twenty-seven  north,  range  two  east,  thence  west  to  the 
southwest  corner  of  said  section  twenty-five;  thence  south  to  the  southeast  corner  of 
section  thirty-five,  township  twenty-seven  north,  range  two  east;  thence  east  along 
township  line  to  a  point  where  Deer  creek  intersects  the  township  line  between  township 
twenty-six  north  and  township  twenty-seven  north,  thence  in  a  southwesterly  direction 
along  the  main  channel  of  Deer  creek  to  the  point  of  beginning.  [Amendment  of 
May  13,  1919.    In  effect  July  22,  1919.    Stats.  1919,  p.  429.] 


859  GA3IE   LAWS.  Act  1696,  §§  10-13 

One  "H." 

§  10.  Fish  and  game  district  one  "H''  shall  consist  of  and  include  all  lands  within 
the  county  of  Plumas  tvithin  the  following  boundaries :  Beginning  at  the  confluence  of 
Willow  creek  with  the  Feather  river  below  Hartman  bar;  thence  northerly  along  Willow 
creek  to  where  the  Claremont  stock  driveway  crosses  the  head  of  this  stream;  thence  in 
an  easterly  direction  along  the  Claremont  stock  drivewaj  to  Claremont  peak;  thence 
south  along  the  summit  of  the  ridge  to  the  middle  fork  of  the  Feather  river;  thence 
southwesterlj'  along  the  Feather  river  to  the  point  of  beginning. 

One  "I." 

§  11.  Fish  and  game  district  one  "i"  shall  consist  of  and  include  all  lands  within 
the  county  of  Placer,  within  the  following  boundaries:  Commencing  at  the  junction  of 
the  north  fork  of  the  middle  fork  of  the  American  river  and  the  middle  fork  of  the 
American  river;  thence  northeasterly  up  the  north  fork  of  the  middle  fork  to  Grouse 
creek;  thence  northeasterly  up  main  Grouse  creek  to  its  intersection  with  the  township 
line  between  townships  fifteen  north  and  fourteen  north,  range  thirteen  east;  thence 
easterly  along  said  township  line  to  the  township  corner  of  township  fifteen  north, 
ranges  thirteen  and  fourteen  east;  thence  south  along  range  line  between  township 
fourteen  north,  ranges  thirteen  and  fourteen  east  to  the  corner  of  sections  twelve  and 
thirteen,  township  fourteen  north,  range  thirteen  east,  and  sections  seven  and  eighteen, 
township  fourteen  north,  range  fourteen  east;  thence  easterly  along  section  line  between 
sections  seven  and  eighteen,  sections  eight  and  seventeen  to  the  Big  Meadow  trail; 
thence  southerly  along  said  Big  Meadow  trail  to  the  line  between  sections  twenty  and 
twentj'-nine,  township  fourteen  north,  range  fourteen  east;  thence  east  along  said  sec- 
tion line  to  the  Rubicon  river;  thence  southwesterly  down  the  Rubicon  river  to  inter- 
section of  the  line  between  sections  six  and  seven,  township  thirteen  north,  range  four- 
teen east;  thence  west  along  said  section  line  to  range  line  between  township  thirteen 
north,  ranges  thirteen  east  and  fourteen  east;  thence  west  along  section  line  between 
sections  one  and  twelve,  township  thirteen  north,  range  thirteen  east,  to  Wallace  canyon 
creek;  thence  southwesterly  down  Wallace  canyon  creek  to  its  confluence  with  Long 
canyon;  thence  westerly  down  Long  canyon  to  its  confluence  with  the  Rubicon  river; 
thence  westerly  down  said  river  to  its  confluence  with  the  middle  fork  of  the  American 
river;  thence  down  said  river  to  place  of  beginning,  [Amendment  of  May  13,  1919.  In 
effect  July  22, 1919.    Stats,  1919,  p,  430,] 

One  "J," 

§12.  Fish  and  game  district  one  "J"  shall  consist  of  and  include  all  lands  within 
the  counties  of  Amador  and  Alpine  within  the  following  boundaries:  Commencing  at 
a  point  between  sections  thirteen  and  eighteen,  township  eight  north,  range  fourteen 
and  fifteen  east,  where  the  Alpine  state  highway  enters  section  eighteen,  township  eight 
north,  range  fifteen  east ;  thence  northeasterly  along  the  south  side  of  said  Alpine  high- 
way right  of  way  to  the  corner  of  townships  eight  and  nine  north,  ranges  fifteen  and 
sixteen  east ;  thence  east  along  line  between  townships  eight  and  nine  north,  range  six- 
teen east;  thence  east  along  line  between  townships  eight  and  nine  north,  range  sev- 
enteen east,  to  the  intersection  of  Cedar  Camp  trail;  thence  southerly  along  Cedar  Camp 
trail  to  intersection  of  said  Cedar  Camp  trail  with  the  Mokelumne  river;  thence  down 
the  north  bank  of  the  Mokelumne  river  in  a  southwesterly  direction  to  the  intersection 
of  range  line  between  township  seven  north,  ranges  fourteen  and  fifteen  east;  thence 
north  along  range  line  between  township  eight  north,  ranges  fourteen  and  fifteen  east 
to  the  intersection  of  Alpine  state  highway  to  the  place  of  beginning. 

One  "K." 

§13.  Fish  and  game  district  one  **K"  shall  consist  of  and  include  all  lands  in  the 
county  of  Fresno   within  the  following  boundaries:    Beginning  at   the   conlluenco  of 


Act  ICOC,  gg  H-IG  GENERAL   LAWS.  860 

the  north  fork  of  Kings  river  and  the  middle  fork  of  Kings  river;  thence  easterly 
along  the  siimrait  of  the  divide  separating  the  drainage  area  of  the  north  fork  of  Kings 
river  from  the  drainage  area  of  the  middle  fork  of  Kings  river  to  Spanish  mountain; 
thence  southeasterly  along  the  summit  of  Tombstone  ridge,  which  separates  the  drain- 
age area  of  Crown  creek  from  that  of  Tombstone  creek,  to  the  middle  fork  of  Kings 
river;  thence  westerly  along  the  north  bank  of  the  middle  fork  of  Kings  river  to  the 
point  of  beginning. 

One  "L." 

§  14.  Fish  and  game  district  one  "L"  shall  consist  of  and  include  the  area  compos- 
ing the  watershed  of  Chimney  creek  north  of  the  Sequoia  national  forest  boundary  and 
all  of  the  watershed  of  Long  valley;  all  lying  within  the  counties  of  Tulare  and  Kern. 

One  "M." 

^141/2.  Fish  and  game  district  one  "m"  shall  consist  of  and  include  all  of  that 
certain  territory  within  the  county  of  Kern,  bounded  and  described  as  follows :  Begin- 
ning at  the  San  Joaquin  Power  Company's  plant  located  on  the  bank  of  the  Kern  river, 
in  section  six,  township  twenty-nine  south,  range  thirty  east.  Mount  Diablo  base  and 
meridian,  thence  running  in  a  northeasterly  direction  following  the  south  bank  of  the 
Kern  river  to  the  mouth  of  Clear  creek,  thence  following  Clear  creek  in  a  southerly 
direction  to  the  intersection  of  the  Caliente-Kernville  highway,  thence  following  said 
highway  in  a  southerly  direction  to  the  intersection  of  Basin  creek;  thence  following 
the  northerly  bank  of  Basin  creek  in  a  southwesterly  direction  to  the  intersection  of  the 
national  forest  boundary  line  as  established  January  1,  1919,  thence  following  said 
national  forest  boundary  north  and  west  to  the  San  Joaquin  Power  Company's  plant 
at  the  place  of  beginning.  [New  section  added  May  13,  1919.  In  effect  July  22,  1919, 
Stats.  1919,  p.  432.] 

District  Tv/o. 

§  15.  Fish  and  game  district  two  shall  consist  of  and  include  all  those  portions  of 
Mendocino  county  not  included  in  fish  and  game  districts  ten  and  two  "A";  all  those 
portions  of  Glenn  county  not  included  in  fish  and  game  districts  two  "A"  and  twelve 
"A";  all  those  portions  of  Lake  county  not  included  in  fish  and  game  district  two  "A"; 
all  those  portions  of  Colusa  countj^  not  included  in  fish  and  game  districts  twelve 
"A"  and  twelve  "B";  all  those  portions  of  Yolo  county  not  included  in  fish- and  game 
district  twelve  "B";  all  those  portions  of  Solano  county  not  included  in  fish  and 
game  districts  twelve  and  twelve  "B";  all  those  portions  of  Napa  county  not  included 
in  fish  and  game  district  twelve;  all  those  portions  of  Sonoma  county  not  included  in 
fish  and  game  districts  ten  and  twelve;  all  those  portions  of  Marin  county  not  included 
in  fish  and  game  districts  ten,  eleven  and  twelve. 

Two  "A." 

$16.  Fish  and  game  district  two  "A"  shall  consist  of  and  include  all  lands  'ying 
within  the  following  boundaries,  located  in  the  counties  of  Mendocino,  Lake  and  Glenn: 
Beginning  at  the  summit  of  Hull  mountain  in  Mendocino  county,  in  the  southwest  cor- 
ner of  section  two,  township  nineteen  north,  range  ten  west;  thence  in  a  northeasterly 
direction  down  Hull  creek  (sometimes  known  as  Red  Rock  creek)  to  its  junction  with 
Sand  creek,  thence  southeasterly  down  Sand  creek  to  its  junction  with  Corbin  creek, 
thence  in  an  easterly  direction  up  Corbin  creek  to  section  thirty-six,  township  twenty 
north,  range  eight  west,  thence  in  a  southerly  direction  up  a  ravine  to  the  Sheetiron- 
Elk  creek  road  on  the  summit  of  the  Coast  Range  mountains  in  section  twelve,  township 
nineteen  north,  range  eight  west,  thence  southwesterly  along  the  road  and  summit  over 
Sheetiron  mountain  to  Low  gap,  where  the  Bloody  Rock  trail  crosses  the  summit  in 
section  twenty-seven,  township  nineteen  north,  range  eight  west,  thence  in  a  westerly 


861  GAME    LAWS.  Act  ICOO,  §8  17-19 

direction  down  the  Bloody  Rock  trail  and  Cold  creek  to  South  Eel  river  in  section 
twenty-six,  township  nineteen  north,  range  nine  west,  thence  down  the  river  to  the 
mouth  of  a  ravine  in  the  southeast  quarter  of  section  twenty-seven,  township  nineteen 
north,  range  nine  west,  thence  in  a  northwesterly  direction  up  the  ravine  through  sec- 
tions twenty-seven  and  twenty-eight  to  the  summit  of  Boardman  ridge,  thence  in  a 
northwesterly  direction  up  Boardman  ridge  to  the  summit  of  Hull  mountain. 

District  Three. 

$  17.  Fish  and  game  district  three  shall  consist  of  and  include  those  portions  of 
Contra  Costa  county  not  included  in  fish  and  game  districts  twelve  and  twelve  "B"; 
those  portions  of  San  Joaquin  county  not  included  in  fish  and  game  districts  one  and 
twelve  "B";  those  portions  of  Alameda  county  not  included  in  fish  and  game  districts 
twelve  and  thirteen;  those  portions  of  San  Francisco  county  not  included  in  fish  and 
game  districts  ten,  eleven,  twelve  and  thirteen;  those  portions  of  San  Mateo  county 
not  included  in  fish  and  game  districts  ten  and  thirteen;  those  portions  of  Santa  Clara 
county  not  included  in  fish  and  game  district  thirteen;  those  portions  of  Santa  Cruz 
county  not  included  in  fish  and  game  districts  three  "A,"  ten,  fourteen,  fifteen  and 
seventeen;  those  portions  of  San  Benito  county  not  included  in  fish  and  game  district 
three  "B";  those  portions  of  Monterey  county  not  included  in  fish  and  game  districts 
sixteen,  seventeen  and  eighteen;  those  portions  of  San  Luis  Obispo  county  not  included 
in  fish  and  game  district  eighteen;  those  portions  of  Santa  Barbara  county  not  included 
in  fish  and  game  districts  three  "C"  and  nineteen;  those  portions  of  Ventura  county 
not  included  in  fish  and  game  districts  three  "D"  and  nineteen;  those  portions  of 
Stanislaus  county  not  included  in  fish  and  game  district  one;  those  portions  of  Merced 
county  not  included  in  fish  and  game  district  one;  those  portions  of  Fresno  county  not 
included  in  fish  and  game  districts  one,  one  "K"  and  twenty-six;  those  portions  of 
Kern  county  not  included  in  fish  and  game  districts  one  and  one  "L." 

Three  "A." 

§18.  Fish  and  game  district  three  "A''  shall  consist  of  and  include  that  certain 
territory  embraced  in  California  Redwood  park,  Santa  Cruz  county,  commonly  known 
as  the  "Big  Basin,"  and  more  particularly  described  as  follows,  to  wit: 

The  east  half  and  the  east  half  of  the  west  half  of  section  one,  the  north  half  of  the 
northeast  quarter  and  the  northeast  quarter  of  the  northwest  quarter  of  section  twelve, 
all  in  township  nine  south,  range  four  west;  the  west  half  of  section  four,  all  of  sec- 
tions five  and  six,  the  north  half  of  the  northwest  quarter,  the  northeast  quarter,  the 
east  half  of  the  southeast  quarter  of  section  seven,  the  north  half,  the  southwest  quar- 
ter, the  north  half  of  the  southeast  quarter  and  the  southwest  quarter  of  the  southeast 
quarter  of  section  eight,  the  north  half  of  the  northwest  quarter,  the  southwest  quar- 
ter of  the  northwest  quarter  and  the  northwest  quarter  of  the  southwest  quarter  of 
section  nine,  all  in  township  nine  south,  range  three  west;  all  that  portion  of  the  south- 
west quarter  of  section  twenty-eight  lying  south  and  west  of  the  road  known  as  the 
"China  grade,"  all  that  portion  of  the  east  half  of  section  twenty-nine  lying  south 
and  west  of  said  "China  grade,"  the  east  half  of  section  thirty-two,  the  southwest 
quarter  and  that  portion  of  the  northwest  quarter  of  section  thirty-three  lying  south  of 
said  "China  grade,"  all  in  township  eight  south,  range  three  west;  all  townships  and 
ranges  mentioned  herein  being  referred  to  Mount  Diablo  base  line  and  meridian. 

Three  "B." 

§19.  Fish  and  game  district  three  "B"  shall  consist  of  and  include  those  certain 
lands  within  the  counties  of  San  Benito  and  Monterey  embraced  within  the  Pinnacles 
national  monument,  and  more  particularly  described  as  follows,  to  wit :  All  of  sections 
twenty  to  twenty-nine,  inclusive,  all  of  sections  thirty-three,  thirty-four  and  thirty-five 


Act  1C9G,  855  20-22  GEKEKAI,   LAWS.  S02 

and  the  west  half  of  section  thirty-six  of  township  sixteen  south,  range  seven  east;  the 
west  half  of  section  one,  all  of  sections  two  and  three,  the  east  half  of  section  four, 
the  east  half  of  section  nine,  all  of  sections  ten  and  eleven,  the  west  half  of  section 
twelve,  the  west  half  of  section  thirteen  and  all  of  sections  fourteen  and  fifteen  of 
township  seventeen  south,  range  seven  east.  All  townships  and  ranges  mentioned  herein 
heing  referred  to  Mount  Diablo  base  and  meridian. 

Three  "C." 

$  20.  Fish  and  game  district  three  "C"  shall  consist  of  and  include  all  lands  within 
the  county  of  Santa  Barbara  within  the  following  boundaries :  Beginning  at  the  summit 
of  Mission  Pine  mountain,  running  thence  northwest  to  the  head  of  Mazuna  creek; 
thence  along  the  north  bank  of  said  creek  to  its  junction  with  the  Sisquoc  river;  thence 
in  an  easterly  direction  along  the  south  bank  of  the  Sisquoc  river  to  the  junction  of 
the  south  fork  of  the  Sisquoc;  thence  along  the  west  bank  of  the  south  fork  of  the 
Sisquoc  river  to  the  point  of  beginning. 

Three  "D." 

§  21.  Fish  and  game  district  three  "D"  shall  consist  of  and  include  all  lands  lying 
within  the  county  of  Ventura  within  the  following  boundaries:  Beginning  at  the  corner 
common  to  townships  four  and  five  north,  ranges  nineteen  and  twenty  west,  San  Ber- 
nardino meridian;  running  thence  west  with  the  line  of  townships  four  and  five  north, 
to  the  summit  of  the  divide  between  the  watershed  of  Sespe  creek  and  Santa  Paule[a] 
creek;  thence  westerly  along  the  summit  of  the  divide  south  of  Sespe  river  to  Ortega 
hill  at  the  head  of  upper  north  fork  of  Matilija  creek  and  Cherry  creek;  thence 
down  Cherry  creek  along  the  Cuyama  trail  to  Sespe  river;  thence  up  the  Sespe  river 
and  Adobe  Springs  canyon  along  the  Cuyama  trail  to  the  summit  of  Pine  mountain; 
thence  easterly  following  the  summit  of  the  Pine  mountain  divide  to  a  point  on  Alamo 
mountain  due  north  of  the  point  of  beginning;  thence  south  to  point  of  beginning. 

Three  "E." 

§21.1/^.  Fish  and  game  district  three  "e"  shall  consist  of  and  include  all  those 
portions  of  township  seven  south,  range  three  east,  Mount  Diablo  base  and  meridian, 
more  particularly  desscribed  as  follows:  All  of  sections  three,  four  and  nine;  the  south- 
west quarter  of  the  southwest  quarter  of  section  two;  the  southeast  quarter  of  section 
five;  the  northeast  quarter  of  the  northeast  quarter  of  section  eight;  all  of  those  por- 
tions of  sections  sixteen  and  seventeen  and  of  the  southern  three-quarters  of  section 
eight  lying  east  of  the  northeast  boundary  line  of  the  Rancho  Canada  del  Pala ;  and  all 
of  those  portions  of  sections  ten,  fifteen  and  sixteen,  and  of  the  west  quarter  of  section 
eleven,  lying  to  the  north  of  Sulphur  creek.  [New  section  added  May  13,  1919.  In 
effect  July  22,  1919.    Stats.  1919,  p.  432.] 

District  Four. 

$  22.  Fish  and  game  district  four  shall  consist  of  and  include  all  those  portions  of 
Los  Angeles  county  not  included  in  fish  and  game  districts  four  "b, "  four  "f,"  nine- 
teen, twenty  and  twenty  "a";  all  those  portions  of  San  Bernardino  county  not  included 
in  fish  and  game  districts  four  "a,"  four  "b"  and  twenty-two;  all  those  portions  of 
Orange  county  not  included  in  fish  and  game  districts  four  *'c"  and  nineteen;  all 
those  portions  of  Riverside  county  not  included  in  fish  and  game  districts  four  "c, " 
four  **d"  and  twenty-two;  all  those  portions  of  San  Diego  county  not  included  in  fish 
and  game  districts  four  "e, "  nineteen  and  twenty-one;  all  those  portions  of  Imperial 
count}'  not  included  in  fish  and  game  district  twenty-two.  [Amendment  of  May  13, 
1919.     In  effect  July  22,  1919.     Stats.  1919,  p.  430.] 


game:  LAWS.  Act  1696,  §§  22  ,2-24 

District  four  and  one-lialf. 

§  221/2.  Fish  and  game  district  four  and  one-half  shall  consist  of  and  include  the 
counties  of  Mono  and  Inyo.  [New  section  added  May  13,  1919.  In  effect  July  22,  1919. 
Stats.  1919,  p.  432.] 

Four  "A." 

$  23.  Fish  and  game  district  four  "A"  shall  consist  of  and  include  a  portion  of  the 
Angeles  national  forest  lying  within  the  county  of  San  Bernardino  and  more  particu- 
larly described  as  follows,  to  wit:  All  of  that  tract  of  land  situate,  lying  and  being 
within  the  following  boundary : 

Beginning  at  a  point  in  the  Angeles  forest  reserve  in  San  Bernardino  county  where 
the  ravine  of  the  Mohave  river  crosses  the  north  line  of  township  two  north  range  four 
west,  thence  due  east  along  the  township  lines  to  a  point  where  the  ravine  of  Deep  creek 
crosses  such  township  line;  thence  easterly  following  the  ravine  of  said  Deep  creek  to 
a  point  marking  the  confluence  of  the  ravines  of  Deep  creek  and  Holeomb  creek;  thence 
east  and  north  following  the  ravine  of  Holeomb  creek  to  Holeomb  valley;  thence  east- 
erly along  the  public  road  to  the  junction  thereof  with  a  public  road  leading  south- 
easterly to  the  Rose  mine;  thence  following  the  aforesaid  road  to  Rose  mine  in  a 
southeasterly  direction  to  a  point  where  it  crosses  the  east  line  of  township  two  north 
range  two  east;  thence  south  along  the  easterly  lines  of  township  two  north  range  two 
east,  township  one  north  range  two  east  and  township  one  south  range  two  east  to  the 
southeast  quarter  of  township  one  south  range  two  east;  thence  due  west  along  the  town- 
ship line  to  the  southwest  corner  of  township  one  south  range  one  east;  thence  due 
north  along  the  west  line  of  township  one  south  range  one  east  to  the  ravine  of  Mill 
creek;  thence  west  along  the  ravine  of  Mill  creek  to  a  point  where  Mill  creek  crosses 
the  west  line  township  one  south  range  one  west;  thence  north  along  the  west  line  of 
township  one  south  ra.nge  one  west  and  township  one  north  range  one  west  to  the 
southeast  corner  of  section  twenty-four,  township  one  north  range  two  west;  thence 
due  west  along  the  southerly  line  of  sections  twenty-four,  twenty-three,  twenty-two, 
twenty-one,  twenty  and  nineteen  of  township  one  north  range  two  west  and  the  south- 
erly line  of  sections  twenty-four,  twenty-three,  twenty-two  and  twenty-one,  township 
one  north  range  three  west  to  the  line  of  the  Angeles  forest  reserve;  thence  in  a  general 
northwesterly  direction  to  a  point  where  the  ravine  of  Devil's  canyon  crosses  the  said 
Angeles  forest  reserve  line;  thence  northerly  along  the  ravines  of  Devil's  canyon  and 
Sawpit  canyon  to  the  place  of  beginning,  all  of  said  described  area  being  within  the 
boundaries  of  the  Angeles  forest  reserve. 

Four  "B." 

$  24.  Fish  and  game  district  four  "B"  shall  consist  of  and  include  a  part  of  the 
westerly  portion  of  the  Angeles  national  forest  lying  within  the  counties  of  San  Ber- 
nardino and  Los  Angeles  and  more  particularly  described  as  follows,  to  wit:  Sections 
six  to  ten,  inclusive,  sections  fifteen  to  twenty-two,  inclusive,  and  sections  twenty-seven 
to  thirty-two,  inclusive,  of  township  two  north,  range  seven  west;  sections  seven,  eight- 
een, nineteen,  thirty  and  thirty-one  of  township  three  north,  range  seven  west;  sections 
one  to  twenty-two,  inclusive,  and  those  portions  of  sections  twenty-three  and  twenty- 
four  within  the  Angeles  national  forest,  all  in  township  one  north,  range  eight  west; 
all  of  township  two  north,  range  eight  west;  sections  seven  to  thirty-six,  inclusive,  of 
township  three  north,  range  eight  west;  sections  one  to  twenty-four,  inclusive,  the  west 
half  of  section  twenty-five  and  all  of  sections  twenty-six,  twenty-seven,  and  twenty- 
eight  in  township  one  north,  range  nine  west;  all  of  township  two  north,  range  nine 
west;  sections  seven  to  thirty-six,  inclusive,  in  township  three  north,  range  nine  west; 
sections  one  to  eighteen,  inclusive,  those  portions  of  sections  nineteen,  twenty,  twent}'- 
one  and  twenty-two  within  the  Angeles  national  forest  and  all  of  sections  twenty-three 


Act  1C06,  §§  25-27  GENERAI-    LAWS.  S«*] 

and  twenty-four  of  township  one  north,  range  ten  west;  all  of  township  two  north, 
range  ten  west;  sections  seven  to  thirty-six,  inclusive,  of  township  three  north,  range 
ten  west;  all  of  sections  one  to  fourteen,  inclusive,  and  those  portions  of  sections  fifteen, 
sixteen,  seventeen,  eighteen,  twenty-two,  twenty-three  and  twenty-four  within  the 
Angeles  national  forest  in  township  one  north,  range  eleven  west;  all  of  township  two 
north,  range  eleven  west;  that  portion  of  section  two  lying  south  and  west  of  a  line 
drawn  from  the  northwest  corner  to  the  southeast  corner  of  said  section,  all  of  sections 
three  to  thirty-six,  inclusive,  in  township  three  north,  range  eleven  west;  all  of  sec- 
tions one  and  two  and  those  portions  of  section  three,  four,  five,  six,  eleven,  twelve  and 
thirteen  within  the  Angeles  national  forest  in  township  one  north,  range  twelve  west; 
all  of  township  two  north,  range  twelve  west;  all  of  sections  one  to  five,  inclusive,  those 
portions  of  sections  six  and  seven  lying  south  and  east  of  a  line  drawn  from  the  north- 
east corner  of  section  six  to  the  southwest  corner  of  section  seven  and  all  of  sections 
eight  to  thirty-six,  inclusive,  in  township  three  north,  range  twelve  west;  all  of  sec- 
tions one  to  seventeen,  inclusive,  those  portions  of  sections  eighteen,  twenty,  twenty- 
one  and  twenty-two  within  the  Angeles  national  forest,  all  of  sections  twenty-three  to 
twenty-six,  inclusive,  and  those  portions  of  sections  twenty-seven,  thirty-five  and  thirty- 
six  within  the  Angeles  national  forest  in  township  two  north,  range  thirteen  west;  all 
of  sections  thirteen  to  thirty-six,  inclusive,  in  township  three  north,  range  thirteen  west ; 
sections  one,  two  and  three  and  those  portions  of  sections  ten,  eleven,  twelve  and  thir- 
teen within  the  Angeles  national  forest  in  township  two  north,  range  fourteen  west. 
All  townships  and  ranges  mentioned  herein  being  referred  to  San  Bernardino  base  line 
and  meridian. 

Four  "C." 

§25.  Fish  and  game  district  four  "C"  shall  consist  of  and  include  that  certain 
territory  embraced  within  the  Cleveland  national  forest,  more  particularly  described 
as  follows,  to  wit:  The  east  half  of  township  five  south,  range  seven  west;  all  of  town- 
ship five  south,  range  six  west,  except  sections  one,  two,  three,  ten,  eleven,  and  twelve; 
all  of  township  six  south,  range  six  west;  the  west  half  of  township  six  south,  range 
five  west;  all  of  township  seven  south,  range  six  west;  the  west  one-half  of  township 
seven  south,  range  five  west;  all  in  San  Bei"nardino  base  and  meridian,  in  the  state  of 
California. 

Four  "D." 

$  26.  Fish  and  game  district  four  **D"  shall  consist  of  and  include  all  of  townships 
six  south,  range  five  east;  township  six  south,  range  six  east;  and  township  seven  south, 
range  six  east,  all  lying  within  the  county  of  Riverside. 

Four  "E." 

$  27.     Fish  and  game  district  four  "e"  shall  consist  of  and  include  all  of  sections 
twenty-seven  to  thirty-four,  inclusive,  township  fifteen  south,  range  five  east;  all  of 
township  fourteen  south,  range  five  east;  all  of  sections  thirteen,  twenty-four,  twenty- 
five,  thirty-six,  township  fifteen  south,  range  four  east;  all  of  sections  five,  six,  seven, 
eight,  township  sixteen  south,  range  six  east ;  all  of  sections  one  to  twelve,  inclusive, 
township  sixteen  south,  range  five  east;  all  of  sections  one,  two,  ten,  eleven,  twelve,, 
thirteen,  fourteen,  fifteen,  sixteen,  twenty-one,  twenty-three,  twenty-four  and  the  east  j 
half  of  sections  three,  seventeen,  and  twenty  and  the  northeast  quarter  of  section, 
twenty-nine,  the  north  half  of  sections  twenty-five,  twenty-six,  and  twenty-eight  and] 
the  north  half  of  section  twenty-two,  township  sixteen,  south,  range  four  east.     The ' 
west  half  of  sections  eighteen,  nineteen  and  the  northwest  quarter  of  section  thirty, 
township  sixteen  south,  range  five  east,  all  located  within  the  county  of  San  Diego. 
[Amendment  of  May  13,  1919.    In  effect  July  22,  1919.    Stats.  1919,  p.  431.] 


865  game:  laws.  Act  1696,  §§  28-35 

Four  "?.'• 

$  28.  Fish  and  game  district  four  "f "  shall  consist  of  and  include  all  of  townships 
eight  and  nine  north,  range  fourteen  west,  lying  within  the  counties  of  Los  Angeles  and 
Kern.    [Amendment  of  May  13,  1919.    In  effect  July  22,  1919,  Stats.  1919,  p.  431.] 

Five. 

$.29.  Fish  and  game  district  five  shall  consist  of  and  include  the  ocean  water  and 
the  tide  lands  of  the  state  to  high  water  mark  lying  between  the  northern  boundary 
of  the  state  and  a  line  extending  west  from  the  extreme  westerly  point  of  Point  St. 
George  in  Del  Norte  county,  and  shall  exclude  all  sloughs,  streams  and  lagoons  in  said 
county,  except  Smith  river  from  its  mouth  to  Bailey's  riffle. 

Six. 

$  30.  Fish  and  game  district  six  shall  consist  of  and  include  the  ocean  waters  and 
the  tide  lands  of  the  state  to  high  water  mark  lying  between  a  line  extending  west  from 
the  extreme  westerly  point  of  Point  St.  George,  in  Del  Norte  county,  and  a  line  extend- 
ing due  west  from  the  extreme  westerly  point  of  Mussel  point,  in  Humboldt  county, 
and  shall  exclude  all  sloughs,  streams  and  lagoons  in  said  counties,  except  the  Klamath 
river  from  its  mouth  to  the  mouth  of  McGarvey  creek. 

Seven. 

5  31.  Fish  and  game  district  seven  shall  consist  of  and  include  the  ocean  waters  and 
the  tide  lands  of  the  state  to  high  water  mark  lying  between  a  line  extending  due  west 
from  the  extreme  point  of  Mussel  point,  in  Humboldt  county,  and  the  southern  boundary 
of  Humboldt  county;  and  shall  exclude  the  ocean  waters  between  the  north  and  the 
south  jetties  at  the  entrance  to  Humboldt  bay  from  the  westerly  end  of  each  of  said 
jetties  in  the  Pacific  ocean  to  their  respective  aprons  on  the  shores  of  Humboldt  bay, 
and  shall  also  exclude  all  sloughs,  streams  and  lagoons. 

Seven  "A." 

$32.  Fish  and  game  district  seven  "a"  shall  consist  of  and  include  the  waters  of 
Eel  river  from  its  mouth  to  the  east  boundary  line  of  township  three  north,  range  two 
west,  Humboldt  base  and  meridian,  and  the  waters  of  Salt  river,  a  tributary  of  Eel 
river,  as  far  up  as  the  high  tide  line.  [Amendment  of  May  13, 1919.  In  effect  July  22, 
1919.    Stats.  1919,  p.  431.] 

Eight. 

$  33.  Fish  and  game  district  eight  shall  consist  of  and  include  the  waters  and  tide 
lands  to  high  water  mark  of  Humboldt  bay  lying  north  of  a  straight  line  running  east 
from  the  center  of  apron  at  the  approach  of  [to]  the  south  jetty  at  the  entrance  of  Hum- 
boldt bay  to  the  east  shore  line  of  said  bay  and  shall  include  the  entrance  of  Humboldt 
bay  not  included  in  fish  and  game  district  seven  and  shall  be  exclusive  of  all  rivers, 
streams  and  sloughs  emptying  into  said  bay. 

Nine. 

4  34  Fish  and  game  district  nine  shall  consist  of  and  include  the  waters  and  tide 
lands  to  high  water  mark  of  Humboldt  bay  lying  south  of  a  straight  line  running  east 
from  the  center  of  apron  at  the  approach  to  the  south  jetty  at  the  entrance  of  Humboldt 
bay  to  the  east  shore  line  of  said  bay,  and  shall  be  exclusive  of  all  rivers,  streams  and 
sloughs  emptying  into  said  bay. 

Ten. 

§  35.  Fish  and  game  district  ten  shall  consist  of  and  include  the  ocean  waters  and 
the  tide  lands  of  the  state  to  high  water  mark  lying  between  the  south  boundary  of 


Gen.  I^aws — 55 


iiJi 


Act  1686,  §§  36-39  GENERAL   LAWS.  SWi 

Humboldt  county  and  a  line  extending  southwest  from  the  extreme  westerly  point  of 
Point  Santa  Cruz,  in  Santa  Cruz  county;  and  shall  include  the  waters  of  Tomales  bay, 
and  shall  be  exclusive  of  all  that  portion  of  Bolinas  bay  lying  inside  of  Bolinas  bar,  and 
of  San  Francisco  bay  lying  east  of  a  line  drawn  from  Point  Bonita  to  Point  Lobos, 
and  of  all  rivers,  streams  and  lagoons. 

Eleven. 

$  36.  Fish  and  game  district  eleven  shall  consist  of  and  include  the  waters  and  tide 
lands  of  San  Francisco  and  Richardson  bays  to  high  water  mark  bounded  as  follows: 
Beginning  at  the  extreme  westerly  point  of  Point  Bonita,  thence  in  a  direct  line  to  the 
extreme  westerly  point  of  Point  Lobos,  thence  around  the  shore  line  of  San  Francisco 
bay  to  the  extreme  northly  point  of  Black  point  in  San  Francisco  county,  thence  in  a 
direct  line  to  the  extreme  southerly  point  of  Peninsula  point  in  Marin  county,  thence 
westerly  around  the  shore  line  of  Richardson  and  San  Francisco  bays  to  the  point  of 
beginning. 

Twelve. 

$  37.  Fish  and  game  district  twelve  shall  consist  of  and  include  all  waters  and  tide 
lands  of  San  Francisco  bay  to  high  water  mark  not  included  in  fish  and  game  district 
eleven  and  thirteen,  the  waters  and  tide  lands  to  high  water  mark  of  San  Leandro  bay, 
Oakland  creek  or  estuary,  San  Antonio  creek  in  Alameda  county,  Raccoon  straits  and 
San  Pablo  bay  to  a  line  drawn  due  south  from  the  lighthouse  station  at  the  end  of  the 
jetty  at  the  south  entrance  of  Mare  Island  straits  and  all  lands  and  waters  included 
within  the  exterior  boundaries  of  said  fish  and  game  district  and  excluding  all  tribu- 
tary sloughs,  creeks,  bays,  rivers  and  overflowed  areas  not  specifically  described  herein. 
For  the  purposes  of  this  act  that  portion  of  San  Pablo  bay  lying  northerly  of  a  line 
drawn  from  the  south  side  of  the  mouth  of  Novate  creek  to  Midshipment  point,  the 
extreme  southwesterly  point  of  Tubbs  island,  shall  be  included  in  fish  and  game  district 
number  two;  and  that  portion  of  San  Pablo  bay  lying  north  of  a  line  drawn  due  east 
from  a  point  situated  on  the  bay  shore  of  Tubbs  island,  one  and  one-half  miles  meas- 
ured southwesterly  along  the  levee  from  the  electric  power  line  tower  situated  on  the 
west  bank  of  Sonoma  creek,  shall  be  included  in  fish  and  game  district  number  two. 

Twelve  "A." 

§  38.  Fish  and  game  district  twelve  **A"  shall  consist  of  and  include  all  the  waters 
of  the  Sacramento  river  flowing  within  the  main  channel  between  the  bridge  across  said 
river  at  Colusa  and  the  Vina  ferry  near  the  town  of  Vina,  in  Tehama  county. 

Twelve  "B." 

$  39.  Fish  and  game  district  twelve  "B"  shall  consist  of  and  include  all  waters  and 
tide  lands  to  high  water  mark  of  the  Mare  Island  straits  from  Carquinez  straits  to  the 
boundary  line  between  Napa  and  Solano  counties,  the  Carquinez  straits  not  included 
within  fish  and  game  district  twelve,  the  waters  and  tide  lands  to  high  water  mark  of 
Suisun  bay,  all  waters  of  the  Sacramento  river  flowing  within  the  main  channel  between 
the  mouth  thereof  and  the  bridge  across  said  river  at  Colusa;  the  waters  in  the  main 
channel  of  Steamboat  slough  and  Sutter  slough;  the  waters  of  New  York  slough  and 
Broad  slough;  all  waters  of  the  San  Joaquin  river  flowing  within  the  main  channel 
thereof  to  the  south  boundary  of  San  Joaquin  county;  all  lands  and  waters  lying 
between  the  main  channel  of  San  Joaquin  river  from  the  place  of  confluence  with  Old 
river  and  the  place  of  diversion  of  Middle  river  and  the  west  and  south  banks  of 
Old  and  Middle  rivers  and  all  lands  and  waters  lying  within  the  boundaries  of  said  fisb 
and  game  district  and  excluding  all  tributary  slougTis,  creeks,  bays,  rivers  and  over 
flowed  areas  not  specifically  described  herein. 


I 


I 


'867  GAMi:  LAWS.  Act  1696,  g§  40-47 

Tlurteen. 

$  40.  Fish  and  game  district  thirteen  shall  consist  of  and  include  the  waters  and 
tide  lands  to  high  water  mark  of  San  Francisco  bay  lying  to  the  south  of  a  line  drawn 
between  the  ferry  building  at  the  foot  of  Market  street  in  San  Francisco  and  the  mouth 
of  the  Oakland  creek  or  estuary  in  Alameda  county,  exclusive  of  all  streams,  sloughs 
and  lagoons.  [Amendment  of  May  13,  1919.  In  effect  July  22,  1919.  Stats.  1919, 
p.  431.] 

Fourteen. 

$  41.  Fish  and  game  district  fourteen  shall  consist  of  and  include  the  waters  of 
Seotts  creek,  in  Santa  Cruz  county,  between  its  mouth  and  the  mouth  of  Mill  creek. 

Fifteen. 

$  42.  Fish  and  game  district  fifteen  shall  consist  of  and  include  the  waters  and  tide 
lands  to  high  water  mark  of  that  portion  of  Monterey  bay  lying  to  the  north  of  a  line 
drawn  from  the  extreme  westerly  point  of  Point  Santa  Cruz  to  the  extreme  westerly 
point  of  Soquel  point;  and  shall  consist  of  and  include  the  waters  of  the  San  Lorenzo 
river  and  its  tributaries. 

Sixteen. 

§  43.  Fish  and  game  district  sixteen  shall  consist  of  and  include  the  waters  and  tide 
lands  to  high  water  mark  of  that  portion  of  Monterey  bay  lying  to  the  south  of  a  line 
drawn  from  the  extreme  northerly  point  of  Point  Pinos  in  a  straight  line  easterly  to 
the  eastern  shore  of  Monterey  bay  to  a  point  north  of  the  town  of  Seaside,  said  point 
being  marked  by  a  permanent  monument  placed  by  the  United  States  government 
surveyors,  and  designated  as  "Monterey  N.  0.  T.  C.  and  G.  S.  Sta." 

Seventeen. 

§  44,  Fish  and  game  district  seventeen  shall  consist  of  and  include  the  waters  and 
tide  lands  to  high  water  mark  of  Monterey  bay  and  Pacific  ocean,  lying  between  a  line 
extending  southwest  from  the  extreme  westerly  point  of  Point  Santa  Cruz  and  a 
line  extending  due  west  from  the  mouth  of  Carmel  river,  in  Monterey  county,  and  exclu- 
sive of  the  areas  included  in  fish  and  game  districts  fifteen  and  sixteen,  and  exclusive 
of  all  rivers,  creeks,  sloughs  and  lagoons,  emptying  into  the  Pacific  ocean  and  Monterey 
bay  within  the  boundaries  of  this  district. 

Eighteen. 

^  45.  Fish  and  game  district  eighteen  shall  consist  of  and  include  the  ocean  waters 
and  tide  lands  to  high  water  mark  of  the  state  lying  between  a  line  extending  due  west 
from  the  mouth  of  Carmel  river  and  the  south  boundary  of  San  Luis  Obispo  county,  and 
shall  exclude  all  rivers,  streams,  sloughs  and  lagoons. 

Nineteen. 

$  46.  Fish  and  game  district  nineteen  shall  consist  of  and  include  the  ocean  waters 
and  tide  lands  to  high  water  mark  o£  the  state  lying  between  the  north  boundary  of 
Santa  Barbara  county  and  the  southern  boundary  of  San  Diego  county,  and  shall 
include  all  islands  and  adjacent  waters  belonging  to  the  state  of  California  and  lying 
ofiE  the  coast  of  southern  California,  south  of  a  line  extending  due  west  into  the  Pacific 
ocean  from  the  north  boundary  of  Santa  Barbara  county,  exclusive  of  Santa  Catalina 
island  and  state  waters  adjacent  thereto;  exclusive  of  all  rivers,  streams,  lagoons  and 
bays.     [Amendment  of  May  13,  1919.    In  effect  July  22,  1919.     Stats.  1919,  p.  431] 

Twenty. 

$  47.  Fish  and  game  district  twentj'  shall  consist  of  and  include  Catalina  island  and 
that  portion  of  the  state  waters  lying  between  a  line  extending  south  from  the  south- 


Act  1696,  §§  48-55  GBNEIRAL   LAWS.  868 

easterly  shore  in  line  with  and  intersecting  South  East  rock;  thence  around  the  east 
end  to  the  north  side  of  a  line  extending  west  from  the  extreme  west  end  of  said  island. 

Twenty  "A." 

§48,  Fish  and  game  district  twenty  "A"  shall  consist  of  and  include  that  portion 
of  the  state  waters  around  Catalina  island  not  included  in  fish  and  game  district  twenty. 

Twenty-one. 

$  49.  Fish  and  game  district  twenty-one  shall  consist  of  and  include  those  waters 
and  tide  lands  to  high  water  mark  of  San  Diego  bay  lying  inside  of  a  straight  line  drawn 
from  Point  Loma  to  the  offshore  end  of  the  San  Diego  breakwater. 

Twenty-two. 

§  50.  Fish  and  game  district  twenty-two  shall  consist  of  and  include  the  waters  of 
Salton  sea  and  the  waters  of  the  Colorado  river. 

Twenty-three. 

$  51.  Fish  and  game  district  twenty-three  shall  consist  of  and  include  the  waters  of 
Lake  Tahoe  and  the  Truckee  river,  and  all  streams  flowing  into  said  lake  and  river,  and 
all  lauds  within  the  drainage  basin  of  said  lake  and  river,  lying  within  the  state  of 
California. 

Twenty-four. 

$  52.  Fish  and  game  district  twenty-four  shall  consist  of  and  include  the  waters  of 
Silver  lake,  Twin  lakes,  Blue  lakes,  Meadow  lake  and  Wood  lake  and  all  streams  flow- 
ing into  said  lakes  and  all  lands  lying  within  the  drainage  basin  of  said  lakes  and 
streams,  all  being  within  the  counties  of  Alpine  and  Amador. 

Twenty-five. 

$  53.  Fish  and  game  district  twenty-five  shall  consist  of  and  include  the  waters  of 
Lake  Almanor  and  all  streams  flowing  into  said  lake  and  all  lands  lying  within  the 
drainage  basin  of  said  streams  and  lake,  all  being  within  the  counties  of  Plumas  and 
Lassen. 

Twenty-six. 

$  54.  Fish  and  game  district  twenty-six  shall  consist  of  and  include  all  waters  in 
that  portion  of  Rae  lakes  lying  south  of  Fin  Dome  and  all  waters  flowing  into  said 
portion  of  Rae  lakes  and  all  lands  lying  within  the  drainage  basin  of  the  said  portion 
of  Rae  lakes;  all  waters  in  all  lakes  lying  within  the  Sixty  Lake  basin;  all  waters 
flowing  into  said  lakes;  all  waters  flowing  from  the  said  lakes  to  the  south  fork  of 
Woods  creek  and  all  lands  lying  within  the  Sixty  Lake  basin,  all  lying  in  the  county 
of  Fresno. 

Repealed. 

§  55.  An  act  entitled  "An  act  to  divide  the  state  of  California  into  fish  and  game 
districts  and  to  repeal  an  act  entitled  'An  act  to  divide  the  state  of  California  into  six 
fish  and  game  districts,'  approved  March  21,  1911,  and  all  acts  or  parts  of  acts  incon- 
sistent herewith,"  approved  May  15,  1915,  and  all  acts  or  parts  of  acts  inconsistent 
herewith  are  hereby  repealed. 

1.  Constitutionality — Subject  not  cov-  Into  fish  and  game  districts,  the  title  con- 
ered  by  title. — The  amending  act  of  1913,  tained  nothing  to  indicate  the  true  char- 
purporting  to  add  a  new  section  to  the  acter  of  the  amendment. — In  re  Mascolo,  25 
act     of    1911,     Is    unconstitutional     because,  Cal.  App.   92,  142  Pac.  903. 

while  amending  and  changing  every  section  2.      Adoption    of    section    ZS*/^,    article    IV, 

in    the    original   act,    and    dividing    the   state  constitution — Withdrawal     ot     power     troni 


I 


SQO  GAME  LAWS.  Act  1696a,  §§  1,  2 

local    authorities. — The    adoption    of    section  and    vested    it   in    the    legislature,    and    that 

251/^   of  article  IV  of  the  constitution,  pro-  body    now    has    exclusive    power    over    tne 

vidhig-  for  fish  protection  and  fish  districts,  entire  subject,  by  virtue  of  the  first-named 

operated  to  withdraw  whatever  power  may  section. — In   re  Cencinino,   31   Cal.  App.    238, 

have   been   granted   to   local    authorities   by  160  Pac.  167. 
section   11,   article    XI,    of    the    constitution. 

*' MOUNT  T  AM  ALP  ATS  GAME  REFUGE." 
ACT  1696a — An  act  to  further  divide  the  state  into  fish  and  game  districts  "by  establish- 
ing a  district  specially  suited  for  propagation  of  game,  and  to  provide  for  the  manage- 
ment and  protection  thereof.  r 

History:  Approved  May  26,  1917.  In  effect  July  27,  1917.  Stats. 
1917,  p.  1166.  Amended  May  13,  1919.  In  effect  July  22,  1919,  Stats. 
1919,  p.  521. 

"Mount  Tamalpais  game  refuge"  created.    Boundaries. 

$  1.  For  the  protection,  conservation  and  propagation  of  game  animals,  except  fish, 
there  is  hereby  set  apart  and  established  a  district  to  be  known  as  "Mount  Tamalpais 
game  refuge,"  the  boundaries  of  which  are  hereby  determined  to  be  as  follows,  to  wit: 
All  that  certain  territory  within  the  county  of  Marin,  bounded  and  described  as  follows, 
to  wit: 

Beginning  at  the  intersection  of  the  easterly  shore  of  inner  Bolinas  bay  with  the 
northwesterly  boundary  line,  extended,  of  the  Stinson  ranch  conveyed  to  A.  H.  Stinson 
et  al.,  by  decree  of  distribution  dated  the  twenty-eighth  day  of  July,  1911,  and  recorded 
in  the  office  of  the  county  recorder  of  Marin  county  in  book  one  hundred  thirty-seven 
of  deeds  at  page  one  hundred  two;  thence  northeasterly  along  the  said  northwesterly 
boundary  line  to  the  southwesterly  boundary  line  of  the  lands  of  the  Marin  municipal 
water  district  on  the  top  of  Bolinas  ridge,  thence  along  the  exterior  boundary  of  the 
lands  of  said  district  in  such  a  way  as  to  include  the  same,  to  a  point  in  the  abandoned 
portion  of  the  Fairfax  and  Bolinas  county  road;  thence  northerly  along  the  said  road 
and  along  the  Fairfax  and  Bolinas  county  road,  to  a  point  in  the  southwesterly  line 
of  the  right  of  way  of  the  Northwestern  Pacific  railroad  company  near  Faii'f  ax  station ; 
thence  along  the  said  last  mentioned  line  in  a  southerly  direction  past  the  railroad 
stations  at  San  Anselmo,  Kentfield  and  Corte  Madera,  to  its  intersection  Avith  Hum- 
boldt street  on  the  westerly  boundary  of  the  lands  of  the  Sausalito  land  and  ferry 
company,  as  said  street  is  laid  down  and  delineated  on  the  official  map  of  said  lands 
filed  in  the  office  of  the  county  recorder  of  Marin  county  in  rack  number  one,  pull  num- 
ber nine;  thence  southerly  along  the  westerly  line  of  said  Humboldt  street  and  the 
westerly  line  of  Tennessee  avenue  of  the  same  tract,  to  the  corner  common  to  ranches, 
E,  F,  and  A  as  said  ranches  are  delineated  on  the  Tamalpais  land  and  water  company 's 
map  number  three,  filed  in  said  recorder's  office  in  map  book  number  one,  page  one 
hundred  four;  thence  southwesterly  along  the  southeasterly  boundary  lines  of  ranches 
E,  L,  and  K,  as  shown  on  said  last  mentioned  map,  to  the  shore  of  the  Pacific  ocean; 
thence  northwesterly  along  the  shore  of  the  Pacific  ocean  and  across  the  easterly  end 
of  the  Bolinas  sandspit,  and  along"  the  easterly  shore  of  inner  Bolinas  bay,  to  the  point 
of  beginning,  excepting  from  the  area  of  said  Mount  Tamalpais  game  refuge  all  lands 
lying  within  the  exterior  boundaries  of  any  incorporated  town. 

No  open  season. 

$  2.  The  provisions  of  law  for  the  protection  of  fish  in  the  second  fish  and  game 
district  of  this  state  shall  be  enforced  within  said  Mount  Tamalpais  game  refuge  and 
there  shall  be  no  open  season  therein  for  any  game  animals  except  fish. 


Act  1696n,  §8  3-5  GENERAL  LAWS.  870 

Unlawful  to  kill  game  birds  or  animals.   Firearms,  etc. 

^  3.     It  shall  be  unlawful  within  said  territory  at  any  time: 

(a)  To  hunt,  pursue,  take,  kill  or  destroy  any  game  birds  or  animals,  except  to 
capture  the  same  to  be  set  at  liberty  elsewhere,  as  hereinafter  specially  provided; 

(b)  To  hunt,  pursue,  take,  kill,  or  destroy  any  other  wild  birds  or  animals  except  aa 
hereinafter  provided; 

Game  animals  defined. 

(c)  For  any  person  to  have  in  his  possession  any  firearm,  trap  or  other  contrivance 
designed  to  be  used  to  kill,  destroy  or  capture  game  animals  except  fish,  without  first 
having  obtained  a  permit  so  to  do  from  the  fish  and  game  commission  of  this  state: 
provided,  that  nothing  in  this  act  contained  shall  prohibit  the  lawful  occupant  of  any 
privately  owned  lands  within  said  district,  or  his  employees  at  the  direction  of  said 
occupant,  from  killing  ground-  squirrels,  gophers,  owls,  hawks,  blue  jays,  skunks  and 
other  destructive  animals  which  are  not  game  animals  as  hereinafter  defined  that  may 
be  on  the  land  of  said  occupant;  and  provided  further,  that  nothing  in  this  subdivision 
"c"  contained  shall  apply  to  persons  traveling  upon  any  public  highways  within  said 
territory,  nor  to  members  of  the  organized  militia  while  on  the  state  rifle  range,  nor  to 
members  of  any  high  school  militia  while  on  the  grounds  of  the  high  school  at  which 
time  they  may  be  enrolled.  The  term  game  animals  used  herein  is  intended  to  include 
all  birds  and  animals  which  are  protected  or  fostered  by  any  of  the  laws  of  this  state. 

Power  of  fish  and  game  commission. 
$  4.     The  fish  and  game  commission  of  the  state  of  California  shall  have  power; 

(a)  To  exercise  control  over  all  game  animals  on  all  lands  within  the  boundaries  of 
said  game  refuge. 

(b)  To  accept,  on  behalf  of  the  state,  donations  of  ownership  or  leasehold  interest  of 
any  lands  within  the  boundaries  of  said  game  refuge,  to  be  used  for  the  furtherance  of 
the  objects  of  protecting,  feeding,  or  propagating  game. 

(c)  To  accept,  on  behalf  of  the  state,  donations  of  game  birds  and  animals,  and  of 
money  given  or  appropriated  for  protection,  feeding,  or  propagation  of  game  in  said 
district,  and  to  use  the  same  for  the  said  purposes,  and  as  nearly  as  may  be,  for  any 
particular  purpose  indicated  by  the  donor, 

(d)  To  make  additional  rules  and  regulations,  not  in  conflict  with  this  act  or  other 
statutes  of  the  state,  for  the  protection  and  propagation  of  game  in  said  district. 

(e)  To  issue  in  their  discretion,  and  under  such  restrictions  as  they  may  deem  best, 
permits  for  carrjdng,  using,  or  having  in  possession  within  said  district,  firearms,  traps, 
or  other  instruments  or  means  for  killing  or  taking  birds  or  animals;  but  no  such  per- 
mits shall  allow  any  person  to  hunt,  kill,  destroy  or  take  any  game  birds  or  animals; 
and  no  hunting,  killing  or  destruction  of  wild  birds  or  animals,  other  than  game  birds 
or  animals,  within  said  Mount  Tamalpais  game  refuge  shall  be  allowed,  by  game  wardens 
or  by  persons  holding  special  permits  for  the  purpose ;  and  persons  holding  such  special 
permits  shall  be  allowed  so  to  hunt,  kill,  or  destroy  only  when  accompanied  by  a  member 
of  the  fish  and  game  commission,  or  by  an  authorized  deputy  thereof,  or  by  the  sheriff 
or  a  deputy  sheriff  of  Marin  county,  except  the  lawful  occupants  of  said  lands  and  their 
employees  shall  not  be  required  to  obtain  permits  for  the  purpose  of  killing  ground 
squirrels,  gophers,  owls,  hawks,  blue  jays,  skunks  or  other  destructive  animals  which  are 
not  game  animals  as  in  this  act  defined. 

Penalty. 

§  5.  Any  person  who  shall  violate  any  of  the  provisions  of  this  act  shall  be  guilty  of 
a  misdemeanor,  and  shall  be  punishable  by  a  fine  not  exceeding  five  hundred  dollars,  or 


11 


I 


871  GAME  LAWS.  Acts  1607-1703 

by  imprisonment  not  exceeding  one  hundred  fifty  days,  or  by  both  such  fine  and  impris- 
onment.   [Amendment  of  May  13, 1919.    In  effect  July  22, 1919.    Stats.  1919,  p.  521.] 

Duty  of  cJicers. 

^  6.  It  shall  be  the  duty  of  the  fish  and  game  commission  of  the  state  of  California 
and  of  its  deputies,  and  also  of  the  district  attorney,  and  of  the  sheriff,  and  of  all  other 
peace  officers  of  Marin  county  to  enforce  all  the  provisions  of  this  act,  and  to  institute 
and  assist  in  prosecutions  for  violations  thereof. 

County  appropriation. 

$  7.  Any  county  may,  in  the  discretion  of  its  board  of  supervisors,  appropriate  and 
pay  to  the  fish  and  game  commission  of  the  state  of  California,  funds  to  be  used  by 
them,  as  provided  in  subdivision  "  c  "  of  section  four  hereof. 

RAILWAY  CAR  FOR  FISH  DISTRIBUTION. 

ACT  1697 — An  act  to  provide  for  the  acquisition,  ectuipment  and  use  of  a  railway  car 

for  the  purpose  of  distributing  live  fish  and  stocking  the  waters  of  this  state  with 

fish,  and  making  an  appropriation  therefor.    [Approved  March  21,  1907.    Stats.  1907, 

p.  777.1 

^  ■"  History:    Approved  March  21,  1907,  Stats.  1907,  p.  777. 

This   act   appropriated   the   sum    of    $7500  for  the  purpose  Indicated. 

PURCHASE  OF  FISH  HATCHERIES  AT  SISSON. 
ACT  1698 — An  act  authorizing  the  fish  commissioners  to  purchase  the  land  on  wMcli  the 
state  fish  hatcheries  at  Sisson  are  situated. 

History:    Approved  March  31,  1891,  Stats.  1891,  p.  258. 
The    sum    of    ^500    was    appropriated    for  the   purpose. 

PURCHASE  OF  ADDITIONAL  LAND  FOR  FISH  HATCHERY  AT  SISSON. 
ACT  1699 — An  act  to  provide  for  purchasing  land  for  the  state  fish  hatchery  at  Sisson, 
in  Siskiyou  county,  and  for  making  certain  improvements  and  repairs  at  said  hatchery, 
and  making  an  appropriation  therefor. 

History:    Approved  March  25,  1903,  Stats.  1903,  p.  434. 
The  snm  of  $10,000  was  appropriated  for  the   purpose. 

REMOVAL  OF  OBSTRUCTIONS  IN  AMERICAN  RIVER. 
ACT  1700 — An  act  authorizing  commissioners  to  remove  obstructiona  in  American 
nver.  History:    Approved  March  5,  1889,  Stats.  1889,  p.  66. 

SALMON  HATCHERY. 
ACT  1701 — An  act  authorizing  fish  commissioners  to  build   and  maintain  a  salmon 
hatchery.  History:    Approved  March  9,  1835,  Stats.  1885,  p.  31. 

REMOVAL  OF  OBSTRUCTIONS  IN  PITT  RIVER. 
ACT  1702 — An  act  to  provide  for  removing  obstructions  in  Pitt  river,  above  the  month 
of  Hat  creek,  so  as  to  enable  salmon  to  reach  the  spawning-grounds   on  the  upper 
waters  of  said  river  and  its  tributaries,  and  making  an  appropriation  therefor. 
History:    Approved  March  25,  1901,  Stats.  1901,  p.  808. 

DISPOSAL  OF  HATCHERY  AT  BATTLE  CREEK. 
ACT  1703 — An  act  authorizing   the   board   of   fish  commissioners   to   dispose   of  the 
hatchery  located  on  Battle  creek  in  Tehama  county,  and  to  expend  the  proceeds  of 

the  same.  History:    Approved  March  9,  1897,  Stats.  1897,  p.  89. 

This  act  authorized  the  sale  for  $2600  to  be  credited  to  the  fish  commission  fund. 


Acis  170-1-1712,  §  1  GENEHAL   LAWS.  871 

FISH  REPOSITORY  ON  STANISLAUS  RIVER. 
ACT  1704 — An  act  to  authorize  the  hoard  of  fish  commissioners  of  the  state  to  con- 
struct a  fish  repository  on  the  Stanislaus  river  in  Tuolumne  county,  and  making  an 
appropriation  therefor. 

History:    Approved  March  13,  1907,  Stats.  1907,  p.  249. 

AUTHORIZING  CONSTRUCTION  OF  STEAM  LAUNCH. 
ACT  1705 — An  act  authorizing  the  hoard  of  fish  commissioners  to  construct  a  steam 

launch.  History:    Approved  March  12,  1885,  Stats.  1885,  p.  124. 

The   mum   ot   $4000    was    appropriated    for  the   purpose. 

PURCHASE  OF  GASOLINE  LAUNCH. 
ACT  1706 — An  act  to  authorize  the  hoard  of  fish  commissioners  to  purchase  or  construct 
a  gasoline  launch,  to  aid  in  carrying  out  the  purposes  of  said  hoard,  and  appropriating 
money  therefor. 

History:    Approved  March  31,  1897,  Stats.  1897,  p.  346. 
The  act  appropriated  the  sum  of  $2600  for  the    purpose    indicated. 

DISPOSAL  OF  STEAM  LAUNCH  GOVERNOR  STONEMAN, 
ACT  1707 — Authorizing  fish  commissioners  to  dispose  of  the  steam  launch  Governor 
Stoneman  and  to  replace  it  hy  two  smaller  hoats  to  he  used  as  patrol  hoats. 
History:    Approved  March  19,  1889,  Stats.  1889,  p.  350. 

IMPORTATION  OF  GAME  BIRDS  FOR  PROPAGATION. 
ACT  1708 — An  act  to  authorize  state  hoard  of  fish  commissioners  to  import  game  hirds 
into  the  state  for  propagation. 

History:    Approved  March  16,  1889,  Stats.  1889,  p.  304. 
This   act   appropriated   $2000    for    the    im-        pheasants,  grouse,  and  skylarks,  for  propa- 
portation  of  game  birds,  including  wild  tur-        gatlon    purposes, 
keys,     prairie    chickens,     bob     white     quail, 

PROTECTION  OF  GAME  IN  NEVADA  COUNTY. 
ACT  1709 — An  act  for  the  protection  of  game  in  Nevada  county. 

History:    Approved  February  6,  1874,  Stats.  1873-74,  p.  80. 
Code  commissioners'  note:    "Probably  modified  and  repealed  by  Penal  Code,  §8  626e,  626f, 
626h,  and  6261." 

RESTRICTING  HUNTING  IN  YOLO  COUNTY. 
ACT  1710— An  act  to  restrict  the  hunting  or  shooting  of  game  in  the  county  of  Yolo. 
History:    Approved  March  16.  1872,  Stats.  1871-72,  p.  411. 
Code  commissioners'  note:    "Probably  superseded  by   the  general  laws  on  the  subject. — 
See  Penal  Code,  §§  635,  636,  636a." 

This  act  made  It  a  misdemeanor  to  hunt,  pursue,  kill  or  destroy  any  deer  within  three 
miles  of  the  summit  of  Mount  Diablo  for  a  period  of  four  years. 

PRESERVATION  OF  MOCKING  BIRDS. 

ACT  1712 An  act  to  prevent  the  capture  and  destruction  of  mocking-hirds  in  this  state. 

History:    Approved  February  14,  1872,  Stats.  1871-72,  p.  102. 
This  act  made  It  a  misdemeanor  to  shoot,        injure   or   destroy    their   nests   or    eggs,   and 
snare    or    trap    mocking    birds    or    to    take.       fixed   a  penalty   therefor. 

Mocking  hirds  must  enjoy  perfect  immunity. 

§  1.  Any  person  or  persons  who  shall  wilfully  and  knowingly  shoot,  wound,  trap, 
snare,  or  in  any  other  manner  catch  or  capture  any  mocking-bird  in  the  state  of  Cali- 
fornia, or  shall  knowingly  take,  injure  or  destroy  the  nest  of  any  mocking-bird,  or  shall 
take,  injure,  or  destroy  any  mocking-birds'  eggs,  in  the  nest  or  otherwise,  in  said  state, 


ST3  GAME   LAWS.  Acts  1715-1721 

shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  before  any  justice 
of  the  peace  of  the  township  in  which  the  offense  shall  have  been  committed,  shall  be 
fined  in  a  sum  not  less  than  five  dollars  nor  exceeding  ten  dollars,  and  cost  of  the  action 
for  each  offense,  or  may  be  imprisoned  not  less  than  five  days  nor  more  than  ten  days, 
or  by  both  such  fine  and  imprisonment,  as  the  judge  of  the  court  may  direct. 

Fines.    Disposition  of. 

$  2.  All  fines  collected  under  the  provisions  of  this  act  shall  be  paid  into  the  county 
treasury  for  the  benefit  of  the  common  school  fund. 

Act  takes  effect  when. 

$  3.    This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

PREVENTION  OF  DESTRUCTION  OF  FISH  AND  GAME  IN  LAKE  MERRITT. 
ACT  1715 — ^An  act  to  prevent  destruction  of  fish  and  game  in  the  waters  of  Lake 
Merritt,  or  Peralta,  in  the  county  of  Alameda. 

History:  Approved  March  18,  1870,  Stats.  1869-70,  p.  325.  Continued 
In  force  by  the  codes.  See  Kerr's  Cyc.  Political  Code,  §  19,  and  Kerr'a 
Cyc.  Penal  Code,  §  23. 

PROTECTION  OF  FISH  AND  GAME  IN  NAPA  COUNTY. 
ACT  1716 — An  act  for  the  protection  of  fish  and  game  in  certain  portions  of  Napa 
coun  y.  History:    Approved  March  26,  1872,  Stats.  1871-72,  p.  550. 

Code  commissioners'  note:  "Probably  repealed  by  the  general  laws  upon  the  subject. — 
See  Penal  Code,  §§  635,  636,  636a." 

DESTRUCTION  OF  FISH  PROHIBITED  IN  ALAMEDA  COUNTY. 
ACT  1720 — An  act  to  prohibit  the  destruction  of  fish  in  Alameda  county. 
History:    Approved  March  28,  1878,  Stats.  1877-78,  p.  598. 

Catching  fish  in  Lake  Chabot. 

§  1.  It  shall  not  be  lawful  for  any  person  to  catch,  take,  or  destroy  any  fish  of  any 
kind  in  the  body  of  water  known  as  Lake  Chabot,  in  the  San  Leandro  creek,  in  Ala- 
meda county,  belonging  to  the  Contra  Costa  Water  Company,  without  permission  of 
the  owner  or  owners  thereof. 

Catching  fish  in  San  Leandro  creek.    Time  of  catching  defined. 

^  2.  It  shall  not  be  lawful  to  take,  kill,  or  destroy  any  brook  or  speckled  trout, 
salmon,  or  salmon-trout,  or  any  other  species  of  fish  in  San  Leandro  creek  and  its 
branches  or  tributaries,  or  in  any  of  the  streams  or  water-courses  of  said  county, 
between  the  first  day  of  October  of  each  year  and  the  first  day  of  April  of  the  following 
year. 

Misdemeanor. 

§  3.  Any  person  violating  the  provisions  of  this  act  shall  be  guilty  of  a  misde- 
meanor. 

Act  takes  effect  when. 

$  4.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

PREVENTION  OF  DESTRUCTION  OF  FISH  IN  BOLINAS  BAY. 

ACT  1721 — An  act  to  prevent  destruction  of  fish  in  the  waters  of  Bolinas  bay  in  Marin 
county. 

History:  Approved  March  31,  1866,  Stats.  1865-66,  p.  637.  Continued 
in  force.  See  Kerr's  Cyc.  Political  Code,  §  19,  and  Kerr's  Cyc.  Penal 
Code,  §  23. 


<.ts  1722-1724,  g§  1.2  GENERAL  I-AWS.  874 

PROTECTION  OF  FISH  IN  BUTTE  CREEK. 

A.CT  1722 — An  act  for  the  protection  of  fish  in  Butte  creek,  in  the  county  of  Butte. 
History:   Approved  February  21,  1872,  Stats.  1871-72,  p.  138.     Amended 
February  9,  1874,  Stats.  1873-74,  p.  87. 

Code  commissioner's  note:  "Probably  su-  ject." — See  Kerr's  Cyc.  Penal  Code,  §§  635, 
perseded   by   the  general   laws  on    the   sub-        636,    636a. 

REGULATING  SALMON  FISHERIES  ON  EEL  RIVER. 
ACT  1723 — An  act  to  regulate  salmon  fisheries  on  Eel  river  in  Humboldt  county. 

History:  Approved  April  18,  1859,  Stats.  1859,  p.  298.  Continued  in 
force.  See  Kerr's  Cyc.  Political  Code,  §  19,  and  Kerr's  Cyc.  Penal 
Code,  §  23. 

1.  Rig-ht  of  fi.shery — Riparian  oTTner. —  more  than  five  years  next  before  the  com- 
As  to  the  rights  of  owners  of  land  along  mencement  of  the  suit,  under  a  claim  of 
the  banks  of  Eel  river  to  the  fishing-  privi-  title,  will  not  support  a  judgment  in  their 
leges  under  the  act,  where,  subsequent  to  favor  of  title  by  prescription. — Heckman  v. 
the  acquisition  of  title  the  channel  of  the  Swett,  99  Cal.  303,  33  Pac.  1099;  Same  v. 
river     was     changed     as     the     result     of     a  Same,  107  Cal.   276,  40  Pac.  420. 

freshet,  and   the  owner  of  one   bank  has   a  See,    also,   Heckman   v.   Swett,   4   Cal.   Un- 
bar   or   grade    suitable    for   landing    nets    or  rep.    312,    33    Pac.    1099. 

seines    or   nets,    and    the    owner    of    the    op-  4.     Same — Trespasser. — Under  section  5  of 

posite   bank   has  a  bold,   abrupt   shore. — See  the  act  it  is  made  a  misdemeanor   to   exer- 

Heckman  v.  Swett,  99  Cal.  303,  33  Pac.  1099;  cise    the    right    of    fishery    in    Eel    river,    he 

Same  v.  Same,  107  Cal.  276,  40  Pac.   420.  having    no    such    right,    and    title    by    pre- 

See,    also,    Heckman   v.   Swett,    4    Cal.   Un-  scription    can    not    be    acquired    by    a    tres- 

rep.   312,   33   Pac.   1099.  passer.— Heckman   v.   Swett,    99   Cal.    303,    33 

2.  Same — Same. — Th?     right     of     fishery  Pac.    1099. 

under   sections   2,    3   and   4,   of  the  act   is   a  See,   also,   Heckman   v.   Swett,   4   Cal.   Un- 

right     appurtenant     to    the    land,     and     the  rep.    312,    33    Pac.    1099. 

ownership   of   the   land   is   inseparable   from  5.     Act    not   repealed   by   code   provisions. 

the    fishing    privilege. — Heckman    v.    Swett,  — The  act  v/as  not  repealed  by  sections  634 

99  Cal.  303,  33  Pac.  1099;  Same  v.  Same,  107  to  636,  Penal  Code. — Heckman  v.  Swett,   107 

Cal.   276,    40    Pac.    420.  Cal.    276,    40    Pac.    420. 

See,   also,    Heckman    v.    Swett,    4    Cal.    Un-  6.     Applies    to   salmon    fishing   only. — The 

rep.    312,   33   Pac.   1099.  act  deals  only  with  the' salmon  fishing,  and 

3.  Same — Same. — The  right  of  fishery  a  judgment  enjoining  one  without  the  right 
under  the  act  can  not  be  acquired  by  pre-  of  fishery  under  the  act  from  casting  any 
scription  apart  from  the  ownership  of  the  nets  in  the  waters  fronting  plaintiff's  lands 
land  to  which  it  is  appurtenant,  and  a  find-  is  too  broad  and  should  be  limited  to  en- 
ing  that  defendants  have  occupied  and  joining  the  casting  of  nets  for  salmon. — 
used    the    shore    for    fishing    exclusively    for  Heckman  v.  Swett,  107  Cal.  276,  40  Pac.  420. 

PRESERVATION  OF  FISH  IN  LAKE  BIGLER. 
ACT  1724 — An  act  for  the  preservation  of  fish  in  the  waters  of  Lake  Bigler, 
History:    Approved  March  30,  1878,  Stats.  1877-78,  p.  746. 

Catching  fish,  except  hy  hook  and  line,  in  Lake  Bigler. 

§  1.  It  shall  not  be  lawful  for  any  person  or  persons  to  catch  or  kill  any  fish  in  the 
waters  of  Lake  Bigler,  or  in  any  stream  leading  into  or  from  said  Lake  Bigler,  with 
any  seine,  gill-net,  spear,  wire  fence,  basket,  trap-set  net,  or  dam,  or  any  poisonous, 
deleterious  or  stupefying  drug  or  explosive  compound,  or  any  other  implement  or 
appliance,  except  by  means  of  a  hook  and  line. 

Penalty. 

$  2.  Any  person  or  persons  who  shall  violate  any  provision  of  this  act  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  before  any  justice  of 
the  peace,  in  Placer  county.  El  Dorado  county,  or  Nevada  county,  shall  be  punished 
by  a  fine  of  not  less  than  one  hundred  dollars  nor  more  than  five  hundred,  or  by  impris- 
onment in  the  county  jail  not  less  than  thirty  days  nor  more  than  four  months,  or  by 
both  such  fine  and  imprisonment,  in  the  discretion  of  the  court,  for  each  and  every 
offense,  besides  the  cost  of  prosecution. 


game:  laws.  Acts  1725, 1727,  §§  1,  2 

Fines;  how  paid. 

$  3.  The  district  attorney,  or  his  deputy,  of  El  Dorado  county,  or  of  Placer  county, 
or  of  Nevada  county,  whichever  the  informer  may  notify  as  within  the  district  attor- 
ney's jurisdiction,  shall  prosecute  such  suits,  and,  upon  conviction,  all  fines,  damag'es, 
and  penalties  that  may  be  awarded  or  collected  under  this  act  shall  be  paid  one  half 
to  the  district  attorney  and  one  half  to  the  informer,  share  and  share  alike;  and  it 
is  hereby  made  the  duty  of  the  district  .attorney,  or  his  appointed  deputy,  of  the 
counties  of  Placer,  El  Dorado,  and  Nevada,  to  prosecute  all  cases  arising  under  this  act. 

Conflicting  acts  repealed. 

$  4.  All  acts,  and  provisions  of  any  act  or  parts  of  acts,  conflicting  with  this  act, 
are  hereby  repealed. 

Act  takes  effect  when. 

$  5.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

Prohibited    taking    fish    in     Lake     Bigler       penalty,    and    divided   the    fine    between    the 
otherwise  tlian  by  hook  and  line,  made  the       district  attorney   and   the   informer, 
violation     a    misdemeanor,     prescribed     the 

PREVENTION  OF  DESTRUCTION  OF  FISH  IN  KING'S  RIVER. 
ACT  1725 — An  act  to  prevent  the  destruction  of  fish  in  King's  river. 

History:    Approved  March  28,  1878,  Stats.  1877-78,  p.  601. 

Passage  of  fish  through  ditches  prevented;  how. 

§  1.  The  proprietors  of  all  water-ditches  and  flumes,  drawing  their  supply  from  the 
waters  of  King's  river,  shall  place  and  keep  in  good  repair  at  the  heads  of  their  respec- 
tive ditches  or  flumes,  through  which  all  the  water  from  the  river  entering  the  ditch 
or  flume  shall  pass,  strips  of  wood  or  other  material,  the  meshes  between  which  shall 
not  exceed  one  inch  in  width,  for  the  prevention  of  the  passage  of  fish  from  the  river 
into  the  flumes  or  ditches.  Any  person  taking  water  from  King's  river  in  violation  of 
the  provisions  of  this  act  is  guilty  of  a  misdemeanor. 

As  to  screens  over  mill  races,  flumes,  pipes,  etc. — See  Kerr's  Cyc.  Penal  Code,   §  629. 

USE  OF  SEINES,  ETC.,  IN  NAPA  RIVER  PROHIBITED. 

ACT  1727 — An  act  to  prohibit  the  use  of  nets,  seines,  traps,  or  weirs  in  the  Napa  river 

and  its  tributaries  in  the  counties  of  Sonoma,  Napa  and  Solano. 

History:  Approved  March  4,  1911,  Stats.  1911,  p.  273.  Prior  act  of 
January  29,  1868,  Stats.  1867-68,  p.  13,  to  prevent  the  destruction  of  fish 
in  Napa  river  and  Sonoma  creek,  and  continued  in  force  by  the  codes 
(Kerr's  Cyc.  Political  Code,  §  19,  and  Kerr's  Cyc.  Penal  Code,  §  23) 
contained  substantially  the  same  provisions,  and  is  believed  to  have 
been  superseded  by  the  present  act. 

Seining  in  Napa  river. 

$  1.  Any  person  who  in  the  waters  of  Napa  river  from  its  source  to  its  mouth  or  in 
any  of  the  tributaries  of  said  river  shall  take  fish  of  any  kind,  by  means  of  a  net,  seine, 
trap,  weir  or  gang  hook,  or  who  shall  have  in  his  possession,  or  use,  or  set  any  net, 
seine,  trap,  weir  or  gang  hook  for  the  purpose  of  catching  any  fish  in  said  waters,  is 
guilty  of  a  misdemeanor;  provided,  that  nothing  in  this  act  contained  shall  prohibit 
any  person  from  taking  during  the  open  season  therefor  any  fish  with  hook  and  line. 

Penalty. 

§  2.  Every  person  found  guilty  of  violating  any  of  the  provisions  of  this  act  shall  be 
fined  not  less  than  one  hundred  dollars  or  by  imprisonment  in  the  county  jail  in  the 
county  in  which  the  conviction  shall  be  had,  not  less  than  fifty  days,  or  by  both  such 


Acts  1728-1735  GI<}>'KRAL.   LAWS.  876 

fine  and  iiniirisonraent,  and  all  such  fines  imi:)osed  or  collected  for  violation  of  any 
provision  of  this  act,  shall  be  pJid  into  the  state  treasury  to  the  credit  of  the  fish  and 
game  preservation  fund. 

Setting    of    seines    or    nets    for    fish. — See   Kerr's    Cyc.    Penal    Code,    §§636,    636a, 

USE  OF  SEINES,  ETC.,  IN  SAN  ANTONIO  CREEK,  PROHIBITED. 
ACT  1728 — An  act  to  prevent  the  catching  of  fish  by  seines,  nets,  or  weirs,  in.  the  San 
Antonio  creek,  in  the  county  of  Alameda. 

History:    Approved  March  20,  1876,  Stats.  1875-76,  p.  362. 
SettinsT    of   seines    or    nets    for    fish. — See   Kerr's  Cyc.  Penal  Code.  §S  636,  636a> 

Use  of  seines  and  nets  unlawful. 

$  1.  It  shall  not  be  lawful  for  any  person  to  catch  fish  in  the  waters  of  the  San 
Antonio  creek,  in  the  county  of  Alameda,  by  the  use  of  seines,  nets,  or  weirs. 

Penalty  for  violation. 

$  2.  Any  person  violating  the  provisions  of  this  act  shall  be  subject  to  a  penalty 
of  not  less  than  fifty  nor  more  than  one  hundred  dollars  for  each  offense,  or  imprison- 
ment in  the  county  jail  of  the  county  of  Alameda  for  a  term  of  not  less  than  thirty  nor 
more  than  sixty  days,  which  penalty  may  be  enforced  by  any  police  judge  or  justice  of 
the  peace  of  said  county. 

Act  takes  effect  when. 
$  3.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

PRESERVATION  OF  FISH  IN  SISKIYOU  COUNTY. 

ACT  1731 — An  act  for  the  preservation  of  fish  in  the  waters  of  Siskiyou  county. 

History:    Approved  March  16,  1872,  Stats.  1871-72,  p.  385. 

Code  commissioners'  note;  "Probably  su-  subject. — See  Penal  Code,  §§  635,  636,  636a." 
perseded    by    the    general    laws    upon    the 

PROTECTION  OF  FISH  IN  FALSE  BAY.   ' 
ACT  1733 — An  act  to  prevent  fishing  or  the  taking  of  fish  by  means  of  weirs,  dams, 
nets,  traps  or  seines  in  False  bay  or  in  the  entrance  thereto. 

History:    Approved  March  25,  1909,  Stats.  1909,  p.  751. 

Protection  of  fish  in  False  bay. 

§  1.  Any  person  who,  in  the  waters  of  False  bay,  in  the  county  of  San  Diego,  state 
of  California,  or  in  the  entrance  of  said  bay,  shall  use  any  weir,  dam,  net,  trap  or  seine 
of  any  description  for  the  purpose  of  catching  fish  or  who  shall,  in  these  waters,  take 
any  fish  from  any  weir,  dam,  net,  trap  or  seine,  is  guilty  of  a  misdemeanor. 

Penalty. 

§  2.  Any  person  convicted  of  the  violation  of  any  of  the  provisions  of  this  act  shall 
be  fined  not  less  than  ten  dollars  nor  more  than  fifty  dollars,  or  shall  be  imprisoned 
in  the  county  jail  of  said  county  not  less  than  five  days  nor  more  than  twenty-five 
days,  or  shall  be  both  fined  and  imprisoned  in  the  discretion  of  the  court. 

Act  takes  effect  when. 

vj  3.     This  act  shall  take  effect  immediately. 

PROTECTION  OF  FISH  IN  MENDOCINO  COUNTY. 

ACT  1735 — An  act  to  prevent  the  taking  of  fish  by  means  of  weirs,  dams,  nets,  traps  or 

seines,  in  certain  tide-water  on  the  coast  of  Mendocino  county. 

History:     Approved  March  25,  1909,  Stats.  1909,   p.  753.     Amended 
April  14,  1911,  Stats.  1911,  p.  915. 


*i77  GAMB  LAWS.  Acts  1736,  1737,  §g  1, 2 

Protection  of  fish  in  certain  tide-waters  of  Mendocino  county. 

$  1.  Any  person  who  in  the  tide-water  of  the  Noyo,  Big,  Ten-mile,  Garcia,  Navarro, 
or  Gualala  rivers  in  Mendocino  county,  shall  use  any  weir,  dam,  net,  trap  or  seine  of 
any  description  for  the  purpose  of  catching  fish,  or  who  shall  in  any  of  said  tide-water 
take  any  fish  of  any  kind  from  any  weir,  dam,  net,  trap,  or  seine,  is  guilty  of  a  misde- 
meanor and  is  punishable  by  a  fine  of  not  less  than  ten  nor  more  than  fifty  dollars,  or 
by  imprisonment  in  the  county  jail  of  said  county  not  less  than  five  days  nor  more  than 
twenty-five  days,  or  by  both  such  fine  and  imprisonment. 

Extent  of  tide-water. 

§  2.  In  the  construction  and  meaning  of  this  act  the  limits  of  tide-water  in  the  Noyo 
river  shall  be  deemed  to  extend  from  its  mouth  to  the  mouth  of  the  South  Fork  thereof; 
in  the  Big  river  from  the  mouth  thereof  to  the  Laguna;  in  the  Ten-mile  river  from  the 
mouth  thereof  to  the  Soda  springs;  in  the  Garcia  river  from  the  mouth  thereof  to  the 
mouth  of  the  North  Fork  thereof;  in  the  Navarro  river  from  the  mouth  thereof  to 
Barton  gulch;  in  the  Gualala  river  from  the  mouth  thereof  to  the  mouth  of  the  North 
Fork  thereof. 

Act  takes  effect  when. 

§  3.     This  act  shall  take  effect  immediately. 
Act  subject  to  Penal  Code,  section  634. 

$  4.  The  provisions  of  this  act  are  subject  to  section  634  of  the  Penal  Code,  and  the 
use  of  such  weir,  dam,  net,  trap  or  seine  for  the  purpose  of  catching  fish,  and  the  taking 
of  fish  from  any  weir,  dam,  net,  trap  or  seine  in  the  waters  described  in  this  act  shall 
be  pennitted  at  the  times  and  in  the  manner  set  out  in  said  section  634  of  the  Pens' 
Code.     [Amendment  approved  April  14,  1911.     Stats.  1911,  p.  915.] 

PREVENTION  OF  DESTRUCTION  OF  WILD  GAME  IN  PINNACLES 
FOREST  RESERVE. 
ACT  1736 — An  act  to  prevent  the  destruction  of  wild  game  within  the  boundaries  of 
the  Pinnacles  forest  reserve  and  Pinnacles  national  monument  in  the  counties  of 
San  Benito  and  Monterey,  in  the  state  of  California. 

History:    Approved  March  25,  1909,  Stats.  1909,  p.  750. 

USE  OF  WEIRS,  ETC.,  IN  MONTEREY  BAY. 
ACT  1737 — An  act  to  prevent  fishing,  or  the  taking  of  fish  by  means  of  weirs,  dams, 
nets,  traps  or  seines  in  certain  portions  of  the  Monterey  bay,  within  the  county  of 
Santa  Cruz.      History:    Approved  March  4,  1911,  Stats.  1911,  p.  272. 
Seining  in  Monterey  bay. 

^  1.  Any  person  who,  in  the  waters  of  Monterey  bay  in  the  county  of  Santa  Cruz, 
state  of  California,  north  of  an  imaginary  line  from  Point  Santa  Cruz  to  Point  Sauquel, 
sometimes  known  as  Black  Point,  shall  use  any  weir,  dam,  net,  trap  or  seine  of  any 
description  except  gill  nets  of  one  and  one-half  inch  mesh  for  the  purpose  of  catching 
fish,  or  who  shall,  in  these  waters,  take  any  fish  from  any  weir,  dam,  net,  trap  or  seine, 
except  gill  nets  of  one  and  one-half  inch  mesh  is  guilty  of  a  misdemeanor. 

Penalty. 

^  2.  Any  person  convicted  of  a  violation  of  any  of  the  provisions  of  this  act  shall  be 
fined  not  less  than  fifty  ($50)  dollars  nor  more  than  one  hundred  ($100)  dollars,  or 
shall  be  imjirisoned  in  the  county  jail  of  the  county  of  Santa  Cruz  not  less  than  twenty- 
five  (25)  nor  more  than  fifty  (50)  days,  or  shall  be  both  fined  and  imprisoned  in  the 
discretion  of  the  court. 

Setting   of   ticines    and   nets    for   fish. — See  Kerr's   Cyc.    Penal    Code,    §S  636,    636a. 


Acts  iras,  173Sa,  8§  1-3  GEIVKRAL   L,AWS.  878 

USE  OF  NETS,  ETC.,  IN  CACHE  SLOUGH  PROHIBITED. 
ACT  1738 — An  act  to  prohibit  the  use  of  nets,  seines,  traps,  or  weirs  for  the  catching 

of  fish  in  Cache  slough  and  its  tributaries  in  the  counties  of  Solano  and  Yolo. 
History:    Approved  February  20,  1911,  Stats.  1911,  p.  G6. 
Seining  in  Cache  slough. 

§  1.  Any  person  who,  in  the  waters  of  Cache  slough,  from  its  source  to  its  mouth, 
in  the  counties  of  Solano  and  Yolo,  state  of  California,  or  in  any  of  the  tributaries  of 
said  slough  in  either  county,  shall  take  any  fish  of  any  kind,  by  means  of  a  net,  seine, 
trap  or  weir,  or  who  shall  have  in  his  possession,  or  use,  or  set  any  net,  seine,  trap 
or  weir  for  the  purpose  of  catching  any  fish  in  said  waters,  is  guilty  of  a  misdemeanor ; 
provided,  that  nothing  in  this  act  contained  shall  prohibit  any  person  from  taking, 
during  the  open  season  therefor,  any  fish  with  hook  and  line. 

Penalty. 

$  2.  Every  person  found  guilty  of  violating  any  of  the  provisions  of  this  act  shall 
be  fined  not  less  than  one  hundred  dollars,  or  by  imprisonment  in  the  county  jail  in 
the  county  in  which  the  conviction  shall  be  had,  not  less  than  fifty  days,  or  by  both 
such  fine  and  imprisonment,  and  all  fines  imposed  or  collected  for  violation  of  any 
provision  of  this  act  shall  be  paid  into  the  state  treasury  to  the  credit  of  the  fish  and 
game  preservation  fund. 

§  3.     This  act  shall  take  efEect  immediately. 

Setting  of  nets   and  seines   for  fish. — See     Kerr's  Cyc.   Penal  Code,   §§  636,   636a. 

RESTRICTION  OF  FISHING  IN  DISTRICT  19. 
ACT  1738a — An  act  to  restrict  fishing  within  seven  hundred  fifty  feet  of  any  pier, 
wharf,  jetty  or  breakwater  in  fish  and  game  district  number  nineteen  of  the  state  of 
California. 

History:  Approved  May  13,  1919.  In  effect  July  22,  1919.  Stats. 
1919,  p.  463.  Prior  act  of  May  21,  1915.  In  effect  August  8,  1915.  Stats. 
1915,  p.  729.    Superseded  by  present  act. 

Protection  of  fish  near  pier,  wharf,  etc.    Smelt  excepted. 

^  1.  Every  person  who,  in  fish  and  game  district  number  nineteen,  takes,  catches, 
or  kills  any  fish,  except  with  hook  and  line  in  the  manner  known  as  angling  and  except 
anchovies,  squids  and  sardines  with  a  hand-net  conforming  to  the  following  measure- 
ments and  description;  a  dip  or  bait  net  constructed  with  a  metal  ring  or  hoop,  or  a 
square  frame  not  to  exceed  ten  feet  in  diameter  around  which  a  fine  mesh  net,  sack  or 
bag  is  hung,  to  this  loop  or  frame,  from  which  the  net  bag  is  hung,  three  or  four  lines 
are  attached  and  form  a  bridle,  which  is  made  fast  to  a  hand  line,  which  is  used  for 
lowering  the  net  from  the  pier  or  bank,  within  seven  hundred  fifty  feet  of  the  end  or 
sides  of  any  pier,  wharf,  jetty  or  breakwater,  is  guilty  of  a  misdemeanor;  provided, 
that  this  act  shall  not  apply  to  the  taking  or  catching  of  smelt  only. 

Penalty. 

5  2.  Every  person  found  guilty  of  a  violation  of  the  provisions  of  this  act  shall  be 
fined  not  more  than  five  hundred  dollars,  or  be  imprisoned  not  more  than  one  hundred 
and  fifty  days;  and  all  fines  or  forfeitures  imposed  and  collected  for  any  violation  of 
any  of  the  provisions  of  this  act  must  be  paid  into  the  state  treasury  to  the  credit  of  the 
fish  and  game  preservation  fund. 

For  scientific  purposes. 

§  3.  Nothing  in  this  act  shall  prohibit  the  United  States  fish  and  game  commission 
and  the  fish  and  game  commission  of  this  state  from  taking,  at  all  times,  such  fish  in 
such  manner  as  they  may  deem  necessary  for  the  purposes  of  propagation  or  for  scien- 
tific purposes. 


\ 


S79  GA3IE  LAWS.  Acts  1739-1741,  §§  1, 3 

EXPENSES  AND  COSTS  OF  TRIAL  TOR  VIOLATION  OP 

FISH  AND  GAME  LAWS. 

ACT  1739 — An  act  concerning  the  payment  of  the  expenses  and  costs  of  the  trial  of 

persons  charged  with  the  violation  of  the  laws  for  the  preservation  of  fish  in  the 

navigable  waters  of  this  state. 

History:    Approved  February  28,  1887,  Stats.  1887,  p.  5.    Entire  act 
amended  February  12,  1903,  Stats.  1903,  p.  20, 

This  act,  including  the  title,  was  amended  by  the  act  of  1903,  to  read  (§4  being  new) 
as  follows: 

An  act  providing  for  the  pa3mient  of  the  costs  and  expenses  of  all  trials  and  proceed- 
ings against  any  person  charged  with  the  violation  of  the  laws  of  this  state  for 
the  preservation,  protection,  or  restoration  of  fish. 

Trials  of  offenses  against  fish  laws.    Costs. 

$  1.  The  costs  and  expenses  of  all  trials  and  proceedings  which  shall  hereafter  be 
had  in  any  county  of  this  state  against  any  person  charged  with  having  violated  any  of 
the  provisions  of  any  law  of  this  state  for  the  preservation,  protection,  or  restoration 
of  fish,  shall  be  borne  and  paid  by  the  state. 

Claims  for  costs,  where  presented. 

$  2.  Any  claim  against  the  state  for  the  cost  and  expenses  named  in  this  act  shall 
be  presented  to  the  state  board  of  fish  commissioners,  duly  verified,  and  after  approval 
and  allowance  by  said  board,  shall  be  acted  upon  by  the  state  board  of  examiners,  and 
paid  out  c>'f  the  fish  commission  fund. 

$  3.     (Ilenumbered  §  5.) 

Eepeali  of  conflicting  acts. 

§  4.    All  acts  and  parts  of  acts  in  conflict  with  this  act  are  hereby  repealed. 

Act  takes  effect  when. 

§  5.     This  act  shall  take  effect  immediately. 

COUNTY  FISH  HATCHERIES. 
ACT  1740 — An  act  empowering  the  boards  of  supervisors  of  the  several  counties  of  the 
state,  in  their  discretion,  to  establish  and  maintain  fish  hatcheries  and  provide  for 
the  expense  of  the  establishment  and  maintenance  thereof. 

History:    Approved  March  21,  1907,  Stats.  1907,  p.  757. 

CRAB  PRESERVE  IN  EEL  RIVER. 
A.CT  1741 — An  act  to  create  a  preserve  for  crabs  within  Eel  river  and  the  entrance 
thereto  and  Humboldt  and  Trinidad  bays  and  the  waters  of  the  Pacific  ocean  adja- 
cent thereto,  and  to  regulate  the  taking  of  crabs  from  such  preserve  for  commercial 
purposes.         History:    Approved  March  13,  1909,  Stats.  1909,  p.  298. 

$  1.  A  preserve  for  crabs  is  hereby  created  which  shall  consist  of  Eel  river  and  the 
entrance  thereto  and  Humboldt  bay  and  Trinidad  bay  and  the  waters  of  the  Pacific 
ocean  adjacent  to  said  bays  within  the  limit  of  two  miles  from  the  inside  shore  line  of 
each  of  said  bays. 

§  2.  It  shall  be  unlawful  to  fish  for,  catch,  take,  or  remove  any  crabs  for  commercial 
purposes  from  the  preserve  hereby  created;  provided,  however,  that  during  the  open 
season  for  crabs  as  now  or  which  may  be  hereafter  defined  by  law,  crabs  may  be  taken 
and  removed  from  the  preserve  hereby  created  during  the  day  of  Thursday  of  each  and 
every  week,  and  at  no  other  time. 


Acts  1742,  1743.  g  1  GENERAL   LAWS.  8S0 

5  3.  Any  person  violating  the  provisions  of  this  act  shall  be  guilty  of  a  misdemeanor, 
and,  upon  conviction  thereof,  shall  be  punished  by  a  fine  of  not  exceeding  five  hundred 
dollars  or  imprisonment  in  the  county  jail  for  a  term  not  exceeding  ninety  days,  or  by 
both  such  fine  and  imprisonment. 

$  4.     This  act  shall  take  effect  from  and  after  its  passage. 

SHELLFISH  PRESERVE  IN  MONTEREY  BAY. 

ACT  1742 An  act  to  create  a  preserve  for  shellfish  and  invertebrate  animals  within  a 

portion  of  the  bay  of  Monterey  and  to  prohibit  taking  the  same  from  such  preserve 
for  commercial  purposes. 

History:  Approved  March  21,  1907,  Stats.  1907,  p.  758.  Entire  act 
except  the  title  amended  June  16,  1913.  In  effect  August  10,  1913. 
Stats.  1913,  p.  980, 

This  entire  act  except  title,  was  amended  in  1913  (Stats.  1913,  p.  980)  as  follows: 

Shellfish  preserve  in  Monterey  bay  created. 

$  1.  A  preserve  for  all  kinds  of  shellfish  and  invertebrate  animals,  except  squid  and 
devilfish,  is  hereby  created,  which  shall  consist  of  that  portion  of  the  bay  of  Monterey 
bounded  and  described  as  follows:  Commencing  at  the  extreme  point  of  Point  Pinos 
at  the  southern  entrance  to  Monterey  bay  and  running  thence  in  a  straight  line  easterly 
to  the  eastern  shore  of  said  bay  to  a  point  north  of  the  town  of  Seaside,  said  point 
being  marked  by  a  permanent  monument  placed  by  the  United  States  government  sur- 
veyors and  designated  as  "Monterey  N.  0.  T.  C.  &  G.  S.  Sta.";  thence  following  the 
shore  line  on  and  around  the  southerly  side  of  said  bay  to  the  place  of  beginning. 

Fishing  prohibited. 

§  2.  No  person  shall  fish  for,  catch,  take  or  remove  any  shellfish  or  invertebrate 
animals  of  any  kind,  other  than  squid  and  devilfish,  for  commercial  pui-poses  from  the 
preserve  hereby  created. 

Penalty. 

§  3.  Any  person  violating  any  of  the  provisions  of  this  act  shall  be  guilty  of  a  misde- 
meanor, and  upon  conviction  thereof,  shall  be  punished  by  a  fine  of  not  less  than 
twenty-five  dollars  nor  more  than  five  hundred  dollars,  or  by  imprisonment  in  the  county 
jail  of  the  county  in  which  conviction  shall  be  had  of  not  less  than  ten  days  nor  more 
than  one  hundred  and  fifty  days,  or  by  both  such  fine  and  imprisonment. 

Disposition  of  fines. 

§  4.  All  fines  and  forfeitures  imposed  and  collected  for  any  violation  of  the  provi- 
sions of  this  act  shall  be  paid  into  the  state  treasury  to  the  credit  of  the  fish  and  game 
preservation  fund. 

ACT  1743 — An  act  to  provide  for  the  transfer  to  the  state  of  California  by  owners  of 
patented  lands  therein  of  the  right  to  preserve  and  protect  wild  game  on  such 
patented  lands;  to  define  the  duties  of  the  state  board  of  fish  commissioners  in 
relation  to  the  control  of  such  rights,  and  to  declare  the  hunting  of  wild  game  within 
the  exterior  boundaries  of  the  land  to  which  such  right  attaches,  a  misdemeanor. 
History:     Approved  March  21,  1907,  Stats.  1907,  p.   788.     Amended 
March  20,  1909,  Stats.  1909,  p.  518;  June  16,  1913.    In  effect  August  10, 
1913.     Stats.  1913,  p.  992. 

Transfer  of  land  for  game  preserve  authorized.    Unlawful  to  take  game.    Notices. 

§  1.  Any  person,  firm  or  corporation,  owning  and  in  possession  of  patented  lands  in 
the  state  of  California,  embracing  an  area  of  not  less  than  one  hundred  and  sixty  acres, 
may  transfer,  by  an  instrument  in  writing  duly  acknowledged  before  an  officer  author- 


I 


8S1 


GAMG  LAWS.  Act  1744 


ized  under  the  laws  of  this  state  to  take  acknowledgments,  to  the  state  of  California, 
the  right  to  preserve  and  protect  all  wild  game  on  the  land  described  therein  for  a 
period  of  not  less  than  ten  years.  Such  instrument  shall  be  filed  with  the  state  board 
of  fish  commissioners;  whereupon  such  board  may  in  its  discretion  declare  the  lands 
described  in  such  instrument  a  state  game  pr'^serve,  and  thereafter  for  the  period 
named  therein,  shall,  for  all  the  purposes  relating  to  the  preservation  and  protection 
of  wild  game,  be  under  the  control  of  said  board.  Such  preserve  shall  be  numbered 
in  the  order  of  the  filing  of  the  instrument  of  transfer  thereof.  A  copy  of  the  declara- 
tion establishing  the  same  shall,  under  the  seal  of  said  board,  be  issued  to  such  person, 
firm  or  corporation,  transferring  the  right  therefor.  During  the  period  named  in  such 
instrument  it  shall  be  unlawful  for  any  person  to  hunt,  pursue,  shoot,  take,  kill  or 
destroy  any  wild  game  within  the  exterior  boundaries  thereof.  The  state  board  of  fish 
commissioners  shall  cause  to  be  prepared  suitable  notices  to  be  posted  under  its  direc- 
tion on  each  state  game  preserve  and  such  notice  shall  describe  the  lands  constituting 
the  same,  and  shall  contain  a  warning  to  all  persons  to  refrain  for  the  period  named 
therein  from  violations  of  the  provisions  of  this  act;  provided,  however,  that  no  pro- 
vision in  this  act  contained  shall  be  construed  as  prohibiting  or  preventing  any  person 
or  persons  from  hunting  or  taking  fish  and  wild  game  from  or  on  navigable  water; 
and  provided,  further,  that  the  word  "lands,"  as  used  in  this  section,  shall  not  be 
construed  to  include  any  land  which  is  covered  and  uncovered  by  the  ordinary  daily 
tide  of  the  Pacific  ocean.  [Amendment  of  June  16,  1913.  In  effect  August  10,  1913. 
Stats.  1913,  p.  992.] 

This  section  was  also  amended  March  10,   1909,   Stats.   1909,  p.  518. 

Control  of  state  game  preserves. 

$  2.  All  state  game  preserves  established  under  the  provisions  of  this  act  shall  for 
all  purposes  of  preservation  and  protection  of  wild  game  thereon,  be  under  the  control 
and  management  of  the  state  board  of  fish  commissioners,  and  the  said  board,  its 
officers  and  employees,  and  all  game  wardens,  may  at  all  times  enter  in  and  upon  such 
preserves,  in  the  performance  of  their  duties.  The  said  board  may  establish  such  regu- 
lations as  may,  in  its  judgment,  be  necessary  for  the  preservation  and  protection  of  the 
wild  game  on  such  preserves,  and  for  that  purpose  may  direct  and  authorize  game 
wardens  or  other  officers  to  execute  such  regulations.  All  expenses  incurred  in  carry- 
ing out  the  provisions  of  this  act  and  the  regulations  that  may  be  established  there- 
under, shall  be  a  charge  against  and  paid  out  of  the  ''game  preservation  fund"  estab- 
lished under  an  act  entitled  "An  act  to  regulate  and  license  the  hunting  of  game  birds 
and  animals  and  to  provide  revenue  therefrom,  for  game  preservation  and  restoration 
and  to  make  appi'opriations  for  the  purpose  of  carrying  out  the  objects  of  this  act." 

Penalty  for  hunting  or  destrosdng  game  within. 

$  3.  The  hunting,  pursuing,  shooting,  taking,  killing  or  destroying  of  any  wild  game 
within  the  exterior  boundaries  of  any  state  game  preserve  established  under  the  pro- 
visions of  this  act,  is  hereby  declared  a  misdemeanor,  and  all  fines  collected  in  any 
prosecution  therefor  shall  be  paid  into  said  "game  preservation  fund." 

^  4.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

PROTECTION  OF  FUR-BEARING  ANIMALS. 
ACT  1744 — An  act  to  provide  for  the  protection  of  fur-bearing  mammals,  defining  fur- 
bearing  mammals,  providing  for  a  license  for  hunting  or  trapping  such  fur-bearing 
mammals  and  requiring  reports  to  be  filed  with  the  fish  and  game  commission. 

History:     Approved  May  18,   1917.     In  effect  July  27,   1917.     Stats. 
1917,  p.  653.    Amended  May  13,  1919.    In  effect  July  27,  1917.     Stata. 
1919,  p.  388. 
Gen.  Laws — 56 


Act  1744,  §§  1-7  GBNERicL.   LAWS.  882 

Killing  fur-Tjearing  mammaL 

5  1.  Every  person  wlio,  between  the  last  day  of  February  and  the  fifteenth  day  of 
October  of  any  year,  traps,  hunts,  takes  or  kills  any  fur-bearing  mammal  is  guilty  of 
a  misdemeanor.  [Amendment  of  May  13,  1919.  In  effect  July  22,  1919.  Stats.  1919, 
p.  389.] 

Killing  otherwise  than  hy  trap  or  gun. 

5  2.  Every  person  who  at  any  time  takes,  hunts  or  kills  any  fur-bearing  mammal 
in  any  manner  other  than  by  trap  or  gun,  or  who  shall  at  any  time  take  or  kill  any 
skunk  by  digging  or  driving  them  from  dens  or  by  use  of  chemicals  is  guilty  of  a 
misdemeanor. 

The  title  of  the  amending  act  of  May  13,  1919  (Stats.  1919,  p.  388),  recites  that  this 
section  is  amended,  but  no  such  amendment  appears  in  the  body  of  the  act. 

Unlawful  to  use  poison. 

$  3.  It  shall  be  unlawful  for  any  person  to  use  poison  of  any  kind  in  the  taking  or 
killing  of  any  fur-bearing  mammal;  provided,  however,  that  the  fish  and  game  com- 
mission may  in  its  discretion  issue  to  any  person  a  permit  to  use  poison  in  the  taking 
or  killing  of  any  such  mammal  upon  an  application  therefor,  which  application  shall 
contain  detailed  information  concerning  the  kind  of  poison  desired  to  be  used  and 
when  and  where  it  is  desired  to  use  the  same;  provided,  further,  that  such  fur-bearing 
mammals  injuring  any  property  may  be  taken  or  killed  at  any  time  in  any  manner. 

Trapping  without  license. 

§  4.  Every  person  in  the  state  of  California  over  the  age  of  eighteen  who  traps  for 
profit  any  fur-bearing  mammals  without  first  procuring  a  license  therefor  as  provided 
by  this  act  is  guilty  of  a  misdemeanor.  [Amendment  of  May  13,  1919.  In  effect 
July  22,  1919.     Stats.  1919,  p.  389.] 

Licenses  to  trap  for  profit. 

§  5.  Licenses  granting  the  privilege  to  trap  for  profit  any  fur-bearing  mammals 
shall  be  issued  by  the  state  board  of  fish  and  game  commissioners,  who  shall  prepare 
suitable  licenses  of  convenient  size  and  form  and  have  printed  thereon  the  words 

*  *  Trapping  License  No ,  State  of  California.    Expires  June  30,  191 . . . , "  with 

registration  number  and  appropriate  year  printed  or  stamped  thereon,  which  said 
license  shall  be  prepared  by  the  state  board  of  fish  and  game  commissioners,  which 
board  shall  account  for  same  to  the  controller  of  the  state. 

Fees. 

^  6.  Licenses  herein  provided  for  shall  be  issued  as  follows:  (1)  To  any  citizen  of 
the  United  States  upon  payment  of  one  dollar;  (2)  to  any  person  not  a  citizen  of  the 
United  States  upon  payment  of  two  dollars;  provided,  however,  that  any  veteran  of 
the  civil  war  by  applying  to  the  state  board  of  fish  and  game  commissioners  may  obtain 
a  license  without  the  payment  of  any  fee.  [Amendment  of  May  13,  1919.  In  effect 
July  22,  1919.     Stats.  1919,  p.  389.] 

Name,  address,  etc.,  furnished. 

§  7.  Every  person  applying  for  and  procuring  a  license  as  herein  provided  shall 
furnish  to  the  state  board  of  fish  and  game  commissioners  his  name  and  resident 
address.  Such  applicant  shall  also  furnish  to  the  board  of  fish  and  game  commissioners 
a  written  description  of  himself  by  age,  height,  nationality,  color  of  eyes  and  hair  and 
shall  also  give  information  relative  to  the  sections  of  the  state  in  which  he  intends  to 
trap. 


I 


«83  GAMIL  LAWS.  Act  1744,  §§  8-l« 

Term. 

$  8.  All  licenses  issued  as  herein  provided  shall  be  valid  and  shall  authorize  the 
person  to  whom  issued  to  trap  fur-bearing  mammals  for  profit  on  and  from  the  first 
day  of  July  of  the  year  in  which  said  license  is  issued  until  the  date  of  expiration 
written  or  stamped  thereon,  but  no  license  shall  continue  in  force  for  a  longer  period 
than  one  year. 

Statement  of  mammals  taken. 

$  9.  Every  person  to  whom  a  license  is  issued,  under  the  provisions  of  this  act, 
must,  before  the  first  day  of  July  following  the  date  issued,  send  to  the  fish  and  game 
commission  a  sworn  statement  showing  the  number  of  each  kind  of  fur-bearing  mam- 
mals taken  together  with  the  name  and  address  of  the  firm  or  person  to  whom  they 
were  shipped  or  sold.  A  new  license  can  not  be  granted  unless  this  provision  is  com- 
plied with;  provided,  however,  that  the  provisions  of  this  section  shall  not  apply  to 
persons  eighteen  years  of  age  or  under. 

What  are  fur-bearing  mammals. 

§  10.  For  the  purpose  of  this  act,  the  following  shall  be  considered  fur-bearing 
mammals :  Black  and  brown  bear,  ring-tailed  cat,  coon,  pine  martin,  fisher,  wolverine, 
mink,  skunk,  river  otter,  grey,  cross,  silver  and  red  fox. 

Moneys  credited  to  game  preservation  fund. 

$  11.  All  moneys  collected  from  licenses  as  provided  herein  and  all  fines  collected 
for  violations  of  the  provisions  hereof  shall  be  paid  into  the  state  treasury  and  credited 
to  the  game  preservation  fund. 

No  more  than  one  license. 

$  12.  Not  more  than  one  license  shall  be  issued  to  any  one  person  for  the  same  fiscal 
year  except  upon  an  affidavit  by  the  applicant  that  the  one  issued  has  been  lost  or 
destroyed  and  no  license  issued  as  herein  provided  shall  be  transferable  or  used  by  any 
other  person  than  the  one  to  whom  it  was  issued. 

Disturbing  traps. 

$  13.  Every  person  who  shall  disturb  or  remove  the  traps  of  any  licensed  trapper 
while  trapping  on  the  public  domain  or  on  lands  where  he  has  permission  to  trap  is 
guilty  of  a  misdemeanor. 

Refusal  to  exhibit  license. 

§  14.  Every  person  having  a  license  as  provided  herein  who  refuses  to  exhibit  such 
license  or  any  furs  that  may  be  in  his  possession  or  control  upon  the  demand  of  any 
officer  authorized  to  enforce  the  game  and  fish  laws  of  this  state  or  any  peace  officer 
of  the  state  shall  be  guilty  of  a  misdemeanor,  and  every  person  lawfully  having  such 
license  who  transfers  or  disposes  of  same  to  another  person  to  be  used  as  a  trapping 
license  or  who  violates  anj^  of  the  laws  for  the  protection  of  game  shall  forfeit  the  same. 

Penalty. 

§  15.  Every  person  violating  any  of  the  provisions  of  this  act  shall,  upon  con- 
viction thereof,  be  punished  by  a  fine  of  not  less  than  ten  dollars  or  more  than  one 
hundred  dollars  or  by  imprisonment  in  the  county  jail  for  a  term  of  not  less  than  ten 
or  more  than  one  hundred  days,  or  by  both  such  fine  and  imprisonment. 

Propagation  in  confinement. 

§  16.  Nothing  in  this  act  shall  prohibit  the  propagation  of  fur-bearing  mammals 
in  confinement  in  accordance  with  anj^  rules  and  regulations  that  may  be  specified  by 
the  fish  and  game  commission.  [New  section  added  May  13,  1919.  In  effect  July  22, 
1919.     Stats.  1919,  p.  389.] 


Acts  1745,  1746  GENt:U AI-   LAAVS.  984. 

CONTAMINATED   SOURCES  OF  SHELLFISH. 

ACT  1745 — An  act  empowering  the  state  board  of  health  to  examine  sonrces  from] 

which  shellfish  are  taken;  making  it  unlawful  to  take  shellfish  from  contaminated 

sources  if  determined  by  said  board  to  be  a  menace  to  health;  making  violations  of 

this  act  misdemeanors  and  providing  for  the  punishment  of  same. 

History:     Approved  April  5,   1917.     In  effect  July  27,   1917.     Stats. 
1917,  p.  42. 

Taking  of  oysters,  etc.,  unlawful,  when. 

5  1.  It  shall  be  unlawful  to  take  oysters,  clams,  qnabaugs,  mussels  or  other  shellfish 
used  or  intended  to  be  used  for  human  consumptio*n  from  any  tidal  waters,  flats,  areas 
or  sources  from  which  the  taking  of  such  shellfish  shall  be  determined  to  be  a  menace 
to  health  as  hereinafter  provided. 

Examination  of  tidal  waters  by  state  board  of  health.    Posting  of  notices. 

§  2.  The  state  board  of  health  may  and  is  hereby  empowered  to  examine  any  tide 
waters,  flats,  areas  or  sources  from  which  oysters,  clams,  quahaugs,  mussels  or  other 
shellfish  may  be  taken,  and  to  determine  whether  such  waters,  flats,  areas  or  sources 
are  subject  to  sewage  contamination,  and  to  determine  whether  the  taking  of  such 
shellfish  from  such  waters,  flats,  areas  or  sources  does  or  may  constitute  a  menace  to 
the  lives  and  health  of  human  beings.  Upon  the  determination  by  said  state  board  of 
health  that  such  waters,  flats,  areas  or  sources  are  or  may  be  subject  to  sewage  con- 
tamination and  that  the  taking  of  shellfish  therefrom  does  or  may  constitute  a  menace 
to  the  lives  and  health  of  human  beings,  said  board  shall  ascertain  as  accurately  as  may 
be  the  bounds  of  such  contamination,  and  shall  cause  the  posting  of  notices  prohibiting 
the  taking  of  shellfish  from  such  sources  and  describing  the  bounds  of  the  tidal  flats, 
waters,  areas  or  sources  from  which  the  taking  of  shellfish  shall  be  unlawful.  The  fact 
of  the  posting  of  such  notices  shall  be  published  once  a  week  for  four  successive  weeks 
in  some  newspaper  of  general  circulation,  published  in  the  county  in  which  such 
waters,  flats,  areas  or  sources  are  situated,  if  there  be  one,  and  if  there  be  none,  then 
in  a  newspaper  published  in  an  adjoining  county. 

Enforcement. 

§  3.  It  shall  be  the  duty  of  the  state  board  of  health  to  enforce  the  provisions  of  this 
act  and  its  insi^ectors  and  employees  are  hereby  empoAvered  to  enter  upon  public  or 
private  property  upon  which  shellfish  may  be  located  at  all  times  for  the  purposes  of 
this  act. 

Penalty. 

^  4.  Any  person  violating  any  of  the  provisions  of  this  act  shall  be  guilty  of  a  mis- 
demeanor and  upon  conviction  shall  be  punished  by  a  fine  of  not  less  than  twenty-five 
dollars  nor  more  than  five  hundred  dollars  or  by  imprisonment  for  a  tei-m  of  not  more 
than  six  months,  or  by  both  such  fine  and  imprisonment,  but  such  penalties  shall  not 
be  incurred  until  the  fact  of  such  prohibition  shall  have  been  published  for  four  suc- 
cessive weeks,  as  above  provided.  Each  day's  violation  shall  constitute  a  separate  and 
distinct  offense. 

FREE  CAMPING  GROUND  IN  PLACER  COUNTY. 
ACT  1746 — An  act  to  authorize  the  state  board  of  fish  and  game  commissioners  to  pre- 
pare and  maintain  free  camping  grounds  on  land  in  Placer  county  belonging  to  the 
state  of  California  and  to  adopt  and  enforce  regulations  pertaining  thereto. 

History:     Approved   May   13,    1019.     In  effect  July  22,   1919.     Stats. 
1919,  p.  522. 


I 


SS5  GAS.  Act  1759 

Free  camping  grounds  in  Placer  county.    Rules  and  regulations.    Removal  of  hatchery. 

§  1.  The  state  board  of  fish  and  game  commissioners  is  hereby  authorized  and 
directed  to  prepare  as  a  free  camping  ground  for  the  people  of  the  state  of  California 
that  certain  property  situated  in  the  county  of  Placer,  state  of  California,  and  bounded 
and  described  as  follows,  to  wit : 

Lot  seven  of  Bittencourt  tract,  as  per  plat  of  said  tract  recorded  in  book  "A"  of 
field  notes  or  town  plats,  pages  eighty-four  and  eighty-five,  Placer  county  records. 

The  said  commission  is  directed  to  prepare  such  portion  of  said  land  for  camping 
puri^oses  for  the  summer  season  of  the  year  nineteen  hundred  nineteen,  as  shall  be  suit- 
able for  such  purposes,  and  as  shall  not  interfere  with  the  state  fish  hatchery  now  on 
said  land  or  the  pollution  of  waters  used  to  supply  said  hatchery. 

The  commission  is  hereby  authorized  to  establish  rules  and  regulations  for  the  gov- 
ernment of  such  camping  ground,  to  the  end  that  the  greatest  number  of  people  can 
avail  themselves  of  the  privileges  of  the  ground,  and  may  regulate  the  time  when  and 
for  which  any  person  may  have  the  use  of  any  portion  of  such  ground  for  camping 
[Hirposes.  All  expense  in  maintaining  said  camping  ground  shall  be  paid  from  the  state 
fish  and  game  preservation  fund,  and  for  the  purposes  of  enforcing  the  rules  and  regu- 
lations by  said  commission,  pursuant  to  this  act,  the  state  fish  and  game  commissioners, 
their  deputies  and  employees,  are  hereby  vested  with  the  power  and  authority  of  peace 
officers. 

As  soon  as  practicable,  the  fish  and  game  commission  shall  remove  the  hatchery  now 
on  the  above  described  land  to  another  site,  and  thereafter  such  additional  portion  of 
such  land  as  is  available  and  suitable  for  camping  purposes,  shall  be  placed  in  con- 
dition for  camping  purposes. 

GAMING. 
See  Kerr's  Cye.  Penal  Code,  $$330,  et  seq. 

CHAPTER  129. 

GAS. 

References:   Act  concerning  gas  companies,  continued  in  force,  see  Kerr's  Cyc.  Political 

Code,  §  19,  and  Kerr's  Cyc.  Penal  Code,  §  23. 
Authority  of  gas  company  to  lay  pipes,  see  Kerr's  Cyc.  Political  Code,  §§  4410,  et  seq. 
Franchise  tax  of  gas  corporations,  see  Kerr's  Cyc.  Political  Code,  §§  3664,  et  seq. 
Gas  pipes,  injury  to,  see  Kerr's  Cyc.  Penal  Code,  §  624. 
Gas  meter,  interfering  with,  see  Kerr's  Cyc.  Penal  Code,  §  498. 
Gas,  stealing,  see  Kerr's  Cyc.  Penal  Code,  §  498. 

Inspector  of  gas  meters,  appointment,  see  Kerr's  Cyc.  Political  Code,  §  368. 
Inspector  of  gas  meters,  duties,  etc.,  see  Kerr's  Cyc.  Political  Code,  §§  577,  et  seq. 
Natural  gas,  see  tit.  "Mines  and  Mining." 

CONTENTS  OF  CHAPTER. 

ACT  1759.  Concerning  Gas  Companies. 

1760.  Regulating  the  Use  of  Illuminating  Gas, 

1761.  Standard  of  Illuminating  Power  Act. 

1762.  Prohibiting  Wasting  of  Natural  Gas. 

GRANT  OF  FRANCHISES  BY  MUNICIPAL  CORPORATIONS. 

ACT  1759 — An  act  concerning  gas  companies. 

History:  Approved  April  4,  1870,  Stats.  1869-70,  p.  815.  Continued 
in  force,  see  Kerr's  Cyc.  Political  Code,  §  19,  and  Kerr's  Cyc.  Penal 
Code,  §  23.  Superseded  as  to  contracts  with  municipal  corporations  by 
the  act  of  1895,  Stats.  1895,  p.  191,  and  as  to  the  granting  of  franchises, 
as  well  as  the  power  of  contract,  it  was  probably  superseded  by  sec- 
tion 19,  article  XI,  constitution.     See  notes. 

This  act  was  apparently  treated  as  in  force  in  Dobbins  v.  Los  Angeles,  139  Cal.  179,  96 
Am.  St.   Rep.   95,  72  Pac,   970. 


Acts  1760,  176J,  §§  1, 2  GENERAL   LAAVS.  886 

REGULATING  USE  OF  ILLUMINATING  GAS. 
ACT  1760 — An  act  to  regulate  the  use  of  illuminating  gas. 

History:    Approved  March  20,  1903,  Stats.  1903,  p.  289. 

Gas  not  to  be  turned  off  at  meter. 

$  1.  Every  hotel-keeper,  lodging-house  keeper,  and  in-keeper,  or  keeper  of  any  place 
where  rooms  are  let  to  lodgers  in  which,  or  any  of  which  such  places  illuminating-gas 
is  used,  who  shall  turn  off,  or  cause  to  be  turned  off  at  the  meter  the  flow  of  such 
illuminating-gas,  during  the  time  of  the  use  of  any  such  room  or  rooms,  shall  be  guilty 
of  a  misdemeanor;  provided,  however,  that  this  act  shall  not  apply  to  any  of  the  persons 
herein  enumerated,  when  such  person  or  persons  shall  have  connected  every  exit  orifice 
upon  the  gas-fixtures  used  in  such  place  or  places  with  a  practical  and  safe  automatic 
gas-igniter. 

Act  takes  effect  when. 

$  2.     This  act  shall  take  effect  and  be  in  force  immediately  from  and  after  its  passage. 

STANDARD  OF  ILLUMINATING  POWER  ACT. 
ACT  1761 — An  act  to  regulate  the  quality  and  standard  illuminating  power  and  the 
price  of  gas  in  all  cities  within  the  state  of  California  having  a  population  of  one 
hundred  thousand  or  more. 

History:    Approved  March  4,  1878,  Stats.  1877-78,  p.  167. 

Quality  and  price  of  gas  to  be  fixed  by  whom. 

$  1.  That  in  all  cities  in  the  state  of  California  having  a  population  of  one  hundred 
thousand  or  more,  the  local  legislative  body  thereof,  whether  known  and  designated  as 
the  board  of  supervisors,  or  board  of  aldermen,  or  common  council,  or  board  of  trustees, 
or  otherwise,  are  hereby  authorized  and  required  to  fix  the  standard  quality  and  illumi- 
nating power  of  gas  to  be  furnished,  and  the  rate  and  price  for  each  one  thousand  cubic 
feet  to  be  charged  therefor  by  any  person,  company,  or  corporation  whose  pipes  or 
mains  are  or  shall  be  laid  down  in  the  streets  or  highways  of  such  city,  for  the  purpose 
of  supplying  gas  for  the  use  of  such  city,  or  for  the  inhabitants  thereof,  or  for  such  city 
and  its  inhabitants;  provided,  however,  that  said  board  or  local  authority  shall  not  fix 
or  establish  the  standard  quality  and  illuminating  power  of  gas  in  such  city  at  less  than 
sixteen  candle-power,  or  such  that  five  cubic  feet  of  gas  per  hour  so  furnished  shall  give 
light  at  least  equal  to  that  afforded  by  the  combustion  of  sixteen  standard  sperm 
candles  consuming  one  hundred  and  twenty  grains  of  sperm  each  per  hour,  the  burner 
to  be  used  in  making  such  test  to  be  that  best  adapted  to  the  economical  consumption 
of  gas;  and  provided,  further,  that  such  board  of  supervisors,  or  local  legislative 
authority,  by  whatever  name  it  may  be  known,  shall  not  fix  or  establish  the  rate  or  price 
of  gas  so  furnished  to  such  city  or  its  inhabitants  at  any  greater  price  or  rate  than 
three  dollars  per  thousand  cubic  feet. 

Mayor  to  appoint  an  inspector. 

^  2.  It  shall  be  the  duty  of  the  mayor  of  each  city  having  the  population  mentioned 
in  section  1  of  this  act,  and  such  mayor  is  hereby  required,  within  thirty  days  after 
the  passage  and  approval  of  this  act,  to  appoint,  subject  to  the  approval  of  the  board 
of  supervisors,  or  other  local  legislative  body  aforesaid,  a  person  of  competent  experi- 
ence and  knowledge  of  and  concerning  the  proper  qualities  and  illuminating  power  of 
gas,  and  who  shall  not  be  directly  or  indirectly  interested  in  or  connected  with  any 
person,  company,  or  corporation  engaged  in  the  manufacture  or  furnishing  of  illuminat- 
ing gas  in  such  city,  or  elsewhere,  either  to  such  city  or  its  inhabitants,  or  any  of  then-, 
either  as  a  stockholder  or  othemdse,  who  shall  be  known  and  designated  as  gas 
inspector  of  such  city,  who  shall  hold  his  said  office  for  the  term  of  two  years,  or  until 


8S7  GAS.  Acts  17G1,  §§  3-3 

Lis  successor  shall  be  appointed  and  qualified;  subject,  however,  to  removal  from  his 
said  oflBce  by  the  mayor,  with  the  concurrence  of  a  majority  of  the  board  of  super- 
visors, or  other  local  legislative  board  aforesaid,  for  any  one  of  the  following  causes, 
to  wit,  by  reason  of  any  interest  in  the  manufacture  or  furnishing  of  gas  in  such  city, 
whether  such  interest  existed  at  the  date  of  his  appointment  or  was  afterward  acquired, 
or  for  want  of  competent  knowledge,  skill,  or  experience  to  enable  him  properly  to 
discharge  the  duties  of  said  office,  or  for  any  neglect,  misconduct,  or  inefficiency  in  the 
discharge  of  the  duties  of  said  office,  to  the  prejudice  of  such  city,  or  its  inhabitants, 
or  any  of  them.  The  person  so  appointed  shall,  before  he  enters  upon  the  duties  of 
said  office,  and  within  ten  days  after  his  appointment  and  confirmation,  take  and 
subscribe  an  oath  or  affirmation  before  the  county  judge  of  the  county  in  which  such 
city  is  situated,  that  he  will  faithfully  and  impartially  perform  and  discharge  all 
the  duties  required  by  this  act  and  the  ordinances  or  resolutions  of  said  board  passed 
or  adopted  under  and  pursuant  to  the  provisions  thereof,  as  such  gas  inspector  of 
such  city,  and  shall  also,  within  the  same  time,  give  bond  to  the  city  in  and  for  which 
he  is  appointed,  in  the  sum  of  ten  thousand  dollars,  with  sureties  to  be  approved  by 
said  board,  conditioned  for  the  faithful  performance  of  the  duties  of  said  office,  which 
said  oath  and  bond  shall  be  filed  with  the  clerk  of  said  board.  Such  gas  inspector  shall 
be  entitled  to  a  salary  to  be  fixed  and  allowed  by  said  board,  which  shall  be  paid 
monthly  out  of  the  general  fund  of  such  city. 

Duty  of  inspector. 

^  3.  It  shall  be  the  duty  of  such  inspector,  immediately  upon  his  appointment  and 
qualification  as  such  officer,  as  aforesaid,  to  make  a  careful  examination  and  inquiry  by 
inspection,  letter,  or  otherwise,  as  to  the  quality  and  illuminating  power  of  the  gas 
furnished  and  used  in  the  principal  cities  of  the  United  States,  and  the  prices  charged 
therefor,  and  also  the  comparative  cost  of  the  manufacture  and  supply  of  gas  in  other 
cities  of  the  United  States,  with  the  cost  of  the  manufacture  and  supplj'^  of  the  same 
in  the  city  for  which  he  is  such  inspector,  and  report  fully  the  result  of  such  examina- 
tion and  information  to  said  board  within  six  months  after  his  appointment  and  qualifi- 
cation; and  upon  receiving  such  reports,  said  board  shall  proceed  to  fix  and  establish 
the  quality  and  standard  illuminating  power  of  gas  to  be  used  in  such  city,  and  the 
maximum  price  to  be  charged  therefor;  and  such  standard  and  price  may  be  changed  by 
said  board  from  time  to  time,  not  of tener  than  once  every  year,  as  increased  consump- 
tion or  other  circumstances  may  in  their  judgment  require. 

Same. 

$  4.  After  said  board  shall  have  fixed  and  established  the  quality  and  illuminating 
power,  and  the  price  of  gas,  as  hereinbefore,  it  shall  be  the  duty  of  such  inspector  to 
examine  and  inspect,  from  time  to  time,  at  least  once  every  week,  without  notice  to  the 
person,  company,  or  corporation  furnishing  the  same,  the  quality  and  illuminating  power 
of  the  gas  furnished  to  such  city  and  the  inhabitants  thereof,  and  in  case  the  same  shall 
fall  below  the  standard  fixed  by  said  board,  the  said  inspector  shall  forthwith  report  the 
same  to  said  board;  and  at  such  other  times  as  he  may  be  requested  thereto  by  the 
mayor  or  any  committee  of  said  board,  he  shall  report  to  said  board  upon  any  and  all 
matters  connected  with  the  manufacture,  supply,  and  consumption  of  gas  coming  within 
the  scope  of  his  official  duties,  and  specially  upon  any  subject  or  subjects,  matters  or 
things,  connected  therewith  and  specified  in  such  request. 

Certain  acts  declared  unlawful. 

§  5.  After  said  board  shall  have  fixed  and  established  the  quality  an3  Standard 
illuminating  power  of  the  gas,  and  the  price  per  thousand  cubic  feet,  as  in  this  act 
provided  to  be  charged  therefor,  it  shall  be  unlawful  for  any  person,  company,  or 


Act  1762,  gl  GENERAL   1.AWS.  888 

corporation  to  furnish  to  such  city,  or  any  inhabitant  thereof,  or  other  person  therein, 
for  illuminating  purposes,  gas  of  a  lower  standard  or  quality,  or  to  charge  or  receive 
therefor  a  higher  price  than  is  provided  by  said  board,  under  the  authority  and  subject 
to  the  limitations  of  this  aot;  and  for  every  violation  of  the  provisions  of  this  act,  or 
the  provisions  of  any  order,  resolution,  or  ordinance  of  said  board  made  in  pursuance 
thereof,  every  such  person,  company,  or  corporation  shall  incur  a  penalty  of  not  less 
than  one  hundred  nor  more  than  one  thousand  dollars,  to  be  recovered  in  a  civil  action 
in  the  name  and  for  the  use  of  such  city,  in  any  court  of  competent  jurisdiction;  and 
each  day  upon  which  such  person,  company,  or  corporation  shall,  without  reasonable 
cause  of  excuse  therefor,  furnish  gas  of  a  lower  quality  or  standard  illuminating  power 
than  that  fixed  by  said  board,  shall  constitute  and  be  considered  and  held  one  viola- 
tion thereof,  and  each  month  or  shorter  period  for  which  said  person,  company,  or 
corporation  shall  take  an  accpunt  of  gas  consumed,  and  for  which  they  shall  charge  or 
receive  a  price  greater  than  that  fixed  by  said  board,  shall  be  held  and  regarded  as  one 
offense,  and  any  number  of  such  offenses  of  either  class,  or  both,  may  be  joined  in 
the  same  action,  and  the  several  penalties  for  the  several  violations  proved  or  con- 
fessed in  said  action  may  be  united  and  recovered  in  the  same  judgment;  and  such 
person,  company,  or  corporation  shall  also  be  liable  to  such  city  and  to  any  and  each 
person  or  corporation  who  shall  be  injured  by  any  such  violation,  in  double  the  amount 
of  damages  actually  sustained. 

Actions  tried,  by  whom. 

§  6.  All  actions  for  penalties  under  the  provisions  of  this  act  shall  be  tried  by  the 
court,  unless  a  jury  be  demanded  by  either  party;  and  when  such  action  shall  be  tried 
by  a  jury,  the  jury  shall  find,  as  to  each  violation  charged  in  the  complaint,  that  "the 
defendant  is  guilty,"  or  "the  defendant  is  not  guilty";  and  upon  each  charge  in 
respect  to  which  the  jury  has  found  the  defendant  guilty,  the  court  shall  fix  the  penalty, 
and  render  judgment  for  the  aggregate  amount  of  such  penalties,  together  with  costs 
of  suit. 

§  7.  All  penalties  recovered  under  this  act  shall  be  paid  into  the  general  fund  of 
such  city. 

§  8.  This  act  shall  apply  to  the  city  and  county  of  San  Francisco,  as  well  as  to 
cities  whose  municipal  government  is  distinct  from  the  county  in  which  they  are 
located. 

§  9.     This  act  shall  take  effect  immediately. 

1.  Power  of  supervisors — Price  of  gas. —  San    Francisco    Gas    Light    Co.    V.    Dunn,    62 

Under    this    act    the    board    of    supervisors  Cal.  580. 

had  no  power  to  allow  more  than  three  dol-  3.     Salary    of    gas    inspector    to    be    paid 

lars    per   thousand    cubic    feet    for    gas    fur-  montlily. — The  salary  of  gas  inspector  is  to 

nished  the  city  and  county  of  San  Francisco.  be   paid   monthly,   as   the   act  provides,   and 

■ — San  Francisco  Gas  Light  Co.  v.  Dunn,   62  unless    it    is    paid    or    a    demand    presented 

Cal.   580.  within    the    time    provided    by    the    consoll- 

2.  Demand  for  payment  of  gas  furnished.  dation  act,  it  is  barred. — Ames  v.  San  Fran- 
--The   act   furnishes  no  authority   for  a  de-  cisco,   76  Cal.  325,   18   Pac.   397. 

mand  upon   the  city  and  county  treasury. — 

PROHIBITING  WASTING  OF  NATURAL  GAS. 
ACT  1762 — An  act  prohibiting  the  unnecessary  wasting  of  natural  gas  into  the  atmos- 
phere; providing  for  the  capping  or  otherwise  closing  of  wells  from  which  natural 
gas  flows;  and  providing  penalties  for  violating  the  provisions  of  this  act. 
History:    Approved  March  25,  1911,  Stats.  1911,  p.  499. 

Waste  of  gas  prohibited. 

§  1.  All  persons,  firms,  corporations  and  associations  are  hereby  prohibited  from 
willfully  permitting  any  natural  gas  wastefully  to  escape  into  the  atmosphere. 


8a»  GKTTVSBLUG.  .  Act  1774,  §§  1, 2 

Wells  to  he  capped. 

$  2.  All  persons,  firms,  corporations  or  associations  digging,  drilling,  excavating, 
constructing  or  owning  or  controlling  any  well  from  which  natural  gas  flows  shall  upon 
the  abandonment  of  such  well,  cap  or  otherwise  close  the  mouth  of  or  entrance  to  the 
same  in  such  a  manner  as  to  prevent  the  unnecessary  or  wasteful  escape  into  the  atmos- 
phere of  such  natural  gas.  And  no  person,  firm,  corporation  or  association  owning  or 
controlling  land  in  which  such  well  or  wells  are  situated  shall  willfully  permit  natural 
gas  flowing  from  such  well  or  wells,  wastefully  or  unnecessarily  to  escape  into  the 
atmosphere. 

Penalty. 

$  3.  Any  person,  firm,  corporation  or  association  who  shall  willfully  violate  any  of 
the  provisions  of  this  act  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  punished  by  a  fine  of  not  more  than  one  thousand  dollars  or  by  impris- 
onment in  the  county  jail  for  not  more  than  one  year,  or  by  both  such  fine  and 
imprisonment. 

Each  day  a  violation. 

$  4.  For  the  purposes  of  this  act  each  day  during  which  natural  gas  shall  be  willfully 
allowed  wastefully  or  unnecessarily  to  escape  into  the  atmosphere  shall  be  deemed  a 
separate  and  distinct  violation  of  this  act. 

$  5.     All  acts  or  parts  of  acts  in  conflict  herewith  are  hereby  repealed. 
$  6.     This  act  shall  take  effect  immediately. 

CHAPTER  130. 
GETTYSBURG. 

CONTENTS  OF  CHAPTER. 
ACT  1774.     Celebration  of  Fiftieth  Anniveesary  of  the  Battlb. 

CELEBRATION  OF  FIFTIETH  ANNIVERSARY. 
ACT  1774 — An  act  to  provide  for  the  celebration  of  the  fiftieth  anniversary  of  the 
battle  of  Gettysburg;  appointing  a  commission  in  connection  therewith;  and  making 
an  appropriation  therefor. 

History:     Approved   May   31,   1913.     In   effect   immediately.     Stats. 
1913,  p.  278. 

Gettysburg  anniversary  commission. 

$  1.  The  governor  of  the  state  of  California  is  hereby  empowered  to  appoint  a  com- 
mission consisting  of  three  citizens  of  this  state,  which  commission  shall  co-operate  with 
the  department  commander  of  the  department  of  California  and  Nevada,  Grand  Army 
of  the  Republic,  for  the  purpose  of  aiding  in  the  planning  and  conducting  of  a  public 
celebration  of  the  fiftieth  anniversary  of  the  battle  of  Gettysburg  in  the  state  of 
Pennsylvania  on  and  during  the  first  four  days  of  July,  1913. 

Transportation  of  veterans. 

^  2.  Said  commission  shall  represent  this  state  at  the  said  anniversary  and  is  hereby 
authorized  to  obtain,  so  far  as  possible,  the  names  and  addresses  of  all  the  veterans 
now  residing  in  the  state  of  California  who  took  part  in  the  battle  of  Gettysburg,  and 
to  make  preliminary  arrangements  for  the  transportation  of  such  veterans  to  the  battle- 
field of  Gettysburg  so  that  said  veterans  may  attend  the  memorial  exercises  and 
anniversary  to  be  held  at  said  battlefield  of  Gettysburg,  during  the  first  four  days  of 
Julv,  1013. 


Act  1781,  §  1  .  GE:NE:RAL.   laws.  8i>0 

Veterans  eligible. 

$  3.  Only  such  veterans  of  the  civil  war  who  actually  took  part  in  the  battle  of 
Gettysburg,  and  who  are  recommended  by  the  said  commission,  whether  such  veterans 
fought  with  the  Confederate  or  the  Union  or  northern  armies,  shall  be  eligible  under 
this  act  to  receive  free  transportation  to  and  from  the  battlefield  of  Gettysburg. 

Appropriation.    Report. 

§  4.  The  sum  of  fifteen  thousand  dollars  ($15,000)  or  so  much  thereof  as  may  be 
necessary  is  hereby  appropriated  out  of  any  money  in  the  treasury  not  otherwise  appro- 
priated to  be  used  by  said  commission  appointed  pursuant  to  this  act,  to  carry  out  the 
provisions  of  this  act.  Said  sum  of.  money  is  to  be  disbursed  under  the  direction  and 
with  the  approval  of  said  commission.  Said  commission  shall  keep  an  accurate  record 
of  all  its  proceedings  and  transactions,  and  shall  file  with  the  governor  of  this  state  a 
full,  true  and  complete  report  thereof.  Said  commission  shall  have  full  power  to  provide 
any  system  or  systems  for  the  carrying  into  effect  of  this  act. 

Issuance  of  warrants. 

§  5.  The  controller  of  the  state  is  hereby  authorized  and  directed  to  draw  his  war- 
rant or  warrants  in  favor  of  the  commission  created  pursuant  to  this  act  upon  itemized 
requisition  of  said  commission  up  to  the  amount  of  money  appropriated  by  this  act  and 
the  state  treasurer  is  hereby  ordered  and  directed  to  pay  such  warrant  or  warrants  out 
of  said  appropriation. 

Current  expenses. 

§  6.  This  bill,  inasmuch  as  it  provides  for  the  usual  current  expenses  of  the  state, 
shall,  under  the  provisions  of  section  1  of  article  IV  of  the  constitution  of  the  state  of 
California,  take  effect  immediately. 

1.     Act    inoperative. — This    act    was    ren-  its    passage,    which    would    be   too   late    for 

dered  inoperative   by   a  decision   of  the   dis-  the  participation  of  the  beneficiaries  of  the 

trict    court    of    appeals    declaring    that    the  act   in    the  celebration. — McClure  v.   Nye,   22 

appropriation    was    not    a    current    expense,  Cal.    App.    248,    133    Pac.    1045;    Commission, 

and    therefore    could    not    become    effective  etc.,   v.  Nye,   22  Cal.   248,   133   Pac.   1045. 
until    the    expiration    of    ninety    days    after 

CHAPTER  131. 

GIFTS. 

References:   Gifts  to  counties,  see  Kerr's  Cyc.  Political  Code,  §§  4052a,  4122. 
Gifts  to  counties,  see  Kerr's  Cyc.  Civil  Code,  §  1275. 
Gifts  to  state,  disposition  of,  see  Kerr's  Cyc.  Political  Code,  §  453a. 
San  Pasquai  battlefield  site,  see  tit.  "San  Pasqual  Battlefield." 

CONTENTS  OF  CHAPTER. 
ACT  1781.    Gifts  to  Counties  for  Pioneer  Monuments. 

GIFTS  TO  COUNTIES  FOR  PIONEER  MONUMENTS. 
ACT  1781 — An  act  authorizing  board  of  supervisors  of  any  county,  or  city  and  county, 
or  the  trustees  or  other  governing  body  of  any  municipality  in  the  state  of  CaUfomia 
to  receive  devises,  bequests,  donations  and  gifts,  also  to  levy  taxes,  for  the  purpose 
of  erecting  monuments  in  memory  of  California  pioneers. 

History:    Approved  June  3,  1913.    In  effect  August  10,  1913.    Stat*, 
1913,  p.  377. 

Gifts  for  pioneer  monuments. 

§  1.     The  board  of  supervisors  of  any  county,  or  city  and  county,  or  the  trustees  or] 
other  governing  body  of  any  municipality,  in  the  state,  may  receive  devises,  bequest 


S91  GIFTS.  4.ct  irSl,  §§  2-7 

donations  and  gifts,  for  the  purpose  of  erecting  within  such  county,  or  city  and  county, 
or  city,  a  monument  in  memory  of  California  pioneers. 

Erection  of  monuments. 

§  2.  When,  in  the  opinion  of  such  board  of  supervisors  or  of  such  trustees  or  other 
governing  body  of  a  municipality,  the  devises,  bequests,  donations  and  gifts  received  are 
suflSeient  therefor,  they  may  erect  such  monument. 

Question  of  tax  levy  for  monuments. 

$  3.  Such  board  of  supervisors,  or  trustees,  or  other  governing  body  of  a  municipal- 
ity, may  submit  to  the  qualified  electors  of  the  county,  or  city  and  county,  or  of  the  city, 
as  the  ease  may  be,  whether  taxes  for  the  erection  of  a  monument  to  the  California 
pioneers  shall  be  levied  on  the  taxable  property  of  the  county,  or  city  and  county,  or 
city,  as  the  case  may  be.  The  question  of  levying  such  tax  for  such  purpose  shall  be 
submitted  to  the  qualified  electors  of  the  county,  or  city  and  county,  or  municipality,  as 
the  case  may  be,  at  a  general  or  other  election  that  may  be  held  in  such  county,  or  city 
and  county,  or  municipality.  Twenty  days'  notice  thereof  shall  be  previously  given  by 
posting  in  at  least  three  public  places  in  such  county,  city  and  county,  or  municipality. 
Such  notices  shall  state  specifically  the  amount  to  be  raised  and  the  purpose.  If  a 
majority  of  all  the  votes  cast  at  such  election  are  in  favor  of  the  proposal,  the  tax  herein 
provided  for  shall  be  considered  authorized. 

Ballots. 

§  4.  The  electors  voting  at  such  election  shall  have  placed  on  their  ballots  the  words 
"Tax  for  pioneer  monument — Yes"  or  "Tax  for  pioneer  monument — No." 

Levy  of  tax  in  county. 

§  5.  When  such  tax  has  been  voted  in  a  county,  or  city  and  county,  the  board  of 
supervisors  in  the  next  annual  levy  of  taxes,  shall  levy  a  tax  on  the  property  in  such 
county,  or  city  and  county,  sufficient  to  produce  the  amount  voted  for  for  the  purpose, 
and  the  same  shall  be  assessed  and  collected  in  the  same  manner  as  other  taxes  are 
levied  and  collected. 

Levy  of  tax  in  city. 

^  6.  When  such  tax  has  been  voted  in  a  city,  the  trustee  [s]  or  other  governing  body 
thereof  in  the  next  annual  levy  of  taxes,  shall  levy  a  tax  on  the  property  in  such  city, 
sufficient  to  produce  the  amount  voted  for  for  the  purpose,  and  the  same  shall  be 
assessed  and  collected  in  the  same  manner  as  other  taxes  are  levied  and  collected. 

Duty  of  supervisors  and  trustees. 

§  7.  The  board  of  supervisors  in  case  of  monuments  for  a  county  and  the  trustees  or 
other  governing  body  of  a  city,  in  case  of- monuments  for  a  city,  shall  when  the  taxes 
so  raised  and  collected  are  available,  proceed  to  carry  out  the  purpose  for  which  the 
money  was  voted  by  the  county,  or  city  and  county,  or  city. 

CHAPTER  132. 

GILROY. 

References:    Boundary,  see  Kerr's  Cyc.  Political  Code,  §  3919. 
Classification,  see  Kerr's  Cyc.  Political  Code,  §§  4005c,  4006. 
County  government,  see  Kerr's  Cyc.  Political  Code,  §§  4000,  et  seq. 
See,  generally,  tit.  "County  Boundaries." 

CONTENTS  OF  CHAPTER. 

ACT    1783.      IXCORPORATING    GlLROY. 


Acts  1783.  1786 


GISNBRAI.   LAWS. 


892 


ACT  OF  INCORPORATION. 
ACT  1783 — An  act  to  incorporate  the  city  of  Gilroy. 

History:    Approved  March  12.  1870,  Stats.  1869-70,  p.  263.     Amended 
March  13,  1872,  Stats.  1871-72,  p.  356;  April  1,  1876,  Stats.  1875-76,  p.  724, 

GLENDALE. 

See  Act  3004,  note. 

GLENDORA. 

See  Act  3094,  note. 


CHAPTER  133. 
GLENN  COUNTY. 

ORGANIZATION  ACT. 

ACT  1786 An  act  to  create  the  county  of  Glenn,  estahlish  the  houndaries  thereof,  and 

provide  for  its  organization. 

History:  Approved  March  11,  1891,  Stats,  1891,  p,  98.  Boundary 
amended  by  a  supplementary  act  approved  March  11,  1893,  Stats.  1893, 
p.  158. 


1.  Constitutionality — Special     legislation. 

— An  act  creating  a  new  county  is  not  spe- 
cial legislation,  and  the  legislature  is  not 
limited  as  to  the  means  which  it  may  adopt 
in  its  preliminary  organization. — People  v. 
County  of  Glenn,  100  Cal.  419,  38  Am.  St. 
Rep.  305,  35  Pac.   302. 

2.  Same — Manner  of  holding  election. — 
Under  the  provisions  of  subdivision  11,  sec- 
tion 25,  article  IV  of  the  constitution,  there 
may  be  a  special  law  for  holding  and  con- 
ducting an  election  "on  the  organization  of 
new  counties,"  and  there  was  no  objection 
to  the  manner  in  which  the  election,  at 
which  the  voters  of  the  proposed  new 
county  of  Glenn  expressed  their  will,  was 
held. — People  v.  County  of  Glenn,  100  Cal. 
419,   38  Am.  St.  Rep.   305,   35   Pac.   302. 

3.  Same — Creation  of  supervisorial  dis- 
tricts.— It  is  not  fatal  to  the  Glenn  county 
bill  that  it  does  not  itself  provide  for  the 
division  of  the  proposed  county  into  super- 
visorial districts,  but  allows  five  supervi- 
sors to  be  elected  at  large,  who  have  the 
power  under  the  general  law  to  divide  the 
county  into  districts. — People  v.  County  of 
Glenn,  100  Cal.  419,  38  Am.  "St.  Rep.  305,  35 
Pac.   302. 

4.  Legislative  intent  as  to  class  of  new 
county. — ^The  legislature  did  not  intend, 
when  it  declared  in  the  organization  act 
that  Glenn  county  should  be  a  county  of  the 
thirty-seventh  class,  that  it  should  remain  a 
county  of  that  class,  regardless  of  future 
changes  in  the  law  whereby  counties  hav- 
ing   populations   greatly    larger   or    greatly 


smaller  than  when  Glenn  county  was  placed 
therein,  and  the  effect  of  the  act  was  to  fix 
the  population  of  the  county,  which,  in  the 
absence  of  subsequent  legislation,  would,  by 
operation  of  law,  become  a  county  of  the 
thirty-seventh  class. — Sanders  v.  Sehorn,  98 
Cal.    227,   33   Pac.    58. 

5.  Division  of  unpaid  taxes. — Taxes  on 
railroad  property  within  the  county  of  Co- 
lusa were  due  and  unpaid  to  that  county  at 
the  time  of  its  division  and  the  creation  of 
the  county  of  Glenn,  and  a  portion  thereof 
paid  to  the  latter  county  after  such  division, 
are  held  to  have  been  assets  of  Colusa 
county,  and  no  provision  having  been  made 
at  the  time  of  such  division  for  a  division 
of  the  assets  of  the  old  county,  the  new 
county  had  no  right  to  retain  the  portion 
of  such  taxes  so  paid  to  it,  and  is  liable 
therefor  as  for  money  had  and  received 
upon  an  implied  promise  to  pay  the  same 
to  Colusa  county. — Colusa  County  v.  Glenn 
County,   117   Cal.  434,   49   Pac.   457. 

6.  Obiter  dicta — Term  of  superior  judge. 
— Tlie  provision  of  the  act  wliich  fixed  the 
term  of  superior  judge,  elected  at  the  or- 
ganization election,  at  six  years,  and  pro- 
vided for  the  election  of  a  successor  whose 
term  should  begin  January  1,  1897,  trans- 
gressed both  the  letter  and  spirit  of  the 
constitution,  which  require  an  election  for 
superior  judge  at  the  first  general  election 
following  the  creation  of  the  county,  for 
the  remainder  of  the  constitutional  term 
ending  January  1,  1897. — People  v.  Mark- 
ham,   104  Cal.   232,   37  Pac.  918. 


CHAPTER  134. 

GOATS. 
References:   See,  generally,  tits.  "Animals";  "Livestock";  "Sheep." 
Buck  goats  running  at  large,  see  Kerr's  Cyc.  Penal  Code,  §  597g. 
Goats  in  particular  counties,  see  particular  title. 

CONTENTS  OF  CHAPTER. 
ACT  1788.  Protection  of  Goats  Fkom  Dogs. 


883  GOVERXOR  Acts  17S8-1805 

ACT  1788 — An  act  to  protect  sheep  and  cashmere  and  angora  goats  against  the  ravages 

of  dogs. 

History:    Approved  March  13,  1866,  Stats.  1865-66,  p.  225. 
Code  commissioners'  note:    "Superseded  in   part  by   Civil  Code,   ij  3341,  and  probably   not 
in  force  in  any  particular." 

CHAPTER  135. 
GOLDEN  CITY  HOMESTEAD  ASSOCIATION. 

CONTENTS  OF  CHAPTER. 
ACT  1794.    Conveyance  of  Lands  to  the  Association. 

CONVEYANCE  OF  LANDS  TO  THE  ASSOCIATION. 
ACT  1794 — ^An  act  to  authorize  sale  and  conveyance  of  lands  in  San  Francisco  to 
Golden  City  Homestead  Association. 

History:    Approved  April  4,  1864,  Stats.  1863-64,  p.  463. 

This   act   permitted  the   commissioners   of  As  to  the  meaning  of  "tide  lands,"  "swamp 

swamp  and  overflowed  lands  to  sell  certain       and    overflowed    lands,"    and    "salt    marsh" 
lands  to   this  homestead  association.  lands. — People  v.  Davidson,  30  Cal.  379. 

CHAPTER  136. 

GOOD  TEMPLARS. 
References:  Religious,  social  and  benevolent  corporations,  see  Kerr's  Cyc.  Civil  Code, 


593,  et  seq. 


CONTENTS  OF  CHAPTER. 
ACT  1799.     Grant  of  Corporate  Powers. 


GRANT  OF  CORPORATE  POWERS. 
AGT  1799 — An  act  concerning  Independent  Order  of  Good  Templars. 
History:    Approved  March  26,  1863,  Stats.  1863,  p.  101. 
Thiji  act  save  antkority  to  acquire  property  necessary  to  carry  out  its  charitable  purpose. 

CHAPTER  137. 

GOVERNOR. 
References:     Appointments   by,   compensation    of,   duties,   powers,   etc.,   generally,   see 
Kerr's  Cyc.  Political  Code,  subject  "Governor." 
Duties  and  powers  as  to  particular  subjects,  see  Kerr's  Cyc.  Political  Code,  particu- 
lar subject,  and  see  particular  title. 

CONTENTS  OF  CHAPTER. 

ACT  1805.     Residt^nce  of  Governor. 

1808.    Employment  of  Counsel  to  Prosecute  Claims  Against  the  United  States. 

RESIDENCE  OF  GOVERNOR. 
ACT  1805 — An  act  providing  for  the  maintenance  of  a  residence  for  the  governor  of  the 
state  of  California,  and  providing  the  salaries  of  the  necessary  employees  and  serv- 
ants selected  and  employed  by  the  governor  therein,  and  for  the  appropriation  of 
necessary  moneys  for  such  purpose,  and  directing  the  state  controller  to  issue  war- 
rants upon  the  general  fund,  and  directing  the  state  treasurer  to  pay  said  warrants. 

History:    Approved  March  11,  1907,  Stats.  1907,  p.  214.    Prior  acts: 
See  editor's  note. 
Editor's    note:     Out    of    the    state    capltol        state  capitol  commissioners  were  authorized 
special   fund,   created  by  the  act  of  April  4,        to  expend  fifty  thousand  dollars  for  the  pur- 
1870    (Stats.    1869-70,    p.    724),    the    board    of       chase  of  suitable  grounds  and   the   erection 


>^(a  1R08-1SI0  GBNKIt  M.    I.WVS.  604 

of  a  mansion  or  resldenre  for  the  governor,  in03.  p.  415).  authorlzlnj?  the  expenditure 
and  for  the  necessary  Inclosures,  streets,  of  tlie  bnlnnro  of  tlie  $50,000  unexpended,  in 
sidewalks  and  outbulldlngrs  on  and  around  cither  buyiii^;  a  site  and  buildiiigr  a  resl- 
the  same.  The  lepislature.  by  the  act  of  den<'e.  or  buying:  one  already  built,  and  re- 
March  30,  1874,  Stats.  1873-74,  p.  903,  turned  pairlnR  and  remodeling  It.  Ten  thousand 
the  Kovcrnor's  mansion  into  a  state  print-  dollars  was  expressly  fixed  as  the  amount 
Ing  ofTlce  and  state  armory;  but  this  act  to  be  expended  for  furnishing  said  building. 
was  repealed  by  the  act  of  1876  (Stats,  and  By  the  act  of  March  20,  1899  (Stats.  1899. 
.Amendments  1875-76,  p.  22).  By  the  act  of  p.  150),  the  amount  for  maintenance  and 
March  7,  1899  (Stats.  1899,  p.  73),  the  sum  servants  was  fixed  at  12500  per  annum.  By 
of  $50,000  was  appropriated  "for  the  erec-  the  present  act  this  sum  was  increased  to 
tlon  and  furnishing  of  said  residence."  This  $3500  per  annum. 
act    was    amended    March    23,    1903     (Stats. 

EMPLOYMENT  OF  COUNSEL. 
ACT  1808 — An  act  to  authorize,  empower,  and  direct  the  governor  of  the  state  of  Cali- 
fornia to  employ  counsel,  agents,  and  attorneys  for  the  purpose  of  prosecuting,  col- 
lecting and  recovering  the  claims  of  the  state  of  California  against  the  United  States 
of  America,  to  prescribe  the  terms  and  conditions  of  the  employment,  the  rate  of 
compensation  therefor,  and  the  manner  of  payment  thereof. 

History:    Approved  March  23,  1907,  Stats.  1907,  p.  938. 

Thin  Bci  authorized  the  uoTernor  to  em-  Ington,  D.  C,  for  the  purpose  indicated  and 
ploy  the  firm  of  Ralston  &  Siddons  of  Wash-       fixed   the  compensation  of  the  firm. 

CHAPTER  138. 

GRAND  ARMY  OF  THE  REPUBLIC. 
References:  See,  generally,  tit.  "Woman's  Relief  Corps." 

CONTENTS  OF  CHAPTER. 
ACT  1815.     Wearing  Badge  of  G.  A.  R.  Withoxjt  Right. 

1816.  Permanent  Headquarters  in  Capitou 

1817.  National  Encampment  of  1912. 

1818.  G.  A.  R.  Memorial  Monument. 

WEARING  BADGE  OF  G.  A.  R.,  WITHOUT  RIGHT. 

ACT  1815 — An  act  to  prevent  persons  from  unlawfully  wearing  badge  of  Grand  Army 

of  the  Republic. 

History:     Approved   March   10,   1887,    Stats.   1887,   p.   82.     Amended 
March  1,  1907,  Stats.  1907,  p.  81. 

Army  badges,  penalty  for  unlawfully  wearing. 

^  1.  Any  person  who  shall  willfully  wear  or  use  the  badge  or  button  of  the  Grand 
j^rmy  of  the  Republic,  or  of  the  United  Sjianish  War  Veterans,  to  obtain  aid  or  assist- 
ance thereby  within  this  state,  unless  he  slt»iil  be  entitled  to  wear  or  use  the  same  under 
the  rules  and  rep^ulations  of  the  department  of  California,  Grand  Army  of  the  Republic, 
or  United  Spanish  War  "Veterans,  respectively,  shall  be  guilty  of  a  misdemeanor,  and, 
upon  conviction,  shall  be  punished  by  imprisonment  for  a  term  not  to  exceed  thirty  days 
in  the  county  jail,  or  a  fine  not  to  exceed  twenty  dollars,  or  by  both  such  fine  and 
imprisonment.     [Amendment  approved  March  1,  1907.    Stats.  1907,  p.  81.] 

§  2.     [No  section  of  this  number.! 

Act  takes  effect  when. 

^  3.     This  act  shall  take  effect  and  be  in  force  from  and  after  the  date  of  its  passage. 

PERMANENT  HEADQUARTERS  IN  CAPITOL. 
A.CT  1816 — An  act  to  provide  permanent  headquarters  in  the  capitol  building  for  the 
Grand  Army  of  the  Republic,  to  designate  the  purposes  for  which  the  same  shaU 
>s  used. 


History:     Approved  March   25,  Itlll,  Stals.   1911,  p.  488. 


J 


895  GRAND    ARMY    OF    THE    REPUBLIC  Acts  1817, 1818,  §  1-3 

Quarters  for  G.  A.  R. 

§  1.  There^hall  be  set  apart  a  suitable  furnished  room  at  the  capitol  in  Sacramento, 
to  be  known  as  headquarters'  room  of  the  Grand  Army  of  the  Republic.  Said  room 
shall  be  under  the  charge  of  the  commander  of  the  Grand  Army  of  the  Republic  for  the 
department  of  California,  to  be  used  as  headquarters,  and  for  the  care  and  storage  of 
books  and  papers  relating  to  the  Grand  Army  of  the  Republic. 

$  2.    This  act  shall  take  effect  from  and  after  its  passage. 

NATIONAL  ENCAMPMENT  OF  1912. 

ACT  1817 — An  act  to  appropriate  money  for  the  purpose  of  assisting  to  defray  the 
expenses  of  a  public  nature  incident  to  the  holding  of  a  national  encampment  of 
the  Grand  Army  of  the  Republic  in  this  state,  to  be  held  in  nineteen  hundred  twelve. 

History:    Approved  May  1,  1911,  Stats.  1911,  p.  1360. 
The  sum  of  $25,000  was  appropriated  for  the  purpose  indicated. 

G.  A.  R.  MEMORIAL  MONUMENT. 

ACT  1818 — An  act  to  provide  for  the  erection  of  a  memorial  monument  to  deceased 

members  of  the  G.  A.  R.;   appointing  a  commission  therefor;   and  providing  an 

appropriation  to  carry  this  act  into  effect. 

History:    Approved  June  12,  1915.    In  effect  August  11,  1915.    Stats. 
1915,  p.  1490. 

Committee  on  G.  A.  R.  monument  at  Long  Beach. 

$  1.  The  governor  of  this  state  is  hereby  empowered  to  appoint  a  committee  of  three 
citizens  of  the  state  of  California  to  act  with  a  like  committee,  namely :  G.  W.  Wilcox, 
L.  W.  Archer  and  H.  C.  Russell  representing  the  Long  Beach  G.  A.  R.  Post  No.  181, 
who  shall  choose  a  site  and  erect  a  memorial  monument  in  the  city  of  Long  Beach  to 
deceased  members  of  the  G.  A.  R. 

Appropriation. 

§  2.  There  is  hereby  appropriated,  out  of  any  money  in  the  state  treasury  not  other- 
wise appropriated,  the  sum  of  one  thousand  dollars  to  be  expended  in  accordance  with 
law  for  the  purpose  of  this  act. 

When  available. 

$  3.  None  of  the  moneys  herein  appropriated  shall  be  available  until  there  shall  have 
been  erected  upon  the  site  selected,  a  suitable  base  for  said  monument  and  an  additional 
sum  of  one  thousand  dollars  ($1,000.00),  or  more  deposited  in  the  National  Bank  of 
Long  Beach  to  be  used  for  the  purposes  of  and  in  the  manner  mentioned  in  this  act. 
The  base  so  erected  shall  be  subject  to  the  approval  of  the  joint  committee  and  proof 
i/f  payment  of  the  cost  of  construction  thereof  shall  be  made  to  the  satisfaction  of  the 
state  board  of  controL 

GRASS  VALLEY. 
See  Act  3094,  note. 

GRIDLEY. 

See  Act  3094,  note. 


Acts  1830-1840  GBNCRAL   LAWS.  BUO 

CHAPTER  139. 

GROWING  TIMBER. 

References:   Injury  to  ornamental  trees,  see  Kerr's  Cyc.  Penal  Code.  §  622. 

Injury  to  freehold  by  cutting  down  or  girdling  growing  trees,  see  Kerr'g  Cyc.  Penal 
Code,  §  602. 

PROTECTION  OF  BIG  TREE  GROVES. 

ACT  1830 — An  act  to  protect  the  Big  Tree  groves  of  Fresno,  Tulare,  and  Kern  counties. 

History:    Approved  March  13,  1874,  Stats.  1873-74,  p.  347. 
Misdemeanor. 

^  1.  Any  person  or  persons  who  shall  willfully  cut  down  or  strip  of  its  bark,  any 
tree  "over  sixteen  feet  in  diameter,"  in  the  grove  of  big  trees  situated  in  the  counties 
of  Fresno,  Tulare,  or  Kern,  or  shall  destroy  any  of  said  trees  by  fire,  shall  be  guilty  of 
a  misdemeanor,  and  shall,  on  conviction  thereof  before  any  justice  of  the  peace  in  said 
counties,  be  fined  not  less  than  ($50)  fifty  dollars  nor  more  than  ($300)  three  hundred 
dollars,  or  imprisonment  in  the  county  jail  not  less  than  (25)  twenty-five  days  nor  more 
than  (150)  one  hundred  and  fifty  days,  or  both  such  fine  and  imprisonment,  as  the  court 
may  determine. 

Disposition  of  fines. 

$  2.  Upon  the  arrest  and  conviction  of  any  person  or  persons  gruilty  of  any  of  the 
acts  before  mentioned,  the  party  informing  shall  be  entitled  to  one-half  of  the  fines 
collected. 

Act  takes  effect  when. 

§  3.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

CONTENTS  OF  CHAPTER. 
ACT  1830.     Protection  op  Bio  Tree  Groves. 

GUARDIAN  AND  WARD. 
See  Kerr's  Cyc.  Civil  Code,  §§  236,  et  seq.;  and  Kerr's  Cyc.  Code  Civil  Procedure, 

$$1747,  et  seq. 


CHAPTER  140. 

GUIDE  POSTS. 
References:   See,  generally,  "Highways." 

CONTENTS  OF  CHAPTER. 
ACT  1840.     Guide  Posts  in  Desert  Sections. 

GUIDE  POSTS  IN  DESERT  SECTIONS. 
ACT  1840 — An  act  appropriating  the  sum  of  five  thousand  dollars  for  the  purpose  Gt 
procuring  guide-posts  to  be  erected  in  the  desert  sections  of  California,  and  particu- 
larly in  the  counties  of  Kern,  Ventura,  Los  Angeles,  Inyo,  Riverside,  San  Bernardino 
and  San  Diego. 

History:    Approved  March  22,  1905,  Stats.  1905,  p.  805. 

The  act  niipropriated  $50UO  for  the  purpose  indicated. 

This  act  placed  the  purchase  and  distribution  of  posts  under  the  department  of  highways. 

GUSTINE. 

See  Act  3094,  note. 


89T  HARBOR    COM^IISSIONE^RS.  Act  1852,  g§  1, 2 

HABEAS  CORPUS. 
See  Kerr's  Cye.  Penal  Code,  ^  1473-1505. 

HAKFORD. 

See  Act  3094,  note. 

CHAPTER  141. 

HARBOR  COMMISSIONERS. 

References.    Commissions  on  sale  of  bonds,  see  tit.  "Bonds,"  Acts  519,  519a. 

Eureka  Harbor  Commissioners,  see  Kerr's  Cyc.  Political  Code,  §§  2567,  et  seq. 
Ferry  depot,  see  tit.  "Ferry  Depot." 
Leases  of  water  front  property,  see  tit.  "Leases." 

San  Dieqo  Harbor  Commissioners,  see  Kerr's  Cyc.  Political  Code,  §§  2575,  et  seq. 
San  Francisco   Harbor  and  State  Harbor  Commissioners,  see  Kerr's  Cyc.  Politic    i 
Code,  §§  2520,  et  seq. 

CONTENTS  OF  CHAPTER. 

ACT  1852.  Repairs  Upon  Private  Wharves. 

1855.  Jurisdiction  of  Commission — Act  os  1878. 

1856.  Warehouses,  Elevator,  Etc. 

1857.  State  Railroad  Act  of  1913. 

1858.  State  Drydock  Act  of  1913. 

1860.  Alignment  of  East  Street. 

1861.  Condemnation  of  Certain  Property. 

1862.  India  Basin  Condemnation  Act. 

1863.  Compromise  of  Litigation. 

1864.  Free  Public  Market  on  Waterfront. 

1865.  Insurance  of  State  Property. 

1866.  Reconstruction  and  Repair  of  Damaged  Propeety. 
1866a.  Reconstruction  and  Repair  of  Wharves,  Etc. 

1867.  Lease  of  Certain  Waterfront  Property. 

1869.  San  Francisco  Harbor  Improvement  Act  of  1909. 

1870.  India  Basin  Act. 

1871.  San  Francisco  Harbor  Impro\t:ment  Act  op  1913. 
1871a.  San  Francisco  Seawall  Act  of  1903. 

1872.  Establishing  Disputed  Titles  op  Bay  of  San  Diego. 

1873.  San  Diego  Seawall  Act  of  1909. 

1874.  Board  of  Harbor  Commissioners  of  Port  of  San  Jose. 

1875.  False  Returns  to  Board  of  State  Harbor  Commissioners. 

1877.  County  Harbor  Commission  Act. 

1878.  Payment  of  Claim  of  Fidelity  and  Deposit  Company  or  MARTLA«t«. 

1879.  Acquisition  of  Mission  Rock. 

REPAIRS  UPON  PRIVATE  WHARVES. 
ACT  1852 — An  act  to  authorize  the  board  of  state  harbor  commissioners  to  make 
repairs  upon  private  wharves  in  their  possession. 

History:    Approved  March  26,  1874,  Stats.  1873-74,  p.  663. 

Maintenance  of  wharves. 

^  I.  The  board  of  state  harbor  commissioners  are  hereby  authorized  and  empowered, 
in  their  discretion,  to  repair  and  maintain  any  wharf  or  wharves  in  their  possession  or 
under  their  control,  notwithstanding  such  wharf  or  wharves  may  belong  to  private 
parties,  and  to  pay  the  expenses  thereof  in  the  same  manner  as  is  now  provided  for  the 
repairs  or  maintenance  of  the  wharves  of  the  state;  provided,  however,  that  such 
authority  to  repair  and  maintain  private  wharves  shall  terminate  with  the  teraaination 
of  the  possession  or  control  of  the  same  on  the  part  of  said  board. 

Act  takes  effect  when. 

§  2.    This  act  shall  take  effect  immediately  after  its  passage. 
Gen.  Laws — 57 


Act  1855, 8 «  GENERAL   LAWS.  89!> 

JURISDICTION  OF  COMMISSION— ACT   OF  1878. 
ACT  1855 — An  act  concerning  the  waterfront  of  the  city  and  county  of  San  Francisco. 

History:  Approved  March  15,  1878,  Stats.  1877-78,  p.  2G3.  Amended 
March  17,  1880,  Stats.  1880,  p.  10;  March  19,  1889,  Stats.  1889,  p.  379; 
March  31,  1891,  Stats.  1891,  p.  233;  March  26,  1895.  Stats.  1895,  p.  194; 
March  23,  1901,  Stats.  1901,  p.  627;  March  18,  1905,  Stats.  1905,  p.  109; 
March  19,  1909,  Stats.  1909,  p.  434;  May  17,  1917.  In  effect  July  27, 
1917.  Stats.  1917,  p.  583;  April  30,  1919.  In  effect  July  22,  1919,  Stats. 
1919,  p.  252. 

The  following  is  probably  the  only  part  of  the  act  now  in  force: 

Commissioners  to  have  control  of  certain  blocks. 

§  6.  The  said  commissioners  shall  have  the  possession,  jurisdiction  and  control  over 
the  blocks  and  parts  of  blocks  formed  by  the  change  of  the  waterfront  and  the  exten- 
sions of  the  streets  to  the  thoroughfare  aforesaid,  and  remove  any  obstructions  placed 
thereon  in  the  same  manner  as  provided  for  the  removal  of  obstructions  from  the  piers, 
wharves  and  thoroughfares.  The  commissioners  are  authorized  to  keep  and  maintain 
said  blocks  and  parts  of  blocks  as  open  spaces  for  the  use  of  the  public,  or  they  may, 
in  their  discretion,  inclose  them.  The  commissioners  are  also  authorized  to  assign  the 
use  of  such  portion  thereof  as  they  may  deem  expedient  for  such  purposes  solely  as  will 
be  most  advantageous  to  the  commerce  of  the  port,  and  upon  such  terms  and  conditions 
as  they  may  determine.  All  such  assignments  shall  terminate  at  the  pleasure  of  the 
commissioners. 

Lease  of  seawall  lots.    Term  of  lease.    Lease  is  canceled  if  free  zone  is  established. 

The  commissioners  are  also  authorized  to  lease  such  portions  or  portion  of  seawall 
lots,  numbered  one,  two,  three,  four,  five,  six,  seven,  eight,  nine,  ten,  eleven,  twelve, 
thirteen,  fourteen,  fifteen,  sixteen,  seventeen,  eighteen,  nineteen,  twenty,  twenty-one, 
twenty-two,  twenty-three,  twenty-four,  twenty-five,  *'a,"  "b,"  and  "c,"  and  such  por- 
tions of  that  certain  land  described  as  follows,  to  wit :  Commencing  at  a  point  formed 
by  the  intersection  of  the  southerly  line  of  Islais  street  and  the  easterly  line  of  Third 
(formerly  Kentucky)  street,  and  running  thence  easterly  and  along  said  southerly  line 
of  Islais  street  eighteen  hundred  eighty  feet;  thence  at  a  right  angle  southerly  to  the 
northeasterly  line  of  Arthur  avenue;  thence  northwesterly  along  the  northeasterly  line 
of  Arthur  avenue  to  a  point  on  the  easterly  line  of  Third  (formerly  Kentucky)  street 
two  hundred  nineteen  feet  and  five  inches  southerly  from  the  southerly  line  of  Islais 
street;  thence  northerly  along  said  line  of  Third  street  two  hundred  nineteen  feet  and 
five  inches*to  the  southerly  line  of  Islais  street  and  the  point  of  beginning;  as  they  may 
deem  expedient  for  such  purposes  solely  as  will  be  most  advantageous  to  the  commerce 
of  the  port,  save  and  excej^ting,  however,  such  portions  of  the  last-described  piece  of 
property  as  may  be  within  two  hundred  feet  of  the  southerly  line  of  Islais  street,  and 
save  and  excepting  such  portions  thereof  as  may  be  within  two  hundred  feet  of  any 
portion  of  any  pier,  wharf  or  slip  which  may  now  exist  fronting  on  Islais  street  or 
hereafter  be  constructed  on  any  portion  of  said  land;  provided,  that  before  the  execu- 
tion of  any  lease  notice  of  the  letting  or  leasing  of  any  of  the  lots  or  property  herein- 
above mentioned,  or  parts  thereof,  shall  be  given  by  publication  in  three  of  the  daily 
pai:)ers  published  in  the  city  of  San  Francisco  for  at  least  ten  days;  such  notice  shall 
state  the  property  or  lot  or  portion  thereof  to  be  leased  and  that  bids  will  be  received 
by  the  commissioners  at  a  place  and  time  designated  in  such  notice;  and  that  said  lots 
and  property  shall  be  let  to  the  highest  and  best  bidder;  provided,  further,  that  all  bids 
for  lease  of  property  or  lots  or  portions  thereof,  herein  mentioned,  shall  set  forth  the 
purposes  for  which  said  property  or  lots  or  portions  theref  shall  be  used,  and  that 
the  statement  of  such  bid  shall  be  embodied  in  the  lease  given  by  the  board  of  state 
harbor  commissioners  with  the  condition  that  the  property  or  lot  shall  be  used  for  such 


I 


609  HARBOR    COMMISSIONERS.  Act  1856,  §  1 

purposes  only;  provided,  further,  that  said  board  shall  have  the  power  to  reject  any 
and  all  bids;  and  provided,  further,  that  in  no  event  shall  any  such  lease  or  leases  be 
made  for  a  term  exceeding  twenty-five  years;  provided,  however,  that  all  leases  made 
and  executed  within  two  years  preceding  February  15,  1901,  and  on  file  in  the  office  of 
the  secretary  of  state,  of  land  belonging  to  the  state  less  than  fifty  acres  in  area,  and 
which  lease  has  been  made  to  any  corporation  incorporated  in  this  state,  or  to  any 
person  or  persons,  for  terminal  facilities,  is  hereby  recognized,  approved  and  ratified, 
and  the  conditions,  covenants  and  agreements  of  the  parties  thereto  are  made  binding 
on  the  said  parties  and  on  their  successors  and  assigns  and  on  the  state  of  California; 
provided,  further,  that  all  such  leases  shall  contain  a  provision  providing  that  in  the 
event  of  the  establishment  by  the  United  States  of  a  free  zone  in  the  port  of  San 
Francisco,  and  in  the  event  that  said  leased  land  is  necessary  to  said  free  zone  that  then 
the  state  board  of  harbor  commissioners  for  that  purpose,  shall  have  the  right  to  declare 
such  leases  cancelled  and  terminated  upon  payment  to  the  lessees  of  the  actual  physical 
value  of  all  improvements  erected  by  said  lessees  on  said  leased  land.  [Amendment  of 
April  30,  1919.    In  effect  July  22,  1919.    Stats.  1919,  p.  252.] 

Scope   of  act. — This   act  dealt   principally  cific  Improvement  Co.,  130  Cal.   442,  62  Pac. 

with  the  jurisdiction  of  the  territory  along  739;  People  v.  Soutliern  Pacific  Co.,  177  Cal. 

the  water  front,  and  provided  for  the  open-  555,  171  Pac.  295. 

ing    of    new    streets,    the    extending-    of    old  2.     Collection  of  v»'harfage. — The  power  to 

streets   to   the   water  front,   and   the   lay   off  collect   wharfage   vested   in    the   commission 

of   lots   and    blocks    and    the    leasing    of    the  is    derived    from    the    legislature,    and    the 

same.     Other  features  of  the  act  have  prob-  commission   is   the   agent   of  the    state   with 

ably  been  superseded  or  repealed.  such  powers,  and  no  others,   as  the   legisla- 

1.     Channel    street. — Jurisdiction    of    com-  ture    has    conferred. — People    v.    Roberts,    3 

mission  over  Channel  street. — People  v.  Wil-  Cal.  Unrep.   372,  25   Pac.  496. 
liams,  64  Cal.  498,  2  Pac.  393;  People  v.  Pa- 

WAREHOUSES,  ELEVATORS,  ETC. 
ACT  1856 — An  act  concerning  the  water  front  of  the  city  and  county  of  San  Francisco. 

History:    Approved  April  30,  1919.     In  effect  July  22,  1919.     Stats. 
1919,  p.  254. 

Operation  of  warehouses,  grain  elevators,  etc.,  by  harbor  commissioners. 

$  1.  The  board  of  state  harbor  commissioners  is  hereby  authorized  and  empowered 
to  construct,  maintain  and  operate  warehouses,  grain  elevators,  oil  tanks  and  such  other 
facilities  as  it  may  from  time  to  time  deem  expedient  and  to  the  advantage  of  the 
commerce  of  the  port  of  San  Francisco,  and  to  fix  such  charges  and  make  such  rules 
and  regulations  as  it  may  deem  expedient  for  the  operation  thereof,  and  said  board  is 
further  authorized  and  empowered  to  construct,  maintain  and  operate  conveyors  on, 
above  and  under  the  ground  from  and  to  and  between  the  docks  and  wharves  and  other 
property  of  the  state  of  California  and  to  and  from  the  docks  and  wharves  and 
other  property  of  the  state  of  California  and  under  the  jurisdiction  of  the  board  and 
to  and  from  property  owned  by  the  state  and  fronting  on  the  Embarcadero  from  any 
property  of  the  state  of  California  under  the  jurisdiction  of  said  board,  as  it  may  from 
time  to  time  deem  expedient  and  to  the  advantage  of  the  commerce  of  the  port  of  San 
Francisco,  and  to  fix  all  charges  and  make  such  rules  and  regulations  as  it  may  deem 
expedient  in  the  operation  thereof. 


Ktt  1857,  §§  1, 2  GENERAL   LAWS.  000 

STATE  RAILROAD  ACT  OF  1913. 

ACT  1857 — An  act  to  enlarge  the  powers  of  the  board  of  state  harbor  commissioners, 

and  to  authorize  said  board  to  locate,  construct,  maintain,  and  operate  the  state 

railroad  and  railroad  tracks  and  appurtenances  through,  over,  under  and  upon  state 

lands,  and  lands  within  its  jurisdiction  or  the  water  front,  and  city  streets,  avenues, 

alleys,  lanes,  places  or  property,  or  lands  or  property  of  the  United  States,  or  private 

property,  in  the  city  and  county  of  San  Francisco,  and  to  obtain  licenses,  grants, 

permits  or  easements  or  rights  of  way  therefor,  and  to  construct  tunnels,  bridges, 

drawbridges  and  other  appurtenances  as  incident  thereto,  and  to  impose  tolls  or 

compensation  for  and  upon  the  use  of  the  same  and  to  regulate  the  use  therefor. 

History:  Approved  June  4,  1913.  In  effect  August  10,  1913.  Stats. 
1913,  p.  383.  Prior  act  of  March  19,  1889,  Stats.  1889,  p.  388,  was  prob- 
ably superseded  by  the  code.    See  Kerr's  Cyc.  Political  Code,  §  2524. 

Power  to  build  railroads  in  San  Francisco. 

§  1.  The  board  of  state  harbor  commissioners  is  hereby  authorized  and  empowered 
(in  addition  to  the  powers  now  granted,  or  which  may  hereafter  be  granted  to  it  by 
law)  to  locate,  construct,  maintain,  operate  and  extend  the  state  railroad,  and  railroad 
tracks,  through,  over,  under  and  upon  any  state  lands,  or  lands  within  its  jurisdiction, 
or  the  water  front  as  defined  in  section  2524  of  the  Political  Code,  or  through,  over, 
under  and  upon  any  streets,  avenues,  alleys,  lanes,  places  or  property  of  the  city  and 
county  of  San  Francisco,  or  lands  or  property  of  the  United  States  of  America,  or 
private  property  in  said  city  and  county  of  San  Francisco,  in  which  and  where  it  may 
then  have  a  license,  permission,  easement  or  right  of  way  therefor,  together  with  all 
necessary  trackage,  switches,  spurs,  turnouts,  fills,  cuts,  tunnels,  trestles,  bridges,  draw- 
bridges, signals  and  other  appliances,  appurtenances  and  incidents  necessary  to  make 
the  same  complete  and  convenient  for  use. 

Rights  from  Panama-Pacific  company. 

§  2.    The  powers  conferred  by  this  act  shall  include: 

1.  Power  and  authority  to  obtain  from  Panama-Pacific  international  exposition  com- 
pany, a  corporation,  an  assignment  of  its  rights  under  an  act  of  congress  approved 
June  28,  1912,  entitled,  "An  act  granting  a  right  of  way  to  the  Panama-Pacific  inter- 
national exposit'on  company,  or  such  successors  or  assigns  as  may  be  approved  by  the 
secre:ary  of  war,  across  the  Fort  Mason  military  reservation  in  California." 

Approval  of  secretary  of  war. 

2.  Power  and  authority  to  obtain  the  approval  of  the  secretary  of  war  to  such  assign- 
ment, and  to  locate  a  railroad  and  tunnel  upon  and  across  said  reservation  and  to 
ordain  regulations  therefor  and  for  the  use  thereof  and  to  obtain  the  approval  of  the 
secretary  of  war  thereto. 

Tolls  and  charges. 

3.  Power  and  authority  to  construct  such  railroad  and  tunnel  upon  and  across  said 
reservation  as  a  part  of  and  incident  to  said  state  railroad  and  railroad  tracks;  pro- 
vided, that  said  board  shall  impose  such  tolls,  charges  and  compensation  for  passage 
through  said  tunnel  upon  all  freight  and  upon  all  passenger  cars  passing  there  through 
(which  tolls  shall  be  exclusive  of  and  in  addition  to  the  ordinary  compensation  for 
the  use  of  said  railroad  and  railroad  tracks)  as  shall  provide  within  a  limited  time  for 
the  repaj'ment  of  the  cost  of  the  construction  of  such  tunnel.  Such  tolls  and  charges 
shall  be  in  conformity  with  the  requirements  and  subject  to  the  approval  of  the  secre- 
tary of  war  in  that  behalf  and  shall  be  so  charged,  imposed  and  collected  until  the  cost 
of  the  construction  of  such  tunnel  shall  have  been  repaid. 


901  HARBOR    C03IMISSI0NE^RS.  Act  1S5S,  gg  1-3 

Grants  from  San  Francisco. 

4.  Power  and  authority  to  obtain  from  the  city  and  county  of  San  Francisco  proper 
and  necessary  grants,  license  or  permission  to  extend,  construct,  maintain  and  operate 
the  said  state  railroad  and  railroad  tracks  along,  over  and  upon  such  public  streets, 
avenues,  alleys  or  property  of  said  city  and  county  of  San  Francisco  as  may  be 
necessary  for  the  extension  of  said  state  railroad  or  railroad  tracks. 

Acquisition  of  rights  of  way. 

5.  Power  and  authority  to  acquire  rights  of  way  and  lands  necessary  for  such  exten- 
sion from  the  owners  of  private  property,  either  by  grant  or  by  condemnation  proceed- 
ings; and  in  that  behalf  the  provisions  of  law  relating  to  the  exercise  of  the  right  of 
eminent  domain  shall  apply  and  insure  [inure]  to  the  benefit  of  said  board,  and  to  such 
proceedings. 

Use  of  road  and  tunnel. 

6.  Power  and  authority  to  permit  the  passage  over  and  through,  and  the  use  of  said 
railroad  and  tunnel  to  any  corporation  or  association,  person  or  persons  for  passenger 
street  cars  for  such  time  and  under  such  rules  and  regulations  and  at  such  compensa- 
tion as  said  board  may  determine. 

Through  Presidio  reservation. 

7.  Power  and  authority  to  obtain  license  and  permission  from  the  United  States 
government  to  extend,  locate,  construct,  operate  and  maintain  the  said  railroad  and 
railroad  tracks  in  and  through  the  Presidio  reservation  in  said  city  and  county  in  such 
location  and  subject  to  such  regulations  as  may  be  prescribed  by  the  United  States 
government. 

Enumeration  of  powers  not  exclusive. 

§  3.  The  enumeration  of  powers  contained  in  section  2  of  this  act  shall  not  be 
deemed  exclusive  or  to  limit  the  general  powers  conferred  by  section  1  hereof. 

STATE  DRYDOCK  ACT  OF  1913. 

ACT  1858 — An  act  to  enlarge  the  powers  of  the  board  of  state  harhor  commissioners, 

and  to  authorize  said  board  to  locate,  construct,  maintain,  operate  and  extend  public 

drydocks  and  appurtenances  thereto,  in  and  about  such  portion  of  the  bay  of  San 

Francisco  under  its  jurisdiction,  and  to  fix.  regulate,  impose  and  collect  tolls  or 

compensation  for  and  upon  the  use  of  the  same  and  to  regulate  the  use  therefor. 

History:    Approved  June  3,  1913.    In  effect  August  10,  1913.     Stats. 
1913,  p.  372. 

Drydocks  in  San  Francisco  bay. 

$  1.  The  board  of  state  harbor  commissioners  is  hereby  authorized  and  empowered 
(in  addition  to  the  powers  now  granted,  or  which  may  hereafter  be  granted  to  it  by 
law)  to  locate,  construct,  maintain,  operate  and  extend  public  drydocks  in  and  about 
such  portion  of  the  bay  of  San  Francisco  under  the  jurisdiction  as  defined  in  section 
two  thousand  five  hundred  and  twenty-four  of  the  Political  Code. 

ToUs. 

$  2.  The  said  board  shall  fix,  regulate,  impose  and  collect  tolls  or  compensation  for 
and  upon  the  use  of  such  public  drydocks  and  regulate  the  use  thereof. 

Disposition  of  money  collected. 

§  3.  All  money  collected  for  tolls  as  compensation  for  use  of  such  public  drydocks 
and  all  expenditure  made  in  the  maintenance  and  construction  thereof  shall  be  subject 
to  the  same  provision  as  other  moneys  collected  and  expended  by  the  said  board. 


A^tH  18G0.  1S61,  §  1  GENERAL.  LAWS.  ,  902 

ALIGNMENT  OF  EAST  STREET. 
ACT  1860 — An  act  authorizing  the  board  of  harhor  commissioners  to  rectify  the  align- 
ment of  East  street,  and  employing  the  board  to  sell,  condemn,  and  acquire  adjacent 
property. 

History:    Approved  March  31,  1891,  Stats.  1891,  p.  270. 

Alignment  of  East  street  to  be  straightened. 

§  1.  The  board  of  state  harbor  commissioners  is  hereby  authorized  and  directed  to 
rectify  the  alignment  of  East  street,  between  Pacific  street  and  Market  street,  in  the 
city  and  county  of  San  Francisco,  said  rectification  to  be  done  so  as  to  straighten  the 
property  lines  and  give  as  wide  and  commodious  a  thoroughfare  as  the  traflSc  may 
demand. 

Westerly  line  of  East  street. 

$  2.  In  no  case  shall  the  alignment  of  the  westerly  side  of  said  thoroughfare  extend 
east  of  the  inner  line  of  the  thoroughfare  as  now  established  and  defined  by  law. 

Jurisdiction  of  board. 

§  3.  The  jurisdiction  of  said  board  shall  be  westerly  to  the  line  as  established  under 
this  act. 

Power  of  board. 

$  4.  The  board,  in  carrying  out  this  law,  shall  have  the  power  to  purchase  and  sell, 
and  to  exchange,  upon  a  legal  and  equitable  basis,  any  portion  or  portions  of  the  prop- 
erty adjacent  to  the  westerly  line  of  the  thoroughfare  herein  provided  for;  and  a  full 
record  of  their  proceedings  shall  be  entered  upon  their  minutes,  and  a  sworn  statement 
of  all  transfers,  sales,  and  purchases,  and  other  transactions,  shall  be  filed  with  the 
secretary  of  state.  Said  statements  shall  show  in  full  all  payments  and  receipts,  item- 
ized so  as  to  definitely  exhibit  the  price  or  prices  of  each  parcel  of  land  transferred. 

Condemnation  proceedings. 

§  5.  In  case  of  failure  on  the  part  of  the  interested  parties  to  come  to  a  satisfactory 
agreement,  the  board  shall  have  the  power  to  condemn,  as  in  other  cases,  for  public 
purposes. 

Act  takes  effect  when. 

$  6.     This  act  shall  take  effect  from  and  after  its  passage. 

CONDEMNATION  OF  CERTAIN  PROPERTY. 
ACT  1861 — An  act  to  authorize  and  empower  the  board  of  state  harbor  commissioners 
to  institute  condemnation  proceedings  against  certain  property  on  the  corner  of 
Market,  Sacramento  and  East  streets,  in  the  city  and  county  of  San  Francisco,  and 
extending  their  jurisdiction  over  the  same. 

History:    Approved  March  26,  1895,  Stats.  1895,  p.  80. 

Harbor  commissioners  may  condemn  certain  lot. 

$  1.  For  the  purpose  of  acquiring  terminal  facilities  for  the  landing  of  passengers 
to  and  from  the  passenger  and  ferry  depot  at  the  foot  of  Market  street,  in  the  city  and 
county  of  San  Francisco,  the  board  of  state  harbor  commissioners  is  hereby  authorized 
and  empowered  to  institute  condemnation  proceedings  in  the  superior  court  of  the  city 
and  county  of  San  Francisco,  against  all  parties  in  interest  claiming  any  title  in  and 
to  that  certain  lot,  piece,  or  parcel  of  land  in  the  city  and  county  of  San  Francisco, 
bounded  and  described  as  follows,  to  wit: 

Commencing  at  a  point  on  the  westerly  line  of  East  street,  distant  thereon  sixty  (60) 
feet  and  four  (4)  inches  northerly  from  the  northwesterly  corner  of  the  intersection  of 


003  HARBOR    COMMISSIONERS.  Acts  1SC2,  1SG3 

the  northerly  line  of  Market  street  with  said  westerly  line  of  East  street;  thence  south- 
erly along  said  westerly  line  of  East  street  sixty  (60)  feet  and  four  (4)  inches  to  the 
intersection  of  said  line  of  East  street  with  the  northerly  line  of  Market  street;  thence 
westerly  along  the  northerly  line  of  Market  street  eighteen  (18)  feet  and  six  (6)  inches 
to  the  intersection  of  the  northerly  line  of  Market  street  with  the  north  line  of  Sacra- 
mento street;  thence  west  along  the  north  line  of  Sacramento  street  seventy-nine  (79) 
feet  and  eleven  (11)  inches  to  a  point  on  said  north  line  of  Sacramento  street;  thence 
northeasterly  to  the  point  of  beginning. 

Jurisdiction. 

5  2.  The  inshore  limit  of  the  jurisdiction  of  said  board  shall  be,  and  is  hereby, 
extended  so  as  to  include  the  lot  of  land  described  in  section  one  of  this  act. 

May  institute  action. 

$  3.  The  board  of  state  harbor  commissioners  may  institute  any  action  or  actions, 
and  prosecute  the  same  to  final  judgment,  for  the  condemnation  of  any  portion  of  the 
premises  described  in  section  one  of  this  act;  and  the  purposes  herein  mentioned  are 
hereby  declared  to  be  a  public  use,  in  which  the  right  of  eminent  domain  may  be  exer- 
cised by  the  board  of  state  harbor  commissioners  in  the  name  of  the  people  of  the  state, 
for  the  estates  and  rights,  and  in  the  manner  provided  in  part  three,  title  seven,  of  the 
Code  of  Civil  Procedure  of  this  state. 

Payment  of  judgment. 

§  4.  The  board  of  state  harbor  commissioners  is  hereby  authorized  to  pay  any 
judgment  rendered  against  them  in  such  condemnation  proceedings,  by  a  draft  drawn 
upon  the  controller  of  the  state,  who  shall  draw  his  warrant  therefor  on  the  state 
treasury,  payable  out  of  any  money  in  said  treasury  credited  to  the  San  Francisco 
harbor  improvement  fund. 

Act  takes  effect  when. 

5  5.     This  act  shall  take  effect  from  and  after  its  passage. 

INDIA  BASIN  ACT. 
ACT  1862 — An  act  to  authorize  and  direct  the  board  of  state  harbor  commissioners  to 
institute  condemnation  proceedings  against  certain  property  north  of  India  basin, 
and  extending  to  Islais  creek  in  the  city  and  county  of  San  Francisco  and  extending 
the  jurisdiction  of  said  board  over  the  same,  and  providing  for  the  payment  of  judg- 
ments from  the  proceeds  of  bonds  issued  and  sold  under  the  provisions  of  an  act 
entitled  "An  act  to  provide  for  the  issuance  and  sale  of  state  bonds  to  create  a  fund 
for  the  acquisition  by  the  board  of  state  harbor  commissioners,  of  a  necessary  area 
for  a  tidal  basin,  for  wharves,  docks,  piers,  harbors  and  appurtenances,  in  the  city 
and  county  of  San  Francisco:  to  create  a  sinking  fund  for  the  payment  of  said 
bonds;  and  defining  the  duties  of  state  oflScers  in  relation  thereto;  making  an  appro- 
priation of  one  thousand  dollars  for  the  expense  of  printing  said  bonds;  and  providing 
for  the  submission  of  this  act  to  a  vote  of  the  people. ' ' 

History:    Approved  March  24,  1909,  Stats.  1909,  p.  711. 

1.     Act    In    force. — Section    4    of    the    act       1870).     That  act  was  ratified  at  the  ereneral 

provided    that    it    should    talce    effect    upon        election  of  1910. 
the  ratification  of  the  India  Basin  act  (Act 

COMPROMISE  OF  LITIGATION. 
ACT  1863 — An  act  to  authorize  the  compromise  of  certain  litigation  concerning  a 
portion  of  the  water  front  of  the  city  and  county  of  San  Francisco. 
History:    Approved  April  3,  1876,  Stats.  1875-76,  p.  905. 


Act  1S04,  §§  1-4 


GIi^NCnAL   LAWS. 


Scope  of  act. — This  act  authorizes  the 
governor,  mayor  of  San  Francisco,  and 
board  of  state  harbor  commissioners  to  com- 
promise and  settle  Mtith  claimants  for  the 
premises  lying  between  Jackson  and  Pa- 
cific streets,  and  outside  of  tlie  water  front 
line  as  established  by  the  beach  and  water 


lot  act  of  March  26,  1851.  The  compromise 
contemplated  was  to  accept  deeds  of  the 
entire  property  to  the  state,  and  pay  there- 
for such  amount  as  might  be  determined 
on  out  of  the  San  Francisco  harbor  im- 
provement  fund. 


FREE  PUBLIC  MARKET  ON  WATERFRONT. 

ACT  1864 — An  act  to  authorize  the  state  hoard  of  harbor  commissioners  to  establish 

and  maintain  a  free  public  market  upon  the  waterfront  of   San  Francisco,  and 

providing  for  the  expenses  and  regulations  thereof. 

History:    Approved  March  29,  1897,  Stats.  1897,  p.  238.     Entire  act 
amended  March  2,  1903,  Stats.  1903,  p.  76. 

The  amended  act  is  as  follows: 

Free  public  market  to  be  established. 

^  1.  The  board  of  state  harbor  commissioners  shall,  within  one  year  from  the  passage 
of  this  act,  set  apart  upon  some  convenient  portion  of  the  watei'front  of  San  Francisco 
a  sufficient  number  of  blocks  and  parts  of  blocks  belonging  to  the  state  contiguous  to 
the  docks  and  piers  for  a  free  market  for  the  greater  portion  of  all  the  perishable 
products  of  the  state  of  California  arriving  in  San  Francisco  by  land,  boat,  or  other 
conveyance,  including  fruit,  vegetables,  eggs,  poultry,  grain,  dairy  products,  and  fish, 
and  shall  permit  the  sale  of  such  products  upon  said  blocks  and  portions  of  blocks  of 
land  by  or  for  the  account  of  the  producers  thereof  only,  under  such  regulations  as  may 
be  prescribed  by  the  said  board  of  harbor  commissioners  and  as  the  public  convenience 
may  require. 

Land  set  apart  shall  be  convenient. 

§  2.  The  land  so  set  apart  for  the  free  public  market  shall  be  as  convenient  as 
possible  to  that  portion  of  the  city  and  county  of  San  Francisco  in  which  the  principal 
wholesale  trade  in  perishable  products  is  now  carried  on,  and  must  be  adjacent  and 
contiguous  to  such  piers  and  docks  as  are  accessible  to  all  water  craft  ordinarily 
employed  in  carrying  such  products  upon  the  waters  of  San  Francisco  bay  and  the 
navigable  waters  contributing  thereto,  and  vessels  so  loaded  shall  have  the  preference 
at  all  times  at  docking  at  such  wharves  and  piers  contiguous  to  said  lands  over  other 
vessels  not  so  loaded. 

Assignment  of  docking-room. 

§  3.  Docking-room  at  said  piers  shall  be  assigned  without  partiality  to  all  vessels 
engaged  in  the  transportation  of  said  products,  and  the  space  assigned  shall  be  suffi- 
cient to  permit  such  vessels  regularly  running  upon  a  route  to  receive  and  discharge 
their  entire  cargoes  of  such  products  at  the  piers  aforesaid,  if  they  so  desire,  subject 
to  the  control  and  direction  of  the  board  of  state  harbor  commissioners.  And  the  said 
board  of  state  harbor  commissioners  shall  construct  car-tracks  to  connect  the  said  docks 
and  piers  with  the  land  so  set  apart  for  the  free  public  market  and  with  the  belt  rail- 
road. For  the  use  of  these  tracks  the  state  harbor  commissioners  shall  prescribe  such 
regulations  as  public  convenience  may  require,  and  fix  the  compensation  to  be  paid  by 
the  companies  making  use  of  them  for  this  purpose. 

Tramways. 

^  4.  The  harbor  commissionefs  shall  suitably  inclose  said  free  market  and  construct 
suitable  tramways  and  tracks  or  other  devices  for  the  rapid  conveyance  of  perishable 
products  from  car  or  boat  or  other  conveyance  to  the  stalls  in  the  free  market,  and 
operate  the  same. 


005  HARBOR    COiVINISSIONE^RS.  Act  1865,  §g  1, 2 

No  rental  for  space.    Penalty  for  violation  of  act. 

$  5.  The  harbor  commissioners  shall  assign  space  within  the  free  market  to  all 
producers  of  perishable  products,  under  such  regulations  as  the  harbor  commissioners 
may  prescribe.  No  rental  shall  be  charged  for  space  in  the  free  market.  Any  violation 
of  this  act,  or  of  the  regulations  made  pursuant  thereof,  shall  exclude  the  person  or 
firm  guilty  of  such  violation  from  the  privilege  of  selling  in  the  free  market,  during  the 
pleasure  of  the  harbor  commissioners,  not  exceeding  one  year,  in  addition  to  any  other 
penalty  which  may  be  incurred  thereby. 

Expenses,  how  provided  for. 

$  6.  For  the  payment  of  the  expenses  of  said  free  market  the  said  board  of  state 
harbor  commissioners  may,  in  their  judgment,  so  adjust  tolls  upon  the  said  perishable 
products  as  shall  be  delivered  into  said  free  market  as  to  provide  the  necessary  revenue ; 
provided,  however,  that  no  one  shall  be  compelled  to  enter  into  said  free  public  market, 
and  no  tolls  for  the  purpose  of  paying  the  expenses  of  said  free  market  shall  be  levied, 
assessed,  or  inflicted  upon  any  products  not  entering  into  said  free  public  market ;  and 
provided,  further,  that  the  total  of  such  tolls  so  levied  shall  not  exceed  the  total  expense 
of  maintaining  such  free  market. 

Officers  of  free  market. 

$  7.  The  officers  of  said  free  market  shall  be  a  superintendent  and  assistant  super- 
intendent, who  shall  also  be  secretary,  and  such  other  employees  as  the  state  board  of 
harbor  commissioners  may  appoint.  The  salary  of  all  employees  of  said  free  market 
shall  be  fixed  by  the  state  board  of  harbor  commissioners,  and  be  paid  out  of  the 
general  fund  of  said  harbor  commission  the  same  as  other  employees. 

Bonds  of  officers. 

§  8.  All  officers  and  employees  of  any  public  market  on  state  property  are  officers 
and  employees  of  the  state,  and  shall  qualify  in  the  same  manner  as  other  employees, 
and  give  such  bonds  as  the  harbor  commissioners  may  prescribe. 

Moneys  to  carry  into  effect. 

$  9.  There  is  hereby  appropriated  out  of  the  San  Francisco  harbor  improvement 
fund  the  necessary  moneys  to  enable  the  harbor  commissioners  to  carry  this  act  into 
effect,  and  this  appropriation  shall  have  precedence  of  all  other  claims  on  such  fund 
for  improvements. 

INSURANCE  OF  STATE  PROPERTY. 
ACT  1865 — An  act  empowering  and  authorizing  the  board  of  state  harbor  commis- 
sioners to  insure  against  loss  or  damage  by  fire  or  other  disaster  the  property  of  the 
state  of  California  located  on  the  waterfront  of  San  Francisco,  California. 

History:  Approved  April  30,  1919.  In  effect  July  22,  1919,  Stats. 
1919,  p.  254.  Prior  act  of  March  25,  1901,  Stats.  1901,  p.  809,  amended 
March  20,  1905,  Stats.  1905,  p.  295;  May  21,  1915.  In  effect  August  8, 
1915.    Stats.  1915,  p.  728,  superseded  by  the  present  act. 

Insurance  of  state  water  front  property. 

$  1.  The  board  of  state  harbor  commissioners  is  hereby  empowered  and  authorized 
to  insure  against  loss  or  damage  by  fire  or  other  disaster  the  wharves,  docks,  piers, 
slips,  bulkheads  and  structures  contained  thereon,  and  improvements  located  on  tha 
inside  and  outside  of  the  waterfront  line,  and  all  property  of  the  state  of  California 
under  the  control  and  supervision  of  said  board  of  state  harbor  commissioners. 

Amount  and  cost. 

"j  2.  This  insurance  is  to  be  effected  and  distributed  at  the  discretion  and  under  the 
direction  of  said  board  of  state  harbor  commissioners;  the  aggregate  amount  of  such 


Acta  1S60-1S69 


GENICRAL.   I.AU'S. 


006 


insurance  not  to  exceed  the  sum  of  two  million  dollars,  plus  twenty-five  per  cent,  of 
the  actual  cost  value  of  irajiroveraents  made  or  property  acquired  by  the  state  through 
said  board  or  coming  under  the  jurisdiction  of  said  board  after  this  act  goes  into  effect. 
The  cost  of  said  insurance  shall  not  exceed  two  per  cent  j)er  hundred  in  premiums  for 
policies  to  be  written  for  a  three-years'  term.  Said  cost  to  be  defrayed  and  paid  out  of 
the  San  Francisco  harbor  improvement  fund. 
Repealed. 

This  section   was  also  amended  March    20,   1905,  Stats.   1905,  p.   295. 

$  3.     All  acts  and  parts  of  acts  in  conflict  herewith  are  hereby  repealed. 

RECONSTRUCTION  AND  REPAIR  OF  DAMAGED  PROPERTY. 
ACT  1866 — An  act  to  provide  for  the  reconstruction  and  repair  by  the  board  of  state 
harbor  commissioners  of  the  damaged  property  of  the  state  of  California  situated  on 
the  waterfront  of  the  city  and  county  of  San  Francisco,  and  making  an  appropriation 
therefor. 

History:    Approved  June  14,  1906,  Stats.  1906   (ex.  sess.),  p.  38. 

One    hundred   tfaouMand   dollars    was   appropriated   for   the   purpose    indicated.     See,    also, 
Act  18GCa. 

RECONSTRUCTION  AND  REPAIR  OF  WHARVES,  ETC. 
ACT  1866a — An  act  to  provide  for  the  reconstruction  and  repair  by  the  board  of  state 
harbor  commissioners,  of  wharves,  piers,  docks,  bulkheads,  sheds,  streets  and  sea- 
wall, the  property  of  the  state  of  California  situated  on  the  waterfront  of  the  city 
and  county  of  San  Francisco  and  making  an  appropriation  therefor. 
History:    Approved  March  13,  1907,  Stats.  1907,  p.  244. 
Thl«  act  appropriated  the  sum  of  $250,000  for  the  purpose  indicated.     See,  also.  Act  1866. 

LEASE  OF  CERTAIN  WATERFRONT  BLOCKS. 
ACT  1867 — An  act  authorizing  harbor  commissioners  of  San  Francisco  to  lease  portion 
of  waterfront. 

History:    Approved  April  2,  1866,  Stats.  1865-66,  p.  853. 


Kditor*M  note:  This  act  authorized  the 
lease   of  a   portion    of   South    Beach. 

See,  also,  the  following  acts:  Act  ap- 
proved March  27,  1868,  Stats.  1867-68,  p.  408. 
authorizing  a  lease  to  the  California, 
Oregon  &  Mexico  Steamship  Co.;  act  ap- 
proved March  27,  1868,  Stats.  1867-68,  p.  373, 
authorizing  a  lease  to  the  Merchants'  Float- 
ing Dry  Dock  Co.;  act  approved  March  27, 
1868.  Stats.  1867-68,  p.  409,  changing  the 
terms  of  the  lease  to  the  Pacific  Mail  Steam- 
ship  Co.;   act  approved   April   4,    1870,    Stats. 


1869-70,  p.  799,  authorizing  a  lease  to  the 
Western  Pacific  Railroad  Company.  See, 
al.so  Act  2843,  ratifying  the  lease  of  China 
Basin  to  the  San  Joaquin  "Valley  Railroad 
Co. 

Conixtitudonallty  of  certain  tide  land 
leases  upheld,  and  "leases"  held  not  to  be 
Included  in  the  meaning  of  the  word  "grant" 
in  section  3,  article  XV,  of  the  constitution. 
— San  Pedro,  etc.,  Co.  v.  Hamilton,  161  Cal. 
610,   119   Pac.   1073. 


SAN  FRANCISCO  HARBOR  IMPROVEMENT  ACT  OF  1909. 
ACT  1869 — An  act  to  provide  for  the  issuance  and  sale  of  state  bonds  to  create  a  fund 
for  the  improvement  of  San  Francisco  harbor  by  the  construction  by  the  board  of 
state  harbor  commissioners  of  wharves,  piers,  state  railroad,  spurs,  betterments,  and 
appurtenances  and  necessary  dredging  and  filling  in  connection  therewith  in  the  city 
and  county  of  San  Francisco;  to  create  a  sinking  fund  for  the  payment  of  said 
bonds;  to  define  the  duties  of  state  officers  in  relation  thereto;  to  make  an  appropria- 
tion of  five  thousand  dollars  for  the  expense  of  printing  said  bonds;  and  to  provide 
for  the  submission  of  this  act  to  a  vote  of  the  people. 

History:  Approved  March  20,  1909,  Stats.  1909,  p.  522.  Submitted 
to  the  people  at  the  general  election  of  1910  and  ratified.  Stats.  1911 
(Part  II)  p.  1. 

Thin  act  provided  for  the  submission   to  the  people  of  a  bond  issue  of  $9,000,000  for  the 
purposes  indicated. 


907  HARBOR    COMMISSIONERS.  Act  1S71,  §  1 

INDIA  BASIN  ACT. 

ACT  1870 — An  act  to  provide  for  the  issuance  and  sale  of  state  tonds  to  create  a  fund 

for  the  acquisition  by  the  board  of  state  harbor  commissioners,  of  a  necessary  area 

for  a  tidal  basin,  for  wharves,  decks,  piers,  harbors  and  appurtenances,  in  the  city 

and  county  of  San  Francisco;  to  create  a  sinking  fund  for  the  payment  of  said 

bonds;   and  defining  the   duties  of  state   officers  in   relation  thereto;   making   an 

appropriation  of  one  thousand  dollars  for  the  expense  of  printing  said  bonds;  and 

providing  for  the  submission  of  this  act  to  a  vote  of  the  people. 

History:  Approved  March  24,  1909,  Stats.  1909,  p.  713.  Submitted 
to  the  people  at  the  general  election  of  1910  and  ratified.  Stats.  1911 
(Part  II),  p.  12. 

This   act  provided    for   the   submission    to  See    India    Basin    condemnation    act,    Act 

the  people  of  a  bond  issue  for  ?1, 000,000  for       1862. 
acquiring   India  Basin. 

SAN  FRANCISCO  HARBOR  IMPROVEMENT  ACT  OF  1913. 
ACT  1871 — An  act  to  provide  for  the  issuance  and  sale  of  state  bonds  to  create  a  fund 
for  the  improvement  of  San  Francisco  harbor  by  the  construction  by  the  board  of 
state  harbor  commissioners  of  wharves,  piers,  state  railroad,  spurs,  betterments,  and 
appurtenances,  and  necessary  dredging  and  filling  in  connection  therewith  in  the  city 
and  county  of  San  Francisco;  to  create  a  sinking  fund  for  the  payment  of  said 
bonds ;  to  define  the  duties  of  state  officers  in  relation  thereto ;  to  make  an  appropria- 
tion of  five  thousand  dollars  for  the  expense  of  printing  said  bonds;  and  to  provide 
for  the  submission  of  this  act  to  a  vote  of  the  people. 

History:  Approved  June  16,  1913,  Stats.  1913,  p.  1122.  Submitted 
to  the  people  at  the  general  election  of  1914  and  ratified.  In  force 
December  31,  1914. 

Bonds  for  San  Francisco  harbor  improvement.    Interest.    Life  of  bonds.    Paid  from 

third  sinking  fund.    Redemption  by  lot. 

$  1.  For  the  purpose  of  providing  a  fund  for  the  payment  of  the  indebtedness  hereby 
authorized  to  be  incurred  by  the  board  of  state  harbor  commissioners  for  the  erection 
of  wharves,  piers,  seawall,  state  railroad,  spurs,  betterments  and  appurtenances  and 
necessary  dredging  and  filling  in  connection  therewith  in  the  city  and  county  of  San 
Francisco,  at  a  cost  not  to  exceed  ten  million  dollars  (which  said  wharves,  piers,  sea- 
wall, state  railroad,  spurs,  betterments  and  appurtenances  and  necessary  dredging  and 
filling  in  connection  therewith  the  board  of  state  harbor  commissioners  are  hereby 
empowered  to  construct  and  do  in  the  manner  authorized  by  law,  and  at  a  cost  not  to 
exceed  ten  million  dollars),  the  state  treasurer  shall,  immediately  after  the  issuance  of 
the  proclamation  of  the  governor,  provided  for  in  section  ten  hereof,  prepare  ten  thou- 
sand suitable  bonds  of  the  state  of  California,  in  the  denomination  of  one  thousand 
dollars  each.  The  whole  issue  of  said  bonds  shall  not  exceed  the  sum  of  ten  million 
dollars,  and  said  bonds  shall  bear  interest  at  the  rate  of  four  per  centum  per  annum, 
from  the  date  of  issuance  thereof,  and  both  principal  and  interest  shall  be  payable  in 
gold  coin  of  the  present  standard  value,  and  they  shall  be  payable  at  such  place  in  the 
United  States  as  may  be  designated  in  the  bonds  (full  authority  to  designate  such  place 
being  hereby  conferred  on  the  governor  who  shall  sign  said  bonds),  at  the  expiration 
of  seventy-four  years  from  their  date,  subject,  however,  to  redemption  by  lot  as  in  this 
act  hereinafter  provided.  Said  bonds  shall  bear  date  the  second  day  of  July,  A.  D. 
nineteen  hundred  and  fifteen,  and  shall  be  made  payable  on  the  second  day  of  July, 
nineteen  hundred  and  eighty-nine.  The  interest  accruing  on  such  of  said  bonds  as  are 
sold,  shall  be  due  and  payable  at  the  place  designated  in  said  bonds  as  aforesaid,  on 
the  second  day  of  January,  and  on  the  second  day  of  July,  of  each  year  after  the  sale 
of  the  same;  provided,  that  the  first  payment  of  interest  shall  be  made  on  the  second 


Act  1871,  §§  2-4  GE^NERAL,   LAWS.  908 

day  of  July,  nineteen  hundred  and  sixteen,  on  so  many  of  said  bonds  as  may  have  been 
theretofore  sold.  At  the  expiration  of  seventy-four  years  from  the  date  of  said  bonds, 
all  bonds  sold  shall  cease  to  bear  interest  and  likewise  all  bonds  redeemed  by  lot  shall 
cease  to  bear  interest  as  in  this  act  provided,  and  the  said  state  treasurer  shall  call  in, 
forthwith  pay  and  cancel  the  same,  out  of  the  moneys  in  the  third  San  Francisco  sea- 
wall sinking  fund  provided  for  in  this  act,  and,  he  shall  on  the  first  Monday  of  July, 
nineteen  hundred  and  eighty-nine,  also  cancel  and  destroy  all  bonds  not  theretofore 
sold.  All  bonds  issued  shall  be  signed  by  the  governor,  and  countersigned  by  the  con- 
troller, and  shall  be  indorsed  by  the  state  treasurer  and  the  said  bonds  shall  be  so 
signed,  countersigned  and  indorsed  by  the  officers  who  are  in  office  on  the  second  day 
of  July,  1915,  and  each  of  said  bonds  shall  have  the  seal  of  the  state  stamped  thereon. 
The  s.'iid  bonds  signed,  countersigned  and  indorsed  and  sealed  as  herein  provided  when 
sold  .^hall  be  and  constitute  a  valid  and  binding  obligation  upon  the  state  of  California, 
though  the  sale  thereof  be  made  at  a  date  or  dates  after  the  person  signing,  counter- 
signing and  indorsing,  or  any  or  either  of  them,  shall  have  ceased  to  be  the  incumbent 
of  such  office  or  offices.  Each  bond  shall  contain  a  clause  that  it  is  subject  to  redemp- 
tion by  lot  after  the  year  nineteen  hundred  and  fifty-four. 

Interest  coupons. 

$  2.  Interest  coupons  shall  be  attached  to  each  of  said  bonds  so  that  such  coupons 
may  be  removed  without  injury  to,  or  mutilation  of  the  bond.  Said  coupons  shall  be 
consecutively  numbered,  and  shall  bear  the  lithographed  signature  of  the  state  treas- 
urer who  shall  be  in  office  on  the  second  day  of  July,  1915.  But  no  interest  on  any  of 
said  bonds  shall  be  paid  for  any  time  which  may  intervene  between  the  date  of  any 
of  said  bonds  and  the  issue  and  sale  thereof  to  a  purchaser,  unless  such  accrued  interest 
shall  have  been,  by  the  purchaser  of  said  bond,  paid  to  the  state  at  the  time  of  such  sale. 

Appropriation. 

^  3.  The  sum  of  five  thousand  dollars  is  hereby  appropriated  to  pay  the  expense 
that  may  be  incurred  by  the  state  treasurer  in  having  said  bonds  prej^ared.  Said 
amount  shall  be  paid  out  of  the  San  Francisco  harbor  improvement  fund  on  controller's 
warrants,  duly  drawn  for  that  purpose. 

Sale  of  bonds.    Approval.    Matured  coupons  detached.    Disposition  of  proceeds. 

§  4.  When  the  bonds  authorized  to  be  issued  under  this  act  shall  be  duly  executed, 
they  shall  be  by  the  state  treasurer  sold  at  public  auction  to  the  highest  bidder  for 
cash,  in  such  parcels  and  numbers  as  said  treasurer  shall  be  directed  by  the  governor 
of  the  state,  under  seal  thereof,  after  a  resolution  requesting  such  sale  shall  have  been 
adopted  by  the  board  of  state  harbor  commissioners,  and  approved  by  either  the  gov- 
ernor of  the  state  or  mayor  of  the  city  and  county  of  San  Francisco,  who  shall  only 
ap]irove  the  same  when  in  their  judgment  the  actual  harbor  receipts,  and  those  reason- 
ably anticipated,  will  justify  such  sale  of  bonds  and  the  consequent  increased  burden 
on  harbor  receipts;  but  said  treasurer  must  reject  any  and  all  bids  for  said  bonds,  or 
for  any  of  them,  which  shall  be  below  the  par  value  of  said  bonds  so  offered  plus  the 
interest  which  has  accrued  thereon  between  the  date  of  sale  and  the  last  preceding 
interest  maturity  date;  and  he  may,  by  public  announcement  at  the  i^laee  and  time 
fixed  for  the  sale,  continue  such  sale,  as  to  the  whole  of  the  bonds  offered,  or  any  part 
thereof,  offered,  to  such  time  and  place  as  he  may  select.  Before  offering  any  of  said 
bonds  for  sale  the  said  treasurer  shall  detach  therefrom  all  coupons  which  have  matured 
or  will  mature  before  the  date  fixed  for  such  sale.  Due  notice  of  the  time  and 
place  of  sale  of  all  bonds  must  be  given  by  said  treasurer  by  publication  in  two  news- 
papers published  in  the  city  and  county  of  San  Francisco,  and  also  by  publication  in 
one  newspaper  published  in  the  city  of  Oakland,  and  by  publication  in  one  newspaper 


909  HARBOR    COMMISSIONE)RS.  Act  1871,  g  5 

published  in  the  city  of  Los  Angeles,  and  by  publication  in  one  newspaper  published  in 
the  city  of  Sacramento,  once  a  week  during  four  weeks  prior  to  such  sale.  In  addition 
to  the  notice  last  above  provided  for,  the  state  treasurer  may  give  such  further  notice 
as  he  may  deem  advisable,  but  the  expenses  and  cost  of  such  additional  notice  shall  not 
exceed  the  sum  of  five  hundred  dollars  for  each  sale  so  advertised.  The  cost  of  such 
publication  shall  be  paid  out  of  the  San  Francisco  harbor  improvement  fund,  on  con- 
troller's warrants  duly  drawn  for  the  purpose.  The  proceeds  of  the  sale  of  such  bonds 
except  such  amount  as  may  have  been  paid  as  accrued  interest  thereon  shall  be  forth- 
with paid  over  by  said  treasurer  into  the  treasury,  and  must  be  by  him  kept  in  a 
separate  fund  to  be  known  and  designated  as  the  "third  San  Francisco  seawall  fund" 
and  must  be  used  exclusively  for  the  construction  of  wharves,  piers,  seawall,  state  rail- 
road, spurs,  betterments  and  appurtenances  and  necessary  dredging  and  filling  in  con- 
nection therewith  on  the  waterfront  of  the  city  and  county  of  San  Francisco.  Drafts 
and  warrants  upon  said  fund  shall  be  drawn  upon  and  shall  be  paid  out  of  said  fund 
in  the  same  manner  as  drafts  and  warrants  are  drawn  upon  and  paid  out  of  the  San 
Francisco  harbor  improvement  fund.  The  amount  that  shall  have  been  paid  at  the 
sale  of  said  bonds  as  accrued  interest  on  the  bonds  sold  shall  be,  by  the  state  treasurer, 
immediately  after  such  sale,  paid  into  the  treasury  of  the  state  and  placed  in  the 
"third  San  Franci.sco  seawall  sinking  fund." 

Third  San  Francisco  seawall  sinking  fund  created.  Investment  of  funds.  Collections. 
Pasrment  by  lot  after  1955.  Bonds  purchased  by  state.  Sale  of  bonds  in  sinking 
fund. 

$  5.  For  the  payment  of  the  principal  and  interest  of  said  bonds  a  sinking  fund,  to 
be  known  and  designated  as  the  "third  San  Francisco  seawall  sinking  fund,"  shall  be, 
and  the  same  is  hereby  created,  as  follows,  to  wit :  The  state  treasurer,  after  the  second 
day  of  July,  nineteen  hundred  and  thirty-three,  shall  on  the  first  day  of  each  and 
every  month  thereafter,  after  the  sale  of  such  bonds,  take  from  the  San  Francisco  har- 
bor improvement  fund  such  sum  as,  multiplied  by  the  time  in  months,  the  bonds  then 
sold  and  outstanding  have  to  run,  will  equal  the  principal  of  the  bonds  sold  and  out- 
standing at  the  time  said  treasurer  shall  so  take  said  sum  from  said  San  Francisco 
harbor  improvement  fund,  less  the  amount  theretofore  taken  therefrom  for  said  pur- 
pose; and  he  shall  place  the  sum  in  the  third  San  Francisco  seawall  sinking  fund  cre- 
ated by  this  act.  Said  state  treasurer  shall,  on  controller's  warrants  duly  drawn  for 
that  purpose,  employ  the  moneys  in  said  sinking  fund  in  the  purchase  of  the  bonds  of 
the  United  States,  or  of  the  state  of  California,  including  any  bonds  authorized,  issued 
and  theretofore  sold  under  authority  of  this  act  or  of  the  several  counties  or  munici- 
palities of  the  state  of  California,  which  said  bonds  shall  be  kept  in  a  proper  receptacle, 
appropriately  labeled;  but  he  must  keep  always  on  hand  a  sufficient  amount  of  money 
in  said  sinking  fund  with  which  to  pay  the  interest  on  such  of  the  state  bonds  herein 
provided  to  be  issued  as  may  have  theretofore  been  sold.  The  state  treasurer  mux  only 
purchase  such  bonds  authorized  and  issued  under  authority  of  this  act  with  moneys  in 
said  sinking  fund  as  have  been  theretofore  sold.  And  to  provide  means  for  the  pay- 
ment of  interest  on  the  bonds  that  may  be  sold  and  outstanding,  said  treasurer  shall 
monthly  take  from  the  San  Francisco  harbor  improvement  fund,  and  pay  into  said 
seawall  sinking  fund,  an  amount  equal  to  the  monthly  interest  then  due  on  all  bonds 
then  sold,  delivered  and  outstanding.  The  board  of  state  harbor  commissioners  are 
hei'eby  authorized  and  directed  by  the  collection  of  dockage,  tolls,  rents,  wharfage  and 
cranage  to  collect  a  sum  of  money  sufficient  for  the  purposes  of  this  act,  over  and  above 
the  amount  limited  by  section  two  thousand  five  hundred  and  twenty-six  of  the  Polit- 
ical Code  of  the  state  of  California.  BetAveen  the  first  and  tenth  day  of  May,  in  the 
year  nineteen  hundred  and  fifty-five  and  between  the  first  and  tenth  day  of  May  of 
each  year  thereafter  until  the  maturity  of  said  bonds,  the  said  treasurer  shall,  in  the 


Act  1871.  §§  6-8  GENERAL   LAWS.  910 

presence  of  the  governor,  proceed  to  draw  by  lot  such  an  amount  of  bonds  as  shall  be 
requisite  to  exhaust  as  nearly  as  may  be  the  amount  in  said  sinking  fund  at  that  time, 
and  shall  thereupon  and  before  the  tenth  day  of  June  following,  give  notice  by  public 
advertisement  to  be  inserted  twice  a  week  for  two  weeks  in  two  newspapers  published 
in  the  city  and  county  of  San  Francisco,  and  also  in  one  newspaper  published  in  the 
city  of  Oakland,  and  also  in  one  newspaper  published  in  the  city  of  Los  Angeles,  and 
also  in  one  newspaper  published  in  the  city  of  Sacramento,  stating  the  number  of  bonds 
so  drawn  and  that  the  principal  of  said  bonds  will  be  paid  on  presentation  to  the 
treasurer  on  or  before  the  second  day  of  July,  following,  and  that  from  and  after  such         j- 
last  named  date,  all  interest  upon  bonds  thus  drawn  shall  cease,  and  it  shall  be  the         j 
duty  of  the  treasurer  as  soon  as  said  bonds  so  drawn  by  lot  are  surrendered  to  him  and 
paid  to  cancel  the  same,  and  the  interest  coupons  thereon,  and  each  year  beginning  with 
the  year  nineteen  hundred  and  fifty-five,  the  said  treasurer  shall  in  the  manner  afore- 
said, proceed  to  draw  by  lot  such  an  amount  of  bonds  as  shall  be  requisite  to  exhaust 
as  nearly  as  may  be  the  amount  in  said  sinking  fund,  and  proceed  in  the  manner  here- 
inabove stated.     In  the  event  that  the  state  treasurer  employs  moneys  in  said  sinking 
fund  in   the  jjurchase   of   any   bonds   authorized,   issued   and   theretofore   sold   under 
authority  of  this  act,  than  at  the  time  in  this  section  provided  for  the  drawing  of  bonds 
by  lot,  and  immediately  preceding  such  drawing  the  state  treasurer  shall  retire  and 
cancel  any  bonds  in  said  sinking  fund  authorized,  issued  and  sold  under  authority  of 
this  act,  and  the  amount  in  said  sinking  fund  remaining  at  the  time  shall  constitute 
the  amount  for  the  purposes  of  such  drawing.    After  the  payment  of  all  said  bonds,  the 
surplus  or  balance  remaining  in  said  sinking  fund,  if  any  there  be,  shall  forthwith  be 
paid  into  the  San  Francisco  harbor  improvement  fund.     At  the  time  of  the  respective 
drawings  by  lot,  as  aforesaid,  and  also  at  the  maturity  of  said  state  bonds,  said  treas- 
urer shall  sell  the  United  States  or  other  bonds  then  in  said  sinking  fund,  except  bonds 
authorized,  issued  and  sold  under  authority  of  this  act,  at  governing  market  rates,  after 
advertising  the  sale  thereof  in  the  manner  hereinbefore  provided  for  the  sale  of  bonds 
hereby  authorized  to  be  issued,  and  shall  use  the  proceeds  for  the  payment  of  such 
bonds  as  may  be  drawn  by  lot,  and  at  the  maturity  of  said  bonds  outstanding  shall 
pay  and  redeem  said  matured  outstanding  bonds  out  of  said  moneys  in  said  fund  in 
extinguishment  of  said  bonds  on  controller's  warrants  duly  drawn  for  that  purpose. 

Record  of  proceedings. 

$  6.  The  state  controller  and  the  state  treasurer-  shall  keep  full  and  particular 
account  and  record  of  all  their  proceedings  under  this  act,  and  they  shall  transmit  to 
the  governor  an  abstract  of  all  such  proceedings  thereunder,  with  an  annual  report,  to 
be  by  the  governor  laid  before  the  legislature  biennially;  and  all  books  and  papers  per- 
taining to  the  matter  provided  for  in  this  act  shall  at  all  times  be  open  to  the  insjDection 
of  any  party  interested,  or  the  governor,  or  the  attorney  general,  or  a  committee  of 
either  branch  of  the  legislature,  or  a  joint  committee  of  both,  or  any  citizen  of  the  state. 

Duty  of  treasurer  to  pay  interest. 

$  7.  It  shall  be  the  duty  of  the  state  treasurer  to  pay  the  interest  of  said  bonds,  when 
the  same  falls  due,  out  of  the  sinking  fund  provided  for  in  this  act,  on  controller's  war- 
rants duly  drawn  for  that  purpose. 

In  effect  December  31,  1914. 

^  8.  This  act,  if  adopted  by  the  people,  shall  take  effect  on  the  thirty-first  day  of 
December,  nineteen  hundred  and  fourteen,  as  to  all  its  provisions  except  those  relating 
to  and  necessary  for  its  submission  to  the  people,  and  for  returning,  canvassing,  and 
proclaiming  the  votes,  and  as  to  said  excepted  provisions  this  act  shall  take  effect  ninety 
days  after  the  final  adjournment  of  the  session  of  the  legislature  passing  this  act. 


»H  HARBOR    COMMISSIONERS.  Act  1871a 

Submitted  to  people. 

§  9.  This  act  shall  be  submitted  to  the  people  of  the  state  of  California  for  their  rati- 
fication at  the  next  general  election,  to  be  holden  in  the  month  of  November,  nineteen 
hundred  and  fourteen,  and  all  ballots  at  said  election  shall  have  printed  thereon  and  at 
the  end  thereof,  the  words,  "For  the  San  Francisco  harbor  improvement  act  of  1913," 
and  in  the  same  square  under  said  words  the  following,  in  brevier  type:  "This  act  pro- 
vides for  the  improvement  of  San  Francisco  harbor  and  for  the  payment  of  all  costs 
thereof  out  of  San  Francisco  harbor  improvement  fund."  In  the  square  immediately 
below  the  square  containing  said  words,  there  shall  be  printed  on  said  ballot  the  words : 
"Against  the  San  Francisco  harbor  improvement  act  of  1913,"  and  immediately  below 
said  words  "Against  the  San  Francisco  harbor  improvement  act  of  1913"  in  brevier  type 
shall  be  printed  "This  act  provides  for  the  improvement  of  San  Francisco  harbor  and 
for  the  payment  of  all  costs  thereof  out  of  the  San  Francisco  harbor  improvement 
fund."  Opposite  the  words,  "For  the  San  Francisco  harbor  improvement  act  of  1913" 
and  "Against  the  San  Francisco  harbor  improvement  act  of  1913"  there  shall  be  left 
spaces  in  which  the  voters  may  make  or  stamp  a  cross  to  indicate  whether  they  vote  for 
or  against  said  act,  and  those  voting  for  said  act  shall  do  so  by  placing  a  cross  opposite 
the  words  "For  the  San  Francisco  harbor  improvement  act  of  1913,"  and  all  those 
voting  against  the  said  act  shall  do  so  by  placing  a  cross  opposite  the  words  "Against 
the  San  Francisco  harbor  improvement  act  of  1913."  The  governor  of  this  state  shall 
include  the  submission  of  this  act  to  the  people,  as  aforesaid,  in  his  proclamation  calling 
for  said  general  election. 

Canvass  of  votes. 

^  10.  The  votes  cast  for  or  against  this  act  shall  be  counted,  returned  and  canvassed 
and  declared  in  the  same  manner  and  subject  to  the  same  rules  as  votes  cast  for  state 
officers;  and  if  it  appear  that  said  act  shall  have  received  a  majority  of  all  the  votes 
cast  for  and  against  it  at  said  election  as  aforesaid,  then  the  same  shall  have  effect  as 
hereinbefore  provided,  and  shall  be  irrepealable  until  the  principal  and  interest  of  the 
liabilities  herein  created  shall  be  paid  and  discharged,  and  the  governor  shall  make 
proclamation  thereof;  but  if  a  majority  of  the  votes  cast  as  aforesaid  are  against  this 
act  then  the  same  shall  be  and  become  void. 

Act  published  in  each  county. 

§  11.  It  shall  be  the  duty  of  the  secretary  of  state  to  have  this  act  published  in  at 
least  one  newspaper  in  each  county,  or  city  and  county,  if  one  be  published  therein, 
throughout  this  state,  for  three  months  next  preceding  the  general  election  to  be  holden 
in  the  month  of  November,  nineteen  hundred  and  fourteen,  the  costs  of  publication  shall 
be  paid  out  of  the  San  Francisco  harbor  improvement  fund,  on  controller's  warrants 
duly  drawn  for  that  purpose. 

Title  of  act. 

§  12.  This  act  may  be  known  and  cited  as  the  "San  Francisco  harbor  improvement 
act  of  1913." 

$  13.  All  acts  and  part  of  acts  in  conflict  with  the  provisions  of  this  act  are  hereby 
repealed. 

SAN  FRANCISCO  SEAWALL  ACT. 

ACT  1871a — An  act  to  provide  for  the  issuance  and  sale  of  state  bonds  to  create  a  fund 

for  the  construction  by  the  board  of  state  harbor  commissioners   of   a   seawall   and 

appurtenances  in  the  city  and  county  of  San  Francisco ;  to  create  a  sinking  fund  for 

the  payment  of  said  bonds ;  and  providing  for  the  submission  of  this  act  to  a  vote  of 

the  people.    [Approved  March  20,  1903.    Stats.  1903,  p.  247.] 

History:    Approved  March  20,  1903,  Stats.  1903.  p.  247.     Submitted 
to  the  people  at  the  general  election  o£  1904  an(]  ratified. 


Acts  1872-1S74,  §  1  GENERAL   LA^VS.  912 

This   act   provided   for   an    issue    of   bonds  lished — Spear    v.    Reeves,    148    Cal.    501,    83 

to  the  amount  of  $2,000,000  for  the  purpose  Pac.  432. 

indicated.  2.     Right   of  prospective   bidder. — A  mere 

The  "San  Francisco  Hnrbor  Improvement  prospective  bidder  on  the  San  Francisco  sea- 
Act  of  1909,"  provided  for  an  issue  of  $9,-  wall  bonds  has  not  the  present  status  to 
000,000  bonds  for  the  "second  San  Fran-  entitle  him  to  maintain  a  writ  of  mandate 
Cisco  seawall  fund."  See  Act  1869;  and  the  to  compel  the  signing  of  the  bonds. — Gra- 
act  of  1913,  provided  for  a  third  San  Fran-  ham  v.  Gillett,  156  Cal.  113,  103  Pac.  195. 
'  Cisco  seawall  fund."  See  Act  1871.  3,     Rights    of    successful    bidder. — A    suc- 

1.     Constitutionality — Publication.  —  The  cessful    bidder    for    San    Francisco    seawall 

failure    of    the    act    to    provide    for    publica-  bonds    is    entitled    to    have    valid    securities, 

tion   did  not  render  it  invalid  under  article  and  if  the  bonds  are  not  properly  executed 

XVI  of  the  constitution,  in  view  of  the  fact  he  may  compel  the  issuance  of  valid  bonds, 

that  that  article  required  publication,  since  — Graham   v.   Gillett,   156  Cal.   113,   103   Pac. 

under  section  7,   article  V,   it  was   the  duty  195. 
of    the    governor    to    see    that    it    was    pub- 

ESTABLISHING  DISPUTED  TITLES  ON  BAY  OF  SAN  DIEGO. 
ACT  1872 — An  act  making  an  appropriation  to  pay  for  the  settlement  of  disputed  titles 
to  or  boundaries  of  land  claimed  by  the  state  of  California  fronting  on  the  bay  of 
San  Diego. 

History:    Approved  March  11,  1907,  Stats.  1907,  p.  238. 

This   net   appropriated  $10,000   to   pay   the        lishing     disputed     titles     to     lands     on     San 

expenses    incurred    by    the    harbor    commis-        Diego  bay. 
sioners  of  San  Diego   in   settling  or  estab- 

SAN  DIEGO  SEAWALL  ACT  OF  1909. 

ACT  1873 — An  act  to  provide  for  the  issuance  and  sale  of  state  bonds  to  create  a  fund 

for  the  construction  by  the  board  of  state  harbor  commissioners  for  the  bay  of  San 

Diego  of  harbor  improvements  consisting  of  a  seawall,  wharves,  piers,  state  railroad, 

spurs,  betterments  and  appurtenances  in  the  county  of  San  Diego ;  to  create  a  sinking 

fund  for  the  payment  of  said  bonds;  to  define  the  duties  of  state  ofiicers  in  relation 

thereto;  to  make  an  appropriation  of  one   thousand  five   hundred    dollars    for   the 

expense  of  printing  said  bonds,  and  to  provide  for  the  submission  of  this  act  to  a 

vote  of  the  people. 

History:  Approved  April  16,  1909,  Stats.  1909,  p.  942.  Submitted 
to  the  people  at  the  general  election  of  1910  and  ratified.  Stats.  1911 
(Part  II),  p.  17. 

This  oct  provided  for  the  submission  to  the  people  of  a  bond  issue  of  $1,500,000  for  the 
Improvement  of  San  Diego  harbor. 

BOARD  OF  HARBOR  COMMISSIONERS  OF  PORT  OF  SAN  JOSE. 
ACT  1874 — An  act  to  create  a  board  of  harbor  commissioners  for  the  port  of  San  Jose 
on  the  southerly  arm  of  San  Francisco  bay,  and  to  prescribe  their  powers  and  duties 
and  to  fix  their  compensation  and  the  compensation  of  their  employees  and  to  appro- 
priate money  to  carry  this  act  into  effect. 

History:  Approved  June  14,  1913.  In  effect  August  10,  1913.  Stats. 
1913,  p.  1128. 

San  Jose  harbor  commission  created.    No  compensation.    Organization  of  board. 

§  1.  The  board  of  harbor  commissioners  for  the  port  of  San  Jose  on  the  southerly 
arm  of  the  bay  of  San  Francisco,  to  consist  of  three  persons,  is  hereby  constituted  with 
such  powers  and  duties  as  are  prescribed  by  law  and  the  provisions  of  this  act.  "Within 
thirty  da3-s  after  this  act  takes  effect  the  governor  shall  appoint  one  of  said  commis- 
sioners to  hold  oflBce  for  two  years,  one  of  said  commissioners  to  hold  office  for  three 
years,  and  one  of  said  commissioners  to  hold  office  for  four  years  from  the  dates  of  their 
respective  commissions  and  until  their  successors  are  appointed  and  qualified;  and 
thereafter  the  said  three  officers  shall  be  thereafter  appointed  by  the  governor  for  a 
term  of  four  years  from  the  dates  of  their  res^jective  commission  and  until  their  sue- 


91S  HARBOR    C03IMISSI0NERS.  Act  1874,  §§  2-4 

cessors  are  appointed  and  qualified.  All  persons  appointed  commissioners  by  virtue 
of  this  act,  must  be  qualified  electors  or  freeholders  of  the  city  of  San  Jose  and  shall 
serve  ■without  compensation.  If  a  vacancy  occurs  from  any  cause  in  the  office  of  a 
commissioner  aj^pointed  under  the  provisions  of  this  act  before  the  expiration  of  his 
term,  his  successor  shall  be  appointed  and  hold  office  only  for  the  unexpired  portion 
of  said  term.  Within  thirty  days  after  the  appointment  of  said  commissioners,  the  said 
board  shall  meet  and  organize  by  electing  one  of  its  members  president  and  executive 
officer  of  said  board.  It  shall  be  the  duty  of  the  president  to  preside  at  the  meetings 
of  the  board,  and  to  supervise  the  official  conduct  of  all  of  its  employees  and  officers, 
especially  in  the  collection,  custody  and  disbursement  of  the  revenues,  and  to  require 
that  all  the  books,  papers  and  accounts  be  accurately  kept  and  in  proper  form,  and  all 
the  provisions  of  law  and  the  regulations  of  the  board  be  enforced  and  observed.  He 
may  administer  official  oaths  to  the  officers  and  employees  of  the  board,  except  the  other 
commissioners,  and  to  all  persons  in  relation  to  the  business  of  the  board, 

Ofi&cers.    Secretary,  etc.    Salaries. 

5  2.  The  said  board,  upon  entering  upon  the  duties  of  their  office,  may,  as  soon  as 
they  deem  it  uecessarj'^  for  the  performance  of  the  duties  required  by  this  act,  and  have 
funds  at  their  disposal  to  pay  the  salaries  or  compensation  for  services  rendered,  appoint 
the  following  officers,  to  wit:  A  secretary,  an  attorney,  a  chief  wharfinger,  and  such 
assistant  wharfingers  and  collectors  as  they  may  deem  necessary.  Such  persons  shall 
hold  office  at  the  pleasure  of  said  board,  and  shall  receive  such  salaries  as  said  board 
may  fix  therefor,  not  to  exceed,  however,  the  following  sums:  Said  secretary,  the  sum 
of  twelve  hundred  dollars  per  annum;  said  attorney,  one  thousand  dollars  per  annum; 
said  chief  wharfinger,  the  sum  of  one  thousand  dollars  per  annum;  and  said  assistant 
wharfingers  and  collectors,  nine  hundred  dollars  per  annum  each.  Said  board  shall 
require  of  said  officers,  official  bonds  in  such  sums  as  they  may  deem  necessary  and 
proper,  and  may,  at  any  time,  increase  the  amounts  thereof. 

Secretary's  duties. 

§  3.  The  secretary  must  keep  the  office  of  the  board  open  every  day,  legal  holidays 
excepted,  and  shall  safely  keep  all  books  and  papers  of  the  board;  attend  their  meet- 
ings; keep  a  perfect  record  of  their  proceedings,  and  proper  books  of  account  of  all 
moneys  received  and  paid,  and  send  to  the  state  controller  on  the  15th  day  of  each 
month,  a  statement  of  such  receipts  and  expenditures  under  oath  for  the  preceding 
month,  showing  in  detail  the  sources  from  which  such  moneys  were  received  and  the 
purposes  for  which  they  were  expended,  and  the  disposition  of  all  moneys  received  by 
said  board.  He  shall  keep  a  record  of  all  contracts  and  agreements  made  by  the  board 
and  also  all  bonds  executed  by  the  officers  of  the  board,  and  a  record  of  all  personal 
property  purchased,  and  its  cost,  and  the  disposition  of  the  same. 

Attorney's  duties.    Wharfinger's  duties. 

5  4.  The  attorney  for  the  board  shall  attend  the  prosecution  and  defense  of  all  suits 
and  render  all  legal  services  which  may  be  required  of  him  by  the  board.  The  chief 
wharfinger  must  station,  berth  and  regulate  position  of  vessels  in  docks  and  harbors,  and 
cause  them  to  remove  from  time  to  time  and  from  place  to  place  as  general  business, 
safety  and  good  order  may  require;  he  shall  supervise  the  wharfingers  and  collectors, 
and  require  all  vessels  to  conform  to  the  regulations  of  the  board,  and  have  general 
charge  and  supervision  over  all  wharves,  docks,  slips,  piers  and  other  premises  under 
the  jurisdiction  of  the  board,  and  make  due  report  to  the  board  of  all  of  his  acts,  and  of 
all  vessels  coming  into  the  harbors,  or  using  the  docks  under  the  supervision  of  said 
board;  and  perform  such  other  duties  as  may  be  required  by  the  board  from  time  to 
time. 

Gen.  Laws — 58 


\ct  1S74,  §§  5-8  GENERAL    LAWS.  814 

Collector's  duties. 

^  5.  The  collectors  must  collect  the  revenues  in  such  manner  as  the  board  may  direct, 
and  shall  daily  account  for  and  pay  in  to  the  secretary  of  said  board  all  moneys  so 
collected  by  them. 

Jurisdiction  of  commissioners.     Rules  of  navigation.     Wharves.     Condemnation  pro- 
ceedings.   Seawall. 

^  6.  The  board  of  harbor  commissioners  for  the  port  of  San  Jose,  shall  have  posses- 
sion and  control  of,  and  jurisdiction  over,  all  those  portions  of  Alviso  slough,  some- 
times called  Steamboat  slough,  Guadalupe  sloiigh  or  river.  Coyote  river  and  Devil's 
slough,  as  are  now  or  may  hereafter  be  declared  to  be  navigable  waters  and  public  ways, 
and  all  of  that  portion  of  the  bay  of  San  Francisco  lying  within  three  miles  of  the 
mouths  of  said  sloughs,  and  the  shores  along  the  same,  together  with  all  of  the  improve- 
ments, rights,  privileges,  easements  and  appurtenances  connected  therewith,  or  in  any 
wise  appertaining  thereto,  for  the  purposes  in  this  act  provided,  excepting  that  nothing 
herein  shall  interfere  with  any  private  rights  already  secured  in  any  of  the  said  prem- 
ises, other  than  by  due  process  of  law,  or  in  the  exercise  of  the  right  of  eminent  domain. 
Said  board  are  authorized  and  empowered  to  make  rules  and  regulations,  and  take  such 
action  as  may  be  necessary  and  proper  for  the  said  protection  and  encouragement  of 
navigation  within  their  jurisdiction,  and  may  regulate  the  erection  and  extension  of 
wharves  and  piers,  and  regulate  the  tolls,  wharfage  or  dockage  to  be  charged  thereon. 
They  may  prescribe  and  regulate  the  manner  in  which  rafts,  boats,  or  vessels  may  enter 
or  depart  from,  or  lie  at  anchor  in,  any  harbor  within  their  jurisdiction,  or  be  moved  to 
any  wharf  or  pier,  and  may  prevent  and  remove  obstructions  to  the  regular  ebb  and 
flow  of  the  tides,  and  the  deposit  and  escape  into  the  waters  of  the  bay,  or  said  sloughs, 
of  substances  likely  to  injure,  interfere  with,  or  impede  navigation,  or  to  create  shoals 
or  shallows  in,  or  lessen  the  depth  of  the  water  thereof,  and  may  regulate  the  speed  of 
vessels  moving  in  said  waters.  They  shall  construct  such  number  of  wharves,  piers  and 
docks  as  the  wants  of  commerce  shall  require  and  locate  them  at  such  points  upon  said 
lands  as  the  board  may  deem  most  suitable  and  for  the  best  interest  of  commerce,  and 
shall  repair  and  maintain  all  wharves,  piers,  landings  and  thoroughfares  as  the  wants 
of  commerce  may  require,  and  generally  erect  all  such  improvements  as  may  be  neces- 
sary for  the  safe  landing,  loading  and  unloading,  and  protection  of  all  classes  of  mer- 
chandise, and  for  the  safety  and  convenience  of  passengers.  The  commissioners  may 
institute  and  prosecute  to  final  judgment,  actions  in  the  name  of  the  people  of  the  state 
of  California  for  the  possession  of  any  portion  of  the  shores  or  lands  lying,  contiguous 
thereto,  in  the  exercise  of  eminent  domain,  and  for  the  uses  and  purposes  in  this  act 
specified;  and  may  so  sue  for  the  collection  of  any  money  due,  or  which  may  become 
due,  by  virtue  of  this  act,  and  may  also  institute  and  prosecute  to  final  judgment,  actions 
for  the  removal  of  all  obstructions  in  or  upon  said  premises.  They  may  construct  such 
harbor  embankment  or  sea  wall  as  may  be  necessary  to  protect  the  commerce  in  the 
waters  within  their  jurisdiction,  and  may  dredge  such  number  of  slips  and  docks  as 
such  commerce  may  require. 

Tolls  lien  on  goods. 

^  7.  The  charge  for  the  wharfage  and  tolls  which  may  be  fixed  by  said  board  shall 
be  a  lien  upon  all  goods,  wares  and  merchandise  landed  upon  any  of  said  wharves  or 
docks  and  said  lien  may  be  enforced  in  the  same  manner  as  other  liens. 

Embankments,  etc.,  for  public  use. 

^  8.  The  embankments,  sea  walls,  thoroughfares,  streets,  wharves  and  other  public 
places  provided  for  in  this  act,  are  hereby  declared  to  be  for  public  use,  and  tlie  laying 
out  and  construction  of  which  the  right  of  eminent  domain  may  be  exercised  by  the 


915  HARBOR    COMMISSIONERS.  Act  1875,  §§  1,  2 

said  board  of  harbor  commissioners  in  the  name  of  the  people  of  the  state,  and  in  the 
manner  provided  in  part  3,  title  VIII  of  the  Code  of  Civil  Procedure  of  the  State  of 
California.  The  said  board  are  authorized  to  pay  out  of  any  moneys  coming  into  their 
hands,  any  compensations,  and  damages  assessed  in  such  proceedings. 

Limit  of  rent,  etc. 

$  9.  No  greater  amount  of  money  in  rent  shall  be  collected  for  dockage,  wharfage, 
tolls  and  rents  by  the  said  board  than  shall  be  necessary  to  construct  and  keep  in 
repair  such  number  of  wharves,  piers,  landings,  thoroughfares,  and  to  dredge  such 
number  of  slips  and  docks,  and  to  construct  and  keep  in  repair  such  sea  walls  and 
harbor  embankments  as  are  necessary  for  the  convenience  of  commerce,  and  to  pay  the 
salaries  and  incidental  expenses  authorized  by  this  act. 

Appropriation. 

^  10.  The  sum  of  two  thousand  five  hundred  dollars  is  hereby  appropriated  out  of  any 
money  in  the  state  treasury,  not  otherwise  appropriated,  to  be  used  in  putting  into  effect 
the  provisions  of  this  act;  and  the  money  hereby  appropriated  shall  become  available  on 
the  first  day  of  October,  1913,  and  shall  be  set  aside  in  a  separate  fund  to  the  credit  of 
said  board  of  harbor  commissioners  for  the  port  of  San  Jose  and  paid  out  upon  warrants 
drawn  therefor  by  the  controller  as  directed  by  the  said  board;  and  the  said  controller  is 
hereby  authorized  and  directed  to  draw  his  warrants  in  favor  of  such  persons  and  in 
such  amounts  as  may  be  designated  by  said  board,  and  the  said  treasurer  is  hereby 
directed  to  pay  such  warrants. 

FALSE  RETURNS  TO  BOARDS. 
ACT  1875 — An  act  to  provide  penalties  for  failure  to  pay  tolls,  by  false  returns  or 
otherwise,  to  any  board  of  state  harbor  commissioners. 

History:    Approved  March  10,  1891,  Stats.  1891,  p.  27. 

False  returns  to  harbor  commissioners.    Penalty. 

§  1.  Any  person,  corporation,  firm,  or  association  who  shall,  by  false  returns,  or  in 
any  manner,  avoid  the  payment  of  all  or  any  portion  of  any  tolls  that  may  be  due  to 
any  board  of  state  harbor  commissioners  of  the  state  of  California,  from  any  source 
or  cause,  as  provided  for  by  law  and  the  rules  and  regulations  of  said  board,  shall  be 
liable  for  and  shall  pay  to  said  board  twice  the  amount  of  such  tolls,  and  in  addition 
thereto  the  sum  of  ten  dollars  over  and  above  such  amount. 

Act  takes  effect  when. 

$  2.     This  act  shall  take  effect  from  and  after  its  passage. 

Collecting  tolls  without  authority  of  tended  that  the  report  referred  to  In  sec- 
board. — See  Kerr's  Cyc.  Penal  Code,   §  642.  tions  4  and  6  should  go  into  detail,  or  that 

1.  Proceediners — Coustruction  of  act. —  a  slight  or  reasonable  departure  therefrom 
The  construction  of  a  highway  under  this  in  the  final  specifications  for  doing-  the 
act  is  not,  strictly  speaking  a  proceeding  work,  not  destructive  of  the  general  plan 
in  invitum,  and  the  rule  of  strict  construe-  proposed,  should  render  the  contract  void, 
tion  is  not  .applicable  to  contracts  made  — City,  etc.,  Co.  v.  Kroh,  158  Cal.  308,  110 
thereunder. — City,    etc.,    Co.    v.     Kroh,     158  Pac.   933. 

Cal.   308,   110    Pac.    933.  3.      Contract — Interest    of     public     ofllcial. 

2.  Same  —  Preliminary  investi;;ation,  — A  contract  for  the  acquisition  of  land 
pnrpo.se  of. — The  preliminary  investigation,  for  a  highway  under  this  act  approved  by 
statement  of  improvements  to  be  made  and  the  highway  commissioners  and  by  the  su- 
estimate  of  the  cost,  are  intended  to  be  pervisors  can  not  be  avoided  by  the  county 
general  in  terms,  the  purpose  being  merely  on  the  ground  that  the  assistant  district 
to  give  information  to  the  supervisors  and  attorney  was  interested  as  a  stockholder  in 
the  voters  as  to  the  general  character  of  the  corporation  owning  the  land,  and  that 
the  work  for  which  bonds  were  supposed  the  price  agreed  to  be  paid  was  excessive. 
to  be  necessary. — ^City,  etc.,  Co.  v.  Kroh,  — County  of  San  Diego  v.  Utt,  173  Cal.  554, 
158  Cnl.    308,   110  Pac.   933.  160    Pac.    657. 

2a.     Same — Same. — The      act      never      in-  4.     Same — Changes. — Where      a      contract 


Act  1S77,  §  1 


GGNBRAL  LAWS. 


016 


for  work  under  this  act  authorizes  the 
supervisors  to  make  such  changes  as  would 
materially  diminish  tlie  contractor's  work 
without  authorizing-  at  the  same  time  a 
corresponding'  diminution  of  the  contract 
price,  it  is  not  for  that  reason  invalid, 
.since,  even  in  the  absence  of  such  a  pro- ' 
vision  for  a  diminution  of  the  contract 
price,  in  the  event  of  such  a  change  the 
contractor  would  not  be  entitled  to  the 
full  contract  price. — City,  etc.,  Co.  v.  Kroh, 
158   Cal.    308,    110    Pac.    933. 

5.  Same — Same. — Where  a  contract  for 
work  done  under  this  act  provided  that 
certain  parts  of  the  work  should  be  done 
according  to  elevations  shown  upon  the 
plans  "or  to  elevations  which  may  be 
given  by  the  engineer,"  and  also  that  power 
is  reserved  to  the  supervisors  to  change 
plans  in  certain  particulars,  the  engineer 
is  not  given  the  authority,  to  change  the 
elevations  of  his  own  motion,  but  the  con- 
tractor is  required  to  take  the  engineer's 
elevations  so  far  as  they  apply  to  the 
changes  made  by  the  supervisors  under  the 
reservation. — City,  etc.,  Co.  v.  Kroh,  158 
Cal.    308,    110    Pac.    933. 

G.  Same — Plans  and  specifioations — Ne- 
cessity, purpose  and  sulliciency. — It  is  a 
general  principle  of  law  applying  to  the 
letting  of  contracts  for  public  work  to  the 
lowest  bidder,  upon  plans  and  specifications 
previously  adopted,  that  they  must  be  suf- 
ficiently certain  and  definite  upon  all  the 
details  of  the  work  which  materially  af- 
fect its  cost,  to  apprise  the  bidders  of  all 
the  essential  and  substantial  parts  of  the 
work  and  enable  them  to  know  with  rea- 
sonable accuracy  the  outlay  they  w^ill  have 
to  make  in  performing  the  work. — City, 
etc.,  Co.  v.  Kroh,  158  Cal.  308,  110  Pac.  933. 
7.  Same — Same — Same.  —  The  reason  of 
the  rule  as  to  the  sufficiency  and  certainty 
of  the  plans  and  specifications  of  public 
work,  is,  partly,  because  the  uncertainty 
would  deprive  property  owners  of  the 
knowledge  necessary  to  enable  them  to 
undertake  the  work,  and  partly  because  it 
deprives  the  bidders  of  a  like  knowledge, 
and  thereby  tends  to  prevent  fair  competi- 
tion, and  one  reason  is  as  per.suasive  as  the 
other,  whether  the  cost  is  already  raised  or 


to  be  raised,  by  the  sale  of  bonds,  or  by 
assessment. — City,  etc.,  Co.  v.  Kroh,  158 
Cal.  308,  110   Pac.  933. 

8.  Same  —  Same — Same. — Where  details 
of  construction  do  not  appear  nor  could 
be  ascertained  with  reasonable  diligence  in 
advance,  or  any  other  contingency  which 
reasonable  care  and  consideration  would 
not  foresee,  the  matter  must  be  left  to  be 
adjusted  in  accordance  with  the  general 
provisions  of  the  contract,  or  by  the  dis- 
cretion of  the  person  or  board  supervising 
its  performance. — City,  etc.,  Co.  v.  Kroh, 
158   Cal.   308,   110   Pac.    933. 

9.  Same — Same — Same. — It  would  require 
a  radical  departure  from  the  general  plan 
described  In  the  report  to  invalidate  a  con- 
tract made  in  good  faith. — City,  etc.,  Co.  v. 
Kroh,    158   Cal.   308,    110    Pac.    933. 

10.  Plans,  prolilcs  and  specifications— 
Effect  of  failure  to  adopt — Purchase  of  ce- 
ment.— Where,  in  the  purchase  of  cement 
for  road  building  the  board  of  supervisors 
failed  to  adopt  plans,  profiles  and  specifica- 
tions for  the  work  as  required  by  the  Sav- 
age act,  under  which  they  proceeded,  the 
seller  can  not  recover  the  price  of  the  ce- 
ment furnished. — Henry  Cowell,  etc.,  Co.  v. 
Williams,  34  Cal.  App.  92,  166  Pacific.  1018, 
(Cal.)   189  Pac.  838. 

11.  AVidth  of  pavement  and  T\'idth  of 
hiffhivay. — The  width  of  the  pavement  is 
limited  to  sixteen  feet  for  the  sole  purpose 
of  a  way  for  public  travel,  and  the  require- 
ment that  public  roads  must  be  at  least 
forty  feet  wide  is  substantially  complied 
with  if  the  portion  of  the  highway  not  cov- 
ered by  the  pavement  was  fit  for  use  as  a 
passage  way. — City,  etc.,  Co.  v.  Kroh,  158 
Cal.    308,    110   Pac.    933. 

12.  Employment  of  unnaturalized  alien. 
— A  provision  in  a  contract  for  work  done 
under  this  act  that  no  unnaturalized  alien 
shall  be  employed  in  the  work,  except  v/ith 
the  consent  of  the  highway  commission  is 
invalid  and  unenforceable,  and  its  viola- 
tion by  the  contractor  would  not  defeat  his 
right  of  recovery. — City,  etc.,  Co.  v.  Kroh, 
158    Cal.    308,   110   Pac.   933. 

13.  Maintenance  and  repair  of  highways 
built  under  this  act. — See  Kerr's  Cyc.  Po- 
litical   Code,    §  2646. 


COUNTY  HARBOR  COMMISSION  ACT. 
ACT  1877 — An  act  providing  for  the  improvement,  development  or  protection  of  any 
harTjor,  bay,  inlet,  or  other  arm  of  the  sea,  existing  within  any  county  of  this  state, 
providing  for  the  appointment  of  a  harhor  commission  hy  the  hoard  of  supervisors  of 
any  such  county  to  have  charge  and  control  of  the  improvement,  development,  or  pro- 
tection thereof,  and  the  voting,  issuance  and  sale  of  the  bonds  of  such  county  to  pay 
the  cost  thereof. 

History:    Approved  June  11,  1915.     In  effect  August  10,  1915.     Stats. 
1915,  p.  1459. 

Appointment  of  county  harbor  commission. 

§  1.  In  any  county  of  this  state  where  there  exists  any  harbor,  bay,  inlet,  or  other 
arm  of  the  sea,  the  board  of  supervisors  of  any  such  county,  upon  receiving  a  petition 
signed  by  persons  who  are  both  freeholders  and  electors  in  such  county,  equal  in  num- 


91T  HARBOR    COMMISSIONERS.  Act  1S77,  §§  2-4 

ber  to  at  least  fifteen  per  cent  of  the  vote  cast  for  the  office  of  governor  of  this  state 
at  the  last  preceding  election  held  in  any  such  county  for  governor,  asking  that  the 
matter  of  issuing  bonds  of  the  county  for  the  purpose  of  improving,  developing,  or 
protecting  such  harbor,  (naming  it  by  the  name  by  which  it  is  commonly  called,)  be 
submitted  to  the  electors  of  the  county,  may  appoint  a  harbor  commission  for  such 
county,  who  shall  perform  the  duties  and  exercise  the  powers  hereinafter  specified. 

Membership.    Expense  of  improvement  too  great. 

§  2.  The  harbor  commission  shall  consist  of  five  members,  each  of  whom  shall,  at 
the  time  of  his  or  her  appointment,  be  and  have  been  for  two  years  a  bona  fide  resident, 
elector  and  freeholder  of  such  county.  The  harbor  commission  shall  be  appointed  to 
serve  for  the  term  of  four  (4)  years,  and  until  their  successors  are  appointed  and 
qualified,  and  any  vacancy  in  the  harbor  commission  shall  be  filled  by  appointment  by 
the  board  of  supervisors;  provided,  however,  that  if,  after  a  careful  survey,  investiga- 
tion and  examination,  the  harbor  commission  shall  report  to  the  board  of  supervisors 
that  the  improvement,  development  or  protection  of  any  such  harbor  is  not  practicable, 
or  would  involve  too  great  an  expense,  and  such  report  shall  be  approved  by  the  board 
of  supervisors,  the  said  harbor  commission  shall  thenceforth  cease  to  exist;  or  if  the 
proposition  for  the  issuance  of  the  bonds  of  the  county  for  the  improvement,  develop- 
ment or  protection  of  such  harbor  shall,  when  submitted  to  the  electors,  fail  to  carry 
by  the  requisite  number  of  votes,  or  when  any  proposed  improvement,  development  or 
protection  of  such  harbor  shall  have  been  completed,  and  that  fact  established  by  a 
finding  of  the  board  of  supervisors,  the  said  harbor  commission  shall  cease  to  exist, 
Thereafter,  however,  another  commission  may  be  appointed  with  like  duties  and  powers, 
as  provided  for  in  section  one  hereof. 

Oath  of  office. 

^  3.  Each  commissioner  shall,  within  twentj'  days  after  he  shall  receive  notice  of  his 
appointment,  qualify  by  taking  and  subscribing  the  constitutional  oath  of  office  and 
by  executing  and  filing  with  the  clerk  of  the  county  wherein  he  is  appointed,  a  bond 
in  a  sum  to  be  fixed  by  the  board  of  supervisors,  with  two  sureties,  which  bond,  when 
approved  by  the  judge  or  judges  of  the  superior  court  of  such  county,  shall  be  recorded 
in  the  office  of  the  county  recorder,  as  other  official  bonds  are  recorded  at  any  time 
subsequent  to  twenty  days  after  the  appointment  of  the  commission.  The  said  com- 
missioners, or  a  majority  of  them  having  qualified,  shall  meet  at  some  convenient  place 
in  the  county  and  organize  by  electing  one  of  their  number  chairman  of  the  harbor 
commission. 

Surveys,  etc.    Clerks. 

§  4.  The  commission  shall  with  all  diligence  proceed  to  cause  proper  surveys  to  be 
made  of  anj'  harbor  designed  to  be  improved,  developed  or  protected,  and  shall  collect, 
compile  and  preserve  all  proper  data  and  information  concerning  the  said  harbor,  and 
as  to  the  necessity,  advantage  and  benefit  to  be  derived  by  its  improvement,  develop- 
ment or  protection,  and  shall  carefully  investigate  and  examine  the  condition  of  such 
harbor  and  shall  ascertain  the  best,  most  feasible  and  practical  plan  and  system  of 
improvement,  development  or  protection  to  be  used  and  employed,  and  of  the  cost 
thereof;  and  shall  have  power,  with  the  consent  and  approval  of  the  board  of  super- 
visors, to  appoint  and  fix  the  compensation  of  a  clerk,  and  his  or  her  necessai'y  office 
assistants;  also  employ  and  appoint  an  engineer  or  engineers  and  other  experts,  and, 
if  in  their  judgment  it  is  necessary,  employ  an  attorney.  All  employees  and  appointees 
shall  hold  office  only  during  the  pleasure  of  the  harbor  commission. 


Act  1877,  §  5  GENERAL,   LAWS.  918 

If  expense  too  great.    Plans  for  improving. 

^  5.  If  the  harbor  commission  shall,  after  a  careful  survey,  investigation  and  exam- 
ination, find  and  report  to  the  board  of  supervisors,  that  the  improvement,  development 
or  protection  of  the  harbor  is  not  practicable,  or  would  involve  too  great  an  expense, 
their  report  shall  be  filed,  and  if  approved  by  the  board  of  supervisors,  the  harbor  com- 
mission shall  cease,  as  provided  for  in  section  two  hereof;  but  if  the  harbor  commission 
shall  find  that  the  harbor  can  be  improved,  developed  or  protected,  and  that  the  public 
will  be  benefited  by  such  improvement,  development  or  protection,  and  that  the  cost 
thereof  will  not  be  disproportionate  to  the  benefits  to  be  derived,  the  harbor  commis- 
sion shall  provide,  detailed  plans  and  specifications  for  the  best  and  most  feasible  plan 
of  improvement,  development  or  protection  of  such  harbor,  and  shall  estimate  the  cost 
thereof  and  the  amount  necessary  to  be  raised  by  the  issuance  and  sale  of  bonds  to  do 
the  work,  and  shall  make  a  complete,  full  and  comprehensive  report  of  their  investiga- 
tion and  examination  and  file  the  same  with  the  board  of  supervisors. 

Hearing.    Resolution  of  adoption.    Election. 

The  board  of  supervisors  shall  then  fix  a  date  for  hearing  said  report  not  more  than 
thirty  nor  less  than  twenty  days  after  the  filing  thereof,  and  shall  cause  notice  of  the  fact 
that  said  report  has  been  filed,  and  the  date  fixed  for  the  hearing  thereof  to  be  published 
in  one  or  more  newspapers  published  in  the  county,  by  at  least  two  publications  thereof. 
On  the  day  fixed  the  board  of  supervisors  shall  proceed  to  hear  the  said  report,  and  may 
adjourn  such  hearing  from  time  to  time  not  exceeding  four  weeks  in  all,  and  shall  finally 
pass  upon  the  same,  and  may  in  their  discretion  refer  the  same  back  to  the  harbor  commis- 
sion for  further  examination  and  investigation,  or  for  correction  or  amendment.  When  the 
])lans  and  specifications  and  report  shall  finally  be  accepted  and  approved  by  the  board 
of  supervisors,  they  shall  pass  and  adopt  a  resolution  to  that  effect  setting  forth  the 
harbor  to  be  improved,  developed  or  protected,  designating  it  by  the  name  by  which 
it  is  commonly  called,  the  plan  or  system  of  improvement,  development  or  protection  to 
be  employed  and  used  therein,  the  estimated  cost  thereof,  and  the  amount  to  be  raised 
by  the  sale  of  bonds  to  carry  out  the  plan  or  system  of  improvement,  development  or 
protection  thereof;  and  shall  without  delay  call  an  election  to  determine  whether  or 
not  the  bonds  of  such  county  shall  be  issued  and  sold  in  the  amount  estimated  by  the 
harbor  commission  in  their  report  and  set  forth  in  the  resolution  of  the  board  of  super- 
visors adopting  the  report.  The  said  election  shall  be  called,  held,  conducted  and  car- 
ried on,  and  the  said  bonds  issued  and  sold  and  paid  for  under  and  in  accordance  with 
all  the  provisions  of  law  now  or  hereafter  existing,  concerning  and  regarding  the  issu- 
ance, sale  and  payment  of  county  bonds,  and  all  proceedings  had  in  regard  to  such 
bonds  shall  be  in  accordance  with  such  provisions  of  law;  provided,  that  every  election 
held  for  the  purpose  of  submitting  the  question  of  the  issuance  and  sale  of  bonds  under 
this  act  shall  be  a  special  election  and  no  other  question  except  the  proposition  of  the 
issuance  and  sale  of  bonds  shall  be  submitted;  provided,  that  the  proposition  of  the 
issuance  and  sale  of  bonds  for  more  than  one  purpose  may  be  submitted  to  the  electors 
at  any  such  election ;  and  provided,  further,  that  for  the  holding  of  such  special  election 
the  board  may  form  bond  election  precincts  by  adopting  the  precincts  established  for 
general  election  purposes,  or  by  consolidating  such  precincts  inside  of  incorporated  cities 
and  towns,  to  a  number  not  exceeding  six  in  each  bond  election  precinct,  and  shall 
appoint  only  one  inspector,  two  judges  and  one  clerk  for  each  bond  election  precinct; 
and  provided,  further,  that  it  shall  be  sufficient  to  set  forth  the  purpose  for  which  such 
bonds  are  to  be  issued  and  sold,  to  state  that  the  same  are  for  the  improvement,  develop- 
ment or  protection  of harbor,  (naming  the  said  harbor 

by  the  name  by  which  it  is  commonly  called)  and  any  defect  or  irregularity  in  the  pro- 
ceedings prior  to  the  calling  of  such  election  shall  not  affect  the  validity-  of  the  bonds. 


019  HARBOR    COMMISSIONERS.  Act  1877,  §§  «,  7 

Special  fund. 

§  6.  All  bonds  sold  for  any  purpose  contemplated  by  this  act  shall  be  sold  for  not 
less  than  the  par  value  and  accrued  interest  of  such  bonds,  and  the  proceeds  thereof 
shall  be  deposited  in  the  treasury  of  the  county  and  placed  to  the  credit  of  a  special 

fund  designated harbor  fund,  created  by  order  of  the  harbor 

commission  for  that  purpose,  and  the  said  proceeds  of  the  sale  of  such  bonds  shall  be 
used  solely  and  exclusively,  and  for  no  other  purpose,  than  that  for  which  the  bonds 
were  issued. 

May  receive  donations. 

The  harbor  commission  may  receive  and  place  to  the  credit  of  said  fund  any  and  all 
donations  which  shall  be  used  for  the  purpose  for  which  it  was  donated.  No  moneys 
shall  be  paid  out  of  said  fund  except  upon  warrant  of  the  county  auditor  issued  upon 
the  written  order  of  the  harbor  commission,  duly  allowed  and  appi-oved  by  the  board 
of  supervisors. 

Management  of  work. 

$  7.  All  improvement,  development  or  protection  of  any  harbor,  and  all  work,  labor 
or  service  employed  therein,  shall  be  built,  constructed  and  done  under  the  power,  con- 
trol, management  and  authority  of  the  harbor  commission;  provided,  however,  that  the 
provisions  of  this  act  shall  not  apply  to  any  harbor,  bay,  inlet,  or  other  arm  of  the 
sea,  or  any  portion  thereof,  now  maintained  or  operated  by  the  state  of  California  or 
any  municipality  thereof  or  to  any  harbor,  bay,  inlet,  or  other  arm  of  the  sea,  in  which 
the  state  of  California  has,  since  the  present  state  constitution  was  adopted,  ceded  or 
granted  to  any  municipality  of  the  state  the  whole  or  any  portion  of  the  salt  marsh  or 
tide  lands. 

Whenever  the  funds  necessary  for  the  doing  of  any  improvement,  development  or  pro- 
tection for  which  bonds  have  been  voted,  or  raised  by  donation,  shall  be  in  the  county 
treasury,  the  harbor  commission  shall  proceed  to  carry  into  effect  the  said  improvement, 
development  or  protection  of  such  harbor;  provided,  that  the  board  of  supervisors  may 
sell  only  such  portion  of  any  bonds  voted  as  shall  provide  funds  as  the  same  shall  be 
needed  to  carry  on  the  work. 

One  or  more  contracts. 

The  harbor  commission  shall  have  power  to  do  all  of  the  work  of  improvement, 
development,  or  protection  under  one  contract,  or  may  segregate  the  same  into  sep- 
arate parts  or  divisions,  and  let  contracts  for  any  one  or  more  separate  parts  or  divi- 
sions. Every  contract  for  doing  any  part  of  said  work  shall  be  let  after  advertisement 
for  bids  by  publishing  notice  thereof  for  at  least  ten  days  in  one  or  more  daily  news- 
papers published  in  the  county;  provided,  that,  if  there  be  no  daily  paper  published  in 
the  county,  then  by  three  publications  in  a  weekly  paper  published  therein.  Every  con- 
tract shall  be  let  to  the  lowest  responsible  bidder,  who  shall  give  such  security  as  the 
harbor  commission  shall  require  for  the  full  and  faithful  performance  of  said  contract, 
and  the  amount  and  kind  of  security  required  shall  be  stated  in  the  advertisement  for 
bids;  provided,  however,  that  the  board  of  supervisors  may  authorize  the  harbor  com- 
mission to  make  contracts  without  advertising  for  bids  for  any  part  of  the  work  the 
cost  of  which  does  not  exceed  five  hundred  ($500)  dollars;  and  provided,  further,  that 
the  harbor  commission  may  reject  any  and  all  bids,  and  re-advertise  for  bids  for  doing 
the  whole  or  any  part  of  said  work,  or  the  harbor  commission,  in  its  discretion,  maj-, 
with  the  approval  of  the  board  of  supervisors,  purchase  material,  hire  or  purchase 
machinery,  apparatus  or  appliances  and  employ  labor  and  do  the  work  or  any  part 
thereof  without  re-advertising  for  bids. 


Act  1877,  §§  8-12  GENERAL   LAWS.  «aO 

Character  of  improvements, 

^  8.  All  improvenKiil,  development,  or  protection  of  any  harbor  done  under  this  act 
shall  be  of  a  substantial  and  permanent  character. 

Statement  of  proceedings. 

^  9,  The  harbor  commission  shall,  once  in  each  six  months,  make  out  and  verify  under 
their  oath,  and  file  with  the  board  of  supervisors,  a  detailed  statement  of  their  pro- 
ceedings, showing  the  amount  of  money  in  the  harbor  fund  at  the  time  of  their  last 
report  and  the  amount  of  all  donation  since  received,  and  the  purpose  for  which  said 
donations  were  made,  the  amount  since  expended,  with  the  purjiose  for  which  it  was 
expended,  and  the  balance  remaining  on  hand  in  the  said  fund;  provided,  that  the 
board  of  supervisors  may  at  any  time  require  a  report  of  the  progress  of  any  work 
being  done  and  of  the  condition  of  the  harbor  being  improved,  developed  or  protected, 
and  such  other  information  as  the  board  of  supervisors  may  deem  necessary. 

Compensation  of  commission. 

§  10.  Each  member  of  the  harbor  commission  shall  receive  a  per  diem  of  five  dollars 
for  each  day  actually  and  necessarily  spent  in  the  discharge  of  his  or  her  duties  under 
this  act,  together  with  his  or  her  necessary  traveling  expenses  to  be  allowed  by  the 
board  of  supervisors  upon  verified  demands  presented  by  each  commissioner  and  paid 
monthly.  Prior  to  the  voting  of  bonds,  in  any  and  all  work  under  this  act,  the  board 
of  supervisors  shall  have  power  to  incur,  permit  to  accrue,  audit,  approve  and  pay  any 
demand,  debt  or  obligation  against  the  county  in  a  sum  not  to  exceed  five  thousand 
dollars  in  the  aggregate;  provided,  that  the  board  of  supervisors  may,  by  a  four-fifths 
vote  of  said  board  of  supervisors,  permit  the  expenditure  of  an  additional  five  thousand 
dollars,  but  said  additional  five  thousand  dollars  shall  be  upon  a  showing  of  necessity 
by  the  harbor  commission  and  not  exceeding  one  thousand  dollars  shall  be  appropriated 
at  any  one  time. 

Money  out  of  general  fund. 

All  of  said  money  shall  be  paid  out  of  the  general  fund  of  the  county  until  there  shall 
be  money  in  the  harbor  fund  sufficient  to  reimburse  the  general  fund  of  the  county, 
when  the  same  shall  be  reimbursed,  and  thereafter  all  sums  shall  be  paid  out  of  the 
said  harbor  fund. 

Use  of  money  in  conjunction  with  U.  S.  or  state. 

§  11.  Anything  in  this  act  to  the  contrary  notwithstanding,  there  is  hereby  vested 
in  the  board  of  supervisors  the  power  on  recommendation  of  the  harbor  commission 
to  use  any  and  all  moneys  in  said  harbor  fund  in  conjunction  with  the  government  of 
the  United  States  or  the  state  of  California  in  any  harbor  improvement,  development 
or  protection  undertaken  by  said  government  or  state,  or  to  place  all  or  any  moneys 
in  such  fund  at  the  disposal  of  the  government  of  the  United  States  or  of  the  state  of 
California  for  use  in  the  improvement,  development  or  protection  of  any  such  harbor. 

Final  report  of  commission. 

§  12.  Whenever  the  harbor  commission  under  the  terms  of  this  act  shall  cease  to 
exist,  it  shall  make  a  final  report  to  the  board  of  supervisors  and  file  all  books,  records 
and  papers  appurtenant  to  the  commission  and  of  all  work  done  under  it  with  the 
board  of  supervisors,  and,  if  the  same  shall  be  approved  by  the  board  of  supervisors, 
the  harbor  commission  shall  be  discharged  from  their  duty  and  their  bonds  from  that 
date  exonerated. 


I 


921  HARBOR    COMMISSIONERS.  ActB  1878,  1S73,  gg  1-4 

PAYMENT  OF  CLAIM  OF  FIDELITY  AND  DEPOSIT  COMPANY  OF  MARYLAND. 
ACT  1878 — An  act  to  authorize  the  hoard  of  state  harhor  commissioners  of  San  Fran- 
cisco harhor  to  pay  the  claim  of  the  Fidelity  and  Deposit  Company  of  Maryland. 

History:    Approved  May  31,  1917.     In  effect  July  30,   1917.     Stats. 
1917,  p.  1514. 

Claim  of  Fidelity  and  Deposit  Company  of  Maryland. 

$  1.  The  board  of  state  harbor  commissioners  of  San  Francisco  harbor  is  hereby 
authorized  to  pay  the  claim  of  the  Fidelity  and  Deposit  Company  of  Maryland  in  the 
sum  of  one  thousand  two  hundred  eighteen  dollars  and  ninety-one  cents. 

ACQUISITION  OF  MISSION  ROCK. 

ACT  1879 — An  act  to  authorize  the  board  of  state  harbor  commissioners  to  acquire  by 

purchase,  condemnation,  gift,  grant  or  cession,  certain  property    in    the    city    and 

county  of  San  Francisco,  including  Mission  rock,  and  extending  the  jurisdiction  of 

said  board  over  the  same,  and  providing  for  the  payment  for  the  same. 

History:    Approved  May  17,  1917.     In  effect  July  27,   1917.     Stats. 
1917,  p.  625. 

Board  of  state  harbor  commissioners  authorized  to  acquire  certain  property. 

$  1.  For  the  purpose  of  acquiring  additional  area  for  the  eonstruclion  of  docks, 
wharves,  slips  and  piers  and  increasing  the  harbor  facilities  on  the  water  front  of  the 
city  and  county  of  San  Francisco,  the  board  of  state  harbor  commissioners  is  hereby 
authorized  and  empowered  to  acquire,  when  in  its  discretion  it  is  deemed  for  the  best 
interests  of  the  harbor,  by  purchase,  condemnation,  gift,  grant  or  cession,  for  and  on 
behalf  of  the  state  of  Califoi-nia,  all  that  certain  tract  or  parcel  of  land  situated  in  the 
city  and  county  of  San  Francisco,  state  of  California,  and  particularly  described  as 
follows,  to  wit :  Commencing  at  a  point  in  the  bay  of  San  Francisco,  distant  three 
thousand  five  hundred  seventy  feet  southeasterly  from  the  southerly  corner  of  Bran- 
nan  and  Second  streets,  as  the  same  are  laid  down  on  the  official  map  of  said  city,  said 
distance  being  measured  along  the  extension  southeasterly  of  the  southwesterly  line  of 
Second  street;  thence  in  a  southwesterly  direction,  at  right  angles  with  said  line  of 
Second  street  extended,  five  hundred  feet;  thence  at  right  angles  southeasterly  eight 
hundred  feet;  thence  at  right  angles  northeasterly  eight  hundred  feet;  thence  at  right 
angles  northwesterly  eight  hundred  feet;  and  thence  at  right  angles  southwesterly  three 
hundred  feet,  to  the  point  of  commencement;  said  tract  of  land  being  a  square,  including 
the  rock  known  as  Mission  rock,  together  with  the  wharves  and  other  improvements 
thereupon  and  the  appurtenances  thereunto  belonging. 

Jurisdiction  extended. 

$  2.  The  jurisdiction  of  said  board  shall  be  and  it  is  hereby  extended  so  as  to  include 
all  of  the  land  described  in  section  one  of  this  act. 

How  acquired. 

§  3.  The  portion  of  said  tract  that  is  held  in  private  ownership  may  be  separately 
acquired  by  said  board,  and  the  portions  that  are  owned  by  the  United  States  of 
America  may  be  separately  acquired  by  said  board,  and  said  board  is  hereby  authorized 
to  accept  from  the  United  States  a  cession  or  gift  or  grant  of  said  last  named  portions, 
if  the  same  can  be  obtained,  or  to  acquire  the  same  by  purchase  or  condemnation,  in 
its  discretion. 

Action  for  condemnation. 

§  4.  The  board  of  state  harbor  commissioners  may  institute  any  action  or  actions 
that  may  be  necessary,  and  prosecute  the  same  to  final  judgment,  for  the  condemnation 


Act  1882,  §§  1-4  GENERAL   LAWS.  822 

of  any  portion,  or  portions,  of  the  said  tract  of  land,  and  the  purposes  herein  mentioned 
are  hereby  declared  to  be  a  public  use,  in  behalf  of  which  the  right  of  eminent  domain 
may  be  exercised  by  the  board  of  state  harbor  commissioners  for  and  in  the  name  of 
the  people  of  the  state  of  California,  for  the  estates  and  rights  specified  in,  and  in 
the  manner  provided  in  part  three,  title  seven  of  the  Code  of  Civil  Procedure  of  the 
state  of  California. 

Price  payable  from  what  funds. 

§  5.  The  board  of  state  harbor  commissioners  is  hereby  authorized  to  pay  the  pur- 
chase price  thereof,  or  any  judgment  rendered  in  pursuance  hereof  in  such  condemna- 
tion proceedings,  by  drafts  drawn  upon  the  controller  of  the  state,  who  shall  draw  his 
warrant  or  warrants  therefor  on  the  state  treasurer,  payable  out  of  any  money  in  the 
state  treasury  to  the  credit  of  the  "San  Francisco  harbor  improvement  fund"  or  of  the 
"Third  San  Francisco  seawall  fund,"  or  partly  from  one  and  partly  from  the  other  of 
said  funds,  in  the  discretion  of  said  board  of  state  harbor  commissioners. 

HASTINGS  COLLEGE  OF  LAW. 

See  Kerr's  Cyc.  Political  Code,  §$1478,  et  seq. 

CHAPTER  142. 
HAY. 

CONTENTS  OF  CHAPTER. 
ACT  1882.     Standard  Hay  Baling  Act. 

STANDARD  HAT  BALING  ACT. 

ACT  1882 — An  act  relating  to  baling  of  hay;  defining  hay-baler;  providing  regnlationa 

governing  the  baling  of  hay;  providing  for  the  sale  of  hay  by  net  weight;  providing 

penalties  for  any  violation  of  the  provisions  of  this  act. 

History:    Approved  May  18,  1919.     In  effect  July  22,  1919.     Stats. 
1919,  p.  750. 

"Baler"  and  "presser"  defined. 

$  1.  The  term  "baler"  or  "presser"  as  referred  to  in  this  act  shall  mean  the  per- 
son, firm,  association,  or  corporation  owning  or  having  possession  of  or  operating  a 
hay  press. 

Scales  to  be  tested  and  sealed. 

$  2.  Any  person  baling  hay  for  compensation  shall  employ  scales  that  have  been 
tested  and  sealed  by  the  sealer  of  weights  and  measures  and  any  record  of  weight 
forming  the  basis  in  settlement  for  baling  hay  shall  be  the  true  net  weight  of  the  baled 
hay;  and  any  record  of  weight  forming  the  basis  of  settlement  in  the  sale  or  purchase 
of  baled  hay  shall  be  the  true  net  weight  of  such  baled  hay. 

Falsely  increasing  weight. 

$  3.  No  baler  or  presser  of  hay  shall  put  or  conceal  in  any  such  bale  of  hay  any- 
thing whatever  for  the  purpose  of  increasing  the  weight  of  such  bale  with  intent  to 
defraud. 

Standard  weight. 

$  4.  Hay  when  sold,  offered,  or  exposed  for  sale  shall  be  sold  by  avoirdupois  weight 
and  a  ton  shall  consist  of  two  thousand  pounds  net  weight;  providing,  however,  that 
hay  may  be  sold  by  the  bale  in  which  case  the  net  weight  of  the  bale  shall  be  indicated 
on  a  tag  securely  fastened  to  the  bale. 


1 


023  HIi:RMOSA    BE^ACH.  Act  1894.  g  1 

Broken  bales. 

^  5.  When  any  hay  is  shipped  by  a  common  carrier  in  bales  and  where  such  bales 
become  broken,  the  approximate  weight  of  such  broken  bales  shall  be  included  in  the 
total  weight  of  the  hay  shipped. 

Penalty. 

$  6.  Any  person,  firm  or  corporation,  violating  any  of  the  provisions  of  this  act 
shall  be  guilty  of  a  misdemeanor  and  shall  be  punished  by  a  line  of  not  less  than  fifty 
dollars,  or  more  than  one  hundred  dollars. 

HAYWARD. 

See  Act  3094,  note. 

HEALDSBURG. 

See  Act  3094,  note. 

HEALTH. 

See  "Public  Health. '» 

HEMET. 

See  Act  3094,  note. 

HERCULES. 

See  Act  3094,  note. 


CHAPTER  143. 

HERMOSA  BEACH. 
Reference:    Incorporation,  see  Act  3094,  note. 

CONTENTS  OP  CHAPTER. 

ACT  1894.     Tide  Land  Geant. 

TIDE  LAND  GRANT. 

ACT  1894 — An  act  granting  to  the  city  of  Hennosa  beach  the  tidelands  and  submerged 

lands  of  the  state  of  California  within  the  boundaries  of  the  said  city. 

History:    Approved  May  25,   1919.     In  effect  July  25,  1919.     Stats. 
1919,  p.  941. 

Tidelands  granted  to  Hennosa  beach. 

$  1.  There  is  hereby  granted  to  the  city  of  Hermosa  beach,  a  municipal  corporation 
of  the  state  of  California,  and  to  its  successors,  all  the  right,  title  and  interest  of  the 
state  of  California,  held  by  said  state  by  virtue  of  its  sovereignty,  in  and  to  all  the 
tidelands  and  submerged  lands,  whether  within  the  present  boundaries  of  said  city, 
and  situated  below  the  line  of  mean  high  tide  of  the  Pacific  ocean,  to  be  forever  held 
by  said  city,  and  by  its  successors,  in  trust  for  the  uses  and  purposes,  and  upon  the 
express  conditions  following,  to  wit: 

Use  of  lands. 

(a)  Said  lands  shall  be  used  by  said  city  and  by  its  successors,  solely  for  the  estab- 
lishment, improvement  and  conduct  of  a  harbor  and  for  the  establishment  and  con- 
struction of  bulkheads  or  breakwaters  for  the  protection  of  lands  within  its  bound- 
aries, or  for  the  protection  of  its  harbor,  and  for  the  construction,  maintenance  and 
operation  thereon  of  wharves,  docks,  piers,  slips,  quays,  and  other  utilities,  structures 
and  appliances  necessary  or  convenient  for  the  promotion  or  accommodation  of  com- 
merce and  navigation,  and  the  protection  of  the  lands  within  said  city,  and  said  city, 


Act  1804  GKNKRAI-    LAWS.  924 

or  its  successors,  shall  not,  at  any  time,  giant,  convey,  give  or  alien  said  lands,  or  any 
part  thereof,  to  any  individual,  firm  or  corporation  for  any  purpose  whatsoever;  pro- 
vided, that  said  city,  or  its  successors,  may  grant  franchises  thereon,  for  a  period  not 
exceeding  forty  years,  for  wharves  and  other  public  uses  and  purposes,  and  may  lease 
said  lands,  or  any  part  thereof  for  a  period  not  exceeding  forty  years,  for  purposes 
consistent  with  the  trusts  upon  which  said  lands  are  held  by  the  state  of  California 
and  with  the  requirements  of  commerce  or  navigation  at  said  harbor; 

Improvement  of  harbor. 

(b)  Said  harbor  shall  be  improved  by  said  city  without  expense  to  the  state,  and 
shall  always  remain  a  public  harbor  for  all  purposes  of  commerce  and  navigation,  and 
the  state  of  California,  shall  have,  at  all  times,  the  right  to  use,  without  charge,  all 
wharves,  docks,  piers,  slips,  quays,  and  other  improvements  constructed  on  said  lands, 
or  any  part  thereof,  for  any  vessel  or  other  water  craft,  or  railroad,  owned  or  operated 
by  the  state  of  California; 

Bates,  tolls,  etc. 

(c)  In  the  management,  conduct  or  operation  of  said  harbor,  or  of  any  of  the  utili- 
ties or  appliances  mentioned  in  paragraph  (a),  no  discrimination  in  rates,  tolls,  or 
charges,  or  in  facilities,  for  any  use  or  service  in  connection  therewith  shall  ever  be 
made,  authorized  or  permitted  by  said  city  or  by  its  successors.  The  absolute  right 
to  fish  in  the  waters  of  said  harbor,  with  the  right  of  convenient  access  to  said  waters 
over  said  lands  for  said  purpose,  is  hereby  reserved  to  the  people  of  the  state  of 
CAlifornia. 

CHAPTER  144. 

HIGHWAYS. 

References:   See,  generally,  Kerr's  Cyc.  Political  Code,  tit.  VI,  chap.  II,  articles  I  to  IX, 

§§  2618,  et  seq. 
Also,  see  tits.  "Motor  Vehicles";  "Streets." 

CONTENTS  OF  CHAPTER. 

ACT  1900.     "Good  Roads  Law"  of  1907. 

1900a.  County  Joint  Highway  Districts. 

1900b.  County  Joint  Highways — National  Military  Highways— State  Co-operation. 

1900e.  National  Rural  Post  Roads — State  Co-opebation. 

1902.  Boulevard  District  Act  of  1911. 

1903.  Highway  Protection  Act  op  1915. 

1910.  Road  District  Improvement  Act  of  1907. 

1910a.  Work  on  State  Highways  by  Local  Authorities. 

1911.  Highway  Lighting  Districts. 

1911a.  Lighting  District  Validation  Act  of  1915. 

1912.  Shade  and  Ornamental  Tree  Act  of  1913. 

1913.  County  Highway  Maintenance  Act  of  1911. 

1914.  Payment  by  Counties  of  Interest  on  State  Highway  Bonds. 

1915.  Right  of  "Way  for  Highways  and  Roads  Over  Pubuc  Lands. 

1916.  State  Highways  Act. 
1916a.  State  Highways  Act  of  1915. 
1916b.  Special  Election  on  Highway  Amendment  to  Constitution. 

1917.  Acquisition  of  Rights  of  Way  and  Rock  Quarries  by  Counties. 
1917a.  Openings  and  Obstructions  in  State  Highways. 
1917b.  Abandonment  Act  of  1915. 
1917c.  Convict  Labor  on  State  Highavays. 
1917d.  Road  Division  Validation  Act  of  1917. 

1918.  State  Aid  Highways  in  Counties  and  Towns. 

1919.  Purchase  of  "Big  Oak  Flat"  and  "Yosemite  and  Wawona"  Boads. 

1920.  Lake  Tahoe  Wagon  Road. 
1920a.  Bridge  on  Lake  Tahoe  Wagon  Road, 


i 


925  HIGHWAYS.  Act  1900. 9  i 

1920b.  Placeeville  and  Lake  Tahoe  Wagon  Eoad. 

1921.  State  Highway  From  Meyers'  Station  to  McKinneys. 

1922.  Alpine  State  Highway. 

1923.  State  Highway  From  Emigrant  Gap  to  Donner  Lake — Construction. 

1924.  State  Highway  From  Emigrant  Gap  to  Conner  Lake — Maintenance. 

1925.  Emigrant  Gap  Stai'e  Road — Change  of  Grade. 

1926.  Lassen  County  State  Highway. 

1927.  Alturas  to  Cedarville  County  Eoad. 

1928.  State  Highway  From  Sacramento  to  Folsom. 

1929.  State  Highway  From  Mount  Pleasant  Ranch  to  Downieville. 

1930.  Declaring  Part  of  Sonora  and  Mono  Wagon  Road  a  State  Highway. 

1931.  Sonora  and  Mono  State  Highway. 

1932.  Trinity-Humboldt  State  Highway. 

1933.  Free  Wagon  Road  From  Mono  Lake  Basin  to  the  "Tioga  Road." 

1934.  Mono  Lake  Basin  State  Road — Extension  op. 

1935.  Trinity-Tehama-Shasta-Humboldt  State  Highway. 

1936.  Trinity-Tehama-Shasta-Humboldt  State  Highway — Completion. 

1937.  Trinity-Tehama-Shasta-Humboldt  State  Highway — Survey  of  Extension. 

1939.  Kings  River  State  Highway. 

1940.  Bakersfield,  Maricopa  and  Ventura  State  Highway. 

1941.  Wagon  Road  From  McKinneys  to  Donner  Lake  Declared  a  State  Highway. 
1941a.  Purchase  of  Portion  of  Great  Sierra  Wagon  Road,  oa  "Tioga  Road." 

1942.  Big  Oak  Flat  and  Yosemite  Road,  a  State  Highway. 
1942a.  "Yolo  and  Lake  Highway." 

1943.  Tahoe  City  and  Crystal  Bay  State  Highway. 
1943a.  State  Highway  From  Kern  County  to  Nordhofp. 
1943b.  Highway  From  .  Surprise  Valley  to  the  Nevada  Line. 
1943c;  Highway  From  Pescadero  to  California  Redwood  Park. 
1943d.  Pasadena  State  Highway. 

1943e.  State  Highway  From  Saratoga  Gap  to  California  Redwood  Park. 

1944.  State  Highway  From  San  Bernardino  to  Redlands. 

1944a.  Taking  Over  Road  in  Boulder  Creek  Township,  Santa  Cruz  County. 
1944b.  Highway  Between  Susanville  and  the  Nevada  Line. 

1945.  Highway  From  Truckee  to  the  Nevada  Line. 
1945a.  Highway  From  Butte  County  Highway  to  Willows. 

1945b.  Declaring  the  Public  Highway  From  Long  Barn  to  Sonora  a  Public  State 
Highway. 

1946.  Report  on  Road  Laws. 


"GOOD  ROADS  LAW"  OF  1007. 
ACT  1900— An  act  providing  for  the  laying  out,  constructing,  straightening,  improve- 
ment and  repair  of  main  public  highways  in  any  county,  providing  for  the  voting, 
issuing,  and  selling  of  county  bonds  and  the  acceptance  of  donations  to  pay  for  such 
work  and  improvements,  providing  for  a  highway  commission  to  have  charge  of  such 
work  and  improvements,  and  authorizing  cities  and  towns  to  improve  the  portions 
of  such  highways  within  their  corporate  limits  and  to  issue  and  sell  bonds  therefor. 

History:  Approved  March  19,  1907,  Stats.  1907,  p.  666.  Amended 
March  6,  1909,  Stats.  1909,  p.  154;  March  28,  1911,  Stats.  1911,  p.  505; 
April  3,  1911,  Stats.  1911,  p.  589;  December  24,  1911,  Stats.  1911  (ex. 
sess.),  p.  65;  May  26,  1913..  In  effect  August  10,  1913,  Stats,  1913, 
p.  327;  April  20,  1917.    In  effect  July  27,  1917.    Stats.  1917,  p.  154. 

Bonds  for  county  highways,  appointment  of  commission. 

§  1.  The  board  of  suioervisors  of  any  county  in  the  state,  upon  receiving  a  petition 
signed  by  freeholders  electors  of  the  county  equal  in  number  to  at  least  ten  per  cent 
of  the  vote  cast  for  governor  in  said  county  at  the  last  election,  praying  that  the  matter 
of  issuing  bonds  of  the  county  for  highway  purposes  be  submitted  to  the  electors  of  the 
county,  may  appoint  a  highway  commission  for  such  county,  who  shall  perform  the 
duties  hereinafter  specified. 


Act  1900,  §§  2-5  CENEHAL,  LAWS. 

County  highway  commission,  how  constituted,  and  terms  of  memhers. 

$  2.  Said  highway  commission  shall  consist  of  three  members,  who  shall  be,  and  have 
been  for  two  years,  bona  fide  residents  and  freeholders  of  such  county,  and  shall  be 
especially  qualified  to  have  charge  of  the  improvement  of  highways.  Said  commis- 
sioners shall  be  appointed  to  serve  for  the  term  of  two  years  and  until  their  successors 
are  appointed  and  qualified,  and  any  vacancy  in  the  commission  shall  be  filled  by  ap- 
pointment for  the  unexpired  term ;  provided,  however,  that  when  the  proposition  for  the 
issuance  of  bonds  fails  to  carry  at  the  election  held  under  section  seven  of  this  act,  or 
when  all  the  highway  improvements  for  which  bonds  are  voted  under  said  section  seven 
are  completed,  or,  if  there  is  a  surplus  in  the  highway  improvement  fund  after  comple- 
tion thereof,  when  said  surplus  has  been  expended  on  other  highways,  the  existence  of 
said  highway  commission  shall  cease.  Thereafter  another  commission  may  be  appointed 
under  section  one  hereof.  Each  commissioner  shall  give  a  bond  for  the  faithful  per- 
formance of  his  duties,  to  be  approved  by  the  board  of  supervisors,  in  such  amount  as 
said  board  may  require.  No  member  of  the  board  of  supervisors  can  act  or  be  appointed 
as  a  commissioner  under  this  act.  [Amendment  approved  Dec.  24,  1911,  Stats.  1911, 
p.  65  (extra  session).] 

This  section  was  also  amended  March  27,  1911,  Stats.  1911,  p.  505. 

Main  highway  defined. 

§  3.  For  the  purpose  of  this  act  a  main  public  highway  is  defined  to  be  a  highway 
connecting  different  cities  and  towns  in  the  same  or  different  counties,  or  connecting 
any  city  or  town  in  one  county  with  the  public  highway  system  of  another  county.  Pro- 
vision may  be  made  under  this  act  for  the  improvement  of  any  number  of  such  high- 
ways jointly,  to  be  paid  for  with  the  proceeds  of  one  bond  issue. 

Duty  of  commissioners.    New  highways. 

§  4.  Iramediatel}'^  upon  their  appointment  said  commission  shall  proceed  with  all  dili- 
gence to  investigate  carefully  the  main  public  highways  of  the  county  and  the  condition 
thereof,  and  to  have  made  a  map  showing  said  main  public  highways,  their  connections, 
and  such  other  information  in  regard  thereto  as  the  commission  may  deem  necessary 
for  carrying  out  the  purposes  of  this  act,  and  to  ascertain  which  of  said  main  public 
highway's  should  be  improved  by  the  issuance  of  bonds,  and  the  kind  of  improvements  to 
be  made  thereon,  and  to  estimate  the  cost  of  such  improvements.  And  also  to  investi- 
gate carefully  the  question  of  laying  out  and  constructing  any  new  public  highways 
which  said  commission  may  deem  necessary  to  be  laid  out  and  constructed  in  the  county, 
and  to  have  made  a  map  showing  said  proposed  new  public  highways,  their  connections, 
and  such  other  information  in  regard  thereto  as  the  commission  may  deem  necessary 
for  carrying  out  the  purposes  of  this  act,  and  to  ascertain  whether  any  of  said  new 
public  highways  should  be  laid  out  and  constructed  by  the  issuance  of  bonds,  and  the 
kind  of  improvements  to  be  made  thereon,  and  to  estimate  the  cost  of  such  improve- 
ments. [Amendment  api^roved  March  6,  1909.  Stats.  1909,  p.  154.  In  effect  imme- 
diately.] 

Employment  of  engineer. 

§  5.  With  the  consent  of  the  board  of  supervisors  they  may  employ  a  competent  engi- 
neer or  engineers  and  other  experts,  at  the  cost  of  the  county,  to  make  any  necessarj 
surveys  and  prepare  said  map,  and  to  assist  the  commission  in  determining  the  best 
material  to  be  used  and  the  best  manner  of  making  such  improvements  and  the  cost 
thereof.  All  surveys  made  for  the  purpose  of  deteinnining  the  location  of  highways 
shall  be  approved  by  the  county  surveyor  before  the  same  as  [are]  adopted  by  the 
commission. 


I 


927  HIGHWAYS.  Act  1900,  §g  6-9 

Report  of  'board  of  supervisors. 

$  6.  After  having  ascertained  what  improvements  should  be  made,  and  the  estimated 
cost  thereof  proposed  to  be  covered  by  a  bond  issue,  the  commission  shall  make  and  file 
with  the  board  of  supervisors  a  report  setting  forth  the  main  public  highway  or  high- 
ways proposed  to  be  improved,  by  their  termini,  describing  generally  the  kind  of 
improvements  to  be  made  thereon,  and  stating  the  estimated  cost  of  the  work  to  be 
done,  and  the  amount  to  be  raised  by  bonds  therefor,  and  praying  the  said  board  of 
supervisors  to  call  an  election  for  the  issuance  of  bonds  of  the  county  therefor,  for  the 
estimated  amount. 

Election  to  determine  whether  honds  shall  he  issued. 

$  7.  If  said  report  is  not  approved  by  the  board  of  supervisors  they  may  refer  it  back 
to  said  commmission  for  further  consideration.  If  the  board  approve  the  report  they 
shall  adopt  the  same,  and  shall  without  delay  call  an  election  to  determine  whether 
bonds  of  the  county  shall  be  issued  in  the  amount  recommended  by  the  commission,  for 
the  purposes  stated  in  their  report.  Said  election  shall  be  called  and  held  and  said 
bonds  issued,  sold  and  paid  under  and  in  accordance  with  all  the  provisions  of  law  now 
or  hereafter  existing  in  regard  to  the  issuance,  sale  and  payment  of  county  bonds,  and 
all  proceedings  had  in  regard  to  such  bonds  shall  be  in  accordance  with  such  provisions 
of  law;  provided  however,  that  the  board  may  form  bond  election  precincts  by  consoli- 
dating the  precincts  established  for  general  election  purposes  to  a  number  not  exceeding 
six  for  each  bond  election  precinct,  and  shall  appoint  only  one  inspector,  two  judges 
and  one  clerk  for  each  bond  election  precinct,  and  provided  further,  that  it  shall  be 
sufficient  to  set  forth  the  purpose  of  the  bond  issue  in  said  proceedings  by  describing 
the  highways  to  be  improved  as  the  same  are  described  in  said  report  of  the  highway 
commission.  Any  defect  or  irregularity  in  the  proceedings  prior  to  the  calling  of  such 
election  shall  not  affect  the  validity  of  the  bonds. 

Sale  of  bonds.    Surplus  of  funds.    Donations. 

$  8.  Said  bonds  shall  not  be  sold  for  less  than  par,  and  the  proceeds  thereof  shall 
be  paid  into  the  treasury  of  the  county  and  placed  in  a  special  fund  to  be  denominated 
the  "highway  improvement  fund";  and  shall  be  used  solely  for  the  purposes  set  forth 
in  said  report  of  the  highway  commission,  or  such  other  purposes  as  are  authorized  by 
this  act;  provided  that  if  there  shall  be  any  surplus  of  funds  voted  for  the  improvement 
of  any  road  or  roads  after  the  completion  thereof,  such  surplus  may  be  used  for  the 
improvement  of  other  main  public  highways,  under  the  control  and  direction  of  the 
highway  commission.  The  highway  commission  may  receive  and  accept  donations  from 
any  person  for  any  work  which  they  are  authoinzed  to  have  done,  and  the  same  shall 
also  be  paid  into  the  said  fund.  No  moneys  shall  be  paid  out  of  said  fund  except  upon 
the  warrant  of  the  auditor  of  said  county  issued  upon  the  order  of  the  highway  com- 
mission, duly  allowed  by  the  board  of  supervisors  thereof. 

Supervision  of  work.    Plans  and  profiles.     Contracts  for. 

§  9.  The  doing  of  the  work  for  which  said  bonds  are  issued  shall  be  under  the  super- 
vision and  direction  of  the  highway  commission;  provided,  that  the  final  acceptance 
thereof  shall  be  by  the  board  of  supervisors.  As  soon  as  the  funds  raised  by  the  sale 
of  said  bonds  are  in  the  treasury  the  commission  shall  proceed  to  prepare  detailed 
specifications,  plans  and  profiles  for  the  work  to  be  done,  or  for  such  parts  of  it  as  they 
deem  it  advisable  to  have  done  separately,  if  they  have  not  already  done  so,  and  for  this 
purpose  they  may  hire  assistants,  with  the  consent  of  the  board  of  supervisors;  and 
they  shall  then  present  said  specifications,  plans  and  profiles,  with  their  recommenda- 
tions in  regard  to  the  doing  of  the  work  and  letting  of  contracts  to  the  board  of  super- 
visors, who  shall  either  adopt  or  reject  the  same  as  presented-    If  the  board  adopt  the 


Act  1000,  §  10  GENERAL   LAWS.  928 

same  they  shall  thereupon  advertise  for  bids  for  doing  the  said  work,  or  any  part 
thereof  which  the  highway  commission  recommend  should  be  done  separately,  in  ac- 
cordance with  said  plans,  profiles,  and  specifications,  by  publishing  a  notice  for  ten  days 
in  a  daily  newspaper  or  two  weeks  in  a  weekly  newspaper  published  at  the  county  seat. 
Every  contract  for  doing  any  part  of  said  work  shall  be  let,  after  advertisement  as 
above  provided,  to  the  lowest  responsible  bidder  who  will  give  security  for  the  faithful 
performance  of  his  contract,  with  sureties  satisfactory  to  the  board  of  supervisors,  in 
such  amount  as  they  may  fix,  which  shall  be  stated  in  said  advertisement;  provided, 
however,  that  the  board  may  authorize  the  highway  commission  to  make  contracts,  with- 
out advertisement,  for  any  part  of  said  work  the  cost  of  which  does  not  exceed  one 
thousand  dollars;  and  provided,  further  that  the  board  may  reject  all  bids  and  may 
thereupon  readvertise  for  bids  for  doing  any  part  or  the  whole  of  said  work,  or  in  their 
discretion  authorize  the  highway  commission  to  purchase  the  necessary  material,  pur- 
chase or  hire  tools  and  appliances,  and  hire  laborers,  and  to  do  the  work  or  any  part 
thereof  without  letting  any  contract  therefor.  In  such  case  all  contracts  for  materials, 
tools  or  appliances,  amounting  to  more  than  one  thousand  dollars  in  value  shall  be  let 
by  the  commission  to  the  lowest  responsible  bidder,  after  advertisement  as  above  pro- 
vided. Said  commission  may,  with  the  consent  of  the  board  of  supervisors,  hire  all 
necessary  engineers,  inspectors  and  superintendents  to  supervise  the  performance  of 
said  contract,  or  to  have  charge  of  the  doing  of  said  work  without  contract. 

Improvements  must  be  durable.    Highway  shall  not  be  used  by  railroad.    Use  of  high- 
way by  railroad  in  incorporated  city. 

§  10.  All  improvements  constructed  under  this  act  shall  be  of  a  durable  and  lasting 
character;  provided,  that  said  commission  shall  have  the  power  to  determine  how  said 
highways  shall  be  improved  and  constructed,  and  the  character  of  the  materials  to  be 
used  in  the  improvement  and  construction  thereof.  If  said  commission  shall  determine 
that  said  highways,  or  any  of  them,  shall  be  macadamized  or  paved,  then  the  macad- 
amized or  paved  portion  of  the  roadbed  constructed  or  any  highway  portion  thereof 
improved  under  this  act,  shall  not  exceed  eighteen  feet  in  width,  unless  donations  are 
made  to  the  highway  commission  for  that  purpose,  in  which  case  such  donations  may 
be  used  to  defray  the  increased  cost  of  constructing  such  macadamized  or  paved  road- 
bed more  than  eighteen  feet  wide  on  any  part  of  such  highway  specified  by  the  donors; 
but  no  part  of  the  proceeds  of  any  bond  issue  shall  be  expended  for  such  purpose.  No 
railroad,  electric  road,  or  street  railroad  shall  be  constructed  along  or  upon  any  high- 
way, or  any  portion  thereof,  improved  under  the  provision  of  this  act,  except  for  cross- 
ings duly  authorized  by  the  board  of  supervisors,  nor  shall  any  board  of  supein^isors 
have  power  to  grant  any  franchise  for  the  construction  of  any  railroad,  electric  road,  or 
street  railroad  along  or  upon  any  such  highway  or  portion  thereof,  except  for  cross- 
ings; provided,  that  when  any  such  highway  or  portion  thereof  shall,  after  the  improve- 
ment of  the  same  under  the  provisions  of  this  act,  be  included  within  the  boundaries  of 
any  incorporated  city,  city  and  county  or  town  the  foregoing  provisions  of  this  section 
shall  not  prohibit  the  granting  of  any  such  franchise  by  the  proper  municipal  authori- 
ties along,  upon  or  across  any  such  highway,  or  portion  thereof  so  included  within  the 
boundaries  of  any  such  incorporated  city,  city  and  county,  or  town.  Any  such  fran- 
chise shall  be  granted  only  upon  the  express  condition  that  the  grantee  thereof  will 
pay  to  the  county  for  the  benefit  of  the  general  fund  thereof  an  amount  equal  to  the 
cost  of  the  improvement  or  construction  of  such  portion  of  the  roadbed  or  highway 
constructed  or  improved  under  the  provisions  of  this  act  as  shall  be  occui^ied  by  the 
track  or  tracks  of  such  railroad,  electric  road  or  street  railroad.  [Amendment  of  April 
20,  1917.     In  effect  July  27,  1917.     Stats.  1917,  p.  154.] 

This  section  was  also  amended  in  1909,  atata.  1909,  p.  155;  in  1911,  Stats.  1911,  p.  589; 
May   2G,   1913,  Stats.   1913,   p.  327. 


I 

i 


929  HIGHWAYS.  Act  1900,  §§  11-16 

Eminent  domain. 

§  11.  Whenever  the  said  highway  commission  shall  deem  it  necessarj'-,  the  board  of 
supervisors  may,  on  its  recommendation,  cause  any  highway  it  pro^DOses  to  improve  to 
be  widened,  straightened,  or  altered,  and  cause  new  highways  to  be  laid  out  and  con- 
structed, and  for  that  purpose  they  may  acquire  land  in  the  name  of  the  county  by 
donation  or  purchase;  and  may  order  the  condemnation  of  such  land  and  direct  the 
district  attorney  to  bring  an  action  in  the  name  of  the  county  for  that  purpose  under 
the  provisions  of  the  Code  of  Civil  Procedure  in  relation  to  eminent  domain.  In  such 
action  the  order  of  the  board  of  supervisors  shall  be  conclusive  evidence  of  the  regu- 
larity of  all  prior  proceedings.  The  cost  of  purchasing  or  condemning  such  land  shall 
be  paid  out  of  the  highway  improvement  fund.  [Amendment  approved  March  6,  1909. 
Stats.  1909,  p.  155.     In  effect  immediately.] 

Incorporated  city  may  improve  portion  of  highway. 

$  12.  No  part  of  any  highway  lying  within  the  corporate  limits  of  any  incorporated 
city  or  town  shall  be  improved  under  the  provisions  of  this  act;  but,  when  any  highway 
which  is  being  so  improved  shall  pass  through  any  incorporated  city  or  town,  said  city 
or  town  is  hereby  authorized  to  improve  the  portion  of  such  highway  lying  within  its 
corporate  limits,  and  for  the  purpose  of  raising  the  necessary  funds  therefor,  to  issue 
bonds  in  such  manner  as  may  be  provided  by  law  for  the  issuing  of  bonds  by  such  city 
or  town  for  public  improvements. 

Repairs. 

$  13.  All  necessary  repairs  to  any  highway  improved  under  this  act  shall  be  made 
by  the  same  officers  who  may  be  charged  with  the  duty  of  repairing  other  highways  of 
the  county,  and  the  cost  of  such  repairs  shall  be  paid  out  of  the  general  fund  of  the 

county. 

Highway  commission  to  file  statement,  when. 

§  14.  Said  highway  commission  shall,  at  least  once  in  every  six  months,  make  and 
tile  with  the  board  of  supervisors  a  detailed  statement  of  their  proceedings,  showing 
the  amount  of  money  in  the  highway  improvement  fund  at  the  time  of  their  last  state- 
ment, the  amount  of  all  donations  since  received,  and  the  purposes  for  which  said  dona- 
tions were  made,  the  amount  since  expended,  with  the  purposes  for  which  it  was 
expended  and  the  balance  remaining,  the  contracts  entered  into  or  other  obligations 
incurred  by  them  and  still  outstanding,  the  highways  in  course  of  improvement  or  com- 
pleted since  their  last  statement,  and  the  condition  of  the  work  on  each,  together  with 
any  other  information  that  they  may  consider  of  interest  to  the  public. 

Per  diem  of  commissioners.    From  what  fund  paid. 

§  15.  Each  member  of  said  highway  commission  shall  receive  a  per  diem  of  five 
dollars  for  each  day  actually  and  necessarily  spent  in  the  discharge  of  his  duties, 
together  with  his  actual  necessary  traveling  expenses,  to  be  allowed  by  the  board  of 
supervisors  and  paid  monthly.  Said  per  diem  and  expenses  and  all  other  demands 
against  the  county  which  said  highway  commission  are  authorized  to  incur  shall  be 
paid  out  of  the  general  fund  of  the  county  until  there  shall  be  money  in  the  highway 
improvement  fund  derived  from  the  sale  of  bonds,  whereupon  the  general  fund  shall  be 
reimbursed  from  the  highway  improvement  fund  for  the  amounts  so  expended,  and 
thereafter  said  per  diem  and  expenses  and  other  demands  shall  be  paid  out  of  said 
highway  improvement  fund;  provided  however,  that  after  the  preparation  and  filing  of 
their  report  and  recommendation  for  the  issuance  of  bonds  the  members  of  said  highway 
commission  shall  not  receive  any  per  diem  or  expenses  unless  there  is  money  in  said 
highway  improvement  fund  to  pay  the  same. 

§  16.     This  act  shall  take  effect  immediately. 

Gen.  Laws — 59 


Act  190Oa,  8§  1-B  GENERAL  LAWS.  MO 

JOINT  HIGmVAY  DISTRICTS. 

ACT  1900a — An  act  providing  for  the  creation,  organization  and  government  of  joint 

highway  districts  composed  of  two  or  more  counties  of  the  state  of  California. 

History:  Approved  April  5,  1917.  In  effect  July  27,  1917.  Stats. 
1917,  p.  46.  Act  of  April  6,  1917,  Stats.  1917,  p.  88,  providing  for  per- 
mits for  the  construction  and  maintenance  of  highways  and  boulevards 
connecting  with  its  highways  and  boulevards  by  one  county  in  adjoin- 
ing counties,  was  repealed  May  5,  1919,  Stats.  1919,  p.  323. 

Joint  highway  district  may  be  created. 

^  1.  A  joint  highway  district,  to  be  composed  of  two  or  more  counties  may  be 
created,  organized  and  governed  for  the  purpose  of  constructing  public  highways 
therein  as  in  this  act  provided.  The  word  "county"  as  used  in  this  act  shall  include 
any  "city  and  county,"  but  such  city  and  county  is  herein  regarded  solely  as  a  political 
.subdivision  of  the  state,  and  not  as  a  municipality. 

Resolution  initiating  proceedings. 

§  2.  The  board  of  supervisors  of  any  county  may  initiate  proceedings  for  the  crea- 
tion of  a  joint  highway  district  to  be  composed  of  two  or  more  counties  of  the  state  by 
the  adoption  of  a  resolution  reciting: 

(a)  That  the  public  interest  requires  the  construction  of  a  public  highway,  stating 
generally  the  location  and  course  thereof,  and  naming  the  counties  in  or  through  which 
such  highway  will  pass. 

(b)  The  names  of  the  counties  interested  in  and  which  will  be  benefited  by  such 
highway  construction. 

(c)  That  it  is  proposed  to  create  a  joint  highway  district  composed  of  the  counties 
so  named. 

When  adopted,  certified  copies  of  the  same  shall  be  transmitted  to  the  advisory  board 
of  the  state  engineering  department  of  the  state  of  California,  a'nd  to  the  clerks  of  the 
boards  of  supervisors  of  the  counties  named  in  the  resolution. 

§  3.  Immediately  upon  receipt  of  a  copy  of  the  resolution  adopted  as  aforesaid,  the 
said  advisory  board,  either  at  a  regxilar  or  special  meeting,  shall  fix  a  time  and  place 
in  the  county  adopting  the  resolution  at  which  the  matter  of  the  creation  of  a  joint 
highway  district  will  be  heard  and  determined.  Notice  of  such  hearing  shall  be  pub- 
lished five  days  in  one  daily  newspaper  published  in  each  of  the  counties  named  in  said 
resolution,  or  two  times  in  a  newspaper  published  less  than  six  days  a  week  or  if  no 
newspaper  be  published  in  any  county  then  such  notice  shall  be  posted  in  three  public 
places  in  such  county  for  a  period  of  ten  days.  The  time  fixed  for  such  hearing  shall 
be  not  less  than  thirty  nor  more  than  forty  days  from  the  date  of  meeting  at  which  the 
said  advisory  board  caused  such  notice  to  be  given. 

Proof  of  publication. 

$  4.  Proof  of  the  publication  shall  be  made  by  the  affidavit  of  the  publisher,  man- 
ager or  principal  clerk  of  the  newspaper  making  such  publication,  or  person  posting  the 
notice,  and  such  notice,  the  publication,  or  posting  thereof  and  proof  thereof  shall  be 
sufficient  to  vest  said  advisory  board  of  the  state  engineering  department  with  jurisdic-: 
tion  and  power  to  hear,  determine  and  order  the  creation  of  the  proposed  joint  high-; 
way  district.  A  copy  of  such  notice  shall  be  mailed  to  the  clerk  of  the  board  of  j 
supervisors  of  each  of  the  counties  named  in  the  initiatory  resolution. 

Board  of  directors  named. 

§  5.  Upon  the  receipt  of  sxich  notice  it  shall  be  the  duty  of  each  of  the  board?  of 
supervisors  to  name  and  appoint  either  one  of  its  members  or  some  other  suitable  person 


931  HIGHAVAYS.  Act  1900a,  §§  6-10 

and  each  of  the  persons  so  appointed  shall  constitute  a  member  of  the  board  of  direc- 
tors of  the  joint  highway  district  when  created.  It  shall  be  the  duty  of  each  of  the 
persons  so  appointed  to  attend  the  hearing  fixed  by  the  said  advisory  board.  The  said 
directors  so  appointed,  may  meet  from  time  to  time  in  advance  of  the  time  fixed  for  said 
hearing  and  may  make  and  enter  into  an  agreement  limiting  the  amount  to  be  assessed 
upon  each  of  the  counties  to  comprise  the  district  when  formed,  and  such  limitation  so 
agreed  upon  shall  not  thereafter  be  changed  except  by  the  unanimous  vote  of  all  the 
directors. 

Objections  to  creating  district. 

5  6.  At  the  time  and  place  fixed  for  said  hearing  any  person  may  appear  and  offer 
objections  to  the  creation  of  the  joii*t  highway  district,  and  the  said  advisory  board 
shall  hear  such  objections  and  may  continue  such  hearing  from  time  to  time  and  all 
parties  shall  be  deemed  to  have  notice  of  any  such  continuance. 

Order  creating  district. 

§  7.  At  the  conclusion  of  such  hearing  the  said  advisory  board  shall  determine  all 
matters  relating  to  the  creation  of  such  joint  highway  district  and  may  sustain  or  over- 
rule any  objection  offered.  The  objections  offered  need  not  be  specifically  set  forth, 
but  may  be  sustained  or  overruled  in  general  terms.  An  objection  made  by  any  person 
appointed  a  member  of  the  proposed  board  of  directors  shall  prevent  the  creation  of 
the  district.  If  no  objections  are  made  or  if  all  objections  shall  be  overruled,  then  the 
said  advisory  board  shall  make  and  enter  in  its  minutes  an  order  creating  such  joint 
highway  district.  The  order  shall  contain  the  names  of  the  several  counties  composing 
the  district  and  the  names  of  the  persons  constituting  its  board  of  directors.  Districts 
shall  be  numbered  in  the  order  of  their  creation.  A  certified  copy  of  such  order  shall 
be  filed  with  the  secretary  of  state  and  transmitted  to  the  clerks  of  the  several  boards 
of  supervisors  of  the  counties  composing  the  district.  Upon  the  filing  of  the  said  order 
with  the  secretary  of  state  said  joint  highway  district  shall  be  deemed  created  and 
organized,  and  shall  exercise  all  of  the  powers  granted  by  this  act,  and  shall  be  a  public 

corporation  under  the  designation  of  "joint  highway  district  No of  the  state  of 

California. ' ' 

Purpose  of  districts. 

§  8.  The  purpose  for  which  the  joint  districts  may  be  created  is  to  provide  the 
necessary  authority  and  means  to  construct  and  maintain  the  highway  described  in  the 
initiatory  resolution  in  and  through  the  several  counties  constituting  the  district;  such 
highway  to  be  continuous  and  afford  adequate  intercommunication  for  vehicular  traffic. 
This  act  shall  be  so  construed  as  to  facilitate  the  accomplishment  of  this  purpose. 

Board  of  directors  to  manage  district. 

$  9.  Said  joint  highway  districts  shall  be  managed,  and  the  powers  herein  conferred 
thereon,  shall  be  exercised  by  a  board  of  directors.  Said  directors  shall  be  chosen  and 
appointed  as  follows:  One  by  the  board  of  supervisors  of  each  of  the  counties  com- 
posing said  district  either  from  its  members  or  other  suitable  person.  Said  directors 
shall  serve  during  the  pleasure  of  the  appointing  power.  They  shall  receive  no  com- 
pensation for  their  services,  but  may  be  allowed  actual  expenses  incurred  by  them  in 
connection  with  the  discharge  of  their  duties  under  this  act. 

Place  of  business.     Secretary.    President.    Vice  president. 

§  10.  Said  board  shall  fix  a  place  within  the  district  for  the  transaction  of  its  busi- 
ness, but  may  hold  its  meetings  from  time  to  time  in  any  place  in  said  district  that 
will  best  serve  the  convenience  of  the  public.  A  majority  of  the  members  shall  be 
necessary  to  constitute  a  quorum  for  the  transaction  of  business.    It  may  make  all  rules 


Act  1900a,  §§  11-13  GENERAL.   LAWS.  »32 

necessary  to  the  orderly  transaction  of  such  business.  It  shall  appoint  a  secretary; 
may  employ  such  additional  clerical,  or  legal  or  engineering  service  as  may  be  required 
from  time  to  time  and  fix  the  compensation  to  be  paid  therefor.  Said  board  shall 
organize  within  thirty  days  from  the  date  of  the  creation  of  the  district  and  the  time 
and  place  of  meeting  for  pui^poses  of  organization  shall  be  fixed  by  the  director  chosen 
by  the  supervisors  of  the  county  adopting  the  initiatory  resolution.  It  shall  choose  one 
of  its  members  as  president  of  the  board,  who  shall  preside  at  its  meetings.  A  vice 
president  shall  be  appointed  who  shall  act  in  the  absence  or  disability  of  the  president. 
The  president  shall  perform  such  duties  as  the  board  may  designate. 

Powers.     Construct  highways.     Accept  gifts,  etc.     Acquire  lands.     Eminent  domain. 
Personal  property.    Labor.    Keep  funds.    Sue.'  Seal. 

$  11.     Said  joint  highwaj'  district  through  its  board  of  directors  shall  have  power — 

To  lay  out,  construct  and  maintain  a  highway  as  specified  in  section  three  of  this  act. 

To  accept  in  the  name  of  the  district  all  gifts,  donations  or  contributions  from  any 
source  whatsoever  made  to  further  the  purpose  of  this  act,  and  the  counties  composing 
the  district  may  convey  such  public  highways  as  may  be  utilized  as  a  part  of  the  high- 
way herein  authorized  to  be  constructed. 

To  acquire  necessary  lands,  or  rights  of  way  for  purposes  of  such  highway. 

To  exercise  the  right  of  eminent  domain  necessary  to  acquire  lands  or  rights  of  way 
for  highway  purposes. 

To  acquire  and  use  such  personal  property  as  may  be  necessary  in  the  exercise  of  the 
powers  herein  granted. 

To  employ  such  labor  and  service  as  may  be  necessary. 

To  ari'ange  for  the  safe  keeping  of  all  funds  belonging  to  the  district  and  to  this  end 
may  appoint  a  treasurer  or  depositary,  and  exact  from  him  such  bonds  or  other  security 
as  may  be  proper. 

To  sue  and  be  sued. 

To  adopt  a  seal. 

Contingent  fund. 

$  12.  For  the  purpose  of  providing  a  contingent  fund  for  the  district  and  to  meet 
the  incidental  expenses  thereof,  the  boards  of  supervisors  of  the  several  counties  com- 
prising the  district  are  hereby  authorized  and  directed  to  appropriate  from  any  money 
received  by  such  counties  under  the  provisions  of  the  "vehicle  act,"  in  effect  Jan- 
uary 1,  1916,  or  any  act  in  continuance  thereof  or  supplemental  thereto,  such  percentage 
thereof  as  may  be  determined  by  the  board  of  directors  of  the  joint  district  by  a  reso- 
lution adopted  by  a  vote  of  all  of  its  members.  Such  sums  so  appropriated  shall  bo 
paid  by  a  warrant  drawn  in  the  name  of  the  joint  highway  district,  and  shall  be 
deposited  with  the  treasurer  or  depositary  of  the  district. 

Survey  of  highway.    Report  by  engineer. 

§  13.  As  soon  as  practicable  after  the  organization  of  the  board  of  directors  of  the 
district,  said  board  shall  cause  to  be  surveyed  and  located  the  highway  authorized  by 
this  act  to  be  constructed  or  such  portion  thereof  as  may  be  deemed  expedient,  and  foi. 
that  purpose  may  employ  an  engineer  and  necessary  assistants.  Upon  the  completion 
of  such  survey  the  engineer  shall  file  a  report  thereof  with  the  board  of  directors 
together  with  all  necessary  maps,  drawings  and  plans  of  construction,  other  tha;: 
detailed  drawings  and  specifications,  also  an  estimate  covering  the  cost  of  the  comple- 
tion of  said  highway,  including  rights  of  way  therefor  and  interest  to  be  paid  during 
construction. 


9S3  HIGHWAYS.  Act  1900a,  §§  14-18 

Hearing  on  report 

$  14.  Upon  filing  said  report  the  board  of  directors  shall  fix  a  time  and  place  for 
considering  the  same.  The  hearing  thereon  may  be  continued  from  time  to  time  or  from 
place  to  place  in  the  different  counties,  if  so  desired. 

Assessment  covering  estimated  cost. 

Upon  such  hearing  being  had  said  board  of  directors  shall  make  an  assessment  cover- 
ing such  estimated  cost,  upon  the  state  of  California,  and  the  several  counties  comprising 
the  district  according  to  the  benefits  that  may  result  from  the  construction  of  such 
highway  to  said  state  and  counties  and  the  people  residing  therein,  or  may  assess  not 
to  exceed  one-fourth  of  such  estimated  cost  upon  such  land  in  private  ownership  as  may 
be  benefited  thereby  in  the  manner  provided  by  this  act. 

Order  determining  benefits. 

§  15.  Upon  the  conclusion  of  such  hearing  such  board  of  directors  shall  make  an 
order  determining  the  amount  of  the  benefits  to  accrue  to  the  state  and  to  each  county 
comprising  the  district  and  to  the  people  residing  therein  and  shall  make  an  assessment 
against  the  state  and  said  counties  in  proportion  to  the  benefits  so  to  accrue,  in  a  sum 
equal  to  said  estimated  cost,  or  as  much  thereof  as  may  be  necessary,  but  said  estimated 
cost  if  deemed  excessive  may  be  reduced  to  such  an  amount  as  the  board  of  directors 
shall  seem  proper.  The  amount  of  such  assessment  shall  be  certified  to  and  trans- 
mitted to  the  state  board  of  control  and  to  the  boards  of  supervisors  of  the  counties 
constituting  the  district. 

Appeal  to  advisory  board. 

$  1(1.  In  case  the  state  board  of  control  or  the  board  of  supervisors  deem  that  the 
assessment  imposed  upon  the  state  or  such  county  be  excessive  or  that  it  has  been 
inequitably  treated,  the  state  board  of  control  or  such  board  of  supervisors,  within 
forty  days  from  the  receipt  of  the  certificate  referred  to  in  the  preceding  section,  may 
appeal  from  the  order  of  the  board  of  directors  of  the  district  to  the  advisory  board 
of  the  state  engineering  department.  Such  appeal  shall  be  in  writing  and  set  forth, 
the  nature  of  the  objection  and  a  copy  thereof  shall  be  filed  with  the  board  of  directors 
of  the  district,  with  the  advisory  board  of  the  state  engineering  department  and  with 
the  boards  of  supervisors  of  the  counties  constituting  the  district. 

Hearing.    Judgment. 

$  17.  Upon  filing  such  appeal,  the  said  advisory  board  shall  have  jurisdiction  to  hear 
and  determine  the  same.  It  may  take  testimony  and  hear  all  parties  interested.  It 
may  change  or  modify  any  of  the  plans  of  the  engineer,  and  may  reduce  the  estimate  of 
cost  or  change  or  modify  any  assessment  or  make  a  new  assessment.  Its  judgment  shall 
be  final  and  conclusive,  and  a  copy  thereof  shall  be  filed  with  the  state  board  of  control 
and  with  the  boards  of  supervisors  of  the  counties  composing  the  district. 

Assessment  charge  on  state  and  counties.    Installments.     Time  for  payment  of  first 

installment. 

$  18.  The  amount  of  the  assessment  imposed  by  the  board  of  directors  of  the  district, 
or  by  the  said  advisory  board,  shall  be  a  charge,  respectively,  upon  the  state  and  the 
counties  composing  the  district  to  the  amount  determined  as  hei'ein  provided,  and  shall 
be  payable  in  five  annual  installments;  provided,  that  should  any  installment  exceed  a 
sum  equal  to  that  which  could  be  raised  by  a  tax  of  five  cents  upon  each  one  hundred 
dollars  of  assessed  valuation  as  the  same  appears  upon  the  assessment  roll  of  a  county,, 
then  in  the  case  of  such  county  the  number  of  annual  installments  may  be  increased 
to  such  a  number  that  the  amount  of  each  installment  will  be  less  than  that  which 
would  result  from  the  levy  of  such  tax.     The  first  installment  shall  be  payable  on  or 


Act  1900a,  §§  10-21  GENERAL.  LAWS.  034 

before  the  first  day  of  January  following  the  filing  of  the  assessment  with  the  state 
board  of  control  and  boards  of  supervisors;  provided,  said  assessment  shall  have  been 
so  filed  prior  to  the  first  day  of  September  preceding;  otherwise  it  shall  be  payable  on 
the  first  day  of  the  second  January  succeeding  such  filing.  The  remaining  installment 
shall  be  payable  on  the  same  day  in  each  succeeding  year. 

Payment  of  installments. 

§  19.  On  or  before  the  time  fixed  by  law  for  levying  taxes  for  county  purposes,  the 
boards  of  supervisors  of  each  county  composing  the  district  shall  make  provision  for 
the  payment  of  the  amount  of  the  installment  of  the  assessment,  either  by  the  payment 
of  the  same  from  the  moneys  received  from  the  state  as  herein  stated  or  from  a  tax 
levied  for  that  purpose,  which  tax  shall  be  in  addition  to  all  taxes  levied  for  county 
purposes.  The  amount  assessed  against  the  state  in  the  discretion  of  the  state  board  of 
control  may  be  paid  in  one  installment  and  from  any  fund  now  available,  or  which  may 
hereafter  be  made  available  for  the  purpose,  or  out  of  special  appropriations  for  the 
purpose  made  by  the  legislature.  Moneys  shall  be  paid  by  the  state  treasurer  upon 
warrants  duly  drawn  by  the  controller  of  the  state,  upon  demands  made  by  the  state 
engineering  department  and  audited  by  the  state  board  of  controL 

"Construction  fund." 

§  20.  All  moneys  received  by  the  joint  highway  district,  unless  otherwise  provided 
herein,  shall  be  kept  in  a  fund  to  be  named  "construction  fund"  and  shall  be  paid  out 
upon  the  order  of  the  board  of  directors  only  for  the  construction  of  the  highway 
herein  provided. 

"Revenue  bonds."    Maturity. 

$  21.  At  any  time  after  the  assessment,  either  against  the  state,  the  several  counties 
or  the  land  within  an  assessment  district  has  been  made,  the  board  of  directors  of  the 
district  may  anticipate  the  payment  thereof  and  may  issue  "revenue  bonds"  against  the 
fund  into  which  shall  be  paid  all  sums  paid  on  account  of  the  assessments  imposed. 
The  maturity  of  any  bonds  issued  shall  be  subsequent  to  the  date  upon  which  any 
installment  of  assessment  is  due  and  the  amount  to  become  due  shall  not  exceed  the 
amount  of  such  installment  of  assessment  available  to  pay  the  same.  The  intent  of 
the  foregoing  provision  is  that  there  shall  be  available  for  the  payment  of  the  principal 
and  interest  of  all  bonds  issued  a  sum  sufficient  to  pay  the  same  at  the  time  such  interest 
and  principal  become  due,  and  it  shall  be  the  duty  of  the  board  of  directors  to  make 
provision  for  the  payment  of  all  bonds  issued  and  interest  thereon  prior  to  their  sale 
and  delivery. 

Board  of  directors  determine  form,  etc.    Interest  rate. 

The  bonds  shall  be  issued  at  such  times  and  in  such  amounts  as  may  be  required  to 
meet  the  payment  of  the  demands  of  the  district,  as  may  be  determined  by  the  board 
of  directors.  The  form,  denomination,  rate  of  interest,  time,  place  and  manner  of 
paj-ment  and  all  matters  relating  to  such  issuance  shall  be  determined  by  the  board  of 
directors  of  the  district;  provided,  that  the  rate  of  interest  shall  not  exceed  five  per 
centum  per  annum. 

Purchase  by  state  board  of  control. 

The  bonds  so  issued  shall  be  sold  in  such  amounts  as  the  board  of  directors  may 
determine.  The  state  board  of  control  is  hereby  authorized  to  purchase  such  bonds  and 
pay  for  them  out  of  any  sui-plus  money  in  the  state  treasury  which,  in  its  judgment, 
shall  not  be  required  for  governmental  purposes  prior  to  the  maturity  of  such  bonds 
The  boards  of  supervisors  of  the  several  counties  shall  likewise  have  authority  to  pur- 
chase such  bonds  with  any  surplus  funds  under  their  control. 


935  HIGHWAYS.  Act  1900a,  §8  23, 23 

Highway  assessment  district. 

$  22.  Whenever  it  shall  appear  to  the  satisfaction  of  the  board  of  directors  that 
any  land  under  private  ownership  will  be  benefited  by  the  coustruction  of  the  highway 
herein  provided  for,  said  board  of  directors,  after  the  receipt  of  the  report  and  esti- 
mates of  costs  herein  required  to  be  made  and  filed,  may  adopt  a  resolution  of  intention 
substantially  in  the  following  form; 

Resolution  of  intention. 

RESOLUTION  OF  INTENTION. 

Whereas,  It  appears  to  the  satisfaction  of  the  board  of  directors  of  joint  highway 

district  number of  the  state  of  California,  that  land  under  private  ownership 

will  be  benefited  by  the  construction  of  a  highway  provided  for  in  an  act  entitled: 
"An  act  providing  for  the  creation,  organization  and  government  of  joint  highway 
districts  composed  of  two  or  more  counties  of  the  state  of  California,"  therefore  be  it 

Resolved,  That  it  is  the  intention  of  the  board  of  directors  of  said  joint  highway 
district  to  create  a  highway  assessment  district  to  comprise  all  the  land  under  private 
ownership  within  the  following  boundaries  to  wit:  (Here  set  forth  the  boundaries  of 
the  proposed  district). 

Further  resolved,  That  it  is  the  intention  to  assess  the  sum  of  $ ,  being  a 

part  of  the  estimated  cost  of  said  highway  construction  as  appears  upon  the  report  of 
the  district  engineer  filed  in  the  office  of  the  board  of  directors  of  said  district,  upon 
the  land  within  the  boundaries  of  said  proposed  district  as  herein  described  in  the 
manner  provided  in  said  act. 

Further  resolved,  That the. . .  .day  of 19. . .  .at  the  hour  of 

at  (meeting  place  of  the  board  of  directors)  is  hereby  fixed  as  the  time  and  place  for 
hearing  all  objections  that  may  be  made  to  the  creation  of  said  district  or  the  amount 
of  beaefits  to  be  assessed  as  aforesaid;  also  to  hear  and  determine  all  claims  for  damages 
that  may  result  from  the  construction  of  the  highway  aforesaid. 

Reference  to  the  aforesaid  report  of  the  district  engineer  for  further  particulars  is 
here  made. 

Adopted  by  the  board  of  directors  of  joint  highway  district  number.... of  the  state 
of  California,  this day  of 19 ... . 


Attest V  Directors. 

Secretary, 
Time  for  hearing. 

The  time  of  hearing  shall  be  not  less  than  thirty  nor  more  than  forty  days  from  the 
date  of  the  adoption  of  the  above  resolution. 

Notice  of  resolution.    Proof  of  publication. 

§  23.  The  board  of  directors  shall  cause  a  notice  of  the  passage  of  such  resolution 
including  a  copy  of  the  same  to  be  published  five  times  in  a  daily  newspaper  of  general 
circulation  published  in  each  of  the  counties  composing  the  district  or  two  times  in  a 
newspaper  published  less  than  six  days  a  week,  or  if  no  newspaper  be  published  in  any 
county  then  such  notice  shall  be  posted  in  three  public  places  in  such  county  for  a 
period  of  ten  days.  The  first  publication  in  each  of  said  counties  shall  be  within  five 
days  after  the  adoption  of  said  resolution  of  intention.  Such  notice  shall  be  headed 
by  the  words  "notice  of  intention  to  create  highway  assessment  district."  Proof  of 
the  publication  of  such  notice  shall  be  made  by  affidavit  filed  in  the  office  of  the  secre- 
tary of  the  board  of  directors  and  such  publication  and  proof  shall  be  held  sufficient 
to  vest  jurisdiction  in  the  board  of  directors  to  hear  and  determine  all  matters  author- 
ized by  this  act  to  be  so  heard  at  the  time  and  place  of  hearing  fixed  by  the  said  reso- 
lution of  intention. 


Act  19003,  §§21-27  GEN E^RAL  LAWS.  036 

Posting  of  notices. 

The  board  of  directors  shall  also  cause  to  be  conspicuously  posted  within  fifty  feet  of 
all  points  where  the  highway  proposed  to  be  constructed  shall  intersect  existing  public 
highways  two  copies  of  the  notice  herein  required  to  be  published.  Said  notice  shall 
be  headed  as  herein  specified  and  the  words  of  said  heading  shall  be  in  type  at  least  two 
inches  in  height  and  the  body  of  said  notice  shall  be  set  in  what  is  known  as  twelve- 
point  or  pica  type.  Said  notices  shall  be  posted  within  ten  days  from  the  date  of  the 
adoption  of  the  resolution  of  intention. 

District  engineer  to  prepare  map. 

^  24.  The  district  engineer  shall  be  directed  to  prepare  a  map  showing  the  exterior 
boundaries  of  the  proposed  district,  the  line  of  the  proposed  highway,  intersecting  high- 
ways, boundary  lines  of  the  counties,  (he  separate  parcels  of  land  within  the  district 
and  names  of  the  owners  thereof  as  nearly  as  the  same  may  be  ascertained  from  the 
records  of  the  assessor's  office  in  the  several  counties.  Said  map  shall  be  completed 
before  the  date  set  for  the  hearing. 

Objections. 

$  25.  Any  person  who  may  be  affected  by  the  creation  of  the  proposed  assessment 
district  may  make  objection  thereto.  Objections  shall  be  in  writing  by  the  objector  or 
his  agent  and  filed  prior  to  the  day  fixed  for  the  hearing.  Objections  may  be  made  to 
the  boundaries  of  the  district  or  to  the  amount  of  the  assessment  proposed  to  be  im- 
posed. Claims  for  damages  to  result  from  the  construction  of  the  highway  or  the  grade 
thereof  as  delineated  upon  the  map  or  profile  drawings  of  the  district  made  by  district 
engineer  shall  also  be  presented  prior  to  the  day  of  hearing  and  a  failure  to  present  such 
claims  shall  be  deemed  to  be  an  express  waiver  thereof. 

Hearing  of  objections. 

5  26.  At  the  time  fixed  in  the  resolution  of  intention  for  hearing  objections,  or  at 
such  time  as  such  hearing  may  be  continued,  and  all  parties  shall  be  deemed  to  have 
notice  of  such  continuance,  the  board  of  directors  shall  hear  and  determine  all  objec- 
tions that  may  be  made  and  it  shall  be  competent  for  said  board  to  hear  and  determine 
any  or  all  objections  of  every  kind  or  nature  even  though  such  objections  shall  not  be 
expressly  authorized  by  this  act,  and  also  may  pass  upon,  compromise  or  determine  any 
claim  for  damages  presented  as  herein  provided. 

Changing  boundaries,  etc.    Claims  for  damages.    Order  by  board  of  directors. 

5  27.  At  the  conclusion  of  the  hearing  the  board  of  directors  may  change  the  boun- 
daries of  the  proposed  district,  but  may  not  include  any  territory  outside  thereof,  may 
reduce  the  total  amount  of  the  assessment  proposed  to  be  imposed,  change  or  modify 
any  grades  of  a  proposed  highway  and  may  sustain  or  overrule  any  other  objections  or 
generally  overrule  all  objections  that  may  have  been  made.  It  may  also  reject  or 
approve  in  whole  or  in  part  any  claim  for  damages.  The  total  amount  of  all  claims  for 
damages  that  may  be  allowed  shall  be  added  to  the  estimate  of  the  cost  of  the  proposed 
highway  and  one-fourth  of  such  amount  of  claims  may  be  added  to  the  amount  of 
assessment  proposed  to  be  imposed  unless  such  estimate  shall  already  have  provided 
for  such  damages. 

All  matters  pertaining  to  the  hearing  having  been  heard  and  determined,  the  board 
of  directors  shall  cause  an  order  to  be  entered  in  its  minutes  ordering  the  construction 
of  the  proposed  highway,  creating  a  highway  assessment  district  for  the  purposes  of 
this  act  and  describing  the  boundaries  of  the  highway  assessment  district  in  accordance 
with  this  determination,  declare  the  amount  of  the  assessment  to  be  imposed  and 
nss->ssing  the  same  upon  the  land  within  the  district,  which  shall  be  deemed  to  he  the 
benefits  thereto  accruing  from  such  proposed  highway  construction,  and  the  same  to  be 


i 


937  HIGHWAYS.  Act  1900a,  §8  28-34 

distributed  to  and  imposed  upon  the  several  parcels  of  land  within  the  district  and  to 
be  paid  as  in  this  act  provided,  and  fix  the  number  of  annual  installments  in  which  such 
assessment  may  be  paid.  All  objections  not  specifically  set  forth  in  said  order  shall  be 
deemed  to  have  been  disallowed  and  overruled.  The  order  shall  also  approve  the  map 
of  the  district  made  as  herein  provided. 

Order  sent  to  assessors  and  recorders. 

$  28,  Copies  of  said  order  and  the  map  so  approved  shall  be  forthwith  transmitted 
to  the  assessor  and  recorder  of  the  several  counties  comprising  the  joint  highway  dis- 
trict. The  recorder  shall  record  said  order  and  map  as  provided  by  law  without  charge 
therefor.  The  assessor  shall  preserve  said  map  and  in  making  any  assessment  roll 
shall  cause  all  parcels  of  land  within  the  assessment  districts  to  be  separately  valued  so 
that  the  value  of  all  the  land  therein  shall  be  definitely  ascertained. 

Statement  of  total  assessed  value. 

§  29.  On  or  before  the  fifteenth  day  of  August  in  each  year  the  auditor  of  each  of 
the  counties  composing  the  district  shall  certify  and  transmit  to  the  secretary  of  the 
joint  highway  district  a  statement  showing  the  total  assessed  value  of  the  land  within 
his  county  included  in  the  assessment  district  created  as  herein  provided. 

Secretary  to  determine  amount  of  installment. 

$  30.  Immediately  upon  receipt  of  the  statements  required  by  the  preceding  section, 
the  secretary  of  said  joint  highway  district  shall  ascertain  the  amount  of  the  install- 
ment of  the  assessment  due  and  to  be  paid  within  the  year  thereafter.  The  sum  so 
ascertained  shall  be  the  amount  to  be  raised  by  taxation  upon  all  the  property  within 
the  assessment  district.  He  shall  apportion  the  said  amount  to  the  several  counties 
composing  the  district  according  to  the  assessed  value  of  the  land  therein  as  certified 
and  shall  transmit  to  the  clerk  of  the  board  of  supervisors  of  each  of  said  counties  a 
statement  showing  the  total  assessed  value  of  the  land  within  these  counties  included  in 
the  assessment  district  and  the  amount  of  money  required  to  be  raised  by  a  tax  imposed 
thereon. 

Levy  of  special  tax  in  district. 

$  31.  At  the  time  and  in  the  manner  provided  by  law  for  the  levying  of  taxes  by 
board  of  supervisors,  the  board  of  supervisors  in  each  of  the  counties  composing  the 
joint  highway  district  shall  levy  a  special  tax  upon  all  the  land  within  the  highway 
assessment  district  and  within  the  county,  sufficient  to  raise  the  sum  of  money  required 
by  this  act  and  as  certified  by  the  secretary  of  the  joint  highway  district. 

Collected  at  time  of  county  tax. 

§  32.  The  tax  so  levied  shall  be  computed  and  collected  in  the  time  and  manner 
required  by  law  for  the  computation  and  collection  of  taxes  for  county  purposes  and 
the  land  subject  to  such  tax  shall  be  subject  to  the  same  penalties  for  delinquencies, 
and  the  same  provisions  of  law  relating  to  the  sale  and  redemption  of  land  for  non- 
payment of  county  taxes,  shall  apply  to  the  tax  herein  authorized. 

Moneys  paid  to  treasurer. 

§  33.  All  money  collected  as  the  proceeds  of  a  tax  levied  as  herein  provided  shall 
be  paid  by  the  tax  collector  to  the  treasurer  of  the  joint  highway  district  and  placed 
to  the  credit  of  the  funds  of  the  district  as  herein  provided. 

Additional  reports. 

$  34.  It  is  hereby  expressly  provided  that  the  entire  highway  originally  described 
need  not  be  provided  for  in  the  report  of  the  engineer  made  as  provided  in  section 
thirteen  of  this  act.  Additional  reports  may  be  made  from  time  to  time  as  the  same 
shall  be  deemed  expedient  and  provide  for  the  construction  of  other  sections  of  such 
higliway.     The  cost  of  such  additional  portions  shall  be  provided    for    in    the    same 


Act  lOCOa,  §§  3S-40  G&NE:RAL   LAWS.  938; 

manner  as  herein  provided  for  in  the  case  of  the  first  report  and  additional  assessments^ 
may  be  made  in  like  manner.    Additional  assessments  may  be  imposed  in  case  the  cost] 
of  construction  exceeds  the  estimate  made  or  in  case  any    assessment    shall    be   held 
invalid  for  any  reason. 

Contract  let  to  lowest  bidder.    Construction  by  board  of  directors.    Eight-hour  day. 

^  35.  The  work  of  construction  shall  be  done  by  contract  let  to  the  lowest  responsible 
bidder  after  advertisement  for  bids  therefor  shall  have  been  made  by  publication  in  a 
newspaper  of  general  circulation  published  within  the  district  for  a  period  of  ten  days 
prior  to  the  receipt  of  such  bids.  Bonds  for  the  faithful  performance  of  the  contract 
and  for  the  payment  of  claims  for  labor  and  material  shall  be  required  of  the  successful 
bidder.  However,  if  it  should  appear  to  the  satisfaction  of  the  board  of  directors  that 
the  bids  were  excessive  or  that  collusion  existed  among  bidders  so  as  to  prevent  proper 
competition  then  the  board  of  directors  are  authorized  to  purchase  the  necessary 
material,  machinery  and  equipment  and  employ  labor  to  perform  the  work  of  con- 
struction. The  board  of  directors  may  acquire  rock  quarries  or  deposits  of  road 
material  or  if  it  is  to  the  advantage  of  the  district  may  purchase  material  and  furnish 
the  same  to  contractors.  A  maximum  of  eight  hours  shall  constitute  a  day 's  labor  and 
three  dollars  shall  be  the  minimum  charge  paid  for  such  day's  labor  performed  upon 
the  work  of  construction. 

Advisory  board  to  control  expenditure  of  state  funds. 

$  36.  In  case  it  shall  be  determined  that  any  sum  of  money  authorized  to  be 
expended  from  the  state  treasury  shall  be  expended  as  required  by  section  twenty-two 
of  article  IV  of  the  constitution,  then  the  advisory  board  of  the  state  engineering 
department  shall  have  the  exclusive  management  and  control  of  such  expenditure,  but 
such  advisory  board  may,  in  its  discretion,  delegate  its  powers  to  the  board  of  directors 
of  the  joint  highway  district  and  said  joint  highway  district  is  hereby  declared  to  be  a 
state  institution  within  the  meaning  of  said  constitution.  The  board  of  directors  of 
the  district  may  vest  in  the  state  engineering  department  authority  to  supervise  the 
work  of  construction. 

Necessary  repairs. 

$  37.  Until  the  completion  of  said  highway,  all  necessary  repairs  thereto  shall  be 
held  to  be  a  necessary  part  of  the  construction  thereof  and  may  be  made  either  by  con- 
tract or  by  the  board  of  directors  and  the  cost  thereof  paid  from  the  construction  fund. 

Negotiations  with  United  States. 

§  38.  In  case  the  governmental  authorities  of  the  United  States  should  desire  to 
include  such  highway  in  any  scheme  of  national  defense  and  use  or  assume  the  use  of 
the  same  for  military  or  other  purposes,  the  board  of  directors  of  the  joint  highway 
district  either  directly  or  through  the  state  engineering  department  may  enter  into 
negotiations  respecting  the  same  and  enter  into  such  agreements  as  may  be  mutually 
satisfactory. 
Regulations  by  board  of  directors. 

$  39.  The  board  of  directors  may  make  such  regulations  respecting  the  use  of  such 
highway  as  shall  not  conflict  with  general  laws  and  may  exclude  from  such  highway 
such  class  of  the  .vehicular  traffic  as  may  be  dangerous  to  public  safety  or  which  may 
result  in  a  permanent  injury  to  the  roadway.  All  laws  regulating  state  highways  and 
inflicting  penalties  for  a  violation  thereof  shall  apply  to  the  highways  constructed 
under  the  provisions  of  this  act. 
Certificates  of  completion.    Interest  and  rights  of  way  conveyed. 

§  40.  Upon  the  completion  of  the  highway  or  any  section  thereof,  the  fact  of  such 
completion  shall  be  certified  to  the  advisory   board  of  the  state  engineering  depart- 


I 


839  HIGHWAYS.  Act  1900b 

ment  and  such  advisory  board  shall  cause  inspection  to  be  made  of  such  highway.  If 
such  advisory  board  shall  find  that  the  same  has  been  properly  constructed  and  is  in 
good  repair  throughout,  it  shall  issue  a  certificate  of  completion.  Thereupon  said 
advisory  board  shall,  after  due  hearing,  apportion  said  highway  to  the  several  counties 
constituting  the  district,  or  may  accept  the  whole  or  any  portion  thereof  as  a  state 
highway.  The  decree  of  distribution  shall  be  transmitted  to  the  board  of  directors  of 
the  joint  highway  district.  Thereupon  the  said  board  of  directors  shall  convey  to  the 
several  counties  composing  the  district,  or  to  the  state  as  the  case  may  be,  all  interest 
and  rights  of  way  that  the  district  may  have  in  and  to  the  highway  so  constructed  and 
accepted  in  accordance  with  the  terms  of  said  decree  of  distribution.  The  highway  or 
portions  conveyed  shall  become  a  part  of  the  system  of  county  roads,  or  state  highway 
as  the  case  may  be,  and  shall  be  maintained  by  said  counties  from  the  general  or  district 
road  funds  or  by  the  state  as  provided  by  law. 

Employees  discharged. 

§  41.  Upon  the  receipt  of  the  decree  of  distribution  of  the  entire  highway  all 
employees  of  the  board  of  directors  shall  be  forthwith  discharged  excepting  the  secre- 
tary who  shall  continue  to  perform  the  duties  required  of  him  by  this  act. 

District  dissolved  when. 

§  42.  When  all  the  bonds  that  may  have  been  issued  in  pursuance  with  the  provi- 
sions of  this  act  shall  have  been  paid,  all  property  of  the  district  shall  be  convei'ted 
into  money  and  all  such  moneys  shall  be  distributed  to  the  counties  composing  the  dis- 
trict in  proportion  to  the  amount  contributed  by  them  under  the  provisions  of  this  act. 
Thereupon,  all  books,  documents,  maps  and  other  records  shall  be  deposited  with  the 
state  engineering  department  and  thereupon  said  joint  highway  district  shall  be  dis- 
solved. 

COUNTY  JOINT  HIGHWAYS,  STATE  CO-OPERATION,  NATURAL 
MILITARY  HIGHWAYS. 
ACT  1900b — An  act  making  an  appropriation  to  pay  any  assessment  that  may  "be 
imposed  against  the  state  of  California  under  the  provisions  of  an  act  entitled  "An 
act  providing  for  the  creation,  organization  and  government  of  joint  highway  districts 
composed  of  two  or  more  counties  of  the  state  of  California,"  approved  April  5,  1917; 
to  pay  the  share  of  the  state  of  California  under  any  agreement  or  agreements  with 
the  United  States  government  for  co-operative  work  in  the  construction,  improve- 
ment or  maintenance  of  highways  useful  for  military  purposes  and  authorizing  the 
state  department  of  engineering  to  enter  into  any  such  agreements;  and  to  pay  the 
cost  of  making  surveys  and  preparing  plans  and  estimates  for  the  following  high- 
ways: An  extension  of  the  Trinity-Humboldt  state  road,  from  its  westerly  end,  in  a 
westerly  direction,  and  to  the  town  of  Bridgeville,  in  Humboldt  county;  a  highway 
beginning  at  or  near  Oxnard  in  Ventura  county,  California,  and  extending  to  a  point 
near  San  Juan  in  Orange  county,  California;  a  highway  from  Jackson's  Ranch  near 
Pescadero  in  San  Mateo  county,  California,  to  Governor's  Camp  in  the  California 
Redwood  Park,  Santa  Cruz  county,  California;  a  highway  beginning  at  Carmel  in 
Monterey  county,  California,  and  running  thence  in  a  southerly  direction  to  San 
Simeon  in  San  Luis  Obispo  county,  California,  and  a  lateral  highv/ay  from  a  point 
most  feasible  thereon  to  a  point  at  or  near  Jolon  in  said  Monterey  county;  a  bridge 
to  span  San  Francisco  bay  at  or  near  Dumbarton  Point;  and  a  highway  from  the 
western  boundary  line  of  Kern  county,  California,  to  the  state  highway  near  the  city 
of  Santa  Maria,  Santa  Barbara  county,  California. 

History:     Approved  June   1,   1917.     Id   effect   July   31,   1917.     Stats. 
1917,  p.  1519. 


Act  1000c.  §  1  GENERAL  LAWS.  940 

Appropriation. 

$  1.  The  sum  of  two  hundred  fifty  thousand  dollars,  or  so  much  thereof  as  may  be 
necessary,  is  hereby  appropriated  out  of  any  money  in  the  treasury  not  otherwise  appro- 
priated for  the  following  uses  and  purposes: 

Joint  highway  district  assessment. 

a.  To  pay  any  assessment  that  may  be  imposed  against  the  state  of  California  under 
the  provisions  of  an  act  entitled  "An  act  providing  for  the  creation,  organization  and 
government  of  joint  highway  districts  composed  of  two  or  more  counties  of  the  state 
of  California,"  approved  April  5,  1917. 

Co-operative  highway  work  with  U.  S,  government. 

b.  To  pay  the  share  of  the  state  of  California  under  any  agreement  or  agreements 
made  with  the  United  States  government  for  co-operative  work  in  the  construction, 
imjjrovement  or  maintenance  of  highways  useful  for  military  purposes,  and  the  state 
department  of  engineering  is  hereby  authorized  to  enter  into  any  such  co-operative 
agreements  on  such  terms  as  it  may  deem  for  the  best  interests  of  the  state. 

Highway  surveys  and  estimates. 

c.  To  pay  the  cost  of  making  surveys  and  preparing  plans  and  estimates  for  highways 
as  follows:  An  extension  of  the  Trinity-Humboldt  state  road,  from  its  westerly  end,  in 
a  westerly  direction,  to  the  town  of  Bridgeville,  in  Humboldt  county;  a  highway  begin- 
ning at  or  near  Oxnard  in  Ventura  county,  California,  and  extending  to  a  point  near 
San  Juan  in  Orange  county,  California;  a  highway  from  Jackson's  Ranch  near  Pesca- 
dero  in  San  Mateo  county,  California,  to  Governor's  Camp  in  the  California  Redwood 
Park,  Santa  Cruz  county,  California;  a  highway  beginning  at  Carmel  in  Monterey 
county,  California,  and  running  thence  in  a  southerly  direction  to  San  Simeon  in  San 
Luis  Obispo  coi;nty,  California,  and  a  lateral  highway  from  a  point  most  feasible 
thereon  to  a  point  at  or  near  Jolon  in  said  Monterey  county;  a  bridge  to  span  San 
Francisco  bay  at  or  near  Dumbarton  Point;  and  a  highway  from  the  western  boundary 
line  of  Kern  county,  California,  to  the  state  highway  near  the  city  of  Santa  Maria, 
Santa  Barbara  county,  California. 

Control  by  state  department  of  engineering. 

^  2.  All  the  work  contemplated  by  this  act  is  hereby  placed  under  the  complete 
management  and  control  of  the  state  department  of  engineering,  and  the  state  con- 
troller is  hereby  directed  to  draw  his  warrants  in  such  sums  and  at  such  times  as  the 
state  department  of  engineering  may  present  claims  therefor,  and  the  state  treasurer 
is  directed  to  pay  the  same  to  carry  out  the  pui-poses  of  this  act. 

NATIONAL  RURAL  POST  ROADS,  STATE  CO-OPERATION. 

ACT  1900c — An  act  expressing  assent  of  the  state  of  California  to  the  provisions  of  the 

act  of  congress  approved  July  11,  1916,  entitled  "An  act  to  provide  that  the  United 

States  shall  aid  the  states  in  the  construction  of  rural  post  roads,    and   for   other 

purposes." 

History:    Approved  March  21,  1917.     In  effect  July  27,  1917,  Stats. 
1917,  p.  20. 

Assent  to  act  of  congress  approved  July  11,  1916. 

$  1.  The  state  of  California  hereby  assents  to  the  provisions  of  the  act  of  congress 
approved  July  11,  1916,  entitled  "An  act  to  provide  that  the  United  States  shall  aid 
the  states  in  the  construction  of  rural  post  roads,  and  for  other  purposes." 


941  eiGHW  AYS.  Act  1902,  §g  1-3 

BOULEVARD  DISTRICT  ACT  OF  1911. 
ACT  1902 — An  act  to  provide  for  tlie  formation  and  establishment  of  "boulevard  dis- 
tricts; tlie  construction,  acquisition,  maintenance,  control  and  use  of  boulevards; 
defining  the  term  boulevard;  providing  for  the  voting,  issuing  and  selling  of  bonds, 
and  the  levying  of  taxes  to  pay  for  the  acctuisition,  construction,  maintenance  and 
repair  of  such  boulevard;  providing  for  a  boulevard  commission  to  have  charge  of 
the  affairs  of  boulevard  districts,  and  the  construction,  maintenance  and  repair  of 
boulevards,  within  such  districts;  providing  for  the  election  of  such  commission, 
their  terms  of  office,  and  of  elections  to  be  held  in  such  districts;  and  repealing  an 
act  entitled  "An  act  to  provide  for  the  formation  of  boulevard  districts,  and  the 
construction,  maintenance,  and  use  of  boulevards,  and  defining  the  term  boulevard," 
approved  March  22,  1905,  and  the  act  amendatory  thereof,  approved  April  15,  1909. 

History:  Approved  May  1,  1911,  Stats.  1911,  p.  1425.  Amended 
(1)  January  12,  1912,  Stats.  1912  (ex  sess.),  p.  223;  (2)  June  5,  1913. 
In  effect  August  10,  1913,  Stats.  1913.  p.  394.  (3)  May  29,  1917.  In 
effect  July  28,  1917,  Stats.  1917,  p.  1299.  (4)  May  7,  1919.  In  effect 
July  22,  1919.  Stats.  1919,  p.  351.  Prior  acts  of  March  22,  1905.  Stats. 
1905,  p.  754.  Amended  April  15,  1909,  Stats.  1909,  p.  923,  repealed  by 
the  present  act. 

Boulevard  district  formed. 

§  1.  Any  portion  of  a  county  not  contained  in  a  boulevard  district  under  the  pro- 
visions of  this  act,  may  be  formed  into  a  boulevard  district,  and  when  so  formed  shall 

be  known  and  designated  by  the  name  and  style  of boulevard  district 

(using  the  name  of  the  district)  of county   (using  the  name  of 

the  county  in  which  said  district  is  located),  and  shall  have  the  rights  herein  enumer- 
ated, and  such  as  maj'^  hereafter  be  conferred  by  law.  [Amendment  of  May  29,  1917. 
In  effect  July  28,  1917.    Stats.  1917,  p.  1300.] 

Petition  to  board  of  supervisors.    Bond  filed. 

$  2.  A  petition  for  the  formation  of  such  boulevard  district  (naming  it)  may  be 
presented  to  the  board  of  supervisors  of  the  county  wherein  the  district  is  proposed  to 
be  formed,  which  said  petition  shall  be  signed  by  not  less  than  ten  freeholders,  owning 
land  within  the  proposed  district  and  shall  contain : 

(1)  The  boundaries  of  the  proposed  district  and  an  estimate  of  the  number  of  inhabi- 
tants residing  therein : 

(2)  An  estimate  of  the  number  of  acres  contained  therein  and  the  assessed  value 
thereof  and  of  the  improvements  thereon; 

(3)  A  request  that  an  election  be  called  within  said  district  for  the  purpose  of 
determining  the  question  of  the  formation  of  said  boulevard  district,  for  the  construe* 
tion  and  maintenance  of  a  boulevard  or  boulevards  therein  under  the  provisions  of 
this  act. 

There  shall  be  filed  with  said  board  of  supervisors  at  the  time  of  the  filing  of  the 
petition  for  the  organization  of  said  boulevard  district  with  said  board,  a  bond  in  the 
sum  of  not  more  than  three  hundred  dollars,  with  two  sufiicient  sureties,  to  be  approved 
by  said  board,  who  shall  each  qualify  in  double  the  amount  of  said  bond,  conditioned 
that  they  will  pay  the  exjiense  and  cost  of  said  election  in  an  amount  not  exceeding  the 
amount  mentioned  in  said  bond,  in  case  the  proposition  to  organize  said  district  shall 
be  defeated  at  said  election.  [Amendment  of  May  29,  1917.  In  effect  July  28,  1917. 
Stats.  1917,  p.  1300.] 

Hearing  on  petition. 

$  3.  Such  petition  must  be  presented  at  a  regular  meeting  of  said  board  of  super- 
visors and  they  shall  thereupon  fix  a  time  for  hearing  said  petition,  not  less  than  twenty. 


Act  1902,  §§  4,  5 


GBIVEIRAL   LAWS. 


042 


nor  more  than  sixty  days  after  the  date  of  presentation  thereof,  and  shall  publish  a 
notice  of  the  fact  that  such  petition  has  been  filed  (referring  to  the  same  on  file  with 
the  clerk  of  the  board  of  supervisors  for  further  particulars)  and  giving  the  time  and 
place  at  which  said  petition  will  be  heard,  and  directing  all  parties  interested  to  appear 
at  said  time  and  place,  and  show  cause,  if  any  they  have,  why  said  petition  should  not 
be  granted,  which  said  notice  shall  be  published  at  least  once  a  week  for  two  consecu- 
tive weeks  in  some  newspaper  published  and  circulated  in  said  proposed  district;  pro- 
vided, that  if  no  newspaper  be  so  published  in  said  district,  then  said  notice  shall  be  so 
published  in  some  newspaper  published  and  circulated  at  the  county  seat  of  the  county 
in  which  said  proposed  district  is  located.  [Amendment  of  May  29,  1917.  In  effect 
July  28,  1917.    Stats.  1917,  p.  1301.] 

Lands  excluded.    Lands  included. 

5  4,  Upon  the  day  named  for  the  hearing  of  said  petition,  the  board  of  super- 
visors shall  hear  the  same  and  any  objections  thereto  and  may  adjourn  such  hearing 
from  time  to  time,  not  more  than  sixty  days  in  all.  If  the  board  find  that  lands  have 
been  improperly  included,  it  may  in  fixing  the  final  boundaries  exclude  from  such  dis- 
trict any  lands  which  may  have  been  so  included,  or  the  board  may,  as  it  deems  for  the 
best  interests  of  such  district,  include  any  adjacent  lands  outside  the  boundaries  de- 
scribed in  said  petition,  either  on  petition  of  the  owners  of  such  lands,  or  upon  notice 
of  its  intention  to  include  such  adjacent  lands  by  publication  once  a  week  for  two  suc- 
cessive weeks  in  a  newspaper  of  general  circulation  published  either  in  said  district 
or  at  the  county  seat,  which  notice  shall  refer  to  the  petition  for  the  formation  of  the 
district  on  file  with  the  board  of  supervisors,  shall  describe  the  adjacent  territory 
intended  to  be  included  within  the  proposed  district  and  shall  direct  all  persons  inter- 
ested therein  to  appear  at  a  specified  time  and  place  and  show  cause  if  any  there  be 
why  said  adjacent  lands  should  not  be  so  included.  Upon  the  petition  and  evidence 
produced  at  such  hearings  the  board  shall  determine  and  fix  the  boundaries  of  such 
district  and  must  thereupon,  by  order,  define  and  establish  such  boundaries.  [Amend- 
ment of  May  29,  1917.    In  effect  July  28,  1917.    Stats.  1917,  p.  1301.] 

Election.    Notice. 

$  .5.  The  board  of  supervisors  thereupon,  and  not  later  than  thirty  days  after  the 
establishment  of  said  boundaries,  as  hereinbefore  provided,  shall  by  order,  call  an 
election  to  be  held  in  such  proposed  boulevard  district  for  the  purpose  of  determining 
whether  such  district  shall  be  formed.  The  order  must  fix  the  day  of  such  election, 
which  must  be  within  sixty  days  from  the  date  of  the  order,  and  must  show  the  boun- 
daries of  the  proposed  district,  and  must  state  that  at  such  election  one  member  of  the 
boulevard  commission  will  be  voted  for.  This  order  shall  be  entered  in  the  minutes  of 
the  board,  and  shall  be  conclusive  evidence  of  the  due  presentation  of  a  prop.er  peti- 
tion, and  of  the  fact  that  each  of  the  petitioners  was,  at  the  time  of  the  signing  and 
i:)resentation  of  such  petition,  a  freeholder  owning  land  within  the  proposed  district 
and  that  all  other  steps  and  actions  requisite  to  and  pertaining  to  the  making  of  said 
order,  including  the  hearing  of  said  petition  and  establishment  of  the  boundaries  of 
said  district,  have  been  properly  taken;  notice  of  such  election  shall  be  given  by  posting 
a  copy  of  such  order  for  three  successive  weeks  prior  to  the  election,  in  three  public 
places  within  the  proposed  district,  and  by  publication  of  a  copy  of  such  order  at  least 
once  a  week  for  three  successive  weeks  prior  to  the  election  in  some  newspaper  pub- 
lished in  the  proposed  district,  if  there  be  one,  and  if  not,  in  some  newspaper  published 
at  the  county  seat.  [Amendment  of  May  29, 1917.  In  effect  July  28, 1917.  Stats.  1917, 
p.  1302.] 


943  HIGHWAYS.  Act  1902,  §§  6, 7 

Polling  places.    Election  officers.    Ballots.    Election  of  niem1)er  of  boulevard  commis- 
sion.   Canvass  of  returns. 

5  6.  The  board  of  supervisors,  at  least  fifteen  days  prior  to  the  election,  shall  select 
one,  and  may  select  two,  or  more  polling  places  within  the  proposed  district,  and  make 
all  suitable  arrangements  for  the  holding  of  such  election.  They  must  select  and 
appoint,  from  among  the  qualified  electors  of  the  proposed  boulevard  district,  one 
inspector  and  two  judges  of  election  in  each  polling  place,  who  shall  constitute  the  offi- 
cers of  said  election  and  the  election  board;  if  none  are  so  appointed  or  if  any  officer 
appointed  does  not  attend  at  the  opening  of  the  polls  on  the  morning  of  election,  the 
electors  present  may  appoint  substitutes  to  fill  the  election  board.  The  ballot  shall  con- 
tain the  words  ** boulevard  district — yes,"  and  "boulevard  district — no,"  and  shall 
also  make  provision  for  voting  for  one  member  of  the  boulevard  commission  of  said 
district.  At  such  election  there  shall  be  elected  one  member  of  the  boulevard  commis- 
sion, whose  term  of  office  shall  be  for  four  years  and  until  the  election,  or  appointment, 
and  qualification  of  his  successor.  Such  election,  and  all  subsequent,  or  other,  elections 
in  said  district  shall,  except  as  herein  otherwise  expressly  provided,  be  conducted  as 
nearly  as  practicable  in  accordance  with  the  general  election  laws  of  the  state,  except 
that  the  provisions  of  said  laws  as  to  the  form  of  ballots  and  the  making  of  nomina- 
tions and  the  selection  or  appointment  of  officers  of  election,  shall  not  apply,  and  that 
no  irregularity  or  informality  in  conducting  any  election  under  this  act,  not  substan- 
tially affecting  adversely  the  legal  rights  of  any  elector,  as  hei'ein  defined,  shall  invali- 
date or  affect  such  election.  At  each  election  pursuant  to  this  act,  every  qualified 
elector,  resident  within  the  district  as  proposed  or  established,  and  who  would  be 
entitled  on  the  date  of  the  respective  election  to  vote  in  said  district  at  a  general  elec- 
tion, shall  be  entitled  to  vote  at  such  election.  The  said  officers  of  election  must  make 
return  of  the  election  to  the  board  of  supervisors  of  said  county,  which  shall  canvass 
said  returns  as  by  law  provided,  and  if  a  majority  of  the  votes  cast  at  such  election  shall 
be  in  favor  of  a  boulevard  district  the  board  of  supervisors  shall  make  and  cause  to  be 
entered  in  the  minutes  of  said  board  an  order  that  the  boulevard  district  of  the  name, 
and  with  the  boundaries  theretofore  established  by  said  board  (setting  forth  such 
boundaries),  has  been  duly  established,  and  shall  declare  the  person  receiving  the 
highest  number  of  votes  for  member  of  the  boulevard  commission,  duly  elected  as  such 
commissioner;  and  said  order  shall  be  conclusive  evidence  of  the  fact  and  regularity  of 
all  prior  proceedings  of  every  kind  and  nature  provided  for  by  this  act  or  by  law,  and 
of  the  existence  and  validity  of  the  boulevard  district.  If  a  majority  of  the  votes  cast 
shall  be  against  a  boulevard  district  the  board  shall  by  order  entered  in  its  minutes  so 
declare,  and  no  other  proceedings  shall  be  taken  in  relation  thereto  until  the  expiration 
of  one  year  from  the  date  of  the  presentation  of  the  petition  to  said  board.  [Amend- 
ment of  May  7,  1919.  In  effect  July  22,  1919.  Stats.  1919,  p.  352,] 
This  section  was  also  amended  May  29,  1917,  Stats.  1917,  p.  1302. 

Officers.     Vacancy.     Appointment  of  member  by  state  highway  commission.     Term. 

Bond.    No  compensation. 

§  7.  The  officers  of  the  district  shall  be  three  members  of  the  boulevard  commission, 
who  shall  be  designated  as  commissioners,  and  shall  be,  except  as  hereinafter  provided, 
the  chairman  of  the  board  of  supervisors  and  the  county  surveyor,  or  the  county  engi- 
neer, as  the  ease  may  be,  of  the  county  in  which  the  district  is  situated,  who  shall  be 
ex  officio  commissioners,  and  a  third  commissioner  elected  as  herein  provided  who  must 
have  been  a  bona  fide  resident  and  freeholder  within  the  boundaries  of  the  district  for 
at  least  one  year  prior  to  his  election.  Any  vacancy  in  the  office  of  commissioner  shall, 
except  as  hereinafter  provided,  be  filled  by  appointment  for  the  unexpired  term  by  the 
board  of  supervisors  from  among  the  bona  fide  resident  freeholders  within  said  district 
who  shall  have  been  such  resident  freeholders  for  at  least  one  year  prior  to  such  appoint- 


Act  1002,  §g  S,  9  GENERAL   LAWS.  044' 

ment,  but  no  member  of  tbe  said  board  of  supervisors,  except  the  chairman  thereof, 
shall  be  eligible  to  hold  office  on  said  commission  or  to  hold  any  position  in  connection 
therewith.  At  any  time,  upon  petition  in  writing  signed  by  at  least  twenty-five  peri 
cent  in  number  of  the  number  of  qualified  electors,  residing  within  the  district  and 
named  upon  the  great  register  of  the  county  in  which  the  district  is  situated,  and  pre- 
yseuted  to  the  state  highway  commission,  the  said  state  highway  commission  shall,  and 
\  it  is  hereby  empowered  to,  declare  the  office  of  boulevard  commissioner  theretofore  held 
by  the  said  county  surveyor,  or  county  engineer,  as  the  case  may  be,  vacant,  and  nomi- 
nate and  appoint  as  commissioner  to  fill  such  vacancy  a  person  who  shall  be  a  civil 
engineer,  qualified  in  the  opinion  of  the  state  highway  commission  to  act  as  such  com- 
missioner. The  commissioner  so  appointed  shall  hold  office  for  the  term  of  four  years 
from  and  after  his  appointment,  and  until  the  appointment  and  qualification  of  his  suc- 
cessor, and  all  appointments  to  fill  any  vacancy  in  the  office  of  such  commissioner  either 
during  or  at  the  expiration  of  his  term  of  office  shall  be  made  by  the  state  highway 
commission  upon  the  receipt  of  written  notice  from  the  boulevard  commission  of  such 
vacancy  or  expiration,  but  no  petition  shall  be  necessary  therefor.  Each  commissioner 
shall  give  a  bond  to  the  boulevard  district  for  the  faithful  performance  of  his  duties 
in  the  sum  of  five  thousand  dollars,  to  be  approved  by  a  judge  of  the  superior  court  of 
the  county  in  which  the  district  is  located.  The  commissioners  shall  receive  no  com- 
pensation whatever  either  for  general  or  special  services.  [New  section  added  May  29, 
1917.     In  effect  July  28,  1917.     Stats.  1917,  p.  1304] 

Original  section  of  this  number  repealed  May  29,  1917,  Stats.  1917,  p.  1303,  and  a  new 
section  added  with  the  same  number. 

Election  every  fourth  year.    Notice  of  election.    Polling  places  and  election  officers. 

Canvass  of  returns. 

§  8.  An  election  shall  be  held  in  each  boulevard  district  on  the  first  Monday  after 
the  first  Tuesday  in  March  in  the  fourth  year  after  the  formation  of  the  district, 
and  in  every  fourth  year  thereafter,  at  which  shall  be  elected  a  commissioner  in  place 
of  the  elected  commissioner  whose  term  shall  expire  during  such  year.  Not  less  than 
twenty  days  before  the  day  of  each  such  election  the  boulevard  commission  must  give 
notice  of  said  election  by  posting  notice  thereof  in  three  public  places  in  the  boulevard 
disti-ict,  which  notice  must  specify  the  time  and  place  of  election,  the  hours  during  which 
the  polls  will  be  kept  open,  and  the  officer  to  be  elected.  They  shall  select  one,  and  may 
select  two  or  more,  polling  places  within  the  district;  shall  appoint  one  inspector  and 
two  judges  of  election  in  each  polling  place,  and  make  all  necessary  and  proper  arrange- 
ments for  holding  the  election.  Said  election  officers  shall  constitute  the  election  board. 
If  no  election  officers  are  so  appointed,  or  if  any  of  those  appointed  are  not  present  at 
the  time  of  the  opening  of  the  polls,  the  electors  present  may  appoint  all,  or  any,  of 
them  so  absent  or  not  appointed  and  they  shall  conduct  the  election  as  if  so  appointed 
by  said  commission  and  present.  The  officers  of  the  election  must  publicly  canvass  the 
votes  immediately  after  the  closing  of  the  polls,  and  must  make  return  of  the  election 
within  twenty-four  hours  after  the  closing  of  the  polls  to  the  board  of  supervisors. 
Said  board  of  supervisors  at  its  first  meeting  after  receiving  said  returns  shall  canvas 
the  same  and  shall  make,  sign  and  deliver  a  certificate  of  election  to  the  person  elected. 
[Amendment  of  May  7,  1919.    In  effect  July  22, 1919.    Stats.  1919,  p.  353.] 

This  section  was  also  amended  January  12,  1912,  Stats.  1911   (ex.  sess.),  p.   223. 
Original  section  repealed  and  a  new  section  with  the  same  number  added  May  29,  1917. 
,*tats.  1917.  pp.  1303,  1304. 

P/esident  and  secretary. 

§  9.  The  boulevard  commission  shall  be  the  governing  body  of  the  district,  and  shall 
exercise  all  the  powers  thereof.  At  its  first  meeting  or  as  soon  thereafter  as  may  be 
practicable,  the  commission  shall  choose  one  of  its  members  as  president,  and  another  of 


945  HIGHAVAYS.  Act  1002,  §§  10, 1 1 

its  members  as  secretary.  All  contracts,  deeds,  warrants,  releases,  receipts  and  docu- 
ments of  every  kind  shall  be  signed  in  the  name  of  the  district  by  its  president,  and 
shall  be  countersigned  by  its  secretary.  The  commission  may  hold  such  meetings,  either 
in  the  day  or  in  the  evening,  as  may  be  convenient,  all  such  meetings  of  the  commission 
must  be  held  in  the  district  at  an  appointed  place.  In  case  of  the  absence  or  inability  to 
act  of  the  president  or  secretary,  the  commission  shall,  by  order  entered  upon  its  min- 
utes, choose  from  its  members  a  president  pro  tempore,  or  secretary  pro  tempore,  as  the 
case  may  be.  A  majority  of  the  members  of  the  commission  is  a  sufficient  number  to 
form  a  commission  for  the  transaction  of  business,  and  every  decision  of  a  majority 
of  the  members  forming  such  commission  made  when  duly  assembled,  is  valid  as  an  act 
of  said  commission.  [New  section  added  May  29,  1917.  In  effect  July  28,  1917.  Stats. 
1917,  p.  1305.] 

Original  section  repealed  and  a  new  section  with  the  same  number  added,  May  29,  1917, 
Stats.  1917,  p.  1303. 

Powers  of  district. 

§  10.  Ever)'  boulevard  district  formed  under  the  provisions  of  this  act  shall  have 
power  to  have  and  use  a  common  seal,  alterable  at  the  pleasure  of  the  boulevard  com- 
mission; to  sue  and  be  sued  b}'  its  name;  to  lay  out,  establish,  construct,  acquire  and 
maintain  one  or  more  boulevards  within  the  district,  and  for  this  purpose  to  acquire  by 
purchase,  gift,  devise,  condemnation  proceedings  or  otherwise  real  and  personal  prop- 
erty and  rights  of  way  within  the  district,  and  to  pay  for  and  hold  the  same;  provided, 
however,  that  if  any  boulevard  or  boulevards  are  constructed  with  moneys  raised  by 
taxation  and  not  from  the  sale  of  bonds  as  herein  provided,  such  boulevard  or  boule- 
vards shall  be  constructed  only  after  an  election  to  be  had  in  the  manner  herein  pro- 
vided for  elections  in  said  district,  for  the  purpose  of  determining  whether  such  boule- 
vard or  boulevards  shall  be  constructed  and  at  which  election  a  majority  of  the  votes 
cast  are  in  favor  of  the  construction  of  such  boulevard  or  boulevards;  to  make  and 
accept  any  and  all  contracts,  deeds,  releases  and  documents  of  any  kind  which  shall 
be  necessary  or  proper  to  the  exercise  of  any  of  the  powers  of  the  district,  and  to  direct 
the  payment  of  all  lawful  claims  and  demands  against  it ;  to  issue  bonds  as  hereinafter 
provided,  and  to  provide  for  the  paj'ment  of  the  same  and  the  interest  thereon;  and  lo 
cause  to  be  levied  taxes  sufficient  when  directed  by  a  vote  of  the  people  of  the  district 
for  the  construction,  maintenance  or  repair  of  said  boulevard,  or  boulevards,  and  all 
indebtedness  of  such  district,  and  the  running  expenses  of  the  district;  to  employ  all 
necessary  engineers,  surveyors,  agents  and  workmen  to  do  the  work  on  or  in  con- 
nection with  the  boulevard  or  boulevards  in  said  district;  and  generally  to  do  and  per- 
form any  and  all  acts  necessary  or  proper  to  the  complete  exercise  and  effect  of  any  of 
its  powers  or  the  purposes  for  which  it  was  formed.  [New  section  added  May  29,  1917. 
In  effect  July  28,  1917.    Stats.  1917,  p.  1305.] 

Original  section  repealed  and  a  new  section  with  the  same  number  added.  May  29,  1917, 
Stats.  1917,  p.  1303. 

"Boulevard." 

$11.  By  the  term  "boulevard"  as  used  herein  is  meant  a  highway  not  less  than 
thirty  and  not  more  than  one  hundred  feet  in  width,  and  upon,  along,  and  over  the  por- 
tion or  portions  of  which  where  the  same  is  less  than  sixty  feet  in  width  no  railroad, 
electric  road,  or  street  railroad  shall,  except  upon  a  permit  granted  therefor  by  the 
board  or  body  in  control  of  such  boulevard  evidenced  by  an  order  entered  in  its  minutes, 
be  constructed  or  operated;  and  any  easements  granted  or  condemned  for  the  building 
of  said  boulevard  shall  be  so  granted  or  condemned;  provided,  that  nothing  herein 
shall  be  deemed  to  apply  to  or  as  preventing  or  limiting  the  use  of  vehicles  across  said 
boulevard.  Any  boulevard  constructed  under  this  act  may  be  constructed,  in  whole 
or  in  part,  over,  along,  or  upon  any  county  road  or  public  highway,  or  any  part  thereof, 
Gen.  Laws — 60 


Act  1002.  §§  12,  12a  GENERAI,   LAWS.  949 

and  the  moneys  belonging  to  such  boulevard  district  may  be  expended  in  the  improve- 
ment of  such  road  or  highway  to  confonn  to  the  width  and  general  character  of  the  bal- 
ance of  the  boulevard,  and  for  the  purposes  of  this  act  the  boulevard  district  is  hereby 
expressly  authorized  and  empowered  to  take  over,  control,  operate,  and  use  in  whole 
or  in  part  any  such  county  road  or  public  highway.  [New  section  added  May  29,  1917. 
In  effect  July  28,  1917.    Stats.  1917,  p.  1306.] 

Original  section  repealed  and  a  new  section  with  the  same  number  added,  May  29,  1917, 
Stats.  1917,  p.  1303. 

Survey,  etc.,  of  proposed  houlevards. 

§  12.  The  boulevard  commission  shall,  before  the  construction  of  any  boulevard 
and  before  the  calling  of  any  election  for  the  issuance  of  bonds,  employ  an  engineer  or 
engineers  who  shall  make  all  necessary  surveys,  prepare  a  map  or  maps  showing  the 
location  of  the  said  proposed  boulevard  or  boulevards,  also  showing  a  cross-section 
and  profile  of  said  proposed  boulevard  or  boulevards,  together  with  specifications  for  the 
construction  thereof  and  estimates  of  the  cost  of  acquiring  rights  of  way  therefor,  and 
of  the  cost  of  the  construction  thereof,  which  said  surveys,  maps,  specifications  and 
estimates,  shall,  upon  the  approval  of  the  same  by  said  commission,  by  order  entered 
upon  its  minutes,  be  formally  adopted  by  said  commission  and  filed  with  its  secretary 
and  constitute  the  plan  of  said  district  for  such  proposed  boulevard  or  boulevards;  pro- 
vided, that  the  said  boulevard  commission  may,  at  its  option,  and  it  is  hereby  empow- 
ered to,  direct  the  county  surveyor,  or  county  engineer,  as  the  case  may  be,  to  do  any 
or  all  of  said  work  herein  provided  to  be  done  by  an  engineer  or  engineers. 

The  expense  of  making  such  preliminary  survey  or  surveys  may  be  allowed  by  the 
board  of  supervisors  out  of  the  general  fund  or  the  general  county  road  fund  upon 
claims  regularly  presented  and  allowed  in  the  manner  provided  by  law.  [Amendment 
of  May  7,  1919.    In  effect  July  22,  1919.    Stats.  1919,  p.  353.] 

This  section  was  also  amended  June  5,  1913,  Stats.  1913,  p.  394. 

Original  section  repealed  and  a  new  section  with  the  same  number  added  May  29,  1917. 
In  effect  July  28,  1917.     Stats.  1917,  pp.  1303,  1307. 

Bids  for  construction  of  boulevards. 

^  12a.  The  boulevard  commission  shall,  pursuant  to  an  order  entered  in  its  minutes, 
advertise  for  bids  for  the  construction  of  such  boulevard  or  boulevards,  either  as  a 
whole  or  in  such  sections  as  it  may  see  fit,  in  accordance  with  the  plan  theretofore 
adopted  and  filed,  as  hereinabove  provided,  by  said  commission,  by  publishing  a  notice 
calling  for  such  bids,  at  least  once  a  week  for  two  successive  weeks  in  a  weekly  news- 
paper published  within  the  boulevard  district  if  such  newspaper  is  published  therein, 
otherwise  in  a  newspaper  published  at  the  county  seat  of  the  county  in  which  such 
district  is  located.  Such  notice  shall  refer  to  said  order  and  said  plan  for  further 
particulars.  If  the  commission  shall  elect  to  receive  separate  bids  for  the  construction 
of  sections  of  said  boulevard  or  boulevards,  the  said  order  shall  describe  the  separate 
sections  for  which  such  separate  bids  are  desired.  The  commission  may  also,  in  its 
discretion,  advertise  at  the  same  time  and  in  the  same  notice  both  for  bids  for  the 
construction  of  such  boulevard  or  boulevards  as  a  whole  and  for  bids  for  the  con- 
struction of  separate  sections  thereof.  Every  contract  for  doing  any  part  of  said  work 
shall  be  let,  after  advertisement  as  herein  provided,  to  the  lowest  responsible  bidder, 
who  shall,  before  the  making  of  said  contract,  give  a  bond  to  the  boulevard  district  for 
the  faithful  performance  of  his  contract,  with  sureties  satisfactory  to  said  commission 
in  an  amount  equal  to  at  least  fifty  per  cent  of  the  amount  of  the  contract  price. 

Conditions  of  contract. 

Said  contract  shall  be  executed  on  behalf  of  the  b'>ulevard  district  by  the  boulevard 
commission,  subject  to  approval  or  r«iictioa  by  the  electors  of  the  district,  expressed 


947  HIGHWAYS.  Act  1902,  §§  13,  14 

at  an  election  called  for  the  purpose  of  issuing  bonds  for  the  payment  of  such  contract. 
If  the  electors  at  such  election  fail  to  approve  such  bond  issue,  the  contract  shall  be 
void  and  the  boulevard  commission  shall  immediately  return  to  the  contractor  his  bond 
given  for  the  faithful  performance  of  the  contract;  provided,  however,  that  the  com- 
mission may  make  contracts,  without  advertisement,  for  any  construction  work  on  said 
boulevard  the  cost  of  which  does  not  exceed  one  thousand  dollars;  and  provided, 
further,  that  the  commission  may  reject  any  or  all  bids  and  may  thereupon  readvertise 
for  bids  for  doing  any  part  or  the  whole  of  said  work;  or  may  do  said  work  without 
letting  anj'  contract  therefor  when  the  amount  of  the  work  is  less  than  one  thousand 
dollars.  Said  commission  may  hire  all  necessary  engineers,  inspectors  and  superin- 
tendents to  supervise  the  performance  of  contracts  entered  into  by  said  commission,  or 
to  have  charge  of  the  doing  of  all  work  done  without  contract.  [New  section  added 
May  7,  1919.    In  effect  July  22,  1919.    Stats.  1919,  p.  354.] 

Bond  election.    Notice  of  election. 

$  13.  At  any  time,  and  from  time  to  time,  after  the  adoption  of  a  plan  for  a  boule- 
vard or  boulevards,  or  the  letting  of  a  contract  for  the  construction  of  the  whole  or 
any  portion  of  any  boulevard,  the  boulevard  commission  may,  by  order  entered  in  its 
minutes,  call  an  election  for  the  purpose  of  determining  whether  bonds  shall  be  issued 
for  the  acquisition  of  rights  of  way  for,  and  the  construction  of  such  boulevard  or 
boulevards,  or  for  the  payment  of  such  contract.  Such  order  shall  fix  the  day  of  the 
election  and  shall  specify  the  amount  of  such  bond  issue,  and  shall  state  in  general 
terms  the  purposes  for  which  the  money  to  be  raised  from  the  sale  of  such  bonds  shall 
be  used,  which  purposes  shall  be  confined  to  the  acquisition  of  rights  of  way  for,  and 
the  construction  of,  a  boulevard  or  boulevards  in  said  district;  provided,  that  if  such 
election  is  called  for  a  payment  of  a  contract  already  entered  into  by  the  boulevard 
commission,  such  order  shall  state  the  terms  of  such  contract  in  such  manner  as  will 
advise  the  electors  of  the  contents  thereof;  provided,  however,  that  any  moneys  so 
raised  which  shall  remain  on  hand  after  such  acquisition  of  rights  of  way  and  construc- 
tion have  been  completed,  may  and  shall  be  expended  in  the  betterment  and  maintenance 
of  such  boulevard  or  boulevards.  Notice  of  such  election  shall  be  given  by  posting  a 
copy  of  such  order  for  three  successive  weeks  prior  to  the  election  in  at  least  three 
public  places  within  the  district,  and  b}'  publication  of  a  copy  thereof  for  at  least  once 
a  week  for  three  successive  weeks  prior  to  the  election  in  some  newspaper  published 
within  the  district,  if  there  be  one,  and  if  not,  in  some  newspaper  published  at  the 
county  seat  of  the  county  in  which  such  district  is  located.  [Amendment  of  May  7, 
1919.     In  effect  July  22,  1919.     Stats.  1919,  p.  355.] 

Original  section  repealed  and  a  new  section  of  tlie  same  number  added.  May  29,  1917, 
Stats.  1917,  pp.  1303,  1307. 

Polling  places  and  election  ofiicers.     BaUots.     Canvass  of  returns. 

$  14.  At  any  time  prior  to  the  day  fixed  for  the  election  the  commission  shall  select 
one,  and  may  select  two  or  more,  polling  places  within  the  district,  and  select  and  ai:)point 
from  among  the  qualified  electors  within  the  district,  one  inspector,  and  two  judges  for 
each  polling  place  to  conduct  the  same,  and  shall  make  all  necessary  and  proper  ar- 
rangements for  holding  the  election.  The  ballots  shall  contain  the  words  "bonds,  yes" 
and  "bonds,  no."  After  the  vote  shall  have  been  counted  and  the  result  announced 
by  the  election  ofiScers  the  ballots  shall  be  sealed  up  and  delivered  to  the  secretary  of 
the  boulevard  commission,  with  the  election  returns,  and  said  commission  shall,  at  its 
first  meeting  thereafter,  canvass  said  returns  and  shall  enter  the  result  upon  its  min- 
utes. Such"  entry  shall  be  conclusive  evidence  of  the  fact  and  regularity  of  all  prior 
proceedings  of  every  kind  and  nature  provided  by  this  act  or  by  law,  and  of  the  facts 
stated  in  such  entry.     If,  at  such  election,  not  less  than  two-thirds  of  the  votes  cast 


Act  lOO::,  gg  15-17  GKNERAI.    I, WVS. 


be  in  favor  of  the  issuance  of  bonds,  the  said  commission  shall  have  full  power  and 
authority  to  issue  and  sell  said  bonds  as  proposed  in  the  order  calling  the  election  a 
as  hereinafter  provided.  If  the  result  of  the  election  be  against  the  issuance  of  bonds 
no  other  election  upon  the  question  shall  be  called  or  held  for  one  year  after  such 
election.     [Amendment  of  May  7,  1010.     In  effect  July  22.  1010.     Stats.  1919,  p.  355.] 

Original  section  repealed  and  a  new  section  of  the  same  number  added.  May  29,  1917, 
Stats.  1917,  pp.  1303.  1307. 

Denomination.    Payment.     Sale. 

$  15.  All  bonds  issued  under  the  provisions  of  this  act  shall  be  of  such  denomina- 
tion as  the  boulevard  commission  may  determine,  except  that  no  bonds  shall  be  of  les.s 
denomination  than  one  hundred  dollars  nor  of  a  greater  denomination  than  one 
thousand  dollars.  Said  bonds  shall  be  payable  in  gold  coin  of  the  United  States  at  the 
office  of  the  county  treasurer  of  the  county  wherein  said  district  is  situated,  and  shall 
bear  interest  at  a  rate  not  exceeding  six  per  centum  per  annum;  which  interest  shall  be 
payable  semiannually  in  like  gold  coin.  Not  less  than  one-thirtieth  part  of  the  total 
issue  of  bonds  shall  be  payable  each  year,  commencing  not  more  than  five  years  after 
the  date  of  said  bonds.  Each  bond  shall  be  signed  by  the  president  and  countersigned 
by  the  secretary  of  the  boulevard  commission,  and  said  bonds  shall  be  numbered  con 
secutively,  in  the  order  of  their  maturity,  and  shall  have  coupons  for  interest  attached, 
attested  by  the  facsimile  signature  of  the  secretary  of  said  commission.  The  bond- 
may  be  sold  by  the  boulevard  commission  in  such  manner  and  in  such  quantities  as  it 
may  determine,  but  no  bond  may  be  sold  for  less  than  its  face  value.  The  proceeds  of 
such  sale  shall  be  deposited  with  the  county  treasurer  and  shall  be  by  him  placed  iii 

the  fund  to  be  called  the  boulevard  fund  of boulevard  district  (naming  it). 

the  money  in  such  fund  shall  be  used  for  the  purposes  indicated  in  the  order  calling' 
the  election  uj^on  the  question  of  the  issuance  of  bonds.  [New  section  added  May  2!i. 
1917.    In  effect  July  28,  1917.     Stats.  1917,  p.  1308.] 

Original  section  repealed  and  a  new  section  with  the  same  number  added,  May  25,  1917. 
Stats.  1917,  p.  1303. 

Estimate  of  amount  needed. 

§  16.  The  commission  must  at  or  before  the  first  meeting  of  the  board  of  supervisor? 
in  September  of  each  year,  furnish  the  supervisors  and  the  auditor  of  the  county 
wherein  the  district  is  situated,  an  estimate  in  writing  of  the  amount  of  money  needed 
for  the  purposes  of  the  district  for  the  ensuing  fiscal  year.  The  amount  must  be 
sufficient  to  pay  all  interest  and  principal  of  outstanding  bonds  of  the  district  matur- 
ing during  the  ensuing  fiscal  year,  and  to  pay  the  estimated  cost  of  repairs  and  main- 
tenance of  the  boulevard,  or  boulevards,  and  the  running  expenses  of  the  district.  [New- 
section  added  May  29,  1917.     In  effect  July  28,  1917.     Stats.  1917,  p.  1308.] 

Original  section  repealed  and  a  new  section  with  the  same  number  added.  May  29,  1917, 
Stats.  1917,  p.  1303. 

Levy  of  tax.     Collection.    Moneys  from  general  fund.     Constitutionality. 

$  17.  The  board  of  supervisors  of  any  county  wherein  is  situated  a  boulevard  dis- 
trict, must  annually  at  the  time  of  levying  county  taxes  levy  a  tax  to  be  known  as  the 

" (name  of  district)  boulevard  district  tax,"  sufficient  to  raise  the  amount 

reported  to  them  as  herein,  in  section  sixteen  hereof,  provided  by  the  boulevard  com- 
mission. The  supervisors  must  determine  the  rate  of  such  tax  by  deducting  fifteen  per 
cent  for  anticipated  delinquencies  from  the  total  assessed  value  of  the  real  property 
of  the  district  within  the  county,  as  it  appears  on  the  assessment  roll  of  the  county, 
and  dividing  the  sum  reported  bj'  the  boulevard  commission  as  required  to  be  raised  by 
the  remainder  of  such  total  assessed  value.  The  tax  so  levied  shall  be  computed  and 
entered  on  the  assessment  roll  by  the  county  auditor,  and  if  the  supervisors  fail  to  levy 


md^ 
ind     1 


949  HIGHWAYS.  Act  1002,  §§  18-20 

the  tax  as  provided  in  the  preceding  section,  then  the  auditor  must  do  so.  Such  tax 
shall  be  collected  at  the  same  time  and  in  the  same  manner  as  county  taxes,  and  when 
collected  shall  be  paid  into  the  county  treasury  for  the  use  of  said  district,  and  the 
purposes  herein  specified.  The  provisions  of  the  Political  Code  of  this  state  pre- 
scribing the  manner  of  levying  and  collecting  taxes  and  the  duties  of  the  several  county 
officers  with  respect  thereto  are,  so  far  as  they  are  applicable  and  not  in  conflict  with 
the  specific  provisions  of  this  act,  hereby  adopted  and  made  a  part  hereof.  Such  officers 
shall  be  liable  upon  their  several  official  bonds  for  the  faithful  discharge  of  the  duties 
imposed  upon  them  by  this  act.  All  moneys  raised  by  taxation  as  herein  provided  shall 
belong  to  said  district.  Anything  in  this  act  to  the  contrary  notwithstanding  the  board 
of  supervisors  shall  set  apart  and  turn  over  to  the  boulevard  commission  out  of  the 
general  fund  of  the  county  twenty-five  per  cent  of  the  cost  of  acquisition  of  rights  of 
waj'  for,  and  of  construction  of,  said  boulevard  or  boulevards  and  also  twenty-five 
per  cent  of  the  cost  of  maintenance  and  repair  of  said  boulevard  or  boulevards,  all 
such  moneys  to  be  used  by  the  boulevard  commission  for  such  purposes  respectively, 
and  the  board  of  supervisors  shall  set  apart  and  use  for  road  work  in  the  boulevard 
district  all  moneys  raised  in  such  district  by  the  county  for  road  purposes;  provided, 
however,  that  if  for  any  reason  the  provisions,  or  any  thereof,  of  this  sentence  are 
unconstitutional  or  affect  the  constitutionality  of  this  act  or  any  of  the  provisions 
thereof,  then  this  sentence,  or  such  provisions  thereof,  only,  shall  be  void  and  the 
remainder  of  this  act  shall  stand  as  if  this  sentence,  or  such  provisions  thereof,  as  the 
case  may  be,  had  not  been  included  in  this  act,  the  same  being  hereby  declared  to  be 
separable.  [New  section  added  May  29,  1917.  In  effect  July  28,  1917.  Stats.  1917, 
p.  1309.] 

Original  section  repealed  and  a  new  section  with  the  same  number  added.  May  29,  1917, 
Stats.  1917,  p.  1303. 

Funds  kept  by  county  treasurer. 

$  18.  The  treasury  of  the  county  wherein  the  district  is  situated  shall  be  the 
repository  of  all  the  funds  of  the  district.  The  treasurer  of  the  county  shall  receive 
and  receipt  for  the  same,  and  shall  place  the  same  to  the  credit  of  the  boulevard  dis- 
trict. He  shall  be  responsible  upon  his  official  bond  for  their  safekeeping  and  disburse- 
ment in  the  manner  herein  provided.  [New  section  added  May  29,  1917.  In  effect 
July  28,  1917.     Stats.  1917,  p.  1310.] 

Original  section  repealed  and  a  new  section  with  the  same  number  added.  May  29,  1917, 
Stats.  1917.  p.  1303. 

Funds  established. 

$  19.  The  following  funds  are  hereby  established  to  which  the  money  belonging  to 
the  district,  and  raised  by  taxation  as  herein  provided,  shall  be  apportioned  by  the 
treasurer,  to  wit :  bond  fund,  construction  and  maintenance  fund,  and  district  expense 
fund.  The  treasurer  shall  pay  out  the  same  only  upon  warrants  of  the  boulevard  com- 
mission, signed  by  the  president  and  attested  by  the  secretary,  except  that  all  bonds 
and  coupons  shall  be  paid  on  presentation  by  the  county  treasurer  out  of  the  bond  fund 
without  such  warrant.  The  treasurer  shall  report  in  writing  to  the  commissioners 
whenever  requested  by  them  or  the  secretary  the  amount  of  money  in  the  various  funds, 
the  amounts  of  receipts  since  his  last  report  and  the  amounts  paid  out.  [New  section 
added  May  29,  1917.     In  effect  July  28,  1917.     Stats.  1917,  p.  1310.] 

Original  section  repealed  and  a  new  section  with  the  same  number  added,  May  29,  1917, 
Stats.  1917,  p.  1303. 

Maintenance  and  repair. 

§  20.  The  commission  may  do  any  or  all  work  of  maintenance  or  repair  upon  such 
boulevard,  or  boulevards,  either  with  or  without  contract  therefor,  and  with  or  without 


Act  1002,  §8  21-23  GENERAL  LAWS.  950- 

advertising  for  bids  for  contracts  for  such  work  of  maintenance  and  repair,  at  its 
discretion;  provided,  however,  that  if  the  cost  of  any  such  work  of  maintenance  or 
repair  shall  exceed  the  sum  of  one  thousand  dollars,  then  such  work  shall  be  done  under 
contract  pursuant  to  bids  for  such  work  after  advertising  in  the  same  manner  herein 
provided  for  advertising  for  bids  and  letting  contracts  for  construction  work.  [Amend- 
ment of  May  7,  1909.    In  effect  July  22,  1919.    Stats.  1919,  p.  356.] 

Original  section  repealed  arid  new  section  of  the  same  number  added,  May  29,  1917, 
Stats.  1917,  pp.  1303,  1310. 

Application  to  state  department  of  engineering  for  exercise  of  powers. 

§  21.  Anything  in  this  act  to  the  contrary  notwithstanding,  the  boulevard  commis- 
sion shall  have  and  is  hereby  given  power  and  authority,  at  its  option,  to  make  appli- 
cation to  the  department  of  engineering  of  the  state  of  California,  or  to  the  proper 
subdivision  of  said  department,  for  the  exercise  by  said  department,  or  proper  sub- 
division thereof,  as  the  case  may  be,  of  any  or  all  powers,  duties  or  authority  which 
said  dei^artment  or  proper  subdivision  thereof,  as  the  case  may  be,  may  now,  or  at  any 
time  hereafter,  exercise  or  enjoy  with  respect  to  the  ownership,  construction,  mainte- 
nance or  improvement  of  any  boulevard  or  boulevards  or  proposed  boulevard  or 
boulevards,  constructed  or  to  be  constructed  pursuant  to  the  provisions  of  this  act, 
including  the  preparation  of  plans,  specifications  and  estimates  for,  and  the  handling 
and  expenditure  of  boulevard  district  moneys  for,  such  construction,  maintenance  or 
improvement:  any  such  application  to  said  department  of  engineering,  or  subdivision 
thereof,  shall  be  made  in  accordance  with  the  provisions  of  the  law  as  it  now  is  or  may 
hereafter  exist  defining  the  powers,  duties  or  privileges  of  such  department  of  engi- 
neering or  subdivision  thereof  in  relation  to  such  matters,  and  upon  the  granting  of 
any  such  application  by  said  department  of  engineering  or  subdivision  thereof,  the 
boulevard  commission  shall  have  full  power  to  carry  out  the  terms  of  such  application 
on  its  part.  [New  section  added  May  29,  1917.  In  effect  July  28,  1917.  Stats.  1917, 
p.  1311.] 

Original  section  repealed  and  a  new  section  with  the  same  number  added,  May  29,  1917, 
Stats.  1917,  p.  1303. 

Transfer  boulevard  to  comity. 

$  22.  Anything  in  this  act  to  the  contrary  notwithstanding,  the  boulevard  commis- 
sion shall  have,  and  it  is  hereby  given,  full  power  and  authority  at  its  option  to  trans- 
fer and  convey  all  the  right,  title  and  interest  of  the  boulevard  district  in  and  to  any 
boulevard  or  boulevards  in  such  district  after  complete  construction  thereof,  to  the 
county  within  which  such  district  is  situated,  provided  that  the  board  of  supervisors 
of  such  county  consent  to  and  accept  such  transfer  and  conveyance  and  agree  there- 
after to  maintain  such  boulevard  or  boulevards  as  boulevards  and  as  part  of  the  county 
highway  system  of  such  county,  any  and  all  such  boulevards  so  transferred  and  con- 
veyed to  be  thereafter  held  and  owned  by  such  county  as  county  boulevards  without 
any  further  liability  or  responsibility  therefor  on  the  part  of  such  district.  But  no 
such  transfer  or  conveyance  shall  affect  any  bond  or  bonds  theretofore  issued  by  such 
district  or  the  liability  of  such  district  thereunder.  [New  section  added  May  29,  1917. 
In  effect  July  28,  1917.     Stats.  1917,  p.  1312.] 

Original  section  repeapel  and  a  new  section  with  the  same  number  added.  May  29,  1917, 
Stats.  1917,  p.  1303. 

Dissolution  of  district. 

$  23.  The  district  may  at  any  time  be  dissolved  upon  the  vote  of  two-thirds  of  the 
qualified  electors  thereof  at  an  election  called  by  the  boulevard  commission  upon  the 
question  of  dissolution.  Whenever  it  shall  deem  it  advisable,  the  boulevard  commis- 
sion shall,  by  resolution,  order  that  an  election  be  held  in  the  said  district  upon  the 


051  HIGHWAYS.  Act  1902,  §§  24-26 

question  of  dissolution  of  the  district.  Such  election  shall  be  called  and  conducted  in 
the  same  manner  as  other  elections  of  the  district.  Upon  such  dissolution,  any  property 
which  may  have  been  acquired  by  such  boulevard  district  shall  vest  in  the  county, 
except  that  any  such  property  lying  within  the  boundaries  of  an  incorpoi'ated  city  shall 
vest  in  such  city;  provided,  however,  that  if  at  the  time  of  the  election  to  dissolve 
such  district  there  be  any  outstanding  bonded  indebtedness  of  such  district,  then,  in 
such  event,  the  vote  to  dissolve  such  district  shall  dissolve  the  same  for  all  purposes 
excepting  only  the  levy  and  collection  of  taxes  for  the  payment  of  such  outstanding 
.indebtedness  of  such  district;  and  from  the  time  such  district  is  thus  dissolved  until 
such  bonded  indebtedness  with  the  interest  thereon  is  fully  paid,  satisfied  and  dis- 
charged, the  board  of  supervisors  of  the  county  shall  constitute  ex  officio  the  boule- 
vard commission  of  such  district.  And  it  is  hereby  made  obligatory  upon  such 
board  to  levy  such  taxes  and  perform  such  other  acts  as  may  be  necessary  in  order 
to  raise  money  for  the  payment  of  such  indebtedness,  and  the  interest  thereon,  as  herein 
provided.  [New  section  added  May  29,  1917.  In  effect  July  28,  1917.  Stats.  1917, 
p.  1312.] 

Original  section  repealed  and  a  new  section  with  the  same  number  added,  May  29,  1917, 
Stats.  1917,  p.  1303. 

Repealed. 

$  24.  That  certain  act  entitled  "An  act  to  provide  for  the  formation  of  boulevard 
districts,  and  the  construction,  maintenance,  and  use  of  boulevards,  and  defining  the 
term  boulevard,"  approved  March  22,  1905,  and  the  act  amendatory  thereof,  approved 
April  15,  1909,  are  hereby  repealed. 

Established  districts  validated. 

5  25.  Any  and  all  boulevard  districts  heretofore  established  by  order  entered  by  any 
county  board  of  supervisors  under  this  act,  and  all  amendments  thereof  or  of  any 
section  or  sections  thereof,  are  hereby  declared  to  be  legally  organized  and  existing 
and  all  the  proceedings  on  the  organization  and  formation  of  any  and  all  such  boule- 
vard districts  are  hereby  approved  and  in  all  respects  declared  valid,  and  all  boulevard 
districts  are  subject  to  the  provisions  of  this  act  so  far  as  applicable.  [New  section 
added  May  29,  1917.     In  effect  July  28,  1917.     Stats.  1917,  p.  1313.] 

Proceeding  to  determine  legality  of  district. 

^  26.  Any  district  formed  hereunder,  in  order  to  determine  the  legality  of  its 
existence,  may  institute  a  proceeding  therefor  in  the  superior  court  of  the  county  in 
which  it  was  organized  by  filing  with  the  clerk  of  said  county  a  complaint  setting  forth 
the  name  of  the  district,  its  exterior  boundaries,  the  date  of  its  organization  and  a 
prayer  that  it  be  adjudged  a  legal  boulevard  district  formed  under  the  provisions  of 
this  act.  The  summons  in  such  proceeding  shall  be  addressed  generally  to  all  persons 
interested  in  said  district  or  in  any  of  the  lands  therein  contained,  and  shall  be  served 
by  publishing  a  copy  thereof  once  a  week  for  four  weeks  in  some  newspaper  of  general 
circulation  published  in  the  said  county.  Within  thirty  days  after  the  last  publication 
thereof  any  person  interested  may  appear  and  answer  said  complaint,  in  which  case  said 
answer  shall  set  forth  the  facts  relied  upon  to  show  the  invalidity  of  the  disti'ict.  If  no 
answer  shall  be  filed  within  said  time  the  court  must  render  judgment  as  prayed  for  in 
the  complaint.  If  an  answer  be  filed  the  court  shall  proceed  as  in  other  civil  cases.  Said 
proceeding  is  hereby  declared  to  be  a  proceeding  in  rem  and  the  judgment  rendered 
therein  shall  be  conclusive  against  all  persons  whomsoever  and  against  the  state  of 
California.  [New  section  added  May  29,  1917.  In  effect  July  28,  1917.  Stats.  1917, 
p.  1313.] 


Aci  1903.  §§  l-S  GENIDllAL  LAWS.  953 

HIGHWAY  CARE,  MANAGEMENT  AND  PROTECTION  ACT  OF  1915. 
ACT  1903 — An  act  to  provide  for  the  care,  management  and  protection  of  state  high- 
ways and  providing  penalties  for  violations  of  the  provisions  of  the  act. 

History:  Approved  May  20,  1915.  In  effect  August  8,  1915.  Stats. 
1915,  p.  642.  Prior  act  of  March  24,  1903,  Stats.  1903,  p.  400,  repealed 
by  present  act. 

Removal  of  fences  encroaching  on  highways. 

$  1.  If  any  state  road  or  highway  is  encroached  upon  by  fences,  structures  or  other- 
wise the  state  department  of  engineering,  its  appropriate  officers  or  employees  may  re- 
quire the  removal  of  the  encroachment.  Notice  must  be  given  to  the  occupant  or  the 
owner  of  the  land  or  the  person  causing  or  owning  the  encroachment,  if  such  owner, 
occupant  or  person,  or,  in  the  case  of  a  non-resident,  his  agent,  be  known,  by  personal 
delivery  to  him,  by  leaving  at  his  place  of  residence  or  by  registered  mail;  if  such 
owner,  occupant,  person  or  agent  be  unknown  such  notice  must  be  posted  upon  thf 
encroachment.    Such  notice  must  describe  the  encroachment  to  be  removed. 

Penalty  for  not  removing  encroachment. 

^  2.  If  the  encroachment  is  not  removed,  or  commenced  to  be  removed  and  dili- 
gently prosecuted  prior  to  the  expiration  of  five  days  from  the  service,  mailing  or 
posting  of  the  notice,  the  one  who  caused,  owns  or  controls  the  encroachment  shall 
forfeit  ten  dollars  for  each  day  the  same  continues  unremoved.  If  the  encroachment 
is  such  as  to  effectually  obstruct  and  prevent  the  use  of  the  road  for  ordinary  travel,  or 
consists  of  refuse,  or  is  an  advertising  sign  of  any  description  (except  as  in  section  0 
of  this  act  provided)  the  department  of  engineering,  its  officers,  or  employees  may 
forthwith  remove,  or  cause  to  be  removed^  such  encroachment. 

Action  to  abate. 

^  3.  If  the  encroachment  is  disputed  and  denied  and  the  owner,  occupant  or  person 
controlling  the  matter  or  thing  charged  as  being  an  encroachment  refuses  to  remove 
or  permit  the  removal  thereof,  the  department  of  engineering,  in  the  name  of  the  people 
of  the  state  of  California,  must  commence  in  the  proper  court  an  action  to  abate  the 
same  as  a  nuisance.  If  such  department  recovers  judgment  it  may,  in  addition  to 
having  the  nuisance  abated,  recover  ten  dollars  for  every  day  such  nuisance  remains 
after  such  notice  and  also  its  costs  in  its  said  action. 

Department  may  remove. 

^  4.  If  the  encroachment  is  not  denied  but  is  not  removed  for  five  days  after  the 
notice  given,  as  provided  in  section  one  of  this  act,  the  department  of  engineering,  its 
officers  or  employees  may  remove  the  same  at  the  expense  of  the  owner,  occupant  or 
person  controlling  the  same,  and  such  department,  in  the  name  of  the  people  of  the 
state  of  California,  may  recover  its  costs  and  expenses  therefor,  and  also  ten  dollars 
for  each  day  the  same  remains  after  said  five  days '  notice  in  an  action  for  that  puiT>ose. 

Penalty  for  injury  to  higlTway.     Bridges  over  irrigation  ditches.    Dead  animals  on 

highway. 

^  5.  Whoever  obstructs  or  injures  any  state  road  or  highway  or  diverts  any  water 
course  thereon,  or  drains  water  from  his  land  on  any  such  highway,  to  the  injury 
thereof,  by  means  of  ditches  or  dams,  is  liable  to  a  penalty  of  ten  dollers  for  each  day 
such  obstruction  or  injury  remains  and  must  be  punished  as  provided  in  section  five 
hundred  eighty-eight  of  the  Penal  Code.  Any  person,  persons  or  corporations,  who 
shall,  by  storing  or  distributing  water  for  any  purpose,  permit  the  water  to  overflow, 
or  saturate  of  seepage,  any  state  road  or  highway,  to  the  injury  thereof,  shall,  upon 
notification   of  the   department   of  engineering,  its  officers   or  employees,  discontinue 


053  HIGHWAYS.  Aof  1903.  §§  0-10 

and  repair  the  damage  occasioned  bj'  such  overflow  or  seepage;  and  should  such  repair 
not  forthwith  be  made  by  such  person,  persons  or  corporations,  said  department  of 
engineering,  its  officers  or  employees  shall  make  such  repairs  and,  if  necessary,  divert 
the  flow  or  seepage,  and  such  department,  in  the  name  of  the  people  of  the  state  of 
California,  may  recover  the  expense  thereof  from  such  person,  persons  or  corporations 
in  an  action  by  law.  All  persons  excavating  irrigation,  mining  or  draining  ditches 
across  any  state  road  or  highway  shall  be  required  to  bridge  such  ditches  under  the 
direction  of  the  department  of  engineering,  its  officers  or  employees,  and  upon  neglect 
to  do  so,  such  department  shall  construct  the  same  and  recover,  in  the  name  of  the 
people  of  the  state  of  California,  the  cost  of  constructing  said  bridge  or  bridges  of  such 
person  by  action;  and  whoever  willfully  injures  any  bridge  on  a  state  road  or  highway 
is  hereby  declared  to  be  guilty  of  a  misdemeanor  and  is  also  liable  for  actual  damages 
for  such  injury,  to  be  recovered  by  such  department  of  engineering  in  the  name  of  the 
people  of  the  state  of  California  in  a  civil  action;  provided,  further,  that  every  person 
who  knowingly  allows  the  carcass  of  any  dead  animal,  which  animal  belongs  to  him  at 
the  time  of  its  death,  to  be  put  or  to  remain  within  one  hundred  feet  of  any  state  road 
or  highway,  and  every  person  who  puts  the  carcass  of  any  dead  animal  on  or  within 
one  hundred  feet  of  any  state  road  or  highway  shall  be  guilty  of  a  misdemeanor. 

Advertisements  on  highways. 

§  6,  No  sign,  picture,  transi^areney,  advertisement  or  mechanical  advertising  device 
shall  be  placed  upon  or  over  any  state  road  or  highway  without  a  permit  from  the 
department  of  engineering  or  its  appropriate  officers,  and,  if  so  placed,  shall  be  a 
public  nuisance  and  may  be  forthwith  removed  from  any  such  road  or  highwaj'  by  the 
department  of  engineering,  its  officers  or  employees,  and  any  person  who  shall  so  place 
the  same  shall  be  guilty  of  a  misdemeanor;  provided,  further,  that  nothing  herein  shall 
be  so  construed  as  to  prevent  the  posting  of  any  notice  provided  by  law  or  order  of  any 
court  to  be  posted. 

Penalty  for  cutting  down  trees. 

§  7.  Any  person  who  digs  up,  cuts  down,  injures  or  destroys  any  trees  on  any  state 
road  or  highway,  unless  the  same  is  deemed  an  obstruction  by  the  department  of  engi- 
neering, its  officers  or  employees  and  removed  under  their  direction,  unless  such  person 
has  received  a  permit  therefor  from  such  department  or  its  appropriate  officers,  or  is 
otherwise  lawfully  entitled  to  dig  up,  cut  down,  injure  or  destroy  such  trees,  shall  be 
guilty  of  a  misdemeanor. 

Disposition  of  fines. 

§  8.  All  penalties  or  forfeitures  and  other  recoveries  provided  by  this  act  and  not 
otherwise  provided  for  may  be  recovered  by  the  department  of  engineering  by  suit  in 
the  name  of  the  people  of  the  state  of  California  and  paid  into  the  state  treasury. 

Repealed. 

§  9.  An  act  entitled  "An  act  to  provide  for  the  care,  management,  and  protection 
of  state  highways,"  approved  March  24,  1903,  is  hereby  repealed. 

§  10.  All  acts,  or  parts  of  acts  in  conflict  with  the  provisions  of  this  act,  are  hereby 
repealed. 


Act  1010,  g§  1,  2  GENERAL,   LAWS. 

ROAD  DISTRICT  IMPROVEMENT  ACT  OF  1907. 
ACT  1910 — An  act  to  provide  for  work  upon  public  roads,  streets,  avenues,  boulevards, 
lanes  and  alleys  not  within  the  territory  of  incorporated  cities  or  towns;  for  the  inci- 
dental establishment  of  grades  thereof;  for  the  construction  therein  or  thereon  of 
sidewalks,  sewers,  manholes,  bridges,  cesspools,  gutters,  tunnels,  curbing  and  cross- 
walks; for  the  issue  of  bonds  representing  the  costs  and  expenses  thereof;  for  a 
special  fund  derived  in  part  from  the  county  road  fund  and  in  part  by  special  assess- 
ment upon  a  district,  and  for  the  establishment  of  such  districts. 

History:  Approved  March  21,  1907,  Stats.  1907,  p.  806.  Amended 
(1)  March  28,  1911,  Stats.  1911,  p.  506;  (2)  June  10,  1915.  In  effect 
August  9,  1915.  Stats.  1915,  p.  1394.  (3)  May  31,  1917.  In  effect 
July  30,  1917,  Stats.  1917,  p.  1369;  (4)  May  10,  1919.  In  effect 
July  22,  1919.  Stats.  1919,  p.  516.  (5)  May  15,  1919.  In  effect  July  22, 
1919.  Stats.  1919,  p.  558.  (6)  May  27,  1919.  In  effect  July  27,  1919. 
Stats.  1919,  p.  1336. 

Powers  of  boards  of  supervisors  to  do  road  woirk. 

§  1.  Power  is  hereby  vested  in  the  board  of  supervisors  of  every  county  in  this 
state,  by  and  under  the  procedure  prescribed  in  this  act,  to  grade  or  regrade  to  the 
official  grade,  plank  or  replank,  pave  or  repave,  macadamize  or  remacadamize,  gravel 
or  regravel,  pile  or  repile,  cap  or  recap,  oil  or  reoil  the  whole  or  any  portion  of  roads, 
streets,  avenues,  boulevards  lanes  or  alleys  so  far  as  not  within  the  territory  of  any 
incorporated  city  or  town,  and  so  far  as  by  dedication  or  otherwise,  public  and  open 
to  public  use,  and  to  do  so  for  any  length  or  width  of  the  same,  one  of  the  same  or 
any  number  of  the  same  in  combination,  and  to  construct  therein  or  thereon  sidewalks, 
sewers,  manholes,  culverts,  bridges,  cesspools,  gutters,  tunnels  curbing  and  crosswalks, 
and  to  do  the  aforesaid  things  singly  or  in  any  combination  of  the  same,  and  the  vari- 
ous items  of  the  said  work  and  constructions  need  not  be  conterminous;  and  to  issue 
bonds  representing  the  costs  and  expenses  of  any  said  work  or  constructions  as  in  this 
act  hereafter  provided;  and  to  constitute  a  fund  for  the  payment  of  such  bonds  as  in 
this  act  hereafter  provided;  and  to  constitute  a  special  fund  for  the  payment  of  such 
bonds  as  in  this  act  hereafter  provided;  and  to  levy  special  assessment  taxes  upon  a 
district  as  in  this  act  hereafter  provided;  and  to  establish  said  district  and  determine 
its  boundaries  as  in  this  act  hereafter  provided;  and,  as  incidental  to  the  exercise  of  the 
powers  aforesaid,  to  establish  official  grades  within  said  district  and  such  districts; 
and  to  transfer  from  county  road  funds  to  such  special  funds  as  in  this  act  hereafter 
provided ;  and  to  purchase  material  and  furnish  the  same  to  be  used  in  the  doing  of  any 
of  the  works  above  named. 

Prohibited  work. 

But  said  board  of  supervisors  are  hereby  prohibited  from  doing,  under  the  pro- 
visions of  this  act,  any  work,  except  sewer  or  drain  work,  within  the  roadway  of  any 
railroad  or  within  any  area  which  by  law  is  required  to  be  kept  in  order  or  repair  by 
any  person  or  company  having  railroad  tracks  thereon,  and  this  prohibition  shall  have 
the  effect  of  excepting  the  prohibited  work  from  that  described  in  any  resolution  of 
intention  in  any  proceeding  under  this  act,  and  of  charging  all  persons  with  notice  of 
such  exception  or  exclusion,  and  such  exception  of  said  prohibited  work  need  not  be 
made  in  any  such  resolution  of  intention.  [Amendment  of  May  31,  1917.  In  effect 
July  30,  1917.     Stats.  1917,  p.  1370.] 

Specifications  for  work. 

^  2.  Before  any  resolution  of  intention  is  passed  under  this  act,  specifications  for 
work  substantially  the  same  as  that  described  in  the  resolution  of  intention  and  for  a 
district  to  be  benefited  by  said  work  substantially  the  same  as  that  described  in  the 
resolution  of  intention,  shall  be  furnished  by  some  competent  person  who  shall  have 


055  HIGHWAYS.  Act  1010,  §  3 

been  designated  bj'  the  board  of  supervisors  for  that  purpose,  by  a  resolution  to  be 
entered  by  the  clerk  upon  the  minutes  of  said  board.  ExcejDt  where  there  is  already 
an  official  grade  established  in  as  a  part  of  such  specifications  grades  shall  be  specified 
for  all  roads,  streets,  avenues,  boulevards,  lanes  and  alleys  or  portions  thereof,  pro- 
posed in  said  resolution  of  intention  to  be  improved,  so  far  as  the  same  are  so  pro- 
posed to  be  improved.  If  any  official  grade  has  already  been  adopted  or  established 
for  any  of  said  roads,  streets,  avenues,  boulevards,  lanes  or  alleys  proposed  to  be 
improved,  it  shall  be  lawful  in  said  specifications  to  provide  for  new  or  different  grades 
therefor  fi'om  those  already  established  or  adopted. 

Description  of  work  and  district. 

Neither  the  work  nor  the  district  need  be  described  in  the  resolution  appointing  such 
person  except  so  far  as  may  be  sufficient  to  identify  the  work  and  district  for  which 
the  specifications  are  prepared,  and  for  such  purpose  it  shall  suffice  to  designate  the 

same  as  "In  the  matter  of  road  district  improvement  No and  resolution 

of  intention  No "  (inserting  the  same  number  of  both  blanks). 

JEstimate  of  cost. 

Such  specifications  shall  include  an  estimate  of  the  aggregate  amount  of  the  cost  of 
the  work  inclusive  of  incidental  expenses  and  of  the  procedure.  Such  specifications 
shall  be  signed  by  the  person  designated  to  furnish  them  and  be  filed  with  the  clerk 
of  the  board  of  supervisors.  [Amendment  of  June  10,  1915.  In  effect  August  9,  1915, 
Stats.  1915,  p.  1394.] 

Besolution  of  intention. 

^  3.  Before  ordering  any  work  to  be  done  under  this  act,  the  board  of  supervisors 
shall  pass  a  resolution  of  intention  so  to  do.  Such  resolution  may,  in  form,  and  shall, 
in  substance,  be  (filling  all  blanks)  as  indicated  following,  to  wit: 

Form  of  resolution. 

In  the  matter  of  road  district  improvement  No Resolution  of  intention 

No (the  same  number  for  both  blanks). 

Resolved,  That  it  is  the  intention   of  the  board  of  supervisors   of  the  county   of 

,  State  of  California,  proceeding  under  and  by  virtue  of  the  road  district 

improvement  act  of  1907,  and  in  the  matter  of  road  improvement  district  No 

on  the  day  of  ,  191 . . ,  at  the  hour  of  in.  of 

that  day  or  as  soon  thereafter  as  the  matter  can  be  heard,  at  the  chambers  of  said 
board,  to  order  work  to  be  done,  as  follows:  (Here  insert  a  description  of  the  work, 
stating  the  territorial  extent  thereof  with  all  reasonable  exactness,  and  in  other  par- 
ticulars generally,  yet  so  as  to  indicate  fairly  and  approximately  its  probable  cost), 
the  said  work  to  be  done  in  accordance  with  the  specifications  therefor  filed  with  the 

clerk  of  said  board  on  the   day  of   ,  191..,  except  as  the 

boundaries  of  the  district  and  grades  therein  specified  may  be  changed  at  the  hearing 
of  the  matter  hereinafter  mentioned,  which  specifications  are  made  part  hereof,  and  to 
which  all  persons  are  referred  for  further  particulars  as  to  said  work.  For  the  costs 
and  expenses  of  the  work  and  the  proceeding  bonds  will  be  issued  to  the  amount  of 

the  same,  bearing  interest  at  the  rate  of   per  cent  per  annum,  payable 

semi-annually,  and  one part  of  the  principal  annually,  all  in  gold  coin 

and  the  aggregate  principal  of  said  bonds  shall  be  paid  and  discharged  within 
" "  years  from  the  issue  thereof. 

A  special  fund  for  the  payment  of  said  bonds  is  to  be  constituted  by  the  levy  of 
si^ecial  assessment  taxes  upon  all  land  within  a  district  to  be  known  as  "road  improve- 
ment district  No of  the  county  of ,"  (and  it  may  be  added, 

"and  partly  by  transfer  of  moneys  from  county  road  funds"). 


Act  1010.  g  4  GENEIIAL   LAWS.  036 

Such  district  (as  proposed)  being  all  that  territory  in  the  county  of , 

State  of  California,  within  exterior  boundaries  as  follows,  to  wit : (the 

blank  to  be  filled  with  a  careful  statement  of  the  exterior  boundaries  of  the  district). 

Notice  is  hereby  given  that  at  the  time  specified  hereinbefore  for  ordering  the  work, 

the  matter  of  said  road  district  improvement  No will  come  up  for  hearing, 

and  all  objections,  which  are,  under  the  provisions  of  said  road  district  improvement 
act  of  1907,  entitled  to  be  heard  or  determined,  will  then  be  heard  and  determined,  and 
the  boundaries  of  said  district  and  grades  therein  be  finally  determined  and  established. 

The  (here  insert  name  and  character  of  newspaper),  is  hereby  desig- 
nated as  the  newspaper  for  making  publication  of  this  resolution  and  for  making  all 
other  publications  in  the  proceeding. 

,  a  competent  person,  is  hereby  appointed  superintendent  of  work  with 

eomiDensation  at  the  rate  of dollars  per  diem  for  days  actually  spent  in 

the  performance  of  duty  under  this  appointment,  (or,  in  lieu  of  the  paragraph  last 
preceding,  it  may  appear,  " ,  a  county  oflfieer  is  hereby  appointed  super- 
intendent of  work  without  compensation"). 

The  foregoing  resolution  was,  on  the day  of ,  191 . . ,  passed 

by  the  board  of  supervisors  of  the  county  of ,  State  of  California. 

Attest    

Clerk  of  the  board  of  supervisors  of  said 
county  of  

By    

Deputy  Clerk. 
Principal  and  interest. 

The  principal  and  interest  of  the  bonds  representing  the  cost  of  work  done  under 
the  provisions  of  this  act,  shall  be  payable  in  gold  coin  of  the  United  States  of  America, 
and  the  board  of  supervisors  is  authorized  to  determine  the  time,  not  to  exceed  twenty 
years,  in  which  bonds  issued  to  represent  the  cost  of  the  work  shall  be  paid,  and  to 
determine  the  rate,  not  to  exceed  seven  per  cent  per  annum,  of  the  interest  to  be  paid 
thereon,  which  interest  shall  be  payable  semi-annually,  and  to  make  such  bonds  in  all 
respects  as  indicated  by  the  form  therefor,  in  this  act  hereafter  provided.  [Amend- 
ment of  May  31,  1917.     In  effect  July  30,  1917.     Stats.  1917,  p.  1370.] 

Publication  of  resolution.    Copies  posted. 

§  4.  Such  resolution  of  intention  shall  be  filed,  and  be  published  by  at  least  two 
insertions  in  the  newspaper  therein  designated,  which  shall  be  a  newspaper  published 
and  circulated  in  the  county,  or,  if  there  be  no  such  newspaper,  then  in  any  newspaper 
designated  by  said  board  of  supervisors  in  such  resolution.  Printed  copies  of  such 
resolution,  headed,  "notice  of  road  district  improvement,"  such  heading  to  be  in  letters 
not  less  than  one  inch  in  length,  shall  be,  by  the  superintendent  of  work,  or  by  some 
person  appointed  by  him  for  the  purpose,  posted  along  the  line  of  the  Avork  described 
in  said  resolution,  at  not  more  than  one  hundred  feet  in  distance  apart,  but  not  less 
than  three  in  all. 

Power  to  proceed. 

Affidavits  in  proof  of  such  publication  and  posting  shall  be  filed  with  the  clerk  of 
the  board  of  supervisors.  When,  before  the  day  of  the  hearing  specified  in  the  resolu- 
tion of  intention,  twenty  days  have  elapsed  since  the  posting  and  the  first  publication 
(they  need  not  be  simultaneous)  of  the  resolution  of  intention,  the  board  of  supervisors 
shall  have  acquired  power  to  proceed  with  such  hearing  and  to  take  all  other  action  in 
the  proceeding  as  is  in  this  act  authorized. 


I 


A 


957  HIGHWAYS.  Act  1910.  §§  5,  tt 

Evidence  of  facts. 

The  determination  of  the  board  of  supervisors  to  proceed  with  such  hearing,  whether 
evidenced  by  an  express  declaration  or  by  its  proceedings  to  make  other  determinations 
at  such  hearing,  shall  be  presumptive  evidence,  at  least,  of  the  existence  of  all  the 
facts  upon  which  the  power  of  the  board  to  proceed  depends,  except  such  as  are  re- 
quired to  appear  of  the  record  in  the  proceeding,  and  except,  also,  in  so  far  as  such 
presumption  is  rebutted  by  the  record  in  the  proceeding.  [Amendment  of  May  31,  1917. 
In  effect  July  30,  1917.     Stats.  1917,  p.  1372. J 

Objections  to  work. 

$  5.  At  any  time  before  the  day  in  the  resolution  of  intention  specified  for  ordering 
the  work  and  the  hearing  of  the  matter,  any  owner  of  land  within  the  boundaries  of  the 
district  as  set  forth  in  said  resolution,  may,  severally  or  with  other  such  owners,  file 
with  the  clerk  of  the  board  of  supervisors  written  objection  to  the  ordering  of  the 
work,  as  an  entirety  and  not  merely  to  some  part  thereof,  as  described  in  the  resolution 
of  intention. 

If  upon  said  hearing  it  appears  that  a  majority  of  the  owners  of  land  within  the 
district,  as  set  forth  in  the  resolution  of  intention,  have  so  in  writing  made  objection 
going  to  the  entirety  of  the  work  described  in  the  resolution  of  intention  and  to  the 
ordering  of  the  same,  the  board  of  supervisors  shall,  by  a  resolution,  to  be  entered  in 
its  minutes,  so  find;  and  thereupon  such  board  shall  have  no  power  to  proceed  further 
under  said  resolution  of  intention,  or  to  pass  any  resolution  of  intention  for  doing  the 
same  work,  during  a  period  of  one  year,  next  after  the  time  of  such  finding;  and  the 
accrued  costs  of  the  proceedings  shall  be  a  charge  upon  the  county.  But  if  the  fact  be 
that  a  majority  of  the  owners  of  land  lying  within  the  district,  as  set  forth  in  said 
resolution  of  intention,  have  not  so  in  writing  made  objection  going  to  the  ordering 
of  the  work,  as  an  entirety,  the  board  of  supervisors  shall  so  find,  and  thereupon  pro- 
ceed with  the  hearing;  but  such  finding  need  not  then  be  in  writing  and  may,  for  the 
purpose  of  proceeding  with  the  hearing,  be  a  mere  announcement  of  the  board,  to  be 
noted  in  the  minutes  by  the  clerk. 

At  the  conclusion  of  the  hearing,  however,  the  said  finding  shall,  severally  or  with 
other  determinations  of  the  board,  be  made  in  writing  to  be  filed  and  entered  upon  the 
minutes  of  the  board. 

Owners  of  land  within  the  meaning  of  this  section  are  those  and  those  only,  who 
appear  to  be  such  upon  the  records  in  the  recorder's  ofiice  of  the  county  in  which  the 
district  is  situated,  on  the  day  before  the  day  for  said  hearing,  and  an  executor  or 
administrator  shall  be  deemed  representative  of  his  decedent,  and  a  trustee  of  an 
express  trust  in  land  other  than  as  security  for  the  payment  of  money,  of  the  land  held 
in  such  trust,  and  a  trustee  in  bankruptcy,  of  the  bankrupt. 

Next  after  in  order  of  hearing,  the  board  shall  proceed  to  hear  such  objections  as 
may  be  made  to  the  grades  specified  in  the  specifications. 

Thereafter,  in  the  order  of  the  hearing  shall  be  heard  such  objections  as  shall  be 
made  to  the  boundaries  of  the  district  as  set  forth  in  the  resolution  of  intention. 
Objection  to  the  grades  or  to  the  boundaries  of  the  district  may  be  made  by  an  owner 
of  land  lying  within  the  district  upon  the  hearing  without  any  written  statement  of 
the  same. 

The  hearing  may  be  continued  from  time  to  time  by  the  board  of  supervisors  by  an 
order  to  be  entered  in  the  minutes  of  the  board. 

Declaration  of  findings. 

\  6.  Unless  the  power  to  proceed  shall  have  ceased,  as  hereinbefore  provided,  the 
board  of  supervisors  shall  in  conclusion  of  the  ai'oreiut'iitioiied  hearing,  and  as  a  suffi- 
cient determination  of  all  questions  arising  thereat,  by  resolution  or  resolutions  to  be 


Act  1910,  §  7  GENERAL   LAAVS.  958 


entered  upon  its  minutes,  declare  its  finding  that  a  majority  of  the  owners  of  land 
within  the  district  described  in  the  resolution  of  intention  have  not  before  the  day  of 
the  hearing  filed  written  objection,  going  to  the  ordering  of  the  work  to  be  done,  and 
determining  the  boundaries  of  the  district  to  be  benefited  by  the  improvement,  and  the 
grades  thereon.  If  no  changes  be  made  in  the  boundaries  of  the  district  as  the  same 
are  set  forth  in  the  resolution  of  intention,  it  shall  be  sufiScient  to  state  that  the  bound- 
aries of  the  district  are  those  set  forth  in  the  resoluion  of  intention,  but  if  any  change 
of  such  boundaries  is  made,  the  boundaries  of  the  district,  as  finally  determined,  shall 
be  fully  set  forth. 

Grades  and  boundaries  determined. 

If  no  change  be  made  as  to  the  grades,  as  set  forth  in  the  specifications  on  file,  it 
shall  be  sufficient  to  state  that  the  grades  of  the  same,  as  finally  determined,  are  those 
set  forth  in  such  specifications.  In  either  case,  the  boundaries  of  the  district  so  deter- 
mined shall  be  the  boundaries  of  the  district  for  all  purpose [s]  of  the  proceeding  and 
until  any  bonds  to  be  issued  for  the  cost  of  the  work  shall  have  been  fully  paid  and 
discharged;  and  the  grades  so  determined  shall  be  the  grades  of  the  district  for  all  the 
purposes  of  the  proceeding  and  the  "official  grade"  within  the  meaning  of  section  one 
of  this  act;  provided,  however,  that  the  boundaries  of  the  district,  as  the  same  are  set 
forth  in  the  resolution  of  intention,  shall  not  be  so  changed  as  to  include  within  the 
district  any  territory  not  within  its  boundaries  as  set  forth  in  that  resolution,  nor 
so  that  the  place  or  locality  of  any  work  described  in  such  resolution  of  intention  shail 
be  excluded  from  the  boundaries  of  the  district  as  so  finally  determined. 

Time  for  receiving  bids. 

In  like  manner  the  board  of  supervisors  may  order  the  work  to  be  done,  and  if  H 
so  do,  shall  fix  a  time  for  receiving  proposals  or  bids  for  doing  the  work,  and  direct 
the  clerk  to  give  notice  accordingly,  inviting  sealed  proposals  or  bids.  Such  notice 
shall  include  a  statement  that  the  work  is  to  be  done  "under  the  provisions  of  the 
Road  District  Improvement  Act  of  1907,"  and  according  to  the  specifications  on  file 
therefor,  except  in  so  far  as  the  grades  specified  therein  shall  have  been  fixed  otherwise 
by  the  board  of  supervisors  in  conclusion  of  the  hearing  in  said  act  provided;  to  which 
said  act,  to  the  resolution  of  intention  and  all  proceedings  had  thereunder  the  intention 
of  bidders  is  hereby  directed,  and  by  this  reference  made  a  part  of  this  notice.  [Amend- 
ment of  June  10,  1915.     In  effect  August  9,  1915.     Stats.  1915,  p.  1395.] 

Publication  of  notice  inviting  bids. 

§  7.  The  notice  inviting  sealed  proposals  or  bids  shall  be  published  by  at  least  two 
insertions  in  the  newspapers  designated  in  the  resolution  of  intention  and,  not  neces- 
sarily simultaneously,  a  copy  or  copies  of  the  same  be  posted  and  kept  posted  for  five 
days,  at  or  near  the  chamber  door  of  the  board  of  supervisors.  All  proposals  or  bids 
shall  be  accompanied  by  a  check,  payable  to  the  order  of  the  presiding  officer  of  the 
board  of  supervisors,  certified  by  a  responsible  bank  for  an  amount  not  less  than  ten 
per  cent  of  the  aggregate  of  the  proposal  or  bid,  or  by  a  bond  for  said  amount  running 
to  the  presiding  officer  of  the  board  of  supervisors,  signed  by  the  bidder,  with  two 
sureties  qualifying  each  in  said  amount  over  and  above  all  statutory  exemptions  before 
an  officer  competent  to  administer  an  oath. 

Consideration  of  bids. 

Said  proposals  or  bids  shall  be  delivered  to  the  clerk  of  said  board,  and  said  board 
shall,  in  open  session,  examine  and  declare  the  same,  but  no  proposal  or  bid  shall  be 
considered  unless  accompanied  by  said  check  or  such  bond  in  terms  satisfactory  to  the 
board.    The  board  may  reject  any  and  all  proposals  or  bids  should  it  deem  this  for  the 


1 


959  HIGHWAYS.  Act  1910,  §§  S.  9 

public  good,  and  shall  reject  all  proposals  or  bids  other  than  the  lowest  regular  pro- 
posal or  bid  of  any  responsible  bidder,  and  may  award  the  contract  for  said  work  to 
the  lowest  responsible  bidder  at  the  price  named  in  his  bid. 

Notice  of  award  to  be  published. 

A  notice  of  such  award,  attested  by  the  clerk  of  the  board  of  supervisors,  shall  be 
published  two  days  and  posted  for  five  days  in  the  same  manner  as  hereinbefore  pro- 
vided with  respect  to  the  notice  inviting  proposals  or  bids. 

Bonds  accompanying  bids. 

The  check  or  bonds  accompanying  such  accepted  proposals  or  bids  shall  be  kept  by 
the  clerk  of  said  board  until  the  contract  for  doing  said  work,  as  hereinafter  provided, 
has  been  entered  into.  If  said  bidder  fails,  neglects  or  refuses  to  enter  into  the  con- 
tract for  said  work,  as  hereinafter  provided,  then  the  certified  check  accompanying 
his  bid,  and  the  amount  therein  mentioned,  shall  be  declared  forfeited  to  the  county, 
and  may  be  collected  by  it  and  paid  into  its  road  fund,  and  any  bond  forfeited  may  be 
prosecuted,  and  the  amount  thereof  collected  and  paid  into  said  fund. 

Successful  bidder  to  pay  for  advertising. 

Before  being  entitled  to  a  contract  the  bidder  to  whom  the  award  thereof  has  been 
made  must  advance  and  pay  to  the  clerk  of  the  board  of  supervisors,  for  payment  by 
bim  the  costs  and  expenses  of  publishing  and  posting  resolutions,  notices  and  orders 
required  under  this  act  to  be  made,  which  have  been  made,  given,  posted  or  published 
in  the  proceeding.  [Amendment  of  May  31,  1917.  In  effect  July  30,  1917.  Stats. 
1917,  p.  1373.] 

Owners  may  file  notice  of  irregularity. 

§  8.  At  any  time  within  ten  days  from  the  date  of  the  first  publication  of  the  notice 
of  award  of  contract  any  owner  of,  or  other  person  having  any  interest  in  any  lot  or  land 
within  the  boundaries  of  the  assessment  district  who  claims  that  any  of  the  previous 
acts  or  proceedings  relating  to  said  improvement  are  irregular,  defective,  erroneous  or 
faulty  may  file  with  the  clerk  of  the  board  of  supervisors  a  written  notice  specifying 
in  what  respect  said  acts  and  proceedings  are  irregular,  defective,  erroneous  or  faulty. 
All  objections  to  any  act  or  proceedings  prior  to  the  first  day  of  publication  of  the 
aforesaid  notice  of  award  in  relation  to  said  improvement  not  made  in  writing,  and  in 
the  m.anner  and  at  the  time  aforesaid,  shall  be  waived.  It  is  the  intent  of  this  section 
that  any  person  failing  to  file  such  notice  within  the  time  specified  shall  be  deemed  to 
have  intentionally  waived  every  objection  to  the  regularity  or  validity  of  such  acts  or 
proceedings.  If,  for  fifteen  days  after  the  first  publication  of  said  notice  of  award,  the 
bidder  to  whom  the  contract  was  awarded,  fails,  neglects  or  refused  to  enter  into  the 
contract,  the  board  of  supervisors  may  direct  the  clerk  of  the  board  to  give  notice 
inviting  sealed  proposals  and  bids  and  thereupon  the  board  shall  proceed  as  in  the 
first  instance,  and  as  in  the  case  of  the  default  of  the  first  awardee,  so  also  in  the  event 
of  the  second.  [Amendment  of  June  10,  1915  In  effect  August  9,  1915.  Stats.  1915, 
p.  1396.] 

Terms  of  contract.    Bond  of  contractor. 

§  9.  The  presiding  officer  of  the  board  of  supervisors  is  hereby  authorized,  in  the 
name  of  the  county  to  execute  the  contract  with  the  awardee  of  the  same,  and  to  receive 
and  approve  all  bonds  by  this  act  required  on  the  part  of  such  awardee,  and  shall,  by 
the  terms  of  said  contract,  fix  the  time  for  the  beginning  of  the  work,  which  shall  not 
be  more  than  twenty  days  from  the  date  thereof,  and  the  contract  shall  provide  that 
the  work  be  prosecuted  with  diligence  until  completed,  and  a  time  for  such  completion 
shall  be  in  the  contract  fixed,  but  such  time  of  completion  may  be  extended  from  time 


Act  1010,  §  Oa  GENERAI.   LAWS, 

to  time  by  the  board  of  supervisors,  in  its  discretion,  and  by  resolution,  which  shall  be 
entered  by  the  clerk  in  the  minutes  of  said  board,  a  copy  of  which  shall  be  b}'  said  clerk 
indorsed  upon  or  annexed  to  the  contract. 

Before  entering  upon  such  contract,  a  bond  shall  be  executed  and  filed,  running  to  the 
county,  in  an  amount  not  less  than  one-half  of  the  contract  price  of  the  work,  signed 
by  the  contractor  and  two  or  more  sureties,  who  shall  aggregately,  unless  surety  com- 
panies, qualify  before  an  officer  entitled  to  administer  the  oath  in  a  sum  equal  to  the 
amount  of  the  bond,  each  surety  in  the  amount  for  which  he  becomes  surety.  Such 
bond  shall  be  conditioned  for  the  faithful  execution  of  the  contract  by  the  party  con- 
tracting to  do  the  work,  and  the  payment  by  him  for  all  labor  and  materials  furnished 
for  or  in  the  doing  of  the  Avork.  The  form  and  sufficiency  of  said  bond  shall  be  passed 
upon  by  some  member  of  the  board  of  supervisors,  and  such  bond  shall  inure  as  well 
to  the  benefit  of  any  and  all  persons  furnishing  labor  or  materials  for  the  work  as  to 
the  county. 

Said  contract  shall  undertake  on  behalf  of  the  county  that  the  board  of  supervisors 
will,  upon  the  fulfillment  and  performance  of  the  contract  on  the  part  of  the  con- 
tractor, and  under  the  provisions  of  the  "Road  District  Improvement  Act  of  1907,"  take 
all  steps,  in  or  by  said  act  authorized  to  be  taken,  to  effect  the  issuing  by  the  county 
treasurer  of  the  bonds  in  said  act  authorized  to  be  issued,  and  provide  a  fund  for  the 
paj^ment  of  the  same,  as  in  or  by  said  act  prescribed;  and  it  shall  be  in  such  contract 
stated  that  in  no  case  shall  the  county  be  liable  under  the  contract,  nor  any  officer 
thereof  be  thereunder  holden  except  for  the  discharge  of  official  duty  under  the  law. 

If  contractor  fails  to  carry  out  contract. 

§  9a.  If  the  contractor  shall  fail  to  begin  in  good  faith  the  work  provided  for  in  said 
contract  within  the  time  in  said  contract  set  forth,  or  shall  fail  thereafter  to  prosecute 
said  work  in  a  workmanlike  and  diligent  manner,  or  shall  fail  in  any  other  respect  to 
carry  out  the  terms  of  said  contract,  then  the  board  of  supervisors  shall  cause  written 
notice  to  be  served  upon  said  contractor,  specifying  the  particular  or  particulars  in 
which  he  fails  to  fulfill  the  requirements  of  said  contract  and  if  for  a  period  of  three 
days  thereafter  said  contractor  shall  fail  to  remedy  the  defects  set  forth  in  said  notice, 
and  to  prosecute  said  work  thereafter  with  diligence  and  in  a  workmanlike  manner, 
then  the  board  of  supervisors  shall  either  take  over  said  contract  and  complete  said 
work,  or  shall  relet  said  contract,  without  the  necessity  of  advertising  for  bids,  and 
cause  the  work  to  be  completed,  and  shall  declare  the  bond  given  by  said  contractor 
forfeited  and  order  suit  brought  thereon,  and  all  moneys  collected  therefrom  shall  be 
paid  into  the  general  road  fund  of  the  county. 

Action  to  recover  on  bond. 

If  the  contractor  shall  fail  to  pay  for  any  labor  or  material  furnished  for,  or  in  the 
doing  of  said  work,  by  any  person,  such  person  shall  have  and  hold  a  lien  against  the 
bonds  to  be  issued  to  cover  the  cost  and  expenses  of  said  work.  Such  person  may  at 
any  time  prior  to  the  issuance  of  said  bonds  file  with  the  county  treasurer  a  verified 
sitatement  of  the  fact  that  he  has  not  been  paid  for  such  labor  or  material.  The  county 
treasurer  shall  withhold  from  the  contractor  or  any  one  claiming  under  him  as  assignee 
or  otherwise,  sufficient  of  said  bonds  to  satisfy  such  claim,  and  costs  which  can  reason- 
ably be  anticipated.  Such  claimant,  if  he  so  elects,  and  if  he  has  not  received  the  said 
bonds,  may  as  an  alternative,  at  any  time  within  six  months  after  the  filing  of  such 
statement  bring  an  action  on  the  bond  of  the  sureties  in  his  own  name,  or  if  he  has 
assigned  his  claim,  the  action  may  be  brought  in  the  name  of  the  assignee;  provided, 
however,  that  the  right  of  the  county  to  recover  on  said  bond  shall  be  superior  to  the 
rights  of  such  claimant  to  recover  thereon.  [Amendment  of  May  15,  1919.  In  effect 
July  22, 1919.    Stats.  1919,  p.  558.] 

This  section  was  added  May  31.  1917,  Stats.  1917,  p.  1373. 


J 


961  niGHW'AYS.  Act  1810,  §  10 

When  work  is  completed,  declaration  to  be  filed.    Notice  of  hearing  whether  work  shall 
be  accepted.    Hearing. 

5 10.  As  soon  as  may  be  done  in  good  faith,  there  shall  be  filed  with  the  clerk  of  the 
board  of  supervisors  a  declaration  that  the  work  has  been  completed  according  to  the 
contract,  together  with  an  itemized  statement  of  all  the  incidental  costs  and  expenses 
of  the  work  and  the  proceeding  inclusive  of  the  estimated  cost  of  publishing  the  notice 
of  final  hearing  hereinafter  mentioned. 

The  aggregate  of  such  items  shall  be  stated,  and,  also,  the  amount  due  as  of  the 
contract  price;  and  also  the  gross  sum  for  a  bond  issue  representing  the  entire  amount 
thereof,  as  claimed  by  the  contractor.  The  said  declaration  and  statements  shall  be 
signed  and  verified  by  the  superintendent  of  work,  and  by  the  contractor  or  some  person 
cognizant  of  the  facts,  signing  on  behalf  of  the  contractor,  and  stating  why  he,  instead 
of  the  contractor,  so  signs  and  verifies.  Either  signer  may  except  from  his  signature 
and  verification  any  amount  or  item  to  which  he  does  not  assent. 

The  presiding  officer  of  the  board  of  supervisors  is  hereby  authorized  to  fix  a  time 
and  give  notice  for  a  hearing  for  the  purpose  of  determining  whether  the  work  shall 
be  accepted  as  being  completed  according  to  the  contract,  and  for  determining  the 
aggregate  amounts  for  which  bonds  shall  be  issued  representing  the  total  cost  of  the 
work,  and  the  amount  of  the  incidental  costs  and  expenses  of  the  work,  and  the  pro- 
ceedings which  is  to  be  charged  to  and  paid  by  the  contractor. 

Such  hearing  shall  be  known  as  the  final  hearing.  The  notice  of  such  hearing  may,  in 
form,  and  shall,  in  substance  be  (filling  the  blanks)  as  follows: 

Notice  of  Final  Hearing. 
In  the  Matter  of  Road  District 

Improvement  No.  

Notice  is  hereby  given  that  a  final  hearing  of  the  above  named  matter  will  be  bad 

at  the  hour  of m.  on  the day  of  ,  19 — ,  at  the  chamber  of  the  board  of 

supervisors  of  the  count}'  of ,  State  of  California,  for  the  purpose  of  determining 

whether  the  work  done  under  the  contract  made  with under  Resolution  of  Intention 

No. in  Road  Improvement  District  No. of  the  county  of shall  be  accepted 

as  being  performed  according'to  the  contract,  and  for  determining  the  aggregate  amount 
for  V  hieh  bonds  shall  issue  representing  the  cost  of  such  woi'k,  inclusive  of  the  inci- 
dental costs  and  expenses  of  the  work  and  the  proceeding,  of  which  a  statement  has 

been  filed  with  the  clerk  of  said  board  of  supervisors  of  the  county  of ,  to  which 

statement  the  attention  of  all  persons  interested  is  hereby  directed. 

^—  of  the  Board  of  Supervisors 

of  the  county  of 

Attest : 


Clerk  of  said  Board  of  Supervisor 

By 

(If  so  the  fact  be.)  Deputy  Cler4 

Such  notice  shall  be  signed  by  the  presiding  officer  of  the  board  of  supervisors  an4 
attested  by  the  clerk  of  the  board  of  supervisors  and  published  by  at  least  two  inser- 
tions in  the  newspaper  designated  in  the  resolution  of  intention,  and  copy  or  copies 
thereof,  posted  and  kept  posted  for  two  days  at  or  near  the  chamber  door  of  the  board 
of  supervisors,  the  first  day  of  such  publication  and  that  of  such  posting  (they  need  not 
be  simultaneous)  to  be  not  less  than  five  days  before  the  day  in  said  notice  specified  for 
the  hearing. 

Proof  of  such  publication  shall  be  made  by  aflidavit  or  affidavits,  and  the  same  shall 
be  filed.    If  a  quorum  be  not  present  at  the  time  in  the  notice  specified  for  the  hearing, 

0«n.  Laws — fil 


Act  1010,  e  11  GENERAL  LAWS.  900  . 

a  member  or  members  of  the  board  then  present  may  continue  the  hearing  from  day 
to  day,  and  at  all  stages  thereof  the  hearing  may,  by  resolution,  to  be  entered  in  the 
minutes,  be  continued  from  time  to  time. 

At  any  time  before  the  day  in  said  notice  specified  for  the  hearing,  any  owner  of  prop- 
erty not  exempt  from  taxation  within  the  district,  as  finally  established,  may  solely  or 
with  any  other  such  owner  or  owners,  file  written  objection  to  the  acceptance  of  the 
work  on  the  ground  that  the  work  has  not  been  completed  or  done  according  to  the 
contract,  specifying  in  ordinary  language  the  particulars  in  which  the  contract  has  not 
been  so  completed  or  done. 

Any  person  interested  in  the  proceeding,  as  of  the  interest  of  the  contractor,  shall 
be  presumed  to  take  issue  with  such  objection,  and  be  heard  accordingly. 

Questions  going  to  the  incidental  costs  or  expenses  of  the  work  or  the  proceedings 
may  be  raised  orally  by  any  owner  of  property  not  exempt  from  taxation,  situated  within 
the  district. 

Evidence  may  be  adduced  going  to  any  of  the  matters  to  be  determined,  and  in  such 
order  as  the  board  may  summarily  direct. 

If,  when  the  matter  has  been  fully  heard,  whether  under  or  in  the  absence  of  objec- 
tions, the  board  of  supervisors  is  of  the  opinion  that  the  work  has  not  been  completed  or 
done  according  to  the  contract,  it  shall  in  writing,  specify  what  must  be  done  in  order 
to  complete  the  work,  and  shall,  by  an  order  or  resolution  to  be  entered  in  its  minutes, 
continue  the  further  hearing  of  the  whole  matter  to  a  specified  day,  expressly  stating 
that  such  continuance  is  for  the  purjiose  of  enabling  the  contractor  to  complete  his 
contract. 

On  said  continued  hearing  the  objections  filed  before  the  day  of  the  first  hearing  shall 
continue  in  force  as  against  the  work,  and  evidence  be  received,  if  offered,  as  to  wliat 
has  been  done  by  way  of  completing  the  contract  in  the  particulars  specified  iu  the 
order  of  the  board  on  the  said  continuance  of  the  hearing. 

If,  upon  such  continued  hearing,  it  is  the  opinion  of  the  board  that  the  work  is  still 
uncompleted,  in  the  particulars  as  to  which  it  was  ordered  to  be  completed,  it  shall  be 
discretional  with  said  board  to  order  or  refuse  a  second  continuance  of  the  hearing. 
If  the  board  do  order  such  second  continuance,  it  shall  be  ordered  in  the  same  manner 
and  with  like  effect  as  provided  aforesaid,  upon  the  first  continuance. 

And  as  provided  aforesaid  for  a  second  continuance  so  of  any  other  or  further  con- 
tinuance. 

Objections  to  any  item  of  incidental  costs  and  expenses,  shall  pend  and  be  hoard  on 
said  day,  or  at  any  continued  hearing  had,  as  in  this  section  aforesaid  provided. 

Every  continuance  of  said  hearing  for  the  purposes  of  enabling  the  contractor  to 
complete  his  contract  or  the  work  shall  continue  or  revive  such  powers  of  the  board  to 
supervisors  had,  under  the  provisions  of  this  act,  in  the  proceeding,  at  the  time  of  the 
filing  of  the  contractor's  declaration  that  the  work  was  completed,  as  provided  afore- 
said, and  also  operate  to  extend  the  time  for  the  completion  of  said  contract  in  such 
manner  that  its  completion  within  the  time  to  which  the  hearing  is  continued,  shall  be 
as  valid  performance  of  such  contract  as  if  completed  at  the  time  of  filing  such  declara- 
tion or  statement. 

Resolution  of  acceptance.    Decision  final. 

§  11.  Whenever  upon  the  hearing  in  section  10  aforesaid  provided,  whether  at  the 
first  or  any  continued  hearing,  it  shall  be  the  opinion  of  the  board  of  supervisors  that 
the  work  has  been  completed  and  done  according  to  the  contract,  said  board  .shall  by 
resolution  to  be  entered  upon  its  minutes  so  declare,  and  that  the  work  is  accepted,  and 
shall  in  said  resolution  state  the  amount  of  the  contract  price  for  the  doing  of  the 


i 


003  HIGHWAYS.  Act  1010,  g  lU 

work  specified  and  performed,  and  the  amount  of  the  incidental  costs  and  expenses  of 
the  work  and  proceedings  which  are  to  be  charged  against  and  to  be  paid  by  the  con- 
tractor and  the  aggregate  amount  for  which  bonds  are  to  be  issued  as  hereinafter  pro- 
vided, inclusive  of  said  contract  price  and  said  incidental  costs  and  expenses.  The 
decision  and  determination  of  said  board  of  supervisors  at  the  hearing  provided  for 
in  section  10  hereof  shall  be  final  and  conclusive  as  to  all  matters  determined  at  said 
hearing,  and  as  to  all  errors,  informalities,  irregularities,  or  omissions  which  said 
board  of  supersdsors  might  have  avoided  or  remedied  during  the  progress  of  the  pro- 
ceedings, or  which  it  can  at  that  time  remedy,  upon  all  persons  entitled  to  be  heard 
before  said  board  on  said  matters,  and  no  assessment  or  tax  thereafter  levied  for  the 
payment  of  the  bonds  to  be  issued  for  said  work  and  expenses  shall  be  held  invalid  by 
any  court  for  any  error,  informality,  omission  or  other  defect  in  the  proceedings  where 
the  resolution  of  intention  has  been  actually  published  as  in  this  act  provided,  before 
the  said  board  shall  have  ordered  the  work  to  be  done.  [Amendment  of  June  10,  1915. 
In  effect  August  9,  1915.    Stats.  1915,  p.  1396.] 

Bonds  to  be  issued  in  road  districts. 

§  12.  Upon  the  expiration  of  twenty  days  from  the  making  of  the  final  order  men- 
tioned in  section  eleven  of  this  act,  the  clerk  of  the  board  of  supervisors  shall  transmit 
to  the  county  treasurer  of  the  county  an  attested  copy  of  said  final  order,  and  upon 
receipt  of  the  same  the  treasurer  shall  proceed  to  issue  bonds  amounting  in  the  aggre- 
gate to  the  principal  sum  for  which  bonds  are  to  be  issued  as  the  same  is  stated  in  said 
final  order.  Said  bonds,  when  issued,  shall  be  dated  as  of  the  day  when  said  final  order 
of  the  board  of  supervisors  was  made.  A  bond  may  be  issued  in  any  amount,  provided 
that  the  aggregate  of  the  bond  or  bonds  made  payable  in  any  one  year  is  the  proper 
part  of  the  whole  principal  of  the  bond  issue  as  specified  in  said  final  order,  and  that 
the  interest  thereon  shall  be  payable  as  hereinafter  provided.  The  said  bonds  may  in 
form  and  shall  in  substance  be  as  indicated  following,  to  wit : 

Road  district  improvement  bond. 

ROAD  DISTRICT  IMPROVEMENT  BOND. 

County  of ,  State  of  California, 

Road  Improvement  District  No 

$ Bond  No 

Under  and  by  virtue  of  an  act  of  the  legislature  of  the  State  of  California,  known 
as  the  "road  district  improvement  act  of  1907"  (here  may  be  inserted  a  further  desig- 
nation of  the  act,  if  desired)  the  county  of ,  State  of  California, 

will  pay  to  the  bearer,  out  of  the  fund  hereinafter  designated,  at  the  office  of  the  treas- 
urer of  the  said  county,  on  the day  of ,  19 ,  the  sum 

of dollars  in  gold  coin  of  the  United  States  of  America, 

with  interest  thereon,  in  like  gold  coin  at  the  rate  of per  cent  per  annum,  pay- 
able semiannually  on  the  second  day  of  January  and  the  second  day  of  July  of  each 
year  from  the  date  hereof  (except  the  last  installment  thereof,  which  shall  be  payable 
at  maturity  of  this  bond)  upon  presentation  and  surrender,  as  they  respectively  become 
due,  of  the  proper  interest  coupons  hereto  attached,  the  first  of  which  is  for  interest 
from  date  hereof  to  the  next  date  of  interest  pajinent,  and  the  last  for  interest  to 
maturity  hereof  from  the  last  preceding  date  of  interest  paj'ment. 

This  bond  is  issued  under  and  in  conformity  to  the  provisions  of  the  above  mentioned 
"road  district  improvement  act  of  1907"  and  the  amendments  thereof,  and  is  one  of  a 

series  of  bonds  of  like  date  and  effect  numbered  from  one  to consecutively^ 

amounting  in  the  aggregate  to dollars,  issued  in  behalf  of  road 

improvement   district  number of  said  county. which   constitute  the  only 

indebtedness  of  said  district.     It  is  hereby  certified,  recited  and  declared  that  all  pro- 


Act  laiO  GENERAL   LAWS.  004 

ceedings,  acts  and  things  required  by  law  precedent  to  or  in  the  issuance  of  this  bond 
have  been  regularly  had,  done  and  performed,  and  this  bond  is  by  law  made  conclusive 
evidence  thereof. 

This  bond  is  payable  out  of  road  district  improvement  fund  number 

exclusively,  as  the  same  appears  on  the  books  of  the  treasurer  of  said  county,  and 
neither  said  county  nor  any  officer  thereof  shall  be  holden  for  its  payment  otherwise; 
but  in  accordance  with  said  act  the  board  of  supervisors  of  said  county  will  annually, 
at  the  time  of  levying  other  taxes,  levy  upon  all  the  land  in  said  road  improvement  dis- 
trict a  special  assessment  tax  in  an  amount  clearly  sufficient  to  pay  the  principal  and 
interest  of  said  bonds  as  the  same  shall  become  payable. 

In  witness  whereof  said  county  has  caused  this  bond  to  be  signed  by  the  chairman  of 
its  board  of  supervisors  and  countersigned  by  its  treasurer  and  the  seal  of  said  board 
to  be  hereto  affixed  and  said  interest  coupons  to  be  signed  by  the  said  treasurer  this 
day  of ,19 

Chairman  of  the  board  of  supervisors  of  the  county  of 

[Seal  of  board  of  supervisors.] 

Countersigned :   

Treasurer  of  the  county  of 

Signatures  on  bonds. 

Said  bonds  shall  be  signed  bj'  the  chairman  of  the  board  of  supervisors  and  counter- 
signed by  the  treasurer  of  the  county,  and  shall  have  the  seal  of  said  board  of  super- 
visors thereto  affixed,  and  when  so  signed  shall  be  binding  according  to  the  terms 
thereof  as  prescribed  in  said  form.  The  interest  coupons  attached  to  said  bonds  shall 
be  in  such  form  as  the  said  treasurer  may  determine,  subject  to  the  provisions  of  this 
act  and  the  determination  made  by  the  board  of  supervisors,  and  their  signature  by 
said  treasurer  alone,  by  either  written  or  lithographed  or  printed  facsimile  signature, 
shall  be  sufficient.  Said  bonds  shall  be  delivered  by  the  said  treasurer  to  said  con- 
tractor or  to  his  order,  assignee,  or  lawful  representative. 

Life  of  bonds.    Interest. 

The  board  of  supervisors  is  hereby  vested  with  power  to  determine  the  number  of 
years,  not  to  exceed  twenty,  within  Avliich  the  aggregate  principal  of  bonds  to  be  issued 
under  this  act  shall  be  paid  and  discharged,  and  to  fix  the  rate  of  interest,  not  to 
exceed  seven  per  cent  per  annum,  to  be  paid  thereon,  and  it  shall  be  a  sufficient  deter- 
mination and  fixing  of  the  same  to  set  forth  in  the  resolution  of  intention  that  bonds 
will  issue  for  the  work,  in  any  terms  that  will  fairly  indicate  such  time  and  such  rate 
and  the  fractional  part  of  the  principal  to  be  paid  each  year,  which  part  shall  be  the 
same  for  each  of  the  years  covered  by  the  bond  issued. 

Interest  payments. 

The  interest  payments  on  said  bonds  shall  be  payable  semi-annually  on  the  second 
days  of  January  and  July  of  each  year  (except  the  last  installment,  which  shall  be 
payable  at  maturity  of  the  bonds)  in  the  manner  indicated  in  said  form  of  bond,  and 
the  interest  and  principal  shall  be  payable  at  the  office  of  the  county  treasurer  in  gold 
coin  of  the  United  States  of  America;  but  it  shall  not  be  necessary,  either  in  the  reso- 
lution of  intention  or  otherwise,  to  set  forth  or  determine  the  days  of  the  month  on 
which  payments  of  interest  are  to  be  made,  nor  that  payments  shall  be  made  in  such 
gold  coin,  nor  that  payments  shall  be  made  at  such  treasurer's  office,  but  all  persons 
are  charged  with  notice  of  the  contents  of  this  section,  especially  in  the  aforesaid  par- 
ticulars.    [Amendment  of  May  10,  1919.    In  effect  July  22,  1919.    Stats.  1919,  p.  516. J 

This  section  was  also  amended  June  10,  1915,  Stats.  1915,  p.  1397. 


1 

i 


06S  HIGHWAYS.  Act  1910,  §§  13,  13a 

Evidence  of  regularity. 

$  3.3.  Said  bonds  by  their  issuance  shall  be  conclusive  evidence  of  the  regularity  of 
all  proceedings  prior  thereto  under  this  act,  and  after  the  same  are  issued,  no  tax  levied 
or  collected  for  the  purpose  of  paying  the  principal  or  interest  on  said  bonds  shall  be 
held  to  be  illegal  or  set  aside  or  refunded  by  reason  of  any  informalitj',  irregularity, 
omission  or  defect  in  any  of  the  proceedings  prior  to  the  issuance  of  said  bonds,  nor 
shall  any  action  be  maintained  to  cancel  or  set  aside  said  bonds,  or  to  prevent  the  pay- 
ment thereof,  or  the  levy  or  the  collection  of  a  tax  for  such  payment. 

Special  fund. 

A  special  fund  to  be  named  "road  district  improvement  fund  No "  (the 

number  to  be  that  of  the  district)  for  the  discharge  and  payment  of  such  bonds  and 
the  interest  thereon,  shall  be  constituted  as  follows,  to  wit:  There  shall  each  year  at 
the  time  of  the  general  tax  levy  for  state  and  county  taxes,  be  levied  against  and  upon 
all  of  the  land   (not  including  improvements)   within  said  road  improvement  district 

No ,  (being  the  district  established  and  bounded  in  the  order  ordering  the 

work  to  be  done)  a  special  assessment  tax,  in  an  amount  clearly  sufficient,  together 
with  any  moneys  which  are  or  may  be  in  said  fund  to  pay  all  the  principal  whi<h  has 
become  or  will  become  due,  and  all  interest  which  has  become  or  will  become  payable, 
on  said  bonds,  before  the  proceeds  of  another  tax  levy  made  at  the  time  of  the  general 
tax  levy  for  state  and  county  purposes,  can  be  made  available  for  the  payment  of 
such  bonds. 

Transfer  from  general  fund.     Levy  of  special  tax. 

The  board  of  supervisors  shall  annually,  at  the  time  of  making  the  said  tax  levy, 
transfer  from  the  general  road  fund  of  the  county  to  said  road  district  improvement 
fund  No ,  such  amount  as  in  the  judgment  of  said  board  is  a  fair  propor- 
tion of  the  said  general  road  fund. 

In  any  event  it  shall  be  the  duty  of  said  board  of  supervisors  to  levy  a  special 
assessment  tax  upon  all  lands  within  said  road  district,  sufficient  to  pay  the  principal 
and  interest  of  said  bonds  as  the  same  shall  become  payable,  and  the  board  of  super- 
visors is  hereby  vested  with  power  to  do  all  and  singular  the  things  which  in  this  section 
aforesaid  it  is  declared  shall  be  done.  Whenever  any  of  said  bonds  or  any  interest 
thereon  shall  become  due  and  there  shall  not  be  sufficient  money  in  said  road  district 
improvement  fund  to  pay  same,  the  board  of  supervisors  may,  pending  the  levy  and  col- 
lection of  a  tax  therefor,  order  the  amount  of  money  necessaiy  to  pay  the  bonds  or 
interest  so  falling  due,  to  be  transferred  from  the  general  fund  to  said  road  district 
improvement  fund,  and  the  amount  of  money  so  transferred  shall  be  deemed  a  loan  to 
said  road  district  improvement  fund,  and  shall  be  repaid  to  the  general  fund  from  the 
first  money  coming  into  said  road  district  improvement  fund  thereafter.  The  special 
assessment  taxes  provided  for  herein  shall  be  levied  and  collected  in  the  same  mode  and 
manner  and  by  the  same  officers  as  the  ordinary  county  taxes,  and  all  laws  applicable 
to  the  levy,  collection  and  enforcement  of  such  county  taxes,  are  hereby  made  applicable 
to  said  special  taxes.  [Amendment  of  June  10,  1915.  In  effect  August  9,  1915.  Stats. 
1915,  p.  1399.] 

Materials  furnished  to  contractor. 

^  13a.  The  board  of  supervisors,  by  a  four-fifths  vote,  may  adopt  a  resolution  setting 
forth  that  the  improvement  to  be  made  is  of  more  than  local  importance,  and  that  all 
or  a  portion  of  the  materials  needed  for  the  improvement  are  to  be  purchased  and  fur- 
nished to  the  contractor  and  paid  for  out  of  the  general  road  fund  or  out  of  the  fund 
of  the  road  district  in  which  the  improvement  lies,  or  if  it  lies  in  two  or  more  road 
districts,  out  of  the  funds  of  such  districts  in  a  proportion  to  be  determined  by  the 


Act  1010,  §  14  GENERAL,  LAWS.  060 

board  of  supervisors,  and  may  thereupon  purchase  and  furnish  to  the  contractor  such 
materials,  and  pay  for  the  same  in  the  manner  set  forth  in  said  resolution;  provided, 
however,  that  no  material  shall  be  furnished  the  contractor  unless  the  specifications 
contain  a  statement  of  the  kind  and  amount  of  the  material  to  be  furnished,  and  only 
in  the  amount  and  of  the  kind  set  forth  in  said  specifications.  [New  section  added 
May  31,  1917.    In  effect  July  30,  1917.    Stats.  1917,  p.  1374.] 

$  14.     The  board  of  supervisors  is  hereby  vested  with  power  as  follows,  to  wit : 
Engineer  of  work. 

1.  To  appoint,  at  any  stage  of  the  proceeding  before  calling  for  proposals  or  bids, 
any  competent  engineer,  to  be  designated  "engineer  of  work,"  for  the  purpose  of  doing 
and  furnishing  all  the  civil  engineering  work  or  services,  surveying  and  similar  work 
and  services  necessary  to  the  proper  doing  of  the  work.  His  compensation  or  at  least 
the  rate  or  some  basis  for  computing  the  same  shall  be  fixed  and  stated  in  the  order  of 
his  appointment,  which  said  order  shall  be  entered  in  the  minutes  of  the  board;  pro- 
vided, any  county  oflScer  may  be  appointed  as  such  engineer  without  compensation. 

Superintendent  of  work. 

2.  To  appoint,  in  and  as  a  part  of  the  resolution  of  intention,  any  competent  person 
to  be  designated  "superintendent  of  work,"  whose  duty  it  shall  be  to  perform  the 
services  for  him  in  this  act  prescribed  or  indicated,  and  to  have  the  general  actual 
supervision  of  the  work.  His  compensation  shall  be  fixed  at  the  time  and  in  the  reso- 
lution of  his  appointment  at  a  per  diem  not  to  exceed  five  dollars  for  all  time  actually 
devoted  to  the  work;  provided,  any  county  officer  may  be  appointed  as  such  superin- 
tendent without  compensation. 

Specifications. 

3.  To  designate  any  competent  person  for  the  purpose  of  preparing  and  furnishing 
the  specifications  required  by  section  two  of  this  act,  and  with  such  designation  to  fix 
his  compensation,  or  some  basis  for  computing  the  same,  or  to  appoint  any  county 
officer  of  the  county  without  compensation. 

4.  To  appoint  and  designate  other  competent  persons  in  the  places  respectively  of 
the  persons  so  originally  appointed,  with  compensation,  so  far  as  practicable,  propor- 
tionately the  same  as  fixed  for  the  original  appointee,  and  to  appoint  such  additional 
persons  as  may  be  needed  to  carry  on  said  work;  and  to  fix  their  compensation  which 
shall  be  a  charge  against  the  district. 

Not  charge  against  county. 

No  part  of  such  or  any  compensation  for  said  officers  or  employees,  or  for  services 
rendered  by  any  of  them  shall  be  a  charge  against  the  county  or  any  officer  thereof; 
except  that  for  furnishing  specifications  and  posting  the  resolution  of  intention  the 
county  shall  be  liable  in  case  the  proceedings  cease  or  are  abandoned,  before  the  award 
of  the  contract;  provided,  however,  that  whenever  any  county  officer  is  appointed  to 
any  of  the  positions  hereinabove  mentioned  without  compensation,  the  actual  and  nec- 
essary expenses  incurred  under  his  supervision,  including  the  compensation  of  other 
persons,  made  necessary  by  the  duties  of  such  positions  shall  be  a  charge  against  the 
county  but  shall  be  repaid  to  the  county  by  the  contractor  as  in  the  following  section 
provided. 

Supervisors  ineligible. 

No  member  of  the  board  of  supervisors  shall  be  eligible  to  appointment  to  any  office, 
position  or  employment  under  this  act,  except  as  county  officer  without  pay.  [Amend- 
ment of  May  31,  1917.    In  effect  July  30,  1917.    Stats.  1917,  p.  1375.] 

This  section  was  also  amended  March  28,  1911,  Stats.  1911,  p.  506. 


807  HIGHWAYS.  Act  1010, 8§  15-18 

Costs  paid  by  contractor. 

$  15.  All  the  costs  and  expenses  of  the  proceeding,  inclusive  especially  of  the  com- 
pensation of  the  person  appointed  to  furnish  the  specifications,  of  the  superintendent  of 
work,  of  the  engineer  of  work,  of  the  cost  of  all  publications  under  this  act  required  to 
be  made,  shall  be  chargeable  to  and  paid  by  the  contractor,  and  they  shall  have  been 
paid  before  delivery  of  the  bonds  shall  be  made  by  the  county  treasurer;  provided, 
however,  that  if  said  costs  and  expenses  are  not  paid  within  ten  days  after  notice  given 
that  said  bonds,  excepting  such  number  thereof  as  may  be  withheld  to  satisfy  claims 
filed  as  hereinabove  provided  are  ready  for  delivery,  a  sufficient  number  of  said  bonds 
may  be  sold  at  not  less  than  ninety-five  per  cent  of  their  face  value  to  fully  satisfy  said 
costs  and  expenses,  any  surplus  over  said  costs  and  expenses  obtained  by  such  sale  to  be 
paid  to  said  contractor;  provided,  further,  that  the  county  treasurer  may  make  delivery 
of  such  bonds,  if  there  be  deposited  with  him,  subject  to  the  order  of  the  board  of  super- 
visors, money  to  the  amount  of  the  costs  and  expenses  chargeable  to  the  contractor  as 
the  same  is  stated  in  the  attested  order  of  the  board  of  supervisors,  provided  for  in 
section  twelve  of  this  act.  The  contractor  and  all  persons  claiming  under  him  any 
interest  in  said  bonds,  whether  of  ownership,  lien  or  otherwise,  shall  be  deemed  to  have 
notice  of  the  contents  of  this  section.  [Amendment  of  May  31,  1917.  In  effect  July  30, 
1917.    Stats.  1917,  p.  1376.] 

Adjustments  with  contractor. 

§  15V2-  Whenever  a  contractor  pays  into  the  county  treasury  an  amount  larger  or 
smaller  than  that  actually  due  for  incidental  or  preliminary  expenses,  the  di££ei*ence 
thus  arising  shall  be  adjusted  by  transfers  from  or  to  the  interest  and  sinking  fund 
of  the  district  for  which  the  payment  was  made,  to  or  from  the  proper  fund  of  the 
county.  [New  section  added  May  27,  1919.  In  effect  July  27,  1919.  Stats.  1919, 
p.  1336.] 

Place  of  publication  may  be  changed  how. 

$  16.  If  publication  in  the  newspaper  designated  in  the  resolution  of  intention 
become  impossible  for  the  reason  that  such  newspaper  has  ceased  to  be  published  or 
for  any  like  reason,  which  renders  publication  therein  impossible,  the  board  of  super- 
visors may,  by  a  resolution  to  be  entered  in  its  minutes,  and  stating  the  facts,  designate 
another  newspaper  for  each  required  publication  as  occasion  therefor  arises. 

All  papers  to  be  filed  with  county  clerk. 

$  17,  All  papers  in  a  proceeding  under  this  act  (save  such  as  thereunder  may  be 
returnable  to  owners)  shall  be  filed  with  the  clerk  of  the  board  of  supervisors,  and 
by  him  kept  together  in  a  package  appropriately  labeled.  Whenever  in  this  act  the 
term  "clerk  of  the  board  of  supervisors"  is  employed,  it  shall  be  deemed  to  include 
one  who  is,  ex  officio;  such,  and  it  shall  be  immaterial  that  he  designate  himself  as 
county  clerk  where  the  county  clerk  is  ex  officio  clerk  of  the  board  of  supervisors,  nor 
shall  it  be  material  that  his  act  be  by  deputy. 

Name  of  act. 

§  18.  This  act  shall  be  known  as  the  "Road  District  Improvement  Act  of  1907,"  and 
by  such  designation  shall  be  sufficiently  identified  in  any  proceeding  thereunder,  and 
whenever  in  the  resolution  of  intention  it  shall  be  set  forth  or  recited  that  the  proceed- 
ing is  under  the  "Road  District  Improvement  Act  of  1907,"  this  act  shall  be  construed 
as  the  paramount  statute  for  such  proceeding,  independently  of,  and  alternatively  for, 
other  statutes  for  the  improvement  of  public  ways  not  within  incorporated  cities  and 
towns. 


.\<»  4IH0 


GBNBRAL  LAWS. 


868 


1.  Confltitntlonality. — Aa  to  constitu- 
tionality of  act. — See  Barber,  etc.,  Co.  v. 
Bancroft,  167   Cal.   185,   138   Pac.   742. 

2.  Same — Ad    valorem    assessments. — The 

road  district  improvement  act  of  1907  is 
constitutional,  notwithstanding  it  provides 
for  ad  valorem  assessments  to  pay  for  the 
improvement  rather  than  an  assessment 
V)ased  on  benefits. — Thomas  v.  Pridham,  171 
Cal.   98,   106,   153   Pac.   933. 

3.  Same — Same. — The  fact  that  the  as- 
sessments under  the  act  are  based  on  the 
value  of  the  property  rather  than  benefits 
conferred  does  not  render  the  act  uncon- 
stitutional.— Swall  V.  Los  Angeles  County 
(Cal.  App.),  784  Pac.  406. 

4.  Same — Failure  to  make  provision  for 
determining  benefits. — The  act  is  not  un- 
constitutional for  failing  to  make  express 
provision  for  determining  benefits  as  a  con- 
dition for  including  territory  in  the  dis- 
trict.— Sw^all  V.  Los  Angeles  County  (Cal. 
App.),    184    Pac.    406. 

5.  Sanje — Publication  of  notice  of  hear- 
ing.— Section  5  of  the  road  district  im- 
provement act  of  1907,  provides  for  a  hear- 
ing after  due  notice  by  publication  to  all 
joarties  concerned. — Thomas  v.  Pridham,  171 
Cal.    98,    107,    153    Pac.    933. 

6.  Same — Same. — Section  5  of  the  act 
provides  an  opportunity  for  the  property 
owner  to  make  objections,  and  the  act  ia 
not  unconstitutional  for  a  failure  to  al- 
low  the  property  owner  a  hearing. — 
Swall  V.  Los  Angeles  County  (Cal.  App.) 
184   Pac.   406. 

T.  Same — Title—Subject  of  oiling  and 
paving  streets. — The  matter  of  oiling  and 
paN'ing  streets  is  strictly  germane  to  the 
general  subject  of  the  act  as  expressed  in 
the  title. — Hunt  v.  Manning,  24  Cal.  App. 
44,    140    Pac.    39. 

8.  Same — Same. — ^The  title  of  the  act 
sufficiently  expresses  the  subject  of  the 
legislation  and  embraces  but  one  subject. — • 
Hunt  v.  Manning,  24  Cal.  App.  44,  140  Pac. 
39;  McCray  v.  Manning,  22  Cal.  App.  25, 
133   Pac.   17. 

Sa.  Construed  and  applied — Section  1184, 
Code  of  Civil  Procedure. — Section  1184, 
Code  of  Civil  Procedure,  is  not  applicable 
to  public  work  on  public  highways  per- 
formed under  the  road  district  improvement 
act. — Slayden  v.  O'Dea  (Cal.),  189  Pac.  1066. 

0.  Act  provides  an  alternative  plan. — 
Article  VII  of  the  charter  of  Los  Angeles, 
based  upon  section  7^/^,  article  XI,  of  the 
constitution,  does  not  repeal  the  road  dis- 
trict improvement  act  of  1907  (806),  in  its 
application  to  that  county,  it  being  clearly 
the  intention  of  the  charter  to  provide  an 
alternative  plan  for  road  improvement. — 
Thomas  v.  Pridham,  171  Cal.  98,  102,  153 
Pac.   933. 

10.  'So  denial  of  hearing  to  landofvners. 
— Where  it  does  not  appear  in  a  suit  to  en- 
join collection  of  a  special  assessment  to 
pay  bonds  issued  under  the  road  district 
improvement  act,  that  the  plaintiff  land- 
owners were  denied  a  hearing  by  the  board 
of  supervisors,  as  the  act  provides,  the 
court  will  not  interfere  with  the  action  of 


the  board. — Dillingham  v.  Welch,  179  Cal. 
656,   178   Pac.   512. 

11.  Jurisdiction  of  supervisors  —  Adop- 
tion of  system  of  road   improvement. — If  the 

supervisors  of  a  county  are  not  foreclosed 
by  the  county  charter  framed  under  section 
T/2,  article  XI,  of  the  constitution,  from 
resort  to  the  general  law  in  road  district 
improvement,  it  makes  no  difference  how 
diverse  the  two  systems  of  road  improve- 
ment within  districts  may  be. — Thomas  v. 
Pridham,   171   Cal.    98,   103,   153   Pac.   933. 

12.  Same — Inclusion  of  farm  lands. — 
Where  owners  of  farm  lands  filed  no  writ- 
ten protest,  or  made  any  objection  to  the 
inclusion  of  their  lands  in  a  road  improve- 
ment district,  they  are  deemed  to  have  sub- 
mitted themselves  to  the  jurisdiction  of  the 
board  of  supervisors  in  the  determination 
of  the  question  of  the  necessity  for  the 
improvement. — Swall  v.  Los  Angeles  County 
(Cal.   App.),   184   Pac.    406. 

13.  Same — Same. — It  is  not  an  obvious 
abuse  of  discretion  on  the  part  of  the  su- 
pervisors to  include  farm  lands  in  a  road 
improvement  district. — Swall  v.  Los  Angeles 
County    (Cal.   App.),   184   Pac.   406. 

14.  Same — Abuse  of  discretion. — When 
jurisdiction  is  given  a  board  to  pass  on  the 
question  of  benefits,  the  courts  will  not 
disturb  their  finding,  unless  there  appears  a 
clear  and  palpable  abuse  of  discretion. — 
Swall  V.  Los  Angeles  County  (Cal  App.), 
184   Pac.    406. 

15.  Same — Presumption  as  to  benelits. — 
It  will  be  presumed  that  the  board  of  su- 
pervisors determined  that  all  the  land  in- 
cluded in  the  district  would  be  benefited. — 
Swall  V.  Los  Angeles  County  (Cal.  App.), 
184    Pac.    406. 

16.  Procedure — Resolution  of  Intention. — 
The  resolution  of  intention  not  defective 
because  of  indefiniteness  in  describing  work 
to  be  done,  in  view  of  the  fact  that  it  re- 
ferred to  the  specifications  on  file,  which 
were  not  subject  to  the  same  objection. — 
Dillingham  v.  Welch,  179  Cal.  656,  178  Pac. 
512. 

17.  Same— Specifications  of  the  ^vork. — 
As  a  general  rule  specifications  must  defi- 
nitely and  with  certainty,  describe  the  man- 
ner and  extent  of  the  work  to  be  done,  but 
the  rule  has  an  important  exception,  that 
where  the  details  of  construction  and  cost 
are  ascertainable  only  by  doing  the  work, 
the  matter  must  be  left  to  be  adjusted  by 
the  person  or  board  supervising  construc- 
tion.— Dillingham  v.  Welch,  179  Cal.  656, 
178   Pac.   512. 

IS.  Same — Establishment  of  grades.— 
The  establishment  of  grades  of  streets  not 
to  be  improved  under  proceedings  provided 
in  this  act  would  not  be  a  part  of  the 
"work,"  and  the  failure  to  provide  such 
grades  is  not  fatal  to  the  jurisdiction  of  the 
supervisors,  under  section  2,  to  pass  the 
resolution  of  intention. — Dillingham  v. 
Welch,    179   Cal.    656,    178    Pac.    512. 

19.  Same — Declaration  of  completion, 
verification  of. — The  failure  to  verify  the 
declaration  of  completion  of  the  worlc  was 
a  mere  irregularity,  not  affecting  the  juris- 


0C9  HIGHWAYS.  Acts  1910a,  1911,  §  1 

diction  of  the  board  of  supervisors  to  levy  district  improvement  act  of  1907,  that  "con- 
the  tax  to  meet  the  bonds  Issued. — Billing--  tractors  must  grade  connections  with  inter- 
ham  v.   Welch,   179   Cal.   656,   178   Pac.   512.  secting-  roads  to  the  satisfaction  of  the  en- 

20.  Determination  of  benefits. — ^The  bene-  gineer  employed  by  the  commission,"  is  not 
fits  from  street  improvements  are  not  neces-  invalid  because  of  indefiniteness  of  speciflca- 
sarily  confined  to  property  fronting  on  the  tions. — Dillingham  v.  Welch,  179  Cal.  656, 
street,   and   the   boundaries   of   a   district   or  178   Pac.   512. 

locality  benefited  by  such  improvement  is  a  22.     Lien  for  supplies. — Hay  and  feed  for 

matter  for  the  determination  of  the  board  of  horses   and  mules  used  by   a  contractor   on 

supervisors    under   this   act,    and    It    will    be  road   work   under   the   district   improvement 

presumed,    in    the    absence    of    anything    to  act    are    covered    by    the    bond    given    under 

the   contrary   to   have   been   correctly   deter-  the  provisions  of  section  9  of  the  act,  with- 

mlned. — McCray    v.    Manning,    22    Cal.    App.  out    regard    to    the    presence    or    absence    of 

25,  133  Pac.   17.  the    word    "supplies"    in    the    bond. — Pacific 

21.  Contract — Indefiniteness  of  speciflca-  etc.,  Co.  V.  Oswald,  179  Cal.  712,  178  Pac. 
tlons. — A  provision  in  a  contract  under  the  854. 

WORK  ON  STATE  HIGHWAYS  BY  LOCAL  AUTHORITIES. 

ACT  1910a — An  act  authorizing  counties  and  municipalities  to  perform  street  work 

upon  highways  under  the  control  of  the  state. 

History:  Approved  May  3,  1919.  In  effect  July  22,  1919.  Stats. 
1919,  p.  138. 

Local  improvements  on  state  highway. 

$  1.  The  several  counties,  municipalities  and  road  divisions  of  this  state,  within  the 
limits  of  which  may  exist  a  state  highway  or  highways  under  the  jurisdiction  and  con- 
trol of  the  state  engineering  department,  are  hereby  empowered  to  do  or  order  to  be 
done  on  such  highways  anj'  paving,  curbing,  street  work  or  sewer  work  authorized  by 
laAv;  provided,  however,  that  permission  to  do  any  such  work  shall  first  be  obtained  from 
the  state  department  of  engineering  and  all  grades,  elevations  or  curb  lines  sought  to 
be  established  or  pavement  proposed  to  be  constructed  by  any  county,  municipality  or 
road  division  shall  first  be  approved  by  said  engineering  department  of  the  state;  and 
provided,  further,  that  in  case  any  existing  pavement  should  be  injured  as  a  result  of 
such  work,  such  pavement  shall  be  restored  to  the  satisfaction  of  said  engineering 
department. 

HIGHWAY  LIGHTING  DISTRICTS. 

ACT  1911 — An  act  to  allow  unincorporated  towns  and  villages  to  establish,  equip  and 

maintain  systems  of  street  lights  on  public  highways;  to  provide  for  the  formation, 

government  and  operation  of  highway  lighting  districts;  the  calling  and  holding  of 

elections  in  such  districts;  the  assessment,  collection,  custody  and  disbursement  of 

taxes  therein;  and  the  creation  of  ex-oificio  boards  of  supervisors. 

History:  Approved  March  20,  1909,  Stats.  1909,  p.  551.  Amended 
(1)  March  23,  1911,  Stats.  1911,  p.  439;  (2)  June  4,  1913.  lu  effect 
August  10,  1913.  Stats.  1913,  p.  447.  (3)  May  29,  1915.  In  effect 
August  8,  1915.  Stats.  1915,  p.  943.  (4)  June  1,  1917.  In  effect  July  31, 
1917.     Stats.   1917,  p.  1521. 

Certain  words  defined. 

§  1.  The  words  and  phrases  used  in  this  act,  shall,  for  the  purposes  of  this  act,  unless 
the  same  be  contrary  to  or  inconsistent  with  the  context,  be  construed  as  follows : 

(1)  "Public  highways,"  shall  include  any  highway,  county  road,  state  road,  public 
street,  avenue,  alley,  park,  parkway,  driveway,  or  public  place,  in  any  county,  or  unin- 
corporated town  or  village  dedicated  to  the  public  and  generally  used  for  traffic  by 
the  public. 

(2)  "Street  lights,"  or  "street  illumination,"  shall  include  any  system  of  illumina- 
tion by  means  of  street  lights  using  gas,  electricity,  or  other  means  of  illuminaut 
deemed  feasible;  such  lights  to  be  set  upon  poles,  or  suspended  in  the  air. 


Act  rOll,  §§  2,  3  GE^NCRAIi  LAWS.  87d 

Street  lights. 

^  2.  Any  unincorporated  town  or  village  of  this  state  may  establish  a  highway  light- 
ing district  for  the  purpose  of  installing  and  maintaining  a  system  of  street  lights  on 
public  highways,  for  the  better  protection  of  its  residents,  in  accordance  with  the  pro- 
visions of  this  act. 

Petition    for    public    highway    lighting    district.      Notice    of    hearing.      Publication. 

Objections. 

$  3.  Upon  the  application,  by  petition,  of  twenty-five  or  more  taxpayers  and  resi- 
dents of  said  town  or  village  presented  at  a  regular  meeting  of  the  board  of  supervisors 
of  the  county  in  which  the  said  town  or  village  is  situated,  praying  for  the  formation 
of  a  public  highway  lighting  district,  and  setting  forth  the  name  and  boundaries  of  the 
said  proposed  district,  the  board  of  supervisors  shall  fix  a  day  and  hour  for  hearing  the 
same,  and  protests  of  interested  parties,  not  less  than  twenty-five  nor  more  than  thirty 
days  after  the  date  of  presentation  thereof.  The  clerk  of  the  board  shall  thereupon 
cause  notices  of  the  filing  and  hearing  of  such  petition  to  be  posted  in  three  of  the 
most  public  places  in  said  district.  Said  notice  shall  be  headed  "Notice  of  the  proposed 
formation  of lighting  district ' '  (stating  name  of  the  pro- 
posed lighting  district)  in  letters  not  less  than  one  inch  in  length,  and  shall,  in  legible 
characters,  state  the  fact  and  date  of  the  filing  of  such  petition,  the  date  and  hour  set 
for  hearing  such  petition  and  protests  of  interested  parties,  specify  the  boundaries  of 
the  proposed  district  and  refer  to  said  petition  for  further  particulars.  The  said  clerk 
shall  also  cause  a  notice,  similar  in  substance,  to  be  published  at  least  once  a  week  for 
two  consecutive  weeks  in  a  newspaper  of  general  circulation  printed  and  published  in 
the  county  in  which  the  proposed  district  is  located,  and  designated  by  said  board  for 
that  purpose.  Said  notice  must  be  posted  and  published,  as  above  provided,  at  least 
seven  days  before  the  date  set  for  the  hearing  of  said  petition.  Any  person  interested, 
objecting  to  the  formation  of  said  district,  or  to  the  extent  of  said  district,  or  to  the 
proposed  improvement,  or  to  the  inclusion  of  his  property  in  said  district,  may  file  a 
written  protest,  setting  forth  such  objections,  with  the  clerk  of  said  board  at  or  before 
the  time  set  for  the  hearing  of  said  petition. 

Hearing.    Changes  in  boundaries. 

The  clerk  of  said  board  shall  endorse  on  each  such  protest  the  date  of  its  reception 
by  him,  and,  at  the  time  appointed  for  the  hearing  above  provided  for,  shall  present  to 
said  board  all  protests  so  filed  with  him.  Said  board  shall  hear  said  petition  and  pro- 
tests at  the  time  appointed,  or  at  any  time  to  which  the  hearing  thereof  may  be 
adjourned,  and  pass  upon  the  same,  and  its  decision  thereon  shall  be  final  and  conclu- 
sive. If  any  of  such  protests  be  against  the  extent  of  said  district,  or  against  the 
inclusion  of  property  in  said  district,  then  the  board  shall  have  power  to  make  such 
changes  in  the  boundaries  of  the  proposed  district  as  it  shall  find  to  be  proper  and 
advisable,  and  shall  define  and  establish  such  boundaries,  but  said  board  shall  not 
extend  the  boundaries  of  said  district,  nor  shall  said  board  modify  such  boundaries  so 
as  to  exclude  from  such  proposed  district  any  territory  which  will  be  benefited  by  said 
improvement,  nor  shall  any  territory  which  will  not,  in  the  judgment  of  said  board  be 
benefited  by  said  improvement  be  included  within  such  proposed  district.  At  the 
expiration  of  the  time  within  which  protests  may  be  filed,  if  none  be  filed,  or  if  protests 
be  filed  and,  after  hearing  be  denied  or  the  boundaries  of  the  proposed  district  be 
defined  and  established  with  modifications,  as  above  provided,  then  said  board  shall  be 
deemed  to  have  acquired  jurisdiction  to  further  proceed  in  accordance  with  the  provi- 
sions of  this  act. 


971  HIGHWAYS.  Act  1911,  §g  4-10 

Order  for  election. 

The  said  board  of  supervisors  must,  -within  thirty  days  after  acquiring  jurisdiction 
to  proceed  as  provided  above,  by  resolution,  order  that  an  election  be  held  in  the  said 
proposed  district  for  the  determination  of  the  question,  and  shall  appoint  three  qualified 
electors  thereof  to  conduct  said  election;  which  must  be  held  within  forty  days  from 
the  date  of  the  order.  [Amendment  of  May  29,  1915.  In  effect  August  8,  1915.  Stats, 
1915,  p.  944.] 

Election  to  determine  proposition. 

$  4.  Said  election  shall  be  called  by  posting  notice  thereof  in  three  of  the  most  public 
places  in  said  proposed  lighting  district,  and  by  publication  in  a  daily  or  weekly  i^aper 
therein,  if  there  be  one,  at  least  once  a  week  for  not  less  than  fifteen  days.  Said  notices 
must  specify  the  time,  place  and  purposes  of  said  election,  give  the  boundaries  of  the 
said  proposed  lighting  district;  and  the  hours  during  which  the  polls  will  be  kept  open; 
provided  that  in  districts  with  a  population  of  ten  thousand  or  over,  the  polls  must  be 
opened  at  8  o'clock  A.  M.,  and  kept  open  until  7  o'clock  P.  M.,  and  in  districts  where 
the  population  is  less  than  ten  thousand,  the  polls  must  not  be  opened  before  1  o  'clock 
P.  M.,  and  must  be  kept  open  not  less  than  six  hours. 

Conduct  of  election. 

$  5.  Said  election  shall  be  conducted  in  accordance  with  the  general  election  laws  of 
this  state,  where  applicable,  without  reference  to  form  of  ballot  or  manner  of  voting, 
except  that  the  ballots  shall  contain  the  words,  "For  Lighting  District,"  and  the  voter 
shall  write  or  print  after  said  words  on  his  ballot,  the  woi'd  "Yes"  or  the  word  "No." 

Who  entitled  to  vote. 

$  6.  Every  qualified  elector,  resident  within  the  proposed  district  for  the  period 
requisite  to  enable  him  to  vote  at  a  general  election,  shall  be  entitled  to  vote  at  the 
election  above  provided  for. 

Canvass  of  vote. 

§  7.  It  shall  be  the  duty  of  the  election  officers  to  publicly  canvass  the  votes  imme- 
diately after  the  close  of  the  election,  and  to  report  the  result  of  said  election  to  the 
board  of  supervisors  within  five  days  subsequent  to  the  holding  thereof. 

Duty  of  supervisors. 

$  8.  If  a  majority  of  the  votes  cast  at  said  election  shall  be  in  favor  of  a  lighting  dis- 
trict, the  said  board  of  supervisors  may,  by  resolution,  establish  said  lighting  district. 

Same. 

§  9.  If  a  majority  of  the  votes  cast  shall  be  against  the  lighting  district,  the  board  of 
supervisors,  shall  by  order,  so  declare;  no  other  proceedings  shall  be  taken  in  relation 
thereto  until  the  expiration  of  one  year  from  the  date  of  presentation  of  the  petition. 

Evidence  of  validity. 

§  10.  The  fact  of  the  presentation  of  the  petition,  and  the  order  establishing  the 
lighting  district,  shall  be  entered  in  the  minutes  of  the  board  of  supervisors  and  shall 
be  conclusive  evidence  of  the  due  presentation  of  a  proper  petition,  and  that  each  of 
the  petitioners  was,  at  the  time  of  signature  and  presentation  of  the  petition,  a  tax- 
payer and  resident  of  the  proposed  district,  and  of  the  fact  and  regularity  of  all  prior 
proceedings  of  every  kind  and  nature  provided  for  by  this  act,  and  of  the  existence  and 
validity  of  the  district. 


Act  1911,  §§  11,  13  GENERAL  LAWS. 

Supervisors  to  act  for  lighting  districts.  Powers  and  duties.    Advertising  for  bids,  etc. 

§  11.  The  board  of  supervisors  of  the  county  wherein  lighting  districts  have  been 
established  under  the  provisions  of  this  act,  shall  be  and  they  are  hereby  designated  as 
and  empowered  to  act  as  ex  officio  the  board  of  supervisors  of  each  and  all  of  such 
lighting  districts  which  may  hereafter  be  established  within  such  county  under  the  pro- 
visions of  this  act;  serving  without  compensation;  and  said  boards  of  supervisors  shall 
be  authorized  and  they  are  hereby  empowered,  and  it  shall  be  their  duty: 

First — To  make  all  rules,  regulations  and  laws  necessary  for  the  administration,  oper- 
ation and  maintenance  of  the  lighting  districts  situated  within  their  county. 

Second — To  supervise,  and  plan  a  system  of  street  illumination  for  any  and  all  light- 
ing districts  within  their  county,  and  to  determine  and  decide  upon  the  kind  and  manner 
of  illuminant  most  feasible  for  the  district;  but  nothing  herein  shall  prevent  the  board 
of  supervisors  from  installing  and  maintaining  electric  lights  on  highways  in  such  dis- 
tricts, and  to  pay  for  the  same  out  of  the  general  road  fund  of  the  county  or  district 
road  fund. 

Third — To  indicate  the  placing  and  installation  of  the  lights  and  any  and  all  subse- 
quent additional  lights. 

Fourth — To  receive  bids,  award  and  make  contracts  with  lighting  companies  to  the 
very  best  advantage  of  the  district,  for  the  installation  and  maintenance  of  poles,  wires, 
lights  and  other  accessories ;  and  for  the  supplying  of  electric  current,  gas,  or  such  other 
illuminant  as  may  be  determined  upon;  and  for  any  and  all  other  things  that  may  be 
necessary  to  carry  out  the  full  meaning  and  provisions  of  this  act. 

Fifth — To  determine  the  number  of  employees,  if  any,  necessary  to  properly  care  for 
and  maintain  the  lights;  to  prescribe  their  duties  and  fix  their  compensation,  which 
said  employees  shall  hold  their  positions  at  the  pleasure  of  the  board. 

Sixth — Upon  the  application,  by  petition,  of  twenty-flve  or  more  taxpayers  and  resi- 
dents of  such  lighting  district,  asking  for  the  installation  and  maintenance  of  additional 
lights,  which  said  petition  must  be  filed  on  or  before  the  first  day  of  September  in  any 
year;  to  immediately  estimate  the  cost  of  installing  and  maintaining  such  additional 
lights,  and  to  include  in  the  tax  levy  for  the  ensuing  fiscal  year  a  tax  upon  the  taxable 
property  within  such  lighting  district,  at  the  equalized  value  thereof  for  that  year, 
sufficient  to  pay  the  cost  of  installing  and  maintaining  such  additional  lights;  after 
which  to  proceed  with  the  installation  of  such  additional  lights. 

Seventh — To  designate  the  hours  for  lighting  such  districts. 

Eighth — To  perform  any  and  all  other  acts  and  things  necessary  or  proper  to  carry 
out  the  provisions  of  this  act. 

Ninth — To,  within  ten  days  after  the  establishment  of  such  district,  proceed  with 
carrying  out  the  provisions  of  this  act  by  advertising  for  bids  for  installing,  caring  for 
and  maintaining  the  lights  determined  upon;  and  for  suppl3dng  the  district  with  all  the 
gas,  electricity  or  such  other  illuminant  as  has  been  determined  upon,  necessary  for 
operating  and  maintaining  any  and  all  of  the  lights  which  have  been  already  installed 
or  which  are  to  be  installed  within  such  district.  The  contract  to  be  awarded  to  the 
lowest  responsible  bidder;  provided,  however,  that  the  rates  to  be  paid  therefor  must 
not  exceed  in  any  event  the  rates  paid  at  that  time  by  said  county  for  highway  lighting 
in  other  portions  of  said  county.  The  rates  to  be  paid  must  not  be  fixed  for  a  term 
exceeding  five  years,  and  the  board  of  supervisors  must  reserve  the  right  to  abrogate 
such  contract  whenever  gas  or  electric  current  is  offered  to  be  supplied  at  two-thirds 
of  such  fixed  contract  price.    [Amendment  approved  June  4,  1913.    Stats.  1913,  p.  447.] 

Prior  light,  maintenance. 

§  12.  If  prior  to  the  formation  of  a  lighting  district  any  lights  have  been  maintained, 
by  public  subscription  or  paid  for  out  of  the  district  road  funds,  within  any  territorv 


»73  HIGHWAYS.  Act  1011,  §8  13-16 

which  subsequently  forms  itself  into  a  lighting  district  under  the  provisions  of  this  act ; 
at  the  time  of  the  establishment  of  such  lighting  district,  or  else  at  the  time  of  expira- 
tion of  any  then  existing  contract  for  the  maintenance  of  such  lights;  such  lights  and 
the  future  cost  of  maintaining  and  operating  them  shall  be  included  in  the  estimate  of 
the  board  of  supervisors  and  shall  thenceforth  be  maintained  as  a  part  of  the  lighting 
system  of  such  lighting  district. 

Authority  to  erect  poles. 

5  13.  In  granting  authority  to  lay  down  pipes  or  to  erect  poles  and  string  wires,  and 
in  contracting  for  gas  or  electric  current,  the  board  of  supervisors  must  impose  such 
restrictions  and  conditions,  and  provide  for  such  locations  of  the  various  wires  and 
lights,  so  as  to  work  the  least  possible  public  or  private  inconvenience. 

Estimate  for  tax  levy. 

§  14.  On  or  before  the  first  day  of  September  in  each  and  every  year,  the  board  of 
supervisors  of  anj'^  county  wherein  a  lighting  district  has  been  established,  shall  make 
an  estimate  of  the  cost  of  conducting  and  maintaining  such  lighting  district  for  the 
ensuing  fiscal  year,  together  with  the  cost  of  installing  and  maintaining  such  additional 
lights  as  may  have  already  been  petitioned  for  by  the  residents  of  such  lighting  dis- 
tricts, and  for  the  cost  of  any  other  things  which  may  be  necessary  for  carrying  out  the 
purposes  of  this  act. 

Lighting  district  tax  levy. 

§  15.  When  such  estimate  shall  have  been  made,  the  board  of  supervisors  of  any 
county  wherein  a  lighting  district  has  been  established,  must,  at  the  time  of  levying 
county  taxes,  levy  a  special  tax  upon  all  of  the  taxable  property  within  the  limits  of 
such  lighting  district  at  the  equalized  value  thereof,  sufficient  in  amount  to  maintain 
the  said  lighting  system,  and  to  install  any  additional  lights,  or  for  any  or  all  of  the 
purposes  of  this  act.  When  a  lighting  district  is  organized  subsequent  to  the  time  of 
levying  county  taxes  in  any  year,  the  board  of  supervisors  may  authorize  the  immediate 
installation  of  said  lighting  system  in  such  district,  and  shall  include  in  the  levy  of  taxes 
for  said  lighting  district  for  the  ensuing  fiscal  year,  a  sum  sufficient  to  pay  the  cost  of 
the  installation  and  maintenance  of  said  lighting  system  in  said  district  for  that  portion 
of  the  preceding  fiscal  year  for  which  no  levy  of  taxes  Avas  made  in  such  year^  for  said 
purpose.     [Amendment  approved  March  23,  1911.     Stats.  1911,  p.  439.] 

Disposition  of  funds.    Remainder  transferred  to  city  treasurer. 

§  16.  The  revenue  derived  from  said  tax,  together  with  all  other  moneys  acquired 
in  any  manner  whatsoever  by  the  lighting  district  shall  be  paid  into  the  county  treas- 
ury to  the  credit  of  the  lighting  fund  of  the  district  wherein  said  tax  was  collected, 
subject  only  to  the  order  of  the  board  of  supervisors  of  said  district,  and  to  be  by 
them  expended  only  for  and  on  behalf  of  the  district  wherein  such  money  was  collected; 
provided,  however,  that  any  funds  arising  from  assessments  made  under  the  provisions 
of  this  act,  and  remaining  in  said  county  treasury  after  the  paj'ment  of  all  outstanding 
legal  obligations  incurred  by  the  district,  shall  be  ordered  transferred,  by  the  board  of 
supervisors  of  the  county  in  which  such  district  is  situated,  to  the  city  treasurer  of  the 
city,  if  any  there  be,  that  has  been  incorporated  since  the  formation  of  said  district, 
and  which  includes  within  its  corporate  limits  such  district  or  any  considerable  portion 
thereof.  If  such  incorporation  has  not  taken  place,  then  said  funds  so  remaining  in  said 
county  treasury  shall  be  transferred  to  a  separate  fund  and,  upon  the  order  of  the 
board  of  supervisors  of  the  county,  shall  be  repaid  pro  rata  to  the  persons  by  whom  the 
assessments  were  originally  paid.  [Amendment  of  June  1,  1917.  In  effect  July  31, 
1917.    Stats.  1917,  p.  1521.] 


Act  1011,  g§17-l8a  GENCKAL  LAWS.  074 

Designation  of  district. 

$  17.     p]very  lighting  district  formed  or  established  under  the  provisions  of  this  act, 

must  be  designated  by  the  name  and  under  the  style  of  lighting  district,  (using 

the  name  of  the  district),  of county,  (using  the  name  of  the  county  in  which  such 

district  is  situated),  and  in  that  name  the  board  of  supervisors  may  make  and  award 
contracts,  and  may  sue  and  be  sued. 

District  may  be  dissolved.    Order  for  election.    Disposition  of  property.    Outstanding 

indebtedness. 

§  18.  The  district  may  at  any  time  be  dissolved  upon  the  vote  of  two-thirds  of  the 
qualified  electors  voting  thereon,  at  an  election  called  by  the  board  of  supervisors,  upon 
the  question  of  dissolution.  Upon  a  petition  signed  by  fifty  or  more  property  owners 
and  residents  of  such  lighting  district,  asking  for  the  dissolution  of  said  district,  the 
board  of  supervisors  shall  within  thirty  days  after  receiving  said  petition,  by  resolu- 
tion, order  that  an  election  be  held  in  the  said  district,  for  the  determination  of  the 
question,  and  appoint  three  qualified  electors  thereof  to  conduct  said  election.  Such 
election  shall  be  called  and  conducted  in  the  same  manner  as  other  elections  of  the 
district.  Upon  such  dissolution,  any  property  which  may  have  been  acquired  by  such 
lighting  district  shall  vest  in  any  incorporated  town  or  city  that  may  at  such  time  be  in 
occupation  of  a  considerable  portion  of  the  territory  of  such  lighting  district;  and  if 
there  be  no  such  incorporated  town  or  city,  then  such  property  shall  be  vested  in  the 
board  of  supervisors  of  the  county  wherein  such  lighting  district  is  situated  until  the 
formation  of  such  incorporated  town  or  city;  provided,  however,  that  if  at  the  time 
of  the  election  to  dissolve  such  district  there  be  any  outstanding  indebtedness  of  such 
district,  then,  in  such  event,  the  vote  to  dissolve  such  district  shall  dissolve  the  same 
for  all  purposes  excepting  only  the  levy  and  collection  of  taxes  for  the  payment  of  such 
outstanding  indebtedness;  and  from  the  time  such  district  is  thus  dissolved  until  such 
indebtedness  is  fully  paid,  satisfied  and  discharged,  the  legislative  authority  of  such 
incorporated  town  or  city,  or  the  board  of  supervisors,  if  there  be  no  such  incorporated 
town  or  city,  is  hereby  constituted  ex  officio  the  board  of  supervisors  of  such  district. 
And  it  is  hereby  made  obligatory  upon  such  board  to  levy  such  taxes  and  perform  such 
other  acts  as  may  be  necessary  in  order  to  raise  money  for  the  payment  of  such  indebt- 
edness, as  herein  provided.  [Amendment  of  May  29,  1915.  In  effect  August  8,  1915. 
Stats.  1915,  p.  945.] 

This  section  was  also  amended  June  4,  1913,  Stats.  1913,  p.  449. 

Annexation  of  territory.    Petition. 

$  18a.  The  boundaries  of  any  such  highway  lighting  district  may  be  altered  and  out- 
lying contiguous  territory  in  the  same  county  in  which  a  lighting  district  is  situated 
annexed  thereto  in  the  following  manner :  A  petition  signed  by  the  owners  representing  at 
least  one-fourth  in  number  of  the  total  owners  of  real  property,  and  at  least  one-fourth 
of  the  assessed  valuation,  as  shown  by  the  last  equalized  assessment  book  of  the  county 
in  which  such  lighting  district  is  situated,  of  the  real  property,  in  such  contiguous  terri- 
tory proposed  to  be  annexed,  designating  the  boundaries  of  such  contiguous  territory 
proposed  to  be  annexed  and  the  number  of  owners  of  real  property  in  such  territory 
and  the  assessed  valuation  thereof,  as  shown  by  said  last  equalized  assessment  book, 
and  stating  that  such  proposed  territory  is  not  within  the  limits  of  any  other  lighting 
district,  and  asking  that  such  territory  be  annexed  to  said  lighting  district,  shall  be 
presented  to  the  board  of  supervisors  of  the  county  in  which  said  lighting  district  is 
situated. 

Notice.    Hearing. 

At  their  first  regular  meeting  after  the  presentation  of  said  petition,  said  board  of 
supervisors  shall  cause  notice  of  said  petition  to  be  published  in  a  newspaper  published 


075  HIGHWAYS.  Act  1911,  S  iSti 

and  circulated  in  the  county  in  which  said  lighting  district  is  situated,  if  there  be  such 
a  newspaper,  otherwise  by  posting  copies  of  said  notice  in  three  of  the  most  conspicuous 
places  in  said  territory  proposed  to  be  annexed,  for  three  weeks  prior  to  the  date  to  be 
fixed  by  said  board  of  supervisors  for  hearing  said  petition.  Upon  the  date  fixed  for 
said  hearing,  or  to  which  it  may  be  continued,  said  board  of  supervisors  shall  take  up 
and  consider  said  petition,  and  any  objections  thereto  which  may  be  filed  or  to  the  inclu- 
sion of  any  property  in  said  district. 

Order  granting  petition. 

Said  board  of  supervisors  shall  have  the  power,  by  order  entered  on  its  minutes,  to 
grant  said  petition  either  in  whole  or  in  part,  and  by  order  entered  on  its  minutes  to 
alter  the  boundaries  of  said  lighting  district,  and  annex  thereto  all,  or  such  portion  of 
said  contiguous  territory,  described  in  said  petition,  as  will  be  benefited  by  inclusion  in 
said  lighting  district.  No  territory  which  will  not  be  so  benefited,  or  which  is  not  con- 
tiguous to  said  lighting  district,  or  which  is  not  described  in  said  petition  shall  be  in- 
cluded in  said  district. 

Such  order  shall  be  conclusive  evidence  of  the  validity  of  all  prior  proceedings  leading 
to  the  annexation  or  recited  in  said  order,  and  from  and  after  the  making  of  said  order, 
such  territory  shall  become  and  be  a  part  of  such  lighting  district  and  shall  be  taxed, 
together  with  the  remainder  of  said  district,  for  all  taxes  to  be  thereafter  levied  by  said 
board  of  supervisors,  for  the  maintenance  of  said  lighting  district.  [New  section  added 
June  1,  1917.    In  effect  July  31,  1917.    Stats.  1917,  p.  1522.] 

If  district  annexed  to  city.    If  part  of  district  annexed. 

$  18b.  Upon  the  annexation  of  all  or  of  any  portion  of  the  territory  embraced  in 
any  such  lighting  district  to  an  incorporated  city  or  city  and  county,  all  funds  paid 
into  the  county  treasury  to  the  credit  of  the  lighting  fund  of  such  district,  if  the  whole 
of  such  district  shall  be  so  annexed,  shall  be  turned  over  by  the  board  of  supervisors 
of  such  district  to  the  treasurer  of  said  incorporated  city,  or  city  and  county,  and 
administered  by  the  legislative  body  of  said  incorporated  city,  or  city  and  county; 
said  legislative  body  shall  have  all  of  the  powers  and  jierform  all  of  the  duties  granted 
to  or  imposed  upon  the  board  of  supervisors  of  the  county  in  which  such  district  is 
located  and  of  the  board  of  supervisors  of  said  district,  and  shall  carry  out  the  pro- 
visions of  this  act  as  to  such  district  to  the  same  purpose  and  extent  as  if  originally 
constituted,  under  the  provisions  of  this  act,  the  governing  body  thereof.  Upon  the 
exjienditure  of  the  funds  and  the  discharge  of  the  obligations  and  liabilities  of  any 
such  lighting  district,  the  whole  of  which  has  been  annexed  to  an  incorporated  city, 
or  city  and  county,  such  district  shall  ipso  facto  be  dissolved  with  the  same  force  and 
effect  as  if  dissolved  under  the  provisions  of  section  eighteen  of  this  act.  In  the  event 
of  the  annexation  of  a  portion  of  the  territory  embraced  in  any  such  lighting  district 
to  an  incorporated  city,  or  city  and  county,  such  proportionate  part  of  the  funds  col- 
lected for  the  benefit  of  such  district  and  remaining  unexpended  as  the  area  of  the 
territory  so  annexed  bears  to  the  total  area  of  said  district,  shall  be  paid  over  to  the 
treasurer  of  such  incorporated  city,  or  city  and  county,  in  the  manner  hereinabove 
provided,  and  administered  by  the  legislative  body  of  such  city,  or  city  and  county, 
until  the  same  are  expended,  for  the  benefit  of  the  portion  of  such  district  so  annexed. 
Upon  the  expenditure  of  such  funds  in  the  manner  required  in  this  act  the  territory 
of  such  district  so  annexed  shall  be  deemed  to  be  withdrawn  from  said  lighting  district 
and  thereafter  the  remaining  territory  embraced  in  said  district  and  not  so  annexed 
shall,  upon  a  resolution  adopted  by  the  board  of  supervisors  of  the  county  in  which 
such  territory  is  located,  be  and  become  a  lighting  district  within  the  meaning  of  this 
act  and  so  remain  until  dissolved  as  provided  in  this  act.  [New  section  added  June  1, 
1917.    In  effect  July  31,  1917.    Stats.  1917,  p.  1522.] 


Act  lUlla,  i  1 


Gli^TVBRAL  L.AWS. 


•7»: 


Eepeal  of  conflicting  acts. 

^  19.     All  acts  or  parts  of  acts  in  conflict  with  this  act  are  hereby  repealed. 
§  20.     This  act  shall  take  effect  immediately. 


See  curative  act,  Act  1911a. 

1.  Scope  o£  act. — The  act  of  March  20, 
1909  (Stats.  1909,  p.  551),  authorizes  the 
formation  of  lighting  districts  within  tlio 
limits  of  an  unincorporated  town  or  village, 
and  excludes  from  the  territory  of  such  dis- 
tricts large  areas  of  land  devoted  to  agri- 
cultural purposes. — People  v.  Van  Nuys 
Lighting  District,  173  Cal.  792,  793,  Ann. 
Cas.  1918D,  255,  162  Pac.  97. 

2.  Not  Talidated  by  curative  act. — An  at- 
tempt to  form  a  lighting  district  under  the 
act  of  1909,  which  makes  no  provision  for 
an  inquiry  and  a  hearing  as  to  benefits,  or 
as  to  any  change  of  boundaries  to  exclude 
lands  not  benefited  is  without  legality  ar.d 
void;  and  its  formation  is  not  validated  by 
the  curative  act  of  1915. — People  v.  Van 
Nuys  Lighting  District,  173  Cal.  792.  799, 
Ann.   Cas.   1918D,   255,   162   Pac.   97. 

3.  Hearing  on  benefits— Act  of  local 
board  judicial. — A  local  board  or  triliuiial 
acts  judicially  In  fixing  the  boundaries  of 
a    local    taxing    district,    and    those    whose 


lands  are  to  be  Included  are  entitled  to  a 
hearing  on  the  question  of  benefits  before 
the  boundaries  are  fixed,  and  lands  not 
benefited  should  be  excluded. — People  v.  Van 
Nuys  Lighting  District,  173  Cal.  79?.,  799, 
Ann.   Cas.   1918D,    255,    162   Pac.    97. 

4.  Inclusion  of  agricultural  void  under 
the  act. — A  lighting  district  organized  to 
include  a  large  area  of  land  devoted  to 
agricultural  purposes  is  void  as  to  such 
land,  and  the  managing  board  has  no  au- 
thority to  exercise  the  powers  given  by 
the  act  and  the  1913  amendments,  as  to 
such  land. — People  v.  Van  Nuys  Lighting 
District,  173  Cal.  792,  796,  Ann.  Cas.  1918D, 
255,   162   Pac.    97. 

5.  "Town." — A  "town"  is  defined  as  any 
large  collection  of  houses  or  buildings,  pub- 
lic and  private,  constituting  a  distinct  place 
with  a  name  and  not  incorporated  as  a  city; 
and  a  village  is  smaller  than  a  town. — Peo- 
ple v.  Van  Nuys  Lighting  District,  173  Cal. 
792,   795,   Ann.   Cas.    1918D,    255,    162   Pac.   97. 


LIGHTING  DISTRICT  VALIDATION  ACT  OF  1915. 
ACT  1911a — An  act  validating  and  confirming  the  organization  of  lighting  districts. 

History:     Approved  May  29,  1915,     In  effect  August  8,  1915.     Stats. 
1915,  p.  939. 

Lighting  districts  validated. 

^  1.  Every  lighting  district  formed  and  established  under  the  provisions  of  an  act 
approved  March  20,  1909,  entitled  "An  act  to  allow  unincorporated  towns  and  villages 
to  establish,  equip  and  maintain  systems  of  street  lights  on  public  highways;  to  provide 
for  the  formation,  government  and  operation  of  highway  lighting  districts;  the  calling 
and  holding  of  elections  in  such  districts;  the  assessment,  collection,  custody  and  dis- 
bursement of  taxes  therein;  and  the  creation  of  ex  officio  boards  of  supervisors";  or 
any  act  or  acts  amendatory  thereof,  the  formation  and  establishment  of  which  have 
been  authenticated  by  a  resolution  adopted  by  the  board  of  supervisors  of  the  county 
in  which  said  district  is  situated  and  entered  in  the  minutes  of  said  board,  declaring 
said  lighting  district  formed  and  established  under  the  provisions  of  said  act  and 
amendments  thereto,  which  has  not  been  dissolved  under  the  provisions  of  said  act,  is 
hereby  declared  to  have  been  a  valid  lighting  district  from  the  date  of  adoption  by  the 
said  board  of  supervisors  of  the  order  establishing  the  same  and  said  districts  and  each 
of  them  are  hereby  declared  to  be  and  to  have  been  from  said  date  a  valid  lighting  dis- 
tinct and  all  proceedings  or  actions  of  any  such  lighting  district,  heretofore  had  or  per- 
formed, in  pursuance  of  the  provisions  of  the  law  under  which  said  district  is  organized, 
are  hereby  validated,  ratified,  confirmed  and  declared  to  have  been  and  to  be  legal. 


See  Act  1911. 

1.  Operation  of  curative  act. — A  curative 
act  or  a  conclusive  evidence  clause  in  an 
act,  operates  to  cure  defects  caused  by  fail- 
ure to  comply  with  merely  directory  pro- 
visions, but  where  the  defect  or  omission 
goes  to  jurisdictional  matters  they  make 
the  action  void  and  can  not  be  cured  by 
such  curative  act  or  clause. — People  v.  Van 


Nuys    Lighting    District,    173    Cal.    702,    797, 
Ann.  Cas.  1918D,  255,  162  Pac.  97. 

2.  Same — Validation  of  illegral,  dental  of 
"due  proce.s.s." — The  validation  of  an  illegal 
tax  by  the  legislature,  if  effective,  would 
be  the  imposition  by  statute  of  an  obliga- 
tion without  due  process  of  law. — People  v. 
Van  Nuys  Lighting  District,  173  Cal.  792, 
800,    Ann.    Cas.    1918D,    255,    162    Pac     97. 


877  HIGHWAYS.  Act  1912,  g§  1-6 

SHADE  AND  ORNAMEXTAL  TREE  ACT  OF  1913. 
ACT  1912 — An  act  to  provide  for  the  protection  and  preservation  of  shade  and  orna- 
mental trees  growing  and  to  he  grown  upon  the  roads,  highways,  grounds  and  prop- 
erty within  the  state  of  California;  and  for  the  planting,  care,  protection  and  pres- 
ervation of  shade  and  ornamental  trees,  hedges,  lawns,  shrubs  and  flowers  growing 
and  to  be  grown  in  and  upon  such  roads,  highways,  grounds  and  property;  and  to 
create  county  boards  of  forestry  for  such  purposes ;  and  to  prescribe  the  duties  and 
powers  of  such  boards;  and  to  authorize  such  boards  to  appoint  county  foresters; 
and  to  prescribe  the  duties  and  fix  the  compensation  of  county  forester,  and  to  em- 
power such  boards  to  enforce  all  laws  and  adopt  and  enforce  any  and  all  lawful 
and  reasonable  rules  for  the  protection,  plainting,  regulation,  preservation,  care 
and  control  of  such  shade  and  ornamental  trees,  hedges,  lawns,  shrubs  and  flowers. 

History:  Approved  April  28,  1909,  Stats.  1909,  p.  1129.  Entire  act 
amended  and  re-enacted  April  22,  1913.  lu  effect  August  10,  1913. 
Stats.  1913,  p.  52. 

County  boards  of  forestry. 

$  1.  The  board  of  supervisors  in  each  and  every  county  or  city  and  county  of  the 
state  of  California  may,  in  its  discretion,  appoint  a  county  board  of  forestry,  consisting 
of  five  persons,  one  from  each  supervisorial  district,  who  shall  serve  without  compen- 
sation, and  who  shall  have  exclusive  charge  and  control  of  all  shade  and  ornainental 
trees,  hedges,  lawns,  shrubs  and  flowers  growing  or  to  be  grown  upon  the  public  roads, 
highways,  grounds  and  property  within  its  respective  county. 

Appointment  of  members.    Pay  of  county  forester. 

$  2.  Whenever  the  board  of  supervisors  of  any  county  or  city  and  county  in  this  state 
shall,  by  resolution  or  ordinance,  elect  to  avail  itself  of  the  provisions  of  this  act,  such 
board  shall,  within  two  months  thereafter,  appoint  five  suitable  and  competent  persons, 
one  from  each  supervisorial  district  of  such  county  or  city  -and  county,  as  a  county 
board  of  forestry  in  and  for  such  county,  who  shall  serve  as  such  without  compensation ; 
and  may  also  fix  the  compensation  of  a  county  forester,  to  be  appointed  as  herein- 
after provided  at  a  sum  not  to  succeed  $150.00  per  month. 

Term  of  ofl&ce. 

$  3.  The  term  of  office  of  such  county  board  of  forestry  shall  be  four  years,  pro- 
vided, however,  that  the  persons  first  appointed  shall  so  classify  themselves  by  lot  that 
two  of  their  number  shall  retire  from  office  at  the  end  of  two  years,  two  at  the  end  of 
three  years  and  one  at  the  end  of  four  years.  If  any  vacancy  occurs  in  the  office,  such 
vacancy  shall  be  filled,  for  the  unexpired  term,  by  the  board  of  supervisors. 

Organization  of  board. 

§  4.  Within  ten  days  after  notice  of  their  appointmonf.  the  members  of  said  county 
board  of  forestry  shall  organize  by  the  election  of  one  of  their  members  as  chairman 
and  adopt  suitable  rules  for  their  government. 

Appointment  of  forester. 

§  5.  When  organized,  said  county  board  of  forestry,  may  employ  a  snitnblp  and  com- 
petent person  as  county  forester  to  serve  as  such  during  the  pleasure  of  the  board  and 
to  prescribe  the  duties  of  such  employee. 

Bond  and  duties. 

^  6.  Such  forester,  when  appointed  shall  execute  a  bond  to  said  board,  in  the  sum  of 
.$1,000.00,  for  the  faithful  performance  of  his  duties.  He  shall  be  the  secretary  of  said 
board  and  shall  perform  such  other  duties  as  said  board  shall  prescribe.     Said  forester 

Gen.  Laws — 62 


Act  1912,  §§  7-12  GENERAL   LAWS. 

shall  have  power  and  it  shall  be  his  duty  to  enforce  the  provisions  of  this  act  and  all 
lawful  orders  of  said  board. 

Powers  of  board. 

§  7.  Every  county  board  of  forestry  appointed  under  the  provisions  of  this  act  shall, 
within  its  respective  county,  have  power  over  and  jurisdiction  to  decide  upon  the 
variety,  kind  and  character  of  trees,  hedges,  shrubs,  lawns  and  flowers  that  shall  be 
planted  upon  said  roads,  highwaj-s,  grounds  and  property;  and  to  determine  all  ques- 
tions respecting  the  pruning,  cutting  and  removal  of  any  trees  or  hedges  now  growing 
and  to  grow  thereon  and  the  necessity  therefor  and  the  extent  of  and  the  manner  in 
which  said  work  shall  be  done;  and,  under  the  authority  of  the  board  of  supervisors  of 
its  respective  county,  to  plant  and  properly  care  for  such  trees,  hedges,  shrubs,  lawns 
and  flowers;  and  to  enforce,  carry  out  and  effectuate  the  provisions  of  this  act;  pro- 
vided, however,  that  said  board,  in  the  exercise  of  its  powers  and  the  performance  of 
its  duties  hereunder,  shall  not  interfere  with  the  jurisdiction  of  the  board  of  super 
visors  over  the  roads,  highways,  grounds  and  property  in  the  improvement,  care  and 
general  control  thereof. 

Trimming  trees,  etc.    Fruit  trees  excepted. 

^  8.  It  shall  be  unlawful  for  any  person  or  corporation  (except  said  board  of  for 
estry  or  its  employees)  in  any  county  or  city  and  county  where  a  county  board  of 
forestry  has  been  created  and  appointed  under  the  provisions  of  this  act,  to  trim,  prune, 
cut,  deface,  destroy  or  remove  any  shade  or  ornamental  tree  or  hedge  growing  or  t(. 
grow  upon  any  such  road,  highway,  ground  or  property  or  to  paint,  place,  attach  to  or 
put  upon  any  such  trees,  hedges,  shrubs,  lawns  or  flowers,  any  sign,  notice,  advertise- 
ment or  advertising  device  without  the  consent  in  writing  of  said  board  first  obtained. 
or  to  plant  any  tree  or  hedge,  on  any  such  road,  highway,  ground  or  property  without 
such  written  consent;  provided,  however,  that  nothing  in  this  act  shall  give  such  county 
board  of  forestry  any  jurisdiction  over  any  fruit  or  nut  trees  now  growing  along  saiii 
roads,  highways,  grounds  or  property,  except  that  such  trees  may  not  be  removed  with- 
out the  consent  of  the  said  board  of  forestry. 

Penalty. 

$  9.  Every  person  who  shall  violate  any  of  the  provisions  of  section  8  of  this  act, 
shall  be  guilty  of  a  misdemeanor. 

Disposition  of  penalties. 

§  10.  All  moneys  received  as  penalties  for  the  violation  of  the  provisions  of  this  act. 
shall  be  paid  into  the  county  treasury  to  the  credit  of  the  county  board  of  forestry 
fund;  which  fund  is  hereby  created,  and  the  moneys  thereof  hereby  appropriated  for 
the  expenses  of  said  board  in  the  carrying  out  of  the  provisions  of  this  act  and  the 
policy  and  purposes  herein  provided. 

Appropriations  by  supervisors. 

§  11.  County  boards  of  supervisors,  whenever  the  provisions  of  this  act  are  availed 
of,  shall  appropriate  money  for  the  use  of  said  county  board  of  forestry  sufficient  to 
pay  the  compensation  of  said  county  forester  and  for  the  necessary  expenses  of  said 
county  board  of  forestry. 

§  12.  All  acts  or  parts  of  acts  inconsistent  with  the  provisions  of  this  act  are  hereby 
repealed. 

1.     Removal  of  trees  on  highTvay. — Trees  way    (Stats.   1909,  p.   1129);  and  the  state  In 

growing  upon  the  public  highway,  and  sub-  depriving  the  owner  of  such  right,  does  not 

serving   useful   as   well    as   ornamental   pur-  take    his    property    without    due    process    of 

poses,   can   not   be   removed   or  destroyed   at  law. — Santa  Barbara  v.  More,   175  Cal.  6,  11, 

the  will  of  the  owner  of  the  fee  of  the  high-  L.  R.  A.  1917F,  385,  164  Pac.  895. 


I 


VT9  HIGHWAYS.  Acts  1913,  1014,  §  1 

COUNTY  HIGHWAY  MAINTENANCE  ACT  OF  1911. 

ACT  1913 — An  act  to  provide  for  maintenance  of  county  highways  improved  under 

bond  issues  in  the  counties  of  the  state  and  empowering  the  boards  of  supervisors 

to  levy  taxes  therefor. 

History:  Approved  May  1,  1911,  Stats.  1911,  p.  1391.  Amended 
June  16,  1913,  Stats.  1913,  p.  1147;  May  7,  1919.  In  effect  July  22, 
1919.     Stats.  1919,  p.  342. 

Maintenance  of  highways. 

§  1.  Whenever  any  county  highway  is  improved  under  a  county  bond  issue,  which 
bond  issue  covers  all  property  of  the  county,  and  is  accepted  by  the  board  of  super- 
visors, it  becomes  their  duty  to  provide  for  a  continuous  system  of  maintenance  from 
the  fund  hereinafter  created. 

County  highway  maintenance  fund. 

§  2.  The  board  of  supervisors  must  annually,  for  each  fiscal  year,  levy  a  tax  not  to 
exceed  ten  cents  on  each  one  hundred  dollars  of  value  of  taxable  property  of  the  county 
for  each  one  hundred  miles  or  fraction  thereof  of  improved  county  highways  under  a 
bond  issue  therefor.  This  tax  shall  be  collectible  by  the  several  officers  charged  with  the 
collection  of  other  county  taxes  in  the  same  manner,  and  at  the  same  time  as  other 
county  treasury,  and  by  the  county  treasurer  converted  into  a  separate  fund  hereby 
created  and  known  as  the  county  highway  maintenance  fund.  The  money  derived 
from  such  tax  must  be  applied  solely  to  the  maintenance  of  county  highways  improved 
under  a  bond  issue  to  cover  the  whole  county.  [Amendment  of  May  7,  1919.  In  effect 
July  22,  1919.     Stats.  1919,  p.  342.] 

This  section  was  also  amended  June  16,  1913,  Stats.  1913,  p.  1147. 

Expenditure  of  fund. 

^  3.  The  board  of  supervisors  must  expend  money  from  the  *' county  highway  main- 
tenance fund"  for  the  maintenance  of  highways  described  in  section  1  of  this  act,  on  a 
continuous  basis  of  repair,  and  the  highways  shall  be  improved  uninterruptedly  after 
their  acceptance. 


PAYMENT  BY  COUNTIES  OF  INTEREST  ON  STATE  HIGHWAY  BONDS. 
ACT  1914 — An  act  to  authorize  and  reauire  the  payment  by  the  counties  of  interest 
on  state  highway  bonds. 

History:      Approved   March   10,   1911,   Stats.   1911,   p.   339. 

Interest  on  state  highway  bonds. 

$  1.  For  the  purpose  of  carrying  into  effect  the  provisions  relative  to  the  payment 
of  bond  interest  which  are  contained  in  "An  act  authorizing  the  construction,  acquisi- 
tion, maintenance  and  control  of  a  system  of  state  highways  in  the  state  of  California; 
specifying  the  work,  fixing  the  payments  to  be  made  by  counties  for  moneys  expended 
therein;  providing  for  the  issuance  and  sale  of  state  bonds  to  create  a  fund  for  the 
construction  and  acquisition  of  such  system;  creating  a  sinking  fund  for  the  payment 
of  said  bonds;  and  providing  for  the  submission  of  this  act  to  a  vote  of  the  people," 
approved  March  22,  1909,  it  is  hereby  made  the  duty  of  the  state  controller  to  keep  an 
accurate  account  showing  the  amount  of  said  bond  money  expended  in  each  county. 
In  connection  with  such  account  he  shall  annually,  at  the  beginning  of  the  fiscal  year, 
charge  up  to  each  and  every  county  such  sura  as  shall  equal  the  interest  of  four  per 
cent  per  annum  on  the  total  amount  of  state  highway  bond  money  which  has  been 
expended  in  each  such  county. 


Act«  1015,  1916  GENERAL   LAWS. 

Tax  levy  in  each  county. 

§  2.  The  controller  shall  notify  the  county  auditor  antl  the  clerk  of  the  board  of 
supervisors  of  each  county  of  the  amount  of  such  interest  cliarge,  in  order  that  there 
may  be  included  in  the  county  tax  levy  such  rate  as  will  raise  the  sum  needed  to  meet 
such  interest  charge.  It  is  hereby  made  the  duty  of  the  board  of  supervisors  when 
making  the  annual  levy  of  county  taxes  to  include  therein  the  necessary  provision 
for  payment  of  interest  on  state  highway  bonds,  as  in  this  act  provided,  but  no  failure 
of  anj'  board  of  supervisors  to  make  the  tax  levy  herein  provided  for  shall  be  held  to 
exempt  such  county  from  the  collection  by  the  state,  in  the  manner  provided  for  in 
the  next  section  of  this  act,  of  the  amount  of  interest  due  from  such  county. 

Semi-annual  settlement. 

§  3.  In  the  regular  semi-annual  settlements  between  the  state  and  the  counties,  the 
controller  shall  charge  to,  and  collect  from,  each  county  one-half  of  the  amount  of 
interest  with  which  such  county  has  been  charged  for  that  fiscal  year;  provided,  that 
as  soon  as  any  of  the  state  highway  bonds  shall  have  matured  and  been  paid,  the 
controller  shall  credit  each  county  with  its  proportionate  part  of  the  diminution  of  the 
total  interest  charge  thereby  occasioned. 

Engineering  department  to  furnish  data. 

§  4.  The  controller  is  authorized  to  require  from  the  state  engineering  department, 
and  it  is  hereby  made  the  duty  of  said  department  to  furnish  all  necessary  data  to 
show  the  amount  of  state  highway  bond  money  expended  in  each  county. 

Editor's    note:     While    not    expressly    re-        plication  by  section  3   of  article  XVI  of  the 
pealed,    as    was    similar   provisions    in    other       constitution,   adopted  November  2,   1920. 
acts,  this  act  was  no  doubt  repealed  by  im- 

RIGHT  OF  WAY  OVER  PUBLIC  LANDS. 
ACT  1915— An  act  granting  to  roads  and  highways  a  right  of  way  over  the  public  lands 

of  this  state. 

History:      Approved  April  2,   1866,   Stats.  1865-66,   p.  855. 

Eight  of  way  granted. 

§  1.  Whenever  any  corporation,  company,  or  individual  shall,  in  accordance  with 
the  general  laws  of  this  state  lay  out  and  construct  any  road  or  highway  over  any 
unoccupied  public  lands  of  this  state,  or  over  any  lands  that  the  state  by  donation 
of  congress  or  otherAvise  may  hereafter  acquire,  such  corporation,  company  or  indi- 
vidual, and  their  respective  assigns,  are  hereby  granted  the  right  of  way  for  such 
roads  or  highways  over  such  public  lands.  This  act  shall  apply  to  roads  heretofore  as 
well  as  hereafter  laid  out  and  constructed, 

STATE  HIGHWAYS  ACT. 

ACT  1916 — An  act  authorizing  the  construction,  acquisition,  maintenance  and  control 

of  a  system  of  state  highways  in  the  state  of  California;  specifying  the  work,  fixing 

the  payments  to  be  made  by  counties  for  moneys  expended  therein;  providing  for  the 

issuance  and  sale  of  state  bonds  to  create  a  fund  for  the  construction  and  acquisition 

of  such  system;  creating  a  sinking  fund  for  the  payment  of  said  bonds;  and  providing 

for  the  submission  of  this  act  to  a  vote  of  the  people. 

History:  Approved  March  22,  1909,  Stats.  1909,  p.  647.  Submitted  to 
the  people  at  the  general  election  of  November,  1910,  and  ratified  and 
adopted.  Stats.  1911,  Part  II,  p.  6.  An  amendment  approved  May  19, 
1915,  Stats.  191F),  p.  686,  was  submitted  to  the  p-^op'e  at  the  general 
election  of  November,  191G,  and  ratified  and  adopted,  Stats.  1917 
(ex.  sess.),  p.  54. 


981  HIGHWAYS.  Act  1916,  g§  1-3 

State  highway  system. 

$  1.  A  system  of  state  highways  in  and  for  the  state  of  California  shall  be  con- 
structed and  acquired  as  and  in  the  manner  provided  by  law  by  the  department  of 
engineering  of  said  state  at  a  cost  not  to  exceed  eighteen  million  dollars.  For  the  pur- 
pose of  providing  for  the  payment  of  the  cost  of  the  construction  or  acquisition  of  said 
system  of  said  highways,  the  state  of  California  is  hereby  authorized  to  incur  an  indebt- 
edness in  the  manner  provided  by  this  act  in  the  sum  of  eighteen  million  dollars. 

Bonds  for  payment  of  cost  of  construction. 

Immediately  after  the  issuance  of  the  proclamation  of  the  governor,  as  proviAe^  iif 
section  11  of  this  act,  the  treasurer  of  the  state  shall  prepare  eighteen  thousand  suit 
able  bonds  of  the  state  of  California  in  the  denomination  of  one  thousand  dollars  each 
to  be  numbered  from  1  to  18,000  inclusive,  and  to  bear  the  date  of  the  third  day  oi 
July,  1911.  The  total  issue  of  said  bonds  shall  not  exceed  the  sum  of  eighteen  million 
dollars  and  they  shall  bear  interest  at  the  rate  of  four  per  cent  per  annum  from  the 
date  of  issuance  thereof.  The  said  bonds  and  the  interest  thereon  shall  be  payable  in 
gold  coin  of  the  United  States  of  the  present  standard  of  value  at  the  office  of  the  treas- 
urer of  said  state  at  the  times  and  in  the  manner  following,  to  wit :  The  fii'st  four  hun- 
dred of  said  bonds  shall  be  due  and  payable  on  the  third  day  of  July,  1917,  and  four 
hundred  of  said  bonds  in  consecutive  numerical  order  shall  be  due  and  payable  on  the 
third  day  of  July  in  each  and  every  year  thei'eafter  until  and  including  the  third  day 
of  July,  19G1.  The  interest  accruing  on  all  of  said  bonds  that  shall  be  sold  shall  be  pay- 
able at  the  office  of  the  treasurer  of  the  state  on  the  third  day  of  January  and  the  third 
day  of  July  of  each  and  every  year  after  the  sale  of  the  same.  The  interest  on  all  bonds 
issued  and  sold  shall  cease  on  the  day  of  their  maturity  and  the  said  bonds  so  issued 
and  sold  shall  on  the  day  of  their  maturity  be  paid  as  herein  provided  and  canceled  by 
the  treasurer  of  said  state.  All  bonds  remaining  unsold  shall,  at  the  date  of  the  ma- 
turity thereof  be  by  the  treasurer  of  the  state  canceled  and  destroyed.  All  bonds  issued 
pursuant  to  the  provisions  of  this  act  shall  be  signed  by  the  governor  of  this  state, 
countersigned  by  the  state  controller  and  endorsed  by  the  state  treasurer,  and  the  said 
bonds  shall  be  so  signed,  countersigned  and  endorsed  by  the  officers  who  are  in  office  on 
the  third  day  of  July,  1911,  and  each  of  said  bonds  shall  have  the  great  seal  of  the 
state  of  California  impressed  thereon.  The  said  bonds  signed,  countersigned,  endorsed 
and  sealed  as  herein  provided,  when  sold,  shall  be  and  constitute  a  valid  and  binding 
obligation  upon  the  state  of  California,  though  the  sale  thereof  be  made  at  a  date  or 
dates  after  the  person  so  signing,  countersigning  and  endorsing,  or  either  of  them,  shall 
have  ceased  to  be  the  incumbents  of  said  office  or  offices. 

Interest  coupons. 

$  2.  Appended  to  each  of  said  bonds  there  shall  be  interest  coupons  so  attached  that 
the  same  may  be  detached  without  injury  to  or  mutilation  of  said  bond.  The  said  cou- 
pons shall  be  consecutively  numbered  and  shall  bear  the  lithographed  signature  of  the 
state  treasurer  who  shall  be  in  office  on  the  third  day  of  July,  1911.  No  interest  shall 
be  paid  on  any  of  said  bonds  for  such  time  as  may  intervene  between  the  date  of  said 
bond  and  the  day  of  sale  thereof,  unless  such  accrued  interest  sball  have  been,  by  the 
purchaser  of  said  bond,  paid  to  the  state  at  the  time  of  such  sale. 

Expenses  preliminary  to  issue. 

§  3.  There  shall  be  provided  in  the  general  appropriation  bill  sufficient  money  to 
defray  all  expenses  that  shall  be  incurred  by  the  state  ti'easurer  in  the  preparation  of 
said  bonds  and  in  the  advertising  of  the  sale  thereof,  as  in  this  act  provided. 


Act  1016,  e  4  CENERAL   LAAVS.  082 

Sale  of  bonds,  manner  of. 

^  4.  "When  the  bonds  authorized  by  this  act  to  be  issued  shall  have  been  signed, 
countersigned,  endorsed  and  sealed  as  in  section  one  provided,  the  state  treasurer  shall 
cell  the  same  in  such  parcels  and  numbers  as  the  governor  of  the  state  shall  direct,  to 
the  highest  bidder  for  cash.  The  governor  of  the  state  shall  issue  to  the  state  treasurer 
such  direction  immediately  after  being  requested  so  to  do,  through  and  bj'  a  resolution 
duly  adopted  and  passed  by  a  majority  vote  of  the  advisory  board  of  the  department 
of  engineering.  Said  resolution  shall  specify  the  amount  of  money  which,  in  the  judg- 
ment of  said  advisory  board  shall  be  required  at  such  time  and  the  governor  of  the 
state  shall  direct  the  state  treasurer  to  sell  such  number  of  said  bonds  as  may  be 
required  to  raise  said  amount  of  money  and  that  said  bonds  shall  be  sold  in  consecutive 
numerical  order  commencing  with  the  first  four  hundred  thereof.  The  state  treasurer 
shall  not  accept  any  bid  which  is  less  than  the  par  value  of  the  bond  plus  the  interest 
which  has  accrued  thereon  between  the  date  of  sale  and  the  last  preceding  interest 
maturity  date.  The  state  treasurer  may  at  the  time  and  place  fixed  by  him  for  said 
sale  continue  such  sale  as  to  the  whole  or  any  part  of  the  bonds  offered  to  such  time 
and  place  as  he  may  at  the  time  of  such  continuance  designate.  Before  offering  any  of 
said  bonds  for  sale,  the  said  treasurer  shall  detach  therefrom  all  coupons  which  have 
matured  or  will  mature  before  the  date  fixed  for  such  sale.  The  state  treasurer  shall 
give  notice  of  the  time  and  place  of  sale  by  publication  in  two  newspapers  published  in 
the  city  and  county  of  San  Francisco  and  in  one  newspaper  published  in  the  city  of 
Oakland,  and  in  one  newspaper  published  in  the  city  of  Los  Angeles  and  in  one  news- 
paper published  in  the  city  of  Sacramento  once  a  week  for  four  weeks  next  preceding 
the  date  fixed  for  such  sale.  In  addition  to  the  notice  last  above  provided  for,  the 
state  treasurer  may  give  such  further  notice  as  he  may  deem  advisable,  but  the  expenses 
and  costs  of  such  additional  notice  shall  not  exceed  the  sum  of  five  hundred  dollars  for 
each  sale  so  advertised. 

"State  highway  fund"  created. 

There  is  hereby  created  in  and  for  the  state  treasui-y  a  fund  to  be  known  and  desig- 
nated as  the  "State  Highway  Fund,"  and  immediately  after  such  sale  of  bonds  the 
treasurer  of  the  state  shall  pay  into  the  state  treasury  and  cause  to  be  placed  in  said 
state  highway  fund  the  total  amount  received  for  said  bonds,  except  such  amount  as 
may  have  been  paid  as  accrued  interest  thereon.  The  amount  that  shall  have  been  paid 
at  such  sale  as  accrued  interest  on  the  bond  sold  shall  be  by  the  treasurer  of  the  state, 
immediately  after  such  sale,  paid  into  the  treasury  of  the  state  and  placed  in  the  interest 
and  sinking  fund. 

Use  of  moneys  in  fund. 

The  moneys  placed  in  the  state  highway  fund,  pursuant  to  the  provisions  of  this  sec- 
tion, shall  be  used  exclusively  for  the  acquisition  of  rights  of  way  for  and  the  acquisi- 
tion and  construction  of  said  system  of  state  highways.  The  route  or  routes  of  said 
state  highways  shall  be  selected  by  the  department  of  engineering  and  said  route  shall 
be  so  selected  and  said  highways  so  laid  out  and  constructed  or  acquired  as  to  consti- 
tute a  continuous  and  connected  state  highway  system  running  north  and  south  through 
the  state  traversing  the  Sacramento  and  San  Joaquin  valleys  and  along  the  Pacific  coast 
bv  the  most  direct  and  practicable  routes,  connecting  the  county  seats  of  the  several 
counties  through  which  it  passes  and  joining  the  centers  of  population,  together  with 
such  branch  roads  as  may  be  necessary  to  connect  therewith  the  several  county  seats 
lying  east  and  west  of  such  state  highway. 

Moneys  shall  be  drawn  from  said  state  highway  fund  for  the  purposes  of  this  act 
upon  warrants  duly  drawn  by  the  controller  of  the  state  upon  demands  made  by  the 
department  of  engineering  and  audited  by  the  state  board  of  examiners. 


\ 


I 


ass  HIGHWAYS.  Act  lOlC,  §§  5-8 

Appropriation. 

$  5.  There  is  hereby  appropriated  from  the  general  fund  in  the  state  treasury  such 
sum  annually  as  will  be  necessary  to  pay  the  principal  of  and  the  interest  on  the  bonds, 
issued  and  sold  pursuant  to  the  provisions  of  this  act,  as  said  principal  and  interest 
becomes  due  and  payable. 

Tax  levy  to  secure  bondholders. 

There  shall  be  collected  annually  in  the  same  manner  and  at  the  same  time  as  other 
state  revenue  is  collected  such  a  sum,  in  addition  to  the  ordinary  revenues  of  the  state 
as  shall  be  required  to  pay  the  principal  and  interest  on  said  bonds  as  herein  provided, 
and  it  is  hereby  made  the  duty  of  all  officers  charged  by  law  with  any  duty  in  regard 
to  the  collection  of  said  revenue,  to  do  and  perform  each  and  every  act  which  shall 
be  necessary  to  collect  such  additional  sum. 

The  treasurer  of  the  state  shall,  on  the  first  day  of  January,  1912,  and  on  the  first 
day  of  each  July  and  the  first  day  of  each  January  thereafter  transfer  from  the  general 
fund  of  the  state  treasury  to  the  interest  and  sinking  fund  such  an  amount  of  the  money 
by  this  act  appropriated  as  shall  be  required  to  pay  the  interest  on  the  bonds  thereto- 
fore sold,  until  the  interest  on  all  of  said  bonds  so  sold  shall  have  been  paid  or  shall 
have  become  due  in  accordance  with  the  provisions  of  this  act. 

Sinking  fund  created. 

There  is  hereby  created  in  the  state  treasury  a  fund  to  be  known  and  designated  as 
the  "state  highway  and  sinking  fund."  The  treasurer  of  the  state  shall  on  the  first 
day  of  July  of  the  year  1917,  and  on  the  first  day  of  July,  of  each  and  every  year  there- 
after in  which  a  parcel  of  the  bonds  sold  pursuant  to  the  provisions  of  this  act  shall 
become  due,  transfer  from  the  general  fund  of  the  state  treasury  to  the  said  state  high- 
way sinking  fund  such  an  amount  of  the  moneys  appropriated  by  this  act  as  may  be 
required  to  pay  the  principal  of  the  bonds  so  becoming  due  and  payable  in  such  years. 

Bonds,  how  payable. 

$  6.  The  principal  of  all  of  said  bonds  sold  shall  be  paid  at  the  time  the  same  becomes 
due,  from  the  state  highway  sinking  fund,  and  the  interest  on  all  bonds  sold  shall  be 
paid  at  the  time  said  interest  becomes  due,  from  the  interest  and  sinking  fund.  Both 
principal  and  interest  shall  be  so  paid  upon  warrants  duly  drawn  by  the  controller  of 
the  state  upon  demands  audited  by  the  state  board  of  examiners,  and  the  faith  of  the 
state  of  California  is  hereby  pledged  for  the  payment  of  the  principal  of  said  bonds 
so  sold,  and  the  interest  accruing  thereon. 

Reports  of  controller  and  treasurer. 

$  7.  The  state  controller  and  state  treasurer  shall  keep  full  and  particular  account 
and  record  of  all  their  proceedings  under  this  act  and  they  shall  transmit  to  the  gov- 
ernor in  triplicate  an  abstract  of  all  such  proceedings  thereunder  with  an  annual 
report  in  triplicate,  one  copy  of  each  to  be  by  the  governor,  laid  before  each  house  of 
the  legislature  biennially.  All  books  and  papers  pertaining  to  the  matter  provided  for 
in  this  act  shall,  at  all  times,  be  open  to  the  inspection  of  any  party  interested,  or  the 
governor,  or  the  attorney-general,  or  a  committee  of  either  branch  of  the  legislature 
or  a  joint  committee  of  both  or  any  citizen  of  the  state. 

Highway  permanent  in  character.    Department  of  engineering  may  acquire  rights  of 

way,  quarries,  etc. 

§  8.  The  highway  constructed  or  acquired  under  the  provisions  of  this  act  shall  be 
permanent  in  character  and  be  finished  with  oil  or  macadam  or  a  combination  of  both, 
or  of  such  other  material  as  in  the  judgment  of  the  said  department  of  engineering 
shall  be  most  suitable  and  best  adapted  to  the  particular  locality  traversed.     The  state 


Act  lOlC,  §§  »,  10  GENKRAl.   LAWS.  98*] 

department  of  engineering,  in  the  name  of  the  people  of  the  state  of  California,  may 
purchase,  receive  by  donation  or  dedication,  or  lease  any  right  of  way,  rock  quarry  or 
land  nccessan'  or  proper  for  the  construction,  use  or  maintenance  of  said  state  highway  j 
and  shall  proceed,  if  necessary,  to  condemn  under  the  provisions  of  the  Code  of  Civilj 
Procedure  relating  to  such  proceedings  any  necessary  or  proper  right  of  way,  roclij 
quarry  or  land.    The  department  of  engineering  shall  have  full  power  and  authority  to 
■purchase   all   supplies,  material,  machinery   and  to   do   all  other  things  necessary  or 
proper  in  the  construction  and  maintenance  of  said  state  highway. 

Certain  highways  become  right  of  way  of  state  highway.     Counties  to  pay  interest. 

With  the  exception  of  those  public  highways  which  have  been  permanently  improved 
under  county  or  permanent  road  division  bond  issues  within  three  years  prior  to  the 
adoption  of  this  act,  all  public  highways  within  this  state  lying  within  the  right  of  way 
of  said  state  highways  as  determined  and  adopted  by  the  department  of  engineering 
shall  be  and  the  same  shall  become  a  part  of  the  right  of  way  of  said  state  highway, 
without  compensation  being  paid  therefor;  provided,  nothing  herein  contained  shall 
require  the  state  to  maintain  any  highway  along  or  on  said  right  of  way,  prior  to  the 
completion  or  acquisition  of  the  permanent  improvements  contemplated  by  this  act. 
Whenever  any  money  received  from  the  sale  of  bonds,  under  the  provisions  of  this 
act,  shall  be  expended  in  any  county  in  this  state,  such  county  must  pay  into  the  state 
treasury  such  sum  each  year  as  shall  equal  the  interest,  at  the  rate  of  four  per  cent 
per  annum,  upon  the  entire  sum  of  money  expended  within  such  county  in  the  con- 
struction of  said  state  highway,  less  such  portion  of  said  amount  expended  as  the 
bonds  matured  under  the  provisions  of  this  act,  shall  bear  to  the  total  number  of  bonds 
sold  and  outstanding;  provided,  however,  that  in  all  cases  where,  by  reason  of  physical 
difficulties  to  be  overcome,  or  other  good  and  sufficient  cause,  the  state  department  of 
engineering  shall  determine  that  the  cost  of  construction  of  any  portion  of  such  state 
highway  in  any  county,  or  counties,  is  so  great  as  to  entail  an  unjust  and  inequitable 
burden  upon  any  such  county,  or  counties,  in  refunding  to  the  state  the  sums  so  paid 
for  interest  upon  the  bonds  sold  and  the  proceeds  thereof  applied  as  aforesaid,  such 
county,  or  counties,  shall  not  be  required  to  refund  the  whole  amount  of  such  interest, 
but  only  such  proportion  thereof  as  the  state  department  of  engineering  shall  adjudge 
to  be  fair  and  reasonable.  All  highways  constructed  or  acquired  under  the  provisions 
of  this  act  shall  be  permanently  maintained  and  controlled  by  the  state  of  California. 
[Amendment  of  May  19,  1915.  In  effect  — .  See  sections  2,  3,  4,  of  amending  act. 
Stats.  1915,  p.  686.] 

This  section  was  partially  repealed  by  section  3,  article  XVI,  of  the  constitution,  adopted 
at  the  general  election  of  November  2,  1920. 

When  act  to  take  effect. 

§  9.  This  act,  if  adopted  by  the  people,  shall  take  effect  on  the  thirty-first  day  of 
December,  1910,  as  to  all  its  provisions  except  those  relating  to,  and  necessary  for,  its 
submission  to  the  people  and  for  returning,  canvassing  and  proclaiming  the  votes,  and 
to  such  accepted  provisions  this  act  shall  take  effect  immediately. 

Submission  of  act  to  the  people. 

$  10.  This  act  shall  be  submitted  to  the  people  of  the  state  of  California  for  their 
ratification  at  the  next  general  election  to  be  holden  in  the  month  of  November,  1910, 
A.  D.,  and  all  ballots  at  said  election  shall  have  printed  thereon,  and  at  the  end  thereof, 
the  words  "For  the  State  Highway  Act";  and  in  a  separate  line,  under  the  same,  the 
words  "Against  the  State  Highway  Act."  Opposite  said  lines  there  shall  be  left 
spaces  in  which  the  voters  may  make  or  stamp  a  cross  to  indicate  whether  they  vote 
for  or  against  said  act,  and  those  voting  for  said  act  shall  do  so  by  placing  a  cross  oppo- 


BS5  HIGHAVAYS.  Act  1916,  §§  11-1 1 

site  the  words  "For  the  State  Highway  Act,"  and  all  those  voting  against  the  said  act 
shall  do  so  by  placing  a  cross  opposite  the  words  "Against  the  State  Highway  Act." 
The  governor  of  this  state  shall  include  the  submission  of  this  act  to  the  people,  as  afore- 
said, in  his  proclamation  calling  for  said  general  election. 

Canvass  of  returns. 

$  11.  The  votes  cast  for  or  against  this  act  shall  be  counted,  returned  and  canvassed 
and  declared  in  the  same  manner  and  subject  to  the  same  rules  as  votes  cast  for  state 
officers,  and  if  it  appears  that  said  act  shall  have  received  a  majority  of  all  the  votes 
cast  for  and  against  it  at  such  election,  as  aforesaid,  then  the  same  shall  have  effect  as 
hereinbefore  provided  and  shall  be  irrepealable  until  the  principal  and  interest  of  the 
liabilities  herein  created  shall  be  paid  and  discharged,  and  the  governor  shall  make 
proclamation  thereof.  But  if  a  majority  of  the  votes  cast,  as  aforesaid,  are  against 
this  act  then  the  same  shall  be  and  become  void. 

Publication  of  act. 

§  12.  It  shall  be  the  duty  of  the  secretary  of  state  to  have  this  act  published  in  at 
least  one  newspaper  in  each  county,  or  city  and  county,  if  one  be  published  therein, 
throughout  this  state,  for  three  months  next  preceding  the  general  election  to  be  holden 
in  the  month  of  November,  A.  D.  nineteen  hundred  and  ten;  the  cost  of  publication  shall 
be  paid  out  of  the  general  fund,  on  controller's  warrants  duly  drawn  for  the  purpose. 

Name  of  act. 

$  13.     This  act  shall  be  known  and  cited  as  the  "State  Highways  Act." 

$  14.     All  acts  and  parts  of  acts  in  conflict  with  the  provisions  of  this  act  are  hereby 

repealed. 

The  amending  act  of  1915,  contained  the  following  sections: 

In  effect  when. 

$  2.  This  act,  if  adopted  by  the  people,  shall  take  effect  on  the  thirty-first  day  of 
December,  1916,  as  to  all  its  provisions  except  those  relating  to,  and  necessary  for,  its 
submission  to  the  people  and  for  returning,  canvassing  and  proclaiming  the  votes,  and 
as  to  such  excepted  provisions  this  act  shall  take  effect  ninety  days  after  the  final 
adjournment  of  the  present  session  of  the  legislature. 

Act  to  be  submitted  to  people. 

§  3.  This  act  shall  be  submitted  to  the  people  of  the  state  of  California  for  their 
ratification  at  the  next  general  election  to  be  holden  in  the  month  of  November,  1916, 
A.  D..  and  all  ballots  at  said  election  shall  have  printed  thereon,  and  at  the  end  thereof, 
the  words  "For  the  amendment  to  the  state  highway  act";  and  iu  a  separate  line, 
under  the  same,  the  words  "Against  the  amendment  to  the  state  highway  act."  Oppo- 
site said  lines  there  shall  be  left  spaces  in  which  the  voters  may  make  or  stamp  a  cross 
to  indicate  whether  they  vote  for  or  against  said  act  and  those  voting  for  said  act 
shall  do  so  by  placing  a  cross  opposite  the  words  "For  the  amendment  to  the  state 
highway  act,"  and  all  those  voting  against  the  said  act  shall  do  so  by  placing  a  cross 
opposite  the  words  "Against  the  amendment  to  the  state  highway  act."  The  gov- 
ernor of  this  state  shall  include  the  submission  of  this  act  to  the  people,  as  aforesaid, 
in  his  proclamation  calling  for  said  general  election. 

Results  of  election. 

$  4.  The  votes  cast  for  or  against  this  act  shall  be  counted,  returned  and  canvassed 
and  declared  in  the  same  manner  and  subject  to  the  same  rules  as  votes  cast  for  state 
ofliccvs,  and  if  it  appears  that  said  act  shall  have  received  a  majority  of  all  the  votes 
cast  for  and  against  it  at  such  election,  as  aforesaid,  then  the  same  shall  have  effect 


Act  1916a,  §  1  GENERAL  LaWS.  080 

as  hereinbefore  provided  and  shall  be  irrepealable  until  the  principal  and  interest  of 
the  liabilities  created  under  the  provisions  of  said  state  highway  act,  approved 
March  22,  1909,  shall  be  paid  and  discharged,  and  the  governor  shall  make  proclamation 
thereof.  But  if  a  majority  of  the  votes  cast,  as  aforesaid,  are  against  this  act  then  the 
same  shall  be  and  become  void. 

Publication  of  act  before  election. 

$  5.  It  shall  be  the  duty  of  the  secretary  of  state  to  have  this  act  published  in  at 
least  one  newspaper  in  each  county,  or  city  and  county,  if  one  be  published  therein, 
throughout  this  state,  for  three  months  next  preceding  the  general  election  to  be 
holden  in  the  month  of  November,  A,  D.  nineteen  hundred  and  sixteen;  the  cost  of 
publication  shall  be  paid  out  of  the  general  fund,  on  controller's  warrants  duly  drawn 
for  the  purpose. 

See    sections    2    and    3.    article    XVI,    con-  The  intention  ot  the  motor  vehicle  act  was 

stitution.  to  supplement  the  present  act. — In  re  Smith, 

See  tit.  "State  Engineering,"  Act  4847.  26  Cal.  App.  116,  146  Pac.  82. 

STATE  HIGHWAYS  ACT  OF  1915. 
ACT  1916a — An  act  authorizing  the  acquisition,  construction,  improvement,  mainte- 
nance and  control  of  the  uncompleted  portions  of  the  system  of  state  highways  pre- 
scribed and  contemplated  by  an  act  entitled  "An  act  authorizing  the  construction, 
acquisition,  maintenance  and  control  of  a  system  of  state  highways  in  the  state  of 
California;  specifying  the  work,  fixing  the  payments  to  be  made  by  counties  for 
moneys  expended  therein;  providing  for  the  issuance  and  sale  of  state  bonds  to 
create  a  fund  for  the  construction  and  acquisition  of  such  system;  creating  a  sinking 
fund  for  the  payment  of  said  bonds;  and  providing  for  the  submission  of  this  act  to 
a  vote  of  the  people,"  approved  March  22,  1909,  and  approved,  ratified  and  adopted 
by  the  people  of  the  state  of  California  at  the  general  election  held  in  the  month  of 
November,  A.  D.  1910,  and  known  and  cited  as  the  "State  Highways  Act,"  and 
certain  extensions  therefrom;  specifying  the  work,  fixing  the  payments  to  be  made 
by  counties  for  moneys  expended  therein;  providing  for  the  issuance  and  sale  of 
state  bonds  to  create  a  fund  for  the  construction,  improvement  and  acquisition  of  the 
uncompleted  portions  of  said  system  and  certain  extensions  therefrom;  creating  a 
revolving  fund  to  be  used  by  the  state  department  of  engineering  for  the  purposes 
of  this  act;  creating  a  sinking  fund  for  the  payment  of  said  bonds;  and  providing 
for  the  submission  of  this  act  to  a  vote  of  the  people. 

History:  Approved  May  20,  1915.  In  effect — see  section  9.  Stats. 
1915,  p.  650.  Submitted  to  the  people  at  the  general  election  of 
November  7,  1916,  and  adopted.    Stats.  1917,  p.  54. 

Fund  for  completing  state  highways  insufficient.    Indebtedness  authorized. 

^  1.  The  fund  created  for  the  construction  and  acquisition  of  a  system  of  state 
highways  by  an  act  entitled  "An  act  authorizing  the  construction,  acquisition,  main- 
tenance and  control  of  a  system  of  state  highways  in  the  state  of  California;  specify- 
ing the  work,  fixing  the  payments  to  be  made  by  counties  for  moneys  expended  therein; 
providing  for  the  issuance  and  sale  of  state  bonds  to  create  a  fund  for  the  construction 
and  acquisition  of  such  system;  creating  a  sinking  fund  for  the  payment  of  said  bonds; 
and  providing  for  the  submission  of  this  act  to  a  vote  of  the  people,"  approved 
March  22,  1909,  and  approved,  ratified  and  adopted  by  the  people  of  the  state  of  Cali- 
fornia at  the  general  election  held  in  the  month  of  November,  A.  D.  1910,  and  known 
and  cited  as  the  '  *  State  Highways  Act, ' '  being  inadequate  to  fully  carry  out  the  objects 
of  said  act,  the  uncompleted  portions  of  said  system  prescribed  by  said  "State  High- 
ways Act"  and  certain  extensions  therefrom  hereinafter  specified  shall  be  constructed, 
improved  and  acquired  as  and  in  the  manner  provided  by  law  by  the  department  of 
engineering  of  said  state  at  a  cost  not  to  exceed  fifteen  million  dollars.    For  the  pur- 


9S7  HIGHWAYS.  Act  1916a,  §§  2.  3 

pose  of  providing  for  the  payment  of  the  cost  of  the  construction,  improvement  or 
acquisition  necessary  for  and  in  completing  said  system  of  said  highways  and  supple- 
menting the  fund  created  by  said  "State  Highways  Act,"  the  state  of  California  is 
hereby  authorized  to  incur  an  indebtedness  in  the  manner  provided  by  this  act  in  the 
sum  of  fifteen  million  dollars. 

Preparation  of  bonds. 

Immediately  after  the  issuance  of  the  proclamation  of  the  governor,  as  provided  in 
section  eleven  of  this  act,  the  treasurer  of  the  state  shall  prepare  fifteen  thousand 
suitable  bonds  of  the  state  of  California  in  the  denomination  of  one  thousand  dollars 
each,  to  be  numbered  from  1  to  15,000  inclusive,  and  to  bear  the  date  of  the  third  day 
of  July,  1917.  The  total  issue  of  said  bonds  shall  not  exceed  the  sum  of  fifteen  million 
dollars  and  they  shall  bear  interest  at  the  rate  of  four  and  one-half  per  cent  per 
annum  from  the  date  of  issuance  thereof. 

Pajanent.    Interest.    Unsold  honds.    Signing  and  endorsement.    Valid  ohligation. 

The  said  bonds  and  the  interest  thereon  shall  be  payable  in  gold  coin  of  the  United 
States  of  the  present  standard  of  value  either  at  the  office  of  the  treasurer  of  said 
state  or,  at  the  option  of  the  holder,  at  the  fiscal  agency  for  the  state  of  California 
in  the  city  of  New  York  in  the  state  of  New  York,  at  the  times  and  in  the  manner 
following,  to  wit:  The  first  three  hundred  seventy-five  of  said  bonds  shall  be  due  and 
payable  on  the  third  day  of  July,  1923,  and  three  hundred  seventy-five  of  said  bonds 
in  consecutive  numerical  order  shall  be  due  and  payable  on  the  third  day  of  July  in 
each  and  every  j^ear  thereafter  until  and  including  the  third  day  of  July,  1962.  The 
interest  accruing  on  all  of  said  bonds  that  shall  be  sold  shall  be  payable  either  at  the 
office  of  the  treasurer  of  the  state  or  at  said  fiscal  agency,  as  the  holder  may  elect,  on 
the  third  day  of  January  and  the  third  day  of  July  of  each  and  every  year  after  the 
sale  of  the  same.  The  interest  on  all  bonds  issued  and  sold  shall  cease  on  the  day 
of  their  maturity  and  the  said  bonds  so  issued  and  sold  shall  on  the  day  of  their 
maturity  be  paid  as  herein  provided  and  canceled  by  the  treasurer  of  said  state.  All 
bonds  remaining  unsold  shall,  at  the  date  of  the  maturity  thereof  be  by  the  treasurer 
of  the  state  canceled  and  destroyed.  All  bonds  issued  pursuant  to  the  provisions  of 
this  act  shall  be  signed  by  the  governor  of  this  state,  countersigned  by  the  state  con- 
troller and  endorsed  by  the  state  treasurer,  and  the  said  bonds  shall  be  so  signed, 
countersigned  and  endorsed  by  the  officers  who  are  in  office  on  the  third  day  of  July, 
1917,  and  each  of  said  bonds  shall  have  the  great  seal  of  the  state  of  California 
impressed  thereon.  The  said  bonds  signed,  countersigned,  endorsed  and  sealed  as 
herein  provided,  when  sold,  shall  be  and  constitute  a  valid  and  binding  obligation  upon 
the  state  of  California,  though  the  sale  thereof  be  made  at  a  date  or  dates  after  the 
person  so  signing,  countersigning  and  endorsing,  or  either  of  them,  shall  have  ceased 
to  be  the  incumbents  of  said  office  or  offices. 

Interest  coupons. 

§  2.  Appended  to  each  of  said  bonds  there  shall  be  interest  coupons  so  attached 
that  the  same  may  be  detached  without  injury  to  or  mutilation  of  said  bond.  The  said 
coupons  shall  be  consecutively  numbered  and  shall  bear  the  lithographed  signature  of 
the  state  treasurer  who  shall  be  in  office  on  the  third  day  of  July,  1917.  No  interest 
shall  be  paid  on  any  of  said  bonds  for  such  time  as  may  intervene  between  the  date 
of  said  bond  and  the  date  of  sale  thereof,  unless  such  accrued  interest  shall  have  been, 
by  the  purchaser  of  said  bond,  paid  to  the  state  at  the  time  of  such  sale. 

Payment  of  expenses  incurred  in  preparation  of  bonds. 

§  3.  The  legislature  shall  provide  by  appropriation  sufficient  money  to  defray  all 
expenses  that  shall  be  incun-ed  by  the  state  treasurer  in  the  preparation  of  said  bonds 
and  in  the  advertising  of  the  sale  thereof,  as  in  this  act  provided. 


Aot  IDlOn,  §  4  GElVERAly  l-AWS.  088 

Sale  oi  bonds.    No  bid  accepted  less  than  par  value  plus  interest.    Announcement  Oi 

sale. 

$  4.  When  the  bonds  authorized  by  this  act  to  be  issued  shall  have  been  signed, 
countersigned,  endorsed  and  sealed  as  in  section  one  provided,  the  state  treasurer  shall 
sell  the  same  in  such  parcels  and  numbers  as  the  governor  of  the  state  shall  direct,  to 
the  highest  bidder  for  cash.  The  governor  of  the  state  shall  issue  to  the  state  treasurer 
such  direction  immediately  after  being  requested  so  to  do,  through  and  by  a  resolution 
duly  adopted  and  passed  by  a  majority  vote  of  the  advisory  board  of  the  department 
of  engineering.  Said  resolution  shall  specify  the  amount  of  money  which,  in  the  judg- 
ment of  said  advisory  board,  shall  be  required  at  such  time,  and  the  governor  of  the 
state  shall  direct  the  state  treasurer  to  sell  such  number  of  said  bonds  as  may  be 
required  to  raise  said  amount  of  money  and  that  said  bonds  shall  be  sold  in  consecutive 
numerical  order  commencing  with  the  first  three  hundred  seventy-five  thereof.  The 
state  treasurer  shall  not  accept  any  bid  which  is  less  than  the  par  value  of  the  bond 
plus  the  interest  which  has  accrued  thereon  between  the  date  of  sale  and  the  last 
preceding  interest  maturity  date.  The  state  treasurer  may  at  the  time  and  place  fixed 
by  him  for  said  sale  continue  such  sale  as  to  the  whole  or  any  part  of  the  bonds  offered 
to  such  time  and  place  as  he  may  at  the  time  of  such  continuance  designate.  Before 
offering  any  of  said  bonds  for  sale,  the  said  treasurer  shall  detach  therefrom  all  coupons 
which  have  matured  or  will  mature  before  the  date  fixed  for  such  sale.  The  state 
treasurer  shall  give  notice  of  the  time  and  place  of  sale  by  publication  in  two  news- 
papers published  in  the  city  and  county  of  San  Francisco  and  in  one  newspaper  pub- 
lished in  the  city  of  Oakland,  and  in  one  newspaper  published  in  the  city  of  Los 
Angeles  and  in  one  newspaper  published  in  the  city  of  Sacramento  once  a  week  for  four 
weeks  next  preceding  the  date  fixed  for  such  sale.  In  addition  to  the  notice  last  above 
provided  for,  the  state  treasurer  may  give  such  further  notice  as  he  may  deem  advisable, 
but  the  expenses  and  cost  of  such  additional  notice  shall  not  exceed  the  sum  of  five 
hundred  dollars  for  each  sale  so  advertised. 

"Second  state  highway  fund"  created. 

There  is  hereby  created  in  and  for  the  state  treasi:ry  a  fund  to  be  known  and  desig- 
nated as  the  "Second  State  Highway  Fund,"  and  imjnediately  after  such  sale  of  bonds 
the  treasurer  of  the  state  shall  pay  into  the  state  treasury  and  cause  to  be  placed  in 
said  second  state  highway  fund  the  total  amount  received  for  said  bonds,  except  such 
amount  as  may  have  been  paid  as  accrued  interest  thereon.  The  amount  that  shall  have 
been  paid  at  such  sale  as  accrued  interest  on  the  bonds  sold  shall  be  by  the  treasurer 
of  the  state,  immediately  after  such  sale,  paid  into  the  treasury  of  the  state  and  placed 
in  the  "Second  State  Highway  Interest  and  Sinking  Fund,"  which  is  hereby  created. 

rund  available  for  what  purposes. 

Of  the  moneys  placed  in  the  said  second  state  highway  fund,  pursuant  to  the  pro- 
visions of  this  section,  the  sum  of  twelve  million  dollars,  or  so  much  thereof  as  may  be 
necessary,  is  hereby  made  available,  and  shall  be  used  exclusively  for  the  acquisition  of 
rights  of  way  for  and  the  acquisition,  construction  and  improvement  of  the  uncom- 
pleted portions  of  the  system  of  state  highways  prescribed  by  said  "State  Highways 
Act."  And  of  said  moneys  so  placed  in  said  second  state  highway  fund,  the  sum  of 
three  million  dollars,  or  so  much  thereof  as  may  be  necessary,  is  hereby  made  avail- 
able and  shall  be  used  exclusively  for  the  acquisition  of  rights  of  way  for,  and  the 
acquisition,  construction  and  improvement  of  certain  extensions  from  said  system  of 
state  highways  prescribed  by  said  "State  Highways  Act"  as  follows:  An  extension 
connecting  the  interior  and  coast  trunk  lines  in  northern  California  through  Trinity 
and  Humboldt  counties  by  the  most  direct  and  practical  route;  an  extension  connecting 
the  iJan  Joaquin  valley  trunk  line  at  a  point  between  the  city  of  Merced  in  Merced 


089  HIGU^VAVS.  Act  19iea 

county,  and  the  city  of  Madera,  in  Madera  county,  with  the  coast  trunk  line  at  or  near 
the  city  of  Gilroy  in  Santa  Clara  county,  through  Pacheco  pass,  by  the  most  direct  and 
practical  route;  an  extension  of  the  Mariposa  county  state  highway  lateral  to  or  near 
the  railway  station  El  Portal,  in  Mariposa  county;  an  extension  connecting  the  San 
Joaquin  valley  trunk  line  in  Tulare  county  with  the  coast  trunk  line  in  Monterey 
county,  by  the  continuation  of  the  lateral  between  the  cities  of  Visalia  and  Hanford 
through  Coalinga  by  the  most  direct  and  practical  route;  an  extension  connecting  the 
San  Joaquin  valley  trunk  line  at  or  near  Bakersfield  with  the  coast  trunk  line  in  San 
Luis  Obispo  county,  through  Cholame  pass,  by  the  most  direct  and  practical  route; 
an  extension  of  the  San  Bernardino  county  state  highway  lateral  to  Barstow,  in  San 
Bernardino  county,  by  the  most  direct  and  practical  route;  an  extension  connecting 
Antelope  valley,  in  the  county  of  Los  Angeles,  with  the  city  of  Los  Angeles,  by  the 
most  direct  and  practical  route ;  and  an  extension  of  the  San  Bernardino  county  state 
highway  lateral  to  the  Arizona  state  line  near  the  town  of  Yuma,  Arizona,  via  the 
cities  of  Brawley  and  El  Centro  in  Imperial  county,  by  the  most  direct  and  practical 
route;  provided,  however,  that  expenses  of  the  acquisition,  construction  and  improve- 
ment of  the  extensions  above  enumerated  and  the  acquisition  of  rights  of  way  therefor, 
shall  be  partly  borne  by  the  county  or  counties  in  which  such  extensions  lie,  the  extent 
and  character  of  such  division  of  expenses  between  the  state  and  county  shall  rest  for 
final  determination  with  the  state  department  of  engineering  and  said  department  is 
hereby  authorized  to  enter  into  such  agreements  and  undertakings  as  are  necessary  to 
properly  carry  out  the  intent  of  this  section. 

Routes  selected  by  department  of  engineering. 

The  route  or  routes  of  said  state  highways  to  be  acquired,  constructed  or  improved 
under  the  provisions  of  this  act  shall  be  selected  by  the  department  of  engineering 
in  the  manner  provided  by  and  to  carry  out  the  objects  of  said  "State  Highways  Act" 
and  in  the  manner  provided  by  and  to  carry  out  the  objects  of  this  act. 

Controller's  warrants.     "State  highway  revolving  fund."     Statement  showing  expen- 
ditures. 

Moneys  shall  be  drawn  from  said  second  state  highway  fund  for  the  purj^oses  of  this 
act  upon  warrants  duly  drawn  by  the  controller  of  the  state  upon  demands  made  by  the 
department  of  engineering  and  allowed  and  audited  by  the  state  board  of  control; 
provided,  however,  that  out  of  the  proceeds  of  the  first  sale  of  bonds  made  hereunder 
the  state  controller  and  the  state  treasurer  shall  transfer  upon  their  respective  books 
the  sum  of  one  hundred  thousand  dollars  to  the  credit  of  the  "State  Highway  Revolv- 
ing Fund,"  which  fund  is  hereby  created  in  the  state  treasury.  The  moneys  in  said 
state  highway  revolving  fund,  or  such  part  thereof  as  the  advisory  board  of  the  depart- 
ment of  engineering  shall  deem  necessary,  may  be  expended,  from  time  to  time,  upon 
the  demands  of  the  department  of  engineering,  approved  by  the  state  board  of  control, 
for  the  purpose  of  making  cash  payments  in  advance  for  such  expenditures  as  are  nec- 
essary and  proper  to  carry  out  the  provisions  of  this  act.  Upon  receipt  of  such 
demands,  so  approved,  it  shall  be  the  duty  of  the  state  controller  to  draw  his  warrant 
upon  said  "State  Highway  Revolving  Fund"  in  favor  of  the  person  or  persons  therein 
named,  and  the  state  treasurer  shall  pay  the  same.  On  or  before  the  tenth  day  of 
each  month  thereafter,  the  department  of  enginering  shall  submit  to  the  state  board 
of  control  a  verified,  itemized  statement,  showing  all  expenditures  during  the  preceding 
calendar  month  of  the  moneys  so  withdrawn  from  said  "State  Highway  Revolving 
Fund,"  accompanied  by  proper  vouchers  and  receipts  therefor.  Such  statements  shall 
be  audited  by  the  state  board  of  control  in  the  same  manner  that  claims  against  the 
state  are  audited,  and,  if  found  to  be  correct,  shall  be  approved  by  the  state  board  of 
control  and  transmitted  to  the  state  controller  with  such  approval  endorsed  thereon. 


Act  1916a,  g§  5-7  GENERAL   LAVl'S.  000 

The  state  controller  shall  thereupon  draw  his  warrant  upon  the  "Second  State  High- 
way Fund"  in  favor  of  the  department  of  engineering  for  the  aggregate  amount  of  such 
expenditures,  and  upon  the  surrender  of  such  warrant  properly  endorsed,  the  state 
treasurer  shall  transfer  the  amount  thereof  upon  the  books  of  his  office  from  the  said 
"Second  State  Highway  Fund"  to  the  said  "State  Highway  Revolving  Fund,"  to  be 
expended  as  aforesaid. 

Appropriation  for  bonds,  principal  and  interest. 

§  5.  There  is  hereby  appropriated  from  the  general  fund  in  the  state  treasury  such 
sum  annually  as  will  be  necessary  to  pay  the  principal  of  and  the  interest  on  the  bonds, 
issued  and  sold  pursuant  to  the  provisions  of  this  act,  as  said  principal  and  interest 
becomes  due  and  payable. 

Collection. 

There  shall  be  collected  annually  in  the  same  manner  and  at  the  same  time  as  other 
state  revenue  is  collected  such  a  sum,  in  addition  to  the  ordinary  revenues  of  the  state 
as  shall  be  required  to  pay  the  principal  and  interest  on  said  bonds  as  herein  provided, 
and  it  is  hereby  made  the  duty  of  all  officers  charged  by  law  with  any  duty  in  regard 
to  the  collection  of  said  revenue,  to  do  and  perform  each  and  every  act  which  shall 
be  necessary  to  collect  such  additional  sum. 

Transfer  by  treasurer. 

The  treasurer  of  the  state  shall,  on  the  first  day  of  January,  1918,  and  on  the  first 
day  of  each  July  and  the  first  day  of  each  January  thereafter  transfer  from  the  general 
fund  of  the  state  treasury  to  the  "Second  State  Highway  Interest  and  Sinking  Fund" 
such  an  amount  of  the  money  by  this  act  appropriated  as  shall  be  required  to  pay  the 
interest  on  the  bonds  theretofore  sold,  until  the  interest  on  all  of  said  bonds  so  sold 
shall  have  been  paid  or  shall  have  become  due  in  accordance  with  the  provisions  of 
this  act. 

"Second  state  highway  sinking  fund"  created. 

There  is  hereby  created  in  the  state  treasury  a  fund  to  be  known  and  designated  as 
the  "Second  State  Highway  Sinking  Fund."  The  treasurer  of  the  state  shall  on  the 
first  day  of  July  of  the  year  1923,  and  on  the  first  day  of  July,  of  each,  any  and  ever^' 
year  thereafter  in  which  a  parcel  of  the  bonds  sold  pursuant  to  the  provisions  of  this 
act  shall  become  due,  transfer  from  the  general  fund  of  the  state  treasury  to  the  said 
second  state  highway  sinking  fund  such  an  amount  of  the  moneys  appropriated  by  this 
act  as  may  be  required  to  pay  the  principal  of  the  bonds  so  becoming  due  and  payable 
in  such  years. 

Principal  and  interest  paid  from  sinking  fund. 

$  6.  The  principal  of  all  of  said  bonds  sold  shall  be  paid  at  the  time  the  same 
becomes  due,  from  the  second  state  highway  sinking  fund,  and  the  interest  on  all  bonds 
sold  shall  be  paid  at  the  time  said  interest  becomes  due,  from  the  second  state  highway 
interest  and  sinking  fund.  Both  principal  and  interest  shall  be  so  paid  upon  warrants 
duly  drawn  by  the  controller  of  the  state  upon  demands  audited  by  the  state  board  of 
control,  and  the  faith  of  the  state  of  California  is  hereby  pledged  for  the  payment  of 
the  principal  of  said  bonds  so  sold,  and  the  interest  accruing  thereon. 

Records.    Annual  report.    Books  open  to  inspection. 

§  7.  The  state  controller  and  state  treasurer  shall  keep  full  and  particular  account 
and  record  of  all  their  proceedings  under  this  act  and  they  shall  transmit  to  the  gov- 
ernor, in  triplicate  an  abstract  of  all  such  proceedings  thereunder  with  an  annual  report 
in  triplicate,  one  copy  of  each  to  be  by  the  governor,  laid  before  each  house  of  the  legis- 


B91  HIGHWAYS.  Act  lOlCa,  §  » 

lature  biennialh-.  All  books  and  papers  pertaining  to  the  matter  provided  for  in  this 
act  shall,  at  all  times,  be  open  to  the  inspection  of  any  party  interested,  or  the  governor, 
or  the  attorney  general,  or  a  committee  of  either  branch  of  the  legislature  or  a  joint 
committee  of  both  or  any  citizen  of  the  state. 

Highway  permanent  in  character.  Department  of  engineering  may  acquire  rights  of 
way,  quarries,  etc.  Certain  highways  become  right  of  way  of  state  highway. 
Counties  to  pay  interest. 

§  8.  The  highway  constructed  or  acquired  under  the  provisions  of  this  act  shall  be 
permanent  in  character  and  be  finished  with  oil  or  macadam  or  a  combination  of  both, 
or  of  such  other  material  as  in  the  judgment  of  the  said  department  of  engineering 
shall  be  most  suitable  and  best  adapted  to  the  particular  locality  traversed.  The  state 
department  of  engineering,  in  the  name  of  the  people  of  the  state  of  California,  may 
purchase,  or  receive  by  donation  or  dedication  from  counties,  or  from  public  or  private 
persons,  or  it  may  lease,  any  right  of  way,  rock  quarry  or  land  necessary  or  proper 
for  the  construction,  use,  improvement  or  maintenance  of  said  state  highway  and  shall 
proceed,  if  necessary,  to  condemn  under  the  provisions  of  the  Code  of  Civil  Procedure 
relating  to  such  proceedings  any  necessary  or  proper  right  of  way,  rock  quarry  or 
land.  The  department  of  engineering  in  accordance  with  law  shall  have  power  and 
authority  to  purchase,  sell,  exchange,  lease  or  otherwise  acquire  or  dispose  of  all  sup- 
plies, stock,  material,  machinery  and  implements  and  do  all  other  things  necessary  or 
proper  in  the  construction,  imi^rovement  or  maintenance  of  said  state  highway.  The 
department  of  engineering  in  accordance  with  law  shall  have  power  and  authority  to 
purchase,  lease,  or  erect  plants  for  manufacture  of  cement,  crushed  rock  and  other 
materials  used  in  road  or  highway  work,  and  also  the  power  to  dispose  of  said  plants 
when  no  longer  required  for  such  purposes.  With  the  exception  of  those  public  high- 
ways which  have  been  permanently  improved  under  county  or  permanent  road  divisioh 
bond  issues  within  nine  years  prior  to  the  adoption  of  this  act,  all  public  highways 
within  this  state  lying  within  the  right  of  way  of  said  state  highway  as  determined 
and  adopted  by  the  department  of  engineering  shall  be  and  the  same  shall  become  a 
part  of  the  right  of  way  of  said  state  highway,  without  compensation  being  paid  there- 
for; provided,  nothing  herein  contained  shall  require  the  state  to  maintain  any  high- 
way along  or  on  said  right  of  waj',  prior  to  the  completion  or  acquisition  of  the  perma- 
nent improvements  contemplated  by  this  act.  Whenever  any  money  received  from  the 
sale  of  bonds,  under  the  provisions  of  this  act,  shall  be  expended  in  any  county  in  this 
state,  such  county  must  pay  into  tlie  state  treasury  such  sum  each  j'ear  as  shall  equal 
the  interest,  at  the  rate  of  four  and  one-half  per  cent  per  annum,  upon  the  entire  sum 
of  money  expended  from  the  proceeds  of  the  bonds  issued  under  this  act  within  such 
county  in  the  construction  of  said  state  highway,  less  such  portion  of  said  amount 
expended  as  the  bonds  matured  under  the  provisions  of  this  act  shall  bear  to  the  total 
number  of  bonds  sold  and  outstanding;  provided,  however,  that  in  all  cases  where,  by 
reason  of  physical  difficulties  to  be  overcome,  or  other  good  and  sufficient  cause,  the 
.state  department  of  engineering  shall  determine  that  the  cost  of  construction  of  any 
portion  of  such  state  highway  in  any  county,  or  counties,  is  so  great  as  to  entail  an 
unjust  and  inequitable  burden  upon  any  such  county,  or  counties,  in  refunding  to  the 
state  the  sums  so  paid  for  interest  upon  the  bonds  sold  and  the  proceeds  thereof 
applied  as  aforesaid,  such  county,  or  counties,  shall  not  be  required  to  refund  the 
whole  amount  of  such  interest,  but  only  such  proportion  thereof  as  the  state  depart- 
ment of  engineering  shall  adjudge  to  be  fair  and  reasonable.  All  highways  constructed 
or  acquired  under  the  provisions  of  this  act  shall  be  permanently  maintained  and  con- 
trolled by  the  state  of  California. 

This  section  was  partly  repealed  by  section  3,  article  XVI,  of  the  constitution,  adopted 
at  the  general  election  of  November  2,  1920. 


Art  lOiea.  89  0-14  CENKRAL   LAWS.  MS 

In  effect  when. 

5  9.  This  act,  if  adoi)te(l  by  the  people,  shall  take  effect  on  the  thirty-first  day  of 
December,  191G,  as  to  all  its  provisions  excej)!  those  relating  to,  and  necessary  for,  its 
Bubmission  to  the  people  and  for  rcturninp:,  canvassin<j  and  proclaimini?  the  votes,  and 
as  to  said  excepted  provisions  this  act  shall  take  effect  ninety  days  after  the  linal 
adjournment  of  the  present  session  of  the  legislature. 

Act  to  be  submitted  to  people. 

^  10.  This  act  shall  be  submitted  to  the  people  of  the  state  of  California  for  their 
ratification  at  the  next  general  election  to  be  holden  in  the  month  of  November,  nine- 
teen hundred  and  sixteen,  and  all  ballots  at  such  election  shall  have  printed  thereon  the 
words  "For  the  State  Highway  Act  of  1915"  and  such  other  designation  as  may  be 
necessary  to  projierly  identify  this  act.  In  a  square  immediately  below  the  square  con- 
taining said  words  there  shall  be  printed  on  said  ballot  the  words  "Against  the  Slate 
Highway  Act  of  1915."  Opposite  the  words  "For  the  State  Highway  Act  of  1915"  and 
". Against  the  State  Highway  Act  of  1915,"  there  shall  be  left  spaces  in  which  the 
voters  may  make  or  stamp  a  cross  to  indicate  whether  they  vote  for  or  against  this  act, 
and  those  voting  for  said  act  shall  do  so  by  placing  a  cross  opjiosite  the  words  "For 
the  State  Highway  Act  of  1915"  and  those  voting  against  said  act  shall  do  so  by  plac- 
ing a  cross  opposite  the  words  "Against  the  State  Highway  Act  of  1915."  The  gov- 
ernor of  this  state  shall  include  the  submission  of  this  act  to  the  people  as  aforesaid, 
in  his  proclamation  calling  for  said  general  election. 

Results  of  election. 

^  11.  The  votes  cast  for  or  against  this  act  shall  be  counted,  returned  and  canvassed 
and  declared  in  the  same  manner  and  subject  to  the  same  rules  as  votes  cast  for  state 
officers,  and  if  it  appears  that  said  act  shall  have  received  a  majority  of  all  the  votes 
cast  for  and  against  it  at  such  election,  as  aforesaid,  then  the  same  shall  have  effect 
as  hereinbefore  provided  and  shall  be  irrepealable  until  the  principal  and  interest  of 
the  liabilities  herein  created  shall  be  paid  and  discharged,  and  the  governor  shall  make 
l)roclamation  thereof.  But  if  a  majority  of  the  votes  cast,  as  aforesaid,  are  against  this 
act  then  the  same  shall  be  and  become  void. 

Publication  to  act  before  election, 

^  12.  It  shall  be  the  duty  of  the  secretary  of  state  to  have  this  act  published  in  at 
least  one  newspaper  in  each  county,  or  city  and  county,  if  one  be  published  therein, 
throtighout  this  state,  for  three  months  next  preceding  the  general  election  to  be  holden 
in  the  month  of  November,  A.  D.  nineteen  hundred  and  sixteen;  the  cost  of  jniblication 
shall  be  paid  out  of  the  general  fund,  on  controller's  warrants  duly  drawn  for  the 
purpose. 

Title  of  act. 

5  13.     This  act  shall  be  known  and  cited  as  the  "State  Highways  Act  of  1915." 

Repealed. 

^  14.  All  acts  and  parts  of  acta  in  conflict  with  the  provisions  of  this  act  are  hereby 
repealed. 

See  sections   2  and   3,   article   XVI.  coiistl-  See   llU   "State   Engineering,"   Act   itil. 

tution. 


003  HIGHWAYS.  Act  1916b,  §§  1-4 

SPECIAL  ELECTION  ON  HIGHWAY  AMENDMENT  TO  CONSTITUTION. 
ACT  19161) — An  act  calling  a  special  election  to  be  held  on  Tuesday,  July  1,  1919,  and 
providing  for  tlie  submission  thereat  to  the  qualified  electors  of  the  state  of  an 
amendment  to  the  constitution  of  the  state  of  California  known  as  Senate  Constitu- 
tional Amendment  Number  27,  proposed  by  the  legislature  of  said  state  at  its  forty- 
third  session,  providing  for  the  issuance  of  bonds  to  the  amount  of  forty  million 
dollars  for  the  completion  of  the  state  highway  system  and  the  acquisition  and  con- 
struction of  other  state  highways  by  the  state  department  of  engineering,  and  making 
an  appropriation  for  the  purposes  of  this  act. 

History:     Approved   April   24,   1919.    In   effect   immediately.    Stats. 
1919,  p.  136. 

Election  for  state  highway  bonds. 

$  1.  A  special  election  is  hereby  called  for  and  shall  be  held  throughout  the  state  of 
California  on  Tuesday,  the  first  day  of  July,  1919,  and  at  such  special  election  there 
shall  be  submitted  to  the  qualified  electors  of  said  state,  for  adoption  or  rejection,  in 
accordance  with  the  provisions  of  section  one  of  article  eighteen  of  the  constitution 
of  said  state,  the  amendment  to  said  constitution  known  as  Senate  Constitutional 
Amendment  No.  27  proposed  by  the  legislature  of  said  state  at  its  forty-third  regular 
session  commencing  on  the  sixth  day  of  January,  1919,  providing  for  the  issuance  of 
bonds  to  the  amount  of  forty  million  dollars  for  the  completion  of  the  state  highway 
system  and  the  acquisition  and  construction  of  other  state  highways  by  the  state 
department  of  engineering. 

Conduct  of  election. 

4  2.  Except  as  otherwise  expressly  provided  by  this  act,  said  election  shall  be  pro- 
claimed, held  and  conducted  and  the  ballots  shall  be  prepared,  marked,  voted,  counted, 
canvassed,  and  the  results  shall  be  ascertained  and  the  returns  thereof  made  in  all 
respects  in  accordance  with  the  provisions  of  the  constitution  applicable  thereto  and  the 
laws  governing  elections  in  so  far  as  the  provisions  thereof  are  applicable  to  the  election 
called  by  this  act. 

Arguments  to  be  filed. 

$  3.  The  arguments  provided  for  by  section  one  thousand  one  hundred  ninety-five  of 
the  Political  Code  must  be  delivered  to  the  secretary  of  state  within  ten  days  following 
the  adjournment  of  the  legislature.  Amendments  thereof  or  changes  therein  may  be 
made  within  ten  days  from  such  delivery,  but  not  later.  It  shall  be  the  duty  of  the 
attorney  general  to  prepare  and  deliver  to  the  secretary  of  state  the  ballot  title  pro- 
vided for  in  section  one  thousand  one  hundred  ninety-seven  of  the  Political  Code  within 
ten  days  following  the  adjournment  of  the  legislature.  Written  objection  thereto  may 
be  filed  with  the  secretary  of  state  within  ten  days  from  such  delivery,  but  not  later. 

Publication  of  proposed  amendment. 

^  4.  It  shall  be  the  duty  of  the  board  of  control  to  have  the  said  proposed  amend- 
ment published  in  at  least  one  newspaper  in  each  county,  or  city  and  county,  if  one  be 
published  therein,  throughout  the  state,  once  a  week  for  four  successive  weeks  preceding 
the  election  hereby  called.  The  arguments  provided  for  by  section  one  thousand  one 
hundred  ninety-five  of  the  Political  Code  shall  be  similarly  published,  in  conjunction 
with  the  publication  of  such  proposed  amendment,  and  shall  be  printed  with  the  latter, 
in  immediate  sequence,  in  each  newspaper  in  which  such  publication  is  made.  The  pub- 
lication of  such  proposed  amendment  and  of  such  arguments  shall  be  in  lieu  of  that  pre- 
scribed by  the  provisions  of  sections  one  thousand  one  hundred  ninety-five  a  and  one 
thousand  one  hundred  ninety-five  b  of  the  Political  Code,  and  no  other  publication  shall 
be  necessary  or  authorized. 

Gen.  Laws — 63 


Act  1917.  §§  1-4 


GENERAL  LAWS. 


Appropriation. 

$  5.  There  is  hereby  appropriated  out  of  any  money  in  the  state  treasury,  not  other- 
wise appropriated,  the  sum  of  fifteen  thousand  dollars,  or  so  much  thereof  as  may  be 
necessary,  to  defra}'  the  cost  of  publication  hereby  required.  The  state  controller  is 
nereby  authorized  and  directed  to  draw  his  warrants,  not  exceeding  said  sum,  in  favor 
of  the  board  of  control  for  such  purpose,  and  the  state  treasurer  is  hereby  authorized 
and  directed  to  pay  the  same. 

In  eflfect  when. 

$  6.     This  act,  being  an  act  calling  an  election,  shall  take  effect  immediately. 


ACQUISITION  OF  RIGHTS  OF  WAY  AND  ROCK  QUARRIES  BY  COUNTIES. 

ACT  1917 — An  act  to  permit  counties  to  acquire  rights  of  way  for  state  highways  and 

to  pay  part  of  the  expense  of  constructing  state  highways  and  bridges  within  their 

limits  and  authorizing  the  state  to  accept  the  same. 

History:     Approved  June  3,  1913.    In  effect  August  10,  1913.     Stats. 
1913,  p.  445. 

Acquisition  of  rights  of  way  and  rock  quarries  for  state  highways  authorized. 

^  1.  "Whenever  it  is  determined  by  a  four-fifths  vote  of  the  board  of  supervisors  of 
any  county  that  the  interests  of  the  county  would  be  promoted  thereby,  the  board  of 
supervisors,  upon  the  recommendation  of  the  advisory  board  of  the  department  of  engi- 
neering of  the  state  of  California,  may,  by  resolution  passed  by  a  four-fifths  vote  of 
said  county  board,  determine  to  acquire  by  purchase,  donation  or  dedication,  or  lease 
any  right  of  v^ay,  rock  quarry  or  land  needed  for  state  highway  purposes  and  described 
in  such  recommendation,  and  shall  proceed,  if  necessary,  to  condemn  under  the  pro- 
visions of  the  Code  of  Civil  Procedure  relating  to  such  proceedings  any  right  of  way, 
rock  quarry  or  land  recommended  to  be  acquired  as  aforesaid.  The  title  to  such  prop- 
erty may  be  taken  in  the  name  of  the  state  or  the  county.  The  order  of  the  board  of 
supervisors  shall  be  the  only  preliminary  procedure  required  prior  to  the  acquisition 
of  such  property  or  the  commencement  of  such  condemnation  action  or  actions. 

Counties  may  contribute  bridges,  etc. 

§  2.  Whenever  it  is  determined  by  a  four-fifths  vote  of  the  board  of  supervisors  of 
any  county  that  the  interests  of  the  county  would  be  promoted  thereby,  the  board  of 
supervisors  may,  upon  the  written  request  of  the  advisory  board  of  the  department  of 
engineering  of  the  state  of  California,  by  resolution  passed  by  a  four-fifths  vote  of 
said  county  board,  determine  to  contribute  bridges,  fencing,  money,  labor,  materials 
and  other  appurtenances  toward  the  expenses  of  constructing  state  highways  within 
their  limits. 

Cost  charged  to  general  fund. 

^  3.  The  cost  of  such  acquisition  of  property  mentioned  in  section  1  of  this  act  and 
the  contributing  of  bridges,  fencing,  money,  labor,  materials,  or  other  appurtenances 
mentioned  in  section  2  of  this  act  may  be  charged  to  the  general  county  fund,  the  gen- 
eral road  fund  or  the  district  fund  of  the  district  or  districts  benefited. 

State  authorized  to  receive. 

$  4.  The  state  is  hereby  authorized  to  receive  and  use  the  benefits  provided  under 
this  act  and  any  money  contributed  by  a  county  shall  be  paid  into  the  state  fund  desig- 
nated by  the  board  of  supervisors  in  the  resolution  determining  such  donation. 


095  HIGHWAYS.  Act  1917a,  g§  1, 2 

OPENINGS  AND  OBSTRUCTIONS  IN  STATE  HIGHWAYS. 

ACT  1917a — An  act  regulating  the  making  of  openings  or  the  placing  of  structures  or 

the  change  or  renewal  of  any  structure  and  the  planting  or  removal  of  trees  or  shrubs 

or  the  placing  of  ohstructions  in  or  on  state  roads  and  highways;  providiTig  for  the 

issuance  of  permits  hy  the  state  department  of  engineering  relative  thereto,  and  for 

the  laying  or  placing  pipes,  conduits,  sewers,  poles,  wires,  railways,  obstructions  and 

other  objects,  and  for  the  planting,  trimming  or  removal  of  trees  or  shrubs  in  or  on 

state  roads  and  highways;  providing  for  the  requirement  of  bonds  from  ^pplicants 

before  the  issuance  of  such  permits;  and  prescribing  the  penalty  for  violations  of  the 

provisions  of  this  act. 

History:     Approved  April  23,  1915.    In  effect  August  8,  1915.    Stats. 
1915,  p.  179. 

Permits  from  department  of  engineering  for  openings,  etc.,  on  highways.    Work  under 

supervision  of  department  of  engineering. 

$  1.  No  opening  shall  be  made  in  any  state  road  or  highway  nor  shall  any  structure 
be  placed  thereon,  nor  shall  any  structure  which  has  been  placed  thereon  be  changed  or 
renewed  except  in  accordance  with  a  permit  from  the  state  department  of  engineering 
or  its  duly  authorized  officers  who  shall  exercise  complete  and  permanent  control  over 
such  roads  or  highways.  No  state  road  or  highway  shall  be  dug  up  for  laying  or  placing 
pipes,  conduits,  sewers,  wires,  railways  or  other  objects,  and  no  tree  or  shrub  in  or  on 
any  state  road  or  highway  shall  be  planted,  trimmed  or  removed,  and  no  obstruction 
placed  thereon,  without  a  written  permit  as  hereinbefore  provided,  and  then  only  in 
accordance  with  the  regulations  of  such  department  of  engineering  or  its  duly  author- 
ized officers  or  employees;  and  the  work  shall  be  done  under  the  supervision  and  to 
the  satisfaction  of  the  department  of  engineering  or  its  appropriate  officers  or  em- 
ployees, and  the  entire  expense  of  replacing  the  highway  in  as  good  condition  as  before 
shall  be  paid  by  the  persons  to  whom  the  permit  is  given  or  by  whom  the  work  is  done ; 
but  a  city  or  town  may,  within  its  corporate  limits,  dig  up  a  state  road  or  highway 
without  such  approval  or  permit  in  case  of  immediate  necessity;  but  in  such  cases  it 
shall  be  forthwith  replaced  in  as  good  condition  as  before  at  the  expense  of  the  city 
or  town. 

Bond  of  applicant. 

The  department  of  engineering,  or  its  duly  authorized  officers,  may,  in  its  discretion, 
before  granting  a  permit  under  the  provisions  of  this  act,  require  the  applicant  to  file 
a  satisfactory  bond  to  the  people  of  the  state  of  California  in  such  an  amount  as  may 
be  deemed  sufficient  bj'^  the  department  of  engineering  or  its  duly  authorized  officers, 
conditioned  for  the  proper  compliance  with  the  requirements  of  this  act  by  the  person 
granted  such  permit. 

Work  without  permit,  misdemeanor. 

Any  person  convicted  of  making  any  opening  in  a  state  road  or  highway  or  placing 
any  structure  thereon,  or  changing  or  renewing  any  structure  thereon  without  obtaining 
a  permit  as  herein  provided,  or  not  in  compliance  Avith  the  tenns  of  such  a  permit,  or 
otherwise  violating  the  provisions  of  this  act,  shall  be  guilty  of  a  misdemeanor. 

Power  of  railroad  commission  not  limited. 

$  2.  This  act  is  not  intended  nor  is  it  to  be  construed  as  limiting  the  powers  and 
duties  vested  by  law  in  the  railroad  commission  of  the  state  of  California,  and  in  the 
event  of  any  conflict  of  jurisdiction,  that  of  such  railroad  commission  shall  prevail. 


Acts  1917b.  1917d,  §g  1-3  GENERAL.  L.A\i^S.  896 

ABANDONMENT  ACT  OF  1915. 
ACT  19171) — An  act  to  provide  for  the  abandonment  of  portions  of  routes  of  state  roads 
and  highways  by  the  advisory  board  of  state  department  of  engineering,  and  for  con- 
sent thereto  in  certain  cases  by  county  boards  of  supervisors. 

History:     Approved  May  20,  1915.     In  effect  August  8,  1915.     Stats. 
1915,  p.  640. 

Abandonment  of  state  roads. 

$  1.  The  advisory  board  of  the  state  department  of  engineering  shall  have  the 
power  to  abandon  portions  of  routes  of  state  roads  and  highways  under  its  jurisdiction, 
when,  in  its  opinion,  such  abandonment  shall  be  necessary  by  reason  of  alterations  or 
revisions  in  alignment  of  portions  of  routes  of  state  roads  and  highways  by  said  advis- 
ory board  and  shall  be  for  the  best  interests  of  the  state.  It  may  abandon  any  lands  or 
parts  thereof  or  rights  in  lands  which  have  been  taken  or  acquired  by  the  state  for  such 
state  road  or  highway  purposes  and  forming  part  of  portions  of  routes  of  state  roads  and 
highways  as  aforesaid  by  resolution  adopted  by  the  advisory  board  of  such  department 
of  engineering,  and  a  copy  of  such  resolution  may  be  recorded  in  the  county  where 
such  land  or  part  of  land  to  be  abandoned  is  located,  without  acknowledgment,  certifi- 
cate of  acknowledgment,  or  further  proof,  and  no  fee  shall  be  charged  for  such  record- 
ing by  the  county  recorder  of  such  county;  provided,  however,  that  nothing  contained 
in  this  act  shall  authorize  and  empower  said  state  department  of  engineering  to  abandon 
any  portion  or  portions  of  any  state  road  or  highway  where  such  abandonment  will 
operate  to  vest  or  revest  the  control  and  maintenance  of  such  portion  or  portions  of 
state  road  or  highway  or  state  bridge  in  the  board  or  boards  of  supervisors  of  any 
county  or  counties  wherein  such  portion  or  portions  proposed  to  be  abandoned  are 
located,  without  the  consent,  by  formal  resolution,  of  such  board  or  boards  of  super- 
visors affected  by  such  abandonment  having  been  first  obtained. 

CONVICT  LABOR  ON  STATE  HIGHWAYS. 

ACT  1917c — An  act  authorizing  the  use  of  convict  labor  on  state  highways;  regulating 

the  handling  of  such  labor;  authorizing  extra  good  time  allowance;  and  providing 

penalties  for  interference. 

History:     Approved  April  27,  1915.     In  effect  August  8,  1915.    Stats. 
1915,  p.  218. 

Convicts  for  state  highway  work. 

$  1.  The  department  of  engineering  of  the  state  of  California  may  employ,  or  cause 
to  be  emploj'ed,  convicts  confined  in  the  state  prisons  in  the  construction,  improvement 
and  maintenance  of  the  state  highway  system  provided  for  in  the  "State  Highways 
Act,"  approved  March  22,  1909,  and  in  the  construction,  improvement  and  maintenance 
of  any  other  state  roads  in  California. 

Upon  the  requisition  of  the  department  of  engineering  the  state  board  of  prison 
directors  shall  send  to  the  place  and  at  the  time  designated  the  number  of  convicts 
requisitioned,  or  such  portion  thereof  as  are  in  the  judgment  of  the  warden  available. 

Department  of  engineering  to  supervise  work. 

$  2.  The  department  of  engineering  shall  designate  and  supervise  all  road  work  done 
under  the  provisions  of  this  act.  It  shall  provide,  supervise  and  maintain  necessary 
camps  and  commissariat. 

Prison  directors  shall  discipline. 

$  3.  The  state  board  of  prison  directors  shall  have  full  jurisdiction  at  all  times  over 
the  discipline  and  control  of  convicts  employed  on  state  roads. 


I 


997  HIGHWAYS.  Act  1917d,  §  1 

Expenses. 

§  4.  The  expense  of  transportation  of  labor,  necessary  guarding,  commissariat, 
camps,  and  all  other  expense  incidental  to  such  work  shall  be  borne  by  the  respective 
funds  provided  for  such  state  road  or  highway  work  in  the  manner  provided  by  law. 

Convicts  not  to  build  bridges. 

$  41/2-  Said  convicts  when  employed  under  the  provisions  of  this  act  shall  not  be 
used  for  the  purpose  of  building  any  bridge  or  structure  of  like  character  which 
requires  the  emplo3'ment  of  skilled  labor. 

Good  time  allowance  for  work. 

$  5.  The  state  board  of  prison  directors  is  hereby  empowered  and  directed  to  adopt 
a  special  rule  applicable  solely  to  convicts  employed  as  herein  authorized  and  contem- 
plated, whereby  convicts  so  employed  shall  be  granted  additional  good  time  allowance 
conditioned  upon  their  loyal,  obedient  and  efficient  co-operation  with  the  state,  but  such 
additional  good  time  allowance  shall  not  exceed  one  day  for  each  two  calendar  days 
that  the  convict  is  absent  from  the  prison. 

Interference  with  convicts,  felony.    Penalty. 

$  6.  Any  person  who,  without  authority,  interferes  with  or  in  any  way  interrupts 
the  work  of  any  convict  employed  pursuant  to  this  act,  and  any  person  not  authorized 
by  law,  who  gives  or  attempts  to  give  to  any  state  prison  convict  so  employed  any 
opium,  cocaine,  or  other  narcotic,  or  any  intoxicating  liquors  of  any  kind  whatever,  or 
firearms,  weapons  or  explosives  of  any  kind,  is  guilty  of  a  felony,  and  upon  conviction 
thereof  shall  be  punished  by  imprisonment  in  the  state  prison  for  a  term  not  less  than 
one  year  nor  more  than  five  years,  and  shall  be  disqualified  from  holding  any  state 
office  or  position  in  the  employ  of  this  state.  Any  officer  or  guard  of  any  state  prison, 
or  any  superintendent  of  such  road  work,  having  in  charge  the  convicts  employed  upon 
such  highways,  may  arrest  without  a  warrant  any  person  violating  any  jjrovision  of 
this  section. 

Repealed. 

$  7.  All  acts  and  parts  of  acts  in  conflict  with  the  provisions  of  this  act  are  hereby 
repealed. 

ROAD  DIVISION  VALIDATION  ACT  OF  1917. 
ACT  1917d — An  act  to  legalize  the  organization  of  permanent  road  divisions  and  vali- 
date all  proceedings  for  the  issuance  of  bonds  of  said  divisions  where  authority  for 
issuance  of  said  bonds,  has  already  been  given  by  a  vote  of  at  least  two-thirds  of  the 
electors  of  any  permanent  road  division. 

History:     Approved  April  19,  1917.     In  effect  July  27,  1917.     Stats. 
1917,  p.  141. 

Organization  of  permanent  road-divisions  validated.    Time  for  instituting  suit. 

$  1.  In  all  cases  where  the  board  of  supervisors  of  any  county  of  this  state,  purport- 
ing to  act  under  and  b}'  virtue  of  the  provisions  of  the  Political  Code  applicable  thereto, 
has  organized  a  permanent  road  division,  all  proceedings  for  the  organization  of  smy 
such  road  division  and  the  organization  thereof  are  hereby  validated  and  declared  legal 
and  no  proceedings  to  test  the  validity  of  any  such  road  division  shall  be  maintained 
unless  instituted  within  ninety  days  from  the  effective  date  of  this  act.  Whenever  the 
board  of  supervisors  of  any  county  has  ordered  the  issuance  of  bonds  of  any  such  road 
division,  after  an  election  of  the  qualified  electors  thereof  has  been  held  to  determine 
whether  such  indebtedness  shall  be  incurred,  at  which  election  not  less  than  two-thirds 
of  all  qualified  electors  voting  at  such  election  have  voted  in  favor  of  incurring  such 
indebtedness,  all  the  proceedings  preceding  and  including  the  issuance  and  the  proposed 


Act  1918,  §§  1-4  GENERAL   LAWS. 

issuance  of  such  bonds  are  hereby  validated,  ratified  and  confirmed;  and  all  such  bonds 
sold  or  to  be  sold  for  not  less  than  par  and  accrued  interest  are  hereby  declared  to  be 
valid  and  legal  obligations  of  such  road  divisions  in  accordance  with  their  terms,  and 
no  suit  shall  be  maintained  to  prevent  the  issuance,  sale  or  delivery  of  any  such  bonds 
or  to  prevent  the  payment  of  principal  or  of  the  interest  accruing  thereon  when  such 
principal  and  interest,  respectively,  become  due  in  accordance  with  the  terms  of  such 
bonds,  unless  such  suit  is  instituted  within  ninety  days  from  the  effective  date  of 
this  act. 

STATE  AID  HIGHWAYS  IN  COUNTIES  AND  TOWNS. 

ACT  1918 — An  act  providing  for  the  construction  and  maintenance  by  the  state  of  state 

aid  highways  in  counties  and  towns. 

History:     Approved  June  5,  1913.     In  effect  August  10,  1913.    Stats. 
1913,  p.  461. 

Supervisors  may  petition  that  highway  be  improved  by  department  of  engineering. 

$  1.  The  board  of  supervisors  of  any  county  may  on  a  not  less  than  four-fifths  vote 
of  such  board  or  governing  body,  petition  the  state  department  of  engineering,  herein- 
after in  this  act  called  department,  upon  forms  prepared  by  said  department,  or  under 
its  direction  to  have  any  main  public  highway  in  the  said  county,  or  town  improved 
and  maintained  under  the  provisions  of  this  act.  Such  petition  shall  contain  a  detailed 
description  of  the  highway  petitioned  to  be  improved,  a  statement  as  to  whether  or  not 
the  rights  of  way  for  the  said  highway  have  been  secured  by  the  public;  a  statement 
of  the  kind  of  construction  work  with  which  it  is  sought  to  have  the  highway  improved, 
and  such  other  information  and  data  as  the  department  may  prescribe. 

Consideration  of  petition.    Surveys,  estimates,  etc.    State  highway. 

§  2.     Upon  receipt  of  such  a  petition  the  department  shall  give  careful  consideration 

to  the  matters  contained  therein,  and  may  authorize  the  body  filing  the  petition  to  file 
an  amended  or  modified  petition  conforming  to  such  regulations  and  conditions  as  in 
the  discretion  of  the  department  may  be  deemed  just  and  proper. 

If  said  department  determine  that  public  necessity  and  convenience  require  that  such 
highway  should  be  laid  out  and  be  taken  charge  of  by  the  state,  it  shall  cause  the  engi- 
neer or  surveyor  of  the  county  in  which  the  road  to  be  improved  is  located  to  make 
adequate  surveys,  plans,  specifications  and  estimates  thereof  subject  to  the  approval 
and  acceptance  of  the  department.  Upon  approval  by  the  department,  a  copy  of  the 
petition,  resolution  or  undertaking,  plans,  specifications  and  estimate  shall  be  filed  with 
the  department  and  also  in  the  ofiSce  of  the  recorder  of  the  county  in  which  the  high- 
way is  situated  and  thereafter  it  shall  be  a  state  highway,  and  shall  be  constructed  and 
kept  in  good  repair  as  the  department  shall  direct,  under  the  supervision  of  the  engineer 
or  surveyor  of  the  said  county,  the  expense  for  construction  and  repair  of  same  to  be 
proportioned  and  paid  as  hereafter  provided.  Such  highways  shall  be  known  as  state 
aid  highways. 

Bridges  and  culverts  constructed  by  county. 

$  3.  The  department  shall  not  grant  the  prayer  of  any  petition  for  the  improvement 
of  a  highway  under  the  provisions  of  this  act  unless  all  necessary  bridges  and  culverts 
shall  have  first  been  constructed  by  the  county,  or  town  in  which  the  highway  is  situ- 
ated, in  a  manner  satisfactory  to  the  department,  nor  unless  all  necessary  rights  of  way 
have  been  secured  by  the  public.  All  expenditures  under  the  provisions  of  this  act  shall 
be  distributed  equitably  throughout  the  state. 

Advertising  and  letting  contract.    Bids  may  be  rejected. 

$  4.  When  the  department  is  prepared  for  construction  it  shall  so  notify  the  govern- 
ing body  of  the  town  or  county  in  which  the  highway  is  located  and  f uinish  them  a  veri- 


I 


909  HIGHWAYS.  Act  1918,  §§  5, 9 

fied  copy  of  the  approved  plans  and  specifications  and  the  said  governing  body  shall 
proceed  to  advertise  for  bids  and  let  the  contract  for  construction  in  the  manner  pro- 
vided for  by  the  statutes  for  advertising  and  letting  contracts  for  work  on  public  high- 
ways by  counties. 

Should  the  bids  for  constructing  the  highways  exceed  the  figure  mutually  agreed  upon 
between  the  department  and  the  county  engineer  as  a  reasonable  compensation  for  the 
work  the  bids  shall  be  rejected  and  the  work  be  done  as  the  department  shall  direct.  In 
either  case  the  county  surveyor  shall  represent  the  department  in  the  supervision  of  the 
construction.  Whenever  the  department  deems  it  necessary,  it  may  appoint  an 
inspector. 

Payments.    Two-thirds  cost  paid  "by  county.    Monthly  statement  of  expenditures.  Pay- 
able from  any  available  fund. 

$  5.  Payment  for  the  work  shall  be  made  by  the  local  governing  body  in  the  manner 
provided  by  law  for  the  payments  of  claims  against  the  county  for  work  of  this  class, 
OH  presentation  of  bills  verified  by  the  supervising  engineer  and  approved  by  the 
department.  The  cost  of  construction  shall  include  therein  the  cost  of  the  surveys, 
drafting,  engineering,  inspection  and  other  necessary  expenses  as  well  as  the  cost  of 
the  actual  work  of  construction.  Two-thirds  of  the  cost  of  construction  as  shown  by  the 
bills  approved  by  the  department  shall  be  paid  by  the  county  in  which  the  highway  is 
located  and  one-third  by  the  state.  The  cost  of  maintenance  thereafter  shall  be  equally 
divided  between  the  state  and  the  county,  the  work  to  be  done  as  the  department 
shall  direct  under  the  supervision  of  the  county  engineer.  All  bills  for  maintenance 
shall  be  approved  and  paid  in  the  same  manner  as  the  cost  of  construction. 

On  the  10th  of  each  month  following  the  month  in  which  work  of  any  kind  has  been 
done,  or  expenses  of  any  sort  have  been  incurred  in  connection  with  the  construction 
or  maintenance  of  a  state  aid  highway,  the  treasurer  of  the  county  where  the  highway 
is  situated  shall  present  to  the  department  a  verified  statement  of  the  amounts  paid 
for  work  performed  during  the  previous  month  and  a  demand  for  a  paj^ment  of  the 
amount  due  from  the  state.  Upon  verification  and  approval  of  this  demand  the  state 
treasurer  shall  forward  the  amount  to  the  county  treasurer.  The  amount  to  be  paid 
by  a  county  may  be  paid  out  of  the  proceeds  of  a  bond  issue,  the  general  fund,  the 
general  road  district  fund  or  out  of  the  district  funds  of  the  road  district  in  which 
the  said  highway  is  located. 

The  proportion  of  expense  borne  by  the  state  shall  be  paid  out  of  any  fund  now 
available,  or  which  may  hereafter  be  made  available  for  the  purpose,  or  out  of  special 
appropriations  for  the  purpose  made  by  the  legislature. 

Moneys  shall  be  paid  by  the  state  treasurer  upon  warrants  duly  drawn  by  the  con- 
troller of  the  state,  upon  demands  made  by  the  department  and  audited  by  the  state 
board  of  control. 

Limit  of  cost.    Bonds. 

$  6.  The  board  of  supervisors  of  any  county  may  not,  under  the  provisions  of  this 
act,  petition  for  the  improvement  of  any  highway  the  estimated  cost  of  which  by  the 
county  surveyor  or  engineer  of  said  county  shall  exceed  the  sum  of  fifty  thousand 
dollars,  unless  the  same  shall  have  been  submitted  to  the  electors  of  the  county  and 
approved.  The  board  of  supervisors  is  hereby  authorized  to  issue  bonds  under  the 
laws  of  this  state  for  the  construction  of  such  highways  and  the  approval  of  such  bond 
issue  by  the  electors  shall  authorize  the  board  of  supervisors  to  proceed  with  the 
construction  of  such  highway  under  the  provisions  of  this  act. 


Acts  1019-1920b,  §§  1,  2 


GENERAL.  LAWS. 


1000 


Provisions  of  law  applicable. 

$  7.  All  of  the  provisions  of  law  relating  to  state  highways  and  to  the  department 
shall  apply  so  far  as  they  are  applicable  to  all  work  done  and  to  all  methods  employed 
under  this  act. 

Title  of  act. 

$  8.     This  act  shall  be  known  and  cited  as  the  "State  Aid  Highway  Act." 

PURCHASE  OF  "BIG  OAK  FLAT"  AND  "YOSEMITE  AND  WAWONA"  ROADS. 
ACT  1919 — An  act  to  appropriate  money  to  purchase  certain  roads  within  Yosemite 


grant. 


History:      Approved  March   14,   1889,   Stats.   1889,  p.   142. 
C'on!«titutionaIity — Gift    of   state    prop- 


1 

erty. — The  act  is  constitutional  and  the  ap- 
propriation for  the  purchase  of  the  unex- 
pired lease  of  Yosemite  and  Wawona  road 
does  not  constitute  a  gift. — Yosemite,  etc., 
Co.  V.  Dunn,  83  Cal.   264,  23  Pac.  369. 

2.  Yosemite  grant  not  subject  to  general 
road  laws. — No  portion  of  the  Yosemite 
grant  is  subject  to  the  general  road  laws 
of  the  state,  and  a  turnpike  road  therein, 
constructed  and  operated  under  a  ten-year 
lease,  did  not  betfome,  under  the  provisions 


of  section  2619,  of  the  Political  Code,  a 
free  public  highway. — Yosemite,  etc.,  Co.  v. 
Dunn,  83  Cal.  264,  723  Pac.  369. 

3.  Roads  in  Yosemite  grant  property  of 
state. — Roads  laid  out  under  a  lease  by  coni- 
missioners  under  the  congressional  grant  of 
the  Yosemite  Valley  and  Mariposa  big  tree 
grove  are  the  property  of  the  state,  and 
under  the  control  of  such  commissioners, 
and  not  the  board  of  supervisors. — Yo- 
semite, etc.,  Co.  V.  Dunn,  83  Cal.  264,  23 
Pac.   369. 


t 


LAKE  TAHOE  WAGON  ROAD. 

ACT  1920 — An  act  for  the  general  improvement  of  Lake  Tahoe  wagon  road. 
History:      Approved   March  31,   1911,   Stats.   1911,  p.   529. 


This  act  appropriated  $15,000  for  the  pur- 
pose   indicated. 

Appropriations  T»ere  made  to  improve  and 
complete  the  Lake  Tahoe  wagon  road  by 
the  act  of  March  8,  1907,  Stats.  1907,  p.  140, 
$5000;  April  12,  1909,  Stats.  1909,  p.  853,  $20,- 
000:  March  31,  1911,  Stats.  1911,  p.  529,  $15,- 
000. 


Editor's  note:  The  act  of  March  25,  1895, 
Stats.  1895,  p.  1895,  authorizes  the  state  to 
secure  a  right  of  way  for  the  Lake  Tahoe 
wagon  road  and  provided  for  a  "Lake  Tahoe 
wagon  road  commissioner."  This  act  was 
superseded  by  the  act  of  April  1,  1897,  Stats. 
1897,  p.  388. 


BRIDGE  ON  LAKE  TAHOE  WAGON  ROAD. 
ACT  1920a — An  act  to  provide  for  the  construction  of  permanent  bridge  work  on  the 
Lake  Tahoe  wagon  road,  a  state  highway,  and  making  an  appropriation  therefor. 
History:    Approved  March  22,  1905,  Stats.  1905,  p.  796. 

PLACERVILLE  AND  LAKE  TAHOE  WAGON  ROAD. 

ACT  1920b — An  act  declaring  the  wagon  road  extending  from  the  western  end  of  the 

Lake  Tahoe  state  wagon  road  to  the  eastern  limits  of  the  city  of  Placerville  to  be  a 

state  highway. 

History:    Approved  April  10,  1915.    In  effect  August  8,  1915,  Stats. 
1915,  p.  41. 

Road  from  Lake  Tahoe  to  Placerville  declared  state  highway. 

§  1.  The  wagon  road  extending  from  the  western  end  of  the  Lake  Tahoe  state 
wagon  road  to  the  eastern  limits  of  the  city  of  Placerville  is  hereby  declared  to  be  a 
state  highway  and  placed  under  the  management  and  control  of  the  department  of 
engineering,  and  it  shall  be  the  duty  of  the  said  department  to  locate,  survey,  construct 
and  reconstruct  the  same  with  such  variations  as  will  in  the  opinion  of  the  said  depart- 
ment be  advisable. 

^  2.  The  said  department  is  authorized  and  directed  to  take  such  steps  as  may  be 
necessary  to  acquire  for  the  state  all  rights  of  way,  roads,  culverts,  bridges,  quarries, 
timber  and  tools,  machinery  and  appliances  necessary  to  the  construction  and  improve- 


I 


i 


1001  HIGIIWAI^S.  Acts  1921-1825 

ment  of  the  said  highway;  provided,  however,  that  no  public  corporation  or  political 
subdivision  of  the  state  shall  receive  any  compensation  on  account  of  the  said  road. 

STATE  HIGHWAY  FROM  MEYER'S  STATION  TO  McKINNEY'S. 
ACT  1921 — An  act  to  provide  a  state  highway  from  Meyer's  station  in  El  Dorado 
county,  California,  to  McEinney's  in  Placer  county,   California,  and  making  an 
appropriation  therefor. 

History:      Approved   March   9,   1911,   Stats.   1911,   p.   324. 

This  act  appropriated  $25,000  for  the  pur-  An  additional  appropriation  of  $23,0O0  was 

pose  indicated,  and  placed  the  work  under  made  by  the  act  of  June  7,  1913,  Stats.  1913. 
the  control  of  the  department  of  engineer-  p.  869,  and  by  the  same  act  the  construction 
ins.  '^^3   placed   in  the  department  of  engineer- 

ing. 

ALPINE  STATE  HIGHWAY. 
ACT  1922 — An  act  to  establish  the  Alpine  state  highway;  to  define  its  course;  to  pi><y- 
vide  for  its  supervision,  construction,  repair  and  maintenance,  and  to  make  an 
appropriation  therefor. 

History:      Approved   April   15,   1911,   Stats.   1911,   p.   931. 

The    following    is    the    description    of    the  connecting    with     the    Lake    Tahoe    wagon 

highway  as  given  in  the  act:  road,  a  state  highway,  at  Osgood's  place  in 

That  certain  road  commencing  at  the  El  Dorado  County,  and  the  road  from  Mount 
Calaveras  big  tree  grove,  located  in  Cala-  Bullion  via  Loupe,  in  Alpine  County,  to 
veras  County,  thence  running  to  Dorrington  Junction  in  Mono  County,  connecting  with 
in  said  county;  thence  easterly  following  the  Sonora  and  Mono  state  highway,  is 
what  is  known  as  the  Big  Tree  and  Carson  hereby  declared  and  established  a  state 
Valley  turnpike,  to  Mount  Bullion,  in  Al-  highway  and  shall  be  designated  and  known 
pine  County;  thence  along  county  road  to  as  the  "Alpine  State  Highway." 
Markleeville,  in  Alpine  County;  thence  The  act  appropriated  $35,000  for  the  pur- 
along  that  certain  road  via  Kirkwood,  Sil-  pose  indicated.  The  work  was  placed  un- 
ver  Lake,  Pine  Grove  and  Irishtown  to  der  the  control  of  the  department  of  en- 
Jackson,  in  Amador  County,  including  there-  gineering. 
with  the  road  from  Pickett's  in  Hope  Valley 

STATE  HIGHWAY  FROM  EMIGRANT  GAP  TO  DONNER  LAKE- 
CONSTRUCTION. 
ACT  1923 — An  act  to  make  an  appropriation  for  the  location,  survey  and  construction 
of  a  state  highway  from  Emigrant  Gap,  Placer  county,  in  an  easterly  direction 
through  what  is  known  as  the  Truckee  Pass,  to  the  west  end  of  Donner  Lake  in 
Nevada  county. 

History:      Approved  March   13,   1909,   Stats.  1909,  p.  352. 
This  act  appropriated   ?15,000   for  the  purpose   indicated. 

STATE  HIGHWAY  FROM  EMIGRANT  GAP  TO  DONNER  LAKE- 
MAINTENANCE. 

ACT  1924 — An  act  providing  for  the  maintenance  of  the  state  highway  from  Emigrant 
Gap,  Placer  county,  to  the  west  end  of  Donner  Lake,  Nevada  County. 
History:      Approved   April   21,   1911,   Stats.   1911,  p.   1044. 
Thifl  act  appropriated   $5,000  for  the  purpose   indicated. 

EMIGRANT  GAP  STATE  ROAD— CHANGE  OF  GRADE. 
ACT  1925 — An  act  to  make  an  appropriation  for  changing  the  state  road  known  as 
Emigrant  Gap  so  as  to  eliminate  the  grade  crossing  over  the  railroad  track  near 

Summit  station. 

History:     Approved  June  16,  1913.    In  effect  August  10,  1913.    Stats, 
1913,  p.  1152. 


Acts  19:26-1030  ge:xii:ral  laws.  1002 

Appropriation:  elimination  of  grade  crossing,  Emigrant  Gap  road. 

$  1.  There  is  hereby  appropriated  out  of  any  moneys  in  the  state  treasury  not  other- 
wise appropriated  the  sum  of  four  thousand  dollars  for  making  a  change  in  the  location 
of  the  Emigrant  Gap  state  road  so  as  to  eliminate  the  grade  crossing  of  said  road  over 
the  railroad  track  near  Summit  station;  provided,  that  the  Southern  Pacific  Company 
shall  contribute  not  less  than  thx'ee  thousand  five  hundred  dollars  for  the  same  purpose. 

Controller  directed  to  draw  warrants. 

§  2,  The  state  controller  is  hereby  directed  to  draw  his  warrants  in  such  sums,  and 
at  such  times  as  claims  therefor,  approved  by  the  board  of  control,  may  be  presented 
by  the  department  of  engineering,  and  the  state  treasurer  is  hereby  directed  to  pay 
the  same. 

LASSEN  COUNTY  STATE  HIGHWAY. 
ACT  1926 — An  act  declaring  a  state  highway  from  the  Shasta  county  line  throngh 
Lassen  county  to  the  Modoc  county  line,   and  making  an  appropriation  for  its 
improvement  and  maintenance. 

History:     Approved  April  22,  1911,  Stats.  1911,  p.  1036. 
TUs  act  appropriated  $5,000  for  the  purpose  indicated. 

ALTURAS  TO  CEDARVILLE  COUNTY  ROAD. 
ACT  1927 — An  act  to  aid  the  county  of  Modoc  in  the  construction  of  permanent  work 
on  the  county  road  between  Alturas  and  Cedarville,  and  making  an  appropriation 
therefor. 

History:      Approved   March  22,  1905,   Stats.    1905,  p.  790. 
This  act   appropriated   $7,000   for   the   purpose   indicated. 

STATE  HIGHWAY  FROM  SACRAMENTO  TO  FOLSOM. 

ACT  1928 — An  act  to  provide  for  the  construction  of  a  state  highway  or  wagon  road 

from  Sacramento  city  to  Folsom,  in  Sacramento  county,  and  appropriating  crushed 

rock  and  granite  or  stone  blocks  for  drains  and  culverts  for  same. 

History:      Approved   March  29,  1897,   Stats.   1897,   p.  239. 

This  act  made  no  other  appropriation  than  tempted  to  issue  bonds  to  cover  the  cost  of 

that  of  crushed  rock,   stone,   etc.,  from  Fol-  construction,   but   this   attempt   was  held   to 

som    Prison.      The   purpose    was    to    make    a  be   unauthorized. — See   Devine   v.    Board  Su- 

model    road   for   the   inspection    of   the   next  pervisors,   121   Cal.   671,   54   Pac.   262. 
legislature.     The  county   of  Sacramento   at- 

STATE   HIGHWAY   FROM    MOUNT   PLEASANT   RANCH   TO   DOWNIEVILLE. 
ACT  1929 — An  act  to  make  an  appropriation  for  the  location,  survey  and  construction 

of  state  highway  from  a  point  known  as  the  Mount  Pleasant  ranch  on  the  road 

between  Quincy  and  MarysviUe  thence  in  a  southeasterly  direction  by  Eureka  to 

Downieville,  Sierra  county. 

History:      Approved    March    8,    1907.    Stats.    1907,   p.    138. 

This  act  appropriated   $12,000  for  the   purpose   Indicated. 

DECLARING  PART  OF  SONORA  AND  MONO  WAGON  ROAD,  A  STATE 

HIGHWAY. 

ACT  1930 — An  act  to  declare  a  part  of  the  Sonora  and  Mono  wagon  road,  commencing 
east  of  Sonora,  at  a  point  known  as  Long  Bam,  in  Tuolumne  county  and  running 
thence  across  the  summit  of  the  Sierra  Nevada  mountains  to  Bridgeport,  in  Mono 
county,  a  state  highway. 

History:     Became  a  law  under  constitutional  provision  without  gov- 
ernor's approval  March  12,  1901,  Stats.  1901,  p.  272. 


1003  HIGHWAYS.  Acts  1931-1936 

SONORA  AND  MONO  STATE  HIGHWAY. 
ACT  1931 — An  act  to  appropriate  the  sum  of  twenty  thousand  dollars  for  the  pttrpose 
of  erecting  and  constructing  bridges,  culverts,  and  grading  upon  the  Sonora  and 
Mono  road,  a  state  highway. 

History:     Approved  March   18,   1905,  Stats.   1905,  p.   146. 

TRINITY— HUMBOLDT  STATE  HIGHWAY. 
ACT  1932 — An  act  to  provide  for  locating  and  survejring  a  proposed  highway  from  a 
point  on  ttie  Trinity  river,  in  Trinity  county,  near  the  town  of  North  Fork,  thence 
westerly  down  said  river  about  forty  miles  to  connect  with  an  existing  road  in 
Humboldt  county,  and  making  an  appropriation  therefor. 

History:      Approved   March   26,   1903,   Stats.   1903,   p.  515. 
This  act   appropriated    $1,800   for   the   purpose   indicated. 

FREE  WAGON  ROAD  FROM  MONO  LAKE  BASIN  TO  THE  "TIOGA  ROAD." 
ACT  1933 — An  act  providing  for  the  construction  of  a  free  wagon  road  from  Mono 
Lake  basin  to  the  Tioga  road. 

History:     Approved  February  23,  1899,  Stats.  1899,  p.  26.     A  later 
act  of  March  26,  1903,   Stats.  1903,  p.  523,  made  in  appropriation  of 
$25,600  for  the  completion  of  the  road  provided  for  by  this  act. 
This  act  appropriated   $25,000   for  tlie  purpose   indicated. 

MONO  LAKE  BASIN  STATE  ROAD— EXTENSION. 

ACT  1934 — An  act  extending  the  Mono  Lake  basin  state  road  easterly  to   a  junction 

with  the  county  road  from  Mono  Lake  postoffice  to  Mono  Mills. 

History:     Approved  May  29,  1917.     In  effect  July  28,  1917.     Stats. 
1917,  p.  1326. 

Extension  of  Mono  Lake  basin  state  road. 

§  1.  The  state  department  of  engineering  is  hereby  authorized  and  directed  to 
extend  the  Mono  Lake  basin  state  road  easterly  to  a  junction  with  the  county  road 
from  Mono  Lake  postoffice  to  Mono  Mills,  which  said  extension  is  hereby  declared  and 
established  as  a  portion  of  the  Mono  Lake  basin  state  road. 

TRINITY-TEHAMA-SHASTA-HUMBOLDT  STATE  HIGHWAY. 
ACT  1935 — An  act  to  provide  for  the  survey,  location  and  construction  of  a  state  high- 
way connecting  the  present  county  road  systems  of  any  one  or  all  the  counties  of 
Trinity,  Tehama  and  Shasta  with  the  road  system  of  Humboldt  county,  which  will 
most  conveniently  accommodate  the  citizens  of  said  counties  and  making  an  appro- 
priation therefor. 

History:      Approved   March   8,   1907,   Stats.   1907,   p.   139. 
This    act    appropriated    $50,000    for   the    purpose    indicated. 

TRINITY-TEHAMA-SHASTA-HUMBOLDT  STATE  HIGHWAY- 
COMPLETION. 

ACT  1936 — An  act  for  the  construction  and  completion  of  a  state  highway  connecting 
the  counties  of  Trinity,  Tehama  and  Shasta  with  the  road  system  of  Humboldt 
county. 

History:      Approved   March   23,   1911.   Stats.  1911,  p.  455. 
This  act  appropriated  $50,000  for  the  purpose  indicated. 


Acts  1937-1041,  §  1  GENERAL   LAWS.  1004 

TRINITY-TEHAMA-SHASTA-HUMBOLDT  STATE  HIGHWAY— SURVEY  OF 

EXTENSION. 

ACT  1937 — An  act  making  an  appropriation  for  the  location  and  survey  of  a  proposed 

highway  to  connect  the  counties  of  Trinity,   Tehama  and  Shasta  with  the  road 

system  of  Humboldt  county. 

History:  Approved  June  16,  1913.  In  effect  August  10,  1913.  Stata. 
1913,  p.  1134. 

This  act  appropriated  $3,000  for  the  purpose  Indicated. 

KINGS  RIVER  STATE  HIGHWAY. 
ACT  1939 — An  act  to  provide  for  the  location  and  construction  of  a  pntlic  highway 
from  the  General  Grant  park  in  Fresno  county;  thence  easterly  a  distance  of  about 
fifty  miles  to  the  Kings  river  canyon;  and  making  an  appropriation  for  the  con- 
struction thereof;  and  providing  for  a  commission  to  take  charge  of,  locate  and 
construct  said  highway,  and  to  repeal  an  act  entitled  "An  act  to  appropriate  money 
for  the  survey,  location  and  construction  of  a  free  wagon  road  from  the  town  of 
Mariposa  in  Mariposa  county  to  the  Yosemite  valley,"  approved  March  26,  1895. 

History:  Approved  March  22,  1905,  Stats.  1905,  p.  797.  Later  acts 
of  March  13,  1909,  Stats.  1909,  p.  351,  and  April  21,  1911,  Stats.  1911, 
p.  1044,  made  additional  appropriations  for  the  completion  of  the 
highway. 

Tbis  act  appropriated  $25,000  for  the  purpose   indicated.    The   act  of  1909   appropriated 

a  like  amount,  and  the  act  of  1911,  the  same. 

BAKERSFIELD,   MARICOPA   AND   VENTURA   STATE   HIGHWAY. 
ACT  1940 — An  act  declaring  and  establishing  a  state  highway  from  the  city  of  Bakers- 
field  through  a  portion  of  the  counties  of  Kern,  San  Luis  Obispo,  Santa  Barbara 
and  Ventura  to  the  city  of  San  Buena  Ventura,  designated  and  known  as  the 
Bakersfield,  Maricopa  and  Ventura  state  highway.  ^ 

History:  Approved  June  16,  1913.  In  effect  August  10,  1913.  Stats. 
1913,  p.  1134. 

This    act    after    describing    the    course    of  state     highway,     and     the     same     is     hereby 

the    highway    contained    the    following    pro-  placed    under    the    supervision    and    control 

vision:  of    the    state    board     of    engineering;     pro* 

The    entire   length   from   Ventura   to   Bak-  vided,    that   said   highway   shall   not   be   and 

ersfield  being  one  hundred  twenty-nine  and  become    a    state    highway,    and    be    and    be- 

twenty-five  one-hundrodths  miles,  or  there-  come  subject  to  the  supervision  and  control 

abouts,    is    hereby    declared    to    be,    and    the  of    the    state     board     of     engineering    until 

same    is    hereby    constituted,    a    state    high-  said    highway    shall    have    been    fully    com- 

way,    and    shall    be    designated    and    known  pleted. 
as    the    Bakersfield,    Maricopa    and    Ventura 

WAGON  ROAD  FROM  McKINNEY'S  TO  DONNER  LAKE  DECLARED  A  STATE 

HIGHWAY. 

ACT  1941 — An  act  declaring  the  wagon  road  from  McKinney's  to  the  west  end  of 

Donner  Lake  a  state  highway. 

History:  Approved  May  17,  1915.  In  effect  August  8,  1915.  Stats. 
1915,  p.  441. 

Wagon  road,  McKinney's  to  Donner  Lake,  declared  state  highway. 

$  1.  The  wagon  road  extending  along  the  west  side  of  Lake  Tahoe,  from  McKinney's 
in  El  Dorado  county  to  Tahoe  city,  thence  alono:  the  Tmekee  rivea-  to  Truckee  and 
thence  in  a  westerly  direction  to  the  west  end  of  Donner  Lake  in  Nevada  county,  con- 
necting with  the  present  state  higliway  from  Emigrant  Gap,  is  hereby  declared  to  be  a 
state  highway  and  placed  under  the  management  and  control  of  the  department  of 
engineering,  and  it  shall  be  the  duty  of  the  said  department  to  locate,  survey,  con- 
struct and  reconstrnot  the  same  with  such  variations  as  will  in  the  opinion  of  the  said 
department  be  advisable. 


?* 


J005  HIGHWAYS.  Acts  1941a,  1942, 8 1 

Rights  of  way,  etc.,  to  be  acquired. 

$  2.  The  said  department  is  authorized  and  directed  to  take  such  steps  as  may  be 
necessary  to  acquire  for  the  state  all  rights  of  way,  roads,  culverts,  bridges,  quarries, 
timber  and  tools,  machinery  and  appliances  necessary  to  the  construction  and  improve- 
ment of  the  said  highway;  provided,  however,  that  no  public  corporation  or  political 
subdivision  of  the  state  shall  receive  any  compensation  on  account  of  the  said  road. 

PURCHASE  OF  PORTION  OF  GREAT  SIERRA  WAGON  ROAD,  OR 

"TIOGA  ROAD." 
ACT  1941a — An  act  to  appropriate  money  to  purchase  a  portion  of  the  Great  Sierra 
wagon  road  and  to  provide  for  the  acceptance  and  maintenance  of  said  road  as  a 
state  road. 

History:     Approved  May  17,  1915.    In  effect  August  8,  1915.     Stats. 
1915,  p.  488. 

Appropriation :  Tioga  road. 

$  1.  There  is  hereby  appropriated  out  of  any  money  in  the  state  treasury  not  other- 
wise appropriated  the  sum  of  three  thousand  dollars  for  the  purchase  of  that  portion 
of  the  Great  Sierra  wagon  road,  better  known  as  the  "Tioga  road,"  lying  without 
the  boundary  of  the  Yosemite  national  park,  approximately  seven  miles  in  length; 
provided,  that  the  portion  of  the  said  "Tioga  road"  lying  within  the  Yosemite 
national  park  is  taken  over  by  the  national  government  and  the  maintenance  therefor 
is  provided  for. 

Engineering  department  to  purchase. 

$  2.  The  state  department  of  engineering  through  the  state  engineer  is  hereby 
authorized  and  directed  to  negotiate  and  complete  the  purchase  of  said  portion  of  said 
Great  Sierra  wagon  road,  and  on  behalf  of  the  state  of  California  to  accept  the  deed 
for  the  same  from  the  OAvners  thereof,  and  to  secure  from  the  boards  of  supervisors 
of  Tuolumne  and  Mono  counties  such  orders  as  may  be  necessary  to  vacate  any  orders 
previously  made  by  said  boards  relative  to  any  franchise  or  grant  made  for  said  road. 
Upon  the  acceptance  of  said  deed  the  said  department  of  engineering  shall  improve  and 
maintain  said  road  as  a  state  road  and  any  expense  incurred  after  the  date  of  the 
acceptance  of  said  deed  shall  be  a  proper  charge  against  any  mone}'^  in  the  state  treas- 
ury appropriated  for  the  improvement  and  maintenance  of  state  roads. 

§  3.  The  state  controller  is  hereby  directed  to  draw  his  warrants  on  order  and  as 
directed  by  the  state  engineer  for  the  sum  named,  and  the  state  treasurer  is  directed 
to  pay  the  same,  for  the  purchase  of  the  above  named  road. 

BIG  OAK  FLAT  AND  YOSEMITE  TOLL  ROAD,  A  STATE  HIGHWAY. 

ACT  1942 — An  act  to  take  title  to  and  thereafter  maintain  as  a  state  highway,  the 

toll  road  in  Tuolumne  and  Mariposa  counties,   known  as  the  Big  Oak  Flat  and 

Yosemite  road,  also  a  section  of  Tuolumne  county  road  to  connect  said  toll  road 

with  the  Sonora  lateral  of  the  state  highway. 

History:     Approved  May  19,  1915.    In  effect  August  8,  1915.     Stats. 
1915,  p.  635. 

Big  Oak  Flat  and  Yosemite  road  declared  a  state  highway. 

§  1.  That  all  that  certain  toll  road  in  Tuolumne  and  Mariposa  counties  known  as 
the  Big  Oak  Flat  and  Yosemite  road  beginning  at  a  point  near  the  former  location 
of  Jack  Bell  sawmill  in  Tuolumne  county  and  extending  thence  in  an  easterly  direction 
through  a  portion  of  Mariposa  county  at  Hamilton  station,  thence  again  into  Tuolumne 
county,  past  the  Heardin  ranch,  Crocker  station.  Crane  Flat  and  Gin  Flat  to  the 
boundary  line  of  the  original  Yosemite  Grant  near  Cacscade  creek,  about  thirty-two 


Act  1942a,  §§  1-4  GENERAL  LAWS.  1000 

miles  in  length,  is  hereby  declared  a  state  highway,  and  shall  hereafter  be  maintained 
by  the  state  under  the  supervision  of  the  department  of  engineering. 

Conveyance  of  title. 

§  2.  This  act  shall  not  take  effect  until  the  county  of  Tuolumne  shall  have  deposited 
with  the  state  department  of  engineering  a  good  and  sufficient  conveyance,  conveying 
thereby  title  to  said  road  without  cost  or  charge  to  the  state  of  California;  and  when 
said  conveyance  shall  have  been  so  delivered,  the  state  engineer  shall  then  take  charge 
of  said  road  and  maintain  the  same  out  of  the  moneys  provided  by  law  for  the  main- 
tenance of  state  highways. 

Connecting  road  taken  over. 

$  3.  Also,  the  state  engineer  is  hereby  authorized  to  take  over  from  the  county  of 
Tuolumne  the  section  of  road,  approximately  twenty-seven  miles  in  length,  connecting 
the  western  terminus  of  the  Big  Oak  Flat  and  Yosemite  toll  road  to  the  Sonora  lateral 
of  the  state  highway — ^provided  no  money  consideration  shall  be  given  for  roadbed  or 
rights  of  way — and  declare  the  same  a  state  highway  and  maintain  it  with  the  funds 
available  for  maintaining  state  highways.  Said  connecting  section  of  road  beginning 
at  the  western  terminus  of  said  toll  road  shall  run  westerly  via  the  main  traveled  route 
through  Smith's  ranch,  Groveland,  Big  Oak  Flat  and  over  the  new  Priest  hill  highway 
to  Jacksonville.  From  this  point  the  state  engineer  shall  select  from  the  routes  avail- 
able, the  road  he  deems  the  most  practicable,  direct  and  easily  maintained  to  make 
connection  with  the  state  highway  lateral. 

*'YOLO  AND  LAKE  HIGHWAY." 
ACT  1942a — An  act  to  establish  the  Yolo  and  Lake  highway;  to  define  its  course;  to 
provide  for  its  location  and  survey;  and  to  make  an  appropriation  therefor. 
History:     Approved  May  17,  1915.    In  effect  August  8,  1915.    Stats. 
1915,  p.  478. 

Yolo  and  Lake  highway  established. 

§  1.  A  highway  commencing  at  the  town  of  Rumsey,  in  the  county  of  Yolo,  state 
of  California,  and  following  generally,  the  meanderings  of  Cache  creek,  along  the  most 
practical  and  feasible  route,  to  the  town  of  Lower  Lake,  in  the  county  of  Lake,  state 
of  California,  and  to  be  known  as  "Yolo  and  Lake  Highway,"  be  and  the  same  is 
hereby  declared  and  established. 

Department  of  engineering  to  locate  and  survey. 

§  2.  That  the  said  department  of  engineering  is  hereb}'  authorized  to  locate  the  said 
highway,  and  to  make  the  surveys  and  investigations  necessary  for  such  location, 
together  with  the  estimates  of  cost,  and  make  a  report  thereof  to  the  governor  of  the 
state  of  California;  that  said  department  of  engineering  may  make  such  variations  in 
the  location  of  said  road  as,  in  the  opinion  of  said  department,  may  be  deemed 
advisable. 

Appropriation. 

§  3.  There  is  hereby  appropriated  out  of  any  money  in  the  state  treasury,  not  other- 
wise appropriated,  the  sum  of  three  thousand  (3,000)  dollars,  to  be  expended  under 
the  supervision  of  said  department,  for  the  location  and  survey  of  said  highway,  and 
the  estimates  of  the  cost  thereof.  The  state  controller  is  hereby  directed  to  draw 
his  warrants  in  such  sums  and  at  such  times  as  the  said  engineer  may  present  claims 
therefor,  and  the  state  treasurer  is  directed  to  pay  the  same. 

4  4.  That  the  state  shall  not  be  responsible  for  any  sum  other  than  the  amount 
herein  appropriated. 


1007  HIGHWAYS.  Acts  1943-1943b,  §§  1.  2 

TAHOE  CITY  AND  CRYSTAL  BAY  STATE  HIGHWAY. 
ACT  1943 — An  act  making  an  appropriation  for  the  location,  survey  and  construction 
of  a  state  highway  from  Tahoe  city,  Placer  county,  along  the  northern  boundary  of 
Lake  Tahoe  to  the  western  boundary  of  the  state  of  Nevada  at  Crystal  bay  in  Placer 
county. 

History:     Approved  June  9,  1915.     In  effect  August  8,  1915.     Stats. 
1915,  p.  1328. 

Appropriation:  survey,  highway  from  Tahoe  city  to  Crystal  bay. 

$  1.  For  the  location,  survey  and  construction  of  a  state  highway  from  Tahoe  city, 
Placer  county,  along  the  northern  boundary  of  Lake  Tahoe  to  the  western  boundary  of 
the  state  of  Nevada  at  Crystal  bay,  in  Placer  county,  there  is  hereby  appropriated 
out  of  any  money  in  the  state  treasury,  not  otherwise  appropriated,  the  sum  of  three 
thousand  dollars,  contingent  upon  the  appropriation  by  the  county  of  Placer  of  a 
like  sum  for  the  same  purpose. 

$  2.  The  work  of  locating,  surveying  and  constructing  said  highway  is  hereby  placed 
under  the  management  and  control  of  the  state  department  of  engineering. 

$  3.  The  state  controller  is  hereby  directed  to  draw  his  warrants  in  such  amounts 
and  at  such  times  as  said  engineer  may  present  claims  therefor,  and  the  state  treasurer 
is  directed  to  pay  the  same. 

STATE  HIGHWAY  FROM  KERN  COUNTY  TO  NORDHOFF. 
ACT  1943a — An  act  to  provide  for  the  survey,  location  and  estimate  of  cost  of  a  state 
highway  from  a  point  on  the  present  located  California  state  highway  in  Kern 
county,  California,  south  of  Bakersfield,  southerly  to  the  town  of  Nordhoff,  Ventura 
county. 

History:     Approved  June  12,  1915.    In  effect  August  11,  1915.    Stats. 
1915,  p.  1491. 

Appropriation :  survey  of  highway  to  Nordhoff. 

$  1.  There  is  hereby  appropriated  out  of  any  moneys  in  the  state  treasury  not 
otherwise  appropriated,  the  amount  of  eight  thousand  dollars  for  the  survey  and  loca- 
tion and  preparation  of  estimate  for  a  state  highway,  beginning  at  some  point  on  the 
present  located  state  highway  in  Kern  county,  south  of  Bakersfield,  southerly  to  the 
town  of  Nordhoff,  Ventura  county. 

^  2.  The  work  of  surveying,  locating  and  making  of  an  estimate  is  placed  under 
the  charge  of  the  state  department  of  engineering,  and  it  shall  be  the  duty  of  said 
department  to  make  such  location  and  survey  along  the  route  which  in  their  opinion  is 
deemed  most  advisable. 

HIGHWAY  FROM  SURPRISE  VALLEY  TO  THE  NEVADA  LINE. 
ACT  1943b — An  act  providing  for  an  appropriation  for  the  location,  survey  and  con- 
struction of  a  highway  to  lead  from  Suprise  valley,  in  Modoc  county,  to  the  Nevada 
state  line. 

History:     Approved  June  12,  1915.    In  effect  August  11,  1915.    Stats, 
1915,  p.  1530. 

Appropriation:  highway  across  Middle  lake. 

$  1.  There  is  hereby  appropriated  out  of  any  money  in  the  state  treasury,  not  other- 
wise appropriated,  the  sum  of  twenty  thousand  dollars  for  the  location,  survey  and 
eonstruction  of  a  highway  across  Middle  lake  in  Surprise  valley,  in  Modoc  county, 
California, 

§  2.  The  work  of  locating,  surveying  and  constructing  said  highway  shall  be  under 
the  management  and  control  of  the  state  department  of  engineering,  and  it  shall  be 


Acta  10-I3r,  1043d.  fi  1  GENERAL   LAWS.  1008 

the  duty  of  said  state  department  of  engineering  to  start  the  survey,  location  and  con- 
struction at  a  point  east  of  Cedarville,  in  Modoc  county,  California,  at  the  shore  of 
Middle  lake;  thence  across  the  bed  of  said  lake  a  distance  of  about  two  miles  to  con- 
nect with  a  road  leading  from  Forty-nine  cauyon  into  the  state  of  Nevada. 

^  3.  The  state  controller  is  hereby  instructed  and  directed  to  draw  his  warrants  in 
such  amounts  and  at  such  times  as  the  department  of  engineering  may  present  claims 
therefor,  and  the  state  treasurer  is  directed  to  i>ay  the  same. 

HTfillWAY  FROM  PESCADKRO  TO  CALIFORNIA  REDWOOD  PARK. 

ACT  1943c — An  act  to  provide  for  locating,  surveying  and  maintaining  a  highway  from 

Pescadero  in  the  county  of  San  Mateo  to  the  California  Redwood  Park  in  Santa 

Cru2  county,  and  making  an  appropriation  therefor. 

History:     Approved  June  12,  1H15.    lu  effect  August  11,  1915.    Stats. 
1915.  p.  1529. 

Highway,  Pescadero  to  Redwood  Park. 

^  1.  That  a  liighway  shall  be  constructed  from  Pescadero  in  the  county  of  San 
Mateo  to  the  California  Redwood  Park,  in  the  county  of  Santa  Cruz. 

Responsibility  of  state. 

^  2.  The  responsibility  of  the  state  of  California  in  the  location.  8ur\'ey,  construc- 
tion and  maintenance  of  said  highway  shall  cease  with  the  expenditure  of  the  appro- 
priation herein  contained.  m; 

Work  under  control  of  engineering  department. 

§  3.  The  work  of  locating,  surveying  and  constructing  said  highway,  to  the  extent 
of  the  expenditure  of  the  appropriation  herein  contained  is  hereby  placed  under  the 
management  and  control  of  the  state  dejjartment  of  engineering,  and  it  shall  be  the 
duty  of  said  department,  to  the  extent  of  such  expenditure  to  locate,  survey  and  con- 
struct said  highway  along  the  route  above  described,  with  such  variations  as  will,  in 
the  opinion  of  said  department,  be  deemed  advisable. 

Appropriation. 

^  4,  There  is  hereby  appropriated  out  of  any  money  in  the  state  treasury,  not  other- 
wise api)ropriated,  the  sum  of  ten  thousand  dollars  to  be  expended  under  the  super- 
vision of  said  state  department  of  engineering  for  the  location,  survey  and  construction 
of  said  highway.  Said  appropriation  shall  be  available  as  set  forth  in  section  5  hereof, 
only  in  the  event  that  the  board  of  supervisors  of  the  county  of  San  Mateo  file  with 
the  state  controller  resolutions  pledging  said  county  to  the  completion  and  main- 
tenance of  said  highway. 

^  5.  The  state  controller  is  hereby  directed  to  draw  his  warrnnts  in  such  sums  and 
at  such  times  as  the  state  engineer  may  present  claims  therefor,  and  the  state  treasurer 
is  directed  to  pay  the  same. 

PASADENA  STATE  HIGHWAY.  ^ 

ACT  1943d— An  act  making  an  appropriation  for  the  location  and  survey  of  a  state 
highway,  to  be  known  as  the  Pasadena  state  highway. 

History:      Approved  June  9,  1915.     In  effect  August  8,  1916.     Stats. 
1915,  p.  1379. 

Appropriation:  highway.  La  Caiiada  to  Antelope. 

^  1.  There  is  hereby  appropriated  out  of  any  money  in  the  stnte  treasury  not  other- 
wise appropriated  the  sum  of  seventy-five  hundred  dollars  ($7500)  for  the  location  and 


1009  HIGHWAYS.  Acts  1943e,  1944 

survey  of  a  state  highway  to  connect  the  La  Canada  valley  in  Los  Angeles  county  with 
the  Antelope  valley  in  said  county,  to  be  known  and  designated  as  the  Pasadena  state 
highway. 

§  2.  The  work  of  locating  and  surveying  said  highway  shall  be  under  the  manage- 
ment and  control  of  the  state  department  of  engineering,  and  it  shall  be  the  dut}'  of 
the  said  department  of  engineering  to  start  survey  from  a  point  about  two  miles  north- 
east from  La  Caiiada;  thence  following  north  and  northwesterly  the  Arroyo  Seco  to  a 
point  east  of  Hoyt  ranch;  thence  northeasterly  following  Tujunga  canyon  and  Mill 
creek  to  Tie  canyon;  thence  northwesterly  by  the  way  of  Kennedy  springs  to  Vincent, 
all  in  the  county  of  Los  Angeles,  state  of  California, 

6TATE  HIGHWAY  FROM  SARATOGA  GAP  TO  CALIFORNIA  REDWOOD  PARK. 

ACT  1943e — An  act  to  provide  for  the  survey  and  construction  of  a  state  highway  from 

Saratoga  Gap,  on  the  line  between  the  counties  of  Santa  Clara  and  Santa  Cruz,  to, 

into  and  within  California  Redwood  Park  in  Santa  Cruz  county,  and  making  an 

appropriation  therefor. 

History:     Approved  June  13,  1913.    In  effect  August  10,  1913.    Stats. 
1913,  p.  855. 

Appropriation:  state  highway,  Saratoga  Gap  to  Bloom's  mill. 

5  1.  There  is  hereby  appropriated  out  of  any  money  in  the  state  treasury  not  other- 
wise appropriated,  the  sum  of  seventy  thousand  dollars  for  the  survey  and  construction 
of  a  state  highway  from  a  point  known  as  Saratoga  Gap  on  the  line  between  the 
counties  of  Santa  Clara  and  Santa  Cruz,  extending  thence  by  the  most  practicable  route 
in  a  generally  southwesterly  direction  along  the  ridge  between  the  San  Lorenzo  and 
Pescadero  creeks  to  the  present  boundary  of  the  California  Redwood  Park,  thence 
into  the  California  Redwood  Park  in  Santa  Cruz  county  to  Governor's  Camp,  and 
thence  through  said  park  to  the  boundary  thereof  at  Bloom's  milL 

Right  of  way. 

§  2.  No  portion  of  this  appropriation  shall  be  available  until  a  strip  of  land  or 
right  of  way  not  less  than  two  hundred  feet  in  width  for  said  road,  along  said  route 
from  the  Santa  Clara  county  line  to  the  present  boundary  of  said  California  Redwood 
Park  has  been  deeded  to  or  otherwise  acquired  by  the  state  of  California  to  form  a  part 
of  said  California  Redwood  Park. 

Work  under  department  of  engineering. 

§  3.  The  work  of  locating,  surveying  and  constructing  said  highways  is  hereby 
placed  under  the  management  of  the  state  department  of  engineering,  and  it  shall  be 
the  duty  of  the  said  department  to  locate,  survey  and  construct  said  road  along  the 
route  herein  mentioned,  subject  to  the  approval  of  said  California  Redwood  Park 
commission. 

State  controller  directed  to  draw  warrant. 

$  4.  The  state  controller  is  hereby  directed  to  draw  his  warrant  in  such  sums  and 
at  such  times  as  the  state  engineer  may  present  claims  therefor  and  the  state  treas- 
urer is  hereby  directed  to  pay  the  same. 

STATE  HIGHWAY  FROM  SAN  BERNARDINO  TO  REDLANDS. 

ACT  1944 — An  act  declaring  and  establishing  a  state  highway  from  the  city  of  San 

Bernardino,  by  way  of  Arrowhead  avenue,  Waterman  canyon,  the  "Crest  drive" 

and  MiU  creek  to  the  city  of  Redlands. 

History:      Approved  May  29,  1917.     In  effect  July  28,  1917.     Stats. 
1917,   p.   1314, 
Gen.  Laws — 64 


Acts  101-la.  104  tb,  9  1  GE:NERAL   LAWS.  1010 

State  highway  established. 

§  1.     A  certain  highway  in  San  Bernardino  county,  running  substantially  as  follows : 

Beginning  at  a  point  in  Waterman  canyon  at  the  termination  of  the  pavement  of  the 

San  Bernardino  county  highway  system,  thence  following  the  meanderings  of  the  road 

known  as  the  "Crest  drive"  into  Bear  valley,  ending  at  a  point  directly  opposite  the 

most  easterly  point  of  Bear  lake. 

The  entire  length  thereof  is  hereby  declared  to  be  and  the  same  is  hereby  constituted 
a  state  highway,  and  the  same  is  hereby  placed  under  the  supervision  and  control  of 
the  state  board  of  engineering;  provided,  that  the  said  state  board  of  engineering  is 
empowered  and  authorized  to  change  the  route  of  said  highway  whenever  and  wherever 
it  may  deem  wise. 

TAKING  OVER  ROAD  IN  BOULDER  CREEK  TOWNSHIP,  SANTA  CRUZ 

COUNTY. 

ACT  1944a — An  act  providing  for  the  taking  over  by  the  state  of  California  of  a  cer- 
tain road  in  Boulder  Creek  township,  county  of  Santa  Cniz,  and  for  the  maintenance 
and  improvement  of  the  same  as  a  state  road  under  the  supervision  of  the  state 
department  of  engineering. 

History:     Approved  May  29,  1917.     In  effect  July  28,  1917.     Stats. 
1917,  p.  1325. 

Road  conveyed  to  state. 

$  1.  The  board  of  supervisors  of  the  county  of  Santa  Cruz,  state  of  California,  is 
hereby  authorized  to  transfer  and  convey  unto  the  state  of  California,  that  certain 
road  situate  in  Boulder  Creek  township,  county  of  Santa  Cruz,  state  of  California, 
and  described  as  follows,  to  wit:  Beginning  at  the  intersection  of  Main  and  Lorenzo 
streets  in  the  town  of  Boulder  Creek,  thence  running  in  a  northwesterly  direction 
over  the  present  traveled  road  to  the  Sequoia  schoolhouse;  thence  running  over  the  road 
known  as  the  Boulder  Creek  and  state  park  road  to  the  easterly  boundary  of  the  Cali- 
fornia Redwood  Park;  length  of  road,  nine  and  one-half  miles;  apd  to  execute  on  the 
part  of  said  county  of  Santa  Ciniz,  a  deed  to  the  state  of  California  to  carry  into  effect 
such  transfer  and  conveyance. 

The  state  department  of  engineering,  through  the  state  engineer,  is  hereby  authorized 
and  directed  to  accept  said  deed  and  said  road  on  behalf  of  the  state  of  California. 

Improvement  by  department  of  engineering. 

^  2.  Upon  the  acceptance  of  such  deed,  the  said  department  of  engineering  shall 
improve  and  maintain  said  road  as  a  state  road  and  any  expense  incurred  in  such  work 
after  the  date  of  the  acceptance  of  said  deed,  shall  be  a  proper  charge  against  any 
money  in  the  state  treasury  available  for  the  improvement  and  maintenance  of  state 
roads. 

HIGHWAY  BETWEEN  SUSANVILLE  AND  THE  NEVADA  LINE. 

ACT  1944b — An  act  making  an  appropriation  for  the  survey,  location  and  construction 

of  a  highway  between  Susanville  in  Lassen  county  and  a  point  on  the  line  between 

California  and  Nevada,  approximately  two  miles  east  of  Constantia  in  said  county. 

History:      Approved  June  1,   1917.     In  effect  July  31,  1917.     Stats. 
1917,  p.  1611. 

Appropriation:  highway  in  Lassen  county. 

$  1.  Out  of  any  money  in  the  state  treasury  not  otherwise  appropriated,  there  is 
hereby  appropriated  the  sum  of  sixty  thousand  dollars  for  the  survey,  location  and 
construction  of  a  highway  by  the  most  direct  and  feasible  route,  to  follow  as  nearly  as 
practicable  the  line  of  the  road  as  it  now  exists,  running  in  an  easterly  direction  from 


1011  HIGHWAYS.  Acts  1945-1945b,  §  1 

Susanville  in  Lassen  county  to  a  point  on  the  line  between  California  and  Nevada, 
approximately  two  miles  east  of  Constantia,  in  said  county;  provided,  however,  that 
the  money  hereby  appropriated  shall  not  become  available  until  there  is  also  available 
a  like  sum  provided  by  the  county  of  Lassen  for  the  same  purpose. 

$  2.  The  work  of  locating,  surveying  and  constructing  said  road  is  placed  under  the 
management  and  control  of  the  state  department  of  engineering. 

HIGHWAY  FROM  TRUCKEE  TO  THE  NEVADA  LINE. 
ACT  1945 — An  act  declaring  and  establishing  a  state  highway  from  the  town  of 
Tnickee  running  in  a  northeasterly  direction  along  the  present  traveled  road  to  the 
Nevada  state  line  near  Verdi. 

History:     Approved  April  15,  1919.     In  effect  July  22,  1919.     Stats. 
1919.  p.  102. 
State  highway  to  Nevada. 

$  L  A  certain  highway  in  Nevada  and  Sierra  counties,  running  substantially  as 
follows:  From  a  point  in  the  town  of  Truckee,  where  the  present  state  highway 
branches  at  the  subway  under  the  Southern  Pacific  tracks,  going  toward  Lake  Tahoe, 
continuing  through  the  town  of  Truckee,  crossing  Prosser  creek  and  over  what  is 
known  as  the  "Dog  Valley  grade,"  as  far  as  the  state  line  about  one  mile  northwest 
of  Verdi,  Nevada,  a  distance  of  twenty-two  and  one-half  miles,  more  or  less. 

The  entire  length  thereof,  is  hereby  declared  to  be  and  the  same  is  hereby  constituted 
a  state  highway,  and  the  same  is  hereby  placed  under  the  supervision  and  control  of 
the  state  highway  commission  of  the  state  department  of  engineering;  provided,  that 
the  said  state  department  of  engineering  is  empowered  and  authorized  to  change  the 
route  of  said  highway  whenever  and  wherever  it  may  be  expedient. 

HIGHWAY  FROM  BUTTE  COUNTY  HIGHWAY  TO  WILLOWS. 

ACT  1945a — An  act  declaring  and  establishing  a  state  highway  between  the  present 

state  highway  in  Butte  county  and  the  present  state  highway  in  Glenn  county,  over 

existing  county  roads  passing  through  Butte  city  and  Glenn  post  office  to  Willows. 

History:     Approved  May  27,  1919.     In  effect  July  27,  1919.     Stats. 
1919,  p.  1190. 

State  highway  established. 

$  1.     That  certain  highway  beginning  at  a  point  on  the  present  state  highway  in 

Butte   county  about   three  miles   northerly   of  the   town   of  Biggs,   thence   extending 

westerly  and  crossing  Cherokee  canal  and  Butte  creek  and  extending  through  Butte 

city  and  across  the  Sacramento  river;  thenCe  northerly  to  Glenn  post  office;  thence 

westerly  to  the  town  of  Willows  in  Glenn  county  and  the  entire  length  thereof  is  hereby 

declared  to  be  and  the  same  is  hereby  constituted  a  state  highway  and  said  road  is 

hereby  placed  under  the  supervision  and  control  of  the  state  department  of  engineering; 

provided,  that  the  said  department  of  engineering  is  empowered   and  authorized  to 

improve  the  said  road  and  to  change  the  route  thereof  whenever  and  wherever  it  may 

deem  expedient. 

DECLARING  HIGHWAY  FROJM  LONG  BARN  TO  SONORA  A  STATE  HIGHWAY. 
ACT   1945b — An  act  declaring  the  public  highway  extending   from  Long   Bam  in 
Tuolumne  county  to  the  eastern  boundary  of  the  city  of  Sonora  to  be  a  public  state 
highway. 

History:     Approved  May  27,  1919.     In  effect  July  27,  1919.     Stats. 
1919.  p.  1069. 

Sonora  and  Mono  road  declared  state  highway. 

§  1.  All  that  portion  of  the  public  highway  commencing  at  the  end  of  the  Sonora 
and  Mono  state  highway  at  Long  Barn  in  Tuolumne  county  and  leading  therefrom  to 


Acts  1940,  1050,  g  1  GENER AI.   I,AVtS.  1012 

the  eastern  boundary  of  the  city  of  Sonora  and  known  as  the  Sonera  and  Mono  road, 
is  hereby  declared  to  be  a  state  highway  and  placed  under  the  management  and  control 
of  the  department  of  engineering;  and  it  shall  be  the  duty  of  the  said  department  to 
locate,  survey,  construct  and  reconstruct  the  same,  with  such  variations  as  may,  in 
the  opinion  of  said  department,  be  advisable. 


CHAPTER  145. 

HISTORIC  PROPERTY. 

References:      Erection   of  commemorative  tablets,   or  monuments  at  historic  spots  or 

places.     See,  Kerr's  Cyc.  Political  Code,  §  4052c. 

CONTENTS  OF  CHAPTER. 

ACT  1950.  Acquisition,  Preservation,  etc.,  of  Certain  Historic  Properties. 

1951.  California  Historical  Survey  Commission. 

1952.  Board  of  Trustees  op  the  Pio  Pico  Mansion. 

1953.  Record  of  California  in  Great  War. 

ACQUISITION,  PRESERVATION,  ETC.,  OF  CERTAIN  HISTORIC  PROPERTIES. 

ACT  1950 — An  act  to  provide  for  the  acquisition  of  the  old  mission  at  Sonoma,  of 
Fort  Ross  property,  of  the  landing-place  at  Monterey  of  Junipero  Serra,  and  the  old 
theater  property  at  Monterey,  and  providing  for  the  preservation,  maintenance, 
protection  and  improvement  of  said  properties. 

History:      Approved    February    21,    1905,    Stats.    1905,    p.    17. 

Acquisition  of  Fort  Ross. 

§  1.  The  board  of  Sutter's  Fort  trustees,  created  and  existing  under  an  act  entitled 
"An  act  to  provide  for  the  appointment  of  a  board  of  Sutter's  Fort  trustees,  and  the 
acquisition  of  the  Sutter  Fort  property,  and  providing  for  an  appropriation  for  the 
preservation,  protection  and  improvement  of  said  property,"  approved  March  seventh. 


h^ 


Improvement. 

§  2.  The  said  department  is  authorized  and  directed  to  take  such  steps  as  may  be 
necessary  to  acquire  for  the  state  all  rights  of  way,  roads,  culverts,  bridges,  quarries, 
timber,  tools,  machinery  and  appliances  necessary  for  the  contruction  and  improvement 
of  the  said  highway;  provided,  however,  that  no  public  corporation  or  political  sub- 
division of  the  state  shall  receive  any  compensation  on  account  of  said  road.  ^^1 

REPORT  ON  ROAD  LAWS. 

ACT  1946 — An  act  providing  for  an  investigation  by  the  legislative  counsel  of  laws 

relating  to  roads,  streets,  highways  and  bridges,  and  for  the  submission  of  a  report 

thereon  to  the  governor  for  presentation  to  the  legislature. 

History:     Approved  March  25,  1919.    In  effect  July  22,  1919.     Stats. 
1919,  p.  18. 

Report  on  road  laws  by  legislative  counsel. 

§  1.  The  legislative  counsel  is  hereby  directed  to  investigate  and  study  the  existing 
laws  of  this  and  other  states  relating  to  roads,  streets,  highways  and  bridges,  and  to 
prepare  a  report,  accompanied  by  a  draft  of  an  act  or  acts,  codifying  and  perfecting  the 
laws  of  this  state  relating  thereto.  Such  report  shall  be  printed  by  the  superintendent 
of  state  printing  and  shall  be  submitted  to  the  governor  on  or  before  the  first  day  of 
November  in  the  year  1920,  and  shall  be  presented  by  him  to  the  legislature  at  the 
opening  of  its  forty-fourth  session. 

HILLSBOROUGH. 

See  Act  3094,  note. 


f 


1013  HISTORIC    PROPERTY.  Act  1951, 8§  1-4 

eighteen  hundred  and  nintey-one,  are  hereby  authorized  to  receive  and  accept  from 
William  Randolph  Hearst,  trustee  of  the  Landmarks  Fund,  without  cost  to  the  state, 
the  possession  and  title  to  the  old  mission  at  Sonoma  and  Fort  Ross  iu  the  county  of 
Sonoma. 

Preservation,  maintenance,  protection  and  improvement  of  property. 

$2.  The  said  board  of  Sutter's  Fort  trustees  shall  provide  for  the  preservation, 
maintenance,  protection  and  improvement  of  the  property  hereinbefore  described,  in 
such  way  and  manner  as  in  their  judgment  may  seem  best  and  proper. 

Acquisition  of  landmarks  at  Monterey. 

§  3.  The  board  of  Monterey  customhouse  trustees  created  and  existing  under  an  act 
entitled  "An  act  to  provide  for  the  appointment  of  a  board  of  Monterey  customhouse 
trustees  and  for  the  acquisition  and  control  of  the  Monterey  customhouse  property,  and 
providing  for  an  appropriation  for  the  preservation,  protection  and  improvement  of  said 
property,"  approved  March  sixteenth,  nineteen  hundred  and  one,  are  hereby  author- 
ized to  receive  and  accept  from  William  Randolph  Hearst,  trustee  of  the  Landmarks 
Fund,  without  cost  to  the  state,  possession  and  title  to  the  landing-place  at  Monterey  of 
Junipero  Serra,  in  the  county  of  Monterey,  and  old  theater  property  at  Monterey,  in 
the  county  of  Monterey. 

Preservation,  maintenance,  protection  and  improvement  of  property. 

$  4.  The  said  board  of  Monterey  customhouse  trustees  shall  provide  for  the  preser- 
vation, maintenance,  protection  and  improvement  of  the  property  last  before  described, 
in  such  way  and  manner  as  in  their  judgment  may  seem  best  and  proper. 

$  5.     This  act  shall  take  effect  immediately. 

CALIFORNIA  HISTORICAL  SURVEY  COMMISSION. 

ACT  1951 — An  act  to  create  a  commission  for  the  purpose  of  making  a  survey  of  local 

historical  material  in  the  state  of  California;  defining  the  power  and  duties  of  said 

commission;  and  making  an  appropriation  therefor. 

History:  Approved  June  12,  1915.  In  effect  August  11,  1915.  Stats. 
1915,  p.  1528.  Amended  May  17,  1917.  In  effect  July  27,  1917.  Stats. 
1917,  p.  572. 

Historical  survey  commission. 

§  1.  There  is  hereby  established  a  California  historical  survey  commission  composed 
of  three  members  to  be  chosen  as  hereinafter  provided. 

§  2.  The  members  of  this  commission  shall  be  appointed  by  the  governor  of  the 
state  of  California;  provided,  only  that  one  of  the  members  of  said  commission  shall 
be  nominated  by  board  of  regents  of  the  University  of  California,  and  that  one  of  the 
members  of  said  commission  shall  be  nominated  by  the  board  of  grand  officers  of  the 
Order  of  Native  Sons  of  the  Golden  West;  all  nominations  however  shall  be  subject  to 
approval  by  the  governor. 

Term- 

§  3.  The  commissioners  first  named  shall  be  appointed  for  terms  ending  .July  1, 
1916,  and  their  successors  shall  be  appointed  for  a  term  of  two  years;  the  said  com- 
missioners to  serve  without  salary. 

Purpose  of  commission.    Models  of  mission  buildings.    Notice. 

$4.  The  purpose  of  this  commission  shall  be  to  make  a  survey  of  the  material  on 
local  history  within  the  state  of  California  by  investigating  documents  in  local  deposi- 
tories and  in  the  possession  of  private  individuals  and  other  sources  of  original  infor- 


Act  1952,  §  1 


GENERAL   LAWS. 


1014 


mation  on  the  early  history  of  the  state  of  California  and  to  compile,  keep  and  publish 
a  record  of  such  sources  of  information;  and  to  investigate  and  acquire  infonnation  as 
to  the  physical  characteristics  of  the  several  missions  which  were  maintained  in  the 
state  of  California  under  the  charge  of  the  Franciscan  Fathers  prior  to  the  time  of  the 
secularization  thereof,  and  to  cause  to  be  made  a  record  thereof,  and  to  be  created 
models  of  the  several  mission  buildings  and  outbuildings  connected  therewith,  which 
shall  be  accurate  representations  of  the  mission  buildings  and  outbuildings  con- 
nected with  the  same  as  they  were  at  the  time  when  the  Franciscan  Fathers  were  in 
charge,  and  the  same  shall  be  known  respectively  as  the  California  Model  of  each  par- 
ticular mission  in  question,  and  the  said  commission  shall  cause  to  be  prepared  plans 
and  specifications  sufficient  in  detail  to  enable  any  of  said  buildings  and  outbuildings  to 
be  restored,  and  the  commission  shall  have  authority  to  pass  upon  and  determine  the 
relative  accuracy  of  information  to  be  obtained  and  to  establish  for  the  state  the 
models  and  plans  and  specifications  thereof;  provided,  however,  that  no  model  shall 
thus  be  established  as  the  correct  model  of  any  mission  unless  the  said  commission  shall 
first  have  published  for  a  period  of  at  least  sixty  days  a  notice  to  the  public  fixing  a 
time  and  place  at  which  any  person  interested  in  the  said  respective  mission,  or  having 
information  as  to  the  condition  of  said  mission  buildings,  or  any  part  thereof,  may 
present  to  the  commission  facts,  papers,  documents,  records  or  other  information  sub- 
stantiating the  said  person's  ideas  as  to  the  condition  of  said  mission  buildings  at  the 
time  in  questions,  which  notice  must  be  published  in  one  newspaper  in  the  city  of  San 
Francisco,  one  newspaper  in  the  city  of  Sacramento,  one  newspaper  in  the  city  of  Los 
Angeles,  and  one  newspaper  in  the  county  in  which  said  mission  building  was  situated. 
[Amendment  of  May  17,  1917.    In  effect  July  27,  1917.    Stats.  1917,  p.  572.] 

Powers. 

§  5.  This  commission  shall  have  power  to  oi^anize  the  work  of  the  commission ;  to 
appoint  such  assistants  as  it  shall  deem  necessary,  and  to  fix  their  compensation;  and  to 
spend  such  other  moneys  as  it  may  deem  advisable,  but  no  expenditure  of  money  by  the 
commission  shall  exceed  the  amount  appropriated  by  this  act;  to  make  and  enforce 
rules  governing  this  commission  and  to  do  such  other  things  as  shall  be  necessary  to 
carry  out  the  provisions  and  the  purposes  of  this  act. 

$  6.  This  commission  shall  meet  at  such  times  and  places  within  the  state  of  Cali- 
fornia, as  may  be  expedient  and  necessary  for  the  proper  performance  of  its  duties, 
such  times  and  places  to  be  designated  and  determined  by  this  commission. 

Appropriation. 

§  7.  The  sum  of  ten  thousand  dollars  or  so  much  thereof  as  may  be  necessary,  is 
hereby  appropriated  out  of  any  money  in  the  state  treasury,  not  otherwise  appropriated, 
to  be  expended  in  accordance  with  law  for  the  purposes  of  this  act. 

BOARD  OF  TRUSTEES,  PIG  PICO  MANSION. 

ACT  1952 — An  act  to  provide  for  the  appointment  of  a  board   of  Pio  Pico   mansion 

trustees  and  for  the  acquisition  of  the  Pio  Pico  mansion  property;  and  making  an 

appropriation  for  the  preservation  and  protection  of  said  property. 

History:  Approved  June  1,  1915.  In  effect  August  8,  1915.  Stata. 
1915,  p.  1056.  The  act  of  May  14,  1917,  Stats.  1917,  p.  530,  appropriated 
$900  to  carry  out  the  purposes  of  this  act. 

Pio  Pico  mansion  trustees  created. 

$  1.  There  is  hereby  created  the  board  of  Pio  Pico  mansion  trustees,  which  shall  con- 
sist of  three  members,  at  least  two  of  whom  shall  be  residents  of  Los  Angeles  county. 
Within  thirty  days  after  this  act  shall  go  into  effect  the  governor  shall  appoint  one 
member  of  said  board  for  the  term  of  two  years  and  two  members  for  the  term  of  four 


1015  HISTORIC    PROPERTY.  Act  1952,  §§  2,  3 

3  cars.  Thereafter  each  member  shall  be  appointed  by  the  governor  and  shall  hold  office 
for  four  years  and  until  his  successor  is  appointed  and  qualified.  Vacancies  shall  be 
filled  by  appointment  in  the  same  manner  for  an  unexpired  term. 

President  and  secretary.    Compensation. 

$  2.  Immediately  upon  their  appointment  said  board  of  Pio  Pico  mansion  trustees 
shall  organize  by  electing  a  president,  a  secretary,  and  a  treasurer  from  their  number. 
When  empowered  by  the  said  board,  the  said  president  and  secretary  may  do  and  per- 
form all  things  pertaining  to  the  duties  of  the  board.  No  member  of  the  board  shall 
receive  any  compensation  for  his  services,  but  shall  be  reimbursed  his  actual  necessary 
expenses  incurred  when  traveling  on  the  business  of  the  board. 

Authorized  to  receive  mansion. 

$  3.  The  said  board  of  Pio  Pico  mansion  trustees  are  hereby  authorized  to  receive 
and  accept  from  the  city  of  Whittier  without  cost  to  the  state,  the  possession  of  and 
the  title  to  that  certain  property  known  as  Pio  Pico  mansion  and  grounds,  and  which  is 
particularly  described  as — 

All  that  certain  real  property  situate  in  the  county  of  Los  Angeles,  state  of  California, 
described  as  follows : 

Beginning  at  a  point  marked  by  a  2x2  pine  stake  which  is  N.  61**  13'  W.  eighteen 
feet  from  a  point  which  is  S.  39°  W.  184.50  feet  from  the  most  easterly  corner  of  the 
lot  conveyed  to  the  city  of  Whittier  by  deed  recorded  in  book  1300,  page  77  of  deeds  of 
Los  Angeles  county  records;  thence  N.  61°  13'  W.  97  feet  to  a  li4-inch  pipe;  thence 
S.  39°  47'  W.  165  feet  to  a  2  x  2  pine  stake;  thence  S.  61°  13'  E.  97  feet  to  a  2  x  2  pine 
stake;  thence  S.  61°  13'  E.  97  feet  to  a  2  x  2  pine  stake;  thence  N.  39°  47'  E.  165  feet  to 
the  place  of  beginning,  the  same  lying  and  being  in  lot  24  Raneho  Ranchito  or  Paso  de 
Bartolo  in  the  county  of  Los  Angeles,  state  of  California,  and  being  that  proportion  of 
lot  24  as  shown  on  Map  A,  attached  to  a  decree  in  partition  of  a  portion  of  said  raneho 
in  case  No.  21613,  superior  court  records  of  the  county  of  Los  Angeles,  state  of  Cali- 
fornia, recorded  in  book  999,  page  81  et  seq.,  of  deeds; 

Together  with  all  and  singular  tenements,  hereditaments,  and  appurtenances  thereunto 
belonging  or  in  anywise  appertaining,  and  the  reversion  and  reversions,  remainder  and 
remainders,  rents,  issues  and  profits  thereof; 

Conditions  of  transfer. 

To  have  and  to  hold,  all  and  singular,  the  said  premises,  together  with  the  appurte- 
nances for  and  during  so  long  a  period  of  time  as  said  mentioned  and  herein  described 
property  shall  be  used  for  the  purposes  of  a  museum,  and  so  long  as  they  shall  keep  in 
good  order,  condition  and  repair  such  building  or  buildings  as  are  now  on  said  property 
wherein  shall  be  deposited  and  kept,  collected,  preserved  and  cared  for  such  records, 
books,  manuscripts,  charts,  maps,  and  other  materials  as  may  be  deemed  worthy  of  a 
place  in  the  archives  of  the  said  state  of  California  kept  and  maintained  on  the  property 
herein  conveyed  and  for  no  other  purpose  whatever. 

Right  of  way  reserved. 

It  is  understood  and  agreed  that  the  said  city  of  WTiittier  shall  have  the  use  of  the 
eighteen-foot  right  of  way  along  the  east  line  of  the  city  land  described  in  said  deed 
and  recorded  in  book  1300,  page  77,  Los  Angeles  county  deed  records,  being  an  eighteen- 
foot  roadway  and  extending  from  the  county  road  to  the  premises  described  above,  and 
the  same  being  a  private  roadway  for  the  use  of  the  property  by  the  city  of  Whittier; 

Also,  there  is  reserved  to  the  city  of  Whittier  the  water  rights  thereunder,  and  the 
right  of  way  thereon. 


Acts  1953-1054a  GENERAL   LAWS.  1018 

Appropriation. 

§  4.  Out  of  any  moneys  in  the  state  treasury  not  otherwise  appropriated  there  is 
hei-eby  appropriated  the  sum  of  four  hundred  dollars,  to  be  expended  during  the  sixty- 
seventh  and  sixty-eighth  fiscal  years  in  accordance  with  law  for  the  purpose  of  carrying 
out  the  provisions  of  section  three  of  this  act. 

RECORD  OF  CALIFORNIA  IN  GREAT  WAR. 
ACT  1953 — An  act  directing  the  California  historical  survey  commission  to  prepare  a 
record  of  California's  part  in  the  war  between  the  United  States  and  the  central 
European  powers  and  to  compile  biographical  sketches  of  California's  citizens  who 
served  in  the  army,  navy  or  marine  corps  of  the  United  States  during  said  war,  and 
making  an  appropriation  to  carry  out  the  purposes  hereof. 

History:  Approved  May  23,  1919.  In  effect  July  23,  1919.  Stats. 
1919,  p.  830. 

History  of  California's  service  in  great  war. 

$  1.  It  shall  be  the  duty  of  the  California  historical  survey  commission  to  prepare 
and  compile  for  publication  a  record  of  California's  part  in  the  great  war  between  the 
United  States  and  the  central  European  powers.  It  shall  be  the  further  duty  of  the 
said  commission  to  prepare  and  compile  for  publication  a  book  or  books  in  which  shall 
appear  a  brief  biography,  together  with  a  picture  or  likeness  if  obtainable,  of  each  citi- 
zen of  the  state  of  California  who  served  in  either  the  army,  navy  or  marine  corps  of 
the  United  States  of  America  at  any  time  during  said  war. 

Appropriation. 

§  2.  Out  of  any  money  in  the  state  treasury  not  otherwise  appropriated,  there  is 
hereby  appropriated  the  sum  of  five  thousand  dollars  to  be  expended  by  the  California 
historical  survey  commission  in  carrying  out  the  duties  imposed  upon  it  by  this  act. 

CHAPTER  146. 

HOGS. 

References:    See,  generally,  tits.  "Animals";  "Estrays";  "Livestock";  and  "Trespassing 
Animals." 
Hogs  running  at  large  in  particular  counties,  see  particular  title. 

HOGS  RUNNING  AT  LARGE  IN  CERTAIN  COUNTIES. 
ACT  1954 — An  act  to  prevent  hogs  from  running  at  large  in  the  towns  of  Susanville, 
Lassen  county,  Sutter  Creek  township  number  two,  Amador   county,    and   Oroville, 

Butte  county. 

History:     Approved  March  23,  1872,  Stats.  1871-72,  p.  510. 

Editor's  note. —  The  code  commissioner  intimates  that  this  act  is  affected  by  the  provi- 
sions of  the  general  estray  law  of  1897;  but  see  editor's  note  to  chapter  on  "Estrays." 

ACT  1954a — An  act  to  prevent  hogs  and  goats  running  at  large  on  certain  lands  in  this 

state. 

History:  Approved  March  31,  1876,  Stats.  1875-76,  p.  644.  Amended 
February  15,  1878,  Stats.  1877-78,  p.  85.  The  prior  act  of  March  30, 
1874,  Stats.  1873-74,  p.  904,  was  superseded  by  the  present  act. 

This  act  declared  It  unlawful  to  allow  any  act  was  expressly  made  applicable  to  El  Do- 
hogs  or  goats  to  run  at  large  on  the  lands  rado,  Placer,  and  San  Joaquin  counties, 
included  in  any  townsite  which  has  received  Editor's  note:  The  code  commissioner  in- 
or  may  thereafter  receive  patents  under  the  timates  that  the  act  was  affected  by  the 
act  of  congress  granting  townsites  to  unin-  provision.s  of  the  general  estray  law  of  1897; 
corporated  towns  on  the  public  lands.  The  but  see  editor's  notb  to  chapter  on  "Es- 
trays." 


i 


1011  BOI.IDAYS.  Acta  1»55-1957, 88 1. :: 

CHAPTER  147. 

HOLIDAYS. 

References:    Holidays  In  general,  see  Kerr's  Cyc.  Political  Code,  §§  10,  et  seq.;   Kerr's 
Cyc.  Code  Civil  Procedure,  §§10-13,  76,  134-135;   Kerr's  Cyc.  Civil  Code,  §§7,  et  seq. 

CONTENTS  OF  CHAPTER. 

ACT  1955.     Holidays  Declared  by  Municipalities. 

1956.  Lincoln's  Birthday  Declared  a  Legal  Holiday. 

1957.  Lincoln's  100th  Birthday  Declared  a  Legal  Holiday. 

HOLIDAYS  DECLARED  BY  MUNICIPALITIES. 
ACT  1955 — An  act  authorizing  boards  of  supervisors   or   other  governing   bodies   of 
municipalities  to  declare  holidays. 

History:     Approved  March  23,   1901,  Stats.  1901,  p.  658. 

§  1.  The  board  of  supervisors  or  other  governing  body  of  any  county,  town,  city,  or 
city  and  county,  may  declare  the  day  on  which  a  primary  or  other  election  is  held  in 
such  municipality  to  be  a  holiday  therein. 

LINCOLN'S  BIRTHDAY  DECLARED  A  LEGAL  HOLIDAY. 
ACT  1956 — An  act  declaring  February  12,  the  birthday  of  Abraham  Lincoln,  a  legal 

holiday  and  providing  for  a  half -day  session  in  the  public  schools  on  such  holiday, 

and  for  certain  exercises  in  the  public  schools. 

History:     Approved  April  13,  1909,  Stats.  1909,  p.   861. 
Lincoln  day. 

$  1.  February  12th,  the  birthday  of  Abraham  Lincoln,  is  hereby  declared  a  legal  holi- 
day, provided,  however,  that  all  the  public  schools  throughout  the  state  shall  hold  ses- 
sions in  the  forenoon  of  that  day  in  order  to  allow  the  customary  exercises  in  memory 
of  Lincoln;  and  provided,  further,  that  when  February  12th  falls  on  Sunday,  then  Mon- 
day following  shall  be  a  legal  holiday  and  shall  be  so  observed ;  and  provided  still  fur- 
ther, that  when  February  12th  falls  on  Saturday  such  exercises  in  the  public  schools 
shall  take  place  on  the  Friday  afternoon  preceding. 

LINCOLN'S  lOOTH  BIRTHDAY  DECLARED  A  LEGAL  HOLIDAY. 
ACT  1957 — An  act  declaring  Friday,  February  twelfth,  1909,  the  100  birthday  of  Abra- 
ham Lincoln,  a  legal  holiday  and  providing  for  a  half -day   session   of   the    public 
schools  for  that  day. 

History:     Approved  January  20,  1909,  Stats.  1909,  p.  2. 

$  1.  Friday,  February  twelfth,  1909,  the  100th  anniversary  of  the  birth  of  Abraham 
Lincoln,  is  hereby  declared  a  legal  holiday,  provided,  however,  that  all  public  schools 
throughout  the  state  shall  hold  sessions  in  the  forenoon  of  that  day  in  order  to  allow 
the  customary  exercises  in  memory  of  the  martyred  president. 

J  2.     This  act  shall  take  effect  immediately. 

HOLLISTER. 

See  Act  3094,  note. 

HOLTVILLE. 

See  Act  3094,  note. 


Act  1974,  §§  1-3  GKNERAL  LAWS.  (018 

CHAPTER  148. 

HOMESTEADS. 

References:    Homesteads,  see  Kerr's  Cyc.  Civil  Code,  §§  1237,  et  seq. 
Homestead  Corporations,  see  Kerr's  Cyc.  Civil  Code,  §§  557,  et  seq. 
Homesteads,  probate,  see  Kerr's  Cyc.  Code  Civil  Procedure,  §§  1443,  1474,  et  seq. 

CONTENTS  OF  CHAPTER. 
ACT  1974.     Formation  and  Extension  of  Homestead  Corporations. 

FORMATION  AND  EXTENSION  OF  HOMESTEAD  CORPORATIONS, 
ACT  1974 — An  act  supplementary  to  an  act  entitled  an  act  to  authorize  the  formation 
of  corporations  to  provide  the  memhers  thereof  with  homesteads,  or  lots  of  lands  suit- 
able for  homesteads,  approved  May  twentieth,  eighteen  hundred  and  sixty-one. 

History:  Approved  March  23,  1874,  Stats.  1873-74,  p.  525.  The  act 
to  which  this  was  supplementary  was  approved  May  20,  1861,  Stats. 
1861,  p.  567;  was  amended  March  30,  1868,  Stats.  1867-68,  p.  539; 
March  29,  1870,  Stats.  1869-70,  p.  474;  was  supplemented  April  4, 
1864,  Stats.  1863-64,  p.  492;  the  supplementary  act  amended  March  30, 
1868,  Stats.  1867-68,  p.  539;  and  was  superseded  by  the  code.  See 
Kerr's  Cyc.  Civil  Code,  §§  557,  et  seq. 

Extension  of  time  for  homestead  corporations. 

§  1.  Any  corporation  formed  under  the  act  to  which  this  act  is  supplemental,  whose 
period  of  existence  is  not  stated  in  its  articles  of  incorporation  to  be  ten  years,  may 
continue  its  corporate  existence  for  ten  j'^ears  from  the  date  of  filing  its  articles  of 
incoi-poration,  upon  complying  with  the  provisions  of  this  act. 

How  existence  continued. 

§  2.  Any  such  corporation  existing  on  the  first  day  of  January,  eighteen  hundred 
and  seventy-four,  may  at  any  time  before  its  period  of  existence,  as  stated  in  its  articles 
of  incorporation,  shall  expire,  continue  its  existence^  as  stated  in  section  one  of  this 
act,  by  a  majority  vote  of  its  board  of  trustees  at  any  meeting  of  such  board,  or  by  a 
vote  of  a  majority  of  the  stockholders,  as  the  board  of  trustees  may  elect.  A  certificate 
of  the  action  of  the  directors,  signed  by  them  and  their  secretary,  when  the  election  is 
made  by  their  vote,  or  upon  the  written  consent  of  the  stockholders  or  members,  or  a 
certificate  of  the  proceedings  of  the  meeting  of  the  stockholders  or  members,  when  such 
election  is  made  at  any  such  meeting,  signed  by  the  chairman  and  secretary  of  the  meet- 
ing and  a  majority  of  the  directors,  must  be  filed  in  the  office  of  the  clerk  of  the  county 
where  the  original  articles  of  corporation  are  filed,  and  a  certified  copy  thereof  must  be 
filed  in  the  office  of  the  secretary  of  state ;  and  thereafter  the  corporation  shall  continue 
its  existence  under  the  provisions  of  this  act,  and  shall  possess  all  the  rights  and  powers, 
and  be  subject  to  all  the  obligations,  restrictions,  and  limitations  prescribed  by  the  act 
of  which  this  is  supplementary. 

$  3.    This  act  shall  take  effect  from  and  after  its  passage. 

HOMING  PIGEONS. 
See  Kerr's  Cyc.  Penal  Code,  $  598a. 

HONEY. 
See  tits,  "Adulteration";  "Apiaries," 


^i 


¥ 


I 


1019  HOPS.  Acts  1991-2002,  g  1 

CHAPTER  149. 
HOPS. 

CONTENTS  OF  CHAPTER. 
ACT  1991.     Fixing  Take  on  Baled  Hops. 

FIXING  TARE  ON  BALED  HOPS. 
ACT  1991 — An  act  fixing  rate  of  tare  on  taled  hops. 

History:     Approved  March  31.  1891,  Stats.  1891,  p.  452. 

$  1.  There  shall  be  allowed  on  baled  hops  a  tare  at  the  rate  of  two  per  centum  of 
the  weight  of  the  bale  for  the  cloth  and  other  material  used  in  baling;  that  is,  the  tare 
shall  be  at  the  rate  of  two  pounds  per  hundred  on  the  weight  of  the  bale. 

$  2.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

CHAPTER  150. 

HOETICULTURE. 
References:    County  boards  of  horticulture,  see  Kerr's  Cyc.  Political  Code,  §§  2322,  et  seq. 
State  board  of  horticultural  examiners,  see  Kerr's  Cyc.  Political  Code,  §  2322. 
State  commission  of  horticulture,  see  Kerr's  Cyc.  Political  Code,  §§  2319,  et  seq. 
See,  generally,  tits.  "Agriculture";   "Forestry";   "Fruit";  "Viticulture." 

CONTENTS  OF  CHAPTER. 

ACT  2001.  Horticultural  Nomenclature. 

2002.  Pear  and  Walnut  Blight  Investigation. 

2009.  Horticultural  Act  of  1912. 

2010.  Fraudulent  Sale  op  Fruit  Trees. 

2011.  Destructive  Diseases  of  Cultivated  Plants. 

2012.  Sale  and  Shipment  of  Frosted  Citrus  Fruits. 

2013.  Date  Palm  Distribution  and  Quarantine. 

HORTICULTURAL  NOMENCLATURE. 
ACT  2001 — An  act  to  provide  for  the  proper  naming  of  trees,  seeds,  plants,  and  vines, 
sold,  offered,  or  exposed  for  sale  in  this  state  and  providing  a  penalty  for  the  viola- 
tion of  this  act. 

History:     Approved  March  3,   1905,  Stats.  1905,  p.  44. 

Penalty  for  false  naming. 

^  1.  All  trees,  seeds,  plants  and  vines,  sold,  offered  or  exposed  for  sale  in  the  state  of 
California  shall  be  properly  named  as  to  variety  and  kind,  and  any  person  knowingly 
selling,  trading,  or  exchanging,  or  offering  or  exposing  for  sale  any  trees,  seeds,  plants 
or  vines  falsely  named  as  to  variety  and  kind  shall  be  guilty  of  a  misdemeanor,  and  shall 
be  liable  to  a  fine  of  not  less  than  ten  dollars,  nor  more  than  three  hundred  dollars. 

PEAR  AND  WALNUT  BLIGHT  INVESTIGATION. 
ACT  2002 — An  act  to  provide  for  an  investigation  of  the  nature  of  the  diseases  known 
as  pear  blight  and  walnut  blight  and  to  prevent,  eradicate,  and  procure  a  cure  for  the 
same  and  to  cause  to  be  prosecuted  experimental  and  research  work  in  the  field  of 
viticulture,  directing  publication  of  the  results  of  such  experiments  and  investigations, 
making  an  appropriation  therefor  and  prescribing  the  duties  of  the  controller  and 
treasurer  in  relation  thereto. 

History:     Approved  March  18,  1905,  Stats.  1905,  p.  124. 

Viticulture;  experimental  and  research  work  in  the  field.    Pear  blight,  prevention  and 

suppression  of.    Walnut  blight,  remedy  for. 

$  1.  The  regents  and  the  president  of  the  University  of  California  are  hereby 
directed  to  cause  to  be  prosecuted  with  all  possible  diligence^  in  connection  with  and  in 


Act  2009  GENERAL  LAWS.  1020 

addition  to  the  work  heretofore  carried  on  by  the  agricultural  experiment  station, 
experimental  and  research  work  in  the  field  of  viticulture,  including  both  cultural  and 
industrial  processes.  They  are  directed  to  ascertain  the  adaptation  of  the  various  kinds 
of  vines  to  the  several  climatic  and  soil  conditions  of  the  state,  with  the  special  refer- 
ence to  those  stocks  for  propagating  purposes,  resistant  to  the  phylloxera,  and  to  further 
their  adaptability  and  utility  as  grafting  stocks  for  producing  wine,  raisin  and  table 
grapes.  They  are  directed  to  ascertain  the  best  methods  of  grafting  and  propagating 
said  stocks  and  vines  together  with  the  most  important  methods  of  vinification  and  prep- 
aration, manufacture  and  application  of  yeasts  in  vinification  and  distillation.  They 
are  further  directed  to  report  upon  the  utilization  of  the  by-products  of  the  vineyard 
and  winery,  the  study  and  treatment  of  the  vine  diseases,  and  all  matters  appertaining 
to  the  viticultural  industry  pertinent  to  the  successful  conduct  of  the  business  and  that 
may  be  of  general  public  interest,  use  and  profit.  They  are  further  directed  to  publish 
the  result  of  said  experiments  and  investigations  in  form  of  bulletins  from  time  to  time, 
as  may  seem  advisable  and  not  less  than  two  bulletins  showing  the  progress  and  result 
of  the  work,  shall  be  issued  in  any  fiscal  year. 

And  they  are  further  directed  to  inaugurate  an  investigation  of  the  cause,  nature,  and 
means  of  suppression  or  prevention,  of  the  so-called  pear  blight,  a  destructive,  infec- 
tious disease  of  pear  and  apple  trees.  For  such  investigation  said  director  shall  obtain 
and  establish  such  assistants,  equipment,  materials,  appliances,  apparatus  and  other 
incidentals  as  may  be  necessary  to  the  successful  prosecution  of  the  work,  within  the 
appropriation  specified. 

And  they  are  further  directed  to  secure  a  remedy  for  the  so-called  walnut  blight.  The 
said  regents  are  hereby  authorized  to  employ  an  expert  and  if  necessary,  to  send  him 
abroad  to  ascertain  the  cause  of  this  blight  and  in  an  endeavor  to  secure  a  remedy 
therefor. 

Appropriation. 

§  2.  There  is  hereby  appropriated  for  the  use  of  said  experiment  station,  for  the 
purposes  set  forth  in  this  act,  the  sum  of  twenty  thousand  dollars  ($20,000). 

Expenditure,  under  whose  direction. 

^  3.  All  money  appropriated  under  this  act  shall  be  paid  to  the  regents  of  the  Uni- 
versity of  California,  and  expended  under  the  direction  of  the  director  of  the  agricul- 
tural experiment  station  of  said  university  for  the  specific  purposes  herein  named. 

HORTICULTURAL  ACT  OF  1912. 
ACT  2009 — An  act  to  provide  for  the  protection  of  horticulture  and  to  prevent  the 
introduction  into  this  state  of  insects  or  diseases,  or  animals,  injurious  to  fruit  or 
fruit  trees,  vines,  hushes  or  vegetables,  providing  for  a  quarantine  for  the  enforce- 
ment of  this  act,  making  a  violation  of  the  terms  of  the  act  a  misdemeanor,  and  pro- 
viding the  penalty  therefor ;  providing  that  said  act  shall  he  an  urgency  measure  and 
go  into  effect  immediately,  and  repealing  that  certain  act  entitled  "An  act  for  the 
protection  of  horticulture  and  to  prevent  the  introduction  into  this  state  of  insects,  or 
diseases,  or  animals,  injurious  to  fruit  or  fruit  trees,  vines,  bushes  or  vegetables,  and 
to  provide  for  a  quarantine  for  the  enforcement  of  this  act,"  approved  March  11, 

1899. 

History:  Approved  January  2,  1912,  Stats.  1912,  p.  433  (second 
ex.  sess.).  Prior  act  of  April  9,  1880,  Stats.  1880,  p.  36,  was  superseded 
by.  act  of  March  14,  1881,  Stats.  1881,  p.  88,  was  repealed  by,  the 
act  of  March  31,  1897,  Stats.  1897,  p.  244,  which,  with  its  various 
amendments  of  1905  (Stats.  1905,  p.  297)  and  1907  (Stats.  1907, 
p.  112)  was  superseded  by  the  code,  see  Kerr's  Cyc.  Political  Code, 
§§  2322-2322e.  Prior  act  of  March  9,  1885,  Stats.  1885,  p.  40,  was  super- 
seded by  the  act  of  March  11,  1899,  Stats.  1899,  p.  91,  which  was 
amended  February  19,  1903,  Stats.  1903,  p.  32,  and  repealed  by  the 
present  act. 


1021  HOKTICULTLRE.  Act  2002,  99  1>  > 

Inspection  of  articles  brought  into  state.  Notice  of  arrival  required.  Authority  of 
inspector.  Disinfection.  Nothing  to  be  removed  prior  to  infection. 
§  1.  Any  person,  persons,  firm  or  corporation  who  shall  receive,  bring  or  cause  to  be 
brought  into  the  state  of  California,  any  nursery  stock,  trees,  shrubs,  plants,  vines,  cut- 
tings, grafts,  scions,  buds  or  fruit  pits,  or  fruit  or  vegetables,  or  seed,  shall  immediately 
after  the  arrival  thereof  notify  the  state  commissioner  of  horticulture,  or  deputy  quar- 
antine oflScer,  or  quarantine  guardian  of  the  district  or  county  in  which  such  nursery 
stock,  or  fruit  or  vegetables  or  seed  are  received,  of  their  arrival,  and  hold  the  same 
without  unnecessarily  moving  the  same,  or  placing  such  articles  where  they  may  ba 
harmful,  for  the  immediate  inspection  of  such  state  commissioner  of  horticulture,  or 
deputy  quarantine  oflScer  or  guardian.  If  there  is  no  quarantine  guardian  or  state  horti- 
cultural quarantine  officer  in  the  county  where  such  nursery  stock  or  fruit  or  vegetable, 
or  seed  is  received,  it  shall  then  be  the  duty  of  such  person,  persons,  firm  or  corporation 
to  notify  the  state  commissioner  of  horticulture,  who  shall  make  immediate  arrange- 
ments for  their  inspection.  The  state  commissioner  of  horticulture,  deputy  quarantine 
officer,  quarantine  guardian  or  such  person  or  persons  as  shall  be  commissioned  by  the 
state  commissioner  of  horticulture  to  make  such  inspection,  or  to  represent  said  com- 
missioner, is  hereb}'  authorized  and  empowered  to  enter  at  any  time  into  any  car,  ware- 
house, depot  or  upon  any  ship  within  the  boundaries  of  the  state  of  California  whether 
in  the  stream  or  at  the  dock,  wharf,  dock,  mole,  or  any  other  place  where  such  nursery 
stock  or  fruit  or  vegetables  or  seed  or  other  described  articles  are  received  or  in  which 
such  nursery  stock  or  fruit  or  vegetables  or  seed  is  imported  into  the  state,  for  the  pur- 
pose of  making  the  investigation  or  examination  to  ascertain  whether  such  nursery 
stock,  trees,  shrubs,  plants,  vines,  cuttings,  grafts,  scions,  buds,  fruit  pits,  fruit,  vege- 
tables or  seed  is  infested  with  any  species  of  injurious  insects,  or  their  eggs,  larvae  or 
pupae  or  other  animal  or  plant  disease. 

If  after  such  examination  or  inspection,  any  of  the  said  described  articles  are  found 
to  be  so  infested  or  infected  as  aforesaid,  then  it  shall  be  the  duty  of  the  owner,  owners, 
or  persons,  firm  or  corporation  having  charge  or  possession  thereof  to  so  disinfect  at 
his  or  their  expense  such  portion  or  portions  of  the  ship,  dock,  wharf,  mole,  car,  ware- 
house or  depot  where  said  articles  may  have  been  located  in  such  a  manner  as  to  destroy 
all  infection  or  infestation  present  or  that  is  liable  to  be  present,  and  all  articles  or 
packages  or  soils  apt  to  be  so  infested  or  infected  shall  be  held  until  the  said  articles  or 
packages  or  soils  have  been  thoroughly  disinfected  and  all  injurious  insects,  or  their 
eggs,  larvae  or  pupae  or  other  animal  or  plant  disease  have  been  eradicated  and  de- 
stroyed; provided,  however,  that  all  articles  of  nursery  stock,  trees,  shrubs,  plants, 
vines,  cuttings,  grafts,  scions,  buds,  fruit  pits,  fruits,  vegetables  or  seed  which  are 
infested  or  infected  with  such  species  of  injurious  insects  or  their  eggs,  larvae  or  pupae 
or  other  animal  or  plant  disease  which  may  be  or  be  liable  to  be  injurious  to  the 
orchards,  vineyards,  gardens  or  farms  within  said  state,  shall  be  destroyed  or  reshipped 
out  of  the  state  as  hereinafter  provided.  The  said  officer  so  making  such  inspection 
shall  not  permit  any  of  the  described  articles  so  coming  in  contact  with  said  infested  or 
infected  articles  or  any  articles  which  might  convey  infection  or  infestation  to  be 
ie:.iOved  or  taken  from  any  such  car,  warehouse,  depot,  ship,  dock,  wharf  or  any  other 
place  until  after  such  infection  or  infestation  shall  have  been  destroyed- 

Marking  required  on  articles  undergoing  shipment. 

§  2.  Each  carload,  case,  box,  package,  crate,  bale  or  bundle  of  trees,  shrubs,  plants, 
vines,  cuttings,  grafts,  scions,  buds  or  fruit  pits,  or  fruit  or  vegetables  or  seed,  imjDorted 
or  brought  into  this  state,  shall  have  plainly  and  legibly  marked  thereon  in  a  con- 
spicuous manner  and  place  the  name  and  address  of  the  shipper,  owner,  or  owners  or 
person  forwarding  or  shipping  the  same,  and  also  the  name  of  the  person,  firm  or  cor- 
poration to  whom  the  same  is  forwarded  or  shipped,  or  his  or  its  responsible  agents, 


Act  2002,  §g  3-5  GCNICRAL,   I>AW'S.  1022 

also  the  name  of  the  country,  state  or  territory  where  the  contents  were  grown  and  a 
statement  of  the  contents  therein. 

Destruction  of  infected  or  infested  articles.     Shipment  out  of  state  of  articles  found 

infected  or  infested. 

$  3.  When  any  shipment  of  nursery  stock,  trees,  vines,  plants,  shrubs,  cuttings, 
grafts,  scions,  buds,  fruit  pits  or  seed  or  vegetables  or  fruit,  imported  or  brought  into 
this  state,  is  found  infested  or  infected  with  any  species  of  injurious  insects,  or  their 
eggs,  larvae  or  pupae  or  other  animal  or  plant  disease  or  there  is  reasonable  cause  to 
presume  that  they  may  be  so  infested  or  infected,  which  would  cause  damage,  or  be 
liable  to  cause  damage,  to  the  orchards,  vineyards,  gardens  or  farms  of  the  state  of 
California,  or  which  would  be  or  be  liable  to  be  detrimental  thereto  or  to  any  portion 
of  said  state,  or  to  any  of  the  orchards,  vineyards,  gardens  or  farms  within  said  state 
such  shipment  shall  be  immediately  destroyed  by  the  state  commissioner  of  horticulture, 
his  deputy  quarantine  officer,  quarantine  guardians  or  other  person  or  persons,  who  shall 
be  commissioned  by  the  state  commissioner  of  horticulture  to  make  such  inspection; 
provided,  however,  that  if  the  nature  of  the  injurious  insects,  or  their  eggs,  larvae, 
pupae  or  animal  or  plant  disease  be  such  that  no  damage  or  detriment  can  be  caused  to 
the  said  orchards,  vineyards,  gardens  or  farms  of  California  or  any  of  the  same  by  the 
shipment  of  the  same  out  of  the  state,  then  the  said  state  commissioner  of  horticulture, 
his  deputy  quarantine  officer,  quarantine  guardians  or  other  person  or  persons  who 
shall  be  commissioned  by  the  state  commissioner  of  horticulture  to  make  such  inspection, 
and  who  shall  make  such  inspection,  shall  notify  the  owner  or  person,  firm  or  corpora- 
tion having  possession  or  control  of  said  articles  to  ship  the  same  out  of  the  state  within 
forty-eight  hours  after  such  notification,  and  it  shall  be  the  duty  of  such  owner  or 
owners,  or  person,  firm  or  corporation,  to  so  ship  said  articles,  but  such  shipment  shall 
be  under  the  sole  direction  and  control  of  the  officer  so  making  the  inspection  and  shall 
be  at  the  expense  of  the  owner  or  owners,  his  or  their  agent  or  agents,  and  for  a  failure 
to  comply  with  such  notice  such  owner  or  owners,  his  or  their  agent  or  agents  shall  be 
deemed  guilty  of  a  violation  of  the  terms  of  this  act  and  be  punished  accordingly  and 
immediately  after  the  expiration  of  the  time  specified  in  said  notice  said  articles  shall 
be  seized  and  destroyed  by  said  officer  at  the  expense  of  the  said  owner  or  owners,  his 
or  their  agent  or  agents. 

Shipment  passing  through  state. 

§  4.  When  any  shipment  of  nursery  stock,  trees,  vines,  plants,  shrubs,  cuttings, 
grafts,  scions,  fruit,  fruit  pits,  vegetables  or  seed,  or  any  other  horticultural  or  agri- 
cultural product  passing  through  any  portion  of  the  state  of  California  in  transit,  is 
infested  or  infected  with  any  species  of  injurious  insects,  their  eggs,  larvae  or  pupae 
or  animal  or  plant  disease,  which  would  cause  damage,  or  be  liable  to  cause  damage  to 
the  orchards,  vineyards,  gardens  or  farms  of  the  slate  of  California,  or  which  would 
be,  or  be  liable  to  be,  detrimental  thereto  or  to  any  portion  of  said  state,  or  to  any  of 
the  orchards,  vineyards,  gardens  or  farms  within  said  state,  and  there  exists  danger  of 
dissemination  of  such  insects  or  disease  while  such  shipment  is  in  transit  in  the  state  of 
California,  then  such  shipment  shall  be  placed  within  sealed  containers,  composed  of 
metallic  or  other  material,  so  that  the  same  can  not  be  broken  or  opened,  or  be  liable  to 
be  broken,  or  opened,  so  as  to  permit  any  of  the  said  shipment,  insects,  their  eggs, 
larvae  or  pupae  or  animal  or  plant  disease  to  escape  from  such  sealed  containers  and 
the  said  containers  shall  not  be  opened  while  within  the  state  of  California. 

Fruit  fly. 

§  5.  No  person,  persons,  firm  or  corporation  shall  bring  or  cause  to  be  brought  into 
the  state  of  California  any  fruit  or  vegetable  or  host  plant  which  is  now  known  to  be, 


1023  HORTICULTURE.  Act  2002,  gg  6-11 

or  hereafter  may  become  a  host  plant  or  host  fruit  of  any  species  of  the  fruit  fly  family 
Trypetidae  from  any  country,  state  or  district  where  such  species  of  Trypetidae  is 
known  to  exist  and  any  such  fruit,  vegetable,  or  host  plant,  together  with  the  container 
and  packing,  shall  be  refused  entry  and  shall  be  immediately  destroyed  at  the  expense 
of  the  owner,  owners  or  agents. 

Peach  yellows  or  peach  rosette. 

§  6.  No  person,  persons,  firm  or  corporation  shall  bring  or  cause  to  be  brought  into 
the  state  of  California  any  peach,  nectarine,  or  apricot  tree  or  cuttings,  grafts,  scions, 
buds  or  pits  of  such  trees,  or  any  trees  budded  or  grafted  upon  peach  stock  or  roots  that 
have  been  in  a  district  where  the  disease  known  as  "peach  yellows"  or  the  contagious 
disease  known  as  "contagious  peach  rosette"  are  known  to  exist,  and  any  such  attempt- 
ing to  land  or  enter  shall  be  refused  entry  and  shall  be  destroyed  or  returned  to  the 
point  of  shipment  at  the  option  of  the  owner,  owners  or  agent,  and  at  his  or  their 
expense. 

Injurious  animals. 

$  7.  No  person,  persons,  firm  or  corporation  shall  bring  or  cause  to  be  brought  into 
the  state  of  California  any  injurious  animals  known  as  English  or  Australian  wild  rab- 
bit, flying  fox,  mongoose  or  any  other  animal  or  animals  detrimental  to  horticultural  or 
agricultural  interests. 

Penalty. 

5  8.  Any  person,  persons,  firm  or  corporation  violating  any  of  the  provisions  of  this 
act  shall  be  guilty  of  a  misdemeanor  and  shall  be  punished  by  imprisonment  in  the 
county  jail  for  a  period  not  exceeding  six  months,  or  by  a  fine  not  exceeding  five  hun- 
dred dollars,  or  by  both  such  fine  and  imprisonment. 

Act  an  urgency  measure. 

$  9.  It  is  hereby  determined  and  declared  that  this  act  and  each  and  all  of  the  pro- 
visions thereof,  constitute  and  is  an  urgency  measure  necessary  for  the  immediate  pres- 
er^'ation  of  the  public  safety  and  health.  The  facts  constituting  such  necessity  are  as 
follows:  There  now  exist  in  various  islands  and  territory  in  close  proximity  to  the 
state  of  California  dangerous  and  injurious  fruit  and  plant  diseases  and  insects  and 
animals,  and  heretofore  fruits,  vegetables,  plants,  seeds  and  other  articles  of  horticul- 
ture and  agriculture  from  said  islands  and  territory  have  been  and  now  are  being 
shipped  and  brought  into  the  state  of  California,  which  are  to  a  large  extent  infested 
and  infected  with  dangerous  and  injurious  fruit  and  plant  diseases  and  insects,  their 
eggs,  larvae  and  pupae,  and  which  if  continued  to  be  brought  into  the  state  will  cause 
great  danger  to  the  public  health,  and  will  greatly  damage  the  horticultural  and  agri- 
cultural interests  of  said  state,  and  will  also  be  detrimental  to  the  public  health,  and 
this  act  is  necessary  to  provide  ample  power  to  prevent  the  introduction  of  such  insects 
and  diseases  and  injurious  animals  into  the  state  and  to  prevent  the  spread  of  such  dis- 
ease, insects  and  animals. 

Repeal  of  former  law. 

$  10.  That  certain  act  entitled  "An  act  for  the  protection  of  horticulture,  and  to  pre- 
vent the  introduction  into  this  state  of  insects,  or  disease,  or  animals,  injurious  to  fruit 
or  fruit  trees,  vines,  bushes,  or  vegetables,  and  to  provide  for  a  quarantine  for  the 
enforcement  of  this  act,"  approved  March  11,  1899,  is  hereby  repealed. 

In  effect  immediately. 

$  11.  This  act,  being  an  urgency  measure  as  above  set  forth,  shall  take  effect  and  be 
in  full  force  immediately  from  and  after  its  passage. 


Acta  2010,  2011 


GENERAL.  LAWS. 


102* 


1.  Constltntionallty — E^xerolse  of  Judicial 
yo^er  by  executive  officer. — The  act  of  1881 
was  held  to  be  constitutional,  a  proper  ex- 
ercise of  the  police  power  and  that  the  ac- 
tion of  the  horticultural  commissioners  In 
determining  whether  a  particular  place  was 
a  nuisance  or  not  was  not  an  exercise  of 
judicial  power  within  the  meaning  of  article 
III  of  the  constitution. — County  of  Los  An- 
geles V.  Spencer,  126  Cal.  670,  77  Am.  St. 
Rep.   217,  59  Pac.   202. 

2.  Same. — The  act  of  1897  was  constitu- 
tional.— County  of  Riverside  v.  Butcher,  133 
Cal.  324,  65  Pac.  745. 

3.  Same — "All  places,  orchards,  nurs- 
eries," "Pests  injurious  to  plants,"  nui- 
sances.— "All  places,  orchards,  nurseries," 
etc.,  infected  with  "scale  insects,  or  codlin 
moth,  or  other  pests  injurious  to  fruit 
plants,"  constitute  nuisances  in  fact,  and  it 
was  within  the  power  of  the  legislature  so 
to  declare. — County  of  Los  Angeles  v. 
Spencer,  126  Cal.  670,  77  Am.  St.  Rep.  217, 
59    Pac.    202. 

4.  Procedure — Complaint.  —  A  complaint 
in  an  action  to  foreclose  the  lien  given  the 
act  of  1897  which  alleges  service  upon  an 
agent  in  charge  and  in  possession  of  the 
premises,  requiring  hins  to  destroy  the 
scale  and  insects  within  ten  days  after 
such  service  shows  a  sufficient  service  un- 
der the  act. — County  of  Riverside  v. 
Butcher,   133   Cal.   324,   65   Pac.   745. 


5.  Same — Same — Prayer. — ^The  fact  that 
the  prayer  of  the  complaint  to  enforce  the 
lien  under  the  act  of  1897  asks  for  a  per- 
sonal judgment  does  not  vitiate  the  corn- 
plaint. — County  of  Riverside  v.  Butcher, 
133    Cal.    324,    65    Pac.    745. 

5a.  Expenses  of  fumigation. — As  to  lia- 
bility of  owner  of  infected  orchard  for  the 
expenses  of  fumigation. — County  of  San 
Bernardino  v.  Stewart,  173  Cal.  253. 

6.  Lien — Notice. — The  fact  that  the  no- 
tice states  that  the  county  claims  the  bene- 
fit of  the  mechanics'  lien  law  and  others 
does  not  vitiate  the  claim  of  lien  allowed 
by  the  act  of  1897. — County  of  Riverside  v. 
Butcher,    133    Cal.    324,    65    Pac.    745. 

7.  Same — Time  of  accrual. — The  right  of 
the  county  to  the  lien  given  by  the  act 
of  1897  accrues  when  it  pays  the  expense 
of  destroying  the  scale  or  insects,  and  not 
when  the  work  is  done,  and  the  county  has 
thirty  days  after  such  accrual  to  file  its 
notice. — County  of  Riverside  v.  Butcher, 
133   Cal.   324,  65   Pac.  745. 

8.  Same — Not  a  delinquent  tax. — The 
lien  given  by  the  act  for  the  expense  of 
abating  the  nuisance.  Is  for  an  indebted- 
ness due  the  county,  and  is  not  a  delin- 
quent tax,  and  its  enforcement  in  the  man- 
ner prescribed  by  the  act  is  not  without 
due  process  of  law. — County  of  Los  An- 
geles V  Spencer,  126  CaL  670,  77  Am.  St. 
Rep.    217,   59   Pac.   202. 


FRAUDULENT  SALE  OF  FRUIT  TREES. 
ACT  2010 — An  act  prohibiting  the  sale  of  any  fruit  tree  or  fruit  trees  of  a  certain  kind, 
variety  or  description  and  the  delivery  thereafter  with  the  intent  to  deceive  to  the 
purchaser  of  a  fruit  tree  or  fruit  trees  of  a  different  kind,  variety  or  description,  and 
providing  penalties  for  the  violation  thereof,  and  prescribing  the  time  within  which 
prosecutions  under  this  act  may  be  commenced. 

History:     Approved  March  15,  1907,  Stats.  1907,  p.  275. 

§  1.  It  shall  be  unlawful  for  any  person,  persons,  firm  or  corporation,  acting  either 
as  principal  or  agent,  to  sell,  to  any  person,  persons,  firm  or  corporation  any  fruit  tree 
or  fruit  trees  representing  same  to  be  of  a  certain  kind,  variety  and  description  and 
thereafter  to  deliver  to  such  purchaser  in  filling  such  order  and  in  completing  such  sale 
a  fruit  tree  or  fruit  trees  of  a  different  kind,  variety  or  description  than  the  kind, 
variety  or  description  of  such  fruit  tree  or  fruit  trees  so  ordered  and  sold. 

$  2,  Any  person  violating  any  provisions  of  this  act  shall  be  deemed  guilty  of  a  mis- 
demeanor and  upon  conviction  shall  be  fined  in  a  sum  not  less  than  fifty  ($50)  dollars, 
nor  more  than  five  hundred  ($500)  dollars,  or  by  imprisonment  in  the  county  jail  for  not 
less  than  twenty  days  or  more  than  six  months,  or  by  both  fine  and  imprisonment. 

^  3,  Prosecutions  under  this  act  may  be  commenced  at  any  time  within  seven  years 
from  the  time  of  the  delivery  of  such  fruit  tree  or  fruit  trees  mentioned  in  section  one. 

§  4.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 


DESTRUCTIVE  DISEASES  OF  CULTIVATED  PLANTS. 
ACT  2011 — An  act  providing  for  the  investigation  of  the  nature  and  means  of  control 
of  destructive  diseases  of  cultivated  plants  in  those  portions  of  the  state  not  bene- 
fited by  the  Southern  California  Pathological  Laboratory,  and  making  an  appropria- 
tion therefor. 

History:     Approved  April  26.  1909.  Stats.  1909,  p.  1092. 


1025  HORTICULTURE.  Acts  2012, 2013 

Investigation  of  tree  diseases. 

$  1.  The  regents  and  the  president  of  the  University  of  California  are  hereby 
directed  to  maintain  in  connection  with  the  agricultural  experiment  work  of  the  uni- 
versity in  those  portions  of  the  state  not  benefited  by  the  Southern  California  Patho- 
logical Laboratory,  a  scientific  station  or  laboratory  with  the  necessary  equipment  for 
the  investigation  of  the  nature  and  means  of  control  of  injurious  and  destructive 
diseases  of  cultivated  trees,  plants  and  crops. 

Information  to  growers. 

§  2.  They  are  directed  to  make  or  cause  to  be  made  investigations  of  such  troubles 
as  pear  blight,  peach  blight,  olive  knot,  apricot  failures,  pear  scab,  apple  diseases,  root 
rot,  root  knot,  diseases  of  tomatoes,  potatoes,  asparagus,  onions  and  other  vegetables, 
and  such  other  plant  diseases  as  may  be  called  to  their  attention.  They  shall  also  fur- 
nish information  and  practical  demonstrations  to  the  growers  of  these  crops  as  to  the 
best  means  of  control  for  such  diseases. 

Appropriation. 

^  3.  The  sum  of  fifteen  thousand  dollars  is  hereby  appropriated  out  of  any  money  in 
the  state  treasury  not  otherwise  appropriated  to  be  expended  by  the  regents  of  the 
University  of  California  in  carrying  out  the  purposes  of  this  act  and  the  state  con- 
troller is  hereby  authorized  and  directed  to  draw  his  warrant  for  the  same,  payable  to 
the  regents  of  the  University  of  California,  and  the  treasurer  of  the  state  is  hereby 
directed  to  pay  such  warrant. 

SALE  AND  SHIPMENT  OF  FROSTED  CITRUS  FRUITS. 
ACT  2012 — An  act  regulating  the  sale  and  shipment  of  citrus  fruits  damaged  by  frost; 
and  prescribing  penalties  for  the  violation  of  the  provisions  thereof. 

History:     Approved  May  3,  1915.     In  effect  August  8,  1915.     Stats. 
1915,  p.  328. 

Unlawful  to  ship  citrus  fruit  showing  certain  per  cent  of  drying. 

$  1.  It  is  unlawful  for  any  person,  firm  or  corporation  to  ship,  offer  for  shipment, 
sell  or  offer  for  sale  citrus  fruits  in  boxes  or  in  bulk,  if  the  contents  of  any  package, 
or  if  the  fruit  in  bulk  contains  fifteen  per  cent  or  more  of  citrus  fruits  which  on  a 
transverse  section  through  the  center,  shows  a  marked  drying  in  twenty  per  cent  or  more 
of  the  exposed  pulp. 

Commissioner  of  horticulture  to  enforce  law. 

§  2.  It  shall  be  the  duty  of  the  commissioner  of  horticulture  and  his  deputies  to 
enforce  the  provisions  of  this  act  and  bring  to  the  notice  of  the  proper  authorities  any 
violation  thereof.  The  commissioner  and  his  deputies  shall  have  full  power  to  enter 
any  place  where  oranges,  lemons,  or  grapefruit  are  grown,  picked,  packed,  shipped  or 
offered  for  shipment,  sold  or  offered  for  sale,  to  inspect  such  place  or  any  part  thereof. 

§  3.  Any  person,  firm  or  corporation  violating  any  provision  of  this  act  is  guilty  of 
a  misdemeanor. 

DATE  PALM  DISTRIBUTION  AND  QUARANTINE. 
ACT  2013 — An  act  to  regulate  the  distribution  of  date  palms  and  date  palm  offshoots 
and  to  hold  the  same  in  quarantine  under  the  supervision  of  the  state  commissioner 
of  horticulture  until  they  are  free  from  Marlatt  scale  (Phoenicococcus  marlatti)  and 
Blanchard  scale  (Parlatoria  blanchardii)  when  introduced  from,  or  grown  in,  any 
infested  locality  within  this  state  or  from  other  states,  or  if  of  foreign  introduction, 
after  they  have  been  released  by  the  federal  horticidtural  board,  and  to  fix  a  penalty 
for  violation  of  this  act. 

History:     Approved  April  1,  1915.    In  effect  August  8,  1915.     Stats. 
1915.  p.  19. 
Gen.  Laws— '65 


Act  2017,  S  1  GENERAL.  LAWS.  t026 

Planting  of  infested  date  palms  prohibited. 

^  1.  It  shall  be  unlawful  for  any  person,  or  persons,  their  agent  or  agents,  employee 
or  employees,  possessing  or  owning  date  palms  or  date  palm  offshoots,  or  who  may 
introduce  palms  from  any  region  of  this  state,  or  any  other  state,  or  from  foreign 
countries  after  they  have  been  released  by  federal  authorities,  which  are  infested  with 
either  of  the  two  scales  (Phoenicococcus  marlatti)  and  (Parlatoria  blanchardii),  to 
place  or  plant  the  same  except  under  the  supemsion  and  direction  of  the  state  quar- 
antine guardian  of  the  county  where  the  said  date  palms  or  date  palm  offshoots  have 
been  introduced. 

Unlawful  to  remove  palms. 

$  2.  It  shall  also  be  unlawful  for  any  person,  or  persons,  their  agent  or  agents, 
employee,  or  employees,  to  move  any  date  palms  or  date  palm  offshoots  after  the  same 
have  been  planted  until  permission  is  granted  by  the  aforesaid  state  quarantine  guard- 
ian, or  until  inspection  has  shown  that  the  said  date  palms  or  date  palm  offshoots  are 
entirely  clean  of  the  Marlatt  scale  (Phoenicococcus  marlatti)  and  the  Blanchard  scale 
(Parlatoria  blanchardii),  which  fact  shall  be  ascertained  by  the  aforesaid  state  quaran- 
tine guardian,  when  he  may  consent  to  the  removal,  either  to  an  infested  district  or  to 
an  uninfested  district. 

Penalty. 

^  3.  Any  one  who  shall  violate  any  of  the  provisions  of  this  act  shall  upon  convic- 
Uon  be  deemed  guilty  of  a  misdemeanor. 

CHAPTER  151. 

HOSPITALS. 

References:    County  hospital,  see  Kerr's  Cyc.  Political  Code,  §  4223. 
Hospitals  for  employees,  see  tit.  "Master  and  Servant." 
Hospitals  for  the  insane,  see  tit.  "Insane  Asylums." 
Municipal   Hospitals,  see  tit.  "Municipal  Corporations." 
See,  generally,  tit.  "Public  Health." 

CONTENTS  OF  CHAPTER. 

ACT  2017.     Maternity  Hospitals. 

2018.     Endowment  of  Hospitals. 

MATERNITY  HOSPITALS. 
ACT  2017 — An  act  to  provide  for  the  licensing  and  inspecting  of  maternity  hospitals, 
lying-in  asylums  and  homes  for  children;  defining  the  duties  of  persons  conducting 
the  same;  and  the  duties  and  powers  of  the  county  boards  of  health  or  county  health 
officers  and  other  health  officers  in  relation  thereto,  and  providing  a  penalty  for  the 
violation  of  its  provisions. 

History:     Approved  March  20,  1903,  Stats.  1903,  p.  317. 

Maternity  hospitals,  etc.,  must  obtain  license. 

§  1.  Any  person  who,  without  first  having  obtained  a  license  in  writing  so  to  do  from 
the  county  board  of  health  or  county  health  officers,  as  hereinafter  provided,  manages, 
conducts,  establishes  or  maintains  within  any  county  or  city  and  county  in  this  state 
any  maternity  hospital  or  lying-in  asylum  where  females  may  be  received,  cared  for  or 
treated  during  pregnancy,  or  during  or  after  delivery;  or  manages,  conducts,  estab- 
lishes or  maintains  within  any  county  or  city  and  county  in  this  state  any  institution, 
boarding-house,  home  or  other  place  for  the  reception  or  care  of  children,  or  keeps,  at 
any  such  place,  any  child  under  the  age  of  twelve  years,  not  his  relative,  apprentice, 
or  ward,  without  legal  commitment;  or  neglects,  refuses  or  omits  to  comply  with  the 


1027 


HOSPITALS.  Act  2018,  §8  1,  2 


provisions  of  this  act,  or  who  violates  the  provisions  of  such  act,  is  guilty  of  a  misde- 
meanor. 

Duty  and  power  of  board  of  health  or  health  oficer  as  to  licenses. 

§  2.  For  such  places  within  the  limits  of  their  respective  territorial  jurisdictions, 
the  county  board  of  health  in  all  counties  or  city  and  county  governments,  having  a 
county  board  of  health,  and  in  all  other  counties  or  city  and  county  governments,  the 
county  health  officer  shall  have  power  to  issue  licenses,  and  every  such  license  must 
specify  the  name  and  residence  of  the  person  so  undertaking  the  care  of  such  females 
or  children ;  and  the  location  within  the-  county  or  city  and  county  of  the  place  where 
the  same  are  kept  and  the  number  of  females  or  children  thereby  allowed  to  be  received, 
boarded  or  kept  therein,  and  shall  be  revocable  for  cause  by  the  said  county  board  of 
health  or  county  health  officer,  as  the  case  may  be,  in  any  case  where  the  provisions  of 
this  act  are  violated,  or  in  any  case  where,  in  the  opinion  of  such  county  board  of 
health  or  such  county  health  officer,  such  hospital,  asylum,  institution,  home,  boarding- 
house  or  other  place  is  being  managed,  conducted  or  maintained  without  proper  regard 
for  the  health,  comfort  or  morality  of  the  inmates  thereof,  or  without  due  regard  or 
proper  sanitation  or  hygiene. 

Holder  of  license  must  keep  register. 

$  3.  Every  person  so  licensed  must  keep  a  register,  wherein  he  shall  enter  the  names 
and  addresses  of  all  such  females,  the  names  and  ages  of  all  such  children,  and  of  all 
children  born  on  the  premises,  and  the  names  and  residences  of  their  parents,  so  far  as 
is  known,  and  the  time  of  the  reception  and  discharge  of  such  children  and  the  reasons 
therefor,  and  also  the  name  and  age  of  every  child  who  is  given  out,  adopted,  taken 
away,  or  indentured  from  such  place,  to  or  by  any  person,  together  with  the  name  and 
residence  of  the  person  so  adopting,  taking  away  or  indenturing  such  child;  and  within 
forty-eight  hours  after  such  child  is  so  given  out,  taken  away  or  indentured,  shall 
cause  a  correct  copy  of  the  register  relating  to  such  child  to  be  sent  to  the  county  board 
of  health  or  county  health  officer,  as  the  case  may  be. 

Health  ofi&cers  may  inspect  premises. 

§  4.  It  shall  be  lawful  for  the  officers  and  representatives  of  such  county  board  of 
health,  or  for  such  county  health  officers  and  their  representatives,  and  for  all  health 
officers,  at  all  reasonable  times,  to  enter  and  inspect  the  premises  wherein  such  females 
and  children  are  so  boarded,  received  or  kept,  and  to  call  for  and  inspect  the  license 
and  the  register  and  also  to  see  and  visit  such  children  and  females. 

ENDOWMENT  OF  HOSPITALS. 
ACT  2018 — An  act  to  promote  the  public  welfare,  by  providing  for  the  conveyance, 
holding  and  protection  of  property,  and  the  creation  of  trusts    for   the    founding, 
endowment,  erection  and  maintenance  within  this  state  of  hospitals  for  the  relief  of 
the  sick  and  for  training  schools  for  nurses. 

History:     Approved  February  19,  1907,  Stats.  1907,  p.  10. 

Act  to  be  liberally  construed. 

$  1.  The  provisions  of  this  act  shall  be  liberally  construed  with  a  view  to  effect  its 
objects  and  promote  its  purposes;  and  in  the  construction  thereof,  the  singular  number 
shall  be  deemed  to  include  the  plural,  and  the  plural  shall  be  deemed  to  include  the 
singular  number,  and  the  masculine  gender  shall  be  deemed  to  include  the  feminine. 

Endowment  of  hospitals,  manner  of. 

§  2.  Any  person  desiring  in  his  lifetime  to  promote  the  public  welfare  by  founding, 
endowing  and  having  maintained  within  this  state  a  hospital  for  the  relief  of  the  sick, 


Act  201S,  §§  3-6  GENERAL.   LAWS.  1028 

and  as  a  training  school  for  nurses,  may  to  that  end  and  for  such  purpose,  by  grant  in 
writing,  convey  to  a  trustee  or  any  number  of  trustees  named  in  such  grant,  and  to 
their  successors,  any  property  real  or  personal,  belonging  to  such  person,  and  situated 
or  being  within  this  state,  provided,  that  if  any  such  person  be  married  and  the  prop- 
erty be  community  property,  then  both  husband  and  wife  must  join  in  such  grant. 

Designation  of  scope  of  institution. 

$  3.     The  person  making  such  grant  may  therein  designate: 

1.  The  nature,  object  and  purpose  of  the  hospital  and  school  for  nurses  to  be 
founded,  endowed  and  maintained. 

2.  The  name  by  which  it  shall  be  known. 

3.  The  powers  and  duties  of  the  trustees,  and  the  manner  in  which  they  shall 
account,  and  to  whom,  if  accounting  be  required;  but  such  powers  and  duties  shall  not 
be  held  to  be  exclusive  of  other  powers  and  duties  which  may  be  necessary  to  enable 
such  trustees  to  fully  carry  out  the  objects  of  such  grant. 

4.  The  mode  and  manner,  and  by  whom,  the  successors  of  the  trustee  or  trustees 
named  in  the  grant  are  to  be  appointed. 

5.  Such  rules  and  regulations  for  the  management  of  the  property  conveyed  as  the 
grantor  may  elect  to  prescribe;  but  such  rules  shall,  unless  the  grantor  otherwise  pre- 
scribes, be  advisory  only,  and  shall  not  preclude  such  trustees  from  making  such 
changes  as  new  conditions  may  from  time  to  time  require. 

Trustees,  powers  of.    Seal. 

^  4.  The  trustee  or  trustees  named  in  such  grant,  and  their  successors  may  in  the 
name  of  the  said  hospital  and  school  for  nurses,  as  designated  in  such  grant,  receive  and 
hold  gifts  and  donations  of  real  and  personal  property,  sue  and  defend,  in  relation  to 
the  trust  property,  and  in  relation  to  all  matters  affecting  the  said  hospital  and  said 
school  endowed  or  established  by  such  grant,  and  such  trustees  are  hereby  given,  and 
shall  have,  the  right  to  exercise  corporate  powers  and  privileges,  and  to  that  end  they 
may  organize  and  act  as  a  board  of  trustees,  elect  such  officers  of  such  board  as  they 
may  deem  to  be  necessary,  adopt  by-laws,  and  as  such  board,  and  through  the  officers 
thereof,  they  may  transact  such  business,  perform  such  acts  and  exercise  such  powers 
as  they  in  writing  may  provide  may  be  transacted,  performed  and  exercised  by  such 
board.  Such  board  may  adopt  and  use  a  seal  and  such  seal  when  attached  to  any  docu- 
ment or  writing  shall  be  prima  facie  evidence  that  such  document  or  writing  was  made 
by  and  under  due  authority  from  such  board  and  from  such  trustees. 

Grantee  may  exercise  powers  of  trustee. 

§  5.  The  person  making  such  grant,  by  a  provision  therein,  may  elect  in  relation  to 
the  property  conveyed  and  in  relation  to  the  erection,  maintenance  and  management  of 
such  hospital  and  school,  to  perform,  during  his  life,  all  the  duties  and  exercise  all  the 
powers  which,  by  the  terms  of  the  grant,  are  enjoined  upon  and  vested  in  the  trustee; 
therein  named,  and  in  such  case  the  powers  and  duties  conferred  and  imposed  by  such 
grant  upon  said  trustees  therein  named,  shall  be  exercised  and  performed  by  the  person 
making  such  grant,  during  his  life;  provided  however,  that  upon  the  death  of  such 
person  such  powers  and  duties  shall  devolve  upon  and  shall  be  exercised  by  the  trustees 
named  in  the  grant,  and  their  successors. 

Execution  of  grant. 

§  6.  Any  such  grant  may  be  executed,  acknowledged  and  recorded  in  the  same  man- 
ner as  is  now  provided  by  law  for  the  execution,  acknowledgment  and  recording  of 
grants  of  real  property. 


*|i 


ill 


1029  HOTELS.  Acts  2023, 2024,  8§  1, 2 

Eight  of  action  to  annul  tinist. 

5  7.  No  suit,  action  or  proceeding  shall  be  commenced  or  maintained  by  any  person 
to  set  aside,  annul  or  affect  said  conveyance  or  to  affect  the  title  to  the  property  con- 
veyed, or  the  right  to  the  possession,  or  to  the  rents,  issues  and  profits  thereof,  unless 
the  same  be  commenced  within  two  years  after  the  date  of  filing  such  grant  for  record ; 
nor  shall  any  defense  be  made  to  any  suit,  action  or  proceeding  commenced  by  the  trus- 
tees named  in  said  grant  or  their  successors,  privies  or  persons  holding  under  them, 
which  defense  involves  the  legality  of  said  grant,  or  affects  the  title  to  the  property 
thereby  conveyed,  or  the  right  of  possession,  or  the  rents,  issues  and  profits  thereof, 
unless  such  defense  is  made  in  a  suit,  action  or  proceeding  commenced  within  two  years 
after  such  grant  shall  have  been  filed  for  record,  and  after  such  filing  said  property 
shall  be  exempt  from  execution  and  forced  sale. 

§  8.    This  act  shall  be  in  force  from  and  after  its  passage. 

CHAPTER  152. 

HOTELS. 

References:    See,  generally,  "Buildings";   "Dwelling  Houses";   "Intoxicating  Liquors"; 
"Prostitution";  "Tenement  Houses." 

CONTENTS  OF  CHAPTER. 

ACT  2023.  Use  of  Illuminating  Gas  in  Hotels. 

2024.  Exit  Signs  in  Hotels,  Etc. 

2026.  "State  Hotel  and  Lodging  House  Act"  of  1917. 

2028.  Hotel  Act  of  1917. 

ACT  2023 — An  act  to  regulate  the  use  of  illuminating  gas. 

History:     Approved  March  20,  1903,  Stats.  1903,  p.  289. 

$  1.  Every  hotel-keeper,  lodging-house  keeper,  and  innkeeper,  or  keeper  of  any  place 
where  rooms  are  let  to  lodgers  in  which,  or  any  of  which  such  places  illuminating  gas 
is  used,  who  shall  turn  off,  or  cause  to  be  turned  off  at  the  meter  the  flow  of  such 
illuminating  gas,  during  the  time  of  the  use  of  any  such  room  or  rooms,  shall  be  guilty 
of  a  misdemeanor;  provided,  however,  that  this  act  shall  not  apply  to  any  of  the  persons 
herein  enumerated,  when  such  person  or  persons  shall  have  connected  every  exit  orifice 
upon  the  gas  fixtures  used  in  such  place  or  places  with  a  practical  and  safe  automatic 
gas  igniter. 

5  2.     This  act  shall  take  effect  and  be  in  force  immediately  from  and  after  its  passage. 

EXIT  SIGNS  IN  HOTELS,  ETC. 
ACT  2024 — An  act  to  protect  the  lives  and  property  of  the  patrons  of  all  public  hotels, 
lodging  and  rooming  houses  in  the  state  of  California. 

History:     Approved  March  25,  1911,  Stats.  1911,  p.  494. 

Exit  signs  in  lodging-houses. 

^  1.  Every  owner,  manager,  proprietor,  lessee  or  other  person  having  the  manage- 
ment, charge  or  control  of  any  public  hotel,  lodging  or  rooming  house,  is  hereby  required 
to  put  up  in  conspicuous  places  in  the  halls  of  such  hotel,  lodging  or  rooming  house, 
exit  and  stairway  signs  and  permanently  maintain  the  same.  Said  signs  shall  be  made 
and  placed  where  they  will  definitely  direct  the  patrons  thereof  to  the  exits  and  stair- 
ways, so  as  to  enable  them  to  escape  from  such  building  in  case  of  fire  or  other  accident. 

Penalty  for  violations. 

^  2.  Every  owner,  manager,  proprietor,  lessee  or  other  person,  having  the  manage- 
ment, charge  or  control  of  any  such  hotel,  lodging  or  rooming  house  who  shall  violate 


Act  2026,  §g  1.  2  GE:NERAL.  LAWS.  1030 

any  of  the  provisions  of  this  act  or  who  shall  refuse  or  neglect  to  comply  therewith 
shall  be  deemed  guilty  of  a  misdemeanor  and  upon  conviction  thereof  shall  be  punished 
by  fine  not  to  exceed  one  hundred  dollars  or  by  imprisonment  not  to  exceed  three 
months  or  by  both  such  fine  and  imprisonment. 

"STATE  HOTEL  AND  LODGING  HOUSE  ACT"  OF  1917. 
ACT  2026 — An  act  to  regulate  the  erection,  construction,  reconstruction,  moving,  alter- 
ation, maintenance,  use  and  occupancy  of  hotels,  and  the  maintenance,  use  and  occu- 
pancy of  the  premises  and  land  on  which  hotels  are  erected  or  located,  in  all  parts 
of  the  state  of  California,  including  incorporated  towns,  incorporated  cities,  and 
incorporated  cities  and  counties,  and  to  provide  penalties  for  the  violation  thereof; 
and  repealing  an  act  entitled  "An  act  to  regulate  the  building  and  occupancy  of 
hotels  and  lodging  houses  in  incorporated  towns,  incorporated  cities,  and  cities  and 
counties,  and  to  provide  penalties  for  the  violation  thereof, ' '  approved  June  16,  1913, 
statutes  of  California  of  1913,  page  1429. 

History:  Approved  May  31,  1917.  In  effect  September  1,  1917. 
Stats.  1917,  p.  1422.  Prior  act  of  June  16,  1913,  Stats.  1913,  p.  1429, 
repealed  by  the  present  act. 

Title. 

§1.  This  act  shall  be  known  as  the  "state  hotel  and  lodging  house  act,"  and  its 
provisions  shall  apply  to  all  parts  of  the  state  of  California,  including  incorporated 
towns,  incorporated  cities,  and  incorporated  cities  and  counties. 

Duty  of  building  department. 

§  2.  It  shall  be  the  duty  of  the  "building  department"  of  every  incorporated  town, 
incorporated  city,  and  incorporated  city  and  county,  to  enforce  all  the  provisions  of 
this  act  pertaining  to  the  erection,  construction,  reconstruction,  moving,  conversion, 
alteration  and  arrangement  of  hotels  and  to  issue  the  certificate  of  "final  completion" 
hereinafter  provided. 

Duty  of  housing  department. 

It  shall  be  the  duty  of  the  "housing  department"  and  if  there  is  no  housing  depart- 
ment the  health  department  of  every  incorporated  town,  incorporated  city,  and  incor- 
porated city  and  county  to  enforce  all  of  the  provisions  of  this  act  pertaining  to  the 
maintenance,  sanitation,  ventilation,  use  and  occupancy  of  hotels  after  said  hotels  have 
been  erected,  constructed  or  altered,  as  the  case  may  be,  and  the  certificate  of  "final 
completion"  has  been  issued  by  the  building  department  and  to  issue  the  "permit  of 
occupancy ' '  as  hereinafter  provided. 

In  case  no  such  departments. 

In  the  event  that  there  is  no  building  department  or  no  housing  department  or  health 
department  in  an  incorporated  town,  incorporated  city  or  incorporated  city  and  county, 
it  shall  be  the  duty  of  the  officer  or  officers  who  are  charged  with  the  enforcement  of 
ordinances  and  laws  regulating  the  erection,  construction  or  alteration  of  buildings,  or 
the  maintenance,  sanitation,  ventilation  or  occupancy  of  buildings,  or  of  the  police, 
fire  or  health  regulations  in  said  incorporated  town,  incorporated  city  or  incorporated 
city  and  county  to  enforce  all  of  the  provisions  of  this  act. 

Enforcement. 

In  every  county  it  shall  be  the  duty  of  the  officer  or  officers  who  are  charged  with 
the  enforcement  of  ordinances  or  laws  regulating  the  erection,  construction  or  alteration 
of  buildings,  or  of  the  maintenance,  sanitation,  occupancy  and  ventilation  of  buildings, 
or  of  the  police,  fire  or  health  regulations  in  said  county,  to  enforce  all  of  the  pro- 
visions of  this  act  outside  of  the  limits  of  any  incorporated  town  or  incorporated  city. 


1031  HOTELS.  Act  2026,  §§  3-5 

Every  incorporated  town,  incorporated  city,  or  incorporated  city  and  county  in  the 
state  of  California  shall  have  authority,  and  it  is  hereby  empowered  and  given  author- 
ity, to  designate  and  charge  by  ordinance  any  other  department  or  officer  than  the 
department  or  officers  mentioned  herein,  with  the  enforcement  of  this  act,  or  any  por- 
tion thereof. 

Power  of  commission  of  immigration  and  housing. 

The  commission  of  immigration  and  housing  of  California  shall  ht^ve,  and  it  is  hereby 
empowered  and  given  authority  to  enforce  the  provisions  of  this  act,  which  do  not 
pertain  to  the  actual  erection,  construction,  reconstruction,  moving,  conversion,  alter- 
ation and  arrangement  of  hotels  in  all  parts  of  the  state  of  California,  including  all 
incorporated  towns,  incorporated  cities,  incorporated  cities  and  counties,  in  the  state 
of  California,  whenever  said  commission  finds  or  discovers  a  violation  or  violations  of 
the  provisions  of  this  act  and  notifies  the  local  department  or  officer,  or  departments  or 
officers  who  are  charged  with  the  enforcement  of  the  provisions  of  this  act,  in  writing, 
of  such  violation  or  violations,  and  the  said  local  department  or  officer,  or  departments 
or  officers,  fail,  neglect  or  refuse  to  enforce  the  provisions  of  the  said  act  within  thirty 
days  thereafter;  provided,  however,  that  the  said  commission  of  immigration  and 
housing  of  California  shall  enforce  the  provisions  of  this  act  only  in  the  instances 
specified  in  said  written  notice. 

Unlawful  to  construct  hotel  contrary  to  act. 

§  3.  It  shall  be  unlawful  for  any  person,  firm  or  corporation,  whether  as  owner, 
agent,  contractor,  builder,  architect,  engineer,  superintendent,  foreman,  plumber,  ten- 
ant, lessee,  lessor,  occupant,  or  in  any  other  capacity  whatsoever,  to  erect,  construct, 
reconstruct,  alter,  build  upon,  move,  convert,  use,  occupy  or  maintain,  or  to  cause, 
permit  or  suffer  to  be  erected,  constructed,  reconstructed,  altered,  built  upon,  moved, 
converted,  used,  occupied  or  maintained  any  hotel  or  any  portion  thereof  contrary  to  the 
provisions  of  this  act,  or  to  commit  or  maintain  or  cause  or  permit  to  be  committed  or 
maintained  any  nuisance  in  or  upon  any  hotel  or  any  portion  thereof,  or  any  of  the 
premises,  yards  or  courts  which  are  a  part  thereof,  or  which  are  required  by  the  pro- 
visions of  this  act ;  or  to  do  or  cause  to  be  done,  or  to  use  or  cause  to  be  used,  any  privy, 
sewer,  cesspool,  plumbing  or  house  drainage  affecting  the  sanitary  condition  of  any 
hotel  or  any  portion  thereof,  or  of  the  premises  thereof,  contrary  to  any  of  the  pro- 
visions of  this  act. 

Alterations. 

§  4.  It  shall  be  unlawful  for  any  person  to  make  any  alterations  or  changes  or 
reconstruction  work  of  any  kind  whatsoever,  to  any  hotel  erected  prior  to  the  passage 
of  this  act,  or  to  any  hotel  hereafter  erected,  or  to  increase  the  height,  in  any  manner 
which  would  be  inconsistent  with  any  of  the  provisions  of  this  act,  or  in  violation  of 
the  said  provisions  of  this  act;  or  in  any  manner  to  diminish  the  size  of  the  yards, 
courts  or  shafts  or  the  size  of  windows  or  skylights,  or  to  remove  any  stairway  or  fire 
escape,  or  to  obstruct  the  egress  from  such  building  or  from  the  hallways  or  stairways, 
or  to  do  anything  that  would  affect  the  ventilation  and  sanitation  of  the  building,  con- 
trary to  any  of  the  provisions  of  this  act. 

Building  converted  to  use  as  hoteL 

$  5.  A  building  not  erected  for,  or  which  is  not  used  as  a  hotel  at  the  time  of  the 
passage  of  this  act,  if  hereafter  converted  to  or  altered  for  such  use,  shall  thereupon 
become  subject  to  all  of  the  provisions  of  this  act  affecting  hotels  hereafter  erected. 


Art  2026.  g§  6.  7  GENERAL   LAW'S.  1032 

Building  moved. 

A  building  used  as  a  hotel  at  the  time  of  the  passage  of  this  act,  if  moved,  shall  be 
made  to  conform  to  all  of  the  provisions  of  this  act  affecting  hotels  hereafter  erected, 
in  so  far  as  they  pertain  to  the  percentage  of  lot  occupied  and  the  size  of  outer  courts, 
inner  courts  bounded  by  a  lot  line,  and  yards. 

Building  reconstructed. 

It  shall  be  unlawful  to  reconstruct  any  hotel  which  is  hereafter  damaged  by  fire  or 
\he  elements  to  an  extent  in  excess  of  fifty-one  per  cent  of  its  physical  proportions, 
unless  the  said  building  is  made  to  conform  to  all  of  the  provisions  of  this  act  affecting 
hotels  hereafter  erected. 

Penalty  for  violation. 

^  6.  Any  person,  firm  or  corporation  violating  any  of  the  provisions  of  this  act 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  punish- 
able by  a  fine  not  exceeding  five  hundred  dollars,  or  by  imprisonment  in  a  county  jail 
not  exceeding  six  months,  or  by  both  such  fine  and  imprisonment,  and  in  addition  to 
the  penalty  therefor,  shall  be  liable  for  all  costs,  expense  and  disbursements  paid  or 
incurred  by  the  department,  by  any  of  the  officers  thereof,  or  by  any  agent,  employee 
or  contractor  of  same,  in  the  prosecution  of  such  violation.  The  costs,  expense  and 
disbursements  by  this  section  provided  shall  be  fixed  by  the  court  having  jurisdiction 
of  the  matter. 

Procedure.  |l 

Except  as  herein  otherwise  specified,  the  procedure  for  the  prevention  of  violations        *| 
of  this  act,  for  the  vacation  of  hotels  or  premises  unlawfully  occupied,  or   for  the 
abatement  of  a  nuisance  in  connection  with  a  hotel,  or  the  premises  thereof,  shall  be 
as  set  forth  in  the  charter  and  ordinances  of  the  municipality  in  which  the  procedure 
is  instituted. 

Permit  to  erect  hotel.     Application.  ^i 

$  7.  In  every  incorporated  town,  incorporated  city,  and  incorporated  city  and  county,  SI 
it  shall  be  unlawful  to  commence  or  to  proceed  with  the  erection,  construction,  recon- 
struction, conversion  or  alteration  of  a  hotel,  or  to  move  or  to  build  upon  a  hotel,  or 
to  convert  a  building  or  any  portion  thereof  into  use  as  a  hotel  without  first  obtaining 
a  permit  in  writing  so  to  do  from  the  department  charged  with  the  enforcement  of  this 
act.  Any  person,  firm  or  corporation  desiring  such  a  permit  shall  file  an  application 
therefor  with  the  department  charged  with  the  enforcement  of  this  act.  Said  applica- 
tion shall  give  a  detailed  statement  in  writing,  verified  under  oath  by  the  person  making 
the  same,  of  the  erection,  construction,  reconstruction,  moving,  conversion,  or  altera- 
tion, as  the  case  may  be,  upon  blanks  or  forms  to  be  furnished  by  the  said  department. 
The  said  application  must  be  accompanied  with  a  full,  true  and  complete  set  of  the 
plans  of  the  hotel,  or  alteration,  or  work  proposed,  as  the  case  may  be,  together  with  a 
set  of  specifications  describing  the  materials  proposed  to  enter  into  the  construction  of 
the  proposed  work,  also  a  plan  of  the  lot  on  which  such  building  is  proposed  to  be 
erected,  constructed,  reconstructed,  converted,  altered  or  moved,  as  the  case  may  be. 
Such  statement  shall  give  in  full  the  name  and  address  by  street  and  number  of  the 
owner  or  owners,  also  the  name  and  address  of  the  architect  and  of  the  contractor,  if 
there  be  such  an  architect  or  contractor;  also  shall  give  such  other  data  and  infonnation 
as  in  the  judgment  of  the  department  charged  with  the  enforcement  of  this  act  is 
deemed  necessary. 

Affidavit.    Permit  issued.    Revocation.  M 

The  affidavit  to  said  application  shall  allege  that  the  plans  and  specifications  are  true 
and  contain  a  correct  description  of  the  proposed  hotel,  lot  and  proposed  work.    If  any 


I 


1033  HOTELS.  Act  2026,  S  ^ 

person  other  than  the  owner  makes  such  affidavit,  such  person  shall  not  be  recognized 
except  that  he  allege  in  his  affidavit  that  he  is  authorized  and  empowered  by  the  said 
owner  to  act  for  him  and  to  sign  the  required  affidavit.  Said  department  charged  with 
the  enforcement  of  this  act  shall  cause  all  such  plans,  specifications  and  statement? 
to  be  examined,  and  if  it  appears  that  they  conform  to  the  provisions  of  this  act,  shall 
then  issue  a  permit  to  the  person  submitting  the  same.  Said  department  may,  from 
time  to  time,  approve  changes  in  any  plans,  specifications  or  statements  previously 
approved  by  it;  provided,  that  all  changes  when  so  made  shall  be  in  conformity  with 
the  provisions  of  this  act.  Said  department  shall  have  the  power  to  revoke  or  cancel 
any  permit  or  approval  that  it  has  previously  issued  in  ease  of  any  refusal,  failure  or 
neglect  of  the  person  to  whom  such  permit  or  approval  has  been  issued  to  comply 
with  any  of  the  provisions  of  this  act,  or  in  case  any  false  statement  or  misrepresen- 
tation is  made  in  any  of  the  said  plans,  specifications  or  statements  submitted  or 
filed  for  such  permit  or  approval.  The  erection,  construction,  reconstruction,  moving, 
alteration  or  conversion  of  any  such  hotel,  as  the  case  may  be,  shall  be  made  in 
accordance  with  the  plans,  specifications  and  statements  submitted  or  filed,  and  for 
which  the  permit  is  issued. 

Plans  kept  on  premises. 

A  true  copy  of  the  plans,  specifications  and  other  information  submitted  or  filed, 
upon  which  a  permit  is  issued,  with  the  approval  of  the  department  with  which  they 
are  filed,  stamped  or  written  thereon,  shall  be  kept  upon  the  premises  of  the  hotel  or 
work  for  which  the  said  permit  is  issued,  from  the  commencement  of  the  said  building 
or  work  to  the  final  completion  of  same,  and  shall  be  subject  to  inspection  at  all  times 
by  proper  authorities. 

Permit  for  nominal  alterations. 

The  department  charged  with  the  enforcement  of  this  act  may,  at  its  discretion, 
issue  a  permit  in  case  of  nominal  alterations  or  repairs,  when  application  is  made 
therefor,  in  writing,  by  the  owner  or  his  agent,  when  the  making  of  said  nominal  alter- 
ations and  repairs  do  not  affect  any  structural  feature  or  the  sanitation  or  the  ventila- 
tion of  the  hotel,  without  requiring  the  filing  or  [of]  plans  or  specifications. 

The  issuance  or  granting  of  a  permit  or  approval  by  the  department  charged  with 
the  enforcement  of  this  act  under  the  authority  of  this  section  shall  not  be  deemed  or 
construed  to  be  a  pemiit  or  an  approval  of  the  violation  of  any  of  the  provisions  of 
this  act. 

Expiration  of  permit. 

Ever}-  permit  or  approval  which  is  issued  by  the  department  charged  with  the 
enforcement  of  this  act,  but  under  which  no  work  has  been  done  within  ninety  days 
from  the  date  of  issuance,  or  where  work  has  been  suspended  for  a  period  of  ninety 
days,  shall  expire  by  limitation  and  a  new  permit  shall  be  obtained  before  the  work 
may  be  done. 

Certificate  of  "final  completion"  and  "permit  of  occupancy." 

§  8.  In  every  incorporated  town,  incorporated  city,  and  incorporated  city  and 
county,  it  shall  be  unlawful  to  occupy  or  to  permit  to  be  occupied,  any  hotel  hereafter 
erected,  constructed,  reconstructed,  altered,  converted  or  moved,  as  the  case  may  be, 
or  any  portion  thereof,  for  human  habitation  until  the  issuance  of  a  "certificate  of 
final  completion"  and  a  "permit  of  occupancy"  by  the  department  or  departments 
charged  with  the  enforcement  of  this  act. 

It  shall  also  be  unlawful  to  occupy  any  existing  hotel  until  a  permit  of  occupancy 
has  been  issued  by  the  department  designated  to  issue  such  permit. 


let  2026,  §9  GDNKRAL  LAWS.  1034 

Renewal  of  permit  of  occupancy. 

Every  permit  of  occupancy  shall  be  renewed  each  calendar  year  by  the  department 
designated  to  issue  the  said  permit;  provided,  that  no  structural  alteration,  or  changes 
have  occurred  since  the  issuance  of  the  certificate  of  final  completion  j  and  provided, 
that  all  other  provisions  of  this  act  have  been  complied  with. 

Certificate  issued. 

Any  person  desiring  a  certificate  shall  file  a  notice  with  the  department  charged 
with  the  enforcement  of  this  act.  Said  department  shall  cause  an  inspection  to  be  made 
of  the  said  hotel  or  portion  thereof,  or  work  described  in  the  said  notice,  within  ten 
days  after  written  application  therefor,  and  shall  issue  a  "certificate  of  final  comple- 
tion" if  it  is  found  that  all  the  provisions  of  this  act,  regulating  the  erection,  con- 
struction, alteration  or  moving,  as  the  case  may  be,  have  been  complied  with. 

Permit  issued. 

The  department  charged  with  the  enforcement  of  this  act  and  designated  to  issue  the 
permit  of  occupancy,  shall  issue  the  said  "permit  of  occupancy"  upon  application,  in 
writing,  therefor  by  the  owner  or  his  agent,  and  upon  the  filing  by  the  owner  or  his 
agent  of  such  statements  or  records  required  by  the  department,  after  the  "certificate 
of  final  completion"  has  been  issued;  provided,  that  no  violations  have  occurred  since 
the  issuance  of  the  certificate  of  final  completion,  or  in  the  case  of  a  hotel  erected 
prior  to  the  passage  of  this  act,  and  for  which  no  certificate  of  final  completion  has 
been  issued,  then  after  the  said  department  has  caused  an  inspection  to  have  been  made 
of  the  said  hotel  and  has  found  that  all  of  the  provisions  of  this  act  applying  to  such 
hotel  have  been  complied  with. 

All  permits  and  certificates  shall  be  made  in  duplicate  and  a  copy  shall  remain  on 
file  in  the  department  issuing  them. 

Hotel  occupied  without  certificate  or  permit  deemed  nuisance. 

Any  hotel  hereafter  erected,  altered,  converted  or  moved,  which  is  occupied,  or  any 
portion  thereof  which  is  occupied  for  human  habitation,  prior  to  a  "certificate  of  final 
completion"  or  a  "permit  of  occupancy"  being  issued,  shall  be  deemed  a  nuisance  and 
the  department  or  departments  charged  with  the  enforcement  of  this  act  may  cause 
it  to  be  vacated,  until  the  said  certificate  of  completion  and  permit  of  occupancy  have 
been  obtained  in  accordance  with  the  provisions  of  this  act. 

Power  to  enter  hotel. 

$  9.  The  department  or  departments  charged  with  the  enforcement  of  this  act  in 
any  incorporated  town,  incorporated  city,  and  incorporated  city  and  county,  or  county, 
and  the  authorized  officers,  agents  or  employees  of  such  departrnent  or  departments, 
may,  whenever  necessary,  enter  hotels  or  portions  thereof,  or  the  premises  thereof, 
within  the  corporate  limits  of  such  towns,  cities,  cities  and  counties,  or  counties,  for 
the  purpose  of  inspecting  such  buildings,  in  order  to  secure  compliance  with  the  pro- 
visions of  this  act  and  to  prevent  violations  thereof. 

The  members  of  the  commission  of  immigration  and  housing  of  California  and  the 
agents,  officers  or  employees  of  said  commission  may,  whenever  necessary,  enter  hotels 
or  portions  thereof,  or  the  premises  thereof,  for  the  purpose  of  inspecting  such  build- 
ings in  order  to  secure  compliance  with  the  provisions  of  this  act  and  to  prevent 
violations  thereof. 

The  owner  or  his  authorized  agent  may,  whenever  necessary,  enter  hotels  or  portions 
thereof,  or  the  premises  thereof,  owned  by  him,  to  carry  out  any  instructions  or  to 
perform  an}-  work  required  to  be  done  by  the  provisions  of  this  act. 


J035  HOTELS.  Act  2026,  g  10 

Definitions. 

$  10.  For  the  purpose  of  this  act,  certain  words  and  phrases  are  defined  as  follows, 
unless  it  shall  be  apparent  from  their  context  that  they  have  a  different  meaning: 

Words  used  in  the  singular  include  the  plural,  and  the  plural  the  singular. 

Words  used  in  the  present  tense  include  the  future. 

Words  used  in  the  masculine  gender  include  the  feminine,  and  the  feminine,  the 
masculine. 

'Words  "building  department,"  "health  department,"  "housing  department,"  "de- 
partment charged  with  the  enforcement  of  this  act,"  "fire  commissioner,"  shall  be 
construed  as  if  followed  by  the  words,  "of  the  incorporated  town,  incorporated  city, 
incorporated  city  and  county,  or  county,"  as  the  case  may  be,  in  which  the  hotel  is 
situated. 

"Approved"  means  whatever  material,  appliance,  appurtenance,  or  other  matter 
meets  the  requirements  and  approval  of  the  department  charged  with  the  enforcement 
of  this  act,  or  which  is  approved  by  local  ordinance  of  the  municipality  in  which  the 
building  is  situated,  or  any  appliance,  appurtenance,  or  other  matter  which  conforms 
to  the  requirements  of,  and  bears  the  approval  of  the  "national  board  of  fire  under- 
writers"; provided,  however,  that  no  such  material,  appliance,  appurtenance  or  other 
matter  shall  be  deemed  "approved"  for  use  where,  or  in  such  a  manner  as  would  be 
inconsistent  with  the  intent,  or  specific  provisions  of  this  act. 

"Basement"  is  any  story  or  portion  thereof  partly  below  the  level  of  the  curb  or 
the  actual  adjoining  ground  level,  the  ceiling  of  which  in  no  part  is  less  than  seven 
feet  above  the  curb  level  or  actual  adjoining  ground  levels.  If  the  adjoining  ground 
is  excavated  to  or  below  the  curb  level,  or  to  or  below  the  adjoining  natural  ground 
level,  such  excavated  space  shall  have  not  less  than  the  minimum  width  and  length  re- 
quired in  this  act  for  outer  courts.    Every  basement  is  a  story. 

"Building"  is  a  hotel. 

"Building  department"  means  the  commissioner  of  buildings,  superintendent  of 
buildings,  chief  inspector  of  buildings,  or.  any  officer  or  department  charged  with  the 
enforcement  of  ordinances  and  laws  regulating  the  construction  and  alteration  of 
buildings  or  structures. 

"Cellar"  is  any  story  or  portion  thereof,  the  ceiling  of  which  in  any  part  is  less 
than  seven  feet  above  the  curb  level  and  actual  adjoining  ground  levels. 

Court. 

"Court"  is  an  open,  unoccupied  space  other  than  a  yard  on  the  lot  on  which  is 
situated  a  hotel.  "  A  court,  one  entire  side  or  end  of  which  is  bounded  by  a  front  yard, 
a  rear  yard  or  a  side  yard,  or  by  the  front  of  lot,  or  by  a  street  or  a  public  alley,  is 
an  "outer  court."    Every  court  which  is  not  an  "outer  court"  is  an  "inner  court." 

Every  court  shall  be  open  and  unobstructed  to  the  sky  from  a  point  not  more  than 
two  feet  above  the  floor  line  of  the  lowest  story  in  the  building  in  which  there  are 
windows  from  rooms  abutting  the  said  court,  except  that  a  cornice  on  the  building 
may  extend  into  an  "outer  court"  two  inches  for  each  one  foot  in  width  of  such  court, 
and  a  cornice  may  extend  into  an  "inner  court"  one  inch  for  each  one  foot  in  width 
of  such  court, 

"Curb  level"  is  the  curb  level  opposite  the  center  of  the  "front  of  lot." 

Wherever  the  word  "department"  is  used  it  means  the  building  department,  the 
housing  department,  the  health  department  or  such  other  department  or  officer,  or 
departments  or  officers,  who  are  charged  with  the  enforcement  of  the  provisions  of 
this    act. 

"Dormitory"  is  a  room  in  which  more  than  two  persons  are  "guests"  and  are  not 
living  together,  and  shall,  for  the  purpose  of  computing  the  number  of  rooms,  be  deemed 
a  separate  guest  room  for  each  one  hundred  square  feet  of  superficial  floor  area  therein. 


Act  2026  GENERAL   LAW'S.  1036 

Fireproof  hotel. 

"Fireproof  hotel"  is  a  building  wherein  all  the  exterior  and  interior  loads  or  strains 
are  transmitted  to  the  foundation  by  means  of  concrete,  reinforced  concrete,  brick, 
stone  or  by  means  of  a  skeleton  framework  of  steel  or  iron;  the  exterior  walls,  inner 
court  walls  and  roof  constructed  of  concrete,  reinforced  concrete,  brick,  stone  or 
hollow  terra  cotta  tile;  where  all  the  structural  steel  or  iron  is  thoroughly  fireproof ed 
by  concrete,  cement,  plaster,  tile,  brick  or  sandstone,  not  less  than  two  inches  thick; 
where  all  the  interior  partitions  are  constructed  of  either  hollow  terra  cotta  tile  blocks, 
gypsum  blocks,  brick,  concrete,  reinforced  concrete,  or  of  metal  studs  lathed  with  metal 
lath  and  plastered  not  less  than  three-quarters  inch  thick  including  the  lath,  or  of 
metal  studs  lathed  with  approved  plaster  board  and  plastered  not  less  than  three- 
quarters  inch  thick  including  the  plaster  board,  or  constructed  of  wire  glass  not  less 
than  one-fourth  inch  thick,  set  in  metal  frames  and  sash,  and  all  other  materials,  used 
in  the  said  building  are  of  approved  incombustible  material  except  that  the  glass  in 
windows,  transoms,  or  doors  may  be  of  plain  glass,  and  except  that  doors,  frames, 
sash  and  the  usual  trim  of  rooms,  hallways,  corridors,  and  passageways  may  be  of  wood, 
and  except  that  wood  floors  may  be  placed  on  top  of  the  floors  constructed  of  incom- 
bustible materials,  except  in  the  public  hallways. 

*  *  Guest ' '  is  any  person  hiring  and  occupying  a  room  for  sleeping  purposes,  and  shall 
include  both  boarders  and  lodgers. 

"Guest  room"  is  a  room  which  is  occupied,  or  is  intended,  arranged  or  designed 
to  be  occupied  for  sleeping  purposes  by  one  or  more  guests,  but  shall  not  be  deemed 
to  include  dormitories  used  for  sleeping  purposes. 

Hotel. 

"Hotel"  is  any  house  or  building,  or  portion  thereof,  containing  six  or  more  guest 
rooms  which  are  let  or  hired  out  to  be  occupied,  or  which  are  occupied  by  six  or  more 
guests,  whether  the  compensation  for  hire  be  paid  directly  or  indirectly  in  money, 
goods,  wares,  merchandise,  labor  or  otherwise,  and  shall  include  Turkish  baths,  bachelor 
hotels,  studio  hotels,  public  and  private  clubs  and  any  building  of  any  nature  whatso- 
ever so  designed  or  occupied,  except  hospitals  where  persons  temporarily  reside  and 
where  each  such  person  receives  regular  bona  fide  medical  attendance  on  the  premises, 
and  jails,  detention  buildings  and  similar  buildings  where  human  beings  are  housed 
and  detained  under  restraint. 

"Housing  department"  is  any  department  or  commission  charged  with  the  enforce- 
ment of  ordinances  or  laws  regulating  the  occupancy  and  maintenance  of  hotel,  lodging 
house  or  dwelling  house  buildings;  and  where  no  such  department  is  maintained,  shall 
be  deemed  to  be  the  health  commissioner,  the  department  of  health,  health  officer,  or 
similar  department  charged  with  the  enforcement  of  laws  and  ordinances  relating  to 
the  protection  of  the  public  health. 

Lot. 

"Lot"  is  a  parcel  or  area  of  land  on  which  is  situated  a  hotel,  together  with  the 
land,  yards,  courts  and  unoccupied  spaces  for  such  a  hotel  as  required  by  this  act;  all 
of  which  land  shall  be  owned  by  or  be  under  the  absolute  lawful  control  and  in  the 
lawful  possession  of  the  hotel. 

A  lot  situated  at  the  junction  of  two  or  more  intersecting  streets,  with  a  boundary 
line  thereof  bordering  on  each  of  the  two  streets,  is  a  "corner  lot."  All  parts  of  the 
width  of  such  corner  lot  which  are  distant  more  than  seventy-five  feet  from  the  junc- 
tion point  of  the  two  or  more  intersecting  streets,  shall  be  deemed  to  be  an  "interior 
lot."  The  owner  or  his  authorized  agent  may  designate  either  street  frontage  as  being 
the  front  of  such  corner  lot  for  the  purpose  of  determining  the  width  thereof. 


ji 


1037  HOTELS.  Act  2026 

A  lot  which  has  only  one  boundary  line  bordering  on  a  public  street  is  an 
"interior  lot." 

"Rear  lot"  is  a  parcel  or  area  of  land  having  no  boundary  line  bordering  on  a  street, 
or  having  less  than  one-half  of  its  width  as  a  boundary  line  bordering  on  a  street. 

"Front  of  lot"  is  the  boundary  line  of  lot  bordering  on  the  street.  In  case  of  a 
corner  lot,  either  of  the  boundary  lines  may  be  the  "front  of  lot," 

"Rear  of  lot"  is  the  boundary  line  thereof  opposite  the  "front  of  lot." 

"Depth  of  lot"  is  the  mean  distance  from  the  "front  of  lot"  to  the  "rear  of  lot." 

"Nuisance"  embraces  public  nuisance  as  known  at  common  law  or  in  equity  juris- 
prudence, and  whatever  is  dangerous  to  human  life  or  detrimental  to  health;  and  shall 
also  embrace  the  overcrowding  with  occupants  of  any  room,  insufficient  ventilation,  or 
illumination,  or  inadequate  or  insanitai'y  sewerage  or  plumbing  facilities,  or  uncleanli- 
ness,  and  whatever  renders  air,  food  or  drink  unwholesome  or  detrimental  to  the 
health  of  human  beings. 

"Person"  is  the  natural  person,  his  heirs,  executors,  administrators  or  assigns;  also 
includes  a  firm,  partnership,  or  corporation,  its  or  their  successors  or  assigns. 

"Public  hallway"  is  a  hallway,  corridor,  passageway  or  vestibule  not  within  a  suite, 
and  includes  stairways,  landings  and  platforms. 

"Rear  hotel"  is  a  hotel  on  a  "rear  lot." 

Semifireproof  hotel. 

" Semifireproof  hotel"  is  a  building  with  all  exterior  walls  and  walls  of  inner  and 
outer  courts  constructed  of  brick,  stone,  concrete,  reinforced  concrete  or  hollow  terra 
cotta  tile,  except  that  the  walls  of  the  inner  court,  which  court  is  surrounded  on  four 
sides  by  the  same  building,  may  be  constructed  as  provided  in  this  act  for  such  inner 
courts;  interior  partitions  and  floors  constructed  of  approved  incombustible  materials  or 
of  wood,  with  all  ceilings,  partitions,  soffits  of  stairways,  and  outside  stringers  of  open 
stairways  and  stair  wells  metal  lathed  and  plastered  not  less  than  three-quarters  inch 
thick  including  the  lath,  or  lathed  with  approved  plaster  board,  plastered  not  less  than 
three-quarters  inch  thick  including  the  plaster  board;  in  which  all  finished  floors, 
frames,  doors  and  the  usual  trim  of  rooms  and  hallways  may  be  built  of  wood,  and  the 
roof  of  which  shall  be  covered  with  at  least  a  composition  fire-retardant  material. 

"Shall."    Whenever  this  word  is  used  it  shall  be  mandatory. 

Street. 

"Street"  is  any  public  street,  alley,  thoroughfare  or  park  having  a  minimum  width 
of  sixteen  feet,  measured  from  the  "front  of  lot"  to  the  opposite  "front  of  lot" 
and  which  shall  have  been  dedicated  or  deeded  to  the  public  for  public  use. 

"Turkish  bath"  is  a  dormitory  or  a  combination  of  guest  rooms,  accommodating 
six  (6)  or  more  guests,  in  connection  with  which  any  form  of  bath  or  massage  is  given 
by  the  attendants  to  the  guests. 

Wooden  hoteL 

"Wooden  hotel"  is  a  building  which  does  not  fully  comply  with  the  requirements 
for  a  fireproof  or  semifireproof  hotel  as  defined  in  this  act,  and  shall  include  all  frame 
and  all  veneered  buildings.  In  every  such  building  all  ceilings  and  walls  and  partitions 
of  public  hallways,  soffits  of  interior  stairways  and  the  outside  stringers  of  open  stair- 
ways and  stair  wells  shall  be  metal  lathed  and  plastered  not  less  than  three-quarters 


Aot  2026.  §§  11, 12  GENERAL.   LAWS.  103S 

inch  thick  including  the  lath,  or  lathed  with  an  approved  plaster  board  and  be  plastered 
not  less  than  three-quarters  inch  thick  including  the  plaster  board. 

Yard. 

"Yard"  is  an  open  unoccupied  space  other  than  a  court  on  the  lot  on  which  is  situ- 
ated a  hotel,  open  and  unobstructed  to  the  sky  from  a  point  not  more  than  two  feet 
above,  the  floor  line  of  the  lowest  story  in  the  building  in  which  there  are  windows  from 
rooms  abutting  the  said  yard;  except  that  outside  stairways,  platforms  and  balconies 
constructed  of  open  metal  work  and  fire  escapes  may  extend  not  more  than  four  feet 
into  a  yard,  providing  they  do  not  in  any  manner  obstruct  the  light  or  ventilation  of 
rooms.  If  such  yard  is  between  the  front  line  of  the  building  and  the  front  boundary 
line  of  the  lot,  it  is  a  "front  yard."  If  it  is  between  the  extreme  rear  line  of  the 
building  and  the  rear  of  the  lot,  it  is  a  "rear  yard."  If  it  extends  from  the  rear  yard 
to  the  front  yard,  or  front  of  lot,  it  is  a  "side  yard.'* 

Front  yard. 

$  11.  No  hotel  shall  hereafter  be  erected  on  or  moved  onto  a  rear  lot.  No  building 
for  any  purpose  shall  hereafter  be  erected  in  front  of  any  hotel  unless  there  shall 
be  left  unoccupied  a  front  yard  extending  from  the  front  of  the  rear  hotel  to  the  front 
line  of  lot  bordering  on  the  street. 

Such  front  yard  shall  not  be  in  any  part  less  in  width  than  fifty  (50)  per  cent  of  the 
actual  width  of  the  rear  hoteL 

Height. 

$  12.  No  fireproof  hotel  hereafter  erected  shall  exceed  one  hundred  fifty  feet  in 
height,  nor  more  than  one  and  one-half  times  the  width  of  the  widest  street  to  which 
the  lot  on  which  it  is  situated  abuts. 

No  semifireproof  hotel  building  hereafter  erected  shall  exceed  six  stories  at  any 
point,  nor  more  than  sixty-five  feet  in  height  (except  os  hereinafter  provided),  nor 
more  than  one  and  one-half  times  the  width  of  the  widest  street  to  which  the  lot  on 
which  it  is  situated  abuts. 

No  wooden  hotel  hereafter  erected  shall  exceed  three  stories  at  any  point,  nor  more 
than  thirty-six  feet  in  height  (except  as  hereinafter  provided),  nor  more  than  one  and 
one-half  times  the  width  of  the  widest  street  to  which  the  lot  on  which  it  is  situated 
abuts. 

The  width  of  the  street,  for  this  purpose,  shall  be  measured  from  the  extreme  front 
of  the  building  to  the  "front  of  lot"  opposite,  across  the  street. 

Height  defined. 

For  the  purposes  of  this  section,  a  basement  is  a  story. 

The  height  of  a  fireproof  hotel  is  the  perpendicular  distance  from  the  curb  level  or 
adjoining  ground  levels  to  the  highest  point  of  the  roof.  The  height  of  a  semifireproof 
or  of  a  wooden  hotel  is  the  perpendicular  distance  from  the  curb  level  or  adjoining 
ground  levels  to  the  lowest  point  of  the  finished  ceiling  of  the  top  story;  provided,  that 
in  the  case  of  a  semifireproof  hotel  situated  on  a  lot  with  the  ground  sloping  downward 
from  the  facade  at  which  the  measurement  is  taken  the  height  of  the  building  shall  not 
at  any  point  exceed  sixty-five  feet  above  the  curb  level  measured  on  the  facade  facing 
the  street,  nor  shall  the  height  of  the  building  at  any  point  of  the  grade  exceed  seventy- 
five  feet  above  the  adjoining  curb  in  ease  of  a  corner  lot,  or  above  the  level  of  the 
ground  in  the  case  of  an  interior  lot,  and  in  the  case  of  a  wooden  hotel  situated  on  a 
lot  with  the  ground  sloping  downwards  from  the  facade  at  which  the  measurement  is 
taken  the  height  of  the  building  shall  not  at  any  point  exceed  thirty-six  feet  above  the 


1039  HOTE^LS.  Act  2026,  §§  13^S 

curb  line  measured  on  the  facade  facing  the  street,  nor  shall  the  height  of  the  building 
at  any  point  of  the  grade  exceed  forty-six  feet  above  the  adjoining  curb  in  the  case 
of  a  corner  lot  or  above  the  level  of  the  ground  in  the  case  of  an  interior  lot. 

Yard  serving  two  hotels. 

$  13.  In  no  event  shall  any  yard  or  court  be  made  to  serve  the  purpose  of  two  hotels 
hereafter  erected,  or  of  an  existing  hotel  and  a  hotel  hereafter  erected,  unless  such  yard 
or  court,  as  the  case  may  be,  is  of  the  full  size  required  for  two  hotels,  and  then  only 
in  the  event  that  such  yard  or  court,  as  the  case  may  be,  is  located  on  the  same  lot 
and  owned  by  or  in  the  absolute  lawful  control  and  in  the  lawful  possession  of  the  hotel 
it  proposes  to  serve. 

Distance  hetween  buildings. 

Where  a  hotel,  now  or  hereafter  erected,  stands  upon  a  lot,  no  other  building  shall 
hereafter  be  placed  upon  the  front  or  rear  of  that  lot,  unless  the  minimum  distance 
between  such  buildings  shall  be  at  least  ten  feet  and  two  additional  feet  shall  be  added 
to  such  minimum  distance  of  ten  feet  for  every  story  more  than  one  in  height  of  the 
highest  building  on  such  lot. 

Depth  of  rear  yard. 

$  14.  The  depth  of  a  rear  yard  shall  be  measured  at  right  angles  from  the  extreme 
rear  line  of  the  building  towards  the  rear  lot  line. 

Minimum  size  of  rear  yard. 

$  15.  The  minimum  size  of  every  rear  yard  for  a  hotel  hereafter  erected  shall  be 
not  less  in  width  and  in  area  than  an  inner  court,  except  that  if  such  rear  yard  is 
bounded  on  its  entire  one  end  or  side  by  an  outer  court,  or  by  a  side  yard  or  by  a 
street,  or  by  a  public  alley  or  park,  then  such  rear  yard  shall  be  not  less  in  width  or 
exceed  the  maximum  length  of  an  outer  court;  provided,  however,  that  if  the  lot 
extends  through  from  one  street  to  another  street  or  public  alley,  one-half  of  the 
narrowest  street  or  public  alley,  to  which  said  lot  abuts  may  be  considered  as  a  part 
of  the  lot  in  computing  the  rear  yard  required. 

Passageway  to  street. 

^  16.  Every  rear  yard  not  bordering  on  a  street  or  public  alley  and  without  direct 
access  thereto  shall  have  access  to  a  street  or  public  alley  by  means  of  an  unobstructed 
passageway  not  less  than  three  feet  six  inches  in  clear  width,  nor  less  than  seven  feet 
in  clear  height;  and  if  such  passageway  or  any  portion  thereof  passes  through  a 
building,  such  portion  thereof  shall  be  built  of  approved  incombustible  materials,  or 
shall  be  lathed  with  metal  lath  or  approved  plaster  board  and  be  plastered  not  less 
than  three-quarters  inch  thick  including  the  lath  or  plaster  board,  or  shall  be  lined  with 
not  less  than  number  twenty-six  (gauge)  galvanized  iron,  and  shall  be  drained  and 
lighted. 

Excavated  front  yard. 

§  17.  Every  front  yard  which  is  excavated  below  the  level  of  the  curb  or  below  the 
adjoining  ground  level  for  the  purpose  of  furnishing  light  and  ventilation  to  a  base- 
ment shall  in  no  part  be  less  in  width  and  length  than  required  for  outer  courts. 

Width  of  side  yard. 

5  18.  The  width  of  every  side  yard  shall  be  not  less  than  the  width  required  for  an 
outer  court,  except  that  the  provisions  of  this  act  regarding  the  maximum  lengths  of 
an  outer  court  shall  not  apply  to  a  side  yard;  provided,  that  if  there  is  a  side  yard  on 
both  sides  of  the  building  connected  one  with  the  other  across  the  rear  of  the  building 
■ly  the  rear  yard,  then  the  width  of  the  side  yards  may  be  reduced  twelve  inches. 


Act  2026,  §g  10,  20 


GENERAL  LAWS. 


1040 


Minimum  size  of  outer  court. 

$  l9.     The  minimum  size  of  every  outer  court  for  a  hotel  hereafter  erected  shall  be 
as  follows: 


Height  of  building  based  on  the  full  number  of  stories  in 
the   buildi7ig    measured   upward   from   and  including    the 
lowest   story   in   which   there   is   a   guest   room,   or   guest 
rooms,  or  a  dormitory  or  dormitories. 

Minimum 

width  of 

court 

Maximum 

length  of 

court 

1  story 

4  ft.  0  in. 
4  ft.  0  in, 

4  ft.  6  in. 

5  ft.  6  in. 

6  ft.  0  in. 
8  ft.  0  in. 

10  ft.  0  in. 

12  ft.  0  in. 

13  ft.  0  in. 

14  ft.  0  in. 

16  ft.  0  in. 

2  stories 

16  ft    0  in. 

3  stories  

25  ft.  0  in. 

4  stories  

30  ft.  0  in. 

5  stories 

35  ft.  0  in. 

6  stories 

35  ft.  0  in. 

7  stories 

40  ft.  0  in. 

8  stories 

40  ft.  0  in. 

9  stories 

40  ft.  0  in. 

10  or  more  stories 

40  ft.  0  in. 

There  shall  be  added  to  the  minimum  width  of  each  such  outer  court  six  inches  for 
each  five  feet  or  fractional  part  thereof  in  excess  of  the  maximum  length;  provided, 
however,  that  the  maximum  lengths  herein  provided  shall  not  apply  when  the  outer 
court  is  bounded  on  one  side  for  its  entire  length  by  a  lot  line;  provided,  further,  that 
if  an  outer  court  is  bounded  by  a  public  alley  or  public  park,  the  width  of  such  publif 
alley  or  public  park  may  be  considered  a  part  of  the  lot  in  determining  the  required 
width  of  the  outer  court. 


Minimum  size  of  inner  court. 

§  20.     The  minimum  size  of  every  inner  court  for  a  hotel  hereafter  erected  shall  be 
as  follows: 


Height  of  building  based  on  the  full  number  of  stories  in  the 
building  measured  upward  from  and  including  the  loioest 
story  in  which  there  is  a  guest  room,  or  guest  rooms,  or  a 
dormitory  or  dormitories 

1  story 

2  stories 

3  stories 

4  stories 

5  stories 

6  stories 

7  stories 

8  stories  and  more 


Minimum 

width  of 

court 


6  ft.  0  in, 

6  ft,  0  in. 

7  ft.  0  in. 

8  ft.  0  in. 
12  ft.  0  in. 
16  ft.  0  in. 
20  ft.  0  in. 
24  ft.  0  in. 


Minim,um 
area  of  court 
in  square  feet 


75  square  feet 
75  square  feet 
120  square  feet 
160  square  feet 
250  square  feet 
400  square  feet 
625  square  feet 
840  square  feet 


provided,  however,  that  the  minimum  size  of  every  inner  court  which  is  bounded  on  one 
side  for  its  entire  length  by  a  lot  line  may  be  as  follows : 


Height  of  building  based  on  the  full  number  of  stories  in  the 
building  measured  upward  from  and  including  the  lowest 
story  in  which  there  is  a  guest  room,  or  guest  rooms,  or  a 
dormitory  or  dormitories 

1  story 

2  stories 

3  stories 

4  stories 

5  stories 

6  stories 

7  stories 

8  stories  and  more 


Minimum 

width  of 

court 


5  ft.  0  in. 

5  ft.  0  in. 

6  ft.  0  in, 

7  ft,  0  in, 
9  ft.  0  in. 

16  ft,  0  in. 
20  ft.  0  in, 
24  ft.  0  in. 


Minimum 
area  of  court 


75  square  feet 
75  square  feet 
120  square  feet 
160  square  feet 
250  square  feet 
400  square  feet 
625  square  feet 
840  square  feet 


1041 


HOTELS. 


Act  2026,  §g  21-23 


Every  inner  court  hereafter  constructed  and  every  inner  court  or  vent  shaft  now  in 
any  hotel  or  lodging  house  shall  be  provided  with  a  door  or  window  at  or  near  the  bot- 
tom thereof,  giving  sufficient  access  to  such  court  or  vent  shaft  as  to  enable  it  to  be 
properly  cleaned  out. 

Recess. 

$  21.  Every  recess  from  a  court,  yard  or  street  in  a  hotel  hereafter  erected  shall 
unless  it  conforms  to  the  requirements  of  this  act  for  an  inner  court,  or  an  outer  court, 
be  not  less  in  width  than  its  depth.  Every  such  recess  shall  be  open  and  unobstnicted 
from  a  point  not  more  than  two  feet  above  the  floor  line  of  the  lowest  story  in  the 
building  in  which  there  are  rooms  the  said  recess  proposes  to  serve. 

Intakes  for  inner  court. 

$  22.  Every  inner  court  in  a  hotel  of  two  or  more  stories  in  height  hereafter  erected 
shall  be  provided  with  one  or  more  horizontal  intakes  at  the  bottom  of  the  court,  as 
follows : 


Inner  court  areas 

Minimum 

number  of 

intalces 

Net  aggre- 
gate area  of 
intakes 

Each  not  exceeding  300  square  feet     

One 
Two 
Two 

19J   square  feet 
40     square  feet 
60     square  feet 

Each  not  exceeding  800  square  feet 

Each  exceeding:  800  square  feet 

Every  such  intake  shall  always  extend  directly  to  the  front  of  lot  or  front  yard,  or 
rear  yard,  or  to  a  side  3'ard,  or  to  a  street,  or  to  a  public  alley  or  park.  Whenever 
more  than  one  intake  is  required,  one  such  intake  shall  extend  to  the  front  of  lot  or 
front  yard,  and  one  to  the  rear  yard,  public  alley,  public  park,  or  to  the  other  street, 
and  the  court  ends  of  the  air  intakes  shall  be  as  far  apart  as  possible. 

Each  such  intake  shall  consist  of  an  unobstructed  duct  or  passageway  having  a  mini- 
mum width  of  three  feet  in  all  its  parts  and  a  minimum  height  of  six  feet  six  inches. 

Construction. 

Every  such  intake  shall  be  constructed  of  approved  incombustible  materials,  or  shall 
be  lined  with  at  least  number  twenty-six  (gauge)  galvanized  iron  on  the  inside  thereof. 
Such  air  intakes  may  be  closed  at  each  end  with  a  gate  or  grill  having  not  less  than 
seventy-five  per  cent  of  open  work. 

In  case  the  inner  court  does  not  extend  below  the  second  floor  level,  then  each  such 
air  intake  may  consist  of  an  unobstructed  open  duct,  constructed  of  approved  incom- 
bustible materials  or  lined  with  at  least  number  twenty-six  (gauge)  galvanized  iron 
on  the  inside  thereof,  having  an  interior  area  of  not  less  than  nineteen  and  one-half 
square  feet,  and  in  no  dimension  less  than  twelve  inches,  and  covered  at  each  end  with 
a  wire  screen  of  not  less  than  one  inch  mesh. 

Every  air  intake  shall  be  drained  and  so  constructed  and  arranged  as  to  be  readily 
cleaned  out. 

Cellars. 

§  23.  In  no  hotel  shall  any  room  in  the  cellar  be  constructed,  altered,  converted  or 
occupied  for  sleeping  purposes. 

Every  cellar  shall  be  illuminated  and  ventilated.  The  walls  and  floor  of  every  cellar 
hereafter  constructed,  which  are  below  the  ground  level,  shall  be  made  waterproof  and 
dampproof,  and  whenever  deemed  necessary  and  so  ordered  by  the  department  charged 
with  the  enforcement  of  this  act,  the  walls  and  ceilings  thereof  shall  be  plastered. 

Gea.  Laws — 66 


Act  2026,  §§  24, 25  GKNERAL.  LAWS.  1042 

Basements. 

^  24.  In  no  hotel  shall  any  room  in  the  basement  be  constructed,  altered,  converted 
or  occupied  for  sleeping  purposes,  unless  such  room  conforms  to  all  of  the  requirements 
of  this  act  for  rooms  in  other  parts  of  the  building,  and  that  ceiling  of  each  such  room 
be  in  all  parts  not  less  than  seven  feet  above  the  adjoining  ground  level. 

Every  basement  shall  be  illuminated  and  ventilated.  The  walls  and  floors  of  every 
basement  hereafter  constructed,  which  are  below  the  ground  level,  shall  be  made  water- 
proof and  dampproof,  and  whenever  deemed  necessary  and  so  ordered  by  the  depart- 
ment charged  with  the  enforcement  of  this  act,  the  walls  and  ceilings  thereof  shall  be 
plastered. 

Ventilation  beneath  floor. 

$  25.  In  every  hotel  hereafter  erected,  the  lowest  floor  thereof  shall  be  at  least 
eighteen  inches  above  the  surface  soil  adjoining  and  under  the  floor,  and  the  entire 
space  under  such  floor  shall  be  kept  dry,  drained,  clean  and  free  from  any  accumula- 
tion of  rubbish,  debris  or  filth.  S 

Such  space  under  the  floor  shall  be  enclosed  and  provided  with  a  sufficient  number 
of  openings  with  removable  screens  or  similar  provisions  of  a  size  to  insure  ample 
ventilation;  provided,  however,  that  in  any  such  building  the  lowest  floor  thereof  may 
be  less  than  eighteen  inches  above  the  surface  soil  but  in  no  case  less  than  six  inches 
(except  where  masonry  floors  are  laid  directly  on  the  soil)  if  the  said  floor  is  made 
impervious  to  the  ingress  of  rats  or  other  vermin,  as  follows: 

Floor  made  impervious  to  rats.  ^  I 

(a)  Foundation  walls  shall  be  constructed  of  concrete  or  of  brick  or  stone  or  other      •aI 

masonry  laid  in  a  good  mortar  or  constructed  of  some  other  equally  as  rat  proof 

material. 


(b)  The  said  foundation  walls  shall  be  not  less  than  six  inches  in  thickness  at  the 
top  nor  less  than  twelve  inches  in  thickness  at  the  bottom,  nor  extend  less  than  twelve 
inches  below  the  surface  soil,  and  except  where  masonry  floors  are  laid  directly  on  the 
soil,  shall  extend  not  less  than  six  inches  above  the  surface  soil. 

(c)  Every  opening  in  the  foundation  walls,  for  ventilation  or  for  other  purjioses, 
shall  be  made  rat  proof  with  suitable  metal  screens  or  with  some  other  similar  rat  proof 
material.  Door  or  window  openings  in  such  walls  shall  have  tight-fitting  doors  or 
windows. 

(d)  The  said  lowest  floor  or  differing  levels  thereof,  forming  a  complete  floor  between 
the  outside  walls  of  the  building,  shall  be  constructed  either  of  masonry  or  covered  with 
concrete  not  less  than  one  and  one-half  inches  thick,  or  constructed  of  two  layers  of 
flooring  with  a  layer  of  galvanized  iron  or  galvanized  iron  wire  cloth  or  other  approved 
equally  as  ratproof  material  placed  between  the  two  layers  of  flooring.  Or  in  lieu  of 
the  floor  being  constructed  as  herein  prescribed,  the  entire  ground  area  under  the  floor 
shall  be  covered  with  concrete  not  less  than  two  inches  thick,  except  where  the  surface 
of  the  soil  is  composed  of  rock.  The  ratproofing  material  shall  always  extend  under 
the  plates  of  the  exterior  walls  and  supporting  partitions. 

(e)  All  openings  throughout  the  said  floor  for  chimneys,  plumbing,  water  pipes  or 
for  any  other  purpose,  shall  be  closed  up  tight  in  the  same  manner  and  with  the  same 
kind  of  materials  as  required  under  the  plates  of  the  exterior  walls  and  supporting 
partitions,  and  if  the  rat-proofing  material  used  for  the  closing  of  openings  is  other 
than  masonry,  it  shall  extend  beyond  and  underlap  the  flooring  all  around  the  opening, 
not  less  than  two  inches. 


T^l 


1043  HOTELS.  Act  2026.  gg  26, 27 

Floor  area  of  guest  room.    Width  and  height.    Curtains. 

$  26.  In  every  hotel  hereafter  erected,  every  guest  room  shall  contain  not  less  than 
ninety  square  feet  of  superficial  floor  area.  Every  such  room  shall  at  every  point  be  not 
less  than  seven  feet  in  width,  nor  less  than  nine  feet  in  height,  measured  from  the 
finished  floor  to  the  flnished  ceiling;  except  that  attic  rooms  and  rooms  where  sloping 
ceilings  occur  need  be  nine  feet  in  height  in  but  one-half  the  area  of  the  room. 

Every  water-closet  compartment  shall  be  not  less  than  thirty-six  inches  in  clear 
width,  and  every  such  water-closet  compartment,  bath  or  slop-sink  compartment,  or 
closet  or  recess  from  a  room,  or  dressing  room  shall  have  a  height  of  not  less  than  seven 
feet  six  inches,  measured  from  the  finished  floor  to  the  finished  ceiling. 

Every  closet,  recess  from  a  room,  or  dressing  room  which  contains  more  than  twenty- 
five  square  feet  of  superficial  floor  area  (built-in  dressers,  clothes  presses  and  similar 
features  which  are  a  substantial  part  of  the  structure  shall  not  be  deemed  to  be  a 
part  of  the  floor  area  of  a  closet,  recess  from  a  room,  or  dressing  room),  shall  conform 
to  all  of  the  provisions  of  this  act  as  to  guest  rooms,  and  shall  contain  not  less  than 
ninety  square  feet  of  superficial  floor  area. 

No  part  of  any  room  in  any  hotel  shall  hereafter  be  enclosed  or  subdivided  wholly 
or  in  part,  by  a  curtain,  portiere,  fixed  or  movable  partition,  or  other  contrivance  or 
device,  for  any  purpose,  contrary  to  any  of  the  provisions  of  this  act. 

Entertainment,  amusement  or  reception  rooms,  or  public  dining  rooms,  hereafter  con- 
structed, altered  or  converted  in  any  hotel  -shall  conform  to  the  provisions  of  section 
thirty  of  this  act. 

Dormitories  hereafter  constructed,  altered  or  converted  in  any  hotel  shall  conform 
to  the  provisions  of  section  sixty-two  of  this  act. 

Windows. 

$  27.  In  every  hotel  hereafter  erected,  every  guest  room,  dormitory,  kitchen,  scullery, 
pantry  or  other  room  in  which  food  is  stored  or  prepared,  public  dining  room,  laundry, 
barber  shop,  Turkish  baths,  general  amusement,  entertainment  or  reception  room, 
water-closet  or  shower  compartment,  bath,  toilet  or  slop-sink  room  and  general  utility 
room  shall  have  at  least  one  window,  of  the  area  hereinafter  required,  opening  directly 
upon  a  street,  or  upon  a  yard  or  court  of  the  dimensions  specified  in  this  act  and 
located  on  the  same  lot. 

All  windows  required  by  this  act  shall  be  located  so  as  to  properly  light  all  portions 
of  the  room  and  shall  be  made  so  as  to  open  in  all  parts  and  be  so  arranged  that  at 
least  one-half  of  the  window  may  be  opened  unobstructed. 

Opening  into  vent  shaft. 

The  windows  required  by  this  section  in  a  water-closet  or  shower  compartment,  bath, 
toilet  or  slop-sink  room  may  open  directly  int  a  vent  shaft  in  lieu  of  a  street,  yard  or 
court.  Such  vent  shaft  to  be  not  less  than  of  the  minimum  size,  and  constructed  of  the 
materials  and  in  the  manner  prescribed  by  section  fifty-seven  of  this  act,  or  such  rooms 
or  compartments,  in  lieu  of  being  provided  with  windows  may  be  ventilated  by  an  ex- 
haust system  of  ventilation  installed,  constructed  and  maintained  as  prescribed  by 
section  sixty-one  hereof. 

Opening  through  porch. 

The  windows  required  by  this  section  to  open  onto  a  street,  yard,  or  an  outer  court, 
except  windows  from  kitchens,  may  open  through  porches,  provided  that  said  porches 
do  not  exceed  seven  feet  in  depth,  measured  at  right  angles  to  the  windows  and  that  at 
least  seventy-five  per  cent  of  the  entire  side  of  the  porch,  bounded  by  the  street,  yard, 
or  outer  court,  is  left  open  except  that  the  open  space  may  be  enclosed  with  mosquito 
screens. 


Act  2026.  §§  28-31  GENERAL   LAWS.  1&14 

Ventilation  by  exhaust  system. 

Kitchens,  sculleries,  pantries  or  other  rooms  used  for  cooking,  storing  or  preparing 
of  food,  public  dining  rooms,  laundries,  barber  shops,  Turkish  baths,  general  amuse- 
ment or  reception  rooms  and  general  utility  rooms,  in  lieu  of  windows  may  be  ventilated 
by  an  exhaust  system  of  ventilation  installed,  constructed  and  maintained  as  prescribed 
by  section  sixty-one  hereof. 

Window  area« 

§  28.  In  every  hotel  hereafter  erected,  the  total  window  area  in  each  guest  room, 
kitchen,  scullery,  pantry  or  other  room  in  which  food  is  stored  or  prepared,  laundry, 
barber  shop,  Turkish  bath,  or  general  utility  room,  shall  be  at  least  one-eighth  of  the 
superficial  floor  area  of  the  room. 

The  aggregate  window  area  in  each  room  shall  be  not  less  than  twelve  square  feet  and 
no  single  window  shall  be  less  than  six  square  feet  in  area. 

All  measurements  for  window  area  shall  be  taken  to  the  outside  of  the  sash. 

The  window  area  required  for  dormitories,  entertainment,  amusement,  reception  or 
dining  rooms  shall  be  as  hereinafter  provided. 

$  29.  In  every  hotel  hereafter  erected  each  window  in  a  water-closet  compartment, 
bath,  toilet  or  slop-sink  room,  or  shower  room,  shall  be  not  less  than  three  square  feet 
in  area.  The  aggregate  area  of  windows  for  each  such  compartment  or  room  shall  be 
not  loss  than  six  square  feet.  In  each  such  compartment  or  room  containing  more  than 
one  water-closet,  bath,  urinal  or  slop-sink,  the  aggregate  window  area  shall  be  equiva- 
lent to  three  square  feet  for  each  water-closet,  bath,  urinal  or  slop-sink  therein; 
except  that  at  no  time  need  the  aggregate  window  area  exceed  one-fourth  of  the  super- 
ficial floor  area  of  such  compartment  or  room. 

Total  window  area  in  dining  room,  etc. 

$  30.  In  every  hotel  hereafter  erected  the  total  window  area  in  each  room  used  for 
the  purpose  of  entertainment,  amusement,  reception  or  dining  room,  which  room  has  a 
superficial  floor  area  not  exceeding  one  hundred  eighty  square  feet,  shall  be  at  least  one- 
eighth  of  the  superficial  floor  area  of  such  room. 

Every  such  room  which  has  a  superficial  floor  area  exceeding  one  hundred  eighty 
square  feet  shall  have  an  aggregate  window  area  not  less  than  that  required  for  a  room 
of  one  hundred  eighty  square  feet  of  superficial  floor  area. 

Height  of  rooms. 

Every  such  entertainment,  amusement,  reception  or  dining  room  shall  have  a  minimum 
height  between  the  finished  floor  and  the  finished  ceiling  of  not  less  than  nine  feet.  No 
such  room  or  part  thereof  shall  be  used  for  sleeping  purposes,  except  that  said  room  or 
part  thereof  complies  with  all  of  the  other  provisions  of  this  act  for  guest  rooms. 

Windows  in  public  hallway. 

$  31.  In  every  hotel  hereafter  erected  every  public  hallway,  on  any  floor  where  there 
are  more  than  five  guest  rooms,  shall  have  at  least  one  window,  opening  directly  upon  a 
street,  or  upon  a  yard  or  a  court,  of  the  dimensions  specified  in  this  act  and  located  on 
the  same  lot;  such  windows  shall  be  at  the  end  of  the  public  hallway  and  placed  so  as 
to  secure  the  maximum  light  into  the  hallway;  provided,  however,  that  in  hotels  not 
exceeding  two  stories  in  height  the  public  hallway  may,  in  lieu  of  such  windows,  be 
lighted  and  ventilated  by  one  or  more  skylights  contructed  in  accordance  with  the  pro- 
visions of  this  act. 

Every  window  required  by  this  act  in  a  public  hallway  shall  be  not  less  than  twenty- 
nine  inches  in  clear  width,  nor  less  than  fifty-eight  inches  in  height,  and  the  finished  sill 
of  same  shall  be  not  more  than  thirty  inches  above  the  adjoining  finished  floor. 


1045  HOTELS.  Act  2026,  g§  32,  33 

Eveiy  window  shall  be  made  so  as  to  open,  and  so  arranged  that  at  least  one-half  of 
the  window  may  be  opened  unobstructed. 

Skylights. 

Ever\'  skylight  provided  for  in  this  section  shall  have  an  effective  horizontal  area  of 
glass  of  not  less  than  fifteen  square  feet,  and  shall  have  ridge  ventilators  or  fixed  or  mov- 
able louvres  so  as  to  provide  a  ventilating  area  of  not  less  than  five  hundred  square 
inches.  Such  skylights  shall  be  so  located  that  no  portion  of  the  hallway  be  distant 
more  than  twenty  feet,  measured  from  a  vertical  line,  from  a  skylight  opening. 

Any  part  of  a  public  hallway  which  is  offset,  recessed,  or  cut  off  from  any  other  part 
of  a  hallway  where  such  offset  or  recess  is  more  in  length  than  one  and  one-half  times 
the  width  of  the  public  hallway  from  which  it  offsets  or  recesses,  shall  be  deemed  a  sep- 
arate public  hallway  within  the  meaning  of  this  section. 

French  windows. 

French  windows  or  doors,  if  arranged  to  open  and  glazed  to  give  the  areas  of  open- 
ing and  glass  required  by  this  act  for  windows  in  public  hallways,  may  be  used  in  lieu 
of  windows  therein. 

Ventilating  skylight. 

§  32.  In  every  hotel  two  or  more  stories  in  height  hereafter  erected,  where  there  are 
more  than  five  guest  rooms  on  any  one  floor,  there  shall  be  provided  at  the  roof  over 
each  stairway  a  ventilating  skylight,  placed  directly  as  practicable  over  same,  having  a 
minimum  effective  horizontal  area  of  glass  af  least  twenty  square  feet  in  area  for  build- 
ings two  stories  in  height,  and  the  area  of  glass  in  such  skylight  shall  be  increased  at 
the  ratio  of  six  square  feet  for  each  additional  story  in  height.  In  every  such  skylight 
the  ventilating  area  shall  be  not  less  than  five  hundred  square  inches. 

Every  such  skylight,  ventilating  openings,  shutters  and  closing  and  opening  devices 
for  the  ventilating  openings,  shall  be  made  of  approved  incombustible  materials,  and 
so  arranged  that  the  entire  ventilating  area  may  be  readily  opened  from  at  least  the 
topmost  and  first  story  levels;  except  that  in  hotels  not  exceeding  four  stories  in  height 
the  ventilators  may  be  arranged  so  as  to  open  from  at  least  the  first  story,  or  may  be 
fixed  permanently  in  an  open  position. 

Skylights  as  in  this  section  prescribed  may  be  omitted  in  case  that  windows  are  pro- 
vided of  the  size  fixed  by  section  thirty-one  hereof,  and  located  adjoining  the  stairways, 
and  that  each  window  adjoining  the  stairway  be  provided  with  an  open  louvre  or  ven- 
tilator providing  a  ventilating  area  of  not  less  than  one  hundred  square  inches  or  such 
louvre  or  ventilator  may  be  placed  in  the  roof  over  the  stairway  in  which  event  the 
ventilating  area  shall  be  not  less  than  five  hundred  square  inches. 

Whenever  a  skylight  is  required,  as  in  this  section  provided,  there  shall  be  constructei 
a  stair  well,  the  clear  open  area  of  which  shall  be  at  each  floor  equal  to  one-third  of  the 
area  of  the  glass  in  the  skylight. 

Water-closets.    Waterproof  floor. 

§  33.  In  every  hotel  hereafter  erected  there  shall  be  installed  not  less  than  one 
water-closet  in  a  separate  compartment,  located  on  the  public  hallway,  for  each  sex  on 
such  floor.  One  of  such  water-closets  shall  be  distinctly  marked  "for  men",  and  one  of 
the  water-closets  distinctly  marked  "for  women";  and  there  shall  be  installed  not  less 
than  one  water-closet  in  a  separate  compartment,  located  on  the  public  hallway,  for 
every  ten  guest  rooms,  or  fractional  part  thereof,  on  such  floor,  which  are  not  provided 
with  private  water-closets.  Each  of  the  said  water-closets  shall  be  accessible  from  each 
of  the  guest  rooms  through  the  public  hallway,  and  not  more  than  one  hundred  feet  dis- 
tant from  the  entrance  door  of  each  of  the  guest  rooms  the  said  water-closet  proposes 
to  serve. 


Act  202G.  §§  34, 35  GENERAL   LAWS.  1046 

In  every  hotel  hereafter  erected  there  shall  be  installed  not  less  than  one  water-closet 
for  every  twenty  employees  of  each  sex  in  said  building. 

No  door  or  other  opening  in  a  water-closet  or  urinal  compartment  shall  open  from 
or  into  any  room  in  which  food  is  prepared  or  stored. 

The  walls  enclosing  a  water-closet  compartment  shall  be  well  plastered,  or  constructed 
of  some  nonabsorbent  material,  except  that  the  ordinary  wood  trim  for  openings  may 
be  used  in  such  a  compartment.  Every  water-closet  compartment  shall  be  provided  and 
equipped  with  a  full  door,  properly  hung,  and  provided  with  a  lock  or  bolt  to  lock  same. 

The  floor  of  every  water-closet  compartment  hereafter  constructed  shall  be  made 
waterproof  with  asphalt,  tile,  marble,  terrazzo,  cement  or  some  other  similar  nonabsorb- 
ent material,  and  such  waterproofing  shall  extend  not  less  than  six  inches  on  the  vertical 
walls  of  the  comi^artment. 

In  hotel  already  erected. 

^  34.  In  every  hotel  erected  prior  to  the  passage  of  this  act  there  shall  be  installed 
not  less  than  one  water-closet  in  a  separate  compartment,  located  on  the  public  hallway 
for  each  sex;  one  of  such  water-closets  shall  be  distinctly  marked  "for  men,"  and  one 
of  the  water-closets  shall  be  distinctly  marked  "for  women";  and  there  shall  be  in- 
stalled not  less  than  one  water-closet  in  a  separate  compartment,  located  on  the  public 
hallway,  for  every  twelve  guest  rooms,  or  fractional  part  thereof,  on  such  floor,  which 
are  not  provided  with  water-closets;  provided,  however,  that  the  housing  department 
charged  with  the  enforcement  of  this  act  may  exempt  any  hotel  existing  at  the  time 
of  the  passage  of  this  act  from  fully  complying  with  the  provisions  of  this  paragraph 
when,  in  its  discretion,  such  deviation  will  not  be  detrimental  to  the  health  of  the  occu- 
pants thereof,  or  to  the  sanitation  of  the  said  hotel  or  premises;  provided,  further,  that 
no  such  exemption  shall  apply  to  any  addition  or  extension  to  a  hotel. 

Every  water-closet  hereafter  placed  in  a  hotel  erected  prior  to  the  passage  of  this 
act  shall  comply  with  every  provision  of  this  act  relative  to  water-closets  installed  in 
hotels  hereafter  erected,  except  that  if  a  water-closet  is  installed  in  the  top  story  of  any 
such  building,  the  compartment  in  which  it  is  installed  may  be  ventilated  by  a  skylight 
with  fixed  louvres  in  lieu  of  a  window;  provided,  however,  that  a  new  water-closet  may 
be  installed  to  replace  a  defective  or  antiquated  fixture  in  the  same  location.  No  door 
or  other  opening  in  a  water-closet,  privy,  or  urinal  compartment  shall  open  from  or  into 
a  room  ib  which  food  is  prepared  or  stored. 

Sewer  connection  required. 

Every  hotel  erected  prior  to  the  passage  of  this  act  or  hereafter  erected,  where  a  con- 
nection with  the  sewer  is  possible,  shall  discontinue  the  use  of  anj'  school  sink,  j^rivy 
vault  or  any  similar  receptacle  used  to  receive  fecal  matter,  urine  or  sewage,  and  every 
such  receptacle  shall  be  completely  removed  and  the  place  where  it  was  located  be  prop- 
erly disinfected.  All  such  receptacles  shall  be  replaced  by  individual  water-closets  of 
durable  nonabsorbent  material,  properly  connected,  trapped,  vented  and  provided  with 
flush  tanks,  the  same  as  is  required,  by  the  provisions  of  this  act,  in  hotels  hereafter 
erected. 

Bath  tub  or  shower. 

§  35.  In  ever^'  hotel  hereafter  erected  there  shall  be  installed  not  less  than  one  bath 
tub  or  shower,  in  a  separate  compartment,  located  on  the  public  hallway,  for  every  ten 
guest  rooms,  or  fractional  part  thereof,  not  provided  with  private  baths;  provided,  that 
the  said  bath  tub  or  shower  is  on  the  same  floor  and  is  accessible  from  each  guest  room 
through  the  public  hallway.  There  shall  also  be  installed  not  less  than  one  slop-sink  on 
each  floor. 


J047  HOTELS.  Act  2026,  §§  36-39 

The  walls  and  floors  to  every  bath,  shower  or  slop-sink  room  hereafter  constructed 
shall  be  waterproofed  and  shall  be  provided  with  doors  in  the  same  manner  as  required 
for  the  construction  of  water-closet  compartments  in  hotels  hereafter  erected. 

In  hotel  already  erected. 

$  36.  In  every  hotel  erected  prior  to  the  passage  of  this  act  there  shall,  be  installed 
not  less  than  one  bath  tub  or  shower,  in  a  separate  compartment,  located  in  the  public 
hallway,  for  every  twenty  guest  rooms,  or  fractional  part  thereof,  which  are  not  pro- 
vided with  private  baths;  provided,  that  the  said  bath  tub  or  shower  is  located  on  the 
same  floor  and  is  accessible  from  each  guest  room  through  the  public  hallway. 

There  shall  also  be  installed  not  less  than  one  slop-sink  on  each  floor;  provided,  how- 
ever, that  the  housing  department  charged  with  the  enforcement  of  this  act  may  exempt 
any  hotel  existing  at  the  time  of  the  passage  of  this  act  from  fully  complying  with  the 
provisions  of  this- section  when,  in  its  discretion,  such  deviation  will  not  be  detrimental 
to  the  health  of  the  occupants  thereof,  or  to  the  sanitation  of  the  said  hotel  or  premises; 
provided,  further,  that  no  such  exemption  shall  apply  to  any  addition  or  extension  to  a 
hoteL 

Running  water.    Sewer  connection. 

$  37.  In  every  hotel  hereafter  erected  every  plumbing  fixture  shall  be  provided  with 
running  water,  and  there  shall  be  provided  faucets,  with  running  water,  suificient  in 
number  so  that  all  of  the  yards,  courts  and  passageways  may  be  washed.  Faucets  shall 
be  of  the  hose  bibb  type,  not  less  than  three-quarter  inch  size. 

Every  plumbing  fixture  affecting  the  sanitary  drainage  system  in  any  hotel  hereafter 
erected,  shall  be  properly  connected  with  the  street  sewer,  if  a  street  sewer  exists  in 
the  street  abutting  the  lot  on  which  the  building  is  located  and  is  ready  to  receive  con- 
nections. When  it  is  impracticable  to  connect  such  plumbing  fixtures  with  a  street 
sewer,  then  the  plumbing  fixtures  shall  be  connected  and  drained  into  a  cesspool  con- 
structed satisfactorily  to  the  department  charged  with  the  enforcement  of  this  act*  or 
some  other  means  of  sewage  disposal  satisfactory  to  the  department  charged  with  the 
enforcement  of  this  act  may  be  made  until  such  time  as  it  may  become  practicable  and 
possible  to  connect  with  the  street  sewer. 

In  hotel  already  erected. 

§  38.  In  every  hotel  erected  prior  to  the  passage  of  this  act,  every  plumbing  fixture 
shall  be  provided  with  running  water,  and  there  shall  be  provided  faucets,  with  running 
water,  suflBcient  in  number  so  that  all  of  the  yards,  courts  and  passageways  may  be 
washed.    Faucets  shall  be  of  the  hose  bibb  type,  not  less  than  three-quarter  inch  size. 

In  case  no  running  water.    Privy. 

$  33.  Water-closets,  baths,  showers,  sinks,  slop-sinks,  faucets  and  other  plumbing  fix- 
tures required  by  this  act  need  not  be  installed  in  the  event  that  the  hotel  hereafter 
erected  or  an  existing  hotel,  as  the  case  may  be,  is  situated  where  there  is  no  running 
water  and  where  there  is  no  practical  means  of  sewage  disposal,  until  such  time  as  it 
becomes  practicable  and  possible  to  obtain  running  water  and  means  of  sewage  disposal ; 
provided,  in  every  such  case  the  department  charged  with  the  enforcement  of  this  act 
shall  decide  whether  or  not  it  is  practicable  and  possible  to  provide  running  water 
and  proper  means  of  sewage  disposal.  A  special  permit  in  writing  shall  be  obtained 
in  every  such  case  from  the  department  charged  with  the  enforcement  of  this  act, 
which  permit  shall  be  made  in  duplicate,  and  a  copy  thereof  shall  remain  on  file  in 
the  department  issuing  it;  provided,  further,  that  proper,  separate  toilet  facilities 
for  each  sex  shall  be  provided  for  the  use  of  the  occupants  of  such  building.  Such 
facilities   shall    be   made   sanitary.     A   privy,    or   toilet   other   than   a    water-closet. 


Act  2026,  g§  40-43  GENERAL  LAWS.  IMS 

erected  under  the  authority  of  this  section  shall  consist  of  a  pit  at  least  three  feet 
deep,  with  suitable  shelter  over  the  same  to  afford  privaej^,  and  protection  from  the 
elements.  The  openings  of  the  shelter  and  pit  shall  be  enclosed  by  mosquito  screen- 
ing, and  the  door  to  the  shelter  shall  be  made  to  close  automatically  by  means  of  a 
spring  or  other  device.  No  privy  pit  shall  be  allowed  to  become  filled  with  excreta 
to  nearer  than  one  foot  from  the  surface  of  the  ground,  and  the  excreta  in  the  pit 
shall  be  covered  with  earth,  ashes,  lime  or  similar  substances  at  regular  intervals. 

All  drainage  water  shall  be  conveyed  from  the  premises  by  means  of  a  covered 
drain  to  a  covered  cesspool. 

Plumbing  fixtures  made  sanitary. 

§  40.  In  every  hotel  erected  prior  to  the  passage  of  this  act  all  plumbing  fixtures 
affecting  the  sanitary  drainage  system  shall  be  properly  trapped  and  vented  and 
made  sanitary  in  every  particular.  In  any  hotel  hereafter  erected,  and  in  an> 
hotel  erected  prior  to  the  passage  of  this  act  no  plumbing  fixtures  shall  be  enclosed 
with  woodwork,  but  the  space  under  and  around  same  must  be  left  entirely  open. 
All  woodwork  enclosing  a  water-closet,  sink,  slop-sink,  wash  tray  or  lavatory  shall 
be  removed  and  the  floor  and  wall  surfaces  beneath  and  around  such  water-closet, 
sink,  slop-sink,  wash  tray  or  lavatory  shall  be  maintained  in  good  repair,  and  if  of 
wood,  well  painted  with  a  light  colored  paint  of  sufficient  body  to  make  it  non- 
absorbent.  All  wooden  seats,  attached  to  water-closets  bowls,  shall  be  varnished 
or  enameled,  or  by  some  other  method  made  nonabsorbent. 

In  every  hotel  hereafter  erected  water-closets  shall  have  earthenware  bowls  and  shall 
have  earthenware  seats  integral  with  the  bowls,  or  wooden  seats,  varnished  or  enameled 
so  as  to  be  nonabsorbent,  or  seats  made  of  some  nonabsorbent  material  attached  directly 
to  the  bowls.  No  wooden  wash  trays  or  wooden  kitchen  sinks  shall  be  permitted  in  such 
buildings.  All  plumbing  connections  hereafter  made  in  buildings  shall  be  of  standard 
lead,  iron,  steel  or  brass;  and  every  gas  and  water  service  connection  hereafter  made 
shall  be  of  steel  or  iron,  and  shall  be  equipped  with  cut-off  valves  placed  outside  of  the 
building,  and  such  cut-off  valves  shall  be  readily  accessible. 

Whenever  any  plumbing  fixture  become  insanitary  the  department  charged  with  thvO 
enforcement  of  this  act  is  hereby  empowered  to  order  the  same  removed  and  to  order 
that  it  be  replaced  by  a  fixture  conforming  to  the  provisions  of  this  act. 

Two  means  of  egress. 

§  41.  Every  hotel  hereafter  erected,  three  or  more  stories  in  height  and  in  which 
there  are  more  than  five  guest  rooms  on  any  one  floor,  shall  be  so  designed  and  con- 
structed that  every  guest  room  in  such  building  shall  have  not  less  than  two  means  of 
egress,  either  by  stairways  or  fire  escapes,  constructed  in  accordance  with  the  provision^ 
of  this  act.  Such  means  of  egress  shall  be  accessible  from  every  guest  room,  either 
directly  or  through  a  public  hallway,  and  so  located  that  should  one  egress  be  or  become 
blocked,  the  other  egress  shall  be  available. 

Stairways. 

§  42.  Every  hotel  two  or  more  stories  in  height,  hereafter  erected  shall  have  not 
less  than  two  stairways. 

Every  fireproof  hotel  two  or  more  stories  in  height  hereafter  erected  shall  have  not 
less  than  one  stairway,  not  less  than  three  feet  six  inches  wide,  for  each  six  thousand 
square  feet,  or  fractional  part  thereof,  of  floor  area  in  any  one  floor  above  the  first  floor 
thereof. 

Every  semifireproof  hotel  two  or  more  stories  in  height  hereafter  erected  shall  have 
not  less  than  one  stairway,  not  less  than  three  feet  six  inches  wide,  for  each  four  thou- 


1049  HOTELS.  Act  2026,  §§  43-45 

sand  square  feet,  or  fractional  part  thereof,  of  floor  area  in  an)^  one  floor  above  the 
first  floor  thereof. 

Every  wooden  hotel  two  or  more  stories  in  height  hereafter  erected  shall  have  not 
less  than  one  stairway,  not  less  than  three  feet  six  inches  wide,  for  each  three  thousand 
square  feet,  or  fractional  part  thereof,  of  floor  area  in  any  one  floor  above  the  first 
floor  thereof. 

Everj'  hotel  hereafter  erected  shall  have  not  less  than  one  stairway  leading  from  the 
outside  to  every  basement  or  cellar  thereof. 

Computing  number  of  stairways  required. 

§  43.  The  largest  floor  area  above  the  ground  floor  shall  be  used  as  the  basis  for  com- 
puting the  number  of  stairways  required  in  a  hotel  hereafter  erected;  provided,  that 
if  all  floors  above  the  largest  floor  area  of  the  building  are  diminished  in  area,  the  stair- 
way or  stairways  from  that  portion  of  the  building  containing  a  smaller  area  may  be 
computed  on  the  basis  of  the  largest  floor  area  in  that  portion  of  the  building. 

Location  of  stairways. 

§  44.  All  stairways  hereafter  constructed  shall  be  located  so  as  to  furnish  the  best 
means  of  egress  from  the  building,  shall  be  as  far  removed  from  each  other  as  is  prac- 
ticable, and  shall  be  as  follows: 

Access  to  stairways  shall  be  provided  at  every  floor  by  means  of  a  public  hallway, 
corridor,  or  passagCAvay,  and  the  public  hallway,  corridor,  passageway  and  stairway 
from  the  ground  exit  level  to  the  top  storj'^  or  roof  shall  be  accessible  at  all  times. 

No  stairway  shall  abut  on  more  than  one  side  of  an  elevator  shaft,  except  on  the 
entrance  and  topmost  stories;  provided,  that  the  stairway  is  so  located  that  it  can  be 
approached  from  the  street  entrance  without  passing  by  or  in  front  of  the  open  side 
of  the  said  elevator  shaft. 

No  stairway  shall  be  located  over  a  steam  boiler,  gas  meter  or  gas  heater  or  furnace, 
unless  such  boiler,  gas  meter,  gas  heater  or  furnace  be  located  in  a  room,  the  walls  and 
ceiling  of  which  are  constructed  as  required  for  a  boiler  room  by  section  fifty-nine  of 
this  act.  No  stairway  leading  from  any  other  portion  of  the  building  shall  terminate 
in  or  pass  through  a  boiler  room. 

Construction  of  stairways. 

^  45.  Every  stairway  hereafter  constructed  shall  be  as  follows :  have  a  rise  of  not 
more  than  eight  inches  and  a  run  of  not  less  than  9  inches,  without  change  in  the  run  or 
rise  between  floors;  and  shall  be  provided  with  head  room  of  not  less  than  six  feet  six 
inches,  measured  from  the  nearest  nosing  of  the  stairway  to  the  nearest  soffit. 

The  depth  of  every  landing  in  a  stairway  shall  be  not  less  than  the  width  of  the  stair- 
way, and  all  treads  shall  be  of  equal  width  for  every  run  of  stairs,  and  shall  not  vary 
in  width  in  the  width  of  the  stairs. 

Every  stairway  required  by  this  act  shall  be  continuous  from  the  ground  level  to  the 
top  story,  i.  e.,  the  flights  of  such  stairway  shall  be  constructed  one  directly  above  the 
other,  or  shall  be  constructed  so  that  each  flight  shall  be  in  plain  view  of  each  succeed- 
ing flight;  provided,  however,  that  half  of  the  stairways  from  the  upper  floors  may 
terminate  at  the  second  floor,  in  the  event  that  the  stairways  from  the  first  to  the  sec- 
ond floor  be  increased  in  width  not  less  than  fifty  per  cent. 

Every  stairway  shall  have  at  least  one  handrail  and  if  the  stairway  be  five  feet  or 
more  in  width,  shall  have  a  handrail  on  each  side  thereof. 

The  under  side  and  soffits  of  wooden  stairways  and  the  outside  stringers  of  open 
stairways,  except  outside  stairways  in  semifireproof  and  wooden  hotels  shall  be  metal 


Act  2026,  8§  46-49  GE}NE:RAIi  LAWS.  1050 

lathed  and  plastered  not  less  than  three-quarters  inch  thick  including  the  lath,  or  lathed 
with  approved  plaster  board  and  plastered  not  less  than  three-quarters  inch  thick  in- 
cluding the  plaster  board. 

The  width  of  stairways  shall  be  measured  in  the  clear  of  all  projections  except  the 
baseboards,  and  except  that  handrails  and  newel  posts  may  project  not  more  than  four 
inches. 

Space  under  stairway. 

$  46.  No  closet  of  any  kind  shall  be  constructed  in  any  hotel  under  any  wooden 
stairway,  but  such  space  shall  be  kept  entirely  open,  and  be  kept  clean  and  free  from 
all  encumbrance;  or  such  space  shall  be  effectually  closed  with  walls  of  studs,  lathed  and 
plastered,  with  no  door  or  opening  of  any  kind  therein;  provided,  however,  that  the 
provisions  of  this  section  as  to  a  closet  under  a  stairway  shall  not  apply  to  any  hotel  not 
more  than  two  stories  in  height,  in  which  there  are  not  more  than  five  guest  rooms 
above  the  first  floor  thereof. 

Stairway  to  roof. 

§  47.  In  every  hotel  hereafter  erected  more  than  two  stories  in  height,  the  stairway 
nearest  to  the  main  entrance  of  the  building  shall  be  carried  to  the  roof  level  and  shall 
give  egress  to  the  roof  through  a  penthouse  or  roof  structure.  In  every  such  building 
not  exceeding  two  stories  in  height  there  shall  be  constructed  a  scuttle,  in  the  public 
hallway,  near  the  stairway.  Such  scuttle  shall  be  not  less  than  two  feet  by  three  feet  in 
area,  and  shall  be  cut  through  the  ceiling  and  roof. 

Penthouses  over  stairways  shall  be  built  either  of  fireproof  materials  or  of  wood 
studs,  lathed  with  metal  lath  or  approved  plaster  board  and  plastered  not  less  than 
three-quarters  inch  thick  including  the  lath  or  plaster  board  on  the  inside  and  outside 
thereof;  or  such  penthouses  may  be  covered  in  the  same  manner  and  with  the  same 
kind  of  materials  as  required  by  this  act  for  the  doors  from  such  penthouses. 

The  door  to  the  roof  from  a  penthouse  or  roof  structure  shall  be  self-closing  and  shall 
open  outward  to  the  roof  and  shall  be  covered  on  both  sides  and  edges  with  tin  or  other 
metal. 

The  frames  and  trim  of  such  door  opening  shall  be  similarly  constructed  and  all  glass 
in  such  door  shall  be  wired  glass  not  less  than  one-fourth  inch  thick. 

In  hotel  already  erected. 

Every  hotel  of  more  than  two  stories  in  height,  erected  prior  to  the  passage  of  this 
act,  shall  have  in  the  roof  a  penthouse  or  a  scuttle,  which  scuttle  shall  be  not  less 
than  two  feet  by  three  feet  in  area,  located  in  the  ceiling  of  a  public  hallway.  There 
shall  be  provided  a  stairway  or  a  stationary  ladder,  leading  from  the  top  floor  of  such 
hotel  to  the  roof  thereof.  Such  stairway  or  stationary  ladder  shall  be  made  readily 
accessible  to  all  the  tenants  of  the  building.  No  scuttle  or  penthouse  door  shall  at  any 
time  be  locked  with  a  key,  but  may  be  fastened  on  the  inside  by  a  movable  bolt  or  lock. 

Hallways,  etc.,  from  stairways. 

§  48.  Public  hallways,  landings,  and  corridors  from  stairways  shall  be  of  the  same 
width  and  measured  in  the  same  manner  as  the  stairways,  as  provided  in  section  forty- 
six  hereof. 

Fire  escapes. 

§  49.  On  every  hotel  hereafter  erected  more  than  two  stories  in  height,  there  shall 
be  provided  at  least  one  fire  escape.  If  such  hotel  exceeds  three  thousand  square  feet  of 
floor  area  on  any  one  floor  above  the  second  floor  thereof,  such  building  shall  be  pro- 
vided with  one  additional  fire  escape  for  each  four  thousand  square  feet  of  floor  area  or 
fractional  part  thereof. 


•J 


II 


1^ 


151  HOTELS.  Act  2026 

Types  of  fire  escapes. 

Fire  escapes  required  by  this  act  shall  be  of  one  of  the  following  types: 
[Type  1.] 

Type  1.  Metallic  throughout  and  fastened  securely  to  the  exterior  walls  of  the  build- 
ing, with  a  balcony  at  each  story  above  the  first  storj'  thereof,  with  inclined  stairways 
connecting  all  balconies  and  a  goose-neck  ladder  connecting  the  topmost  balcony  to  the 
roof.  The  lowest  balcony  of  such  fire  escape  to  be  not  more  than  fourteen  feet  above 
the  street  or  ground  level  directly  under  same. 

All  metallic  balconies  shall  be  not  less  than  forty-four  inches  in  width  nor  less  than 
thirtj'^-three  square  feet  in  area.  The  stairway  openings  therein  shall  be  not  less  than 
twenty-one  inches  wide  and  forty  inches  in  length.  The  balcony  balustrade  shall  be 
not  less  than  thirty-four  inches  high,  with  no  opening  in  such  balustrade  greater  than 
eight  inches  in  horizontal  dimension. 

There  shall  be  no  opening  greater  than  one  inch  in  width  in  a  fire  escape  balcony 
platform,  except  the  stair  well  opening. 

There  shall  be  no  opening  greater  than  one  inch  in  width  in  the  lowest  fire  escape 
balcony  platform,  except  that  there  be  attached  a  counterbalanced  or  permanent  ladder 
reaching  to  the  street  or  ground  below. 

Every  balcony  platform  shall  be  fastened  to  the  outside  walls  of  the  building  by 
building  in  and  anchoring  to  such  walls  the  balcony  platform  and  the  balustrade  fram- 
ing, or  by  securely  bolting  same  thereto.  Every  balcony  shall  be  supported  by  brackets, 
braces,  or  struts  fastened  to  or  built  in  and  anchored  to  the  walls. 

The  inclined  stairways  shall  be  not  less  than  eighteen  inches  in  width  and  placed  in 
no  part  nearer  than  twenty-one  inches  from  the  face  of  the  wall.  Such  inclined  stair- 
ways shall  have  an  inclination  of  not  less  than  four  inches  and  not  more  than  six  hori- 
zontally to  each  twelve  inches  of  vertical  height.  The  treads  shall  be  not  less  than  four 
inches  wide,  placed  not  more  than  twelve  inches  apart.  Each  side  of  such  stairways 
shall  be  provided  with  a  handrail  not  less  than  one  inch  in  diameter  fastened  to  the 
stair  stringers  and  continued  around  the  well  hole  openings  of  balcony  platform. 

The  goose-neck  ladder  shall  be  not  less  than  fifteen  inches  wide  and  extend  vertically 
from  the  topmost  balcony  to  three  feet  above  the  fire  wall  or  roof  above,  and  then  be 
brought  down  and  fastened  to  the  inside  face  of  the  fire  wall  or  to  the  roof.  The  rungs 
of  the  goose-neck  ladder  shall  be  not  less  than  five-eighths  inch  round  iron  or  steel, 
placed  not  more  than  fourteen  inches  apart.  The  goose-neck  ladder  shall  be  securely 
braced  and  fastened  to  the  outside  wall,  and  in  no  ease  shall  such  ladder  pass  in  front 
of  any  opening  in  the  wall  to  the  interior  of  the  building.  The  cornice  opening  for  the 
passage  of  such  ladder  shall  be  not  less  than  twenty-four  inches  in  width  and  twenty- 
four  inches  in  the  clear  outside  of  the  ladder. 

Such  fire  escape  shall  be  framed  and  riveted  or  bolted  together  in  a  solid,  substantial 
manner  and  properly  supported,  braced  and  fastened  to  the  outside  walls  so  as  to  be 
rigid,  durable  and  secure  and  carry  the  loads  imposed. 

All  metallic  fire  escapes  shall  be  painted  with  not  less  than  two  coats  of  good,  dur- 
able paint;  or  such  fire  escapes  may  be  galvanized. 

[Type  2.] 

Type  2.  Metallic  ladders  and  stairways  conforming  to  the  provisions  set  forth  for 
type  one  and  with  reinforced  concrete  or  iron  or  steel  fireproofed  balconies,  with  fast- 
enings of  similar  materials.  Such  balconies  to  measure  the  full  size  inside  of  balus- 
trades. Floor  openings  and  well  holes  provided  and  protected  similarly  to  the  require- 
ments for  metallic  balconies. 


Art  2026,  §  so  GBNERAIi   LAWS.  10S2 

[Type  3.]    Enclosed  spiral  fire  escape. 

Type  3.  Any  type  of  an  enclosed  approved  metallic  spiral  fire  escape  which  consists 
of  a  rigid  form  of  an  inclined  chute  or  chutes  constructed  entirely  of  incombustible 
material;  securely  attached  to  the  outside  walls  of  the  building;  provided  with  proper 
means  of  ingress  thereto  from  the  building  and  egress  therefrom  at  the  bottom;  having 
means  enabling  firemen  to  reach  the  roof  thereby  from  the  ground;  equipped  with 
stand-pipes;  painted  the  same  as  provided  for  metallic  fire  escapes;  and  satisfactory 
to  the  department  charged  with  the  enforcement  of  this  act  as  being  as  solid,  substantial 
and  durable  and  as  fireproof  in  construction,  and  providing  at  least  as  safe  and  efficient 
means  of  escape  from  the  building  for  the  occupants  thereof,  and  furnishing  all  the  pro- 
tection and  utility  of  the  metallic  fire  escape  described  as  "type  one"  in  this  act. 

[T3rpe  4.]     Fire  and  smoke  towers. 

Type  4.  Fire  and  smoke  towers,  consisting  of  a  fire  escape  stairway  not  less  than 
twenty  inches  in  width,  constructed  of  reinforced  concrete,  iron  or  steel,  or  a  combina- 
tion of  these  materials;  and  in  all  other  details  as  required  in  this  act  for  metallic  fire 
escape  stairways;  said  stairways  being  continuous  the  full  height  of  the  building  from 
the  first  floor  exit  level  to  the  roof,  and  with  handrails  on  each  side  thereof  the  full 
length  of  same.  Such  stairways  to  be  constructed  at  a  point  adjoining  the  exterior  walls 
of  the  building  and  be  entirely  enclosed  with  walls  of  brick,  terra  cotta  tile,  concrete  or 
reinforced  concrete  not  less  than  twelve  inches  thick;  such  walls  to  be  continuous  from 
the  basement  up  to  and  extending  three  feet  above  the  roof  of  th^  building,  with  no 
covering  of  any  kind  over  same,  and  with  no  openings  in  the  walls  of  such  tower  into 
the  building.  The  enclosing  walls  of  such  tower  not  to  be  used  to  carry  or  support  any 
floor  joist,  beam,  girder  or  other  structural  feature  of  the  building,  nor  to  be  chased 
for  any  pipe,  conduit  or  other  purpose;  to  have  an  exit  from  the  enclosure  at  the  first 
floor  line  opening  directly  to  a  street  or  yard,  and  having  an  entrance  by  means  of  an 
outside  balcony  at  each  floor,  such  balconies  to  have  a  solid  floor  and  in  all  other  details 
and  kind  of  materials  to  be  as  in  this  act  required  for  metallic  fire  escape  balconies. 
The  balconies  to  be  located  and  arranged  to  connect  with  a  door  opening  from  a  public 
hallway  in  the  interior  of  the  building  and  with  a  door  opening  leading  from  the  bal- 
cony to  the  tower,  such  door  opening  from  the  building  to  the  balcony  and  from  the 
balcony  to  the  tower  to  be  not  less  than  thirty  inches  wide  by  seventy-two  inches  high 
and  be  equipped  with  metal-lined  doors  and  with  a  frame  and  threshold  of  such  door 
openings  constructed  of  fireproof  materials. 

[Type  5.] 

Type  5.  A  fire  and  smoke  tower  in  every  way  similar  to  "type  four"  of  this  section, 
except  that  instead  of  the  outside  balcony  there  be  built  a  vestibule  with  enclosing 
walls  continuous  with  and  of  the  same  kind  of  materials  and  of  the  same  thickness  as 
the  enclosing  walls  of  the  fire  tower;  that  the  vestibule  opening  be  direct  from  a  public 
hallway  and  be  equipped  with  metal-lined  doors.  The  vestibule  floor  to  be  of  masonry 
construction.  The  enclosure  to  have  an  opening  §it  each  floor  through  the  exterior  wall 
of  the  building,  such  opening  to  extend  from  the  floor  to  the  ceiling  and  be  not  less  in 
width  than  three-fourths  of  the  width  of  the  tower,  said  opening  to  be  protected  with 
an  open  metallic  balustrade  similar  to  that  specified  for  metallic  fire  escape  balconies. 

Stairway  and  fire  escape  comhined. 

$  50.  In  any  hotel  hereafter  erected  in  which  there  is  constructed  a  fire  escape  of 
"type  four"  or  "type  five,"  as  prescribed  in  this  act,  such  fire  escape  may  be  used  and 
construed  as  a  stairway  and  a  fire  escape  combined;  provided,  that  there  is  at  least  one 
other  stairway  or  one  other  fire  escape  constructed  in  accordance  with  the  provisions  of 
this  act,  in  the  said  building. 


1053  HOTICLS.  Act  2026,  g§  51-54 

Location  of  fire  escapes. 

$  51.  Every  fire  escape  required  by  this  act  shall  be  located  on  the  building  so  as 
to  furnish  the  best  means  of  escape  therefrom  for  the  occupants,  and  at  least  one  such 
fire  escape  shall  be  located  on  a  street  front.  Every  such  fire  escape  shall  have  egress 
thereto  from  a  public  hallway  or  passageway  not  less  than  three  feet  wide,  or  such  fire 
escapes,  in  lieu  of  being  located  on  a  public  hallway,  shall  be  so  located  that  each  guest 
room  has  direct  egress  thereto  without  passing  through  another  room.  If  a  public  par- 
lor, public  lobby,  or  similar  room  is  connected  directly  with  the  public  hall,  corridor  or 
passageway  through  a  clear  and  unobstructed  opening,  without  doors,  then  egress  may 
be  had  thereby  to  a  fire  escape.  Signs  both  pointing  towards  and  marking  the  locations 
of  fire  escapes  shall  be  placed  on  each  floor. 

Computing  number  of  fire  escapes  required. 

§  52.  The  largest  floor  area  above  the  second  floor  shall  be  used  as  a  basis  for  com- 
puting the  number  of  fire  escapes  required  by  this  act ;  provided,  that  if  all  floors  above 
the  largest  floor  area  are  diminished  in  size,  the  number  of  fire  ecapes  from  that  portion 
of  the  building  containing  the  smaller  area  may  be  computed  on  the  basis  of  the  largest 
floor  area  in  that  portion  of  the  building. 

Strength  of  platform,  etc. 

§  53.  All  parts  of  each  balcony  platform  of  a  fire  escape  shall  be  designed  to  carry, 
in  addition  to  the  dead  load  thereof,  a  live  load  of  one  hundred  pounds  per  square  foot 
over  the  entire  area  thereof,  using  outside  dimensions,  and  the  live  and  dead  loads  from 
the  ladders  or  stairs  supported  thereon. 

Each  ladder  shall  be  designed  to  withstand  a  horizontal  pressure  of  one  hundred 
pounds  per  square  foot. 

Each  stairway  shall  be  designed  to  carry,  in  addition  to  the  dead  load  thereof,  a  live 
load  of  one  hundred  fifty  pounds  per  square  foot  of  horizontal  projection. 

Top  rails  of  balcony  balustrades  shall  be  designed  to  withstand  a  horizontal  pressure 
of  one  hundred  pounds  per  lineal  foot  of  railing. 

Strength  of  fastenings,  etc. 

Each  balcony  shall  be  independently  supported. 

All  fastenings  of  fire  escape  balconies  to  the  building  shall  be  designed  to  carry 
twenty-five  per  cent  greater  load  than  the  total  dead  and  live  loads  carried  by  the  bal- 
conies. The  balcony  anchorage  shall  be  direct  to  the  structural  steel  or  iron  members  of 
the  balustrades  and  platforms  extended  into  the  walls  and  anchored  into  the  structural 
work  of  the  building. 

The  level  of  the  inside  sill  of  the  door  or  window  giving  access  to  a  fire  escape  balcony 
or  the  balcony  floor  shall  be  not  more  than  thirty  inches  above  the  adjoining  floor  in  the 
building.  Every  such  door  or  window  opening  shall  be  not  less  than  twenty-nine  inches 
in  clear  width  nor  less  than  flfty-eight  inches  in  height. 

Where  double-hung  windows  are  used  in  such  openings,  the  lower  sash  shall  be  at 
least  the  size  of  the  upper  sash  and  shall  slide  to  the  top  of  such  opening.  Any  lock 
used  on  any  such  window  shall  be  of  a  type  which  can  be  readily  opened  from  the 
interior  of  the  building  without  the  use  of  a  key  or  other  tool. 

Readily  accessible. 

$  54.  Every  fire  escape  in  or  on  a  hotel  hereafter  erected,  or  in  or  on  a  hotel  erected 
prior  to  the  passage  of  this  act,  shall  at  all  times  be  maintained  in  good  order  and 
repair,  well  painted  and  clear  and  unobstructed  at  all  times,  and  be  readily  accessible. 


Act  2026,  §8  55-57  GENERAL,   LAWS.  1054 

Standpipes. 

$  55.  On  every  hotel  hereafter  erected  four  or  more  stories  in  height,  there  shall  be 
provided  one  or  more  metallic  standpipes.  Each  such  standpipe  shall  be  not  less  than 
four  inches  in  internal  diameter,  and  shall  have  a  Siamese  inlet  valve  near  the  side- 
walk or  ground  directly  under  same,  and  an  outlet  valve  at  each  story  above  the  first 
story  and  on  the  roof. 

One  such  standpipe  shall  be  placed  on  or  in  the  exterior  walls  of  the  building  at  one 
fire  escape  on  each  street  frontage,  and  the  outlet  valves  shall  be  readily  accessible  from 
the  balconies  of  the  fire  escapes. 

The  inlet  and  outlet  valves  on  every  standpipe  shall  be  threaded  and  brought  to  a 
size  which  will  meet  the  standard  connections  of  the  local  fire  department  of  the  munici- 
pality in  which  such  hotel  or  lodging  house  is  being  erected. 

The  standpipes  required  by  this  section  need  not  be  installed  in  any  hotel  which  ia 
situated  where  there  is  no  running  water  and  where  it  is  not  practicable  or  possible  to 
obtain  water  for  efficient  use  of  such  standpipes  in  case  of  fire,  until  such  time  as  it  is 
practicable  and  possible  to  obtain  running  water;  and  the  department  charged  with  the 
enforcement  of  this  act  shall  decide  whether  or  not  it  is  possible  or  practicable  to  obtain 
running  water. 

Elevator  shaft  enclosed. 

^  56.  In  everj-^  fireproof  hotel  hereafter  erected,  every  elevator  shaft,  dumb-waiter 
shaft  or  other  interior  shaft  shall  be  inclosed  in  walls  constructed  of  concrete,  reinforced 
concrete,  brick,  terra  cotta  tile  or  other  similar  hard,  incombustible  materials,  or  shall 
be  constructed  of  metal  studs  lathed  either  with  metal  lath  or  an  approved  plaster 
board  and  plastered  on  both  sides  so  as  to  make  a  solid  partition  not  less  than  two 
inches  thick. 

In  every  semifireproof  or  wooden  hotel  hereafter  erected,  every  such  shaft  shall  be 
inclosed  by  walls  constructed  as  provided  by  this  act  for  fireproof  hotels,  or  such  wall 
shall  be  constructed  with  wood  studs,  with  wood  firestops  the  same  size  as  the  studs,  cut 
in  between  the  studs  at  each  floor  and  half  way  between  each  floor,  lathed  on  both  sides 
with  metal  lath  or  an  approved  plaster  board  and  be  plastered  not  less  than  three- 
quarters  inch  thick  including  the  lath  or  plaster  board. 

Every  opening  from  any  shaft  into  the  building  shall  be  equipped  with  a  metal  door 
and  with  door  frame  and  trim  entirely  of  metal ;  or  such  door  and  door  frame  shall  be 
constructed  of  wood  covered  with  metal  on  the  shaft  side  thereof,  and  if  there  is  any 
glass  therein,  such  glass  shall  be  wired  glass  not  less  than  one-fourth  inch  thick.  Every 
door  or  window  therein  shall  be  made  to  close  tight,  and  every  door  except  elevator  doors 
therein  shall  be  self-closing. 

Every  window  in  such  shaft  shall  be  of  wired  glass,  not  less  than  one-fourth  inch 
thick,  set  in  a  metal  sash  or  a  sash  metal-covered  on  the  shaft  side  thereof. 

At  the  roof  over  every  elevator  shaft  there  shall  be  constructed  a  ventilating  sky- 
light or  a  ventilator  with  open  louvres. 

Vent  shafts  enclosed. 

§  57.  In  every  hotel  hereafter  erected  every  vent  shaft  shall  be  inclosed  by  walls 
constructed  the  same  as  required  by  this  act  for  elevator  shafts  in  the  same  class  of 
building.  Such  vent  shafts  may,  in  a  semifireproof  or  wooden  hotel,  be  lined  on  the 
outside  thereof  (weather  side)  with  metal  in  lieu  of  metal  lath  and  plaster;  also,  that 
portion  of  such  shaft  extending  from  the  ceiling  joists  to  the  top  thereof  may  be  lined 
with  metal  in  the  same  manner  as  is  required  for  the  weather  side  of  such  vent  shaft. 

Every  opening  from  any  vent  shaft  into  the  building  or  any  window  therein  shall 


I 


1055  HOTELS.  Act  2026,  g§  58,  59 

be  equipped  in  the  same  manner  as  required  by  this  act  for  elevator  shafts  in  the  same 
class  of  building. 

1^     Plaster  on  the  weather  side  of  any  such  shaft  shall  be  cement  plaster. 

'"  Every  vent  shaft  required  by  this  act  shall  be  not  less  than  four  feet  in  any  direction 
and  be  at  least  sixteen  square  feet  in  area.  If  such  vent  shaft  exceeds  fifty  feet  in 
height,  measured  from  the  bottom  to  the  top  of  the  walls  of  such  shaft,  then  such  vent 
shaft  shall  throughout  its  entire  height  be  increased  in  area  three  square  feet  for  each 
additional  ten  feet  or  fractional  part  thereof  above  fifty  feet. 

Every  such  vent  shaft  shall  be  provided  with  an  air  intake  or  duct  at  or  near  the 
bottom  thereof,  communicating  with  the  street  or  yard  or  a  court.  Such  intake  shall 
be  not  less  than  three  square  feet  in  total  area,  and  may  be  divided  into  not  more  than 
three  separate  ducts  running  between  the  joists  or  otherwise,  and  shall  in  all  cases  be 
placed  as  nearly  horizontal  as  possible.  Every  such  intake  or  duct  shall  be  constructed 
of  approved  fireproof  material  or  shall  be  of  metal  or  metal-lined,  and  be  provided  with 
a  wire  screen  of  not  less  than  one  inch  mesh  at  each  end.    Plumbing,  gas,  steam  or  other 

,     similar  pipes  may  be  placed  in  such  a  vent  shaft. 

Every  vent  shaft  shall  have  a  door  or  a  window  at  or  near  the  bottom  of  the  shaft, 
so  arranged  as  to  permit  of  its  being  readily  cleaned  out. 

Walls  of  inner  court. 

§  58.  The  walls  of  every  inner  court  in  a  fireproof  hotel  hereafter  erected  shall  be 
constructed  of  concrete,  reinforced  concrete,  brick,  terra  cotta  tile  or  other  similar  hard, 
incombustible  material.  In  a  semifireproof  or  in  a  wooden  hotel  such  inner  court  walls, 
if  surrounded  on  four  sides  by  the  walls  of  the  same  building,  be  constructed  as  pro- 
vided for  fireproof  hotels,  or  may  be  of  wood  studs  with  wood  firestops  the  same  size  as 
the  studs,  cut  in  between  the  studs  at  each  floor  and  halfway  between  each  floor,  lathed 
on  both  sides  with  metal  lath,  or  with  an  approved  plaster  board  and  be  plastered  not 
less  than  three-quarters  inch  thick  including  the  lath  or  plaster  board.  Plaster  on  the 
weather  side  of  such  inner  court  walls  shall  be  cement  plaster,  or  such  inner  court  walls 
may  be  lined  on  the  weather  side  with  not  less  than  number  twenty-six  (gauge)  metal, 
in  lieu  of  metal  lath  and  plaster. 

Boiler  room. 

^  59.  In  every  hotel  hereafter  erected,  every  boiler  used  for  the  purpose  of  heating 
the  building,  using  fuel  other  than  gas,  and  every  heating  furnace  or  water-heating 
apparatus,  using  oil  for  fuel,  shall  be  installed  in  a  room,  the  walls  of  which  room  shall 
be  built  of  concrete,  reinforced  concrete,  brick,  stone  or  terra  cotta  tile,  not  less  than 
six  inches  thick,  and  such  walls  shall  extend  from  the  floor  of  the  boiler  room  to  the 
ceiling  over  the  same.  The  entire  ceiling  of  such  room  shall  be  built  of  similar  mate- 
rials as  the  walls,  or  shall  be  built  with  a  double  ceiling,  with  a  space  of  not  less  than 
seven-eighths  inch  between  the  two  ceilings,  each  ceiling  shall  be  metal  lathed  or  lathed 
with  an  approved  plaster  board  and  be  plastered  not  less  than  three-quarters  inch  thick 
including  the  lath  or  plaster  board.  The  floor  of  a  boiler  room  shall  be  of  concrete  not 
less  than  two  inches  thick. 

Doors  in  boiler  room. 

xiny  door  in  the  wall  of  such  room  shall  be  a  fire-resisting  door,  constructed  of  three 
thicknesses  of  seven-eighths  inch  by  not  more  than  six  inches,  tongued  and  grooved, 
matched,  redwood  boards  entirely  covered  on  the  sides  and  edges  with  lockjointed  tin; 
every  such  door  shall  be  self-closing,  so  hung  as  to  overlap  the  walls  of  the  room  at 
least  three  inches,  and  any  glass  in  any  such  door  or  any  glass  in  any  window  or  open- 
ing in  the  walls  of  a  boiler  room  shall  be  wired  glass,  not  less  thaji  one-fourth  inch 
thick,  set  in  a  metal  or  metal-covered  sash. 


Act  2026,  §§  00,  61  GKIVERAL   LAW'S.  1056 

All  such  doors  shall  have  hinges,  hangers,  latches  and  other  hardware  of  wrought 
iron,  bolted  to  the  doors,  and  shall  have  steel  tracks,  when  sliding  doors  are  used,  with 
wrought-iron  stops  and  binders  bolted  through  the  wall.  Swinging  doors  shall  have 
wall  eyes  of  wrought  iron,  built  into  or  bolted  through  the  wall. 

Every  such  boiler  room  shall  have  a  sill  across  each  door  not  less  than  four  inches 
high.  Such  sills  shall  be  of  masonry,  and  the  doors  shall  overlap  same  at  least  three 
inches,  or  in  lieu  of  a  masonry  sill  a  steel  or  iron  sill  may  be  used,  in  which  case  the 
door  shall  close  tight  on  top  of  same. 

Whore  oil  or  other  fluid  fuel  is  burned,  the  oil  or  other  fluid  fuel  shall  not  be  fed  by 
a  gravity  flow. 

Garage. 

^  60.  In  every  hotel  hereafter  erected  any  portion  of  such  building  in  which  there  is 
kept  or  stored  any  automobile  or  automobiles  shall  be  a  room  enclosed  in  partitions 
which  shall  be  built  of  concrete,  reinforced  concrete,  brick,  stone  or  terra  cotta  tile,  not 
less  than  six  inches  thick.  Such  enclosing  partitions  shall  extend  from  the  floor  of  the 
room  to  the  ceiling  of  the  same.  The  entire  ceiling  of  such  room  shall  be  built  of  mate- 
rial similar  to  that  in  the  construction  of  its  walls  or  shall  be  either  metal  lathed  or 
be  lathed  with  an  approved  plaster  board  and  be  well  plastered,  and  if  any  portion  of 
the  building  is  used  as  a  public  automobile  garage,  or  automobile  repair  shop,  or 
machine  shop  the  ceiling  thereof  shall  be  constructed  either  of  masonry,  or  of  a  double 
teiling  metal  lathed  or  lathed  with  an  approved  plaster  board  and  be  well  plastered, 
there  shall  be  left  a  space  between  the  ceilings  of  not  less  than  six  inches  measured 
vertically.  The  lower  ceiling  shall  be  suspended  with  iron  or  steel  channels.  In  each 
case  each  of  the  ceilings  shall  be  plastered  not  less  than  three-quarters  of  an  inch  thick 
including  the  lath  or  the  plaster  board.  The  floor  of  such  room  shall  be  of  concrete  not 
less  than  two  inches  thick.  Every  door,  window  or  other  opening  in  the  walls  of  such 
room  opening  to  the  interior  of  the  building  shall  be  protected  in  the  same  manner 
required  by  section  fifty-nine  hereof  for  doors,  windows  and  other  openings  in  a  boiler 
room. 

Fan  exhaust  sjrstem  of  ventilation. 

^  61.  In  every  hotel  hereafter  erected  the  water-closet  compartments,  bath,  toilet  or 
slop-sink  rooms,  kitchens,  sculleries,  pantries  or  other  rooms  in  which  food  is  stored  or 
prepared,  public  dining  rooms,  laundries,  barber  shops,  Turkish  baths,  general  amuse- 
ment, entertainment  or  reception  rooms,  and  rooms  used  for  similar  purposes  and  gen- 
eral utility  roofs,  in  lieu  of  being  provided  with  windows,  as  in  this  act  prescribed,  may 
be  provided  with  a  fan  exhaust  system  of  ventilation.  Such  fan  exhaust  system  of 
ventilation  shall  consist  of  independent  inlet  ducts,  extending  from  the  outer  air  to 
each  such  room  or  compartment  and  exhaust  ducts  extending  from  each  such  room  or 
compartment  to  the  outer  air  above  the  highest  roof  of  the  building. 

All  of  the  injet  ducts  and  exhaust  ducts  shall  be  constructed  of  galvanized  iron  or 
other  smooth  surfaced,  nonabsorbent  material  and  so  arranged  that  they  may  be  readily 
cleaned  out. 

The  exhaust  ducts  shall  always  be  connected  to  an  exhaust  fan  mechanically  operated, 
so  designed  and  operated  as  to  provide  a  complete  change  of  air  in  not  to  exceed  fifteen 
minutes  for  each  room  used  for  the  following  purposes:  kitchens;  pantries  or  other 
rooms  used  for  cooking,  storing  or  preparing  of  food;  barber  shops;  Turkish  baths; 
laundries. 

General  amusement,  entertainment,  reception  or  dining  rooms,  or  rooms  used  for 
similar  purposes;  general  utility  rooms;  and  the  said  fan  exhaust  system  of  ventilation 
shall  be  so  designed  and  operated  as  to  provide  a  complete  change  of  air  in  not  to 


1037  HOTELS.  Act  2026,  §§  62-64 

exceed  five  minutes  for  each  room  used  for  the  following  purposes:  water-closets; 
shower  compartments;  bath,  toilet  or  slop-sink  rooms  or  sculleries. 

Penalty  for  failure  to  maintain. 

Any  person  in  charge  of  a  building  in  which  a  system  of  fan  exhaust  ventilation,  as 
in  this  section  is  required,  who  fails,  neglects  or  refuses  to  operate  and  maintain  the 
said  system  of  ventilation  in  good  order  and  repair  so  that  the  ventilation  (complete 
change  of  air)  herein  specified  is  provided  in  each  of  the  rooms  or  compartments  at 
all  times,  shall  be  deemed  guilty  of  a  misdemeanor  and  subject  to  all  of  the  penalties 
fixed  by  this  act. 

Dormitory. 

$  62.  Every  dormitory  hereafter  constructed,  altered,  or  converted  in  any  hotel 
shall  be  as  follows : 

(a)  In  no  one  dormitory  shall  there  be  provided  sleeping  accommodations  for  more 
than  twenty  adult  persons,  nor  shall  the  superficial  floor  space  for  each  person  be  less 
than  required  by  section  sixty-five  hereof. 

(b)  The  ceiling  height,  measured  from  the  finished  floor  to  the  finished  ceiling,  shall 
in  no  case  be  less  than  nine  feet  in  the  clear,  and  in  no  case  shall  there  be  permitted  in 
such  dormitory  more  than  one  tier  of  beds;  provided,  however,  that  in  a  dormitory  in 
which  the  clear  ceiling  height  is  not  less  than  eighteen  feet  measured  between  the  fin- 
ished floor  to  the  finished  ceiling  thereof,  a  double  tier  of  beds  may  be  permitted,  i.  e., 
one  tier  above  the  other,  provided  that  in  no  event  shall  there  be  less  than  three  feet 
of  clear  vertical  space  between  the  beds,  nor  less  than  three  feet  in  any  horizontal  direc- 
tion between  any  of  the  beds,  nor  less  than  one  foot  of  clear  space  between  the  floor  of 
the  room  and  the  under  side  of  the  first  tier  of  beds. 

(c)  In  every  dormitoiy  there  shall  be  provided  windows  opening  onto  a  street,  or 
onto  a  yard  or  court  of  the  dimensions  specified  in  this  act  and  located  on  the  same  lot. 
The  window  area  shall  in  no  case  be  less  than  one-eighth  of  the  superficial  floor  area 
in  the  dormitory,  and  in  the  event  that  a  double  tier  of  beds  are  provided,  the  said 
window  area  shall  be  doubled. 

(d)  The  frames  of  beds  in  every  dormitory  shall  be  made  of  steel  or  iron  or  of  some 
similar  hard,  smooth,  incombustible  and  nonabsorbent  material. 

(e)  In  every  dormitory  there  shall  be  provided  not  less  than  one  water-closet  in  ;i 
separate  compartment,  not  less  than  one  urinal  in  a  separate  compartment,  and  not  lesa 
than  one  shower  in  a  separate  compartment,  and  not  less  than  one  wash-sink,  for  each 
twenty  persons  or  fractional  part  thereof  occupying  the  said  dormitory. 

(f)  Every  dormitory  in  a  hotel  erected  prior  to  the  passage  of  this  act  shall  be  madt 
to  conform  to  the  provisions  of  subsection  "(a)  "  of  this  section. 

^  63.  In  any  hotel  erected  prior  to  the  passage  of  this  act,  every  additional  room  oi 
hallway  that  is  hereafter  constructed  or  created  may  be  of  the  same  height  as  the  othei 
rooms  or  hallways  on  the  same  story  of  such  hotel. 

Windows,  courts,  etc.,  in  hotels  already  erected. 

§  64.  Every  room  in  a  hotel  erected  prior  to  the  passage  of  this  act  shall,  if  the  saic 
room  be  hereafter  occupied  for  living  or  sleeping  purposes,  have  a  window  of  an  area 
not  less  than  eight  square  feet,  opening  directly  upon  a  street,  a  yard,  a  court  or  upon 
a  vent  shaft  not  less  than  twenty-five  square  feet  in  area,  which  vent  shaft  shall  in  no 
part  be  less  than  four  feet  wide  and  open  and  unobstructed,  without  roof  or  skylight 
over  same;  except  that  if  such  room  be  located  on  the  top  floor  of  the  building,  such 
room  may  be  ventilated  by  a  skylight  with  fixed  louvres  directly  to  the  outer  air,  or 
may  have  a  window  opening  upon  a  vent  shaft  not  less  than  ten  square  feet  in  area,  if 

Gen.  Laws — 67 


Act  202G,  §§  65-07 


GKNE^RAL.  LAW'S. 


1058 


such  window  from  the  room  be  not  more  than  three  feet  below  the  top  of  the  wall  of 
such  vent  shaft. 

Every  public  hallway  in  every  hotel  erected  prior  to  the  passage  of  this  act,  which 
does  not  conform  to  the  provisions  for  public  hallways  in  buildings  hereafter  erected, 
shall  be  provided  with  light  and  ventilation  to  the  outer  air.  Such  light  and  ventilation 
shall  be  provided  by  the  placing  of  windows  or  skj'lights,  or  by  making  such  alterations 
as  in  the  judgment  of  the  housing  department  may  be  deemed  necessary  to  accomplish 
the  result. 

Kitchen. 

^  65.  Food  shall  not  be  cooked  or  prepared  in  any  room  except  in  a  kitchen  designed 
for  that  purpose.  Floors  of  kitchens  and  rooms  in  which  food  is  stored  shall  be  made 
impervious  to  rats  by  a  layer  of  concrete  not  less  than  one  and  one-half  inches  thick  or 
by  a  layer  of  sheet  tin  or  iron  or  similar  material. 

Sleeping  in  cellar,  etc.    Floor  space  for  each,  occupant. 

It  shall  be  unlawful  for  any  person  to  live  or  sleep,  or  permit  or  suffer  any  person  to 
live  or  sleep,  in  any  cellar,  bath,  shower  or  slop-sink  room,  water-closet  compartment, 
hallway,  closet,  kitchen,  recess  from  a  room,  or  dressroom,  except  when  such  recess  from 
a  room,  or  dressing  room  has  at  least  ninety  square  feet  of  superficial  floor  area  and 
complies  with  every  requirement  of  this  act  for  rooms,  or  in  any  other  place  in  such 
building  which  in  the  judgment  of  the  department  charged  with  the  enforcement  of 
this  act,  would  be  dangerous  or  prejudicial  to  life  or  health  by  reason  of  want  of  light, 
windows,  ventilation,  drainage  or  on  account  of  dampness,  offensive,  obnoxious  or  poi- 
sonous odors,  or  in  any  room  that  shall  be  so  overcrowded  as  to  afford  less  than  the 
following  floor  space  for  each  occupant,  in  accordance  with  the  age  of  said  occupant : 


Number  of  persons  over  12  years  of  age 


1  or 

2  or 

3  or 

4  or 

5  or 
1  or 


Number  of 

persons  under 

12  years  of 

age 


Superficial 

floor  area 

required 


60  square 
120  square 
180  square 
240  square 
300  square 
360  square 


feet 
feet 
feet 
feet 
feet 
feet 


Additional  floor  area  in  the  same  ratio  shall  be  provided  for  additional  persons. 

Lighting  of  hallway,  etc. 

^  66.  In  every  hotel  there  shall  be  installed  and  kept  burning  from  sunrise  to  sunset 
throughout  the  year  artificial  light  sufficient  in  volume  to  properly  illuminate  every 
public  hallway,  stairway,  fire  escape  egress,  elevator,  passageway,  public  water-closet 
compartment,  or  toilet  room,  whenever  there  is  insufficient  natural  light  to  permit  a 
person  to  read  in  any  part  thereof. 

In  every  hotel  there  shall  be  installed  and  kept  burning  from  sunset  to  sunrise 
throughout  the  year  artificial  light  sufficient  in  volume  to  properly  illuminate  every 
public  hallway,  stairway,  fire  escape  egress,  elevator,  public  water-closet  compartment, 
or  toilet  room  and  exterior  passageway  on  the  lot. 

Light-colored  material  on  walL 

^  67.  The  walls  and  ceilings  of  every  sleeping  room  in  every  hotel  shall,  except  when 
there  is  sufficient  natural  light  to  permit  a  person  to  read  in  any  part  thereof  during 
daytime,  be  calcimined  or  painted  or  papered  with  a  light-colored  material,'  and  such 


il 


»059  HOTELS.  Act  2026,  §§  68-72 

calcimine,  paint  or  paper,  as  the  case  may  be,  shall  be  renewed  as  often  as  is  necessary 
to  maintain  the  same  of  a  light  color  and  clean  and  free  from  vermin. 

The  walls  of  courts  and  shafts,  unless  built  of  light-colored  materials,  shall  be  painted 
of  a  light  color  or  whitewashed,  and  such  painting  or  whitewashing  shall  be  renewed  as 
often  as  is  necessary  to  maintain  the  same  of  a  light  color. 

Kepapering. 

$  68.  No  wall,  partition  or  ceiling  of  any  room  in  any  hotel  shall  be  repapered,  ealci- 
mined,  or  have  any  other  covering  placed  thereupon  unless  the  old  wall  paper  or  other 
covering  shall  have  first  been  removed  therefrom,  and  the  said  wall,  partition  or  ceiling 
cleaned,  disinfected  and  freed  from  bugs,  insects  or  vermin. 

Repairs. 

§  69.  Every  hotel  shall  be  maintained  in  good  repair.  The  roofs  shall  be  kept  water- 
proof and  all  storm  or  casual  water  properly  drained  and  conveyed  therefrom  to  the 
street  sewer,  storm  drain  or  street  gutter. 

All  portions  of  the  lot  about  such  hotel,  including  the  yards,  courts,  areaways,  vent 
shafts  and  passageways,  shall  be  properly  graded  and  drained ;  and  whenever  the  depart- 
ment charged  with  the  enforcement  of  this  act  deems  it  necessary  for  the  protection  of 
the  health  of  the  occupants  of  such  building,  or  for  the  proper  sanitation  of  the  prem- 
ises, it  may  require  that  the  said  lot,  yards,  courts,  areaways,  vent  shafts  and  passage- 
ways be  graveled  or  properly  paved  and  surfaced  with  concrete,  asphalt  or  similar 
materials. 

Metal  mosquito  screening. 

5  70.  There  shall  be  provided,  whenever  it  is  deemed  necessary  for  the  health  of  the 
occupants  of  any  hotel  or  for  the  proper  sanitation  or  cleanliness  of  any  such  building, 
metal  mosquito  screening  of  at  least  sixteen  mesh,  set  in  tight-fitting  removable  sash, 
for  each  exterior  door,  window  or  other  opening  in  the  exterior  walls  of  the  building. 

Garbage  cans. 

4  71.  In  every  hotel  there  shall  be  provided  such  number  of  tight  metal  receptacles 
with  close-fitting  metal  covers  for  garbage,  refuse,  ashes  and  rubbish  as  may  be  deemed 
necessary  by  the  department  charged  with  the  enforcement  of  this  act,  or  in  lieu  of  such 
metal  receptacles  there  may  be  constructed  a  garbage  chute  or  shaft  approved  by  the 
housing  department.  Each  of  said  receptacles,  chutes  or  shafts  shall  be  kept  in  a  clean 
condition  by  the  person  in  charge  or  in  control  of  the  building. 

Rooms,  etc.,  to  be  kept  clean. 

$  72.  Every  room,  hallway,  passageway,  stairway,  wall,  partition,  ceiling,  floor,  sky- 
light, glass  window,  door,  carpet,  rug,  matting,  window  curtain,  water-closet  compart- 
ment or  room,  toilet  room,  ba,  .com,  slop-sink  or  washroom,  plumbing  fixture,  drain, 
roof,  closet,  cellar,  or  basement  in  any  hotel  or  on  the  lot,  yard,  court  or  any  of  the 
premises  thereof,  shall  be  kept  in  every  part  clean  and  sanitary  and  free  from  all  accu- 
mulation of  debris,  filth,  rubbish,  garbage  or  other  offensive  matter. 

Swill,  etc.,  not  to  be  deposited  in  plumbing  fixtures. 

No  person  shall,  or  cause  or  permit  any  person  to  deposit  any  swill,  garbage,  bottles, 
ashes,  cans  or  other  improper  substance  in  any  water-closet,  sink,  slop-hopper,  bathtub, 
shower,  catch-basin,  or  in  any  plumbing  fixture  connection  or  drain  therefrom ;  or  other- 
wise to  obstruct  the  same;  or  to  place  or  cause  or  permit  to  be  placed  any  filth,  urine  or 
other  foul  matter  in  any  place  other  than  the  place  provided  for  same;  or  to  keep  or 
cause  or  permit  to  be  kept  any  urine  or  filth  or  foul  matter  in  any  room  in  any  hotel, 
or  in  or  about  the  said  building  or  premises  thereof,  for  such  length  of  time  as  to  create 
a  nuisance. 


An  ::o-.>0.  ilS  73-7T  Cn.MORAI.   I.AWS.  fOM 

Beds  kept  clean. 

^  73.  In  every  hotel,  every  part  of  every  bed,  inoludini?  the  mattress,  sheets,  blankets 
and  bedding,  shall  be  kept  in  a  clean,  dry  and  sanitary*  condition,  free  from  tilth,  urine 
or  other  foul  matter,  in  or  upon  the  same;  and  free  from  ihe  infection  of  lice,  bedbug^s 
or  other  insects.  No  roller  or  public  towel  shall  be  pennilted.  Bed  liuen  shall  be 
changed  at  least  as  often  as  a  new  guest  occupies  the  bed. 

Dangerous  articles  not  to  be  kept, 

^  74.  In  no  hotel,  or  any  part  theroof,  or  in  the  lot,  yard,  court  or  any  portion  thereof, 
shall  there  be  kept,  stored  or  handled  any  article  dangerous  or  detrimental  to  life  or  to 
the  health  of  the  occupants  thereof;  nor  shall  there  be  stored,  kept,  or  handled  any 
feed,  hay,  straw,  excelsior,  cotton,  paper  stock,  rags  or  junk,  except  upon  a  written  per- 
mit so  to  do,  obtained  from  the  fire  commissioner  or  other  department  authorized  to 
issue  such  permit.  Every  such  ]iermit  shall  be  deemed  to  be  a  public  record,  made  in 
duplicate  and  a  copy  thereof  shall  remain  on  Hie  in  the  olUce  of  the  tire  commissioner 
or  department  issuing  same. 

Animals  not  to  be  kept. 

^  75.  No  horse,  cow,  calf,  swine,  sheep,  goat,  rabbit,  mule  or  other  animal,  chicken, 
pigeon,  goose,  duck  or  other  poultry  shall  be  kept  in  a  hotel,  or  any  part  thereof;  nor 
shall  any  such  animal  or  poultry,  nor  shall  any  stable  be  kept  or  maintained  on  the 
same  lot,  yard,  court  or  premises  of  a  hotel,  or  within  twenty  feet  of  any  window  or 
door  of  such  building. 

No  hotel  shall  be  connected  with  or  have  any  door,  window  or  transom  opening  to 
any  part  of  a  building  wherein  paint  or  oil  are  stored  or  kept  for  the  purpose  of  sale 
or  otherwise. 

Housekeeper  in  charge. 

^  76.  In  every  hotel  in  which  there  are  eight  or  more  guest  rooms  and  in  which  the 
owner  does  not  live,  there  shall  be  a  janitor,  housekeeper  or  other  responsible  person, 
who  shall  reside  in  such  hotel  or  on  the  same  lot  or  premises  thereof  and  have  charge 
of  same. 

Action  to  abate  nuisance.    Authority  to  execute  order.    . 

^  77.  In  case  any  hotel,  or  any  i)art  thereof,  is  constructed,  altered,  converted  or 
maintained  in  violation  of  any  provisions  of  this  act  or  of  any  order  or  notice  of  the 
department  charged  with  its  enforcement,  or  in  ca.se  a  nuisance  exists  in  any  such  hotel 
or  building  or  structure  or  upon  the  lot  on  which  it  is  situated,  said  department  may 
institute  any  appropriate  action  or  proceeding  to  prevent  such  unlawful  construction, 
alteration,  conversion  or  maintenance,  to  restrain,  correct  or  abate  such  violation  or 
nuisance,  to  prevent  the  occupation  of  said  hotel,  building  or  structure,  to  prevent  any 
illegal  act,  conduct  of  business  in  or  about  such  hotel  or  lot.  In  any  such  action  or  pro- 
ceeding said  department  may,  by  afTidavit  setting  forth  the  facts,  apply  to  the  superior 
court,  or  to  any  judge  thereof,  for  an  order  granting  the  relief  for  which  said  action  or 
proceeding  is  brought,  or  for  an  order  enjoining  all  persons  from  doing  or  permitting 
to  be  done  any  work  in  or  about  such  hotel,  building,  structure  or  lot,  or  from  occupying 
or  using  the  same  for  any  purpose,  until  the  entry  of  final  judgment  or  order.  In  caa^- 
any  notice  or  order  issued  by  said  department  is  not  complied  with,  said  department 
may  apply  to  the  superior  court,  or  to  any  judge  thereof,  for  an  order  authorizing  said 
department  to  execute  and  carrj'  out  the  provisions  of  said  notice  or  order,  to  remove 
any  violation  specified  in  said  order  or  notice,  or  to  abate  any  nuisance  in  or  about  such 
hotel,  building  or  structure,  or  the  lot  upon  which  it  is  situated.  The  court,  or  any 
judge  thereof,  is  hereby  authorized  to  make  any  order  specified  in  this  section.     In  no 


1061  HOTBLS.  Act  2026,  §g  7S-81 

case  shall  the  said  department  or  any  officer  thereof  or  the  municipal  corporation  be 
liable  for  costs  in  any  action  or  proceeding  that  may  be  commenced  in  pursuance  of 
this  act. 

Pine  a  lien. 

5  78.  Every  fine  imposed  by  judgment  under  section  six  of  this  act  upon  a  hotel 
owner  shall  be  a  lien  upon  the  house  in  relation  to  which  the  fine  is  imposed,  from  the 
time  of  the  filing  of  a  certified  copy  of  said  judgment  in  the  office  of  the  recorder  of 
the  county  in  which  said  hotel  is  situated,  subject  only  to  taxes  and  assessments  and 
water  rates,  and  to  such  mortgage  and  mechanics'  liens  as  may  exist  thereon  prior  to 
such  filing;  and  it  shall  be  the  duty  of  the  department  charged  with  the  enforcement 
of  the  provisions  of  this  act,  upon  the  entry  of  such  judgment,  to  file  forthwith  the  copy 
as  aforesaid,  and  such  copy  upon  filing  shall  be  forthwith  indexed  by  the  recorder  in 
the  index  of  mechanics'  liens. 

Notice  of  pendency  of  action. 

§  79.  In  any  action  or  proceeding  instituted  by  the  department  charged  with  the 
enforcement  of  this  act,  the  plaintiff  or  petitioner  may  file,  in  the  county  recorder's 
office  of  the  county  where  the  property  affected  by  such  action  or  proceeding  is  situated, 
a  notice  of  the  pendency  of  such  action  or  proceeding.  Said  notice  may  be  filed  at  the 
time  of  the  commencement  of  the  action  or  proceeding,  or  at  any  time  afterwards  before 
final  judgment  or  order,  or  at  any  time  after  the  service  of  any  notice  or  order  issued 
by  said  department.  Such  notice  shall  have  the  same  force  and  effect  as  the  notice  of 
pendency  of  action  provided  for  in  the  Code  of  Civil  Procedure.  Each  county  recorder 
with  whom  such  notice  is  filed  shall  record  it  and  shall  index  it  in  the  name  of  each 
person  specified  in  a  direction  subscribed  by  an  officer  of  the  department  instituting 
such  action  or  proceeding.  Anj^  such  notice  may  be  vacated  upon  the  order  of  a  judge 
of  the  court  in  which  such  action  or  proceeding  was  instituted  or  is  pending.  The 
recorder  of  the  county  where  such  notice  is  filed  is  hereby  directed  to  mark  such  notice 
and  any  record  or  docket  thereof  as  canceled  of  record,  upon  the  presentation  and  filing 
of  a  certified  copy  of  such  order. 

Name  of  owner,  etc.,  filed. 

§  80.  Every  owner  of  a  hotel  and  every  lessee  or  other  person  having  control  of  a 
hotel,  shall  file  in  the  housing  department  a  notice,  containing  his  name  and  address,  and 
also  a  description  of  the  property,  by  street  and  number  and  othenvise,  as  the  case  may 
be,  in  such  manner  as  will  enable  the  department  charged  with  the  enforcement  of  this 
act  easily  to  find  the  same;  and  also  the  number  of  rooms  in  the  building.  In  ease  of  a 
transfer  of  any  hotel,  it  shall  be  the  duty  of  the  grantee  of  said  hotel  to  file  in  the  hous- 
ing department  a  notice  of  such  transfer,  stating  the  name  of  the  new  owner,  within 
thirty  days  after  such  transfer.  In  case  of  the  devolution  of  the  said  property  by  will, 
it  shall  be  the  duty  of  the  executor  and  the  devisee,  if  more  than  twenty-one  years  of 
age,  and  in  case  of  devolution  of  such  property  by  inheritance  without  a  will,  it  shall 
be  the  duty  of  the  heirs,  or  in  case  all  the  heirs  are  under  age,  it  shall  be  the  duty  of 
the  administrator  of  the  deceased  owner  of  said  property,  to  file  in  said  department  a 
notice,  stating  the  death  of  said  owner  and  the  names  of  those  who  have  succeeded  to 
his  interests,  within  thirty  days  after  the  death  of  the  decedent,  in  case  he  died  intestate, 
and  within  thirty  days  after  the  probate  of  his  will  if  he  died  testate. 

Name  of  agent  filed, 

§  81.  Every  owner,  agent  or  lessee  of  a  hotel  shall  file  in  the  housing  department  a 
notice  containing  the  name  and  address  of  such  agent  of  such  house,  for  the  purpose  of 
receiving  service  of  process,  and  also  a  description  of  the  property,  by  street  and  number 


i 


Act  202fi.  g§  82-85  GENERAL   LAWS.  1062 

or  otherwise,  as  the  case  may  be,  in  such  manner  as  will  enable  the  department  charged 
with  the  enforcement  of  this  act  easily  to  find  the  same.  The  name  of  the  owner  or 
lessee  may  be  filed  as  agent  for  this  purpose. 

Index  of  names. 

S^  82.  The  names  and  addresses  filed  in  accordance  -with  sections  seventy-nine  and 
eighty  shall  be  indexed  by  the  housing  department  in  such  a  manner  that  all  of  those 
filed  in  relation  to  each  hotel  shall  be  together  and  readily  ascertainable.  Said  indices 
shall  be  public  records,  open  to  public  inspection  during  business  hours. 

Time  of  service. 

§  83.  Every  notice  or  order  in  relation  to  a  hotel  shall  be  served  five  days  before  the 
time  for  doing  the  thing  in  relation  to  which  it  shall  have  been  issued. 

Manner  of  service. 

§  84.  In  any  action  brought  by  any  department  charged  with  the  enforcement  of  this 
act  in  relation  to  a  hotel  for  injunction,  vacation  of  the  premises  or  other  abatement  or 
nuisance,  or  to  establish  a  lien  thereon,  it  shall  be  suffieient  service  of  summons  to  serve 
the  same  as  notices  and  orders  are  served  under  the  provisions  of  the  Code  of  Civil 
Procedure. 

Minimum  requirements.    Supplementary. 

§  85.  The  provisions  of  this  act  shall  be  held  to  be  the  minimum  requirements 
adopted  for  the  protection,  the  health  and  the  safety  of  the  community,  and  for  the 
protection,  the  health  and  the  safety  of  the  occupants  of  hotels.  Nothing  in  this  act 
contained  shall  be  construed  as  prohibiting  the  local  legislative  body  of  any  incorpo- 
rated town,  incorporated  city,  incorporated  city  and  county,  or  county,  from  enacting 
from  time  to  time,  supplementary  ordinances  or  laws  imposing  further  restrictions,  or 
providing  for  fees  to  be  charged  for  permits,  certificates  or  other  papers  required  by 
this  act;  but  no  ordinance,  law,  regulation  or  ruling  of  any  municipal  department, 
authority,  ofiicer  or  officers,  shall  repeal,  amend,  modify  or  dispense  with  any  of  the 
provisions  of  this  act. 

Repealed. 

All  statutes  of  the  state  and  all  ordinances  of  incorporated  towns,  incorporated  cities, 
incorporated  cities  and  counties,  and  counties,  as  far  as  inconsistent  with  the  provisions 
of  this  act,  are  hereby  repealed;  provided,  that  nothing  in  this  act  contained  shall  be 
construed  as  repealing  or  abrogating  any  present  ordinance  or  law  of  any  incorporated 
town,  incorporated  city,  incorporated  city  and  county,  or  county,  in  the  state  which 
further  restricts  the  percentage  of  the  lot  to  be  covered  by  a  hotel,  the  number  of 
stories  or  height  of  such  hotel  or  number  of  rooms  therein,  the  occupation  thereof,  the 
materials  to  be  used  in  its  construction,  or  increasing  the  size  of  the  yards  or  courts, 
the  floor  space  to  each  person  occupying  a  room,  the  requirements  as  to  sanitation, 
ventilation,  light  and  protection  against  fire. 

Powers  of  cities  not  abrogated. 

Nothing  in  this  act  contained  shall  be  construed  as  abrogating,  diminishing,  mini- 
mizing or  denying  the  power  of  any  incorporated  town,  incorporated  city,  incorporated 
city  and  county,  or  county,  by  ordinance  or  law,  to  further  restrict  the  percentage  of 
the  lot  to  be  covered  by  a  hotel  within  said  municipality,  the  number  of  stories  or  height 
of  such  hotel  or  number  of  rooms  therein,  the  occupation  thereof,  the  materials  to  be 
used  in  its  construction,  or  increasing  the  size  of  the  yards  or  courts,  the  floor  space  to 
each  person  occupying  a  room,  the  requirements  as  to  sanitation,  ventilation,  light  and 
protection  against  fire. 


I 


1063  HOTELS.  Act  2028.  §§  1-3 

C  onstitntionality. 

§  86.  If  any  section,  subsection,  sentence,  clause  or  phrase  of  this  act  is  for  any  rea- 
son held  to  be  unconstitutional,  such  decision  shall  not  affect  the  validity  of  the  remain- 
ing portions  of  this  act.  The  legislature  hereby  declares  that  it  would  have  passed  this 
act,  and  each  section,  subsection,  sentence,  clause,  and  phrase  thereof,  irrespective  of 
the  fact  that  any  one  or  more  sections,  subsections,  sentences,  clauses,  or  phrases  be 
declared  unconstitutionaL 

In  effect  when. 

$  87.     This  act  shall  take  effect  and  be  in  force  from  and  after  September  1, 1917. 

Repealed. 

$  88.  "An  act  to  regulate  the  building  and  occupancy  of  hotels  and  lodging  houses 
in  incorporated  towns,  incorporated  cities,  and  cities  and  counties,  and  to  provide  penal- 
ties for  the  violation  thereof, ' '  approved  June  16,  1913,  statutes  of  California  of  1913, 
page  1429,  and  all  acts  amending  said  act,  are  hereby  repealed. 


HOTEL  ACT  OF  1917. 
ACT  2028 — An  act  relating  to  hotels,  defining  the  same,  providing  regulations  in  con- 
nection therewith,  providing  for  the  sanitation  of  the  rooms  of  such  hotels,  providing 
for  the  sanitary  method  and  manner  of  keeping,  handling  and  using  bedclothes  or  bed- 
covering  in  such  hotels,  providing  for  its  enforcement  by  the  state  board  of  health 
and  local  health  officers,  prescribing  a  penalty  for  the  violation  of  the  provisions 
hereof;  and  repealing  an  act  entitled  "An  act  relating  to  hotels,  defining  the  same, 
providing  regulations  in  connection  therewith,  providing  for  the  sanitation  of  the 
rooms  of  such  hotels,  providing  for  the  sanitary  method  and  manner  of  keeping, 
handling  and  using  bedclothes  or  bedcovering  in  such  hotels,  repealing  all  acts  or 
parts  of  acts  in  conflict  with  this  act,  providing  for  its  enforcement  by  the  state  board 
of  health,  and  providing  a  penalty  for  the  violation  of  any  of  its  provisions,"  ap- 
proved April  26,  1915. 

History:  Approved  May  11,  1917.  In  effect  July  27,  1917.  Stats. 
1917,  p.  432.  Prior  act  of  April  26,  1915,  Stats,  1915,  p.  213,  repealed 
by  the  present  act. 

Hotel  defined. 

5  1.  Every  building  or  structure,  kept  as,  used  as,  maintained  as,  or  advertised  as,  or 
held  out  to  the  public  to  be,  a  place  where  sleeping  or  rooming  accommodations  are  fur- 
nished to  the  public,  or  any  part  of  the  public,  whether  with  or  without  meals,  shall, 
for  the  purpose  of  this  act,  be  deemed  to  be  a  hotel,  and  whenever  the  word  "hotel" 
shall  occur  in  this  act,  it  shall  be  deemed  to  include  lodging  house  and  rooming  house. 

Clean  bedding,  etc. 

^  2.  All  bedding,  bedclothes,  or  bedcovering,  including  mattresses,  quilts,  blankets, 
sheets,  pillows  or  comforters,  used  in  any  hotel  in  this  state  must  be  kept  clean  and  free 
from  all  filth  or  dirt;  provided,  that  no  bedding,  bedclothes  or  bedcovering,  including 
mattresses,  quilts,  blankets,  sheets,  pillows  or  comforters,  shall  be  used  which  is  worn 
out  or  unfit  for  use  by  human  beings  according  to  the  true  intent  and  meaning  of 
this  act. 

Infected  rooms  fumigated. 

^  3.  Any  room  in  any  hotel  in  this  state  which  is  or  shall  be  infested  with  vermin 
or  bedbugs  or  similar  things,  shall  be  thoroughly  fumigated,  disinfected  and  renovated 
Until  such  vermin  or  bedbugs  or  other  similar  things  are  entirely  extenninated. 


Alt  :io::s,  e§  4-11  cbkkral  laws.  io«4 

Clean  rooms. 

^  4.  Every  room  in  any  hotel  in  this  state  used  for  sleeping  purposes,  must  be  kept 
free  from  any  and  every  kind  of  dirt  or  filth  of  -whatsoever  nature,  and  the  walls, 
floors,  ceilings  and  doors  of  every  such  room  shall  be  kept  free  from  dirt. 

Ventilation  devices. 

§  5.  Every  room  in  any  hotel,  used  for  sleeping  purposes,  shall  have  devices,  such  as 
a  window  or  transom,  so  constructed  as  to  allow  for  proper  and  a  sufficient  amount  of 
ventilation  in  each  such  room. 

Size  of  sheets.  . 

§  6.  Every  bed,  for  the  accommodation  of  any  person  or  persons  or  guests,  kept  or 
used  in  any  hotel  in  this  state,  must  be  provided  with  a  sufficient  supply  of  clean  bed- 
ding and  must  be  provided  with  sheets  at  least  eighty-one  inches  wide  and  ninety-eight 
inches  long;  provided,  however,  that  on  every  single  bed  there  shall  be  sheets  at  least 
fifty  inches  wide  and  ninety-eight  inches  long.  Every  bed  shall  be  supplied  with  clean 
sheets  and  pillow  slips  as  often  as  assigned  to  a  different  person. 

Individual  towels. 

^  7.  Every  hotel,  within  this  state,  having  a  public  washstand  or  washbowl,  where 
different  persons  gather  to  wash  themselves,  must  keep  a  sufficient  supply  of  clean  indi- 
vidual towels  for  the  use  of  such  persons  within  easy  access  of  or  to  such  persons  and 
in  plain  sight  and  view. 

Penalty  for  violation. 

$  8.  Every  owner,  manager,  lessee  or  other  person  in  charge  of  any  hotel  in  this 
state  who  shall  fail  to  comply  with  this  act  whether  through  the  acts  of  his  agents  or 
employees,  or  otherwise,  shall  be  guilty  of  a  misdemeanor  and  upon  conviction  shall  be 
fined  not  more  than  two  hundred  dollars  or  shall  be  imprisoned  for  not  more  than  three 
months;  and  every  day  that  any  hotel  shall  be  kept  in  violation  of  any  of  the  provisions 
of  this  act  such  keeping  shall  constitute  a  separate  offense. 

Enforcement. 

^  9.  It  shall  be  the  duty  of  the  state  board  of  health  and  local  health  officers  to 
enforce  the  provisions  of  this  act. 

Other  than  hotels. 

§  10.  Nothing  in  this  act  shall  be  construed  to  include  cots  or  bunks  where  the  same 
are  used  in  places  other  than  in  hotels. 

Stats.  1915,  p.  213,  repealed. 

$  11.  An  act  of  the  legislature  entitled  "An  act  relating  to  hotels,  defining  the  same, 
providing  regulations  in  connection  therewith,  providing  for  the  sanitation  of  the 
rooms  of  such  hotels,  providing  for  the  sanitary  method  and  manner  of  keeping,  hand- 
ling and  using  bedclothes  or  bedcovering  in  such  hotels,  repealing  all  acts  or  parts  of 
acts  in  conflict  with  this  act,  providing  for  its  enforcement  by  the  state  board  of  health, 
and  providing  a  penalty  for  the  violation  of  any  of  its  provisions, ' '  approved  April  26, 
1915,  is  hereby  repealed. 


1 


1065  HOURS   OF   LABOR.  Act  2034.  3  1 


CHAPTER  153. 

HOURS  OF  LABOR. 

References:  See,  generally,  tits.  "Infants";  "Master  and  Servant";  "Municipal  Corpo- 
rations"; "Pharmacy."  Also  Kerr's  Cyc.  Political  Code,  §§3244,  et  seq.;  Kerr'a 
Cyc.  Penal  Code,  §§  651,  653c. 

CONTENTS  OF  CHAPTER. 
ACT  2034.    Women's  Eight-Hour  Law. 

WOMEN'S  EIGHT-HOUR  LAW. 
ACT  2034 — An  act  limiting  the  hours  of  lahor  of  females  employed  in  any  manufac- 
turing, mechanical  or  mercantile  establishment,  laundry,  hotel,  or  restaurant,  or 
telegraph  or  telephone  estahlishment  or  office,  or  by  any  express  or  transportation 
company;  compelling  each  employer  in  any  manufacturing,  mechanical,  or  mercantile 
establishment,  laundry,  hotel  or  restaurant,  or  other  establishment  employing  any 
m  female  to  provide  suitable  seats  for  all  female  employees  and  to  permit  them  to  use 

■f  such  seats  when  they  are  not  engaged  in  the  active  duties  of  their  employment;  and 

providing  a  penalty  for  failure,  neglect  or  re.fusal  of  the  employer  to  comply  with  the 
provisions  of  this  act,  and  for  permitting  or  suffering  any  overseer,  superintendent, 
foreman  or  other  agent  of  any  such  employer  to  violate  the  provisions  of  this  act. 

History:  Approved  March  22,  1911,  Stats.  1911,  p.  437.  Amended 
(1)  June  12,  1913,  in  effect  August  10,  1913,  Stats.  1913,  p.  713;  (2) 
May  23,  1917,  in  effect  July  27,  1917,  Stats.  1917,  p.  829;  May  10,  1919, 
in  effect  July  22,  1919,  Stats.  1919,  p.  394.  The  amendment  of  1913 
was  of  the  entire  act  except  the  title. 

Females  not  to  work  more  than  eight  hours  per  day.    Employment  in  more  than  one 

establishment.    Not  applicable  to  nurses,  fruit  canning,  etc. 

^  1.  No  female  shall  be  employed  in  any  manufacturing,  mechanical  or  mercantile 
establishment,  laundry,  hotel,  public  lodging  house,  apartment  house,  hospital,  place  of 
amusement,  or  restaurant,  or  telegraph  or  telephone  establishment  or  office,  or  in  the 
operation  of  elevators  in  office  buildings  or  by  any  express  or  transportation  company  in 
this  state  more  than  eight  hours  during  any  one  day  of  twenty-four  hours  or  more  than 
forty-eight  hours  in  one  week.  It  shall  be  unlawful  for  any  employer  of  labor  to 
employ,  cause  to  be  employed  or  permit  any  female  employee  to  labor  any  number  of 
hours  whatever,  with  knowledge  that  such  female  has  heretofore  been  employed  within 
the  same  date  and  day  of  twenty-four  hours  in  any  establishment  and  by  any  previous 
employer,  for  a  period  of  time  that  will,  combined  with  the  period  of  time  of  emiDloy- 
ment  by  a  previous  employer  exceed  eight  hours;  provided,  that  this  shall  not  prevent 
the  employment  of  any  female  in  more  than  one  establishment  where  the  total  number 
of  hours  worked  by  said  employee  does  not  exceed  eight  hours  in  any  one  day  of  twenty- 
four  hours.  If  any  female  shall  be  employed  in  more  than  one  such  place,  the  total 
number  of  hours  of  such  employment  shall  not  exceed  eight  hours  during  any  one  day 
of  twenty-four  hours  or  forty-eight  hours  in  one  week.  The  hours  of  work  may  be  so 
arranged  as  to  permit  the  employment  of  females  at  any  time  so  that  they  shall  not  work 
more  than  eight  hours  during  the  twenty-four  hours  of  one  day,  or  forty-eight  hours 
during  any  one  week;  provided,  further,  that  the  provisions  of  this  section  in  relation 

I  to  hours  of  employment  shall  not  apply  to  or  affect  graduate  nurses  in  hospitals,  nor 
the  harvesting,  curing,  canning  or  drying  of  any  variety  of  perishable  fruit,  fish  or 
vegetable  during  such  periods  as  may  be  necessary  to  harvest,  cure,  can  or  dry  said 
fruit,  fish  or  vegetable  in  order  to  save  the  same  from  spoiling.  [Amendment  of  May  10, 
1919.  In  effect  July  22,  1919.  Stats.  1919,  p.  394.] 
This  section  was  also  amended  May  23,  1917,  Stats.  1917,  p.  829. 
I 


A«-t  ::(i:ii,  «g  a-4 


GE^NERAL   LAWS. 


1066 


Seats  for  female  employees. 

§  2.  Every  employer  in  any  manufacturing,  meclianical  or  mercantile  establishment, 
laundry,  hotel,  or  restaurant,  or  other  establishment  employing  any  female,  shall  pro- 
vide suitable  seats  for  all  female  employees,  and  shall  permit  them  to  use  such  seats 
when  they  are  not  engaged  in  the  active  duties  of  their  employment. 

Enforcement  of  act. 

§  3.  The  bureau  of  labor  statistics  shall  enforce  the  provisions  of  this  act.  The 
commissioner,  his  deputies  and  agents,  shall  have  all  powers  and  authority  of  sheriffs 
or  other  peace  officers,  to  make  arrests  for  violations  of  the  provisions  of  this  act,  and 
to  serve  all  processes  and  notices  thereunder  throughout  the  state. 

This  title  of  the  amending  act  of  1919  recites  an  amendment  of  this  section,  but  no  such 
amendment  appears  in  the  body  of  the  act. 

Penalty.    Disposition  of  fines. 

§  4.  Any  employer  who  shall  permit  or  require  any  female  to  work  in  any  of  the 
places  mentioned  in  section  one  more  than  the  number  of  hours  provided  for  in  this 
act  during  any  day  of  twenty-four  hours,  or  who  shall  fail,  neglect,  or  refuse  to  so 
arrange  the  work  of  females  in  his  employ  so  that  they  shall  not  work  more  than  the 
number  of  hours  provided  for  in  this  actT  during  any  day  of  twenty-four  hours,  or  who 
shall  fail,  neglect,  or  refuse  to  provide  suitable  seats  as  provided  in  section  two  of 
this  act,  or  who  shall  permit  or  suffer  any  overseer,  superintendent,  foreman,  or  other 
agent  of  any  such  employer  to  violate  any  of  the  provisions  of  this  act,  shall  be  guilty 
of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  punished  for  a  first  offense, 
by  a  fine  of  not  less  than  twenty-five  dollars  nor  more  than  fifty  dollars;  for  a  second 
offense,  by  a  fine  of  not  less  than  one  hundred  dollars  nor  more  than  two  hundred  and 
fifty  dollars;  or  by  imprisonment  for  not  more  than  sixty  days,  or  by  both  such  fine 
and  imprisonment.  All  fines  imposed  and  collected  under  the  provisions  of  this  act 
shall  be  paid  into  the  state  treasury  and  credited  to  the  contingent  fund  of  the  bureau 
of  labor  statistics. 


1.  Constitutionality — Only  one  suTij<-et  em- 
braced in  title.— Only  one  subject — that  of 
female  employment — is  embraced  in  the 
title  of  the  act. — In  re  Miller,  162  Cal.  687, 
700,   124   Pac.    427. 

2.  Same — Not  nnreasonable  as  a  health 
regulation. — The  limitation  of  the  hours  of 
labor  of  women  in  hotels  is  not  unreason- 
able as  a  health  reg-ulation. — In  re  Miller, 
162   Cal.    687,    698,    124    Pac.    427. 

3.  Same  —  Exclusive  application  to 
women  not  unreasonable. — The  application 
of  the  eight-hour  laws  exclusively  to 
women  is  justified  on  the  ground  that  they 
are  less  robust  in  physical  organization 
and  structure  than  men,  that  they  have 
the  burden  of  child  bearing,  and  conse- 
quently, that  the  health  and  strength  of 
posterity  and  of  the  public  in  general  is 
presumed  to  be  enhanced  by  preserving 
and  protecting  women  from  exertion  which 
men  might  bear  without  detriment  to  the 
general  welfare. — In  re  Miller,  162  Cal.  687, 
695,    124   Pac.    427. 

4.  Same — Xot  unreasonable  as  applied 
exclusively  to  women. — Reasonable  regu- 
lations limiting  the  hours  of  labor  of 
women  are  within  the  scope  of  legislative 
action  through  a  state  police  statute. — Mil- 
ler V.  Wilson,  236  U.  S.  373,  59  L.  ed.  628, 
35  Sup.  Ct.  342,  Li.  R.  A.   1915F,  829. 


5.  Same  —  Same.  —  The  reasonable  exer- 
tion of  the  police  authority  of  a  state  Is 
not  ovierstepped  and  liberty  of  contract 
unduly  abridged  by  a  statute  prescribing 
eight  hours  a  day  or  a  maximum  of  forty- 
eight  hours  a  week  for  women. — Miller  v. 
Wilson,  236  U.  S.  373,  59  L.  ed.  628.  35  Sup. 
Ct.    342,   L.   R.   A.   1915P,    829. 

6.  Same — Does  not  violate  constitutional 
rights. — The  woman's  eight-hour  law  does 
not  constitute  a  violation  of  section  18, 
article  XX,  or  of  section  1,  article  I,  or  of 
section  11,  article  I,  or  of  section  21,  article 
I,  or  of  section  25  of  article  IV,  of  the 
constitution. — In  re  Miller,  162  Cal.  687, 
692,    124    Pac.    427. 

7.  Same — Certain  exemptions  not  unrea- 
sonable discrimination. — The  exemption  of 
women  employed  in  harvesting,  curing, 
canning  or  drying  perishable  fruits  or  veg- 
etables is  not  an  improper  discrimination, 
in  view  of  the  short  period  of  such  employ- 
ment, the  greater  necessity,  from  the  stand- 
point of  the  general  welfare,  for  facility 
in  obtaining  employees  to  do  the  work 
than  obtains  in  ordinary  employments  in 
order  to  avoid  loss  from  the  perishable 
nature  of  the  products  preserved. — In  re 
Miller,  162  Cal.   678,   700,   124   Pac.   427. 

9.  Same — Women  in  hotels,  exemption 
of,     not     unreasonable    discrimination. — The 


1067  PUMBOLDT  BAY.  Acts  3031,  a053 

California   statute   of   1911    Is   not   unconsti-  importance  to  the  public  that  it  should  not 

tutional    as    to    women    employed    in    hotels,  be  performed  by  persons  over-fatigued,  and 

either   as   an   unwarranted    invasion    of   lib-  it    is    therefore    a    proper    subject    for    the 

erty    of    contract,    or    as    a    denial    of    equal  legislative  control  of  the  hours  of  labor  of 

protection  of  the  law,  on  the  ground  of  un-  women    so    employed. — Bosley    v.    McL.aug'h- 

reasonable    discrimination    because    of    the  lin,   236  U.  S.   385,  59  L.  Ed.   632,   35   Sup   Ct. 

omissions     of     certain     classes     of     female  345. 

laborers  from   its  operation,  or  because  the  13.     Same — Same. — The     question     of     the 

classiflcation   is    based    on    the    character    of  necessity   of  limiting'  the   hours   of  labor   of 

the   employer's   business,    and    not    upon    the  women  pharmacists  and  nurses   is  a  matter 

character  of  the  employees  work. — Miller  v.  for   the   legislature   and   not   for   the   courts. 

Wilson,  236  U.  S.  373,  59  L.   Ed.   628,   35  Sup.  — Bosley    v.    McLaughlin,    236    U.    S.    385,    59 

Ct.   342,   L.  R.   A.   1915F,   829;   Bosley   v.   Mc-  L.  Ed.  632,  35  Sup  Ct.  345. 

Laughlin,    236    U.    S.    385,    59    L.    Ed.    632,    35  14.      Same    —    Pharmacists      and     student 

Sup.    Ct.    345.  nurses — Inva.sion     of     rig-ht     of     contract. — 

10.  Same — Same. — The  act  of  March  22,  The  restriction  of  the  hours  of  labor  of 
1911  (437),  known  as  the  woman's  eight  women  pharmacists  and  nurses  in  hospi- 
hour  law  is  constitutional  so  far  as  it  ap-  tals  to  eight  hours  a  day  or  a  maximum 
plies  to  women  employed  in  hotels, — In  re  of  forty-eight  hours  a  week  is  not  so  pal- 
Miller,    162   Cal.    687,    692,   124   Pac.    427.  pably    arbitrary    as    to    be    an    unconstitu- 

11.  Same  —  Same. — The  woman's  eight  tional  invasion  of  the  right  of  contract. — 
hour  law  is  not  rendered  special  or  dis-  Bosley  v.  McLaughlin,  236  U.  S.  385,  59 
criminating  because  it  is  made   to  apply   to  L.   ed.   632,    35   Sup.   Ct.   345. 

women  employed  in  hotels,  and  not  to  those  15.      Same — Exception  of  graduate  nurses. 

employed    in    lodging   houses. — In    re   Miller,  — The    exception    of    graduate    nurses    from 

162  Cal.   687,   699,   124   Pac.   427.  the     operation     of     the     statute     is     not     so 

13.     Same  —  Exemption      of      pharmacists  arbitrary   as   to    render    the    act   unconstitu- 

and    student   nurses,   not    unreasonable   dis-  tional    as    denying    the    equal    protection    of 

crimination.    —    Pharmacists     and     student  the    law. — Bosley    v.    McLaughlin,    236    U.    S. 

nurses  perform  work  of  such  character  and  385,   59  L.   ed.   632,   35   Sup.   Ct.   345. 

HOUSE  OF  CORRECTION. 
See  tit.  "Preston  School  of  Industry." 

HOUSEBOATS. 

See  "Waters." 

HOUSES  OF  PROSTITUTION. 

See  tit.  "Prostitution,"  and  Kerr's  Cye.  Penal  Code,  $$  315,  316. 


CHAPTER  154. 

HUMBOLDT  BAY. 

References:   Depositing  sawdust,  slabs,  etc.,  in  Humboldt  Bay,  see  Kerr's  Cye.  Penal 
Code,  §  612. 
Obstructions  in  cliannels,  see  Kerr's  Cye.  Political  Code,  §§  2567,  et  seq. 
See,  generally,  tit.  "Buoys  and  Beacons,"  and  Kerr's  Cye.  Penal  Code,  §§  609,  613,  614. 

CONTENTS  OF  CHAPTER. 

ACT  2051.  Grant  of  Tide  Lands  to  U.  S.  for  Purpose  of  Improving  Harbor.   Act  of  1887. 

2052.  Grant  of  Tide  Lands  to  U.  S.  for  Purpose  of  Improving  Harbor.  Act  of  1889. 

2053.  Purchase  op  Certain  Lands  in  Humboldt  Bay. 

2054.  Survey  of  Humboldt  Bay. 

GRANT  OF  TIDE  LANDS  TO  THE  UNITED  STATES.    ACT  OF  1887. 
ACT  2051 — An  act  to  grant  to  the  United  States  certain  tide  lands   "belonging  to   the 
state  of  California  for  the  purpose  of  improving  the  harbor  of  Humboldt  hay. 
History:    Approved  March  9,  1887,  Stats.  1887,  p.  59. 

GRANT  OF  TIDE  LANDS  TO  THE  UNITED  STATES.    ACT  OF  1889. 
ACT  2052 — An  act  to  grant  to  the  United  States  certain  tide  lands  belonging  to  the 
state  of  California,  for  the  purpose  of  improving  the  harbor  of  Humboldt  bay. 
History:    Approved  March  15,  1S89,  Stats.  1889,  p.  201. 


Acts  2053-2071  GENERAL  I-AWS^  1068 

PURCHASE  OF  CERTAIN  LANDS  IN  HUMBOLDT  BAY. 
ACT  2053 — An  act  authorizing  the  governor  and  attorney  general  to  purchase  for  the 
state  certain  lands  in  Humboldt  hay. 

History:    Approved  Rfarch  22,  1899,  Stats.  1899,  p.  166. 

SURVEY  OF  HUMBOLDT  BAY. 
ACT  2054 — An  act  appropriating  money  to  he  expended  by  and  under  the  direction  of 
the  department  of  engineering  for  the  purpose  of  making  a  preliminary  survey  of 
Humboldt  Bay  and  gathering  data  for  a  report  to  the  legislature  as  to  the  necessity 
of  dredging  and  removing  sand  and  other  deposits  formed  across  the  channels  of  said 
bay  and  as  to  the  best  manner  of  removing  said  deposits  that  the  navigability  of  said 
bay  may  be  improved  and  making  an  estimate  of  the  cost  thereof. 

History:    Approved  April  12,  1909,  Stats.  1909,  p.  841, 
This  act  appropriated  $2,000  for  the  purpose    indicated. 

CHAPTER  155. 

HUMBOLDT  COUNTY. 

References:   County  boundary,  see  tit.  "County  Boundaries,"  and  Kerr's  Cyc.  Political 
Code,  §  3920. 
County  government,  officers,  etc.,  see  Kerr's  Cyc.  Political  Code,  §§  4000,  et  seq. 
Navigable  streams,  see  Kerr's  Cyc.  Political  Code,  §  2349. 

CONTENTS  OF  CHAPTER. 

ACT  2062.     Additional  Superior  Judge. 

2063.  Challenges  to  Jurors  in  Justice's  Courts. 

2064.  Scaling  Logs.     ■ 

2071.     Disposal  of  Lots  in  Towns  and  Villages  on  the  Public  Lands. 

ADDITIONAL  SUPERIOR  JUDGE. 
ACT  2062 — An  act  to  provide  an  additional  judge  for. 

History:    Approved  March  8,  1895,  Stats.  1895,  p.  27. 
This   act   increased   the   number   of   superior  judges  from  one  to   two. 

CHALLENGES  TO  JURORS  IN  JUSTICE'S  COURTS. 
ACT  2063 — An  act  in  relation  to  jurors  in  courts  of  justice  of  the  peace  in  Humboldt 

county. 

History:    Approved  March  3,  1874,  Stats.  1873-74,  p.  229. 

Superseded  in  part  by  fee  bill  act  of  1895,  This   act   related   to   the    grounds   of   chal- 

Stats.  1895,  p.  273. — See  Kerr's  Cyc.  Po-  lenge  of  jurors  in  civil  actions.  Compare 
litical  Code,   §§  4230,   et  seq.  Kerrs    Cyc.     Code    Civil    Procedure,    §§  600, 

et  seq.,   and   885. 

LOG  SCALING. 
ACT  2064 — An  act  providing  for  the  scaling  of  logs  in  Humboldt  county. 
History:    Approved  March  30,  1878,  Stats.  1877-78,  p.  779. 

This    act    was    approved    two    days    after  This  act  provided  for  the  scaling:  of  logs 

the  act  passed  by  the  same  session  of  the  by  the  "quarter  scale."  As  to  the  meaning 
legislature  providing  a  standard  for  log  of  this  method  of  scaling  timber,  see  the 
scaling. — See   Act   2569.  court's    opinion    in    Bullock    v.    Consumer'.s 

Lumber  Co.,   3   Cal.  Unrep.   609,   31   Pac.   367. 

DISPOSAL  OF  TOWN  AND  VILLAGE  LOTS  ON  PUBLIC  LANDS. 

A.CT  2071 — An  act  to  provide  for  the  disposal  of  lots  in  the  towns  and  villages  on  the 

public  lands  in  the  county  of  Humboldt. 

History:  Approved  April  27,  1855,  Stats.  1855,  p.  168.  Amended 
April  3,  1856,  Stats.  1856,  p.  75;  April  24,  1857,  Stats.  1857,  p.  241;  Janu- 
ary 24,  1860,  Stats.  1860,  p.  5. 


10C9  HUNTING    OX    PRIVATE    GROUNDS.  Act  2078 

This    act    was    passed    to    carry    out    the  such   jurisdiction    as    the    legislature    is   au- 

provisions  of  and  to  give  effect  to  the  fed-  thorized   to    confer   upon   such   court   under 

eral  statutes   for   the   benefits   of   the   occu-  section  9,   article  VI   of  the  constitution  of 

pants    of    such    towns    and    villages. — Ricks  1849. — Ricks   v.    Reed,   19    Cal.    551;    Ryan    v. 

V.   Reed,    19   Cal.   551.  Tomlinson,   31  Cal.   11. 

1.  Constitutionality. — The  legislation  Is  3.  Trial,  a  "special  case." — The  trial  of 
both  constitutional  and  wise  and  fur-  a  conflicting  claim  under  this  act  by  the 
nishes  a  proper  method  of  giving  protection  county  court  is  a  "special  case."— Ricks  v. 
to  the  rights  of  bona  fide  occupants,  as  Reed,  19  Cal.  551;  Ryan  v.  Tomlinson,  31 
distinguished    from    mere    trespassers    who  Cal.   11. 

have  temporarily  intruded  upon  the  lots.—  4.  Ground  of  jurisdiction. — The  action 
Ricks  V.  Reed,  19  Cal.  551;  Ryan  v.  Toralin-  of  the  board  of  trustees  only  became  mate- 
son,  31  Cal.  11.  rial    as    furnishing    authority    for    the    pro- 

2.  Jurisdiction  ot  court  not  appellate. —  ceedings  before  the  county  court. — Ricks 
The  jurisdiction  of  conflicting  claims  un-  v.  Reed,  19  Cal.  551;  Ryan  v.  Tomlinson,  31 
der     the     act     conferred     upon     the     county  Cal.    11. 

court   is   not   appelate   but   original,   and    is 

CHAPTER  156. 

HUNTING  ON  PRIVATE  GROUNDS. 

References:    Hunting  on  enclosed  land,  see  Kerr's  Cyc.  Penal  Code,  §§  384c,  602,  627. 
Tearing  down  "No  liunting"  signs,  see  Kerr's  Cyc.  Penal  Code,  §  602,  627. 
See,  generally,  tits.  "Fences";  "Trespass." 

CONTENTS  OF  CHAPTER. 

ACT  2078.     Hunting  and  Shooting  Upon  Private  Grounds. 

HUNTING  AND  SHOOTING  ON  PRIVATE  GROUNDS. 

ACT  2078 — An  act  to  prevent  hunting  and  shooting  on  private  inclosed  grounds,  and 

the  destruction  of  growing  timber  on  private  grounds  in  certain  counties  in  this  state. 

History:    Approved  March  8,  1872,  Stats.  1871-72,  p.  304.     Amended 
March  30,  1874,  Stats.  1873-74,  p.  792. 

Partly    codified    by    §  602,    Penal    Code.  apply    to    Alameda,    San    Mateo,    Marin,    San 

This   act   applied   to   Alameda,    San   Mateo,  Bernardino,  San  Diego,  Colusa,  Sacramento, 

Marin,    San    Bernardino,    San    Diego,   Colusa,  Sonoma,    Nevada,    Humboldt,    Los    Angeles, 

Sacramento,     Sonoma,     Nevada,      Humboldt,  Santa     Barbara,     Contra     Costa,     San     Luis 

Los   Angeles,    Santa   Barbara,    Contra   Costa,  Obispo,    and  Mendocino   counties, 

and     San     Luis     Obispo     counties.      It     was  See   Act   1499. 
amended  in  1873-74,  p.  792,  so  as  to  make  it 

HUNTINGTON  BEACH. 

See  Act  3094,  note. 

HUNTINGTON  PARK. 

See  Act  3094,  note. 

HUSBAND  AND  WIFE. 

See  Ken-'s  Cyc.  Civil  Code,  §^  159,  et  seq. 

ICE  CREAM. 

See  tit.  "Dairies." 

CHAPTER  157. 

IMMIGRATION. 

References:   Immigration  laws,  violation  of,  see  Kerr's  Cyc.  Penal  Code,  §§  174,  175. 
Immigration  regulations,  see  Kerr's  Cyc.  Political  Code,  §§  2949,  et  seq. 

CONTENTS  OF  CHAPTER. 

ACT  2089.     Immigration  of  Persons  Incompetent  to  Become  CiTizENaii 

2090.  Immigration  and  Housing  Act  of  1913. 

2091.  Immigrant  Disembarking  Zones. 


A.Cta  2080, 2000.  S§  1-4  GIDNCRAL   LAWS.  1070 

IMMIGRATION  OF  PERSONS  INCOMPETENT  TO  BECOME  CITIZENS. 
ACT  2089 — An  act  to  discourage  the  immigration  to  this  state  of  persons  who  can  not 
become  citizens. 

History:    Approved  April  28,  1855,  Stats.  1855,  p.  194. 

This  act  Imposed  a  fine  of  fifty  dollars  on  every  immigrant  incompetent  to  become  a 
citizen.     It  was  declared  unconstitutional  in  People  v.  Downer,  7  Cal.  169. 

IMMIGRATION  AND  HOUSING  ACT  OF  1913. 
ACT  2090 — An  act  relating  to  immigrants  and  immigration,  creating  a  commission  of 
immigration  and  housing,  providing  for  the  employment  by  said  commission  of  a 
secretary,  agents  and  other  employees,  authorizing  said  commission  to  fix  their  com- 
pensation, prescribing  the  duties  of  said  commission,  providing  for  the  investigation 
by  said  commission  of  all  things  affecting  immigrants,  and  for  the  care,  protection 
and  welfare  of  immigrants,  and  making  an  appropriation  for  the  purpose  of  carrying 
out  the  provisions  hereof. 

History:  Approved  June  12,  1913.  In  effect  August  10,  1913.  Stats. 
1913,  p.  608.  Amended  (1)  May  26,  1915,  in  effect  August  8,  1915,  Stats. 
1915,  p.  848;  (2)  May  31,  1917,  in  effect  July  30,  1917,  Stats.  1917, 
p.  1514. 

Commissioners  of  immigration  and  housing. 

§  1.  Within  thirty  days  after  this  act  shall  go  into  effect,  the  governor  of  the  state 
shall  appoint  five  suitable  persons  to  act  as  commissioners  of  immigration  and  housing. 
Said  commissioners  shall  hold  oflSce  and  serve  solely  at  the  pleasure  of  the  governor  and 
not  otherwise. 

Compensation. 

§  2.  Said  commissioners  shall  serve  without  compensation,  but  shall  be  entitled  to 
receive  from  the  state  their  actual  necessary  expenses  while  traveling  on  the  business 
of  the  commission,  either  within  or  without  the  state  of  California. 

Organization  of  commission,  seal,  quorum,  etc.    Vacancy.    Headquarters. 

§  3.  The  commission  shall  be  known  as  the  "commission  of  immigration  and  housing 
of  California."  It  shall  have  a  seal  for  the  authentication  of  its  orders  and  proceedings 
upon  which  shall  be  inscribed  the  words  "commission  of  immigration  and  housing — 
California — seal."  Each  member  of  the  commission,  before  entering  upon  the  duties 
of  his  office,  shall  take  the  oath  of  office  as  prescribed  by  the  Political  Code  for  state 
ofScers  in  general,  and  must  execute  an  official  bond  in  the  sum  of  five  thousand  dollars. 
Within  thirty  days  after  appointment,  the  commission  shall  meet  at  the  state  capitol  and 
organize,  selecting  a  president,  a  vice-president  and  a  secretary,  A  majority  of  the 
commission  shall  constitute  a  quorum  for  the  exercise  of  the  powers  or  authority  con- 
ferred upon  it.  Whenever  a  vacancy  occurs  in  the  commission,  from  any  cause  whatso- 
ever, such  vacancy  shall  be  filled  by  the  governor,  as  provided  in  section  one  for  the 
original  creation  of  the  commission.  In  case  of  a  vacancy,  the  remaining  members  shall 
exercise  all  the  powers  and  authority  of  the  commission  until  such  vacancy  is  filled. 
The  commission  shall  maintain  its  headquarters  and  principal  office  in  the  city  and 
county  of  San  Francisco,  and  may  establish  branch  offices  at  any  place  or  places  which 
in  the  judgment  of  the  commission  may  be  deemed  advisable.  The  commission  may, 
however,  hold  sessions  at  any  place  other  than  its  offices  when  the  convenience  of  the 
commission  and  the  parties  interested  so  requires. 

Employees. 

^  4.  For  the  purpose  of  carrying  out  the  provisions  of  this  act,  the  said  commissionj 
is  authorized  to  employ  such  expert  and  other  emploj'ees  as  it  may  deem  necessary,  and 
upon  such  terms  and  for  such  compensation  as  it  may  deem  proper.    The  said  commis- 


lOTl  IMMIGRATIOIV.  Act  209O,  §§  5(,  8 

sion  shall  have  power  to  enter  into  contracts  of  employment  with  such  persons  as  it  may 
desire  to  employ  for  a  definite  period  of  time;  but  no  contract  shall  be  made  for  more 
than  one  year.  The  employees  of  the  commission  shall  be  entitled  to  receive  from  the 
state  their  actual  necessary  expenses  while  traveling  on  the  business  of  the  commission, 
either  within  or  without  the  state  of  California. 

Powers  and  duties  of  commission.   Employment  bureaus. 

$  5.  The  commission  of  immigration  and  housing  shall  have  the  power  to  make  full 
inquiry,  examination  and  investigation  into  the  condition,  welfare  and  industrial  oppor- 
tunities of  all  immigrants  arriving  and  being  within  the  state.  The  commission  shall 
also  gather  information  as  to  the  agricultural  possibilities  and  opportunities  for  settle- 
ment on  land  within  the  state ;  such  information  to  include  soil  and  agricultural  surveys 
of  the  arable  land  within  the  state  and  other  data  relating  to  the  price  and  productivity 
of  land.  The  commission  shall  also  have  power  to  collect  information  with  respect  to 
the  need  and  demand  for  labor  by  the  sieveral  agricultural,  industrial  and  other  produc- 
tive activities,  including  public  works,  within  the  state;  to  gather  information  with 
respect  to  the  sujDply  of  labor  afforded  by  such  immigrants  as  they  shall  from  time  to 
time  arrive  or  be  within  the  state;  to  ascertain  the  occupations  for  which  such  immi- 
grants shall  be  best  adapted,  and  to  bring  about  intercommunication  between  them  and 
the  several  activities  requiring  labor  which  will  best  promote  their  respective  needs; 
to  investigate  and  determine  the  genuineness  of  any  application  for  labor  that  may  be 
received  and  the  treatment  accorded  to  those  for  whom  employment  shall  be  secured; 
to  co-operate  with  the  state  employment  bureaus,  municipal  employment  bureaus,  and 
with  private  employment  agencies  within  the  state,  and  also  with  the  employment  and 
immigration  bureaus  conducted  under  the  authority  of  the  federal  government  or  by 
the  government  of  any  other  state,  and  with  public  and  philanthropic  agencies  designed 
to  aid  in  the  distribution  and  employment  of  immigrants;  and  to  devise  and  carry  out 
such  other  suitable  methods  as  will  tend  to  prevent  or  relieve  congestion  and  obviate 
unemployment;  and  to  collect  and  publish,  in  English  or  foreign  languages,  for  distri- 
bution among  immigrants,  in,  or  embarked  for,  California,  such  information  as  is  deemed 
essential  to  their  protection,  distribution,  education  and  welfare;  and  said  commission 
is  hereby  empowered  and  authorized  to  have  printed  by  the  state  printer  any  such 
reports  or  information,  records  or  proceedings  as  it  may  deem  necessary  or  proper;  and 
if  for  any  reason  the  state  printer  is  not  equipped  to  do  any  part  of  said  work,  then 
the  said  commission  shall  have  the  right  and  the  authority  to  have  the  same  done  else- 
where upon  such  terms  and  conditions  as  it  may  deem  proper. 

Co-operation  with  federal,  etc.,  authorities.     Children  of  school  age.     Instruction  in 

English.    Playgrounds. 

§  6.  The  commission  shall  co-operate  with  the  proper  authorities  and  organizations, 
federal,  state,  county,  municipal  and  private,  with  the  object  in  view  of  bringing  to  the 
immigrant  the  best  opportunities  for  acquiring  education  and  citizenship.  To  that  end 
it  shall  procure  from,  or  with  the  consent  of,  the  federal  authorities,  complete  lists  giv- 
ing the  names,  ages  and  destination  within  the  state  of  all  immigrant  children  of  school 
age,  and  such  other  facts  as  will  tend  to  identify  them,  and  shall  forthwith  deliver  copies 
of  such  lists  to  the  superintendent  of  public  instruction  or  the  several  boards  of  educa- 
tion and  school  boards  in  the  respective  localities  within  the  state  to  which  said  chil- 
dren shall  be  destined,  to  aid  in  the  enforcement  of  the  provisions  of  the  education  law 
relative  to  the  compulsory  attendance  at  school  of  children  of  school  age.  The  com- 
mission shall  further  co-operate  with  the  superintendent  of  public  instruction  and  with 
the  several  boards  of  education  in  the  state  to  ascertain  the  necessity  for  and  the  extent 
to  which  instruction  should  be  imparted  to  immigrants  within  the  state  and  to  devise 
methods  for  the  proper  instruction  of  adult  and  minor  aliens  in  the  English  language 


Act  2090,  §§  7,  8  GENERAL,  L,A\%  S.  1072 

and  other  subjects;  and  in  respect  to  the  duties  and  rights  of  citizenship  and  the  funda- 
mental principles  of  the  American  system  of  government;  and  shall  co-operate  with  the 
proper  authorities  and  with  private  agencies  to  put  into  operation  practical  devices  for 
training  for  citizenship  and  for  encouraging  naturalization.  It  shall  be  the  aim  to  com- 
municate this  instruction  to  the  immigrant  as  soon  after  his  arrival  as  is  practicable. 
The  commission  shall  co-operate  with  the  proper  authorities  to  extend  this  education 
for  both  children  and  adults  to  labor  camps  and  other  localities  from  which  the  regular 
schools  are  not  easily  accessible.  The  commission  in  co-operation  with  the  proper  au- 
thorities and  organizations  shall  encourage  the  establishment  of  playgrounds  and  other 
recreational  activities,  and  also  the  establishment  of  settlements  and  social  centers  in 
cities  and  towns. 

Inspection  of  labor  camps,  etc.    Housing  conditions.    Ticket  agents.  Aid  societies. 

§  7.  With  the  object  in  view  of  rendering  to  the  immigrant  that  protection  to  which 
they  are  entitled,  the  commission  of  immigration  and  housing  may  inspect  all  labor 
camps  within  the  state,  and  may  inspect  all  employment  and  contract  agencies  dealing 
with  immigrants  or  who  secure  or  negotiate  contracts  for  their  employment  within  the 
state;  may  investigate  the  banking  relations  that  exist  between  immigrants  and 
laborers;  may  investigate  and  inspect  institutions  established  for  the  temporary  shelter 
and  care  of  immigrants  and  such  philanthropic  societies  as  shall  be  organized  for  the 
purpose  of  securing  employment  for  or  aiding  in  the  distribution  of  immigrants,  and 
the  methods  by  which  they  are  conducted;  and  shall  investigate  housing  conditions 
under  which  immigrants  live,  and  sanitary  and  safety  conditions  under  which  immi- 
grants are  employed;  it  shall  further  investigate  conditions  prevailing  at  the  various 
places  where  immigrants  are  landed  within  the  state  and  at  the  several  docks,  ferries, 
railway  stations,  and  on  trains  and  boats  therein,  and  shall  investigate  any  and  all 
complaints  with  respect  to  frauds,  extortion,  incompetency  and  improper  practices  by 
notaries  public  and  other  public  officials;  it  shall  further  investigate  the  relations  exist- 
ing between  immigrants  and  steamship  and  railway  ticket  agents,  hotel  runners,  cab- 
men, baggage-men,  interpreters  and  pawn-brokers;  it  shall  further  investigate  the 
dealings  carried  on  between  immigrants  and  real  estate  firms  or  corporations;  and  as 
the  result  of  any  of  the  above  inspections  or  investigations,  if  it  should  find  evidences 
of  fraud,  crime,  extortion,  incompetency,  improper  practices  or  exploitation,  it  shall 
be  the  duty  of  the  commission  of  immigration  and  housing  to  present  to  the  proper 
authorities  the  evidences  for  action  thereon,  and  shall  bring  to  bear  all  the  authority 
within  its  power  to  see  that  justice  is  rendered.  The  commission  shall  also  encourage 
the  establishment  of  legal  aid  societies. 

Violations  of  law.    Remedial  action.    Right  to  enter  tenements,  etc. 

$  8.  With  the  further  object  in  view  of  bringing  to  the  immigrant  the  best  protection 
the  state  can  afford,  it  shall  be  the  duty  of  the  commission  to  call  to  the  attention  of 
the  proper  authorities  any  violations  it  may  discover  of  the  laws  pertaining  to  the  pay- 
ment of  wages,  to  the  mode  of  paying,  pertaining  to  the  child  labor  laws,  the  employ- 
ment of  women,  factory  inspection  laws,  weekly  day  of  rest  laws,  protection  of  labor 
under  building  laws,  protection  of  labor  under  public  works  laws,  laws  relating  to  the 
white  slave  traffic,  and  laws  of  the  state  and  county  and  municipal  health  departments ; 
the  tenement  house  laws,  and  other  laws  pertaining  to  housing  conditions.  The  com- 
mission shall  investigate  and  study  the  general  economic,  housing  and  social  conditions 
of  immigrants  within  the  state,  for  the  purpose  of  inducing  remedial  action  by  the  vari- 
ous agencies  of  the  state  possessing  requisite  jurisdiction;  and  shall  generally,  in  con- 
junction with  existing  public  and  private  agencies,  consider  and  devise  means  to  pro- 
mote the  welfare  of  the  state.  The  members  of  the  commission  of  immigration  and 
housing  or  any  of  their  authorized  agents  shall  have  the  right  to  enter  into  tenement 


1073  IMMIGRATION.  Act  2090,  §§  9-14 

houses,  buildings  and  dwelling  places  for  the  purpose  of  inspecting  such  houses,  build- 
ings, and  dwelling  places  to  secure  compliance  with  state  tenement  and  building  acts  and 
municipal  building  ordinances  and  to  prevent  violation  thereof,  and  shall  have  the  right 
to  examine  the  records  of  the  various  city  departments  charged  with  the  enforcement 
of  the  tenement  house  law  and  other  building  I'egulations  and  to  secure  from  them 
reports  and  copies  of  their  records  at  any  time. 

Information  from  state  officials,  etc.    Evidence  may  be  gathered. 

§  9.  The  commission  shall  have  the  right  to  demand  of  all  officials,  state,  county 
and  municipal,  and  it  shall  be  the  duty  of  said  officials  to  supply,  such  information  and 
references  to  records  as  will  enable  the  commission  to  carry  into  effect  the  provisions 
and  intent  of  this  act;  and  shall  have  the  right  to  enter  upon  private  property  to  make 
investigation  for  the  purposes  of  carrying  out  the  provisions  of  this  act.  For  the 
purpose  of  carrying  out  fully  the  intent  and  spirit  of  this  act,  the  said  commission 
shall  have  full  power  and  authority  to  gather  any  and  all  such  evidence  as  it  may  deem 
proper  and  necessary  in  order  to  present  the  same  to  the  proper  authorities  for  the 
purpose  of  instituting  prosecutions  against  any  and  all  persons,  firms  or  corporations 
found  violating  any  of  the  laws  of  any  municipality,  county  or  of  the  state  or  of  the 
federal  government,  concerning  any  of  the  matters  in  this  act  referred  to. 

Hearings.    Commission  may  subpoena  witnesses^ 

§  10.  For  the  purpose  of  carrying  out  to  the  fullest  extent  the  provisions  hereof, 
the  said  commission  or  any  member  thereof  shall  have  power  to  hold  hearings  for  the 
purpose  of  investigation  or  inquiry,  and  for  the  purpose  of  reaching  an  amicable  settle- 
ment of  controversies  existing  between  persons,  firms,  and  corporations  mentioned 
herein;  and  to  this  end  and  purpose,  the  said  commissioners  and  each  of  them  and  such 
person  as  may  be  designated  in  writing  by  said  commission,  are  hereby  authorized  and 
empowered  to  subpoena  witnesses  to  appear  at  such  hearings  and  to  administer  oaths. 
No  decision  shall  be  termed  to  be  final  until  ratified  and  approved  by  the  said  com- 
mission and  filed  in  its  office.  [Amendment  of  May  26,  1915.  In  effect  August  8,  1915. 
Stats.  1915,  p.  848.] 

Definitions. 

§  11.  For  the  purposes  of  this  act,  the  words  immigrant  and  immigfration  shall  refer 
to  any  alien  who  is  within  the  state,  either  permanently  or  temporarily  domiciled  here, 
or  in  transit,  or  passing  through  the  state  to  a  contiguous  state  or  territory;  said 
words  shall  further  refer  to  any  alien  who  may  first  have  taken  up  residence  in  some 
other  state  or  in  one  of  the  federal  territorial  possessions,  and  then  shall  have  removed 
to  this  state;  said  words  shall  further  refer  to  all  aliens  coming  to  and  being  within 
the  state  of  California.  For  the  purpose  of  this  act,  the  word  alien  shall  refer  to  all, 
persons  who  are  not  native  born  or  who  have  not  received  their  final  citizenship  papers 
under  the  naturalization  laws  of  the  United  States. 

Immigration  not  encouraged. 

§  12.  This  act  shall  not  be  construed  to  authorize  or  direct  the  commission  of  immi- 
gration and  housing  to  induce  or  encourage  immigiation  into  this  state  or  the  United 
States. 

Annual  report. 

$  13.  The  commission  of  immigration  and  housing  shall  make  an  annual  report  to 
the  governor,  on  the  second  day  of  January,  of  the  operation  of  the  commission. 

Appropriation. 

^  14.  The  sum  of  fifty  thousand  dollars  is  hereby  appropriated  out  of  any  moneys 
in  the  state  treasury  not  otherwise  appropriated,  for  the  purpose  of  carrying  out  the 

Gen.  Laws — OS 


Act  2091  GENERAL,   LAWS.  1074 

provisions  of  this  act;  and  the  state  controller  is  hereby  authorized  and  directed  to 
draw  warrants  upon  such  sum,  from  time  to  time,  upon  the  requisition  of  said  com- 
mission, approved  by  the  board  of  control;  and  the  state  treasurer  is  hereby  authorized 
and  directed  to  pay  such  warrants. 

Immigration  and  housing  commission  to  promote  city  planning. 

$  15.  The  commission  may  make  investigations  of  the  housing  of  immigrants  and 
working  people  and  of  city  planning  in  California  and  elsewhere,  may  encourage  the 
creation  of  local  city  planning  commissions  and  may  furnish  information  as  to  the 
progress  of  other  cities  for  the  use  of  such  commissions.  It  may  investigate  and  report 
upon  defective  housing  and  the  evils  resulting  therefrom  and  the  work  being  done  to 
remedy  the  same  in  California  and  elsewhere.  It  may  make  studies  of  the  operation 
and  enforcement  of  building  and  tenement  house  laws,  of  housing  finances  and  taxes, 
of  zoning  and  districting  regulations  and  may  promote  the  formation  of  organizations 
intended  to  increase  the  supply  of  wholesome  homes  for  the  people,  and  aid  in  the 
enforcement  of  any  laws  enacted  to  promote  the  purposes  for  which  the  commission  is 
established.  [New  section  added  May  31,  1917.  In  effect  July  30,  1917.  Stats.  1917, 
p.  1515.] 

Annual  report  of  city  planning  commissions.    Conference.    City  planners. 

§  16.  It  shall  be  the  duty  of  each  and  every  city  planning  commission  or  housing 
commission  of  any  incorporated  city  or  town  in  the  state  of  California  to  file  on  the 
first  day  of  June  of  each  year  with  the  secretary  of  the  commission  of  immigration 
and  housing  of  California  a  complete  report  of  its  transactions  and  recommendations 
to  any  municipal  organization  or  private  person  or  corporation  during  the  previous 
year,  and  particularly  to  report  any  conflict  in  authority,  lack  of  co-operation  with 
local  municipal  authorities  or  with  adjoining  cities,  with  recommendations  for  needed 
legislation  to  properly  carry  on  the  development  of  their  housing  and  city  planning 
work.  The  commission  may  annually,  or  oftener,  call  a  conference  of  representatives 
of  these  commissions,  of  local  health  officers,  housing  inspectors,  building  inspectors 
or  such  other  municipal  officers  as  it  shall  deem  advisable  to  carry  out  the  purposes  of 
this  act.  The  commission  may  employ  city  planners  and  other  persons  whose  salaries, 
wages  and  other  necessary  expenses  of  the  commission  will  be  provided  for  out  of  the 
funds  at  the  disposal  of  the  commission.  [New  section  added  May  31,  1917.  In  effect 
July  30, 1917.     Stats.  1917,  p.  1515.] 

Annual  report.    Information  furnished. 

$  17.  The  commission  may  make  an  annual  report  on  housing  and  city  planning  to 
the  governor,  which  the  state  printer  shall  cause  to  be  printed  as  a  public  document, 
and  copies  of  this  report  shall  be  filed  with  each  and  every  local  housing  and  city  plan- 
ning commission  in  the  state  of  California.  The  commission  is  further  authorized  to 
furnish  information  and  suggestions  from  time  to  time  to  city  governments,  housing 
and  city  planning  commissions  and  other  public,  semi-public  or  private  bodies  such  as 
may,  in  its  judgment,  tend  to  promote  the  purposes  for  which  the  commission  is 
established.  [New  section  added  May  31,  1917.  In  effect  July  30,  1917.  Stats.  1917, 
p.  1515.] 

IMMIGRANT  DISEMBARKING  ZONES. 

ACT  2091 — An  act  providing  for  the  establishment  by  the  commission  of  immigration 

and  housing  of  California  of  zones  or  areas  on  docks  where  immigrants  are  landed; 

prescribing  the  powers  and  duties  of  the  said  commission  with  regard  thereto;  and 

providing  a  penalty  for  violation  of  the  provisions  hereof. 

History:    Approved  May  29,  1915.     In  effect  August  8,  1915.     Stats. 
1915,  p.  926. 


1075  •  IMPERIAL    COUNTY,  Act  2093,  §§  \,  3 

Areas  on  docks  where  immigrants  land. 

§  1.  At  any  place  within  the  state  where  immigrant  aliens  are  landed  from  ships  on 
land  or  docks  owned  and  controlled  by  the  state  of  California  the  commission  of  immi- 
gration and  housing  of  California  may  establish  and  mark  out  or  fence  off  on  such  land 
or  docks  a  zone  or  an  area  around  the  spot  where  said  immigrants  disembark,  into 
which  zone  or  area  no  person  shall  be  admitted  at  times  when  immigrant  aliens  are 
being  landed  or  are  about  to  be  landed,  without  a  license  or  permit  from  said  com- 
mission, unless  he  be  an  ofl&cer  or  a  member  of  the  crew  of  a  vessel  landing  at  such 
spot  or  a  bona  fide  passenger  on  such  vessel. 

State  may  co-operate  with  U.  S..  cities,  etc. 

§  2.  The  commission  of  immigration  and  housing  of  California  may  also  co-operate 
with  the  officials  of  the  United  States  government,  or  with  the  officials  of  any  county 
or  city,  or  with  any  private  person,  firm,  or  corjDoration,  in  establishing  and  conducting 
zones  or  areas,  as  provided  in  section  one  hereof,  on  land  or  docks  owned  or  controlled 
by  the  United  States,  or  any  such  county  or  city,  or  by  any  such  private  person,  firm,  or 
corporation. 

Size  of  area. 

$  3.  The  zone  or  area  mentioned  in  sections  one  and  two  hereof  must  in  no  case 
be  larger  than  is  reasonably  necessary  for  the  disembarking,  assembling  and  distributing 
of  the  passengers  landed  in  such  zone  or  area. 

§  4.  Any  person  who  acts  in  violation  of  the  provisions  of  this  act  shall  be  guilty 
of  a  misdemeanor. 

IMPERIAL  CITY. 

See  Act  3094,  note. 


CHAPTER  158. 

IMPERIAL  COUNTY. 

References:  County  boundary,  see  Kerr's  Cyc.  Political  Code,  §  3921. 

County  government,  officers,  etc.,  see  Kerr's  Cyc.  Political  Code,  §§  4000,  et  seq. 

CONTENTS  OF  CHAPTER. 
ACT  2093.     Additional  Superior  Judge. 

ACT  2093 — An  act  to  provide  one  additional  judge  of  the  superior  court  in  the  comity 

of  Imperial. 

History:     Approved  May  27,  1919.     In  effect  July  27,  1919.     Stats. 
1919,  p.  1295. 

§  1.  The  number  of  judges  of  the  superior  court  of  the  state  of  California  for  the 
county  of  Imperial  is  hereby  increased  from  one  to  two. 

Additional  superior  judge  in  Imperial  county. 

$  2.  Within  thirty  days  after  the  taking  effect  of  this  act,  the  governor  shall 
appoint  one  additional  judge  of  the  superior  court  of  the  county  of  Imperial,  state  of 
California,  who  shall  hold  office  until  the  first  Monday  after  the  first  day  of  January, 
A.  D.  1921.  At  the  general  election  to  be  held  in  November,  1920,  a  judge  of  the 
superior  court  of  said  county  shall  be  elected  in  said  county,  who  shall  be  the  succes- 
sor of  the  judge  appointed  hereunder,  to  hold  office  for  the  term  prescribed  by  the 
constitution  and  by  law. 


ActH  2U05-200S  GENERAL   LAWS.  •.  1076 

INCLOSURES. 
See  tits.  "Game  Laws";  "Hunting  on  Private  Grounds";  "Trespass." 

INDEX. 

Bee  tit.  "California  Statutes,  Index  to." 

CHAPTER  159. 

INDIANS. 

References:   Intoxicating  liquors,  selling  or  furnishing  to,  see  Kerr's  Cyc.  Penal  Code, 
§397. 
Military  duty,  not  subject  to,  see  Kerr's  Cyc.  Political  Code,  §  1895. 
School  attendance  of,  payment  for  by  federal  government,  see  Kerr's  Cyc.  Political 

Code,  §  1543,  subd.  17. 
Separate  schools  for,  see  Kerr's  Cyc.  Political  Co(fe,  §  1662. 
Vagrancy,  not  punishable  for,  see  Kerr's  Cyc.  Penal  Code,  §  647. 

CONTENTS  OF  CHAPTER. 

ACT  2095.     Government  and  Protection  of  Indians. 

2097.  Grant  of  Lands  in  Indian  Eeservations  to  the  United  States, 

2098.  Interference  With  Indian  Agekts. 

GOVERNMENT  AND  PROTECTION  OF  INDIANS. 
ACT  2095 — An  act  for  the  government  and  protection  of  Indians. 

History:  Passed  April  22,  1850,  Stats.  1850,  p.  408.  Amended  (1) 
April  28,  1855,  Stats.  1855,  p.  179;  (2)  April  18,  1860,  Stats.  1860,  p.  196; 
(3)  April  27,  1863,  Stats.  1863,  p.  743;  (4)  April  27,  1863,  Stats.  1863, 
p.  755. 

Some  provi-sions  of  this  act  were  repealed  This    act    was    obviously    Intended    to    be 

by    later    inconsistent    statutes:      People    v.  applied  to  Indians  in  tribes  or  when  living 

Antonio,  27  Cal.  404.     Other  provisions  were  in   separate  communities   or  companies,   and 

undoubtedly    repealed    by    the    codes.      It    is  not    to    a    case    where    an    Indian    has    been 

probably    not    in    force    in    any    particular.  living  for  years  among  white  men. — People 

(Code    commissioners'    note).       In     the    ab-  v.    Antonio,    27    Cal.    104, 
sence  of  direct  legislation,  it  is  deemed  ad- 
visable to  call   attention  to  It. 

GRANT  OF  LANDS  IN  INDIAN  RESERVATIONS  TO  THE  UNITED  STATES. 
ACT  2097 — An  act  granting  certain  lands  to  the  United  States. 

History:    Approved  May  14,  1862,  Stats.  1862,  p.  552. 

INTERFERENCE  WITH  INDIAN  AGENTS. 
ACT  2098 — An  act  to  aid  officers  in  the  Indian  department,  appointed  "by  the  genera] 
government  for  the  state  of  California,  in  the  discharge  of  their  duties. 

History:  Approved  April  21,  1856,  Stats.  1856,  p.  223.  Amended 
April  9,  1857,  Stats.  1857,  p.  186. 

Code  commissioner's  note:  "The  above-  Penal  Code,  that  section  was  intended  to 
named  statute  is  mentioned  by  the  code  enumerate  every  act  or  omission  made  pun- 
commissioners  at  §  1346  without  anything  ishable,  then  this  statute  must  have  been 
to  indicate  that  they  suppose  it  to  be  re-  substantially,  If  not  absolutely,  repealed  by 
pealed  by  any  of  the  codes.  If,  however,  that  code." 
as   is    indicated    by    the    note    to    §  6    of    the 

INDUSTRIAL  ACCIDENT  BOARD. 

See  tit.  "Industrial  Accident  Commission." 


1077  INDLSTRIAL    ACCIDENT    COMMISSION.  Act  2101,  §S  1-3 

CHAPTER  160. 

INDUSTRIAL  ACCIDENT  COMMISSION. 

References:   See,  generally,  tits.  "Master  and  Servant";  "Insurance." 

Workmen's  Compensation,  insurance  and  Safety  Act,  see  tit.  "Master  and  Servant," 
Act  2781. 

CONTENTS  OF  CHAPTER. 

ACT  2101.     Abolishing   Industrial  Accident  Board  and  Conferring  Powbrs   on  Indus- 
trial Accident  Commission. 
2101a.  Establishing    and    Defining    Jurisdiction    of    Commission     Over    Certain 
Utilities. 

2102.  "Industrial  Accident  Fund." 

2103.  "Accident  Prevention  Fund." 

2104.  Statistical  Information  as  to  Industrial  Accidents. 

2105.  "State  Compensation  Insurance  Fund" — Appropriation. 

2106.  "BoYNTON  Act" — "Workmen's  Compensation,  Insurance  and  Safety  Act" 

OF  1913 — Administrative. 
2106a.  Actions  Against  Insurance  Carriers  in  Certain  Cases. 
2106b.  Protection     of     Beneficiaries     of     Workmen's     Compensation     iNstntANCB 

Policies. 

ABOLISHING  INDUSTRIAL  ACCIDENT  BOARD  AND  CONFERRING  POWERS 
ON  INDUSTRIAL  ACCIDENT  COMMISSION. 

ACT  2101 — An  act  to  confer  upon  the  industrial  accident  commission  all  of  the  duties, 

liabilities,   authority,  powers   and  privileges  conferred  and  imposed  hy  law  upon 

the  industrial  accident  hoard,  aholishing  the  industrial  accident  board  and  providing 

for  a  transfer  of  its  funds  to  the  credit  of  the  industrial  accident  commission. 

[Approved  June  16,  1913.     Stats.  1913,  p.  950.    In  effect  August  10,  1913.] 

History:    Approved  June  16,  1913.     In  effect  August  10,  1913.     Stats. 
1913,  p.  950. 

Certificate  of  industrial  accident  commission. 

§  1.  Upon  the  organization  of  the  industrial  accident  commission,  the  commission 
shall  file  in  the  office  of  the  secretary  of  state  its  certificate  setting  forth  that  the 
commission  has  been  organized  as  provided  by  law. 

To  succeed  industrial  accident  board. 

§  2.  Upon  the  filing  of  the  certificate  required  by  section  one  hereof,  the  industrial 
accident  commission  shall  supersede  the  industrial  accident  board  and  all  duties,  liabili- 
ties, authority,  powers,  and  privileges  conferred  and  imposed  by  law  upon  the  indus- 
trial aco.ident  board  shall  thereupon  devolve  upon  the  industrial  accident  commis- 
sion and  shall  thereafter  be  exercised  and  performed  by  the  industrial  accident  com- 
mission in  the  same  manner  and  with  the  same  force  and  effect  as  if  exercised  and 
performed  by  the  industrial  accident  board,  and  the  said  industrial  accident  board  shall 
thereupon  cease  to  exist. 

Unexpended  balances. 

§  3.  Upon  the  filing  of  the  certificate  required  by  section  one  hereof,  all  unexpended 
balances  of  moneys  appropriated  by  law  for  the  support,  maintenance  or  use  of  the 
industrial  accident  board  shall  be  placed  to  the  credit  of  the  industrial  accident  com- 
mission by  the  state  controller  and  the  controller  is  hereby  authorized  to  draw  his 
warrant  from  time  to  time  in  favor  of  the  industrial  accident  commission  for  the  amount 
of  such  unexpended  balance  expended  under  its  direction,  and  the  treasurer  is  hereby 
authorized  and  directed  to  pay  the  same. 


lets  2101a,  2102,  g  1  GENERAL,  LAWS.  1078 

ESTABLISHING  AND  DEFINING  JURISDICTION  OF  COMMISSION. 
ACT  2101a — An  act  establishing  and  defining  the  jurisdiction  of  the  industrial  accident 
commission  of  the  state  of  California  and  of  the  railroad  commission  of  the  state  of 
California  over  the  safety  of  employees  of  public  utilities. 

History:    Approved  May  9,  1917.    In  effect  July  27,  1917.    Stats.  1917» 
p.  296. 

Jurisdiction  of  industrial  accident  commission  over  safety  of  employees  of  public 

utilities. 

$  1.  The  industrial  accident  commission  of  the  state  of  California  is  hereby  vested 
with  jurisdiction,  as  provided  in  the  workmen's  compensation,  insurance  and  safety 
act  of  one  thousand  nine  hundred  seventeen,  and  acts  amendatory  thereof,  subject  to 
the  provisions  of  section  three  hereof,  over  the  safety  of  employees  of  steam  railroads 
employed  in  shops  devoted  to  the  construction  or  repair  of  railroad  equipment;  the 
safety  of  employees  of  electric  interurban  or  street  railroads,  employed  in  the  genera- 
tion, transmission  or  distribution  of  electric  energy,  or  in  shops  devoted  to  the  repair 
of  railroad  equipment,  or  in  any  nonpublic  utility  operation  of  such  railroads;  and  the 
safety  of  employees  of  all  other  public  utilities  as  such  utilities  are  defined  in  the 
public  utilities  act. 

Jurisdiction  of  railroad  commission  not  affected. 

$  2.  The  jurisdiction  vested  in  the  industrial  accident  commission  of  the  state  of 
California  by  section  one  hereof  shall  in  no  instance,  except  those  affecting  exclusively 
the  safety  of  employees,  be  construed  to  impair,  diminish  or  in  any  way  affect  the 
jurisdiction  of  the  railroad  commission  of  the  state  of  California  over  the  construction, 
reconstruction,  replacement,  maintenance  or  operation  of  the  properties  of  public 
utilities  as  defined  in  the  public  utilities  act,  or  over  any  matter  affecting  the  relation- 
ship between  such  public  utilities  and  their  customers  or  the  general  public. 

Power  of  railroad  commission. 

^  3.  If  the  industrial  accident  commission,  in  the  exercise  of  the  authority  and 
jurisdiction  conferred  by  this  act,  makes  or  issues  any  order,  decision,  ruling  or  direc- 
tion, which,  in  the  judgment  of  the  railroad  commission,  unduly  and  prejudicially  inter- 
fers  with  the  construction  or  operation  of  any  public  utility  affected  thereby,  or  with 
the  public,  or  with  a  consumer  or  other  patron  of  a  public  utility  affected  thereby,  the 
railroad  commission,  of  its  own  motion,  or  upon  application  of  any  utility  or  person 
so  affected,  may  suspend,  modify,  alter,  or  annul  such  order,  decision,  ruling  or  direc- 
tion of  the  industrial  accident  commission,  and  the  action  of  the  railroad  commission 
in  that  regard  shall  supersede  and  control  the  order,  decision,  ruling  or  direction  of 
the  industrial  accident  commission  previously  made  in  the  premises. 

Act  of  April  22,  1911,  unaffected. 

§  4.  This  act  shall  not  be  construed  to  repeal  or  modify  the  act  entitled  *'An  act 
regulating  the  placing,  erection,  use  and  maintenance  of  electric  poles,  wires,  cables 
and  appliances,  and  providing  the  punishment  for  the  violation  thereof,"  approved 
April  22,  1911,  as  amended. 

"INDUSTRIAL  ACCIDENT  FUND." 
ACT  2102 — An  act  creating  an  "industrial  accident  fund"  and  appropriating  moneys 
therein. 

History:    Approved  May  26,  1913.    In  effect  August  10,  1913.    Stats. 
1913,  p.  326. 

"Industrial  accident  fund"  created. 

§  1.  There  is  hereby  created  and  established  a  fund  to  be  known  as  the  "industrial 
accident  fund"  into  which  shall  be  jiaid  all  fees  collected  by  the  industrial  accident 


I 


1079  INDVSTRIAl,     ACCIDENT     COMMISSION.  Acts  2103,  2104,  §§  1,  2 

commission  and  all  moneys  received  by  it  for  transcripts  of  testimony,  certified  copies 
of  records  and  all  other  moneys  received  by  it  and  not  otherwise  provided  for,  which 
said  fund  shall  be  a  revolving  fund. 

Appropriation  of  moneys  for  use  of  commission. 

§  2.  All  moneys  which  are  paid  into  the  state  treasury  for  the  credit  of  said  fund 
are  hereby  appropriated  to  be  used  by  the  industrial  accident  commission  for  its  con- 
tingent expenses,  and  the  controller  is  hereby  directed  to  draw  his  warrants  on  said 
fund,  from  time  to  time,  in  favor  of  said  commission  for  the  amounts  expended  under 
its  direction  for  such  purposes,  and  the  treasurer  is  hereby  authorized  and  directed 
to  pay  the  same. 

'♦ACCIDENT  PREVENTION  FUND." 

ACT  2103 — An  act  appropriating  moneys  in  the  "accident  prevention  fund"  for  the 

purpose  of  enforcing  and  promoting  safety  in  employment  and  places  of  employment. 

History:    Approved  May  26,  1913.    In  effect  August  10,  1913.     Stats. 
1913,  p.  325. 

"Accident  prevention  fund"  for  enforcing  laws. 

$  1.  All  monej's  which  are  paid  into  the  state  treasury  for  the  credit  of  the  "acci- 
dent prevention  fund"  are  hereby  appropriated  to  be  used  by  the  industrial  accident 
commission  for  the  enforcement  of  the  laws  relative  to  safety  in  employment  and 
places  of  employment  and  for  the  promotion  of  such  safety,  and  the  controller  is 
hereby  directed  to  draw  his  warrants  on  said  fund,  from  time  to  time,  in  favor  of  the 
industrial  accident  commission  for  the  amounts  expended  under  its  direction  for  such 
purposes,  and  the  treasurer  is  hereby  authorized  and  directed  to  pay  the  same. 

See  Act  2781,  §  51. 

STATISTICS  AS  TO  INDUSTRIAL  ACCIDENTS. 
ACT  2104 — An  act  imposing  additional  duties  and  conferring  additional  powers  upon 
the  industrial  accident  board,  requiring  certain  statistical  information,  fixing  a 
penalty  for  neglect  or  refusal  to  give  such  information  to  said  board  on  request, 
requiring  said  board  to  report  to  the  governor  and  authorizing  it  to  give  publicity 
to  the  results  of  its  researches  and  investigations  and  empowering  said  board  to 
expend  in  carrying  out  the  requirements  of  this  act  a  sum  not  to  exceed  fifteen 
thousand  dollars  out  of  the  funds  heretofore  appropriated  for  carrying  out  the 
purposes  of  an  act  entitled  "An  act  relating  to  the  liability  of  employers  for  injuries 
or  death  sustained  by  their  employees,  providing  for  compensation  for  the  accidental 
injury  of  employees,  establishing  an  industrial  accident  board,  making  an  appropria- 
tion therefor,  defining  its  powers  and  providing  for  a  review  of  its  awards,  approved 
April  8,  1911." 

History:  Approved  January  2,  1912,  Stats.  1912  (ex.  sess.),  p.  166. 

Collection  of  statistics  in  regard  to  industrial  accidents. 

$  1.  It  shall  be  the  duty  of  the  industrial  accident  board  to  collect  and  compile 
statistics  in  regard  to  industrial  accidents  happening  in  this  state  resulting  in  personal 
injurj'  and  the  cost  and  probable  causes  thereof,  to  investigate  methods  and  devices 
for  the  prevention  of  such  accidents,  to  investigate  the  comparative  merits  and  relative 
cost  of  the  various  forms  of  insurance  against  liability  and  compensation  for  personal 
injuries  resulting  from  industrial  accidents. 

Duty  of  employers  and  insurance  companies  to  furnish  information.    Industrial  acci- 
dent board  not  to  divulge  information  without  consent. 

§  2.  It  shall  be  the  duty  of  every  employer  of  labor  and  of  persons,  firms,  associa- 
tions or  corporations  insuring  against  liability  of  employers  for  damages  or  compen- 


Act  2104,  §§  3-7  GENERAL   LAWS.  lOSO 

sation  for  personal  injuries  to  employees  by  industrial  accidents  to  furnish  to  the 
industrial  accident  board,  upon  the  written  request  of  a  member  thereof  or  an  exam- 
iner appointed  thereby,  any  and  all  information  in  his  or  its  possession  or  under  his 
or  its  control,  pertinent  to  any  of  the  matters  referred  to  in  the  preceding  section  of 
this  act.  It  shall  be  unlawful  for  the  said  board,  or  any  member  thereof,  or  any 
examiner  appointed  thereby,  to  divulge  any  information  obtained  from  any  employer 
of  labor,  or  from  any  person,  firm,  association  or  corporation  insuring  against  liability 
or  compensation  for  industrial  accidents,  without  the  written  consent  of  such  employer, 
and  of  such  person,  firm,  association  or  corporation;  and  any  member  of  the  said 
board,  or  any  examiner  appointed  thereby  who  violates  the  provisions  of  this  section 
of  this  act,  shall  be  guilty  of  a  misdemeanor,  and  for  each  and  every  such  violation 
shall  be,  upon  conviction  thereof,  punishable  by  a  fine  of  not  less  than  ten  dollars 
($10)  or  more  then  one  hundred  dollars  ($100)  or  by  imprisonment  for  not  more  than 
thirty  (30)  days,  or  by  both  such  fine  and  imprisonment;  and  any  information  so 
obtained  shall  not  be  used  against  any  such  employer,  person,  firm,  association  or 
corporation,  in  any  action  brought  against  such  employer,  person,  firm,  association 
or  corporation  without  the  written  consent  of  such  employer,  person,  firm,  association 
or  corporation;  provided,  however,  that  this  section  shall  not  prevent  the  industrial 
accident  board  from  making  and  publishing  the  results  of  its  investigations  and 
researches  as  provided  in  sections  5  and  6  of  this  act. 

Authority  to  enter  places  of  employment. 

§  3.  Any  member  of  the  said  board  of  examiners  appointed  thereby  may,  during 
reasonable  business  hours,  enter  any  place  of  employment  for  the  purpose  of  collecting 
facts  and  statistics  and  examining  the  provisions  made  for  the  safety  and  welfare  of 
the  employees  therein. 

Penalty  for  failure  to  comply  with  act. 

§  4.  It  shall  be  unlawful  for  any  person,  firm,  corporation,  agent  or  oflScer  of  a  firm 
or  corporation  to  fail,  neglect  or  refuse  to  comply  with  any  of  the  foregoing  provisions 
of  this  act.  Any  person,  firm,  corporation,  agent  or  officer  of  a  firm  or  corporation 
that  knowingly  violates  or  omits  to  comply  with  any  of  the  provisions  of  this  act,  shall 
be  guilty  of  a  misdemeanor  for  each  and  every  offense  and  shall 'be,  upon  conviction 
thereof,  punishable  by  a  fine  of  not  more  than  ten  dollars. 

Report  for  year  1912. 

$  5.  The  industrial  accident  board  shall  report  the  results  of  its  investigations 
covering  the  calendar  year  of  1912  to  the  governor  of  the  state  not  later  than  Feb- 
ruary 1,  1913. 

Authority  to  publish  statistics. 

§  6.  The  industrial  accident  board  is  authorized  and  empowered  to  make  public  and 
pu"blish  at  such  times  and  in  such  manner  as  it  deems  best,  the  results  of  its  investi- 
gations and  researches  together  with  all  such  other  information  in  relation  to  the 
liability  of  employers  for  damages  or  compensation  for  personal  injuries  to  their 
employees  as  it  may  deem  essential  to  fully  acquaint  the  people  of  the  state  with  the 
present  law  and  its  purpose  and  operation. 


I 


Funds  for  use  of  hoard. 

§  7.  The  industrial  accident  board  is  hereby  authorized  to  draw  upon  and  expend 
for  the  purposes  set  forth  in  this  act  a  sum  not  in  excess  of  fifteen  thousand  dollars  the 
same  to  be  paid  out  of  the  sum  of  fifty  thousand  dollars  appropriated  for  the  use  of 
said  board  under  section  29  of  an  act  entitled  "An  act  relating  to  the  liability  of 
employers  for  injuries  or  death  sustained  by  their  employees,  establishing  an  indus- 


4 

i 


1081  INDUSTRIAL,     ACCIDENT     COMMISSION.  Acts  2105. 2106 

trial  accident  board,  making  appropriation  therefor,  defining  its  powers  and  providing 
for  a  review  of  its  awards,  approved  April  8,  1911,"  and  the  controller  is  hereby 
directed  to  draw  his  warrants  in  favor  of  said  board  for  sums  so  expended  when  duly 
audited  and  approved  by  the  state  board  of  control,  and  the  treasurer  is  hereby  author- 
ized and  directed  to  pay  the  same. 


"STATE  COMPENSATION  INSURANCE  FUND  "—APPROPRIATION. 
ACT  2105 — An  act  appropriating  moneys  for  the  use  of  the  state  compensation  insur- 
ance fund. 

History:    Approved  May  26,  1913.    In  effect  August  10,  1913.     Stats. 
1913,  p.  326. 

Appropriation :  compensation  insurance  fund. 

$  1.  The  sum  of  one  hundred  thousand  dollars  is  hereby  appropriated  out  of  any 
moneys  in  the  state  treasury  not  othei-wise  appropriated,  to  be  credited  to  the  "state 
compensation  insurance  fund ' '  and  to  be  used  by  the  industrial  accident  commission  in 
the  manner  authorized  by  law  for  the  use  of  said  fund. 

Transfer  to  state  compensation  insurance  fund. 

§  2.  The  state  controller  and  the  state  treasurer  are  hereby  authorized  and  directed 
to  transfer  said  sum  of  one  hundred  thousand  dollars  from  the  general  fund  of  the 
state  to  the  "state  compensation  insurance  fund." 


"BOYNTON  ACT,"  "WORKMEN'S  COMPENSATION,  INSURANCE  AND 
SAFETY  ACT"  OF  1913— ADMINISTRATIVE. 

ACT  2106 — An  act  to  promote  the  general  welfare  of  the  people  of  this  state  as  affected 
by  accident  causing  the  injury  or  death  of  employees  in  the  course  of  their  employ- 
ment, by  creating  a  liability  on  the  part  of  employers  to  conpensate  such  employees 
and  their  dependents  for  such  accidental  injury  or  death  irrespective  of  the  fault 
of  either  party,  and  providing  the  means  and  methods  of  enforcing  such  liability ;  and 
creating  a  "state  compensation  insurance  fund"  to  insure  employers  against  such 
liability  and  providing  for  its  administration  and  regulating  such  insurance  by  other 
insurance  carriers;  and  requiring  safety  in  aU  emplosonents  and  places  of  employ- 
ment in  this  state  and  providing  the  means  and  methods  of  enforcing  such  safety; 
and  reciuiring  reports  of  industrial  accidents;  and  providing  penalties  for  offenses 
by  .employers,  their  officers,  agents,  and  by  employees  and  other  persons  and  corpora- 
tions; and  creating  an  industrial  accident  commission,  providing  for  its  organization, 
defining  its  powers  and  duties  and  providing  for  a  review  of  its  orders,  decisions  and 
awards;  and  appropriating  moneys  to  carry  out  the  provisions  of  this  act;  and  repeal- 
ing all  acts  and  parts  of  acts  inconsistent  with  the  provisions  of  this  act. 

History:  Approved  May  26,  1913.  In  effect  January  1,  1914.  Stats. 
1913,  p.  279.  Amended  (1)  May  27,  1915,  in  effect  August  8,  1915; 
Stats.  1915,  p.  913;  (2)  June  3,  1915,  in  effect  August  8,  1915.  Stats. 
1915,  p.  1079;  (3)  June  8,  1915,  in  effect  August  8.  1915,  Stats.  1915, 
p.  1302;  (4)  May  23,  1917,  in  effect  January  1,  1918,  Stats.  1917,  p.  831. 
The  effect  of  the  amendment  of  1917  (see  Act  2781)  Avas  to  separate 
the  compensation,  insurance  and  safety  provisions  of  the  original 
"Boynton  Act"  from  the  administrative  features  of  that  act,  continue 
the  act,  as  to  those  features  in  force,  and  enact  a  new  act  with  the 
compensation,  insurance  and  safety  provisions.  The  latter  act  is  Act 
2781  in  the  chapter  on  "Master  and  Servant."  Prior  act  of  April  8, 
1911,  Stats.  1911,  p.  796.  commonly  known  as  the  "Roseberry  Act,"  in 
force  from  September  1,  1911,  to  January  1,  1914,  was  repealed  by  the 
general  repealing  clause  of  the  present  act. 


Act  2100 


GENERAL.  LAWS. 


1082 


Superintendent 


ANALYSIS  OF  ACT. 

§  1.  "Workmen's  Compensation  Act." 

§  2.  Repealed.    [Act  2781,  §  3.] 

§  3.  Industrial  Accident  Commission  Created.     Salary, 

§  4.  Organization  op  Commission.    Majority  Rules. 

§  5.  Seal. 

§  6.  Office  in  San  Francisco. 

§  7.  Appointees.    Attorney.    Secretary.    Manager  op  Insxjeanc!B  Fxjnd, 
of  Safety.     Other  Employees. 

§  8.  Compensation  of  Employees.    Expenses. 

§  9.  Departmental  Expenses. 

§  10.  Blank  Forms.     Minute  Book. 

§  11.  Powers.    Fees.    Reports.     Charges.     Fees  Paid  into  Fund. 

S  12.  Repealed.   [Act  2781,  §  6.] 

§  13.  Repealed.  [Act  2781,  §  7.] 

i5  14.  Repealed.  [Act  2781,  §  8.] 

§  15.  Repealed.  [Act  2781,  §  9.] 

§  16.  Repealed.  [Act  2781,  §  11.] 

§  17.  Repealed.  [Act  2781,  §  12.] 

S  18.  Repealed.  [Act  2781,  §  13.] 

§  19.  Repealed.  [Act  2781,  §  14.] 

§  20.  Repealed.  [Act  2781,  §  15.] 

§  21.  Repealed.  [Act  2781,  §  16.] 

§  22.  Repealed.  [Act  2781,  §  17.] 

§  23.  Repealed.  [Act  2781,  §  18.] 

§  24.  Repealed.  [Act  2781,  §  19.] 

^  25,  *  Repealed.  [Act  2781,  §  20.] 

5?  26.  Repealed.  [Act  2781,  §  21.] 

§  27.  Repealed.  [Act  2781,  §  22.] 

S  28.  Repealed.  [Act  2781,  §  23.] 

§  29.  Repealed.  [Act  278l'  §  24.] 

§  30.  Repealed.  [Act  2781,  §"25.] 

§  31.  Repealed.  [Act  2781,  §  26.] 

§  32.  Repealed.  [Act  2781,  §  27.] 

S  ^^.  Repealed.  [Act  2781,  §  28.] 

§  34.  Repealed.  [Act  2781,  §  30.] 

S  35.  Repealed.  [Act  2781,  §  31.] 

S  36.  "State  Compensation  iNsxniANCE  Fund"  Created. 

§  37.  Revolving  Fund.  Charges  Against  Fund  Self-Supportino.  Dividends  fob  Renewals. 

§  38.  Commission   Vested  With  Full  Pow^er  Over  Fund.     To  Fix  Rates.     Powers  or 

Commission.    May  Delegate  Powers.    Not  Liable  PersonaIaLX. 

§  39.  Powers  of  Insurance  Fund  Manager. 

§  40.  Rates  for  Compensation  Insurance.    How  Determined. 

§  41.  Rates  Either  Limited  or  Unlimited. 

§  42.  Policies  for  Employers,  Etc. 

§  43.  State  Treasurer  Custodian  of  Fund. 

§  44.  Monthly  Estimate  to  Board  of  Control.     Monthly  AcooxjNTiNa.     Sbici-Annuai. 

Valuation  of  Properties. 

§  45.  Investment  of  Surplus. 

§  46.  Counties,  E*rc.,  May  Insure. 

§  47.  Schedules  of  Rates  to  Be  Furnished  Certain  OrncKsa. 

§  48.  Quarterly  Report  to  Governor. 

§  49.  Penalty  for  Misrepresenting  Payroll. 

§  50.  Other  Misrepresentation,  Misdemeanob. 

§  51.  Repealed.  [Act  2781,  §  33.] 

§  52.  Repealed.  [Act  2781,  §  34.] 

§  53.  Repealed.  [Act  2781,  §  35.] 

§  54.  Repealed.  [Act  2781,  §  36.] 

§  55.  Repealed.  [Act  2781,  §  37.] 

§  56.  Repealed.  [Act  2781,  §  38.] 

§  57.  Repealed.  [Act  2781,  §  39.] 

§  58.  Repealed.  [Act  2781,  §  40.] 

§  59.  Repealed.  [Act  2781,  §  41.] 

§  60.  Repealed.  [Act  2781,  §  42.] 

§  61.  Repealed.  [Act  2781,  §  43.] 


\ 


10S3 


INDUSTRIAL    ACCIDENT    COMMISSION. 


Act  Z106, 


§62. 

Eepealed. 

'Act  2781, 

§44.] 

§63. 

Repealed. 

"Act  2781, 

§45.] 

§64. 

Repealed. 

'Act  2781, 

§46.] 

§65. 

Repealed. 

Act  2781, 

§47.J 

§66. 

Repealed. 

"Act  2781, 

§48.] 

§67. 

Repealed. 

;Act  2781, 

§49.] 

§68. 

Repealed. 

Act  2781, 

§50.] 

§69. 

Repealed. 

Act  2781, 

§51.] 

§70. 

Repealed. 

Act  2781, 

§52.] 

§71. 

Repealed. 

Act  2781, 

§53.] 

§72. 

Repealed. 

Act  2781, 

§54.] 

§73. 

Repealed.  | 

Act  2781, 

§55.] 

§  74. 

Repealed. 

Act  2781, 

§56.] 

§75. 

Repealed. 

Act  2781, 

§57.] 

§75a 

Repealed. 

Act  2781, 

§58.] 

§76. 

Repealed. 

Act  2781, 

§59.] 

§77. 

Repealed. 

Act  2781, 

§60.] 

§78. 

Repealed. 

Act  2781, 

§61.] 

§79. 

Repealed. 

Act  2781, 

§62.] 

§80. 

Repealed, 

Act  2781, 

§63.] 

§81. 

Repealed. 

Act  2781, 

§64.] 

§82. 

Repealed. 

Act  2781, 

§65.] 

§83. 

Repealed. 

Act  2781, 

§66.] 

§84. 

Repealed. 

"Act  2781, 

§67.] 

§85. 

Repealed. 

"Act  2781, 

§68.] 

§86. 

Repealed. 

"Act  2781, 

§69.] 

§87. 

Repealed. 

Act  2781, 

§70.] 

§88. 

Annual  Re 

port  to  Governor. 

§89. 

Appropriat 

ION. 

§90. 

Repeal  of 

Inconsistent  Acts. 

§91. 

Prior  Inju 

RY. 

§92. 

In  Effect. 

"Workmen's  compensation  act." 

$  1.  This  act  shall  be  known,  and  may  be  cited,  as  the  "workmen's  compensation, 
insurance  and  safety  act"  and  shall  apply  to  the  subjects  mentioned  in  its  title. 

Failure  on  the  part  of  the  legislature  to  repeal  this  section,  or  to  amend  it  leaves  two 
acts  with  the  same  title  on  the  statute  books,  except  that  the  act  of  1917,  containing  the 
compensation  insurance  and  safety  features  of  the  legislation,  is  designated  the  "Work- 
men's compensation,  insurance  and  safety  act  of  1917." 

Definitions. 

$  2.  [Amended  June  3, 1915,  Stats.  1915,  p.  1080;  June  8,  1915,  Stats.  1915,  p.  1303; 
repealed  May  23,  1917,  Stats.  1917,  p.  879.] 

This  section  became  section  3  of  the  act  of  1917.     See  Act  2781. 

Industrial  accident  commission  created.     Salary. 

§  3.  There  is  hereby  created  a  board  to  consist  of  three  members  who  shall  be 
appointed  by  the  governor  from  the  state  at  large  and  which  shall  be  known  as  the 
"industrial  accident  commission"  and  shall  have  the  powers,  duties  and  functions 
hereinafter  conferred.  Within  thirty  days  prior  to  the  first  day  of  January,  1914,  the 
governor  shall  appoint  the  three  members  of  said  commission,  one  for  the  term  of 
two  years,  one  for  the  term  of  three  years  and  one  for  the  term  of  four  years.  There- 
after, the  term  of  office  of  each  commissioner  shall  be  four  years.  Vacancies  shall 
be  filled  by  appointment  in  the  same  manner  for  the  unexpired  term.  Each  commis- 
sioner shall  receive  an  annual  salary  of  five  thousand  dollars.  Each  commissioner 
shall,  before  entering  upon  the  duties  of  his  office,  take  and  subscribe  the  constitu- 
tional oath  of  office. 

Organization  of  commission.     Majority  rules. 

§  4.  The  commission  shall  organize  by  choosing  one  of  its  members  as  chairman. 
A  majority  of  the  commission  shall  constitute  a  quorum  for  the  transaction  of  ao"^ 


Act  2100.  8§  5-7  GESNKRAL   LAWS.  1084 

business,  for  the  performance  of  any  duty,  or  for  the  exercise  of  any  power  or 
authority  of  the  commission.  A  vacancy  on  the  commission  shall  not  impair  the  right 
of  the  remaining  members  to  perform  all  the  duties  and  exercise  all  the  power  and 
authority  of  the  commission.  The  act  of  the  majority  of  the  commission,  when  in 
session  as  a  commission,  shall  be  deemed  to  be  the  act  of  the  commission,  but  any 
investigation,  inquiry  or  hearing,  which  the  commission  has  power  to  undertake  or 
to  hold,  may  be  undertaken  or  held  by  or  before  any  member  thereof  or  any  referee 
appointed  by  the  commission  for  the  purpose,  and  every  finding,  order,  decision,  or 
award  made  by  any  commissioner  or  referee,  pursuant  to  such  investigation,  inquiry  or 
hearing,  when  approved  and  confirmed  by  the  commission  and  ordered  filed  in  its 
office,  shall  be  deemed  to  be  the  finding,  order,  decision  or  award  of  the  commission. 

Seal. 

^5.  The  commission  shall  have  a  seal,  bearing  the  following  inscription:  "Indus- 
trial accident  commission  state  of  California,  seal."  The  seal  shall  be  affixed  to  all 
writs  and  authentications  of  copies  of  records  and  to  such  other  instruments  as  the 
commission  shall  direct.    All  courts  shall  take  judicial  notice  of  said  seaL 

Office  in  San  Francisco. 

$  6.  The  commission  shall  keep  its  principal  office  in  the  city  and  county  of  San 
Francisco,  and  shall  also  keep  an  office  in  the  city  of  Los  Angeles,  and  shall  provide 
itself  with  suitable  rooms,  necessary  office  furniture,  stationery  and  other  supplies. 
For  the  purpose  of  holding  sessions  in  other  places,  the  commission  shall  have  power 
to  rent  temporary  quarters. 

Appointees, 

§  7.     The  commission  shall  have  full  power  and  authority: 

Attorney. 

(1)  To  appoint  as  its  attorney  an  attorney-at-law  of  this  state,  who  shall  hold  office 
at  the  pleasure  of  the  commission.  It  shall  be  the  right  and  the  duty  of  the  attorney 
to  represent  and  appear  for  the  people  of  the  state  of  California  and  the  commission 
in  all  actions  and  proceedings  involving  any  question  under  this  act  or  under  any 
order  or  act  of  the  commission  and,  if  directed  so  to  do  by  the  commission,  to  intervene, 
if  possible,  in  any  action  or  proceeding  in  which  any  such  question  is  involved;  to 
commence,  prosecute  and  expedite  the  final  determination  of  all  actions  or  proceedings, 
civil  or  criminal,  directed  or  authorized  by  the  commission;  to  advise  the  commission 
and  each  member  thereof,  when  so  requested,  in  regard  to  all  matters  in  connection 
with  the  jurisdiction,  powers  or  duties  of  the  commission  and  members  thereof;  and 
generally  to  perform  all  duties  and  service  as  attorney  to  the  commission  which  maj^ 
be  required  of  him. 

Secretary. 

(2)  To  appoint,  and  it  shall  appoint,  a  secretary,  who  shall  hold  office  at  the  pleasure 
of  the  commission.  It  shall  be  the  duty  of  the  secretary  to  keep  a  full  and  true  record 
of  all  the  proceedings  of  the  commission,  to  issue  all  necessary  processes,  writs, 
warrants  and  notices  which  the  commission  is  required  or  authorized  to  issue,  and 
generally  to  perform  such  other  duties  as  the  commission  may  prescribe.  The  com- 
mission may  also  appoint  such  assistant  secretaries  as  may  be  necessary  and  such 
assistant  secretaries  may  perform  any  duty  of  the  secretary,  when  so  directed  by  the 
commission. 

Manager  of  insurance  fund.    Bond. 

(3)  To  appoint  a  manager  of  the  state  compensation  insurance  fund  who  shall  hold 
office  at  the  pleasure  of  the  commission.     It  shall  be  the  duty  of  such  manager  to 


loss  INDUSTRIAL     ACCIDENT     COMMISSION.  Act  2100,  §§  8-10 

manage,  supervise  and  conduct,  subject  to  the  general  direction  and  approval  of  the 
commission,  the  business  and  affairs  of  the  state  compensation  insurance  fund  and 
to  perform  such  other  duties  as  the  commission  may  prescribe.  Before  entering  on 
the  duties  of  his  oflBee,  he  must  give  an  official  bond  in  the  sum  of  $50,000,  and  take 
and  subscribe  to  an  official  oath.  Said  bond  must  be  approved  by  the  commission,  by 
written  endorsement  thereon,  and  be  filed  in  the  office  of  the  secretary  of  state. 

Superintendent  of  safety. 

(4)  To  appoint  a  superintendent  of  the  department  of  safety,  who  shall  hold  office 
at  the  pleasure  of  the  commission  and  who  shall  perform  such  duties  as  the  commis- 
sion shall  prescribe. 

Other  employees. 

(5)  To  employ  such  other  assistants,  officers,  experts,  statisticians,  actuaries,  account- 
ants, inspectors,  referees  and  other  employees,  as  it  may  deem  necessary  to  carry  out 
the  provisions  of  this  act,  or  to  perform  the  duties  and  exercise  the  powers  conferred 
by  law  upon  the  commission. 

Assitttant  attorney  provided  for  by  section  4  of  the  act  of  1917.     See  Act  2781. 

Compensation  of  employees.    Expenses. 

§  8.  All  officers  and  employees  of  the  commission  shall  receive  such  compensation 
for  their  services  as  may  be  fixed  by  the  commission  and  shall  hold  office  at  the 
pleasure  of  the  commission  and  shall  perform  such  duties  as  are  imposed  on  them 
by  law  or  by  the  commission.  The  salaries  of  the  members  of  the  commission,  its 
attorney,  secretary  and  assistant  secretary,  as  fixed  by  law  or  the  commission,  shall 
be  paid  in  the  same  manner  as  are  the  salaries  of  other  state  officers.  The  salary  or 
compensation  of  every  other  person  holding  office  or  employment  under  the  commis- 
sion, as  fixed  by  law  or  by  the  commission,  shall  be  paid  monthly,  after  being  approved 
by  the  commission,  upon  claims  therefor  to  be  audited  by  the  state  board  of  control. 
All  expenses  incurred  by  the  commission  pursuant  to  the  provisions  of  this  act, 
including  the  actual  and  necessary  traveling  and  other  expenses  and  disbursements 
of  the  members  thereof,  its  officers  and  employees,  incurred  while  on  business  of  the 
commission,  either  within  or  without  the  state,  shall,  unless  otherwise  provided  in  this 
act,  be  paid  from  the  funds  appropriated  for  the  use  of  the  commission,  after  being 
approved  by  the  commission,  upon  claims  therefor  to  be  audited  by  the  board  of 
control;  provided,  however,  that  no  such  expenses  incurred  outside  of  the  state  shall 
be  allowed  unless  prior  authorization  therefor  be  obtained  from  the  board  of  control. 

Departmental  expenses. 

$  9.  In  all  cases  in  which  salaries,  expenses  or  outgoings  of  one  department  under 
the  jurisdiction  of  the  commission  are  expended  in  whole  or  in  part  on  behalf  of 
another  department  the  commission  may  apportion  the  same  between  such  departments. 

Blank  forms.    Minute  book. 

§  10.  The  commission  shall  cause  to  be  printed  and  furnished  free  of  charge  to  any 
employer  or  employee,  or  other  person,  such  blank  forms  as  it  shall  deem  requisite 
to  facilitate  or  promote  the  efficient  administration  of  this  act;  it  shall  provide  a  book 
in  which  shall  be  entered  the  minutes  of  all  its  proceedings,  a  book  in  which  shall  be 
recorded  all  awards  made  by  the  commission  and  such  other  books  or  records  as  it 
shall  deem  requisite  for  the  proper  and  efficient  administration  of  this  act-  all  such 
records  to  be  kept  in  the  office  of  the  commission. 


Act  2106.  §g  11-18  GENKRAl    LAWS.  1086 

Powers. 

^  11.    The  commission  shall  also  have  power  ancl  authority: 

Fees. 

(1)  To  charge  and  collect  the  following  fees:  for  copies  of  papers  and  records  not 
required  to  be  certified  or  otherwise  authenticated  by  the  commission,  ten  cents  for 
each  folio;  for  certified  copies  of  official  documents  and  orders  filed  in  its  office  or  of 
the  evidence  taken  on  proceedings  had,  fifteen  cents  for  each  folio. 

Reports. 

(2)  To  publish  and  distribute  in  its  discretion  from,  time  to  time,  in  addition  to  its 
annual  report  to  the  governor  of  the  state,  such  further  reports  and  pamphlets  covering 
its  operations,  proceedings  and  matters  relative  to  its  work  as  it  may  deem  advisable. 

Charges. 

(3)  To  fix  and  collect  reasonable  charges  for  publications  issued  under  its  authority. 

Tees  paid  into  fund. 

(4)  The  fees  charged  and  collected  under  this  section  shall  be  paid  monthly  into  the 
treasury  of  the  state  to  the  credit  of  the  '  *  industrial  accident  fund ' '  and  shall  be  accom- 
panied by  a  detailed  statement  thereof. 

When  liability  exists  against  employer. 

$12.     [Amended  June  3,  1915,  Stats.  1915,  p.  1081;  repealed  May  23,  1917,  Stats. 

1917,  p.  879.] 

This  section  became  section  6  of  the  act  of  1917.     See  Act  2781. 

"Employer." 

$13.     [Amended  June  3,  1915,  Stats.  1915,  p.  1081;  repealed  May  23,  1917,  Stats. 

1917,  p.  879.] 

This  section  became  section  7  of  the  act  of  1917.     See  Act  2781. 

"Employee." 

$14.     [Amended  May  27,  1915,  Stats.  1915,  p.  913;  repealed  May  23,  1917,  Stats. 

1917,  p.  879.] 

This  section  became  section  8  of  the  act  of  1917.     See  Act  2781« 

Compensation  schedule,  etc. 

$15.     [Amended  June  3,  1915,  Stats.  1915,  p.  1082;  repealed  May  23,  1917,  Stats. 

1917,  p.  879.] 

This  section  was  Incorporated  In  section  9  of  the  act  of  1917.     See  Act  2781. 

Limitation  of  actions,  etc. 

$16.  [Amended  June  3,  1915,  Stats.  1915,  p.  1085;  repealed  May  23,  1917,  Stats. 
1917,  p.  879.] 

This  section  became  section  11  of  the  act  of  1917.     See  Act  2781. 

Average  weekly  and  annual  earnings,  etc. 

$17.     [Amended  June  3,  1915,  Stats.  1915,  p.  1086;  repealed  May  23,  1917,  Stata 

1917,  p.  879.] 
This  section   became  section   12  of  the  act  of  1917.     See  Act  2781. 

Weekly  loss  in  wages. 

$  18.     [Repealed  May  23,  1917,  Stats.  1917,  p.  879.] 
This  section  became  section  13  of  the  act  of  1917.     See  Act  2781. 


1087  INDUSTRIAL.     ACCIDENT     COMMISSION.  Act  210«,  §§  19-31 

Persons  wholly  dependent  for  support. 

$19.     [Amended  June  3,  1915,  Stats.  1915,  p.  1087;  repealed  May  23,  1917,  Stats. 
1917,  p.  879.] 

This  section  became  section  14  of  the  act  of  1917.     See  Act  2781. 

Notice  to  employer  of  accident.    Actual  knowledge. 

§20.     [Amended  June  3,  1915,  Stats.  1915,  p.  1089;  repealed  May  23,  1917,  Stats. 
1917,  p.  879.] 

This  section  became  section  15  of  the  act  of  1917.     See  Act  2781. 

Examination  by  physician. 

§  21.     [Repealed  May  23,  1917,  Stats.  1917,  p.  879.] 

This  section  became  section  16  of  the  act  of  1917.     See  Act  2781. 

Application  for  hearing  on  dispute. 

§22.     [Amended  June  3,  1915,  Stats.  1915,  p.  1089;  repealed  May  23,  1917,  Stats. 
1917,  p.  879.] 

This  section  became  section  17  of  the  act  of  1917.     See  Act  2781. 

Defendant's  answer. 

§  23.     [Repealed  May  23,  1917,  Stats.  1917,  p.  879.] 

This  section  became  section  18  of  the  act  of  1917.  See  Act  2781. 

Pleadings,  testimony,  etc. 

§24.     [Amended  June  3,  1915,  Stats.  1915,  p.  1090;  repealed  May  23,  1917,  Stats. 
1917,  p.  879.] 

This  section  became  section  19  of  the  act  of  1917.     See  Act  2781. 

Findings  and  award. 

§  25.     [Amended  June  3,  1915,  Stats.  1915,  p.  1090;  repealed  May  23,  1917,  Stats. 
1917,  p.  879.] 

This  section  became  section  20  of  the  act  of  1917.     See  Act  2781. 

Findings  may  be  filed  with  court. 

§  26.     [Amended  June  3,  1915,  Stats.  1915,  p.  1091 ;  repealed  May  23,  1917,  Stats. 
1917,  p.  879.] 

This  section  became  section  21  of  the  act  of  1917.     See  Act  2781. 

Review  of  decisions  by  courts. 

§  27.     [Repealed  May  23,  1917,  Stats.  1917,  p.  879.] 

This  section  became  section  22  of  the  act  of  1917.     See  Act  2781. 

Fees  of  clerk  of  court.    Costs.    Interest. 

§  28.     [Repealed  May  23,  1917,  Stats.  1917,  p.  879.] 

This  section  became  section  23  of  the  act  of  1917.     See  Act  2781. 

Assignment  of  claim,  etc 

§29.     [Amended  June  3,  1915,  Stats.  1915,  p.  1091;  repealed  May  23,  1917,  Stats. 
1917,  p.  879.] 

This  section  corresponds  to  section  24  of  the  act  of  1917.     See  Act  2781. 

Principals'  liability. 

§30.     [Amended  June  3,  1915,  Stats.  1915,  p.  1092;  repealed  May  23,  1917,  Stats. 
1917,  p.  879.] 

This  act  corresponds  with  section  26  of  the  act  of  1917.     See  Act  2781. 

Claim  operates  as  assignment  of  right. 

§  31.     [Repealed  May  23, 1917,  Stats.  1917,  p.  879.] 

This  section  corresponds  to  section  26  of  the  act  of  1917.     See  Act  2781. 


Act  2106,  §S  32-37  GENERAL   LAWS.  »088 

No  exemption  by  contract,  etc. 

§32.  [Amended  June  3,  1915,  Stats.  1915,  p.  1093;  repealed  May  23,  1917,  Stats. 
1917,  p.  879.] 

This  section  became  section  27  of  the  act  of  1917.     See  Act  2781. 

Commission  may  commute  compensation  to  lump  sum,  etc. 

§33.  [Amended  June  3,  1915,  Stats.  1915,  p.  1094;  repealed  May  23,  1917,  Stats. 
1917,  p.  870.] 

This  section  became  section  28  of  the  act  of  1917.     See  Act  2781. 

Mutual  insurance  companies  not  affected. 

§  34.     [Amended  June  3,  1915,  Stats.  ^915,  p.  1095;  repealed  May  23,  1917,  Stats. 

1917,  p.  879.] 

This  section  corresponds  with  section  30  of  the  act  of  1917.     See  Act  2781. 

"Limited  compensation  policy." 

§  35.     [Repealed  May  23,  1917.    Stats.  1917,  p.  879.] 

This  section  became  section  31  of  the  act  of  1917.     See  Act  2781. 

"State  compensation  insurance  fund"  created. 

§  36.  There  is  hereby  created  and  established  a  fund  to  be  known  as  the  "state  com- 
pensation insurance  fund,"  to  be  administered  by  the  industrial  accident  commission  of 
the  state,  without  liability  on  the  part  of  the  state  beyond  the  amount  of  said  fund,  for 
the  purpose  of  insuring  employers  against  liability  for  compensation  under  this  act,  and 
against  the  expense  of  defending  any  suit  for  damages  under  the  optional  provisions  of 
section  twelve  hereof  (subdivision  b),  and  insuring  to  employees  and  other  persons  the 
compensation  fixed  by  this  act  for  employees  and  their  dependents.  [Amendment  of 
June  3,  1915.    In  effect  August  8,  1915.    Stats.  1915,  p.  1097.] 

See  section  32  of  the  act  of  1917,  Act  2781. 

Revolving  fund. 

§  37.  (a)  The  state  compensation  insurance  fund  shall  be  a  revolving  fund  and  shall 
consist  of  such  specific  appropriations  as  the  legislature  may  from  time  to  time  make  or 
set  aside  for  the  use  of  such  fund,  all  premiums  received  and  paid  into  the  said  fund  for 
compensation  insurance  issued,  all  property  and  securities  acquired  by  and  through  the 
use  of  moneys  belonging  to  said  fund  and  all  interest  earned  upon  moneys  belonging  to 
said  fund  and  deposited  or  invested,  as  herein  provided. 

Charges  against  fund. 

(b)  Said  fund  shall  be  applicable  to  the  payment  of  losses  sustained  on  account  of 
insurance  and  to  the  payment  of  the  salaries  and  other  expenses  to  be  charged  against 
said  fund  in  accordance  with  the  provisions  contained  in  this  act. 

Self-supporting.    Dividend  for  renewals. 

(e)  Said  fund  shall,  after  a  reasonable  time  during  which  it  may  establish  a  business, 
be  fairly  competitive  with  other  insurance  carriers,  and  it  is  the  intent  of  the  legislature 
that  said  fund  shall  ultimately  become  neither  more  nor  less  than  self-supporting.  In 
order  that  the  state  compensation  insurance  fund  shall  ultimately  become  neither  more 
nor  less  than  self-supporting,  the  actual  loss  experience  and  expense  of  the  fund  shall 
be  ascertained  on  or  about  the  first  of  January  in  each  year  for  the  year  preceding,  and 
should  it  then  be  shown  that  there  exists  an  excess  of  assets  over  liabilities,  such  liabili- 
ties to  include  the  necessary  reserves,  and  a  reasonable  surplus  for  the  catastrophe  haz- 
ard, then,  in  the  discretion  of  the  commission,  a  cash  dividend  shall  be  declared  to,  or  a 
credit  allowed  on  the  renewal  premium  of  each  employer  who  has  been  insured  with  the 
fund,  such  cash  dividend  or  credit  to  be  such  an  amount  to  which,  as  in  the  discretion 


I 


lOSO  INDUSTRIAL     ACCIDENT     COMMISSION.  Act  2106,  g§  38,  39 

of  the  commission,  such  employer  may  be  entitled  as  the  employer 's  proportion  of  divis- 
ible surplus.  [Amendment  of  June  3,  1915.  In  effect  August  8,  1915.  Stats.  1915, 
p.  1097.] 

See  Act   2105. 

Commission  vested  with  full  power  over  fund. 

§  38.  (a)  The  commission  is  hereby  vested  with  full  power,  authority  and  jurisdic- 
tion over  the  state  compensation  insurance  fund  and  may  do  and  perform  any  and  all 
things  whether  herein  specifically  designated,  or  in  addition  thereto,  which  are  neces- 
sary or  convenient  in  the  exercise  of  any  power,  authority  or  jurisdiction  over  said 
fund  in  the  administration  thereof,  or  in  connection  with  the  insurance  business  to 
be  carried  on  by  it  under  the  provisions  of  this  act,  as  fully  and  completely  as  the- 
governing  body  of  a  private  insurance  carrier  might  or  could  do. 

To  fix  rates. 

(b)  The  commission  shall  have  full  power  and  authority,  and  it  shall  be  its  duty, 
to  fix  and  determine  the  rates  to  be  charged  by  the  state  compensation  insurance  fund 
for  compensation  insurance,  and  to  manage  and  conduct  all  business  and  affairs  in 
relation  thereto,  all  of  which  business  and  affairs  shall  be  conducted  in  the  name  of  the 
state  compensation  insurance  fund,  and  in  that  name,  without  any  other  name  or  title, 
the  commission  may : 

Powers  of  commission. 

(1)  Sue  and  be  sued  in  all  the  courts  of  the  state  in  all  actions  arising  out  of  any 
act,  deed,  matter  or  thing  made,  omitted,  entered  into,  done,  or  suffered  in  connection 
with  the  state  compensation  insurance  fund,  the  administration,  management  or  conduct 
of  the  business  or  affairs  relating  thereto. 

(2)  Make  and  enter  into  contracts  of  insurance  as  herein  provided,  and  such  other 
contracts  or  obligations  relating  to  the  state  compensation  insurance  fund  as  are 
authorized  or  permitted  under  the  provisions  of  this  act. 

(3)  Invest  and  reinvest  the  moneys  belonging  to  said  fund  as  hereinafter  provided. 

(4)  Conduct  all  business  and  affairs,  relating  to  the  state  compensation  insurance 
fund,  whether  herein  specifically  designated  or  in  addition  thereto. 

May  delegate  powers. 

(c)  The  commission  may  delegate  to  the  manager  of  the  state  compensation  insurance 
fund,  or  to  any  other  officer,  under  such  rules  and  regulations  and  subject  to  such 
conditions  as  it  may  from  time  to  time  prescribe,  any  of  the  powers,  functions  or 
duties,  conferred  or  imposed  on  the  commission  under  the  provisions  of  this  act  in  con- 
nection with  the  state  compensation  insurance  fund,  the  administration,  management 
and  conduct  of  the  business  and  affairs  relating  thereto,  and  the  officer  or  officers  to 
whom  such  delegation  is  made  may  exercise  the  powers  and  functions  and  perform  the 
duties  delegated  with  the  same  force  and  effect  as  the  commission,  but  subject  to  its 
approval. 

Not  liable  personally. 

(d)  This  commission  shall  not,  nor  shall  any  commissioner,  officer  or  employee  thereof, 
be  personally  liable  in  his  private  capacity  for  or  on  account  of  any  act  performed  or 
contract  or  other  obligation  entered  into  or  undertaken  in  an  official  capacity,  in  good 
faith  and  without  intent  to  defraud,  in  connection  with  the  administration,  management 
or  conduct  of  the  state  compensation. insurance  fund^  its  business  or  other  affairs  relat- 
ing thereto. 

Powers  of  insurance  fund  manager. 

^  39.  In  conducting  the  business  and  affairs  of  the  state  compensation  insurance 
fund,  the  manager  of  the  said  fund  or  other  officer  to  whom  such  power  and  authority 

Gen.  Laws — 69 


Act  2106,  gg  40, 41  GBNBRAr  LAWS.  ftOOO 

way  be  delegated  by  the  commission,  as  provided  by  subsection  (c)  of  section  thirty- 
eight  nereof,  shall  have  full  power  and  authority : 

(1)  To  enter  into  contracts  of  insurance,  insuring  employers  against  liability  for 
compensation  and  insuring  to  employees  and  other  persons  the  compensation  fixed  by 
this  act. 

(2)  To  sell  annuities  covering  compensation  benefits. 

(3)  To  decline  to  insure  any  risk  in  which  the  minimum  requirements  of  the  com- 
mission with  regard  to  construction,  equipment  and  operation  are  not  observed,  or 
which  is  beyond  the  safe  carrying  of  the  state  compensation  insurance  fund,  but  shall 
not  have  power  or  authority,  except  as  otherwise  provided  in  this  subdivision,  to  refuse 
to  insure  any  compensation  risk  tendered  with  the  premium  therefor. 

(4)  To  reinsure  any  risk  or  any  part  thereof. 

(5)  To  inspect  and  audit,  or  cause  to  be  inspected  and  audited  the  pay-rolls  of  em- 
ployers applying  for  insurance  against  liability  for  compensation. 

(6)  To  make  rules  and  regulations  for  the  settlement  of  claims  against  said  fund 
and  to  determine  to  whom  and  through  whom  the  payments  of  compensation  are  to  be 
made. 

(7)  To  contract  with  physicians,  surgeons  and  hospitals  for  medical  and  surgical 
treatment  and  the  care  and  nursing  of  injured  persons  entitled  to  benefits  from  said 
fund. 

Rates  for  compensation  insurance. 

$  40.  (a)  It  shall  be  the  duty  of  the  commission  to  fix  and  determine  the  rates  to 
be  charged  by  the  state  compensation  insurance  fund  for  compensation  insurance  cover- 
age as  herein  provided,  and  such  rates  shall  be  fixed  with  due  regard  to  the  physical 
hazards  of  each  industry,  occupation  or  employment  and,  within  each  class,  so  far  as 
practicable,  in  accordance  with  the  elements  of  bodily  risk  or  safety  or  other  hazard  of 
the  plant  or  premises  or  work  of  each  insured  and  the  manner  in  which  the  same  is  con- 
ducted, together  with  a  reasonable  regard  for  the  accident  experience  and  history  of 
each  such  insured,  and  the  means  and  methods  of  caring  for  injured  persons,  but  such 
rates  shall  take  no  account  of  the  extent  to  which  the  employees  in  any  particular  estab- 
lishment have  or  have  not  persons  dependent  upon  them  for  support. 

How  determined. 

(b)  The  rates  so  made  shall  be  that  percentage  of  the  pay-roll  of  any  employer  which, 
in  the  long  run  and  on  the  average,  shall  produce  a  sufficient  sum,  when  invested  at 
three  and  one  half  per  cent  interest: 

(1)  To  carry  all  claims  to  maturity;  that  is  to  say  the  rates  shall  be  based  upon  the 
** reserve"  and  not  upon  the  "assessment"  plan; 

(2)  To  meet  the  reasonable  expenses  of  conducting  the  business  of  such  insurance; 

(3)  To  produce  a  reasonable  surplus  to  cover  the  catastrophe  hazard. 

Rates  either  limited  or  unlimited. 

§  41.  The  insurance  contracts  entered  into  between  the  state  compensation  insurance 
fund  and  persons  insuring  therewith  may  be  either  limited  or  unlimited  and  issued  for 
one  year  or,  in  the  form  of  stamps  or  tickets  or  otherwise,  for  one  month  or  any  number 
of  months  less  than  one  year,  or  for  one  day  or  any  number  of  days  less  than  one  month, 
or  durin"-  the  performance  of  any  particular  work,  job  or  contract;  provided,  that  the 
rates  charged  shall  be  proportionately  greater  for  a  shorter  than  for  a  longer  period  and 
that  a  minimum  premium  charge  shall  be  fixed  in  accordance  with  a  reasonable  rate  for 
insurino"  one  person  for  one  day.  Nothing  in  this  act  shall  be  construed  to  prevent  any. 
person  applying  for  compensation  insurance  from  being  covered  temporarily  until  the 
application  is  finally  acted  upon,  or  to  prevent  the  injured  from  surrendering  any  policy 


1001  INDUSTRIAL     ACCIDENT     COMMISSION.  Act  2106,  §§  43, 44 

at  any  time  and  having  returned  to  him  the  difference  between  the  premium  paid  and 
the  premium  at  the  customary  short  term  for  the  shorter  period  which  such  policy  has 
already  run.  The  state  compensation  insurance  fund  may  at  any  time  cancel  any  policy, 
after  due  notice,  upon  a  pro  rata  basis  of  premium  repayment. 

Policies  for  employers,  etc. 

$  42.  The  state  compensation  insurance  fund  may  issue  policies,  including  with  their 
employees,  employers  who  perform  labor  incidental  to  their  occupations,  and  including 
also  members  of  the  families  of  such  employers  engaged  in  the  same  occupation,  such 
policies  insuring  to  such  employers  and  working  members  of  their  families  the  same  com- 
pensations provided  for  their  employees,  and  at  the  same  rates ;  provided,  that  the  esti- 
mations of  their  wage  values,  respectively,  shall  be  reasonable  and  separately  stated 
in  and  added  to  the  valuation  of  their  payrolls  upon  which  their  premium  is  computed. 
Such  policies  may  likewise  be  sold  to  self -employing  persons  and  to  casual  employees, 
who,  for  the  purpose  of  such  insurance,  shall  be  deemed  to  be  employees  within  the 
meaning  of  sections  twelve  to  thirty-five,  inclusive,  of  this  act. 

State  treasurer  custodian  of  fund. 

§  43.  The  treasurer  of  the  state  shall  be  custodian  of  all  moneys  and  securities 
belonging  to  the  state  compensation  insurance  fund,  except  as  otherwise  provided  in 
this  act,  and  shall  be  liable  on  his  official  bond  for  the  safekeeping  thereof.  All  moneys 
belonging  to  said  fund  collected  or  received  by  the  commission,  or  the  manager  of  the 
state  compensation  insurance  fund,  under  and  by  virtue  of  the  provisions  of  this  act, 
shall  be  delivered  to  the  treasurer  of  the  state  or  may  be  deposited  to  his  credit  in  such 
bank  or  banks  throughout  the  state  as  he  may,  from  time  to  time,  designate,  and  such 
moneys  when  so  delivered  or  deposited  shall  be  credited  by  the  treasurer  to  the  said 
fund  and  no  moneys  received  or  collected  on  account  of  such  fund  shall  be  expended  or 
paid  out  of  such  fund  without  first  passing  into  the  state  treasury  and  being  drawn 
therefrom  as  provided  in  this  act.  In  like  manner  there  shall  be  delivered  to  the  treas- 
urer all  securities  belonging  to  said  fund  which  shall  be  held  by  him  until  otherwise  dis- 
posed of  as  provided  in  this  act. 

Monthly  estimate  to  board  of  control. 

$  44.  (a)  The  commission  shall  submit  each  month  to  the  state  board  of  control  an 
estimate  of  the  amount  necessary  to  meet  the  current  disbursements  from  the  state  com- 
pensation insurance  fund  during  each  succeeding  calendar  month  and,  when  such  esti- 
mate shall  be  appi'oved  by  the  state  board  of  control,  the  controller  is  directed  to  draw 
his  warrant  on  said  fund  in  favor  of  said  commission  for  such  amount;  and  the  treasurer 
is  authorized  and  directed  to  pay  the  same. 

Monthly  accounting. 

(b)  At  the  end  of  each  calendar  month  the  commission  shall  account  to  the  state  board 
of  control  and  the  state  controller  for  all  moneys  so  received,  furnishing  proper  vouchers 
therefor. 

Semi-annual  valuation  of  properties. 

(c)  During  the  months  of  January  and  July  of  each  year  the  state  board  of  control 
or  the  commission  shall  cause  a  valuation  to  be  made  of  the  properties  and  securities 
which  have  been  acquired  and  which  are  held  for  said  fund,  and  shall  report  the  results 
of  the  same  to  the  state  controller,  whose  duty  it  shall  be  to  keep  a  special  ledger 
account  showing  all  of  the  assets  pertaining  to  the  state  compensation  insurance  fund. 
In  the  controller's  general  ledger  this  fund  account  may  be  carried  merely  as  a  cash 
account,  like  other  accounts  of  funds  in  the  state  treasury,  and  therein  only  the  actual 
cash  coming  into  the  state  compensation  insurance  fund  shall  be  credited  to  such  fund. 


Act  2106,  8g  45-49  GENRRAL   L.A\%'S.  1092 

Investment  of  surplus. 

$  45,  (a)  The  commission  shall  cause  all  moneys  in  the  state  corapensation  insurance 
fund,  in  excess  of  current  requirements,  to  be  invested  and  reinvested,  from  time  to 
time,  in  the  securities  now  or  hereafter  authorized  by  law  for  the  investment  of  funds 
of  savings  banks. 

(b)  The  commission  shall,  from  time  to  time,  submit  to  the  state  board  of  control  an 
estimate  of  the  amount  required  by  it  for  investment,  which  estimate  shall  be  accom- 
panied by  a  full  description  of  the  kind  and  character  of  the  investments  to  be  made 
and,  when  such  estimate  shall  be  approved  by  the  state  board  of  control,  the  controller 
is  directed  to  draw  his  warrant  on  the  state  compensation  insurance  fund  in  favor  of 
the  commission  for  such  amount  and  the  treasurer  is  authorized  and  directed  to  pay 
the  same. 

(c)  At  the  end  of  each  calendar  month  the  commission  shall  account  to  the  said  board 
of  control  and  the  state  controller  for  all  moneys  so  received,  furnishing  proper  vouchers 
therefor. 

(d)  All  moneys  in  said  fund,  in  excess  of  current  requirements  and  not  otherwise 
invested,  may  be  deposited  by  the  state  treasurer  from  time  to  time  in  the  banks  author- 
ized by  law  to  receive  deposits  of  public  moneys  under  the  same  rules  and  regulations 
that  govern  the  deposit  of  other  public  funds  and  the  interest  accruing  thereon  shall 
be  credited  to  the  state  compensation  insurance  fund. 

Counties,  etc.,  may  insure. 

$  46.  Each  county,  city  and  county,  city,  school  district  or  other  public  corporation 
or  quasi-public  corporation  within  the  state  not  including,  however,  any  public  utility 
corporation,  may  insure  against  its  liability  for  compensation  with  the  state  compen- 
sation insurance  fund  and  not  with  any  other  insurance  carrier  unless  such  fund  shall 
refuse  to  accept  the  risk  when  the  application  for  insurance  is  made,  and  the  premium 
therefor  shall  be  a  proper  charge  against  the  general  fund  of  each  such  political  sub- 
division of  the  state.  [Amendment  of  June  3,  1915.  In  effect  August  8,  1915,  Stats. 
1915,  p.  1098.] 

Schedules  of  rates  to  be  furnished  certain  officers. 

$  47,  When  the  premium  rates  for  insurance  in  the  state  compensation  insurance 
fund  shall  have  been  established  the  commission  shall  furnish  schedules  of  rates  and 
copies  of  the  forms  of  policy  to  the  commissioner  of  labor,  to  the  clerk  and  to  the  treas- 
urer of  every  county,  city  and  county,  and  city  in  the  state,  and  it  shall  be  the  duty  of 
every  public  officer  to  whom  the  foregoing  may  be  furnished  to  fill  out  and  transmit  to 
the  manager  of  the  state  compensation  insurance  fund  applications  for  compensation 
insurance  in  such  fund  and  to  receive  and  transmit  to  said  manager  all  premiums  paid 
on  account  of  any  policy  issued  or  applied  for,  and  for  this  service  such  officials  may 
be  allowed  such  commission  or  other  compensation  as  the  commission  may  from  time 
to  time  direct.  [Amendment  of  June  3,  1915.  In  effect  August  8,  1915,  Stats.  1915, 
p,  1098.] 

Quarterly  report  to  governor. 

§  48,  The  commission  shall  each  quarter  make  to  the  governor  of  the  state,  reports 
of  the  business  done  by  the  state  compensation  insurance  fund  during  the  previous 
quarter,  and  a  statement  of  the  fund's  resources  and  liabilities,  and  it  shall  be  the  duty 
of  the  state  board  of  control  to  audit  such  reports  and  to  cause  an  abstract  thereof  to 
be  published  one  or  more  times  in  at  least  two  newspapers  of  general  circulation  in  the 
state.  The  commission  shall  likewise  make  to  the  state  insurance  commissioner  all 
reports  required  by  law  to  be  made  by  other  insurance  carriers. 


1003  INDUSTRIAL.    ACCIDENT    COMMISSION.  Act  2106,  §g  49-61 

Penalty  for  misrepresenting  pay-roll. 

$  49.  Any  employer  who  shall  wilfully  misrepresent  the  amount  of  the  pay-roll  upon 
which  his  premium  under  this  act  is  to  be  based  shall  be  liable  to  the  state  in  ten 
times  the  amount  of  the  difference  in  premium  paid  and  the  amount  the  employer  should 
have  paid  had  his  pay-roll  been  correctly  computed,  and  the  liability  to  the  state  under 
this  section  shall  be  enforced  in  a  civil  action  in  the  name  of  the  state  compensation 
insurance  fund  and  any  amount  so  collected  shall  become  a  part  of  said  fund. 

Other  misrepresentation,  misdemeanor. 

5  50.  Any  person  who  wilfully  misrepresents  any  fact  in  order  to  obtain  insurance 
at  less  than  the  proper  rate  for  such  insurance,  or  in  order  to  obtain  any  payments  out 
of  such  fund,  shall  be  guilty  of  a  misdemeanor. 

Definitions. 

$  51.     [Repealed  May  23,  1917,  Stats.  1917,  p.  879.] 

This  section  became  section  33  of  the  act  of  1917.     See  Act  2781. 

Duty  of  employer. 

^  52.     [Repealed  May  23,  1917,  Stats.  1917,  p.  879.] 

This  section  became  section  34  of  the  act  of  1917.     See  Act  2781. 

Employee  not  to  go  into  unsafe  place. 

^  53.     [Repealed  May  23,  1917,  Stats.  1917,  p.  879.] 

This  section  became  section  35  of  the  act  of  1917.     See  Act  2781.  ^ 

Unsafe  structures. 

$  54.     [Repealed  May  23, 1917,  Stats.  1917,  p.  879.] 

This  section  became  section  36  of  the  act  of  1917.     See  Act  2781. 

Removing  safety  device  prohibited. 

$  55.     [Repealed  May  23, 1917,  Stats.  1917,  p.  879.] 

This  section  became  section  37  of  the  act  of  1917.     See  Act  2781. 

Supervision  of  places  of  employment. 

$  56.     [Repealed  May  23,  1917,  Stats.  1917,  p.  879.] 

This  section  became  section  38  of  the  act  of  1917.     See  Act  2781. 

Powers.    Safety  devices,  etc. 

§  57.  [Amended  June  3,  1915,  Stats,  of  1915,  p.  1099;  repealed  May  23,  1917,  Stats. 
1917,  p.  879.] 

This  section  became  section  39  of  the  act  of  1917.     See  Act  2781. 

Publication  of  hearing  on  general  safety  orders. 
$  58.     [Repealed  May  23,  1917,  Stats.  1917,  p.  879.] 

This  section  became  section  40  of  the  act  of  1917.     See  Act  2781. 

May  order  places,  etc.,  made  safe. 

§  59.     [Repealed  May  23,  1917,  Stats.  1917,  p.  879.] 

This  section  became  section  41  of  the  act  of  1917.     See  Act  2781. 

Time  for  complying  with  order. 

«  60.     [Repealed  May  23,  1917,  Stats.  1917,  p.  879.] 

This  section  became  section  42  of  the  act  of  1917.     See  Act  2781. 

May  investigate  unsafe  places. 

§  61.     [Repealed  May  23,  1917,  Stats.  1917,  p.  879.] 

This  section  became  section  43  of  the  act  of  1917.     See  Act  2781. 


Act  2106.  g§  <2-75  GBIVCRAL.  LAWS.  1094 

Duty  of  employer,  etc.,  to  comply  with  orders. 

$  62.     [Repealed  May  23,  1917,  Stats.  1917,  p.  879.] 

This  section  became  section  44  of  the  act  of  1917.     See  Act  2781. 

Review  of  orders  by  court. 

^  63.     [Repealed  May  23,  1917,  Stats.  1917,  p.  879.] 

This  section  became  section  45  of  the  act  of  1917.     See  Act  2781, 

County  and  city  authorities  not  deprived  of  power. 

$  64.     [Repealed  May  23,  1917,  Stats.  1917,  p.  879.] 

This  section  became  section  46  of  the  act  of  1917.     See  Act  2781. 

Further  powers,  etc. 

$  65.     [Repealed  May  23,  1917,  Stats.  1917,  p.  879.] 

This  section  became  section  47  of  the  act  of  1917.     See  Act  2781. 

Orders,  etc.,  as  evidence. 

$  66.     [Repealed  May  23,  1917,  Stats.  1917,  p.  879.] 

This  section  became  section  48  of  the  act  of  1917.     See  Act  2781. 

Penalty  for  not  compljdng  with  orders. 

•  5  67.     [Repealed  May  23,  1917,  Stats.  1917,  p.  879.] 

This  section  became  section  49  of  the  act  of  1917.     See  Act  2781. 

Separate  offenses. 

$  68.     [Repealed  May  23,  1917,  Stats.  1917,  p.  879.] 

This  section  became  section  50  of  the  act  of  1917.    See  Act  2781. 

Fines  paid  into  fund. 

$  69.     [Repealed  May  23,  1917,  Stats.  1917,  p.  879.] 

This  section  was  incorporated  in  section  51  of  the  act  of  1917,  Act  278L 

May  not  divulge  confidential  information. 

$  70.     [Repealed  May  23,  1917,  Stats,  1917,  p.  879.] 

This  section  became  section  52  of  the  act  of  1917.     See  Act  2781. 

Employer's  reports  of  accidents  to  employees,  etc. 

$71.     [Amended  June  3,  1915,  Stats,  1915,  p.  1099;  repealed  May  23,  1917,  Stats. 
1917,  p.  879.] 

This  section  became  section  53  of  the  act  of  1917.     See  Act  2781. 

Commission  to  investigate  all  industrial  accidents. 

§72.     [Amended  June  3,  1915,  Stats.  1915,  p.  1100;  repealed  May  23,  1917,  Stata. 
1917,  p.  879.] 

This  section  became  section  54  of  the  act  of  1917.     See  Act  2781. 

Proceedings  before  commission.    Orders  lawful. 

$  73.     [Repealed  May  23,  1917,  Stats.  1917,  p.  879.] 

This  section  became  section  55  of  the  act  of  1917.     See  Act  2781. 

Service  of  notice,  etc. 

$  74.     [Repealed  May  23,  1917,  Stats.  1917,  p.  879.] 

This  section  became  section  56  of  the  act  of  1917.     See  Act  2781. 

Further  powers,  etc. 

§75.     [Amended  June  3,  1915,  Stats.  1915,  p.  1100;  repealed  May  23,  1917,  Stat«. 
1917,  p.  879.] 

This  section  became  section  57  of  the  act  of  1917.     See  Act  2781. 


a 


1095  INDUSTRIAL,    ACCIDKNT    COMMISSION.  Act  2106,  gg  75a-88 

Controversies  over  injuries  suffered  outside  state. 

$  75a.     [New  section  added  June  3,  1915,  Stats.  1915,  p.  1101;  repealed  May  23,  1917, 
Stats.  1917,  p.  879.] 

This  section  became  section  58  of  the  act  of  1917.     See  Act  2781. 

Reference  of  cases. 

§  76.     [Amended  June  3,  1915,  Stats,  1915,  p.  1101;  repealed  May  23,  1917,  Stats. 
1917,  p.  879.] 

This  section  became  section  59   of  the  act  of  1917.     See  Act  2781. 

.  Rules  of  procedure  and  of  evidence,  etc. 

$  77.     [Amended  June  3,  1915,  Stats.  1915,  p.  1102;  repealed  May  23,  1917,  Stats. 
1917,  p.  879.] 

This   section   became  section    60  of  the   act  of  1917.     See  Act  2781, 

Power  to  administer  oaths,  issue  sulipoenas,  etc. 

$  78.     [Repealed  May  23,  1917,  Stats.  1917,  p.  879.] 

This  section  became  section  61  of  the  act  of  1917.     See  Act  27S1. 

Superior  court  may  compel  witnesses  to  attend.    Order  to  attend.    Remedy  ctunolativeu 

$  79.     [Repealed  May  23,  1917,  Stats.  1917,  p.  879.] 

This  section  became  section  62  of  the  act  of  1917.     See  Act  2781. 

Power  to  do  all  things  necessary. 

$  80.     [Repealed  May  23,  1917,  Stats.  1917,  p.  879.] 

This  section  became  section  63  of  the  act  of  1917.     See  Act  2781. 

Application  for  rehearing,  etc. 

^81.     [Amended  June  3,  1915,  Stats.  1915,  p.  1103;  repealed  May  23,  1917,  Stats. 
1917,  p.  879.] 

This  section   became   section   64   of  the  act   of   1917.     See  Act   2781. 

Time  and  grounds  for  rehearing  on  award,  etc. 

§  82.     [Repealed  May  23,  1917,  Stats.  1917,  p.  879.] 

This  section  became  section  65  of  the  act  of  1917.     See  Act  2781. 

Time  and  grounds  for  rehearing  on  other  order,  etc. 
i  83.     [Repealed  May  23,  1917,  Stats.  1917,  p.  879.] 

This  section  became  section  66  of  the  act  of  1917.     See  Act  2781. 

Appeal  to  Supreme  Court. 

$  84.     [Repealed  May  23,  1917,  Stats.  1917,  p.  879.] 

This  section  became  section  67  of  the  act  of  1917.     See  Act  2781. 

Suspension  of  order  during  rehearing. 

$  85.     [Repealed  May  23, 1917,  Stats.  1917,  p.  879.] 

This  section  became  section  68  of  the  act  of  1917.     See  Act  278L 

Act  liberally  construed. 

$  86.     [Repealed  May  23,  1917,  Stats.  1917,  p.  879.] 

This  section  became  section  69  of  the  act  of  1917.     See  Act  2781. 

Election  to  come  under  act,  etc. 

$  87.     [Repealed  May  23,  1917,  Stats.  1917,  p.  879.] 

This  section  became  section  70  of  the  act  of  1917.     See  Act  2781. 

Annual  report  to  governor. 

§  88.     The  commission  shall,  not  later  than  the  first  day  of  December  of  each  calendar 
year,  subsequent  to  the  year  1913,  make  a  report  to  the  governor  of  the  state  covering 


Ai't  ::iOOr.  §1  GENERAL   LAWS.  lOM 

its  entire  operations  and  proceedings  for  the  previous  fiscal  year,  with  such  suggestions 
or  recommendations  as  it  ma}'  deem  of  value  for  public  information.  Such  report  shall 
be  printed  and  a  copy  thereof  furnished  to  all  applicants  within  this  state. 

Appropriations. 

§  89.     The  sum  of  one  hundred  eighty-seven  thousand  four  hundred  seventy  dollars  is 

hereby  appropriated  out  of  any  money  in  the  state  treasury,  not  otherwise  appropriated, 

to  be  used  by  the  industrial  accident  commission  in  carrj'ing  out  the  purposes  of  this 

act,  and  the  controller  is  hereby  directed  to  draw  his  warrant  on  the  general  fund  from 

time  to  time  in  favor  of  said  industrial  accident  commission  for  the  amounts  expended 

under  its  direction,  and  the  treasurer  is  hereby  authorized  and  directed  to  pay  the  same.  * 

This  section  was  not  expressly  excepted  from  the  repeal  in  the  title  and  in  repealing 
section  71  of  the  repealing  act  of  1917,  as  were  all  the  other  retained  sections;  but  it  was 
not  repealed,  and,  although  obsolete,  is  inserted. 

Repeal  of  inconsistent  acts. 

^  90.     All  acts  or  parts  of  acts  inconsistent  with  this  act  are  hereby  repealed. 

Prior  injury. 

$  91.  The  compensation  provisions  of  this  act  shall  not  apply  to  any' injury  sustained 
prior  to  the  taking  effect  thereof. 

This  section  was  not  expressly  excepted  from  repeal  in  the  title  of  repealing  section  71 
of  the  repealing  act  of  1917,  as  were  all  other  retained  sections.  This  was  apparently  an 
oversight,  since  it  relates  to  the  compensation  provisions  of  law,  and  it  appears  in  sub- 
stantially identical  language  as  section  73  of  the  act  of  1917.     See  Act  2781, 

In  effect. 

$  92.  This  act  shall  take  effect  and  be  in  force  on  and  after  the  first  day  of  January, 
A.  D.  1914. 

Editor's  note:  The  notes  relating  to  the  dealing  in  detail  with  the  subject  of  em- 
constitutionality,  scope,  purpo.se  and  effect  ployer's  liability,  insurance  carriers,  com- 
of  the  legislation  on  the  subject  of  com-  pensation  and  death  benefits  are  collected 
pensation  for  industrial  accidents,  and  the  in  one  place  under  the  "workmen's  compen- 
jurisdiction,  and  procedure  of  the  commis-  sation,  insurance  and  safety  act  of  1917." 
Bion,    the   right   of  review,   as   well   as   those  — See   Act   2781. 

ACTIONS  AGAINST  INSURANCE  CARRIERS. 

ACT  2106a — An  act  relating  to  actions  against  an  insurance  carrier  when  the  insured 

person  is  insolvent  or  bankrupt,  or  without  property  sufficient  to  satisfy  execution 

on  account  of  loss  or  damage  insured  against,  and  requiring  policy  to  he  exhibited  in 

certain  cases. 

History:     Approved   May   21.   1919.    In   effect  July   22,   1919.     Stats. 
1919,  p.  776. 

Action  against  insurance  carrier  when  insured  is  insolvent.    Exhibit  of  policy. 

§  1.  No  policy  of  insurance  against  loss  or  damage  resulting  from  accident  to,  or 
injury  suffered  by  another  person  and  for  which  the  person  insured  is  liable  other  than 
a  policy  of  insurance  under  the  workmen's  compensation,  insurance  and  safety  act  of 
1917  or  any  subsequent  act  on  the  same  subject,  or,  against  loss  or  damage  to  property 
caused  by  horses  or  other  draught  animals  or  any  vehicle,  and  for  which  loss  or  damage 
the  person  insured  is  liable,  shall  be  issued  or  delivered  to  any  person  in  this  state  by 
any  domestic  or  foreign  insurance  company,  authorized  to  do  business  in  this  state, 
unless  there  shall  be  contained  within  such  policy  a  provision  that  the  insolvency  or 
bankruptcy  of  the  person  insured  shall  not  release  the  insurance  carrier  from  the  pay- 
ment of  damages  for  injury  sustained  or  loss  occasioned  during  the  life  of  such  policy 
and  stating  that  in  case  judgment  shall  be  secured  against  the  insured  in  an  action 
brought  by  the  injured  person  or  his  heirs  or  personal  representatives,  in  case  death 


d 


1087  INDUSTRIAL,     ACCIDENT    COMMISSION.  Act  2106b,  §§  1, 2 

resulted  from  the  accident,  then  an  action  may  be  brought  against  the  company,  on 
the  policy  and  subject  to  its  terms  and  limitations,  by  such  injured  person,  his  heirs 
or  personal  representatives  as  the  case  may  be,  to  recover  on  said  judgment.  Upon  any 
proceeding  supplementary  to  execution,  the  judgment  debtor  may  be  required  to  exhibit 
any  policy  carried  by  him  insuring  against  the  loss  or  damage  for  which  judgment  shall 
have  been  obtained. 

PROTECTION   OF  BENEFICIARIES   OF  WORKMEN'S   COMPENSATION 

INSURANCE  POLICIES. 
ACT  21061) — An  act  to  provide  for  the  protection  of  beneficiaries  of  workmen's  com- 
pensation insurance  policies  against  the  default  or  insolvency  of  insurance  carriers 
issuing  such  policies  by  requiring  such  carriers  to  provide  security  for  the  payment 
of  such  compensation. 

History:    Approved  May  9,  1917.  In  effect  July  27,  1917.   Stats.  1917, 
p.  292. 

Workmen's  compensation  insurance  carrier  to  file  bond. 

$  1.  Every  insurance  carrier,  except  the  state  compensation  insurance  fund,  trans- 
acting the  business  of  workmen's  compensation  insurance  in  this  state,  shall  on  the 
first  day  of  October,  A.  D.  1917,  file  in  the  office  of  the  insurance  commissioner  j)f  this 
state  a  bond  in  favor  of  said  insurance  commissioner  as  trustee  for  the  beneficiaries  of 
awards  of  compensation  rendered  by  the  industrial  accident  commission,  executed  by 
said  carrier  and  some  surety  company  or  companies  approved  by  said  insurance  crom- 
missioner  and  authorized  to  transact  the  business  of  suretyship  in  this  state.  Said 
bond  shall  be  in  an  amount  not  less  than  the  reserve  for  outstanding  losses  of  said 
insurance  carrier  on  compensation  insurance  in  this  state  on  December  31,  A.  D.  1916, 
calculated  as  prescribed  by  the  laws  of  this  state,  nor  for  more  than  double  the  amount 
of  said  reserve,  but  in  no  case  for  less  than  the  sum  of  one  hundred  thousand  dollars. 

Bond  to  provide  for  pajrment  of  awards  by  surety. 

$  2.  It  shall  be  provided  in  said  bond  that,  in  the  event  said  insurance  carrier  shall 
fail  to  pay  any  award  or  awards  which  shall  be  rendered  against  it  by  said  industrial 
accident  commission,  within  thirty  days  after  the  same  become  final,  the  said  surety 
will  forthwith  pay,  to  the  extent  of  its  liability  under  said  bond,  said  award  or  awards 
to  said  insurance  commissioner  as  trustee  for  said  beneficiaries.  Said  bond  shall  fur- 
ther provide  that,  if  said  insurance  carrier  shall  suspend  payment  or  become  insolvent 
or  a  receiver  shall  be  appointed  therefor,  the  said  surety  will  pay  said  awards,  to  the 
extent  of  its  liability  under  said  bond,  upon  the  expiration  of  thirty  days  after  the  same 
become  final,  without  regard  to  any  proceedings  for  the  liquidation  or  reinstatement  of 
said  insurance  carrier.  It  shall  be  further  provided  in  said  bond,  but  as  a  cumulative 
remedy  only,  that,  in  the  event  said  insurance  carrier  shall  fail  to  pay  any  award 
which  shall  be  rendered  against  it  by  said  industrial  accident  commission  within  thirty 
days  after  the  same  becomes  final,  an  award  may  be  rendered  by  said  commission 
against  said  suretj'^  and  in  favor  of  said  insurance  commissioner  as  trustee  for  the  bene- 
ficiary of  said  award  without  notice  to  said  surety  for  the  amount  of  the  unpaid  portion 
of  said  award  against  said  can*ier.  Said  industrial  accident  commission  is  hereby  vested 
with  the  same  full  power,  authority  and  jurisdiction  as  to  such  awards  against  said 
sureties  in  such  cases  as  it  has  over  said  insurance  carrier,  and  it  shall  issue  a  certified 
copy  thereof  upon  the  application  of  any  party  affected  thereby.  Said  party  may  file 
a  certified  copy  of  any  such  award  in  the  office  of  the  clerk  of  the  superior  court  of  any 
county  or  city  and  county  of  the  state  of  California,  and,  upon  the  filing  of  the  same, 
said  clerk  shall  immediately  enter  a  judgment  thereon  against  said  surety.  Said  certi- 
fied copy  of  said  award  and  said  judgment  shall  constitute  the  judgment  roll  and  shall 
conclusively  establish  the  liability  of  said  surety  without  any  additional  evidence  in 


Act  UlOOb,  g§  3-7  GENKRAL  LAWS.  1098 

any  and  all  proceedings  to  renew  said  judgment  or  to  enforce  the  payment  thereof. 
Said  bond  shall  provide  for  the  payment  of  all  legal  costs,  including  reasonable 
attorneys'  fees,  incurred  in  all  actions  or  proceedings  taken  to  enforce  payment  of 
said  bonds  or  payment  of  said  awards  or  said  judgments  against  said  surety.  No 
stay  of  execution  of  any  such  judgment  shall  be  granted  except  upon  the  order  of 
said  industrial  accident  commission.  Nothing  herein  contained  shall  operate  to 
enlarge  the  liability  of  said  surety  beyond  the  penal  sum  of  its  bond.  Payment  of 
awards  by  said  surety  aggregating  the  amount  of  its  bond  shall  constitute  a  full  dis- 
charge of  all  liability  under  said  bond. 

Filing  of  new  bond  each  year. 

^  3.  Every  such  insurance  carrier  shall  on  or  prior  to  the  first  day  of  July  of  the 
year  A.  D.  1918,  and  of  each  succeeding  year,  file  in  the  office  of  the  insurance  com- 
missioner of  this  state  a  new  bond  conditioned  as  aforesaid  in  an  amount  not  less  than 
the  amount  of  the  reserve  for  outstanding  losses  of  said  insurance  carrier  on  compen- 
sation insurance  in  this  state  on  the  thirty-first  day  of  the  month  of  December  of  the 
preceding  year,  as  shown  by  its  last  report  of  said  business  filed  in  the  office  of  said 
insurance  commissioner,  nor  for  more  than  double  the  amount  of  said  reserve,  but  in 
no  case  for  less  than  the  sum  of  one  hundred  thousand  dollars,  except  where  said  insur- 
ance carrier  has  ceased  to  do  such  business  in  this  state,  in  which  case  said  bond  shall 
l)e  fixed  by  said  insurance  commissioner  at  such  amount  as  he  may  deem  sufficient  for 
the  protection  of  the  beneficiaries  of  the  policies  of  such  insurance  caiTier.  UiDon  the 
filing  of  said  new  bond,  approved  as  herein  required,  and  not  until  such  filing  and 
approval,  all  liability  under  the  previous  bond  shall  thereby  terminate.  Said  new  bond 
shall  embrace  the  entire  liability  of  said  previous  bond  except  in  so  far  as  the  same 
may  have  been  paid  or  discharged. 

Financial  ability  of  surety. 

^  4.  Said  insurance  commissioner  shall,  before  approving  any  such  bond,  satisfy  him- 
self of  the  financial  ability  of  the  surety  to  assume  the  obligations  imposed  thereby,  and 
no  company  shall  be  accepted  by  him  as  surety  which  shall  have  assumed  obligations 
in  excess  of  the  limits  prescribed  by  standards  of  suretyship  recognized  as  reasonable 
and  proper  and  which  it  shall  be  the  duty  of  said  commissioner  to  promulgate  for  uni- 
form application  in  such  cases. 

No  authorization  Issued  until  bond  filed. 

§  5.  No  authorization  shall  be  issued  or  renewed  to  any  insurance  carrier  to  transact 
the  business  of  workmen's  compensation  insurance  in  this  state,  until  it  has  filed  said 
bond  with  the  insurance  commissioner  and  the  same  has  been  approved  by  him.  It 
shall  be  the  duty  of  the  insurance  commissioner  to  notify  the  industrial  accident  com- 
mission of  the  approval  and  filing  of  every  bond  given  pursuant  to  the  provisions  of 
this  act. 

Additional  bond. 

§  6.  The  insurance  commissioner  shall  have  the  right,  and  it  shall  be  his  duty,  to 
reqiiire  any  such  insurance  carrier  at  any  time  to  file  an  additional  bond,  conditioned  as 
aforesaid,  if  the  amount  of  the  bond  then  on  file  is  in  his  judgment  insufficient  to  cover 
the  liability  of  said  insurance  carrier  for  said  compensation,  or  if  the  surety  on  said 
bond  has  become  insufficient  in  the  judgment  of  the  said  commissioner. 

Liability  of  two  or  more  sureties. 

§  7.  Two  or  more  surety  companies  may  be  accepted  as  sureties  on  said  bond,  or 
separate  bonds  may  be  executed  by  different  sureties  for  amounts  aggregating  the  sum 
specified  by  the  said  commissioner.  In  such  cases  each  of  said  sureties  shall  be  jointly 
and  severally  liable  to  the  extent  of  the  amount  of  the  liability  assumed  by  it. 


J009  INDUSTRIAL     ACCIDENT     COMMISSION.  Act  2106b.  §§  8-12 

Lialiility  of  sureties. 

$  8.  The  liability  of  the  sureties  under  the  bonds  hereby  required  to  be  given  shall 
be  the  entire  liability  of  the  principals  named  therein,  not  exceeding  the  amount  of  said 
bonds  or  the  limit  of  the  liability  assumed  by  anj'  such  surety,  for  the  payment  of 
awards  of  compensation  rendered  or  to  be  rendered  against  said  principals  by  said 
industrial  accident  commission  under  the  terms  of  the  workmen's  compensation  insur- 
ance and  safety  act  and  acts  amendatory  thereof  and  supplementary  thereto,  without 
regard  to  the  time  when  the  injury  upon  which  an  award  was  based  may  have  occurred, 
but  said  bond  shall  not  include  any  other  liability  of  said  carrier  nor  shall  any  payment 
made  under  any  such  bond  by  said  §urety  be  applied  otherwise  than  in  satisfaction  of 
awards  of  compensation  rendered  by  said  industrial  accident  commission. 

Insurance  commissioner  may  act  as  trustee. 

$  9.  Full  power  and  authority  is  hereby  conferred  upon  said  insurance  commissioner 
to  act  as  trustee  for  all  beneficiaries  under  awards  rendered  by  said  industrial  accident 
commission,  and  he  may  take  assignments  in  his  own  name  as  trustee  and  as  such  he 
shall  have  the  authority  to  institute  and  maintain  actions  against  said  sureties,  and, 
upon  the  collection  by  him  by  suit  or  otherwise  of  the  amount  of  said  awards,  he  shall 
pay  the  same  to  the  parties  entitled  thereto.  The  payment  of  any  such  award  or  part 
thereof  by  said  insurance  commissioner  shall  constitute  a  satisfaction  thereof  to  the 
extent  of  the  payment  made  and,  in  the  event  any  judgment  shall  have  been  entered 
on  any  such  award,  the  said  commissioner  shall  file  a  satisfaction  thereof,  to  the 
extent  of  said  payment,  in  the  office  of  the  clerk  of  the  court  wherein  such  judgment 
has  been  entered. 

Right  of  surety  to  require  new  bond  of  principal 

^  10.  Any  such  surety  shall  have  the  right  to  require  the  principal  on  its  bond,  on 
thirty  days'  notice,  to  furnish  a  new  bond,  to  be  approved  by  the  insurance  commis- 
sioner as  in  other  cases,  and,  in  the  event  of  a  failure  to  do  so,  said  principal  shall 
forfeit  the  right  to  continue  to  issue  compensation  policies  in  this  state. 

Deposit  of  security  with  state  treasurer. 

^  11.  Any  compensation  insurance  carrier  may,  in  lieu  of  said  bond  and  subject  to 
the  same  conditions,  deposit  with  the  state  treasurer,  through  the  insurance  commis- 
sioner, from  time  to  time  as  may  be  demanded  by  said  commissioner,  cash  or  approved 
interest-bearing  securities  readily  convertible  into  cash,  equal  to  the  reserves  for  out- 
standing losses  required  by  section  six  hundred  two  (a)  of  the  Political  Code  at  the 
time  of  said  deposit,  on  the  compensation  business  of  said  carrier  in  the  state  of  Cali- 
fornia, calculated  as  hereinbefore  provided,  as  security  for  the  payment  of  its  obliga- 
tions on  said  business  done  in  this  state,  and  said  deposit  shall  not  be  withdrawn  except 
upon  the  written  order  of  the  insurance  commissioner  in  payment  of  compensation 
claims,  but  shall  be  forthwith  payable  by  the  state  treasurer  to  the  insurance  com- 
missioner upon  such  order;  provided,  that  any  such  deposit,  or  any  remainder  thereof, 
may  be  repaid  to  such  carrier  upon  satisfactory  showing  to  the  insurance  commissioner 
that  every  liability  to  pay  compensation  shall  have  been  reinsured  with  a  solvent  car- 
rier or  fully  paid  and  discharged.  Said  deposit  shall  be  used  only  for  the  payment  of 
compensation  claims  so  long  as  there  shall  remain  unpaid  any  such  claim  or  any  part 
thereof. 

Revocation  of  certificate. 

§  12.  The  insurance  commissioner  shall  have  power  to  revoke  the  certificate  of 
authority  to  transact  compensation  insurance  business  in  this  state  of  any  insurance 
carrier  failing  to  comply  with  the  requirements  of  this  act. 


Act  2107,  e§  1-3  GBNKRAL.   LA^VS.  1100 

CHAPTER  161. 

INDUSTRIAL  LOAN  COMPANIES. 
See  tit.  "Corporations." 

INDUSTRIAL  WELFARE  COMMISSION. 

References:   See,    generally,    tits.    "Hours    of    Labor";    "Labor    Bureau";    "Master    and 
Servant." 

CONTENTS  OF  CHAPTER. 

ACT  2107.     Industrial  Welfare  Commission  Act. 

INDUSTRIAL  WELFARE  COMMISSION  ACT. 
ACT  2107 — An  act  regulating  the  employment  of  women  and  minors  and  establishing 
an  industrial  welfare  commission  to  investigate  and  deal  with  such  emplojnnent,  in- 
cluding a  minimum  wage;  providing  for   an   appropriation  therefor  and  fixing  a 
penalty  for  violations  of  this  act. 

History:  Approved  May  26,  1913.  In  effect  August  8,  1913.  Stats. 
1913,  p.  632.  Amended  May  29,  1915,  In  effect  August  8.  1915.  Stats. 
1915,  p.  950;  May  5,  1919,  In  effect  July  22,  1919,  Stats.  1919,  p.  302. 

Industrial  welfare  commission  established. 

$  1.  There  is  hereby  established  a  commission  to  be  known  as  the  industrial  welfare 
commission,  hereinafter  called  the  commission.  Said  commission  shall  be  composed  of 
five  persons,  at  least  one  of  whom  shall  be  a  woman,  and  all  of  whom  shall  be  appointed 
by  the  governor  as  follows :  two  for  the  term  of  one  year,  one  for  the  term  of  two  years, 
one  for  the  term  of  three  years,  and  one  for  the  term  of  four  years;  provided,  however, 
that  at  the  expiration  of  their  respective  terms,  their  successors  shall  be  appointed  to 
serve  a  full  term  of  four  years.  Any  vacancies  shall  be  similarly  filled  for  the  unexpired 
portion  of  the  term  in  which  the  vacancy  shall  occur.  Three  members  of  the  commis- 
sion shall  constitute  a  quorum.  A  vacancy  on  the  commission  shall  not  impair  the  right 
of  the  remaining  members  to  perform  all  the  duties  and  exercise  all  the  powers  and 
authority  of  the  commission. 

Compensation.    Secretary. 

$  2.  The  members  of  said  commission  shall  draw  no  salaries  but  all  of  said  members 
shall  be  allowed  ten  dollars  per  diem  while  engaged  in  the  performance  of  their  official 
duties.  The  commission  may  employ  a  secretary,  and  such  expert,  clerical  and  other 
assistants  as  may  be  necessarj'  to  carry  out  the  purposes  of  this  act,  and  shall  fix  the 
compensation  of  such  emploj^ees,  and  may,  also,  to  cairy  out  such  purposes,  incur  rea- 
sonable and  necessary  office  and  other  expenses,  including  the  necessary  traveling 
expenses  of  the  members  of  the  commission,  of  its  secretary,  of  its  experts,  and  of  its 
clerks  and  other  assistants  and  employees.  All  employees  of  the  commission  shall  hold 
office  at  the  pleasure  of  the  commission. 

Duties. 

^  3.  (a)  It  shall  be  the  duty  of  the  commission  to  ascertain  the  wages  paid,  the  hours 
and  conditions  of  labor  and  employment  in  the  various  occupations,  trades,  and  indus- 
tries in  which  women  and  minors  are  employed  in  the  state  of  California,  and  to  make 
investigations  into  the  comfort,  health,  safety  and  welfare  of  such  women  and  minors. 

Information  to  be  furnished  commission. 

(b)  It  shall  be  the  duty  of  every  person,  firm  or  corporation  employing  labor  in  this 
state: 

1.  To  furnish  to  the  commission,  at  its  request,  any  and  all  reports  or  information 
which  the  commission  may  require  to  carry  out  the  purposes  of  this  act,  such  reports 


1101  INDUSTRIAL  WELFARE  COMMISSION.  Act  2107,  §8  3 ^^-5 

and  information  to  be  verified  by  the  oath  of  the  person,  or  a  member  of  the  firm,  or 
the  president,  secretary,  or  manager  of  the  corporation  furnishing  the  same,  if  and  when 
so  requested  by  the  commission  or  any  member  thereof. 

2.  To  allow  any  member  of  the  commission,  or  its  secretary,  or  any  of  its  duly  author- 
ized experts  or  employees,  free  access  to  the  place  of  business  or  employment  of  such 
person,  firm,  or  corporation,  for  the  purpose  of  making  any  investigation  authorized  by 
this  act,  or  to  make  inspection  of,  or  excerpts  from,  all  books,  reports,  contracts,  pay 
rolls,  documents,  or  papers,  of  such  person,  firm  or  corporation  relating  to  the  employ- 
ment of  labor  and  payment  therefor  by  such  person,  firm  or  corporation. 

3.  To  keep  a  register  of  the  names,  ages,  and  residence  addresses  of  all  women  and 
minors  employed. 

Minor  defined. 

(c)  For  the  purposes  of  this  act,  a  minor  is  defined  to  be  a  person  of  either  sex  under 
the  age  of  eighteen  years. 

Power  to  issue  subpoenas,  etc. 

§  3I/2.  Any  member  of  the  commission  or  deputies  duly  authorized  by  it  in  writing, 
shall  have  the  power  and  authority  to  issue  subpoenas  to  compel  the  attendance  of  wit- 
nesses or  parties  and  the  production  of  books,  papers,  pay  rolls  or  records,  and  to 
administer  oaths  and  to  examine  witnesses  under  oaths  and  to  take  the  verification  or 
proof  of  instruments  of  writing,  and  to  take  depositions  and  affidavits  for  the  purpose 
of  carrying  out  the  provisions  of  this  act,  or  any  of  its  orders,  rules  or  regulations ;  pro- 
vided, that  no  witness  shall  be  compelled  to  attend  on  said  commission  outside  of  the 
county  in  which  said  witness  resides  or  at  a  distance  greater  than  fifty  miles  from  his 
place  of  residence. 

Obedience  to  subpoenas  issued  by  the  commission  or  its  duly  authorized  representa- 
tives shall  be  enforced  in  the  superior  courts  of  the  county  or  city  and  county  in  which 
the  subpoenas  were  issued.  [New  section  added  May  5,  1919.  In  effect  July  22,  1919, 
Stats.  1919,  p.  302.] 

Public  hearings. 

ft  4.  The  commission  may  specify  times  to  hold  public  hearings,  at  which  times,  em- 
ployers, employees,  or  other  interested  persons,  may  appear  and  give  testimony  as  to 
the  matter  under  consideration.  The  commission  or  any  member  thereof  shall  have 
power  to  subpoena  Avitnesses  and  to  administer  oaths.  All  witnesses  subpoenaed  by 
the  commission  shall  be  paid  the  fees  and  mileage  fixed  by  law  in  civil  cases.  In  case 
of  failure  on  the  part  of  any  person  to  comply  with  any  order  of  the  commission  or 
any  member  thereof,  or  any  subpoena,  or  u^Don  the  refusal  of  any  witness  to  testify  to 
any  matter  regarding  which  he  may  lawfully  be  interrogated  before  any  wage  board  or 
the  commission,  it  shall  be  the  duty  of  the  superior  court  or  the  judge  thereof,  on  the 
application  of  a  member  of  the  commission,  to  compel  obedience  in  the  same  manner, 
by  contempt  proceedings  or  otherwise,  that  such  obedience  would  be  compelled  in  a  pro- 
ceeding pending  before  said  court.  The  commission  shall  have  power  to  make  and 
enforce  reasonable  and  proper  rules  of  practice  and  procedure  and  shall  not  be  bound 
by  the  technical  rules  of  evidence. 

Conference  of  "wage  board."    Compensation.    Report  of  wage  board. 

$  5.  If,  after  investigation,  the  commission  is  of  the  opinion  that,  in  any  occupation, 
trade,  or  industry',  the  wages  paid  to  women  and  minors  are  inadequate  to  supply  the 
cost  of  proper  living,  or  the  hours  or  conditions  of  labor  are  prejudicial  to  the  health, 
morals  or  welfare  of  the  workers,  the  commission  may  call  a  conference,  hereinafter 
called  "wage  board,"  composed  of  an  equal  number  of  representatives  of  employers 
and  employees  in  the  occupation,  trade,  or  industry  in  question,  and  a  representative 


Act  2107,  e  6  GENERAL  LAWS.  1102 

of  the  commission  to  be  designated  by  it,  who  shall  act  as  the  chairman  of  the  wage 
board.  The  members  of  such  wage  board  shall  be  allowed  five  dollars  per  diem  and 
necessary  traveling  expenses  while  engaged  in  such  conferences.  The  commission  shall 
make  rules  and  regulations  governing  the  number  and  selection  of  the  members  and  the 
mode  of  procedure  of  such  wage  board,  and  shall  exercise  exclusive  jurisdiction  over  all 
questions  arising  as  to  the  validity  of  the  procedure  and  of  the  recommendations  of  such 
wage  board.  The  proceedings  and  deliberations  of  such  wage  board  shall  be  made  a 
matter  of  record  for  the  use  of  the  commission,  and  shall  be  admissible  as  evidence  in 
any  proceedings  before  the  commission.  On  request  of  the  commission,  it  shall  be  the 
duty  of  such  wage  board  to  report  to  the  commission  its  findings,  including  therein: 

1.  An  estimate  of  the  minimum  wage  adequate  to  supply  to  women  and  minors 
engaged  in  the  occupation,  trade  or  industry  in  question,  the  necessary  cost  of  proper 
living  and  to  maintain  the  health  and  welfare  of  such  women  and  minors. 

2.  The  number  of  hours  of  work  per  day  in  the  occupation,  trade  or  industry  in  ques- 
tion, consistent  with  the  health  and  welfare  of  such  women  and  minors. 

3.  The  standard  conditions  of  labor  in  the  occupation,  trade  or  industry  in  question, 
demanded  by  the  health  and  welfare  of  such  women  and  minors. 

Power  to  fix  wages,  hours,  etc.    Notice  of  hearing. 

§  6.  (a)  The  commission  shall  have  further  power  after  a  public  hearing  had  upon 
its  own  motion  or  upon  petition,  to  fix: 

1.  A  minimum  wage  to  be  paid  to  women  and  minors  engaged  in  any  occupation, 
trade  or  industry  in  this  state,  which  shall  not  be  less  than  a  wage  adequate  to  supply 
to  such  women  and  minors  the  necessary  cost  of  proper  living  and  to  maintain  the 
health  and  welfare  of  such  women  and  minors. 

2.  The  maximum  hours  of  work  consistent  with  the  health  and  welfare  of  women  and 
minors  engaged  in  any  occupation,  trade  or  industry  in  this  state;  provided,  that  the 
hours  so  fixed  shall  not  be  more  than  the  maximum  now  or  hereafter  fixed  by  law. 

3.  The  standard  conditions  of  labor  demanded  by  the  health  and  welfare  of  the 
women  and  minors  engaged  in  any  occupation,  trade  or  industry  in  this  state. 

(b)  Upon  the  fixing  of  the  time  and  place  for  the  holding  of  a  hearing  for  the  pur- 
pose of  considering  and  acting  upon  any  matters  referred  to  it  in  subsection  (a)  hereof, 
the  commission  shall  give  public  notice  by  advertisement  in  at  least  one  newspaper  pub- 
lished in  each  of  the  cities  of  Los  Angeles,  Oakland,  and  Sacramento,  and  in  the  city 
and  county  of  San  Francisco,  and  shall  give  due  notice  in  at  least  one  newspaper  pub- 
lished in  each  of  the  cities  of  Fresno,  Eureka,  San  Diego,  Long  Beach,  Alameda,  Berke- 
ley and  Stockton,  and  by  mailing  a  copy  of  said  notice  to  the  county  recorder  of  each 
county  in  the  state  to  be  posted  at  the  court  house  of  each  county,  or  city  and  county, 
and  to  each  association  of  employers  or  employees  of  fifteen  or  more  members  within 
the  state  of  California  which  shall  file  with  the  commission  a  written  request  for  such 
notice  of  such  hearing  and  purpose  thereof;  which  notice  shall  state  the  time  and  place 
fixed  for  such  hearing,  which  shall  not  be  earlier  than  fourteen  days  from  the  date  of 
publication  and  mailing  of  such  notices. 

Mandatory  order  specifsring  wages.    Notice  to  employer. 

(c)  After  such  public  hearing,  the  commission  may,  in  its  discretion,  make  a  manda- 
tory order  to  be  effective  in  sixty  days  from  the  making  of  such  order,  specifying  the 
minimum  wage  for  women  or  minors  in  the  occupation  in  question,  and  the  maximum 
hours'  provided,  that  the  hours  specified  shall  not  be  more  than  the  maximum  for 
women  or  minors  in  California,  and  the  standard  conditions  of  labor  for  said  women  or 
minors;  provided,  however,  that  no  such  order  shall  become  effective  until  after  April  1, 
1914.  Such  order  shall  be  published  in  at  least  one  newspaper  in  each  of  the  cities  of 
Los  Ano-eles  and  Sacramento  and  in  the  city  and  county  of  San  Francisco,  and  a  copy 


1103  INDUSTRIAL    AVE^LFARE]    COMMISSION^.  Act  2107,  §§  7-11 

thereof  be  mailed  to  the  county  recorder  of  each  county  in  the  state,  and  such  copy  shall 
be  filed  without  charge.  The  industrial  welfare  commission  shall  send  by  mail,  so  far 
as  practicable,  to  each  employer  in  the  occupation  in  question,  a  copy  of  the  order,  and 
each  employer  shall  be  required  to  post  a  copy  of  such  order  in  the  building  in  which 
women  or  minors  affected  by  the  order  are  employed.  Failure  to  mail  notice  to  the 
employer  shall  not  relieve  the  employer  from  the  duty  to  comply  with  such  order.  Find- 
ing by  the  commission  that  there  has  been  such  publication  and  mailing  to  county 
recorders  shall  be  conclusive  as  to  service.  [Amendment  of  May  5,  1919.  In  effect 
July  22, 1919,  Stats.  1919,  p.  303.] 

Order  may  be  rescinded  or  amended. 

§  7.  Whenever  wages,  or  hours,  or  conditions  of  labor  have  been  so  made  mandatory 
in  any  occupation,  trade,  or  industry,  the  commission  may  at  any  time  in  its  discretion, 
upon  its  own  motion  or  upon  petition  of  either  employers  or  employees,  after  a  public 
hearing  held  upon  the  notice  prescribed  for  an  original  hearing,  rescind,  alter  or  amend 
any  prior  order.  Any  order  rescinding  a  prior  order  shall  have  the  same  effect  as 
herein  provided  for  in  an  original  order. 

License  for  emplojrment  for  less  than  minimnm  wage. 

§  8.  (a)  For  any  occupation  in  which  a  minimum  wage  has  been  established,  the 
commission  may  issue  to  a  woman  physically  defective  by  age  or  otherwise,  a  special 
license  authorizing  the  employment  of  such  licensee,  for  a  period  of  six  months,  for  a 
wage  less  than  such  legal  minimum  wage;  and  the  commission  shall  fix  a  special  mini- 
mum wage  for  such  person.  Any  such  license  may  be  renewed  for  like  periods  of 
six  months. 

License  for  apprentices. 

(b)  For  any  occupation  in  which  a  minimum  wage  has  been  established,  the  com- 
mission may  issue  to  an  apprentice  or  learner,  a  special  license  authorizing  the  employ- 
ment of  such  apprentice  or  learner,  for  such  time  and  under  such  conditions  as  the  com- 
mission may  determine  at  a  wage  less  than  such  legal  minimum  wage;  and  the  commis- 
sion shall  fix  a  special  wage  for  such  apprentice  or  learner. 

(c)  The  commission  may  fix  the  maximum  number  of  women,  and  minors  under 
eighteen  years  of  age,  to  be  employed  under  the  licenses  provided  for  in  subdivisions 
(a)  and  (b)  of  this  section  in  any  occupation,  trade,  industry  or  establishment  in  which 
a  minimum  wage  has  been  established.  [Amendment  of  May  29,  1915.  In  effect  Au- 
gust 8,  1915,  Stats.  1915,  p.  950.] 

Statistics. 

$  9.  Upon  the  request  of  the  commission,  the  labor  commissioner  shall  cause  such  sta- 
tistics and  other  data  and  information  to  be  gathered,  and  investigations  made,  as  the 
commission  may  require.  The  cost  thereof  shall  be  paid  out  of  the  appropriations  made 
for  the  expenses  of  the  commission. 

Discharging  employee  who  testifies,  misdemeanor. 

§  10.  Any  employer  who  discharges,  or  threatens  to  discharge,  or  in  any  other  man- 
ner discriminates  against  any  employee  because  such  employee  has  testified  or  is  about 
to  testify,  or  because  such  employer  believes  that  said  employee  may  testify  in  any 
investigation  or  proceedings  relative  to  the  enforcement  of  this  act,  shall  be  deemed 
guilty  of  a  misdemeanor. 

Payment  of  less  than  minimnm  wage,  unlawful.    Penalty. 

$  11.  The  minimum  wage  for  women  and  minors  fixed  by  said  commission  as  in  this 
act  provided,  shall  be  the  minimum  wage  to  be  paid  to  such  employees,  and  the  payment 


Act  2107,  g§  lib,  12  GENERAL  I>AWS.  1104 

to  such  employees  of  a  less  wage  than  the  minimum  so  fixed  shall  be  unlawful,  and 
every  employer  or  other  person  who,  either  individually  or  as  an  officer,  agent,  or  em- 
ployee of  a  corporation  or  other  person,  paj-s  or  causes  to  be  paid  to  any  such  employee 
a  wage  less  than  such  minimum,  sliall  be  guilty  of  a  misdemeanor,  and  iipon  conviction 
thereof  shall  be  punished  by  a  fine  of  not  less  than  fifty  dollars,  or  by  imprisonment 
for  not  less  than  thirty  days,  or  by  both  such  fine  and  imprisonment;  and  every  em- 
ployer or  other  person  who,  either  individually  or  as  an  officer,  agent  or  employee  of  a 
corporation,  or  other  persons,  violates  or  refuses  or  neglects  to  comply  with  the  pro- 
visions of  this  act,  or  any  orders  or  rulings  of  this  commission,  shall  be  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof  be  punished  by  a  fine  of  not  less  than  fifty 
dollars,  or  by  imprisonment  for  not  less  than  thirty  days,  or  by  both  such  fine  and 
imprisonment.  [Amendment  of  May  29,  1915.  In  effect  August  8,  1915,  Stats.  1915, 
p.  950.] 

Enforcement. 

$  lib.  It  shall  be  the  duty  of  the  industrial  welfare  commission  to  enforce  the  pro- 
visions of  this  act  and  compliance  with  its  orders,  rules  and  regulations.  Full  power 
and  authority  is  hereby  vested  in  the  commission  to  take  such  action  as  may  be  deemed 
essential  for  such  purposes.  [New  section  added  May  5,  1919.  In  effect  July  22,  1919, 
Stats.  1919,  p.  304.] 

Prosecution.  Findings  of  fact  conclusive.  Complaint  served  with  summons.  Hearing. 
^  12.  In  every  prosecution  for  violation  of  any  provision  of  this  act,  the  minimum 
wage,  the  maximum  hours  of  work  and  the  standard  conditions  of  labor  fixed  by  the 
commission  as  herein  provided,  shall  be  prima  facie  presumed  to  be  reasonable  and 
lawful,  and  to  be  the  living  wage,  the  maximum  hours  of  work  and  standard  conditions 
of  labor  required  herein.  The  findings  of  fact  made  by  the  commission  acting  within 
its  powers  shall,  in  the  absence  of  fraud,  be  conclusive;  and  the  determination  made 
by  the  commission  shall  be  subject  to  review  only  in  a  manner  and  upon  the  gfrounds 
following:  Within  twenty  days  from  the  date  of  the  determination,  any  party 
aggrieved  thereby  may  commence  in  the  superior  court  in  and  for  the  city  and  county 
of  San  Francisco,  or  in  and  for  the  counties  of  Los  Angeles  or  Sacramento,  an  action 
against  the  commission  for  review  of  such  determination.  In  such  action  a  complaint, 
which  shall  state  the  grounds  upon  which  a  review  is  sought,  shall  be  served  with  the 
summons.  Service  upon  the  secretary  of  the  commission,  or  any  member  of  the  com- 
mission, shall  be  deemed  a  complete  service.  The  commission  shall  serve  its  answer 
within  twenty'  days  after  the  service  of  the  complaint.  With  its  answer,  the  commis- 
sion shall  make  a  return  to  the  court  of  all  documents  and  papers  on  file  in  the  matter, 
and  of  all  testimony  and  evidence  which  may  have  been  taken  before  it,  and  of  its 
findings  and  the  determination.  The  action  may  thereupon  be  brought  on  for  hearing 
before  the  court  upon  such  record  by  either  party  on  ten  days'  notice  of  the  other.  Upon 
such  hearing,  the  court  may  confirm  or  set  aside  such  determination ;  but  the  same  shall 
be  set  aside  only  upon  the  following  grounds : 

(1)  That  the  commission  acted  without  or  in  excess  of  its  powers. 

(2)  That  the  determination  was  procured  by  fraud. 

Controversy  recommitted. 

Upon  the  setting  aside  of  any  determination  the  court  may  recommit  the  controversy 
and  remand  the  record  in  the  case  to  the  commission  for  further  proceedings.  The  com- 
mission, or  any  party  aggrieved,  by  a  decree  entered  upon  the  review  of  a  determina- 
tion, may  appeal  therefrom  within  the  time  and  in  the  manner  provided  for  an  appeal 
from  the  orders  of  the  said  superior  court.  [Amendment  of  May  25,  1915.  In  effect 
August  8,  1915,  Stats.  1915,  p.  951.] 


J 


1105  INDUSTRIAL.    WELFARE    COMMISSION.  Act  2107,  g§  13-19 

Employee  may  sue  for  unpaid  balance. 

§  13.  Any  employee  receiving  less  than  the  legal  minimum  wage  applicable  to  such 
employee  shall  be  entitled  to  recover  in  civil  action  the  unpaid  balance  of  the  full 
amount  of  such  minimum  wage,  together  with  costs  of  suit,  notwithstanding  any  agree- 
ment to  work  for  such  lesser  wage. 

Complaints. 

§  14.  Any  person  may  register  with  the  commission  a  complaint  that  the  wages 
paid  to  an  employee  for  whom  a  living  rate  has  been  established,  are  less  than  that 
rate,  and  the  commission  shall  investigate  the  matter  and  take  all  proceedings  necessary 
to  enforce  the  payment  of  a  wage  not  less  than  the  living  wage. 

Biennial  report. 

§  15.  The  commission  shall  biennially  make  a  report  to  the  governor  and  the  state 
legislature  of  its  investigations  and  proceedings. 

Appropriation. 

§  16.  There  is  hereby  appropriated  annually  out  of  the  moneys  of  the  state  treasury, 
not  otherwise  appropriated,  the  sum  of  fifteen  thousand  dollars,  to  be  used  by  the  com- 
mission in  carrying  out  the  provisions  of  this  act,  and  the  controller  is  hereby  directed 
from  time  to  time  to  draw  his  warrants  on  the  general  fund  in  favor  of  the  commission 
for  the  amounts  expended  under  its  direction,  and  the  treasurer  is  hereby  authorized 
and  directed  to  pay  the  same. 

Not  board  of  arbitration. 

$  17.  The  commission  shall  not  act  as  a  board  of  arbitration  during  a  strike  or 
lock-out. 

Interpretation  of  act.    Constitutionality. 

^  18.  (a)  Whenever  this  act,  or  any  part  or  section  thereof,  is  interpreted  by  a 
court,  it  shall  be  liberally  construed  by  such  court. 

(b)  If  any  section,  subsection,  or  subdivision  of  this  act  is  for  any  reason  held  to  be 
unconstitutional,  such  decision  shall  not  affect  the  validity  of  the  remaining  portions 
of  this  act.  The  legislature  hereby  declares  that  it  would  have  passed  this  act,  and 
each  section,  subsection,  subdivision,  sentence,  clause  and  phrase  thereof;  irrespective 
of  the  fact  that  any  one  or  more  sections,  subsections,  subdivisions,  sentences,  clauses 
or  phrases  is  declared  unconstitutionaL 

Act  applies  to  all  occupations. 

§  19.  The  provisions  of  this  act  shall  apply  to  and  include  women  and  minors  em- 
ployed in  any  occupation,  trade  or  industry,  and  whose  compensation  for  labor  is 
measured  by  time,  piece  or  otherwise. 


Gen.  Laws — 70 


Act  2110.. §g  1-3  GENERAL  LAWS.  1106 

CHAPTER  162. 

INFANTS. 

References;   See,  generally,  tits.  "Juvenile  Court";  "Orphan  Asylums";  "Preston  School 

of  Industry";  "Whittier  State  School." 
Abandonment  and  neglect  of,  see  Kerr's  Cyc.  Penal  Code,  §§  270,  et  seq. 
Abduction  of,  see  Kerr's  Cyc.  Penal  Code,  §  267. 

Care  and  custody  of  minor  children,  see  Kerr's  Cyc.  Civil  Code,  §§  198,  199. 
Child  stealing,  see  Kerr's  Cyc.  Penal  Code,  §  278. 

Contract  rights  and  obligations,  see  Kerr's  Cyc.  Citil  Code,  §§  33,  34,  1556,  1557. 
Crimes  against  children,  see  Kerr's  Cyc.  Penal  Code,  §  288. 
Cruelty  to  children,  see  Kerr's  Cyc.  Penal  Code,  §  273a. 

Employment  of  children  in  places  of  amusement,  see  Kerr's  Cyc.  Penal  Code,  §  272. 
Entering  saloons,  etc.,  see  Kerr's  Cyc.  Penal  Code,  §§  273e,  273f ;   Kerr's  Cyc.  Civil 

Code,  §  G07g. 
Guardianship,  etc.,  see  Kerr's  Cyc.  Code  Civil  Procedure,  §§  1747,  et  seq. 
Parent  and  child,  see  Kerr's  Cyc.  Civil  Code,  §§  193,  et  seq. 
Placing  of  infants  under  sixteen  in  prison,  see  Kerr's  Cyc.  Penal  Code,  §  273b. 
Rape  of  female  infant,  see  Kerr's  Cyc.  Penal  Code,  §  261. 
Sale  of  intoxicating  liquors  to,  see  Kerr's  Cyc.  Penal  Code,  §  397b. 
Societies  for  the   prevention   of  cruelty   to  children,   see   Kerr's   Cyc.   Civil   Code, 

§§  607,  et  seq. 

CONTENTS  OF  CHAPTER. 

ACT  2110.     Attending    Pkize-Fights    and    Cock-Fights. 
2113.     Child  Labor  Law  of  1905. 
2113a.  Child  Labor  Law  of  1919. 
2115.     Minors  Under  Eighteen — Engaging  in  Business  at  Night. 

ATTENDING  PRIZE-FIGHTS  AND  COCK-FIGHTS. 
ACT  2110 — An  act  to  prevent  any  minor  under  the  age  of  eighteen  years  visiting  any 
prize-fight,  cock-fight,  or  place  where  any  prize-fight  or  cock-fight  is  advertised  or 
represented  to  take  place  and  to  provide  a  punishment  therefor. 

History:    Approved  April  17,  1909,  Stats.  1909,  p.  983. 

Minors  under  sixteen  shall  not  visit  prize-fights  or  cock-fights. 

§  1.  It  shall  be  unlawful  for  any  minor  under  the  age  of  sixteen  years  to  visit  or 
attend  any  prize-fight,  cock-fight,  or  place  where  any  prize-fight,  coek-fight,  or  place 
where  any  prize-fight  or  cock-fight  is  advertised  to  take  place. 

Minors  under  eighteen  not  to  he  admitted. 

$  2.  It  shall  be  unlawful  for  the  owner,  lessee  or  proprietor,  or  the  agent  of  any 
owner,  lessee  or  proprietor  of  any  place  where  any  prize-fight  or  cock-fight  is  adver- 
tised or  represented  to  take  place  to  admit  any  minor  under  the  age  of  eighteen  years 
to  such  a  place  where  any  prize-fight  or  cock-fight  is  advertised  or  represented  to  take 
place;  or  to  admit,  or  to  sell  or  give  away  to  any  such  minor  a  ticket  or  other  paper 
by  which  said  minor  might  be  admitted  to  such  place  where  such  prize-fight  or  cock-fight 
is  advertised  to  take  place. 

Misdemeanor. 

§  3.  Every  person  violating  any  of  the  provisions  of  the  preceding  sections  is  guilty 
of  a  misdemeanor,  and  shall  be  punished  by  a  fine  of  not  exceeding  fifty  dollars,  or  be 
imprisoned  in  county  jail  not  more  than  twenty-five  days. 

Prlze-tishUt  and  covk.-fisht«  are  prohibited,  see  Kerr's  Cyc  Penal  Code,   H  412,  597c. 


^ 


1107 


INFAJVTS. 


Act  2113 


CHILD  LABOR  LAW  OF  1905. 
ACT  2113 — An  act  regulating  the  employment  and  hours  of  labor  of  children — prohib- 
iting the  employment  of  minors  under  certain  ages — prohibiting  the  emplojnnent 
of  certain  illiterate  minors — providing  for  the  enforcement  hereof  by  the  com- 
missioner of  the  bureau  of  labor  statistics  and  providing  penalties  for  the  violation 
hereof. 

History:  Approved  February  20,  1905,  Stats.  1905,  p.  11.  Amended 
(1)  March  19,  1907,  Stats.  1907,  p.  598;  (2)  March  23,  1907,  Stats.  1907, 
p.  978;  (3)  March  8,  1909,  Stats.  1909,  p.  211;  (4)  March  15,  1909,  Stats. 
1909,  p.  387;  (5)  March  6,  1911,  Stats.  1911,  p.  282;  (6)  April  4,  1911, 
Stats.  1911,  p.  910;  (7)  June  2,  1913,  in  effect  August  10,  1913,  Stats. 
1913,  p.  364;  (8)  June  5,  1915,  in  effect  August  8,  1915,  Stats.  1915, 
p.  1201;  (9)  May  22,  1917,  in  effect  July  27,  1917,  Stats.  1917,  p.  826; 
(10)  May  10,  1919,  in  effect  July  22,  1919,  Stats.  1919,  p.  393.  The 
amendments  of  April  14,  1911  (Stats.  1911,  p.  910),  of  1913  and  1915, 
were  of  the  entire  act,  to  which  the  amendment  of  1915  added  four  new 
sections.  Prior  act  of  February  8,  1889,  Stats.  1889,  p.  4,  was  super- 
seded by  the  act  of  March  23,  1901,  Stats.  1901,  p.  631,  which  was  in 
turn  superseded  by  the  present  act.  The  present  act  was  undoubtedly 
superseded  by  the  act  of  1919,  see  Act  2113a. 


See  new  section.  Stats.  1905,  ch.  LXXV; 
Kerr's  Cyc.  Pen.  Code,  §  273,  relative  to 
minors  entering  saloons,  gambling  houses, 
and  other  immoral  places. 

Dnty  to  warn  of  danger  infant  employees. 
— See   1   Am.   St.   Rep.    28. 

Violation  of  statute  prohibiting'  employ- 
ment of  minors — Evidence  of  negligence. — 
See  61  L.  R.  A.  811. 

Duration  daily  session. — Pol.  Code,   §  1673. 

School    month    defined. — Pol.    Code,    §  1697. 

1.  Constitutionality — Special  law. — The 
act  is  not  a  special  law  for  the  punishment 
of  a  crime  where  a  general  law  could  be 
made  applicable,  in  violation  of  section  25, 
subdivisions  2  and  33,  article  IV,  of  the 
constitution. — In  re  Spencer,  149  Cal.  396, 
117  Am.  St.  Rep.  137,  9  Ann.  Cas.  1105,  86 
Pac.    896. 

2.  Same — Not  discriminatory. — The  act 
is  not  discriminatory  in  conflict  with  sec- 
tions 11  and  21  of  article  I,  of  the  constitu- 
tion.— In  re  Spencer,  149  Cal.  396,  117  Am. 
St.  Rep.  137.   9  Ann.  Cas.  1105,   86   Pac.   896. 

2a.  Same — Same. — The  provisions  of  sec- 
tion 2  as  to  hours  of  labor  allowed  in  the 
case  of  children  who  can  "read  English  at 
sight  and  write  simple  English  sentences" 
is  not  an  unreasonable  discrimination 
against  illiterate  children. — In  re  Spencer, 
149  Cal.  396,  117  Am.  St.  Rep.  137,  9  Ann. 
Cas.  1105,   86  Pac.  895. 

3.  Same — Legislative  discretion.  —  The 
preliminary  questions  as  to  the  effect  of 
specified  occupations  on  children  engaged 
therein,  are  questions  of  fact  for  the  legis- 
lature to  determine,  and  if  there  is  any 
reasonable  doubt  as  to  the  soundness  of  its 
judgment  in  determining  such  questions, 
such  doubt  must  be  resolved  in  favor  of  the 
act  of  its  validity. — In  re  Spencer,  149  Cal. 
396,  117  Am.  St.  Rep.  137,  9  Ann.  Cas.  1105. 
86   Pac.   895. 

4.  Same— Classification  of  forbidden  call- 
ings.— The  specifications  of  forbidden  call- 
ings are  broad  and  comprehensive,  and  it 
can  not  be  said  of  the  omitted  callings  that 
a  saloon  is  not  a  "mercantile  institution,"  a 
barber    shop,    a    "workshop,"    or    of    ferries 


and  railroads,  that  they  are  not  engaged  In 
the  "distribution  or  transmission  of  mer- 
chandise or  messages." — In  re  Spencer,  149 
Cal.  396,  117  Am.  St.  Rep.  137,  9  Ann.  Cas. 
1105,   86   Pac.   895. 

5.  Construction — Proliibited  occupations 
— Scope  of  permit. — The  proviso  permitting 
children  over  twelve  years  old  to  work  at 
the  prohibited  occupations,  during  regular 
school  vacations,  upon  a  permit  from  the 
principal  of  the  public  school  attended  by 
such  child,  does  not  give  the  principal  ex- 
clusive power  to  issue  such  permit,  but  its 
true  meaning  is  that  the  permit  can  extend 
only  to  the  time  of  the  public  school  va- 
cation.— In  re  Spencer,  149  Cal.  396,  117 
Am.  St.  Rep.  137,  9  Ann.  Cas.  1105,  86  Pac. 
895. 

6.  Same — Same— Children  over  tvrelve. — 
The  proviso  permitting  children  over 
twelve  years  old  to  work  In  the  prohibited 
occupations,  where  the  parents  are  unable, 
from  sickness,  to  labor,  does  not  discrim- 
inate against  orphans  or  abandoned  chil- 
dren, the  proviso  not  being  for  the  benefit 
of  the  child,  but  of  the  parent,  and  where 
there  is  no  sick  parent,  tlie  reason  for  the 
exception  is  wanting. — In  re  Spencer,  149 
Cal.  396,  117  Am.  St.  Rep.  137,  9  Ann.  Cas. 
1105,    86    Pac.    895. 

7.  Same — Act  of  March  24.  1903,  Stats. 
1903,  p.  SSS — Act  4554. — The  provisions  of 
this  act  relating  to  attendance  upon  schools 
must  be  construed  with  the  provisions  of 
the  act  of  March  24,  1903,  Stats.  1903,  p. 
388. — In  re  Spencer,  149  Cal.  396,  117  Am. 
St.   Rep.    137,   9   Ann.   Cas.   1105,    86   Pac.    895. 

8.  Same — Minors  under  eighteen — More 
than  nine  hours  in  manufacturing,  me- 
chanical and  mercantile  eNtahlishments^ 
Railroad  watchman. — The  provisions  of  sec- 
tion 1  of  the  amended  act  of  1911  prohibit- 
ing the  employment  of  minors  under 
eighteen  for  more  than  nine  hours  in  any 
one  day  in  manufacturing,  mechanical,  or 
mercantile  establishments,  should  not  be 
construed  to  forbid  the  employment  of  such 
minor  as  a  watchman  in  a  railroad  tunnel 
for   more    than    the   time   limited. — Williams 


Act  2113a,  §8  1-3  GEXERAI.  LAWS.  1108 

V.  Southern  Pacific  Co.;  173  Cal.  525;  160  Pac.  JO.      Instruction  —  W.-itolimnn    In    tnnnol 

660.  Employment  for  twelve  honrti. — It  was  error 

9.     Same — Unlawful   employment   of  child  to    instruct    the    jury    in    an    action    for    the 

is  nesrllKcnce  per  He. — The  employment  of  a  death    of    a    minor    while    employed     as    a 

child  under  twelve  years  of  age,  in  a  manu-  watchman    in   a   railroad    tunnel   for    twelve 

facturing  establishment   (iron  foundry)  con-  hours  a  day,   that  such   employment   was   in 

trary   to   the  child   labor  act  of  1905   consti-  violation      of      this      statute. — Williams      v. 

tuted   negligence   per  se. — Scally   v.   Garratt  Southern   Pacific  Co.   173    Cal,    525,    160    Pac. 

&  Co.,  11  Cal.  App.  138,  104  Pac.  325.  660. 

CHTLD  LABOR  LAW  OF  1919. 
ACT  2113a — An  act  to  "be  known  as  the  child  lahor  law,  and  regulating  the  employ- 
ment, hours,  kinds  and  conditions  of  labor  of  children;  providing  for  the  adminis- 
tration and  enforcement  of  the  provisions  of  this  act  by  the  commissioner  of  the 
bureau  of  labor  statistics,  providing  penalties  for  the  violation  hereof  and  repealing 
all  acts  and  parts  of  acts  inconsistent  herewith. 

History:  Approved  May  10,  1919.  In  effect  July  22,  1919.  Stats. 
1919,  p.  415.  This  act  undoubtedly  susperseded  the  prior  act  of  1905, 
but  the  last  amendment  to  that  act  went  into  effect  on  the  same  date 
this  act  went  into  effect.    See  Act  2113. 

Child  labor  regulated. 

$  1.  No  minor  under  the  age  of  sixteen  years  shall  be  employed,  permitted  or 
suffered  to  work  in  or  in  connection  with  any  mercantile  establishment,  manufacturing 
establishment,  mechanical  establishment,  workshop,  oflfiee,  laundry,  place  of  amuse- 
ment, restaurant,  hotel,  apartment  house,  or  in  the  distribution  or  transmission  of 
merchandise  or  messages,  or  in  any  other  place  of  labor  at  any  time  except  as  may  be 
provided  by  the  provisions  of  this  act  or  by  the  provisions  of  an  act  entitled  "An  act 
to  enforce  the  educational  rights  of  children  and  providing  penalties  for  violation  oi 
the  act,"  as  now  in  force  or  as  may  be  hereafter  amended,  or  by  the  provisions  of  an 
act  entitled  "An  act  to  require  certain  high  school  districts  to  provide  part-time  edu- 
cational opportunities  in  civic  and  vocational  subjects  for  persons  under  eighteen  years 
of  age,  who  are  not  in  attendance  upon  full-time  day  schools,  and  part-time  educa- 
tional opportunities  in  citizenship  for  persons  under  twenty-one  years  of  age  who  can 
not  adequately'  speak,  read  or  write  the  English  language;  to  enforce  attendance  upon 
such  part-time  classes  where  established,  and  providing  penalties  for  violation  of  the 
provisions   of   this   act." 

Work  defined. 

Work  shall  be  deemed  to  be  done  for  a  manufacturing  establishment  within  the  mean- 
ing of  this  act,  whenever  it  is  done  at  any  place  upon  the  work  of  a  manufacturing 
establishment,  or  upon  any  of  the  materials  entering  into  the  products  of  a  manu- 
facturing establishment,  whether  under  contract  or  arrangement  with  any  person  in 
charge  of  or  connected  with  a  manufacturing  establishment  directly  or  indirectly 
through  the  instrumentality  of  one  or  more  contractors  or  other  third  persons. 

Eight-hour  limit.    Night  work. 

§  2.  Except  as  otherwise  provided  in  sections  three,  three  and  one-half  and  five 
hereof  no  minor  under  the  age  of  eighteen  years  shall  be  employed  more  than  eight 
hours  in  one  day  of  twenty-four  hours  or  more  than  forty-eight  hours  in  one  week,  or 
before  the  hour  of  five  o'clock  in  the  morning,  or  after  the  hour  of  ten  o'clock  in  the 
evening. 

Messenger  service. 

$  3.  No  girl  under  the  age  of  eighteen  years  and  no  boy  under  the  age  of  sixteen 
years  shall  be  employed,  permitted  or  suffered  to  work  as  a  messenger  for  any 
telegraph,  telephone  or  messenger  company,  or  for  the  United  States  government  or 


1109  IXFAXTS.  Act  2113a,  §§  3Va,  4 

any  of  its  departments  while  operating  a  telegraph,  telephone  or  messenger  service,  in 
the  distribution,  transmission  or  delivery  of  goods  or  messages  in  towns  of  more  than 
fifteen  thousand  inhabitants,  nor  shall  any  boy  under  the  age  of  eighteen  years  be 
employed,  permitted  or  suffered  to  engage  in  any  of  the  work  last  mentioned  before 
the  hour  of  six  o  'clock  in  the  morning  or  after  the  hour  of  nine  o  'clock  in  the  evening. 

Street  trades.     Exception. 

^  SVo.  No  boy  under  ten  years  of  age,  nor  girl  under  eighteen  years  of  age.  shall 
be  employed,  permitted  or  suffered  to  work  at  any  time  in  or  in  connection  with  the 
street  occupation  of  peddling,  bootblacking,  the  sale  or  distribution  of  newspapers, 
magazines,  periodicals  or  circulars  nor  in  any  other  occupation  pursued  in  any  street 
or  public  place;  provided,  however,  that  nothing  in  this  section  shall  be  construed  to 
apply  to  cities  whose  population  is  less  than  twenty-three  thousand  according  to  the 
last  federal  census. 

Prohibited  occupations. 

^  4.  No  minor  under  the  age  of  sixteen  years  shall  be  employed,  permitted  or 
suffered  to  work  in  any  capacity  at  any  of  the  following  occupations  or  in  any  of  the 
following  positions,  to  wit :  (1)  Adjusting  any  belt  to  any  machinery,  or  sewing  or 
lacing  machine  belts  in  any  workshop  or  factory,  or  oiling,  wiping  or  cleaning  machin- 
ery,  or  assisting  therein,  or  operating  or  assisting  in  operating  any  of  the  following 
machines:  (a)  Circular  or  band  saws;  (b)  wood  shapers;  (c)  wood  jointers;  (d) 
planers;  (e)  sandpaper  or  wood-polishing  machinery;  (f)  wood-turning  or  boring 
machinery;  (g)  picker  machines  or  machines  used  in  picking  wool,  cotton,  hair  or  any 
other  material;  (h)  carding  machines;  (i)  paper-lace  machines;  (j)  leather-burnishing 
machines;  (k)  printing  presses  of  all  kinds;  (1)  boring  or  drill  presses;  (m)  stamping 
machines  used  in  sheet-metal  and  tinware  or  in  paper  and  leather  manufacturing,  or  in 
washer  and  nut  factories;  (n)  metal  or  paper-cutting  machines;  (o)  corner-staying 
machines  in  paper  box  factories;  (p)  corrugating  rolls,  such  as  are  used  in  corrugated 
paper,  roofing  or  washboard  factories;  (q)  steam  boilers;  (r)  dough  brakes  or  cracker 
machinery  of  any  description;  (s)  wire  or  iron  straightening  or  drawing  machinery; 
(t)  rolling  mill  machinery;  (u)  power  punches  or  shears;  (v)  washing,  grinding  or 
mixing  machinery;  (w)  calendar  rolls  in  paper  and  rubber  manufacturing;  (x)  launder- 
ing machinery;  or  in  proximity  to  any  hazardous  or  unguarded  belts,  machinery  or 
gearing;  or  (2)  upon  any  railroad,  whether  steam,  electric  or  hydraulic;  or  (3)  upon 
any  vessel  or  boat  engaged  in  navigation  or  commerce  within  the  jurisdiction  of  this 
state;  or  (4)  in,  about,  or  in  connection  with  any  processes  in  which  dangerous  or 
poisonous  acids  are  used;  or  (5)  in  the  manufacture  or  packing  of  paints,  colors,  white 
or  red  lead;  or  (6)  in  soldering;  or  (7)  in  occupations  causing  dust  in  injurious  quan- 
tities; or  (8)  in  the  manufacture  or  use  of  dangerous  or  poisonous  dj'es;  or  (9)  in  the 
manufacture  or  preparation  of  compositions  with  dangerous  or  poisonous  gases;  or 
(10)  in  the  manufacture  or  use  of  compositions  of  lye  in  which  the  quantity  thereof  is 
injurious  to  health;  or  (11)  on  scaffolding;  or  (12)  in  heavy  work  in  the  building 
trades;  or  (13)  in  any  tunnel  or  excavation;  or  (14)  in,  about  or  in  connection  with 
any  mine,  coal  breaker,  coke  oven,  or  quarry;  or  (15)  in  assorting,  manufacturing  or 
packing  tobacco;  or  (16)  in  operating  any  automobile,  motor  car  or  truck;  or  (17)  in 
a  bowling  alley;  or  (18)  in  a  pool  or  billiard  room;  or  (19)  in  any  other  occupation 
dangerous  to  the  life  or  limb,  or  injurious  to  the  health  or  morals  of  such  child;  pro- 
vided, however,  that  the  provisions  of  this  section  shall  not  apply  to  the  courses  of 
training  in  vocational  or  manual  training  schools  or  in  state  institutions. 

Bureau  of  labor  statistics  to  determine  whether  business  is  prohibited. 

The  bureau  of  labor  statistics  may,  from  time  to  time,  after  a  hearing  duly  had, 
detfirmine  whether  or  not  any  particular  trade,  process  of  manufacture  or  occupation, 


Act  2113a.  88  5, 6  GENERAL   I.AMS.  1110 

in  which  the  employment  of  children  under  the  age  of  sixteen  j'ears  is  not  already 
forbidden  by  law,  or  any  i)articular  method  oT  carrying  on  such  trade,  process  of 
manufacture  or  occupation,  is  sufficiently  dangerous  to  the  lives  or  limbs  or  injurious 
to  the  health  or  morals  of  children  under  sixteen  years  of  age  to  justify  their  exclusion 
therefrom.  No  child  under  sixteen  years  of  age  shall  be  employed,  permitted  or 
suffered  to  work  in  any  occupation  thus  determined  to  be  dangerous  or  injurious  to 
such  children.  There  shall  be  a  right  of  appeal  to  the  superior  court  from  any  such 
determination. 

A.gricultural,  etc.,  labor.     Theatrical  employment. 

^  5.  Nothing  in  this  act  shall  be  construed  to  prohibit  the  employment  of  minors 
sixteen  years  of  age  or  over  at  agricultural,  horticultural,  or  viticultural,  or  domestic 
labor  for  more  than  eight  hours  in  one  day  or  more  than  forty-eight  hours  in  one 
week.  Nor  shall  anything  in  this  act  be  construed  to  prohibit  the  employment  of 
minors  at  agricultural,  horticultural,  or  viticultural,  or  domestic  labor  during  the  time 
the  public  schools  are  not  in  session,  or  during  other  than  school  hours.  For  the  purpose 
of  this  act,  horticultural  shall  be  understood  to  include  the  curing  and  drying,  but  not 
the  canning,  of  all  varieties  of  fruit.  Nor  shall  anything  in  this  act  be  construed  to 
prohibit  any  minor  between  the  ages  of  fifteen  and  eighteen  years,  who  is  by  any 
statute  or  statutes  of  the  state  of  California,  now  or  hereafter  in  force,  permitted  to 
be  employed  as  an  actor,  or  actress,  or  performer  in  a  theater,  or  other  place  of  amuse- 
ment, previous  to  the  hour  of  ten  o'clock  p.  m.,  in  the  presentation  of  a  performance, 
play  or  drama,  contim;ing  from  an  earlier  hour  till  after  the  hour  of  ten  o  'clock  p.  m., 
from  performing  his  or  her  part  in  such  presentation  as  such  employee  between  the 
hours  of  ten  and  twelve  o'clock  p.  m. ;  provided,  the  written  consent  of  the  commis- 
sioner of  the  bureau  of  labor  statistics  is  first  obtained.  Nor  shall  anything  in  this  act 
prevent,  or  be  construed  to  prohibit,  the  employment  of  any  minor,  whether  resident  or 
nonresident,  in  the  presentation  of  a  drama,  play,  performance,  concert  or  entertain- 
ment, with  the  written  consent  of  the  commissioner  of  the  bureau  of  labor  statistics, 
but  no  such  consent  shall  be  given  unless  the  officer  giving  it  is  satisfied  that  the 
environment  in  which  the  drama,  play,  performance,  concert  or  entertainment  is  to  be 
produced  is  a  proper  environment  for  the  minor,  and  that  the  conditions  of  such  em- 
ployment are  not  detrimental  to  the  health  of  such  minor,  and  that  the  minor's  educa- 
tion will  not  be  neglected  or  hampered  by  its  participation  in  such  drama,  play,  per- 
formance, concert  or  entertainment,  and  the  commissioner  may  require  the  person 
charged  with  the  issuance  of  age  and  schooling  certificates  to  make  the  necessary 
investigation  into  such  conditions;  and  every  such  written  consent  shall  specify  the 
name  and  age  of  the  minor  together  with  such  other  facts  as  may  be  necessary  for 
the  proper  identification  of  such  minor,  and  the  date  when,  and  the  theaters  or  other 
places  of  amusement  in  which  such  drama,  play,  performance,  concert  or  entertainment 
is  to  be  produced,  and  shall  specify  the  drama,  play,  performance,  concert  or  entertain- 
ment in  which  the  minor  is  permitted  to  participate,  and  every  such  consent  shall  be 
revocable  at  the  will  of  the  officer  giving  it.  Dramas  and  plays  shall  include  the  pro- 
duction of  motion  picture  plays. 

Employer  to  keep  register. 

$  6.  Every  person,  firm,  corporation  or  agent,  or  officer  of  a  firm  or  corporation, 
employing  either  directly,  or  indirectly  through  the  instrumentality  of  one  or  more 
contractors  or  other  third  persons,  minors  under  the  age  of  eighteen  years,  shall  keep 
a  separate  register  containing  the  names,  ages  and  addresses  of  such  minor  employees 
and  shall  post  and  keep  posted  in  a  conspicuous  place  in  every  room  where  such 
minors  are  employed,  a  written  or  printed  notice  stating  the  hours  per  day  for  each  day 
of  the  week  required  of  such  minors,  and  shall  keep  on  file  all  permits  and  certificates 


1111  INFANTS.  Act  2113a,  §§  7,  S 

either  to  work  or  to  employ,  issued  under  the  provisions  of  this  act,  or  under  the  provi- 
sions of  an  act  entitled  "An  act  to  enforce  the  educational  rights  of  children  and 
providing  penalties  for  the  violation  of  the  act,"  approved  March  24,  1903,  as  amended. 
Such  records  and  files  shall  be  open  at  all  times  to  the  inspection  of  the  school  attend- 
ance and  probation  officers,  the  state  board  of  education  and  the  officers  of  the  state 
bureau  of  labor  statistics. 

All  such  certificates  and  permits  to  work  or  to  employ  shall  be  returned  to  the  author- 
ity  issuing  the  same  within  five  days  after  the  minor  quits  his  employment.  Such 
certificate  or  permit  shall  be  subject  to  cancellation  at  any  time  by  such  commissioner 
of  the  bureau  of  labor  statistics,  or  by  the  authority  issuing  the  same,  whenever  such 
commissioner  or  such  issuing  authority  shall  find  that  the  conditions  for  the  legal 
issuance  of  such  certificate  or  permit  no  longer  exist  or  have  never  existed. 

Report  by  authority  issuing  permits. 

At  least  once  in  even,'  six  months,  to  wit,  on  or  before  January  tenth  and  on  or 
before  July  tenth  of  each  year,  the  authority  issuing  all  such  permits  and  and  certifi- 
cates either  to  work  or  to  employ,  shall  file  a  full  written  report  of  the  same,  stating 
the  names,  ages  and  addresses  of  the  minors  under  sixteen  years  of  age  affected  thereby, 
with  the  state  bureau  of  labor  statistics  and  the  state  board  of  education. 

Penalty. 

$  7.  Any  person,  firm,  corporation,  agent,  or  officer  of  a  firm  or  corporation,  em- 
ploying either  directly  or  indirectly  through  the  instrumentality  of  one  or  more  con- 
tractors or  other  third  persons,  or  any  parent  or  guardian  of  a  minor  affected  by  this 
act,  who  violates  or  omits  to  comply  with  any  of  the  provisions  hereof,  or  who  employs 
or  suffers  or  permits  any  minqf  to  be  employed  in  violation  thereof,  is  guilty  of  a 
misdemeanor,  and  shall  upon  conviction  thereof,  be  punished  by  a  fine  of  not  less  than 
fifty  dollars,  nor  more  than  two  hundred  dollars,  by  imprisonment  in  the  county  jail  for 
not  more  than  sixty  days,  or  by  both  such  fine  and  imprisonment  for  each  and  every 
offense. 

Fines  to  be  paid  into  school  funds.    Report  of  violation  of  act. 

A  failure  to  produce  any  permit  or  certificate  either  to  work  or  to  employ  or  to  post 
any  notice  required  by  this  act  shall  be  prima  facie  evidence  of  the  illegal  emploj'ment 
of  any  minor  whose  permit  or  certificate  is  not  so  produced  or  whose  name  is  not  so 
posted.  Any  fine  collected  under  the  provisions  of  this  act  shall  be  paid  into  the  school 
funds  of  the  county,  or  city,  or  city  and  county,  in  which  the  offense  occurred,  except 
such  fines  as  are  imposed  and  collected  as  the  result  of  prosecutions  by  the  officers  of  the 
bureau  of  labor  statistics,  in  which  cases  one-half  of  the  resultant  fine  or  fines  shall  be 
paid  into  the  state  treasury  and  credited  to  the  contingent  fund  of  the  bureau  of  labor 
statistics  and  one-half  paid  into  the  school  funds  of  the  county,  or  city,  or  city  and 
county,  in  which  the  offense  occurred.  All  reported  violations  of  the  provisions  of  this 
act,  whether  prosecuted  or  not,  must  be  reported  in  writing  immediately  after  their 
occurrence  by  the  state  bureau  of  labor  statistics  to  the  state  board  of  education. 
Such  report  shall  state  the  name  and  address  of  the  person  or  corporation  charged  with 
such  violation,  the  nature  of  such  charge  and  the  name,  age  and  address  of  the  minor 
or  minors  affected  thereby,  and  shall  be  followed,  at  least  once  in  every  six  months, 
to  wit,  on  or  before  January  tenth,  and  on  or  before  July  tenth  of  each  year,  by  a 
written  summary  of  all  violations  of  the  provisions  of  this  act  which  have  occurred 
during  the  preceding  period  of  six  months. 

Duty  of  labor  commissioner. 

^  8.  The  bureau  of  labor  statistics  shall  enforce  the  provisions  of  this  act.  The 
commissioner,  his  deputies   and   agents,   shall  have  all  the  powers  and  authority   of 


Act  2115,  §g  1,2  GENERAL,   LAWS.  1112 

sheriffs  or  other  peace  officers,  to  make  arrests  for  violation  of  the  provisions  of  this 
act,  and  to  sex've  any  process  or  notice  throughout  the  state. 

Duty  of  attendance  ofl3.cers. 

The  attendance  officer  of  any  county,  city  and  county,  or  school  district  in  which 
any  place  of  employment,  in  this  act  named,  is  situated,  or  the  probation  officer  of  such 
county,  shall  have  the  right  and  authority,  at  all  times,  enter  into  any  such  place  of 
employment  for  the  purpose  of  investigating  violations  of  the  provisions  of  this  act, 
or  violations  of  the  provisions  of  an  act  entitled  "An  act  to  enforce  the  educational 
rights  of  children  and  providing  penalties  for  tha  violation  of  the  act,"  approved 
March  24,  1903,  and  any  act  amending  or  superseding  the  same;  provided,  however,  that 
if  such  attendance  or  probation  officer  is  denied  entrance  to  such  place  of  employment, 
any  magistrate  may,  upon  the  filing  of  an  affidavit  by  such  attendance  or  probation 
officer  setting  forth  the  fact  that  he  has  a  good  cause  to  believe  that  the  provisions  of 
this  act,  or  the  act  hereinbefore  referred  to,  are  being  violated  in  such  place  of  employ- 
ment, issue  an  order  directing  such  attendance  or  probation  officer  to  enter  said  place 
of  employment  for  the  purpose  of  making  such  investigations. 

Repealed. 

§  9.     All  acts  and  parts  of  acts  inconsistent  herewith  are  hereby  expressly  repealed. 

C  onstitutionality. 

§  10.  If  any  section,  subsection,  sentence,  clause  or  phrase  of  this  act  is  for  any 
reason  held  to  be  unconstitutional,  such  decision  shall  not  affect  the  validity  of  the 
remaining  portions  of  this  act.  The  legislature  hereby  declares  that  it  would  have 
passed  this  act,  and  each  section,  subsection,  sentence,  clause  and  phrase  thereof,  irre- 
spective of  the  fact  that  any  one  or  more  other  sections,  subsections,  sentences,  clauses 
or  phrases  be  declared  unconstitutional. 

MINORS  ENGAGING  IN  BUSINESS  AT  NIGHT. 
ACT  2115 — An  act  to  prohibit  minors  under  the  age  of  eighteen  years  to  vend  and 
sell  goods,  engage  in,  or  conduct  any  business  between  the  hours  of  ten  o'clock  in  the 
evening  and  five  o'clock  in  the  morning,   and  providing  penalties  for  violations 

thereof.  History:    Approved  May  1,  1911,  Stats.  1911,  p.  1341. 

Unlawful  for  minor  under  eighteen  to  conduct  business  between  10  p.  m.  and  5  a.  m. 

^  1.  It  shall  be  unlawful  for  any  minor  under  the  age  of  eighteen  years  to  vend  and 
sell  goods,  engage  in,  or  conduct  any  business  between  the  hours  of  ten  o'clock  in  the 
evening  and  five  o'clock  in  the  morning. 

Punishment  for  violation  of  statute. 

$  2.  Any  person  violating  any  of  the  provisions  of  this  act  shall  be  guilty  of  a  mis- 
demeanor and  shall,  upon  conviction  thereof,  be  punished  by  a  fine  of  not  more  than 
twenty  dollars,  or  by  imprisonment  for  not  more  than  ten  days,  or  by  both  such  fine 
and  imprisonment  for  each  offense. 

INGLEWOOD. 

See  Act  3094,  note. 

INITIATIVE  AND  REFERENDUM. 

See  tit.  "Municipal  Corporations." 


1113  INSAXE   ASYLUMS.  Act  2134 


CHAPTER  163. 

INSANE  ASYLUMS. 

References:   Cancellation  of  registration  of  insane  person,  see  Kerr's  Cvc.  Political  Code, 

§  1106. 
Contracts  of  Insane  persons,  see  Kerr's  Cyc.  Civil  Code,  §§  38,  39,  1556,  1557,  1587, 

1996,  1997. 
Custody  of  insane  persons,  see  Kerr's  Cyc.  Civil  Code,  §  32. 

Guardian  of  insane  person,  see  Kerr's  Cyc.  Code  Civil  Procedure,  §§  1763,  et  seq. 
Guardian  ad  litem  of  insane  person,  see  Kerr's  Cyc.  Code  Civil  Procedure,  §§  372,  373. 
Homestead  of  insane  person,  see  Kerr's  Cyc.  Civil  Code,  §§  1296a,  et  seq. 
Insanity  in  criminal  matters,  see  Kerr's  Cyc.  Penal  Code,  §§  1367,  et  seq. 
Intoxicating  liquors,  sale  of  near  asylum,  see  Kerr's  Cyc.  Penal  Code,  §  172. 
Lunacy  commission,  etc.,  see  Kerr's  Cyc.  Political  Code,  §§  2136,  et  seq. 
Power  of  state  to  control  or  restrain  insane  persons,  see  Kerr's  Cyc.  Political  Code, 

§37. 
Psychopathic  parole  act,  see  Kerr's  Cyc.  Political  Code,  §  2167b. 
Restoration  to  sanity,  certificate  of,  see  Kerr's  Cyc.  Civil  Code,  §  40. 
Torts  of  insane  person,  liability  for,  see  Kerr's  Cyc.  Civil  Code,  §  41. 
Vacancy  in  office,  because  of  insanity,  see  Kerr's  Cyc.  Political  Code,  §§  996,  997. 
Voter,  insane  person  can  not  be,  see  Kerr's  Cyc.  Political  Code,  §  1084. 
See,  generally,  tit.  "Feeble  Minded." 

CONTENTS  OF  CHAPTER. 

ACT  2134.  Stockton  State  Hospital — Armory  Site. 

2134a.  Stockton  State  Hospital — Eemoval  of  Bodies  From  the  Cemeteet. 

2138.  Stockton  State  Hospital — Condemning  Certain  Streets  For. 

2139.  Napa  State  Hospital — Water  Supply  For. 

2143a.  Napa  State  Hospital — Right  op  Way  for  S.  F.,  N.  &  C.  Ry. 

2145.  Agnews  State  Hospital — Erection  of  Water  Towers  and  Tanks. 

2146.  Agnews  State  Hospital — Replacing  Buildings  Destroyed  in  1906. 

2147.  Agnews  State  Hospital — Conveyance  op  Certain  Property  to  Western  Dis- 

tilleries. 
2147a.  Agnews  State  Hospital — Right  of  Way  for  Southern  Pacific, 
2147b.  Agnews  State  Hospital — Confirming  Sale  to  Western  Industries  Co. 

2148.  Agnews  State  Hospital — Cottage  for  Female  Working  Patients. 
2150.     Mendocino  State  Hospital — Change  op  Name. 

2152.  Southern  California  State  Hospital — Right  of  Way  for  Railroad. 

2153.  Southern  California  State  Hospital — Conveyance  of  Certain  Water  Rights. 

2154.  Southern  California  State  Hospital — Right  of  Way  for  Electric  Railroad. 

2155.  Southern  California  State  Hospital — Ratification  of  Conveyance. 

2156.  NoRWALK  State  Hospital — Establishment  Op. 
2163.  "Pacific  Colony"  Act. 

STOCKTON  STATE  HOSPITAI^ARMORY  SITE. 
ACT  2134 — An  act  to  provide  for  marking  off  and  setting  apart  a  portion  of  the  Stock- 
ton State  Hospital  grounds  for  a  site  upon  wliich  to  construct  an  armory;  to  provide 
for  the  conveyance  and  transfer  of  the  lands  comprising  said  proposed  site  by  said 
corporation  through  its  proper  officers,  board  of  managers  or  their  successors  as 
trustees  of  such  property,  to  the  state  of  California;  to  provide  for  the  control  and 
management  thereof;  to  provide  for  the  construction  and  erection  of  an  armory  and 
drill  hall  thereon,  and  appropriating  money  therefor. 

History:    Approved  May  17,  1915.     In  effect  August  8,  1915.     Stats. 
1915,  p.  493. 
This  act  provided  for  the  setting  apart  and   conveyance  to   the   state  of  certain   land   in 
the  Stockton  State  Hospital  grounds  for  a  site  for  an  armory  and  drill  grounds. 


Acts  2134a-2146  GENERAL.  LAWS.  1114 


1 


STOCKTON  STATE  HOSPITAI^REMOVAL  OF  BODIES  FROM  THE 

CEMETERY. 
ACT  2134a — An  act  providing  for  the  removal  of  bodies  from  the  cemetery  at  the 
Stockton  State  Hospital  and  the  disposition  thereof  and  making  an  appropriation 
therefor. 

History:      Approved  June  1,  1917.    In  effect  July  31,  1917.    Stata. 
1917,  p.  1661. 

STOCKTON  STATE  HOSPITAI^CONDEMNING  CERTAIN  STREETS  FOR 
ACT  2138 — An  act  condemning  parts  of  certain  streets  adjacent  to  insane  asylum,  in 
the  city  of  Stockton,  for  asylum  purposes. 

History:    Approved  April  4,  1864,  Stats.  1864,  p.  469. 

This    act    provided    for    the    condemnation  ton     Insane     Asylum,     but     the     name     was 

of   certain    streets    adjacent   to    the   hospital  changed   to  Stockton   State  Hospital   by   the 

grrounds  for  the   use  of   the   hospital.  act  of  1903. — See  Kerr's  Cyc.  Political  Code, 

TliiH    hospital    was    originally    Icno^vn    as  §  2145. 
the  State  Insane  Asylum,  and  as  the  Stock- 

NAPA  STATE  HOSPITAI^-WATER  SUPPLY  FOR. 
ACT  2139 — An  act  to  provide  a  supply  of  water  for  the  Napa  State  Asylum  for  the 
insane.  History:    Approved  April  3,  1876,  Stats.  1875-76,  p.  88?.  f 

This   act  authorized  the   condemnation   of  narae   was  changed   to   Napa  State  Hospital 

adjoining   springs.  by  the  act  of  1903. — See  Kerr's  Cyc.  Politi- 

This  hospital  was  originally  known  as  the  cal  Code,   §  2145,  ^H 

Napa   State  Asylum  for  the  Insane,  but  the  ^H 

NAPA  STATE  HOSPITAI^-GRANT  OF  RAILROAD  RIGHT  OF  WAY. 

ACT  2143a — An  act  authorizing  the  hoard  of  managers  of  the  Napa  State  Hospital  to 

grant  a  right  of  "way  to  San  Francisco,  Napa  and  Calistoga  Railway  over  land  owned 

by  the  state  of  California,  for  the  consideration  herein  expressed. 

History:     Approved  May   15,   1919.     In   effect  July  22,   1919.     Stats. 
1919,  p.  621. 

This  act  provided  for  the  grant  of  a  right  of  way  through  the  grounds  of  the  hospital 

for  the  San  Francisco,  Napa  and  Calistoga  Railway. 

AGNEWS  STATE  HOSPITAI^-ERECTION  OF  WATER  TOWERS  AND  TANKS. 
ACT  2145 — An  act  to  provide  for  the  erection  of  water  towers  and  tanks  on  the 
grounds  of  the  Agnews  state  hospital. 

History:    Approved  March  25,  1901,  Stats.  1901,  p.  806. 

This   act   appropriated  $5000  for  the  pur-  of   1889    (Stats.    1889,    p.   130),    to   the   act   of 

pose   indicated.  1885     (Stats.    1885,    p.    35).      It    was    subse- 

Original    name   ot   institution. — The    name  quently    changed    to    "Agnews    State   Hospi- 

of  the  institution  was  changed  from  "Call-  tal"    by    the    act    of    1903. — See    Kerr's    Cyc. 

fornia  Hospital  for  the  Chronic  Insane"   to  Political  Code,  {  2145. 
"State  Insane  Asylum"  by  the  amending  act 

AGNEWS  STATE  HOSPITAL— REPLACING  BUILDINGS  DESTROYED  IN  1906. 

ACT  2146 — An  act  authorizing  and  directing  the  board  of  managers  of  the  Agnews 
State  Hospital  to  continue  the  work  of  replacing  and  reconstructing  and  re-equip- 
ping for  the  accommodation  and  treating  of  patients,  buildings  destroyed  April  18, 
1906,  to  appropriate  the  sum  of  two  hundred  fifteen  thousand  dollars  therefor,  to 
direct  the  manner  of  expenditure  thereof,  to  remove  restriction  upon  the  per  capita 
cost,  and  authorizing  and  directing  the  state  controller  to  draw  his  warrant  for  the 
said  sum,  and  the  state  treasurer  to  pay  the  same. 

History:    Approved  March  25,  1909,  Stats.  1909,  p.  791. 


I 


HIS  INSANE   ASYLUMS.  Acts  2147-2152 

AGNEWS  STATE  HOSPITAI^CONVEYANCE  OF  CERTAIN  PROPERTY  TO 
WESTERN  DISTILLERIES. 
ACT  2147 — An  act  to  authorize  and  empower  the  board  of  managers  of  the  Agnews 
State  Hospital  to  sell  and  convey  a  portion  of  real  property  situate  in  Santa  Clara 
county,  in  the  state  of  California,   and  belonging  to  said  state,  to  the  Western 
Distilleries.       History:    Approved  April  20,  1909,  Stats.  1909,  p.  1010. 

ACT  2147a — An  act  to  authorize  and  empower  the  board  of  managers  of  the  Agnews 
State  Hospital  to  grant,  under  the  conditions  herein  provided,  to  the  Southern 
Pacific  Railroad  Company,  a  corporation,  a  right  of  way  and  easement  for  the  pur- 
pose of  constructing,  maintaining  and  operating  an  industrial  spur  track  over,  along 
and  upon  a  strip  of  land  situate  in  the  county  of  Santa  Clara  and  belonging  to  the 
state  of  California. 

History:    Approved  May  5,  1917.    In  effect  July  27,  1917.    Stats.  1917, 
p.  251. 

This    act    authorized    the    board    of    man-  Pacific  Co.,  for  a  spur  track  to  the  Western 

agers,    in    its   discretion,    to    convey   a    right  Grain  and  Sugar  Products  Company's  prop- 

of  way  and  easement  over  a  certain  portion  erty,  upon  certain  specified  conditions, 
of    the    hospital    grounds    to    the    Southern 

ACT  21471) — An  act  confirming  the  sale  and  conveyance  by  the  board  of  managers  of 

the  Agnews  State  Hospital  to  Western  Industries  Company  of  a  portion  of  real 

property  situate  in  the  county  of  Santa  Clara,  state  of  California,  and  belonging  to 

the  state  of  California. 

History:   Approved  May  21, 1919.    In  effect  July  22,  1919.    Stats.  1919, 
p.  780. 

This  act  vwaa  made  necessary  by  the  pany,  and  the  reorganization  of  the  latter 
change  of  name  of  the  Western  Distilleries  company  as  the  Western  Industries  Com- 
to  Western  Grain  and  Sugar  Products  Com-        pany. — See  Act  2147. 

AGNEWS  STATE  HOSPITAI^COTTAGE  FOR  FEMALE  WORKING  PATIENTS. 

ACT  2148 — An  act  appropriating  money  for  building  and  furnishing  a  cottage  for 

female  working  patients  at  Agnews  State  Hospital. 

History:    Approved  June  7,  1913.    In  effect  August  10,  1913.    Stats. 
1913,  p.  857. 

This  act  appropriated  $60,000  for  the  purpose  indicated. 

MENDOCINO   STATE   HOSPITAI^CHANGE   OF  NAME. 

ACT  2150 — An  act  to  change  the  name  of  the  Mendocino  State  Asylum  for  the  Insane 

to  Mendocino  Asylum. 

History:    Approved  March  3,  1893,  Stats.  1893,  p.  75. 

The  name  of  this  institution  was  again  changed  by  the  act  of  1903  to  "Mendocino  State 
Hospital."     See  Kerr's  Cyc.   Political  Code,  §  2145. 

SOUTHERN  CALIFORNIA   STATE   HOSPITAL— RAILROAD  RIGHT   OF  WAY. 

ACT  2152 — An  act  to  authorize  and  empower  the  board  of  managers  of  the  Southern 

California  state  hospital  for  the  insane,   near  the  city  of   San   Bernardino,    San 

Bernardino  county,  to  sell  and  convey  a  strip  or  parcel  of  land  situate  in  San 

Bernardino  county,  in  the  state  of  California,  and  belonging  to  said  state,  to  the 

San  Pedro,  Los  Angeles  &  Salt  Lake  Railroad  Company,  for  the  purposes  of  a  right 

of  way  for  a  steam  railroad  thereon. 

History:    Approved  March  23,  1901,  Stats.  1901,  p.  563. 

This  act  authorised  the  sale  of  a  strip  of  land  sixty  feet  wide  to  the  San  Pedro,  Los 
Angeles  and  Salt  Lake  Railroad  Company. 


Acts  2153-2156,  §§  1-4  GBNl^RAL.   LAW'S.  1116 

SOUTHERN    CALIFORNIA    STATE   HOSPITAI^CONVEYANCE   OF   CERTAIN 

WATER  RIGHTS. 

ACT  2153 — An  act  authorizing  the  trustees  of  the  Southern  California  State  Asylum 

to  convey  certain  water  rights. 

History:    Approved  March  27,  1895,  Stats.  1895,  p.  233. 

Name    of    Institution. — The    name    of    this  Tills    act    authorized    the    sale    of    certain 

institution     was     changed     from     "Southern  water  rights  to  the  North  Forlt  Water  Com- 

C'alifornia  State  Insane  Asylum"   to  "South-  pany  in  exchange  for  the  shares  of  the  cor- 

ern    California    State    Hospital"    by    the    act  poration. 
[)f    1903. — See    Kerr's    Cyc.    Political    Code, 
i  2145. 

SOUTHERN  CALIFORNIA  STATE  HOSPITAI^RIGHT  OF  WAY  FOR  ELECTRIC 

RAILROAD. 

ACT  2154 — An  act  to  authorize  and  empower  the  board  of  managers  of  the  Southern 
California  State  Hospital  for  the  Insane,  near  the  city  of  San  Bernardino,  San  Ber- 
nardino county,  to  sell  and  convey  a  strip  or  parcel  of  land  situate  in  San  Bernar- 
dino county,  in  the  state  of  California,  and  belonging  to  said  state,  to  the  San 
Bernardino  Valley  Traction  Company  for  the  purposes  of  a  right  of  way  for  an 
electric  railroad  thereon. 

History:    Approved  March  23,  1907,  Stats.  1907,  p.  911, 

SOUTHERN  CALIFORNIA  STATE  HOSPITAL— RATIFICATION  OF 

CONVEYANCE. 
ACT  2155 — An  act  to  ratify  a  deed  of  conveyance  made  by  the  Southern  California 
State  Hospital  to  the  Bear  Valley  Mutual  Water  Company. 

History:    Approved  March  21,  1907,  Stats.  1907,  p.  848. 

NORWALK  STATE  HOSPITAL— ESTABLISHMENT  OF. 

ACT  2156 — An  act  to  provide  for  the  establishment  of  a  state  hospital  for  the  insane 

and  providing  for  commitment  thereto  and  management  thereof,  and  making  an 

appropriation  therefor. 

History:    Approved  June  7,  1913.     In  effect  August  10,  1913.     Stats. 
1913,  p.  884. 

Hospital  for  insane  established  in  southern  California. 

§  1.  A  state  hospital  shall  be  established  in  southern  California,  preferably  near  to 
the  sea  coast,  for  the  care  of  the  insane. 

Commission  created  for  building. 

$  2.  A  commission  composed  of  the  governor,  lieutenant-governor,  state  engineer,  the 
general  superintendent  of  the  state  hospitals,  and  a  member  of  the  Psychopathic  Asso- 
ciation of  California,  to  be  appointed  by  the  governor,  is  hereby  created  and  is  hereby 
authorized  to  select  and  purchase  a  suitable  site,  accept  the  plans  and  direct  the 
engineering  department  to  erect  the  necessary  buildings  as  and  for  a  hospital  for 
insane  persons. 

Commitments. 

$  3.  Upon  the  completion  of  such  state  hospital,  insane  persons  may  be  committed 
or  admitted  thereto  in  the  manner  provided  by  law  for  the  commitment  of  insane  per- 
sons, and  for  the  admission  of  insane  persons,  under  special  agreements,  to  state 
hospitals  for  the  insane. 

Management  as  provided  by  law. 

(«  4.  Upon  the  adoption  of  plans  as  herein  provided  for  such  institution,  the  commis-* 
sion  herein  created  shall  cease  to  exist  and  the  control  and  management  of  said  institu- 


I 


HIT  INSANE   ASYLUMS.  Act  2163,  §§  1-5 

tion  as  a  hospital  for  the  insane  shall  be  continued  as  and  in  the  manner  provided  by 
law  for  the  control,  management  and  operation  of  state  hospitals  for  the  care  of  the 
insane. 

Title  to  land  and  water  rights. 

$  5.  Title  to  land  and  water  right  thereunto  appertaining  acquired  in  pursuance  of 
this  act  shall  be  approved  by  the  attorney  general  and  shall  be  taken  in  the  name  of 
the  state  of  California.    The  deeds  therefor  shall  be  filed  with  the  secretary  of  state. 

Appropriation. 

§  6.  There  is  hereby  appropriated  from  the  funds  of  the  state  not  otherwise  appro- 
priated the  sum  of  two  hundred  and  fifty  thousand  dollars  to  be  used  for  the  purchase 
of  a  site  together  with  water  rights  for  said  hospital  and  the  erection  and  equipment  of 
buildings  and  improvements  thereon.  Not  more  than  ninety  thousand  dollars  of  the 
money  herein  appropriated  shall  be  used  for  the  purchase  of  said  site  and  water  rights. 
Said  site  shall  contain  not  less  than  three  hundred  acres  of  tillable  land. 

"PACIFIC  COLONY"  ACT. 
ACT  2163 — An  act  to  establish  an  institution  for  the  care,  confinement  and  instruction 
of  feeble-minded  and  epileptic  persons;  to  provide  for  the  government  and  mainte- 
nance thereof,  and  for  the  study  of  mental  deficiency  and  related  problems;  to  pro- 
vide for  admission  and  commitment  to  such  institution,  and  to  prescribe  penalties  for 
unlawfully  or  improperly  contriving  to  have  persons  adjudged  feeble-minded  under 
this  act ;  to  provide  for  the  sterilization  of  inmates  of  such  institutions ;  to  prescribe 
penalties  for  procuring  the  escape,  or  aiding  or  advising  in  the  escape,  of  inmates, 
or  concealing  inmates  thereof;  to  provide  a  contingent  fund  for  the  use  of  such 
institution  and  to  make  an  appropriation  therefor. 

History:    Approved  June  1,  1917.    In  effect  July  31,  1917.    Stats.  1917, 
p.  1623. 

Pacific  colony  created. 

$  1.  There  is  hereby  created  an  institution  to  be  known  as  the  Pacific  colony  an<? 
which  is  hereby  declared  to  be  a  corporation. 

Board  of  trustees. 

$  2.  The  said  institution  shall  be  under  the  control  of  a  board  of  three  trustees,  to  be 
appointed  by  the  governor,  one  for  one  year,  one  for  two  years,  and  one  for  three  years, 
and  thereafter  for  terms  of  four  years  each,  to  hold  office  until  their  successors  are 
respectively  appointed  and  qualified.  The  governor  shall  fill  vacancies  occurring  from 
any  cause  in  the  membership  of  such  board,  and  the  first  board  shall  be  appointed 
within  thirty  days  after  this  act  takes  effect. 

Chairman. 

§  3.  The  said  trustees  shall  annually  elect  from  their  own  number  a  chairman  and  a 
vice  chairman,  whose  terms  of  office  shall  be  one  year  and  until  their  successors  shall 
be  duly  appointed  and  qualified. 

By-laws. 

^  4.  The  board  of  trustees  may,  from  time  to  time,  establish  such  by-laws,  rules  and 
regulations,  not  inconsistent  with  the  laws  of  the  state,  as  they  may  deem  expedient  for 
the  efficient  management  and  government  of  the  said  institution,  for  the  transaction  of 
its  business  and  the  holding  of  its  meetings. 

Vacancy. 

§  5.  If  any  trustee  fail,  for  three  months,  to  attend  the  regular  meetings  of  the 
board,  unless  he  is  ill  or  absent  from  the  state,  his  office  shall  become  vacant,  if  the 


Act  2163,  g§  6-11  GENERAL  LAWS.  »118 

board,  by  resolution,  so  declare.    A  copy  of  any  such  resolution  certified  by  the  secre- 
tary of  the  board,  must  thereupon  be  forthwith  transmitted  to  the  governor. 

Compensation. 

§  6.  The  trustees  shall  be  entitled  to  receive  as  compensation  for  their  services, 
while  in  the  actual  discharge  of  their  duties  as  such  trustees,  ten  dollars  per  day  each; 
provided,  that  the  total  thereof  shall  not  exceed  two  hundred  forty  dollars  in  any  one 
.year  for  any  trustee;  and  provided,  that  if  such  services  be  performed  on  two  or  more 
consecutive  days,  there  shall  in  such  case  be  remuneration  paid  for  one  day  only;  and 
provided,  also,  that  the  trustees  shall  be  entitled  to  receive,  in  addition  to  such  com- 
pensation, all  of  their  necessary  expenses  while  attending  to  the  business  of  the 
institution. 

Superintendent.     Secretary. 

§  7.  The  board  of  trustees  shall  appoint  a  superintendent,  not  of  their  own  number, 
who  shall  be  a  resident  of  the  institution  and  shall  have  charge,  manage  and  control  of 
the  same  and  of  its  property,  and  shall  have  the  charge,  control,  discipline  and  train- 
ing of  its  inmates,  subject  to  the  direction  of  the  board  of  trustees;  and  he  shall  give 
a  bond  to  the  state  in  such  sum  and  with  such  sureties  as  will  be  satisfactory  to  the 
state  board  of  control,  for  the  faithful  performance  of  his  duties.  The  board  of 
trustees  shall  appoint  a  secretary  who  shall  perform  such  duties  as  the  board  may 
direct.    The  superintendent  may  be  appointed  to  that  position. 

Treasurer. 

$  8.  The  superintendent  shall,  subject  to  the  approval  of  the  board  of  trustees, 
employ,  with  power  to  discharge,  a  treasurer  and  such  other  officers  and  employees  as 
he  may  consider  proper  and  necessary  for  the  efficient  carrying  into  effect  of  the  design 
of  the  said  institution,  determine  their  titles,  and  prescribe  their  duties. 

Duty  of  treasurer. 

§  9.  The  treasurer  shall  receive  and  disburse  all  moneys  and  keep  account  of  the 
same,  under  the  direction  of  the  board  of  trustees,  but  subject  to  such  supervision  or 
control  as  is  vested  by  law  in  the  state  board  of  control,  and  he  shall  give  a  bond  to 
the  state  in  such  sum  and  with  such  sureties  as  will  be  satisfactory  to  the  state  board 
of  control  for  the  faithful  performance  of  his  duties. 

Compensation  of  officers. 

§  10.  The  board  of  trustees  shall  fix  the  compensation  of  the  superintendent,  whose 
salary  shall  be  not  less  than  three  hundred  dollars  per  month,  and  the  superintendent 
shall  fix  the  compensation  of  the  other  officers  and  employees,  subject  to  the  approval 
of  the  board  of  trustees. 

Purchase  of  site. 

$  11.  The  board  of  trustees,  together  with  the  superintendent,  are  hereby  empowered 
and  instructed  to  purchase  on  behalf  of  the  state,  in  the  territory  covered  by  and 
included  within  the  counties  of  Santa  Barbara,  Ventura,  Los  Angeles,  San  Bernardino, 
Orange,  Riverside  and  San  Diego,  for  the  use  of  the  said  institution,  such  a  site  as 
they  may  deem  most  advantageous,  of  preferably  not  less  than  eight  hundred  acres, 
subject  to  the  approval  of  the  state  board  of  control  as  to  the  purchase  price,  and  sub- 
ject to  such  approval,  the  said  board  of  trustees  and  superintendent  may,  if  they  con- 
sider it  advisable,  purchase  water  rights  or  make  provision  for  the  development  of 
water  for  the  use  of  said  lands.  The  state  department  of  engineering  shall,  at  the 
request  of  the  board  of  trustees,  and  with  the  approval  of  the  state  board  of  control, 
examine  into  the  matter  of  water,  light,  power  and  sanitation,  and  the  engineering 


1 


1119  INSANE   ASYLUMS.  Act  2163,  §§  12-17 

problems  involved,  in  connection  with  any  site  or  sites  the  board  may  investigate  with 
a  view  to  purchasing,  and  shall  report  thereon  to  the  board  of  trustees,  with  special 
regard  to  the  suitableness  of  such  site  or  sites  for  the  purposes  of  the  institution. 

The  University  of  California  shall,  on  the  approval  of  the  state  board  of  control, 
render  to  the  board  of  trustees  such  reasonable  assistance  as  the  board  may  desire,  in 
determining  the  quality  and  character  of  the  soil  of  such  site  or  sites  for  agricultural, 
horticultural  and  other  purposes,  and  its  suitability  for  the  purposes  of  the  institution. 

The  said  trustees  and  superintendent,  the  said  state  department  of  engineering,  and 
the  said  university,  shall  be  entitled  to  receive  their  necessary  expenses  in  connection 
with  said  investigations  and  the  selection  and  purchase  of  said  site. 

Buildings. 

$  12.  The  board  of  trustees  shall  erect  the  buildings  for  said  institution,  subject  to 
such  supervision  or  control  as  is  by  law  vested  in  the  state  department  of  engineering. 

Equipment,  etc. 

§  13.  The  board  of  trustees  is  authorized  and  required  to  purchase  such  equipment, 
furniture,  supplies  and  materials,  as  it  may  deem  suitable  for  the  proper  completion 
and  furnishing  of  the  said  buildings,  and  for  the  operation  and  maintenance  of  the 
said  institution,  subject  to  such  supervision  or  control  as  is  by  law  vested  in  the  state 
board  of  control  and  the  state  purchasing  agent. 

Donations  and  bequests. 

$  14.  The  said  institution  may  take  and  hold  in  trust  for  the  state  any  grant  or 
devise  of  land,  or  any  donation  or  bequest  of  money  or  other  personal  property,  here- 
tofore or  hereafter  granted,  devised,  donated,  or  bequeathed  to  the  use  of  the  institu- 
tion, and  shall  dispose  of  the  same  in  accordance  with  the  wishes  of  the  donor,  or 
testator,  if  expressed,  and  if  no  condition  be  attached  thereto,  or  in  so  far  as  any 
wishes  expressed  do  not  prevent,  then  to  invest  and  reinvest  the  same,  or  to  change 
the  investment  thereof,  as  to  the  board  of  trustees  may  seem  best,  and  to  use  the  income 
arising  therefrom  for  the  best  interests  of  the  institution. 

Forms  for  admission  of  inmates. 

§  15.  The  board  of  trustees  shall  prescribe  and  publish  instructions  and  forms,  in 
relation  to  the  commitment  and  admission  of  inmates,  and  may  include  in  them  such 
interrogatories  to  be  answered  as  it  may  deem  necessary  or  useful;  which  instructions 
and  forms  shall  be  furnished  to  anj'  one  applying  therefor,  and  shall  also  be  sent  in 
sufficient  numbers  to  the  county  clerks  of  the  several  counties  of  the  state. 

Who  are  "feeble-minded." 

§16.  The  following  persons,  if  not  insane,  shall  be  held  to  be  "feeble-minded" 
within  the  meaning  of  this  act: 

(a)  Those  who  are  so  mentally  deficient  that  they  are  incapable  of  managing  them- 
selves and  their  affairs  independently,  with  ordinary  prudence,  or  of  being  taught  to 
do  so,  and  who  require  supervision,  control,  and  care,  for  their  own  welfare,  or  for 
the  welfare  of  others,  or  for  the  welfare  of  the  community ;  or 

(b)  Those  whose  intelligence  in  the  judgment  of  one  or  more  psychologists,  when 
they  have  been  examined  by  such  psychologist  or  psychologists  making  use  of  stand- 
ardized psycholological  tests  and  whatever  supplementary  material  may  be  available, 
will  not  develop  beyond  the  level  of  the  average  child  of  twelve  years. 

Petition  to  superior  court  for  order  admitting  person. 

§  17.  Whenever  any  parent,  guardian  or  other  person  charged  with  the  support  of 
a  supposedly  feeble-minded  person  who  is  not  insane,  or  an  epileptic  under  twenty-one 


Act  2163,  g§  18-20  GBNKRAL  LAIC'S.  1120 

years  of  age,  desires  such  person  to  be  admitted  into  the  said  institution,  he  may 
petition  the  superior  court  of  the  county  in  which  such  person  resides  for  an  order 
admitting  such  person  thereto;  the  petition  shall  disclose  his  reasons  for  supposing 
such  person  to  be  eligible  for  admission  thereto,  and  shall  be  verified  by  the  affidavit  of 
the  petitioner.  Or  whenever  any  peace  office [r]  desires  any  such  supposedly  feeble- 
minded or  epileptic  person  to  be  so  admitted,  he  may  petition  the  said  court  as  afore- 
said for  an  order  therefor;  provided,  he  shall  have  given  two  days  previous  written 
notice  of  the  date  of  the  presentation  of  the  petition  personally  or  by  United  States 
mail,  to  such  parent,  guardian  or  other  person  charged  with  such  support,  if  known  to 
him,  and  if  not  so  known,  then  to  some  other  relative  or  friend,  if  any  known  to  him, 
residing  in  the  said  county,  an  affidavit  whereof,  together  with  the  names,  addresses  and 
relationship  of  the  parties  so  notified,  and  the  facts  of  his  said  knowledge  or  want  of 
knowledge,  shall  be  filed  with  the  petition. 

Warrant  for  arrest. 

$  18,  The  court  may  cause  a  warrant  to  issue  for  the  arrest  and  delivery  to  the  court 
of  such  supposedly  feeble-minded  or  epileptic  person,  whenever  considered  advisable  or 
necessary,  and  have  the  same  executed  by  any  peace  officer. 

Examination  of  person.    Order  of  commitment. 

§  19.  The  judge  of  the  said  court  must  inquire  into  the  condition  or  status  of  such 
supposedly  feeble-minded  or  epileptic  person,  for  which  purpose  he  may  by  subpoena 
require  the  attendance  before  him  of  a  clinical  phychologist  and  a  reputable  physician, 
or  one  of  each,  or  two  of  either,  to  examine  such  person  and  testify  as  to  his  or  her 
mentality.  Such  physicians  must  have  made  a  special  study  of  mental  deficiency  and 
be  qualified  to  act  as  "medical  examiners."  The  said  judge  may  also  by  subpoena 
require  the  attendance  of  such  other  persons  to  give  evidence  as  he  may  deem  advisable, 
and  if  the  judge  find  such  person  to  be  a  feeble-minded  person,  as  defined  by  section 
sixteen  of  this  act,  or  an  epileptic  person  under  twenty-one  years  of  age,  and  that  such 
person  has  been  a  resident  of  the  state  for  at  least  one  year  next  preceding  the  presen- 
tation of  the  petition,  such  judge  may  make  an  order  of  commitment  to  said  institution, 
and  on  the  presentation  of  such  order  the  superintendent  must  receive  such  person 
therein;  provided,  that,  in  the  opinion  of  the  board  of  trustees,  the  condition  of  such 
person,  the  accommodation  at  the  said  institution,  and  the  state  of  its  finances,  be  such 
as  to  justify  the  receiving  of  such  person.  Pending  the  said  investigation  the  said 
supposedly  feeble-minded  or  epileptic  person  may  be  left  in  charge  of  the  parent, 
guardian  or  other  suitable  person  or  in  a  detention  home. 

Order  to  pay  expenses. 

§  20.  The  judge  shall  attach  to  the  order  of  commitment  his  findings  and  conclu- 
sions, together  with  all  the  social  and  other  data  he  may  have  bearing  upon  the  case, 
and  the  same  shall  be  delivered  to  the  said  institution  with  such  order.  The  judge 
must  inquire  into  the  financial  condition  of  the  parent,  guardian  or  other  person 
charged  with  the  support  of  any  such  person,  and  if  he  find  him  able  to  do  so,  in  whole 
or  in  part,  he  must  make  a  further  order,  requiring  him  or  her  to  pay,  to  the  extent  the 
judge  may  consider  him  or  her  able  to  pay,  the  expenses  of  the  proceedings  in  con- 
nection with  the  investigation,  detention  and  commitment  of  such  person,  and  the 
expenses  of  the  delivery  thereof  to  the  institution,  and  to  pay  to  the  institution,  at 
stated  periods,  such  sums  as,  in  the  opinion  of  the  judge,  are  proper,  during  such  time 
as  the  person  may  remain  in  the  institution.  This  order  may  be  enforced  by  such  fur- 
ther orders  as  the  judge  deems  necessary,  and  may  be  varied,  altered  or  revoked  in  his 
discretion. 


1121  INSANE   ASVLL MS.  Act  2163,  gg  21-26 

Petitioner  to  pay  when. 

$  21.  In  case  of  the  dimissal  of  the  said  petition,  the  judge  may,  if  he  considers 
the  petition  to  have  been  filed  with  malicious  intent,  order  the  petitioner  to  pay  the 
expenses  in  connection  therewith,  and  may  enforce  the  same  by  such  further  orders 
as  he  may  deem  necessary. 

Penalty. 

§  22.  Any  one  who  shall  knowingly  contrive  to  have  any  person  adjudged  feeble- 
minded under  this  act,  unlawfully  or  improperly,  shall  be  deemed  guilty  of  a  misde- 
meanor. 

Feeble-minded  boy  or  girl  before  juvenile  court. 

§  23.  When  a  boy  or  girl  is  brought  before  a  juvenile  court  under  the  juvenile  court 
law,  if  it  appear  to  the  court,  either  before  or  after  adjudication,  that  such  person  is 
feeble-minded  within  the  meaning  of  this  act;  or  if  on  the  conviction  of  any  person  of 
crime  by  any  court  it  appear  to  the  court  that  such  person  is  feeble-minded  as  aforesaid, 
the  court  may  adjourn  the  proceedings  or  suspend  the  sentence,  as  the  ease  may  be,  and 
direct  some  suitable  person  to  take  proceedings  under  this  act  against  the  person  before 
the  court,  and  the  court  may  order  that,  pending  the  preparation,  filing  and  hearing  of 
the  petition,  the  person  before  the  court  be  detained  in  a  place  of  safety,  or  be  placed 
under  the  guardianship  of  some  suitable  person,  on  his  entering  into  a  recognizance  for 
the  appearance  of  the  person  upon  trial  or  under  conviction  when  required.  If  upon  the 
hearing  of  the  petition,  or  upon  a  subsequent  hearing  under  this  act,  the  person  upon 
trial  or  under  conviction  be  not  found  to  be  feeble-minded,  the  court  may  proceed  with 
the  trial  or  impose  sentence,  as  the  case  may  be. 

Persons  admitted  for  observation. 

$  24.  The  superintendent  may  admit  to  the  Pacific  colony  temporarily,  without  com- 
mitment, under  such  rules  and  regulations  as  the  board  of  trustees  may  prescribe,  for 
purposes  of  observation  and  testing,  such  persons,  as  are  suspected  of  being  feeble- 
minded, to  ascertain  whether  or  not  they  are  actually  mentally  defective,  and  proper 
cases  for  care,  treatment  and  training  in  an  institution  for  the  •feeble-minded,  and  if 
such  is  found  to  be  the  case,  application  may  be  made  to  the  superior  court  for  an  order 
of  commitment  of  such  persons  to  such  an  institution.  On  presentation  of  an  affidavit 
or  affidavits  of  the  facts  upon  which  such  opinion  is  based,  the  judge  of  the  said  court 
may  make  such  order. 

Witness  fees. 

$  25.  Each  psychologist  and  physician  shall  be  entitled  to  receive  for  each  attend- 
ance mentioned  in  section  nineteen  the  sum  of  five  dollars  for  each  person  examined 
together  with  his  necessary  actual  expenses  occasioned  thereby,  and  other  witnesses 
shall  be  entitled  to  receive  for  such  attendance  such  fees  and  expenses  as  the  court  in  its 
discretion  may  allow,  if  any,  not  exceeding  the  fees  and  expenses  allowed  by  law  in 
other  cases  in  the  said  courts. 

Payment  by  county  treasurer. 

^  26.  Any  fees  or  traveling  expenses  payable  to  a  psychologist,  physician,  or  witness 
as  aforesaid,  and  all  expenses  connected  with  the  execution  of  any  process  under  this 
act,  which  may  not  be  paid  by  the  parent,  guardian  or  person  charged  with  the  support 
of  the  said  supposed  feeble-minded  or  epileptic  person,  shall  be  paid  by  the  county 
treasurer  of  the  county  in  which  such  person  resides,  upon  the  presentation  to  the 
treasurer  of  a  certificate  of  the  said  judge  that  the  party  is  entitled  thereto. 

Gen.  Laws— 71 


Act  2163,  §§  27-32  GENERAL,  LAWS.  1122 

Transfer  to  or  from  state  hospital  for  insane. 

$  27,  The  said  board  of  timstees,  when  it  shall  deem  desirable,  owing  to  the  mental 
condition  of  an  inmate  of  the  Pacific  colony,  may,  with  the  approval  of  the  state  com- 
mission in  lunacy,  transfer  such  inmate  to  a  state  hospital  for  the  insane,  provided  that 
on  due  investigation  by  such  commission,  the  commission  shall  consider  such  inmate  a 
fit  subject  therefor.  And  the  said  commission,  whenever  on  due  observation  and  investi- 
gation it  shall  consider  a  patient  in  any  state  hospital  for  the  insane  eligible  for  com- 
mitment to  the  Pacific  colony  may  with  the  approval  of  the  said  board  of  trustees, 
transfer  such  patient  thereto,  for  care  and  treatment  therein. 

Transfer  to  or  from  Sonoma  state  home. 

§  28.  Inmates  of  the  Sonoma  state  home  may  be  transferred  to  the  Pacific  colony, 
and  inmates  of  the  Pacific  colony  may  be  transferred  to  the  Sonoma  state  home,  at  any 
time  and  from  time  to  time  as  may  be  agreed  upon  by  the  boards  of  trustees  of  the 
two  institutions,  upon  the  application  of  the  parent,  guardian  or  other  persons  charged 
with  the  support  of  such  inmate,  provided  he  pay  the  expenses  thereof,  and  may,  with 
the  approval  of  the  state  board  of  control,  be  so  transferred  without  such  application 
and  without  such  payment,  in  which  latter  ease  the  expenses  thereof  shall  be  paid  by 
either  or  both  of  such  institutions  as  may  be  determined  by  the  state  board  of  control. 

Liability  for  support  unchanged. 

§  29.  In  the  event  of  the  transfer  of  any  inmate  or  patient  as  provided  in  sections 
twenty-seven  and  twenty-eight  of  this  act  the  liability  of  any  estate,  person  or  county 
for  the  care,  sujoport  and  maintenance  of  such  person,  shall  be  the  same  to  the  insti- 
tution to  which  the  person  is  transferred  as  it  was  to  the  institution  from  which  the 
transfer  is  made. 

Execution  of  writ  of  commitment. 

§  30.  It  shall  be  the  duty  of  the  sheriff  of  any  county  wherein  an  order  is  made  by 
the  judge  of  the  superior  court  committing  any  person  to  the  Pacific  colony,  or  of  any 
other  person  designated  by  the  said  judge,  to  execute  the  writ  of  commitment,  and  to 
receive  as  compensation  therefor  such  fees  as  are  now  or  may  hereafter  be  provided 
by  law  for  the  transportation  of  prisoners  to  the  state  prison;  provided,  that  in  all 
cases  the  parent,  guaMian  or  other  person  charged  with  the  support  of  such  person 
may,  at  his  option,  with  the  approval  of  the  said  judge,  and  in  all  cases  where  he  is 
able  or  the  estate  of  such  person  is  sufficient,  shall,  if  the  said  judge  approve,  without 
expense  to  the  county  or  state,  execute  said  writ,  after  being  duly  sworn  therefor,  with 
like  effect  and  with  like  powers  as  the  sheriff  would  have;  but  no  such  person,  being  a 
female,  shall  be  taken  to  the  said  colony  by  any  male  person  not  her  husband,  father, 
brother  or  son,  without  the  attendance  of  some  woman  of  good  character  and  mature 
age,  chosen  for  the  purpose  by  the  judge,  which  woman  shall,  if  the  judge  see  fit,  be 
paid  therefor  such  reasonable  remuneration  as  he  may  allow. 

Pasrments  by  county. 

§  31.  For  each  person  committed  to  the  Pacific  colony  there  shall  be  paid  by  the 
county  from  which  he  is  committed,  to  the  state  treasurer,  the  sum  of  fifteen  dollars 
monthly,  for  and  during  each  month  or  part  of  month  such  person  so  committed  remains 
an  inmate  of  the  institution,  in  case  the  payments  herein  provided  to  be  made  by  the 
parent,  guardian  or  other  person  charged  with  the  support  of  any  such  person  should 
not  be  made,  and  to  the  extent  they  are  not  made,  not  exceeding  fifteen  dollars  per 
month. 

Statement  hy  county  auditor. 

5  32.  Each  county  auditor  must  include  in  his  state  settlement  report,  rendered  to 
the  controller  in  the  months  of  May  and  December,  the  amount  due  under  this  act,  by 


1123  INSANE   ASYLUMf.  Act  2163,  §§  33-39 

reason  of  commitment  to  the  Pacific  colony,  and  the  county  treasurer,  at  the  time  of  the 
settlement  with  the  state  in  such  months,  must  pay  to  the  state  treasurer,  upon  the 
order  of  the  controller,  the  amounts  found  to  be  due  by  reason  of  the  commitments 
herein  referred  to. 

When  others  may  be  admitted. 

$  33.  Whenever  the  accommodations  of  the  Pacific  colony  permit,  and  if  such  action 
does  not  conflict  with  the  interest  or  welfare  of  committed  cases,  the  board  of  trustees, 
without  judicial  commitment,  and  upon  such  terms  as  may  appear  to  said  board  to  be 
to  the  best  interests  of  the  state,  may  admit  to  said  institution  epileptics,  of  any  age, 
and  also  such  other  persons  as  are,  under  the  provisions  of  this  act,  eligible  for  admis- 
sion to  said  institution. 

Transfer  from  state  schools. 

§  34.  Any  boy  who  has  been  or  may  hereafter  be  committed  to  the  Preston  School  of 
Industry,  or  the  Whittier  State  School,  or  any  girl  who  has  been  or  may  hereafter  be 
committed  to  the  California  School  for  Girls  at  Ventura,  or  to  any  similar  institution 
now  or  hereafter  created,  who  comes  within  the  provisions  of  this  act,  may,  on  appli- 
cation to  a  judge  of  the  superior  court  of  the  county  in  which  such  person  may  be 
located,  by  the  superintendent  of  the  institution  to  which  he  or  she  has  been  commit- 
ted, be  discharged  from  such  last  mentioned  institution,  and  be  recommitted,  for  an 
indeterminate  period,  to  the  Pacific  colony,  to  the  Sonoma  State  Home,  or  to  any  similar 
institution  hereafter  created ;  provided,  the  findings  of  the  judge  and  the  opinion  of  the 
board  of  trustees  of  the  institution  to  which  such  boy  or  girl  is  sought  to  be  committed 
are  the  same  as  on  the  commitment  to  and  receiving  into  the  Pacific  colony  of  other 
persons  as  aforesaid;  and  provided,  that  there  shall  have  been  served  upon  such  relatives 
of  said  bo}'^  or  girl,  or  upon  such  other  persons  and  in  such  manner  as  the  said  judge 
may  deem  necessary  or  proper,  such  notice  of  the  application  as  he  shall  consider  suffi- 
cient, in  order  to  enable  them  to  be  heard  on  the  application. 

Object  of  colony. 

$  35.  The  object  aimed  at  in  the  Pacific  colony  shall  be  such  care  and  training  of  its 
inmates  as  to  render  them  more  useful  and  happy,  and  tend  to  make  them  as  nearly 
self-supporting  as  their  level  of  intelligence  may  permit. 

Manufacture  of  furniture,  etc. 

$  36.  The  Pacific  colony  may  manufacture  or  raise  for  sale,  such  articles  of  furni- 
ture, supplies  or  produce  as  may  be  used  in  the  said  or  any  other  state  institution,  sub- 
ject to  the  approval  and  under  the  control  of  the  state  board  of  control. 

Disposition  of  funds. 

§  37.  All  moneys  received  from  the  sale  of  articles  of  furniture,  supplies  or  produce 
as  provided  in  section  thirty-six  of  this  act  shall  be  paid  to  the  state  treasurer,  to  be 
placed  in  the  contingent  fund  to  the  credit  of  the  said  colony  and  for  its  use. 

Department  for  clinical  diagnosis. 

^  38.  The  Pacific  colony  shall  have  a  department  for  the  clinical  diagnosis  of  in- 
mates, and  their  subsequent  classification  and  observation,  with  a  view  to  their  proper 
segregation  and  treatment. 

Examination  of  inmate  before  discharge. 

§  39.  The  superintendent  shall,  at  least  two  weeks  before  the  discharge  of  any  in- 
mate, have  made,  by  a  trained  clinical  psychologist,  an  examination  of  the  mental  con- 
dition of  such  inmate,  and  a  permanent  record  thereof  shall  be  kept  in  the  oflSce  of  the 


Act  2163,  §8  40-45  GENERAL   LAWS.  1124 

superintendent;  which  record  shall  be  open  to  the  inspection  of  all  state  boards  or  com- 
missioners authorized  by  law  to  investigate  or  inspect  the  institution. 

Biennial  report  of  superintendent. 

$  40,  The  superintendent  shall  issue,  at  the  end  of  each  period  of  two  years,  a  report 
of  the  work  done  during  that  period,  giving  the  number  of  inmates  received  within  that 
time,  their  sex,  nativity,  residence,  date  of  reception,  level  of  intelligence  determined  as 
aforesaid,  and  the  results  of  the  investigations  that  may  have  been  made;  such  report 
shall  also  give  the  number  of  inmates  discharged  during  that  period,  with  the  date  and 
reason  therefor,  and  the  names  of  all  paying  inmates,  the  amounts  charged  for  them,  and 
the  amounts  received  therefrom,  together  with  such  other  information  or  suggestions  as 
shall  be  required  by  the  board  of  trustees  or  the  state  board  of  control,  or  to  the  super- 
intendent may  seem  desirable;  which  report  shall  be  kept  on  file  in  the  office  of  the 
superintendent,  but  shall  not  be  printed.  A  copy  of  such  report  shall  be  sent  to  the 
governor,  along  with  the  biennial  report  of  the  board  of  trustees,  and  may  be  printed 
for  the  use  of  the  legislature  or  for  distribution;  provided,  the  names  of  the  inmates 
are  not  given  or  their  identity  made  evident. 

Discharge  of  inmates. 

§  41.  The  board  of  trustees  may  discharge,  or  the  superintendent  may  g^ant  a  tem- 
porary leave  of  absence  to,  any  inmate  at  any  time. 

Sterilization  before  discharge. 

$  42.  Before  any  inmate  who  has  been  committed  to  the  Pacific  colony,  and  who  is 
feeble-minded  or  is  afflicted  with  incurable  chronic  mania  or  dementia,  shall  be  released 
or  discharged  therefrom,  the  board  of  trustees  on  the  recommendation  of  the  superin- 
tendent approved  by  a  clinical  psychologist  holding  the  degree  of  Ph.  D.  and  a  physician 
qualified  to  serve  under  section  nineteen  of  this  act,  after  they  shall  have  made  a  care- 
ful investigation  of  all  the  circumstances  of  the  case,  may  cause  such  person  to  be  ster- 
ilized; and  such  sterilization,  whether  with  or  without  the  consent  of  the  inmate,  shall 
be  lawful,  and  shall  not  render  the  said  commission,  or  its  members,  or  any  person  par- 
ticipating in  the  operation,  the  said  trustees,  the  said  colony,  or  any  of  its  officers  or 
employees,  liable  civilly  or  criminally. 

Action  against  trustees,  etc. 

§  43.  No  civil  action  shall  be  brought  against  the  trustees,  the  superintendent,  or 
any  other  officer  or  employee  of  the  said  colony,  because  of  any  act  done  or  failure  to 
perform  any  act  while  discharging  his  official  duties,  without  leave  of  the  controller 
first  had  or  obtained.  Any  just  claim  for  damages  against  such  trustee,  superintendent, 
officer  or  employee,  for  which  the  state  would  be  legally  or  equitably  liable,  may  be 
paid  out  of  any  moneys  appropriated  for  the  said  institution. 

Penalty  for  bringing  drugs  or  liquor. 

§  44.  Any  person,  not  authorized  by  law,  who  brings  into  the  said  colony,  or  within 
the  grounds  adjoining  or  adjacent  thereto,  any  opium,  morphine,  cocaine,  or  other  nar- 
cotic, or  any  intoxicating  liquor  of  any  kind  whatever,  except  for  medicinal  or  mechan- 
ical purposes,  or  any  firearms,  weapons,  or  explosives  of  any  kind,  is  guilty  of  a  mis- 
demeanor. 

Penalty  for  aiding  escape. 

§  45.  If  any  person  procure  the  escape  of  any  male  inmate  of  the  said  colony,  or 
advise,  connive  at,  aid  or  assist  in  such  escape,  or  conceal  any  such  inmate  after  such 
escape,  or  if  any  person  advise  or  connive  at  the  escape  of  any  female  inmate  of  the 
said  colony,  he  or  she  is  guilty  of  a  misdemeanor;  and  if  any  person  procure  the  escape 


1125  INSECTS.  Act  2168 

of  anj'  female  inmate  of  the  said  colony,  or  aid  or  assist  in  such  escape,  or  conceal  such 
female  inmate  after  such  escape,  he  or  she  is  guilty  of  a  felony. 

Trustees,  etc.,  not  to  be  interested  in  contracts. 

§  46.  No  trustee  or  employee  of  the  said  colony  shall  be  personally,  directly  or  indi- 
rectly, interested  in  any  contract,  purchase  or  sale  made,  or  any  business  carried  on, 
in  behalf  of  or  for  said  institution.  All  contracts,  purchases  or  sales  made  in  violation 
of  this  section  shall  be  held  and  declared  null  and  void,  and  all  moneys  paid  to  such 
trustee,  employee,  or  any  other  person,  for  his  benefit,  in  whole  or  in  part,  in  considera- 
tion of  such  purchases,  contracts  or  sales  made,  may  be  recovered  by  civil  suit,  to  be 
instituted  in  the  name  of  the  state  of  California  against  such  trustee,  employee  or  per- 
son acting  in  his  behalf;  and  in  addition,  it  is  hereby  made  the  duty  of  the  governor  or 
the  board  of  trustees,  as  the  case  may  be,  upon  satisfactory  proof  of  the  fact  of  such 
interest,  to  immediately  remove  the  trustee  or  employee  delinquent  as  aforesaid,  and 
to  report  the  facts  to  the  attorney  general,  who  shall  take  such  legal  steps  in  the  prem- 
ises as  he  shall  deem  expedient. 

Exempt  from  control  of  state  commission  in  lunacy. 

§  47.  The  Pacific  colony,  its  inmates,  officers,  employees  and  property  are  hereby 
declared  to  be  exempt  from  the  operation  of  chapter  one,  title  five,  part  three  of  the 
Political  Code,  and  free  from  the  supervision,  inspection  or  control  of  the  state  commis- 
sion in  lunacy. 

Appropriation. 

§  48.  There  is  hereby  appropriated  out  of  any  money  in  the  state  treasury  not  other- 
wise appropriated,  the  sum  of  two  hundred  fifty  thousand  dollars  ($250,000.00)  for  the 
purposes  of  this  act. 

Pajrment. 

§  49.  The  controller  of  the  state  is  hereby  directed  on  requisition  of  the  board  of 
trustees,  duly  audited  by  the  state  board  of  control,  to  draw  his  warrant  on  the  state 
treasurer  in  favor  of  the  board  of  trustees  for  any  moneys  duly  appropriated,  to  pay 
for  the  expenditures  in  the  establishment  and  maintenance  of  the  said  colony,  and  the 
said  treasurer  is  directed  to  pay  the  same  from  the  appropriations  provided  therefor. 

Validity. 

§  50.  The  invalidity  of  any  part  of  this  act  shall  not  be  construed  to  affect  the 
validity  of  any  other  part  capable  of  having  practical  operation  and  effect  without  the 
invalid  part. 

CHAPTER  164. 

INSECTS.  * 

References:   See,  generally,  tits.  "Adulteration;"  "Horticulture." 

CONTENTS  OF  CHAPTER. 

ACT  2168.     Mosquito  Abatement  Districts. 

2169.     Prevention  of  Importation  or  Insects. 

MOSQUITO  ABATEMENT  DISTRICTS. 
ACT  2168 — An  act  to  provide  for  the  f onnation,  government,  operation  and  dissolution 
of  mosquito  abatement  districts  in  any  part  of  the  state,  to  facilitate  the  extermina- 
tion of  mcsquitos,  flies  and  other  insects;  and  to  provide  for  the  assessment,  levy, 
collection  and  disbursement  of  taxes  therein. 

History:    Approved  May  29,  1915.     In  effect  August  8,  1915.     Stats. 
1915,  p.  1011. 


Act  2168,  89 1-3  GENERAL.  LAWS.  112« 

Mosquito  abatement  districts. 

$  1.  Mosquito  abatement  districts  may  be  organized  and  incorporated  and  man- 
aged, as  herein  exi:)i-cssly  provided  and  may  exercise  the  powers  herein  expressly 
granted  or  necessarily  implied. 

^  2.  Any  county,  or  city  and  county,  or  portion  of  a  county,  or  city  and  county, 
whether  such  portion  includes  incorporated  territory  or  not,  in  the  state  of  Cali- 
fornia, having  a  population  of  not  less  than  one  hundred  inhabitants,  may  be  created 
a  mosquito  abatement  district  under  the  provisions  of  this  act  by  proceeding  as 
herein  provided. 

Petition.    Boundaries.    Publication. 

$  3.  A  petition,  which  may  consist  of  any  number  of  separate  instruments,  shall 
be  presented  at  a  regular  meeting  of  the  board  of  supervisors  of  the  county  in  which 
the  proposed  mosquito  abatement  district  is  located,  signed  by  the  registered  voters 
within  the  boundaries  of  the  proposed  district,  equal  in  number,  to  at  least  ten  per 
cent  of  the  number  of  votes  cast  in  said  proposed  district  for  the  office  of  governor 
of  this  state  at  the  last  general  election  prior  to  the  presenting  of  the  petition; 
provided,  that  where  one  or  more  municipal  corporations  or  part  thereof  is  included 
in  such  proposed  mosquito  abatement  district,  such  petition  must  be  signed  by  at 
least  ten  per  cent  of  the  qualified  electors  of  such  municipal  corporations  or 
part  thereof  and  of  the  unincorporated  territory  included  in  such  proposed  district, 
and  in  addition  thereto  the  common  council,  board  of  trustees  or  other  governing 
body  of  each  such  municipality  shall  by  resolution,  duly  authenticated,  request 
the  inclusion  of  such  incorporated  territory  in  such  district.  Such  petition  shall 
set  forth  and  describe  the  proposed  boundaries  of  such  district,  and  shall  pray  that 
the  same  be  created  under  the  provisions  of  this  act,  and  the  text  of  such  petition 
shall  be  published  for  at  least  two  weeks  before  the  time  at  which  the  same  is  to 
be  presented  in  a  newspaper  printed  and  published  in  such  county,  and  also  a 
newspaper  printed  and  published  in  each  municipal  corporation  or  part  thereof 
included  in  such  proposed  district,  and  if  there  be  no  newspaper  published  in  any 
such  municipal  corporation,  the  text  of  such  petition  shall  be  posted  for  the  same 
length  of  time  as  required  to  be  published,  in  three  public  places  within  such  muni- 
cipal corporation  or  part  thereof  included  in  such  proposed  district,  and  the  text 
of  such  petition  so  published  or  posted  shall  have  annexed  thereto  a  notice  stating 
the  time  of  the  meeting  of  the  board  of  supervisors  at  which  the  same  will  be 
presented.  When  contained  upon  more  than  one  instrument,  one  copy  only  of  such 
petition  need  be  published  and  posted.  No  more  than  five  of  the  names  attached  to 
said  petition  need  appear  in  such  publication  or  posting  of  said  petition  and  notice, 
but  the  number  of  signers  shall  be  stated. 

Hearing.    Establishment  of  boundaries. 

With  such  publication  there  shall  also  be  published,  and  if  posted,  there  shall  also 
be  posted,  a  notice  of  the  time  of  the  meeting  of  the  board  when  such  petition  will  be 
considered,  and  that  all  persons  interested  therein  may  then  appear  and  be  heard.  At 
such  time  the  board  of  supervisors  shall  hear  the  petition  and  those  appearing 
thereon,  and  also  all  protests  and  objections  to  the  same,  and  may  adjourn  such 
hearing  from  time  to  time  not  exceeding  two  months  in  all.  No  defect  in  the 
contents  of  the  petition  or  in  the  title  to  or  form  of  the  notice  or  signatures, 
or  lack  of  signatures  thereto,  shall  vitiate  any  proceedings  thereon,  provided  such 
petition  or  petitions  have  a  sufficient  number  of  qualified  signatures  attached  thereto. 
On  the  final  hearing  said  board  shall  make  such  changes  in  the  proposed  boundaries  as 
may  be  deemed  advisable  and  shall  define  and  establish  such  boundaries;  provided,  that 


1127  INSECTS.  Act  2168,  §  4 

if  said  board  deems  it  proper  to  include  therein  any  territory  not  included  within  the 
said  proposed  boundaries,  they  shall  first  cause  notice  of  their  intention  so  to  do,  to  be 
mailed  to  each  owner  of  land  within  said  territory  proposed  to  be  included  whose  name 
appears  as  such  on  the  last  completed  assessment  roll  of  the  county  or  city  and  county 
wherein  said  territory  lies,  addressed  to  such  owner  at  his  address  given  on  such 
assessment  roll,  or  if  no  address  is  so  given,  then  to  his  last  known  address;  or  if  it  be 
not  known,  then  at  the  county  seat  of  the  county  in  which  his  land  lies,  which  said 
notice  shall  describe  the  territory  so  proposed  to  be  included,  and  shall  fix  a  time,  not 
less  than  two  weeks  from  the  date  of  mailing  thereof,  when  all  persons  interested  may 
appear  before  said  board  and  be  heard ;  and  further  provided,  that  the  boundaries  lying 
within  a  municipal  corporation  shall  not  be  altered  unless  the  municipal  board  of  such 
municipal  corporation  shall,  by  resolution,  assent  to  the  alteration  of  such  boundaries 
therein. 

Determination  of  supervisors.    Finding  final.    Copy  filed  with  secretary  of  state. 

Upon  such  hearing  of  such  petition  the  board  shall  determine  whether  or  not  the 
public  necessity  or  welfare  of  the  proposed  territory  and  of  the  inhabitants  thereof 
requires  the  formation  of  such  district,  and  shall  also  determine  whether  or  not  said 
petition  complies  with  the  provisions  of  this  act,  and  for  that  purpose  must  hear  all 
competent  and  relevant  testimony  offered  in  support  of  or  in  opposition  thereto.  A 
finding  of  the  board  of  supervisors  in  favor  of  the  genuineness  and  sufficiency  of  the 
petition  and  notice  shall  be  final  and  conclusive  against  all  persons  except  the  state  of 
California,  upon  suit  commenced  by  the  attorney  general.  If,  from  the  testimony 
adduced  before  said  board,  it  appears  to  said  board  that  the  public  necessity  or  welfare 
requires  the  formation  of  such  district,  the  said  board  shall,  by  an  order  entered  on  its 
teinutes,  declare  such  to  be  its  finding,  and  shall  further  declare  and  order  that  the 
territory  within  the  boundaries  so  fixed  and  determined,  be  created  a  mosquito  abate- 
ment district,  under  an  appropriate  name  to  be  selected  by  said  board,  which  name  shall 
contain  the  words  "Mosquito  Abatement  District."  The  county  clerk  shall  imme- 
diately cause  to  be  filed  with  the  secretary  of  state  a  certified  copy  of  such  order  of  the 
bo.ard  of  supervisors,  and  from  and  after  the  date  of  the  filing  of  such  certified  copy, 
the  district  named  therein  shall  be  deemed  incorporated  as  a  mosquito  abatement  dis- 
trict, with  all  the  rights,  privileges  and  powers  set  forth  in  this  act,  and  necessarily 
incident  thereto. 

Board  of  trustees.    Term  of  office. 

$  4,  Within  thirty  days  after  the  said  filing  with  the  secretary  of  state  of  the  certifi- 
cate of  incorporation  of  said  district,  a  governing  board  of  trustees  for  said  district 
shall  be  appointed.  Said  board  shall  consist  of  one  trustee  to  be  appointed  from  said 
district  at  large  by  said  board  of  supervisors  and  of  one  trustee  to  be  appointed  from 
each  municipality  in  said  district  by  the  governing  board  of  such  municipality;  pro- 
vided, that,  if  the  board  of  trustees  thereby  created  shall  consist  of  less  than  five 
members,  then  the  board  of  supervisors  shall  appoint  from  such  district  at  large  enough 
additional  members  to  make  a  board  of  five  trustees.  The  governing  board  of  such  dis- 
trict shall  be  called  *  *  The  Board  of  Trustees  of Mosquito  Abatement 

District."  Each  trustee  appointed  by  a  municipal  board  shall  be  an  elector  of  the 
municipality  from  which  he  is  appointed,  and  each  appointee  of  the  board  of  super- 
visors shall  be  an  elector  of  the  district.  All  such  trustees  shall  hold  office  for  the 
term  of  two  years  from  and  after  the  second  day  of  the  calendar  year  succeeding  their 
appointment;  provided,  however,  that  the  first  board  of  trustees  appointed  under  the 
provisions  of  this  act  shall,  at  their  first  meeting,  so  classify  themselves  by  lot  that 
one-half  of  their  number,  if  the  total  membership  is  an  even  number,  and  if  uneven 


Act  2168.  §§  5-7  GENERAL   LAWS.  112S 

then  that  a  bare  majority  of  their  number,  shall  go  out  of  office  at  the  expiration  of  one         *  | 
year  and  the  remainder  at  the  expiration  of  two  years,  from  the  second  day  of  the 
calendar  year  succeeding  their  appointment. 

Meetings.     Compensation.     Quorum. 

^  5.  The  members  of  the  board  of  trustees  shall  meet  on  the  first  Monday  subsequent 
to  thirty  days  after  the  filing  with  the  secretary  of  state  of  the  certificate  of  incorpora- 
tion of  said  district  and  shall  organize  by  the  election  of  one  of  their  members  as 
president  and  one  thereof  as  secretary'.  The  members  of  the  board  shall  serve  without 
compensation  except  that  the  necessary  expenses  of  each  member  for  actual  traveling 
expenses  on  meetings  or  business  connected  with  said  board  shall  be  allowed  and  paid. 
In  event  of  the  resignation,  death  or  disability  of  any  member,  his  successor  shall  be 
appointed  by  the  board  of  supervisors,  if  such  board  originally  made  such  appointment, 
or  by  the  governing  board  of  the  appropriate  municipalitj',  if  such  appointment  were 
originally  made  by  the  board  of  a  municipality.  The  board  of  trustees  shall  provide 
for  the  time  and  place  of  holding  its  regular  meetings,  and  the  manner  of  calling  the 
same,  and  shall  establish  rules  for  its  proceedings.  Special  meetings  shall  be  called  by 
three  trustees  and  notice  of  the  holding  thereof  shall  be  given  to  each  member  at  least 
three  hours  before  the  meeting.  All  of  its  sessions,  whether  regular  or  special,  shall 
be  open  to  the  public  and  a  majority  of  the  members  of  the  board  shall  constitute  a 
quorum  for  the  transaction  of  business. 


Extermination  of  mosquitoes,  etc. 

$  6.  The  board  of  trustees  of  such  district  shall  have  power  to  take  all  necessary 
or  proper  steps  for  the  extermination  of  mosquitoes.  Hies  or  other  insects  Avithin  the  dis- 
trict, and  subject  to  the  paramount  control  of  the  municipal  or  other  public  authorities, 
to  abate  as  nuisances  all  stagnant  pools  of  water  and  other  breeding  places  for  mos- 
quitoes, flies  or  other  insects  within  the  district;  to  purchase  such  supplies  and  materials 
and  to  emplo}^  such  labor  as  may  be  necessary  or  proper  in  furtherance  of  the  objects 
of  this  act,  and  if  necessary  or  proper,  in  the  furtherance  of  the  same,  to  build,  con- 
struct and  thereafter  to  repair  and  maintain,  necessary  levees,  cuts,  canals  or  channels 
upon  any  land  within  the  district,  and  to  acquire  by  purchase,  condemnation  or  by  other 
lawful  means,  in  the  name  of  the  district,  any  necessar}'  lands,  rights  of  way,  easements, 
property  or  material  requisite  or  necessary  for  any  of  such  purposes;  to  make  contracts 
to  indemnify  or  compensate  any  owner  of  land  or  other  property  for  any  injury  or  dam- 
age necessarily  caused  by  the  exercise  of  the  powers  by  this  act  conferred  or  arising 
out  of  the  use,  taking  or  damage  of  such  property  for  any  of  such  purposes,  and  gen- 
erally to  do  any  and  all  things  necessary  or  incident  to  the  powers  hereby  granted  and 
to  carry  out  the  objects  specified  herein. 

Estimate  of  expenses.    Tax  levy. 

$  7.  The  board  of  trustees  of  each  mosquito  abatement  district  shall  at  least  fifteen 
days  before  the  first  day  of  the  month  in  which  the  board  of  supervisors  of  the  county, 
or  city  and  county,  in  which  such  district  is  situate,  is  required  by  law  to  levy  the 
amount  of  taxes  required  for  county,  or  city  and  county,  purposes,  furnish  to  the  board 
of  supervisors  and  to  the  county  auditor,  respectively,  an  estimate  in  writing  of  the 
amount  of  money  necessary  for  all  purposes  required  under  the  provisions  of  this  act 
during  the  next  ensuing  fiscal  year.  The  board  of  supervisors  of  such  county,  or  city 
and  county,  shall  thereafter,  at  the  time  and  in  the  manner  of  levying  other  county,  or 
city  and  county,  taxes,  levy  upon  all  of  the  taxable  property  within  the  district  and 
cause  to  be  collected  a  tax,  to  be  known  as  the  " Mosquito  Abate- 
ment District  Tax, ' '  the  maximum  rate  of  which  must  not  be  greater  than  suflScient  to 


T1^ 

I 


1129  INSECTS.  Act  2168,  §  8 

raise  the  amount  estimated  to  be  raised  by  the  said  board  of  trustees  of  the  district,  nor 
in  any  event  shall  such  tax  exceed  ten  cents  on  each  one  hundi'ed  dollars  of  taxable 
property  in  such  district. 

Election  on  tax  levy.    Ballots. 

Whenever  it  appears  to  the  board  of  trustees  of  such  district  that  the  amount  of 
funds  required  during  the  next  ensuing  fiscal  j'ear  shall  exceed  the  maximum  amount 
which  the  supervisors  are  authorized  to  levy  for  the  annual  district  tax,  as  hereinabove 
in  this  section  provided,  then  said  board  of  trustees  may  in  their  judgment  call  an  elec- 
tion and  submit  to  the  electors  of  the  district  the  question  of  whether  a  tax  shall  be 
voted  for  raising  the  necessary  additional  funds,  and  notice  thereof  shall  be  published 
for  at  least  four  weeks  prior  to  such  election  in  a  newspaper  printed  and  published  in 
such  district ;  provided,  that  no  particular  form  of  ballot  shall  be  required  nor  shall  any 
formalities  in  conducting  such  election  invalidate  the  same,  if  the  election  shall  have 
otherwise  been  fairly  conducted.    At  such  election  the  ballots  must  contain  the  words 

"Shall  the  district  vote  a  tax  to  raise  the  additional  sum  of  $ V    The  board 

of  trustees  shall  canvass  said  votes  cast  at  such  election  and  if  a  majority  of  the  votes 
east  are  in  favor  of  the  imposition  of  said  tax  the  board  of  trustees  must  report  the 
same  to  the  board  of  supervisors,  stating  the  additional  amount  of  money  required  to 
be  raised.  The  board  of  supervisors  shall  at  the  time  of  levying  the  county  taxes,  levy 
an  additional  tax  upon  all  of  the  taxable  property  in  the  district  voting  such  additional 
tax  sufficient  to  raise  the  amount  voted. 

Collection  of  taxes. 

All  taxes  levied  under  the  provision  of  this  section  shall  be  computed  and  entered 
on  the  county  assessment  roll  by  the  county  auditor,  and  collected  at  the  same  time 
and  in  the  same  manner  as  state  and  county  taxes;  and  when  collected  shall  be  paid 
into  the  county  treasury  for  the  use  of  the  district. 

Withdrawal  of  funds. 

The  funds  shall  be  withdrawn  from  the  county  treasury  upon  the  warrant  of  the 
board  of  trustees  of  such  district  signed  by  the  president  or  acting  president  of  the 
board,  and  countersigned  by  its  secretary. 

Annexation  of  territory.    Canvass  of  votes.    Property  in  cities. 

§  8.  Any  territory,  incorporated  or  unincorporated,  lying  adjacent  and  contiguous  to 
a  mosquito  abatement  district,  may  be  added  and  annexed  to  such  district,  at  anj''  time, 
upon  proceedings  being  had  and  taken  as  in  this  act  provided.  The  board  of  trustees 
of  si;ch  district,  upon  receiving  a  written  petition  therefor  containing  a  description  of 
the  new  territory  sought  to  be  annexed  to  such  district,  signed  by  the  owners  comprising 
more  than  one-half  of  the  assessed  value  of  such  territory  as  shown  by  the  last  county 
assessment-roll,  must  thereupon  submit  to  the  electors  of  the  district  and  also  to  the 
electors  residing  in  the  territory  sought  to  be  annexed,  the  proposition  of  whether 
such  proposed  territory'  shall  be  annexed  and  added  to  such  district.  The  proposition 
to  be  submitted  to  the  electors  at  such  election,  both  within  said  district  and  within  said 
territory  so  proposed  to  be  annexed,  shall  be  as  follows:  "For  annexation,"  or 
"Against  Annexation,"  or  words  equivalent  thereto.  Such  election  must  be  called 
and  held,  and  notice  thereof  shall  be  published  for  at  least  four  weeks  prior  to  such 
election  in  a  newspaper  printed  and  published  in  such  district,  and  also  in  a  newspaper 
printed  and  published  in  such  territory  so  proposed  to  be  annexed.  The  board  of 
trustees  shall  canvass,  separately,  the  votes  cast  within  said  district,  and  the  votes  cast 
within  said  territory  so  proposed  to  be  annexed,  and  if  it  shall  appear  from  such  can- 
vass that  a  majoi-ity  of  all  the  ballots  cast  in  such  district  and  a  majority  of  all  the 
ballots  cast  in  such  territory  so  proposed  to  be  annexed  are  in  favor  of  annexation,  the 


Act  2168,  §g  9, 10  GKNBRAL,  LAWS.  1130 

board  of  trustees  shall  certify  such  fact  to  the  secretary  of  state  describing  said  prop- 
erty proposed  to  be  annexed  and  upon  receipt  of  such  last  mentioned  certificate,  the 
secretary  of  state  shall  thereupon  issue  his  certificate  reciting  that  the  territory  (de- 

wribing  the  same)  has  been  annexed  and  added  to  the Mosquito  Abatement 

District  (naming  it),  and  a  copy  of  such  certificate  of  the  secretary'  of  state  shall  be 
transmitted  to  and  filed  with  the  county  clerk  of  the  county,  or  city  and  county,  in 
which  such  mosquito  abatement  district  is  situated.  From  and  after  the  date  of  such 
certificate  the  territory  named  therein  shall  be  deemed  added  and  annexed  to  and  form 
a  part  of  said  mosquito  abatement  district,  with  all  the  rights,  privileges  and  powers  set 
forth  in  this  act  and  necessarily  incident  thereto.  If  the  property  so  proposed  to  be 
annexed  is  included  within  a  municipality,  consent  to  such  annexation  shall  first  be 
obtained  from  the  governing  board  of  such  municipality,  and  an  authenticated  copy  of 
the  resolution  or  order  of  such  board  so  consenting  to  such  annexation,  shall  be  attached 
'-0  the  petition,  and  be  made  a  part  thereof. 

Dissolution  of  district.    Disposition  of  property. 

$  9.  The  district  may  at  any  time  be  dissolved  upon  the  vote  of  two-thirds  of  the 
qualified  electors  thereof,  upon  an  election  called  by  its  board  of  trustees  upon  the 
question  of  dissolution,  and  the  proposition  which  shall  be  submitted  to  the  electors  at 
such  election  shall  be  as  follows:  "Shall  the  district  be  dissolved?"  Such  election 
must  be  called  and  held;  and  notice  thereof  shall  be  published  for  at  least  four  weeks 
prior  to  such  election  in  a  newspaper  printed  and  published  in  such  districts.  If  two- 
thirds  of  the  votes  at  such  election  shall  be  in  favor  of  the  dissolution  of  the  district, 
the  board  of  trustees  shall  certify  such  fact  to  the  secretary  of  state,  and  upon  receipt 
of  such  last  mentioned  certificate,  the  secretary  of  state  shall  thereupon  issue  his  cer- 
tificate reciting  that  the  mosquito  abatement  district  (naming  it)  has  been  dissolved, 
and  a  copy  of  such  certificate  of  the  secretary  of  state  shall  be  transmitted  to  and  filed 
with  the  county  clerk  of  the  county,  or  city  and  county,  in  which  such  mosquito  abate- 
ment district  is  situated.  From  and  after  the  date  of  such  certificate  the  district  named 
therein  shall  be  deemed  disincorporated,  and  the  property  of  the  district  shall  thereupon 
vest  in  the  county,  or  city  and  county  wherein  said  district  is  situate,  if  the  district  at 
the  time  of  its  dissolution  comprises  unincorporated  territory  alone,  and  if  it  comprises 
incorporated  territory  alone,  or  partly  incorporated  and  partly  unincorporated  terri- 
tory, then  in  such  event  its  property  shall  be  ratably  apportioned  amongst  the  several 
municipalities  and  the  county,  or  city  and  county,  in  proportion  to  the  assessed  value 
of  the  property  included  within  said  district  as  shown  upon  the  last  county  assessment 
roll;  provided,  however,  that  any  real  property,  easements  or  rights  of  way,  belonging 
to  said  district  shall  in  such  event  remain  the  property  of  the  municipality  wherein  the 
same  is  situate,  if  situated  within  incorporated  territory,  otherwise  the  same  shall 
remain  the  property  of  the  county. 

Publication  of  notices.    Definitions. 

§  10.  Every  notice  herein  required  to  be  published  may  be  published  in  a  daily  or 
weekly  or  semi-weekly  newspaper;  and  if  there  is  no  daily  or  weekly  or  semi-weekly 
newspaper  published  within  the  district  or  within  a  subdivision  thereof  or  other  terri- 
tory wherein  the  same  is  required  to  be  published,  then  such  notice  shall  be  posted  for 
the  length  of  time  herein  required  for  the  publication  of  the  same  in  three  public  places 
of  such  district  or  such  subdivision  thereof  or  such  other  territory  as  the  case  may  be. 
The  term  "municipality,"  as  used  in  this  act,  shall  include  a  consolidated  city  and 
county,  city  or  town,  and  shall  be  understood  and  so  construed  as  to  include,  and  is 
hereby  declared  to  include,  all  corporations  heretofore  organized  and  now  existing,  and 
those  hereafter  organized,  for  municipal  purposes.    The  word  "district"  shall  apply, 


1131  INSECTS.  Act  216D,  §8  1-3 

unless  otherwise  expressed  or  used,  to  a  mosquito  abatement  district  formed  under  the 
provisions  of  this  act,  and  the  word  "trustees,"  and  the  words  "board  of  trustees," 
shall  apply  to  the  trustees  and  to  the  board  of  trustees  of  such  district. 

Constitutionality  of  act. 

§  11,  If  any  section,  subsection,  sentence,  clause  or  phrase  of  this  act  is  for  any  rea- 
son held  to  be  unconstitutional,  such  decision  shall  not  affect  the  validity  of  the  remain- 
ing portions  of  this  act.  The  legislature  hereby  declares  that  it  would  have  passed  this 
act,  and  each  section,  subsection,  sentence,  clause  and  phrase  thereof,  irrespective  of  the 
fact  that  any  one  or  more  other  sections,  subsections,  sentences,  clauses  or  phrases  be 
declared  unconstitutional. 

PREVENTION  OF  IMPORTATION  OF  INSECTS. 
ACT  2169 — An  act  to  prevent  the  importation  into  or  transportation  through  the  state 
of  California  of  insects  injurious  to  cultivated  crops,  providing  exemption  for  spe- 
cific scientific  purposes,  fixing  the  authority  to  grant  such  exemption  and  providing  a 
penalty  for  a  violation  of  the  terms  of  this  act. 

History:   Approved  May  5,  1917.    In  effect  July  27,  1917.    Stats.  1917, 
p.  271. 

Importation  of  injurious  insects  forbidden. 

$  1.  No  person,  firm  or  corporation  shall  bring  into  the  state  of  California,  nor  shall 
any  railroad,  steamship,  express  or  other  transportation  company  knowingly  transport 
into  the  state  of  California  from  any  state,  territory  or  district  in  the  United  States,  or 
from  any  foreign  country,  or  from  one  point  or  place  in  the  state  of  California  to  an- 
other point  or  place  therein,  any  cotton  boll  weevil,  gypsy  moth,  or  any  insect  in  a  live 
state  which  is  injurious  to  cultivated  crops,  or  the  eggs,  larvae  or  pupae  of  any  insect 
injurious  as  aforesaid,  except  when  brought  for  scientific  purposes  under  the  regula- 
tions hereinafter  provided  for;  nor  shall  any  person  bring  into  the  state  of  California 
from  any  state,  territory  or  district  in  the  United  States,  or  from  any  foreign  country, 
or  from  any  point  or  place  in  the  state  of  California  to  another  point  or  place  therein, 
except  for  scientific  purposes  under  the  regulations  as  hereinafter  provided  for,  any 
insect  in  a  live  state  which  is  injurious  to  cultivated  crops,  or  the  eggs,  larvae  or  pupae 
of  any  insect  injurious  as  aforesaid. 

Insects  for  scientific  purposes  exempted. 

§  2.  No  provision  in  this  act  shall  apply  to  the  transportation  or  moving  into  or 
through  the  State  of  California,  of  live  insects  for  scientific  purposes  under  the  rules 
and  regulations  promulgated  by  the  United  States  department  of  agriculture,  or  by  the 
state  commissioner  of  horticulture  of  California. 

Penalty. 

$  3.  Any  person,  firm  or  organization  who  shall  violate  the  provisions  of  section 
one  of  this  act  shall  be  guilty  of  a  misdemeanor. 

INSOLVENCY. 

See  "Bankruptcy  and  Insolvency." 


Act  2181,  §§  1.  a  GENERAL,  LAWS.  1133 

CHAPTER  165. 

INSURANCE. 

References:   Agents,  see  Kerr's  Cyc.  Political  Code,  §§  633,  et  seq. 

Benefit  societies,  see  tit.  "Benefit  Societies." 

Burning  insured  property,  see  Kerr's  Cyc.  Penal  Code,  §  548. 

Classification  of  business,  see  Kerr's  Cyc.  Political  Code,  §  594. 

False  proof  of  loss,  see  Kerr's  Cyc.  Penal  Code,  §  549. 

Firemen's  insurance,  see  tit.  "Fire  Department." 

Insurance  commissioner,  see  Kerr's  Cyc.  Political  Code,  §§  588,  et  se(l. 

Insurance  companies,  see  Kerr's  Cyc.  Political  Code,  §§  596,  et  seq. 

Insurance  corporations,  see  Kerr's  Cyc.  Civil  Code,  §§  414,  et  seq. 

Jute  goods,  insurance  of,  see  tit.  "Jute  Goods." 

Police  insurance,  see  tit.  "Police." 

State  property,  insurance  of,  see  tit.  "Harbor  Commissioners." 

Title  insurance,  see  tit.  "Titles." 

Workmen's  compensation  insurance,  see  tit.  "Master  and  Servant,"  Act  2781,  and  tit. 
"Industrial  Accident  Commission,"  Acts  2106,  2106a,  2106b. 
Editor's  Note. — All  acts  relating  to  the  formation  of  insurance  corporations  enacted 
prior  to  the  adoption  of  the  Civil  Code,  were  repealed  by  section  288  of  that  code,  except 
as  to  existing  corporations.  This  includes  a  number  of  early  acts,  beginning  with  that 
of  1851  (Stats.  1851,  p.  523),  which  were  not  repealed  or  otherwise  abrogated  prior  to 
the  enactment  of  the  code.  All  these  acts  have  been  omitted,  upon  the  theory  that, 
since  they  apply  only  to  corporations  formed  under  them,  prior  to  the  adoption  of  the 
code,  and  since  few,  or  probably  none,  of  these  corporations  exist,  the  acts  themselves 
are  obsolete.  As  to  acts  relating  to  the  conditions  of  doing  insurance  business,  and  the 
matter  of  insurance  regulation,  prior  to  the  adoption  of  the  code,  they  have  been 
repealed  or  superseded  mostly  by  the  code  and  amendments  thereto,  and  are  omitted 
for  that  reason. 

CONTENTS  OF  CHAPTER. 

ACT  2181.    Borrowing  Money  From  Insurance  Companies. 

2182.  Printing  Notice  of  Assessment  on  Policy  Coveb. 

2183.  County  Fire  Insurance  Companies  Act. 

2185.  Non-insurance  of  State  Property. 

2186.  Standard  Form  of  Fire  Insurance  Policy. 

2187.  Extending  Time  for  Filing  Insurance  Statement. 

2189.  Livestock  Insurance. 

2189a.  Standard  Form  of  Accident  and  Health  Policy. 

2190.  Mutual  Fire  Insurance  Companies. 

2192a.  Keciprocal  Indemnity  Insurance  Act  of  1917. 

2193,  Mutual  Workmen's  Compensation  Insurance  Companies, 

2194.  Misrepresenting  Terms  of  Insurance  Policy. 

2196.  Social  Insurance  Investigating  Commission. 

2197.  Guaranty  Surplus  and  Special  Eeserve  Funds, 
2199,    Liquidation  of  Delinquent  Insurance  Companies. 

BORROWING  MONEY  FROM  INSURANCE  COMPANIES. 

ACT  2181 — An  act  prohibiting  the  borrowing  of  money  from  an  insurance  company  by 

an  officer  of  such  company. 

History:    Approved  June  6,  1913.    In  effect  August  10,  1913.     Stats. 
1913,  p.  468, 

Officers  prohibited  from  borrowing  from  insurance  funds. 

$  1.     No  officer  of  any  insurance  company  shall  directly  or  indirectly,  for  himself  or 

as  a  partner  or  agent  for  others,  borrow  any  of  the  funds  of  such  insurance  company; 

provided,  however,  that  the  provisions  of  this  act  shall  not  be  construed  to  prevent  the 

borrowing  by  any  insured  upon  the  security  of  policies  of  insurance  in  accordance  with 

their  terms,  nor  prevent  agents  of  life  insurance  companies  from  receiving  advances 

under  their  agency  contracts. 

Penalty. 

^  2,     Any  officer  who  acts  in  violation  of  the  provisions  of  this  act  shall  be  guilty 
of  a  misdemeanor. 


II 


1133  INSIRANCEJ.  Acts  2183, 2183,  §§  1, 2 

PRINTING  NOTICE  OF  ASSESSMENTS  ON  POLICY  COVER. 
ACT  2182 — An  act  to  provide  for  a  notice  to  be  printed  on  the  cover  of  the  policies  of 
all  insurance  companies,  associations  or  societies  relating  to  future  assessments. 
History:    Approved  June  6,  1913.     In  effect  August  10,  1913.     Stats. 
1913,  p.  674. 

Notice  on  policies  Liable  for  assessments. 

$  1.  Every  insurance  policy  issued  in  this  state  under  the  terms  of  which  the  insured 
named  in  such  policy  is  liable  in  any  event  to  pay  an  assessment  in  addition  to  the 
premium  stated  in  the  policy,  shall  have  conspicuously  printed  upon  the  back  or  the 
outside  cover  thereof,  under  the  name  of  the  corporation,  association,  society  or  persons 
issuing  the  same,  in  plain  type,  the  words:  "Notice;  under  the  terms  of  this  policy 
insured  is  liable  for  future  assessments," 

Provided,  however,  that  the  provisions  of  this  section  shall  not  apply  to  any  policy 
of  a  mutual  fire  insurance  comjaany. 

Penalty. 

§  2.  On  a  violation  of  the  provisions  of  this  act  by  any  insurance  company,  associa- 
tion or  society,  the  insurance  commissioner  shall  forthwith  revoke  the  eertifieate  of 
authority  of  such  company,  association  or  society,  for  a  period  of  not  less  than  one  year. 

COUNTY  FIRE  INSURANCE  COMPANIES  ACT. 
ACT  2183 — To  provide  for  the  organization  and  management  of  county  fire  insurance 
companies. 

History:  Approved  April  1,  1897,  Stats.  1897,  p.  439.  Amended  (1) 
March  23,  1907,  Stats.  1907,  p.  941;  (2)  April  15,  1909,  Stats.  1909, 
p.  912;  (3)  May  1,  1911,  Stats.  1911,  p.  1339;  (4)  April  24,  1917,  in  effect 
July  27,  1917,  Stats.  1917,  p.  163;  (5)  May  26,  1917,  in  effect  July  27, 
1917,  Stats.  1917,  p.  943. 

Incorporation  of. 

^  1.  Any  number  of  persons,  not  less  than  twenty-five,  residing  in  any  county  in 
this  state,  owning  insurable  property  aggregating  not  less  than  fifty  thousand  dollars 
in  value,  which  they  desire  to  have  insured,  may  incorporate  for  the  purpose  of  mutual 
insurance  against  loss  or  damage  by  fire. 

Articles  of  incorporation.    Certificate. 

§  2.  Such  persons  shall  file  with  the  insurance  commissioner  a  declaration  of  their 
intention  to  incorporate  for  the  purposes  exj^ressed  in  section  one  of  this  act,  which 
declaration  shall  be  signed  by  all  of  the  incorporators,  and  shall  contain  a  copy  of  the 
articles  of  incorporation  proposed  to  be  adopted.  The  insurance  commissioner  shall 
examine  the  proiDOsed  articles  of  incorporation,  and  if  they  conform  to  this  act  he  shall 
deliver  to  such  persons  a  certificate  permitting  them  to  incorporate  as  such  insurance 
company.  Such  certificate  shall  be  directed  to  the  clerk  of  the  county  in  which  such 
corporation  is  proposed  to  be  organized,  and  shall  contain  a  copy  of  the  proposed 
articles  of  incorporation.  Upon  filing  with  the  secretary  of  state  the  certified  copies  of 
the  duly  executed  articles  of  incorporation,  as  required  by  section  two  hundred  and 
ninety  of  the  Civil  Code  of  the  state  of  California,  and  of  the  certificate  above  provided 
for,  the  secretary  of  state  shall  thereupon  issue  a  certificate  of  incorporation  to  such 
county  insurance  company,  and,  upon  organizing  under  such  articles  of  incorporation, 
such  county  fire  insurance  company  may  carry  on  a  fire  insurance  business  as  herein- 
after provided.  The  articles  of  incorporation  and  the  charter  or  certificate  obtained  by 
any  county  fire  insurance  company  operating  under  the  provisions  of  this  act  shall  be 
subject  to  the  control  and  modification  by  the  legislature  of  the  state  of  California. 
The  by-laws  and  all  amendments  thereto  shall  be  filed  with  the  insurance  commissioner 
within  sixty  (60)  days  after  their  adoption. 


Act  21S3,  §§  3-8  GENERAL.   LAWS.  1134 

Directors. 

$  3.  The  number  of  directors  shall  not  be  less  than  (7)  seven,  nor  more  than  eleven 
(11),  a  majority  of  whom  shall  constitute  a  quorum  to  do  business.  These  directors 
shall  be  elected  from  the  members  of  the  association  by  ballot,  and  shall  hold  office  for 
one  year,  or  until  their  successors  are  elected  and  qualified.  The  annual  meeting  of 
the  members  of  the  company  shall  be  on  the  second  Monday  in  January  of  each  year. 
In  the  election  of  the  first  board  of  directors  each  member  shall  be  entitled  to  one  vote. 
At  every  subsequent  election,  every  person  insured  shall  be  entitled  to  as  many  votes 
as  there  are  directors  to  be  elected,  and  an  equal  additional  number  for  every  risk  or 
risks  he  holds  in  the  company,  and  he  may  cast  the  same  in  person  or  by  proxy,  dis- 
tributing them  among  the  directors  to  be  elected,  or  among  a  less  number  of  directors, 
or  cumulating  them  upon  one  candidate,  as  he  shall  see  fit. 

Officers. 

$  4.  The  directors  shall  elect,  from  their  own  number,  a  president  and  a  vice-presi- 
dent, and  shall  also  elect  a  treasurer  and  a  secretary,  who  may  or  may  not  be  members 
of  the  company.  All  of  such  officers  hold  their  office  for  one  year  from  the  date  of  their 
election,  and  until  their  successors  are  elected  and  qualified. 

Bonds. 

■^  5.  The  treasurer  and  secretary  shall  give  bonds  to  the  company  for  the  faithful 
jjerformance  of  their  duties,  in  such  amounts  as  shall  be  prescribed  by  the  board  of 
directors. 

Powers.    By-laws. 

§  6.  Such  corporation  and  its  directors  shall  possess  the  usual  powers,  and  be  sub- 
ject to  the  usual  duties  of  corporations  and  directors  thereof,  and  may  make  such 
by-laws,  not  inconsistent  with  the  constitution  and  the  laws  of  this  state,  as  may  be 
deemed  necessary  for  the  management  of  its  affairs,  in  accordance  with  the  provisions 
of  this  act.  Also,  to  prescribe  the  duties  of  its  officers  and  to  fi^  their  compensation, 
and  to  alter  and  amend  its  by-laws,  when  necessaiy. 

Qualifications  for  members. 

$  7.  Any  person  owning  insurable  property  in  the  county  in  which  any  such  com- 
pany is  formed  or  any  person  owning  insurable  property  in  any  county  adjoining  the 
county  wherein  such  company  is  formed  as  hereinafter  provided,  may  become  a  member 
by  insuring  therein,  and  shall  be  entitled  to  all  the  rights  and  privileges  appertaining 
thereto;  but  no  person  not  residing  in  the  county  in  which  a  company  is  formed  shall 
become  a  director  of  such  a  company.  [Amendment  of  May  26, 1917.  In  effect  July  27, 
1017,  Stats.  1917,  p.  944.] 

What  may  be  insured.  Limitation.    Pro  rata  share  of  expense  and  loss. 

^  8.  Such  company  may  issue  policies  on  detached  dwellings,  schoolhouses,  churches, 
and  farm  buildings  (except  hotels  and  public  barns  or  garages) ;  and  such  property  as 
may  be  contained  therein;  also,  on  property  owned  by  the  assured  on  the  premises  or 
stored  in  public  or  private  warehouses  outside  the  corporate  limits  of  any  city  or  town; 
provided,  that  insurance  upon  personal  property  owned  by  the  insured  including  auto- 
mobiles and  live  stock  permitted  under  this  act,  shall  continue  in  full  force  and  effect 
during  the  use  or  transportation  thereof  in  the  ordinary  course  of  business  of  the 
insured  wherever  the  same  may  be  located  at  the  time  of  loss;  aU  for  any  time  not 
exceeding  five  years  and  not  to  extend  beyond  the  time  limited  for  the  existence  of  the 
charter;  provided,  however,  that  if  an  amount  in  excess  of  four  thousand  five  hundred 
dollars  subject  to  one  risk  or  hazard  be  written,  then  aU  in  excess  of  this  amount  must 
be  immediately  placed  with  or  reinsured  in  some  other  company;  provided,  also,  that 
no  company  that  has  been  organized  more  than  six  months  shall  write  insurance  subject 


II 


1136  insurance:.  Act  2183,  §S  9, 10 

to  one  fire  in  amount  exceeding  three  per  cent  of  the  total  amount  of  risks  or  hazards 
upon  the  books  of  any  such  company.  All  persons,  whose  property  is  so  insured,  shall 
grive  their  obligations  to  the  company  binding  themselves,  their  heirs  and  assigns  to  pay 
their  pro  rata  share  to  the  company  of  the  necessary  expense  and  loss  by  fire  which 
may  be  sustained  by  any  member  thereof  during  the  time  for  which  their  respective 
policies  are  written ;  and  they  shall  also  at  the  time  of  effecting  the  insurance  pay  such 
percentage  in  cash  and  such  other  charges  as  may  be  required  by  law  or  by  the  rules 
and  by-laws  of  the  company.  [Amendment  of  May  26,  1917.  In  effect  July  27,  1917. 
Stats.  1917,  p.  944.] 

Classifying  risks. 

§  9.  All  such  companies  must  classify  the  property  insured  therein  at  the  time  of 
issuing  policies  thereon  under  different  rates,  corresponding  as  nearly  as  may  be  to  the 
greater  or  less  risk  from  fire  loss  which  may  be  attached  to  the  several  kinds  of  prop- 
erty insured. 

Insuring  outside  county  and  in  municipalities. 

^  10.  No  such  company  shall  insure  any  property  beyond  the  limits  of  the  countv 
wherein  the  said  company  is  organized,  excepting  that  the  company  may  insure  in  any 
county  next  adjoining  the  county  wherein  such  company  is  organized.  No  such  com- 
pany shall  issue  policies  covering  on  property  in  excess  of  four  thousand  five  hundred 
dollars  on  any  one  risk  or  hazard  under  one  or  more  policies,  without  immediately 
reinsuring  the  excess  amount  in  some  other  company.  Nor  shall  any  such  company 
assume  a  risk  or  risks  on  property  situated  in  the  limits  of  any  city  or  town,  or  within 
any  closely  built  up  district,  within  any  one  block,  without  immediately  reinsuring  all 
in  excess  of  four  thousand  five  hundred  dollars.  Any  such  company  may  reinsure  or 
accept  reinsurance  in  any  company  operating  under  the  provisions  of  this  act,  and  not 
otherwise,  but  in  no  case  shall  the  reinsurance  taken  by  any  one  company  exceed  the 
amount  of  the  risk  written  by  the  company-  originating  the  business.  The  location, 
character  of,  and  number  of  risks  reinsured  shall  not  vary  from  that  permitted  in  the 
case  of  original  insurance.  Where  the  amount  of  insurance  covered  by  policies  already 
written  exceeds  four  thousand  five  hundred  dollars,  no  additional  insurance  shall  be 
written  by  such  company  on  farm  property,  within  a  radius  of  one  hundred  feet  and 
such  radius  shall  continue  at  not  less  than  seventy-five  feet  during  the  life  of  the 
policy,  nor  shall  any  risk  be  taken  on  any  building  closer  than  one  hundred  feet  to  any 
business  property,  nor  shall  any  insurance  be  written  by  any  such  company  on  city 
or  country  property  in  excess  of  seventy-five  per  cent  of  its  actual  cash  value  and  no 
additional  insurance  shall  be  allowed. 

Terms  defined. 

For  the  purpose  of  this  act  "a  city  or  town  block"  shall  be  construed  to  be  an  area 
having  at  least  one  frontage  in  a  closely  built  up  district  fronting  on  a  used  public 
street  or  highway,  surrounded  on  all  sides  by  a  clear  space  at  least  equal  in  width  to 
the  clear  space  of  such  public  street  or  highway  and  containing  an  area  of  not  more 
than  one  hundred  sixty  thousand  square  feet. 

"Closely  built  up  district"  shall  mean  territory  on  the  line  of  a  public  highway  or 
street  or  block  or  blocks  where  for  not  less  than  a  quarter  of  a  mile  the  dwelling  houses 
and  business  structures  average  less  than  one  hundred  feet  apart. 

"One  risk"  means  one  hazard  vinder  one  or  more  policies,  subject  to  one  fire  and 
relates  to  the  amount  named  in  the  policy  or  policies. 

"Clear  space"  means  space  free  from  combustible  material  likely  to  communicate 
fire.    [Amendment  of  May  26, 1917.    In  effect  July  27, 1917.    Stats.  1917,  p.  944.] 

This  section  was  also  amended  March  23,  1907,  Stats.  1907,  p.  941;  April  15,  1909,  Stats. 
1909,  p.  912;  May  1,  1911,  Stats.  1911,  p.  1339. 


Act  2183,  §§  11-13  GENERAL   LAWS.  X1S« 

Adjnstment  of  losses.    Arbitration. 

^  11.  Every  member  of  such  company  who  may  sustain  loss  or  damage  by  fire  shall 
immediately  notify  the  president,  or  in  his  absence,  the  secretary  thereof,  stating  the 
amount  of  damage  or  loss  sustained  or  claimed,  and  if  not  more  than  fifteen  hundred 
dollars,  then  the  president  and  secretary  shall  proceed  to  ascertain  the  amount  of  such 
/loss  or  damage  and  adjust  the  same.  If  the  claim  for  damage  or  loss  be  for  an  amount 
greater  than  fifteen  hundred  dollars,  then  the  president  of  such  company,  or  in  his 
absence,  the  vice-president,  or  in  the  absence  of  both,  the  secretary  thereof,  shall  forth- 
with convene  the  board  of  directors  of  such  company,  whose  duty  it  shall  be  when  con- 
vened, to  appoint  a  committee,  of  not  less  than  three  disinterested  members  of  said 
company,  to  ascertain  the  amount  of  such  damage  or  loss.  If  in  either  case  there  is  a 
failure  of  the  parties  to  agree  upon  the  amount  of  such  damage  or  loss  they  may  submit 
the  question  of  the  amount  of  such  loss  to  arbitration,  and  in  that  event  the  president 
of  the  company  shall  appoint  one  disinterested  person  to  act  as  an  arbitrator,  and  the 
claimant  or  insured  shall  appoint  another,  and  if  such  two  arbitrators  fail  to  agree 
upon  the  amount  of  such  loss,  then  they  shall  select  a  third  disinterested  person  to  act 
with  them,  and  such  arbitrators  so  appointed  shall  have  full  authority  to  examine  wit- 
nesses and  to  do  all  other  things  necessary  to  the  proper  determination  of  the  amount 
of  loss  sustained  by  the  claimant,  and  shall  make  their  award  in  writing  to  the  presi- 
dent of  the  company,  and  to  the  insured,  and  such  award  so  as  aforesaid  made,  shall 
be  final  as  to  the  amount  of  the  loss  sustained.  The  pay  of  said  committee  shall  be 
three  dollars  per  day  for  each  day's  services  so  rendered,  and  five  cents  for  each  mile 
necessarily  traveled  in  the  discharge  of  their  duties,  which  shall  be  paid  by  the  claim- 
ant unless  the  award  of  such  committee  shall  exceed  the  sum  offered  by  the  company 
in  liquidation  of  such  loss  or  damage,  in  which  case  such  expense  shall  be  paid  by  the 
company.     [Amendment  of  April  15,  1909.    Stats.  1909,  p.  912.] 

This  section  was  also  amended  March  23,  1907,  Stats.  1907,  p.  941. 

Assessments  for  deficiency.    Loans  to  meet  losses  not  over  certain  amount. 

^  12.  When  the  amount  of  any  loss  shall  have  been  ascertained,  which  exceeds  in 
amount  the  cash  funds  of  the  company,  the  president  shall  convene  the  directors  of 
said  company,  who  sliall  make  an  assessment  upon  all  of  the  property  to  the  amount  for 
which  each  several  piece  of  property  is  insured,  taken  in  connection  with  the  rate  of 
premium  under  which  it  may  be  classified;  except  when  the  amount  of  such  loss  or 
losses  does  not  exceed  one-eighth  of  one  per  cent  of  the  total  amount  of  insurance  in 
force  in  any  county  fire  insurance  company,  then  and  in  such  event  the  directors  of 
said  company  may,  by  resolution  in  writing,  signed  by  two-thirds  of  said  directors  in 
meeting  assembled,  borrow  in  the  name  of  said  company  and  give  said  compan}'  's  note 
or  other  evidence  of  indebtedness  therefor,  in  an  amount  or  amounts  whose  total  shall 
not  exceed  one-eighth  of  one  per  cent  of  the  total  amount  of  insurance  in  force  in  said 
company.  The  term  of  said  loan  or  loans  shall  not  be  for  a  greater  period  than  twelve 
months  nor  shall  the  date  of  maturity  be  in  excess  of  thirty  days  bej'ond  the  date  of 
the  annual  meeting  of  said  company;  provided,  further,  that  the  board  of  directors 
may  at  their  annual  meeting  levy  an  assessment  not  to  exceed  twenty-five  cents  on  the 
one  hundred  dollars  on  first  class  insurance  and  a  pro  rata  amount  on  other  classes,  and 
said  sum  so  raised  shall  constitute  a  reserve  fund  to  be  used  in  emergency  cases  only 
and  another  assessment  for  this  fund  shall  not  be  made  while  this  reserve  fund  remains 
intact.    [Amendment  of  April  24, 1917.    In  effect  July  27,  1917.    Stats.  1917,  p.  163.] 

This  section  was  also  amended  March  23,  1907,  Stats.  1907,  p.  941. 

Notice  of  assessments. 

^  13.  It  shall  be  the  duty  of  the  secretary,  whenever  such  an  assessment  shall  have 
been  made,  to  immediately  notify  every  person  holding  a  risk  in  such  company,  per- 


1137  INSIRANCE.  Act  2183,  §§  14-18'/^ 

sonally,  by  an  agent,  or  by  letter  directed  to  his  usual  postofBee  address,  of  the  amount 
of  such  loss,  and  the  sum  due  from  him,  as  his  share  thereof,  and  of  the  time  and  to 
whom  such  pa3rment  is  to  be  made;  but  such  time  shall  not  be  less  than  thirty  days, 
nor  more  than  ninety  days,  from  the  date  of  such  notice. 

Action  for  neglect  or  refusal  to  pay  assessment. 

§  14.  An  action  may  be  brought  against  any  member  of  such  company  who  shall 
neglect  or  refuse  to  pay  any  assessment  made  upon  him  by  the  provisions  of  this  act, 
or  other  liabilities  due  the  company,  and  the  directors  of  any  company  so  formed  who 
shall  willfully  refuse  or  neglect  to  perform  the  duties  imposed  upon  them  by  law  or  by 
the  by-laws  of  the  company  shall  be  liable  in  their  individual  capacity  to  the  person 
sustaining  such  laws.  An  action  may  also  be  brought  and  maintained  against  any  such 
company  by  members  thereof  for  losses  sustained  if  payment  is  withheld  after  the 
amount  of  such  losses  have  been  determined,  and  is  due  by  the  terms  of  the  policy. 

Annual  statement. 

$  15.  It  shall  be  the  duty  of  the  secretary  to  prepare  an  annual  statement,  showing 
the  condition  of  such  company  on  the  thirty-first  day  of  December,  and  present  the  same 
at  the  annual  meeting. 

Withdrawals. 

§  16,  Any  member  of  such  company  may  withdraw  therefrom  by  surrendering  his 
policy  for  cancellation  at  any  time  while  the  organization  continues  the  business  for 
which  it  was  organized,  by  giving  notice  in  writing  to  the  secretary  thereof,  and  paying 
his  share  of  all  claims  that  may  exist  against  such  company;  provided,  that  the  com- 
pany shall  have  power  to  cancel  or  terminate  any  policy  by  giving  the  insured  five 
days'  written  notice  to  that  effect,  and  returning  to  him  any  excess  of  premium  he  may 
have  paid  during  the  term  of  the  policy  over  the  cost  of  his  insurance  as  measured  by 
the  rules  or  methods  of  standard  fire  insurance  companies  doing  business  in  this  state. 
[Amendment  of  April  24,  1917.    In  effect  July  27,  1917.    Stats.  1917,  p.  164.] 

Report  of  officers. 

§  17.  It  shall  be  the  duty  of  the  president  and  secretary,  within  thirty  days  after 
the  first  day  of  January  in  each  year,  to  prepare,  under  their  OAvn  oath,  and  transmit  to 
the  insurance  commissioner,  a  statement  of  the  condition  of  the  company  on  the  last  day 
of  the  month  next  preceding  the  annual  meeting.  If,  upon  examination,  the  insurance 
commissioner  finds  that  such  companj'  is  doing  business  correctly,  in  accordance  with 
the  provisions  of  this  act,  he  shall  thereupon  furnish  the  company  his  certificate,  which 
shall  be  deemed  authority  to  continue  business  during  the  ensuing  year,  subject,  how- 
ever, to  the  provisions  of  this  act.  For  such  examination  and  certificate  the  company 
shall  pay  one  dollar.  Each  company  shall  pay,  at  the  time  of  organization,  five  dollars 
to  the  insurance  commissioner,  for  all  services  which  he  shall  render  in  the  matter  of 
organization. 

Dissolution. 

§  18.  Any  such  company  may  be  proceeded  against  and  dissolved  in  the  manner  and 
upon  the  same  conditions  as  provided  in  case  of  other  insurance  companies  incorporated 
in  this  state. 

Form  of  county  fire  insurance  policy. 

$  18^/2.  The  following  is  adopted  as  a  standard  form  of  county  fire  insurance  com- 
pany 's  policy  for  the  state  of  California, 

Gen.  Laws — 72 


Act  21S3  GENERAL   LAW^S.  USS 

Standard  form  of  county  fire  insurance  company's  policy. 

CALIFOENIA  STANDARD  FORM  COUNTY  FIRE  INSURANCE  POLICY. 

No Amount  $ 

Rate 

No  other  insurance  permitted  except  by  agreement  endorsed  hereon  or  added  hereto. 

(Here  insert  name  of  company,  and  place  of  its  main  office  in  California,  and  name 
of  the  county  in  which  incorporated  or  organized.) 

By  this  policy  of  insurance  the of .county, 

in  consideration  of dollars,  and  the  obligation  as  described  herein  and 

in  application,  does  accept  as  a  member  and  insures against 

loss  or  damage  by  fire  during  a  term  of years,  commencing  at  noon  on 

the day  of ,  one  thousand  nine  hundred  and , 

and  terminating  at  noon  on  the day  of ,  one  thousand  nine  hun- 
dred and ,  to  the  amount  of dollars. 

On  the  following  property,  to  wit : 

(Blank  space  for  the  attachment  of  forms.) 

For  a  more  particular  description,  and  as  forming  a  part  of  this  policy,  reference  is 
had  to  application  No on  file  in  the  office  of  this  company. 

This  company  will  not  be  liable  beyond  the  actual  cash  value  of  the  interest  of  the 
insured  in  the  property  at  the  time  of  loss  or  damage  nor  exceeding  what  it  would  then 
cost  the  insured  to  repair  or  replace  the  same  with  material  of  like  kind  and  quality; 
said  cash  value  to  be  estimated  without  allowance  for  any  increased  cost  of  repair  or 
reconstruction  by  reason  of  any  ordinance  or  law  regulating  repair  or  reconstruction 
of  buildings,  and  without  compensation  for  loss  resulting  from  interruption  of  business 
or  manufacture. 

This  policy  is  made  and  accepted  subject  to  the  foregoing  stipulations  and  conditions 
and  those  hereinafter  stated,  which  are  hereby  specifically  referred  to  and  made  a  part 
of  this  policy,  together  with  such  other  provisions,  agi'eements  or  conditions  as  may 
be  endorsed  hereon  or  added  hereto,  and  no  officer,  agent,  or  other  representative  of 
this  company  shall  have  power  to  waive  any  provision  or  condition  of  this  policy 
except  by  writing  endorsed  hereon  or  added  hereto,  and  no  person  unless  duly  authorized 
in  writing  shall  be  deemed  the  agent  of  this  company. 

The  charter  and  by-laws  of  this  company  are  to  be  resorted  to  and  used  to  explain 
the  rights  and  obligations  of  the  parties  hereto  in  all  cases  not  herein  otherwise  espe- 
cially provided  for,  and  are  hereby  made  a  part  of  this  policy.  This  policy  is  made 
and  accepted  upon  the  above  expressed  condition. 

This  policy  shall  not  be  valid  until  countersigned  by  the  duly  authorized  secretary 
of  the  company  at ,  California. 

IN  WITNESS  WHEREOF,  this  company  has  executed  and  attested  these  presents 
(here  insert  name  of  company)  by 


President. 

Countersigned  at California,   this day 

of ,  one  thousand  nine  hundred  and 


Secretary. 
Stipulations  and  conditions. 

STIPULATIONS  AND  CONDITIONS  SPECIFICALLY  REFERRED  TO. 
Property  not  covered,    (a)  This  company  shall  not  be  liable  for  loss  to  accounts,  bills, 
currency,  evidence  of  debt  or  ownership  of  other  documents,  money,  notes,  or  securi- 
ties; nor  (b)  unless  liability  is  specifically  assumed  hereon,  for  the  loss  to  bullion,  casts, 
curiosities,  drawings,  dies,  jewels,  manuscripts,    medals,    models,    patterns,    pictures, 


1139  insurance:.  Act  2183 

scientific  apparatus,  business  or  store  or  office  furniture  or  fixtures,  sculptures,  frescoes 
and  decorations,  or  property  held  on  storage  or  for  repair. 

Hazards  not  covered.  This  company  shall  not  be  liable  for  loss  by  (a)  theft,  or 
(b)  neglect  of  the  insured  to  use  all  reasonable  means  to  save  and  preserve  the  property 
at  and  after  a  fire,  or  when  the  property  is  endangered  by  fire;  or  (c)  (unless  fire 
ensues,  and  in  that  event  the  damage  by  fire  only),  by  explosion  of  any  kind  or  light- 
ning; or  (d)  by  invasion,  insurrection,  riot,  civil  war,  or  commotion,  or,  (except  as 
hereinafter  provided),  by  military  or  usurped  power,  or  order  of  any  civil  authority, 
but  the  company  will  be  liable,  unless  otherwise  provided  by  endorsement  hereon  or 
added  hereto,  if  the  property  is  lost  or  damaged,  by  fire  or  otherwise,  by  civil  authority 
or  military  or  usurped  power  exercised  to  prevent  the  spread  of  fire  not  originating  from 
a  cause  excepted  hereunder  and  which  fire  otherwise  probably  would  have  caused  the 
loss  of  or  damage  to  the  insured  property.    • 

Matters  voiding  policy. 

Matters  avoiding  policy.  This  entire  policy  shall  be  void,  (a)  if  the  insured  has  con- 
cealed or  misrepresented  any  material  fact  or  circumstances  concerning  this  insurance 
or  the  subject  thereof;  or  (b)  in  case  of  any  fraud  or  false  swearing  by  the  insured 
touching  any  matter  relating  to  this  insurance  or  the  subject  thereof,  whether  before 
or  after  loss. 

Unless  otherwise  provided  by  agreement  endorsed  hereon  or  added  hereto  this  entire 
policy  shall  be  void,  (a)  if  the  insured  now  has  or  shall  procure  any  other  insurance, 
whether  valid  or  not,  on  property  covered  in  whole  or  in  part  by  this  policy,  or  (b)  if 
the  interest  of  the  insured  be  other  than  unconditional  and  sole  ownership,  or  (c)  if  the 
subject  of  insurance  be  a  building  on  ground  not  owned  by  the  insured  in  fee  simple,  or 
(d)  if  with  the  knowledge  of  the  insured  foreclosure  proceedings  be  commenced  or 
notice  given  of  sale  of  any  property  covered  by  this  policy  by  virtue  of  any  mortgage 
or  trust  deed,  or  (e)  if  this  policy  be  assigned  before  a  loss. 

Matters  suspending  insurance. 

Matters  suspending  insurance.  Unless  otherwise  provided  by  agreement  endorsed 
hereon  or  added  hereto  this  company  shall  not  be  liable  for  loss  or  damage  occurring 
(a)  while  the  hazard  be  materially  increased  by  any  means  within  the  control  of  the 
insured;  or  (b)  if  the  subject  of  insurance  be  a  manufacturing  establishment,  while  it 
is  operated  in  whole  or  in  part  at  night  later  than  ten  o'clock  or  while  it  ceases  to  be 
operated  beyond  the  period  of  ten  consecutive  days;  or  (c)  while  mechanics  or  artisans 
are  employed  in  building  or  altering  or  repairing  the  described  premises  for  more  than 
fifteen  days  at  any  one  time;  or  (d)  while  illuminating  gas  or  vapor  be  generated  in  the 
described  building  (or  adjacent  thereto)  for  use  therein;  or  (e)  while  there  be  kept,  used 
or  allowed  on  the  described  premises  (any  usage  or  custom  of  trade  or  manufacture  to 
the  contrary  notwithstanding),  calcium  carbide,  phosphorus,  dynamite,  nitroglycerine, 
fireworks  or  other  explosives  or  exceeding  one  quart  each  of  benzine,  gasoline,  naphtha 
or  ether;  or  more  than  twenty-five  pounds  of  gunpowder;  or  (f)  while  a  building  herein 
described  whether  intended  for  occupation  by  owner  or  tenant  is  vacant  or  unoccupied 
beyond  the  period  of  ten  (10)  consecutive  days;  (g)  while  the  interest  in,  title  to  or  pos- 
session of  the  subject  of  insurance  is  changed  excepting;  (1)  by  death  of  the  insured; 
(2)  change  of  occupancy  of  building  without  material  increase  of  hazard^  and  (3) 
transfer  by  one  or  more  several  co-partners  or  co-owners  to  the  others. 

Such  suspension  shall  not  extend  beyond  the  term  of  this  policy  nor  create  any  right 
for  refund  of  the  whole  or  any  portion  of  premium,  nor  affect  the  respective  rights  of 
cancellation. 


Act  3183  GENERAL,   LAAVS.  1146 

Chattel  mortgage. 

Chattel  mortgage.  Unless  otherwise  provided  by  agreement  in  writing  endorsed 
hereon  or  added  hereto  this  company  shall  not  be  liable  for  loss  or  damage  to  any  prop- 
erty insured  hereunder  while  encumbered  by  a  chattel  mortgage,  but  the  liability  of 
the  company  upon  other  property  hereby  insured  shall  not  be  a:ffected  by  such  chattel 
mortgage. 

Fallen  building  clause. 

Fallen  building  clause.  Unless  otherwise  provided  by  agreement  endorsed  hereon  or 
added  hereto,  if  a  building  or  any  material  part  thereof  fall,  except  as  the  result  of 
fire,  all  insurance  by  this  policy  on  such  building  or  its  contents  shall  immediately  cease. 

Removal  when  endangered  by  fire. 

Removal  Avhen  endangered  by  fire.  Should  any  of  said  property  be  necessarily 
removed  because  of  danger  from  fire,  and  there  is  no  other  insurance  thereon,  that 
part  of  this  policy  in  excess  of  the  value  of  the  insured  property  remaining  in  the 
original  location,  or,  if  there  is  other  insurance  thereon,  that  part  of  this  policy  in 
excess  of  its  proportion  of  the  value  of  the  insured  property  remaining  in  the  original 
location,  shall,  for  the  ensuing  five  days  only,  cover  the  said  removed  property  in  its 
new  location  or  locations. 

Cancellation. 

Cancellation.  This  policy  may  be  canceled  and  the  insured  as  a  member  of  this  com- 
pany may  withdraw  therefrom  by  the  insured  surrendering  his  policy  for  cancellation 
at  any  time  while  the  company  continues  the  business  for  which  it  was  organized,  by 
giving  notice  in  writing  to  the  secretary  thereof  and  paying  his  share  of  all  claims  that 
may  exist  against  this  company;  provided,  that  this  company  shall  have  power  to  cancel 
or  terminate  any  policy  by  giving  the  insured  five  days'  written  notice  to  that  effect 
and  returning  to  him  any  excess  of  premium  he  may  have  paid  during  the  term  of  the 
policy,  over  the  cost  of  his  insurance  as  measured  by  the  rate  of  standard  fire  insurance 
companies  doing  business  in  this  state. 

Adjustment  of  losses. 

Adjustment  of  losses — arbitration.  The  insured  who  may  sustain  loss  or  damage  by 
fire  shall  immediately  notify  the  president,  or  in  his  absence,  the  secretary'  of  this  com- 
pany, stating  the  amount  of  damage  or  loss  sustained  or  claimed  and  if  not  more  than 
one  thousand  five  hundred  dollars  then  the  president  and  secretary  shall  proceed  to 
ascertain  the  amount  of  such  loss  or  damage  and  adjust  the  same.  If  the  claim  for  dam- 
age or  loss  be  for  an  amount  greater  than  one  thousand  five  hundred  dollars,  then  the 
president  of  this  company,  or  in  his  absence,  the  vice-president,  or  in  the  absence  of 
both  the  secretary  thereof,  shall  forthwith  convene  the  board  of  directors  of  said  com- 
pany, whose  duty  it  shall  be  when  convened,  to  appoint  a  committee  of  not  less  than 
three  disinterested  members  of  this  company,  to  ascertain  the  amount  of  such  damage 
or  loss.  If  in  either  case  there  is  a  failure  of  the  parties  to  agree  upon  the  amount  of 
such  damage  or  loss  they  may  submit  the  question  of  the  amount  of  such  loss  to  arbi- 
tration, and  in  that  event  the  president  of  the  company  shall  appoint  one  disinterested 
person  to  act  as  an  arbitrator,  and  the  claimant  or  insured  shall  appoint  another,  and 
if  such  two  arbitrators  fail  to  agree  upon  the  amount  of  such  loss,  then  they  shall  select 
a  third  disinterested  person  to  act  with  them  and  such  arbitrators  so  appointed  shall 
have  full  authority  to  examine  witnesses  and  to  do  all  other  things  necessary'  to  the 
proper  determination  of  the  amount  of  loss  sustained  by  the  claimant,  and  shall  make 
their  award  in  writing  to  the  president  of  the  company  and  to  the  insured,  and  such 
award,  so  as  aforesaid  made,  shall  be  final  as  to  the  amount  of  loss  sustained.    The  pay 


.141  INSIRAIVCE.  Act  3183 

of  said  committee  shall  be  three  dollars  per  day  for  each  day's  services  so  rendered  and 
five  cents  for  each  mile  necessarily  traveled  in  the  discharge  of  their  duties,  which  shall 
be  paid  by  the  claimant  unless  the  award  of  such  committee  shall  exceed  the  sum  offered 
by  the  company  in  liquidation  of  such  loss  or  damage,  in  which  case  such  expense  shall 
be  paid  by  the  company. 

Option  of  company  in  case  of  loss. 

Option  of  company  in  case  of  loss.  This  company  may,  at  its  option,  take  all  or  any 
part  of  the  property  for  which  insurance  hereunder  is  claimed  at  its  ascertained  or 
appraised  value,  and  may  also,  at  its  option,  in  satisfaction  of  its  liability  hereunder, 
repair,  rebuild,  or  replace  any  building  or  structure  or  machine  or  machinery  used 
therein,  with  other  of  like  kind  and  quality,  within  a  reasonable  time,  upon  giving  notice 
within  twenty  days  of  its  intention  so  to  do  after  the  receipt  by  it  of  the  preliminary 
l^roof  of  loss,  or,  if  verified  amendments  have  been  requested,  within  twenty  days  after 
their  receipt,  or,  within  twenty  days  after  the  receipt  of  an  affidavit  that  the  insured  is 
unable  to  furnish  such  amendments.  There  can  be  no  abandonment  to  this  company  of 
any  property. 

Apportionment  of  loss. 

Apportionment  of  loss.  This  company  shall  not  be  liable  under  this  policy  for  a 
greater  proportion  of  any  loss  on  the  described  property,  or  for  loss  by,  and  expense  of, 
removal  from  the  premises  endangered  by  fire,  than  the  amount  hereby  insured  bears  to 
the  entire  insurance  covering  such  property  whether  valid  or  not,  or  by  solvent  or 
insolvent  insurers. 

Assessment  for  deficiency. 

Assessment  for  deficiency.  When  the  amount  of  any  loss  shall  have  been  ascertained, 
which  exceeds  in  amount  the  cash  funds  of  the  company,  the  president  shall  conveiie  the 
directors  of  this  company,  who  shall  proceed  in  the  manner  as  provided  in  section  twelve 
of  this  act. 

Notice  of  assessment. 

Notice  of  assessment.  It  shall  be  the  duty  of  the  secretary,  whenever  assessment  shall 
have  been  made,  to  immediately  notify  every  person  holding  a  risk  in  this  company, 
personally,  by  an  agent,  or  by  letter  directed  to  his  usual  postoffice  address,  of  the 
amount  of  such  loss,  and  the  sum  due  from  him,  as  his  share  thereof,  and  of  the  time 
and  to  whom  such  payment  is  to  be  made;  but  such  time  shall  not  be  less  than  thirty 
days,  nor  more  than  ninety  days  from  date  of  such  notice. 

Action  for  neglect  to  pay  assessments. 

Action  for  neglect  or  refusal  to  pay  assessments.  An  action  may  be  brought  against 
the  member  whose  property  is  insured  herein  and  this  policy  is  automatically  suspended 
if  the  insured  shall  not  have  paid,  before  it  is  delinquent,  his  portion  of  any  assessment 
levied  or  other  liability  due  this  company  for  a  period  in  excess  of  ninety  days.  The 
directors  of  this  company  who  shall  willfully  refuse  or  neglect  to  perfonn  the  duties 
imposed  upon  them  by  law  or  the  by-laws  of  the  company,  shall  be  liable  in  their  indi- 
vidual capacity  to  the  person  sustaining  such  loss.  An  action  may  also  be  brought  and 
maintained  against  this  company  by  members  thereof  for  losses  sustained  if  payment 
is  withheld  after  the  amount  of  such  losses  have  been  determined  and  is  due  by  the  terms 
of  the  policy. 

Non-waiver  by  appraisal. 

Non-waiver  by  appraisal  or  examinntion.  This  company  shall  not  be  held  to  have 
waived  any  provision  or  condition  of  this  policy  or  anj-  forfeiture  thereof,  by  assenting 


Act21S3  GKIVERAL.  LAWS.  1142 

to  the  amount  of  the  loss  or  damage  or  by  any  requirement,  act  or  proceeding  on  its 
part  relating  to  the  appraisal  or  to  any  examination  herein  provided  for. 

Subrogation. 

Subrogation.  If  this  company  shall  claim  that  the  fire  was  caused  by  the  act  of  any 
person  or  corporation,  this  company  shall,  upon  payment  of  the  loss  be  subrogated  to  the 
extent  of  such  payment  to  all  right  of  recovery  by  the  insured  for  the  loss  resulting 
therefrom,  and  such  right  shall  be  assigned  to  this  company  by  the  insured  on  receiving 
such  payment. 

Time  for  commencement  of  action. 

Time  for  commencement  of  action.  No  suit  or  action  on  this  policy  for  the  recovery 
of  any  claim  shall  be  sustained,  until  after  full  compliance  by  the  insured  with  all  of 
the  foregoing  requirements,  nor  unless  begun  within  fifteen  months  next  after  the  com- 
mencement of  the  fire. 

Definitions. 

Definitions.  Wherever  in  this  policy  the  word  "insured"  occurs,  it  shall  be  held  to 
include  the  legal  representatives  of  the  insured  in  case  of  death,  and  wherever  the 
word  "loss"  occurs,  it  shall  be  deemed  the  equivalent  of  "loss  or  damage,"  and  wher- 
ever the  words  "the  time  of  loss  or  damage"  are  used  they  shall  be  deemed  the  equiva- 
lent of  "the  time  of  the  commencement  of  the  fire." 

There  shall  be  printed  on  the  outside  fold  of  said  policy  in  type  not  smaller  than  small 
pica  the  following  words  in  this  form : 

READ  THIS  POLICY. 

Insurance  company  is  liable  only  for  actual  cash  value. 

Policy  is  void  in  case  of  any  fraud,  false  swearing,  misrepresentation  or  concealment 
about  material  facts. 

Policy  is  void,  unless  otherwise  agreed  in  writing,  if — 

1.  It  is  assigned  before  loss; 

2.  Insured  has  or  shall  procure  other  insurance; 

3.  Any  change  occurs  in  location  of  property; 

4.  Insured  building  is  on  ground  not  owned  in  fee  simple  by  the  insured; 

5.  Insured  is  not  sole  and  unconditional  owner. 

Policy  is  suspended  unless  otherwise  agreed  in  writing,  if — 

6.  Described  building  becomes  vacant  or  unoccupied  for  ten  days; 

7.  Mechanics  are  employed  more  than  fifteen  days  in  repairing  same; 

8.  Property  is  or  becomes  encumbered  by  chattel  mortgage; 

9.  Illuminating  gas  or  vapor  is  generated  in  or  adjacent  to  described  building; 

10.  Explosives  or  prohibited  quantities  of  gasoline,  etc.,  (except  the  gasoline  con- 
tained in  automobiles  and  gas  engine  tanks),  as  are  kept  on  premises;  and  provided, 
also,  that  the  insurance  on  live  stock  and  automobiles  shall  cover  wherever  located  at 
the  time  of  the  fire. 

[PASTEE.] 

Insurance  ceases  if  described  building  or  any  material  part  falls  except  as  result  of 
fire. 

Policy  does  not  cover  certain  enumerated  personal  property. 

Note  particularly  duty  of  insured  in  case  of  loss;  also  provisions  avoiding  or  sus- 
pending policy,  including  changes  of  ownership  or  possession. 

Dwelling  house  and  contents  policy  form. 

DWELLING  HOUSE  AND  CONTENTS  POLICY  FORM. 

$ on  the dwelling  house  and  all  its  additions,  foundations, 

perches,  verandas  and  screens,  including  all  permanent  wall  and  ceiling  decorations, 


J 


1143  INSl  RANCE.  Act  2183 

frescoes,  gas,  steam,  water,  heating  and  lighting  fixtures  and  connections,  and  all  other 

permanent  fixtures  attached  to  and  forming  a  part  of  the  building,  situate , 

California. 

$ on  household  furniture,  useful  and  ornamental,  family  wearing  apparel, 

family  stores  and  supplies,  and  all  other  personal  effects  of  every  kind  and  description 
(except  accounts,  bills,  currency,  evidences  of  debt  or  ownership,  or  other  documents, 
money,  notes,  securities,  bullion,  drawings,  dies,  manuscripts,  medals,  models  and  pat- 
terns) including  casts,  curiosities,  pictures,  scientific  apparatus  and  sculptures,  the 
property  of  the  insured  or  of  any  member  of  the  insured 's  household,  unless  specifically 
insured,  all  contained  in  the  above  described  dwelling  house. 


Loss,  on  building,  if  any,  payable  to 

Claim  for  loss  on  any  one  picture,  piece  of  statuary,  curiosity,  or  work  of  art,  shall 
not  exceed  the  cost  of  same,  and  unless  specifically  insured,  shall  not  exceed  one  hun- 
dred dollars. 

The  privilege  for  the  within  described  dwelling  to  remain  vacant  or  unoccupied  is 
hereby  increased  to  thirty  (30)  consecutive  days. 

Permission  is  granted  for  mechanics  or  artisans  to  make  alterations  or  repairs  to  the 
within  described  building  for  more  than  fifteen  (15)  days  at  any  one  time,  and  to  build 
additions,  this  policy  to  cover  on  and  in  same  under  the  respective  items  hereof. 

Permission  is  hereby  granted  (when  not  prohibited  by  local  ordinance)  for  the  use 
of  gasoline  stoves  or  lamps,  it  being  warranted  by  the  insured  that  the  reservoir 
attached  to  each  stove  or  lamp  be  filled  during  daylight  only,  and  then  only  when  the 
stove  or  lamp  is  not  in  use,  and  that  no  artificial  light  be  permitted  in  the  room  when 
the  reservoir  is  being  filled,  and  that  no  gasoline,  except  that  contained  in  the  reservoir, 
shall  be  kept  within  the  building.  A  breach  of  this  warranty  renders  this  permit  null 
and  void. 

Attached  to  policy  No of  the 

Dated ,191 Secretary. 

[PASTER.] 

By  special  agreement  endorsed  on  the  policy  or  added  thereto,  the  provisions  regard- 
ing appraisement  or  apportionment  of  loss  may  be  waived  and  the  valuations  of  all  or 
any  of  the  insured  property  in  case  of  total  loss  may  be  agreed  upon  in  advance  of  loss. 

Said  standard  form  of  polic}'  shall  be  plainly  printed  and  no  portion  thereof  shall 
be  in  type  smaller  than  small  pica  and  subheads  shall  be  in  type  larger  than  pica,  and 
the  lines  of  the  policy  shall  be  numbered  consecutively. 

All  mutual  fire  insurance  policies  on  property  in  California  shall  be  on  said  standard 
form,  and  except  as  herein  provided,  shall  not  contain  additions  thereto.  No  part  of 
the  standard  form  shall  be  omitted  therefrom. 

The  blanks  in  said  standard  form  shall  be  appropriately  filled.  The  company  may 
add  to  the  standard  form  any  matter  relating  to  its  financial  condition,  directors, 
officers,  stockholders  and  history,  and  the  address  of  its  home  office,  and  principal 
office  in  the  state;  also  in  red  ink  any  provisions  respecting  any  limitation  of  liability 
of  the  company,  its  stockholders  or  members  which  it  is  required  or  permitted  by  the 
law  of  the  state  or  county  of  its  organization  to  insert  in  its  policies. 

Clauses  may  be  added  to  the  standard  form  providing  for  and  defining  the  rights, 
duties  and  obligations  of  mortgagees,  assignees  and  other  parties  who  have  acquired 
or  may  acqi;ire  an  interest  in,  right  to  or  lien  upon  the  insured  property. 

No  clause  shall  be  inserted  or  rider  attached  affecting  the  standard  form  liability 


Acts  2185, 218C,  §  1  GENERAL  LAWS.  1144 

of  the  insurer  for  loss  or  damage  by  fire  occasioned  either  directly  or  indirectly  by 
earthquake,  hurricane,  volcanic  action  or  other  disturbance  of  nature,  unless  the  same 
shall  be  printed  in  red  ink  in  type  larger  than  small  pica  and  at  the  head  of  the  policy 
there  shall  be  printed  in  red  ink  in  large  bold-faced  type  the  words  "This  policy  con- 
tains limifations  of  liability  not  permitted  in  the  California  standard  form," 

Clauses  may  be  added  to  the  standard  form  (a)  covering  property  and  risks  not 
otherwise  covered;  (b)  assuming  greater  liability  than  is  otherwise  imposed  on 
the   insurer;    (c)    granting   insured   permits   and   privileges    not    otherwise   provided; 

(d)  Avaivers  of  any  of  the  matters,  voiding  the  policy  or  suspending  the  insurance; 

(e)  waivers  of  any  of  the  requirements  imi^osed  on  the  insured  after  loss. 

Except  as  herein  otherwise  provided  clauses  may  be  attached  to  the  standard  form 
by  separate  riders  in  tj^pe  larger  than  pica  imposing  specified  duties  and  obligations 
upon  the  insured  and  limiting  the  liability  of  the  insurer. 

Any  insurer,  or  the  agent  countersigning  or  issuing  a  fire  insurance  policy  covering 
in  whole  or  in  part  property  in  California  varying  from  the  California  standard  form 
of  policy  except  as  herein  provided  is  guilty  of  a  misdemeanor  but  any  policy  so  issued 
shall  notwithstanding  be  binding  upon  the  company  issuing  the  same.  [New  section 
added  May  26,  1917.    In  effect  July  27,  1917.    Stats.  1917,  p.  945.] 

Repealed. 

§  19.  All  laws  and  parts  of  laws  in  conflict  with  this  act  are  hereby  repealed. 
[Amendment  of  May  26,  1917.     In  effect  July  27,  1917.     Stats.  1917,  p.  953.] 

NON-INSURANCE  OF  STATE  PROPERTY. 
ACT  2185 — An  act  relative  to  the  noninsurance  of  property  belonging  to  the  state 
against  risk  of  damage  or  destruction  by  fire. 

History:    Approved  March  10,  1891,  Stats.  1891,  p.  70. 

5  1.  No  property  belonging  to  this  state  shall  hereafter  be  insured  against  risk  of 
damage  or  destruction  by  fire,  and  no  policy  of  fire  insurance  now  existing  upon  any 
property  belonging  to  this  state  shall  be  renewed  at  the  expiration  thereof,  except  the 
state  printing  office  and  its  contents. 

$  2.     This  act  shall  take  effect  immediately. 

This  act  has  been  repealed  as  to  certain  state  property.     See  Act  1865. 

STANDARD  FORM  OF  FIRE  INSURANCE  POLICY. 

ACT  2186 — An  act  to  establish  a  standard  form  of  fire  insurance  policy  and  to  prevent 

variations  therefrom,  excepting  under  certain  stated  conditions  and  restrictions. 

History:    Approved  March  18,  1909,  Stats.  1909,  p.  404. 

Standard  form  of  fire  insurance  policy. 

§  1.  The  following  is  adopted  as  a  standard  fonn  of  fire  insurance  policy  for  the 
state  of  California: 

CALIFORNIA  STANDARD  FORM  FIRE  INSURANCE  POLICY. 
No.  Amount  $ 

No  other  insurance  permitted 
except  by  agreement  indorsed  hereon  or  added  hereto. 
(Here  insert  name  of  compam^,  and  place  of  its  main  office  in  California,  and  name 
of  state  or  country  under  which  incorporated  or  organized.) 

In  consideration  of  the  stipulations  herein  named  and  of dollars  premium  does 

insure  for  the  term  of  from  the  day  of  19 — ,  at  noon,  to  the 

day  of ,  19 — ,  at  noon  against  all  loss  or  damage  by  fire,  except  as  hereinafter 

provided. 


11J5  IXSlItANCF.  Act2JSe 

To  an  amount  not  exceeding  dollars  to  the  following  described  property  while 

located  and  contained  as  described  herein,  and  not  elsewhere,  to  wit : 

The  company  -will  not  be  liable  beyond  the  actual  cash  value  of  the  interest  of  the 
insured  in  the  property  at  the  time  of  loss  or  damage  nor  exceeding  what  it  would  then 
cost  the  insured  to  repair  or  replace  the  same  with  material  of  like  kind  and  quality; 
said  cash  value  to  be  estimated  without  allowance  for  any  increased  cost  of  repair  or 
reconstruction  by  reason  of  any  ordinance  or  law  regulating  repair  or  construction  of 
buildings,  and  without  compensation  for  loss  resulting  from  interruption  of  business  or 
manufacture. 

This  policy  is  made  and  accepted  subject  to  the  foregoing  stipulations  and  condi- 
tions and  those  hereinafter  stated,  which  are  hereby  specially  referred  to,  and  made 
part  of  this  policy,  together  with  such  other  provisions,  agreements  or  conditions  as 
may  be  indorsed  hereon  or  added  hereto,  and  no  officer,  agent,  or  other  representative 
of  this  company  shall  have  power  to  waive  any  provision  or  condition  of  this  policy 
except  by  writing  indorsed  hereon  or  added  hereto,  and  no  person,  unless  duly  author- 
ized in  writing,  shall  be  deemed  the  agent  of  this  company. 

This  policy  shall  not  be  valid  until  countersigned  by  the  duly  authorized  agent  of 
the  company,  at . 

In  witness  whereof,  this  companj'  has  executed  and  attested  these  presents   (here 
insert  name  of  company) 
Countersigned  at this day  of ,  19 — . 

By 

Agent. 

STIPULATIONS  AND  CONDITIONS  SPECIALLY  REFEREED  TO. 
Property  not  covered,  (a)  This  company  shall  not  be  liable  for  loss  to  accounts, 
bills,  currency,  evidences  of  debt  or  ownership  or  other  documents,  money,  notes  or 
securities;  nor,  (b)  unless  liability  is  specifically  assumed  hereon,  for  loss  to  bullion, 
casts,  curiosities,  drawings,  dies,  jewels,  manuscripts,  medals,  models,  patterns,  pic- 
tures, scientific  apparatus,  business  or  store  or  office  furniture  or  fixtures,  sculptures, 
frescoes,  decorations,  or  property  held  on  storage  or  for  repair. 

Hazards  not  covered.  This  company  will  not  be  liable  for  loss  by  (a)  theft;  or 
(b)  by  neglect  of  the  insured  to  use  all  reasonable  means  to  save  and  preserve  the 
property  at  and  after  a  fire,  or  when  the  property  is  endangered  by  fire;  or  (c)  unless 
fire  ensues  (and  in  that  event  for  the  damage  by  fire  only)  by  explosion  of  any  kind  or 
lightning;  or  (d)  bj'  invasion,  insurrection,  riot,  civil  war,  or  commotion,  or  (except  as 
hereinafter  provided)  by  military  or  usurped  power,  or  order  of  any  civil  authority,  but 
the  company  will  be  liable  (unless  otherwise  provided  by  indorsement  hereon  or  added 
hereto)  if  the  property  is  lost  or  damaged,  by  fire  or  otherwise,  by  civil  authority  cr 
military  or  usurped  power  exercised  to  prevent  the  spread  of  fire  not  originating  from 
a  cause  excepted  hereunder  and  which  fire  otherwise  probably  would  have  caused  the 
loss  of  or  damage  to  the  insured  property. 

Matters  avoiding  policy.  This  entire  policy  shall  be  void,  (a)  if  the  insured  has 
concealed  or  misrepresented  any  material  fact  or  circumstances  concerning  this  insur- 
ance or  the  subject  thereof;  or,  (b)  in  case  of  any  fraud  or  false  swearing  by  the 
insured  touching  any  matter  relating  to  this  insvirance  or  the  subject  thereof,  whether 
before  or  after  a  loss. 

Unless  otherwise  provided  by  agreement  indorsed  hereon  or  added  hereto,  this  entire 
policy  shall  be  void,  (a)  if  the  insured  now  has  or  shall  procure  any  other  insurance, 
whether  valid  or  not,  on  property  covered  in  whole  or  in  part  by  this  policy,  or  (b)  if 
the  interest  of  the  insured  be  other  than  unconditional  and  sole  ownership,  or  (c)  if  the 
subject  of  insurance  be  a  building  on  ground  not  owned  by  the  insured  in  fee  simple, 


Act  2186  GE^NERAL  LAWS.  1140 

or  (d)  if  with  the  knowledge  of  the  insured  foreclosure  proceedings  be  commenced  or 
notice  given  of  sale  of  any  property  covered  by  this  policy  by  virtue  of  any  mortgage 
or  trust  deed,  or  (e)  if  this  policy  be  assigned  before  a  loss. 

Matters  suspending  insurance.  Unless  otherwise  provided  by  agreement  indorsed 
hereon  or  added  hereto  this  company  shall  not  be  liable  for  loss  or  damage  occurring 
(a)  while  the  hazard  be  materially  increased  by  any  means  within  the  control  of  the 
insured;  or  (b)  if  the  subject  of  insurance  be  a  manufacturing  establishment,  while 
it  is  operated  in  whole  or  in  part  at  night  later  than  10  o'clock  or  while  it  ceases  to  be 
operated  beyond  the  period  of  ten  consecutive  days;  or  (c)  while  mechanics  or  artisans 
are  employed  in  building  or  altering  or  repairing  the  described  premises  for  more  than 
fifteen  days  at  any  one  time;  or  (d)  while  illuminating  gas  or  vapor  be  generated  in 
the  described  building  (or  adjacent  thereto)  for  use  therein;  or  (e)  while  there  be  kept, 
used  or  allowed  on  the  described  premises  (any  usage  or  custom  of  trade  or  manufacture 
to  the  contrary  notwithstanding)  calcium  carbide,  phosphorus,  dynamite,  nitroglycerine, 
fireworks  or  other  explosives;  or  exceeding  one  quart  each  of  benzine,  gasoline, 
naphtha  or  ether;  or  more  than  twenty-five  pounds  of  gunpowder;  or  (f)  while  a 
building  herein  described  whether  intended  for  occupation  by  owner  or  tenant  is  vacant 
or  unoccupied  beyond  the  period  of  ten  (10)  consecutive  days;  (g)  while  the  interest 
in,  title  to  or  possession  of  the  subject  of  insurance  is  changed  excepting: — (1)  by  the 
death  of  the  insured;  (2)  a  change  of  occupancy  of  building  without  material  increase 
of  hazard;  and  (3)  transfer  by  one  or  more  several  copartners  or  co-owners  to  the 
others. 

Such  suspension  shall  not  extend  the  term  of  this  policy  nor  create  any  right  for 
refund  of  the  whole  or  any  portion  of  premium,  nor  affect  the  respective  rights  of 
cancellation. 

Chattel  mortgage.  Unless  otherwise  provided  by  agreement  in  writing  indorsed 
hereon  or  added  hereto  this  company  shall  not  be  liable  for  loss  or  damage  to  any 
property  insured  hereunder  while  encumbered  by  a  chattel  mortgage,  but  the  liability 
of  the  company  upon  other  property  hereby  insured  shall  not  be  affected  by  such 
chattel  mortgage. 

Fallen  building  clause.  Unless  otherwise  provided  by  agreement  indorsed  hereon  or 
added  hereto,  if  a  building  or  any  material  part  thereof  fall,  except  as  the  result  of  fire, 
all  insurance  by  this  policy  on  such  building  or  its  contents  shall  immediately  cease. 

Removal  when  endangered  by  fire.  Should  any  of  said  property  be  necessarily 
removed  because  of  danger  from  fire,  and  there  is  no  other  insurance  thereon,  that  part 
of  this  policy  in  excess  of  the  value  of  the  insured  property  remaining  in  the  original 
location,  or,  if  there  is  other  insurance  thereon,  that  part  of  this  policy  in  excess  of  its 
proportion  of  the  value  of  the  insured  property  remaining  in  the  original  location,  shall, 
for  the  ensuing  five  days  only,  cover  said  removed  property  in  its  new  location  or 
locations. 

Cancellation.  This  policy  shall  be  canceled  at  any  time  at  the  request  of  the  insured, 
in  which  case  the  company  shall,  upon  surrender  of  this  policy,  refund  the  excess  of 
paid  premium  above  the  customary  short  rates  for  the  expired  time.  This  policy  may 
be  canceled  at  any  time,  without  tender  of  unearned  portion  of  premium,  by  the  com- 
pany by  giving  five  (5)  days'  written  notice  of  cancellation  to  the  insured  and  to  any 
mortgagee  or  other  party  to  whom,  with  the  written  consent  of  the  company,  this  policy 
is  made  payable,  in  which  case  the  company  shall,  upon  surrender  of  the  policy  or 
relinquishment  of  liability  thereunder,  refund  the  excess  of  paid  premium  above  the  pro 
rata  premium  for  the  expired  time. 

Duty  of  insured  in  case  of  loss.  When  a  loss  occurs  the  insured  must  give  to  this 
company   written   notice   thereof   without   unnecessary   delay;    and   shall   protect   the 


i 


1147  INSURANCE.  Act  2186 

property  from  further  damage;  forthwith  separate  the  damaged  and  undamaged  per- 
sonal property  and  put  it  in  the  best  possible  order;  and  without  unnecessary  delay 
make  a  complete  inventory  stating  as  far  as  possible  the  quantity  and  cost  of  each 
article,  and  the  amount  claimed  thereon. 

Within  sixty  days  after  the  commencement  of  the  fire  the  insured  shall  render  to  the 
company  at  its  main  office  in  California  named  herein  preliminary  proof  of  loss  con- 
sisting of  a  written  statement  signed  and  sworn  to  by  him  setting  forth: — (a)  his 
knowledge  and  belief  as  to  the  origin  of  the  &re;  (b)  the  interest  of  the  insured  and  of 
all  others  in  the  property;  (c)  the  cash  value  of  the  different  articles  or  properties 
and  the  amount  of  loss  thereon;  (d)  all  encumbrances  thereon;  (e)  all  other  insurance, 
whether  valid  or  not,  covering  any  of  said  articles  or  properties;  (f)  a  copy  of  the 
descriptions  and  schedules  in  all  other  policies  unless  similar  to  this  policy,  and  in 
that  event,  a  statement  as  to  the  amounts  for  which  the  different  articles  or  properties 
are  insured  in  each  of  the  other  policies;  (g)  any  changes  of  title,  use,  occupation, 
location  or  possession  of  said  property  since  the  issuance  of  this  policy;  (h)  by  whom 
and  for  what  purpose  any  building  herein  described,  and  the  several  parts  thereof, 
were  occupied  at  the  time  of  the  fire. 

If  the  company  claims  that  the  preliminary  proof  of  loss  is  defective  and  within  five 
days  after  the  receipt  thereof  (without  admitting  the  amount  of  loss  or  any  part 
thereof)  notifies  in  writing  the  insured,  or  the  party  making  such  proof  of  loss,  of  the 
alleged  defects  (specifically  stating  them)  and  requests  that  they  be  remedied  by 
verified  amendments  the  insured  or  such  party  within  ten  days  after  the  receipt  of  such 
notification  and  request  must  comply  therewith,  or,  if  unable  so  to  do,  present  to  the 
company  an  aflidavit  to  that  effect. 

The  insured  shall  also  furnish,  if  required,  as  far  as  it  is  practicable  to  obtain  the 
same,  verified  plans  and  specifications  of  any  buildings,  fixtures  or  machinery  destroyed 
or  damaged;  and  the  insured  shall  exhibit  to  any  person  designated  in  writing  by  this 
company  all  that  remains  of  any  property  herein  described  and  shall  submit  to  exam- 
ination under  oath,  as  often  as  required,  by  any  such  person,  and  subscribe  to  the 
testimony  so  given  and  shall  produce  to  such  person  for  examination  all  books  of 
account,  bills,  invoices  and  other  vouchers,  and  permit  extracts  and  copies  thereof  to 
be  made,  and  in  case  the  originals  are  lost  certified  copies,  if  obtainable,  shall  be 
produced. 

Ascertainment  of  amount  of  loss.  This  company  shall  be  deemed  to  have  assented 
to  the  amount  of  the  loss  claimed  by  the  insured  in  his  preliminary  proof  of  loss,  unless 
within  twenty  days  after  the  receipt  thereof,  or,  if  verified  amendments  have  been 
requested,  within  twenty  days  after  their  receipt,  or  within  twenty  days  after  the 
receipt  of  an  affidavit  that  the  insured  is  unable  to  furnish  such  amendments,  the  com- 
pany shall  notify  the  insured  in  writing  of  its  partial  or  total  disagreement  with  the 
amount  of  loss  claimed  by  him  and  shall  also  notify  him  in  writing  of  the  amount  of 
loss,  if  any,  the  company  admits  on  each  of  the  different  articles  or  properties  set  forth 
in  the  preliminary  proof  or  amendments  thereto. 

If  the  insured  and  this  company  fail  to  agree,  in  whole  or  in  part,  as  to  the  amount 
of  loss  within  ten  days  after  such  notification,  this  company  shall  forthwith  demand 
in  writing  an  appraisement  of  the  loss  or  part  of  loss  as  to  which  there  is  a  disagree- 
ment and  shall  name  a  competent  and  disinterested  appraiser,  and  the  insured  within 
five  days  after  receipt  of  such  demand  and  name,  shall  appoint  a  competent  and  disin- 
terested appraiser  and  notify  the  company  thereof  in  writing,  and  the  two  so  chosen 
shall  before  commencing  the  appraisement,  select  a  competent  and  disinterested  umpire. 

The  appraisers  together  shall  estimate  and  appraise  the  loss  or  part  of  loss  as  to 
which  there  is  a  disagreement,  stating  separately  the  sound  value  and  damage,  and  if 


w 


Act  2186,  §2  GENERAL,  LATH'S.  1148 

thej-  fail  to  agree  they  shall  submit  their  differences  to  the  umpire,  and  the  award  in 
writing  duly  verified  of  any  two  shall  determine  the  amount  or  amounts  of  such  loss. 

The  parties  to  the  appraisement  shall  pay  the  appraisers  respectively  appointed  by 
them  and  shall  bear  equally  the  expense  of  the  appraisement  and  the  charges  of  the 
umpire. 

If  for  any  reason  not  attributable  to  the  insured,  or  to  the  appraiser  appointed  by 
him,  an  appraisement  is  not  had  and  completed  within  ninety  days  after  said  prelim- 
inary proof  of  loss  is  received  by  this  company,  the  insured  is  not  to  be  prejudiced  by 
the  failure  to  make  an  appraisement,  and  may  prove  the  amount  of  his  loss  in  an 
action  brought  without  such  apjiraisement. 

Options  of  company  in  case  of  loss.  This  company  may,  at  its  option,  take  all  or  any 
part  of  the  property  for  which  insurance  hereunder  is  claimed  at  its  ascertained  or 
appraised  value,  and  may  also,  at  its  option,  in  satisfaction  of  its  liabilities  hereunder, 
repair,  rebuild  or  replace  any  building  or  structure  or  machine  or  machinery  used 
therein,  with  other  of  like  kind  and  quality,  within  a  reasonable  time,  upon  giving 
notice  within  twenty  days  of  its  intention  so  to  do  after  the  receipt  by  it  of  the 
preliminary  proof  of  loss,  or,  if  verified  amendments  have  been  requested,  within 
twenty  days  after  their  receipt,  or,  within  twenty  days  after  the  receipt  of  an  affidavit 
that  the  insured  is  unable  to  furnish  such  amendments. 

There  can  be  no  abandonment  to  this  company  of  any  property. 

Apportionment  of  loss.  This  company  shall  not  be  liable  under  this  policy  for  a 
greater  proportion  of  any  loss  on  the  described  property,  or  for  loss  by,  and  expenses 
of,  removal  from  the  premises  endangered  by  fire,  than  the  amount  hereby  insured 
bears  to  the  entire  insurance  covering  such  property  whether  valid  or  not,  or  by 
solvent  or  insolvent  insurers. 

Loss  when  payable.  A  loss  hereunder  shall  be  payable  in  thirty  days  after  the 
amount  thereof  has  been  ascertained  either  by  agreement  or  by  appraisement;  but  if 
such  ascertainment  is  not  had  or  made  within  sixty  days  after  the  receipt  by  the 
company  of  the  preliminary  proof  of  loss,  then  the  loss  shall  be  payable  in  ninety  days 
after  such  receipt. 

Nonwaiver  by  appraisal  or  examination.  This  company  shall  not  be  held  to  have 
waived  any  provision  or  condition  of  this  policy  or  any  forfeiture  thereof,  by  assenting 
to  the  amount  of  the  loss  or  damage  or  by  any  requirement,  act,  or  proceeding  on  its 
part  relating  to  the  appraisal  or  to  any  examination  herein  provided  for. 

Subrogation.  If  this  company  shall  claim  that  the  fire  was  caused  by  the  act  or 
neglect  of  any  person  or  corporation,  this  company  shall,  on  payment  of  the  loss  ho 
subrogated  to  the  extent  of  such  payment  to  all  right  of  recovery  by  the  insured  for 
the  loss  resulting  therefrom,  and  such  right  shall  be  assigned  to  this  company  by  the 
insured  on  receiving  such  payment. 

Time  for  commencement  of  action.  No  suit  or  action  on  this  policy  for  the  recovery 
of  anv  claim  shall  be  sustained,  until  after  full  compliance  by  the  insured  with  all  of 
the  foreo-oing  requirements,  nor  unless  begun  within  fifteen  months  next  after  the 
commencement  of  the  fire. 

Definitions.  Wherever  in  this  policy  the  word  "insured"  occurs,  it  shall  be  held  to 
include  the  legal  representatives  of  the  insured  in  case  of  his  death,  and  wherever  the 
word  "loss"  occurs,  it  shall  be  deemed  the  equivalent  of  "loss  or  damage,"  and 
wherever  the  words  "the  time  of  loss  or  damage"  are  used  they  shall  be  deemed  the 
equivalent  of  "the  time  of  the  commencement  of  the  fire." 

What  to  be  printed  on  outside  fold  of  policy. 

^  2.  There  shall  be  printed  on  the  outside  fold  of  said  policy  in  type  not  smaller  than 
small  pica,  the  following  words  in  this  form : 


114»  INSURANCE.  Act  2186.  §§  3-7 

EEAD  THIS  POLICY. 

Ins.  Co.  is  liable  only  for  actual  cash  value. 

Policy  is  void  in  case  of  any  fraud,  false  swearing,  misrepresentation  or  concealment 
about  material  facts. 

Policy  is  void,  unless  otherwise  agreed  in  writing,  if 

1st.  It  is  assigned  before  loss; 

2nd.  Insured  has  or  shall  procure  other  insurance; 

3rd.  Any  change  occurs  in  location  of  property ; 

4th.  Insured  building  is  on  ground  not  owned  in  fee  simple  by  insured  j 

5th.  Insured  is  not  sole  and  unconditional  owner. 

Policy  is  suspended,  unless  otherwise  agreed  in  writing,  if 

6th.  Described  building  becomes  vacant  or  unoccupied  for  ten  days; 

7th.  Mechanics  are  employed  more  than  15  days  in  repairing  same; 

8th.  Property  is  or  becomes  encumbered  b}'  chattel  mortgage; 

9th.  Illuminating  gas  or  vapor  is  generated  in  or  adjacent  to  described  building; 

10th.  Explosives  or  prohibited  quantities  of  gasoline,  etc.,  are  kept  on  premises. 

Insurance  ceases  if  described  building  or  any  material  part  falls  except  as  result  of 
fire. 

Policy  does  not  cover  certain  enumerated  personal  property. 

Note  particularly  duty  of  insured  in  case  of  loss; 

Also  provisions  avoiding  or  suspending  policy,  including  changes  of  ownership  or 
possession. 

Special  agreement  regarding  appraisement. 

$  3.  By  special  agreement  indorsed  on  the  policy  or  added  thereto  the  provisions 
regarding  appraisement  or  apportionment  of  loss  may  be  waived  and  the  valuations 
of  all  or  any  of  the  insured  property  in  case  of  total  loss  may  be  agreed  upon  in 
advance  of  loss. 

Policy  to  be  plainly  printed. 

$  4.  Said  standard  form  of  policy  shall  be  plainly  printed  and  no  portion  thereof 
shall  be  in  type  smaller  than  small  pica  and  subheads  shall  be  in  type  larger  than 
pica,  and  the  lines  of  the  policy  shall  be  numbered  consecutively. 

County  fire  companies  excepted. 

§  5.  This  act  shall  not  apply  to  any  company  organized  under  an  act  entitled  "An 
act  to  provide  for  the  organization  and  management  of  county  fire  insurance  com- 
panies," approved  April  1,  1897,  or  amendments  to  that  act,  but  all  other  fire  insurance 
policies  on  property  in  California  shall  be  on  said  standard  form,  and,  except  as  herein 
provided,  shall  not  contain  additions  thereto.  No  parts  of  the  standard  form  shall  be 
omitted  therefrom. 

What  may  be  added  to  policy. 

$  6.  The  blanks  in  said  standard  form  shall  be  appropriately  filled.  The  company 
may  add  to  the  standard  form  any  matter  relating  to  its  financial  condition,  directors, 
oflflcers,  stockholders  and  history,  and  the  address  of  its  home  office  and  principal  office 
in  the  United  States;  also  in  red  ink  any  provisions  respecting  any  limitation  of  liability 
of  the  company,  its  stockholders  or  members  which  it  is  required  or  permitted  by  the 
law  of  the  state  or  country  of  its  organization  to  insert  in  its  policies. 

Clauses  as  to  mortgagees. 

$  7.  Clauses  may  be  added  to  the  standard  form  providing  for  and  defining  the 
rights,  duties  and  obligations  of  mortgagees,  assignees  and  other  parties  who  have 
acquired  or  may  acquire  an  interest  in,  right  to  or  lien  upon  the  insured  property. 


Act  2186.  §§  8-13  GENERAL   LAWS.  1150 

Earthquake  clause  may  be  inserted,  how. 

^  8.  No  clause  shall  be  inserted  or  rider  attached  affecting  the  standard  form  liability 
of  the  insurer  for  loss  or  damage  by  fire  occasioned  either  directly  or  indirectly  by 
earthquake,  hurricane,  volcanic  action  or  other  disturbance  of  nature,  unless  the  same 
shall  be  printed  in  red  ink  in  type  larger  than  small  pica  and  at  the  head  of  the 
policy  there  shall  be  printed  in  red  ink  in  large  bold  faced  type  the  words,  "This 
policy  contains  limitations  of  liability  not  permitted  in  the  California  standard  form. ' ' 

Other  additional  clauses. 

$  9.  Clauses  may  be  added  to  the  standard  form  (a)  covering  property  and  risks 
not  otherwise  covered;  (b)  assuming  greater  liability  than  is  otherwise  imposed  on 
the  insurer;    (c)    granting  insured  permits   and  privileges   not   otherwise   provided; 

(d)  waivers  of  any  of  the  matters  avoiding  the  policy  or  suspending  the  insurance; 

(e)  waivers  of  any  of  the  requirements  imposed  on  the  insured  after  loss. 

Separate  riders. 

$  10.  Except  as  herein  otherwise  provided  clauses  may  be  attached  to  the  standard 
form  by  separate  riders  in  type  larger  than  pica  imposing  specified  duties  and  obli- 
gations upon  the  insured  and  limiting  the  liability  of  the  insurer. 

Insurers  other  than  corporations. 

§  11.  Any  insurers,  other  than  corporations,  issuing  policies  on  property  in  Cali- 
fornia, shall  use  the  standard  form,  changing  only  such  words  as  refer  to  the  corpora- 
tion or  company  or  to  officers  or  agents  of  the  corporation  or  company,  and  in  regard 
to  its  organization;  and  such  other  insurers  may  substitute  in  place  of  such  words 
having  peculiar  reference  to  corporations,  appropriate  words  having  similar  reference 
to  themselves. 

Penalty  for  violation  of  act. 

$  12.  Any  insurer,  or  the  agent  countersigning  or  issuing  a  fire  insurance  policy 
covering  in  whole  or  in  part  property  in  California  varying  from  the  California  stand- 
ard form  of  policy  except  as  herein  provided  is  guilty  of  a  misdemeanor  but  any 
policy  so  issued  shall  notwithstanding  be  binding  upon  the  company  issuing  the  same. 

§  13.  This  act  shall  take  effect  and  be  in  force  from  and  after  the  first  day  of 
August,  1909. 

Constitntlonality    of    statutes   providing-   a  3.      Disclaimer   In    ^vritln^   presamed. — An 

standard  form  of  fire  insurance  policy. — See  alleg-ation   in   an   action   on   a  fire   insurance 

6  Ann.  Cas.  91.  policy  of  the  standard  form,  that  defendant 

1.  Judicial  notice  of  termj*  in  standard  disclaimed  liability  under  the  policy  will 
form. — The  courts  will  take  judicial  notice  be  taken  as  an  allegation  that  the  dis- 
of  the  terms  of  a  standard  form  of  fire  in-  claimer  was  in  writing  as  the  terms  of  the 
surance  policy,  and  it  is  not  necessary  to  standard  form  policy  requires. — Northern, 
plead  it. — Northern,  etc.,  Co.  v.  National,  etc.,  Co.  v.  National,  etc.,  Co.,  35  Cal.  App. 
etc.,  Co.,  35  Cal.   App.   481.  481,  170  Pac.  434. 

2.  Premature  bringing  of  action. — "Where  4.  Rider  prevails  T»-hcre  Inconsistent  Tvith 
the  insurer  disclaimed  liability  upon  a  saspension  clause. — A  rider  attached  to  an 
standard  form  insurance  policy,  an  action  insurance  policy  of  the  standard  form  pre- 
on  the  policy  commenced  before  the  expira-  vails  over  the  suspension  clause,  so  far  as 
tion  of  ninety  days  from  the  alleged  pre-  thej'  are  inconsistent. — O'Neill  v.  Cale- 
sentation  of  proofs  of  loss  is  premature. —  donian,  etc.,  Co.,  166  Cal.  311,  135  Pac.  1121. 
Northern,   etc.,   Co.   v.   National,   etc.,   Co.,    35 

Cal.  App.  481,  170  Pac.  434. 


1 


I 


1151  INSURANCE.  Acts,  2187, 2189,  §g  1-3 

EXTENDING  TIME  FOR  INSURANCE  STATEMENT. 
ACT  2187 — An  act  to  extend  the  time  for  filing  with  the  insurance  commissioner  state- 
ments of  insurance  "business  transacted  during  the  year  ending  December  31,  1905, 
within  the  time  prescribed  by  law,  and  to  remit  penalties  for  failing  to  file  the  same. 
History:    Approved  June  14,  1906,  Stats.  1906  (ex.  sess.),  p.  30. 

This  act  extended  the  time  to  file  statements  to  July  31,  1906.  It  was  passed  because 
of  the  destruction  of  the  records  in  the  conflagration  in  San  Francisco  in  1906. 

LIVESTOCK  INSURANCE. 

ACT  2189 — An  act  relating  to  life,  health  and  accident  insurance  of  live-stock  on  the 
assessment  plan  and  the  conduct  of  the  business  of  such  insurance. 

History:    Approved  March  23,  1907,  Stats.  1907,  p.  952. 

Contract  of  mutual  insurance  of  animals  defined. 

$  1.  Every  contract  whereby  a  benefit  may  accrue  to  a  party  or  parties  therein 
named  upon  the  death  or  physical  disability  of  an  animal  insured  thereunder,  or  for 
the  payment  of  any  sums  of  money  dependent  in  any  degree  upon  the  collection  of 
assessments  or  dues  from  owners  holding  similar  contracts,  shall  be  deemed  a  contract 
of  mutual  insurance  upon  the  assessment  plan.  Such  contracts  must  show  that  the 
liabilities  of  the  insured  thereunder  are  not  limited  to  fixed  premiums. 

How  corporations  may  be  formed.    Investments.    Condition  precedent  to  issuing  insur- 
ance. 

$  2.  Corporations  may  be  formed  under  the  general  laws  of  this  state  to  carry  on 
the  business  of  mutual  live-stock  insurance  upon  the  assessment  plan,  and  shall  be 
subject  only  to  the  provisions  of  this  act.  No  such  corporation  shall  issue  contracts 
of  insurance  until  at  least  two  hundred  (200)  persons  owning  live-stock  have  applied, 
in  writing,  for  membership  or  insurance  therein,  and  have  paid  to  the  treasurer  of 
such  corporation  the  sum  of  five  thousand  (5000)  dollars.  This  sum  shall  be  invested 
in  bonds  or  securities,  approved  by  the  insurance  commissioner  of  this  state,  or 
deposited  in  some  bank  in  this  state  where  it  will  earn  interest.  Said  bonds  or  securi- 
ties, or  evidences  of  such  deposit,  shall  be  placed,  through  the  insurance  commissioner 
of  this  state,  with  the  state  treasurer,  and  the  principal  sum  shall  be  held  in  ti*ust 
for  the  contract-holders  of  such  corporation,  with  the  right  in  the  corporation  to 
exchange  said  bonds,  securities,  or  evidence  of  bank  deposit  for  others  of  like  value. 
Such  corporation  shall  also,  as  a  condition  precedent  to  issuing  any  contracts  of 
insurance,  obtain  the  written  certificate  of  the  insurance  commissioner  that  it  has 
complied  with  the  requirements  of  this  act;  and  that  the  name  of  the  corporation  is 
not  the  same  as  that  of  any  other  corporation  of  this  or  other  states,  as  indicated  by 
the  insurance  department  reports  in  his  office;  nor  shall  the  commissioner  approve 
any  name  or  title  so  closely  resembling  another  as  to  mislead  the  public.  No  corpora- 
tion formed  hereunder  shall  have  legal  existence  after  one  year  from  the  date  of  its 
articles,  unless  its  organization  has  been  completed,  and  business  commenced;  nor 
shall  any  corporation  or  individual  solicit,  or  cause  to  be  solicited,  any  business,  until 
such  corporation  shall  have  complied  with  the  provisions  of  section  six  hundred  and 
thirty-three  of  the  Political  Cod«  of  this  state. 

What  contracts  of  insurance  shall  specify. 

^  3.  The  contracts  of  insurance  issued  by  such  corporation  shall  specify  the  sum 
or  sums  to  be  paid  upon  the  happening  of  the  contingency  insured  against,  and  when 
such  payments  shall  be  made.  Unless  the  contract  shall  have  been  invalidated  by 
fraud  or  by  breach  of  its  conditions,  the  corporation  shall  be  obligated  to  pay  the 
beneficiary  the  amount  or  amounts  specified  in  its  contract  at  the  time  or  times  therein 


Act  2IS9,  §§  4-6  GGNEIRAL,   LAWS.  1152 

named,  and  such  indebtedness  shall  be  a  lien  upon  all  the  property  of  such  corporation, 
with  priority  over  all  indebtedness  thereafter  incurred,  except  as  hereinafter  provided 
in  case  of  insolvency.  Failure  to  make  such  payment  within  thirty  days  after  notice, 
at  the  home  office,  by  mail,  as  provided  by  law,  of  final  judgment,  unless  waiver  is 
made  by  the  beneficiary,  shall  constitute  a  forfeiture  of  the  right  to  do  business. 

Reserve  fund  required. 

$  4.  Every  domestic  corporation  organized  or  doing  business  under  this  act  shall 
accumulate  a  reserve  or  emergency  fund,  which  shall  at  all  times  be  not  less  than  the 
largest  benefit  contracted  to  be  paid  by  it  to  any  one  person.  Every  existing  domestic 
eorjjoration  must  accumulate  such  fund  within  one  year  from  the  date  when  this  act 
takes  effect,  and  any  corporation  organized  hereunder  within  one  year  from  the  date 
of  its  certificate  of  incorporation.  Such  fund,  to  the  extent  of  the  largest  amount 
contracted  to  be  paid  by  any  such  corporation  to  any  one  person,  shall  be  so  invested 
and  deposited,  as  provided  in  section  two  hereof,  with  the  right  in  the  corporation  to 
exchange  any  such  securities  for  others  of  equal  value.  The  deposit  required  by  section 
two  of  this  act  shall  constitute  a  part  of  the  reserve  required  by  this  section,  at  the 
option  of  such  corporation.  When  any  corporation  doing  business  hereunder  shall 
discontinue  business,  this  fund  shall  be  returned  to  such  corj^oration,  or  so  disposed 
of  as  may  be  determined  by  the  superior  court  of  the  county,  or  city  and  county,  in 
which  is  its  principal  place  of  business. 

Foreign  corporations,  conditions  required. 

§  5.  Corporations  organized  under  the  laws  of  any  other  state  or  country  to  transact 
the  business  of  mutual  assessment  or  live-stock  insurance,  must  as  a  condition  prece- 
dent to  transacting  business  in  this  state,  deposit  with  the  insurance  commissioner  of 
this  state  a  certified  copy  of  its  charter,  or  other  instrument,  requii*ed  by  its  home 
authorities;  a  statement,  under  oath,  of  its  president  or  secretary,  of  its  business  for 
the  preceding  year,  in  such  form  as  may  be  required  by  the  insurance  commissioner 
of  this  state;  an  appointment  of  a  general  agent,  service  upon  whom  shall  bind  the 
corporation ;  a  certificate  that  for  the  next  preceding  twelve  months  it  has  paid,  in 
full,  the  maximum  amount  named  in  its  contracts  of  insurance;  a  certificate  from  the 
proper  officer  of  its  state  or  goverment  that  like  corporations  of  this  state  are  legally 
entitled  to  do  business  in  such  state  or  country;  copies  of  its  contracts  of  insurance 
and  applications,  which  must  show  that  the  liabilities  of  its  members  are  not  limited 
to  fixed  premiums;  and  evidence,  satisfactory  to  the  insurance  commissioner,  that  the 
corporation  has  accumulated  a  fund  equal  to  that  required  of  like  corporations  in  this 
state,  constituting  a  reserve  or  surplus  fund,  held  in  trust  for  the  benefit  of  its  contract- 
holders,  and  so  invested  and  held  as  required  by  the  laws  of  the  state  or  government 
under  which  such  corporation  was  organized.  The  insurance  commissioner  shall  there- 
upon issue  a  license  to  such  corporation  to  do  business  in  this  state.  This  license 
must  be  renewed  annually,  and  may  be  revoked  whenever  it  is  ascertained  that  the 
statements  required  to  be  made  by  this  section  are  not  true.  Upon  such  revocation, 
notice  thereof  shall  be  given  by  the  insurance  commissioner,  by  publication  in  some 
newspaper  published  in  the  city  and  county  of  San  Francisco,  for  two  weeks,  daily, 
and  no  new  contracts  shall  be  made  by  such  company  in  this  state.  When  any  other 
state  or  country  imposes  any  additional  license,  fees,  taxes,  or  penalties  upon  any 
corporation  organized  or  doing  business  under  this  act,  like  license,  fees,  taxes,  or 
penalties  shall  be  imposed  upon  corporations  of  the  same  kind,  and  their  agents,  of 
such  state  or  country  doing  business  in  this  state. 

Limitations  of  contract.    Applications  for  insurance.    False  statements,  penalty  for. 

§  6.  No  corporation  doing  business  under  this  act  (accept  accident  or  casualty  cor- 
porations) shall  issue  a  contract  of  insurance  upon  the  life  of  any  animal  after  it  has 


I 


1153  INSURANCE.  Act  2189,  §§  7-10 

passed  its  fifteenth  birthday.  Every  such  contract  of  insurance  shall  be  founded  upon 
written  application  therefor,  and  (except  when  the  application  is  for  health,  accident, 
or  casualty  insurance  only,  or  for  one  hundred  dollars  life  insurance,  or  less)  such 
application  shall  be  accompanied  by  the  report  of  a  reputable  veterinarian,  containing 
a  detailed  statement  of  his  examination  of  the  animal,  and  showing  the  animal  to  be 
in  good  health,  and  recommending  the  issuance  of  a  contract  of  insurance.  Any 
solicitor,  agent,  employee,  examining  veterinarian,  or  other  person  making  a  false  or 
fraudulent  statement  to  any  corporation  doing  business  under  this  act,  with  reference 
to  any  application  for  insurance,  or  for  the  purpose  of  obtaining  any  money  or  benefit 
from  such  corporation,  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  shall 
be  punished  by  a  fine  of  not  less  than  one  hundred  dollars  nor  more  than  five  hundred 
dollars,  or  by  imprisonment  in  the  county  jail  for  not  less  than  thirty  days  nor  more 
than  one  year,  or  by  both  such  fine  and  imprisonment,  in  the  discretion  of  the  court; 
and  any  person  who  shall  make  a  false  statement  of  any  material  fact  or  thing  in  a 
sworn  statement  as  to  the  death  or  disability  of  an  animal  of  the  contract-holder  in 
any  such  corporation,  for  the  purpose  of  procuring  or  aiding  the  beneficiary  or  bene- 
ficiaries, or  contract-holder,  in  procuring  the  payment  of  a  benefit  named  in  the  eon- 
tract,  shall  be  guilty  of  perjury,  and  may  be  proceeded  against  and  punished  as 
provided  by  the  statutes  of  this  state  in  relation  to  the  crime  of  perjury. 

Benefits  not  liable  to  attachments. 

$  7.  The  money,  benefit,  annuities,  endowment,  charity,  relief,  or  aid  to  be  paid  as 
provided  by  the  contracts  issued  by  any  corporation  doing  business  under  this  act, 
shall  not  be  liable  to  attachment  or  other  process,  and  shall  not  be  seized,  taken, 
appropriated,  or  applied  by  any  legal  or  equitable  process,  nor  by  operation  of  law. 
to  pay  any  debts  or  liability  of  the  contract-holder,  or  any  beneficiary  named  there- 
under. 

Annual  statement  to  be  filed. 

§  8.  Every  domestic  and  foreign  corporation  doing  business  under  this  act,  shall, 
annually,  on  or  before  the  first  day  of  February,  file  with  the  insurance  commissioner, 
in  such  form  as  he  shall  prescribe,  a  statement  of  the  affairs  for  the  year  ending  on 
the  preceding  thirty-first  day  of  December.  The  insurance  commissioner,  in  person  or 
by  duly  authorized  deputy,  shall  have  the  power  of  examination  into  the  affairs  of  any 
domestic  corporation  doing  business  or  claiming  to  do  business  under  this  act,  at  any 
time,  in  his  discretion,  and  shall  make  such  examination  at  least  once  a  year. 

When  corporation  may  have  license  revoked. 

§  9.  If  the  insurance  commissioner,  after  exam.i nation  of  the  affairs  of  a  corporation, 
shall  find  that  such  corporation  is  not  doing  its  business  in  conformity  to  this  act,  or 
that  it  is  doing  a  fraudulent  or  unlawful  business,  or  that  it  is  not  carrying  out  its 
teiTas  of  contract,  or  that  it  can  not  within  three  months  from  the  date  of  notice  of 
default  pay  its  obligations,  he  shall  cite  the  president,  secretary,  manager,  or  general 
agent  of  said  corporation,  or  all  of  them,  to  appear  before  him  (stating  the  time  and 
place)  to  show  cause  why  the  authority  of  such  corporation  to  do  business  shall  not 
be  revoked;  and  if  they  can  not  show  cause,  then  he  shall  report  the  facts  to  the 
attorney-general  of  this  state,  who  shall  commence  proceedings  in  the  proper  court 
to  restrain  said  corporation  from  doing  any  further  business. 

Assessments,  notice  of  to  be  mailed. 

•5 10.  No  policy  or  certificate  issued  by  any  corporation  or  association  doing  business 
under  the  provisions  of  this  act  shall  lapse  or  be  lapsed  for  the  non-payment  of  any 
assessments,  dues,  or  premiums,  unless  the  corjioration  or  association  has  first  mailed 

Gen.  Laws — 73 


Act  2180a,  6 1  GENERAL,  LAWS.  1154 

to  the  insured  under  such  policy  or  certificate,  at  his  or  her  last  given  post-oflace 
address,  a  notice  setting  forth  the  amount  to  be  paid,  and  the  time  the  same  is  due 
and  paj'able;  and  such  notice  shall  be  mailed  at  least  fifteen  days  before  the  assess- 
ment is  due  (provided,  that  such  corporations  doing  business  under  this  act  as  collect 
specific  amounts  at  specific  dates,  as  contained  in  the  contract,  shall  not  be  compelled 
to  send  such  notices),  and  an  affidavit  made  by  the  officer,  book-keeper,  or  clerk  of  any 
such  corporation  having  charge  of  the  mailing  of  notices,  setting  forth  the  facts  as 
they  appear  on  the  records  in  the  office  of  the  said  corporation,  showing  that  such 
notice  was  mailed  and  the  date  of  mailing,  shall  constitute  conclusive  evidence  of  the 
mailing  of  such  notice. 

$  11.     [No  section  of  this  number  in  the  act  as  passed.] 

Fees  for  filing  statements,  etc. 

$  12.  The  fees  for  filing  statements,  certificates,  or  other  documents  required  by 
this  act,  or  for  any  service  or  act  of  the  insurance  commissioner,  and  the  penalties 
for  any  violation  of  this  act,  shall,  except  as  otherwise  provided  herein,  be  the  same 
as  provided  in  the  laws  of  this  state  relating  to  life-insurance  companies,  and  shall 
be  disposed  of  as  provided  by  such  law. 

Expenses  of  insurance  commissioner,  how  paid. 

§  13.  And  for  all  lawful  expenses  under  this  act,  or  by  reason  of  any  of  its  provi- 
sions in  the  prosecution  of  any  suit  or  proceedings,  or  otherwise,  for  the  enforcement 
of  the  provisions  of  this  act,  the  insurance  commissioner  must  present  bills  duly 
certified  by  him  and  accompanied  with  vouchers,  to  the  state  board  of  examiners,  who 
must  allow  the  same,  and  direct  payment  thereof  to  be  made;  and  the  state  controller 
shall  draw  warrants  therefor  on  the  state  treasurer  for  the  payment  of  the  same  to 
the  insurance  commissioner,  in  addition  to  the  ordinary  contingent  expenses,  which 
warrant  shall  be  payable  out  of  the  general  fund. 

$  14.     This  act  shall  take  effect  immediately. 

STANDARD  FORM  OF  ACCIDENT  AND  HEALTH  POLICY.  -^ 

ACT  2189a — An  act  to  incorporate  standard  provisions  in  policies  of  accident  and 

health  insurance,  to  prevent  discriminations  in  connection  therewith,  and  to  prescribe 

penalties  for  violations  of  the  provisions  hereof. 

History:    Approved  May  26,  1917.     In  effect  January  1,  1918.     Stats. 
1917,  p.  957. 

Accident  and  health  insurance  policies  approved  by  insurance  commissioner. 

§  1.  On  and  after  the  first  day  of  January,  1918,  no  policy  of  insurance  against  loss 
or  damage  from  the  sickness,  or  the  bodily  injury  or  death  of  the  insured  by  accident 
shall  be  issued  or  delivered  to  any  person  in  this  state  until  a  copy  of  the  form  thereof 
and  of  the  classification  of  risks,  if  more  than  one  class  of  risks  is  written  and  the 
premium  rates  pertaining  thereto  have  been  filed  with  the  commissioner  of  insurance; 
nor  shall  it  be  so  issued  or  delivered  until  the  expiration  of  thirty  days  after  it  has 
been  so  filed  unless  the  said  commissioner  shall  sooner  give  his  written  approval  thereto. 
If  the  said  commissioner  shall  notify,  in  writing,  the  company,  corjDoration,  association, 
society  or  other  insurer  which  has  filed  such  form  that  it  does  not  comply  with  the 
requirements  of  law,  specifying  the  reasons  for  his  opinion,  it  shall  be  unlawful  there- 
after for  any  such  insurer  to  issue  any  policy  in  such  form.  The  action  of  the  said 
commissioner  in  this  regard  shall  be  subject  to  review  by  any  court  of  competent  juris- 
diction; provided,  however,  that  nothing  in  this  act  shall  be  so  construed  as  to  give 
iurisdiction  to  any  court  not  already  having  jurisdiction. 


1155  INSURANCE.  Act  2189a,  §§  S,  2 

What  policy  must  contain. 

$  2.  No  such  policy  shall  be  so  issued  or  delivered  (1)  unless  the  entire  money  and 
other  considerations  therefor  are  expressed  in  the  policy;  nor  (2)  unless  the  time  at 
which  the  insurance  thereunder  takes  effebt  and  terminates  is  stated  in  a  portion  ol 
the  policy  preceding  its  execution  by  the  insurer;  nor  (3)  if  the  policy  purports  to 
insure  more  than  one  person;  nor  (4)  unless  every  printed  portion  thereof  and  of  any 
endorsements  or  attached  papers  shall  be  plainly  printed  in  type  of  which  the  face 
shall  be  not  smaller  than  ten  point;  nor  (5)  unless  a  brief  description  thereof  be 
printed  on  its  first  page  and  on  its  filing  back  in  type  of  which  the  face  shall  be  not 
smaller  than  fourteen  point;  nor  (6)  unless  the  exceptions  of  the  policy  be  printed  with 
the  same  prominence  as  the  benefits  to  which  they  apply;  provided,  however,  that  any 
portion  of  such  policy  which  purports,  by  reason  of  the  circumstances  under  which  a 
loss  is  incurred,  to  reduce  any  indemnity  promised  therein  to  an  amount  less  than  that 
provided  for  the  same  loss  occurring  under  ordinary  circumstances,  shall  be  printed 
in  bold  face  type  and  with  greater  prominence  than  any  other  portion  of  the  text  of 
the  policy. 

Standard  provisions. 

$  3.  Every  such  policy  so  issued  shall  contain  certain  standard  provisions,  which 
shall  be  in  the  words  and  in  the  order  hereinafter  set  forth  and  be  preceded  in  every 
policy  by  the  caption,  "Standard  provisions."  In  each  such  standard  provision  wher- 
ever the  word  ** insurer"  is  used,  there  shall  be  submitted  therefor  "company"  or 
"corporation"  or  "association"  or  "society"  or  such  other  word  as  will  properly 
designate  the  insurer.    Said  standard  provisions  shall  be : 

Contract. 

(1)  A  standard  provision  relative  to  the  contract  which  may  be  in  either  of  the 
following  two  forms:  form  (A)  to  be  used  in  policies  which  do  not  provide  for  reduc- 
tion of  indemnity  on  account  of  change  of  occupation,  and  form  (B)  to  be  used  in 
policies  which  do  so  provide.  If  form  (B)  is  used  and  the  policy  provides  indemnity 
against  loss  from  sickness,  the  words  "or  contracts  sickness"  may  be  inserted  therein 
immediately  after  the  words  "in  the  event  that  the  insured  is  injured." 

Form  (A). 

(A)  1.  This  policy  includes  the  endorsements  and  attached  papers,  if  any,  and 
contains  the  entire  contract  of  insurance.  No  reduction  shall  be  made  in  any  indemnity 
herein  provided  by  reason  of  change  in  the  occupation  of  the  insured  or  by  reason  of 
his  doing  any  act  or  thing  pertaining  to  any  other  oecui^ation. 

Form  (B). 

(B)  1.  This  policy  includes  the  endorsements  and  attached  papers,  if  any,  and 
contains  the  entire  contract  of  insurance  except  as  it  may  be  modified  by  the  insurer 's 
classification  of  risks  and  premium  rates  in  the  event  that  the  insured  is  injured  after 
having  changed  his  occupation  to  one  classified  by  the  insurer  as  more  hazardous  than 
that  stated  in  the  policy,  or  while  he  is  doing  any  act  or  thing  pertaining  to  any  occupa- 
tion so  classified,  except  ordinary  duties  about  his  residence  or  while  engaged  in  recre- 
ation, in  which  event  the  insurer  will  pay  only  such  portion  of  the  indemnities  pro- 
vided in  the  policy  as  the  premium  paid  would  have  purchased  at  the  rate  but  within 
the  limits  so  fixed  by  the  insurer  for  such  more  hazardous  occupation. 

If  the  law  of  the  state  in  which  the  insured  resides  at  the  time  this  policy  is  issued 
requires  that  prior  to  its  issue  a  statement  of  the  premium  rates  and  classification  of 
risks  pertaining  to  it  shall  be  filed  with  the  state  official  having  supervision  of  insur- 
ance in  such  state  then  the  premium  rates  and  classification  of  risks  mentioned  in  thi.' 


A.ct  2189a  GE^NERAL,  LA\%'S.  1150 

policy  shall  mean  only  such  as  have  been  last  filed  by  the  insurer  in  accordance  with 
such  law,  but  if  such  filing  is  not  required  by  such  law,  then  they  shall  mean  the 
insurer's  premium  rates  and  classification  of  risks  last  made  effective  by  it  in  such  state 
prior  to  the  occurrence  of  the  loss  for  which  the  insurer  is  liable. 

Changes  in  contract. 

(2)  A  standard  provision  relative  to  changes  in  the  contract,  which  shall  be  in  the 
following  form: 

2.  No  statement  made  by  the  applicant  for  insurance  not  included  herein  shall  avoid 
the  policy  or  be  used  in  any  legal  proceeding  hereunder.  No  agent  has  authority  to 
change  this  policy  or  to  waive  any  of  its  provisions.  No  change  in  this  policy  shall  be 
valid  unless  approved  by  an  executive  officer  of  the  insurer  and  such  aj)proval  be 
endorsed  hereon. 

Reinstatement  of  policy. 

(3)  A  standard  provision  relative  to  reinstatement  of  policy  after  lapse  which  may 
be  in  either  of  the  three  following  forms:  foim  (A)  to  be  used  in  policies  which  insure 
only  against  loss  from  accident;  form  (B)  to  be  used  in  policies  which  insure  only 
against  loss  from  sickness;  and  form  (C)  to  be  used  in  policies  which  insure  against 
loss  from  both  accident  and  sickness. 

(A)  3.  If  default  be  made  in  the  payment  of  the  agreed  premium  for  this  policy, 
the  subsequent  acceptance  of  a  premium  by  the  insurer  or  by  any  of  its  duly  authorized 
agents  shall  reinstate  the  policy,  but  only  to  cover  loss  resulting  from  accidental  injury 
thereafter  sustained. 

(B)  3.  If  default  be  made  in  the  payment  of  the  agreed  premium  for  this  policy,  the 
subsequent  acceptance  of  a  premium  by  the  insurer  or  by  any  of  its  duly  authorized 
agents  shall  reinstate  the  policy  but  only  to  cover  such  sickness  as  may  begin  more 
th&n  ten  days  after  the  date  of  such  acceptance. 

(C)  3,  If  default  be  made  in  the  payment  of  the  agreed  premium  for  this  policy, 
the  subsequent  acceptance  of  a  premium  by  the  insurer  or  by  any  of  its  duly  authorized 
agents  shall  reinstate  the  policy  but  only  to  cover  accidental  injury  thereafter  sus- 
tained and  such  sickness  as  may  begin  more  than  ten  days  after  the  date  of  such 
acceptance. 

Time  of  notice  of  claim. 

(4)  A  standard  provision  relative  to  time  of  notice  of  claim  which  may  be  in  either 
of  the  three  following  forms:  form  (A)  to  be  used  in  policies  which  insure  only  against 
loss  from  accident;  form  (B)  to  be  used  in  policies  which  insure  only  again  loss  from 
sickness,  and  form  (C)  to  be  used  in  policies  which  insure  against  loss  from  both  acci- 
dent and  sickness.  If  form  (A)  or  form  (C)  is  used  the  insurer  may  at  its  option  add 
thereto  the  following  sentence:  "In  event  of  accidental  death  immediate  notice  thereof 
must  be  given  to  the  insurer." 

(A)  4.  Written  notice  of  injury  on  which  claim  may  be  based  must  be  given  to  the 
insurer  within  twenty  days  after  the  date  of  the  accident  causing  such  injury. 

(B)  4.  Written  notice  of  sickness  on  which  claim  may  be  based  must  be  given  to 
the  insurer  within  ten  days  after  the  commencement  of  the  disability  from  such 
sickness. 

(C)  4.  Written  notice  of  injury  or  of  sickness  on  which  claim  may  be  based  must 
be  given  to  the  insurer  within  twenty  days  after  the  date  of  the  accident  causing  such 
injury  or  within  ten  days  after  the  commencement  of  disability  from  such  sickness. 


1157  INSURANCE.  Act  2i».89a 

Sufficiency  of  notice  of  claim. 

(5)  A  standard  provision  relative  to  sufficiency  of  notice  of  claim  ■which  shall  be 
in  the  following  form  and  in  which  the  insurer  shall  insert  in  the  blank  space  sact 
office  and  its  location  as  it  may  desire  to  designate  for  such  purpose  of  notice : 

5.  Such  notice  given  by  or  in  behalf  of  the  insured  or  beneficiary,  as  the  ease  iraaj 

be,   to  the  insurer  at or  to  any  authorized  agent  of  t.he 

insurer,  with  particulars  sufficient  to  identify  the  insured,  shall  be  deemed  to  be  notict 
to  the  insurer.  Failure  to  give  notice  within  the  time  provided  in  this  policy  shall  H.v)< 
invalidate  any  claim  if  it  shall  be  shown  not  to  have  been  reasonably  possible  to  giw 
such  notice  and  that  notice  was  given  as  soon  as  was  reasonably  possible. 

Forms  for  filing  proof  of  loss. 

(6)  A  standard  provision  relative  to  furnishing  forms  for  the  convenience  of  th< 
insured  in  submitting  proof  of  loss  as  follows : 

6.  The  insurer  upon  receipt  of  such  notice,  will  furnish  to  the  claimant  such  forma 
as  are  usually  furnished  by  it  for  filing  proofs  of  loss.  If  such  forms  are  not  so  fur- 
nished within  fifteen  days  after  the  receipt  of  such  notice,  the  claimant  shall  be  deemed 
to  have  complied  with  the  requirements  of  this  policy  as  to  proof  of  loss  upon  submit- 
ting within  the  time  fixed  in  the  policy  for  filing  proofs  of  loss,  written  proof  covering 
the  occurrence,  character  and  extent  of  the  loss  for  which  claim  is  made. 

Filing  proof  of  loss. 

(7)  A  standard  provision  relative  to  filing  proof  of  loss  which  shall  be  in  such  one 
of  the  following  forms  as  may  be  appropriate  to  the  indemnities  provided : 

(A)  7.  Affirmative  proof  of  loss  must  be  furnished  to  the  insurer  at  its  said  office 
within  ninety  days  after  the  date  of  the  loss  for  which  claim  is  made. 

(B)  7.  Affirmative  proof  of  loss  must  be  furnished  to  the  insurer  at  its  said  office 
within  ninety  days  after  the  termination  of  the  period  of  disability  for  which  the  com- 
pany is  liable. 

(C)  7.  Affiraiative  proof  of  loss  must  be  furnished  to  the  insurer  at  its  said  office 
in  ease  of  claim  for  loss  of  time  from  disability  within  ninety  days  after  the  termination 
of  the  period  for  which  the  insurer  in  liable,  and  in  case  of  claim  for  any  other  loss, 
within  ninety  days  after  the  date  of  such  loss. 

Examination  of  person  insured. 

(8)  A  standard  provision  relative  to  examination  of  the  person  of  the  insured  and 
relative  to  autopsy  which  shall  be  in  the  following  form : 

8.  The  insurer  shall  have  the  right  and  opportunity  to  examine  the  person  of  the 
insured  when  and  so  often  as  it  may  reasonably  re(juire  during  the  pendency  of  claim 
hereunder,  and  also  the  right  and  opportunity  to  make  an  autopsy  in  case  of  death 
where  it  is  not  forbidden  by  law. 

Time  within  which  payments  made. 

(9)  A  standard  provision  relative  to  the  time  within  which  payments  other  than 
those  for  loss  of  time  on  account  of  disability  shall  be  made,  which  provision  may  be 
in  either  of  the  following  two  forms  and  which  may  be  omitted  from  any  policy  pro- 
viding onl}'^  indemnity  for  loss  of  time  on  account  of  disability.  The  insurer  shall 
insert  in  the  blank  space  either  the  word  "immediately"  or  appropriate  language  to 
designate  such  period  of  time,  not  more  than  sixty  days,  as  it  may  desire;  form  (A)  to 
be  used  in  policies  which  do  not  provide  indemnity  for  loss  of  time  on  account  of  dis- 
ability and  form  (B)  to  be  used  in  policies  which  do  so  provide. 

(A)     9.  All  indemnities  provided  in  this  policy  will  be  j^aid after 

receipt  of  due  proof. 


Act21S9a  GBNE:RAL   LA\l^S.  1158 

(B)  9.  All  indemnities  provided  in  this  policy  for  loss  other  than  that  of  time  on 
account  of  disability  will  be  paid after  receipt  of  due  proof. 

Periodical  payments  of  indemnity. 

(10)  A  standard  provision  relative  to  periodical  payments  of  indemnity  for  loss  of 
time  on  account  of  disability,  which  provision  shall  be  in  the  following  form,  and  which 
may  be  omitted  from  any  policy  not  providing  for  such  indemnity.  The  insurer  shall 
insert  in  the  first  blank  space  of  the  form,  appropriate  language  to  designate  the  pro- 
portion of  accrued  indemnity  it  may  desire  to  pay,  which  proportion  may  be  all  or  any 
part  not  less  than  one-half,  and  in  the  second  blank  space  shall  insert  any  period  of  time 
not  exceeding  sixty  days. 

10.  Upon  request  of  the  insured  and  subject  to  due  proof  of  loss 

accrued  indemnity  for  loss  of  time  on  account  of  disability  will  be  paid  at  the  expira- 
tion of  eash  [each] during  the  continuance  of  the  period  for 

which  the  insurer  is  liable,  and  any  balance  remaining  unpaid  at  the  termination  of 
such  period  will  be  paid  immediately  upon  receipt  of  due  proof. 

Indemnity  pajnnents. 

(11)  A  standard  provision  relative  to  indemnity  payments  which  may  be  in  either 
of  the  two  following  forms:  form  (A)  to  be  used  in  policies  which  designate  a  benefi- 
ciary and  form  (B)  to  be  used  in  policies  which  do  not  designate  any  beneficiary  other 
than  the  insured: 

(A)  11.  Indemnity  for  loss  of  life  of  the  insured  is  payable  to  the  beneficiary  if 
surviving  the  insured,  and  otherwise  to  the  estate  of  the  insured.  All  other  indemni- 
ties of  this  policy  are  payable  to  the  insured. 

(B)  11.  All  the  indemnities  of  this  policy  are  payable  to  the  insured. 

Cancellation  of  policy. 

(12)  A  standard  provision  providing  for  cancellation  of  the  policy  at  the  instance 
of  the  insured  which  shall  be  in  the  following  form : 

12.  If  the  insured  shall  at  any  time  change  his  occupation  to  one  classified  by  the 
insurer  as  less  hazardous  than  that  stated  in  the  policy,  the  insurer,  upon  written 
request  of  the  insured,  and  surrender  of  the  policy,  will  cancel  the  same  and  will  return 
to  the  insured  the  unearned  premium. 

Rights  of  beneficiary. 

(13)  A  standard  provision  relative  to  the  rights  of  the  beneficiary  under  the  policy 
which  shall  be  in  the  following  form  and  which  may  be  omitted  from  any  policy  not 
designating  a  beneficiary: 

13.  Consent  of  the  beneficiary  shall  not  be  requisite  to  surrender  or  assignment  of 
this  policy,  or  to  change  of  beneficiarj'^,  or  to  any  other  changes  in  the  policy. 

Time  within  which  suit  may  be  brought. 

(14)  A  standard  provision  limiting  the  time  within  which  suit  may  be  brought  upon 
the  policy  as  follows: 

14.  No  action  at  law  or  in  equity  shall  be  brought  to  recover  on  this  policy  prior 
to  the  expiration  of  sixty  days  after  proof  of  loss  has  been  filed  in  accordance  with  the 
requirements  of  this  policy,  nor  shall  such  action  be  brought  at  all  unless  brought 
within  two  years  from  the  expiration  of  the  time  within  which  proof  of  loss  is  required 
by  the  policy. 

Time  limitations. 

(15)  A  standard  provision  relative  to  time  limitations  of  the  policy  as  follows : 

15.  If  any  time  limitation  of  this  policy  with  respect  to  giving  notice  of  claim  or 


1159  INSURANCE.  Act  21S9a,  8  4 

furnishing  proof  of  loss  is  less  than  that  permitted  by  the  law  of  the  state  in  which 
the  insured  resides  at  the  time  this  policy  is  issued,  such  limitation  is  hereby  extended 
to  agree  with  the  minimum  period  permitted  by  such  law. 

Optional  standard  provisions. 

$  4.  No  such  policy  shall  be  so  issued  or  delivered  which  contains  any  provision  (1) 
relative  to  cancellation  at  the  instance  of  the  insurer;  or  (2)  limiting  the  amount  of 
indemnity  to  a  sum  less  than  the  amount  stated  in  the  policy  and  for  which  the  pre- 
mium has  been  paid;  or,  (3)  providing  for  the  deduction  of  any  premium  from  the 
amount  paid  in  settlement  of  claim;  or,  (4)  relative  to  other  insurance  by  the  same 
insurer;  or,  (5)  relative  to  the  age  limits  of  the  policy;  unless  such  provisions  which 
are  hereby  designated  as  optional  standard  provisions,  shall  be  in  the  words  and  in  the 
order  in  which  they  are  hereinafter  set  forth,  but  the  insurer  may  at  its  option  omit 
from  the  policy  any  such  optional  standard  provision.  Such  optional  standard  provi- 
sions if  inserted  in  the  policy  shall  immediately  succeed  the  standard  provisions  named 
in  section  three  of  this  act. 

Cancellation  of  policy. 

(1)  An  optional  standard  provision  relative  to  cancellation  of  the  policy  at  the  in- 
stance of  the  insurer  as  follows : 

16.  The  insurer  may  cancel  this  policy  at  any  time  by  written  notice  delivered  to  the 
insured  or  mailed  to  his  last  address,  as  shown  by  the  records  of  the  insurer,  together 
with  cash  or  the  insurer's  check  for  the  unearned  portion  of  the  premiums  actually 
paid  by  the  insured,  and  such  cancellation  shall  be  without  prejudice  to  any  claim 
originating  prior  thereto. 

Reduction  of  amount  of  indemnity. 

(2)  An  optional  standard  provision  relative  to  reduction  of  the  amount  of  indemnity 
to  a  sum  less  than  that  stated  in  the  policy  as  follows : 

17.  If  the  insured  shall  carry  with  another  company,  corporation,  association  or 
society  other  insurance  covering  the  same  loss  without  giving  written  notice  to  the 
insurer,  then  in  that  ease  the  insurer  shall  be  liable  only  for  such  portion  of  the  indem- 
nity promised  as  the  said  indemnity  bears  to  the  total  amount  of  like  indemnity  in  all 
policies  covering  such  loss,  and  for  the  return  of  such  part  of  the  premium  paid  as 
shall  exceed  the  pro  rata  for  the  indemnity  thus  determined. 

Deduction  of  premium. 

(3)  An  optional  standard  provision  relative  to  deduction  of  premium  upon  settle- 
ment of  claim  as  follows : 

18.  Upon  the  payment  of  claim  hereunder  any  premium  then  due  and  unpaid  or 
covered  by  any  note  or  written  order  may  be  deducted  therefrom. 

Other  insurance. 

(4)  An  optional  standard  provision  relative  to  other  insurance  by  the  same  insurei 
which  shall  be  in  such  one  of  the  following  forms  as  may  be  appropriate  to  the  indemni- 
ties provided,  and  in  the  blank  spaces  of  which  the  insurer  shall  insert  such  upward 
limits  of  indemnity  as  are  specified  by  the  insurer's  classification  of  risks,  filed  as 
required  by  this  act. 

(A)  19.  If  a  like  policy  or  policies,  previously  issued  by  the  insurer  to  the  insured 
be   in   force    concurrently   herewith,   making   the    aggregate    indemnity   in    excess    of 

$ ,  the  excess  insurance  shall  be  void  and  all  premiums  paid  for  such  excess 

shall  be  returned  to  the  insured. 

(B)  19.  If  a  like  policy  or  policies,  previously  issued  by  the  insurer  to  the  insured 
be  in  force  concurrently  herewith,  making  the  aggregate  indemnity  for  loss  of  time  on 


Ad  21S9a,  §§  5-8  GENERAL   I- A WS.  »!«• 

account  of  disability  in  excess  of  $ weekly,  the  excess  insurance  shall 

be  void  and  all  premiums  paid  for  such  excess  shall  be  returned  to  the  insured. 

(C)  19.  If  a  like  policy  or  policies,  previously  issued  by  the  insurer  to  the  insured 
be  in  force  concurrently  herewith,  making  the  aggregate  indemnity  for  loss  other  than 

that  of  time  on  account  of  disability  in  excess  of  $ ,  or  the  aggregate 

indemnity  for  loss  of  time  on  account  of  disability  in  excess  of  $ weekly 

the  excess  insurance  of  either  kind  shall  be  void  and  all  premiums  paid  for  such  excess 
shall  be  returned  to  the  insured. 

Age  limits. 

(5)  An  optional  standard  provision  relative  to  the  age  limits  of  the  policy  which 
shall  be  in  the  following  form  and  in  the  blank  spaces  of  which  the  insurer  shall  insert 
such  number  of  years  as  it  may  elect : 

20.     The  insurance  under  this  policy  shall  not  cover  any  person  under  the  age  of 

years  nor  over  the  age  of years.    Any  premium  paid  to  the  insurer  for 

any  period  not  covered  by  this  policy  will  be  returned  upon  request. 

Contradictory  provisions.. 

§  5.  No  such  policy  shall  be  so  issued  or  delivered  if  it  contains  any  provision  con- 
tradictory, in  whole  or  part,  of  any  of  the  provisions  hereinbefore  in  this  act  designated 
as  "Standard  provisions"  or  as  "Optional  standard  provisions";  nor  shall  any  in- 
dorsements or  attached  papers  vary,  alter,  extend,  be  used  as  a  substitute  for,  or  in  any 
way  conflict  with  any  of  the  said  "Standard  provisions"  or  the  said  "Optional  stand- 
ard provisions";  nor  shall  such  policy  be  so  issued  or  delivered  if  it  contains  any  pro- 
vision purporting  to  make  any  portion  of  the  charter,  constitution  or  by-laws  of  the 
insurer  a  part  of  the  policy  unless  such  portion  of  the  charter,  constitution  or  by-laws 
shall  be  set  forth  in  full  in  the  policy,  but  this  prohibition  shall  not  be  deemed  to  apply 
to  any  statement  of  rates  or  classification  of  risks  filed  with  the  commissioner  of  insur- 
ance in  accordance  with  the  provisions  of  this  act. 

False  statement. 

§  6.  The  falsity  of  any  statement  in  the  application  for  any  policy  covered  by  this 
act  shall  not  bar  the  right  to  recovery  thereunder  unless  such  false  statement  was 
made  with  actual  intent  to  deceive  or  unless  it  materially  affected  either  the  acceptance 
of  the  risk  or  the  hazard  assumed  by  the  insurer. 

Rights  of  insurer  in  defense  of  claim. 

$  7.  The  acknowledgment  by  any  insurer  of  the  receipt  of  notice  given  under  any 
policy  covered  by  this  act,  or  the  furnishing  of  forms  for  filing  proofs  of  loss,  or  the 
acceptance  of  such  proofs,  or  the  investigation  of  any  claim  thereunder  shall  not  oper- 
ate as  a  waiver  of  any  of  the  rights  of  the  insurer  in  defense  of  any  claim  arising  under 
such  policy. 

Alteration  of  application. 

$  8.  No  alteration  of  any  written  application  for  insurance  by  erasure,  insertion  or 
otherwise,  shall  be  made  by  any  person  other  than  the  applicant  without  his  written 
consent,  and  the  making  of  any  such  alteration  without  the  consent  of  the  applicant 
shall  be  a  misdemeanor.  If  such  alteration  shall  be  made  by  any  officer  of  the  insurer, 
or  by  any  employee  of  the  insurer  with  the  insurer's  knowledge  or  consent,  then  such 
act  shall  be  deemed  to  have  been  performed  by  the  insurer  thereafter  issuing  the  policy 
upon  such  altered  application. 


4 


1161  INSIRAIVCE.  ,  Act  21S0a,  §§  9-ia 

Policy  in  violation  of  act. 

$  9.  A  policy  issued  in  violation  of  this  act  shall  be  held  valid  but  shall  be  construed 
as  provided  in  this  act  and  when  any  provision  in  such  a  policy  is  in  conflict  with  any 
provision  of  this  act  the  rights,  duties  and  obligations  of  the  insurer,  the  policyholder 
and  the  beneficiary  shall  be  governed  by  the  provisions  of  this  act. 

Policies  issued  by  insurer  not  organized  under  laws  of  state. 

$  10.  The  policies  of  insurance  against  accidental  bodily  injury  or  sickness  issued 
by  an  insurer  not  organized  under  the  laws  of  this  state  may  contain,  when  issued  in 
this  state,  any  provision  which  the  law  of  the  state,  territory  or  district  of  the  United 
States  under  which  the  insurer  is  organized,  prescribes  for  insertion  in  such  policies, 
and  the  policies  of  insurance  against  accidental  bodily  injury  or  sickness  issued  by  an 
insurer  organized  under  the  laws  of  this  state  may  contain,  when  issued  or  delivered  in 
any  other  state,  territory,  district  or  country,  any  provision  required  by  the  laws  of 
the  state,  territory,  district  or  country  in  which  the  same  are  issued,  anything  in  this 
section  to  the  contrary  notwithstanding. 

Not  applicable  to  workmen's  compensation  insurance,  etc 

■^  11.  (1)  Nothing  in  this  act,  however,  shall  apply  to  or  affect  any  policy  or  liability 
of  workmen's  compensation  insurance  or  any  general  or  blanket  policy  of  insurance 
issued  to  any  municipal  corporation  or  department  thereof,  or  to  any  corporation, 
copartnership,  association  or  individual  employer,  police  or  fire  department,  under- 
writers' corps,  salvage  bureau,  or  like  associations  or  organizations,  where  the  officers, 
members  or  employees  or  classes  or  departments  thereof  are  insured  for  their  individual 
benefit  against  specified  accidental  bodily  injuries  or  sickness  while  exposed  to  the 
hazards  of  the  occupation  or  otherwise  in  consideration  of  a  premium  intended  to  cover 
the  risks  of  all  the  persons  insured  under  such  policy. 

Supplemental  contracts. 

(2)  Nothing  in  this  act  shall  apply  to  or  in  any  way  affect  contracts  providing  addi- 
tional benefits  for  accidental  death  supplemental  to  contracts  of  life  or  endowment 
insurance  nor  where  such  supplemental  contracts  contain  provisions  which  operate  to 
safeguard  such  insurance  against  lapse  or  to  provide  a  special  surrender  value  therefor 
in  the  event  that  the  insured  shall  be  totally  and  permanently  disabled  by  reason  of 
accidental  bodily  injury  or  by  sickness;  provided,  that  no  such  supplemental  contract 
shall  be  issued  or  delivered  to  any  person  in  this  state  unless  and  until  a  copy  of  the 
form  thereof  has  been  submitted  to  and  approved  by  the  commissioner  of  insurance, 
under  such  reasonable  rules  and  regulations  as  he  shall  make  concerning  the  provisions 
in  such  contracts  and  their  submission  to  and  approval  by  him. 

Fraternal  societies. 

(3)  Nothing  in  this  act  shall  apply  to  or  in  any  way  affect  fraternal  benefit  societies. 
Railroad  ticket  policies. 

(4)  The  provisions  of  this  act  contained  in  clause  (five)  of  section  two  and  clauses 
two,  three,  eight  and  twelve  of  section  three  may  be  omitted  from  railroad  ticket  policies 
sold  only  at  raih-oad  stations,  or  at  railroad  ticket  offices  by  railroad  employees. 

Penalty. 

§  12.  Any  company,  corporation,  association,  society  or  other  insurer  or  any  officer 
or  agent  thereof,  which  or  who  issues  or  delivers  to  any  person  in  this  state  any  policy 
in  wilful  violation  of  the  provisions  of  this  act  shall  be  punished  by  a  fine  of  not  more 
than  one  hundred  dollars  for  each  offense,  and  the  commissioner  of  insurance  may 
revoke  the  license  of  any  company,  corporation,  association,  society  or  other  insurer  of 


Act  21»«,  §§  1-4  GENERAL  LAWS.  1103 

another  state  or  country,  or  of  the  agent  thereof,  which  or  who  wilfully  violates  any 
provision  of  this  act. 

"Indemnity." 
$  13.     The  term  "indemnity,"  as  used  in  this  act.  means  benefits  promised. 

Penalty  for  discrimination. 

§  14.  No  insurance  corporation  authorized  in  this  state  to  issue  or  deliver  insurance 
against  loss  or  damage  from  sickness,  or  bodily  injury  or  death  by  accident,  nor  any 
agent  of  such  corporation,  shall  make  or  permit  any  discrimination  between  individuals 
of  the  same  class  in  the  amount  of  premiums,  policy  fees,  or  rates  charged  for  any 
policy  of  accident  or  health  insurance,  or  in  the  benefits  payable  thereunder  or  in  any 
of  the  terras  or  conditions  of  such  insurance  contract,  or  in  any  other  manner  whatso- 
ever. Any  person  or  corporation  violating  any  provision  of  this  section  shall  be  guilty 
of  a  misdemeanor. 

In  effect  when. 

§  15.  This  act  shall  take  effect  on  the  first  day  of  January,  1918.  Any  policy  cov- 
ered by  this  act  the  form  of  which  has  received  the  approval  of  the  commissioner  of 
insurance  may  be  issued  or  delivered  in  this  state  on  and  after  the  said  date. 

MUTUAL  FIRE  INSURANCE  COMPANIES. 
ACT  2190 — An  act  providing  for  the  organization  and  management  of  mutual  fire  in- 
surance corporations  and  associations  and  defining  the  same,  and  regulating  the 
transaction  of  the  business  of  mutual  fire  insurance  in  the  state  of  California,  and 
repealing  an  act  entitled  "An  act  providing  for  the  organization  and  management 
of  mutual  fire  insurance  companies,"  approved  March  19,  1907. 

History:    Approved  May  1,  1911,  Stats.  1911,  p.  1342. 

Mutual  fire  insurance  corporations. 

$  1.  Private  corporations  or  associations  may  be  formed  for  a  term  to  be  stated  in 
their  articles  not  exceeding  fifty  years  for  the  purpose  of  insuring  the  property  of  their 
members  against  loss  or  damage  by  fire  in  accordance  with  this  act,  and  not  otherwise. 

Trustees  to  adopt  by-laws. 

§  2.  The  ti'ustees  or  directors  of  any  corporation  or  association  shall  adopt  such 
by-laws  not  in  conflict  with  the  laws  of  this  state,  as  they  may  deem  proper  for  the 
government  of  its  affairs  and  the  conduct  of  its  business.  Such  by-laws  shall  provide  for 
the  liability  of  its  members  in  accordance  with  the  provisions  of  this  act. 

Each  member  liable. 

§  3.  Each  person  or  partnership  or  corporation  accepting  a  policy  in  any  such 
mutual  insurance  corporation  or  association  shall  thereby  become  a  member  of  such 
corporation  or  association  and  shall  be  liable  for  his  proportionate  share  of  losses  and 
operating  expenses  as  hereinafter  provided. 

No  policy  issued  until  five  hundred  thousand  dollars  is  subscribed  for. 

§  4.  No  policy  shall  be  issued  by  any  such  corporation  or  association  until  n6t  less 
than  five  hundred  thousand  (500,000)  dollars  of  insurance  in  not  less  than  five  hundred 
separate  risks  have  been  subscribed  for  and  are  entered  upon  its  books,  nor  until  it  has 
collected  from  insurance  premiums,  and  then  has  on  hand  not  less  than  ten  thousand 
(10,000)  dollars  in  cash  over  and  above  all  liabilities  other  than  reinsurance  reserve  as 
specified  in  section  13  of  this  act,  and  also  contingent  funds  consisting  of  the  liability 
of  its  members  liable  to  assessment,  in  addition  to  cash  premiums  collected,  amounting 
to  not  less  than  fifty  thousand  (50,000)  dollars,  such  liability  to  be  shown  in  the  signed 
applications  of  its  members. 


11G3  INSURAXCE.  Act  2190,  §§  5-7 

Limit  of  expenses. 

§  5.  The  expenses,  including  commissions  and  fees  to  agents  and  officers  of  any 
calendar  year,  of  any  such  corporation  or  association  organized  or  operating  under 
this  act  shall  be  limited  to  thirty  per  cent  of  what  is  left  of  the  gross  premiums  actually 
received  during  that  year,  after  deducting  from  such  premiums  the  return  premiums 
and  reinsurance  paid  out  by  or  for  which  the  corporation  or  association  has  become 
liable  during  the  year.  A  violation  of  this  provision  shall  render  the  officers  and 
directors  and  all  persons  having  similar  powers  jointly  and  severally  liable  to  such 
company  for  any  amount  used  for  expenses  in  excess  of  the  amount  provided  for  in 
this  section.  In  the  event  that  such  company  fails  or  refuses  to  recover  such  moneys 
so  paid,  the  insurance  commissioner  may  sue  for  and  recover  the  same  from  any  one 
or  all  of  the  officers  or  directors  and  all  persons  having  similar  powers  of  such  company 
for  the  benefit  of  its  policy-holders.  No  officer  or  other  person  whose  duty  it  is  to  deter- 
mine the  character  of  the  risks,  and  upon  whose  decision  the  application  shall  be 
accepted  or  rejected  by  such  corporation  shall  receive  as  any  part  of  his  compensation 
a  commission  upon  the  premiums,  but  his  compensation  shall  be  a  fixed  salary  and  such 
share  of  the  net  profits  as  the  directors,  and  all  persons  having  similar  powers  may 
determine. 


Policies  not  to  exceed  term  of  five  years  and  amount  of  twenty-five  hundred  dollars. 

§  6.  Such  corporation  or  association  may  issue  policies  for  a  term  not  exceeding 
five  years;  provided,  the  term  of  any  policy  does  not  exceed  the  time  limited  for  the 
existence  of  the  charter  or  articles  of  association.  No  policy  or  policies  shall  be  for 
an  amount  in  excess  of  twenty-five  hundred  (2500)  dollars  on  any  one  risk,  unless 
protected  by  reinsurance  in  companies  having  sufficient  assets  and  surplus  to  entitle 
such  companies  to  be  permitted  to  do  business  in  the  state  of  California;  provided, 
however,  that  one  thousand  (1000)  dollars  additional  insurance  may  be  written  on  any 
one  risk  for  each  million  dollars  of  total  insurance  outstanding  on  the  books  of  the 
corporation  or  association  in  excess  of  one  million  dollars;  provided,  further,  that  two  or 
more  buildings  situated  in  the  same  city  block,  or  separated  by  less  than  one  hundred 
feet  shall  be  deemed  to  be  one  risk. 

Mutual  corporation  to  file  statement  with  insurance  commissioner. 

§  7.  Any  mutual  fire  insurance  corporation  or  association  without  subscribed  capital 
or  guarantee  fund  organized  under  the  laws  of  some  other  state  desiring  to  transact 
business  in  this  state  shall  file  with  the  insurance  commissioner  its  last  financial  state- 
ment, showing  its  condition  on  December  31st,  next  pi-eeeding  the  date  of  its  appli- 
cation for  admission,  signed  by  its  president  and  secretary  under  oath,  and  showing 
that  it  is  possessed  of  cash  assets  of  not  less  than  two  hundred  thousand  (200,000) 
dollars,  of  which  not  less  than  fifty  thousand  (50,000)  dollars  shall  be  net  cash  surplus 
over  and  above  all  liabilities,  including  its  reinsurance  reserve  as  provided  in  section 
13  of  this  act.  Also  a  certificate  from  the  insurance  commissioner  of  the  state  in 
which  said  corporation  or  association  is  incorporated,  certifying  that  in  the  judgment 
of  the  state  insurance  commissioner  the  statement  is  correct  and  that  the  corjwration 
or  association  is  possessed  of  two  hundred  thousand  (200,000)  dollars  cash  assets,  of 
which  not  less  than  fifty  thousand  (50,000)  dollars  is  such  net  cash  surplus.  The 
insurance  commissioner  of  this  state  upon  receipt  and  examination  of  such  statement 
and  certificate  and  upon  satisfying  himself  of  the  correctness  thereof  and  of  compli- 
ance with  the  law  of  this  state  applicable  as  shown  by  this  act  shall  issue  to  such  cor- 
poration or  association  a  certificate  of  authorit}?  granting  it  full  power  to  transact 
5?'tsiness  under  this  act. 


Act  2190.  §§S-11  GENERAL  LAWS.  1194 

Policy-holders  liable  for  assessment. 

$  8.  Each  policy-holder  shall  be  liable  to  pay  his  proportionate  share  of  any  assess- 
ment which  may  be  levied  by  any  such  corporation  or  association  and  in  accordance  with 
the  law  and  his  contract,  on  account  of  losses  and  expenses  incurred  while  he  is  a  mem- 
ber. Any  such  cor])oration  or  association  shall  charge  and  collect  upon  its  policies  the 
full  premium  in  cash,  and  may,  in  its  by-laws,  fix  the  liability  of  its  members  for  the 
payment  of  the  losses  and  expenses  not  provided  for  by  its  cash  funds;  provided,  that 
the  liability  of  a  member  to  assessment  shall  not  be  less  than  the  amount  of  one  annual 
premium  in  addition  to  the  annual  cash  premium  of  his  policy.  Provided,  however,  that 
coi-jiorations  or  associations  which  have  accumulated,  in  the  regular  course  of  the  busi- 
ness, cash  assets  of  not  less  than  two  hundred  thousand  (200,000)  dollars  of  which  not 
less  than  fifty  thousand  (50,000)  dollars  is  net  cash  surplus  over  and  above  all  the 
requirements  of  section  13  of  this  act  shall  have  power,  while  in  that  condition,  to 
adopt  by-laws  limiting  the  liability  of  its  policy-holders  for  loss  or  damage  by  fire  to 
any  amount  it  may  desire  to  specify  in  its  f»olicies,  and  the  power  to  issue  policies  with 
such  limitation  of  liability  to  continue  onlj-^  during  the  time  such  corporation  or  asso- 
ciation is  in  such  financial  condition;  provided,  further,  that  every  such  corporation  or 
association  must  print  upon  its  policies  such  by-laws  or  mutual  conditions  as  will  define 
the  liability  of  a  policy-holder. 

Assessments  to  pay  losses  and  expenses. 

§  9.  Whenever  such  cori^oration  or  association  is  not  possessed  of  cash  funds  above 
its  reinsurance  reserve  fund  and  all  other  liabilities  sufficient  for  the  payment  of 
accrued  losses  it  shall  make  an  assessment  for  the  amount  needed  to  pay  such  losses 
and  expenses,  upon  its  members  liable  to  assessment  therefor  in  proportion  to  their  sev- 
eral liabilities.  The  corporation  or  association  shall  cause  to  be  recorded  in  a  book  kept 
for  that  purpose  the  order  of  such  assessment,  together  with  a  statement  which  shall  set 
forth  the  condition  of  the  corporation  or  association  at  the  date  of  the  order,  the  amount 
of  its  cash  assets  and  contingent  funds  liable  to  assessment  and  the  amount  of  the 
assessment  called  for.  Such  record  shall  be  made  and  signed  by  the  directors  or  other 
persons  who  voted  for  the  order,  before  any  part  of  the  assessment  is  collected,  and 
any  person  liable  to  assessment  may  inspect  and  take  a  copy  of  the  same. 

Members  may  withdraw. 

^  10.  Any  member  of  any  such  corporation  or  association  may  withdraw  at  any 
time  by  surrendering  his  policy  or  certificate  of  insurance  to  the  corporation  or  asso- 
ciation and  giving  thirty  days'  written  notice  of  his  intention  to  withdraw  and  by  pay- 
ing his  share  of  all  losses  which  shall  have  accrued  by  the  end  of  the  time  specified  in 
the  notice,  and  of  all  losses  arising  out  of  fires  oecui-ring  theretofore  and  all  losses  occur- 
ing  within  thirty  days  after  the  service  of  such  notice  and  all  assessments  levied  in 
whole  or  in  part  to  meet  such  losses,  and  all  assessments  due,  accrued  or  pending  at  the 
time  of  the  cancellation  of  his  policy,  but  the  corporation  or  association  may  retain  the 
customary  short  rate  for  the  expired  time;  provided,  also  that  the  corporation  shall 
have  power  to  cancel  or  determine  any  policy  by  giving  the  insured  five  days'  written 
notice  to  that  effect,  and  returning  to  the  insured  his  pro  rata  of  the  unearned  premium. 

Dividends. 

§  11.  No  corporation  or  association  formed  under  this  act  may  make  any  dividend 
except  from  profits  on  hand,  after  retaining  unimpaired  a  cash  surj^lus  of  fifty  thousand 
(50,000)  dollars  over  and  above  all  liabilities  including  reinsurance  reserve  and  shall 
thereafter  retain  not  less  than  five  per  cent  per  annum  of  all  profits  available  for  divi- 
dends until  the  sum  of  two  hundred  thousand  dollars  ($200,000)   net  cash  surplus  has 


I1C5  INSIRANCE.  Act  2190,  §§  12-17 

been  accumulated.  Such  cash  surplus  shall  be  invested  in  the  manner  provided  for  in 
subdivisions  1,  2,  3,  and  4  of  section  421  of  the  Civil  Code  of  the  state  of  California  as 
that  section  was  amended  by  act  approved  March  22,  1907. 

Annual  statement. 

$  12.  Any  corporation  or  association  organized  or  operating  under  this  act  shall  file 
with  the  insurance  commissioner  on  or  before  the  first  day  of  March  of  each  year,  its 
financial  statement  exhibiting  its  condition  on  the  thirty-first  day  of  December  next 
preceding.  Such  statement  shall  be  made  as  provided  for  in  the  blanks  furnished  by 
the  insurance  department. 

When  company  is  insolvent. 

§  13.  Whenever  the  liabilities  of  any  corporation  or  assoeiatior  operating  under 
this  act  for  losses  reported,  expenses,  taxes,  reinsurance  reserve  upon  all  unexpired  fire 
risks  running  one  year  or  less  from  date  of  policy  at  fifty  (50)  per  cent,  and  upon  all 
unexpired  fire  risks  running  more  than  one  year  from  date  of  policj  to  be  estimated 
pro  rata,  are  greater  than  its  admitted  cash  assets,  or  whenever  the  available  resources 
of  any  company  are  less  than  the  requirements  under  section  4  of  t?ds  act,  then  such 
company  or  association  is  insolvent. 

Sections  of  codes  applicable. 

^  14.  The  general  provisions  applicable  to  all  corporations  as  expi  essed  in  part  IV, 
division  I  of  the  Civil  Code  of  the  state  of  California  and  all  provisions  contained  in 
sections  595,  590,  596a,  597,  598,  599,  603,  604,  605,  606,  607,  608,  609,  610,  611,  612,  615, 
616,  617,  618,  619,  620,  621,  622,  623,  627,  631,  631a,  632,  633,  634a,  634b  of  the  Political 
Code  of  the  state  of  California,  and  sections  435  and  439  of  the  Penal  Code  of  the 
state  of  California,  and  section  388  of  the  Code  of  Civil  Procedure  -of  the  state  of 
California,  also  section  415  of  the  Civil  Code  of  the  state  of  California,  and  all  other 
laws  of  the  state  relating  to  fire  insurance,  in  so  far  as  any  section  or  law  herein 
referred  to  is  not  inconsistent  with  or  in  conflict  with  the  provisions  of  this  act,  are 
hereby  made  to  apply  to  all  corporations  or  associations  operating  under  J.his  act;  pro- 
vided, nothing  herein  shall  relieve  such  corporation  or  associations  froiM  full  com- 
})liance  with  the  provisions  of  section  14  of  Article  XIII  of  the  constitution  cf  the  state 
of  California  and  of  all  statutes  enacted  in  aid  thereof. 

I^ot  applicable. 

^15.  This  act  shall  not  apply  to  contracts  made  between  persons,  firms  and  corpora- 
tions of  this  state,  and  others  of  this  state  and  other  states  for  the  protectior  of  their 
own  property  under  the  plan  known  as  reciprocal  or  inter-insurance,  nor  to  -mincor- 
porated  inter-indemnity  compacts. 

County  fire  insurance  companies. 

$  16.  Nothing  in  this  act  shall  be  constmod  to  restrict  or  affect  the  provision:*  ol 
"An  act  to  provide  for  the  organization  and  management  of  county  fii-e  insurance  com- 
panies," approved  April  1,  1897. 

Repeal. 

$  17.  That  certain  act  of  the  legislature  of  the  state  of  California,  entitled  "An  act 
providing  for  the  organization  and  management  of  mutual  fire  insurance  companies" 
(approved  March  19,  1907),  is  hereby  repealed. 


Act  :i»2a,  §S  1-3  GENERAL,  LAWS.  IIM 

RECIPROCAL  INDEMNITY  INSURANCE  ACT  OF  1917. 
ACT  2192a — An  act  providing  for  reciprocal  and  interexchanges  of  indemnities,  pre- 
scribing regulations  therefor  and  fixing  a  license  fee,  and  repealing  an  act  entitled 
"An  act  defining  certain  classes  of  contracts  for  the  exchange  of  indemnity,  pre- 
scribing regidations  therefor  and  fixing  a  license  fee,"  approved  December  24,  1911. 

History:  Approved  May  26,  1917.  In  effect  July  27,  1917.  Stats. 
1917,  p.  1170.  Amended  May  27,  1919.  In  effect  July  27,  1919.  Stats. 
1919,  p.  1270.  Prior  act  of  December  24,  1911,  Stats.  1911  (ex.  sess.), 
p.  Ill,  superseded  by  present  act.  The  title  of  the  present  act  recites 
the  repeal  of  the  act  of  1911,  but  no  mention  is  made  of  it  in  the  body 
of  the  act. 

Exchange  of  reciprocal  or  inter-insurance  contracts. 

§  1.  Individuals,  partnerships  and  corporations  of  this  state,  hereby  designated  sub- 
scribers, are  hereby  authorized  to  exchange  reciprocal  or  interinsurance  contracts  with 
each  other,  or  with  individuals,  partnerships  and  corporations  of  other  states,  terri- 
tories, districts  and  countries,  providing  insurance  among  themselves  from  any  loss 
which  may  be  insured  against  under  other  provisions  of  law,  except  life  insurance. 

Execution  of  contracts. 

$  2.  Such  contracts  may  be  executed  by  an  attorney,  agent  or  other  representative 
herein  designated  as  attorney,  duly  authorized  and  acting  for  such  subscribers  under 
powers  of  attorney,  and  such  attorney  may  be  a  corporation.  The  principal  oflfice  of 
such  attorney  shall  be  maintained  at  such  place  as  is  designated  by  the  subscribers  in  the 
power  of  attorney.  The  power  of  attorney  may  further  provide  for  the  right  of  sub- 
stitution and  revocation  and  impose  such  restrictions  upon  the  exercise  of  the  power 
granted  as  may  be  agreed  upon  by  the  subscribers,  and  may  further  provide  for  the 
exercise  of  any  right  reserved  to  the  subscribers,  directly  or  through  a  board  or  other 
body  to  be  selected  under  such  rules  or  regulations  as  the  subscribers  may  adopt. 

Declaration  filed  with  insurance  commissioner. 

^  3.  Such  subscribers  so  contracting  among  themselves  shall,  through  their  attorney, 
file  with  the  insurance  commissioner  a  declaration  verified  bj'  the  oath  of  such  attorney, 
or  where  such  attorney  is  a  corporation,  by  the  oath  of  the  duly  authorized  officers 
thereof,  setting  forth: 

(a)  The  name  of  the  attorney  and  the  name  or  designation  under  which  such  con- 
tracts are  issued,  which  name  or  designation  shall  not  be  so  similar  to  any  name  or 
designation  adopted  by  any  attorney  or  by  any  insurance  organization  in  the  United 
States  writing  the  same  class  of  insurance,  prior  to  the  adoption  of  such  name  or  desig- 
nation by  the  attorney,  as  to  confuse  or  deceive. 

(b)  The  location  of  the  principal  office. 

(c)  The  kind  or  kinds  of  insurance  to  be  effected. 

(d)  A  copy  of  each  form  of  policy,  contract  or  agreement  under  or  by  which  insur- 
ance is  to  be  effected. 

(e)  A  copy  of  the  form  of  power  of  attorney  under  which  such  insurance  is  to  be 
effected. 

(f )  That  applications  have  been  made  for  insurance  upon  at  least  one  hundred  sep- 
arate risks  aggregating  not  less  than  one  million  dollars  represented  by  executed  con- 
tracts or  bona  fide  applications  to  become  concurrently  effective;  or  in  case  of  employ- 
er's liability  or  workmen's  compensation  insurance,  covering  a  total  pay  roll  of  not 
less  than  one  million  dollars. 

(g)  That  there  is  in  the  possession  of  such  attorney  and  available  for  the  payment  of 
losses,  assets  conforming  to  the  requirements  of  section  six  hereof. 


I 


1167  insurance:.  Act  2102a,  §§  4-6 

(h)  A  financial  statement  under  oath  in  form  hereinafter  prescribed  for  the  annual 
statement. 

(i)   The  instrument  authorizing  service  of  process  as  provided  for  in  this  act. 
(j)  Certificate  showing  deposits  of  funds  or  securities. 

Instrument  and  bond  filed  by  attoney. 

§  4.  Concurrently  with  the  filing  of  the  declaration  provided  for  by  the  terms  of 
section  three  of  this  act,  the  attorney  shall  file  with  the  insurance  commissioner: 

Instrument. 

(a)  An  instrument  in  writing  executed  by  him  for  said  subscribers,  condition  that 
upon  the  issuance  of  a  certificate  of  authority  provided  for  in  this  act,  action  may  be 
brought  in  the  county  in  which  the  property  or  person  insured  thereunder  is  located 
and  service  of  process  may  be  had  upon  the  insurance  commissioner  in  all  suits  in  this 
state  arising  out  of  such  policies,  contracts  or  agreements,  which  service  shall  be  valid 
and  binding  upon  all  subscribers  exchanging  at  any  time  reciprocal  or  interinsurance 
contracts  through  such  attorney.  Three  copies  of  such  process  shall  be  served  and  the 
insurance  commissioner  shall  file  one  copy,  forward  one  copy  to  said  attorney  by  regis- 
tered mail  addressed  to  the  attorney  at  the  principal  office  as  fixed  in  the  certificate 
filed,  and  shall  return  one  copy  with  his  admission  of  service.  A  judgment  rendered  in 
any  such  case  where  service  of  process  has  been  so  made  shall  be  valid  and  binding 
against  any  and  all  subscribers  as  their  interests  appear  and  such  judgment  may  be 
satisfied  out  of  the  funds  in  the  possession  of  the  attorney  belonging  to  such  subscrib- 
ers or  otherwise. 

Bond. 

(b)  A  bond  in  favor  of  the  people  of  the  state  of  California  executed  by  the  said 
attorney,  with  two  sureties  to  be  approved  by  the  insurance  commissioner  in  the  penal 
sum  of  twenty-five  thousand  dollars,  condition  that  the  attorney  will  faithfully  perform 
the  duties  imposed  upon  him  under  the  said  powers  of  attorney  and  faithfully  account 
for  moneys  handled  by  him  thereunder ;  such  bond  may  be  sued  upon  by  any  subscriber 
suffering  loss  through  violation  of  the  conditions  thereof  and  liability  thereunder  may 
be  enforced  by  any  individual  subscriber  or  any  number  of  subscribers,  in  one  or 
the  same  action;  provided,  however,  that  where  the  power  of  attorney  executed  by  the 
subscribers  or  the  rules  and  regulations  adopted  by  the  association  for  the  conduct  of 
its  business  thereunder,  provide  for  the  bonding  of  the  attorney,  a  certified  copy  of  the 
bond  executed  in  accordance  with  such  powers  of  attorney  or  rules  and  regulations,  shall 
be  filed  with  the  insurance  commissioner  in  lieu  of  any  other  bond  required  under  this 
act.     [Amendment  of  May  27,  1919.    In  effect  July  27,  1919.    Stats  1919,  p.  1271.] 

Statement  of  indemnity. 

§  5.  There  shall  be  filed  with  the  insurance  commissioner  by  such  attorney  whenever 
the  insurance  commissioner  shall  so  require,  a  statement  under  oath  of  such  attorney 
showing  the  maximum  amount  of  indemnity  upon  a  single  risk,  and,  except  as  to  work- 
men's compensation  insurance,  no  subscriber  shall  assume  on  any  single  risk  an  amount 
greater  than  ten  per  cent  of  the  net  worth  of  such  subscriber  where  the  liability  assumed 
exceeds  the  amount  of  one  premium  deposit. 

Assets  to  be  maintained. 

§  6.  There  shall  at  all  times  be  maintained  as  assets  a  sum  in  cash  or  securities  of 
the  kind  designated  by  the  laws  of  the  state  where  the  principal  office  is  located  for 
the  investment  of  funds  of  insurance  companies,  equal  to  one  hundred  per  cent  of  the 
net  unearned  premiums  or  deposits  collected  and  credited  to  the  accounts  of  sub- 
scribers, or  assets  equal  to  fifty  per  cent  of  the  net  annual  premiums  or  deposits  col- 


Act  2192a,  g  7  GENERAL   I-AAVS.  1168 

Jeoted  and  credited  to  the  accounts  of  the  subscribers  on  policies  having  one  year  or 
less  to  run  and  pro  rata  on  those  for  a  longer  period,  in  addition  to  which  there  shall 
be  maintained  as  a  reserve  in  cash  or  such  securities,  assets  sufficient  to  discharge  all 
liabilities  on  all  .outstanding  losses  arising  under  policies*  issued,  the  same  to  be  cal- 
culated on  the  basis  and  in  the  manner  provided  by  law  for  the  maintenance  of  similar 
reserves  by  companies  insuring  similar  risks;  provided,  however,  that  all  reserves  on 
indemnity  exchanged  prior  to  July  1,  1919,  shall  be  calculated  according  to  the  pro- 
vision of  law  in  force  at  the  time  said  contracts  were  entered  into. 

Net  deposits. 

Savings  or  credits,  however,  may  be  returaed  to  the  subscribers,  irrespective  as  to  the 
source  from  which  the  same  accrue,  whenever  such  returns  do  not  constitute  an  impair- 
ment of  the  assets  or  reserves  to  be  maintained  as  herein  required;  provided,  however, 
that  there  shall  be  no  discrimination  in  the  making  of  such  returns  as  between  persons 
or  places. 

Net  deposits  shall  be  construed  to  mean  (a)  the  advance  payments  of  subscribers 
after  deducting  therefrom  the  amounts  specifically  provided  in  the  subscribers'  agree- 
ments for  expense,  or  (b)  in  the  event  no  such  specific  provision  for  expense  be  therein 
made,  the  advance  payments  of  subscribers  after  deducting  therefr9m  the  reasonable 
expense  incidental  to  the  conduct  of  business  not  exceeding  however  twenty-five  per 
cent  of  such  advance  payments. 

If  deficiency  in  assets. 

If  at  any  time  the  assets  so  held  in  cash  or  such  securities,  exclusive  of  loss  reserves 
herein  provided  for,  shall  be  less  than  required  above,  or  be  less  than  twenty-five 
thousand  dollars  in  any  exchange  writing  any  kind  of  insurance,  or  in  any  exchange 
writing  common  carrier  liability  insurance  shall  on  or  after  the  third  anniversary  of 
the  date  of  the  organization  be  less  than  fifty  thousand  dollars,  the  subscribers,  or 
their  attorney  for  them,  shall  make  up  the  deficiency  within  thirty  days  after  notice 
from  the  insurance  commissioner  so  to  do. 

Reserves  of  independent  groups. 

Where  the  subscribers  are  grouped,  by  industries,  or  otherwise,  under  any  rule  or 
agreement  which  exempts  the  funds  of  one  group  from  liability,  in  whole  or  in  part, 
for  the  payment  of  losses  or  expenses  chargeable  against  another  group,  each  inde- 
pendent g^oup  must  maintain  the  reserve  herein  specified  and  comply  with  the  require- 
ments of  subdivision  (f )  of  section  three  hereof,  relative  to  the  number  and  amount  of 
risks  to  be  assumed.  [Amendment  of  May  27,  1919.  In  effect  July  27,  1919.  Stats. 
1919,  p.  1272.] 

Report  of  financial  condition.    Examination  by  insurance  commissioner. 

$  7.  Such  attorney  shall,  within  the  time  limited  for  filing  the  annual  statement  by 
insurance  companies  transacting  the  same  kind  of  business,  make  a  report,  under  oath, 
to  the  insurance  commissioner  for  each  calendar  year,  showing  the  financial  condition 
of  affairs  at  the  office  where  such  contracts  are  issued,  and  shall  at  any  time  furnish 
such  additional  information  and  reports  as  may  be  required;  provided,  however,  that 
the  attorney  shall  not  be  required  to  furnish  the  names  and  addresses  of  any  sub- 
scribers except  in  case  of  an  unpaid  final  judgment.  The  assets,  business  affairs  and 
records  of  such  organization,  shall  be  subject  to  examination  by  the  insurance  com- 
missioner at  any  reasonable  time,  and  such  examination  shall  be  at  the  expense  of  the 
organization  examined.  The  right  of  examination  herein  granted  shall  include  the 
right  to  examine  the  records  containing  the  names  and  addresses  of  the  subscribers, 
but  any  information  obtained  therefrom  shall  be  regarded  as  confidential  and  the 
disclosure  thereof,  except  under  order  of  court,  shall  constitute  a  breach  of  official 


1169  IXSVRANCE:.  Act  3192a,  §§  8-12 

duty.  Where  the  principal  office  of  the  attorney  is  located  in  another  state,  the  insur- 
ance commissioner  may,  in  lieu  of  the  examination  provided  for  in  this  section,  accept 
a  certified  copy  of  the  report  of  examination  made  by  the  insurance  department  of  the 
state  where  the  principal  office  is  located,  or  by  the  insurance  department  of  any  other 
state. 

Right  of  corporation  to  enter  into  insurance  contracts. 

$  8.  Any  coi-poration  now  or  hereafter  organized  under  the  laws  of  this  state  shall, 
in  addition  to  the  rights,  powers  and  franchises  specified  in  its  articles  of  incorpora- 
tion, have  full  power  and  authority  to  enter  into  insurance  contracts  of  the  kind  and 
character  herein  mentioned.  The  right  to  enter  into  such  contracts  is  hereby  declared 
to  be  incidental  to  the  purposes  for  which  such  corporations  are  organized  and  as  fully 
granted  as  the  rights  and  powers  expressly  conferred. 

Certificate  of  authority. 

§  9.  Upon  compliance  with  the  requirements  of  this  act,  and  the  payment  of  a  fee 
of  fifty  dollars,  the  insurance  commissioner  shall  issue  a  certificate  of  authority  or  a 
license  to  the  attorney  authorizing  him  to  make  such  contracts  of  insurance,  which 
license  shall  specify  the  kind  or  kinds  of  insurance  to  be  effected  and  shall  contain 
the  name  of  the  attorney,  the  location  of  the  principal  office  and  the  name  or  designa- 
tion under  which  such  contracts  of  insurance  are  issued.  Such  license  shall  be  renewed 
annually  upon  a  showing  that  the  standard  of  solvency  required  herein  has  been  main- 
tained and  all  fees  and  taxes  required  have  been  paid.  For  such  renewal  a  fee  of  ten 
dollars  shall  be  paid.  [Amendment  of  May  27,  1919.  In  effect  July  27,  1919.  Stats. 
1919,  p.  1273.] 

Penalty. 

§  10.  Any  attorney  who  shall  exchange  any  contracts  of  insurance  of  the  kind  and 
character  specified  in  this  act  or  any  attorney  or  representative  of  such  attorney,  who 
shall  solicit  or  negotiate  any  apiolications  for  same  without  the  attorney  first  comply- 
ing with  the  foregoing  provisions,  shall  be  deemed  guilty  of  a  misdemeanor.  For  the 
purpose  of  organization,  and  upon  issuance  of  permit  by  the  insurance  commissioner, 
powers  of  attorney  and  applications  for  such  contracts  may  be  solicited  without  com- 
pliance with  the  provisions  of  this  act,  but  no  attorney,  agent  or  other  person  shall 
make  any  such  contracts  of  insurance  until  all  of  the  provisions  of  this  act  shall  have 
been  complied  with. 

Revocation  of  certificate. 

^  11.  In  addition  to  the  foregoing  penalties  and  where  not  otherwise  provided,  the 
penalty  for  failure  or  refusal  to  comply  with  any  or  all  of  the  terms  and  provisions 
of  this  act,  upon  the  part  of  the  attorney,  shall  be  the  refusal,  suspension  or  revocation 
of  certificate  of  authority  no  license  by  the  insurance  commissioner  after  due  notice 
and  opportunity  for  hearing  has  been  given  such  attorney  so  that  he  may  appear  and 
show  cause  why  such  action  should  not  be  taken. 

Fees.    Tax  upon  gross  premiums. 

$  12.  In  lieu  of  all  other  taxes,  licenses  or  fees  whatever,  state  or  local,  such  attor- 
ney shall  pay  annually  on  account  of  the  transaction  of  such  business  in  this  state,  the 
same  fees  as  are  paid  by  mutual  companies  transacting  the  same  kind  of  business,  and 
an  annual  tax  upon  the  gross  premiums  or  deposits  collected  from  subscribers  in  this 
state  during  the  preceding  calendar  year,  after  deducting  therefrom  deposit  returns 
or  cancellations,  consideration  for  reinsurance  and  all  amounts  returned  to  subscribers 
or  credited  to  their  accounts  as  savings;  such  tax  to  be  computed  at  the  same  rate  as 
fixed  by  law  for  the  taxation  of  mutual  companies  transacting  the  same  kind  of 
business. 

Gen.  Laws — 74 


Act  2103,  g  1  GEIVCRAI.   LAWS.  IITO 

Provisions  inserted  not  inconsistent  with  law. 

$  13.  The  attoruey  may  insert  in  any  form  of  policy  prescribed  by  the  laws  of  this 
state  any  provisions  or  conditions  required  by  the  plan  of  reciprocal  or  interinsurance; 
provided,  that  same  shall  not  be  inconsistent  with  or  in  conflict  with  any  law  of  this 
state.  Such  policy  in  lieu  of  conforming  to  the  language  and  form  prescribed  by  such 
law  shall  be  held  to  conform  thereto  in  substance  if  such  policy  includes  a  provision 
or  endorsement  reciting  that  the  policy  shall  be  construed  as  if  in  the  language  and 
form  prescribed  by  such  law.  Any  such  endorsement  shall  first  be  filed  with  the  insur- 
ance commissioner. 

Not  subject  to  insurance  laws. 

$  14.  (a)  Except  as  herein  provided,  the  making  of  contracts  as  herein  provided  for 
and  such  other  matters  as  are  incident  thereto  shall  not  be  subject  to  the  laws  of  this 
state  relating  to  insurance  unless  they  are  therein  specifically  mentioned.  This  section 
shall  not  be  construed,  however,  as  depriving  the  insurance  department  of  the  state 
of  the  right  of  examination  of  and  supervision  over  reciprocal  or  interinsurance 
exchanges,  their  agents  and  brokers,  or  of  the  right  to  hold  and  conduct  hearings  in  the 
manner  and  under  the  same  procedure  as  provided  by  law  in  the  case  of  mutual  or 
other  insurance  companies  but  such  right  is  hereby  expressly  recognized  and  con- 
firmed, but  agents  or  brokers  of  reciprocals  need  not  be  expressly  licensed. 

Unlawful  to  give  rebate. 

(b)  It  shall  be  unlawful  for  any  reciprocal  or  interinsurance  exchange,  its  attorney 
in  fact,  agent  or  broker  to  give  or  offer  a  rebate  to  a  subscriber,  directly  or  indirectly. 
A  rebate  is  hereby  defined  as  an  allowance,  gift,  setoff,  or  payment  directly  or  indirectly 
made  or  offered  as  an  inducement  to  secure  the  exchange  of  indemnities,  other  than  a 
savings  or  credit  to  be  returned  to  a  subscriber  in  accord  with  the  provisions  contained 
in  the  power  of  attorney  or  in  the  reciprocal  or  interinsurance  contract  executed  by 
him.     [Amendment  of  May  27,  1919.    In  effect  July  27,  1919.     Stats.  1919,  p.  1273.] 

Repealed. 

$  15.     All  laws  or  parts  of  laws  in  conflict  herewith  are  hereby  repealed. 

MUTUAL  WORKMEN'S  COMPENSATION  INSURANCE  COMPANIES. 
ACT  2193 — An  act  providing  for  the  organization  and  management  of  mutual  work- 
men's compensation  insurance  companies  and  defining  the  same  and  regulating  the 
transaction  of  the  business  of  mutual  workmen's  compensation  insurance  in  the  state 
of  California. 

History:    Approved  May  26,  1913.    In  effect  August  10,  1913.     Stats. 
1913,  p.  321.    Amended  June  8,  1915,  Stats.  1915,  p.  1301. 

"Compensation."     "Employer."     "E.jployee." 

$1.  The  term  "compensation"  as  used  in  this  act  shall  mean  and  include  any 
liability  imposed  upon  any  or  all  employers  of  labor  to  compensate  their  employees 
and  the  dei)endents  of  such  employees  for  any  injury  sustained  by  the  said  employees 
by  accident  arising  out  of  and  in  the  course  of  their  employment  irresi^ective  of  the 
fault  of  either  party.  The  term  "employer"  as  used  in  this  act  shall  be  construed  to 
mean:  Every  person,  firm,  voluntary  association  and  private  corporation  (including 
any  public  service  corporation)  who  has  any  person  in  service  under  any  appoint- 
ment or  contract  of  hire  or  apprenticeship,  express  or  implied,  oral  or  written,  and 
the  legal  representatives  of  any  deceased  employer.  The  term  "employee"  as  used  in 
this  act  shall  be  construed  to  mean :  Every  person  in  the  service  of  an  employer  as 
defined  by  this  act  under  any  appointment  or  contract  of  hire  or  apprenticeship, 
express  or  implied,  oral  or  written,  including  aliens  and  also  including  minors. 


i 


il71  INSURANCE.  Act  2193,  §§  »-6 

Compensation  associations. 

§  2.  (a)  Mutual  associations  of  any  number  of  employers,  not  less  than  five,  may, 
subject  to  the  approval  of  the  insurance  commissioner,  be  formed  by  incorporating 
under  the  laws  of  this  state,  for  the  purpose  of  insuring  their  members  against  liability 
for  compensation  and  insuring  to  the  employees  of  such  members  the  payment  of  such 
compensation. 

(b)  It  shall  be  within  the  power  of  the  insurance  commissioner  to  limit  the  member- 
ship of  any  such  mutual  association  to  those  employers  engaged  in  the  same  general 
character  of  industry  or  to  employers  within  a  limited  part  of  the  state,  whenever  in 
his  judgment  such  limitation  shall  be  required  for  the  protection  of  the  members  of 
such  association  or  persons  insured. 

Articles  of  incorporation. 

$  3.  Before  the  articles  of  incorporation  shall  be  filed,  a  copy  thereof  shall  be  sub- 
mitted for  the  approval  of  the  insurance  commissioner.     Such  articles  shall  set  forth : 

First — The  names  of  the  employers  entering  into  such  association,  their  places  of 
residence,  the  nature  of  the  business  in  which  they  are  engaged  and  the  number  of 
persons  employed  by  each. 

Second — The  name  by  which  such  association  shall  be  known,  which  name  shall 
include  the  word  "mutual,"  and,  if  the  liability  of  members  is  limited,  the  words 
"limited  mutual." 

Third — The  period  for  which  such  association  is  incorporated,  which  shall  not  exceed 
fifty  years. 

Fourth — The  number  of  directors,  which  shall  not  be  less  than  five  (5)  nor  more  than 
eleven  (11),  and  the  names  and  residences  of  the  directors  for  the  first  year. 

Fifth — The  location  of  the  principal  place  of  business,  which  shall  be  in  this  state. 

Such  articles  must  be  executed,  acknowledged,  and  filed  as  provided  by  law  for  the 
formation  of  other  corporations. 

By-laws. 

§  4.  The  members  of  any  company  organized  under  this  act  shall  have  power  to 
make  such  by-laws,  not  inconsistent  with  the  constitution  and  laws  of  this  state,  as 
may  be  deemed  necessary  for  the  government  of  its  officers  and  members,  for  the 
admission  of  new  members,  for  the  assessment  and  collection  of  premiums  and  assess- 
ments and  in  general  for  the  proper  conduct  of  its  affairs.  Such  by-laws  shall  not  be 
effective  until  a  copy  thereof  has  been  filed  with  the  insurance  commissioner  and 
approved  by  him. 

Employer's  liability. 

$  5.  Every  employer  accepting  a  policy  in  any  company  organized  under  this  act 
shall  thereby  become  a  member  of  such  company  and  shall  become  liable  for  his 
proportionate  share  of  losses  and  operating  expenses  as  hereinafter  provided. 

When  policies  may  be  issued. 

$  6.  No  policy  shall  be  issued  by  any  company  organized  under  this  act  until  sub- 
scriptions for  insurance  have  been  received  from  at  least  one  hundred  employers 
having  an  annual  pay-roll  of  at  least  $500,000.00  or  having  in  their  employment  at  least 
one  thousand  employees,  nor  until  an  amount  in  cash  shall  be  in  hand  over  and  above  all 
liabilities  other  than  the  unearned  premium  reserve  of  not  less  than  fifteen  thousand 
dollars  and  in  any  event  not  less  than  one  full  annual  premium  upon  each  risk.  If  at 
any  time  the  number  of  employers  insiired  shall  fall  below  one  hundred  or  if  the  annual 
pay-roll  of  said  employers  shall  fall  below  $500,000.00  and  the  number  of  their  said 


Act  2iy3,  gg  7-12  GRNKUAL   I.AAVS,  1172 

employees  shall  fall  below  one  thousand  then  no  further  policies  shall  be  issued  until 
subscriptions  have  been  received  sufficient  to  comply  with  the  requirements  of  this 
section. 

Premiums. 

$  7.     [Repealed  June  8,  1915,  Stats.  1015,  p.  1301.] 

Established  rate. 

$  8.  After  a  compensation  insurance  rate  shall  have  been  established  by  the  state 
workmen's  compensation  insurance  rating  bureau  no  mutual  company  organized  under 
this  act  shall  charge  a  lesser  rate  upon  any  risk  than  the  gross  bureau  rates  applicable 
thereto. 

Members'  liability  for  excess  loss. 

^  9.  Every  company  organized  under  this  act  shall  in  its  by-laws  and  policies  fix 
the  contingent  mutual  liability  of  its  members  for  the  payment  of  losses  in  excess  of 
its  available  cash  funds;  but  such  contingent  liability  shall  not  be  less  than  an  amount 
equal  to  one  annual  premium  in  addition  to  the  annual  premium  charged. 

Companies  subject  to  law. 

$  10.  Every  company  organized  under  this  act  shall  be  subject  to  all  the  general 
provisions  of  the  law  relative  to  other  insurance  companies  and  also  to  the  general 
provisions  of  law  applicable  to  all  other  corporations  in  so  far  as  such  provisions 
are  not  inconsistent  or  in  conflict  with  the  provisions  of  this  act. 

Assessment  to  pay  losses. 

$  11.  If  any  company  organized  under  this  act  is  not  possessed  of  cash  funds  above 
its  unearned  premium  reserve  and  claims  reserve  and  other  liabilities  sufficient  for  the 
payment  of  incurred  losses  and  expenses  it  shall  make  an  assessment  for  the  amount 
needed  to  pa}'  such  losses  and  expenses  i;pon  its  members  liable  to  assessment  therefor 
in  proportion  to  their  several  liabilities.  The  company  shall  cause  to  be  recorded  in 
a  book  kept  for  that  purpose  the  order  for  such  assessment  and  the  amount  of  the 
assessment  called  for,  together  with  a  statement  setting  forth  the  condition  of  the 
company  at  the  date  of  the  order,  the  amount  of  its  cash  assets  and  contingent  funds. 
Such  record  shall  be  made  and  signed  by  the  directors  or  other  persons  who  voted 
for  the  order  and  approved  by  the  insurance  commissioner  before  any  part  of  the 
assessment  is  collected  and  any  person  liable  to  assessment  may  inspect  and  take  r. 
copy  of  the  same. 

Surplus  fund.    Dividends. 

§  12.  The  directors  of  every  such  mutual  company  shall  each  year  set  aside  as  a 
surplus  an  amount  equal  to  at  least  twenty-five  per  cent  of  all  available  profits  until 
such  surplus  shall  be  an  amount  not  less  than  the  amount  of  all  premiums  charged 
upon  all  insurance  in  force  after  deducting  therefrom  the  amount  of  premiums  charged 
for  any  risks  which  have  been  reinsured  in  other  insurance  carriers.  After  setting 
aside  the  amount  of  profits  required  to  be  set  aside  by  this  section  as  a  surplus  fund, 
the  directors  of  every  such  mutual  association,  at  such  times  as  their  by-laws  provide, 
must  make,  declare  and  pay  to  their  members  dividends  of  so  much  of  the  additional 
available  profits  accrued  from  the  business  of  the  association  and  interest  on  moneys 
invested  as  to  them  appears  advisable;  provided,  however,  that  no  such  dividend  shall 
be  declared  or  paid  unless  there  is  then  on  hand  a  surplus  of  not  less  than  $15,000 
and  equal  to  at  least  twenty-five  per  cent  of  all  premiums  charged  upon  all  insurance 
in  force  after  deducting  therefrom  the  amount  of  premiums  charged  for  any  risks 
which  may  have  been  reinsured  in  other  insurance  carriers. 


1173  INSURANCE.  Act  2193,  §§  13-20 

Approval  of  insurance  commissioner. 

$  13.  No  assessment  shall  be  levied  and  no  dividend  shall  be  declared  until  such 
assessment  or  such  dividend  has  been  approved  by  the  insurance  commissioner. 

Investment  of  funds. 

§  14.  The  funds  of  any  company  organized  under  this  act  shall  be  invested  in  the 
manner  allowed  for  the  investment  of  the  funds  of  other  insurance  companies. 

Limitation  of  expenses. 

^  15.  The  expenses  for  any  calendar  year  of  any  company  organized  under  this  act, 
including  commissions  and  fees  to  agents  and  officers,  but  not  including  expenses 
incurred  for  the  prevention  of  injuries,  shall  be  limited  to  thirty  per  cent  of  the 
gross  premiums  actually  received  during  that  year.  A  violation  of  this  provision  shall 
render  the  officers  and  directors  and  all  persons  having  similar  powers  jointly  and 
severally  liable  to  such  company  for  any  amount  used  for  expenses  in  excess  of  the 
amount  provided  for  in  this  section.  In  the  event  that  such  company  fails  or  refuses 
to  recover  such  moneys  so  paid  the  insurance  commissioner  may  sue  for  and  recover 
the  same  from  any  one  or  all  of  the  officers  or  directors  and  all  persons  having  similar 
powers  of  such  company  for  the  benefit  of  its  members.  No  officer  or  other  person, 
whose  duty  it  is  to  determine  the  character  of  the  risks,  and  to  decide  what  applications 
shall  be  accepted  and  what  applications  shall  be  rejected  by  such  company,  shall 
receive  as  any  part  of  his  compensation  a  commission  upon  the  premiums,  but  his 
compensation  shall  be  a  fixed  salary  and  such  share  of  the  net  profits  as  the  directors 
or  trustees  may  determine. 

When  insolvent. 

$  16.  Whenever  the  liabilities  of  any  company  organized  under  this  act  for  losses 
reported,  expenses,  taxes,  unearned  premium  reserve  and  claims  reserve  are  greater 
than  its  admitted  cash  assets  then  such  company  is  insolvent. 

Annual  statement. 

§  17.  Every  company  organized  under  this  act  shall  file  with  the  insurance  commis- 
sioner on  or  before  the  first  day  of  March  of  each  year,  its  financial  statement  exhib- 
iting its  condition  on  the  thirty-first  day  of  December  next  preceding.  Such  statement 
shall  be  made  as  provided  for  in  the  blanks  furnished  by  the  insurance  department. 

Rules  for  prevention  of  injury. 

$  18.  The  directors  of  any  company  organized  under  this  act  shall  make  and  enforce 
reasonable  rules  and  regulations  for  the  prevention  of  injuries  on  the  premises  of 
members  and  for  this  purpose  the  inspectors  of  the  company  shall  have  free  access 
to  all  such  premises  during  regular  working  hours.  Any  employer  or  employee  aggrieved 
by  any  such  rule  or  regulation  may  petition  the  industrial  accident  commission  for  a 
review,  and  it  may  affirm,  amend  or  annul  the  rule  or  regulation. 

Wages  accounts. 

§  19,  Auditors,  inspectors  and  other  agents  of  the  company  shall  have  free  access 
to  the  wages  accounts  and  pay-rolls  of  members  for  the  purpose  of  verifying  pay-rolls. 

Notice  of  withdrawal, 

$  20.  Any  member  of  any  company  organized  under  this  act  may  withdraw  at  any 
time  by  giving  thirty  days'  written  notice  of  his  intention  to  withdraw  and  surrender- 
ing his  policy ;  provided,  however,  that  he  shall  discharge  all  his  obligations  to  the  com- 
pany at  the  time  of  his  withdrawal.  The  termination  of  such  insurance  shall  not  act  to 
release  the  member  withdrawing  from  liability  for  the  payment  of  his  assigned  share 


Act  2194,  §§  1,  2  GKNERAL.  L.AVl'^S.  1174 

of  all  assessments  then  or  thereafter  made  to  make  up  deficiencies  due  to  accidents 
happening  while  he  was  insured  in  such  company.  The  premium  for  such  surrendered 
policy  shall  be  returned  to  the  member  withdrawing  less  the  customary  short  term 
premium  for  a  time  during  which  the  policy  was  in  force.  The  company  shall  have 
power  to  cancel  or  determine  any  policy  by  giving  the  insured  five  days '  written  notice 
to  that  effect  and  returning  to  the  insured  his  pro  rata  part  of  the  premium. 

Amendment  of  by-laws. 

§  21.  Any  company  organized  under  this  act  shall  have  power  to  amend  its  articles 
of  association  and  by-laws  at  its  regular  annual  meeting  or  at  special  meetings  called 
and  held  as  provided  in  its  by-laws,  but  said  amendments  shall,  before  they  become 
operative,  be  approved  and  filed  in  the  same  manner  as  the  original  articles  and  by-laws. 

May  own  property. 

§  22.  Any  company  organized  under  this  act  shall  have  power  to  own,  hold  and 
acquire  such  real  and  personal  property  as  shall  be  necessary  for  the  transaction  of 
its  business. 

May  sue. 

§  23.  Any  company  organized  under  this  act  may  sue  and  be  sued  in  any  court  of 
law  or  equity,  with  the  same  rights  and  obligations  as  a  natural  person,  and  in  addition 
to  the  powers  hereinbefore  enumerated,  shall  possess  and  exercise  all  such  rights  and 
powers  as  are  necessarily  incidental  to  the  exercise  of  the  powers  as  expressly  granted 
herein. 

Not  applicable  to  contracts. 

§  24.  This  act  shall  not  apply  to  contracts  made  between  persons,  firms  or  corpora- 
tions of  this  state,  and  others  of  this  state  and  other  states  for  the  protection  of  their 
own  property  under  the  plan  known  as  reciprocal  insurance  or  interinsurance,  nor  to 
unincorporated  inter-indemnity  compacts. 

MISREPRESENTING  TERMS  OF  INSURANCE  POLICY. 

ACT  2194 — An  act  to  prohibit  insurance  companies,  associations,  or  societies  and  their 

agents  from  misrepresenting  the  terms  of  any  policy  of  insurance. 

History:    Approved  June  7,  1915.     In  effect  August  8,  1915.     Stats. 
1915,  p.  1272. 

Misrepresenting  terms  of  policy  prohibited. 

^  1.     No  insurance  company,  association,  or  society,  or  any  ofiBcer,  director,  agent, 

broker  or  solicitor  thereof  shall  issue,  circulate  or  use  or  cause  or  permit  to  be  issued, 

circulated  or  used,  any  statement,  estimate,  illustration,  or  circular  misrepresenting  the 

terms  of  any  policy  issued  or  to  be  issued  by  such  company  or  the  benefits  or  privileges 

promised  under  any  such  policy,  or  the  future  dividends,  payable  under  any  such  policy. 

No  insurance  company,  association,  or  society,  officer,  director,  agent,  solicitor  or  broker, 

or  any  person,  firm,  association  or  corporation  shall  make  any  misrepresentation,  oral, 

written  or  otherwise,  to  any  person  for  the  purpose  of  inducing  or  tending  to  induce  such 

person  to  take  out  a  policy  of  insurance,  or  for  the  purpose  of  inducing  or  tending  to 

induce  a  policyholder  in  any  company  to  lapse,  forfeit  or  surrender  his  insurance 

therein,  or  to  refuse  to  accept  a  policy  issued  upon  an  application  therefor,  and  to  take 

out  a  policy  of  insurance  in  any  other  company. 

No  excuse  from  testifying. 

^  2.  No  person  shall  be  excused  from  testifying  or  from  producing  any  books,  papers, 
contracts,  agreements  or  documents  at  the  trial  or  hearing  of  any  person  or  company, 
association  or  society  charged  with  violating  any  provisions  of  section  one  of  this  act 


1175  INSURANCE.  Act  21»«,  §§  1-5 

on  the  ground  that  such  testimony  or  evidence  may  tend  to  incriminate  himself,  but  no 
person  shall  be  prosecuted  for  any  act  concerning  which  he  shall  be  compelled  so  to 
testify  or  produce  evidence,  documentary  or  otherwise,  except  for  perjury  committed 
in  so  testifying. 

Penalty. 

§  3.  Any  insurance  company,  association,  or  society,  agent,  solicitor  or  broker,  or 
any  person,  firm,  association,  or  corporation,  violating  the  provisions  of  this  act  shall 
upon  conviction  be  sentenced  to  pay  a  fine  of  not  more  than  one  hundred  dollars  for 
each  and  every  violation,  or  in  the  discretion  of  the  court,  to  an  imprisonment  for  a 
period  of  not  more  than  six  months.  The  insurance  commissioner  shall  have  authoritj^, 
in  his  discretion,  to  revoke  or  suspend  a  license  theretofore  issued  to  any  agent,  solicitor 
or  broker,  for  a  period  not  exceeding  three  years,  on  its  being  proven  to  him  after  a 
hearing  that  such  agent,  solicitor  or  broker,  has  knowingly  or  willfully  violated  any  of 
the  provisions  of  this  act. 

SOCIAL  INSURANCE  INVESTIGATING  COMMISSION. 
ACT  2196 — An  act  authorizing  the  governor  to  appoint  a  commission  to  investigate  and 
advise  the  legislature  concerning  the  adoption  of  a  system  of  social  insurance,  and  to 
make  a  report  to  the  forty-third  session  of  the  legislature  and  making  an  appro- 
priation therefor. 

History:  Approved  May  14,  1917.  In  effect  July  27,  1917.  Stats. 
1917,  p.  468.  Prior  act  approved  May  17,  1915.  In  effect  August  8, 
1915.  Stats.  1915,  p.  473,  superseded  by  present  act,  which  is  obsolete 
by  lapsation. 

Commission  to  investigate  social  insurance. 

§  1.  The  governor  of  the  state  of  California  is  hereby  authorized  and  requested  to 
appoint  a  commission  of  seven  persons,  citizens  of  this  state,  to  investigate  and  advise 
the  legislature  concerning  the  adoption  of  a  system  of  social  insurance.  The  com- 
mission shall  report  to  the  forty-third  session  of  the  legislature  the  details  of  any  or 
all  branches  of  a  social  insurance  system  it  may  deem  advisable,  and  may  recommend 
for  adoption  any  measure  or  measures  it  deems  expedient. 

Powers. 

§  2.  The  commission  shall  have  power  to  subpoena  witnesses  and  to  enforce  their 
attendance  at  any  public  hearings  that  may  be  held  for  the  purpose  of  obtaining  evi- 
dence of  conditions  bearing  upon  the  establishment  of  any  system  of  social  insurance. 

Duty  of  persons,  etc.,  to  supply  information. 

$  3,  It  shall  be  the  duty  of  every  person,  firm  or  corporation  employing  labor  in  this 
state  to  supply  the  commission,  at  its  request,  with  any  and  all  information  from  the 
books,  reports,  contracts,  pay  rolls,  documents  or  papers  of  such  person,  firm  or  cor- 
poration which  the  commission  may  require  to  carry  out  the  purposes  of  this  act. 

Traveling  expenses.    Secretary. 

$  4.  The  members  of  the  commission  shall  serve  without  pay  but  shall  be  reimbursed 
for  traveling  expenses  incun'ed  in  connection  with  the  work  of  the  commission.  The 
commission  shall  have  power  to  employ  an  executive  secretary  and  expert,  clerical  and 
other  assistants. 

Appropriation.    Revolving  fund. 

§  5.  There  is  hereby  appropriated  out  of  the  general  fund,  not  otherwise  appropri- 
ated, the  sum  of  twentj^-two  thousand  five  hundred  dollars,  or  any  portion  thereof,  as 
may  in  the  judgment  of  the  commission  be  required  for  the  purposes  of  this  act.    The 


Act  2107,  9  1  GENERAL.  LAWS.  1178 

sum  of  five  hundred  dollars  of  said  money  may  be  di'awn  from  the  state  treasury  upon 
approval  of  the  state  board  of  control  without  the  submission  of  receipts,  vouchers  or 
itemized  statements  to  be  used  by  the  commission  as  a  cash  revolving  fund  to  facilitate 
its  work. 

GUARANTY  SURPLUS  AND  SPECIAL  RESERVE  FUNDS. 
ACT  2197 — An  act  to  provide  for  the  establishment  and  maintenance  by  fire  insurance 
corporations  of  guaranty  surplus  funds  and  special  reserve  funds  and  thereby  limit- 
ing liability  and  to  provide  for  the  waiver  by  policyholders  of  recourse  against  stock- 
holders of  such  corporations. 

History:     Approved   May  31,   1917.     In  effect  July  30,   1917.     Stats. 
1917,  p.  1378. 

Guaranty  surplus  fund  and  special  reserve  fund  may  be  created.    Limitation  on  amount 

of  dividend  sum  deducted  in  estimating  profits. 

^  1.  Every  domestic  corporation  having  a  capital  stock  issuing  fire  insurance  poli- 
cies may  at  its  option  create  a  guaranty  surplus  fund  and  a  special  reserve  fund  by  the 
adoption  of  a  resolution  by  its  board  of 'directors  at  a  regular  meeting,  and  by  tiling 
with  the  insurance  commissioner  a  copy  thereof,  declaring  their  desire  &nd  intention 
to  create  such  funds  and  to  do  business  under  this  and  the  two  following  sections.  The 
insurance  commissioner  shall  thereupon  make  or  cause  to  be  made  a  certificate  of  the 
result  thereof,  which  shall  particularly  set  forth  the  amount  of  surplus  funds  held 
by  it  at  the  date  of  the  examination,  and  the  same  may  be  equally  divided  between  and 
set  apart  to  constitute  guaranty  surplus  and  special  reserve  funds  to  the  extent  nec- 
essary to  constitute  such  two  funds.  Said  certificate  shall  be  recorded  in  the  office  of 
the  insurance  commissioner.  Thereafter  all  policies  and  renewals  of  policies  issued  by 
such  corporation  shall  contain  a  provision  that  they  are  issued  under  and  in  pursuance 
of  this  act,  referring  to  the  same  by  the  title  of  this  act,  and  all  such  policies  and 
renewals  shall  be  subject  to  the  provisions  of  this  act,  and  a  policyholder,  by  accepting 
the  policy,  becomes  bound  thereby.  After  the  passage  and  filing  of  such  resolution, 
the  corporation  shall  not  make,  declare  or  pay  in  any  form  any  dividend  upon  its 
capital  stock  exceeding  seven  per  centum  per  annum  thereon,  and  upon  the  surplus 
funds  to  be  formed  thereunder,  until  after  its  guaranty  surplus  fund  and  its  special 
reserve  fund  shall  have  together  accumulated  to  an  amount  equal  to  its  capital  stock; 
and  until  such  funds  shall  together  amount  to  a  sum  equal  to  its  capital  stock,  the 
entire  surplus  profits  of  the  corporation  above  such  annual  dividend  of  seven  per 
centum  shall  be  equally  divided  between  and  be  set  apart  to  constitute  such  guaranty 
surplus  and  special  reserve  funds,  which  funds  shall  be  held  and  used  as  hereinafter 
provided  and  not  otherwise.  Any  such  corporation  which  shall  declare  or  pay  any 
dividend  contrary  to  the  provisions  herein  contained,  shall  be  deemed  to  have  forfeited 
its  charter.  In  estimating  the  profits  of  any  such  corporation  for  the  purpose  of 
making  a  division  thereof  between  the  guaranty  surplus  fund  and  the  special  reserve 
fund,  until  such  funds  shall  together  amount  to  a  sum  equal  to  its  capital  stock,  there 
shall  be  deducted  from  the  gross  assets  of  the  corporation,  including  for  the  purpose 
the  amount  of  the  guaranty  surplus  fund  and  the  special  reserve  fund,  the  sum  of  the 
following  items: 

1.  The  amount  of  all  outstanding  claims. 

2.  An  amount  sufficient  to  meet  the  liability  of  the  corporation  for  the  unearned 
premiums  upon  its  unexpired  policies,  which  shall  be  at  least  equal  to  the  unearned 
premiums  on  policies  having  one  year  or  less  to  run,  and  a  pro  rata  proportion  of  the 
premiums  received  on  the  policies  having  more  than  one  year  to  run,  and  shall  be  known 
as  the  reinsurance  liability. 


1177  IXSl  UAXCE.  Act  2197,  gS  :i,  3 

3.  Tlie  amount  of  its  guaranty  surplus  fund  and  its  special  reserve  fund. 

4.  The  amount  of  its  capital. 

5.  Interest  at  the  rate  of  seven  per  centum  per  annum  upon  the  amount  of  its  capital 
and  of  such  funds  for  whatever  time  shall  have  elapsed  since  the  last  preceding  cash 
dividend.  The  balance  shall  constitute  the  net  surplus  of  the  corporation  subject  to 
the  equal  division  between  the  funds  as  herein  provided.  When  the  corporation  shall 
notify  the  insurance  commissioner  that  it  has  fulfilled  the  requirements  of  this  section, 
and  that  its  guaranty  surplus  fund  and  its  special  reserve  fund,  taken  together,  equal 
its  capital  stock,  he  shall  make  an  examination  of  the  corporation  and  make  a  certifi- 
cate of  the  result  thereof;  and  thereafter  such  corporation  may  continue  out  of  any 
sul)sequent  profits  of  its  business,  to  add  to  such  funds,  either  the  whole  or  only  a  part 
thereof,  but  when  any  addition  is  made  to  the  special  reserve  fund,  an  equal  sum 
shall  be  carried  to  the  guaranty  surplus  fund. 

'nvestment  of  funds. 

^  2.  Such  guaranty  surplus  fund  shall  be  held  and  invested  by  such  corporation  in 
the  same  manner  as  its  capital  stock  and  surplus  accumulations,  and  shall  be  liable  and 
applicable  in  the  same  manner  as  the  capital  of  the  corporation  to  the  payment  gen- 
erally of  its  losses.  Such  special  reserve  fund,  until  it  shall  amount  to  a  sum  equal 
to  one-half  of  the  capital  stock,  shall  be  invested  in  the  same  manner  as  the  capital  of 
the  corporation,  and  any  additional  sum  added  to  such  fund  shall  be  invested  by  the 
corporation  in  any  securities,  in  which  the  corporation  is  by  law  authorized  to  invest 
its  capital  or  its  surplus  accumulations,  and  shall  be  deposited  from  time  to  time,  as 
the  same  shall  accumulate  and  be  invested,  with  the  insurance  commissioner.  Such 
special  reserve  fund  shall  be  deemed  a  fund  to  protect  such  a  coiTooration  and  its 
policyholders  other  than  claimants  for  losses  already  existing  or  then  occurred  in  case 
of  any  extraordinary  conflagration  or  conflagrations  as  hereinafter  mentioned,  and 
shall  not  be  regarded  as  any  part  or  portion  of  the  assets  of  the  corporation  so  as  to  be 
liable  for  any  claim  for  loss  by  fire  or  otherwise,  except  as  herein  provided. 

Waiver  of  recourse  against  stockholders. 

No  corporation,  after  it  has  declared  its  desire  and  intention,  as  provided  in  section 
one  hereof,  to  create  a  guaranty  surplus  fund  and  a  special  reserve  fund,  shall  have 
the  right  thereafter  to  insert  in  its  policy  a  provision  to  the  effect  that  the  insured,  by 
accepting  the  policy,  waives  recourse  against  the  stockholders  of  the  corporation,  until 
such  corporation  has  created,  as  herein  provided,  a  guaranty  surplus  fund  and  a  special 
reserve  fund  each  in  amount  equal  to  one-half  of  the  par  value  of  its  capital  stock; 
but,  when  it  has  so  done,  then  it  may  thereafter  insert  in  any  policy  it  may  thereafter 
issue  a  provision  in  red  ink  to  the  effect  that  the  insured,  by  accepting  the  policy,  waives 
any  recourse  to  its  stockholders  and  agrees,  in  case  of  making  any  claim  thereunder,  to 
look  solely  to  the  assets  and  property  of  the  corporation  as  and  to  the  extent  herein 
provided. 

In  case* of  extensive  conflagration.     Corporation  discharged  from  liability. 

^  3.  When  any  extensive  conflagration  or  conflagrations  shall  occur  whereby  the 
claims  upon  the  corporation  shall  exceed  the  amount  of  its  capital  stock  and  of  the 
guaranty  surplus  fund  hereinbefore  provided,  the  corporation  shall  notify  the  insurance 
commissioner  of  the  fact,  who  shall  then  make  or  cause  to  be  made,  an  examination  of 
the  corporation,  and  shall  issue  his  certificate  in  duplicate  of  the  result,  showing  the 
amounts  of  capital,  of  guaranty  surplus  fund,  of  special  reserve  fund,  of  reinsurance 
liability,  and  all  other  assets.  One  of  such  certificates  shall  be  given  the  corporation, 
and  the  other  shall  be  recorded  in  the  office  of  the  insurance  commissioner.  Such 
special  reserve  fund  shall  be  immediately  held  to  protect  all  policyholders  of  the  cor- 


Act  2197  GENERAL  LAWS.  1178 

poration  other  than  such  as  are  claimants  upon  it  at  the  time,  or  such  as  become 
claimants  in  consequence  of  such  conflagration  or  conflagrations.  The  amount  of  such 
special  reserve  fund,  and  an  amount  equal  to  the  unearned  premiums  of  such  corpora- 
tion, to  be  ascertained  as  hereinbefore  provided,  shall  (jonstitute  the  capital  and  assets 
of  such  corporation  for  the  protection  of  policyholders  other  than  such  claimants,  and 
for  the  further  conduct  of  its  business.  Such  certificate  of  the  insurance  commissioner 
shall  be  binding  and  conclusive  upon  all  parties  interested  in  the  corporation,  whether 
stockholders,  creditors  or  policyholders.  Upon  the  payment  to  the  claimants  for  losses 
or  otherwise,  existing  at  the  time  of  or  caused  by  such  general  conflagration  or  con- 
flagrations, of  an  amount  to  which  they  are  respectively  entitled  in  proportion  to  their 
several  claims,  of  the  full  sum  of  the  capital  of  the  corporation  and  of  its  guaranty 
surplus  fund,  and  of  its  assets,  except  only  such  special  reserve  fund  and  an  amount  of 
its  assets  equal  to  the  liability  of  the  corporation  for  unearned  premiums,  as  certified 
by  the  insurance  commissioner,  such  corporation  shall  be  forever  discharged  from  any 
and  all  further  liability  to  such  claimants  and  to  each  of  them  on  any  policy  of  insur- 
ance issued  after  the  creation  as  above  provided  of  the  special  reserve  fund  in  amount 
equal  to  one-half  of  its  capital  stock. 

Transfer  of  securities  in  special  reserve  fund.    If  guaranty  surplus  fund  reduced.    If 
capital  impaired. 

The  insurance  commissioner  shall,  after  issuing  such  certificate  upon  the  demand  of 
the  corporation,  transfer  to  it  all  such  securities  as  shall  have  been  deposited  with  him 
by  it  as  such  special  reserve  fund.  If  the  amount  of  such  special  reserve  fund  shall  be 
less  than  fifty  per  centum  of  the  full  amount  of  the  capital  of  the  corporation,  a 
requisition  shall  be  issued  by  the  insurance  commissioner  upon  the  stockholders  to  make 
up  the  capital  to  that  proportion  of  its  full  amount.  Any  capital  so  impaired  shall 
be  so  made  up  to  at  least  the  sum  of  two  hundred  thousand  dollars.  If  the  corporation, 
after  such  requisition,  shall  fail  to  make  up  its  capital  to  at  least  such  amount  as  herein 
directed  such  special  reserve  fund  shall  be  held  as  security  and  liable  for  all  losses 
occurring  upon  policies  of  such  corporation  after  such  conflagration  or  conflagrations. 
If  any  amount  greater  than  a  sum  equal  to  one-half  of  its  capital  stock  shall  by  such 
corporation,  under  the  provisions  of  the  two  preceding  sections,  have  been  deposited,  as 
aforesaid,  with  the  insurance  commissioner,  he  shall  retain  of  such  securities  a  sum 
equal  to  one-half  of  the  amount  he  shall  so  hold  thereof  in  excess  of  such  one-half  of 
the  capital  stock,  and  transfer  the  balance  thereof  to  the  corporation  as  herein  provided. 
The  amount  so  transferred  to  the  corj:»oration  shall,  from  the  time  of  such  transfer, 
if  not  less  than  two  hundred  thousand  dollars,  constitute  the  capital  stock  of  the  cor- 
poration for  the  further  conduct  of  its  business  as  hereinbefore  provided.  The  sum  so 
retained  by  the  insurance  commissioner  shall  thenceforth  constitute  the  special  reserve 
fund  of  the  corporation,  to  which  additions  may  be  made  as  herein  provided,  and  shall 
be  held  in  the  same  manner,  for  the  same  purposes  and  under  the  same  conditions  as 
the  original  special  reserve  fund  of  the  corporation  was  held.  The  corporation  shall 
in  an  annual  statement  to  the  insurance  commissioner  set  forth  the  amount  of  such 
special  reserve  fund  and  of  its  guaranty  surplus  fund.  If  in  consequence  of  the  pay- 
ment of  losses  by  fires,  or  of  the  expenses  of  the  business,  or  of  the  interest  payable 
under  the  provisions  hereof  to  stockholders,  or  from  any  cause,  the  guaranty  surplus 
fund  shall  be  reduced  in  amount  below  the  amount  of  the  special  reserve  fund,  the 
directors  of  the  corporation  shall  have  the  right,  at  their  option,  at  the  time  of  making 
any  division  of  the  net  profits  as  herein  provided,  to  carry  a  larger  sum  to  the  guar- 
anty surplus  fund  than  to  the  special  reserve  fund;  but  this  privilege  shall  cease  when 
the  two  funds  are  made  equal  in  amount.  The  policy  registers,  insurance  maps,  books 
of  record  and  other  books  in  actual  use  by  the  corporation  in  its  business,  are  not  to 


1179  INSURANCE.  •  Act  2199,  §§  1,  2 

be  considered  as  assets,  but  shall  be  held  by  it  for  its  use  in  the  protection  of  its 
policyholders  not  claimants  for  losses  at  the  time  of  such  general  conflagration.  If 
after  the  accumulation  of  such  special  reserve  fund,  it  shall  appear  upon  examination 
by  the  insurance  commissioner  that  the  capital  of  the  corporation  has,  in  the  absence 
of  any  such  extensive  conflagration,  become  impaired,  he  shall  order  a  call  upon  the 
stockholders  to  make  up  such  impairment,  and  the  board  of  directors  may  either  comply 
with  such  order  and  require  the  necessary  payments  of  the  stockholders,  or,  at  their 
option,  they  may  apply  for  that  purpose  so  much  of  such  special  reserve  fund  as  will 
make  such  impairment  good.  No  corporation  doing  business  under  this  and  the  two 
preceding  sections  shall  insure  any  larger  amount  upon  any  single  risk  than  is  per- 
mitted by  law  to  a  corporation  possessing  the  same  amount  of  capital  irrespective  of 
the  funds  hereinbefore  provided  for. 

LIQUIDATION  OF  DELINQUENT  INSURANCE  COMPANIES. 

ACT  2199 — An  act  to  provide  for  proceedings  against  and  liquidation  of  delinquent 

insurance  corporations  and  associations. 

History:    Approved  April  30,  1919.     In  effect  July  22,  1919.     Stats. 
1919,  p.  265. 

Application  of  act. 

$  1.  This  act  shall  apply  to  all  corporations  and  associations  which  are  subject  to 
examination  by  the  insurance  commissioner,  or  which  are  doing  or  attempting  to  do  or 
representing  that  they  are  doing  the  business  of  insurance  in  this  state,  or  which  are 
in  the  process  of  organization  intending  to  do  such  business  therein;  and  the  words 
"corporation"  or  "corporations"  herein  shall  also  include  all  such  associations,  as 
well  as  all  voluntary  or  unincorporated  associations;  provided,  however,  that  nothing 
herein  contained  shall  be  construed  to  affect  or  to  relate  to  any  fraternal  benefit  society 
as  defined  in  the  act  entitled  "An  act  for  the  regulation  and  control  of  fraternal 
benefit  societies."  approved  May  1,  1911,  as  amended. 

Action  by  insurance  commissioner  for  order  to  conduct  business  of  domestic  cor- 
poration. 

§2.  Whenever  any  domestic  corporation  (a)  is  insolvent;  or  (b)  has  refused  to 
submit  its  books,  papers,  accounts  or  affairs  to  the  reasonable  inspection  of  the  insur- 
ance commissioner,  or  his  deputy  or  examiner;  or  (c)  has  neglected  or  refused  to 
observe  an  order  of  the  insurance  commissioner  to  make  good  within  the  time  pre- 
scribed by  law  any  deficiency,  whenever  its  capital,  if  it  be  a  stock  corporation,  or  its 
reserve,  if  it  be  a  mutual  corporation,  shall  have  become  impaired;  or  (d)  has,  by  con- 
tract of  reinsurance  or  otherwise,  transferred  or  attempted  to  transfer  substantially 
its  entire  property  or  business,  or  entered  into  any  transaction  the  effect  of  which  is 
to  merge  substantially  its  entire  property  or  business  in  the  property  or  business  of  any 
other  corporation  or  association  without  having  first  obtained  the  written  approval 
of  the  insurance  commissioner;  or  (e)  is  found,  after  an  examination,  to  be  in  such 
condition  that  its  further  transaction  of  business  will  be  hazardous  to  its  policyholders, 
or  to  its  creditors,  or  to  the  public;  or  (f)  has  wilfully  violated  its  charter  or  any  law  of 
the  state;  or  (g)  whenever  any  officer  thereof  has  refused  to  be  examined  under  oath 
touching  its  affairs;  or  (h)  if  such  corporation  be  organized  under  chapter  six,  division 
one,  part  four,  title  two  of  the  Civil  Code,  or  as  a  corporation  to  carry  on  the  business 
of  mutual  livestock  insurance  upon  the  assessment  plan,  its  condition  is  found,  after 
examination,  to  be  such  that  it  can  not  meet  the  requirements  for  incorporation  and 
authorization  specified  in  the  law  relating  thereto,  the  insurance  commissioner  may 
apply  to  the  superior  court,  or  any  judge  thereof,  in  the  county  in  which  the  principal 
office  of  such  corporation  is  located  for  an  order  directing  such  corporation  to  show 


Act  2199,  g§  3-6  GENERAL,   L.A1VS.  1180 

cause  why  the  insurance  commissioner  should  not  take  possession  of  its  property,  and 
conduct  its  business,  and  for  such  other  relief  as  the  nature  of  the  case  and  the  interest 
of  its  policyholders,  creditors,  and  the  public  may  require. 

Injunction  by  court. 

$  3.  On  such  application,  or  at  any  time  thereafter,  such  court  may,  in  its  discre- 
tion, issue  an  injunction  restraining  such  corporation  from  the  transaction  of  its  busi- 
ness or  disposition  of  its  property  until  the  further  order  of  the  court.  On  the  return 
of  such  order  to  show  cause,  and  after  a  full  hearing,  the  court  shall  either  deny  the 
application  or  direct  such  insurance  commissioner,  or  his  successor  in  office,  forthwith 
to  take  possession  of  the  property  and  conduct  the  business  of  such  corporation,  and 
retain  such  possession  and  conduct  such  business  until,  on  the  application  either  of  the 
insurance  commissioner,  or  of  such  corporation,  it  shall,  after  a  like  hearing,  appear 
to  the  court  that  the  ground  for  such  order  directing  the  insurance  commissioner  to 
take  possession  has  been  removed  and  that  the  corporation  can  properly  resume  posses- 
sion of  its  property  and  the  conduct  of  its  business. 

Liquidation  by  insurance  commissioner. 

§  4.  If,  on  a  like  application  and  order  to  show  cause,  and  after  a  full  hearing,  the 
court  shall  order  the  liquidation  of  the  business  of  such  corporation,  such  liquidation 
shall  be  made  by  and  under  the  direction  of  such  insurance  commissioner,  and  his  suc- 
cessors in  office,  who  may  deal  with  the  property  and  business  of  such  corporation  in 
their  own  names  as  insurance  commissioners  or  in  the  name  of  the  corporation,  as  the 
court  may  direct,  and  shall  be  vested  by  operation  of  law  with  title  to  all  of  the  prop- 
erty', contracts  and  rights  of  action  of  such  corporation  as  of  the  date  of  the  order  so 
directing  them  to  liquidate.  The  filing  or  recording  of  such  order  in  any  county 
recorder's  office  of  the  state  shall  impart  the  same  notice  that  a  deed,  bill  of  sale  or 
other  evidence  of  title  duly  filed  or  recorded  by  such  corporation  would  have  imparted. 
The  rights  and  liabilities  of  any  such  corporation,  and  of  its  creditors,  policyholders, 
stockholders  and  members,  and  of  all  other  persons  interested  in  its  assets,  shall,  unless 
otherwise  directed  by  the  court,  be  fixed  as  of  the  date  of  the  entry  of  the  order  direct- 
ing the  liquidation  of  such  corporation  in  the  office  of  the  clerk  of  the  county  wherein 
such  corporation  had  its  principal  office  for  the  transaction  of  business  upon  the  date 
of  the  institution  of  proceedings  under  this  section. 

Action  hy  insurance  commissioner  in  case  of  foreign  corporations. 

^  5.  Whenever  any  of  the  grounds  of  jurisdiction  over  domestic  corporations  speci- 
fied in  subdivisions  (a),  (b),  (c),  (d),  (e),  (f)  and  (g)  of  section  two  of  this  act  exist 
or  arise  with  reference  to  any  corporation  incorporated  by  or  existing  under  the  gov- 
ernment or  laws  of  any  country  outside  of  the  United  States  and  authorized  to  transact 
the  business  of  insurance  and  having  assets  in  this  state;  or  whenever  any  foreign  cor- 
poration so  authorized  and  having  assets  in  this  state  has  been  placed  in  the  hands  of 
a  receiver  or  had  its  property  sequestered  in  its  domiciliary  state  or  country  or  in  any 
other  state  or  country,  the  insurance  commissioner  may  apply  to  the  superior  court  or 
any  judge  thereof  in  the  county  in  which  such  corporation  has  its  principal  office  for 
the  transaction  of  business  in  this  state,  for  an  order  directing  such  corporation  to 
show  cause  why  the  insurance  commissioner  should  not  take  possession  of  its  property 
and  conserve  its  assets  for  the  benefit  of  its  creditors,  and  for  such  other  relief  as  the 
nature  of  the  case  and  the  interests  of  its  policyholders,  creditors,  stockholders  or  the 
public  may  require. 

Injunction  hy  court. 

^  6.  On  such  application,  or  at  any  time  thereafter,  such  court  may,  in  its  discre- 
tion,  issue   an   injunction  restraining   such   corporation   and   its   officers,    agents    and 


tl81  INSURANCE.  Act  2199,  §§  T-11 

employees  from  the  transaction  of  its  business  or  disposition  of  its  property  until  the 
further  order  of  the  court.  On  the  return  of  such  order  to  show  cause,  and  after  a  full 
hearing  the  court  shall  either  deny  the  application  or  direct  the  insurance  commissioner 
forthwith  to  take  possession  of  the  property  and  conserve  the  assets  of  such  corpora- 
tion, and  retain  such  possession  until,  on  the  application  either  of  the  insurance  com- 
missioner, or  of  such  corporation,  it  shall,  after  a  like  hearing,  appear  to  the  court  that 
the  ground  for  such  order  directing  the  insurance  commissioner  to  take  possession  has 
been  removed  and  that  the  corporation  can  properly  resume  possession  of  its  property 
and  conduct  its  business.  If,  on  such  application,  the  court  shall  direct  the  insurance 
commissioner  to  take  possession  of  the  property  and  conserve  the  assets  of  such  corpo- 
ration, the  rights  and  duties  of  the  said  insurance  commissioner  with  reference  to  such 
corporation  and  its  said  assets  shall  be  those  heretofore  exercised  by  and  imposed  upon 
ancillary  receivers  of  foreign  corporations  in  this  state. 

Appointment  of  deputies,  etc. 

$  7.  For  the  purposes  of  this  act,  the  insurance  commissioner  shall  have  power  to 
appoint,  under  his  hand  and  official  seal,  one  or  more  special  deputy  insurance  commis- 
sioners, as  his  agent  or  agents,  and  to  employ  such  counsel,  clerks  and  assistants  as  may 
by  him  be  deemed  necessary,  and  give  each  of  such  persons  such  powers  to  assist  him 
as  he  may  consider  wise.  The  compensation  of  such  special  deputy  insurance  commis- 
sioners, counsel,  clerks  and  assistants,  and  all  expenses  of  taking  possession  of  and 
conducting  the  business  of  liquidating  any  such  corporation  shall  be  fixed  by  the  insur- 
ance commissioner,  subject  to  the  approval  of  the  court,  and  shall,  on  certificate  of  the 
insurance  commissioner,  be  paid  out  of  the  funds  or  assets  of  such  coi*poration.  During 
the  progress  of  any  proceedings  taken  under  this  section,  the  insurance  commissioner, 
his  deputies  or  any  examiner  authorized  bj'  him  and  the  special  deputy  insurance  com- 
missioner acting  for  the  said  insurance  commissioner  therein  shall  have  all  of  the 
powers  given  to  the  insurance  commissioner,  his  deputy  or  any  examiner  authorized 
by  him,  including  the  power  to  examine  under  oath  the  persons  specified  in  such  section, 
and  to  compel  the  production  of  books  and  papers  as  therein  provided. 

Rules  and  regulations. 

§  8.  For  the  purposes  of  this  act,  the  insurance  commissioner  shall  have  power, 
subject  to  the  approval  of  the  court,  to  make  and  prescribe  such  rules  and  regulations 
as  to  him  shall  seem  proper. 

Report  to  legislature  on  liquidated  corporations. 

§  9.  The  insurance  commissioner  shall  transmit  to  the  legislature,  in  his  biennial 
report,  the  names  of  the  corporations  so  taken  possession  of,  whether  the  same  have 
resumed  business  or  have  been  liquidated,  and  such  other  facts  as  shall  acquaint  the 
policyholders,  creditors,  stockholders  and  the  public  with  his  proceedings  under  this 
act;  and  to  that  end,  the  special  deputy  insurance  commissioner  in  charge  of  any  such 
corporation  shall  file  annually  with  the  insurance  commissioner  a  report  of  the  affairs 
of  such  corporation. 

Commissioner  has  powers  of  receiver. 

^  10.  In  all  cases  arising  under  the  provisions  of  this  act  where  not  otherwise  pro- 
vided the  powers  and  duties  of  the  insurance  commissioner  with  relation  to  the  property 
and  assets  and  business  of  any  corporation  placed  under  his  control  shall  be  those 
heretofore  exercised  by  and  imposed  upon  receivers  of  corporations  within  this  state. 

Service  of  papers. 

^  11.  The  order  to  show  cause  and  the  papers  upon  which  the  same  is  made  in  any 
proceeding  instituted  under  the  provisions  of  this  act  shall  be  served  upon  the  corpora- 


Act  2200  GEINKRAL.  LAWS.  1183 

tion  named  in  such  order  in  the  manner  prescribed  by  law  for  personal  service  of  sum- 
mons upon  a  domestic  corporation.  When  it  is  satisfactorily  proved  by  affidavit  that 
the  officers  of  the  corporation  named  in  the  said  order  to  show  cause,  upon  whom  service 
is  required  to  be  made  as  above  provided,  or,  if  a  Lloyds  association  or  inter-insurance 
exchange  be  named  in  the  order  to  show  cause,  the  duly  designated  attorney-in-fact, 
have  departed  from  the  state  or  keep  themselves  concealed  therein  with  intent  to  avoid 
service,  such  order  to  show  cause  may  provide  for  service  thereof  in  such  manner  as 
the  court  or  judge  by  whom  the  same  is  made,  shall  direct. 

Transfer  of  place  of  business  to  San  Francisco. 

§  12.  At  any  time  after  the  commencement  of  proceedings  under  an  order  of  liquida- 
tion made  pursuant  to  this  section,  the  said  insurance  commissioner  may  remove  the 
principal  office  of  the  corporation  in  liquidation  to  the  city  and  county  of  San  Fran- 
cisco. In  event  of  such  removal  the  court  shall,  upon  the  application  of  the  insurance 
commissioner,  direct  the  clerk  of  the  county  wherein  such  proceeding  was  commenced  to 
transmit  all  of  the  papers  filed  therein  with  such  clerk  to  the  clerk  of  the  county  of 
San  Francisco,  and  the  proceeding  shall  thereafter  be  conducted  in  the  same  manner  as 
though  it  had  been  commenced  in  the  city  and  county  of  San  Francisco. 

Repealed.    Option  of  commissioner. 

§  13.  All  acts  and  parts  of  acts  inconsistent  with  the  provisions  of  this  act  are 
hereby  repealed;  provided,  however,  that  it  shall  be  optional  with  the  insurance  com- 
missioner in  any  appropriate  case  to  proceed  in  the  manner  herein  provided  or  in 
accordance  with  the  provisions  of  section  six  hundred  four  of  the  Political  Code, 

CHAPTER  166. 

INTEREST. 

References:   Interest  on  loans,  see  Kerr's  Cyc.  Civil  Code,  §§  1914,  et  8e(^ 
Legal  rate,  see  Kerr's  Cyc.  Civil  Code,  §  1917. 
Usury,  see  tit.  "Usury  Law." 
See,  generally,  tit.  "Pawnbrokers." 

CONTENTS  OF  CHAPTER. 
ACT  2200.     Rates  of  Interest  on  Loans  Upon  Chattel  Mortgages. 

RATES  OF  INTEREST  ON  LOANS  ON  CHATTEL  MORTGAGES. 
ACT  2200 — An  act  fixing  the  rates  of  interest  and  charges  on  loans  upon  chattel  mort- 
gages on  certain  personal  property,  and  prescribing  penalties  for  the  violation  of  the 
act. 

History:    Approved  March  20,  1905,  Stats.  1905,  p.  422.  M 

llnconstitutional. — In      re      Sohncke,       148  Compare  act  of  1905,  p.  711,  to  form  cor- 

Cal.  262,  82  Pac.  956;  7  Am.  &  Eng.  Ann.  Cas.  porations  to  lend  money  on  personal  prop- 
477;  113  Am.  St.  Rep.  236;  2  L.  R.  A.  (N.  S.),  erty  (Act  1022).  limiting  the  rate  of  interest 
813.  See,  also,  Eaker  v.  Bryant,  24  Cal.  on  chattel  mortgages  and  declared  uncon- 
App.  8T,  140  Pac.  310.  stitutional  in  the  same  case.     See,  also.  Act 

3434,    post. 

INTERPRETERS. 
See  Kerr's  Cyc.  Penal  Code,  $925. 


1183  INTOXICATING    LIQUORS.  Act  2213,  §9  1-3 

CHAPTER  167. 

INTOXICATING  LIQUORS. 

References:  See  tits.  "Adulteration";  "Wines."    Also, 
Administering,  see  Kerr's  Cyc.  Penal  Code,  §  222. 

Adulterated  liquors,  keeping  and  sale  of,  see  Kerr's  Cyc.  Penal  Code,  §§  382,  383. 
Bringing  into  certain  state  institutions,  see  Kerr's  Cyc.  Penal  Code,  §  171a. 
Sale  within  mile  of  camp  meeting,  see  Kerr's  Cyc.  Penal  Code,  §§304,  305. 
Sale  to  drunkard,  see  Kerr's  Cyc.  Penal  Code,  §  397. 
Sale  on  election  day,  see  Kerr's  Cyc.  Penal  Code,  §  63b. 
Sale  to  Indian,  see  Kerr's  Cyc.  Penal  Code,  §  397. 
Sale  to  infants,  see  Kerr's  Cyc.  Penal  Code,  §  397b. 
Sale  between  2  and  6  o'clock  a.  m.,  see  §  397c. 
Sale  of  in  state  capitol  or  grounds  thereof,  and  other  state  and  federal  institutions 

and  buildings,  see  Kerr's  Cyc.  Penal  Code,  §  172. 
Theatre,  employing  women  to  sell,  at,  see  Kerr's  Cyc.  Penal  Code,  §  303, 

CONTENTS  OF  CHAPTER. 

ACT  2213.  Collection  of  Accounts  for  Liquor. 

2214.  Sale  to  Person  Inordinately  Addicted  to  Use. 

2222.  Sale  Within  One  Mile  of  Mendocino  State  Hospitai* 

2223.  Sale  of  Within  One  Mile  of  College  City. 

2224.  Sale  Near  Construction  Camp. 
2224a.  Sale  at  Public  School  House. 

2225.  "Wyllie  Local  Option  Law." 

2226.  Prohibition  Enforcement  Act. 

2227.  Building  Nuisance  Abatement  Act. 

COLLECTION  OF  ACCOUNTS  FOR  LIQUOR. 

ACT  2213 — An  act  to  prohibit  the  collection  of  accounts  for  liquors  sold  at  retaiL 

History:     Approved  March  20,  1874,  Stats.  1873-74,  p.  509.     Prior  act 
of  April  21,  1858,  Stats.  1858,  p.  193,  superseded  by  present  act. 

Invalid  consideration. 

$  1.  The  purchase  of,  or  the  sale  and  delivery  of  any  spirituous  or  malt  liquors, 
wine,  or  cider,  by  retail,  or  by  the  drink,  is  hereby  declared  to  be  an  invalid  consid- 
eration for  any  promise  to  pay,  or  assumpsit  of  account  therefor,  when  the  amount 
of  such  account  or  demand  exceeds  five  dollars. 

Judgment. 

§  2.  No  court  shall,  in  any  action  at  law,  render  judgment  for  a  greater  amount 
than  five  dollars,  for  the  sale  at  retail,  or  by  the  drink,  of  any  spirituous  or  malt 
liquors,  wine,  or  cider,  together  with  costs. 

$  3.  Nothing  in  this  act  shall  be  construed  to  affect  in  any  manner  debts  contracte<J 
prior  to  its  passage. 

1.  Construed  and  applied — Sales  "by  the  act  Is  not  to  be  construed  as  It  would  be  In 
drink" — "Sales  by  retail." — The  act  is  not  reference  to  sales  of  merchandise,  but  as  it 
to  be  construed  as  making  sales  "by  the  would  in  §  3381,  Political  Code,  regulating 
drink"  synonymous  with  or  explanatory  of  "retail  liquor  licenses,"  which  Is  In  pari 
"sale  by  retail,"  by  reason  of  the  use  of  the  materia  with  this  act,  and  shows  clearly 
disjunctive  "or." — Bettencourt  v.  Sheehy,  that  the  phrase  sale  of  liquor  "at  retail" 
157  Cal.   698,   109  Pac.  89.  means    sales    "in    less    quantities    than    on« 

2.  Same — Same — Same. — The  act,  by  Its  quart." — Bettencourt  v.  Sheehy,  157  Cal.  698, 
terms,  clearly  applies  to  both  saleg  "by  the  109  Pac.  89. 

drink"  and  sales  "at  retail." — Bettencourt  v.  Recovery     for    Intoxicating:     liquors     moH 

Sheehy,  157  Cal.  698,  109  Pac.  89.  contrary  to  law. — Can  not  be  had. — lovra. — • 

.3.     Same — Sales  In  gallon  and  half  gallon  Taylor  v.  Pickett,  52  Iowa  467,  3  N.  W.  514; 

lots. — Where    sales    of    liquor   are    in    gallon  Quigley  v.  Duffey,  52  Iowa  610,  3  N.  W.  659; 

and  half  gallon  lots,  the  amount  of  recovery  Gipps    Brewing   Co.    v.    De    France,    91    Iowa 

is    not    limited    by    the    act. — Bettencourt    v.  108,  58  N.  W.  1087;  Fred  Miller  Brewing  Co. 

Sheehy,  157  Cal.  698.  109  Pac.   89.  v.  Stevens,  102  Iowa  60,  71  N.  W.  186.    Mich. 

4.     AVords  and  phrases — "Retail" — Statute  — Loranger  v.  Jardine,  56  Mich.  518,  23  N.  W. 

in  pari  materia. — The  word  "retail"  in  this  203.     Slinn. — Theo.    Hantm    Brewing    Co.    v 


Act*   2214,  2224,   §§  1,  2  GENERAL   L,AWS.  1184 

Young,  76  Minn.   246,  79  N.  W.  Ill,  396.  Neb.  Same — Sold  tor  nse  or  Bale  In  a  brothel.— 

— Tredway  v.  Riley,  32  Neb.  495,  49  N.  W.  See  9  L.  R.  A.  506  and  note  by  Robert  Desty. 
268;    Storz    v.    Finklestein,    46    Neb.    577,    65  Same — Shipped     into     prohibition     district 

N.  W.  195.  In  violation  of  local  laws. — See  lovra. — Wind 

Compare:    Wagner  v.   Breed,    29   Neb.   720,  v.  Her.   93  Iowa  316,  61  N.  W.  1001.    Mich. — 

46  N.  W.  286.  Gambs     v.     Sutlierland's    Estate,     101     Mich. 

As    to    recovery    for   intoxicating    liquors.  355,   59  N.  W.   652.    Fed. — Kolin  V.  Melscher, 

destroyed  as  a  nuisance,  see  36  L.  R.  A.  554.  43  Fed.  641,  10  L.  R.  A.  439. 

SALE  TO  PERSON  INORDINATELY  ADDICTED  TO  USE. 
ACT  2214 — An  act  to  prevent  the  sale  of  intoxicating  liquors  to  persons  addicted  to  the 
inordinate  use  thereof. 

History:      Approved   March   19,   1889,   Stats.   1889,  p.  352;    amended 
April  10,  1915.     In  effect  August  8,  1915,  Stats.  1915,  p.  49. 

Penalty  for  furnishing  liquors  to  person  inordinately  addicted  to  use  thereof. 

§  1.  Any  person  who,  after  receiving  notice  that  a  person  named  in  said  notice 
is  addicted  to  the  inordinate  use  of  intoxicating  liquors,  should  the  person  named 
ui  said  notice  be  so  addicted,  shall  thereafter  within  a  period  of  twelve  months  furnish 
o  said  person  so  addicted  to  the  inordinate  use  of  intoxicating  liquors,  any  spirituous 
liquors,  wines,  or  intoxicating  or  malt  liquors,  shall  be  guilty  of  a  misdemeanor  and 
[)unishable  by  imprisonment  in  the  county  jail  not  exceeding  six  months,  or  by  fine 
not  exceeding  two  hundred  dollars,  or  by  both  such  fine  or  imprisonment.  Said 
notice  shall  be  in  writing  and  may  be  given  by  any  adult  member  of  the  family  of 
said  person  so  addicted  to  the  inordinate  use  of  intoxicating  liquors,  or  by  any 
adult  relative  of  said  person  so  addicted  to  the  inordinate  use  of  said  intoxicating 
liquors,  or  by  any  peace  officer  or  district  attorney.  [Amendment  of  April  10,  1915. 
In  effect  August  8,  1915.    Stats.  1915,  p.  49.] 

Not  to  apply  to  physicians, 

§  2.  The  provisions  of  this  act  shall  not  prohibit  any  regularly  licensed  physician 
from  furnishing  or  prescribing  said  liquors  in  case  of  sickness. 

Act  takes  effect  when. 

^  3.     This  act  shall  take  effect  from  and  after  its  passage. 

SALE  NEAR  CONSTRUCTION  CAMP. 
ACT  2224 — An  act  to  prohibit  the  sale  of  intoxicating  liquors  within  a  certain  distance 
of  any  camp  or  assembly  of  men,  numbering  twenty-five  or  more,  engaged  upon  the 
construction,  repair  or  operation  of  any  public  work,  improvement,  or  utility. 
History:     Approved  March  25,  1909,  Stats.  1909,  p.  722. 
Sale  of  liquors  near  construction  camps. 

§  1.  It  shall  be  unlawful  for  any  person  to  sell,  keep  for  sale,  or  give  away,  any 
spirituous,  vinous,  malt  or  mixed  intoxicating  liquors  at  any  place  situated  more  than 
one  mile  outside  the  limits  of  an  incorporated  city  or  town,  and  within  four  miles  of 
any  camp  or  assembly  of  men,  numbering  twenty-five  or  more,  engaged  upon,  or  in  con- 
nection with,  the  construction,  repair  or  operation  of  any  public  or  quasi-public  work, 
improvement  or  utility;  provided,  however,  that  nothing  in  this  section  contained  shall 
be  deemed  to  apply  to  the  sale,  keeping  for  sale,  or  disposal  of  any  such  liquor  at  a 
licensed  saloon  or  liquor-store  which  shall  have  been  established,  or  at  a  licensed  saloon 
or  liquor-store  which  shall  be  maintained,  at  the  time  this  act  takes  effect,  upon  the 
same  premises  where  a  licensed  saloon  or  liquor-store  shall  have  been  established,  at 
least  six  months  prior  to  the  establishment  of  such  camp  or  assembly  of  men,  or  to  the 
sale,  keeping  for  sale,  or  disposal  of  any  such  liquors  at  any  winery,  licensed  brewery 
or  distillery,  where  the  same  is  manufactured. 

Misdemeanor. 

§  2.  Any  person  violating  any  of  the  provisions  of  this  statute  shall  be  guilty  of  a 
misdemeanor,  and,  for  each  offense,  shall  be  punished  by  a  fine  tiot  exceeding  five  !mn- 


11S5  INTOXICATIXG    LIQUORS.  Acts  2224a,  2228 

dred  dollars,  or  by  imprisonment  in  the  county  jail  not  exceeding  six  months,  or  bj 
both  such  fine  and  imprisonment. 

Act  takes  effect  when. 

$  3.     This  act  shall  take  effect  immediately. 

1.  Constltatlonal    law. — Act    held    consti-        one. — Ex  parte  King,   157   Cal.   161,    106   Pa 
tutional. — Ex   parte    King-,    157   Cal.    161,    106        578.     Also,  Ex  parte  Young-,  154  Cal.   317,  i,l 
Pac.    579.      Also    Ex    parte    Young-,    154    Cal.        L.  R.  A.    (N.  S.)    330,  97  Pac.  822. 

317,  22  L.  R.  A.   (N.  S.)   330,  97  Pac.  822.  4.     Same — License. — The    act    is   valid    anc 

2.  Same — Classification  —  Permanent  and  the  board  of  supervisors  have  no  power  to 
Itinerant  saloon. — Tlie  criterion  adopted  by  license  a  saloon  in  violation  of  its  pro- 
the  legislature  of  a  six  months'  existence  to  visions. — Great  Western  Po-wer  Co.  v.  Super- 
entitle  a  saloon  to  the  character  of  per-  visors,  21  Cal.  App.  146,  131  Pac.  88. 
manency  -was  reasonable. — Ex  parte  King,  5.  Same — Uniform  operation  of  act. — The 
157  Cal.  161,  106  Pac.  578.  Also,  Ex  parte  proviso  of  section  1  of  the  act  exempting 
Young,  154  Cal.  317,  22  L.  R.  A.  (N.  S.)  330,  from  its  operation  certain  business  estab- 
97  Pac.  822.  lished  six  months  prior  to  establishment   of 

3.  Same  —  Same  —  Same  —  The  design  of  camp,  does  not  affect  the  uniform  operation 
the  legislature  was  to  protect  the  public  of  the  act,  or  render  it  violative  of  sec- 
work  and  the  men  engaged  therein  from  tion  11,  article  1  of  the  constitution. — 
itinerant  saloon,  and  the  classification  Ex  parte  King,  157  Cal.  161,  106  Pac.  578. 
adopted  by  which  the  act  was  made  appli-  Also,  .  Ex  parte  Young,  154  Cal.  317,  22 
cable   only   to   that   class   was   a   reasonable  L.  R.  A.   (N.  S.)   330,  97  Pac.  822. 

PUBLIC  SCHOOLHOUSE  ACT. 

ACT  2224a — An  act  prohibiting  the  sale,  gift  or  delivery  of  intoxicating  liquor  at  public 

schoolhouses,  and  prescribing  penalties  for  the  violation  of  any  provision  hereof. 

History:     Approved  April  1,  1915.     In  effect  August  8.  1915.     Stats. 
1915,  p.  20. 

Sale  of  liquors  at  public  schools  prohibited. 

$  1.  Any  person,  firm,  association  or  corporation  that  sells,  gives  or  delivers  to  any 
person  any  intoxicating  liquor  at  any  public  schoolhouse  or  upon  any  portion  of  the 
grounds  thereof,  is  guilty  of  a  misdemeanor  and  shall  be  punished  by  a  fine  not  to 
exceed  five  hundred  dollars  or  by  imprisonment  in  a  county  jail  not  to  exceed  six  months, 
or  by  both  such  fine  and  imprisonment. 

Penalty. 

^  2.  Any  person,  firm,  association  or  corporation  convicted  of  the  violation  of  any 
provision  of  this  act  shall,  for  a  period  of  one  year  from  and  after  such  conviction,  be 
barred  from  having  or  receiving  any  privilege  accorded  by  that  certain  act  entitled 
"An  act  providing  for  the  free  use  of  all  public  schools  and  property,  and  to  establish 
a  civic  center  at  each  and  every  public  schoolhouse  in  the  state  of  California,  and  to 
provide  for  the  maintenance,  conduct  and  management  of  the  same,"  approved  June  6, 
1913. 

"WYLLIE  LOCAL  OPTION  LAW.*' 

ACT  2225 — An  act  to  provide  for  the  regulation  of  the  traffic  in  alcoholic  liquors  by 
establishing  local  option;  authorizing  the  filing  of  petitions  praying  for  elections  to 
vote  upon  the  question  whether  the  sale  of  alcoholic  liquors  shall  be  licensed  within 
the  territory  described  in  such  petitions ;  providing  for  the  calling  and  holding  of  such 
elections;  making  it  the  duty  of  the  proper  governing  body  to  declare  such  territory 
to  be  no-license  territory  unless  a  majority  of  votes  is  cast  in  favor  of  license;  pro- 
viding that  no  licenses,  permits  or  other  authority  to  sell  or  distribute  alcoholic 
liquors  in  no-license  territory  shall  be  granted;  forfeiting  and  declaring  void  all  such 
licenses  or  permits  theretofore  issued  and  in  force ;  making  it  a  penal  offense  to  sell, 
give  away  or  distribute  alcoholic  liquors  within  such  territory,  with  certain  excep- 
tions; and  providing  penalties  for  such  offenses. 

History:      Approved   April  4,   1911,    Stats.   1911,   p.   599. 
Gen.  Laws — 75 


Act  2225,  §§  1-4  GENERAL  LAW  S.  tlM 

Petition  for  election  on  local  option  question. 

$  1.  Qualified  electors  of  any  incorporated  city  or  town,  or  of  that  portion  of  any 
supervisorial  district  not  included  within  the  boundaries  of  any  incorporated  city  or 
town,  numbering  not  less  than  twenty-five  per  cent  of  the  number  of  votes  cast  for  all 
candidates  for  governor  in  the  territory  described  in  the  petition,  at  the  last  preceding 
election  for  governor  of  the  state,  may  petition  the  city  council,  board  of  trustees 
or  other  legislative  body  of  such  city  or  town  or  the  board  of  supervisors  of  the  county 
in  which  such  supervisorial  district  is  situated,  to  call  an  election  to  vote  upon  the  ques- 
tion, whether  the  sale  of  alcoholic  liquors  shall  be  licensed  in  such  city,  town,  or 
supervisorial  district  outside  of  incorporated  cities  and  towns. 

Form  of  petition. 

§  2.     Such  petition  shall  be  substantially  in  the  following  form: 

To  the. . . .  (here  insert  the  name  of  the  legislative  or  governing  body  of  the  district: 
city  council,  board  of  trustees,  board  of  supervisors,  or  whatever  it  may  be) ....  of 
the  ....  (here  insert  description  and  name  of  the  city,  town  or  county,  as  the  case 
may  be)   . . . . : 

The  undersigned,  residents  and  qualified  electors  of  the....  (here  insert  description 
and  name  of  the  city,  town,  or  supervisorial  district  outside  of  incorporated  cities  and 
towns,  as  the  case  may  be)   ....  respectfully  petition  that  you  cause  to  be  submitted, 

in  the  manner  provided  by  law,  to  the  voters  of  this (here  insert  "city,"  "town," 

or  "supervisorial  district  outside  of  incorporated  cities  and  towns,"  as  the  case  may 
be)  ....  the  proposition,  "Shall  the  sale  of  alcoholic  liquors  be  licensed  in  this  .... 
(here  insert  'city,'  'town,'  or  'supervisorial  district  outside  of  incorporated  cities  and 
towns')   ....?" 


NameofSi^er.  I      ^H^n 


Street. 


Postoffice. 


Date  of 
signing. 


Precinct. 


Petitioner's  signature.    Sworn  statement. 

§  3.  Each  petitioner  shall,  in  addition  to  signing  his  name  to  such  petition,  write 
opposite  his  name  thereon  his  place  of  residence,  giving  street  and  number,  if  any,  and 
such  signing,  to  be  valid,  must  have  been  done  not  more  than  sixty  days  before  the  filing 
of  said  petition.  There  shall  be  attached  to  each  sheet  of  such  petition  a  statement, 
signed  and  sworn  to  by  a  resident  of  the  district  described  in  such  petition,  that  the 
signatures  on  the  said  sheet  were  made  in  his  presence,  by  the  persons  whose  names 
purported  to  be  signed  thereto,  within  the  time  as  provided  in  this  act,  and  that  to  the 
best  of  his  knowledge  and  belief  the  persons  whose  names  are  signed  thereto  were,  at 
the  time  of  signing  the  same,  qualified  electors  in  the  district  described  in  said  petition. 
No  names  shall  be  withdrawn  from  such  petition  after  the  same  is  filed. 

Examination  of  petition.    Notice  to  person  filing.    Call  election. 

^  4.  Upon  the  filing  of  said  petition  the  clerk  of  the  body  to  which  it  is  addressed 
shall  forthwith  examine  it,  and  from  the  great  register  ascertain  whether  or  not  said 
petition  is  signed  bj'  the  requisite  number  of  qualified  electors  of  the  territory  described 
therein,  and,  if  necessary,  he  shall  be  allowed  extra  help  for  that  purpose,  and  within 
ten  days  from  the  date  of  filing  such  petition  he  shall  certify  in  writing  the  result 
of  such  examination  and  shall  file  this  certificate  with  the  petition.  If  the  clerk  finds 
the  number  of  qualified  signers  to  be  insufficient,  he  shall  immediately  send  a  written 
notice  to  the  person  who  filed  the  petition,  stating  the  number  of  qualified  signers  he 
has  found  thereon,  and  that  they  are  not  sufficient;  and  the  petition  may  be  amended 
within  ten  days  from  the  date  of  such  notice  by  the  filing  of  a  supplementary  petition. 
The  clerk  shall  within  ten  days  after  such  amendment  make  like  examination  and  cer- 


11S7  INTOXICATING    LIQUORS.  Act    2225,  §§  5-9 

tification  of  the  amended  petition.  If  it  is  still  found  insufficient  he  shall  notify  the 
person  who  filed  the  petition  of  that  fact,  without  prejudice,  however,  to  the  filing  of  a 
new  petition  to  the  same  effect. 

If  the  petition  shall  be  certified  as  suflScient,  the  legislative  or  governing  body  having 
jurisdiction  over  the  territory  described  therein  shall,  within  the  time  prescribed  herein, 
call  an  election  to  be  held  in  such  territory  to  vote  upon  the  question  whether  the  sale 
of  alcoholic  liquors  shall  be  licensed  therein. 

Provisions  governing  election. 

§  5.  Such  election  shall  be  called  and  held  in  the  manner  provided  by  law;  and  all 
the  provisions  of  law,  penal  or  otherwise,  applicable  to  a  general  state  election  shall 
apply  to  special  elections  held,  under  this  act,  in  territory  outside  of  incorporated  cities 
and  towns;  while  all  the  provisions  of  law  applicable  to  municipal  elections  shall  aj^ply 
to  special  elections  held,  under  this  act,  in  incorporated  cities  and  towns. 

Question  may  be  submitted  at  general  election.    Special  election  not  oftener  than  once 

in  two  years. 

^  6.  If  said  petition  shall  be  certified  as  sufficient  within  six  months  and  not  less 
than  forty  days  before  the  holding  of  the  next  general  state  or  general  municipal  elec- 
tion within  the  territory  therein  described,  such  question  shall  be  submitted  at  said 
general  state  or  general  municipal  election;  otherwise  a  special  election  to  vote  upon 
the  question  shall  be  called  to  be  held  within  not  less  than  thirty  nor  more  than  sixty 
days  after  the  petition  has  been  certified  as  sufficient,  provided,  that  no  election  under 
this  act  shall  be  held  within  two  years  of  any  previous  election  held  under  this  act 
within  the  same  territory. 

License  question  on  ballots  of  general  election. 

§  7.  If  said  petition  is  filed  with  the  governing  body  of  an  incorporated  city  or  town, 
and  is  certified  as  sufficient  within  six  months  and  not  less  than  forty"  days  before  the 
holding  of  the  next  general  state  election,  said  body  shall  forthwith  request  the  board 
of  supervisors  of  the  county  in  which  such  city  or  town  is  located  to  place  the  license 
question  on  the  ballots  for  all  voting  precincts  within  such  city  or  town  at  the  next 
general  state  election,  in  the  form  provided  in  section  8  hereof.  It  shall  be  the  duty 
of  said  board  of  supervisors  to  comply  with  such  request,  and  immediately  after  can- 
vassing the  returns  of  such  election  to  report  the  vote  for  and  against  license  to  the 
governing  body  of  such  city  or  town,  and  it  shall  enter  the  same  upon  its  minutes,  mak- 
ing record  of  the  date  of  the  election  and  of  the  number  of  votes  for  and  against  license. 

Ballot. 

^  8.     The  form  of  ballot  shall  bo  as  follows: 


Shall  the  sale  of  alcoholic  liquors  be  licensed  in  this 

(Here  insert  "city,"  "town."   or  "supervisorial  district  outside  of  incorporated 
cities  and  towns,"  as  the  case  may  be) 


Yes. 


No. 


To  vote  for  license  electors  thej'  shall  stamp  a  cross  in  the  square  opposite  the  word 
"Yes"  on  the  ballot;  and  to  vote  against  license  they  shall  stamp  a  cross  in  the  square 
opposite  the  word  "No"  thereon. 

Contest  of  election. 

$  9.  Any  elector  of  the  territory  in  which  an  election  under  this  act  is  held  may 
contest  such  election  for  malconduct  on  the  part  of  an  election  board  or  of  any  member 
thereof  or  on  account  of  illegal  votes.  Such  contest  shall  be  subject  to  all  the  provi- 
sions of  law  relating  to  the  contesting  of  elections,  so  far  as  the  same  mav  be  applic- 
able; provided,  that  while  said  contest  is  pending,  and  until  the  same  is  decided,  the 
force  and  effect  of  said  election  shall  be  the  same  as  if  it  had  not  been  contested. 


Act  2225,  §§  10-lS  GBIVBRAL   LAWS.  1188 

No-license  territory. 

^  10.  Unless  a  majority  of.  the  votes  cast  on  this  question  at  such  election  are  in 
favor  of  license,  the  tei'ritory  described  in  the  petition  shall  be  no-license  ten'itory  on 
and  after  ninety  days  from  the  date  of  said  election;  and  the  city  council,  board  of 
supervisors  or  other  governing  body  having  jurisdiction  thereof,  shall  thereupon  make 
an  entry  on  its  records  declaring  that  such  described  territory  is  no-license  territory; 
but  a  failure  to  make  such  entry  shall  not  affect  the  result  or  effect  of  such  election. 

In  any  prosecution  under  this  act  the  original  record  in  the  minutes  of  said  governing 
body  of  the  number  of  votes  cast  at  such  election,  or  a  copy  thereof  certified  by  the 
clerk  of  said  governing  body,  shall  be  prima  facie  evidence  that  the  territory  in  which 
such  election  was  held  is  no-license  territory;  provided,  said  record  shows  that  at  said 
election  there  was  not  a  majority  vote  in  favor  of  license. 

Election  necessary  to  change  to  license  territory. 

$  11.  When  any  city,  to^nn,  or  supervisorial  district  outside  of  incorporated  cities 
and  towns,  becomes  no-license  territory  it  shall  remain  such  until  at  a  subsequent  elec- 
tion, called,  as  herein  provided,  to  vote  on  the  question  of  whether  the  sale  of  alcoholic 
liquors  shall  be  licensed  therein,  a  majority  of  the  votes  cast  on  that  question  are  in 
favor  of  license.  It  shall  thereupon  cease  to  be  no-license  territory  within  the  meaning 
of  this  act. 

Licenses  in  such  territory  'become  void. 

^  12.  No  license,  permit  or  other  authority  to  sell  or  distribute  alcoholic  liquors  in 
no-license  territory  shall  be  issued  except  to  registered  pharmacists  and  to  manufac- 
turers of  such  liquors,  and  all  such  existing  licenses  or  permits,  except  those  of  regis- 
tered pharmacists  and  manufacturers,  shall  immediately  become  void  when  the  terri- 
tory becomes  no-license  territory;  but  all  holders  of  such  licenses,  permits  or  other 
authority  shall,  upon  a  surrender  thereof,  be  entitled  to  a  rebate  of  the  proportion  of 
license  fee  paid  therefor  for  the  unexpired  term  for  which  the  same  was  granted. 

Unlawful  to  sell  liquor. 

$  13.  It  shall  be  unlawful  for  any  person,  corporation,  firm,  company,  association  or 
club,  as  principal,  agent,  employee  or  otherwise,  within  the  boundaries  of  any  no-license 
territory  to  sell,  furnish,  distribute  or  give  away  any  alcoholic  liquors  except  as  pro- 
^'ided  in  section  16  hereof. 

Unlawful  to  conduct  place  where  liquor  is  sold. 

6  14.  It  shall  be  unlawful  for  any  person,  corporation,  firm,  company,  association  or 
club,  within  any  no-license  territory  to  keep,  conduct  or  establish,  as  principal  or 
agent,  any  place  where  alcoholic  liquors  are  sold,  served  or  distributed,  or  are  kept  for 
the  purpose  of  sale  or  distribution,  except  as  provided  in  section  16  hereof;  and  every 
day  that  such  place  shall  be  kept,  established  or  conducted  shall  constitute  a  separate 
offeny. 

Unlawful  to  solicit  orders  for  liquor. 

$  15.  It  shall  be  unlawful  for  any  person,  corporation,  firm,  company,  association 
or  club,  within  any  no-license  territory,  to  solicit  orders,  take  orders  or  make  agree- 
ments for  the  sale  or  delivery  of  alcoholic  liquors;  provided,  that  this  shall  not  apply 
to  the  taking  of  such  orders  from  a  registered  pharmacist  at  his  place  of  business, 
or  to  the  taking  of  orders  for  alcoholic  liquors  on  the  premises  where  stored  or  manu- 
factured, under  the  conditions  stated  in  section  16  hereof. 


11S9  INTOXICATING    LIQUORS.  Act  2225,  §§  16-17 

What  acts  not  unlawful. 

^  16.  Nothing  in  this  act  shall  be  interpreted  as  rendering  it  unlawful  to  keep 
alcoholic  liquors  for  distribution,  or  to  sell  or  distribute  such  liquors,  in  no-license 
territory  in  the  manner  and  for  the  purposes  in  this  section  provided: 

First — The  serving  of  such  liquors  by  any  person  at  his  own  home  to  members  of 
his  family  or  to  his  guests,  as  an  act  of  hospitality,  when  no  money  or  thing  of  value 
is  received  in  return  therefor,  and  when  said  home  is  not  a  place  of  public  resort; 

Second — The  serving  or  dispensing  of  such  liquors  by  any  registered  pharmacist  for 
bona  fide  medicinal  purposes  only,  upon  a  prescription  issued,  signed  and  dated  by 
a  duly  licensed  physician;  provided,  that  the  name  of  the  person  applying  for  the 
prescription  and  the  name  of  the  person  for  whose  use  the  prescription  is  made  shall 
be  inserted  therein  by  the  physician  issuing  the  same  at  the  time  the  prescription 
is  made  or  given,  and  that  not  more  than  one  sale  or  furnishing  is  made  upon  such 
prescription,  and  that  all  such  prescriptions  are  kept  on  file  at  the  place  of  business 
of  such  pharmacist,  open  to  public  inspection;  provided,  further,  that  no  such  liquors 
so  dispensed  shall  be  drunk  upon  the  premises  where  dispensed; 

Third — The  selling  of  alcohol  by  a  registered  pharmacist  for  other  than  beverage 
purposes;  provided,  that  such  pharmacist  shall  keep  a  record  of  such  sales  in  which 
shall  be  entered  the  date  of  the  sale,  the  quantity  sold,  the  purpose  for  which  pur 
chased,  and  the  signature  of  the  person  purchasing  the  same;  such  record  to  be  open 
to  public  inspection; 

Fourth — The  selling  of  wine  by  a  regularly  licensed  pharmacist  for  sacramental 
purposes  only;  provided,  such  wine  is  sold  only  to  a  regularly  ordained  minister  of 
some  religious  denomination,  or  upon  the  written  order  of  the  local  official  board  or 
governing  body  of  a  religious  organization;  provided,  further,  that  such  jiharmacist 
shall  keep  a  record  of  such  sales  in  which  shall  be  entered  the  date  of  the  sale,  the 
quantity  sold,  and  the  signature  of  the  person  purchasing  the  same;  such  record  to 
be  open  to  public  inspection; 

Fifth — The  distributing  of  wine  at  the  sacramental  service  of  any  religious  organ- 
ization; 

Sixth — The  keeping  of  alcoholic  liquors  at  cellars,  vaults  or  warehouses,  receiving 
orders  at  such  cellars,  vaults  or  warehouses  for  said  liquors,  and  the  shipping  of  the 
same  therefrom;  provided,  said  liquors  are  not  distributed  or  delivered  to  any  person 
or  place  in  no-license  territory  within  the  county  in  which  such  cellars,  vaults  or 
warehouses  are  located,  except  when  delivered  to  a  common  carrier  for  shipment  to 
a  place  outside  of  said  no-license  territory; 

Seventh — The  keeping  of  alcoholic  liquors  on  the  premises  where  manufactured, 
receiving  orders  at  said  premises  for  such  liquors,  and  the  shipping  of  the  same  from 
such  premises;  provided,  said  liquors  are  not  distributed  or  delivered  in  no-license 
territory  within  the  county  in  which  such  premises  are  located  in  quantities  of  less 
than  two  gallons,  and  are  not  delivered  to  any  person  or  place  in  such  territory  within 
said  county  except  as  follows:  (a)  to  a  common  carrier  for  shipment  to  a  place  outside 
of  said  no-license  territory;  (b)  to  other  manufacturers  of  alcoholic  liquors  at  the 
premises  where  they  manufacture  such  liquors;  (c)  to  cellars,  vaults  or  warehouses 
where  such  liquors  are  stored  or  distributed  as  provided  in  the  sixth  paragraph  of 
this  section  (d)  to  any  person  at  his  or  her  permanent  residence;  (e)  to  registered 
pharmacists  at  their  place  of  business. 

Physician  may  not  prescribe  for  person  not  in  actual  need. 

^  17.  No  physician  shall  give  to,  or  write  for,  any  well  person,  or  person  not  in 
actual  need  of  said  liquor  as  a  medicine,  any  prescription  for  alcoholic  liquors,  either 
separately  or  compounded  with  other  ingredients;  and  any  physician  who  shall  assist 


Act  2225,  §§  18-22  GENERAL.  LAW^S.  tlM 

in  violating  or  evading  any  of  the  provisions  of  this  act  shall  be  guilty  of  a  misde- 
meanor, and  upon  conviction  thereof,  shall  be  liable  to  the  penalty  provided  in  section 
19  hereof. 

Pharmacists  to  file  monthly  statements  of  liquors  sold,  etc. 

$18.  On  or  before  the  tenth  day  of  each  month  every  pharmacist  in  no-license 
territory  who  keeps  or  dispenses  alcoholic  liquors,  shall  file  with  the  county  clerk  of 
the  county,  wherein  his  place  of  business  is  located,  a  sworn  statement  of  the  kind 
and  quantity  of  such  liquors  he  has  received  during  the  previous  month,  showing  the 
date  or  dates  on  which  it  was  received  and  from  whom  purchased;  also  a  sworn 
statement  of  the  liquors  he  has  sold  or  dispensed  during  said  previous  month,  showing 
the  kind  and  quantity  of  liquors  in  each  sale,  the  date,  name  of  the  purchaser,  and, 
in  case  it  was  dispensed  on  a  prescription,  the  name  of  the  physician  who  issued  the 
prescription.  These  statements  shall  be  kept  on  file  by  the  county  clerk  for  at  least 
two  years,  open  to  public  inspection.  Any  pharmacist  in  no-license  territory  failing 
to  file  statements  as  herein  provided,  or  filing  false  statements,  shall  be  guilty  of 
a  misdemeanor,  and  upon  conviction  thereof  shall  be  liable  to  the  penalty  provided  in 
section  19  hereof. 

Penalty  for  violation. 

$  19.  Any  person  violating  any  of  the  provisions  of  this  act  shall  be  deemed  guilty 
of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  punished  by  a  fine  not  exceeding 
six  hundred  dollars,  or  by  imprisonment  in  the  county  jail  not  exceeding  seven  months, 
or  by  both  such  fine  and  imprisonment;  but  any  person  found  guilty  of  violating  any 
of  the  provisions  of  this  act,  by  conviction  for  an  offense  committed  after  a  previous 
conviction  under  this  act,  shall  be  punished  by  a  fine  not  exceeding  six  hundred  dollars 
nor  less  than  one  hundred  dollars,  and  by  imprisonment  in  the  county  jail  not  exceed- 
ing seven  months,  nor  less  than  one  month. 

Places  where  liquor  is  sold  in  no-license  territory  declared  nuisance.    Right  of  search. 

§  20.  All  places  where  alcoholic  liquors  are  sold  or  distributed,  or  are  kept  for  sale 
or  distribution,  in  violation  of  any  of  the  provisions  of  this  act,  are  hereby  declared 
to  be  common  nuisances,  and  shall  be  abated  as  such,  and  it  shall  be  the  duty  of  the 
district  attorney  to  take  action  to  abate  such  nuisances.  It  shall  be  the  duty  of  the 
sheriff  and  any  other  peace  officer  having  jurisdiction  within  any  no-license  territory 
to  put  persons  suspected  of  violating  any  of  the  provisions  of  this  act  under  police 
surveillance,  and  to  use  all  legal  means  in  detecting  and  convicting  persons  violating 
any  of  the  provisions  of  this  act.  The  right  of  search  as  given  in  chapter  III  of 
part  II  of  title  XII,  of  the  Penal  Code  of  the  state  of  California,  is  hereby  made 
applicable  to  all  places  where  there  is  reasonable  cause  to  believe  any  provision  of 
this  act  is  being  violated.  And  all  liquors  taken  from  places  operated  or  conducted 
in  violation  of  the  provisions  of  this  act  shall,  upon  conviction  of  such  person  or 
persons  from  whom  such  liquor  has  been  taken,  be  destroyed  upon  order  of  the  court 
in  which  such  conviction  has  been  had. 

"Alcoholic  liquors"  defined. 

$21.  The  term  "alcoholic  liquors,"  as  used  in  this  act,  shall  include  spirituous, 
vinous  and  malt  liquors,  and  any  other  liquor  or  mixture  or  liquors  which  contains 
one  per  cent,  by  volume,  or  more,  of  alcohol,  and  which  is  not  so  mixed  with  other 
drugs  as  to  prevent  its  use  as  a  beverage. 

Police  powers  not  limited. 

$  22.  Nothing  in  this  act  shall  be  construed  as  putting  any  limitations,  except  such 
as  are  positively  stated  herein,  upon  the  police  powers  now  possessed  by  cities,  towns 
and  counties. 


I 


1191 


INTOXICATING    LIQUORS. 


Act  2225 


I.  GONSnTTTTIONALITT. 

1-  3.     Delegation  of  legislative  power. 

3a.  Same — Suspension  of  general  laws. 

3b.  Encouragement  of  wine  grape  grow- 
ing does  not  affect  prohibition  of 
act. 

4.  Unreasonableness. 

5.  Legislative  power — Supervisorial  dis- 

tricts local  option  units. 

6.  Expression  of  legislative  policy — Ma- 

jority for  license. 

7.  Uniformity  of  operation. 

8.  Grant  of  police  power  to  electors  di- 

rect— Not  a  delegation  of  legisla- 
tive power. 

9.  Initiative  not  impaired. 

10.     Exercise  of  legislative  power  by  in- 
itiative. 
11- 13.     General  law. 

II.  Construction  and  Application. 

14.  Intention  of  act — No  intention  to  in- 

terfere with  sale  of  non-intoxicat- 
ing liquors. 

15.  Same — Subdivisions  to  vote  separately. 
16, 17.     Alcoholic  content  as  test  of  intoxicat- 
ing character. 

18.  Acts  declared  unlawful  in  section  15. 

19.  Distribution  in  no  license  territory. 

20.  Good   faith   of   defendant   not   a   de- 

fense. 

21.  Sale  not  purchase  prohibited. 

22.  "Furnishing"      liquor   —   Title      of 

"Wyllie    act"    broad    enough    to 
cover. 

23.  Use  at    private    residence — Ultimate 

destination  not  original  sale. 

24.  Constitutional    power    of    cities    and 

counties  not  limited. 
25-  28.     Conflict  with  county  wide  ordinance. 

29.  County  ordinance  not  conflicting. 

30.  Supersedes  county  ordinance. 

31-  33.     Exercise   of   constitutional   power   by 

municipality. 
34, 35.     Police  power   of  municipality  is   not 

suspended   or  impaired. 

in.    Procedure. 

36.     Petition — Clerk's  certificate  final. 

Equity  jurisdiction  of  superior  court 
for  fraudulent  acta  in  signatures 
to  petition. 

Election — Filing  clerk's  certificate. 

Same — County  prohibiting   ordinance. 

Same — Mandamus  to  compel  rescind- 
ing of  order. 

Same — Premature  declaration  of  "no 
license"  territory. 

Same — Presidential  primary  not  a 
general  election. 

Election  contest — Jurisdiction  of  su- 
perior court. 

Election  establishes  status. 


51 


52. 


36a. 


37. 

38. 
39. 

40. 

41. 

42. 


43. 
rv.    Effect  of  Adoption  of  "No  License." 

44.  Power  of  board  of  supervisors. 

45.  Clubroom  in  "no  license"  territory. 

46.  ' '  No   license ' '   territory — Solicitation 

for  household  use. 

47.  Solicitation  of  orders  in  "no  license" 

territory. 

48.  Soliciting  in  "no  license"  territory. 

49.  Soliciting  orders  by  mail — Venue. 


V. 


54. 

55. 

56. 

57-  61. 

62. 

63. 

64, 
65. 


50,  Soliciting  orders  in  "no  license"  ter- 
ritory for  delivery  outside. 

Purchase  outside,  and  bringing  into 
"no  license"  territory,  not  pro- 
hibited. 

Delivery  in  "no  license"  territory. 

Trial.   Pleading,   Practice. 
53.     Continuance — Testimony     of     absent 
witness. 

Complaint — Statement  negativing  ex- 
cepted classes  not  essential. 

Information — Allegation  of  alcoholic 
content  not  necessary. 

Same — "Sell  and  furnish." 

Same — Sufficiency  of. 

Same — Failure  to  designate  super- 
visorial district. 

Same — Averment  as  to  "no  license" 
character  of  territory  necessary. 

Indictment — Demurrer. 

Same — Construed  as  charging  "sale" 
only. 

VI.  Evidence. 

66-68.     Proof  of  "no  license"  character  of 

territory  essential. 
69,  70.     Same — Prior  sales. 

71.  Same — Character  of  liquor. 

72.  Same — Federal  liquor  license. 

73.  Same — Eecord    of   proceedings   form- 

ing ' '  no  license ' '  territory, 

74.  Same — Testimony   of   county  clerk. 

75.  Same — Intent  is  immaterial, 

76.  Expert   evidence  as   to   character   of 

liquor. 

77.  Judicial    notice    as    to    intoxicating 

character  of  wine. 

78.  Sale,   not   mere   delivery. 

79-  82.     Sufficiency  of  evidence  to  sustain  con- 
viction. 

VII.  Instructions. 

83.  Implied  intent. 

84.  Possession  of  federal  liquor  license. 
85,  86.  Alcoholic  content  of  liquor. 
87,88.  Good  faith  of  defendant. 

88a.  Giving  away  liquors. 

89.  Non-prejudicial  error. 

VIII.  Judgment. 

90.  Fine  and  imprisonment. 

IX.  Words  and  Phrases. 

91.  Definition    of    "alcoholic" — Rule    of 

ejusdem  generis. 

92.  "Solicit," 

93.  "Year." 

I.      CONSTITUTIONALITY. 

1.  Delegation   of   legislative   poTver. — The 

Wyllle  act  is  not  unconstitutional  as  calling: 
for  the  exercise  of  legislative  functions  by 
the  voters  of  the  districts,  but  such  voters 
merely  fix  their  administrative  status. — 
Matter  of  Ellsworth,  165  Cal.  677,  684,  133 
Pac.  272. 

2.  The  electors  exercise  no  legislative 
function  under  the  Wyilie  act,  but  merely 
determine  whether  they  will  avail  them- 
selves of  the  prohibitions  of  the  act. — Mat- 
ter of  Ellsworth,  165  Cal.  677,  684,  138  Pac. 
272. 

3.  The  power  to  malce  laws  conferred  by 


ift  2225 


ge)ne:rai.  laws. 


1102 


the  constitution  on  the  leg:lplfiture  can  not 
be  delegated  by  the  legislature  to  the  peo- 
ple of  the  state  or  to  any  portion  of  the 
people,  but  this  does  not  apply  to  a  statute 
which  is  made  to  depend  upon  the  happen- 
ing of  a  subsequent  event  as,  for  example, 
in  the  case  of  the  local  option  law,  upon 
the  vote  of  the  people  specially  interested. 
—Ex  parte  Beck,  162  Cal.  701.  704,  124  Pac. 
543. 

3a-  Snme — SunpenHion  of  general  la^VB. — 
The  local  option  act  itself,  and  not  the  vote 
of  the  people,  has  the  effect  of  suspending 
such  general  laws  as  the  municipal  cor- 
poration act,  and  county  government  act,  as 
to  the  licensing  and  regulating  of  the  sale 
of  alcoholic  liquors. — Ex  parte  Beck,  162 
Cal.   701,   711.  124   Pac.  543. 

3b.  KnffoiirnKeinent  of  Tvlne  grrape  Rrofv- 
ints.  does  not  affect  prohibition  of  act. — 
Notwithstanding  the  legislative  policy  of 
the  state  of  California  to  foster  and  encour- 
age the  growing  of  wine  grapes  and  manu- 
facture of  wines  therefrom,  the  board  of 
supervisors  of  any  county,  in  the  exercise 
of  its  police  power,  may  impose  upon  the 
sale  within  the  county  of  vinous  or  other 
alcoholic  liquors,  any  restrictions  which  are 
not  in  conflict  with  general  laws;  or  it  may 
prohibit  such  sale  altogether. — In  re 
Coombs,   169   Cal.   484,    490. 

4.  Unreasonableness. — The  local  option 
law  is  not  invalid  either  on  the  ground  of 
unreasonableness  or  that  It  involves  the 
delegation  of  its  power  by  the  legislature. — 
Ex  parte  Beck,  162  Cal.  701,  708,  124  Pac. 
543;  In  re  Anixter,  22  Cal.  App.  117,  134 
Pac.   193. 

5.  Legrlslative  power — Supervisorial  dis- 
tricts, local  option  units. — The  legislature 
was  authorized  to  declare  a  supervisorial 
district  a  local  option  district  notwithstand- 
ing the  fact  that  it  is  not  a  political  sub- 
division of  the  state. — Ex  parte  Beck,  162 
Cal.  701,  710,   124  Pac.  543. 

C.  Kxpression  of  lef^lslative  policy — Ma- 
jority for  license. — It  is  no  legal  objection 
to  the  validity  of  the  act  that  a  majority 
of  the  votes  cast  must  be  in  favor  of  the 
trafl^c  in  order  to  authorize  it,  the  adoption 
of  the  majority  vote  being  purely  an  ex- 
pression of  legislative  policy. — Ex  parte 
Beck,    162   Cal.   701,   712.    124    Pac.    543. 

7.  Uniformity  of  operation. — The  act  is 
uniform  in  operation  although  the  traffic  In 
Intoxicating  liquors  may  be  allowed  in 
some  districts  and  prohibited  In  others,  as 
the  electors  may  Indicate  their  desire. — Ex 
parte  Beck,  162  Cal.  701,  712,  124  Pac.  543. 

8.  Grant  of  police  power  to  electors  di- 
rect—Not a  delegation  of  legislative  power. 
— The  "Wyllie  act"  grants  to  the  electors 
themselves  the  power  which  Is  granted  to 
counties,  cities,  towns  and  townships  by  sec- 
tion 11,  article  XI,  of  the  constitution,  to 
deal  with  the  same  or  similar  questions, 
through  their  governing  bodies,  and  is  not 
a  delegation  of  legislative  power. — In  re 
Anixter,    22  Cal.   App.   117,   134   Pac.    193. 

9.  Initiative  not  impaired. — The  right  to 
Ifgislate  by  Initiative  Is  not  impaired  by 
the  circumstance   that  the  voting   body   in- 


cludes some  electors  re.clding  in  territory 
that  will  not  be  affected  by  the  enactment. 
— Crippen  v.  Farrier,  166  Cal.  69,  71,  134 
Pac.  1139. 

10.  Exercise  of  police  power  by  Initiative. 
— ^The  police  power  over  the  sale  of  intoxi- 
cating liquors  may  be  exercised  as  well  by 
the  Initiative  as  by  the  legislative  bodies. — 
Crippen  v.  Farrier,  166  Cal.  69,  71,  134  Pac. 
1139. 

11.  General  law. — The  "Wyllie  act"  is  a 
general  law  within  the  meaning  of  section 
11,  article  XI,  of  the  constitution. — In  re 
Zany,   20   Cal.   App.   360,   129   Pac.   295. 

12.  The  "AVylllc  act"  is  a  general  law  in 
the  truest  sense. — In  re  Anixter,  22  Cal.  App. 
117,  134  Pac.  193. 

13.  The  local  option  act  is  a  general  law, 
and  is  no  less  a  general  law  on  the  ground, 
if  true,  that  it  does  not  operate  in  cities 
having  freeholder  charters. — Ex  parte  Beck, 
162  Cal.  701.  711,   124   Pac.   543. 

II.    CONSTRUCTION  AND  APPLICATION. 

14.  Intention  of  act— No  intention  to  in- 
terfere with  sale  of  non-intoxicatins; 
liquors. — The  legislature  did  not  intend,  in 
the  passage  of  the  "Wyllie  act"  to  make  it 
unlawful  to  sell  non-intoxicating  liquors, 
nor  to  contraband  the  traffic  in  spirituous 
vinous  or  malt  liquors  possessing  no  in- 
toxicating quality. — People  v.  Strickler,  25 
Cal.  App.  60,  142  Pac.  1121. 

1.%.  Subdivisions  to  vote  separately. — The 
"Wyllie  act"  intended  to  permit  the  vari- 
ous subdivisions  of  a  county  to  vote  sepa- 
rately on  the  subject  of  the  liquor  traffic, 
unaffected  by  the  vote  of  other  subdivisions. 
— In  re  Zany.  20  Cal.  App.  360,   129  Pac.  295. 

1f>.  Alcoholic  content  as  test  of  Intoxi- 
cating character. — Alcoholic  content  of  beer 
as  establishing  its  character  as  an  intoxi- 
cating liquor. — Jacob  Hoffman  Brewing  Co. 
V.   McElligott,    259   Fed.   321. 

17.  Alcoholic  content  as  test  of  Intoxi- 
cating character. — Jacob  Ruppert  v.  Caffey, 
251  U.  S.  264,  64  L.  ed.  — ,  40  Sup.  Ct.  138. 

18.  Acts  declared  unlawful  in  section  15. 
— Three  acts  are  declared  unlawful  in  sec- 
tion 15  of  the  local  option  law  of  1911,  i.  e., 
soliciting  orders,  taking  orders,  and  making 
agreements  for  the  sale  or  delivery  of  al- 
coholic liquors,  and  the  words  "for  sale  or 
delivery  qualify  all  these  acts." — People  v. 
Winkler,   174  Cal.   133,  134,  162  Pac.   109. 

10.  Distribution  in  "no  license"  territory. 
— One  who,  by  any  means  or  method,  or 
In  any  manner,  gives,  furnishes  or  distrib- 
utes Intoxicating  liquors  in  "no  license"  ter- 
ritory to  other  persons,  is  guilty  of  a  vio- 
lation of  the  "Wyllie  act." — People  v.  Bliss 
(Cal.  App.),  182  Pac.  63. 

20.  Good  faith  of  defendant'  not  a  de- 
fense.— It  is  no  defense  to  a  prosecution 
under  the  "Wyllie  act"  for  selling  alcoholic 
liquor  in  "no  license"  territory  that  defen- 
dant believed  in  good  faith  that  the  liquor 
contained  less  than  one  per  cent  alcoliul  by 
volume. — People  v.  Bickerstaff  (Cal.  App.), 
190  Pac.   656. 

21.  Sale,  not  purchase,  prohibited. — The 
local  option  act  does  not  prohibit  the  pur- 


1 


1193 


INTOXICATING    LIQUORS. 


Act  2225 


chase  of  alcoholic  liquors,  but  only  the  sale. 
—People  V.  Winkler.  174  Cal.  133,  136,  162 
Pac.  109. 

22.  "Pnmlshmg"  liqaor — Title  of  "Wyllie 
act"  1b  broad  enougrh  to  cover  the  act  of 
"furnishing"  liquor  within  no  license  terri- 
tory.— People  V.  Joy,  30  Cal.  App.  36,  157 
Pac.  507. 

23.  Use  In  private  residence  —  Ultimate 
destination,  not  original  sale. — Under  para- 
graph 7  of  section  13  of  the  "Wyllie  act,"  the 
provision  as  to  the  use  of  liquor  at  a  private 
residence  refers  to  its  ultimate  destination 
and  not  to  its  original  sale. — Dini  v.  Byrnes, 
35  Cal.  App.  112,  169  Pac.  411;  People  v. 
Allen,  37  Cal.  App.  180,  174  Pac.  374;  People 
V.  Tinney.  37  Cal.  App.  811.  175  Pac.  17;  Peo- 
ple V.  Epperson,  38  Cal.  App.  486,  176  Pac. 
702. 

24.  Constitutional  potrer  of  cities  and 
counties  not  limited. — The  police  power  of  a 
city  or  county,  and  the  authority  thereunder 
to  restrict  or  prohibit  the  sale  of  liquor  are 
not  limited  by  the  fact  that  at  a  prior  elec- 
tion held  within  two  years  under  the  Jocal 
option  law.  a  majority  of  the  electors  of  the 
city  or  of  one  or  more  supervisorial  districts 
of  the  county,  may  have  voted  in  favor  of 
license. — Crippen  v.  Farrier,  166  Cal.  69,  71, 
134  Pac.  1139. 

25.  Conflict  ^vith  county  Avide  ordinance. 
— Where  under  the  "Wyllie  act,"  some  dis- 
tricts in  a  county  had  voted  "wet"  and  others 
had  voted  "dry,"  a  county  wide  ordinance 
adopted  by  a  county  wide  vote  providing  for 
a  county  wide  regulation  of  the  liquor  traf- 
fic must  necessarily  conflict  with  the 
"Wyllie  act." — In  re  Zany.  20  Cal.  App.  360, 
129  Pac.  295. 

26.  County  ordinance  conflicting  with  the 
"Wyllie  act"  is  unconstitutional  under  sec- 
tion 11,  article  XI,  of  tlie  constitution,  which 
provides  the  counties  may  make  and  en- 
force local  police  regulations  not  in  conflict 
with  general  law. — In  re  Zany,  20  Cal.  App. 
360,   129   Pac.   295. 

27.  A  county  ordinance  which  prescribes 
a  maximum  penalty  of  a  fine  of  six  hundred 
dollars  and  seven  months'  imprisonment  is 
not  in  conflict  with  the  local  option  act. — 
In  re  Isch,  174  Cal.  180,  184,  162  Pac.  1026; 
In   re  Waite,    174  Cal.   813.   162   Pac.   1028. 

2S.  A  county  ordinance  regulating  the 
sale  of  alcoholic  liquors  in  the  county  is 
not  invalid  because  it  may  provide  a  differ- 
ent scheme  for  local  option  from  that  pro- 
vided by  the  "Wyllie  act,"  in  view  of  the 
fact  that  that  act  only  limits  the  powers  of 
boards  of  supervisors  in  territory  voted 
"dry,"  and  the  powers  of  the  supervisors  In 
other  parts  of  the  county  is  undiminished. — 
In  re  Coombs,  169  Cal.  484,  491,  147  Pac.  131. 

29.  County  ordinance  not  conflicting. — 
An  ordinance  of  the  town  of  Winters  mak- 
ing it  unlawful  "to  solicit  orders,  take  or- 
ders, or  make  agreements  for  the  sale  or 
delivery  of  any  intoxicating  liquors,"  within 
that  town,  is  not  in  conflict  with  the  "Wylli* 
act." — Application  of  Anixter,  166  Cal.  762, 
763,    1.38    Pac.    353. 

30.  The    act    supersedes    a    county    ordi- 


nance prohibiting  the  sale  of  liquor. — In 
re  Lieritz,   166   Cal.   298,   299,   135  Pac.   1129. 

31.  Exercise  of  constitutional  power  by 
municipality. — Where  the  "Wyllie  act"  has 
not  been  invoked  and  adopted  by  a  town, 
that  town  may,  under  the  direct  grant  of 
section  11,  article  XI,  of  the  constitution, 
forbid  the  solicitation  of  orders  for  intoxi- 
cating liquors  within  its  limits. — In  re 
Anixter,   22   Cal.  App.   117,   134   Pac.   193. 

32.  The  "Wyllie  act"  was  not  designed 
by  the  legislature  to  have  the  effect  of  in- 
terfering with  the  constitutional  right  of 
local  communities,  through  their  duly  con- 
stituted authorities  to  handle  for  them- 
selves the  retail  liquor  business,  except  in 
those  cases  where  such  communities  adopt 
the  provisions  of  said  law  for  their  guid- 
ance upon  that  question. — In  re  Anixter,  22 
Cal.  App.  117,  134  Pac.  193. 

33.  Construction  of  section  22  of  the 
"Wyllie  act." — Section  22,  providing  that 
"nothing  in  this  act  shall  be  construed  as 
putting  any  limitation,  except  such  as  are 
positively  stated  herein  upon  the  police 
powers  of  cities,  towns  and  counties,"  must 
be  construed  so  as  not  putting  any  limita- 
tion upon  such  police  powers,  except  in  the 
matter  as  to  whether  "the  sale  of  alcoholic 
liquors  shall  be  licensed"  in  any  particular 
subdivision  contemplated  by  the  act. — In  re 
Zany,   20  Cal.   App.  360,  129   Pac.   295. 

34.  Police  power  of  municipality  is  not 
suspended  or  impaired. — A  vote  for  license 
under  the  "Wyllie  act"  does  not  impair  the 
police  power  of  the  board  of  trustees  of  a 
municipality  to  regulate  or  prohibit  the 
sale  of  alcoholic  liquors,  and  since  the  board 
has  the  power  the  electors  have  the  same 
power  under  the  initiative  and  referendum 
act  and  under  the  constitution  to  do  the 
same  thing. — Giddings  v.  Board  of  Trus- 
tees, 165  Cal.   695,   698,   133   Pac.   479. 

35.  There  is  in  the  act  no  forbidden  sus- 
pension of  the  police  power  granted  by  the 
constitution  to  counties,  cities  and  towns. — 
Ex  parte  Beck,  162  Cal.  701,  713,  124  Pac. 
543. 

III.    PROCEDURE. 

36.  Petition — Clerk's     certificate     final. — 

As  to  all  matters  pertaining  to  or  within 
the  proper  scope  of  his  duty  under  the  act 
in  the  examination  of  the  petition  under  the 
"Wyllie  act,"  the  decision  of  the  clerk  is 
final. — City  of  Watts  v.  Superior  Court,  36 
Cal.  App.  692,  173  Pac.  183;  People  v.  Bliss 
(Cal.  App.).  182  Pac.  63. 

36a.  Equity  jurisdiction  of  superior 
court  for  fraudulent  acts  in  signatures  to 
petition. — The  superior  court  in  the  exer- 
cise of  its  equity  jurisdiction  may  enjoin 
an  election  under  the  "Wyllie  act,"  where  it 
appears  that  there  were  fraudulent  acts 
committed  in  affixing  names  to  the  petition 
the  elimination  of  which  would  reduce  the 
signatures  thereto  below  the  required  num- 
ber.— City  of  Watts  v.  Superior  Court,  36 
Cal.  App.  692.  173  Pac.  183;  People  v.  Bliss 
(Cal.   App.),    182    Pac.    63. 

37.  Election — Filing  clerk's  certificate 
referred  to  in  section  4  .of  the   "Wyllie  act" 


Act  2225 


GENERAL.   LAWS. 


1194 


within  the  time  prescribed  In  the  act  is  es- 
sential, and  In  the  absence  of  such  filing, 
no  duty  is  incumbent  on  the  board  of  trus- 
tees, to  call  an  election  under  the  act. — 
Mills  V.  Board  of  Trustees,  35  Cal.  App.  424, 
169  Pac.  1052;  People  v.  Pera,  36  Cal.  App. 
292,  -171  Pac.  1091;  City  of  Watts  v.  Supe- 
rior Court,   36  Cal.  App.  692.   173  Pac.   183. 

3.S.  Sanip. — The  exlntence  of  a  county 
prohibitory  ordinance  is  no  bar  to  the  hold- 
ing: an  election  under  the  "Wyllie  act." — 
Application  of  Lleritz,  166  Cal.  298,  300,  135 
Pac.   1129. 

39.  Same. — Mandamna  will  lie  to  compel 
a  board  of  supervisors  to  rescind  an  order 
calling-  an  election,  in  connection  with  a 
presidential  primary,  under  the  "Wyllie  act" 
and  to  call  a  special  election  under  that 
act. — Bipelow  v.  Board  of  Supervisors,  18 
Cal.  App.  715.  124  Pac.  554. 

40.  Same — rreninture  declaration  of  "no 
lloense"  territory. — An  election  under  the 
Wyllie  law  is  not  void  because  the  super- 
visors announced  the  result  of  the  election 
and  declared  a  district  "no  license  territory" 
without  waiting  ninety  days. — Application 
of  Lleritz,  166  Cal.  298,   301,  135  Pac.  1129. 

41.  Same — Primary  election  to  choose 
nominees  for  president  is  not  a  general  elec- 
tion within  the  meaning  of  the  "Wyllie 
act." — Bigelow  v.  Board  of  Supervisors,  18 
Cal.  App.   715.   124   Pac.  554. 

42.  Election  contcdt— Jurliidlction  of  an- 
perior  court. — An  election  contest  in  an 
election  under  the  "Wyllie  act"  is  a  special 
case  within  the  meaning  of  section  5.  article 
V'l,  of  the  constitution  fixing  the  original 
jurisdiction  of  the  superior  courts. — Roche 
V.  Superior  Court,  30  Cal.  App.  255,  157  Pac. 
830. 

43.  Election  eatablishea  atatus. — An  elec- 
tion under  the  "Wyllie  act"  merely  estab- 
lishes a  status  or  condition  determining  the 
sentiment  of  the  electors  of  the  city,  town 
or  district,  and  the  law  operates  upon  but 
does  not  establish  this  status. — People  v. 
Mueller,  168  Cal.  521,  524,  L..  R.  A.  1915B, 
788,  143  Pac.  748. 

IV.    EFFECT  OP  ADOPTION  OF  "NO 
LICENSE." 

44.  Povrer     of     board     of     anpervlaopa. — 

Where  one  of  the  territorial  districts  under 
the  "Wyllie  act"  vote  no  license,  the  sale  of 
alcoholic  liquors  can  not  be  authorized  even 
by  license,  but  where  it  votes  for  license, 
the  board  of  supervisors,  or  other  legisla- 
tive body  has  still  the  power  to  disregard 
this  expression  and  regulate  or  prohibit 
such  sale. — Matter  of  Ellsworth,  165  Cal. 
677.  685.  133  Pac.  272. 

45.  Clubroom  in  "no  llcenae"  territory. — 
Where  a  club  in  "no  license"  territory,  buys 
alcoholic  liquor,  and  its  officials  dispense 
the  same  at  its  room  to  its  members,  it  is 
guilty  of  a  violation  of  section  14  of  the 
"Wyllie  act,"  and  is  not  a  mere  agent  with- 
in the  meaning  of  the  decision  In  People 
V.  Winkler,  174  Cal.  133  [162  Pac.  109]. — 
People  v.  Tinney,  37  Cal.  App.  811,  175  Pac. 
17. 

4C.      "Xo      lieenae*'.     territory — Solicitation 


for  houMclioId  nae,  of  orders  for  alcoholic 
liquors  in  "no  license"  territory  is  intended 
to  be,  and  is,  prohibited  by  the  "Wyllie 
act." — Golden  &  Co.  v.  Justice  Court,  23  Cal. 
App.   778,   140   Pac.   49. 

47.  Solicitation  of  order*  In  "no  license" 
territory. — The  legislature  Intended  to  pre- 
vent and  penalize  the  solicitation  of  orders 
for  alcoholic  liquors  in  "no  license"  terri- 
tory for  delivery  in  that  territory,  however 
the  offense  might  be  committed,  whether  in 
person  or  by  an  agent  or  through  the  mail. 
— Golden  &  Co.  v.  Justice  Court,  23  Cal.  App. 
778,  140   Pac.  49. 

48.  Solioitine  orders  In  "no  license**  ter- 
ritory.— The  gravamen  of  the  offense  is  the 
solicitation  of  the  orders,  and  it  is  not 
material  where  the  sale  is  consummated, 
whether  in  tlie  territory  or  outside. — 
Golden  &  Co.  v.  Justice  Court,  23  Cal.  App. 
778.   140   Pac.   49. 

40.  SoIIcitinie:  orders  by  mail — Venue. — 
The  offense  is  complete  on  the  receipt  of 
the  letter  by  the  person  to  whom  it  is  ad- 
dressed, and  the  venue  of  the  offense  is, 
therefore,  in  the  county  where  it  is  received. 
— Golden  &  Co.  v.  Justice  Court,  23  Cal. 
App.  778,  140  Pac.   49. 

50.  Soliciting  orders  In  no  license  terri- 
tory for  delivery  outside. — Soliciting  orders 
in  "no  license"  territory  for  delivery  with- 
out Its  boundaries  Is  not  prohibited  by  the 
"Wyllie  act." — Golden  &  Co.  v.  Justice 
Court,   23  Cal.   App.   778,   140   Pac.   49. 

51.  Purchase  outside,  and  brinsinfr  into 
no  license  territory,  not  prohil>lted. — The 
local  option  law  does  not  prohibit  one  from 
purchasing  alcoholic  liquors  outside  of  no 
license  territory  and  bringing  it  into  such 
territory  for  their  own  consumption,  and 
since  this  can  be  done  personally  it  can  be 
done  by  an  agent. — People  v.  Winkler,  174 
Cal.  133.  136,   162  Pac.  109. 

52.  Delivery  In  no  license  territory  can 
not  be  made  under  the  "Wyllie  act"  by 
seller  doing  business  in  license  territory, 
notwithstanding  the  liquor  is  to  be  used  at 
the  purchaser's  residence  to  be  served  to 
the  purchaser's  guests  at  such  residence. — 
Dini  v.  Byrnes.  35  Cal.  App.  112.  169  Pac. 
411;  People  v.  Allen.  37  Cal.  App.  180.  174 
Pac.  374;  People  v.  Tinney,  37  Cal.  App.  811, 
175  Pac.  17;  People  v.  Epperson,  38  Cal.  App. 
486,   176   Pac.   702. 

V.   TRIAL.      PLEADING.     PRACTICE. 

5.1.  ConMiiunncr— Testimony  of  absent 
^itnesN. — Intent  of  the  accused  in  a  prose- 
cution under  the  "Wyllie  act"  is  not  mate- 
rial, and  the  denial  of  a  continuance  to 
enable  defendant  to  produce  a  witness 
whose  testimony  goes  to  intent  alone.  Is 
not  error. — People  v.  Allen,  37  Cal.  App. 
180,  174  Pac.  374. 

54.  Complaint — Statement  negrativine  ex- 
cepted classes  not  esHential. — In  a  prosecu- 
tion under  the  "Wyllie  act"  the  complaint 
need  not  allege  that  defendant  is  not  within 
any  of  the  excepted  classes. — In  re  Lieritz, 
166  Cal.   298,   301,   135   Pac.   1129. 

65.  Information — Allegation  of  alcoholic 
content  not  necessary. — It  is  unnecessary  in 
a  prosecution  for  a  violation  of  the  "Wyllie 


1195 


INTOXICATIXG    LIQUORS. 


Act  2225 


act"  to  allege  in  the  information  that  the 
wine  alleged  to  have  been  sold  contained 
one  per  cent  or  more  of  alcohol,  by  volume. 
—People  V.  Mueller,  168  Cal.  526,  528,  143 
Pac.  750. 

56.  Same— '"Sell  and  furnish." — An  infor- 
mation charging  that  defendant  did  "sell 
and  furnish"  alcoholic  liquors  in  "no  li- 
cense" territory,  does  not  charge  two  sepa- 
rate offenses. — People  v.  Epperson,  38  Cal. 
App.    486,    176   Pac.   702. 

57.  Information — Sufficiency  of. — An  in- 
formation should  charge  that  the  offense 
was  committed  in  a  certain  supervisorial 
district  or  unit,  but  it  is  sufficient  if  it 
merely  charges  in  the  language  of  the 
statute  that  it  was  committed  In  "no 
license"  territory. — People  v.  Ruiz,  39  Cal. 
App.  593,  179  Pac.  691. 

58.  An  information  under  the  former 
charging  the  selling,  furnishing,  distribut- 
ing, and  giving  away  of  alcoholic  liquors 
in  no  license  territory,  charges  a  violation 
of  the  Wyllie  law,  notwithstanding  a  county 
ordinance  prohibited  the  same  acts  in  the 
same  territory  was  in  effect  at  the  time  of 
the  election  under  the  Wyllie  law  creating 
the  "no  license  territory." — In  re  Lieritz, 
166   Cal.  298,   299,  135   Pac.   1129. 

59.  An  information  under  the  "Wyllie 
act,"  charging  defendant  with  the  oifense 
of  "furnishing,  distributing  and  giving 
away,"  alcoholic  liquors  in  no  license  ter- 
ritory, is  sufficient. — People  v.  Joy,  30  Cal. 
App.  36,   157  Pac.   507. 

60.  An  information  charging  the  keeping 
by  defendant  of  liquor  for  sale  containing 
less  than  one  per  cent  of  alcohol,  fails  to 
state  a  public  offense  under  that  statute. — 
People  V.  Strickler,  25  Cal.  App.  60,  142  Pac. 
1121. 

61.  Information  charging  the  solicitation 
of  orders  in  "no  license"  territory  is  suf- 
ficient to  give  jurisdiction  to  make  a  pre- 
liminary examination  of  the  charge,  not- 
withstanding the  information  fails  to  aver 
whether  delivery  of  the  liquor  w^as  to  be 
made  within  or  without  such  territory. — 
Golden  &  Co.  v.  Justice  Court,  23  Cal.  App. 
778,    140  Pac.   49. 

62.  Same — Failure  to  designate  super- 
visorial district  is  not  prejudicial  wliere 
there  was  no  proof  that  tlie  sale  charged 
was  in  wet  territory. — People  v.  Ruiz,  39 
Cal.  App.  593,  179  Pac.  691. 

63.  Same — Averment  as  to  "no  license" 
ctiaracter  of  territory  neces.s:iry.— Informa- 
tion charging  violation  of  "Wyllie  act"  in 
keeping  and  conducting  a  place  of  business 
for  the  sale  and  distribution  of  intoxicating 
liquors  in  "no  license"  territory  should  aver 
that  such  territory  is  "no  license"  territory. 
— People  V.  Cavallini,  29  Cal.  App.  526,  156 
Pac.  73. 

64.  Indictment  ^  Demurrer.  —  An  indict- 
ment which  charges  that  defendant  did  on 
a  certain  day  "take  an  order  from,  sell  and 
deliver"  alcoholic  liquor  is  not  demurrable 
on  the  ground  that  it  charges  more  than  one 
offense,  and  that  the  several  offenses  are 
not  stated  in  separate  accounts,  since  such 
indiciment  only  cliarges  a  sale   under  section 


13  of  the  local  option  act,  the  words  "taking 
an  order  from"  are  surplusage. — People  v. 
Winkler,  174  Cal.  133,  134,  162  Pac.   109. 

65.  Same — Construed  as  changing  "sale" 
only.  —  An  indictment  charging  that  de- 
fendant did  "take  an  order  from,  sell,  and 
deliver"  alcoholic  liquor  charges  only  the 
offense  of  selling  under  section  13,  local 
option  act,  and  does  not  charge  the  taking 
of  an  order  for  sale  or  delivery  under  sec- 
tion 15,  the  words  "take  an  order  from," 
being  surplusage. — People  v.  Winkler,  174 
Cal.  133,  134,  162  Pac.  109. 

VI.     EVIDENCE. 

66.  Proof  of  "no  license"  character  essen- 
tial.— In  a  prosecution  for  a  violation  of 
the  "Wyllie  act"  (1911-599)  the  "no  license" 
character  of  the  territory  must  be  proved 
as  provided  by  the  act  itself,  or  by  other 
sufficient  evidence,  and  the  court  can  not 
take  judicial  notice  of  the  result  of  a  local 
election  to  put  the  law  in  operation. — Peo- 
ple v.  Mueller,  168  Cal.  521,  523,  L.  R.  A. 
1915B,  788,  143  Pac.  748. 

67.  AVhere  an  information  under  the 
"Wyllie  act"  fails  to  aver  that  at  the  time 
the  offense  was  alleged  to  have  been  com- 
mitted, and  the  evidence  failed  to  show, 
the  territory  in  question  was  "no  license" 
territory,  evidence  that  defendant,  prior  to 
such  date,  kept  a  place  of  public  resort 
where  alcoholic  liquors  were  sold  and  dis- 
tributed was  erroneously  admitted. — People 
V.  Cavallini,  29  Cal.  App.   526,  156  Pac.  73. 

68.  The  provision  of  section  10  of  the 
"Wyllie  act"  that  the  minutes  of  the  gov- 
erning body  showing  the  number  of  votes 
cast  at  an  election  shall  be  prima  facie 
evidence  that  the  territory  in  which  such 
election  was  held  is  "no  license"  territory, 
providing  such  minutes  do  not  show  a  ma- 
jority vote  in  favor  of  license,  was  not  in- 
tended to  permit  a  collateral  attack  on  the 
various  steps  of  the  proceedings  under 
which  a  "no  license"  territory  was  created. 
— People  V.  Clark,  28  Cal.  App.  670,  153  Pac. 
719. 

69.  Same — Prior  sales. — In  a  prosecution 
under  the  "Wyllie  act"  evidence  of  sales 
prior  to  that  charged  in  the  information  is 
inadmissible. — People  v.  Dial,  28  Cal.  App. 
704,   153   Pac.    970. 

70.  Evidence  of  prior  sale  is  admissible, 
in  a  prosecution  under  the  "Wyllie  act,"  to 
show  the  character  of  the  place. — People  v. 
Pera,   36  Cal.   App.   292,   171    Pac.   1091. 

71.  Same — Character  of  liquor. — A  wit- 
ness in  a  prosecution  for  a  violation  of  the 
"Wyllie  act"  who  testifies  that  he  knows  the 
difference  between  the  taste  of  whiskey, 
wine,  and  brandy,  is  qualified  to  testify  that 
he  tasted  the  liquor  sold  by  defendant  and 
that  it  was  wine. — People  v.  Mueller,  168 
Cal.   526,   528,  143   Pac.   750. 

72.  Same — Federal  liquor  license. — In  a 
prosecution  under  the  "Wyllie  act"  an  ap- 
plication for  a  federal  liquor  license  not 
shown  to  have  been  signed  by  defendant  is 
erroneously  admitted — People  v.  Pera,  36 
Cal.  App.  292.  171  Pac.  1091. 

7.1.  Same — Record  of  proceeding's  form- 
ing-  "no   license"   territory. — Evidence  of   ir- 


Act  22i 


GKNIDRAL    LAWS. 


1106 


regrularlty  In  the  proceeding's  culminating 
in  the  formation  of  "no  license"  territory 
under  the  "Wyllie  act,"  rendering  such  pur- 
ported formation  Ineffectual  for  any  pur- 
pose, Is  inadmissible  in  a  prosecution  under 
that  act  for  selling  liquor  in  such  "no 
license"  territory. — People  v.  Clark,  28  Cal. 
App.   670,   153   Pac.  719. 

74.  Same. — Testimony  of  county  clerk 
that  a  place  of  resort  kept  for  the  pur- 
pose of  selling  alcoholic  liquors  was  out- 
side any  incorporated  city  or  town,  and 
was  within  a  supervisorial  district  that 
had  voted  no  license  under  the  "Wyllie 
act"  was  suflicient  to  show  that  such  place 
was  in  no  license  territory. — People  v. 
Pera,   36  Cal.  App.   292,   171   Pac.  1091. 

75.  Same  —  Intent  is  Immaterial  In  a 
prosecution  for  a  violation  of  the  "Wyllie 
act,"  and  a  refusal  to  admit  evidence  which 
goes  only  to  the  intent  of  the  accused  is 
not  error. — People  v.  Pera,  36  Cal.  App. 
292,  171  Pac.  1091;  People  v.  Allen,  37  Cal. 
App.   180,   174  Pac.   374. 

76.  Expert  evidence  as  to  character  of 
liquor. — The  drinking  of  whiskey  is  of 
such  common  accurrence  that  it  does  not 
require  an  expert  to  pronounce  upon  It. — 
People  V.  Allen,  37  Cal.  App.  180,  174  Pac. 
374. 

77.  Judicial  notice  as  to  intoxicating 
character  of  >vine. — The  court  will  take 
judicial  notice  in  a  prosecution  for  a  vio- 
lation of  the  "Wyllie  act"  as  to  the  char- 
acter of  wine,  and  that  it  is  intoxicating, 
and  that  it  contains  more  than  one  per  cent 
of  alcohol,  by  volume. — People  v.  Mueller, 
168  Cal.  526,  528,  143  Pac.  750. 

7S.  Sale  not  mere  delivery. — Evidence 
held  to  sufficiently  show  that  a  transaction 
alleged  to  be  a  violation  of  the  "Wyllie 
act"  was  a  sale  and  not  a  mere  delivery. — 
People  V.  Frisbie,  34  Cal.  App.  519,  168  Pac. 
143;  People  v.  Tinney,  37  Cal.  App.  811,  175 
Pac.    17. 

79.  Sufficiency  of  evidence  to  RU.Htnin 
conviction. — Evidence  examined  and  held 
sufficient  to  sustain  a  conviction  in  a  prose- 
cution for  a  violation  under  the  "Wyllie 
act." — People  v.  Pera,  36  Cal.  App.  292,  171 
Pac.    1091. 

80.  Evidence  examined  and  held  suf- 
ficient to  justify  conviction  under  the 
"Wyllie  act." — People  v.  Sue  Chung  Kee, 
26  Cal.   App.   732,   148  Pac.   529. 

81.  Evidence  examined  and  held  suf- 
ficient to  sustain  a  conviction  under  the 
"Wyllie  act." — People  v.  Coates,  32  Cal. 
App.   533,   163   Pac.   502. 

82.  Evidence  held  suflicient  to  sustain 
a  conviction. — People  v.  Ruiz,  39  Cal.  App. 
593,   179   Pac.    691. 

VII.  INSTRUCTIONS. 
S3.  Implied  Intent. — An  Instruction  In  a 
prosecution  under  the  "Wyllie  act"  to  the 
effect  that  where  the  commission  of  the 
unlawful  act  is  shown  the  criminal  intent 
Is  implied  is  not  error. — People  v.  Allen, 
37  Cal.  App.  180,  174  Pac.   374, 


8^1.      PoK.4eMHion    of    federal    llqaor   license. 

— An  instruction  that  tlie  possession  of  a 
federal  liquor  license  does  not  legally 
operate  to  shield  a  defendant  against  a 
violation  of  the  "Wyllie  act"  Is  correct  as 
an  abstract  principle  of  law. — People  v. 
Pera,   36  Cal.   App.   292,   171   Pac.   1091. 

85.  Alcoholic  content  of  liquor. — An  In- 
struction to  the  effect  that  the  jury  was 
not  required  to  find  that  the  liquor  in  ques- 
tion contained  more  than  one  per  cent  of 
alcohol  by  volume,  was  erroneous. — People 
v.   Bickerstaff    (Cal.   App.),    190   Pac.    656. 

86.  It  in  error  to  refuse  to  instruct  the 
jury  in  effect  that  the  term  "alcoholic 
liquor"  as  used  in  the  "Wyllie  act"  means 
alcoholic  liquor  with  one  per  cent  by  vol- 
ume of  alcohol,  or  more. — People  v.  Bick- 
erstaff  (Cal.  App.),  190  Pac.   656. 

87.  Good  faith  of  defendant. — It  was 
not  error  to  refuse  an  instruction  to  the 
effect  that  if  the  jury  believed  that  defend- 
ant sold  the  liquor,  believing  in  good  faith 
that  it  contained  less  than  one  per  cent 
by  volume  of  alcohol,  they  should  acquit 
him. — People  v.  Bickerstaff  (Cal.  App.),  190 
Pac.    656. 

SS.  Instruction,  that  if  defendant  pur- 
chased liquor  outside  of  no  license  terri- 
tory as  the  agent  of  another,  having  no 
Interest  in  the  liquor  of  his  own  and  de- 
riving no  profit  from  the  transaction  itself, 
he  was  not  guilty  of  "selling"  such  liquor 
to  the  prosecuting  witness,  should  have 
been  given  in  defendant's  behalf. — People 
v.   Winkler,   174   Cal.    133,    136,   162   Pac.    109. 

88a.  Giving  away  liquors. — In  a  prose- 
cution under  the  "Wyllie  act"  for  giving 
liquor  to  another  in  "no  license"  territory, 
an  instruction  that  it  was  not  necessary  to 
warrant  a  conviction  that  the  evidence 
should  show  that  defendant  actually 
handed  the  liquor  to  another  person,  but 
it  was  sufficient  If  it  appeared  beyond  a 
reasonable  doubt  that  defendant  owned  the 
liquor  and  placed  it  in  a  public  place  and 
in  the  immediate  presence  of  such  other 
persons  with  the  intention  that  they  should 
drink  of  it,  correctly  states  the  law,  and 
was  pertinent  to  the  evidence. — People  v. 
Bliss    (Cal.   App.),   182   Pac.   63. 

80.  Non-prejudicial  error. — Error  in  in- 
structing the  jury  in  a  prosecution  under 
the  "Wyllie  act"  that  the  place  where  the 
liquor  was  sold  was  "no  license  territory," 
was  not  prejudicial  where  defendant  him- 
self testified  that  the  town  was  dry. — Peo- 
ple V.  Mueller,  168  Cal.  526,  529,  143  Pac. 
750. 

VIII.     JUDGMENT. 

90.  Fine  and  Imprisonment. — A  Judg- 
ment in  a  prosecution  under  the  "Wyllie 
act"  requiring  the  payment  of  a  fine  of 
$600  and  imprisonment  of  one  month,  and 
if  the  fine  is  not  paid  a  further  imprison- 
ment of  one  day  for  each  dollar  of  the  fine 
remaining-  unpaid,  is  void  as  to  the  clause 
relating  to  the  fine,  and  valid  as  to  the 
clause  relating  to  the  imprisonment  for  one 
month. — People  v.  Pera,  36  Cal.  App.  202, 
171   Pac.   1091. 


1107  INTOXICATING    LIQUORS.  Act  2227,  §§  1-3 


91.  Definition  of  "alcoliolic." — Rule  of 
ejasdem  generis  held  to  apply  to  section 
21  of  the  "Wyllie  act,"  which  attempts  to 
define  the  term  "alcoholic  liquors"  under 
the  act. — People  v.  Strickler,  25  Cal.  App. 
60,   142   Pac.   1121. 


IX.    WORDS  AND  PHRASES.  93.     "Year." — The     word     "year"     usually 

means  365  days,  but  it  Is  dependent  upon 
the  subject  matter  of  the  act  in  which  it  is 
used,  and  in  the  "Wyllie  act,"  providing 
that  no  election  shall  be  had  thereunder 
within  two  years  after  a  previous  election, 
it  means  that  if  the  question  is  submitted 
at  a  special  election,  it  can  not  be  sub- 
92.  "Solicit." — The  word  "solicit"  in  the  mitted  at  an  election  thereafter  within 
"Wyllie  act"  implies  personal  petition  or  two  years  of  365  days  each,  but  if  sub- 
importunity  addressed  to  a  particular  indi-  mitted  at  a  general  election  on  Novem- 
vidual  whether  in  person  or  through  the  ber  5,  1912,  it  may  be  submitted  at  the  gen- 
mail,  but  does  not  imply  the  impersonal  eral  election  on  November  3,  1914,  notwith- 
appeal  of  a  newspaper  advertisement. —  standing  less  than  two  years  of  365  days 
Golden  &  Co.  v.  Justice  Court,  23  Cal.  App.  have  intervened. — Hops  v.  Poe,  25  Cal.  App. 
778,  140  Pac.  49.  451,  143  Pac.  1072. 

BUILDING  NUISANCE  ABATEMENT  ACT. 

ACT  2227 — An  act  declaring  all  buildings  and  places  nuisances,  wherein  or  upon  which 

any  spirituous,  vinous,  malt  or  other  alcoholic  liquor  is  unlavrfully  sold,  served  or 

given  away,  or  which  are  used  for  the  purpose  of  unlawfully  selling,  serving  or 

giving  away  such  liquors ;  and  providing  for  the  abatement  of  such  nuisances. 

History:     Approved  April  28,  1915.    In  effect  August  8,  1915.    Stats. 
1915,  p.  236. 

Unlawful  sale  of  liquors,  nuisance. 

§  1.  Every  building  or  place  used  for  the  purpose  of  unlawfully  selling,  serving  or 
giving  away  any  spirituous,  vinous,  malt  or  other  alcoholic  liquor,  and  every  building 
or  place  wherein  or  upon  which  such  liquors  are  unlawfully  sold,  served  or  given 
away,  is  a  nuisance  which  shall  be  enjoined,  abated  and  prevented  as  hereinafter  pro- 
vided, whether  the  same  be  a  public  or  private  nuisance. 

District  attorney  or  citizens  may  bring  suit  to  abate. 

§  2.  Whenever  there  is  reason  to  believe  that  such  nuisance  is  kept,  maintained 
or  exists  in  any  county  or  city  and  county,  the  district  attorney  of  said  county  or  city 
and  county,  in  the  name  of  the  people  of  the  state  of  California,  must,  or  any  citizen 
of  the  state  resident  within  said  county  or  city  and  county,  in  his  own  name  may. 
maintain  an  action  in  equity  to  abate  and  prevent  such  nuisance  and  to  perpetually 
enjoin  the  person  or  persons  conducting  or  maintaining  the  same,  and  the  owner,  lessee 
or  agent  of  the  building,  or  place,  in  or  upon  which  such  nuisance  exists,  from  directly 
or  indirectly  maintaining  or  permitting  such  nuisance. 

Abatement  procedure.    Writ  of  injunction. 

$  3.  The  complaint  in  such  action  must  be  verified  unless  filed  by  the  district  attor- 
ney. Whenever  the  existence  of  such  nuisance  is  shown  in  such  action  to  the  satis- 
faction of  the  court  or  judge  thereof,  either  by  verified  complaint  or  affidavit,  and  the 
court  or  judge  is  satisfied  that  the  owner  of  the  property  has  received  written  notice 
of  the  existence  of  such  nuisance,  signed  by  the  complainant  or  the  said  district  attor- 
ney at  least  two  weeks  prior  to  the  filing  of  the  complaint,  the  court  or  judge  shall 
allow  a  temporary  writ  of  injunction  to  abate  and  prevent  the  continuance  or  recur- 
rence of  such  nuisance.  On  granting  such  writ  the  court  or  judge  must  require,  except 
when  it  is  granted  on  application  of  the  people  of  the  state,  written  undertaking  on  the 
part  of  the  applicant,  with  sufficient  securities,  to  the  effect  that  he  will  pay  to  the 
party  enjoined  such  damages,  not  exceeding  an  amount  to  be  specified,  as  such  party 
may  sustain  by  reason  of  the  injunction,  if  the  court  finally  decides  that  the  applicant 
was  not  entitled  thereto. 


Act  2227,  eg  4-8  GENERAL.  LAWS.  1188 

Precedence  of  actions.     Costs. 

§  4.  The  action  when  brought  shall  have  precedence  over  all  other  actions,  except- 
ing criminal  proceedings,  election  contests  and  hearings  on  injunctions.  If  the  com- 
plaint is  filed  by  a  citizen,  it  shall  not  be  dismissed  by  the  plaintiff  or  for  want  of 
prosecution  except  ujion  a  sworn  statement  made  by  the  complainant  and  his  attorney, 
setting  forth  the  reasons  why  the  action  should  be  dismissed,  and  the  dismissal  ordered 
by  the  court.  In  case  of  failure  to  prosecute  any  such  action  with  reasonable  diligence, 
or  at  the  request  of  the  plaintiff,  the  court,  in  its  discretion,  may  substitute  any  such 
citizen  consenting  thereto  for  such  plaintiff.  If  the  action  is  brought  by  a  citizen  and 
the  court  finds  there  was  no  reasonable  ground  or  cause  for  said  action,  the  costs  shall 
be  taxed  against  such  citizen. 

Plaintiff's  costs,  lien. 

^  5.  If  the  existence  of  the  nuisance  be  established  in  an  action  as  provided  herein, 
an  order  of  abatement  shall  be  entered  as  part  of  the  judgment  in  the  case,  and  plain- 
tiff's costs  in  such  action  shall  be  a  lien  upon  such  building  and  place,  enforceable  and 
collectible  by  execution  issued  by  order  of  the  court. 

Violation  of  injunction,  contempt. 

$  6.  Any  violation  or  disobedience  of  any  injunction  or  order  expressly  provided 
for  by  this  act  shall  be  punished  as  a  contempt  of  court  by  fine  of  not  less  than  two 
hundred  dollars  nor  more  than  one  thousand  dollars,  or  by  imprisonment  in  the  county 
jail  for  not  less  than  one  month  nor  more  than  six  months,  or  by  both  such  fine  and 
imprisonment. 

Fine,  lien  on  tuilding. 

§  7.  Whenever  the  owner  of  a  building  or  place  upon  which  the  act  or  acts  con- 
stituting the  contempt  shall  have  been  committed,  or  the  owner  of  any  interest  therein, 
has  been  guilty  of  a  contempt  of  court,  and  fined  therefor  in  any  proceedings  under  this 
act,  such  fine  shall  be  a  lien  upon  such  building  and  place  to  the  extent  of  the  interest 
of  such  person  therein,  enforceable  and  collectible  by  execution  issued  by  order  of  the 
court. 

"Person"  defined. 

§8.  The  term  "person,"  as  used  in  this  act,  shall  be  held  to  mean  and  include 
individuals,  corporations,  associations,  partnerships,  trustees,  lessees,  agents  and 
assignees. 

INVENTORY. 
See  Kerr's  Cyc.  Political  Code,  H32L 

CHAPTER  168. 

INVESTMENT  COMPANIES. 
References:    See,  generally,  tit.  "Corporations." 

CONTENTS  OF  CHAPTER. 
ACT  2235.     "Blue  Sky  Law." 

2236.      "COEPORATE  SeCUEITIES  ACT.*» 


119»  INVESTMENT    COMPANIES.  Act  2235,  §§  1-1 

"BLUE  SKY  LAW." 

ACT  2235'— An  act  to  define  investment  companies,  investment  brokers,  and  agents;  to 

provide  for  the  regulation,  supervision  and  licensing  thereof;  to  provide  penalties 

for  the  violation  thereof;  to  create  the  ofl&ce  of  commissioner  of  corporations*  and 

making  an  appropriation  therefor. 

History:  Approved  May  28,  1913.  In  effect  November  1,  1913. 
Stats.  1913,  p.  715.  Amended  June  3,  1915.  In  effect  August  8,  1915. 
Stats.  1915,  p.  1135. 

Title  of  act. 

$L     This  act  shall  be  known  as  the  "investment  companies  act." 

Definitions :  ' ' investment  company. ' ' 

§2.  (a)  The  term  "investment  company,"  when  used  in  this  act,  includes  every 
private  corporation,  association,  copartnership  and  company,  which  shall  within  this 
state,  sell,  offer  for  sale,  negotiate  for  the  sale  of  or  take  subscriptions  for  any  stock, 
stock  certificate,  bond  or  other  evidence  of  indebtedness  of  any  kind  or  character, 
issued  or  to  be  issued  by  itself,  other  than  promissory  notes  not  offered  to  the  public 
by  the  maker  thereof. 

"Security." 

(b)  The  term  "security,"  when  used  in  this  act,  includes  the  stock,  stock  certificates, 
bonds,  and  other  evidences  of  indebtedness,  other  than  promissory  notes  not  offered 
to  the  public  by  the  maker  thereof,  of  an  investment  company, 

' '  Investment  broker, "  "  contractor. ' ' 

(c)  The  term  "investment  broker,"  when  used  in  this  act,  includes  every  corporation, 
association,  copartnership,  company  and  person  who  shall  within  this  state  regularly 
engage  in  the  business  of  selling,  offering  for  sale  or  negotiating  for  the  sale,  as  agent 
or  contractor,  of  any  security  of  more  than  one  investment  company.  The  term 
"contractor"  means  any  one  who  undertakes  to  sell  securities  for  an  investment  com- 
pany for  a  commission  or  other  consideration. 

"Agent." 

(d)  The  term  "agent,"  when  used  in  this  act,  includes  every  corporation,  association, 
copartnership,  company  and  person  who  shall  within  this  state  sell,  offer  for  sale, 
negotiate  for  the  sale  of  or  take  subscriptions  for  any  security  of  an  investment  com- 
pany, either  as  an  employee  on  a  salary  basis  or  for  a  commission,  if  acting  either 
for  the  investment  company  or  an  investment  broker. 

"Sale." 

(e)  The  term  "sale,"  when  used  in  this  act,  means  the  original  transfer  of  title  of 
its  own  securities  from  an  investment  company  for  any  valuable  consideration. 

Act  not  applicable  to  certain  corporations. 

§  3.  This  act  shall  not  apply  to  corporations,  associations,  copartnerships,  com- 
panies, firms  and  individuals  now  or  hereafter  subject  to  the  jurisdiction  or  authority 
of  the  railroad  commission,  nor  to  corporations  now  or  hereafter  organized  under  the 
laws  of  this  state  for  the  purpose  of  conducting  the  business  of  banking  within  this 
state,  nor  to  corporations,  associations,  copartnerships,  companies,  firms  and  indi- 
viduals after  they  have  secured  from  the  insurance  commissioner  or  the  bureau  of 
building  and  loan  supervision  a  certificate  of  authority  or  license  to  do  business  within 
this  state,  nor  to  corporations,  associations,  copartnerships  or  companies,  subject  to 
federal  regulation  or  not  organized  for  profit,  nor  to  mutual  water  companies  and 
irrigation  districts,  nor  to  the  stocks,  stock  certificates,  bonds  or  other  evidences  of 


Act  2235,  §4  GENERAL  LAWS.  1200 

indebtedness  of  such  corporations,  associations,  copartnerships,  companies,  firms  or 
individuals.  [Amendment  of  June  3,  1915.  In  effect  August  8,  1915.  Stats.  1915, 
p.  1135.] 

Application  for  permission  to  sell  securities.    Filing  fee. 

§  4.  (a)  Before  selling,  offering  for  sale,  negotiating  for  the  sale,  or  taking  sub- 
scriptions for,  any  security  of  any  kind  or  character,  each  investment  company  shall 
file  in  the  office  of  the  commissioner  of  corporations  of  this  state,  an  application  for 
permission  so  to  do,  together  with  a  filing  fee,  as  hereinafter  prescribed,  an  itemized 
statement  of  its  financial  condition,  in  such  form  and  detail  as  the  commissioner  of 
corporations  may  prescribe,  a  copy  of  all  contracts  which  it  proposes  to  make  with 
or  sell  to  the  public,  a  certified  copy  of  its  charter,  articles  of  incorporation  or  articles 
of  association  and  all  amendments  thereto,  and  such  additional  information  pertaining 
thereto  as  the  commissioner  of  corporations  may,  from  time  to  time,  prescribe.  Said 
filing  fee  shall  be  five  dollars  if  the  par  or  face  value  of  said  security  amounts  to 
twenty-five  thousand  dollars  or  less;  ten  dollars  if  the  par  or  face  value  of  said 
security  amounts  to  over  twenty-five  thousand  dollars  and  not  over  fifty  thousand 
dollars;  fifteen  dollars  if  the  par  or  face  value  of  said  security  amounts  to  over  fifty 
thousand  dollars  and  not  over  seventy-five  thousand  dollars;  twenty  dollars  if  the 
par  or  face  value  of  said  security  amounts  to  over  seventy-five  thousand  dollars  and 
not  over  one  hundred  thousand  dollars;  and  twenty-five  dollars  if  the  par  or  face 
value  of  said  security  amounts  to  over  one  hundred  thousand  dollars. 

Securities  not  for  sale  to  public  exempt. 

(b)  If  the  investment  company  does  not  desire  to  sell  its  securities  to  the  public 
the  commissioner  of  corporations  maj'  make  his  written  finding  to  that  effect.  Upon 
the  filing  of  said  finding  the  investment  company  and  its  securities  shall  be  exempt 
from  the  provisions  of  this  act  until  the  commissioner  of  corporations  makes  and  files 
his  order  setting  aside  said  finding.  The  commissioner  of  corporations  shall  have 
power  to  make  his  order  setting  aside  said  finding  if  he  finds  that  the  investment 
company  is  selling  its  securities  to  the  public,  or  for  other  good  cause. 

Companies  organized  in  other  states.  Attorney  upon  whom  process  may  be  served.  Fee. 

(c)  If  such  company  is  organized  or  created  under  or  by  virtue  of  the  laws  of  any 
other  state,  teiTitory  or  government,  it  shall  also  file  in  the  office  of  the  commissioner 
of  corporations  a  certified  copy  of  the  law  or  laws  under  which  it  is  organized  or 
incorporated,  and  all  amendments  thereto,  and  also,  in  such  form  as  the  commissioner 
of  corporations  may  prescribe,  its  written  instrument,  irrevocable,  appointing  the 
commissioner  of  corporations  or  his  successor  in  office  its  true  and  lawful  attorney, 
upon  whom  all  process  in  any  action  or  proceeding  against  it  may  be  served  with 
the  same  effect  as  if  said  company  were  organized  or  created  under  the  laws  of  this 
state  and  had  been  lawfully  served  with  process  therein.  Service  upon  such  attorney' 
shall  be  deemed  personal  service  upon  such  company.  The  commissioner  of  corpora- 
tions shall  forthwith  forward  by  mail,  postage  prepaid  to  the  person  designated  by 
such  company  by  written  instrument  filed  with  the  commissioner  of  corporations  at 
the  address  given  in  said  instrument,  or,  in  case  no  such  instrument  has  been  filed,  to 
the  secretary  of  such  companj'  at  its  last  known  postoffice  address,  a  copy  of  every 
process  served  upon  him  under  the  provisions  of  this  section.  For  each  copy  of  process, 
the  commissioner  of  corporations  shall  collect  the  sum  of  two  dollars,  which  shall  be 
paid  by  the  plaintiff  or  moving  party  at  the  time  of  such  service,  to  be  recovered  by 
him  as  part  of  his  taxable  costs,  if  he  succeeds  in  the  suit  or  proceedings.  Service 
shall  not  be  deemed  complete  until  said  fee  has  been  paid,  and  said  copy  of  process 
mailed  as  hereinbefore  directed. 


1201  INVESTMENT    COMPANIES.  Act  2235,  §§  5,  6 

Commissioner  to  examine  company's  affairs  before  issuing  certificate.  Certificate  not 
recommendation.  Refusing  certificate.  Unlawful  to  issue  securities  without  cer- 
tificate.    Stock  to  directors.    Temporary  permit. 

§  5.  It  shall  be  the  duty  of  the  commissioner  of  corporations  to  examine  the  state- 
ment and  other  information  so  filed,  and  he  may,  if  he  deems  it  advisable,  make,  or 
have  made,  at  applicant's  cost  as  hereinafter  in  this  act  specified,  a  detailed  examina- 
tion, audit  and  investigation  of  the  investment  company's  affairs,  providing  that  the 
investment  company  may  at  its  option,  in  writing,  refuse  to  have  such  examination, 
audit  or  investigation  made,  whereupon  the  commissioner  of  corporations  must  reject 
the  application.  If  he  finds  that  the  proposed  plan  of  business  of  the  investment  com- 
pany is  not  unfair,  unjust,  or  inequitable  the  commissioner  of  corporations  shall  issue 
to  the  investment  company  a  certificate,  authorizing  it  to  sell  securities,  as  therein 
specified  within  this  state,  reciting  that  the  company  has  complied  with  the  provisions 
of  this  act,  that  detailed  information  concerning  the  investment  company  and  its 
securities  is  on  file  in  the  of&ce  of  the  commissioner  of  corporations  and  that  the 
investment  company  is  authorized  to  sell  said  securities  within  this  state  on  such 
conditions,  if  any,  as  the  commissioner  of  corporations  may  in  said  certificate  prescribe. 
Said  certificate  shall  recite  in  bold  type  that  the  issuance  of  this  certificate  is  permis- 
sive only  and  does  not  constitute  a  recommendation  or  indorsement  of  said  securities. 
The  commissioner  of  corporations  may  impose  such  conditions  as  he  may  deem 
necessary  to  the  issue  of  said  securities,  and  may,  from  time  to  time,  for  cause,  rescind, 
alter  or  amend  the  certificate.  If  the  commissioner  of  corporations  finds  that  the 
proposed  plan  of  business  of  the  investment  company  is  unfair,  unjust,  or  inequitable 
or  that  it  does  not  intend  to  do  a  fair  and  honest  business,  he  shall  refuse  to  issue 
the  certificate  and  shall  notify  the  investment  company  in  writing  of  his  decision. 
It  shall  be  unlawful  to  issue  any  security  to  which  this  act  is  applicable  unless  a 
certificate  or  a  temporary  permit  authorizing  the  issue  thereof  shall  first  have  been 
secured  from  the  commissioner  of  corporations  as  provided  in  this  act;  and  it  shall 
further  be  unlawful  for  any  investment  company,  investment  broker  or  agent  as  in 
this  act  defined,  to  sell,  offer  for  sale,  negotiate  for  the  sale  of  or  take  subscriptions 
for  any  stock,  stock  certificate,  bond  or  other  evidence  of  indebtedness  of  any  kind 
or  character  without  exhibiting  to  the  prospective  purchaser  or  prospective  purchasers 
of  such  securities,  or  any  thereof,  a  copy  of  the  certificate  issued  to  such  investment 
company  in  accordance  herewith.  A  Corporation  may  without  appl.ying  for  a  certificate 
under  tho  provisions  of  this  act  issue  to  each  of  its  directors  one  share  of  stock  for 
the  purpose  of  qualifying  as  directors.  The  commissioner  of  corporations,  if  satisfied 
that  the  investment  company  intends  to  do  a  fair,  just  and  equitable  business,  may. 
forthwith  upon  the  filing  of  the  statement  and  other  papers  required  by  section  four  of 
this  act,  issue  to  said  investment  company,  upon  such  conditions  as  he  may  prescribe, 
a  temporary  permit  to  issue  its  securities  pending  the  examination  of  said  statement 
and  other  papers,  and  may,  from  time  to  time,  for  cause,  rescind,  alter  or  amend  said 
temporary  permit. 

Investment  brokers'  permit.    Fee. 

$  6.  The  provisions  of  sections  four  and  five  of  this  act,  in  so  far  as  applicable, 
shall  apply  to  investment  brokers;  provided,  that  the  commissioner  of  corporations 
may,  if  he  finds  that  the  applicant  has  a  good  business  reputation  and  deals  only  in 
good  securities,  issue  to  an  investment  broker  a  general  permit  entitling  such  invest- 
ment broker  to  sell  securities  within  this  state,  authorized  by  him,  until  the  first  of 
March  following,  when  it  will  be  necessary  to  secure  a  new  general  permit.  For  each 
such  general  permit  the  commissioner  of  corporations  shall  charge  the  sum  of  five 
dollars.     Such  general  permit,  however,  shall  be  subject  to  revocation  by  the  commis- 

Gen.  Laws — 76 


Act  2235,  §§  7-10  GENERAL   LA\%'S.  1202 

sioner  of  corporations  at  any  time  for  cause  appearing  to  him  sufficient.  The  commis- 
sioner of  corporations  shall  forthwith  mail  written  notice  of  such  revocation  to  the 
investment  broker. 

Certificates  for  investment  brokers'  agents.    Fee. 

$  7,  Any  investment  company  or  investment  broker  may  appoint  one  or  more  agents, 
but  it  shall  be  unlawful  for  any  such  agent  to  do  any  business  as  specified  in  this  act 
until  he  shall  have  secured  from  the  commissioner  of  corporations  a  certificate  author- 
izing him  to  represent  such  investment  company  or  investment  broker  within  this  state 
until  the  first  of  March  following,  when  it  will  be  necessary  to  secure  a  new  certificate. 
For  each  certificate  the  commissioner  of  corporations  shall  charge  the  sum  of  one 
dollar.  Such  certificate,  however,  shall  be  subject  to  revocation  by  the  commissioner 
of  corporations  at  any  time  for  cause  appearing  to  him  sufficient. 

Supervision  and  control  of  companies  and  brokers.    Examination  fee. 

§  8.  The  commissioner  of  corporations  shall  have  general  supervision  and  control, 
as  provided  in  this  act,  over  an}'  and  all  investment  companies  and  investment  brokers, 
and  all  such  investment  companies  and  investment  brokers  shall  be  subject  to  exam- 
ination by  the  commissioner  of  corporations  or  a  duly  authorized  deputy  at  any  time 
the  commissioner  of  corporations  may  deem  it  advisable  to  have  such  examination 
made  to  carry  out  anj'  provision  of  this  act,  and  in  the  same  manner  and  with  the 
same  powers  as  is  now,  or  may  hereafter  be  provided  for  the  examination  of  state 
banks.  Such  investment  company  or  investment  broker  shall  pay  to  the  commissioner 
of  corporations,  for  each  examination,  a  fee  of  ten  dollars  and  traveling  expenses  for 
each  day  or  fraction  thereof  that  he  or  his  deputy  shall  necessarily  be  absent  from 
his  office  for  the  purpose  of  making  such  examination,  and  the  failure  or  refusal  of 
any  investment  company  or  investment  broker  to  pay  such  fee  upon  the  demand  of 
the  commissioner  of  corporations  shall  work  a  forfeiture  of  its  or  his  rights  to  sell 
any  further  securities  in  this  state  until  such  fee  shall  have  been  paid  to  the  commis- 
sioner of  corporations,  with  interest  at  the  rate  of  seven  per  cent  from  the  time  of 
the  demand  of  the  commissioner  of  corporations  and  an  additional  twenty-five  per 
cent  of  such  fee  by  way  of  penalty. 

Advertisements,  circulars,  etc. 

$  9.  It  shall  be  unlawful  for  any  investment  company,  investment  broker  or  agent 
to  issue,  circulate  or  deliver  any  advertisement,  pamphlet,  prospectus,  circular  or 
statement  or  other  document  in  regard  to  securities  which  it  desires  to  sell  in  this 
state  until  after  such  investment  company,  investment  broker  or  agent  shall  have 
been  licensed  to  sell  such  securities  as  provided  in  this  act.  It  shall  be  unlawful  for 
any  such  licensed  investment  company,  investment  broker  or  agent  to  issue,  circulate 
or  deliver  any  such  advertisement,  pamphlet,  prospectus,  circular,  statement  or  other 
document,  unless  the  same  shall  be  signed  with  the  name  of  the  investment  company 
or  investment  broker  and  bear  a  serial  number  and  a  copy  thereof  shall  first  have  been 
filed  with  the  commissioner  of  corporations.  The  commissioner  of  corporations  may 
for  cause  object  to  any  such  advertisement,  pamphlet,  prospectus,  circular,  statement 
or  other  document,  whereupon  it  shall  be  unlawful  for  such  investment  company, 
investment  broker  or  agent  to  further  issue,  circulate  or  deliver  such  advertisement, 
pamphlet,  prospectus,  circular,  statement  or  other  document. 

Semi-annual  reports. 

^  10.  (a)  Every  investment  company,  until  it  shall  have  sold  all  the  securities 
authorized  by  the  commissioner  of  corporations  and  disposed  of  the  proceeds  thereof, 
shall  file  in  the  office  of  the  commissioner  of  corporations,  under  date  of  December  31st 
and  June  30th  of  each  year,  and  within  fifteen  days  after  said  dates,  and  also  at  such 


I 
•I 

i 


1203  INVESTMENT    COMPANIES.  Act  2235, 8§  11-15 

other  times  as  may  be  required  by  the  commissioner  of  corporations,  a  report  setting 
forth  in  such  form  as  the  commissioner  of  corporations  may  prescribe,  the  securities 
authorized  by  him  and  sold  under  the  provisions  of  this  act,  the  proceeds  derived 
therefrom,  the  disposition  of  such  proceeds  and  such  other  information  concerning  its 
affairs  relating  to  the  subject  matter  of  this  act,  as  the  commissioner  of  corporations 
may  require. 

Broker's  reports  on  securities. 

(b)  Every  investment  broker  shall  when  called  upon  by  the  commissioner  of  cor- 
porations file  in  his  office  a  report  giving  such  information  as  he  may  call  for,  relating 
to  the  securities,  the  sale  of  which  has  been  authorized  under  the  provisions  of  this  act. 

Papers  open  to  public  inspection. 

$  11.  All  papers,  documents,  reports  and  other  instruments  in  writing  filed  with  the 
commissioner  of  corporations  under  this  act  shall  be  open  to  public  inspection;  pro- 
vided, that  if  in  his  judgment  the  public  welfare  or  the  welfare  of  any  investment 
company  demands  that  any  portion  of  such  information  be  not  made  public  he  may 
withhold  such  information  from  public  inspection  for  such  time  as  in  his  judgment 
is  necessary. 

Appeal  from  commissioner's  decision. 

§  12.  An  appeal  may  be  taken  from  any  decision  of  the  commissioner  of  corporations 
under  this  act  by  filing  with  the  clerk  of  the  superior  court  of  the  state  of  California, 
in  and  for  the  city  and  county  of  San  Francisco,  a  certified  transcript  of  all  papers  in 
the  office  of  the  commissioner  of  corporations  relating  to  such  decision.  It  shall  be  the 
duty  of  the  commissioner  of  corporations  to  make  and  certify  to  said  transcript  upon 
payment  to  him  of  a  fee  of  ten  cents  for  each  folio  and  one  dollar  for  the  certification. 
The  court  shall  upon  such  appeal  be  limited  to  a  consideration  of  the  question  whether 
there  has  been  abuse  of  discretion  on  the  part  of  the  commissioner  of  corporations  in 
making  such  decision. 

Penalty  for  false  statement. 

$  13.  Any  person  who  shall  knowingly  or  wilfully  subscribe  to  or  make  or  cause 
to  be  made  any  false  statement  or  false  entry  in  any  book  of  any  investment  company 
or  investment  broker,  or  exhibit  any  false  paper  with  the  intention  of  deceiving  any 
person  authorized  to  examine  into  its  affairs,  or  who  shall  make  or  publish  any  false 
or  misleading  statement  of  its  financial  condition  or  concerning  the  securities  by  it 
offered  for  sale,  shall  be  guilty  of  a  misdemeanor  and  shall  be  punishable  by  a  fine 
not  exceeding  one  thousand  dollars  or  by  imprisonment  in  a  county  jail  not  exceeding 
one  year  or  by  both  such  fine  and  imprisonment. 

Penalty  for  company  violating  act. 

§  14.  Any  corporation,  association,  copartnership  or  company  which  violates  or  fails 
to  comply  with  any  of  the  provisions  of  this  act,  or  which  fails,  omits  or  neglects  to 
obey,  observe  or  comply  with  any  order,  decision,  demand  or  requirement,  or  any 
part  or  provision  thereof,  of  the  commissioner  of  corporations  under  the  provisions 
of  this  act,  is  subject  to  a  penalty  of  not  less  than  five  hundred  dollars  nor  more  than 
two  thousand  dollars  for  each  and  every  offense,  which  penalty  if  unpaid  after  demand 
by  the  commissioner  of  corporations  shall  be  recovered  in  an  action  brought  in  the 
name  of  the  people  of  the  state  of  California  by  the  attorney  general. 

Penalty  for  person  violating  act. 

§  15.  Every  person  who  violates  or  fails  to  comply  with  any  of  the  provisions  of 
this  act  or  who  fails,  omits  or  neglects  to  obey,  observe  or  comply  with  any  order, 


Act  2235,  §§  lfl-19  GENERAL   LAWS.  1204 

decision,  demand  or  requirement,  or  any  part  or  provision  thereof,  of  the  commis- 
sioner of  corporations  under  the  provisions  of  this  act  in  any  case  in  which  a  different 
penalty  is  not  specifically  provided,  is  guilty  of  a  misdemeanor  and  is  punishable  by 
a  fine  of  not  exceeding  one  thousand  dollars,  or  by  imprisonment  in  a  county  jail  not 
exceeding  one  year,  or  by  both  such  fine  and  imprisonment. 

Corporation  department  created.     Salary.    Bond. 

§  16.  There  is  hereby  created  a  state  corporation  department.  The  chief  officer  of 
such  department  shall  be  the  commissioner  of  corporations.  He  shall  be  appointed  by 
the  governor  and  hold  office  at  the  pleasure  of  the  governor.  He  shall  receive  an 
annual  salary  of  five  thousand  dollars,  to  be  paid  monthly  out  of  the  state  treasury 
upon  a  warrant  of  the  controller.  He  shall  within  fifteen  days  from  the  time  of  notice 
of  his  appointment  take  and  subscribe  to  the  constitutional  oath  or  office  and  file  the 
same  in  the  office  of  the  secretary  of  state  and  execute  to  the  people  of  the  state  a 
bond  in  the  penal  sum  of  ten  thousand  dollars  with  corporate  security  or  two  or  more 
sureties,  to  be  approved  by  the  governor  of  the  state,  for  the  faithful  discharge  of  the 
duties  of  his  office. 

Deputies.     Compensation.    Total  expenditure. 

§  17.     The  commissioner  of  corporations  shall  employ  such  clerks  and  deputies  as 

he  may  need  to  discharge  in  proper  manner  the  duties  imposed  upon  him  by  law. 
Neither  the  commissioner  of  corporations  nor  any  of  his  clerks  or  deputies  shall  be 
interested  in  any  investment  company,  or  investment  broker,  as  director,  stockholder, 
officer,  member,  agent  or  employee.  Such  clerks  and  deputies  shall  perform  such 
duties  as  the  commissioner  of  corporations  shall  assign  to  them.  He  shall  fix  the 
compensation  of  such  clerks  and  deputies  which  compensation  shall  be  paid  monthly 
on  the  certificate  of  the  commissioner  of  corporations,  and  on  the  warrant  of  the 
controller  out  of  the  state  treasury;  provided,  however,  that  the  total  expenditures 
provided  for  in  this  act  shall  not  exceed  fifty  thousand  dollars  per  annum.  Each 
deputy  shall  within  fifteen  days  after  his  appointment  take  and  subscribe  to  the 
constitutional  oath  of  office  and  file  the  same  in  the  office  of  the  secretary  of  state. 

Office  of  commissioner. 

$  18.  The  commissioner  of  corporations  shall  have  his  office  in  the  city  of  Sacra- 
mento and  he  shall  from  time  to  time  obtain  the  necessary  furniture,  stationery,  fuel[,] 
light  and  other  proper  conveniences  for  the  transaction  of  the  business  of  the  state 
corporation  department,  the  expenses  of  which  shall  be  paid  out  of  the  state  treasury 
on  the  certificate  of  the  commissioner  of  corporations  and  the  warrant  of  the  controller. 

Corporation  commission  fund. 

§  19.  A  fund  is  hereby  created  to  be  known  as  the  "corporation  commission  fund" 
and  out  of  said  fund  shall  be  paid  all  the  expenses  incurred  in  and  about  the  conduct 
of  the  business  of  the  corporation  department,  including  the  salary  of  the  commis- 
sioner and  his  clerks  and  deputies  traveling  expenses,  furnishing  rooms  and  rent.  All 
moneys  collected  or  received  by  the  commissioner  of  corjoorations  under  and  by  virtue 
of  the  provisions  of  this  act  shall  be  delivered  by  him  to  the  treasurer  of  the  state, 
who  shall  deposit  the  same  to  the  credit  of  said  corporation  commission  fund.  And 
all  such  fund  so  deposited  or  such  part  thereof  as  may  be  necessary  for  the  purposes 
of  this  act  are  hereby  appropriated  to  the  use  of  the  corporation  commission  fund  for 
the  purposes  of  this  act.  It  shall  be  the  duty  of  the  commissioner  of  corporations 
semi-annually  to  certify  under  oath  to  the  state  treasurer  and  secretary  of  state  the 
total  amount  of  receipts  and  expenditures  of  the  state  corporation  department  for  the 
six  months  preceding.     All  fees  and  payments  of  every  description  required  by  this 


I 


1203  INVESTMENT    COMPANIES.  Act  2235.  §§  20-25 

act  to  be  paid  to  the  commissioner  of  corporations  shall  be  paid  by  him  to  the  state 
treasurer  on  the  first  day  of  each  week  following  their  receipt  by  the  commissioner 
of  corporations. 

Seal. 

.  §  20.  The  commissioner  of  corporations  shall  adopt  a  seal  with  the  words  "Com- 
missioner of  Corporations,  State  of  California,"  and  such  other  device  as  the  commis- 
sioner of  corporations  may  desire  engraved  thereon  by  which  he  shall  authenticate  the 
proceedings  of  his  office.  Copies  of  all  records  and  papers  in  the  office  of  the  corpora- 
tion department  shall  be  received  in  evidence  of  all  cases  equally  and  with  like  effect 
as  the  originals. 

Reports  as  evidence. 

§  21.  Every  official  report  made  by  the  commissioner  of  corporations  and  every 
report,  duly  verified,  of  an  examination  made,  shall  be  prima  facie  evidence  of  the 
facts  therein  stated  for  all  purposes  in  any  action  or  proceedings  wherein  any  invest- 
ment company  or  investment  broker  is  a  party. 

Constitutionality  of  act. 

§  22.  If  any  section,  sub-section,  sentence,  clause  or  phrase  of  this  act  is  for  any 
reason  held  to  be  unconstitutional,  such  decision  shall  not  affect  the  validity  of  the 
remaining  portions  of  this  act.  The  legislature  hereby  declares  that  it  would  have 
passed  this  act,  and  each  section,  sub-section,  sentence,  clause,  and  phrase  thereof 
irrespective  of  the  fact  that  any  one  or  more  other  sections,  sub-sections,  sentences, 
clauses  or  phrases  be  declared  unconstitutional. 

Repeal  of  inconsistent  acts. 

§  23.  All  acts  and  parts  of  acts  inconsistent  with  the  provisions  of  this  act  are 
hereby  repealed. 

Appropriation. 

^  24.  The  sum  of  ten  thousand  dollars  is  hereby  appropriated  out  of  any  moneys 
in  the  state  treasury  not  otherwise  appropriated  for  the  purpose  of  carrying  this  act 
into  effect. 

In  effect. 

^  25.     This  act  shall  take  effect  November  1,  1913. 

1.  Arknn.sas  "blue  sky  Ia«" — Declared  in  Ex  parte  Taylor,  68  Fla.  61,  66  So. 
oonstitniioual      and      valid. — The      Arkansas  292,    is    distinguished    from    the    "West    Vir- 

"blue    sky    law"    was   held    not    to    be   viola-  g-inia      statute      in      several      particulars. 

tive    of    either    federal    or    state    constitu-  Bracey   v.   Darst,   218    Fed.    482. 

tions,     in    placing    restrictions    and    limita-  4.      Same — "Due     process"     not    fiolatcd 

tions    upon    the    right    of    foreign    corpora-  "Equal    protection"    not    denied. — The    Flor- 

tions    to    do    business    in    the    state,    and    its  Ida  "blue  sky  law"  does  not  deprive  a  local 

regulatory  provisions  are  not  unreasonable,  corporation   of   property   without   due    proc- 

and    it   does    not   deprive    the    citizen    of   the  ess  of  law,   and  does   not  deny  it  the  equal 

right     of    freedom     of    contract,     and     is     a  protection    of    the    laws. — Ex    parte    Taylor, 

proper  exercise  of  the  police  power. — Stan-  68   Fla.   61,   66  So.   292. 

dard    Home    Co.   v.   Davis,    217    Fed.    904.  5.     Io>va      "blue      sky     la^v" Unconstitu- 

2.  California  "blue  sky  laTV»_PHrpose.  i'''"'*^-~P\^  ^""^^  T^^^^  ^^^  ^^^"  ^'^"  "«t 
-It  was  the  purpose  of  the  "blue  sky  law"  ^^  Justified  as  an  inspection  law,  is  not  a 
to  throttle  in  their  infancy  such  schemes  P'"°''*'''  exercise  of  the  police  power,  im- 
as  depend  upon  false  and  fraudulent  propa-  ^°fl  *.  burden  on  interstate  commerce, 
ganda  for  their  sale  of  worthless  securi-  f"**  ^^"'^^  t°  citizens  of  other  states  privi- 
ties.-Burns  v.  Bauer,  37  Cal.  App.  251,  174  eges  granted  to  citizens  of  Iowa.— Wil- 
p^^j     34g  liam  R.  Compton  Co.  v.  Allen,   216  Fed.   537. 

6.      Mlchig^nn  "blue  sky  l^w" — Neither  tax 

3.  Florida  "blue  sky  law" — Declared  nor  license  la»v. — The  Michigan  "blue  sky 
constitutional  and  valid. — The  Florida  "blue  law"  is  neither  a  tax  nor  a  license  law,  but 
sky   law,"   declared   constitutional  and   valid        in  its  dominant  characteristics  and  effect  is 


Act  2235 


GE:NE)RAIi   LAWS. 


1200 


prohibitory. — Alabama,  etc.,  Co.  v.  Doyle, 
210   Fed.   173. 

7.  Same — Violates    "due    process''    clau.se, 

— The  act  deprives  the  plaintiffs  of  prop- 
erty as  well  as  liberty  without  due  process 
of  law. — Alabama,  etc.,  Co.  v.  Doyle,  210 
Fed.  173. 

8.  Same — Not  within  police  power. — Cer- 
tain features  of  the  Michigan  "blue  sky 
law"  are  held  to  have  no  real  or  substan- 
tial relation  to  the  public  welfare,  and  not 
to  be  within  even  the  shadow  of  the  police 
power. — Alabama,  etc.,  Co.  v.  Doyle,  210 
Fed.    173. 

9.  Same — Denies  "equal  protection." — ^In 
certain  specified  particulars  the  Michigan 
"blue  sky  law"  deprives  plaintiffs  of  the 
equal  protection  of  the  laws. — Alabama, 
etc.,  Co.  V.  Doyle,  210  Fed.  173. 

10.  Same — Imposes  burden  on  Interstate 
commerce. — The  Michigan  "blue  sky  law" 
imposes  a  burden  on  interstate  commerce 
which  is  not  merely  indirect  and  Inci- 
dental, inasmuch  as  it  is  not  a  legitimate 
exercise  of  the  police  power. — Alabama,  etc., 
Co.  V.  Doyle,   210   Fed.   173. 

11.  Same — Title  covers  subject. — The 
broad  language  of  the  title  of  the  Michigan 
"blue  sky  law"  is  capable  of  a  construction 
which  will  cover  all  the  provisions  of  the 
act,  although  it  is  doubtful  whether  one 
reading  the  title  would  suppose  that  it  pro- 
hibited the  sale  of  securities  which  were 
not  fraudulent,  but  merely  not  worth  the 
selling  price. — Alabama,  etc.,  Co.  v.  Doyle, 
210   Fed.   173. 

11a.  Same  —  Constitutionality  sustained. 
— The  Michigan  "blue  sky  law"  was  sus- 
tained over  constitutional  objections  simi- 
lar to  those  raised  in  Hall  v.  Geiger-Jones 
Co.,  242  U.  S.  539,  Ann.  Cas.  1917C,  643, 
L.  R.  A.  1917F,  514,  61  L..  ed.  480,  37  Sup. 
Ct.  217;  Hall  v.  Coultrap,  242  U.  S.  539,  61 
L.  ed.  480,  37  Sup.  Ct.  217;  Hall  v.  Rose,  242 
U.  S.  539,  61  L.  ed.  480,  37  Sup.  Ct.  217; 
Caldwell  v.  Sioux  Falls,  etc.,  Co.,  242  U.  S. 
559,  61  L.  ed.  493,  37  Sup.  Ct.  224,  and  Mer- 
rick v.  N.  W.  Halsey  &  Co.,  242  U.  S.  568, 
61   L.    ed.   498.   37   Sup.   Ct.    227. 

lib.  Same — ExchanBe  of  stoclc  is  sale. — 
The  exchange  of  stock  of  a  subsidiary  for 
stock  in  a  holding  company  is  a  sale  with- 
in the  meaning  of  the  "blue  sky  law." — Ed- 
ward V.   loor,   205   Mich.   617,   172  N.   W.   620. 

lie.  Same — Sale  ot  stock  without  com- 
pliance with  law  void. — A  sale  of  stock  In 
a  foreign  corporation  in  the  state  of  Michi- 
gan, where  the  corporation  has  not  com- 
plied with  the  act  is  void,  and  the  pur- 
chaser is  entitled  to  recover  the  price  paid 
upon  tender  back  of  the  stock. — Edward  v. 
loor,   205  Mich.   617.  172  N.  W.   620. 

12.  Montana  "blue  sky  law" — Constitu- 
tionality not  determined. — In  a  suit  brought 
by  a  corporation  whose  plan  of  business  on 
its  face  antagonizes  sound,  economic  prin- 
ciples, and  is  designed  to  defraud  its  clients 
a  court  of  equity  will  not  determine  the 
constitutionality  •of  the  Montana  "blue  sky 
law." — National  Mercantile  Co.  v.  Keating. 
218  Fed.  477. 

13.  Same — Intent    of    act. — The    intent    of 


the  North  Carolina  statute  Is  to  protect  our 
people,  under  the  police  power,  from  fraud 
and  imposition  by  irresponsible  non-resident 
parties. — State  v.  Agey,  171  N.  C.  831,  88 
S.  E.  726. 

14.  North  Carolina  "blue  sky  law.'*— — 
Construed  and  applied. — A  foreign  corpora- 
tion organized  for  the  purpose  of  selling 
small  lots  of  land  upon  an  agreement  on 
their  part  to  set  the  same  out  in  figs,  with 
certain  guarantees  of  cultivation  and  num- 
ber of  plants  per  acre,  and  mutual  stipula- 
tions as  to  payment  of  purchase  price  and 
conveyance,  falls  within  the  extent  and 
meaning  of  the  North  Carolina  "blue  sky 
law." — State  v.  Agey,  171  N.  C.  831,  88  S.  E. 
726. 

15.  Ohio  "blue  sky  la^v" — Legislative 
policy  not  open  to  review. — The  prevention 
of  deception  is  within  the  competency  of 
government,  and  the  appreciation  of  the 
consequences  of  it  is  not  open  to  review. — 
Hall  V.  Geiger-Jones  Co.,  242  U.  S.  539,  Ann. 
Cas.  1917C,  643  L.  R.  A.  1917F,  514,  61  L.  ed. 
480,  37  Sup.  Ct.  217;  Hall  v.  Coultrap.  242 
U.  S.  539,  61  L.  ed.  480,  37  Sup.  Ct.  217;  Hall 
V.  Rose,  242  U.  S.  639,  61  L.  ed.  480,  37  Sup. 
Ct.  217. 

16.  Same — Purpose  of  act. — The  name 
that  is  given  the  law  indicates  the  evil  at 
which  it  Is  aimed;  that  is  "speculative 
schemes  which  have  no  more  leases  than  so 
many  feet  of  blue  sky."  or  to  stop  tlie  sale 
of  stock  in  fly-by-night  concerns,  visionary 
oil  wells,  distant  gold  mines,  and  other  like 
fraudulent  exploitations. — Hall  v.  Geiger- 
Jones  Co.,  242  U.  S.  539,  Ann.  Cas.  1917C,  643, 
L.  R.  A.  1917F,  514,  61  L.  ed.  480,  37  Sup.  Ct. 
217;  Hall  v.  Coultrap,  242  U.  S.  539,  61  L.  ed. 
480,  37  Sup.  Ct.  217;  Hall  v.  Rose,  242  U.  S. 
539,  61  L.  ed.  480,  37  Sup.  Ct.  217. 

17.  Same — Reason  and  extent  both  within 
competency  of  state. — The  reason  and  the 
extent  of  the  law,  and  the  control  to  which 
the  individual  transactions  are  subjected, 
are  both  within  the  competency  of  the 
state. — Hall  v.  Geiger-Jones  Co.,  242  U.  S. 
539,  Ann.  Cas.  1917C,  643,  L,.  R.  A.  1917F. 
514.  61  L.  ed.  480,  37  Sup.  Ct.  217;  Hall  v. 
Coultrap.  242  U.  S.  539,  61  L.  ed.  480.  37 
Sup.  Ct.  217;  Hall  v.  Rose,  242  U.  S.  539.  61 
L.  ed.  480.  37  Sup.  Ct.  217. 

18.  Same — Legislative  policy. — Safeeuards 
not  inappropriate.— Individual  inconvenience 
must  yield  to  public  welfare. — The  state  has 

•deemed  it  necessary  to  require  that  secu- 
rities offered  to  Its  public  shall  be  subjected 
to  such  safeguards  as  will  assure  their  in- 
tegrity, and  the  requirement  is  not  un- 
reasonable or  inappropriate,  and  this  can 
only  be  done  through  the  information 
which  may  be  furnished  the  public  of  the 
probity  of  those  who  deal  in  them,  and 
whatever  inconvenience  may  be  caused  by 
the  necessary  supervision  or  surveillance 
must  yield  to  the  public  welfare. — Hall  v. 
Geiger-Jones  Co.,  242  U.  S.  539,  Ann.  Cas. 
1917C,  643,  L.  R.  A.  1917F.  514.  61  D.  ed.  480. 
37  Sup.  Ct.  217;  Hall  v.  Coultrap.  242  U.  S. 
539,    61    L.    ed.    480,    37    Sup.   Ct.    217;   Hall   v. 


J207 


IXVEST3IEXT    COMPAKIES. 


Act  2235 


Rose.    242   U.   S.    539,    61    L.    ed.    480,    37    Sup. 
Ct.    217. 

19.  Same — License  feature. — The  discre- 
tion of  the  commissioner  to  grant  or  refuse 
a  license  is  qualified  by  his  duty,  and  is 
subject  to  review,  and  in  determining  the 
validity  of  the  law,  the  court  must  accord 
to  him  a  proper  sense  of  duty,  and  presume 
that  the  functions  entrusted  to  him  will  be 
executed  for  the  public  interest,  and  not 
wantonly  or  arbitrarily  to  deny  a  license 
to  or  take  away  a  license  from  a  reputable 
dealer. — Hall  v.  Geiger-Jones  Co.,  242  U.  S. 
539,  Ann.  Cas.  1917C.  643,  L.  R.  A.  1917F, 
514,  61  L.  ed.  480,  37  Sup.  Ct.  217;  Hall  v. 
Coultrap,  242  U.  S.  539,  61  L.  ed.  480,  37 
Sup.  Ct.  217;  Hall  v.  Rose,  242  U.  S.  539,  61 
L.  ed,  480,  37  Sup.  Ct.  217. 

20.  Same — Discriminations  and  classifica- 
tions not  unreasonable. — The  various  dis- 
criminations and  classifications  in  the  Ohio 
law  relating  to  various  kinds  of  securities, 
quantities  and  amounts  issued  by  the  same 
person,  amounts  of  commissions  on  sales, 
securities  of  common  carriers,  and  of  cor- 
porations organized  under  the  laws  of  the 
state,  etc.,  are  held  to  be  proper,  within  the 
power  of  the  state,  and  not  a  denial  of  equal 
protection  of  the  laws. — Hall  v.  Geiger- 
Jones  Co.,  242  U.  S.  539,  Ann.  Cas.  1917C. 
643,  L.  R.  A.  1917F,  514,  61  L.  ed.  480,  37 
Sup.  Ct.  217;  Hall  v.  Coultrap,  242  U.  S.  539. 
61  L.  ed.  480,  37  Sup.  Ct.  217;  Hall  v.  Rose, 
242  U.  S.  539.  61  L.  ed.  480,  37  Sup.  Ct.  217. 

21.  Same — Same. — A  state  may  direct  its 
law  against  what  it  deems  the  evil  as  it 
actually  exists  without  covering  the  whole 
field  of  possible  abuses,  and  it  may  do  so 
none  the  less  that  the  forbidden  act  does 
not  differ  in  kind  from  those  that  are  al- 
lowed; and  if  a  class  is  deemed  to  present  a 
conspicuous  example  of  what  the  legisla- 
ture seeks  to  prevent,  the  14th  amendment 
allows  it  to  be  dealt  with  although  other- 
wise and  merely  logically  not  distinguish- 
able from  others  not  embraced  in  the  law. — 
Hall  V.  Geiger-Jones  Co.,  242  U.  S.  539  Ann. 
Cas.  1917C,  643,  L.  R.  A.  19J7F.  514.  61  L.  ed. 
480,  37  Sup.  Ct.  217;  Hall  v.  Coultrap,  242 
U.  S.  539,  61  L.  ed.  480,  37  Sup.  Ct.  217;  Hall 
v.  Rose,  242  U.  S.  539,  61  L.  ed.  480,  37  Sup. 
Ct.  217. 

22.  Same — Infoiviation  as  to  securities. 
— Securities  issued  In  other  states  and  for- 
eign countries  are  only  affected  by  the  re- 
quirement that  Information  concerning 
them  must  be  filed,  and  that  those  who  deal 
in  them  within  the  states  must  have  a 
license  to  do  so. — Hall  v.  Geiger-Jones  Co., 
242  U.  S.  539.  Ann.  Cas.  1917C,  643,  L.  R.  A. 
1917F,  514,  61  L.  ed.  480,  37  Sup.  Ct.  217; 
Hall  v.  Coultrap,  242  U.  S.  539,  61  L.  ed. 
480,  37  Sup.  Ct.  217;  Hull  v.  Rose,  242 
U.  S.  539,   61  L.  ed.   480,   37  Sup.   Ct.   217. 

23.  Same — Burden  on  interstate  com- 
merce not  imposed. — The  act  does  not  im- 
pose a  burden  upon  interstate  commerce, 
inasmuch  as  It  only  affects  securities  after 
their  transportation  to  the  state  is  ended 
and  they  have  reached  the  hands  of  deal- 
ers,   and   interstate    commerce    is    only    inci- 


dentally affected. — Hall  v.  Geiger-Joues  Co., 
242  U.  S.  539,  Ann.  Cas.  1917C,  643,  L.  R.  A. 
1917F,  514,  61  L.  ed.  480,  37  Sup.  Ct.  217; 
Hall  V.  Coultrap,  242  U.  S.  539,  61  L,.  ed. 
480.  37  Sup.  Ct.  217;  Hall  v.  Rose.  242  U.  S. 
539.    61   L..   ed.    480,    37    Sup.   Ct.   217. 

23a.  Same — Regmlation  of  business  for 
public  protection. — The  law  is  a  regulation 
of  busines.  constrains  conduct  only  to  that 
end,  the  purpose  being  to  protect  the  pub- 
lic against  the  imposition  of  unsubstantial 
schemes,  and  the  securities  based  upon 
them. — Hall  v.  Geiger-Jones  Co.,  242  U.  S. 
539,  Ann.  Cas.  1917C,  643,  L..  R.  A.  1917F, 
514,  61  L.  ed.  480,  37  Sup.  Ct.  217;  Hall  v. 
Coultrap,  242  U.  S.  539,  61  L.  ed.  480,  37  Sup. 
Ct.  217;  Hall  v.  Rose.  242  U.  S.  539,  Ann. 
Cas.  1917C,  643,  L.  R.  A.  1917F,  514,  61  L.  ed. 
480,  37  Sup.  Ct.  217. 

24.  South  Dakota  "blue  sky  lavr*' — Con- 
stitutionality upheld. — For  the  reasons  as- 
signed in  the  cases  of  Hall  v.  Geiger-Jones 
Co.,  242  U.  S.  539,  Ann.  Cas.  1917C,  643, 
L.  R.  A.  1917F,  514,  61  L.,  ed.  480,  37  Sup. 
Ct.  217;  Hall  v.  Coultrap,  242  U.  S.  539,  61 
L.  ed.  480,  37  Sup.  Ct.  217;  Hall  v.  Rose.  242 
U.  S.  539.  61  L.  ed.  480,  37  Sup.  Ct.  217,  the 
constitutionality  of  the  South  Dakota  "blue 
sky  law"  was  sustained  in  the  case  of 
Colorado  corporation  seeking  to  raise  capi- 
tal on  its  stock,  and  dealers  in  the  same. — 
Caldwell  v.  Sioux  Falls,  etc.,  Co.,  242  U.  S. 
559,   61  Lr.  ed.  493,   37  Sup.  Ct.  224. 

25.  OrepTon     "blue     sky     law" — Constitu- 

fioi.n]:^',-  T^ot  docided. — Compliance  with  the 
laws  of  Oregon  Is  a  condition  precedent  to 
lilt;  iiyni  uf  a  foreign  corporation  to  do 
business  in  that  state,  and  until  such  com- 
pliance is  shown  such  corporation  can  have 
no  proper  or  legal  standing  for  doing  or 
transacting  business  within  the  state,  and 
it  follows  irresistibly  that  it  has  no  stand- 
ing to  maintain  a  suit  there. — National, 
etc.,  Co.  V.  Watson,  215  Fed.  929. 

26.  Same — Resistance  to  enforcement  by 
taxpayer. — A  taxpayer  may  resist  the  en- 
forcement of  an  unconstitutional  statute 
which  increases  his  taxes,  but  he  can  not 
resist  the  enforcement  of  the  "blue  sky 
law,"  the  purpose  of  which  is  to  prevent 
fraud  in  the  sale  of  stocks,  where  the  ex- 
penditures would  be  derived  from  license 
fees,  demanded  from  corporations  as  a  con- 
dition of  doing  business. — McKinney  v. 
Watson,  74  Ore.  220,  145  Pac.  266. 

27.  Sarne^— Person  ^'ithont  Interest  can 
not  attack  constitutionality. — Where  the 
party  attacking  a  state  statute  on  the 
ground  of  its  unconstitutionality  has  no 
interest,  the  question  will  not  be  considered. 
— McKinney  v.  Watson,  74  Ore.  220,  145 
Pac.    266. 

28.  West  Virginia  "blue  sky  law" — Un- 
constitutional.— The  West  Virginia  "blue 
sky  law"  was  held  unconstitutional  be- 
cause it  abridged  the  right  of  the  citizen 
of  the  United  States  to  buy  and  sell  prop- 
erty in  the  state,  and  thus  deprived  them 
of  property  without  due  process  of  law; 
because  it  denied  them  the  equal  protection 
of    the   law;    and   because    it   operated   as    a 


Act  223C  §§  1,  2  GENERAL.   LAWS.  1208 

restraint  and  burden  upon  Interstate  com-  of  the  police  power,  or  of  Interstate  com- 
merce.— Bracey  v.  Darst,  218  Fed.  482.  merce,  but  purely  and  simply  the  exercise 
29.  Same — Same. — The  court  held  that  of  the  sovereign  power  over  artificial 
the  legislature  may  prevent  foreign  cor-  bodies,  but  no  such  power  is  vested  in  any 
porations  from  transacting  business  alto-  legislature  over  the  Individual  citizen,  or 
•gether,  and  may  limit  corporations,  for-  over  copartnerships  or  voluntary  associa- 
eign  and  domestic,  as  to  the  kind  of  tions  formed  or  organized  by  individual 
business  they  may  transact  in  the  state,  and  citizens  to  do  business. — Bracey  v.  Darst, 
as  to  such  corporations,  it  is  not  a  question  218   Fed.    482. 

"CORPORATE  SECURITIES  ACT." 

ACT  2236 — An  act  providing  for  the  regulation  and  supervision  of  companies,  brokers, 

agents,  and  sales  of  securities  as  the  same  are  therein  defined,  and  to  prevent  fraud 

in  the  sale  of  securities;  providing  for  the  enforcement  of  said  act  and  penalties  for 

the  violation  thereof;  and  creating  a  state  corporation  department  and  the  office  of 

commissioner  of  corporations. 

History:  Approved  May  18,  1917.  In  effect  July  27,  1917.  Stats. 
1917,  p.  673.  Amended  May  2,  1919.  In  effect  July  22,  1919.  Stats. 
1919,  p.  231. 

Title. 

^  1.     This  act  shall  be  known  as  the  "coii3orate  securities  act." 
Words  defined. 

§  2.  Words  used  in  this  act  in  the  present  tense  include  the  future  as  well  as  the 
present;  words  used  in  the  masculine  gender  include  the  feminine  and  neuter,  and  in 
the  neuter,  the  masculine  and  feminine;  the  singular  number  includes  the  plural,  and 
the  plural,  the  singular;  "writing"  includes  "printing"  and  "typewriting";  "oath" 
includes  "aflfirmation";  the  word  "county"  includes  "city  and  county";  and  "terri- 
tory" includes  "district."  The  following  words  have  in  this  act  the  signification 
attached  to  them  in  this  section,  unless  otherwise  apparent  from  the  context. 

1.  The  word  "department"  means  the  "state  corporation  department"  created  by 
this  act. 

2.  The  word  "commissioner"  means  the  "commissioner  of  corporations." 

"Company." 

3.  The  word  "company"  includes  all  domestic  and  foreign,  private  corporations, 
associations,  joint  stock  companies,  and  partnerships,  of  every  kind,  and  also  trustees, 
as  hereinafter  defined;  excepting  therefrom: 

(a)  All  national  banking  associations  and  other  corporations  organized  and  exist- 
ing under  and  by  virtue  of  the  acts  of  the  congress  of  the  United  States; 

(b)  All  public  utilities  subject  to  the  jurisdiction,  control,  and  regulation  of  the 
railroad  commission  of  this  state; 

(c)  All  corporations  now  or  hereafter  organized  under  the  laws  of  this  state  for 
the  purpose  of  conducting  the  business  of  banking  within  this  state  and  all  corpora- 
tions transacting  insurance  business  within  this  state; 

(d)  All  corporations,  associations,  or  societies  transacting  business  under  the  super- 
vision, examination,  and  license  of  the  bureau  of  building  and  loan  supervision;  and 

(e)  Every  corporation  organized  under  the  laws  of  this  state  exclusively  for  the 
purposes  provided  in  any  of  the  following  titles,  to  wit:  XIa,  XII,  Xlla,  XIV,  XXI, 
XXII,  of  Part  IV,  Division  First,  of  the  Civil  Code,  and  in  accordance  with  the  provi- 
sions of  such  titles. 

"Trust." 

4.  The  word  "trust"  as  used  in  this  act  includes  all  voluntary  trusts,  as  the  same 
are  defined  in  the  Civil  Code,  expressly  created  by  or  declared  in  an  instrument  in 
writing,  other  than  a  will  or  a  judicial  writ,  order,  decree,  or  judgment,  to  carry  on 
any  business  or  to  secure  the  payment  or  repayment  of  money. 


I20»  IXVESTMEXT    COMPANIES.  Act  2336 

5.  The  word  "trustee,"  except  as  hereinafter  used  in  subdivision  nine  of  this  sec- 
tion, includes  only  persons  or  companies  executing  trusts  as  hereinbefore  defined. 

"Security." 

6.  The  word  "security"  includes: 

(a)  All  shares  or  other  interests  or  rights  into  which  the  capital,  capital  stock,  or 
property  of  companies  or  rights  of  stockholders  or  members  thereof  are  divided,  includ- 
ing all  treasury  shares  and  shares  of  their  own  capital  stock  purchased  or  otherwise 
acquired  by  companies  upon  delinquent  assessment  sales  or  in  any  other  lawful  manner, 
and  all  certificates  and  other  instruments  issued  by  them  or  their  authority,  evidencing 
or  representing  such  shares,  interests,  or  rights ; 

(b)  All  bonds,  debentures,  and  evidences  of  indebtedness  issued  by  any  company; 
and 

(c)  Any  instrument  issued  or  offered  to  the  public  by  any  company,  evidencing  or 
representing  any  right  to  participate  or  share  in  the  profits  or  earnings  or  the  distribu- 
tion of  assets  of  any  business  carried  on  for  profit;  excepting  therefrom  the  following: 

(1)  Bills  of  exchange  and  promissory  notes  not  offered  to  the  public  by  the  drawer, 
maker,  or  underwriter  thereof,  and  all  mortgages  and  deeds  of  trust  of  property  situ- 
ated in  this  state,  executed  to  secure  the  payment  thereof;  and 

(2)  Any  security  listed  in  any  standard  manual  of  information,  as  to  which  the  com- 
missioner shall  first  make  and  file  his  written  finding  to  the  effect  that  such  security 
is  fully  and  accurately  described  in  such  manual  and  that  a  sale  thereof  will  not,  in 
his  opinion,  work  a  fraud  upon  the  purchaser  thereof;  provided,  that  if  such  finding 
shall  thereafter  be  vacated  or  set  aside,  such  security  shall  not  thereafter  be  deemed 
to  be  included  within  this  exception. 

"Sale." 

7.  A  "sale,"  within  the  meaning  of  this  act,  includes  every  contract  by  which,  for 
a  pecuniary  consideration,  called  a  price,  one  transfers  to  another  an  interest  in  prop- 
erty, and  also  an  exchange,  a  pledge,  a  hypothecation,  and  any  transfer  in  trust  or 
otherwise  as  security  for  the  performance  of  an  obligation,  and  also  any  issue  of  any 
security  by  a  company;  and  the  word  "sell,"  as  used  in  this  act,  includes  every  act  b.v 
which  such  sale  is  made. 

"Agent." 

8.  The  word  "agent"  as  used  in  this  act  means  and  includes  every  person  or  com- 
pany employed  or  appointed  by  a  company  or  a  broker  who  shall,  within  this  state, 
either  as  an  employee  or  otherwise,  for  a  compensation,  sell,  offer  for  sale,  negotiate 
for  the  sale  of,  or  take  subscriptions  for  any  security  of  any  company  of  its  own  issue 
offered  for  sale  by  it. 

"Broker." 

9.  The  word  "broker"  as  used  in  this  act  includes  every  person  or  company,  other 
than  an  agent,  who  shall,  in  this  state,  engage,  either  wholly  or  in  part,  in  the  business 
of  selling,  offering  for  sale,  negotiating  for  the  sale  of,  or  otherwise  dealing,  in  any 
security  or  securities  issued  by  others,  or  of  underwriting  any  issue  of  securities  or  of 
purchasing  such  securities  with  the  purpose  of  reselling  them  or  of  offering  them  for 
sale  to  the  public  for  a  commission  or  at  a  profit;  excepting  therefrom  the  following; 

(a)  Any  owner  of  any  security  who  is  not  the  issuer  or  an  underwriter  thereof,  who 
soils  or  exchanges  the  same  for  his  own  account;  provided,  that  such  sale  or  exchange 
is  not  made  in  the  course  of  repeated  and  successive  transactions  of  like  or  similar 
character  by  him; 


Act  2236, 8  3  GENERAL   LAWS.  1214 

(b)  Any  tinistee  of  a  trust  created  by  or  declared  in  a  will  or  a  judicial  writ,  order, 
decree  or  judgment,  who,  in  such  capacity,  lawfully  disposes  of  any  property; 

(c)  Any  company  transacting  a  banking  or  insurance  business  in  this  state,  selling 
a  security  for  an  owner  thereof  or  a  broker,  other  than  an  underwriter  thereof,  at  a 
commission  of  not  more  than  two  per  cent  of  the  par  or  face  value  thereof;  provided, 
such  sale  is  not  made  in  the  course  of  repeated  and  successive  transactions  of  like  or 
similar  character  by  such  company; 

(d)  One,  not  the  issuer,  who  disposes  of  securities  to  a  broker  or  to  a  purchaser  who, 
as  a  part  of  his  regular  business,  purchases  such  securities; 

(e)  Any  pledge  holder  selling,  in  good  faith  and  not  for  the  purpose  of  avoiding  the 
provisions  of  this  act,  and  in  the  ordinary  course  of  business,  a  security  pledged  with 
him  as  security  for  a  bona  fide  debt. 

"Actual  fraud." 

10.  The  words  "actual  fraud,"  as  used  in  this  act,  are  defined  in  section  one  thou- 
sand five  hundred  seventy-two  of  the  Civil  Code.  [Amendment  of  May  2,  1919.  In 
effect  July  22,  1919.     Stats.  1919,  p.  231.] 

Permit  to  sell  securities.    Application.    Commissioner  appointed  attorney. 

$  3.  No  company  shall  sell,  except  upon  a  sale  for  a  delinquent  assessment  made  in 
accordance  with  the  provisions  of  Article  II  of  Chapter  II  of  Title  I  of  Part  IV  of 
Division  First  of  the  Civil  Code;  or  offer  for  sale,  negotiate  for  sale  of,  or  take  sub- 
scriptions for  any  security  of  its  own  issue  until  it  shall  have  first  applied  for  and 
secured  from  the  commissioner  a  permit  authorizing  it  so  to  do.  Such  application  shall 
be  in  writing,  shall  be  verified  as  provided  in  the  Code  of  Civil  Procedure  for  the  veri- 
fication of  pleadings,  and  shall  be  filed  in  the  office  of  the  commissioner.  In  such  appli- 
cation the  applicant  shall  set  forth  the  names  and  addresses  of  its  officers,  the  location 
of  its  office,  an  itemized  account  of  its  financial  condition,  the  amount  and  character 
of  its  assets  and  liabilities,  a  detailed  statement  of  the  plan  upon  which  it  proposes  to 
transact  business,  a  copy  of  any  security  it  proposes  to  issue,  a  copy  of  any  contract 
it  proposes  to  make  concerning  the  same,  a  copy  of  any  prospectus  or  advertisement,  or 
other  description  of  such  securities,  then  prepared  by  or  for  it  for  distribution  or  pub- 
lication, and  such  additional  information  concerning  the  company,  its  condition  and 
affairs  as  the  commissioner  may  require.  If  the  applicant  is  a  partnership  or  an  unin- 
corporated association  or  joint  stock  company,  it  shall  file  with  its  application  a  copy 
of  its  articles  of  partnership  or  association,  and  all  other  papers  pertaining  to  its 
organization.  If  the  applicant  is  a  trustee,  it  shall  file  with  its  application  a  copy  of 
all  instruments  by  which  the  trust  is  created  and  in  which  it  is  accepted,  acknowledged, 
or  declared.  If  the  applicant  is  a  corporation,  it  shall  file  with  its  application  a  copy 
of  all  minutes  of  any  proceedings  of  its  directors  or  stockholders  or  members  relating 
to  or  affecting  the  issue  of  such  securities,  and  also  a  copy  of  its  articles  of  incorporation 
and  of  its  by-laws  and  of  any  amendments  thereto.  If  the  applicant  is  a  corporation  or 
association  organized  under  the  laws  of  any  other  state,  territory,  or  government,  it 
shall  also  file  with  its  application  a  certificate,  executed  by  the  proper  officer  of  such 
state,  territory,  or  government  not  more  than  thirty  days  before  the  filing  of  such  appli- 
cation, showing  that  such  applicant  is  authorized  to  transact  business  in  such  state, 
territory,  or  government ;  and  also,  in  such  form  as  the  commissioner  may  prescribe,  its 
written  instrument,  irrevocably  appointing  the  commissioner  and  his  successor  in  office 
its  true  and  lawful  attorney  upon  whom  all  process  in  any  action  or  proceeding  against 
it  may  be  served,  with  the  same  effect  as  if  said  corporation  or  association  were  organ- 
ized or  created  under  the  laws  of  this  state  and  had  been  lawfully  served  with  process 
therein. 


1211  INVESTaiElVT    COMPANIES.  Act  2236,  §§  4,  5 

Examination  of  application.    Permit  issued.    Permit  to  sell  security. 

^  4.  Upon  the  filing  of  such  application,  it  shall  be  the  duty  of  the  commissioner  to 
examine  it  and  the  other  papers  and  documents  filed  therewith,  and  he  may,  if  he 
deems  it  advisable,  make  or  have  made  a  detailed  examination,  audit,  and  investigation 
of  the  applicant  and  its  affairs.  If  he  finds  that  the  proposed  plan  of  business  of  the 
applicant  is  not  unfair,  unjust,  or  inequitable,  that  it  intends  to  fairly  and  honestly 
transact  its  business,  and  that  the  securities  that  it  proposes  to  issue  and  the  methods 
to  be  used  by  it  in  issuing  or  disposing  of  them  are  not  such  as,  in  his  opinion,  will 
work  a  fraud  upon  the  purchaser  thereof,  the  commissioner  shall  issue  to  the  applicant 
a  permit  authorizing  it  to  issue  and  dispose  of  securities,  as  therein  provided,  in  this 
state,  in  such  amounts  and  for  such  considerations  and  upon  such  terms  and  conditions 
as  the  commissioner  may  in  said  permit  provide.  Otherwise,  he  shall  deny  the  applica- 
tion and  refuse  such  permit  and  notify  the  applicant  in  writing  of  his  decision.  Every 
permit  shall  recite  in  bold  type  that  the  issuance  thereof  is  permissive  only  and  does 
not  constitute  a  recommendation  or  indorsement  of  the  securities  permitted  to  be  issued. 
The  commissioner  may  impose  such  conditions  as  he  may  deem  necessary  to  the  issue 
of  such  securities,  and  shall  have  the  power  to  establish  such  rules  and  regulations  as 
may  be  reasonable  or  necessary  to  insure  the  disposition  of  the  proceeds  of  such  securi- 
ties in  the  manner  and  for  the  purposes  provided  in  such  permit,  and  may,  from  time 
to  time  for  cause,  amend,  alter,  or  revoke  any  permit  issued  by  him,  or  temporarily  sus- 
pend the  rights  of  the  applicant  under  such  permit. 

Certificate  of  agent  or  broker. 

^  5.  No  person  or  company  shall  act  as  an  agent  or  broker  until  such  person  or 
company  shall  have  first  applied  for  and  secured  from  the  commissioner  a  certificate, 
then  in  effect,  authorizing  such  person  or  company  so  to  do.  Every  such  certificate  shall 
expire  on  the  thirty-first  day  of  December  next  after  its  issuance,  unless  sooner  revoked. 
To  secure  such  certificate,  the  applicant  shall  make  and  file  in  the  office  of  the  commis- 
sioner an  application  therefor  in  writing,  verified  by  or  in  behalf  of  the  applicant.  In 
such  application,  the  applicant  shall  set  forth,  in  addition  to  such  other  information  as 
may  be  required  by  the  commissioner: 

1.  The  name  and  address  of  the  applicant,  and,  if  it  be  a  corporation,  association,  or 
joint  stcok  compan)-^,  the  name  and  address  of  each  of  its  managing  officers  and  agents, 
and,  if  it  be  a  partnership,  the  name  and  address  of  each  of  the  partners ; 

2.  A  succinct  statement  of  facts  showing  that  the  applicant,  and  its  managing  officers 
and  agents,  if  it  be  a  corporation,  or  members,  if  it  be  a  partnership,  have  a  good  busi- 
ness reputation; 

3.  If  the  applicant  is  a  broker,  the  general  plan  and  character  of  the  business  of  the 
applicant. 

Fee. 

For  filing  such  application,  the  applicant  shall  pay  a  fee  as  hereinafter  provided.  If 
the  applicant  is  a  corporation  or  association  organized  under  the  laws  of  any  other 
state,  territory,  or  government,  it  shall  file  with  its  application  a  copy  of  its  articles  of 
incorporation  or  association,  together  with  a  certificate  executed  by  the  proper  officer 
of  such  state,  territory,  or  government  not  more  than  thirty  days  before  the  'filing  of 
such  application,  showing  that  such  applicant  is  authorized  to  transact  business  in  such 
state,  territory,  or  government,  and  also,  in  such  form  as  the  commissioner  may  pre- 
scribe, its  written  instrument,  irrevocably  appointing  the  commissioner  and  his  suc- 
cessor in  office  its  true  and  lawful  attorney  upon  whom  all  process  in  any  action  or 
proceeding  against  it,  arising  out  of  or  founded  upon  the  actual  fraud  of  such  appli- 


Act  2236,  88  C-»  GENERAL,   LAWS.  1212 

cant  in  the  sale  of  securities  within  this  state,  maj'  be  served  with  the  same  effect  as  if 
said  corporation  or  association  were  organized  or  created  under  the  laws  of  this  state 
and  had  been  lawfully  served  with  process  therein. 

Certificate  issued. 

$  6.  The  comnDissioner  shall  examine  such  application,  and  shall  make  such  further 
investigation  of  the  applicant  and  its  affairs  as  he  shall  deem  advisable.  If,  from  such 
examination,  the  commissioner  shall  be  satisfied  of  the  good  business  reputation  of  the 
applicant  and  of  its  officers  or  members,  if  any,  he  shall  issue  such  certificate.  Other- 
wise, he  shall  refuse  the  same  and  deny  the  application  and  notify  the  applicant  of 
his  decision.  The  commissioner  may  at  any  time  revoke  any  broker's  or  agents  certifi- 
cate issued  by  him  if  he  shall  find  that  the  holder  thereof  is  of  bad  business  repute,  or 
has  violated  any  provision  of  this  act,  or  has  engaged,  or  is  about  to  engage  in  any 
fraudulent  transaction. 

Advertisements  submitted  to  commissioner. 

§  7,  No  person,  partnership,  association,  or  corjjoration,  other  than  a  broker  holding 
a  broker's  certificate,  then  in  eft'ect,  shall  issue,  circulate,  or  publish  any  advertisement, 
pamphlet,  prospectus,  or  circular  concerning  any  security,  to  be  issued  by  any  company, 
that  such  person,  partnership,  association,  or  corporation  desires  or  proposes  to  sell, 
until  the  company  proposing  to  issue  such  security  shall  have  first  secured  from  the 
commissioner  a  permit  authorizing  it  to  issue  or  sell  such  security;  nor  shall  any  com- 
pany, broker,  or  agent,  or  any  other  person,  issue,  circulate,  or  publish  anj  advertise- 
ment, pamphlet,  prospectus,  or  circular  concerning  any  security  sold  or  offered  for  salo 
by  it,  unless  the  name  of  the  company,  broker,  agent,  or  person  issuing,  circulating,  or 
publishing  the  same  shall  be  subscribed  thereto,  and  a  true  copy  thereof  shall  have  been 
first  filed  in  the  office  of  the  commissioner,  or  deposited  in  a  United  States  post  office, 
properly  enclosed  in  a  sealed  envelope,  addressed  to  the  commissioner  at  Sacramento, 
California,  with  the  postage  dulj?^  prepaid  thereon;  nor  shall  any  company,  broker,  or 
agent,  or  any  other  person,  issue,  circulate,  or  publish  any  such  advertisement,  pam- 
phlet, prospectus,  or  circular  after  notice  in  writing  given  to  it  by  the  commissioner, 
that,  in  his  opinion,  the  same  contains  any  statement  that  is  false  or  misleading  or 
otherwise  likely  to  deceive  a  reader  thereof. 

Report  by  company  on  sale  of  securities, 

^  8.  Every  comj^any  authorized  by  the  commissioner  to  sell  securities  shall  there- 
after, at  such  times  as  it  may  be  required  by  the  commissioner,  make  and  file  in  the 
office  of  the  commissioner  a  report,  setting  forth,  in  such  form  as  the  commissioner 
may  prescribe,  the  securities  sold  by  it  under  the  authority  of  any  permit  issued  by 
him,  the  proceeds  derived  therefrom,  the  disposition  of  such  proceeds,  and  such  other 
information  concerning  its  property,  officers,  or  affairs,  relating  to  or  affecting  the 
value  of  such  securities,  as  the  commissioner  may  require. 

Statement  by  broker  on  sale  of  securities. 

§  9.  Every  broker  shall,  at  such  times  as  it  may  be  required  by  the  commissioner, 
make  and  file  in  the  office  of  the  commissioner  a  true  and  correct  statement  concerning 
any  security  sold  or  offered  for  sale  by  such  broker,  showing  the  name  and  location  of 
the  principal  office  of  the  issuer  of  such  security;  the  names  of  its  managing  officers, 
if  it  is  a  corporation,  or  of  its  members,  if  it  is  a  partnership;  its  assets,  liabilities,  and 
issued  capital  stock,  at  the  close  of  its  fiscal  year  then  last  ended,  or  at  a  later  date; 
its  gross  income,  expenses,  and  fixed  charges  for  the  year  next  preceding  such  date,  or 
for  such  time  as  such  issuer  of  such  security  has  transacted  business,  if  for  less  than 


f 


1313  INVEST3Hi,ifT    COMPANIES.  Act  2236,  §§  10-14 

one  year,  and  the  approximate  price  at  which  such  broker  has  sold  or  proposes  to  sell 
such  security,  together  with  such  other  information,  of  which  the  broker  may  have 
knowledge,  as  the  commissioner  may  require. 

Papers  open  to  public  inspection. 

$  10.  All  papers,  documents,  reports,  and  other  instruments  in  writing  filed  with 
the  commissioner  under  this  act  shall  be  open  to  public  inspection ;  provided,  that  if,  in 
his  judgment,  the  public  welfare  or  the  welfare  of  any  company,  broker,  or  agent 
demands  that  any  portion  of  such  information  be  not  made  public,  he  may,  in  his  dis- 
cretion, withhold  such  information  from  public  inspection  for  such  time  as  in  his 
judgment  is  necessary.  The  commissioner  may  at  any  time  give,  issue,  or  make  public 
any  information  concerning  any  company  or  any  contracts,  stocks,  bonds,  or  other 
securities  sold  or  offered  for  sale  within  this  state,  if  in  his  judgment  the  giving,  issuing, 
or  publishing  of  the  same  will  be  of  public  interest  or  advantage  or  will  tend  to  prevent 
the  fradulent  sale  of  such  securities. 

Review  of  orders,  etc.,  of  commissioner. 

§  11.  Every  order,  decision,  permit  or  other  official  act  of  the  commissioner  shall 
be  subject  to  review,  in  accordance  with  the  provisions  of  Chapter  I  of  Title  I  of  Part 
III  of  the  Code  of  Civil  Procedure ;  and  any  party  aggrieved  by  any  such  order,  decision, 
or  permit  of  the  commissioner  may  appeal  therefrom  to  the  superior  court  of  the  county 
of  Sacramento,  by  serving  upon  the  commissioner  a  notice  of  such  appeal,  a  demand  in 
writing  for  a  certified  transcript  of  all  the  papers  on  file  in  his  office  affecting  or  relating 
to  such  decision,  and  the  payment  of  the  fee  therefor,  within  sixty  days  after  the  mak 
ing  of  any  such  order,  permit,  or  decision.  Thereupon,  the  commissioner  shall,  within 
ten  days,  make  and  certify  such  transcript,  and  the  appellant  shall,  within  five  days 
thereafter,  file  the  same  and  the  notice  of  appeal  with  the  clerk  of  said  court.  Upon 
the  hearing  of  such  appeal,  the  burden  of  proof  shall  lie  upon  the  appellant,  and  the 
court  shall  receive  and  consider  any  pertinent  evidence,  whether  oral  or  documentary, 
concerning  the  action  of  the  commissioner  from  which  the  appeal  is  taken,  but  shall  be 
limited  to  a  consideration  and  determination  of  the  question  whether  there  has  been 
an  abuse  of  discretion  on  the  part  of  the  commissioner  in  making  such  order,  decision, 
or  permit. 

Securities  void. 

$  12.  Every  security  issued  by  any  company,  without  a  permit  of  the  commissioner 
authorizing  the  same  then  in  effect,  shall  be  void,  and  every  security  issued  by  any 
company,  with  the  authorization  of  the  commissioner  but  not  conforming  in  its  provi- 
sions to  the  provisions,  if  any,  which  it  is  required  by  the  permit  of  the  commissioner 
to  contain,  shall  be  void. 

Penalty  for  company  violating  act. 

$  13.  Every  company  which  shall  directly  or  indirectly  issue  or  cause  to  be  issued 
any  security  contrary  to  the  provisions  of  this  act,  or  of  the  constitution  of  this  state, 
or  in  nonconformity  with  a  permit  of  the  commissioner  authorizing  the  same,  or  which 
applies  the  proceeds  from  the  sale  thereof,  or  any  part  thereof,  to  any  purpose  other 
than  the  purpose  or  purposes,  if  any,  specified  in  such  permit,  or  to  any  purpose  speci- 
fied in  such  permit  in  excess  of  any  amount  limited  in  such  permit  to  be  used  for  such 
purpose,  shall  be  guilty  of  a  public  offense  and  shall  be  punishable  by  a  fine  not  exceed- 
ing ten  thousand  dollars. 

Penalty  for  officers,  etc. 

^  14.  Every  officer,  agent  or  employee  of  any  company,  and  every  other  person,  who 
knowingly  authorizes,  directs,  or  aids  in  the  issue  or  sale  of,  or  issues  or  executes,  or 


Act  2236,  88  15.  16  GENERAL   LAWS. 

sells,  or  causes  or  assists  in  causing  to  be  issued,  executed,  or  sold,  any  security,  in 
nonconformitj'  with  a  permit  of  the  commissioner  then  in  effect  authorizing  such  issue, 
or  contrary  to  the  provisions  of  this  act,  or  of  the  constitution  of  this  state,  or  who,  in 
any  application  to  the  commissioner,  or  in  any  proceeding  before  him,  or  in  any  exam- 
ination, audit,  or  investigation  made  by  him  or  his  authority,  knowingly  makes  any 
false  statement  or  representation,  or  who,  with  knowledge  of  its  falsity,  files  or  causes 
to  be  filed  in  the  office  of  the  commissioner  any  false  statement  or  representation  con- 
cerning such  company  or  the  property  which  it  then  holds  or  proposes  to  acquire,  or 
concerning  its  officers  or  its  financial  condition  or  other  affairs,  or  concerning  its  pro- 
posed plan  of  business,  or  who,  with  knowledge  of  the  falsity  of  any  such  statement 
or  representation,  issues,  executes,  or  sells,  or  causes  to  be  issued,  executed,  or  sold, 
any  security,  without  first  informing  the  commissioner  of  the  falsity  of  such  statement 
in  writing,  or  who,  directly  or  indirectly,  knowingly  applies,  or  causes  or  assists  in 
causing  to  be  applied,  the  proceeds  or  any  part  thereof,  from  the  sale  of  any  security 
to  any  purpose  contrary  to  th<?  provisions  of  the  permit  authorizing  the  issue  of  such 
security,  or  to  any  purpose  specified  in  such  permit  in  excess  of  any  amount  limited  in 
such  permit  to  be  used  for  such  purpose,  or  who,  with  knowledge  that  any  security  has 
been  issued  or  executed  in  violation  of  any  of  the  provisions  of  this  act,  sells  or  offers 
the  same  for  sale,  or  who,  with  knowledge  that  any  advertisement,  pamphlet,  pros- 
pectus, or  circular  concerning  any  security  contains  any  statement  that  is  false  or  mis- 
leading, or  otherwise  likely  to  deceive  a  reader  thereof,  issues,  circulates,  or  publishes 
the  same,  or  shall  cause  the  same  to  be  issued,  circulated,  or  published,  or  who,  in  any 
other  respect  wilfully  violates,  or  fails  to  comply  with  any  of  the  provisions  of  this  act 
or  who,  in  any  other  respect,  wilfully  violates  or  fails,  omits,  or  neglects  to  obey, 
observe,  or  comply  with  any  order,  permit,  decision,  demand,  or  requirement,  or  any 
part  or  provision  thereof  of  the  commissioner  under  the  provisions  of  this  act,  is  guilty 
of  a  public  offense  and  shall  be  punished  by  imprisonment  in  the  state  prison  not  ex- 
ceeding five  years,  or  in  a  county  jail  not  exceeding  two  years,  or  by  a  fine  not  exceed- 
ing five  thousand  dollars,  or  by  both  such  fi.ne  and  imprisonment. 

State  corporation  department  created. 

$  15,  There  is  hereby  created  a  state  corporation  department.  The  chief  officer  of 
such  department  shall  be  the  commissioner  of  corporations.  He  shall  be  appointed  by 
the  governor  and  hold  office  at  the  pleasure  of  the  governor.  He  shall  receive  an  annual 
salary  of  five  thousand  dollars,  to  be  paid  monthly  out  of  the  state  treasury  upon  a 
warrant  of  the  controller.  He  shall  within  fifteen  days  from  the  time  of  notice  of  his 
appointment  take  and  subscribe  to  the  constitutional  oath  of  office  and  file  the  same 
in  the  office  of  the  secretary  of  state  and  execute  to  the  people  of  the  state  a  bond  in 
the  penal  sum  of  ten  thousand  dollars  with  corporate  security  or  two  or  more  sureties, 
to  be  approved  by  the  governor  of  the  state,  for  the  faithful  discharge  of  the  duties  of 
his  office. 

Clerks  and  deputies.    Duty  of  attorney  general 

^  16.  The  commissioner  shall  employ  such  clerks  and  deputies  as  he  may  need  to 
discharge  in  proper  manner  the  duties  imposed  upon  him  by  law.  The  attorney-general 
shall  render  to  the  commissioner  opinions  upon  all  questions  of  law,  relating  to  the 
construction  or  interpretation  of  this  act  or  arising  in  the  administration  thereof,  that 
may  be  submitted  to  him  by  the  commissioner,  and  shall  act  as  the  attorney  for  the 
commissioner  in  all  actions  and  proceedings  brought  by  or  against  him  under  or  pur- 
suant to  any  of  the  provisions  of  this  act.  Neither  the  commissioner  nor  any  of  his 
clerks  or  deputies  shall  be  interested  in  any  company  which  shall  have  applied  for  or 
secured  a  permit  to  sell  securities,  or  in  any  broker,  or  agent  as  a  director,  stockholder 
officer,  member,  agent,  or  emplo^'ee.     Such  clerks  and    deputies    shall    perform    such 


J 


1215  INVESTMENT    COMPANIES.  Act  2236.  e§  17.  IS 

duties  as  the  commissioner  shall  assign  to  them.  He  shall  fix  the  compensation  of  such 
clerks  and  deputies,  which  compensation  shall  be  paid  monthly,  on  the  certificate  of 
the  commissioner  and  on  the  warrant  of  the  controller,  out  of  the  state  treasury.  Each 
deputy  shall,  within  (if teen  days  after  his  appointment,  take  and  subscribe  to  the  con- 
stitutional oath  of  office,  and  file  the  same  in  the  office  of  the  secretary  of  state. 

Powers  of  commissioner. 

$  17.  The  commissioner  shall  at  all  times  have  the  power  to  administer  oaths  and 
to  make  an  examination  or  investigation  of  the  books,  records,  accounts,  and  other 
papers,  and  of  the  business  of  any  company,  broker,  or  agent  permitted  or  authorized 
by  him  to  sell  securities,  to  make  dividends,  to  create  debts,  to  divide,  withdraw,  or  pay 
to  the  stockholders,  or  any  of  them,  any  part  of  its  capital  stock,  or  to  increase  or 
reduce  its  capital  stock.  In  any  examination,  audit,  or  investigation  made  or  hearing 
conducted  by  him,  he  shall  have  the  power  to  take  the  testimony  of  any  witness  and 
to  issue  subpoenas  requiring  the  attendance  upon  such  examination,  audit,  investiga- 
tion, or  hearing  in  any  part  of  the  state  of  witnesses  and  the  production  of  books,  docu- 
ments, and  other  things  under  their  control,  and  in  any  such  case  to  take  or  cause  to 
be  taken  the  deposition  of  any  witness  residing  within  or  without  this  state.  All  of  the 
provisions  of  Chapter  II  of  Title  III  of  Part  IV  of  the  Code  of  Civil  Procedure,  relat- 
ing to  the  means  of  production  of  evidence  out  of  court,  shall  be  applicable  to  any 
examination,  investigation,  or  hearing  under  this  act.  No  person  shall  be  excused  from 
testifying  or  from  producing  any  book,  document,  or  other  thing  under  his  control  upon 
any  such  examination,  audit,  investigation,  or  hearing  upon  the  ground  that  his 
testimony,  or  the  book,  document,  or  other  thing  required  of  kim,  may  tend  to  incrimi- 
nate him,  or  may  have  a  tendency  to  subject  him  to  punishment  for  a  felony,  or  to  a 
penalty  or  forfeiture;  but  no  person  shall  be  prosecuted,  punished,  or  subjected  to  any 
penalty  or  forfeiture  for  or  on  account  of  any  act,  transaction,  matter,  or  thing  concern- 
ing which  he  shall  have  been  so  compelled  to  testify  under  oath,  or  to  produce  such 
documentary  or  other  evidence;  provided,  that  no  person  so  testifying  shall  be  exempt 
from  prosecution  or  punishment  for  perjury  if  committed  by  him  in  his  testimony.  The 
authority  to  make  or  conduct  any  such  examination,  audit,  investigation,  or  hearing, 
including  the  authority  to  administer  oaths,  and  to  subpoena  witnesses  and  take  their 
testimony,  may  be  delegated  by  the  commissioner  to  any  deputy  or  examiner  appointed 
by  him  for  that  purpose.  Such  appointment  shall  be  made  by  an  instrument  in  writing, 
signed  by  the  commissioner  under  his  official  seal,  and  upon  such  examination,  audit, 
investigation,  or  hearing,  the  same  shall  be  produced  by  such  deputy  or  examiner  at 
any  time  upon  demand  therefor. 

Service  of  process. 

^  18.  In  any  action  or  proceeding  commenced  or  prosecuted  in  this  state  against 
any  corporation  or  association  which  shall  have  appointed  the  commissioner  its  attor- 
ney, as  provided  in  section  three  of  this  act,  and  in  any  action  or  proceeding  com- 
menced or  prosecuted  in  this  state,  arising  out  of  or  founded  upon  the  actual  fraud  of 
any  corporation  or  association  which  shall  have  appointed  the  commissioner  its  attor- 
ney, as  provided  in  section  five  of  this  act,  service  of  process  may  be  made  upon  the 
commissioner.  In  any  such  case,  the  commissioner  shall  forthwith  forward  by  mail, 
postage  prepaid,  to  the  person  designated  by  such  corporation  or  association  by  an 
instrument  in  writing  duly  executed  by  it  and  filed  with  the  commissioner,  at  the 
address  stated  in  such  instrument,  or,  if  no  such  designation  has  been  made,  to  the  sec- 
retary of  such  corporation  or  association  at  its  last  known  post-office  address,  a  copy 
of  such  process;  whereupon,  and  upon  the  payment  of  the  fee  herein  provided  for, 
service  of  such  process  ui>on  sucli  company  shall  be  doomed  to  be  complete  and  to  be 
personal  service  upon  such  corporation  or  association,  with  the  same  effect  as  if  said 


Act  2236,  §§  19, 20  GKNERAI,   LAWS.  1216 

corporation  or  association  were  organized  or  incorporated  under  the  laws  of  this  state 
and  had  been  lawfully  served  with  process  therein.  Thd  certificate  of  the  commissioner, 
under  his  official  seal,  of  such  service,  shall  be  competent  and  sufficient  proof  thereof. 

Offices. 

^  19.  The  commissioner  shall  have  his  principal  office  in  the  city  of  Sacramento,  and 
may  establish  branch  offices  in  the  city  and  county  of  San  Francisco  and  in  the  city  of 
Los  Angeles,  and  he  shall  from  time  to  time  obtain  the  necessary  furniture,  stationery, 
fuel,  light,  and  other  proper  conveniences  for  the  transaction  of  the  business  of  the 
department;  the  expenses  of  which  shall  be  paid  out  of  the  state  treasury  on  the  certifi- 
cate of  the  commissioner  and  the  warrant  of  the  controller. 

Fees. 

^  20.     The  commissioner  shall  charge  and  collect  the  following  fees: 

1.  For  filing  any  application  for  a  permit  to  issue  securities,  ten  dollars,  plus — 
One  twentieth  of  one  per  cent  of  the  amount  of  any  excess  of  the  aggregate  value  of 

the  securities  sought  to  be  issued  over  twenty  thousand  dollars  and  not  exceeding  fifty 
thousand  dollars; 

One  twenty-fifth  of  one  per  cent  of  such  amount  in  excess  of  fifty  thousand  dollars 
and  not  exceeding  one  hundred  thousand  dollars; 

One  fiftieth  of  one  per  cent  of  such  amount  in  excess  of  one  hundred  thousand  dollars 
and  not  exceeding  five  hundred  thousand  dollars;  and 

One  one-hundredth  of  one  per  cent  of  such  amount  in  excess  of  five  hundred  thousand 
dollars. 

The  value  of  such  securities  shall  be  deemed  to  be  their  par  or  face  value,  if  they 
have  a  par  or  face  value ;  otherwise,  the  price  at  which  the  company  proposes  to  sell  or 
issue  the  same,  or  the  value,  as  alleged  in  the  application,  of  the  cosideration  (if  other 
than  money)  to  be  received  in  exchange  therefor. 

2.  For  filing  anj'^  application  for  a  permit  or  other  authority  to  make  dividends,  create 
debts,  or  to  divide,  withdraw,  increase,  reduce  or  pay  to  the  stockholders,  or  any  of 
them,  the  capital  stock,  or  any  part  thereof,  the  same  amount  that  would  otherwise  be 
chargeable  or  collectible  if  such  application  were  for  a  permit  to  issue  securities;  pro- 
vided that  in  any  such  case  the  value  shall  be  determined  by  the  amount  of  dividends 
made,  debts  created,  or  capital  stock  divided,  withdrawn,  increased,  reduced,  or  paid. 

3.  For  filing  any  application  for  a  broker's  certificate,  five  dollars. 

4.  For  filing  any  application  for  an  agent's  certificate,  one  dollar. 

5.  For  any  examination,  audit,  or  investigation,  ten  dollars  per  day  or  fraction 
thereof,  if  made  by  the  commissioner,  or  the  actual  amount  of  the  salary  or  other  com- 
pensation, not  exceeding  ten  dollars  per  day,  paid  to  any  deputy  or  other  employee  of 
the  commissioner,  if  made  by  a  deputy  or  other  employee,  for  each  day  or  fraction 
thereof  that  such  commissioner,  deputy,  or  other  employee  shall  necessarily  be  absent 
from  his  office  for  the  purpose  of  making  such  examination,  audit,  or  investigation,  plus 
the  actual  amount  of  traveling  expenses  reasonably  incurred  in  the  performance  of 
such  work. 

6.  For  copies  of  papers  and  records  not  required  to  be  certified  or  otherwise  authen- 
ticated by  the  commissioner,  ten  cents  for  each  folio. 

7.  For  certified  copies  of  official  documents,  orders,  and  other  papers  filed  in  his 
office;  for  making  and  mailing  copies  of  process  served  upon  him  under  the  provisions 
of  section  eighteen  of  this  act,  and  for  transcripts  on  appeal,  fifteen  cents  for  each 
folio  and  one  dollar  for  each  certificate  under  seal  affixed  thereto. 

8.  For  certificate  of  service  and  mailing  of  process  served  upon  the  commissioner 
under  the  provisions  of  section  eighteen  of  this  act,  two  dollars. 

No  fees  shall  be  charged  or  collected  for  copies  of  papers,  records,  or  official  docu- 


1217  INVESTMENT    COMPANIES.  Act  2236,  §§  21-24 

ments  furnished  to  public  oflficers  for  use  in  their  official  capacity  or  for  the  reports  of 
the  commissioner  in  the  ordinary  course  of  distribution;  but  the  conunissioner  may  fix 
a  reasonable  charge  for  publication  issued  under  his  authority. 

"Corporation  commission  fund." 

All  fees  charged  and  collected  under  this  section  shall  be  paid  at  least  once  each 
week,  accompanied  by  a  detailed  statement  thereof,  into  the  treasury  of  the  state  to 
the  credit  of  a  fund  to  be  known  as  the  "corporation  commission  fund,"  which  fund 
is  hereby  created. 

Appropriated  for  use  of  commissioner.    Revolving  fund. 

^  21.  All  moneys  which  shall  be  paid  into  the  state  treasury  and  credited  to  the  "cor- 
poration commission  fund"  are  hereby  appropriated  to  be  used  by  the  commissioner  in 
carrying  out  the  provisions  of  this  act;  and  the  controller  shall  draw  his  warrant  on 
said  fund  from  time  to  time  in  favor  of  the  commissioner  for  the  amounts  expended 
under  his  direction,  and  the  treasurer  shall  pay  the  same.  The  commissioner  may,  with 
the  consent  of  the  board  of  control,  withdraw  from  said  fund  a  sum  not  exceeding  one 
thousand  dollars,  to  be  used  as  a  revolving  fund  where  cash  advances  are  necessary. 
The  commissioner  must  account  for  the  sum  withdrawn  for  said  revolving  fund  at  any 
time  upon  demand  of  the  board  of  control. 

Seal 

^  22.  The  commissioner  shall  adopt  a  seal  bearing  the  following  inscription:  **Com- 
missioner  of  Corporations  State  of  California."  The  seal  shall  be  affixed  to  all  writs, 
orders,  permits,  and  certificates  issued  by  him,  and  to  such  other  instruments  as  he 
shall  direct.    All  courts  shall  take  judicial  notice  of  said  seaL 

Copies  of  orders,  etc. 

ij  23.  The  commissioner  may  execute  in  duplicate  any  order,  finding,  or  permit  issued 
by  him,  and  each  of  such  parts  shall  be  deemed  to  be  an  original.  An  original  of 
every  such  order,  finding,  or  permit  shall  be  retained  and  preserved  by  him  in  his  office. 
Copies  of  all  documents,  orders,  and  permits  made,  executed,  '^r  issued  by  the  commis- 
sioner, and  of  all  papers  filed  in  his  office,  when  certified  by  the  commissioner  under  his 
official  seal,  shall  be  received  in  evidence  in  all  cases  in  like  manner  and  with  the  same 
pff-.ct  as  the  originals.  Any  order  or  permit  issued  by  the  commissioner,  or  a  copy 
thereof  certified  by  the  commissioner  under  his  official  seal,  to  be  a  true  copy  of  the 
original  order  or  permit,  may  be  recorded  in  the  office  of  the  county  recorder  of  the 
county  in  which  is  located  the  principal  place  of  business  of  the  company  affected 
thereb}'  or  in  which  is  situated  any  property  of  such  company,  and  such  record  shall 
impart  notice  of  such  order  or  permit,  and  of  all  its  provisions,  to  all  persons.  A  certifi- 
cate under  the  seal  of  the  commissioner  that  any  such  order  or  permit  has  not  been 
amended,  altered,  revoked,  or  suspended  may  also  be  recorded  in  the  same  offices  and 
with  like  effect. 

Official  reports  prima  facie  evidence. 

^  24.  Every  official  report  made  by  the  commissioner,  and  every  report,  duly  verified, 
made  to  him  by  any  deputy,  clerk,  or  other  person  employed  by  him,  of  any  examination, 
audit,  or  investigation  made  by  him  or  under  his  direction,  and  copies  of  such  reports, 
certified  by  the  commissioner,  shall  be  prima  facie  evidence  of  the  facts  therein  stated 
for  all  purposes  in  any  action  or  proceeding  wherein  any  company,  broker,  agent,  or 
the  commissioner  is  a  party. 
Gen.  Laws — 77 


Act  2236,  es  25-28  GENERAL  LA\%'S.  1218 

Subscription  for  shares  prior  to  incorporation.    Election   of   ofl&cers   prior  to   issuing 

shares. 

J  25.  Neither  this  act  nor  any  provision  hereof  shall  be  deemed  to  prohibit  subscrip- 
tions for  shares  of  a  corporation  made  prior  to  the  incorporation  thereof  and  set  forth 
in  its  articles  of  incorporation;  but  such  subscriptions  shall  be  deemed  to  have  been 
made  and  accepted  upon  the  condition  that  such  coiporation,  when  incorporated,  shall 
with  reasonable  diligence  apply  for  and  secure  from  the  commissioner  a  permit  author- 
izing the  issue  of  the  shares  so  subscribed  for,  in  accordance  with  such  subscriptions. 
The  directors  or  trustees  named  in  the  articles  of  incorporation  may,  prior  to  the  issue 
of  any  shares,  organize  by  the  election  of  a  president,  who  must  be  one  of  their  number, 
a  secretary  and  a  treasurer;  and  such  directors,  or  a  majority  of  them,  or  such  president 
and  secretary  may,  in  the  name  of  and  in  behalf  of  the  corporation,  present  an  applica- 
tion to  the  commissioner  as  herein  provided. 

Acts  continued. 

^  2G.  This  act,  in  so  far  as  it  does  not  add  to,  take  from,  or  alter  an  act  entitled 
"An  act  to  define  investment  companies,  investment  brokers,  and  agents;  to  provide 
for  the  regulation,  supervision  and  licensing  thereof;  to  provide  penalties  for  the  viola- 
tion thereof;  to  create  the  office  of  commissioner  of  corporations,  and  making  an  appro- 
priation therefor,"  approved  May  28,  1913,  as  amended  by  an  act  entitled  "An  act  to 
amend  section  three  of  an  act  entitled  'An  act  to  define  investment  companies,  invest- 
ment brokers,  and  agents;  to  provide  for  the  regulation,  supervision  and  licensing 
thereof;  to  provide  penalties  for  the  violation  thereof;  to  create  the  oflSce  of  commis- 
sioner of  cori^orations,  and  making  an  appropriation  therefor,'  approved  May  28, 
]  913, ' '  approved  June  3,  1915,  shall  be  construed  as  a  continuation  thereof. 

Decisions,  etc.,  continued  in  force. 

All  decisions,  orders,  rules,  findings,  certificates,  or  permits  heretofore  made  or 
issued,  and  acts  done  by  the  commissioner,  shall  continue  in  force  and  have  the  same 
effect  as  if  they  had  been  lawfully  made,  issued,  or  done  under  the  provisions  of 
this  act. 

Appeals  not  affected.  Examination,  etc.,  continued  to  final  determination. 

This  act  shall  not  affect  any  appeal  pending  from  any  decision  of  the  commissioner, 
or  any  proceeding  to  which  he,  in  his  official  capacity,  is  a  party;  but  the  same  may  be 
prosecuted  or  defended  with  the  same  effect  as  if  this  act  had  not  been  passed.  Any 
examination,  audit,  or  investigation  undertaken,  commenced,  or  prosecuted  prior  to  the 
taking  effect  of  this  act  may  be  conducted  to  a  final  determination  in  the  same  manner 
and  with  the  same  effect  as  if  it  had  been  undertaken,  commenced,  or  prosecuted  under 
the  provisions  of  this  act,  and  in  the  manner  herein  provided.  No  action  or  proceeding, 
either  civil  or  criminal,  or  cause  of  action  arising  under  any  law  of  this  state  shall 
abate  by  reason  of  the  passage  of  this  act,  but  actions  or  proceedings  may  be  com- 
menced and  prosecuted  upon  such  causes  in  the  same  manner  and  with  the  same  effect 
as  if  this  act  had  not  been  passed. 

Foreign  and  interstate  commerce. 

$  27.  Neither  this  act  nor  any  provision  hereof  shall  apply  to  or  be  construed  as  a 
regulation  of  commerce  with  foreign  nations  or  among  the  several  states,  except  in  so 
far  as  the  same  may  be  permitted  under  the  provisions  of  the  constitution  and  the  acts 
of  the  congress  of  the  United  States. 

Constitutionality. 

^  28.  If  any  section,  subsection,  sentence,  clause,  or  phrase  of  this  act  is  for  any 
reason  held  to  be  unconstitutional,  such  decision  shall  act  affect  the  validity  of  the 


1219  INYO   COrNTT.  Act  2243 

remaining  portions  of  this  act.  The  legislature  hereby  declares  that  it  would  have 
passed  this  act,  and  each  section,  subsection,  sentence,  clause,  and  phrase  thereof  irre- 
spective of  the  fact  that  any  one  or  more  other  sections,  subsections,  sentences,  clauses, 
or  phrases  be  declared  unconstitutionaL 

Repealed. 

$  29.    All  acts  and  parts  of  acts  inconsistent  with  the  provisions   of   this   act   are 
hereby  repealed. 

CHAPTER  169. 

INYO  COUNTY. 

References:    Boundaries,  see  Kerr's  Cyc.  Political  Code,  §  3922. 

County  government,  see  Kerr's  Cyc.  Political  Code,  §§  4000,  et  seq. 

Fees,  salaries,  etc.,  see  Kerr's  Cyc.  Political  Code,  §§  4276,  4287,  et  seq. 

Highways,  see  Kerr's  Cyc.  Political  Code,  §§  2618,  et  seq. 

Notaries  public,  see  Kerr's  Cyc.  Political  Code,  §§  791-793. 

School  funds,  apportionment  of,  see  Kerr's  Cyc.  Political  Code,  §  1858. 

School  teachers,  see  Kerr's  Cyc.  Political  Code,  §  1696. 

CONTENTS  OF  CHAPTER. 

ACT  2242.     Trespassing  Animals. 

TRESPASSING  ANIMALS. 

ACT  2242 — An  act  to  protect  growing  crops  growing  in  the  county  of  Inyo. 
History:     Approved  March  28,  1872,  Stats.  1871-72,  p.  668. 

This   act    extended   the   provisions   of    the  repealed  by  the  general  estray  law  of  1897; 

act  of  1872  to  Inyo  county. — See  Act  5245.  but    see    editor's    note    to    chapter    on    "Es- 

Code   commissioners'  comment:    The    code  trays." 
commissioners  say   of  this  act   that  it  was 

CHAPTER  170. 

IRRIGATION  AND  IRRIGATION  DISTRICTS. 

References:  Bonds  of  irrigation  districts,  investments  in  by  banks.  Insurance  com- 
panies, trust  companies,  etc.,  see  Kerr's  Cyc.  Political  Code,  §  3480. 

Bonds  of  irrigation  districts,  legal  investment  for  mortgage  insurance  companies, 
see  Kerr's  Cyc.  Civil  Code,  §  453ee. 

Bonds  of  irrigation  districts,  investment  in  of  funds  of  insurance  companies,  see 
Kerr's  Cyc.  Civil  Code,  §  421. 

Irrigation  flumes,  rights  and  liabilities  of  owners  in  common,  see  Kerr's  Cyc.  Civil 
Code,  §§  842,  843. 

Irrigation  canals,  obstruction  of  public  highways  by,  see  Kerr's  Cyc.  Civil  Code, 
§551. 

Malicious  injury  to  works,  see  Kerr's  Cyc.  Penal  Code,  §§  592,  607. 

Water  rights,  acquisition  of,  see  Kerr's  Cyc.  Civil  Code,  §§  1410,  et  seq. 

Water  and  canal  corporations,  see  Kerr's  Cyc.  Civil  Code,  §§  548,  et  seq. 

See,  generally,  tits.,  "Canals";  "Drainage  Districts";  "Conservation";  "Levee  Dis- 
tricts"; "Reclamation  Districts";  "Storm  Water  Districts";  "Water  Commis- 
sion";  "Water  Companies";    "Water  Districts";    "Waters." 

CONTENTS  OF  CHAPTER. 

ACT  2258.     Irrigation  District  Act  of  1872. 
2259.     "Wright  Act." 

2266.     "California  Irrigation  District  Act" — "Bridgeford  Act." 
2266a.  Irrigation  Districts  of  Over  500,000  Acres. 
2266b.  "The  California  Irrigation  Act"  of  1919. 
2266c.  District  Co-operation  With  Federal  Reclamation  Seevick. 
2266d.  Contracts  With  Federal  Reclamation  Service. 
22666.  Defining  ' '  Private  Irrigation  Plant.  ' ' 

2266f.  District  Co-operation  With  Adjoining  Districts  ln  Otheb  SiAtiau 
2266g.  Drainage  by  Irrigation  Districts. 
2266h.  Development  of  Electric  Power. 


Act  2258 


geive:ral  laws. 


1220 


2266J. 

2267. 

2267a. 

2267b. 

2267c. 

2267d. 

2268. 

2268a. 

2268b. 

2271. 

2272. 

2273. 

2274. 

2275. 

2276. 

2278. 

2279. 

2280. 

2280a. 

2281. 

2282. 

2283. 

2284. 

2285. 

2285a. 

2285b. 

2286. 
2287. 
2288. 

2289. 

2290. 

2291. 

2292. 

2293. 

2294. 

2294a. 

2294b. 

2294c. 

2294(1. 

2294e. 

2294f. 

2294g. 


Assessment  of  State  Land. 

County  Irrigation  Districts. 

Validation  of  County  Irrigation  Districts. 

' '  County  Power  Pumping  District  Act.  ' ' 

Dissolution  of  Irrigation  Districts  Act  of  1919. 

Dissolution  of  Irrigation  Districts  Act  of  1903. 

Funding  Act  of  1897. 

Legalizing  Irrigation  Bonds. 

Refunding  Act  of  1919. 

Irrigation  Bonds  as  Legal  Investments. 

Payment  of  Assessments  in  Installments. 

Release  of  Liens  Upon  Cancellation  of  Bonds  Voluntartlt  Sueeendeksd. 

Redemption  of  Property  Sold  for  Delinquent  AasEasMJiNTS. 

Leasing  Water  for  Power  Development. 

Contracts  for  Water  for  Irrigation. 

Declaring  Irrigation  a  Public  Use. 

'Oakdale  Irrigation  District" — Validation. 

'West  Side  Irrigation  District." 

'West  Side  Irrigation  District" — Validation. 

'  Modesto  Irrigation  District.  ' ' 

'Modesto  Irrigation  District" — Validation. 

'  TuRLOCK  Irrigation  District  ' ' — Validation. 

'South  San  Joaquin  Irrigation  District  "^Validation. 

'  Imperial  Irrigation  District  ' ' — Validation. 

'  Imperial  Irrigation  District  ' ' — Legalizing  Bonds. 

'Imperial  Irrigation  District" — Purchase  of  Bonds  of  Califoenia  Develop- 
ment Company. 

'San  Ysidro  Irrigation  District" — Validation. 

'  Anderson-Cottonwood   Irrigation   District  ' ' — Validation. 

'La  Mesa,  Lemon  Grove,  and  Spring  Valley  Irrigation  District" — Valida- 
tion. 

'  Waterford  Irrigation  District" — Validation. 

'Carmichael  Irrigation  District" — Validation. 

'  Happy  Valley  Irrigation  District  ' ' — Validation. 

'  Paradise   Irrigation  District  ' ' — Validation. 

'Stratford  Irrigation  District" — Validation. 

'  Terra  Bella  Irrigation  District  ' ' — Validation. 

'  Lindsay-Strathmore  Irrigation  District  ' ' — Validation. 

'Baxter  Creek  Irrigation  District" — Validation. 

' Princeton-Codora-Glenn  Irrigation  District" — Vaudation. 

'Red  Rock  Creek  Irrigation  District" — Validation. 

'  Tranquillity  Irrigation  District  ' ' — Validation. 

'Fair  Oaks  Irrigation  District" — Validation. 

'Jacinto  Irrigation  District" — Validation. 


IRRIGATION  DISTRICT  ACT  OF  1872. 

ACT  2258 — An  act  to  promote  irrigation. 

History:     Approved  April  1,  1872,  Stats.  1871-72,  p.  945. 

Code  commissioners'  note:    "Seems  neces-  ing  or  modifying  the  provisfona  of  any  act 

sarily    inconsistent    witli     the    Wright    act,  relating  to  irrigation  or  water  commission- 

1887,   p.   29,  chapter  XXXIV   [Act   2259],   but  ers;  also,  with  statute  of  1897,  p.  254,  which 

that  statute,   in   §  46,   declares   that  none  of  also    contains    same    reservations   as    to    its 

Its  provisions  shall  be  construed  as  repeal-  repealing  effect." 


1221 


IRRIGATION  AND  IRRIGATION  DISTRICTS. 


Act  2259 


'WRIGHT  ACT." 
ACT  2259— An  act  to  provide  for  the  organization  and  government  of  irrigation  dis- 
tricts, and  to  provide  for  the  acquisition  of  water  and  other  property,  and  for  the  dis- 
tribution of  water  for  irrigation  purposes. 

History:  Approved  March  7,  1887,  Stats.  1887,  p.  29.  Amended  (1) 
February  16,  1889,  Stats.  1889,  p.  15;  (2)  March  20.  1891,  Stats.  1891, 
p.  142;  (3)  March  20,  1891,  Stats.  1891,  p.  147;  (4)  March  31,  1891, 
Stats.  1891,  p.  244;  (5)  March  11,  1893,  Stats.  1893,  p.  175;  (6)  March  25, 
1893,  Stats.  1893,  p.  516;  (7)  March  31,  1897,  Stats.  1897,  p.  240.  Supple- 
mented (1)  February  16,  1889,  Stats.  1889,  p.  18;  (2)  February  16, 
1889,  Stats.  1889,  p.  21;  (3)  March  16,  1889,  Stats.  1889,  p.  212;  (4) 
March  23,  1893,  Stats.  1893,  p.  276;  (5)  March  25,  1893,  Stats.  1893, 
p.  520;  (6)  March  26,  1895,  Stats.  1895,  p.  127;  (7)  April  1,  1897,  Stats. 
1897,  p.  394.  This  act,  as  well  as  all  amendatory  and  supplemental 
acts,  except  the  supplementary  act  of  1897  (Act  2268),  were  repealed 
as  to  inconsistent  provisions  by  the  act  of  1897  (Act  2266). 


I.  CONSTITUTIONALITY. 

1.  Wright      act      is      constitutional. — The 

Wright  act  is  not  violative  of  either  the 
constitution  of  the  United  States  or  of  the 
state  of  California. — In  re  Central  Irr.  Dist., 
117  Cal.  382,  49  Pac.  354. 

la.  Same. — The  act  is  constitutional  and 
the  districts  are  public  corporations. — 
Crall  V.  Poso  Irr.  Dist.,  87  Cal.  140,  26  Pac. 
797. 

2.  Same — "Due  process." — If  the  land- 
owner is  allowed  a  hearing  before  the  as- 
sessment becomes  final  the  creation  of  the 
lien  is  not  a  taking  of  property  without 
due  process  of  law. — In  re  Madera  Irr.  Dist., 
92  Cal.  296,  27  Am.  St.  Rep.  106,  14  L.  R.  A. 
755,    28    Pac.    272,    675. 

2a.  Same — Same. — The  act  violates  due 
process  and  can  not  be  sustained  under  the 
power  of  assessment  for  local  improvements, 
where  the  supervisors  are  given  no  power 
of  adjudicating  the  merits  and  the  land- 
owners given  no  opportunity  to  contest  the 
validity  of  the  petition,  or  the  proceed- 
ings thereunder  the  proposed  result  of 
which  is  the  taking  of  private  property. — 
Bradley  v.  Fallbrook,  etc.,  Dist.,  68  Fed. 
948. 

2b.  Same — Adjudication  by  supervisors — 
Opportunity  of  landowners  to  contest. — 
The  fatal  defect  in  the  foundation  of  the 
proceedings  under  the  act  arising  from 
failure  to  give  the  supervisors  the  power 
of  adjudicating  the  merits  of  the  petition 
and  the  landowners  an  opportunity  to  con- 
test its  validity,  is  not  cured  by  the  pro- 
vision allowing  the  landowner  to  be  heard 
as  to  valuation,  or  by  the  confirmation  act 
^Stats.  1889,  p.  212)  in  which  the  super- 
visors are  authorized  to  institute  special 
proceedings  to  determine  the  validity  of 
the  proceedings. — Bradley  v.  Fallbrook, 
etc.,   Dist.,    68   Fed.   948. 

3.  Same — Not  special  legislation. — Sec- 
tion 32  of  the  Wright  act  is  not  special 
legislation  and  is  constitutional. — Escondido 
High  School  V.  Escondido  Seminary,  130 
Cal.   128,    62   Pac.   401. 

4.  Sanie — Organization  and  government 
of  districts — Condemnation  of  private  prop- 
erty.— The  provisions  as  to  organization 
and  government  of  districts,  and  the  pro- 
visions   as    to    the    condemnation    of    private 


property,  etc.,  are  constitutional. — Turlock 
Irr.  Dist.  v.  Williams,  76  Cal.  360,  18  Pac. 
379. 

4a.  Same — Taking  of  private  property 
for  private  use. — The  taking  of  private 
property  in  irrigation  districts  under  this 
act  for  the  purpose  of  furnishing  water  to 
the  landowners  alone,  and  not  for  general 
use  of  all  inhabitants  of  the  district  on 
equal  terms  is  not  a  taking  for  a  public 
use  such  as  to  justify  the  exercise  of  emi- 
nent domain. — Bradley  v.  Fallbrook,  etc., 
Co.,   68  Fed.  948. 

5.  Same — Same. — The  Wright  act  is  con- 
stitutional, within  the  enacting  power  of 
the  legislature  and  its  provisions  as  to  the 
organization  of  districts,  and  the  making 
of  assessments  are  valid. — In  re  Madera  Irr. 
Dist.,  92  Cal.  296,  27  Am.  St.  Rep.  106,  14 
L.  R.   A.  755,   28  Pac.   272,   675. 

5a.  Same — Upheld  in  vie-w  of  California 
decisions.  —  The  supreme  court  of  the 
United  States  will  not  hold  the  Wright 
act  unconstitutional  in  view  of  the  re^ 
peated  decisions  of  the  supreme  court  of 
California  upholding  that  act. — Fallbrook- 
etc.,  Dist.  v.  Bradley,  164  U.  S.  112,  41 
L.  ed.   369,  17  Sup.  Ct.  56. 

5b.  Same — Decisions  of  state  courts. — 
Decisions  of  state  courts  that  state  legis- 
lation on  the  subject  of  irrigation  dis- 
tricts violates  the  federal  constitution  are 
entitled  to  great  respect,  but  do  not  re- 
lieve the  federal  courts  from  the  duty  of 
exercising  an  independent  judgment  with 
reference  to  the  subject. — Bradley  v.  Fall- 
brook,  etc.,  Dist.,   68  Fed.   948. 

5c.  Same— Fourteenth  amendment. — The 
Wright  act  does  not  violate  any  of  the 
rights  guaranteed  by  the  fourteenth  amend- 
ment to  the  federal  constitution. — Fall- 
brook, etc.,  Dist.  V.  Bradley,  164  U.  S.  112, 
41    L.    ed.    309,    17    Sup.    Ct.    56. 

6.  Same — Subdivision  7,  section  30. — Sub- 
division 7  of  section  30  of  the  Wright  act 
may  be  reasonably  construed  as  referring 
to  proceedings  other  than  those  as  to  which 
the  tax  deed  is  prima  facie  evidence,  and 
so  construed  it  is  constitutiona,l  and  valid. 
Escondido  High  School  v.  Escondido  Semi- 
nary, 130  Cal.   128,   62  Pac.   401. 

7.  Same — Po^ver  to  hypothecate  properly 
as   additional  security   for  lio-nU.s. — The   i)i-o- 


Act  2258 


GENERAL   LAWS. 


1222 


vision  of  section  17  of  the  Wright  act, 
which  purports  to  authorize  the  directors 
of  an  irrigation  district  to  pledge  the  prop- 
erty of  the  district  by  mortgage,  deed  of 
trust,  or  otherwise,  as  additional  security 
for  the  payment  of  its  bonds,  is  unconsti- 
tutional and  Invalid. — Merchants,  etc..  Bank 
V.  Bscondldo  Irr.  Dist.,  144  Cal.  329,  77  Pac. 
937. 

8.  Same — Section  IS,  article  XI,  of  the 
conMtltution,  does  not  apply. — The  provision 
of  section  18,  article  XI,  of  the  constitution, 
requiring  a  two-thirds  vote  to  authorize 
an  indebtedness  of  a  public  corporation  does 
not  apply  to  irrigation  districts,  and  the 
Wright  act  Is  not  obnoxious  to  that  pro- 
vision.— In  re  Madera  Irr.  Dist.,  92  Cal. 
296,  27  Am.  St.  Rep.  106,  14  L.  R.  A.  755,  28 
Pac.  272,  675. 

0.  Conflrmatory  act  of  1889  is  constitn- 
tional  and  valid. — The  confirmatory  act  of 
1889  (Stats.  1889,  p.  212)  is  constitutional 
and  valid. — People  v.  Linda  Vista  Irr.  Dist., 
128  Cal.   477,  61  Pac.  86. 

10.  Same — Determination  of  rights  of 
property  in  advance  of  controversy. — The 
supplemental  act  of  1889  (Stats.  1889,  p. 
212)  is  not  unconstitutional  on  the  ground 
that  it  authorizes  a  court  to  hear  and  deter- 
mine what  will  be  the  rights  of  the  parties 
interested  in  the  bonds,  in  advance  of  any 
controversy  as  to  such  rights. — Cullen  v. 
Glendora  Water  Co.,  113  Cal.  503,  39  Pac. 
769,    45    Pac.    822,    1047. 

11.  Act  of  1889 — Provision  as  to  nevr 
trials,  unconstitutional. — The  unconstitu- 
tionality of  the  provision  of  the  supple- 
mental act  of  1889  (Stats.  1889,  p.  212)  re- 
lating to  motions  for  new  trial  does  not 
affect  the  other  provisions  of  the  act  so  far 
as  they  apply  to  a  class  of  special  proceed- 
ings distinguished  from  all  other  classes 
by  attributes  which  reasonably  require  the 
peculiarities  of  practice  provided. — Cullen 
V.  Glendora  Water  Co.,  113  Cal.  503,  39  Pac. 
769,   45   Pac.   822,   1047. 

11a.  Sante — No  longer  federal  question 
— Removal  of  cause. — The  Wright  act  has 
been  adjudged  constitutional  by  the  su- 
preme court  of  the  United  States,  and  its 
constitutionality  is  no  longer  a  federal 
question  authorizing  the  removal  of  'a 
cause  raising  the  question  of  such  con- 
stitutionality to  the  federal  court. — Peo- 
ple V.  Brown  Valley,  etc.,  Dist.,  119  Fed. 
535. 

II.    QUASI    PUBLIC    CORPORATION. 

12.  Nature  of  irrigation  district. — An  Ir- 
rigation district  organized  under  this  act  Is 
a  quasi  public  corporation,  in  that  they  are 
organized  for  a  public  use  and  for  a  public 
purpose,  and  for  the  general  public  benefit. 
Turlock  Irr.  Dist.  v.  Williams,  76  Cal.  360, 
18   Pac.   379. 

13.  Same. — Irrigation  districts  are  pub- 
lic corporations. — Central  Irr.  Dist.  v.  De 
Lappe,   79   Cal.   357,    21   Pac.   825. 

14.  Same. — An  irrigation  district  organ- 
ized under  the  Wright  act  is  a  public  cor- 
poration and  its  officers  are  state  officers. — 
In  re  Madera  Irr.  Dist.,  92  Cal.  296,  27  Am. 
St.  Rep.  106,  14  L.  R.  A.  755,  28  Pac.  272,  675. 


15.  Same. — An  Irrigation  district  Is  a 
public  corporation  and  its  officers  are  pub- 
lic officers. — Boehmer  v.  Big  Rock  Irr. 
Dist.,  117  Cal.  19,  49  Pac.  908;  Perry  v.  Otay 
Irr.   Dist.,   127   Cal.   565,   60   Pac.   40. 

16.  Same — Can  not  be  dissolved  by  Ju- 
dicial action,  in  absence  of  statutory  au- 
thority.— An  Irrigation  district  organized 
under  the  Wright  act  Is  a  public  corpora- 
tion, and  can  not  be  dissolved  by  the  court 
on  the  ground  of  misuser  in  the  absence  of 
a  statute  conferring  the  power  to  dissolve 
It  on  that  ground. — People  v.  Selma  Irr. 
Dist.,   98  Cal.  206,  32  Pac.  1047. 

17.  Same — Povrer  to  sell  lands  unneces- 
sary to  scheme. — An  irrigation  district  or- 
ganized under  the  Wright  act  is  a  public 
corporation  and  acquires  title  to  all  the 
property  purchased  for  the  district  or  vest- 
ing in  it  by  operation  of  law,  in  trust  for 
the  purposes  set  forth  in  the  act,  and  where 
some  of  such  lands  have  become  unneces- 
sary to  the  irrigation  scheme,  because  of 
a  change  in  the  plans,  the  district  has  no 
power  to  sell  such  lands,  and  they  are  ex- 
empt from  execution,  levy  and  sale,  equally 
with  the  other  lands  of  the  district. — Tulare 
Irr.  Dist.  v.  Collins,  154  Cal.  440,  97  Pac. 
1124. 

18.  Same — Record  of  boundaries  con- 
structive notice. — Upon  its  organization  an 
Irrigation  district  under  the  Wright  act 
became  prima  facie  a  quasi  municipal  cor- 
poration, with  defined  boundaries  estab- 
lished and  recorded,  and  the  record  thereof 
constituted  constructive  notice  of  Its 
boundaries. — Fogg  v.  Perrls  Irr.  Dist.,  154 
Cal.  209,  97  Pac.  316;  People  v.  Perris  Irr. 
Dist.,   154   Cal.   209,    97  Pac.   316. 

III.  PROCEDURE. 
ISa.  Construction. — The  proceedings  for 
the  formation  of  irrigation  districts  under 
the  act  are  to  be  liberally  construed  to  ef- 
fect their  purpose. — Central  Irr.  Dist.  v. 
De  Lappe,  79  Cal.   351.  21   Pac.  825. 

a.     Petition. 

19.  Who  may  be  signers — Ovrners  of 
agricultural  lands. — Signers  of  a  petition  to 
form  an  irrigation  district  under  the  Wright 
act  must  be  bona  fide  owners  of  agricul- 
tural lands,  and  owners  of  town  lots  are 
not  qualified  to  sign  the  petition. — In  re 
Central  Irr.  Dist.,  117  Cal.  382,  49  Pac.  354. 

20.  Same — Full  proprietorship  and  do- 
minion.— An  owner  within  the  meaning  of 
the  Wright  act  in  fixing  the  qualifications 
of  tiiose  who  may  sign  a  petition  for  the 
organization  of  an  irrigation  district  under 
that  act,  is  one  who  has  full  proprietorship 
and  dominion  over  land  in  the  district  pro- 
posed to  be  organized. — Fallbrook  Irr.  Dist. 
V.  Abila,   106  Cal.    355,   39   Pac.   794. 

21.  Same— Otvners  of  residence  lots  In 
toTrns  and  cities. — Whether  the  owners  of 
small  residence  lots  in  towns  and  cities,  and 
several  tenants  in  common,  are  qualified  to 
sign  a  petition  to  organize  an  irrigation 
district,  considered  but  not  decided. — Fall- 
brook  Irr.  Dist.  v.  Abila,  106  Cal.  355,  39 
Pac.  794. 

22.  Same — Married    tvoiiiuii    oxxiiiiig    com- 


1223 


IRRIGATION  AND  IRRIGATION  DISTRICTS. 


Act  2259 


mnnitr  property. — A  married  woman  Is  not 
qualified  to  sign  a  petition  to  organize  an 
irrigation  district  under  the  Wriglit  act,  as 
the  owner  of  community  property. — Fall- 
brook  Irr.  DIst.  V.  Abila,  106  Cal.  355,  39 
Pac.   794. 

23.  Same — Holder  of  mere  certificate  of 
purchase  of  school  land. — A  holder  of  a 
mere  certificate  of  purchase  of  school  land, 
on  which  he  has  paid  twenty  per  cent  of 
the  purchase  price  is  not  qualified,  as  a 
freeholder,  to  sign  a  petition  for  the  or- 
ganization of  an  irrigation  district  under 
the  Wright  act. — Fallbrook  Irr.  Dist.  v. 
Abila,  106  Cal.  355,  39  Pac.  794. 

23a.  "Where  signers  are  not  bona  fide 
owners. — "Where  a  majority  of  those  who 
signed  the  petition  for  the  formation  of  an 
irrigation  district  under  the  Wright  act 
were  not  bona  fide  freeholders  in  the  dis- 
trict, but  only  temporarily  so  for  the  pur- 
pose of  signing  and  presenting  the  petition, 
that  fact  would  be  sufficient  to  declare  the 
organization  invalid  in  a  confirmatory  pro- 
ceeding, but  would  not  render  the  organi- 
zation of  the  district  void,  but  only  void- 
able, and  the  court  would  not  be  deprived 
of  jurisdiction  to  render  a  confirmatory  de- 
cree, nor  would  it  be  sufficient  to  set  aside 
the  confirmatory  decree. — Fogg  v.  Perris 
Irr.  Dist.,  154  Cal.  209,  97  Pac.  316;  People 
V.  Perris  Irr.  Dist.,  154  Cal.  209,  97  Pac.  316. 

23b.  Where  petition  signed  by  less  than 
required  number  of  qualified  signers.^ 
Where  a  petition  to  organize  an  irrigation 
district  under  the  Wright  act  was  signed  by 
only  fifty-one  persons,  if  any  two  of  such 
persons  were  not  qualified,  a  motion  grant- 
ing a  new  trial  of  a  proceeding  under  the 
confirmatory  act  confirming  such  organiza- 
tion must  be  approved  on  appeal. — Fall- 
brook  Irrigation  Dist.  v.  Abila,  106  Cal. 
355,  39  Pac.  794. 

b.    Boundaries. 

24.  Sufficiency  —  Definiteness.  —  The 
boundaries  of  the  proposed  district  need 
not  be  set  forth  in  the  petition  with  greater 
particularity  than  is  required  for  the  crea- 
tion of  a  political  district  or  a  municipal 
corporation,  and  if  the  boundaries  as  given 
are  not  too  indefinite  to  be  capable  of  lo- 
cation, and  do  not  fail  to  embrace  a  definite 
and  distinct  territory,  the  supervisors  ac- 
quire jurisdiction. — In  re  Madera  Irr.  Dist., 
92  Cal.  296,  27  Am.  St.  Rep.  106,  14  L.  R.  A. 
755,  28  Pac.  272,  675. 

25.  Same  —  Same.  —  If  the  landmarks 
called  for  in  the  petition  can  be  found  on 
the  ground  the  description  Is  sufficiently 
definite,  in  the  absence  of  evidence  that  such 
landmarks  can  not  be  found,  and  if  it  does 
not  appear  that  the  description  In  the 
order  calling  the  election  varies  from  or  Is 
less  definite  than  that  in  the  petition. — 
Cullen  V.  Glendora  Water  Co.,  113  Cal.  503, 
39    Pac.    769,    45   Pac.    822,   1047. 

26.  Same. — A  description  of  the  bound- 
aries of  the  district  by  metes  and  bounds, 
which  would  be  sufficient  in  a  deed,  is 
sufficient  in  an  order  establishing  the 
boundaries. — Central  Irr.  Dist.  v.  De  Lappe, 
79  Cal.   351,   21   Pac.    825. 


27.  Public  land  situated  within  bound- 
aries, non-assessable. — The  public  lands 
of  the  United  States  situated  within  the 
exterior  boundaries  of  an  irrigation  dis- 
trict is  not  a  part  of  the  district,  subject 
to  assessment  for  its  proportion  of  the  lia- 
bilities of  the  district,  and  neither  the 
state  nor  its  agencies  can  impose  a  tax, 
assessment  or  liability  upon  it,  and  so  long 
as  it  remains  public  land  no  liability  can 
be  created  by  the  state  or  district  against 
it. — Nevada  National  Bank  v.  Poso  Irr. 
Dist.,  140  Cal.  344,  73  Pac.  1056. 

28.  Incorporation  of  public  land  does 
not  invalidate  organization. — The  incor- 
poration of  public  land  in  an  irrigation 
district  organized  under  the  Wright  act 
does  not  render  the  organization  invalid. — 
Cullen  V.  Glendora  Water  Co.,  113  Cal.  506, 
39    Pac.   769,    45   Pac.   822,    1047. 

29.  City  or  town  may  be  Included. — An 
irrigation  district  organized  under  this  act 
may  include  a  city  or  town. — Board  of  Di- 
rectors V.  Tregea,  88  Cal.  334,   26  Pac.   237. 

30.  Inclusion  of  city  or  town  does  not 
invalidate  organization. — The  inclusion  of 
a  municipal  corporation  in  an  irrigation 
district  organized  under  the  Wright  act 
does  not  invalidate  the  organization. — In 
re  Madera  Irr.  Dist.,  92  Cal.  296,  27  Am. 
St.  Rep.  106,  14  Li.  R.  A.  755,  28  Pac.  272, 
675. 

31.  Board  may  make  changes — Inclusion 
of  lands  does  not  invalidate  organization. 
— The  board  is  empowered  by  section  2  of 
the  act  to  make  such  changes  in  the 
boundaries  as  they  think  proper,  and  where 
they  include  lands  upon  the  application  of 
owners,  not  made  in  writing,  the  organiza- 
tion of  the  district  is  not  invalidated. — 
Central  Irr.  Dist.  v.  De  Lappe,  79  Cal.  351, 
21   Pac.   825. 

32.  Same — Exclusion  does  not  invalidate 
organization,  even  though  excluded  lands 
may  be  susceptible  of  cultivation. — The  ex- 
clusion of  lands  by  the  board,  although 
they  may  be  susceptible  of  irrigation  does 
not  invalidate  the  organization,  although 
in  a  proper  proceeding  the  owners  of  such 
lands  might  have  them  reincluded. — Cen- 
tral Irr.  Dist.  v.  De  Lappe,  79  Cal.  351,  21 
Pac.  825. 

33.  Same — Decision  of  board  as  to  bene- 
fits conclusive. — The  decision  of  the  board 
of  supervisors  as  to  whether  lands  will  or 
will  not  be  benefited  by  irrigation  is  final 
and  conclusive,  and  may  not  be  reviewed 
by  the  courts. — Board  of  Directors,  etc.  v. 
Tregea,  88  Cal.  334,  26  Pac.  237. 

34.  Same — Identity  of  district  not  de- 
stroyed by  exclusion. — The  identity  of  the 
district  is  not  destroyed  by  the  exclusion 
of  part  of  the  lands  therefrom,  and  if,  at 
the  time  of  such  exclusion,  the  district 
owed  no  indebtedness,  the  inclusion  would 
violate  no  constitutional  rights. — Board  of 
Directors  v.  Tregea,  88  Cal.  334,  26  Pac.  237. 

35.  Same — Effect  of  change. — When  the 
boundaries  of  an  irrigation  district  are 
changed  by  regular  and  valid  proceedings 
for  that  purpose  such  change  became  a 
matter  of   record,   and  a  subsequent   notice 


Aft  2250 


GEJVKRAL   LAWS. 


1224 


of  the  hearing  of  confirmatory  proceed- 
ings which  designated  the  district  by  its 
name,  was  sufficient. — Fogg  v.  Perris  Irr. 
Dist..  154  Cal.  209,  97  Pac.  316;  People  v. 
Perris   Irr.   Dist.,   154   Cal.    209,    97    Pac.    316. 

c.  Notice  of  Hearing  of  Petition. 

36.  Provision  as  to  publication  of  no- 
tice mandatory. — The  provision  as  to  pub- 
lication of  notice  of  hearing  of  petition  is 
mandatory,  and  compliance  therewith  is 
jurisdictional. — In  re  Central  Irr.  Dist.,  117 
Cal.    382,    49   Pac.   354. 

37.  Notice  must  be  signed  and  authenti- 
cated.— The  notice  of  hearing  of  the  peti- 
tion must  bear  a  proper  authentication 
and  a  mere  unsigned  and  unauthenticated 
notice  is  invalid. — In  re  Central  Irr.  Dist., 
117   Cal.   382,   49   Pac.   354. 

38.  Petition  and  notice  may  be  inclnded 
in  one  paper. — The  petition  for  the  forma- 
tion of  an  irrigation  district  under  the 
Wright  act,  and  the  notice  of  the  hearing 
of  the  petition  may  be  included  in  a  single 
document,  sufficient  in  form  as  a  notice 
and  as  a  petition,  and  it  may  be  published 
as  a  notice,  and  presented  to  the  board  as 
a  petition. — Fogg  v.  Perris  Irr.  Dist.,  154 
Cal.  209,  97  Pac.  316. 

39.  Defect  in  notice  cured  by  actual 
knowledge. — A  defect  in  the  notice  of  hear- 
ing of  the  petition  can  not  be  cured  by 
proof  of  actual  knowledge,  but  it  must  be 
a  notice  issued  as  the  statute  requires, 
and  by  the  persons  authorized  to  issue  it. — 
In  re  Central  Irr.  Dist.,  117  Cal.  382,  49 
Pac.   354. 

40.  Slisrlit  mistakes  in  notice,  unimpor- 
tant.— Slight  mistakes  in  the  spelling  of 
names  in  the  publication  of  the  petition, 
are  entirely  unimportant. — Central  Irr. 
Dist.  V.  De  Lappe,  79  Cal.   351,   21  Pac.   825. 

41.  Only  petitioners  empowered  to  pub- 
lish notice. — The  petitioners  themselves  are 
the  only  ones  empowered  by  the  act  to 
publish  the  notice  of  hearing  of  the  peti- 
tion, and  the  board  of  supervision  have  no 
power  to  do  so. — In  re  Central  Irr.  Dist., 
117   Cal.   382,   49   Pac.   354.* 

d.  Bond   Accompanying   Petition. 

42.  If  bond  not  invalid,  determination 
of  supervisors  as  to  its  sufficiency  is  con- 
clusive.— If  the  bond  accompanying  the 
petition  is  not  invalid,  and  binds  those 
who  signed  it,  the  determination  of  the 
board  of  supervisors  as  to  its  sufficiency  is 
conclusive,  though  it  may  be  informal. — In 
re  Madera  Irr.  Dist.,  92  Cal.  296,  27  Am.  St. 
Rep.  106,  14  L.   R.   A.  755,   28   Pac.   272,   675. 

43.  Condition  for  payment  of  all  costs 
includes  required  condition. — Where  the 
bond  was  conditioned  upon  the  payment  of 
all  costs  in  any  event,  it  included  the  re- 
quired condition  that  the  bondsmen  should 
pay  the  costs  "in  case  said  organization 
shall  not  be  effected." — Central  Irr.  Dist.  v. 
De  Lappe,   79   Cal.    351,    21   Pac.    825. 

44.  W'here  bond  merely  defective,  board 
may  order  filing  of  new  bond. — Where  the 
bond  required  by  the  statute  was  defective 
merely  the  board  was  empowered  to  order 
the  filing  of  a  new  bond,  and  to  continue 
the    hearing    for    that    purpose,    and,    since 


neither  bond  nor  petition  need  be  filed  be- 
fore the  petition  is  present,  the  new  bond 
would  "accompany"  the  petition  on  its  pre- 
sentation within  the  meaning  of  the 
statute. — Central  Irr.  Dist.  v.  De  Lappe,  79 
Cal.    351,    21    Pac.    825. 

45.  Reference  to  petition  held  sufficient. 
— A  bond  that  recites  two  names  as  peti- 
tioners, who  signed  tlie  bond  but  did  not 
sign  the  petition,  the  bond  being  filed  with 
the  petition,  which  was  the  only  petition 
present,  is  sufficient  for  the  purpose  of 
identification. — Central  Irr.  Dist.  v.  De 
Lappe,   79   Cal.    351,   21   Pac.    825. 

e.    Assessments. 

46.  Directors  vested  with  exclusive 
pov»-cr  to  levy  assessments.^The  Wrigh* 
act  has  vested  the  board  of  directors  with 
the  exclusive  right  to  levy  assessments 
and  to  determine  the  percentage  to  be 
levied  upon  tlie  property  of  the  district, 
and  the  assessment  must  be  uniform  upon 
all  the  property,  and  it  is  not  within  the 
province  of  the  court  to  declare  the  amount 
which  is  to  be  raised,  or  ,to  determine  the 
percentage  for  which  the  assessment  should 
be  levied. — Boscowitz  v.  Thompson,  144  Cal. 
724,  78  Pac.  290. 

47.  Same  power  vested  in  directors  to 
levy  of  nssessmeirts  as  is  vested  in  super- 
visors as  to  levy  of  taxes. — The  Wright  act 
confers  upon  the  directors  the  same  power 
to  levy  assessments  for  current  expenses, 
and  for  the  care,  operation,  management 
and  improvement  of  the  irrigation  works, 
as  are  possessed  by  boards  of  supervisors, 
and  the  proposition  to  levy  the  assessment 
must  be  submitted  to  and  approved  by  the 
property  owners. — Tregea  v.  Owens,  94  Cal. 
317,    29   Pac.    643. 

48.  Exorbitant  assessments — Relief  of 
landowner. — If  an  assessment  is  exorbitant 
the  landowner  must  pay  the  amount  the 
board  of  directors  had  power  to  levy  be- 
fore he  is  entitled  to  equitable  relief,  that 
amount  being  equally  a  matter  of  computa- 
tion as  exact  as  that  showing  that  the 
levy  was  higher  than  the  board  had  power 
to  make. — Quint  v.  Hoffman,  103  Cal.  506,  37 
Pac.   514,   777. 

4Sa.  Same — I^and  can  be  required  to  bear 
only  its  proportion  of  cost  of  improvement. 
— Land  subject  to  assessment  under  the 
Colorado  act  (copy  of  Wright  act)  can  be 
required  to  bear  only  its  proportion  of  the 
cost  of  the  improvement,  and  lands  that 
have  paid  an  assessment  can  not  be  as- 
sessed a  second  time  to  make  up  a  de- 
ficiency caused  by  tlie  failure  of  some 
lands  to  pay. — Norris  v.  Montezuma,  etc., 
Dist.,    240    Fed.    825. 

45).  Licvy  for  dilVorent  purposes  In  one 
order. — A  levy  for  different  purposes  may 
be  incorporated  in  one  order. — Cooper  v. 
Miller,   113  Cal.   238.   45   Pac.    325. 

49a.  Mistake  in  name  of  owner — Assess- 
ment not  void  or  voidable. — An  assessment 
made  by  an  irrigation  district  on  property 
belonging  to  the  "regents  of  the  Escondido 
seminary"  made  to  the  "Escondido  semi- 
nary," is  not  void  or  voidable,  in  view  of 
the   provisions   of  section   32   of   the   Wright 


f 


11 

II 


1225 


IRRIGATION  AND  IRRIGATION  DISTRICTS. 


Act  2259 


act. — Escondldo  High  School  v.  Escondido 
Seminary,  130  Cal.  128,  62  Pac.  401. 

49b.  Single  parcel  of  five  lots  covered 
by  livery  stable. — For  the  purposes  of  as- 
sessment and  taxation  for  irrigation  dis- 
trict purposes  under  the  Wright  act  five 
entire  lots  upon  which  a  livery  stable  ex- 
tended over  each,  should  be  held  to  be  a 
single  parcel  of  land  and  so  assessed. — - 
Cooper   V.    Miller.    113   Cal.    238,   45    Pac.    325. 

49c.  Poles,  vi-ires  and  other  appliances 
of  telegraph  company  not  assessable. — 
Poles,  wires  and  other  appliances,  consti- 
tuting a  telegraph  line  passing  through  an 
irrigation  district  upon  the  right  of  way 
of  a  railroad  company,  but  owned  by  a 
telegraph  company,  constitute  personal 
property,  and  are  not  subject  to  taxation 
by  the  district. — Western  Union,  etc.,  Co.  v. 
Modesto  Irr.  Co.,  149  Cal.  662,  9  Ann.  Cas. 
1190,   87   Pac.   190. 

50.  Assessment  not  a  tax. — The  assess- 
ment is  not  a  tax  and  is  not  subject  to 
constitutional  provisions  respecting  taxa- 
tion, and  it  may  be  levied  on  tlie  property 
within  the  district  without  deducting  ex- 
isting mortgages. — Tregea  v.  Owens,  94  Cal. 
317,   29   Pac.  643. 

51.  Exemption  of  municipalities. — The 
exemption  of  municipalities  from  taxation 
relates  to  state  and  county  taxes  and  not 
to  assessments  for  public  improvements 
under  general  laws. — San  Diego  v.  Linda 
Vista  Irr.  Dist.,  108  Cal.  189,  35  L.  R.  A.  33, 
41  Pac.   291. 

52.  Same  —  Not  extended  beyond  prop- 
erty used  for  governmental  property. — Im- 
plied exemption  of  the  property  of  a  muni- 
cipality from  taxation  should  not  be 
extended  to  property  not  held  or  used  for 
municipal  or  governmental  purposes. — San 
Diego  v.  Linda  Vista  Irr.  Dist.,  108  Cal.  189, 
35  L.  R.  A.  33,   41   Pac.   291. 

53.  Same — Pneblo  lands  of  municipality. 
— An  assessment  upon  the  pueblo  lands  of 
a  city  is  not  a  tax  within  the  meaning  of 
section  1,  article  XIII  of  the  constitution 
exempting  the  property  of  municipal  cor- 
porations from  taxation,  such  lands  being 
susceptible  of  cultivation  and  of  benefit 
from  irrigation,  and  such  lands  may  be 
sold  for  unpaid  assessments. — San  Diego  v. 
Linda  Vista  Irr.  Dist.,  108  Cal.  189,  35 
L.   R.  A.   33.   41   Pac.   291. 

54.  A.ssessnients  io  pay  to  interest  on 
bonds — Discretion  of  directors. — Section  22 
of  the  Wright  act  allows  the  directors  a 
reasonable  discretion  in  assessments  to  pay 
interest  on  bonds,  and  does  not  confine 
them  to  the  exact  amount  of  the  interest. 
— Escondido  High  School  v.  Escondido  Sem- 
inary,   130   Cal.  128,    62   Pac.    401. 

55.  Same  —  Same.  —  Section  22  of  the 
Wright  act  authorized  an  assessments  suf- 
ficient to  raise  the  annual  interest  upon  the 
outstanding  bonds,  and  the  board  has  a 
certain  discretion  as  to  the  amount  to  be 
raised,  and  the  courts  will  not  interfere 
with  its  action  unless  it  can  be  shown  that 
it  has  abused  its  discretion. — Boscowitz  v. 
Thompson,    144   Cal.   724,   78   Pac.    290. 

50.      Seme — San:e. — It    is   not   necessary   to 


their  validity  that  the  method  adopted  for 
the  assessments,  and  their  collection,  must 
be  assimilated  to  and  follow  the  constitu- 
tional mode  for  the  assessment  and  col- 
lection of  taxes. — Turlock  Irr.  Dist.  v. 
Williams,  76  Cal.  360,  18  Pac.  379. 

57.  Same — Same — Assessment  in  amount 
larger  than  amount  of  interest. — Levy  of 
assessment  to  pay  interest  will  be  enjoined 
where  the  amount  of  the  assessment  is  so 
largely  in  excess  of  the  amount  of  the  in- 
terest as  to  make  it  appear  that  the  direc- 
tors abused  their  discretion. — Hughson  v. 
Crane,   115  Cal.    404,   147   Pac.   120. 

58.  Same — Same — Same. — The  power  of 
the  board  of  directors  to  levy  an  assess- 
ment to  pay  interest  on  bonds  is  not  re- 
stricted to  the  levy  of  the  exact  amount  of 
the  interest,  but  they  have  a  discretion  in 
the  matter  which  will  not  be  interfered 
with  except  in  case  of  abuse. — Hughson  v. 
Crane,   115  Cal.   404.   147   Pac.   120. 

59.  Assessment  under  section  37 — Special 
election. — An  assessment  levied  for  the 
purpose  specified  in  section  37  of  the 
Wright  act,  without  calling  a  special  elec- 
tion, is  invalid. — Tregea  v.  Owens,  94  Cal. 
317,   29   Pac.   643. 

59a.  Suit  to  compel  assessment  to  be 
made — Demand  neces.sary. — A  demand  is  a 
prerequisite  to  a  suit  to  compel  the  levy  of 
an  assessment  to  pay  a  judgment  on  the 
bonds  of  an  irrigation  district. — Board  of 
Supervisors  v.  Thompson,  122  Fed.  860,  59 
C.   C.  A.   70. 

59b.  Same — Judgment  conclusive. — In  a 
suit  for  writ  of  mandamus  to  compel  the 
levy  of  a  tax  to  pay  bonds  of  an  irrigation 
district,  a  judgment  is  conclusive  against 
the  board  of  supervisors  and  against  the 
property  owners,  as  to  all  questions  which 
were  or  might  have  been  litigated. — Board 
of  Supervisors  v.  Thompson,  122  Fed.  860, 
59   C.    C.    A.    70. 

f.    Election. 

CO.  Publication  of  call  for  election. — The 
act  does  not  specify  the  number  of  times 
the  election  proclamation  is  required  to  be 
published,  but  only  that  it  shall  be  pub- 
lished three  weeks  before  election. — Cen- 
tral Irr.  Dist.  v.  De  Lappe,  79  Cal.  351,  21 
Pac.    825. 

61.  Election  notice — Posting. — Notice  of 
a  special  election  under  section  15  may  be 
properly  given  as  that  section  provides  to 
the  exclusion  of  the  provision  of  section  5 
as  to  posting  of  the  general  notice  at  the 
office  of  the  board. — Board  of  Directors,  etc., 
V.   Tregea,   88   Cal.   334,   26  Pac.   237. 

62.  Election  precincts — No  division  in- 
tended.— The  legislature  intended  no  di- 
vision of  the  district  when  the  election  is 
to  be  by  the  district  at  large. — Cullen  v. 
Glendora  Water  Co.,  113  Cal.  503,  39  Pac. 
769,    45   Pac.   822,   1047. 

63.  Same — Establishment  by  election  no- 
tice.— It  is  sufficient  that  the  election  pre- 
cincts are  established  by  the  election 
proclamation,  which  is  published  three 
weelvs  before  election. — Central  Irr.  Dist. 
V.  De  Lappe,  70  Cal.    351,   21   Pac.   825. 


trt  2259 


GENERAL   LAWS. 


122« 


g.  Sales  for  Delinquent  Assessraento. 
04.  Sale  directed  by  ooart  !■  Invnild  and 
ve»t»  BO  title. — The  Wright  act  gives  to 
the  collector  authority  to  sell  the  property 
In  case  of  non-payment  of  the  assessment 
levied  thereon  by  the  board,  but  a  sale  by 
him  in  satisfaction  of  an  amount  directed 
by  the  court  Is  unauthorized  and  would 
vest  no  title  In  the  purchaser. — Boscowltz 
V.    Thompson,    144    Cal.    724,    78    Pac.    290. 

65.  Tax  deed  offered  in  evidence — Pre- 
MumptlonM. — Where  a  tax  deed  is  offered  In 
evidence  and  no  evidence  whatever  upon 
the  subject  of  an  election  for  the  levy  of 
the  tax  for  special  purposes  is  offered,  it 
Is  presumed  that  the  election  was  held  ac- 
cording to  law  and  the  levy  authorized. — 
Cooper  V.   Miller.   113  Cal.   238,   45  Pac.   325. 

66.  Snme — Same. — It  Is  presumed  that 
official  duty  was  performed,  and  that  where 
a  tax  sale  was  advertised  for  Sunday,  the 
collector  kept  within  section  26  of  the 
statute,  and  postponed  the  sale  to  Monday, 
as  the  law  allowed  him  to  do. — Baxter  v. 
VIneland  Irr.  Dist.,  136  Cal.  185,  68  Pac. 
601. 

66a.  Act  of  de  (Hcto  collector  in  sale  of 
landM  rcKnrded  bh  official. — A  collector  who 
is  acting  as  such  is  a  de  facto  officer  of 
y.n  irrigation  district,  even  though  he  may 
be  disqualified  as  a  de  jure  officer,  and  in  a 
proceeding  to  set  aside  tax  sales  of  land 
6old  for  unpaid  assessments  to  pay  interest 
on  bonds  of  the  district,  his  acts  must  be 
regarded  as  official  acts. — Baxter  v.  Vine- 
land   Irr.   Dist.,   136  Cal.    185,   68  Pac.   601. 

66b.  Pnrchaaera  of  bonds  talte  Tt-itli  no- 
tice of  the  Htatute. — Purchasers  of  bonds 
of  an  irrigation  district  take  with  notice 
of  the  law  under  which  they  were  issued 
and  can  not  recover  where  it  appears  on 
the  face  of  the  bonds  that  they  were  not 
issued  in  conformity  with  the  act. — Wright 
V.  East  Riverside,  etc.,  Dist.,  138  Fed.  313, 
70   C.   C.    A.   603. 

66c.  Deed  prima  facie  evidence  of 
validity  of  aiineminient. — If  a  tax  deed  ex- 
ecuted by  the  collector  of  an  Irrigation  dis- 
trict recites  the  matter  recited  in  the  cer- 
tificate of  sale,  and  is  duly  acknowledged 
or  proved,  it  is  under  section  30  of  the 
Wright  act,  prima  facie  evidence  of  the 
validity  of  the  assessment  and  levy,  and  of 
the  regularity  of  the  proceedings  for  the 
sale  and  the  deed. — Cooper  v.  Miller,  113 
Cal.   238,  45   Pac.  325. 

See,  also,  Rollins  v.  Wright,  93  Cal.  395, 
29   Pac.    58. 

66d.  Deed  is  prima  facie  evidence  of 
title  in  Krantee. — A  tax  deed  executed  by 
the  tax  collector  of  an  Irrigation  district 
organized  under  the  Wright  act,  upon  a 
sale  for  a  delinquent  tax  levied  by  the 
board  of  directprs  of  the  district.  Is,  under 
section  30,  of  the  act  prima  facie  evidence 
of  title  In  the  grantee. — Cooper  v.  Miller, 
113  Cal.  238,   45  Pac.  325. 

IV.    BONDS. 

67.  Discrepancy  in  date  does  not  in- 
validate.— The  bonds  of  an  irrigation  dis- 
trict    are     not     invalid     because     nominally 


dated  at  a  different  time  from  their  real  or 
legal  date. — Stowell  v.  Rialto  Irr.  Dist., 
155   Cal.   215,   100   Pac.   248. 

6S.  Rule  as  to  effect  of  recital  of  com- 
pliance with  statute. — The  rule  that  the 
recital  In  the  bonds  of  an  irrigation  dis- 
trict of  compliance  with  the  statute  pro- 
tects only  a  bona  fide  purchaser  without 
further  inquiry  and  not  a  purchaser  who 
took  the  bonds  with  actual  knowledge 
which,  in  connection  with  the  provisions 
of  the  statute,  establishes  their  illegality. 
— Leeman  v.  Perris  Irr.  Dist.,  140  Cal.  540, 
74  Pac.  24. 

69.  Issue  of  bonds  Is  discretlonarr. — The 
Issue  of  the  bonds  is  discretionary,  and  the 
directors  may  issue  such  portion  of  the 
bonds  and  sell  them  at  such  times  as  they 
think  best. — Board  of  Directors,  etc.,  v. 
Tregea,   88   Cal.   334,    26   Pac.   237. 

69a.  Validity  of  bonds  not  nffcctcd  by 
subsequent  exclusion  of  territory. — The  e.K- 
clusion  of  territory  subsequent  to  organi- 
zation can  not  affect  the  validity  of  the 
bonds  issued  by  a  district. — Herring  v.  Mo- 
desto,   etc.,    Dist.,    95    Fed.    705. 

fiUh.  Discretion  of  supervisorii  to  Inane 
bonds  —  Determination  of  benefits.  —  The 
Wright  act  commits  to  the  supervisors,  on 
the  application  for  the  organization  of  a 
district,  the  determination  of  the  question 
of  benefits,  and  In  the  absence  of  fraud  or 
bad  faith,  their  decision  Is  conclusive,  and 
the  question  can  not  be  raised  by  the  dis- 
trict as  a  defense  to  its  obligation  on  the 
bonds  issued  by  it. — Herring  v.  Modesto, 
etc.,   Dist.,   95   Fed.   705. 

70.  Issue  of  bonds  does  not  depand  on 
source  of  water  supply. — The  Issue  of  bonds 
does  not  depend  upon  the  source  of  the 
water  supply,  or  plans  for  obtaining  it, 
and  the  directors  may  change  their  plans 
and  obtain  a  diminished  supply  from  a 
source  other  than  that  provided  for  in  the 
original  plan.  If  the  Interests  of  the  dis- 
trict will  be  subserved  thereby. — Board  of 
Directors  v.  Tregea,  88  Cal.  334,  26  Pac.  237. 

70a.  Bonds  neeotlnble — Void  when  is- 
sued in  violation  of  statute. — The  bonds  of 
an  irrigation  district  are  negotiable,  but 
where  issued  in  violation  of  statute  they 
are  void. — Rialto  Irr.  Dist.  v.  Stowell,  246 
Fed.   294,   159  C.   C.   A.   24. 

71.  NeKotiablllty  not  affected. — The  fact 
that  installments  of  principal  were  made 
payable  only  upon  the  surrender  of  the 
coupons  does  not  affect  Its  negotiability. — 
Stowell  V.  Rialto  Irr.  Dist.,  156  Cal.  215,  100 
Pac.   248. 

72.  Disposition  of  Itonds^Tvro  available 
modes. — The  only  modes  in  which  an  irri- 
gation district  organized  under  the  Wright 
act  can  dispose  of  Its  bonds,  are  the  modes 
prescribed  by  section  12,  to  exchange  them 
for  property  purchased  for  construction 
purposes,  at  par,  and  that  prescribed  In 
section  16  to  sell  them  in  the  open  market, 
at  90  per  cent,  for  cash. — Hughson  v.  Crane, 
115  Cal.   404.   47   Pac.   120. 

73.  Same — .Affairs  intended  to  be  con- 
ducted on  money  basis,  not  on  credit. — The 
intention    of    the    Wright    act   was    that    the 


1327 


IRRIGATIOX  AND  IRRIGATION  DISTRICTS. 


Act  2259 


affairs  of  an  irrigation  district  should  be 
conducted  on  a  money  basis,  and  not  on 
credit. — Hughson  v.  Crane,  115  Cal.  404,  47 
Pac.    120. 

74.  Same — Void  unless  issued  for  sup- 
plies at  par  or  cash  at  90  per  cent. — Irriga- 
tion district  bonds,  negotiable  in  form 
(1887-29)  issued  in  exchange  for  supplies 
for  the  district  at  ninety  cents  on  the  dol- 
lar, are  void  in  the  hands  of  the  original 
purchaser  and  of  subsequent  holders  with 
notice,  as  Issued  in  violation  of  the  pro- 
vision of  the  act  requiring  the  bonds,  when 
not  exchanged  for  property  at  par,  to  be 
sold  for  cash  at  ninety  cents  on  the  dollar. 
— Ham  V.  Grapeland  Irrigation  District,  172 
Cal.   611,   613,  159  Pac.   201. 

75.  Same  —  Valid  though  the  district 
made  a  bad  bargain. — Bonds  Issued  in  ex- 
change for  property  at  par,  are  Issued  for 
a  legal  consideration,  even  though  the  dis- 
trict made  a  bad  bargain. — Ham  v.  Grape- 
land  Irrigation  District,  172  Cal.  611,  618, 
158  Pac.  207. 

76.  Same — Bonds  issued  for  construction 
worlc  at  90  per  cent  illegally  issued. — 
Bonds  issued  to  a  contractor,  at  90  per 
cent  of  par  value,  to  pay  for  the  construc- 
tion of  a  dam  are  Illegally  issued. — Hugh- 
son  V.  Crane,  115  Cal.  404,  147  Pac.  120. 

77.  Same — Illegal  contract. — A  contract 
of  an  irrigation  company  whereby  It  de- 
livered its  bonds  to  a  water  company  in 
return  for  water  stock  of  the  company,  and 
never  got  any  part  of  any  canal,  canals,  or 
water  works,  or  real  property,  or  any 
tangible  property  at  all  whatever,  and  re- 
ceived a  mere  personal  promise  to  allow  It 
to  rent  certain  water,  the  company  remain- 
ing the  owner  of  the  pipe  line  which  it 
laid,  and  the  district  acquiring  no  control 
or  ownership  thereof  or  of  any  other  prop- 
erty, and  by  the  terms  of  the  contract 
never  became  entitled  to  any  such  property 
or  control,  Is  void. — Stimson  v.  Allessandro 
Irr.  Dist.,   135  Cal.    389,    67   Pac.    496,   1034. 

77a.  Same — Issued  for  water  system  prior 
to  latter's  construction. — By  the  use  of  the 
phrase  "works  constructed  and  being  con- 
structed by  private  owners,"  the  legislature 
clearly  indicated  an  intention  to  authorize 
the  acquisition  of  water  systems  by  nego- 
tiation prior  to  their  completion. — Stowell 
V.  Rialto  Irr.  Co.,  155  Cal.  215,  100  Pac.  248. 

78.  Same — Same. — A  contract  of  an  irri- 
gation company  organized  under  the 
Wright  act  to  pay  for  water  rights  and 
pipes  to  convey  the  water,  entered  into 
prior  to  the  completion  of  the  means  of 
supply,  with  bonds  of  the  company,  does 
not  render  the  contract  one  for  the  pay- 
ment of  construction  works  with  bonds. — 
Stowell  v.  Rialto  Irr.  Dist.,  155  Cal.  215, 
100   Pac.   248. 

79.  Same — Same — Antliorized  under  sec- 
tion 12. — A  contract  of  an  irrigation  dis- 
trict organized  under  tlie  Wright  act  to 
take  and  pay  for  certain  water  rights  to- 
gether with  pipe  lines  needed  for  the  re- 
ception and  distribution  of  the  water,  with 
bonds  of  the  district,  when  the  property 
for    delivery    and    conveyance,    was    author- 


ized under  section  12  of  the  act. — Stowell  v. 
Rialto  Irr.  Dist.,  155  Cal.  215,  100  Pac. 
248. 

80.  Form  of  bonds. — The  bonds  should 
be  in  such  form  as  to  permit  them  to  be 
paid  in  installments  in  the  percentage 
specified  in  the  statute,  but  a  failure  in 
this  respect,  by  making  the  entire  issue. 
Instead  of  each  bond,  so  payable,  does  not 
invalidate  the  bonds. — In  re  Madera  Irr. 
Dist.,  92  Cal.  296,  27  Am.  St.  Rep.  106,  14 
L.  R.   A.  755,   28   Pac.   272,   675. 

81.  Public  lands  not  bound  In  hands  of 
grantees  of  the  United  States. — The  sale 
and  conveyance  by  the  United  States  of 
public  land  in  private  ownership  can  not 
operate  to  charge  It  with  liability  upon 
bonds  of  an  irrigation  district,  existing 
prior  to  such  conveyance,  without  the  con- 
sent of  the  United  States  or  its  grantee. — 
Nevada  National  Bank  v.  Poso  Irr.  Dist., 
140   Cal.   344,   73   Pac.    1056. 

82.  Judicial  knotvledge  of  financial  his- 
tory.— The  court  takes  judicial  knowledge 
of  the  financial  history  of  irrigation  bonds, 
— Hughson  V.  Crane,  115  Cal.  404,  47  Pac. 
120. 

82a.  Estoppel  of  district  to  deny  validity 
of  bonds. — Where  an  irrigation  district 
(1887-29)  has  the  power,  upon  the  per- 
formance of  certain  conditions  precedent, 
to  Issue  bonds,  and  its  officers  charged  with 
the  duty  to  ascertain  and  determine  as  to 
the  performance  of  such  conditions,  certify 
that  they  are  performed,  the  district  is 
estopped  to  plead  non-performance. — Ham 
v.  Grapeland  Irrigation  Dist.,  172  Cal.  611. 
618,   158   Pac.    207. 

82b.  Same  —  Recital  of  bond  —  Bond  In 
hands  of  president  of  district. — A  recital 
in  the  bonds  of  an  irrigation  district  that 
they  were  issued  "by  authority  of,  and 
pursuant  to,  and  after  a  full  compliance 
with,  all  the  requirements  of,"  the  Wright 
act,  estops  the  district  from  asserting 
that  no  estimate  or  determination  of  the 
amount  of  money  required,  or  that  the 
bonds  were  not  disposed  of  in  the  manner 
or  for  the  purposes  prescribed  in  the  act. 
— Miller  v.  Perris.  etc.,  Dist.,  99  Fed.  143. 
Even  though  In  the  hands  of  the  president 
of  the  •  district. — Perris,  etc.,  Dist.,  v. 
Thompson,   116   Fed.    832,    54   C.   C.    A.    336. 

S2c.  Same  —  De  facto  corporation.  — 
Where  an  irrigation  company  issued  and 
sold  its  bonds,  used  the  proceeds  for  tlie 
construction  of  its  works,  and  then  re- 
pudiated its  obligations  on  that  ground 
that  it  had  never  been  legally  organized 
and  had  no  power  to  issue  the  bonds,  it 
was  held  that  common  honesty  demanded 
that  a  debt  thus  incurred  should  be  paid, 
and  that  if  anything  could  constitute  a 
de  facto  corporation  the  irrigation  com- 
pany In  such  a  case  was,  and  that  Its  de 
jure  existence  could  be  questioned  only  by 
the  state. — Tulare,  etc.,  Dist.,  v.  Shepard, 
185  U.  S.  1.   46  D.  ed.  773,   22  Sup.  Ct.   531. 

82d.  Collateral  attack  —  De  facto  cor- 
poration.— An  irrigation  district  organized 
under  the  Wright  act  is  at  least  a  de  facto 
corporation,    in    view    of    the    fact    that    the 


tiKNKHAI.    l.V>\,S. 


supreme  court  of  California  has  repeatedly 
upheld  Its  constitutionality,  and  the  le- 
gality of  its  organization  can  not  be  at- 
tacked collaterally  for  the  purpose  of 
defeating  its  obligations. — Herring  v.  Mo- 
desto,  etc.,   Dist.,   95    Fed.    705. 

S'2e.  Suit  on  liondn — Ileiiofltii  received 
immntrrinl. — .\n  allegation  in  the  answer 
of  an  Irrigation  di.strict  to  a  suit  on  it.s 
bonds  that  the  district  derived  no  benefit 
from  the  work  is  immaterial  and  consti- 
tutes no  defense. — Herring  v.  Modesto,  etc., 
Dist..  95  Fed.  705. 

Sllf.  Snme — l'iivorin«>d  nnswer — Proof  of 
execution  or  coiinrmntion  of  ItoiidN  not  re- 
quired— Section  -147.  Code  of  Civil  Pro- 
cedure.— Where  the  answer  of  an  action 
against  an  irrigation  district  on  Its  bonds 
was  not  verified,  and  the  complaint  set  out 
topics  of  the  bonds,  which  bore  the  seal 
of  the  district,  and  were  introduced  In  evi- 
dence, the  plaintiff  was  not  required,  in 
view  of  section  447,  Code  of  Civil  Pro- 
cedure, to  further  prove  their  execution  or 
their  confirmation  under  the  confirmation 
act. — Perrls,  etc.,  Dist.  v.  Thompson,  116 
Fed.   832,    54   C.   C.   A.   336. 

82b:.  Same — Date  of  Isaae — SlRnnture.— ' 
Whether  bonds  of  an  irrigation  district 
are  treated  as  "issued"  on  the  date,  or  on 
delivery,  they  were  void,  in  the  first  case, 
because  not  signed  by  the  "then  secretary," 
and  in  the  second  case,  because  antedated 
.so  as  to  make  them  payable  within  a 
shorter  period  than  the  law  provides. — 
Wright  V.  East  Riverside,  etc.,  Dist.,  138 
Fed.    313.   70   C.   C.   A.    603. 

.  S^b.  .Suit  !)>'  taxpayem — DefcctM  In  iHaue 
of  bondM. — The  taxpayers  in  an  irrijration 
district  can  not  maintain  a  suit  to  restrain 
an  action  against  the  district  on  its  bonds 
on  the  ground  that  the  bonds  were  void, 
that  the  ofJlcers  served  in  the  action  were 
not  the  ofTicers  of  the  district,  that  It  had 
no  officers,  especially  where  it  was  not 
shown  that  application  to  the  board  of 
supervisors  under  section  10  of  the  act. 
to  appoint  directors  had  been  made. — Quin- 
ton  V.  Equitable,  etc.,  Co.,  196  Fed.  314,  116 
C.  C.  A.  134. 

821.  .Suit  by  holder  of  lenii  than  entire 
inaue  of  bondfi. — The  holder  of  le^s  than 
the  entire  is.sue  of  a  series  of  municipal 
bonds  is  not  prevented  by  that  fact  from 
maintaining  an  action  for  their  enforce- 
ment.— Ferris,  etc..  Dist.  v.  Thompson,  116 
Fed     832.   54  C.   C.   A.   336. 

82J.  Remedy  of  judgment  bondholder  la 
'niandnniun  io  compel  amicwjimcnt. — Tlie  rem- 
edy of  the  holder  of  irrigation  bonds,  after 
Judgment  and  return  of  execution  unsatis- 
fied, was  mandamus  to  compel  the  levy  of 
assessment  on  the  property  of  the  district, 
and  not  a  suit  in  equity  for  a  receiver. — 
Marra  v.  San  Jacinto,  etc.,  Dist.,  131  Fed. 
780. 

82k.  Statute  of  Ilmltntlon». — Each  Irri- 
gation bond  of  a  di.striit  under  the  Wright 
act  is  a  district  obligation,  and  is  barred 
after  four  years  from  maturity,  notwith- 
standing the  provision  as  to  the  levy  of  a 
sufficient   amount   to   pay   off   bonds    at    the 


expiration  of  twenty  years. — Curtis  v. 
Riaito,   etc.,   Dist.    (Cal.   App.),   187    Pac.   116. 

V.     CONFIRMATORY    ACT    OF    1889. 
a.    Constitutionality. 

83.  I'lie    title   of    the    confirmatory    act    of 

ISSO  (Stats.  1889.  p.  212)  is  sufnciently  com- 
prehensive to  Include  the  provision  for  as- 
certaining the  validity  of  the  organization 
of  the  district  as  a  necessary  condition 
precedent  to  the  testing  of  the  validity  of 
the  bonds  issued  by  the  district. — Peoph- 
v.  Linda  Vista  Irr.  Dist.,  128  Cal.  477..  61 
Pac.   86. 

84.  New  trial  provlMloun  of  aecfion  4  un- 
con<«ti(utionnl. — The  provision  of  section  4 
of  the  supplemental  act  of  1889  (Stats. 
1889,  p.  212)  that  motions  for  new  trial 
must  be  made  on  the  minutes  of  the  court 
is  obnoxious  to  subdivision  3,  section  25, 
article  IV,  of  the  constitution.  Inhibiting 
special  laws  regulating  the  practice  in 
courts  of  justice,  and  such  a  motion  on  a 
bill  of  exceptions  made  under  the  code  pro- 
visions, will  be  considered  on  appeal. — 
Cullen  V.  Glendora  Water  Co.,  113  Cal.  503. 
39   Pac.  769,   45   Pac.   822.   1047. 

85.  Juri.sdictlon  of  atuperlor  court. — The 
proceeding  for  the  confirmation  of  the  or- 
ganization of  an  irrigation  district  Is  ju- 
dicial and  properly  committed  to  the  supe- 
rior court  for  determination. — Title,  etc.. 
Co.  V.  Kerrigan,  150  Cal.  289,  320.  119  Am. 
St.  Rep.  199,  8  L.  R.  A.  (N.  S.),  682,  88  Pac. 
356. 

b.   Construction. 

86.  Act    must    be    coiiHtrucd    an    a    whole. 

— ^The  supplementary  act  of  1889  (Stats. 
1880,  p.  212)  must  be  construed  as  a  whole 
with  reference  to  its  manifest  purpose,  and 
as  allowing  the  proceeding  to  be  com- 
menced as  soon  as  tlie  resolution  has  been 
adopted,  and  before  bonds  have  been  is- 
sued.— Bo.ard  of  Directors,  etc.,  v.  Tregea. 
88   Cal.    334,    26   Pac.    237. 

87.  Independeut  act,  not  part  of  Wrigrht 
act. — The  supplementary  act  of  1889  (.Stats. 
1889,  p.  212)  is  an  independent  statute,  not 
a  part  of  the  Wright  act,  and  not  amenda- 
tory of  it.  and  section  3  of  the  Wright  act 
as  amended  In  1891,  limiting  the  time  in 
which  an  action  may  be  commenced  or  a 
defense  made  affecting  the  validity  of  the 
organization  to  two  years,  has  no  applica- 
tion to  the  act  of  1889. — In  re  Central  Irr. 
Dist..   117  Cal.   382.   49  Pac.  354. 

88.  Special  proceeding. — A  proceeding 
brought  under  the  act  of  1889  (p.  212)  for 
the  confirmation  of  the  organization  of  the 
district  Is  a  special  proceeding,  and  In  the 
nature  of  a  proceeding  In  rem  to  deter- 
mine Its  status  and  its  power  to  issue 
bonds. — Crall  v.  Poso  Irr.  Dist.,  87  Cal. 
140.    26    Pac.    797. 

8J).  Proceeding  in  rem. — The  proceeding 
for  confirmation  under  the  act  of  1889 
(Stats.  1889.  p.  212)  is  one  in  rem,  and 
the  decree  while  it  is  In  force  is  conclusive 
upon  the  state  as  well  as  all  others,  that 
all  steps  for  the  proper  organization  of 
tlie  district  were  properly  taken,  and  the 
contrary    can    not    be    shown    in    quo    war- 


1229 


IRRIGATION  AND  IRRIGATION  DISTRICTS. 


Act  2259 


ranto. — People    ex   rel.    Fogg-    v.    Perris    Irr. 
Dist.,   132  Cal.  289.   64  Pac.   399,  773. 

90.  Santc. — The  proceeding'  under  the 
act,  of  1889  (Stats.  1889.  p.  212)  are  in  rem. 
and,  for  the  protection  of  investors,  must 
bind  not  only  the  parties  appearing,  but 
all  the  world. — Board  of  Directors,  etc.,  v. 
Tregea,   88   Cal.   334,    26   Pac.   237. 

91.  Same. — The  proceeding  to  confirm 
the  regularity  of  the  proceedings  in  the 
organization  of  an  irrigation  district  is  a 
proceeding  in  rem,  authorized  for  the  ex- 
press purpose  of  fixing  the  legal  status  of 
the  district,  and  the  decree  concluded  the 
whole  world  upon  all  the  questions  in- 
volved, and  was  properly  admitted  in  evi- 
dence in  an  action  to  condemn  a  right  of 
way  for  an  irrigation  pipe  line  to  establish 
the  facts  therein  determined. — Rialto  Irr. 
Dist.   V.   Brandon,   103    Cal.    384.   37   Pac.   484. 

92.  Section  3  of  'Wright  act  not  appli- 
cable.— The  provisions  of  section  3  of  the 
Wright  act  limiting  the  bringing  of  ac- 
tions affecting  the  validitj*  of  the  organiza- 
tion of  an  irrigation  district  to  two  years 
after  the  making  and  entry  of  the  order, 
has  no  application  to  suits  under  the  con- 
firmatory act  of  1889  (Stats.  1889,  p.  212),  or 
to  suits  to  set  aside  a  judgment  of  con- 
firmation for  fraud. — People  v.  Perris  Irr. 
Dist.,  142  Cal.   601,  76  Pac.  381. 

93.  Only  applicable  to  bonds  sold  to  in- 
vest in  Tvater  system. — The  confirmatory 
act  of  1889  (Stats.  1889,  p.  212)  refers  only 
to  bonds  sold  to  invest  in  a  water  system, 
under  the  authority  of  section  16  of  the 
Wright  act,  and  not  to  those  issued  under 
section  12  for  the  purchase  of  other  prop- 
erty, and  the  court  is  without  jurisdiction 
under  the  confirmatory  act  to  make  a  con- 
firmatory decree  as  to  any  bonds  except 
those  referred  to  in  section  16. — Stimson  v. 
Allessandro  Irr.  Dist.,  135  Cal.  389,  67  Pac. 
496,    1034. 

c.    Notice. 

94.  All  persons  in  district  bound  to  take 
notice. — All  persons  in  the  district  are 
bound  to  take  notice  of  the  specific  allega- 
tions of  the  petition  under  the  act  of  1889 
(Stats.  1889,  p.  212),  and  appear  and  object 
or  be  forever  precluded  from  questioning 
the  validity  of  the  bonds. — 88  Cal.  334,  26 
Pac.  237. 

95.  Publication  of  notice  and  filing  peti- 
tion sufficient. — Under  the  act  of  1889 
(Stats.  1S89,  p.  212),  the  publication  of  a 
notice  of  the  filing  of  the  petition  is  suf- 
ficient to  confer  jurisdiction  upon  the  supe- 
rior court  to  render  a  judgment  aflfirming 
the  regularity  of  the  organization  of  the 
district,  the  legality  of  its  orders,  and  the 
validity  of  its  bonds,  and  such  judgment 
will  be  binding  upon  the  lands  of  the  dis- 
trict and  their  owners. — Board  of  Directors, 
etc.,  V.  Tregea,  88  Cal.  334,   26  Pac.   237. 

96.  Sufficiency  of  notice. — The  notice  re- 
quired by  the  act  of  1889  (Stats.  1889,  p. 
212)  is  sufficient  if  it  state  the  filing  of  the 
petition,  and  the  substance  of  the  prayer 
thereof,  and  in  other  respects  conforms  to 
the  statute. — Board  of  Directors,  etc.,  v. 
Tregea,  88  Cal.   334,  26  Pac.  237. 


97.  Same — Contents. — The  notice  of  the 
hearing  of  the  petition  for  confirmation 
under  the  act  of  1889  (Stats.  1889,  p.  212), 
need  not  contain  a  specific  description  of 
the  lands  of  the  district,  nor  of  any  owner 
thereof,  nor  of  its  boundaries. — Fogg  v. 
Perris  Irr.  Dist.,  154  Cal.  209,  97  Pac.  316; 
People  v.  Perris  Irr.  Dist.,  154  Cal.  209, 
97  Pac.   316. 

9S.  Notice  is  due  process. — The  notice 
containing  the  statement  that  the  proceed- 
ings were  for  the  purpose  of  confirming 
the  proceedings  for  the  sale  of  the  bonds 
of  the  district  was  due  process  of  law  to 
inform  any  landowner  affected  and  inter- 
ested.— Fogg  V.  Perris  Irr.  Dist.,  154  Cal. 
209,  97  Pac.  316;  People  v.  Perris  Irr.  Dist., 
154  Cal.  209,  97  Pac.  316. 

99.  Con.structive  service  by  publication. 
— Constructive  service  by  publication  and 
posting  as  provided  by  the  Wright  act  is 
sufficient  to  give  the  court  jurisdiction  of  a 
proceeding  under  the  act  of  1889  (Stats. 
1889,  p.  212). — Crall  v.  Poso  Irr.  Dist.,  87 
Cal.    140,    26    Pac.    797. 

d.   Effect  of  Judgment   or  Decree. 

100.  Properly  includes  injunction. — A 
judgment  of  confirmation  under  the  act  of 
1889  (Stats.  1889,  p.  212)  properly  includes 
an  injunction  declaring  all  persons  inter- 
ested in  the  organization  of  the  district 
from  disputing,  denying  or  disclaiming  any 
facts  which  might  have  been  disputed  in 
the  proceeding. — In  re  Madera  Irr.  Dist.,  92 
Cal.  296,  27  Am.  St.  Rep.  106,  14  L.  R.  A. 
755,   28   Pac.   272,    675. 

100a.  Conclusive  on  all  questions. — A 
judgment  under  the  confirmation  act  is 
conclusive  of  all  the  questions  involved 
therein.  (Former  opinion  in  85  Fed.  693. 
explained  and  reaffirmed). — Miller  v.  Perris. 
etc.,    Dist.,   99    Fed.    143. 

101.  Binding  on  all  the  vrorld. — The  pro- 
ceeding under  the  confirmatory  act  of  1889 
(Stats.  1889,  p.  212)  is  one  in  rem,  and  the 
judgment  therein  is  binding  upon  the  whole 
world,  including  the  state,  is  res  adjudicata. 
and  constitutes  a  bar  to  subsequent  quo 
warranto  proceedings  against  the  district, 
attacking  the  validity  of  the  organization 
of  the  district. — People  v.  Linda  Vista  Irr. 
Dist.,   128  Cal.  477,    61   Pac.   86. 

101a.  After  confirniatory  jud^:ment.  sub- 
seriuent  quo  viarranto  judgment — Validity 
of  bonds  not  affected. — A  judgment  against 
an  irrigation  district,  in  an  action  by  the 
state,  declaring  void  the  organization  of 
the  district,  does  not  affect  the  validity  of 
its  bonds,  issued  after  judgment  in  favor 
of  its  validity  under  the  confirmation  act. — 
Miller   v.   Perris,    etc.,   Dist.,    99    Fed.    143. 

102.  Confirmatory  decree  i.s  conclusive. — 
A  confirmatory  decree  under  the  act  of 
1889  (Stats.  1889,  p.  212)  is  merely  evidence 
of  the  validity  of  the  organization  of  the 
district,  conclusive  only  so  long  as  it  Is 
unimpeached,  and  a  suit  to  set  it  aside  for 
fraud  is  an  attack  only  upon  the  evidence 
of  such  judgment,  and  not  a  direct  attack 
upon  the  validity  of  the  organization  of 
the  district. — People  v.  Perris  Irr.  Dist., 
142   Cal.    601,   76   Pac.    381. 


Act  2258 


GBNERAL.  LAWS. 


1230 


103.  Jndgnnent  Is  a  bar. — A  Judgment  In 
an  action  under  the  act  of  1889  (Stats.  1889. 
p.  212)  rendered  upon  constructive  service 
is  a  bar  to  a  suit  to  enjoin  the  sale  of  the 
bonds  of  the  district  brought  by  one  con- 
structively served,  and  mere  defects  in 
the  organization  can  not  be  reviewed  in 
such  suit. — Crall  v.  Poso  Irr.  Dist.,  87  Cal. 
141,    26    Pac.   797. 

104.  Impeached  for  (rand  only. — A  con- 
firmation decree  can  only  be  impeached  for 
fraud  in  a  direct  proceeding  for  the  pur- 
pose.— People  ex  rel  Fogg  v.  Perris  Irr. 
Dist.,  132  Cal.   289,   64   Pac.   399,  773. 

105.  Validity  of  proceedings  does  not 
depend  on  decree. — The  validity  of  the  pro- 
ceedings for  the  organization  of  a  district 
does  not  depend  upon  the  decree  of  con- 
firmation under  the  act  of  1889  (Stats.  1889, 
p.  212),  but  upon  the  regularity  of  the  pro- 
ceedings under  the  Wright  act. — People  v. 
Perris  Irrigation  Dist.,  142  Cal.  601,  76  Pac. 
381. 

10.'>a.  Necessarily  involves  inquiry  Into 
validity  of  original  organization. — An  ad- 
judication under  the  confirmatory  act  of 
1889  (Stats.  1889,  p.  212)  necessarily  in- 
volved and  required  an  inquiry  into  the 
validity  of  the  original  organization. — Fogg 
v.  Perris  Irr.  Dist.,  154  Cal.  209,  97  Pac. 
316;  People  v.  Perris  Irr.  Dist.,  154  Cal.  209, 
97  Pac.  316. 

106.  First  decree  void,  second  decree. — 
If  it  be  conceded  that  a  first  confirmatory 
decree,  confirming  the  validity  of  the  pro- 
ceedings up  to  a  certain  point,  is  void,  a 
second  valid  decree  conclusively  adjudicat- 
ing and  establishing  the  validity  of  the 
proceedings  to  organize  the  district  and  to 
issue  and  sell  the  bonds  thereof,  as  weU  as 
the  legal  existence  of  the  district  under  the 
Wright  act,  will  protect  the  bondholders 
under  the  first  decree,  as  effectively  as 
would  that  decree,  and  will  render  harmless 
any  error  of  the  court  in  holding  the  first 
decree  valid. — Fogg  v.  Perris  Irr.  Dist.,  154 
Cal.  209,  97  Pac.  316;  People  v.  Perris  Irr. 
Dist.,  154   Cal.    209,   97   Pac.   316. 

107.  Void  bonds  can  not  be  confirmed. — 
Void  bonds  of  an  irrigation  district  can 
not  be  confirmed  in  a  proceeding  under  the 
act  of  1889  (Stats.  1889,  p.  212),  and  a  judg- 
ment of  conformation  in  such  a  proceed- 
ing is  itself  void  for  want  of  jurisdiction. 
— Stimson  v.  Allessandro  Irr.  Dist.,  135  Cal. 
389,  67  Pac.  496.  1034. 

lOS.  Rights  of  purchasers  in  good  faith 
of  bonds  afterwards  declared  in  confirma- 
tory proceedings  null  and  void. — Where 
bonds  of  an  irrigation  district  were  issued 
and  sold  to  bona  fide  purchasers,  and  after- 
wards in  a  proceeding  under  the  confirma- 
tion act  the  organization  of  the  district 
was  held  illegal  and  void,  the  rights  of  such 
purchasers  will  be  left  for  determination 
in  a  proper  action  to  which  they  may  bo 
parties. — In  re  Central  Irr.  Dist.,  117  Cal. 
382.   49   Pac.   354. 

108a.  Riglits  of  purchasers  in  good 
faith  protected. — Where  an  irrigation  dis- 
trict  was   properly   organized,    and    the    is- 


sue of  the  bonds  were  within  the  author- 
ity of  the  board,  and  the  only  question  in 
an  attack  upon  their  validity  related  to 
certain  irregularities  in  the  records  and  in 
conducting  the  elections,  purchasers  of  the 
bonds  "without  any  notice  whatever"  of  any 
informity  in  said  bonds,  or  of  any  irregu- 
larity or  fraud  connected  with  the  issuance 
thereof,  are  protected  from  such  irregu- 
larities.— Baxter  v.  Vineland  Irr.  Dist.,  136 
Cal.   185.   68  Pac.    601. 

108b.  Assessments  to  pay  Interest  on 
bonds  confirmed  by  act,  but  decree  set  aside 
eight  years  after. — Where  bonds  of  an  irri- 
gation district  were  confirmed  in  1890,  and 
the  confirmation  decree  was  not  set  aside 
until  eight  years  later,  valid  assessments 
might  be  levied  to  pay  interest  on  bonds 
that  had  passed  into  the  hands  of  bona  fide 
holders  in  the  Interval. — Haese  v.  Heitzeg, 
159  Cal.  569,  114  Pac.  816. 

VII.  ACTIONS. 
a.  Parties. 
100.  One  who  took  bonds  with  knovrl- 
edge  of  Invalidity. — One  who  knew  at  the 
time  he  took  the  bonds  of  an  irrigation 
district  that  they  were  issued  in  violation 
of  the  Wright  act  can  not  maintain  a  suit 
upon  same. — Leeman  v.  Perris  Irr.  Dist., 
140  Cal.   540,   74   Pac.   24. 

110.  District   necessary  party,   when. — In 

an  action  to  restrain  the  levy  of  an  assess- 
ment to  pay  illegal  bonds  of  an  irrigation 
district  and  to  restrain  further  issue  of 
bonds,  the  district  is  a  proper  and  a  neces- 
sary party,  and  the  directors  are  proper 
parties  for  the  purpose  of  reaching  and  re- 
straining the  corporation. — Sechrist  v. 
Rialto  Irr.  Dist.,  129  Cal.  640,  62  Pac.   261. 

111.  Collector  represents  the  district  for 
defensive  purposes,  not  for  affirmative  re- 
lief.— In  an  action  by  landowners  against 
the  collector  to  enjoin  him  from  selling 
land  for  an  unpaid  assessment  to  pay  in- 
terest on  bonds,  the  collector  represents 
the  district  for  defensive  purposes  alone, 
and  not  for  the  purpose  of  affirmative  re- 
lief; nor  can  the  intervening  bondholders 
because  of  their  interest  in  the  success  of 
the  defendant,  have  afllrmative  relief  upon 
a  cross-complaint  seeking  to  enforce  a  lien 
against  the  lands. — Boscowitz  v.  Thompson, 
144  Cal.   724,   78   Pac.   290. 

113.  Bondholders  not  necessary  parties, 
when. — The  bondholders  were  not  necessary 
parties  in  an  action  to  cancel  tax  sales  of 
land  sold  to  pay  interest  assessments  on 
the  bonds,  attacking  the  validity  of  the 
bonds,  but  they  had  such  an  interest  as 
made  them  proper  parties,  especially  as 
they  alleged  that  the  defendants  would  not 
defend  the  action  in  good  faith. — Baxter  v. 
Vineland  Irr.  Dist.,  136  Cal.  185,  68  Pac. 
601. 

112a.  District  as  a  party. — ^Under  the 
provisions  of  section  14  of  the  Wright  act 
giving  the  directors  of  a  district  the  right 
to  "appear  and  defend"  Implies  the  lia- 
bility to  be  sued. — Boehmer  v.  Big  Roclt 
Irr.  Dist.,  117  Cal.  19,  49  Pac.  908. 


1231 


IRRIGATION  AND  IRRIGATION  DISTRICTS. 


Act  2259 


b.    Complaint. 

113.  Eminent  domain  proceedings  to 
condemn  pipe  line  sufficiently  alleges  exis- 
tence of  public  use. — Complaint  in  eminent 
domain  proceedings  to  condemn  a  right  of 
way  for  a  pipe  line  for  an  irrigating  dis- 
trict held  sufficient  to  show  a  public  use. — 
Rialto  Irr.  Dlst.  v.  Brandon,  103  Cal.  384, 
87   Pac.   484. 

114.  Taxpayers  need  not  allege  demand 
upon  directors  to  bring  action. — The  tax- 
payers of  an  irrigation  district  are  not  re- 
quired to  make  demand  upon  the  directors 
to  bring  the  action  before  bringing  action 
to  cancel  the  bonds  of  the  district,  and 
need  not  allege  such  demand  in  their  com- 
plaint.— Sechrist  v.  Rialto  Irr.  Dist.,  129 
Cal.  640,   62  Pac.  261. 

115.  Fraud  must  be  pleaded  specifically. 
—If  a  landowner  relies  upon  fraud  to  set 
aside  the  order  of  the  board,  he  must  plead 
the  facts  constituting  the  fraud. — Board  of 
Directors,  etc.,  v.  Tregea,  88  Cal.  334,  26 
Pac.   237. 

c.  Burden  of  Proof. 

116.  Burden  on  plaintiff  in  action  to  can- 
cel tax  sales. — In  an  action  to  cancel  tax 
sales  of  land  sold  for  unpaid  assessments 
of  an  irrigation  company  to  pay  interest 
on  its  bonds,  the  burden  is  on  the  plain- 
tiff to  sustain  the  allegations  of  the  com- 
plaint.— Baxter  v.  Vineland  Irr.  Dist.,  136 
Cal.  185,   68   Pac.   601. 

d.     Judgment. 

117.  Lien  of  bondholders. — Whatever  lien 
the  bondliolders  may  have  against  the 
lands  in  an  irrigation  district  exists  by 
virtue  of  the  statute  under  which  the  bonds 
were  issued,  and  tlie  assessment  levied, 
and  not  by  reason  of  any  equity  in  their 
behalf,  or  by  virtue  of  any  contract  be- 
tween them,  and  a  court  of  equity  can  not 
decree  such  a  lien,  unless  the  statute  de- 
clares it,  and  provides  for  its  enforcement, 
in  which  case  it  can  only  be  enforced  in 
the  mode  provided. — Boskowitz  v.  Thomp- 
son,   144    Cal.    724,    78    Pac.    290. 

lis.  Injunction  against  sale  of  lands  for 
unpaid  assessments,  ^vitliout  adjudicating 
validity  of  assessment. — It  was  improper 
in  an  action  to  enjoin  the  sale  of  lands 
of  an  irrigation  district  brought  by  land- 
owners, who  were  contesting  the  validity 
of  the  assessment,  and  in  which  the  bond- 
holders were  intervening  and  seeking  af- 
firmative relief  by  declaring  a  lien  on  the 
land  for  the  interest  due  on  bonds  held  by 
them,  for  the  court  to  decree  that  so  much 
of  the  lands  be  sold  as  was  required  to  pay 
the  interest  on  the  bonds  held  by  the  in- 
terveners, without  determining  whether 
the  original  assessment  was  void,  and  dis- 
regarding the  rights  of  other  bondholders, 
who  did  not  intervene. — Boscowitz  v. 
Thompson,  144  Cal.  724,  78  Pac.  290. 

119.  Court  may  protect  bondholders  In 
action  to  cancel  bonds. — In  an  action  to  can- 
cel the  bonds  of  a  district,  where  the  di- 
rectors and  the  district  and  properly  made 
defendants,     the     court     may     protect     the 


equities    of    the    bondholders,    while    grant* 
ing    the    relief    sought. — Sechrist    v.    Rialt* 
Irr.  Dist.,  129  Cal.   640,   62  Pac.  261. 
e.    Execution. 

120.  Rule  not  applicable  to  lands  of  Irri- 
gation district. — The  principle  that  only  so 
much  of  the  property  of  a  quasi  public  cor- 
poration as  is  necessary  to  the  exercise  of 
the  quasi  public  functions  of  a  corporatioi 
are  exempt  from  execution,  does  not  applj 
to  the  lands  of  a  public  corporation  held, 
as  in  the  case  of  the  lands  of  an  irrigation 
district,  under  an  express  trust,  where  the 
land  can  not  be  sold,  nor  any  execution 
sale  made,  without  a  direct  violation  of  the 
terms  of  the  trust. — Tulare  Irr.  Dist.  v. 
Collins,  155  Cal.  440,  97  Pac.  1124. 

f.  Collateral  Attack. 

121.  Question  as  to  whether  district  de 
jure  or  de  facto  immaterial. — It  is  immate- 
rial whether  an  irrigation  district  organ- 
ized under  the  Wright  act  is  a  corporation 
de  jure  or  de  facto  upon  an  attack  upon  its 
organization  collaterally. — Quint  v.  Hoff- 
man,  103  Cal.   506,   37  Pac.   514,   777. 

122.  Supervisors  'want  of  jurisdiction, 
only  ground. — The  organization  of  an  irri- 
gation district  under  the  Wright  act  can 
not  be  collaterally  attacked  in  a  suit  to 
enjoin  the  sale  of  lands  for  an  assessment, 
on  the  ground  that  the  board  of  super- 
visors acted  without  jurisdiction  in  effect- 
ing such  organization. — Quint  v.  Hoffman, 
103   Cal.   506,   37   Pac.   514,   777. 

123.  Attack  on  validity  of  bonds  in  ac- 
tion to  cancel  sales  of  lands  for  delinquent 
assessment  to  pay  interest. — An  attack  upon 
the  validity  of  the  bonds  of  an  irrigation 
district,  in  a  suit  to  cancel  tax  sales  of 
land  sold  to  pay  an  assessment  for  interest 
on  the  bonds,  is  a  collateral  attack,  and  is 
not  changed  to  a  direct  attack  by  allega- 
tions of  the  bondholders  in  intervention 
that  they  were  purchasers  without  notice 
of  any  infirmity  in  the  bonds,  and  that  they 
were  in  fact  legal  and  valid  obligations  of 
the  district. — Baxter  v.  "Vineland  Irr.  Dist., 
136  Cal.   185,   68   Pac.   601. 

VII.    MISCELLANEOUS. 

124.  Po^ver  to  mortgage  implies  right  of 
foreclosure  and  sale. — Section  17  of  the 
Wright  act  purporting  to  authorize  the  di- 
rectors of  an  irrigation  district  to  mortgage 
or  convey  by  deed  of  trust,  all  the  prop- 
erty of  the  district  as  additional  security 
for  its  bonds  must  be  construed  to  imply 
the  right  of  foreclosure  and  sale,  and  not 
merely  as  authorizing  a  change  in  the  cus- 
todian of  a  public  use. — Merchants,  etc.. 
Bank  v.  Escondido  Irr.  Dist.,  144  Cal.  329, 
77   Pac.   937. 

125.  Power  of  eminent  broad  enough  to 
cover  condemnation  of  pipe  lines. — The  pro- 
visions of  the  Wright  act  relating  to  the 
condemnation  of  property,  are  broad  enough 
to  include  pipe  lines,  conduits,  flumes,  etc., 
for  the  purpose  of  conveying  water,  even 
though  not  necessarily  included  in  the 
terms  "ditches  and  canals." — Rialto  Irr. 
Dist.  V.  Brandon,  103  Cal.  384,  37   Pac.   484. 


Aef  22Ce,  e  1 


GENERAL.   I-AWS. 


1232 


126.  Duty  of  collector  to  turn  over 
money  collected. — It  Is  the  duty  of  the  col- 
lector of  an  irrigation  district  to  turn  over 
to  the  treasurer  the  money  collected  by 
him  for  assessments,  and  this  duty  Is  not 
affected  by  the  question  as  to  the  legality 
or  illegality  of  such  assessments. — Perry  v. 
Otay  Irr.   Dist.,   127  Cal.   565,   60   Pac.    40. 

127.  Claim  of  collector  for  salary  can  not 
be  set  oft'  ag-alnst  collection. — The  claim  of 
a  collector  of  an  irrigation  district  for 
salary  as  such  collector  can  only  be  paid 
out  of  the  treasury  of  the  district  after 
allowance  by  the  board  and  upon  a  warrant 
therefor  properly  drawn,  as  any  other 
claim. — Perry  v.  Otay  Irr.  Dist.,  127  Cal. 
565,    60   Pac.    40. 

12S.  Same. — The  collector  of  an  irriga- 
tion district  can  not  offset  the  amount  of 
his  unpaid  salary  as  such  collector  against 
the    amount    of    assessments    collected    by 


him. — Perry  v.  Otay  Irr.   Dist.,   127  Cal.   565, 
60    Pac.    40. 

129.  Assessed  owner  of  laud  not  entitled 
to  use  of  ■»vatcr  outside  of  district. — An  as- 
sessed owner  of  land  in  an  irrigation  dis- 
trict organized  under  the  Wright  act  is  not 
entitled  to  the  use  of  the  water  of  the  dis- 
trict on  lands  outside  the  district. — Jenison 
V.  Redflcld,  149  Cal.  500,  87  Pac.  62. 

130.  Rule  of  forfeiture  for  non-user  not 
apiilicablc  to  irrigation  districts. — The  rule 
as  to  forfeiture  of  charter  for  non-user  has 
no  application  to  a  public  corporation. — 
People  V.  Selma  Irr.  Dist.,  98  Cal.  206,  32 
Pac.   1047. 

131.  Powers  of  directors. — The  directors 
of  an  irrigation  district  have  only  the  pow- 
ers expressly  given  or  implied  as  necessary 
to  carry  out  the  purposes  of  the  act. — 
Stimson  v.  Allessandro  Irr.  Dist.,  135  Cal. 
389,   67   Pac.   496,   1034. 


"CALIFORNIA  IRRIGATION  DISTRICT  ACT"— "BRIDGEFORD  ACT." 
ACT  2266 — An  act  to  provide  for  the  organization  and  government  of  irrigation  dis- 
tricts, and  to  provide  for  the  acquisition  or  construction  therehy  of  works  for  the 
irrigation  of  the  lands  embraced  within  such  districts,  and,  also,  to  provide  for  the 
distribution  of  water  for  irrigation  purposes. 

History:  Approved  March  31,  1897,  Stats.  1897,  p.  254.  Amended 
(1)  March  28,  1901,  Stats.  1901,  p.  815;  (2)  February  28,  1905,  Stats. 
1905,  p.  27;  (3)  February  11,  1909,  Stats.  1909,  p.  12;  (4)  February  22, 
1909,  Stats.  1909,  p.  46;  "(5)  March  19,  1909,  Stats.  1909,  p.  429;  (6) 
March  19,  1909,  Stats.  1009,  p.  461;  (7)  April  19.  1909,  Stats.  1909,  p. 
998;  (8)  April  22,  1909,  Stats.  1909,  p.  1062  (9)  April  22,  1909,  Stats. 
1909,  p.  1075;  (10)  March  26,  1911,  Stats.  1911,  p.  509;  (11)  April  26, 
191],  Stats.  1911,  p.  1111;  (12)  January  2,  1912,  Stats.  1911  (ex.  sess.), 
p.  135;  (13)  January  2,  1912,  Stats.  1911  (ex.  sess.),  p.  139;  (14) 
January  25,  1912,  Stats.  1911  (ex.  sess.),  p.  248;  (15)  April  22,  1913; 
in  effect  August  10,  1913,  Stats.  1913,  p.  59;  (16)  June  13,  1913:  in 
effect  August  10,  1913,  Stats.  1913,  p.  781;  (17)  June  16,  1913;  in  effect 
August  10,  1913,  Stats.  1913,  p.  993;  (18)  May  26,  1915;  in  effect 
August  8,  1915,  Stats.  1915,  p.  836;  (19)  June  8,  1915;  in  effect  August  8, 
1915,  Stats.  1915,  p.  1291;  (20)  June  8,  1915;  in  effect  August  8,  1915, 
Stats.  1915,  p.  1326;  (21)  June  9,  1915;  in  effect  August  8,  1915,  Stats. 
1915,  p.  1367;  (22)  May  18,  1917;  in  effect  July  27,  1917,  Stats.  1917,  p. 
751;  (23)  May  24,  1917;  in  effect  July  27,  1917,  Stats.  1917,  p.  915; 
(24)  May  11,  1919;  in  effect  July  22,  1919,  Stats.  1919,  p.  472;  (25) 
May  16,  1919;  in  effect  July  22,  1919,  Stats.  1919,  p.  660;  (26)  May  16, 
1919,  Stats.  1919,  p.  714.  This  last  amendment  was  submitted  to  the 
people  by  referendum  at  the  general  election  of  November  2,  1920. 
and  adopted.     It  went  into  effect  December  9,  1920. 

ORGANIZATION. 
§  1.  A  majority  in  number  of  the  holders  of  title  or  evidence  of  title  to  lands  sus- 
ceptible of  irrigation  from  a  common  source  and  by  the  same  system  of  works,  including 
pumping  from  subsurface  or  other  waters,  such  holders  of  title  or  evidence  of  title  rep- 
resenting a  majority  in  value  of  said  lands,  may  propose  the  organization  of  an  irriga- 
tion district,  under  the  provisions  of  this  act;  or  the  organization  of  such  an  irrigation 
district  may  be  proposed  by  not  less  than  five  hundred  petitioners,  each  petitioner  to  the 
number  of  at  least  five  hundred  to  be  an  elector  residing  in  the  proposed  district  or  the 
holder  of  title  or  evidence  of  title  to  land  therein;  provided,  that  the  said  petitioners 
must  include  the  holders  of  title  or  evidence  of  title  to  not  less  than  twenty  per  cent  in 
value  of  the  lands  included  within  the  proposed  district.  The  lands  proposed  to  be 
included  Avithin  any  such  irrigation  district  need  not  consist  of  contiguous  parcels.  Any 
holder  of  land  under  a  possessor^'  right  acquired  by  entry  or  purchase  from  the  United 


i 


1233  IRRIGATION  AlVD  IRRIGATION  DISTRICTS.  Act  2266,  §  2 

States  or  the  state  of  California  shall  be  deemed  to  be  a  holder  of  evidence  of  title  to 
said  land  within  the  meaning  of  this  act.  The  county  assessment  roll  of  the  county  in 
which  any  lands  included  within  such  proposed  irrigation  district  are  situated,  which 
assessment  roll  has  been  last  equalized  at  the  time  of  the  first  publication  of  said  peti- 
tion as  provided  in  section  two  of  this  act,  shall  be  conclusive  evidence  as  to  the  value 
of  said  lands  and  the  holders  of  title  or  evidence  of  title  to  said  lands.  If  any  parcel 
of  land  is  assessed  on  any  assessment  roll  to  unknown  or  fictitiously  named  owners,  or 
to  unnamed  owners  in  addition  to  any  owner  or  owners  named  thereon,  said  parcel  of 
land  shall  be  deemed  for  any  of  the  purposes  of  this  act,  to  have  but  one  owner  in  addi- 
tion to  any  owner  or  owners  whose  true  name  or  names  may  be  purported  to  be  given 
on  such  assessment  roll.  The  holder  of  title  or  evidence  of  title  to  an  undivided  inter- 
est in  any  land  affected  by  any  of  the  provisions  of  this  act  may  sign  any  petition  pro- 
vided for  in  this  act,  and  such  undivided  interest  shall  be  counted  and  valued  as  though 
it  were  a  separate  interest,  and  if  the  assessment  roll  shall  fail  to  indicate  the  extent 
of  any  such  undivided  interest,  the  holders  of  title  or  evidence  of  title  whose  undivided 
interests  in  any  land  are  not  specifically  defined  shall  be  deemed  to  have  equal  shares 
therein.  Guardians,  executors,  administrators  or  other  persons  holding  property  in  a 
trust  capacity  under  appointment  of  court  may  sign  any  petition  provided  for  in  this 
act,  when  authorized  by  an  order  of  court,  which  order  maj^  be  made  without  notice.  A 
certificate  of  acknowledgment  taken  before  a  notary  public  or  justice  of  the  peace  of 
any  state,  or  an  affidavit  by  any  person  in  the  presence  of  whom  such  petition  was 
signed,  shall  be  sufficient  evidence  of  the  genuineness  of  such  signature  and  of  the  fact 
of  place  of  residence  of  any  i^etitioners  under  this  act.  [Amendment  of  May  16,  1919. 
Stats.  1919,  p.  714.  Submitted  by  referendum  at  the  general  election  of  November  2. 
1920,  and  adopted;  in  effect  December  9,  1920.] 

This  section  was  also  amended  March  26,   1911,  Stats.   1911,  p.   509;  June  9,   1915,   Stats. 
1915,  p.  1367;  May  18,  1917.  Stats.  1917,  p.  751. 

$  2.  In  order  to  propose  the  organization  of  an  irrigation  district,  a  petition  signed 
by  the  requisite  majority  of  holders  of  title  or  evidence  of  title  to  lands  within  the  pro 
posed  district  or  by  at  least  five  hundred  petitioners,  as  provided  in  section  one  of  this 
act,  shall  be  presented  to  the  board  of  supervisors  of  the  county  in  which  the  lands 
within  the  proposed  district,  or  the  greater  portion  thereof,  are  situated.  Said  petition 
shall  set  forth  generally  the  boundaries  of  the  proposed  district  and  also  shall  state  gen- 
erally the  source  or  sources  (which  may  be  in  the  alternative)  from  which  said  lands 
are  proposed  to  be  irrigated,  and  shall  pray  that  the  territory  embraced  within  the 
boundaries  of  the  proposed  district  may  be  organized  as  an  irrigation  district  under  the 
provisions  of  this  act.  The  petition  may  consist  of  any  number  of  separate  instruments, 
and  must  be  accompanied  with  a  good  and  sufficient  undertaking,  to  be  approved  by  the 
board  of  supervisors,  in  double  the  amount  of  the  probable  cost  of  organizing  such  dis- 
trict, conditioned  that  the  sureties  shall  pay  all  of  said  costs  in  case  said  organization 
shall  not  be  effected.  Said  petition  shall  be  presented  at  a  regular  meeting  of  said 
board  and  shall  be  published  for  at  least  two  weeks  before  the  time  at  which  the  same 
is  to  be  presented  in  some  newspaper  of  general  circulation  printed  and  published  in 
the  county  where  said  petition  is  presented  together  with  a  notice  stating  the  time  of 
the  meeting  at  which  the  same  will  be  presented ;  and  if  any  portion  of  the  lands  within 
said  proposed  district  lie  within  another  county  or  counties,  then  said  petition  and 
notice  shall  be  published,  as  above  provided,  in  a  newspaper  published  in  each  of  said 
counties.  When  contained  upon  more  than  one  instrument,  one  copy  only  of  such  peti- 
tion need  be  published,  but  the  names  attached  to  all  of  said  instruments  must  appear 
in  such  publication.  On  or  before  the  day  on  which  said  petition  is  presented  to  said 
board  of  supervisors,  a  copy  of  said  petition  shall  be  filed  in  the  office  of  the  state  engi- 
neer.    Signatures  to  the  petition  may  be  Avilhdrawn  at  any  time  before  the  publication 

Gen.  Laws — 78 


Act  22M  GENERAL,   LAWS.  1234 

is  commenced  as  in  this  section  required,  by  filing  a  declaration,  signed  by  the  petitioner, 
with  the  board  of  supervisors  before  which  the  petition  is  to  be  presented,  stating  that 
it  is  the  intention  of  the  petitioner  to  withdraw  therefrom,  which  declaration  shall  be 
acknowledged  in  the  same  manner  as  conveyances  of  real  estate  are  required  to  be 
acknowledged.  When  said  petition  is  presented,  said  board  of  supervisors  shall  hear 
the  same  and  shall  proceed  to  determine  whether  or  not  said  petition  complies  with  the 
requirements  hereinbefore  set  forth  and  whether  or  not  the  notice  required  herein  has 
been  published  as  required,  and  must  hear  all  competent  and  relevant  testimony  offered 
in  support  of  or  in  opposition  thereto.  Said  hearing  may  be  adjourned  from  time  to 
time  for  the  determination  of  said  facts,  not  exceeding  two  weeks  in  all.  No  defect  in 
the  contents  of  the  petition  or  in  the  title  to  or  form  of  the  notice  or  signatures,  and 
no  lack  of  signatures  thereto,  or  to  the  petition  as  published,  shall  vitiate  any  proceed- 
ings thereon;  provided,  such  petition  or  petitions  have  a  suflfieient  number  of  qualified 
signatures  attached  thereto.  The  determination  of  the  board  shall  be  expressed  by 
resolution.  If  it  shall  determine  that  any  of  the  requirements  hereinbefore  set  forth 
have  not  been  complied  with,  the  matter  shall  be  dismissed,  but  without  prejudice  to 
the  right  of  the  proper  number  of  persons  to  present  a  new  petition  covering  the  same 
matter  or  to  present  the  same  petition  with  additional  signatures,  if  such  additional 
signatures  are  necessary  to  comply  with  the  requirements  of  this  act.  If  the  board  of 
supervisors  shall  determine  that  the  petitioners  have  complied  with  the  requirements 
hereinbefore  set  forth,  it  shall  cause  a  copy  of  the  resolution  so  declaring  to  be  for- 
warded to  the  state  engineer.  Upon  receiving  a  copy  of  said  resolution,  the  state  engi- 
neer shall  make  or  cause  to  be  made  such  preliminary  investigation  as  may  be  prac- 
ticable, with  a  view  to  determining  the  feasibility  of  the  project  proposed  to  be  under- 
taken. He  shall  report  as  soon  as  practicable,  but  at  all  events  within  ninety  days  from 
the  date  of  the  adoption  of  the  said  resolution,  in  writing,  on  the  matter  to  the  board 
of  supervisors  from  which  the  copy  of  said  resolution  was  received,  except  that  upon 
receiving  a  written  request  from  the  state  engineer,  the  board  of  supervisors  may  at  any 
meeting  before  the  expiration  of  said  ninety  days  grant  to  the  state  engineer  not  more 
than  ninety  days  additional  time  in  which  to  make  said  report.  If  the  state  engineer 
shall  report  within  the  time  specified  herein  that  the  supply  of  water  available  for  the 
use  of  the  proposed  district,  or  that  may  be  acquired  by  any  practicable  means,  includ- 
ing the  condemnation  of  existing  rights,  is  not  sufficient  or  that  the  project  is  not  fea- 
sible for  any  other  reason  or  reasons,  the  hearing  of  the  matter  shall  be  continued  for 
not  more  than  two  months  and  shall  then  be  dismissed  unless  the  board  of  supervisors 
shall  be  petitioned  in  writing  by  three-fourths  of  the  holders  of  title  or  evidence  of 
title  to  land  within  said  proposed  district  to  gn^ant  said  petition;  provided,  that  if  the 
board  of  supervisors  is  not  so  petitioned,  it  may  modify  the  plans  for  the  proposed  dis- 
trict in  accordance  with  recommendations  by  the  state  engineer.  If  after  receiving  an 
adverse  report  from  the  state  engineer  the  board  of  supervisors  shall  be  petitioned  as 
aforesaid  or  shall  decide  to  modify  the  plans  for  the  proposed  district  in  accoi'dance 
with  recommendations  by  the  state  engineer,  it  shall,  at  the  time  to  which  the  hearing  of 
said  matter  shall  have  been  continued,  set  a  time  for  the  final  hearing  thereof.  If  the 
continuance  of  the  matter  is  not  compelled  by  an  adverse  report  as  aforesaid,  the  board 
of  supervisors,  at  its  first  regular  meeting  after  the  receipt  of  a  report  from  the  state 
engineer,  or  at  the  first  regular  meeting  after  the  expiration  of  the  time  allowed  for 
the  making  of  such  report  if  no  such  report  has  been  received,  shall  set  a  time  for  a  final 
hearing  of  the  matter.  In  any  case  the  time  set  for  the  final  hearing  as  aforesaid  shall 
not  be  less  than  one  week  from  the  meeting  at  which  said  time  was  set;  provided,  that 
notice  of  the  time  of  such  final  hearing  shall  be  given  by  registered  mail  to  such  party 
as  shall  have  been  designated  for  that  purpose  by  the  petitioners,  or  by  publication  for 
at  least  three  days  in  one  daily  newspaper  published  in  the  county  in  which  the  lands 


i 


1235  IRRIGATION  AND  IRRIGATION  DISTRICTS.  Act  2266. 8§  2a-4 

within  the  proposed  district,  or  the  greater  portion  thereof  are  situated,  A  failure  to 
g^ve  such  last  mentioned  notice,  however,  shall  not  affect  the  validity  of  subsequent 
proceedings.  On  a  final  hearing  herein  provided  for,  the  board  may  adjourn  from  time 
to  time,  but  at  no  time  for  a  longer  period  than  three  days  until  a  determination  of 
the  matter  is  reached.  On  said  final  hearing  said  board  shall  make  such  changes  in  the 
proposed  boundaries  as  it  may  deem  advisable  and  shall  define  and  establish  such  bound- 
aries, but  said  board  shall  not  modify  said  boundaries  so  as  to  exclude  from  such  pro- 
posed district  any  territory  which  is  susceptible  of  irrigation  from  any  of  the  sources 
proposed,  unless  said  board  shall  decide  to  modifj'  the  plan  for  such  proposed  district, 
as  herein  provided,  nor  shall  any  lands  which  will  not,  in  the  judgment  of  said  board,  p*^ 
benefited  by  irrigation  by  means  of  said  systems  or  works  be  included  within  such  pro- 
posed district.  Lands  already  irrigated  and  riparian  lands  may  be  included  in  the  dis- 
trict if  in  the  judgment  of  the  board  of  supervisors  such  land  will  be  benefited,  or  if 
■*he  water  used  thereon  or  the  rights  to  the  use  of  water  thereon  should,  in  the  judg- 
ia,ant  of  the  board  of  supervisors,  be  taken  or  acquired  for  the  district.  Any  person 
whose  lands  are  susceptible  of  irrigation  from  any  of  the  proposed  sources  may,  upon 
iis  application,  in  the  discretion  of  said  board,  have  such  lands  included  within  said 
proposed  district.  [Amendment  of  May  16,  1919,  Stats.  1919,  p.  714;  submitted  on 
referendum  at  the  general  election  of  November  2,  1920,  and  adopted.  In  effect  Decem- 
ber 9,  1920.] 

This  section  was  amended  February  11,  1909,  Stats.  1909,  p.  12;  Ma-rch  26,  1911,  Stats 
1911.  p.  509;  June  13,  1913,  Stats.  1913,  p.   993;  May  18,  1917,  Stats.   1917,  p.  751. 

Duty  of  state  engineer. 

§  2a.  The  state  engineer  shall  have  authority,  and  it  shall  be  his  duty,  to  give  in- 
formation so  far  as  may  be  practicable  to  persons  contemplating  the  organization  of 
irrigation  districts  under  the  provisions  of  this  act.  Whenever  the  department  of  engi- 
neering shall  deem  it  in  the  public  interest  that  preliminary  surveys  and  field  investiga- 
tions of  proposed  irrigation  district  projects  shall  be  made  at  the  expense  of  the  state, 
the  state  engineer  shall  make  such  surveys  and  field  investigations  of  such  proposed  irri- 
gation district  projects,  and,  pending  the  completion  of  such  surveys  and  investigation, 
the  state  water  commission  shall  have  authority  to  withhold  from  appropriation  any 
unappropriated  waters  likely  to  be  needed  therefor.  [New  section  added  May  19, 1917. 
[n  effect  July  27,  1917.    Stats.  1917,  p.  755.] 

Order  reaffirming  conclusions. 

§  3.  Upon  the  final  hearing  of  said  petition  or  said  matter,  the  board  of  supervisors 
shall  make  an  order  reaffirming  its  conclusions  as  to  the  genuineness  and  sufficiency  of 
the  petition  and  notice  hereinbefore  provided  for,  reciting  that  a  report  regarding  the 
proposed  district  has  been  made  by  the  state  engineer  and  is  on  file  with  the  other 
records  of  the  board,  and  describing  the  boundaries  of  the  proposed  district  as  defined 
and  established  by  said  board.  Said  order  shall  be  entered  in  full  upon  the  minutes  of 
said  board.  At  said  final  hearing  no  evidence  shall  be  heard  against  the  genuineness  or 
suflBciency  of  said  petition  or  notice  unless  it  shall  be  shown  to  the  satisfaction  of  said 
board  that  new  evidence  which,  if  uncontradicted,  would  disprove  the  genuineness  or 
sufficiency  of  said  petition  or  notice  has  been  discovered  since  said  board  adopted  the 
resolution  declaring  that  said  petition  and  notice  complied  with  all  the  requirements  of 
this  act.  In  case  any  new  evidence  is  admitted,  full  opportunity  shall  be  given  for  the 
introduction  of  evidence  in  rebuttal  thereof.  [Amendment  approved  June  16,  1913, 
Stats.  1913,  p.  996.] 

Finding  of  board  to  be  conclusive. 

§  4.  A  finding  of  the  board  of  supervisors  in  favor  of  the  genuineness  and  suffi- 
ciency of  the  petition  and  notice  shall  be  final  and  conclusive  against  all  persons  ezc^t 


Act  2200.  8§  5-9  GKM-RAI.    LAWS.  1230 

the  state  of  California  upon  suit  conimonced  by  the  attorney  general.  Any  such  suit 
must  be  couimenced  within  one  year  after  the  order  of  the  board  of  supervisors  declaring 
such  district  organized  as  herein  provided,  and  not  otherwise.  [Amendment  approved 
January  2,  1012.     Stats.  1911,  p.  139,  extra  session.] 

Division  in  districts,  and  election  of  directors. 

^  5.  If,  on  said  final  hearing,  the  boundaries  of  the  proposed  district  are  defined  and 
established,  said  board  shall  make  an  order  dividing  said  district  into  five  divisions,  as 
nearly  equal  in  size  as  may  be  practicable,  which  shall  be  numbered  first,  second,  third, 
fourth  and  fifth,  and  one  director  shall  be  elected  for  each  division  by  the  electors 
thereof;  provided,  that  if  so  requested  in  said  petition,  the  board  may  order  that  there 
shall  be  only  three  divisions  in  said  district,  and  that  only  three  directors  be  elected, 
and  that  the  directors  may  be  elected  by  the  district  at  large,  or  by  divisions,  as  such 
petition  shall  provide,  but  in  any  event  such  directors  shall  be  elected  to  represent  sep- 
arate divisions  and  shall  be  residents  of  the  respective  divisions  they  are  elected  to 
represent.  [Amendment  of  June  9,  1915.  In  effect  August  8,  1915.  Stats.  1915, 
p.  13G8.] 

Election  on  organization.    Publication  of  notice. 

^  6.  Said  board  of  supervisors  shall  then  give  notice  of  an  election  to  be  held  in  such 
proposed  district,  for  the  purpose  of  determining  whether  or  not  the  same  shall  be 
organized  under  the  provisions  of  this  act.  Such  notice  shall  describe  the  boundaries 
so  established,  and  shall  designate  a  name  for  the  proposed  district,  and  said  notice 
shall  be  published  for  at  least  three  weeks  previous  to  such  election,  in  a  newspaper 
published  within  the  county  in  which  the  petition  for  the  organization  of  the  proposed 
district  was  presented;  and  if  any  portion  of  such  proposed  district  is  within  another 
county  or  counties,  then  such  notice  shall  be  published  for  the  same  length  of  time  in  a 
newspaper  published  in  each  of  said  counties.  Such  notice  shall  require  the  electors  to 
cast  ballots,  which  shall  contain  the  words  "Irrigation  District — Yes,"  or  "Irrigation 
District — No,"  or  words  equivalent  thereto,  and  also  the  names  of  persons  to  be  voted 
for  at  said  election.  For  the  purposes  of  said  election  the. board  of  supervisors  must 
establish  a  convenient  number  of  election  precincts  in  said  proposed  district,  and  define 
the  boundaries  of  the  same.  Such  election  shall  be  conducted  as  nearly  as  practicable 
in  accordance  with  the  general  election  laws  of  the  state,  but  no  particular  form  of 
ballot  shall  be  required. 

Officers  to  be  elected.    Consolidation  of  offices. 

§  7.  At  such  election  there  shall  be  elected  a  board  of  directors,  and  an  assessor, 
tax  collector,  and  treasurer;  provided,  that  where  a  consolidation  of  ofScers  as  herein- 
after provided  for  is  deemed  advisable  in  the  organization  of  a  district,  the  petitioners 
may  request  in  their  petition  for  organization  such  consolidation,  and  the  board  of 
supervfsors  calling  the  election  shall  in  its  order  therefor  announce  such  consolidation, 
and  then  only  one  person  shall  be  elected  to  fill  the  several  offices  so  consolidated. 

Qualifications  of  electors. 

^  8.  No  pei-son  shall  be  entitled  to  vote  at  any  election  held  under  the  provisions 
of  this  act  unless  he  possesses  all  the  qualilications  required  of  electors  under  the  gen- 
eral election  laws  of  the  state. 

^  9.  The  board  of  supervisors  shall  meet  on  the  second  Monday  succeeding  such  elec- 
tion, and  shall  proceed  to  canvass  the  votes  cast  thereat,  and  if  upon  such  canvass  it 
appears  that  a  majority  of  all  the  votes  cast  are  "irrigation  district — ^yes, "  said  board 
shall,  by  an  order  entered  on  its  minutes,  declare  the  territory  duly  organized  as  an 
irrigation  district,  under  the  name  theretofore  designated,  and  shall  declare  the  per- 


12S7  IRRIGATION  AXD  IRRIGATION  DISTRICTS.  Act  22C6,  §§  10-14 

sons  receiving  respectively  the  highest  number  of  votes  at  said  election  to  be  duly- 
elected.  [Amendment  of  May  26,  1919,  Stats.  1919,  p.  714.  Submitted  on  referendum 
at  the  general  election  of  November  2,  1920.    In  effect  December  9,  1920.] 

Order  to  "be  filed  with  county  recorder.    Organization  complete  when. 

$  10.  Said  board  shall  then  cause  a  copy  of  such  order,  duly  certified,  to  be  imme- 
diately filed  for  record  in  the  office  of  the  county  recorder  of  any  county  in  which  any 
portion  of  the  lands  embraced  in  such  district  are  situated,  and  must  also  immediately 
forward  a  copy  thereof  to  the  clerk  of  the  board  of  supervisors  of  each  of  said  last- 
mentioned  counties,  and  no  board  of  supervisors  of  any  county  in  which  any  portion 
of  the  lands  embraced  in  such  district  are  situated  shall,  after  the  date  of  the  organiza- 
tion thereof,  allow  another  district  to  be  formed  including  any  portion  of  said  lands, 
without  the  consent  of  the  board  of  directors  of  the  district  in  which  they  are  situated. 
From  and  after  such  filing,  the  organization  of  such  district  shall  be  complete. 

Election  may  T>e  contested.    Appeal. 

§  11.  Such  election,  on  organization,  may  be  contested  by  any  person  owning  prop- 
erty within  the  proposed  district  liable  to  assessment.  The  directors  elected  at  such 
election  shall  be  made  parties  defendant.  Such  contest  shall  be  brought  in  the  supe- 
rior court  of  the  county  where  the  petition  for  organization  is  filed;  provided,  that  if 
more  than  one  contest  be  pending  they  shall  be  consolidated  and  tried  together.  The 
court  having  jurisdiction  shall  speedily  try  such  contest,  and  determine,  upon  the  hear- 
ing, whether  the  election  was  fairly  conducted  and  in  substantial  compliance  with  the 
requirements  of  this  act,  and  enter  its  judgment  accordingly.  Such  contest  must  be 
brought  within  twenty  days  after  the  canvass  of  the  vote  and  declaration  of  the  result 
by  the  board  of  supervisors.  The  right  of  appeal  is  hereby  given  to  either  party  to 
the  record  within  thirty  days  from  entry  of  judgment.  The  appeal  must  be  heard  and 
determined  by  the  supreme  court  within  sixty  days  from  the  time  of  filing  the  notice 
of  appeal. 

Tenure  of  of&ce. 

1^  12.  The  officers  elected  at  the  election  hereinbefore  provided  for  shall  immediately 
enter  upon  their  di;ties  as  such,  upon  qualifying  in  the  manner  for  such  officers  herein 
provided.  Said  officers  shall  hold  office  respectively  until  their  successors  are  elected 
and  qualified. 

DUTIES  AND  POWERS  OF  THE  BOAED  OF  DIRECTORS. 
Duties  and  powers  of  board  of  directors.     Organization.     Salary  of  secretary. 

^  13.  The  directors  of  any  district  created  after  the  passage  of  this  act,  on  the  first 
Tuesday  after  their  election,  after  they  shall  have  qualified,  shall  meet  and  classify 
themselves  by  lot  into  two  classes,  as  nearly  equal  in  number  as  possible,  and  the  term 
of  office  of  the  class  having  the  greater  number  shall  expire  at  the  next  general  Feb- 
ruary election  in  this  act  provided  for;  and  the  term  of  office  of  the  class  having  the 
lesser  number  shall  terminate  at  the  next  general  February  election  thereafter.  After 
such  classification,  said  directors  shall  organize  as  a  board,  shall  elect  a  president 
from  their  number,  and  appoint  a  secretary,  Avho  shall  each  hold  office  during  the 
pleasure  of  the  board.  The  salary  of  the  secretary  and  the  amount  of  the  bond  to  be 
given  by  him  for  the  faithful  performance  of  his  duties  shall  be  fixed  by  the  board  of 
directors. 

Board  of  directors,  monthly  meetings.     Special  meetings.    Quorum. 

^14.  The  board  of  directors  shall  hold  a  regular  meeting  on  the  first  Tuesday  of 
each  month  at  the  place  selected  as  the  office  of  the  board;  provided,  tliat  the  board 
may,  by  resolution  duly  entered  upon  its  minutes,  fix  any  other  time  as  the  time  for  its 


Afl22C«.efl  14n.  15  GENERAL   LAWS.  1238 

rojrular  monthly  meeting,  but  no  change  in  the  time  of  holding  regular  meetings  of  the 
board  shall  be  made  until  after  the  resolution  proposing  such  change  has  been  pub- 
lished once  a  week  for  two  successive  weeks  in  a  newspaper  published  in  the  county 
in  which  the  ofliee  of  the  district  is  kept.  Such  special  meetings  of  the  board  of  direc- 
tors may  be  held  as  may  be  required  for  the  proper  transaction  of  the  business  of  the 
district,  but  a  special  meeting  must  be  ordered  by  a  majority  of  the  board.  The  order 
must  be  entered  of  record,  and  five  days  notice  thereof  must  by  the  secretaiy  be  given 
to  each  director  not  joining  in  the  order.  The  order  must  specify  tlie  business  to  be 
transacted,  and  no  other  business  than  that  specified  in  the  order  may  be  transacted 
at  such  .special  meeting,  unless  all  the  members  are  present  and  consent  to  the  con- 
sideration of  any  business  not  specified  in  said  order.  All  meetings  of  the  board  must 
be  public  and  three  members  shall  constitute  a  quorum  for  the  transaction  of  business; 
provided,  however,  that  when  the  board  consists  of  three  members  only,  then  in  such 
case  two  shall  constitute  a  quorum  for  the  transaction  of  business,  but  on  all  questions 
requiring  a  vote,  except  a  motion  to  adjourn  or  a  motion  to  adjourn  to  a  stated  time, 
there  shall  be  a  concurrence  of  at  least  the  number  constituting  a  quorum.  A  smaller 
number  of  directors  than  a  quorum  may  adjourn  from  day  to  day.  All  records  of  the 
board  shall  be  open  to  public  inspection  during  business  hours.  Whenever  any  act  is 
required  to  be  done  or  proceeding  taken  by  this  act,  or  by  an  act  supplemental  or 
amendatory  thereto,  on  the  first  Tuesday  in  any  month,  such  act  may  be  done  or  pro- 
ceeding liad  upon  the  day  specified  in  the  resolution  hereinbefore  referred  to  as  the 
time  for  the  regular  meeting  of  the  board  of  directors;  provided,  also,  that  when  a  day 
other  than  the  first  Tuesday  in  the  month  shall  have  been  specified  as  the  time  for  the 
regular  meeting  of  the  board  of  directors,  thereafter  the  newly  elected  officers  of  the 
district  shall  take  office  at  noon  on  the  day  fixed  for  the  regular  monthly  meeting  of 
said  board  in  March  and  said  board  shall  meet  for  reorganization  and  the  transaction 
of  any  other  business  of  the  district  in  the  afternoon  of  said  day.  [Amendment  of 
May  19,  1917.     In  effect  July  27,  1917.     Stats.  1917,  p.  756.] 

This  section  was  also  amended  April  19,  1909.  Stats.  1909,  p.  998. 

Publication  of  financial  condition. 

^  14a.  The  board  of  directors  at  their  regular  monthly  meeting  in  January  of  each 
vear  shall  render  and  immediately  thereafter  cause  to  be  published  a  verified  state- 
ment of  the  financial  condition  of  the  district,  showing  particularly  the  receipts  and 
disbursements  of  the  last  preceding  year,  together  with  the  source  of  such  receipts  and 
purpose  of  such  disbursements.  Said  publication  shall  be  made  at  least  once  a  week 
for  two  weeks,  in  some  newspaper,  published  in  the  county  where  the  office  of  the  board 
of  directors  of  such  district  is  situated.  [New  section  added  May  19,  1917.  In  effect 
July  27,  1917.     Stats.  1917,  p.  756.] 

Powers  of  directors, 

$  15.  The  board  of  directors  shall  have  the  power  and  it  shall  be  their  duty  to 
manage  and  conduct  the  business  and  affairs  of  the  district;  make  and  execute  all 
necessary  contracts;  employ  and  appoint  such  agents,  officers,  and  employees  as  may 
be  required,  and  prescribe  their  duties.  Tlie  board  and  its  agents  and  employees  shall 
have  the  right  to  enter  upon  any  land  to  make  surveys,  and  may  locate  the  necessary 
irrigation  works  and  the  line  for  canal  or  canals,  and  the  necessary  branches  for  the 
same  on  any  lands  which  may  be  deemed  best  for  such  location.  Said  board  shall  also 
have  the  right  to  acquire,  by  purchase,  lease,  contract,  condemnation,  or  other  legal 
means,  all  lands,  and  waters,  and  water  rights,  and  other  property  necessary  for  the 
construction,  use,  supply,  maintenance,  repair  and  improvements  of  said  canal,  or 
canals,  and  works,  whether  in  this  or  in  other  states  or  in  a  foreign  nation,  including 
canals,   and   works  constructed  and  being  constructed   by   private  owners,   lands  for 


I 


t289  IRRIGATION  AND  IRRIGATION  DISTRICTS.  Act  2266,  §8  15a-15d 

reservoirs  for  the  storage  of  needful  waters,  and  all  necessarj'  appurtenances,  and  also 
where  necessary  or  convenient  to  said  ends  to  acquire  and  hold  the  stock  of  other  cor- 
porations domestic  or  foreign  owning  waters,  canals,  waterworks,  franchises,  conces- 
sions or  rights.  Said  board  may  enter  into,  and  do  any  acts  necessary  or  proper  for 
the  performance  of,  any  agreements  with  the  United  States,  or  any  state,  county, 
district  of  any  kind,  public  or  private  corporation,  association,  firm  or  individual,  or 
any  number  of  them,  for  the  joint  acquisition,  construction,  leasing,  ownership,  dis- 
position, use,  management,  maintenance,  repair  or  operation  of  any  rights,  works  or 
other  property  of  a  kind  which  might  lawfully  be  acquired  or  owned  by  the  irrigation 
district,  and  may  acquire  the  right  to  store  water  in  any  reservoirs  or  to  carry  water 
through  any  canal,  ditch  or  conduit  not  owned  or  controlled  by  the  district,  and  may 
grant  to  any  owner  or  lessee  of  the  right  to  the  use  of  any  water  the  right  to  store  such 
water  in  any  reservoir  of  the  district  or  to  carry  such  water  through  any  canal,  ditch 
or  conduit  of  the  district.  [Amendment  of  May  16,  1919.  In  effect  July  22,  1919. 
Stats.  1919,  p.  661.] 

This  section  was  also  amended  March  26,  1911,  Stats.  1911,  p.  510;  May  18,  1917,  Stats. 
1917,  p.  751. 

§  15a.  [New  section  added  May  19,  1917.  Stats.  1917,  p.  755.  Repealed  May  16, 
1919.    In  effect  July  22,  1919.     Stats.  1919,  p.  661.] 

Dams.    Conveyances. 

$  15b.  The  board  of  directors  of  any  irrigation  district  may  also  construct  the 
necessary  dams,  reservoirs,  and  works  for  the  collection  of  water  for  said  district,  and 
do  any  and  every  lawful  act  necessary  to  be  done,  that  sufficient  water  may  be  furnished 
to  each  landowner  in  said  district  for  irrigation  and  domestic  purposes;  provided,  that 
where,  within  irrigation  districts  mutual  water  companies  have  been  organized  to 
furnish  water  to  certain  specified  lands  within  said  districts,  the  board  of  directors  of 
such  districts  are  hereby  authorized  and  empowered  to  contract  for  the  delivery  of 
water  for  such  lands  as  lie  within  the  boundary  of  said  water  companies,  through  said 
mutual  water  companies  only.  The  said  board  is  hereby  authorized  and  empowered 
to  take  conveyances,  leases,  contracts  or  other  assurances  for  all  property  acquired  by 
it  under  the  provisions  of  this  act,  in  the  name  of  such  irrigation  district,  to  and  for 
the  uses  and  purposes  herein  expressed,  and  to  institute  and  maintain  any  and  all 
actions  and  proceedings,  suits  at  law  or  in  equity  necessary  or  proper  in  order  to  fully 
carry  out  the  provisions  of  this  act,  or  to  enforce,  maintain,  protect  or  preserve  any  and 
all  rights,  privileges  and  immunities  created  by  this  act,  or  acquired  in  pursuance 
thereof.  And  in  all  courts,  actions,  suits  or  proceedings,  the  said  board  may  sue, 
appear  and  defend  in  person  or  by  attorneys,  and  in  the  name  of  such  irrigation  dis- 
trict.   [New  section  added  May  19, 1917.    In  effect  July  27, 1917.     Stats.  1917,  p.  758.] 

Rules  for  use  of  water. 

§  15c.  It  shall  be  the  duty  of  the  board  of  directors  of  any  irrigation  district  to 
establish  equitable  by-laws,  rules  and  regulations  for  the  distribution  and  use  of  water 
among  the  owners  of  said  lands,  which  must  be  printed  in  convenient  form  for  distribu- 
tion in  the  district.  Said  board  shall  have  power  generally  to  perform  all  such  acts  as 
shall  be  necessary  to  fully  carry  out  the  purposes  of  this  act.  [New  section  added 
May  19, 1917.    In  effect  July  27,  1917.    Stats.  1917,  p.  758.] 

Change  election  precincts.    Lease  canals. 

$  15d.  The  board  of  directors,  when  they  deem  it  advisable  for  the  best  interests  of 
the  district,  and  the  convenience  of  the  electors  thereof,  may  at  any  time,  but  not  less 
than  sixty  days  before  an  election  to  be  held  in  the  district,  change  the  boundaries  of 
the  divisions  or  election  precincts  of  the  district  or  of  both;  provided,  such  changes 


Aot  22G0.  gg  15Va-18  GENERAL   LAWS.  1240 

shall  be  made  to  keep  each  division  as  nearly  equal  in  area  and  population  as  may  be 
practicable.  Such  change  of  boundaries  of  the  divisions  and  precincts  must  be  shown 
on  the  minutes  of  the  board.  The  board  of  directors  of  any  irrigation  district  now  or 
that  may  hereafter  be  organized  in  the  state,  shall  also  have  the  power,  and  such  board 
is  hereby  vested  with  the  authority,  to  lease  the  system  of  canals  and  works  in  the 
district,  or  any  part  thereof,  whenever  such  leasing  may  be  for  the  benefit  of  the  dis- 
trict; provided,  that  when  the  directors  of  any  irrigation  district  contemplate  the 
leasing  of  the  canals  and  works  of  such  district,  they  shall  give  notice  of  such  con- 
templation by  publishing  the  same  in  some  newspaper  published  in  the  county  in  which 
such  irrigation  district  lies,  at  least  three  weeks  prior  to  the  making  of  any  lease,  and 
such  lease  shall  be  made  to  the  highest  bidder.  But  such  board  shall  have  the  riglit 
to  reject  any  and  all  bids.  Such  lease  shall  in  no  way  interfere  with  any  rights  that 
may  have  been  established  by  law,  at  the  time  such  lease  is  made;  and,  further  pro- 
vided, that  the  board  of  directors  shall  require  a  good  and  suflBeient  bond  to  secure 
faithful  performance  of  the  lease  by  the  lessees.  [Formerly  section  15^^,  amended 
and  number  changed.  Amendment  of  May  19,  1917.  In  effect  July  27,  1917.  Stats. 
1917,  p.  759.] 

§  151/2-  [Added  March  28,  1901,  Stats.  1901,  p.  815.  Amended  March  28, 1911,  Stato. 
1911,  p.  512.    Number  changed  to  15d  May  19,  1917,  Stats.  1917,  p.  759.] 

Condemnation  proceedings. 

§  16.  In  case  of  condemnation  proceedings  the  board  shall  proceed,  in  the  name  of 
the  district,  under  the  provisions  of  title  seven,  part  three  of  the  Code  of  Civil  Pro- 
cedure of  the  state  of  California,  and  all  pleadings,  proceedings,  and  process  in  said 
title  provided  shall  be  applicable  to  the  condemnation  proceedings  hereunder.  [Amend- 
ment of  May  1917.     In  effect  July  27,  1917.     Stats.  1917,  p.  759.] 

WATER  REGULATION. 
Public  use. 

^  17.     The  use  of  all  water  required  for  the  irrigation  of  the  lands  of  any  district 

formed  under  the  provisions  of  this  act,  or  the  act  of  which  this  is  supplementary  or 

amendatory,  and  for  domestic  and  other  incidental  and  beneficial  uses,  within  such 

district,  together  with  the  rights  of  way  for  canals  and  ditches,  sites  for  reservoirs,  and 

all  other  property  required  in  fully  carr^'ing  out  the  provisions  of  this  act  is  hereby 

declared  to  be  a  public  use,  subject  to  the  regulation  and  control  of  the  state,  in  th<^ 

manner  prescribed  by  law.    [Amendment  approved  March  28,  1911.  Stats.  1911,  p.  512.] 

Apportionment  of  water. 

§  18.  It  is  hereby  expressly  provided  that  all  waters  distributed  for  irrigation  pu  • 
poses  shall  be  apportioned  ratably  to  each  land  owner  upon  the  basis  of  the  ratio  which 
the  last  assessment  of  such  owner  for  district  purjDoses  within  said  district  bears  to  the 
whole  sum  assessed  upon  the  district;  and  any  land  owner  may  assign  the  right  to  the 
whole  or  any  portion  of  the  waters  so  apportioned  to  him;  provided,  that  when  any 
rates  of  toll  and  charges  for  the  use  of  water  are  fixed  by  the  board  of  directors,  as 
provided  in  section  fifty-five  of  this  act,  the  water  for  the  use  of  which  such  rates  of 
toll  and  charges  have  been  fixed  shall  be  distributed  equitably,  as  may  be  provided  by 
the  board  of  directors,  among  those  offering  to  make  the  required  payment  therefor; 
and  in-ovided,  further,  that  if  an  irrigation  district  has  contracted  to  deliver,  and  is 
delivering,  water  to  mutual  water  companies  for  distribution  to  territory  served  thereby, 
the  water  shall  be  apportioned  on  such  a  basis  as  the  board  of  directors  shall  find  to 
be  just  and  equitable  and  for  the  best  interests  of  all  parties  concerned.  [Amendment 
of  May  16,  1919.     In  effect  July  22,  1919.     Stats.  1919,  p.  661.] 


J2il  IRRIGATIOX  AXD  IRRIGATION  DISTRICTS.  Act  2266,  §§  19-19b 

GENERAL  ELECTIONS. 
Irrigation  district  officers  to  be  elected. 

§  19.  An  election,  which  shall  be  known  as  the  general  irrigation  district  election, 
shall  be  held  in  each  irrigation  district  on  the  first  Wednesday  in  February  in  each 
odd-numbered  year,  at  which  a  successor  shall  be  chosen  to  each  officer  whose  terni 
shall  expire  in  March  next  thereafter.  The  person  receiving  the  highest  number  of 
votes  for  each  office  to  be  filled  at  such  election  shall  be  elected  thereto.  The  elective 
officers  of  an  irrigation  district  shall  be  as  many  directors  as  there  are  divisions  in  the 
district,  and  an  assessor,  a  collector  and  a  treasurer;  provided,  that  if  any  two  or  more 
offices  shall  have  been  consolidated  as  provided  in  section  seven  or  section  twenty-seven 
hereof,  only  one  person  shall  be  elected  to  fill  such  consolidated  offices.  The  term  of 
office  of  each  elective  officer  of  an  irrigation  district  elected  at  or  after  the  general 
irrigation  district  election  in  one  thousand  nine  hundred  nineteen  shall  be  four  years, 
or  until  his  successor  is  elected  and  has  qualified.  [Amendment  of  May  19,  1917.  In 
effect  July  27,  19l7.     Stats.  1917,  p.  759.] 

This  section  was  also  amended  June  8,  1915,  Stats.  1915,  p.  1326, 

Official  bonds. 

$  19a.  Within  ten  days  after  receiving  their  certificates  of  election  hereinafter 
provided  for,  said  officers  shall  take  and  subscribe  the  official  oath,  and  file  the  same 
in  the  office  of  the  board  of  directors,  and  execute  the  bond  hereinafter  provided  for. 
The  assessor  shall  execute  an  official  bond  in  the  sum  of  five  thousand  dollars,  and  the 
collector  an  official  bond  in  the  sum  of  twenty  thousand  dollars,  and  the  district  treas- 
urer an  official  bond  in  the  sum  of  fifty  thousand  dollars;  each  of  said  bonds  to  be 
approved  by  the  board  of  directors;  provided,  that  the  board  of  directors  may,  if  it 
shall  be  deemed  advisable,  fix  the  bonds  of  the  treasurer  and  collectop,  respectively, 
to  suit  the  conditions  of  the  district,  the  maximum  amount  of  the  treasurer's  bond  not 
to  exceed  fifty  thousand  dollars,  and  the  minimum  amount  thereof  not  to  be  less  than 
ten  thousand  dollars;  and  the  maximum  amount  of  the  collector's  bond  not  to  exceed 
twenty  thousand  dollars,  and  the  minimum  amount  of  the  collector's  bond  not  to  be 
less  than  five  thousand  dollars.  Each  member  of  said  board  of  directors  shall  execute 
and  official  bond  in  the  sum  of  five  thousand  dollars,  which  said  bonds  shall  be  ap- 
proved by  the  judge  of  the  superior  court  of  said  county  where  such  organization  was 
effected,  and  shall  be  recorded  in  the  office  of  the  county  recorder  thereof,  and  filed  with 
the  secretary  of  said  board.  All  official  bonds  herein  provided  for  shall  be  in  the  form 
prescribed  by  law  for  the  official  bonds  of  county  officers  and  premiums  thereon  may 
be  paid  by  the  district;  provided,  that  in  case  any  district  organized  under  this  title 
is  appointed  fiscal  agent  of  the  United  States  or  by  the  United  States  in  connection 
with  any  federal  reclamation  project,  each  of  said  officers  shall  execute  a  further  and 
additional  official  bond  in  such  sum  as  the  secretary  of  the  interior  may  require,  con- 
ditioned for  the  faithful  discharge  of  the  duties  of  his  office  and  the  faithful  discharge 
by  the  district  of  its  duties  as  fiscal  or  other  agent  of  the  United  States  under  any 
such  appointment  or  authorization,  and  any  such  bond  may  be  sued  upon  by  the 
United  States  or  any  person  injured  by  the  failure  of  such  officer  or  the  district  to  fully, 
promptly  and  completely  perform  their  respective  duties.  [New  section  added  May  19, 
1917.     In  effect  July  27,  1917.     Stats.  1917,  p.  760.] 

If  election  be  not  held. 

§  19b.  If  an  election  is  not  held  as  herein  provided,  then  upon  the  filing  of  a  peti- 
tion with  the  secretary  of  the  board  of  directors  of  such  district,  signed  by  ten  per 
cent  of  the  electors  residing  within  the  boundaries  of  any  such  iiTigation  district, 
requesting  that  a  special  election  be  called  for  the  election  of  such  officers,  the  directors 
of  such  district  shall  thereupon  call  a  special  election  thereof  for  the  election  of  sr.ch 


Act  2366,  §§  20-22a  GBNERAL  LAWS.  1242 

oflScers,  such  election  to  be  held  within  not  less  than  fifteen,  nor  more  than  thirty  days 
after  the  filing  of  such  petition.  [New  section  added  May  19,  1917.  In  effect  July  27, 
1917.     Stats.  1917,  p.  760.] 

Beginning  of  term.    Organization. 

§  20.  At  noon  of  the  first  Tuesday  in  March  next  following  their  election,  except 
as  provided  in  section  fourteen  of  this  act,  the  ofl&cers  who  shall  have  been  elected  at 
the  preceding  general  irrigation  district  election  shall  enter  upon  the  duties  of  their 
respective  ofiices.  On  the  first  Tuesday  in  March  next  following  each  election,  the 
directors  shall  meet  and  organize  as  a  board,  elect  a  president  and  appoint  a  secretary, 
who  shall  each  hold  office  during  the  pleasure  of  the  board.  [Amendment  of  May  19, 
1917.     In  effect  July  27,  1917.     Stats.  1917,  p.  761.] 

Notice  of  elections.    Election  officers. 

§  21.  Fifteen  days  before  any  election  held  under  this  act,  subsequent  to  the  organ- 
ization of  any  district,  the  secretary  of  the  board  of  directors  shall  cause  notices  to 
be  posted  in  three  public  places  in  each  election  precinct,  of  the  time  and  place  of 
holding  the  election,  and  shall  also  post  a  general  notice  of  the  same  in  the  office  of 
said  board,  which  shall  be  established  and  kept  at  some  fixed  place,  to  be  determined 
by  said  board,  specifying  the  polling  places  of  each  precinct.  Prior  to  the  time  for 
posting  the  notices,  the  board  must  appoint  for  each  precinct,  from  the  electors  thereof, 
one  inspector  and  two  judges,  who  shall  constitute  a  board  of  election  for  such  precinct. 
If  the  board  fail  to  appoint  a  board  of  election,  or  the  members  appointed  do  not 
attend  at  the  opening  of  the  polls  on  the  morning  of  election,  the  electors  of  the  precinct 
present  at  that  hour  may  appoint  the  board,  or  supply  the  place  of  an  absent  member 
thereof.  Tha  board  of  directors  must,  in  its  order  appointing  the  board  of  election, 
designate  the  house  or  place  within  the  precinct  where  the  election  must  be  held. 

Officers  of  election  board.    Oaths,  who  may  administer.    Polls,  opening  of. 

§  22.  The  inspector  is  chairman  of  the  election  board  and  may  administer  all  oaths 
required  in  the  process  of  an  election;  and  appoint  judges  and  clerks,  if,  during  the 
progress  of  the  election,  any  judge  or  clerk  cease  to  act.  Any  number  of  the  board 
of  election,  or  any  clerk  thereof,  may  administer  and  certify  oaths  required  to  be 
administered  during  the  progress  of  an  election.  The  board  of  election  of  each  precinct 
nust,  before  opening  the  polls,  appoint  two  persons  to  act  as  clerks  of  the  election. 
Before  opening  the  polls,  each  member  of  the  board  and  each  clerk  must  take  and 
subscribe  an  oath  to  faithfully  perform  the  duties  imposed  upon  them  by  law.  Any 
elector  of  the  precinct  may  administer  and  certify  such  oath.  The  polls  must  be 
opened  at  8  a.  m.  on  the  morning  of  the  election,  and  be  kept  open  until  4  p.  m.,  when 
the  same  must  be  closed.    [Amendment  approved  April  22,  1909.     Stats.  1909,  p.  1062.J 

Ballots.    Manner  of  voting. 

^  22a.  The  ballot  used  at  the  election  shall  be  provided  by  the  board  of  directors, 
and  one  of  the  clerks  of  election  shall  deliver,  to  each  of  the  electors,  one  of  the  ballots 
so  provided.  The  ballots  shall  have  printed  on  them  the  names  of  all  candidates  whose 
names  have  been  filed  as  provided  in  this  act,  with  a  voting  square  behind  each  name. 
The  names  shall  be  arranged  in  groups,  alphabetically,  under  the  designation  of  the 
office  for  which  each  person  named  is  a  candidate.  Where  more  than  one  person  is 
to  be  elected  for  an  office  of  the  same  title,  the  words  "Vote  for  ....  (inserting  the 
proper  number) ' '  shall  be  printed  under  the  title  of  the  office.  Each  elector  shall 
stamp  a  cross,  with  a  rubber  stamp  to  be  provided  by  the  board  of  directors,  in  the 
square  behind  the  name  of  each  candidate  he  wishes  to  vote  for.  [New  section 
approved  April  22,  1909.     Stats.  1909,  p.  1062.] 


1243  IRRIGATION  AND  IRRIGATION  DISTRICTS.  Act  2266,  §§  22b-25 

Nominating  petitions. 

$  22b.  Not  less  than  ten  days  before  the  election,  any  ten  or  more  electors  in  the 
district  may  file  with  the  board  of  directors  a  petition,  requesting  that  certain  persons, 
specified  in  such  petition  be  placed  on  the  ballot  as  candidates  for  the  oflSce  named  in 
the  petition.  The  names  proposed  by  the  various  petitions  so  filed,  and  no  others, 
shall  be  printed  on  the  ballots.  But  there  shall  be  sufficient  blank  spaces  left  in 
which  electors  may  write  other  names  if  they  so  desire.  The  petitions  shall  be  pre- 
served in  the  office  of  the  secretary  of  the  district.  [New  section  approved  April  22, 
1909.     Stats.  1909,  p.  1063.] 

Voting  and  counting  of  votes. 

§  23.  Voting  may  commence  as  soon  as  the  polls  are  opened,  and  may  be  continued 
during  all  the  time  the  polls  remain  opened,  and  shall  be  conducted,  as  nearly  as 
practicable,  in  accordance  with  the  provisions  of  the  general  election  laws  of  this 
state.  As  soon  as  all  the  votes  are  counted,  a  certificate  shall  be  drawn  up  on  each 
of  the  papers  containing  the  poll  lists  and  tallies,  or  attached  thereto,  stating  the 
number  of  votes  each  one  voted  for  has  received,  and  designating  the  office  to  fill  which 
he  was  voted  for,  which  number  shall  be  written  in  figures  and  in  words  at  full  length. 
Each  certificate  shall  be  signed  by  the  clerk,  judge,  and  the  inspector.  One  of  said 
certificates,  with  the  poll  list  and  the  tally  paper  to  which  it  is  attached,  shall  be 
retained  by  the  inspector,  and  preserved  by  him  at  least  six  months.  The  ballots  shall 
be  strung  upon  a  cord  or  thread  by  the  inspector,  during  the  counting  thereof,  in  the 
order  in  which  they  are  entered  upon  the  tally  list  by  the  clerks;  and  said  ballots 
together  with  the  other  of  said  certificates,  with  the  poll  list  and  tally  paper  to  which 
it  is  attached,  shall  be  sealed  by  the  inspector  in  the  presence  of  the  judges  and  clerks, 
and  indorsed  "Election  returns  of  (naming  the  precinct)  precinct,"  and  be  directed  to 
the  secretary  of  the  board  of  directors,  and  shall  be  immediately  delivered  by  the 
inspector,  or  by  some  other  safe  and  responsible  carrier  designated  by  said  inspector, 
to  said  secretary,  and  the  ballots  shall  be  kept  unopened  for  at  least  six  months;  and 
if  any  person  be  of  the  opinion  that  the  vote  of  any  precinct  has  not  been  correctly 
counted,  he  may  appear  on  the  day  appointed  for  the  board  of  directors  to  open  and 
canvass  the  returns,  and  demand  a  recount  of  the  vote  of  the  precinct  that  is  so  claimed 
to  have  been  incorrectly  counted. 

Want  of  form,  effect  of.    Canvass  of  votes. 

^  24.  No  list,  tally  paper,  or  certificate  returned  from  any  election,  shall  be  set 
aside  or  rejected  for  want  of  form,  if  it  can  be  satisfactorily  understood.  The  board 
of  directors  must  meet  at  its  usual  place  of  meeting  on  the  first  Monday  after  each 
election  to  canvass  the  returns.  If,  at  the  time  of  meeting,  the  returns  from  each 
precinct  in  the  district  in  which  the  polls  were  opened  have  been  received,  the  board 
of  directors  must  then  and  there  proceed  to  canvass  the  returns;  but  if  all  the  returns 
have  not  been  received,  the  canvass  must  be  postponed  from  day  to  day  until  all  the 
returns  have  been  received,  or  until  six  postponements  have  been  had.  The  canvass 
must  be  made  in  public  and  by  opening  the  returns  and  estimating  the  vote  of  the 
district  for  each  person  voted  for,  and  declaring  the  result  thereof. 

Duty  of  secretary.    What  records  must  show.    Vacancies,  how  filled. 

^  25.  The  secretary  of  the  board  of  directors  must,  as  soon  as  the  result  is  declared, 
enter  in  the  records  of  such  board  a  statement  of  such  result,  which  statement  must 
show:  (a)  The  whole  number  of  votes  cast  in  the  district,  and  in  each  division  of  the 
district;  (b)  the  names  of  the  persons  voted  for;  (c)  the  office  to  fill  which  each  person 
was  voted  for;  (d)  the  number  of  votes  given  in  each  precinct  to  each  of  such  persons- 
(e)   the  number  of  votes  given  in  each  division  for  the  office  of  director,  and  the 


Act  22««,  §g  20-281^  GENKRAI.   LAWS.  1244 

number  of  votes  given  in  the  district  for  the  offices  of  assessor,  collector,  and  treasurer. 
The  board  of  directors  must  declare  elected  the  persons  having  the  highest  number  of 
votes  given  for  each  office.  The  secretary  must  immediately  make  out  and  deliver  to 
such  person  a  certificate  of  election,  signed  by  him,  and  authenticated  with  the  seal 
of  the  board. 

In  case  of  a  vacancy  in  the  office  of  assessor,  collector,  or  treasurer,  the  vacancy 
shall  be  filled  by  appointment  of  the  board  of  directors;  provided,  that  if  said  board 
of  directors  shall  neglect  or  refuse  to  make  such  appointment  within  a  period  of  forty 
days,  then  the  board  of  supervisors  of  the  county  wherein  the  office  of  said  board  of 
directors  is  situated  shall  make  such  appointment.  In  case  of  a  vacancy  in  the  office 
of  director,  the  vacancy  shall  be  filled  by  appointment  by  the  board  of  supervisoi-s  of 
the  county  where  the  office  of  such  board  of  directors  is  situated,  from  the  division 
in  which  the  vacancy  occurred.  An  officer  appointed  as  above  provided  shall  hold  his 
office  until  the  next  regular  election  for  said  district,  and  until  his  successor  is  elected 
and  qualified. 

Qualifications  of  director. 

§  26.  A  director  shall  be  a  resident  and  freeholder  of  the  irrigation  district  and  a 
resident  of  the  division  which  he  is  elected  to  represent.  [Amendment  of  May  19,  1917. 
In  effect  July  27,  1917.     Stats.  1917,  p.  761.] 

Consolidation  of  offices. 

§  27.  The  board  of  directors  may,  in  its  discretion,  consolidate  any  two  or  more 
of  the  offices  of  assessor,  collector,  and  treasurer.  The  order  of  consolidation  must 
be  made  at  least  thirty  days  prior  to  general  election  of  the  district,  and  shall  take 
effect  at  the  next  succeeding  election;  provided,  that  the  board  of  directors  may,  at 
least  thirty  days  before  a  general  election  of  the  district,  where  the  offices  have  been 
consolidated,  segregate  the  same,  each  office  to  be  filled  at  such  election. 

Number  of  directors. 

^  28.  In  any  district  the  board  of  directors  thereof  must  upon  a  presentation  of 
the  petition  therefor,  by  a  majority  of  the  holders  of  title,  or  evidence  of  title,  of  said 
district,  evidenced  as  above  provided,  order  that  on  and  after  the  next  ensuing  general 
election  for  the  district,  there  shall  be  either  three  or  five  directors.  [Amendment  of 
May  19, 1917.     In  effect  July  27,  1917.     Stats.  1917,  p.  761.] 

This  section  was  also  amended  June  9,  1915,  Stats.  1915,  p.  1368. 

Recall  of  officers.  Petition  for  removal.  Examination  by  secretary.  Supplemental 
petition.  Election.  Nominations.  Contents  of  ballot.  Successor  to  officer  removed. 
$  281^.  The  holder  of  any  elective  office  of  any  irrigation  district  may  be  removed 
or  recalled  at  any  time  by  the  electors;  provided,  he  has  held  his  office  at  least  six 
months.  The  provisions  of  this  section  are  intended  to  apply  to  officials  now  in  office, 
as  well  as  to  those  hereafter  elected.  The  procedure  to  effect  such  removal  or  recall 
shall  be  as  follows:  A  petition  demanding  the  election  of  a  successor  to  the  person 
sought  to  be  removed  shall  be  filed  with  the  secretary  of  the  board  of  directors  oC 
such  district,  which  petition  shall  be  signed  by  registered  voters  equal  in  number  to 
at  least  twenty-five  per  cent  of  the  highest  vote  cast  within  such  district  for  candidates 
for  the  office,  the  incumbent  of  which  is  sought  to  be  removed,  at  the  last  general 
election  in  such  district  at  which  an  incumbent  of  such  office  was  elected,  or,  in  the 
case  of  the  removal  of  the  incumbent  of  an  office  elected  by  a  subdivision  of  such 
district,  such  petition  shall  be  signed  by  a  like  percentage  of  qualified  electors  of  such 
subdivision  computed  upon  the  total  number  of  votes  cast  in  such  subdivision  for  all 
candidates  for  the  office,  the  incumbent  of  which  is  sought  to  be  removed,  at  the  last 
general  election  in  such  subdivision  at  which  an  incumbent  of  such  office  was  elected; 


1245  IRRIGATION    VXD  IRRIGATION  DISTRICTS.  Act  226« 

and  said  petition  shall  contain  a  statement  of  the  grounds  on  which  the  removal  or 
recall  is  sought,  which  statement  is  intended  solely  for  the  information  of  the  electors. 
Any  insuflBciency  of  form  or  substance  in  such  statement  shall  in  nowise  affect  the 
validity  of  the  election  and  proceedings  held  thereunder.  The  signatures  to  the  petition 
need  not  all  be  appended  to  one  paper.  Each  signer  shall  add  to  his  signature  his 
place  of  residence,  giving  the  precinct,  and  if  within  a  town  having  named  streets  and 
numbered  houses,  street  and  number.  Each  such  separate  paper  shall  have  attached 
thereto  an  affidavit  made  by  an  elector  of  the  district  and  sworn  to  before  an  officer 
competent  to  administer  oaths,  stating  that  the  affiant  circulated  that  particular  paper 
and  saw  written  the  signatures  appended  thereto;  and  that  according  to  the  best 
information  and  belief  of  the  affiant,  each  is  the  genuine  signature  of  the  person  whose 
name  purports  to  be  thereunto  subscribed  and  of  a  qualified  elector  of  the  district. 
Within  ten  days  from  the  date  of  filing  such  petition,  the  secretary  of  the  board  ^all 
examine  and  from  the  records  of  registration  ascertain  whether  or  not  said  petition 
is  signed  by  the  requisite  number  of  qualified  electors,  and  he  shall  attach  to  said 
petition  his  certificate  showing  the  result  of  said  examination.  If  by  the  said  certificate 
the  petition  is  shown  to  be  insufficient,  it  may  be  supplemented  within  ten  days  from 
the  date  of  such  certificate,  by  the  filing  of  additional  papers,  duj^licates  of  the  original 
petition  except  as  to  the  names  signed.  The  secretary  shall,  within  ten  days  after  such 
supplementing  papers  are  filed,  make  like  examination  of  a  supplementing  petition, 
and  if  a  certificate  shall  show  that  all  the  names  to  such  petition,  including  the  supple- 
mental papers,  are  still  insufficient,  no  action  shall  be  taken  thereon;  but  the  petition 
shall  remain  on  file  as  a  public  record;  and  the  failure  to  secure  sufficient  names 
shall  be  without  prejudice  to  the  filing  later  of  an  entirely  new  petition  to  the  same 
effect.  If  the  petition  shall  be  found  to  be  sufficient,  the  secretary  shall  submit  the 
same  to  the  board  of  directors  without  delay,  whereupon  the  board  shall  forthwith 
cause  a  special  election  to  be  held  within  not  less  than  thirty-five  nor  more  than  forty 
days  after  the  date  of  the  order  calling  such  election,  to  determine  whether  the  voters 
will  recall  such  officer;  provided,  that  if  a  general  election  is  to  occur  within  sixty 
days,  from  the  date  of  the  order  calling  for  such  election,  the  board  may  in  its  dis- 
cretion postpone  the  holding  of  such  election  to  such  general  election  or  submit  such 
recall  election  at  any  such  general  election  for  officers  of  such  district  occurring  not 
less  than  thirty-five  days  after  such  order.  If  a  vacancy  occur  in  said  office  after  a 
recall  petition  is  filed,  the  election  shall  nevertheless  proceed  as  in  this  section 
provided.  One  petition  is  sufficient  to  propose  a  removal  and  election  of  one  or  more 
elective  officials.  One  election  is  competent  for  the  removal  and  election  of  one  or 
more  elective  officials.  Nominations  for  any  office  under  such  recall  election  shall  be 
made  in  the  manner  prescribed  by  section  22b  of  this  act. 

There  shall  be  printed  on  the  recall  ballot,  as  to  every  officer  whose  recall  is  to 
be  voted  on  thereat,  the  following  question:  "Shall  (name  of  person  against  whom 
the  recall  petition  is  filed)  be  recalled  from  the  office  of  (title  of  the  office)  V  followinf» 
which  question  shall  be  the  words  "Yes"  and  "No"  on  separate  lines,  with  a  blank 
space  at  the  right  of  each,  in  which  the  voter  shall  indicate,  by  stamping  a  cross  (X) 
his  vote  for  or  against  such  recall.  On  such  ballots,  under  each  such  question,  there 
shall  also  be  printed  the  names  of  those  persons  who  have  been  nominated  as  candidates 
to  succeed  the  person  recalled,  in  case  he  shall  be  removed  from  office  by  said  recall 
election;  but  no  vote  shall  be  counted  for  any  candidate  for  said  office  unless  the 
voter  also  voted  on  said  question  of  the  recall  of  the  person  sought  to  be  recalled  from 
said  office.  The  name  of  the  person  against  whom  the  petition  is  filed  shall  not  appear 
on  the  ballot  as  a  candidate  for  the  office.  If  a  majority  of  those  voting  on  said 
question  of  the  recall  of  any  incumbent  from  office  shall  vote  "No,"  said  incumbent 
shall  continue  in  said  office.     If  a  majority  shall  vote  "Yes,"  said  incumbent  shall 


Act  2266.  §§  29.  30  GENERAL   LAWS.  '        tZ*9 

thereupon  be  deemed  removed  from  such  office,  upon  the  qualification  of  his  successor. 
The  election  shall  be  conducted,  canvass  of  all  votes  for  candidates  for  said  office  shall 
be  made  and  the  result  declared  in  like  manner  as  in  a  regular  election  within  such 
district.  If  the  vote  at  any  such  recall  election  shall  recall  the  officer,  then  the 
candidate  who  has  received  the  highest  number  of  votes  for  the  office  shall  be  thereby 
declared  elected  for  the  remainder  of  the  term.  In  case  the  person  who  received  the 
highest  number  of  votes  shall  fail  to  qualify  within  ten  days  after  receiving  the  cer- 
tificate of  election,  the  office  shall  be  deemed  vacant  and  shall  be  filled  according  to 
law.  If  the  vote  at  any  such  recall  election  shall  not  recall  the  officer,  no  further 
petition  for  the  recall  of  such  officer  shall  be  filed  before  the  expiration  of  six  months 
from  the  date  of  such  first  recall  election.  [New  section  added  January  20,  1912, 
Stats.  1911,  p.  135,  extra  session.] 

TITLE  TO  PROPERTY. 

Title  to  property  vests  in  district.    To  be  held  in  trust.    Power  of  board  as  to. 

$  29.  The  legal  title  to  all  property  acquired  under  the  provisions  of  this  act  shall 
immediately  and  by  operation  of  law  vest  in  such  irrigation  district,  and  shall  be  held 
by  such  district,  in  trust  for,  and  is  hereby  dedicated  and  set  apart  to  the  uses  and 
purposes  set  forth  in  this  act.  And  said  board  is  hereby  authorized  and  empowered 
to  hold,  use,  acquire,  manage,  occupy  and  possess  said  property,  as  herein  provided. 
The  board  of  directors  may  determine  by  resolution  duly  entered  upon  their  minutes 
that  any  property,  real  or  personal,  held  by  such  irrigation  district  is  no  longer  neces- 
sar-  to  be  retain&a  for  the  uses  end  purposes  thereof,  and  may  thereafter  sell  such 
property;  and  a  conveyance  of  any  property  held  by  an  iis.Igation  district,  executed 
by  the  president  and  secretary  thereof,  in  accordance  with  a  resolution  of  the  board  of 
directors  of  such  district,  when  sold  for  a  valuable  consideration,  shall  convey  good 
title  to  the  property  so  conveyed,  [Amendment  approved  April  22,  1909.  Stats.  1909, 
P-  1075.]  ISSUANCE  OF  BONDS. 

Estimate  of  money  needed  for  improvements.    Interest  on  bonds  may  be  included  in 

estimate. 

§  30.  For  the  purpose  of  constructing  or  purchasing  necessary  irrigation  canals 
and  works,  and  acquiring  the  necessary  property  and  rights  therefor,  and  for  the 
purpose  of  acquiring  waters,  water  rights,  reservoirs,  reservoir  sites,  and  other  prop- 
erty necessary  for  the  purposes  of  said  district,  and  otherwise  carrying  out  the  pro- 
visions of  this  act,  or  anj'  other  act  under  which  said  district  is  or  may  be  authorized  to 
acquire  property  or  construct  works,  the  board  of  directors  of  any  such  district  must, 
as  soon  after  such  district  has  been  organized  as  may  be  practicable,  and  also  whenever 
thereafter  the  board  of  directors  shall  find  that  the  construction  fund  raised  by  the 
last  previous  bond  issue  is  insufficient,  or  that  the  construction  fund  has  been  exhausted 
by  expenditures  herein  authorized  therefrom  and  it  is  necessary  to  raise  additional 
money  for  said  purposes,  estimate  and  determine  the  amount  of  money  necessary  to  be 
raised.  For  the  purpose  of  ascertaining  the  amount  of  money  necessary  to  be  raised  for 
such  purposes,  or  any  of  them,  said  board  shall  cause  such  surveys,  examinations,  draw- 
ings and  plans  to  be  made  as  shall  furnish  the  proper  basis  for  said  estimate.  Said 
surveys,  examinations,  drawings  and  plans,  and  the  estimate  based  thereon  may  provide 
that  the  works  necessary  for  a  comjDleted  project  shall  be  constructed  progressively 
during  a  period  of  years.  In  the  estimate  of  the  amount  of  money  necessary  to  be 
raised  by  the  first  issue  of  bonds  in  any  district,  the  board  of  directors  may  include  a 
sum  sufficient  to  pay  the  interest  on  all  of  such  bonds  for  three  years  or  less.  All 
Bueh  surveys,  examinations,  drawings  and  plans  shall  be  made  under  the  direction  of 


1247  IRRIGATIOIV  AND  IRRIGATION  DISTRICTS.  Act  2266,  g§  30a-30c 

a  competent  irrig-ation  engineer  and  shall  be  certified  by  him.     [Amendment  of  May  19, 
1919.     In  effect  July  22,  1919.     Stats.  1919,  662.] 

This  section  was  also  amended  March  28,  1911,  Stats.  1911,  p.  512;  June  16,  1913,  Stats. 
1913,   p.   996;   May   18,    1917,   Stats.   1917,   p.   761. 

Reports  submitted  to  commission.    Report  of  commission. 

§  30a.  The  board  of  directors  shall  then  submit  a  copy  of  the  said  estimate  and  the 
said  engineer's  report  to  the  commission  authorized  by  law  to  approve  bonds  of  irri- 
gation districts  for  certification  as  legal  investments  for  savings  banks  and  for  the 
other  purposes  specified  in  the  act  creating  said  commission.  Said  commission  shall 
forthwith  examine  said  report  and  any  data  in  its  possession  or  in  the  possession  of 
said  district  and  shall  make  such  additional  surveys  and  examinations  at  the  expense 
of  the  district  as  it  may  deem  proper  or  practicable,  and  as  soon  as  practicable  there- 
after shall  make  to  the  board  of  directors  of  said  district  a  report  which  shall  contain 
such  matters  as,  in  the  judgment  of  the  said  commission,  may  be  desirable;  provided, 
that  it  may  state  generally  the  conclusions  of  said  commission  regarding  the  supply  of 
water  available  for  the  project,  the  nature  of  the  soil  proposed  to  be  irrigated  as  to  its 
fertility  and  susceptibility  to  irrigation,  the  probable  amount  of  water  needed  for  its 
irrigation  and  the  probable  need  of  drainage,  the  cost  of  works,  water  rights  and  other 
property  necessary  for  a  complete  and  satisfactory  project,  the  proper  dates  of  matur- 
ity for  the  bonds  proposed  to  be  issued  and  whether  in  its  opinion  it  is  advisable  to 
proceed  with  the  proposed  bond  issue.  If  the  estimate  of  the  amount  of  said  bond 
issue  shall  have  included  any  amount  for  the  pajrment  of  interest  on  the  bonds  of  such 
issue,  as  provided  in  section  thirty  of  this  act,  and  such  estimate  for  the  payment  of 
interest,  or  any  part  thereof,  is  approved  by  the  commission  in  said  report,  it  shall  be 
lawful  for  the  board  of  directors,  if  the  issuance  of  such  bonds  is  thereafter  authorized 
by  vote  of  the  electors  of  the  district,  to  use  for  the  payment  of  interest  on  any  bonds 
of  such  issue  so  much  of  the  proceeds  of  the  sale  of  said  bonds  as  may  have  been 
approved  for  that  purpose  in  said  report  of  the  commission.  [Amendment  of  May  16, 
1919.     In  effect  July  22,  1919.     Stats.  1919,  p.  663.] 

This  was  a  new  section  added  May   18,   1917,  Stats.   1917,   p.  762. 

Report  to  hoard  of  directors.    Order  of  amount  of  bonds. 

$  30b.  If  after  such  examination  and  investigation  the  said  commission  shall  deem 
it  advisable  that  the  said  plans  be  modified  or  that  the  amount  of  the  bonds  proposed 
to  be  issued  be  changed,  or  that  certain  conditions  should  be  prescribed  to  insure  the 
success  of  the  project,  or  that  in  its  opinion  it  is  not  advisable  to  proceed  with  the 
proposed  bond  issue,  it  shall  so  state  in  its  report  to  the  board  of  directors.  After 
receiving  said  report,  or  if  no  report  is  received  within  ninety  days  after  the  sub- 
mission of  said  estimate  and  engineer's  report  to  said  commission,  said  board  of  direc- 
tors, if  it  shall  determine  and  shall  declare  by  resolution  that  the  proposed  plan  of 
works  or  some  modified  plan  recommended  by  said  commission  is  satisfactory  and  that 
the  said  project  or  said  modified  plan  is  feasible,  shall  make  an  order  determining  the 
amount  of  bonds  that  should  be  issued  in  order  to  raise  the  money  necessary  therefor ; 
and  provided,  further,  that  if  any  district  shall  issue  bonds  to  carry  out  any  plans 
approved  by  said  irrigation  district  bond  commission  as  herein  provided  it  shall  be 
unlawful  for  said  district  to  make  any  material  change  in  said  plans  thereafter  with- 
out the  consent  of  said  commission.  [Amendment  of  May  16,  1919.  In  effect  July  22, 
1919.     Stats.  1919,  p.  663.] 

This  was  a  new  section  added  May  18,  1917,  Stats.   1917,  p.  762. 

Special  election  for  bond  issue. 

$  30c.  After  the  making  of  the  order  specified  in  section  thirty  b  of  this  act  said 
board  of  directors  may  call  a  special  election,  at  which  shall  be  submitted  to  the  electors 


Act  21>6G,  §§  30d-30e  GBNIDRAL   LAWS.  1248 

of  suoh  district  possessing  the  qualifications  prescribed  by  this  act,  the  question  whether 
or  not  the  bonds  of  said  district  in  the  amount  determined  in  said  order  of  said  board 
shall  be  issued,  and  said  board  must  call  such  an  election  and  submit  said  question 
upon  receipt  of  a  petition  signed  by  a  majority  of  the  holdei's  of  title  or  evidence  of 
title  to  lands  within  the  district,  representing,  also,  a  majority  in  value  of  said  lands, 
or  by  at  least  five  hundred  petitioners,  each  petitioner  to  the  number  of  at  least  five 
hundred  to  be  an  elector  residing  within  the  district  or  a  holder  of  title  or  evidence  of 
title  to  lands  therein,  provided  that  said  petitioners  shall  include  the  holders  of  title  or 
evidence  of  title  to  not  less  than  twenty  per  cent  in  value  of  said  lands.  In  deter- 
mining the  value  of  any  lands  within  an  irrigation  district  and  the  holders  of  title  or 
evidence  of  title  to  such  lands  for  the  purpose  of  determining  the  sufficiency  of  any 
petition  required  by  this  act  after  the  organization  of  the  district,  the  assessment  roll 
of  the  district  last  equalized  at  the  time  of  the  presentation  of  such  petition  shall  be 
conclusive  evidence,  but  if  no  assessment  roll  of  the  district  has  theretofore  been 
equalized,  then  the  county  assessment  roll  of  the  county  within  which  any  land  within 
the  district  is  situated,  which  county  assessment  roll  has  been  last  equalized  at  the  time 
of  the  presentation  of  such  petition,  shall  be  conclusive  evidence  of  such  facts  for  such 
land.  [Amendment  of  May  16,  3919.  In  effect  July  22,  1919.  Stats.  1919,  p.  664.] 
This   was  a  new   section  added  May   18,   1917,  Stats.   1917,   p.   762. 

Notice. 

V^  30d.  Notice  of  such  election  must  be  given  by  posting  notices  in  three  public  places 
in  each  election  precinct  in  said  district  for  at  least  twenty  days  and  also  by  publica- 
tion of  such  notice  in  some  newspaper  published  in  the  county  where  the  office  of  the 
board  of  directors  of  such  district  is  required  to  be  kept,  once  a  week  for  at  least  three 
successive  weeks.  Such  notices  must  specify  the  time  of  holding  the  election,  the 
amount  of  bonds  proposed  to  be  issued;  and  said  election  must  be  held  and  the  result 
thereof  determined  and  declared  in  all  respects  as  nearly  as  practicable  in  conformity 
with  the  provisions  of  this  act  governing  the  election  of  officers;  provided,  that  no 
informalities  in  conducting  such  an  election  shall  invalidate  the  same  if  the  election 
shall  have  been  otherwise  fairly  conducted.  [New  section  added  May  19,  1917.  In 
effect  July  27,  1917.     Stats.  1917,  p.  763.] 

Questions  on  ballet.    Ballots. 

^  30e.  At  said  election  questions  as  to  the  issuance  of  bonds  may  be  submitted 
separately  on  the  same  ballot  if  estimates  of  the  cost  of  the  respective  projects  have 
been  made  and  the  irrigation  district  bond  commission  has  reported  thereon  and  the 
respective  propositions  have  been  stated  in  the  notices  of  the  election.  At  such  election 
the  ballots  shall  contain  a  general  statement  of  the  proposition  or  propositions  to  be 
voted  on,  including  the  amount  of  bonds  proposed  to  be  issued  for  each  purpose,  but 
no  informality  in  such  statement  shall  vitiate  the  election.  Each  proposition  shall  be 
followed  by  the  words  "Yes"  and  "No,"  on  separate  lines,  with  a  small  inclosed 
space  after  each  of  said  words.  Tbe  electors  shall  vote  for  or  against  any  proposition 
by  stamping  a  cross  (X)  i^  the  voting  space  after  the  word  "Yes"  or  "No" 
respectively.  On  the  ballot  shall  be  printed  the  following  under  the  heading  "Instruc- 
tions to  voters":  "To  vote  for  a  proposition,  stamp  a  cross  (X)  in  the  voting  space 
after  the  word  'Yes'  following  the  proposition.  To  vote  against  a  proposition,  stamp 
a  cross  (X)  i°  the  voting  space  after  the  word  'No'  following  the  proposition."  If 
two- thirds  of  the  votes  cast  for  and  against  any  proposition  are  for  "Yes,"  the  board 
of  directors  shall  cause  bonds  in  the  amount  specified  in  such  proposition  to  be  issued; 
provided,  that  if  said  election  shall  have  been  called  after  the  presentation  of  a  petition 
therefor  as  provided  in  section  thirty  c  of  this  act,  the  board  of  directors  shall  cause 
bonds  in  the  amount  specified  in  any  proposition  to  be  issued  if  a  majorit}'  of  the  votes 


1249  IRRIGATION  AND  IRRIGATION  DISTRICTS.  Act  2266,  §  31 

cast  for  and  against  said  proposition  are  for  "Yes."  If  the  number  of  votes  for  any 
proposition  is  less  than  the  number  required  herein  to  authorize  the  issuance  of  the 
bonds  provided  for  therein,  the  result  of  the  vote  on  said  proposition  shall  be  entered 
of  record,  but  said  proposition  may  be  again  submitted  to  the  electors  of  the  district 
at  a  special  election  upon  the  presentation  to  the  board  of  directors  of  a  petition  there- 
for signed  as  provided  in  section  thirty  c  of  this  act.  [Amendment  of  May  16,  1919. 
In  effect  July  22,  1919.     Stats.  1919,  p.  664.] 

This   was   a  new   section   added  May   18,   1917,   Stats.    1917,    p.   763. 

Form  of  bonds.    Interest.    Life  of  bonds.    May  be  paid  at  other  periods. 

§  31.  Subject  to  the  provisions  of  this  act,  the  board  of  directors  shall  prescribe  the 
form  of  the  bonds  issued  by  the  district  and  of  the  interest  coupons  to  be  attached 
thereto.  An  issue  of  bonds  is  hereby  defined  to  be  all  the  bonds  issued  in  accordance 
with  a  proposal  approved  by  the  electors  of  the  district.  Each  issue  of  the  bonds  of  a 
district  shall  be  numbered  consecutively  as  authorized,  and  the  bonds  of  each  issue  shall 
be  numbered  consecutively.  The  board  of  directors  shall  fix  the  date  of  said  bonds, 
or  may  divide  any  issue  into  two  or  more -divisions  and  fix  different  dates  for  the  bonds 
of  each  resjDective  division.  The  date  of  any  bond  must  be  subsequent  to  the  election 
at  which  its  issuance  was  authorized  and  prior  to  its  delivery  to  a  purchaser  from  the 
district.  The  date  of  issue  of  any  bond  authorized  under  this  act  or  heretofore  or 
hereafter  issued  in  pursuance  of  this  act  shall  be  deemed  to  be  the  apparent  date  of 
the  said  bond  appearing  on  the  face  thereof.  Each  bond  shall  be  signed  by  the  presi- 
dent and  secretary  of  the  board  of  directors  of  the  district,  who  may  be  in  office  at 
the  date  of  said  bond  or  at  any  time  thereafter  prior  to  the  delivery  of  said  bond  to 
the  purchaser  thereof  from  the  district,  and  the  seal  of  the  district  shall  be  impressed 
on  each  bond.  The  interest  coupons  shall  also  bear  the  signature  of  the  secretaiy  of 
the  board  of  directors  or  a  facsimile  of  such  signature.  The  board  of  directors  shall 
fix  the  denominations  of  said  bonds,  which  shall  not  be  less  than  one  hundred  dollars 
nor  more  than  one  thousand  dollars.  Said  bonds  shall  bear  interest  at  a  rate  to  be 
fixed  by  the  board  of  directors,  but  the  rate  shall  not  exceed  six  per  centum  per  annum. 
The  interest  shall  be  payable  on  the  first  day  of  January  and  the  first  day  of  July  of 
each  year.  The  board  of  directors  shall  also  designate  the  place  or  places  at  which  said 
bonds  or  any  of  them  and  the  interest  thereon  shall  be  pa3'able.  Each  issue  or  each 
division  of  any  issue  of  said  bonds  shall  be  payable  in  gold  coin  of  the  United  States 
in  twenty  series  as  follows,  to  wit :  at  the  expiration  of  twenty-one  years  from  the 
date  of  any  issue  or  any  division  of  any  issue  of  said  bonds,  two  per  centum  of  the 
whole  amount  of  such  issue  or  division;  at  the  expiration  of  twenty-two  years  from 
said  date,  two  per  centum  of  the  whole  amount  of  such  issue  or  division;  at  the  expira- 
tion of  twenty-three  years  from  said  date;  three  per  centum  of  the  whole  amount  of 
such  issue  or  division;  at  the  expiration  of  twenty-four  years  from  said  date,  three 
per  centum  of  the  whole  amount  of  such  issue  or  division;  at  the  expiration  of  twenty- 
five  years  from  said  date,  four  per  centum  of  the  whole  amount  of  such  issue  or  divi- 
sion; at  the  expiration  of  twenty-six  years  from  said  date,  four  per  centum  of  the 
whole  amount  of  such  issue  or  division;  at  the  expiration  of  twenty-seven  years  from 
said  date,  four  per  centum  of  the  whole  amount  of  such  issue  or  division ;  at  the  expira- 
tion of  twenty-eight  j'ears  from  said  date,  four  per  centum  of  the  whole  amount  of 
such  issue  or  division;  at  the  expiration  of  twenty-nine  years  from  said  date,  five  per 
centum  of  the  whole  amount  of  such  issue  or  division;  at  the  expiration  of  thirty  j'ears 
from  said  date,  five  per  centum  of  the  whole  amount  of  such  issue  or  division;  at  the 
expiration  of  thirty-one  years  from  said  date,  five  per  centum  of  the  whole  amount  of 
such  issue  or  division;  at  the  expiration  of  thirty-two  j'ears  from  said  date,  five 
per  centum  of  the  whole  amount  of  such  issue  or  division;  at  the  expiration  of 
thirty-three   years   from    said    date,    six   per   centum   of   the  whole  amount    of     such 

Gen.  Laws — 79 


Aa  'iaee,  gg  32-3aVi  GENERAL,   LAWS.  1250 

issue  ex  division;  at  the  expiration  of  thirty-four  years  from  said  date,  six  per  centum 
of  the  whole  amount  of  such  issue  or  division;  at  the  expiration  of  thirty-five  years 
from  said  date,  six  per  centum  of  the  whole  amount  of  such  issue  or  division;  at  the 
expiration  of  thirtj'-six  years  from  said  date,  six  per  centum  of  the  whole  amount  of 
such  issue  or  division;  at  the  expiration  of  thirty-seven  years  from  said  date,  seven  per 
centum  of  the  whole  amount  of  such  issue  or  division ;  at  the  expiration  of  thirty-eight 
years  from  said  date,  seven  per  centum  of  the  whole  amount  of  such  issue  or  division; 
at  the  expiration  of  thirty-nine  years  from  said  date,  eight  per  centum  of  the  whole 
amount  of  such  issue  or  division;  at  the  expiration  of  forty  years  from  said  date,  eight 
per  centum  of  the  whole  amount  of  such  issue  or  division;  provided,  that  if  any  bonds 
are  not  dated  on  the  first  day  of  January  or  the  first  day  of  July,  they  shall  neverthe- 
less be  made  payable  on  the  first  day  of  January  or  the  first  day  of  July  next  preceding 
the  date  on  which  they  would  become  payable  according  to  the  foregoing  schedule. 
Bonds  of  any  issue  may  be  made  payable  at  the  ends  of  other  periods  than  are  specified 
herein  and  the  number  of  series  may  be  more  or  less  than  twenty  if  the  number  of 
series  and  the  length  of  the  respective  periods  at  the  ends  of  which  the  respective 
amounts  of  bonds  shall  be  made  payable  have  been  specified  in  the  notice  of  the  election 
ai  which  the  issuance  of  such  bonds  was  authorized,  or  on  the  recommendation  of  the 
irrigation  district  bond  commission,  but  in  any  event  the  bonds  shall  all  be  made  payable 
on  the  first  day  of  January  or  the  first  day  of  July  next  preceding  the  ends  of  the 
respective  periods  specified,  unless  said  bonds  are  dated  on  the  first  day  of  January 
or  the  first  day  of  July,  and  in  no  case  shall  the  maturity  of  any  bond  be  more  than 
forty  years  from  the  date  hereof,  nor  shall  more  than  eight  per  centum  of  the  total 
amount  of  any  issue  or  division  be  made  payable  in  any  one  year  if  the  number  of 
series  is  made  more  than  twenty.  Each  bond  shall  be  made  payable  at  a  given  time  for 
its  full  face  value  and  not  for  a  percentage  thereof.  [Amendment  of  May  16,  1919. 
In  efi^ct  July  22,  1919.    Stats.  1919,  p.  665.] 

This  section  was  also  amended  January  25,  1912,  Stats.  1911  (ex.  sess.),  p.  248;  June  16, 
1913,   Stats.    1913,   p.    998. 

Sale  of  bonds.    Notice  by  publication. 

^  32.  The  board  may  sell  said  bonds  from  time  to  time  in  such  quantities  as  may 
be  necessary  and  most  advantageous  to  raise  money  for  the  construction  of  said  canals 
and  works,  the  acquisition  of  said  property  and  rights,  or  the  acquisition  of  any  water 
or  water  rights,  and  otherwise  to  fully  carry  out  the  objects  and  purposes  of  tliis  act. 
Before  making  any  sale  the  board  shall,  at  a  meeting,  by  resolution,  declare  its  intention 
to  sell  a  specified  amount  of  the  bonds,  and  the  day  and  hour  and  place  of  such  sale, 
and  shall  cause  such  resolution  to  be  entered  in  the  minutes,  and  notice  of  the  sale  to  be 
given,  by  publication  thereof  at  least  three  weeks  in  some  newspaper  published  in  the 
county  where  the  office  of  the  board  of  directors  is  located  and  in  any  other  newspaper 
at  its  discretion.  The  notice  shall  state  that  sealed  proposals  will  be  received  by  the 
board  at  their  office,  for  the  purchase  of  bonds,  till  the  day  and  hour  named  in  the  reso- 
lution. At  the  time  appointed  the  board  shall  open  the  proposals  and  award  the  pur- 
chase of  the  bonds  or  any  portion  or  portions  thereof  to  the  highest  responsible  bidder 
or  bidders;  provided,  however,  that  they  may  reject  any  or  all  bids.  [Amendment  of 
June  16,  1913.    Stats.  1913,  p.  1000.] 

This  section  was  also  amended  March  28,  1911,  Stats.  1911,  p.   513. 

§  32a.  [New  section  added  May  19,  1917.  Stats.  1917,  p.  764.  Repealed  May  16, 
1919.    In  effect  July  22,  1919.    Stats.  1919,  p.  667.] 

Election  on  sale  of  bonds  for  less  than  par. 

$  321/2.  If  any  irrigation  district  bonds  have  been  authorized  before  the  time  when 
this  section  shall  go  into  effect  but  have  not  been  sold  and  the  board  of  directors  of  said 
district  deems  it  desirable  that  said  board  be  authorized  to  sell  said  bonds  for  less  than 


1251  IllKIGATION  AND  IRRIGATION  DISTRICTS.  Act  2266,  g§  33-23 

the  par  value  thereof,  said  board  may  call  a  special  election  to  submit  to  the  voters  of 
the  district  said  proposition.  Such  election  shall  be  held  and  notice  thereof  shall  be 
given  in  the  same  manner  as  is  provided  in  the  case  of  special  elections  to  authorize  the 
issuance  of  bonds  in  irrigation  districts.  The  proposition  shall  be  stated  in  substan- 
tially the  following  form:     "Shall  the  board  of  directors  of (insert  the 

name)  irrigation  district  be  authorized  to  sell  bonds  of  the  district  for  less  than  the 
par  value  thereof?"  followed  by  the  words  "Yes"  and  "No,"  as  provided  in  section  30 
hereof.  If  at  least  two-thirds  of  the  legal  votes  cast  at  such  election  are  for  "Yes," 
then  the  board  of  directors  may  sell  any  bonds  authorized  by  said  district  before  this 
section  shall  take  effect  to  the  highest  responsible  bidder  or  bidders,  as  is  provided  in 
the  foregoing  section.  If  less  than  two-thirds  of  the  legal  votes  cast  at  such  election 
shall  be  for  "Yes"  the  result  shall  be  entered  of  record.  [New  section  approved 
June  16,  1913.    Stats.  1913,  p.  1000.] 

Paid  by  annual  assessment. 

5  33.  Said  bonds  and  the  interest  thereon  shall  be  paid  from  revenue  derived  from 
an  annual  assessment  upon  the  land  within  the  district;  and  all  the  land  within  the  dis- 
trict shall  be  and  remain  liable  to  be  assessed  for  such  payments  as  hereinafter  pro- 
vided.    [Amendment  of  May  19,  1917.    In  effect  July  27,  1917.    Stats.  1917,  p.  764.] 

ASSESSMENT  FOR  COMPLETION  OF  WOEK. 
Assessments  to  complete  works.    Notice  of  election.    Ballots. 

§  34.  In  case  the  money  raised  by  the  sale  of  bonds  issued  be  insufficient,  or  in  case 
the  bonds  be  unavailable  for  the  completion  of  the  plan  of  canal  and  works  adopted, 
and  the  acquisition  of  the  necessary  projierty,  waters  and  water  rights  therefor,  and 
additional  bonds  be  not  voted,  it  shall  be  the  duty  of  the  board  of  directors  to  provide 
for  the  completion  of  said  plan,  and  the  acquisition  of  such  necessary  property,  waters 
and  water  rights,  by  levy  of  assessments  therefor;  provided,  however,  that  such  levy  of 
assessments  shall  not  be  made  except  first  an  estimate  of  the  amount  required  for  such 
purposes  has  been  made  by  said  board,  and  the  question  as  to  the  making  of  said  levy 
submitted  to  a  vote  of  the  electors  of  the  district.  Before  such  question  is  submitted 
the  order  of  submission  shall  be  entered  in  the  minutes  of  the  board,  stating  the  amount 
to  be  levied  and  the  purfDose  therefor,  and  if  submitted  at  a  special  election  said  order 
shall,  in  addition,  fix  the  day  of  election.  Notice  of  such  election  must  be  given  by  post- 
ing notices  in  three  public  places  in  each  election  precinct  in  said  district  for  at  least 
twenty  days,  and  also  by  publication  of  such  notice  in  some  newspajier  published  in  the 
county  where  the  office  of  the  board  of  directors  of  such  district  is  required  to  be  kept 
once  a  week  for  at  least  three  successive  Aveeks.  Such  notices  must  specify  the  time  of 
holding  the  election,  and  the  amount  of  assessment  proposed  to  be  levied.  Said  election 
must  be  held  and  the  result  thereof  determined  and  declared  in  all  respects  as  nearly  as 
practicable  in  conformity  with  the  provisions  of  this  act  governing  the  election  of  offi- 
cers; provided,  that  no  informalities  in  conducting  such  an  election  shall  invalidate  the 
same,  if  the  election  shall  have  been  otherwise  fairly  conducted.  At  such  election  the 
ballots  shall  contain  the  words  "Assessment — Yes,"  or  "Assessment — No,"  or  words 
equivalent  thereto.  If  a  majority  of  the  votes  cast  are  "Assessment — Yes,"  the  board 
of  directors  shall  cause  an  assessment  in  the  amount  named  in  the  order  of  submission 
to  be  levied;  if  a  majority  of  the  votes  cast  are  "Assessment — No,"  the  result  of  such 
election  shall  be  so  declared  and  entered  of  record.  [Amendment  approved  March  28, 
1911.    Stats.  1911,  p.  514.] 

Duty  of  Assessor. 

§  35.  The  assessor  must,  between  the  first  Monday  in  March  and  the  first  Monday  in 
June,  in  each  year,  assess  all  real  estate  in  the  district,  to  the  persons  who  own,  claim 


Act  22G0.  8§  36-38  GKNKRAL   LAWS.  125:2 

or  have  possession  or  control  thereof,  at  its  full  cash  value,  as  follows :  He  must  pre- 
pare an  assessment  book,  with  appropriate  headings,  in  which  must  be  listed  all  such 
propert}'  within  the  district,  in  which  must  be  specified,  in  separate  columns,  under  the 
appropriate  head:  (1)  the  name  of  the  person  to  whom  the  proi>erty  is  assessed,  if  the 
name  is  not  known  to  the  assessor,  the  property  shall  be  assessed  to  "unknown  own- 
ers"; (2)  land  by  township,  range,  section  or  fractional  section,  and  when  such  land  is 
not  congressional  division  or  subdivision,  by  metes  and  bounds,  or  other  description 
sufficient  to  identify  it,  giving  an  estimate  of  the  number  of  acres  and  locality;  (3)  citj' 
and  town  lots,  naming  the  city  or  town,  and  the  number  and  block,  according  to  the 
system  of  numbering  in  such  city  or  town;  (4)  the  cash  value  of  real  estate,  other  than 
city  or  town  lots;  (5)  the  cash  value  of  city  and  town  lots;  (6)  the  total  value  of  all 
property  assessed;  (7)  the  total  value  of  all  property  after  equalization  by  the  board 
of  directors;  (8)  such  other  things  as  the  board  of  directors  may  require.  Improve- 
ments on  any  lands  or  town  lots  within  such  districts  shall  be  exempt  from  taxation  for 
any  of  the  purposes  mentioned  in  this  act.  Any  property  which  may  have  escaped  the 
payment  of  any  assessment  for  any  year,  shall,  in  addition  to  the  assessment  for  the 
then  current  year,  be  assessed  for  such  year  with  the  same  effect  and  with  the  same  pen- 
alties as  are  provided  for  in  such  current  year.  The  term  improvements  as  used  in  this 
section  includes  trees,  vines,  alfalfa  and  all  growing  crops  and  all  buildings  and  struc- 
tures of  whatever  class  or  description  erected  or  being  erected  upon  said  lands  or  city 
or  town  lots.  [Amendment  of  May  19,  1917.  In  effect  July  27,  1917.  Stats.  1917, 
p.  764.] 

This  section   was   also  amended  March   18,   1909,   Stats.    1909,   p.    461. 

Deputies.    Compensation. 

$  36.  The  board  of  directors  must  allow  the  assessor  as  many  deputies,  to  be  ap- 
pointed by  him,  as  will,  in  the  judgment  of  the  board,  enable  him  to  complete  the 
assessment  within  the  time  herein  prescribed.  The  board  must  fix  the  compensation  of 
such  deputies,  which  shall  be  paid  out  of  the  treasury  of  the  district.  The  compensa- 
tion must  not  exceed  five  dollars  per  day  for  each  deputy,  for  the  time  actually  engaged, 
nor  must  any  allowance  be  made  but  for  work  done  between  the  first  Monday  in  March 
and  the  first  Monday  in  August  in  each  year. 

Time  for  completion  of  assessment  book.    Time  for  equalizing  assessments. 

5  37.  On  or  before  the  first  Monday  in  August  in  each  year,  the  assessor  must  com- 
plete his  assessment  book,  and  deliver  it  to  the  secretary  of  the  board,  who  must  imme- 
diately give  notice  thereof,  and  of  the  time  the  board  of  directors,  acting  as  a  board  of 
equalization,  will  meet  to  equalize  assessments,  by  publication  in  a  newspaper  pub- 
lished in  each  of  the  counties  comprising  the  district.  The  time  fixed  for  the  meeting 
shall  not  be  less  than  twenty  nor  more  than  thirty  days  from  the  first  publication  o^ 
the  notice;  and  in  the  meantime  the  assessment  book  must  remain  in  the  oflBce  of  the 
secretai-y  for  the  inspection  of  all  persons  interested. 

EQUAJ^IZATION  OF  ASSESSMENT. 
Hearing  as  to  and  equalization  of  values.    Duty  of  secretary. 

§  38.  Upon  the  day  specified  in  the  notice  required  by  the  preceding  section  for  the 
meeting,  the  board  of  directors,  which  is  hereby  constituted  a  board  of  equalization  f  or 
that  purpose,  shall  meet  and  continue  in  session  from  time  to  time,  as  long  as  may  be 
necessary,  not  to  exceed  ten  days,  exclusive  of  Sundays,  to  hear  and  determine  such 
objections  to  the  valuation  and  assessment  as  may  come  before  them;  and  the  board 
may  change  the  valuation  as  may  be  just.  The  secretary  of  the  board  shall  be  present 
during  its  sessions,  and  note  all  changes  made  in  the  valuation  of  property,  and  in  the 
names  of  the  persons  whose  property  is  assessed;  and  within  ten  days  after  the  close 


f 


1253  IRRIGATION  AIVD  IRRIGATION  DISTRICTS.  Act  2266,  §§  30-39b 

of  the  session  lie  shall  have  the  total  values,  as  finally  equalized  by  the  board,  extended 
into  columns  and  added. 

LEVY  AND  COLLECTION  OF  TAX. 
Assessment  for  interest  on  bonds  of  irrigation  district.    Eentals,  etc.     Contracts  for 

power  or  fuel.    Unpaid  warrants. 

§  39.  The  board  of  directors  shall  then,  within  fifteen  days  after  the  close  of  its 
session  as  a  board  of  equalization,  levy  an  assessment  upon  the  lands  within  the  district 
in  an  amount  sufficient  to  raise  the  interest  due  or  that  will  become  due  on  all  out- 
standing bonds  of  the  district  on  the  first  day  of  the  next  ensuing  January  and  the 
first  day  of  the  next  ensuing  July,  or  that  the  board  of  directors  believes  will  become 
due  on  either  or  both  of  said  dates,  on  bonds  authorized  but  not  sold;  also  sufficient  to 
pay  the  principal  of  all  bonds  of  the  district  that  have  matured  or  that  will  mature 
before  the  close  of  the  next  ensuing  calendar  year;  also  sufficient  to  pay  in  full  all  sums 
due  or  that  will  become  due  from  the  district  before  the  time  for  levying  the  next 
annual  assessment,  on  account  of  rentals,  or  charges  for  lands,  water  or  water  rights 
acquired  by  said  district  under  lease  or  contract;  also  sufficient  to  pay  in  full  all  sums 
due  or  that  will  become  due  from  the  district,  before  the  time  for  levying  the  next 
annual  assessment,  on  account  of  contracts  entered  into  by  the  district  for  power  or  fuel 
used  or  to  be  used  for  the  pumping  of  water  for  the  irrigation  of  land  within  the  dis- 
trict; provided,  the  payment  of  the  cost  of  such  power  or  fuel  has  not  been  provided 
for  by  the  levying  of  tolls  or  charges  for  the  use  of  water  or  otherwise,  also  sufficient  to 
pay  in  full  the  amount  of  all  unpaid  wan*ants  of  the  district  issued  in  accordance  with 
this  act  and  the  amount  of  any  other  contracts  or  obligation  of  the  district  which  shall 
have  been  reduced  to  judgment;  also  sufficient  to  raise  such  amount  not  exceeding  two 
per  centum  of  the  aggregate  value  of  the  lands  within  the  district  according  to  the 
latest  duly  equalized  assessment  roll  thereof,  as  the  board  of  directors  shall  determine 
may  be  needed  to  be  raised  by  assessment  for  any  of  the  purposes  of  this  act.  [Amend- 
ment of  May  11,  1919.    In  effect  July  22,  1919.     Stats.  1919,  p.  472.] 

This  section  was  also  amended  February  22,  1909,  Stats.  1909,  p.  46;  March  28,  1911. 
Stats.   1911,   p.   514;   April  22,   1913,   Stats.   1913,   p.   59;   May   18,   1917,   Stats.   1917,   p.   765. 

Duty  of  secretary. 

§  39a.  The  secretary  of  the  board  must  compute  and  enter  in  a  separate  column  of 
the  assessment  book  the  respective  sums  in  dollars  and  cents  to  be  paid  as  an  assessment 
on  the  propertj'^  therein  enumerated.  When  collected,  the  assessment  shall  be  paid  into 
the  district  treasury  and  be  apportioned  to  the  several  projDer  funds.  [New  section 
added  May  19,  1917,    In  effect  July  27,  1917.    Stats.  1917,  p.  765.] 

Neglect  to  make  assessment.    Neglect  of  collector. 

$  39b.  If  as  the  result  of  the  neglect  or  refusal  of  the  board  of  directors  to  cause 
such  assessment  and  levies  to  be  made  as  in  this  act  provided,  then  the  duly  equalized 
assessment  made  by  the  county  assessor  of  the  county  or  each  of  the  respective  counties 
in  which  the  district  is  situated  shall  be  the  basis  of  assessment  for  the  district,  and  the 
board  of  supervisors  of  the  county  in  which  the  office  of  the  board  of  directors  of  said 
district  is  situated  shall  cause  an  assessment  roll  of  said  district  to  be  prepared,  and 
shall  make  the  levy  required  by  this  act,  in  the  same  manner  and  with  like  effect  as  if 
the  same  had  been  made  by  said  board  of  directors  and  all  expenses  incident  thereto 
shall  be  borne  by  such  district  and  may  be  collected  by  suit  at  law,  which  shall  be  com- 
menced by  the  district  attorney  of  the  county  whose  board  of  supervisors  caused  said 
assessment  roll  to  be  prepared,  unless  the  amount  of  such  expenses  shall  be  paid  within 
sixty  days  from  tlie  time  when  projjer  demand  shall  have  been  made  therefor.  In  case 
of  the  neglect  or  refusal  of  the  collector  or  treasurer  of  any  irrigation  district  to  per- 
form the  duties  imposed  by  law,  then  the  tax  collector  and  the  treasurer  of  the  county 


Act  2266,  §g  39c-39e  GENEIRAL   LAWS.  1254 

in  which  the  office  of  the  board  of  directors  of  such  district  is  situated  must  respectively 
perform  such  duties  and  shall  be  accountable  therefor  upon  their  official  bonds;  but,  in 
case  any  county  tax  collector  shall  collect  any  assessment  for  any  irrigation  district, 
he  shall  pay  the  same  to  the  county  treasurer,  who  shall  place  such  money  in  special 
fund  to  the  credit  of  the  district  and  shall  disburse  the  same  to  the  proper  persons  for 
the  purposes  for  which  such  assessments  have  been  levied  and  shall  not  pay  any  part 
thereof  to  the  treasurer  of  said  district  until  said  county  treasurer  shall  be  satisfied  that 
all  of  the  valid  obligations  for  which  such  assessments  were  levied  and  for  which  pay- 
ment has  been  demanded  have  been  paid.  [New  section  added  May  19,  1917.  In  effect 
July  27,  1917.    Stats.  1917,  p.  765.] 

Duty  of  district  attorney, 

$  39c.  It  shall  be  the  duty  of  the  district  attorney  of  each  county  in  which  the  office 
of  any  irrigation  district  is  located  to  ascertain  each  year  whether  the  duties  relating 
to  the  levying  and  collection  of  assessments,  as  in  this  act  provided,  have  been  per- 
formed, and  if  he  shall  learn  that  the  board  of  directors  or  any  official  of  any  such 
irrigation  district  has  neglected  or  refused  to  perform  any  such  duty,  said  district 
attorney  shall  so  notify  the  board  of  supervisors  or  the  county  official  required  by  this 
act  to  perform  such  duty  in  such  case,  and,  unless  such  board  of  supervisors  or  such 
county  official  shall  proceed  to  the  performance  of  such  duty  within  thirty  days  after 
the  receipt  of  such  notice  the  district  attorney  shall  take  such  action  in  court  as  may 
be  necessary  to  compel  the  performance  of  such  duty,  and  said  district  attorney  shall 
give  such  notice  to  other  officials,  and  shall  take  such  action,  as  may  be  necessary  to 
secure  the  performance  in  their  proper  sequence  of  the  other  duties  relating  to  the 
levying  and  collection  of  assessments,  as  in  this  act  provided,  that  for  the  enforcement 
of  the  levying  and  collection  of  any  assessment  hereafter  required  to  be  levied  and  col- 
lected for  the  payment  of  any  debt  hereafter  incurred,  in  case  complaint  shall  be  made 
lo  the  attorney  general  of  the  state  of  California  that  the  district  attorney  of  any 
county  has  not  performed  any  duty  devolving  upon  him  by  the  provisions  of  this  sec- 
tion, or  that  he  is  not  proceeding  with  due  diligence  or  in  the  proper  manner  in  the 
performance  of  any  such  duty,  the  attorney  general  shall  make  an  investigation,  and 
if  it  shall  be  found  that  such  charge  or  charges  are  true,  said  attorney  general  shall 
take  such  measures  as  may  be  necessary  to  enforce  the  performance  of  the  duties  relat- 
ing to  the  levying  and  collection  of  assessments,  as  in  this  act  provided.  [New  section 
added  May  19,  1917.    In  effect  July  27,  1917.    Stats.  1917,  p.  766.] 

Extension  of  time. 

$  39d.  If  as  the  result  of  the  neglect  or  refusal  of  any  official  or  officials  to  perform 
any  duty  relating  to  the  levying  and  collection  of  assessments,  as  in  this  act  provided,  .it 
shall  be  impossible  for  such  duty  to  be  performed  within  the  time  required  and  such 
duty  shall  subsequently  be  performed,  then  the  time  within  which  all  duties  consequent 
upon  the  performance  of  such  duty  shall  be  performed  shall  be  extended  so  as  to  allow 
the  elapsing  of  the  intervals  required  by  this  act  to  elapse  between  the  performance  of 
such  duties,  and  the  assessments  herein  provided  for  shall  not  become  delinquent  for  at 
least  thirty  days  after  the  first  publication  of  the  notice  that  such  assessments  are  due 
and  payable,  as  provided  in  section  forty-one  of  this  act.  [New  section  added  May  19, 
1917.    In  effect  July  27,  1917.     Stats.  1917,  p.  767.] 

Assessment  of  land  omitted. 

§  39e.  In  the  event  any  land  within  said  district  subject  to  assessment  for  the  pur- 
poses of  the  district  has  not  been  assessed  by  the  county  assessor  or  does  not  appear 
upon  the  county  assessment-roll  adopted  by  said  board  of  supervisors  as  the  basis  of 
assessment  for  the  district,  the  land  so  omitted  belonging  to  any  person,  associiition, 


1253  IRRIGATION  AND  IRRIGATION  DISTRICTS,  Act  2266,  §§  39f-41a 

corporation,  or  municipality  shall  be  forthwith  assessed  by  the  county  assessor  upon 
an  order  of  the  board  of  supervisors  and  a  description  of  the  property  so  omitted  shall 
be  written  in  the  roll  prepared  for  the  purpose  of  district  assessments.  In  such  case, 
before  any  assessment  is  levied,  the  board  of  supervisors  must  meet  and  equalize  said 
assessment  with  that  of  the  assessment  of  other  lands  in  said  district.  The  same  notice 
shall  be  given  by  the  board  of  supervisors  of  such  meeting  for  the  purpose  of  equalizing 
the  assessment  to  be  made  as  herein  directed  as  is  provided  in  this  act  to  be  given  by  the 
board  of  directors  of  an  irrigation  district  when  the  said  board  is  to  meet  for  the  pur- 
pose of  equalizing  assessments.  All  the  powers  and  duties  respecting  the  collection  of 
all  assessment  on  possession  of,  claim  to,  or  right  to  the  possession  of  land  now  provided 
in  sections  three  thousand  eight  hundred  twenty,  three  thousand  eight  hundred  twenty- 
one,  three  thousand  eight  hundred  twenty-two,  three  thousand  eight  hundred  twenty- 
three,  three  thousand  eight  hundred  twenty-four,  three  thousand  eight  hundred  twenty- 
five  and  three  thousand  eight  hundred  twenty-nine  of  the  Political  Code,  as  regards 
count}'  assessors  shall  apply,  so  far  as  applicable  to  irrigation  district  assessors.  [New 
section  added  May  19,  1917.    In  effect  July  27,  1917.    Stats.  1917,  p.  767.] 

Unpaid  tolls  part  of  assessment. 

§  39f.  Whenever  any  tolls  and  charges  for  the  use  of  water  have  been  fixed  by  the 
board  of  directors,  it  shall  be  lawful  to  make  the  same  payable  in  advance,  and  in  case 
any  such  tolls  or  charges  remain  unpaid  at  the  time  hereinbefore  specified  for  levying 
the, annual  assessment  the  amount  due  for  such  tolls  and  charges  may  be  added  to 
and  become  a  part  of  the  assessment  levied  upon  the  land  upon  which  the  water  for 
which  such  tolls  or  charges  are  unpaid  was  used.  [New  section  added  May  19,  1917. 
In  effect  July  27,  1917.    Stats.  1917,  p.  768.] 

Assessment  a  lien  when. 

$  40.  The  assessment  upon  land  is  a  lien  against  the  property  assessed  from  and 
after  the  first  Monday  in  March  for  any  year.  [Amendment  of  May  19,  1917.  In 
effect  July  27,  1917.    Stats.  1917,  p.  768.] 

Notice  that  assessments  are  due.    When  delinauent. 

§  41.  On  or  before  the  first  day  of  November,  the  secretary  must  deliver  the  assess- 
ment book  to  the  collector  of  the  district,  who  shall  within  twenty  days  publish  a  notice 
in  a  newspaper  published  in  each  county  in  which  any  portion  of  the  district  may  lie, 
that  said  assessments  are  due  and  payable  and  will  become  delinquent  at  6  o'clock 
p.  m.  on  the  last  Monday  of  December  next  thereafter,  and  that  unless  paid  prior  thereto 
ten  per  cent  will  be  added  to  the  amount  thereof,  and  also  the  time  and  place  at  which 
payment  of  assessments  may  be  made,  which  notice  shall  be  published  for  the  period 
of  two  weeks.  The  collector  must  attend  at  the  time  and  place  specified  in  the  notice 
to  receive  assessments,  which  must  be  paid  in  gold  and  silver  coin;  he  must  mark  the 
date  of  payment  of  any  assessment 'in  the  assessment  book  opposite  the  name  of  the 
person  paying  and  giving  a  receipt  to  such  person,  specifying  the  amount  of  the  assess- 
ment and  the  amount  paid,  with  the  description  of  the  i3roperty  assessed.  On  the  last 
Monday  in  December  at  six  o  'clock  p.  m.  of  each  year,  all  unpaid  assessments  are  delin- 
quent and  thereafter  the  collector  must  collect  thereon,  for  the  use  of  the  district,  an 
addition  of  ten  per  cent.     [Amendment  approved  June  16,  1913.    Stats.  1913,  p.  1002.] 

Suit  against  delinquent  to  collect  assessment. 

§  41a.  The  board  of  directors  may  at  any  time  after  any  assessment  has  become 
delinquent  direct  the  collector  not  to  proceed  with  the  sale  of  any  property  on  the  delin- 
quent list,  but  to  bring  suit  against  the  delinquent  in  the  projier  court  in  the  name  of 
the  district  to  enforce  such  collection.     The  provisions  of  the  Code  of  Civil  Procedure 


Art  ^'^Ce,  g§  42-44  GI^NKRAL  LAWS.  12B9 

relating  to  pleadings,  proofs,  trials  and  pleas  are  hereby  made  applicable  to  the  proceed- 
ings herein  provided  for,  and  in  such  suit  the  district  may  recover  the  amount  of  said 
assessments  together  with  the  penalties  and  interests,  provided  in  this  act,  and  costs 
of  suit.  [New  section  added  June  9,  1915.  In  effect  August  8,  1915.  Stats.  1915, 
p.  1368.] 

PUBLICATION  OF  DELINQUENT  NOTICE. 
Duty  of  collector.    Day  of  sale. 

^  42.  On  or  before  the  first  day  of  February,  the  collector  must  publish  the  delin- 
quent list,  which  must  contain  the  names  of  the  persons  and  a  description  of  the  prop- 
erty delinquent,  and  the  amount  of  the  assessments  and  costs  due  opposite  each  name 
and  description.  He  must  append  to  and  publish  with  the  delinquent  list  a  notice,  that 
unless  the  assessments  delinquent,  together  with  costs  and  percentage,  are  paid,  the 
real  property  upon  which  such  assessments  are  a  lien  will  be  sold  at  public  auction. 
The  publication  must  be  made  once  a  week  for  three  successive  weeks,  in  a  newspaper 
published  in  the  county  in  which  the  property  delinquent  is  situated;  provided,  that  if 
any  property  assessed  to  the  same  person  or  corporation  shall  lie  in  more  than  one 
county,  then  such  publication  may  be  made  in  any  county  in  which  any  portion  of  such 
property  may  lie.  The  publication  must  designate  the  time  and  place  of  sale.  The  time 
of  sale  must  not  be  less  than  twenty-one  or  more  than  twenty-eight  days  from  the 
first  publication,  and  the  place  must  be  at  some  point  designated  by  the  collector, 
within  the  district;  provided,  however,  that  if  there  should  occur  any  error  in  the  pub- 
lication of  the  sale  of  the  delinquent  property,  which  might  invalidate  a  sale  made 
thereunder,  and  such  error  is  discovered  prior  to  sale  thereunder  the  collector  shall  at 
once  republish  the  sale  of  the  property  affected  by  such  error,  making  such  republica- 
tion conform  to  the  provisions  of  this  law,  and  the  time  of  sale  designated  in  such 
republication  must  not  be  less  than  twenty-one  nor  more  than  twenty-eight  days  from 
the  first  republication;  and  the  place  of  sale  must  be  at  some  point  designated  by  the 
collector  within  the  district,  and  stated  in  such  republication. 

SALE   FOR  DELINQUENT   TAXES. 
Sale  for  delinquent  taxes.    Sale  of  property  for  delinquent  assessment. 

$  43.  The  collector  must  collect,  in  addition  to  the  assessments  due  on  the  delinquent 
list,  and  ten  per  cent  added,  fifty  cents  on  each  lot,  piece  or  tract  of  land  separately 
assessed.  On  the  day  fixed  for  the  sale,  or  some  subsequent  day  to  which  he  may  have 
postponed  it,  of  which  he  must  give  notice,  the  collector,  between  the  hours  of  ten  a.  m. 
and  three  o  'clock  p.  m.,  must  commence  the  sale  of  the  property  advertised,  commencing 
at  the  head  of  the  list  and  continuing  alphabetically,  or  in  the  numerical  order  of  the 
lots  or  blocks,  until  completed.  He  may  postpone  the  day  of  commencing  the  sales,  or 
the  sale,  from  day  to  day,  but  the  sale  must  be  completed  within  three  weeks  from  the 
day  first  fixed;  provided,  that  if  any  sale  or  sales  shall  be  stayed  by  legal  proceedings, 
the  time  of  the  continuance  of  such  proceedings  is  not  part  of  the  time  limited  for 
making  such  sale  or  sales;  and  provided,  further,  that  in  any  district  where  the  validity 
of  any  assessment  shall  be  in  litigation  at  the  time  this  act  shall  take  effect,  the  sale  of 
any  property,  whether  it  be  involved  in  such  litigation  or  not,  may  be  postponed  for  a 
time  not  to  exceed  four  months.  [Amendment  approved  June  16,  1913.  Stats.  1913, 
p.  1003.] 

Rights  of  owner  of  realty.    Resale  in  default  of  payment.    District  may  purchase. 

§  44.  The  owner  or  person  in  possession  of  any  real  estate  offered  for  sale  for 
assessments  due  thereon  may  designate,  in  writing,  to  the  collector,  prior  to  the  sale, 
what  portion  of  the  property  he  wishes  sold,  if  less  than  the  whole;  but  if  the  owner 
or  possessor  does  not,  then  the  collector  ma}'  designate  it  and  the  person  who  will  take 


123T  IRRIGATION  AND  IRRIGATION  DISTRICTS.  Act  3266,  §§  45-47 

the  least  quantity  of  the  land,  or  in  ease  an  undivided  interest  is  assessed,  then  the 
smallest  portion  of  the  interest,  and  pay  the  assessments  and  costs  due,  including  two 
dollars  for  the  duplicate  certificate  of  sale,  is  the  purchaser.  If  the  purchaser  does  not 
pay  the  assessments  and  costs  before  10  o'clock  a.  m.  the  following  day,  the  property 
on  the  next  sale  day  must  be  resold  for  the  assessments  and  costs.  But  in  ease  there  is 
no  purchaser  in  good  faith  for  the  same  on  the  first  day  that  the  property  is  offered 
for  sale,  then,  when  the  property  is  offered  thereafter  for  sale,  and  there  is  no  purchaser 
in  good  faith  for  the  same,  the  whole  amount  of  the  property  assessed  shall  be  struck 
off  to  the  irrigation  district  within  which  such  lands  as  situated  as  the  purchaser,  and 
the  duplicate  certificate  delivered  to  the  treasurer  of  the  district,  and  filed  by  him  in  his 
office.  No  charge  shall  be  made  for  the  duplicate  certificate  where  the  district  is  the 
purchaser,  and,  in  such  case,  the  collector  shall  make  an  entry,  "Sold  to  the  district," 
and  he  shall  be  credited  with  the  amount  thereof  in  his  settlement.  An  irrigation  dis- 
trict as  a  purchaser  at  such  sale,  shall  be  entitled  to  the  same  rights  as  a  private  pur- 
chaser, and  the  title  so  acquired  by  the  district,  subject  to  the  right  of  redemption 
hereinbefore  provided,  may  be  conveyed  by  deed,  executed  and  acknowledged  by  the 
president  and  secretary  of  said  board;  provided,  that  authority  to  so  convey  must  be 
conferred  by  resolution  of  the  board  entered  on  its  minutes,  fixing  the  price  at  which 
such  sale  may  be  made,  and  such  conveyance  shall  not  be  made  for  a  less  sum  than  the 
reasonable  market  value  of  such  property. 

Certificate  of  sale. 

^  45.  After  receiving  the  amount  of  assessments  and  costs,  the  collector  must  make 
out  in  duplicate  a  certificate,  dated  on  the  day  of  sale,  stating  (when  known)  the  name 
of  the  person  assessed,  a  descriiDtion  of  the  land  sold,  the  amount  paid  therefor,  that  it 
was  sold  for  assessments,  giving  the  amount  and  year  of  the  assessment,  and  specifying 
the  time  when  the  j^urchaser  will  be  entitled  to  a  deed.  The  certificate  must  be  signed 
by  the  collector,  and  one  copy  delivered  to  the  purchaser,  and  the  other  filed  in  the 
office  of  the  county  recorder  of  the  county  in  which  the  land  is  situated. 

Record  book  of  property  sold  for  assessment. 

^  4G.  The  eollecior,  before  delivering  any  certificate,  must  in  a  book  enter  a  descrip- 
tion of  the  land  sold,  corresponding  with  the  description  in  the  certificate,  the  date  of 
the  sale,  purchasers'  names,  and  amount  paid,  regularly  number  the  description  on  the 
margin  of  the  book,  and  put  a  corresponding  number  on  each  certificate.  Such  book 
must  be  open  to  public  inspection,  without  fee,  during  office  hours,  when  not  in  actual 
use.  On  filing  the  certificate  with  such  county  recorder  the  lien  of  the  assessments 
vests  with  the  purchaser,  and  is  only  divested  by  the  payment  to  him,  or  to  the  col- 
lector for  his  use,  of  the  purchase  money,  and  two  per  cent  per  month  from  the  day  of 
sale  until  redemption. 

REDEMPTION  OF  PEOPERTY  SOLD  FOR  DELINQUENT  TAXES. 

Redemption  of  property  sold  for  delinquent  taxes.    Duty  of  county  recorder.    Deed  to 

purchaser.    Fee  for  deed. 

^  47.  A  redemption  of  the  property  sold  may  be  made  by  the  owner,  or  any  party 
in  interest,  within  five  years  from  the  date  of  purchase,  or  at  any  time  thereafter  before 
a  deed  has  been  made  and  delivered.  Redemption  must  be  made  in  gold  or  silver  coin, 
as  provided  for  the  collection  of  state  and  county  taxes,  and  when  made  to  the  col- 
lector he  must  credit  the  amount  paid  to  the  person  named  in  the  certificate,  and  pay  it, 
on  demand,  to  the  person  or  his  assignees.  In  each  report  the  collector  makes  to  the 
board  of  directors,  he  must  name  the  person  entitled  to  redemption  -money,  and  the 
amount  due  each.  On  receiving  the  certificate  of  sale,  the  county  recorder  must  file  it 
and  make  an  entry  in  a  book  similar  to  that  required  of  the  collector.     On  the  preseu- 


Act  2260,  §§  4714-49 


GENERAL,   LAW'S. 


It59 


tation  of  the  receipt  of  the  person  named  in  the  certificate,  or  of  the  collector  for  his 
use,  of  the  total  amount  of  the  redemption  money,  the  recorder  must  mark  the  word 
"redeemed,"  the  date,  and  by  whom  redeemed,  on  the  certificate  and  on  the  margin  of 
the  book  where  the  entry  of  the  certificate  is  made.  If  the  property  is  not  redeemed 
within  the  time  herein  provided,  the  collector,  or  his  successor  in  office,  upon  demand, 
must  make  to  the  purchaser,  or  his  assignee,  a  deed  of  the  property,  reciting  in  the 
deed  substantially  the  matters  contained  in  the  certificate,  and  that  no  person  redeemed 
the  property  during  the  time  allowed  by  law  for  its  redemption;  provided,  that  where 
property  has  been  sold  to  the  district  it  may  be  redeemed  as  herein  provided,  at  any 
time  before  the  district  has  disposed  of  the  same.  The  collector  shall  receive  from 
the  purchaser,  for  the  use  of  the  district,  two  dollars  for  making  such  deed.  [Amend- 
ment approved  March  19,  1909.    Stats.  1909,  p.  429.    In  effect  immediately.] 

Delinquent  taxes  not  bar  to  dissolution.    Deed  of  land  sold  for  taxes  to  be  made  by 

county  treasurer. 

§  47yo.  The  five  year  period  herein  prescribed  for  the  redemption  of  properties  sold 
for  delinquent  taxes  shall  not  operate  as  a  bar  to  the  dissolution  of  any  irrigation  dis- 
trict. If  any  land  has  been  sold  for  delinquent  taxes  of  a  district  in  process  of  disso- 
lution, or  in  a  district  which  has  been  dissolved  and  the  time  allowed  for  redemption 
has  not  expired,  the  owner  of  such  property  or  any  one  in  interest  may  redeem  the  same 
by  paying  the  amount  due  thereon,  computed  as  provided  in  section  46  of  this  act,  to  the 
county  treasurer,  who  must  issue  his  receipt  therefor,  and  upon  the  presentation  of 
such  receipt  the  county  recorder  must  cancel  the  certificate  of  sale  in  the  manner  re- 
quired in  the  preceding  section. 

In  the  event  any  land  has  been  sold  for  nonpayment  of  taxes  as  herein  provided,  and 
no  redemption  has  been  made  within  five  years  from  the  date  of  purchase  in  any  dis- 
trict which  may  have  been  dissolved  before  the  expiration  of  said  redemption  period, 
then  a  deed  for  the  property  sold  and  described  in  the  certificate  of  sale  must  be  made 
to  the  purchaser  upon  demand  by  the  county  treasurer  of  the  county  in  which  said 
irrigation  district  is  or  was  situated.  Such  deed  shall  contain  all  the  recitals  of  the 
certificate  of  sale,  and  in  addition  thereto,  a  recital  that  the  district  has  been  dissolved 
and  a  deed  executed  in  pursuance  of  the  authority  given  by  this  section.  A  deed  so 
executed  shall  have  the  same  force  and  effect  as  if  executed  by  the  collector  of  an  irri- 
gation district.     [New  section  approved  March  28,  1911.    Stats.  1911,  p.  516.] 

Tax  deed  prima  facie  evidence  of  what.    Conclusive  evidence  of  what.    Effect  of  deed. 

§  48.  The  matter  recited  in  the  certificate  of  sale  must  be  recited  in  the  deed,  and 
such  deed  duly  acknowledged  or  proved  is  prima  facie  evidence  that:  (a)  The  property 
was  assessed  as  required  by  law;  (b)  the  property  was  equalized  as  required  by  law; 
(c)  that  the  assessments  were  levied  in  accordance  with  law;  (d)  the  assessments  were 
not  paid;  (e)  at  a  proper  time  and  place  the  property  was  sold  as  prescribed  by  law, 
and  by  the  proper  officer;  (f)  the  property  was  not  redeemed;  (g)  the  person  who  exe- 
cuted the  deed  was  the  proper  officer. 

Such  deed  duly  acknowledged  or  proved  is  (except  as  against  actual  fraud)  con- 
clusive evidence  of  the  regularity  of  all  the  proceedings  from  the  assessment  by  the 
assessor,  inclusive,  up  to  the  execution  of  the  deed.  The  deed  conveys  to  the  grantee 
the  absolute  title  to  the  lands  described  therein  free  of  all  incumbrances,  except  when 
the  land  is  owned  by  the  United  States,  or  this  state,  in  which  case  it  is  prima  facie 
evidence  of  the  right  of  possession. 

Assessment  booU  or  delinquent  list  is  prima  facie  evidence  of  what. 

§  49.  The  assessment-book  or  delinquent  list,  or  a  copy  thereof,  certified  by  the 
collector,  showing  unpaid  assessments  against  any  person,  or  property,  is  prima  facie 


1259  IRRIGATIOIV  AND  IRRIGATION  DISTRICTS.  Act  2266,  §§  50-53 

evidence  of  the  assessment,  the  property  assessed,  the  delinquency,  the  amount  of 
assessments  due  and  unjiaid,  and  that  all  the  forms  of  the  law  in  relation  to  the  assess- 
ment and  levy  of  such  assessments  have  been  complied  with. 

Misnomer  does  not  invalidate. 

^  50.  When  land  is  sold  for  assessments  correctly  imposed,  as  the  property  of  a 
particular  person,  no  misnomer  of  the  owner,  or  supposed  owner,  or  other  mistake 
relating  to  the  ownership  thereof  affects  the  sale,  or  renders  it  void,  or  voidable. 

Settlements  between  secretary  and  collector. 

§  51.  On  the  first  Monday  in  each  month,  the  collector  must  settle  with  the  secretary 
of  the  board  for  all  moneys  collected  for  assessments,  and  pay  the  same  over  to  the 
treasurer;  and  within  six  days  thereafter  he  must  deliver  to  and  file  in  the  office  of  the 
secretary  a  statement  under  oath,  showing  (a)  An  account  of  all  his  transactions  and 
receipts  since  his  last  settlement;  (b)  that  all  money  collected  by  him  as  collector  has 
been  paid.  The  collector  shall  also  file  in  the  ofiice  of  the  secretary,  on  said  fii'st  Monday 
in  each  month,  the  receipt  of  the  treasurer  for  the  money  so  paid. 

Redemption  of  bonds.    Proposals  for  redemption  of  bonds.    Investment  in  U.  S.  or 

State  bonds. 

$  52.  Upon  presentation  of  any  matured  bond  or  any  matured  interest  coupon  of 
any  bond  of  the  district,  the  treasurer  shall  pay  the  same  from  the  bond  fund.  If 
funds  are  not  available  for  the  paj'ment  of  any  such  matured  bond  or  interest  coupon, 
it  shall  draw  interest  at  the  rate  of  seven  per  cent  per  annum  from  the  date  of  its  pre- 
sentation for  payment  until  notice  is  given  that  funds  are  available  for  its  payment, 
and  it  shall  be  stamped  and  provision  made  for  its  payment  as  in  the  case  of  a  warrant 
for  the  payment  of  which  funds  are  not  available  on  its  presentation.  Whenever  the 
bond  fund  contains  ten  thousand  dollars  in  excess  of  the  amount  necessaiy  to  pay  all 
bonds  and  interest  coupons  of  the  district  that  have  matured  or  that  will  mature  before 
the  time  when  any  part  of  the  next  annual  assessment  to  be  levied  in  the  district  will 
become  delinquent,  the  board  of  directors  may  advertise,  in  the  manner  hereinbefore 
provided  for  the  sale  of  bonds,  for  the  receipt  of  sealed  proposals  for  the  delivery  to  the 
district  for  redemption  of  any  of  its  bonds  not  due.  Said  advertisement  shall  state  the 
amount  which  may  be  used  for  the  redemption  of  such  bonds.  Any  such  proposals  shall 
be  opened  by  the  board  in  open  meeting  at  the  time  named  in  said  advertisement,  and 
the  offer  or  offers  of  such  bonds  at  the  lowest  rate  or  rates  shall  be  accepted,  provided 
that  no  bonds  shall  be  redeemed  at  more  than  the  par  value  thereof  except  by  unanimous 
vote  of  the  directors.  In  case  two  or  more  proposals  are  equal  and  there  is  not  sufficient 
money  available  to  accept  them  all,  the  lowest  numbered  bonds  shall  have  the  prefer- 
ence. In  case  not  enough  bonds  are  offered  for  redemption  at  prices  which  the  board 
of  directors  accepts,  the  board  may  invest  any  money  available  for  redemption  of  bonds 
in  bonds  of  the  United  States  or  of  the  state  of  California*  and  shall  hold  the  bonds  so 
purchased  as  part  of  the  bond  fund  until  such  time  as  the  board  may  determine  that 
it  is  for  the  best  interests  of  the  district  that  such  bonds  or  any  of  them  be  sold.  In 
ease  of  the  sale  of  any  such  bonds,  the  proceeds  of  the  sale  shall  be  deposited  in  the 
bond  fund.  [Amendment  of  May  16,  1919.  In  effect  July  22,  1919.  Stats.  1919, 
p.  667.] 

CONSTEUCTION  OF  WORKS. 

Construction  of  vrcrks.    Contracts  for  emergency  works.    Bond  of  contractor. 

§  53.  After  adopting  a  plan  for  such  canal  or  canals,  storage  reservoirs,  and  works, 
as  in  this  act  provided  for,  the  board  of  directors  shall  give  notice,  by  publication 
thereof  not  less  than  twenty  days  in  one  newspaper  published  in  each  of  the  counties 
composing  the  district  (provided  a  newspaper  is  published  therein),  and  in  such  other 


Act  2266.  §§  53a,  54  GENERAL   LAWS.  1260 

newspapers  as  they  may  deem  advisable,  calling  for  bids  for  the  construction  of  such 
work,  or  of  any  portion  thereof;  if  less  than  the  whole  work  is  advertised,  then  the 
portion  so  advertised  must  be  particularly  described  in  such  notice.  Said  notice  shall 
set  forth  that  plans  and  specifications  can  be  seen  at  the  office  of  the  board,  and  that 
the  board  will  receive  sealed  proposals  therefor,  and  that  the  contract  will  be  let  to 
the  lowest  responsible  bidder,  stating  the  time  and  place  for  opening  said  proposals, 
which,  at  the  time  and  place  appointed,  shall  be  opened  in  public;  and  as  convenient 
thereafter  the  board  shall  let  said  work,  either  in  portions  or  as  a  whole,  to  the  lowest 
responsible  bidder;  or  they  maj'  reject  any  or  all  bids  and  readvertise  for  proposals  or 
may  proceed  to  construct  the  work  under  their  own  suiDcrintendence;  provided,  that  in 
case  of  emergency  or  urgent  necessity  for  the  construction,  extension  or  repair  of  works 
for  irrigation  or  drainage,  the  board  of  directors,  by  unanimous  vote  of  those  present 
at  any  regular  or  special  meeting,  may  award  contracts  therefor  without  advertising  for 
bids,  but  the  cost  of  such  work  shall  not  exceed  five  hundred  dollars  and  such  additional 
amount  as  shall  be  equal  to  five  cents  for  each  acre  of  land  in  the  district.  Contracts 
for  the  purchase  of  material  shall  be  awarded  to  the  lowest  responsible  bidder.  Any 
person  or  persons  to  whom  a  contract  may  be  awarded  shall  enter  into  a  bond,  with 
good  and  sufficient  sureties,  to  be  approved  by  the  board,  payable  to  said  district  for  its 
use,  for  twenty-five  per  cent  of  the  amount  of  the  contract  price,  conditioned  for  the 
faithful  performance  of  said  contract.  The  work  shall  be  done  under  the  direction  and 
to  the  satisfaction  of  the  engineer,  and  be  approved  by  the  board.  [Amendment  of 
May  16,  1919.    In  effect  July  22,  1919.    Stats.  1919,  p.  6G8.] 

Investigation  by  state  engineer. 

§  53a.  During  the  construction  of  any  irrigation  works  to  be  paid  for  out  of  the 
proceeds  of  any  bond  issue  which  has  been  certified  by  the  state  irrigation  district  bond 
commission  as  provided  in  the  act  creating  said  commission,  the  state  engineer  shall 
have  access  to  all  plans,  specifications,  and  records  of  such  construction,  and  shall  from 
time  to  time  make  such  investigations  and  such  reports  to  the  board  of  directors  of  the 
district  as  he  shall  deem  to  be  in  the  interest  of  the  public  or  of  the  district.  [New 
section  added  May  19,  1917.    In  effect  July  27,  1917.    Stats.  1917,  p.  768.] 

Payment  of  claim.    Duty  of  county  treasurer.    Duty  of  city  treasurer. 

$  54.  No  claim  shall  be  paid  by  the  treasurer  until  allowed  by  the  board,  and  only 
upon  a  warrant  signed  by  the  president,  and  countersigned  by  the  secretary;  provided, 
that  the  board  may  draw,  from  time  to  time,  from  the  construction  fund,  and  deposit 
in  the  county  treasiiry  of  the  county  where  the  office  of  the  board  is  situated  any  sum 
in  excess  of  the  sum  of  twenty-five  thousand  dollars.  The  county  treasurer  of  said 
county  is  hereby  authorized  and  required  to  receive  and  receipt  for  the  same  and  place 
the  same  to  the  credit  of  said  district,  and  he  shall  be  responsible  upon  his  official  bond 
for  the  safekeeping  and  disbursement  of  the  same,  as  in  this  act  provided.  He  shall 
pay  out  the  same,  or  any  portion  thereof,  to  the  treasurer  of  the  district  only,  and  only 
upon  the  order  of  the  board,  signed  by  the  president,  and  attested  by  the  secretary. 
The  said  county  treasurer  shall  report,  in  writing,  on  the  second  Monday  in  each 
month,  the  amount  of  money  in  thei  county  treasuiy,  the  amount  of  receipts  for  the 
month  preceding,  and  the  amount  or  amounts  paid  out;  said  report  shall  be  verified 
and  filed  with  the  secretary  of  the  board.  The  district  treasurer  shall  also  report  to 
the  board,  in  writing,  on  the  first  Mondaj^  in  each  month,  the  amount  of  money  in  the 
district  treasury,  the  amount  of  receipts  for  the  month  preceding,  and  the  amount  and 
items  of  expenditures,  and  said  report  shall  be  verified  and  filed  with  the  secretary  of 
the  board. 


^\ 


1261  IRRIGATION  AND  IRRIGATION  DISTRICTS.  Act  2266,  §g  54y3,  56 

Reports  to  "be  forwarded  to  state  engineer. 

^  54I/2.  During  the  coDstruction  of  any  work  to  be  paid  for  out  of  the  proceeds  of 
the  sale  of  any  bonds  of  any  irrigation  district  within  this  state,  the  secretary  of  the 
board  of  directors  shall,  within  one  week  after  each  regular  meeting  of  said  board, 
forward  to  the  state  engineer  copies  of  all  reports  made  to  said  board  as  to  the  prog- 
ress of  said  work  and  a  statement  of  the  amounts  paid  for  the  doing  of  any  part  of 
said  work.  Immediately  after  the  publication  of  the  statement  of  the  financial  condi- 
tion of  any  irrigation  district  within  this  state,  required  by  section  14  of  this  act  to  be 
made  annuall}',  the  board  of  directors  of  said  district  shall  cause  a  copy  of  said  state- 
ment and  a  report  stating  the  general  condition  of  any  works  constructed  or  acquired 
by  said  district  and  whether  or  not  the  plan  of  irrigation  adopted  by  the  district 
is  being  successfully  carried  out  and  any  other  matters  which  the  board  may  deem 
proper,  to  be  forwarded  to  the  state  engineer,  who  shall  examine  said  statement  and 
report  and  make  to  said  board  such  recommendations  and  comments  as  he  may  deem 
proper.  The  state  engineer  may  at  any  time  make  or  cause  to  be  made  an  examination 
of  the  affairs  of  any  irrigation  district  within  this  state  or  call  upon  the  authorities  of 
such  district  for  such  information  as  he  may  desire  and  make  such  report  thereon  as  he 
may  deem  advisable.     [New  section  approved  June  16,  1913.    Stats.  1913,  p.  1000.] 

Improvements  to  be  paid  for  from  construction  fund.    Toll  may  be  fixed  instead  of 

assessments. 

§  55.  The  cost  and  expense  of  purchasing  and  acquiring  property  and  constructing 
the  works  and  improvements  herein  provided  for,  shall  be  wholly  paid  out  of  the  con- 
struction fund;  provided,  however,  that  when  any  lands,  waters,  water  rights  or  other 
I)ropert5'  shall  be  acquired  hy  the  district  by  any  lease  or  contract,  under  the  terms  of 
which  the  consideration  or  rental  shall  be  payable  in  such  installments  that  a  like 
amount  shall  be  payable  in  each  year  of  the  life  of  such  lease  or  contract,  then  such 
rental  or  consideration  shall  be  paid  out  of  the  funds  derived  from  the  levying  of  annual 
assessments,  or  from  the  collection  of  rates,  tolls  and  charges  fixed  and  collected  as 
hereinafter  provided  for.  For  the  purpose  of  defraying  the  expenses  of  the  organiza- 
tion of  the  district,  and  of  the  care,  operation,  management,  repair,  and  improvement  of 
such  portions  of  such  canal  and  works  as  are  completed  and  in  use,  including  salaries 
of  officers  and  employees,  and  installments  of  rental  or  consideration  accruing  undev 
any  lease  or  contract  as  hereinabove  in  this  section  mentioned,  the  board  may  in  lieu 
(either  in  part  or  in  whole)  of  le\'ying  assessments  as  herein  provided  for,  fix  rates  of 
toll  and  charges,  for  irrigation  and  other  public  uses  declared  bj'  this  act,  and  collect 
the  same  from  all  persons  using  said  canal  for  irrigation  and  other  purjDoses.  [Amend- 
ment approved  March  28,  1911.    Stats.  1911,  p.  516.] 

Right  of  way. 

$  56.  The  board  of  directors  shall  have  power  to  construct  the  said  works  across 
any  stream  of  water,  watercourse,  street,  avenue,  highway,  railway,  canal,  ditch,  or 
flume  which  the  route  of  said  canal  or  canals  may  intersect  or  cross,  in  such  manner  as 
to  afford  security  for  life  and  property;  but  said  board  shall  restore  the  same,  when 
so  crossed  or  intersected,  to  its  former  state  as  near  as  may  be,  or  in  a  sufficient  man- 
ner not  to  have  impaired  unnecessarily  its  usefulness;  and  ever^^  company  whose  rail- 
road shall  be  intersected  or  crossed  by  said  works  shall  unite  with  said  board  in  form- 
ing said  intersections  and  crossings,  and  grant  the  privileges  aforesaid;  and  if  such 
railroad  company  and  said  board,  or  the  owners  and  controllers  of  the  said  property, 
thing,  or  franchise  so  to  be  crossed,  can  not  agree  upon  the  amount  to  be  paid  therefor, 
or  the  points  or  the  matter  of  said  crossings  or  intersections,  the  same  shall  be  ascer- 
tained and  determined  in  all  respects  as  is  herein  provided  in  respect  to  the  taking  of 
land.     The  right  of  way  is  hereby  given,  dedicated,  and  set  apart  to  locate,  construct, 


Act  2206.  8§  57-5»  GENERAL.   LAWS.  1262 

and  maintain  said  works  over  and  through  any  of  the  lands  which  are  now  or  may  be 
the  property  of  this  state;  and  also  there  is  given,  dedicated,  and  set  apart,  for  the 
uses  and  purposes  aforesaid,  all  waters  and  water  rights  belonging  to  this  state  within 
the  district. 

GOVEKNING  DIRECTORS. 
Compensation  of  directors. 

$  57.  The  directors  when  sitting  as  a  board  or  acting  under  the  orders  of  the  board, 
shall  each  receive  not  to  exceed  four  dollars  per  day  and  ten  cents  per  mile  for  each 
mile  actually  traveled  from  his  place  of  residence  to  the  office  of  the  board,  and  actual 
and  necessary  expenses  paid  while  engaged  in  official  business  under  the  order  of  the 
board;  provided,  that  in  irrigation  districts  containing  five  hundred  thousand  acres 
or  more  the  directors,  in  lieu  of  said  per  diem,  shall  each  receive  a  salary  of  one  hun- 
dred and  fifty  dollars  per  month.  The  board  shall  fix  the  compensation  to  be  paid  to 
all  officers  named  in  this  act,  to  be  paid  out  of  the  treasury  of  the  district;  provided, 
that  said  board  shall,  upon  the  petition  of  at  least  fifty  freeholders  within  such  district 
therefor,  submit  to  the  electors  at  any  general  election  a  schedule  of  salaries  and 
fees  to  be  paid  hereunder,  which  may  include  the  salary  or  per  diem  to  be  paid  to  the 
directors.  Such  petition  must  be  presented  to  the  board  not  less  than  twenty  days 
nor  more  than  forty  days  prior  to  a  general  election,  and  the  result  of  such  election 
shall  be  determined  and  declared  in  all  respects  as  other  elections  are  determined  and 
declared  under  this  act.  [Amendment  of  June  9,  1915.  In  effect  August  8,  1915. 
Stats.  1915,  p.  1368.] 

This   section   was   also   amended   April    22,    1909,   Stats.    1909,    p.   1062. 

Directors  not  to  be  interested  in  contracts. 

^  58.  No  director  or  any  other  officer  named  in  this  act  shall  in  any  manner  be 
interested,  directly  or  indirectly,  in  any  contract  awarded  or  to  be  awarded  by  the 
board,  or  in  the  profits  to  be  derived  therefi'om;  and  for  any  violation  of  this  pro- 
vision, such  officer  shall  be  deemed  guilty  of  a  misdemeanor,  and  such  conviction  shall 
work  a  forfeiture  of  his  office,  and  he  shall  be  punished  by  a  fine  not  exceeding  five 
hundred  dollars,  or  by  imprisonment  in  the  county  jail  not  exceeding  six  months,  or 
by  both  such  fine  and  imprisonment. 

SPECIAL  ASSESSMENTS. 
Directors  may  call  election  on  question  of  special  assessment.    Levy  of  assessment. 

$  59.  The  board  of  directors  may  at  any  time  call  a  special  election  and  submit  to 
the  qualified  electors  of  the  district  the  question  whether  a  special  assessment  shall  be 
levied  for  the  purpose  of  raising  money  to  be  applied  to  any  of  the  purposes  of  this 
act  or  of  any  act  supplementary  hereto.  Such  election  must  be  called  upon  the  notice 
prescribed,  and  the  same  shall  be  held  and  the  result  thereof  determined  and  declared 
in  all  respects  in  confonnity  with  the  provisions  of  section  thirty  d  of  this  act.  The 
notice  must  specify  the  amount  of  money  proposed  to  be  raised,  and  the  purpose  or 
purposes  for  which  it  is  intended  to  be  used,  and  it  may  state  that  said  assessment  shall 
be  levied  in  two  or  three  annuar  installments  and  specify  the  amount  of  the  install- 
ment to  be  levied  in  each  year.  At  the  special  election  the  ballots  shall  contain  the 
words  "Assessment — Yes"  or  "Assessment — No,"  or  words  equivalent  thereto.  If  a 
majority  of  the  votes  cast  are  "Assessment — Yes,"  the  board  of  directors  shall,  at 
the  time  of  the  annual  levy  hereunder,  levy  a  sum  sufficient  to  raise  the  amount  voted, 
or,  if  the  notice  of  election  shall  have  provided  for  levying  said  assessment  in  annual 
installments,  the  board  of  directors  shall,  at  the  time  of  the  annual  levy  in  each  of  the 
years  specified  in  said  notice,  levy  such  assessment  as  shall  raise  the  amount  of  the 
installment  provided  in  said  notice  to  be  raised  in  said  year;  provided,  however,  that 


1263  IRRIGATION  AND  IRRIGATION  DISTRICTS.  Act  2266,  §§  60-61a 

in  case  of  an  unexpected  emergency  by  which  the  flow  of  water  in  the  canal  or  other 
supply  is  interrupted,  the  amount  of  the  indebtedness,  incurred  in  the  repair  of  the 
works  of  said  district,  caused  by  such  interruption,  not  to  exceed  in  any  one  year  forty 
thousand  dollars,  may  also,  in  addition  to  the  assessments  hereinbefore  provided  for, 
be  levied  by  the  adoption  of  a  resolution  by  at  least  four-fifths  of  the  members  of  the 
board  of  directors,  at  the  time  of  the  levying  of  the  annual  assessment  provided  for  in 
this  act,  without  the  submission  of  the  question  of  such  levy  to  a  vote,  as  in  this 
section  hereinbefore  provided.  [Amendment  of  May  16,  1919.  In  effect  July  22,  1919. 
Stats.  1919,  p.  668.] 

This  section  was  also  amended  April  26,  1911,  Stats.  1911,  p.  1111;  May  18,  1917,  Stats. 
1917,  p.  768. 

Rate  of  assessments. 

$  60.  The  rate  of  assessments  levied  under  the  provisions  of  this  act  shall  be  ascer- 
tained by  deducting  fifteen  per  cent  for  anticipated  delinquencies  from  the  aggregate 
assessed  value  of  the  property  in  the  district  as  it  appears  on  the  assessment  roll  for 
the  current  year,  and  then  dividing  the  sum  to  be  raised  by  the  remainder  of  such 
aggregate  assessed  value.  Special  assessments  shall  be  computed  and  entered  by  the 
secretary  and  collected  as  a  part  of  the  regular  assessment  levied  hereunder,  and,  when 
collected,  shall  be  paid  into  the  district  treasury  for  the  purpose  or  purposes  specified 
in  the  notices  calling  the  respective  elections  at  which  they  were  voted.  [Amendment 
of  May  16,  1919.     In  effect  July  22,  1919.     Stats.  1919,  p.  669.] 

INCURRING  INDEBTEDNESS. 
Power  to  incur  indebtedness  restricted. 

§  61.  The  board  of  directors  or  other  officers  of  the  district  shall  have  no  power  to 
incur  any  debt  or  liability  whatever,  either  by  issuing  bonds  or  otherwise,  in  excess  of 
the  express  provisions  of  this  act;  and  any  debt  or  liability  incurred  in  excess  of 
such  express  provisions  shall  be  and  remain  absolutely  void,  except  that  for  the 
purposes  of  organization,  or  for  any  of  the  purposes  of  this  act,  the  board  of 
directors  may,  before  the  collection  of  the  first  assessment,  incur  indebtedness 
in  such  sum  or  sums  as  shall  amount  to  two  thousand  dollars,  or,  if  the  district 
shall  contain  more  than  four  thousand  acres,  to  one-half  as  many  dollars  as  there  are 
acres  of  land  in  the  district,  and  may  cause  warrants  of  the  district  to  be  issued  there- 
for, bearing  interest  at  not  more  than  seven  per  centum  per  annum,  said  rate  to  be 
fixed  by  the  board  of  directors,  and  all  such  warrants  must  be  made  payable  not  later 
than  the  first  day  of  January  after  the  first  assessment  shall  be  levied  in  the  district 
issuing  such  warrants;  and  provided,  further,  that  nothing  contained  in  this  section 
shall  be  construed  as  limiting  the  right  of  the  board  to  enter  into  any  contract  or  lease 
for  any  lands,  waters,  water  rights  or  other  property,  as  in  this  act  provided  for,  and 
by  such  lease  or  contract  to  bind  the  district  for  the  payment  of  the  rental  or  consid- 
eration specified  in  such  lease  or  contract.  [Amendment  of  June  9,  1915.  In  effect 
August  8,  1915.     Stats.  1915,  p.  1369.] 

This  section  was  also  amended  March  28,  1911,  Stats.  1911,  p.  517;  June  16,  1913,  Stats. 
1913,  p.   1001. 

Warrants  not  paid  to  draw  interest.    Whenever  there  is  money  to  pay  warrants. 

5  61a.  Whenever  any  warrant  of  the  district  payable  on  demand  is  presented  to  the 
treasurer  for  payment  when  funds  are  not  available  for  the  payment  thereof,  it  shall 
thereafter  draw  interest  at  a  rate  to  be  determined  by  resolution  of  the  board  of 
directors,  not,  however,  to  exceed  seven  per  centum  per  annum,  until  public  notice  is 
given  that  such  funds  are  available.  Upon  the  presentation  of  any  such  warrants  for 
payment,  other  than  warrants  issued  under  the  provisions  of  section  61  hereof,  when 
funds  of  the  district  are  not  available  to  pay  the  same,  the  treasurer  of  the  district 
shall  endorse  thereon  the  words  "funds  not  available  for  payment,"  with  the  date  of 


Act  2260,  §8  61b-02  GBNICRAIi  LAWS.  1264 

presentation  and  shall  specify  the  interest  that  such  warrants  shall  thereafter  bear 
and  shall  sign  his  name  thereto.  He  shall  keep  a  record  shoAving  the  number  and 
amount  of  each  such  warrant,  the  date  of  its  issuance,  the  person  in  whose  favor  it 
was  issued,  and  the  date  of  its  presentation  for  payment.  Whenever  there  is  sudicient 
money  in  the  treasury  to  pay  all  such  outstanding  warrants  or  whenever  the  board  of 
directors  shall  order  that  all  such  warrants  presented  for  payment  prior  to  a  certain 
date,  be  made  and  there  is  sufficient  money  available  for  such  payments,  the 
treasurer  shall  give  notice  in  some  newspaper  published  in  the  district,  or,  if 
none  is  published  therein,  then  in  some  newspaper  published  in  the  county^  in 
which  the  district  or  any  portion  thereof  is  situated,  or,  if  none  is  published  in  such 
county,  then  the  treasurer  shall  post  such  notice  conspicuously  in  the  place  in  which 
the  board  of  directors  of  the  district  holds  its  regular  meetings,  stating  that  he  is  pre- 
pared to  pay  all  warrants  of  the  district  for  the  payment  of  which  funds  were  not 
available  upon  their  original  presentation,  or  all  such  warrants  which  were  presented 
for  payment  prior  to  the  date  fixed  by  the  board  of  directors,  as  the  case  may  be,  and 
no  further  description  of  the  warrants  entitled  to  paj'ment  shall  be  made  in  such  notice. 
Upon  the  presentation  of  any  wan-ant  entitled  to  payment  under  the  terms  of  such 
notice,  the  treasurer  shall  pay  it,  together  with  interest  thereon  at  the  rate  specified 
by  the  board  of  directors,  from  the  date  of  its  original  presentation  for  payment  to 
the  date  of  the  first  publication  or  posting  of  said  notice,  and  all  warrants  for  the 
payment  of  which  funds  are  declared  in  said  notice  to  be  available  shall  cease  to  draw 
interest  at  the  time  of  the  first  publication  or  posting  of  said  notice.  The  treasurer 
shall  enter  in  the  record  hereinbefore  required  to  be  kept,  the  dates  of  the  payment  of 
all  such  warrants,  the  names  of  the  persons  to  whom  payments  are  made  and  the  amount 
paid  to  each  person.  [New  section  added  June  9,  1915.  In  effect  August  8,  1915. 
Stats.  1915,  p.  1369.] 

Directors  may  purchase  irrigation  works. 

^  61b.  The  board  of  directors  of  irrigation  districts  may  acquire,  by  purchase  or 
condemnation,  the  irrigation  system,  canals  and  works  through  which  lands  in  such 
districts  have  been  or  may  be  supplied  with  water  for  irrigation,  and  may  exchange 
bonds  of  such  irrigation  district  for  such  system  or  canals  or  works  or  for  any  portion 
thereof,  or  for  any  interest  therein  or  for  the  capital  stock  of  any  corjioration  owning 
such  system  or  any  portion  thereof,  upon  such  terms  and  conditions  as  the  said  board 
of  directors  may  deem  best.  [Amendment  of  May  19,  1917.  In  effect  July  27,  1917. 
Stats.  1917,  p.  769.] 

This  section   was  added  June   8,   1915,   Stats.   1915,   p.   1291. 

Determination  of  validity  of  bonds. 

^  61c.  Where  the  board  of  directors  of  an  irrigation  district  have  exchanged  bonds 
or  have  agreed  to  exchange  bonds  for  property  rights  in  any  irrigation  system  or  works 
or  for  any  interest  therein  under  the  provisions  of  section  sixty-one  b  of  this  act,  the 
court  shall,  in  any  proceeding  brought  under  the  provisions  of  the  last  section,  by  its 
decree  determine  the  validity  of  all  bonds  issued  or  to  be  issued  under  any  contract  or 
contracts  for  the  exchange  of  bonds  for  property  interests  and  by  its  decree  shall 
determine  whether  the  bonds  provided  for  in  said  contracts,  when  delivered  to  the 
person  or  corporation  entitled  thereto  under  the  terms  of  any  such  contract,  shall 
constitute  valid  obligations  of  said  irrigation  district  as  against  all  persona.  [New 
section  added  June  8, 1915.    In  effect  August  8,  1915.     Stats.  1915,  p.  1291.] 

GOVERNING  THE  USE  OF  WATEB. 
When  the  volume  of  water  is  insufllcient. 

^  62.  In  case  the  volume  of  water  in  any  stream  or  river  shall  not  be  sufficient  to 
supply  the  continual  wants  of  the  entire  county  through  which  it  passes,  and  sua- 


1265  IRRIGATION  AND  IRRIGATION  DISTRICTS.  Act  2266,  §§  63-68 

ceptible  of  irrigation  therefrom,  then  it  shall  be  the  duty  of  the  water  commissioners, 
constituted  as  hereinafter  provided,  to  apportion,  in  a  just  and  equitable  proportion,  a 
certain  amount  of  said  water  upon  certain  or  alternate  weekly  days  to  different 
localities,  as  they  may,  in  their  judgment,  think  best  for  the  interest  of  all  parties  con- 
cerned, and  with  due  regard  to  the  legal  and  equitable  rights  of  all.  Said  water  com- 
missioners shall  consist  of  the  chairman  of  the  board  of  directors  of  each  of  the 
districts  affected. 

Full  capacity  of  ditches. 

§  63.  It  shall  be  the  duty  of  the  board  of  directors  to  keep  the  water  flowing  through 
the  ditches  under  their  control  to  the  full  capacity  of  such  ditches  in  times  of  high 
water. 

$  64.     [Repealed  May  24,  1917.    In  effect  July  27,  1917.     Stats.  1917,  p.  915,] 

Right  of  eminent  domain. 

§  65.  Nothing  herein  contained  shall  be  deemed  to  authorize  any  person  or  persons 
to  divert  the  waters  of  any  river,  creek,  stream,  canal,  or  ditch  from  its  channel,  to  the 
detriment  of  any  person  or  persons  having  any  interest  in  such  river,  creek,  stream, 
canal,  or  ditch,  or  the  waters  therein,  unless  previous  compensation  be  ascertained  and 
paid  therefor,  under  the  laws  of  this  state  authorizing  the  taking  of  private  property 
for  public  uses. 

EXEMPTION   FROM    TAXATION— CEEATION   OF   FUNDS. 
Exemption  of  property  from  taxation. 

§  66.  The  rights  of  way,  ditches,  flumes,  pipe-lines,  dams,  water  rights,  reservoirs, 
and  other  property  of  like  character,  belonging  to  any  irrigation  district  shall  not  be 
taxed  for  state  and  county  or  municipal  purposes. 

Funds  created. 

$  67.  The  following  funds  are  hereby  created  and  established,  to  which  the  moneys 
properly  belonging  shall  be  apportioned,  to  wit :  Bond  fund,  construction  fund,  general 
fund. 

Unexpended  money. 

^  67a.  Whenever  an  object  for  which  money  has  been  specially  provided  by  assess- 
ment or  by  bond  issue  has  been  accomplished  and  any  money  provided  therefor  remains 
unexpended,  the  same  shall  in  the  discretion  of  the  board  of  directors  be  transferred 
to  the  general  fund  and  thereafter  be  available  for  any  of  the  purposes  of  this  act. 
[New  section  added  May  19,  1917.     In  effect  July  27,  1917.     Stats.  1917,  p.  769.] 

GENERAL  PROVISIONS. 
Action  to  determine  validity  of  bonds.    Jurisdiction.     Contest.    Appeal. 

$  68.  The  board  of  directors  may,  at  any  time  after  the  issue  of  any  bonds  or  the 
levy  of  any  assessment  herein  provided  for,  bring  an  action  in  the  superior  court  of 
the  county  wherein  is  located  the  office  of  such  board,  to  determine  the  validity  of  any 
such  bonds  or  such  levy  of  assessments;  such  action  shall  be  in  the  nature  of  a  pro- 
ceeding in  rem,  and  jurisdiction  of  all  parties  interested  may  be  had  by  publication  of 
summons  for  at  least  once  a  week  for  three  weeks  in  some  paper  of  general  circula- 
tion published  in  the  county  where  the  action  is  pending,  such  paper  to  be  designated 
by  the  court  having  jurisdiction  of  the  proceedings.  Jurisdiction  shall  be  complete 
within  ten  days  after  the  full  publication  of  such  summons  in  the  manner  herein  pro- 
vided. Any  one  interested  may  at  any  time  before  the  expiration  of  said  ten  days 
appear  and  by  proper  proceedings  contest  the  validity  of  such  bonds  or  assessments. 
Such  action  shall  be  speedily  tried  and  judgment  rendered  declaring  such  matter  so 

Gen.  Lav.-J — 80 


Act  2260,  g§  69-74  GEiNKRAL   LAWS.  1266 

contested  either  valid  or  invalid.  Either  party  may  have  the  right  to  appeal  to  the 
supreme  court  at  any  time  within  thirty  days  after  the  rendition  of  such  judgment, 
which  appeal  must  be  heard  and  determined  within  three  months  from  the  time  of 
taking  such  appeal. 

Assessment  payer  may  bring  action. 

§  69.  If  no  such  proceedings  shall  have  been  brought  by  the  board  of  directors, 
then,  at  any  time  within  thirty  days  after  the  levy  of  any  assessment  or  issue  of  any 
bonds  under  the  provisions  of  this  act,  any  district  assessment  payer  may  bring  an 
action  in  the  superior  court  of  the  county  where  the  office  of  the  board  of  directors  is 
located,  to  determine  the  validity  of  any  such  assessment  or  such  bonds.  The  board 
of  directoi's  shall  be  made  parties  defendant,  and  service  of  summons  shall  be  made  on 
the  members  of  the  board  personally.  Said  board  shall  have  the  right  to  appear  and 
contest  such  action.  Such  action  shall  be  speedily  tried,  with  the  right  of  appeal  to 
either  party,  within  the  time  and  manner  herein  provided  for  the  bringing  of  actions 
by  the  board  to  determine  such  matters.  Such  appeal  shall  be  heard  and  determined 
in  the  manner  and  within  the  time  therein  provided. 

Consolidation  of  actions. 

$  70.  If  more  than  one  action  shall  be  pending  at  the  same  time  concerning  similar 
contests  in  this  act  provided  for,  they  shall  be  consolidated  and  tried  together. 

Courts  must  disregard  errors,  etc.    Rules  of  pleading.     Costs. 

§  71.  The  court  hearing  any  of  the  contests  herein  provided  for,  in  inquiring  into 
the  regularity,  legality,  or  correctness  of  such  proceedings,  must  disregard  any  error, 
irregularity,  or  omission  which  does  not  affect  the  substantial  rights  of  the  parties  to 
said  action  or  proceeding.  The  rules  of  pleading  and  practice  provided  by  the  Code  of 
Civil  Procedure,  which  are  not  inconsistent  with  the  provisions  of  this  act,  are 
applicable  to  all  actions  or  proceedings  herein  provided  for.  The  motion  for  a  new 
trial  of  any  such  action  or  proceeding  must  be  heard  and  determined  within  ten  days 
from  the  filing  of  the  notice  of  intention.  The  costs  on  any  hearing,  or  contest  herein 
provided  for,  may  be  allowed  and  apportioned  between  the  parties,  or  taxed  to  the 
losing  party,  in  the  discretion  of  the  court. 

Contests. 

§  72.  No  contest  of  anything  or  matter  herein  provided  shall  be  made  other  than 
within  the  time  and  manner  herein  specified,  and  in  any  such  action  all  findings  of  facts 
or  conslusions  of  said  board  of  directors,  or  of  the  board  of  supervisors  upon  all  mat- 
ters shall  be  conclusive,  unless  such  action  was  instituted  within  six  months  after  such 
finding  or  conclusion  was  made.  [Amendment  of  June  9,  1915.  In  effect  August  8, 
1915.     Stats.  1915,  p.  1370.] 

Penalty  for  violation  of  duty. 

§  73.  For  any  willful  violation  of  any  express  duty  herein  provided  for,  on  the  part 
of  any  officer  herein  named,  he  shall  be  liable  upon  his  official  bond,  and  be  subject  to 
removal  from  office,  by  proceedings  brought  in  the  superior  court  of  the  county  wherein 
the  office  of  the  board  of  directors  of  the  district  is  located,  by  any  assessment  payer 
of  the  district. 

EXCLUSION  OF  LANDS. 

Boundaries  may  he  changed.    Existing  rights  not  to  he  affected. 

$  74.  The  boundaries  of  any  irrigation  district  now  organized  or  hereafter  organized 
under  the  provision  of  this  act,  may  be  changed,  and  tracts  of  land  which  were  included 
within  the  boundaries  of  such  district  at  or  after  its  organization  under  the  provisions 


1267  IRRIGATION  AND  IRRIGATION  DISTRICTS.  Act  2266.  §g  75, 77 

of  said  act,  may  be  excluded  therefrom,  in  the  manner  herein  prescribed;  but  neither 
such  change  of  the  boundaries  of  the  districts  nor  such  exclusion  of  lands  from  the 
district  shall  impair  or  affect  its  organization,  or  its  right  in  or  to  property,  or  any 
of  its  rights  or  privileges  of  whatever  kind  or  nature;  nor  shall  it  affect,  impair,  or 
discharge  any  contract,  obligation,  lien,  or  charge  for  or  upon  which  said  district  was 
and  may  become  liable  or  chargeable,  had  such  change  of  its  boundaries  not  been 
made,  or  had  not  such  land  been  excluded  from  the  district. 

Petition  of  owners  for  exclusion  of  lands. 

$  75.  The  owner  or  owners  in  fee  of  one  or  more  tracts  of  land  which  constitute  a 
portion  of  an  irrigation  district  may  jointly  or  severally  file  with  the  board  of  directors 
of  the  district  a  petition,  praying  that  such  tract  or  tracts,  and  any  other  tracts  con- 
tiguous thereto,  may  be  excluded  and  taken  from  said  district.  The  petition  ghall 
state  the  grounds  and  reasons  upon  which  it  is  claimed  that  such  lands  should  be 
excluded  and  shall  describe  the  boundaries  thereof,  and  also  the  lands  of  such  peti- 
tioner or  petitioners  which  are  included  within  such  boundaries;  but  the  description 
of  such  lands  need  not  be  more  particular  or  certain  than  is  required  when  the  lands 
are  entered  in  the  assessment-book  by  the  county  assessor.  Such  petition  must  bs 
acknowledged  in  the  same  manner  and  form  as  is  required  in  the  case  of  a  convey- 
ance of  land,  and  the  acknowledgment  shall  have  the  same  force  and  effect  as  evidence 
as  the  acknowledgment  of  such  a  conveyance. 

Publication  of  filing  of  petition.    What  the  notice  shall  state. 

§  76.  The  secretary  of  the  board  of  directors  shall  cause  a  notice  of  the  filing  of 
such  petition  to  be  published  for  at  least  two  weeks  in  some  newspaper  published  in 
the  county  where  the  office  of  the  board  of  directors  is  situated,  and  if  any  portion 
of  such  territory  to  be  excluded  lie  within  another  county  or  counties,  then  said  notice 
shall  be  so  published  in  a  newspaper  published  within  each  of  said  counties;  or  if  no 
newspaper  be  published  therein,  then  by  posting  such  notice  for  the  same  time  in  at 
least  three  public  places  in  said  district,  and  in  case  of  the  posting  of  said  notices,  one 
of  said  notices  must  be  so  posted  on  the  lands  proposed  to  be  excluded.  The  notice 
shall  state  the  filing  of  such  petition,  the  names  of  the  petitioners,  a  description  of  the 
lands  mentioned  in  said  petition,  and  the  prayer  of  said  petition;  and  it  shall  notify 
all  persons  interested  in,  or  who  may  be  affected  by  such  change  of  the  boundaries  of 
the  district,  to  appear  at  the  office  of  said  board  at  a  time  named  in  said  notice,  and 
show  cause,  in  writing,  if  any  they  have,  why  the  change  of  the  boundaries  of  said 
district,  as  proposed  in  said  petition,  should  not  be  made.  The  time  to  be  specified 
in  the  notice  at  which  they  shall  be  required  to  show  cause  shall  be  the  regular  meeting 
of  the  board  next  after  the  expiration  of  the  time  for  the  publication  of  the  notice. 

Hearing  of  petition.    Failure  to  show  cause  deemed  assent.    Expenses. 

$  77.  The  board  of  directors,  at  the  time  and  place  mentioned  in  the  notice,  or  at 
the  time  or  times  to  which  the  hearing  of  said  petition  may  be  adjourned,  shall  proceed 
to  hear  the  petition,  and  all  evidence  or  proofs  that  may  or  shall  be  introduced  by  or 
on  behalf  of  the  petitioner  or  petitioners,  and  all  objections  to  such  petition  that  may 
or  shall  be  presented  in  writing  by  any  person  showing  cause  as  aforesaid,  and  all 
evidence  and  proofs  that  may  be  introduced  in  support  of  such  objections.  Such  evi- 
dence shall  be  taken  down  in  shorthand,  and  a  record  made  thereof  and  filed  with  thg 
board.  The  failure  of  any  person  interested  in  said  district,  other  than  the  holders  of 
bonds  thereof  outstanding  at  the  time  of  the  filing  of  said  petition  with  said  board,  to 
show  cause,  in  writing,  why  the  tract  or  tracts  of  land  mentioned  in  said  petition  should 
not  be  excluded  from  said  district,  shall  be  deemed  and  taken  as  an  assent  by  him  to  the 
exclusion  of  such  tract  or  tracts  of  land,  or  any  part  thereof,  from  said  district;  and 


Act  2266,  §§  78,  79  GENERAL  LAWS.  1268 

the  filin"  of  such  petition  with  said  board,  as  aforesaid,  shall  be  deemed  and  taken  as 
an  assent  by  each  and  all  such  petitioners  to  the  exclusion  from  such  district  of  the 
lands  mentioned  in  the  petition,  or  any  part  thereof.  The  expenses  of  giving  said  notice 
and  of  the  aforesaid  proceeding  shall  be  paid  by  the  person  or  persons  filing  such 
petition. 

Power  of  board  to  exclude  lands  from  irrigation  district. 

§  78.  If,  upon  the  hearing  of  any  such  petition,  no  evidence  or  proofs  in  support 
thereof  be  introduced,  or  if  the  evidence  fails  to  sustain  said  petition,  or  if  the  board 
deem  it  not  for  the  best  interest  of  the  district  that  the  lands,  or  some  portion  thereof, 
mentioned  in  the  petition,  should  be  excluded  from  the  district,  the  board  shall  order 
that  said  petition  be  denied  as  to  such  lands;  but  if  the  said  board  deem  it  for  the 
best  interest  of  the  district  that  the  lands  mentioned  in  the  petition,  or  some  portion 
thereof,  be  excluded  from  the  district,  and  if  no  person  interested  in  the  district  show 
cause  in  writing  why  the  said  lands,  or  some  portion  thereof,  should  not  be  excluded 
from  the  district,  or  if,  having  shown  cause,  withdraws  the  same,  or  upon  the  hearing 
fails  to  establish  such  objections  as  he  may  have  made,  then  it  shall  be  the  duty  of  the 
board  to,  and  it  shall  forthwith,  make  an  order  that  the  lands  mentioned  and  described 
in  the  petition,  or  some  defined  portion  thereof,  be  excluded  from  said  district;  pro- 
vided, that  it  shall  be  the  duty  of  said  board  to  so  order,  upon  petition  therefor  as 
aforesaid,  that  all  lands  so  petitioned  to  be  excluded  from  said  district  shall  be 
excluded  therefrom,  which  can  not  be  irrigated  from,  or  which  are  not  susceptible  to, 
irrigation  from  a  common  source  or  by  the  same  system  of  works  with  the  other  lands 
of  said  district,  or  from  the  source  selected,  chosen,  or  provided,  or  the  system  adopted 
for  the  irrigation  of  the  lands  in  said  district,  or  which  are  already  irrigated,  or 
entitled  to  be  in'igated,  from  another  source  or  by  another  system  of  irrigation  works; 
provided,  that  no  land  imgated  by  means  of  water,  pumped  from  an  underground 
source  or  sources  shall  be  entitled  to  exclusion  from  any  irrigation  district  on  account 
of  being  so  irrigated,  if  it  shall  be  shown  that  such  land  is  or  will  be  substantially 
benefited  by  subirrigation  from  the  works  of  said  district  or  by  drainage  works  pro- 
vided or  required  by  law  to  be  provided  by  said  district,  but  no  owner  of  land  in  any 
irrigation  district  shall  be  required  to  pay  any  assessment,  except  for  the  pa3anent  of 
interest  and  principal  due  on  bonds  of  the  district,  on  any  land  in  such  district  which, 
when  the  district  was  organized,  was  irrigated  by  means  of  water  pumped  from  an 
underground  source  or  sources  and  has  continued  each  year  to  be  irrigated  exclusively 
by  such  means.  [Amendment  of  May  2G,  1915.  In  effect  August  8,  1915.  Stats.  1915, 
p.  836.] 

This  section  was  also  amended  February  28,  1905,  Stats.  1905,  p.  27;  June  13,  1913, 
Stats.    1913,    p.    781. 

Assent  of  bondholders.    Release  from  lien.    Assent  shall  be  recorded. 

§  79.  If  there  be  outstanding  bonds  of  the  district  at  the  time  of  the  filing  of  said 
petition,  the  holders  of  such  outstanding  bonds  may  give  their  assent,  in  writing,  to 
the  effect  that  they  severally  consent  that  the  lands  mentioned  in  the  petition,  or  such 
portion  thereof  as  may  be  excluded  from  said  district  by  order  of  said  board,  or  the 
decree  of  the  superior  court  as  hereinafter  provided,  may  be  excluded  from  the  dis- 
trict ;  and  if  said  lands,  or  any  portion  thereof,  be  thereafter  excluded  from  the  district, 
the  lands  so  excluded  shall  be  released  from  the  lien  of  such  outstanding  bonds.  The 
assent  must  be  acknowledged  by  the  several  holders  of  such  bonds  in  the  same  manner 
and  form  as  is  required  in  case  of  a  conveyance  of  land,  and  the  acknowledgment  shall 
have  the  same  force  and  effect  as  evidence  as  the  acknowledgment  of  such  conveyance. 
The  assent  shall  be  filed  with  the  board,  and  must  be  recorded  in  the  minutes  of  the 
board;  and  said  minutes,  or  a  copy  thereof,  certified  by  ths  secretary  of  said  board, 


12C9  IRRIGATION  AND  IRRIGATION  DISTRICTS,  Act  2266,  §§  80-84 

shall  be  admissible  in  evidence,  with  the  same  effect  as  the  said  assent,  and  such 
certified  copy  thereof  may  be  recorded  in  the  oftice  of  the  county  recorder  of  the  count}' 
wherein  said  lands  are  situated. 

Change  of  boundaries  of  district  to  be  recorded.  Exclusion  does  not  affect  organization. 
^  80.  In  the  event  the  said  board  of  directors  shall  exclude  any  lands  from  said 
district  upon  petition  therefor,  it  shall  be  the  duty  of  the  board  of  directors  to  make 
an  enti-y  in  the  minutes  of  the  board,  describing  the  boundaries  of  the  district,  should 
the  exclusion  of  said  lands  from  said  district  change  the  boundaries  of  said  district, 
and  for  that  purpose  the  board  may  cause  a  survey  to  be  made  of  such  portions  of  the 
district  as  the  board  may  deem  necessary;  and  a  certified  copy  of  the  entry  in  the 
minutes  of  the  board  excluding  any  land,  certified  by  the  president  and  secretary  of 
the  board,  shall  be  filed  for  record  in  the  recorder 's  office  of  each  county  within  which 
are  situated  any  of  the  lands  of  the  district;  but  said  district,  notwithstanding  such 
exclusion,  shall  be  and  remain  an  irrigation  district  as  fully,  to  every  intent  and  pur- 
pose, as  it  would  be  had  no  change  been  made  in  the  boundaries  of  the  district,  or  had 
the  lands  excluded  therefrom  never  constituted  a  portion  of  the  district. 

Office  of  director  of  excluded  division  made  vacant. 

§  81.  If  the  lands  excluded  from  any  district  under  this  act  shall  embrace  the  greater 
portion  of  any  division  or  divisions  of  such  district,  then  the  ofiice  of  director  for  such 
division  or  divisions  shall  become  and  be  vacant  at  the  expiration  of  ten  days  from  the 
final  order  of  the  board  excluding  said  lands;  and  such  vacancy  or  vacancies  shall 
be  filled  by  appointment  by  the  board  of  supervisors  of  the  county  where  the  office  of 
such  board  is  situated,  from  the  district  at  large.  A  director  appointed  as  above  pro- 
vided, shall  hold  his  office  until  the  next  regular  election  for  said  district,  and  until 
his  successor  is  elected  and  qualified. 

Division  of  district. 

§  82.  At  least  thirty  days  before  the  next  general  election  of  such  district,  the  board 
of  directors  thereof  shall  make  an  order  dividing  said  district  into  three  or  five 
divisions,  as  the  ease  may  require,  as  nearlj'  equal  in  size  as  may  be  practicable,  which 
shall  be  numbered  first,  second,  third,  and  so  on,  and  one  director  shall  be  elected  by 
each  division.  For  the  purposes  of  elections  in  such  district,  the  said  board  of  direc- 
tors must  establish  a  convenient  number  of  election  precincts,  and  define  the  boundaries 
thereof,  which  said  precincts  may  be  changed  from  time  to  time,  as  the  board  of 
directors  may  deem  necessary. 

Rights  of  guardian,  administrator  or  executor. 

ft  83.  A  guardian  and  executor,  or  an  administrator  of  an  estate,  who  is  appointed 
as  such  under  the  laws  of  this  state,  and  who,  as  such  guardian,  executor,  or  adminis- 
trator, is  entitled  to  the  possession  of  the  lands  belonging  to  the  estate  which  he 
represents,  may,  on  behalf  of  his  ward,  or  the  estate  which  he  represents,  upon  being 
thereto  properly  authorized  by  the  proper  court,  sign  and  acknowledge  the  petition 
in  this  act  mentioned,  and  may  show  cause,  as  in  this  act  provided,  why  the  boundaries 
of  the  district  should  not  be  changed. 

Lands  excluded  not  released  from  liability  for  indebtedness. 

^  84.  Nothing  in  this  act  provided  shall,  in  any  manner,  operate  to  release  any  of 
the  lands  so  excluded  from  the  district  fi'om  anj'  obligation  to  pay,  or  any  lien  thereon, 
of  any  valid  outstanding  bonds  or  other  indebtedness  of  said  district  at  the  time  of 
the  filing  of  said  petition  for  the  exclusion  of  said  lands,  but  upon  the  contrary,  said 
lands  shall  be  held  subject  to  said  lien,  and  answerable  and  chargeable  for  and  «^ith 
the  payment  and  discharge  of  all  of  said  outstanding  obligations  at  the  time  of  the 


Act  2366, 88  85-87  GENERAL  LAWS.  1270 

filing  of  the  petition  for  the  exclusion  of  said  land,  as  fully  as  though  said  petition 
for  such  exclusion  were  never  filed  and  said  order  or  decree  of  exclusion  never  made; 
and  for  the  purpose  of  discharging  such  outstanding  indebtedness,  said  lands  so 
excluded  shall  be  deemed  and  considered  as  part  of  said  irrigation  district  the  same 
as  though  said  petition  for  its  exclusion  had  never  been  filed  or  said  order  or  decree 
of  exclusion  never  made;  and  all  provisions  which  may  have  been  resorted  to  to 
compel  the  payment  by  said  lands  of  its  quota  or  portion  of  said  outstanding  obliga- 
tions, had  said  exclusion  never  been  accomplished,  may,  notwithstanding  said  exclusion, 
be  resorted  to  to  compel  and  enforce  the  payment  on  the  part  of  said  lands  of  its  quota 
and  portion  of  said  outstanding  obligations  of  said  irrigation  district  for  which  it  is 
liable,  as  herein  provided.  But  said  land  so  excluded  shall  not  be  held  answerable  or 
chargeable  for  any  obligation  of  any  nature  or  kind  whatever,  incurred  after  the  filing 
with  the  board  of  directors  of  said  district  of  the  petition  for  the  exclusion  of  said 
lands  from  the  said  district;  provided,  that  the  provisions  of  this  section  shall  not 
apply  to  any  outstanding  bonds,  the  holders  of  which  have  assented  to  the  exclusion 
of  such  lands  from  said  district,  as  hereinbefore  provided, 

INCLUSION  OF  LANDS. 
Boundaries  may  he  changed.    Existing  rights  not  affected. 

§  85.  The  boundaries  of  any  irrigation  district  now  organized  or  hereafter  organized 
under  the  provisions  of  this  act  may  be  changed  in  the  manner  herein  prescribed; 
but  such  change  of  the  boundaries  of  the  district  shall  not  impair  or  affect  its  organi- 
zation, or  its  rights  in  or  to  property,  or  any  of  its  rights  or  privileges  of  whatsoever 
kind  or  nature;  nor  shall  it  affect,  impair,  or  discharge  any  contract,  obligation,  lien, 
or  charge  for  or  upon  which  it  was  or  might  become  liable  or  chargeable,  had  such 
change  of  its  boundaries  not  been  made. 

Manner  of  procedure  for  inclusion  of  lands. 

§  86.  The  holder  or  holders,  of  title,  or  evidence  of  title,  representing  one-half  or 
more  of  any  body  of  lands  adjacent  to  the  boundary  of  an  irrigation  district,  which 
are  contiguous,  and  which,  taken  together,  constitute  one  tract  of  land,  may  file  with 
the  board  of  directors  of  said  district  a  petition,  in  writing,  praying  that  the  bound- 
aries of  said  district  may  be  so  changed  as  to  include  therein  said  lands.  The  petition 
shall  describe  the  boundaries  of  said  parcel  or  tract  of  land,  and  shall  also  describe 
the  boundaries  of  the  several  parcels  owned  by  the  petitioners,  if  the  petitioners  be 
the  owners,  respectively,  of  distinct  parcels,  but  such  descriptions  need  not  be  more 
particular  than  they  are  required  to  be  when  such  lands  are  entered  by  the  county 
assessor  in  the  assessment-book.  Such  petition  must  contain  the  assent  of  the  peti- 
tioners to  the  inclusion  within  said  district  of  the  parcels  or  tracts  of  land  described 
in  the  petition,  and  of  which  said  petition  alleges  they  are,  respectively,  the  owners; 
and  it  must  be  acknowledged  in  the  same  manner  that  conveyances  of  land  are  required 
to  be  acknowledged. 

Notice  of  filing  of  petition. 

§  87.  The  secretary  of  the  board  of  directors  shall  cause  a  notice  of  the  filing  of 
such  petition  to  be  given  and  published  in  the  same  manner  and  for  the  same  time 
that  notices  of  special  elections  for  the  issue  of  bonds  are  required  by  this  act  to  be 
published.  The  notice  shall  state  the  filing  of  such  petition  and  the  names  of  the 
petitioners,  a  description  of  the  lands  mentioned  in  said  petition,  and  the  prayer  of 
said  petition;  and  it  shall  notify  all  persons  interested  in,  or  that  may  be  affected 
by  such  change  of  the  boundaries  of  the  district,  to  appear  at  the  offices  of  said  board, 
at  a  time  named  in  said  notice,  and  show  cause  in  writing,  if  any  they  have,  why  the 
change  in  the  boundaries  of  said  district,  as  proposed  in  said  petition,  should  not  be 


i::ri  IRRIGATIOX  AHHJ  irrigation  districts.  Act  2266,  §§  88-90 

made.  The  time  to  be  specified  in  the  notice  at  which  they  shall  be  required  to  show 
cause  shall  be  the  regular  meeting  of  the  board  next  after  the  expiration  of  the  time 
for  the  publication  of  the  notice.  The  petitioners  shall  advance  to  the  secretary-  suffi- 
cient money  to  pay  the  estimated  costs  of  all  proceedings  under  this  act. 

Hearing  of  petition.     Failure  to  appear  deemed  an  assent. 

$  88.  The  board  of  directors,  at  the  time  and  place  mentioned  in  the  said  notice, 
or  at  such  other  time  or  times  to  which  the  hearing  of  said  petition  may  be  adjourned, 
shall  proceed  to  hear  the  petition,  and  all  the  objections  thereto,  presented  in  writing 
by  any  person  showing  cause  as  aforesaid  why  said  proposed  change  of  the  boundaries 
of  the  district  should  not  be  made.  The  failure  by  any  person  interested  in  said 
district,  or  in  the  matter  of  the  proposed  change  of  its  boundaries,  to  show  cause,  in 
writing,  as  aforesaid,  shall  be  deemed  and  taken  as  an  asset  on  his  part  to  a  change 
of  the  boundaries  of  the  district  as  prayed  for  in  said  petition,  or  to  such  a  change 
thereof  as  will  include  a  part  of  said  lands.  And  the  filing  of  such  petition  with  sai.d 
board,  as  aforesaid,  shall  be  deemed  and  taken  as  an  assent  on  the  part  of  each  and 
all  of  such  petitioners  to  such  a  change  of  said  boundaries  that  they  may  include  the 
whole  or  any  portion  of  the  lands  described  in  said  petition. 

Condition  precedent. 

5  89.  The  board  of  directors  to  whom  such  petition  is  presented,  may  require,  as  a 
condition  precedent  to  the  granting  of  the  same,  that  the  petitioners  shall  severally 
pay  to  such  district  such  respective  sums,  as  nearly  as  the  same  can  be  estimated 
(the  several  amounts  to  be  determined  by  the  board),  as  said  petitioners  or  their 
grantors  would  have  been  required  to  pay  to  such  districts  as  assessments,  had  such 
lands  been  included  in  such  district  at  the  time  the  same  was  originally  formed. 

Change  in  boundaries.    Inclusion  of  public  lands. 

§  90.  If  the  board  of  directors  deem  it  for  the  best  interest  of  the  district  that  the 
boundaries  of  said  district  be  changed  and  if  no  person  interested  in  said  district  or 
the  proposed  change  of  its  boundaries  shows  cause,  in  writing,  why  the  proposed  change 
should  not  be  made,  or,  having  shown  cause,  withdraws  the  same,  the  board  may  order 
that  the  boundaries  of  the  district  be  so  changed  as  to  include  therein  the  lands  men- 
tioned in  said  petition  or  some  part  thereof.  The  order  shall  describe  the  boundaries 
as  changed  and  shall  also  describe  the  entire  boundaries  of  the  district  as  they  will  be 
after  the  change  thereof  as  aforesaid  is  made;  and  for  that  purpose  the  board  may 
cause  a  survey  to  be  made  of  such  portions  of  such  boundary  as  is  deemed  necessary; 
provided,  however,  that  any  public  land  of  the  United  States  of  America  adjoining 
the  boundaries  of  any  irrigation  district  may  be  included  within  the  boundaries  of  any 
such  irrigation  district  by  order  or  resolution  of  the  board  of  directors  of  such  district 
without  any  petition  being  filed  asking  for  such  inclusion;  and  provided,  further,  that 
when  additional  land  is  included  within  any  irrigation  district  and  the  board  of 
directors  of  such  district  finds  either  that  such  inclusion  without  condition  would  work 
an  injury  to  the  land  already  in  the  district  either  by  an  impairment  of  water  right  or 
by  requiring  a  greater  expense  for  furnishing  water  to  the  lands  proposed  to  be  in- 
cluded, the  board  may  prescribe  conditions  upon  such  inclusion  of  land,  either  by 
providing  for  priority  of  right  to  water  or  for  the  payment  of  an  additional  annual 
charge  or  such  other  conditions  as  may  to  the  board  seem  just.  If  such  inclusion  is 
upon  petition  of  property  owners  all  such  propert}^  owners  must  sign  and  acknowledge 
an  agreement  with  the  district,  specifying  such  conditions  and  describing  the  land  so 
to  be  included.  Such  agreement  must  be  recorded  in  the  oflBce  of  the  county  recorder 
of  the  county  in  which  such  lands  are  situated,  together  with  a  certified  copy  of  the 


Act  2266,  §§  01-95  GCNERAl.   L,A^IVS.  1272 

order  including  such  lands,  and  thereupon  such  lands  shall  become  a  part  of  such  irri- 
gation district  subject  to  such  conditions.  [Amendment  of  June  9,  1915.  In  effect 
August  8,  1915.     Stats.  1915,  p.  1370.] 

Resolution  describing  boundaries. 

^  91.  If  any  person  interested  in  said  district  or  the  proposed  change  of  its  bound- 
aries shall  show  cause  as  aforesaid  why  such  boundaries  should  not  be  changed  and 
shall  not  withdraw  the  same  or  if  the  board  of  directors  deem  it  not  for  the  best  inter- 
ests of  the  district  that  the  boundaries  thereof  be  changed  so  as  to  include  therein  the 
lands  mentioned  in  the  petition  or  some  part  thereof,  the  board  shall  adopt  a  resolu- 
tion to  that  effect.  The  resolution  shall  describe  the  exterior  boundaries  of  the  land 
which  will  be  included  within  the  boundaiies  of  the  district  when  changed,  but  before 
calling  the  election  provided  for  in  the  next  section,  the  board  may  require  an  under- 
taking, with  sufficient  sureties,  from  the  petitioners  that  they  will  pay  all  of  the  cost 
of  holding  such  election  for  the  inclusion  of  such  lands  in  case  such  inclusion  should 
be  denied.  [Amendment  of  June  9,  1915.  In  effect  August  8,  1915.  Stats.  1915, 
p.  1371.] 

Notice  of  election.    Ballots. 

^  92.  Upon  the  adoption  of  the  resolution  mentioned  in  the  last  preceding  section, 
the  board  shall  order  that  an  election  be  held  within  said  district,  to  determine  whether 
the  boundaries  of  the  district  shall  be  changed  as  mentioned  in  said  resolution;  and 
shall  fix  the  time  at  which  such  election  shall  be  held,  and  cause  notice  thereof  to  be 
given  and  published.  Such  notice  shall  be  given  and  published,  and  such  election 
shall  be  held  and  conducted,  the  returns  thereof  shall  be  made  and  canvassed,  and  the 
result  of  the  election  ascertained  and  declared,  and  all  things  pertaining  thereto 
conducted  in  the  manner  prescribed  hy  said  act  in  case  of  a  special  election  to  deter- 
mine whether  bonds  of  an  irrigation  district  shall  be  issued.  The  ballots  east  at  said 
election  shall  contain  the  words  "For  change  of  boundary,"  or  "Against  change  of 
boundary,"  or  words  equivalent  thereto.  The  notice  of  election  shall  describe  the 
proposed  change  of  the  boundaries  in  such. manner  and  terms  that  it  can  readily  be 
traced. 

Election,  holding  of.    Time  of  and  notice  of.    Ballots. 

$  93.  If  at  such  election  a  majority  of  all  the  votes  cast  at  said  election  shall  be 
against  such  change  of  the  boundaries  of  the  district,  the  board  shall  order  that  said 
petition  be  denied,  and  shall  proceed  no  further  in  that  matter.  But  if  a  majority 
of  such  votes  be  in  favor  of  such  change  of  the  boundaries  of  the  district,  the  board 
shall  thereupon  order  that  the  boundaries  be  changed  in  accordance  with  said  reso- 
lution adopted  by  the  board.  The  said  order  shall  describe  the  entire  boundaries  of 
said  district,  and  for  that  purpose  the  board  may  cause  a  sui'vey  of  such  portion^ 
thereof  to  be  made  as  the  board  may  deem  necessary. 

Order  of  board  to  be  recorded. 

^  94.  Upon  a  change  of  the  boundaries  of  a  district  being  made,  a  copy  of  the  order 
of  the  board  of  directors  ordering  such  change,  certified  by  the  president  and  secretary 
of  the  board,  shall  be  filed  for  record  in  the  recorder's  office  of  each  county  within 
which  are  situated  any  of  the  lands  of  the  district,  and  thereupon  the  district  shall 
be  and  remain  an  irrigation  district,  as  fully,  and  to  every  intent  and  purpose,  as  if 
the  lands  which  are  included  in  the  district  by  the  change  of  the  boundaries,  as  afore- 
said, had  been  included  therein  at  the  original  organization  of  the  district. 

Recording  petition  in  minutes. 

§  95.  Upon  the  filing  of  the  copies  of  the  order,  as  in  the  last  preceding  section 
mentioned,  the  secretary  shall  record  in  the  minutes  of  the  board  the  petition  afore- 


1273  IRRIGATIO.V  AND  IRRIGATION  DISTRICTS.  Act  2266,  §§  96-99^4 

said;  and  the  said  minutes,  or  a  certified  copy  thereof,  shall  be  admissible  in  evidence, 
with  the  same  effect  as  the  petition. 

Rights  of  guardians,  executors  and  administrators. 

§  96.  A  guardian,  an  executor,  or  an  administrator  of  an  estate,  who  is  appointed 
as  such  under  the  laws  of  this  state,  and  who,  as  such  guardian,  executor,  or  admin- 
istrator, is  entitled  to  the  possession  of  the  lands  belonging  to  the  estate  which  he 
represents,  may,  on  behalf  of  his  ward,  or  the  estate  which  he  represents,  upon  being 
thereunto  authorized  by  the  proper  court,  sign  and  acknowledge  the  petition  in  this 
act  mentioned,  and  may  show  cause,  as  in  this  act  mentioned,  why  the  boundaries  of 
the  district  should  not  be  changed. 

Re-division  of  district. 

§  97.  In  case  of  the  inclusion  of  any  land  within  any  district  by  proceedings  under 
this  act,  the  board  of  directors  must,  at  least  thirty  days  prior  to  the  next  succeeding 
general  election,  make  an  order  re-dividing  such  district  into  three  or  five  divisions, 
as  the  case  may  require,  as  nearly  equal  the  size  as  may  be  practicable,  which  shall 
be  numbered  first,  second,  third,  and  so  on,  and  one  director  shall  thereafter  be  elected 
by  each  division.  For  the  purposes  of  elections,  the  board  of  directors  must  establish 
a  convenient  number  of  election  precincts  in  said  districts,  and  define  the  boundaries 
thereof,  which  said  precincts  may  be  changed  from  time  to  time,  as  the  board  may 
deem  necessary. 

EEDUCTION  OF  BONDED  INDEBTEDNESS. 
Reduction  of  bonded  indehtedness.     Authority  of  board  of  directors. 

^  98.  Whenever  the  board  of  directors  of  an  irrigation  district  heretofore  organized, 
or  hereafter  organized  under  the  provisions  of  this  act,  shall  determine  that  the 
authorized  bonded  indebtedness  of  such  irrigation  district  is  greater  than  such  district 
is  liable  to  need  to  complete  its  system  as  planned,  and  there  be  no  outstanding  bonds, 
the  board  of  directors  may  call  a  special  election  for  the  purpose  of  voting  upon  a 
proposition  to  reduce  such  bonded  indebtedness  to  such  sum  as  the  board  may  deter- 
mine to  be  sufficient  for  such  purpose. 

Special  election.     Ballots. 

§  99.  Notice  of  the  said  election  shall  be  given  in  the  same  manner  as  provided  in 
section  thirty  of  said  act,  in  relation  to  calling  special  elections  for  issuance  of  bonds. 
The  notice  of  election  must  state  the  amount  of  the  authorized  bonded  indebtedness 
of  such  district,  and  the  amount  to  which  it  is  proi^osed  to  reduce  the  same;  also,  the 
date  on  which  said  election  will  be  held,  and  the  polling-places,  as  established,  by 
said  board  of  directors.  The  ballots  cast  at  said  election  shall  contain  the  words 
"For  reducing  bonds — Yes,"  or  "For  reducing  bonds — No."  When  the  vote  is  can- 
vassed by  the  board  of  directors  and  entered  of  record,  if  a  majority  of  the  votes  cast 
shall  be  "For  reducing  bonds — Yes,"  then  in  that  event  the  board  of  directors  shall 
only  be  empowered  to  issue  or  sell  such  amount  of  bonds  as  was  stipulated  in  the  said 
notice  of  such  special  election;  but  if  a  majority  of  said  votes  are  not  "For  reducing 
bonds— Yes, "  then  the  authority  to  issue  bonds  shall  remain  the  same  as  before  said 
special  election  was  held. 

Assent  of  bondholders.  Reduction  docs  not  affect  order  confirming  validity  of  bonds. 
§  991/2.  In  case  there  be  outstanding  bonds  of  any  district  desiring  to  take  advan- 
tage of  the  provisions  of  this  act  concerning  reduction  of  bonded  indebtedness,  the 
assent  of  such  bondholders  may  be  obtained  to  such  reduction  of  the  bonded  indebt- 
edness, in  the  same  manner  as  provided  in  section  79  of  this  act.  If  such  assent  is 
obtained  in  the  manner  therein  provided,  then,  and  in  that  event,  such  district  shall 


Act  226C,  §g  100-105  GENERAL   LAWS.  1271 

be  empowered  to  take  advantage  of  all  the  provisions  of  this  act,  but  not  otherwise. 
No  reduction  of  the  bonded  indebtedness,  as  in  this  act  provided,  shall  in  any  manner 
aflfeft  any  order  of  court  that  may  have  been  made,  adjudicating  and  confirming  the 
validity  of  said  bonds. 

LEASE  OF  WATER. 
Authority  to  lease  granted. 

$  100.  Whenever  any  irrigation  district,  heretofore  organized,  or  hereafter  organized 
under  the  provisions  of  this  act,  in  the  development  of  its  works  as  by  law  provided, 
may  have  opportunity,  without  increased  expenditure,  to  utilize  the  water  by  it  owned 
or  controlled,  for  mechanical  purposes  not  inconsistent  with  the  provisions  of  said  act, 
the  board  of  directors  may  lease  the  same,  as  in  this  act  hereinafter  provided. 

Manner  of  procedure. 

$  101.  Whenever  the  board  of  directors  may  desire  to  lease  the  use  of  water,  as 
liereinbefore  stated,  they  shall  pass  a  resolution  of  intention  to  so  lease  the  same. 
Immediately  thereafter  the  secretary  shall  cause  notice  of  such  intention  to  be  given 
by  publication  in  one  newspaper  published  in  each  coi;nty  in  which  lands  of  the  dis- 
trict are  situated,  for  at  least  twenty  days  (provided,  a  newspaper  is  published 
therein,  otherwise  in  any  newspaper  the  board  of  directors  may  select),  and,  if  the 
board  thinks  proper  in  such  other  newspapers  as  may  be  deemed  advisable,  calling 
for  bids  for  the  leasing  of  said  water  for  the  purposes  hereinbefore  mentioned.  Said 
notice  shall  state  that  the  board  will  receive  sealed  proposals  therefor,  that  the  lease 
will  be  let  to  the  highest  responsible  bidder,  stating  the  time  and  place  of  opening  said 
proposals. 

Same.    Opening  proposals.    Leasing  property.    Rejecting  bids  and  readvertising  for 

proposals. 

^  102.  At  the  time  and  place  appointed  the  board  shall  proceed  to  open  the  proposals 
in  public.  As  soon  thereafter  as  may  be  convenient  the  board  shall  let  said  lease  in 
portions,  or  as  a  whole,  to  the  highest  responsible  bidder,  or  they  may  reject  any  or  all 
bids,  and  readvertise  for  proposals  for  the  same. 

Rentals. 

^  103.  The  rental  accruing  upon  said  lease  may  vary  from  year  to  year,  as  shall 
be  specified  in  said  lease,  and  shall  be  payable  semi-annually,  on  the  thirteenth  day  of 
December  and  thirtieth  day  of  June  of  each  year.  All  moneys  collected,  as  in  this 
act  provided,  shall  be  paid  into  the  treasury,  and  be  apportioned  to  such  funds  as  may 
be  deemed  advisable. 

Length  of  lease.    Forfeiture. 

$  104.  The  board  shall  have  power,  as  in  this  act  provided,  to  execute  a  lease  for 
any  period  not  exceeding  twenty-five  years.  If  at  any  time  the  rental  shall  not  be  paid 
on  the  days  hereinbefore  mentioned,  the  amount  of  such  rental  then  due  shall  be 
doubled,  and  if  not  paid  within  ninety  days  thereafter,  the  said  lease  shall  be  forfeited 
to  said  district,  together  with  any  and  all  works  constructed,  owned,  used,  or  controlled 
by  said  lessee. 

Bond. 

§  105.  Upon  the  letting  of  any  lease,  as  in  this  act  provided,  the  board  may  require 
the  lessee  to  execute  a  bond  for  the  faithful  performance  of  the  covenants  of  said 
lease,  or  give  such  other  evidence  of  good  faith  as  in  their  judgment  may  be  necessary. 


1273  IRRIGATION  AND  IRRIGATION  DISTRICTS.  Act  2266,  g§  106-110 

DESTRUCTION  OF  UNSOLD  BONDS. 
Election  to  vote  upon,  calling  of. 

§  106.  Whenever  there  remains  in  the  hands  of  the  board  of  directors  of  any  irriga- 
tion district  heretofore  organized,  or  organized  under  the  provisions  of  this  act,  after 
the  completion  of  its  ditch  system,  and  the  payment  of  all  demands  against  such  dis- 
trict, any  bonds  voted  to  be  issued  by  said  district,  but  not  sold,  and  not  necessary  to 
be  sold  for  the  raising  of  funds  for  the  use  of  such  district,  said  board  of  directors 
may  call  a  special  election  for  the  purpose  of  voting  upon  a  proposition  to  destroy 
said  unsold  bonds,  or  so  many  of  them  as  may  be  deemed  best,  or  may  submit  such 
proposition  at  a  general  election. 

Holding  of.    Ballots. 

§  107.  Such  election  shall  be  held  in  the  same  manner  as  other  elections  held  under 
the  provisions  of  this  act.  A  notice  of  such  election  shall  be  given  in  the  same  manner 
as  provided  in  section  thirty  of  this  act  in  relation  to  calling  special  elections  for  the 
issuance  of  bonds.  The  notice  of  election  must  state  the  amount  of  the  bonded  indebt- 
edness of  such  district  authorized  by  the  vote  of  the  district,  the  amount  of  the  bonds 
remaining  unsold,  and  the  amount  proposed  to  be  destroyed,  and  the  date  on  which 
such  election  is  proposed  to  be  held,  and  the  polling-places  as  fixed  by  the  board  of 
directors.  The  ballots  to  be  cast  at  such  election  shall  contain  the  words  "For  destroy- 
ing bonds — Yes,"  and  "For  destroying  bonds — No,"  and  the  voter  must  erase  the 
word  "No"  in  case  he  favors  the  destniction  of  bonds,  otherwise  the  word  "Yes." 

Two-thirds  majority. 

$  108.  When  the  vote  is  canvassed  by  the  board  of  directors  and  entered  of  record, 
if  a  two-thirds  majority  of  the  votes  cast  should  be  found  to  be  in  favor  of  the  destruc- 
tion of  said  bonds,  then  the  president  of  the  board,  in  the  presence  of  a  majority  of 
the  members  of  the  board,  must  destroy  the  bonds  so  voted  to  be  destroyed;  and  the 
total  amount  of  bonds  so  destroyed  and  canceled  shall  be  deducted  from  the  sum 
authorized  to  be  issued  by  the  electors  of  said  district,  and  no  part  thereof  shall  there- 
after be  reprinted  or  reissued. 

SAVING  CLAUSES. 
Existing  districts  and  existing  rights  not  affected. 

§  109.  Nothing  in  this  act  shall  be  so  construed  as  to  affect  the  validity  of  any 
district  heretofore  organized  under  the  laws  of  this  state,  or  its  rights  in  or  to  property, 
or  any  of  its  rights  or  privileges  of  whatsoever  kind  or  nature;  but  said  districts  are 
hereby  made  subject  to  the  provisions  of  this  act  so  far  as  applicable;  nor  shall  it 
affect,  impair,  or  discharge  any  contract,  obligation,  lien,  or  charge  for,  or  upon  which 
it  was  or  might  become  liable  or  chargeable  had  not  this  act  been  passed;  nor  shall  it 
affect  the  validity  of  any  bonds  which  have  been  issued  but  not  sold;  nor  shall  it 
affect  any  action  which  now  may  be  pending. 

Effect  of  statute  on  prior  acts. 

^  110.  Nothing  in  this  act  shall  be  construed  as  repealing  or  in  any  wise  modifying 
the  provisions  of  any  other  act  relating  to  the  subject  of  irrigation  or  water  commis- 
sioners, except  such  as  may  be  contained  in  the  act,  an  act  entitled  an  act  to  provide  for 
the  organization  and  government  of  irrigation  districts,  and  to  provide  for  the  acquisi- 
tion of  water  and  other  property,  and  for  the  distribution  of  water  thereby  for 
irrigation  purposes,  approved  March  seventh,  eighteen  hundred  and  eighty-seven,  and 
the  subsequent  acts  supplementary  thereto,  and  amendatory  thereof,  all  of  which  acts, 
so  far  as  they  may  be  inconsistent  herewith,  are  hereby  repealed. 


Ait22(;0,  g§  111,112 


GBNBRAl.   LAWS. 


t276 


Time  of  taking  effect  of  statute. 

§  111.     This  act  shall  take  effect  from  and  after  its  passage  and  approval. 

Title  of  act. 

§  112.  This  act  may  be  referred  to  in  anj'  action,  proceeding  or  legislative  enactment 
as  "the  California  irrigation  district  act."  [Amendment  of  May  16,  1919.  In  effect 
July  22,  1919.    Stats.  1919,  p.  669.] 

This  was  a  new  section  added  May   18,   1917,  Stats.  1917,  p.  769. 


1.     Act  is  supplementary  to  Wright  act. — 

The    act    of    1897    is    referred    to    as    an    act 
supplementary   to   the  Wright  act. — Jenison 
V.  Redfield,  149  Cal.   500,  89  Pac.   62. 
I.     CONSTITUTIONALITY. 

1.  Power  of  legislature  to  organiiee  irri- 
gation district  without  giving  the  land- 
owners any  voice. — The  legislature  might 
or.ganize  an  irrigation  district  without  giv- 
ing the  property  owners  any  voice  in  the 
matter  at  all,  and  it  may  do  so  as  provided 
in  the  act  of  1897,  by  authorizing  the  prop- 
erty owners  themselves  to  initiate  the  pro- 
ceedings to  form  such  a  district  by  the 
presentation  of  a  petition  signed  by  a  ma- 
jority of  those  in  the  proposed  district  who 
appear  on  the  last  equalized  assessment 
roll  as  land  owners  therein. — In  re  Bonds 
San  Joaquin  Irr.  Dist.,  161  Cal.  345,  119 
Pac.   198. 

2.  Power  of  legislature  to  create  irriga- 
tion districts  by  a  statute  passed  without 
formal  notice. — The  legislature  may  create 
irrigation  districts  by  a  statute  passed 
without  any  formal  notice  or  hearing,  or  it 
may  delegate  the  power  to  some  local 
board. — Imperial  Water  Co.  v.  Board  of 
Supervisors,  162  Cal.  15,  17,  120  Pac.  780. 

3.  Legislative  power  to  make  whoever 
it  sees  fit  eligible  as  petitioners  to  form 
irrigation  district. — The  legislature  may 
make  such  persons  as  it  sees  fit  eligible  as 
petitioners  to  an  initiatory  proposal  to  form 
a  district,  including  owners  of  possessory 
rights. — Imperial  Water  Co.  v.  Board  of 
Supervisors,   162  Cal.   15,   25,   120   Pac.   780. 

4.  Delegation  of  power  to  county  officers. 
— The  act  is  not  unconstitutional  on  the 
ground  that  it  delegates  powers  to  or  im- 
poses duties  upon  certain  county  officers  in 
connection  with  the  assessment  and  collec- 
tion of  taxes  of  the  district. — In  re  Bonds 
San  Joaquin  Irr.  Dist..  161  Cal.  345,  119 
Pac.   198. 

5.  Provisions  of  act  as  to  assessments 
and  bond  issues  not  foreign  to  title. — The 
provisions  of  the  act  to  test  the  validity  of 
an  assessment  and  bond  issue  are  not  for- 
eign to  the  title  of  the  act,  and  not  void 
under  section  24,  article  IV  of  the  constitu- 
tion.— In  re  Bonds  San  Joaquin  Irr.  Dist., 
161  Cal.  345,  119  Pac.  198. 

6.  Provides  protection  to  landowner. — 
The  general  machinery  of  the  act  provides 
ample  protection  to  the  landowner  and 
every  reasonable  opportunity  to  correct 
specific  abuses. — In  re  Bonds  San  Joaquin 
Irr.  Dist.,  161  Cal.  345,  119  Pac.  198. 

7.  Section  2  does  not  deny  "due  process." 
— The  fact  that  section  2  in  effect  dispenses 


with  signatures  to  the  notice  does  not  con- 
stitute a  denial  of  due  process  of  law,  inas- 
much as  due  process  requires  substantially 
that  the  notice  given  should,  under  tlie  cir- 
cumstances, have  a  reasonable  tendency  to 
apprise  the  parties  interested  of  the  nature 
of  the  proceeding  and  the  time  and  place  of 
the  hearing — Imperial  Water  Co.  v.  Board 
of  Supervisors.   162  Cal.  15,  23,  120  Pac.  780. 

8.  Provision  for  appeal  to  superior  court 
unconstitutional. — Section  4  of  the  act  of 
1897  providing  for  an  appeal  directly  to  the 
superior  court  from  the  order  of  the  board 
of  supervisors  granting  an  application  to 
form  an  irrigation  district  is  unconstitu- 
tional and  void. — Chinn  v.  Superior  Court. 
156  Cal.  478,  105  Pac.  580. 

9.  Unconstitutionality  of  section  4  does 
not  void  whole  act. — Section  4  of  the  act 
providing  for  an  appeal  to  the  superior 
court  is  not  so  important  that  it  will  be 
presumed  that  the  legislature  would  not 
have  enacted  the  rest  of  the  act  without  it, 
and  its  invalidity  does  not,  therefore,  affect 
the  validity  of  the  act  in  such  other  por- 
tions.— Imperial  Water  Co.  v.  Board  of 
Supervisors,  162  Cal.  15,  20,  120  Pac.  780. 

10.  Same. — The  fact  that  the  provision 
for  appeal  to  the  superior  court  from  the 
determination  of  the  board  of  supervisors 
has  been  declared  unconstitutional,  does  not 
destroy  the  whole  act,  wliich  would  be  valid 
without  the  provision. — In  re  Bonds  San 
Joaquin  Irr.  Dist.,  161  Cal.  345,  119  Pac.  198. 

11.  Amendment  of  1911  made  ■»vith  knowl- 
edge of  unconstitutionality  of  section  4. — 
The  presumption  is  that  the  legislature  had 
knowledge  of  the  fact  that  section  4  had 
been  declared  unconstitutional  when  it 
amended  the  act  of  1911,  and  it  is  implied 
from  this  fact  that  the  legislature  deemed 
the  remaining  portions  valid,  and  did  not 
consider  section  4  so  vital  to  the  scheme 
that  the  law  would  not  have  been  enacted 
■without  it. — Imperial  Water  Co.  v.  Board  of 
Supervisors,   162  Cal.  15,   21,  120  Pac.  780. 

12.  Section  34  constitutional. — Section  34 
of  the  act  goes  only  to  the  method  of  invok- 
ing the  action  of  the  trustees  for  the  calling 
of  an  election  as  to  the  incurring  of  indebt- 
edness, and  is  constitutional. — In  re  Bonds 
San  Joaquin  Irr.  Dist..  161  Cal.  345,  119 
Pac.   198. 

13.  Section  39  constitutional. — Section  39 
of  the  act  is  constitutional. — Nevada,  etc.. 
Bank  v.  Supervisors  of  Kern  Co.,  5  Cal. 
App.   638.  91  Pac.   122. 

14.  Enabling  act  of  1901  constitutional. — 
The  enabling   act  of  1901   is  held  to  be  con- 


1277 


IRRIGATION  AND  IRRIGATION  DISTRICTS. 


Act  22C6 


stltutional. — Byington    v.    Sacramento,    etc., 
Co.,  170  Cal.  124,  131,  148  Pac.  791. 

II.      PROCEEDINGS. 
a.     Petition.     Notice. 

15.  Notice  need  not  be  signed  by  all  pe- 
titioners.— Section  2  does  not  require  the 
notice  of  time  of  presentation  of  petition  to 
be  signed  by  all  the  petitioners,  and  ex- 
pressly provides  that  a  lack  of  signatures 
thereto  shall  not  vitiate  the  proceedings, 
provided  the  petition  itself  has  a  sufficient 
number  of  signatures,  and  if  any  signatures 
are  required  to  the  notice  it  is  sufficient  if 
some  of  the  petitioners  have  signed  it. — 
Imperial  V*''ater  Co.  v.  Board  of  Supervisors, 
162  Cal.  15,  22,  120  Pac.  780. 

16.  Proof  of  publication  of  notice. — It  is 
sufficient  that  the  proof  of  publication  of  the 
notice  and  petition  was  made  by  the  affida- 
vit of  the  publisher  of  the  newspaper  in 
which  it  was  made. — Imperial  Water  Co.  v. 
Board  of  Supervisors,  162  Cal.  15,  24,  120 
Pac.   780. 

17.  SigTiatnres  to  petition. — A  notice 
authorized  by  the  petitioners  and  purport- 
ing to  be  signed  by  some  of  them  for  all, 
and  regularly  published  as  required  by  the 
act  would  be  valid,  whether  the  purported 
signatures  of  the  petitioners  thereto  were 
actually  written  by  the  petitioners  or  some 
other  person  by  their  authority. — Imperial 
Water  Co.  v.  Board  of  Supervisors,  162  Cal. 
15,   23,   120  Pac.  780. 

18.  Time  named  in  notice. — The  notice 
need  not  specify  that  the  petition  will  be 
presented  at  a  "regular  meeting"  of  the 
board,  and  a  notice  stating  that  it  will  be 
presented  at  a  specified  time  is  sufficient,  if 
the  time  so  presented  is  in  fact  the  time  of 
a  regular  meeting  of  the  board. — Imperial 
Water  Co.  v.  Board  of  Supervisors,  162  Cal. 
15,   23,   120   Pac.   780. 

19.  W'ithdraival  of  petitioners. — The  pe- 
titioners for  the  organization  of  an  irriga- 
tion district  under  the  irrigation  district  act 
of  1897,  may  effectively  withdraw  from  the 
petition  at  any  time  prior  to  the  presenta- 
tion of  the  petition  to  the  board  of  super- 
visors on  the  date  fixed  in  the  publislied 
notice  of  presentation,  with  the  result  that 
at  the  date  of  such  presentation  they  can 
no  longer  be  considered  as  petitioners. — 
McAulay  v.  Board  of  Supervisors  of  Merced 
County,   178   Cal.   628,   174    Pac.   30. 

b.     Boundaries    of   District. 

20.  Municipality  may  be  included. — A 
municipality  may,  under  the  constitution, 
be  included  within  the  boundaries  of  an 
irrigation  district,  and  land  therein  assessed 
for  district  purposes. — La  Mesa  Homes  Co. 
V.  La  Mesa,  etc.,  Irr.  Dist.,  173  Cal.  121,  159 
Pac.   593. 

21.  Same  ^  Adoption  of  constitutional 
amendment  did  not  Impair  liability  for 
bonds  of  previously  organized  district. — 
The  functions  of  a  previously  existing  irri- 
gation district  were  not  impaired  by  the 
amendment  of  1911  to  section  19,  article  XI, 
of  the  constitution,  and  the  liability  of  the 
property    owners    of    a    municipality    within 


the  territory  of  such  district  for  the  bonds 
of  the  district  was  not  affected  thereby. — • 
La  Mesa  Homes  Co.  v.  La  Mesa,  etc.,  Irr. 
Dist.,  173  Cal.  121,   125,   159  Pac.  593. 

22.  Lands  irrigated  from  "another 
source." — A  landowner  who  prior  to  the  or- 
ganization of  the  district,  and  afterwards, 
irrigated  his  lands  exclusively  from  a  pump- 
ing plan  and  well  located  on  his  own  lands, 
and  who  has  never  derived  any  benefit  from 
the  irrigation  works  of  the  district,  is  en- 
titled to  have  lands  excluded  tlierefrom,  and 
the  board  of  directors  has  no  discretion  to 
retain  them. — Harelson  v.  South  San  Joa- 
quin Irr.  Dist.,  20  Cal.  App.  324,  128  Pac. 
1010. 

23.  Same — "Another  source." — The  phrase 
"another  source"  in  section  78  means,  when 
considered  in  their  natural  signification, 
any  source  by  which  the  lands  are  in  fact 
being  irrigated,  and  the  legislature  had  In 
mind  the  landowner  who  had  succeeded  in 
providing  means  to  irrigate  his  land,  al- 
though limited  to  his  own  needs. — Harelson 
V.  South  San  Joaquin  Irr.  Dist.,  20  Cal.  App. 
324,  128  Pac.  1010. 

24.  Same — Participation  of  ovyner  in  for- 
mation of  district. — Participation  by  a  land- 
owner in  tile  election  establishing  the  dis- 
trict does  not  estop  him  from  thereafter 
filing  a  petition  for  the  exclusion  of  his 
lands. — Harelson  v.  South  San  Joaquin  Irr. 
Dist.,   20  Cal.  App.  324,  128  Pac.  1010. 

25.  Same — Remedy  for  refusal  to  ex- 
clude.— Mandate  is  the  remedy  for  the  re- 
fusal of  the  board  of  directors  to  exclude 
lands  of  a  petitioner  irrigated  by  means  of 
a  private  pumping  plant. — Harelson  v. 
South  San  Joaquin  Irr.  Dist.,  20  Cal.  App. 
324,   128    Pac.   1010. 

c.     Assessments. 

26.  Jurisdiction  to  levy  assessment- 
Steps  necessary  to  acquire. — Jurisdiction  to 
levy  an  assessment  under  the  irrigation  dis- 
trict act  of  March  31,  1897,  known  as  the 
Bridgeford  act  must  be  acquired  and  exer- 
cised in  the  manner  laid  down  in  the  stat- 
ute, but  the  legislature  declare,  as  to  steps 
not  constitutionally  necessary,  that  objec- 
tions to  steps  taken  must  be  made  in  a  cer- 
tain time  and  in  a  certain  way,  in  order  to 
affect  the  validity  of  the  proceedings — Im- 
perial Land  Co.  v.  Imperial  Irr.  Dist.,  173 
Cal.  660,  664,  161  Pac.  113. 

27.  Entry  of  order  calling  meeting  to 
levy  assessment  not  required. — The  Bridge- 
ford  act  does  not  require  that  the  order 
calling  a  meeting  to  levy  an  assessment 
shall  be  entered  in  the  record  five  days 
before  the  meeting. — Imperial  Land  Co.  v. 
Imperial  Irr.  Co.,  173  Cal.  660,  665,  161  Pac. 
113. 

28.  Same. — A  sufficient  compliance  with 
the  requirement  of  section  14  of  the  Bridge- 
ford  act  as  to  entry  of  record  of  order  call- 
ing meeting  to  levy  assessment,  is  a  recital 
of  the  fact  in  the  minutes  of  the  meeting. — 
Imperial  Land  Co.  v.  Imperial  Irr.  Dist.,  173 
Cal.  660,  664,  161  Pac.  113. 

29.  Same — Failure  to  call  meeting,  mere 
irregularity. — The   failure   to   enter   the   call 


Aft  2266 


GENKRAl.  LAWS. 


1278 


for  a  meeting  to  levy  an  assessment  In  full 
in  the  minutes,  is  at  most  an  irregularity, 
which  is  cured  by  failure  of  an  objecting 
landowner  to  bring  an  action  attacking  the 
validity  of  the  assessment  within  30  days 
after  the  levy. — Imperial  Land  Co.  v.  Im- 
perial Irr.  Dist.,  173  Cal.  660,  665,  161  Pac. 
113. 

30.  Xotlce  of  levy  not  required. — Since 
the  act  provides  for  notice  to  the  property 
owner  of  all  the  preliminary  acts  leading 
up  to  the  assessment,  giving  him  an  oppor- 
tunity to  object  to  any  of  them,  the  act  is 
not  invalid  because  it  does  not  provide  for 
notice  of  levy  of  assessment,  which  is  the 
final  outcome  of  all  the  rest,  since  he  might 
know  it  by  the  exercise  of  reasonable  dili- 
gence, and  since  he  has  nothing  to  say  with 
reference  to  it. — Lahman  v.  Hatch,  124  Cal. 
1.  56  Pac.  621. 

31.  Publication  ot  notice — Particular 
newspaper  not  shovin. — Where  the  record 
does  not  show  in  what  particular  news- 
paper the  notice  of  delinquency  was  pub- 
lished, testimony  that  a  certain  newspaper 
had  been  examined  and  that  it  had  been 
found  that  the  notice  had  been  published 
'n  one  issue  only,  can  not  overcome  the 
prima  facie  showing  through  proof  of  the 
deed  that  the  notice  was  published  as  re- 
quired.— Corson  v.  Crocker,  31  Cal.  App. 
626,   161   Pac.   287. 

32.  Levy   by   resolution,   not   necessary. — 

It  is  not  necessary  under  the  act  of  1897 
to  levy  an  assessment  for  district  purposes 
by  resolution. — Corson  v.  Crocker,  31  Cal. 
App.  621,  161  Pac.  287. 

33.  Levy  by  motion,  tiuflicient. — Levy  of 
assessment  by  motion  instead  of  by  resolu- 
tion is  a  mere  irregularity,  of  which  advan- 
tage must  be  taken,  by  action  within  30 
days  after  levy. — Imperial  Land  Co.  v.  Im- 
perial Irr.  Dist.,  173  Cal.  660,  666,  161  Pac. 
113. 

34.  Resolution,  sufficient. — -A  resolution 
of  the  board  of  directors  of  an  irrigation 
company  "that  it  is  necessary  for  the  law- 
ful purposes  of  said  district  for  its  fiscal 
year  1913-14,  that  the  sum  of  $28,935  be 
raised  by  special  assessment  for  the  general 
fund,"  is  all  that  is  required  in  the  way  of 
an  estimate. — Imperial  Land  Co.  v.  Impe- 
rial Irr.  Dist.,  173  Cal.  668,  161  Pac.  116. 

35.  Estimate  and  detoriiiinaiion  of 
amount. — When  may  Invalidate  assessment. 
— The  failure  of  the  directors  to  have  an 
estimate  and  determination  of  the  ainount 
of  money  necessary  to  be  raised  before 
levying  an  assessment  is  a  mere  irregu- 
larity which  is  not  available  to  invalidate 
the  assessment  unless  the  action  is  brought 
within  the  30  days  prescribed  in  section  69 
of  the  act  (Bridgeford  act). — Imperial  Land 
Co.  v.  Imperial  Irr.  Dist.,  173  Cal.  660,  665, 
161   Pac.   113. 

36.  Description  of  land — Dcfiniteness  re- 
4>uired. — Where  the  description  of  the  land 
is  not  misleading  and  not  calculated  to  mis- 
load   the   owner,    and    is    sufficient   to   enable 


him  to  identify  It  as  his  land.  It  Is  sufilcient. 
— Corson  v.  Crocker,  31  Cal.  App.  626,  161 
Pac.   287. 

37.  Same — Sufllcient. — "Modesto  B'lk  123, 
lots  1  to  5  inclusive"  in  the  assessment  book 
under  the  heading  "Description  of  property" 
is  a  suflScient  description. — Corson  v. 
Crocker,  31  Cal.  App.  626,  161  Pac.  287. 

38.  '  IniprovcmcutM  need  not  be  described. 
— Tlie  assessment  need  not  describe  the  im- 
provements, and  it  is  sufllcient  if  the  land 
on  which  tlie  improvements  are  located  is 
described. — Lahman  v.  Hatch,  124  Cal.  1, 
56   Pac.   621. 

3!).  Kxtension  on  roll  of  total  valuation. 
— The  Bridgeford  act  does  not  require  that 
the  total  valuation,  as  finally  equalized  by 
the  board,  should  appear,  extended  and 
added  within  ten  days  after  the  close  of  the 
session  of  the  board  of  equalization. — Im- 
perial Land  Co.  v.  Imperial  Irr.  Dist.,  173 
Cal.  668,  161  Pac.  116. 

40.  I'se  of  dollar  mark  at  head  of  column 
sufficient. — The  dollar  mark  appearing  at 
the  liead  of  the  column  showing  the  value 
of  all  property  assessed  was  applicable  to 
all  the  figures  appearing  in  that  column, 
and  it  was  not  necessary  to  repeat  the  sym- 
bol before  each  valuation. — Imperial  Land 
Co.  V.  Imperial  Irr.  Dist.,  173  Cal.  668,  161 
Pac.  116. 

41.  Amendment  by  assessor  to  shovr  de- 
scription of  improvements. — The  amendment 
by  the  assessor  of  the  assessment  book, 
while  in  the  hands  of  the  board  of  equaliza- 
tion, the  assessor  taking  the  book  away 
from  Saturday  afternoon  to  Monday  morn- 
ing for  that  purpose,  by  inserting  a  de- 
scription of  improvements  on  the  land,  is 
immaterial,  does  not  affect  the  substantial 
rights  of  the  persons  assessed,  and  does  not 
vitiate  the  assessment. — Lahman  v.  Hatch, 
124  Cal.  1,  56  Pac.  621. 

42.  One  levy  sufficient  to  pay  amounts 
due  for  previous  years. — Where  more  than 
one  installment  of  principal  and  interest 
have  fallen  due  in  previous  successive  years, 
one  levy  may  be  made  to  pay  all. — Nevada, 
etc..  Bank  v.  Supervisors  of  Kern  Co.,  5  Cal. 
App.   638,  91  Pac.  122. 

43.  Petition  to  submit  question  of  levy  to 
elector.s — Effect  of  failure  to  act  upon  peti- 
tion.— When  a  petition  signed  by  fifteen 
per  cent  of  the  qualified  voters  of  an  irri- 
gation district  asking  tliat  a  proposed  levy 
of  assessment  should  be  voted  on  at  an 
election  for  tliat  purpose,  tlie  levy  is  stayed 
until  the  election  is  called  and  the  requisite 
number  of  votes  cast  for  it;  but  there  is 
nothing  in  the  act  requiring  the  board  of 
directors  to  call  the  election  and  no  elec- 
tion is  called  in  response  to  a  sufTicient 
petition,  it  is  in  substance  an  abandonment 
of  the  proceeding. — Imperial  Land  Co.  v. 
Imperial  Irr.  Dist.,  26  Cal.  App.  529,  147  Pac. 
593. 

44.  Refusal  of  board  to  levy  assessment 
.^Remedy. — Upon  the  refusal  of  the  board 
of  directors  of  an  irrigation  district  to  levy 
an  assessment  to  pay  the  interest  on  the 
bonded     indebtedness,     and     the     board     of 


I 


1279 


IRRIGATION  AND  IRRIGATION  DISTRICTS. 


Act  2266 


supervisors,  after  a  petition  therefor,  have 
refused  to  levy  such  assessment,  the  su- 
perior court  of  the  county  in  which  the  dis- 
trict is  situated  has  jurisdiction  to  compel 
the  levy  of  such  assessment,  in  the  absence 
of  a  showing  that  the  office  of  the  board  of 
directors  is  not  within  such  county.— Ne- 
vada, etc.,  Bank.  v.  Supervisors  of  Kern 
Co.,  5  Cal.  App.  638,  91  Pac.  122. 

45.  Assessment  roll  need  not  be  certified. 
— The  assessment  roll  need  not  be  certified 
by  any  person  or  officer  of  the  district. — 
Corson  v.  Crocker,  31  Cal.  App.  626,  161 
Pac.   287. 

d.      Sale   of  Lands   to   Pay   Delinquent 
Assessments. 

46.  Certificate  of  sale,  sufliciency  of. — A 
certificate  of  sale  dated  March  3,  1906,  in- 
stead of  February  20,  1906,  the  day  of  sale, 
is  not  void  for  that  reason  where  it  is 
stated  therein  that  the  property  may  be  re- 
deemed within  twelve  months  from  the 
former  date. — Bruschi  v.  Cooper,  30  Cal. 
App.  682,  159  Pac.  728,  734. 

47.  Same. — The  dating  of  the  certificate 
of  sale  on  the  day  of  the  sale  is  immaterial, 
where  it  recites  the  date  of  sale,  and  that 
the  property  may  be  redeemed,  as  provided, 
within  one  year  from  that  date,  and  recit- 
ing the  last  day  of  redemption. — Corson  v. 
Crocker.  31  Cal.  App.  626,  161  Pac.  287. 

48.  Same — Tax  deed — Misnomer. — A  cer- 
tificate of  sale  and  a  tax  deed  are  both  in- 
valid where  the  name  of  the  person  assessed 
appeared  in  the  assessment  book  as  "D. 
Bruschie,"  and  in  the  certificate  of  sale  as 
"D.  Bruscia." — Bruschi  v.  Cooper,  30  Cal. 
App.  682,  159  Pac.  728,  734. 

III.     ACTIONS. 

49.  Action  to  void  assessment  for  vrant 
of  jurisdiction. — Irregnlarity. — If  the  com- 
plaint in  an  action  to  restrain  a  sale  of 
lands  in  an  irrigation  district  does  not  show 
that  plaintiff's  assessment  was  altered,  or 
lliat  the  general  assessed  value  of  lands  in 
the  district  was  lowered  by  the  board  of 
equalization,  to  plaintiff's  injury,  and  does 
not  show  error  in  the  original  assessment 
which  remained  binding,  upon  tlie  theory 
that  the  action  of  the  board  was  void  for 
want  of  jurisdiction,  it  is  immaterial 
whether  the  board  did  or  did  not  have  juris- 
diction.— Lahman  v.  Hatch,  124  Cal.  1,  56 
Pac.   621. 

50.  Action  for  injunction  aj^ainst  sale  of 
land  to  pay  void  assessment. — A  property 
owner  to  have  an  injunction  against  the 
sale  of  his  land  for  nonpayment  of  an  as- 
sessment under  the  Bridgeford  act,  on  the 
ground  of  irregularities  in  the  proceedings 
after  the  levy,  looking  to  its  collection, 
without  first  paying  or  offering  to  pay  tlie 
amount  justly  due. — Imperial  Land  Co.  v. 
Imperial  Irr.  Dist.,  173  Cal.  660,  667,  161 
Pac.  113. 

51.  Action  to  void  assessment  for  mere 
irregularities. — A  landowner  in  an  irriga- 
tion district  organized  under  the  Bridge- 
ford  act  (March  31,  1897),  may  not  attack 
the   validity   of  an   assessment   for   mere    ir- 


regularities which  do  not  infringe  his  con- 
stitutional rights,  nor  for  failure  to  com- 
ply with  statutory  requirements  which  the 
legislature  might  have  dispensed  with,  un- 
less by  an  action  commenced  within  30  days 
after  the  levy  thereof,  as  required  by  sec- 
tions 68  to  72  of  the  act. — Imperial  Land 
Co.  V.  Imperial  Irr.  Dist.,  173  Cal.  660,  662, 
161  Pac.  113. 

52.  Action  to  review  proceedings^Fail- 
nre  to  make  necessary  allegations. — On  a 
review  of  the  proceedings  to  form  an  irri- 
gation district,  where  the  complaint  does 
not  aver  that  any  of  the  signatures  to  the 
petition  were  false  or  forged,  or  that  the 
persons  making  them  were  unauthorized 
to  sign,  where  made  by  an  agent,  the  mere 
fact  that  the  evidence  upon  which  the  board 
found  their  authenticity  is  not  incorporated 
in  the  record  in  detail,  is  insufficient  ground 
upon  which  to  declare  the  proceedings  in- 
valid.— Imperial  Water  Co.  v.  Board  of 
Supervisors,  162  Cal.  15,  24,  120  Pac.  780. 

53.  Action  under  sections  68  and  72 — 
Purpose. — The  action  brouglit  under  sec- 
tions 68  to  72,  by  the  board  of  supervisors 
or  property  owner  is  solely  for  the  pur- 
pose of  inquiry  into  the  validity  of  the 
bonds,  and  is  not  an  inquiry  into  the  pro- 
ceedings for  the  organization  of  the  district. 
— Imperial  Water  Co.  v.  Board  of  Super- 
visors,  162  Cal.   15,   19,   120   Pac.  780. 

54.  Same — Does  not  provide  plain, 
speedy  or  adequate  remedy. — The  action 
provided  for  under  sections  68  to  72  does 
not  provide  a  plain,  speedy  or  adequate 
remedy  to  determine  the  validity  of  the  or- 
ganization of  a  district,  and  no  such  remedy 
remains  except  certiorari. — Imperial  Water 
Co.  V.  Board  of  Supervisors,  162  Cal.  15.  20, 
120  Pac.  780. 

IV.      POWERS,      DUTIES      AND      OBLIGA- 
TIONS   OF    DISTRICT    AND    ITS 
OFFICERS. 

55.  Creation  of  district  a  legislative  act. 

— The  creation  of  an  irrigation  district  un- 
der the  act  of  March  31,  1897  (254),  is  a 
legislative  act. — Imperial  Water  Co.  v. 
Board  of  Supervisors,  162  Cal.  15,  17,  120 
Pac.   780. 

56.  Ascertainment  of  certain  facts,  after 
notice  and  hearing  judicial  in  character. — 
Where  the  legislature  delegates  the  power 
to  form  irrigation  districts  to  a  local  board, 
and  provides  that  it  can  be  exercised  only 
upon  certain  conditions  and  upon  the  ascer- 
tainment of  certain  facts  by  such  board, 
after  a  notice  and  hearing  to  parties  inter- 
ested, the  proceeding  thus  authorized  is 
judicial  in  character. — Imperial  Water  Co. 
v.  Board  of  Supervisors,  162  Cal.  15,  17,  120 
Pac.   780. 

57.  District  can  not  grant  preferential 
rights. — An  irrigation  district  can  not  grant 
preferential  rights  to  the  use  of  any  part  of 
its  water. — Byington  v.  Sacramento,  etc., 
Co.,  170  Cal.  124,  133,  148  Pac.  791. 

.58.  I-ease  by  district  of  all  its  properties. 
— Statute  of  1901. — A  lease  by  an  irrigation 
district    of    all    its    properties,    made    under 


Act  2200a,  §g  1-3  GENERAL   LAWS.  1280 

the  authority  of  the  act  of  1901,  would  have  original    dedication,    and    the    water    rights 

read   into    it    the    provisions    of    the    statute,  acquired  under  the  lease  are  deemed  a  part 

and  thus   the   lessee   would  be   compelled  to  of  the  original  system,  and  the  lands  within 

assume    the   burden    of   continuing   the   sup-  the    boundaries    of    such    district    must,    on 

ply. — Byington   v.   Sacramento,   etc.,   Co.,   170  demand,  be  served  with  water  for  irrigation, 

Cal.    124,    131,    148    Pac.    791.  before    any    of    the    appropriated    water    is 

59.  Same — Same — Kstoppcl  of  lesMee. —  taken  to  outside  lands. — Byington  v.  Sacra- 
The  assignee  of  the  lease  is  estopped  from  mento,  etc.,  Co..  170  Cal.  124,  128,  148  Pac. 
denying     the     validity     of     the     title     under  791. 

which  It  took  possession  of  the  demised  61.  Contract — Failure  of  officers  to  corn- 
premises. — Byington  v.  Sacramento,  etc.,  ply  with  statutory  requirements. — No  lia- 
Co.,  170  Cal.   124,   130,  148  Pac.  791.  bility  is  imposed  upon  an  Irrigation  district 

60.  IlleK'nIly  organized  district  continues  by  a  contract  entered  into  by  its  officers 
to  be  de  facto  district  for  certain  purposes.  without  complying  with  all  the  essential 
—  An  irrigation  district,  after  having  been  proceedings  required  by  the  act,  and  a  bid- 
judicially  declared  to  be  illegally  organized,  der  for  proposed  work  is  not  estopped  by 
is  still  a  de  facto  district  for  the  purpose  failure  to  comply  with  his  bid,  from  claim- 
of  winding  up  its  affairs,  and  it  has  suffi-  ing  the  return  of  his  check  deposited  with 
cient  vitality  to  make  a  lease  under  author-  the  bid,  or  from  enjoining  its  payment, 
ity  of  the  act  of  1901  (815)  of  all  its  prop-  where  the  board  of  directors  failed  to  com- 
erties,  water  rights  and  uncompleted  works;  ply  with  essential  requirements  in  calling 
and  the  acts  of  an  assignee  of  such  lease  for  bids. — Healey  v.  Anglo-California  Bank, 
are    deemed    to    be    a    continuation    of    the  5  Cal.  App.  278,  90  Pac.  54. 

IRRIGATION  DISTRICTS  OF  OVER  500,000  ACRES. 

ACT  2266a — An  act  to  provide  for  the  government  of   irrigation  districts  having   an 

area  of  more  than  500,000  acres  and  to  enable  such  irrigation  districts  to  construct 

levees  and  to  protect  the  lands  within  such  districts   from   damage   resulting   from 

floods  and  the  overflow  of  rivers  and  for  that  purpose  to  provide  additional  powers  for 

hoards  of  directors  within  such  irrigation  districts. 

History:     Approved  January  21,  1915.    In  effect  immediately.    Stats. 
1915,  p.  1. 

Power  of  hoard  of  directors. 

§  1.  The  board  of  directors  of  irrigation  districts  having  an  area  of  more  than  500,- 
000  acres  may  expend  such  sums  as  may  to  them  seem  necessary  for  the  protection  of 
the  canal  system  of  such  district  or  of  lands  within  such  districts  from  damage  by 
flood  and  from  the  overflow  of  rivers  and  may  contribute  funds  for  that  purpose  to  be 
expended  by  or  jointly  with  the  government  of  the  United  States  of  America,  or  other 
governments  or  persons  benefited  by  the  same  protective  work  or  works.  The  board  of 
directors  of  any  such  irrigation  district  may  also  do  all  things  necessary  to  insure  such 
irrigation  system  and  the  lands  within  such  district  from  any  such  damage  by  flood  or 
overflow  without  first  receiving  a  petition  of  land  owners  or  freeholders  for  holding  an 
election  to  authorize  such  expenditure. 

Borrowing  money. 

§  2.  When  the  issuance  of  bonds  of  any  such  district  has  been  authorized  by  vote 
of  the  electors  of  such  district,  for  the  purpose  of  protection  against  floods  but  have 
not  been  sold,  the  board  of  directors  thereof  may  borrow  for  such  purpose,  at  the  rate 
of  interest  not  exceeding  seven  per  cent  per  annum,  the  amount  of  such  authorized 
bond  issue,  but  when  such  bonds  have  been  sold,  the  amount  borrowed  under  the  pro- 
visions of  this  section  must  be  repaid. 

Borrowing  for  flood  protection. 

$  3.  In  addition  to  the  powers  conferred  by  the  last  section,  the  board  of  directors 
of  any  such  district  shall  have  power  to  borrow  for  flood  protection  purposes,  in  any 
one  year  not  to  exceed  two  hundred  thousand  dollars  at  a  rate  of  interest  not  greater 
than  seven  per  cent  per  annum. 


i 


1281  IRRIGATION  AND  IRRIGATION  DISTRICTS.  Act  2266ii,  §§  4-6 

Assessments. 

$  4,  The  board  of  directors  of  any  such  irrigation  district  shall  within  fifteen  days 
after  the  close  of  its  session  as  a  board  of  equalization,  levy  an  assessment  sufficient  to 
raise  the  annual  interest  on  any  outstanding  bonds  of  such  district  and  for  any  year 
in  which  any  bonds  shall  fall  due,  must  increase  such  assessment  to  an  amount  suffi- 
cient to  raise  a  sum  sufficient  to  pay  the  principal  of  the  outstanding  bonds  as  they 
mature,  also,  sufficient  to  pay  in  full  all  sums  due  or  that  shall  become  due  from  the 
district  before  the  time  for  levying  the  next  annual  assessment,  also,  sufficient  to  pay  in 
full,  the  amount  of  any  other  contract  or  obligation  of  the  district  due  or  to  become  due 
within  the  succeeding  twelve  months  and  such  further  sum  as,  with  the  other  revenue 
of  the  district,  will  meet  the  estimated  current  expenses  of  the  district  including  cost 
of  flood  prevention  for  the  succeeding  twelve  months. 

How  governed. 

§  5.  Except  as  herein  provided,  every  such  irrigation  district  shall  be  governed  by 
the  provisions  of  an  act  of  the  legislature  of  the  state  of  California,  entitled,  "An  act 
to  provide  for  the  organization  and  government  of  irrigation  districts  and  to  provide 
for  the  acquisition  or  construction  thereby  of  works  for  the  irrigation  of  lands  embraced 
within  such  districts,  and  also  to  provide  for  the  distribution  of  water  for  irrigation 
purposes,"  approved  March  31,  1897,  and  the  acts  amendatory  thereof. 

Urgency. 

§  6.  This  act  is  hereby  declared  to  be  an  urgency  measure,  within  the  meaning  of 
section  1,  article  IV  of  the  constitution  of  the  state  of  California,  and  shall  take  effect 
immediately. 

The  facts  constituting  such  urgency  are  as  follows:  One  irrigation  district  which 
will  be  affected  and  governed  by  the  provisions  of  this  act,  and  which  contains  a  popu- 
lation of  over  thirty  thousand  people,  is  in  serious  danger  of  loss  of  life,  and  of  a  vast 
amount  of  property,  by  reason  of  threatened  overflow  of  the  Colorado  river.  There  is 
no  other  public  body  authorized  to  make  the  expenditures  necessary  to  secure  protec- 
tion from  such  threatened  overflow  and  the  protective  work  necessary  in  order  to  be 
effective,  must  be  commenced  before  this  act  would  take  effect  without  the  enactment 
of  this  section.  It  is  therefore  necessary  for  the  immediate  preservation  of  public 
safety,  that  this  act  take  effect  immediately. 


Gen.  Laws — SI 


Act  2266b,  81  GENERAL  LAWS.  1282 

"THE  CALIFORNIA  lERIGATIOX  ACT." 
ACT  2266b — An  act  to  be  known  as  "the  California  irrigation  act"  providing  for 
co-operation  between  the  state  of  California  and  the  United  States,  and  independent 
proceedings,  in  the  storage  and  diversion  of  water,  the  distribution  thereof  for  irri- 
gation and  other  beneficial  uses  and  purposes,  the  generation  and  manufacture  of 
electric  power;  creating  an  irrigation  board,  and  providing  for  the  formation  of  irri- 
gation districts  and  conservation  districts,  and  the  conversion  of  irrigation  districts, 
reclamation  districts,  drainage  districts  and  other  political  subdivisions  of  the  state 
organized  for  the  purpose  of  promoting  irrigation,  reclamation  and  drainage,  into 
irrigation  districts  under  this  act;  and  empowering  said  irrigation  board  to  make  and 
approve  contracts  and  agreements,  to  construct  reservoirs  and  other  works,  divert, 
distribute  and  sell  water  and  lease  and  sell  water  rights,  and  generate,  lease  and  sell 
electric  power,  to  apportion  to  the  constituent  units  of  conservation  districts  the 
water  and  electric  power  to  be  produced  and  generated  by  conservation  district 
works,  to  levy  assessments,  and  issue  bonds  of  irrigation  districts  and  conservation 
districts;  providing  for  the  management,  control  and  supervision  of  such  irriga- 
tion districts  and  conservation  districts  and  of  the  works  constructed  pursuant  to 
this  act;  directing  the  state  department  of  engineering  relative  to  such  works;  and 
generally  providing  a  policy  relating  to  the  storage,  diversion  and  use  of  water  and 
the  manufacture  or  generation  of  electric  power,  and  adopting  a  plan  for  providing 
revenues  therefor;  and  repealing  the  California  irrigation  act  approved  June  4,  1915, 
and  chapter  646  of  the  statutes  of  1917,  approved  May  28,  1917,  amendatory  thereof. 

History:  Approved  May  16,  1919.  In  effect  July  22,  1919.  Stats, 
1919,  p.  671.  Prior  act  of  June  4,  1915.  In  effect  August  8,  1915. 
Stats.  1915,  p.  1173.  Amended  May  28,  1917.  In  effect  July  27,  1917. 
Stats.  1917,  p.  1068,  repealed  by  the  present  act.  The  amending  act 
of  1917  amended  the  title  of  the  act  of  1915,  and  all  sections  of  the 
act  except  15a,  as  to  which  no  mention  was  made. 

lEEIGATION  BOAED. 
Irrigation  board  created.    Office.    Officers.    Compensation.  Amounts  paid  by  conserva- 
tion districts. 

$1.  There  is  created  a  board  to  be  known  as  the  "irrigation  board,"  which  shall 
consist  of  three  members,  and  shall  constitute  a  body  corporate  and  politic  for  the 
purpose  of  exercising  the  powers  and  performing  the  acts  herein  mentioned,  and  which 
shall  have  the  power  to  sue  and  to  be  sued.  Within  thirty  days  of  the  date  upon  which 
this  act  takes  effect  the  governor  shall  appoint  the  members  of  said  board  and  the  mem- 
bers so  appointed  shall  serv^e  for  four  years  and  until  their  successors  have  been 
appointed;  provided,  that  the  members  of  said  board  heretofore  appointed  under  the 
California  irrigation  act  approved  June  4,  1915,  shall  serve  out  the  terms  for  which 
they  were  appointed.  Their  successors  shall  be  appointed,  and  all  vacancies  shall  be 
filled  by  appointment  in  like  manner.  The  office  of  the  irrigation  board  shall  be  at  the 
city  of  Sacramento;  a  branch  office  may  be  maintained  in  the  city  and  county  of  San 
Francisco. 

The  irrigation  board  shall  elect  one  of  its  members  as  president,  and  shall  employ  a 
secretary  and  such  attorneys,  engineers,  superintendents,  inspectors  and  other  assist- 
ants as  it  may  require,  and  shall  fix  the  terms  of  their  employment  and  compensation. 
Each  member  of  the  irrigation  board  shall  receive  as  compensation  the  sum  of  ten  dol- 
lars per  day  for  each  day  employed  by  such  member  in  the  performance  of  duties  under 
this  act,  and  shall  receive  actual  traveling  expenses  while  engaged  in  such  duties.  All 
such  salaries,  compensation  and  expenses  shall  be  payable  out  of  any  funds  under  the 
control  of  the  irrigation  board  applicable  to  such  paj'ments.  Where  a  conserva- 
tion district  has  been  formed,  as  hereinafter  provided,  the  irrigation  board  shall 
apportion    and    certify    to    each    district    therein    or    component    unit    thereof,    and 


I 


1283  IRRIGATION  AND  IRRIGATION  DISTRICTS.  Act  2266b,  §g  2-4 

to  each  private  corporation,  mutual  ditch  company  and  mutual  water  company 
admitted  to  the  benefits  of  such  conservation  district,  an  amount  for  its  share  of  the 
general  cost  and  expense  of  the  maintenance  and  operation  of  the  irrigation  board  in 
connection  with  such  district,  or  component  unit,  or  private  corporation  or  mutual 
ditch  company,  or  mutual  water  company,  for  the  ensuing  or  previous  year,  and  also 
such  additional  amounts  as  are  necessary  for  the  purpose  of  defraying  the  cost  of  all 
administrative,  engineering  and  other  legal  expenses  necessary  for  laying  out  the  plans 
therefor,  and  such  amounts  shall  be  paid  by  each  of  such  districts,  or  component  units, 
to  the  state  treasurer,  and  shall  be  deposited  in  a  fund  to  be  held  and  paid  out  for  the 
account  of  said  conservation  district  in  the  same  manner  as  hereinafter  provided  for  the 
funds  of  said  consei'vation  district. 

Interest  of  state  in  water  storage  paramount. 

$  2.  It  is  hereby  declared  that  the  state  of  California  has  a  paramount  interest  in 
the  storage  and  diversion  of  water,  the  irrigation  of  land  and  the  production  of  electric 
power;  that  such  storage,  irrigation  and  production  of  electric  power  will  make  pro- 
ductive vast  quantities  of  land  that  are  comparatively  unproductive  and  will 
increase  production,  property  valuations  and  population  in  the  state,  make  profit- 
able the  cultivation  of  small  tracts  and  promote  subdivision  of  larger  tracts,  and 
will  promote  the  M'elfare  and  prosperity  of  all  the  people.  The  powers  herein  con- 
ferred upon  the  irrigation  board  are  hereby  declared  to  be  police  and  regulatory  powers 
and  are  necessary  to  the  accomplishment  of  a  purpose  that  is  indispensable  to  the  pub- 
lic interests. 

Powers  of  irrigation  board. 

§  3.  The  irrigation  board  shall  have  power  to  make,  or  cause  to  be  made,  examina- 
tions and  surveys,  to  make  or  adopt  plans,  and  estimate,  or  cause  to  be  estimated,  the 
cost  of  all  projects  for  the  storage  or  diversion  of  water  within  the  state  of  California, 
the  distribution  of  said  water,  and  the  generation  of  electric  power  in  connection  with 
such  storage,  and  the  sale  and  distribution  of  such  power,  and  to  make  and  enter  into 
contracts  for  the  construction  and  maintenance  of  works  for  such  projects  and  the 
supervision  and  administration  thereof.  The  irrigation  board  shall  also  have  power  to 
confer  and  make  agreements  with  any  authorized  department,  board  or  oflicer  of  the 
United  States  government,  or  with  any  irrigation  district,  reclamation  district,  or 
drainage  district,  or  other  political  subdivision  of  the  state  organized  to  promote  irri- 
gation, reclamation  or  drainage,  or  with  any  water,  power,  irrigation  or  other  company, 
or  corporation,  or  association,  or  person,  or  persons,  with  reference  to  such  projects 
and  concerning  examinatioijs,  surveys,  works  and  plans  in  connection  therewith.  Any 
plan  finally  approved  by  the  irrigation  board  (and  when  in  any  case  the  approval  of 
any  authorized  department,  board  or  officer  of  the  United  States  government  is  neces- 
sary, it  is  also  approved  by  such  authorized  department,  board  or  officer)  shall  be  the 
official  plan  approved  by  the  state  of  California  and  authorized  by  it  for  the  project 
involved  therein,  but  such  plan  raaj'  be  modified  or  changed  from  time  to  time  thereafter 
in  like  manner  as  originally  adopted  or  approved. 

State  engineering  department  to  make  surveys. 

$  4.  The  state  department  of  engineering,  or  such  engineer  or  engineers  as  may  be 
appointed  by  the  irrigation  board,  shall  make  such  surveys,  examinations,  reports, 
plans  and  estimates  as  may  be  required  by  the  board,  either  with  or  without  the 
co-operation  of  the  United  States  or  any  department  thereof,  whenever  said  board  has 
under  its  control  money  available  with  which  to  pay  the  expenses  in  connection  there- 
with. All  such  work  and  all  supervision  of  construction  shall  be  performed  under  such 
contracts  and  regulations  as  may  be  made  or  approved  by  the  irrigation  board  or  agreed 
upon  between  said  board  and  the  United  States. 


Act  2266b,  §S  GBNERAL   LAWS.  1284 

FORMATION  OF  DISTRICT. 
Petition  to  organize  irrigation  district. 

$  5.  Whenever  the  holders  of  title,  or  evidence  of  title,  or  of  possessory  rights 
to  lands  entered  under  the  laws  of  the  United  States,  or  of  the  state  of  Califor- 
nia, representing  one-half  or  more  of  any  body  of  land  susceptible  of  irrigation  (ex- 
cepting lands  embraced  within  the  limits  of  incorporated  cities  or  towns)  desire  to 
form  an  irrigation  district  under  the  provisions  of  this  act,  for  the  irrigation  of 
said  land,  they  may  present  to  the  in-igation  board  a  petition  signed  by  them, 
or  their  authorized  agents,  which  petition  shall  set  forth  generally  the  boundaries  of 
the  proposed  district,  a  description  of  the  lands  by  legal  subdivisions  or  other  bound- 
aries, the  county  in  which  they  are  situated,  the  number  of  acres  in  the  proposed 
district,  and  in  each  tract  with  the  names  (if  known)  of  the  owners  thereof,  and  desig- 
nating as  unsold  any  lands  not  reduced  to  private  ownership;  and  also  shall  state  gen- 
erally the  source  or  sources  from  which  said  lands  are  proposed  to  be  irrigated,  and 
the  proposed  name  of  the  district,  and  shall  pray  that  the  territory  within  the  bound- 
aries of  the  proposed  district  may  be  organized  as  an  irrigation  district  under  the 
provisions  of  this  act.  The  petition  may  consist  of  any  number  of  separate  instruments; 
and  guardians,  executors,  administrators  or  other  persons  holding  property  in  a  trust 
capacity  under  appointment  of  court  may  sign  any  petition  provided  for  in  this  act, 
when  authorized  by  an  order  of  court,  which  order  may  be  made  without  notice.  A 
certificate  of  aeknowledgment  taken  before  a  notary  public  or  justice  of  the  peace  of 
any  state,  or  an  affidavit  by  any  person  in  the  presence  of  whom  such  petition  was 
signed,  shall  be  sufficient  evidence  of  the  genuineness  of  such  signature,  and  of  the  fact 
of  residence  of  any  petitioner  and  any  fact  going  to  the  qualifications  of  any  petitioner 
under  this  act. 

Defects  in  petition. 

No  defect  in  the  contents  of  the  petition  or  in  the  title  to  or  form  of  the  notice  or 
signatures,  or  the  lack  of  signatures  shall  vitiate  any  proceedings  thereon;  provided, 
such  petition  or  petitions  have  a  sufficient  number  of  qualified  signatures  attached 
thereto. 

Evidence  of  title. 

The  certificate  of  the  county  assessor  of  the  county  wherein  the  lands  described  in 
the  petition  are  situated  that  the  titles  and  possessory  rights  of  the  respective  signers 
thereto  are  as  appear  on  the  county  assessment  roll  or  rolls  last  equalized  at  the  time 
of  filing  the  petition,  or  of  the  register  of  the  United  States  land  office  of  the  district 
in  which  said  lands  are  situated,  or  of  the  surveyor  general  of  the  state  of  California, 
shall  be  sufficient  evidence  of  the  title  or  possessory  right  of  any  signer  hereto,  and 
where  as  to  any  tract  the  assessor  is  unable  to  make  such  certificate  for  the  reason  that 
it  is  assessed  to  an  unknown  owner  or  the  assessment  roll  does  not  purport  to  give  the 
true  name  or  gives  the  names  of  a  portion  only  of  the  owners,  the  actual  owners  of 
such  property  shall  be  considered  the  owners  for  all  the  purposes  of  this  act  and  own- 
ers of  undivided  interests  may  sign  for  such  interest. 

Hearing.    Notice  of  hearing. 

The  petition  must  be  verified  by  the  affidavit  of  one  of  the  petitioners,  and  shall  be 
filed  with  the  irrigation  board.  Upon  the  receipt  of  such  petition  the  irrigation  board, 
or  such  person  as  said  board  may  authorize  to  act  in  such  cases,  shall  designate  a  time 
and  place  for  the  hearing  of  said  petition,  which  date  shall  be  not  less  than  twenty 
days  nor  more  than  thirty  days  from  the  date  of  the  filing  of  the  petition  with  the 
board.  The  secretary  of  the  irrigation  board  shall  cause  notice  of  said  hearing  to  be 
published  at  least  once  a  week  for  two  successive  weeks,  prior  to  the  time  of  said 


i 


12SS  IRRIGATION  AND  IRRIGATION  DISTRICTS.  Act  2266b 

hearing,  in  a  newspaper  of  general  circulation  printed  and  published  in  each  of  the 
counties  in  which  anj'  of  the  lands  intended  to  be  embraced  within  such  proposed  irri- 
gation district  are  situated.  Such  notice  shall  designate  the  time  and  place  when  and 
where  said  petition  will  be  heard,  and  shall  set  forth  the  exterior  boundaries  of  said 
proposed  district. 

Objections  to  creation  of  district.      Order  creating  district.    Copy  of  order  with  map 

to  be  filed.    Approval  of  state  engineer. 

At  the  time  and  place  designated  in  said  notice  any  person  owning  land  within  the 
said  proposed  irrigation  district,  may  appear  and  present  written  objections  to  the 
creation  of  such  district.  The  irrigation  board  shall  hear  and  receive  such  evidence  as 
maj^  be  offered  in  support  of  the  petition  and  in  support  of  said  written  objections. 
The  irrigation  board  may  continue  said  hearing  from  time  to  time,  by  order  entered 
upon  its  minutes,  to  the  end  that  a  full  hearing  may  be  had.  Upon  the  final  hearing 
of  said  matter,  the  irrigation  board  shall  make  an  order  approving  said  petition  as 
originally  presented,  or  as  modified  by  such  order,  excluding  from  the  district  such 
lands  as  in  the  judgment  of  the  irrigation  board  should  be  excluded,  and  upon  the  filing 
of  such  order  with  the  irrigation  board  such  irrigation  district  shall  be  deemed  to  be 
created.  Upon  application  by  any  person  whose  lands  are  susceptible  of  irrigation 
from  any  of  the  proposed  sources,  the  irrigation  board,  in  its  discretion,  may  order  such 
lands  included  within  said  proposed  district.  The  order  shall  describe  the  exterior 
boundaries  of  the  district,  as  determined  by  the  irrigation  board,  and  also  the  exterior 
boundaries  of  any  lands  excluded  therefrom,  and  shall  be  indorsed  upon  or  attached  to 
the  petition,  and  be  signed  by  the  president  and  attested  by  the  secretary  of  the  irri- 
gation board.  A  copy  of  the  order  creating  such  irrigation  district,  certified  by  such 
secretary,  shall  be  filed  in  the  ofiice  of  the  secretary  of  state,  and  a  similarly  certified 
copy  of  such  order,  together  with  a  map  showing  the  exterior  boundaries  of  the  dis- 
trict, and  indicating  the  lands  excluded  therefrom,  shall  be  filed  in  the  office  of  the 
county  recorder  of  each  of  the  counties  in  which  anj'^  of  the  lands  within  the  said  district 
are  situated,  and  a  properly  certified  copy  of  such  order,  together  with  the  maps 
attached  thereto,  shall  be  received  in  all  of  the  courts  of  this  state  as  prima  facie 
evidence  of  the  organization  of  such  district  and  of  the  boundaries  thereof.  Before  the 
irrigation  board  makes  such  order,  it  may  require  that  the  project  and  proposed  works 
be  approved  by  the  state  engineer,  or  by  such  engineer  or  engineers  as  shall  be  desig- 
nated by  the  irrigation  board. 

Board  of  directors.    Proceeding  to  determine  legality  of  district. 

Each  irrigation  district  created  under  the  provisions  of  this  act  shall  have  a  board  of 
directors  composed  of  owners  of  land  within  the  district,  elected  by  the  owners  of  land 
in  such  district  in  the  manner  provided  for  the  election  of  trustees  of  reclamation  dis- 
tricts in  section  three  thousand  four  hundred  ninety-one  of  the  Political  Code  of  the 
state  of  California,  except  that  such  elections  shall  be  called  by  and  returns  thereof 
made  to  the  board  of  supervisors  of  the  county  in  which  the  greater  portion  of  the  lands 
of  the  district  are  situated.  Each  such  district  shall  have  a  board  consisting  of  five 
directors;  provided,  that  if  so  requested  in  the  petition  for  the  formation  of  said  dis- 
trict, the  irrigation  board  may  order  that  there  shall  be  only  three  directors.  After  the 
approval  of  the  petition  and  the  election  of  directors  for  the  district,  the  directors  shall 
adopt  rules,  not  inconsistent  with  the  laws  of  the  state,  for  tlie  government  and  control 
of  the  affairs  of  the  district,  which  rules  may  be  amended  at  any  time  by  said  board  of 
directors. 

The  board  of  directors  of  any  irrigation  district  created  under  this  act  may  com- 
mence a  proceeding  in  the  superior  court  of  any  county,  wherein  a  portion  of  the  dis- 
trict is  situated,  to  determine  the  legality  of  the  existence  of  said  district.     The  com- 


Act  2266b,  g§  6, 6a  GENERAL.   LAWS.  1286 

plaint  in  said  proceeding  shall  describe  the  district  by  name  and  the  exterior  boundaries 
thereof,  and  shall  contain  a  prayer  that  such  district  be  adjudged  a  legal  in-igation  dis- 
trict. The  summons  in  such  proceeding  shall  be  served  by  publishing  a  copy  thereof 
once  a  week  for  four  successive  weeks  in  a  newspaper  of  general  circulation  published 
in  eaeli  county  where  any  part  of  such  district  is  situated.  Within  thirty  days  after 
the  last  publication  of  said  summons,  any  person  who  may  be  interested  may  appear 
and  answer  said  complaint,  in  which  answer  the  facts  relied  upon  to  show  the  invalidity 
of  the  district  shall  be  set  forth.  If  no  answer  shall  be  filed,  the  court  must  render 
judgment  as  prayed  for  in  the  complaint.  If  any  answer  shall  be  filed  within  said 
period,  the  court  shall  thereafter  proceed  as  in  other  civil  cases,  but  no  district  shall 
be  adjudged  invalid  when  it  appears  that  such  district  has,  for  five  years  prior  to  the 
commencement  of  such  proceeding,  been  performing  its  functions  as  an  irrigation  dis- 
trict under  this  act  in  good  faith.  The  proceeding  under  this  section  is  hereby  declared 
to  be  a  proceeding  in  rem,  and  the  judgment  rendered  therein  shall  be  conclusive 
against  all  persons  whomsoever  and  against  the  state  of  California. 

Converting  districts  into  irrigation  districts.    Hearing.    Order  of  irrigation  boaxd. 

$  6.  Any  irrigation  district  formed  under  the  provisions  of  any  other  law  or  statute 
of  this  state,  and  any  reclamation  district  or  drainage  district  (excluding  from  any 
such  district  the  area  embraced  within  the  limits  of  any  incorporated  city  or  town) 
susceptible  of  in'igation  from  any  project  adopted  or  approved  by  the  irrigation  board, 
may  become  an  irrigation  district  under  the  provisions  of  this  act  upon  presenting  to 
the  irrigation  board  a  consent  thereto  signed  bj'  the  holders  of  title,  or  evidence  of 
title,  of  more  than  half  of  the  lands  embraced  in  said  district  (excepting  lands  within 
incorporated  cities  or  towns).  Upon  the  filing  of  such  consent,  the  irrigation  boaxd 
shall  fix  a  date  for  a  hearing  of  the  matter  involved  in  such  consent.  The  secretary  of 
the  irrigation  board  shall  publish  a  notice  of  such  hearing  once  a  week  for  four  suc- 
cessive weeks  preceding  the  date  fixed  therefor  in  a  newspaper  of  general  circulation 
published  in  each  of  the  counties  in  which  any  portion  of  said  district  is  situated.  At 
the  time  and  place  designated  in  said  notice  the  irrigation  board  shall  hear  and  receive 
such  evidence  as  may  be  offered  in  support  of  the  proposal  to  convert  such  district  into 
an  irrigation  district  under  the  provisions  of  this  act  and  in  support  of  any  written 
objection  thereto  filed  with  the  irrigation  board.  The  irrigation  board  may  continue 
said  hearing  from  time  to  time,  by  order  entered  upon  its  minutes,  to  the  end  that  a 
full  hearing  may  be  had.  Upon  the  final  hearing  of  said  matter,  the  irrigation  board 
shall  make  its  order,  providing  that  said  district  (excluding  therefrom  the  territory 
embraced  in  incorporated  cities  or  towns)  shall  thereafter  be  an  irrigation  district 
subject  to  all  of  the  provisions  of  this  act,  or,  in  its  discretion,  said  irrigation  board 
may  decline  to  make  such  order.  If  the  irrigation  board  shall  make  an  order  convert- 
ing such  district  into  an  irrigation  district,  all  of  the  lands  therein  (except  lands  lying 
within  the  boundaries  of  incorporated  cities  or  towns),  shall  become,  and  shall  there- 
after be,  subject  to  all  of  the  provisions  of  this  act. 

BOARD  OF  DIEECTORS. 
Powers  of  board  of  directors.    Action  nullified  by  irrigation  board.    Compensation. 

§  6a.  The  board  of  directors  of  an  irrigation  district  created  under  this  act  shall 
have  power  to  elect  one  of  its  members  president  thereof;  and,  subject  to  the  approval 
of  the  irrigation  board,  to  employ  engineers  and  others  to  survey,  plan,  locate  and  esti- 
mate the  cost  of  the  works  necessary  for  the  improvement  of  the  lands  of  the  district 
by  irrigation,  reclamation  and  drainage  and  thereafter  subject  to  the  approval  of  the 
irrigation  board,  to  modify  or  change  such  original  plan  or  plans,  or  adopt  new  supple- 
mental or  additional  plan  or  plans;  to  acquire  by  purchase,  condemnation  or  other  legal 
means,  necessary  property  and  rights  of  way,  and  the  right  to  take  material  for  the  con- 


k 


12S7  IRRIGATION  AND  IRRIGATION  DISTRICTS.  Act  2266b.  g  6b 

struction  of  all  necessary  works,  including  dams,  canals,  drains,  sluices,  bulkheads,  water 
gates,  embankments,  levees  and  pumping  plants,  and  to  construct,  maintain  and  keep  in 
repair  all  works  requisite  and  necessary  to  that  end,  and  to  do  all  other  acts  and  things 
necessary  or  required  for  the  irrigation,  reclamation  and  drainage  of  the  lands  embraced 
in  the  district,  and  to  carry  out  the  purposes  of  this  act.  All  of  the  acts  and  proceed- 
ings of  such  board  of  directors,  however,  shall  be  recorded  in  the  minutes  of  said  board, 
and  copies  thereof,  certified  by  the  secretary  of  said  board  as  recorded,  shall,  within 
ten  days  after  the  passage  or  adoption  of  the  same,  be  filed  with  the  secretary  of  the 
irrigation  board,  and  the  irrigation  board,  within  twenty  days  after  such  filing  may,  by 
order  filed  with  its  secretary,  reject  and  nullify  the  action  of  the  board  of  dii'ectors  of 
such  irrigation  district,  and  upon  the  filing  of  a  certified  copy  of  such  order  of  rejection 
or  nullification  with  the  secretary  of  such  irrigation  district,  the  said  order  of  said 
irrigation  district  board  shall  be  invalid  and  unenforcible  for  any  purpose;  but  if  such 
action  of  such  irrigation  district  board  shall  not  be  so  rejected  or  nullified  within  the 
period  above  provided,  the  same  shall  be  and  remain  in  full  force  and  effect.  The  irri- 
gation board  may  confirm  and  ratify  any  action  of  said  irrigation  district  board  at  any 
time,  and  upon  such  confirmation  and  ratification  such  act  or  order  of  said  irrigation 
district  board  shall  be  valid  and  effective  for  all  purposes.  The  several  members  of 
the  board  of  directors  shall  each  be  entitled  to  receive  for  actual  and  necessary  services 
performed  and  for  expenses  incurred  by  them,  respectively,  for  and  in  the  interest  of 
the  district,  such  compensation  as  the  irrigation  board  may  determine  to  be  just  and 
reasonable,  which  shall  constitute  an  indebtedness  of  the  district,  to  be  paid  in  the 
same  manner  and  out  of  the  same  fund  as  other  debts  of  the  district;  provided,  that 
no  warrant' or  order  drawn  for  such  purpose  shall  be  valid  until  approved  by  the  irriga- 
tion board. 

CONSEEVATION  DISTRICTS. 
Conservation  districts.    Rights  of  private  corporations,  etc.,  to  share  benefits. 

$  6b.  The  irrigation  board  shall  have  power  to  consolidate  into  single  districts  in  the 
manner  and  for  the  purposes  provided  in  this  act,  irrigation  districts,  reclamation  dis- 
tricts, drainage  districts  and  other  political  subdivisions  of  the  state  organized  to  pro- 
mote irrigation,  reclamation  or  drainage,  which  consolidated  districts  shall  be  known, 
and  are  herein  referred  to,  as  conservation  districts;  and,  the  purpose  of  the  formation 
of  such  districts  being  primarilj'  to  provide  for  and  promote  the  irrigation  of  the  lands 
therein  and  in  connection  therewith  and  incidental  thereto  the  reclamation  and  drainage 
of  such  lands,  the  legislature  hereby  expressly  declares  that  every  such  conservation 
district,  formd  as  herein  provided,  is  and  shall  be  an  irrigation  district  within  the 
meaning  of  section  thirteen  of  article  eleven  of  the  constitution  of  the  state  of  Cali- 
fornia, and  within  the  meaning  of  every  other  provision  of  said  constitution  relating  to 
irrigation  districts.  Such  conservation  districts  shall  be  composed  of  two  or  more  units 
all  or  any  of  which  units  may  be  irrigation  districts,  formed  under  the  provisions  of 
this  or  any  other  act  or  statute  of  this  state,  reclamation  districts,  drainage  districts,  or 
other  political  districts  of  the  state  organized  to  promote  irrigation,  reclamation  or 
drainage,  now  or  hereafter  to  be  formed.  The  territory  embraced  within  such  units 
need  not  be  contiguous  in  order  to  be  embraced  within  the  same  conservation  district, 
provided  all  or  a  portion  of  the  territory  embraced  within  said  respective  units  is  sus- 
ceptible of  irrigation  from  the  works  proposed  to  be  constructed  by  said  conservation 
district.  Any  private  corporation  engaged  in  the  distribution  of  water  to  the  public, 
for  irrigation  or  other  beneficial  uses,  or  in  the  generation  of  hydroelectric  power  for 
sale  to  the  public,  and  any  mutual  ditch  company  or  mutual  water  company  organized 
for  the  purpose  of  distributing  water  to  the  members  or  stockholders  thereof,  which 
private  corporation,  mutual  ditch  company  or  mutual  water  company  is  receiving  or 
entitled  to  receive  water  from  the  same  stream  or  streams  for  the  storage  or  diversion 


Act  ::2«Gb  GENEIRAL,   LAWS.  12S8 

of  whose  waters  it  is  proposed  to  construct  the  works  of  said  conservation  district,  shall 
have  the  right,  upon  payment  of  its  proportion  of  the  cost  of  constructing,  operating 
and  maintaining  such  works,  to  share  in  all  the  benefits  resulting  from  such  construc- 
tion, operation  and  maintenance,  including  its  proportionate  share  of  the  water  to  be 
conserved  thereby  and  the  power  to  be  generated  and  produced  in  connection  therewith; 
provided,  that  nothing  herein  contained  shall  be  deemed  to  confer  upon  said  irrigation 
board,  or  upon  any  conservation  district  formed  under  the  provisions  of  this  act,  the 
right  to  impair,  or  deprive  any  person,  firm  or  corporation  of  any  vested  right  in  or  to 
the  waters  of  any  stream  or  streams  proposed  to  be  stored  or  diverted  by  said  conserva- 
tion district,  without  due  process  of  law. 

Petition.    Notice.    Hearing. 

Upon  presentation  to  it  of  a  petition  signed  by  the  respective  governing  boards  of 
two  or  more  of  said  units  praying  for  the  formation  of  a  conservation  district,  the 
irrigation  board  shall  fiix  a  time  and  place  for  the  hearing  of  such  petition.  The  secre- 
tary of  the  irrigation  board  shall  cause  notice  of  said  hearing  to  be  given  by  publication 
once  a  week  for  four  successive  weeks  in  a  newspaper  of  general  circulation  published 
in  each  county  wherein  any  part  of  said  petitioning  districts  are  situated,  and  also  by 
mailing  a  written  notice  of  such  hearing  to  the  governing  boards  of  such  other  districts 
or  political  subdivisions  of  the  state  and  to  such  private  corporations,  mutual  ditch  com- 
panies and  mutual  water  companies  as  may  be  designated  by  the  irrigation  board.  At 
the  time  fixed  by  the  irrigation  board  for  such  hearing,  or  at  such  other  time  to  which 
the  hearing  may  be  adjourned,  the  irrigation  board  shall  hear  and  receive  evidence  in 
support  of  any  objections  which  may  be  filed  in  opposition  thereto,  and  shall  also 
receive  applications  from  other  districts  to  become  a  part  of  such  conservation  district 
and  from  private  corporations,  mutual  ditch  companies  or  mutual  water  companies  to 
participate  in  the  benefits  of  such  consei'vation  district.  If  there  shall  be  presented  at 
such  hearing  a  written  objection  or  objections  signed  by  the  owners  of  more  than  one- 
half  of  the  lands  in  any  such  unit  district  the  signing  of  such  petition  by  the  govern- 
ing board  of  such  unit  district  shall  be  deemed  to  be  nullified  and  the  irrigation  board 
shall  have  no  power  to  include  such  unit  district  within  the  proposed  conservation 
district. 

Territory  included.    Order  creating  district.    Petition  of  district  to  be  included. 

The  irrigation  board  shall  include  as  a  part  of  such  conservation  district  the  terri- 
tory embraced  within  any  district  unit  applying  to  be  made  part  of  the  conservation 
district,  which  applying  district  shall  be  lawfullj'  receiving  or  entitled  to  receive  water 
from  the  same  stream  or  streams  whose  waters  are  proposed  to  be  stored  or  diverted 
by  such  conservation  district,  and  shall  admit  to  beneficial  participation  in  said  con- 
servation district  such  private  corporations,  mutual  ditch  companies  or  mutual  water 
companies  likewise  lawfully  receiving  or  entitled  to  receive  water  and  applying  to  the 
irrigation  board  to  be  admitted  to  such  participation.  The  application  of  any  unit  dis- 
trict or  private  corporation,  mutual  ditch  company  or  mutual  water  company,  not  so 
lawfully  receiving  or  entitled  to  receive  water,  to  be  included  as  a  part  of  said  con- 
serv'ation  district  or  to  be  permitted  to  share  in  the  benefits  thereof,  may  be  approved 
or  rejected  by  the  irrigation  board  in  its  discretion.  Upon  the  final  hearing  of  said 
matter,  the  irrigation  board  shall  make  an  order  approving  said  petition,  as  originally 
presented,  or  as  modified  by  such  order.  Such  order  shall  describe  said  conservation 
district  by  exterior  boundaries  when  the  lands  therein  lie  in  one  body,  or  by  naming  the 
unit  districts  embraced  therein  when  said  lands  do  not  lie  in  one  body,  and  shall  also 
designate  the  private  corporations,  mutual  ditch  companies  or  mutual  water  companies, 
entitled  to  participate  in  the  benefits  of  the  works  proposed  to  be  constructed  by  said 
conservation  district.    Ui^on  the  filing  of  such  order  with  the  irrigation  board  such  con- 


I 


12S9  »  IRRIGATION  AND  IRRIGATION  DISTRICTS.  Act  226eb 

servation  district  shall  be  deemed  to  be  created.  A  certified  copy  of  the  order  creating 
such  conservation  district  shall  be  filed  in  the  office  of  the  secretary  of  state,  and  a  cer- 
tified copy  thereof,  together  with  a  map  showing  the  boundaries  of  the  district,  shall 
be  filed  in  the  oflBce  of  the  county  recorder  of  each  of  the  counties  in  which  any  of  the 
lands  within  the  said  district  are  situated.  A  properly  certified  copy  of  such  order, 
together  with  the  map  attached  thereto,  shall  be  received  in  all  the  courts  of  this  state 
as  prima  facie  evidence  of  the  organization  of  such  district  in  compliance  with  the 
provisions  of  this  act,  and  of  the  boundaries  thereof. 

Petition  of  private  corporation,  etc.    Hearing. 

After  the  formation  of  a  conservation  district  as  herein  provided,  any  irrigation  dis- 
trict, reclamation  district,  drainage  district,  or  other  political  subdivision  of  the  state 
organized  to  promote  irrigation,  reclamation  or  drainage,  theretofore  existing  and  which 
was  entitled  to  become  a  part  of  and  unit  in  such  conservation  district  at  the  time  of 
its  formation,  and  any  such  district  or  political  subdivision  of  the  state  thereafter 
formed,  any  portion  of  the  lands  in  which  are  receiving  or  entitled  to  receive  water 
from  the  same  stream  or  streams  for  the  storage  or  diversion  of  whose  waters  said  con- 
servation district  was  formed,  may,  at  any  time  prior  to  the  making  by  the  irrigation 
board  of  the  order  approving  the  apportionment  as  provided  in  section  ten  of  this  act, 
but  not  thereafter,  file  with  the  irrigation  board  a  petition  to  be  made  a  part  of  and 
unit  in  such  conservation  district.  And  any  private  corporation,  mutual  ditch  company 
or  mutual  water  company  existing  at  the  time  of  the  formation  of  such  conservation 
siistrict,  and  at  that  time  entitled  to  be  admitted  to  participation  in  the  benefits  result- 
ing from  the  construction  of  the  works  of  such  conservation  district  and  any  such  pri- 
vate corporation,  mutual  water  company  or  mutual  ditch  company  thereafter  organized 
and  receiving  or  entitled  to  receive  water  from  such  stream  or  streams,  may,  at  any 
time  prior  to  the  making  by  the  irrigation  board  of  the  order  approving  the  apportion- 
ment as  provided  in  section  ten  of  this  act,  but  not  thereafter,  file  with  the  irrigation 
board  a  petition  to  be  admitted  to  such  participation. 

Upon  the  filing  of  any  such  petition,  within  the  time  hereinbefore  limited,  the  irri- 
gation board  shall  fix  a  time  and  place  for  the  hearing  thereof  and  give  such  notice  of 
said  hearing  and  cause  such  proceedings  to  be  had  and  taken  at  such  hearing  and  such 
order  to  be  made  and  filed,  and  certified  coi^ies  of  such  order  to  be  filed,  as  in  the  case 
of  a  hearing  upon  a  petition,  for  the  original  formation  of  a  conservation  district,  and 
the  right  of  such  petitioning  district  or  political  subdivision  to  become  a  part  of  and 
unit  in  such  conservation  district  or  of  such  private  corporation,  mutual  water  com- 
pany or  mutual  ditch  company  to  be  admitted  to  participation  in  the  benefits  resulting 
from  the  construction  of  the  works  thereof,  shall  be  determined  in  the  same  manner  as 
if  such  district  or  political  subdivision  or  private  corporation  or  mutual  water  company 
or  mutual  ditch  company  had  presented  its  petition  or  application  at  the  hearing  of  the 
petition  for  the  original  formation  of  such  conseirvation  district. 

Proceeding  to  determine  legality  of  district. 

The  irrigation  board,  or  the  governing  body  of  any  irrigation  district,  reclamation 
district,  drainage  district,  or  other  political  subdivision  of  the  state  organized  to  pro- 
mote irrigation,  reclamation  or  drainage,  constituting  a  unit  of  said  conservation 
district,  or  any  private  corporation,  or  mutual  water  company  or  mutual  ditch  company 
admitted  to  participation  in  the  benefits  of  such  conservation  district,  may  commence  a 
proceeding  in  the  superior  court  of  any  county  wherein  a  portion  of  said  conservation 
district  is  situated  to  determine  the  legality  of  the  existence  of  said  conservation  .dis- 
trict. The  complaint  in  said  proceeding  shall  describe  the  district  by  name,  and  the 
exterior  boundaries  thereof,  when  the  lands  therein  lie  in  one  body,  or  by  naming  the 
unit  districts  embraced  therein  when  said  lands  do  not  lie  in  one  body,  and  shall  contain 


Act  22«^b,  §§  7-10  GISNBRAL   LAWS.  «  1200 

ft  prayet  that  such  district  be  adjudged  a  legal  conservation  district.  The  summons  in 
such  proceed 'ng  shall  be  served  by  publishing  a  copy  thereof  once  a  week  for  four  suc- 
cessive weeks  in  a  newspaper  of  general  circulation  published  in  each  county  wherein 
any  part  of  such  district  is  situated.  Within  thirty  days  after  the  last  publication  of 
said  summons  any  person  who  may  be  interested  may  appear  and  answer  said  complaint 
in  which  answer  the  facts  relied  upon  to  show  the  invalidity  of  the  district  shall  be  set 
forth.  If  no  answer  shall  be  filed  the  court  must  render  judgment  as  prayed  for  in  the 
complaint.  Tf  any  answer  shall  be  filed  within  said  period  the  court  shall  thereafter 
proceed  as  in  other  civil  cases,  but  no  district  shall  be  adjudged  invalid  when  it  appears 
that  such  district  has,  for  five  years  prior  to  the  commencement  of  such  proceeding, 
been  performing  its  functions  as  a  conservation  district  in  good  faith.  The  proceeding 
under  this  section  is  hereby  declared  to  be  a  proceeding  in  rem  and  the  judgment  ren- 
dered therein  shall  be  conclusive  against  all  persons  whomsoever  and  against  the  state 
of  California. 

When  works  benefit  overflowed  land. 

$  7.  When  any  of  the  works  constructed  under  the  provisions  of  this  act  serve  the 
purpose  of  drainage,  flood  control  or  reclamation  of  swamp  and  overflowed  lands  within 
an  irrigation  or  conservation  district  formed  under  the  provisions  of  this  act,  the  irri- 
gation board  may  estimate  the  proportion  of  the  cost  of  said  construction,  which  may 
be  properly  charged  to  the  lands  benefited  by  such  drainage,  flood  control  or  reclama- 
tion, and  assessments  may  be  levied  in  the  manner  herein  provided  upon  the  lands  so 
benefited  for  the  purpose  of  paying  such  proportion  of  said  cost  of  construction,  to^ 
getlier  with  a  reasonable  portion  of  the  expenses  of  maintenance  and  repair  of  such 
works. 

RULES  AND  REGULATIONS. 
Rules  and  regulations. 

$  8.  The  in-igation  board  may  make  and  enforce  any  and  all  rules  and  regulations 
that  in  its  opinion  will  promote  the  objects  of  this  act,  and  may  perform  any  act  and 
exercise  any  power  necessary  to  the  accomplishment  of  the  purposes  herein  expressed 
and  full  power  is  hereby  conferred  in  the-  premises  whether  or  not  such  powers  are 
herein  specially  mentioned,  and  may  sue  and  be  sued  in  the  same  manner  and  with  the 
same  effect  as  a  municipal  corporation. 

Member  may  conduct  hearing. 

$  9.  For  the  puii^ose  of  performing  any  duty  under  this  act  the  irrigation  board 
may  appoint  one  of  its  members  to  conduct  any  hearing  or  investigation.  Such  mem- 
ber shall  make  a  written  report  of  his  proceedings  and  shall  state  the  evidence  intro- 
duced at  any  hearing  and  his  conclusions  thereotf.  Upon  such  report,  or  upon  such  fur- 
ther inquiry  as  the  irrigation  board  shall  deem  proper,  the  irrigation  board  may  pass 
upon  and  decide  any  question  under  consideration  at  said  hearing  or  investigation.  The 
decisions  of  the  irrigation  board  shall  be  final  except  as  to  questions,  the  determination 
of  which  are  vested  in  the  courts  by  this  act  or  by  the  constitution  of  this  state  or  by 
the  constitution  of  the  United  States. 

APPORTIONMENT  OF  WATER. 

Apportionment  of  water.    Lease  of  surplus  water.     Special  board  of  apportionment. 

Oath.    Notice.    Hearing. 

§  10.  Prior  to  making  any  assessment,  to  provide  funds  for  the  construction  or  pur- 
chase of  any  project  for  the  construction  or  purchase  of  which  any  conservation  dis- 
trict shall  have  been  formed,  there  shall  be  apportioned  as  hereinafter  provided,  to 
each  constituent  district  or  unit  under  such  project  the  proportion  to  which  it  is  entitled 
cf  all  water  stored  or  to  be  stored  or  diverted  or  to  be  diverted  b}-  such  project  for  the 


1201  IRRIGATION  AND  IRRIGATION  DISTRICTS.  Act  226eb 

irrigation  of  such  conservation  district,  and  of  all  power  to  be  developed  in  connection 
therewith,  which  proportion  of  such  water  and  power  shall  be  forever  applied  to  the 
purposes  of  said  constituent  district;  provided,  that  any  water  or  power  that  may  be 
so  apportioned  and  for  which  any  constituent  district  or  unit  has  not,  to  the  full  extent 
thereof,  a  beneficial  use,  may  be  leased  by  such  district  or  unit,  with  the  consent  of  the 
irrigation  board,  to  any  other  territory  within  or  without  the  said  conservation  district ; 
the  other  districts  or  units,  embraced  in  said  conservation  district  to  be  entitled,  how- 
ever, to  the  first  right  to  so  lease  such  surplus  water  or  power.  The  apportionment  of 
water  and  power  under  this  section  shall  be  made  by  a  special  board  of  apportionment 
and  confirmed  by  the  irrigation  board.  The  members  of  such  special  board  of  appor- 
tionment shall  be  three  in  number  and  shall  be  appointed  by  the  irrigation  board,  sub- 
ject, however,  to  the  approval  of  two-thirds  of  the  members  of  the  advisory  board  here- 
inafter provided  for.  The  members  of  such  special  board  of  apportionment  shall  be 
disinterested  persons  having  no  interest  in  any  land  within  the  conservation  district 
within  which  such  apportionment  is  to  be  made  and  not  residing  within  such  district. 
Before  entering  upon  his  duties  each  of  the  members  of  said  special  board  of  appor- 
tionment shall  take  and  subscribe  a*  oath  that  he  is  not  in  any  manner  interested  in  any 
real  estale  within  said  district,  directly  or  indirectly;  that  he  does  not  reside  therein, 
and  that  he  will  perform  the  duties  of  a  member  of  such  board  to  the  best  of  his  ability. 
Said  special  board  of  apportionment  shall  determine,  define  and  apportion  to  the  sev- 
eral districts  or  units  within  said  conservation  district,  and  to  the  private  corporations, 
mutual  water  companies  and  mutual  ditch  companies  admitted  to  share  in  the  benefits 
thereof,  the  amount  and  extent  of  the  water  to  be  produced,  stored  or  diverted  for  the 
project  contemplated  by  said  conservation  district  and  the  amount  and  extent  of  the 
power  to  be  produced  or  generated  in  connection  therewith,  and  shall  likewise  deter- 
mine, define  and  apportion  the  cost  of  the  project,  and  shall  make  a  rejDort  thereof  to 
the  irrigation  board.  Upon  receiving  such  report  the  irrigation  board  shall  fix  a  date 
for  the  hearing  thereof,  and  notice  to  all  persons  in  such  conservation  district  shall  be 
given  by  publication  once  a  week  for  four  successive  weeks  in  a  newspaper  of  general 
circulation  published  in  each  of  the  counties  in  which  any  portion  of  the  said  district  is 
situated.  Such  hearing  shall  be  held  upon  a  date  not  less  than  sixty  nor  more  than 
ninety  days  after  the  first  publication  of  said  notice,  and  affidavits  of  the  publication 
of  said  notice  in  the  manner  herein  provided  shall  be  made  and  filed  with  the  irrigation 
board  before  such  hearing.  In  addition  to  the  publication  of  such  notice  the  secretary 
of  the  irrigation  board  shall  mail  a  copy  thereof  to  the  governing  boards  of  such  other 
districts  or  political  subdivisions  of  the  state  and  to  such  private  corporations,  mutual 
ditch  companies  and  mutual  water  companies  as  may  be  designated  by  the  irrigation 
board.  At  the  time  set  for  the  hearing  the  irrigation  board  shall  hear  and  receive  evi- 
dence in  support  of  objections  which  may  be  presented  to  the  apportionment  so  made, 
and  shall  thereupon  make  its  order  approving,  modifying  or  rejecting  such  apportion- 
ment. Any  person  aggrieved  by  the  order  of  the  irrigation  board  may  commence  an 
action  in  the  superior  court  of  any  county  in  which  any  part  of  said  conservation  dis- 
trict is  interested  to  have  said  apportionment  corrected,  modified  or  annulled.  Such 
action  must  be  commenced  within  thirty  days  after  said  order  has  been  made  and  filed 
in  the  office  of  the  secretary  of  the  irrigation  board,  and  if  not  so  commenced  no  action 
or  defense  shall  thereafter  be  maintained  attacking  the  legality  of  said  apportionment 
in  any  respect.  ^ 

Rates.    Control  of  distribution  of  water  apportioned. 

All  works  constructed  at  the  expense  of  any  irrigation  district  created  under  this 
act,  or  for  any  component  unit  of  a  conservation  district,  or  for  which  the  same  is 
assessed  or  charged  for  the  repayment  of  moneys  expended  for  construction,  shall  for- 
ever be  devoted  to  the  purposes  of  such  constituent  district  or  unit  under  the  adminis- 


Act  226Cb,  §§  11-13  GENERAL   LAWS.  1202 

tration  of  the  in-igation  board.  No  rates  shall  be  charged  by  an  irrigation  district 
formed  under  the  provisions  of  this  act  by  a  conservation  district  for  the  use  of  water 
for  irrigation  therein  or  for  power  developed  in  connection  therewith,  except  for  the 
just  proportion  of  such  irrigation  district  or  the  units  of  such  conservation  district,  or 
of  the  private  corporations,  mutual  water  companies  or  mutual  ditch  companies  entitled 
to  or  receiving  the  benefits  of  the  construction  and  operation  of  the  works  of  said  con- 
servation district,  for  the  expenses  of  the  governing  bodies  and  employees  thereof  and 
of  the  maintenance,  operation,  repair  and  supervision  of  the  works  constructed  for  the 
benefit  of  such  irrigation  district  or  conservation  district,  and  except  for  the  repayment 
of  moneys  appropriated  and  paid  as  the  cost  of  construction  of  the  said  works  and  the 
payment  of  bonds  issued  therefor  and  the  interest  thereon. 

It  shall  be  the  duty  of  the  irrigation  board,  and  said  board  shall  have  power  to  do 
all  things  necessary  to  that  end,  to  control  and  supervise  the  distribution  of  the  water 
and  power  apportioned  as  herein  provided  to  the  units  of  a  conservation  district  and 
to  the  private  corporations,  mutual  water  companies  and  mutual  ditch  companies  ad- 
mitted to  share  in  the  benefits  thereof. 

CONTEACT  FOE  EEPAYMENT  OF  MONEY  EXPENDED. 
Power  to  contract  for  repajnnent  of  money  expended. 

§  11.  The  irrigation  board  shall  have  power  to  contract  with  the  United  States  and 
with  the  state  of  California  for  the  repayment  of  moneys  appropriated  or  expended  in 
the  construction  of  reservoirs,  canals,  ditches  or  other  works  necessary  or  convenient 
for  any  of  the  purposes  herein  mentioned.  Such  repayment  shall  be  made  from 
assessments  upon  the  lands  benefited  by  such  works,  or  the  proceeds  of  bonds  issued 
thereon,  from  payments  made  by  private  corporations,  mutual  ditch  companies  or 
mutual  water  companies  contributing  their  proportion  of  the  cost  of  constructing, 
operating  and  maintaining  such  works  as  provided  in  section  six  b  of  this  act,  or  from 
revenues  derived  bj'^  the  irrigation  board  for  water  or  power  leased  or  sold  by  the  irri- 
gation board  as  provided  in  this  act,  or  from  either,  all  or  any  of  said  methods  of  repay- 
ment. The  irrigation  board  may  also  deposit  with  the  United  States  and  with  the  state, 
bonds,  notes,  contracts,  leases,  agreements  or  other  obligations  for  the  payment  of 
money,  issued  or  executed  by  irrigation  districts  formed  under  the  provisions  of  this 
act,  or  by  conservation  districts,  or  the  component  units  of  such  conservation  districts, 
the  proceeds  to  be  applied  to  said  repayment  upon  such  terms  as  may  be  agreed  upon 
between  the  irrigation  board  and  the  United  States  or  the  state  of  California. 

PUECHASE  OP  PEOPEETY  NEEDED. 
Power  to  purchase  land,  etc.,  needed. 

§  12.  The  irrigation  board  shall  have  power  to  acquire  within  or  without  any  irriga- 
tion district  created  under  this  act  or  any  conservation  district,  from  persons,  associa- 
tions or  private  corporations,  by  purchase,  condemnation  or  other  lawful  means,  any 
land,  water,  water  rights,  reservoirs,  flumes,  ditches,  power  lines,  telegraph  or  telephone 
lines  or  other  works  or  parts  thereof  necessary  or  convenient  for  the  purposes  herein 
mentioned,  or  necessai-y  for  the  carrying  out  of  any  of  the  projects  formed  hereunder. 

Advisory  board. 

$  l.S.  The  chairmen  or  presiding  officers  of  the  governing  bodies  of  the  respective 
irrigation  districts,  reclamation  districts,  drainage  districts  and  other  political  subdivi- 
sions of  the  state  organized  to  promote  irrigation,  reclamation  or  drainage,  consti- 
tuting units  of  a  conservation  district  created  under  this  act,  and  of  the  private  corj^o- 
rations,  mutual  water  companies  and  mutual  ditch  companies  contributing  to  the  cost  of 
constructing,  operating  and  maintaining  the  works  of  such  conservation  district,  shall 


1293  IRRIGATION  AXD  IRRIGATION  DISTRICTS.  Act  ZZGCb,  §  14 

be  and  constitute  an  advisory  board  to  consult  with  the  irrigation  board,  and  such 
advisory  board  shall  perform  such  executive  and  administrative  functions  as  may  be 
determined  from  time  to  time  by  the  irrigation  board. 

GENERAL  POWERS  OP  IRRIGATION  BOARD. 

Power  to  make  contracts.    Apportionment  of  revenues. 

$  14.  The  irrigation  board,  except  where  special  power  is  herein  elsewhere  con- 
ferred, shall  have  power  to  make,  execute  and  carry  out  any  agreements  or  contracts 
for  the  performance  of  any  act  or  the  construction  of  any  works  provided  for  in  this 
act,  and  may  make  contracts  for  the  sale  or  rental  of  unapportioned  water  or  power 
for  periods  not  to  exceed  forty  yeai's,  upon  such  terms  as  the  irrigation  board  shall 
prescribe.  All  revenues  received  by  the  irrigation  board  from  such  sales  or  rentals 
shall  be  apportioned  to  the  districts  constituting  component  parts  of  such  conservation 
district  and  to  the  private  corporations,  mutual  water  companies  and  mutual  ditch 
companies  contributing  to  the  construction  of  the  project  from  which  such  revenues  are 
derived.  Such  apportionment  shall  be  made  in  the  ratio  of  the  respective  amounts  of 
assessments  levied  or  charges  made  for  the  construction  of  the  works  in  connection 
with  which  such  revenues  are  derived. 

Contracts  between  districts,  etc. 

For  the  purpose  of  carrying  this  act  into  effect  and  of  accomplishing  the  ends  and 
objects  herein  expressed,  and  the  development  and  utilization  of  the  water  resources  of 
this  state,  conservation  districts,  irrigation  districts,  formed  under  the  provisions  of 
this  act,  reclamation  districts  and  other  political  subdivisions  of  the  state  or- 
ganized to  promote  irrigation,  reclamation  or  drainage,  and  private  corpora- 
tions organized  for  the  purpose  of  selling  or  distributing  water  or  electric  power 
for  domestic,  irrigation,  manufacture,  or  other  beneficial  uses  and  purjDOses,  and 
mutual  water  companies  and  mutual  ditch  companies,  may  enter  into  contracts  or 
agreements  with  each  other  or  with  other  districts,  political  subdivisions,  private  cor- 
porations, associations  or  persons,  for  the  development,  appropriation  or  storage  of 
water  and  the  apportionment  and  distribution  thereof,  and  the  management,  operation 
and  maintenance  of  any  works  acquired  pursuant  to  this  section,  and  the  division, 
distribution  and  payment  of  the  cost  and  expense  of  such  development,  appropriation, 
storage,  apportionment,  distribution,  management,  operation  and  maintenance.  And 
every  and  all  such  contract  or  contracts  shall  be  valid  and  binding,  in  accordance  with 
their  terms  and  provisions  respectively;  provided,  however,  that  before  any  such  con- 
tract or  contracts  shall  go  into  force  or  effect  or  become  binding  for  any  puipose,  the 
same  shall  be  submitted  to  and  approved  by  the  irrigation  board;  and  provided,  further, 
that  where  any  such  contract  relates  to  or  affects  the  sale,  rental  or  distribution  of 
water  or  electric  power,  or  the  beneficial  use  of  water,  by  a  public  utility,  the  same  shall, 
before  it  goes  into  force  or  effect  or  becomes  binding,  be  submitted  to  and  approved 
by  the  railroad  commission  of  the  state  of  California.  And  all  such  contracts  approved 
as  herein  provided  shall  be  binding  and  valid  for  all  purposes,  either  in  perpetuity  or 
such  term  or  terms  as  shall  be  specified  or  agreed  upon  therein  or  in  the  order  or  orders 
approving  the  same. 

The  provisions  of  this  section  are  in  aid  of  and  in  addition  to  other  provisions  of 
this  act,  and  the  same  shall  be  construed  and  considered  as  so  in  aid  of  and  in  addition 
to,  and  not  limited  by  or  restricted  by  any  of  the  other  terms  or  provisions  of  this  act. 
Nothing  in  this  section  contained  shall  be  construed  to  affect  or  impair  the  organization 
or  rights  of  mutual  water  companies  or  mutual  ditch  companies  or  the  rights  of  the 
stockholders  or  members  of  such  companies. 


Act  2266b,  8  15  GBMDRAL.   LAWS.  1204 

Siir7eys,  etc.,  of  conservation  districts. 

5  15.  The  irrigation  board  shall,  upon  the  organization  of  any  conservation  district 
as  in  this  act  provided,  proceed  to  make  or  cause  to  be  made,  all  necessary  examina- 
tions, surveys,  plans  and  estimates  of  cost  for  the  storage,  diversion  and  distribution  of 
water  and  the  generation  of  electric  power  in  connection  therewith,  and  the  sale  and 
distribution  thereof  as  may  be  necessary  or  requisite  to  enable  said  board  to  ascertain 
and  estimate  the  requirements  and  works  necessary  as  aforesaid  for  the  purposes  of 
said  conversation  district  and  the  probable  cost  and  expense  thereof,  and  in  that  con- 
nection may  use  and  adopt  all  previous  estimates,  surveys  and  reports  it  may  have 
collected  adapted  to  that  purpose,  and  may  employ  all  necessary  engineers  and  other 
assistants  for  the  accomplishment  of  said  purposes,  and  the  cost  thereof  shall  be  deemed 
a  part  of  the  expense  of  said  project  and  may  issue  warrants  therefor  and  same  shall 
bear  interest  from  date  of  issue  at  the  rate  of  six  per  cent  per  annum  until  paid,  and 
shall  be  payable  out  of  the  funds  of  said  district,  and  may  be  included  in  any  bond 
issue  authorized  for  the  purposes  of  said  district. 

Such  estimate  as  is  above  provided  for  shall  be  in  such  form  as  shall  be  approved 
by  said  irrigation  board  and  shall  be  entered  in  the  minutes  of  said  board  and  shall 
constitute  a  part  of  the  records  of  said  board,  and  the  same,  or  a  copy  thereof,  cer- 
tified by  the  secretary  of  said  board,  shall  be  admissible  as  evidence  in  any  proceeding 
before  any  court,  commission  or  tribunal  of  this  state  wherein  the  matters  therein  set 
forth  shall  be  admissible  in  evidence. 

Commissioners  to  assess  land. 

Whenever,  for  any  of  the  purposes  of  this  act,  the  irrigation  board  shall  deem  it 
necessary  for  the  purposes  of  said  district,  or  the  levying  of  an  assessment  upon  the 
property  therein,  or  the  issuance  of  bonds  by  said  district,  said  board  shall  appoint 
three  commissioners  for  such  pui-pose  or  purposes.  Such  commissioners  shall  have  no 
interest  in  any  land  in  the  district,  either  directly  or  indirectly,  and  each  commissioner 
before  entering  upon  his  duties  shall  make  and  subscribe  an  oath  that  he  is  not  in  any 
manner  interested  directly  or  indirectly  in  any  land  in  said  district,  and  that  he  will 
perform  the  duties  of  commissioner  to  the  best  of  his  ability.  Thereupon  said  com- 
missioners shall  proceed  separately  as  to  each  unit  within  said  district  to  view  and 
assess  upon  the  land  within  said  district  a  sum  sufficient  to  cover  said  estimated  amount 
and  shall  apportion  the  same  according  to  the  benefits  which  will  accrue  to  each  unit 
within  said  district,  and  separately  as  to  each  tract  of  land  within  said  unit.  Such 
benefits  to  be  estimated  according  to  the  benefits  which  will  accrue  to  each  tract  of 
land  in  such  unit  by  reason  of  the  expenditure  of  said  estimated  sum,  and  shall  esti- 
mate the  same  in  gold  coin  of  the  United  States. 

Assessment  rolL 

Said  commissioners  shall  prepare  and  certify  a  roll  on  which  they  shall  state  the  name 
and  address  of  the  owner  of  each  parcel  of  land  in  such  unit,  or  if  the  name  or  address 
of  any  owner  is  unknown,  then,  that  fact;  also  a  description  of  each  parcel  of  land  by 
legal  subdivisions  or  boundaries,  and  the  total  amount  assessed  against  each  parcel  of 
land  so  described.  No  mistake  in  the  name  of  the  owner,  or  supposed  owner  of  any 
parcel  of  land,  shall  invalidate  the  apportionment  or  assessment.  A  separate  roll  shall 
be  made  for  the  lands  in  each  county  where  such  unit  includes  land  in  more  than  one 
eounty.  When  completed  said  roll  or  rolls  shall  be  filed  with  the  irrigation  board  and 
certified  copies  of  the  particular  roll  for  each  county  shall  be  filed  with  the  county 
recorder  of  any  county  in  which  any  lands  within  said  unit  may  be,  and  each  roll  shall 
be  open  for  inspection  by  the  public  for  at  least  thirty  days. 


1295  IRRIGATION  AND  IRRIGATION  DISTRICTS.  Act  22««b 

Hearing  objections.    Approval  of  assessments.    Lien.    Annual  levy.    Additional  levy. 
Surplus  used  in  retiring  bonds. 

The  irrigation  board  shall  appoint  a  time  and  place  not  less  than  thirty  days  after 
said  roll  has  been  filed  with  said  recorder  or  recorders  when  and  where  it  will  meet, 
within  said  conservation  district  for  the  purpose  of  hearing  objection  to  said  assess- 
ment and  the  apportionment  thereof  and  notice  of  such  hearing  shall  be  published  at 
least  once  a  week  fo'r  two  successive  weeks  in  some  newspaper  published  in  each  county 
in  which  any  lands  within  said  district  may  be.  At  any  time  before  or  at  the  original 
date  of  such  hearing,  any  person  interested  in  any  real  estate  upon  which  any  charge 
has  been  apportioned  and  assessed,  may  file  in  the  office  of  the  secretary  of  said  irriga- 
tion board  written  objections  thereto,  stating  the  grounds  of  such  objections,  which  said 
statements  shall  be  verified  by  the  affidavit  of  such  person  or  some  other  person  who  is 
familiar  with  the  facts.  Said  irrigation  board  may  postpone  such  hearing  from  time  to 
time.  At  such  hearing  the  irrigation  board  shall  hear  such  evidence  as  may  be  offered 
touching  the  correctness  of  such  assessment  or  the  manner  of  its  apportionment  and 
may  modify  or  amend  the  same  and  may  reapportion  all  or  any  part  of  the  entire 
assessment.  No  assessment  or  apportionment  shall  be  increased  except  upon  the  hear- 
ing of  objections  thereto  or  after  personal  notice  or  notice  by  mail  to  the  owner  of  the 
land  upon  which  said  increase  is  made.  Said  irrigation  board  must  make  and  enter  in 
its  minutes  an  order  approving  said  assessment  and  apportionment  as  finally  fixed,  and 
the  decision  of  said  irrigation  board  shall  be  final,  and  thereafter  said  assessment  and 
apportionment  shall  be  conclusive  evidence  of  the  validity  of  said  assessment  and 
apportionment,  and  no  action  or  defense  shall  ever  be  maintained  attacking  the  same 
in  any  respect.  And  the  records  of  said  irrigation  board,  or  a  copy  thereof  certified 
by  its  secretary,  shall  be  received  in  evidence  in  all  or  any  of  the  courts  of  this  state, 
or  before  any  board  or  tribunal  authorized  to  hear  or  consider  any  matter  wherein  the 
same  shall  be  admissible  as  evidence.  No  change  shall  be  made  in  said  assessment  or 
apportionment  after  the  consideration,  approval  and  fixing  thereof  by  said  irrigation 
board,  and  all  assessments  upon  the  property  of  said  district  thereafter  shall  be  levied 
in  accordance  therewith  and  consistent  with  the  apportionment  of  benefits  therein 
provided  for  and  fixed,  and  if  any  assessments  are  called  for  or  required  in  addition  to 
the  original  amount  estimated  and  apportioned  for  the  purposes  of  said  district,  such 
additional  amount  shall  be  assessed,  levied  and  raised  in  accordance  with  said  appor- 
tionment and  assessment  of  benefits  so  fixed  in  the  first  instance  by  said  irrigation 
board.  A  certified  copj'^  of  such  assessment  and  apportionment  roll  as  finally  approved 
shall  be  filed  in  the  offices  of  the  county  recorder  of  each  county  in  which  any  land 
within  said  district  is  situated.  Such  assessment  and  apportionment  shall  thereafter 
constitute  a  first  lien  upon  the  land  affected  thereby  until  the  full  amount  thereof  is 
paid  or  until  all  bonds  of  the  district  issued  thereon,  together  with  the  accrued  interest, 
shall  have  been  fully  paid.  The  said  irrigation  board  shall  on  the  first  Tuesday  in  May 
following  the  fixing  and  approval  of  said  assessment  and  apportionment  therein  pro- 
vided for,  and  annually  thereafter  on  said  date,  levy  an  assessment,  sufficient  to  raise 
the  annual  interest  on  the  outstanding  bonds  of  said  district,  and  in  any  year  in  which 
any  bonds  shall  fall  due  must  increase  such  assessment  to  an  amount  sufficient  to  pay 
the  principal  of  the  outstanding  bonds  as  they  mature;  also  sufficient  to  pay  in  ful) 
all  sums  that  may  become  due  from  the  district  before  the  time  of  collection  of  the  next 
annual  assessment,  including  an  amount  sufficient  to  pay  in  full  the  amount  of  any 
contract  or  obligation  of  the  district  which  may  come  due  during  said  year  or  may  havo 
been  reduced  to  judgment.  And  to  provide  for  and  maintain  a  fund  out  of  which  the 
current  and  contingent  obligations  of  said  district  can  be  paid  in  cash  as  they  mature. 
In  addition  to  the  amounts  estimated  as  necessary  for  the  purposes  aforesaid,  a  further 
levy  of  fifteen  per  cent  additional  shall  be  included  and  levied  for  the  purposes  of 


Act226«b  GI<:NE)RAL   LAM'S.  t2»C 

meeting  any  additional  amounts  that  may  be  required  on  account  of  delinquencies  and 
to  insure  the  payment  of  all  of  the  bonded  indebtedness,  including  the  interest  thereon 
and  other  obligations  of  said  district  at  maturity.  Whenever  there  is  a  surplus  in  the 
funds  of  said  district  over  and  above  all  requirements  as  herein  specified  for  the  pay- 
ment of  the  bonded  indebtedness  and  interest  thereon  and  accrued  obligations  of  said 
district,  such  a  surplus  may  be  used  and  applied  in  retiring  the  outstanding  bonds,  or 
any  thereof,  of  said  district.  The  secretary  of  the  irrigation  board  must  compute  and 
enter  in  a  separate  column  of  the  assessment  book  the  respective  sums  in  dollars  and 
cents  to  be  paid  as  an  assessment  upon  the  property  therein  enumerated.  In  so  doing, 
said  secretary  shall  enter  the  names  of  the  owners  of  such  lands  and  the  descriptions 
thereof  in  accordance  with  the  last  assessment  roll  of  the  county  in  which  the  said 
lands  are  situated.  Such  assessment  must  be  so  levied  and  computed  as  to  be  in  accord- 
ance with  the  apportionment  and  assessment  of  benefits  herein  provided  for  and  so 
that  all  lands  within  said  district  shall  be  assessed  and  required  to  pay  in  accordance 
therewith. 

Duty  of  county  auditor. 

The  secretary  of  said  board  shall  forthwith  deliver  a  certified  copy  of  that  portion 
of  said  assessments  so  directed  to  be  entered  by  him,  so  far  as  it  applies  or  appertains 
to  any  land  within  any  county  situated  within  said  district  to  the  county  auditor  of 
such  county,  and  such  auditor  shall  accept  and  receipt  for  the  same;  and  thereupon  it 
shall  be  the  duty  of  said  auditor  to  include  said  assessment  as  an  assessment  against 
each  parcel  or  tract  of  land  therein  described.  It  shall  be  the  duty  of  said  auditor  to 
examine  and  ascertain  as  to  any  errors  or  discrepancies  that  may  exist  in  said  roll  as  to 
the  ownership  of,  or  the  descriptions  of,  land  as  applied  to  any  owner  or  owners  thereof 
as  compared  with  the  assessment  roll  of  the  said  county  for  such  yeiar,  and  if  any  such 
difference  or  discrepancies  are  found,  it  shall  be  the  duty  of  said  auditor  to  correct 
the  same  accordingly  so  that  the  said  roll  as  to  ownerships  and  descriptions  of  land 
and  assessments  thereof  shall  correspond  to  the  assessment  roll  of  said  county  and  for 
such  year.  And  it  shall  be  his  duty  to  audit,  enter  and  certify  the  same  to  the  tax 
collector  of  said  county  for  collection  in  the  same  manner  and  form  as  county,  school 
district  and  other  taxes  are  included  and  certified  by  him  to  such  tax  collector,  and  all 
such  assessments  shall  constitute  a  first  lien  upon  the  lands  affected  thereby  as  herein- 
before provided. 

Additional  clerical  force  for  auditor. 

The  board  of  supervisors  is  hereby  authorized  and  empowered  to  employ  what  extra 
clerical  force  is  necessary  to  perform  the  additional  duties  herein  prescribed  for  the 
auditor.  Said  extra  clerks  shall  receive  as  compensation  for  the  work  herein  provided 
a  per  diem  not  to  exceed  five  dollars  which  shall  be  paid  by  the  districts  operating  under 
the  provisions  of  this  act  in  proportion  to  the  amount  of  work  done  for  each  and  it 
shall  be  the  duty  of  the  clerk  of  said  board  to  issue  warrants  payable  to  such  clerks 
employed  as  herein  provided  out  of  the  funds  of  the  district,  upon  the  presentation  of 
a  verified  demand,  approved  by  the  auditor  and  the  board  of  supervisors. 

Duty  of  tax  collector. 

Upon  receipt  of  the  same  from  the  auditor  of  such  county  it  shall  be  the  duty  of  the 
tax  collector  of  said  county  to  include  the  same  as  a  separate  entry  and  charge  against 
the  land  therein  described  and  to  collect  the  same  with  the  county,  school  district  and 
other  taxes  so  required  to  be  collected  by  such  county  tax  collector  and  to  keep  and 
deposit  such  district  taxes  in  a  separate  fund,  and  when  the  same  is  collected  it  shall 
be  the  duty  of  such  tax  collector  to  pay  the  same  over  to  the  treasurer  of  such  county 
at  the  same  time  and  in  the  same  manner  as  other  taxes  collected  by  him  are  paid  over 


i 


1297  IRRIGATION  AND  IRRIGATION  DISTRICTS.  Act  2266b,  §  1« 

to  such  treasurer,  and  it  shall  be  the  duty  of  such  treasurer  to  receive  the  same  as  other 
taxes  are  received  by  him  and  after  receipt  thereof  to  keep  the  same  in  a  separate 
fund ;  and  upon  receipt  of  same,  or  any  part  thereof,  it  shall  be  the  duty  of  such  county 
treasurer  within  thirty  days  thereafter  to  pay  the  same  and  all  thereof  to  the  treasurer 
of  the  state  of  California,  who  shall  receive  and  keep  the  same  and  deposit  the  same  in 
a  separate  fund  to  the  credit  of  the  said  district,  and  to  be  paid  out  by  him  upon  the 
order  and  approval  of  the  said  irrigation  board. 

Moneys  received  under  contracts,  etc.,  collected  by  irrigation  board. 

All  moneys  received. under  contracts,  leases  or  other  arrangements  by  such  conserva- 
tion district  from  any  canal  companies,  mutual  or  other  water  companies,  reclamation 
districts,  or  from  any  corporations,  individuals,  or  other  sources  not  herein  otherwise 
provided  for  shall  be  collected  by  said  irrigation  board  and  by  it  deposited  with  the 
state  treasurer,  and  thereafter  to  be  disbursed  as  provided  as  to  funds  of  such  district 
under  the  order  and  direction  of  such  irrigation  board  for  the  purposes  and  obligations 
of  said  district,  including  the  payment  and  retirement  of  outstanding  bonds  with 
interest  thereon. 

Delinquent  taxes. 

From  and  after  the  time  of  the  filing  of  such  assessment  roll  of  such  district  with 
the  auditor  of  any  county  the  taxes  therein  enumerated,  levied  and  assessed,  shall  be 
regarded  and  treated  as  are  the  other  taxes  of  said  county  or  the  school  districts 
thereof,  and  the  same  shall  be  included  in  and  considered  a  part  of  such  taxes  and  the 
same  shall  become  delinquent  at  the  same  time  and  in  the  same  manner  as  such  other 
taxes,  and  with  respect  to  any  delinquency  or  delinquent  notices  the  same  shall  become 
delinquent  and  notice  thereof  shall  be  published  with  and  at  the  same  time  and  in  the 
same  manner  as  other  delinquent  taxes,  and  the  same  shall  be  similarly  treated  for  all 
purposes  of  notice  and  sale  thereof  for  such  delinquent  taxes,  and  shall  be  subject  to 
redemption  from  such  delinquent  district  taxes  at  the  same  time  and  in  the  same  man- 
ner and  through  the  same  officials  as  are  such  other  taxes.  And  any  and  all  charges 
and  penalties  in  connection  with  such  delinquency  and  interest  thereon  and  penalties 
in  connection  therewith  shall  be  similarly  charged  and  collected,  and  the  amounts  so 
collected  on  account  of  any  such  delinquent  taxes  or  interest  or  penalties  thereon  shall 
be  received  by  the  county  treasurer  and  paid  over  to  the  state  treasurer  in  the  same 
manner  as  is  hereinabove  provided,  and  in  the  event  of  the  sale  of  any  property  for 
delinquent  taxes  of  such  counties  or  other  delinquent  taxes,  said  district  taxes  shall  be 
included  therein  and  said  property  shall  be  sold  therefor  in  connection  with  and  includ- 
ing such  other  taxes,  and  upon  a  redemption  thereof  or  upon  a  sale  of  said  lands  the 
said  district  taxes  shall  be  included  therein  and  together  with  interest  and  penalties 
thereon  the  same  shall  be  received  and  j^aid  over  to  the  county  treasurer,  and  by  him 
paid  over  to  the  state  treasurer,  as  hereinbefore  provided. 

ISSUE  OF  BONDS. 
Issue  of  bonds. 

§  16.  At  any  time  after  the  irrigation  board  shall  have  made  the  examinations,  sur- 
veys, plans  and  estimates  of  cost  for  the  storage,  diversion  and  distribution  of  water, 
and  for  the  other  purposes  enumerated  in  this  act,  and  after  the  same  has  been  entered 
in  the  minutes  of  said  board  and  shall  have  also  had  assessed  and  apportioned  upon  the 
lands  in  said  conservation  district  the  charges  and  benefits  and  apportionments  pro- 
vided for  in  this  act,  and  after  such  apportionment  and  assessment  roll  shall  have  been 
finally  fixed  and  approved  by  the  said  board,  and  after  the  same  has  been  entered  in  the 
minutes  of  the  said  board  must,  as  soon  as  may  be  practicable,  proceed  and  issue  the 
bonds  of  said  district  for  the  purposes  aforesaid. 

Gen.  Laws — 82 


Act  22666  GENERAL   LAWS.  1299 

Estimate  of  amount  necessary. 

The  said  board  shall,  in  connection  with  the  previous  estimates  made  and  adopted 
by  it,  estimate  the  amount  of  money  necessary  to  be  raised  by  such  bond  issue  for  the 
purposes  of  said  district,  as  aforesaid,  and  shall  ascertain  and  determine  the  same  and 
enter  its  order  to  that  effect  in  the  minutes  of  said  board.  And  whenever  thereafter  the 
construction  fund  has  been  exhausted  by  expenditures  herein  authorized,  and  it  is 
necessary  to  raise  additional  money  for  such  purposes,  it  shall  be  the  duty  of  said 
board  to  estimate  and  determine  the  amount  of  money  necessary  to  be  raised  for  such 
additional  purposes. 

Examination  by  engineer.     Special  election.    Evidence  of  ownership. 

For  the  purposes  of  such  bond  issue,  or  additional  bond  issue,  the  said  board  shall  be 
authorized  to  employ  engineers  and  other  assistants  and  make  all  such  further  exam- 
inations and  estimates  as  may  be  necessary,  to  fix  and  determine  such  matters  and  the 
conclusion  and  estimates  of  said  board  shall  be  entered  in  its  minutes.  Said  irrigation 
!)oard  shall  by  order  entered  in  its  records  order  a  special  election  to  be  held  at  such 
I'.laces  in  said  district  as  shall  be  designated  by  said  irrigation  board,  and  at  least  one 
such  place  shall  be  designated  as  a  voting  place  in  each  unit  of  said  conservation  dis- 
trict at  which  said  election  there  shall  be  submitted  to  the  owners  of  land  in  said 
district  the  question  of  whether  or  not  the  bonds  of  said  district  shall  be  issued  in  the 
amount  specified  in  the  order  of  said  board,  and  which  amount  shall  be  stated  in  the 
order  for  such  special  election.  For  all  purposes  of  this  act  relating  to  signing  peti- 
tions and  voting  at  any  election,  and  for  all  other  purposes  where  the  question  of  title 
to  land  claimed  to  be  owned  by  such  voter  or  owner  is  involved,  the  equalized  assess- 
ment roll  for  the  year  last  preceding  in  each  county  wherein  any  land  of  the  said  dis- 
trict is  situated,  shall  be  sufficient  evidence  of  ownership  of  lands  in  the  district,  and 
the  certificate  of  the  register  of  the  United  States  land  office  in  which  the  lands  are 
situated  or  of  the  surveyor  general  of  the  state  of  California,  shall  be  sufficient  evidence 
of  possessory  right  in  any  lands  in  the  district  entered  under  the  laws  of  the  United 
States  or  of  the  state  of  California.  Guardians,  executors,  administrators  and  other 
persons  holding  land  in  a  trust  capacity  under  appointment  of  court  may  sign  any 
such  petition  and  may  vote  without  obtaining  any  special  authority  therefor.  Said 
irrigation  board  shall  at  the  time  of  calling  the  said  election  designate  in  its  order 
the  voting  places  at  which  said  election  shall  be  held  and  where  votes  shall  be  cast 
and  shall  designate  three  landholders  of  the  district  to  act  as  a  board  of  election  at 
each  voting  place. 

Notice. 

Notice  of  such  special  election  must  be  given  by  the  irrigation  board  by  posting 
notice  thereof  in  at  least  three  public  places  in  each  unit  of  the  district  at  least  twenty 
davs  prior  thereto,  and  also  by  publishing  such  notice  once  a  week  for  the  same  length 
of  time  in  some  newspaper  of  general  circulation,  published  in  each  county  in  which 
any  portion  of  said  district  may  be  situated,  or  if  there  be  no  newspaper  published  in 
any  one  of  such  counties,  then  in  each  county  wherein  such  newspaper  is  published; 
and  such  notice  must  specify  the  time  and  place  of  holding  said  election  and  the  aggre- 
gate face  value  of  bonds  proposed  to  be  issued  and  the  names  of  three  landholders  of. 
said  district  to  act  as  a  board  of  election  at  each  polling  place.  Affidavits  of  the  pub- 
lication and  posting  of  such  notice  must  be  filed  with  the  clerk  of  said  irrigation  board. 

One  vote  for  each  acre. 

At  such  election  each  owner  of  lands  in  the  district  shall  be  entitled  to  vote  in  person 
or  by  proxy,  and  shall  have  the  right  to  cast  one  vote  for  each  acre  of  real  estate 
owned  by  him  in  the  district,  such  ownership  to  be  determined  from  the  next  preced- 


1299  IRRIGATION  AND  IRRIGATIOxN  DISTRICTS.  Act  226«b 

ing  assessment  roll  of  the  county  or  counties  in  which  the  lands  of  the  district  are 
situated  and  the  irrigation  board  shall,  prior  to  the  election,  cause  to  be  prepared  and 
certified  and  furnished  to  the  board  of  election  at  each  polling  place,  a  true  and  cor- 
rect copy  of  each  of  said  next  preceding  assessment  rolls  so  far  as  such  assessment  roll 
applies  to  any  lands  within  such  district,  and  shall  likewise  cause  to  be  prepared  and 
furnished  lists  certified  by  the  register  of  the  United  States  land  office  and  the  sur- 
veyor general  of  the  state  of  California  respectively  showing  the  lands  within  the  dis- 
trict entered  upon  under  the  laws  of  the  United  States  and  the  state  of  California 
respectively,  which  said  list,  so  far  as  disclosed  by  the  records  of  said  officers,  shall 
contain  the  names  of  the  persons  entitled  to  possessory  rights  therein  and  the  quan- 
tity of  land  held  by  each  of  said  persons  by  virtue  of  said  rights.  Said  certified  rolls 
and  certified  lists  shall  be  used  by  the  board  of  election  in  determining  the  number 
of  votes  each  voter  is  entitled  to  cast.  Executors,  administrators,  special  adminis- 
trators and  guardians  may  cast  the  vote  of  the  estates  represented  by  them.  No  per- 
son shall  vote  by  proxy  at  such  election  unless  authority  to  cast  such  vote  shall  be 
evidenced  bj'  an  instrument  in  writing,  duly  acknowledged  and  certified  in  the  same 
manner  as  grants  of  real  property  and  filed  with  the  board  of  election. 

Ballots. 

The  ballots  cast  at  such  election  shall  contain  the  words  "bond,  yes"  or  "bonds,  no" 
and  also  the  name  of  the  person  casting  the  ballot,  with  the  number  of  votes  cast  by 
him.  A  list  of  the  ballots  cast  shall  be  made  by  the  board  of  election  containing  the 
name  of  each  voter,  and,  if  the  ballots  be  cast  by  proxy,  the  name  of  the  person  casting 
it  and  the  number  of  votes  cast  by  each  and  whether  the  same  be  cast  for  or  against  the 
issuing  of  bonds. 

Oath  of  election  officer. 

If  any  person  appointed  as  a  member  of  the  board  of  election  shall  fail  to  attend  at 
the  opening  of  the  polls,  the  voters  then  present,  voting  individually,  may  appoint  in 
his  place  any  landholder  in  the  district.  Each  member  of  said  board  of  election  must, 
before  entering  upon  his  duties,  take  and  subscribe  an  official  oath,  to  faithfully  per- 
form his  duties  as  an  officer  of  such  election,  which  oath  may  be  administered  by  an 
officer  authorized  to  administer  oaths,  or  by  a  landholder  in  the  district. 

Polls  open. 

The  polls  shall  be  kept  open  from  ten  o'clock  a.  m.  of  the  day  of  election  until 
five  o'clock  p.  m.  of  that  day. 

Canvass  of  votes. 

At  the  close  of  the  polls  the  board  of  election  shall  at  once  proceed  to  canvass  the 
votes  and  declare  the  result,  and  shall  forward  a  certificate  showing  such  result  and  the 
number  of  votes  cast  for  and  against  the  issuing  of  the  bonds  to  the  irrigation  board 
and  shall  also  deliver  to  the  said  irrigation  board  all  ballots  cast  at  such  election  and 
all  documents  and  papers  used  at  such  election. 

Order  of  irrigation  board. 

Said  irrigation  board  shall,  upon  the  receipt  of  such  canvass  and  declaration  of  the 
result  from  the  said  board  of  election,  proceed  to  examine  the  same  and  shall  ascertain 
and  declare  the  result  as  shown  by  such  canvass  and  declaration,  and  shall  enter  an 
order  in  its  minutes  that  the  said  proposition  for  the  issuance  of  said  bonds  has  been 
carried  or  defeated,  as  the  case  may  be. 

Result  recorded. 

Forthwith,  upon  the  declaration  of  the  result  of  said  election  by  said  irrigation  board, 
the  secreta.^y  of  said  board  shall  make  a  certified  copy  of  the  order  of  said  board. 


Act  22eeb  GENERAL   LAWS.  1300 

declaring  the  result  of  said  election,  and  shall  forward  said  certified  copy  or  copies 
to  the  recorder  or  recorders  of  the  counties  in  which  any  land  of  said  conservation 
district  maj^  be  situated,  and  the  same  shall  forthwith  be  filed  and  recorded  in  said 
recorder  or  recorders'  office,  and  shall  impart  notice  to  all  interested  persons  as  to  the 
result  of  said  election. 

Contest  of  election.    Hearing.    Decision  final.    Bonds  issued. 

Any  person  owning  property  within  the  said  district,  liable  to  assessment,  may  con- 
test such  election,  by  filing  a  written  contest  specifying  the  grounds  of  his  objections 
thereto,  with  said  irrigation  board,  said  written  contest  to  be  filed  within  thirty  days 
after  the  declaration  of  the  result  of  said  election  by  said  irrigation  board,  and  if  no 
siich  contest  and  objections  be  filed  within  thirty  days,  no  such  contest  and  objections 
shall  thereafter  be  received  or  filed.  Such  written  contest  shall  specify  the  ground  or 
grounds  of  contest  to  said  election,  and  upon  the  filing  of  the  same  with  said  irrigation 
board  shall  expeditiously  set  the  said  contest  for  hearing,  and  shall  have  the  right  to 
postpone  the  hearing  for  such  time  as  may  be  necessary,  but  not  otherwise,  and  shall 
expeditiously  hear  and  determine  the  same.  For  the  purposes  of  such  hearing  the 
board  may  by  subpoena,  signed  by  the  secretary,  under  its  seal,  compel  the  attendance 
of  witnesses  and  the  production  of  evidence.  Disobedience  of  such  subpoena  or  of 
any  lawful  order  of  the  board  in  the  premises  shall  constitute  a  contempt  of  the  author- 
ity of  the  board  punishable  by  the  board  in  accordance  with  title  five  of  part  three,  of 
the  Code  of  Civil  Procedure,  and  shall  also  constitute  a  misdemeanor  under  section 
one  hundred  sixty-six  of  the  Penal  Code.  Said  irrigation  board  shall,  upon  the  con- 
clusion of  said  hearing  of  said  contest,  proceed  forthwith  to  enter  its  order  and  decision 
thereon.  Such  decision  on  the  part  of  said  irrigation  board  shall  be  final,  conclusive 
and  binding  upon  all  parties  interested  as  to  validity  and  as  to  result  of  such  election 
and  shall  be  subject  to  review  only  in  event  suit  is  brought  by  the  said  district  or  by 
some  person  or  corporation  or  association  authorized  to  bring  the  same  to  detennine 
the  question  of  the  validity  of  the  said  bond  issue,  and  in  the  determination  and  adjudi- 
cation of  the  question  of  the  validity  of  said  bond  issue,  as  hereinafter  specified,  the 
court  may  review  and  consider  the  validity  of  said  election  for  the  issuance  of  said 
bonds,  but  in  such  action  the  certificate  and  determination  of  said  irrigation  board 
shall  be  received  and  accepted  by  the  court  as  prima  facie  evidence  of  the  result  as 
to  the  validity  of  said  election  and  the  regularity  of  the  canvassing,  counting  and  return 
of  the  votes  cast  at  said  election.  If  a  majority  of  the  votes  cast  at  such  an  election 
is  in  favor  of  the  issuance  of  bonds,  the  irrigation  board  after  canvassing  the  returns 
and  declaring  the  result  of  said  election  shall  cause  bonds  in  the  amount  stated  in  the 
order  for  the  election  to  be  issued,  executed  and  delivered  to  the  state  treasurer  of  the 
state  of  California.  Said  bonds  shall  be  of  the  denomination  of  not  less  than  one 
hundred  dollars  nor  more  than  one  thousand  dollars  each;  they  shall  be  signed  by  the 
president  of  the  irrigation  board  and  attested  by  the  secretary  thereof,  and  shall  be 
numbered  consecutively  in  the  order  of  their  maturity,  and  shall  bear  interest  at  the 
rate  not  exceeding  six  per  centum  per  annum,  payable  semiannually  on  the  first  day  of 
January  and  the  first  day  of  July  in  each  year,  at  the  office  of  said  state  treasurer, 
upon  the  presentation  of  the  proper  coupons  therefor.  Coupons  for  each  installment 
of  interest  shall  be  attached  to  said  bonds  and  shall  bear  the  facsimile  signature  of 
the  state  treasurer  of  the  state  of  California. 

Principal. 

The  principal  of  said  bonds  shall  be  made  payable,  by  an  order  entered  into  the 
minutes  of  the  irrigation  board,  upon  the  first  day  of  July  or  the  first  day  of  January, 
and  in  such  j^ears  as  the  irrigation  board  may  prescribe.  Said  bonds  shall  be  payable 
serially  within  forty  years  from  their  date  in  the  manner  folloAving,  to  wit: 


1301  IRRIGATION  AJNIJ  IRRIGATION  DISTRICTS.  Act  32Ceb 

Amount  payable  yearly. 

Not  less  than  five  per  cent  of  the  aggregate  face  value  of  the  bonds  issued  shall  be 
payable  each  year,  beginning  not  later  than  the  twentieth  year  from  their  date  until 
the  whole  amount  of  said  bonds  have  been  paid. 

Said  irrigation  board,  subject  to  the  provisions  of  this  act,  is  authorized  and  empow- 
ered to  take  all  such  actions  and  make  all  such  orders  as  may  be  necessary  in  con- 
nection with  the  issuance,  sale  and  disposition  of  said  bonds. 

Form  of  bonds. 

Said  bonds  may  be  substantially  in  the  following  form: 

UNITED  STATES  OF  AMERICA. 

STATE  OF  CALIFORNIA. 

No $ 

(Name  of  district)  Conservation  District  No for  value  received, 

hereby  acknowledge  itself  indebted  to  and  promises  to  pay  to  the  holder  hereof  at  the 

office  of  the  state  treasurer  of  the  state  of  California,  on  the  first  day  of , 

19. . . .,  the  sum  of  $ ,  in  gold  coin  of  the  United  States  of  America,  with 

interest  thereon  in  like  gold  coin  from  date  hereof  until  paid,  at  the  rate  of 

per  cent  per  annum,  payable  at  the  office  of  said  treasurer  semiannually  on  the  first 
day  of  January  and  the  first  day  of  July  in  each  year  on  presentation  and  surrender  of 

the  interest  coupons  hereto  attached.     This  bond  is  one  of  a  series  of   

bonds  of  like  tenor  and  effect,  except  as  to  denomination  and  maturity,  numbered  from 

to ,  inclusive  amounting  in  the  aggregate  to  $ , 

issued  in  accordance  with  the  California  irrigation  act,  pursuant  to  an  election  held  in 

said  district  on  the day  of ,  19. . . .,  authorizing  its  issuance, 

and  is  based  upon  and  secured  by  a  lien  upon  and  a  valuation  and  apportionment 
levied  on  the  land  in  said  district  and  filed  in  the  office  of  the  state  irrigation  board 

on  the day  of ,  19 And  the  said  district  does  hereby 

certify  and  declare  that  said  election  was  duly  called  and  held  upon  due  notice,  and  the 
result  thereof  was  duly  canvassed  and  ascertained,  in  pursuance  of  and  in  strict  con- 
formity with  the  laws  of  the  state  of  California  applicable  thereto,  and  that  all  of  the 
acts  and  conditions  and  things  required  by  law  to  be  done  precedent  to  and  in  the 
issue  of  said  bonds  have  been  done  and  have  been  performed  in  regular  and  in  due 
form  and  in  strict  accordance  with  the  provisions  of  the  law  authorizing  the  issuance 
of  such  district  bonds. 

In  testimony  whereof,  the  said  conservation  district,  acting  by  and  through  the  irri- 
gation board  of  the  state  of  California,  has  caused  this  bond  to  be  signed  by  the  presi- 
dent of  said  irrigation  board,  and  attested  by  the  secretary  thereof,  with  his  seal  of 

office  affixed,  this   day  of  ,  19 

By 

President  of  said  board. 

Attest :    , 

Secretary  of  said  board. 

Form  of  interest  coupon. 

And  the  interest  coupon  may  be  substantially  in  the  following  form: 

No $ : 

The  state  treasurer  of  the  state  of  California  will  pay  to  the  holder  hereof  on  the 

day  of ,  19. . . .,  at  his  office  in  the  city  of  Sacramento,  state 

of  California,  the  sum  of  $ in  gold  coin  of  the  United  States  out  of  the 

funds  of    district   for  interest  on   bond  of  said   district 

numbered   


State  treasurer. 


Act22«6b  GENBRAI.   LAWS.  1302 

Sale  of  "bonds  by  state  treasurer.     Action  to  determine  if  bonds  are  legal  obligation. 

The  state  treasurer  shall  place  the  bonds  prepared  pursuant  to  this  act  to  the  credit 
of  the  district  and  the  irrigation  board  may  in  its  discretion  direct  the  state  treasurer 
to  sell  the  whole  or  any  designated  number  of  said  bonds  for  the  best  price  obtainable 
therefor,  but  in  no  event  for  less  than  ninety  per  cent  of  the  face  value  of  said  bonds 
and  the  accrued  interest  thereon.  Before  making  a  sale  of  said  bonds,  notice  shall  be 
given  by  the  state  treasurer  by  publication  at  least  once  a  week  for  three  weeks  in  a 
newspaper  of  general  circulation  published  in  the  city  of  Sacramento,  and  also  one  or 
more  papers  in  said  district,  that  he  will  sell  a  specified  amount  of  said  bonds,  and 
stating  the  day^,  hour  and  place  of  such  sale,  and  asking  sealed  proposals  for  the  pur- 
chase of  said  bonds,  or  any  part  thereof.  At  the  time  appointed  the  state  treasurer 
shall  open  the  bids  and  award  the  bonds  to  the  highest  responsible  bidder.  He  may 
reject  any  and  all  bids.  Any  sale  by  the  state  treasurer  and  delivery  of  the  bonds 
thereunder  shall  be  conclusive  evidence  in  favor  of  the  purchaser  and  all  subsequent 
holders  of  the  bonds  that  such  sale  was  made  upon  due  authority  and  notice.  The  pro- 
ceeds of  sale  of  said  bonds  shall  be  placed  in  the  state  treasury  to  the  credit  of  said 
district,  and  a  proper  record  of  such  transaction  shall  be  made  upon  his  books.  At 
any  time  after  said  bonds  shall  have  been  delivered  to  the  state  treasurer,  an  action 
may  be  commenced  in  the  superior  court  of  the  county  within  which  is  situated  the 
largest  area  of  land  within  said  district  by  the  irrigation  board  in  the  name  of  the 
district  or  by  any  unit  of  said  district  or  by  any  person  owning  property  within  the 
said  district  liable  to  assessment.  Such  action  shall  be  brought  and  prosecuted  against 
the  lands  in  said  district  and  all  persons  owning  the  same  or  interested  therein,  to  have 
it  determined  as  to  whether  or  not  said  bonds  when  sold  will  be  a  legal  obligation  of 
such  district.  It  shall  be  sufiicient  to  describe  said  lands  as  all  lands  in  the  district 
(naming  it)  without  a  more  specific  description.  The  summons  shall  be  published  once 
a  week  for  three  weeks  in  some  newspaper  of  general  circulation  published  in  the 
county  where  the  action  is  pending.  Within  thirty  days  after  the  first  publication  of 
summons  any  owner  of  land  in  such  district,  or  any  person  interested,  may  appear  and 
answer  the  complaint,  which  answer  shall  set  forth  the  facts  relied  upon  to  show  the 
invalidity  of  said  bonds.  The  default  of  all  defendants  not  so  appearing  may  be 
entered.  Such  action  shall  be  given  precedence  in  hearing  and  trial  over  all  other 
civil  actions  in  such  court  and  judgment  rendered  declaring  such  matter  so  contested 
either  valid  or  invalid.  Any  party  not  in  default  may  have  the  right  to  appeal  to  the 
supreme  court  within  thirty  days  after  entry  of  judgment  and  said  appeal  and  the 
hearing  thereof  shall  be  expedited  in  said  court.  Judgment  for  the  plaintiff  in  such 
proceedings  shall  be  considered  as  a  judgment  in  rem  and  shall  be  conclusive  against 
said  district  and  against  all  lands  therein  and  all  owners  thereof  and  all  other  inter- 
ested persons. 

Warrants. 

The  irrigation  board  may  draw  warrants  upon  the  state  treasurer  against  the  funds 
provided  by  sale  of  said  bonds. 

The  money  derived  from  the  sale  of  any  of  said  bonds  shall  be  received  by  the  state 
treasurer  and  shall  by  him  be  safely  kept  and  placed  to  the  credit  of  said  district  in  a 
fund  to  be  designated  in  the  name  of  such  district  for  the  said  district  and  may  be 
drawn  and  expended  upon  warrants  drawn  against  said  fund  as  in  this  act  provided. 

Bonds  legal  investment. 

Bonds  of  any  district  issued  pursuant  to  the  provisions  of  this  act  which  are  investi- 
gated and  approved  by  any  commission  or  officer  now  or  hereafter  authorized  by  the 
laws  of  this  state  to  conduct  such  investigation  and  give  such  approval  and  by  author- 
ity of  which  approval  said  bonds  are  declared  to  be  legal  investments  for  savings  banks 


1303  IRRIGATION  AXD  IRRIGATION  DISTRICTS.  Act  2266b,  §  17 

may  be  lawfully  purchased  or  received  in  pledge  for  loans  by  banks,  trust  companies, 
guardians,  executors,  administrators  and  special  administrators,  or  by  any  public 
officer  or  officers  of  this  state,  or  of  any  county,  city,  city  and  county  or  other  munici- 
pal or  corporate  body  within  the  state  having  or  holding  funds  which  they  are  allowed 
by  law  to  invest  or  loan. 

Additional  bond  issue. 

If  after  said  district  has  authorized  the  issuance  and  sale  of  a  series  of  bonds  under 
this  act,  it  shall  become  necessary  so  to  do,  an  additional  bond  issue  or  series  of  bonds 
may  be  authorized  and  sold  and  all  proceedings  shall  be  had  and  taken,  and  all  pro- 
cedure in  connection  with  said  second  issue  or  series  of  bonds  shall  be  had  and  taken 
in  accordance  with  the  provisions  of  this  act  as  to  the  first  issue  of  bonds;  provided, 
that  said  second  issue  or  series  of  bonds  shall  not  be  issued  so  as  to  in-  any  manner 
interfere  with  the  lien  or  security  of  the  payment  of  the  first  issue  of  bonds,  and  said 
second  issue  or  series  of  bonds  shall,  as  to  the  lien  thereof  and  as  to  the  security  of 
same,  be  subsequent  and  subordinate  and  subject  to  such  first  bond  issue. 

SUEVEYS,  ESTIMATES,  ASSESSMENTS. 

Surveys,  etc.,  of  irrigation  district. 

§  17.  The  irrigation  board  shall,  upon  the  organization  of  any  irrigation  district 
as  in  this  act  provided,  proceed  to  make  or  cause  to  be  made,  all  necessary  examina- 
tions, surveys,  plans  and  estimates  of  cost  for  the  storage,  diversion  and  distribution 
of  water  and  the  generation  of  electric  power  in  connection  therewith,  and  the  sale  and 
distribution  thereof  as  may  be  necessary  or  requisite  to  enable  said  board  to  ascer- 
tain and  estimate  the  requirements  and  works  necessary  as  aforesaid  for  the  purposes 
of  said  irrigation  district  and  the  probable  cost  and  expense  thereof,  and  in  that  con- 
nection may  use  and  adopt  all  previous  estimates,  surveys  and  reports  it  may  have 
collected  adapted  to  that  purpose,  and  may  employ  all  necessary  engineers  and  other 
assistants  for  the  accomplishment  of  said  purposes,  and  the  cost  thereof  shall  be 
deemed  a  part  of  the  expense  of  said  project,  and  may  issue  warrants  therefor  and  same 
shall  bear  interest  from  date  of  issue  at  the  rate  of  six  per  cent  per  annum  until  paid, 
and  shall  be  payable  out  of  the  funds  of  said  district,  and  ma.y  be  included  in  any  bond 
issue  authorized  for  the  purposes  of  said  district. 

Estimate  to  be  matter  of  record.     Commissioners  to  assess  land.    Assessment  roll. 

Such  estimate  as  is  above  provided  for  shall  be  in  such  form  as  shall  be  approved 
by  said  irrigation  board  and  shall  be  entered  in  the  minutes  of  said  board  and  shall 
constitute  a  part  of  the  records  of  said  board,  and  the  same,  or  a  copy  thereof,  cer- 
tified by  the  secretary  of  said  board,  shall  be  admissible  as  evidence  in  any  proceeding 
before  any  court,  commission  or  tribunal  of  this  state  wherein  the  matters  therein  set 
forth  shall  be  admissible  in  evidence. 

Whenever,  for  any  of  the  purposes  of  this  act,  the  irrigation  board  shall  deem  it 
necessary  for  the  purposes  of  said  irrigation  district,  or  the  levying  of  an  assessment 
upon  the  property  therein,  or  the  issuance  of  bonds  by  said  irrigation  district,  said 
board  shall  appoint  three  commissioners  for  such  purpose  or  purposes.  Such  com- 
missioners shall  have  no  interest  in  any  land  in  the  irrigation  district,  either  directly 
or  indirectly,  and  each  commissioner  before  entering  upon  his  duties  shall  make  and 
subscribe  an  oath  that  he  is  not  in  any  manner  interested  directly  or  indirectly  in  any 
land  in  said  irrigation  district,  and  that  he  will  perform  the  duties  of  commissioner 
to  the  best  of  his  ability.  Thereupon  said  commissioners  shall  proceed  to  view  and 
assess  upon  the  land  within  said  irrigation  district  a  sum  sufficient  to  cover  said  esti- 
mated amount  and  shall  apportion  the  same  according  to  the  benefits  which  will  accrue 
to   each  tract  of  land  within  said  irrigation   district,   such  benefits   to   be  estimated 


Act  2266b  GBIVE^RAL.   LAW^S.  1304 

according  to  the  benefits  which  will  accrue  to  each  tract  of  land  in  such  irrigation 
district  by  reason  of  the  expenditure  of  said  estimated  sum,  and  shall  estimate  the  same 
in  gold  coin  of  the  United  States. 

Said  commissioners  shall  prepare  and  certify  a  roll  on  which  they  shall  state  the 
name  and  address  of  the  owner  of  each  parcel  of  land  in  such  irrigation  district,  or  if 
the  name  or  address  of  any  owner  is  unknown,  then  that  fact;  also  a  description  of 
each  parcel  of  land  by  legal  subdivisions  or  boundaries,  and  the  total  amount  assessed 
against  each  parcel  of  land  so  described.  No  mistake  in  the  name  of  the  owner,  or 
supposed  owner  of  any  parcel  of  land,  shall  invalidate  the  apportionment  or  assessment. 
A  separate  roll  shall  be  made  for  the  lands  in  each  county  where  such  irrigation  dis- 
trict includes  land  in  more  than  one  county.  When  completed  said  roll  or  rolls  shall 
be  filed  with  the  irrigation  board  and  certified  copies  of  the  particular  roll  for  each 
county  shall  be  filed  with  the  county  recorder  of  any  county  in  which  any  lands  within 
said  irrigation  district  may  be,  and  each  roll  shall  be  open  for  inspection  by  the  public 
for  at  least  thirty  days. 

Hearing.     Objections.     Evidence.     Approval   of    assessment.     Lien.     Annual   levy. 
Additional  levy.    Surplus  used  in  retiring  bonds. 

The  irrigation  board  shall  appoint  a  time  and  place  not  less  than  thirty  days  after 
said  roll  has  been  filed  with  said  recorder  or  recorders  when  and  where  it  will  meet, 
within  the  county  in  which  the  greater  portion  of  said  irrigation  district  is  situated 
for  the  purpose  of  hearing  objection  to  said  assessment  and  the  apportionment  thereof 
and  notice  of  such  hearing  shall  be  published  at  least  once  a  week  for  two  successive 
weeks  in  some  newspaper  published  in  each  county  in  which  any  lands  within  said 
irrigation  district  may  be.  At  any  time  before  or  at  the  original  date  of  such  hearing, 
any  person  interested  in  any  real  estate  upon  which  any  charge  has  been  apportioned 
and  assessed,  may  file  in  the  the  office  of  the  secretary  of  said  irrigation  board  written 
objections  thereto,  stating  the  grounds  of  such  objections,  which  said  statements  shall 
be  verified  by  the  affidavit  of  such  person  or  some  other  person  who  is  familiar  with 
the  facts.  Said  irrigation  board  may  postpone  such  hearing  from  time  to  time.  At 
such  hearing  the  irrigation  board  shall  hear  such  evidence  as  may  be  offered  touching 
the  correctness  of  such  assessment  or  the  manner  of  its  apportionment  and  may  modify 
or  amend  the  same  and  may  reapportion  all  or  any  part  of  the  entire  assessment.  No 
assessment  or  apportionment  shall  be  increased  except  upon  the  hearing  of  objections 
thereto  or  after  personal  notice  or  notice  by  mail  to  the  owner  of  the  land  upon  which 
said  increase  is  made.  Said  irrigation  board  must  make  and  enter  in  its  minutes  an 
order  approving  said  assessment  and  apportionment  as  finally  fixed,  and  the  decision 
of  said  irrigation  board  shall  be  final,  and  thereafter  said  assessment  and  apportion- 
ment shall  be  conclusive  evidence  of  the  validity  of  said  assessment  and  apportion- 
ment, and  no  action  or  defense  shall  ever  be  maintained  attacking  the  same  in  any 
respect.  And  the  records  of  said  irrigation  board,  or  a  copy  thereof  certified  by  its 
secretary,  shall  be  received  in  evidence  in  all  or  any  of  the  courts  of  this  state,  or 
before  any  board  or  tribunal  authorized  to  "hear  or  consider  any  matter  wherein  the 
same  shall  be  admissible  as  evidence.  No  change  shall  be  made  in  said  assessment  or 
apportionment  after  the  consideration,  approval  and  fitting  thereof  by  said  irrigation 
board  and  all  assessments  upon  the  property  of  said  irrigation  district  thereafter  shall 
be  levied  in  accordance  therewith  and  consistent  with  the  apportionment  of  benefits 
therein  provided  for  and  fixed,  and  if  any  assessments  are  called  for  or  required  in 
addition  to  the  original  amount  estimated  and  apportioned  for  the  purposes  of  said 
irrigation  district,  such  additional  amount  shall  be  assessed,  levied  and  raised  in  accord- 
ance with  said  apportionment  and  assessment  of  benefits  so  fixed  in  the  first  instance 
by  said  irrigation  board.     A  certified  copy  of  such  assessment  and  apportionment  roll 


i 


1305  IRRIGATIOX  AXD  IRRIGATION  DISTRICTS.  Act  2266 1> 

as  finally  approved  shall  be  filed  in  the  ofiice  of  the  county  recorder  of  each  county 
in  which  any  land  within  said  irrigation  district  is  situated.  Such  assessment  and 
apportionment  shall  thereafter  constitute  a  first  lien  upon  the  land  affected  thereby 
until  the  full  amount  thereof  is  paid  or  until  all  bonds  of  the  irrigation  district  issued 
thereon,  together  with  the  accrued  interest,  shall  have  been  fully  paid.  The  said  irri- 
gation board  shall  on  the  first  Tuesday  in  May  following  the  fixing  and  approval  of  said 
assessment  and  apportionment  therein  provided  for,  and  annually  thereafter  on  said 
date,  levy  an  assessment,  suflBcient  to  raise  the  annual  interest  on  the  outstanding 
bonds  of  said  irrigation  district,  and  in  any  year  in  which  any  bonds  shall  fall  due 
must  increase  such  assessment  to  an  amount  sufficient  to  pay  the  principal  of  th« 
outstanding  bonds  as  they  mature;  also  sufficient  to  pay  in  full  all  sums  that  ma^i 
become  due  from  the  irrigation  district  before  the  time  of  collection  of  the  next  annual 
assessment,  including  an  amount  sufficient  to  pay  in  full  the  amount  of  any  contract 
or  obligation  of  the  irrigation  district  which  may  come  due  during  said  year  or  may 
have  been  reduced  to  judgment,  and  to  provide  for  and  maintain  a  fund  out  of  which 
the  current  and  contingent  obligations  of  said  irrigation  district  can  be  paid  in  cash 
as  they  mature.  In  addition  to  the  amounts  estimated  as  necessary  for  the  pmposes 
aforesaid,  a  further  levy  of  fifteen  per  cent  additional  shall  be  included  and  levied  for 
the  purposes  of  meeting  any  additional  amounts  that  may  be  required  on  account  of 
delinquencies  and  to  insure  the  payment  of  all  of  the  bonded  indebtedness,  including 
the  interest  thereon  and  other  obligations  of  said  irrigation  district  at  maturity.  When- 
ever there  is  a  surplus  in  the  funds  of  said  district  over  and  above  all  requirements  as 
herein  specified  for  the  payment  of  the  bonded  indebtedness  and  interest  thereon  and 
accrued  obligations  of  said  irrigation  district,  such  a  surplus  may  be  used  and  applied 
in  retiring  the  outstanding  bonds  or  anj^  thereof  of  said  irrigation  district.  The  secre- 
tary of  the  irrigation  board  must  compute  and  enter  in  a  separate  column  of  the  assess- 
ment book  the  respective  sums  in  dollars  and  cents  to  be  paid  as  an  assessment  upon 
the  property  therein  enumerated.  In  so  doing,  said  secretary  shall  enter  the  names  of 
the  owners  of  such  lands  and  the  descriptions  thereof  in  accordance  with  the  last 
assessment  roll  of  the  county  in  which  the  said  lands  are  situated.  Such  assessment 
must  be  so  levied  and  computed  as  to  be  in  accordance  with  the  apportionment  and 
assessment  of  benefits  herein  provided  for  and  so  that  all  lands  within  said  irrigation 
district  shall  be  assessed  and  required  to  paj'  in  accordance  therewith. 

Duty  of  county  auditor. 

The  secretary  of  said  board  shall  forthwith  deliver  a  certified  copy  of  that  portion  of 
said  assessment  so  directed  to  be  entered  by  him,  so  far  as  it  applies  or  appertains  to 
any  land  within  any  county  situated  within  said  irrigation  district  to  the  county 
auditor  of  such  county,  and  such  auditor  shall  accept  and  receipt  for  the  same,  and 
thereupon  it  shall  be  the  duty  of  said  auditor  to  include  said  assessment  as  an  assess- 
ment against  each  parcel  or  tract  of  land  therein  described.  It  shall  be  the  duty  of  said 
auditor  to  examine  and  ascertain  as  to  any  errors  or  discrepancies  that  may  exist  in 
said  roll  as  to  the  ownership  of  or  the  descrii^tions  of  land  as  applied  to  any  owner  or 
owners  thereof  as  compared  with  the  assessment  roll  of  the  said  county  for  such  year, 
and  if  any  such  difference  or  discrepancies  are  found,  it  shall  be  the  duty  of  said  auditor 
to  correct  the  same  accordingly  so  that  the  said  roll  as  to  ownerships  and  descriptions 
of  land  and  assessments  thereof  shall  correspond  to  the  assessment  roll  of  said  county 
and  for  such  year.  And  it  shall  be  his  duty  to  audit,  enter  and  certify  the  same  to  the 
tax  collector  of  said  county  for  collection  in  the  same  manner  and  form  as  county, 
school  district  and  other  taxes  are  included  and  certified  by  him  to  such  tax  collector, 
and  all  such  assessments  shall  constitute  a  first  lien  upon  the  lands  affected  thereby  as 
hereinbefore  provided. 


Act  2266b  GESNBRAL  LAWS.  1306 

Extra  clerical  force  for  auditor.    Duty  of  tax  collector. 

The  board  of  supervisors  is  hereby  authorized  and  empowered  to  employ  what  extra 
clerical  force  is  necessary  to  perform  the  additional  duties  herein  prescribed  for  the 
auditor.  Said  extra  clerks  shall  receive  as  compensation  for  the  work  herein  provided 
a  per  diem  not  to  exceed  five  dollars  which  shall  be  paid  by  the  districts  operating 
under  the  provisions  of  this  act  in  proportion  to  the  amount  of  work  done  for  each 
and  it  shall  be  the  duty  of  the  clerk  of  said  board  to  issue  warrants  payable  to  such 
clerks  employed  as  herein  provided  out  of  the  funds  of  the  districts,  upon  the  pi'cs- 
entation  of  a  verified  demand,  aj^proved  by  the  auditor  and  the  board  of  supervisors. 

Upon  receipt  of  the  same  from  the  auditor  of  such  county  it  shall  be  the  duty  of  the 
tax  collector  of  said  county  to  include  the  same  as  a  separate  entry  and  charge  against 
the  land  therein  described  and  to  collect  the  same  with  the  county,  school  district  and 
other  taxes  so  required  to  be  collected  by  such  county  tax  collector  and  to  keep  and 
deposit  such  irrigation  district  taxes  in  a  separate  fund,  and  when  the  same  is  collected 
it  shall  be  the  duty  of  such  tax  collector  to  pay  the  same  over  to  the  treasurer  of  such 
county  at  the  same  time  and  in  the  same  manner  as  other  taxes  collected  by  him  are 
paid  over  to  such  treasurer,  and  it  shall  be  the  duty  of  such  treasurer  to  receive  the 
same  as  other  taxes  are  received  by  him  and  after  receipt  thereof  to  keep  the  same  in 
a  separate  fund  and  upon  receipt  of  same,  or  any  part  thereof,  it  shall  be  the  duty  of 
such  county  treasurer  within  thirty  days  thereafter  to  pay  the  same  and  all  thereof  to 
the  treasurer  of  the  state  of  California,  who  shall  receive  and  keep  the  same  and 
deposit  the  same  in  a  separate  fund  to  the  credit  of  the  said  district,  and  to  be  paid 
out  by  him  upon  the  order  and  approval  of  the  said  irrigation  board. 

Moneys  received  under  contracts,  etc.,  collected  by  irrigation  board. 

All  moneys  received  under  contracts,  leases  or  other  arrangements  by  such  irrigation 
district  from  any  canal  companies,  mutual  or  other  water  companies,  reclamation  dis- 
tricts, or  from  any  corporations,  individuals,  or  other  sources  not  herein  otherwise 
provided  for,  shall  be  collected  by  said  irrigation  board  and  by  it  deposited  with  the 
state  treasurer,  and  thereafter  to  be  disbursed  as  provided  as  to  funds  of  such  irriga- 
tion district  under  the  order  and  direction  of  such  irrigation  board  for  the  purposes 
and  obligations  of  said  irrigation  district,  including  the  payment  and  retirement  of 
outstanding  bonds  with  interest  thereon. 

Delinquent  taxes. 

From  and  after  the  time  of  the  filing  of  such  assessment  roll  of  such  irrigation  dis- 
trict with  the  auditor  of  any  county  the  taxes  therein  enumerated,  levied  and  assessed, 
shall  be  regarded  and  treated  as  are  the  other  taxes  of  said  county  or  the  school  dis- 
tricts thereof  and  the  same  shall  be  included  in  and  considered  a  part  of  such  taxes 
and  the  same  shall  become  delinquent  at  the  same  time  and  in  the  same  manner  as  such 
other  taxes,  and  with  respect  to  any  delinquency  or  delinquent  notices  the  same  shall 
become  delinquent  and  notice  thereof  shall  be  published  with  and  at  the  same  time  and 
in  the  same  manner  as  other  delinquent  taxes  and  the  same  shall  be  similarly  treated 
for  all  purposes  of  notice  and  sale  thereof  for  such  delinquent  taxes,  and  shall  be  sub- 
ject to  redemption  from  such  delinquent  irrigation  district  taxes  at  the  same  time  and 
in  the  same  manner  and  through  the  same  oflQcials  as  are  such  other  taxes.  And  any 
and  all  charges  and  penalties  in  connection  therewith  shall  be  similarly  charged  and 
collected,  and  the  amounts  so  collected  on  account  of  any  such  delinquent  taxes  or 
interest  or  penalties  thereon  shall  be  received  by  the  county  treasurer  and  paid  over 
to  the  state  treasurer  in  the  same  manner  as  is  hereinabove  provided,  and  in  the  event 
of  the  sale  of  any  property  for  delinquent  taxes  of  such  counties  or  other  delinquent 
taxes,  said  irrigation  district  taxes  shall  be  included  therein  and  said  property  shall 
be  sold  therefor  in  connection  with  and  including  such  other  taxes,  and  upon  a  redemj)- 


1307  IRRIGATIOiX  AND  IRRIGATIOIV  DISTRICTS,  Act  2266b,  §g  17a-18 

tion  thereof  or  upon  a  sale  of  said  lands  the  said  irrigation  district  taxes  shall  be 
included  therein  and  together  with  interest  and  penalties  thereon  the  same  shall  be 
received  and  paid  over  to  the  county  treasurer,  and  by  him  paid  over  to  the  state 
treasurer,  as  hereinbefore  provided. 

Defraying  expenses  prior  to  making  assessment.  Ascertainment  of  assessment. 

§  17a.  Upon  the  organization  of  an  irrigation  district  hereunder  and  for  the  purpose 
of  defraying  expenses  of  such  organization,  and  for  any  other  purposes  of  this  act, 
prior  to  the  making  of  the  assessment  provided  for  in  section  seventeen,  the  directors 
may  incur  an  indebtedness  not  exceeding  one-half  as  many  dollars  as  there  are  acres  in 
the  district,  and  upon  the  certification  thereof  to  the  irrigation  board,  such  board  shall 
cause  warrants  to  issue  therefor  bearing  interest  at  a  rate  to  be  fixed  by  the  board  of 
directors,  not  to  exceed  six  per  centum  per  annum,  and  thereafter  it  shall  be  the  duty 
of  the  irrigation  board  to  levy  an  assessment  sufficient  to  pay  said  warrants  upon  all 
of  the  lands  within  the  district,  in  the  same  manner  and  at  the  same  time,  so  far  as 
possible,  as  other  assessments  are  provided  to  be  levied  (except  as  to  the  appointment 
of  commissioners).  Said  assessment  shall  be  ascertained  by  dividing  the  number  of 
dollars  due  or  to  become  due  upon  the  warrants  which  have  been  issued  by  the  number 
of  acres  in  the  district,  and  assessing  to  each  acre  the  result  so  obtained.  Such  assess- 
ment roll  shall  be  prepared  and  delivered  to  the  county  auditor  or  auditors  by  the  sec- 
retary of  the  irrigation  board  as  provided  in  section  seventeen,  and  the  said  amount 
shall  be  collected  b}'  the  tax  collector  of  the  county  in  the  same  manner  as  is  provided 
for  the  collection  of  other  assessments  levied  by  the  district. 

Where-  an  irrigation  district  is  organized  after  the  first  Tuesday  in  May  of  any  year, 
the  irrigation  board  shall  nevertheless,  at  the  request  of  the  board  of  directors  of  said 
district,  cause  an  assessment  to  be  levied  paj^able  at  the  same  time  as  if  levied  prior  to 
the  first  Tuesday  in  May  as  in  this  section  provided,  of  an  amount  sufficient  to  defray 
the  exi:)enses  of  organization  and  other  expenses  of  the  district  prior  to  the  levying  of 
the  assessment  provided  for  in  section  seventeen,  not,  however,  to  exceed  the  limit  in 
this  section  specified, 

ISSUE  OF  IREIGATION  DISTEICT  BONDS, 

Issue  of  bonds.     Estimate  of  amount  necessary.     Examination  by  engineer.     Special 

election.    Evidence  of  ownership. 

§  18.  At  any  time  after  the  irrigation  board  shall  have  made  the  examinations,  sur- 
veys, plans  and  estimates  of  cost  for  the  storage,  diversion  and  distribution  of  water, 
and  for  the  other  purposes  enumerated  in  this  act,  and  after  the  same  has  been  entered 
in  the  minutes  of  said  board  and  shall  have  also  had  assessed  and  apportioned  upon 
the  lands  in  any  irrigation  district  organized  under  the  provision  of  this  act  the 
charges  and  benefits  and  apportionments  provided  for  in  this  act,  and  after  such  appor- 
tionment and  assessment  roll  shall  have  been  finally  fixed  and  approved  by  the  said 
board,  and  after  the  same  has  been  entered  in  the  minutes  of  the  said  board  must,  as 
soon  as  may  be  practicable,  proceed  and  issue  the  bonds  of  said  irrigation  district  for 
the  purposes  aforesaid. 

The  said  board  shall,  in  connection  with  the  previous  estimates  made  and  adopted  by 
it,  estimate  the  amount  of  money  necessary  to  be  raised  by  such  bond  issue  for  the  pur- 
poses of  said  irrigation  district,  as  aforesaid,  and  shall  ascertain  and  determine  the 
same  and  enter  its  order  to  that  effect  in  the  minutes  of  said  board.  And  whenever 
thereafter  the  construction  fund  of  said  irrigation  district  has  been  exhausted  by 
expenditures  herein  authorized,  and  it  is  necessary  to  raise  additional  money  for  such 
purposes,  it  shall  be  the  duty  of  said  board  to  estimate  and  determine  the  amount  of 
money  necessary  to  be  raised  for  such  additional  purposes. 


A»-t  22eeb  GENERAL   LAWS.  1308 

For  the  purposes  of  such  bond  issue,  or  additional  bond  issue,  the  said  board  shall 
be  authorized  to  employ  engineers  and  other  assistants  and  make  all  such  further  exam- 
inations and  estimates  as  may  be  necessary,  to  tix  and  determine  such  matters  and  the 
conclusion  and  estimates  of  said  board  shall  be  entered  in  its  minutes.  Said  irrigation 
board  shall  by  order  entered  in  its  records  order  a  special  election  to  be  held  at  such 
place  or  places  in  said  irrigation  district  as  shall  be  designated  by  said  irrigation  board, 
at  which  said  election  there  shall  be  submitted  to  the  owners  of  land  in  said  irrigation 
district  the  question  whether  or  not  the  bonds  of  said  district  shall  be  issued  in  the 
amount  specified  in  the  order  of  said  board,  and  which  amount  shall  be  stated  in  the 
order  for  such  special  election.  For  all  purposes  of  this  act  relating  to  signing  peti- 
tions and  voting  at  any  election,  and  for  all  other  purposes  where  the  question  of  title 
to  land  claimed  to  be  owned  by  such  voter  or  owner  is  involved,  the  equalized  assess- 
ment roll  for  the  year  last  preceding  in  each  county  wherein  any  land  of  the  said  irriga- 
tion district  is  situated,  shall  be  sufiflcient  evidence  of  ownership  of  lands  in  the  irriga- 
tion district.  Guardians,  executors,  administrators  and  other  persons  holding  land  in 
a  trust  capacity  under  appointment  of  court  may  vote  without  obtaining  any  special 
authority  therefor.  Said  irrigation  board  shall  at  the  time  of  calling  the  said  election 
designate  in  its  order  the  voting  place  or  places  at  which  said  election  shall  be  held  and 
where  votes  shall  be  cast  and  shall  designate  three  landholders  of  the  irrigation  district 
to  act  as  a  board  of  election  at  each  voting  place. 

Notice.    One  vote  for  each  acre. 

Notice  of  such  special  election  must  be  given  by  the  irrigation  board  by  posting 
notice  thereof  in  at  least  three  public  places  in  such  irrigation  district  at  least  twenty 
days  prior  thereto,  and  also  by  publishing  such  notice  once  a  week  for  the  same  length 
of  time  in  some  newspaper  of  general  circulation,  published  in  each  county  in  which 
any  portion  of  said  irrigation  district  may  be  situated,  or  if  there  be  no  newspaper  pub- 
lished in  any  one  of  such  counties,  then  in  each  county  wherein  such  newspaper  is  pub- 
lished; and  such  notice  must  specify  the  time  and  place  of  holding  said  election  and 
the  aggregate  face  value  of  bonds  proposed  to  be  issued  and  the  names  of  three  land- 
holders of  said  irrigation  district  to  act  as  a  board  of  election  at  each  polling  place. 
AflSdavits  of  the  publication  and  posting  of  such  notice  must  be  filed  with  the  secretary 
of  said  irrigation  board. 

At  such  election  each  owner  of  lands  in  the  district  shall  be  entitled  to  vote  in  person 
or  by  proxy,  and  shall  have  the  right  to  cast  one  vote  for  each  acre  of  real  estate 
owned  by  him  in  the  irrigation  district,  such  ownership  to  be  determined  from  the 
next  preceding  assessment  roll  of  the  county  or  counties  in  which  the  lands  of  the  irri- 
gation district  are  situated  and  the  irrigation  board  shall,  prior  to  the  election,  cause 
to  be  prepared  and  certified  and  furnished  to  the  board  of  election  at  each  polling  place, 
a  true  and  correct  co2:»y  of  each  of  said  next  preceding  assessment  rolls  so  far  as  such 
assessment  roll  applies  to  any  lands  within  such  irrigation  district,  which  said  certified 
roll  shall  be  used  by  the  board  of  election  in  determining  the  number  of  votes  each  voter 
is  entitled  to  cast.  Executors,  administrators,  special  administrators  and  guardians 
may  cast  the  vote  of  the  estates  represented  by  them.  No  person  shall  vote  by  proxy 
at  such  election  unless  authority  to  cast  such  vote  shall  be  evidenced  by  an  instrument 
in  writing,  duly  acknowledged  and  certified  in  the  same  manner  as  grants  of  real  prop- 
ertj-  and  filed  with  the  board  of  election. 

Ballots.    Oath  of  election  ojG&cers.    Polls  open.    Canvass  of  votes.    Order  of  irrigation 

board.    Result  recorded. 

The  ballots  cast  at  such  election  shall  contain  the  words,  "bonds,  yes"  or  "bonds, 
no"  and  also  the  name  of  the  person  easting  the  ballot,  with  the  number  of  votes  cast 
by  hi.m.    A  list  of  the  ballots  cast  shall  be  made  by  the  board  of  election  containing  the 


I 


1309  IRRIGATIOX  AND  IRRIGATION  DISTRICTS.  Act  2266b 

name  of  each  voter,  and,  if  the  ballots  be  cast  by  proxy,  the  name  of  the  person  casting 
it  and  the  number  of  votes  cast  by  each  and  whether  the  same  be  cast  for  or  against 
the  issuing  of  bonds. 

If  any  person  appointed  as  a  member  of  the  board  of  election  shall  fail  to  attend  at 
the  opening  of  the  polls,  the  voters  then  pi-esent,  voting  individually,  may  appoint  in 
his  place  any  landholder  in  the  irrigation  district.  Each  member  of  said  board  of  elec- 
tion must,  before  entering  upon  his  duties,  take  and  subscribe  an  official  oath,  to  faith- 
fully perform  his  duties  as  an  officer  of  such  election,  which  oath  may  be  administered 
by  any  officer  authorized  to  administer  oaths,  or  by  a  landholder  in  the  irrigation 
district. 

The  polls  shall  be  kept  open  from  ten  o'clock  a.  m.  of  the  day  of  election  until  five 
o  'clock  p.  m.  of  that  day. 

At  the  close  of  the  polls  the  board  of  election  shall  at  once  proceed  to  canvass  the 
votes  and  declare  the  result  and  shall  forward  a  certificate  showing  such  result  and  the 
number  of  votes  cast  for  and  against  the  issuing  of  the  bonds  to  the  irrigation  board 
and  shall  also  deliver  to  the  said  irrigation  board  all  ballots  cast  at  such  election  and 
all  documents  and  papers  used  at  such  election. 

Said  irrigation  board  shall,  upon  the  receipt  of  such  canvass  and  declaration  of  the 
result  from  the  said  board  of  election,  proceed  to  examine  the  same  and  shall  ascertain 
and  declare  the  result  as  shown  by  such  canvass  and  declaration,  and  shall  enter  an 
order  in  its  minutes  that  the  said  proposition  for  the  issuance  of  said  bonds  has  been 
carried  or  defeated,  as  the  case  may  be. 

Forthwith,  upon  the  declaration  of  the  result  of  said  election  by  said  irrigation 
board,  the  secretary  of  said  board  shall  make  a  certified  copy  of  the  order  of  said 
board,  declaring  the  result  of  said  election,  and  shall  forward  said  certified  copy  or 
copies  to  the  recorder  or  recorders  of  the  counties  in  which  any  land  of  said  irrigation 
district  may  be  situated,  and  the  same  shall  forthwith  be  filed  and  recorded  in  said 
recorder  or  recorders'  office,  and  shall  impart  notice  to  all  interested  persons  as  to  the 
result  of  said  election.* 

Contest  of  election.    Hearing.    Decision  final.    Bonds  issued. 

Any  person  owning  property  within  the  said  irrigation  district,  liable  to  assessment, 
may  contest  such  election,  by  filing  a  written  contest  specifying  the  grounds  of  his  objec- 
tions thereto,  with  said  irrigation  board,  said  written  contest  to  be  filed  within  thirty 
days  after  the  declaration  of  the  result  of  said  election  by  said  irrigation  board,  and 
if  no  such  contest  and  objections  be  filed  within  thirty  days,  no  such  contest  and  objec- 
tions shall  thereafter  be  received  or  filed.  Such  written  contest  shall  specify  the 
ground  or  grounds  of  contest  to  said  election,  and  upon  the  filing  of  the  same  with  said 
irrigation  board  it  shall  expeditiously  set  the  said  contest  for  hearing,  and  shall  have 
the  right  to  postpone  the  hearing  for  such  time  as  may  be  necessary,  but  not  otherwise, 
and  shall  expeditiously  hear  and  determine  the  same.  For  the  purposes  of  such  hear- 
ing the  board  may  by  subpoena  signed  by  the  secretary  under  its  seal  compel  the 
attendance  of  witnesses  and  the  production  of  evidence.  Disobedience  of  such  subpoena 
or  of  any  lawful  order  of  the  board  in  the  premises  shall  constitute  a  contempt  of  the 
authority  of  the  board  punishable  by  the  board  in  accordance  with  title  five  of  part 
three  of  the  Code  of  Civil  Procedure,  and  shall  also  constitute  a  misdemeanor  under 
section  one  hundred  sixty-six  of  the  Penal  Code.  Said  irrigation  board  shall,  upon  the 
conclusion  of  said  hearing  of  said  contest,  proceed  forthwith  to  enter  its  order  and 
decision  thereon.  Such  decision  on  the  part  of  said  irrigation  board  shall  be  final,  con- 
clusive and  binding  upon  all  parties  interested  as  to  validity  and  as  to  result  of  such 
election  and  shall  be  subject  to  review  only  in  the  event  suit  is  brought  by  the  said 
irrigation  district  or  by  some  person  or  corporation  or  association  authorized  to  bring 


Act  22G6b  GENERAL   LAWS.  1310 

the  same  to  determine  the  question  of  the  validity  of  the  said  bond  issue,  and  in  the 
determination  and  adjudication  of  the  question  of  the  validity  of  said  bond  issue,  as 
hereinafter  specified,  the  court  may  review  and  consider  the  validity  of  said  election 
for  the  issuance  of  said  bonds,  but  in  such  action  the  certificate  and  determination  of 
said  irrigation  board  shall  be  received  and  accepted  by  the  court  as  prima  facie  evidence 
of  the  result  as  to  the  validity  of  said  election  and  the  regularity  of  the  canvassing, 
counting  and  return  of  the  votes  cast  at  said  election.  If  a  majority  of  the  votes  cast 
at  such  an  election  is  in  favor  of  the  issuance  of  bonds,  the  irrigation  board  shall  after 
canvassing  the  returns  and  declaring  the  result  of  said  election  cause  bonds  of  said 
irrigation  district  in  the  amount  stated  in  the  order  for  the  election  to  be  issued,  exe- 
cuted and  delivered  to  the  state  treasurer  of  the  state  of  California.  Said  bonds  shall 
be  of  the  denomination  of  not  less  than  one  hundred  dollars  nor  more  than  one  thou- 
sand dollars  each;  they  shall  be  signed  by  the  president  of  the  irrigation  board  and 
attested  by  the  secretary  thereof,  and  shall  be  numbered  consecutively  in  the  order  of 
their  maturity,  and  shall  bear  interest  at  the  rate  not  exceeding  six  per  centum  per 
annum,  payable  semiannually  on  the  first  day  of  January  and  the  first  day  of  July  in 
each  year,  at  the  oflBee  of  said  state  treasurer,  upon  the  presentation  of  the  proper  cou- 
pons therefor.  Coupons  for  each  installment  of  interest  shall  be  attached  to  said  bonds 
and  shall  bear  the  facsimile  signature  of  the  state  treasurer  of  the  state  of  California. 

Principal. 

The  principal  of  said  bonds  shall  be  made  payable,  by  an  order  entered  into  the 
minutes  of  the  irrigation  board,  upon  the  first  day  of  July  or  the  first  day  of  January, 
and  in  such  years  as  the  irrigation  board  may  prescribe.  Said  bonds  shall  be  payable 
serially  within  forty  years  from  their  date  in  the  manner  following,  to  wit: 

Amount  payable  yearly. 

Not  less  than  five  per  cent  of  the  aggregate  face  value  of  the  bonds  issued  shall  be 
payable  each  year,  beginning  not  later  than  the  twentieth  year  from  their  date  until 
the  whole  amount  of  said  bonds  have  been  paid. 

Said  irrigation  board,  subject  to  the  provisions  of  this  act,  is  authorized  and  em- 
powered to  take  all  such  actions  and  make  all  such  orders  as  may  be  necessary  in  con- 
nection with  the  issuance,  sale  and  disposition  of  said  bonds. 

Form  of  bonds. 

Said  bonds  may  be  substantially  in  the  following  form: 

UNITED  STATES  OF  AMERICA. 

STATE  OP  CALIFORNIA. 

No $ 

Name  of  district Irrigation  District 

Organized  under  California  irrigation  act  of  1919. 
(Name  of  district)  Irrigation  District,  for  value  received,  hereby  acknowledges  itself 
indebted  to  and  promises  to  pay  to  the  holder  hereof  at  the  office  of  the  state  treasurer 

of  the  state  of  California,  on  the  first  day  of 19 the  sum  of 

$ ,  in  gold  coin  of  the   United   States  of  America,  with  interest 

thereon  in  like  gold  coin  from  date  hereof  until  paid,  at  the  rate  of per  cent 

per  annum,  payable  at  the  office  of  said  treasurer  semiannually  on  the   first  day  of 
January  and  the  first  day  of  July  in  each  year  on  presentation  and  surrender  of  the 

interest  coupons  hereto  attached.    This  bond  is  one  of  a  series  of bonds  of 

like  tenor  and  effect,  except  as  to  denomination  and  maturity,  numbered  from 

to inclusive,  amounting  in  the  aggregate  to  $ issued  in 

accordance  with  the  California  irrigation  act  of  1919,  pursuant  to  an  election  held  in 
said  district  on  the day  of 19. . .,  authorizing  its  issuance 


1311  IRRIGATION  AXD  IRRIGATION  DISTRICTS.  Act  22e0b 

and  is  based  upon  and  seeui'ed  by  a  lien  upon  and  a  valuation  and  apporfionment  levied 
on  the  land  in  said  irrigation  district  and  filed  in  the  office  of  the  state  irrigation  board 

on  the day  of ,  19 ;  and  the  said  district  does  hereby 

certify  and  declare  that  said  election  was  duly  called  and  held  upon  due  notice,  and  the 
result  thereof  was  duly  canvassed  and  ascertained,  in  pursuance  of  and  in -strict  con- 
formity with  the  laws  of  the  state  of  California  applicable  thereto,  and  that  all  of  the 
acts  and  conditions  and  things  required  by  law  to  be  done  precedent  to  and  in  the  issue 
of  said  bonds  have  been  done  and  have  been  performed  in  regular  and  in  due  form  and 
in  strict  accordance  with  the  provisions  of  the  law  authorizing  the  issuance  of  such 
irrigation  district  bonds. 

In  testimony  whereof,  the  said  irrigation  district,  acting  by  and  through  the  irriga- 
tion board  of  the  state  of  California,  has  caused  this  bond  to  be  signed  by  the  president 
of  said  irrigation  board,  and  attested  by  the  secretaiy  thereof,  with  his  seal  of  office 

affixed,  this day  of ,19 

By 

President  of  said  board. 
Attest : 


Secretary  of  said  board. 
Form  of  interest  coupon. 

And  the  interest  coupon  may  be  substantially  in  the  following  form : 
No ..  $ 

The  state  treasurer  of  the  state  of  California  will  pay  to  the  holder  hereof  on  the 

day  of ,  19 ,  at  his  office -in  the  city  of  Sacramento, 

state  of  California,  the  sum  of  $ in  gold  coin  of  the  United  States  out 

of  the  funds  of irrigation  district for  interest  on 

bond  of  said  irrigation  district  numbered 


State  treasurer. 
Sale  of  bonds  by  state  treasurer.    Action  to  determine  if  bonds  are  legal  obligation. 

The  state  treasurer  shall  place  the  bonds  prepared  pursuant  to  this  act  to  the  credit 
of  the  irrigation  district  and  the  irrigation  board  may  in  its  discretion  direct  the  state 
treasurer  to  sell  the  whole  or  any  designated  number  of  said  bonds  for  the  best  price 
obtainable  therefor,  but  in  no  event  for  less  than  ninety  per  cent  of  the  face  value  of 
said  bonds  and  the  accrued  interest  thereon.  Before  making  a  sale  of  said  bonds, 
notice  shall  be  given  by  the  state  treasurer  by  publication  at  least  once  a  week  for 
three  weeks  in  a  newspaper  of  general  circulation  published  in  the  city  of  Sacramento, 
and  also  one  or  more  papers  in  the  county  in  which  the  greater  portion  of  said  irriga- 
tion district  is  situated,  that  he  will  sell  a  specified  amount  of  said  bonds,  and  stating 
the  day,  hour  and  place  of  such  sale,  and  asking  sealed  proposals  for  the  purchase  of 
said  bonds,  or  any  part  thereof.  At  the  time  appointed  the  state  treasurer  shall  open 
the  bids  and  award  the  bonds  to  the  highest  responsible  bidder.  He  may  reject  any 
and  all  bids.  Any  sale  by  the  state  treasurer  and  delivery  of  the  bonds  thereunder 
shall  be  conclusive  evidence  in  favor  of  the  purchaser  and  all  subsequent  holders  of  the 
bonds  that  such  sale  was  made  upon  due  authority  and  notice.  The  proceeds  of  sale 
of  said  bonds  shall  be  placed  in  the  state  treasury  to  the  credit  of  said  irrigation  dis- 
trict, and  a  proper  record  of  such  transaction  shall  be  made  upon  his  books.  At  any 
time  after  said  bonds  shall  have  been  delivered  to  the  state  treasurer,  an  action  may 
be  commenced  in  the  superior  court  of  the  county  within  which  is  situated  the  largest 
area  of  land  within  said  irrigation  district  by  the  irrigation  board  in  the  name  of  the 
irrigation  district  or  by  any  person  owning  property  within  the  said  irrigation  district 


Act  220Cb  GEIVERAI,   LAWS.  1312 

liable  to  assessment.  Such  action  shall  be  brought  and  prosecuted  against  the  lands 
in  said  irrigation  district  and  all  persons  owning  the  same  or  interested  therein,  to 
have  it  determined  as  to  whether  or  not  said  bonds  when  sold  will  be  a  legal  obligation 
of  such  irrigation  district.  It  shall  be  sufficient  to  describe  said  lands  as  all  lands  in 
the  irrio'ation  district  (naming  it)  without  a  more  specific  description.  The  summons 
shall  be  published  once  a  week  for  three  weeks  in  some  newspaper  of  general  circula- 
tion published  in  the  county  where  the  action  is  pending.  Within  thirty  days  after 
the  first  publication  of  summons  any  owner  of  land  in  such  irrigation  district,  or  any 
j)erson  interested,  may  appear  and  answer  the  complaint,  which  answer  shall  set  forth 
the  facts  relied  upon  to  show  the  invalidity  of  said  bonds.  The  default  of  all  defendants 
not  so  appearing  may  be  entered.  Such  action  shall  be  given  precedence  in  hearing  and 
trial  over  all  other  civil  actions  in  such  court  and  judgment  rendered  declaring  such 
matter  so  contested  either  valid  or  invalid.  Any  party  not  in  default  may  have  the 
right  to  appeal  to  the  supreme  court  within  thirty  days  after  entry  of  judgment  and 
said  appeal  and  the  hearing  thereof  shall  be  expedited  in  said  court.  Judgment  for  the 
jdaintiff  in  such  proceedings  shall  be  considered  as  a  judgment  in  rem  and  shall  be 
conclusive  against  said  district  and  against  all  lands  therein  and  all  owners  thereof  and 
all  other  interested  persons. 

Warrants. 

The  irrigation  board  may  draw  warrants  upon  the  state  treasurer  against  the  funds 
provided  by  sale  of  said  bonds. 

The  money  derived  from  the  sale  of  any  of  said  bonds  shall  be  received  by  the  state 
treasurer  and  shall  by  him  be  safely  kept  and  placed  to  the  credit  of  said  irrigation 
district  in  a  fund  to  be  designated  in  the  name  of  such  irrigation  district  for  the  said 
irrigation  district  and  may  be  drawn  and  expended  upon  warrants  drawn  against  said 
fund  as  in  this  act  provided. 

Bonds  legal  investment. 

Bonds  of  any  irrigation  district  issued  pursuant  to  the  provisions  of  this  act  which 
are  investigated  and  approved  by  any  commission  or  officer  now  or  hereafter  authorized 
by  a  law  of  this  state  to  conduct  such  approval  and  by  authority  of  which  approval 
said  bonds  are  declared  to  be  legal  investments  for  savings  banks  may  be  lawfully  pur- 
chased or  received  in  pledge  for  loans  by  banks,  trust  companies,  guardians,  executors, 
administrators  and  special  administrators,  or  by  any  public  officer  or  officers  of  this 
state,  or  of  any  county,  city,  city  and  county  or  other  municipal  or  corporate  body 
within  the  state  having  or  holding  funds  which  they  are  allowed  by  law  to  invest  or 
loan. 
Additional  bond  issue. 

If  after  said  irrigation  district  has  authorized  the  issuance  and  sale  of  a  series  of 
bonds  under  this  act,  it  shall  become  necessary  so  to  do  an  additional  bond  issue  or 
series  of  bonds  may  be  authorized  and  sold  and  all  proceedings  shall  be  had  and  taken, 
and  all  procedure  in  connection  with  said  second  issue  or  series  of  bonds  shall  be  had 
and  taken  in  accordance  with  the  provisions  of  this  act  as  to  the  first  issue  of  bonds; 
provided,  that  said  second  issue  or  series  of  bonds  shall  not  be  issued  so  as  to  in  any 
manner  interfere  with  the  lien  or  security  of  the  payment  of  the  first  issue  of  bonds, 
and  said  second  issue  or  series  of  bonds  shall,  as  to  the  lien  thereof  and  as  to  the 
security  of  same,  be  subsequent  and  subordinate  and  subject  to  such  first  bond  issue. 

MISCELLANEOUS. 
Not  applicable  to  counties  with  charter  or  city  and  county. 

^  19.  Nothing  in  this  act  contained  shall  affect,  or  apply  to,  any  irrigation,  protec- 
tion, flood  control,  conservation,  or  other  improvement  district  situated  wholly  or  in 


I 


I 


I 


1313  IRRIGATION  AND  IRRIGATION  DISTRICTS.  Act  2266c,  §§  1,  3 

part  within  any  county  which  has  adopted  a  charter  pursuant  to  section  seven  and  one- 
half  of  article  eleven  of  the  constitution  of  California,  ratified  and  approved  as  pro- 
vided therein,  prior  to  June  4,  1915,  or  within  any  city  and  county;  and  said  board 
shall  have  no  power  of  jurisdiction  within  any  of  said  districts  or  within  such  counties 
or  city  and  county. 

Stats.  1917,  p.  1068,  repealed.    Proceedings  initiated  under  former  acts. 

$  20.  The  California  irrigation  act,  approved  June  4,  1915,  and  chapter  six  hundred 
forty-six  of  the  statutes  of  1917,  approved  May  28,  1917,  amendatory  thereof,  are  hereby 
repealed;  but  any  petition  circulated  for  signature  pursuant  to  the  provisions  of  said 
amendatory  act  and  prior  to  the  effective  date  of  this  act  may  be  filed  as  though  pre- 
pared pursuant  to  the  provisions  hereof,  and  any  proceeding  initiated  under  said 
amendatory  act  but  not  completed  prior  to  the  effective  date  of  this  act,  may  be  com- 
pleted hereunder,  all  proceedings  subsequent  to  such  effective  date,  however,  to  be  in 
confomiity  with  the  provisions  hereof;  and  any  district  organized  under  the  provisions 
of  the  acts  hereby  repealed  sball  be  subject  in  all  respects  to  the  provisions  of  this  act; 
and  provided,  further,  that  such  repeal  shall  not  affect  the  tenure  of  office  of  the  present 
members  of  the  irrigation  board  and  that  neither  such  repeal  nor  anything  in  this  act 
contained  shall  affect  the  right  of  said  board  to  any  funds  heretofore  appropriated  for 
the  use  of  said  irrigation  board,  and  all  such  funds  heretofore  appropriated  shall  be 
used  by  said  board  to  the  extent  and  for  the  purposes  for  which  the  same  were  appro- 
priated. 

DISTRICT  CO-OPERATION  WITH  FEDERAL  RECLAMATION  SERVICE. 
ACT  2266c — An  act  to  authorize  irrigation  districts  to  co-operate  and  contract  wjth 
the  United  States  under  the  provisions  of  the  federal  reclamation  laws  for  a  water 
supply,  or  the  construction,  operation  or  maintenance  of  works,  including  drainage 
works,  or  for  the  assumption  by  the  district  of  indebtedness  to  the  United  States  on 
account  of  district  lands;  and  to  provide  the  manner  and  method  of  payments  to  the 
United  States  under  such  contract,  and  for  the  apportionment  of  assessments,  and 
levy  thereof,  upon  the  lands  of  the  district  to  secure  revenue  for  such  payments,  and 
to  provide  for  the  judicial  review  and  determination  of  the  validity  of  the  proceed- 
ings in  connection  with  such  contract. 

History:      Approved   May  5,   1917.     In   effect  July  27,   1917.     Stats. 
1917,  p.  243. 

Irrigation  districts  may  co-operate  with  the  United  States. 

§  1.  In  addition  to  the  powers  with  which  irrigation  districts  have  been  vested 
under  the  act  approved  March  31,  1897,  and  acts  amendatory  thereof  or  supplementary 
thereto  and  acts  of  or  to  which  said  act  is  amendatory  or  supplementary,  irrigation  dis- 
tricts heretofore  or  hereafter  organized  under  said  acts  shall  have  the  following  pow- 
ers: To  co-operate  and  contract  with  the  United  States  under  the  federal  reclamation 
act  of  June  17,  1902,  and  all  acts  amendatory  thereof  or  supplementary  thereto,  or  any 
other  act  of  congress  heretofore  or  hereafter  enacted  authorizing  or  permitting  such 
co-operation,  for  purposes  of  construction  of  works,  whether  for  irrigation  or  drain- 
age, or  both,  or  for  the  acquisition,  purchase,  extension,  operation  or  maintenance  of 
constructed  works,  or  for  a  water  supply,  or  for  the  assumption  as  principal  or  guar- 
antor of  indebtedness  to  the  United  States  on  account  of  district  lands. 

Powers  of  board  of  directors.    Transfer  of  bonds.    Appointment  as  fiscal  agent. 

$  2.  The  board  of  directors  shall  generally  perform  all  such  acts  as  shall  be  neces- 
sary to  carry  out  the  enlarged  powers  in  this  act  enumerated.  Said  board  may  enter 
into  any  obligation  or  contract  with  the  United  States  for  the  aforesaid  purposes,  and 
may  provide  therein  for  the  delivery  and  distribution  of  water  for  the  lands  of  such 

Gen.  Laws — 83 


Act  2266c,  §  3  GE^NE^RAL   LAWS.  1314 

district  under  the  aforesaid  acts  of  congress  and  the  rules  and  regulations  established 
thereunder.  The  contract  may  provide  for  the  conveyance  to  the  United  States  as  par- 
tial consideration  for  the  privileges  obtained  by  the  district  under  said  contract,  of 
water  rights  or  other  property  of  the  district;  and  in  case  contract  has  been  or  may 
hereafter  be  made  with  the  United  States  as  herein  provided,  bonds  of  the  district  may 
be  transferred  to,  or  deposited  with  the  United  States,  if  so  provided  by  said  contract 
and  authorized  as  hereinafter  set  forth,  at  not  less  than  ninety-five  per  cent  of  their 
par  value,  to  the  amount  to  be  paid  by  the  district  to  United  States  or  any  part  thereof; 
the  interest,  or  principal,  or  both,  on  said  bonds  to  be  raised  by  assessment  and  levy 
as  hereinafter  prescribed,  and  to  be  regularly  paid  to  the  United  States  and  applied  as 
provided  in  said  contract.  Bonds  transferred  to  or  deposited  with  the  United  States 
may  call  for  the  payment  of  such  interest  not  exceeding  six  per  cent  per  annum,  may 
be  of  such  denomination,  and  may  call  for  the  repayment  of  the  principal  at  such  times 
as  may  be  agreed  upon  between  the  board  and  the  secretary  of  the  interior.  The  con- 
tract with  the  United  States  may  likewise  call  for  the  payment  of  the  amount  ov 
amounts  to  be  paid  by  the  district  to  the  United  States  or  any  part  thereof  at  such 
times  and  in  such  installments  and  with  such  interest  charges  not  exceeding  the  afore- 
said rate  as  may  be  agreed  upon,  and  for  assessment  and  levy  therefor  as  hereinafter 
provided.  Moreover  the  board  may  accept  on  behalf  of  the  district,  appointment  of 
the  district  as  fiscal  agent  of  the  United  States,  or  authorization  of  the  district  by  the 
United  States  to  make  collection  of  moneys  for  or  on  behalf  of  the  United  States  in  con- 
nection with  any  federal  reclamation  pi'ojeet,  whereupon  the  district  shall  be  author- 
ized so  to  act  and  to  assume  the  duties  and  liabilities  incident  to  such  action,  and  the 
said  board  shall  have  full  power  to  do  any  and  all  things  required  by  the  federal  statutes 
now  or  hereafter  enacted  in  connection  therewith,  and  all  things  required  by  the  rules 
and  regulations  now  or  that  may  hereafter  be  established  by  any  department  of  the 
federal  government  in  regard  thereto.  Districts  co-operating  with  the  United  States 
may  rent  or  lease  water  to  private  lands,  entrymen,  or  municipalities  in  the  neighbor- 
hood of  the  district,  in  pursuance  of  contract  with  the  United  States. 

Election  on  proposal  to  enter  contract.    Notice.    Ballots. 

$  3.  Any  proposal  to  enter  into  a  contract  with  the  United  States  for  the  repayment 
of  construction  moneys,  the  cost  of  a  water  supply  or  the  acquisition  of  property,  and 
to  issue  bonds,  if  any  be  proposed,  shall  be  voted  upon  at  an  election  wherein  proceed- 
ings shall  be  had  in  so  far  as  applicable  in  the  manner  provided  in  the  case  of  the 
ordinary  issuance  of  district  bonds.  Said  proposal,  with  such  plans  and  estimates  of 
cost  as  have  been  made  in  connection  therewith,  shall  be  submitted  to  the  state  engi- 
neer for  his  examination  and  report,  and  the  proceedings  in  that  regard  shall  be  in 
accord  with  section  thirty  of  the  act  approved  March  31,  1897,  as  amended,  in  so  far 
as  the  same  may  be  applicable.  Notice  of  the  election  herein  provided  for  shall  con- 
tain in  addition  to  the  information  required  in  the  case  of  ordinary  bond  election  a 
statement  of  the  maximum  amount  of  money  to  be  payable  to  the  United  States  for 
construction  purposes,  cost  of  water  supply  and  acquisition  of  property,  exclusive  of 
penalties  and  interest,  together  with  a  general  statement  of  the  property,  if  any,  to  be 
conveyed  by  the  district  as  hereinabove  provided.  The  ballots  at  such  election  shall 
contain  a  brief  statement  of  the  general  purpose  of  said  contract  and  the  amount  of 
the  obligation  to  be  assumed,  as  aforesaid,  with  the  words  "Contract — Yes,"  and 
Contract — jSTo,"  or  "Contract  and  bonds — Yes,"  and  "Contracts  and  Bonds — No,"  as 
the  case  may  be.  The  board  of  directors  may  submit  any  such  contract  or  proposed 
contract  and  bond  issue  if  any,  to  the  superior  court  of  the  county  wherein  is  located 
the  office  of  said  board  to  determine  the  validity  thereof  and  the  authority  of  the 
board  to  enter  into  such  contract,  and  the  authority  for  and  validity  of  the  issuuuv;c'  and 


1315  IRRIGATION  AND  IRRIGATION  DISTRICTS.  Act  2266c,  §§  4-7 

deposit  or  transfer  of  said  bonds;  whereupon  the  same  proceedings  shall  be  had  as  in 
the  ordinary  case  of  the  judicial  determination  of  the  validity  of  bonds  and  with  like 
effect. 

Distribution  of  water. 

$  4.  All  water,  the  right  to  the  use  of  which  is  acquired  by  the  district  under  any 
contract  with  the  United  States  shall  be  distributed  and  apportioned  by  the  district  in 
accordance  with  the  acts  of  congress  applicable  thereto,  the  rules  and  regulations  of  the 
secretary  of  the  interior  thereunder,  and  the  provisions  of  said  contract,  and  provision 
may  be  made  in  the  contract  between  the  district  and  the  United  States  for  the  refusal 
of  water  service  to  any  or  all  lands  which  may  become  delinquent  in  the  payment  of 
any  assessment  levied  for  the  purpose  of  carrying  out  any  contract  between  the  district 
and  the  United  States. 

Rights  of  way  conveyed. 

$  5.  Any  rights  of  way  or  other  property  owned  or  acquired  by  the  district  may  be 
conveyed  by  the  boai-d  to  the  United  States  in  so  far  as  the  same  may  be  needed  for 
the  construction,  operation  and  maintenance  of  works  by  the  United  States  for  the 
benefit  of  the  district  under  any  contract  that  may  be  entered  into  with  the  United 
States  pursuant  to  this  act. 

Payments  by  annual  assessment. 

$  6.  All  payments  due  or  to  become  due  to  the  United  States  under  any  contract 
between  the  district  and  the  United  States,  including  such  payments  of  interest  and 
principal  on  bonds  as  may  be  required  in  connection  with  a  deposit  or  transfer  thereof 
to  the  United  States,  shall  be  paid,  unless  otherwise  provided  by  contract,  by  revenue 
derived  from  annual  assessments,  apportioned  as  hereinafter  prescribed,  and  levies 
thereof,  upon  such  real  property  within  the  district  as  may  be  assessable  for  district 
purposes  under  the  laws  of  the  state,  and  such  real  property  shall  be  and  remain  liable 
to  be  assessed  and  levied  upon  for  such  payments  as  herein  provided.  It  shall  be  the 
duly  of  the  board  of  directors  annually  to  levy  an  assessment  sufficient  to  raise  the 
money  necessary  to  meet  all  payments  when  due  as  provided  in  the  contract.  All 
money  collected  in  pursuance  of  such  contract  by  assessments  and  levies,  or  otherwise, 
shall  be  paid  into  the  district  treasury  and  held  in  a  fund  to  be  known  as  the  "United 
States  contract  fund,"  to  be  used  for  payments  due  to  the  United  States  under  any 
such  contract.  Public  lands  of  the  United  States  within  any  district  shall  be  subject 
to  assessment  for  all  purposes  of  this  act  to  the  extent  provided  for  by  the  act  of  con- 
gress approved  August  11,  1916,  entitled  "An  act  to  promote  reclamation  of  arid 
lands,"  or  any  other  law  which  may  hereafter  be  enacted  by  congress  in  the  same 
relation,  upon  full  compliance  therewith  by  the  district.  Nothing  in  this  act  contained 
shall  be  construed  to  relieve  the  district  from  obligation  to  pay  as  a  district  in  case  of 
default  of  any  land,  unless  so  provided  by  the  said  contract  between  the  district  and 
the  United  States. 

Apportionment  of  assessment. 

$  7.  The  assessment  required  in  any  year  to  meet  the  payment  due  to  the  United 
States  for  all  purposes  under  the  contract  as  in  this  act  provided  may  be  apportioned  in 
accordance  with  the  benefits,  and  in  the  ascertainment  of  such  benefits  there  shall  be 
taken  into  account  the  provisions  of  the  contract  between  tht  United  States  and  the 
district,  the  federal  laws  applicable  thereto,  and  the  notices  and  regulations  issued  in 
pursuance  of  said  laws,  and  in  case  such  contract  is  for  the  assumption  by  the  district 
as  principal  or  guarantor  of  indebtedness  to  the  United  States  theretofore  existing  on 


Act  2266d,  §§  1, 2  GENERAL.   LAWS.  1316 

account  of  district  lands,  there  shall  be  further  taken  into  account  the  provisions  of 
existing  contracts  carrying  such  indebtedness  and  the  amounts  of  such  liens  as  may 
be  released  in  pursuance  of  the  contract  between  the  United  States  and  the  district. 

Change  in  boundaries. 

§  8.  Where  contract  shall  have  been  entered  into  between  the  United  States  and 
any  irrigation  district  the  district  shall  not  be  dissolved,  nor  shall  the  boundaries  be 
changed,  except  upon  written  consent  of  the  secretary  of  the  interior  filed  with  the 
official  records  of  the  district.  If  such  consent  be  given  and  lands  be  excluded,  the 
areas  excluded  shall  be  free  from  all  liens  and  charges  for  payments  to  become  due  to 
the  United  States. 

Acts  in  force. 

5  9.  The  provisions  of  the  general  irrigation  district  act,  approved  March  31,  1897, 
and  acts  amendatory  thereof  or  supplemental  thereto,  shall  be  and  remain  in  force  as 
regards  in-igation  districts  in  this  act  referred  to  except  in  so  far  as  herein  modified 
expressly  or  by  necessary  implication;  and  nothing  in  this  act  shall  be  so  construed 
as  to  affect  irrigation  district  operations  not  related  to  co-operation  with  the  United 
States.  However,  the  provisions  of  section  fifty-three  of  said  act,  approved  March  31, 
1897,  shall  not  apply  in  case  of  any  contract  between  an  irrigation  district  and  the 
United  States. 

CONTRACTS  WITH  FEDERAL  RECLAMATION  SERVICE. 

ACT  2266d — An  act  authorizing  and  empowering  irrigation  and  reclamation  districts 

to  enter  into  contracts  with  the  United  States  reclamation  service  for  the  reclamation 

of  lands  within  such  districts  under  the  provisions  of  the  so-called  "twenty  year 

extension  act. ' ' 

History:     Approved  May  21,  1917.     In  effect  July  27,   1917.     Stats. 
1917,  p.  781. 

Irrigation  and  reclamation  districts  may  contract  with  the  U.  S.  Reclamation  Service. 
$  1.  The  board  of  trustees,  or  directors  of  any  irrigation  or  reclamatiou  district 
now  organized  under  the  provisions  of  the  laws  of  the  State  of  California,  or  of  any  irri- 
gation or  reclamation  district  hereafter  organized  under  the  laws  of  the  state  of  Cali- 
fornia, may,  in  their  discretion,  whenever  it  is  determined  by  such  board  that  it  is  for 
the  best  interests  of  such  districts,  enter  into  a  contract  with  the  proper  officers  of  the 
United  States  Reclamation  Service  for  the  reclamation,  either  by  drainage  or  irrigation 
of  lands  within  the  boundaries  of  such  district,  or  by  preventing  high  water  from  over- 
flowing the  same,  under  the  provisions  of  an  act  of  congress  approved  August  13,  1914, 
entitled  "An  act  extending  the  period  of  pa3'ment  under  reclamation  projects,  and  for 
other  purposes,"  which  act  is  commonly  known  as  the  twenty  year  extension  act,  and 
from  and  after  the  execution  of  such  contract,  the  amount  of  indebtedness  created 
thereby  shall  be  and  become  a  lien  upon  the  lands  to  be  benefited  by  such  reclamation 
work. 

Payment  of  amounts  due. 

$  2.  The  board  of  trustees  or  directors  of  any  irrigation  or  reclamation  district 
above  mentioned,  shall  provide  by  a  resolution  duly  adopted  at  a  regular  meeting,  or 
special  meeting  of  such  board  called  for  the  purpose,  for  the  payments  of  the  amounts, 
to  become  due  under  the  contract  with  the  United  States,  according  to  the  provisions 
of  such  contract,  by  assessment  upon  the  lands,  in  such  district,  which  are  to  be  bene- 
fited by  such  work,  such  assessment  to  be  collected  by  the  tax  collector  of  the  county 
within  which  such  lands  are  situated,  the  same  as  other  taxes  are  collected,  or  by  any 
other  officer  authorized  by  law  to  collect  assessments  within  said  district. 


1317  IRRIGATION  AND  IRRIGATION  DISTRICTS.  Act  226«e,  §§  1-3 

DEFINING  "PRIVATE  IRRIGATION  PLANT." 
ACT  2266e — An  act  defining  a  private  irrigation  plant  and  mutual  water  company  and 
providing  the  conditions  under  which  the  owner  of  a  private  irrigation  plant  or  a 
mutual  water  company  may  deliver  water  to  others  or  others  than  its  stockholders  or 
members  without  becoming  a  public  utility,  and  limiting  such  authority  to  the  time 
the  United  States  is  a  party  to  war  or  to  a  state  of  war;  and  declaring  this  act  to  be 
an  urgency  measure. 

History:     Approved  May  5,  1917.    In  effect  immediately.    Stats.  1917, 
p.  281. 

'  *  Private  irrigation  plant. "    "  Mutual  water  company. ' ' 

$1,  (a)  The  term  "private  irrigation  plant,"  when  used  in  this  act,  shall  be  con- 
strued to  mean  a  water  system  which  is  not  operated  by  a  mutual  water  company  a« 
herein  defined  or  by  a  public  utility  as  defined  in  the  public  utilities  act,  approved 
December  23,  1911,  and  acts  amendatory  thereof,  or  in  the  act  entitled  "An  act  provid- 
ing for  the  regulation  of  water  companies,  defining  their  powers  and  duties,  defining 
the  powers  and  duties  of  the  railroad  commission  with  reference  thereto,  and  defining 
the  conditions  under  which  such  water  companies  become  subject  to  the  provisions  of 
the  public  utilities  act  and  the  railroad  commission  of  the  state  of  California,"  ap- 
proved April  25,  1913. 

(b)  The  term  "mutual  water  company,"  when  used  in  this  act,  means  any  private 
corporation  or  association  organized  for  the  purpose  of  delivering  water  solely  to  its 
stockholders  or  members  at  cost. 

Water  may  be  delivered  to  other  than  stockholders,  when  statement  filed  with  railroad 

commission. 

$  2.  For  the  sole  purpose  of  increasing  the  output  of  agricultural  products  in  this 
state  during  the  time  the  United  States  is  a  party  to  war  or  to  a  state  of  war,  the 
owner  of  any  private  irrigation  plant  or  any  mutual  water  company  may  at  its  option 
deliver  water  to  others  or  others  than  its  stockholders  or  members,  with  or  without 
compensation,  without  becoming  a  public  utility  subject  to  the  jurisdiction  of  the  rail- 
road commission  of  the  state  of  California ;  provided,  that  no  delivery  of  water  to  others 
than  stockholders  or  members  shall  be  authorized  until  the  orders  for  water  of  all 
stockholders  or  members  made  in  accordance  with  the  constitution,  by-laws,  rules  or 
regulations  of  such  mutual  water  company  have  been  filled;  and  provided,  further, 
that  the  temporary  service  herein  authorized  shall  not  be  construed  as  granting  any 
right  to  render  or  receive  such  service  more  than  six  months  after  such  war  need  has 
ceased;  and  provided,  further,  that  after  June  first,  one  thousand  nine  hundred  seven- 
teen, no  such  temporary  service  of  water  shall  be  made  unless  a  statement  is  first  filed 
with  the  railroad  commission  stating  the  private  irrigation  plant  or  mutual  water  com- 
pany rendering  such  service,  the  party  receiving  such  service,  the  lands  irrigated  and 
the  rate,  if  any,  charged  for  such  service. 

Urgency  measure. 

§  3.  This  act  is  hereby  declared  to  be  an  urgency  measure,  and  under  the  provisions 
of  section  one  of  article  IV  of  the  constitution  of  the  state  of  California  shall  take 
effect  immediately.  The  facts  constituting  such  urgency  are  as  follows :  The  United 
States  is  now  in  a  state  of  war  and  there  is  a  shortage  of  crops  in  this  state  and 
throughout  the  nation  generally.  It  is  therefore  necessary  for  the  immediate  preserva- 
tion of  public  safety  that  this  act  take  effect  immediately  so  that  the  use  of  water  in 
the  irrigated  area  and  the  resulting  crop  returns  of  the  state  may  be  increased  to  the 
maximum  output  without  delay. 


Act  22CCf,  8§  1-C  GENERAL   LAWS.  1318 

DISTRICT  CO-OPERATION  WITH  ADJOINING  DISTRICTS  IN  OTHER  STATES. 

ACT  2266f — An  act  to  provide  for  co-operation  in  acquisition,  construction  and  man- 
agement of  irrigation  and  drainage  works  between  irrigation  districts  organized  or 
existing  under  or  by  virtue  of  an  act  entitled  "An  act  to  provide  for  organization  and 
government  of  irrigation  districts  and  to  provide  for  the  acquisition  thereby  of  works 
for  the  irrigation  of  the  lands  embraced  within  such  districts,  and  also  to  provide  for 
the  distribution  of  water  for  irrigation  purposes,"  approved  March  31,  1897,  and 
contiguous  or  adjoining  districts  in  or  organized  under  the  laws  of  other  states. 
History:  Approved  May  23.  1917.  In  effect  July  27,  1917.  Stats. 
1917,  p.  905. 

Irrigation  districts  may  co-operate  with  districts  in  adjoining  states. 

^  1.  It  shall  be  lawful  for  irrigation  districts  organized  or  existing  under  or  by 
virtue  of  an  act  entitled  "An  act  to  provide  for  the  organization  and  government  of 
irrigation  districts,  and  to  provide  for  the  acquisition  or  construction  thereby  of  works 
for  the  irrigation  of  the  lands  embraced  within  such  districts,  and  also  to  provide  for 
the  distribution  of  water  for  irrigation  purposes,"  approved  March  31,  1897,  to  enter 
into  agreements  with  irrigation  districts  in  adjoining  states  for  the  joint  construction, 
acquisition,  management  and  control  of  diverting,  impounding  or  distributing  works 
for  ii-rigation  or  draining  the  lands  within  the  boundaries  of  their  respective  districts. 

Contracts. 

5  2.  Such  agreements  may  be  evidenced  by  written  contracts  executed  on  behalf  of 
their  respective  boards  of  directors  or  trustees,  or  by  resolutions  entered  upon  their 
respective  minutes.  Such  contracts  or  certified  copies  thereof  and  certified  copies  of 
such  resolutions  shall  be  recorded  in  the  office  of  the  county  recorder  in  each  county 
in  which  is  situated  any  of  the  lands  of  said  districts  or  any  of  the  reservoir  sites  or 
other  real  property  owned  by  said  districts  or  acquired  under  the  provisions  of  this  act. 

Ownership  of  property. 

§  3.  Such  agreements  may  provide  for  joint  or  several  OAvnership  or  ownership  in 
common  of  the  property,  necessary  or  convenient  for  the  purposes  of  this  act  and  may 
provide  for  the  terms  and  conditions  under  which  or  the  respective  proportions  in 
which  such  property  shall  be  held.  Any  rights  or  disputes  arising  out  of  or  from  said 
agreements  may  be  tried  before  and  enforced  by  any  court  of  competent  jurisdiction 
in  the  state. 

Meetings  held  in  adjoining  state  legal. 

§  4.  Any  meeting  of  the  board  of  drectors  of  any  such  district,  held  in  conjunction 
with  the  board  of  directors  of  the  co-operating  district,  in  such  district  in  the  adjoining 
state,  if  duly  and  regularly  called  as  required  by  law  or  if  regularly  adjourned  to,  shall 
be  as  lawful  and  valid  as  if  held  at  the  office  of  the  board  of  directors  of  such  district 
in  this  state. 

Lawful  to  divert  water  from  state. 

^  5.  It  shall  be  lawful,  for  the  purposes  of  such  co-operative  action  to  divert  water 
from  this  state  for  impounding  in  the  adjoining  state  or  otherwise  for  distribution  to 
the  lands  of  the  co-operating  districts  regardless  of  the  state  in  which  such  lands  are 
situated  or  to  divert  water  from  such  adjoining  state  for  impounding  or  otherwise  for 
distribution  to  the  lands  of  such  co-operating  districts  in  this  or  the  adjoining  state. 

Districts  may  hold  property  in  adjoining  state. 

^  6.  So  far  as  may  be  necessary  for  fully  carrying  out  the  purposes  of  this  act  such 
co-operating  district  in  the  adjoining  state  may  hold  title  to  property,  in  this  state  and 
such  co-operating  district  in  this  state  may  hold  title  to  property  in  the  adjoining  state. 


i 


1310  IRRIGATION  AJVD  IRRIGATION  DISTRICTS.        Acts  2266i£,  2::CCli,  g  1 

DRAINAGE  BY  IRRIGATION  DISTRICTS. 
ACT  2266g — An  act  to  provide  for  drainage  by  irrigation  districts. 

History:     Approved  March  18,  1907.     Stats.  1907,  p.  569. 

Irrigation  district  may  provide  for  drainage. 

§  1.  Any  irrigation  district  heretofore  organized  or  hereafter  to  be  organized  under 
the  laws  relating  to  such  districts  may  provide  for  any  and  all  drainage  made  necessary 
by  the  irrigation  provided  for  by  such  laws;  and  the  officers,  agents  and  employees  of 
such  districts  shall  have  the  same  powers,  duties  and  liabilities  respecting  such  drainage, 
and  the  construction,  repair,  maintenance,  management  and  control  thereof  as  they  now 
have  or  may  hereafter  have  respecting  such  irrigation,  and  all  laws  respecting  such 
irrigation  or  such  irrigation  districts  shall  be  so  construed,  applied  and  enforced  as  to 
apply  to  such  drainage  as  well  as  such  iiTigation. 

Duty  of  board  of  directors. 

§  2.  Whenever  it  appears  necessary,  or  proper,  or  beneficial  to  the  lands  affected 
thereby,  to  drain  such  lands  or  any  portion  thereof  on  account  of  the  irrigation  which 
has  been  done,  or  which  is  intended  to  be  done  under  such  laws,  whether  for  the  pur- 
pose of  more  beneficially  carrying  on  such  irrigation,  or  to  protect  such  districts  from 
liability  by  reason  of  such  irrigation,  whether  the  irrigation  works  have  already  been 
constructed  or  not,  it  shall  be  the  duty  of  the  board  of  directors  to  provide  for  such 
drainage,  and  said  board  and  its  officers,  agents  and  employees  shall  do  all  necessary 
and  proper  acts  for  the  construction,  repair,  maintenance  and  management  of  drainage 
work  for  such  purpose. 

Time  of  taking  effect  of  act. 

§  3.     This  act  shall  take  effect  immediately. 

DEVELOPMENT  OF  ELECTRIC  POWER. 
ACT  2266h — An  act  to  provide  for  the  development  of  electric  power  by  irrigation 
districts. 

History:     Approved  May  21,  1919.     In  effect  July  22,  1919.     Stats. 
1919,  p.  778. 

Irrigation  districts  may  maintain  electrical  power  plants. 

$  1.  Any  irrigation  district  heretofore  organized  or  hereafter  to  be  organized  under 
the  laws  relating  to  such  district  may  provide  for  the  construction,  operation,  leasing 
and  control  of  plants  for  the  generation,  distribution,  sale,  and  lease  of  electrical 
energy,  including  sale  to  municipalities,  corporations,  public  utility  districts  or  indi- 
viduals, of  electrical  power  so  generated;  and  said  district,  subject  however  to 
the  conditions  in  this  section  contained,  may  make  special  appropriations  of 
water  for  power  purposes,  as  required  bj'  law;  provided,  however,  that  any  use  of 
water  for  generating  such  electrical  power  or  energy  at  any  given  time  of  the  year, 
which  use  is  in  excess  of  the  water  appropriated  and  beneficially  used  for  irrigation 
puiposes  by  such  district  at  said  period  of  the  year,  shall  be  subject  to  all  prior  exist- 
ing appropriations  by  any  municipal  corporation,  who  or  which  is  proceeding  in  good 
faith  in  the  expenditure  of  money  and  the  construction  of  works  designed  to  divert  the 
water  appropriated;  and  the  officers,  agents,  and  employees  of  such  districts  shall  have 
the  same  powers,  duties  and  liabilities  respecting  such  power  and  the  construction, 
repair,  maintenance,  management,  and  control  thereof  as  they  now  have  or  may  here- 
after have  respecting  such  irrigation  or  such  irrigation  districts.  The  California  irri- 
gation district  act  shall  be  so  construed,  applied  and  enforced  as  to  apply  to  suoh 
power  as  well  as  such  in-igation. 


Acta  2266J,  22C7  GBKKRAL.   LAWS.  1320 

Management  of  works. 

^  2.  The  board  of  directors  of  any  irrigation  district  and  its  officers,  agents,  and 
employees,  shall  do  all  necessary  and  proper  acts  for  the  construction,  repair,  mainte- 
nance, and  management  of  such  electrical  power  works  for  such  puiposes. 

Bonds. 

$  3.  In  case  funds  are  not  otherwise  available  the  irrigation  district  may  issue  bonds 
for  such  purpose  and  all  of  the  provisions  of  the  California  irrigation  district  act,  relat- 
ing to  the  issuance  of  bonds  for  other  purposes  in  so  far  as  the  same  are  applicable  to 
said  bonds  shall  apply. 

Repealed. 

v3  4.  All  acts  or  parts  of  acts  in  conflict  with  any  of  the  provisions  of  this  act  are 
hereby  repealed. 

ASSESSMENT  OF  STATE  LAND. 
ACT  2266J — An  act  to  promote  the  reclamation  of  arid  land  and  to  provide  that  certain 
land  belonging  to  the  state  of  California,  within  the  boundaries  of  an  irrigation  dis- 
trict shall  be  subject  to  the  assessments  levied  in  said  district. 

History:      Approved  May  25,  1917.     In  effect  July  27,  1917.     Stats. 
1917,  p.  936. 

State  lands  within  irrigation  districts  subject  to  assessment. 

§  1.  Whenever  there  shall  be  included  in  any  irrigation  district  organized  and  exist- 
ing under  the  laws  of  this  state,  public  lands  belonging  to  the  state  subject  to  entry, 
or  which  have  been  entered,  and  for  which  no  certificates  of  purchase  have  been  issued, 
such  lands  are  hereby  made  and  declared  to  be  subject  to  all  of  the  provisions  of  law 
relating  to  the  organization,  government  and  regulation  of  irrigation  districts  to  the 
same  extent  and  in  the  same  manner  in  which  the  lands  of  a  like  character  held  under 
private  ownership  are  or  may  be  subject  to  such  law;  provided,  however,  that  nothing 
herein  contained  shall  be  construed  as  creating  any  obligation  against  the  state  of  Cali- 
fornia to  pay  any  of  said  charges,  assessment  or  debt. 

Notices  served  on  surveyor  general. 

^  2.  All  notices  required  by  the  act  under  which  such  district  is  organized  shall, 
as  soon  as  such  notices  are  issued,  be  served  upon  the  surveyor  general  of  the  state  of 
California  by  mailing  to  his  office  a  copy  thereof  enclosed  in  a  sealed  envelope  with 
postage  prepaid. 

Assessment  lien. 

$  3.  No  public  lands  which  were  unentered  at  the  time  any  assessment  was  levied 
against  the  same  by  such  iiTigation  district  shall  be  sold  for  such  assessment,  but  such 
assessment  shall  be  and  continue  a  lien  upon  such  land,  and  no  patent  shall  issue  there- 
for until  the  applicant  shall  present  a  certificate  from  the  proper  district  oflScer  show- 
ing that  no  unpaid  assessments  or  charges  are  due  and  delinquent  against  said  land. 

COUNTY  IRRIGATION  DISTRICTS. 
ACT  2267— An  act  to  provide  for  the  formation,  management  and  dissolution  of  comity 
irrigation  districts;  for  supplying  the  inhabitants  thereof  with  water;  for  levying 
and  collecting  taxes  on  property  in  such  districts;  and  for  the  issuance  of  county 
irrigation  district  bonds  and  the  payment  thereof. 

History:    Approved  June  13,  1913.    In  effect  August  10,  1913.    Stats. 
1913,  p.  785.     See  editor's  note. 

Kditor'M  note:  The  title  of  this  act  was  word  "waterworks"  In  the  place  of  the 
nmended  June  5,  1915.  In  effect  August  8,  word  "Irrlg-atlon,"  where  It  appears.  Twelve 
1015,   Stats.   1915,   p.   1188,   by   Inserting  the       of  the  sixteen  sections  of  the  original   act 


t 


13iX  IRRIGATION  AND  IRRIGATION  DISTRICTS.  Acts  2267a,  2267b, 

691.2 

were  amended  by  the  same  act,  and  a  new       which  the  new  act  will  be  found  In  full  in 
sectiftn    added,    making    a    "county    water-        the  chapter  on  "water  districts." — See,  post, 
works   districts"    law    instead   of   a   "county       Act  5505. 
irrigation  districts"  law;  in  consequence  of 

VALIDATION  OF  COUNTY  IRRIGATION  DISTRICTS. 
ACT  2267a — An  act  to  validate  the  formation  of  certain  districts  formed  under  the  pro- 
visions of  an  act  entitled  "An  act  to  provide  for  the  formation,  management  and 
dissolution  of  county  irrigation  districts;  for  supplying  the  inhabitants  thereof  with 
water;  for  levying  and  collecting  taxes  on  property  in  such  districts;  and  for  the 
issuance  of  county  irrigation  district  bonds  and  the  payment  thereof,"  approved 
June  13,  1913,  and  to  validate  the  issuance  and  sale  of  certain  bonds  thereof. 

History:     Approved  April  10,  1915.    In  effect  August  8,  1915.     Stats. 
1915,  p.  48. 

County  irrigation  districts  validated. 

$  1.  In  any  district,  organized,  or  attempted  to  be  organized,  under  the  provisions  of 
an  act  entitled  "An  act  to  provide  for  the  formation,  management  and  dissolution  of 
county  irrigation  districts;  for  supplying  the  inhabitants  thereof  with  water;  for  levy- 
ing and  collecting  taxes  on  property  in  such  districts;  and  for  the  issuance  of  county 
irrigation  district  bonds  and  the  payment  thereof,"  approved  June  13,  1913,  or  as  the 
same  may  have  been  or  shall  be  amended  at  the  time  this  act  becomes  effective,  where 
acts  or  proceedings  have  been  taken  for  the  purpose  of  the  formation  of  such  a  district, 
and  of  authorizing  the  issuance  and  sale  of  bonds;  and  where  the  formation  of  such 
district  and  the  authorization  of  such  issue  and  sale  of  bonds  shall  have  been  approved 
by  a  majority  vote  of  the  qualified  electors  of  such  district  voting  upon  the  question  of 
the  formation  of  such  district  and  the  authorization  of  the  issuance  and  sale  of  such 
bonds,  all  such  acts  and  proceedings  leading  up  to  and  including  the  formation  of  any 
such  district  and  the  authorization  of  the  issuance  and  sale  of  any  such  bonds,  are 
hereby  legalized,  ratified,  confirmed,  and  declared  validated  to  all  intents  and  purposes, 
and  the  power  of  anj-^  such  district  and  of  the  pi'oper  officers  to  issue  and  sell  such  bonds 
is  hereby  ratified,  confirmed,  and  declared,  and  any  such  bonds  already  sold  at  not  less 
than  their  par  value  are  declared  to  be,  and  any  such  bonds  hereafter  sold  at  not  less 
than  their  par  value  shall  be,  a  legal  and  binding  obligation  of  and  against  such  district, 
having  heretofore  authorized  the  issuance  and  sale  of  such  bonds,  and  the  faith  and 
credit  of  any  such  district  is  hereby  pledged  for  the  prompt  pajrment  and  redemption 
of  the  principal  and  interest  of  said  bonds  of  such  district,  in  the  manner  provided  in 
said  act.  or  as  the  same  may  be  amended. 

"COUNTY  POWER  PUMPING  DISTRICT  ACT." 
ACT  2267b — An  act  to  provide  for  the  formation,  management  and  dissolution  of 
county  power  pumping  districts;  for  suppl3ring  the  land  owners  and  inhabitants 
thereof  with  water  and  with  the  power  necessary  to  pump  the  same;  for  the  levy 
and  collection  of  taxes  on  property  in  such  districts;  and  for  the  issuance  of  county 
power  pumping  district  bonds  and  for  the  payment  thereof. 

History:     Approved  June  11,  1915.    lu  effect  August  10,  1915.    Stats. 
1915,  p.  1483. 

Name  of  act. 

^  1.  This  act  shall  be  known  and  referred  to  as  the  "County  Power  Pumping 
District  Act." 

Land  may  be  formed  into  district. 

§  2.  Any  area  of  land  within  this  state,  wholly  within  one  county  and  outside  of 
incorporated  cities  and  towns,  or  containing  the  whole  or  any  portion  of  one  or  more 
incorporated  cities  or  towns  and  contiguous  unincorporated  territory,  and  not  already 


Act  22G7b,  g  3 


GKiVCRAL   LAWS. 


included  within  any  irrigation  district,  in  need  of  artificial  irrigation  and  not  already 
supplied  with  adequate  facilities  therefor  and  possessed  of  an  available  supply  of  sub- 
surface water,  may  be  formed  into  a  power  pumping  district  and  provisions  made  for 
obtaining  power  and  pumping  the  waters  necessary  for  the  irrigation  of  such  lands  in 
the  manner  and  under  the  proceedings  hereinafter  prescribed. 

Petition  for  formation. 

^3.  A  petition  for  the  formation  of  such  district  may  be  presented  to  the  board 
of  supervisors  of  the  county  in  which  the  proposed  district  is  located,  which  jjetition 
shall  be  signed  by  not  less  than  fifty  per  cent  of  the  land  owners  within  said  district. 
The  term  "land  owners,"  as  herein  used,  shall  include  all  freeholders  and  holders  of 
possessory  rights  under  any  law  of  the  United  States  or  of  the  state  of  California. 

The  said  petition  shall  contain: 

(1)  The  name  and  boundaries  of  the  proposed  district; 

(2)  The  source  from  which  the  lands  therein  are  proposed  to  be  irrigated; 

Description  of  improvement. 

(3)  A  general  description  of  the  improvement  or  improvements  proposed  for  the 
purpose  of  supplying  the  district  with  water,  and  which  improvement  or  improvements 
may  embrace  any  or  all  of  the  following:  (a)  The  construction,  acquisition,  operation 
and  maintenance  of  electric  or  other  power  plants,  together  with  all  necessary  trans- 
mission and  distributing  lines  and  equipment  therefore;  (b)  the  construction,  acqui- 
sition, operation  and  maintenance  of  electrical  transmission  and  distributing  lines  and 
equipment  for  the  purpose  of  transmitting  power  to  all  points  within  such  district,  and 
the  acquisition  of  electrical  or  other  power  by  contact,  rental  or  otherwise,  from 
such  plant  or  plants  within  said  district;  (c)  the  acquisition  of  power  for  such  district 
by  contract  therefor,  as  provided  in  subdivisions  5  and  6  of  section  12  hereof;  (d)  the 
acquisition,  construction,  installation,  completion,  extension,  repair  or  maintenance  of 
all  plants,  works,  structures  and  appurtenances;  (e)  the  acquisition,  by  purchase,  con- 
demnation, contract,  lease  or  otherwise,  of  lands,  rights  of  way,  water,  water  rights 
and  electric  and  water  service  necessary  or  convenient  for  such  purpose;  (f)  the  drill- 
ing, sinking  and  construction  of  wells  for  the  development  of  sub-surface  waters,  and 
the  installation  of  pumps  and  motors  and  all  appliances  necessary  or  convenient  in 
connection  therewith; 


Estimate  of  cost. 

(4)  An  estimate  of  the  cost  of  the  proposed  improvement  or  improvements,  includ- 
ing all  incidental  expenses  in  connection  therewith;    - 

Election. 

(5)  A  request  that  an  election  be  called  in  the  proposed  district  for  the  purpose  of 
submitting  to  the  qualified  electors  thereof  the  proposition  of  forming  such  district  and 
incurring  indebtedness,  by  the  issuance  of  the  bonds  of  such  district,  to  pay  the  cost 
and  expenses  of  the  proposed  improvement  or  improvements. 

Map. 

There  must  be  filed  with  such  petition:  (a)  A  map  showing  the  exterior  boundaries 
of  the  proposed  disti-ict,  with  relation  to  the  territory  immediately  contiguous  thereto, 
and  plans  and  specifications  of  the  proposed  improvement;  (b)  a  good  and  sufficient 
undertaking,  to  be  approved  by  the  board  of  supervisors,  in  double  the  amount  of  the 
probable  cost  of  fonning  such  district,  conditioned  that  the  sureties  shall  pay  said  cost 
in  case  the  formation  of  such  district  shall  not  be  effected. 


1323  IRRIGATION  AND  IRRIGATION  DISIRICTS.  Act  :i:ia7b,  S§  4-(> 

Time  for  hearing. 

$  4.  Sueli  petition,  together  with  the  map  and  undertaking  hereinabove  described, 
must  be  presented  at  a  regular  meeting  of  said  board  of  supervisors,  and  the  board 
shall  thereupon  fix  a  time  for  hearing  the  same  and  protests  of  interested  parties,  not 
less  than  twenty-one  nor  more  than  thirty  days  after  the  date  of  presentation  thereof. 
The  clerk  of  the  board  shall  thereupon  cause  notices  of  the  filing  and  hearing  of  such 
petition  to  be  posted  in  three  of  the  most  public  places  in  the  proposed  district.  Such 
notices  shall  be  headed  "Notice  of  the  Formation  of  (here  insert  name)  County  Power 
Pumping  District  No.  (here  insert  number  of  district),"  in  letters  not  less  than  one 
inch  in  length,  and  shall  in  legible  characters  state  the  fact  and  date  of  the  filing  of 
such  petition,  the  day  and  hour  set  for  hearing  the  same  and  the  protests,  briefly 
describe  the  proposed  improvement  or  improvements,  specify  the  exterior  boundaries 
of  the  district,  and  refer  to  the  said  petition,  map  and  plans  and  specifications  for 
further  particulars.  The  said  clerk  shall  also  cause  a  notice  similar  in  substance  to 
be  published  at  least  once  a  week  for  two  consecutive  weeks  in  a  newspaper,  designated 
by  said  board  of  supervisors,  of  general  circulation  printed  and  published  in  the  county 
in  which  the  proposed  district  is  located.  Said  notices  must  be  published  and  posted 
as  above  provided,  at  least  ten  days  before  the  date  set  for  the  hearing  of  said  petition. 

Objection  to  formation. 

$  5.  Any  person  objecting  to  the  formation  of  the  proposed  district  or  the  extent 
thereof,  or  the  improvement  or  improvements  proposed,  or  to  the  inclusion  of  his  prop- 
erty in  such  district,  may  file  a  written  protest  with  the  clerk  of  said  board  at  or  before 
the  time  set  for  the  hearing  of  such  petition.  The  clerk  of  said  board  shall  endorse 
on  each  protest  the  date  of  its  reception  by  him,  and  at 'the  time  appointed  for  the 
hearing  above  provided  for,  shall  present  to  said  board  all  protests  so  filed  with  him. 
The  said  board  shall  hear  said  petition  and  protests  at  the  time  appointed  or  at  any 
time  to  which  the  hearing  thereof  may  be  adjourned,  and  pass  upon  the  same,  and  its 
decision  thereon  shall  be  final  and  conclusive.  If  any  protest  or  protests  against  the 
formation  of  the  proposed  district  or  against  the  proposed  improvements  as  a  whole, 
be  sustained,  no  further  proceedings  shall  be  had  or  taken  pursuant  to  said  petition^ 
but  a  new  petition  for  the  same  or  a  similar  purpose  may  be  filed  at  any  time.  If  any 
protests  be  filed  as  against  the  extent  of  the  proposed  district,  or  against  the  inclusion 
therein  of  any  specified  property,  the  board  shall  have  power  to  make  such  changes  in 
the  boundaries  of  the  proposed  district  as  it  shall  find  to  be  proper  and  advisable,  and 
shall  define  and  establish  such  boundaries,  and  may  upon  written  application  of  the 
owner  thereof,  at  the  same  time  include  therein  the  lands  of  any  contiguous  land 
owner  suitable  for  the  purposes  of  the  proposed  district. 

Jurisdiction  acquired. 

At  the  expiration  of  the  time  within  which  protests  may  be  filed,  if  none  be  filed,  or 
if  protests  be  filed  and  after  hearing  be  denied,  said  board  shall  be  deemed  to  have 
acquired  jurisdiction  to  further  proceed  in  accordance  with  the  provisions  of  this  act. 
The  determination  of  the  board  of  supervisors  as  to  whether  the  area  of  land  embraced 
within  such  district  is  possessed  of  an  available  supply  of  sub-surface  water,  and  as 
to  whether  said  petition  has  been  signed  by  the  requisite  number  of  land  owners  within 
said  district,  and  as  to  whether  all  the  requirements  of  section  three  of  this  act  have 
been  fully  complied  with,  together  with  all  its  determinations  upon  questions  of  fact 
shall  be  final  and  conclusive. 

Special  election. 

$  6.  The  board  of  supervisors  shall,  by  ordinance  or  resolution  adopted  at  a  regular 
or  special  meeting  after  having  acquired  jurisdiction  to  proceed,  as  above  provided, 


Act  2:1671.,  §§  7,  8  GENKRAL   LAWS.  1324 

provide  for  and  order  tlie  holding  of  a  special  election  in  the  proposed  district  and  the 
submission  to  the  qualified  voters  thereof  of  the  proposition  to  form  such  district  and 
incur  an  indebtedness,  by  the  issuance  of  bonds  thereof,  for  the  purposes  set  forth  in 
said  petition.  The  ordinance  or  resolution  calling  such  special  election  shall  also 
recite  the  objects  and  purposes  for  which  the  proposed  indebtedness  is  to  be  incurred, 
the  estimated  cost  of  the  proposed  improvement  or  improvements,  the  amount  of  the 
principal  of  the  indebtedness  to  be  incurred  therefor,  and  the  rate  of  interest  to  be  paid 
upon  such  indebtedness,  and  shall  fix  the  date  at  which  such  election  shall  be  held,  the 
manner  of  holding  the  same,  and  the  manner  of  voting  for  or  against  the  proposition. 
The  maximum  rate  of  interest  to  be  paid  on  such  indebtedness  shall  be  eight  per  cent 
per  annum,  pa3'able  semi-annually.  Prior  to  calling  such  election  the  board  of  super- 
visors must  cause  such  investigation  to  be  made  as  shall  be  necessary  to  establish  the 
fact  that  the  proposed  works  can  be  constructed  within  the  limits  of  the  proposed 
bonded  indebtedness  and  that  there  is  available  a  sufficient  supply  of  water. 

Election  procedure. 

^  7.  For  the  purposes  of  said  election  the  board  of  supervisors  shall,  in  such 
ordinance  or  resolution,  establish  one  or  more  precincts  within  the  boundaries  of 
the  proposed  district,  designate  a  polling  place  in  each  precinct  and  appoint 
such  officers  of  election  as  said  board  shall  deem  necessary.  In  all  particulars 
not  recited  in  such  ordinance  or  resolution,  such  election  shall  be  held  as  pro- 
vided by  law  for  the  holding  of  general  elections  in  such  county.  Said  ordinance 
or  resolution  ordering  the  holding  of  such  election  shall,  prior  to  the  date  set  for 
such  election,  be  published  five  times  in  a  daily  or  twice  in  a  weekly  or  semi-weekly 
newspaper  of  general  circulation  printed  and  published  in  said  county  and  designated 
by  the  board  of  supervisors  for  that  puipose.  No  other  notice  of  such  election  need  be 
given.  If  at  such  election  two-thirds  of  the  votes  cast  are  in  favor  of  the  formation  of 
the  proposed  district  and  incurring  of  the  proposed  bonded  indebtedness,  then  the  board 
of  supervisors  shall  enter  an  order  to  that  efieet  upon  its  minutes,  declaring  said  dis- 
trict formed,  and  the  said  board  of  supervisors  shall  thereupon  be  authorized  and 
empowered  to  issue,  and  shall  issue  the  bonds  of  said  district  for  the  amount  provided 
for  in  said  proceedings,  payable  out  of  the  funds  of  such  district  to  be  provided  as  in 
this  act  prescribed;  provided,  however,  that  the  entire  bonded  indebtedness  of  any 
district  formed  under  the  provisions  of  this  act,  as  represented  by  the  par  value  of 
bonds  issued  and  to  be  issued  and  outstanding  hereunder  at  any  time,  shall  not  exceed 
an  amount  greater  than  two  dollars  per  acre  for  each  acre  of  land  contained  in  said 
district,  subject  to  the  provisions  of  this  act;  provided,  however,  that  in  the  event  that 
the  proposed  improvement  or  improvements  shall  embrace  the  drilling,  sinking  and 
construction  of  wells  for  the  development  of  sub-surface  waters  and  the  installation  of 
pumps  and  motors  and  all  appliances  necessary  or  convenient  in  connection  therewith, 
then  the  entire  bonded  indebtedness  of  such  district  so  formed  as  represented  by  the 
par  value  of  bonds  issued  and  outstanding  hereunder  at  any  time  may  equal,  but  shall 
not  exceed,  an  amount  greater  than  ten  dollars  ($10)  per  acre  for  each  acre  of  land 
contained  within  said  district. 

Denominations,  interest  and  condition  of  bonds. 

§  8.  The  board  of  supervisors,  by  an  order  entered  upon  its  minutes,  shall,  subject 
to  the  provisions  of  this  act,  prescribe  the  denominations,  interest  and  condition  of 
said  bonds  and  of  the  interest  coupons  attached  thereto.  Said  bonds  may  contain 
appropriate  provisions  for  their  redemption  prior  to  the  maturity  thereof.  Said  bonds 
shall  be  signed  by  the  chairman  of  the  board  of  supervisors,  countersigned  by  the  county 
auditor,  and  the  seal  of  said  county  shall  be  affixed  thereto.  The  interest  coupons  on 
said  bonds  shall  be  numbered  consecutively  and  signed  by  the  auditor  of  said  county 


I 


131'5  IRRIGATION  AND  IRRIGATION  DISTRICTS.  Act  2267b.  §§  9-12 

by  his  engraved  or  lithographed  signature.  In  ease  any  such  officer  whose  signature 
or  countersignature  appears  on  such  bonds  or  coupons  shall  cease  to  be  such  officer 
before  the  delivery  of  such  bonds  to  the  purchaser,  such  signature  or  countersignature 
shall,  nevertheless,  be  valid  and  sufficient  for  all  purposes  in  like  manner  as  though 
such  officer  had  remained  in  office  until  the  delivery  of  the  bonds. 

Sale  of  bonds. 

§  9.  The  board  of  supervisors  may  issue  and  sell  the  bonds  of  such  district,  author- 
ized as  hereinabove  provided,  at  a  price  not  less  than  the  par  value  thereof,  and  the 
proceeds  of  sale  of  such  bonds  shall  be  placed  in  the  county  treasury  to  the  credit  of 
the  proper  district  fund,  and  shall  be  applied  to  the  purposes  and  objects  mentioned  in 
the  ordinance  or  resolution  ordering  the  holding  of  such  bond  election,  as  aforesaid. 

Tax  levy. 

§  10.  The  board  of  supervisors  shall  levy  a  tax  each  year,  upon  all  the  taxable 
property  in  such  district,  sufficient  (in  connection  with  any  other  funds  available  for 
that  purpose  under  the  provisions  of  this  act),  to  pay  the  interest  on  said  bonds  that 
year,  and  to  take  care  of  the  sinking  fund  provisions  as  provided  in  the  bonds,  and 
such  proportion  of  the  principal  thereof  as  is  to  become  due  before  the  time  for  making 
the  next  general  tax  levy;  provided,  however,  that  if  the  maturity  of  the  indebtedness 
created  by  the  issue  of  such  bonds  be  made  to  begin  more  than  one  year  after  the  date 
of  such  issue,  such  tax  shall  be  levied  and  collected  at  the  time  and  in  the  manner 
aforesaid  each  year  sufficient  to  pay  the  interest  on  such  indebtedness  as  it  falls  due, 
and  also  (in  connection  Avith  anj'  other  funds  available  as  aforesaid),  to  constitute 
a  sinking  fund  for  the  payment  of  the  principal  thereof  on  or  before  maturity.  Such 
tax  shall  be  levied  and  collected  at  the  time  and  in  the  same  manner  as  the  general 
tax  levied  for  county  purposes,  and  when  collected  shall  be  paid  into  the  county 
treasury  and  be  used  for  the  pa.yment  of  the  principal  and  interest  on  said  bonds,  and 
for  a  sinking  fund,  and  for  no  other  purposes.  The  principal  and  interest  on  said 
bonds  shall  be  paid  by  the  county  treasury  in  the  manner  provided  by  law  for  the  pay- 
ment of  principal  and  interest  on  bonds  of  such  county. 

Tax  for  maintenance,  etc. 

§  11.  The  board  of  supervisors  of  any  county  wherein  a  district  has  been  formed 
under  the  provisions  of  this  act,  shall  have  the  power  in  any  year  after  the  establish- 
ment of  such  district,  to  levy  a  tax  upon  the  taxable  property  in  such  district,  sufficient 
to  pay  the  cost  and  expenses  of  maintaining,  operating,  extending  and  repairing  said 
system  for  the  ensuing  fiscal  year.  And  said  tax  shall  be  levied  and  collected  at  the 
time  and  in  the  same  manner  as  the  general  tax  levied  for  county  purposes,  and  the 
revenue  derived  from  such  tax  shall  be  paid  into  the  county  treasury  to  the  credit  of 
the  proper  fund  of  such  district,  and  the  board  of  supervisors  shall  have  power  to 
control  and  order  the  expenditure  thereof  for  the  pui-poses  aforesaid. 

Power  of  supervisors. 

§  12.     Said  board  of  supervisors  shall  have  the  power,  and  it  shall  be  its  duty: 

(1)  To  manage  and  conduct  the  business  and  affairs  of  the  district; 

(2)  To  make  and  execute  all  necessary  contracts; 

(3)  To  employ  and  appoint  such  agents,  officers  and  employees  as  may  be  required 
and  prescribe  their  duties; 

(4)  For  the  use  of  such  district  to  acquire,  by  purchase,  lease,  contract,  condemna- 
tion or  other  legal  means,  all  the  lands,  water  and  water  rights,  and  other  property 
necessary  for  the  construction,  use,  maintenance,  repair  and  improvement  of  such 
plants,  works  and  apjourtenances; 


Act  2267b,  g  13 


GKNEIRAL   LAWS. 


1328 


(5)  To  obtain  and  acquire  electricity  or  other  power  by  contract,  rental  or  otherwise, 
as  may  be  needed  for  pumping  water  for  said  district  from  the  source  or  sources  of 
suppl}',  including  the  distribution  of  such  power  to  the  land  owners,  to  be  used  upon 
and  within  the  lands  of  said  district; 

(6)  To  enter  into  a  contract  with  any  person,  partnership  or  corporation  en- 
gaged in  the  generation,  manufacture,  distribution  or  sale  of  electrical  or  other 
power,  for  the  construction  of  all  such  transmission  and  distributing  lines  and 
equipment  and  appurtenances  necessary  or  convenient  to  supply  the  said  district 
with  power,  and  for  the  acquisition  from  any  such  person,  partnership  or  corpora- 
tion of  such  electrical  or  other  power  as  may  be  desirable  for  pumping  and  distributing 
water  as  contemplated  by  this  act.  Such  contracts  shall  also  provide  that  twenty-five 
per  cent  of  all  amounts  collected  or  received  by  any  such  person,  partnership  or  cor- 
poration from  the  said  district  or  the  consumers  therein  for  power  used  by  them,  shall 
be  set  aside  as  fast  as  received  and  paid  into  the  covinty  treasury  to  the  credit  of  the 
said  district  fund,  and  shall  constitute  a  sinking  fund  for  the  redemption  or  payment 
of  the  bonds  issued  for  the  construction  of  such  transmission  and  distributing  lines  and 
equipment  and  appurtenances.  Whenever  sufficient  funds  shall  have  been  so  paid  to 
redeem  or  to  pay  said  bonds,  so  issued  for  the  purposes  aforesaid,  the  said  transmission 
and  distributing  lines  and  appurtenances  shall  thereupon  be  and  become  the  property  of 
such  person,  partnership  or  corporation  which  has  in  this  manner  paid  for  the  same, 
and  the  board  of  supervisors  shall  have  the  power  and  it  shall  be  its  duty  to  execute 
all  such  conveyances  and  other  instruments  of  transfer  as  may  be  necessary  to  vest 
the  title  to  such  transmission  and  distributing  lines  and  appurtenances  and  equipment 
in  such  persons,  partnerships  or  corporations; 

(7)  To  drill,  sink  and  construct  wells  and  to  install  pumps  and  motors  and  all  appli- 
ances necessary  or  convenient  in  connection  therewith; 

(8)  To  perform  any  and  all  other  acts  necessary  or  proper  to  accomplish  the  purposes 
of  this  act. 

Dissolution  of  district. 

§  13.  Any  such  disti-ict  may  be  dissolved  by  the  board  of  supervisors  in  the  manner 
following:  Upon  receiving  a  petition  signed  by  fifteen  per  cent  or  more  of  the  free- 
holders and  power  consumers  of  such  pumping  district,  requesting  the  dissolution 
thereof,  the  board  of  sujiervisors  shall  fix  a  date  for  the  hearing  of  such  petition,  which 
shall  be  not  less  than  ten  days  nor  more  than  thirty  days  after  the  receipt  of  such  peti- 
tion, and  shall,  at  least  five  days  prior  to  the  date  so  fixed,  publish  a  notice  of  such 
hearing  by  one  insertion  in  a  daily,  weekly  or  semi-weekly  newspaper  printed,  pub- 
lished and  circulated  in  said  county.  At  the  time  appointed  for  such  hearing  or  at  any 
time  to  which  the  same  may  be  adjourned,  the  board  of  supervisors  shall  hear  and  pass 
upon  such  petition  and  may  grant  or  deny  the  same,  and  its  decision  shall  be  final  and 
conclusive. 

Special  election. 

If  such  petition  be  granted  the  board  of  supervisors  shall,  by  ordinance  or  resolution, 
provide  for  and  order  the  holding  of  a  special  election  in  such  district,  and  the  sub- 
mission to  the  qualified  voters  thereof  of  the  proposition  to  dissolve  the  same.  The 
ordinance  or  resolution  shall  recite  the  filing  of  the  petition  for  dissolution,  and  the 
approval  of  the  same  by  the  board  of  supervisors,  and  shall  establish  one  or  more  pre- 
cincts within  the  boundaries  of  the  district,  designate  a  polling  place  in  and  for  each 
precinct,  and  appoint  such  officers  of  election  as  the  board  of  supervisors  shall  deem 
necessary.  In  all  particulars  not  recited  in  such  ordinance  or  resolution,  such  election 
shall  be  held  as  provided  by  law  for  holding  general  elections  in  such  county.  Said 
ordinance  or  resolution,  ordering  the  holding  of  such  election,  shall,  prior  to  the  date 


13::7  IRRIGATION  AND  IRRIGATION  DISTRICTS.  Act  2267c,  §  1 

set  for  such  election,  be  published  five  times  in  a  daily  or  twice  in  a  weekly  or  semi- 
weekly  newspaper  printed  and  published  in  said  county  and  designated  by  the  board  of 
supervisors  for  such  purpose.  No  other  notice  of  said  election  need  be  given.  If  at  the 
time  of  said  election  a  majority  of  the  votes  cast  are  in  favor  of  the  dissolution  of 
such  district,  then  the  board  of  supervisors  shall  enter  an  order  to  that  effect  upon 
its  minutes,  declaring  such  district  dissolved,  and  upon  the  entry  of  such  order  said 
district  shall  be  dissolved;  provided,  however,  that  if  at  the  time  of  the  dissolution  of 
said  district  there  shall  be  any  outstanding  bonds  or  other  indebtedness  of  said  district, 
a  tax  for  the  payment  of  such  bonds  or  other  indebtedness  shall  be  levied  and  collected 
in  said  district  to  pay  such  indebtedness,  in  like  manner  as  though  such  district  had  not 
been  dissolved. 

This  act  an  alternative  method. 

5  14.  This  act  shall  not  affect  any  other  act  or  acts  relating  to  the  same  or  a  similar 
subject,  but  is  intended  to  provide  an  alternative  method  of  procedure  governing  the 
subject  to  which  it  relates.  When  proceeding  under  the  provisions  of  this  act,  its 
provisions  and  none  other  shall  apply. 

§  15.  The  provisions  of  this  act  shall  be  liberally  construed  to  effect  the  purposes 
thereof. 

DISSOLUTION  OF  IRRIGATION  DISTRICTS  ACT  OF  1919. 

ACT  2267c — An  act  declaring  the  conditions  upon  which  an  irrigation  district  may  be 

dissolved,  prescribing  the  procedure  therefor,  and  the  winding  up  of  the  affairs  of  the 

district  when  dissolved. 

History:      Approved  May  18,  1919.     In  effect  July  22,   1919.     Stats, 
1919,  p.  751. 

Provisions  for  dissolution  of  irrigation  districts. 

$  1.  Any  irrigation  district  organized  under  any  of  the  laws  of  the  state  of  Cali- 
fornia, providing  for  the  organization  of  irrigation  districts,  which 

(a)  Has  been  organized  more  than  three  years  and  has  failed  and  neglected  to  secure 
an  adequate  water  supply  and  which  does  not  have  a  reasonable  prospect  of  securing 
an  adequate  water  supj^ly  for  the  lands  of  the  district,  and  has  failed  and  neglected  to 
obtain  the  approval  of  the  state  water  commission  of  the  water  supply  of  said  district 
and  has  failed  and  neglected  to  obtain  the  approval  of  the  state  engineer  of  the  plans 
of  said  district,  and  has  failed  and  neglected  to  construct  or  acquire  a  system  of  works 
or  the  financing  therof,  and  has  failed  and  neglected  to  obtain  the  approval  of  the  irri- 
gation district  bond  commission;  or 

(b)  Has  been  organized  for  more  than  ten  years  and  for  more  than  five  years  after 
the  construction  or  acquisition  of  a  system  of  works  has  failed  and  neglected  to  main- 
tain such  works,  or  for  five  years  or  more  after  such  works  have  been  constructed  or 
acquired  has  failed  and  neglected  to  supply  or  make  available,  water  for  the  irrigation 
of  more  than  ten  per  cent  of  the  lands  of  the  district; 

May  be  dissolved  and  annulled  by  the  superior  court  of  the  county  in  which  said 
district  is  located  by  proceedings  in  an  action  brought  by  the  attorney  general  in  the 
name  of  the  people  of  the  state  of  California,  upon  his  own  information.  Before  such 
an  action  can  be  commenced  in  the  courts  the  attorney  general  shall  publish  for  two 
consecutive  weeks  in  some  newspaper  published  in  the  county  in  which  the  greater 
portion  o'f  the  district  is  located,  a  notice  to  all  parties  in  interest  that  it  is  his  intention 
to  begin  such  action  for  the  dissolution  of  said  district.  The  rules  of  pleading  and 
practice  in  the  Code  of  Civil  Procedure  not  inconsistent  with  the  provisions  of  this 
act  are  made  applicable  to  the  proceedings  herein  provided. 


Act  2267c,  §§  2-5  GEXERAL   LAWS.  132S 

Investigation  by  state  engineer.    Access  to  records.    Report. 

$  2.  Before  the  trial  of  tiie  case  the  court  may  direct  the  state  engineer  to  investigate 
all  the  affairs  of  said  district;  the  water  supply  that  may  be  obtained  without  pro- 
hibitive cost;  the  feasibility  and  practicability  of  irrigating  all  or  a  reasonable  amount 
of  the  lands  of  said  district;  and  all  other  matters  which  the  court  may  direct,  or  the 
state  engineer  may  deem  pertinent  as  affecting  the  possible  success  or  failure  of  the 
district  as  an  irrigation  enterprise  and  which  may  be  necessary  to  enable  the  court  to 
determine  the  question  of  dissolution. 

For  the  purpose  of  making  such  investigation,  the  state  engineer  shall  have  access 
to  all  the  records  of  the  district,  and  all  officers  and  employees  and  other  persons  in 
any  manner  connected  with  or  employed  by  said  district  shall  furnish  such  information 
as  he  may  require  which  has  already  been  obtained  or  determined,  including  maps, 
plans,  estimates,  field  notes,  and  other  data. 

The  state  engineer  shall  report  his  findings  and  conclusions  to  the  superior  court  as 
soon  as  practicable,  but  within  ninety  days  unless  a  longer  time  be  granted  him  by  the 
court,  but  in  no  case  to  extend  beyond  the  period  of  one  hundred  eighty  days  in  all. 

Upon  dissolution  county  officers  shall  be  ex-officio  officers  of  district.     Sale  of  property. 

Funds  remaining  after  indebtedness  is  paid, 

^  3.  Upon  final  judgment  of  dissolution  in  such  action,  the  district  in  question  shall 
be  deemed  dissolved  and  annulled.  The  court  shall  determine  the  amount  of  indebted- 
ness outstanding  against  said  district,  including  the  costs  of  the  court  action  herein 
provided  for,  and  thereafter  the  appropriate  county  officers  shall  act  as  ex  officio  officers 
of  the  district;  the  records  and  papers  of  every  kind  belonging  to  the  district  shall  be 
turned  over  to  the  proper  county  officers.  The  county  treasurer  shall  perform  the 
duties  of  the  district  treasurer;  the  county  tax  collector  shall  perform  the  duties  of 
the  district  tax  collector;  the  county^  assessor  shall  perform  the  duties  of  the  district 
assessor;  the  county  clerk  shall  perform  the  duties  of  the  secretary  of  the  board  of 
directors;  the  board  of  supervisors  shall  perform  the  duties  of  the  board  of  directors; 
they  shall  proceed  to  levy  and  collect  such  additional  taxes  as  may  be  necessarj'  upon 
the  lands  embraced  within  such  district  in  the  same  manner  and  with  the  same  pro- 
cedure for  nonpayment  that  county  taxes  are  levied  and  collected  for  the  purpose  of 
paying  such  outstanding  indebtedness  not  provided  for  by  previous  assessments.  All 
property  of  every  kind  belonging  to  the  district,  including  lands  sold  to  the  district 
for  taxes,  sliall  be  sold  as  the  court  may  direct  and  the  proceeds  together  with  all 
money  on  liand  shall  be  used  to  pay  off  the  indebtedness.  All  funds  remaining  after 
all  outstanding  indebtedness  has  been  paid  shall  be  apportioned  and  be  paid  to  the 
assessment  payers  according  to  the  last  assessment  rolL 

Indebtedness  no  bar  to  dissolution. 

§  4.  The  outstanding  indebtedness,  whether  of  bonds,  warrants,  or  otherwise,  of  any 
irrigation  district  shall  not  operate  as  a  bar  to  dissolution  by  the  superior  court  when 
provision  is  made  for  the  payment  of  such  indebtedness  in  the  manner  provided  in 
section  three. of  this  act. 

Intent  of  act. 

^  5.  This  act  is  designed  to  provide  an  alternative  method  for  the  dissolution  of  irri- 
gation districts  and  shall  not  be  deemed  to  repeal  any  other  statute  or  statutes. 


I 


1329  IRRIGATION  AND  IRRIGATION  DISTRICTS.  Act  22«7d,  §§  1-214 

DISSOLUTION  OF  IRRIGATION  DISTRICTS  ACT  OF  1903. 
ACT  2267d — An  act  to  provide  for  the  dissolution  of  irrigation  districts,  the  ascertain- 
ment and  discharge  of  their  indehtedness,  and  the  distribution  of  their  property. 

History:  Approved  February  10,  1903,  Stats.  1903,  p.  3.  Amended 
March  3,  1909,  Stats.  1909,  p.  139;  December  24,  1911,  Stats.  1911 
(ex.  sess.),  p.  118;  April  19,  1913.  In  effect  August  10,  1913.  Stats. 
1913,  p.  39.  May  26,  1915.  In  effect  August  8,  1915.  Stats.  1915,  p. 
859. 

Irrigation  districts  may  be  dissolved.    In  case  of  contract  vdth.  United  States. 

$  1.  Any  irrigation  district  organized  under  the  provisions  of  an  act  entitled  '*An 
act  to  provide  for  the  organization  and  government  of  irrigation  districts,  and  to  pro- 
\dde  for  the  acquisition  of  water  and  other  property,  and  for  the  distribution  of  water 
thereby  for  irrigation  purposes,"  approved  March  7,  1887,  and  all  acts  supplementary 
thereto  or  amendatory  thereof,  including  an  act  entitled  "An  act  to  provide  for  the 
organization  and  government  of  irrigation  districts,  and  to  provide  for  the  acquisition 
or  construction  thereby  of  works  for  the  irrigation  of  lands  embraced  within  such  dis- 
tricts, and  also,  to  provide  for  the  distribution  of  water  for  irrigation  purposes," 
approved  March  31,  1897,  may  be  dissolved  in  the  manner  hereinafter  provided;  pro- 
vided, that  in  case  a  contract  authorized  by  law  has  been  made  between  the  district  and 
the  United  States  for  the  construction,  operation  and  maintenance  of  the  necessary 
works  for  the  delivery  of  water  or  for  a  water  supply,  no  such  district  shall  be  dis- 
solved and  no  proceedings  entertained  by  any  court  or  otherwise  looking  to  the  disso- 
lution of  such  district,  until  the  written  assent  of  the  secretary  of  the  interior  be  given 
to  such  dissolution.  [Amendment  of  May  26,  1915.  In  effect  August  8,  1915.  Stats. 
1915,  p.  859.] 

Manner  of  dissolution.    Petition,  what  to  contain. 

$  2.  A  majority  in  number  of  the  holders  of  title,  or  evidence  of  title,  to  real  prop- 
erty in  any  irrigation  district,  and  a  majority  in  value  of  said  property  according  to 
the  equalized  assessment-roll  of  said  district  for  the  year  last  preceding  upon  which 
any  assessment  has  been  made,  may  propose  the  dissolution  of  said  district  by  a 
petition  signed  by  such  majority,  which  petition  shall  set  forth  the  amount  of  the  out- 
standing bonds,  coupons,  and  other  indebtedness,  if  such  there  be,  together  with  a 
general  description  of  the  same,  and  the  holders,  so  far  as  known,  showing  the  amount 
of  each  description  of  indebtedness  and  the  ownership,  so  far  as  known,  of  the  same. 
Also  the  estimated  cost  of  the  dissolution  of  said  district.  Said  petition  shall  also  state 
the  assets  of  said  district,  including  irrigation  system,  if  any,  dams,  reservoirs,  canals, 
franchises,  water  rights,  a  detailed  statement  of  all  the  lands  sold  to  the  district  for 
assessments,  and  the  amount  of  the  assessments  on  each  parcel  of  land  sold,  also  all 
assessments  unpaid,  and  the  amount  upon  each  lot  or  tract  of  land,  and  all  other  assets 
of  the  district;  and  in  case  any  proposition  has  been  made  by  the  holders  of  said 
indebtedness  to  settle  the  same,  said  proposition,  together  with  any  plan  proposed  to 
carry  the  same  into  execution,  shall  be  included  in  said  petition. 

Proceedings  under  certain  conditions. 

§  21/2-  111  case  an  irrigation  district  has  no  indebtedness  not  barred  by  the  statute  of 
limitations  and  no  assets,  and  has  ceased  to  be  a  going  concern  and  has  no  irrigation 
system  by  which  it  conveys  water  for  irrigation  or  domestic  purposes  to  any  of  the 
residents  of  such  district,  the  petition  for  dissolution  mentioned  in  section  two  of  said 
act  shall  contain  statements  showing  such  facts  and  also  that  it  is  the  desire  of  the 
signers  of  such  petition  to  have  said  district  dissolved,  and  such  petition  need  not 
contain  any  other  statement  or  allegation,  and  such  petition  need  only  be  signed  by 
two  thirds  of  the  qualified  electors  residing  in  such  district,  and  by  the  holders  of  title 

Gen.  Laws — S4 


Act  2267d,  g  2a  GENERAL   LAWS.  1330 

or  evidence  of  title  representing  at  least  fifty  per  cent  of  the  acreage  within  said  dis- 
trict and  not  less  than  fifty  per  cent  in  value  of  all  lands  lying  within  the  exterior 
boundaries  of  said  district,  the  value  of  said  lands  to  be  determined  by  the  last 
equalized  assessment  roll  of  said  district,  and  such  petition  so  signed  and  containing 
such  statements  and  allegations  shall  be  sufficient.  In  such  case  the  plan  of  dissolution 
referred  to  in  section  3  of  said  act  need  only  show  the  facts  that  there  is  no  district 
indebtedness  not  barred  by  the  statute  of  limitations  and  that  the  district  has  dis- 
posed of  all  of  its  assets;  provided,  that  the  petition  shall  further  recite  the  fact  that 
an  application  will  be  made  to  the  superior  court  for  a  decree  of  dissolution  of  said 
district  under  the  provisions  of  said  act.  And  in  the  ease  mentioned  in  this  section, 
it  shall  not  be  necessary  to  obtain  the  assent  of  any  holder  of  any  evidence  of  indebt- 
edness of  said  district  barred  by  any  statute  of  limitations  of  this  state  before  the 
election,  provided  for  in  said  section  three,  shall  be  called.  [New  section  added  Decem- 
ber 24,  1911,  Stats.  1911,  p.  118  (extra  session) ;  probably  superseded  by  section  2a, 
which  was  added  in  1913.] 

Statement  of  district  having  no  assets.    Special  election.    Ballot. 

^  2a.  In  case  an  irrigation  district  has  no  indebtedness  not  barred  by  the  statute  of 
limitations  and  no  assets  and  has  ceased  to  be  a  going  concern  and  has  no  irrigation 
system  by  which  it  conveys  water  for  irrigation  or  domestic  purposes  to  any  of  the 
residents  of  such  district,  the  petition  for  dissolution  mentioned  in  section  two  of  said 
act  shall  contain  statements  showing  such  facts  and  also  that  it  is  the  desire  of  the 
signers  of  such  petition  to  have  said  district  dissolved,  and  such  petition  need  not 
contain  any  other  statement  or  allegation,  and  such  petition  need  only  be  signed  by 
two  thirds  of  the  qualified  electors  residing  in  such  district,  and  by  the  holders  of  title 
or  evidence  of  title  representing  at  least  fifty  per  cent  of  the  acreage  within  said  dis- 
trict and  not  less  than  fifty  per  cent  in  value  of  all  lands  lying  within  the  exterior 
boundaries  of  said  district,  the  value  of  said  lands  to  be  determined  by  the  last 
equalized  assessment-roll  of  said  district,  and  such  petition  so  signed  and  containing 
such  statements  and  allegations  shall  be  sufficient.  In  such  case  the  plan  of  dissolu- 
tion referred  to  in  section  three  of  said  act  may  be  entirely  omitted  and  it  shall  not  be 
necessary  for  the  petitioners  or  persons  signing  such  petition,  or  for  the  board  of 
directors  of  such  district  to  propose  any  plan  for  the  dissolution  of  such  district  or 
any  plan  for  the  liquidation  of  its  indebtedness  or  the  distribution  of  its  assets;  pro- 
vided, that  the  petition  shall  further  recite  the  fact  that  an  application  will  be  made 
to  the  superior  court  of  the  state  of  California  in  and  for  the  county  in  which  the  office 
of  the  board  of  directors  of  such  district  is  required  to  be  kept,  for  a  decree  of  dissolu- 
tion of  said  district  under  the  provisions  of  said  act.  And  in  the  case  mentioned  in 
this  section,  it  shall  not  be  necessary  to  obtain  the  assent  of  any  holder  of  any  indebt- 
edness or  evidence  of  indebtedness  of  said  district  barred  by  any  statute  of  limitations 
of  this  state  before  the  election  provided  for  in  said  section  three,  shall  be  called. 
Upon  the  filing  of  said  petition  with  the  board  of  directors  of  said  district  said  board 
shall  call  a  special  election  at  which  shall  be  submitted  to  the  electors  of  such  district 
the  question  whether  or  not  said  district  shall  be  dissolved.  Notice  of  such  election 
must  be  given  by  posting  notices  in  three  public  places  in  each  election  precinct  in  said 
district  for  at  least  twenty  days  and  also  by  publication  of  such  notice  in  some  news- 
paper published  in  the  county  where  the  office  of  the  board  of  directors  is  required  to 
be  kept,  once  a  week  for  at  least  three  successive  weeks  before  such  election.  Such 
notices  must  specify  the  time  of  holding  the  election,  and  the  fact  that  it  is  proposed 
to  dissolve  the  district.  Said  election  must  be  held  and  the  result  thereof  determined 
and  declared  in  all  respects  as  nearly  as  practicable  in  conformity  with  provisions  of 
law  governing  the  election  of  officers  in  irrigation  districts.  At  such  election  the  ballot 
shall  contain  the  words  "Dissolution  of  the  district — Yes"  or  "Dissolution  of  the 


1331  IRRIGATI01V  AND  IRRIGATION  DISTRICTS.  Act  2267d,  §§  3, 4 

district — No,"  or  words  equivalent  thereto.  It  shall  not  be  necessary  in  winding  up  the 
affairs  of  any  district  organized  under  the  laws  of  this  state  to  pay  all  or  any  portion 
of  anj'  debt  or  obligation  of  such  district,  for  the  enforcement  of  which  debt  or  obliga- 
tion a  suit  is  barred  by  the  laws  of  this  state,  nor  to  pay  any  bond,  coupon,  warrant  or 
other  indebtedness,  claim  or  demand  which  shall  be  barred  by  the  laws  of  this  state 
prior  to  the  filing  of  the  petition  for  dissolution  with  the  board  of  directors  of  such 
district.  [New  section  approved  Aj^ril  19, 1913,  Stats.  1913,  p.  39.  In  effect  August  10, 
1913.] 

Special  election.    Notice  of  election.    Ballots. 

§  3.  Upon  the  filing  of  said  petition  with  the  board  of  directors  of  said  district  said 
board  shall  call  a  special  election,  at  which  shall  be  submitted  to  the  electors  of  such 
district  the  question  whether  or  not  said  district  shall  be  dissolved,  its  indebtedness 
liquidated,  and  its  assets  distributed  in  accordance  with  the  plan  so  proposed,  or  in 
case  no  plan  has  been  proposed,  then  in  accordance  with  a  plan  which  shall  be  proposed 
by  said  board  of  directors  in  the  notice  of  the  election,  but  no  such  election  shall  be 
called  until  the  assent  of  all  the  known  holders  of  valid  indebtedness  against  the  district 
shall  be  obtained  or  provision  shall  be  made  in  said  plan  for  the  payment  of  such  non- 
assenting  holders.  Notice  of  such  election  must  be  given  by  posting  notices  in  three 
public  places,  in  each  election  precinct  in  said  district  for  at  least  twenty  days,  and 
also  by  publication  of  such  notice  in  some  newspaper  published  in  the  county  where  the 
office  of  the  board  of  directors  is  required  to  be  kept,  once  a  week  for  at  least  three 
successive  weeks  before  such  election.  Such  notices  must  specify  the  time  of  holding 
the  election,  the  fact  that  it  is  proposed  to  dissolve  the  district,  and  a  brief  summary 
of  the  plan  proposed  for  liquidating  its  indebtedness  and  disposing  of  its  assets.  Said 
election  shall  be  held  and  the  result  thereof  determined  and  declared  in  all  respects 
as  nearly  as  practicable  in  conformity  with  the  provisions  governing  the  election  of 
officers  in  irrigation  districts.  At  such  election  the  ballot  shall  contain  the  words 
"Dissolution  of  the  district — Yes,"  or  "Dissolution  of  the  district — No,"  or  words 
equivalent  thereto. 

Validity  of  proceedings,  how  determined.    Eight  of  appeal. 

§  4.  In  case  upon  such  canvass  it  is  found  and  declared  by  said  board  of  directors 
that  two-thirds  of  the  votes  cast  at  such  election  shall  be  cast  in  favor  of  "Dissolution 
of  the  district — Yes,"  then  the  said  board  of  directors  shall  file  a  petition  in  the 
superior  court  of  the  county  wherein  is  located  the  office  of  such  board  to  determine  the 
validity  of  the  proceedings  had  and  of  the  proposed  plan  for  the  dissolution  of  said 
district.  Such  action  shall  be  in  the  nature  of  a  proceeding  in  rem,  and  jurisdiction  of 
all  parties  interested  may  be  had  by  publication  of  a  notice  of  the  pendency  of  the  pro- 
ceeding for  at  least  once  a  week  for  three  weeks  in  some  paper  of  general  circulation 
published  in  the  county  where  the  action  is  pending;  provided,  that  if  the  property  of 
the  district  is  situate  in  more  than  one  county  then  the  publication  shall  be  made  in  one 
paper  in  each  county  wherein  the  same  is  situate,  such  paper  or  papers  to  be  designated 
by  the  court  having  jurisdiction  of  the  proceeding;  jurisdiction  shall  be  complete  in 
thirty  days  after  the  completion  of  such  notice  in  the  manner  herein  provided.  Any  one 
interested  may  at  any  time  before  the  expiration  of  said  thirty  days  appear  and  contest 
the  validity  of  the  proceedings  already  had  and  of  the  plan  proposed  for  the  dissolution 
of  said  district,  or  any  portion  thereof,  including  the  validity  of  any  portion  of  the 
indebtedness  set  out  in  said  petition,  and  the  court  may  determine  the  validity  of  any 
sales  for  assessments,  and  may  determine  the  amount  of  any  assessment  or  assessments 
due  upon  the  various  parcels  and  lots  of  real  estate  within  said  district,  and  may 
determine  the  amount  of  any  assessment  or  assessments  theretofore  paid  upon  the 
various  parcels  and  lots  of  real  estate  herein,  and  may  in  said  proceeding  adjust  and 


Act  2267d,  §§  5-9  GENERAL   LAWS.  tSSa 

determine  the  rights  and  liabilities  of  all  parties.  Such  action  shall  be  speedily  tried 
and  judgment  rendered.  Either  party  shall  have  the  right  to  appeal  at  any  time  within 
thirty  days  after  the  entering  of  such  judgment,  and  the  appeal  must  be  heard  and 
determined  within  three  months  after  the  taking  of  such  appeal. 

Fa«ts  required  by  superior  court.     Costs  of  contests. 

$  5.  Said  petition  to  the  superior  court  shall  set  forth  the  facts  required  to  be  set 
forth  in  the  petition  to  the  board  of  directors  and  all  the  proceedings  therein,  and  at 
the  hoaring  the  court  shall  hear  and  determine  the  regularity,  legality,  and  correct- 
ness of  all  proceedings,  and  in  doing  so  shall  disregard  any  error,  irregularity,  or  omis- 
sion which  does  not  affect  the  substantial  rights  of  the  parties.  The  rules  of  pleading 
and  practice  in  the  Code  of  Civil  Procedure  not  inconsistent  with  the  provisions  of 
this  act  are  made  applicable  to  the  proceeding  herein  provided.  The  costs  of  any 
contest  may  be  allowed  and  proportioned  between  the  parties  or  taxed  to  the  losing 
party  in  the  discretion  of  the  court,  and  no  contest  of  any  matter  or  thing  herein 
provided  for  shall  be  made  other  than  in  the  time  and  manner  herein  specified. 

Assessment  payer  may  bring  action. 

§  6.  If  no  such  proceeding  shall  have  been  filed  by  the  board  of  directors  within 
thirty  days  after  the  canvass  of  said  vote,  then  any  district  assessment  payer  may  bring 
in  action  in  the  superior  court  of  the  county  wherein  the  office  of  the  board  of  directors 
's  located.  The  board  of  directors  shall  be  made  parties  defendant  and  notice  shall  be 
served  on  the  members  of  the  board  personally,  if  they  can  be  found  in  the  state,  if 
not,  then  service  by  publication  as  provided  in  section  4,  shall  be  sufficient.  Proceedings 
lihall  be  had  in  the  same  manner  and  with  the  same  effect  as  if  brought  by  the  board  of 
directors. 

Assets  of  district  may  be  acquired  by  corporation. 

§  7.  A  corporation  may  be  organized  under  general  laws  for  the  purpose  of  acquir- 
ing the  assets  of  said  district,  including  the  irrigation  system,  if  any,  dams,  reservoirs, 
canals,  franchises  and  water  rights,  which  corporation  shall  have  all  the  powers,  rights 
and  franchises  of  corporate  bodies  organized  under  general  laws,  and  in  addition  shall 
have  such  further  powers  as  may  be  necessary  to  possess  and  carry  on  said  irrigation 
system  and  exercise  such  franchise  and  water  rights. 

Power  of  court.     Sale  of  assets. 

$  8.  The  court  in  its  decree  shall  have  power  to  make  the  orders  necessary  to  carry 
out  said  proposition  for  the  discharge  of  the  indebtedness  and  distribution  of  the  prop- 
erty of  said  district,  including  the  right  to  apportion  any  indebtedness  found  due,  and 
to  declare  said  portions  liens  upon  the  various  parcels  and  lots  of  land  within  the 
district,  and  may  decree  a  sale  of  its  assets  in  such  manner  as  may  effectuate  said 
proposition  and  as  the  said  court  may  judge  best,  either  in  one  lot  or  in  such  parcels 
as  may  be  provided,  and  may  provide  for  conveyance  of  said  irrigation  system,  including 
dams,  reservoirs,  canals,  franchises  and  water  rights,  and  also  of  any  other  assets  of 
the  district,  including  lands  sold  thereto  and  the  assessments  due  it. 

Assessments  to  be  liens.     Redemptions. 

^  9.  The  amounts  of  any  assessment  or  assessments  found  due  upon  the  various 
parcels  and  lots  of  real  estate  within  said  district,  and  the  amounts  for  which  sales 
have  been  made,  which  sales  have  been  determined  to  be  valid  by  said  court,  together 
with  legal  interest  from  the  date  of  said  sales  and  from  the  time  when  said  assess- 
ments become  delinquent,  shall  be  liens  respectively  on  the  lots  and  parcels  affected 
thereby,  and  the  purchaser  or  purchasers  at  said  sale  may  foreclose  the  same  by 
action  in  the  superior  court,  and  shall  in  said  action  join  all  lots,  assessments,  and 


13.J3  IRRIGATION  AND  IRRIGATION  DISTRICTS.  Act  226S.  §§  1, 2 

sales  Tvhich  may  have  been  purchased  by  him  and  which  remain  unredeemed.  A 
redemption  may  be  made  at  any  time  by  payment  of  the  amount  due  to  the  clerk  of 
the  court  for  the  use  of  the  district  if  before  sale,  and  for  the  use  of  the  purchaser 
if  after  sale,  and  the  clerk  shall  thereupon  enter  a  minute  of  said  payment,  which  pay- 
ment shall  be  in  the  discharge  of  said  lien.  Redemption  from  the  lien  created  for  any 
portion  of  the  indebtedness  can  be  had  in  this  manner. 

Disposition  of  surplus  money. 

^  10.  Whenever  all  the  property  of  such  irrigation  district  shall  have  been  disposed 
of,  and  all  the  indebtedness  and  obligations  thereof,  if  any  there  be,  shall  have  been 
discharged,  the  balance  of  the  money  of  said  district  shall  be  distributed  to  the  assess- 
ment payers  in  said  district  upon  the  last  assessment-roll  in  the  proportion  in  which 
each  has  contributed  to  the  total  amount  of  said  assessment,  and  the  court  shall  enter 
a  final  decree  declaring  said  district  to  be  dissolved. 

Indebtedness,  schedule  of. 

$  IOV2.  In  the  petition  mentioned  in  section  2  of  this  act  it  shall  not  be  necessary 
to  include  in  the  schedule  of  indebtedness  any  bond,  coupon,  warrant  or  other  indebt- 
edness, claim  or  demand  which  shall  have  been  barred  by  the  laws  of  this  state  prior 
to  the  filing  of  said  petition  with  the  board  of  directors  of  said  irrigation  district,  nor 
shall  it  be  necessary  in  winding  up  the  affairs  of  any  district  organized  under  the  laws 
of  this  state  to  pay  all  or  any  portion  of  a  debt  or  obligation  of  such  district,  for  the 
enforcement  of  which  debt  or  obligation  a  suit  is  barred  by  the  laws  of  this  state. 
[New  section  approved  March  3,  1909,  Stats.  1909,  p.  139.] 

$  11.     This  act  shall  take  effect  immediately. 

FUNDING  ACT  OF  1897. 
ACT  2268 — An  act  to  provide  for  the  issue  and  sale  or  exchange  of  funding  bonds  of 
irrigation  districts  organized  under  and  in  pursuance  of  an  act  of  the  legislature 
of  the  state  of  California  entitled  "An  act  to  provide  for  the  organization  and 
government  of  irrigation  districts,  and  to  provide  for  the  acquisition  of  water  and 
other  property,  and  for  the  distribution  of  water  thereby  for  irrigation  purposes, ' ' 
approved  March  7,  1887,  to  provide  for  the  pajnnent  of  such  bonds,  and  for  proceed- 
ings to  test  the  validity  of  the  same. 

History:  Approved  April  1,  1897,  Stats.  1897,  p.  394.  Amended 
March  16,  1901,  Stats.  1901,  p.  514.  This  act  is  probably  to  be  treated 
as  a  supplement  to  the  Wright  act.     See  Act  2259. 

Provision  for  payment  of  bonds  of  irrigation  district. 

^  1.  Whenever  an  irrigation  district  organized,  under  the  provisions  of  an  act 
entitled  "An  act  to  provide  for  the  organization  and  government  of  irrigation  districts, 
and  to  provide  for  the  acquisition  of  water  and  other  property,  and  for  the  distribution 
of  water  thereby  for  irrigation  purposes,"  approved  March  seventh,  eighteen  hundred 
and  eighty-seven,  or  said  act  and  the  acts  supplementary  thereto,  or  amendatory  thereof, 
has  outstanding  bonds,  coupons,  or  other  evidences  of  indebtedness,  the  payment 
thereof  may  be  provided  for  by  the  issuance  of  new  bonds,  in  the  manner  hereinafter 
prescribed. 

Majority  may  act. 

$  2.  A  majority  in  number  of  the  holders  of  title,  or  evidences  of  title  to  real  prop- 
erty in  any  irrigation  district,  subject  to  assessment,  such  holders  of  title,  or  evidences 
of  title,  representing  a  majority  in  value  of  the  real  property  of  such  district  according 
to  the  equalized  assessment-roll  or  rolls  of  such  district  for  the  year  last  preceding, 


Act  2268.  §g  3-11 


GENERAL   LAWS. 


1334 


may  i)ropose  the  funding  of  such  bonds,  coupons,  or  other  evidences  of  indebtedness. 
Said  equalized  assessment-roll  or  rolls  shall  be  suflBcient  evidence  of  title  for  the  pur- 
poses of  this  act. 

Proceedings  necessary  to  propose  funding  of  bonds. 

$  3.  In  order  to  propose  the  funding  of  such  bonds,  coupons,  or  other  evidences  of 
iiulobtedness,  a  petition  shall  be  presented  to  the  board  of  directors  of  such  irrigation 
district,  signed  by  a  majority  in  number  of  holders  of  title,  or  evidences  of  title  to 
real  property  in  such  district,  and  representing  a  majority  in  value  of  the  real  prop- 
erty of  said  district,  subject  to  assessment  for  district  purposes,  which  petition  shall 
set  forth  the  amount  of  bonds,  coupons,  or  other  evidences  of  indebtedness  proposed  to 
be  funded,  together  with  a  general  description  of  same,  also  the  total  amount  of 
the  bonds  sought  to  be  issued  (provided,  that  said  amount  shall  in  no  case  be  greater 
than  the  total  amount  of  bonds,  coupons,  and  other  evidences  of  indebtedness  then 
outstanding  and  sought  to  have  funded),  together  with  a  full  and  complete  statement 
of  the  purjjoses  for  which  such  bonds  are  to  be  used.  On  presentation  of  such  petition, 
the  same  shall  be  entered  in  full  on  the  minutes  of  the  board. 

Election  to  authorize  the  issuing  of  bonds  "by  irrigation  districts  to  refund  bonded 

debt.    Two-thirds  vote  necessary. 

§  4.  Immediately  after  the  recording  of  said  petition  the  board  of  directors  shall 
call  a  special  election,  at  which  shall  be  submitted  to  the  electors  of  such  district  the 
question  whether  or  not  the  bonds  of  such  district,  in  the  amount  set  forth  in  said 
petition,  shall  be  issued.  Notice  of  such  election  must  be  given  by  the  secretary  of 
said  district  by  posting  notices  in  three  public  places  in  each  election  precinct  in  said 
district  for  at  least  twenty  da^s,  and  also  by  publication  of  such  notice  in  some  news- 
paper published  in  the  county,  where  the  office  of  the  board  of  directors  of  such  dis- 
trict is  required  to  be  kept,  once  a  week  for  at  least  three  successive  weeks  before 
such  election.  Such  notice  must  specify  the  time  of  holding  the  election,  the  amount 
of  bonds  proposed  to  be  issued,  the  amount  of  bonds,  coupons,  or  other  evidences  of 
indebtedness  proposed  to  be  refunded,  together  with  a  general  description  of  the  same. 
Said  election  shall  be  held  and  the  result  thereof  determined  and  declared  in  all 
respects  as  nearly  as  practicable  in  conformity  with  the  provisions  governing  the  elec- 
tion of  officers;  as  provided  by  the  law  governing  irrigation  districts  at  the  time  of  the 
holding  of  the  election  herein  provided  for;  provided,  that  no  informalities  in  conduct- 
ing such  an  election  shall  invalidate  the  same,  if  the  election  shall  have  been  otherwise 
fairly  conducted.  At  such  an  election  the  ballot  shall  contain  the  words  "Bonds — 
Yes"  or  "Bonds — No,"  or  words  equivalent  thereto.  If  two-thirds  of  the  votes  cast 
at  such  election  are  "Bonds — Yes,"  the  board  of  directors  shall  direct  and  cause  bonds 
in  said  amount  to  be  issued.  If  more  than  one-third  of  the  votes  cast  at  such  election 
are  "Bonds — No,"  the  result  of  such  election  shall  be  so  declared.  The  result  in 
either  case  sliall  be  duly  entered  of  record.  [Amendment  approved  March  16,  1901. 
Stats.  1901,  p.  514.     In  effect  immediately.] 

^  5,  6,  7,  8,  9,  10,  repealed  March  16, 1901.    Stats.  1901,  p.  515.    In  effect  immediately. 

Issue  and  payment  of  bonds,  etc.    Interest. 

§  11.  If  said  bonds  are  directed  to  be  issued  as  herein  provided  for,  the  board  of 
directors  shall  cause  the  same  to  be  issued.  Said  bonds  shall  be  made  payable  in  gold 
coin  of  the  United  States,  and  in  twenty  series,  as  follows,  to  wit:  On  the  first  day  of 
January  after  the  expiration  of  twenty  years,  five  per  cent  of  the  whole  amount  of  said 
bonds,  and  on  the  first  day  of  January  of  each  year  thereafter,  an  equal  amount  of  such 
bonds  until  all  shall  have  been  finally  paid;  that  is,  five  per  cent  of  the  whole  issue  of 
bonds — not  five  per  cent  of  each  bond — each  being  wholly'  payable  when  due.     Said 


1335  IRRIGATION  AND  IRRIGATION  DISTRICTS.  Act  2268,  §§  12-15 

bonds  shall  bear  interest  at  the  rate  of  five  per  cent  per  annum,  payable  semiannually 
on  the  first  day  of  January  and  July  of  each  year.  They  shall  be  negotiable  in  form, 
and  shall  be  of  denominations  of  not  less  than  one  hundred  dollars,  nor  more  than  five 
hundred  dollars.  Said  bonds  shall  in  all  respects  conform  to  the  form  of  bonds  pre- 
scribed by  the  laws  governing  irrigation  districts  at  the  time  of  their  issue,  except  as 
herein  otherwise  provided. 

Bonds  not  to  be  sold  for  less  than  pax. 

5  12.  It  shall  be  unlawful  to  sell  or  exchange  any  of  the  bonds  issued  as  herein  pro- 
vided, for  less  than  their  par  value. 

Duty  of  district  treasurer. 

§  13,  When  bonds  issued  under  this  act  shall  be  duly  executed,  they  shall  be  depos- 
ited with  the  treasurer  of  the  district,  and  his  receipt  shall  be  taken  therefor,  and  he 
shall  be  charged  with  the  same  on  his  official  bond,  and  shall  have  no  power  to  deliver 
the  same  in  exchange  for  any  bonds  or  indebtedness  proposed  to  be  funded  until  the 
bonds  or  evidence  of  indebtedness  proposed  to  be  funded  shall  have  been  surrendered 
to  him,  and  he  shall  have  been  ordered  by  the  board  of  directors  of  the  district,  by 
an  order  duly  entered  on  their  records,  to  make  such  delivery.  When  such  bonds  have 
been  exchanged  for  other  bonds,  coupons,  or  other  evidences  of  indebtedness,  the  treas- 
urer shall  at  once  cancel  such  other  bonds,  coupons,  or  other  evidences  of  indebtedness 
by  writing  across  the  face  thereof  "canceled,"  and  the  date  of  cancellation,  and  report 
the  same  with  his  monthly  report  to  the  board  of  directors  of  the  district,  designating 
the  bond,  coupon,  or  other  evidence  of  indebtedness,  so  that  it  can  be  identified,  the 
date  of  cancellation,  and  the  person  from  whom  it  was  received,  together  with  the 
amount  paid  therefor,  or  the  terms  of  exchange,  in  case  there  is  an  exchange. 

Sale  of  bonds;  powers  of  board. 

$  14.  When  said  bonds  are  issued  for  the  purpose  of  sale  to  the  highest  bidder,  the 
board  may  sell  said  bonds  from  time  to  time,  in  such  quantities  as  may  be  necessary 
and  most  advantageous,  to  raise  money  to  pay  bonds,  coupons,  or  other  evidences  of 
indebtedness  of  the  district  which  were  outstanding  at  the  time  of  the  filing  of  said 
petition,  and  generally  described  therein.  Before  making  any  sale,  the  board  shall  at  a 
meeting,  by  resolution,  declare  its  intention  to  sell  a  specified  amount  of  bonds,  which 
resolution  shall  be  entered  in  the  minutes,  and  notice  of  the  sale  shall  be  given  by  pub- 
lication thereof  for  at  least  three  weeks  in  a  newspaper  published  in  the  county 
in  which  the  office  of  the  board  of  directors  is  kept.  The  notice  shall  state  that  sealed 
proposals  will  be  received  by  the  board  at  its  office  for  the  purchase  of  bonds  till  the 
day  and  hour  named  in  the  resolution.  At  the  time  appointed  the  board  shall  open  the 
proposals  and  award  the  purchase  of  bonds  to  the  highest  responsible  bidder,  or  may 
reject  all  bids;  but  said  bonds  shall  in  no  event  be  sold  for  less  than  their  par  value, 
including  accrued  interest.  All  moneys  realized  from  the  sale  of  bonds  issued  undei 
the  provisions  of  this  act  shall  be  paid  into  the  hands  of  the  district  treasurer,  and  by 
him  kept  in  a  separate  fund,  known  as  the  funding  fund,  and  shall  be  applied  exclusively 
to  the  payment  of  bonds,  coupons,  or  other  evidences  of  indebtedness  of  the  district 
outstanding  at  the  time  of  filing  the  said  petition,  and  described  therein. 

Levy  of  assessment  to  pay  bonds. 

§  15.  At  the  time  fixed  for  the  levying  of  assessments  for  other  purposes  authorized 
by  the  district  irrigation  law  then  in  force,  there  shall  be  levied  an  assessment  sufficient 
in  amount  to  pay  the  principal  and  interest  then  due  and  unpaid  on  any  bonds  issued 
by  authority-  of  this  act,  and  also  the  amount  to  become  due  on  any  such  bonds  during 
the  year  following  such  levy.  The  assessment  so  levied  shall  be  computed  and  entered 
in  the  assessment-roll  in  the  same  manner  and  shall  be  collected  at  the  same  time  and 


Act  2208a,  S  1  GIDNIDRAL.  LAWS.  1336 

in  the  same  manner  as  other  assessments  authorized  by  the  district  irrigation  law  then 
in  force,  and  when  collected,  shall  be  paid  into  the  district  treasury,  for  the  purposes 
herein  authorized;  and  all  the  provisions  of  said  district  irrigation  law  relating  to  the 
collection  of  assessments  and  the  sale  and  redemption  of  property  therefor  shall  be 
applicable  to  the  assessments  levied  under  this  act. 

Bonds  not  to  be  exchanged  for  less  than  par  value. 

§  16.  The  bonds  issued  as  herein  provided  for  may  be  exchanged,  at  not  less  than 
their  par  value,  for  any  of  the  indebtedness  set  out  and  described  in  the  notice  of  the 
election  authorizing  the  issuance  of  said  refunding  bond.  A  contract  for  such  exchange 
may  be  made  by  the  board  of  directors  upon  such  terms  as  said  board  may  deem  advis- 
able; jDrovided,  that  they  must  receive  not  less  than  the  par  value  for  the  bonds  so 
exchanged.  [Amendment  approved  March  16,  1901.  Stats.  1901,  p.  515.  In  effect 
immediately.] 

Unnecessary  bonds  may  "be  destroyed. 

^  17.  Whenever  there  remains  in  the  hands  of  the  treasurer  of  any  district  any 
funding  bonds  voted  to  be  issued  by  said  district,  but  not  used,  and  not  necessary  to  be 
used  for  the  funding  purposes  set  out  and  described  in  the  petition  for  the  issuance  of 
said  bonds,  then  said  board  of  directors,  shall  at  a  regular  meeting,  within  three  months 
after  the  completion  of  the  funding,  cause  the  same  to  be  destroyed  and  a  record  to  be 
made  thereof,  and  the  total  amount  of  bonds  so  destroyed  and  canceled  shall  be  de- 
ducted from  the  sum  authorized  to  be  issued  by  the  electors  of  said  district,  and  no 
part  thereof  shall  be  thereafter  reprinted  or  reissued. 

Bonds  are  a  lien  on  property. 

§  18.  Any  bonds  issued  under  the  provisions  of  this  act  shall  be  a  lien  upon  the  real 
property  of  the  district,  and  said  bonds  and  the  interest  thereon  shall  be  paid  by  reve- 
nue derived  from  an  annual  assessment  upon  the  real  property  of  the  district,  and 
all  the  real  property  in  said  district  shall  be  and  remain  liable  to  be  assessed  for  such 
payments  as  hereinbefore  provided.  [Amendment  approved  March  16,  1901.  Stats. 
1901,  p.  515.     In  effect  immediately.] 

$  19.     This  act  shall  take  effect  from  and  after  its  passage. 

LEGALIZING  IRRIGATION  BONDS. 
ACT  2268a — An  act  to  legalize  bonds  issued  and  to  be  issued  and  sold  by  irrigation 
districts. 

History:     Approved  May  26,  1915.     In  effect  August  8,  1915,  Stats. 
1915,  p.  837. 

Irrigation  district  bonds  legalized. 

§  1.  In  all  cases  subsequent  to  January  1,  1910,  where  the  board  of  directors  of  any 
irrigation  district  in  the  state  of  California  has  passed  a  resolution  calling  an  election 
for  the  purpose  of  submitting  to  the  qualified  electors  of  such  irrigation  district  the 
question  of  whether  or  not  bonds  of  such  district  should  be  issued  for  any  purpose  and 
where  at  such  election  four-fifths  of  all  the  qualified  electors  voting  at  such  election 
shall  have  voted  in  favor  of  issuing  such  bonds  and  such  board  of  directors  shall  have 
passed  a  resolution  or  order  providing  for  the  issuing  of  such  bonds,  the  power  of  such 
irrigation  district  to  issue  such  bonds  and  all  the  acts  and  proceedings  of  such  irriga- 
tion district  leading  up  to  and  including  the  issuance  and  sale  or  the  proposed  issuance 
and  sale  of  such  bonds  are  hereby  legalized,  ratified,  confirmed  and  declared  valid  to  all 
intents  and  purposes,  and  all  such  bonds  sold  either  before  or  after  the  passage  of  this 
act  are  hereby  legalized  and  declared  to  be  legal  and  valid  obligations  of  and  against 
such  irrigation  district  so  issuing  and  selling  the  same. 


1337  IRRIGATION  AXD  IRRIGATION  DISTRICTS.  Acts  2268b,  2271,  §  1 

REFUNDING  ACT  OF  1919. 

ACT  2268b — An  act  to  authorize  irrigation  districts  to   refund   outstanding   bonded 

indebtedness. 

History:  Approved  May  25,  1919.  In  effect  July  25,  1919.  Stats. 
1919,  p.  1004. 

Refunding  bonded  indebtedness  of  irrigation  district. 

$  1.  The  board  of  directors  of  anj'  irrigation  district  organized  or  existing  under  or 
subject  to  the  provisions  of  the  California  irrigation  district  act  approved  March  31, 
1897,  as  amended,  providing  for  the  organization  and  government  of  irrigation  districts, 
that  has  an  outstanding  indebtedness  evidenced  by  bonds  lawfully  issued  prior  to  Janu- 
ary 1,  1913,  may,  by  a  majority  vote  of  the  members  of  the  board,  submit  to  the  electors 
of  the  irrigation  district  at  any  election  the  proposition  of  the  issuance  of  new  bonds 
for  the  purpose  of  refunding  the  bonds  outstanding,  as  the  same  become  due.  Such 
election  shall  be  held,  and  the  vote  thereon  shall  be  the  same  as  provided  by  the  Cali- 
fornia irrigation  district  act  for  the  issuance  of  other  irrigation  district  bonds;  pro- 
vided, no  petition  therefor  need  be  circulated  or  signed;  and  provided,  further,  that  a 
majority  of  the  votes  of  those  voting  on  said  proposition  shall  be  sufficient  to  carry  the 
same.  Such  bonds  shall  bear  interest  at  a  rate  the  same  as  or  lower  than  the  bonds 
to  be  refunded  and  no  refunding  bond  shall  have  a  later  date  of  maturity  than  twenty 
years  from  the  date  of  its  issue. 

Form.    Sale. 

§  2.  The  refunding  bonds  shall  be  issued  in  substantially  the  manner  and  in  the 
form  required  by  law  for  the  issuance  of  other  bonds  of  the  district.  These  bonds  may 
be  sold  from  time  to  time  in  the  same  manner  as  other  bonds  of  the  district,  or,  if  the 
directors  of  the  district  and  the  holders  of  any  of  the  bonds  reaching  maturity  so  elect, 
they  may  be  exchanged  in  payment  of  the  bonds  so  maturing  as  such  bonds  mature. 

Tax  levy  to  pay  interest  and  principal. 

$  3.  The  board  of  directors  shall  cause  to  be  assessed  and  levied  each  year  upon  the 
assessable  property  in  the  district,  in  addition  to  the  levy  authorized  for  other  pui'poses, 
a  sufficient  sum  to  pay  the  interest  on  or  any  principal  of  such  refunding  bonds  in  the 
same  manner  as  is  provided  in  the  California  irrigation  district  act  in  the  case  of  other 
bonds. 

IRRIGATION  BONDS  AS  LEGAL  INVESTMENTS. 
ACT  2271 — An  act  relating  to  bonds  of  irrigation  districts,  providing  under  what  cir- 
cumstances such  bonds  shall  be  legal  investments  for  funds  of  banks,  insurance  com- 
panies and  trust  companies,  trust  funds,  state  school  funds  and  any  money  or  funds 
which  may  now  or  hereafter  be  invested  in  bonds  of  cities,  cities  and  counties,  coun- 
ties, school  districts  or  municipalities,  and  providing  under  what  circumstances  the 
use  of  bonds  of  irrigation  districts  as  security  for  the  performance  of  any  act  may  be 
authorized. 

History:  Approved  June  13,  1913.  In  effect  August  10,  1913.  Stats. 
1913,  p.  778.  Amended  May  20,  1915.  In  effect  August  10,  1915.  Stats. 
1915,  p.  692.  May  17,  1917.  In  effect  July  27,  1917.  Stats.  1917,  p. 
582.  May  25,  1919.  In  effect  July  25,  1919.  Stats.  1919,  p.  1207.  Prior 
act  of  March  9,  1911,  Stats.  1911,  p.  322,  and  of  December  18,  1911, 
Stats.  911  (ex.  sess.),  p.  3,  were  superseded,  if  not  repealed,  by  the 
present  act. 

Resolution  declaring  irrigation  district  bonds  available. 

$  1.  Whenever  the  board  of  directors  of  any  irrigation  district  organized  and  exist- 
ing under  and  pursuant  to  the  laws  of  the  state  of  California  shall  by  resolution  declare. 
that  it  deems  it  desirable  that  an}'  contemplated  or  outstanding  bonds  of  said  district, 


Act  2271.  8§  2.  3  GENERAL   LAWS.  1338 

including  any  of  its  bonds  authorized  but  not  sold,  shall  be  made  available  for  the 
purposes  provided  for  in  section  7  of  this  act,  the  said  board  of  directors  shall  there- 
upon file  a  certified  copy  of  such  resolution  with  the  conamission  hereinafter  pro- 
vided for. 

Report  of  commission  on  affairs  of  district. 

§  2.  Such  commission,  upon  the  receipt  of  a  certified  copy  of  such  resolution,  shall, 
without  delay,  make  or  cause  to  be  made  an  investigation  of  the  affairs  of  the  district 
and  report  in  writing  upon  such  matters  as  it  may  deem  essential,  and  particularly 
upon  the  following  points: 

(a)  The  supply  of  water  available  for  the  project  and  the  right  of  the  district  to  so 
much  water  as  may  be  needed. 

(b)  The  nature  of  the  soil  as  to  its  fertility  and  susceptibility  to  irrigation,  the  prob- 
able amount  of  water  needed  for  its  irrigation  and  the  probable  need  of  drainage. 

(c)  The  feasibility  of  the  district's  irrigation  system  and  of  the  specific  project  for 
which  the  bonds  under  consideration  are  desired  or  have  been  used,  whether  such  sys- 
tem and  project  be  constructed,  projected  or  partially  completed. 

(d)  The  reasonable  market  value  of  the  water,  water  rights,  canals,  reservoirs,  reser- 
voir sites  and  irrigation  works  owned  by  such  district  or  to  be  acquired  or  constructed 
by  it  with  the  proceeds  of  any  of  such  bonds. 

(e)  The  reasonable  market  value  of  the  lands  included  within  the  boundaries  of  the 
district. 

(f)  Wliether  or  not  the  aggi-egate  amount  of  the  bonds  under  consideration  and  anj' 
other  outstanding  bonds  of  said  district,  including  bonds  authorized  but  not  sold, 
exceeds  sixty  per  centum  of  the  aggregate  market  value  of  the  lands  within  said  district 
and  of  the  water,  water  rights,  canals,  reservoirs,  reservoir  sites,  and  irrigation  works 
owned,  or  to  be  acquired  or  constructed  with  the  proceeds  of  any  of  said  bonds,  by  said 
district,  as  determined  in  accordance  with  paragraphs  (d)  and  (e)  in  this  section. 

(g)  The  numbers,  date  or  dates  of  issue  and  denominations  of  the  bonds,  if  any, 
which  the  commission  shall  find  are  available  for  the  purposes  provided  for  in  section  7 
of  this  act,  and,  if  the  investigation  has  covered  contemplated  bonds,  the  total  amount 
of  bonds  which  the  district  can  issue  without  exceeding  the  limitation  expressed  in 
paragraph  (f )  of  this  section. 

Report  filed  with  controller  and  secretary  of  district.  When  entitled  to  controller's 
certificate.  Unlawful  to  issue  bonds  not  entitled  to  certificate.  Controller's  record 
of  bonds  certified  to. 

$  3.  The  written  report  of  the  investigation  herein  provided  for  shall  be  filed  in  the 
office  of  the  state  controller,  and  a  copy  of  said  report  shall  by  the  commission  be  for- 
warded to  the  secretary  of  the  district  for  which  the  investigation  shall  have  been 
made,  and  if  said  commission  shall  have  found,  as  set  out  in  said  report,  that  the  irri- 
gation system  of  the  district  and  the  specific  project  for  which  the  bonds  under  con- 
sideration are  desired  or  have  been  used,  -whether  such  project  be  constructed,  projected 
or  partially  completed,  are  feasible  and  that  the  aggregate  amount  of  the  bonds  under 
consideration  and  any  other  outstanding  bonds  of  said  district,  including  bonds  author- 
ized but  not  sold,  does  not  exceed  sixty  per  centum  of  the  aggregate  market  value  of 
the  lands  within  said  district  and  of  the  water,  water  rights,  canals,  reservoir,  reservoir 
sites,  and  irrigation  works  owned  or  to  be  acquired  or  constructed  with  the  proceeds  of 
any  of  said  bonds  by  said  district,  the  bonds  of  such  irrigation  district,  as  described 
and  enumerated  in  said  report  filed  with  the  state  controller,  shall  be  certified  b}^  the 
state  controller,  as  hereinafter  provided  for.    If  the  commission  shall  be  notified  by  the 


I 


J 


1339  IRRIGATION  AND  IRRIGATION  DISTRICTS.  Act  2271,  gg  Sa-4 

board  of  directors  of  any  district  whose  irrigation  system  has  been  found  in  such  report 
to  be  feasible  that  the  district  has  issued  bonds  and  the  commission  shall  find  that  said 
bonds  are  for  any  project  or  projects  approved  in  such  report  and  that  the  amount  of 
said  bonds  does  not  exceed  the  limitation  stated  in  such  report,  the  commission  shall 
prepare  and  file  Avith  the  state  controller  a  supplementary  report  giving  the  numbers, 
date  or  dates  of  issue  and  denominations  of  said  bonds,  which  shall  then  be  entitled  to 
certification  by  the  state  controller  as  hereinafter  provided  for.  Subsequent  issues  or 
bonds  may  be  made  available  for  the  purposes  specified  in  this  act  upon  like  proceedings 
by  said  district,  but,  after  any  of  the  bonds  of  an  irrigation  district  have  been  enumer- 
ated and  described  as  entitled  to  certification  by  the  state  controller  as  herein  provided 
for,  it  shall  be  unlawful  for  that  district  to  issue  bonds  that  will  not  be  entitled  to  such 
certification.  It  is  hereby  made  the  duty  of  the  state  controller  to  provide  for  filing 
and  preserving  the  reports  mentioned  in  this  section  and,  also,  to  make,  keep  and  pre- 
serve a  record  of  the  bonds  certified  by  him  in  accordance  with  the  provisions  of  section 
four  of  this  act,  including  the  date  of  certification,  the  legal  title  of  the  district,  the 
number  of  each  bond,  its  par  value,  the  date  of  its  issue  and  that  of  its  maturity. 

Provisions  directory. 

^  3a.  The  provisions  of  section  two  of  this  act  as  to  the  points  upon  which  said  com- 
mission shall  report  are  directory  merely  and  the  board  may  authorize  such  certification 
when  in  their  opinion,  subject  to  the  provisions  otherwise  contained  in  this  act,  their 
findings  justify  such  action.  [New  section  added  May  17,  1917.  In  effect  July  27, 
1917.    Stats.  1917,  p.  583.] 

No  expenditures  without  consent  of  commission. 

§  3b.  Whenever  the  bonds  of  any  irrigation  district  have  been  certified,  as  provided 
in  this  act,  no  expenditure  of  any  kind  shall  be  made  from  the  construction  fund  of 
such  district  without  the  consent  of  the  commission  provided  for  in  this  act  and  no 
obligation  shall  be  incurred  chargeable  against  such  fund  without  previous  authorization 
of  the  commission  nor  shall  any  expense  of  any  kind  be  incurred  in  excess  of  money 
actually  provided  by  lev}'^  of  assessment  or  otherwise.  [New  section  added  May  17, 
1917.    In  effect  July  27, 1917.    Stats.  1917,  p.  583.] 

Certification  of  irrigation  district  honds  hy  commission. 

§  3c.  Whenever  the  surveys,  examinations,  drawings  and  plans  of  an  irrigation  dis- 
trict, and  the  estimate  of  cost  based  thereon,  shall  provide  that  the  works  necessary  for 
a  completed  project  shall  be  constructed  progressively  over  a  period  of  years  in  accord- 
ance with  section  thirty  of  the  California  irrigation  district  act,  and  in  accordance  with 
a  plan  or  schedule  adopted  by  resolution  of  the  board  of  directors  of  the  district,  it  shall 
not  be  necessary  for  the  commission  to  certify  at  one  time  all  of  the  bonds  that  have 
been  voted  for  the  said  completed  project;  but  such  bonds  may  be  certified  from  time 
to  time  as  needed  by  the  district.  If  the  commission  shall  certify  all  of  the  bonds 
necessary  for  the  said  completed  project,  even  if  said  project  is  to  be  constructed 
progressively  over  a  period  of  years  in  accordance  with  the  aforesaid  resolution  of  the 
board  of  directors,  the  bonds  so  voted  and  certified  shall  only  be  sold  after  prior  writ- 
ten approval  of  the  commission.  [New  section  added  May  25,  1919.  In  effect  July  25, 
1919.    Stats.  1919,  p.  1207.] 

Certification  of  irrigation  bonds. 

§  4.  Whenever  any  bond  of  an  irrigation  district  organized  and  existing  as  afore- 
said, including  any  bond  authorized  in  any  such  district  but  not  sold,  which  shall  be 
eligible  to  certification  by  the  state  controller  under  section  three  of  this  act,  shall  be 


Act  2271.  §§  5-7  GENERAL.   LAWS.  134« 

presented  to  the  state  controller,  he  shall  cause  to  be  attached  thereto  a  certificate  in 
substantially  the  following  form : 

Form: 

Sacramento,  Cal.,  (insert  date). 

I    ,  controller  of  the  State  of  California,  do  hereby 

certify  that  the  within  bond,  No of  issue  No of  the 

irrigation  district,  issued (insert  date),  is,  in  accordance  with  an 

act  of  the  legislature  of  California  approved ,  a  legal  investment  for 

all  trust  funds  and  for  the  funds  of  all  insurance  companies,  banks,  both  commercial 
and  savings,  trust  companies,  the  state  school  funds  and  any  funds  which  may  be 
invested  in  county,  municipal  or  school  district  bonds,  and  it  may  be  deposited  as 
security  for  the  performance  of  any  act  whenever  the  bonds  of  any  county,  city,  city 
and  county,  or  school  district  may  be  so  deposited,  it  being  entitled  to  such  privileges  by 
virtue  of  an  examination  by  the  state  engineer,  the  attorney  general  and  the  superin- 
tendent of  banks  of  the  state  of  California  in  pursuance  of  said  act.  The  within  bond 
may  also,  according  to  the  constitution  of  the  state  of  California,  be  used  as  security 
for  the  deposit  of  public  money  in  banks  in  said  state. 


Controller  of  state  of  California. 
In  case  of  a  change  in  the  constitution  or  any  of  the  laws  of  this  state  relating  to  the 
bonds  of  irrigation  districts,  the  state  controller  shall,  if  necessary,  modify  the  above 
certificate  so  that  it  shall  conform  to  the  facts. 

Facsimile  signature  suf&cient. 

A  facsimile  of  the  controller's  signature,  printed  or  otherwise,  impressed  upon  said 
certificate  shall  be  a  suflBcient  signing  thereof;  provided,  that  the  imprint  of  the  con- 
troller's seal  thereon  shall  appear  upon  both  the  certificate  and  the  bond  over  and 
through  the  printed  signature.  [Amendment  of  May  20,  1915.  In  effect  August  8, 
1915.    Stats.  1915,  p.  692.] 

Commission  created. 

^  5.  The  attornej'  general,  the  state  engineer  and  the  superintendent  of  banks  are 
hereby  constituted  the  commission  herein  provided  for,  and  said  commission  shall  elect 
one  of  its  members  chairman  and  may  employ  such  clerks  and  assistants  as  may  be 
necessary  for  the  performance  of  the  duties  herein  imposed,  and  may  fix  the  compen- 
sation to  be  paid  to  such  clerks  and  assistants. 

Expenses. 

$  6.  All  necessary  expenses  incurred  in  making  the  investigation  and  report  in  this 
act  provided  for  shall  be  paid  as  the  commission  may  require  by  the  irrigation  district 
whoso  property  has  been  investigated  and  reported  on  by  the  said  commission;  provided, 
that  the  benefit  of  any  services  that  may  have  been  performed  and  any  data  that  may 
have  been  obtained  by  any  member  of  said  commission  or  any  other  public  official  in 
pursuance  of  the  requirements  of  any  law  other  than  this  act,  shall  be  available  for 
the  use  of  the  commission  herein  provided  for  without  charge  to  the  district  whose 
affairs  are  under  investigation. 

Bonds  certified  legal  investments  for  trust  funds,  etc. 

^  7.  All  bonds  certified  in  accordance  with  the  terms  of  this  act  shall  be  legal 
investments  for  all  trust  funds,  and  for  the  funds  of  all  insurance  companies,  banks, 
both  commercial  and  savings,  and  trust  companies,  and  for  the  state  school  funds,  and 
whenever  any  money  or  funds  may,  by  law  now  or  hereafter  enacted,  be  invested  in 
bonds  of  cities,  cities  and  counties,  counties,  school  districts,  or  municipalities  in  the 


J 


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1341  IRRIGATION  AXD  IRRIGATION  DISTRICTS.  Act  2272,  §§  1-5 

state  of  California,  such  money  or  funds  may  be  invested  in  the  said  bonds  of  irrigation 
districts,  and  whenever  bonds  of  cities,  cities  and  counties,  counties,  school  districts 
or  municipalities  may  by  any  law  now  or  hereafter  enacted  be  used  as  security  for 
the  performance  of  any  act,  bonds  of  irrigation  districts  under  the  limitations  in 
this  act  provided  may  be  so  used.  This  act  is  intended  to  be  and  shall  be  considered 
the  latest  enactment  upon  the  matters  herein  contained,  and  any  and  all  acts  in  conflict 
with  the  provisions  hereof  are  hereby  repealed. 

PAYMENT  OF  ASSESSMENTS  IN  INSTALLMENTS. 
ACT  2272 — An  act  to  permit  boards  of  directors  of  irrigation  districts  organized  or 
existing  under  and  by  virtue  of  an  act  of  the  legislature,  entitled  "An  act  to  provide 
for  the  organization  and  government  of  irrigation  districts,  and  to  provide  for  the 
acquisition  or  construction  thereby  of  works  for  the  irrigation  of  the  lands 
embraced  within  such  districts,  and  also  to  provide  for  the  distribution  of  water 
for  irrigation  purposes,"  approved  March  31,  1897;  to  provide  for  the  payment  in 
two  installments  of  the  assessments  levied  under  and  in  accordance  with  the  pro- 
visions of  said  act. 

History:     Approved  March  19,  1909,  Stats.  1909,  p.  415. 

Payment  of  assessments. 

§  1.  It  shall  be  lawful  for  boards  of  directors  of  irrigation  districts,  organized  or 
existing  under  or  by  virtue  of  an  act  of  the  legislature,  entitled  "An  act  to  provide 
for  the  organization  and  government  of  irrigation  districts,  and  to  provide  for  the 
acquisition  or  construction  thereby  of  works  for  the  irrigation  of  lands  embraced 
within  such  districts  and  also,  to  provide  for  the  distribution  of  water  for  irrigation 
purposes";  approved  March  31,  1897;  to  provide  for  the  payment  of  assessments  levied 
in  accordance  with  the  provision  of  said  act,  in  two  installments. 

May  be  payable  in  two  installments. 

$  2.  The  directors  of  any  such  irrigation  district  may,  whenever  they  shall  so  deter- 
mine, and  must  upon  a  petition  in  writing,  signed  by  a  majority  of  the  assessment 
payers  within  such  district,  pass  a  resolution  providing  that  thereafter  all  assessments, 
except  special  assessments  provided  for  by  section  34  of  said  act  of  1897,  shall  be  pay- 
able in  two  installments,  and  in  said  resolution  shall  specify  when  such  payments  may 
be  made. 

Resolution  for. 

$  3.  Such  resolution  must  be  passed  before  the  first  Monday  in  August,  and  can  not 
be  rescinded  to  take  effect  during  any  year  after  the  first  Monday  of  March  in  that  year. 

When  assessments  become  delinquent. 

$  4.  Whenever  the  board  of  directors  of  such  irrigation  district  shall  have  so  deter- 
mined, thereafter  one-half  of  the  assessments  levied  within  such  district  shall  become 
delinquent  at  6  o'clock  P.  M.  on  the  last  Monday  of  December,  and  one-half  thereof 
shall  become  delinquent  at  6  P.  M.  on  the  last  Monday  of  June  next  thereafter,  pro- 
vided that  where  an  assessment  has  been  levied  as  provided  in  section  34  of  said  act 
the  whole  of  such  assessment  shall  become  delinquent  on  the  last  Monday  in  December. 

Only  effect  of  this  act. 

§  5.  When  provision  is  made,  as  herein  provided,  for  the  payment  of  said  assess- 
ments in  two  installments,  the  publication  of  the  delinquent  list  provided  for  in  said 
act,  shall  not  be  made  before  the  first  day  of  July,  but  must  be  made  on  or  before  the 
first  day  of  August,  and  except  as  otherwise  herein  provided  all  of  the  provisions  of 
said  irrigation  act  or  acts  not  inconsistent  with  this  act  relative  to  the  assessment,  pay- 


Act  2373,  §§  1-3  GENERAL   LAWS.  1342 

ment  and  collection  of  assessments,  notice  of  assessments,  publication  of  delinquent  list, 
and  sale  for  delinquent  assessment,  and  all  othei'  provisions  I'elative  to  such  assessments 
shall  be  applicable,  and  the  only  effect  of  this  act  shall  be  to  permit  the  payment  of 
such  assessments  in  two  installments,  and  to  postpone  the  notice  of  sale  and  sale  pro- 
vided for  in  said  act  until  after  the  first  day  of  July,  and  when  sale  is  made  at  the  time 
herein  specified  it  shall  have  the  same  effect  as  though  made  at  the  time  and  in  the 
manner  specified  in  said  act  of  1897. 

RELEASE  OF  LIENS  UPON  CANCELLATION  OF  BONDS. 
ACT  2273 — An  act  to  provide  for  the  release  of  all  claims  and  liens  arising  from  irriga- 
tion district  bonds  and  interest  coupons  voluntarily  surrendered  for  cancellation,  and 
to  provide  for  the  establishment  of  record  of  such  release. 

History:     Approved  May  1,  1911,   Stats.   1911,  p.  1460. 

Petition  to  surrender  irrigation  district  bonds. 

§  1.  Whenever  a  holder  of  bonds  and  interest  coupons  issued  by  an  irrigation  district 
organized  under  the  provisions  of  an  act  entitled  "An  act  to  provide  for  the  organiza- 
tion and  government  of  irrigation  districts,  and  to  provide  for  the  acquisition  of  water 
and  other  property',  and  for  the  distribution  of  water  thereby  for  irrigation  purposes," 
approved  March  seven,  eighteen  hundred  and  eighty-seven,  and  all  acts  supplementary 
thereto,  or  amendatory  thereof,  including  an  act  entitled,  "An  act  to  provide  for  the 
organization  and  government  of  irrigation  districts,  and  to  provide  for  the  acquisition 
or  construction  thereby  of  works  for  the  irrigation  of  the  lands  embraced  within  such 
districts,  and,  also,  to  provide  for  the  distribution  of  water  for  irrigation  purposes," 
approved  March  thirty-one,  eighteen  hundred  and  ninety-seven;  shall  desire  to  sur- 
render such  bonds  and  interest  coupons  and  have  the  same  canceled  and  discharged  and 
released  as  a  claim  against  said  district  and  as  a  lien  or  charge  thereon  and  against  any 
of  the  land  or  property  thereof  or  therein,  and  shall  desire  to  have  it  established  of 
record  that  said  bonds  and  coupons  and  the  said  claims,  liens  and  charges  arising  there- 
from are  canceled,  discharged  and  released,  he  may  file  a  petition  for  such  purpose  in 
the  superior  court  for  the  county  wherein  is  situated  any  of  the  land  included  in  said 
district. 

Proceeding  in  rem  deemed  commenced. 

$  2.  By  the  filing  of  said  petition,  an  action  in  the  nature  of  a  proceeding  in  rem 
against  all  persons  interested  in  said  bonds  or  coupons  or  anj'  of  them,  shall  be  deemed 
commenced.  Notice  of  said  proceeding  shall  be  given  by  filing  a  notice  of  the  pendency 
of  the  proceeding  in  the  office  of  the  county  recorder  of  each  of  the  counties  wherein 
is  situated  any  of  the  land  included  in  said  district  and  by  publication  of  a  notice  of 
the  pendency  of  the  proceeding  once  a  week  for  at  least  four  weeks  in  one  newspaper 
published  in  each  of  the  counties  wherein  is  situated  any  of  the  land  included  in  said 
district.  The  notice  of  the  pendency  of  the  proceeding  shall  contain  the  name  of  the 
petitioner,  a  description  of  the  bonds  and  coupons  with  respect  of  which  the  proceeding 
is  commenced,  a  brief  description  of  the  relief  sought  by  the  proceeding,  the  time  when 
the  proceeding  will  be  heard  by  the  court  (which  must  not  be  earlier  than  thirty  days 
after  the  last  publication  of  said  notice),  and  a  notice  to  all  persons  interested  in  the 
proceeding  requiring  them  to  appear  at  such  time  at  said  court  to  show  cause  if  any 
they  have  why  the  relief  sought  by  the  proceeding  should  not  be  granted. 

Jurisdiction. 

^  3.  Upon  the  completion  of  the  said  publication  and  at  the  time  named  in  the  notice 
for  the  hearing,  the  court  shall  have  full  and  complete  jurisdiction  of  the  petitioner  and 
of  the  said  bonds  and  coupons  and  of  all  parties  having  or  claiming  any  interest  of  any 


1 


1343  IRRIGATION  AND  IRRIGATION  DISTRICTS.  Act  2274.  §  1 

kind  in  said  bonds  or  coupons  or  any  of  them,  for  the  puii^oses  of  said  proceeding  and 
shall  have  full  and  complete  jurisdiction  to  render  the  judgment  therein  which  is  pro- 
vided for  by  this  act. 

Hearing  and  judgment. 

$  4.  Any  person  interested  may  at  or  before  the  time  named  in  the  notice  for  the 
hearing,  appear  and  by  answer  filed  to  said  petition  contest  the  title  of  the  petitioner 
to  said  bonds  or  coupons  or  any  of  them  and  the  court  shall  order  the  entry  of  the 
default  of  all  persons  who  shall  have  failed  to  so  appear  and  answer.  Thereupon  or  at 
such  time  to  which  the  hearing  may  be  continued,  the  court  shall  proceed  and  deter- 
mine the  ownership  of  said  bonds  and  coupons  and  must  in  all  cases  require  proof  of 
the  facts  alleged  in  the  petition.  If  the  court  finds  that  the  petitioner  is  the  owner  of 
said  bonds  and  coupons  or  some  of  them  and  that  the  allegations  contained  in  the  peti- 
tion with  respect  of  said  bonds  and  coupons  so  owned  by  him  are  true,  then  the  court 
shall  by  its  judgment  describe  the  bonds  and  coupons  so  owned  by  the  petitioner  and 
shall  decree  that  they  are  surrendered,  canceled,  discharged  and  released  as  a  claim 
against  said  district  and  as  a  lien  or  charge  thereon  and  against  any  of  the  land  or 
property  thereof  or  therein  and  such  judgment  shall  be  conclusive  and  binding  upon 
every  person  having  or  claiming  any  interest  of  any  kind  in  said  bonds  or  coupons  or 
any  of  them  and  the  said  bonds  or  coupons  shall  thereupon  be  marked  canceled  by  the 
clerk  of  said  court  and  delivered  by  him  into  the  possession  of  the  said  irrigation  dis- 
trict whenever  such  district  shall  demand  the  same;  and  after  said  judgment,  said 
bonds  and  coupons  shall  not  comprise  any  claim,  lien  or  charge  against  said  district  or 
any  of  the  land  or  property  thereof  or  therein. 

Judgment  recorded. 

$  5.  A  certified  copy  of  the  judgment  in  said  proceeding  shall  be  recorded  in  the 
office  of  the  county  recorder  of  each  of  the  counties  wherein  is  situated  any  of  the  land 
included  in  said  district  and  shall  constitute  complete  notice  that  said  bonds  and  cou- 
pons have  been  surrendered,  canceled,  discharged  and  released  and  do  not  comprise  any 
claim,  lien  or  charge  against  said  district  or  any  of  the  land  or  property  thereof  or 
therein. 

Procedure. 

$  6.  Except  as  herein  otherwise  provided,  all  the  provisions  and  rules  of  law  relating 
to  evidence,  pleading,  practice,  new  trials  and  appeals  applicable  to  other  civil  actions, 
shall  apply  to  the  proceedings  hereby  authorized. 

$  7.     This  act  shall  take  effect  immediately. 

REDEMPTION  OF  PROPERTY  SOLD  FOR  DELINQUENT  ASSESSMENTS. 
ACT  2274 — An  act  to  provide  for  the  redemption  of  property  which  has  been  heretofore 
sold  to  irrigation  districts  for  delinquent  assessments. 

History:     Approved  March  10,  1891,  Stats.  1891,  p.  53. 

Delinquent  assessments.  Who  may  redeem  property.  Certificates.  Treasurer's  receipt's. 

§  1.  In  all  cases  where  property  has  heretofore  been  sold  for  delinquent  assessments, 
under  the  provisions  of  the  act  of  March  seventh,  eighteen  hundred  and  eighty-seven, 
providing  for  the  organization  of  irrigation  districts,  and  an  irrigation  district  has 
become  the  purchaser,  and  has  not  disposed  of  the  same,  the  person  whose  estate  has 
been  sold,  or  his  heirs,  executors,  administrators,  or  other  successors  in  interest,  may 
redeem  such  property  by  paying  to  the  treasurer  of  the  district  wherein  the  property  is 
situated  the  amount  of  assessments  due  thereon  at  the  time  of  the  sale,  with  interest 
thereon  at  the  rate  of  two  per  cent  per  month;  and  also  all  assessments  that  were  a 
lien  upon  said  property  at  the  time  said  assessments  became  delinquent;  and  also  for 


Aot  2275.  §S  1>  2  GENERAL   LA^VS.  1314 

each  year  since  the  sale  for  which  assessments  on  said  property  have  not  been  paid,  an 
amount  equal  to  the  percentage  of  assessments  for  that  year,  upon  the  value  of  said 
real  estate  assessed  for  the  year  of  the  sale,  with  interest  from  the  first  day  of  January 
of  each  of  said  years,  respectively,  at  the  same  rate;  and  also  all  costs  and  expenses, 
and  fifty  per  cent  penalty,  which  may  have  accrued  by  reason  of  such  delinquency  and 
sale,  and  the  costs  and  expenses  of  redemption,  as  herein  specified.  The  board  of  direc- 
tors of  any  district  shall,  on  the  application  of  any  person  desiring  to  redeem  under 
the  provisions  of  this  act,  make  an  estimate  of  the  amount  to  be  paid,  and  shall,  by  a 
resolution  entered  on  their  minutes,  authorize  the  treasurer  of  the  district,  on  the  receipt 
of  the  amount  determined  by  them,  to  give  him  triplicate  certificates  of  the  amount, 
specifying  the  several  amounts  thereof,  one  of  which  certificates  shall  be  filed  with  the 
secretary  of  the  district,  one  with  the  county  recorder  of  the  county  in  which  the  land 
is  situated,  and  one  with  the  treasurer  of  the  district,  to  whom  payment  of  the  money 
shall  be  made,  on  the  issuance  of  said  certificates.  The  county  recorder  shall  be  paid 
by  the  redemptioner,  for  filing  and  recording  said  certificate,  the  sum  of  two  dollars, 
and  upon  the  filing  of  such  receipt  with  the  recorder  any  deed  or  certificate  of  sale  that 
may  have  been  made  to  the  district  shall  become  null  and  void;  and  all  right,  title,  and 
interest  acquired  by  the  district  under  and  by  virtue  of  the  assessment  sale  shall  cease 
and  determine.  The  receipt  of  the  treasurer  of  the  district  herein  provided  for  shall  be 
recorded  in  the  recorder's  office  of  the  county  in  which  said  property  is  situated,  in  the  | 
book  of  deeds,  and  the  record  thereof  shall  have  the  same  effect  as  that  of  a  deed  of 
reconveyance  of  the  interest  conveyed  by  said  deed  or  certificate  of  sale. 

$  2.     This  act  shall  take  effect  immediately. 

LEASING  WATER  FOR  POWER  DEVELOPMENT. 

ACT  2275— An  act  to  provide  for  the  leasing  and  disposition  of  water  for  generation  of 

power  for  mechanical  purposes,  by  irrigation  districts  organized  or  to  be  organized 

under  and  pursuant  to  an  act  entitled  "An  act  to  provide  for  the  organization  and 

government  of  irrigation  districts,  and  to  provide  for  the  acquisition  of  water  and 

other  property,  and  for  the  distribution  of  water  thereby  for  irrigation  purposes," 

approved  March  7,  1887. 

History:  Approved  March  23,  1893,  Stats.  1893,  p.  295.  Probably 
to  be  treated  as  supplementary  to  the  Wright  act,  and  superseded, 
along  with  that  act,  by  the  Bridgeford  act.     See  Act  2266,  §§  100-105. 


Board  of  directors  to  lease. 

$  1.  Whenever  any  irrigation  district  formed,  or  to  be  formed,  under  and  pursuant  to 
the  provisions  of  an  act  entitled  "An  act  to  provide  for  the  organization  and  govern- 
ment of  irrigation  districts,  and  to  provide  for  the  acquisition  of  water  and  other  prop- 
erty, and  for  the  distribution  of  water  thereby  for  irrigation  purposes,"  approved 
March  seventh,  eighteen  hundred  and  eighty-seven,  in  the  development  of  its  works,  as 
in  said  act  provided,  may  have  opportunity,  without  increased  expenditure,  to  utilize 
the  water  by  it  owned  or  controlled  for  mechanical  purposes  not  inconsistent  with  the 
provisions  of  said  act,  the  board  of  directors  may  lease  the  same,  as  in  this  act  herein- 
after provided. 

Notice  of  intention  to  lease  to  be  published.    Contents  of  notice. 

$  2.  Whenever  the  board  of  directors  may  desire  to  lease  the  use  of  water,  as  here- 
inbefore stated,  they  shall  pass  a  resolution  of  intention  to  so  lease  the  same.  Immedi- 
ately thereafter  the  secretary  shall  cause  notice  of  such  intention  to  be  given  by  publi- 
cation in  one  newspaper  published  in  each  county  in  which  lands  of  the  district  are 
situated  for  at  least  twenty  days  (provided,  a  newspaper  is  published  therein,  other- 
wise in  any  newspaper  the  board  of  directors  may  select),  and  in  such  neAvspapers  as 
may  be  deemed  advisable,  calling  for  bids  for  the  leasing  of  said  water  for  the  puri)0se3 


( 


1315  IRRIGATION  AXD  IRRIGATION  DISTRICTS.  Act  2276,  §§  1,  3 

hereinbefore  mentioned.  Said  notice  shall  state  that  the  board  will  receive  sealed  pro- 
posals therefor,  that  the  lease  will  be  let  to  the  highest  responsible  bidder,  stating  the 
time  and  place  of  opening  said  i^roposals. 

Opening  bids  and  awarding  proposals. 

§  3.  At  the  time  and  place  appointed  the  board  shall  proceed  to  open  the  proposals 
in  public.  As  soon  thereafter  as  may  be  convenient  the  board  shall  let  said  lease  in 
portions,  or  as  a  whole,  to  the  highest  responsible  bidder,  or  they  may  reject  any  or  all 
bids,  and  readvertise  for  proposals  for  the  same.       \ 

Rental.    How  payable.    Moneys,  how  to  be  used. 

5  4.  The  rental  accruing  ui:)on  said  lease  may  vary  from  year  to  year,  as  shall  be 
specified  in  said  lease,  and  shall  be  payable  semi-annually,  on  the  thirtieth  day  of 
December  and  thirtieth  day  of  June  of  each  year.  All  moneys  collected,  as  in  this  act 
provided,  shall  be  paid  into  the  treasury,  and  be  used  in  the  manner  provided  in  section 
34  of  said  act,  except  that  the  period  of  ten  years,  as  mentioned  in  said  section  34 
shall  not  be  applicable  to  the  provision  of  this  act;  provided,  however,  that  if  an,^ 
coupons  on  any  outstanding  bonds  of  such  district  are  at  any  time  due  and  payable, 
and  there  shall  for  any  reason  not  be  sufficient  funds  in  the  interest  fund  to  pay  the 
same,  the  proceeds  so  collected,  as  in  this  act  provided,  may  be  used  to  pay  the  same. 

Lease.    Penalty  for  failure  to  pay  rental. 

$  5.  The  board  shall  have  power,  as  in  this  act  provided,  to  execute  a  lease  for  any 
period  not  exceeding  fifty  years.  If  at  any  time  the  rental  shall  not  be  paid  on  the  days 
hereinbefore  mentioned,  the  amount  of  such  rental  then  due  shall  be  doubled,  and  if 
not  paid  within  ninety  days  thereafter,  the  said  lease  shall  be  forfeited  to  said  dis- 
trict, together  with  any  and  all  works  constructed,  owned,  used,  or  controlled  by  said 
lessee. 

Board  may  require  bond. 

(»  6.  Upon  the  letting  of  any  lease,  as  in  this  act  provided,  the  board  may  require  the 
lessee  to  execute  a  bond  for  the  payment  of  the  rental,  and  proper  performance  of  the 
said  lease,  or  give  such  other  evidence  of  good  faith  as  in  their  judgment  may  be 
necessary. 

§  7.     This  act  shall  take  effect  immediately. 

CONTRACTS  FOR  WATER  FOR  IRRIGATION. 
ACT  2276 — An  act  declaring  upon  what  terms  contracts  between  persons,  companies, 
associations,  or  corporations  furnishing  water  for  irrigation  to  the  consumers  of  such 
water  shall  be  valid,  and  to  provide  that  such  contracts  shall  be  deemed  based  upon 
sufficient  consideration. 

History:     Approved  March  16,  1901,  Stats.  1901,  p.  331. 

Contracts  to  furnish  water  authorized. 

$  1.  It  is  and  shall  be  lawful  for  any  person,  company,  association,  or  corporation, 
furnishing  for  sale,  rental,  or  distribution  any  appropriated  waters  for  purposes  of 
irrigation,  to  enter  into  contracts  with  individual  consumers  of  such  water  or  with 
bodies  of  such  consumers,  relating  to  the  sale,  rental  or  distribution  of  such  water,  or 
any  thereof,  which  contracts,  subject  to  the  restrictions  hereinafter  declared,  shall  be 
valid  to  all  intents  and  purposes,  any  law  or  rule  to  the  contrary  notwithstanding. 

Rate. 

$  2.  No  such  contract  shall  provide  for  the  sale,  rental,  or  distribution  of  any  such 
water  at  any  rate  exceeding  the  established  rates  fixed  and  regidated  therefor  by  the 

Gen.  Laws — 85 


Act  22TJS,  88  1-3 


GEiNKRAL.  LAWS. 


1346 


board  of  supervisors  of  tLe  proper  counties,  or  fixed  and  established  by  such  person, 
company,  association,  or  corporation,  as  provided  by  law. 

Consideration. 

^  3.  Nothing  in  this  act  contained  shall  be  construed  to  authorize  or  make  valid  any 
contract  not  made  for  a  valuable  consideration;  but  an  agreement  on  the  part  of  such 
person,  company,  association,  or  corporation  to  sell,  rent,  or  distribute  any  water  to  a 
consumer,  without  payment  in  advance  therefor,  or  upon  any  other  terms  to  which  such 
consumer  is  not  otherwise  lawfully  entitled,  shall  be  deemed  and  taken  to  be  a  valuable 
and  sufficient  consideration  for  such  contract. 

Contract  made  prior  to  time  supervisors  fix  rates. 

$  4.  Nothing  in  this  act  contained  shall  affect  any  contract  made  prior  to  the  time 
that  the  board  of  supervisors  fix  and  establish  the  rates  and  regulations  for  and  under 
which  water  shall  be  sold  and  supplied. 

5  5.    This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

DECLARING  IRRIGATION  A  PUBLIC  USE. 
ACT  2278 — An  act  regarding  irrigation  and  declaring  the  same  to  be  a  public  use. 
History:     Approved  May   1,   1911,   Stats.  1911,  p.   1407. 

Power  of  eminent  domain  may  be  exercised  to  further  irrigation. 

$  1.  IiTJgation  in  the  state  of  California  is  hereby  declared  to  be  a  public  necessity 
and  a  public  use,  and  the  power  of  eminent  domain  may  be  exercised  on  behalf  of  such 
public  use  in  accordance  with  the  provisions  of  title  VII,  part  III  of  the  Code  of  Civil 
Procedure  of  the  state  of  California.  Provided,  that  any  person,  firm  or  corporation, 
exercising  the  power  of  eminent  domain  and  in  control  of  water  appropriated  for  sale, 
rental  or  distribution,  shall  not,  by  this  act,  be  relieved  from  the  duty  of  furnishing 
water  to  irrigate  the  lands  over  which  any  right  of  way  is  obtained  by  condemnation 
for  irrigation  purposes  as  required  by  an  act  entitled,  "An  act  to  regulate  and  control 
the  sale,  rental  and  distribution  of  appropriated  water  in  this  state,  other  than  in  any 
city,  city  and  county,  or  town  therein  and  to  secure  the  rights  of  way  for  the  convey- 
ance of  such  water  to  the  places  of  use,"  approved  March  12,  1885,  or  any  other  law 
now  in  force  in  this  state. 

Does  not  repeal  act  of  1885. 

^  2.  This  act  shall  not  I'epeal  or  modify  an  act  entitled,  "An  act  to  regulate  and 
control  the  sale,  rental  and  distribution  of  appropriated  water  in  this  state,  other  than 
in  any  city,  city  and  count}',  or  town  therein,  and  to  secure  the  rights  of  way  for  the 
conveyance  of  such  water  to  the  place  of  use,"  approved  March  12,  1885,  and  other 
acts  supplemental  thereto  and  amendatory  thereof,  or  shall  the  same  be  construed  to 
alter  or  change  the  law  of  the  state  of  California  as  to  the  duty  of  any  person,  firm  or 
corporation  in  charge  of  a  public  use  to  furnish  water. 

^  3.     This  act  shall  be  in  foi'ce  from  and  after  its  passage. 


1.  Effect  ot  act — "Irrlg-atlon"  made  a 
"public  use."  —  The  effect  of  the  act  is 
merely  to  amend  section  1238  of  the  Code 
of  Civil  Procedure  by  adding  "irrigation" 
to  the  "public  uses"  enumerated  therein. — 
Gravelly  Ford  &  Co.  v.  Pope  &  Talbot  Co., 
36  Cal.  App.  556,  178  Pac.  150. 

2.  Condemnation  from  private  uHea  not 
authorixed. — This  act  does  not  authorize 
condemnation  for  irrigation  purpose  by  an 
Individual   for    his    private    use    but    for    the 


use  of  the  public  only. — Gravelly  Ford  Co. 
v.  Pope  &  Talbot  Co.,  36  Cal.  App.  556,  178 
Pac.   150. 

3.  Same. — The  power  of  eminent  domain 
can  not  be  used  by  a  private  person  to 
promote  private  enterprises,  no  matter  how 
necessary  or  advantageous  it  may  be  to 
their  successors,  or  how  beneficial  to  the 
public. — Gravelly  Ford  Co.  v.  Pope  &  Tal- 
bot Co.,   36  Cal.  App.   556,   178  Pac.   150. 


1347  IRRIGATION  AND  IRRIGATION  DISTRICTS.  Acts  2279-2283,  g  1 

OAKDALE  IRRIGATION  DISTRICT— VALIDATION. 

ACT  2279— An  act  to  recognize  and  declare  valid  all  proceedings  in  Oakdale  irrigation 

district. 

History:  Approved  April  12,  1915.  In  effect  August  8,  1915.  Stats. 
1915,  p.  56.  Prior  act  of  March  1,  1911,  Stats.  1911,  p.  262,  superseded 
by  the  present  act. 

Oakdale  irrigation  district,  validated. 

$  1.  Oakdale  in'igation  district,  as  formed  by  the  board  of  supervisors  of  Stanislaus 
county,  state  of  California,  and  as  now  existing,  is  hereby  recognized  and  declared  valid, 
and  all  proceedings  of  organization  and  formation  and  the  including  of  all  lands  since 
its  organization  and  formation  are  hereby  approved  and  declared  valid. 

"WEST  SIDE  IRRIGATION  DISTRICT." 
ACT  2280 — An  act  to  create  an  irrigation  district,  to  be  called  "The  West  Side  Irri- 
gation District,"  embracing  certain  portions  of  the  counties  of  San  Joaquin,  Stan- 
islaus, Merced,  and  Fresno. 

History:     Approved  March  25,  1878,  Stats.  1877-78,  p.  468. 

*'WEST  SIDE  IRRIGATION  DISTRICT  "—VALID  ATION. 

ACT  2280a — An  act  recognizing  and  declaring  valid  the  West  Side  irrigation  district 

and  approving  and  declaring  valid  all  proceedings  on  formation  and  organization  of 

said  district. 

History:  Approved  March  20,  1917.  In  effect  July  27,  1917.  Stats. 
1917,  p.  15. 

West  Side  irrigation  district  validated. 

§  1.  The  West  Side  irrigation  district  in  the  county  of  San  Joaquin,  state  of  Cali- 
fornia, as  formed  and  organized  by  the  board  of  supervisors  of  said  county  and  as  now 
existing,  is  hereby  recognized  and  declared  valid  and  all  proceedings  on  formation  and 
organization  of  said  district  are  hereby  approved  and  declared  valid. 

"MODESTO  IRRIGATION  DISTRICT." 
ACT  2281 — An  act  to  create  an  irrigation  district,  to  be  called  the  Modesto  Irrigation 
District.         History:     Approved  March  30,  1878,  Stats.  1877-78,  p.  820. 

"MODESTO  IRRIGATION  DISTRICT  "—VALIDATION. 
ACT  2282 — An  act  to  recognize  and  declare  valid  aU  proceedings  in  Modesto  irrigation 
district.  History:     Approved  March  1,  1911,  Stats.  1911,  p.  262. 

Modesto  irrigation  district. 

§  1.  Modesto  irrigation  district  as  formed  by  the  board  of  supervisors  of  Stanislaus 
county,  state  of  California,  and  as  now  existing  is  hereby  recognized  and  declared  valid, 
and  all  proceedings  on  organization  and  formation  are  hereby  approved  and  declared, 
valid. 

§  2.     This  act  shall  take  effect  immediately. 

"TURLOCK  IRRIGATION  DISTRICT"— VALIDATION. 
ACT  2283 — An  act  to  recognize  and  declare  valid  all  proceedings  in  Turlock  irrigation 
district.  History:     Approved  March  1,  1911,  Stats.  1911,  p.  261. 

Turlock  irrigation  district. 

§  1.  Turlock  irrigation  district,  as  formed  by  the  board  of  supervisors  of  Stanislaus 
county,  state  of  California,  and  as  now  existing  is  hereby  recognized  and  declared  valid, 


Act«22ftl.  22S5.  Sil.a 


GCNRRAL.   LAWS.  134i 


and  all  proceedings  on  organization  and  formation  are  hereby  approved,  and  declared 
valid. 

i  2.     This  act  shall  take  effoct  immediately. 

"SOUTH  SAN  JOAQUIN  IRRIGATION  DISTRICT  "—VALIDATION. 
ACT  2284 — An  act  to  recognize  and  declare  valid  all  proceedings  in  South  San  Joaquin 
irrigation  district. 

History:     Approved  March  1,  1911,  Stats.  1911,  p.  262. 

South  San  Joaquin  irrigation  district. 

^  1.  South  San  Joaquin  irrigation  district  as  formed  by  the  board  of  supervisors  of 
San  Joaquin  county,  state  of  California,  and  as  now  existing  is  hereby  recognized  and 
declared  valid,  and  all  proceedings  on  organization  and  formation  are  hereby  approved, 
and  declared  valid. 

^  2.     This  act  shall  take  effect  immediately. 

"IMPERIAL  IRRIGATION  DISTRICT  "—VALIDATION. 
ACT  2285 — An  act  validating  the  formation  and  organization,  and  determining  the 
boundaries  of  Imperial  irrigation  district  in  the  county  of  Imperial,  state  of  Cali- 
fornia. 

History:     Approved  December  24,  1911,  Stats.  1911  (ex.  sess.),  p.  119. 

Imperial  irrigation  district. 

$  1.  Imperial  irrigation  district  in  the  county  of  Imperial,  state  of  California,  as 
authorized  by  an  affirmative  vote  of  one  thousand  two  hundred  and  ninety-eight  quali- 
fied electors  of  the  territory  embraced  within  the  boundaries  of  said  district  to  three 
huii'lred  and  sixty-two  votes  against  the  organization  thereof,  and  as  formed  and  organ- 
ized by  the  board  of  supervisors  of  said  Imperial  county  and  as  now  existing,  is  hereby 
recognized  and  declared  valid  and  all  proceedings  on  formation  and  organization  thereof 
are  hereby  approved  and  declared  valid. 

Boundaries. 

^  2.  The  boundaries  of  said  district  are  hereby  declared  to  be  as  follows :  Begin- 
ning at  a  point  in  the  international  boundary  line  between  the  United  States  and  Mexico, 
said  point  being  situated  200  feet  westerly  from  Monument  No.  217  and  running  thence 
north  to  the  north  line  of  section  10  in  T.  17  S.,  R.  16  E.,  according  to  the  U.  S.  resur- 
vey;  thence  east  one  mile  more  or  less  to  the  quarter  corner  between  sections  2  and  11 
in  said  township;  thence  north  one  half  mile  more  or  less  to  the  center  of  section  2; 
thence  east  one  half  mile  more  or  less  to  the  east  line  of  said  section  2;  thence  north 
one  and  one  half  miles  more  or  less  to  the  intersection  of  the  east  line  of  tract  51,  with 
the  north  line  of  section  35,  all  in  T.  16  S.,  R.  16  E.,  according  to  the  U.  S.  resurvey. 
Thence  east  along  the  north  line  of  said  section  35,  one  half  mile;  thence  north  one 
mile  more  or  less,  to  the  southwest  corner  of  tract  64  in  said  T.  16  S.,  R.  16  E. ;  thenco 
past  one  half  mile  to  the  southeast  corner  of  said  tract  64;  thence  north  along  tract 
lines  three  miles  to  the  southeast  corner  of  tract  99,  in  said  T.  16  S.,  R.  16  E. ;  thence 
west  quarter  mile  to  the  southwest  corner  of  said  tract  99 ;  thence  north  one  mile,  more 
or  less,  to  the  north  line  of  section  2,  of  said  township;  thence  west  one  mile  more  or 
less  to  the  northwest  corner  of  said  section  2;  thence  north  one  mile  to  the  northeast 
corner  of  section  34,  yi  T.  15  S.,  R.  16  E. ;  thence  west  one  half  mile  to  the  quarter  corner 
between  sections  27  and  34  of  said  township;  thence  north  two  miles  to  the  quarter 
comer  between  sections  15  and  22  of  said  township;  thence  east  one  half  mile  to  south- 
east comer  of  said  section  15;  thence  north  along  section  lines  eight  and  one  half  miles 
to  the  quarter  corner  between  sections  2  and  3  in  T.  14  S.,  R.  16  E,;  thence  west  one 


I 


1^49  IRRIGATION  AND  IRRIGATION  DISTRICTS.  Act  a285a,  §  1 

half  mile  to  the  center  of  said  section  3;  thence  north  one  half  mile  to  the  quarter 
corner  between  said  section  3  and  section  34  in  T.  13  S.,  R.  16  E. ;  thence  west  one  half 
mile;  thence  north  one  mile;  thence  west  one  half  mile;  thence  north  one  mile;  thence 
west  one  half  mile;  thence  north  two  miles;  thence  west  one  mile;  thence  north  to  the 
northeast  corner  of  section  6,  in  said  T.  13  S.,  R.  16  E. ;  thence  west  to  the  quarter 
corner  on  the  south  side  of  section  36,  in  T.  12  S.,  R.  15  E.,  according  to  the  1856  sur- 
vey; thence  north  one  mile;  thence  west  one  mile;  thence  north  one  mile;  thence  west 
one  half  mile;  thence  north  one  mile;  thence  west  one  half  mile;  thence  north  one  mile; 
thence  west  one  mile;  thence  north  one  mile;  thence  west  one  half  mile;  thence  north 
one  mile  to  the  southeast  corner  of  section  32  in  T.  11  S,,  R.  15  E.,  according  to 
1856  survey;  thence  west  one  mile;  thence  north  one  mile;  thence  west  one  half  mile; 
thence  north  one  mile;  thence  west  one  half  mile;  thence  north  one  mile;  thence  west 
one  mile;  thence  north  one  half  mile;  thence  west  one  half  mile;  thence  north  one  and 
one  half  miles;  thence  west  one  half  mile;  thence  north  one  half  mile;  thence  west  one 
half  mile;  thence  north  one  half  mile  to  the  quarter  corner  on  the  north  side  of  section 
3,  T.  11  S.,  R,  14  E.,  according  to  the  1856  survey;  thence  west  along  township  line  six 
and  one  half  miles,  more  or  less  to  the  northwest  corner  of  section  3  in  T.  11  S.,  R.  13  E., 
according  to  the  1856  survey;  thence  south  four  miles;  thence  west  three  miles;  thence 
south  five  miles;  thence  west  five  miles;  thence  south  three  miles  to  the  southwest  cor- 
ner of  section  32  in  T.  12  S.,  R.  12  E.,  according  to  the  1856  survey;  thence  east  one 
half  mile,  more  or  less,  to  the  northwest  comer  of  section  4  in  T.  13  S.,  R.  12  E.,  accord- 
ing to  the  U.  S.  resurvey ;  thence  south  one  mile,  more  or  less,  to  the  southwest  corner 
of  said  section  4;  thence  east  one  half  mile;  thence  south  one  mile;  thence  east  one 
half  mile;  thence  south  one  mile;  thence  east  one  mile;  thence  south  one  mile;  thence 
east  one  mile;  thence  south  one  half  mile;  thence  east  one  half  mile;  thence  south  one 
and  one  half  miles;  thence  east  one  half  mile  to  the  southeast  corner  of  section  36  in 
T.  13  S.,  R.  12  E.,  U.  S.  resurvey;  thence  south  one  mile;  thence  east  one  half  mile; 
thence  south  one  half  mile;  thence  east  one  half  mile;  thence  south  one  half  mile;  thence 
east  one  half  mile;  thence  south  one  mile;  thence  east  one  mile;  thence  south  one  mile; 
thence  west  one  mile,  more  or  less,  to  the  canal  known  as  the  Thistle  canal,  and  shown 
on  the  official  map  of  Imperial  county  of  date  1909,  as  "No.  8,  high  line  canal  (pro- 
posed)"; thence  southeasterly  along  said  canal  to  its  intersection  with  the  West  Side 
main  canal;  thence  westerly  along  said  West  side  main  canal,  to  its  intersection  with 
the  Fern  canal  as  shown  on  said  official  map;  thence  westerly  and  southwesterly  along 
the  west  side  of  said  Eern  canal  to  its  intersection  with  said  West  Side  main  canal; 
thence  in  a  southerly  direction  along  said  West  Side  main  canal,  as  shown  on  said 
official  map,  to  its  intersection  with  the  boundary  line  between  United  States  and  Mex- 
ico; thence  easterly  along  said  boundary  line  to  the  point  of  beginning. 

"IMPERIAL  IRRIGATION  DISTRICT"— LEGALIZING  BONDS. 
ACT  2285a — An  act  to  legalize  bonds  issued  and  to  be  issued  and  sold  by  Imperial  irri- 
gation district. 

History:     Approved  March  26,  1915.    In  effect  immediately.    Stats. 
1915,  p.  18. 

Bonds  of  Imperial  irrigation  district  validated. 

$  1.  Bonds  of  Imperial  irrigation  district  for  the  amount  of  three  million  five  hun- 
dred thousand  dollars,  dated  January  1,  1915,  and  issued  by  virtue  of  resolution  of  the 
board  of  directors  of  Imperial  irrigation  district  passed  November  2,  1914,  and  by 
virtue  of  an  election  held  in  said  Imperial  irrigation  district  on  the  29th  day  of  October, 
1914,  and  all  the  acts  and  proceedings  of  said  irrigation  district  leading  up  to  and 
including  the  issuance  and  sale  of  said  bonds  are  hereby  legalized,  ratified,  confirmed 
and  declared  valid  to  all  intents  and  purposes  and  all  such  bonds  sold  or  exchanged 


Act  2285b,  §  1 


GENERAL   LAWS. 


1350 


eitlier  before  or  after  the  passag'e  of  this  act  are  hereby  legalized  and  declared  to  be 
legal  and  valid  obligations  of  and  against  said  irrigation  district. 

Urgency. 

$  2.  This  act  is  hereby  declared  to  be  an  urgency  measure  within  the  meaning  of 
section  one,  article  four  of  the  constitution  of  the  state  of  California  and  shall  take 
effect  immediately. 

The  facts  constituting  such  urgency  are  as  follows : 

The  bonds  herein  mentioned  were  authorized  by  vote  of  the  electors  of  said  district 
for  the  purpose  of  purchasing  the  irrigation  system  by  which  the  people  of  said  dis- 
trict are  furnished  with  water  for  irrigation  and  domestic  purposes  and  of  protecting 
such  irrigation  system  and  thereby  the  people  in  it  from  destruction  by  flood  of  the 
Colorado  river. 

This  district  with  its  population  of  over  thirty  thousand  people  is  in  great  danger  of 
loss  of  life  and  property  by  such  threatened  overflow  during  the  approaching  summer. 
It  is  necessary  for  protection  against  such  danger  that  said  district  be  enabled  to  sell 
such  bonds  and  owing  to  the  many  new  features  presented  in  this  new  district  upon 
which  no  judicial  pi'eeedents  exist,  it  is  impossible  to  sell  the  bonds  herein  mentioned 
unless  they  are  validated. 

The  flood  season  of  the  Colorado  river  is  the  month  of  May  and  in  order  that  the 
proceeds  of  such  bonds  may  be  available  in  time  to  meet  such  flood  this  act  must  take 
effect  upon  its  passage.  It  is  therefore  necessary  for  the  immediate  preservation  of 
public  safety  that  this  act  take  effect  immediately. 

"IMPERIAL  IRRIGATION  DISTRICT"— PURCHASE  OF  BONDS  OF  CALI- 
FORNIA DEVELOPMENT  COMPANY. 
ACT  2285b — An  act  authorizing  the  Imperial  irrigation  district  to  acctuire  the  irrigation 
system  and  works  of  the  California  Development  Company  and  its  subsidiary  com- 
pany and  successors  in  California  and  Mexico  by  condemnation  or  purchase,  and,  in 
case  of  purchase,  to  exchange  bonds  of  said  district  for  such  irrigation  system  and 
works  or  for  property  interests  therein. 

History:     Appi'oved  May  4,  1915.     In  effect  August  8,  1915.     Stats. 
1915,  p.  343. 

Imperial  irrigation  district  authorized  to  acquire  irrigation  system  of  California  Devel- 
opment Company. 

§  1.  The  Imperial  irrigation  district,  in  the  county  of  Imperial,  state  of  California, 
is  hereby  authorized  to  acquire,  by  condemnation  or  purchase,  the  irrigation  system 
and  works  of  the  California  Development  Company  in  California  and  the  capital  stock 
of  the  Mexican  corporation  or  corporations  owning  the  portion  of  the  irrigation  sys- 
tem through  which  the  lands  in  Imperial  irrigation  district  are  supplied  with  water, 
lying  in  the  republic  of  Mexico.  In  case  of  purchase  said  irrigation  district  may 
exchange  bonds  for  said  irrigation  system  and  works,  or  for  the  capital  stock  repre- 
senting the  ownership  thereof,  or  of  any  part  thereof,  and  the  board  of  directors  of 
said  Imperial  in-igation  district  is  hereby  authorized  to  enter  into  such  contracts  for 
the  acquisition  of  said  irrigation  system  and  works,  or  for  the  capital  stock  represent- 
ing the  ownership  thereof,  as  it  may,  in  its  discretion,  deem  for  the  best  interests  of  said 
irrigation  district,  and  it  is  also  hereby  authorized  to  enter  into  separate  contracts  with 
all  or  any  of  the  judgment  and  other  creditors  or  stockholders  of  said  California  Devel- 
opment Company  and  its  subsidiary  companies,  and  their  successors  in  interest  and 
with  other  persons  or  corporations  owning  property  interests  in  said  irrigation  system 
and  works  through  stock  ownership  or  otherwise  in  the  United  States  or  in  Mexico,  and 
to  provide  in  said  contracts  for  the  exchange  of  bonds  of  said  Imperial  irrigation  dis- 


b 


i351  IRRIGATION  AND  IRRIGATION  DISTRICTS.  Acts  2286, 2287,  §  1 

tiict  for  such  property  interests  upon  such  terms  and  conditions  as  said  board  of 
directors  may,  in  its  discretion,  deem  for  the  best  interest  of  said  district;  provided, 
however,  that  the  whole  amount  of  bonds  so  agreed  to  be  exchanged  shall  not  exceed 
three  million  dollars. 

1.  Irrig-ation  system  ordered  sold. — The  irrig-ation  system  of  the  California  Develop- 
ment Company  was  ordered  sold  to  the  Imperial  Irrigation  District  for  $3,000,000  of  the 
bonds  of  the  district. — In  re  Application  of  Southern  Pacific  Co.,  etc.,  9   R.  C.  D.  746. 

"SAN  YSIDRO  IRRIGATION  DISTRICT  "—VALIDATION. 

ACT  2286 — An  act  to  organize  and  declare  valid  all  proceedings  in  the  San  Ysidro 

irrigation  district. 

History:    Approved  April  14,  1913.    In  effect  August  10,  1913.    Stats. 
1913,  p.  25. 

San  Ysidro  irrigation  district  validated. 

§  1.     San  Ysidro  irrigation  district  as  formed  by  the  board  of  supervisors  of  San 

Diego  county,  state  of  California,  and  as  now  existing,  is  hereby  organized  and  declared 

valid,   and  all  proceedings  in  organization  or  formation   are  hereby   approved   and 

declared  valid. 

Boundaries. 

§  2.  The  boundaries  of  said  district  are  hereby  declared  to  be  as  follows :  Beginning 
at  a  point  133.14  feet  west  of  the  quarter  comer  to  section  one,  township  19  south, 
range  2  west  and  section  6,  township  19  south,  range  1  west,  San  Bernardino  meridian, 
thence  north  along  the  subdivision  line  of  said  section  1,  2640  feet  more  or  less  to  the 
line  between  townships  18  and  19  south,  range  2  west;  thence  north  along  the  sub- 
division line  of  section  36,  township  18  south,  range  2  west,  600  feet  to  a  point;  thence 
west  600  feet  to  a  point;  thence  north  45  degrees,  west  933.5  feet,  more  or  less  to  the 
northwest  corner  of  the  southwest  quarter  of  the  southwest  quarter  of  the  southeast 
quarter  of  section  36;  thence  north  along  the  north  and  south  center  line  of  section  36, 
800  feet  to  a  point;  thence  west  2640  feet  more  or  less  to  a  point  on  line  between  sec- 
tions 35  and  36;  thence  north  522.80  feet  to  the  quarter  corner  between  sections  35  and 
36;  thence  west  2640  feet  more  or  less  to  the  center  of  section  35;  thence  south  along 
the  center  line  of  section  35,  1320  feet  more  or  less  to  the  eighth  corner  of  said  section 
.35;  thence  east  along  said  subdivision  line  1165  feet  more  or  less  to  the  northwest  cor- 
ner of  the  Levi  Ware  tract ;  thence  south  along  the  west  line  of  said  tract  600  feet  more 
or  less  to  the  northerly  line  of  the  right  of  way  of  the  San  Diego  southern  railway; 
thence  southeasterly  along  the  northerly  line  of  said  right  of  way  to  a  point  198  feet 
west  of  the  line  between  sections  35  and  36;  thence  south  0  degrees  22  minutes  west, 
1355.75  feet,  to  the  southwest  corner  of  addition  number  3  to  San  Ysidro,  map  on  file 
in  the  county  recorder's  office  of  San  Diego  county,  California;  thence  south  89  degrees 
55  minutes  east  950  feet  more  or  less  to  the  west  line  of  "N"  tract,  San  Ysidro  sub- 
division; thence  south  along  the  west  line  of  said  "N"  tract  to  the  center  line  of  sec- 
tion 1,  thence  east  along  the  center  line  of  section  1  to  the  place  of  beginning. 

"ANDERSON-COTTONWOOD  IRRIGATION  DISTRICT  "—VALID  ATION. 
ACT  2287 — An  act  to  recognize  and  declare  valid  all  proceedings  in  Anderson- Cotton- 
wood irrigation  district. 

History:     Approved  April  15,  1915.    In  effect  August  8,  1915.    Stats. 
1915,  p.  74. 

Anderson-Cottonwood  irrigation  district  validated. 

$  1.  The  Anderson-Cottonwood  irrigation  district  as  formed  by  the  board  of  super- 
visors of  the  county  of  Shasta,  state  of  California,  and  as  now  existing  is  hereby  recog- 
nized and  declared  valid,  and  all  proceedings  on  organization  and  formation  are  hereby 
approved  and  declared  valid. 


AetM  :!2i>S-2200,  §  1 


GENCRAL.  LAAVS. 


1352 


"LA  MESA,  LEMON  GROVE  AND  SPRING  VALLEY  IRRIGATION  DISTRICTS- 
VALIDATION. 
ACT  2288 — An  act  to  recognize  and  declare  valid  all  proceedings  in  La  Mesa,  Lemon 
Grove  and  Spring  Valley  irrigation  district. 

History:     Approved  May  3,  1915.     In  effect  August  8,  1915.     Stats. 
1915,  p.  323. 

La  Mesa,  Lemon  Grove  and  Spring  Valley  irrigation  district  validated. 

$  1.  La  Mesa,  Lemon  Grove  and  Spring  Valley  irrigation  district  as  formed  by  the 
board  of  supervisors  of  San  Diego  county,  state  of  California,  and  as  now  existing,  is 
liereby  recognized  and  declared  valid  and  all  proceedings  on  organization  and  formation 
are  hereby  approved  and  declared  valid. 

"WATERFORD  IRRIGATION  DISTRICT"— VALIDATION. 

ACT  2289 — An  act  to  recognize  and  declare  valid  all  proceedings  in  and  relative  to  the 

Wnterf ord  irrigation  district  and  the  organization  thereof. 

History:     Approved  May  21,  1915.     In  effect  August  8,  1915.     Stats. 
1915,  p.  1249. 

Waterf  ord  irrigation  district  validated. 

^  1.     The  Waterford  irrigation  district,   situated  in  the   county   of  Stanislaus,  as 

formed  by  the  board  of  supervisors  of  said  county  of  Stanislaus,  state  of  California, 

and  as  now  existing  or  as  hereafter  modified  according  to  law  is  hereby  recognized  and 

declared  valid,  and  all  proceedings  on  organization  and  formation  are  hereby  approved 

and  declared  valid,  and  said  Waterford  in-igation  district  is  hereby  declared  to  be  a 

duly  organized  irrigation  district.  ♦ 


1.  CouMtitutioualitj- — Delegation  powers 
of  public  board. — To  convey  the  legal  title 
of  the  property  of  an  irrigation  district  in 
trust  to  secure  the  bonds  of  a  district 
would  contravene  the  provisions  of  section 
13,  article  XI,  of  the  constitution,  forbid- 
ding the  delegation  of  the  statutory  powers 
of  a  public  board. — Merchants,  etc.,  Bank 
v.  Escondido  Irr.  Dist.,  144  Cal.  329,  77 
Pac.  937. 

2.  Irrigration  districts — Public  corpora- 
tions— Private  corporations. — Irrigation  dis- 
tricts, as  to  their  public  functions,  are  to 
be  classed  as  public  corporations;  and  as 
to  the  private  rights  of  the  individual  land- 
owners, they  are  private  corporations. — 
Merchants,  etc.,  Bank  v.  Escondido  Irr. 
Dist..   144   Cal.   329,   77   Pac.   937. 

3.  Election  to  authorize  bond  issue. — 
Nusatory. — A  departure  from  the  statute 
in  calling  an  election  for  the  issuance  of 
bonds  and  in  the  notice,  in  the  matter  of 
the  time  of  opening  and  closing  the  polls, 
renders  the  election  nugatory. — Fallbrook 
Irr.  Dist.  v.  Abila,  106  Cal.  365,  39  Pac.  794. 

4.  Bonds  in   proper  form. — ^The   bonds   in 


this  case  are   in   proper   form. — Central   Irr. 
Dist.   V.   De  Lappe,   79   Cal.    351,    21    Pac.    825. 

5.  Statute  of  limitations — Canse  of  ac- 
tion to  cancel  bonds. — The  statute  of  limi- 
tation does  not  begin  to  run  against  a 
cause  of  action  to  cancel  the  bonds  of  an 
irrigation  district,  from  the  date  of  the 
order  for  the  issuance  of  the  bonds,  or  from 
the  date  of  the  contract  therefor,  but  from 
the  date  of  the  delivery  of  tlie  bonds  for  a 
valuable  consideration,  and  as  to  bonds  de- 
livered within  the  statute  and  bonds  not 
issued,  the  action  is  not  barred. — Sechrist 
V.  Rialto  Irr.  Dist.,  129  Cal.  640,  62  Pac. 
261. 

6.  Quo  warranto — Rigrhts  of  pnrcha.sers 
of  boud.s. — In  quo  warranto  against  an  irri- 
gation district  the  bona  flde  purcliasers  of 
bonds  of  the  district  may  intervene  and  to 
unite  with  the  district  in  defending  the  suit, 
and  may  avail  themselves  of  all  procedure 
and  remedies  to  which  the  district  was  en- 
titled, including  the  right  of  appeal. — Peo- 
ple ex  rel.  Fogg  v.  Perris  Irr.  Dist.,  132  Cal. 
289,   64   Pac.   399,   773. 


"CARMICHAEL  IRRIGATION  DISTRICT  "—VALIDATION. 
ACT  2290 — An  act  to  recognize  and  declare  valid  all  proceedings  in  Carmichael  irriga- 
tion district. 

History:     Approved  March  20,  1917.     In  effect  July  27,  1917.     Stats. 
1917,  p.  12. 

Carmichael  irrigation  district  validated. 

§  1.     Carmichael   irrigation  district   as  formed  by  the  board  of  supervisors  of  the 

county  of  Sacramento,  state  of  California,  and  as  now  existing,  is  hereby  recognized 


■A 


1353  IRRIGATION  AND  IRRIGATION  DISTRICTS.  Acin  2291-2204,  §  1 

and  declared  valid  and  all  proceedings  on"  organization  and  formation  are  hereby 
approved  and  declared  valid. 

"HAPPY  VALLEY  IRRIGATION  DISTRICT  "—VALID ATION. 

ACT  2291 — An  act  to  recognize  and  declare  valid  all  proceedings  in  Happy  Valley 

irrigation  district. 

History:     Approved  May  23,  1917.     In  effect  July  27,  1917.     Stats. 
1917,  p.  906. 

Happy  Valley  irrigation  district  validated. 

$  1.  The  Happy  Valley  irrigation  district  as  formed  by  the  board  of  supervisors  of 
the  county  of  Shasta,  state  of  California,  and  as  now  existing,  is  hereby  recognized  and 
declared  valid  and  all  proceedings  on  organization  and  formation  are  hereby  approved 
and  declared  valid. 

"PARADISE  IRRIGATION  DISTRICT  "—VALIDATION. 

ACT  2292 — ^An  act  to  recognize  and  declare  valid  the  Paradise  irrigation  district,  and 

all  proceedings  in  relation  thereto  and  to  the  organization  thereof. 

History:     Approved  March  20,  1917.    In  effect  July  27,  1917.    Stats. 
1917,  p.  13. 

Paradise  irrigation  district  validated. 

$  1.  Paradise  irrigation  district,  situate  in  the  county  of  Butte,  as  formed  by  the 
board  of  supervisors  of  said  county,  and  as  now  existing  or  as  the  boundaries  thereof 
may  hereafter  be  modified  according  to  law,  is  hereby  recognized  and  declared  a  valid 
irrigation  district  with  all  the  powers  and  authority  vested  in  irrigation  districts,  and 
all  proceedings  on  organization  and  formation  thereof  are  hereby  approved  and  declared 
valid. 

"STRATFORD  IRRIGATION  DISTRICT  "—VALIDATION 

ACT  2293 — An  act  to  recognize  and  declare  valid  the  Stratford  irrigation  district,  and 

all  proceedings  in  relation  thereto  and  to  the  organization  thereof. 

History:     Approved  March  20,  1917.    In  effect  July  27,  1917.     Stats. 
1917,  p.  14. 

Stratford  irrigation  district  validated. 

$  1.  Stratford  irrigation  district,  situated  in  the  county  of  Kings,  as  formed  by  the 
board  of  supervisors  of  said  county,  and  as  now  existing  or  as  the  boundaries  thereof 
may  hereafter  be  modified  according  to  law,  is  hereby  recognized  and  declared  a  valid 
irrigation  district  with  all  the  powers  and  authority  vested  in  irrigation  districts,  and 
all  proceedings  on  organization  and  formation  thereof  are  hereby  approved  and  declared 
valid. 

"TERRA  BELLA  IRRIGATION  DISTRICT  "—VALIDATION. 

ACT  2294 — An  act  to  recognize  and  declare  valid  the  Terra  Bella  irrigation  district,  and 

all  proceedings  in  relation  thereto  and  to  the  organization  thereof. 

History:     Approved  March  20,  1917.    In  effect  July  27,  1917.     Stats. 
1917,  p.  14. 

Terra  Bella  irrigation  district  validated. 

?  1.  Terra  Bella  irrigation  district,  situate  in  the  county  of  Tulare,  as  formed  by  the 
board  of  supervisors  of  said  county,  and  as  now  existing  or  as  the  boundaries  thereof 
may  hereafter  be  modified  according  to  law,  is  hereby  recognized  and  declared  a  valid 
irrigation  district  with  all  the  powers  and  authority  vested  in  imgation  districts,  and 
all  proceedings  on  organization  and  formation  thereof  are  hereby  approved  and  declared 
valid. 


A  ft*  •2204n-T2ii4e 


GENERAL   LAWS. 


1354 


"LINDSAY-STRATHMORE  IRRIGATION  DISTRICT  "—VALIDATION. 

ACT  2294a An  act  to  recognize  and  declare  valid  the  Lindsay- Strathmore  irrigation 

district,  and  all  proceedings  in  relation  thereto  and  to  the  organization  thereof. 
History:     Approved  March  20,  1917.    In  effect  July  27,  1917.     Stats. 
1917,  p.  15. 

Lindsay- Strathmore  irrigation  district  validated. 

5  1.  Lindsay-Stratlimore  irrigation  district,  situate  in  the  county  of  Tulare,  as 
formed  by  the  board  of  supervisors  of  said  county,  and  as  now  existing  or  as  the  bound- 
aries thereof  may  hereafter  be  modified  according  to  law,  is  hereby  recognized  and 
declared  a  valid  irrigation  district  with  all  the  powers  and  authority  vested  in  irriga- 
tion districts,  and  all  proceedings  on  organization  and  formation  thereof  are  hereby 
approved  and  declared  valid. 

"BAXTER  CREEK  IRRIGATION  DISTRICT  "—VALIDATION. 
ACT  2294h — An  act  to  recognize  and  declare  valid  all  proceedings  in  Baxter  creek  irri- 
gation district. 

History:     Approved  May  4,   1917.     In  effect  July  27,   1917.     Stats. 
1917,  p.  227. 

Baxter  creek  irrigation  district  validated. 

§  1.  The  Baxter  creek  irrigation  district  as  formed  by  the  board  of  supervisors  of 
the  county  of  Lassen,  state  of  California,  and  as  now  existing,  is  hereby  recognized  and 
declared  valid,  and  all  proceedings  on  organization  and  formation  thereof  are  hereby 
approved  and  declared  valid. 

"PRINCETON-CODORA-GLENN  IRRIGATION  DISTRICT  "—VALIDATION. 

ACT  2294c — An  act  to  recognize  and  declare  valid  all  the  proceedings  in  Princeton- 

Codora-Glenn  irrigation  district. 

History:     Approved  May  4,   1917.     In  effect  July  27,  1917.     Stats. 
1917,  p.  228. 

Princeton-Codora-Glenn  irrigation  district  validated. 

§  1.  The  Princeton-Codora-Glenn  irrigation  district  as  formed  by  the  board  of  super- 
visors of  the  county  of  Glenn,  state  of  California,  and  as  now  existing  is  hereby  recog- 
nized and  declared  valid,  and  all  the  proceedings  on  organization  and  formation  are 
hereby  approved  and  in  all  respects  declared  valid. 

"RED  ROCK  CREEK  IRRIGATION  DISTRICT"—  VALIDATION. 

ACT  2294d — An  act  to  recognize  and  declare  valid  aU  proceedings  in  Red  Rock  creek 

irrigation  district. 

History:     Approved  April  21,  1919.     In  effect  July  22,  1919.     Stats. 
1919,  p.  124. 

Eed  Rock  creek  irrigation  district  validated. 

$  1.  Red  Rock  creek  irrigation  district,  as  formed  by  the  board  of  supervisors  of  the 
county  of  Lassen,  state  of  California,  and  as  now  existing,  is  hereby  recognized  and 
declared  valid,  and  all  proceedings  on  organization  and  formation  are  hereby  approved 
and  declared  valid. 


"TRANQUILLITY  IRRIGATION  DISTRICT  "—VALIDATION. 
ACT  2294e — An  act  to  recognize  and  declare  valid  all  proceedings  in  Tranquillity  irri- 
gation district. 

History:     Approved  April  21,  1919.     In  effect  July  22,  1919.     Stats. 
1919,  p.  124. 


1355  JAPANESE.  Actu  .i.U)4t-Z.^6 

Tranquillity  irrigation  district  validated. 

^  1.  Tranquillity  irrigation  district,  as  formed  by  the  board  of  supervisors  of  the 
county  of  Fresno,  state  of  California,  and  as  now  existing,  is  hereby  recognized  and 
declared  valid,  and  all  proceedings  on  organization  and  formation  are  hereby  approved 
and  declared  valid. 

"FAIR  OAKS  IRRIGATION  DISTRICT  "—VALIDATION. 
ACT  2294f — An  act  to  recognize  and  declare  valid  all  proceedings  in  Fair  Oaks  irrigar 
tion  district. 

History:     Approved  April  8,  1919.     In  effect  July  22,  1919.     Stats. 
1919,  p.  37. 

Fair  Oaks  irrigation  district  validated. 

$  1.  Fair  Oaks  irrigation  district,  as  formed  by  the  board  of  supei^isors  of  Sacra- 
mento county,  state  of  California,  and  as  now  existing,  is  hereby  recognized  and 
declared  valid,  and  all  proceedings  on  organization  and  formation  are  hereby  approved 
and  declared  valid. 

"JACINTO  IRRIGATION  DISTRICT"— VALIDATION. 
ACT  2294g — An  act  to  recognize  and  declare  valid  all  the  proceedings  in  the  Jacinto 
irrigation  district. 

History:     Approved  April  4,  1919.     In  effect  July  22,  1919.     Stats. 
1919,  p.  32. 

Jacinto  irrigation  district  validated. 

§  1.  The  Jacinto  irrigation  district  as  formed  by  the  board  of  supervisors  of  the 
county  of  Glenn,  state  of  California,  and  as  now  existing,  is  hereby  recognized  and 
declared  valid,  and  all  the  proceedings  on  organization  and  formation  are  hereby 
approved  and  in  all  respects  declared  valid. 

JACKSON. 

See  Act  3094,  note. 

CHAPTER  171. 

JAPANESE. 
Reference:     See,  generally,  Tit.  "Aliens." 

CONTENTS  OF  CHAPTER. 

ACT  2295.     Japanese  Statistics. 
2296.     Japanese   Statistics. 

JAPANESE  STATISTICS. 

ACT  2295 — An  act  to  provide  for  the  gathering,  compiling,  printing  and  distribution 

of  statistics  and  information  regarding  the  Japanese  of  the  state,  and  making  an 

appropriation  therefor. 

History:     Approved  March  8,  1909,  Stats.  1909,  p.  227. 

This  act  provided  for  the  gathering  of  statistics  by  the  state  labor  commissioner  and 
appropriated  $10,000  to  carry  out  the  purpose  of  the  act. 

JAPANESE  STATISTICS. 
ACT  2296 — An  act  to  aid  in  the  carrying  out  of  the  provisions  of  an  act  entitled,  "An 
act  to  provide  for  the  gathering,  compiling,  printing  and  distribution  of  statistics  and 
information  regarding  the  Japanese  of  the  state,  and  making  an  appropriation  there- 
for, ' '  making  it  the  duty  of  certain  officers  to  keep  certain  records  and  furnish  such 
statistics  and  information. 

History:     Approved  March  25,  1909,  Stats.  1909,  p.  719. 
This   aot   required   certain   officers   to   keep    certain    records. 


Act«  2301-2311 


GENERAL.  LAWS.  *35« 


CHAPTER  172. 
JEWISH  ORDER  OF  KESHER  SHEL  BARSEL. 

CONTENTS  OF  CHAPTER. 

ACT   2301.      CONFEREINQ   CORPORATE    P0WEE3. 

CONFERRING  CORPORATE  POWERS. 
ACT  2301 — An  act  concerning  ancient  Jewish  order  of  Kesher  shel  BarseL 
History:     Approved  March  21,  1868,  Stats.  1867-68,  p.  201, 
Thia  act  conferred  corporate  powers  on  the  above  order. 

JOHNSON  GRASS. 

See  tit.  "Agriculture." 


CHAPTER  173. 

JUDGES  OF  THE  PLAINS. 
References:     See,  generally,  tits.  "Animals";  Estrays";   "Trespassing  AnimalB." 

CONTENTS  OF  CHAPTER. 

ACT  2306.    Judges  of  the  Plains. 

JUDGES  OF  THE  PLAINS. 
ACT  2306— An  act  concerning  judges  of  the  plains  (jueces  del  campo)  and  defining 
their  duties. 

History:  Approved  April  25,  1851,  Stats.  1851,  p.  515.  Amended 
March  31,  1857,  Stats.  1857,  p.  158;  April  25,  1863,  Stats.  1863,  p.  497. 
Continued  iu  force  by  the  codes.  See  Kerr's  Cyc.  Penal  Code,  §  23; 
Kerr's  Cyc.  Political  Code,  §  19.  Probably  repealed  by  the  county 
government  acts.  See  Kerr's  Cyc.  Political  Code,  §§  4000,  et  seq. 
See  editor's  note. 

Editor'n  note:    This  act  provided  for  the  pealing  sections  of  the  acts,  operate  as  an 

appointment  of  judges  of  the  plains.     They  implied  repeal,  by  leaving  no  power  to  ap- 

were    required    to    attend    rodeos    of    cattle  point    these   very   useful    officials    of   a   time 

and  also  to  settle  disputes  as  to  the  owner-  that  is  past.     Their  activities  have  left  lit- 

ship    of    animals.      The    act    was    continued  tie  or  no  mark  upon  the  judicial  records  of 

in  force  by  the  codes,   and   has  never   been  the  state,  even  in  those  which  relate  to  the 

superseded    or    expressly    repealed.        It    is  early  days.     They  are  referred  to  in  some  of 

probable,    however,    that    the    provisions    of  the   early  cases  on   trespassing  animals,   es- 

the    county     government    acts     relating    to  trays    and    animals    running    at    large.     Be- 

powers  of  supervisors,  with  the  general  re-  yond  that  there  is  practically  nothing. 


CHAPTER  174. 

JUDGMENTS. 
Reference:     Actions  and  suits  against  the  state,  see  tit.  "State." 

CONTENTS  OF  CHAPTER. 

ACT  2311.     Payment  of  Judgments  Against  Counties  and  Municipalities. 

2312.     Recovery  op  Judgments  Against  Municipalities  of  Over  100,000  Popxjlation. 

PAYMENT  OF  JUDGMENTS  AGAINST  COUNTIES  AND  MUNICIPALITIES. 
ACT  2311 — An  act  to  provide  for  the  payment  of  judgments  against  counties,  cities, 
cities  and  counties,  and  towns. 

History:     Approved  March  23,  1901,  Stats.  1901,  p.  791. 


Jll 


I 


1357  JUDGMENTS.  Act  2312, 8  1 

Judgments  against  counties  and  municipalities,  how  to  "be  paid. 

$  1.  All  final  judgments  now  existing  or  that  may  be  obtained  hereafter  against  any 
county,  city  and  county,  city,  or  town  of  the  state  of  California,  shall  be  paid  by  the 
treasurer  of  such  county,  city  and  county,  or  town,  as  hereinafter  provided. 

Duties  of  officers. 

§  2,  It  shall  be  the  duty  of  the  county  clerk  to  file  with  the  auditor  and  to  furnish 
the  board  of  supervisors,  toAvn  trustees,  or  other  board  or  body  authorized  by  law  to 
levy  taxes,  a  complete  list  of  all  existing  final  judgments  against  such  county,  city  and 
county,  city  or  town,  of  record  in  his  office,  at  least  fifteen  days  before  the  day  on 
which  any  tax  levy  must  by  law  be  made. 

Same.    Judgments  may  be  paid  in  installments. 

^  3.  It  shall  be  the  duty  of  the  auditor  to  examine  and  audit  the  final  judgments 
so  reported  by  the  county  clerk,  and  to  certify  the  amount  of  such  final  judgments  to 
the  treasurer  within  five  (5)  days  from  the  day  on  which  such  list  of  final  judgments 
is  filed  with  him.  Thereupon,  the  board  of  supervisors,  city  council,  town  trustees, 
or  other  board  of  officers,  as  the  case  may  be,  having  authority  to  levy  taxes  upon  the 
taxable  property  of  such  county,  city  and  county,  city,  or  town,  must  include  in  the 
tax  levy  for  the  next  fiscal  year  a  rate  or  sum  sufficient  to  pay  all  final  judgments 
existing  against  such  county,  city  and  county,  city,  or  town.  The  omission  to  include 
the  amount  of  any  existing  final  judgment  in  the  tax  levy  for  any  year,  shall  not  of 
itself  invalidate  the  tax  levy  as  made,  but  such  omission  or  omissions  must  be  included 
in  the  next  tax  levy;  provided,  that  the  board  of  supervisors  or  other  board  or  officers 
having  authority  to  levy  taxes  may  provide  for  the  payment  of  such  final  judgments 
when  so  audited  by  including  in  the  tax  levy  for  the  next  fiscal  year  an  aliquot  part 
or  fraction  of  the  amount  of  such  judgments,  and  thereupon  the  treasurer  shall  pay 
to  each  judgment  creditor  a  like  aliquot  part  or  fraction  of  the  amount  of  the  judg- 
ment of  the  creditor,  and  thereafter  a  like  aliquot  part  or  fraction  of  the  amount  of 
such  judgments  shall  be  levied  and  paid  each  successive  year  until  the  whole  thereof 
shall  be  fully  paid;  but  such  fractional  levy  and  payments  shall  in  no  case  be  less 
than  one-tenth  (1/10)  of  the  whole  amount  of  such  judgments. 

§  4.     This  act  shall  take  effect  immediately. 

1.  Scope  of  act — Xot  construed  as  au-  2.  Duty  of  city  council — Inclusion  of  de- 
tliorizing'  demand  ■»vliicl»  \>-ould  lie  violative  mand  in  tax  levy. — The  duty  of  the  city 
of  constitution. — The  act  of  March  23,  1901  council  of  a  municipality  under  this  act,  to 
(Stats.  1901,  p.  794),  is  not  available  for  the  include  the  amount  of  a  judgment  against 
enforcement  of  a  demand  against  a  munici-  the  city  in  the  tax  levy,  depends  upon  the 
pality  against  the  revenue  and  income  of  furnishing  by  the  clerk,  to  the  council, 
ar  fiscal  j'ear  subsequent  to  that  in  which  fifteen  days  before  the  day  requires  the  levy 
the  liability  on  which  the  demand  is  based  to  be  made,  of  a  report  of  the  judgment, 
was  incurred,  and  to  hold  otherwise  w^ould  and  if  this  is  not  done,  and  the  report  is 
be  to  effect  a  violation  of  the  provisions  of  not  received  until  the  day  of  the  levy,  pro- 
section  18,  article  XI,  of  the  constitution. —  vision  must  be  made  in  the  next  year's  levy. 
Arthur  v.  City  of  Petaluma,  175  Cal.  216,  — Arthur  v.  Horwege,  28  Cal.  App.  738,  153 
224,   165  Pac.   698.  Pac.  980. 

See,  also,  San  Joaquin  L.  &  P.  Co.  v.  City 
of  Madera,  175  Cal.  229,  165  Pac.  701. 

RECOVERY  OF  JUDGMENTS  AGAINST  MUNICIPALITIES  OF  OVER 

ONE  HUNDRED  THOUSAND  POPULATION. 

ACT  2312 — An  act  prescribing  how  judgments  which  may  he  recovered  against  any 

city  and  county  of  over  one  hundred  thousand  population  shaU  he  paid. 

History:     Approved  March  26,  1895,  Stats.  1895,  p.  163. 

Judgment-s  against  city  and  county  of  over  100.000  population  to  he  paid  out  of  the 

general  fund. 

$  1.  All  existing  judgments  against  anj'  city  and  county  of  over  one  hundred  thou- 
sand population  shall  be  paid  by  the  treasurer  of  such  city  and  county,  out  of  the  or 


All  .i3.i4.  a  1-a 


Ul<:Kfc:KAI.   LAWS.  I«t5» 


anv  general  fund  thereof,  after  the  same  shall  have  been  audited  by  the  auditor, 
auiiitiug  otlicer,  board,  or  other  auditing  officer  or  officers,  and  it  is  hereby  made  the 
duty  of  the  board  of  supervisors  and  mayor  of  such  city  and  county  to  include  in  the 
tax  levy  for  any  fiscal  year  a  sum  sufficient  to  pay  existing  judgments. 

Time  of  taking  effect. 
^  2.    This  act  shall  take  effect  and  be  in  force  immediately  after  its  passage. 
Apparently  restricted  to  existing  judgments. 

JURORS. 

See  tit.  "Fees." 

CHAPTER  175. 
JUSTICES'  CLERK. 

CONTENTS  OF  CHAPTER. 

ACT  2324.    Justices'  Clerk  in  Cities  and  Counties  of  Oveb  100,000  Population. 
2325.    Clekk  in  Township  Justice's  Couet. 

JUSTICES*  CLERK  IN  CITIES  AND  COUNTIES  OF  OVER  100,000  POPULATION. 

ACT  2324 — An  act  relatinu  to  the  justices'  courts  in  cities  and  counties  of  more  than 
two  hundred  thousand  population,  and  providing  for  the  appointment  of  a  justices' 
clerk  and  his  assistants,  prescribing  their  duties  and  fixing  their  compensation. 
History:     Approved  March  25,  1903,  Stats.  1903,  p.  477. 

Appointment  of  justices'  clerk. 

^  1.  The  supervisors  in  every  city  and  county  of  more  than  two  hundred  thousand 
population  shall  appoint  a  justices'  clerk  upon  the  written  nomination  and  recommen- 
dation of  the  justices  of  the  peace  of  said  city  and  county  or  a  majority  of  them,  who 
shall  hold  office  for  four  years  and  until  his  successor  is  in  like  manner  appointed 
;aid  qualified. 

Oath  of  office  and  bond. 

i  2.  Said  justices'  clerk  shall  take  the  constitutional  oath  of  office,  and  give  bond 
in  the  sum  of  ten  thousand  dollars  for  the  faithful  discharge  of  the  duties  of  his  office, 
and  in  the  same  manner  as  is  or  may  be  required  of  other  officers  of  said  city  and 
county.  A  new  or  additional  bond  may  be  required  by  the  supervisors  of  such  city  and 
county,  whenever  they  may  deem  it  necessary. 

Appointment  of  assistants. 

^  3.     The  justices'  clerk  shall  have  authority  to  appoint  one  cashier,  one  chief  deputy 
clerk,  two  deputy  clerks  and  one  messenger,  for  whose  acts  he  shall  be  responsible  on 
his  official  bond.    The  said  appointees  to  hold  office  during  the  pleasure  of  said  justices' 
clerk- 
Authority  of  assistants. 

^  4.  Said  chief  deputy  clerk  and  said  deputy  clerks  shall  have  authority  to  admin- 
ister oaths,  and  take  and  certify  affidavits  in  any  action,  suit  or  proceeding  in  tho 
justices'  courts  in  such  city  and  county  and  generally  to  perform  all  acts  which  the 
justices'  clerk  himself  might  perfornii. 

Salaries. 

4  5.  Said  justices'  clerk  and  his  appointees  shall  receive  for  their  official  services 
the  following  salaries  and  no  other  or  further  compensation,  payable  out  of  the  treas- 
ury of  such  city  and  county,  after  being  allowed  and  audited  as  other  similar  demands 


1W»  JUSTICES'    CLERK.  Act  2325,  88  1,  a 

are  required  by  law  to  be  allowed  and  audited:  The  said  justices'  clerk  the  sum  of 
three  thousand  dollars  per  annum ;  the  cashier  and  the  chief  deputy  clerk  each  the  sum 
of  eighteen  hundred  dollars  per  annum;  the  deputy  clerks  fifteen  hundred  dollars  per 
annum  each;  and  the  messenger  twelve  hundred  dollars  per  annum. 

Office  hours. 

^  6.  The  said  justices,  justices'  clerk  and  his  said  appointees  shall  be  in  attendance 
at  their  respective  offices  for  the  dispatch  of  official  business,  daily,  except  Sundays 
and  holidays,  from  the  hour  of  nine  o'clock  a.  m.  until  five  o'clock  p.  m. 

Duty  of  justices'  clerk. 

5  7.  In  all  actions,  suits,  and  proceedings  commenced  in  the  justices'  court  in  such 
city  and  county,  or  before  any  of  the  justices  of  the  peace  thereof,  the  original  process 
shall  be  returnable,  and  the  parties  summoned  required  to  appear  before  one  of  the 
justices  of  the  peace,  to  be  designated  by  the  justices'  clerk,  upon  issuing  such  process. 

To  issue  legal  process  in  all  kinds  of  actions. 

§  8.  All  legal  process  of  every  kind  in  actions,  suits  or  proceedings  in  said  justices ' 
court  shall  be  issued  by  the  said  justices'  clerk. 

Conflicting  acts  repealed. 

§  9.     All  other  acts  so  far  as  they  conflict  with  this  act  are  hereby  repealed. 

$  10.     This  act  shall  take  effect  immediately. 

Editor's    note:     This    act    seems    to    have  since  §  86  relates  to  Justices'  clerks  In  cities 

superseded   the   code   provision   on   the   same  and    counties    mentioned    in    §  85,    the    code 

subject.    See    Kerr's    Cyc.    Code    Civ.    Proc,  provides    for   justices'    clerks    in    cities    and 

§  86.     That  section  of  the  code  was  amended  counties    of    over    400,000    population,    while 

in     1915     (Stats.     1915,     p.     58),     which     also  the  act  does  the  same,   in   substantially   the 

amended   §  85,   so   as   to   refer   to   cities   and  same    phraseology,    for    cities    and    counties 

counties  of  over  400,000  population,  so  that,  of  more  than  100,000. 

CLERK  IN  TOWNSHIP  JUSTICE'S  COURT. 

ACT  2325— An  act  to  provide  for  the  emplojrment  of  a  clerk  by  certain  justices  of  the 

peace  and  to  pay  the  salaries  of  such  clerk. 

History:     Approved  April  15,  1909,  Stats.  1909,  p.  906. 
Clerk  to  township  justice  clerk. 

^  1.  In  cities  of  this  state,  where  there  are  two  justices  of  the  peace,  one  of  whom 
is  the  city  justice  of  said  city,  and  who  is  paid  a  salary  and  who  is  provided  with  a 
clerk  and  courtroom  by  said  city  and  the  other  justice  known  as  the  township  justice 
and  whose  compensation  in  civil  cases  is  by  fee  and  who  is  paid  a  salary  by  the  county 
in  lieu  of  fees  for  all  criminal  cases  that  the  district  attorney  may  try  or  examine  in 
said  township  justice's  court,  the  justice  of  the  peace  in  and  for  said  township  jus- 
tices' court  is  hereby  entitled  to  and  may  appoint  a  clerk  subject  to  the  approval  of 
the  board  of  supervisors  of  the  county  to  properly  keep  the  records  of  his  court  and  to 
do  and  perform  such  other  work  as  the  justice  of  said  court  may  assign  to  such  clerk. 

Salary. 

$  2.  The  clerk  of  said  township  justice 's  court  shall  be  paid  an  annual  salary  of 
twelve  hundred  dollars,  to  be  paid  monthly  by  the  county  in  which  said  justice 's  court 
shall  be  located;  said  clerk's  salary  shall  be  audited,  allowed  and  paid  as  the  salaries 
of  county  officers  are  audited,  allowed  and  paid. 

JUSTICES  OF  THE  PEACE. 

See  Kerr's  Cyc.  Political  Code,  $4239. 

Townslilp  Justices'  clerks  in  townships  of  250,000  to  400.000  inhabitants.— See  Kerr'a 
Cyc.  Code  Civil  Procedure,  §§  101,  et  seq. 


Act  JiXil.  69  l-S 


UKNKKAli  L.AVVS.  IwtttO 


CHAPTER  176. 
JUTE  GOODS. 
Reference:     See  tits.  "Advertisement";   "Insurance";   "Prisons";   Act  3608. 

CONTENTS  OF  CHAPTER. 

ACT  2331.    Sale  Price  op  Jute  Goods. 

2332.  Insurance  of  Jute  Goods. 

2333.  Permanent  Fund  for  Purchase  of  Jutb. 

SALE  PRICE  OF  JUTE  GOODS. 

ACT  2331 An  act  authorizing  the  state  board  of  prison  directors  to  fix  the  price, 

terms  and  conditions  of  sale  at  which  jute  bags  should  be  sold  for  the  state,  provid- 
ing for  the  prosecution  and  punishment  for  offenses  under  the  same,  and  repealing 
an  act  entitled,  "An  act  fixing  the  price,  terms  and  conditions  of  sale  at  which  jute 
goods  shall  be  sold  by  the  state,  and  providing  for  prosecution  and  punishment  for 
offenses  under  the  same,"  approved  June  16,  1913,  and  all  acts  or  parts  of  acts  in 
conflict  herewith. 

History:  Approved  January  30,  1915.  In  effect  immediately.  Stats. 
1915,  p.  13.  Prior  act  of  February  27,  1893,  Stats.  1893,  p.  54.  Amended 
March  20,  1905,  Stats.  1905,  p.  532.  Repealed  by  the  act  of  March  22, 
1907,  Stats.  1907,  p.  857,  which  was  amended  March  10,  1909,  Stats. 
1909,  p.  280,  and  repealed  by  the  act  of  June  16,  1913,  Stats.  1913, 
p.  1011,  which  was  repealed  by  the  present  act. 

Sale  of  jute  goods,  prices,  etc. 

§  1.  The  state  board  of  prison  directors  are  authorized  and  empowered  to  adopt 
rules  and  regulations  of  the  sale  of  jute  goods,  but  such  rules  and  regulations,  before 
they  become  effective,  shall  be  approved  by  a  majority  of  the  state  board  of  control. 
The  state  board  of  prison  directors  shall  annually,  in  the  month  of  January  of  each 
year  fix  the  price,  for  the  sale  of  jute  bags,  and  give  public  notice  of  the  same,  for  at 
least  ten  days  in  at  least  four  newsi^apers  of  general  circulation  printed  and  published 
as  follows,  to  wit:  one  in  the  city  and  county  of  San  Francisco,  one  in  the  San  Joaquin 
valley,  one  in  the  Salinas  valley,  and  one  in  the  Sacramento  valley.  Until  the  first  day 
of  April  of  each  year,  jute  bags  shall  be  sold  only  to  consumers  thereof,  but  after  said 
date,  if  a  surplus  of  said  jute  bags  remain  unsold,  they  may  be  sold  to  any  one  in  such 
quantities  and  at  such  prices  as  the  board  of  prison  directors  in  their  discretion  may 
deem  proper. 

Orders  accompanied  by  affidavit. 

^  2.  All  orders  for  jute  bags  filed  with  the  board  of  prison  directors  prior  to  the 
first  day  of  April  of  each  year,  shall  be  accompanied  by  an  affidavit  setting  forth  the 
name,  residence,  post  office  address  and  occupation  of  the  applicant;  that  the  amount 
of  goods  contained  in  the  order  are  for  the  applicant's  individual  and  personal  use, 
and  that  he  has  not  contracted  for,  nor  agreed  to  contract  for  the  sale  of  any  portion 
thereof  to  any  person  or  persons  whatsoever.  Said  affidavit  shall  be  subscribed  and 
sworn  to  before  a  notary  public,  justice  of  the  peace,  or  other  officer  authorized  to 
administer  oaths. 

Penalty  for  false  affidavit. 

§  3.  Any  person  who  shall  falsely  or  fraudulently  make  such  affidavit,  or  who  shall 
falsely  or  fraudulently  procure  jute  bags  under  the  provisions  of  this  act,  shall  be 
guilty  of  a  misdemeanor,  and  on  conviction  thereof  shall  be  fined  not  less  than  two 
hundred  dollars. 


J 


1361  JUTE     GOODS.  Act  2332,  §§  1,  2 

Public  record. 

§  4,  The  board  of  prison  directors  shall  keep  at  the  San  Quentin  prison  a  book  for 
public  inspection,  in  which  shall  be  entered  the  number  of  jute  bags,  the  amount  of 
jute  goods  manufactured  each  year,  and  also  the  name  of  each  purchaser,  his  post 
office  address,  his  occupation,  number  of  jute  bags  or  jute  goods  purchased  by  him, 
and  the  price  paid  by  him  therefor  and  the  date  of  sale  and  the  place  to  which  ship- 
ment is  made. 

Act  1913  repealed. 

$5.  An  act  entitled,  "An  act  fixing  the  price,  terms  and  conditions  of  sale  at 
which  jute  goods  shall  be  sold  by  the  state,  and  providing  for  prosecution  and  punish- 
ment for  offense  under  the  same";  approved  June  16,  1913,  and  all  other  acts  and 
parts  of  acts  in  conflict  with  this  act  are  hereby  repealed. 

Urgency. 

§  6.  This  act  is  hereby  declared  to  be  an  urgency  measure  within  the  meaning  of 
section  one  of  article  four  of  the  constitution  of  the  state  of  California  and  shall 
take  effect  immediately.  The  following  is  a  statement  of  facts  constituting  such 
urgency :  Since  the  fixing  of  the  present  price  of  jute  goods  manufactured  in  the  state 
prison,  the  market  price  has  fallen  on  account  of  financial  conditions  incident  to  the 
European  war,  and  the  state  has  been,  now  is,  and,  until  the  taking  effect  of  this  act, 
will  be  unable  so  to  change  the  price  of  said  goods  as  to  be  able  [to]  sell  or  dispose 
of  any  portion  thereof.  The  state  now  has  in  stock  over  two  hundred  fifty  thousand 
dollars  worth  of  such  jute  goods,  which  it  is  the  purpose  and  effect  of  this  act  to 
enable  the  state,  acting  through  its  board  of  prison  directors,  to  sell,  in  order  that  the 
moneys  now  invested  in  said  goods  may  be  rendered  available  for  the  use  and  support 
of  the  state  prison. 

INSURANCE  OF  JUTE  GOODS. 
ACT  2332 — An  act  to  authorize  and  empower  the  state  board  of  prison  directors  to 
insure  jute  and  jute  goods  against  either  fire  or  marine  loss  and  to  pay  the  cost  of 
such  insurance  from  the  revolving  fund  for  the  purchase  of  jute. 

Title  as  amended : 

"An  act  to  authorize  and  empower  the  state  board  of  prison  directors  to  insure 

jute,  jute  goods,  and  other  prison  made  goods  and  materials  for  the  manufacture  of  the 

same,  against  either  fire  or  marine  loss  and  to  pay  the  cost  of  such  insurance  from  the 

revolving  fund  for  the  purchase  of  jute  and  fi'om  the  manufacturing  revolving  fund." 

[Amendment  of  April  30,  1919.    In  effect  July  22,  1919.    Stats.  1919,  p.  175.] 

History:  Approved  March  10,  1909,  Stats.  1909,  p.  281.  Entire  act 
Including  title  amended  April  30,  1919.  In  effect  July  22,  1919.  Stats. 
1919,  p.  175. 

Act  as  amended: 
Insurance  of  jute  goods. 

^  1.  The  state  board  of  prison  directors  is  hereby  authorized  and  empowered  to 
insure  from  time  to  time  against  fire  or  marine  loss,  all  jute  and  jute  goods  owned  by 
the  state,  in  such  amounts  as  it  may  deom  proper.  The  cost  of  such  insurance  shall 
be  paid  from  the  revolving  fund  for  the  purchase  of  jute. 

Insurance  of  other  prison  made  goods. 

^  2.  The  state  board  of  prison  directors  is  hereby  authorized  to  insure  from  time 
to  time  against  fire  or  marine  loss,  all  furniture,  shoes,  clothing  or  other  articles  manu- 
factured at  San  Quentin  Prison  and  the  materials  from  which  the  same  are  made,  in 
such  amounts  as  it  may  deem  proper.  The  cost  of  such  insurance  shall  be  paid  fx'om 
the  manufacturing  revolving  fund. 

Gen.  Laws — 86 


\rl  :»33.  SS  1.  1  GENERAL   LAWS.  13«2 

PERMANENT  FUND  FOR  PURCHASE  OF  JUTE. 
ACT  2333— Appropriation  for  the  establishment  of  a  permanent  fund  for  the  purchase 
of  jute  to  be  manufactured  at  the  state  prison  at  San  Quentin. 

History:  Approved  March  9,  18S5,  Stats.  1885,  p.  53.  Amended 
March  16.  1889.  Stats.  1889.  p.  228;  February  23,  1911,  Stats.  1911,  p.  73; 
March  24,  1911,  Stats.  1911,  p.  486.  The  act  of  March  8.  1907,  Stats. 
1907.  p.  162,  appropriated  |100,000  for  the  purpose  indicated. 

Act  as  amended  February  23,  1911: 

Appropriation:  Purchase  of  jute.    "Revolving  fund." 

^  1.  The  sum  of  two  hundred  thousand  dollars  is  hereby  appropriated  out  of  any 
money  in  the  state  treasury  not  otherwise  appropriated,  to  provide  and  maintain  a 
jiermanont  revolving  fund  for  the  purchase  of  jute  for  the  state  prisons.  All  moneys 
taken  therefrom  to  be  used  exclusively  in  payment  for  jute  to  be  used  in  manufacturing 
in  said  state  prisons;  and  so  much  of  the  money  received  from  the  sale  of  any  goods 
manufactured  from  said  jute  shall  be  returned  to  the  said  revolving  fund,  so  that  the 
fund  shall  contain  two  hundred  thousand  dollars  before  any  of  the  proceeds  from  the 
sale  of  said  manufactured  goods  are  used  for  any  other  purpose  than  the  purchase  of 
jute.  Whenever  said  "revolving  fund"  shall  be  replenished  and  there  shall  be  a 
surplus,  or  balance,  over  the  amount  appropriated,  such  surplus,  or  balance,  shall  be 
paid,  not  less  frequently  then  semi-annually,  into  the  state  treasury  to  the  credit  of 
the  fund  to  be  known  as  "the  prison  fund  of  San  Quentin  prison"  (which  "fund"  is 
hereby  created),  for  the  use  and  support  of  San  Quentin  prison  and  of  the  trades  and 
industries  conducted  therein.  [Amendment  approved  February  23,  1911,  Stats.  1911, 
p.  73.] 

$  2.     This  act  shall  take  effect  immediately. 

Act  as  amended  March  24,  1911 : 
Appropriation:  Revolving  fund,  San  Quentin. 

^  1.  The  sum  of  two  hundred  thousand  dollars  is  hereby  appropriated  out  of  any 
money  in  the  state  treasury  not  otherwise  appropriated,  to  provide  and  maintain  a 
permanent  revolving  fund  for  the  purchase  of  jute  for  the  state  prison.  All  moneys 
taken  therefrom  to  be  used  exclusively  in  payment  for  jute  to  be  used  in  manufacturing 
in  said  state  prison;  and  so  much  of  the  money  received  from  the  sale  of  any  goods 
manufactured  from  said  jute  shall  be  returned  to  the  said  revolving  fund,  so  that  the 
fund  shall  contain  two  hundred  thousand  dollars  before  any  of  the  proceeds  from  the 
sale  of  said  manufactured  goods  are  used  for  any  other  purpose  than  the  purchase 
of  jute.  Whenever  said  "revolving  fund"  shall  be  replenished  and  there  shall  be  a 
surplus  or  balance  over  the  amount  appropriated,  such  surplus  or  balance  shall  be 
paid,  not  less  frequently  than  semi-annually,  into  the  state  treasury  to  the  credit  of 
the  fund  to  be  known  as  "the  prison  fund  of  San  Quentin  prison"  (which  "fund"  is 
hereby  created),  for  the  use  and  support  of  San  Quentin  prison  and  of  the  trades  and 
industries  conducted  therein.  [Amendment  approved  March  24,  1911,  Stats.  1911,  p. 
486.  J 


i 


isea  juve^mile:  court.  Act 2341, 91 

CHAPTER  177. 
JUVENILE  COURT. 

CONTENTS  OF  CHAPTER. 
ACT  2341.     Juvenile  Coubt  Law. 

JUVENILE  COURT  LAW  OF  1915. 
ACT  2341 — An  act  to  be  known  as  the  juvenile  court  law.  and  concerning  persons  under 
the  a^e  of  twenty-one  years;  and  in  certain  cases  providing  for  their  care,  custody 
and  maintenance;  providing  for  the  probationary  treatment  of  such  persons,  and 
for  the  commitment  of  such  persons  to  the  Whittier  State  School  and  the  Preston 
School  of  Industry,  the  California  School  for  Girls,  and  other  institutions;  estab- 
lishing probation  officers  and  a  probation  committee  to  deal  with  such  persons  and 
fixing  the  salary  thereof;  providing  for  the  establishment  of  detention  homes  for 
such  persons;  fixing  the  method  of  procedure  and  treatment  or  commitment  where 
crimes  have  been  committed  by  such  persons;  providing  for  the  punishment  of  those 
guilty  of  offenses  with  reference  to  such  persons,  and  defining  such  crimes;  and 
repealing  the  juvenile  court  law  approved  March  8,  1909,  as  amended  by  an  act 
approved  April  5,  1911,  and  as  amended  by  an  act  approved  June  16,  1913,  and  all 
amendments  thereof  and  all  acts  or  parts  of  acts  inconsistent  herewith. 

History:  Approved  June  5,  1915.  In  effect  August  8,  1915.  Stats. 
1915,  p.  1225.  Amended  (1)  May  28,  1917.  In  effect  July  27,  1917. 
Stats.  1917,  p.  1002.  (2)  May  28,  1917.  In  effect  July  27,  1917.  Stats. 
1917,  p.  1022.  (3)  May  11,  1919.  In  effect  July  22,  1919.  Stats.  1919, 
p.  475.  (4)  May  18,  1919.  In  effect  July  22,  1919.  Stats.  1919,  p.  755. 
(5)  May  27,  1919.  In  effect  July  22,  1919.  Stats.  1919,  p.  1298.  Prior 
act  of  February  26,  1903,  Stats.  1903,  p.  44.  Amended  (1)  March  22, 
1905,  Stats.  1905,  p.  806;  (2)  March  21,  1907,  Stats.  1907,  p.  777.  Re- 
pealed by  the  act  of  March  8,  1909,  Stats.  1909,  p.  213,  which  was 
amended  (1)  February  17,  1911,  Stats.  1911,  p.  83;  (2)  as  to  entire 
act,  April  5,  1911,  Stats.  1911,  p.  658;  (3)  as  to  entire  act  June  16, 
1913,  Stats.  1913,  p.  1285;  and  repealed  by  the  present  act.  The 
acts  of  1909  (Stats.  1909,  p.  213),  1911  (Stats.  1911,  p.  673),  and 
1913  (Stats.  1913,  p.  1285),  contained  saving  clauses,  providing  that 
orders  and  judgments  made  under  the  act  of  1903  should  continue  in 
full  force  and  effect. 

"Juvenile  court  law." 

$1.  This  act  shall  be  known  as  the  "juvenile  court  law"  and  shall  apply  to  any 
person  under  the  age  of  twenty-one  years: 

Persons  affected. 

1.  Who  is  found  begging,  receiving  or  fathering  alms,  or  who  is  found  in  any  street, 
road  or  public  place  for  the  purpose  of  so  doing,  whether  actually  begging  or  doing  so 
under  the  pretext  of  selling  or  offering  for  sale  any  article  or  articles,  or  of  singing  or 
playing  on  any  musical  instrument,  or  of  giving  any  public  entertainment  or  accom- 
panying or  being  used  in  aid  of  any  person  so  doing;  or 

2.  Who  has  no  parent  or  guardian;  or  who  has  no  parent  or  guardian  willing  to 
exercise  or  capable  of  exercising  proper  parental  control;  or  who  has  no  parent  or 
guardian  actually  exercising  such  proper  parental  control  and  who  is  in  need  of  such 
control;  or 

3.  Who,  being  a  minor,  is  destitute,  or  whose  father,  said  person  being  a  minor,  does 
not  or  can  not  provide  for  said  person  the  necessities  of  life,  and  who  has  no  other 
means,  through  his  mother  or  otherwise,  of  obtaining  said  necessities. 

4.  Whose  home,  said  person  being  a  minor,  by  reason  of  neglect,  cruelty  or  depravity 
on  the  part  of  his  parents  or  either  of  them,  or  on  the  part  of  his  guardian,  or  on  the 


Act  2341,  §§  2,  3 


GBNKRAL   LAWS.  1364 


part  of  the  person  in  whose  custody  or  care  he  may  be,  is  an  unfit  place  for  said  per- 
son; or 

5.  Who  is  found  wandering  and  either  has  no  home  or  no  settled  place  of  abode  or 
no  visible  means  of  subsistence  or  no  proper  guardianship;  or 

6.  Who  is  a  vagrant  or  who  frequents  the  company  of  criminals,  vagrants  or  pros- 
titutes or  persons  so  reputed;  or  who  is  in  any  house  of  prostitution  or  assignation;  or 

7.  Who  habitually  visits  without  parent  or  guardian  any  public  billiard  room  or 
public  pool  room,  or  any  saloon  or  any  place  where  any  spirituous,  vinous  or  malt  liquors 
are  sold,  bartered,  exchanged  or  given  away;  or 

8.  Who  habitually  uses  intoxicating  liquors  or  habitually  smokes  cigarettes,  or 
liabitually  uses  opium,  cocaine,  morphine  or  other  similar  drug  without  the  direction 
of  a  competent  physician;  or 

9.  Who,  being  a  minor,  persistently  or  habitually  refuses  to  obey  the  reasonable 
and  proper  orders  or  directions  of,  or  who  is  beyond  the  control  of,  his  parent,  parents, 
guardian  or  custodian;  or 

10.  Who  is  an  habitual  truant  from  school  within  meaning  of  any  law  of  this  state;  or 

11.  Who  is  leading,  or  from  any  cause  is  in  danger  of  leading,  an  idle,  dissolute,  lewd 
or  immoral  life;  or 

12.  Who  is  insane,  or  feeble-minded,  or  so  far  mentally  deficient  that  the  parents 
or  guardian  are  unable  to  exercise  proper  parental  control  over  said  person,  or  whose 
mind  is  so  far  deranged  or  impaired  as  to  endanger  the  health,  person,  or  property  of 
himself  or  others. 

13.  Who  violates  any  law  of  this  state  or  any  ordinance  of  any  town,  city,  county, 
or  city  and  county  of  this  state  defining  crime. 

14.  Who  shall  be  declared  free  from  the  custody  and  control  of  his  parents,  as  more 
fully  defined  in  section  fifteen  of  this  act. 

Persons  judged  wards  of  court. 

^  2.  When  any  person  under  the  age  of  twenty-one  years,  alleged  to  come  within 
the  provisions  of  any  of  the  subdivisions  one  to  thirteen  inclusive  of  section  one  of  this 
act,  shall  be  found  by  said  court  or  judge  to  come  within  the  tei-ms  of  any  of  said  sub- 
divisions as  alleged,  the  court  shall  adjudge  said  person  to  be  a  ward  of  the  juvenile 
court  and  shall  in  its  judgment  make  a  finding  of  the  facts  upon  which  the  court  exer- 
cises its  jurisdiction  over  such  person  as  a  ward  of  the  juvenile  court;  and  the  court 
shall  thereupon  make  such  order  or  orders,  in  accordance  with  said  findings,  as  may  be 
necessary  for  the  care  of  said  ward  of  the  juvenile  court;  provided,  however,  that  no 
merely  unfortunate  person  shall  be  so  committed  or  placed  as  to  be  brought  into 
.direct  contact  or  personal  association  with  wayward  persons  of  evil  influence.  All 
commitment  and  recommitment  orders  shall  be  in  writing,  and  shall  be  signed  by  the 
judge  of  the  juvenile  court. 

Any  person  may  file  petition. 

$  3.  Any  person  may  file  with  the  clerk  of  the  superior  court  a  petition  showing 
that  there  is  within  the  county,  or  residing  therein,  or,  in  the  case  of  any  alleged  viola- 
tion within  said  county  of  any  law  or  ordinance,  that  there  then  was  within  said 
county,  a  person  coming  within  the  provisions  of  section  one  or  section  fifteen  of  this 
act,  and  praying  that  the  superior  court  deal  with  such  person  as  provided  in  this  act. 
Such  petition  shall  be  verified,  and  shall  contain  a  statement  of  the  facts  bringing  said 
person  within  the  provisions  of  either  of  said  sections,  and  the  names  and  residences, 
if  known  to  said  petitioner,  of  the  parent  or  parents  or  guardian  of  said  person,  or  if 
there  be  neither  parent  nor  guardian  residing  within  tlie  county,  or  in  the  case  of  a  per- 
son coming  within  the  provisions  of  subdivision  fourteen  of  section  one  or  of  section 
fifteen,  if  there  be  no  parent  residir.g  within  the  state  or  if  his  place  of  residence  be 


ill 


1365  JVVEJVILE:   court.  Act  2341,  §§  3a-4b 

not  known  to  said  petitioner,  then  the  name  and  residence,  if  known  to  said  petitioner, 
of  some  relative  of  said  person,  residing  within  said  county,  or  in  the  case  of  a  person 
coming  within  the  provisions  of  subdivision  fourteen  of  section  one  or  of  section  fifteen, 
then  the  name  of  some  relative  residing  within  said  state.  Either  the  judge  of  said 
court  or  the  clerk  thereof  may  set  the  time  for  the  hearing  of  said  petition. 

No  filing  fee. 

4  3a.  There  shall  be  no  fee  for  filing  such  petition  mentioned  in  the  foregoing  section. 
Nor  shall  any  fees  be  charged  by  any  officer  for  his  services  in  filing,  or  serving  papers, 
nor  for  the  performance  of  any  duty  enjoined  upon  him  by  this  act,  except  where  the 
sheriff  transports  a  person  to  a  state  institution. 

Probation  officer  notified. 

§  3b.  It  shall  be  the  duty  of  the  clerk  of  any  court  before  which  any  person  alleged 
to  come  within  the  provisions  of  sections  one  or  fifteen  of  this  act  is  brought,  to  notify 
the  probation  officer  of  the  county  thereof  immediately  upon  the  filing  of  the  petition. 

Citation  to  appear, 

$  4.  Upon  the  filing  of  the  petition  provided  for  in  section  three  hereof,  a  citation 
shall  issue,  requiring  the  person  or  persons  having  the  custody  or  control  of  the  person 
alleged  to  come  within  the  provisions  of  any  of  subdivisions  one  to  thirteen  inclusive  of 
section  one  of  this  act,  to  apear  with  said  person  so  alleged  at  the  time  and  place  stated 
in  the  citation.  Service  of  said  citation  must  be  made  at  least  twenty-four  hours  before 
the  time  stated  therein  for  such  appearance.  The  parents  or  guardian  of  said  person 
so  alleged,  if  residing  within  the  county  in  which  the  court  sits,  and  if  their  places  of 
residence  be  known  to  the  petitioner,  or  if  there  be  neither  parents  nor  guardian  so 
residing,  or  if  their  places  of  residence  be  not  known  to  the  petitioner,  then  some 
relative  of  said  person  so  alleged,  if  any  there  be  residing  within  said  county,  and  if 
his  residence  and  relationship  to  said  person  so  alleged  be  known  to  the  petitioner, 
shall  be  notified  of  the  proceeding  by  service  of  citation  requiring  him  or  them  to  appear 
at  the  time  and  place  stated  in  said  citation.  Service  of  citation  may  be  waived  by 
any  person  by  a  voluntary  appearance  entered  in  the  minutes  of  the  court  or  by  a 
written  waiver  of  service  of  citation  filed  with  the  clerk  of  the  court  at  or  prior  to 
the  hearing.  In  any  case,  the  judge  presiding  in  the  juvenile  court  may  appoint  some 
suitable  person  to  act  in  behalf  of  said  person  so  alleged,  and  may  order  such  further 
notice  of  the  proceedings  to  be  given  as  he  may  deem  proper. 

Failure  to  appear. 

§  4a.  If  any  person  cited,  as  herein  provided,  shall  fail,  without  reasonable  excuse, 
to  appear  and  abide  by  the  order  of  the  court  or  to  bring  said  person  so  alleged,  if  so 
required  in  the  citation,  such  failure  shall  constitute  a  contemi)t  of  said  court,  and 
may  be  punished  as  provided  for  in  other  cases  of  contempt  of  court. 

When  citation  cannot  be  served. 

§  4b.  In  case  such  citation  cannot  be  served,  or  the  party  served  fails  to  obey  the 
same,  or  in  any  case  in  which  it  shall  be  made  to  appear  to  the  court  that  said  citation 
will  probably  be  ineffective,  a  warrant  of  arrest  shall  issue  on  the  order  of  the  court, 
either  against  the  parent  or  guardian,  or  the  person  having  the  custody  of  said  person 
so  alleged,  or  with  whom  the  said  person  so  alleged  may  be,  or  against  the  said  person 
so  alleged  himself,  or  any  or  all  said  persons;  or  if  there  be  no  person  to  be  served 
with  citation,  as  above  provided,  a  warrant  of  arrest  may  be  issued  immediately  against 
the  said  person  so  alleged.  On  the  return  of  the  citation  or  other  process,  or  as  soon 
thereafter  as  possible,  the  court  shall  proceed  to  hear  and  dispose  of  the  case  in  a 
summary  manner.     Until  the  final  disposition  of  any  case,  said  person  so  alleged  may 


Act  2341,8g4c-6«  GENERAL   LAWS.  1366 

be  retained  by  the  person  having  charge  of  said  person,  or  may  be  kept,  upon  the 
order  of  the  court,  in  some  suitable  place,  provided  by  the  county,  or  city  and  county, 
or  may  be  held  otherwise,  as  the  court  may  direct. 

Prosecution  under  general  law. 

$  4c.  If  upon  the  hearing,  or  at  any  time  thereafter,  said  court  shall  determine  that 
anv  person  alleged  to  come  within  the  provisions  of  subdivision  thirteen  of  section  one 
of  this  act,  is  not  a  fit  and  proper  subject  to  be  dealt  with  under  the  provisions  of  this 
act,  said  court  may  dismiss  the  petition  therein,  and  direct  that  said  person  be  prose- 
cuted under  the  general  law. 

Persons  under  eighteen. 

§  4d.  No  person  under  the  age  of  eighteen  years  at  the  time  of  the  commission  of  an 
alleged  offense  or  crime  shall  be  prosecuted  for  crime  until  the  matter  has  first  been  sub- 
mitted to  the  juvenile  court  by  petition  as  hereinbefore  provided,  or  by  certificate  of  the 
lower  court  as  hereinafter  provided. 

Order  is  not  conviction. 

§  5.  In  no  ease  shall  an  order  adjudging  a  person  to  be  a  ward  of  the  juvenile  court 
be  deemed  to  be  a  conviction  of  crime. 

Persons  under  eighteen  not  to  he  tried  before  justice,  etc. 

§  6.  Whenever  a  deposition  or  complaint  shall  be  filed  in  any  court  other  than  a 
superior  court,  charging  a  person  with  a  crime  and  it  shall  be  suggested  or  shall  appear 
to  the  judge,  justice  or  recorder  before  whom  such  person  is  brought  that  the  person 
charged  was  at  the  date  the  offense  is  alleged  to  have  been  committed  under  the  age  of 
eighteen  years,  said  judge,  justice  or  recorder,  shall  immediately  suspend  all  proceed- 
ings against  such  person  on  said  chai-ge  and  examine  into  the  age  of  such  person,  and  if 
from  such  examination,  it  shall  appear  to  the  satisfaction  of  said  judge,  justice  or 
recorder,  that  such  person  was  at  the  date  the  offense  is  alleged  to  have  been  committed 
under  the  age  of  eighteen  years,  he  shall  forthwith  certify  to  the  juvenile  court  of  his 
county  (a)  that  said  person  (naming  him)  is  charged  with  such  crime  (briefly  stating 
its  nature) ;  (b)  that  said  person  appears  to  be  under  the  age  of  eighteen  years,  giving 
date  of  birth  when  known,  and  (c)  that  proceedings  have  been  suspended  against  such 
person  on  such  charge  by  reason  of  his  age,  with  the  date  of  such  suspension ;  and  im- 
mediately thereupon  all  proceedings  against  the  said  person  on  said  charge  shall  be  sus- 
pended until  said  juvenile  court  shall  issue  its  mandate,  as  hereinafter  provided, 
directing  the  court  before  which  said  charge  was  made  to  proceed  with  the  examination 
into  or  trial  thereof,  and  the  court  so  suspending  its  proceedings  shall  forthwith  caust^ 
such  person  to  be  taken  before  the  juvenile  court  of  the  county  for  consideration  and 
proceedings  under  this  act.  To  such  certification  said  judge,  justice  or  recorder,  or  the 
clerk  of  said  court  shall  attach  a  certified  copy  of  said  original  deposition  or  complaint, 
and  when  such  person  shall  be  brought  before  the  judge  of  the  juvenile  court,  said 
judge  shall  direct  the  probation  officer  to  file  a  petition  as  provided  in  section  three  of 
this  act,  except  that  said  petition  need  not  be  verified;  and  said  probation  officer  shall 
forthwith  comply  with  such  directions.  Pending  such  hearing  said  judge  may  admit 
said  person  to  bail  or  otherwise  provide  for  his  temporary  custody  in  any  manner  pro- 
vided herein  for  the  care  of  a  ward  of  the  juvenile  court. 

If  juvenile  court  decides  person  was  over  eighteen.  In  case  of  persons  under  twenty-one. 
The  proceedings  thereafter  shall  be  the  same  as  in  the  case  of  a  verified  petition; 
provided,  however,  that  if  said  judge  of  the  juvenile  court  shall  after  such  investiga- 
tion decide  that  the  person  was  at  the  time  said  offense  was  alleged  to  have  been  com- 
mitted of  the  age  of  eighteen  years  or  more,  such  determination  shall  be  conclusive  and 


Jl 


1367  JLVKMLE   COLIIT.  Act  2341,  §  7 

he  shall  immediately  issue  his  mandate  directing  the  court  before  which  such  charge  is 
pending  to  proceed  therewith,  and  upon  receipt  of  such  mandate  said  court  shall  proceed 
with  the  examination  or  trial  of  said  charge  as  though  no  suspension  thereof  had  taken 
place;  except  that  if  said  judge  of  the  juvenile  court  shall  find  that  the  person  so 
charged  is  under  the  age  of  twenty-one  years,  and  a  fit  subject  for  consideration  under 
the  provisions  of  this  act,  he  may  make  such  order  or  orders  hereunder  as  he  may  deem 
best  in  relation  to  such  person;  but  if  such  judge  shall  at  any  time  conclude  that  such 
person  is  not  a  fit  subject  for  further  consideration  under  this  act,  he  may  sit  as  a  com- 
mitting magistrate  and  hold  a  preliminary  examination  if  such  person  is  charged  with  a 
felony,  or  he  may  remand  such  person  to  the  court  in  which  said  person  is  charged  with 
said  offense  for  further  proceedings  on  said  charge,  and  upon  receipt  of  the  mandate  of 
said  juvenile  court,  or  the  judge  thereof,  the  court  before  which  said  charge  is  then 
pending  shall  be  vested  with  full  authority  to  proceed  with  the  examination  or  trial 
thereof. 

Statutes  of  limitations  suspended. 

All  statutes  of  limitations  relating  to  the  charge  so  pending  against  such  person  shall 
be  suspended  as  to  said  person  and  charge  from  the  issuance  by  said  judge,  justice  or 
recorder  of  his  certificate  hereinbefore  provided  for  until  said  juvenile  court,  or  judge 
thereof,  shall  issue  its  mandate  remanding  such  person  for  further  proceedings  as 
aforesaid;  and  all  statutes  of  limitation  relating  to  any  charge,  made  in  any  court, 
against  any  person  under  the  age  of  tAventy-one  years,  shall  be  suspended  as  to  such 
charge  and  person  whenever,  and  as  long  as,  such  person  is  before  the  juvenile  court  for 
consideration  under  the  provisions  of  this  act,  or  is  detained  by  virtue  of  any  commit- 
ment issued  hereunder  and  uni-evoked;  but  if  said  person  shall  be  discharged  by  the 
juvenile  court  as  reformed,  such  order  of  discharge  shall  constitute  a  bar  to  any  further 
proceedings  in  any  court  against  said  person  upon  said  charge. 

Persons  under  twenty-one  charged  with  felony. 

$  7.  Whenever  any  person  over  the  age  of  eighteen  years  and  under  the  age  of 
twenty-one  years  is  accused  of  a  felony  or  misdemeanor  by  indictment  or  information 
therefor  in  the  superior  court  of  the  county,  wherein  the  crime  was  committed,  the 
judge  may  in  his  discretion,  with  the  consent  of  the  accused,  or  upon  his  request,  arrest 
said  proceeding  at  the  time  of  an-aignment  or  at  any  time  previous  to  the  impanelment 
of  a  jury,  except  where  the  crime  charged  is  a  capital  offense,  or  any  attempt  to  commit 
a  capital  offense,  and  may  proceed  to  investigate  the  charge  against  the  defendant,  and 
all  the  facts  and  circumstances  necessary  to  determine  the  proper  disposition  to  be 
made  of  said  person,  and  shall  determine  whether  such  person  shall  be  dealt  with  as  a 
ward  of  the  juvenile  court  under  the  provisions  of  this  act.  If  the  court  is  satisfied 
upon  such  investigation  that  said  person  should  be  declared  a  ward  of  the  juvenile  court 
and  should  be  dealt  with  under  this  act,  it  may  make  such  order  or  orders  as  herein 
provided  for  the  disposition  of  such  wards.  If  such  person  thereafter  proves  not  to  be 
amenable  to  the  discipline  of  the  state  school  to  which  he  may  be  committed,  and  the 
trustees  thereof  shall  determine  that  said  person  should  be  committed  to  a  state  peni- 
tentiary, such  person  shall  be  returned  to  the  committing  court,  and  thereafter  pro- 
ceedings shall  be  had  upon  the  indictment  or  information  commencing  at  the  point  at 
which  proceedings  were  arrested;  and  said  person  shall  be  tried  for  the  offense  alleged 
in  the  information,  and  if  convicted  shall  be  sent  to  the  penitentiary  for  such  time  as 
the  court  may  determine  or  otherwise  dealt  with  in  accordance  with  the  law  for  dealing 
with  persons  convicted  of  a  felony.  If  no  request  is  made  by  the  defendant  for  pro- 
ceedings under  this  statute,  or  if  the  defendant  desires  trial  by  jury,  or  if  the  judge 
declines  to  consent  to  the  a^jplication  of  the  defendant  for  proceedings  under  this  stat- 


\ 


Alt  23-11,0  8  GENERAL   LAWS.  136.S 

ute,  said  cause  shall  proceed  in  the  ordinary  manner  up  to  the  verdict  of  guilty  or  not 

guilty,  as  the  case  may  be. 

May  be  committed  to  state  schools.    If  person  proves  incorrigible. 

If  said  person  is  convicted,  the  court  may  thereafter  receive  such  evidence  as  may  be 
oflfered,  touching  the  question  as  to  whether  or  not  said  person  should  be  dealt  with  as 
a  ward  of  the  juvenile  court  in  the  manner  hereinbefore  provided  in  the  case  of  the 
application  and  consent  of  the  accused  before  trial,  and  may  make  such  order  of  proba- 
tion or  commitment  to  said  state  schools,  and  may  from  time  to  time  modify  said  pro- 
bation orders,  as  is  herein  provided  in  the  case  of  persons  adjudged  wards  of  the  juvenile 
court.  If  such  person  during  the  period  of  his  commitment  to  said  state  institution, 
l)roves  to  be  incorrigible  or  not  amenable  to  the  discipline  of  such  institution,  and  it 
shall  be  deemed  advisable  in  the  judgment  of  the  trustees  of  such  institution  that  said 
jierson  be  sent  to  a  state  prison,  then  said  person  shall  be  returned  to  the  superior  court 
in  which  the  verdict  was  rendered,  for  sentence,  and  thereupon  the  court  shall  pronounce 
judgment. 
Period  of  commitment  and  place.    Preston  and  Whittier. 

i  8.  When  any  person  alleged  to  come  within  the  provisions  of  any  of  subdivisions 
one  to  thirteen  inclusive  of  section  one  of  this  act  shall  be  adjudged  by  said  court  or 
judge  to  come  within  the  terms  of  any  of  said  subdivisions,  and  adjudged  to  be  a  ward 
of  the  juvenile  court,  the  court  may  make  an  order  commiting  said  person  for  such  time 
as  the  court  may  deem  fit,  but  not  beyond  the  time  when  such  ward  of  the  juvenile  court 
shall  reach  the  age  of  twenty-one  years,  either  (a)  to  the  home  and  care  of  some  repu- 
table person  of  good  moral  character,  or  (b)  to  the  care  of  some  association,  society  or 
corporation  embracing  within  its  objects  the  purpose  of  caring  for  or  obtaining  homes 
for  such  persons,  willing  and  able  to  receive  and  care  for  said  ward,  or  (c)  to  thp  care 
of  the  probation  officer,  to  be  boarded  out  or  placed  in  some  suitable  family  home,  in 
case  provision  is  made  by  voluntary  contribution,  or  otherwise,  for  the  payment  of  the 
l)oard  of  said  ward  until  suitable  provision  may  be  made  for  said  ward  in  a  home  with- 
out such  payment,  said  ward  to  be  subject  to  the  supervision  of  the  probation  officer  and 
the  further  order  of  the  court;  or  (d)  on  probation  to  the  care  of  the  probation  officer, 
.said  ward  to  remain  in  the  home  of  said  ward,  or  in  any  other  fit  home  in  which  the 
court  may  order  the  probation  officer  to  place  said  ward,  subject  to  the  visitation  of 
the  probation  officer,  said  ward  to  report  to  the  probation  officer  as  often  as  may  be 
required,  and  to  be  subject  to  be  returned  to  the  court  for  further  proceedings  when- 
ever such  action  may  appear  necessary  or  desirable;  or  (e)  the  court  may,  if  said  ward 
of  the  juvenile  court  be  a  boy,  commit  him  to  the  Preston  School  of  Industry,  or  to  the 
Whittier  State  School,  during  his  minority;  provided,  that  no  boy  under  the  age  of 
sixteen  years  shall  be  committed  to  the  Preston  School  of  Industry,  nor  any  boy  over 
the  age  of  sixteen  years  to  the  Whittier  State  School,  or  if  a  girl,  commit  her  to  the 
California  School  for  Girls,  until  twenty-one  years  of  age;  or  may  commit  such  person 
to  any  other  state  or  county  institution  that  is  now  established  or  may  hereafter  be 
established  for  the  purpose  of  caring  for  and  training  persons  that  come  within  the 
provision  of  this  act;  provided,  however,  that  before  conveying  any  such  person  to  any 
such  institution  it  shall  be  ascertained  from  the  superintendent  thereof  whether  such 
person  can  be  received;  provided,  however,  that  such  commitment  under  this  act  to 
either  the  Preston  School  of  Industry  or  the  Whittier  State  School  shall  permit  the 
transfer  of  any  such  boy  from  one  institution  to  the  other  upon  the  agreement  thereto 
by  the  superintendents  of  such  institutions. 

Court  may  admonish  and  dismiss. 

When  any  person  alleged  to  come  within  the  provisions  of  any  of  subdivisions  one  t*? 
thirteen  inclusive  of  section  one  of  this  act  sliall  be  found  by  said  court  to  come  within 


1368  JUVENILE   COURT.  Act  2341.  §§  9-9b 

said  provisions,  said  court  may  at  its  discretion  admonish  said  person  and  dismiss  said 
petition. 

Wards  under  eight  or  having  contagious  disease. 

No  ward  who  is  under  the  age  of  eight  years  and  no  ward  who  is  suffering  from  any 
contagious,  infectious,  or  other  disease  which  would  probably  endanger  the  lives  or 
health  of  the  other  inmates  of  said  state  schools  shall  be  committed  thereto.  No  per- 
son under  the  age  of  fourteen  years  at  the  time  of  the  commission  of  any  offense  with 
which  he  may  be  charged  shall  ever  be  sent  to  a  state  prison  unless  he  has  first  been 
committed  to  the  Whittier  State  School,  or  the  Preston  School  of  Industry,  and  has 
there  proved  to  be  incorrigible  or  not  amenable  to  the  discipline  of  said  school.  No  ward 
shall  be  committed  to  said  state  schools  unless  the  judge  of  said  court  shall  be  fully 
satisfied  that  the  mental  and  phj-sical  condition  and  qualifications  of  said  ward  are  such 
as  to  render  it  probable  that  such  ward  will  be  benefited  by  the  reformatory  educational 
discipline  of  such  schools. 

History  of  ward. 

Accompanying  the  commitment  papers,  the  court  must  send  to  the  superintendent  of 
the  state  institution  to  which  said  person  is  conamitted  a  summary  of  all  the  facts  in 
the  possession  of  the  court,  covering  the  history  of  the  ward  committed,  including  a 
statement  of  the  mental  and  physical  condition  of  said  ward. 

[Order  may  be  modified.]    Parole  system  not  affected. 

§  9.  Any  order  made  by  the  court  in  case  of  any  person  subject  to  the  jurisdiction 
of  the  court  under  the  provisions  of  any  of  subdivisions  one  to  thirteen  inclusive  of 
section  one  of  this  act  may  at  any  time  be  changed,  modified  or  set  aside  as  to  the  judge 
may  seem  meet  and  proper;  provided,  however,  that  nothing  in  this  act  contained  shall 
be  deemed  to  interfere  with  the  system  of  parole  and  discharge  that  is  now  or  may  here- 
after be  provided  by  law,  or  by  rule  of  the  board  of  trustees  of  the  Whittier  State  School, 
the  Preston  School  of  Industry  or  the  California  School  for  Girls,  or  any  similar  state 
institution  or  institutions,  respectively,  for  the  parole  and  discharge  of  wards  of  the 
juvenile  court  committed  to  the  said  schools  or  to  any  similar  state  institutions  here- 
after created,  or  with  the  management  of  the  said  schools,  save  that  the  court  commit- 
ting a  ward  to  any  of  said  schools  may  thereafter  change,  modify  or  set  aside  said  order 
of  commitment  upon  ten  days'  notice  of  the  hearing  of  the  application  therefor  being 
served  by  United  States  mail  upon  the  superintendent  of  the  said  school  to  which  said 
person  has  previously  been  committed,  and  providing  that  the  court  shall  not  then 
change,  modify  or  set  aside  said  order  without  due  consideration  of  the  effect  thereof 
upon  the  discipline  and  parole  system  of  said  school  or  institution. 

Notice  to  probation  ofiicer. 

$  9a.  No  order  of  court  or  modification  thereof  shall  be  made  in  any  juvenile  court 
proceedings  concerning  any  ward  of  the  juvenile  court  either  in  chambers,  or  otherwise, 
without  notice  of  the  application  therefor  having  first  been  given  by  the  judge  or  the 
clerk  of  said  court  to  the  probation  officer. 

Taking  ward  from  parent. 

§  9b.  No  ward  of  the  juvenile  court  as  defined  in  this  act  shall  be  taken  from  the- 
custody  of  his  parent  or  legal  guardian,  without  the  consent  of  such  parent  or  guardian 
unless  the  court  shall  find  such  parent  or  guardian  to  be  incapable  of  providing  or  to 
have  failed  or  neglected  to  provide  proper  maintenance,  training  and  education  for  said 
person;  or  unless  said  person  has  been  tried  on  probation  in  said  custody  and  has  failed 
to  reform,  or  unless  said  person  has  been  convicted  of  crime  by  a  jury,  or  unless  the 
court  shall  find  that  the  welfare  of  said  person  requires  that  his  custody  be  taken  from 
said  parent  or  guardian. 


Act  2341,  eS  10,  11  GENERAL   LAWS.  1370 

Incorrigible  person  returned  to  court. 

$  10.  Should  it  develop,  either  at  the  time  of  their  presentation,  or  after  having 
become  an  inmate  thereof,  that  any  person,  who  has  been  committed  to  either  of  such 
institutions  is  an  improper  person  to  be  there  retained  or  so  incorrigible  or  so  incapable 
of  reformation  under  the  discipline  of  the  school  to  which  such  person  may  be  com- 
mitted as  to  render  his  or  her  retention  detrimental  to  the  interests  of  the  school,  the 
superintendent  may,  with  the  approval  of  the  board  of  trustees  of  such  institution, 
return  such  person  to  the  committing  court.  And  in  the  event  of  such  return,  the  trans- 
portation of  such  person  shall  be  made  in  the  same  manner,  and  the  compensation  there- 
for, if  any,  shall  be  paid  as  is  provided  for  in  the  execution  of  an  order  of  commitment 
to  such  institution. 

Judge  to  sit  as  committing  magistrate. 

When  any  ward  of  the  juvenile  court  under  subdivision  thirteen  of  section  one  of  this 
act  shall  have  been  accused  of  a  felony  and  no  indictment  or  information  shall  have 
been  filed,  and  said  ward  shall  have  been  committed  to  either  of  said  schools  and  shall 
there  prove  to  be  incoiTigible  or  not  amenable  to  the  discipline  of  the  said  school,  and 
shall  be  returned  to  the  custody  of  the  juvenile  court,  which  in  such  case  the  trustees  of 
said  school  are  hereby  authorized  to  do,  it  shall  be  the  duty  of  the  judge  of  said  court 
to  sit  as  a  committing  magistrate  and  hold  the  preliminary  examination  of  such  person, 
and  if  upon  said  hearing  he  shall  detennine  that  there  is  probable  cause  to  believe  that 
the  said  person  has  committed  the  offense  charged  in  the  petition  theretofore  tiled  in 
said  court,  he  shall  hold  such  person  to  answer  to  the  superior  court,  and  thereupon  the 
usual  proceedings  shall  be  had  for  the  trial  of  said  case  in  the  superior  court  after  the 
tiling  of  the  information  in  pursuance  to  said  order  of  said  judge  sitting  as  a  commit- 
ting magistrate,  and  said  person  shall  be  tried  by  court  and  jury  in  the  usual  manner 
for  the  trial  of  a  felony. 

Support  of  ward. 

§  11.  Any  order  providing  for  the  care  and  custody  of  a  ward  of  the  juvenile  court 
may  provide  that  the  expense  of  support  and  maintenance  of  said  ward  shall  be  paid 
by  the  parent,  parents,  guardian  of  said  ward  or  other  person  liable  therefor,  after 
citation  thereto,  or  from  the  earnings,  property  or  estate  of  said  ward,  and  in  such  case 
shall  state  the  amount  to  be  so  paid.  If  it  is  found,  however,  that  the  parent,  parents, 
guardian  of  said  ward,  or  other  person  liable  therefor,  are  unable  to  pay  or  that  the 
earnings,  property,  or  estate,  of  said  ward  is  insufficient  to  pay  the  whole  expense  of 
support  and  maintenance  of  said  ward,  the  court  may  direct  such  additional  amount  as 
may  be  necessary  for  the  maintenance  and  support  of  said  ward  to  be  paid  from  the 
county  treasury  of  the  county  for  the  support  and  maintenance  of  said  ward,  the  amount 
so  ordered  to  be  paid  from  the  treasury  of  said  county  not  to  exceed,  in  the  case  of  any 
one  ward,  the  sum  of  twenty  dollars  in  any  one  month.  No  order  for  payment  shall  be 
made  in  a  sum  in  excess  of  the  actual  cost  of  supporting  and  maintaining  said  ward. 
No  order  for  the  payment  of  all  or  part  of  the  expense  of  support  and  maintenance  of 
a  ward  of  the  juvenile  court  from  the  county  treasury  shall  be  effective  for  more  than 
six  months,  and  upon  said  original  and  all  subsequent  hearings  the  case  shall  be  con- 
tinued on  the  calendar,  but  in  no  instance  to  exceed  six  months. 

Paid  to  probation  oficer. 

The  judge  of  the  juvenile  court  may  provide  that  the  amount,  or  any  part  of  the 
amount,  so  paid  by  parents,  parent,  guardian  or  other  person  liable  therefor  or  from  the 
earnings,  property  or  estate  of  said  ward,  shall  be  paid  to  the  probation  officer,  to  be 
by  him  paid  as  the  court  shall  direct,  first,  to  reimburse  the  person,  association  or  insti- 
tution that  under  court  order  is  caring  for  and  maintainins;  said  ward  and  after  such 


1371  JUVENILE    COURT.  Act  2341,  §§  12-14 

reimbursement  to  reimburse  the  county.  For  such  purpose  said  probation  officer  shall 
keep  suitable  books  and  accounts  and  shall  give  and  keep  suitable  receipts  and  vouchers, 
and  if  such  funds  shall  be  by  said  probation  officer  kept  in  a  bank,  said  bank  shall  be 
designated  by  the  judge  of  said  court.  The  auditor  of  said  county  annually  in  the  month 
of  January  shall  audit  such  books  and  accounts  and  shall  make  a  report  thereon  to  the 
judge  of  said  court  and  to  the  supervisors  of  such  county  prior  to  the  thirty-first  day 
of  said  month  of  January. 

Extent  of  parents'  control. 

In  all  cases  the  court  may  determine  whether  or  not  the  parent,  parents,  or  gimrdian 
shall  exercise  any  control  of  said  ward  and  shall  define  the  extent  thereof.  Any  dis- 
obedience or  interference  with  the  custody  and  control  of  said  ward  shall  constitute  a 
contempt  of  court. 

Duty  of  probation  officer. 

It  shall  be  the  duty  of  the  probation  officer  to  see  that  such  parent,  guardian,  or 
other  person  liable  therefor,  comply  with  such  orders,  or  upon  three  months  failure  to 
make  such  payment  to  report  such  failure  to  said  court.  The  court  may  thereafter  set 
aside,  change  or  modify  any  order  herein  provided  for.  [Amendment  of  May  9,  1919. 
In  effect  July  22,  1919.     Stats.  1919,  p.  476.] 

Jurisdiction  retained  until  ward  is  twenty-one. 

§  12.  The  court  shall  retain  the  jurisdiction  of  any  person  who  is  found  to  be  a  ward 
of  the  juvenile  court  until  such  ward  attains  his  majority,  or  if  a  girl,  until  she  attains 
the  age  of  twenty-one  years,  unless  she  is  married  with  the  consent  of  the  court  entered 
upon  the  minutes  of  the  eoiu't,  or  until  said  court  is  satisfied  that  said  ward  has  fully 
reformed  or  that  further  direction  and  supervision  under  the  provisions  of  this  act  are 
unnecessary  or  inadvisable  for  said  ward's  reformation. 

Transfer  of  juvenile  court  cases.    Order  of  transfer. 

§  13.  Whenever  a  petition  has  been  filed  in  the  juvenile  court  of  a  county  other  than 
that  of  the  residence  of  a  person  coming  within  any  of  the  provisions  of  this  act,  or 
whenever,  subsequent  to  the  filing  of  a  petition  in  the  juvenile  court  of  the  county  where 
said  person  resides,  the  residence  of  said  person  is  changed  to  another  county,  the  entire 
case  may  be  transferred  at  any  time  to  the  juvenile  court  of  the  county  wherein  said 
person  then  resides,  and  such  court  must  take  jurisdiction  of  the  case  upon  the  filing 
with  it  of  such  order.  The  expense  of  the  transfer  of  said  person  shall  be  borne  by  the 
parent,  parents,  or  guardian  of  the  person  so  transferred  or  shall  be  paid  out  of  the 
earnings,  property,  or  estate  of  said  person,  or  if  the  parent,  parents  or  guardian  are 
unable  to  pay  the  same  or  if  the  earnings,  property  or  estate  of  said  person  is  insuffi- 
cient to  pay  the  same  the  court  shall  order  the  same  to  be  paid  from  the  county  treasury 
of  the  county  ordering  the  transfer.  Whenever  a  case  shall  be  transferred  thereunder, 
the  order  of  transfer  shall  recite  (a)  each  and  all  the  findings,  orders  or  modification 
of  orders  that  may  have  been  made  in  said  case,  and  (b)  that  said  person  resides  in  or 
has  removed  to  the  county  to  which  said  matter  has  been  transferred  and  (c)  to  said 
order  of  transfer  shall  be  attached  a  certified  copy  of  the  original  petition  in  said 
matter.  Such  transfer  shall  be  accompanied  by  a  summary  of  all  the  facts  in  the  pos- 
session of  the  court  or  probation  officer  covering  the  history  of  said  pei'son.  [Amend- 
ment of  May  18,  1919.     In  effect  July  22,  1919.     Stats.  1919,  p.  755.] 

Detention  pending  hearing.    No  commitment  to  jail. 

§  14.  In  the  case  of  a  person  alleged  to  come  within  the  provisions  of  section  one  of 
this  act,  the  juvenile  court,  pending  the  hearing,  at  any  time  before  the  person  is 
adjudged  a  ward  or  otherwise  disposed  of,  may  order  that  said  person  be  detained  in 


Act  .ii^il,  §8  15.  15a  GENERAL   I>AWS.  1372 

any  detention  home  provided  for  that  purpose  by  any  county,  or  said  person  may  other- 
wise be  temporarily  provided  for  as  to  the  court  may  seem  fit,  in  any  manner  provided 
herein  for  the  care  of  a  ward  of  the  juvenile  court;  provided,  further,  that  should  the 
K'O'islative  body  of  the  county  provide  a  suitable  place  for  the  detention  of  wards  of 
the  juvenile  court,  such  wards  may  be  committed  thereto  for  a  definite  period  to  be 
specified  in  such  order,  at  the  end  of  which  time  such  wards  shall  be  brought  before  the 
court  for  further  order  of  court.  The  court  may  thereafter  set  aside,  change  or  modify 
said  order  and  provide  for  a  further  detention  in  said  place.  No  court,  judge,  magis- 
trate or  peace  ofiBcer  shall  commit  a  person  under  sixteen  years  of  age  to  any  jail  or 
prison,  before  trial  and  conviction,  or  detain  such  person  therein,  but  if  any  such  person 
is  not  released  pending  such  hearing,  he  may  be  committed  to  the  care  and  custody  of  a 
sheriff,  constable  or  other  peace  officer,  who  shall  keep  such  person  in  a  detention  home 
or  some  other  suitable  place  outside  of  the  enclosure  of  any  jail  or  prison,  as  the  court 
may  direct.  When  any  person  under  sixteen  years  of  age  shall  be  sentenced  to  con- 
finement in  any  institution  to  which  adult  convicts  or  prisoners  are  sentenced  or  con- 
fined it  shall  be  unlawful  to  confine  such  person  in  the  same  room,  yard  or  enclosure 
with  such  adult  convicts  or  prisoners,  or  to  permit  such  person  to  come  or  remain  in 
contact  with  such  adult  convicts  or  prisoners. 

Persons  free  from  parents'  control. 

§  15.  Within  the  meaning  of  this  act  the  words  "persons  who  should  be  declared 
freed  from  the  custody  and  control  of  his  parents ' '  shall  include  any  person : 

1.  Who  has  been  left  in  the  care  and  custody  of  another  by  his  parent  or  parents 
without  any  provision  for  his  support,  or  without  communication  from  such  parent  or 
pai-ents,  for  the  period  of  one  year  with  the  intent  to  abandon  said  person;  such  failure 
to  provide,  or  such  failure  to  communicate  for  the  period  of  one  year  shall  be  presump- 
tive evidence  of  the  intent  to  abandon;  such  person  shall  be  deemed  and  called  an  aban- 
doned person ;  or 

2.  Who  has  been  cruelly  treated  or  neglected  by  his  parent  or  parents;  provided,  that 
in  either  instance,  said  person  shall  have  been  a  ward  of  the  juvenile  court  and  the 
parents  deprived  of  his  custody  because  of  such  cruel  treatment  or  neglect  for  the  period 
of  one  year  continuously  immediately  prior  to  the  filing  of  a  petition  praying  that  he  be 
declared  free  from  the  custody  and  control  of  his  parents;  or 

3.  Whose  parent  or  parents  are  habitually  intemperate;  provided,  that  said  person 
shall  have  been  a  ward  of  the  juvenile  court  and  the  parents  deprived  of  his  custody 
because  of  such  intemperance  for  the  period  of  one  year,  continuously  immediately 
prior  to  the  filing  of  a  petition  praying  tliat  he  be  declared  free  from  the  custody  and 
control  of  his  parents. 

• 

Citation  to  issue  upon  filing  of  petition. 

§  15a.  Upon  the  filing  of  a  petition,  as  provided  in  section  three  of  this  act,  alleging 
that  there  is  within  the  county  or  residing  therein  a  person  who  should  be  declared  free 
from  the  custody  and  control  of  his  parents,  as  defined  in  this  act,  and  praying  that  the 
superior  court  deal  with  said  person  as  provided  in  this  act,  a  citation  shall  issue, 
requiring  the  person  or  persons  having  the  custody  or  control  of  said  person  or  the 
person  or  persons  with  whom  said  person  may  be,  to  appear  with  said  person  at  a  time 
and  place  stated  in  the  citation.  Service  of  such  citation  must  be  made  at  least  ten  days 
before  the  time  stated  therein  for  such  appearance.  The  parent  or  parents  of  said  per- 
son, if  residing  within  the  state  of  California,  and  if  their  place  of  residence  be  known 
to  the  petitioner,  or,  if  there  be  no  parent  so  residing,  or  if  the  place  of  residence  of  such 
parent  or  parents  be  not  known  to  the  petitioner,  then  some  relative  of  said  person,  if 
any  there  be  residing  within  the  state,  and  if  his  residence  and  relationship  to  said 
p?rson  be  known  to  the  petitioner,  shall  be  notified  of  the  proceedings  by  service  of 


I 


1ST3  JUVENILE   CO L'RT.  Act  2341,  §§  15b-15C 

citation  requiring  him  or  them  to  appear  at  the  time  and  place  stated  in  such  citation. 
Service  of  such  citations  must  be  made  at  least  ten  days  before  the  time  stated  therein 
for  such  appearance. 

When  parents  reside  outside  of  state. 

§  15b.  If  the  parent  or  parents  of  said  person  reside  outside  of  the  state  of  Cali- 
fornia, or  if  their  places  of  residence  be  not  known  to  the  petitioner,  the  petitioner  or 
his  agent,  or  attorney,  shall  make  and  file  an  affidavit  wherein  there  shall  be  stated  the 
names  of  the  parent  or  parents  who  reside  outside  of  the  state  and  their  places  of  resi- 
dence, if  known  to  the  petitioner,  and  the  names  of  the  parent  or  parents  residing  in  or 
out  of  the  state  whose  places  of  residence  are  unknown  to  the  petitioner  and  thereupon 
the  judge  of  the  juvenile  court  shall  make  an  order  directing  a  citation  requiring  him 
or  them  to  appear  at  the  time  and  place  stated  in  such  citation,  to  be  served  upon  the 
parent  or  parents  residing  out  of  the  state  whose  places  of  residence  are  known  to  the 
petitioner  and  upon  the  parent  or  parents  residing  in  or  out  of  the  state  whose  places  of 
residence  are  unknown  to  the  petitioner  by  publication  in  some  newspaper  of  general 
circulation  printed  and  published  in  the  county  in  which  the  court  sits,  and  if  there  be 
no  such  paper  in  such  county,  then  in  some  adjoining  county  to  be  designated  by  the 
judge  of  the  juvenile  court,  which  publication  shall  be  once  a  week  for  four  suecessiv** 
weeks. 

Citation  mailed. 

5  15e.  Within  ten  days  after  the  making  of  said  order  a  copy  of  the  citation,  prop- 
erly  addressed  and  with  the  postage  thereon  fully  prepaid,  shall  be  mailed  to  the  parent 
or  parents  who  reside  outside  of  the  state  at  their  places  of  residence,  if  known  to  the 
petitioner. 

Service  of  citation. 

$  15d.  When  publication  is  ordered,  personal  service  of  a  copy  of  the  citation  out  of 
the  state  shall  be  equivalent  to  publication  and  deposit  in  the  post  office.  In  either  case, 
the  service  of  the  citation  shall  be  complete  upon  the  completion  of  the  publication  and 
the  time  stated  for  the  appearance  of  the  parent  or  parents  in  a  citation  so  served  shall 
be  not  less  than  thirty  days  after  the  completion  of  such  service. 

Failure  to  appear,  contempt. 

§  15e.  In  any  case  the  judge  of  the  juvenile  court  may  appoint  some  suitable  party 
to  act  in  behalf  of  said  person  and  may  order  such  further  notice  of  the  proceedings  to 
be  given  as  he  may  deem  proper.  If  any  party,  cited  as  herein  provided,  shall  fail  with- 
out reasonable  cause  to  appear  and  abide  by  the  order  of  the  court,  or  to  bring  said 
person  if  so  required  in  the  citation,  such  failure  shall  constitute  a  contempt  of  said 
court.  In  case  such  citation  can  not  be  served,  or  the  party  served  fails  without  reason- 
able cause  to  obey  the  same,  a  warrant  of  arrest  shall  issue  on  the  order  of  the  court, 
either  against  the  parent  or  the  custodian  of  said  person  or  with  whom  the  said  person 
may  be,  or  against  the  said  person  himself,  or  any  or  all  said  persons;  or  if  there  be  no 
party  to  be  served  with  citation  as  above  provided,  a  warrant  of  arrest  may  be  issued 
immediately  against  the  said  person. 

Hearing  of  case. 

$  15f.  On  the  return  of  the  citation  or  other  process,  or  as  soon  thereafter  as  may 
be,  the  court  shall  proceed  to  hear  and  disjDose  of  the  case,  after  full  and  careful  con- 
sideration of  all  the  evidence  presented  and  with  due  regard  to  the  legitimate  rights 
and  claims  of  the  parent  or  parents  of  said  person,  and  with  due  regard  to  any  and  all 
ties  of  blood  or  affection,  but  with  the  dominant  purpose  of  serving  the  best  interests 
of  said  person. 


Act  2341,  eS  15B-I7  GENERAL  LAWS.  1374 

Order  depriving  parent  of  control 

$  15g.  Whenever  the  procedure  laid  down  in  section  three  and  sections  fifteen  a, 
fifteen  b,  fifteen  c,  fifteen  d,  fifteen  e,  or  fifteen  f  has  been  followed,  the  juvenile  court 
shall  be  empowered  to  make  a  final  written  order  signed  by  the  judge  presiding  in  said 
court,  judicially  depriving  the  parents  of  the  custody  and  control  of  a  person  who  should 
be  declared  free  from  the  custody  and  control  of  his  parents;  provided,  that  nothing 
in  this  section  shall  be  construed  to  impair  the  right  of  the  court  to  make  orders  or  com- 
mitments under  any  other  section  of  this  act.  Any  final  order  made  and  entered  by  the 
court  under  the  provisions  of  this  section,  shall  be  conclusive  and  binding  upon  the 
person  declared  free  from  the  custody  and  control  of  his  parents,  upon  such  parents, 
and  upon  all  other  persons  who  have  been  served  with  citation  by  publication  or  other- 
wise as  herein  provided.  After  making  such  final  order,  the  court  shall  have  no  power 
to  set  aside,  change  or  modify  the  same;  provided,  that  nothing  in  this  section  shall  be 
construed  to  impair  the  right  of  appeal. 

Superior  court  known  as  "juvenile  court." 

§  IG.  The  superior  court  in  every  county  and  city  and  county  in  this  state  shall 
exercise  the  jurisdiction  conferred  by  this  act,  and  while  sitting  in  the  exercise  of  its 
said  jurisdiction  shall  be  known  and  refeiTed  to  as  the  "juvenile  court."  In  counties 
or  cities  and  counties  having  more  than  one  judge  of  the  superior  court,  the  judges  of 
such  court  shall  annually,  in  the  month  of  January,  designate  one  or  more  of  their 
number,  whose  duty  it  shall  be  to  hear  all  cases  coming  under  this  act;  provided,  that 
nothing  in  this  section  contained  shall  be  construed  in  conflict  with  article  VI,  sec- 
tion VI  of  the  constitution  of  the  state  of  California.  The  orders  and  findings,  if  any, 
of  the  superior  court  in  all  cases  coming  under  the  provisions  of  this  act,  shall  be 
entered  in  a  suitable  book  or  books  or  other  form  of  written  record,  to  be  kept  for  that 
purpose,  and  known  as  the  "juvenile  court  record,"  and  the  court,  when  acting  under 
this  act,  shall  be  called  the  "juvenile  court."  All  eases  coming  under  the  provisions 
of  this  act  shall  be  heard  at  a  special  or  separate  session  of  the  court,  and  no  other 
matter  shall  be  heard  at  such  session,  nor  shall  there  be  permitted  to  be  present  at  such 
session,  except  as  a  witness  in  said  matter,  any  person  on  trial  or  awaiting  trial,  or 
under  accusation  of  crime,  who  does  not  come  under  the  provisions  of  this  act. 

Private  hearing. 

$  16a.  Any  person  alleged  or  adjudged  to  come  within  any  of  subdivisions  1  to  13 
inclusive  of  section  1  of  this  act  shall  be  entitled  to  have  any  proceeding  concerning 
such  person,  heard  privately,  and  upon  the  request  of  said  person,  or  either  of  his  par- 
ents, or  guardian,  such  hearing  shall  be  had  privately  in  the  manner  provided  by  law 
for  private  hearings  at  preliminary  examinations. 

Probation  committee. 

$  17.  The  judge  of  the  superior  court  in  and  for  each  county,  or  city  and  county,  of 
the  state,  and  in  counties  where  there  is  more  than  one  judge  of  said  court,  the  judge  of 
the  superior  court  in  said  county  who  has  been  designated  the  judge  of  the  juvenile 
court  shall,  by  order  entered  in  the  minutes  of  the  court,  appoint  seven  citizens  of  good 
moral  character,  to  be  known  as  the  "probation  committee,"  and  shall  fill  all  vacancies 
occurring  in  such  committee.  The  clerk  of  said  court  shall  immediately  notify  each 
person  appointed  on  said  committee,  and  thereupon  said  person  shall  appear  before  the 
judge  of  the  said  court  and  qualify  by  taking  an  oath,  which  shall  be  entered  in  said 
juvenile  court  record,  to  perform  faithfully  the  duties  of  a  member  of  such  probation 
committee. 


1375  JUVENILE   COURT.  Act  2341.  §§  17a,  17b 

Term  of  office.    Vacancy.    Removal.    Meetings. 

$  17a.  The  members  of  such  probation  committee  shall  hold  office  for  four  years,  and 
until  their  successors  are  appointed  and  qualify ;  provided,  that  of  those  first  appointed, 
one  shall  hold  office  for  one  year,  two  for  two  years,  two  for  three  years,  and  two  for 
four  years,  the  terms  for  which  the  respective  members  shall  hold  office  to  be  deter- 
mined by  lot  as  soon  after  their  appointment  as  may  be.  When  any  vacancy  occurs  in 
any  probation  committee  by  expiration  of  the  term  of  office  of  any  member  thereof,  his 
successor  shall  be  appointed  to  hold  office  for  the  term  of  four  years ;  when  any  vacancy 
occurs  for  any  other  reason  the  appointee  shall  hold  office  for  the  unexpired  term  of  his 
predecessor.  Any  member  of  the  probation  committee  may  be  removed  for  cause  at  any 
time  by  an  affirmative  vote  of  four  members  of  said  committee  at  a  meeting  called  for 
the  special  purpose  of  considering  the  question  of  said  removal  and  the  subsequent 
written  approval  of  the  judge  of  the  juvenile  court  filed  with  the  clerk  of  the  juvenile 
court,  said  written  approval  to  be  filed  within  thirty  days  after  the  written  report  of 
said  committee  has  been  received  by  said  judge.  Written  notice  as  to  said  special  meet- 
ing shall  be  served  on  each  of  the  members  of  said  committee  at  least  ten  days  prior  to 
the  day  set  therefor  and  shall  specify  the  purpose  thereof. 

Examination  of  societies.    Annual  report.     Supervision  of  wards. 

§  17b.  The  juvenile  court,  or  the  judge  thereof,  may  at  any  time  and  upon  request 
of  the  county  board  of  supervisors  shall  require  said  probation  committee  or  the  proba- 
tion officer  to  examine  into  the  qualifications  and  management  of  any  society,  associa- 
tion or  corporation,  other  than  a  state  institution,  receiving,  or  applying  for,  any  ward 
of  the  juvenile  court  and  to  report  thereon  to  the  court ;  provided,  that  nothing  in  this 
section  shall  be  construed  as  giving  any  probation  officer  or  probation  committee  any 
power  to  enter  any  institution  without  the  consent  of  such  institution  but  in  the  event 
that  such  consent  is  refused,  commitments  thereto  shall  not  be  made.  It  shall  be  the 
duty  of  each  probation  committee  to  prepare  each  year  one  or  more  reports  in  writing 
on  the  qualifications  and  management  of  all  societies,  associations,  corporations  and 
institutions,  except  state  institutions,  applying  for  or  receiving  any  ward  of  the  juvenile 
court  from  the  com-ts  of  their  respective  counties,  and  in  such  report  said  committee 
may  make  such  suggestions  or  comments  as  to  them  may  seem  fit;  such  report  shall  be 
filed  for  the  information  of  said  court  with  the  clerk  of  the  juvenile  court  appointing 
such  committee.  The  probation  committee  shall  also  make  to  the  court  an  annual  report 
to  be  filed  as  a  public  document  prior  to  the  first  day  of  December,  copies  of  which  shall 
be  filed  with  the  county  board  of  supervisors  and  the  state  board  of  charities  and  cor- 
rections. It  shall  be  the  duty  of  the  probation  committee  to  exercise  a  friendly  super- 
vision and  visitation  over  the  wards  of  the  juvenile  court  when  so  directed  by  the  court, 
to  furnish  the  court  in  formation  and  assistance  whenever  required  upon  the  request 
of  the  court  and  from  timato  time,  to  advise  and  recommend  to  the  court  any  change  or 
modification  of  the  order  made  in  the  case  of  a  ward  of  the  juvenile  court  as  may  be 
for  the  best  interests  of  such  person.  Upon  request  of  the  judge  any  member  of  the 
probation  committee  shall  investigate  the  case  of  an  alleged  ward  of  the  juvenile  court 
coming  under  the  provisions  of  this  act,  and  render  a  report  thereon  to  the  judge. 

Control  of  detention  home. 

The  probation  committee  shall  also  have  the  control  and  management  of  the  internal 
affairs  of  any  detention  home  or  branch  detention  home  heretofore  or  hereafter  estab- 
lished by  the  county  board  of  supervisors;  and  it  shall  be  the  duty  of  said  board  of 
supervisors  to  provide  for  the  pajnnent  of  such  employees  as  may  be  needed  in  the 
efficient  management  of  such  detention  home  or  branch  detention  home  or  homes. 


Act  2341,  §8  17e,  18  GE3NERAL   LAWS.  137« 

Compensation. 

4  17c.  Members  of  the  probation  committee  shall  serve  without  compensation,  but 
shall  be  allowed  their  reasonable  traveling  expenses  as  approved  by  the  judge  of  the 
juvenile  court;  and  the  same  shall  be  a  charge  upon  the  county  in  which  the  court 
appointing  them  has  jurisdiction,  and  said  expenses  shall  be  paid  out  of  the  county 
treasury  upon  a  written  order  of  the  judge  of  the  juvenile  court  of  said  county  direct- 
ing the  county  auditor  to  draw  his  warrant  upon  the  county  treasurer  for  the  specified 
amount  of  such  expenses.  All  orders  by  the  juvenile  court  judge  upon  the  county  treas- 
ury shall  be  filed  in  duplicate  with  the  county  board  of  supervisors. 

Probation  offices  created.    Term  of  office.     Salaries.    Removal.    Bond. 

^  18.  The  offices  of  probation  officer  and  assistant  probation  officer  and  deputy  pro- 
bation officer  are  hereby  created.  The  probation  officers  and  assistant  probation  officers 
to  serve  hereunder  in  any  county  shall  be  nominated  by  the  probation  committee  in 
manner  as  the  judge  of  the  juvenile  court  in  the  respective  counties  shall  direct,  and  the 
appointment  of  such  probation  officers  and  assistant  probation  officers  shall  then  be 
made  by  the  judge  thereof.  The  term  of  office  of  the  probation  officers  and  assistant 
probation  officers  shall  be  two  years  from  the  date  of  their  said  appointments.  All  pro- 
bation officers  and  assistant  probation  officers  receiving  a  salary  of  seventy-five  dollars 
or  more  per  month  shall  devote  their  entire  time  and  attention  to  the  duties  of  their 
offices,  and  no  such  probation  officer  or  assistant  probation  officer,  while  holding  such 
office  and  receiving  salary  therefor,  shall  be  a  candidate  for  or  seek  the  nomination  for 
any  other  public  office  or  employment,  and  no  person  shall  be  appointed  to  and  receive 
the  salary  attached  to  such  office  of  either  probation  officer  or  assistant  probation  offi- 
cer who  is  a  sheriff  or  constable  or  is  related  to  the  judge  of  the  juvenile  court  or  to  a 
member  of  the  probation  committee  of  such  county,  by  consanguinity  or  affinity  within 
the  third  degree  computed  according  to  the  rules  of  law.  Such  probation  officers  and 
assistant  probation  officers  may  at  any  time  be  removed  by  the  judge  of  the  juvenile 
court  for  good  cause  shown;  provided,  that  the  judge  of  the  juvenile  court  may  at  any 
time  in  his  discretion  remove  any  such  probation  officer  or  assistant  probation  officer 
with  the  written  approval  of  a  majority  of  the  probation  committee.  Every  probation 
officer  and  every  assistant  probation  officer  receiving  an  official  salary  shall,  at  the  time 
that  he  files  his  oath  of  office,  file  with  the  county  clerk  of  the  county  his  official  bond 
approved  by  the  judge  of  the  juvenile  court.  The  judge  of  the  juvenile  court  shall  have 
authority  by  an  order  entered  in  the  minutes  of  said  court  to  determine  and  fix  the 
amount  of  bonds  of  the  probation  officer  of  the  county  and  of  his  assistants.  If  said 
bonds,  or  any  of  them,  are  furnished  by  any  surety  company  licensed  to  transact  busi- 
ness in  the  state  of  California,  the  premium  thereon  shall  be  paid  out  of  the  county 
treasury. 

Officer  in  each  county;  deputies. 

There  shall  be  appointed,  as  herein  provided,  a  probation  officer  in  every  county,  and 
he  may  appoint  as  many  deputies  as  he  may  desire;  provided,  however,  that  such  depu- 
ties shall  not  have  authority  to  act  until  their  appointment  shall  have  been  approved  by 
a  majority  vote  of  the  members  of  the  probation  committee,  and  by  the  judge  of  the 
juvenile  court.  The  term  of  office  of  such  deputies  shall  expire  with  the  term  of  the 
probation  officer  making  such  appointment,  but  the  probation  officer  with  the  written 
approval  of  the  majority  of  the  members  of  the  probation  committee  and  of  the  judge 
of  the  juvenile  court,  may,  at  any  time  in  his  discretion  revoke  and  terminate  such 
appointment.  Such  deputies,  except  as  hereinafter  provided,  shall  serve  without  com- 
pensation; provided,  however,  that  in  counties  having  charters  providing  a  method  of 
appointment  and  tenure  of  office  for  probation  officers  and  members  of  the  probation 
committee,  such  charter  provision  shall  control  as  to  such  matters,  and  boards  of  super- 


,1 


1377  JUVENILE   COURT.  Act  2341,  §§  19-lOc 

visors,  if  thereto  authorized  thereby  may  increase  or  decrease  the  niimber  of  assistants 
and  deputies  and  the  salary  of  the  probation  officer  and  such  assistants,  deputies  and 
clerks. 

Referees  in  counties  of  first  class. 

§  19.  In  counties  of  the  first  class  the  judge  of  the  juvenile  court,  may  appoint 
referees  in  juvenile  court  matters.  Said  referees  shall  have  the  usual  power  of  referees 
in  chancery  eases  in  all  such  cases  submitted  to  them  by  the  court;  shall  hear  the  testi- 
mony of  witnesses  and  certify  to  the  judge  of  the  juvenile  court  their  findings  upon  the 
case  submitted  to  them,  together  with  their  recommendation  as  to  the  judgment  or  order 
to  be  made  in  the  case  in  question. 

The  court,  after  notice  of  the  presentation  of  such  findings  and  recommendation,  to 
the  parents  of  such  person,  may  make  the  order  recommended  by  the  referee,  or  any 
other  order  in  the  judgment  of  the  court  required  by  the  findings  of  the  referee,  or  may 
hear  additional  testimony,  or  may  set  aside  said  findings  and  hear  the  case  anew. 

Female  referees. 

In  appointing  a  referee  for  the  trial  of  females,  a  female  referee  shall  be  appointed 
where  possible.  Such  referee  shall  serve  without  compensation  save  that  in  counties  of 
the  first  class  having  charters,  the  boards  of  supervisors  shall  fix  the  compensation  for 
at  least  two  such  referees.  Where  a  ease  has  been  submitted  to  a  referee,  as  herein 
provided,  without  any  previous  order  for  temporary  custody  having  been  made,  the 
referee  shall  from  time  to  time,  recommend  to  the  court  such  order  or  orders  for  tem- 
porary' custody  as  may  seem  necessary.  Thereupon  such  order  shall  be  made  unless  the 
court  shall  determine  otherwise. 

Officers  in  counties  of  first  class. 

$  19a.  In  counties  of  the  first  class  there  shall  be  one  probation  officer  and  twenty-nine 
assistant  probation  officers,  and  clerks.  The  salaries  of  said  officers  shall  be  as  follows : 
Probation  officer,  two  hundred  dollars  per  month ;  two  assistant  probation  officers,  each 
one  hundred  and  fifty  dollars  per  month ;  nineteen  assistant  probation  officers,  each  one 
hundred  dollars  per  month;  one  assistant  probation  officer  to  act  as  probation  officer's 
bookkeeper,  one  hundred  dollars  per  month;  one  assistant  probation  officer  to  act  as 
probation  officer 's  clerk  eighty-five  dollars  per  month ;  three  assistant  probation  officers 
to  act  as  stenographers  to  the  probation  officers  in  clerical  work,  each  seventy-five  dol- 
lars per  month;  one  assistant  probation  officer  to  act  as  stenographer,  sixty-five  dollars 
per  month;  one  assistant  probation  officer  to  act  as  telephone  exchange  operator,  fifty 
dollars  per  month;  one  assistant  probation  officer  who  shall  be  a  physician  at  one  hun- 
dred and  twenty-five  dollars  per  month. 

Probation  officers  in  cities  and  counties  of  second  class. 

$  19b.  In  counties  or  cities  and  counties  of  the  second  class  there  shall  be  one  proba- 
tion officer  and  nine  assistant  probation  officers.  The  salaries  of  said  officers  shall  be 
as  follows :  Probation  officer,  two  hundred  fifty  dollars  per  month ;  one  assistant  proba- 
tion officer,  two  hundred  dollars  per  month,  and  eight  assistant  probation  officers,  one 
hundred  forty  dollars  per  month  each.  [Amendment  of  May  27,  1919.  In  effect 
July  27,  1919.     Stats.  1919,  p.  1299.] 

Probation  officers  in  counties  of  third  class. 

§  19c.  In  counties  of  the  third  class  there  shall  be  one  probation  officer  and  ten 
assistant  probation  officers.  The  salaries  of  said  officers  shall  be  as  follows :  Probation 
officer,  two  hundred  twenty-five  dollars  a  month ;  one  assistant  at  a  salary  of  one  hundred 
seventy -five  dollars  a  month;  one  assistant  at  a  salary  of  one  hundred  sixty  dollars  a 
month;  one  assistant  at  a  salary  of  one  hundred  fifty  dollars  a  month;  one  assistant 

Gen.  Laws— 87 


Ael  2341,  eS  19d-19«  GENERAL   LAWS.  1378 

at  a  salary  of  one  hundred  thirty-five  dollars  a  month;  three  assistants  at  a  salary  of 
one  hundred  dollars  a  month  each:  two  assistants  at  a  salary  of  eighty-five  dollars  a 
month  each;  one  assistant  at  a  salary  of  seventy-five  dollars  a  month;  provided,  how- 
ever, that  in  the  event  an  adult  probation  department  is  created  in  counties  of  the  third 
class  from  and  after  the  creation  of  such  department  and  the  appointment  of  an  adult 
probation  officer  or  any  deputy  or  assistant  or  like  officer  who  shall  relieve  the  proba- 
tion officer  of  the  adult  probation  work,  the  offices  of  assistant  probation  officer  at  a 
salary  of  one  hundred  seventy-five  dollars  a  month  and  of  assistant  probation  officer  at 
a  salary  of  one  hundred  sixty  dollars  a  month  shall  cease  and  determine  and  be  abol- 
ishpd  in  counties  of  this  class.  [Amendment  of  May  28,  1917.  In  effect  July  27,  1917. 
Stats.  1917,  p.  1002.] 

Fourth  class. 

$  lOd.  In  counties  of  the  fourth  class  there  shall  be  one  probation  officer,  one  assist- 
ant probation  officer,  and  one  deputy  probation  officer  who  shall  act  as  probation  offi- 
cer 's  clerk.  The  salaries  of  said  officers  shall  be  as  follows :  Probation  officer,  one  hun- 
dred and  fifty  dollars  per  month;  assistant  probation  officer,  one  hundred  dollars  per 
month;  and  one  deputy  probation  officer  to  act  as  probation  officer's  clerk,  seventy-five 
dollars  per  month. 

Sixteenth,  etc.,  classes. 

§  19e.  In  each  of  the  counties  of  the  sixteenth,  twenty-second  and  twenty-third 
classes  there  shall  be  one  probation  officer,  whose  salary  shall  be  one  hundred  fifty 
dollars  per  month.  In  counties  of  the  fifth  class  there  shall  be  one  probation  officer  at 
one  hundred  seventy-five  dollars  per  month,  one  assistant  probation  officer,  whose  sal- 
ary shall  be  one  hundred  fifty  dollars  per  month;  one  assistant  probation  officer  at  a 
salary  of  one  hundred  dollars  per  month,  and  one  assistant  probation  officer,  who  shall 
be  a  competent  stenographer,  at  a  salary  of  eighty-five  dollars  per  month.  In  counties 
of  the  twenty-third  class  there  shall  be  one  assistant  probation  officer,  whose  salary' 
shall  be  fifty  dollars  per  month.  In  counties  of  the  twenty-second  class  the  probation 
officer  shall  perform  in  addition  to  his  duties  as  probation  officer,  the  duties  of  the 
attendance  officer  for  the  schools  of  the  county,  and  investigator  for  the  board  of  super- 
visors on  applications  for  county  and  state  aid,  without  any  additional  compensation 
except  his  necessary  expenses  and  such  mileage  as  the  board  of  supervisors  shall  fix 
and  allow  in  the  performance  of  his  duties.  [Amendment  of  May  28,  1917.  In  effect 
July  27,  1917.     Stats.  1917,  p.  1023.] 

Sixth  class. 

^  19f.  In  counties  of  the  sixth  class  there  shall  be  one  probation  officer  and  three 
assistant  probation  officers.  The  salaries  of  such  officers  shall  be  as  follows:  Probation 
officer,  one  hundred  and  seventy-five  dollars  per  month;  one  assistant  probation  officer, 
one  hundred  and  fifty  dollars  per  month;  one  assistant  probation  officer,  one  hundred 
dollars  per  month;  and  one  assistant  probation  officer  to  act  as  probation  officer's  clerk, 
one  hundred  dollars  per  month. 

Seventh  class. 

^  19g.  In  counties  of  the  seventh  class  there  shall  be  one  probation  ofBcer  and  three 
assistant  probation  officers.  The  salaries  of  said  officers  shall  be  as  follows:  Probation 
officer,  one  hundred  and  seventy-five  dollars  per  month ;  one  assistant  probation  officer, 
one  hundred  and  fifty  dollars  per  month;  one  assistant  probation  officer,  one  hundred 
and  twenty-five  dollars  per  month;  and  one  assistant  probation  officer,  one  hundred 
dollars  per  month. 


1379  Jl'VENILE   COIRT.  Act  2341,  §§  19L-10 11 

Eighth  class. 

$  19h.  In  counties  of  the  eighth  class  there  shall  be  one  probation  officer  and  one 
assistant  probation  officer.  The  salaries  of  said  officers  shall  be  as  follows :  Probation 
officer,  one  hundred  dollars  per  month;  assistant  probation  officer,  seventy -five  dollars 
per  month. 

Ninth,  etc.,  classes. 

^  19i.  In  each  of  the  counties  of  the  ninth,  twelfth,  thirteenth,  fifteenth,  seventeenth, 
eighteenth,  nineteenth,  twenty-sixth,  twenty-seventh,  thirty-third  and  thirty-sixth  class, 
there  shall  be  one  probation  officer  whose  salary  shall  be  one  hundred  dollars  per 
month.  In  counties  of  the  ninth  class  there  shall  be  two  assistant  probation  officers, 
whose  salaries  shall  be  as  follows:  One  assistant  probation  officer,  whose  salary  shall 
be  seventy-five  dollars  per  month  and  one  assistant  probation  officer  whose  salary  shall 
be  fifty  dollars  per  month.  In  counties  of  the  twelfth  class,  there  shall  be  one  assistant 
probation  officer  whose  salary  shall  be  seventy-five  dollars  per  month.  In  counties  of 
the  thirteenth  class  there  shall  be  one  assistant  probation  officer  whose  salary-  shall  be 
twenty-five  dollars  per  month.  In  counties  of  the  eighteenth  class  there  shall  be  four 
assistant  probation  officers  whose  salaries  shall  be  twenty-five  dollars  per  month  each. 
In  counties  of  the  twenty-third  class  there  shall  be  one  assistant  probation  officer  whose 
salary  shall  be  fifty  dollars  per  month.  In  counties  of  the  twenty-sixth  class  there  shall 
be  one  assistant  probation  officer,  whose  salary  shall  be  sixty  dollars  per  month;  pro- 
vided, that  in  counties  of  the  twelfth  class  the  probation  officer  shall,  as  a  part  of  his 
duties,  and  without  any  additional  compensation,  except  his  necessary  expenses,  do  all 
necessary  work  that  the  board  of  supervisors  of  said  county  may  designate  or  require, 
in  looking  after  the  indigent  and  i^oor  of  said  county.  [Amendment  of  May  28,  1917. 
In  efl:ect  July  27,  1917.    Stats.  1917,  p.  1023.] 

Tenth  class. 

§  Iflj.  In  counties  of  the  tenth  class  there  shall  be  one  probation  officer  whose  salary 
^hall  be  one  hundred  and  sixty-six  dollars  per  month,  and  one  assistant  probation  officer 
sv^hose  salary  shall  be  seventy-five  dollars  per  mouth. 

Eleventh,  etc.,  classes. 

§  19k.  In  each  of  the  counties  of  the  eleventh,  fourteenth  and  thirtieth  class  there 
shall  be  one  probation  officer  whose  salary  shall  be  one  hundred  twenty-five  dollars  per 
month;  provided,  that  in  the  counties  of  the  eleventh  class  there  shall  be  an  assistant 
probation  officer,  whose  salary  shall  be  seventy-five  dollars  per  month;  and  provided, 
that  in  counties  of  the  fourteenth  class  there  shall  be  an  assistant  probation  officer, 
whose  salary  shall  be  fifty  dollars  per  month ;  and  provided,  further,  that  in  counties  of 
the  thirteenth  class  the  probation  officer  shall,  as  a  part  of  his  duties,  and  without  any 
additional  compensation,  except  his  necessary  expenses,  do  all  necessary  work  that  the 
board  of  supervisors  of  said  county  may  designate  or  require,  in  looking  after  the  indi- 
gent and  poor  of  said  county.  [Amendment  of  May  28,  1917.  In  effect  July  27,  1917. 
Stats.  1917,  p.  1024.] 

Thirty-second  class. 

§  19  1.  In  each  of  the  counties  of  the  thirty-second  class  there  shall  be  one  probation 
officer,  whose  salary  shall  be  seventy-five  dollars  per  month,  [Amendment  of  May  28, 
1917.    In  effect  July  27,  1917.    Stats.  ]  917,  p.  1024.] 

Twentieth  class. 

§  19  11.  In  each  of  the  counties  of  the  twentieth  class  there  shall  be  one  probation 
officer,  whose  salary  shall  be  one  hundred  dollars  per  month.  [New  section  added 
May  28,  1917.    In  effect  July  27,  1917.    Stats.  1917,  p.  1024.] 


Act  2311.  88  19ni-10tT 


GBNIiSRAli   LAWS. 


13SC 


Thirty-ninth,  etc.,  classes. 

$  lOra.  In  each  of  the  counties  of  the  thirty-ninth,  fortieth  and  forty-second  classes, 
there  shall  be  one  probation  officer  wliose  salary  shall  be  fifty  dollars  per  month. 
[Amoudment  of  May  28,  1917.    In  effect  July  27,  ioH.    Stats.  1917,  p.  1024.] 

Twenty-first  class. 

$  lOmm.  In  each  of  the  counties  of  the  twenty-first  class  there  shall  be  one  probation 
officer,  whose  salary  shall  be  sixty-five  dollars  per  month.  [New  section  added  May  28, 
1917.    In  effect  July  27,  1917.    Stats.  1917,  p.  1024.] 

^  19n.  In  each  of  the  counties  of  the  twenty-fourth,  twenty-eighth,  twenty-ninth, 
thirty-seventh,  forty-first,  forty-third,  forty-fifth,  forty-sixth,  forty-seventh,  forty- 
ninth,  fifty-first,  fifty-second,  fifty-third,  fifty-fourth,  and  fifty-sixth  class,  there  shall 
be  one  probation  officer  whose  salary  shall  be  thirty-five  dollars  per  month. 

Forty-third  class. 

$  19nn.  In  each  of  the  counties  of  the  forty-third  class  there  shall  be  one  probation 
officer,  whose  salary  shall  be  fifty  dollars  per  month.  [New  section  added  May  28,  1917. 
In  effect  July  27,  1917.    Stats.  1917,  p.  1024.] 

Twenty-fifth  class. 

$  19o.  In  counties  of  the  twenty-fifth  class  there  shall  be  one  probation  officer  whose 
salary-  shall  be  one  hundred  fifty  dollars  per  month,  and  one  assistant  probation  officer 
whose  salary  shall  be  seventy-five  dollars  per  month.  [Amendment  of  May  28,  1917. 
In  effect  July  27,  1917.    Stats.  1917,  p.  1025.] 

^  19p.  In  each  of  the  counties  of  the  thirty-first  class,  there  shall  be  one  probation 
officer  whose  salaiy  shall  be  sixty  dollars  per  month. 

^  19q.  In  counties  of  the  thirty-fourth  class,  there  shall  be  one  probation  officer 
whose  salary  shall  be  ninety  dollars  per  month. 

V  19r.  In  counties  of  the  thirty-fifth  class,  there  shall  be  one  probation  officer  who 
shall  maintain  an  office  in  the  court  house  at  the  county  seat.  The  salary  of  said  pro- 
bation officer  shall  be  one  hundred  dollars  per  month. 

$  19s.  In  each  of  the  counties  of  the  forty-fourth  and  fifty-fifth  class,  there  shall 
be  one  probation  officer  whose  salary  shall  be  ten  dollars  per  month. 

$  19t.  In  each  of  the  counties  of  the  forty-eighth  and  fiftieth  classes,  there  shall 
be  one  probation  officer  whose  salary  shall  be  twenty-five  dollars  per  month. 

§  19u.  In  each  of  the  counties  of  the  fifty-seventh  and  fifty-eighth  class,  there  shall 
be  one  probation  officer  whose  salary  shall  be  five  dollars  per  month. 

^  19v.  In  counties  of  the  thirty-eighth  class  there  shall  be  one  probation  officer 
whose  salary  shall  be  seventy  dollars  per  month  and  one  assistant  probation  officer 
whoso  salai-y  shall  be  fifty  dollars  per  month. 

Payment  of  salaries. 

J  19w.  The  salaries  of  all  probation  officers  and  assistant  probation  officers  shall 
be  paid  out  of  the  county  treasury  of  the  county  for  which  they  are  appointed,  respec- 
tively, in  the  same  manner  as  the  salaries  of  the  other  county  officers.  The  probation 
officers  and  assistant  probation  officers  and  deputy  probation  officers  in  all  counties  of 
the  state  shall  be  allowed  such  necessary  incidental  expenses  incurred  in  the  perform- 
ance of  their  duties  as  required  by  any  laws  of  the  state  of  California  as  may  be  author- 
ized bv  the  judge  of  the  juvenile  court;  and  the  same  shall  be  a  charge  upon  the 
county  in  which  the  court  appointing  them  has  jurisdiction,  and  said  expenses  shall  be 


i 


I 


l.iSl  JITA^ENILE   COURT.  Act  2341,  §  20 

paid  out  of  the  county  treasury  upon  a  written  order  of  the  judge  of  the  juvenile  court 
of  said  county  directing  the  county  auditor  to  draw  his  warrant  upon  the  county  treas- 
urer for  the  specific  amount  of  such  expenses.  The  probation  officer  shall  keep  a  list  of 
expenses  and  file  a  copy  monthly  with  the  county  board  of  supervisors. 

Duty  of  probation  ofElcers. 

^  20.  The  probation  officer  shall  inquire  into  the  antecedents,  character,  family 
history,  and  environment  of  every  person  brought  before  the  court,  and  of  every  person 
alleged  to  be  a  person  who  should  be  declared  free  from  the  custody  and  control  of  his 
parents,  and  into  the  cause  of  such  person  being  brought  before  the  juvenile  court,  and 
shall  make  his  report  in  writing  to  the  judge  thereof. 

To  make  investigations. 

Whenever  application  is  made  to  the  district  attorney  of  the  county  for  the  drawing 
of  a  petition  hereunder,  it  shall  be  the  duty  of  the  said  probation  officer  to  make  such 
investigation  as  may  be  required  by  the  said  district  attorney,  or  if  the  application  has 
been  made  to  the  probation  officer,  said  probation  officer  shall  make  such  investigation 
as  to  him  maj'  seem  necessary  for  the  purpose  of  determining  the  necessity  for  the  filing 
of  a  petition.  If,  after  such  investigation  it  appears  to  said  district  attorney  or  to  said 
probation  officer  to  whom  said  application  has  been  made  that  proceedings  should  not 
be  brought  hereunder,  said  district  attorney  or  said  probation  officer  to  whom  said 
application  has  been  made  may  refuse  to  draw  said  petition. 

To  be  in  court. 

It  shall  also  be  the  duty  of  the  probation  officer  to  be  present  in  court  to  represent 
the  interests  of  said  person  when  the  case  is  heard,  and  to  furnish  to  the  court  such 
information  and  assistance  as  the  court  may  require  and  to  make  such  report  at  such 
time;  and  to  take  charge  of  said  person  before  and  after  the  hearing  as  may  be  ordered. 
Everj'  probation  officer,  assistant  probation  officer  and  deputy  probation  officer  shall 
have  the  power  of  a  peace  officer.  At  any  time  the  probation  officer  may  bring  any 
such  ward  committed  to  his  care  before  the  court  with  written  report  and  recommenda- 
tion for  such  further  order  or  other  action  as  the  court  may  deem  proper.  Before  any 
such  ward  is  recommitted,  the  probation  officer  shall  inquire  into  the  reasons  assigned 
for  such  action  and  shall  be  present  in  court  to  represent  the  interests  of  such  ward. 

Power  of  attendance  officer. 

Every  probation  officer  shall  have  the  powers  of  a  school  attendance  officer,  in  such 
portions  of  the  county,  in  which  such  probation  officer  has  been  appointed,  as  are  not 
otherwise  provided  with  a  school  attendance  officer,  and  shall  exercise  such  powers  when 
not  inconsistent  with  his  other  duties. 

Probation  ofiicers'  reports. 

Every  probation  officer,  within  fifteen  days  after  the  thirty-first  day  of  December,  of 
each  year,  shall  make  in  writing  and  file  as  a  public  document  a  report  to  the  judge  of 
the  juvenile  court  of  the  county  in  which  sxieh  probation  officer  is  appointed,  and  shall 
furnish  to  the  county  board  of  supervisors  and  to  the  secretary  of  the  state  board  of 
charities  and  corrections  of  this  state  a  copy  thereof.  Such  report,  without  giving 
names,  shall  state  separately  the  exact  number  of  neglected,  dependent,  and  delinquent 
persons  and  wards  of  the  juvenile  court  that  remain  under  commitment  to  the  care  and 
custody  of  the  probation  officer,  and  the  exact  number  of  such  persons  of  whose  cases 
other  disposition  has  been  made,  as  such  number  exists,  deducting  all  cases  dismissed  or 
discharged  as  reformed,  or  where  such  person  has  passed  the  age  of  twenty-one  years 
upon  such  thirty-first  day  of  December,  segregating  such  persons  as  having  been 
adjudged  by  such  juvenile  court  to  be  neglected,  dependent,  delinquent,  or  wards  of 


Actuau.  ea::i-23  general   laws.  1382 

the  juvenile  court,  as  the  case  may  be,  in  nineteen  hundred  and  three,  nineteen  hundred 
and  four,  nineteen  hundred  and  five,  and  so  on,  up  to  and  including  the  calendar  year 
for  which  such  report  is  made  and  filed.  Any  of  the  duties  of  a  probation  officer  may 
be  performed  by  an  assistant  or  deputy  probation  officer,  and  shall  be  so  performed 
whenever  directed  by  the  probation  officer;  and  it  shall  be  the  duty  of  the  probation 
officer  to  see  that  his  assistant  and  deputy  probation  officers  perform  their  duties. 

Penalties. 

^  21.  Any  person  who  shall  commit  any  act  or  omit  the  performance  of  any  duty, 
which  act  or  omission  causes  or  tends  to  cause  or  encourage  any  person  under  the  age  of 
twenty-one  years  to  come  within  the  provisions  of  any  of  subdivisions  1  to  13  inclusive 
of  section  one  of  this  act,  or  which  act  or  omission  contributes  thereto,  or  any  person 
who  shall,  by  any  act  or  omission,  or  by  threats,  or  commands,  or  persuasion,  induce  or 
endeavor  to  induce  any  such  person,  under  the  age  of  twenty-one  years,  to  do  or  to 
perform  any  act  or  to  follow  any  course  of  conduct,  or  to  so  live  as  would  cause  or 
manifestly  tend  to  cause  any  such  person  to  become  or  to  remain  a  person  coming 
within  the  provisions  of  any  of  subdivisions  1  to  13  inclusive  of  section  one  of  this  act, 
shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  punished  by  a 
fine  not  exceeding  one  thousand  dollars,  or  by  imprisonment  in  the  county  jail  for  not 
more  than  two  years,  or  by  both  such  fine  and  imprisonment,  or  may  be  released  on 
probation  for  a  period  not  exceeding  five  years;  and  the  superior  court,  sitting  as  a 
juvenile  court,  shall  have  original  jurisdiction  over  all  such  misdemeanors.  The  court 
may  also,  as  a  condition  of  such  probation,  require  a  bond  in  such  sum  as  the  court  may 
designate,  to  be  approved  by  the  judge  requiring  the  same,  to  secure  the  performance 
by  such  person  of  the  conditions  imposed  by  the  court  on  such  probation.  Such  bond 
shall  by  its  terms  be  made  payable  to  the  state  of  California  and  any  moneys  received 
for  the  breach  thereof  shall  be  paid  into  the  county  treasury. 

Detention  home.    Superintendent  and  matron. 

§  22.  It  shall  be  the  dut}'  of  the  legislative  body  of  every  county,  or  city  and  county, 
immediately'  upon  this  act  becoming  effective,  to  provide  and  thereafter  maintain,  at  the 
expense  of  such  county,  or  city  and  count}',  in  a  location  approved  by  the  judge  of  the 
juvenile  court,  a  suitable  house  or  place  to  be  known  as  the  "detention  home"  of  said 
county,  or  city  and  county,  for  the  detention  of  wards  of  the  juvenile  court  and  of  per- 
sons alleged  to  come  under  the  provisions  of  subdivisions  1  to  13  inclusive  of  section 
one  of  this  act.  Such  detention  home  must  not  be  in,  or  connected  with  any  jail  or 
prison,  and  shall  be  conducted  in  all  respects  as  nearly  like  a  home  as  possible  and  shall 
not  be  deemed  to  be  nor  be  treated  as  a  penal  institution.  Such  legislative  body  must 
also  provide  a  suitable  superintendent  and  matron  to  have  charge  of  such  detention 
home,  and  for  such  other  employees  as  may  be  needed  in  the  efficient  management  of 
such  detention  home,  and  provide  for  the  payment,  out  of  the  general  fund  of  the 
county,  or  city  and  county,  of  suitable  salaries  for  such  superintendent  and  matron,  and 
such  other  employees,  such  superintendent,  matron  and  other  employees  to  be  appointed 
by  said  legislative  body  upon  the  nomination  of  the  probation  committee  and  the 
approval  of  the  judge  of  the  juvenile  court.  The  superintendent  of  the  detention  home 
shall  keep  a  classified  list  of  expenses,  and  shall  file  a  duplicate  copy  with  the  county 
board  of  supervisors.  The  superintendent,  matron,  or  other  employee  of  such  detention 
home,  may,  at  any  time  be  removed  by  the  probation  committee  in  its  discretion. 

Appeal  from  judgment. 

^.  23.  Every  judgment  or  decree  of  a  juvenile  court  assuming  jurisdiction  and  declar- 
ing any  person  to  be  a  ward  of  the  juvenile  court  or  a  person  free  from  the  custody  and 
control  of  his  parents  may  be  appealed  from  in  the  same  manner  as  any  final  judgment, 


1383  JUVGNILB   COURT.  Act  2341,  §§  24-26 

and  any  subsequent  order  may  be  appealed  from  as  from  an  order  after  judgment;  but 
no  such  order  or  judgment  shall  be  stayed  by  such  appeal,  unless  suitable  provision  is 
made  for  the  maintenance,  care  and  custody  of  such  person  pending  the  appeal,  to  be 
approved  by  an  order  of  the  said  juvenile  court.  Such  appeal  shall  have  precedence  in 
the  court  to  which  the  appeal  is  taken  over  all  other  cases. 

Construction  of  act. 

$  24.  This  act  shall  be  liberally  construed,  to  the  end  that  its  purpose  may  be  car- 
ried out,  to  wit,  that  the  care,  custody  and  discipline  of  a  ward  of  the  juvenile  court,  as 
defined  in  this  act,  shall  approximate  as  nearly  as  may  be  that  which  should  be  given  by 
his  parents,  and  in  all  cases  where  it  can  be  properly  done,  the  ward  of  the  juvenile 
court,  as  defined  in  this  act,  shall  be  placed  in  an  approved  family,  with  people  of  the 
same  religious  belief,  and  become  a  member  of  the  family,  by  legal  adoption  or  other- 
wise. All  commitments  to  institutions  or  for  placement  in  family  homes  under  this  act 
shall  be,  so  far  as  practicable,  either  to  institutions  or  for  placement  in  family  homes 
of  the  same  religious  beliefs  as  that  of  the  person  so  committed  or  of  his  parents  or  to 
institutions  affording  opportunity  for  instruction  in  such  religious  belief.  In  any 
detention  or  commitment  under  this  act,  no  merely  unfortunate  person  shall  be  brought 
into  direct  contact  or  personal  association  with  any  wayward  person  of  evil  influence. 
In  all  cases  of  female  persons  over  the  age  of  five  years  coming  under  the  provisions  of 
this  act,  such  persons  shall  be  dealt  with,  so  far  as  possible,  by  or  in  the  presence  of  a 
woman  probation  officer,  assistant  probation  officer,  deputy  probation  officer,  a  woman 
member  of  the  probation  committee,  or  other  woman;  and  in  transporting  female 
persons  coming  under  any  of  the  provisions  of  this  act,  such  persons  shall  be  trans- 
ported in  the  care  and  custody  of  a  woman.  In  this  act  the  word  "county"  shall 
include  "city  and  county,''  the  plural  shall  include  the  singular,  and  the  singular  shall 
include  the  plural,  and  the  word  "ward"  shall  mean  "a  ward  of  the  juvenile  court," 
as  defined  in  this  act. 

Acts  superseded. 

$  25.  This  act  shall  supersede  all  provisions  of  the  act  entitled  "An  act  to  establish 
a  state  school  for  juvenile  offenders,  and  to  make  an  appropriation  therefor,"  approved 
March  11,  1889,  and  all  amendments  thereto,  and  all  provisions  of  the  act  entitled  "An 
act  to  establish  a  school  of  industry,  to  provide  for  the  maintenance  and  management  of 
the  same,  and  to  make  an  appropriation  therefor,"  approved  March  11,  1889,  and  all 
amendments  thereto,  relating  to  the  mode  of  commitments  to  the  institutions  therein 
named ;  but  said  acts  shall  control  as  to  all  matters  concerning  the  management  of  said 
institutions,  respectively. 

Acts  repealed. 

^  26.  The  juvenile  court  law  approved  March  8, 1909,  as  amended  by  an  act  approved 
April  5,  1911,  and  as  amended  by  an  act  approved  June  16,  1913,  and  all  amendments 
thereof,  and  all  acts  or  parts  of  acts  inconsistent  herewith  are  hereby  repealed;  pro- 
vided, however,  that  nothing  herein  contained  shall  be  deemed  to  interfere  with  the 
management  of  any  state  school  except  as  herein  expressly  provided;  provided,  further, 
that  all  orders  and  judgments  heretofore  made  under  the  acts  hereby  repealed  shall 
continue  in  full  force  and  effect  and  the  court  shall  retain  jurisdiction  of  all  persons 
now  subject  to  the  jurisdiction  thereof,  and  such  persons  shall  be  herein  dealt  with  in 
the  same  manner  as  if  all  previous  orders  had  been  made  under  the  provisions  of  this 
act,  and  all  proceedings  now  pending  under  said  act  shall  be  continued  under  the  pro- 
visions of  this  act. 

Persons  charged  with  crime  under  the  provisions  of  section  twenty-six  of  said  law  of 
nineteen  hundred  eleven,  or  section  twenty-eight  of  said  law  of  nineteen  hundred  thir- 


A«f  2341,  §  27 


GENERAL   LAWS. 


1384 


teen  shall  be  tried  and  punished  under  the  law  as  it  existed  at  the  time  of  said  alleged 
ojffense. 

All  officers  holding  office  under  the  provisions  of  said  acts  shall  be  continued  therein, 
subject  hereto  and  nothing  herein  contained  shall  be  deemed  to  interfere  with  their 
term  or  tenure  of  office. 

Constitutionality. 

$  27.  If  any  one  section  or  sections,  or  portion  or  portions  of  a  section,  or  any  para- 
graph or  paragraphs,  or  sentence  or  sentences  of  this  act  are  declared  invalid  such 
declaration  shall  not  affect  the  rest  of  the  law. 


I.     CONSTITUTIONALITY. 

1.  Not  a  special  statute. — The  "juvenile 
court  law"  is  not  a  special  act  and  is  con- 
stitutional.— In  re  Sing,  13  Cal.  App.  736, 
110  Pac.  693. 

2.  Legi.slatlve  power  to  regulate  minor- 
ity without  regard  to  sex. — Tlie  legislature 
is  empowered  to  regulate  minority  and  to 
treat  males  and  females  of  the  same  age 
alike,  as  was  done  in  the  act  of  1911. — 
Moore  v.  Williams,  19  Cal.  App.  600,  127 
Pac.   509. 

3.  Same. — The  legislature  had  power  to 
confer  upon  the  juvenile  court  jurisdiction 
of  all  persons  under  twenty-one  years  of 
age,  whether  male  or  female,  and  without 
regard  to  their  minority. — In  re  Willis,  30 
Cal.  App.   188,  157   Pac.   819. 

4.  Title. — The  "juvenile  court  law"  is  not 
unconstitutional  because  ot  defect  in  title 
within  section  24,  article  IV,  of  the  con- 
stitution.— In  re  Maginnis,  162  Cal.  200, 
202,   121    Pac.    723. 

5.  Same — Repeal  of  prior  acts. — The  re- 
peal of  other  statutes  dealing  witli  the 
same  subject  is  germane  to  the  subject  and 
purpose  of  the  act. — In  re  Maginnis,  162 
Cal.   200,   121   Pac.   723. 

6.  Same — Failure  to  refer  to  age,  though 
referred  to  in  body  of  act. — The  provision 
of  section  1  of  the  "juvenile  court  law" 
of  1911,  that  the  act  applies  only  to  "per- 
sons under  tlie  age  of  twenty-one  years," 
does  not  render  the  act  unconstitutional 
because  tlie  title  refers  to  "dependent  and 
delinquent  minor  children." — Moore  v.  Wil- 
liams,  19  Cal.   App.   600,   127   Pac.   509. 

7.  Same — Suhject  sufficiently  expressed. 
— The  subject  of  the  act  of  1911  is  suf- 
ficiently expressed  in  the  title  to  meet  the 
requirements  of  the  constitution. — Moore  v. 
Williams,   19  Cal.  App.   600,   127   Pac.   509. 

8.  Same — Subjects  not  embraced  in — Va- 
lidity of  act  not  affected. — If  there  are  any 
provisions  in  the  "juvenile  court  law"  not 
embraced  in  the  general  scope  of  the  sub- 
ject covered  by  its  title,  their  invalidity 
would  not  affect  the  validity  of  the  act  as 
a  whole. — In  re  Maginnis,  162  Cal.  200.  202, 
121   Pac.   723. 

9.  Exercise  of  police  poin-er — Not  a  "mu- 
nicipal affair." — The  "juvenile  court  law"  is 
an  exercise  of  the  police  powers  of  the 
state,  and  concerns  the  whole  state  as 
much  as  any  other  extension  of  the  judicial 
system,  and  the  subject  is  not  a  "municipal 
affair"  within  the  meaning  of  that  term  in 
the  constitution,   although   the   functions   of 


the  particular  extension  of  the  system  may 
be  exercised  exclusively  within  incor- 
porated cities  having  a  municipal  charter. 
— Nicholl  V.  Koster,  157  Cal.  416,  108  Pac. 
302. 

10.  Trial  on  mere  verified  complaint- 
Construction  rendering  act  unconstitutional. 
— To  interpret  the  exception  in  subdivision 
4  of  section  682  of  the  Penal  Code  as  au- 
thorizing the  trial  of  an  offense  under  sec- 
tion 26  of  the  act  of  1911  by  the  superior 
court  on  a  mere  verified  complaint  would 
render  it  repugnant  to  subdivision  3  of  sec- 
tion 25,  of  article  IV  of  the  constitu- 
tion.— Gardner  v.  Superior  Court,  19  Cal. 
App.  548,   126  Pac.   501. 

II.      PURPOSE. 

11.  Protection  of  all  children  against 
delinqueiicy  and  dependency. — The  legisla- 
ture intended  by  the  "juvenile  court  law" 
to  provide  protection  to  all  children  who, 
by  the  terms  of  the  act,  were  either  de- 
pendent or  delinquent,  by  attaching  a  pen- 
alty to  any  act  contributing  to  such  de- 
linquency or  dependency. — In  re  Sing,  14 
Cal.   App.    512,    112    Pac.    582. 

12.  Same — Main  purpose. — The  main  pur- 
pose of  the  act  is  to  provide  for  the  care 
and  custody  of  children  who  have  shown, 
or  who,  from  lack  of  care,  are  likely  to 
develop  criminal  tendencies,  in  order  to 
have  them  trained  to  good  habits  and  cor- 
rect principles. — Nicholl  v.  Koster,  157  Cal. 
416,    108   Pac.    302. 

13.  Same  —  Same. — The  "juvenile  court 
law"  aims,  as  its  principal  object,  at  the 
proper  custody  and  education  of  children 
who  lack  the  care  and  control  deemed  es- 
sential to  their  right  development,  whether 
or  not  their  situation  be  such  as  to  be 
likely  to  lead  them  to  actual  crime. — In  re 
Maginnis,   162  Cal.   200,   204,   121   Pac.   723. 

14.  Secondary  purpose — Punishment  of 
persons  respon.sible. — The  secondary  pur- 
pose of  the  "juvenile  court  law"  is  to  pro- 
vide for  the  punishment  of  persons  respon- 
sible for,  or  contributing  to  the  dependency 
or  delinquency  of  children. — In  re  Maginnis, 
162  Cal.    200,   204,    121    Pac.   723. 

15.  Act  of  1911  has  same  purpose  as  act 
of  1909. — The  purposes  of  the  act  of  1911 
are  substantially  the  same  as  the  purposes 
of  the  act  of  1909. — Moore  v.  Williams,  19 
Cal.   App.    600,   127   Pac.   509. 

III.      CONSTRUCTION. 

16.  No  nevr  court  set  up. — The  "juvenile 
court    law"    does   not    pretend    to    set    up    a 


1365 


JUVENILE    COURT. 


Act  2341 


new  court  district  from  the  superior  court, 
but  merely  to  give  that  court  jurisdiction 
of  a  new  class  of  offenses  created  thereby. 
— People  V.  Budd,  24  Cal.  App.  176,  140  Pac. 
714. 

17.  Jurisdiction  over  offense  properly 
includes  jurisdiction  to  punish. — The  sub- 
ject of  granting  to  the  superior  court  juris- 
diction over  the  offense  of  contributing  to 
or  causing  delinquency  or  dependency, 
properly  includes  jurisdiction  to  punish 
the  offense  thus  created. — In  re  Maginnis, 
162  Cal.   200,   121   Pac.  723. 

18.  Residence — Jurisdiction  not  limited 
to  children  technically  residing  in  Califor- 
nia.—The  "juvenile  court  law"  does  not 
limit  the  power  of  the  court  to  children 
who  have  a  technical  residence  in  this 
state,  and  the  decisions  of  tlie  supreme 
court,  so  far  as  they  go  do  not  hold  that 
the  courts  of  this  state  are  prohibited  from 
assuming  guardianship  of  children  who 
may  happen  to  be  within  its  jurisdiction, 
but  whose  legal  residence  or  domicile  else- 
where; but  the  court  does  not  decide  the 
question  whether  the  juvenile  court  has 
jurisdiction  of  a  child  present  in  the  state, 
but  whose  technical  residence  is  in  Mon- 
tana.— In  re  Maginnis,  162  Cal.  200,  205, 
121    Pac.    723. 

19.  Same — Finding:  as  to,  not  reviei^-able. 

• — Where  the  juvenile  court  finds  that  a  de- 
linquent child  was  a  resident  of  the  state 
of  California,  in  accordance  with  the  al- 
legations of  the  petition,  such  finding  can 
not  be  reviewed  on  habeas  corpus,  how- 
ever erroneous. — In  re  Maginnis,  162  Cal. 
200,    121    Pac.    723. 

20.  Same — Technical  residence  in  Cali- 
fornia but  domiciled  elsewhere. — The  act 
does  not  limit  the  jurisdiction  of  the  juve- 
nile court  over  children  who  have  a  techni- 
cal residence  in  the  state,  though  actually 
domiciled  elsewhere. — In  re  Maginnis,  162 
Cal.    200,    121    Pac.    723. 

21.  Sex  and  age  immaterial — Act  of  1911. 
— The  sex  or  age  of  a  person  is  a  negligible 
quantity  under  the  act  of  1911,  in  declaring 
what  shall  constitute  "dependency"  and 
"delinquency,"  and  the  legislature  had  the 
power  to  make  those  provisions  equally 
applicable  to  males  and  females  under 
twenty-one  years  of  age. — Moore  v.  Wil- 
liams,  19   Cal.   App.   600,   127   Pac.   509. 

22.  Same — Act  of  1009  and  act  of  1911 
distinguished. — The  act  of  1909  is  distin- 
guished from  the  act  of  1911,  in  that  it 
was  limited  to  children  "under  the  age  of 
eighteen  years,"  wliile  the  latter  act  raised 
the  limit  to  twenty-one  years,  and  pro- 
vided for  additional  probation  officers,  and 
adjusts  the  salaries  of  such  officers  by 
counties. — Moore  v.  Williams,  19  Cal.  App. 
600,    127    Pac.    509. 

23.  Children  of  divorced  persons — Juris- 
diction of  court. — The  superior  court  sit- 
ting as  a  juvenile  court  has  the  authority 
to  exercise  its  jurisdiction  under  the  ju- 
venile court  act  for  the  disposition  of  the 
children  of  the  parties  to  a  divorce  suit, 
notwithstanding  it  had,  in  the  divorce  suit, 
already    awarded    their    custody    to    one    of 


the  parties. — Dupes  \.  Superior  Court,  176 
Cal.    440,   442,   168   Pac.    8^8. 

24.  Persons  >vho  are  guilty  of  contrib- 
uting    subject     to     punishment. — Any     one 

who  contributes  to  tlie  dependency  of  a 
child,  whatever  may  be  his  relation  thereto, 
becomes  amenable  to  punishment  under  the 
provisions  of  section  26  of  the  act.— In  re 
Sing,    14    Cal.    App.    512,    112    Pac.    582. 

25.  Abandoned  and  neglected  children. 
— Section  224  of  the  Civil  Code,  defines  the 
circumstances  which  give  the  juvenile 
court  jurisdiction  to  take  charge  of  the 
case  of  the  child,  and  determine  whether 
there  has  been  an  abandonment  or  not; 
but  it  does  not  state  all  the  elements  or 
abandonment. — In  re  Cordy,  169  Cal.  150, 
146    Pac.    532,    534. 

IV.    ACTIONS   AND   PROSECUTIONS. 

26.  Minor  charged  -with  crime — Al>sence 
of   request    for    determination    as    to    age. — • 

Where  no  request  is  presented  to  have  the 
matter  submitted  to  the  juvenile  court,  the 
superior  court  may  proceed  with  the  trial 
of  a  criminal  prosecution  of  a  minor  under 
eighteen  years,  although  the  evidence  ad- 
duced at  the  trial  discloses  the  fact. — Peo- 
ple V.  Oxnam,  170  Cal.  211,  217,  149  Pac. 
165. 

27.  Defective  petition  not  bar  to  subse- 
quent petition. — The  filing  of  a  petition 
which  is  defective  and  does  not  give  tlie 
juvenile  court  jurisdiction,  does  not  de- 
prive the  court  of  jurisdiction  of  a  subse- 
quently filed  sufficient  petition. — Moore  v. 
Superior  Court,  22  Cal.  App.  156,  134  Pac. 
352. 

28.  Affidavit  insufficient  to  confer  juris- 
diction.— An  affidavit  that  a  fifteen-year-old 
female  child  is  dependent  in  "that  the  said 
child  is  without  proper  guardianship  and 
her  home  is  an  unfit  place  for  such  child," 
is  insufficient  to  confer  jurisdiction  upon 
the  superior  court  sitting  as  a  juvenile 
court  to  make  an  order  committing  such 
child  to  special  custody,  and  she  was  dis- 
charged on  habeas  corpus. — In  re  Mundell, 
3  Cal.  App.  472,   86  Pac.  833. 

29.  Information  shoT»'ing  minority  of 
defendant — Duty  of  magistrate. — Where  it 
appeared  at  the  preliminary  examination 
that  the  defendant  accused  of  committing 
lewd  and  lascivious  acts  with  a  child  un- 
der the  age  of  fourteen  years,  was  him- 
self under  eighteen,  it  would  have  been 
the  duty  of  the  magistrate  to  have  referred 
tlie  case  to  the  juvenile  court,  but  when 
the  defendant's  attorney  stated  to  the 
magistrate  that  defendant  was  over 
eighteen,  he  was  not  required  to  make  such 
reference. — In  re  Tom,  17  Cal.  App.  678,  121 
Pac.   294. 

30.  Error  not  to  admit  evidence  of  age 
of  defendant  Avhen  oflCered — Error  does  not 
autliorixe  release  on  habeas  corpus. — Under 
the  act  of  1915,  sections  4d  and  6,  it  was 
error  for  a  justice  of  the  peace  to  refuse 
to  hear  evidence  of  age  of  a  defendant, 
when  it  is  suggested  to  him  that  the  de- 
fendant is  under  eigliteen  years  of  age, 
but  it  is  not  sufficient  to  justify  a  release 
on    habeas    corpus,    in    view    of    section    6, 


Act  1*341 


GENERAL  LAWS. 


i3se 


which  authorizes  the  juvenile  court  to  ex- 
amine and  commit  the  defendant  or  certify 
him  baclt  to  the  magistrate. — In  re  Northon, 
35   Cal.    App.    369.   169    Pac.    1051. 

30a.  Minor  charced  with  crime — Deter- 
mination an  t<j  age — Presumption  on  appeal. 
— In  the  absence  of  a  trial  and  determina- 
tion as  to  age  of  a  defendant  in  the  supe- 
rior court,  or  of  any  proceedings  in  that 
court  calling  for  such  trial  and  determina- 
tion, the  supreme  court  will  assume  that 
he  is  over  eighteen  years  old,  and  what- 
ever may  have  been  the  duty  in  the  event 
of  a  suggestion  as  to  age  and  the  denial  of 
a  request  to  present  the  matter  to  the 
juvenile  court,  the  court  will  not  consider 
the  matter  not  raised  in  the  court  below. — 
People  v.  Oxnam.  170  Cal.  211,  220,  149  Pac. 
165. 

31.  Prosecution  by  verified  complaint 
not  permitted — Unconstitutional  construc- 
tion.— Subdivision  4,  section  682,  of  the 
Penal  Code,  can  not  be  construed  to  permit 
a  prosecution  under  the  "juvenile  court 
law"  by  verified  complaint,  and  such  a  con- 
struction would  render  that  subdivision  re- 
pugnant to  subdivision  3  of  section  25, 
article  IV  of  the  constitution,  as  well  as 
to  subdivision  33  of  that  section. — People 
V.    Budd,    24   Cal.    App.    176,    140    Pac.    714. 

32.  Same— Does  not  confer  jurisdiction. 
— A  verified  complaint  can  not  confer  juris- 
diction of  a  charge  of  contributing  to  the 
delinquency  of  a  female  under  the  age  of 
twenty-one  years,  under  the  "juvenile  court 
law." — People  v.  Budd,  24  Cal.  App.  176, 
140   Pac.   714. 

33.  Preliminary  examination  and  com- 
mitted required  as  conditions  precedent  to 
information. — A  preliminary  examination 
and  commitment  are  conditions  precedent 
to  an  information  upon  which  only  can  the 
juvenile  court  try  one  with  a  misdemeanor 
under  the  "juvenile  court  law,"  even  though 
it  has  jurisdiction  of  such  offense. — In  re 
Sing,   13  Cal.   App.   736,   110   Pac.    693. 

34.  Preliminary  examination  not  re- 
quired— iVuIlity. — It  is  admitted  that  a  pre- 
liminary examination  is  not  required  in 
prosecution  of  "juvenile  court  law"  of- 
fenses, and  wliere  such  examination  is  held, 
it  is  a  nullity. — Edington  v.  Superior  Court, 
18  Cal.  App.   739,   124  Pac.   450.  128   Pac.   338. 

35.  Information — Dependency  must  be 
allef;ed  and  proved. — In  prosecutions  un- 
der the  "juvenile  court  law"  for  contribut- 
ing to  the  dependency  of  a  minor,  it  is  es- 
sential to  conviction  to  allege  and  prove 
that  such  minor  has  become  a  dependent, 
and  such  condition  of  dependency  is  an  in- 
dispensable prerequisite  to  the  maintenance 
of  such  a  charge. — People  v.  Pierro,  17  Cal. 
App.   741,   121   Pac.   689. 

36.  Same — Pica  of  dependency,  sufficiency 
of. — Where  a  child  against  whom  the  of- 
fense of  contributing  to  her  dependency 
has  been  committed,  has  been  adjudicated 
a  dependent  child,  it  would  be  sufficient  to 
plead  such  adjudication,  but  when  no  ad- 
judication Is  relied  on,  the  facts  which 
make  such  minor  a  dependent  under  the 
ITovisions   of   the   law   must   be   i>»eaded    in 


the  information. — People  v.  Pierro,  17  Cal. 
App.  741,   121  Pac.    689. 

36a.      Same — Same — Deflnltenesa    required. 

— A  general  allegation  that  the  child  to 
whose  dependency  a  defendant  is  charged 
with  contributing,  "was  then  and  there  a 
dependent  child — within  the  meaning"  of 
the  "juvenile  court  law"  of  1909,  is  insuf- 
ficient to  inform  the  defendant  of  the  par- 
ticulars of  the  charge  which  he  is  called 
upon  to  meet. — People  v.  Pierro,  17  Cal. 
App.  741,  121  Pac.  689. 

37.  Same — Same. — The  information  must 
set  forth  the  facts  making  the  minor  de- 
pendent unless  there  has  been  a  previous 
adjudication  of  dependency,  in  which  case 
it  is  sufficient  to  allege  such  adjudication. 
— In  re  Goldsworthy,  22  Cal.  App.  354,  134 
Pac.    352. 

38.  Indictment  or  information — Prosecu- 
tion must  be  by. — Prosecution  for  an  of- 
fense under  section  26  of  the  "juvenile 
court  act"  of  1911,  must  be  by  indictment 
or  information,  and  the  superior  court  has 
no  jurisdiction  to  try  such  an  offense  upon 
a  mere  verified  complaint. — Gardner  v.  Su- 
perior Court,  19  Cal.  App.  548,  126   Pac.  501. 

39.  Same — Same.— Verified  complaint  In- 
sutficient. — The  prosecution,  under  the  "ju- 
venile court  law"  for  contributing  to  the 
delinquency  of  a  female  under  twenty-one 
years  of  age,  must  be  by  indictment  or  by 
information  after  preliminary  examination 
by  a  magistrate,  and  not  by  a  mere  verified 
complaint. — People  v.  Budd,  24  Cal.  App. 
176,    140   Pac.    714. 

40.  Same — Sufliciency. —  An  information 
vsrhich  charges  the  manager  of  a  cafe  with 
contributing  to  the  delinquency  or  depen- 
dency of  a  minor,  by  being  present  when  a 
girl  of  seventeen  years  of  age  was  served 
with  liquor  in  his  cafe,  sets  forth  a  viola- 
tion of  section  21  of  the  act  of  1915,  espe- 
cially since  section  397b  of  the  Penal  Code, 
which  makes  his  conduct  a  misdemeanor. — 
People  V.  De  Leon,  35  Cal.  App.  466,  170  Pac. 
173. 

41.  Same — Same.  —  The  information  in 
this  case  held  to  state  facts  warranting 
the  conclusion  that  the  female  child  re- 
ferred to  was  a  dependent  person  within 
the  meaning  of  the  act  of  1911. — Edington 
v.  Superior  Court,  18  Cal.  App.  739,  124 
Pac.    450,    128    Pac.    338. 

42.  Same — Same. — Although  an  informa- 
tion does  not  expressly  nor  directly  declare 
that  the  minor  therein  named  is  a  depend- 
ent person,  the  charge  that  defendant  en- 
deavored to  induce  said  minor  to  lead  an 
idle,  dissolute  and  immoral  life  by  impor- 
tuning and  coercing  her  to  enter  a  house 
of  prostitution,  and  that  he  had  sexual  in- 
tercourse with  her,  is  sufficient. — In  re 
Goldsworthy,   22  Cal.  App.  354,  134  Pac.  352. 

43.  Same — Same. — The  information  in 
this  case  held  to  charge  defendant  with 
committing  the  public  offense  of  contribut- 
ing to  the  dependency  of  a  female  child  of 
the  age  of  fifteen  years. — People  v.  Oliver, 
29  Cal.   App.    576,   156  Pac.   1005. 

44.  Same — Same. — An  information  whicli 
fails     to     state     that     the     particular     acts 


13S7 


JUAENILE    COURT. 


Act  2341 


charged  against  defendant  were  committed 
in  the  presence  of  the  children  or  that  such 
acts  had  any  direct  effect  upon  their  morals, 
is  insufficient  to  charge  the  offense  of  con- 
tributing to  the  dependency  of  such  chil- 
dren in  violation  of  the  "juvenile  court 
law." — People  v.  Bergotini,  172  Cal.  717, 
720,  158   Pac.   198. 

45.  Same — Same — Statute  of  limitations. 
— An  information  filed  November  2,  1917, 
charging  defendant  did,  on  various  dates 
between  October  1,  1916  and  October  1,  1917, 
entice  a  girl  fifteen  years  of  age  away 
from  her  home  and  usual  place  of  abode 
and  induce  her  to  accompany  defendant  to 
various  hotels  and  rooming  houses,  where 
they  occupied  the  same  room,  and  defend- 
ant did  then  and  there  have  and  accomplish 
sexual  intercourse  with  her,  was  sufficient 
against  the  objection  that  there  was  a  bar 
of  the  one-year  statute. — People  v.  Brown, 
37  Cal.  App.   101,  173   Pac.    621. 

46.  Same — Same. — An  information  charg- 
ing defendant  with  inducing  a  girl  of  fif- 
teen years  of  age  to  accompany  him  to 
hotels  and  rooming  houses,  where  they  oc- 
cupied the  same  room  and  he  accomplished 
with  her  the  act  of  sexual  intercourse,  is  not 
insufficient  for  failure  to  allege  negatively 
they  were  husband  and  wife,  where  it  does 
show  that  their  surnames  were  different, 
and  that  she  was  only  fifteen  years  of  age. 
— People  v.  Brown,  37  Cal.  App.  101,  173 
Pac.   621. 

47.  Oflfense  of  contributing  may  be  com- 
mitted upon  person  not  previously  delin- 
quent.— Under  the  act  of  1911  the  offense 
of  contributing  to  the  dependency  or  de- 
linquency of  a  female  under  the  age  of 
twenty-one  years,  may  be  committed  upon 
a  person  not  theretofore  possessing  any  of 
the  characteristics  of  dependency  or  de- 
linquency under  the  act. — In  re  Golds- 
worthy,   22  Cal.   App.   354,   134   Pac.   352. 

48.  Evidence  —  Delinquency  prior  to 
tiling  information  must  be  proved. — Upon 
a  charge  of  contributing  to  the  dependency 
of  a  girl  under  eighteen,  by  an  act  of 
sexual  intercourse  with  her,  it  is  necessary 
for  the  people  to  prove  not  only  the  act  of 
sexual  intercourse,  but  also  that  the  girl 
was,  prior  to  the  filing  of  the  information 
a  dependent  person  within  the  meaning  of 
the  act,  and  that  defendant's  act  caused  or 
contributed  to  such  dependency. — People  v. 
Cruse,  24  Cal.  App.   497,  141  Pac.   936. 

49.  Same — Previous  acts  of  delinquency. 
— The  fact  that  the  minor  may  have  been 
leading  an  idle,  dissolute,  and  immoral  life 
prior  to  the  time  she  came  to  defendant's 
house  is  immaterial  in  a  prosecution  of  the 
proprietress  of  a  house  of  prostitution  for 
a  violation  of  section  21  of  the  "juvenile 
court  law,"  by  permitting  such  minor  to 
commit  acts  of  prostitution  in  her  house. — 
People  V.  Hanford,  35  Cal.  App.  799,  171 
Pac.    112. 

50.  Same — Evidence  as  to  other  acts. — 
In  a  prosecution  for  contributing  to  the 
dependency  of  a  female  child  of  fifteen 
years,  evidence  of  other  acts  of  improper 
conduct      with      such      minor,      than      those 


charged  in  the  Information,  is  admissible. 
— People  V.  Oliver,  29  Cal.  App.  576,  156 
Pac.   1005. 

51.  Same — Sufficient. — Evidence  held  suf- 
ficient to  support  a  judgment  of  conviction 
of  the  offense  of  contributing  to  the  de- 
pendency of  a  female  child  of  the  age  of 
fifteen  years. — People  v.  Oliver,  29  Cal.  App. 
576,    156   Pac.    1005. 

52.  Same — Defendant  entitled  to  full 
measure  of  all  legal  rights. — In  a  prosecu- 
tion under  the  "juvenile  court  law"  for  con- 
tributing to  the  delinquency  of  a  female 
under  twenty-one  years  of  age  by  an  act 
of  sexual  intercourse  with  her,  owing  to 
natural  instincts  and  laudable  sentiments 
on  the  part  of  the  jury,  and  the  usual  cir- 
cumstances of  isolation  of  the  parties  in- 
volved in  the  commission  of  the  offense,  the 
defendant  is,  as  a  rule,  so  disproportion- 
ately at  the  mercy  of  the  prosecutrix's  evi- 
dence, that  he  should  be  given  the  full 
measure  of  every  legal  right. — People  v. 
Cruse,   24   Cal.   App.   497,   141   Pac.   936. 

53.  Instructions — As  to  moral  delin- 
quency of  girl  complainant. — An  instruction 
that  the  moral  delinquency  of  the  girl 
complainant  should  not  be  considered  aa 
affecting  her  credibility,  is  proper  in  a 
prosecution  under  the  "juvenile  court  law  " 
for  contributing  to  the  delinquency  of  a 
female  under  the  age  of  twenty-one  years 
by  committing  an  act  of  sexual  intercourse 
with  her. — People  v.  Cruse,  24  Cal.  App. 
497,   141   Pac.   936. 

54.  Orders — IVot  for  punishment— Pro- 
vision for  guardianship. — Juvenile  court 
orders  are  not  for  the  infliction  of  pun- 
ishment, but  to  provide  suitable  guardian- 
ship, and  the  defendant  is  not  entitled  to  a 
jury  trial. — In  re  Brodie,  33  Cal.  App.  751, 
166   Pac.   605. 

.55.  Judgment — Discharge  on  ground  that 
defendant  did  not  stand  in  loco  parentis. — 
A  person  convicted  of  a  violation  of  the 
terms  of  section  26  of  the  "juvenile  court 
law"  can  not  be  discharged  on  habeas  cor- 
pus on  the  ground  that  he  did  not  stand 
in  loco  parentis  to  the  child. — In  re  Sing, 
14  Cal.  App.   512,   112   Pac.   582. 

56.  Same  —  Abandoned  and  neglected 
children — Reopened  on  father's  pe<ifion.— 
Where  an  order  of  the  juvenile  court  ad- 
judging minor  children  neglected  under  the 
act  was  made  without  the  father's  consent, 
reserved  the  matter  for  the  further  order 
of  the  court,  the  court  had  jurisdiction, 
upon  the  petition  of  the  father,  to  reopen 
the  case. — In  re  Cannon,  27  Cal.  App.  549, 
150   Pac.   794. 

57.  Same — Same — Deprivation  of  par- 
ental custody. — The  "juvenile  court  law" 
of  1913  provides  that  the  custody  of  a 
neglected  child  shall  not  be  taken  from  a 
parent,  without  his  consent,  except  it  is 
found  that  he  is  incapable  of  providing  or 
has  neglected  or  failed  to  provide  for  such 
child,  and  on  an  appeal  from  an  order 
denying  a  petition  of  the  father  of  minors 
to  set  aside  a  judgment,  made  without  his 
consent,  adjudging  his  children  neglected 
persons  within  the  act,  and  the  proceedings 


Act  1:341 


GKNKRVI.    LAWS. 


13S.S 


leading  up  to  th«  ju.lKtncnt  are  not  in  the 
record.  It  will  be  prosumed  that  there  was 
■uch  evidence  of  neglect  as  rendered  his 
consent  unnecessary. — In  re  Cannon.  27 
Cal     App.    549.    150    Tac.    794. 

58.  Samr — Sonic — Snine. — AVrlfnro  of  ml- 
^or. — Under  i  I'b  a  thuline  tliat  the  wel- 
fare of  the  minor  requires  the  taking  away 
of  such  minor  from  the  custody  of  hi.'<  par- 
ent or  guardian  is  essential  where  this  is 
jonc. — In  re  Brodle.  33  Cal.  App.  751,  166 
Vac.   605. 

B9.  Smne— Comniltnirnt  to  Pre«ton — Pro- 
ballon. —  In  case  of  an  ordinary  criminal 
information  the  court  may  commit  a  minor 
to  the  Preston  School  of  Industry  for  a 
probationary  period,  and  may  change  or 
modify  the  judgment  at  any  time  during 
the  probationary  term;  subject  to  the  right 
of  the  trustees  to  admit  the  prisoner  to 
probation  or  to  discharge  him,  and  If  so 
discharged  he  Is  released  from  all  pen- 
alties and  disabilities,  and  In  ca.se  of  re- 
arrest by  order  of  the  court,  may  l)e  re- 
leased on  habeas  corpus. — In  re  Jolin;50n, 
36  Cal.   App.   319,   171    Pac.   1074. 

80.  Same  ^  Same  —  Jurindlotion  of  truH- 
tcrn. — The  "Juvenile  court  law"  of  1915,  does 
not  take  away  from  the  board  of  trustees 
of  the  Preston  School  of  Industry  the  right 
to  allow  paroles  or  malce  discharges  of  Its 
inmates. — In  re  Johnson,  36  Cal.  App.  319, 
171  Pac.  1074. 

81.  Appeal — Record  —  Authcnticntion. — 
Prior  acts  rontain  no  provision  for  an  ap- 
peal, but  the  act  of  1913  (§30)  provides  for 
an  appeal  to  the  district  court  of  appeal, 
from  an  order  sending  a  dependant  child 
to  a  school  at  the  mother's  expense,  and 
further  provides  the  manner  of  authenticat- 
ing the  record  to  be  reviewed. — In  re  Fow- 
ler.   24   Cal.   App.    529.    141    Pac.    1053. 

82.  Same — Record. — An  appeal  from  an 
order  declaring  a  child  dependent  and  send- 
ing her  to  a  school  at  her  mother's  expense. 
Is  taken,  under  section  30  of  the  act  of 
1913,  by  a  bill  of  exceptions,  settled  by  the 
Judge,  engrossed  and  certified  by  the  clerk, 
and  the  appeal  will  be  dismissed  If  such 
bill  Is  not  signed  by  the  judge,  although 
engrossed,  and  certified  by  the  clerk  to 
have  been  "regularly  settled  and  allowed 
by  the  Judge." — In  re  Fowler,  24  Cal.  App. 
529.    141    Pac.    1053. 

V.    PROBATION  OFFICER. 

8.T  Salary — Dlnqiialiflrntlun  to  hold  other 
oince. — Section  18  of  the  act  of  1915,  as  to 
salary  and  disqualifications  of  a  probation 
offlcor.  disqualifies  such  officer  from  holding 
the  position  of  the  superintendent  of  the 
detention  home. — Spier  v.  Peck.  36  Cal.  App. 
4.   171   Pac.   115. 

84.  Same  —  I.>ef;lKlatIve  pi>t>rr  to  create 
analMtant. — The  legislature  was  empowered 
to  create  the  office  of  assistant  probation 
officer,  ar.d  to  make  such  an  officer  a  county 
officer,  appointed  by  the  juvenile  court,  and 
to  fix  his  tenure  of  office  and  his  compen- 
sation, as  was  done  by  the  "juvenile  court 
law"  of  1911. — Reed  v.  Hammond,  18  Cal. 
App.    442,    123    Pac.    SI"}. 


OS.  Conflict  of  la^vN — I, on  Angelca  countjr 
charter  provlHlonn. — .Xfter  the  adoption  of 
the  Los  Angeles  county  charter,  tlie  board 
of  supervisors  have  power  to  appoint  a 
probation  ofllcer  without  waiting  for  the 
removal  of  an  incumbent  holding  under  an 
appointment  by  the  juvenile  court. — Gibson 
V.  Civil  Service  Commissioners,  27  Cal.  App. 
396,    150    Pac.    78. 

60.  Snnie — Same. — The  county  charter  of 
Los  Angeles  county  providing  for  the  re- 
moval of  county  officers  supersedes  the 
"juvenile  court  law,"  giving  that  power  to 
the  juvenile  court  judge,  and  vests  it  in  the 
Los  Angeles  board  of  civil  service  commis- 
sioners.— Gibson  v.  Civil  Service  Commis- 
sion,  27  Cal.  App.  396,   150  Pac.   78. 

67.  County  officer. — A  probation  officer  Is 
a  county  officer. — Gibson  v.  Civil  Service 
Commission,    27    Cal.    App.    396,    150    Pac.    78. 

6S.  Payment  of  salary  —  Mandamua  to 
compel. — Mandamus  will  lie  to  compel  the 
payment  of  the  salary  of  a  legally  ap- 
pointed probation  officer  under  the  act  of 
1911  by  the  county  auditor. — Moore  v.  Wil- 
liams, 19  Cal.  App.   600,  127  Pac.   509. 

69.  JuriNdiction  of  court  to  appoint. — 
Even  if  the  legislation  had  made  no  pro- 
vision for  the  appointment  by  the  court 
of  probation  officers,  and  had  made  no 
provision  for  such  officers,  the  court  would 
have  had  jurisdiction,  under  the  act,  to 
make  such  appointment. — Nicholl  v.  Koster, 
157  Cal.   416,   108   Pac.   302. 

70.  Power  of  appointment  by  Jadg:e  not 
unconntitutional. — The  probation  officers 
.appointed  under  the  act  are  not  officers  of 
the  state  government,  and  the  appointment 
of  such  officers  is  not  necessarily  a  part  of 
the  duties  or  functions  of  the  executive 
department  of  the  state  government,  ac- 
cording to  the  system  outlined  In  the  con- 
stitution, and  the  Juvenile  court  Judge,  in 
appointing  such  officers,  does  not  exercise 
functions  Intended  to  be  described  in  the 
constitution  as  those  appertaining  to  the 
executive  department  of  the  state,  and  the 
provision  of  the  act  authorizing  the  ap- 
pointment Is  not  In  conflict  with  article  III 
of  the  constitution. — Nicholl  v.  Koster,  157 
Cal.    416,   108   Pac.   302. 

71.  I.ceiNlntivc  poorer  to  provide  f«»r  ap- 
pointment in  county  org.niiization  net. — The 
legi.slalure  had  power  to  create  a  new 
county  and  provide  for  the  appointment  of 
persons  to  perform  the  duties  thereof,  who 
would  be  county  officers. — Nicholl  v.  Koster, 
157  Cal.  416,  108  Pac.  302. 

72.  DuticM  of. — The  probation  officer  pro- 
vided for  in  the  act,  is  required  to  inquire 
into  the  antecedents,  character,  family,  his- 
tory, environment,  and  cause  of  delin- 
quency of  every  child  brought  before  the 
court,  to  be  present  in  court  and  represent 
the  interests  of  such  child  upon  the  hearing 
as  to  Its  being  delinquent,  to  give  to  the 
court  such  information  and  assistance  as  it 
may  require,  to  tal<e  charge  of  the  child, 
and,  in  some  circumstances,  to  act  in  a  ca- 
pacity similar  to  that  of  a  guardian. — 
Nicholl  V.  Koster,  157  Cal.  416,  108  Pac.  302. 

73.  San   Francisco  city   uud   cuunly    Iron.H- 


I 


1389  KAWEAH    RIVGR.  Acts  2345. 2353 

nry   !■    "county    treasury"  under    the    act. —  San   Francisco   as  to   its   provisions  relating 

The  treasury  of  the  city  and  county  of  San  to    the   compensation    of   the    probation    of- 

Francisco  is,  so  far  as  the  payment  of  the  fleers    of    the    so-called    "juvenile    court." — • 

compensation  of  the  probation  officer  is  con-  Nicholl    v.    Koster,    157    Cal.    416,    108    Pac. 

cerned,    for    that    purpose,    a    county    treas-  302. 

ury.— Nicholl    v.    Koster,    157    Cal.    416,    108  VI.    CONFLICT   OP  LAWS. 

Pac.   302.  tfQ^     lioa     Angeles     county     charter     pro- 

74.  Same — Payment  of  probation  officer.  visions  superseded  by  the  "juvenile  court 
— As  the  San  Francisco  charter  neither  law." — The  provisions  of  the  Los  Angeles 
creates  the  office  of  probation  officer  con-  charter  conferring-  exclusive  jurisdiction  in 
templated  by  the  act,  nor  prescribes  the  misdemeanor  cases  upon  the  police  court, 
duties  thereof,  nor  provides  for  the  com-  was  superseded  by  the  "juvenile  court  law" 
pensation  of  such  officer,  there  is  nothing  in  as  to  misdemeanors  under  that  act. — In  re 
its  provisions  which   can   in  any  way  affect  Sing,   13   Cal.   App.   736,   110   Pac.   693. 

the  validity  and  force  of  the  declaration  of  77.  San  Francisco  charter. — The  San 
the  act  that  such  compensation  must  be  Francisco  charter  does  not  control  the  pro- 
paid  out  of  the  county  treasury. — Nicholl  v,  visions  of  this  law,  in  so  far  as  the  law 
Koster,    157   Cal.   416,   108    Pac.   302.  gives    additional    jurisdiction    to    the    supe- 

75.  Same — Act  in  force  in  San  Francisco  rior  court,  prescribes  the  necessary  pro- 
as to  payment  of  salary  of  probation  officer.  cedure  and  provides  the  means  of  exercis- 
— In  the  absence  of  charter  provi.sions,  the  ing  and  enforcing  that  jurisdiction.— 
act   is   in    force    in   the   city   and   county    of  Nicholl  v.  Koster.  157  Cal.  416,  108  Pac.  202. 

CHAPTER  178. 
KAWEAH  RIVER. 

CONTENTS  OF  CHAPTER. 
ACT  2345.    Kaweah  Kiver  Commissioners. 

KAWEAH  RIVER  COMMISSIONERS. 

ACT  2345 — An  act  to  create  a  board  of  commissioners  in  the  county  of  Tulare,  to  define 

their  powers  and  duties,  and  to  appropriate  money  for  the  purpose  thereof. 

History:     Approved  March  15,  1864,  Stats.  1863-64,  p.  167.     Amended 
March  20,  1866,  Stats.  1865-66,  p.  314. 

The  commissioners  Tvere  empowered  to  open  the  old  channel  of  the  river,  remove  drift, 
trees  and   beaver  dams. 

KEEPER  OF  ARCHIVES. 
See  Kerr's  Cyc.  Political  Code,  H  412,  413. 

CHAPTER  179. 
KELP. 

CONTENTS  OF  CHAPTER. 
ACT  2353.     Kelp  Act. 

KELP  ACT. 
ACT  2353 — An  act  to  regulate  the  taking  and  harvesting  of  kelp  and  other  aquatic 
plants  of  the  state  of  California  by  recognizing  and  declaring  their  ownership  in  the 
state  of  California  and  providing  for  the  control  thereof  by  the  fish  and  game  com- 
missioners, and  providing  for  a  license  tax  upon  all  persons,  firms  or  corporations 
engaged  in  the  industry  of  taking  or  harvesting  kelp  or  other  aquatic  plants,  and  pro- 
viding for  the  collection  and  disbursement  of  the  revenues  derived  therefrom,  and 
providing  for  a  privilege  tax  upon  all  kelp  taken  in  the  waters  of  this  state,  and 
providing  for  the  protection  of  kelp  beds,  and  for  the  manner  of  taking  kelp  and 
other  aquatic  plants,  and  providing  for  hearings  by  the  fish  and  game  commissioners, 
and  providing  penalties  for  the  violation  of  this  act. 

History:     Approved  May  18,  1917.     In  effect  July  27,  1917.     Stats. 
1917,  p.  646. 


Act  2353.  88  1-6  GKNKRAL   LAWS.  1300 

Kelp  state  property. 

^  1.  All  kelp  and  other  aquatic  plants  in  the  waters  of  the  state  are  hereby  declared 
to  be  the  property  of  the  state  of  California. 

Powers  of  board  of  fish  and  game  commissioners. 

^  2.  The  board  of  fish  and  game  commissioners  of  the  state  of  California  are  hereby 
empowered  to  carry  out  the  provisions  of  this  act,  and  to  make  proper  rules  and  regu- 
lations for  the  taking  and  han-esting  of  kelp,  and  the  conservation  of  kelp  and  aquatic 
plants,  and  to  see  that  the  laws,  rules  and  regulations  with  reference  thereto  are  strictly 
enforced,  and  to  issue  all  licenses  herein  provided  for,  and  collect  the  fees  therefor,  and 
to  collect  all  moneys  due  or  to  become  due  under  this  act. 

License  to  harvest  kelp. 

$  3.  Ever>'  person,  firm  or  corporation,  desiring  to  engage  in  taking  or  harvesting 
kelp  or  other  aquatic  plants  for  profit  in  the  waters  of  this  state  must  tirst  obtain  a 
license  before  engaging  in  such  occupation. 

Term.    Fee.    Privilege  tax. 

$  4.  Licenses  granting  the  privilege  to  take  or  harvest  kelp  in  this  state  shall  be 
issued  and  delivered  upon  application  by  the  state  board  of  fish  and  game  commissioners, 
who  shall  prepare  suitable  licenses,  which  shall  license  the  holder  of  such  license  to 
take  or  harvest  kelp  or  other  aquatic  plants  in  this  state  for  the  term  of  one  year  from 
the  date  of  the  issuance  of  such  license.  All  licenses  shall  be  numbered  consecutively, 
and  shall  contain  blanks  for  the  name  of  the  licensee,  and  place  of  business,  which 
information  shall  be  furnished  by  the  applicant  to  the  board  of  fish  and  game  commis- 
sioners. The  license  herein  provided  for  shall  be  issued  to  such  applicant  upon  payment 
of  ten  dollars  and  before  such  license  is  delivered  to  the  applicant  said  license  must 
be  countersigned  by  the  president  of  the  board  of  fish  and  game  commissioners,  and 
in  addition  to  such  license  fee  every  person,  firm  or  corporation  taking  or  harvesting 
kelp  shall  pay  a  privilege  tax  of  one  and  one-half  cents  per  ton  of  wet  kelp  taken  or 
harvested. 

Kecord  of  kelp  harvested. 

^  5.  Every  person,  firm  or  corporation  engaged  in  taking  or  harvesting  kelp  in  the 
waters  of  this  state  shall  cause  to  be  weighed,  all  wet  kelp  immediately  after  said  kelp 
shall  be  delivered  to  the  place  of  business  designated  in  said  license,  and  the  weight 
thereof  shall  be  entered  in  a  book,  or  books,  to  be  kept  by  said  person,  firm  or  corpora- 
tion, said  book  or  books  to  be  open  at  all  times  to  the  inspection  of  the  board  of  fish 
and  game  commissioners,  or  any  of  its  deputies;  every  person,  firm  or  corporation 
engaged  in  taking  or  har\-esting  kelp  shall  on  or  before  the  tenth  day  after  the  last  day 
of  each  month  during  the  term  of  said  license,  render  a  statement  of  the  weight  of  all 
wet  kelp  cut  or  harvested  during  the  preceding  month,  and  pay  to  the  board  of  fish  and 
game  commissioners,  the  privilege  tax  herein  provided  for. 

Notice  of  closing  kelp  beds.    Hearing. 

$  6.  If  at  any  time  the  taking  or  har\'esting  of  kelp  will  tend  to  destroy  or  impair 
any  kelp  bed  or  beds  or  parts  thereof,  or  shall  tend  to  impair  or  destroy  the  supply  of 
any  food  for  game  fish,  said  fish  and  game  commission  shall  cause  to  be  served  on  every 
person,  firm  or  corporation,  licensed  to  take  or  harvest  kelp  in  the  waters  of  this  state, 
a  notice  in  writing  that  said  kelp  bed  or  beds  or  parts  thereof  shall  be  closed  to  the 
taking  or  harvesting  of  kelp  for  a  period  not  to  exceed  one  year.  Within  ten  days  after 
the  service  upon  any  person,  firm  or  corporation  licensed  to  take  or  harvest  kelp  under 
the  provisions  of  this  act,  of  a  notice  that  any  kelp  bed  or  beds  or  parts  thereof  are 
closed  to  the  taking  or  harvesting  of  kelp,  said  person,  firm  or  corporation  may  demand 


I 


1301  KELP.  Act  2353 

a  hearing  upon  the  necessity  for  making  such  order,  by  serving  on  the  board  of  fish  and 
game  commissioners  a  demand  to  be  heard  upon  the  necessity  for  closing  said  kelp  bed 
or  beds  or  parts  thereof  for  the  taking  or  harvesting  of  kelp,  and  upon  such  demand 
for  a  hearing,  said  board  of  fish  and  game  commissioners  shall  fix  a  time  and  place  for 
the  taking  of  evidence  upon  the  necessity  of  closing  said  bed  or  beds  or  parts  thereof, 
which  time  shall  be  not  less  than  ten  days  nor  more  than  thirty  days  from  the  date  of 
such  demand  for  a  hearing,  and  said  fish  and  game  commission  shall  cause  notices  in 
writing  to  said  time  and  place  to  be  served  upon  the  party  or  parties  making  a  demand 
for  said  hearing  at  least  ten  days  before  the  day  set  for  the  hearing,  and  if  no  demand 
is  made  for  a  hearing  within  the  time  prescribed  herein,  said  kelp  bed  or  beds  or  parts 
thereof  shall  remain  closed  to  the  taking  or  harvesting  of  kelp  for  the  time  mentioned  in 
said  order. 

Complaint.    Answer.    Evidence.    Witness  fees.    Powers  of  superior  court. 

Complaint  may  be  made  by  the  commission  or  any  of  its  deputies  against  any  person, 
finn  or  corporation  licensed  to  cut  or  harvest  kelp  in  the  waters  of  this  state  for  any 
violation  of  the  laws  of  this  state,  or  any  rules  or  regulations  made  by  the  board  of 
fish  and  game  commissioners  for  the  taking  or  harvesting  of  kelp.  Said  complaints 
shall  be  made  in  writing,  setting  forth  the  particular  offense  charged  to  have  been 
committed  by  said  person,  firm  or  corporation,  a  copy  of  which  shall  be  filed  with  the 
board  of  fish  and  game  commissioners  and  a  copy  of  the  same  served  upon  the  person, 
firm  or  corporation  so  charged.  Said  person,  firm  or  corporation  must  appear  or  file  an 
answer  within  five  days  from  the  date  of  service  of  a  copy  of  said  complaint,  and  if 
default  be  made,  the  board  of  fish  and  game  commissioners  shall  issue  an  order  revoking 
said  license  for  the  period  hereinafter  prescribed  in  this  act,  and  said  board  of  fish  and 
game  commissioners  shall  fix  a  time  and  place  for  the  hearing  of  said  charges,  not  less 
than  ten  days  nor  more  than  thirty  days  from  the  filing  of  said  charges,  and  if  the 
party  accused  appears  and  answers,  a  day  may  be  fixed  within  the  time  prescribed  in 
this  act  to  take  testimony.  The  evidence  in  any  investigation,  inquiry  or  hearing  upon 
the  necessity  for  closing  any  kelp  bed  or  beds  or  parts  thereof  and  the  evidence  in  any 
hearing  upon  any  charges  made  against  any  person,  firm  or  corporation  for  violating 
any  of  the  laws  of  the  state  of  California  for  the  preservation  of  kelp,  or  of  the  rules 
and  regulations  of  the  board  of  fish  and  game  commissioners  regulating  the  taking  and 
harvesting  and  handling  of  kelp  provided  for  in  this  section  may  be  taken  by  any  mem- 
ber of  the  board  of  fish  and  game  commissioners,  or  such  deputy  fish  and  game  commis- 
sioner or  employee  as  the  board  may  designate  to  take  such  evidence;  and  each  member 
of  the  board  and  any  of  its  deputies  or  employees  designated  to  take  evidence  at  the 
hearing  provided  hereby  shall  have  the  power  to  administer  oaths,  take  afiSdavits  and 
issue  subpoenas  for  the  attendance  of  witnesses  at  such  hearing.  Each  witness  legally 
subpoenaed  attending  a  hearing  shall  receive  for  his  attendance  the  same  fees  and  mile- 
age allowed  by  law  to  a  witness  in  civil  cases,  which  amount  shall  be  paid  by  the  party 
at  whose  request  such  witness  is  subpoenaed.  The  superior  court  in  and  for  the  county 
or  city  and  county  in  which  any  inquiry,  investigation,  hearing  or  proceeding  may  be 
held  under  authoritity  of  this  section,  shall  have  power  to  compel  the  attendance  of 
witnesses,  the  giving  of  testimony  and  the  production  of  papers,  as  required  by  any 
subpoena  issued  under  authority  of  this  section. 

Report  of  failure  to  obey  subpoena. 

The  commission  or  representative  of  the  commission  before  whom  the  testimony  is  to 
be  given  or  produced  may  in  the  case  of  refusal  of  any  witness  to  attend,  or  testify  or 
produce  any  papers  required  by  such  subpoena,  report  to  the  superior  court  in  and  for 
the  county  or  city  and  county  in  which  the  proceeding  is  pending  by  petition  setting 
forth  that  due  notice  has  been  given  of  the  time  and  place  of  the  attendance  of  said 


Act  2353.  §S  7-8  GENERAL   LAWS.  1392 

witness  or  the  production  of  said  papers  and  that  the  witness  has  been  summoned  in 
the  manner  prescribed  in  this  act  and  that  the  witness  has  failed  and  refused  to  attend 
or  produce  the  papers  required  by  the  subpoena  before  the  commission  or  its  repre- 
sentatives, in  the  case  or  proceeding  named  in  the  notice  of  time  and  place  of  hearing 
and  subpoena,  or  has  refused  to  answer  questions  propounded  to  him  in  the  course  of 
said  proceeding,  and  ask  an  order  of  said  court  to  compel  the  witness  to  attend  and 
testify  or  produce  said  papers  before  the  commission  or  its  representatives. 

Order  of  court. 

The  court  upon  the  petition  of  the  commission  or  its  representatives,  shall  enter  an 
order  directing  the  witness  to  appear  before  the  court  at  any  time  and  place  to  be  fixed 
by  the  court  in  such  order,  the  time  to  be  not  more  than  ten  days  from  the  date  of  the 
order,  and  then  and  there  show  cause  why  he  has  not  attended  and  testified  or  produced 
said  papers  before  the  commission  or  its  representative.  A  copy  of  said  order  shall  be 
served  upon  said  witness.  If  it  shall  appear  to  the  court  that  said  subpoena  was  regu- 
larlv  issued  by  the  commission  or  its  representative  the  court  shall  thereupon  enter  an 
order  that  said  witness  shall  appear  before  the  commission  or  its  representatives  at  the 
time  and  place  entered  in  said  order,  and  testify  or  produce  the  required  papers,  and 
upon  failure  to  obey  said  order  said  witness  shall  be  dealt  with  as  for  contempt  of 
court. 

Deposition  of  witnesses. 

The  commission  or  its  representatives,  or  any  party  designated  by  the  fish  and  game 
commission  may,  in  any  investigation  or  hearing  before  the  commission,  or  its  represen- 
tatives, cause  the  deposition  of  witnesses,  residing  within  or  without  the  state,  to  be 
taken  in  the  manner  prescribed  lay  law  for  like  depositions  in  civil  actions  in  the  supe- 
rior courts  of  this  state,  and  to  that  end  may  compel  the  attendance  of  witnesses  and 
the  production  of  documents  and  papers. 

Revocation  of  license. 

§  7.  If  any  person,  firm  or  eorjioration,  taking  or  harvesting  kelp  from  any  bed  or 
beds  or  parts  thereof,  after  service  of  a  notice  that  said  bed  or  beds  or  parts  thereof 
are  closed  to  the  taking  or  harvesting  of  kelp,  takes  or  harvest  any  kelp  between  the 
time  of  the  service  of  said  notice  and  the  decision  of  the  board  of  fish  and  game  com- 
missioners-upon  the  hearing  for  the  necessity  for  closing  said  kelp  bed  or  beds  or  parts 
thereof,  his  license  may  be  revoked  for  a  period  not  to  exceed  one  year. 

Revocation  of  license. 

§  8.  If  any  person,  firm  or  corporation,  licensed  to  take  or  harvest  kelp  in  the  waters 
of  this  state  shall  violate  any  of  the  laws  of  the  state  of  California,  regulating  the  tak- 
ing and  har\'esting  of  kelp,  or  any  rule  or  regulation  of  the  board  of  fish  and  game 
commissioners  regarding  the  taking  or  harvesting  of  kelp,  said  board  of  fish  and  game 
commissioners  may,  after  a  hearing,  as  provided  herein,  revoke  said  license  and  with- 
hold the  issuance  of  a  new  license  to  any  such  j)erson,  firm  or  corporation  for  a  period 
not  to  exceed  one  year  thereafter. 

Penalty. 

^  9.  Every  person,  firm  or  corporation,  who  takes  or  harvests  kelp  or  otlier  aquatic 
plants  for  profit  in  this  state,  without  first  obtaining  a  license  therefor,  is  guiltj'  of  a 
misdemeanor  and  upon  conviction  shall  be  punished  by  a  fine  of  not  less  than  fifty 
dollars  nor  more  than  five  hundred  dollars,  or  by  imprisonment  in  the  county  jail,  in 
the  county  in  which  conviction  shall  be  had  for  not  less  than  fifty  days  nor  more  than 
one  hundred  and  fifty  days,  or  by  both  such  fine  and  imprisonment. 


]3!)3  KRRN    COUNTY.  Acts  2361, 2307,  §§  1, 3 

Fines  paid  to  "state  university  fund." 

All  fines  and  forfeitures  collected  for  any  violation  of  this  act  and  all  licenses  fees 
and  two-thirds  of  the  moneys  collected  from  the  privilege  tax  under  this  act  must  be 
jjaid  into  the  state  treasury  to  the  credit  of  the  fish  and  game  preservation  fund  and 
one-third  of  the  moneys  collected  from  the  privilege  tax  under  this  act  must  be  paid 
into  the  state  treasury  to  the  credit  of  the  "state  university  fund."  The  amount  so 
paid  to  the  "state  university  fund"  in  accordance  with  the  direction  of  this  section,  is 
liereby  appropriated  to  be  expended  annually  in  accordance  with  law  by  the  Scripps 
Institute  of  Biological  Research. 

License  not  required,  when. 

§  10.  The  fish  and  game  commission  of  this  state  shall  have  the  power,  subject  to 
such  rules  and  regulations  as  it  may  deem  proper,  to  grant  permits  to  any  department  of 
the  United  States  government  or  to  any  scientific  or  any  educational  institution  to  take 
or  harvest  kelp  at  any  and  all  times  for  scientific  or  experimental  purposes  without 
the  payment  of  the  kelp  license  or  privilege  tax  herein  provided. 

Repealed. 

$  11.    All  acts  and  parts  of  acts  in  conflict  herewith  are  hereby  repealed. 

KENNETT. 

See  Act  3094,  note. 


CHAPTER  180. 

KERN  COUNTY. 

References:      Boundary,  see  Kerr's  Cyc.  Political  Code,  §3923;    and  see  tit.  "County 
Boundaries." 
County  Government,  etc.,  see  Kerr's  Cyc.  Political  Code,  §§  4000,  et  seq. 

CONTENTS  OF  CHAPTER. 

ACT  2361.    Issue  of  Bonds  to  Pay  County  Indebtedness. 
2367.     Increase  of  Superior  Judges. 
2371.     Salaries  of  Superior  Judges. 

ACT  2361 — An  act  to  provide  for  the  issuance  of  bonds  in  the  county  of  Kern,  for  the 

payment  of  the  indebtedness  of  said  county. 

History:     Approved  March  31,  1876,  Stats.  1875-76,  p.  645. 

This  act  authorized  the  issue  of  $40,000  ten  per  cent  bonds,  due  January  1,  1896,  for  the 
purpose  indicated. 

INCREASE  OF  SUPERIOR  JUDGES. 

ACT  2367 — An  act  to  increase  the  number  of  judges  of  the  superior  court  of  the  county 

of  Kern,  and  to  provide  for  the  appointment  of  an  additional  judge. 

History:  Approved  April  14,  1913.  In  effect  August  10,  1913.  Stats. 
1913,  p.  23.  Prior  act  of  February  17,  1903,  Stats.  1903,  p.  30,  increased 
the  number  of  judges  from  one  to  two. 

Additional  judge  for  Kern  county. 

§  1.  The  number  of  judges  of  the  superior  court  of  the  county  of  Kern,  is  hereby 
increased  from  two  to  three. 

§  2.  Within  thirty  days  after  the  taking  effect  of  this  act,  the  governor  shall  appoint 
one  additional  judge  of  the  superior  court  of  the  county  of  Kern,  state  of  California, 
who  shall  hold  office  until  the  first  Monday  after  the  first  day  of  January,  A.  D.  nineteen 
hundred  and  fifteen.     At  the  general  election  to  be  held  in  November,  1914,  a  judge  of 

Gen   Laws — 88 


Act*  2371-2380 


GENERAL   LAWS.  1394 


the  superior  court  of  said  county  shall  be  elected  in  said  county,  who  shall  be  the  suc- 
cessor of  the  judge  appointed  hereunder,  to  hold  office  for  the  term  prescribed  by  the 
constitution  and  by  law. 

Appointment  and  term  of  ofllce.    Election. 

^  3.  The  salary  of  said  additional  judge  shall  be  the  same  in  amount,  and  shall  be 
paid  at  the  same  time,  and  in  the  same  manner,  as  the  salary  of  the  other  judges  of  the 
superior  court  of  said  county  now  authorized  by  law. 

SALARIES  OF  SUPERIOR  JUDGES. 

ACT  2371 — An  act  fixing  the  salaries  of  the  judges  of  the  superior  court  of  the  state  of 

California,  in  and  for  the  county  of  Kern,  and  providing  for  the  payment  thereof. 

History:      Approved  May  1,   1911,   Stats.   1911,  p.   1421. 

Salary  of  superior  Judges  of  Kern  county. 

§  1.  The  annual  salary  of  each  of  the  judges  of  the  superior  court  of  the  state  of 
California  in  and  for  the  county  of  Kern  is  five  thousand  dollars;  one-half  thereof  to  be 
paid  by  the  said  state  and  the  other  half  thereof  by  the  said  county;  at  the  same  times 
and  in  like  manner  as  the  salaries  of  the  other  judges  of  the  superior  court  of  said  state 
are  paid. 

Repeal  of  conflicting  acts. 

^  2.  All  acts  and  parts  of  acts  so  far  as  they  conflict  with  this  act  are  hereby 
repealed. 

^  3.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

1.     Act  not  repealed  by  section  737,  Po-  act  containing  no  general  or  special  repeal- 

lltical  Code. — Tliis  act  was  not  repealed  by  ing   clause,    and    making    no   change    in    the 

the   re-enactment   in    1915    of   section   737   of  section   as   it   existed   prior  to   re-enactment 

the   Political   Code,   fixing   salaries   of   supe-  except    in     the    case    of    Sonoma    county. — 

rior  court  judges  in  about  fifty  counties  of  Peairs    v.    Chambers,    28    Cal.   App.    584,    163 

the  state,    including  Kern,    the   re-enacting  Pac.  410. 

KEYES  CREEK. 

See  Kerr's  Cyc.  Political  Code,  §2349. 

KING  CITY. 

See  Act  3094,  note. 


CHAPTER  181. 

KINGS  COUNTY. 

References:      Boundaries,   see   Kerr's   Cyc.   Political   Code,    §3924;    and,   also,   see   tit. 
'County  Boundaries." 
County  government,  etc.,  see  Kerr's  Cyc.  Political  Code,  §§  4000,  et  seq. 

CONTENTS  OF  CHAPTER. 
ACT  2380.     Organization  Act. 

ORGANIZATION  ACT. 

ACT  2380 — To  create  the  county  of  Kings,  to  define  the  boundaries  thereof,  to  fix  the 

county  seat  thereof,  and  to  provide  for  its  organization  and  election  of  officers,  and 

to  classify  said  county. 

History:     Approved  March  22,  1893,  Stats.  1893,  p.  176. 

1.  Constitutionality — Collection  of  t&xes  property  within  the  boundary  of  the  new 
in  new  county. — The  provision  of  section  15  county  is  not  unconstitutional  on  the 
as    to    the    collection    of    taxes    for    1892    on       ground   of  special   legislation   or   that   it   is 


IM5  KMGUTS  LA^TDING.  Act  2395 

not    expressed    In    the    title    of    the    act. —  was  placed  in  the  county  treasuries  for  the 

Kings  County   v.   Johnson,   104   Cal.   198,    37  convenience    of    the    landowner,    and    there 

Pac.    870.  was    no    provision    in    the    organization    act 

2.  Same — Power  to  apportion  debts  of  for  the  transfer  of  any  portion  of  the  fund 
new  county. — The  power  to  apportion  debts  in  the  Tulare  county  treasury  to  Kings 
of  a  new  county  and  an  old,  under  section  3  county,  on  the  latter's  organization. — 
of  article  XI  of  the  constitution  rests  ex-  County  of  Kings  v.  County  of  Tulare,  119 
clusively  with  the  legislation,  and  not  with  Cal.    509,   51   Pac.   866. 

the   courts. — County  of  Tulare  v.   County   of  5.      Mandamu.s — Furnishing  to  collector  of 

Kings,   117  Cal.  195,   49  Pac.  8.  new    county — List    of    unpaid    ta^ces    by    col- 

3.  Action  for  debt  by  old  county  against  lector  of  old  county. — Mandamus  may  issue 
new  county  for  the  latter's  proportion  of  to  compel  the  tax  collector  of  Tulare  county 
debts. — Neither  section  1432  nor  2847,  Civil  upon  his  refusal  on  demand  of  the  tax  col- 
Code,  authorizes  the  mother  county  to  bring  lector  of  Kings  county,  to  furnish  the  list 
an  action  against  the  new  county  for  the  of  unpaid  taxes  on  property  within  Kings 
latter's  just  proportion  of  the  debts  of  the  county  for  year  1892. — Kings  County  v. 
old  county. — County  of  Tulare  v.  County  of  Johnson,  104  Cal.  198,  37  Pac.  870. 
Kings,    117   Cal.    195,    49    Pac.    8.  6.     Same — Same. — It  was  not   the  duty  of 

4.  Swamp  land  fund — State  as  cus-  the  tax  collector  of  Tulare  county  to  col- 
todian. — The  state  has  ceased  to  be  the  lect  any  of  the  taxes  for  the  year  1892,  on 
immediate  custodian  of  the  swamp  land  land  within  the  boundaries  of  Kings  county, 
fund,  but  there  is  nothing  in  any  act  that  unpaid  when  the  demand  provided  for  in 
confers  upon  any  county  any  property  right  section  15  of  the  act  is  made,  and  if  any 
in  and  to  this  fund,  and  there  is  nothing  money  was  collected  on  such  taxes,  the 
in  any  act  from  which  it  may  be  inferred  remedy  is  by  action  for  money  had  and  re- 
that  the  state  has  relinquished  its  right  of  ceived  by  him. — Kings  County  v.  Johnson, 
legislative     control     over     it,     or     has     re-  104  Cal.  198,  37   Pac.  870. 

nounced,    or    transferred    its    trust;    and    it 

KINGSBURG. 

See  Act  3094,  note. 

CAPTER  182. 

KNIGHTS  LANDING. 
Reference:     See  tit.  "Drainage." 

CONTENTS  OF  CHAPTER. 
ACT  2395.    Hogs  and  Goats  Eunning  at  Large. 

HOGS  AND  GOATS  RUNNING  AT  LARGE. 

ACT  2395 — An  act  to  prevent  hogs  and  goats  running  at  large  in. 

History:     Approved  March  20,  1872,  Stats.  1871-72,  p.  438. 

The  code  commissioners  are  of  the  opinion  that  this  act  was  probably  repealed  by  the 
general  estray  law  of  1897;  but  see  editor's  note  to  chapter  on  "Estrays." 

CHAPTER  183. 

LABOR  BUREAU. 

References:     Hours  of  labor,  see  Kerr's  Cyc.  Political  Code,  §  3244. 

Labor  union,  unlawful  use  of  trade  mark,  see  Kerr's  Cyc.  Penal  Code,  §  349b. 

Labor  union,  coercing  persons  not  to  join,  see  Kerr's  Cyc.  Penal  Code,  §  679. 

Lien  for  labor,  see  Kerr's  Cyc.  Civil  Code,  §§  3051,  3052. 

Minors,  see  Kerr's  Cyc.  Penal  Code,  §  651. 

Office  hours,  county  officers,  see  Kerr's  Cyc.  Political  Code,  §  4312. 

Prisoners,  see  Kerr's  Cyc.  Penal  Code,  §§  1613,  1614. 

Public  works,  see  Kerr's  Cyc.  Political  Code,  §  3245. 

Street  cars,  see  Kerr's  Cyc.  Political  Code,  §§  3246,  et  seq. 

Union    labor,   misrepresentation   as   to   employment,   see   Kerr's   Cyc.   Penal   Code 

§§  349a,  349c. 
Water  front,  San  Francisco,  see  Kerr's  Cyc.  Political  Code,  §  2545. 
See,  generally,  tits.  "Hours  of  Labor";   "Infants";   "Master  and  Servant.'* 

CONTENTS  OF  CHAPTER. 
ACT  2401.     Bureau  of  Labor  Statistics. 

2402.  Bureau  of  Labor  Statistics — Attorney, 

2403.  Enforcement  op  Labor  Laws. 

2404.  Protection  of  Wages  Act  of  1868. 


Act  ::401,  gg  1-3  GENERAL   LAWS.  1306 

BUREAU  OF  LABOR  STATISTICS. 
ACT  2401 — An  act  to  establish  and  support  a  bureau  of  labor  statistics. 

History:  Approved  March  3,  1S83,  Stats.  1883,  p.  27.  Amended  (1) 
February  8,  1SS9,  Stats.  1889,  p.  6;  (2)  February  20,  1901,  Stats.  1901, 
p.  12;  (3)  March  15,  1907,  Stats.  1907,  p.  306;  (4)  February  20,  1909, 
Stats.  1909,  p.  36;  (5)  February  13,  1911,  Stats.  1911,  p.  39;  (6) 
April  28,  1911,  Stats.  1911,  p.  1205;  (7)  May  29,  1915.  In  effect 
August  8,  1915.  Stats.  1915,  p.  925.  (8)  May  29,  1915.  In  effect 
August  8,  1915.  Stats.  1915,  p.  928.  (9)  May  10,  1917.  In  effect 
July  27.  1917.  Stats.  1917,  p.  328,  (10)  May  7,  1919.  In  effect  July  22, 
1919.     Stats.  1919,  p.  330. 

Term  of  labor  commissioner. 

^  1.     As  soon  as  possible  after  the  passage  of  this  act,  the  governor  of  this  state  shall 

appoint  a  suitable  person  to  act  as  commissioner  of  a  bureau  of  labor  statistics.     The 

headquarters  of  said  bureau  shall  be  located  in  the  city  and  county  of  San  Francisco. 

Said  commissioner  shall  hold  office  and  serve  solely  at  the  pleasure  of  the  governor,  and 

not  otherwise.     [Amendment  approved  February  13,  1911.    Stats.  1911,  p,  39.] 

Commissioner's  bond. 

^  2.  The  commissioner  of  the  bureau,  before  entering  upon  the  duties  of  his  office, 
must  execute  an  official  bond  in  the  sum  of  five  thousand  (5000)  dollars  and  take  oath 
of  office,  all  as  prescribed  by  the  Political  Code  for  state  officers  in  general. 

Duties  of  commissioner  enumerated. 

$  3.  The  duties  of  the  commissioner  shall  be  to  collect,  assort,  systematize,  and 
present,  in  biennial  reports  to  the  legislature,  statistical  details,  relating  to  all  depart- 
ments of  labor  in  the  state,  such  as  the  hours  and  wages  of  labor,  cost  of  living,  amount 
of  labor  required,  estimated  number  of  persons  depending  on  daily  labor  for  their  sup- 
port, the  probable  chances  of  all  being  employed,  the  operation  of  labor-saving  ma- 
chinery in  its  relation  to  hand  labor,  etc.     Said  statistics  may  be  classified  as  follows: 

First — In  agriculture. 

Second — In  mechanical  and  manufacturing  industries. 

Third — In  mining. 

Fourth — In  transportation  on  land  and  water. 

Fifth — In  clerical  and  all  other  skilled  and  unskilled  labor  not  above  enumerated. 

Sixth — The  amount  of  cash  capital  invested  in  lands,  buildings,  machinery,  material, 
and  means  of  production  and  distribution  generally. 

Seventh — The  number,  age,  sex,  and  condition  of  persons  employed;  the  nature  of 
their  employment;  the  extent  to  which  the  apprenticeship  system  prevails  in  the  various 
skilled  industries;  the  number  of  hours  of  labor  per  day;  the  average  length  of  time 
employed  per  annum,  and  the  net  wages  received  in  each  of  the  industries  and  employ- 
ments enumerated. 

Eighth — The  number  and  condition  of  the  unemployed,  their  age,  sex,  and  nation- 
ality, together  with  the  causes  of  their  idleness. 

Ninth — The  sanitary  condition  of  lands,  workshops,  dwellings,  the  number  and  size 
of  rooms  occupied  by  the  poor,  etc.;  the  cost  of  rent,  fuel,  food,  clothing,  and  water  in 
each  locality  of  the  state;  also  the  extent  to  which  labor-saving  processes  are  employed 
to  the  displacement  of  hand  labor. 

Tenth — The  number  and  condition  of  the  Chinese  in  the  state;  their  social  and  sani- 
tary habits;  number  of  married,  and  of  single;  the  number  employed,  and  the  nature 
of  their  employment;  the  average  wages  per  day  at  each  emploj^ment;  and  the  gross 
amount  yearly;  the  amounts  expended  by  them  in  rent,  food,  and  clothing,  and  in 
what  proportion  such  amounts  are  expended  for  foreign  and  home  productions,  respec- 
tively; to  what  extent  their  employment  comes  in  competition  with  the  white  industrial 
classes  of  the  state. 


laor  LABOR   BUREAU.  Act  2401,  §§  4-7 

Eleventh — The  miinber,  condition,  and  nature  of  the  employment  of  the  inmates  of 
the  state  prison [s],  county  jails,  and  reformatory  institutions,  and  to  what  extent  their 
employment  comes  in  competition  with  the  labor  of  mechanics,  artizans,  and  laborers 
outside  of  these  institutions. 

Twelfth — All  such  other  information  in  relation  to  labor  as  the  commissioner  may 
deem  essential  to  further  the  object  sought  to  be  obtained  by  this  statute,  together  with 
such  strictures  on  the  condition  of  labor  and  the  probable  future  of  the  same  as  he  may 
deem  good  and  salutary  to  insert  in  his  biennial  reports. 

State  department  officers  to  assist. 

§  4.  It  shall  be  the  duty  of  all  officers  of  state  departments,  and  the  assessors  of  the 
various  counties  of  the  state,  to  furnish,  upon  the  written  request  of  the  commissioner, 
all  the  information  in  their  power  necessary  to  assist  in  carrying  out  the  objects  of  this 
act;  and  all  printing  required  by  the  bureau  in  the  discharge  of  its  duty  shall  be  per- 
formed by  the  state  printing  department,  and  at  least  three  thousand  (3000)  copies  of 
the  printed  report  shall  be  furnished  the  commissioner  for  free  distribution  to  the 
public 

Penalty  for  ohstructing. 

§  5.  Any  person  who  wilfully  impedes  or  prevents  the  commissioner  or  his  deputy 
in  the  full  and  free  performance  of  his  or  their  duty,  shall  be  guilty  of  a  misdemeanor, 
and  upon  conviction  of  the  same  shall  be  fined  not  less  than  ten  (10)  nor  more  than 
fifty  (50)  dollars,  or  imprisonment  not  less  than  seven  (7)  nor  more  than  thirty  (30) 
days  in  the  county  jail,  or  both. 

Office  hours. 

^  6.  The  office  of  the  bureau  shall  be  open  for  business  from  nine  (9)  o'clock  a.  m. 
until  five  (5)  o'clock  p.  m.  every  day  except  non-judicial  days,  and  the  officers  thereof 
shall  give  to  all  persons  requesting  it  all  needed  information  which  they  may  possess. 

Powers  of  lahor  commissioner  and  deputies.    Seal.    Access  to  places  of  labor. 

$  7.  The  commissioner  and  his  representatives  duly  authorized  by  him  in  writing  shall 
have  the  power  and  authority,  when  in  his  judgment  he  deems  it  necessary,  to  take  assign- 
ments of  wage  claims  and  iDrosecute  actions  for  the  collection  of  wages  and  other  demands 
of  persons  who  are  financially  unable  to  employ  counsel  in  cases  in  which,  in  the  judgment 
of  the  commissioner,  the  claims  for  wages  are  valid  and  enforceable  in  the  courts;  to  issue 
subpoenas,  to  compel  the  attendance  of  witnesses  or  parties  and  the  production  of  books, 
papers  or  records,  and  to  administer  oaths  and  to  examine  witnesses  under  oath,  and  to 
take  the  verification  or  proofs  of  instruments  of  writing,  and  to  take  depositions  and 
affidavits  for  the  purpose  of  carrying  out  the  provisions  of  this  act  and  all  other  acts 
now  or  hereafter  placed  in  the  bureau  for  enforcement.  The  commissioner  shall  have  a 
seal  inscribed  "Bureau  of  Labor  Statistics — State  of  California"  and  all  courts  shall 
take  judicial  notice  of  such  seal.  Obedience  to  subpoenas  issued  by  the  commissioner 
or  his  duly  authorized  representatives  shall  be  enforced  by  the  courts  in  any  county  or 
city  and  county.  The  commissioner  and  his  representatives  shall  have  free  access  to  all 
places  and  works  of  labor,  and  any  principal,  owner,  operator,  manager,  or  lessee  of 
any  mine,  factory,  workshop,  manufacturing  or  mercantile  establishment,  or  any  agent 
or  employee  of  such  principal,  owner,  operator,  manager  or  lessee  who  shall  refuse  to 
said  commissioner,  or  his  duly  authorized  representative,  admission  therein,  or  who 
shall,  when  requested  by  him,  wilfully  neglect  or  refuse  to  furnish  to  him  any  statistics 
or  information,  pertaining  to  his  lawful  duties,  which  may  be  in  his  possession  or  under 
the  control  of  said  principal,  owner,  operator,  lessee,  manager  or  agent  thereof,  shall  be 


Act  2401,  §§8-12  GENKRAL   LAWS.  1308 

punished  by  a  fine  of  not  more  than  two  hundred  dollars,     [Amendment  of  May  7,  1919. 
In  effect  July  22,  1919.    Stats.  1919,  p.  330.] 

This  section  was  also  amended  February  8,  1880,  Stats.  1889,  p.  6;  May  29,  1915,  Stats. 
1915,  p.  925. 

Information  to  be  confidential.    Violation  of  confidence  and  penalty.  • 

$  8.  No  use  shall  be  made  in  the  reports  of  the  bureau  of  the  names  of  individuals, 
firms,  or  corporations  supplying  the  information  called  for  by  this  act,  such  information 
being  deemed  confidential,  and  not  for  the  purpose  of  disclosing  any  person's  affairs; 
and  any  agent  or  employee  of  said  bureau  violating  this  provision  shall  be  deemed  guilty 
of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  punished  by  a  fine  not  to  exceed 
five  hundred  dollars  or  by  imprisonment  in  the  county  jail  not  to  exceed  six  months. 
[New  section  added  February  8,  1889.    Stats.  1889,  p.  6.] 

The  original  section  was  amended  and  changed  to  §  9  in  1889,  Stats.  1889,  p.  7. 

Assistants  of  labor  commissioner.     Offices. 

§  9.  The  commissioner  shall  appoint  two  deputies  who  shall  have  the  same  power 
as  said  commissioner;  an  assistant  deputy  who  shall  reside  in  the  county  of  Los  An- 
geles; a  statistician  and  chief  examiner;  a  stenographer;  and  such  agents  or  assist- 
ants as  he  may  from  time  to  time  require,  at  such  rate  of  wages  as  he  may  prescribe, 
and  actual  traveling  expenses  for  each  person  while  employed.  He  shall  procure  rooms 
necessars^  for  offices  in  San  Francisco,  Los  Angeles,  Sacramento,  San  Diego,  and  in  such 
other  places  as  he  may  deem  necessary,  at  a  rent  not  to  exceed  the  sum  of  four  hundred 
dollars  per  month.  [Amendment  of  May  10,  1917.  In  effect  July  27,  1917.  Stats. 
1917,  p.  328.] 

This  was  originally  §  8.  It  was  changed  to  §  9  February  8,  1889,  Stats.  1889,  p.  7,  and 
amended  by  the  same  act,  and  again  amended  March  15,  1907,  Stats.  1907,  p.  306;  Febru- 
ary 20,  1909,  Stats.  1909,  p.  36;  April  28,  1911,  Stats.  1911,  p.  1205;  May  29,  1915,  Stats.  1915. 
p.   928. 

Salaries.     Traveling  expenses. 

§  10.     The  salai*3'  of  the  commissioner  shall  be  four  thousand  dollars  per  annum;  the 

salary  of  each  deputy  commissioner  shall  be  two  thousand  four  hundred  dollars  per 

annum ;  the  salary  of  the  assistant  deputy  shall  be  two  thousand  one  hundred  dollars  per 

annum;  the  salary  of  the  statistician  and  chief  examiner  shall  be  two  thousand  seven 

hundred  dollars  per  annum;  the  salary  of  the  stenographer  shall  be  one  thousand  two 

liundred  dollars  per  annum;   to  be  audited  by  the  controller  and  paid  by  the  state 

treasurer  in  the  same  manner  as  other  state  officers.     There  shall  also  be  allowed  a 

sum  not  to  exceed  forty  thousand  dollars  per  annum  for  salaries  of  agents  or  assistants, 

for  traveling  expenses,  and  for  other  contingent  expenses  of  the  bureau.     [Amendment 

of  May  10,  1917.     In  effect  July  27,  1917.     Stats.  1917,  p.  328.] 

This  was  originally  §  9.  It  was  changed  to  §  10  February  8,  1889,  Stats.  1889,  p.  7,  and 
amended  by  the  same  act,  and  again  amended  March  15,  1907,  Stats.  1907,  p.  307;  Febru- 
ary 20,  1909,  Stats.  1909,  p.  36;  April  28,  1911,  Stats.  1911,  p.  1205;  May  29,  1915,  Stats.  1915, 
p.  928. 

Time  of  taking  effect  of  act. 

^11.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

Labor    commissioner   may   condemn    scaffoldings,    etc.,    upon   complaint.     Certificate. 
Procedure. 

^  12.  Whenever  complaint  is  made  to  the  commissioner  that  the  scaffolding  or  the 
slings,  hangers,  blocks,  pulleys,  stays,  braces,  ladders,  irons,  or  ropes  of  any  swinging 
or  stationary  scaffolding  used  in  the  construction,  alteration,  repairing,  painting,  clean- 
ing or  painting  of  building  are  unsafe  or  liable  to  prove  dangerous  to  the  life  or  limb 
of  any  person,  such  commissioner  shall  immediately  cause  an  inspection  to  be  made  of 


1309  LABOR   BUREAU.  Act  2402,  §§  1-4 

such  scaffolding  or  the  slings,  hangers,  blocks,  pulleys,  stays,  braces,  ladders,  iron,  or 
other  parts  connected  therewith.  If  after  examination  such  scaffolding  or  any  of  such 
parts  is  found  to  be  dangerous  to  life  or  limb,  the  commissioner  shall  prohibit  the  use 
thereof,  and  require  the  same  to  be  altered  and  reconstructed  so  as  to  avoid  such 
danger.  The  commissioner,  deputy  commissioner,  or  agent  or  assistant  making  the 
examination  shall  attach  a  certificate  to  the  scaffolding  or  the  slings,  hangers,  irons, 
ropes  or  other  parts  thereof,  examined  by  him,  stating  that  he  has  made  such  examina- 
tion and  that  he  found  it  safe  or  unsafe  as  the  case  may  be.  If  he  declares  it  unsafe, 
he  shall  at  once  in  writing  notify  the  person  responsible  for  its  erection  of  the  fact 
and  warn  him  against  the  use  thereof.  Such  notice  may  be  served  personally  upon  the 
person  responsible  for  its  erection  or  by  conspicuously  affixing  it  to  the  scaffolding  or 
the  part  thereof  declared  to  be  unsafe.  After  such  notice  has  been  so  served  or 
affixed  the  person  responsible  therefor  shall  immediately  remove  such  scaffolding  or 
part  thereof  and  alter  or  strengthen  it  in  such  manner  as  to  render  it  safe,  in  the 
discretion  of  the  officer  who  has  examined  it  or  of  his  superiors.  The  commissioner, 
his  deputy  and  any  duly  authorized  representative  whose  duty  it  is  to  examine  or  test 
any  scaffolding  or  part  thereof  as  required  by  this  section,  shall  have  free  access,  at 
all  reasonable  hours,  to  any  building  or  premises  containing  them  or  where  they  may 
be  in  use.  All  swinging  and  stationary  scaffolding  shall  be  so  constructed  as  to  bear 
four  times  the  maximum  weight  required  to  be  dependent  therefrom  and  placed  thereon, 
when  in  use,  and  not  more  than  four  men  shall  be  allowed  on  any  swinging  scaffolding  at 
one  time.     [New  section  added  February  20,  1901.     Stats.  1901,  p.  12.] 

The  amending  acts  of  1915  and  1917,  contained  the  following  section: 
$  3.     All  the  provisions  of  said  act  in  conflict  with  the  provisions  of  this  act  are 
hereby  repealed. 

BUREAU  OF  LABOR  STATISTICS— ATTORNEY. 
ACT  2402 — An  act  to  create  the  office  of  attorney  for  the  state  bureau  of  labor  statistics. 
History:     Approved  June  4,  1913.    In  effect  August  10,  1913.     Stats. 
1913,  p.  382. 

Attorney  for  state  bureau  of  labor  statistics. 

§  1.  The  office  of  attorney  for  the  state  bureau  of  labor  statistics  is  hereby  created. 
Said  attorney  shall  be  appointed  by  the  commissioner  of  the  bureau  of  labor  statistics. 

Duties. 

§  2.  It  shall  be  the  duty  of  such  attorney  to  act  for  and  represent  the  state  bureau 
of  labor  statistics  and  the  commissioner  thereof  in  all  legal  matters  which  may  require 
the  attention  of  such  state  bureau  of  labor  statistics  and  the  commissioner  thereof,  and 
to  specially  represent  and  act  for  and  in  co-operation  thereof,  when  required,  in  the 
prevention  of  all  acts  and  things  which,  in  the  judgment  of  the  state  bureau  of  labor 
statistics  or  the  commissioner  thereof,  as  will  best  subserve  and  carry  out  the  pro- 
visions of  an  act  entitled,  *  *  An  act  to  establish  and  support  a  bureau  of  labor  statistics, ' ' 
approved  March  3,  1883 ;  and  also,  all  other  acts  which  have  been  or  may  be  hereafter 
designated  by  the  legislature  to  be  enforced  by  said  state  bureau  of  labor  statistics 
or  the  commissioner  thereof,  and  in  all  other  matters  pertaining  to  the  welfare  of 
minors  and  labor  generally  and  to  assist  and  aid  the  said  bureau  and  the  commissioner 
thereof  with  his  advice,  and  to  represent  and  act  for  the  same  in  court. 

Salary. 

$  3.  The  salary  of  such  attorney  shall  be  twenty-four  hundred  dollars  per  annum 
and  shall  be  paid  out  of  the  state  treasui-y,  upon  warrants  drawn  by  the  controller,  in 
the  same  manner  as  the  salaries  of  other  state  officers  are  paid. 

§  4.     All  acts  and  parts  of  acts  in  conflict  with  this  act  are  hereby  repealed. 


Aef«  2403-2413. 81  GENERAL  LAWS.  1400 

ENFORCEMENT  OF  LABOR  LAWS. 
ACT  2403 — An  act  to  provide  for  the  enforcement  of  labor  laws  of  the  state  of  Califor- 
nia by  the  commissioner  of  the  bureau  of  labor  statistics. 

History:     Approved  May  24,  1915.     In  effect  August  8,  1915.     Stats. 
1915,  p.  814. 

Commissioner  of  bureau  of  labor  statistics  to  enforce  labor  laws. 

^  1.  The  oomniissioncr  of  the  bureau  of  labor  statistics  shall  have  authority  and 
power  to  enforce  any  and  all  labor  laws  of  the  state  of  California,  the  enforcement  of 
which  is  not  specifically  vested  in  any  other  officer,  board  or  commission,  and  the  depu- 
ties and  agents  of  the  said  labor  commissioner  shall  have  the  power  and  authority  of 
sheriffs  and  other  peace  officers  to  make  arrests,  and  to  serve  any  process  or  notice 
throughout  the  state  in  the  enforcement  of  such  labor  laws,  pursuant  to  the  instructions 
of  said  commissioner. 

PROTECTION  OF  WAGES  OF  LABOR  ACT  OF  1868. 
ACT  2404 — An  act  to  protect  the  wages  of  labor. 

History:     Approved  March  21,  1868,  Stats.  1867-68,  p.  213.    Amended 
March  2,  1872,  Stats.  1871-72,  p.  205. 

CHAPTER  184. 

LABOR  UNIONS. 

References:      Labor  union,  unlawful  use  of  trade  mark,  see  Kerr's  Cyc.  Penal  Code, 
§349b. 
Labor  union,  coercing  persons  not  to  join,  see  Kerr's  Cyc.  Penal  Code,  §  679. 
Union    labor,   misrepresentation   as   to   employment,   see   Kerr's   Cyc.   Penal   Code, 

§§  349a,    349c. 
See,  generally,  tits.    "Hours  of  Labor";  "Labor  Bureau";  "Master  and  Servant." 

CONTENTS  OF  CHAPTER. 
ACT  2412.     Unlawful.  Wearing  of  Button. 
2418.     Unlawful  Use  of  Card. 

Lien      for      wnsres      payable      weekly      or  introduced    to    carry    out    the    proposal    of 

monthly. — -See  tit.  "Corporation.s,"  Act   1037.  section     4505,     Political    Code,     but     it     was 

1.     Wages    of    laborer.s — Preferred    claim.  amended    at    the    same    session,    and    it    is 

— This    act    made    wages    of    laborers,    me-  doubtful  as  to  the  intention  of  the  legisla- 

chanics,   etc.,   a   preferred  claim   in  cases   of  ture    with    respect    to    it.      It    was    probably 

insolvent    estates,    and    estates    of    deceased  superseded,     in     effect,     by     the     code. — See 

persons.  It  was  included  in  the  general  re-  Kerr's  Cyc.  Code  Civ.  Proc,  §§  1204,  et  seq. 
peal    bill    (S.    bill   No.    519,    session    1871-72), 

UNLAWFUL  AVEARING  OF  BUTTON. 
ACT  2412 — An  act  to  prevent  persons  from  unlawfully  wearing  the  button  of  any  labor 
union  of  this  state. 

History:     Approved  March  20,  1909,  Stats.  1909,  p.  546. 

Labor  unions,  protection  of  button. 

$  1.  Any  person  who  shall  willfully  wear  the  button  of  any  labor  union  of  this  state, 
unless  entitled  to  wear  said  button  under  the  rules  of  such  union,  shall  be  guilty  of  a 
misdemeanor,  and,  upon  conviction,  shall  be  punished  by  imprisonment  for  a  term  not 
to  exceed  twenty  days  in  the  county  jail  or  by  a  fine  not  to  exceed  twenty  dollars,  or  by 
both  such  tine  and  imprisonment. 

UNLAWFUL  USE  OF  CARD. 
ACT  2413 — An  act  to  prevent  persons  from  unlawfully  using  a  union  card. 
History:     Approved  March  22,  1909,  Stats.  1909,  p.  668. 

Union  card,  unlawful  use  of. 

§  1,  Any  person,  who  shall  willfully  use  the  card  of  any  labor  union  to  obtain  aid, 
assistance  or  employment  thereby  within  this  state,  unless  entitled  to  use  said  card 


J^«l  LAKE    BILGISR.  Acts  2417-2428 

under  the  rules  and  regulations  of  a  labor  union  within  this  state,  shall  be  guilty  of  a 
misdemeanor. 

Conflicting  acts  repealed. 

$  2.     All  acts,  and  parts  of  acts,  in  conflict  with  the  provisions  of  this  act,  are  hereby 
repealed. 

CHAPTER  185. 

LAKE  BIGLER. 
Reference:     Fishing  In,  see  tit.  "Game  Laws,"  Act  1724. 

CONTENTS  OF  CHAPTER. 
ACT  2417.    Legalizing  Name. 

LEGALIZING  NATifE. 
ACT  2417 — An  act  to  legalize  the  name  of  Lake  Bigler. 

History:     Approved  February  10,   1870,   Stats.   1869-70,  p.  64. 


CHAPTER  186. 

LAKE  COUNTY. 

References:     Boundaries,  see  Kerr's  Cyc.  Political  Code,  §  3925. 

County  government,  etc.,  see  Kerr's  Cyc.  Political  Code,  §§  4000,  et  seq. 

CONTENTS  OF  CHAPTER. 

ACT  2422.     Issue  of  Bonds  to  Pay  Judgment. 

2424.     Transfer  and  Loan  of  Swamp  Land  Funds. 
2428.     Restrict  Herding  of  Sheep  and  Goats. 

ISSUE  OF  BONDS  TO  PAY  JUDGMENT. 

ACT  2422 — An  act  to  authorize  the  board  of  supervisors  of  Lake  County  to  issue  hondx 

of  said  county  to  pay  a  judgment  recovered  against  said  county  in  the  Sixth  Judicial 

District  Court,  in  and  for  Yolo  County,  in  the  state  of  California,  on  May  sixth,  A.  D. 

one  thousand  eight  hundred  and  seventy -five. 

History:  Approved  March  11,  1876,  Stats.  1875-76,  p.  209.  Amended 
March  23,  1876,  Stats.  1875-76,  p.  405. 

These  bonds  were  authorized  to  pay  a  judgment  of  the  Clear  Lake  Water  Works  Com- 
pany against  the  county. 

TRANSFER  AND  LOAN  OF  SWAMP  LAND  FUNDS. 

ACT  2424 — An  act  to  authorize  the  transfer  and  loan  of  certain  funds  in  Lake  county. 

History:     Approved  March  13,  1874,  Stats.  1873-74,  p.  349. 

This  act  authorized  the  transfer  of  moneys  from  the  Swamp  Land  Fund  to  the  General 
Road  Fund. 

RESTRICT  HERDING  OF  SHEEP  AND  GOATS. 

ACT  2428 — An  act  to  prevent  sheep  and  goats  from  being  herded  or  from  running  at 

large  in  parts  of.     [Stats.  1877-78,  p.  685.] 

History:  Approved  March  29,  1878,  Stats.  1877-78,  p.  685.  Prior 
act  March  18,  1874,  Stats.  1873-74,  p.  434.  Amended  March  16,  1876, 
Stats.  1875-76,  p.  312,  restricting  the  herding  of  sheep,  covered  a  part, 
at  least,  of  the  same  territory,  and  so  far  as  the  territory  was  the 
same,  was  superseded  by  the  present  act. 

The  code   commi.ssioner   is   of   the   opinion   that   this   act   was    superseded   by   the   gpeneral 
estray  law  of  1897;  but  see  editor's  note  to  chapter  on  "Estrays." 


Ait>  243i-.i444 


GENERAL   LAWS. 


t4M 


CHAPTER  187. 
LAKE  EARL. 

Reference:     Seo  tit.  "Drainage  Districts." 

CONTENTS  OF  CHAPTER. 
ACT  2434.    Permanently  Dbainino. 

PFRMANENTLY  DRAINING  LAKE  EARL. 
ACT  2434— An  act  to  provide  for  permanently  draining  Lake  Earl  in  Del  Norte  county, 
and  makinij  an  appropriation  therefor. 

History:     Approved  March  11,  1907,  Stats.  1907,  p.  207. 

CHAPTER  188. 

LAKEPORT. 

Reference:     Incorporation,  see  Act  3094,  note. 

CONTENTS  OF  CHAPTER. 
ACT  2439.    Hogs  Running  at  Large. 

HOGS  RUNNING  AT  LARGE. 

ACT  2439 — An  act  to  prevent  hogs  from  running  at  large  in  the  towns  of  Lakeport  and 

Lower  Lake,  in  Lake  county. 

History:     Approved  March  23,  1878,  Stats.  1877-78,  p.  435. 

The   code   conimlnMloner    is   of    the    opinion    that    this    act    was    repealed    by    the    general 
esiray  law  of  18'J7;  but  see  editor's  note  on  chapter  on  "Estrays." 

CHAPTER  189. 

LAKES. 
References:     See,  generally,  tits.  "Drainage  Districts";  "Lake  Earl";  "Lake  Tahoe." 

CONTENTS  OF  CHAPTER. 
ACT  2444.     Lowering  Certain  Lake  Levels  by  United  States  Government. 

LOWERING  CERTAIN  LAKE  LEVELS  BY  UNITED  STATES  GOVERNMENT. 
ACT  2444 — An  act  authorizing  the  United  States  government  to  lower  the  water  levels 
of  any  or  all  of  the  following  lakes:  Lower  or  Little  Klamath  Lake,  Tule  or  Rhett 
Lake,  Goose  Lake,  and  Clear  Lake,  situated  in  Siskiyou  and  Modoc  Counties,  and  to 
use  any  part  or  all  of  the  beds  of  said  lakes  for  the  storage  of  water  in  connection 
with  the  irrigation  and  reclamation  operations  conducted  by  the  Reclamation  Service 
of  the  United  States;  also  ceding  to  the  United  States  all  right,  title,  interest  or  claim 
of  the  state  of  California  to  any  lands  uncovered  by  the  lowering  of  the  water  levels 
of  any  or  all  of  said  lakes  not  already  disposed  of  by  the  state. 

History:      Approved  February  3,   1905,   Stats.   1905,  p.  4. 

LAKE  TAHOE. 

See  tits.  "Highways";  "Lakes."  ' 

LA  MESA. 
See  Act  3094,  note. 


1403 


LARCENY. 


Acts  2465,  24U6,  g  1 


CHAPTER  190. 

LARCENY. 

References:     Animals,  see  Kerr's  Cyc.  Political  Code,  §  487. 

Definition  and  degrees,  see  Kerr's  Cyc.  Penal  Code,  §§  484,  486. 

Dogs,  see  Kerr's  Cyc.  Penal  Code,  §  491. 

Gas,  Kerr's  Cyc.  Penal  Code,  §  498. 

Fire,  goods  saved  from,  in  San  Francisco,  see  Kerr's  Cyc.  Penal  Code,  §  500. 

Fixtures,  severing  from  realty,  see  Kerr's  Cyc.  Penal  Code,  §  495. 

Mortgaged  property,  see  Kerr's  Cyc.  Penal  Code,  §  538. 

Official  records,  see  Kerr's  Cyc.  Penal  Code,  §§  113,  114. 

Vehicle,  see  Kerr's  Cyc.  Penal  Code,  §  499b. 

Water,  see  Kerr's  Cyc.  Penal  Code,  §  499. 

CONTENTS  OF  CHAPTER. 
ACT  2465.     Conversion  of  Fixtures. 

2466.     Gold-dust,  Amalgam,  Quicksilveb. 

CONVERSION  OF  FIXTURES. 
ACT  2465 — An  act  to  more  fully  define  the  crime  of  larceny. 


History; 
2466. 


Approved  March  6,  1872,  Stats.  1871-72,  p.  282.     See  Act 


Grand  larceny. 

§  1.  Every  person  who  shall  convert  any  manner  of  real  estate  of  the  value  of  fifty 
dollars  and  upwards  into  personal  property,  by  severing  the  same  from  the  realty  of 
another,  with  felonious  intent  to  and  shall  so  steal,  take,  and  carry  away  the  same, 
shall  be  deemed  guilty  of  grand  larceny,  and  upon  conviction  thereof  shall  be  punish- 
able by  imprisonment  in  the  state  prison  for  any  term  not  less  than  one  year  nor  more 
than  fourteen  years. 

Petit  larceny. 

$  2.  Every  person  who  shall  convert  any  manner  of  real  estate  of  the  value  of  under 
fifty  dollars  into  personal  property,  by  severing  the  same  from  the  realty  of  another, 
with  felonious  intent  to  and  shall  so  steal,  take,  and  carry  away  the  same,  shall  be 
deemed  guilty  of  petit  larceny,  and  upon  conviction  thereof  shall  be  punishable  by 
imprisonment  in  the  county  jail  for  a  period  not  more  than  one  year,  or  by  fine  not 
exceeding  one  thousand  dollars,  or  by  both  such  fine  and  imprisonment. 


Editor's  note:  This  act  penalized  as  grand 
larceny  the  act  of  removing  fixtures  from 
realty  and  converting  the  same  into  per- 
sonalty, with  intent  to  steal  the  same.  The 
Penal  Code  made  the  same  act  larceny,  but 
brought  the  degree  of  the  crime  within  the 
rules  of  that  code  as  to  the  determination 
of  such  degree.  See  Kerr's  Cyc.  Penal  Code, 
§  495.  As  to  whether  the  act  was  super- 
seded by  the  code,  neither  the  code  com- 
mission nor  the  supreme  court  have  ex» 
pressed  an  opinion,   but  the  supreme  court 


has  referred  to  it  as  an  act  supplementary 
to  the  "crimes  and  punishments  act"  of 
1850,  as  Act  2466  is  declared  to  be  by  the 
legislature,  and  the  court  has  decided  that 
the  latter  act,  passed  by  the  same  legisla- 
ture,  is   in   force  unaffected  by   the  codes. 

1.  Alleg-ation  that  ore  taken  Tvas  severed 
from  the  ground. — It  is  not  necessary  that 
the  information  should  allege  that  the  ore 
taken  had  been  severed  from  the  ground. — 
People  V.  Opie,  123  Cal.  294,  55  Pac.  983,  55 
Pac.    989. 


GOLD-DUST,  AMALGAM,  QUICKSILVER. 
ACT  2466 — An  act  supplementary  to  an  act  entitled  "An  act  concerning  crimes  and 
punishments, ' '  passed  April  sixteenth,  eighteen  hundred  and  fifty. 

History:     Approved  March  20,  1872,  Stats.  1871-72,  p.  435. 
Grand  larceny. 

^  1.  Every  person  who  shall  feloniously  steal,  take,  and  carry  away,  or  attempt  to 
take,  steal,  and  carrj'  from  any  mining  claim,  tunnel,  sluice,  undercurrent,  riffle-box,  or 
sulphurate   [sulphuret-]  machine  any  gold-dust,  amalgam,  or  quicksilver,  the  property 


Act  24S3,  §g  1-4  GENERAL   LAWS.  1404 

of  another,  shall  be  deemed  guilty  of  grand  larceny,  and  upon  conviction  thereof  shall 
be  punished  by  imprisonment  in  the  state  prison  for  any  term  of  not  less  than  one  year 
nor  more  than  fourteen  years. 

Act  takes  effect  when. 

^  2.     This  act  shall  be  in  force  from  and  after  its  passage. 

The   net   makes   the   stealing:   of   gold   ore  1.     Act  construed. — The  act  must  be  con- 

grand  larceny,  whether  severed  from  the  strued  as  having  been  passed  subsequent 
earth,  or  not,  by  the  party  charged. — People  to  the  adoption  of  the  Penal  Code,  and  as 
V.  Opie,   123   Cal.   294,   11  Pac.   801.  in  force. — People  v.  Salvator,  71  Cal.   16,  11 

Pac.   301,   11  Pac.   801. 

LARKSPUR. 

See  Act  3094,  note. 

LASSEN  COUNTY. 
See  Kerr's  Cyc.  Political  Code. 

LA  VERNE. 

See  Act  3094,  note. 

LAW  LIBRARIES. 
See  tit.  "Libraries." 

CHAPTER  19L 
LEASES. 

CONTENTS  OF  CHAPTER. 
ACT  2483.     Certain  Leases  Confirmed  and  Eatified. 

CERTAIN  LEASES  RATIFIED  AND  CONFIRMED. 
ACT  2483 — An  act  concerning  confirming  and  ratifying  leases  and  other  contracts  made 
by  any  officer  or  boards  of  officers  of  this  state. 

History:     Approved  March  23,   1901,   Stats.   1901,  p.  601. 

Ratification  of  leases  made  by  state  officers,  etc. 

$  1.  All  leases  for  terminal  facilities  made  or  executed  by  any  state  officer  or  board 
of  state  officers  to  any  person,  persons  or  corporation  within  two  years  prior  to  the 
passage  of  this  act  and  which  shall  be  on  file  in  the  office  of  the  secretary  of  state  on 
or  before  February  fifteenth,  nineteen  hundred  and  one,  are  hereby  recognized,  approved 
and  ratified,  and  the  terms,  covenants  and  conditions  thereof  shall  bind  the  parties 
thereto,  their  successors  and  assigns  and  the  state  of  California. 

China  basin  lease  ratified. 

^  2.  The  lease  of  the  lands  known  as  China  basin  in  the  city  and  county  of  San 
Fi'aneisco  to  the  San  Francisco  and  San  Joaquin  Valley  Railway  Company  for  terminal 
facilities,  made  on  November  twenty-first,  nineteen  hundred,  by  and  betAveen  said  com- 
pany and  the  board  of  state  harbor  commissioners,  is  hereby  approved  and  ratified,  and 
the  covenants,  conditions  and  terms  thereof  shall  bind  the  parties  thereto,  their  suc- 
cessors and  assigns,  and  the  state  of  California. 

Repeal  of  conflicting  acts. 

§  3.     All  acts  and  parts  of  acts  in  conflict  herewith  are  hereby  repealed. 
$  4.     This  act  shall  take  effect  immediately. 

1.  ConRtitntionnlity— Act  applicable  to  of  tidelands  made  by  a  certain  class  of 
all  tcM.se.s  of  tideland. — This  act  being-  gen-  municipalities,  is  not  invalid  as  special 
eral    in    its    terms,    applicable    to    all    leases        legislation. — San   Pedro,   etc.,   Co.    v.    Hamil- 


i 


1405  LEGAL  TENDER.  Acts  34S8, 3494,  §  1 

ton,  161  Cal.  610,  87  L.  R.  A.  (N.  S.)  686,  3.  Words  and  phrases — A  "lease"  not  a 
119  Pac.  1073.  "grrant." — The  word  "grant"  in  section  3, 
2.  Constitutionality  —  Leasing  of  re-  article  XV,  of  the  constitution,  is  to  be 
claimed  tidelands. — Section  3  of  article  XV  taken  in  its  ordinary  and  generally  ac- 
of  the  constitution,  does  not  forbid  the  cepted  sense,  particularly  where  it  is  used 
legislature  to  lease  reclaimed  tidelands  in  connection  with  the  word  "sale,"  as 
within  two  miles  of  an  incorporated  town  there,  and  so  interpreted,  it  does  not  in- 
or  city,  nor  to  ratify  a  lease  already  made  elude  a  lease. — San  Pedro,  etc.,  Co.  v.  Ham- 
by  a  state  officer  or  board,  as  was  done  by  ilton,  161  Cal.  610,  37  L.  R.  A.  (N.  S.)  686, 
this  act. — San  Pedro,  etc.,  Co.  v.  Hamilton,  119  Pac.  1073. 
161  Cal.  610,  J7  L.  R.  A.  (N.  S.)  686.  119 
Pac.  1078. 

CHAPTER  192. 
LEGAL  TENDER. 

CONTENTS  OF  CHAPTER. 
ACT  2488.    Legal  Tender  Notes  Receivable  at  Par  for  Taxes. 

LEGAL  TENDER  NOTES  RECEIVABLE  AT  PAR  FOR  TAXES. 
ACT  2488 — An  act  in  relation  to  the  currency  of  the  United  States. 

History:      Approved   March  12,   1880,   Stats.   1880,   p.  8.     [Ban.   ed. 
p.  28.] 

Legal-tender  notes  to  be  received  at  par. 

$  1.  All  legal-tender  notes  heretofore  issued,  or  which  may  hereafter  be  issued,  by 
the  government  of  the  United  States  of  America,  as  legal-tender  notes,  shall  be  received 
at  par  in  payment  for  all  taxes  due  or  to  become  due  to  this  state,  or  to  any  county  or 
municipal  corporation  thereof,  and  such  notes  shall  be  a  legal  tender  for  all  debts,  dues, 
and  demands  between  citizens  of  this  state. 

Bepeal  of  conflicting  acts. 

$  2.  All  acts,  and  the  provisions  of  any  act  or  parts  of  acts,  conflicting  with  this  act 
are  hereby  repealed. 

§  3.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

As  to  what  money  constitutes  a  legal  ten-  may  be  paid  in  any  kind  of  money,  notwith- 

der,  see   Kerr's  Cyc.   Civil  Code,   §  1478   and  standing  the  board  of  supervisors  provided 

note.  that    the    assessment   should    be    payable    in 

1.     Lien    may    be    paid    in    any     kind    ot  gold  coin. — Perine,  etc.,  Co.  v.  Quackenbush, 

money. — The    lien    of    a    street    assessment  104  Cal.  684,  38  Pac.  633. 


CHAPTER  193. 
LEGISLATION. 

CONTENTS  OF  CHAPTER. 

ACT  2494.    Legislative  Counsel  Bureau. 

2495.     Investigation  of  Highway  Legislation. 

LEGISLATIVE  COUNSEL  BUREAU. 
ACT  2494 — An  act  to  establish  a  legislative  counsel  bureau  and  making  aa  appropria- 
tion therefor. 

History:  Approved  May  26,  1913.  In  effect  August  10,  1913,  Stats. 
1913,  p.  626.  Amended  April  10,  1915.  In  effect  August  8,  1915.  Stats. 
1915,  p.  49.    May  31,  1917.    In  effect  July  30,  1917.    Stats.  1917,  p.  1398. 

Legislative  counsel  bureau  created. 

§  1.     A  bureau  is  hereby  created  to  be  known  as  the  legislative  counsel  bureau,  which 
shall  be  in  charge  of  a  chief,  who  shall  be  a  civil  executive  officer  and  who  shall  be 


Act  2404,      §2,3  GEIVERAL   LAWS.  »400 

known  as  the  legislative  counsel  of  California  and  who  shall  be  appointed  by  the  gov- 
ernor and  who  shall  hold  during  the  pleasure  of  the  governor.  The  legislative  counsel 
shall  be  chosen  without  reference  to  party  affiliations  and  solely  on  the  ground  of  fitness 
to  perform  the  duties  of  his  ofiflce.  [Amendment  of  May  31,  1917.  In  effect  July  30, 
1917.  Stats.  1917,  p.  1398.] 
Duty  of  legislative  counsel. 

^  2.  It  shall  be  the  duty  of  the  legislative  counsel  to  prepare  and  assist  in  the  prep- 
aration, amendment  and  consideration  of  legislative  bills  when  requested  or  upon  sug- 
gestion as  herein  provided.  Upon  request  he  shall  advise  any  state  officer,  commis- 
sioner or  bureau  as  to  the  preparation  of  bills  to  be  submitted  to  the  legislature;  and 
when  requested  so  to  do,  he  shall  advise  as  to  their  work  with  any  legislative  committee 
ai>pointed  to  carry  on  investigations  between  sessions  of  the  legislature.  He  shall  advise 
the  legislature  from  time  to  time  as  to  needed  revision  of  the  statutes.  He  shall  pre- 
sent to  each  session  of  the  legislature  a  statement  calling  attention  to  laws  which  have 
been  repealed  by  implication  or  which  have  been  declared  unconstitutional  by  the  courts 
l)ut  which  have  not  been  expressly  repealed.  It  shall  also  be  the  duty  of  the  legis- 
lative counsel,  whenever  in  his  judgment  there  is  reasonable  probability  that  an  initia- 
tive measure  will  be  submitted  to  the  voters  of  the  state  of  California  under  the  laws 
of  the  state  relating  to  the  submission  of  measures  by  initiative,  to  co-operate  with  the 
[)roponents  of  said  measure  in  the  preparation  of  said  law  when  requested  in  writing  so 
to  do  by  twenty-five  or  more  electors  proposing  such  a  measure.  [Amendment  of  May 
M,  1917.     In  effect  July  30,  1917.     Stats.  1917,  p.  1398.] 

This  section  was  also  amended  April  10,  1915,  Stats.  1915,  p.  49. 

Preparation  of  legislative  biUs. 

§  3.  The  legislative  counsel  shall  prepare  or  assist  in  the  preparation  or  amendment 
of  legislative  bills  at  the  suggestion,  in  writing  and  as  herein  set  forth,  of  the  governor 
of  the  state,  or  of  any  judge  of  the  supreme  court  or  of  the  district  courts  of  appeal  or 
of  the  superior  courts  of  the  state,  or  of  any  committee  of  the  senate  or  assembly  of  the 
legislature  of  the  state.  All  such  suggestions  shall  set  forth  the  substance  of  the  pro- 
visions desired  or  which  maj'  be  needed  with  the  reasons  therefor.  Such  suggestion  by 
a  judge  of  the  supreme  court  shall  be  filed  with  the  clerk  of  that  court.  Such  suggestion 
by  a  judge  of  a  district  court  of  appeal  shall  be  filed  with  the  clerk  of  that  court.  Such 
suggestion  by  a  judge  of  a  superior  court  shall  be  filed  with  the  clerk  of  the  district 
I'ourt  of  appeal  of  the  district  within  which  such  superior  court  is  located.  When  such 
suggestion  is  so  filed  with  the  clerk  of  the  supreme  court  or  of  a  district  court  of  appeal, 
that  clerk  shall  make  and  send  to  the  permanent  office  of  said  bureau  a  certified  copy 
of  such  suggestion,  and  all  other  suggestions  shall  be  filed  at  said  office,  and  all  such 
l)apers  so  received  at  such  office  shall  be  there  permanently  filed  and  recorded  and  copies 
furnished  to  the  legislative  counsel.  The  legislative  counsel  shall  prepare  a  bill  in 
accordance  with  such  suggestion  and  shall  transmit  it  to  the  chairman  of  the  judiciary 
committee  of  each  house  at  the  next  succeeding  session  of  the  legislature. 

Not  to  urge  legislation. 

From  the  time  the  legislature  of  the  state  convenes  until  it  is  adjourned  finally,  the 
legislative  counsel  shall  give  such  consideration  to  and  service  concerning  any  bill  before 
the  legislature,  as  circumstances  will  permit,  and  which  is  in  any  way  requested  by  the 
governor  of  the  state  or  the  senate  or  the  assembly  or  any  committee  of  the  legislature 
having  such  bills  before  it  for  consideration,  and  after  such  adjournment  the  legislative 
counsel  shall  still  remain  so  subject  to  such  request  by  the  governor  of  the  state  as  to 
any  bill  still  in  his  hands  for  rejection  or  approval  or  other  action.  Neither  the  legis- 
lative counsel  nor  any  employee  of  the  bureau  shall  oppose  or  urge  legislation,  but  the 
bureau  shall,  upon  request,  and  so  far  as  may  be  in  its  power,  aid  and  assist  any  mem- 


Al 


I 


1407  LEGISLATION.  Act  2494.  §§  4-9 

ber  of  the  legislature  as  to  bills,  resolutions  and  measures,  drafting  the  same  into  proper 
form  and  furnishing  to  them  the  fullest  information  upon  all  matters  in  the  scope  of  the 
bureau.  Neither  the  legislative  counsel  nor  any  other  employee  of  the  bureau  shall 
reveal  to  any  person  outside  thereof  the  contents  or  nature  of  any  matter  which  has 
not  become  a  public  record,  except  with  the  consent  of  the  person  bringing  such  matter 
before  the  bureau.  [Amendment  of  May  31, 1917.  In  effect  July  30, 1917.  Stats.  1917, 
p.  1399.] 

Office  in  capitol.    Temporary  office. 

5  4.  The  legislative  counsel  shall  be  in  attendance  upon  all  sessions  of  the  legislature 
and  his  permanent  office  shall  be  in  the  state  capitol  in  Sacramento,  where  he  shall  be 
provided  with  suitable  and  sufficient  offices  convenient  to  the  chambers  of  the  two  houses 
of  the  legislature.  For  the  convenience  of  members  of  the  legislature,  however,  and 
when  in  his  judgment  the  conduct  of  his  work  requires,  he  may  maintain  temporary' 
offices  at  other  places  in  the  state  of  California.  [Amendment  of  May  31,  1917.  In 
effect  July  30,  1917.     Stats.  1917,  p.  1400.] 

Salaries. 

§  5.  The  salary  of  the  legislative  counsel  shall  be  four  thousand  dollars  per  annum 
and  shall  be  payable  in  equal  monthly  installments.  The  legislative  counsel  shall  have 
authority  to  employ  and  to  fix  the  compensation  of  such  professional  assistants  and 
such  clerical  and  other  employees  as  he  may  deem  to  be  necessary  for  the  effective  con- 
duct of  the  work  under  his  charge.  The  salary  of  the  legislative  counsel  and  of  every 
other  employee  of  the  bureau  shall  be  paid  in  the  same  way  as  the  salaries  of  other 
state  officers  are  paid.  The  legislative  counsel  shall  be  repaid  all  actual  expenses  in- 
curred or  paid  by  him  in  carrying  out  the  provisions  of  this  act.  [Amendment  of  May 
31,  1917.     In  effect  July  30,  1917.     Stats.  1917,  p.  1400.] 

Material  available  to  bureau. 

$  6.  The  material  (including  books  and  other  publications)  of  the  state  library  shall 
be  made  available  to  said  bureau,  and  all  the  officers  of  the  state,  the  University  of 
California,  and  all  departments,  commissions  and  bureaus  and  other  official  state  organ- 
izations, and  all  persons  connected  therewith,  shall  give  the  legislative  counsel  ready 
access  to  their  records  and  full  information  and  reasonable  assistance  in  any  matters 
of  research  requiring  recourse  to  them  or  to  data  within  their  knowledge  or  control. 
The  bureau  may  co-operate  with  any  of  the  educational  institutions  of  the  state  in  any 
manner  approved  by  the  legislative  counsel  and  such  institutions.  [Amendment  of 
May  31,  1917.     In  effect  July  30,  1917.     Stats.  1917,  p.  1400.] 

Books,  records,  etc. 

§  7.  All  books,  papers,  records  and  correspondence  of  said  bureau  pertaining  to  its 
work,  except  copies  furnished  to  or  retained  by  the  chief  of  what  is  filed  at  the  perma- 
nent office  of  said  bureau,  and  except  memoranda  made  by  him,  shall  be  public  records 
and  shall  be  filed  with  and  recorded  and  kept  at  the  permanent  office  of  said  bureau, 
except  as  herein  otherwise  provided. 

Papers  kept  confidential. 

^  8.  Any  and  all  persons  receiving  service  from  said  bureau,  as  herein  provided,  may 
by  request  in  writing  filed  with  the  bureau  have  all  their  personal  papers  and  corre- 
spondence temporarily  kept  private  and  confidential,  but  said  papers  and  correspondence 
shall  become  public  records  whenever  the  said  board  or  the  legislature  shall  so  order 
or  said  written  request  is  withdrawn. 

Unexpended  balance  available. 

^  9,  The  unexpended  balance  of  the  moneys  heretofore  appropriated  for  the  scp- 
port  and  salaries  of  the  legislative  counsel  bureau  by  an  act  entitled  "An  act  making 


Act  24»5,  §  1  GENERAL   LAWS.  1408 

appropriations  for  the  support  of  the  government  of  the  state  of  California  for  the 
sixty-seventh  and  sixty-eighth  fiscal  years,"  approved  May  19,  1915,  is  hereby  made 
available  to  carry  out  the  provisions  of  this  act.  [Amendment  of  May  31,  1917.  In 
effect  July  30,  1917.     Stats.  1917,  p.  1401.] 

INVESTIGATION  OF  HIGHWAY  LEGISLATION. 
ACT  2495 — An  act  providing  for  an  investigation  by  the  legislative  counsel  of  laws 
relating  to  roads,  streets,  highways  and  bridges,  and  for  the  submission  of  a  report 
thereon  to  the  governor  for  presentation  to  the  legislature. 

History:     Approved  March  25,  1919.    In  effect  July  22,  1919.     Stats. 
1919,  p.  18. 

Report  on  road  laws  by  legislative  counsel 

§  1.  The  legislative  counsel  is  hereby  directed  to  investigate  and  study  the  existing 
hiws  of  this  and  other  states  relating  to  roads,  streets,  highways  and  bridges,  and  to 
prepare  a  report,  accompanied  by  a  draft  of  an  act  or  acts,  codifying  and  perfecting 
the  laws  of  this  state  relating  thereto.  Such  report  shall  be  printed  by  the  superin- 
tendent of  state  printing  and  shall  be  submitted  to  the  governor  on  or  before  the  first 
day  of  November  in  the  year  1920,  and  shall  be  presented  by  him  to  the  legislature  at 
the  opening  of  its  forty-fourth  session. 

LEGISLATURE. 

See  Kerr's  Cyc.  Political  Code,  U  78,  90,  and  225,  et  seq. 

LELAND  STANFORD  JR.  UNIVERSITY. 

See  "Stanford  University." 

LEMOORE. 

See  Act  3094,  note. 

LAND  SETTLEMENT. 
See  tit.  "State  Land  Settlement  Board." 

LAND  TITLE  LAW. 

See  tit.  "Titles." 

CHAPTER  194. 

LEVEE  DISTRICTS. 

References:  Reorganization  of,  see  Kerr's  Cyc.  Political  Code,  §  3489. 

See,  generally,  "Drainage  Districts";  "Irrigation  and  Irrigation  Districts";  "Pro- 
tection Districts";  "Reclamation  Districts";  "Storm  Water  Districts";  "Swamp 
and  Overflowed  Lands." 

CONTENTS  OF  CHAPTER. 

ACT  2508.     Levee  District  Act  of  1905. 

2509.  Validation  Act  of  1915. 

2510.  Bear  River  District  No.  1. 

2511.  "Levee  District  No.  1  op  Sacramento  County." 
2511a.  "Levee  District  Number  One  of  Sutter  County." 

2511b.  "Levee  District  Number  One  of  Sutter  County" — Funding  Bonds. 
2511c.   "Levee  District  Number  Two  of  Sutter  County." 

2512.  "Levee  District  Number  Two  of  Sutter  County" — Supplementary  Act. 
2512a.  "Levee  District  Number  Two  op  Sutter  County" — Funding  Act. 

2513.  "Levee  District  Number  Six  of  Sutter  County." 

2514.  "Levee   District   Number   Six   of   Sutter   County" — Funding   Act. 

2515.  Palo  Verde  Joint  Levee  District — Validation. 

2516.  Levee  and  Protection  Districts — Refunding  Act  of  1897. 

2517.  Bond  Act  of  1911. 

2518.  Sacramento  River  West  Side  Levee  District. 


I 


140«  LEVEE    DISTRICTS.  Act  2508,  gg  1-4 

LEVEE  DISTRICT  ACT  OF  1905. 
ACT  2508— An  act  to  provide  for  the  formation  of  levee  districts  In  the  various  counties 
of  this  state,  and  to  provide  for  the  erection  of  levees,  dikes  and  other  works  for  the 
purpose  of  protecting  the  lands  within  such  districts  and  overflow  and  to  levy  assess- 
ments to  erect  and  construct  and  maintain  such  levees,  dikes  and  other  works  and  to 
pay  the  necessary  costs  and  expenses  of  maintaining  said  districts. 

History:  Approved  March  20,  1905,  Stats.  1905,  p.  327.  Amended 
March  16,  1907,  Stats.  1907,  p.  333;  April  28,  1911,  Stats.  1911,  p.  1212; 
May  22,  1917.  In  effect  July  27,  1917.  Stats.  1917,  p.  824.  Prior  act 
of  March  10,  1891,  Stats.  1891,  p.  30,  repealed  March  9,  1893,  Stats.  1893, 
p.  Ill,  which  put  the  subject  of  improving  innavigable  streams  in  the 
manner  specified  in  the  hands  of  boards  of  supervisors.  See  Kerr's 
Cyc.  Political  Code,  §  4085,  prior  to  its  change  of  number  to  §  4042,  by 
Stats.  1907,  p.  372,  which  section  is  substantially  the  same  as  §  52  of 
the  county  government  act  of  1897. 

5  1.  An  act  to  provide  for  the  formation  of  levee  districts  in  the  various  counties  of 
this  state  and  to  provide  for  the  erection  of  levees,  dikes  and  other  works  for  the  pur- 
pose of  protecting  the  lands  within  such  districts  from  overflow  and  to  levy  assessments, 
to  erect  and  construct  and  maintain  such  levees,  dikes  and  other  works  and  to  pay  the 
necessary  costs  and  expenses  of  maintaining  said  districts,  approved  March  20,  1905, 
is  hereby  amended  so  as  to  read  as  follows: 

Petition  to  supervisors  for  formation  of  levee  district.    Resolution  of  intention.    Puhli- 

cation  of  notice. 

$  2.  Whenever  the  board  of  supervisors  of  any  county  in  this  state  shall  receive  a 
petition  signed  by  a  majority  of  the  land  owners  within  any  portion  of  said  county, 
accompanied  by  a  deposit  sufficient  to  cover  the  cost  of  publication  of  all  notices  re- 
quired by  sections  2  and  3  of  this  act,  which  said  portion  of  said  county  shall  be  specifi- 
cally described  and  set  out  bj^  metes  and  bounds  in  said  petition,  asking  that  said 
portion  of  said  count)'  be  set  apart  and  erected  into  a  levee  district  for  the  purpose 
of  protecting  the  lands  embraced  in  said  portion  of  said  county  from  overflow  from  any 
river,  stream  or  streams,  or  watercourse,  the  board  of  supervisors  shall  pass  a  resolu- 
tion signifying  its  intention  to  erect  and  set  apart  said  portion  of  said  county  into  a 
levee  district,  for  the  purpose  of  protecting  the  lands  therein  from  overflow  and  describ- 
ing the  exterior  boundaries  of  the  district  of  lands  embraced  therein,  and  to  be  assessed 
to  pay  the  damages,  costs  and  expenses  thereof.  Such  resolution  shall  also  contain  a 
notice  to  be  published,  which  said  notice  shall  be  headed,  "Notice  of  intention  of  the 
board  of  supervisors  to  form  a  levee  district,"  and  shall  state  the  fact  of  the  passage 
of  such  resolution,  with  the  date  thereof,  the  boundaries  of  the  district,  and  the  state- 
ment that  it  is  proposed  to  assess  all  properties  embraced  within  such  proposed  levee 
district  for  the  purpose  of  paying  the  damages,  costs  and  expenses  of  erecting  and 
repairing  dikes,  levees  and  other  improvements  to  protect  the  said  lands  from  over- 
flow, and  the  necessary  expense  of  maintaining  the  said  district  and  refer  to  the  resolu- 
tion for  further  particulars.  Such  notice  to  be  given  by  the  board  of  supervisors  and 
signed  by  its  clerk.  Petitions  shall  be  heard  in  the  order  of  filing.  [Amendment 
approved  March  16, 1907,  Stats.  1907,  p.  333.    In  effect  immediately.] 

Term  of  publication. 

§  3.  Such  notice  shall  be  published  for  a  period  of  thirty  days,  in  a  newspaper  pub- 
lished and  circulated  in  said  county  and  designated  by  said  board  of  supervisors. 
[Amendment  approved  March  16,  1907,  Stats.  1907,  p.  334.] 

Objections  to  formation  of  district.    Time  for  hearing. 

§  4.  Any  person  interested,  objecting  to  the  formation  of  such  levee  district  or  to  the 
extent  of  the  district  of  lands  to  be  affected  or  benefited  by  erection  or  repair  of  such 

Gen.  Laws — 89 


Act  250S,  §8  5-7  GENERAL   L,A"WS.  1410 

dikes,  levees  or  other  improvements  to  protect  the  same  from  overflow,  and  to  be 
assessed  to  pay  the  costs  and  expenses  thereof,  may  make  written  objections  to  the  same 
within  ten  days  after  the  expiration  of  the  time  of  the  publication  of  said  notice,  which 
objection  shall  be  delivered  to  the  clerk  of  said  board  of  supervisors,  who  shall  indorse 
thereon  the  date  of  its  reception  by  him,  and  at  the  next  regular  meeting  of  said  board 
of  supervisors  or  at  an  adjourned  meeting  or  a  special  meeting  called  for  that  purpose, 
after  the  expiration  of  said  ten  days  lay  such  objections  before  said  board  of  super- 
visors, said  board  shall  then  fix  a  time  for  hearing  of  said  objections  not  less  than 
fifteen  days  thereafter  and  direct  its  clerk  to  notify  each  person  objecting  of  such 
day  fixed  for  hearing,  by  depositing  a  notice  thereof  in  the  postoflQce  at  the  county  seat 
of  such  county,  postage  prepaid  addressed  to  such  person  objecting,  which  said  notice 
shall  be  deposited  in  the  postoffice  not  less  than  ten  days  before  the  day  set  for  hearing. 
[Amendment  approved  March  IG,  1907,  Stats.  1907,  p.  334.] 

Hearing. 

$  5.  At  the  time  specified  or  to  which  the  hearing  may  be  adjourned,  the  board  of 
supervisors  shall  hear  the  objections  urged  and  pass  upon  the  same.  Such  board  may, 
in  its  discretion  sustain,  in  whole  or  in  part,  any  or  all  of  the  objections  made  and  filed, 
and  must  declare  such  levee  district  as  petitioned  for  formed  as  a  subdivision  of  such 

county,  and  shall  designate  such  district  by  name  as  the  " Levee  District  of 

County."  [Amendment  approved  March  16,  1907.  Stats.  1907,  p.  334.  In  effect 
immediately.] 

Declaration  of  supervisors. 

^  G.  If  it  shall  appear  to  the  satisfaction  of  the  board  of  supervisors  that  it  is  the 
desire  of  a  majority  of  the  owners  of  land  in  such  proposed  district  that  the  same  should 
be  erected  into  a  levee  district,  and  that  it  is  just  and  proper,  they  may  declare  said 
territory  a  levee  district  for  the  above  purjDoses,  and  record  the  same  in  a  book  to  be 
kept  for  that  purpose,  giving  the  metes  and  bounds.  [Amendment  approved  March  16, 
1907,  Stats.  1907,  p.  334.     In  effect  immediately.] 

Notice  of  election  of  trustees.    Who  may  vote.    Conduct  of  election. 

^  7.  "Within  ten  days  after  the  board  of  supervisors  have  declared  the  territory  a 
levee  district  and  recorded  the  same  as  provided  in  section  5  of  this  act,  the  board  of 
supervisors  must  give  notice  of  an  election  to  be  held  in  the  said  district,  for  the  elec- 
tion of  three  eligible  persons,  who  shall  be  property  owners  in  said  district  and,  who 
shall  constitute  when  elected  and  qualified,  the  board  of  trustees  of  the  district  for  the 
management  of  the  affairs  thereof,  and  who  shall  hold  ofiiee  for  two  years  next  succeed- 
ing their  election,  and  until  their  successors  are  elected  and  qualified.  The  notice  call- 
ing such  election  shall  not  be  less  than  one  month,  and  at  such  election  every  qualified 
t'lector  in  said  district  whose  names  shall  appear  on  the  last  preceding  assessment-roll 
of  tbp  ''ountv  and  having  been  assessed  on  property  within  the" boundaries  of  said  dis- 
tnct,  shall  be  entitled  to  vote,  and  a  majority  of  votes  cast  at  such  election  shall  elect. 
The  board  of  supervisors  must  appoint  a  time  and  place  for  holding  such  election.  The 
notice  of  such  election  shall  be  given  by  publication  for  not  less  than  one  month,  iti  a 
newspaper  in  the  county  where  such  district  is  situated.  For  the  purpose  of  such  elec- 
tion the  boftrd  of  supervisors  of  the  count}'  in  which  said  district  is  situated  must 
appoint  from  the  qualified  electors  and  property  owners  of  said  district,  one  inspector  — • 
and  two  judges  of  election  for  such  district ;  but  in  case  the  board  of  supervisors  fail  to  ll 
appoint,  or  the  persons  appointed,  fail  to  attend  at  the  time  and  place  appointed  for 
such  election,  the  voters  present  at  the  time  and  place  of  opening  the  polls  may  appoint 
the  board  or  supply  the  place  of  the  absent  member  thereof.  Each  member  of  the 
board  of  election  must  before  entering  upon  his  duties,  be  sworn  to  faithful  perform- 


1411  L.E3TEE    DISTRICTS.  Act  2508,  6 1 

ance  thereof  by  some  officer  authorized  to  administer  oaths.  The  board  of  election  must 
canvass  the  votes  east,  and  issue  certificates  of  election  to  the  persons  elected,  and 
must  place  the  ballots  when  canvassed  in  an  envelope,  and  forward  the  same  sealed  to 
the  clerk  of  the  board  of  supervisors.  Any  legally  qualified  voter  may  challenge  any 
vote,  and  the  board  of  election  shall  determine,  by  the  oath  of  the  parties  or  otherwise, 
as  they  may  think  proper,  whether  or  not  the  person  challenged  is  entitled  to  vote,  and 
in  case  of  challenge,  either  one  of  the  board  of  election  is  hereby  authorized  to  admin- 
ister oaths.  The  polls  shall  be  open  from  10  a,  m.  until  4  p.  m.  In  case  of  vacancy  in 
the  board  of  trustees,  the  board  of  supervisors  shall  by  appointment  fill  such  vacancy. 
Similar  elections  shall  be  held  every  two  years  from  and  after  the  date  of  the  first 
election,  and  shall  be  called  in  the  same  way  as  the  first  election.  [Amendment  approved 
March  16,  1907,  Stats.  1907,  p.  335.     In  effect  immediately.] 

Board  of  trustees  must  keep  ofllce.    Powers  of  trustees.    Yearly  estimate  of  costs. 

Report  to  board  of  supervisors. 

$  8.  The  board  of  trustees  must  keep  an  office  in  or  near  the  district  for  the  trans- 
action of  the  business  thereof,  and  the  books,  maps,  papers,  records,  contracts  and  other 
documents  pertaining  to  the  affairs  of  the  district  must  be  open  for  inspection  to  any 
person  interested  at  all  times.  From  and  after  the  election  and  qualification  of  said 
trustees  said  district  shall  be  deemed  organized  and  shall  have  power  to  sue  or  be  sued. 
The  board  of  trustees  shall  have  power  to  elect  one  of  its  members  president  thereof,  to 
employ  engineers  and  others,  to  survey,  plan,  locate  and  estimate  the  cost  of  the  works 
and  improvements  necessary,  in  the  way  of  erection  or  repair  of  levees,  dikes  and  other 
works  for  the  benefit  of  said  district;  to  thereafter  and  at  any  time  in  its  discretion 
modify  or  change  said  original  plan  or  plans  or  to  adopt  any  new  supplemental  or  addi- 
tional plan  or  plans,  when  in  its  judgment  the  same  shall  become  necessary;  to  acquire 
by  purchase,  condemnation  or  otherwise,  rights  of  way,  and  the  right  to  take  material 
for  the  construction  of  all  works  necessary  for  the  accomplishment  of  the  objects  of  the 
district  including  drains,  levees  and  embankments,  and  to  construct,  maintain  and  keep 
in  repair  all  works,  requisite  and  necessary  to  that  end;  and  to  do  all  other  acts  and 
things  necessaiy  or  required  for  the  protection  of  the  lands  in  said  district  from  the 
overflow  of  any  river,  stream,  streams  or  watercourse,  and  to  employ  the  service  of  any 
person  legal  or  otherwise  which  in  the  judgment  of  said  board  of  trustees  may  be  nec- 
essary to  the  welfare  of  the  district.  The  said  board  of  trustees  shall  each  year  esti- 
mate the  total  cost  for  all  purposes  of  erecting,  constructing  or  repairing  levees,  dikes 
or  other  works,  and  doing  the  necessary  things  for  the  protection  of  the  lands  and  prop- 
erty within  said  district  from  the  overflow  of  any  river,  stream,  streams  or  watercourse, 
and  maintain  the  same  for  one  year,  including  all  damages  awarded  to  any  person  by 
reason  of  the  erection  or  construction  of  any  of  said  levees,  dikes  or  other  works  for 
protection,  and  shall  thereupon  make  a  report  of  the  foregoing  matters  to  the  board  of 
supervisors  in  which  said  district  is  situated,  showing  the  amount  of  money  required 
bj^  said  district  for  all  purposes  for  one  year  thereafter.  Said  estimate  of  moneys  nec- 
essary for  said  district  for  each  year,  and  said  report  shall  be  made  to  said  board  of 
supervisors  by  said  board  of  trustees  on  or  before  the  first  day  of  September  of  each 
year  after  the  formation  of  said  district  and  said  estimate  made  as  aforesaid  and  report 
to  said  board  of  supervisors  by  said  board  of  trustees  as  hereinbefore  set  out,  shall  iu 
each  instance  fonn  the  basis  of  the  estimates  of  the  board  of  supervisors  for  the  amount 
of  money  required  to  be  raised  by  assessment  on  the  lands  and  personal  property  withiii 
such  district  for  such  year.  [Amendment  of  May  22,  1917.  In  effect  July  27,  1917. 
Stats.  1917,  p.  825.] 

This  section  was  also  amended  March  16,  1907,  Stats.  1907,  p.  336. 


Act  250S.  §§  0-12  GENERAL   LAWS.  1412 

Duty  of  county  assessor. 

$  9.  The  county  assessor  of  such  county  shall,  on  or  before  the  1st  day  of  September 
of  each  year  after  the  formation  of  such  district,  and  at  such  other  times  as  the  board 
of  supervisors  shall  require,  furnish  said  board  of  supervisors  with  a  detailed  statement 
showing  the  names  of  all  owners  of  land  and  personal  property  within  the  boundaries 
of  said  district  and  the  assessed  valuation  of  said  lands,  improvements  thereon,  and 
personal  property,  as  shown  on  the  last  preceding  assessment-roll,  made  by  such  asses- 
sor on  the  property  within  said  district.  [Amendment  approved  March  16,  1907,  Stats. 
1907,  p.  338.     In  effect  immediately.] 

Annual  tax  levy. 

^  10.  At  the  time  when  by  law  it  is  the  duty  of  the  board  of  supervisors  of  such 
county  to  fix  the  annual  tax  rate  of  such  county,  the  said  board  of  supervisors  taking 
as  a  basis  the  last  previous  estimate  and  report  of  said  board  of  trustees  of  said  district 
as  hereinbefore  specified,  for  the  amount  of  money  necessary  to  be  raised  in  said  district 
for  the  purposes  thereof  for  that  year,  and  the  valuation  of  the  lands  and  improvements 
thereon,  and  personal  property  within  such  district  as  furnished  them  by  the  county 
assessor,  must  levy  a  tax  upon  all  taxable  property  in  such  levee  district  suflBcient  to 
raise  the  amount  set  forth  in  said  estimate  and  report  as  made  by  said  board  of  trustees. 

The  rate  of  taxation  shall  be  ascertained  by  deducting  twenty  per  cent  for  antici- 
pated delinquency  from  the  aggregate  value  of  all  the  property  in  said  district  as 
shown  by  the  statement  prepared  and  furnished  to  said  board  of  supervisors  by  the 
assessor  as  hereinbefore  provided,  and  then  dividing  the  amount  necessary  to  be  raised 
in  said  levee  district  by  the  remainder  of  such  aggregate  assessed  value  as  shown  in 
said  statement  as  furnished  by  said  assessor.  The  taxes  so  levied  shall  be  computed 
and  entered  upon  the  assessment-roll  of  the  county  by  the  county  auditor  and  collected 
at  the  same  time,  and  in  the  same  manner  as  state  and  county  taxes ;  and  when  collected 
shall  be  paid  into  the  county  treasury  for  the  use  of  said  levee  district  in  which  said 
taxes  were  levied.  And  all  taxes  so  levied  as  hereinbefore  provided  shall  be  a  lien  upon 
the  lands  and  propertj-^  in  said  district,  in  the  manner,  and  with  the  same  effect,  and 
collected  in  the  same  way,  as  are  state  and  county  taxes.  [Amendment  approved  March 
16,  1907.    Stats.  1907,  p.  336.    In  effect  immediately.] 

Disposition  of  moneys  collected.    Payment  of  claims. 

§  11.  All  moneys  collected  from  such  district  for  such  taxes,  and  all  moneys  received 
from  any  source  for  the  benefit  of  such  district  shall  be  by  the  county  treasurer  placed 

in  a  fund,  to  be  called  the  " Levee  District  Fund";  and  all  payments  of  any  of 

the  expenses  of  the  work  or  improvements  or  other  expenses  of  such  district  shall  be 
made  upon  warrants  drawn  by  the  county  auditor  upon  such  fund,  and  paid  by  said 
treasurer,  and  all  claims  as  well  for  the  land  and  improvements  taken  or  damaged,  a3 
for  the  charges  and  expenses  of  said  district,  shall  be  paid  on  claims  prepared  in  the 
manner  required  by  law  for  the  preparation  of  claims  against  the  county  and  first  pre- 
sented to  the  board  of  trustees  of  said  district,  and  be  by  them  approved,  and  then  to 
be  presented  and  filed  as  are  the  claims  against  the  county,  and  shall  thereupon  be  paid 
as  are  the  claims  against  the  county,  and  upon  the  order  of  the  board  of  supervisors, 
and  the  claims  shall  be  itemized  in  the  same  manner  as  are  the  claims  against  the  county. 
[Amendment  approved  March  16,  1907.     Stats.  1907,  p.  337.     In  effect  immediately.] 

Construction  must  be  by  contract;  exception.    Sealed  bids.    Emergency  work.    Plans 

and  details. 

S  12.  No  levees,  dikes  or  other  works  for  the  benefit  of  said  district  must  be  con- 
structed or  repaired  except  on  the  order  of  the  board  of  trustees  of  said  district  and 
when  such  repair  or  construction  will  exceed  the  sum  of  $500  the  same  must  be  repaired 


1413  LEVEE    DISTRICTS.  Act  2508,  §§  13-15 

or  constructed  under  a  contract,  let,  after  reasonable  notice  given  by  the  said  board  of 
trustees  by  publishing  said  notice  at  least  once  a  week  for  two  weeks  in  a  newspaper 
published  and  circulated  in  said  county  and  designated  by  said  board  of  trustees.  All 
bids  shall  be  sealed  and  shall  be  opened  at  the  time  specified  in  the  notice,  and  the  con- 
tract awarded  to  the  lowest  responsible  bidder.  The  board  may  however,  reject  any 
and  all  bids.  The  contract  and  bond  for  its  performance  must  be  entered  into  and 
approved  by  the  board  of  trustees,  except  however  in  cases  of  great  emergency,  by  the 
unanimous  consent  of  the  whole  board  of  trustees  they  may  proceed  at  once  to  replace 
or  repair  any  and  all  levees,  dikes  or  other  works  of  whatever  nature  without  notice. 
Prior  to  the  publication  of  the  notice  of  the  letting  of  any  contract  for  the  erection  or 
repair  of  dikes,  levees  or  other  works,  the  board  of  trustees  must  cause  to  be  prepared 
by  a  competent  engineer,  plans  and  specifications  and  working  details  of  such  work, 
which  said  plans  and  specifications  shall  be  adopted  by  the  board  of  trustees  and  filed 
in  the  oflBce  of  said  board  and  shall  be  subject  to  inspection  by  any  person  for  at  least 
two  weeks  prior  to  the  date  of  the  letting  of  such  contract.  The  board  of  trustees 
must  appoint  an  engineer  to  supervise  the  construction,  repair  or  other  works  to  be 
done  under  such  plans  and  specifications  and  no  claim  shall  be  allowed  for  any  work 
done  under  any  contract  let  under  such  plans  and  specifications  without  a  certificate 
being  first  filed  in  the  office  of  the  board  of  trustees  and  in  the  office  of  the  clerk  of  the 
board  of  supervisors  of  said  county  signed  by  said  engineer,  certifying  that  such  work 
has  been  completed  and  constructed  according  to  the  plans  and  specifications  and  the 
terms  of  the  contract.  Such  engineer  shall  be  paid  such  compensation  as  may  be 
agreed  upon  by  the  board  of  trustees  and  such  compensation  shall  be  paid  in  the  same 
manner  as  are  other  claims  against  said  district.  [Amendment  approved  March  16 
1907.     Stats.  1907,  p.  337.    In  effect  immediately.] 

When  county  may  contribute  to  expenses. 

$  13.  Whenever  the  board  of  supervisors  of  any  county  in  which  said  district  is 
situated  shall  consider  that  the  construction  or  repair  of  dikes,  levees  or  other  works 
of  said  district  along  or  upon  any  of  the  county  roads  of  such  county,  will  be  for  the 
mutual  benefit  of  such  district  and  such  county,  then  in  that  event  the  said  board  of 
supervisors  shall  have  power,  and  may  contribute  to  the  expense  and  cost  of  such  work, 
such  sums  of  money  as  they  may  deem  proper  on  behalf  of  the  county,  and  such  moneys 
shall  be  paid  out  of  either  the  general  road  fund  or  the  special  fund  of  any  road  disti-ict, 
in  which  said  work  is  done,  and  as  a  majority  of  said  board  of  supervisors  may  deter- 
mine. [Amendment  approved  March  16,  1907.  Stats.  1907,  p.  338.  In  effect  imme- 
diately.] 

Bend  of  trustees. 

§  14.  The  board  of  trustees  elected  under  this  act  shall  serve  without  compensation, 
and  shall  each  file  a  bond  for  the  faithful  performance  of  their  duties  in  the  sum  of 
$5,000  said  bond  to  be  approved  by  the  judge  of  the  superior  court  of  the  county  in 
which  said  district  is  situated.  [Amendment  approved  March  16,  1907.  Stats.  1907, 
p.  338.    In  effect  immediately.] 

Power  to  condemn  land. 

§  15.  The  board  of  trustees  shall  have  power,  in  the  name  of  the  district  to  condemn 
land,  or  other  property,  for  the  purpose  of  erecting  levees,  dikes  and  other  improve- 
ments or  obtaining  material  for  the  same  for  the  purpose  of  protecting  the  lands  em- 
braced in  said  district  from  overflow,  and  for  that  purpose,  all  of  the  provisions  of 
Part  III,  Title  VII  of  the  Code  of  Civil  Procedure  are  hereby  made  applicable  to  exer- 
cise of  the  right  of  eminent  domain  for  such  purpose  to  the  needs  of  such  district. 
[Amendment  approved  March  16,  1907.     Stats.  1907,  p.  338.     In  effect  immediately.] 


Act  250S,  88  10-23  GENERAL  LAWS.  1414 

Not  to  supersede  other  acts. 

§  16.  This  act  is  not  intended  to  supersede  or  repeal  any  other  act  for  the  construc- 
tion and  maintenance  of  ditches,  levees,  dikes  or  works  of  protection  or  for  drainage  or 
for  reclamation  but  is  intended  as  an  independent  and  alternative  means  of  construct- 
ing and  erecting  such  districts,  levees,  dikes  or  other  works  of  protection  where  most 
applicable  and  desirable  to  the  parties  interested.  [Amendment  approved  March  16, 
1907.    Stats.  1907,  p.  338.    In  effect  immediately,] 

Land  in  different  counties  may  form  a  levee  district. 

6  17.  Levee  districts  may  be  formed,  governed  and  maintained  under  this  act  where 
the  land  embraced  therein  shall  be  situate  partly  in  different  counties,  and  all  the  pre- 
ceding sections  hereof  shall  be  applicable  to  such  districts,  except  as  herein  pro\'ided, 
and  nothing  hereinafter  contained  shall  in  anj'  manner  limit  or  qualify  the  first  sixteen 
sections  of  this  act.  In  such  districts,  except  as  hereinafter  provided,  all  acts  and 
duties  required  to  be  performed  by  any  county  officer  or  board  shall  be  done  or  per- 
foj-mcd  by  the  officer  or  board  of  the  county  in  which  the  petition  mentioned  in  section 
1  shall  be  filed.  All  sections  subsequent  hereto  in  this  act  shall  refer  to  districts  situate 
partly  in  different  counties.  [New  section  approved  April  28,  1911.  Stats.  1911,  p.  1212.] 

Petition  filed  in  county  of  larger  portion  of  land. 

$  18.  In  districts  situate  partly  in  different  counties  the  petition  mentioned  in  sec- 
tion 1  shall  be  filed  with  the  board  of  supervisors  of  the  county  in  which  the  greater 
portion  of  the  land  to  be  embraced  within  such  district  is  situate,  and  such  board  shall 
have  the  same  jurisdiction  for  all  the  purposes  of  this  act  as  if  all  the  land  of  the  dis- 
trict were  situate  within  the  county,  except  as  in  this  act  otherwise  provided.  [New 
section  approved  April  28, 1911.    Stats.  1911,  p.  1212.] 

Designation. 

§  19.  At  the  time  and  after  the  proceedings  mentioned  in  section  4  hereof,  such  board 
of  supervisors  must  declare  such  levee  district  formed  as  a  subdivision  of  such  counties 

and  shall  designate  such  district  by  the  name  of  joint  levee  district  of and 

counties.     [New  section  approved  April  28,  1911.    Stats.  1911,  p.  1212.] 

Declaration  forwarded  to  all  supervisors  of  counties  represented. 

$  20.  Upon  the  recording  of  the  declaration  that  the  levee  district  is  formed  as 
required  by  section  6  hereof,  a  copy  thereof,  duly  certified  by  the  clerk  of  the  board  of 
supendsors,  must  be  immediately  transmitted  to  the  clerk  of  the  board  of  supervisors 
of  each  other  county  in  which  any  portion  of  such  district  may  be  situate,  which  shall 
be  kept  in  the  office  of  such  last  named  clerk.  [New  section  approved  April  28,  1911. 
Stats.  1911,  p.  1213.] 

Publication  of  election  notice. 

^  21.  The  notice  of  election  mentioned  in  section  7  shall  be  published  for  the  time 
designated  therein  in  a  newspaper  published  in  each  county  in  which  any  portion  of 
such  district  is  situate.     [New  section  approved  April  28,  1911.     Stats.  1911,  p.  1213.] 

Division  of  estimate  among  counties. 

<i  22.  The  board  of  trustees  of  such  joint  district  shall  divide  the  total  estimate  pro- 
vided for  in  section  S  hereof,  in  proportion  to  the  value  of  the  real  and  personal  prop- 
erty of  the  district  in  each  county.  Such  value  to  be  determined  by  the  equalized  values 
of  the  last  assessment-rolls  of  such  counties.  The  board  of  trustees  shall,  after  the 
approval  of  the  estimate  as  provided  in  said  section  8,  report,  as  provided  in  said 
section,  to  the  board  of  supervisors  of  each  of  such  counties,  on  or  before  the  first  day 
of  September  of  each  year,  and  furnish  each  of  such  boards  of  supervisors  such  esti- 


1415  LEVEE    DISTRICTS.  Act  2509,  §  1 

mate,  together  with  a  statement  of  the  part  thereof  apportioned  to  each  county.    [New 
section  approved  April  28,  1911,  Stats.  1911,  p.  1213.] 

Applicable  to  assessors  and  supervisors  of  each  county. 

$  23.  The  provisions  of  section  9  shall  apply  to  the  county  assessors  and  boards  of 
supervisors  of  each  county  in  which  any  portion  of  the  district  may  be  situate,  so  far 
as  the  portion  of  such  district  in  such  county  is  concerned.  [New  section  approved 
April  28,  1911.    Stats.  1911,  p.  1213.] 

To  officers  of  each  comity. 

§  24.  The  provisions  of  section  10  shall  apply  to  the  officers  of  each  county  in  which 
any  portion  of  such  district  is  situate.  [New  section  approved  April  28,  1911.  Stats. 
1911,  p.  1213.] 

Treasurer  of  county  in  which  petition  was  filed  to  be  repository  of  funds. 

$  25.  The  treasurer  of  the  county  in  which  the  petition  mentioned  in  section  1  was 
filed,  and  in  which  the  district  was  organized,  shall  be  the  repository  of  the  funds  of 
the  district.  The  treasurers  of  any  other  counties  in  which  is  situate  a  portion  of  said 
district,  must,  at  any  time,  not  more  often  than  four  times  each  year,  upon  the  order  of 
the  board  of  trustees,  pay  over  to  the  treasurer  of  the  county  where  said  petition  men- 
tioned in  section  1  was  filed,  all  moneys  in  their  possession  belonging  to  the  district. 
Said  last  named  treasurer  is  authorized  and  required  to  receive  and  receipt  for  the 
same,  and  to  place  the  same  to  the  credit  of  the  district.     All  moneys  of  the  district 

received  from  any  source  shall  be  by  him  placed  in  a  fund  to  be  called  the joint 

levee  district  of and counties.     [New  section  approved  April  28,  1911.  Stats. 

1911,  p.  1213.] 

Under  section  3489  of  the   Political   Code,  of   1891    was   sufficient   If   signed    by    a   ma- 

as   amended   by   Stats.    1877-8,    62,   levee  dis-  jority  of  tiie  freeholders  within  the  district 

tricts    theretofore    formed    were    authorized  owning  lands  along  the  stream,  and  the  sig- 

to  reorganize  as  therein  provided.     This  ap-  nature  of  a  majority  of  the  owners  of  land 

plies   also    to    swamp    land    and    reclamation  subject    to    overflow   was    not    required. — De 

districts.  Baker  v.   Batcheller,   97  Cal.   472. 

See  Protection  Districts;  Reclamation  Dis-  3.     Publication   of  notice — Sufficient. — ^The 

tricts;   Swamp  and  Overflowed  Lands.  publication    of    the    petition    under    the    act 

1.  A  public  corporation. — A  levee  dis-  of  1893,  showing  the  boundaries  of  the  pro- 
trict  organized  by  the  board  of  supervisors  posed  district  with  minute  detail  was  not 
under  the  authority  of  an  act  of  the  legis-  defective  because  of  the  failure  to  publish 
lature  is  a  public  corporation  whether  the  a  plat,  where  the  petition  as  published 
legislature  in  terms  declares  it  a  corpora-  contained  a  provision  that  "the  proposed 
tion  or  not. — Dean  v.  Davis,  51  Cal.  406;  boundaries  of  said  district  are  shown  ap- 
Hoke  V.  Perdue,  62  Cal.  545.  proximately    by    the    plat    thereof    hereunto 

2.  Petition — Sufficient — Majority  of  own-  annexed." — De  Baker  v.  Batcheller,  97  Cal. 
ers  not  required  to  sign. — A  petition  for  the  472. 

formation  of  a  levee  district  under  the  act 

VALTDATTON  ACT  OF  1915. 

ACT  2509 — An  act  to  validate  the  organization  and  formation  of  levee  districts. 

History:    Approved  May  29,  1915.    In  effect  August  8,  1915.    Stats. 
1915,  p.  948. 

Levee  districts  validated. 

$  1.  All  levee  districts,  the  organization  and  formation  of  which,  have  been  authen- 
ticated by  an  order  or  declaration  of  a  board  of  supervisors  in  this  state  declaring  the 
same  a  levee  district,  such  declaration  or  order  being  recorded  in  a  book  kept  for  that 
purpose,  as  required  by  law,  and  which  levee  districts  thereafter  have  acted  in  the  form 
and  manner  of  levee  districts  under  the  provisions  of  "An  act  to  provide  for  the  forma- 
tion of  levee  districts  in  the  various  counties  of  this  state,  and  to  provide  for  the 
erection  of  levees,  dikes  and  other  works  for  the  purpose  of  protecting  the  lands  within 
such  districts  from  overflow  and  to  levy  assessments  to  erect  and  construct  and  main- 
tain such  levees,  dikes  and  other  works  and  to  pay  the  necessary  costs  and  expenses  of 


Aria  23IO-2511« 


GICNICRAL   LAWS. 


1416 


maintaining  said  districts,"  approved  March  20,  1905,  and  the  amendments  thereto  are 
hereby  declared  to  be  and  to  have  been  levee  districts  from  the  date  of  the  recording  of 
the  declaration  or  order  of  the  board  of  supervisors;  and  all  the  acts  of  said  levee  dis- 
tricts heretofore  performed  according  to  the  act  aforesaid  are  hereby  validated  and 
declared  as  legal. 

BEAK  HIVKR  DISTRICT  NO.  1. 

ACT  2510 An  act  to  organize  a  levee  district  in  Yuba,  Sutter  and  Placer  comities,  and 

to  provide  for  the  construction,  maintenance  and  repair  of  levees  therein, 
History:    Approved  March  30,  1878,  Stats.  1877-78,  p.  732. 

"LHVKK  DISTRICT  NO.  1  OF  SACRAMENTO  COUNTY." 
ACT  2511 — An  act  to  organize  levee  district  No.  1,  Sacramento  county,  and  to  provide 
for  its  government. 

History:     Approved  March  30,  1S78,  Stats.  1877-78,  p.  853.     Amended 


April  15.  1880.  Stats.  1880,  p.  65. 

1.      Wordn  and  pbranrn — "More  brnrflcinl." 

— The  phruse  "more  beneficial"  in  section 
16  of  the  act  Indlc.ites  that  all  the  lands  of 
the  district  are  benefited  In  some  degree 
«nd  the  power  to  a.ssess  "upon  the  Linds" 
Klven    in    f  3456.    Tolltical   Code,    Is   a    power 


only  to  assess  all  the  lands,  and  the  com- 
missioners have  no  power  to  de'lare  that 
some  of  the  lands  of  the  district  are  not 
benefited  and  omit  such  lands  from  the  as- 
sessment.— Levee  District,  etc.,  v.  Huber, 
57   Cal.    41. 


LEVEE  DISTRICT  NUMBER  ONE  OF  SUTTER  COUNTY. 

ACT  2511a — An  act  to  define  the  boundary,  provide  for  the  care,  strengthening,  and 

repairing  of  the  levee,  and  for  the  payment  of  the  indebtedness  of  Levee  District 

Number  One  of  Sutter  county. 

History:  Approved  March  20,  1874.  Stats.  1873-74,  p.  511.  Amended 
(1)  April  1,  1878.  Stats.  1877-78,  p.  914;  (2)  March  19,  1889,  Stats.  1889. 
p.  355;  (3)  March  23,  1001,  Stats.  1901.  p.  G29;  (4)  February  23.  1907, 
Stats.  1907,  p.  47;  (5)  March  13,  1911.  Stats.  1911.  p.  347.  The  district 
was  originally  created  by  an  act  approved  March  25,  1868,  Stats. 
1867-68,  p.  316. 


Srr    Art    2.'il3    and    notes. 

1.  Conatltullonnlity — Srrtlon  20  of  art 
of  ISttS. — .s'p,ti(in  20  of  the  act  of  1868  is 
unconstitutional  in  so  far  as  It  authorizes 
the  board  of  supervisors.  In  their  discre- 
tion, to  remit  a  portion  of  the  district 
tnxcM  In  a  levee  district. — Wilson  v.  Board 
of  Supervl<ior.s,   47  Cal.   91. 

2.  Same — Srrtion  21  of  the  art  of  1S6S. — 
Section  21  of  the  act  of  1868  was  unconsti- 
tutional, a  district  formed  thereunder  has 
no  rights,  and  Is  not  protected  from  col- 
lateral attack,  and  the  commls.sioners  of 
»uch  dl.slrlct  are  not  estopped  from  dis- 
puting the  validity  of  the  bonds  in  a  pro- 
reeding  In  mandamus  to  compel  the  levy  of 
a  tax  to  pay  the  principal  and  interest  of 
the  bondB.  by  retaining  the  benefits  of  the 
proceeds  of  such  sale  of  bonds. — Branden- 
steln    V.    Hoke.    101    Cal.    131. 

S.  Art  of  1S0S  impoaed  tax,  not  aaneaa- 
Mrnt  for  hrnrnta. — The  act  of  1868  Imposed 
a  tax  and  not  an  assessment  for  benefits. — 
People  V.  Whyler.  41  Cal.  351. 

See.  also,  Hoke  v.  Perdue,  2  Cal.  Unrep. 
28. 

4.  Samr. — A  tax  levied  by  Levee  Dis- 
trict No.  One  of  Sutter  county  to  pay  prin- 
cipal and  Interest  on  outstanding  bonds  of 
the  district  Is  not  an  assessment  for  bene- 
fits, but  a  tax. — Southern  Pacific  Co.  v. 
Levee  District  No.  1,  172  Cal.   345,   349. 


5.  I.ornl  tnx  on  propertlen  of  railroad 
company. — The  only  form  of  local  tax  upon 
the  operative  properties  of  a  railroad  com- 
pany, included  In  a  levy  district,  which 
may  be  levied  and  collected  by  such  dis- 
trict under  section  14,  article  XIII.  of  the 
constitution.  Is  a  tax  levied  to  pay  the 
principal  and  Interest  of  a  bonded  indebted- 
ness created  and  outstanding  at  the  time 
the  section  went  Into  effect. — Southern  Pa- 
cific Co.  V.  Levee  DIst.  No.  1,  172  Cal.  345. 
353. 

6.  Poorer  of  lionrd  of  auprrvliiors  of 
Slitter  roiint.v  iinilrr  act  of  ISCS. — The  board 
of  supervisors  of  Sutter  county  had  no 
power,  under  the  act  of  1868,  to  construct 
a  levee  in  Colusa  county. — Moulton  v.  Parks, 

64   Cal.    166. 

7.  Tax  paid  by  railroad  rompanTi  right 
to  rrrover. — Where  a  r.ailroad  company 
pays  Into  the  state  treasury  the  entire 
amount  of  the  state  tax  under  the  pro- 
visions of  section  14,  article  XIII,  of  the 
constitution  and  the  acts  passed  to  carry 
the  same  Into  effect,  and  afterwards  pays 
a  levee  district  tax  to  the  district  under 
protest,  after  the  controller  has  refused 
to  turn  over  to  the  district  Its  proportion  of 
the  tax  paid.  It  Is  entitled  to  recover  It 
back. — Southern  Pacific  Co.  v.  Levee  Dis- 
trict,  etc.,  172  Cal.   845. 


1^17  LEVEE    DISTRICTS.  Acts  2511b-251S 

LEVEE  DISTRICT   NUMBER  ONE   OF  SUTTER   COUNTY— FUNDING  BONDS. 

ACT  2511b — An  act  to  empower  the  trustees  of  levee  district  No.  1,  Sutter  county,  to 

issue  bonds  for  the  payment  or  funding  of  the  unfunded  indebtedness  of  said  levee 

district,  and  to  provide  for  the  redemption  of  such  bonds  by  taxing  the  property  of 

the  district. 

History:    Approved  April  9,  1880,  Stats.  1880,  p.  30. 

LEVEE  DISTRICT  NUMBER  TWO  OF  SUTTER  COUNTY. 

ACT  2511c — An  act  to  define  the  boundary  and  provide  for  the  government  of  Levee 

District  Number  Two  of  Sutter  County. 

History:    Approved  March  23,  1876,  Stats.  1875-76,  p.  391.    Amended 
April  5,  1911,  Stats.  1911,  p.  657.     Supplemented.     See  Act  2512. 

LEVEE  DISTRICT  NUMBER  TWO  OF  SUTTER  COUNTY— 
SUPPLEMENTARY  ACT. 
ACT  2512 — Amendatory  of  and  supplementary  to  an  act  entitled  "An  act  to  define  the 
boundary  and  provide  for  the  government  of  levee  district  number  two,  of  Sutter 
County,"  passed  March  23,  1876,  in  relation  to  the  election  of  officers  for  said  dis- 
trict, funding  the  floating  debt,  and  refunding  the  funded  debt  thereof. 

History:     Approved  March  23,   1893,   Stats.   1893,  p.   199.     Amended 
March  27,  1895,  Stats.  1895,  p.  237.     See  Act  2511c. 

LEVEE  DISTRICT  NUMBER  TWO  OF  SUTTER  COUNTY— FUNDING  ACT. 
ACT  2512a — An  act  to  provide  for  funding  the  indebtedness  of  Levee  District  Number 
Two  of  Sutter  county. 

History:    Approved  March  9,  1876,  Stats.  1875-76,  p.  155. 

LEVEE  DISTRICT  NUMBER  SIX  OF  SUTTER  COUNTY. 
ACT  2513 — An  act  to  define  the  boundary  and  to  provide  for  the  government  of  Levee 
District  Number  Six  of  Sutter  county. 

History:     Approved  March  31,   1891,   Stats.   1891,  p.   237.     Amended 
February  23,  1907,  Stats.  1907,  p.  56. 

See  Act  2511n  and  notes.  2.  Levee  district — Legislative  recognl- 
1.  Levee  district  not  a  municipal  cor-  tlon  of  existence. — By  the  present  act  the 
poration. — A  levee  district  is  not  a  "mu-  leg-islature  recognized  the  existence  of  the 
nicipal  corporation  within  the  meaning  of  levee  district,  notwithstanding-  the  fatal 
the  constitution  of  1879,  prohibiting-  the  irregularity  of  its  formation  under  the  in- 
passing  of  a  special  act  creating  or  recog-  validated  act  of  1868,  as  it  was  empowered 
nizing  such  a  corporation,  but  a  corpora-  to  do  and  such  recognition  was  sufficient 
tion  belonging  to  a  class  by  itself,  which  to  invest  the  district  with  the  functions 
the  legislature  might  recognize  by  special  and  attributes  which  it  had  assumed  to  ex- 
act and  give  it  a  legal  existence  though  ercise  under  that  act  and  gave  it  a  legal 
originally  formed  under  a  void  law. — Peo-  existence. — People  ex  rel  Silva  v.  Levee 
pie  ex  rel  Silva  v.  Levee  District,  etc.,  131  District,  etc.,  131  Cal.  30,  6  Cal.  Unrep.  615. 
Cal.  30;  Reclamation  District  No.  70  v. 
Sherman,   11   Cal.  App.   399. 

LEVEE  DISTRICT  NUMBER  SIX  OF  SUTTER  COUNTY— FUNDING  ACT. 
ACT  2514 — An  act  to  provide  for  funding  the  indebtedness  of  levee  district  number  six, 
of  Sutter  county,  and  to  provide  for  the  payment  of  such  funded  debt. 
History:    Approved  March  31,  1891,  Stats.  1891,  p.  235. 
See  acts  2511a  and  2513,  and  notes. 

PALO  VERDE  JOINT  LEVEE  DISTRICT— VALIDATION. 

ACT  2515 — An  act  to  validate  bonds  of  Palo  Verde  joint  levee  district  of  Riverside  and 

Imperial  counties,  California,  and  all  proceedings  relating  thereto. 

History:     Approved  May  16,  1919.     In  effect  July  22,  1919.     Stats. 
1919,  p.  541. 


Act  2516,  §  1  GKXERAL   LAWS.  1418 

Bonds  of  Palo  Verde  joint  levee  district  validated. 

$  1.  Bonds  in  the  amount  of  one  million  two  hundred  eighty-five  thousand  nine  hun- 
dred fifty-one  and  eighty-six  hundredths  dollars  of  the  Palo  Verde  Joint  Levee  District 
of  Uiverside  and  Imperial  counties,  California,  and  all  the  acts  and  proceedings  of  said 
district  and  of  the  board  of  trustees  thereof  and  of  the  board  of  supervisors  of  River- 
side county,  California,  and  of  the  officers  of  said  county  leading  up  to  and  including 
the  authorizing  of  said  bonds  and  also  the  issuance  of  two  hundred  fifty-six  thousand 
dollars  of  said  bonds  already  sold  are  hereby  legalized,  ratified,  confirmed  and  declared 
valid  to  all  intents  and  purposes,  and  said  bonds  in  the  amount  of  two  hundred  fifty-six 
thousand  dollars  already  sold,  and  the  remainder  of  said  bonds  when  issued  and  sold, 
shall  be,  and  ai*e  herebv,  declared  to  be  legal  and  valid  obligations  of  said  district,  and 
the  faith  and  credit  of  said  district  is  hereby  pledged  for  the  prompt  payment  and 
redemption  of  the  principal  and  interest  of  said  bonds,  and  said  bonds  by  their  issuance 
shall  be  conclusive  evidence  of  the  regularity  of  all  proceedings  leading  up  thereto. 


LEVEE  AND  PROTECTION  DISTRICTS--REFUNDING  ACT  OF  1897. 
ACT  2516 — An  act  to  provide  for  the  funding  and  refunding  of  the  indebtedness  of 
levee  and  protection  districts. 

History:    Approved  April  1,  1897,  Stats.  1897,  p.  424. 

Levee  or  protection   districts,  funding    or   refunding   indebtedness.    Form   of    bond. 
Coupons. 

§  1.  The  board  of  directors  or  trustees  of  any  levee  or  protection  district  having  an 
outstanding  indebtedness  of  not  less  than  twenty  thousand  dollars,  evidenced  by  bonds 
or  warrants  of  such  district,  by  a  vote  of  tAvo-thirds  of  all  the  members  thereof,  are 
empowered,  if  they  deem  it  for  the  best  interest  of  such  district  to  fund  and  refund  the 
same,  or  any  part  thereof,  and  issue  bonds  of  such  district  therefor,  in  sums  of  not  less 
than  one  hundred  dollars  nor  more  than  one  thousand  dollars  each,  having  not  more 
than  twentj'  years  to  run,  and  bearing  a  rate  of  interest  not  exceeding  seven  per  cent 
per  annum,  payable  semi-annually,  which  bonds  shall  be  substantially  in  the  following 
form: 

No,  .     (Name  of  district),  in  the  county  of ,  state  of  California,  for  value 

received,  promises  to  pay ,  or  order,  at  the  office  of  the  treasurer  of  said  district, 

in ,  California,  on  or  before  the  fixst  day  of ,  19 — ,  the  sum  of dollars,  in 

gold  coin  of  the  United  States,  with  interest  at  the  rate  of per  cent  per  annum, 

payable  at  the  office  of  said  treasurer  semiannually,  on  the  first  day  of and 

in  each  year,  on  presentation  and  surrender  of  the  interest  coupons  hereto  attached. 

This  bond  is  issued  by  the  board  of of  said  district  in  conformity  with  a  resolution 

of  said   board,  dated   the day   of  ,   eighteen   hundred   and  ,   and   under 

authority  conferred  upon  said  board  by  the  provisions  of  an  act  of  the  legislature  of 
California,  entitled  "An  act  to  provide  for  the  funding  and  refunding  of  the  indebted- 
ness of  levee  and  protection  districts,"  approved  (insert  date  of  approval  of  the  act). 

In  testimony  whereof,  the  said  district,  by  its  board  of ,  has  caused  this  bond  to 

be  signed  by  the  chairman  of  said  board,  and  attested  by  the  auditor  of county, 

with  his  seal  of  office  attached,  this day  of 18 — . , 

Chairman  of  said  Board. 

Attest : ,  Auditor  of county. 

And  the  interest  coupons  shall  be  in  the  following  form : 

The  treasurer  of  (name  of  district)  will  pay  to  the  holder  hereof,  on  the  day 

of ,  1 ,  at  his  office  in , dollars,  gold  coin,  for  interest  on  bond  of  said 

district  numbered , 


i 


1419  LEVEE    DISTRICTS.  Act  2516,  §§  2-4 

Bonds,  general  provisions  relating  to. 

^  2.  Bonds  issued  under  this  act  shall  be  numbered  consecutively,  signed  by  the 
chairman  of  the  board  of  directors,  or  trustees,  as  the  case  may  be,  and  delivered  to 
the  auditor  of  the  county  in  which  the  levee  or  protection  district  is  situated,  who  shall 
countersign  the  same  and  affix  thereto  his  official  seal,  and  shall  by  him  be  delivered 
to  the  treasurer  of  the  district,  who  shall  deliver  to  such  auditor  his  receipt  therefor, 
and  said  treasurer  shall  stand  charged  in  his  official  bond  with  all  bonds  delivered  to 
him  and  the  proceeds  thereof,  and  he  shall  sell  the  same  or  exchange  them  under  the 
direction  of  the  board  of  directors  or  trustees  of  such  levee  or  protection  district,  on  the 
best  available  terms,  for  any  legal  indebtedness  of  such  district,  but  in  neither  case  for 
a  less  sum  than  the  face  value  of  the  bonds  and  all  interest  accrued  thereon  at  the  date 
of  such  sale  or  exchange ;  and  if  any  portion  of  such  bonds  are  sold  for  money,  the  pro- 
ceeds thereof  shall  be  applied  exclusively  to  the  payment  of  liabilities  existing  against 
the  district  at  the  date  last  above  named.  When  they  are  exchanged  for  bonds  or  war- 
rants or  other  legal  evidences  of  district  indebtedness,  the  treasurer  shall  at  once  cancel 
such  e\'idences  of  indebtedness  by  indorsing  thereon  the  amount  for  which  they  were 
received,  the  word  "canceled"  and  the  date  of  cancellation.  He  shall  keep  a  record  of 
all  bonds  sold  or  exchanged  by  him,  by  number,  date  of  sale,  amount,  date  of  maturity, 
the  name  and  postoffice  address  of  purchasers,  and,  if  exchanged,  what  evidences  of 
indebtedness  was  received  therefor,  which  record  shall  be  open  at  all  times  for  public 
inspection.  No  such  bonds  shall  be  sold  or  exchanged  for  any  indebtedness  of  the  dis- 
trict except  by  the  approval  of  the  board  of  directors  or  trustees  thereof. 

Tax  levy  to  pay  bonds  and  interest. 

^  3.  The  board  of  directors  or  trustees  shall  cause  to  be  assessed  and  levied  each 
vear  upon  the  assessable  property  of  the  district,  in  addition  to  the  levy  authorized  for 
other  purposes,  a  sufficient  sum  to  paj^  the  interest  on  outstanding  bonds,  issued  in  con- 
formity with  the  provisions  of  this  act,  accruing  before  the  next  annual  levy,  and 
sucli  proportion  of  the  principal,  that  at  the  end  of  five  years  the  sum  raised  from  such 
levies  shall  equal  at  least  twenty  per  cent  of  the  amount  of  bonds  issued,  at  the  end  of 
nine  j^ears  at  least  forty  per  cent  of  the  amount,  and  at  and  before  the  date  of  maturity 
of  the  bonds  shall  be  equal  to  the  whole  amount  of  the  principal,  and  the  money  arising 
from  such  levies  shall  be  known  as  the  bond  fund,  and  shall  be  used  for  the  payment 
of  bonds  and  interest  coupons,  and  for  no  other  purpose  whatever;  and  the  treasurer 
shall  open  and  keep  in  his  books  a  separate  and  special  account  thereof,  which  at  all 
times  shall  show  the  exact  condition  of  said  bond  fund. 

Provision  for  redemption  of  bonds. 

§4.  Whenever  there  shall  be  in  the  bond  fund  of  such  district  a  surplus  of  five 
hundred  dollars  or  more,  over  and  above  the  interest  maturing  before  the  next  levy, 
the  treasurer  shall  give  notice  for  two  weeks  in  one  or  more  newspapers  of  general 
circulation,  printed  and  published  in  the  county  in  which  such  district  is  situated, 
stating  the  amount  of  such  surplus,  and  that  on  the  day  and  hour  named  in  such  notice, 
sealed  proposals  will  be  received  at  his  office  for  the  surrender  of  bonds  of  the  district, 
and  shall  at  the  time  and  place  named  open  the  proposals  and  accept  the  lowest  bid; 
provided,  that  no  bid  shall  be  accepted  for  an  amount  exceeding  the  par  value  of  such 
bonds  with  accrued  interest ;  if  bids  are  not  offered,  at  par,  or  less,  sufficient  to  exhaust 
the  amount  on  hand  applicable  to  redemption,  the  treasurer  shall  publish  for  the  same 
time  and  in  the  same  manner  a  notice  that  he  will  redeem  a  bond  or  bonds  of  said  dis- 
trict, giving  the  number  or  numbers  thereof,  and  that  if  not  presented  for  redemption 
within  thirty  days  after  the  date  of  the  first  publication  of  such  notice,  the  interest 
thereon  will  cease,  and  the  amount  due  thereon  will  be  set  aside  for  the  payment  of  such 
bond  or  bonds  whenever  presented.    If  an}'  such  bond  be  not  so  presented,  interest 


Act  2517,  §  1  GENERAL,   LAWS.  1420 

thereon  shall  cease,  and  the  amount  due  thereon  shall  be  set  aside  as  specified  in  said 
notice.  All  redemption  of  bonds  other  than  those  voluntarily  surrendered  shall  be  made 
in  the  exact  order  of  their  issuance,  beginning  with  the  lowest  or  first  number. 

$  5.     This  act  shall  take  effect  immediately. 

BOND  ACT  OF  1911. 
ACT  2517 — An  act  authorizing  levee  districts  of  the  state  to  incur  a  bonded  indebted- 
ness for  the  purpose  of  building,  constructing,  or  repairing  levees  of  the  district;  or 
for  excavating  and  constructing  ditches  or  canals  of  such  districts;  or  for  the  purpose 
of  acquiring  rights  of  way  for  any  such  levees,  ditches,  or  canals;  or  for  any  and  all 
of  said  purposes. 

History:  Approved  March  8,  1911,  Stats.  1911,  p.  303.  Amended 
(1)  May  29,  1915;  in  effect  August  8,  1915,  Stats.  1915,  p.  914;  (2) 
May  22,  1917;  in  effect  July  27,  1917,  Stats.  1917,  p.  809. 

Levee  district  may  issue  bonds. 

^  1.  Any  levee  district  formed  or  organized  by  or  under  the  laws  of  California,  may 
incur  a  bonded  indebtedness  for  the  purpose  of  building,  constructing,  or  repairing  the 
levee  or  levees  of  such  district;  or  in  excavating  or  constructing  any  ditches  or  canals 
in  such  district,  or  other  protective  works;  or  to  purchase  and  acquire  any  levee  or 
levees,  ditches  or  canals,  or  other  reclamation  works  already  constructed  or  in  process 
of  construction;  or  for  the  purpose  of  acquiring  rights  of  way  for  any  such  levee,  or 
ditches,  pipe-lines  or  canals;  or  for  building,  repairing  and  constructing  any  and  all 
kinds  of  work  in  water  and  river  channels,  wherever  situate,  as  ancillary  to  land  and 
levee  protection,  including  the  straightening  of  river  channels,  or  diverting  waters 
from  the  dikes  and  levees  themselves,  or  the  lands  they  are  protecting,  and  in  general 
for  doing  any  and  all  work  of  every  character  and  description  for  the  purpose  of  secur- 
ing, protecting,  guarding  and  preserving  the  lands  protected,  and  the  dikes,  levees, 
ditches,  excavations  or  other  protective  works;  or  for  any  and  all  of  said  purposes,  or 
for  any  or  more  of  said  purposes. 

Report  of  engineer. 

Wlienever  it  shall  become  necessary  in  the  opinion  of  the  board  of  trustees  of  any 
such  levee  district  to  build,  construct,  or  repair  any  levee  for  the  pi'otection  of  the 
lands  of  the  district  from  overflow;  or  to  excavate  or  construct  any  ditches  or  canals. 
or  to  purchase  or  acquire  any  levee  or  levee  system  or  parts  thereof  then  constructed  or 
in  process  of  construction;  or  for  acquiring  rights  of  way  for  either  of  such  purposes 
of  building,  constructing,  or  rei^airing  the  levee  or  levees  of  such  district;  or  in  excavat- 
ing or  constructing  any  ditches  or  canals  in  such  district,  or  other  protective  works,  or 
to  purchase  and  acquire  any  levee  or  levees,  ditches,  or  canals  or  other  reclamation 
works  already  constructed  or  in  process  of  construction;  or  for  the  purpose  of  acquir- 
ing rights  of  way  for  any  such  levee,  or  ditches,  pipe-lines,  or  canals;  or  for  building, 
repairing  any  and  all  kinds  of  Avork  in  water  and  river  channels,  wherever  situate,  as 
ancillary  to  land  and  levee  protection,  including  the  straightening  of  river  channels,  or 
diverting  waters  from  the  dikes  and  levees  themselves,  or  the  lands  they  are  protecting, 
or  in  general  for  doing  any  and  all  work  of  every  character  and  description  for  the 
purpose  of  securing,  protecting,  guarding  and  preserving  the  lands  protected,  and  the 
dikes,  levees,  ditches,  excavations  or  other  i^roteetive  works,  or  for  any  and  all  of  said 
purposes,  or  for  any  one  or  more  of  said  purposes,  the  trustees  of  such  levee  district 
shall,  by  resolution,  employ  some  civil  engineer,  and  direct  him  to  make  a  report  in 
writing  to  said  board  of  trustees,  containing  his  recommendations  as  to  the  best  method 
of  doing  said  work.    Said  report  shall  show : 

1.  A  description  of  the  work  to  be  done,  including  all  ancillary  work. 


J 


1421  LiEVEE    DISTRICTS.  Act  2517,  §§  2-4 

2.  The  plans,  profiles,  cross  sections  and  specifications  of  the  work  required. 

3.  A  general  description  of  the  lands  required  for  rights  of  way  for  the  work^  if  any 
such  are  required. 

4.  An  estimate  of  the  expenses  of  such  work,  including  an  estimate  of  the  cost  of 
acquiring  rights  of  way  for  such  work,  should  such  rights  of  way  be  required. 

5.  An  estimate  of  the  cost  or  value  of  any  levee  or  levees,  ditches  or  canals  already 
constructed  or  in  process  of  construction,  or  advisable  or  proposed  to  be  acquired  as 
part  of  the  proposed  system,  including  all  work  necessary  to  be  done  for  the  protection 
of  said  main  works  and  ancillary  thereto,  and  including  moreover  the  amount  necessary 
for  the  maintenance  of  the  work  proposed  to  be  done  for  the  first  year. 

6.  An  estimate  of  all  incidental  expenses  likely  to  be  incurred  in  connection  with  the 
work,  such  as  clerical,  engineering,  inspection,  printing  and  advertising.  [Amendment 
of  May  22,  1917.    In  effect  July  27,  1917.    Stats,  1917,  p.  809.] 

Adoption  of  report. 

§  2.  After  the  report  of  the  engineer  provided  for  in  the  next  preceding  section  has 
been  filed  with  the  board  of  trustees  of  such  levee  district,  said  board  shall  consider  the 
same  and  shall  have  power,  by  resolution,  to  adopt  the  same  as  filed  by  said  engineer, 
or  to  modify  or  change  the  same,  and  to  adopt  the  same  as  so  modified  or  changed,  and 
said  report  shall  be  adopted  as  originally  presented  if  not  modified  or  changed,  but  if 
modified  or  changed  it  shall  be  adopted  as  so  modified  or  changed.  [Amendment  of 
May  22,  1917.    In  effect  July  27,  1917.    Stats.  1917,  p.  811.] 

Notice  of  adoption.    Publication. 

$  3.  Within  ten  days  after  the  adoption  of  the  report  as  provided  in  section  two  of 
this  act,  the  board  of  trustees  of  such  levee  district  shall  give  notice  thereof  as  herein- 
after provided.  Such  notice  shall  specify  a  day  and  hour  when  and  a  place  where  any 
and  all  persons  may  appear  before  said  board  and  show  cause,  if  any  they  have,  why 
said  work  provided  for  in  said  report  should  not  be  carried  out  in  accordance  therewith, 
said  time  to  be  not  less  than  twenty  nor  more  than  forty-five  days  from  the  adoption  of 
said  report. 

Said  notice  shall  briefly  outline  the  proposed  work,  and  shall  refer  to  the  said  report 
on  file  with  said  board  for  a  particular  description  of  the  work  to  be  done.  Such 
notice  shall  be  given  by  conspicuously  posting  in  three  of  the  most  public  places  within 
said  district,  and  publishing  in  some  newspaper  printed  and  published  in  the  county 
where  said  district  is  situated,  or  if  said  district  is  situated  in  more  than  one  county 
then  by  posting  in  three  of  the  most  public  places  in  that  portion  of  the  district,  situated 
in  each  county  and  by  publishing  in  a  newspaj^er  printed  and  published  in  each  of  the 
counties  wherein  any  portion  of  said  district  is  situated,  for  a  period  of  three  weeks 
prior  to  the  day  of  hearing.  Said  publication  shall  be  made  once  a  week  for  three  con- 
secutive weeks  in  a  newspaper  of  general  circulation  published  in  the  county  where 
said  district  is  situated.  If  said  district  comprises  land  situated  in  more  than  one 
county,  then  once  a  week  for  three  consecutive  weeks  in  a  newspaper  of  general  circu- 
lation in  each  of  the  counties  where  said  lands  are  situated.  It  shall  not  be  necessary 
that  publication  shall  be  made  on  the  same  day  of  the  week  in  each  of  the  three  weeks, 
but  not  less  than  sixteen  days,  including  the  day  of  the  first  publication,  shall  inter- 
vene between  the  first  publication  and  the  last  publication,  and  publication  shall  be  com- 
plete on  the  date  of  the  last  publication,  [Amendment  of  May  22,  1917.  In  effect 
July  27,  1917.    Stats.  1917,  p.  811.] 

Aflldavit  of  publisher.    Objections. 

^  4.  At  the  time  mentioned  in  the  notice  provided  for  in  section  3  of  this  act,  to 
wit:     At  the  time  specified  in  said  notice,  at  which  the  taxpayers  of  the  district  are 


Act  2517,  g§  5,  6  GENERAL   LAWS.  142^ 

notified  to  appear  before  the  board  to  show  cause  why  the  work  provided  for  in  the 
report  adopted  by  the  board  should  not  be  carried  out,  there  shall  be  filed  with  said 
board  an  affidavit  that  such  notice  has  been  posted  as  provided  for  in  said  section  3, 
and  an  affidavit  of  the  printer  or  publisher,  or  the  principal  clerk  of  such  printer  or 
publisher  of  the  newspaper  or  newspapers  in  Avhich  said  notice  has  been  published, 
showing  that  such  notice  has  been  published  as  provided  for  by  said  section  3.  Said 
board  of  trustees  or  directors,  before  proceeding  with  said  hearing,  shall  cause  to  be 
entered  upon  the  minutes  of  the  meeting  an  order  reciting  that  such  notice  of  said 
hearing  has  been  posted  and  published  according  to  law,  and  such  recitals  shall  be  con- 
clusive evidence  of  the  facts  therein  recited.  Said  board  shall  thereupon  proceed  with 
the  hearing  of  any  objections  which  shall  have  been  made  in  writing  and  filed  with  said 
board  not  later  than  the  hour  fixed  for  said  hearing  as  specified  in  said  notice,  and  no 
other  objections  shall  be  considered.  Said  hearing  may  be  continued  from  time  to  time 
bv  said  board,  and  all  parties  interested  shall  be  deemed  to  have  notice  of  said  con- 
tinuances. All  objection  to  the  performance  of  the  work  specified  in  said  report  must 
be  in  writing,  and  must  state  the  objector's  grounds  of  opposition  and  must  be  signed 
by  the  objector;  and  objections  which  do  not  comply  with  these  requirements  shall  not 
be  considered  by  said  board. 

Board  may  confirm  resolution. 

$  5.  The  board  of  trustees  shall  have  power  to  set  aside,  modify,  or  confirm  the 
resolution  provided  for  in  section  two  of  this  act;  in  case  the  board  shall  decide  that 
it  will  be  for  the  best  interests  of  the  district  to  proceed  with  the  work,  it  shall,  by 
resolution,  so  declare;  and  in  case  the  said  original  plan  of  the  work  shall  have  been 
modified  or  changed,  the  board  shall  direct  the  engineer  of  the  district  to  estimate  the 
cost  of  the  work  in  accordance  with  the  plan  so  modified  or  changed,  and  to  report  the 
same  to  the  board.  The  engineer  of  the  district  shall  thereupon,  in  case  such  original 
plan  shall  have  been  changed  or  modified,  make  a  report  to  the  board  in  accordance 
with  the  modifications  or  changes  adopted  by  it,  and  such  report  must  show: 

Report  of  engineer. 

1.  A  description  of  the  work  to  be  done  as  changed  or  modified  by  the  board,  includ- 
ing all  ancillary  work. 

2.  The  plans,  profiles,  cross  sections  and  specifications  of  the  work  as  so  changed  or 
modified  bj'  the  board. 

3.  A  general  description  of  the  lands  required  for  rights  of  way  for  the  work,  if 
any  such  are  required. 

4.  An  estimate  of  the  expense  of  such  work  in  accordance  with  the  plan  so  modified 
or  changed  by  the  board,  including  an  estimate  of  the  cost  of  acquiring  rights  of  way 
for  such  work,  if  any  such  rights  are  acquired. 

5.  An  estimate  of  the  cost  or  value  of  any  levee  or  levees,  ditches  or  canals  already 
constructed  or  in  process  of  construction,  proposed  to  be  acquired  as  part  of  the  pro- 
posed system. 

6.  An  estimate  of  all  incidental  expenses  likely  to  be  incurred  in  connection  with 
the  work  as  planned,  such  as  clerical,  engineering,  inspection,  printing  and  advertising, 
including  all  work  necessary  to  be  done  for  the  protection  of  said  main  works,  and 
ancillary  thereto,  and  including  furthermore  the  amount  necessary  for  the  maintenance 
of  the  work  proposed  to  be  done,  for  the  first  year.  [Amendment  of  May  22,  1917. 
In  effect  July  27,  1917.    Stats.  1917,  p.  811.] 

Reapproval  of  report. 

§  6.  If,  after  the  hearing  provided  for  in  section  4  of  this  act,  the  report  of  the 
engineer  as  finally  adopted  under  the  provisions  of  section  2  of  this  act,  has  not  been 


1J23  LEVEE    DISTRICTS.  Act  2517.  g  7 

changed  or  modified  by  said  board,  the  board  shall,  by  resolution,  finally  reapprove 
and  readopt  said  report  in  all  respects  as  approved  and  adopted  under  the  provisions 
of  said  section  2;  in  case,  after  such  hearing,  the  report  of  the  engineer  as  finally 
adopted  under  the  provisions  of  said  section  2  has  been  changed  or  modified  by  said 
board,  the  board  shall,  by  resolution,  finally  reapprove  and  readopt  said  report  as  so 
changed  or  modified ;  and  in  either  case  the  resolution  reapproving  and  readopting  said 
report  shall  state  the  amount  of  the  entire  estimate  of  the  expense  of  such  work. 

Bonds  for  levee  districts.    Order  for  election.    Notice  of  election.     Oath  of  election 
officers. 

§  7.  Whenever  in  the  judgment  and  opinion  of  the  board  of  trustees  in  said  district 
it  would  be  for  the  best  interests  of  said  district,  or  the  land  owners  therein,  to  issue 
bonds  for  the  purpose  of  obtaining  money  to  pay  the  cost  of  construction  of  said  levee 
or  levees,  ditches  or  canals,  or  other  protective  works,  or  to  purchase  in  whole  or  in  part 
any  system  of  levee,  or  levees,  ditches  or  canals  already  constructed  or  in  process  of 
construction,  or  for  any  of  the  purposes  set  forth  in  section  one  of  this  act,  or  when  a 
petition  requesting  them  so  to  do,  signed  by  the  owners  of  more  than  one-half  of  the 
land  of  the  district,  is  filed  with  the  secretary  of  the  board,  the  board  of  trustees  of  such 
district  shall,  by  order  entered  upon  the  records  of  said  board,  order  a  special  election 
to  be  held  for  the  purj^ose  of  submitting  the  question  of  the  issuance  of  bonds  to  the 
taxpaj'ers  of  said  district.  Said  order  shall  specify  the  amount  of  bonds  it  is  proposed 
to  issue  which,  in  any  case,  shall  not  exceed  the  entire  estimate  of  the  expense  of  the 
work  as  planned,  shall  specify  the  rate  of  interest  to  be  paid,  not  exceeding  seven  per 
cent,  and  the  number  of  years,  not  exceeding  forty,  the  whole  or  any  part  of  said  bonds 
are  to  run,  and  shall  name  a  time  and  place  for  the  holding  of  such  election,  which 
place  shall  be  at  some  convenient  place  in  the  district.  In  the  case  of  joint  levee  dis- 
tricts the  said  order  shall  specify  a  polling  place  within  the  district  in  each  county,  in 
which  a  portion  of  the  district  lies.  The  board  shall  also  appoint  one  inspector,  two 
judges  and  one  clerk  to  conduct  said  election  at  each  and  every  polling  place  designated, 
all  of  whom  must  be  electors  and  taxpayers  of 'said  district.  Notice  of  such  election 
shall  be  given  by  publication,  in  a  newspaper  printed  and  published  in  the  county  in 
which  said  district  or  some  part  thereof  is  situated  once  a  week  for  at  least  three 
weeks  prior  to  such  election.  If  said  district  is  situated  in  more  than  one  county,  then 
publication  shall  be  made  in  a  newspaper  printed  and  published  in  each  county  wherein 
a  portion  of  said  district  is  situated,  and  the  provisions  relating  to  publication  provided 
in  section  three  hereof  shall  apply,  and  such  notice  must  contain  a  time  and  place  for 
the  holding  of  such  election,  the  names  of  the  election  oiBScers  to  conduct  the  same,  and 
amount  and  denominations  of  the  bonds,  the  rate  of  interest  to  be  paid,  and  the  number 
of  years,  not  exceeding  forty,  the  whole  or  any  part  of  said  bonds  are  to  run.  If  any 
election  officer  appointed  by  said  board  and  named  in  such  notice  is  not  present  at  the 
time  for  the  opening  of  the  polls,  the  voters  present  may  appoint  an  election  officer  to 
take  the  place  of  such  election  officer  so  absent.  Before  opening  the  polls  each  officer 
of  election  must  take  and  subscribe  an  oath  faithfully  to  perform  the  duties  imposed 
upon  him  by  law.    Any  voter  of  the  district  may  administer  and  certify  such  oath. 

Manner  of  voting.    Count  of  votes. 

The  polls  shall  be  kept  open  for  receiving  votes  from  ten  o'clock  a.  m.  until  four 
o'clock  p.  m.  At  such  election  any  voter  qualified  to  vote  for  the  election  officers  of 
said  district  and  none  other  shall  be  permitted  to  vote  thereat,  and  such  election  shall 
be  held  as  nearly  as  practicable  in  conformity  with  the  general  election  law  of  the 
state,  except  that  no  sample  ballot  need  be  sent  out,  except  that  registration  shall  not 
be  required,  and  except  also  that  persons  voting  at  such  bond  election  shall  put  a  cross 
(X)  upon  the  ballots  with  pencil  or  ink  after  the  words:  "bonds — yes"  and  "bonds — 


Act  2517  GENERAL  LAWS.  1424 

no"  (as  the  case  may  be)  to  indicate  whether  they  have  voted  for  or  against  the  issuance 
of  the  bonds.  The  said  ballots  shall  be  of  the  form:  "bonds — yes"  and  "bonds — no," 
or  words  of  similar  imi^ort,  together  with  a  general  statement  of  the  amount  and  pur- 
pose of  the  bonds  to  be  issued. 

At  the  close  of  the  polls  the  board  or  boards  of  election  shall  at  once  proceed  to 
count  the  votes  and  declare  the  result,  and  shall  forward  a  certificate  showing  the  same 
and  the  number  of  votes  cast  for  and  against  the  issuance  of  the  bonds  to  the  clerk  of 
the  board  of  supervisors  of  the  county  in  which  the  greater  portion  of  the  lands  of  said 
district  is  situated,  and  deliver  a  duplicate  thereof  to  the  board  of  trustees  of  the 
district,  and  shall  also  deliver  to  the  clerk  of  the  said  board  of  supervisors  all  ballots 
cast  at  such  election,  and  all  documents  and  papers  used  at  such  election. 

Contest  of  election. 

Any  person  owning  land  situated  in  said  district  may  contest  said  election  within 
twenty  days  after  the  result  thereof  has  been  declared  by  the  board  of  supervisors,  by 
filing  a  complaint  in  the  superior  court  of  the  county  where  said  land  is  situated,  and 
if  no  contest  shall  be  commenced  within  said  time  the  declaration  of  the  result  by  the 
board  of  supervisors  shall  be  final  and  conclusive. 

Canvass  of  returns. 

The  returns  of  such  election  shall  be  canvassed  and  the  result  declared  by  the  board 
of  supervisors  of  the  county  to  whom  said  returns  of  election  are  made,  at  a  special 
meeting  called  for  that  purpose  or  at  the  next  regular  meeting  of  such  board  after  such. 
election.  No  ballot  shall  be  rejected  because  of  any  distinguishing  marks  made  thereon. 
If  a  majority  of  the  voters  of  the  district  voting  at  such  election  shall  vote  in  favor 
of  the  issuance  of  bonds,  the  board  of  supervisors  shall  be,  and  it  is,  authorized  and 
directed  to  issue  bonds  of  said  district  to  the  number  and  amount  provided  in  such 
proceedings,  payable  out  of  the  bond  fund  of  such  district,  naming  the  same,  and  pro- 
vide that  the  monej'  shall  be  raised  by  taxation  upon  the  taxable  property  in  said  dis- 
trict for  the  redemption  of  said  bonds  and  the  payment  of  interest  thereon,  provided 
that  the  total  am.ount  of  bonds  so  issued  shall  not  exceed  the  entire  estimate  of  the 
expense  of  the  work  as  planned  or  determined  by  section  one,  together  with  the  expense 
of  the  maintenance  of  said  works  for  one  year  after  their  completion. 

Duty  of  board  of  supervisors. 

The  board  of  supervisors  to  whom  said  returns  of  election  are  made,  by  an  order  upon 
its  minutes  shall  prescribe  the  form  of  said  bond  and  the  interest  coupons  attached 
thereto,  and  provide  whether  the  same  shall  be  paid  in  lawful  money  of  the  United 
States  or  in  gold  coin,  and  fix  the  time  when  the  whole  or  any  part  of  the  principal 
of  said  bonds  shall  be  payable,  which  shall  not  be  more  than  forty  years  from  the  date 
thereof;  and  said  bonds  shall  be  issued  in  sums  of  not  less  than  one  hundred  dollars 
nor  more  than  one  thousand  dollars  each,  and  shall  not  have  more  than  forty  years  to 
run,  and  shall  bear  interest  at  a  rate  not  exceeding  seven  per  cent  per  annum,  payable 
semiannually,  and  said  bonds  shall  be  substantially  in  the  following  form: 

Form  of  bond. 

STATE  OF  CALIFOENIA 
No $ 

BOND    OF 

Levee  District. 

In  the  county  (or  counties)  of 

State  of  California. 

district,  of  the  county  of   (or  counties  of) state  of 

California,  for  value  received,  hereby  acknowledges  itself  indebted  and  promises  to  pay 


I 


1425  LEVEE    DISTRICTS.  Act  2517 

to  the  holder  of  this  bond  on  the  first  day  of ,  191. .,  at  the 

office  of  the  treasurer  of  the  county  of in  the  city  of 

state  of  California,  the  sum  of dollars  in  gold  coin  (or  lawful  money) 

of  the  United  States,  with  interest  at  the  rate  of per  cent  ( . .%)  per  annum,  pay- 
able semiannually  upon  the  first  day  of and  the  first  day  of 

of  each  and  every  year  from  and  after  the  date  hereof,  at  the  office  of  the  treasurer 
aforesaid,  on  presentation  and  surrender  of  the  interest  coupons  hereto  attached,  until 
this  bond  is  fully  paid.  This  bond  is  issued  by  the  board  of  supervisors    of    the    said 

county  of in  conformity  with  the  resolution  of  said  board  dated  the 

day  of 191. .,  and  under  the  authority  conferred  upon  the  said 

board  by  the  provisions  of  the  act  of  the  legislature  of  the  state  of  California,  entitled 
"An  act  authorizing  levee  districts  of  the  state  to  incur  a  bonded  indebtedness  for  the 
purjjose  of  building,  constructing  and  repairing  levees  of  the  district,  or  for  excavating 
and  constructing  ditches  or  canals  of  such  district,  etc. 

(Here  will  be  inserted  in  the  final  draft  the  correct  designation  of  the  act  approved 
March  8,  1911,  together  with  acts  amendatory  thereof.) 

It  is  hereby  declared  that  said levee  district  is  a  levee  district  duly 

created,  organized,  established  and  incorporated  in  strict  conformity  to  the  laws  of 
the  state  of  California  relating  thereto. 

It  is  furthermore  declared  that  a  majority  of  the  qualified  electors  of  said  levee  dis- 
trict voting  at  a  special  election  held  therein  on  the day  of ,  19. .. 

which  said  election  was  held  to  determine  whether  bonds  of  said  levee  district,  in  th.* 

amount  of  $ should  be  issued  and  sold  for  the  purpose  of  raising  monej 

for  the  purposes  prescribed  in  said  act,  voted  in  favor  thereof. 

It  is  hereby  further  declared  that  said  election  was  duly  called,  duly  held  and  duly 
conducted  and  the  notices  thereof  duly  given,  and  the  result  thereof  canvassed  and 
declared  in  accordance  with  the  provisions  of  the  act  above  mentioned,  and  that  all 

other  proceedings  of  the  board  of  supervisors  of  such levee  district,  and 

of  the  board  of  supervisors  of  said  county,  in  the  matter  of  the  issuance  of  this  bond, 
were  regular  and  in  strict  accordance  with  the  provisions  of  the  said  act  above  men- 
tioned, and  of  the  constitution  of  the  state  of  California;  and  that  the  total  bonded 
indebtedness  of  said  district  authorized  at  said  election  does  not  exceed  the  entire 
estimate  of  the  expense  of  the  work  planned  and  the  cost  of  the  maintenance  of  said 
work  for  one  year  after  the  date  of  their  completion. 

This  bond  is  in  the  form  prescribed  by  the  order  of  said  board  of  supervisors,  duly 
made  and  entered  in  its  minutes  on  the day  of ,  19. .,  and  in  sub- 
stantial conformity  to  the  form  prescribed  by  said  act,  and  this  bond  shall  be  payable 
out  of  the  bond  fund  of  said levee  district,  and  the  money  for  the  redemp- 
tion of  said  bond,  and  the  payment  of  the  interest  thereon,  shall  be  raised  by  taxation 
upon  the  taxable  property  of  said  district. 

In  witness  whereof  the  said  board  of  supervisors  has  caused  this  bond  to  be  signed 
by  its  chairman  and  by  the  auditor  of  said  county,  with  its  seal  of  office  attached 
this day  of ,  19. . 


Chairman  of  the  board  of  supervisors  of  the 
county  of 

Attest: 


Auditor  of county. 

Form  of  interest  coupon. 

The  interest  coupon  shall  be  in  the  following  form: 

On  the day  of >  19. .,  the  treasurer  of  the  county  of. 


Gen.  Laws — 90 


Act  2517,  8§  8-8b 


GENBRAL.   LAWS.  1426 


state  of  California,  will  pay  to  the  holder  hereof  out  of  the  bond  fund  of  the 

levee  school  district  of  said  county,  at  his  office,  in  the  city  of 

in  said  county,  the  sum  of  $ for  interest  on  bond  of  said  district, 

yjo] [Amendment  of  May  22,  1917.    In  effect  July  27,  1917.    Stats.  1917, 

p.  812.] 

This  section  was  also  amended  May  29,  1915,  Stats.  1915,  p.  914, 

Bonds  to  be  numbered  and  signed. 

^  8.  Bonds  issued  under  this  act  shall  be  numbered  consecutively,  signed  by  the 
chainnan  of  the  board  of  supervisors  and  attested  by  the  county  auditor,  who  shall 
attix  thereto  his  oflicial  seal.  The  coupons  shall  be  numbered  consecutively  and  signed 
bv  the  treasurer  by  original,  or  engraved,  or  lithographed  facsimile  signature,  and  the 
bonds  and  coupons  shall  be  payable  at  the  office  of  the  county  treasurer.  In  case  any 
officer  whose  signature  or  attestation  or  countersignature  appears  on  any  bonds  or 
coupons  thereof  issued  under  the  provisions  of  this  act  shall  cease  to  be  such  officer 
before  the  sale  or  delivery  of  said  bonds  to  the  purchaser  thereof,  such  signature, 
countersignature  or  attestation  appearing  either  on  the  bonds  or  the  coupons  or  on  both 
shall  nevertheless  be  valid  and  sufficient  for  all  purposes,  the  same  as  if  such  officer  had 
remained  in  office  until  the  sale  or  delivery  of  such  bonds.  [Amendment  of  May  22, 
19 J 7.     In  effect  July  27,  1917.     Stats.  1917,  p.  816.] 

Sale  of  bonds. 

^  8a.  Said  bonds  must  be  sold  in  the  manner  prescribed  by  the  board  of  supervisors, 
but  for  not  less  than  par.  The  board  of  supervisors  may  sell  all  the  bonds  of  said 
issue  at  one  time,  or  may  sell  less  than  the  whole,  to  wit,  any  part  thereof,  at  one  time, 
and  from  time  to  time.  In  the  event  the  whole,  or  any  part  of  said  issue  of  bonds,  may 
be  offered  for  sale  at  one  time,  the  board  of  supervisors  may  sell  either  the  whole  or  any 
lesser  number  of  the  bonds  so  offered  for  sale.  All  moneys  realized  from  the  sale  of 
said  bonds  shall  be  placed  on  deposit  with  the  county  treasurer  to  the  credit  of  the  bond 
fund  of  said  district,  and  shall  not  be  expended  for  any  purpose  other  than  that  for 
which  said  bonded  indebtedness  was  incurred  as  specified  in  section  one  of  this  act. 
[New  section  added  May  22,  1917.     In  effect  July  27,  1917.     Stats.  1917,  p.  816.] 

Action  to  have  bonds  declared  valid.     Summons. 

$  8b.  As  soon  as  said  bonds  shall  have  been  delivered  to  said  county  treasurer,  the 
board  of  trustees,  or  any  holder  of  title,  or  evidence  of  title,  including  possessory  rights, 
to  lands  contained  in  the  district,  may,  in  order  to  determine  that  said  bonds  are  a  legal 
obligation  of  the  district,  institute  a  proceeding  therefor  in  the  superior  court  of  the 
county  in  which  the  district  was  organized  by  filing  with  the  clerk  of  said  county  a  com- 
plaint setting  forth  that  on  a  date  therein  named  bonds  of  said  district  were  delivered 
to  the  said  treasurer,  stating  the  amount  of  such  bonds,  and  praying  that  such  bonds 
be  adjudged  to  be  a  valid  legal  obligation  of  such  district.  The  summons  in  such  pro- 
ceeding shall  be  served  by  publishing  a  copy  thereof  once  a  week  for  four  weeks  in 
some  newspaper  of  general  circulation  published  in  each  county  in  which  any  of  the 
lands  contained  in  said  district  are  located.  Within  thirty  days  after  the  last  publica- 
tion thereof  shall  have  been  completed  and  proof  thereof  filed  with  the  court,  any  per- 
son interested  may  appear  and  answer  said  complaint,  in  which  case  said  answer  shall 
set  forth  the  facts  relied  upon  to  show  the  invalidity  of  said  bonds.  If  no  answer  shall 
be  filed  within  said  time,  the  court  must  render  judgment  as  prayed  for  in  the  com- 
plaint. If  an  answer  be  filed  the  court  shall  proceed  as  in  other  civil  cases.  Said  pro- 
ceeding is  hereby  declared  to  be  a  proceeding  in  rem  and  the  judgment  rendered  therein 
shall  be  conclusive  against  all  persons  whomsoever  and  against  the  state  of  California. 
In  the  event  said  district  comprises  lands  situated  in  more  than  one  county,  such  action 


I 


1127  LEVEE    DISTRICTS.  Act  2517.  §§  8c,  9 

shall  be  brought  in  the  superior  court  of  the  county  in  which  the  larger  portion  of  the 
district  is  situated. 

Treasurer's  record. 

The  treasurer  of  the  county  shall  keep  a  record  of  all  bonds  by  number,  date  of  saler 
amount,  date  of  maturity,  and  the  name  and  post-office  address  of  the  purchaser  whet 
known,  which  record  shall  be  open  at  all  times  for  public  inspection.  [New  section 
added  May  22,  1917.    In  effect  July  27,  1917.     Stats.  1917,  p.  817.] 

Bonds  exempt  from  taxation. 

$  8c.  Any  bonds  issued  by  any  levee  district  under  the  provisions  of  this  act  are 
hereby  g^ven  the  same  force,  value  and  use  as  bonds  issued  by  any  municipality  and 
shall  be  exempt  from  all  taxation  within  the  state  of  California. 

Bonds  legal  investment. 

The  bonds  of  levee  districts  issued  pursuant  to  this  act  may  be  lawfully  purchased  or 
received  in  pledge  for  loans  by  banks,  trust  companies,  guardians,  executors,  adminis- 
trators, and  special  administrators,  or  by  any  public  officer  or  officers  of  this  state,  or 
of  any  county,  city,  or  city  and  county,  or  other  municipal  or  corporate  body  within 
the  state,  having  or  holding  bonds  which  they  are  allowed  by  law  to  invest  or  loan. 
[New  section  added  May  22,  1917.    In  effect  July  27, 1917.     Stats.  1917,  p.  817.] 

Tax  to  pay  interest  and  principal. 

^  9.  In  addition  to  any  other  estimate  which  the  board  of  trustees  may  be  required 
by  law  to  make  and  to  submit  to  the  board  of  supervisors  of  the  county  in  which  said 
district  is  situated,  the  board  of  trustees,  on  or  before  the  first  day  of  September  of 
each  year,  shall  certify  to  the  board  of  supervisors,  if  said  district  is  situated  in  one 
county,  but  if  it  comprises  lands  situated  in  more  than  one  county,  then  the  respective 
boards  of  supervisors  of  each  county  within  which  lands  of  said  district  are  situated, 
the  amount  of  interest  upon  all  outstanding  bonds  to  grow  due  within  the  said  year, 
and  the  amount  of  moneys  necessary  to  redeem  any  or  all  outstanding  bonds  that  may 
grow  due  in  said  year.  At  the  time  when  by  law  it  is  the  duty  of  the  board  of  super- 
visors of  said  county  to  fix  the  annual  tax  rate  of  such  county,  said  board  of  supervisors 
must  le\'y  a  tax  upon  the  taxable  property  situated  in  such  levee  district,  for  the  inter- 
est and  redemption  of  said  bonds,  and  such  tax  must  not  be  less  than  sufficient  to  pay 
the  interest  on  said  bonds  for  that  year  and  such  portion  of  the  principal  as  is  to 
become  due  during  such  year,  and  such  proportion  of  the  principal  that  at  the  end  of 
ten  years  the  sum  raised  from  such  levies  shall  equal  at  least  twenty-five  per  cent  of 
the  amount  of  bonds  issued,  at  the  end  of  twenty  years  at  least  fifty  per  cent  of  the 
amount,  and  at  and  before  the  date  of  the  maturity  of  the  bonds  shall  be  equal  to  the 
whole  amount  of  the  principal,  and  the  money  arising  from  such  levies  shall  be  known 
as  the  bond  fund,  and  shall  be  used  for  the  payment  of  bonds  and  interest  coupons  and 
for  no  other  purpose  whatever;  and  the  county  treasurer  shall  open  and  keep  in  his 
book  a  separate  and  special  account  which,  at  all  times,  shall  show  the  exact  condition 
of  such  bond  fund. 

Levy  and  collection.    Lien  on  property. 

Such  tax  shall  be  levied  on  all  property  in  the  territory  comprising  the  district,  and 
shall  be  collected  at  the  same  time  and  in  the  same  manner  and  form  as  county  taxes  are 
collected,  and  when  collected  shall  be  held  by  the  treasurer  for  the  credit  of  said  dis- 
trict, to  be  paid  by  orders  of  such  treasurer  issued  under  the  authority  of  and  signed 
by  the  president  of  the  board  of  trustees  of  said  district.  Such  taxes  shall  be  a  lien 
on  all  the  property  within  the  territory  comprising  the  district,  and  of  the  same  force 


Act  2517,  §10  GENERAL,   LAWS.  1428 

and  effect  as  other  liens  for  taxes,  and  its  collection  shall  be  enforced  by  the  same 
means  and  in  the  same  manner  as  provided  for  in  the  enforcement  of  liens  for  county 
taxes. 

Levy  and  collection  of  tax  when  land  situated  in  more  than  one  county. 

In  the  event  the  said  district  comprises  land  situated  in  more  than  one  county,  then 
said  estimate  shall  be  furnished  to  the  board  of  supervisors  of  each  of  the  counties 
within  which  said  lands  of  said  district  are  situated.  In  such  case  at  the  time  when 
by  law  it  is  the  duty  of  the  board  of  supervisors  of  said  respective  counties  to  fix  the 
annual  tax  rate  of  each  county,  it  shall  be  the  duty  of  the  board  of  supervisors  of  each 
of  said  counties  respectively  to  levy  a  tax  upon  the  taxable  property  in  such  levee  dis- 
trict as  may  be  situated  in  said  county  for  the  interest  and  redemption  of  said  bonds, 
and  such  tax  must  not  be  less  in  the  aggregate  than  sufficient  to  pay  the  interest  on 
said  bonds  for  that  year  and  such  portion  of  the  principal  as  is  to  become  due  during 
such  year,  and  such  portion  of  the  principal  that  at  the  end  of  ten  years  the  sum  raised 
from  such  levies  shall  equal  at  least  twenty-five  per  cent  of  the  amount  of  bonds  issued, 
at  the  end  of  twenty  years  at  least  fifty  per  cent  of  the  amount,  and  at  and  before  the 
date  of  maturity  of  the  bonds  shall  be  equal  to  the  whole  amount  of  the  principal,  and 
the  money  arising  from  such  levies  shall  be  known  as  the  bond  fund  and  shall  be  used 
for  the  payment  of  bonds  and  interest  coupons  and  for  no  other  purpose  whatever. 
The  countj'  treasurer  of  each  county  shall  open  and  keep  in  his  book  a  separate  and 
special  account  which  shall  at  all  times  show  the  exact  condition  of  such  bond  fund. 
Such  tax  shall  be  levied  on  all  property  in  the  territory  comprising  the  district  situated 
in  said  county,  and  shall  be  collected  at  the  same  time  and  in  the  same  manner  and 
form  as  county  taxes  are  collected,  and  when  collected  shall  be  held  by  the  treasurer  of 
each  of  said  counties.  Upon  the  first  days  of  January,  April,  July  and  October  of  each 
year  succeeding  the  date  of  issuance  of  said  bonds,  the  county  treasurer  of  each  county, 
other  than  the  county  wherein  the  larger  portion  of  the  lands  of  said  district  is  situ- 
ated, shall  transmit  to  the  county  treasurer  of  the  county  in  which  the  larger  portion 
of  the  lands  of  said  district  is  situated  all  sums  then  in  his  possession  in  said  bond  fund, 
and  the  county  treasurer  of  the  county  in  which  the  larger  portion  of  the  lands  of  said 
district  is  situated  shall  issue  his  receipt  therefor.  Such  taxes  shall  be  a  lien  upon  all 
the  property  within  the  territory  comprising  the  district,  and  of  the  same  force  and 
effect  as  other  liens  for  taxes,  and  the  collection  of  said  taxes  shall  be  enforced  by  the 
same  means  and  in  the  same  manner  as  provided  by  law  for  the  enforcement  of  liens 
for  county  taxes.  [Amendment  of  May  22,  1917.  In  effect  July  27,  1917.  Stats.  1917, 
p.  818.] 

This  section  was  also  amended  May  29,  1915,  Stats.  1915,  p.  916. 

Redemption  of  bonds. 

$  10.  Whenever  there  shall  be  in  the  bond  fund  of  such  district  a  surplus  of  one 
thousand  dollars  or  more,  over  and  above  the  interest  maturing  before  the  next  levy,  the 
treasurer  shall  give  notice  for  two  weeks  in  one  or  more  newspapers  of  general  circula- 
tion, printed  and  published  in  the  county  in  which  such  district  is  situated,  stating  the 
amount  of  such  surplus,  and  that  on  the  day  and  hour  named  in  such  notice,  sealed 
proposals  will  be  received  at  his  office  for  the  surrender  of  bonds  of  the  district,  and 
shall  at  the  time  and  place  named  open  the  proposals  and  accept  the  lowest  bid;  pro- 
vided, that  no  bid  shall  be  accepted  for  an  amount  exceeding  the  par  value  of  such  bonds 
with  accrued  interest;  if  bids  are  not  offered  at  par,  or  less,  sufficient  to  exhaust  the  „ 
amount  on  hand  applicable  to  redemption,  the  treasurer  shall  publish  for  the  same  time  ■I 
and  in  the  same  manner  a  notice  that  he  will  redeem  a  bond  or  bonds  of  said  district, 
giving  the  number  or  numbers  thereof,  and  that  if  not  presented  for  redemption  within 
thirty  days  after  the  date  of  the  first  publication  of  such  notice,  the  interest  thereoD 


1  «-9  LEVEE    DISTRICTS.  Act  2518,  §  1 

will  cease,  and  the  amount  due  thereon  will  be  set  aside  for  the  payment  of  such  bond 
or  bonds  whenever  presented.  If  any  such  bond  be  not  so  presented,  interest  thereon 
shall  cease,  and  the  amount  due  thereon  shall  be  set  aside  as  specified  in  said  notice. 
All  redemption  of  bonds  other  than  those  voluntarily  surrendered  shall  be  made  in  the 
exact  order  of  their  numbering,  beginning  with  the  lowest  or  first  number.  [Amend- 
ment of  May  22,  1917.     In  efeect  July  27,  1917.     Stats.  1917,  p.  819.] 

Act  fid!  authority  for  issuance  and  sale  of  bonds.    Levee  district  fund. 

^  11.  This  act  shall  without  reference  to  any  other  act  of  the  legislature  of  the  state 
of  California  be  full  authority  for  the  issuance  and  sale  of  the  bonds  in  this  act  author- 
ized, which  bonds  shall  have  all  the  qualities  of  negotiable  paper  under  the  law  mer- 
chant, and  when  executed  by  the  officials  as  provided  in  this  act  in  conformity  with  the 
provisions  of  this  act,  and  when  sold  in  the  manner  prescribed  therein  and  the  consid- 
eration therefor  received  by  the  county  treasurer  for  the  benefit  of  said  district,  shall 
not  be  invalid  for  any  irregularity  or  defect  in  the  proceedings  for  the  issuance  and  sale 
thereof,  and  shall  be  incontestible  in  the  hands  of  bona  fide  purchasers  or  holders 
thereof  for  value.     The  moneys  obtained  from  the  sale  of  such  bonds  shall  be  by  the 

county  treasurer  placed  in  a  fund  to  be  called  the  ** levee 

district  fund,"  and  all  payments  of  any  of  the  exjoenses  of  the  work  or  improvements 
for  which  said  bonded  indebtedness  was  incurred  shall  be  paid  out  upon  warrants  drawn 
bj"^  the  board  of  trustees  of  said  levee  district.  [New  section  added  May  22,  1917.  In 
effect  July  27, 1917.     Stats.  1917,  p.  820.] 

Old  ^  11.     This  act  shall  take  effect  immediately. 

This  section  was  not  repealed,  although  a  new  section  was  added  and  given  the  same 
number. 

SACRAMENTO  RIVER  WEST  SIDE  LEVEE  DISTRICT. 
ACT  2518 — An  act  to  create  a  levee  district  to  be  called  and  designated  Sacramento 
river  west  side  levee  district;  to  prevent  the  overflow  of  flood  waters  from  the  Sacra- 
mento river  from  flooding  onto  the  lands  within  said  district  by  the  construction  of 
levees  along  the  west  bank  of  the  Sacramento  river  and  adjacent  thereto  and  main- 
tain the  same;  providing  for  the  election  and  appointment  of  officers  of  said  levee  dis- 
trict; defining  the  powers,  duties  and  compensation  of  such  officers;  and  providing  for 
levying  and  collecting  assessments  upon  the  lands  within  said  levee  district. 

History:  Approved  May  18,  1915.  In  effect  August  8,  1915.  Stats. 
1915,  p.  516.  Amended  May  26,  1917.  In  effect  July  27,  1917.  Stats. 
1917,  p.  1211. 

Sacramento  river  west  side  levee  district  created.    Boundaries. 

$1.  A  levee  district  is  hereby  created  to  be  known  and  designated  "Sacramento 
river  west  side  levee  district,"  and  is  hereinafter  in  this  act  designated  as  "district," 
the  boundaries  of  which  said  district  shall  be  as  follows: 

Beginning  at  a  point  seven  hundred  and  sixty  feet  north,  and  three  hundred  and 
twenty-six  feet  east  of  southeast  corner  of  the  northwest  quarter  of  the  northwest 
quarter  of  section  seven,  in  township  eleven  north,  range  two  east,  Mount  Diablo  base 
and  meridian,  the  same  being  a  point  of  junction  with  the  present  existing  levee  around 
reclamation  district  number  seven  hundred  and  eighty-seven  and  the  center  line  of  the 
back  or  westerly  levee  of  reclamation  district  number  one  hundred  and  eight;  thence 
running  in  a  northwesterly  and  northerly  direction  along  the  center  line  and  within  the 
right  of  way  of  the  back  or  westerly  levee  of  said  reclamation  district  one  hundred  and 
eight  to  a  junction  with  the  existing  levee  of  reclamation  district  number  one  hundred 
and  eight;  said  levee  being  commonly  known  as  the  Howell  Point  levee,  said  junction 
point  being  eight  hundred  and  twenty-three  feet  north  and  six  hundred  and  nine  feet 
east  of  the  northwest  corner  of  the  northeast  quarter  of  the  southwest  quarter  of  sec- 


Art  2518  GENERAL   LAWS.  1430 

tion  thirty,  township  thirteen  north,  range  one  east,  Mount  Diablo  base  and  meridian, 
the  center  line  of  said  levee  right  of  way  being  more  particularly  described  as  follows: 
Be^jinning  at  a  point  seven  hundred  and  sixty  feet  north  and  two  hundred  and  eight 
feet  east  of  the  southeast  corner  of  the  northwest  one-quarter  of  the  northwest  one- 
quarter  of  section  seven,  township  eleven  north,  range  two  east.  Mount  Diablo  base  and 
meridian,  and  running  thence  northwesterly  in  a  direct  line  through  the  northwest  one- 
quarter  of  the  northwest  one-quarter  of  section  seven  and  the  southwest  one-quarter  of 
the  southwest  one-quarter  of  section  six,  township  eleven  north,  range  two  east,  the 
south  one-half  of  section  one,  the  north  one-half  of  the  southeast  one-quarter  of  section 
two,  the  northeast  one-quarter  of  section  three  in  township  eleven  north,  range  one  east, 
and  the  south  one-half  of  section  thirty-four,  township  twelve  north,  range  one  east,  to 
a  point  three  hundred  feet  north  of  the  northwest  corner  of  the  southwest  one-quarter 
of  the  southwest  one-quarter  of  said  section  thirty-four;  thence  in  a  direct  line  north- 
westerly through  the  south  one-half  of  section  thirty-three,  and  the  southeast  one- 
quarter  of  section  thirty-two  to  the  center  of  said  section  thirty-two,  in  township  twelve 
north,  range  one  east,  thence  in  a  direct  line  northwesterly  through  the  northwest  one- 
quarter  of  section  thirty-two  to  the  southeast  corner  of  the  northeast  one-quarter  of  the 
northeast  one-quarter  of  section  thirty-one,  township  twelve  north,  range  one  east; 
thence  in  a  direct  line  northwesterly  across  the  northeast  one-quarter  of  section  thirty- 
one,  and  the  east  one-half  and  the  northwest  one-quarter  of  section  thirty,  and  the 
southwest  one-quarter  of  section  nineteen,  township  twelve  north,  range  one  east,  and 
the  southeast  one-quarter  of  section  twenty-four,  township  twelve  north,  range  one 
west,  to  a  point  three  hundred  feet  west  of  the  one-quarter  section  corner  between  sec- 
tion nineteen,  township  twelve  north,  range  one  east,  and  section  twenty-four,  town- 
ship twelve  north,  range  one  west;  thence  north,  parallel  with  and  three  hundred  feet 
west  of  the  Mount  Diablo  meridian  between  townships  twelve  north,  range  one  east, 
and  one  west;  through  the  east  half  of  the  east  half  of  section  twenty-four,  the  east 
half  of  the  east  half  of  section  thirteen,  the  east  half  of  the  east  half  of  section  twelve, 
and  the  east  half  of  the  east  half  of  section  one,  in  township  twelve  north,  range  one 
west,  to  a  point  three  hundred  feet  west  of  the  corner  to  townships  twelve  and  thirteen 
north,  ranges  one  east  and  one  west;  thence  in  a  direct  line  northeasterly  through  thc' 
southeast  one-quarter  of  section  thirty-six,  township  thirteen  north,  range  one  west,  and 
the  west  one-half  of  section  thirty-one,  township  thirteen  north,  range  one  east,  to  a 
point  on  the  north  line  of  section  thirty-one,  township  thirteen  north,  range  one  east, 
from  whence  the  southeast  corner  of  the  southeast  one-quarter  of  the  southwest  one- 
quarter  of  section  thirty,  township  thirteen  north,  range  one  east,  bears  west  four 
hundred  and  fifty-nine  feet  distant;  thence  in  a  direct  line  north  no  degrees  fifty-three 
minutes  east  one-half  of  a  mile  across  the  southwest  one-quarter  of  section  thirty,  town- 
ship thirteen  north,  range  one  east;  thence  from  said  point  north  no  degrees  fifty-tliree 
minutes  east  eight  hundred  and  twenty-two  feet  across  the  southeast  one-quarter  of  the 
northwest  one-quarter  of  said  section  thirty,  to  a  point  in  the  right  of  way  of  the  exist- 
ing Ilowell  Point  levee. 

Thence  leaving  said  junction  point  with  the  said  Howell  Point  levee  of  reclamation 
district  number  one  hundred  and  eight,  said  junction  point  being  eight  hundred  and 
twenty-three  feet  north  and  six  hundred  and  nine  feet  east  of  the  northwest  corner  of 
the  northeast  quarter  of  the  southwest  quarter  of  section  thirty,  township  thirteen  north, 
range  one  east.  Mount  Diablo  base  and  meridian,  and  running  along  the  center  line 
and  within  the  existing  right  of  way  of  said  Howell  Point  levee  of  said  reclamation 
district  number  one  hundred  and  eight  northwesterly  a  distance  of  thirty-one  thousand, 
three  hundred  and  sixty-nine  feet,  more  or  less,  to  a  point  on  the  center  of  said  levee 
and  on  the  line  between  section  four,  township  thirteen  north,  range  one  west  and  sec- 
tion  thirty-three,  township  fourteen   north,  range  one  west,  Mount  Diablo  base  and 


J431  LEVtIE    DISTRICTS.  Act  Z518 

meridian;  thence  following  the  center  line  of  the  existing  reclamation  district  number 
one  hundred  and  eight  back  levee  north  forty-two  degrees,  forty-five  minutes  west,  two 
thousand  five  hundred  and  forty-two  feet  across  the  southwest  one-quarter  of  section 
thirty-three,  township  fourteen  north,  range  one  west.  Mount  Diablo  base  and  meridian ; 
thence  across  the  northwest  one-quarter  of  the  southwest  one-quarter  of  said  section 
thirty-three,  and  the  northeast  one-quarter  of  the  southeast  one-quarter  of  section 
thirty-two,  said  township  and  range,  north  forty-eight  degrees  thirty-five  minutes  west 
seven  hundred  and  seventeen  feet ;  thence  across  the  northeast  one-quarter  of  the  south- 
east one-quarter,  and  the  southeast  one-quarter  of  the  northeast  one-quarter  of  section 
thirty-two,  said  township  and  range,  north  nine  degrees,  thirty-eight  minutes  west,  six 
hundred  and  seventy-five  feet;  thence  across  the  east  half  of  the  east  half  of  sections 
twenty-nine  and  thirty-two,  said  township  and  range,  north  three  degrees,  twenty-nine 
minutes  west,  three  thousand  six  hundred  and  fifteen  feet;  thence  across  the  southeast 
one  quarter  of  section  twenty-nine,  and  the  southwest  one-quarter  of  section  twenty- 
eight,  said  township  and  range,  east  six  hundred  and  twenty-two  feet  to  a  point  two 
hundred  and  twenty-five  feet  east  and  forty-five  feet  south  of  the  one-sixteenth  corner 
between  the  southeast  quarter  of  section  twenty-nine  and  the  southwest  quarter  of  sec- 
tion twenty-eight,  said  township  and  range;  thence  across  the  west  one-half  of  the  west 
one-half  of  section  twenty-eight,  said  township  and  range,  north  no  degrees,  twenty- 
three  minutes  east,  eighteen  hundred  and  sixty  feet,  more  or  less,  to  the  center  line  of 
Sycamore  slough ;  thence  in  a  northerly  direction  along  the  center  line  of  said  slough  to 
a  point  where  said  slough  crosses  the  line  between  sections  five  and  six,  township  four- 
teen north,  range  one  west;  thence  north  along  said  line,  three  thousand  feet,  more  or 
less,  to  the  northeast  corner  of  said  section  six;  thence  west  along  the  north  line  of 
said  section,  thirty-two  hundred  feet,  more  or  less,  to  a  point  due  south  of  the  south- 
west corner  of  the  Davis  west  levee;  thence  north  one  hundred  feet,  more  or  less,  to 
the  center  line  of  the  said  Davis  west  levee;  thence  northerly  along  the  center  line  of 
said  levee,  one  mile,  more  or  less,  to  the  south  line  of  section  thirty,  township  fifteen 
north,  range  one  west;  thence  west  three-fourths  mile  more  or  less  to  the  quarter  sec- 
tion corner  between  sections  twenty-five  and  thirty-six,  township  fifteen  north,  range 
two  west;  thence  north  two  and  one-half  miles  to  the  center  of  section  thirteen,  town- 
ship fifteen  north,  range  two  west ;  thence  west  one-half  of  a  mile  to  the  quarter  section 
corner  between  sections  thirteen  and  fourteen,  township  fifteen  north,  range  two  west ; 
thence  north  one  mile  to  the  quarter  section  corner  between  sections  eleven  and  twelve, 
township  fifteen  north,  range  two  west;  thence  west  one-half  of  a  mile  to  the  center  of 
said  section  eleven ;  thence  north  one  mile  to  the  center  of  section  two,  township  fifteen 
north,  range  two  west;  thence  west  one-half  of  a  mile  to  the  quarter  section  corner  on 
the  west  boundary  of  the  said  section  two ;  thence  north  one  mile  to  the  quarter  sectioi 
corner  between  sections  thirty-four  and  thirty-five,  township  sixteen  north,  range  two 
west;  thence  east  through  the  center  of  said  section  thirty-five  and  along  the  center 
line  of  road  number  sixty-four  (old  series),  of  Colusa  county,  one  mile,  more  or  less; 
thence  continuing  northeasterly  along  the  center  line  of  the  said  road  number  sixty-four 
(old  series),  the  same  being  known  as  the  "Colusa  and  Williams  road,"  one  and  three- 
eighths  miles,  more  or  less,  to  the  south  boundary  line  of  the  town  of  Colusa;  thence 
southeasterly  along  the  south  boundary  line  of  the  town  of  Colusa  to  the  southeast  cor- 
ner thereof;  thence  northeasterly  along  the  east  boundary  line  of  the  town  of  Colusa 
to  a  point  where  the  said  line  intersects  the  right  bank  of  the  Sacramento  river;  thence 
down  the  right  bank  of  the  Sacramento  river  to  a  point  where  the  said  right  bank  of 
the  Sacramento  river  intersects  the  right  or  southerly  bank  of  Lower  Sycamore  slough ; 
thence  leaving  the  right  bank  of  the  said  Sacramento  river  and  running  in  courses  and 
distances  as  follows:  South  sixty-one  degrees,  thirty-five  minutes,  west  two  hundred  and 
fifty-nine  feet;  thence  south  three  degrees,  forty-three  minutes  west,  one  hundred  and 


Act  2518,  §§  2,  3  GENERAL,  LAWS.  1432 

one  and  sixty  five  hundredths  feet;  thence  south  fifty-five  degrees,  twelve  minutes  west, 
five  hundred  and  fifteen  and  ninety-five  hundredths  feet;  thence  south  twelve  degrees, 
twenty-seven  minutes  west,  two  hundred  and  sixty-five  and  seventy-four  hundredths 
feet;  thence  south  forty-two  degrees,  thirty-four  minutes  west,  six  hundred  and  thirty- 
nine  and  four-tenths  feet;  thence  south  thirty-nine  degrees,  thirty-four  minutes  west, 
eight  hundred  and  two  and  forty-seven  hundredths  feet;  thence  south  fifty-eight  degrees, 
forty-one  minutes  west,  three  hundred  and  ninety-six  and  eight-tenths  feet;  thence 
south  fifty-two  degrees,  thirty  minutes  east,  seven  hundred  and  twenty-eight  and  seven- 
tenths  feet;  thence  south  fifty-two  degrees,  eleven  minutes  east,  five  hundred  and  nine 
and  thirty-three  hundredths  feet;  thence  south  forty-four  degrees,  forty-eight  minutes 
west,  six  hundred  and  ninety-nine  and  three-tenths  feet;  thence  south  eighty-eight 
degrees,  twenty-one  minutes  west,  four  hundred  and  eight  and  twenty-two  hundredths 
feet  to  the  northeast  corner  of  section  twenty-two,  township  eleven  north,  range  two 
east.  Mount  Diahlo  hase  and  meridian;  thence  north  eighty-nine  degrees,  seventeen  min- 
utes, thirty  seconds  west,  three  hundred  and  forty-five  and  ninety-five  hundredths  feet; 
thence  north  forty-five  degrees,  twenty-nine  minutes,  thirty  seconds  west,  one  thousand 
four  hundred  and  fifty  feet,  more  or  less,  to  the  center  line  of  the  southerly  levee  of 
reclamation  district  number  seven  hundred  and  eighty-seven;  thence  following  said 
center  line  of  said  levee  in  a  northwesterly  direction  through  the  south  one-half  and 
the  northwest  one-quarter  of  section  fifteen  of  said  township  and  range;  thence  con- 
tinuing along  the  center  line  of  said  levee  in  a  westerly  direction  through  the  south  one- 
half  of  the  north  one-half  of  section  sixteen  and  the  northeast  one-quarter  of  section 
seventeen,  of  said  township  and  range;  thence  continuing  along  the  center  line  of  said 

levee  in  a  northwesterly  direction northeast  quarter  and  the  northwest 

quarter  of  said  section  seventeen,  the  southwest  quarter  of  section  eight,  the  southeast 
quarter,  the  northeast  quarter,  and  the  northwest  quarter  of  section  seven,  said  town- 
ship and  range;  thence  continuing  along  the  center  line  of  said  levee  in  a  northerly 
direction  through"  the  northwest  quarter  of  said  section  seven,  to  the  point  of  beginning. 

Commissioners. 

^  2.  The  officers  of  said  district  shall  consist  of  a  board  of  five  levee  commissioners 
who  shall  hold  office  for  the  term  of  four  years  from  and  after  their  election  and  quali- 
fication and  until  their  successors  have  been  elected  and  qualified.  Said  levee  commis- 
sioners shall  be  selected  from  the  district  at  large  and  each  of  them  must  at  the  time 
of  his  election  be  the  owner  of  at  least  forty  acres  of  land  in  said  district,  the  test  of  his 
qualification  as  such  commissioner  to  be  such  land  ownership  and  not  residence  in  the 
said  district. 

Election.  Notice  of  election.  Election  officers.  Determination  of  acreage  for  purpose 
of  election.  Vote  by  proxy.  Polls  open.  Ballots.  Certificate  illegally  issued.  Com- 
missioner takes  office. 

^  3.  An  election  shall  be  held  within  forty  days  after  the  date  upon  which  this  act 
shall  take  effect,  and  on  the  last  Monday  of  October  of  every  fourth  calendar  year  there- 
after, at  which  election  said  commissioners  shall  be  elected.  Said  first  election  shall  be 
called  by  the  reclamation  board  created  by  that  certain  act  of  the  legislature  of  the 
state  of  California,  entitled:  "An  act  approving  the  report  of  the  California  debris 
commission  transmitted  to  the  speaker  of  the  house  of  representatives  by  the  secretary 
of  war  on  June  27,  1911,  directing  the  approval  of  plans  of  reclamation  along  the  Sacra- 
mento river  or  its  tributaries  or  upon  the  swamp  lands  adjacent  to  said  river,  directing 
the  state  engineer  to  procure  data  and  make  surveys  and  examinations  for  the  purpose 
of  perfecting  the  plans  contained  in  said  report  of  the  California  debris  commission  and 
to  make  report  thereof,  making  an  appropriation  to  pay  the  expenses  of  such  examina- 
tions and  surveys,  and  creating  a  reclamation  board  and  defining  its  powers,"  approved 


M 


1433 


LEVEE    DISTRICTS.  Act  2518 


I 


December  24,  1911,  or  such  board  as  may  by  law  be  made  its  successor.  Said  reclama- 
tion board  shall  also  designate  the  voting  place  for  said  first  election  and  for  all  suc- 
ceeding elections.  Notice  of  the  time  and  place  of  holding  all  elections  shall  be  given 
by  said  reclamation  board  by  publication  once  a  week  for  two  weeks  next  pre- 
ceeding  such  election,  in  some  newspaper  published  in  Colusa  county  and  also 
in  some  newspaper  published  in  Yolo  county.  In  the  first  election  the  reclama- 
tion board  shall,  prior  to  the  election,  procure  from  the  assessors  of  said  coun- 
ties of  Yolo  and  Colusa,  respectively,  a  list  certified  by  such  assessors,  respectively, 
containing  a  description  of  all  the  lands  of  the  district  situated  in  such  counties,  the 
name  of  the  person  to  whom  each  tract  is  assessed  and  the  acreage  thereof  as  it  appears 
from  the  last  prior  assessment  roll  of  said  counties,  which  said  list  shall  be  furnished  to 
and  be  used  by  the  board  of  election  hereinafter  described  in  determining  the  number  of 
votes  each  voter  is  entitled  to  east.  In  all  elections  said  reclamation  board  shall  appoint 
an  inspector  and  two  judges  of  election,  who  shall  constitute  a  board  of  election  for 
such  voting  place.  At  the  first  election  of  commissioners  each  owner  of  land  within  said 
levee  district  as  above  defined,  shall  be  entitled  to  cast  one  vote,  in  person  or  by  proxy, 
for  each  commissioner  to  be  elected  therein  for  each  acre  of  land  or  fraction  thereof 
owned  by  such  landowner  within  said  district,  such  acreage  to  be  determined  by  the 
aforesaid  assessment  roll  of  the  county  in  which  the  same  is  situated.  In  case  of  town 
lots,  or  where  the  acreage  is  not  stated,  the  board  of  election  oflScers  shall  determine 
the  amount  of  acreage  therein.  The  estates  of  minors,  incompetents,  deceased  persons 
and  beneficiaries  under  a  trust  shall  be  represented  by  the  guardian,  executor,  adminis- 
trator or  trustee  in  person.  Where  a  tract  is  situated  partly  within  and  partly  without 
the  boundaries  of  such  district,  and  the  assessment  roll  contains  the  acreage  of  said 
tract  of  land  as  a  whole,  the  same  must  be  apportioned  according  to  the  number  of  acres 
lying  within  and  without  the  boundaries  of  said  district.  In  the  case  of  all  election? 
after  the  first  election  hereinbefore  provided  for,  each  landowner  in  said  district  shall 
be  entitled  to  cast  one  vote,  either  in  person  or  by  proxy,  for  each  commissioner  to  be 
elected  therein  for  each  dollar,  or  fraction  thereof,  assessed  against  his  land,  as  shown 
by  the  first  assessment  list  in  said  district  as  prepared  by  the  assessors  and  heretofore 
filed  with  the  reclamation  board,  as  provided  in  section  six  of  this  act,  or  in  the  event 
that  said  assessment  list  has  been  equalized  by  the  said  reclamation  board  before  the 
time  of  said  election,  then  as  shown  by  the  said  assessment  list  so  equalized  by  the 
reclamation  board.  No  person  shall  vote  by  proxy  at  such  election,  unless  authority 
to  cast  such  vote  shall  be  evidenced  by  an  instrument  in  writing,  duly  acknowledged 
and  certified  in  the  same  manner  as  grants  of  real  property,  and  filed  with  the  board  of 
election.  In  ease  no  board  of  election  shall  be  appointed,  or  if  any  member  thereof 
shall  fail  or  refuse  to  serve,  the  landowners  present  at  the  time  of  the  opening  of  such 
election  may  appoint  such  board  of  election  or  supplj'  the  place  of  an  absent  member. 
Each  member  of  the  board  of  election  must,  before  entering  upon  the  discharge  of  his 
duties,  be  sworn  to  perform  them  faithfully.  Any  person  entitled  to  vote  at  such  elec- 
tion may  administer  the  oath.  The  polls  shall  be  kept  open  from  ten  o'clock  a.  m,  till 
four  o  'clock  p.  m.  on  the  day  of  said  election.  The  board  of  election  must  keep  a  list 
of  the  names  of  the  persons  voting  at  such  election,  together  with  a  statement  of  the 
number  of  votes  cast  by  each,  and  shall  canvass  the  votes  and  make  a  return  thereof 
showing  the  number  of  votes  cast  for  each  person  for  levee  commissioner  and  shall 
return  therewith  said  list  containing  the  names  of  the  landowners  voting  at  sudh  elec- 
tion. Such  election  shall  be  by  ballot,  which  ballots  must  contain  the  name  of  the  per- 
son voting  same,  the  total  number  of  votes  cast,  the  names  of  the  persons  voted  for  and 
the  number  of  votes  cast  for  each  of  said  persons.  The  ballots  must  be  inclosed  in  an 
envelope  by  the  election  board,  and  delivered,  with  the  election  returns,  to  the  said 
reclamation  board,  and  said  reclamation  board  shall  cause  a  certificate  of  election  to  be 


Act  3518,  §§  4,  5  GENERAIi   LAWS.  1434 

issued  within  five  days  to  the  person  or  persons  receiving  the  highest  number  of  legal 
votes.  If  a  certificate  of  election  shall  be  issued  to  anj'  person  who  has  not  received 
the  highest  number  of  legal  votes,  and  upon  an  affidavit  being  filed  by  a  landowner  in 
the  said  levee  district,  setting  forth  that  such  person  did  not  receive  the  highest  num- 
ber of  legal  votes,  and  giving  the  names  of  the  persons  who  cast  illegal  votes  for  such 
person,  and  the  number  of  such  illegal  votes  so  cast,  the  said  reclamation  board  shall 
canvass  the  election  returns,  and  hear  evidence  touching  the  legality  of  any  votes  cast, 
and  may  revoke  such  certificate  of  election  and  issue  a  certificate  to  the  person  legally 
elected.  Within  fifteen  days  after  receiving  a  certificate  of  election,  and  before  enter- 
ing upon  the  duties  of  his  office,  each  levee  commissioner  shall  take  the  oath  of  office 
prescribed  by  law,  and  file  the  same  in  the  office  of  said  reclamation  board.  All  vacan- 
cies in  the  board  of  levee  commissioners  shall  be  filled  by  the  said  reclamation  board, 
and  such  appointee  shall  hold  office  until  the  next  succeeding  election,  and  the  qualifica- 
tion of  his  successor.  Such  person  shall  possess  the  same  qualifications  as  an  elected 
commissioner.  [Amendment  of  May  26,  1917.  In  effect  July  27,  1917.  Stats.  1917, 
p.  1212.] 

Officers  of  board.    Meetings.     Compensation. 

'^  4.  The  board  of  levee  commissioners  shall  elect  one  of  their  number  as  president, 
and  shall  elect  a  secretary  who  may  or  may  not  be  a  member  of  said  board,  and  an 
engineer,  who  shall  not  be  a  member  of  said  board,  and  employ  such  other  persons  as 
may  be  necessary  to  assist  and  advise  said  board.  The  office  of  said  board  of  levee  com- 
missioners shall  be  such  place  as  designated  by  said  board,  but  the  same  may  be  changed 
by  the  said  board  from  time  to  time.  The  board  shall  hold  regular  meetings  as  the 
by-laws  of  the  district^  may  pro\dde.  At  all  meetings  three  of  said  members  shall  con- 
stitute a  quorum  for  the  transaction  of  any  and  all  business.  Special  meetings  may  be 
called  and  held  at  such  times  and  in  such  manner  as  the  by-laws  may  provide.  Any 
meeting  of  the  commissioners,  at  which  all  members  of  the  board  are  present,  shall  be 
deemed  a  regular  meeting  at  which  any  business  may  be  transacted.  No  commissioner 
shall  be  disqualified  from  participating  in  any  and  all  proceedings  or  actions  of  the 
board  of  levee  commissioners,  except  that  he  shall  not  cast  a  deciding  vote  upon  a 
motion  or  resolution  to  pay  money  or  award  a  contract  directly  to  himself.  Each  com- 
missioner shall  receive  ten  dollars  per  daj'  and  necessary  mileage  actually  expended 
while  engaged  in  the  performance  of  his  duties. 

Powers  of  board.    Report  on  plans.    To  acquire  levees  on  west  bank. 

$  5.  The  board  of  levee  commissioners  shall  have  power  to  adopt  by-laws  not  in 
conflict  with  general  laws ;  to  appoint  an  executive  committee  with  such  powers  as  shall 
not  be  in  conflict  with  general  laws;  to  employ  engineers  and  others  to  survey,  plan, 
locate  and  estimate  the  cost  of  the  works  necessary  for  the  protection  of  the  lands  of 
the  district  from  the  flood  waters  of  the  Sacramento  river  overflowing  or  coming  there- 
from on  the  west  side  of  said  river ;  to  thereafter,  at  any  time,  in  its  discretion,  modify 
or  change  such  original  plan  or  plans,  or  adopt  new,  supplemental  or  additional  plan 
or  plans,  when  in  its  judgment  the  same  shall  have  become  necessary;  provided,  that 
said  board  of  levee  commissioners  must  report  to  the  said  reclamation  board  such  orig- 
inal plan  or  plans  of  the  work  and  every  new,  supplemental  or  additional  plan,  if  any, 
together  with  the  estimates  of  the  cost  of  the  works  necessary  for  the  protection  of  the 
lands  of  the  district,  in  pursuance  of  any  such  plan  or  plans,  together  with  an  estimate 
of  incidental  expenses;  such  plans  and  estimates  shall  include  the  cost  of  construction 
and  maintenance;  to  acquire  from  private  persons,  reclamation,  swamp  land,  levee  or 
other  public  agencies  or  protection  districts,  or  corporations,  all  rights  of  way,  ease- 
ments, existing  levees,  property  and  material,  whether  outside  or  within  the  limits  of  the 
district,  necessary  or  requisite  for  levees,  by  donation,  contract,  purchase  or  by  proceed- 


I 


I4a5  LEVEB    DISTRICTS.  Act  2518,  g  0 

ings  under  tbe  provisions  of  title  VII,  part  three  of  the  Code  of  Civil  Procedure  of  the 
state  of  California  for  condemnation  thereof  in  the  name  of  the  district,  or  any  other 
provision  of  law  in  relation  to  the  right  of  eminent  domain;  to  sue  and  be  sued  in  the 
name  of  said  levee  district  and  to  do  all  other  acts  or  things  necessary  or  requisite  for 
the  full  exercise  of  its  powers  or  necessary  for  the  promotion  of  the  protection  of  lands 
within  said  levee  district  from  the  flood  waters  of  the  Sacramento  river.  It  shall  be  the 
duty  of  said  board  of  levee  commissioners  to  take  such  steps  as  may  be  necessary  to 
acquire  dominion  and  control  of  all  levees  along  or  adjacent  to  the  west  bank  of  the 
Sacramento  river  and  within  the  said  levee  district,  and  to  repair  the  breaks  or  open- 
ings now  therein;  also  to  reconstruct  all  existing  levees;  also  to  construct  and  maintain 
levees  where  there  may  be  none,  and  generally  to  do  all  other  things  that  it  may  deem 
necessary  or  requisite  to  prevent  the  flood  or  overflow  waters  from  the  Sacramento 
river  flowing  over  or  through  the  west  bank  or  west  levee  thereof,  either  inside  or  out- 
side of  said  levee  district,  entering  the  lands  within  said  district,  or  any  part  thereof, 
and,  for  this  purpose,  to  control  the  levee  or  levees  within  said  district  along  the  west 
bank  of  the  said  Sacramento  river,  or  any  levee  or  levees  outside  of  said  district,  as  may 
be  necessary,  for  such  purpose;  also  to  construct,  reconstruct  and  repair  and  maintain 
and  protect  such  levees,  and,  for  this  purpose,  to  construct  and  maintain  any  protection 
or  works  of  any  kind  which  may  be  deemed  necessary  for  the  purpose  of  assuring  the 
safety  of  such  levees  hereinbefore  referred  to,  with  a  view  of  keeping  the  waters  from 
the  Sacramento  river  flowing  onto  the  lands  within  said  district,  or  any  part  thereof. 

Assessors.    List  of  lands.     Hearing.    Approval  of  assessment. 

§  6.  The  said  reclamation  board  shall  upon  receipt  of  plans  and  estimates,  as  above 
set  forth,  appoint  three  assessors,  who  shall  be  disinterested  persons,  and  who  shall 
have  no  interest  in  any  real  estate  within  said  levee  district,  and  each  of  whom,  before 
entering  upon  his  duties,  shall  make  and  subscribe  an  oath  that  he  is  not  in  any  manner 
interested  in  any  real  estate  within  said  district,  directly  or  indirectly,  and  that  he  will 
perform  the  duties  of  an  assessor  to  the  best  of  his  ability.  Said  assessors  must  assess 
upon  the  land  within  said  levee  district  the  said  sum  so  estimated  and  reported  to  the 
board  of  levee  commissioners,  and  shall  apportion  the  same  according  to  the  benefits 
that  will  accrue  to  each  tract  of  land  in  said  district,  respectively,  by  reason  of  the 
expenditure  of  said  sums  of  money.  Said  assessors  shall  make  a  separate  list  of  the 
lands  so  assessed  in  each  county,  which  list  shall  contain  a  description  of  the  tracts  of 
land  assessed,  by  swamp  land  surveys,  legal  subdivisions,  or  other  boundaries  or  refer- 
ences sufficient  to  identify  the  same;  the  name  of  the  owner,  if  known  or  if  unknown, 
that  fact;  the  amount  of  the  charge  assessed  against  each  tract.  No  mistake  in  the 
name  of  the  owner  or  supposed  owner,  of  any  real  estate  shall  invalidate  the  assessment. 
Said  lists  shall  be  made  in  duplicate,  each  being  made  as  an  original,  and,  when  com< 
pleted,  shall  be  filed  with  the  said  reclamation  board  of  the  state  of  California.  The 
said  reclamation  board  shall  appoint  a  time  when  it  will  meet  for  the  purpose  of  hear- 
ing objections  to  said  assessment,  and  notice  of  such  hearing  shall  be  given  by  publica- 
tion for  two  weeks  in  a  newspaper  of  general  circulation  published  in  the  county  of 
Yolo,  and  in  a  newspaper  of  general  circulation  published  in  the  county  of  Colusa.  At 
any  time  before  the  date  of  such  hearing  any  person  interested  in  any  land  upon  which 
any  charge  has  been  assessed  may  file  written  objections  to  such  assessment  with  said 
reclamation  board  stating  the  grounds  of  such  objections,  which  said  statement  shall  be 
verified  by  the  affidavit  of  such  person,  or  some  other  person  who  is  familiar  with  the 
facts.  At  said  hearing  the  said  reclamation  board  shall  hear  such  evidence  as  may  be 
offered  in  support  of  said  written  objection,  and  may  modify  or  amend  the  assessment 
in  any  particular,  or  make  a  re-apportionment  of  the  entire  assessment.  If  the  amount  of 
any  assessment  in  said  list  shall  be  changed,  the  said  reclamation  board  shall  set  a  day 
for  hearing  objections  to  said  assessment  as  changed,  and  shall  give  notice  thereof  by 


Act  231S.  §  7 


GE:NE)RAIi   LAWS.  1436 


publication  for  two  weeks  in  a  newspaper  of  general  circulation  published  in  the  county 
of  Yolo,  and  in  a  newspaper  of  general  circulation  published  in  the  county  of  Colusa. 
At  such  hearing  objections  in  writing  may  be  made  by  any  person  interested,  and  the 
reclamation  board  shall  proceed  to  hear  the  same  in  the  same  manner  as  upon  the 
original  hearing.  If  the  amount  of  any  assessment  shall  again  be  changed,  the  said 
reclamation  board  shall  proceed  as  before  to  give  notice  and  to  hear  objections  thereto, 
and  shall  proceed  in  a  similar  manner  until  the  amount  of  each  assessment  shall  be 
finally  fixed  and  approved.  The  said  reclamation  board  shall  then  make  an  order 
approving  said  assessment,  and  shall  endorse  such  order  upon  such  assessment  list,  and 
the  duplicate  original  thereof,  which  said  order  shall  be  signed  by  the  chairman  of  said 
reclamation  board  and  attested  by  the  clerk  or  secretary  thereof,  and  such  decision  of 
said  reclamation  board  shall  be  final,  and  thereafter  said  original  assessment  list  and 
duplicate  original  assessment  list  shall  be  conclusive  evidence  that  the  said  assessment 
has  been  made  and  levied  according  to  law.  Immediately  after  the  approval  of  said 
assessment,  the  original  shall,  by  the  said  reclamation  board,  be  deposited  in  the  oflBce  of 
the  county  treasurer  of  Colusa  county,  and  the  duplicate  original  of  said  assessment  list 
sball  be  deposited  by  said  reclamation  board  in  the  office  of  the  county  treasurer  of 
Yolo  county. 
Charges  become  lien.     Statement  that  assessment  delinquent.    Interest. 

$  7.  From  and  after  the  filing  of  the  original  list  with  the  county  treasurer  of  Colusa 
county,  and  from  and  after  the  filing  of  the  duplicate  original  list  with  the  county 
treasurer  of  Yolo  county,  the  charges  assessed  upon  any  tract  of  land  within  each 
respective  county  shall  constitute  a  lien  thereon,  and  shall  impart  notice  thereof  to  all 
persons.  No  subsequent  act  or  conduct  of  the  commissioners  shall  invalidate  said  assess- 
ment or  lien,  but  such  commissioners  may  be  compelled  by  mandate  or  other  proper  pro- 
ceeding to  perform  their  duties,  as  required  by  law.  The  list  thus  prepared  and  filed 
must  remain  in  the  offices  of  the  respective  treasurers  for  thirty  days  from  such  filing, 
or  longer  if  ordered  by  the  board  of  levee  commissioners,  and  during  the  time  they  so 
remain,  any  person  may  pay  the  amount  of  the  charge  assessed  against  any  tract  of 
land  to  the  treasurer  of  the  county  in  which  such  tract  is  situated,  in  gold  coin  of  the 
United  States,  or  in  warrants  of  the  district.  At  the  end  of  thirty  days  the  treasurers 
must  return  the  lists  to  the  board  of  commissioners  of  the  district.  The  said  board,  from 
time  to  time  in  its  discretion,  may,  by  order  entered  in  its  minutes,  direct  the  said 
assessment  to  be  collected  and  paid  in  separate  installments,  of  such  amounts  and  at 
such  time,  respectively,  as  the  said  board  may  determine.  After  any  order  has  been 
made  calling  in  an  installment  of  assessment,  the  secretary  of  the  said  district,  for  the 
information  of  the  landowners,  shall  mail  to  each  landowner,  as  described  in  the  said 
assessment  list,  if  his  address  be  known  to  such  secretary,  or,  if  not,  then  to  the  county 
seat  of  the  county  in  which  such  land  may  be  situated,  a  statement  stating  the  amount 
of  the  call  of  such  assessment,  and  stating  further  that  said  installment,  if  unpaid  at 
the  expiration  of  thirty  days  from  the  date  of  such  order,  shall  become  delinquent, 
which  said  statement  shall  be  mailed  by  said  secretary  within  ten  days  after  the  date 
of  any  such  order  calling  in  any  installment  of  such  assessment,  and  each  installment  of 
assessment,  from  the  time  of  the  order  of  said  board  directing  the  same  to  be  collected 
and  paid,  shall  bear  interest  at  the  rate  of  seven  per  cent  per  annum  until  paid;  if 
any  such  installment  shall  remain  unpaid  at  the  expiration  of  thirty  days  from  the  date 
of  the  order,  then  said  installment  shall  become  delinquent,  together  with  the  accrued 
interest  thereon,  and  ten  per  cent  of  the  amount  of  said  installment  and  interest  shall 
be  added  thereto,  and  collected  for  the  use  of  the  district;  provided,  further,  that  the 
commissioners  must  on  the  first  day  of  January  of  each  year,  order  the  collection  of  a 
sufficient  amount  of  said  assessment  to  pay  all  warrants  that  have  been  issued  and  out- 
standing for  a  period  of  two  years  or  more,  together  with  the  interest  on  such  warrants. 


1437  LEVEE    DISTRICTS.  Act  2518 

Immediately  after  the  said  installment  has  become  delinquent,  the  board  of  levee  com- 
missioners must  publish  a  notice  at  least  once  each  week  for  three  weeks  in  some  news- 
paper of  general  circulation  published  in  the  county  or  counties  in  which  any  land  upon 
which  such  installment  may  be  delinquent  is  situated,  which  notice  shall  contain  a 
description  of  the  property  assessed,  the  name  of  the  person  to  whom  it  is  assessed,  or 
a  statement  that  it  is  assessed  to  unknown  owners,  if  such  be  the  fact;  the  amount  of 
the  delinquent  installment,  the  amount  of  the  interest  at  the  date  of  delinquency,  the 
amount  of  the  penalty  that  has  been  added  as  above  provided,  and  a  notice  that  the 
property  assessed  will  be  sold  on  a  date  therein  stated,  at  such  time  and  place  in  said 
district  as  the  board  of  commissioners  may  in  said  notice  designate,  to  pay  said  install- 
ment with  accrued  interest  and  the  penalty  hereinbefore  specified. 

Sale  of  property.    Purchase  by  district.    Redemption  of  property. 

At  the  time  stated  in  said  notice,  or  such  other  time  to  which  said  sale  may  have  been 
postponed,  the  commissioners  must  sell  said  property  to  the  highest  bidder  for  gold  coin 
of  the  United  States.  Out  of  the  proceeds  of  said  sale  the  commissioners  must  pay  the 
amount  of  said  installment  with  the  accrued  interest  thereon  and  the  penalty  herein 
provided  for  to  the  county  treasurer  of  the  county  of  Colusa  who  shall  place  the  same 
in  the  proper  funds  of  said  district,  and  the  commissioners  must  pay  to  the  owner  of 
said  property  any  surplus  remaining  after  such  payment  to  said  county  treasurer.  The 
commissioners  may  postpone  said  sale  from  time  to  time  by  a  written  notice  posted  at 
the  place  of  sale.  If  no  bid  is  made  for  said  property  equal  to  the  amount  of  said  install- 
ment, accrued  interest  and  penalty,  the  district  shall  become  the  purchaser,  and  the 
said  property  must  be  struck  off  to  the  district  for  the  amount  of  said  installment, 
accrued  interest  and  penalty.  A  certificate  of  such  sale  shall  be  executed  by  the  com- 
missioners of  said  levee  district  to  the  purchaser,  or  to  the  disti-ict,  if  the  property 
shall  have  been  struck  off  to  the  district,  and  said  certificate  of  sale  shall  be  recorded  in 
the  office  of  the  county  recorder  of  the  county  in  which  the  land  sold  is  situated,  or  if 
situated  in  two  counties,  then  in  the  office  of  the  county  recorder  of  each  thereof.  Any 
person  interested  in  said  property  may  redeem  the  same  at  any  time  within  one  year 
after  the  date  of  said  sale,  by  paying  in  gold  coin  or  in  warrants  of  said  district,  to  the 
countv  treasurer  of  Colusa  county  the  amount  of  said  installment  with  the  accrued 
interest  and  penalty,  and  interest  on  the  said  sums  at  the  rate  of  two  per  cent  per  month 
from  the  date  of  said  sale. 

Sale  at  public  auction. 

If  no  redemption  shall  be  made  within  said  one  year,  the  purchaser,  or  the  district, 
if  said  property  shall  have  been  sold  to  the  district,  shall  be  entitled  to  a  deed  executed 
by  said  commissioners,  and  the  effect  of  such  deed  shall  be  to  convey  said  property  free 
of  all  liens  and  incumbrances,  excepting  state,  county  and  municipal  taxes,  and  the  liens 
of  assessments  now  levied  or  which  may  hereafter  be  levied  by  any  of  the  reclamation 
districts  situate  within  said  levee  district,  or  by  the  Knights  Landing  Ridge  drainage 
district,  and  the  unpaid  balance  of  said  assessment  of  said  levee  district,  if  any,  which 
said  balance  must  be  called  in  and  collected  in  the  same  manner  as  other  assessments; 
provided,  that  where  said  property  shall  have  been  deeded  to  the  district  and  shall  not 
have  been  sold  by  the  commissioners,  the  same  shall  not  be  offered  for  sale  for  subse- 
quent installments  of  said  assessments  so  long  as  the  district  shall  remain  the  owner  of 
said  property,  but  the  commissioners  may  sell  said  property  at  any  time  at  public 
auction  after  notice  given  for  the  same  period  and  in  the  same  manner  as  is  herein  pro- 
vided for  sales  for  delinquent  installments,  but  not  for  a  sum  less  than  all  delinquent 
unpaid  installments  with  accrued  interest  and  penalties,  and  the  deed  executed  in  pur- 
suance of  such  sale  shall  convey  said  property  free  of  all  incumbrances,  except  state, 


Act  2518  GENERAL,  LAWS.  1438 

county  and  other  municipal  taxes,  the  lien  of  any  assessments  levied  or  which  may 
hereafter  be  levied  by  anj'  reclamation  district  within  said  levee  district,  or  the  Knights 
Landin"'  Ridge  drainage  district,  and  the  unpaid  balance  of  said  assessment. 

Land  not  charged  to  be  charged  later.     Correction  of  errors. 

In  all  cases  where  an  assessment  has  been,  or  shall  hereafter  be,  levied  for  any  pur- 
pose on  the  lands  embraced  within  said  levee  district,  if,  for  any  reason,  any  tract  or 
tracts  of  land  shall  not  have  been  charged  with  said  assessment,  then  such  tract  or 
tracts  of  land  shall  be  charged  in  any  subsequent  assessment  with  such  proportion  of 
the  former  assessment  as  the  benefits  derived  by  said  lands  from  the  levee  works,  for 
which  said  former  assessment  was  levied,  bears  to  the  whole  amount  of  said  former 
assessment;  or  a  subsequent  reassessment  of  such  tract  or  tracts  of  land  may  be  made 
separately  for  the  purpose  of  charging  said  land  with  its  proper  proportion  of  the  costs 
of  levee  protection.  Such  reassessment  shall  be  made  by  assessors  appointed  by  the 
reclamation  board,  as  provided  by  this  act,  and  must  be  made  and  approved  in  the  same 
manner  as  other  assessments.  The  assessors  appointed  by  the  reclamation  board  must 
make  a  list  of  the  charges  assessed  against  each  tract  of  land ;  and,  if  there  be  any  error 
or  mistake  in  the  description  of  the  land  or  in  the  name  of  the  owner,  or  if  any  land 
which  should  be  assessed  has  been,  or  shall  be,  omitted  from  the  list,  or  if  there  is  any 
error  or  mistake  in  any  other  respect,  the  said  assessors  may  amend  or  correct  the  same 
at  any  time  before  the  filing  of  such  list  with  the  reclamation  board  as  hereinbefore 
provided.  Where  payment  is  made  in  warrants  of  the  district,  legal  interest  must  be 
computed  thereon  from  the  date  thereof  to  the  time  of  such  payment,  when  said  war- 
rants must  be  surrendered  to  the  county  treasurer  of  the  county  of  Colusa  and  by  him 
canceled. 

In  the  event  that  any  landowner  of  the  said  district  shall  have  paid  the  amount,  or 
any  portion  of  the  amount,  assessed  against  any  tract  of  land  before  said  assessment 
shall  have  been  adjudged  invalid,  in  whole,  or  in  part,  the  amount  so  paid  by  said  land- 
owner, together  with  legal  interest  thereon  from  the  date  of  such  payment,  shall  be  a 
credit  and  shall  be  credited  by  the  treasiirer  of  the  county  where  the  assessment  list  is 
filed,  or  by  said  district,  or  upon  any  subsequent  assessment  on  the  tract  of  land  on 
which  the  said  invalid  assessment  was  paid,  or  be  applied  in  satisfaction  pro  tanto  of 
any  such  subsequent  assessment  thereafter  levied  on  said  tract. 

To  whom  payments  are  made. 

All  installments  of  assessment,  after  the  original  list  and  the  duplicate  original  have 
been  returned  by  the  respective  county  treasurers  to  the  board  of  levee  commissioners 
that  may  be  called  in,  shall  be  paid  to  the  secretary  of  said  board  of  levee  commis- 
sioners, and  the  same  and  also  all  proceeds  from  any  delinquent  sale  shall  be  paid  into 
the  county  treasury  of  the  county  of  Colusa,  and  be  placed  by  the  treasurer  thereof  to 
the  credit  of  said  district,  and  paid  out  upon  warrants  issued  by  the  board  of  levee 
commissioners.  At  any  time  an  assessment  on  any  tract  of  land  may  be  paid  in  full, 
notwithstanding  the  same  has  not  been  called  in  by  the  board  of  levee  commissioners. 

Moneys  deposited  in  county  treasury. 

All  moneys  received  from  any  source  by  the  board  of  levee  commissioners  shall  be 
paid  by  the  said  board,  or  the  secretary  thereof,  into  the  county  treasury  of  Colusa 
county,  and  be  placed  by  the  treasurer  to  the  credit  of  the  district,  and  paid  out  upon 
the  warrants  of  the  board  of  levee  commissioners  in  the  manner  hereinbefore  provided. 

On  the  first  Monday  of  each  month  the  county  treasurer  of  Yolo  county  shall  transmit 
to  the  county  treasurer  of  Colusa  county  all  moneys  that  may  be  in  his  hands  to  the 
credit  of  said  district  arising  from  any  source,  and,  likewise,  all  warrants  that  may  be 


k 


i43»  LEVEE    DISTRICTS.  Act  2518,  g§  8,  9 

delivered  in  payment  of  any  assessment,  and  all  such  moneys  shall  thereupon  be  placed 
to  the  credit  of  said  district  by  said  county  treasurer  of  Colusa  county.  [Amendment 
of  May  26,  1917.    In  effect  July  27,  1917.    Stats.  1917,  p.  1214.] 

Payment  of  warrants. 

$  8.  The  warrants  drawn  by  the  commissioners  must  be  presented  to  the  treasurei 
of  the  county  of  Colusa,  and  if  they  are  not  paid  on  presentation,  such  indorsement 
must  be  made  thereon  and  they  must  be  registered  and  bear  interest  from  the  date  of 
such  warrants  at  the  rate  of  seven  per  cent  per  annum  and  shall  be  payable  in  the  order 
of  their  registration.  Such  warrants  are,  and  shall  be,  considered  as  contracts  in  writ- 
ing for  the  payment  of  money,  and  the  period  prescribed  for  the  commencement  of  an 
action  based  upon  the  said  warrants,  or  connected  therewith,  is,  and  shall  be,  the  term 
of  four  years  from  the  date  of  their  issuance.  Any  owner  of  land  in  the  district  may, 
at  any  time,  pay  any  assessment  thereon,  or  any  part  thereof,  with  warrants  of  the 
district.  No  warrant  shall  be  paid  or  received  on  an  assessment,  except  within  four 
j^ears  after  the  date  of  its  issuance.  The  board  of  levee  commissioners  and  the  county 
treasurer  of  Colusa  county  must  cancel  all  warrants  not  paid  within  four  years  after 
the  date  of  issuance;  provided,  that  any  warrant  not  paid  or  received  on  assessment 
within  four  years  after  date  of  the  issuance  may,  before  the  expiration  of  such  four 
years,  upon  the  demand  of  the  owner  or  holder,  be  extended  for  a  like  period  of  four 
years  upon  the  presentation  of  the  same  to  the  board  of  commissioners  of  the  district, 
such  extension  being  indorsed  thereon  by  the  said  board  and  a  record  thereof  filed  with 
the  county  treasurer  of  Colusa  county.  Said  warrants  may  also  thereafter  be  renewed 
from  time  to  time  in  the  same  manner. 

In  case  of  action  on  warrant 

In  case  an  action  or  proceeding,  based  upon  any  warrant  or  connected  therewith,  be 
commenced  within  four  years  from  the  date  of  issuance  of  such  warrant  and  final  judg- 
ment be  obtained  in  favor  of  the  owner  or  holder  thereof,  such  warrant  shall  be  paid 
or  received  on  assessment  in  like  manner  as  if  it  had  been  paid  or  received  on  assess- 
ment before  the  expiration  of  said  four  years  from  the  date  of  its  issuance.  In  any 
proceedings  for  a  writ  of  mandate  to  compel  the  board  of  levee  commissioners  to  issue 
a  warrant,  if  a  controversy  arises  as  to  the  amount  that  may  be  due  to  the  plaintiff, 
the  court  must  determine  the  same  in  the  manner  provided  for  determining  contro- 
versies in  other  civil  actions  and  shall  cause  a  writ  to  issue  for  such  sum  as  may  be 
found  to  be  due.  At  any  time  after  the  issuance  of  a  warrant  the  holder  or  owner 
thereof  with  the  consent  of  the  board  of  levee  commissioners  may  surrender  the  said 
warrant,  and  a  new  warrant  for  the  face  thereof  and  accrued  interest  thereon  shall 
thereupon  be  issued  to  the  owner  or  holder  in  the  same  manner  as  the  original  warrant. 
Whenever  there  shall  be  sufficient  moneys  in  the  county  treasury  of  Colusa  county  to 
the  credit  of  said  levee  district  to  pay  any  warrant  or  warrants  which  have  been  regis- 
tered and  drawing  interest,  the  said  county  treasurer  must  give  notice  by  a  written 
notice  posted  in  a  conspicuous  place  in  his  oflSce,  stating  therein  that  he  is  ready  to  pay 
such  warrants.  From  and  after  the  date  of  posting  such  notice,  such  warrants  shall 
cease  to  draw  interest. 

Reclamation  districts  not  interfered  with. 

$  9.  Nothing  in  this  act  is  intended  to,  or  shall  be  construed  to,  authorize  or  em- 
power the  said  board  of  levee  commissioners,  or  the  said  levee  district,  in  any  way  to 
interfere  with  the  management  or  control  of  reclamation  districts  numbers  one  hundred 
eight,  seven  hundred  eighty-seven  and  four  hundred  seventy-nine,  or  any  of  them,  or 
any  other  reclamation  district  situate  within  the  boundaries  of  said  levee  district,  or 
within   the  Knights  Landing  ridge  drainage  district,  or  to   supersede  the  powers  of 


Act.  2522. 2527.  §§  1.  2  GENERAL   LAWS.  14 10 

any  of  them,  or  such  districts,  or  any  of  them,  except  as  to  the  control,  construction 
and  maintenance  of  the  levee  or  levees  along  or  adjacent  to  the  eastern  line  of  said 
levee  district,  the  same  being  along  or  near  the  west  bank  of  the  Sacramento  river,  so 
as  to  prevent  the  overflow  of  flood  waters  from  said  Sacramento  river  flowing  on  to 
the  lands  within  said  levee  district,  or  any  part  thereof,  together  with  such  protection 
or  other  works  that  may  be  necessaiy  to  protect  the  said  levee  or  levees  now  existing, 
or  that  may  hereafter  be  constructed,  or  reconstructed,  or  raised,  or  widened,  or  any 
new  levee  that  may  be  hereafter  constructed  for  such  purpose. 

$  .10.  In  case  the  said  reclamation  board  should  be  abolished  by  law,  and  a  new 
board  is  created  by  law,  succeeding  to  the  powers  thereof,  then  all  the  duties  to  be 
performed  by  said  reclamation  board  shall  be  performed  by  its  legal  successor,  and 
if  there  be  no  such  legal  successor,  in  the  event  of  such  abolition,  then  by  the  board  of 
supervisors  of  the  county  of  Colusa. 

^  11.  All  acts  and  parts  of  acts  inconsistent  with  the  provisions  of  this  act  are 
hereby  repealed. 

The  amending  act  of  1917  contained  the  following  section: 

Repealed. 

$  3.    All  acts  and  parts  of  acts  in  conflict  with  this  act  are  hereby  repealed. 

CHAPTER  289. 
LEXINGTON. 
ACT  2522— Lexington,  Los  Angeles  county,  name  changed  to  El  Monte. 
History:     Approved  April  3,  1876.  Stats.  1875-76,  p.  854* 

CHAPTER  195. 

LIBEL. 

References:   Actions  for,  see  Kerr's  Cyc.  Code  Civil  Procedure,  §§  460,  461. 

Definition  of  and  recovery  for,  see  Kerr's  Cyc.  Civil  Code.  §§  43-45,  47,  48. 

CONTENTS  OF  CHAPTER. 
ACT  2527.     Undertaking  for  Costs. 

UNDERTAKING  FOR  COSTS. 
ACT  2527 — An  act  concerning  actions  for  libel  and  slander. 

History:    Approved  March  23,  1872,  Stats.  1871-72,  p.  533.     Amended 
April  16,  1880,  Stats.  1880,  p.  81. 

Undertaking. 

$  1.  In  an  action  for  libel  or  slander  the  clerk  shall,  before  issuing  the  summons 
therein,  require  a  written  undertaking  on  the  part  of  the  plaintiff  in  the  sum  of  five 
hundred  (500)  dollars,  with  at  least  two  competent  and  sufficient  sureties,  specifying 
their  occupations  and  residences,  to  the  effect  that  if  the  action  be  dismissed  or  the 
defendant  recover  judgment,  that  they  will  pay  such  costs  and  charges  as  may  be 
awarded  against  the  plaintiff  by  judgment  or  in  the  progress  of  the  action,  or  on  an 
appeal,  not  exceeding  the  sum  specified  in  the  undertaking.  An  action  brought  without 
filing  the  undertaking  required  shall  be  dismissed. 

Sureties. 

§  2.  Each  of  the  sureties  on  the  undertaking  mentioned  in  the  first  section  shall 
annex  to  the  same  an  affidavit  that  he  is  a  resident  and  householder  or  freeholder 
within  the  county,  and  is  worth  double  the  amount  specified  in  the  undertaking,  over 
and  above  all  his  just  debts  and  liabilities,  exclusive  of  property  exempt  from  execution. 


^441  LIBKJL.  Act  2527,  g§  1, » 

Exception  to  snreties. 

$  3.  Within  ten  days  after  the  service  of  the  summons,  the  defendants,  or  either  of 
them,  may  give  to  the  plaintiff,  or  his  attorney,  notice  that  they  or  he  except  to  the 
sureties  and  require  their  justification  before  a  judge  of  the  court  at  a  specified  time  and 
place,  the  time  to  be  not  less  than  five  or  more  than  ten  days  thereafter,  except  by 
consent  of  parties.  The  qualifications  of  the  sureties  shall  be  as  required  in  their  affi- 
davits.    [Amendment  approved  April  16,  1880.    Stats.  1880,  p.  81.] 

Justification. 

^  4.  For  the  purpose  of  justification  each  of  the  sureties  shall  attend  before  the 
judge  at  the  time  and  place  mentioned  in  the  notice,  and  may  be  examined  on  oath 
touching  his  sufficiency  in  such  manner  as  the  judge  in  his  discretion  shall  think  proper. 
The  examination  shall  be  reduced  to  writing  if  either  party  desires  it. 

Approval.    New  undertaking. 

$  5.  If  the  judge  find  the  undertaking  sufficient,  he  shall  annex  the  examination  to 
the  undertaking  and  indorse  his  approval  thereon.  If  the  sureties  fail  to  appear,  or 
the  judge  finds  the  sureties  or  either  of  them  insufficient,  he  shall  order  a  new  under- 
taking to  be  given.  The  judge  may  also  at  any  time  order  a  new  or  additional  under- 
taking upon  proof  that  the  sureties  have  become  insufficient.  In  case  a  new  or  addi- 
tional undertaking  is  ordered,  all  proceedings  in  the  case  shall  be  stayed  until  such 
undertaking  is  executed  and  filed,  with  the  approval  of  the  judge. 

Failure  to  file  bond. 

^  6.  If  the  undertaking  as  required  be  not  filed  in  five  days  after  the  order  therefor, 
the  judge  or  court  shall  order  the  action  to  be  dismissed. 

Costs. 

^  7.  In  case  plaintiff  recovers  judgment,  he  shall  be  allowed  as  costs  one  hundred 
(100)  dollars,  to  cover  counsel  fees,  in  addition  to  the  other  costs.  In  case  the  action 
is  dismissed,  or  the  defendant  recover  judgment,  he  shall  be  allowed  one  hundred  (100^ 
dollars,  to  cover  counsel  fees,  in  addition  to  the  other  costs,  and  judgment  therefor 
shall  be  entered  accordingly. 

1.  Act  not  repealed  by  Code  of  Civil  act  unless  included  in  the  memorandum  of 
Procedure. — This  act  was  not  repealed  by  costs. — McKinney  v.  Roberts,  2  Cal.  Unrep. 
the  Code  of  Civil  Procedure. — Smith  v.  Mc-        532. 

Dermott,    93    Cal.    421.  8.     Costs. — The     amount     of    recovery     of 

2.  Act  not  repealed  by  the  constitution.  costs  in  actions  for  libel  and  slander  is  gov- 
— The  act  was  not  repealed  by  the  adoption  erned  by  code  provisions. — Engel  v.  Ehret, 
of    the    constitution. — Smith    v.    McDermott,  21  Cal.  App.  112. 

93    Cal.    421.  9^      Same — Where    recovery    is    less    than 

3.  Constitutionality — Not  a  special  la^v.  ^300. — The  act  does  not  give  any  costs  be- 
— The  act  is  not  a  local  or  special  law,  yond  the  amount  allowed  by  the  code,  and 
within  the  meaning  of  the  constitution. —  ^  plaintiff  where  recovery  is  less  than  $300 
Smith    V.    McDermott,    93    Cal.    421.  is    ^ot    entitled    to    costs. — Jacobi    v.    Bauer, 

4.  Same.^The     act     is     constitutional. —  55  q^i    554 

Smith  V.  McDermott,   93  Cal.   421;  Carpenter  „„„*„   „*   *v,^ 

.    ,  ,  H  /.   ^   ,      .  ono  10'     Same — Later  trial. — The  costs   of   the 

V.   Ashley,    16  Cal.   App.   302.  ^^.i-i  <<        i*        4.   ■    ,    ■      v.   ^J     v, 

„  .  _  ,^,  first   trial   may,    if   a   later   trial   is    held,    be 

5.  Same — Recovery  of  counsel  fees. —  ihe  ^  ,     ■       ^  ^    ^t.  -i- 

taxed    m    favor   of    the    prevailing    party. — 

provision   allowing   either   party    to   recover  _        .               _    ,            01   /->   i     a          nor 

'             ,     ^           .                X  i.    ^-        ,      T-,        ,  Pouchan  v.  Godeau,  21  Cal.  App.  365. 
counsel     fees     is     constitutional. — Engel     v. 

Ehret     21   Cal.   App.    112.  1^*      Bond  —  Defendant's     benefit.  —  The 

6.  Attorney's  fee  not  costs.— The  allow-  bond  here  required  is  for  the  defendant's 
ance  of  one  hundred  dollars  attorney's  fee  benefit.— Becker  v.  Schmidlin,  153  Cal.  669. 
is  not  costs  but  a  penalty  and  should  be  12.  Same — Failure  to  file. — The  failure 
taxed  in  the  statutory  amount  after  final  to  file  the  undertaking  required  by  the  act 
judgment. — Pouchain  v.  Godeau,  21  Cal.  does  not  deprive  the  court  of  jurisdiction, 
App.  365.  and    If    objection    is    made    because    of    such 

7.  Same — Recovery  of  counsel  fees. —  failure,  the  court  may  allow  the  plaintiff 
Counsel  fees  are  not  recoverable  under  the  time     to     file     the     undertaking. — Dixon     v. 

Gen.  Laws— 91 


Act  2S30.  Be  1-S                                                      CENKRAL   LAWS.  1443 

Allen.    69   Cal.    527;    Stlnson    v.    Carpenter,    78  15.      Sanir — Immuc       of       aammona       within 

C«l.    671;    necker    v.   Sihmldlln,    153    Cal.    669.  yrnr. — A    defendant    In    an    action    for    libel, 

IS.      Same — Sureties   ninat    be   renhlenti*   of  who     appeared     by     attorney,     specially,     to 

rouuty. — Tl»e  sureties  on   the   bond   must   be  move   for   its   dismissal   on    the   ground   of  a 

residents  of  the  county  where  the  action  Is  failure    to    have    summons    issued    within    a 

bruUKht.   and   a   bond    by   non-resident  sure-  year,    is   entitled   on    a   dismissal    of   the   ac- 

tles    Is    defective,    and    If    no    other    bond    is  tlon    to    one    hundred    dollars    for   attorney's 

Kiven  or  ofTerod  the  action   is   properly   dis-  fee,    and    his    right    in    this    respect    is    not 

ini.ssed — Smith    v.   McDermott,    93    Cal.    421.  limited   by   the   plaintirf's   failure   to   file   the 

14.      DUmlanal — Failure    to    file    undertnk-  undertaking  required  by   the  act. — Gaftey   v. 

Ibk. — Th«-    right   of  a  dismissal   of   an    action  Mann,  3  Cal.  App.  124. 

for   libel    for   a   cause   recited    in    §  581,   Code  10.     .Same — Contm. — When     an     action     for 

of    Civil    Procedure,    is    not    limited    by    the  libel    is    dismissed    and    judgment    for    costs 

provisions    of    the    act    as    to    dismissal    for  rendered    for    defendant,    plaintiff    can     not 

failure  to  (Me  an  undertaking  for  costs  un-  appeal,  except  as  to  the  judgment  for  costs 

der   thia   act. — QafCey   v.   Mann,   8   CaL   App.  and    if  they   amount   to   less   than    |300,    the 

124.  supreme     court     is     without     jurisdiction.^ 

Oullahan  v.  Morrlssey,  73  Cal.  297. 


CHAPTER  195a. 

LIBRARIES. 

References:   County  law  libraries,  see  Kerr's  Cyc.  Political  Code,  §§  4190,  et  seq. 
District  Courts  of  Appeal,  libraries,  see  Kerr's  Cyc.  Political  Code,  §  760. 
Law  Library  Association  of  San  Francisco,  see  Kerr's  Cyc.  Political  Code,  S  1486b. 
School  libraries,  see  Kerr's  Cyc.  Political  Code,  §§  1712,  et  se«t 
State  library,  see  Kerr's  Cyc.  Political  Code,  §§  2292,  et  seq. 
Supreme  court  library,  see  Kerr's  Cyc.  Political  Code,  §  753. 
See,  generally,  Kerr's  Cyc.  Civil  Code,  tit.  "Associations." 

CONTENTS  OF  CHAPTER. 
ACT  2530.     Municipal  Public  Libraries. 
2.530a.  County  Free  Libraries. 

2530b.  Public  Libraries  in  Unincorporated  Towns. 
2530c.   Deposit  of  Newspaper  Files   in  Public  Libraries. 

MUNICIPAL  PUBLIC  LIBRARIES. 

ACT  2530 — An  act  to  provide  for  the  establishment  and  maintenance  of  public  libraries 

within  municipalities. 

History:  Approved  March  23,  1901,  Stats.  1901,  p.  557.  Amended 
March  20,  1905,  Stats.  1905,  p.  296;  April  12,  1909,  Stats.  1909,  p.  823. 
Prior  act  of  March  18,  1878,  Stats.  1877-78,  p.  329,  repealed  by  the  act 
of  April  26,  1880,  Stats.  1880,  p.  231,  which  was  repealed  by  the  present 
act. 

Establishment. 

V  1.  The  common  council,  board  of  trustees,  or  other  leg'islative  body  of  any  incor- 
porated city  or  town  in  the  state  of  California,  may,  and  upon  being  requested  to  do 
so  by  one-fourth  of  the  electors  of  such  municipal  corporation  in  the  manner  herein- 
after provided,  must,  by  ordinance,  establish  in  and  for  said  municipality  a  public 
library,  provided,  there  be  none  already  established  therein. 

Petitions  for. 

^  2.  The  request  referred  to  in  the  preceding  section  may  be  by  a  single  petition, 
or  by  several  petitions;  provided,  that  such  several  petitions  be  substantially  in  the 
same  form,  and  that  such  single  petition  has,  or  such  several  petitions  in  the  aggregate 
have,  the  signatures  of  the  requisite  number  of  electors. 

Management 

$  3.  Such  public  library  shall  be  managed  by  a  board  designated  as  the  board  of 
library  trustees,  consisting  of  five  members,  to  be  appointed  by  the  mayor,  president 
of  the  board  of  trustees  or  other  executive  head  of  the  municipality,  by  and  with  thff 


1443  LIBRARIES.  Act  2530.  g§  4-6 

consent  of  the  legislative  body  of  said  municipality.  Such  tmstees  shall  severally  hold 
office  for  three  years,  serving  without  compensation;  provided,  that  the  members  of  the 
first  board  appointed  shall  so  classify  themselves  by  lot  that  one  of  their  number  shall 
go  out  of  ofiSce  at  the  end  of  the  current  fiscal  year,  two  at  the  end  of  one  year  there- 
after, and  the  other  two  at  the  end  of  two  years  thereafter.  Men  and  women  shall  be 
equally  eligible  to  such  an  appointment,  and  vacancies  shall  be  filled  by  appointment 
for  the  unexpired  term  in  the  same  manner. 

Trustees,  meetings  of. 

$  4.  Boards  of  library'  trustees  shall  meet  at  least  once  a  month  at  such  times  and 
places  as  they  may  fix  by  resolution.  Special  meetings  may  be  called  at  any  time  by 
three  trustees,  by  written  notice  served  upon  each  member  at  least  three  hours  before 
the  time  specified  for  the  proposed  meeting.  A  majority  of  the  board  shall  constitute 
a  quorum  for  the  transaction  of  business.  Such  boards  shall  appoint  one  of  their 
number  president,  who  shall  serve  for  one  year  and  until  his  successor  is  appointed,  and 
in  his  absence  shall  select  a  president  pro  tern.  Such  boards  shall  cause  a  proper  record 
of  their  proceedings  to  be  kept.  [Amended  by  Stats.  1909,  p.  823,  though  title  did  not 
state  this  section  was  amended.    Also  amended  in  1905.    Stats.  1905,  p.  296.] 

Powers  of  trustees. 

^  5.     Boards  of  library  trustees  shall  have  power: 

First — To  make  and  enforce  all  rules,  regulations  and  by-laws  necessary  for  the 
administration,  government  and  protection  of  the  libraries  under  their  management 
and  all  property  belonging  thereto. 

Second — To  administer  any  trust  declared  or  created  for  such  libraries,  and  receive 
by  gift,  devise,  or  bequest  and  hold  in  trust  or  otherwise,  property  situated  in  this 
state  or  elsewhere,  and  where  not  otherwise  provided,  dispose  of  the  same  for  the 
benefit  of  such  libraries. 

Third — To  prescribe  the  duties  and  powers  of  the  librarian,  secretary  and  other 
officers  and  employees  of  any  such  libraries;  to  determine  the  number  of  and  appoint 
all  such  officers  and  employees,  and  to  fix  their  compensation,  which  said  officers  and 
employees  shall  hold  their  offices  or  positions  at  the  pleasure  of  said  boards. 

Fourth — To  purchase  necessary  books,  journals,  publications  and  other  personal 
property. 

Fifth — To  purchase  such  real  property,  and  erect  or  rent  and  equip,  such  buildings 
or  building,  room  or  rooms,  as  may  be  necessary,  when  in  their  judgment  a  suitable 
building,  or  portion  thereof,  has  not  been  provided  by  the  legislative  body  of  the  munici- 
pality for  such  libraries. 

Sixth — To  require  the  secretary  of  state  and  other  state  officials  to  furnish  such 
libraries  with  copies  of  any  and  all  reports,  laws  and  other  publications  of  the  state 
not  otherwise  disposed  of  by  law. 

Seventh — To  borrow  books  from,  lend  books  to  and  exchange  the  same  with  other 
libraries,  and  to  allow  non-residents  to  borrow  books  upon  such  conditions  as  they  may 
prescribe. 

Eighth — To  do  and  perform  any  and  all  other  acts  and  things  necessary  or  proper 
to  carry  out  the  provisions  of  this  act. 

Annual  reports. 

$  6.  Boards  of  library  trustees  shall,  on  or  before  the  last  day  of  July  in  each  year, 
make  a  report  to  the  legislative  body  of  their  municipality,  giving  the  condition  of  the 
library  on  the  thirtieth  day  of  June  preceding,  together  with  a  statement  of  their  pro- 
ceedings for  the  year  then  ended,  and  forward  a  copy  thereof  to  the  state  library  at 
Sacramento.  [Amended  April  12,  1909.  Stats.  1909,  p.  825,  though  title  did  not  state 
this  section  was  amended.    Also  amended  in  1905.    Stats.  1905,  p.  297.] 


Act  1:5:50.  Sg  7-13  GENERAL   LAWS.  1444 

Annual  tax  levy. 

^  7.  The  legislative  body  of  any  municipality  in  which  a  public  library  has  been 
established  in  accordance  with  this  act,  shall  in  making  the  annual  tax  levy  and  as 
part  tliereof,  if  the  maintenance  of  the  library  has  not  been  otherwise  provided  for, 
levy  a  tax  for  the  purpose  of  maintaining  such  library  and  purchasing  property  neces- 
sary therefor,  which  tax  shall  be  in  addition  to  other  taxes,  the  levy  of  which  is  per- 
mitted in  the  municipality.  Provided  that  after  two  yea.j  from  the  establishment  of 
new  libraries  thereunder,  where  a  maintenance  corresponding  thereto,  has  not  been 
otherwise  provided,  in  municipalities  of  the  first,  second  and  third  classes,  such  tax 
levy  shall  not  exceed  two  mills  on  the  dollar  of  assessed  valuation,  and  in  munici- 
palities of  the  fourth,  fifth  and  sixth  classes  such  levy  shall  not  exceed  three  mills  on 
the  dollar  of  assessed  valuation.     [Amended  April  12,  1909.    Stats.  1909,  p.  825.J 

Disposition  of  revenue. 

^  8.  The  revenue  derived  from  said  tax,  together  with  all  money  acquired  by  gift, 
devise,  bequest,  or  otherwise,  for  the  purposes  of  the  library,  shall  be  apportioned  to 
a  fund  to  be  designated  the  library  fund,  and  be  applied  to  the  purposes  herein  author- 
ized. If  such  payment  into  the  treasury  should  be  inconsistent  with  the  conditions  or 
terms  of  any  such  gift,  devise,  bequest,  the  board  shall  provide  for  the  safety  and  pre- 
sersation  of  the  same,  and  the  application  thereof  to  the  use  of  the  library,  in  accord- 
ance with  the  terms  and  conditions  of  such  gift,  devise  or  bequest.  Payments  from  this 
fund  shall  be  made  upon  warrants  issued  after  due  audit  by,  and  an  order  from,  the 
library  trustees,  which  warrants  shall  be  signed  by  the  president  and  secretary  of  said 
board  of  librarj'  trustees.  The  treasurer  of  the  municipality  shall  pay  such  warrants 
without  any  further  order  or  warrant  from  any  other  authority.  [Amended  April  12, 
1909.    Stats.  1909,  p.  825.] 

Library  to  be  free. 

^  0.  Every  library  established  under  this  act  shall  be  forever  free  to  the  inhabitants 
and  nonresident  taxi^ayers  of  the  municipality,  subject  always  to  such  rules,  regula- 
tions and  by-laws  as  may  be  made  by  boards  of  library  trustees ;  and  provided,  that  for 
violations  of  the  same  a  person  may  be  fined  or  excluded  from  the  privileges  of  the 
library. 

Loaning  of  books. 

^  10.  Boards  of  library  trustees  and  the  legislative  bodies  of  neighboring  munici- 
palities or  boards  of  supervisors  of  the  counties  in  which  public  libraries  are  situated, 
may  contract  for  lending  the  books  of  such  libraries  to  residents  of  such  counties  or 
neighboring  municipalities,  upon  a  reasonable  compensation  to  be  paid  by  such  counties 
or  neighboring  municipalities. 

Title  to  property,  shall  vest  in  whom. 

^  11.     The  title  to  all  property  acquired  for  the  purposes  of  such  libraries,  when  not        .j, 
inconsistent  with  the  terms  of  its  acquisition,  or  otherwise  designated,  shall  vest  in  the      ,^ 
municipalities  in  which  such  libraries  are,  or  are  to  be,  situated,  and  in  the  name 
of  the  municipal  corporations  may  be  sued  for  and  defended  by  action  at  law  or 
otherwise. 


Act  of  1880  repealed. 

^  12.  An  act  entitled  "An  act  to  establish  free  public  libraries  and  reading  rooms," 
approved  April  twenty-six,  eighteen  hundred  and  eighty,  is  hereby  repealed;  provided, 
that  as  to  existing  libraries  this  act  is  to  be  deemed  a  contimaation  thereof,  and  such 
libraries  shall  be  governed  hereby  accordingly;  provided,  however,  that  this  act  shall 


^i 


1445  LIBRARIES.  Act  2530a,  §§  1-3 

have  no  application  to  any  library  established  or  governed  by  the  provisions  of  a 
city  charter,  and  the  provisions  of  any  city  charter  shall  in  no  manner  be  affected  by 
this  act. 

Disestablishment  of  library. 

$  13.  Any  ordinance  establishing  a  library  adopted  lander  the  provisions  of  section  1 
of  this  act  must  be  repealed  by  the  body  which  adopted  the  same  upon  being  requested 
to  do  so  by  fifty-one  per  cent  of  the  electors  of  such  municipal  corporations,  as  shown 
by  the  great  register  then  in  force,  and  upon  the  repeal  of  such  ordinance  such  library 
shall  be  disestablished  in  such  municipal  corporation.  [Amended  April  12,  1909.  Stats. 
1909,  p.  826,  though  title  stated  that  this  section  was  stricken  out.] 

The  amending  act  of  1909  contained  the  following: 

§  2.  All  acts  and  parts  of  acts  inconsistent  with  this  act  are  hereby  modified  in 
accordance  with  this  act. 

1.  PoT\er  of  board  to  control  funds  donated  to  city. — A  board  of  library  trustees  under 
this  act  are  not  entitled  to  control  the  construction  of  a  public  library  building-  with  a 
fund  donated  to  the  city  eo  nomine,  and  not  to  the  trustees. — Board  of  Library  Trustees 
V.  Board  of  Trustees,  2  Cal.  App.  760. 

COUNTY  FREE  LIBRARIES. 

ACT  2530a — An  act  to  provide  for  the  establishment  and  maintenance  of  county  free 

libraries  in  the  state  of  California,  and  repealing  "An  act  entitled  'An  act  to  provide 

county  library  systems,'  approved  April  12,  1909,  and  aU  acts  and  parts  of  acts  in 

conflict  with  this  act." 

History:  Approved  February  25,  1911,  Stats.  1911,  p.  80.  Amended 
(1)  June  1,  1917;  in  effect  July  31,  1917,  Stats.  1917,  p.  1610;  (2) 
March  31,  1919;  in  effect  July  22,  1919,  Stats.  1919,  p.  19;  (3)  April  4, 
1919;  in  effect  July  22,  1919,  Stats.  1919,  p.  23;  (4)  April  9,  1919;  in 
effect  July  22,  1919,  Stats.  1919,  p.  61;  (5)  April  21,  1919;  in  effect 
July  22,  1919,  Stats.  1919,  pp.  122,  123.  Prior  act  of  April  12,  1909, 
Stats.  1909,  p.  811,  repealed  by  the  present  act. 

Supervisors  may  establish. 

§  1.  The  boards  of  supervisors  of  the  several  counties  have  power  to  establish  and 
maintain,  within  their  respective  counties,  county  free  libraries  in  the  manner  and  with 
the  functions  prescribed  in  this  act. 

JMot  to  include  cities  having  libraries.    Publication  of  notice. 

^  2.  The  board  of  supervisors  of  any  county  may  establish  at  the  county  seat  a 
county  free  library  for  that  part  of  such  county  lying  outside  of  incorporated  cities 
and  towns  maintaining  free  public  libraries,  and  outside  of  library  districts  maintaining 
district  libraries,  and  for  all  such  additional  portions  of  such  county  as  may  elect  to 
become  a  part  of,  or  to  participate  in,  such  county  free  library  system,  as  hereafter 
provided  in  this  act.  At  least  once  a  week  for  two  successive  weeks  prior  to  taking 
such  action  the  board  of  supervisors  shall  publish,  in  a  newspaper  designated  by  them 
and  published  in  such  county,  notice  of  such  contemplated  action,  giving  therein  the 
date  of  the  meeting  at  which  such  action  is  proposed  to  be  taken. 

How  cities  having  libraries  may  participate.    May  cease  to  participate.    Publication  of 

notice. 

§  3.  After  the  establishment  of  a  county  free  library  as  provided  in  this  act,  the 
board  of  trustees,  common  council  or  other  legislative  body  of  any  incorporated  city 
or  town  in  the  county  maintaining  a  free  public  library,  or  the  board  of  trustees  of 
any  library  district  maintaining  a  district  library,  may  notify  the  board  of  supervisors 
that  such  city,  town  or  library  district  desires  to  become  a  part  of  the  county  free 
library  system,  and  thereafter  such  city,  town  or  librai-j-  district  shall  be  a  part  thereof 


Act  2530n.  S8  4.  5  GKNERAL.   LAWS.  1446 

and  its  inhabitants  shall  be  entitled  to  the  benefits  of  such  county  free  library,  and  the 
property  within  such  city,  town  or  library  district  shall  be  liable  to  taxes  levied  for 
county  free  library  purposes.  But  the  board  of  trustees,  common  council  or  other 
lefjislative  body  of  any  incorporated  city  or  town  in  the  county,  or  the  board  of  trustees 
of  any  library  district  may  at  any  time  notify  the  board  of  supervisors  that  such  city, 
town  or  library  district  no  longer  desires  to  be  a  part  of  the  county  free  library  system, 
and  thereafter  such  city,  town  or  library  district  shall  cease  to  participate  in  the  bene- 
fits of  such  county  free  library,  and  the  property  situated  in  such  city,  town  or  library 
district  shall  not  be  liable  to  taxes  for  county  free  library  purposes;  provided,  however, 
that  the  board  of  trustees,  common  council  or  other  legislative  body  of  any  incorporated 
city  or  town,  or  the  board  of  trustees  of  any  library  district,  shall  publish,  at  least 
once  a  week  for  two  successive  weeks  prior  either  to  giving  or  to  withdrawing  such 
notice,  in  a  newspaper  designated  by  said  board  of  trustees,  city  council  or  board  of 
library  trustees,  and  circulating  throughout  such  city,  town  or  library  district,  notice 
of  such  contcmjilated  action,  giving  therein  the  date  and  the  place  of  the  meeting  at 
which  such  contemplated  action  is  proposed  to  be  taken. 

Cities  having  libraries  may  contract  with  county  libraries  for  service. 

$  4.  The  board  of  supervisors  of  any  county  wherein  a  county  free  library  has  been 
established  under  the  provisions  of  this  act,  shall  have  full  power  and  authority  to 
enter  into  contracts  with  any  incorporated  city  or  town  maintaining  a  free  public 
library,  and  any  such  incorporated  city  or  town  shall,  through  its  board  of  trustee? 
or  other  legislative  body,  have  power  to  enter  into  contracts  with  such  county  to  secure 
to  the  residents  of  such  incorporated  city  or  town  the  same  privileges  of  the  county 
free  library  as  are  granted  to,  or  enjoyed  by,  the  residents  of  the  county  outside  of 
such  incorporated  city  or  town,  or  such  privileges  as  may  be  agreed  upon  in  such  con- 
tract, upon  such  consideration  to  be  named  in  said  contract  as  may  be  agreed  upon,  the 
same  to  be  paid  into  the  county  free  library  fund,  and  thereupon  the  residents  of  sucli 
incorporated  city  or  town  shall  have  the  same  privileges  with  regard  to  said  county 
free  library  as  are  had  by  the  residents  of  such  county  outside  of  such  incorporated 
city  or  town,  or  such  privileges  as  may  be  agreed  upon  by  said  contract. 

One  county  may  furnish  library  service  to  another.    Library  tax. 

^  5.  The  board  of  supervisors  of  any  county  wherein  a  county  free  library  has  been 
established  under  the  provisions  of  this  act,  shall  have  full  power  and  authority  to 
enter  into  contracts  or  agreements  with  the  board  of  supei*visors  of  any  other  county 
to  secure  to  the  residents  of  such  other  county  such  privileges  of  such  county  free 
library  as  may,  by  such  contract,  be  agreed  upon  and  upon  such  consideration  as  may 
in  said  contract  be  agreed  upon,  the  same  to  be  paid  into  the  county  free  library  fund, 
and  thereupon  the  inhabitants  of  such  other  county  shall  have  such  privileges  of  such 
county  free  library  as  may  by  such  contract  be  agreed  upon;  and  the  board  of  super- 
visors of  such  county  shall  have  full  power  and  authority  to  enter  into  a  contract  with 
the  board  of  supervisors  of  another  county  wherein  a  county  free  library  has  been 
established  under  the  provisions  of  this  act,  as  in  this  section  provided,  and  shall  have 
I)ower  to  levy  a  library  tax,  as  in  this  act  provided,  for  the  purpose  of  carrying  out 
such  contract,  but  the  making  of  such  contract  shall  not  bar  the  board  of  supervisors 
of  such  county  during  the  continuance  of  such  contract  from  establishing  a  county  free 
library-  therein  under  the  provisions  of  this  act,  if  none  be  already  established  therein, 
and  upon  the  establishment  of  such  county  free  library,  such  contract  may  be  termi- 
nated upon  such  terms  as  may  be  agreed  upon  by  the  parties  thereto,  or  may  continue 
for  the  term  thereof. 


1447  LIBRARIES.  Act  2530a.  §g  6-8 

Board  of  library  examiners.    To  pass  on  qualifications  of  county  librarians. 

$  6.  A  commission  is  hereby  created  to  be  known  as  the  board  of  library  examiners, 
consisting  of  the  state  librarian,  who  shall  be  ex-officio  chairman  of  said  board,  the 
librarian  of  the  public  library  of  the  city  and  county  of  San  Francisco,  and  the  librarian 
of  the  Los  Angeles  public  library.  The  members  of  said  board  shall  receive  no  compen- 
sation for  their  services,  except  their  actual  and  necessary  traveling  expenses,  to  be 
paid  out  of  the  state  library  fund.  Said  board  shall  pass  upon  the  qualifications  of  all 
persons  desiring  to  become  county  librarians,  and  may,  in  writing,  adopt  rules  and  ref- 
lations not  inconsistent  with  law  for  its  own  government,  and  for  carrying  out  the  pur- 
poses of  this  act.  Persons  of  either  sex  shall  be  eligible  to  certification  for  the  office  of 
count}^  librarian. 

County  librarian,  appointment. 

§  7.  Upon  the  establishment  of  a  county  free  library,  the  board  of  supervisors  shall 
appoint  a  county  librarian,  who  shall  hold  office  for  the  term  of  four  years,  subject  to 
prior  removal  for  cause,  after  a  hearing,  by  said  board.  No  person  shall  be  eligible  to 
the  office  of  county  librarian  unless  prior  to  his  appointment  he  has  received  from  the 
board  of  library  examiners  a  certificate  of  qualification  for  the  office.  At  the  time  of 
his  appointment,  the  county  librarian  need  not  be  a  resident  of  the  county  nor  a  citizen 
of  the  state  of  California. 

Government  of  county  library.    Employees.    Grades.    Apprentices. 

§  8.  The  county  free  library  shall  be  under  the  general  supervision  of  the  board  of 
supervisors,  which  shall  have  power  to  make  general  rules  and  regulations  regarding 
the  policy  of  the  county  free  library,  to  establish,  upon  the  recommendation  of  the 
county  librarian,  branches  and  stations  throughout  the  county  and  may  locate  said 
branches  and  stations  in  incorporated  cities  and  towns  wherever  deemed  advisable  to 
determine  the  number  and  kind  of  employees  of  such  library,  and  to  appoint  and  dis- 
miss such  employees  upon  the  recommendation  of  the  county  librarian.  Such  employee 
shall  not  be  removed  except  for  cause,  and  in  case  any  such  removal  be  made  upon  the 
ground  that  the  services  of  such  employee  are  no  longer  required,  such  removed  em- 
ployee shall  have  the  first  right  to  be  restored  to  such  employment  when  such  services 
are  again  required,  but  the  board  of  supervisors  may,  at  the  time  of  appointing  any 
employee,  and  upon  the  recommendation  of  the  county  librarian,  enter  into  an  agree- 
ment that  such  employee  be  employed  for  a  definite  time  only.  All  employees  of  the 
county  free  library  whose  duties  require  special  training  in  library  work  shall  be 
graded  in  grades  to  be  established  by  the  county  librarian,  with  the  advice  and  approval 
of  the  state  librarian,  according  to  the  duties  required  of  them,  experience  in  library 
work  and  other  qualifications  for  the  service  required;  and  before  appointment  to  a 
position  in  the  graded  service,  the  candidate  must  pass  an  examination  appropriate  to 
the  position  sought,  satisfactory  to  the  county  librarian,  and  show  a  satisfactory 
experience  in  library  work.  Work  in  approved  library  schools  or  libraries,  or  certificates 
issued  by  the  board  of  library  examiners,  may  be  accepted  by  the  county  librarian  in 
lieu  of  such  examination.  The  county  librarian  may  also  accept  as  apprentices,  without 
compensation,  candidates  possessing  personal  qualifications  satisfactory  to  him  and  may 
dismiss  the  same  at  any  time  if  in  his  judgment  their  work  is  not  satisfactory  to  him. 

County  librarian,  bond,  duties.    Salary. 

§  9.  The  county  librarian  shall,  prior  to  entering  upon  the  duties  of  his  office,  file 
with  the  county  clerk  the  usual  oath  of  office  and  a  bond,  conditioned  upon  the  faithful 
performance  of  his  duties,  with  sufficient  sureties  approved  by  a  judge  of  the  superior 
court  in  the  county  of  which  the  librarian  is  to  be  the  county  librarian,  in  such  sum 
as  may  be  determined  by  the  board  of  supervisors.    The  county  librarian  shall,  subject 


Act  2o:tua,  gg  oa-10 


GKNIi^RAL   LAWS.  1448 


to  the  general  rules  adopted  by  the  board  of  supervisors,  build  up  and  manage,  accord- 
ing to  accepted  princii)lcs  of  library  management  of  the  library  for  the  use  of  the 
people  of  the  county,  and  shiUl  determine  what  books  and  other  library  equipment  shall 
be  purchased.  The  salary  per  annum  of  the  county  librarian  shall  be  as  follows:  In 
i-ounties  of  the  first  to  the  third  classes  inclusive,  two  thousand  four  hundred  dollars; 
of  the  fourth  to  the  tenth  classes  inclusive,  two  thousand  dollars;  of  the  eleventh  to 
(he  twentieth  classes  inclusive,  eighteen  hundred  dollars;  of  the  twenty-first  to  the 
thirti'ith  classes  inclusive,  fifteen  hundred  dollars;  of  the  thirty-first  to  the  forty-eighth 
classes  inclusive,  twelve  hundred  dollars;  and  of  the  forty-ninth  to  the  fifty-seventh 
classes  inclusive,  five  hundred  dollars.  The  salary  of  each  of  the  county  librarians  hero 
provided  shall  be  paid  by  each  of  such  counties  in  equal  monthly  installments,  at  the 
same  time  auvi  in  the  same  manner  and  out  of  the  same  fund  as  the  salaries  of  other 
county  officers  are  paid.  The  county  librarian  and  his  assistant  shall  be  allowed  actual 
and  necessary  travelinsr  expenses  incurred  on  the  business  of  the  office. 

Counties  of  the  thirty-second  class,  salary  of  librarian. 

^  Off.  In  counties  of  the  thirty-second  class  the  county  librarian  shall  receive  one 
tliousand  five  hundred  dollars  per  year.  [New  section  added  April  21,  1919.  In  effect 
.Tuly  22,  1919.    Stats.  1919,  p.  122.'] 

Salary  of  county  librarian. 

^  Ogg.  In  counties  of  the  thirty-third  class  the  salary  of  the  county  librarian  shall 
be  eighteen  hundred  dollars  per  annum.  [New  section  added  June  1,  1917.  In  effect 
July  31,  1917.    Stats.  1917,  p.  1610.] 

Counties  of  the  thirty-fifth  class,  salary  of  librarian. 

§  9ii.  In  counties  of  the  thirty-fifth  class  the  salary  of  the  county  librarian  shall  be 
one  thousand  eight  hundred  dollars  per  annum.  [New  section  added  April  21,  1919. 
In  effect  July  22,  1919.    Stats.  1919,  p.  123.] 

Counties  of  the  thirty-ninth  class,  salary  of  librarian. 

§  9ram.  In  counties  of  the  thirty-ninth  class  the  salary  of  the  county  librarian  shall 
be  one  thousand  five  hundred  dollars  per  annum.  [New  section  added  March  31,  1919. 
In  effect  July  22,  1919.    Stats.  1919,  p.  19.] 

Counties  of  the  forty-second  class,  salary  of  librarian, 

M)pp.  In  counties  of  the  forty-second  class  the  county  librarian  shall  receive  one 
thousand  eight  hundred  dollars  per  year,  to  be  paid  by  such  counties  in  equal  monthly 
installments  at  the  same  time,  in  the  same  manner  and  out  of  the  same  fund  as  the 
salaries  of  other  county  officers  are  paid,  and  shall  also  be  allowed  the  actual  and 
neces.^ary  traveling  expenses  incurred  on  the  business  of  the  office.  [New  section 
added  April  9,  1919.    In  effect  July  22,  1919.    Stats.  1919,  p.  62.] 

Counties  of  the  fifty-fifth  class,  salary  of  librarian. 

6  Occc.  In  counties  of  the  fifty-fifth  class  the  salarj'  of  the  county  librarian  shall  be 
one  thousand  two  hundred  dollars  per  annum.  [New  section  added  April  4,  1919.  In 
effect  July  22,  1919.    Stats.  1919,  p.  23.] 

Supervision  of  state  librarian.    Convention  of  county  librarians. 

^  10.  The  count}'  free  libraries  of  the  state  shall  be  under  the  general  supervision 
of  the  state  librarian,  who  shall  from  time  to  time,  either  personally  or  by  one  of  his 
assistants,  visit  the  county  free  libraries  and  inquire  into  their  condition.  The  actual 
and  necessary  expenses  of  such  visits  shall  be  paid  out  of  the  state  library  fund.  The 
state  librarian  shall  annually  call  a  convention  of  county  librarians,  to  assemble  at  such 
time  and  place  as  he  shall  deem  most  convenient,  for  the  discussion  of  questions  per- 


1448  LIBRARIES.  Act  2530a.  gg  11-13 

taining  to  the  supervision  and  administration  of  the  county  free  libraries,  the  laws 
relating  thereto,  and  such  other  subjects  affecting  the  welfare  and  interest  of  the 
county  free  libraries  as  shall  properly  be  brought  before  it.  It  is  hereby  made  the 
duty  of  all  the  county  librarians  to  attend  and  take  part  in  the  proceedings  of  such 
convention.  The  actual  and  necessary  expenses  of  the  county  librarians  attending  the 
convention  shall  be  paid  out  of  the  county  free  library  fund. 

Report. 

§  11.  The  county  librarian  shall,  on  or  before  the  thirty-first  day  of  July  in  each 
year,  report  to  the  board  of  supervisors  and  to  the  state  librarian  on  the  condition  of 
the  county  free  library,  for  the  year  ending  June  thirtieth  preceding.  Such  reports 
shall,  in  addition  to  other  matters  deemed  expedient  by  the  county  librarian,  contain 
such  statistical  and  other  information  as  may  be  deemed  desirable  by  the  state  librarian. 
For  this  purpose  the  state  librarian  may  send  to  the  several  county  libraries  instructions 
or  question  blanks  so  as  to  obtain  the  material  for  a  comparative  study  of  library  con- 
ditions in  the  state. 

Tax  levy.    Bonds.    Gifts.    Fund.    Claims,  how  paid. 

^  12.  The  board  of  supervisors,  after  a  county  free  library  has  been  established, 
shall  annually  levy,  in  the  same  manner  and  at  the  same  time  as  other  county  taxes  are 
levied,  and  in  addition  to  all  other  taxes,  a  tax  not  to  exceed  one  mill  on  the  dollar 
of  assessed  valuation  upon  all  property  in  such  county  outside  of  incorporated  cities 
and  towns  maintaining  free  public  libraries,  and  library  districts  maintaining  district 
libraries,  and  upon  all  property  within  incorporated  cities,  towns  and  library  districts, 
which  have  elected  to  become  a  part  of  such  county  free  library  system  as  provided 
in  this  act,  for  the  purpose  of  purchasing  property  for,  establishing  and  maintaining 
the  county  free  librarj'.  County  bonds  may  be  issued,  in  the  manner  prescribed  in 
section  4088  of  the  Political  Code  for  the  erection  and  equipment  of  county  free  library 
buildings  and  the  purchase  of  land  therefor.  The  board  of  supervisors  is  authorized  to 
receive,  on  behalf  of  the  countj',  any  gift,  bequest  or  devise  for  the  county  free  library, 
or  for  any  branch  or  subdivision  thereof.  The  title  to  all  property  belonging  to  the 
county  free  librarj'  shall  be  vested  in  the  county.  All  laws  applicable  to  the  collection 
of  county  taxes  shall  apply  to  the  collection  of  the  tax  herein  provided.  All  funds  of 
the  county  free  library,  whether  derived  from  taxation  or  otherwise,  shall  be  in  the 
custody  of  the  pounty  treasurer.  They  shall  constitute  a  separate  fund,  called  the 
county  free  library  fund,  and  shall  not  be  used  for  any  purposes  except  those  of  the 
county  free  library.  Each  claim  against  the  county  free  library  fund  shall  be  author- 
ized and  approved  by  the  county  librarian,  or  in  his  absence  from  the  county  by  his 
assistant.  It  shall  then  be  acted  upon  in  the  same  manner  as  are  all  other  claims 
against  the  county. 

County  law  library. 

§  13.  In  any  county  of  this  state  where  a  law  library  may  now  or  hereafter  exist 
under  the  provisions  of  sections  4190  to  4204,  inclusive,  of  the  Political  Code  of  the 
state,  the  board  of  supervisors  of  such  county  shall  have  the  power  to  enter  into  con- 
tracts, or  agreements  with  the  board  of  law  library  trustees  of  such  law  library  for 
the  co-operation  of  said  law  library  and  the  county  free  library,  and,  in  that  connection 
to  contract  or  agree  with  the  board  of  law  library  trustees  of  such  law  library  that 
the  county  librarian  and  other  employees  of  the  county  free  library  perform  the  duties 
required  to  be  done  or  performed  by  the  officers  and  employees  of  such  law  library  as 
contemplated  by  sections  4190  to  4204,  inclusive,  of  the  Political  Code  of  this  state  for 
a  compensation  to  be  named  in  such  contract  or  agreement,  the  same  to  be  paid  into 
the  county  free  library  fund. 


Act  2530b,  §  1  GENERAL   LAWS.  1450 

School  library. 

^  14.  The  board  of  supervisors  shall  have  power  to  accept  on  behalf  of  the  county 
free  library,  all  books  and  other  property  of  school  libraries  and  of  the  teachers' 
library  as  provided  by  sections  1565, 1715  and  1716  of  the  Political  Code,  and  to  manage 
and  maintain  the  same  as  a  part  of  the  county  free  library. 

How  disestablished. 

§  15.  After  a  county  free  library  has  been  established,  it  may  be  disestablished  in 
the  same  manner  as  it  was  established.  At  least  once  a  week  for  two  successive  weeks 
prior  to  taking  such  action,  the  board  of  supervisors  shall  publish,  in  a  newspaper 
designated  by  them,  and  published  in  the  county,  notice  of  such  contemplated  action, 
giving  therein  the  date  of  the  meeting  at  which  such  contemplated  action  is  proposed 
to  be  taken. 

Contract  with  public  library. 

$  16.  Instead  of  establishing  a  separate  county  free  library,  the  board  of  super- 
visors may  enter  into  a  contract  according  to  the  provisions  of  this  section  with  the 
board  of  library  trustees  or  other  authority  in  charge  of  the  free  public  library  of  any 
incorporated  city  or  town,  and  the  board  of  library  trustees,  or  other  authority  in 
charge  of  such  free  public  librars',  is  hereby  authorized  to  make  such  a  contract.  Such 
contract  may  provide  that  the  free  public  library  of  such  incorporated  city  or  town 
shall  assume  the  functions  of  a  county  free  library  within  the  county  with  which  such 
contract  is  made,  including  incorporated  cities  and  towns  therein.  The  board  of  super- 
visors may  agree  to  pay  annually  into  the  library  fund  of  such  incorporated  city  or 
town  such  sum  as  may  be  agreed  upon.  Either  party  to  such  contract  may  terminate 
the  same  by  giving  six  months'  notice  of  intention  to  do  so. 

Act  of  April  12,  1909,  repealed. 

^17.  An  act  entitled  "An  act  to  provide  county  library  systems,"  approved 
April  12,  1909,  and  all  acts  and  parts  of  acts  in  conflict  herewith  are  hereby  repealed ; 
provided,  however,  that  anj''  county  library  which  may  have  been  established  and  is 
now  in  existence  under  the  provisions  of  the  act  approved  April  12,  1909,  shall  be  con- 
tinued under  the  provisions  of  this  act,  and  be  considered  the  same  as  if  established 
under  the  provisions  of  this  act;  and  provided,  further,  that  in  any  case  where  a  con- 
tract has  been  entered  into  between  any  county  board  of  supervisors  and  any  city  or 
incorporated  town  under  the  provisions  of  section  12  of  said  act,  the  same  shall  con- 
tinue in  force,  and  the  provisions  of  section  16  of  this  act  shall  be  applicable  thereto, 
until  the  establisliment  and  equipment  of  a  count}'  free  library  under  the  provisions  of 
sections  1  to  15  inclusive  of  this  act,  unless  sooner  terminated  under  the  provisions 
thereof. 

PUBLIC  LIBRARIES  IN  UNINCORPORATED  TOWNS. 
ACT  2530b — An  act  to  allow  unincorporated  towns  and  villages  to  establish,  equip,  and 
maintain  public  libraries ;  to  provide  for  the  formation,  government  and  operation  of 
library  districts;  the  acquisition  of  property  thereby;  the  calling  and  holding  of  elec- 
tions in  such  district;  the  assessment,  collection,  custody  and  disbursement  of  taxes 
therein ;  and  to  create  boards  of  library  trustees. 

History:     Approved   April  12,   1909,   Stats.   1909,   p.  815.     Amended 
March  13,  1911.  Stats.  1911,  p.  343. 

Libraries  in  unincorporated  towns. 

§  1.  Any  unincorporated  town  or  village  of  this  state  may  establish,  eqnip  and  main- 
tain a  public  library  for  the  dissemination  of  a  knowledge  of  the  artS|  sciences  and 
general  literature,  in  accordance  with  the  provisions  of  this  act. 


I 


J 


14r.l  MBHARIES.  Act  2530b.  §8  2-8 

Manner  of  establishment. 

^-  2.  Upon  the  application,  by  petition,  of  fifty  or  more  taxpayers  and  residents  of 
said  town  or  village  to  the  board  of  supervisors  in  the  county  in  which  said  town  or 
village  is  located,  praying  for  the  formation  of  a  library  district,  and  setting  forth  the 
boundaries  of  the  said  proposed  district;  the  said  board  of  supervisors  must,  within 
ten  days  after  receiving  said  petition,  by  resolution,  order  that  an  election  be  held  in 
the  said  proposed  district  for  the  determination  of  the  question  and  shall  appoint  three 
qualified  electors  thereof  to  conduct  said  election. 

Election,  how  called. 

$  3.  Said  election  shall  be  called  by  posting  notice  thereof  in  three  of  the  most 
public  places  in  said  proposed  library  district,  and  by  publication  in  a  daily  or  weekly 
paper  therein,  if  there  be  one,  at  least  once  a  week  for  not  less  than  fifteen  days.  Said 
notices  must  specify  the  time,  place,  and  the  purposes  of  said  election,  and  the  hours 
during  which  the  polls  will  be  kept  open;  provided,  that  in  districts  with  a  population 
of  ten  thousand  or  over,  the  polls  must  be  opened  at  eight  o'clock  a.  m.,  and  kept  open 
until  seven  o'clock  p.  m.,  and  in  districts  where  the  population  is  less  than  ten  thousand, 
the  polls  must  not  be  opened  before  one  o  'clock  p.  m.,  and  must  be  kept  open  not  less 
than  six  hours. 

Conduct  of  election. 

^  4.  Said  election  shall  be  conducted  in  accordance  with  the  general  election  laws 
of  this  state,  where  applicable,  without  reference  to  form  of  ballot  or  manner  of  voting, 
except  that  the  ballots  shall  contain  the  words,^"For  library  district,"  and  the  voter 
shall  write  or  print  after  said  words  on  his  ballot  the  word  "Yes,"  or  the  word  "No.'' 

Electors,  qualifications  of. 

$  5.  Every  qualified  elector,  resident  within  the  proposed  district  for  the  period 
requisite  to  enable  him  to  vote  at  a  general  election,  shall  be  entitled  to  vote  at  the 
election  above  provided  for. 

Return  of  result. 

$  6.  It  shall  be  the  duty  of  the  election  officers  to  report  the  result  of  said  election 
to  the  board  of  supervisors  within  five  days  subsequent  to  the  holding  thereof. 

Trustees,  appointment  of. 

^7.  If  a  majority  of  the  votes  at  said  election  shall  be  in  favor  of  a  library  district, 
the  said  board  of  supervisors  must,  by  resolution,  establish  said  library  district,  and 
must  appoint  three  trustees,  who  must  be  qualified  electors  and  residents  within  the 
limits  of  the  proposed  library  district,  to  be  known  and  called  a  board  of  library 
trustees,  of  the  town  or  village  for  which  they  are  appointed.  Such  trustees  shall  sever- 
ally hold  office  for  three  yesas  from  the  first  day  of  July  next  succeeding  their  election 
and  until  their  successors  are  elected  and  qualified;  serving  without  compensation; 
provided  however,  that  the  members  of  the  first  board  appointed  shall  be  so  classified 
by  the  board  of  supervisors  at  the  time  of  their  appointment,  that  one  of  their  number 
shall  go  out  of  office  on  the  thirtieth  day  of  June  next  succeeding  his  appointment,  one 
at  the  end  of  one  year  thereafter,  and  the  other  at  the  end  of  two  years  thereafter. 
Vacancies  shall  be  filled  by  the  board  of  supervisors  by  appointment  for  the  unexpired 
term. 

Proceedings  if  proposition  be  defeated. 

^8.  If  a  majority  of  the  votes  cast  shall  be  against  a  library  district,  the  board  of 
supervisors  shall,  by  order,  so  declare;  no  other  proceedings  shall  be  taken  in  relation 
thereto  until  the  expiration  of  one  year  from  the  date  of  presentation  of  the  petition. 


Act  2530b,  §§  9-11  GEXERAL   LAWS.  1452 

Facts  establishing  the  validity  of  district. 

^  9.  The  fact  of  the  presentation  of  the  petition,  and  the  order  establishing  the 
library  district  and  making  the  appointment  of  the  three  library  trustees,  shall  be 
entered  in  the  minutes  of  the  board  of  supervisors  and  shall  be  conclusive  evidence  of 
the  due  presentation  of  a  proper  petition,  and  that  each  of  the  petitioners  was,  at  the 
time  of  signature  and  presentation  of  the  petition,  a  taxpayer  and  resident  of  the  pro- 
posed district,  and  of  the  fact  and  regularity  of  all  prior  proceedings  of  every  kind 
and  nature  provided  for  by  this  act,  and  of  the  existence  and  validity  of  the  district. 

Trustees,  meetings  of. 

§  10.  Boards  of  library  trustees  shall  meet  at  least  once  a  month,  at  such  time  and 
place  as  they  may  fix  by  resolution.  Special  meetings  may  be  called  at  any  time  by 
two  trustees,  by  written  notices  served  upon  each  member  at  least  twelve  hours  before 
the  time  specified  for  the  meeting.  Two  members  shall  constitute  a  quorum  for  the 
transaction  of  business.  At  its  first  meeting  held  after  the  first  day  of  July  the  board 
shall  organize  by  electing  one  of  its  number  president,  and  another  one  of  its  number 
secretary;  they  shall  serve  as  such  for  one  year  or  until  their  successors  are  elected 
and  qualified.  Such  boards  shall  cause  a  proper  record  of  its  proceedings  to  be  kept, 
and  at  the  first  meeting  of  the  board  of  trustees  of  any  library  formed  under  the  pro- 
visions of  this  act,  it  must  immediately  cause  to  be  made  out  and  filed  with  the  state 
librarian  at  Sacramento  a  certificate  showing  that  such  library  has  been  established, 
with  the  date  thereof,  the  names  of  the  trustees,  and  the  officers  -of  the  board  chosen 
for  the  current  fiscal  year. 

Powers  and  duties  of  trustees. 

^  11.  The  board  of  library  trustees  so  appointed  by  the  said  board  of  supervisors, 
and  their  successors,  shall  be  authorized  and  they  are  hereby  empowered,  and  it  shall 
be  their  duty: 

First — To  make  and  enforce  all  rules,  regulations  and  by-laws  necessary  for  the 
administration,  government  and  protection  of  the  libraries  under  their  management,  and 
all  property  belonging  thereto. 

Second — To  administer  any  trust  declared  or  created  for  such  libraries,  and  receive 
by  gift,  devise,  or  bequest,  and  hold  in  trust  or  otherwise,  property  situated  in  this  state 
or  elsewhere,  and  where  not  otherwise  provided,  dispose  of  the  same  for  the  benefit  of 
such  libraries. 

Third — To  prescribe  the  duties  and  powers  of  the  librarian,  secretary,  and  other  offi- 
cers and  employees  of  any  such  librai'ies;  to  determine  the  number  of  and  appoint  all 
such  officers  and  employees,  and  Qx  their  compensation,  which  said  officers  and  em- 
ployees shall  hold  their  offices  and  positions  at  the  pleasure  of  said  boards. 

Fourth — To  purchase  necessary  books,  journals,  publications  and  other  personal 
property. 

Fifth — To  purchase  such  real  property,  and  erect  or  rent  and  equip,  such  building 
or  buildings,  room  or  rooms,  as  in  their  judgment  may  be  necessary  to  properly  cany 
out  the  provisions  of  this  act. 

Sixth — To  require  the  secretary  of  state  and  other  state  officials  to  furnish  such 
libraries  with  copies  of  any  and  all  reports,  laws,  and  other  publications  of  the  state 
not  otherwise  disposed  of  by  law. 

Seventh — To  borrow  books  from,  lend  books  to  and  exchange  the  same  with  other 
libraries,  and  to  allow  nonresidents  to  borrow  books  upon  such  conditions  as  the  board 
may  prescribe. 

Eighth — To  do  and  perform  any  and  all  other  acts  and  things  necessary  or  proper 
to  carry  out  the  provisions  of  this  act. 

Ninth — To  file,  through  their  secretary-,  on  or  before  the  last  day  of  the  month  of 


J 


1453  LIBRARIES.  Act  2530b,  §S  12-16 

July  of  each  year,  a  report  with  the  state  librarian  at  Sacramento  giving  the  condition 
of  their  library  and  the  number  of  volumes  contained  therein  on  the  thirtieth  day  of 
June  preceding. 

Tenth — To  designate  the  hours  during  which  the  library  shall  be  open  for  the  use 
of  the  public;  provided  however,  that  all  public  libraries  established  under  the  provi- 
sions of  this  act,  shall  be  open  for  the  use  of  the  public  during  every  day  in  the  year. 

Estimates  of  cost. 

$  12.  In  any  library  district  formed  under  the  provisions  of  this  act,  which  is  now 
maintaining  a  public  library,  or  which  shall  have  petitioned  for  and  has  been  granted 
permission  to  establish,  and  intends  to  maintain  a  public  library  in  accordance  with 
this  act,  it  shall  be  the  duty  of  the  board  of  library  trustees  therein,  to  furnish  to  the 
board  of  supervisors  of  the  county  wherein  said  librai-y  district  is  situated,  each  and 
every  year,  on  or  before  the  first  day  of  September,  an  estimate  of  the  cost  of  leasing; 
temporary  quarters,  purchasing  a  suitable  lot,  of  procuring  plans  and  specifications  and 
erecting  a  suitable  building,  of  furnishing  and  equipping  the  same,  and  of  fencing  and 
ornamenting  the  grounds,  for  the  accommodation  of  the  public  library,  and  of  conduct- 
ing and  maintaining  the  same  for  the  ensuing  fiscal  year,  or  for  any  or  all  of  said  pur- 
poses; provided  however,  that  the  board  of  library  trustees,  may,  when  in  its  judgment 
it  is  deemed  advisable,  and  upon  the  petition  of  fifty  or  more  taxpayers  residing  within 
said  library  district,  must  call  an  election  and  submit  to  the  electors  of  the  said  library 
district  whether  the  bonds  of  said  librai-y  district  shall  be  issued  and  sold  for  any  or  all 
of  the  purposes  of  this  act. 

Special  tax  levy. 

§  13.  When  such  estimate  shall  have  been  submitted  to  the  board  of  supervisors  of 
any  county  in  which  a  public  library  district  has  been  established,  the  said  board  of 
supei'visors  must,  at  the  time  of  levj'ing  county  taxes,  levy  a  special  tax  upon  all  of  the 
taxable  property  within  the  limits  of  the  said  library  district,  sufficient  in  amount  to 
maintain  the  said  public  library,  or  to  purchase  the  site,  erect  and  equip  the  building, 
improve  the  grounds  or  building,  or  for  any  or  all  of  the  pui'poses  of  this  act.  The 
taxes  so  le\"ied  shall  be  computed,  entered  upon  the  tax-roll,  and  collected  in  the  same 
manner  as  other  taxes  are  computed,  entered  and  collected. 

Disposition  of  revenue. 

§  14.  The  revenue  derived  from  said  tax,  together  with  all  money  acquired  bj'  gift, 
devise,  bequest,  or  otherwise,  for  the  purposes  of  the  library,  shall  be  paid  into  the 
county  treasury  to  the  credit  of  the  library  fund  of  the  district  wherein  said  tax  was 
collected,  subject  only  to  the  order  of  the  library  trustees  of  said  district.  If  such 
payment  into  the  treasury  should  be  inconsistent  with  the  terms  or  conditions  of  any 
such  gift,  devise,  or  bequest,  the  board  of  library  trustees  shall  provide  for  the  safety 
and  preservation  of  the  same,  and  the  application  thereof  to  the  use  of  the  library,  in 
accordance  with  the  terms  and  conditions  of  such  gift,  devise  or  bequest. 

Library  to  be  free. 

$  15.  Every  library  established  under  the  provisions  of  this  act  shall  be  forever  free 
to  the  inhabitants  and  nonresident  taxpayers  of  the  library  district,  subject  always  to 
such  rules,  regulations,  and  by-laws  as  may  be  made  by  the  board  of  library  trustees; 
also  provided,  that  for  violations  of  the  same  a  person  may  be  fined  or  excluded  from 
the  privileges  of  the  library. 

Loan  of  books. 

§  16.  Boards  of  library  trustees  and  the  boards  of  trustees  of  neighboring  library 
districts,  or  the  legislative  bodies  of  neighboring  municipalities,  or  boards  of  super- 


I 


Act  2530b,  §9 17-24 


GENKRAL.   LAWS.  1454 


visors  of  the  counties  in  which  public  libraries  are  situated,  may  contract  to  lend  the 
books  of  such  libraries  to  residents  of  such  counties  or  neighboring  municipalities,  or 
library  districts,  upon  a  reasonable  compensation  to  be  paid  by  such  counties,  neigh- 
boring municipalities,  or  library  districts. 

Title  to  library  property. 

§  17.  The  title  to  all  property  acquired  for  the  purposes  of  such  libraries,  when  not 
inconsistent  with  the  terms  of  its  acquisition,  or  not  otherwise  designated,  shall  vest 
in  the  district  in  which  such  libraries  are,  or  are  to  be  situated.    Every  library  district 

must  be  designated  by  the  name  and  style  of library  district  (using  the  name  of 

the  district),  of  county  (using  the  name  of  the  county  in  which  said  district  is 

situated) ;  and  in  that  name  the  trustees  may  sue  and  be  sued,  and  may  hold  and  convey 
property  for  the  use  and  benefit  of  such  district.  A  number  must  not  be  used  as  a  part 
of  the  designation  of  any  library  district. 

Slection  for  trustees. 

^  18.  An  election  for  library  trustees  must  be  held  in  each  library  district,  annually, 
at  the  public  library,  if  there  is  one,  and  if  there  is  none,  at  the  place  to  be  designated 
by  the  board  of  trustees;  for  the  election  of  one  library  trustee,  who  shall  hold  office 
for  three  years  dating  from  the  first  day  of  July  next  succeeding  his  election,  or  until 
his  successor  shall  be  elected,  or  appointed  and  qualified. 

Number  of  trustees. 

^  19.  The  number  of  library  trustees  for  any  library  district  established  under  the 
provisions  of  this  act,  shall  be  three. 

Notice  of  election. 

§  20.  Not  less  than  ten  days  before  the  election  required  in  section  eighteen  of  this 
act,  the  trustees  must  post  notices  in  three  public  places  in  the  district,  one  of  which 
places  shall  be  the  public  library;  which  notices  must  specify  the  time  and  place  of 
cloctiou,  and  the  hours  during  which  the  polls  will  be  kept  open;  if  within  five  days  of 
holding  the  election  the  trustees  have  failed  to  post  the  notices  required  under  this 
section,  then  any  three  electors  of  the  district  may  give  notice. 

Conduct  of  election. 

^  21.  Boards  of  trustees  must  appoint  one  inspector  and  two  judges  to  conduct  the 
said  election;  if  none  are  so  appointed,  or,  if  those  apppointed  are  not  present  at  the 
opening  of  the  polls,  the  electors  present  may  appoint  them,  and  they  shall  conduct  the 
election.  Any  member  of  the  board  of  library  trustees  is  hereby  qualified  to  administer 
the  oath  and  swear  in  the  election  officers. 

Polls,  opening  and  closing. 

§  22.  In  library  districts  with  a  population  of  ten  thousand  or  over,  the  polls  must 
be  open  at  eight  o'clock  a.  m.,  and  kept  open  until  seven  o'clock  p.  m. ;  in  districts 
where  the  population  is  less  than  ten  thousand  the  polls  must  not  be  opened  before  one 
o'clock  p.  m.,  and  must  be  kept  open  not  less  than  sLx  hours. 

Electors,  aualifications  of. 

§  23.  Every  elector,  resident  of  the  library  district,  who  is  a  qualified  elector  of  the 
county,  and  who  is  registered  in  the  district  where  the  election  is  held  at  least  thirty 
days  before  the  election,  may  vote  thereat. 

Voting. 

$  24.  Voting  must  be  by  ballot  (without  reference  to  the  general  election  law  in 
regard  to  nominations,  form  of  ballot,  or  manner  of  voting),  which  shall  be  handed  bj 


1455  LIBRARIES.  Act  2530b,  §§  25-31 

the  elector  voting  to  the  inspector,  who  shall  then,  in  his  presence,  deposit  the  same  in 
the  ballot-box,  and  the  judges  shall  enter  the  elector's  name  on  the  poll-list. 

Challenges. 

$  25.  Any  person  offering  to  vote  may  be  challenged  by  any  elector  of  the  district, 
and  the  judges  of  election  must  thereupon  administer  to  the  person  challenged  an  oath, 
in  substance  as  follows:  "You  do  swear  that  you  are  a  citizen  of  the  United  States, 
that  you  are  twenty-one  years  of  age,  that  you  have  resided  in  this  state  one  year,  in 
this  county  ninety  days,  and  in  this  library  district  thirty  days  preceding  this  election, 
and  that  your  name  is  on  the  great  register  of  this  county  and  was  on  the  great  register 
of  a  precinct  of  this  library  district  at  least  thirty  days  before  this  election,  and  that 
you  have  not  before  voted  this  day."  If  he  takes  the  oath  prescribed  in  this  section, 
his  vote  must  be  received,  otherwise  his  vote  must  be  rejected. 

Poll-lists. 

$  26.     A  poll  and  tally  list  must  be  kept  and  must  be  returned  to  the  board  of  library 

trustees. 

Canvass  of  votes. 

§  27.  The  officers  of  election  must  publicly  canvass  the  votes  immediately  after 
closing  the  polls,  and  make,  sign,  and  deliver  certificates  of  election  to  the  person 
elected,  which  must,  with  the  oath  of  office  of  the  person  so  elected  attached,  be  for- 
warded to  the  county  clerk  and  filed  in  his  oflfiee. 

Bonds,  election  for. 

§  28.  The  board  of  trustees  of  any  library  district  may,  when  in  their  judgment  it 
is  deemed  advisable,  and  must,  upon  a  petition  of  fifty  or  more  taxpayers  and  residents 
of  said  library  district,  call  an  election  and  submit  to  the  electors  of  the  district, 
whether  the  bonds  of  such  district  shall  be  issued  and  sold  for  the  purpose  of  raising 
money  for  the  purchase  of  suitable  lots,  of  procuring  plans  and  specifications  and  of 
erecting  a  suitable  building,  of  furnishing  and  equipping  the  same,  and  of  fencing  and 
ornamenting  the  grounds,  for  the  accommodation  of  the  public  library,  or  for  any  or 
all  of  the  said  purposes,  or  for  any  or  all  of  the  purposes  of  this  act;  for  liquidating 
any  indebtedness  incurred  for  said  purposes,  and  for  refunding  any  outstanding  valid 
indebtedness,  evidenced  by  bonds  or  warrants  of  the  district. 

Notice  of  bond  election. 

$  29.  Such  election  must  be  called  by  posting  notices,  signed  by  the  board,  in  three 
of  the  most  public  places  in  the  district,  for  not  less  than  twenty  days  before  the  elec- 
tion; and  if  there  is  a  newspaper  published  in  the  district,  or  if  not,  a  newspaper 
published  in  the  county,  by  publishing  such  notice  therein  not  less  than  once  a  week 
for  three  successive  weeks. 

What  notice  must  contain. 

$  30.     Such  notice  must  contain: 

1.  Time  and  place  of  holding  such  election; 

2.  The  names  of  inspectors  and  judges  to  conduct  the  same; 

3.  The  hours  during  the  day  in  which  the  polls  will  be  open; 

4.  The  amount  and  denomination  of  the  bonds,  the  rate  of  interest  and  the  number  of 
years,  not  exceeding  forty,  the  whole  or  any  part  of  said  bonds  are  to  run. 

Conduct  of  election. 

§  31.  The  election  shall  be  conducted  in  accordance  with  the  provisions  of  sections 
twenty-one,  twenty-two,  twenty-three,  twenty-five,  twenty-six,  twenty-seven,  of  this 
act,  in  so  far  as  they  are  applicable  to  the  election  for  bonds. 


Act  25S0b,  88  32-3«  GENERAL   LAWS.  1456 

Voting. 

$  32.  Voting  must  be  by  ballot  (without  reference  to  the  general  election  law  in 
regard  to  form  of  ballot,  or  manner  of  voting),  except  that  the  words  to  appear  on  the 
ballot  shall  be,  "Bonds — Yes,"  and  "Bonds — No,"  and  except  further,  that  persons 
voting  at  such  bond  election  shall  put  a  cross  (X)  upon  their  ballots,  with  pencil  or 
ink,  after  the  words  "Bonds — Yes,"  or  "Bonds — No"  (as  the  case  may  be),  to  indi- 
cate whether  they  have  voted  for  or  against  the  issuance  of  the  bonds;  which  said 
ballot  shall  be  handed  by  the  elector  voting  to  the  inspector,  who  shall  then,  in  his  pres- 
ence, deposit  the  same  in  the  ballot  box,  and  the  judges  shall  enter  the  elector's  name 
on  the  poll-list. 

Canvass,  bond  election  of  library  districts.    Amount  of  bonds. 

^  33.  On  the  seventh  day  after  said  election,  at  eight  o  'clock  p.  m.,  the  returns  hav- 
ing been  made  to  the  board  of  trustees,  the  board  must  meet  and  canvass  said  returns, 
and  if  it  appears  that  two-thirds  of  the  votes  cast  at  said  election  were  cast  in  favor  of 
issuing  such  bonds,  then  the  board  shall  cause  an  entry  of  such  fact  to  be  made  upon 
its  minutes  and  shall  certify  to  the  board  of  supervisors  of  the  county,  all  the  proceed- 
ings had  in  the  premises,  and  thereupon  said  board  of  supervisors  shall  be  and  they 
are  hereby  authorized  and  directed  to  issue  the  bonds  of  said  district,  to  the  number 
and  amount  provided  in  such  proceedings,  payable  out  of  the  building  fund  of  said 
district,  naming  the  same,  and  that  the  money  shall  be  raised  by  taxation  upon  the  tax- 
able property  in  said  district,  for  the  redemption  of  said  bonds  and  the  payment  of 
the  interest  thereon;  provided,  that  the  total  amount  of  bonds  so  issued  shall  not  exceed 
five  per  cent  of  the  taxable  property  of  said  district,  as  shown  by  the  last  equalized 
assessment-book  of  the  county.  [Amendment  approved  March  13,  1911.  Stats.  1911, 
p.  343.] 

Form  of  bonds. 

$  34.  The  board  of  supervisors  by  an  order  entered  upon  its  minutes  shall  prescribe 
the  form  of  said  bonds  and  of  the  interest  coupons  attached  thereto,  and  must  fix  the 
time  when  the  whole  or  any  part  of  the  principal  of  said  bonds  shall  be  payable,  which 
shall  not  be  more  than  forty  years  from  the  date  thereof. 

Interest. 

$  35.  Said  bonds  must  not  bear  a  greater  amount  of  interest  than  six  per  cent,  said 
interest  to  be  jaayable  annually  or  semi-annually;  and  said  bonds  must  be  sold  in  the 
manner  prescribed  by  the  board  of  supervisors,  but  for  not  less  than  par,  and  the  pro- 
ceeds of  the  sale  thereof  must  be  deposited  in  the  county  treasury  to  the  credit  of  the 
building  fund  of  said  library  district,  and  be  drawn  out  for  the  purposes  aforesaid  as 
other  library  monej^s  are  drawn  out. 

Tax  levy,  for  interest  and  redemption. 

§  36.  The  board  of  supervisors,  at  the  time  of  making  the  levy  taxes  for  county 
purposes,  must  levy  a  tax  for  that  year  upon  the  taxable  property  in  such  district,  at 
the  equalized  assessed  value  thereof  for  that  year,  for  the  interest  and  redemption  of 
said  bonds,  and  such  tax  must  not  be  less  than  sufiSeient  to  pay  the  interest  of  said 
bonds  for  that  year,  and  such  portion  of  the  principal  as  is  to  become  due  during  such 
year,  and  in  any  event  must  be  high  enough  to  raise,  annually,  for  the  first  half  of  the 
term  said  bonds  have  to  run,  a  sufficient  sum  to  pay  the  interest  thereon,  and  during 
the  balance  of  the  term,  high  enough  to  pay  such  annual  interest  and  to  pay,  annually, 
a  proportion  of  the  principal  of  said  bonds  equal  to  a  sum  produced  by  taking  the 
whole  amount  of  said  bonds  outstanding  and  dividing  it  by  the  number  of  years  said 
bonds  then  have  to  run,  and  all  moneys  so  levied,  when  collected,  shall  be  paid  into  the 


i 


1457  LIBRARY.  Act  2530b,  §§  37. 3S 

county  treasury  to  the  credit  of  the  said  library  district,  and  be  used  for  the  payment 
of  principal  and  interest  on  said  bonds,  and  for  no  other  purpose.  The  principal  and 
interest  on  said  bonds  shall  be  paid  by  the  county  treasurer,  upon  the  warrant  of  the 
county  auditor,  out  of  the  fund  provided  therefor;  and  it  shall  be  the  duty  of  the  county 
auditor  to  cancel  and  file  with  the  county  treasurer  the  bonds  and  coupons  as  rapidly 
as  they  are  paid. 

Unsold  bonds,  disposition  of. 

§  37.  Whenever  any  bonds  issued  under  the  provisions  of  this  act  shall  remain  unsold 
for  the  period  of  six  months  after  having  been  offered  for  sale  in  the  manner  prescribed 
by  the  board  of  supervisors,  the  board  of  trustees  of  the  library  district  for  or  on 
account  of  which  said  bonds  were  issued,  or  of  any  library  district  composed  wholly 
or  partly  of  territory  which,  at  the  time  of  holding  the  election  authorizing  the  issuance 
of  such  bonds,  was  embraced  within  the  district  for  or  on  account  of  which  such  bonds 
were  issued,  may  petition  the  board  of  supervisors  to  cause  such  unsold  bonds  to  be 
withdrawn  from  market  and  canceled.  Upon  receiving  such  petition,  signed  by  a 
majority  of  the  members  of  said  board  of  trustees,  the  supervisors  shall  fix  a  time  for 
hearing  the  same,  which  shall  be  not  more  than  thirty  days  thereafter,  and  shall  cause 
a  notice,  stating  the  time  and  place  of  hearing,  and  the  object  of  the  petition  in  general 
terms,  to  be  published  for  ten  days  prior  to  the  day  of  hearing,  in  some  newspaper 
published  in  said  library  district,  if  there  is  one,  and  if  there  is  no  newspaper  published 
in  said  library  district,  then  in  a  newspaper  published  at  the  county  seat  of  the  county 
in  which  said  library  district  or  part  thereof  is  situated.  At  the  time  and  place  desig- 
nated in  the  notice  for  hearing  said  petition,  or  at  any  subsequent  time  to  which  said 
hearing  may  be  postponed,  the  supervisors  shall  hear  any  reasons  that  may  be  sub- 
mitted for  or  against  the  granting  of  the  petition,  and  if  they  shall  deem  it  for  the 
best  interests  of  the  library  district  named  in  the  petition  that  such  unsold  bonds  be 
canceled,  they  shall  make  and  enter  an  order  in  the  minutes  of  their  proceedings  that 
said  unsold  bonds  be  canceled,  and  thereupon  said  bonds,  and  the  vote  by  which  they 
were  authorized  to  be  issued,  shall  cease  to  be  of  any  validity  whatever. 

Dissolution  of  district. 

§  38.  The  district  may  at  any  time  be  dissolved  upon  the  vote  of  two-thirds  of  the 
qualified  electors  thereof,  upon  an  election  called  by  the  library  trustees  of  such  dis- 
trict, upon  the  question  of  dissolution.  Such  election  shall  be  called  and  conducted  in 
the  same  manner  as  other  elections  of  the  district.  Upon  such  dissolution,  the  property 
of  the  district  shall  vest  in  any  incorporated  town  or  city  that  may  at  such  time  be  in 
occupation  of  a  major  portion  of  the  territory  of  such  library  district  and  including 
within  its  town  or  city  limits  the  property  and  buildings  wherein  the  library  is  situated ; 
and  if  there  be  no  such  incorporated  town  or  city,  then  the  property  shall  be  vested  in 
the  board  of  supervisors  of  the  county  until  the  formation  of  such  a  town  or  city; 
provided,  however,  that  if,  at  the  time  of  such  election  to  dissolve  such  district,  there 
be  any  outstanding  bonded  indebtedness  of  such  district,  the  vote  to  dissolve  such  dis- 
trict shall  dissolve  the  same  for  all  purposes  excepting  only  the  levy  and  collection  of 
taxes  for  the  payment  of  such  indebtedness;  and  from  the  time  such  district  is  thus 
dissolved  until  such  bonded  indebtedness,  with  the  interest  thereon,  is  fully  paid,  satis- 
fied and  discharged,  the  legislative  authority  of  such  incorporated  town  or  city,  or  the 
board  of  supervisors,  if  there  be  no  such  incorporated  town  or  city,  is  hereby  consti- 
tuted ex  officio  the  library  board  of  such  district.  And  it  is  hereby  made  obligatory 
upon  such  board  to  levy  such  taxes  and  perform  such  other  acts  as  may  be  necessary  in 
order  to  raise  money  for  the  payment  of  such  indebtedness,  and  the  interest  thereon,  as 
herein  provided. 
Gen.  Laws — 92 


Acts  2530c.  2532  GENERAL   LAWS.  1458 

$  39.  All  acts  or  parts  of  acts  conflicting  with  the  provisions  of  this  act  are  hereby 
repealed. 

$  40.     This  act  shall  take  effect  immediately. 

DEPOSIT  OF  NEWSPAPER  FILES  IN  PUBLIC  LIBRARIES. 
ACT  2530c — An  act  to  authorize  the  deposit  of  certain  newspaper  files  kept  in  re- 
corders' offices,  in  free  public  libraries. 

History:  Approved  March  19,  1909,  Stats.  1909,  p.  436.  Amended 
May  2,  1919.     In  effect  July  22,  1919.     Stats.  1919,  p.  278. 

Deposit  of  newspapers  in  public  libraries. 

§  1.  The  county  boards  of  supervisors  of  the  several  counties  may  authorize  the 
recorders  of  their  several  counties  to  deposit  with  any  free  public  library  maintained 
at  the  county  seat,  or  with  the  California  state  library,  such  newspaper  files,  or  por- 
tions thereof,  as  may  be  in  the  custody  of  such  recorders  by  virtue  of  an  act  approved 
April  8,  1862,  and  entitled  "An  act  for  the  purchase  and  preservation  of  public  news- 
papers, printed  and  published  in  the  several  counties  of  this  state, "  or  by  virtue  of  any 
other  act.    [Amendment  of  May  2,  1919.     In  effect  July  22,  1919.     Stats.  1919,  p.  278.] 

Agreement  required. 

^  2.  Before  making  such  deposit,  the  said  board  of  supervisors  shall  obtain  from  the 
board  of  trustees  or  authorities  in  charge  of  such  free  public  library,  or  the  board  of 
trustees  of  the  California  state  library,  an  agreement  that  they  will  properly  preserve 
and  care  for  such  newspaper  files,  and  make  them  accessible  to  the  public.  [Amended 
May  2,  1919.     In  effect  July  22,  1919.     Stats.  1919,  p.  278.] 

Files  may  be  transferred  to  state  library. 

§  3.  The  county  boards  of  supervisors  of  the  several  counties  may  authorize  the 
boards  of  trustees  or  other  authorities  in  charge  of  any  free  public  library  with  which 
newspaper  files  have  been  deposited  in  accordance  with  section  one  of  this  act  to  deposit 
such  newspaper  files  with  the  California  state  library.  [New  section  added  May  2,  1919. 
In  effect  July  22,  1919.     Stats.  1919,  p.  278.] 

CHAPTER  196. 

LICENSES. 

References:     Licenses  for  particular  callings,  occupations,  businesses,  etc.,  see  Kerr's 
Cyc.  Codes,  particular  title,  and  here,  particular  title. 

CONTENTS  OF  CHAPTER. 

ACT  2532.  Foreign  Miners'  Licenses. 

2533.  Licenses  to  Certain  Aliens  Prohibited. 

2534.  Foreign  Miners'  License  Fees  Granted  to  Mining  Countxes. 

2535.  Enforcement  of  Collection. 

2536.  Legalizing  Payments  of  Salaries  of  License  Collectors. 

2537.  Licenses  on  Sheep  Raising,  Herding,  Etc. 

2538.  Itinerant  Vendor's  License. 

2539.  Bicycle  License. 

FOREIGN  MINERS'  LICENSES. 
ACT  2532 — An  act  to  provide  for  the  protection  of  foreigners,  and  to  define  their  lia- 
bilities and  privileges. 

History:  Passed  March  30,  1853,  Stats.  1853,  p.  62.  Amended  (1) 
May  13,  1854,  Stats.  1854,  p.  55;  (2)  April  30,  1855,  Stats.  1855,  p.  216; 
(3)  April  19,  1856,  Stats.  1856,  p.  141;  (4)  March  5,  1857,  Stats.  1857, 
p.  60;  (5)  April  7,  1857,  Stats.  1857,  p.  182;  f6)  April  30,  1857,  Stats. 
1857,  p.  360;  (7)  April  26,  1858,  Stats.  1858,  p.  302.  Supplemented 
March  24,  1866,  Stats.  1865-66,  p.  380. 

Code  commissioner's  note:  "Doubtless  unconstitutional;  but  see  People  v.  Naglee,  1  CaL 
232;  Lin  Sing   v.   Washburn,   20  Cal.   544." 


I 


1459  LICENSES.  Acts  2533-2538,  §  1 

LICENSES  TO  CERTAIN  ALIENS  PROHIBITED. 
ACT  2533 — An  act  to  prohibit  the  issue  of  licenses  to  aliens  not  eligible  to  become 

electors. 

History:    Approved  April  12,  1880,   Stats.  1880,  p.  39. 

See  tit.   "Aliens,"  Act  150. 

Code  commlBsioner's  note:  "Unconstitutional:  People  v.  Quong  On  Long,  6  Pac.  C.  L«.  J. 
192.     See  Political  Code,  §  3666,  as  amended  1901,  p.   635." 

FOREIGN  MINERS'  LICENSES.    FEES  GRANTED  TO  MINING  COUNTIES. 
ACT  2534 — An  act  granting  to  the  mining  counties  of  this  state  the  foreign  miners' 
license  tax  collected  in  said  counties  severally. 

History:    Approved  March  16,  1868,  Stats.  1867-68,  p.  173. 

ENFORCEMENT  OF  COLLECTION. 

ACT  2535 — An  act  enforcing  the  collection  of  license  taxes. 

History:    Approved  March  21,  1872,  Stats.  1871-72,  p.  539, 

This  act  Imposed  upon  tke  district  attorney  the  duty  of  instituting  proceeding's  against 
persons  neglecting  to  pay  ferry  or  bridge  license  taxes. 

LEGALIZING  PAYMENTS  OF  SALARIES  OF  LICENSE  COLLECTORS. 
ACT  2536 — An  act  authorizing  the  payment  of  salaries  by  boards  of  supervisors  to  per- 
sons who  have  been  employed  to  collect  county  licenses,  and  legalizing  all  payments 
heretofore  made  to  such  persons. 

History:    Approved  March  27,  1895,  Stats.  1895,  p.  267. 

Unconstitutional  as  authorizing  the  payment  of  salaries  to  persons  theretofore  em- 
ployed.— Butte  Co.  V.  Merrill,  141  Cal.  396,  74  Pac.  1036.  See,  also,  Powell  v.  Phelan, 
138  Cal.  271,  71  Pac.  335.  * 

LICENSES  ON  SHEEP  RAISING,  HERDING,  ETC. 
ACT  2537 — An  act  restricting  the  powers  of  boards  of  supervisors  in  the  matter  of 
imposing  licenses  upon  the  business  of  raising,  herding,  grazing,  and  pasturing  sheep. 
History:    Approved  February  26,  1903,  Stats.  1903,  p.  41, 

License  tax  on  sheep. 

^  1.  No  license  or  licenses  greater  than  five  cents  per  head  shall  be  imposed  by  the 
board  of  supervisors  of  any  county  on  the  business  of  raising,  herding  or  pasturing 
sneep,  and  any  and  all  licenses  imposed  by  the  board  of  supervisors  of  any  county  on 
the  business  of  raising,  herding  or  pasturing  sheep,  in  excess  of  five  cents  per  head, 
shall  be  and  are  hereby  declared  invalid;  provided,  the  provisions  of  this  act  shall  not 
apply  to  any  license  tax  the  validity  of  which  is  involved  in  any  suit  now  pending,  or  to 
any  such  license  tax  due  when  this  act  takes  effect. 

$  2.     This  act  shall  take  effect  immediately. 

1.  Superseded  in  part  by  later  act. — The  act,  so  far  as  It  Is  Inconsistent  with  the  provi- 
sions of  the  act  of  1907  (§  4041,  Pol.  Code),  giving  the  supervisors  power  to  umpire  license 
taxes  for  regulation  only,  must  give  way  to  the  later  act. — In  re  McCoy,  10  Cal.  App.  116. 

ITINERANT  VENDOR'S  LICENSE. 

ACT  2538 — An  act  imposing  a  license  tax  upon  itinerant  vendors  of  drugs,  nostrums, 

ointments,  or  appliances  sold  for  the  cure  of  disease,  injuries,  or  deformities. 

History:     Approved  March   20,   1903,   Stats.   1903,  p.   284.     Amended 
March  21,  1907,  Stats.  1907,  p.  765;  March  19,  1909,  Stats.  1909,  p.  419. 

License  required. 

§  1.  No  person  as  principal  or  agent,  shall  conduct  as  an  itinerant  vendor  the  busi- 
ness of  selling  or  in  any  manner  disposing  of  drugs,  nostrums,  ointments  or  any  appli- 
ances for  the  treatment  of  disease,  deformities  or  injuries,  within  this  state,  without 


Act  2538,  §§  2-C  GENERAL   LAWS.  1460 

previously  obtaining  a  license  therefor  as  herein  provided.      [Amendment  approved 
March  19, 1909,  Stats.  1909,  p.  419.] 

Fee.     Term  of  license.     Pharmaceutical  firms.     Ex-TJnion  soldiers. 

$  2.  A  license  fee  of  one  hundred  dollars  is  hereby  levied  upon  all  such  itinerant 
vendors  doing  business  in  this  state.  Said  tax  shall  be  paid  to  the  state  board  of  phar- 
macy, for  the  use  and  benefit  of  the  state  of  California,  and  shall  constitute  a  special 
fund  for  the  enforcement  of  this  act,  and  of  the  provisions  of  the  act  or  acts  creating 
such  board  of  pharmacy.  Upon  the  receipt  of  said  sum  from  any  persons  desix'ing  to 
conduct  such  business  within  this  state,  the  secretary  of  said  board  of  phai'macy  shall 
issue  a  license  to  such  person  to  carry  on  such  business  within  this  state  for  the  term  of 
six  months  next  ensuing;  provided  that  nothing  in  this  act  shall  be  construed  to  prevent 
the  collection  of  any  tax  or  license  that  may  be  imposed  by  any  county  or  municipal 
authority;  and  provided,  further,  that  nothing  herein  contained  shall  prevent  manu- 
facturing pharmaceutical  firms  from  placing  their  products  on  the  market  through  their 
agents  and  managers  subject  to  the  provisions  of  section  3  of  this  act.  The  said  board 
of  phai-macy  may  allow  such  license  to  be  transferred  during  the  life  thereof  on  such 
terms  as  the  board  of  pharmacy  may  deem  proper;  provided,  however,  that  nothing  in 
this  act  shall  be  held  to  repeal  or  modify  the  provisions  of  an  act  approved  March  30, 
1905,  **An  act  permitting  all  ex-Union  soldiers  and  sailors  of  the  Civil  War,  honorably 
discharged  from  military  or  marine  service  of  the  United  States,  the  right  to  vend, 
hawk  and  peddle  goods,  wares,  fruits  or  merchandise  not  prohibited  by  law,  in  any 
county,  town  or  village,  incorporated  city  or  municipality  in  the  state  of  California, 
without  paying  a  license.", [Amendment  approved  March  21,  1907,  Stats.  1907,  p.  765.] 

Itinerant  vendors  defined. 

$  3.  Itinerant  vendors  under  the  meaning  of  this  act  shall  include  all  persons  who 
carry  on  the  business  above  described  by  passing  from  house  to  house,  or  by  haranguing 
the  people  on  the  public  streets  or  in  public  places,  or'use  the  various  customary  devices 
for  attracting  crowds  and  therewith  recommending  their  wares,  and  offering  them  for 
sale. 

Statement  to  controller. 

§  4.  Said  board  of  iDharmacy  shall  on  the  first  day  of  July  of  each  year  make  a 
verified  and  itemized  statement  in  writing  to  the  controller  of  this  state,  of  all  receipts 
and  disbursements  of  money  coming  into  their  hands  by  reason  of  this  act. 

Penalty  for  violation  of  this  act. 

$  5.  Any  person  violating  any  of  the  provisions  of  this  act,  who  shall  without  such 
license,  sell  or  offer  for  sale  any  of  the  above-described  drugs,  nostrums,  ointments,  or 
appliances,  shall  be  deemed  guilty  of  a  misdemeanor,  and  for  such  breach  of  this  act 
upon  conviction  therefor,  shall  be  punished  by  a  fine  of  not  less  than  one  hundred  dollars 
nor  more  than  two  hundred  and  fifty  dollars,  or  by  imprisonment  in  the  county  jail  for 
not  less  than  fifty  days  or  more  than  one  hundred  and  twenty  days,  or  both  such  fine 
and  imprisonment.  All  fines  recovered  under  this  act  shall  be  paid  by  the  magistrate 
receiving  the  same,  to  the  state  board  of  pharmacy,  and  by  said  board  placed  in  the 
special  fund  created  by  section  2  of  this  act. 

Proof  required. 

§  6.  In  all  actions  or  prosecutions  under  this  act  it  need  not  be  alleged  in  the  com- 
plaint nor  proved  by  the  prosecution  that  the  defendant  has  not  a  license  as  required 
in  this  act,  but  the  fact  that  he  has  such  license  may  be  plead  as  a  matter  of  defense. 


1401 


LICBNSISS. 


Act  2539,  8  1 


Repeal  of  conflicting  acts. 

§  7.     All  acts  or  parts  of  acts  conflicting  with  this  act  [are]  hereby  repealed,  in  and 
so  far  as  they  conflict. 

§  8.     This  act  shall  take  effect  and  be  in  force  sixty  days  after  its  passage. 


1.  Constitutionality — Fourteenth  amend- 
ment.— The  act  of  1903  (284)  as  amended  in 
1907  (765)  and  1909  (419),  regulating-  and 
licensing  the  selling  of  drugs  by  itinerant 
vendors,  is  not  repugnant  to  the  fourteenth 
amendment  to  the  federal  constitution. — In 
re  Gilstrap,  171  Cal.  108,  115,  Ann  Cas.  1917A, 
1086,    152   Pac.   42. 

2.  Same — Vdlid  exercise  of  police  povrer. 
— The  act  constitutes  a  valid  exercise  of  the 
police  power  of  the  state. — In  re  Gilstrap, 
171  Cal.  108,  115,  Ann.  Cas.  1917A,  1086,  152 
Pac.   42. 

3.  Same — General  law. — It  is  clear  that 
the  license  tax  is  a  general  law,  enforce- 
able in  every  part  of  the  state. — In  re  Gil- 
strap, 171  Cal.  108,  116,  Ann.  Cas.  1917A, 
1086,  152  Pac.  42. 

4.  Same — Not  attempt  to  tax,  but  to 
reg:ulate. — The  act  is  not  an  attempt  to  ex- 
ercise the  power  of  taxation  for  purposes 
of  revenue,  but  is  merely  intended  to  regu- 
late the  business  of  selling  drugs  by  itiner- 
ant vendors  under  the  police  power. — In  re 
Gilstrap,  171  Cal.  108,  117,  Ann.  Cas.  1917A, 
1086,    152   Pac.    42. 

5.  "Itinerant  vendor,"  broad  enough  to 
Include  "haTTkers"  and  "peddlers." — The 
definition   of  an   itinerant   vendor   as   found 


in  section  3  of  the  act,  is  broad  enough  to 
include  hawkers  and  peddlers. — In  re  Gil- 
strap, 171  Cal.  108,  112,  Ann.  Cas.  1917A, 
1086,   152   Pac.    42. 

6.  License  tax  reasonably  necessary  for 
reg-ulation. — It  can  not  be  held  as  matter 
of  law  that  the  amount  of  the  license  fee 
prescribed  is  not  reasonably  necessary  for 
the  regulation  of  the  business. — In  re  Gil- 
strap, 171  Cal.  108,  123,  Ann.  Cas.  1917A, 
1086,    152   Pac.   42. 

7.  Act  and  pharmacy  act  supplementary. 
— The  act  of  1903  and  the  pharmacist  act 
are  supplementary  and  together  are  in- 
tended to  constitute  the  legislative  plan  for 
regulating  the  entire  business  of  selling 
drugs,  nostrums,  and  ointments. — In  re  Gil- 
strap, 177  Cal.  108,  122,  Ann.  Cas.  1917A, 
1086,   152  Pac.  42. 

S.  No  conflict. — The  third  proviso  of  the 
amendment  of  1907  has  no  application  to 
the  legislation  prescribing  the  license  tax, 
inasmuch  as  the  act  prescribes  a  state 
license  tax,  and  the  exemption  act  of  1905 
referred  to  in  the  amendment  plainly  is 
limited  to  local  licenses. — In  re  Gilstrap, 
171  Cal.  108,  120,  Ann.  Cas.  1917A,  1086, 
152  Pac.  42. 


BICYCLE  LICENSE. 
ACT  2539 — An  act  to  authorize  counties,  cities  and  counties,  and  incorporated  towns, 
and  chartered  or  incorporated  cities,  to  license  bicycles,  tricycles,  and  similar  vehicles, 
and  collect  a  fee  therefor,  for  the  purpose  of  devoting  such  fee  to  the  construction  of 
paths  along  county  roads  for  the  use  of  pedestrians,  and  the  wheeling  thereon  of  such 
vehicles. 

History:    Became  a  law  under  constitutional  provision  without  gover- 
nor's approval,  March  16,  1901,  Stats.  1901,  p.  324. 

Governing  bodies  may  tax  bicycles,  tricycles,  automobiles,  etc. 

§  1.  Counties,  cities  and  counties,  chartered  or  incorporated  cities  and  towns  in  the 
state  of  California,  are  hereby,  through  the  governing  bodies  thereof,  authorized  and 
permitted  to  license  the  use  of  bicycles,  tricycles,  automobile  carriages  and  carts,  and 
similar  wheeled  vehicles,  propelled  by  the  power  of  the  rider,  or  by  motor  under  con- 
trol of  the  rider,  owned,  rented,  and  used  within  the  several  jurisdictions  above  named; 
provided,  that  such  license  shall  be  granted  and  issued  only  on  payment  of  a  fee  not 
to  exceed  one  dollar  a  year  for  each  of  such  vehicles;  and  further  provided,  that  the 
money  so  collected  shall  be  appropriated  and  used  only  for  the  purpose  of  constructing 
and  maintaining  paths  and  walkways  for  the  use  of  pedestrians,  and  the  wheeling  of  the 
above-named  vehicles;  and  provided  also,  that  the  sum  of  the  taxes  paid  to  the  state, 
county,  town,  or  municipality,  upon  any  vehicle  the  use  of  which  is  hereby  authorized 
to  be  licensed,  shall  be  deducted  from  the  amount  of  the  license  fee  hereby  authorized, 
and  credited  upon  the  license ;  it  being  the  intention  that  any  license  fee  hereby  author- 
ized shall  be  collected  in  such  less  sum  as  is  represented  by  the  subtraction  of  the  per- 
sonal property  tax  from  the  sum  of  the  license  fee  fixed  by  such  ordinance. 


Act  2530.  §§  2-7  GENERAL   LAWS.  1402 

How  license  fee  shall  he  collected. 

$  2.  When  an  ordinance  establishing  such  license  and  fixing  such  license  fee  is 
passed,  the  fee  shall  be  collected  and  the  license  issued  in  the  manner  and  by  the  officer 
or  officers  provided  for  the  issuance  and  collection  of  other  licenses,  and  the  governing 
body  of  such  jurisdictions  named  in  section  1  of  this  act  may  devise  such  label,  tag,  or 
certificate  as  is  deemed  necessary  to  be  witness  of  the  possession  of  such  license,  and  the 
payment  of  such  fee;  provided,  that  no  license  shall  be  required  for  any  vehicle  so 
named  in  this  act  as  is  in  the  possession  of  a  merchant,  manufacturer,  or  dealer,  for 
the  purposes  of  sale  or  barter,  and  not  for  use  by  the  owner  or  his  or  her  agent,  or  by 
l)ersons  to  whom  such  vehicles  are  rented  for  use,  by  the  hour,  the  day,  the  week,  or 
other  period  of  time. 
Ordinances  to  enforce  collection  of  licenses. 

^  3.  It  shall  be  lawful  for  such  governing  bodies  to  provide  in  such  ordinance  or 
ordinances  for  the  enforcement  of  penalties  for  the  violation  thereof,  or  for  failure  or 
refusal  to  take  such  license,  or  pay  such  license  fee;  provided,  that  no  penalty  shall 
exceed  the  sum  of  the  said  license  fee,  with  the  costs  of  collection  and  prosecution 
under  the  ordinance  added  thereto;  nor  shall  any  judgment  of  imprisonment  exceed  a 
period  of  twenty-four  hours  for  violation  of  said  ordinance. 

Application  of  funds  derived  from  licenses. 

§  4.  It  shall  be  lawful  to  provide  in  any  such  ordinance  authorized  by  this  act,  for 
the  application  of  the  money  collected  to  the  construction  and  maintenance  of  such 
paths,  by  said  towns  or  cities,  or  consolidated  cities  and  counties,  without  the  limits 
of  such  town  and  municipal  jurisdictions,  but  within  the  county,  by  and  with  the  con- 
sent of  the  board  of  supervisors  of  such  county. 

Jurisdiction  under  the  provisions  of  this  act.    Visitors  and  temporary  residents  not  to 

be  taxed. 

§  5.  No  municipal  or  town  authority  in  this  act  referred  to  shall  have  authority  by 
ordinance  or  otherwise  to  license  any  such  vehicle  for  use  as  is  in  this  act  referred  to, 
except  the  same  is  owned  by  a  resident  of  such  municipal  or  town  jurisdiction,  or  is 
used  by  a  resident  of  such  jurisdiction;  nor  shall  any  county,  by  ordinance  or  other- 
wise, lay  such  license  upon  the  use  of  any  such  vehicle  named  in  this  act,  or  require  a 
license  fee  therefor,  except  the  same  is  owned  or  used  by  a  resident  of  the  county  with- 
out the  boundaries  of  town  or  municipal  jurisdictions  in  the  county;  provided,  that  if 
any  town  or  municipal  authority  authorized  under  this  act  does  not  provide  for  such 
ordinance  of  license  and  fee  as  is  permitted  by  this  act,  then,  and  in  that  case,  the 
governing  body  of  the  county  may  by  ordinance  provide  for  the  license  herein  provided 
for  and  permitted,  and  the  collection  of  the  fee  authorized  by  this  act,  so  as  to  make 
the  same  applicable  to  the  residents  of  such  town  or  municipality.  But  in  no  ease 
shall  any  license  or  fee  be  required  of  travelers  in  counties  other  than  that  of  their 
residence,  nor  from  tourists,  or  visitors,  or  temporally  residents  of  any  city,  town,  city 
and  county,  or  county. 

Expenses  incident  to  this  act  to  be  paid  from  collections. 

§  6.  All  costs  and  charges  for  licenses  herein  provided  for,  for  tags,  or  visible  evi- 
dences of  issuance  and  possession  of  license,  for  receipts  for  payment  of  the  license 
fee,  and  other  necessary  and  inseparable  expense  related  to  such  licenses,  shall  be  paid 
from  the  sum  of  such  collections  of  fees;  provided,  that  no  additional  salary  or  fee 
shall  be  paid  to  any  officer  of  any  county,  or  town,  or  city,  or  city  and  county,  for 
services  in  issuing  or  delivering  licenses  provided  for  by  this  act,  or  for  collecting  the 
fees  therefor,  authorized  and  provided  for  in  this  act. 

$  7.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 


14C3  LI£NS.  Acts  2545, 2549,  g  1 

CHAPTER  197. 

LIENS. 

References:   Agisters,  see  Kerr's  Cyc.  Civil  Code,  §  3062. 

Attachment,  see  Kerr's  Cyc.  Code  Civil  Procedure,  §§  537,  et  seq. 

Bottomry,  see  Kerr's  Cyc.  Civil  Code,  §§  3017,  et  seq. 

Chattel  mortgage,  see  Kerr's  Cyc.  Civil  Code,  §§  2955,  et  seq. 

Creation,  see  Kerr's  Cyc.  Civil  Code,  §§  2881,  et  seq. 

Definitions,  see  Kerr's  Cyc.  Code  Civil  Procedure,  §  1180;   Kerr's  Cyc.  Civil  Code, 

§§  2872,  et  seq. 
Effect,  see  Kerr's  Cyc.  Civil  Code,  §§  2888,  et  seq. 
Execution,  see  Kerr's  Cyc.  Code  Civil  Procedure,  §§  681,  et  seq. 
Extinction,  see  Kerr's  Cyc.  Civil  Code,  §§  2909,  et  seq. 
Loggers,  see  Kerr's  Cyc.  Civil  Code,  §  3065. 

Mechanics'  liens,  see  Kerr's  Cyc.  Code  Civil  Procedure,  §§  1183,  et  seq. 
Miscellaneous,  see  Kerr's  Cyc.  Civil  Code,  §§  3046,  et  seq. 
Mortgage,  in  general,  see  Kerr's  Cyc.  Civil  Code,  §§  2920,  et  seq. 
Mortgage,  realty,  see  Kerr's  Cyc.  Civil  Code,  §§  2947,  et  seq. 
Pledge,  see  tit.  "Pledge,"  and  Kerr's  Cyc.  Civil  Code,  §§  2986,  et  seq. 
Prevention   of  cruelty  to  animals,  acts  done  in,  see  Kerr's  Code  Civil  Procedure, 

§§  1208,  et  seq. 
Priority,  see  Kerr's  Cyc.  Civil  Code,  §§  2897,  et  seq. 
Redemption,  see  Kerr's  Cyc.  Civil  Code,  §§  2903,  et  seq. 
Respondentia,  see  Kerr's  Cyc.  Civil  Code,  §§  3036,  et  seq. 
Salary  and  wages,  see  Kerr's  Cyc.  Code  Civil  Procedure,  §§  1204,  et  seq.;  and  see 

tit.  "Labor  Bureau." 
Particular  liens,  see  particular  title. 

CONTENTS  OF  CHAPTER. 

ACT  2545.     Lien  on  Livestock  fob  Feeding,  E^a 
2549.     Loggers'  Lien. 

LIEN  ON  LIVESTOCK  FOR  FEEDING,  ETC. 

ACT  2545 — An  act  to  secure  a  lien  on  livestock  kept,  fed,  or  pastured  by  ranchmen  and 
stable  keepers. 

History:    Approved  April  4,  1870,  Stats.  1869-70,  p.  723. 

Not  repealed  by  codes. — Johnson  v.  Perry,  53  Cal.   351. 

TUs  act  is  partially  superseded,  at  least,  see  Kerr's  Cyc.  Civil  Code,  §  3051. 

LOGGERS'  LIEN. 

ACT  2549 — An  act  giving  a  lien  to  loggers  and  laborers  employed  in  legging  camps  upon 
the  logs  cut  and  hauled. 

History:    Approved  March  30,  1878,  Stats.  1877-78,  p.  747.   Amended 
April  12,  1880,  Stats.  1880,  p.  38;  March  8,  1887,  Stats.  1887,  p.  53. 

Labor  with  logs ;  lien  upon. 

§  1.  A  person  who  labors  at  cutting,  hauling,  rafting,  driving  logs  or  lumber,  or 
who  performs  any  labor  in  or  about  a  logging-camp  necessarj^  for  the  getting  out  or 
transportation  of  logs  or  lumber,  shall  have  a  lien  thereon  for  the  amount  due  for  his 
personal  services,  which  shall  take  precedence  of  all  other  claims,  to  continue  for  thirty 
days  after  the  logs  or  lumber  arrive  at  the  place  of  destination,  for  sale  or  manufacture, 
except  as  hereinafter  provided.  [Amendment  approved  April  12,  1880,  Stats.  1880, 
p.  38.] 


Ac-t  ::54y,  gg  s-7 


GBNGRAli  LAWS.  t4S4 


Lien  to  cease;  how  and  when. 

^  2.  The  lien  hereby  created  shall  cease  and  determine  unless  the  claimant  thereof 
shall,  within  twenty  days  from  the  time  of  such  labor  shall  have  been  completed,  file 
and  record  in  the  office  of  the  county  recorder  of  the  county  where  such  labor  was 
performed  a  verified  claim,  containing  a  statement: 

First.     Of  his  demand,  after  deducting  all  just  credits  and  offsets. 
Second.     The  time  within  which  such  labor  was  done. 
Third.     The  name  of  the  person  or  persons  for  which  the  same  was  done. 
Fourth.     The  place  where  the  logs  or  timber  upon  which  such  lien  is  claimed  are 
believed  to  be  situated,  and  the  marks  upon  the  same. 
Fifth.     The  reputed  owner  thereof;  and. 
Sixth.     The  reputed  owner  of  the  land  from  which  the  same  were  cut  and  hauled. 

Suits  to  he  commenced  in  proper  courts. 

§  3.  All  liens  hereby  provided  for  shall  cease  and  determine  unless  suit  to  forclose 
the  same  shall  be  commenced  in  the  proper  court  within  twenty-five  days  from  the  time 
the  same  are  filed.     [Amendment  approved  April  12,  1880,  Stats.  1880,  p.  39.] 

Plaintiff  to  have  lumber  attached. 

§  4.  The  plaintiff  in  any  such  suit,  at  the  time  of  issuing  the  summons,  or  at  any 
time  afterward,  may  have  the  logs  or  timber  upon  which  such  lien  subsists  attached, 
as  further  security  for  the  payment  of  any  judgment  he  may  recover,  unless  defendant 
give  him  good  and  sufficient  security  to  pay  such  judgment,  in  which  event  such  logs 
shall  be  forthwith  discharged  by  the  sheriff  from  such  attachment,  and  from  the  lien 
hereby  created. 

Clerk  to  issue  writ. 

§  5.  The  clerk  of  the  court  must  issue  the  writ  of  attachment  upon  receiving  an 
affidavit  by  or  on  behalf  of  the  plaintiff,  showing : 

First.  That  defendant  is  indebted  to  the  plaintiff  upon  a  demand  for  labor,  for  which 
his  claim  has  been  duly  filed  in  accordance  with  section  two  of  this  act. 

Second.  That  the  sum  for  which  the  attachment  is  asked  is  an  actual  bona  fide 
existing  debt,  due  and  owing  from  the  defendant  to  the  plaintiff,  and  that  the  attach- 
ment is  not  sought,  and  the  action  is  not  prosecuted,  to  hinder,  delay,  or  defraud  any 
creditor  or  creditors  of  the  defendant. 

Sheriff  to  attach  logs. 

§  6.  The  writ  must  be  directed  to  the  sheriff  of  the  county,  and  must  require  him 
to  attach  and  safel}^  keep  the  logs  and  timber  specified  in  such  lien,  or  so  much  thereof 
as  may  be  sufficient  to  satisfy  plaintiff's  demand,  unless  the  defendant  give  good  and 
sufficient  security,  as  provided  in  this  act,  in  which  case  to  take  such  security  and  dis- 
charge any  attachment  he  may  have  made,  and  to  deliver  up  such  logs  to  defendant, 
who  shall  receive  the  same  free  from  the  lien  upon  which  such  suit  is  brought. 

Sections  made  applicable. 

§  7.  Sections  five  hundred  and  thirty-nine,  eleven  hundred  and  eighty-nine,  eleven 
hundred  and  ninety-five,  eleven  hundred  and  ninety-seven,  eleven  hundred  and  ninety- 
eight,  and  eleven  hundred  and  ninety-nine  of  the  Code  of  Civil  Procedure  are  hereby 
made  applicable  to  this  act.     [Amendment  approved  March  8,  1887,  Stats.  1887,  p.  53.] 


i^U5  LIKNS.  Act  254».  S8  8-10 

Attacliment;  how  made, 

$  8.  Such  attachment  shall  be  made  by  taking  such  log's  into  possession,  and  the 
sheriff  shall  make  an  inventory  and  return  of  his  proceedings  as  directed  in  chapter 
four,  title  seven,  of  the  Code  of  Civil  Procedure. 

Where  lien  shall  extend. 

§  9.  The  lien  provided  for  by  this  act  shall  in  no  case  extend  beyond  the  limits  of 
the  county  in  which  the  logs  or  timber  in  controversy  were  cut. 

§  10.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

Superseded    except   as   to    procedure. — See  ing-   to   loggers'    liens,   as   Is   deemed   neces- 

Kerr's   Cyc.    Civil   Code,    §  3065.  sary  to  be  preserved,  is  codified  in  the  above 

Code  commissioner's  note:  Concerning  this  section."    The   act   is    inserted   here   because 

statute    the    code    commissioner    says:     "So  that    portion    relating    to    the    procedure    is 

much   of  the   statute   of   1877-78,    p.    747,    as  certainly  in  force, 
amended  in  1880,  p.  38.  and  1887,  p.  53,  relat- 

LIGHTHOUSES. 
See  Kerr's  Cyc.  Political  Code,  $  35. 

LINCOLN. 

See  Act  3094,  note 

LINDSAY 

See  Act  3094,  note 

LIQUIDS. 

See  tit.  "Adulteration.** 

LIQUOR. 

See  tit.  "Intoxicating  Liquors.'* 

LIVERMORE. 

See  Act  3094^  note. 


Act  M*H).  ii  1-3  GENERAL.   JLAWS.  ^4»i 

CHAPTER  198. 

LIVESTOCK. 
References:   See  tits.  "Animals";  "Cruelty  to  Animals." 

CONTENTS  OF  CHAPTER. 

ACT  2560.     Tampering  With  Animals. 

2565.  Importation  of  Diseased  Livestock. 

2566.  Preventing  Introduction  of  Rabies. 

2567.  Preparation  and  Distribution  of  Vaccines,  Etc. 

2568.  Preparation,  Inspection,  and  Sale  of  Hog  Cholera  Serums,  Eia 
2568a.  Prevention  of  Spread  of  Contagious  Animal  Diseases. 

2568b.  Herding  and  Grazing  of  Livestock  by  Nonresidents. 

2568c.  Extermination  of  Boophilus  Annulatus  Tick. 

2568d.  Combinations  to  Obstruct  Sale  of  Livestock. 

2568e.  Cattle  Protection  Board. 

TAMPERING  WITH  ANIMALS. 

ACT  2560 — An  act  to  prevent  tampering  with  animals,  and  to  prevent  the  giving  or 
administering  of  poison  or  drugs  to  horses,  cattle,  dogs,  animals,  and  other  live-stock, 
except  for  medicinal  purposes,  and  making  the  same  a  misdemeanor. 

History:    Approved  March  23,  1901,  Stats.  1901,  p.  553. 

Unlawful  administering  of  drugs  to  animals  on  exhibition. 

§  1.  It  shall  be  unlawful  for  any  person  or  persons,  except  for  medicinal  purposes, 
to  administer  any  poison,  drug,  medicine,  or  other  noxious  substance,  to  any  horse, 
stud,  mule,  ass,  mare,  horned  cattle,  neat  cattle,  gelding,  colt,  filly,  dog,  animals,  or 
other  live-stock,  entered  or  about  to  be  entered  in  any  race  or  upon  any  race  course 
in  the  state  of  California,  or  entered  or  about  to  be  entered  at  or  with  any  agricultural 
park,  or  association,  race-course,  or  corporation,  or  other  exhibition  for  competition  for 
prize,  reward,  purse,  premium,  stake,  sweepstakes,  or  other  reward,  or  to  expose  any 
such  poison,  drug,  medicine,  or  noxious  substance,  with  intent  that  the  same  shall  be 
taken,  inhaled,  swallowed,  or  otherwise  received  by  any  horse,  stud,  mule,  ass,  mare, 
horned  cattle,  neat  cattle,  gelding,  colt,  filly,  dog,  animal,  or  other  live-stock,  with  intent 
to  impede  or  affect  the  speed,  endurance,  sense,  health,  physical  condition,  or  other 
character  or  quality  of  such  above-mentioned  animal,  or  other  live-stock. 

Same. 

^  2.  It  shall  be  unlawful  for  any  person  or  persons  to  cause  to  be  taken  by  or  places! 
upon  or  in  the  body  of  any  horse,  stud,  mule,  ass,  mare,  horned  cattle,  neat  cattle,  geld- 
ing, colt,  filly,  dog,  animal,  or  other  live-stock,  entered  or  about  to  be  entered  in  any 
race  upon  any  race-course  in  the  state  of  California,  or  entered  or  about  to  be  entered 
at  or  with  any  agricultural  park,  association,  race-course,  or  corporation,  or  other 
exhibition  for  competition  for  prize,  reward,  purse,  premium,  stake,  sweepstakes,  or 
other  reward,  and  sponge,  wood,  or  foreign  substance  of  any  kind,  with  intent  to  impede 
or  affect  the  speed,  endurance,  sense,  health,  physical  condition,  of  such  horse,  stud, 
mule,  ass,  mare,  horned  cattle,  neat  cattle,  gelding,  colt,  filly,  dog,  animal,  or  other 
live-stock. 

Penalty. 

§  3.  Any  person  or  persons  who  shall  violate  any  of  the  provisions  of  sections  one 
or  two  of  this  act  shall  be  guilty  of  a  misdemeanor. 


1-1C7  LIVESTOCK.  Act  2565,  §  1 

Conflicting  acts  repealed. 

$  4.  All  acts  or  parts  of  acts  in  conflict  with  the  provisions  of  this  act  are  hereby 
repealed.  i 

Act  takes  effect  when. 

§  5.     This  act  shall  take  effect  immediately. 

IMPORTATION  OF  DISEASED  LIVESTOCK 

ACT  2565 — An  act  to  prevent  importation  into  the  state  of  California  of  horses,  mules, 
dairy  cattle  and  breeding  bulls  which  are  affected  with  communicable  diseases,  pro- 
viding for  the  inspection  or  certification  of  such  animals  before  being  brought  into 
the  state  of  California,  exempting  certain  animals  from  such  inspection  or  certifica- 
tion, providing  penalties  for  violating  any  of  the  provisions  of  this  act,  and  repealing 
an  act  approved  June  4,  1913,  entitled  "An  act  to  prevent  the  importation  into  the 
state  of  California  of  horses,  mules,  asses,  or  cattle  which  are  affected  with  any  infec- 
tious or  contagious  disease;  to  provide  for  the  inspection  of  such  animals  hefore  they 
are  brought  into  the  state;  to  repeal  an  act  entitled,  "An  act  to  prevent  the  importa- 
tion of  neat  cattle  for  dairy  or  breeding  purposes  affected  with  tuberculosis  into  the 
state  of  California,"  approved  March  7,  1911;  to  repeal  an  act  entitled  "An  act  to 
prevent  the  importation  of  horses,  mules  and  asses  affected  with  glanders  into  the 
state  of  California,"  approved  March  7,  1911. 

History:  Approved  April  12,  1915.  In  effect  August  8,  1915.  Stats. 
1915,  p.  59.  Prior  acts  (1)  of  March  23,  1893,  Stats.  1893,  p.  302,  to 
prevent  the  spread  of  contagious  diseases  among  domestic  animals; 
codified  in  1901;  See  Kerr's  Cyc.  Penal  Code,  §  402d;  (2)  of  March  7, 
1911,  Stats.  1911.  p.  292,  and  (3)  of  March  7,  1911,  Stats.  1911,  p.  293; 
both  of  which  were  repealed  by  the  act  (4)  of  June  4,  1913.  In  effect 
August  8,  1913,  Stats.  1913,  p.  379,  which  was  repealed  by  the  present 
act. 

Importation  of  live  stock. 

§  1.  It  shall  be  unlawful  for  any  person,  firm,  company  or  corporation,  their  agents 
and  servants,  to  bring  into  the  state  of  California  any  horses,  mules,  dairy  cattle  or 
breeding  bulls  except  as  hereinafter  otherwise  provided. 

Cattle. 

(a)  Dairy  cattle  and  breeding  bulls  over  six  months  of  age  must  be  accompanied  by 
a  certificate  of  health  and  tuberculin  test  record  signed  by  a  qualified  veterinarian 
showing  that  each  of  said  animals  is  free  from  communicable  diseases,  including  tuber, 
culosis,  and  copy  of  such  certificate  and  tuberculin  test  record  shall  be  mailed  to  the 
state  veterinarian  of  the  state  of  California  on  the  day  the  shipment  of  said  animals 
starts  from  its  origin. 

Statement  of  state  veterinarian. 

(b)  In  lieu  of  such  certificate  of  health  and  tuberculin  test  record,  as  provided  for 
in  subdivision  (a)  of  this  section,  said  dairy  cattle  and  breeding  bulls  may  be  brought 
into  the  state  of  California,  provided  said  animals  are  accompanied  by  a  signed  state- 
ment issued  by  the  state  veterinarian  or  other  authority  in  charge  of  live  stock  sanitary 
work  in  the  state  from  which  such  animals  are  transported,  stating  that  the  animals  in 
the  shipment  originated  in  herds  which  are  free  from  tuberculosis  and  are  not  affected 
with  any  communicable  disease;  and  a  copy  of  said  statement  shall  be  mailed  to  the 
state  veterinarian  of  the  state  of  California  on  the  day  the  shipment  of  said  animals 
starts  from  its  origin. 


Act  25C5.  eg  2-5  GENERAL    LAWS.  1468 

Horses  and  mules. 

(c)  Horses  and  mules  must  be  aceompanied  by  a  certificate  of  healtb  signed  by  a 
qualified  veterinarian,  stating  that  each  animal  in  the  shipment  is  free  from  communi- 
cable diseases,  and  a  copy  of  said  certificate  shall  be  mailed  to  the  state  veterinarian  of 
the  state  of  California  on  the  day  the  shipment  of  said  animals  starts  from  its  origin. 

(d)  In  lieu  of  the  certificate  provided  for  in  subdivision  (c)  of  this  section,  horses 
and  mules  may  be  brought  into  the  state  of  California,  provided  said  animals  are 
accompanied  by  a  signed  statement  issued  by  the  state  veterinarian  or  other  authority 
in  charge  of  live  stock  sanitary  work  in  the  state  from  which  said  animals  are  trans- 
ported stating  that  each  animal  in  the  shipment  is  free  from  communicable  diseases, 
and  has  not  recentlj'  been  exposed  to  any  communicable  disease,  and  a  copy  of  said 
statement  shall  be  mailed  to  the  state  veterinarian  of  the  state  of  California  on  the  day 
the  shipment  of  said  animals  starts  from  its  origin. 

Exemptions. 

^  2.  Animals  accompanying  shipments  of  emigrant  movables  shall  be  exempt  from 
the  inspection  or  certification  as  provided  for  in  this  act.  It  is  further  provided  that 
when  horses,  mules,  dairy  and  breeding  cattle  are  being  brought  into  the  state  of  Cali- 
fornia for  exhibition  or  theatrical  purposes,  said  animals  shall  likewise  be  exempt  from 
the  inspection  and  certification  as  provided  for  in  this  act;  provided,  however,  that 
when  dairy  or  breeding  bulls  which  have  been  brought  into  the  state  of  California  for 
exhibition  purposes  are  sold  to  remain  in  the  state  of  California,  said  animals  shall  be 
subjected  to  the  tuberculin  test  and  certified  to  as  free  from  tuberculosis  by  the 
state  veterinarian  of  the  state  of  California  before  said  animals  are  delivered  to  the 
purchaser. 

Quarantine  against  communicable  diseases. 

5  3.  Whenever  it  shall  have  been  determined  by  the  state  veterinarian  that  a  com- 
municable disease  exists  among  domestic  animals  in  any  other  state  or  territory'  in  the 
United  States,  or  foreign  country,  and  the  importation  of  animals  from  said  state  or 
territory',  or  foreign  country  might  spread  such  disease  among  animals  within  the  state 
of  California,  nothing  in  this  act  shall  be  so  construed  as  to  prevent  or  prohibit  the 
governor  of  the  state  of  California  from  issuing  his  proclamation  quarantining  said 
state  or  territory,  or  foreign  country  or  from  prescribing  the  regulations  under  which 
animals  might  be  imported  into  the  state  of  California  from  said  state  or  territory,  or 
foreign  country. 

Act  1913  repealed. 

^  4.  That  certain  act  of  the  legislature  of  the  state  of  California  approved  June  4, 
1913,  entitled  "An  act  to  prevent  the  importation  into  the  state  of  California  of  horses, 
mules,  asses,  or  cattle  which  are  affected  with  any  infectious  or  contagious  disease;  to 
provide  for  the  inspection  of  such  animals  before  they  are  brought  into  the  state;  to 
repeal  an  act  entitled  'An  act  to  prevent  the  importation  of  neat  cattle  for  dairy  or 
breeding  purposes  affected  with  tuberculosis  into  the  state  of  California,'  approved 
March  7,  1911;  to  repeal  an  act  entitled  'An  act  to  prevent  the  importation  of  horses, 
mules,  and  asses  affected  with  glanders  into  the  state  of  California,'  "  approved 
March  7,  1911,  is  hereby  repealed. 

Penalty. 

^  5.  Any  person,  firm,  company  or  corporation,  their  agents,  servants  and  employees, 
who  shall  violate  any  of  the  provisions  of  this  act  shall  be  deemed  guilty  of  a  misde- 
meanor, and  upon  conviction  thereof,  shall  be  punished  by  a  fine  of  not  more  than  five 


I 


1469  LIVESTOCK.  Act  2566,  §§  1-5 

hundred  dollars,  or  by  imprisonment  in  the  county  jail  for  a  term  not  exceeding  one 
hundred  and  eighty  days,  or  by  both  such  fine  and  imprisonment. 

Importation   of  diseased   animals,   validity  Transporting:      infected      cattle.  —  See      26 

of  state  laws  regulating. — See  monographic  L.   R.   A.   638. 

note,  97  Am.  St.  Rep.  242,  249.  Same. — Communicating   Texas   fever   dur- 

Q,aarantlne      of      diseased      animals. — See  ing. — See  48  Im  R.  A.  175. 
monographic  note,  47  Am.  St.  Rep.  533,  552; 
also  27  Am.  St.  Rep.  567. 

PREVENTING  INTRODUCTION  OF  RABIES. 
ACT  2566 — ^An  act  to  prevent  the  introduction  of  rabies  or  other  animal  diseases  dan- 
gerous to  human  beings,  into  portions  of  the  state  not  infected;  to  control  the  spread 
of  such  diseases  after  introduction ;  and  authorizing  the  state  board  of  health  to  make 
rules  and  regulations  therefor. 

History:    Approved  June  13,  1913.    In  effect  August  10,  1913.    Stats. 
1913,  p.  783. 

Quarantine  of  districts  infected  with  rabies.    Quarantine  defined. 

5  1.  Whenever  any  case  or  cases  of  rabies,  or  other  animal  diseases  dangerous  to 
the  health  of  human  beings  which  may  be  declared  by  the  state  board  of  health  as 
coming  under  the  provisions  of  this  act,  shall  be  reported  as  existing  in  any  county, 
city  and  county,  or  incorporated  city  or  town  in  the  state  of  California,  the  state  board 
of  health  shall  make,  or  cause  to  be  made  a  preliminary  investigation  as  to  whether  such 
disease  does  exist,  and  as  to  the  probable  area  of  the  state  in  which  the  population  or 
animals  are  thereby  endangered.  If  upon  such  examination  the  state  board  of  health 
shall  find  that  any  of  the  said  diseases  does  exist,  a  quarantine  shall  be  declared  against 
all  such  animals  as  may  be  designated  in  the  quarantine  order,  and  living  within  the 
area  specified  in  said  order.  Quarantine  shall  be  defined  for  the  purposes  of  this  act 
as  meaning  the  strict  confinement,  upon  the  private  premises  of  the  owners  under 
restraint  by  leash  or  closed  cage  or  paddock,  of  all  animals  specified  by  the  order. 

Board  of  health  to  investigate  extent  of  disease. 

§  2.  Following  the  order  of  quarantine  the  state  board  of  health  shall  make  oi  cause 
to  be  made  a  thorough  investigation  as  to  the  extent  of  the  disease,  the  probable  number 
of  persons  and  animals  exposed,  and  the  area  found  to  be  involved;  and  may  substitute 
for  the  quarantine  order  such  regulations  as  may  be  deemed  adequate  for  the  control 
of  the  disease  in  each  area. 

Enforcement  of  act. 

§  3.  It  shall  be  the  duty  of  all  peace  officers  and  boards  of  health  to  carry  out  the 
provisions  of  this  act.  During  the  period  for  which  any  quarantine  order  is  in  force  all 
officers  are  empowered  to  kill  or  in  their  discretion  to  capture  and  hold  for  further 
action  by  the  state  board  of  health  or  its  representatives,  all  animals  in  a  quarantine 
area,  found  on  public  highways,  lands  and  streets,  or  not  held  in  restraint  on  private 
premises  as  specified  in  this  act. 

Officers  may  enter  private  premises. 

§  4.  All  proper  officials  within  the  meaning  of  this  act  are  hereby  authorized  to 
examine  and  enter  upon  all  private  premises  for  the  enforcement  of  this  act. 

Owners  violating  subject  to  arrest. 

5  5.  Any  owner,  or  other  person  in  the  possession  of  any  animal  then  being  held  or 
maintained  in  violation  of  the  provisions  of  this  act,  shall  be  subject  to  arrest  on  the 
charge  of  committing  a  misdemeanor. 


k 


Aft  2560,  §§  C,  7  GENERAL   LAWS.  1470 

Rabies  treatment  fund  created. 

$  6.  For  the  pui-pose  of  providing  funds  to  pay  the  expenses  incurred  in  connection 
with  the  eradication  of  diseases  included  under  this  act,  a  special  fund,  to  be  known 
as  the  rabies  treatment  and  eradication  fund,  is  hereby  created  for  each  county,  city 
and  county,  or  incorporated  city  or  town  in  the  state  of  California.  All  moneys  col- 
lected in  accordance  with  the  following  procedure  shall  be  deposited  to  the  credit  of  this 
fund  with  the  treasurer  of  the  county,  city  and  county,  or  incorporated  city  or  town; 
provided,  that  funds  now  collected  from  any  dog  tax  may  continue  to  be  collected  and 
used  for  other  purjioses  specified  b}'  local  ordinances. 

Special  dog  tax. 

(a)  Upon  the  determination  by  the  state  board  of  health  that  rabies  does  exist  in 
any  county,  city  and  county,  or  incori^orated  city  or  town,  a  special  dog  license  tax 
shall  immediately  become  effective,  unless  a  dog  tax  is  already  in  force  the  funds  from 
which  are  available  for  the  payment  of  expenditures  in  accqrdance  with  the  provisions 
of  this  act.  This  tax  shall  be  levied  as  follows:  An  annual  tax  of  one  dollar  and  fifty 
cents  for  each  male,  two  dollars  and  fifty  cents  for  each  female,  and  one  dollar  and 
fifty  cents  for  each  neuter  dog,  the  same  to  be  collected  by  the  proper  authority  at  the 
same  time  and  in  the  same  manner  as  other  taxes  are  collected;  provided,  however,  that 
there  shall  be  collected  at  the  first  collection  such  proportion  of  the  annual  tax  as  cor- 
responds to  the  number  of  months  the  tax  has  been  in  operation  plus  one  year  advance 
payment.  After  this  dog  license  tax  has  been  established  in  a  county,  city  and  county,  or 
incorporated  city  or  town,  it  shall  be  continued  in  force  until  an  order  has  been  issued 
by  the  state  board  of  health  declaring  that  county,  or  such  portion  of  that  county  as 
may  be  deemed  advisable,  to  be  free  from  rabies  or  further  danger  of  its  spread. 

One  half  of  fines  to  credit  of  fund. 

(b)  One-half  of  all  fines  collected  by  any  court  or  judge  for  violations  of  the  provi- 
sions of  this  act  shall  be  placed  to  the  credit  of  the  rabies  treatment  and  eradication 
fund  of  the  county,  city  and  county,  incorporated  city  or  town  in  which  the  violation 
occurred. 

Special  measures  of  control.    Expenditures. 

§  7.  ^Vhenever  it  becomes  necessarj'  in  the  judgment  of  the  state  board  of  health  or 
its  secretary,  to  enforce  the  provisions  of  this  act  in  any  county,  city  and  county,  or 
incorporated  city  or  town,  the  said  board  or  its  secretary  may  institute  special* measures 
of  control  to  supplement  the  efforts  of  the  local  authorities  in  any  county,  city  and 
county,  or  incorporated  city  or  town  whose  duties  are  specified  in  this  act.  All  expen- 
ditures incurred  in  enforcing  such  special  measures  shall  be  proper  charges  against  the 
special  fund  created  by  the  provisions  of  this  act,  and  shall  be  paid  as  they  accrue  by 
the  proper  authorities  of  each  county,  city  and  county,  or  incorporated  city  or  town  in 
which  they  have  been  incurred;  provided,  that  all  such  expenditures  which  may  be 
incurred  after  the  issuance  of  the  order  establishing  the  said  fund  and  before  the  first 
collection  of  the  tax,  shall  be  paid  as  they  accrue  from  the  general  fund  of  the  county, 
city  and  county,  or  incorporated  city  and  town;  and  provided,  further,  that  all  expendi- 
tures in  excess  of  the  balance  of  money  in  this  fund  shall  likewise  be  paid  as  they 
accrue  from  said  general  fund.  All  moneys  thus  expended  from  the  general  fund  shall 
be  repaid  from  the  said  special  fund  when  the  collections  from  said  tax  have  provided 
the  money. 


1471  LIVESTOCIC  Act  25«7,  §g  1-7 

PREPARATION  AND  DISTRIBUTION  OF  VACCINES,  ETC. 
ACT  2567 — An  act  to  provide  for  the  preparation  and  distribution  of  serums  or  vaccines 
for  the  prevention  of  the  disease  known  as  cholera  in  hogs  in  the  state  of  California, 
making  an  appropriation  therefor  and  prescribing  the  duties  of  the  controller  and 
treasurer  in  relation  thereto. 

History:    Approved  April  21,  1911,  Stats.  1911,  p.  1064. 

University  to  prepare  hog  cholera  serums. 

$  1.  The  regents  of  the  University  of  California  are  hereby  directed  to  cause  to  be 
prosecuted  with  all  possible  diligence,  through  the  agricultural  experiment  station,  the 
preparation  of  serums  or  vaccines  that  will  produce  immunity  in  hogs  against  the  dis- 
ease known  as  cholera. 

Serums  to  be  furnished  free. 

$  2.  The  regents  of  the  University  of  California  are  hereby  further  authorized  and 
directed  to  furnish  such  serums  or  vaccines,  in  quantities  not  exceeding  five  hundred 
cubic  centimeters,  as  soon  as  possible  after  this  act  takes  effect  free  of  charge  to  any 
bona  fide  resident  of  the  state  of  California  who  is  engaged  in  the  raising  of  hogs,  upon 
application  by  such  resident  hog  raiser. 

In  excess  of  five  hundred  cubic  centimeters  at  cost. 

^  3.  The  regents  of  the  University  of  California  are  also  hereby  further  authorized 
and  directed  to  furnish  to  any  bona  fide  resident  of  this  state,  who  is  engaged  in  the 
raising  of  hogs,  such  serums  or  vaccines  in  quantities  in  excess  of  five  hundred  cubic 
centimeters,  upon  the  applicant  paying  therefor  the  a-etual  cost  of  the  production  of 
such  serums  or  vaccines. 

To  owners  only  whose  hogs  are  sick  or  in  danger. 

§  4.  It  is  herewith  provided  that  no  serums  or  vaccines  shall  be  furnished  free  of 
charge  to  any  one  unless  the  applicant  shall  have  first  furnished  sufficient  evidence 
that  the  disease  known  as  cholera  exists  among  his  hogs  or  among  the  hogs  in  his  imme- 
diate neighborhood,  and  in  such  latter  case  evidence  shall  be  furnished  by  said  applicant 
that  there  is  danger  of  the  disease  being  communicated  to  the  applicant 's  hogs. 

Selling,  etc.,  a  misdemeanor. 

§  5.  Any  person  who  shall  sell,  give  away  or  misuse  any  of  the  serums  so  furnished 
shall,  upon  conviction  thereof,  be  deemed  guilty  of  a  misdemeanor,  and  be  punished  as 
in  such  cases  provided  by  law. 

Assistance,  etc. 

§  6.  The  director  of  the  agricultural  experiment  station  shall  obtain  and  establish 
such  assistance,  equipment,  materials,  appliances,  apparatus  and  other  necessary  inci- 
dentals as  may  be  necessary  to  the  successful  prosecution  of  this  work  within  the 
appropriation  herein  specified. 

Appropriation. 

$  7.  The  sum  of  sixteen  thousand  ($16,000)  dollars  is  hereby  appropriated  out  of 
any  money  in  the  state  treasury  not  otherwise  appropriated,  six  thousand  ($6,000) 
dollars  of  which  shall  be  available  for  the  balance  of  the  sixty-second  fiscal  year  and 
ten  thousand  ($10,000)  dollars  of  which  shall  be  available  during  the  sixty-third  and 
sixty-fourth  fiscal  years  for  the  use  of  said  experiment  station  to  be  expended  by  the 
regents  of  the  University  of  California  in  carrying  out  the  purposes  of  this  act,  and  the 
stale  controller  is  hereby  authorized  and  directed  to  draw  his  warrant  for  the  same, 
and  the  state  treasurer  is  hereby  directed  to  pay  such  warrant. 


Act  3568,  §§  1-5  GEIVERAI.   LAWS.  1472 

Disposition  of  funds. 

§  8.  All  money  appropriated  under  this  act,  and  all  money  received  for  the  sale  of 
said  serums  or  vaccines  as  provided  for  in  section  3  of  this  act,  shall  be  paid  to  the 
regents  of  the  University  of  California,  and  shall  be  expended  under  the  direction  of 
the  director  of  the  agricultural  experiment  station  of  said  university  for  the  specific 
purposes  herein  named. 

PREPARATION,  INSPECTION  AND  SALE  OF  HOG  CHOLERA  SERUMS,  ETC. 

ACT  2568 — An  act  prohibiting  the  preparation,  sale,  barter,  shipment  or  exchange  of 
any  worthless,  contaminated,  dangerous  or  harmful  hog  cholera  serum  or  virus; 
requiring  every  establishment  for  the  preparation  of  hog  cholera  serum,  virus,  vac- 
cine or  antitoxin  to  be  inspected  and  licensed  by  the  director  of  the  agricultural 
experiment  station  of  the  University  of  California;  and  providing  penalties  for  viola- 
tion of  any  of  the  provisions  hereof. 

History:    Approved  June  1,  1915.     In  effect  August  8,  1915.     Stats, 
1915,  p.  1064. 

Unlawful  to  sell  dangerous  hog  cholera  serum. 

§  1.  It  shall  be  unlawful  for  any  person,  firm  or  corporation  to  prepare,  sell,  barter, 
ship  or  exchange  in  this  state  any  worthless,  contaminated,  dangerous  or  harmful  hog 
cholera  serum,  virus,  vaccine  or  antitoxin. 

Must  be  prepared  under  direction  of  University  of  California. 

§  2.  It  shall  be  unlawful  for  any  person,  firm  or  corporation  to  prepare,  sell,  barter, 
ship  or  exchange  in  this  state  any  hog  cholera  serum,  virus,  vaccine  or  antitoxin  unless 
and  until  the  said  serum,  virus,  vaccine  or  antitoxin  shall  have  been  prepared  under 
and  in  compliance  with  the  regulations  prescribed  by  the  director  of  the  agricultural 
experiment  station  of  the  University  of  California,  hereinafter  referred  to  as  director, 
at  an  establishment  holding,  and  operating  under,  an  unsuspended  and  unrevoked 
license  issued  by  the  director  as  herein  authorized. 

Director  authorized  to  inspect  serum. 

^  3.  The  director  is  hereby  authorized  to  examine  and  inspect  all  hog  cholera  serum, 
virus,  vaccine  or  antitoxin  prepared,  sold,  bartered,  shipped  or  exchanged  in  this  state 
and  to  make  and  promulgate  from  time  to  time  such  rules  and  regulations  as  may  be 
necessary  to  prevent  the  preparation,  sale,  barter,  shipment  or  exchange  of  any  worth- 
less, contaminated,  dangerous  or  harmful  hog  cholera  serum,  virus,  vaccine  or  antitoxin 
and  to  issue,  suspend  and  revoke  licenses  for  the  maintenance  of  establishments  for  the 
preparation  of  hog  cholera  serum,  virus,  vaccine  or  antitoxin. 

Licenses  for  establishments  preparing  serum. 

$  4.  The  licenses  issued  under  the  authority  of  this  act  to  establishments  where  hog 
cholera  serums,  viruses,  vaccines  or  antitoxins  are  prepared  for  sale,  barter,  shipment 
or  exchange  shall  be  issued  on  condition  that  the  licensee  shall  permit  the  inspection  of 
such  establishment  and  of  such  products  and  their  preparation;  and  the  director  may 
suspend  or  revoke  any  permit  or  license  issued  under  the  authority  of  this  act  after 
opportunity  for  hearing  has  been  granted  the  licensee,  when  the  director  is  satisfied 
that  such  license  is  being  used  to  facilitate  or  effect  the  preparation,  sale,  barter,  ship- 
ment or  exchange  of  worthless,  contaminated,  dangerous  or  harmful  hog  cholera  s^rum, 
virus,  vaccine  or  antitoxin. 

Director  may  freely  enter  estahlishments. 

-  $  5.  The  director  and  each  of  his  agents  duly  authorized  for  the  purpose  may  at  any 
time  enter  and  inspect  any  establishment  where  any  hog  cholera  serum,  virus,  vaccine  or 
antitoxin  is  prepared. 


1473  LIVESTOCIt  Act  2568a,  §§  1-5 

Constmction  of  act. 

$  6.  Neither  this  act  nor  any  provision  thereof,  except  when  specifically  so  stated, 
shall  apply  or  be  construed  to  apply  to  commerce  with  foreign  nations  or  commerce 
among  the  several  states  of  this  union,  except  in  so  far  as  the  same  may  be  permitted 
under  the  provisions,  of  the  constitution  of  the  United  States  and  the  acts  of  congress. 

Violation.    Penalty. 

$  7.  Any  person,  firm  or  corporation  who  shall  violate  any  provision  of  this  act 
shall  be  deemed  guilty  of  a  misdemeanor  and  shall  be  punished  by  a  fine  of  not  exceed- 
ing one  thousand  dollars  or  by  imprisonment  in  the  county  jail  not  exceeding  one  year, 
or  by  both  such  fine  and  imprisonment. 

License  tax. 

§  8.  For  the  purpose  of  carrying  into  effect  this  act  the  regents  of  the  University  of 
California  are  hereby  authorized  to  collect  and  there  shall  be  paid  to  the  regents  of  the 
University  of  California  by  every  manufacturer,  importer,  agent  or  dealer  in  hog 
cholera  serum,  virus,  vaccine  or  antitoxin,  a  license  tax  of  one  mill  for  every  cubic 
centimeter  of  serum,  virus,  vaccine  or  antitoxin  sold  or  distributed,  and  each  manufac- 
turer or  importer  of  any  hog  cholera  serum,  virus,  vaccine  or  antitoxin  shall  file  with 
the  secretary  of  the  board  of  regents  of  the  university  of  the  state  of  California,  quar- 
terly, a  sworn  statement  showing  all  sales  of  hog  cholera  serum,  virus,  vaccine  or  anti- 
toxin for  the  preceding  quarter,  accompanied  by  a  corresponding  amount  of  the  license 
tax  above  specified;  provided,  however,  that  nothing  herein  shall  prevent  the  sale  or 
distribution  of  hog  cholera  serum,  virus,  vaccine  or  antitoxin  produced  in  a  laboratory 
holding  a  license  issued  by  the  United  States  department  of  agriculture  to  manufactur« 
or  import  hog  cholera  serum,  virus,  vaccine  or  antitoxin. 

PREVENTION  OF  SPREAD  OF  CONTAGIOUS  ANIMAL  DISEASES. 
ACT  2568a — An  act  to  prevent  the  spread  of  contagious  diseases  among  animals. 
History:    Approved  March  20,  1905,  Stats.  1905,  p.  317. 

Cremation  or  burial  of  animals  dying  from  certain  diseases. 

§  1.     Any  person  having  the  care,  custody  or  control  of  any  animal  that  dies  from 
tuberculosis,  glanders,  farcy,  Texas  fever,  or  other  infectious  disease  shall  immediately 
upon  the  death  of  such  animal  cremate  or  bury  the  same,  or  cause  the  same  to  be  cre- 
mated or  buried. 
Transportation  of  animals  having  certain  diseases  a  misdemeanor. 

§  2.  Any  common  carrier  of  persons  or  freight  that  shall  transport  any  animal  suffer- 
ing with  or  that  has  died  from  the  diseases,  or  any  of  them,  mentioned  in  section  1  of 
this  act  a  greater  distance  than  is  necessary  to  transport  such  animal  to  the  nearest 
crematory,  shall  be  deemed  guilty  of  a  misdemeanor. 

Animals  dying  from  certain  diseases  not  to  be  sold  for  food. 

§  3,  No  animal  that  has  died  of  any  of  the  diseases  named  in  section  1  of  this  a«jt, 
shall  be  sold,  used  or  permitted  to  be  used  for  the  food  of  human  beings  or  sold,  useu 
or  permitted  to  be  used  for  the  food  of  any  domestic  animal  or  fowl. 

Penalty  for  violation  of  statute. 

§  4.  Any  person,  firm  or  corporation  that  shall  violate  any  of  the  provisions  of  'ihhi 
act  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  a  conviction  thereof  shall  hu 
punished  by  a  fine  of  not  less  than  $50  and  not  more  than  $500,  or  by  imprisonment  ht 
the  county  jail  for  a  term  not  exceeding  180  days,  or  by  both  such  fine  and  imprison- 
ment. 

^  5.     This  act  shall  take  effect  immediately. 

Compare  Kerr's  Cyc.  Penal  Code,  J§  402,  402b,   402d,  402e. 
Gen.  Laws — 93 


Act  256Sb.  e§  1-5  GKNE:RAL   LAWS.  1474 

HERDING  AND  GRAZING  OF  LIVESTOCK  BY  NONRESIDENTS. 
ACT  2568b — An  act  to  regulate  the  herding  and  grazing  of  the  live  stock  of  nonresi- 
dents and  foreign  corporations  upon  unenclosed  land  in  the  state  of  CaUfomia  and 
providing  a  penalty  for  any  violation  of  any  of  the  provisions  of  this  act. 

History:    Approved  May  18,   1919.     In  effect  July  22,   1919.     Stats. 
1919,  p.  753. 

Nonresidents  must  have  license  for  herding  and  grazing  of  livestock.    Exemptiona. 

^  1.  It  shall  be  unlawful  for  an}'  person  or  for  any  corporation  who  or  which  does 
not  have  his  or  its  principal  home  ranch  and  live  stock  headquarters  in  the  state  of 
California,  except  as  herein  provided,  to  herd  or  graze,  or  to  cause  to  be  herded  or 
grazed,  upon  any  unenclosed  lands  in  the  state  of  California  any  sheep  or  bovine  cattle 
without  having  first  obtained  from  the  tax  collector  of  the  county  in  which  such  herd- 
ing or  grazing  or  some  portion  thereof  is  done,  a  valid  license  authorizing  such  herding 
and  grazing  in  the  state  of  California.  Such  license  shall  be  issued  by  said  tax  collec- 
tor to  and  in  the  name  of  such  person  or  corporation  upon  compliance  by  him  or  it 
with  the  provisions  of  section  two  of  this  act,  and  shall  be  valid  only  for  the  calendar 
year  in  which  it  is  dated;  provided,  that  any  person  or  any  corporation  which  does  not 
have  its  principal  home  ranch  and  live  stock  headquarters  in  the  state  of  California, 
owning  or  leasing  land  in  the  state  of  California,  shall  be  exempt  from  any  license  or 
the  payment  of  any  license  for  five  head  of  sheep  for  each  acre  so  owned  or  leased,  and 
three  head  of  bovine  cattle  for  each  acre  so  owned  or  leased. 

Affidavit  of  applicant  for  license. 

^  2.  As  conditions  precedent  to  the  issuance  of  said  license,  the  applicant  therefor 
shall : 

1.  File  with  said  tax  collector  an  affidavit  which  shall  explicitly  and  truly  state  the 
following  facts: 

(a)  If  the  applicant  is  a  nonresident  person,  his  name  and  place  of  residence;  or,  if 
the  applicant  is  a  corporation,  its  name,  the  state  under  whose  laws  it  is  incorporated, 
the  date  of  its  incorporation,  its  principal  place  of  business,  and  the  names  and 
addresses  of  its  officers; 

(b)  The  location  of  his  or  its  principal  home  ranch  and  live  stock  headquarters; 

(c)  The  number  of  acres  of  land  owned  or  leased  in  the  state  of  California,  together 
with  a  description  thereof. 

2.  Pay  to  the  said  tax  collector  the  sum  of  fifty  cents  a  head  for  each  of  the  sheep, 
and  the  sum  of  two  dollars  a  head  for  each  of  the  bovine  cattle  proposed  to  be  herded 
or  grazed  in  the  state  of  California,  after  deducting  the  number  of  sheep  and  cattle 
as  exempted  from  the  payment  of  said  tax. 

$  3.  No  such  person  or  corporation  shall  herd,  graze,  or  cause  to  be  herded  or  grazed 
upon  any  unenclosed  land  in  any  county  in  California  any  greater  number  of  live  stock 
than  that  for  which  he  or  it  has  previously  obtained  such  license,  and  which  is  exempted 
under  the  provisions  of  this  act. 

Disposal  of  license  fees. 

^  4t.  The  tax  collector  collecting  such  license  moneys  shall  be  allowed  to  retain  for 
his  own  compensation  and  in  addition  to  his  salary  or  other  fees  now  provided  bv  law 
six  per  centum  of  the  said  license  moneys  by  him  collected,  and  shall  quarterly  pay  the 
remainder  of  such  moneys  into  the  general  county  road  fund. 

Penalty. 

^  5.  Any  person  or  corporation  violating  any  of  the  provisions  of  this  act  shall  bp 
deemed  guilty  of  a  misdemeanor,  and  shall  be  punishable  by  a  fine  not  exceeding  five 


':,i 


1475  LIVESTOCK.  Act  256Sc,  §§  1-3 

hundred  dollars,  and  shall  be  prohibited  from  herding,  grazing,  or  causing  to  be  herded 
or  grazed  any  live  stock  in  the  state  of  California  until  such  fine  is  paid. 

When  act  shall  become  void. 

$  6,  If  any  law  passed  at  the  present  session  of  the  legislature  in  any  of  the  states 
bordering  on  California,  similar  to  this  bill  affecting  the  citizens  and  corporations  of 
the  state  of  California,  shall  be  declared  unconstitutional  and  invalid  by  a  court  of 
last  resort  in  an3'  of  said  states,  then  this  act  shall  immediately  become  inoperative 
and  void. 

The  act  of  1863    (Stats.    1863,    p.    359)    ap-  64  extended  the  provisions  of  the  act  to  Los 

plied    to    the    counties    of    Santa    Clara,    San  Angeles    county.      The    act    of    1866    (Stats. 

Diego,    San    Bernardino,    San    Luis    Obispo,  1865-66,    p.    322)    applied    to    the   counties    of 

Contra    Costa,    San    Mateo,    Alameda,    Santa  Fresno,   Tulare,   Monterey   and  Mariposa. 
Barbara  and  Marin.  The  amendment  of  1863- 

EXTERMINATION  OF  BOOPHILUS  ANNULATUS  TICK. 

ACT  2568c — An  act  providing  for  the  extermination  of  the  Boophilus  annulatus  tick, 

defining  certain  crimes  and  providing  for  certain  civil  and  criminal  actions. 

History:     Approved  March  21,  1907,   Stats.   1907,  p.  763.     Amended 
February  23,  1909,  Stats.  1909,  p.  55. 

Sale  of  infected  cattle  prohibited.    Punishment.    Exception. 

$  1.     Any  person  who  shall  willfully  or  intentionally  sell,  offer  for  sale,  or  expose  n 

such  manner  as  may  infest  other  cattle  or  other  live  stock  not  so  infested,  any  catth 

having  thereon  or  being  infested  with  boophilus  annulatus  tick,  shall  be  guilty  of  { 

misdemeanor;  provided,  however,  that  the  moving  or  handling  of  tick  infested  cattle 

■when  same  are  to  be  immediately  slaughtered,  and  where  said  cattle  are  loaded  oi 

railroad  cars  at  point  of  origin  of  said  cattle,  shall  not  be  deemed  to  be  a  willful  oi 

intentional  exposing  of  such  cattle  as  referred  to  in  this  section.     [Amendment  of  Feb 

ruary  23,  1909.    Stats,  and  Amdts.  1909,  p.  55.    In  effect  immediately.] 

When  must  be  dipped  or  treated. 

§  11/2-  Whenever  cattle  infested  with  or  exposed  to  the  infestation  of  the  boophilus 
annulatus  tick  are  to  be  moved  for  the  purpose  of  immediate  slaughter,  and  where  nc 
provisions  are  made  for  the  loading  of  such  cattle  directly  into  railroad  ears  at  their 
point  of  origin,  such  cattle  shall  only  be  moved  or  allowed  to  move  after  said  cattle 
have  first  been  dipped  or  otherwise  treated  in  a  manner  as  directed  by  the  state  veteri- 
narian or  his  duly  authorized  deputy.  [Added  February  23,  1909.  Stats,  and  Amdts. 
1909,  p.  55.    In  effect  immediately.] 

Duty  of  state  veterinarian. 

§  2.  Whenever  upon  examination  of  any  cattle  located  in  any  county  of  the  state 
of  California  the  state  veterinarian  or  his  duly  authorized  deputy  shall  find  such  cattle 
or  any  portion  of  them  to  be  infested  with  the  boophilus  annulatus  tick  he  shall  forth- 
with notify  in  writing  the  owner  or  person  in  control  of  such  cattle  to  dip  or  otherwise 
treat  all  said  cattle  in  a  manner  as  directed  by  said  state  veterinarian  or  his  duly 
authorized  deputy  for  the  purpose  of  eradicating  such  tick.  Such  owner  or  person  in 
control  of  such  cattle  shall,  within  a  period  of  fifteen  days  after  receiving  such  notice, 
dip  or  otherwise  treat  such  cattle  in  a  manner  as  directed  by  the  state  veterinarian  or 
his  duly  authorized  deputy  for  the  purpose  of  so  eradicating  such  tick.  [Amendment 
of  February  23,  1909.     Stats,  and  Amdts.  1909,  p.  55.    In  effect  immediately.] 

District  attorney  to  be  informed. 

$  3.  If  upon  examining  said  cattle  after  the  expiration  of  said  period  of  fifteen  days 
the  said  state  veterinarian  or  his  duly  authorized  deputy  shall  find  that  said  cattle  have 
not  been  so  dipped  or  otherwise  treated  in  a  manner  as  directed  by  said  state  veteri- 


Act  250SC,  §§  4-11  GENERAL   TAWS.  1476 

narian  or  liis  duly  authorized  deputy,  such  officer  shall  immediately  notify  the  district 
attorney  of  the  county  in  which  such  cattle  may  be  located.  [Amendment  of  Febru- 
ary 23,  1909.    Stats,  and  Amdts.  1909,  p.  55.    In  effect  immediately.] 

State  veterinarian  to  take  possession  of  cattle,  when. 

^  4.  If  upon  such  second  oxamination  the  state  veterinarian  or  his  duly  authorized 
deputy  shall  find  that  said  cattle  have  not  been  dipped  or  otherwise  treated  in  a  manner 
as  directed  by  said  state  veterinarian  or  his  duly  authorized  deputy  for  the  purpose  of 
eradicating  and  destroying  said  tick,  said  officer  shall  immediately  take  possession  of 
said  cattle  and  proceed  to  eradicate  and  destroy  said  tick  by  dipping  or  causing  to  be 
dipped  or  by  otherwise  treating  said  cattle.  [Amendment  of  February  23,  1909.  Stats. 
and  Amdts.  1909,  p.  55.    In  effect  immediately.] 

Expenses  of  dipping. 

'5  5.  All  the  expenses  and  costs  of  so  dipping  and  treating  said  cattle  shall  become 
and  remain  a  lien  on  said  cattle  until  such  lien  is  paid  or  foreclosed  as  provided  by 
law. 

Action  to  foreclose  lien  for  expenses. 

^  6.  If  such  lien  is  not  paid  within  fifteen  days  after  the  said  expenses  and  costs 
are  incurred,  then  the  state  veterinarian  shall,  in  the  name  of  the  people  of  the  state  of 
California,  commence  an  action  to  foreclose  said  lien.  Such  action  shall  be  commenced, 
tried  and  determined  in  all  respects  as  provided  in  the  Code  of  Civil  Procedure  for  the 
foreclosure  of  mortgages  on  personal  property. 

Senreral  treatments  may  be  ordered. 

§  7.  If  however,  upon  examination  at  the  end  of  fifteen  days  from  the  date  on 
which  the  owner  or  person  in  control  and  possession  of  said  cattle  is  given  the  notice 
required  by  section  two  of  this  act,  the  state  veterinarian  or  his  duly  authorized  deputy 
shall  find  that  said  cattle  have  been  dipped  or  otherwise  treated  for  the  extermination 
of  such  ticks  but  are  still  infested  with  the  same  then  he  shall  instruct  the  owner  or 
person  in  possession  of  said  cattle  to  dip  or  otherwise  treat  said  cattle  one  or  more 
tirae[s]  as  the  circumstances  may  demand,  and  within  such  time  as  the  state  veteri- 
narian or  his  duly  authorized  deputy  shall  deem  advisable. 

State  veterinarian  may  repeatedly  take  possession. 

^  8.  If  upon  examination  at  any  time  the  said  state  veterinarian  or  his  duly  author- 
ized deputy  again  finds  that  said  cattle  are  again  infested  with  said  ticks  or  that  the 
owner  or  person  in  control  of  said  cattle  has  not  continued  to  properly  dip  or  otherwise 
treat  said  cattle  for  the  purpose  of  destroying  said  ticks,  then  said  state  veterinarian 
or  his  duly  authorized  deputy  shall  take  possession  of  said  cattle  one  or  more  times 
as  in  this  statute  provided. 

Owners  jointly  liable. 

^  9.  In  any  action  or  proceeding,  civil  or  criminal,  arising  under  this  act,  any  and  al! 
persons  having  an  interest  in  the  cattle  or  in  control  or  possession  of  the  same,  and 
concerning  which  cattle  such  action  or  proceeding  is  had,  shall  be  liable  severally  and 
jointly  for  each  violation  of  the  provisions  of  this  act. 

When  cattle  exempt  from  dipping. 

^  10.  "Whenever  the  state  veterinarian  or  his  duly  authorized  deputy  is  satisfied  that 
any  cattle  are  in  process  of  fattening,  and  that  such  cattle  will  be  ready  for  slaughter 
within  a  period  of  one  hundred  and  twenty  days,  he  shall  exempt  such  cattle  from  dip- 
ping, as  provided  in  this  act. 

$  11.    All  acts  or  parts  of  acts  in  conflict  with  this  act  are  hereby  repealed. 


1477  LIVESTOCK.  Act  256Sd,  §§  1-5 

COMBINATIONS  TO  OBSTRUCT  SALE  OF  LIVE-STOCK. 
ACT  2568d — An  act  to  prevent  combinations  to  obstruct  tbe  sale  of  live-stock  in  th« 
state  of  California. 

History:    Approved  February  27,  1893,  Stats.  1893,  p.  30. 

Combinations  to  prevent  bu3ring  live-stock  prohibited. 

§  1.  It  shall  be  unlawful  for  any  two  or  more  persons,  or  corporations,  to  combine 
or  agree  together  to  do  any  act  which  will,  in  any  respect,  prevent  any  person  from 
buying  live-stock  at  any  place  in  this  state  from  any  person  having  the  same  for  sale, 
either  for  himself  or  as  the  representative  or  agent  of  the  owner  of  the  same. 

Corporation  prohibited. 

§  2.  It  shall  be  unlawful  for  any  corporation  organized  under  the  laws  of  this  state, 
or  anj'  board  of  directors  or  trustees,  or  stockholders,  or  agents,  or  officers  of  any  corpo- 
ration, to  have,  pass,  or  enforce  any  rule,  bj'-law,  or  regulation,  whereby  any  officer, 
stockholder,  member,  shareholder,  agent,  servant  thereof,  or  any  other  person  in  any 
way  interested  in  or  connected  with  such  corporation,  shall  in  any  respect  be  prohibited, 
prevented,  or  enjoined  from  buying  live-stock  from  any  other  person  having  such  live- 
stock for  sale,  either  as  owner  thereof,  or  as  the  agent,  representative,  or  assistant  of 
such  owner,  in  any  market  in  this  state  where  live-stock  is  brought  to  be  sold. 

By-laws  of  corporations. 

§  3.  Every  inile,  regulation,  or  by-law  of  any  corporation  doing  business  in  this 
state,  which  has  for  its  purpose,  or  which,  directly  or  indirectly,  tends  to  prevent  its 
members  or  stockholders  from  freely  purchasing  live-stock  from  any  person  lawfully 
having  the  same  for  sale,  upon  any  live-stock  market  of  this  state,  are  hereby  declared 
to  be  contrary  to  the  public  policy  of  this  state,  and  unlawful  and  void;  and  any  per- 
son or  persons  who  shall  attempt,  directly  or  indirectly,  to  enforce  any  such  rule,  regu- 
lation, or  by-law,  shall  be  deemed  guilty  of  a  misdemeanor,  and,  in  addition  to  the 
penalties  prescribed  by  this  act,  shall  be  personally  liable  for  all  damages  which  may 
arise  from  the  enforcement  of  such  rule,  regulation,  or  by-law,  to  any  person  damaged 
thereby. 

Trusts,  combinations,  or  conspiracies. 

§  4.  No  trusts,  combinations,  or  conspiracies  shall  be  organized  or  exist  in  this  state, 
to  prevent  any  person  or  persons,  or  corporation,  from  selling  live-stock  on  commission, 
for  such  an  amount  of  commission  as  any  person  engaged  in  the  business  may  see  fit  to 
charge;  and  all  rules,  regulations,  by-laws,  or  agreements  of  any  corporation,  associa- 
tion, society,  or  combination  of  persons,  whereby  any  such  corporation,  society, 
association,  or  combination  of  individuals  are  required  to  charge  not  less  than  a  given 
sum  for  commissions,  or  whereby  any  person  or  commission  merchant  is,  in  any  respect, 
restrained  from  charging  less  than  a  certain  fixed  sum  for  his  services  as  such  commis- 
sion merchant  in  the  sale  of  live-stock,  are  hereby  declared  to  be  contrary  to  the  public 
policy  of  this  state,  and  unlawful.  And  any  person  who  shall  enter  into  any  such  trust, 
combination,  or  conspiracy,  or  who  shall  enforce  or  aid,  abet,  assist,  or  encourage  the 
enforcement  of  any  such  rule,  regulation,  by-law,  or  agreement,  shall  be  liable  to  the 
penalties  prescribed  by  this  act,  and  also  shall  be  personally  liable  to  any  person,  indi- 
vidual, society,  or  corjooration  who  may  be  injured  in  his  property  or  business  thereby, 
to  the  full  extent  of  the  injury  resulting  therefrom. 

Selling  live-stock  at  any  market. 

§  5.  Whoever  shall,  directly  or  indirectly,  be  a  party  to  any  combination,  conspiracy, 
or  association,  which  attempts,  directly  or  indirectly,  to  prevent  any  other  person  from 


Act  2568*.  S  1  GENERAL   LAWS.  1478 

freely  selling  live-stock  at  any  market  in  this  state  for  such  persons  as  see  fit  to  engage 
his  services,  or  shall  endeavor  to  compel,  directly  or  indirectly,  any  person  to  charge 
not  less  than  a  fixed  minimum  sum  for  services  in  the  sale  of  live-stock,  or  shall,  in  any 
way,  hinder  or  prevent  another  from  lawfully  selling  live-stock  for  another,  for  such 
rate  of  commission  as  may  be  agreed  upon  b,y  the  owner  of  the  live-stock  and  the  com- 
mission merchant,  shall  be  deemed  guilty  of  a  misdemeanor,  and  suffer  the  penalties 
prescribed  by  this  act,  and  shall  be  personally  liable  to  any  one  aggrieved  thereby,  for 
the  full  amount  of  any  damage  sustained  by  such  person. 

Punishment. 

^  6.  Any  one  who  shall  violate  the  provisions  of  this  act  shall  be  punished  by  a  fine 
in  any  sum  not  less  than  five  hundred  dollars,  and  not  more  than  five  thousand  dollars, 
or  by  imprisonment  in  the  county  jail  not  exceeding  one  year,  or  by  either  or  both,  in 
the  discretion  of  the  court,  and  shall  be  liable,  in  civil  action,  to  any  person  aggrieved, 
in  such  damages  as  he  or  she  may  have  sustained  by  the  violation  of  this  act. 

$  7.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage, 

CATTLE  PROTECTION  BOARD. 
ACT  2568e — An  act  to  create  a  cattle  protection  board,  to  define  its  powers  and  duties, 
to  protect  the  breeders  and  growers  of  cattle  from  theft,  to  provide  for  the  registra- 
tion of  cattle  brands  and  the  licensing  of  cattle  slaughterers  and  sellers  of  the  meat 
thereof,  to  provide  for  the  inspection  of  cattle  and  cattle  hides  for  brands  and  marks, 
to  provide  for  the  collection  of  license  and  inspection  fees,  to  provide  for  the  creation 
of  a  fund  to  be  known  as  the  cattle  protection  fund,  and  to  provide  penalties  for 
violation  of  the  provisions  hereof. 

History:  Approved  May  28,  1917.  In  effect  July  27,  1917.  Stats. 
1917,  p.  1237.  Prior  act  of  April  20,  1863.  Stats.  1863,  p.  354,  amended 
March  28,  1864,  Stats.  1863-64,  p.  261,  and  act  of  March  20,  1866,  Stats. 
1865-66,  p.  322,  continued  in  force  by  the  codes,  see  Kerr's  Cyc.  Political 
Code,  §  19,  and  Kerr's  Cyc.  Penal  Code,  §  23,  and  probably  superseded 
in  part  by  the  Political  Code,  see  Kerr's  Cyc.  Political  Code,  §  3185,  and 
wholly  by  the  act  of  March  23,  1893,  Stats.  1893,  p.  235,  which  was  in 
turn  superseded  by  the  present  act. 

Cattle  protection  board  created. 

$  1.  That  there  be  and  is  hereby  created  a  cattle  protection  board,  to  be  appointed 
by  the  governor  of  the  state  of  California,  which  shall  consist  of  three  members,  two  of 
whom  shall  be  identified  with  and  experienced  in  the  cattle  industry  of  the  state  of 
California  and  the  other  shall  be  the  state  veterinarian.  Said  board  shall  elect  one  of 
their  number  chairman.  The  members  of  said  board  shall  each  receive  ten  dollars  per 
day  for  the  time  by  him  necessarily  employed  in  discharging  the  duties  required  in  this 
chai)ter;  provided,  however,  that  in  no  one  year  shall  the  board  be  in  session  more  than 
sixty  days,  except  upon  the  call  of  the  governor. 

Term.    Appointees.    Cattle  protection  fund. 

The  members  of  said  board  shall  hold  office  during  the  pleasure  of  the  governor.  Said 
board  is  hereby  authorized  to  appoint  a  secretary,  counsel,  inspectors,  and  such  clerks 
as  may  be  necessary  to  carry  out  the  provisions  of  this  act,  and  fix  the  salaries  of  said 
appointees.  Such  per  diem  and  expenses  of  said  members  of  the  cattle  protection  board, 
as  well  as  the  salaries  and  expenses  of  all  appointees  of  said  board,  including  all  other 
additional  expenses  incurred  by  enforcement  of  this  act  as  hereinafter  provided,  shall 
be  paid  out  of  the  cattle  protection  fund  which  fund  is  hereafter  provided. 

Duty  of  board. 

Said  board  is  hereby  authorized,  and  it  is  made  its  duty,  to  exercise  a  general  super- 
vision over,  and  to  protect  the  cattle  of  this  state  from  theft  and  to  make  such  rules  and 
regulations  as  may  be  necessarj^  to  carrj^  out  the  purposes  and  intent  of  this  act. 


HT9  LIVESTOCIt  Act  2568e.  gS  2-7 

Cattle  Irands.    Record, 

$  2.  Every  person  owning  cattle  in  this  state  except  as  hereinafter  provided  may 
adopt  a  brand  with  which  to  brand  his  cattle;  provided,  such  brand  be  not  similar  to 
the  brand  heretofore  adopted  by  any  other  person,  except  by  special  permit  issued  by 
the  cattle  protection  board.  Said  board  shall  cause  said  brands  to  be  recorded  in  books 
kept  for  that  purpose.  The  recording  of  a  brand  shall  consist  of  depicting  in  the  brand 
book  a  facsimile  of  the  design  of  the  brand  adopted,  together  with  an  entry  in  said 
book  bearing  a  statement  of  the  name,  residence,  and  postoflfice  address  of  the  person 
adopting  the  same,  the  date  the  brand  was  presented  for  record,  the  place  upon  the 
animal  where  the  brand  is  proposed  to  be  used,  the  number  of  the  district  and  a  state- 
ment of  the  location  of  the  range  whereon  such  animals  are  to  range.  Before  any  such 
record  shall  be  made,  proof  shall  be  made  that  the  person  applying  to  have  such  brand 
recorded  is  the  owner  thereof  and  entitled  to  use  the  same. 

Districts. 

The  said  board  may  divide  the  state  into  a  number  of  districts.  Such  districts  may 
be  changed  from  time  to  time,  so  that  all  of  the  persons  engaged  in  raising  cattle 
within  the  state  of  California  may  adopt  and  record  a  brand,  without  requiring  that 
any  one  brand  shall  be  adopted  or  recorded  in  any  two  contiguous  districts;  provided, 
however,  that  where  cattle  in  two  or  more  contiguous  districts  are  owned  by  one  person, 
said  person  shall  have  the  right  to  the  use  of  said  brand  in  contiguous  districts. 

Fees.    Forfeiture. 

§  3.  The  sum  of  two  dollars  shall  be  paid  to  said  board  for  the  recordation  of  any 
brand;  for  the  right  to  the  continued  use  of  said  brand,  under  the  provisions  of  this 
act,  the  owner  thereof  shall  before  the  first  day  of  January  of  each  year  after  its 
recordation  transmit  to  the  board  the  sum  of  one  and. one-half  dollars.  A  failure  to 
make  such  payment  shall  forfeit  the  right  to  use  said  brand. 

When  the  right  to  any  brand  recorded  hereunder  shall  have  become  forfeited,  said 
brand  shall  not  be  recorded  by  any  other  person  until  after  the  expiration  of  one  year 
from  the  date  of  the  forfeiture  thereof. 

Unrecorded  brand. 

$  4.  No  person  shall  brand  any  cattle  in  thiw  state  with  a  brand  that  has  not  been 
recorded  under  the  provisions  of  this  act,  nor  use  any  device  to  obliterate  a  brand. 

Sale  of  range  cattle. 

$  5.  Upon  the  sale  or  transfer  of  any  range  cattle  in  this  state,  the  actual  deliverv- 
of  such  animal  shall  be  accompanied  by  a  written  bill  of  sale,  giving  the  number,  kind 
and  marks  and  brands  of  each  animal,  which  bill  of  sale  shall  be  signed  by  the  party 
giving  the  same  and  acknowledged  by  him  before  two  subscribing  witnesses  who  have 
been  freeliolders  of  the  county  for  at  least  two  years. 

Not  applicable  to  registered,  etc.,  cattle. 

§  6.  It  is  hereby  expressly  provided  that  the  provisions  in  this  act  shall  not  apply 
to  registered  purebred  cattle  or  purebred  cattle  which  can  be  identified  as  being  entitled 
to  registration,  or  to  the  dressed  carcasses  of  veal  with  unmarked  or  unbranded  hides 
thereon,  or  cows  actually  used  for  dairy  purposes. 

License  to  slaughter  cattle. 

$  7.  It  shall  be  unlawful  for  any  person  to  slaughter  any  cattle  or  offer  for  sale, 
barter  or  exchange  the  meat  thereof,  unless  he  shall  have  a  license  therefor  issued  in 
accordance  with  the  provisions  of  this  act,  except  as  herein  otherwise  provided. 


Art  25G8e 


GBKCRAL,   LAWS.  1480 


Bond. 

Every  person  slaughtering  cattle  as  a  business  shall  do  so  in  a  designated  slaughter- 
house, and  before  he  shall  begin  the  business  of  slaughtering  cattle  or  selling  the  meat 
thereof,  he  shall  first  procure  from  the  board  a  license  to  caiTy  on  such  business,  under 
the  conditions  and  upon  the  payment  of  the  fees  herein  provided  for.  After  procuring 
such  license  and  before  engaging  in  such  business  he  shall  execute  a  bond  to  the  state 
of  California,  in  the  penal  sum  of  one  thousand  dollars  ($1000.00)  to  be  approved  by 
the  secretary  of  the  board,  condition  that  such  person  shall  not  slaughter,  sell  or  expose 
for  sale  any  cattle  or  the  meat  thereof,  without  first  being  the  legal  and  equitable 
owner  thereof,  or  being  authorized  to  so  slaughter,  sell  or  expose  for  sale  such  animal, 
or  the  meat  thereof,  by  such  owner,  and  that  in  case  he  shall  violate  any  of  the  provi- 
sions hereof,  he  shall  pay  therefor  double  the  value  of  such  animal.  The  amount  so 
recovered  shall  be  paid  as  follows:  One-half  to  the  owner  of  such  animal  and  the 
remaining  one-half  to  the  cattle  protection  fund. 

Annual  fee.    Monthly  report  to  board. 

Said  board  shall  grant  to  every  applicant  therefor,  who  complies  with  all  the  provi- 
sions of  this  act  a  license  to  slaughter  cattle  and  sell  the  meat  thereof  for  the  unexpired 
portion  of  the  calendar  year  in  which  said  license  is  granted.  Every  applicant  for  such 
a  license  shall  pay  to  said  board  the  following  annual  fee  which  shall  be  paid  in 
advance :  For  applicants  who  slaughter  less  than  ten  head  per  month,  one  dollar  per 
annum.  For  applicants  who  slaughter  more  than  ten  head  and  less  than  fifty  head  per 
month,  ten  dollars  per  annum.  For  applicants  who  slaughter  more  than  fifty  head 
per  month,  twenty-five  dollars  per  annum.  For  a  shorter  term  than  one  year  a  propor- 
tionate part  of  said  fee  shall  be  paid.  The  applicant  for  such  license  shall  state  in  his 
application  where  his  slaughterhouse  is  located,  and  during  the  terra  of  such  license  he 
shall  not  slaughter  any  cattle  at  any  other  place  than  that  specified  in  his  license.  If 
the  holder  of  a  license  desires  to  change  the  location  of  his  slaughterhouse,  he  shall 
apply  to  said  board  to  have  such  license  transferred  and  the  board  may  reissue  such 
license  without  any  additional  fee. 

Everv  holder  of  such  a  license  shall,  at  the  expiration  of  each  calendar  month,  make 
a  written  report  and  send  the  same  by  registered  mail  to  said  board.  Such  report  shall 
include  the  following: 

(a)  The  number  and  sex  of  the  cattle  slaughtered  in  such  establishment  during  the 
calendar  month  just  past, 

(b)  The  names  and  addresses  of  persons  from  whom  said  cattle  were  purchased  or 
otherwise  obtained, 

(c)  The  brands  and  marks  on  said  cattle. 

(d)  The  dates  on  which  said  cattle  were  purchased  or  otherwise  obtained  and  the 
dates  on  which  said  cattle  were  slaughtered. 

Forfeit  of  license  on  failure  to  make  statement. 

Said  statement  shall  be  signed  by  such  licensee  or  his  duly  authorized  agent.  Upon 
failure  or  neglect  of  said  licensee  or  his  duly  authorized  agent  for  a  period  of  fifteen 
days  to  file  such  a  statement  in  the  manner  as  herein  provided,  the  said  board  shall 
have  the  power  and  it  shall  be  its  duty  to  forfeit  the  license  of  such  licensee;  and  there- 
after it  shall  be  unlawful  for  the  owner  of  said  slaughtering  establishment,  or  for  any 
other  person  to  slaughter  any  cattle  in  said  establishment  until  a  new  application  is 
made  by  him  to  said  board,  accompanied  by  a  fee  of  twenty-five  dollars;  provided,  how- 
ever, that  said  board  shall  have  the  power  and  it  shall  be  its  duty  to  refuse  to  renew 
the  license  of  any  slaughterer  who  has  knowingly  slaughtered  cattle  without  the  con- 
sent of  the  owner  thereof. 


1481  LIVESTOCK.  Act  2568e,  §§  8-11 

Record  l»y  butcher  of  meat  purchased. 

i  8.  Every  peddler,  butcher  or  retailer  of  meats,  purchasing  the  meat  of  any  bovine 
animal,  must  enter  in  a  book  to  be  kept  for  that  purpose  and  exhibit  the  same  on 
demand,  the  name  of  the  person  from  whom  said  meat  was  purchased  or  otherwise 
obtained,  the  date  of  said  purchase  and  the  quantity  so  purchased. 

It  shall  be  unlawful  for  any  peddler  or  retailer  of  meat,  or  person  in  control  of  any 
butcher  shop,  to  purchase  the  meat  of  any  slaughtered  bovine  animal  from  any  person 
not  known  to  him  to  be  licensed  under  the  provisions  of  this  act. 

Any  person  who  fails  on  demand  to  inform  any  officer  of  this  state  where  and  from 
whom  he  has  obtained  any  meat  of  any  bovine  animal  that  he  has  in  his  possession,  shall 
be  deemed  guilty  of  a  misdemeanor. 

Slaughter  by  ranchman  for  own  consumption. 

Nothing  in  this  act  shall  be  so  construed  as  to  prohibit  an  owner  of  property,  or  a 
ranchman  located  on  a  definite  property  as  a  tenant,  lessee  or  purchaser  under  contract, 
from  slaughtering  cattle  in  small  numbers  on  said  premises  for  his  own  consumption, 
and  nothing  herein  shall  be  so  construed  as  to  prohibit  such  ranchman  from  selling  or 
giving  away  a  portion  thereof;  provided,  that  such  person  shall  not  be  required  to  take 
out  a  license. 

Hides  retained. 

§  9.  The  hides  of  all  such  cattle  slaughtered  by  the  owner  thereof,  or  removed  from 
any  cattle  which  have  died  from  any  cause,  shall  be  retained  in  the  possession  of  the 
owner  where  the  same  may  be  inspected,  with  the  brands  attached  thereto,  and  without 
any  alteration  or  disfiguration  thereof,  for  a  period  of  at  least  fifteen  days  after  the 
death  of  said  cattle,  or  until  said  hides  are  inspected. 

Record  of  cattle  slaughtered. 

Every  ranchman,  who  so  slaughters  cattle  on  such  premises,  shall  keep  a  record  in  a 
book  to  be  kept  for  that  purpose  of  all  the  cattle  so  slaughtered  by  him,  with  a  descrip- 
tion thereof,  including  all  the  marks  and  brands  of  such  slaughtered  cattle,  the  date 
of  slaughter,  and  shall  at  the  end  of  each  month,  make  a  true  and  correct  copy  of  such 
record  and  send  the  same  by  registered  mail  to  the  office  of  the  cattle  protection  board, 
and  shall  likewise  exhibit  the  said  record  on  demand  of  any  officer  of  this  state. 

No  cattle  slaughtered  until  inspected. 

5  10.  No  cattle  except  cattle  shipped  for  slaughter  and  which  have  been  inspected 
as  herein  provided  prior  to  shipment,  shall  be  slaughtered  until  they  shall  have  been 
first  inspected  and  certified  to  as  being  the  property  of  the  person  slaughtering  same 
or  causing  same  to  be  slaughtered  or  being  duly  authorized  by  the  owner  thereof  to 
slaughter  said  cattle;  provided,  that  any  person  licensed  hereunder  to  slaughter  cattle 
after  twenty-four  hours  notice  in  writing,  addressed  to  the  local  inspector  demanding 
his  presence  at  a  specified  time  and  place  for  the  purpose  of  inspecting  such  cattle  for 
slaughtering,  may,  without  the  certificate  of  inspection  of  said  inspector  slaughter  said 
cattle,  proriding  he  makes  a  written  statement  designating  the  general  description  of 
the  animal  or  animals  slaughtered,  such  as  the  age,  color,  weight,  etc.,  and  specifying 
in  detail  the  earmarks  and  brands  of  such  animal  or  animals;  and  provided,  further, 
that  he  retain  the  hides  of  such  animal  or  animals  for  at  least  fifteen  days  thereafter  as 
hereinbefore  provided. 

Certificate  of  brand,  etc.,  before  shipment. 

^  11.  It  shall  be  unlawful  for  any  common  carrier  to  receive  any  cattle,  or  the  hides 
of  an^'  cattle,  for  transportation  to  points  within  or  without  this  state  until  such  carrier 


Act  2508e.  g§  12-16  GENERAL.   LATVS.  1482 

shall  have  been  furnished  with  duplicate  certificates  signed  by  an  inspector,  showing, 
in  the  case  of  cattle,  the  brands  and  earmarks  of  such  cattle,  the  number  of  cattle  of 
each  earmark  and  brand,  the  names  of  shii^per  and  consignee  and  also  the  origin  and 
destination  of  said  cattle.  In  the  ease  of  cattle  hides,  the  certificates  shall  state  the 
number  of  hides,  the  names  of  shipper  and  consignee  and  also  the  origin  and  destina- 
tion of  said  hides.  One  copy  of  said  certificate  shall  be  mailed  forthwith  by  the  agent 
or  other  person  in  control  of  the  common  carrier  at  the  point  at  which  said  cattle  are 
received  for  shipment,  to  the  consignee. 

Inspection  of  cattle  to  be  shipped. 

$  12.  It  shall  be  the  duty  of  inspectors  to  inspect  all  cattle  for  marks  and  brands 
which  are  offered  for  transportation  to  any  common  carrier  at  the  loading  stations 
thereof. 

If  upon  such  inspection  cattle  shall  be  found  not  belonging  to  the  shipper,  all  such 
cattle  shall  be  taken  by  the  inspector  and  dealt  within  accordance  with  the  rules  of  the 
board  in  such  cases  made. 

Inspectors  must  inspect  all  cattle  subject  to  inspection  immediately,  and  when 
inspected,  the  ons  in  charge  thereof  shall  at  once  pay  to  the  inspector  therefor  the  sum 
of  five  cents  per  heud,  whereupon  the  inspector  shall  certify  that  said  cattle  have  been 
inspected. 

Volumes  for  recordation  of  marks  and  brands. 

^  13.  It  shall  be  the  duty  of  the  said  board  to  prepare  volumes  for  the  recordation 
of  said  marks  and  brands,  and  to  keep  a  true  record  of  all  its  official  transactions. 
When  cattle  or  the  hides  thereof  have  been  shipped  or  slaughtered,  each  record  thereof 
must  be  entered  under  the  name  of  the  owner  of  said  mark  or  brand,  and  must  be 
entered  in  such  a  manner  as  to  disclose  under  the  record  of  each  particular  mark  or 
brand,  the  number  of  cattle  bearing  any  other  marks  or  brands.  An  index  shall  be  kept 
of  unrecorded  brands,  as  well  as  of  those  that  have  been  recorded  under  the  provisions 
hereof. 

Driving  cattle  off  range. 

^  14.  Any  person,  not  being  the  owner,  or  having  the  right  of  possession,  of  any 
cattle,  who  shall  be  found  driving  such  cattle  off  its  usual  range,  without  the  consent 
of  the  owner  thereof,  shall  be  guilty  of  grand  larceny. 

Report  of  fees  by  secretary. 

^  15.  The  secretary  of  the  cattle  protection  board,  at  least  as  often  as  once  each 
month,  shall  report  to  the  state  controller  the  total  amount  of  fees  collected,  and  at  the 
same  time  he  shall  pay  into  the  state  treasury  the  entire  amount  of  such  receipts.  All 
such  receipts  shall  be  credited  to  the  cattle  protection  fund,  which  fund  is  hereby 
created,  and  shall  be  held  subject  to  the  uses  of  the  cattle  protection  board,  as  defined 
in  this  act. 

"  Range." 

^16.  The  term  "range"  for  the  purpose  of  the  interpretation  and  application  of 
this  act  shall  be  understood  to  mean  the  enclosed  or  unenclosed  lands  outside  of  cities, 
towns  and  villages  in  this  state,  whether  of  the  public  domain  or  in  private  ownership, 
upon  which  by  custom,  license  or  otherwise,  cattle  are  kept  or  permitted  to  roam  and 
feed. 

"Person." 

The  term  "person"  wherever  used  includes  every  person,  persons,  firm,  association 
or  corporation. 


14S3 


LOGS. 


Act  2569,  §§  1.  2 


"Cattle." 
The  term  ''cattle"  wherever  used  includes  every  kind  of  animal  of  the  bovine  species. 

Penalty. 

^  17.     Any  person  violating:  any  provisions  of  this  act  shall,  unless  otherwise  specifi- 
cally designated  herein,  be  guilty  of  a  misdemeanor. 

Repealed. 

$  18.    All  acts  and  parts  of  acts  in  conflict  herewith  are  hereby  repealed, 

LODGING-HOUSES. 

See  tits.  ''Buildings";  "Dwelling  Houses";  "Hotels";  "Tenement  Houses";  and 
see  Kerr 's  Cye.  Penal  Code,  $  401a. 

LODI. 

See  "Mokelumne  Hill,"  and  Act  3094,  note. 


CHAPTER  199. 
LOGS. 

CONTENTS  OF  CHAPTER. 
ACT  2569.     Standard  of  Measurement. 

STANDARD  OF  MEASUREMENT. 

ACT  2569 — An  act  establishing  a  scale  for  the  measurement  of  lags. 

History:    Approved  March  28,  1878,  Stats.  1877-78,  p.  604.     Amended 
April  16,  1880,  Stats.  1880,  p.  119. 

One  standard  of  measurement. 

§  1.  There  shall  be  but  one  standard  for  the  measurement  of  logs  throughout  this 
state. 

Standard  for  measurement  of  logs. 

§  2.  The  following  table,  known  as  Spaulding  's  Table  for  the  Measurement  of  Logs, 
is  hereby  made  the  standard  and  table  for  the  measurement  of  logs  throughout  this 
state,  to  wit: 


Dlam- 
Length,  eter, 
Feet.  Inches. 

Con- 
tents, 
Feet. 

Diam- 
Length,  eter, 
Feet.  Inches. 

Con- 
tents, 
Feet. 

Diam- 
Length,  eter. 
Feet.  Inches. 

Con- 
tents, 
Feet. 

Length 
Feet. 

Diam- 
eter, 
Inches. 

Con- 
tents, 
Feet. 

12     10 

38 

12     27 

396 

12     44 

1,086 

12 

61 

2,098 

12     11 

47 

12     28 

427 

12     45 

1,134 

12 

62 

2,169 

12     12 

58 

12     29 

459 

12     46 

1,186 

12 

63 

2,241 

12     13 

71 

12     30 

492 

12     47 

1,239 

12 

64 

2,315 

12     14 

86 

12     31 

526 

12     48 

1,293 

12 

65 

2,390 

12     15 

103 

12     32 

561 

12     49 

1,348 

12 

66 

2,467 

12     16 

121 

12     33 

597 

12     50 

1,404 

12 

67 

2,545 

12     17 

141 

12     34 

634 

12     51 

1,461 

12 

68 

2,625 

12     18 

162 

12          35 

673 

12    52 

1,519 

12 

69 

2,706 

12     19 

184 

12     36 

713 

12     53 

1,578 

12 

70 

2,798 

12    20 

207 

12    37 

755 

12     54 

1,638 

12 

71 

2,874 

12     21 

231 

12    38 

798 

12    55 

1,700 

12 

72 

2,960 

12     22 

256 

12    39 

843 

12     56 

1,763 

12 

73 

3,047 

12     23 

282 

12    40 

889 

12    57 

1,827 

12 

74 

3,135 

12     24 

309 

12     41 

936 

12     58 

1,893 

12 

75 

3,224 

12     25 

337 

12     42 

984 

12     59 

1,960 

12 

76 

3,314 

12     26 

366 

12    43 

1,033 

12     60 

2,028 

12 

77 

3,405 

Aci  2569 


GEXKRAL,   LAWS. 


14S4 


Length 
Feet. 

Diam- 
eter, 
Inches. 

Con- 
tents. 
Feet. 

Length 
Feet. 

Diam- 
eter, 
Inches. 

Con- 
tents, 
Feet. 

Length 
Feet. 

Diam- 
eter, 
Inches. 

Con- 
tents, 
Feet. 

Length 
Feet. 

Diam- 
eter, 
Inches. 

Con- 
tents, 
Feet. 

12 

78 

3,497 

13 

45 

1,228 

14 

12 

67 

14 

66 

2,878 

12 

79 

3,590 

13 

46 

1,284 

14 

13 

82 

14 

67 

2,969 

12 

80 

3,631 

13 

47 

1,342 

14 

14 

100 

14 

68 

3,062 

12 

81 

3,779 

13 

48 

1,400 

14 

15 

120 

14 

69 

3,157 

12 

82 

3,874 

13 

49 

1,400 

14 

16 

141 

14 

70 

3,253 

12 

83 

3,970 

13 

50 

1,521 

14 

17 

164 

14 

71 

3,353 

12 

84 

4,067 

13 

51 

1,582 

14 

18 

189 

14 

72 

3,453 

12 

85 

4,165 

13 

52 

1,645 

14 

19 

214 

14 

73 

3,555 

12 

86 

4,264 

13 

53 

1,709 

14 

20 

241 

14 

74 

3,657 

12 

87 

4,364 

13 

54 

1,774 

14 

21 

269 

14 

75 

3,761 

12 

88 

4,465 

13 

55 

1,841 

14 

22 

298 

14 

76 

3,866 

12 

89 

4,566 

13 

56 

1,909 

14 

23 

329 

14 

77 

3,972 

12 

90 

4,668 

13 

57 

1,979 

14 

24  ■ 

360 

14 

78 

4,080 

12 

91 

4,771 

13 

58 

2,050 

14 

25 

393 

14 

79 

4,188 

12 

92 

4,875 

13 

59 

2,123 

14 

26 

427 

14 

80 

4,298 

12 

93 

4,980 

13 

60 

2,197 

14 

27 

462 

14 

81 

4,408 

12 

94 

5,085 

13 

61 

2,272 

14 

28 

498 

14 

82 

4,519 

12 

95 

5,192 

13 

62 

2,349 

14 

29 

535 

14 

83 

4,631 

12 

96 

5,300 

13 

63 

2,427 

14 

30 

574 

14 

84 

4,745 

13 

10 

41 

13 

64 

2,507 

14 

31 

613 

14 

85 

4,859 

13 

11 

51 

13 

65 

2,589 

14 

32 

654 

14 

86 

4,974 

13 

12 

62 

13 

66 

2,672 

14 

33 

696 

14 

87 

5,091 

13 

13 

76 

13 

67 

2,757 

14 

34 

739 

14 

88 

5,209 

13 

14 

93 

13 

68 

2,843 

14 

35 

785 

14 

89 

5,327 

13 

15 

111 

13 

69 

2,931 

14 

36 

831 

14 

90 

5,446 

13 

16 

131 

13 

70 

3,021 

14 

37 

880 

14 

91 

5,566 

13 

17 

152 

13 

71 

3,113 

14 

38 

931 

14 

92 

5,687 

13 

18 

175 

13 

72 

3,206 

14 

39 

983 

14 

93 

5,810 

13 

19 

199 

13 

73 

3,301 

14 

40 

1,037 

14 

94 

5,932 

13 

20 

224 

13 

74 

3,396 

14 

41 

1,092 

14 

95 

6,057 

13 

21 

250 

13 

75 

3,492 

14 

42 

1,148 

14 

96 

6,183 

13 

22 

277 

13 

76 

3,590 

14 

43 

1,205 

15 

10 

47 

13 

23 

305 

13 

77 

3,688 

14 

44 

1,267 

15 

11 

59 

13 

24 

334 

13 

78 

3,788 

14 

45 

1,323 

15 

12 

72 

13 

25 

305 

13 

79 

3,889 

14 

46 

1,383 

15 

13 

88 

13 

26 

396 

13 

80 

3,991 

14 

47 

1,445 

15 

14 

107 

13 

27 

429 

13 

81 

4,094 

14 

48 

1,508 

15 

15 

128 

13 

28 

462 

13 

82 

4,196 

14 

49 

1,572 

15 

16 

151 

13 

29 

497 

13 

83 

4,301 

14 

50 

1,638 

15 

17 

176 

13 

30 

533 

13 

84 

4,406 

14 

51 

1,704 

15 

18 

202 

13 

31 

569 

13 

85 

4,512 

14 

52 

1,772 

15 

19 

230 

13 

32 

607 

13 

86 

4,619 

14 

53 

1,841 

15 

20 

258 

13 

33 

646 

13 

87 

4,727 

14 

54 

1,911 

15 

21 

288 

13 

34 

686 

13 

88 

4,837 

14 

55 

1,983 

15 

22 

320 

13 

35 

729 

13 

89 

4,946 

14 

56 

2,056 

15 

23 

352 

13 

36 

772 

13 

90 

5,057 

14 

57 

2,131 

15 

24 

387 

13 

37 

817 

13 

91 

5,168 

14 

58 

2,208 

15 

25 

421 

13 

38 

864 

13 

92 

5,281 

14 

59 

2,286 

15 

26 

457 

13 

39 

913 

13 

93 

5,395 

14 

60 

2,366 

15 

27 

495 

13 

40 

963 

13 

94 

5,.508 

14 

61 

2,447 

15 

28 

533 

13 

41 

1,014 

13 

95 

5,624 

14 

62 

2,530 

15 

29 

573 

13 

42 

1,066 

13 

96 

5,741 

14 

63 

2,614 

15 

30 

61.3 

13 

43 

1,119 

14 

10 

44 

14 

64 

2,700 

15 

31 

657 

13 

44 

1,176 

14 

11 

55 

14 

65 

2,789 

15 

32 

701 

148S 


L.OGS. 


ActSSCd 


Diara- 
Length,  eter, 
Feet.  Inches. 


Con- 
tents, 
Feet. 


15 
15 
15 

15 

15 

15 

15 

15 

15 

15 

15 

15 

15 

15 

15 

15 

15 

15 

15 

15 

15 

15 

15 

15 

15 

15 

15 

15 

15 

15 

15 

15 

15 

15 

15 

15 

15 

15 

15 

15 

15 

15 

15 

15 

15 

15 

15 

15 

15 

15 

15 

15 

15 

15 


33 
34 
35 

36 

37 

38 

39 

40 

41 

42 

43 

44 

45 

46 

47 

48 

49 

50 

51 

52 

53 

54 

55 

56 

57 

58 

59 

60 

61 

62 

63 

64 

65 

66 

67 

68 

69 

70 

71 

72 

73 

74 

75 

76 

77 

78 

79 

80 

81 

82 

83 

84 

85 


Length 
Feet. 


Diam- 
eter, 
Inches. 


Con- 
tents, 
Feet. 


746 
792 
841 
891 
943 
997 
1,05?. 
1,111 
1,170 
1,230 
1,291 
1,357 
1,417 
1,482 
1,548 
1,616 
1,685 
1,755 
1,826 
1,898 
1,972 
2,047 
2,125 
2,203 
2,283 
2,366 
2,450 
2,535 
2,622 
2,711 
2,801 
2,893 
2,987 
3,083 
3,181 
3,281 
3,382 
3,486 
3,592 
3,700 
3,809 
3,919 
4,030 
4,142 
4,256 
4,371 
4,487 
4,605 
4,723 
4,842 
4,962 
5,084 
5,206 
5,330 


15 

15 

15 

15 

15 

15 

15 

15 

15 

15 

16 

16 

16 

16 

16 

16 

16 

16 

16 

16 

16 

16 

16 

16 

16 

16 

16 

16 

16 

16 

16 

16 

16 

16 

16 

16 

16 

16 

16 

16 

16 

16 

16 

16 

16 

16 

16 

16 

16 

16 

16 

16 

16 

1   16 


87 
88 

on 

90 

91 

92 

93 

94 

95 

96 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

29 

30 

31 

32 

33 

34 

35 

36 

37 

38 

39 

40 

41 

42 

43 

44 

45 

46 

47 

48 

49 

50 

51 

52 

53 


Diam- 
Length,  eter. 
Feet.  Inches. 


Con- 
tents, 
Feet. 


5,455 
5,581 

5,707 

5,835 

5,964 

6,094 

6,225 

6,356 

6,490 

6,625 
50 
63 
77 
94 
114 
137 
161 
188 
216 
245 
276 
308 
341 
376 
412 
449 
488 
528 
569 
612 
656 
701 
748 
790 
845 
897 
950 
1,006 
1,064 
1,124 
1,185 
1,248 
1,312 
1,377 
1,448 
1,512 
1,581 
1,652 
1,724 
1,797 
1,872 
1,948 
2,025 
2,104 


16 
16 

16 

16 

16 

10 

16 

16 

16 

16 

16 

16 

16 

16 

16 

16 

16 

16 

16 

16 

16 

16 

16 

16 

16 

16 

16 

16 

16 

16 

16 

16 

16 

16 

16 

16 

16 

16 

16 

16 

16 

16 

16 

17 

17 

17 

17 

17 

17 

17 

17 

17 

17 

17 


54 
55 
56 
57 

58 

59 

60 

61 

62 

63 

64 

65 

66 

67 

68 

69 

70 

71 

72 

73 

74 

75 

76 

77 

78 

79 

80 

81 

82 

83 

84 

85 

86 

87 

88 

89 

90 

91 

92 

93 

94 

95 

96 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 


Length 
Feet. 


2,184 
2,266 
2,350 
2,436 

2,524 
2,613 
2,704 
2,797 
2,892 
2,988 
3,086 
3,186 
3,289 
3,393 
3,500 
3,608 
3,718 
3,832 
3,946 
4,062 
4,180 
4,298 
4,418 
4,540 
4,663 
4,786 
4,912 
5,038 
5,165 
5,293 
5,423 
5,553 
5,685 
5,818 
5,953 
6,088 
6,224 
6,361 
6,500 
6,640 
6,780 
6,922 
7,066 
.   53 
67 
■  82 
100 
12] 
145 
171 
199 
229 
260 
203 


17 
17 
17 
17 

17 

17 

17 

17 

17 

17 

17 

17 

17 

17 

17 

17 

17 

17 

17 

17 

17 

17 

17 

17 

17 

17 

17 

17 

17 

17 

17 

17 

17 

17 

17 

17 

17 

17 

17 

17 

17 

17 

17 

17 

17 

17 

17 

17 

17 

17 

17 

17 

17 

17 


Diam- 
eter, 
Inches. 

21 

22 

23 

24 

25 

26 

27 

28 

29 

30 

31 

32 

33 

34 

35 

36 

37 

38 

39 

40 

41 

42 

43 

44 

45 

46 

47 

48 

49 

50 

51 

52 

53 

54 

55 

56 

57 

58 

59 

60 

61 

62 

63 

64 

65 

66 

67 

68 

69 

70 

71 

72 

73 

74 


Con- 
tents, 
Feet. 

327 
362 
399 
437 
477 
518 
561 
604 
650 
697 
745 
794 
845 
898 
953 
1,010 
1,069 
1,130 
1,194 
1,259 
1,326 
1,394 
1,463 
1,538 
1,606 
1,680 
1,755 
1,831 
1,909 
1,989 
2,069 
2,151 
2,235 
2,320 
2,408 
2,497 
2,588 
2,681 
2,776 
2,873 
2,972 
3,072 
3,174 
3,279 
3,385 
3,494 
3,605 
3,718 
3,833 
3,951 
4,071 
4,193 
4,316 
4,441 


Xct  2568 

C 

iENERA 

L  LAW 

S. 

1480 

Length 
Feet. 

Diam- 
eter, 
Inches. 

Con- 
tents, 
Feet. 

Length 
Feet. 

Diam- 
eter, 
Inches. 

Con- 
tents, 
Feet. 

Length 
Feet. 

Diam- 
.  eter, 
Indies. 

Con- 
tents, 
Feet. 

Length 
Feet. 

Diam- 
eter, 
Inches. 

Con- 
tents, 
Feet. 

17 

75 

4,567 

18 

42 

1,476 

18 

96 

7,950 

19 

63 

3,548 

17 

76 

4,694 

18 

43 

1,549 

19 

10 

60 

19 

64 

3,665 

17 

77 

4,823 

18 

44 

1.629 

19 

11 

74 

19 

65 

3,784 

17 

78 

4,954 

18 

45 

1,701 

19 

12 

91 

19 

66 

3,906 

17 

79 

5,085 

18 

46 

1,779 

19 

13 

112 

19 

67 

4,029 

17 

80 

5,219 

18 

47 

1,858 

19 

14 

136 

19 

68 

4,156 

17 

81 

5,353 

18 

48 

1,939 

19 

15 

163 

19 

69 

4,284 

17 

82 

5,488 

18. 

49 

2,022 

19 

16 

191 

19 

70 

4,415 

17 

83 

5,624 

18 

50 

2,106 

19 

17 

223 

19 

71 

4,550 

17 

84 

5,762 

18 

51 

2,191 

19 

18 

256 

19 

72 

4,686 

17 

85 

5,900 

18 

52 

2,278 

19 

19 

291 

19 

73 

4,824 

17 

86 

6,040 

18 

53 

2,367 

19 

20 

327 

19 

74 

4,964 

17 

87 

6,182 

18 

54 

2,457 

19 

21 

365 

19 

75 

5,104 

17 

88 

6,325 

18 

55 

2,550 

19 

22 

405 

19 

76 

5,246 

17 

89 

6,468 

18 

56 

2,644 

19 

23 

446 

19 

77 

5,391 

17 

90 

6,613 

18 

57 

2,740 

19 

24 

489 

19 

78 

5,537 

17 

91 

6,759 

18 

58 

2,839 

19 

25 

533 

19 

79 

5,684 

17 

92 

6,906 

18 

59 

2,940 

19 

26 

579 

19 

80 

5,833 

17 

93 

7,055 

18 

60 

3,042 

19 

27 

627 

19 

81 

5,983 

17 

94 

7,203 

18 

61 

3,147 

19 

28 

676 

19 

82 

6,133 

17 

95 

7,355 

18 

62 

3,253 

19 

29 

726 

19 

83 

6,285 

17 

96 

7,508 

18 

63 

3,361 

19 

30 

779 

19 

84 

6,440 

18 

10 

57 

18 

64 

3,472 

19 

31 

832 

19 

85 

6,594 

18 

11 

70 

18 

65 

3,585 

19 

32 

888 

19 

86 

6,751 

18 

12 

87 

18 

66 

3,700 

19 

33 

945 

19 

87 

6,909 

18 

13 

106 

18 

67 

3,817 

19 

34 

1,003 

19 

88 

7,069 

18 

14 

129 

18 

68 

3,937 

19 

35 

1,065 

19 

89 

7,229 

18 

15 

154 

18 

69 

4,059 

19 

36 

1,128 

19 

90 

7,391 

18 

16 

181 

18 

70 

4,183 

19 

37 

1,195 

19 

91 

7,554 

18 

17 

211 

18 

71 

4,311 

19 

38 

1,263 

19 

92 

7,719 

18 

18 

243 

18 

72 

4,440 

19 

39 

1,334 

19 

93 

7,885 

18 

19 

276 

18 

73 

4,570 

19 

40 

1,407 

19 

94 

8,051 

18 

20 

310 

18 

74 

4,702 

19 

41 

1,482 

19 

95 

8,220 

18 

21 

346 

18 

75 

4,836 

19 

42 

1,558 

19 

96 

8,391 

18 

22 

384 

18 

76 

4,970 

19 

43 

1,635 

20 

10 

63 

18 

23 

423 

18 

77 

5,107 

19 

44 

1,719 

20 

11 

78 

18 

24 

463 

18 

78 

5,245 

19 

45 

1,795 

20 

12 

96 

18 

25 

505 

18 

79 

5,385 

19 

46 

1,877 

20 

13 

118 

18 

26 

549 

18 

80 

5,526 

19 

47 

1,961 

20 

14 

143 

18 

27 

594 

18 

81 

5,608 

19 

48 

2,047 

20 

15 

171 

18 

28 

640 

18 

82 

5,811 

19 

49 

2,134 

20 

16 

207 

18 

29 

688 

18 

83 

5,955 

19 

50 

2,223 

20 

17 

235 

18 

30 

738 

18 

84 

6,101 

19 

51 

2,313 

20 

18 

270 

18 

31 

789 

18* 

85 

6,247 

19 

52 

2,405 

20 

19 

306 

18 

32 

841 

18 

86 

6,396 

19 

53 

2,498 

20 

20 

345 

18 

33 

895 

18 

87 

6,546 

19 

54 

2,593 

20 

21 

385 

18 

34 

951 

18 

88 

6,697 

19 

55 

2,691 

20 

22 

426 

18 

35 

1,009 

18 

89 

6,849 

19 

56 

2,791 

20 

23 

470 

18 

36 

1,069 

18 

90 

7,002 

19 

57 

2,892 

20 

24 

515 

18 

37 

1,132 

18 

91 

7,156 

19 

58 

2,997 

20 

25 

561 

18 

38 

1,197 

18 

92 

7,312 

19 

59 

3,103 

20 

26 

610 

18 

39 

1,264 

18 

93 

7,470 

19 

60 

3,211 

20 

27 

660 

18 

40 

1,333 

18 

94 

7,627 

19 

61 

3,321 

20 

28 

711 

18 

41 

1,404 

18 

95 

7,788 

19 

62 

3,434 

20 

29 

765 

14S7 

LOGS. 

Act  2569 

Length 
Feet. 

Diam- 
eter, 
Inches. 

Con- 
tents, 
Feet. 

Length 
Feet. 

Diam-^ 

eter. 
Inches. 

Con- 
tents, 
Feet. 

Length 
Feet. 

Diam- 
eter, 
Inches. 

Con- 
tents, 
Feet. 

Length 
Feet. 

Diam- 
eter, 
Inches. 

Con- 
tents, 
Feet. 

20 

30 

820 

20 

84 

6,778 

21 

51 

2,556 

22 

42 

1,804 

20 

31 

876 

20 

85 

6,941 

21 

52 

2,657 

22 

43 

1,893 

20 

32 

935 

20 

86 

7,106 

21 

53 

2,761 

22 

44 

1,991 

20 

33 

995 

20 

87 

7,273 

21 

54 

2,866 

22 

45 

2,079 

20 

34 

1,056 

20 

88 

7,441 

21 

55 

2,974 

22 

46 

2,174 

20 

35 

1,121 

20 

89 

7,610 

21 

56 

3,085 

22 

47 

2,271 

20 

36 

1,188 

20 

90 

7,780 

21 

57 

3,197 

22 

48 

2,370 

20 

37 

1,258 

20 

91 

7,951 

21 

58 

3,312 

22 

49 

2,470 

20 

38 

1,330 

20 

92 

8,125 

21 

59 

3,429 

22 

50 

2,574 

20 

39 

1,405 

20 

93 

8,300 

21 

60 

3,549 

22 

51 

2,678 

20 

40 

1,481 

20 

94 

8,475 

21 

61 

3,671 

22 

52 

2,784 

20 

41 

1,560 

20 

95 

8,653 

21 

62 

3,795 

22 

53 

2,893 

20 

42 

1,640 

20 

96 

8,833 

21 

63 

3,921 

22 

54 

3,003 

20 

43 

1,721 

21 

10 

66 

21 

64 

4,051 

22 

55 

3,116 

20 

44 

1,810 

21 

11 

82 

21 

65 

4,182 

22 

56 

3,232 

20 

45 

1,890 

21 

12 

10] 

21 

66 

4,316 

22 

57 

3,349 

20 

46 

1,976 

21 

13 

124 

21 

67 

4,453 

22 

58 

3,470 

20 

47 

2,065 

21 

14 

150 

21 

68 

4,593 

22 

59 

3,592 

20 

48 

2,155 

21 

15 

18L1 

21 

69 

4,735 

22 

60 

3,718 

20 

49 

2,246 

21 

16 

211 

21 

70 

4,880 

22 

61 

3,846 

20 

50 

2,340 

21 

17 

246 

21 

71 

5,029 

22 

62 

3,976 

20 

51 

2,435 

21 

18 

283 

21 

72 

5,180 

22 

63 

4,108 

20 

52 

2,531 

21 

19 

322 

22 

10 

69 

22 

64 

4,244 

20 

53 

2,630 

21 

20 

362 

22 

11 

86 

22 

65 

4,381 

20 

54 

2,730 

21 

21 

404 

22 

12 

lOfi 

22 

66 

4,522 

20 

55 

2,833 

21 

22 

448 

22 

13 

130 

22 

67 

4,665 

20 

56 

2,938 

21 

23 

493 

22 

14 

157 

22 

68 

4,812 

20 

57 

3,045 

21 

24 

540 

22 

15 

188 

22 

69 

4,961 

20 

58 

3,155 

21 

25 

589 

22 

16 

221 

22 

70 

5,113 

20 

59 

3,266 

21 

26 

640 

22 

17 

25S 

22 

71 

5,269 

20 

60 

3,380 

21 

27 

693 

22 

18 

297 

22 

72 

5,426 

20 

61 

3,496 

21 

28 

747 

22 

19 

337 

23 

10 

72 

20 

62 

3,615 

21 

29 

803 

22 

20 

379 

23 

11 

90 

20 

63 

3,735 

21 

30 

861 

22 

21 

423 

23 

12 

111 

20 

64 

3,858 

21 

31 

920 

22 

22 

469 

23 

13 

136 

20 

65 

3,983 

21 

32 

981 

22 

23 

517 

23 

14 

164 

20 

66 

4,111 

21 

33 

1,044 

22 

24 

566 

23 

15 

197 

20 

67 

4,241 

21 

34 

1,109 

22 

25 

617 

23 

16 

231 

20 

68 

4,375 

21 

35 

1,177 

22 

26 

671 

23 

17 

270 

20 

69 

4,510 

21 

36 

1,247 

22 

27 

726 

23 

18 

310 

20 

70 

4,648 

21 

37 

1,321 

22 

28 

782 

23 

19 

35S 

20 

71 

4,790 

21 

38 

1,397 

22 

29 

841 

23 

20 

39e- 

20 

72 

4,938 

21 

39 

1,475 

22 

30 

902 

23 

21 

44L^ 

20 

73 

5,078 

21 

40 

1,555 

22 

31 

964 

23 

22 

490 

20 

74 

5,225 

21 

41 

1,638 

22 

32 

1,028 

23 

23 

54ft 

20 

75 

5,372 

21 

42 

1,722 

22 

33 

1,094 

23 

24 

592 

20 

76 

5,522 

21 

43 

1,807 

22 

34 

1,162 

23 

25 

645 

20 

77 

5,676 

21 

44 

1,900 

22 

35 

1,233 

23 

26 

701 

20 

78 

5,829 

21 

45 

1,984 

22 

36 

1,307 

23 

27 

759 

20 

79 

5,983 

21 

46 

2,075 

22 

37 

1,384 

23 

28 

818 

20 

80 

6,140 

21 

47 

2,168 

22 

38 

1,463 

23 

29 

879 

20 

81 

6,298 

21 

48 

2,262 

22 

39 

1,545 

23 

30 

943 

20 

82 

6,456 

21 

49 

2,385 

22 

40 

1,629 

23 

31 

1,008 

20 

83 

6,616 

21 

50 

2,457 

22 

41 

1,716 

23 

32 

1,075 

Act  2569,  §§  3-e 


GBNERAIi   LAWS. 


14S.S 


Length 
Feet 

Diam- 
eter, 
Inches. 

Con- 
tents, 
Feet. 

Ijengtli 
Feet 

Diam- 
eter, 
Inches. 

Con- 
tents, 
Feet. 

Length 
Feet 

Diam- 
eter, 
Inches. 

Con- 
tents, 
Feet 

Length 
Feet 

Diam- 
eter, 
Inches. 

Con- 
tents, 
Feet 

23 

33 

1,144 

23 

59 

3,756 

24 

22 

512 

24 

48 

2,586 

23 

34 

1,215 

23 

60 

3,887 

24 

23 

564 

24 

49 

2,696 

23 

35 

1,289 

23 

61 

4,021 

24 

24 

618 

24 

50 

2,808 

23 

36 

1,366 

23 

62 

4,157 

24 

25 

674 

24 

51 

2,922 

23 

37 

1,447 

23 

63 

4,295 

24 

26 

732 

24 

52 

3,038 

23 

38 

1,529 

23 

64 

4,437 

24 

27 

792 

24 

53 

3,156 

23 

39 

1,615 

23 

65 

4,580 

24 

28 

854 

24 

54 

3,276 

23 

40 

1,703 

23 

66 

4,728 

24 

29 

918 

24 

55 

3,400 

23 

41 

1,794 

23 

67 

4,877 

24 

30 

984 

24 

56 

3,526 

23 

42 

1,886 

23 

68 

5,031 

24 

31 

1,052 

24 

57 

3,654 

23 

43 

1,979 

23 

69 

5,186 

24 

32 

1,122 

24 

58 

3,786 

23 

44 

2,081 

23 

70 

5,345 

24 

33 

1,194 

24 

59 

3,920 

23 

45 

2,173 

23 

71 

5,508 

24 

34 

1,268 

24 

60 

4,056 

23 

46 

2,273 

23 

72 

5,673 

24 

35 

1,346 

24 

61 

4,196 

23 

47 

2,374 

24 

10 

76 

24 

36 

1,426 

24 

62 

4,338 

23 

48 

2,478 

24 

11 

94 

24 

37 

1,510 

24 

63 

4,482 

23 

49 

2,582 

24 

12 

116 

24 

38 

1,596 

24 

64 

4,630 

23 

50 

2,691 

24 

13 

142 

24 

39 

1,686 

24 

65 

4,780 

23 

51 

2,800 

24 

14 

172 

24 

40 

1,778 

24 

66 

4,934 

23 

52 

2,911 

24 

15 

206 

24 

41 

1,872 

24 

67 

5,090 

23 

53 

3,024 

24 

16 

242 

24 

42 

1,968 

24 

68 

5,250 

23 

54 

3,139 

24 

17 

282 

24 

43 

2,066 

24 

69 

5,412 

23 

55 

3,258 

24 

18 

324 

24 

44 

2,172 

24 

70 

5,578 

23 

56 

3,379 

24 

19 

368 

24 

45 

2,268 

24 

71 

5,748 

23 

57 

3,501 

24 

20 

414 

24 

46 

2,372 

24 

72 

5,920 

23 

58 

3,628 

24 

21 

462 

24 

47 

2,478 

Measurement  of  logs  of  greater  length. 

f  3.  For  the  measureraent  of  logs  of  any  greater  length  than  indicated  in  the  table 
set  forth  in  section  two  of  this  act,  the  computation  shall  be  made  in  accordance  with 
table. 

Logs,  how  measured. 

$  4.  All  logs  shall  be  measured  at  the  small  end  and  inside  the  bark,  and  the  eon- 
tents  computed  according  to  section  two  of  this  act.     [Amendment,  Stats.  1880,  p.  119.] 

Allowances  made. 

$  5.  Allowance  shall  be  made  for  rot,  shake,  or  other  defect  in  logs  measured  by  this 
scale  and  under  the  provisions  of  this  act,  so  as  to  make  the  survey  express  the  actual 
quantity  of  merchantable  lumber  in  each  log. 


$  6.     This  act  shall  take  effect  immediately. 


1.  Quarter     scale     method. — As     to     the 

"quarter  scale"  method  of  scaling  timber, 
.see  Bulock  v.  Consumer's  Lumber  Co.,  3 
Cal.  Unrep.   609. 

2.  Both  parties  bonnd  by  decision  ot 
scaler. — Whpre  a  contract  for  the  purchase 
and   sale    of   merchantable    timber    provides 


that  the  merchantable  character  of  the  tim- 
ber shall  be  passed  on  by  a  licensed  scaler, 
in  the  absence  of  fraud,  both  parties  are 
bound  by  the  decision  of  such  scaler. — Bul- 
lock V.  Consumer's  Lumber  Co.,  3  Cal. 
Unrep.   609. 


LOMPOC. 

See  Act  3094,  note. 


1480 


LONG    BEACH. 


Act  2574 


CHAPTER  200. 
LONG  BEACH. 

CONTENTS  OF  CHAPTER. 

ACT  2574.     Freeholders'   Charter. 
2575.     Tide  Land  Grant. 

FREEHOLDERS'  CHARTER. 

ACT  2574— Freeholders'  charter. 

History:  Ratified  at  an  election  held  February  5,  1907;  adopted 
February  26,  1907,  Stats.  1907,  p.  1176.  Amended  October  14,  1914. 
Filed  with  the  secretary  of  state  January  28,  1915,  Stats.  1915,  p.  1652. 


Originally  incorporated  as  a  city  of  the 
sixth  class  in  1888  under  the  general  law  of 
883.  Disincorporated  in  1896.  Incorporated 
in  1897  under  the  general  law  of  1883,  as  a 
city  of  the  sixth  class. 

See   Act   2575,   annotations. 

1.  Freeholder  charters,  operation  of^ 
Adjacent  lands. — A  freeholder  charter  is 
operative  over  such  territory  only  as  is  al- 
ready erected  into  a  municipality,  and  the 
constitution  has  not  delegated  to  cities  the 
power,  in  framing  such  charters  to  annex 
adjacent  territory  without  consulting  the 
inhabitants  of  such  territory. — People  ex 
rel.  Scholler  v.  Long  Beach,  155  Cal.  604. 

2.  Same — Legislative  approval  of,  annex- 
ing adjacent  lands,  does  not  oiierate  to  in- 
clude.— The  approval  by  the  legislature  of 
a  freeholder's  charter  including  adjacent 
territory  not  legally  annexed  does  not  have 
the  effect  of  fixing  the  boundaries  of  such 
city  so  as  to  include  such  territory. — Peo- 
ple ex  rel.  Scholler  v.  Long  Beach,  155  Cal. 
604. 

3.  Charter  invests  city  ■with  control  over 
public  utilities. — The  charter  of  Long  Beach 
invests  the  power  of  control  over  its  util- 
ities in  the  city  itself,  and  the  commission 
has  no  jurisdiction  therein. — Long  Beach 
Chamber  of  Commerce  v.  Pacific  Electric 
Co.,  3  R.  C.  D.  611. 

4.  PoTver  of  utilities  can  not  be  divested 
by  charter  amendment. — The  powers  now 
vested  in  municipalities  over  public  utilities 
can  not  be  divested  through  a  charter 
amendment,  but  must  be  brouglit  about  un- 
der the  scheme  provided  by  the  legislature. 
• — Long  Beach  Chamber  of  Commerce  v.  Pa- 
cific Electric  Co.,   2  R.  C.  D.,  455. 

5.  Construction  of  charter  provisions  re- 
luting  to  certain  improvements. — Subdivi- 
sion 8  of  section  3,  of  article  XI,  of  the  Long 
Beach  charter,  providing  for  a  two-thirds 
vote  on  the  question  of  a  bond  issue  for 
the  improvements  named,  is  limited  to  such 
improvements  and  can  not  be  construed  as 
applying  to  the  improvements  of  a  differ- 
ent nature  specified  in  subdivision  11  of 
section  21,  of  the  same  article,  as  to  which 
a  different  rule  is  provided. — City  of  Long 
Beach  v.  Boynton,  17  Cal.  App.   290. 

6.  Same — Construction  of  new  pier. — Is- 
sue of  bonds  for  the  construction  of  a  new 

Gen.  Laws^94 


pier  costing  in  excess  of  the  Income  and 
revenue  for  one  year,  is  not  governed  by 
subdivision  8  of  section  3  of  article  XI  of 
the  Long  Beach  charter,  but  by  section  21 
of  that  article,  and  an  issue  of  bonds  au- 
thorized by  two-thirds  of  the  vote  on  the 
bond,  but  by  less  than  two-thirds  of  the 
votes  cast  at  the  election,  is  invalid. — City 
of  Long  Beach  v.  Boynton,  17  Cal.  App.  290. 

7.  Power  to  accept  tideland  grant. — The 
city  of  Long  Beach  is  empowered  by  its 
charter  to  accept  a  grant  of  tideland  prop- 
erty from  the  state. — City  of  Long  Beach 
v.  Lisenby,  175  Cal.  575-579,  166  Pac.  333. 

8.  Power  to  use  tidelands  for  harbor  con- 
struction.— The  city  of  Long  Beach  is  au- 
thorized under  the  provisions  of  the  acts 
of  1911  (p.  1304  and  p.  1462)  and  certain 
charter  provisions  (article  I,  section  3,  sub- 
divisions 4,  5,  28;  article  XV,  section  9,  and 
article  XXV,  section  6)  to  use  the  tide  and 
submerged  lands  within  its  boundaries  for 
harbor  construction  and  improvement. — 
City  of  Long  Beach  v.  Lisenby,  175  Cal.  575, 
579,   166  Pac.   333. 

9.  Charter  does  not  permit  dredging,  etc. 
— Subdivision  11,  section  1,  article  II,  of 
the  Long  Beach  charter  does  not  contain  a 
grant  of  power  to  the  city  to  improve  its 
harbor  by  dredging,  deepening  and  im- 
proving the  slips. — City  of  Long  Beach  v. 
Lisenby,   175  Cal.   575. 

10.  Words  and  phrases — "Waterfront." — 
The  word  "waterfront"  in  subdivision  11, 
section  1,  article  II,  of  the  Long  Beach 
charter,  does  not  include  the  water  com- 
prising the  harbor  and  the  underlying  land, 
but  means  the  land  or  land  and  buildings 
fronting  on  the  body  of  water. — City  of 
Long  Beach  v.  Lisenby,  175  Cal.  575,  577,  166 
Pac.  333. 

11.  Bonds — Curative  act  did  not  validate. 
— The  curative  act  of  1911  (Stats.  1911,  p. 
421)  did  not  validate  bonds  authorized  by 
a  vote  of  less  than  two-thirds  of  the  quali- 
fied electors  voting  at  the  election. — City  of 
Long  Beach  v.  Boynton,  17  Cal.   App.   290. 

12.  Same — "Municipal  aflfair." — The  is- 
sue of  bonds  for  a  municipal  improvement 
is  a  "municipal  affair,"  with  which  the  legis- 
lature can  not  interfere,  and  a  curative  act 
can  not  validate  such  bonds. — City  of  Long 
Beach  v.  Boynton,  17  Cal.  App.  290. 


k 


r5,§i 


GENERAI>   LAWS.  '  1490 


TIDE  LAND  GRANT. 
ACT  2575 — An  act  granting  to  the  city  of  Long  Beach  the  tide  lands  and  submerged 
lands  of  the  state  of  California  within  the  boundaries  of  the  said  city. 
History:    Approved  May  11,  1911,  Stats.  1911,  p.  1304. 

Tide  lands  granted  to  Long  Beach.  Purposes  for  which  lands  may  he  used.  Harbor 
improved  without  expense  to  state.  Discrimination  in  rates.  Right  to  fish  reserved. 
§  1.  There  is  hereby  granted  to  the  city  of  Long  Beach,  a  municipal  corporation  of 
the  state  of  California,  and  to  its  successors,  all  the  right,  title  and  interest  of  the  state 
of  California,  held  by  said  state  by  virtue  of  its  sovereignty,  in  and  to  all  the  tide  lands 
and  submerged  lands,  whether  filled  or  unfilled,  within  the  present  boundaries  of  said 
city,  and  situated  below  the  line  of  mean  high  tide  of  the  Pacific  Ocean,  or  of  any  har- 
bor, estiiar}^,  bay  or  inlet  within  said  boundaries,  to  be  forever  held  by  said  city,  and 
by  its  successors,  in  trust  for  the  uses  and  purposes,  and  upon  the  express  conditions 
following,  to  wit: 

(a)  That  said  lands  shall  be  used  by  said  city  and  by  its  successors,  solely  for  the 
establishment,  improvement  and  conduct  of  a  harbor,  and  for  the  construction,  mainte- 
nance and  operation  thereon  of  wharves,  docks,  piers,  slips,  quays,  and  other  utilities, 
structures  and  appliances  necessary  or  convenient  for  the  promotion  and  accommoda- 
tion of  commerce  and  navigation,  and  said  city,  or  its  successors,  shall  not,  at  any  time, 
grant,  convey,  give  or  alien  said  lands,  or  any  part  thereof,  to  any  individual,  firm  or 
corporation  for  any  purpose  whatsoever;  provided,  that  said  city,  or  its  successors,  may 
grant  franchises  thereon,  for  limited  periods,  for  wharves  and  other  public  uses  and 
purposes,  and  may  lease  said  lands,  or  any  part  thereof,  for  limited  periods,  for  pur- 
poses consistent  with  the  trusts  upon  which  said  lands  are  held  by  the  state  of  Cali- 
fornia and  with  the  requirements  of  commerce  or  navigation  at  said  harbor; 

(b)  That  said  harbor  shall  be  improved  by  said  city  without  expense  to  the  state,  and 
shall  always  remain  a  public  harbor  for  all  purposes  of  commerce  and  navigation,  and 
the  state  of  California  shall  have,  at  all  times,  the  right  to  use,  without  charge,  all 
wharves,  docks,  piers,  slips,  quays  and  other  improvements  constructed  on  said  lands, 
or  anv  part  thereof,  for  any  vessel  or  other  water  craft,  or  railroad,  owned  or  operated 
by  the  state  of  California; 

(c)  That  in  the  management,  conduct  or  operation  of  said  harbor,  or  of  any  of  the 
utilities,  structures  or  appliances  mentioned  in  paragraph  (a),  no  discrimination  in 
rates,  tolls,  or  charges,  or  in  facilities,  for  any  use  or  service  in  connection  therewith 
shall  ever  be  made,  authorized  or  permitted  by  said  city  or  by  its  successors; 

Reserving,  however,  in  the  people  of  the  state  of  California  the  absolute  right  to  fish 
in  the  waters  of  said  harbor,  with  the  right  of  convenient  access  to  said  waters  over 
said  lands  for  said  purpose. 

See  Act  2574,  annotations.  Incur  a  bonded  indebtedness  therefor. — City 

1.  Power   to    accept    grant. — The    city    of  of  Long  Beach  v.  Lisenby,  175  Cal.  575. 
Long  Beach  is  empowered  by  its  charter  to  Tidelands — Action    to    qnlet    title. — In    an 

accept   a   grant    of    tideland    from    the    state  action   to   quiet  title   brought  by   the   owner 

upon  such   trusts  and  conditions  as  may  be  of    land    adjacent    to    and    above    ordinary 

imposed    by    law. — City    of    Long    Beach    v.  high   tide,   against   a   municipality,   claiming 

Lisenby,  175  Cal.  575.  such    land   by   dedication   and  acceptance   as 

2.  Power  to  use  tidelands  for  harbor  a  public  street,  where  the  defendant,  by 
purposes  and  to  create  bonded  indebted-  oral  compromise,  and  by  answer,  admitted 
ncss. — Under  its  charter  and  the  act  of  1911  plaintiff's  title,  the  judgment  declaring  that 
(Stats.  1911,  p.  1304),  Long  Beach  has  plaintiff  was  the  owner  of  the  land  was  a 
power  to  use  the  tide  and  submerged  lands  determination,  conclusive  upon  the  city 
granted  to  it  by  the  latter  act  for  harbor  and  the  public,  and  operated  to  divest  the 
construction   to   improve   its   harbor   and   to  public  use  and  establish  plaintiff's   title,   as 


1491 


LOS    ANGELES    CITY. 


Act  25S0 


fully  as  If  the  city  held  the  land  in  its 
proprietary  capacity,  or  as  if  it  were  a 
natural  person,  even  if  the  judgment  was 
erroneous  in  point  of  law. — Strand,  etc., 
Co.  V.  Long  Beach,  173  Cal.  765. 

3.  Grant  a  present  grant. — The  grant  of 
tide  and  submerged  lands  to  the  city  of 
Long  Beach,  made  by  the  act  of  May  1, 
1911  (Stats.  1911,  p.  1304)  is  a  present 
grant  and  refers  to  conditions  existing, 
and  does  not  convey  any  lands  then  above 
mean  high  tide. — Strand  Improvement  Co. 
V.  Long  Beach,  173  Cal.  765,  769,  161  Pac. 
975. 

4.  Power  to  dredse,  etc.,  not  given. — The 


city  of  Long  Beach  Is  not  empowered  un- 
der subdivision  11,  section  1,  article  II,  of 
its  charter,  to  improve  the  harbor  by 
dredging,  deepening,  and  improving  chan- 
nels and  slips. — City  of  Long  Beach  v.  Lis- 
enby,   175   Cal.   575,   576,   166   Pac.   333. 

Words  and  phrases — "Waterfront." — The 
word  "waterfront"  in  subdivision  11,  sec- 
tion 1,  article  II,  of  the  Long  Beach  char- 
ter, means  the  land  or  land  and  buildings 
fronting  on  the  body  of  water  and  does 
not  include  the  water  comprising  the  har- 
bor and  the  underlying  land. — City  of  Long 
Beach  v.  Lisenby,  175  Cal.  575. 


CHAPTER  201. 
LOS  ANGELES  CITY. 


CONTENTS  OF  CHAPTER. 

ACT  2580.  Freeholders'  Charter. 

2582.  Irrigation   Improvement  Fund  Bond  Act. 

2583.  Main  Sewer  Fund  Bond  Act. 

2584.  General  Irrigation  Fund  Bond  Act. 

2585.  Los  Angeles  Street  Bond  Act. 

2586.  Ratifying  Deed  to  T.  A.  Sanchez. 

2587.  Ratifying  Certain  Acts  of  City  CouNcrL. 
2591.  Pollution  of  Public  Zanjas. 

2593.  Dedication  of  Land  for  the  Widening  op  Vermont  Avenuk, 

2596.  Tide  Land  Grant. 

2597.  Tide  Lands  Required  for  Public  Purposes. 

2598.  Protection  of  Navigation  Act  of  1917. 
2600.  Protection  of  Navigation  Act  of  1919. 

FREEHOLDERS'  CHARTER. 
ACT  258D — Freeholders'  charter. 

History:  Ratified  at  an  election  held  October  20,  1888.  Adopted 
January  31,  1889,  Stats.  1889,  p.  455.  Amended  (1)  December  1.  1902. 
adopted  January  30,  1903,  Stats.  1903,  p.  555;  (2)  December  5,  1904, 
adopted  February  16,  1905,  Stats.  1905,  p.  980;  (3)  December  4,  1906, 
adopted  February  19,  1907,  Stats.  1907,  p.  1160;  (4)  February  2,  1909, 
adopted  March  12,  1909,  Stats.  1909,  p.  1289;  (5)  March  6,  1911,  filed 
■with  the  secretary  of  state  March  25,  1911,  Stats.  1911,  p.  2051;  (6) 
January  13,  1913,  filed  with  the  secretary  of  state  February  4,  1913, 
Stats.  1913,  p.  1513;  (7)  March  24,  1913,  filed  with  the  secretary  of 
state  April  7,  1913,  Stats.  1913,  p.  1629;  (8)  October  24,  1916,  filed  with 
the  secretary  of  state  January  17,  1917,  Stats.  1917,  p.  1686;  (9)  No- 
vember 5,  1918,  filed  with  the  secretary  of  state  January  24,  1919, 
Stats.  1919,  p.  1430. 


The    city    Avas    origrinally    incorporated    in 

1850,  Stats.  1850,  p.  155.  This  act  was  sup- 
plemented 1851,  p.  329;  1852,  p.  186;  1854, 
p.  205;  1862,  p.  9.  It  was  amended  1863-4, 
p.  80;  1865-6,  p.  15;  1867-8,  pp.  89,  97,  609; 
1871-2,  pp.  128,  623;  1873-4,  p.  633;  1875-6, 
p.  692;  1877-8,  p.  642.  It  was  superseded 
by  incorporating  under  the  present  free- 
holders'  charter. 

1.  Constitutionality — Controlled  by  gen- 
eral statutes. — Under  section  6,  article  XI, 
of  the  constitution,  the  provisions  of  the 
Los  Angeles  charter  are  controlled  by  gen- 
eral statutes. — Davies  v.  Los  Angeles,  86 
Cal.    37. 

2.  Same — TVot  repealed  but  superseded 
by    t;ca<;rul    law. — Section    6,    article    XI,    of 


the  constitution,  as  it  stood  prior  to  the 
amendment  of  1896,  is  not  to  be  construed 
as  providing  that  charter  provisions  are 
repealed  by  a  general  law  on  the  subject 
but  that  they  are  superseded  during  the 
operation  of  the  paramount  law. — Byrne  v. 
Drain,    127   Cal.    663. 

3.  Same — Approval  of  charter. — The  ap- 
proval of  the  Los  Angeles  charter  by  a 
joint  resolution  of  both  houses  of  the  legis- 
lature was  sufficient  under  the  constitution, 
to  give  it  validity,  and  the  enactment  of  a 
bill  approved  by  the  governor  was  not 
necessary. — Brooks    v.    Fischer,    79    Cal.    173. 

4.  Same— Same — Not  exerol.«ie  of  <'la'»v- 
making  power." — The  legislature  in  ap- 
proving  a   freeholder   charter   does   not   ex- 


Ao«  25S0 


GENERAL,   LAWS. 


1492 


erclse  the  law-making  power  In  the  sense 
understood  In  section  13,  article  XI,  of  the 
constitution. — Mesmer  v.  Board,  etc.,  23 
Cal.    App.    578. 

a.  Same — Snme — I,eB:l«Ia<ure  acts  as  dis- 
tinct body. — The  losislature  is  a  distinct 
body,  consisting  of  the  senate  and  assembly, 
and  Is  empowered  by  the  constitution  to 
act  Independently  In  the  approval  of  city 
charters  framed  under  section  8,  article  XI, 
of  the  constitution. — Brooks  v.  Fischer,  79 
Cal.   173. 

ft.  Same — Same — Governor's  approval  not 
refiiiirod. — The  legislature  and  the  law- 
making power  are  not  synonymous,  and, 
except  in  the  enactment  of  laws,  does  not 
include  the  g-overnor. — Brooks  v.  Fischer, 
79   Cal.    173. 

7.  Same — Same — Resolution  sufflclent  — 
Title  ot  resolution  sufficient. — A  resolution 
"approving  thirteen  certain  amendments  to 
the  charter  of  Los  Angeles,"  without  speci- 
fying the  subject  of  such  amendments,  is 
not  obnoxious  to  the  constitutional  require- 
ment that  the  subject  of  every  act  must 
be  expressed  in  the  title,  and  each  act  must 
embrace  but  one  subject. — In  re  Pfahler, 
150  Cal.  71. 

8.  Same — Words  and  phrases — "Legisla- 
tlve  authority." — The  words  "legislative 
authority"  in  section  8.  article  XI,  of  the 
constitution,  were  simply  intended  to  desig- 
nate the  particular  body  which  it  was 
recognized  would  exist  under  some  name 
or  other  in  every  municipality  as  the  proper 
official  agency  to  submit  proper  amend- 
ments to  charters,  and  were  not  intended  to 
define  the  powers  of  that  body,  or  place  it 
in  a  position  where  it  would  be  beyond  re- 
strictions by  the  organic  act  of  the  city. — 
In  re.  Pfahler,  150  Cal.   71. 

J>.  Same — Provisions  of  section  8,  article 
XI.  mandatory  and  prohibitory. — The  pro- 
visions of  section  8,  article  XI,  of  the  con- 
stitution, relating  to  the  adoption  and 
amendment  of  freeholder  charters,  is  man- 
datory and  prohibitory. — Blanchard  V. 
Hartwell,  131  Cal.   263. 

10.  Same  —  Amendment  —  Legislature 
power. — The  legislature  has  no  power  to 
mould  or  amend  a  freeholder  charter  when 
It  is  before  it  for  approval. — Mesmer  v. 
Board,  etc.,  23  Cal.  App.  578. 

10a.  Same — .4inendinc  cfTect  of  state 
laws. — A  municipal  freeholder  charter  in 
municipal  affairs  is  superior  to  state  laws, 
and  the  legislature  has  no  power  to  amend 
or  repeal  such  charter. — Mesmer  v.  Board, 
etc.,   23  Cal.   App.  578. 

10b.  Same — Same — Power  of  taxation  for 
revenue. — Under  a  freeholder  charter  con- 
ferring the  power  of  taxing  for  purposes 
of  revenue,  the  exercise  of  such  power  is 
a  municipal  affair,  and  such  power  can  not 
be  withdrawn  or  abrogated  by  the  legisla- 
ture.— Ex  parte  Braun,   141   Cal.   204. 

11.  Same — Powrer  to  frame  uew  charter. 
— A  freeholders*  charter  can  be  amended 
only  in  the  manner  prescribed  by  the  con- 
stitution, at  Intervals  of  two  years,  and  a 
new  charter  can  not  be  framed  by  a  second 


board  of  freeholders  and  adopted  by  a  ma- 
jority vote. — Blanchard  v.  Hartwell,  131 
Cal.  263. 

12.  Same  —  Public  service  commission 
amendment. — The  public  service  commis- 
sion amendment  of  1911  of  the  Los  An- 
geles charter  is  not  violative  of  section  13, 
article  XI,  of  the  constitution,  forbidding 
delegation  of  municipal  functions  to  spe- 
cial commissions. — Mesmer  v.  Board,  etc.. 
23   Cal.   App.    578. 

l.H.  Same — Owner.ship  and  operation  of 
electric  power  plants. — The  constitution 
does  not  forbid,  either  expressly  or  by  Im- 
plication, the  acquisition,  ownership  or 
operation  by  a  municipality  of  electric 
power  plants  for  the  public  service,  nor 
does  it  prohibit  the  granting  of  power  to 
acquire,  own,  and  operate  such  plants. — 
Clark  V.  Los  Angeles,   160  Cal.  30. 

14.  Same — Section  207  constitutional. — 
Section  207,  charter  of  Los  Angeles,  is  con- 
stitutional and  valid,  and  is  not  in  conflict 
with  section  6,  article  XI,  of  the  constitu- 
tion, nor  with  the  provisions  of  the  Civil 
Code  concerning  the  manner  of  creating 
contracts. — Frick  v.  Los  Angeles.  115  Cal. 
512. 

15.  Same — Entire  charter  not  invalid  be- 
cause of  few  provisions. — An  entire  munici- 
pal charter  can  not  be  held  invalid,  be- 
cause a  few  of  its  provisions,  were,  at  the 
time  of  its  adoption,  inconsistent  with  gen- 
eral statute. — Brooks  v.  Fischer,  79  Cal. 
173. 

16.  Same — No  powrer  to  establish  police 
court. — A  police  or  other  inferior  court  of 
a  city  can  not  be  established  by  freeholder 
charter. — People  v.   Toal,   3  Cal.  Unrep.  227. 

17.  Same — Exercise  of  privilegre  to  create 
police  court — Creation  of  second  police 
court  by  legislature. — The  legislature  can 
not  create  another  police  court  in  a  city 
which  has  exercised  the  permissive  author- 
ity of  section  S^^,  article  XI,  of  the  consti-. 
tution,  and  created  a  police  court  by  its 
freeholder  charter. — Fleming  v.  Ilance,  153 
Cal.    162. 

IS.  Snme — Power  to  establish  police 
court  permi.ssive  only. — Section  SVz,  article 
XI,  of  the  constitution,  authorizing  the  es- 
tablishment of  police  courts  by  freeholder 
charters,  Is  permissive  only,  and  does  not 
preclude  the  legislature  from  establishing 
such  courts  where  the  municipality  has  not 
exercised  this  permissive  authority. — Flem- 
ing v.   Hance,   153  Cal.   162. 

19.  Same — Provision  for  police  court  not 
validated  by  subsequent  constitutional 
amendment. — A  provision  in  the  Los  An- 
geles charter  for  a  police  court  was  void, 
ab  initio  and  was  not  revived  or  validated 
by  the  addition  of  section  8^4,  article  XI, 
of  the  constitution,  authorizing  such  a  pro- 
vision in  freeholder  charters. — Fleming  v. 
Hance,   153  Cal.  162. 

19a.  Same — Police  court  provision  In- 
valid—Prosecution of  police  court  cases. — 
The  act  creating  a  police  court  in  Los  An- 
geles is  Invalid,  as  to  the  requirement  that 
the  prosecuting  attorney  in  attendance  up- 
on  such  court  for   the  prosecution  of  state 


1493 


LOS    AXGELES    CITY. 


offense  shall  be  paid  by  the  city. — Fleming 
V.  Hance,   153  Cal.   162. 

19b.  Same — Same — Same.  —  Prosecutions 
for  violations  of  the  charter  and  ordinances 
of  Los  Angeles  are  "municipal  affairs,"  and 
where  the  charter  regulates  the  subject,  it 
controls  the  general  statute  prescribing  the 
duties  of  district  attorney  as  to  that  mat- 
ter.— Fleming   v.   Hance,    153    Cal.   162. 

19c.  Same  —  Same  —  Same.  —  A  county- 
prosecuting  attorney  and  his  assistants  act- 
ing at  the  request  of  the  city  attorney  of 
Los  Angeles  in  prosecuting  violations  of 
the  city  charter  and  ordinances,  do  so  as 
his  deputies,  and  in  the  absence  of  charter 
or  ordinance  authority  can  not  enforce  a 
claim  against  the  city  for  such  services. — 
Fleming   v.   Hance.    153   Cal.    162. 

20.  Same -^  Provision  as  to  deposit  of 
public  money. — The  provisions  of  section  44 
of  the  charter,  relating  to  the  deposit  of 
public  moneys  is  unconstitutional  and  void 
under  section  13,  article  II,  of  the  consti- 
tution.— Yarnell  v.  Los  Angeles,  87  Cal. 
603. 

21.  Same — Incnrring  indebtedness  in  ex- 
cess of  revenue. — In  the  purchase  of  ground 
and  the  erection  of  an  administration  build- 
ing, and  the  payment  therefor  out  of  the 
revenues  of  the  water  department,  the  pro- 
hibition of  section  18,  article  XI,  of  the 
constitution,  as  to  incurring  indebtedness 
in  excess  of  the  revenue  for  any  one  year, 
is  not  applicable. — Mesmer  v.  Board,  23  Cal. 
App.  578. 

22.  Constrnetion  and  effect — Section  536, 
Civil  Code. — No  provisions  of  the  Los  An- 
geles charter  adopted  in  1889,  impaired 
section  536,  Civil  Code,  as  to  a  grant  of  a 
right  of  way  to  telegraph  companies  in  the 
state. — Postal,  etc.,  Co.  v.  Los  Angeles,  160 
Cal.  129. 

23.  Same — Section  424,  426,  Penal  Code. 
— Section  44  of  the  Los  Angeles  charter, 
relative  to  the  deposit  of  public  funds  is 
in  conflict  with  sections  424  and  426  of  the 
Penal  Code. — Yarnell  v.  Los  Angeles,  87 
Cal.  603. 

24.  Same  —  Liegislative  enactments.  — 
Charter  provisions  have  the  force  and  effect 
of  legislative  enactments,  and  are  subject 
to  the  same  rules  of  construction  and  in- 
terpretation.— Dalton  V.  Lelande,  22  Cal. 
App.    481. 

25.  Same — Same — Judicial  knowledge. — 
The  1911  amendment  of  the  Los  Angeles 
charter  has  the  effect  of  a  law  and  is  a 
matter  of  judicial  knowledge. — Clark  v.  Los 
Angeles,   160  Cal.   30. 

26.  Sanie— Same — Statute  T\ithin  mean- 
ins  of  section  1622,  Civil  Code. — The  char- 
ter of  Los  Angeles  is  a  statute  Avithin  the 
meaning  of  section  1622  of  the  Civil  Code, 
providing  that  all  contracts  may  be  oral 
except  when  required  by  statute  to  be  in 
writing. — Frick  v.  Los  Angeles,  115  Cal.  512. 

27.  Same — Improvenient  of  Los  Angeles 
river. — The  charter  of  Los  Angeles  author- 
ized the  city  to  exercise  the  police  power 
of  the  state  for  local  purposes,  and  the  au- 
thorities of  the  city  had  power  to  improve 
the   channel   and   banks   of   the   Los   Angeles 


river  as  they  might  deem  proper. — De  Baker 
V.   Southern,   etc.,   Co.,   106  Cal.    257. 

2S.  Same — Po^ver  to  regulate  public  util- 
ity corporations. — Subdivision  30,  section  2, 
article  I,  of  the  Los  Angeles  charter,  ex- 
pressly confers  upon  that  city  the  power  to 
regulate  public  service  corporations. — Pin- 
ney  &  Boyle  Co.  v.  Los  Angeles,  etc.,  Corp., 
168  Cal.  12,  15,  Ann.  Cas.  1918D,  471,  L.  R.  A. 
1915C,   282,   141   Pac.   620. 

29.  Same — Same — Electric  power  com- 
pany.— A  corporation  engaged  in  the  busi- 
ness of  supplying  gas  and  electricity  to  the 
inhabitants  of  a  city,  and  in  furnishing 
electricity  for  power  to  be  used  in  the  con- 
sumer's private  business,  is  a  public  utility. 
— Pinney  &  Boyle  v.  Los  Angeles,  etc.,  Corp., 
168  Cal.  12,  14,  Ann.  Cas.  1918D,  471,  L.  R.  A. 
1915C,  282,  141   Pac.  620. 

30.  Same — Test  of  character  of  utility. — 
The  use  which  the  consumer  makes  of  a 
commodity  does  not  furnish  the  test,  as  to 
whether  or  not  the  regulatory  powers  of 
boards  and  commissions  in  dealing  with 
public  utilities  may  be  invoked. — Pinney  & 
Boyle  Co.  v.  Los  Angeles,  etc.,  Corp.,  168 
Cal.  12,  14,  Ann.  Cas.  1918D,  471,  L.  R.  A. 
1915C,  282,  141  Pac.  620. 

31.  Same — Same. — It  is  the  duty  which 
the  purveyor  or  producer  has  undertaken 
to  perform  and  so  owes  to  the  public  gen- 
erally or  to  any  defined  portion  of  it,  as  the 
purveyor  of  a  commodity,  or  as  an  agency  in 
tlie  performance  of  a  service,  which  stamps 
the  purveyor  or  the  agency  as  being  a  pub- 
lic service  utility. — Pinney  &  Boyle  Co.  v. 
Los  Angeles,  etc.,  Corp.,  168  Cal.  12,  14, 
Ann.  Cas.  1918D,  471,  L.  R.  A.  1915C,  282, 
141  Pac.  620. 

32.  Same — Police  power  of  rate  fixing. — 
The  power  of  a  municipality,  in  the  reason- 
able exercise  of  its  police  power,  is  not 
limited,  in  the  matter  of  rate  fixing,  to  the 
establishment  of  a  maximum  rate,  leaving 
the  public  utility  free  to  agree  with  the 
consumer  for  a  less  rate. — Pinney  &  Boyle 
Co.  v.  Los  Angeles,  etc.,  Corp.,  168  Cal.  12, 
15,  Ann  Cas.  1918D,  471,  L.  R.  A.  1915C, 
282,    141    Pac.   620. 

3.3.  Same — Same — Objects  of  rate  regula- 
tion.— The  prevention  of  favoritism  and  dis- 
crimination is  one  of  the  primary  and  most 
important  objects  of  rate  regulation. — Pin- 
ney &  Boyle  Co.  v.  Los  Angeles,  etc.,  Corp.. 
168  Cal.  12,  15,  Ann.  Cas.  1918D,  471,  L.  R.  A. 
1915C,    282,   141    Pac.    620. 

34.  Same-'^Ordinance  fixing  rate  not  dis- 
criminatory.— An  ordinance  which  fixes  the 
rates  to  be  charged  by  a  public  service  cor- 
poration for  a  definite  term,  and  prohibits 
the  charge  of  lesser  rates,  is  not  discrim- 
inatory and  does  not  deny  the  consumers 
due  process  of  law,  because  it  gives  the 
public  service  corporation  the  riglit  to  ap- 
ply for  a  reduction  of  rates  during  the 
term  and  does  not  accord  the  same  right  to 
the  consumers. — Pinney  &  Boyle  Co.  v.  Loa 
Angeles,  etc.,  Corp.,  168  Cal.  12,  16,  Ann. 
Cas.  1918D,  471,  L.  R.  A.  1915C.  282,  141 
Pac.    620. 

35.  Same — Effect  of  ordinance  on  prc- 
exi.sting    contract. — A    contract    between     a 


Aft  ::r.so 


GF.XKRAL  LAWS. 


consumer  and  a  public  service  corporation 
as  to  the  rates  to  be  chargred  for  service 
is  conclusively  presumed  to  have  been  made 
in  contemplation  of  the  power  of  the  proper 
board  or  tribunal  to  fix  rates  in  every  case 
where  such  power  exists  and  may  have 
been  thereafter  legally  exercised. — Pinney 
&  Boyle  Co.  v.  Los  Angeles,  etc..  Corp..  168 
Cal.  12.  18.  Ann.  Cas.  1918D,  471,  L..  R.  A. 
1915C.   282.  141   Pac.   620. 

30.  Same — Power  to  reculate  street  car 
fareii. — By  the  charter  amendments  of  1911 
Los  Angeles  was  vested  with  power  to 
i»egrulate  street  car  fares,  and  where  that 
city  adopted  regulations  under  that  power, 
such  regulations  supersede  general  statutes. 
Suydam  v.  Los  Angeles,  27  Cal.  App.  157. 

37.  Same — Railroad  commission  tTithont 
Jurindirtion. — The  city  charter  of  Los  An- 
geles gives  that  city  the  power  "to  pre- 
scribe the  character  and  quality  of  any  public 
utility  service,"  and  the  commission  is  with- 
oi't  jurisdiction  to  compel  a  gas  company 
to  resume  the  distribution  of  natural  or 
"mtyed  gas"  or  to  require  a  company  con- 
trolling a  natural  gas  supply  to  deliver  to 
certain  distributing  companies  such  quan- 
tities as  they  may  desire  to  purchase,  ex- 
cept where  the  point  of  delivery  is  in  un- 
incorporated territory. — Los  Angeles  v. 
Southern  California  Gas  Co.,   5  R.   C.   D.   13. 

38.  Same — Same. — The  commission  ha^ 
no  jurisdiction  in  matters  relating  to  the 
operation  of  street  railroads  in  Los  An- 
geles.— 6  R.  C.  D.  946. 

30.  Same — Poirer  to  acquire,  etc.,  public 
utilitleH. — The  city  of  Los  Angeles  is  au- 
thorized by  its  charter  to  acquire,  construct, 
and  maintain  docks,  warehouses,  wharves, 
canals,  waterways,  and  to  open  streets  to 
the  navigable  waters  in  its  limits. — Clark 
v.   Los  Angeles,   160   Cal.   317. 

40.  Same — Same — Klectric  power.  —  The 
supplying  of  electric  power  to  the  inhabi- 
tants of  a  city  for  their  private  use  is  a 
public  use,  and  a  dedication  of  a  plant  for 
that  purpose  is  a  dedication  to  a  public  use. 
— Clark  V.  Los  Angeles,   160  Cal.   30. 

41.  Same — Same — Same. — The  supplying 
of  electric  power  for  motive  service  to  the 
inhabitants  of  a  city  is  a  public  service  in 
which  the  city  may  engage. — Clark  v.  Los 
.Angeles.    160   Cal.    30. 

42.  Same— Power  to  establish  electric 
llKht  plant. — Under  subdivision  7.  section  2. 
article  I.  of  the  Los  Angeles  charter,  as 
amended  In  1909,  the  city  was  empowered 
to  establish,  operate  and  maintain  an  elec- 
tric light  plant  to  supply  its  inhabitants 
with  electricity  for  private  use,  and  to  in- 
cur a  bonded  indebtedness  therefor. — Clark 
V.  Los  Angeles.   160  Cal.   30. 

43.  Same — Power  of  public  service  com- 
mlM.sions — Krection  of  administration  build- 
inp. — The  Los  Angeles  board  of  public  ser- 
vice commissioners  are  empowered  under 
the  charter  to  purchase  ground  and  erect 
an  administration  building  for  its  use,  and 
to  pay  the  cost  thereof  from  the  revenue 
of  the  water  department. — Mesmer  v.  Board, 
etc..   23  Cal.   App.   578. 

4-1.      Same — Purcha.se    and    use    of    surplus 


water. — Under  the  power  to  acquire  water 
and  water  rights,  granted  by  its  charter, 
Los  Angeles  had  a  right  to  buy  for  public 
use  surplus  water  supplied  from  an  out- 
side source,  and  for  that  purpose  to  pur- 
chase the  entire  supply  at  such  source,  in- 
cluding the  water  plant,  and  to  operate  the 
same  and,  after  supplying  the  persons  en- 
titled to  use  the  water,  to  devote  the  sur- 
plus to  the  use  of  the  city. — Fellows  v.  Los 
Angeles.  151  Cal.  52. 

45.  Same — Construction  of  public  works 
by  day  lal»or. — Under  its  charter  Los  An- 
geles may  construct  public  works  by  day 
labor,  and  without  letting  a  contract,  and 
neither  section  148  nor  section  207  of  the 
charter  prevents. — Perry  v.  Los  Angeles, 
157  Cal.   146. 

4C.  Same — Power  of  police  commissioners 
Is  quasi  judicial. — The  power  conferred 
upon  the  board  of  police  commissioners  by 
section  95a  of  the  charter  is  limited  and 
quasi  judicial,  and  is  subordinate  to  the 
power  of  the  city  council  and  mayor  to 
regulate  the  liquor  trafHc. — Grumbach  v. 
Lelande,   154   Cal.   679. 

47.  Sanjc — Same — Granting  of  permits. — 
The  duty  of  the  board  of  police  commis- 
sioners to  grant  a  permit  to  one  who  has 
complied  with  the  rules  and  regulations 
prescribed  by  the  council  is  ministerial,  and 
they  can  not  arbitrarily  refuse  to  grant 
such  permit. — Grumbach  v.  Lelande,  154 
Cal.   679. 

48.  Same — Source  of  power  of  taxation. — 
The  source  of  the  power  granted  munici- 
palities under  freeholder  charters  to  raise 
money  for  municipal  purposes  by  taxation 
is  the  direct  grant  of  the  people  through 
the  charter,  and  not  any  grant  of  the  legis- 
lature.—Ex    parte    Braun,    141    Cal.    204. 

49.  Same — License  taxes — Section  3.t6«, 
Political  Code. — The  provisions  of  section 
3366,  Political  Code,  are  not  .Tntilir-fb''-  '-  - 
freeholder  charter  city  where  the  charter 
confers  the  power  of  imposing  ami  coiieti- 
ing  license  taxes  for  revenue. — Ex  parte 
Braun,  141  Cal.  204. 

60.  Same— Forbids  discrimination  in  li- 
cense taxes. — The  provisions  of  the  Los  An- 
geles charter  do  not  require  all  occupation 
licenses  to  be  graded  according  to  the 
amount  of  business  done,  but  it  forbids 
discrimination  between  persons  engaged  in 
the  .same  business,  and  does  not  forbid  a 
uniform  tax  upon  all  persons  engaged  in 
the  same  business. — Los  Angeles  v.  Los 
Angeles,   etc.,   Co.,   152  Cal.    765. 

51.  Same — Bonds  for  school  house. — A 
provision  in  the  Los  Angeles  charter  giv- 
ing the  city  authority  to  issue  bonds  for  a 
school  house  within  the  city  limits,  can  not 
effect  the  power  conferred  on  the  trustees 
of  a  school  district  lying  partly  within  and 
partly  without  the  city,  under  sections  1880- 
1887,  Political  Code,  to  issue  bonds  for  a 
like  purpose. — Los  Angeles  School  District 
v.  Longdon,   148   Cal.   380. 

62.  Same — Limit  of  taxation — Bonds  for 
waterworlis. — The  limitation  of  two  million 
dollars  indebtedness  prescribed  by  the  Los 
Angeles  charter  does  not  include  the   bonds 


1498 


LOS    AXGELES    CITY. 


Act  25S0 


issued  under  the  authority  of  the  consti- 
tution and  general  laws  of  the  state  for  a 
waterworks  system  and  sewage  system  for 
the  benefit  of  the  city. — Los  Angeles  v. 
Hance,  137  Cal.  490. 

53.  Same  —  Initiative,  referendum  and 
recall. — An  initiative  and  referendum  pro- 
vision may  be  incorporated  in  a  freeholder 
charter,  and  such  a  provision  is  not  ob- 
noxious to  section  4,  article  IV,  of  the  fed- 
eral constitution,  which  does  not  prohibit 
tlie  direct  exercise  of  legislative  power  by 
the  people  of  a  subdivision  of  a  state,  in 
local   affairs. — In    re    Pfahler,    150   Cal.    71. 

53a.  Same — Same.  —  An  initiative  and 
referendum  provision  in  the  Los  Angeles 
charter  is  not  obnoxious  to  section  13, 
article  XI,  of  the  constitution. — In  re 
Pfahler,  150  Cal.  71. 

53b.  Same — Same. — It  is  sufficient  that  a 
charter  is  consistent  w^ith  the  constitution 
as  to  municipal  affairs,  and  a  provision  for 
the  initiative  and  referendum  in  a  free- 
holders' charter  is  unaffected  by  the  fact 
that  the  municipal  corporation  act  confers 
no  such  right  on  other  municipal  corpora- 
tions.— In  re  Pfahler,   150  Cal.   71. 

53c.  Same— Prohibition  of  occupations. — 
The  enumeration,  in  subdivision  21,  section 
2,  of  article  I,  of  the  Los  Angeles  charter, 
of  certain  trades,  callings  and  occupations 
which  may  be  prohibited,  is  not  a  limita- 
tion either  of  the  general  police  power  con- 
ferred by  section  11,  article  XI,  of  the 
constitution,  or  of  that  conferred  by  subdi- 
vision 34,  section  2,  article  I  of  the  charter. 
— In  re  Montgomery,  163  Cal.  457,  459,  Ann. 
Cas.   1914A,   130.   125   Pac.   1070. 

53d.  Same — License  tax  on  insurance 
agents. — An  ordinance  imposing  a  license 
tax  upon  insurance  agents,  unconstitu- 
tional as  in  violation  of  section  14,  article 
XIII,  of  the  constitution. — Hughes  v.  Los 
Angeles,    168   Cal.    764,    145    Pac.    94. 

54.  Claims — Necessity  for  demand. — Sec- 
tions 216  and  222  make  a  previous  demand 
a  prerequisite  to  the  maintenance  of  an  ac- 
tion against  the  city  for  the  recovery  of 
taxes  paid,  and  a  complaint  which  fails  to 
allege  such  a  demand  fails  to  state  a  cause 
of  action. — Farmers,  etc.,  Bank  v.  Los  An- 
geles,  151  Cal.   655. 

55.  Same — Public  administrator. — Where 
a  claim  is  made  for  statutory  services  as 
attorney  for  the  public  administrator  un- 
der section  21,  article  Vl,  charter  of  Los 
Angeles,  the  burden  is  on  the  county  coun- 
sel to  show  that  he  rendered  such  services 
in  conducting  the  ordinary  proceedings  in 
probate  of  the  estate. — Estate  of  Murphy, 
171  Cal.   697,  700,  154   Pac.   839. 

56.  City  printing — Contract  for  letting. — 
Under  the  charter  the  initial  steps  for  the 
letting  of  a  contract  for  the  city  printing 
may  be  taken  by  the  council  without  an 
ordinance. — Earl  v.   Bowen,   146   Cal.    754. 

57.  Same — Same — Signing. — The  signing 
of  a  contract  for  the  city  printing  by  the 
city  clerk  w^as  a  mere  ministerial  act,  in- 
volving no  exercise  of  discretionary  power, 
could  be  delegated,  and  the  order  of  the 
city  council  directing  the  clerk  to  sign  the 


contract  carried  with  it  the  authority  to 
sign  and  whether  he  signs  before  or  after 
approval  by  the  council  is  immaterial  to 
the  validity  of  the  contract. — Earl  v.  Bowen, 
146   Cal.   754. 

58.  Library  fund — Expenditures  from. — 
The  question  as  to  the  appropriateness  of 
an  expenditure  out  of  the  Los  Angeles  li- 
brary fund  is  one  for  the  directors,  and  if 
there  could  be  any  state  of  circumstances 
to  justify  it  will  be  presumed  that  such 
state  was  shown  and  acted  upon  by  them. — 
Kelso   V.    Teale,    106   Cal.    477. 

59.  Same — Demand  for  single  item. — A 
demand  against  the  Los  Angeles  library 
fund  for  the  expenses  of  a  delegate  to  the 
world  congress  of  librarians  and  the 
American  library  association  conference, 
is  for  a  single  item  within  the  meaning  of 
section  215  of  the  charter. — Kelso  v.  Teale, 
106  Cal.  477. 

60.  Paries — Acquisition  of  land  for. — The 
provisions  of  section  119b  does  not  prevent 
Los  Angeles  from  acquiring  land  for  park 
purposes  subject  to  use  for  another  purpose 
to  which  it  has  been  dedicated,  where  the 
two  uses  are  consistent  and  capable  of 
existing  together. — Los  Angeles  v.  Los  An- 
geles etc.  Co.,   31  Cal.   App.   100. 

61.  Same — Acceptance  of  gift  of  land  for. 
— The  acceptance  of  a  gift  from  a  private 
person  to  erect  and  maintain  buildings 
upon  a  public  park  of  the  City  of  Los  An- 
geles is  an  exercise  of  a  legislative  func- 
tion not  vested  in  the  city  council  by  .sub- 
division 16,  section  2  of  the  city  charter, 
but  is  withheld  by  the  express  reservation 
of  section  12,  and  vested  in  the  board  of 
park  commissioners  by  subdivisions  (c)  and 
(d)  of  section  118,  and  section  119  of  the 
charter. — O'Melveney  v.  Griffith,  178  Cal. 
1,  5,  171  Pac.  934. 

62.  Same — Pon'er  of  commissioners. — The 
board  of  park  commissioners  of  the  City  of 
Los  Angeles  is  vested  by  the  charter  with 
the  management  and  control  of  the  city 
park  system,  and  of  the  erection  and  main- 
tenance of  all  buildings  thereon,  and  an 
ordinance  which  has  the  effect  to  deprive 
it  of  such  management  and  control  and  the 
erection  of  such  buildings  thereon  is  void. 
— O'Melveney  v.  Griffith,  178  Cal.  1,  4,  171 
Pac.  934. 

63.  Streets — Vrooman  act.  —  The  street 
law  provides  a  complete  scheme  for  street 
work,  and  governs  so  far  as  it  goes,  and  the 
Los  Angeles  charter  can  not  make  a  different 
procedure  by  requiring  more  or  less. — Hell- 
man  v.  Shoulters,  114  Cal.   136. 

64.  Same  ^r-  Same  —  "Municipal  affairs" 
amendment. — The  provisions  of  the  Los  An- 
geles charter  which  were  in  conflict,  at  the 
time  of  its  adoption,  with  the  Vrooman  act 
were  nullified  by  that  act,  and  were  not 
revived  or  reinstated  by  the  "municipal 
affairs"  amendment  of  section  6,  article  XI 
of  the  constitution. — Banaz  v.  Smith,  133 
Cal.  102. 

6.5.  Tunnels  —  Assessments  for. — Neither 
section  2  nor  any  other  part  of  the  amended 
charter  of  Los  Angeles  (Stats.  1911,  p.  2059) 
empowers    the    citj'    to    levy    an    assessment 


ActM  2582,  2583 


GE^NBRAIj  laavs. 


1496 


upon  a  district  for  the  purpose  of  raising- 
the  amount  necessary  for  the  initial  estab- 
lishment of  a  tunnel  for  public  travel  as 
distinguished  from  the  repair  or  improve- 
ment of  an  existing  subterranean  avenue. — 
Thompson  v.  Hance,  174  Cal.  572,  578. 

6«.  Ordinances  —  WorU.«i  and  Phrases  — 
•'Finally  adopted,"  "Final  pa.ssaKe." — The 
phrase  "finally  adopted"  in  section  39,  and 
the  phrase  "final  passage,"  in  section  198b 
of  the  Los  Angeles  charter  are  synonymous, 
and  has  reference  to  the  favorable  action 
on  an  ordinance  by  the  city  council,  as  dis- 
tinct from  its  going  into  effect  after  such 
action  and  publication. — Solomon  v.  Alex- 
ander, 161  Cal.   23. 

67.  Same — Remedy  of  voters. — The  only 
remedy  left  to  the  voters  after  an  ordinance 
has  gone  into  effect,  under  the  Los  Angeles 
charter,  is  by  initiative  for  its  repeal,  and 
not  by  referendum. — Rushton  v.  Lelande, 
15   Cal.   App.   448. 

68.  Initiative,  referendum  and  recall— 
t  ertifieation  of  petition. — The  provision  of 
section  198b  of  the  Los  Angeles  charter  that 
petitions  for  referendum  shall  be  in  all 
respects  in  accordance  with  the  provisions 
of  section  198a,  refers  solely  to  the  form, 
substance  and  certification  of  the  original 
petition,  and  not  to  the  unlimited  amend- 
ment thereof. — Rushton  v.  Lelande,  15  Cal. 
App.   448. 

69.  Same — Amendment  of  petition  after 
thirty  day.s. — The  provisions  of  section  198b 
of  the  Los  Angeles  charter  with  reference 
to  petitions  for  referendum  are  not  subject  to 
tlie  provision  of  section  198a  with  reference 
to  petitions  for  the  initiative  allowing 
amendments  after  thirty  days,  notwith- 
standing the  clause  of  the  former  section 
providing  that  the  petition  shall  be  in  all 
respects  in  accordance  with  the  provisions 
of  the  latter  section. — Rushton  v.  Lelande, 
15   Cal.  App.  448. 

70.  Same — Sufliciency  of  petition. — When, 
under  the  Los  Angeles  charter  a  petition 
signed  by  twenty-five  per  cent  of  the  total 
vote  cast  at  the  last  election  is  required  to 
initiate  proceedings  for  the  recall  of  an 
officer,  and  the  certificate  of  the  clerk  who 
is  required  to  compare  the  petition  with  the 
threat   register,   states   that    2864   votes   were 


so  cast,  and  that  784  names  of  qualified 
electors  were  signed  to  the  petition,  but 
such  certificate  also  states  "514  names  were 
compared  with  the  duplicate  affidavits  of 
registration,  and  the  balance  with  the  orig- 
inals," and  by  the  pleadings  and  stipulations 
and  briefs  in  mandamus  It  is  shown  that 
only  339  names  were  in  fact  on  the  great 
register,  the  proceedings  are  void. — Daven- 
port V.  Los  Angeles,  146  Cal.  508. 

71.  Same — Time  of  filing-  petition. — The 
thirty-day  period  within  which  referendum 
petitions  against  ordinances  may  be  filed 
commences  to  run  from  the  date  of  the 
mayor's  approval,  and  not  from  the  date  of 
publication. — Solomon  v.  Alexander,  161  Cal. 
23. 

72.  Same — Same. — Construing  sections  39 
and  198b  of  the  Los  Angeles  charter,  a 
referendum  petition  against  an  ordinance 
should  be  filed  within  thirty  days  from  the 
approval  of  the  ordinance  by  the  mayor  and 
the  thirty-day  period  does  not  begin  from 
the  date  of  the  publication  of  the  ordinance. 
— Solomon  v.  Alexander,  161  Cal.  23,  25,  US 
Pac.   217. 

73.  Officers— Interest  in  contracts,  etc. — 
The  provisions  of  section  18  of  the  Los  An- 
geles charter  as  forfeiture  of  office  upon 
conviction  of  the  offense  of  voting  on  or 
participating  in  any  contract  or  transaction 
in  which  he  is  interested,  was  not  super- 
seded by  the  recall  provisions  of  the  char- 
ter, but  are  to  be  applied  concurrently  with 
those  provisions. — Betkouski  v.  Superior 
Court,   34    Cal.   App.   117. 

74.  Same — Same. — The  charge  against  a 
member  of  the  Los  Angeles  city  council  for 
violation  of  section  18  of  the  charter  is  not 
triable  in  the  police  court,  but  it  must  be 
tried  in  the  superior  court  on  an  accusation 
under  sections  758  and  772  of  the  Penal 
Code. — Betkouski  v.  Superior  Court,  34 
Cal.    117. 

75.  Same — Same — Clerk  of  police  court. — • 
The  provision  of  the  charter  that  all  ap- 
pointed officers  of  Los  Angeles  shall  hold 
office  for  four  years,  etc.,  has  no  application 
to  the  office  of  clerk  of  the  police  court, 
which  office  is  not  provided  for  in  the 
charter. — Rowe  v.  Rose,   26  Cal.  App.   744. 


IRRIGATION  IMPROVEMENT  FUND  BOND  ACT. 
ACT  2582 — An  act  to  authorize  the  corporation,  the  mayor,  and  common  council  of  the 
city  of  Los  Angeles  to  issue  bonds  and  to  provide  means  for  the  improvement  of  irri- 
gation in  said  city. 

History:    Approved  February  28,  1876,  Stats.  1875-76,  p.  79. 

This    act    authorized    the    issue    of    $75,000    twenty-year    seven    per    cent    bonds    for    the 
'rrigation  improvement  fund. 


MAIN  SEWER  FUND  BOND  ACT. 

ACT  2583 — An  act  to  authorize  the  corporation  of  the  city  of  Los  Angeles  to  issue 

bonds  for  building  a  main  public  sewer  in  said  city,  and  to  provide  for  their  payment. 

history:    Approved  March  23,  1876,  Stats,  1875-76,  p.  398. 

This  act  authorized  the  issue  of  $30,000  twenty-five-year  seven  per  cent  bonds  for  the 
purpose  named  and  crtaved  the  "main  sewer  fund." 


14B7  LOS    AXGELES    CITY.  Acts  25S4-::5i>a,  gg  1,  a 

"GENERAL  IRRIGATION  FUND"  BOND  ACT. 
ACT  2584 — An  act  to  authorize  the  corporation  of  the  city  of  Los  Angeles  to  issue 
bonds  for  improving  the  water  supply  of  said  city,  and  to  provide  for  their  payment. 
History:    Approved  March  20,  1878,  Stats.  1877-78,  p.  387. 

Act  for  Improvement  of  irrigation. — Notwithstanding   its   title   this   was   an   act   for   the 

improvement    of    irrigation,    and    it    authoiized    an    election    for    $60,000    thirty-year    seven 
per  cent  bonds  for  the  purpose  and  created  the  "general  irrigation  fund." 

LOS  ANGELES  STREET  BOND  ACT. 

ACT  2585 — An  act  to  authorize  the  issuance  of  bonds  for  the  payment  of  damages  for 

the  widening  and  extension  of  Los  Angeles  street,  in  the  city  of  Los  Angeles. 

History:    Approved  March  23,  1878,  Stats.  1877-78,  p.  419. 

1.  Act  unconstitutional. — Tlie  court  held  that  this  act  was  unconstitutional  because  it 
attempted  to  legalize  a  void  assessment,  and  also  to  make  new  assessments  for  local 
improvements  in  an  incorporated  city. — Schumacker  v.  Taherman,  56  Cal.  508. 

RATIFYING  DEED  TO  T.  A.  SANCHEZ. 
ACT  2586 — An  act  to  legalize,  ratify,  and  confirm  certain  acts  of  the  mayor  and  com- 
mon council  of  the  city  of  Los  Angeles. 

History:    Approved  February  13,  1872,  Stats.  1871-72,  p.  93. 
This  act  confirmed  a  deed  by  the  city  to  one  T.  A.  Sanchez. 

RATIFYING  CERTAIN  ACTS  OF  CITY  COUNCIL. 
ACT  2587 — An  act  to  ratify  certain  acts  and  proceedings  of  the  council  of  the  city  of 
Los  Angeles. 

History:    Approved  February  12,  187S,  Stats.  1877-78,  p.  74. 
Thia  act  ratified  acts  of  the  council  in  reference  to  public  works. 

POLLUTION  OF  PUBLIC  ZANJAS. 

ACT  2591 — An  act  concerning  watercourses  in  the  city  of  Los  Angeles. 

History:    Approved  April  2,  1870,  Stats.  1869-70,  p.  645. 

This  act  declared  certain  zanjas  public  zanjas  and  provided  a  penalty  for  their 
defilement. 

DEDICATION  OF  LAND  FOR  THE  WIDENING  OF  VERMONT  AVENUE. 

ACT  2593 — An  act  dedicating  certain  land  in  the  city  of  Los  Angeles  for  the  purpose  of 

widening  Vermont  avenue,  and  directing  the  board  of  trustees  of  the  state  normal 

school  at  Los  Angeles  to  convey  the  same  to  the  city  of  Los  Angeles  for  that  purpose. 

History:    Approved  June  5.  1913.     In  effect  August  10,  1913.     Stats. 
1913,  p.  387. 

Los  Angeles  normal  school  land  dedicated  for  widening  Vermont  avenue. 

§  1.  There  is  hereby  dedicated  to  the  public  for  the  purpose  of  widening  Vermont 
avenue  in  the  city  of  Los  Angeles,  that  portion  of  the  school  lands  of  the  state  normal 
school  at  Los  Angeles  described  as  follows,  to  wit:  A  strip  twenty  (20)  feet  in  width 
lying  along  the  west  side  of  and  adjacent  to  Vermont  avenue  between  Monroe  street 
and  Willowbrook  avenue. 

Conveyance  by  board  of  trustees. 

$  2.  The  board  of  trustees  of  said  state  normal  school  are  authorized  and  directed 
to  deliver  to  said  city  of  Los  Angeles,  a  conveyance  of  said  described  strip  of  land,  to 
be  used  for  the  purpose  aforesaid,  and  to  cause  the  said  conveyance  to  be  executed  by 
its  president  or  any  member  of  the  board  whom  they  may  designate  for  that  purpose, 
and  to  be  attested  by  its  secretary  under  the  seal  of  the  said  board. 


AcC^OUU.  S8  l>a  GENERAL.   LAWS.  1498 

TIDE  LAND  GRANT. 

ACT  2596 — An  act  granting  to  the  city  of  Los  Angeles  the  tide  lands  and  snhmerged 

lands  of  the  state  within  the  boundaries  of  the  said  city. 

History:     Approved    May    1,    1911.    Stats.    1911,    p.    1256.      Amended 
April  20,  1917.     In  effect  July  27,  1917.     Stats.  1917,  p.  159. 

Tidelands  granted  to  Los  Angeles. 

^  1.  There  is  hereby  g^ranted  to  the  city  of  Los  Angeles,  a  municipal  corporation  of 
the  state  of  California,  and  to  its  successors,  all  the  right,  title  and  interest  of  the  state 
of  California,  held  by  said  state  by  virtue  of  its  sovereignty,  in  and  to  all  tidelands  and 
submerged  lands,  whether  filled  or  unfilled,  within  the  present  boundaries  of  said  city, 
and  situated  below  the  line  of  mean  high  tide  of  the  Pacific  ocean,  or  of  any  harbor, 
estuary,  bay  or  inlet  within  said  boundaries,  to  be  forever  held  by  said  city,  and  by  its 
successors,  in  trust  for  the  uses  and  purposes,  and  upon  the  express  conditions,  follow- 
ing, to  wit : 

Purposes  for  which  lands  may  be  used. 

(a)  That  said  lands  shall  be  used  by  said  city,  and  by  its  successors,  solely  for  the 
establishment,  improvement  and  conduct  of  a  harbor,  and  for  the  construction,  main- 
tenance and  operation  thereon  of  wharves,  docks,  piers,  slips,  quays  and  other  utilities, 
structures  and  appliances  necessary  or  convenient  for  the  promotion  and  accommoda- 
tion of  commerce  and  navigation,  and  said  city,  or  its  successors,  shall  not,  at  any  time, 
grant,  convey,  give  or  aJien  said  lands,  or  any  part  thereof,  to  any  individual,  firm  or 
corporation  for  any  purpose  whatsoever;  provided,  that  said  city,  or  its  successors,  may 
grant  franchises  thereon  for  limited  periods,  in  any  event  not  to  exceed  thirty  years  for 
wharves  and  other  public  uses  and  purposes,  and  may  lease  said  lands,  or  any  part 
thereof,  for  limited  periods,  in  any  event  not  to  exceed  thirty  years  for  any  and  all  pur- 
poses which  shall  not  interfere  with  commerce  or  navigation,  and  are  not  inconsistent 
with  the  trusts  upon  which  said  lands  are  held  by  the  state  of  California. 

Harbor  improved  without  expense  to  state. 

(b)  That  said  harbor  shall  be  improved  by  said  city  without  expense  to  the  state, 
and  shall  always  remain  a  public  harbor  for  all  purposes  of  commerce  and  navigation, 
and  the  state  of  California  shall  have,  at  all  times,  the  right  to  use,  without  charge,  all 
wharves,  docks,  piers,  slips,  quays  and  other  improvements  constructed  on  said  lands, 
or  any  part  thereof,  for  any  vessel  or  other  water  craft,  or  railroad,  owned  or  operated 
by  the  state  of  California; 

No  discrimination  in  rates. 

(c)  That  in  the  management,  conduct  or  operation  of  said  harbor,  or  of  any  of  the 
utilities,  structures  or  appliances  mentioned  in  paragraph  (a),  no  discrimination  in 
rates,  tolls,  or  charges,  or  in  facilities,  for  any  use  or  service  in  connection  therewith 
shall  ever  be  made,  authorized  or  permitted  by  said  city,  or  by  its  successors; 

Bight  to  fish  reserved  to  people. 

Reserving,  however,  in  the  people  of  the  state  of  California,  the  absolute  right  to 
fish  in  the  waters  of  said  harbor,  with  the  right  of  convenient  access  to  said  waters  over 
said  lands  for  said  purposes.  [Amendment  of  April  20,  1917.  In  effect  July  27,  1917. 
Stats.  1917,  p.  159.] 

i  2.     This  act  shall  take  effect  immediately. 

1.     Effect  of  act  to  revoke  Banning  leaiie. — The  effect  of  the  act  of  May  1,  1911    (1256), 

was  to  revoke,  so  far  as  It  could  do  so,  the  Banning  lease,  by  granting  all  the  land 
embraced  therein  to  the  city  of  Los  Angeles,  to  be  used  and  managed  for  the  public 
purposes  of  navigation. — People  v.  Banning  Co.,  166  Cal.  630,  634,  138  Pac.  100. 


k 


1409  LOS    A\  GELES    CITY.  Acts  2597, 2598,  g§  1, 2 

TIDE  LANDS  REQUIRED  FOR  PUBLIC  PURPOSES. 
ACT  2597 — An  act  declaring  that  all  tide  lands  and  submerged  lands  within  the  bound- 
aries of  the  city  of  Los  Angeles  are  required,  and  requiring  such  lands,  for  public 
purposes  of  commerce,  navigation  and  fishing,  and  for  purposes  in  aid  thereof,  and 
ratifying,  approving  and  confirming  the  acts  of  the  attorney  general  in  bringing  and 
prosecuting  certain  suits  in  the  name  of  the  people  of  the  state  of  California,  for  the 
purpose  of  quieting  title  to,  and  for  the  recovery  of  the  possession  of  said  lands. 

History:    Approved  June  6,  1913.     In  effect  August  10,  1913.     Stats. 
1913,  p.  413. 

Tide  lands  within  Los  Angeles  city  required  for  public  use. 

$  1.  That  all  tide  lands  and  submerged  lands,  whether  filled  or  unfilled,  within  the 
present  boundaries  of  the  city  of  Los  Angeles,  a  municipal  corporation  of  this  state, 
and  situated  below  the  line  of  mean  high  tide  of  the  Pacific  Ocean,  or  of  any  harbor, 
bay,  inlet,  estuary  or  other  navigable  water  within  the  present  boundaries  of  said  city, 
are  hereby  declared  to  be,  and  the  same  are  hereby,  required  for  the  public  purposes  of 
commerce,  navigation  and  fishing,  and  for  purposes  in  aid  thereof. 

Attorney  general  to  bring  suit  for  recovery. 

§  2.  That  the  acts  of  the  attorney  general  of  this  state  in  bringing  and  prosecuting 
certain  suits  in  the  courts  of  this  state,  in  the  name  of  and  in  behalf  of  the  people 
thereof,  against  all  persons,  partnerships  or  private  corporations  claiming  or  possess- 
ing the  tide  lands  and  submerged  lands  described  in  section  one  of  this  act,  for  the 
purpose  of  quieting,  in  the  state  of  California,  the  title  to  said  lands,  and  for  the 
recovery  of  possession  of  said  lands  by  said  state,  be  and  the  same  are  hereby  ratified, 
approved  and  confii'med. 

PROTECTION  OF  NAVIGATION  ACT  OF  1917. 

ACT  2598 — An  act  to  appropriate  money  to  be  expended  under  the  direction  of  the 

state  board  of  control  in  co-operation  with  the  federal  government  to  carry  out  the 

project  adopted  by  congress  for  the  protection  of  the  navigability  of  Los  Angeles  and 

Long  Beach  harbors,  and  providing  for  the  future  completion  of  the  entire  project. 

History:    Approved  May  15,  1917.     In  effect  July  27,  1917.     Stats. 
1917,  p.  533. 

Appropriation:  protection  of  Los  Angeles  and  Long  Beach  harbors. 

§  1.  The  sum  of  two  hundred  fifty  thousand  dollars  is  hereby  appropriated  out  of 
any  moneys  in  the  state  treasury  not  otherwise  appropriated,  to  be  expended  under  the 
direction  of  the  state  board  of  control  in  co-operation  with  the  federal  government  to 
carry  out  the  project  adopted  by  congress  for  the  protection  of  Los  Angeles  and  Long 
Beach  harbors  in  accordance  with  the  report  made  by  the  war  department  and  printed 
in  house  document  numbered  four  hundred  sixty-two,  sixty-fourth  congress,  first 
session,  with  such  modifications  and  amendments  as  may  hereafter  be  adopted  by  the 
war  department  er  by  congress. 

Manner  of  expenditure, 

§  2.  The  money  appropriated  by  section  one  of  this  act  shall  be  expended  by  the 
state  board  of  control  in  such  manner  as  will  comply  most  fully  with  the  requirements 
of  the  report  of  the  war  department  referred  to  in  section  one  hereof.  To  that  end  the 
said  board  may  in  its  discretion  cause  the  money  herein  appropriated  to  be  paid  over 
to  the  treasurer  of  the  United  States  for  expenditure  by  the  war  department  or  may 
enter  into  contracts  or  agreements  to  pay  and  may  pay  expenses  that  may  be  incurred 
by  any  other  duly  authorized  agencies  in  furthering  the  purposes  of  this  act.  It  is 
the  intent  and  purpose  of  the  state  of  California  to  provide  a  total  of  one  million  eighty 


Act  2600.  §g  I,  2  GKIVERAL.   l.A'WS.  1500 

thousand  dollars  to  be  expended  in  carrying  out  said  project  in  conjunction  with  the 
expenditure  of  a  like  amount  by  the  federal  government  for  said  project.  No  contract, 
agreement  or  other  obligation  shall  be  entered  into  by  the  state  board  of  control  which, 
together  with  all  other  contracts,  agreements  and  obligations  entered  into  under  this 
act,  will  commit  or  bind  the  state  to  the  payment  of  a  sum  in  the  aggregate  of  more  than 
said  amount  of  one  million  eighty  thousand  dollars. 

PROTECTION  OF  NAVIGATION  ACT  OF  1919. 
ACT  2600 — An  act  to  appropriate  money  to  be  expended  under  the  direction  of  the  state 
board  of  control  in  co-operation  with  the  federal  government  to  carry  out  the  project 
adopted  by  congress  for  the  protection  of  the  navigability  of  Los  Angeles  and  Long 
Beach  harbors. 

History:     Approved  May  22,  1919.     In  effect  July  22,  1919.     Stats. 
1919,  p.  777. 

Appropriation:  protection  of  Los  Angeles  and  Long  Beach  harbors. 

$  1.  The  sum  of  eight  hundred  thirty  thousand  dollars  is  hereby  appropriated  out  of 
any  moneys  in  the  state  treasury  not  otherwise  appropriated,  to  be  expended  under  the 
direction  of  the  state  board  of  control  in  co-operation  with  the  federal  government  to 
carry  out  the  project  adopted  by  congress  for  the  protection  of  Los  Angeles  and  Long 
Beach  harbors  in  accordance  with  the  report  made  by  the  war  department  and  printed 
in  house  document  numbered  four  hundred  sixty-two,  sixty-fourth  congress,  first  session, 
and  in  harmony  with  the  provisions  enacted,  and  moneys  appropriated  for  said  pur- 
poses by  the  forty-second  session  of  the  legislature,  with  such  modifications  and  amend- 
ments as  may  hereafter  be  adopted  by  the  war  department  or  by  congress. 

^  2.  Of  the  amount  appropriated  by  section  one,  two  hundred  fifty  thousand  dollars 
shall  be  available  upon  the  taking  effect  of  this  act  and  five  hundred  eighty  thousand 
dollars  shall  be  available  on  July  1,  1921.  The  amount  herein  appropriated  shall  be 
expended  by  the  state  board  of  control  in  such  manner  as  will  comply  most  fully  with 
the  requirements  of  the  report  of  the  war  department  referred  to  in  section  one  hereof. 
To  that  end  the  said  board  may  in  its  discretion  cause  the  money  herein  appropriated 
to  be  paid  over  to  the  treasurer  of  the  United  States  for  expenditure  by  the  war  depart- 
ment or  may  enter  into  contracts  or  agreements  to  pay  and  may  pay  expenses  that  may 
be  incurred  by  any  other  duly  authorized  agencies  in  furthering  the  purposes  of 
this  act. 


CHAPTER  202. 

LOS  ANGELES  COUNTY. 

References:   Boundaries,  see  Kerr's  Cyc.  Political  Code,  §  3927. 

County  government,  etc.,  see  Kerr's  Cyc.  Political  Code,  §§  4000,  et  seq. 
Superior  judges,  see  Kerr's  Cyc.  Code  Civil  Procedure,  §  67a. 

See,    generally,    tits.   "Expositions";    "Irrigation    and    Irrigation    Districts";    "Tres- 
passing Animals." 

CONTENTS  OF  CHAPTER. 

ACT  2609.  Protection  of  El  Monte  Township  From  Overflow. 

2622.  Bridge  Across  Santa  Ana  Kivee. 

2626.  County  Charter. 

2627.  "Los  Angeles  County  Flood  Control  Act." 

2628.  "Los  Angeles  County  Flood  Control  District" — Bond  Validatioit. 
2631.  "Los  NiETOS  Irrigation  District." 


ISOl  LOS  AXGELES   COUNTY.  Acts  2609-2627,  §  1 

PROTECTION  OF  EL  MONTE  TOWNSHIP  FROM  OVERFLOW. 
ACT  2609 — An  act  to  authorize  the  hoard  of  supervisors  of  Los  Angeles  county  to  pro- 
tect certain  lands  in  El  Monte  township  against  the  overflow  of  San  Gabriel  river. 
History:    Approved  March  28,^  1874,  Stats.  1873-74,  p.  768. 

This  act  authorized  the  appointment  of  three  commissioners,  and  levied  an  assessment 
for  the  cost  of  work. 

BRIDGE  ACROSS  THE  SANTA  ANA  RIVER. 
ACT  2622 — An  act  to  authorize  the  hoard  of  supervisors  of  Los  Angeles  county  to  locate 
and  build  a  bridge  across  the  Santa  Ana  river  in  Los  Angeles  county,  and  to  issue 
bonds  for  the  payment  of  the  same. 

History:    Approved  February  4,  1874,  Stats.  1873-74,  p.  47. 

COUNTY  CHARTER. 
ACT  2626 — Charter  of  Los  Angeles  county. 

History:  Voted  for  and  ratified  at  the  general  election  November  5, 
1912,  filed  with  the  secretary  of  state  January  29,  1913,  Stats.  1913, 
p.  1484. 

1.  Proceedings  for  remoTal  of  county  three  months  preceding  his  election,  means 
officer — Sections  758,  et  seq..  Penal  Code. —  that  the  compensation  of  the  sheriff  during: 
The  provisions  of  the  Penal  Code,  §§  758,  his  term  of  office  shall  be  controlled  by 
et  seq.,  and  not  of  the  Los  Angeles  county  whatever  law  was  in  existence  on  the 
charter,  which  went  into  effect  in  June,  ninety-first  day  preceding  his  election  with 
1913  (Stats.  1913,  p.  1484),  are  applicable  to  respect  to  the  salary  of  that  office  for  and 
a  proceeding  to  remove  a  county  officer  during  the  ensuing  term. — Cline  v.  Lewis, 
serving  a  term  for  which  he  was  elected  in  175  Cal.  315,  317,  165  Pac.  915. 
1910,  and  commencing  in  January,  1911,  in  3.  ordinances — Time  of  taking  effect. — 
view  of  the  provisions  of  the  charter  itself.  i^  the  absence  of  any  provision  the  char- 
— Hunt  V.  Superior  Court,  178  Cal.  470,  471,  ter  of  Los  Angeles  county  determining  the 
173  Pac.  1097;  Lewis  v.  Superior  Court,  178  ^jj^e  when  ordinances  shall  take,  or  as  to 
Cal.    812,   173   Pac.   1099.  the    subjects    of    initiative    and    referendum, 

2.  Construction — Compensation  of  elec-  under  section  7%,  article  XI,  of  the  con- 
tiTe  officers. — Section  52  of  the  charter  of  stitution,  the  provisions  of  the  Political 
Los  Angeles  county  (Stats.  1913,  p.  1500),  Code  as  a  part  of  the  general  law  of  the 
relating  to  the  power  to  increase  or  dimin-  state,  controls. — Cline  v.  Lewis,  175  Cal.  315, 
ish  the  compensation  of  an  elective  county  317,  165  Pac.  915. 
or    township    officer    during    his    term    and 

"LOS  ANGELES  COUNTY  FLOOD  CONTROL  ACT." 
ACT  2627 — An  act  to  create  a  flood  control  district  to  be  called  "Los  Angeles  County 
Flood  Control  District";  to  provide  for  the  control  and  conservation  of  flood  and 
storm  waters,  and  for  the  protection  of  harbors,  waterways,  public  highways  and 
property  in  said  district  from  damage  from  such  waters,  and  for  the  construction  of 
works  and  the  acquisition  of  property  therefor ;  to  authorize  the  incurring  of  indebt- 
edness, and  the  voting,  issuing  and  selling  of  bonds,  and  the  levying  and  collecting  of 
taxes  by  said  district ;  to  provide  for  the  government  and  control  of  said  district,  and 
to  define  the  powers  and  duties  of  the  ofl&cers  thereof. 

History:  Approved  June  12,  1915.  In  effect  August  11,  1915,  Stats. 
1915,  p.  1502. 

Los  Angeles  county  flood  control  district  created. 

L^l.  A  flood  control  district  is  hereby  created,  to  be  called  "Los  Angeles  County 
Flood  Control  District,"  and  the  boundaries  and  territory  of  said  district  shall  be  aa 
follows : 
All  that  portion  of  the  county  of  Los  Angeles  lying  south  of  the  north  line  of  town- 
ship 5  north,  San  Bernardino  base,  excepting  therefrom  the  islands  of  Santa  Catalina 
and  San  Clemente,  and  the  islands  off  the  coast  included  in  Los  Angeles  county. 


Act   2627,  §§2, 3  GENERAL   LAWS.  1503 

Purposes  of  act. 

$  2.  The  objects  and  purposes  of  this  act  are  to  provide  for  the  control  of  the  flood 
and  storm  waters  of  said  district,  and  to  conserA'e  such  waters  for  beneficial  and  useful 
purposes  by  spreading,  storing,  retaining  or  causing  to  percolate  into  the  soil  within 
said  district,  or  to  save  or  conserve  in  any  manner,  all  or  any  of  such  waters,  and  to 
protect  from  damage  from  such  flood  or  storm  waters  the  harbors,  waterways,  public 
highways  and  property  in  said  district. 

Powers. 

Said  Los  Angeles  county  flood  control  district  is  hereby  declared  to  be  a  body  cor- 
porate and  politic,  and  as  such  shall  have  power: 

1.  To  have  perpetual  succession. 

2.  To  sue  and  be  sued  in  the  name  of  said  district  in  all  actions  and  proceedings  in 
all  courts  and  tribunals  of  competent  jurisdiction. 

3.  To  adopt  a  seal  and  alter  it  at  pleasure. 

4.  To  take  by  grant,  purchase,  gift,  devise  or  lease,  hold,  use,  enjoy,  and  to  lease  or 
dispose  of  real  or  personal  property  of  every  kind  within  or  without  the  district  nec- 
essary to  the  full  exercise  of  its  powers. 

5.  To  acquire  or  contract  to  acquire  lands,  rights  of  way,  easements,  privileges  and 
property  of  every  kind,  and  construct,  maintain  and  operate  any  and  all  works  or 
improvements  within  or  without  the  district  necessary  or  proper  to  carry  out  any  of 
the  objects  or  purposes  of  this  act,  and  to  complete,  extend,  add  to,  repair  or  otherwise 
improve  any  works  or  improvements  acquired  by  it  as  herein  authorized. 

6.  To  have  and  exercise  the  right  of  eminent  domain,  and  in  the  manner  provided 
by  law  for  the  condemnation  of  private  property  for  public  use,  to  take  any  property 
necessary  to  can-y  out  any  of  the  objects  or  purposes  of  this  act,  whether  such  prop- 
erty be  already  devoted  to  the  same  use  by  any  district  or  other  public  corporation  or 
agency  or  otherwise,  and  may  condemn  any  existing  works  or  improvements  in  said 
district  now  used  to  control  flood  or  storm  waters,  or  to  conserve  such  flood  or  storm 
waters  or  to  protect  any  property  in  said  district  from  damage  from  such  flood  or 
storm  waters. 

7.  To  incur  indebtedness,  and  to  issue  bonds  in  the  manner  herein  provided. 

8.  To  cause  taxes  to  be  levied  and  collected  for  the  purpose  of  paying  any  obligation 
of  the  district  in  the  manner  hereinafter  provided. 

9.  To  make  contracts,  and  to  employ  labor,  and  to  do  all  acts  necessary  for  the  full 
exercise  of  all  powers  vested  in  said  district,  or  any  of  the  officers  thereof,  by  this  act. 

Board  of  supervisors. 

§  3.  The  board  of  supervisors  of  Los  Angeles  county  shall  be,  and  they  are  hereby 
designated  as,  and  empowered  to  act  as,  ex  officio  the  board  of  supervisors  of  said  Los 
Angeles  county  flood  control  district,  and  said  board  of  supervisors  is  hereby  vested 
with  the  same  powers,  and  shall  perform  the  same  duties  for  and  on  behalf  of  said 
district,  and  the  government  thereof,  to  carry  out  the  objects  and  purposes  of  this  act 
that  the  board  of  supervisors  of  Los  Angeles  county  now  have  or  may  hereafter  have 
by  law  for  said  Los  Angeles  county,  and  shall  also  have  such  other  or  additional  powers 
for  said  district  as  may  be  necessary  to  carry  out  any  of  the  objects  or  purposes  of  this 
act  above  mentioned,  or  to  exercise  any  of  the  said  powers  of  said  district;  provided, 
that  such  powers  and  duties  are  not  in  conflict  with  the  express  terms  of  this  act;  and 
provided,  further,  that  the  provisions  of  article  9  of  the  charter  of  said  Los  Angeles 
county  shall  not  be  deemed  to  apply  to  said  district. 

Assistants, 

The  county  counsel,  county  clerk,  county  assessor,  county  tax  collector,  county  audi- 
tor and  county  treasurer  of  the  county  of  Los  Angeles,  and  their  successors  in  office. 


1503  LOS    ANGEI.es    COUNTY.  Act  2627,  §  4 

and  all  their  assistants,  deputies,  clerks  and  employees,  and  all  other  officers  of  said 
Los  Angeles  county,  their  assistants,  deputies,  clerks  and  employees,  shall  be  ex  officio 
officers,  assistants,  deputies,  clerks  and  emjjloyees  respectively  of  said  Los  Angeles 
county  flood  control  district,  and  shall  respectively  perform,  unless  otherwise  provided 
by  said  board  of  supervisors,  the  same  various  duties  for  said  district  as  for  said  Los 
Angeles  county  without  additional  compensation  in  order  to  carry  out  the  provisions  of 
this  act. 

Other  officers. 

Said  board  of  supervisors  may  in  their  discretion  appoint  such  other  officers  for  said 
district  as  in  their  judgment  may  be  deemed  necessary,  and  prescribe  their  duties  and 
fix  their  compensation,  which  said  officers  shall  hold  office  during  the  pleasure  of  said 
board. 

All  ordinances,  resolutions  and  other  legislative  acts  for  said  district  shall  be  adopted 
by  said  board  of  supervisors  and  certified  to,  recorded  and  published,  in  the  same  man- 
ner, except  as  herein  otherwise  expressly  provided,  as  are  ordinances,  resolutions  or 
other  legislative  acts  for  the  county  of  Los  Angeles. 

Emplo3mient  of  engineers.    Report  of  engineers. 

§  4.  Said  board  of  supervisors  shall  have  jurisdiction  and  power,  and  it  shall  be 
their  duty  to  employ  by  resolution  a  competent  engineer  or  engineers  to  investigate 
carefully  the  best  plan  to  control  the  flood  and  storm  waters  of  said  district,  and  to 
conserve  such  waters  for  beneficial  and  useful  purposes  by  spreading,  storing,  retain- 
ing or  causing  to  percolate  into  the  soil  within  said  district,  or  to  save  or  conserve  in 
any  manner,  any  or  all  of  such  waters,  and  to  protect  the  harbors,  waterways,  public 
highways  and  property  in  said  district  from  damage  from  such  waters;  and  to  obtain 
such  other  information  in  regard  thereto  as  may  be  deemed  necessary  or  useful  for 
carrying  out  the  purposes  of  this  act,  and  such  resolution  shall  direct  such  engineer  or 
engineers  to  make  and  file  a  report  with  said  board  of  supervisors  which  shall  show : 

1.  A  general  description  of  the  work  to  be  done. 

2.  General  plans,  profiles,  cross-sections  and  general  specifications  of  the  work  to  be 
done. 

3.  A  general  description  of  the  lands,  rights  of  way,  easements  and  property  pro- 
posed to  be  taken,  acquired  or  injured  in  carrying  out  said  work. 

4.  A  map  which  shall  show  the  location  of  the  proposed  work  and  improvements,  and 
lands,  rights  of  way,  easements  and  property  to  be  taken,  acquired  or  injured  in  carry- 
ing out  said  work,  and  any  other  information  in  regard  to  the  same  that  may  be  deemed 
necessary  or  useful. 

5.  An  estimate  of  the  cost  of  such  work,  including  an  estimate  of  the  cost  of  lands, 
rights  of  way,  easements  and  property  proposed  to  be  taken,  acquired  or  injured  in 
carrying  out  said  work,  and  also  of  all  incidental  expenses  likely  to  be  incurred  in  con- 
nection therewith,  including  legal,  clerical,  engineering,  superintendence,  inspection, 
printing  and  advertising,  and  stating  the  total  amount  of  bonds  necessary  to  be  issued 
to  pay  for  the  same. 

Such  engineer  or  engineers  employed  by  said  resolution  shall  have  power  and  author- 
ity, subject  to  the  control  and  direction  of  said  board  of  supervisors,  to  employ  siuch 
engineers,  surveyors  and  others  as  may  be  required  for  making  all  surveys  or  doing 
any  other  work  necessary  for  the  making  of  such  report. 

The  said  board  of  supervisors  may  at  any  time  remove  any  or  all  of  the  engineers  or 
employees  appointed  or  employed  under  this  act,  and  may  fill  any  vacancies  occurring 
among  them  from  any  cause. 


Act  2627,  S  5  GENERAL  LAWS.  1504 

Adoption  by  resolution. 

^  5.  After  the  report  of  the  engineer  or  engineers  provided  for  in  the  next  preceding 
section  has  been  filed  with  the  said  board  of  supervisors,  said  board  shall  consider  the 
same,  and  may  by  resolution  either  adopt  the  same  as  filed,  or  may  refer  such  report  to 
such  engineer  or  engineers,  or  to  any  other  engineer  or  engineers,  to  be  modified  or 
changed,  and  when  a  report  satisfactory  to  said  board  of  supervisors  has  been  filed  with 
said  board  by  any  such  engineer  or  engineers  employed  as  aforesaid,  the  said  board 
shall  b}'  resolution  adopt  said  report,  and  state  the  amount  of  the  entire  estimated  cost 
for  which  bonds  are  to  be  voted,  and  a  finding  in  said  resolution  adopted  by  said  board 
of  supervisors  as  to  the  sufficiency  of  said  report,  and  that  the  same  complies  with  all 
the  requirements  of  this  act  in  relation  thereto,  shall  be  final  and  conclusive  against 
all  persons  except  the  state  of  California  upon  suit  commenced  by  the  attorney  general. 

Special  election. 

$  6.  After  the  adoption  of  the  report  by  said  board  of  supervisors,  as  above  pro- 
vided, said  board  shall  without  delay  call  a  special  election  and  submit  to  the  qualified 
electors  of  said  district  the  proposition  of  incurring  u  bonded  debt  in  the  amount  and 
for  the  purposes  stated  in  said  report. 

Said  board  of  supervisors  shall  call  such  special  election  by  ordinance,  and  shall 
recite  therein  the  objects  and  purposes  for  which  the  indebtedness  is  proposed  to  be 
incurred;  provided,  that  it  shall  be  sufficient  to  give  a  brief  general  description  of 
such  objects  and  purj^oses,  and  refer  to  the  report  adopted  by  said  board  of  super- 
visors, and  on  file  for  particulars;  and  said  ordinance  shall  also  state  the  estimated  cost 
of  the  proposed  work  and  improvements,  the  amount  of  the  principal  of  the  indebted- 
ness to  be  incurred  therefor,  and  what  part  of  such  indebtedness  shall  be  paid  each  and 
every  year,  and  which  shall  be  not  less  than  one-fortieth  of  the  whole  amount  of  such 
indebtedness,  and  the  rate  of  interest  to  be  paid  on  said  indebtedness,  and  shall  fix  the 
date  on  which  such  special  election  shall  be  held,  the  manner  of  holding  the  same,  and 
the  manner  of  voting  for  or  against  incurring  such  indebtedness.  The  rate  of  interest 
to  be  paid  on  such  indebtedness  shall  not  exceed  six  per  centum  per  annum. 

For  the  purposes  of  said  election,  said  board  of  supervisors  shall  in  said  ordinance 
establish  election  precincts  within  the  boundaries  of  the  said  district,  and  may  form 
election  precincts  by  consolidating  the  precincts  established  for  general  election  pur- 
poses in  said  district  to  a  number  not  exceeding  six  for  each  such  bond  election  pre- 
cinct, and  shall  designate  a  polling  place  and  appoint  two  inspectors,  two  judges  and 
two  clerks  for  each  of  such  precincts. 

In  all  particulars  not  recited  in  such  ordinance,  such  election  shall  be  held  as  nearly 
as  practicable  in  conformity  with  the  general  election  laws  of  the  state. 

Said  board  of  supervisors  shall  cause  so  much  of  said  report  as  covers  a  general 
description  of  the  work  to  be  done,  and  the  map  showing  the  location  of  the  proposed 
work  and  improvements,  to  be  printed  at  least  thirty  days  before  the  date  fixed  for 
such  election,  and  a  copy  thereof  fxirnished  to  every  qualified  elector  of  said  district 
who  shall  apply  for  the  same. 

Said  ordinance  calling  such  election  shall,  prior  to  the  date  set  for  such  election,  be 
published  ten  times  in  a  daily,  or  four  times  in  a  weekly,  newspaper  of  general  circula- 
tion, printed  and  published  in  said  district,  and  designated  by  said  board  of  super- 
visors for  said  purpose.    No  other  notice  of  such  election  need  be  given. 

Any  defect  or  irregularity  in  the  proceedings  prior  to  the  calling  of  such  election 
shall  not  affect  the  validity  of  the  bonds. 

If  at  such  election  a  majority  of  the  votes  cast  are  in  favor  of  incurring  such  bonded 
indebtedness,  then  bonds  of  said  district  for  the  amount  stated  in  such  proceedings 
shall  be  issued  and  sold  as  in  this  act  provided- 


1505  LOS   ANGBLES    COUNTY.  Act  2627,  g§  7-10 

Bonds. 

$  7.  The  said  board  of  supervisors  shall,  subject  to  the  provisions  of  this  act,  pre- 
scribe by  ordinance  the  form  of  said  bonds,  and  of  the  interest  coupons  attached 
thereto.  Said  bonds  shall  be  pa^^able  substantially  in  the  following  manner:  A  part  to 
be  determined  by  said  board,  and  which  shall  not  be  less  than  one-fortieth  part  of  the 
whole  amount  of  such  indebtedness  shall  be  paj^able  each  and  every  year  on  a  day  and 
date,  and  at  a  place  to  be  fixed  by  said  board,  and  designated  in  such  bonds,  together 
with  the  interest  on  all  sums  unpaid  on  such  date  until  the  whole  of  said  indebtedness 
shall  have  been  paid. 

Denominations.     Interest. 

The  bonds  shall  be  issued  in  such  denominations  as  the  said  board  of  supervisors  may 
determine,  except  that  no  bonds  shall  be  of  a  less  denomination  than  one  hundred  dol- 
lars, nor  of  a  greater  denomination  than  one  thousand  dollars,  and  shall  be  payable  on 
the  day  and  at  the  place  fixed  in  said  bonds,  and  with  interest  at  the  rate  specified  in 
such  bonds,  which  rate  shall  not  be  in  excess  of  six  per  centum  per  annum,  and  shall  be 
payable  semi-annuall}',  and  said  bonds  shall  be  signed  by  the  chairman  of  the  board  of 
supervisors,  and  countersigned  by  the  auditor  of  said  Los  Angeles  county,  and  the  seal 
of  said  district  shall  be  affixed  thereto.  The  interest  coupons  of  said  bonds  shall  be 
numbered  consecutively  and  signed  by  the  auditor  of  said  Los  Angeles  county  by  his 
engraved  or  lithographed  signature.  In  ease  any  such  officer  whose  signatures  or  coun- 
tersignatures appear  on  the  bonds  or  coupons  shall  cease  to  be  such  officer  before  the 
delivery  of  such  bonds  to  the  purchaser,  such  signature  or  countersignature  shall  never- 
theless be  valid  and  sufficient  for  all  purposes  the  same  as  if  such  officer  had  remained 
in  office  until  the  delivery  of  the  bonds. 

Sale  of  bonds. 

$  8.  The  said  board  of  supervisors  may  issue  and  sell  the  bonds  of  such  district 
authorized  as  hereinbefore  provided  at  not  less  than  par  value,  and  the  proceeds  of  the 
sale  of  such  bonds  shall  be  placed  in  the  treasury  of  the  county  of  Los  Angeles  to  the 
credit  of  said  district,  and  the  proper  record  of  such  transactions  shall  be  placed  upon 
the  books  of  said  county  treasury',  and  said  district  fund  shall  be  apijlied  exclusively 
to  the  purposes  and  objects  mentioned  in  the  ordinance  calling  such  special  bond  elec- 
tion as  aforesaid,  subject  to  the  provisions  in  this  act  contained.  Payments  from  said 
district  fund  shall  be  made  upon  demands  prepared,  presented,  allowed  and  audited  in 
the  same  manner  as  demands  upon  the  funds  of  the  county  of  Los  Angeles. 

Bonds  lien  on  property. 

§  9.  Any  bonds  issued  under  the  provisions  of  this  act  shall  be  a  lien  upon  the  prop- 
erty of  the  district,  and  the  lien  for  the  bonds  of  any  issue  shall  be  a  preferred  lien 
to  that  of  any  subsequent  issue.  Said  bonds  and  the  interest  thereon  shall  be  paid  by 
revenue  derived  from  an  annual  tax  upon  the  real  property  within  said  district,  and  all 
the  real  property  in  the  district  shall  be  and  remain  liable  to  be  taxed  for  such  payments 
as  hereinafter  provided. 

Tax  levy. 

^  10.  The  board  of  supervisors  shall  levy  a  tax  each  year  upon  the  taxable  real  prop- 
erty in  such  district  sufficient  to  pay  the  interest  on  said  bonds  for  that  year,  and  such 
portion  of  the  principal  thereof  as  is  to  become  due  before  the  time  for  making  the 
next  general  tax  levy.  Such  tax  shall  be  levied  and  collected  on  said  real  property  at 
the  time  and  in  the  same  manner  as  the  general  tax  levy  for  county  purposes,  and  when 
collected  shall  be  paid  into  the  county  treasury  of  said  Los  Angeles  county  to  the  credit 
of  said  district  fund,  and  be  used  for  the  payment  of  the  principal  and  interest  on  said 

Gen.  Laws — 95 


Act  2«27,  §8  11-15  GENERAL  LAWS.  t506 

bonds,  and  for  no  other  purpose.  The  principal  and  interest  on  said  bonds  shall  be 
paid  by  the  county  treasury  of  said  Los  Angeles  county  in  the  manner  provided  by  law 
for  the  payment  of  principal  and  interest  on  bonds  of  said  county. 

Political  Code  tax  levy  provisions  adopted. 

^  11,  The  provisions  of  the  Political  Code  of  this  state,  prescribing  the  manner  of 
levying,  assessing,  equalizing  and  collecting  taxes,  including  the  sale  of  property  for 
delinquency,  and  the  redemption  from  such  sale,  and  the  duties  of  the  several  county 
officers  with  respect  thereto,  are,  so  far  as  they  are  applicable,  and  not  in  conflict  with 
the  specific  provisions  of  this  act,  hereb}'  adopted  and  made  a  part  hereof.  Such  offi- 
cers shall  be  liable  upon  their  several  official  bonds  for  the  faithful  discharge  of  the 
duties  imposed  upon  them  by  this  act. 

Bonds  legal  investments  for  trust  funds,  etc. 

$  12.  The  bonds  of  said  Los  Angeles  flood  control  district  issued  pursuant  to  this 
act,  shall  be  legal  investments  for  all  trust  funds,  and  for  the  funds  of  all  insurance 
comj^anies,  banks,  both  commercial  and  savings,  and  trust  companies,  and  for  the  state 
school  funds,  and  whenever  any  money  or  funds  may  by  law  now  or  hereafter  enacted 
be  invested  in  bonds  of  cities,  cities  and  counties,  counties,  school  districts  or  munici- 
palities in  the  state  of  California,  such  money  or  funds  may  be  invested  in  the  said 
bonds  of  said  district  issued  in  accordance  with  the  provisions  of  this  act,  and  when- 
ever bonds  of  cities,  cities  and  counties,  counties,  school  districts  or  municipalities,  may 
by  any  law  now  or  hereafter  enacted  be  used  as  security  for  the  performance  of  any 
act,  such  bonds  of  said  district  may  be  so  used. 

This  section  of  this  act  is  intended  to  be  and  shall  be  considered  the  latest  enactment 
of  the  matters  herein  contained,  and  any  and  all  acts  or  parts  of  any  acts  in  conflict 
with  the  provisions  hereof  are  hereby  repealed. 

Value  of  bonds. 

§  13.  All  bonds  issued  by  said  district  under  the  provisions  of  this  act  are  hereby 
given  the  same  force,  value  and  use  as  bonds  issued  by  any  municipality  in  this  state, 
and  shall  be  free  and  exempt  from  all  taxation  within  the  state  of  California. 

Tax  levy  for  maintenance. 

$  14.  The  board  of  supervisors  of  said  district  shall  have  power,  in  any  year,  to 
levy  a  tax  upon  the  taxable  real  property  in  said  district,  to  carry  out  any  of  the  objects 
or  purposes  of  this  act,  and  to  pay  the  cost  and  expenses  of  maintaining,  operating, 
extending  and  repairing  any  work  or  improvements  of  said  district  for  the  ensuing 
fiscal  year,  and  said  tax  shall  be  levied  and  collected  at  the  same  time  and  in  the  same 
manner  as  the  general  tax  levy  for  county  purposes,  and  the  revenue  derived  from  said 
tax  sliall  be  paid  into  the  county  treasury  to  the  credit  of  said  district,  and  said  board 
of  supervisors  shall  have  the  power  to  control  and  order  the  expenditure  thereof  for 
said  purposes;  provided,  however,  that  such  tax  levied  under  this  section  for  any  one 
fiscal  year  shall  not  exceed  ten  cents  on  each  one  hundred  dollars  of  the  assessed  valu- 
ation of  the  real  projierty  in  said  district,  exclusive  of  any  tax  levied  to  meet  the  bonded 
indebtedness  of  said  district,  and  the  interest  thereon. 

Letting  contracts. 

^  15.  All  contracts  for  furnishing  the  labor,  materials  or  supplies  required  for  any 
improvement  or  work,  or  any  portion  thereof,  to  carry  out  this  act,  shall  be  let  to  the 
lowest  responsible  bidder.  The  said  board  of  supervisors  of  said  district  shall  adver- 
tise by  five  or  more  insertions  in  a  daily  newspaper  of  general  circulation,  or  by  two 
or  more  insertions  in  a  weekly  newspaper  of  general  circulation,  printed  and  published 
in  said  district,  inviting  sealed  proposals  for  furnishing  the  labor,  materials  and  sup- 


1507  LOS   ANGELES    COUNTY.  Act  2627,  §  1« 

plies  for  the  proposed  improvement  or  work  before  any  contract  shall  be  made  there- 
for, and  may  let  by  contract  separately  any  part  of  said  work  or  improvement.  The 
said  board  shall  have  the  right  to  require  such  bonds  as  it  may  deem  best  from  the  suc- 
cessful bidder,  to  insure  the  faithful  performance  of  the  contract,  and  shall  also  have 
the  right  to  reject  any  and  all  bids;  provided,  however,  that  nothing  herein  contained 
shall  be  construed  as  prohibiting  said  district  itself,  and  when  ordered  by  the  said 
board  of  supervisors  thereof,  it  shall  have  power  to  make  proposed  improvement  or 
carry  out  any  work  or  portion  thereof  without  a  contract  therefor,  and  to  purchase 
the  materials  and  supiDlies,  and  employ  the  labor  necessary  for  such  purpose;  and  pro- 
vided, further,  that  any  improvement  for  which  bonds  are  voted  under  the  provisions 
of  this  act,  shall  be  made  in  conformity  with  the  report,  plans,  specifications  and  map 
theretofore  adopted,  as  above  specified,  unless  the  doing  of  any  of  such  work  described 
in  said  report  shall  be  prohibited  by  law,  or  be  rendered  contrary  to  the  best  interests 
of  said  district  by  some  change  of  conditions  in  relation  thereto,  in  which  event  said 
board  of  supervisors  may,  by  a  vote  of  four-fifths  of  all  the  members  thereof,  order 
necessary  changes  made  in  such  proposed  work  or  improvements,  and  may  cause  new 
plans  and  specifications  to  be  made  and  adopted  therefor. 

Improvements  along  highways. 

Any  work  or  improvement  provided  for  in  this  act  may  be  located,  constructed  and 
maintained  in,  along  or  across  any  public  road  or  highway  in  the  county  of  Los 
Angeles,  in  such  manner  as  to  afford  security  for  life  and  property,  but  the  said  board 
of  supervisors  of  said  district  shall  restore  or  cause  to  be  restored  such  road  or  high- 
way to  its  former  state  as  near  as  may  be,  so  as  not  to  impair  its  usefulness. 

Approval  of  plans  and  specifications. 

The  plans  and  specifications  for  any  work  proposed  to  be  done,  or  improvements  to 
be  made,  under  this  act,  in  any  municipality  in  said  district  shall  first  be  approved  by 
the  legislative  body  of  such  municipality  before  the  commencement  of  such  work  or 
improvements,  and  before  any  contract  shall  be  let  therefor;  provided,  that  in  the 
event  such  legislative  body  shall  refuse  or  neglect  to  approve  the  said  plans  and  speci- 
cations  for  such  work  or  improvement  within  thirty  days  after  being  requested  by  said 
board  of  supervisors  so  to  do,  then  said  board  of  supervisors  shall  omit  the  doing  of 
such  work  or  making  of  such  improvements  within  such  municipality,  and  such  omis- 
sion shall  not  affect  the  validity  of  its  i^roceedings  under  this  act,  and  the  funds  which 
were  to  be  expended  for  such  proposed  work  or  improvement  in  said  municiijality  may 
be  expended  elsewhere  by  said  board  of  supervisors  for  carrying  out  the  purposes  of 
this  act. 

Rules  and  regulations. 

§  16.  The  said  board  of  supervisors  of  said  district  shall  have  power  to  make  and 
enforce  all  needful  rules  and  regulations  for  the  administration  and  government  of  said 
district,  and  to  appoint  or  employ  all  needful  agents,  superintendents  and  engineers  to 
properly  look  after  the  performance  of  any  work  provided  for  in  this  act,  and  to  per- 
form all  other  acts  necessary  or  proper  to  accomplish  the  purposes  of  this  act. 

Power  to  acquire  lands,  rights  of  way,  etc. 

Said  board  of  supervisors  shall  have  power  to  do  all  work  and  to  construct  and 
acquire  all  improvements  necessary  or  useful  for  carrying  out  any  of  the  purposes  of 
this  act;  and  said  board  of  supervisors  shall  have  power  to  acquire  either  within  or 
without  the  boundaries  of  said  district,  by  purchase,  condemnation,  donation  or  by 
other  lawful  means  in  the  name  of  said  district,  from  private  persons,  corporations, 
reclamation  districts,  swamp  land  districts,  levee  districts,  protection  districts,  drain- 
age districts,  irrigation  districts,  or  other  public  corporations  or  agencies  or  districts, 


Act  2627  GENERAL.   LAWS.  1508 

all  lands,  rights  of  way,  easements,  property  or  materials  necessary  or  useful  for  carry- 
ing out  any  of  the  purposes  of  this  act ;  to  make  contracts  to  indemnify  or  compensate 
any  owner  of  land  or  other  property  for  any  injury  or  damage  necessarily  caused  by 
the  exercise  of  the  powers  conferred  by  this  act,  or  arising  out  of  the  use,  taking  or 
damage  of  any  property,  rights  of  way  or  easements,  for  any  of  such  purposes;  to  com- 
pensate any  reclamation  district,  protection  district,  drainage  district,  irrigation  dis- 
trict or  other  district,  public  corporation  or  agency  or  district,  for  any  right  of  way, 
easement  or  property  taken  over  or  acquired  by  said  Los  Angeles  county  flood  control 
district  as  a  part  of  its  work  of  flood  control  or  conservation  or  protection  provided 
for  in  this  act,  and  any  such  reclamation  district,  protection  district,  drainage  district, 
irrigation  district  or  other  district  or  public  corporation  or  agency  is  hereby  given 
power  and  authority  to  distribute  such  compensation  in  any  manner  that  may  be  now 
or  hereafter  allowed  by  law;  to  maintain  actions  to  restrain  the  doing  of  any  act  or 
thing  that  may  be  injurious  to  carrying  out  any  of  the  purposes  of  this  act  by  said 
district,  or  that  may  interfere  with  the  successful  execution  of  said  work,  or  for  dam- 
ages for  injury  thereto;  to  do  any  and  all  things  necessary  or  incident  to  the  powers 
hereby  granted,  or  to  carry  out  any  of  the  objects  and  purposes  of  this  act;  to  compel 
by  injunction  the  owner  or  owners  of  any  bridge,  trestle,  wire  line,  viaduct,  embank- 
ment or  other  structure  which  shall  be  intersected,  traversed  or  crossed  by  any  channel, 
ditch,  bed  of  any  stream,  waterway,  conduit  or  canal,  so  to  construct  or  alter  the  same 
as  to  offer  a  minimum  of  obstruction  to  the  free  flow  of  water  through  or  along  any 
such  channel,  ditch,  bed  of  any  stream,  waterway,  conduit  or  canal,  and  whenever  nec- 
essary in  the  case  of  existing  works  or  structures,  to  compel  the  removal  or  alteration 
thereof  for  such  purpose. 

Condemnation  proceedings.    Diverting  waters  of  streams. 

In  case  of  condemnation  proceedings,  the  said  board  of  supervisors  shall  proceed  in 
the  name  of  said  district,  under  the  provisions  of  title  VII,  part  III,  of  the  Code  of 
Civil  Procedure  of  the  state  of  California,  which  such  provisions  are  hereby  made 
applicable  for  that  purpose,  and  it  is  hereby  declared  that  the  use  of  the  property, 
lands,  rights  of  way,  easements,  or  materials  which  may  be  condemned,  taken  or 
appropriated  under  the  provisions  of  this  act  is.  a  public  use  subject  to  the  regulation 
and  control  of  the  state  in  the  manner  prescribed  by  law,  and  said  board  of  super- 
visors of  said  district  is  hereby  vested  with  full  power  to  do  all  other  acts  or  things 
necessary  or  useful  for  the  promotion  of  the  work  of  the  control  of  the  flood  and 
storm  waters  of  said  district,  and  to  conserve  such  waters  for  beneficial  and  useful 
purposes,  and  to  protect  from  damage  from  such  storm  or  flood  waters  the  harbors, 
waterways,  public  highways  and  property  in  said  district;  provided,  however,  that 
nothing  in  this  act  contained  shall  be  deemed  to  authorize  said  district,  or  any  person 
or  persons,  to  divert  the  waters  of  any  river,  creek,  stream,  irrigation  system,  canal  or 
ditch,  from  its  channel,  to  the  detriment  of  any  person  or  persons  having  any  interest 
in  such  river,  creek,  stream,  irrigation  system,  canal  or  ditch,  or  the  waters  thereof  or 
therein,  unless  previous  compensation  be  first  ascertained  and  paid  therefor,  under 
the  laws  of  this  state  authorizing  the  taking  of  private  property  for  public  uses;  and 
provided,  further,  that  nothing  in  this  act  contained  shall  be  construed  as  in  any  way 
aft'ecting  the  plenary  power  of  any  incorporated  city,  city  and  county,  or  town,  or 
municipal  or  county  water  district,  to  provide  for  a  water  supply  of  such  public 
corporation,  or  as  affecting  the  absolute  control  of  any  properties  of  such  public 
corporations  necessary  for  such  water  supply,  and  nothing  herein  contained  shall  be 
construed  as  vesting  any  power  of  control  over  such  properties  in  said  Los  Angelea 
county  flood  control  district,  or  in  any  officer  thereof,  or  in  any  person  referred  to  in 
this  act;  and  provided,  further,  that  nothing  in  this  act  contained  shall  be  deemed  to 
authorize  said  board  of  supervisors  to  raise  money  for  said  district  by  any  method  or 


J509  LOS   ANGELES    COUNTY.  Act  2627,  §§  17-22 

system  other  than  that  by  the  issuing  of  bonds,  or  the  levying  of  a  tax  upon  the 
assessed  value  of  all  the  real  property  in  said  district  in  the  manner  in  this  act 
provided. 

Power  to  co-operate  with  state  and  with  U.  S. 

5  17.  Said  board  of  supervisors  of  said  district  shall  have  full  power  and  authority 
to  co-operate  with  and  to  act  in  conjunction  with  the  state  of  California,  or  any  of  its 
engineers,  officers,  boards,  commissions,  departments  or  agencies,  or  with  the  govern- 
ment of  the  United  States,  or  any  of  its  engineers,  officers,  boards,  commissions,  depart- 
ments or  agencies,  for  the  purpose  of  carrying  out  the  work  of  controlling  the  flood 
or  stoiTH  waters  of  said  district,  or  for  the  protection  of  property,  or  of  any  of  the 
harbors,  channels,  waterways,  roads  or  highways  in  said  district,  and  to  adopt  a 
definite  plan  or  system  of  work  for  any  such  purpose,  and  when  so  adopted,  no  sub- 
stantial change  shall  thereafter  be  made  in  the  same  without  the  express  consent  of 
the  officer,  board,  commission  or  department  or  agency  of  the  state  or  federal  govern- 
ment in  conjunction  with  which  the  same  was  originally  adopted. 

Issuance  of  additional  bonds. 

^  18.  Whenever  bonds  have  been  issued  by  said  district  and  the  proceeds  of  the  sale 
thereof  have  been  expended  as  in  this  act  authorized,  and  said  board  of  supervisors 
shall  by  resolution  passed  by  a  vote  of  four-fifths  of  all  its  members  determine  that 
the  public  interest  or  necessity  of  said  district  demands  the  issuance  of  additional 
bonds  for  carrying  out  the  work  of  flood  control,  or  for  any  of  the  purposes  of  this  act 
by  said  district,  said  board  of  supervisors  may  again  proceed  as  in  this  act  provided, 
and  have  a  report  made  and  submit  to  the  qualified  voters  of  said  district  the  question 
of  issuing  additional  bonds  in  the  same  manner  and  with  like  procedure  as  hereinbefore 
provided,  and  all  the  above  provisions  of  this  act  for  the  issuing  and  sale  of  such  bonds, 
and  for  the  expenditure  of  the  proceeds  thereof,  shall  be  deemed  to  apply  to  such  issue 
of  additional  bonds. 

Should  proposition  fail  to  carry. 

^  19.  Should  the  proposition  of  issuing  bonds  submitted  at  any  election  under  this 
act  fail  to  receive  the  requisite  number  of  votes  of  the  qualified  voters  voting  at  such 
election  to  incur  the  indebtedness  for  the  purjDose  specified,  the  said  board  of  super- 
visors of  said  district  shall  have  power  and  authority  at  the  expiration  of  six  months 
after  such  election,  to  call  or  order  another  election  for  incurring  indebtedness  and 
issuing  bonds  under  the  terms  of  this  act,  either  for  the  same  objects  and  purposes, 
or  for  any  of  the  objects  and  purposes  of  this  act. 

Repeal  of  act  not  to  affect  bonds. 

§  20.  No  repeal  or  amendment  of  this  act  which  shall  in  any  way  affect  or  release 
any  of  the  property  in  said  district  from  the  obligations  of  any  outstanding  bonds  or 
indebtedness  of  said  district,  shall  go  into  effect  or  be  valid  or  become  operative  until 
all  such  bonds  and  outstanding  indebtedness  have  been  fully  paid  and  discharged. 

Construction  of  act. 

$  21.  This  act,  and  every  part  thereof,  shall  be  liberally  construed  to  promote  the 
objects  thereof,  and  to  carry  out  its  intents  and  purposes. 

C  onstitutionality . 

^  22.  In  case  any  section  or  sections,  or  part  of  any  section,  of  this  act,  shall  be 
found  to  be  unconstitutional  or  invalid,  for  any  reason,  the  remainder  of  the  act  shall 
not  thereby  be  invalidated,  but  shall  remain  in  full  force  and  effect. 


Act  262S.  S  1 


GENERAL.   LAWS. 


ISIO 


Title. 

$  23.  This  act  may  be  designated  and  referred  to  as  the  "Los  Angeles  county  flood 
control  act,"  and  any  reference  thereto  by  such  designation  shall  be  deemed  sufficient 
for  all  purposes. 


1.  Drainage      act     not     superseded. — The 

drainagre  act  of  1903  was  not  superseded  by 
this  act,  the  purpose  of  the  former  being 
to  dispose  of  the  water,  and  of  the  latter 
to  conserve  it. — Van  De  Water  v.  Pridham, 
33   Cal.    App.   252,    164    Pac.    1136. 

2.  Constltntlonallty  —  "Due  proeess."  — 
Where,  as  in  the  case  of  the  Los  Angeles 
Flood  Control  Di.strict,  the  boundaries  of 
an  improvement  district  are  fixed  by  the 
legislature,  the  constitutional  guarantee  of 
due  process  does  not  require  the  landowners 
to  be  accorded  a  hearing  on  the  question  of 
the  inclusion  of  their  lands  within  the  dis- 
trict on  the  ground  of  the  benefit  to  be 
derived  by  them  from  the  contemplated  im- 
provement.— Los  Angeles  F.  C.  District  v. 
Hamilton,   177  Cal.   119,   124,  169  Pac.   1028. 

3.  Same — Fixing  boundaries  of  district^ 
Determination  of  question  of  benefits. — The 
legislature,  when  it  fixed  the  district  itself, 
is  supposed  to  have  made  proper  inquiry 
and  to  have  finally  and  conclusively  deter- 
mined the  fact  of  benefits  to  the  land  in- 
cluded in  the  district,  and  the  citizen  has 
no  constitutional  right,  under  the  due  proc- 
ess guarantee,  to  any  other  or  further  hear- 
ing on  the  question. — Los  Angeles,  etc..  Dis- 
trict V.  Hamilton,  177  Cal.  119,  169  Pac. 
1028. 

4.  Same — Mere  passage  of  act  is  finding 
that  district  will  serve  public  purpose. — 
Tlie  mere  passage  of  the  act  must  be  tal<en 
to  impart  a  finding  that  the  proposed  work 
will  answer  a  public  purpose,  that  its  ex- 
ecution will  benefit  the  land  within  the 
district  to  such  an  extent  as  to  warrant  the 
imposition  upon  such  land  of  the  cost  in 
manner  provided,  and  the  findings  thus  im- 
plied are  as  fully  effective  as  if  declared  in 
express    terms    in    tlie    act    Itself. — Los    An- 


geles, etc..  District  v.  Hamilton,  177  Cal. 
119,    169   Pac.   1028. 

5.  Same — Use  of  word  "tax" — "A  special 
assessment." — The  use  of  the  word  "tax" 
does  not  invalidate  the  act,  where  it  la  ap- 
parent that  it  is  Intended  to  designate  a 
special  assessment. — Los  Angeles,  etc.,  Dis- 
trict v.  Hamilton,  177  Cal.  119,  169  Pac. 
1028. 

C  Same — Omission  of  work  In  non-con- 
senting municipality. — The  provision  In  the 
act  which  authorizes  the  board  to  omit 
work  within  a  municipality  which  with- 
holds its  approval  does  not  invalidate  the 
act. — Los  Angeles,  etc.,  District  v.  Hamil- 
ton,  177  Cal.  119,   169   Pac.   1028. 

7.  Same — Ad  valorem  method  of  assess- 
ment.— The  legislature  may  apply  the  ad 
valorem  method  of  assessment,  without  any 
judicial  inquiry  into,  or  determination  of, 
the  extent  of  the  benefits. — Los  Angeles, 
etc.,  District  v.  Hamilton.  177  Cal.  119,  169 
Pac.  1028. 

8.  Same— Issue  of  bonds  without  elec- 
tion.— The  legislature  had  the  power  to 
provide  for  the  issue  of  the  bonds  of  th^ 
district  without  an  election  by  the  people. — 
Los  Angeles,  etc.,  District  v.  Hamilton,  177 
Cal.  119,  169  Pac.   1028. 

9.  Same — Power  to  exempt  property  from 
assessment. — In  the  absence  of  a  consti- 
tutional provision  to  the  contrary  the  legis- 
lature may  exempt  property  from  special 
assessments. — Los  Angeles,  etc.,  Co.  v.  Ham- 
ilton,   177    Cal.    119,    169    Pac.    1028. 

10.  Eflfect  of  validation  act. — The  ratify- 
ing and  confirming  act  of  1917  (Act  2628) 
cured  defects  in  proceedings  organizing  the 
district  up  to  and  including  the  issue  of  the 
bonds. — Los  Angeles,  etc.,  District  v.  Ham- 
ilton, 177  Cal.  119,  169  Pac.   1028. 


"LOS  ANGELES  COUNTY  FLOOD  CONTROL  DISTRICT  "—BOND  VALIDATION. 

ACT  2628 — An  act  to  validate  bonds  of  the  Los  Angeles  county  flood  control  district 

and  all  proceedings  relating  thereto,  and  making  final  and  conclusive,  except  as 

therein  provided,  the  official  canvass  of  election  returns  of  the  election  at  which  said 

bonds  were  voted. 

History:     Approved   May   5,    1917.     In    effect  July   27,   1917.     Stats. 
1917,  p.  239. 

Los  Angeles  county  flood  control  district  bonds  validated. 

§  1.  Bonds  in  the  amount  of  four  million  four  hundred  fifty  thousand  dollars  of  the 
Los  Angeles  county  flood  control  district,  and  all  the  acts  and  proceedings  of  said 
district,  leading  up  to  and  including  the  authorizing  and  issuance  of  said  bonds,  are 
hereby  legalized,  ratified,  confirmed  and  declared  valid  to  all  intents  and  purposes, 
which  district  was  created  by  the  Los  Angeles  county  flood  control  act,  approved 
June  12,  1915,  and  which  bonds  were  authorized  by  virtue  of  an  election  held  in  said 
district  on  February  20,  1917,  at  which  a  majority  of  the  votes  cast  were  in  favor  of 
incurring  such  bonded  indebtedness,  as  found  and  determined  by  the  board  of  super- 
visors of  said  district  upon  canvassing  such  election  returns,  and  which  finding  and 


ISll  LOS    NIETOS    COLLEGIATE    INSTITUTE.  Acts  2631,  2636 

determination  of  the  result  of  said  election  shall  be  and  is  hereby  declared  to  be  final 
and  conclusive  against  all  persons  except  the  state  of  California  upon  suit  commenced 
by  the  attorney  general.  Any  such  suit  must  be  commenced  within  thirty  days  after 
this  act  takes  effect  and  not  otherwise. 

And  all  said  bonds  when  issued  and  sold  as  in  said  act  provided  shall  be  and  are 
hereby  declared  to  be  legal  and  valid  obligations  of  said  district,  and  the  faith  and 
credit  of  said  Los  Angeles  county  flood  control  district  is  hereby  pledged  for  the  prompt 
payment  and  redemption  of  the  principal  and  interest  of  said  bonds  and  said  bonds  by 
their  issuance  shall  be  conclusive  evidence  of  the  regularity  of  all  proceedings  leading 
up  thereto,  and  that  they  were  duly  authorized  at  said  election. 

1.  Effect  ol  act. — The  effect  of  this  act  was  to  cure  all  defects  of  procedure  In  the 
organization  of  the  district  up  to  and  including  the  issue  of  the  bonds. — ^Los  Angeles,  etc.. 
District  v.  Hamilton,  177  Cal.  119.  169  Pac.  1028. 

LOS  NIETOS  IRRIGATION  DISTRICT. 

ACT  2631 — An  act  to  provide  for  and  regulate  irrigation  in  the  township  of  Los 

Nietos,  in  the  county  of  Los  Angeles. 

History:    Approved  March  20,  1878,  Stats.  1877-78,  p.  374. 

1.     The   construction  of  a  private  irriga-  have    elected    a    person     to    distribute     the 

tlon  district  is  not  a  dedication  to  the  pub-  water,  the  mode  they  have  adopted  is  not  a 

lie. — An    irrigating    ditch    constructed    and  dedication  to  the  public,  and   such   a  ditch 

controlled   by   two   or  more   persons   is   pri-  forms  one  of  the  exceptions  referred  to  in 

vate  property,  and  though  the  irrigators  are  section   6   of  this   act. — Gate   v.   Sanford,    54 

numerous,      and      their      respective      rights  Cal.  24. 
have  not  been  accurately  defined,  and  they 

LOS  BANGS. 

See  Act  3094,  note. 

LOS  GATOS. 

See  Act  3094,  note. 

LOS  NIETOS. 

See  tit.  "Los  Angeles  County." 

CHAPTER  203. 
LOS  NIETOS  COLLEGIATE  INSTITUTE. 

CONTENTS  OF  CHAPTER. 
ACT  2636.    Trustees  Empowered  to  Acquire  Land. 

TRUSTEES  EMPOWERED  TO  ACQUIRE  LAND. 
ACT  2636 — An  act  to  confer  further  powers  and  privileges  on  the  trustees  of  the  Los 
Nietos  CoUegiate  Institute. 

History:    Approved  March  11,  1874,  Stats.  1873-74,  p.  341. 

This  act  authorized  the  trustees  to  acquire  not  more  than  one  hundred  acres  of  land, 
by  gift,  or  otherwise,  for  the  purposes  of  the  institution. 

LOST  PROPERTY. 
See  Kerr's  Cyc.  Political  Code,  §§  3136-3157;  Kerr's  Cyc.  Penal  Code,  5  485. 


Act  2<t46,  §9  1-4  GENERAL   LAWS.  1512 

CHAPTER  204 
LOST  WARRANTS. 

CONTENTS  OF  CHAPTER. 
ACT  2646.     Payment  op  Lost  Warrants   Authorized. 

PAYMENT  OF  LOST  WARRANTS  AUTHORIZED. 
ACT  2646 — An  act  to  provide  for  the  payment  of  the  controller  of  the  state's  warrants 
which  have  been  lost  or  destroyed  previous  to  payment  by  the  state  treasurer. 
History:    Approved  March  31,  1891,  Stats.  1891,  p.  294. 

Lost  warrants.    Affidavit.    Bond. 

$  1.  Whenever  any  warrant  legally  drawn  by  the  controller  of  state  shall  have  been 
lost  or  destroyed  before  the  same  has  been  paid  by  the  state  treasurer,  the  amount  due 
1  hereon  may  be  recovered  by  the  legal  owner  or  custodian  thereof,  by  filing  with  the 
controller  of  state: 

First.  An  affidavit  setting  forth  the  fact  of  the  loss  or  destruction  of  such  state 
warrant,  giving  the  number,  date,  amount,  and  name  of  the  payee,  together  with  all 
material  facts  relative  to  the  loss  or  destruction  of  the  same. 

Second.  A  bond  of  indemnity,  with  two  good  and  sufficient  sureties,  in  double  the 
amount  of  the  face  of  the  particular  warrant,  which  bond  shall  be  referred  to  the 
attorney  general  and  controller  of  state  for  approval  or  rejection. 

Approval  of  bond. 

6  2.  It  shall  be  the  duty  of  the  attorney  general  and  of  the  controller  of  state  to 
examine  and  pass  upon  the  sufficiency  of  the  said  bond,  and  to  approve  or  reject  the 
same,  within  thirty  days  after  it  shall  have  been  filed  with  the  controller  of  state. 

Duplicate  warrant. 

$  3.  After  the  filing  of  the  approved  bond,  the  controller  of  state  is  hereby  author- 
ized and  directed  to  issue  and  deliver  to  the  legal  owner  or  claimant,  on  demand  a 
duplicate  waiTant  for  the  full  amount  of  the  original  warrant,  and  the  treasurer  of 
state  is  hereby  authorized  and  directed  to  pay  the  duplicate,  in  lieu  of  the  original 
warrant. 

Entries  on  books. 

^  4.  The  controller  and  treasurer  shall  each  make  the  proper  entries  on  their  books, 
showing  such  warrants  to  have  been  lost  or  destroyed,  and  the  issuance  of  duplicate 
warrants  in  lieu  thereof. 

LOTTERIES. 

See  Kerr's  Cye.  Penal  Code,  §§319-326. 

LOWER  LAKE. 

See  tit.  ''Lakeport." 

LOYALTON. 

See  Act  3094,  note. 

LUMBER  MANUFACTURERS. 
See  Kerr's  Cyc.  Penal  Code,  §  593a. 

MADERA  CITY. 

See  Act  3094,  note. 


1513  MADERA   COLNTY.  Act*  2671-2677 

CHAPTER  205. 

MADERA  COUNTY. 

References:   Boundaries,  see  Kerr's  Cyc.  Political  Code,  §  3928. 

County  government,  etc.,  see  Kerr's  Cyc.  Political  Code,  §§  4000,  et  seq, 

CONTENTS  OF  CHAPTER. 
ACT  2671.     Organization  Act. 

ORGANIZATION  ACT. 
ACT  2671 — To  create  the  county  of  Madera,  to  define  the  boundaries  thereof,  to  deter- 
mine the  county  seat,  and  to  provide  for  its  organization  and  election  of  officers,  and 
to  classify  said  county. 

History:    Approved  March  11,  1893,  Stats.  1893,  p.  168. 

1.  Determination    of   boundary. — The    act  tempts    to    provide    that    the    judge    of    the 

of  1872    (Stats.  1871-72,   p.   891),   as  amended  superior   court    elected   under   the    act   shall 

by  the  act  of  1874   (Stats.  1873-74,  p.  100)   is  hold  office  until  January  1897,  conflicts  with 

determinative     of     the     boundary     between  section  6   of  article  VI  of  the  constitution. 

Mariposa  and  Madera  counties,   and  control  fixing-   the   terms    of   such   judges,    and    it    is 

the  provisions  of  section  3938  of  the  Politi-  held  that  the  term  of  such  judge  expires  on 

cal  Code. — County  of  Mariposa  v.  County  of  the   first  Monday   in  January,   1895,  and   his 

Madera,  142  Cal.  50.  successor    is    to    be    elected    at    the    general 

2.  Constitutionality — Fixing   term   of    of-  election   of   1894,    for   the   full   constitutional 
fice    of    judge. — Section    14    of    the    Madera  term. — People  v.  Markham,  104  Cal.  232l 
county    organization    act,    so    far    as    it   at- 


CHAPTER  206. 
MAD  RIVER. 

CONTENTS  OF  CHAPTER. 

ACT  2676.     Improvement  Act  of  1878. 
2677.     Improvement  Act  of  1911. 

IMPROVEMENT  ACT  OF  1878. 
ACT  2676 — An  act  to  improve  Mad  River  and  its  north  fork  and  to  facilitate  the  driv- 
ing of  logs  therein. 

History:    Approved  March  30,  1878,  Stats.  1877-78,  p.  788. 
Tliis   act   granted   to   H.    G.   Vance,    Nelson    Young   and   R.    Gross,    their   associates    and 
successors,  the  right  to  improve  the  river. 

IMPROVEMENT  ACT  OF  1911. 
ACT  2677 — An  act  to  protect  the  banks  of  Mad  River  from  erosion  by  means  of  brush 
and  rock  work  along  the  banks  thereof. 

History:    Approved  April  21,  1911,  Stats.  1911,  p.  1057. 
This  act  appropriated   $15,000   for  preliminary  surveys,   estimates,   plans,   etc,   under   the 
direction  of  the  department  of  engineering. 

MANHATTAN  BEACH. 

See  Act  3094,  note. 

MANTECA. 

See  Act  3094,  note. 


Act  26S2,  gg  1-3  GENERAL   LAWS.  .  1514 


CHAPTER  207. 

MANUFACTURERS. 

References:    False  labels  on  manufactured  goods,  see  Kerr's  Cyc.  Political  Code,  §  349a. 
Preference  to  local  manufacturer  in  the  purchase  of  public  supplies,  see  Kerr's  Cyc. 

Political  Code,  §  3247. 
See,  generally,  tits.  "Adulteration";  "Butter";  "Cheese";  "Foods";  "Fruits";  "Hours 

of  Labor";  "Infants";  "Labor  Bureau";  "Industrial  Welfare  Commission";  "Master 

and  Servant";  "Public  Health." 

CONTENTS  OF  CHAPTER. 

ACT  2682.  Labeung  Articles  Made  From  Shoddy. 

2683.  Kegistration  of  Factories. 

2684.  Medical  and  Surgical  Appliances  in  Factories. 
26S5.  Sanitation  op  Factories. 

LABELING  ARTICLES  MADE  FROM  SHODDY. 

ACT  2682 — An  act  providing  for  the  labeling  or  stamping  by  the  manufacttirer,  vendor, 

or  person,  offering  for  sale  any  article   of  hotel,  boarding  or  lodging-house,   or 

domestic   or   office    furniture,    the   cushions   whereof    are   stuffed   in   whole    or   in 

part  with  materials  made  of  second-hand  or  cast-off  clothing,  rags,  or  cast-off,  or 

second-hand  material  of  any  character,  so  that  the  label  or  stamp  shall  show  the 

character  of  the  materials  with  which  such  articles  are  so  partly  made  or  stuffed, 

and  making  the  violation  of  any  of  the  provisions  of  this  act  a  misdemeanor. 

History:     Approved   March   18,   1909,   Stats.  1909,  p.   400.     Amended 
February  28,  1911,  Stats.  1911,  p.  88. 

Shoddy  cushions,  stamp  must  show  fact. 

§  1.  All  persons  manufacturing  in  this  state,  in  whole  or  in  part,  any  article  of 
hotel,  boarding-house,  lodging-house  or  domestic  or  office  furniture,  or  beds  or  mat- 
tresses, or  cushions,  used  or  intended  to  be  or  that  could  be  used  by  human  beings,  that 
are  stuffed  or  made  in  whole  or  in  part,  with  material  composed  in  whole  or  in  part 
from  second-hand  or  cast-off  clothing,  rags,  or  second-hand,  or  cast-off  material  of  any 
character  whatever,  or  with  shoddy,  shall  at  the  time  of  the  completion  of  such  manu- 
facture attach  to  a  conspicuous  place  upon  each  of  such  articles  so  manufactured  by 
him,  a  label  or  stamp  showing  the  correct  character  of  the  materials  with  which  the 
cushion  portion  of  such  articles  of  furniture  or  beds  or  cushions  or  mattresses  are 
stuffed,  and  no  person  so  manufacturing  any  such  articles  shall  allow  the  same  or  any 
thereof  to  leave  his  possession  in  the  course  of  trade  or  business  unless  such  label  or 
stamp  is  so  affixed,  and  no  person  shall  sell,  or  offer  for  sale,  in  this  state  any  of  such 
articles  of  furniture,  or  beds,  or  mattresses,  or  cushions,  whether  the  same  are  manu- 
factured in  this  state  or  not,  unless  such  a  label  or  stamp  is  so  affixed. 

Penalty. 

$  2.  Any  person  violating  any  of  the  provisions  of  this  act  shall  be  guilty  of  a  mis- 
demeanor, and  upon  conviction  thereof  shall  be  punished  by  a  fine  of  not  less  than 
fifty,  nor  more  than  five  hundred  dollars,  or  imprisoned  not  more  than  six  months,  or 
by  both  such  fine  and  imprisonment. 

Duty  of  labor  commissioner. 

§  3.  It  shall  be  the  duty  of  the  commissioner  of  the  bureau  of  labor  statistics  to 
enforce  the  provisions  of  this  act.  The  commissioner,  his  deputies  and  agents  shall 
ha^e  all  powers  and  authority  of  sheriffs  to  make  arrests  for  violations  of  the  provisions 
rf  'his  act.    [New  section  approved  March  1,  1911.    Stats.  1911,  p.  88.] 


i 


1515  MANUFACTURERS.  Acts  2683, 2684,  g  1 

REGISTRATION  OF  FACTORIES. 

ACT  2683— An  act  to  provide  for  the  registration  of  factories,  workshops,  mills  and 

other  manufacturing  establishments. 

History:  Approved  June  2,  1913.  In  effect  August  10,  1913.  Stats. 
1913,  p.  444.  Amended  May  5,  1917.  In  effect  July  27,  1917.  Stats. 
1917,  p.  270. 

Registration  of  factories. 

$  1.  The  owner  of  any  factory,  workshop,  mill  or  other  manufacturing  establish- 
ment, where  five  or  more  persons  are  employed,  shall  register  such  factory,  workshop, 
mill  or  other  manufacturing  establishment  with  the  bureau  of  labor  statistics,  giving 
the  name  of  the  owner,  the  name  under  which  the  business  is  carried  on,  the  location 
of  the  plant,  the  address  of  the  general  offices  or  principal  place  of  business  and  such 
other  information  as  the  commissioner  of  labor  shall  require.  Such  registration  of 
existing  factories,  workshops,  mills  or  other  manufacturing  establishments  shall  be 
made  on  or  before  January  1,  1914.  All  factories,  workshops,  mills  or  other  manufac- 
turing establishments  hereafter  established  shall  be  so  registered  within  thirty  days 
after  the  commencement  of  business.  Within  thirty  days  after  a  change  in  the  location 
of  a  factory,  workshop,  mill  or  other  manufacturing  establishment  the  owner  thereof 
shall  file  with  the  commissioner  of  the  bureau  of  labor  statistics  the  new  address. 

Notice  by  commissioner  of  labor. 

Whenever  the  commissioner  of  labor  shall  have  been  notified  or  otherwise  becomes 
aware  of  the  existence  of  a  new  factory,  or  factories,  he  shall  forward  a  notification  of 
said  fact  on  or  before  the  tenth  day  of  each  month  to  the  state  board  of  health  and 
to  the  board  of  health  or  the  health  officer  of  the  city  and  county  wherein  said  factory 
or  factories  may  be  located.  [Amendment  of  May  5,  1917.  In  effect  July  27,  1917. 
Stats.  1917,  p.  270.] 

Enforcement  of  act. 

§  2.  The  bureau  of  labor  statistics  shall  enforce  the  provisions  of  this  act.  The 
commissioner,  his  deputies  and  agents,  shall  have  all  the  powers  and  authority  of 
sheriffs  or  other  peace  officers,  to  make  arrests  for  violations  of  the  provisions  of  this 
act,  and  to  serve  any  process  or  notice  throughout  the  state. 

Penalty. 

§  3.  Any  person,  firm  or  corporation  who  violates  or  omits  to  comply  with  the  pro- 
visions of  this  act  is  guilty  of  a  misdemeanor,  and  shall  upon  conviction  thereof,  be 
punished  by  a  fine  of  not  less  than  twenty-five  dollars  or  more  than  two  hundred  dollars, 
or  by  imprisonment  for  not  more  than  sixty  days,  or  by  both  such  fine  and  imprison- 
ment. All  fines  imposed  and  collected  under  the  provisions  of  this  act  shall  be  paid 
into  the  state  treasury  and  credited  to  the  contingent  fund  of  the  bureau  of  labor 
statistics. 

MEDICAL  AND  SURGICAL  APPLIANCES  IN  FACTORIES. 
ACT  2684 — An  act  to  provide  for  the  keeping  of  medical  and  surgical  appliances  in 

factories. 

History:  Approved  May  19,  1913.  In  effect  August  10,  1913.  Stats. 
1913,  p.  511. 

Medical  chests  in  factories  required. 

§  1.  Every  person,  firm  or  corporation  operating  a  factory  or  shop,  or  conducting 
anjr  business  in  which  power  machinery  is  used  for  any  manufacturing  purpose,  except 
for  elevators  or  for  heating  or  hoisting  apparatus,  where  five  or  more  persons  are 
employed,  shall  at  all  times  keep  and  maintain,  in  some  accessible  place  upon  the 


Act- 3CS5.  2600.  8  1  GKXERALLAWS.  1516 

premises  upon  which  siuh  factory,  shop  or  business  is  located,  free  of  expense  to  the 
employees,  a  medical  or  surgical  chest  which  sliall  contain  an  adequate  assortment  of 
absorbent  lint,  absorbent  cotton,  sterilized  gauze,  plain  and  medicated,  adhesive  plaster, 
cotton  and  gauze  bandages,  also  one  tourniquet,  one  pair  scissors,  one  pair  tweezers,  one 
jar  carbolized  petrolatum,  one  bottle  antiseptic  solution,  and  one  first  aid  manual,  all 
of  which  shall  cost  not  less  than  six  dollars,  and  to  be  used  in  the  treatment  of  persons 
injured  or  taken  ill  upon  the  premises. 

Penalty. 

$  2.     Any  person,  firm  or  corporation  violating  this  act  shall  be  subject  to  a  fine  of 

not  less  than  ten  dollars  nor  more  than  fifty  dollars  for  every  week  during  which  such 

violation  continues. 

SANITATION  OF  FACTORIES. 

ACT  2685 — An  act  to  provide  for  the  proper  sanitary  condition  of  factories  and  work- 
shops and  for  the  preservation  of  the  health  of  the  employees. 

History:  Approved  February  6,  1889,  Stats.  1889,  p.  3.  Amended 
March  23,  1901,  Stats.  1901,  p.  571;  February  12,  1903,  Stats.  1903, 
p.  16;  February  22,  1909,  Stats.  1909,  p.  43. 

This  section  was  also  amended  March  23,  1901,  Stats.  1901,  p.  571. 

Consfltutlonallty. — Declared  unconstitutional  as  an  improper  delepration  of  poUce  power 
to  the  commissioner  of  labor. — Schaezlein  v.  Cabaniss,  135  Cal.  466,  87  Am.  St.  122,  56 
I*  R.  A.  733.  67   Pac.  755. 

CHAPTER  208. 

MAPS. 

References:   Assessment   purposes,  maps   for,   see   Kerr's   Cyc.   Political   Code,   §§  3654, 

et  seq. 
Boundaries,  rule  of  evidence  as  to  description  of,  referring  to  maps,  see  Kerr's  Cyc. 

Code  Civil  Procedure,  §  2077. 
Maps  as  evidence,  see  Kerr's  Cyc.  Code  Civil  Procedure,  §  1936. 
Railroad  maps,  see  Kerr's  Cyc.  Civil  Code,  §  4G6. 
Stealing  or  mutilating,  see  Kerr's  Cyc.  Penal  Code,  §§  113,  114. 
Wagon-road  maps,  see  Kerr's  Cyc.  Civil  Code,  §  513. 

CONTENTS  OF  CHAPTER. 

ACT  2690.     Eecording  Maps  of  Subdivisions. 

2691.  CuRATivK  Act  of  1917. 

2692.  Alteration  oe  Vacation  of  Eecorded  Maps. 

RECORDING  MAPS  OF  SUBDIVISIONS. 

ACT  2690 — An  act  requiring  the  recording  of  maps  of  subdivisions  of  land  into  lots 

for  the  purpose  of  sale,  and  prescribing  the  conditions  on  which  such  maps  may  be 

recorded  and  prohibiting  the  selling  or  offering  for  sale  of  land  by  reference  to  said 

maps  unless  the  same  are  recorded. 

History:  Approved  March  15,  1907,  Stats.  1907,  p.  290.  Amended 
(1)  June  11.  1913;  in  effect  August  10,  1913,  Stats.  1913,  p.  568;  (2) 
June  12,  1915;  in  effect  August  8,  1915,  Stats.  1915,  p.  1512;  (3)  May  2, 
1919;  in  effect  July  22,  1919,  Stats.  1919,  p.  164;  (4)  May  2,  1919;  in 
effect  July  22,  1919,  Stats.  1919,  p.  177;  (5)  May  18,  1919;  in  effect 
Julv  22,  1919,  Stats.  1919.  p.  725.  Prior  act  of  March  9,  1893,  Stats. 
1893.  p.  96,  amended  March  14,  1901,  Stats.  1901,  p.  288,  repealed  by  the 
present  act. 

Map  of  subdivision  must  be  recorded.    Matters  set  forth. 

§  1.  Whenever  any  tract  or  subdivision  of  land  shall  be  laid  out  into  lots  for  the 
purpose  of  selling  the  same  by  reference  to  a  map  or  plat,  the  owner  or  owners  thereof 
shall  cause  to  be  made  out  and  filed  with  the  county  recorder  of  the  county  in  which 
the  same  is  situated,  an  accurate  map  or  plat  tliereof  on  cloth,  drawn  and  attested  to 


1517  BIAPS.  Act  2C90,  g§  2,  3 

by  a  civil  engineer  or  licensed  surveyor  from  his  own  survey  of  the  ground.  Said 
engineer  or  surveyor  shall,  in  making  the  surveys,  leave  sufiieient  permanent  monu- 
ments so  that  another  surveyor  or  engineer  may  retrace  his  work.  The  nature  and 
location  of  these  monuments  shall  be  plainly  shown  on  the  map;  provided,  however, 
that  on  all  maps  of  tracts  filed  for  the  purpose  of  showing  as  acreage,  land  previously 
subdivided  into  numbered  or  lettered  lots  or  parcels,  no  survey  or  certificate  by  sur- 
veyor or  engineer  shall  be  required.  The  map  shall  also  particularly  set  forth  and 
describe : 

First — All  parcels  of  ground  within  such  tract  or  subdivision  used  for  public  pur- 
poses or  offered  for  dedication  for  public  uses,  whether  they  be  intended  for  public 
highways,  parks,  courts,  commons  or  other  public  uses  and  their  dimensions  and  boun- 
daries and  the  courses  of  their  boundary  lines. 

Second — All  lots  intended  for  sale,  or  reserved  for  private  purposes  and  not  offered 
for  dedication  to  the  public  use,  either  by  number  or  letter,  and  their  dimensions  and 
boundaries  and  the  courses  of  their  boundary  lines.  All  parcels  of  land  offered  for 
dedication  as  public  highways  and  not  accepted  by  the  proper  authorities  upon  pre- 
sentation to  them,  shall  also  be  designated  by  number  or  letter. 

Third — The  exact  location  of  such  tract  or  subdivision  of  land  into  lots  with  refer- 
ence to  adjacent  subdivisions  of  land  into  lots,  the  maps  or  plats  of  which  have  been 
previously  recorded,  if  any,  or  if  none,  then  with  reference  to  comers  of  a  United 
States  survey,  or  to  some  natural  or  artificial  monument.  [Amendment  of  May  2,  1919. 
In  effect  July  22,  1919.    Stats.  1919,  p.  177,] 

This  section  was  also  amended  June  11,  1913,  Stats.  1913,  p.  586;  June  12,  1915,  Stats. 
1915,  p.  1512. 

Map  on  cloth.    Size.    Scale. 

$  2.  Every  such  map  or  plat  shall  be  on  cloth  and  clearly  and  legibly  drawn  in  all 
its  details  upon  tracing  cloth  of  good  quality.  The  size  of  the  sheets  of  drawing  cloth 
must  be  18  by  26  inches  or  13  by  18  inches.  Marginal  lines  must  be  drawn  around  the 
entire  sheet,  leaving  a  margin  of  one  inch  from  the  edges  of  the  sheets,  and  the  name, 
title,  or  other  designation,  and  all  drawings,  affidavits,  certificates,  acknowledgments, 
indorsements,  acceptances  of  dedication,  and  notarial  seals  must  be  within  said  mar- 
ginal lines.  The  scale  to  which  the  drawing  is  made  must  be  large  enough  to  show  the 
details  clearly,  and  two  or  more  sheets  must  be  used  if  one  does  not  give  sufficient  room 
to  accomplish  this  end.  If  more  than  one  sheet  is  used,  each  sheet  must  be  numbered, 
connections  of  one  sheet  to  another  clearly  given  and  the  number  of  the  sheets  used  in 
the  subdivision  must  be  given  in  the  affidavit.  [Amendment  approved  June  11,  1913. 
Stats.  19l3,  p.  569.    In  effect  August  10,  1913.] 

Consent  of  owner.    Certificate  of  auditor.    Bond.    Land  intended  for  public  use. 

§  3.  Upon  every  such  map  or  plat  there  shall  be  indorsed  a  consent  to  the  making 
thereof,  signed  by  the  owner  or  owners  of  the  tract  or  other  subdivision  of  land  shown 
thereon,  and  also  by  all  other  persons  whose  consent  is  necessary  to  pass  a  clear  title 
to  such  land,  and  acknowledged  by  all  the  signers  in  the  same  manner  as  conveyances 
of  real  property;  also  a  certificate  from  the  county  auditor,  and  from  the  auditor  or 
other  proper  officer  of  anj'^  municipal  corporation  in  which  any  part  of  such  tract  or 
other  subdivision  is  situated,  showing  that  there  are  no  liens  for  unpaid  state,  county, 
municipal  or  other  taxes,  except  taxes  not  yet  payable  against  said  tract  or  subdivision 
of  land  or  any  part  thereof;  also  where  a  tax  lien  attaches  against  any  such  tract  or 
subdivision  or  any  part  thereof  a  certificate  of  the  clerk  of  the  board  of  supervisors 
that  a  bond  has  been  filed  with  said  board  as  provided  herein ;  and  the  owner  or  owners 
of  any  tract,  or  other  subdivision  of  land  shown  thereon,  shall  execute  and  file  with  the 
board  of  supei'\'isors  of  the  county  wherein  such  tract,  or  subdivision,   or  any  part 


<ct  2690,  g  4  GENE^RAL.  LAWS.  1518 

thereof,  is  situated,  a  good  and  sufficient  bond  to  be  approved  by  and  in  amount  to  be 
fixed  by  said  board  of  supervisors  and  by  its  terms  made  to  inure  to  the  benefit  of  the 
county  wherein  such  tract,  subdivision,  or  an}'  part  thereof,  is  situate,  and  conditioned 
for  the  paj'ment  of  all  taxes  which  are  at  the  time  of  filing  of  said  map,  a  lien  against 
any  such  tract,  or  subdivision,  or  any  part  thereof,  but  not  yet  payable.  Except  that 
no  tax  bond,  or  certificate  in  regard  to  tax  bond,  by  the  clerk  of  the  board  of  super- 
visors, shall  be  required  on  any  map  which  may  be  recorded  on  or  after  the  date  upon 
which  the  taxes  for  the  current  year  have  become  payable  and  before  the  date  upon 
which  the  assessment  for  the  next  succeeding  year  is  based.  Upon  every  such  map  or 
jilat  which  shows  any  parcels  of  land  intended  for  public  use  and  not  previously  dedi- 
cated therefor,  there  shall  be  indorsed  a  statement  of  the  dedication  of  such  parcels 
of  land  intended  for  public  use,  executed  by  the  owner  or  owners,  and  by  all  other 
persons  whose  consent  is  necessary  to  pass  a  cleai-  title  to  such  parcels  of  gi-ound  to  the 
public,  and  acknowledged  by  all  persons  executing  the  same  in  the  same  manner  as 
conveyances  of  real  property.  [Amendment  of  May  2,  1919.  In  effect  July  22,  1919. 
Stats."  1919,  p.  164.] 

This  section  was  also  amended  June  11,  1913,  Stats.  1913,  p.  569. 

Approval  of  map  by  city  or  county  governing  body.    Certificate  of  examination  as  to 
value  of  territory.    Highways  to  conform  to  those  surrounding. 

$  4.  The  map  or  plat  so  made,  indorsed  and  acknowledged  shall  be  submitted  to  the 
governing  body  of  the  city,  city  and  county,  or  county  having  control  of  public  highways 
in  the  territory  shown  on  such  map  or  plat,  for  the  approval  of  such  governing  body 
before  such  map  or  plat  is  filed  for  record  in  the  recorder's  office;  provided,  that  said 
map  or  plat  shall  not  be  accepted  or  approved  by  such  governing  body  unless  the  same 
is  accompanied  by  a  certificate  of  the  county  surveyor  and  county  assessor,  if  such  tract 
or  subdivision  of  land  lies  in  unincorporated  territory,  or  city  engineer,  if  such  there 
be,  and  the  city  assessor  of  any  incorporated  city  or  town,  in  which  the  whole  or  any 
part  of  such  tract  or  subdivision  of  land  is  situated,  showing  that  each  and  every  lot 
and  block  therein  has  been  carefully  examined  as  to  its  value  for  residence  or  commer- 
cial uses  with  their  suggestions  and  recommendations  to  such  governing  body;  and  pro- 
vided, further,  that  whenever  such  tract  or  subdivision  of  land  lies  within  an  incorpo- 
rated city  or  town,  the  map  or  plat  thereof  shall  first  be  submitted  by  the  governing 
body  thereof  to  the  city  planning  commission,  if  such  there  be,  of  such  city  or  town,  or, 
if  there  be  no  city  planning  commission,  to  the  city  engineer,  if  such  there  be.  Said  city 
planning  commission,  or  city  engineer,  shall  report  thereon  to  the  governing  body  within 
ten  days  after  receipt  of  said  map  or  plat.  If  such  tract  or  subdivision  of  land  is  in  un- 
incorporated territory  but  within  three  miles  from  the  exterior  boundaries  of  any  city  or 
town,  the  map  or  plat  thereof  shall  first  be  submitted  by  the  county  board  of  super- 
visors to  the  city  planning  commission,  if  such  there  be,  or  to  such  city  engineer  as 
above  provided  of  the  city  or  town  lying  nearest  to  such  tract  or  subdivision  of  land, 
whereupon  such  commission  shall  make  an  examination  of  such  map  or  plat  and  submit 
a  report  thereon  with  its  suggestions  and  recommendations  to  the  governing  body  of 
the  municipality.  Said  governing  body  shall  thereupon  submit  a  report  thereon,  with 
its  suggestions  and  recommendations  to  the  said  county  board  of  supervisors.  Such 
governing  body  after  considering  the  report  of  the  city  planning  commission,  or  the 
city  engineer,  as  the  case  may  be,  and  said  county  board  of  supervisors,  after  consider- 
ing the  report  of  said  governing  body,  shall  approve  or  disapprove  such  map  or  plat 
within  thirty  days  after  the  same  is  submitted  to  it  as  above  provided.  In  the  event  of 
the  failure,  refusal  or  neglect  of  said  city  planning  commission,  or  city  engineer  to  so 
report  within  said  ten  days  to  the  said  governing  body  it  shall  then  be  the  duty  of  said 
commission  or  city  engineer  to  forthwith  transmit  said  map  or  plat  to  said  governing 


1519  NAPS.  Act  2690,  §g  5-8 

body  for  its  action  thereon.  In  the  event  of  the  failure,  refusal  or  neglect  of  said  gov- 
erning body  to  so  report  to  said  county  board  of  supervisors  within  twenty  days  after 
said  county  board  has  so  filed  said  map  or  plat  with  said  city  planning  commission,  or 
city  engineer,  it  shall  then  be  the  duty  of  said  governing  body  to  forthwith  transmit 
said  map  or  plat  to  said  county  board  of  supervisors  for  its  action  thereon.  If  approved, 
the  said  governing  body  or  board  of  supervisors  shall  indorse,  or  cause  to  be  indorsed, 
on  said  map,  or  plat  its  approval  of  the  same.  Without  such  approval  the  said  map  or 
plat  shall  not  be  filed  for  record  or  be  recorded.  Such  governing  body  may  require  the 
public  highways,  if  any,  offered  for  dedication  by  said  map  or  plat  and  the  parcel  or 
parcels  of  land,  if  any,  therein  reserved  or  indicated  for  highway  or  right  of  way  pur- 
poses, and  not  offered  for  dedication  to  public  use,  to  be  as  wide  as  and  to  conform,  as 
near  as  practicable,  to  the  adjoining,  surrounding  or  neighboring  streets  or  highways 
of  said  city,  city  and  county,  or  county.  If  such  map  or  plat  offers  for  dedication  any 
highways  said  governing  body  or  board  of  supervisors  shall  indorse  thereon  which  of 
the  highways  so  offered  for  dedication  are  accepted  on  behalf  of  the  public,  ^nd  there- 
upon such  highways  which  have  been  so  accepted,  and  no  others,  shall  be  and  become 
dedicated  to  the  public  use.  [Amendment  of  May  18,  1919.  In  effect  July  22,  1919. 
Stats.  1919,  p.  725.] 

This  section  was  also  amended  June  11,  1913,  Stats.  1913,  p.  570;  June  12,  1915,  Stats. 
1915,  p.  1513. 

Name  of  plat  to  be  indorsed  on  map.    Duty  of  recorder. 

§  5.  Upon  every  such  map  or  plat  there  shall  be  indorsed  a  name,  title  or  designation, 
but  no  such  tract  or  subdivision  of  land  into  lots  shall  be  given  any  title,  name  or  desig- 
nation that  is  the  same  as  the  name  of  any  existing  city,  town,  tract  or  subdivision  of 
land  into  lots  in  the  same  county,  of  which  the  map  or  plat  has  been  previously  recorded, 
or  so  nearly  the  same  as  to  mislead  the  public  or  cause  confusion  as  to  the  identity 
thereof.  "Whenever  any  map  or  plat  required  by  this  act  to  be  made  shall  be  presented 
to  a  county  recorder  for  filing  or  recording,  he  shall  examine  the  title,  name  or  designa- 
tion indorsed  thereon  and  compare  the  same  with  the  records  in  his  office,  and  if  he 
finds  that  said  title,  name  or  designation  violates  this  section  in  any  respect,  he  shall 
refuse  to  file  or  record  such  map  or  plat,  whether  the  same  be  offered  for  record  as  a 
separate  map  or  as  a  licensed  surveyor's  record,  or  as  a  part  of  any  deed  or  other 
instrument. 

Map  must  comply  with  this  act. 

S  6.  No  map  or  plat  referred  to  in  this  act  shall  be  accepted  by  the  county  recorder 
for  filing  or  recording,  unless  the  same  shall  in  all  respects  comply  with  the  provisions 
of  this  act,  and  the  recorder  shall  be  entitled,  before  accepting  or  refusing  such  map  or 
plat,  to  sufficient  time  to  enable  him  to  examine  the  same.  [Amendment  approved 
June  11,  1913.    Stats.  1913,  p.  570.    In  effect  August  10, 1913.] 

Book  of  maps. 

§  7.  When  any  map  or  plat  referred  to  in  this  act  is  presented  to  the  county 
recorder  and  is  received  and  accepted  by  him,  he  shall  paste  or  otherwise  fasten  the 
same  securely  in  a  book  of  maps  which  he  shall  keep  in  his  office,  and  it  shall  be  deemed 
to  have  been  recorded  and  shall  become  a  public  record. 

No  sale  of  lots  before  filing  map. 

$  8.  No  person  shall  sell  or  offer  for  sale  any  lot  or  parcel  of  land,  by  reference  to 
any  map  or  plat,  unless  such  map  or  plat  has  been  made,  certified,  indorsed,  acknowl- 
edged and  filed  in  all  respects  as  provided  in  this  act,  or  was  filed  or  recorded  prior  to 
the  taking  effect  of  this  act  and  in  accordance  with  the  laws  in  force  at  the  time  it  was 
so  filed  or  recorded,  and  no  person  shall  sell  or  offer  for  sale  any  lot  or  parcel  of  land 


Act  2690,  §  » 


GENERAL   LAWS. 


1520 


by  reference  to  any  map  or  plat  other  than  such  recorded  map  or  plat  or  true  and  cor- 
rect copy  thereof.  [Amendment  approved  June  11,  1913.  Stats.  1913,  p.  57(J.  In 
effect  August  10,  1913.] 

Penalty.    Owners  failing  to  file  map  may  petition  court  for  permission  to  file. 

§  9.  Every  person  who  violates  any  of  the  provisions  of  this  act  is  guilty  of  a  mis- 
.demeanor,  and  upon  conviction  thereof  shall  be  punishable  by  a  fine  of  not  less  than 
twenty-five  dollars  and  not  more  than  five  hundred  dollars,  or  by  imprisonment  in  the 
county  jail  for  a  period  of  not  more  than  six  months,  or  by  both  such  fine  and  imprison- 
raent/  and  the  recordation  of  any  map  or  plat  which  is  not  executed  and  approved  as 
herein  required  shall  be  null  and  void;  provided,  however,  that  any  owner  or  owners 
of  any  such  tract  or  subdivision,  who  prior  to  the  taking  effect  of  this  act  caused  to  be 
])repared  proper  maps  or  plats  thereof  in  conformity  with  the  provisions  of  the  act 
mentioned  in  section  one  hereof,  and  thereafter,  through  inadvertence  or  excusable 
neglect,  fgiled  to  record  the  same  prior  to  conveying  lots  shown  thereon,  may,  within 
one  year  after  this  act  takes  effect,  petition  the  superior  court  of  the  county  wherein 
such  land  is  situate  for  an  order  permitting  such  map  or  plat  to  be  filed  and  recorded 
as  in  said  act  provided ;  and  the  court  may,  upon  the  hearing  of  such  petition,  if  satis- 
fied that  good  cause  exists  therefor,  make  such  order.  A  copy  of  the  petition  shall  be 
served  upon  the  county  recorder  at  least  ten  days  prior  to  such  hearing,  and  a  certified 
copy  of  such  order,  if  any  be  made,  shall  be  filed  with  the  map.  [Amendment  approved 
June  11,  1913.    Stats.  1913,  p.  571.    In  effect  August  10,  1913.] 

The  amendatory  act  of  1913,  p.  571,  contained  the  following  provision: 

Repealed. 

§  8.  An  act  entitled,  "An  act  requiring  the  recording  of  maps  of  cities,  towns,  addi- 
tions to  cities  or  towns,  or  subdivisions  of  land  into  small  lots  or  tracts  for  the  purpose 
of  sale  and  providing  a  penalty  for  the  selling  or  offering  for  sale  any  lots  or  tracts 
in  cities  towns,  additions  to  cities,  towns,  subdivisions,  or  additions  thereto,  before 
such  maps  are  filed  and  recorded, ' '  approved  March  9,  1893,  and  all  acts  and  parts  of 
acts  in  conflict  with  this  act,  are  hereby  repealed. 


1.  Coustmction — Misdemeanor. — ^The  act 
makes  it  a  misdemeanor  both  to  sell  and  to 
offer  for  sale,  by  express  reference  to  a 
map,  where  such  map  has  not  been  recorded 
as  the  act  requires. — King  v.  Johnson,  30 
Cal.  App.  63,  157  Pac.   531. 

2.  Same — Vot  a  revenoe  measure. — The 
act  Is  not  a  revenue  measure,  but  a  declara- 
tion of  public  policy,  and  the  questions  of 
the  public  interest  in  applying  it,  and  of 
matters  of  private  justice  between  indi- 
viduals can  not  be  considered. — King  v. 
Johnson,    30   Cal.   App.    63,   157    Pac.   531. 

3.  Same — Benefit  of  vendees — Broker's 
riglit  of  recovery  for  services. — The  con- 
tention that  the  act  was  intended  for  the 
benefit  of  vendees  only,  and  should  not  be 
construed  to  prevent  a  broker  from  recov- 
ering for  services  in  selling  lots  which 
come  within  the  provisions  of  the  act,  can 
not  be  maintained. — King  v.  Johnson,  30 
Cal.   App.   63,   157   Pac.    531. 

4.  Same — Prohil>iting  sales  without  map. 
— The  act  can  only  be  construed  as  prohibit- 
ing sales  where  the  property  was  desig- 
nated, as  being  delineated  on  a  map,  to 
which  express  reference  was  made  in  the 
contract  of  purchase,  and  which  had  not 
been  presented  and   filed  for  record  as  the 


act  requires. — Baines  v.  Shank,  12  Cal.  App. 
391,   107  Pac.   631. 

See,  also,  Schultz  v.  Redondo,  etc.,  Co.,  156 
Cal.  439,  105  Pac.  118. 

5.  Same — Violation  of  act  by  a^ent. — An 
agent  who  knowingly  sells  land  required  by 
the  act  to  be  delineated  on  a  map  and  th<» 
latter  recorded,  with  a  previous  compliance 
with  the  act  is  guilty  of  an  illegal  act,  and 
can  not  recover  compensation  therefor. — 
King  v.  Johnson,  30  Cal.  App.  63,  157  Pac. 
531. 

6.  Same — Acts  required  of  proprietor. — 
The  proprietor  of  land  who  has  filed  the 
map  required  by  the  act  for  record  has  don^ 
all  that  the  act  requires  him  to  do,  and  the 
delay  of  the  recorder  in  posting  the  map  in 
the  book  of  maps  does  not   alTect  the  right 

of  such  proprietor  to  thereafter  make  a  sale, 
nor  render  such  sale  a  criminal  offense. — 
Bentley  v.  Hurlburt,  153  Cal.  796,  96  Pac. 
890;  Hurlburt  v.  Bentley,  153  Cal.  796,  96 
Pac.  890. 

7.  Same — Approval  of  county  surveyor 
not  required. — The  approval  of  the  county 
surveyor  is  not  required  under  the  act,  and 
if  the  map  is  in  the  form  required  bj'  the 
act,  the  recor(|er  is  not  authorized  to  make 
such  approval  a  condition   precedent   to   the 


1621  MAPS.  Acts  2691, 2692,  §§  1, 2 

receiving  and  recording:  of  the  map. — Bent-  the  surveyor,  at  the  recorder's  request,  does 

ley   V.    Hurlburt,    153   Cal.    796,    96    Pac.    890;  not  constitute  a  withdrawal  of  the  map  so 

Hurlburt    v.    Bentley,    153    Cal.    796,    96    Pac.  as    to   nullify   the   original    presentation    for 

890.  record,  and  its  subsequent  recordation  must 

8.      Snmc — \V^itIidravi-al   ot  map   after  pre-  be  regarded  as  made  pursuant  to  such  orig- 

sentation    for    record. — The    withdrawal    of  inal  presentation. — Bentley  v.  Hurlburt,  153 

the    map    after   presentation    for    record    for  Cal.  796;  Hurlburt  v.  Bentley,   153  Cal.  796. 
the    purpose    of    obtaining    the    approval    of 

CURATIVE  ACT  OF  1917. 

ACT  2691 — An  act  to  cure  defects  in  maps  or  plats  filed  for  record  prior  to  January  1, 

1917,  and  in  deeds  or  conveyances  referring  to  such  maps. 

History:     Approved  June  1,   1917.     In   effect  July  31,  1917.     Stats. 
1917,  p.  1653. 

Defects  cured  in  maps  filed  prior  to  January  1,  1917. 

§  1.  Any  map  or  plat  recorded  or  filed  with  the  county  recorder  of  the  county  in 
which  the  lands  shown  on  said  map  or  plat  are  situated  prior  to  the  first  day  of 
January,  one  thousand  nine  hundred  seventeen,  shall  for  all  purposes  be  deemed  to 
have  been  properly  so  recorded  or  filed  and  to  comply  with  all  the  requirements  of  the 
laws  in  force  at  the  time  it  was  so  recorded  or  filed,  notwithstanding  any  defect,  omis- 
sion or  informality  in  the  preparation  or  execution  of  such  map  or  plat  or  of  the 
affidavits,  certificates,  acknowledgments,  indorsements,  acceptances  of  dedication  or 
other  matters  thereon  or  required  to  be  thereon  by  any  law  in  force  at  the  time  of  such 
recording  or  filing,  and  all  sales  or  conveyances  of  land  by  reference  to  any  such  map 
or  plat  shall  be  valid  as  though  said  raap  or  plat  had  been  made,  certified,  indorsed, 
acknowledged  and  filed  in  all  respects  in  accordance  with  the  laws  in  force  at  the  time 
said  map  or  plat  was  so  recorded  or  filed.  And  any  deed  or  conveyance  referring  to 
any  such  map  or  plat  which,  prior  to  the  passage  hereof,  was  copied  into  the  proper 
book  of  records  kept  in  the  office  of  any  county  recorder  shall  impart  after  the  passage 
hereof  notice  of  its  contents  to  subsequent  purchasers  and  incumbrancers,  notwithstand- 
ing any  defect,  omission  or  informality  in  the  preparation  or  execution  of  such  map 
or  plat  or  of  the  affidavits,  certificates,  acknowledgments,  indorsements,  acceptances  of 
dedication  or  other  matters  thereon  or  required  to  be  thereon  by  any  law  in  force  at 
the  time  of  such  recording  or  filing. 

ALTERATION  OR  VACATION  OF  RECORDED  MAPS. 

ACT  2692 — An  act  to  provide  for  the  exclusion  of  any  portion  of  the  lands  embraced 

within  a  subdivision  or  tract  of  land  and  for  the  alteration  or  vacation  of  recorded 

maps  or  plats  thereof. 

History:    Approved  May  7,  1919.    In  effect  July  22,  1919.    Stats.  1919, 
p.  329. 

Exclusion  of  land  from  subdivision. 

§  1.     Upon  the  application  of  the  owners  of  at  least  two-thirds  of  the  area  of  the 

land  included  within  the  boundaries  of  any  tract  or  subdivision  of  land  described  in  a 

recorded  map  or  plat,  the  superior  court  of  the  county  or  city  and  couutj'  wherein  such 

land  is  situated,  may  cause  all  or  any  portion  of  such  land  to  be  excluded  from  the 

subdivision  or  tract  and  the  recorded  map  or  plat  thereof  to  be  altered  or  vacated  as 

hereinafter  provided. 

Petition. 

§  2.  The  application  provided  for  in  section  one  hereof  shall  be  made  by  filing  in 
the  office  of  the  county  clerk  of  the  county  or  citj'  and  county  in  which  the  tract  or  sub- 
division, or  that  portion  of  the  land  sought  to  be  excluded,  is  situated,  a  petition  signed 
and  verified  by  the  owners  of  at  least  two-thirds  of  the  total  area  of  the  land  included 
within  the  boundaries  of  the  tract  or  subdivision,  as  shown  on  the  recorded  map  or  plat. 

Gen.  Laws— 96 


Act  2«82,  §§  3-7  GENERAL.   LAWS.  1522 

praying  that  all  or  such  portions  of  the  land  included  within  such  subdivision  or  tract 
as  is  described  shall  be  excluded  therefrom.  Such  petition  shall  also  show  the  reasons 
therefor.  The  land  sought  to  be  excluded  shall  be  accurately  and  distinctly  described 
by  reference  to  the  recorded  map  or  plat  or  by  an  accurate  survey.  The  petition  shall 
further  show  the  names  and  addresses  of  all  other  owners  of  the  land  in  the  subdivision 
or  tract  so  far  as  the  same  are  known  to  the  petitioners. 

Notice  of  filing  petition. 

§  3.  Upon  the  filing  of  a  petition  as  hereinbefore  provided,  any  judge  of  the  supe- 
rior court  of  the  county  or  city  and  county  wherein  such  land  is  situated,  shall  make 
an  order  directing  the  clerk  of  such  court  to  give  notice  of  the  filing  of  such  petition. 
Said  notice  shall  be  for  not  less  than  thirty,  nor  more  than  fifty,  days  as  shall  be  by 
such  judge  directed,  by  publication  in  some  newspaper  of  general  circulation  within 
the  county,  or  city  and  county,  or  if  there  is  no  newspaper  published  therein  by  posting 
in  three  of  the  principal  places  in  the  county  or  city  and  county.  Such  notice  shall 
contain  a  statement  of  the  nature  of  the  petition  together  with  a  direction  that  any 
person  may  file  his  objection  to  the  petition,  in  writing,  at  any  time  before  the  expira- 
tion of  the  time  of  posting  or  publication. 

Hearing  of  application.    Exclusion  by  court. 

$  4.  When  the  time  of  posting  or  publication  has  expired  there  shall  be  filed  with 
the  clerk  of  the  superior  court  an  affidavit  showing  due  posting  or  publication,  where- 
upon the  court  may  if  no  objection  has  been  filed,  proceed  without  further  notice  to 
hear  the  application.  If  upon  such  heai-ing  the  petitioners  shall  produce  to  said  court 
satisfactory  evidence  of  the  necessity  of  the  exclusion  of  said  lands,  and  that  the  owners 
to  two-thirds  of  the  area  of  the  land  included  within  such  tract  or  subdivision  are  such 
petitioners,  and  that  there  is  no  reasonable  objection  to  making  such  exclusion,  the 
court  may  proceed  to  exclude  the  lands  sought  to  be  excluded  by  the  petition,  and 
alter  or  vacate  any  recorded  map  or  plat  thereof,  and  enter  its  decree  accordingly. 

Hearing  of  objections. 

§  5.  If  objection  is  made  to  the  petition  which,  in  the  judgment  of  the  court  is 
material,  the  court  shall  proceed  to  hear  such  objection  and  may  adjourn  the  proceed- 
ings to  such  time  as  may  be  necessary  upon  proper  notice  to  the  petitioners. 

Public  highway  not  affected.    Tiling  of  decree. 

§  6.  The  exclusion  of  any  territory  herein  provided  for  or  the  alteration  or  vacation 
of  any  recorded  map  or  plat,  shall  not  affect  or  vacate  the  whole  or  any  part  of  any 
public  highway.  The  exclusion  of  any  land  herein  provided  for  or  the  alteration  or 
vacation  of  any  recorded  map  or  plat,  shall  be  complete  with  the  filing  in  the  office  of 
the  county  recorder  of  the  county  or  city  and  county  in  which  such  land  is  situated,  of  a 
copy  of  the  decree  of  the  superior  court.  The  county  recorder  shall  make,  upon  the 
face  of  any  such  recorded  map  or  plat  a  memorandum  stating  briefly  that  such  map 
or  plat  has  been  altered  or  vacated,  whichever  the  case  may  be,  and  giving  the  date 
and  reference  of  such  degree. 

New  map  filed. 

§  7.  In  case  any  land  has  been  excluded  and  any  map  or  plat  altered  pursuant  to  the 
provisions  of  this  act,  a  new  map  or  plat  shall  be  filed  with  the  county  recorder  in  the 
manner  provided  by  law  showing  the  boundaries  of  such  subdivision  or  tract  as  same 
appears  after  the  exclusion  and  alteration.  "» 

MARICOPA. 

See  Act  3094,  note. 


152S  MARIN   COUNTY.  Act*  2696-2727 

CHAPTER  209. 

MARIN  COUNTY. 

References:   Boundary,  see  Kerr's  Cyc.  Political  Code,  §  3929. 

County  government,  etc.,  see  Kerr's  Cyc.  Political  Code,  §§  4000,  et  seq. 

Fences,  see  tit.  "Fences,"  Act  1493. 

Herding  of  sheep,  see  tit.  "Sheep." 

Navigable  streams,  see  Kerr's  Cyc.  Political  Code,  §  2349. 

Public  schools,  see  Kerr's  Cyc.  Political  Code,  §§  1619,  1858. 

Marin  Municipal  Water  District,  see  tit.  "Municipal  Water  Districts,"  Act  3102. 

CONTENTS  OF  CHAPTER. 

ACT  2696.    Coroner's  Fees  in  State  Prison  Cases. 
2704.    Stock  Kunning  at  Large. 

CORONER'S  FEES  IN  STATE  PRISON  CASES. 

ACT  2696 — An  act  for  the  relief  of  Marin  county. 

History:     Approved  April  8,  1861,  Stats.  1861,  p.  121. 

This  act  provided  that  when  the  coroner  of  Marin  County  was  required  to  inquire  Into 
the  death  of  a  convict  in  state  prison,  the  fees  should  be  a  state  and  not  a  county  charge. 
It  also  made  the  same  provision  where  physicians  were  called  in  to  inquire  into  the 
sanity  of  a  convict  at  the  state  prison. 

STOCK  RUNNING  AT  LARGE. 
ACT  2704 — An  act  to  prevent  stock  from  running  at  large  upon  roads  and  highways  in 
the  county  of  Marin. 

History:    Approved  March  25,  1876,  Stats.  1875-76,  p.  482. 
The  c<>de  commissioners  say  this  act  was  modified  by  the  estray  law  of  1897,  p.  198,  and 
1901,  p.  603;  but  see  editor's  note  on  chapter  on  "Estrays." 

CHAPTER  210. 

MARIPOSA  COUNTY. 

References:     Boundaries,  see  Kerr's  Cyc.  Political  Code,  §  3930. 

County  government,  etc.,  see  Kerr's  Cyc.  Political  Code,  §§  4000,  et  seq. 
Highways,  see  Kerr's  Cyc.  Political  Code,  §§  2618,  et  seq. 


CHAPTER  211. 

MARKS  AND  BRANDS. 

References:     Altering,  counterfeiting,  defacing,  etc.,  see  Kerr's  Cyc.  Penal  Code,  §§  349a, 

356,  357,  358,  et  seq. 
Maries  and  brands,  see  Kerr's  Cyc.  Political  Code,  §§  3167,  et  seq. 
See,  generally,  tits.  "Adulteration";  "Butter";  "Cheese";  "Cold  Storage";  "Dairies"; 

"Eggs";   "Foods";   "Fruits." 

CONTENTS  OF  CHAPTER. 

ACT  2727.  Marking  Citrus  Fruit  Containers. 

2728.  Marking  Fresh  and  Dried  Fruit  Containers. 

2729.  Labeling  Articles  Manufactured  in  State  Prisons,  Etc. 

2730.  Perpetuation  of  Marks  and  Brands. 

MARKING  CITRUS  FRUIT  CONTAINERS. 
ACT  2727 — An  act  to  provide  for  the  marking  or  branding  of  boxes  or  barrels  contain- 
ing citrus  fruit  for  shipment,  and  fixing  a  penalty  for  the  violation  thereof,  and  for 
the  appointment  of  an  inspector  under  its  provisions. 

History:    Approved  March  23,  1901,  Stats.  1901,  p.  663. 


Acts  272S,  2729.  §  1 


GENERAL.   LAWS. 


1524 


Marking  or  branding  of  packages  of  citrus  fruits. 

^  1.  All  citrus  fruit  contained  in  boxes  or  barrels,  which  shall  hereafter  be  shipped, 
or  offered  for  shipment  in  this  state  by  any  person,  firm,  or  corporation,  shall  have 
stamped,  stenciled,  or  printed  in  a  conspicuous  place  on  the  outside  of  every  such  box 
or  barrel,  in  clearly  legible  letters,  a  statement  truly  and  correctly  designating  the 
county  and  immediate  locality  in  which  such  fruit  was  grown.  Such  statement  shall 
be  placed  thereon  by  the  shipper  of  said  fruit. 

Penalty  for  violation. 

^  2.  Any  person,  firm,  or  corporation  violating  any  of  the  provisions  or  requirements 
of  section  1  of  this  act  shall  be  guilty  or  a  misdemeanor,  and  upon  conviction  shall  be 
fined  in  any  sum  not  less  than  two  hundred  dollars  nor  more  than  five  hundred  dollars. 

Inspector  to  be  appointed.    Duty  to  report  violation  of  statute. 

§  3.  The  governor  of  the  state  of  California,  upon  the  passing  of  this  act,  shall 
appoint  one  inspector  of  citrus  fruit  shipments,  to  serve  without  compensation,  whose 
duty  it  shall  be  to  examine  boxes  and  barrels  used  in  the  shipment  of  citrus  fruits; 
and  upon  the  discovery  by  said  inspector  of  any  violation  of  the  requirements  of  this 
act  he  shall  forthwith  give  notice  thereof  to  the  district  attorney  of  the  county  in  which 
the  offense  was  committed,  and  upon  receiving  such  notice  it  shall  be  the  duty  of  such 
district  attorney  to  prosecute  the  offender  under  the  provisions  of  this  act. 

§  4.     This  act  shall  take  effect  immediately  on  and  after  its  passage. 

See,  post,  Act  2728,  and  Ex  parte  Hayden,  147  Cal.  649,  82  Pac.  315.  Also,  see  tit.  "Fruit," 
various  acts  relating  to  fruit  containers. 

MARKING  FRESH  AND  DRIED  FRUIT  CONTAINERS. 
ACT  2728 — An  act  to  provide  for  the  marking,  branding,  or  labeling  of  boxes,  barrels, 

or  packages  containing  fruits,  fresh  or  dried,  and  fixing  a  penalty  for  the  violation 
thereof,  and  for  the  appointment  of  inspectors  under  its  provisions. 
History:    Approved  March  20,  1903,  Stats.  1903,  p.  338. 


See  Kerr's  Cyc.  Penal  Code,  §  349a,  and 
Act    2727,    and    tit.    "Fruit." 

The  act  is  unconstitutional  as  an  im- 
proper exercise  of  the  police  power. — Ex 
parte  Hayden,  147  Cal.  649. 

1.  Purpose  of  act. — The  act  is  for  the 
purpose  of  obtaining  for  the  fruit  raisers  of 


favored  and  well  advertised  localities  an 
advantage  for  their  product,  and  not  to 
prevent  the  shipping  of  diseased  or  falsely 
labeled  fruit,  and  is  not  for  the  benefit  of 
the  public  health,  welfare,  safety,  or  morals, 
and  is  unconstitutional. — Ex  parte  Hayden, 
147   Cal.   649. 


LABELING  OF  ARTICLES  MANUFACTURED  IN  STATE  PRISONS,  ETC. 
ACT  2729 — An  act  requiring  the  labeling  of  articles  offered  for  sale  and  intended  for 
personal  wear,  manufactured  in  state  penitentiaries,  reform  schools  or  other  insti- 
tutions supported  at  public  expense,  and  requiring  that  notice  that  such  goods  are 
on  sale,  shall  be  conspicuously  posted  in  places  where  said  goods  are  offered  for  sale. 
History:    Approved  May  5,  1917.    In  effect  July  27,  1917.     Stats.  1917, 
p.  249. 

Articles  manufactured  at  state  institutions  must  be  labeled. 

$  1.  No  person,  p&rsons,  firm  or  corporation,  by  themselves,  their  agents  or  em- 
ployees shall  sell,  offer  for  sale  or  expose  for  sale,  or  have  in  his  or  their  possession 
for  sale,  any  article  intended  for  personal  wear  which  was  manufactured  at  a  state 
penitentiarTy'^,  state  reform  school  or  at  any  other  institution  supported  at  public 
expense  and  located  without  the  boundaries  of  the  state  of  California,  unless  said 
article  shall  have  affixed,  stamped  or  imprinted  thereon,  a  label  in  letters  three-eighths 
of  an  inch  in  height,  designating  the  state  penitentiary,  state  reform  school  or  other 
public  institution,  where  said  article  was  manufactured. 


152S  MARKS    AND    BRANDS.  Act  2730,  §  1 

Notice  that  articles  manufactured  at  state  institutions  are  for  sale. 

§  2.  No  person,  persons,  firm  or  corporation,  by  themselves,  their  agents  or  em- 
ployees shall  sell,  offer  for  sale  or  expose  for  sale,  or  have  in  his  or  their  possession  for 
sale,  any  article  intended  for  personal  wear  which  was  manufactured  at  a  state  peni- 
tentiary, state  reform  school  or  at  any  other  institution  supported  at  public  expense 
and  located  without  the  boundaries  of  the  state  of  California  unless  there  is  kept  on 
exhibition  in  a  conspicuous  place,  where  said  article  is  exposed  or  offered  for  sale,  a 
notice  at  least  twelve  inches  in  length  by  six  inches  in  height,  stating  that  goods  so 
manufactured  are  on  sale  there. 

Penalty. 

^  3.  Whoever  shall  knowingly  violate  any  of  the  provisions  or  sections  of  this  act 
shall  be  deemed  guilty  of  a  misdemeanor,  and  shall,  upon  conviction  thereof,  be  pun- 
ished for  the  first  offense  by  a  fine  of  not  less  than  twenty  dollars  nor  more  than  one 
hundred  dollars;  or  by  imprisonment  in  the  county  jail  for  not  less  than  ten  days  and 
not  exceeding  thirty  days;  and  for  each  subsequent  offense  by  a  fine  of  not  less  than 
fifty  dollars  nor  more  than  two  hundred  dollars,  or  by  imprisonment  in  the  county  jail 
for  not  less  than  twenty  days  nor  more  than  one  hundred  days,  or  by  both  such  fine 
and  imprisonment,  at  the  discretion  of  the  court. 

Duty  of  district  attorney. 

§  4.  It  shall  be  the  duty  of  the  district  attorney  of  each  and  every  county  in  this 
state,  upon  application,  to  attend  to  the  prosecution  in  the  name  of  the  people  of  any 
action  brought  for  the  violation  of  any  of  the  provisions  of  this  act  within  his  district. 


PERPETUATION  OF  MARKS  AND  BRANDS. 
ACT  2730 — An  act  to  perpetuate  marks,  brands  and  counterbrands  established  in  the 
several  counties  of  the  state  under  sections  three  thousand  one  hundred  sixty-eight 
and  three  thousand  one  hundred  sixty-nine  of  the  Political  Code,  to  provide  methods 
of  perpetuation  and  declaring  all  marks,  brands  and  counterbrands  not  so  perpetu- 
ated to  be  inoperative  and  void. 

History:    Approved  April  16,  1917.     In  effect  July  27,  1917.     Stats. 
1917,  p.  138, 

Notice  to  perpetuate  marks,  brands,  and  counterbrands. 

§  1.  The  county  recorder  of  each  county  in  whose  office  there  are  recorded  more 
than  one  hundred  marks,  brands  and  counterbrands  under  the  provisions  of  section 
three  thousand  one  hundred  sixty-eight  of  the  Political  Code,  shall,  within  thirty  days 
after  this  law  goes  into  effect,  cause  to  be  published  in  a  newspaper  of  general  circula- 
tion in  such  county,  the  following  notice : 

"Every  person,  who,  under  and  by  virtue  of  compliance  with  section  three  thousand 
one  hundred  sixty-eight  of  the  Political  Code,  owns  a  mark,  brand  or  counterbrand, 
must,  within  three  months  after  final  publication  of  this  notice,  notify  the  county 
recorder  of  his  desire  to  continue  and  perpetuate  such  mark,  brand  and  counterbrand. 
This  notification  must  be  in  words  of  positive  and  reasonable  intendment  and  must  be 
either  by  registered  letter  or  by  personal  application  addressed  to  said  county  recorder. 
Any  person  failing  to  so  continue  and  perpetuate  such  mark,  brand  and  counterbrand, 
shall  lose  all  right,  title  and  interest  therein. 
First  publication:  (naming  date). 
Last  publication:  (naming  date). 


"County  recorder  of county." 


Aot»  2746.  2753  GENERAL   LAWS.  1526 

Publication. 

$  2.  The  notice  set  forth  in  section  one  shall  be  published  six  times  at  intervals  of 
four  weeks,  final  publication  to  be  not  more  than  five  months  later  than  the  original 
publication  thereof. 

Continuance  of  marks^  etc. 

$  3.  Every  person  desiring  to  continue  and  perpetuate  any  mark,  brand  and  counter- 
brand  must  comply  with  the  provisions  set  forth  in  the  notice  under  section  one,  and  the 
county  recorder  shall,  upon  such  compliance,  write  or  stamp  opposite  the  record  of  such 
mark,  brand  or  counterbrand  the  word  "perpetuated." 

Marks,  etc.,  deemed  abandoned. 

6  4.  At  the  termination  of  three  months  after  final  publication  of  notice  set  forth  in 
section  one,  the  county  recorders  of  the  several  counties  shall  transfer  the  records  of 
all  marks,  brands  and  counterbrands  perpetuated  under  section  three  to  a  new  book 
set  apart  for  the  purpose  described  in  section  three  thousand  one  hundred  sixty-eight 
of  the  Political  Code,  and  all  marks,  brands  and  counterbrands  in  the  custody  of  the 
county  recorders  of  the  several  counties  not  so  continued  and  perpetuated  shall  be 
deemed  to  have  been  abandoned  by  the  owner  thereof  and  to  be  inoperative  and  void. 

§  5.  Nothing  in  this  act  shall  be  construed  as  repealing  sections  three  thousand  one 
hundred  sixty-eight  and  three  thousand  one  hundred  sixty-nine  of  the  Political  Code. 

MARRIAGE. 

See  Kerr's  Cyc.  Civil  Code,  H  55,  et  seq. 

MARRIED  WOMEN. 
See  Kerr's  Cyc.  Civil  Code,  and  Kerr's  Cyc.  Code  Civil  Procedure. 

CHAPTER  212. 
MARSHALL  MONUMENT. 

CONTENTS  OF  CHAPTER. 

ACT  2746.    Guardian  of  Marshall  Monument. 

GUARDIAN  OF  MARSHALL  MONUMENT. 

ACT  2746 — An  act  to  provide  for  the  appointment  of  a  guardian  for  the  Marshall 

monument  and  grounds,  prescribing  his  duties,  and  appropriating  money  therefor. 

History:     Approved  March  31,   1891,   Stats.   1891,   p.   424.     Amended 
May  27,  1919.     In  effect  July  27,  1919.     Stats.  1919,  p.  1352. 

The  amendment  of  1919  fixed  the  salary  of  the  guardian  at  $75  per  month. 

CHAPTER  213. 

MARTINEZ. 
Reference:   Incorporation,  see  Act  3094,  note. 

CONTENTS  OF  CHAPTER. 
ACT  2753.     Release  of  Land  Covered  by  Carquinez  Straits. 

RELEASE  OF  LANDS  COVERED  BY  CARQUINEZ  STRAITS. 
ACT  2753 — An  act  to  provide  for  the  disposition  of  certain  property  of  the  state. 
History:    Passed  April  21,  1851,  Stats.  1851,  p.  307. 
Tbl«  act  released  to  the  town  of  Martinez  the  lands  covered  by  Carquinez  Straits  lying 
opposite  to  it. 


1527  1IARYSVILL.IS.  Acts  2759-2770.  9  1 


CHAPTER  214. 

MARYSVILLE. 
Reference:   Incorporation,  see  Act  3094,  note. 

CONTENTS  OF  CHAPTER. 

ACT  2759.     Board  of  City  Levee  Commissioners. 
2760.     Levee  Funding  Act  of  1876. 

BOARD  OF  CITY  LEVEE  COMMISSIONERS. 
ACT  2759 — An  act  concerning  the  construction  and  repair  of  levees  in  the  city  of 
Marysville,  and  the  mode  of  raising  revenue  therefor. 

History:    Approved  March  6,  1876,  Stats.  1875-76,  p.  131. 

LEVEE  FUNDING  ACT  OF  1876. 

ACT  2760 — An  act  to  provide  for  the  funding  of  the  levee  indebtedness  of  the  city  of 
Marysville. 

History:    Approved  February  18,  1876,  Stats.  1875-76,  p.  60. 

CHAPTER  215. 

MASTER  AND  SERVANT. 

References:  See,  generally,  tits.  "Hours  of  Labor";  "Immigration";  "Industrial  Acci- 
dent Commission";  "Industrial  Welfare  Commission";  "Infants";  "Insurance"; 
"Labor  Bureau";  "Laborers";  "Liens";  "Manufacturers";  "Motor  Vehicles." 

CONTENTS  OF  CHAPTER. 

ACT  2770.     Day  of  Rest  From  Labor. 

2772.  Camp  Sanitation. 

2772a.  Furnishing  Pure  Drinking  Water. 

2773.  Lunch  Hour  in  Sawmills,  Etc. 

2774.  Misrepresentations  as  to  Conditions  of  Employment. 
2774a.  Ad\'ertisements  for  Employees  During  Strikes,  Etc. 
2774b.  Interference  With  Political  Activities  of  Employees, 
2774c.  Tipping  Act. 

2774d.  "Spotter"  Act. 

2775.  Temporary  Floor  Act. 

2776.  Scaffolding  Act. 

2777.  Payment  of  Wages  by  Negotiable  Ordeb. 

2778.  Payment  of  Wages  Act  of  1919. 

2779.  Seasonal  Labor  Wages. 
2779a.  Enforced  Purchase  Act. 
2779b.  Service  Letters  for  Employees. 
2779c.  Cost  of  Bonds  and  Photographs. 

2779d.  Semi-Monthly  Pay  Days  for  County  Employees. 

2781.  "The  Workmen's  Compensation,  Insurance  and  Safety  Act  of  1917.** 

2782.  Employer's  Casualty  Reports. 

2783.  Employer's  Hospital  Service. 

2784.  Vocational  Ee-Education  and  Rehabilitation. 

DAY  OF  REST  FROM  LABOR. 
ACT  2770 — An  act  to  provide  for  a  day  of  rest  from  labor. 

History:    Approved  February  27,  1893,  Stats.  1893,  p.  54. 
Employee  entitled  to  one  day's  rest  in  seven. 

$  1.  Every  person  employed  in  any  occupation  of  labor  shall  be  entitled  to  one  day  *s 
rest  therefrom  in  seven;  and  it  shall  be  unlavpful  for  any  employer  of  labor  to  cause 
his  employees,  or  any  of  them  to  -work  more  than  six  days  in  seven ;  provided,  however, 
that  the  provisions  of  this  section  shall  not  apply  to  any  case  of  emergency. 


Act  2772,  §§  1-4 


GE}NE}RAL  LAWS. 


1528 


Meaning  of  term  "day's  rest." 

§  2.  For  the  purposes  of  this  act,  the  term  day's  rest  shall  mean  and  apply  to  all 
oases,  whether  the  employee  is  engaged  by  the  day,  week,  month,  or  year,  and  whether 
the  work  performed  is  done  in  the  day  or  night  time. 

Penalty  for  violation  of  act. 

^  3.  Any  person  violating  the  provisions  of  this  act  shall  be  deemed  guilty  of  a  mis- 
demeanor. 

^  4.  This  act  shall  take  effect  and  be  in  force  thirty  days  from  and  after  its 
passage. 

CAMP  SANITATION. 

ACT  2772 — An  act  regulating  the  sanitation  and  ventilation  in  and  at  camps  where  five 

or  more  persons  are  employed;  and  providing  a  penalty  for  the  violation  thereof. 

History:  Approved  May  29,  1913.  In  effect  August  10,  1913.  Stats. 
1913,  p.  328.  Entire  act,  except  title  amended  and  two  new  sections, 
7  and  8,  added  May  18,  1915.  In  effect  August  8,  1915.  Stats.  1915, 
p.  497.  Amended  again  May  5,  1919.  In  effect  July  22,  1919.  Stats. 
1919,  p.  244. 

Camps  to  he  kept  clean. 

$  1.  In  or  at  any  camp  where  five  or  more  persons  are  employed,  bunk  houses,  tents 
or  other  suitable  sleeping  places  must  be  provided  for  all  the  employees.  Such  bunk 
houses,  tents  or  other  sleeping  places  must  be  in  good  structural  condition,  and  so  con- 
structed as  to  provide  shelter  to  the  occupants  against  the  elements  and  so  as  to  ex- 
clude dampness  in  inclement  weather.  The  bunk  houses,  tents  and  other  sleeping  places 
shall  be  kept  in  a  cleanly  state,  and  free  from  vermin  and  matter  of  an  infectious  and 
contagious  nature,  and  the  grounds  around  such  bunk  houses,  tents  or  other  sleeping 
places  shall  be  kept  clean  and  free  from  accumulations  of  dirt,  filth,  garbage,  and  other 
deleterious  matter.  [Amendment  of  May  5,  1919.  In  effect  July  22,  1919.  Stats. 
1919,  p.  245.] 

Air  space  in  bunk  house.    Bunks. 

§  2.  Every  bunk  house,  tent  or  other  sleeping  place  used  for  the  purpose  of  a  lodg- 
ing or  sleeping  apartment  in  such  camp,  shall  contain  sufficient  air  space  to  insure  an 
adequate  supply  of  fresh  air  for  each  person  occupying  such  bunk  house,  tent  or  other 
sleeping  place.  Suitable  bunks  or  beds  shall  be  provided  for  all  employees.  Such 
bunks  or  beds  shall  be  made  of  steel,  canvas  or  other  sanitary  material,  and  shall  be 
so  constructed  as  to  afford  reasonable  comfort  to  the  persons  occupying  the  same. 
[Amendment  of  May  5,  1919.     In  effect  July  22,  1919.     Stats.  1919,  p.  245.] 

Kitchen,  etc.,  to  he  kept  clean. 

^  3.  Eveiy  mess  house,  dining  room,  mess  tent,  dining  tent,  kitchen  or  other  struc- 
ture where  food  is  cooked,  prepared  or  served  in  such  camp  shall  be  kept  in  a  clean 
and  sanitary  state  and  the  openings  of  such  structures  shall  be  screened.  [Amend- 
ment of  May  18,  1915.     In  effect  August  8,  1915.     Stats.  1915,  p.  498.] 

Bathing  facilities.    Toilet  facilities. 

§  4.  For  every  such  camp  there  shall  be  provided  convenient  and  suitable  bathing 
facilities  of  a  reasonable  nature  to  suit  conditions,  which  shall  be  kept  in  a  clean  and 
sanitary  condition.  For  every  such  camp  there  shall  be  provided  convenient  and  suit- 
able privy  or  other  toilet  facilities,  which  shall  be  kept  in  a  clean  and  sanitary  state. 
A  privy  other  than  a  water-closet  shall  consist  of  a  pit  at  least  two  feet  deep,  with  suit- 
able shelter  over  the  same,  and  the  openings  of  the  shelter  and  pit  shall  be  enclosed  by 
screening  or  other  suitable  fly  netting.     No  privy  pit  shall  be  filled  with  excreta  to 


1529  MASTER  AXD   SERVANT.  Act  2772a 

nearer  than  one  foot  from  the  surface  of  the  ground  and  the  excreta  in  the  pit  shall  be 
covered  with  earth,  ashes,  lime  or  other  similar  substance.  [Amendment  of  May  5, 
1919.     In  effect  July  22,  1919.     Stats.  1919,  p.  245.] 

Garbage  disposal. 

$  5.  All  garbage,  kitchen  wastes  and  other  rubbish  in  such  camp  shall  be  deposited 
in  suitable  covered  receptacles  which  shall  be  emptied  daily  or  oftener  if  necessary, 
and  the  contents  burned,  buried  or  otherwise  disposed  of  in  such  a  way  as  not  to  be 
or  become  offensive  or  insanitary.  All  drainage  from  the  kitchen  sink  shall  be  carried 
through  a  covered  drain  to  a  covered  cesspool  or  septic  tank  or  otherwise  disposed  of  in 
such  a  way  as  not  to  become  offensive  or  insanitary.  [Amendment  of  May  5,  1919. 
In  effect  July  22,  1919.     Stats.  1919,  p.  245.] 

Duty  of  employees. 

§  6.  It  shall  be  the  duty  of  any  person,  firm,  corporation,  agent  or  officer  of  a  firm 
or  corporation  employing  persons  to  work  in  or  at  camps  to  which  the  provisions  of 
this  act  apply  and  the  superintendent  or  overseer  in  charge  of  the  work  in  or  at  such 
camps  to  carry  out  the  provisions  of  this  act.  At  every  such  camp  such  owner,  super- 
intendent or  overseer  shall  appoint  a  responsible  person  to  assist  in  keeping  the  camp 
clean.     [Amendment  of  May  5,  1919.     In  effect  July  22,  1919.     Stats.  1919,  p.  246.] 

Commission  of  immigration  and  housing  to  administer  act. 

§  7.  The  commission  of  immigration  and  housing  of  California  shall  administer  this 
act  and  secure  the  enforcement  of  the  provisions  thereof,  and  for  such  pur]Doses  shall 
have  the  right  to  enter  and  inspect  all  camps  to  which  the  provisions  of  this  act  apply. 
Any  camp  coming  under  the  provisions  of  this  act  which  does  not  conform  to  the  pro- 
visions of  this  act  is  hereby  declared  a  public  nuisance  and  if  not  made  to  so  conform 
within  five  days,  or  within  such  longer  period  of  time  as  may  be  allowed  by  the  com- 
mission of  immigration  and  housing  of  California,  after  written  notice  given  by  the 
said  commission,  shall  be  abated  by  proper  action  brought  for  that  purpose  in  the 
superior  court  of  the  county  in  which  such  camp,  or  the  greater  portion  thereof,  is 
situated.  [New  section  added  May  18,  1915.  In  effect  August  8,  1915.  Stats.  1915, 
p.  498.] 

Violation  of  provisions.    Penalty. 

§  8.  Any  person,  firm,  corporation,  agent  or  officer  of  a  firm  or  corporation,  or  any 
superintendent  or  overseer  in  charge  of  the  work  in  or  at  any  camp  coming  under  the 
provisions  of  this  act,  who  shall  violate  or  fail  to  comply  with  the  provisions  of  this 
act,  is  guilty  of  a  misdemeanor,  and  shall  upon  conviction  thereof,  be  punished  by  a 
fine  of  not  more  than  two  hundred  dollars,  or  by  imprisonment  for  not  more  than  sixty 
days,  or  by  both  such  fine  and  imprisonment.  [New  section  added  May  18,  1915.  In 
effect  August  8,  1915.     Stats.  1915,  p.  498.] 

The  amending  act  of  1915  contained  the  following  provision: 

Appropriation. 

§  2.  Out  of  any  money  in  the  state  treasury  not  otherwise  appropriated  the  sum  of 
ten  thousand  dollars  or  so  much  thereof  as  may  be  necessary  is  hereby  appropriated  to 
be  expended  by  the  commission  of  immigration  and  housing  of  California  in  accordance 
with  law  to  carry  out  the  provisions  of  this  act. 

FURNISHING  PURE  DRINKING  WATER. 

ACT  2772a — An  act  to  require  employers  of  labor  to  furnish,  without  charge,  pure 

drinking  water  to  their  employees  during  working  hours. 

History:    Approved  May  24,  1915.     In  effect  August  8,  1915.     Stats. 
1915,  p.  815. 


Acts  2773, 2774,  g  1  GENERAL   LAWS.  1330 

Employers  must  furnish  pure  drinking  water. 

$  1.  Every  employer  of  labor  in  this  state  shall,  without  making  a  change  therefor, 
provide  fresh  and  pure  drinking  water  to  his  employees  during  working  hours.  Access 
to  such  drinking  water  shall  be  permitted  at  reasonable  and  convenient  times  and 
places. 

Penalty  for  violation. 

Any  violation  of  the  provisions  of  this  act  shall  be  deemed  a  misdemeanor  and  pun- 
ishable for  each  offense  by  a  fine  of  not  less  than  twentj'-five  dollars  ($25.00),  nor  more 
than  one  hundred  dollars  ($100.00),  or  by  imprisonment  for  not  more  than  thirty  (30) 
days,  or  by  both^such  fine  and  imprisonment. 

LUNCH  HOUR  IN  SAWMILLS,  ETC. 
ACT  2773 — An  act  to  provide  for  a  lunch  hour  for  laborers  in  sawmills,  shake-mills, 
shingle-miUs,  and  logging  camps. 

History:    Approved  February  28,  1901,  Stats.  1901,  p.  75. 

Lunch-hour  for  laborers  in  lumber  camps  and  mills. 

?i  1.  Every  person,  corporation,  copartnership,  or  company  operating  a  sawmill, 
shake-mill,  shingle-mill,  or  logging-camp,  in  the  state  of  California,  shall  allow  to  his 
or  its  employees,  workmen,  and  laborers  a  period  of  not  less  than  one  hour  at  noon  for 
the  midday  meal. 

Punishment  for  violating  statute. 

$  2.  Any  person,  corporation,  copartnership,  or  company,  his  or  its  agents,  servants, 
or  managers,  violating  any  of  the  provisions  of  this  act  shall  be  guilty  of  a  misde- 
meanor, and  upon  conviction  thereof  shall  be  punished  by  a  fine  of  not  more  than  two 
hundred  dollars  nor  less  than  one  hundred  dollars  for  each  violation  of  the  provisions 
of  this  act. 

$  3.  This  act  shall  take  effect  and  be  in  force  on  the  first  day  of  April,  nineteen 
hundred  and  one. 

MISREPRESENTATIONS  AS  TO  CONDITIONS  OF  EMPLOYMENT. 

ACT  2774 — An  act  to  prevent  misrepresentations  of  conditions  of  employment,  making 

it  a  misdemeanor  to  misrepresent  the  same,  and  providing  penalties  therefor. 

History:    Approved  March  20,  1903,   Stats.  1903,  p.  269.     Amended 
April  10,  1915.    In  effect  August  8,  1915.    Stats.  1915,  p.  52. 

Misrepresentations  of  conditions  of  emplosonent  prohibited. 

$  1.  It  shall  be  unlawful  for  any  person,  partnership,  company,  corporation,  associa- 
tion, or  organization  of  any  kind,  directly  or  through  any  agent  or  attorney,  to  induce, 
influence,  persuade,  or  engage  any  person  to  change  from  one  place  to  another  in  this 
state  or  to  change  from  any  place  in  any  state,  territory,  or  country  to  any  place  in  this 
state,  or  to  change  from  any  place  in  this  state  to  any  place  in  any  state,  territory  or 
country,  to  work  in  any  branch  of  labor,  through  or  by  means  of  knowingly  false  repre- 
sentations, whether  spoken,  written,  or  advertised  in  printed  form,  concerning  the  kind 
or  character  of  such  work,  the  compensation  therefor,  the  sanitary  conditions  relating 
to  or  surrounding  it,  or  the  existence  or  non-existence  of  any  strike,  lockout,  or  other 
labor  dispute  affecting  it  and  pending  between  the  proposed  employer  or  employers  and 
the  persons  then  or  last  theretofore  engaged  in  the  performance  of  the  labor  for  which 
the  employee  is  sought.  [Amendment  of  April  10,  1915.  In  effect  August  8,  1915. 
Stats.  1915,  p.  52.] 


1331  MASTER  AND   SERVANT.  Acta  2774a,  2774b,  §§  1, 2 

Penalty. 

$  2.     Any  violation  of  section  one  or  section  two  hereof  shall  be  deemed  a  misde- 
meanor, and  shall  be  punished  by  a  fine  of  not  exceeding  two  thousand  dollars  or  by 
imprisonment  for  not  more  than  one  year,  or  by  both  such  fine  and  imprisonment. 
Act  takes  effect  when. 

$  3.     This  act  shall  take  effect  on  the  date  of  its  passage. 

As  to  misrepresentations  of  employment  of  union  labor,  see  Kerr's  Cyc.  Penal  Code,  §  349c. 

ADVERTISEMENTS  FOR  EMPLOYEES  DURING  STRIKES,  ETC. 

ACT  2774a — An  act  to  regulate  advertisements  and  solicitations  for  employees  during 
strikes,  lockouts  and  other  labor  troubles. 

History:    Approved  June  7,  1913.     In  effect  August  10,  1913.     Stats. 
1913,  p.  678. 

Advertising  for  labor  during  strikes. 

$  1.  If  any  person,  firm,  or  corporation,  acting  either  for  himself,  or  itself,  or  as 
the  agent  of  another  person,  firm,  or  corporation,  during  the  continuance  of  a  strike, 
lockout,  or  other  labor  trouble  among  his,  or  its  employees,  or  among  the  employees 
of  the  person,  firm,  or  corporation,  for  whom  he,  or  it  is  acting,  advertises  for  em- 
ployees in  the  newspapers,  or  by  posters,  or  otherwise,  or  solicits  persons  to  work  for 
him,  or  the  persons,  firm,  or  corporation,  for  whom  he  is  acting,  in  the  place  of  the 
strikers,  he  shall  plainly  and  explicitly  mention  in  such  advertisements  or  oral  or  writ- 
ten solicitations,  that  a  strike,  lockout  or  other  labor  disturbance  exists;  provided,  that 
the  foregoing  provisions  shall  not  apply  to  advertisements  or  solicitations  published 
solely  or  made  within  the  same  city  or  locality  where  the  strike,  lockout  or  other  labor 
disturbance  exists. 

Penalty. 

§  2.  If  any  person,  firm,  association  or  corporation  violates  any  provision  of  this 
act,  he  or  it  shall  be  punished  by  a  fine  not  less  than  twenty-five  dollars  and  not  exceed- 
ing two  hundred  and  fifty  dollars  for  each  offense. 

INTERFERENCE  WITH  POLITICAL  ACTIVITIES  OF  EMPLOYEES. 

ACT  2774b — An  act  prohibiting  employers  of  labor  from  interfering  with  the  political 

activities  of  their  employees  and  providing  penalties  for  a  violation  hereof. 

History:    Approved  April  10,  1915.     In  effect  August  8,  1915.     Stats. 
1915,  p.  47. 

Political  activities  of  laborers  not  to  be  interfered  with.  , 

$  1.  It  shall  be  unlawful  for  any  employer  of  labor  to  make,  adopt  or  enforce  any 
rule,  regulation  or  policy  forbidding  or  preventing  his  employees,  or  any  of  them,  from 
engaging  or  participating  in  politics  or  from  becoming  candidates  or  a  candidate  for 
public  office,  or  controlling  or  directing,  or  tending  to  control  or  direct  the  political 
activities  or  affiliations  of  such  employees  or  any  of  them;  or  to  coerce  or  influence  or 
attempt  to  coerce  or  influence  such  employees  or  any  of  them  through  or  by  means  of 
threat  of  discharge  or  loss  of  employment  to  adopt  or  follow  or  refrain  from  adopting 
or  following  any  particular  course  or  line  of  political  action  or  political  activity.  The 
expression  "employer  of  labor"  as  herein  used  shall  be  deemed  to  mean  and  include 
any  person,  firm  or  corporation  regularly  having  in  his  or  its  employ  twenty  or  more 
employees. 

Penalty. 

$  2.  Any  employer  violating  the  provisions  of  this  act  shall  upon  conviction  thereof, 
if  an  individual,  be  punishable  by  imprisonment  in  the  county  jail  for  not  to  exceed 


Act  2774c,  gg  1-4 


GENKRAI.    I-AWS. 


15S2 


one  year  or  by  a  fine  of  not  to  exoeod  one  thousand  dollars  or  by  both  such  fine  and 
imprisonment,  and,  if  a  corporation,  by  a  fine  of  not  to  exceed  five  thousand  dollars. 
In  all  prosecutions  hereunder  the  person,  fimi  or  corporation  violating  this  act,  shall 
be  held  responsible  for  the  acts  of  his  or  its  managers,  officers,  agents  and  employees. 

^  3.  Nothing  herein  contained  shall  be  construed  to  prevent  the  injured  employee 
from  recovering  damages  from  his  employer  for  injury  suffered  through  a  violation  of 
this  act. 

TIPPING  ACT. 

ACT  2774c — An  act  to  prohibit  employers  or  certain  agents  or  representatives  of  em- 
ployers from  demanding  or  receiving  any  money  or  other  consideration  from  an 
employee  as  a  condition  of  employment  or  of  continuing  to  perform  services  in  such 
emplojTnent;  and  to  provide  for  the  enforcement  of  this  act  by  the  commissioner  of 
the  bureau  of  labor  statistics;  and  to  provide  a  penalty  for  the  violation  thereof; 
and  to  repeal  an  act  entitled  "An  act  to  forbid  managers,  superintendents,  foremen 
and  other  persons  having  authority  from  their  respective  employers  to  hire,  employ, 
or  direct  the  services  of  other  persons  in  such  employments,  to  demand  or  receive 
any  fee,  gift  or  other  remuneration  in  consideration  of  any  such  hiring,  employment 
or  permission  to  continue  to  perform  work  or  services  in  such  employment;  and  to 
provide  for  the  enforcement  of  this  act  by  the  commissioner  of  the  bureau  of  labor 
statistics,"  approved  April  12,  1915. 

History:  Approved  May  5,  1917.  In  effect  July  27,  1917.  Stats. 
1917,  p.  257.  Prior  act  of  April  12,  1915;  in  effect  August  8,  1915,  Stats. 
1915,  p.  61,  repealed  by  the  present  act. 

Employer  receiving  gifts  or  part  of  tips  from  employees  guilty  of  misdemeanor. 

^  1.  Any  employer  or  agent  or  representative  of  an  employer  or  other  person  hav- 
ing authority  from  his  emploj'er  to  hire,  employ  or  direct  the  services  of  other  persons 
in  the  employment  of  said  employer,  who  shall  demand  or  receive  directly  or  indirectly 
from  any  person  then  in  the  employment  of  said  employer,  any  fee,  gift  or  other 
remuneration  or  consideration,  or  any  part  or  portion  of  any  tips  or  gratuities  received 
by  such  employee  while  in  the  employment  of  said  employer,  in  consideration  or  as  a 
condition  of  such  employment  or  hiring  or  employing  any  person  to  perform  such 
services  for  such  employer  or  of  permitting  said  person  to  continue  in  such  employment, 
is  guilty  of  a  misdemeanor  and  upon  conviction  thereof  shall  be  fined  not  more  than 
three  hundred  ($300.00)  dollars  for  such  offense,  or  by  imprisonment  for  not  more  than 
six  months  or  by  both  fine  and  imprisonment.  All  fines  imposed  or  collected  under  pro- 
vision of^  this  act  shall  be  paid  into  the  state  treasury  and  credited  to  the  contingent 
fund  of  the  bureau  of  labor  statistics. 

Employment  agencies  excepted. 

^  2.  Nothing  contained  in  this  act  shall  be  construed  to  apply  to  employment 
agencies  or  employment  agents  licensed  and  operating  under  the  laws  of  the  state  of 
California. 

Enforcement. 

5  3.     This  act  shall  be  enforced  by  the  commissioner  of  the  bureau  of  labor  statistics. 

Stats.  1915,  p.  61.  repealed. 

$4.  An  act  entitled  "An  act  to  forbid  managers,  superintendents,  foremen  and 
other  persons  having  authority  from  their  respective  employers  to  hire,  employ,  or 
direct  the  services  of  other  persons  in  such  employments  to  demand  or  receive  any  fee, 
gift,  or  other  remuneration  in  consideration  of  any  such  hiring,  employment  or  per- 
mission to  continue  to  perform  work  or  services  in  such  employment;  and  to  provide  for 


1533  MASTER  AXD   SERVANT.  Acts  2774d,  2775,  §  1 

the  enforcement  of  this  act  by  the  commissioner  of  the  bureau  of  labor  statistics," 
approved  April  12,  1915,  and  designated  chapter  fifty-six  of  the  statutes  of  1915,  is 
hereby  repealed. 

The  act  is  invalid  as  in  conflict  with  the  "due  process"  clause  of  the  federal  constitution 
and  with  section  13,  article  I  of  the  California  constitution. — In  re  Farb,   178  Cal.  592. 

"SPOTTER"  ACT. 
ACT  2774d — An  act  providing  that  any  public  service  corporation,  agent,  superin- 
tendent, or  manager  thereof  employing  special  agents,  detectives,  or  sc-caUed  spotters 
shall,  before  disciplining  or  discharging  any  employee  upon  a  report  by  such  special 
agent,  detective,  or  so-called  spotters,  give  notice  and  accord  a  hearing  to  such  em- 
ployee upon  his  request  therefor,  and  providing  for  the  punishment  for  the  violation 
thereof. 

History:    Approved  April  14,  1915.     In  effect  August  8,  1915.     Stats. 
1915,  p.  69. 

Employee  not  to  be  discharged  on  "spotter's"  report  without  hearing. 

$  1.  It  shall  be  unlawful  for  any  public  service  corporation,  agent,  superintendent 
or  manager  thereof,  employing  any  special  agent,  detective,  or  person  commonly  known 
as  "spotter"  for  the  purpose  of  investigating,  obtaining  and  reporting  to  the  employer, 
its  agent,  superintendent  or  manager,  information  concerning  its  employees  to  dis- 
cipline or  discharge  any  employee  in  its  service,  where  such  act  of  discipline  or  the 
discharge  is  based  upon  a  report  by  such  special  agent,  detective  or  spotter,  which 
report  involves  a  question  of  integrity,  honesty  or  a  breach  of  rules  of  the  employer, 
unless  such  employer,  its  agent,  superintendent  or  manager,  shall  give  notice  and  accord 
a  hearing  to  the  employee  thus  accused,  when  requested  by  said  employee,  at  which 
hearing  said  emplayer  shall  state  specific  charges  on  which  said  act  or  discharge  is 
based  and  at  which  said  accused  employee  shall  have  the  right  to  furnish  testimony  in 
his  defense. 

Penalty. 

§  2.  Each  and  every  violation  of  this  act  by  any  person,  firm,  association  or  corpora- 
tion shall  be  deemed  a  misdemeanor,  and  upon  conviction  thereof  shall  be  punished  by 
a  fine  of  not  less  than  fifty  dollars  and  not  more  than  three  hundred  dollars,  or  by 
imprisonment  in  the  county  jail  for  a  period  of  not  more  than  one  year,  or  by  both  such 
fine  and  imprisonment.  In  case  of  a  public  service  corporation  committing  any  viola- 
tion of  this  act  the  imprisonment  when  imposed  shall  be  imposed  upon  the  ofiicers  or 
agents  thereof  committing  such  offense. 

1.  Constitutionality — "Due  process." — Held  unconstitutional  as  in  contravention  of  the 
"due  process"  clause  of  the  federal  constitution,  and  section  13,  article  I  of  the  constitu- 
tion of  California. — In  re  Farb,  178  Cal.  592,  596.  174  Pac.  320. 

TEMPORARY  FLOOR  ACT. 
ACT  2775 — An  act  to  provide  for  temporary  floors  in  buildings  more  than  three  stories 
high  in  the  course  of  construction  and  for  the  protection  of  the  life  and  limb  of 
workmen  employed  in  such  buildings  from  falling  through  joists  or  girders  and  from 
falling  bricks,  rivets,  etc. 

History:    Approved  March  6,  1909,  Stats.  1909,  p.  157.     Entire  act, 
except  title,  amended  April  26,  1911,  Stats.  1911,  p.  1112. 

Temporary  floors  in  buildings  more  than  two  stories  high. 

$  1.  Any  building  more  than  two  stories  high  in  the  course  of  construction  shall 
have  joists,  beams  or  girders  of  each  and  every  floor  below  the  floor  or  level  where  any 
work  is  being  done,  or  about  to  be  done,  covered  with  flooring  laid  close  together,  or 
with  such  other  suitable  material  to  protect  workmen  engaged  in  such  building  from 


Act  2776.  6  1 


GENERAL.   LAWS.  1534 


falling  through  joists  or  girders,  and  from  falling  planks,  bricks,  rivets,  tools,  or  any 
other  substance  whereby  life  and  limb  are  endangered. 

Not  to  be  removed. 

^  2.  Such  llooring  shall  not  be  removed  until  the  same  is  replaced  by  the  permanent 
flooring  in  such  building. 

Duty  of  contractor. 

$  3.  It  shall  be  the  duty  of  the  general  contractor  having  charge  of  the  erection 
of  such  building  to  provide  for  the  flooring  as  herein  required,  or  to  make  such  arrange- 
ments as  may  be  necessary  with  subcontractors  in  order  that  the  provisions  of  this 
act  may  be  carried  out. 

Duty  of  owner. 

$  4.  It  shall  be  the  duty  of  the  owner  or  the  agent  of  the  owner  of  such  building 
to  see  that  the  general  contractor  or  subcontractor  carry  out  the  provisions  of  this  act. 

When  contractor  fails  to  provide. 

$  5.  Should  the  general  contractor  or  subcontractors  of  such  building  fail  to  provide 
for  the  flooring  of  such  building,  as  herein  provided,  then  it  shall  be  the  duty  of  the 
owner  or  the  agent  of  the  owner  of  such  building  to  see  that  the  provisions  of  this  act 
are  carried  out. 

Misdemeanor. 

$  6.  Failure  upon  the  part  of  the  owner,  agent  of  the  owner,  general  contractor,  or 
subcontractors  to  comply  with  the  provisions  of  this  act  shall  be  deemed  a  misdemeanor 
and  shall  be  punishable  as  such. 

§  7.     This  act  shall  take  effect  within  sixty  days. 


SCAFFOLDING  ACT. 
ACT  2776 — An  act  to  regulate  certain  scaffolding  or  staging  for  the  protection  of 
workmen;  requiring  that  in  addition  to  the  duties  imposed  by  any  law  unon 
employers  using  or  directing  or  permitting  the  use  of  scaffolding  or  staging  swung 
or  suspended  from  an  overhead  support  such  employers  shall  be  subject  to  the  pro- 
visions of  this  act;  fixing  penalties  for  a  violation  hereof  to  be  the  same  as  provided 
in  section  402c  of  the  Penal  Code;  and  providing  for  the  enforcement  of  this  act  by 
the  commissioner  of  the  bureau  of  labor  statistics. 

History:    Approved  April  22,  1913.    In  effect  August  10,  1913.    Stats. 
1913,  p.  49. 

Safety  rail  on  scaffolding. 

^  1,  All  scaffolding  or  staging,  swung  or  suspended  from  an  overhead  support  which 
is  more  than  twenty  feet  from  the  ground  or  floor,  shall  have  a  safety  rail  of  wood  or 
other  equally  rigid  material  of  sufficient  strength  to  bear  any  sudden  strain  there 
ao-ainst  equal  to  four  times  the  weight  of  an  ordinary  man,  such  rail  to  be  properly 
secured  and  braced  in  a  manner  to  withstand  a  sudden  strain  as  hereinbefore  pre- 
scribed' such  rail  to  rise  at  least  thirty-four  inches  above  the  floor  or  floors  or  main 
portions  of  such  scaffolding  or  staging,  and  extending  along  the  entire  length  of  the 
outside  and  the  ends  thereof,  and  properly  attached  thereto  to  withstand  any  strain  as 
hereinbefore  provided;  and  such  scaffolding  or  staging  shall  be  fastened  so  as  to  pre- 
vent the  same  from  swaying  from  the  building  or  structure,  or  place  of  work  where 
such  scaffolding  or  staging  is  being  used.  Any  and  all  parts  of  such  scaffolding  or 
staging  shall  be  of  sufficient  strength  to  support,  bear,  or  withstand,  with  safety,  any 


1535  MASTER  AND   SERVANT.  Act  2777a.  8§  1, 2 

weight  of  persons,  tools,  appliances,  or  materials  that  may  be  placed  thereupon  or  that 
are  to  be  supported  thereby  while  such  scaffolding  or  staging  is  being  used  for  any  of 
the  purposes  thereof. 

Safety  lines. 

$  2.  In  addition  to  the  duties  imposed  upon  an  employer  by  any  law  regulating  or 
relating  to  scaffolding  or  staging,  it  shall  be  the  duty  of  such  employer  who  uses  or 
permits  the  use  of  scaffolding  or  staging,  as  defined  in  section  one  of  this  act,  in  con- 
nection with  construction,  alteration,  repairing,  painting,  cleaning  or  the  doing  of  any 
other  kind  of  work  upon  any  building  structure,  or  other  thing  or  place  of  work,  to 
furnish  safety  lines  to  tie  all  hooks  and  hangers  back  on  the  roof  of  such  building, 
structure  or  other  thing  or  place  of  work,  and  to  provide  safety  lines  hanging  from  the 
roof,  securely  tied  thereto,  and  one  such  line  to  be  provided  between  each  pair  of 
hangers  or  falls  and  near  the  ends  of  all  such  scaffolding  or  staging.  When  planks 
are  used  for  the  platforms  or  floors  of  such  scaffolding  or  staging,  they  shall  be  not 
less  than  fourteen  inches  in  width,  and  not  less  than  one  and  one  half  inches  in  thick- 
ness, and  shall  be  of  wood  free  from  knots  or  fractures  impairing  the  strength  of  such 
planks.  Not  more  than  two  men  shall  be  allowed  or  placed  to  work  between  two 
hangers  or  falls  upon  such  scaffolding  or  staging. 

Penalty. 

$  3.  Any  violation  of  the  provisions  of  this  act  shall  be  punishable  as  provided  in 
section  four  hundred  and  two  c  of  the  Penal  Code,  and  shall  be  in  addition  to  the 
penalties  provided  therein  for  the  violation  of  any  of  the  provisions  of  the  said  section. 

$  4.  It  shall  be  the  duty  of  the  commissioner  of  the  bureau  of  labor  statistics  to 
enforce  the  provisions  of  this  act. 

PAYMENT  OF  WAGES  BY  NEGOTIABLE  ORDER. 
ACT  2777 — An  act  prohibiting  the  issuance  as  pajnnent  for  wages  of  any  evidence  of 
indebtedness  unless  the  same  is  negotiable  and  payable  without  discount,  and  pro- 
viding that  the  same  must  be  payable  upon  demand. 

History:     Approved   March   1,   1911,   Stats.   1911,  p.   259.     Amended 
June  5,  1915.    In  effect  August  8,  1915.     Stats.  1915,  p.  1215. 

Wage  checks  must  be  negotiable. 

$  1.  No  person,  firm  or  corporation  shall  issue,  in  paj^ment  of  or  as  an  evidence  of 
indebtedness  for  wages  due  an  employee,  any  order,  check,  memorandum,  or  other 
acknowledgment  of  indebtedness,  unless  the  same  is  negotiable,  and  is  payable  upon 
demand  without  discount  in  cash  at  some  bank  or  other  established  place  of  business 
in  the  state;  and  no  person,  firm  or  corporation  shall  issue  in  payment  of  wages  due, 
or  wages  to  become  due  an  employee,  or  as  an  advance  on  wages  to  be  earned  by  an 
employee,  any  scrip,  coupons,  cards  or  other  thing  redeemable  in  merchandise  or  pur- 
porting to  be  payable  or  redeemable  otherwise  than  in  money.  But  nothing  herein 
contained  shall  be  construed  to  prohibit  an  employer  from  guaranteeing  the  payment 
of  bills  incurred  by  an  employee  for  the  necessaries  of  life  or  for  the  tools  and  imple- 
ments used  by  such  employee  in  the  performance  of  his  duties;  provided,  however,  that 
the  provisions  ot  this  act  shall  not  apply  to  counties,  cities  and  counties,  municipal 
corporations,  quasi-municipal  corporations  or  school  districts  organized  and  existing 
under  the  laws  of  this  state.  [Amendment  of  June  5,  1915.  In  effect  August  8,  1915. 
Stats.  1915,  p.  1215.] 

Penalty. 

$  2.  Any  person,  firm  or  corporation,  or  agent  or  officer  thereof,  who  shall  violate 
any  of  the  provisions  of  this  act  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction 


Act  2778,  §§1,2 


GENERAL,   LAWS. 


1536 


thereof,  shall  be  punished  by  a  fine  not  to  exceed  five  hundred  dollars,  or  by  imprison- 
ment in  the  county  jail  for  not  more  than  six  months,  or  by  both  such  fine  and  imprison- 
ment.    [Amendment  of  June  5,  1915.    In  effect  August  8,  1915.    Stats.  1915,  p.  1215.] 


1.  Constitutionality   upheld. — The    act    of 

March  1,  1911,  as  amended  July  5,  1915 
(1215)  relative  to  payment  of  wages  is  valid 
and  constitutional  as  applied  to  the  ordi- 
nary transactions  between  employers  and 
employees  of  the  character  referred  to  in 
the  act. — In  re  Ballestra,  173  Cal.  657,  658, 
161   Pac.  120. 

2.  Same — Reasonable  regulation  of  right 
of  contract. — The  right  to  make  a  contract 


is  subject  to  reasonable  regulations,  which 
are  valid  if  they  do  not  impose  unreason- 
able burdens  upon  individuals. — In  re  Bal- 
lestra, 173  Cal.  657,  658,  161  Pac.  120. 

3.  Sufficiency  of  affidavit  to  charge  an 
offense  under  act  of  March  1,  1911,  as 
amended  July  5,  1915  (1215)  relative  to  pay- 
ment of  wages. — In  re  Ballestra,  173  Cal. 
657,  658,  161   Pac.  120. 


PAYMENT  OF  WAGES  ACT  OF  1919. 

ACT  2778 — An  act  to  regulate  the  payment  of  wages  or  compensation  for  labor  or 

service  in  private  employments,  establishing  regular  pay  days,  providing  penalties  for 

the  violation  of  its  provisions,  authorizing  the  commissioner  of  the  bureau  of  labor 

statistics  to  enforce  this  act,  defining  the  duties  of  district  attorneys  relative  to  its 

enforcement,  providing  for  the  collection  of  certain  penalties  by  civil  action  at  the 

direction  of  said  commissioner  and  for  the  disposition  of  penalties  so  collected; 

repealing  an  act  entitled  "An  act  providing  for  the  time  of  payment  of  wages," 

approved  May  1,  1911,  as  amended  April  28,  1915,  and  repealing  an  act  entitled 

"An  act  to  regulate  the  payment  of  wages  or  compensation  of  employees  in  private 

employment;   to  provide  for  regular  pay  days  in  such  employment;   providing  a 

penalty  for  the  violation  thereof;  and  authorizing  the  commissioner  of  the  bureau  of 

labor  statistics  to  enforce  the  provisions  of  this  act,"  approved  June  8,  1915. 

History:  Approved  May  6,  1919.  In  effect  July  22,  1919.  Stats. 
1919,  p.  294.  Prior  act  of  May  1,  1911,  Stats.  1911,  p.  1268.  Amended 
April  28,  1915;  In  effect  August  8,  1915,  Stats.  1915,  p.  299;  and  act  of 
June  8.  1915;  in  effect  August  8,  1915,  Stats.  1915,  p.  1292,  repealed  by 
the  present  act. 

Wages  of  discharged  employee. 

§  1.  Whenever  an  emi^loyer  discharges  an  employee,  the  wages  or  compensation  for 
labor  or  service  earned  and  unpaid  at  the  time  of  such  discharge  shall  become  due  and 
payable  immediately.  Whenever  an  employee  not  having  a  written  contract  for  a 
definite  period  quits  or  resigns  his  employment,  the  wages  or  compensation  shall  become 
due  and  payable  not  later  than  seventy-two  hoifrs  thereafter,  unless  such  employee 
shall  have  given  seventy-two  hours  previous  notice  of  his  intention  to  quit,  in  which 
latter  case  such  employee  shall  be  entitled  to  his  wages  or  compensation  at  the  time 
of  quitting. 

Wages  due  semi-monthly.    Exceptions. 

(>  2.  All  wages  or  compensation  other  than  those  mentioned  in  section  one  of  this 
act  earned  by  any  person  in  any  employment  not  exempt  by  section  eleven  of  this  act, 
shall  become  due  and  paya^ble  semimonthly  or  twice  during  each  calendar  month,  on 
days  to  be  designated  in  advance  by  the  employer  as  the  regular  pay  days;  provided, 
however,  that  services  rendered  between  the  first  and  fifteenth  days,  inclusive,  of  any 
calendar  month  shall  be  paid  for  between  the  sixteenth  and  the  twenty-sixth  day  of  the 
month  during  which  services  were  rendered,  and  for  all  services  rendered  between  the 
sixteenth  and  the  last  day,  inclusive,  of  any  calendar  month,  said  services  shall  be  paid 
for  between  the  first  and  tenth  daj'  of  the  following  month ;  provided,  however,  that  in 
agricultural,  vitieultural  and  horticultural  pursuits,  in  stock  or  poultry  raising,  and  in 
household  domestic  service,  and  when  the  employees  in  the  said  employments  are 
boarded  and  lodged  by  the  employer,  the  wages  or  compensation  due  any  employee 


153T  MASTER  AND   SERVANT.  Act  2778,  §§  3-« 

remaining  in  such  employment  shall  become  due  and  payable  monthly  or  once  in  each 
calendar  month,  on  a  day  designated  in  advance  by  the  employer  as  the  regular  pay 
day,  but  no  two  successive  such  paj^  days  to  be  more  than  thirty-one  days  apart,  and  the 
payment  or  settlement  shall  include  all  amounts  due  for  labor  or  service  up  to  the 
regular  pay  day. 

What  wages  shall  include. 

^  3.  The  wages  or  compensation  subject  to  the  provisions  of  this  act  shall  include 
all  amounts  for  labor  or  service  performed  by  employees  of  every  description,  whether 
the  amount  is  fixed  or  ascertained  by  the  standard  of  time,  task,  piece,  or  other  method 
of  calculating  the  same,  or  whether  the  labor  or  service  is  performed  under  contract, 
subcontract,  partnership,  subpartnership,  station  plan,  or  other  agreement  for  the  per- 
formance of  labor  or  service;  provided,  that  the  labor  or  service  to  be  paid  for  is 
performed  personally  by  the  person  demanding  payment.  Nothing  contained  in  this 
act  shall  in  any  way  limit  or  prohibit  the  paj'ment  of  wages  or  compensation  at  more 
frequent  intervals,  or  in  greater  amounts,  or  in  full  when  or  before  due. 

Notice  of  time  and  place  of  pasnnent.    In  case  of  strike. 

$  4.  Every  employer  shall  post  and  keep  posted  conspicuously  at  the  place  of  work, 
if  practicable,  or  otherwise  where  it  can  be  seen  as  employees  come  or  go  to  their 
place  of  work,  or  at  the  oflSce  or  nearest  agency  for  payment  kept  by  the  employer, 
a  notice  specifying  the  regular  pay  days  and  the  time  and  place  of  payment,  also  any 
changes  in  those  regards  occurring  from  time  to  time.  Every  emjjloyee  who  is  dis- 
charged shall  be  paid  at  the  place  of  discharge,  and  every  employee  who  quits  or 
resigns  shall  be  paid  at  the  office  or  agency  of  the  employer  in  the  county  or  city  and 
county  where  such  employee  has  been  performing  the  labor  or  service  for  the  employer. 
All  payments  of  money  or  compensation  shall  be  made  in  the  manner  provided  by  law. 
In  the  happening  of  any  strike,  the  unpaid  wages  or  compensation  earned  by  such 
striking  employees  shall  become  due  and  payable  on  the  emjDloyer's  next  regular  pay 
day,  and  the  payment  or  settlement  shall  include  all  amounts  due  such  striking 
emi^loyees  without  abatement  or  reduction,  and  the  employer  shall  return  to  each  such 
striking  employee  any  deposit  or  money  or  other  guaranty  required  by  him  from  such 
employee  for  the  faithful  performance  of  the  duties  of  the  employment.  Any  violation 
of  the  provisions  of  this  section  shall  be  punishable  as  for  a  misdemeanor,  and  any 
failure  to  post  any  notice  as  in  this  section  prescribed  shall  be  deemed  prima  facie 
evidence  of  a  violation  of  this  act. 

Failure  of  employer  to  pay. 

^  5.  In  the  event  that  an  employer  shall  wilfully  fail  to  pay,  without  abatement 
or  reduction,  any  wages  or  compensation  of  any  employee  who  is  discharged  or  who 
resigns  or  quits,  as  in  section  one  of  this  act  provided,  then  as  a  penalty  for  such  non- 
payment the  wages  or  compensation  of  such  employees ,  shall  continue  from  the  due 
date  thereof  at  the  same  rate  until  paid,  or  until  an  action  therefor  shall  be  commenced ; 
provided,  that  in  no  case  shall  such  wages  continue  for  more  than  thirty  days;  and 
provided,  further,  that  no  such  employee  who  secretes  or  absents  himself  to  avoid 
payment  to  him,  or  who  refuses  to  receive  the  payment  when  fully  tendered  to  him, 
including  any  penalty  then  accrued  under  the  provisions  of  this  section,  shall  be 
entitled  to  any  benefit  under  this  act  for  such  time  as  he  so  avoids  payment. 

Refusal  of  employer  to  pay. 

§  6.     Any  person,  firm,  association,  or  corporation,  or  agent,  manager,  superintendent, 

or  officer  thereof,  who  having  the  ability  to  pay,  shall  wilfully  refuse  to  pay  the  wages 

due  and  payable  when  demanded,  as  herein  provided,  or  falsely  deny  the  amount  or 

validity  thereof,  or  that  the  same  is  due,  with  intent  to  secure  for  himself,  his  employer 

Gen.  Laws — 97 


Act  2778,  §8  7-11 


GKNKRAL   LAWS. 


1538 


or  other  person,  any  discount  upon  such  indebtedness,  or  with  intent  to  annoy,  harass, 
or  oppress,  or  hinder,  or  delay,  or  defraud,  the  person  to  whom  such  indebtedness  is 
due,  shall,  in  addition  to  any  other  penalty  imposed  upon  him  by  this  act,  be  guilty 
of  a  misdemeanor. 

Enforcement  by  burean  of  labor  statistics. 

$  7.  It  shall  be  the  duty  of  the  commissioner  of  the  bureau  of  labor  statistics  to 
inquire  diligently  for  any  violations  of  this  act,  and  to  institute  the  actions  for  penalties 
herein  provided,  and  to  enforce  generally  the  provisions  of  this  act. 

Enforcement  by  district  attorney. 

$  8.  Nothing  herein  contained  shall  be  construed  to  limit  the  authority  of  the  dis- 
trict attorney  of  any  county  or  city  and  county  to  prosecute  actions,  both  civil  and 
criminal,  for  such  violations  of  this  act  as  may  come  to  his  knowledge,  or  to  enforce 
the  provisions  hereof  independently  and  without  specific  direction  of  the  commissioner 
of  the  bureau  of  labor  statistics. 

C  onstitutionality . 

§  9.  If  any  section,  sentence,  clause,  or  part  of  this  act,  is  for  any  reason  held  to 
be  unconstitutional,  such  decision  shall  not  affect  the  remaining  portion  of  this  act. 
The  legislature  hereby  declares  that  it  would  have  passed  this  act,  and  each  section, 
sentence,  clause,  or  part  thereof,  irrespective  of  the  fact  that  one  or  more  sections, 
sentences,  clauses,  or  parts  be  declared  unconstitutional. 

Public  employment  excepted. 

i  10.  Nothing  in  this  act  shall  apply  to  the  payment  of  wages  or  compensation  of 
employees  directly  employed  by  any  county,  city  and  county,  incorporated  city  or 
town,  or  other  municipal  corporation.  Nor  shall  anything  herein  apply  to  employees 
directly  employed  by  the  state,  any  department,  bureau,  office,  board,  commission,  or 
institution  thereof.  All  other  employments  shall  for  the  purposes  of  this  act  be 
deemed  private  employments  and  subject  to  the  provisions  hereof. 

Acts,  Stats.  1911,  p.  1268,  Stats.  1915,  p.  299,  and  Stats.  1915,  p.  1292,  repealed. 

ij  11.  Ar  act  entitled  "An  act  providing  for  the  time  of  payment  of  wages,"  ap- 
proved May  1,  1911,  as  amended  April  28,  1915;  and  an  act  entitled  "An  act  to  regu- 
late the  payment  of  wages  or  compensation  of  employees  in  private  employments; 
■providing  a  penalty  for  the  violation  thereof;  and  authorizing  the  commissioner  of  the 
bureau  of  labor  statistics  to  enforce  the  provisions  of  this  act, ' '  approved  June  8,  1915, 
are  hereby  repealed;  but  such  repeal  shall  not  affect  any  prosecution  or  action  for  the 
violation  of  either  of  said  acts  commenced  within  the  time  allowed  by  the  statute  of 
limitations  of  actions. 


1.  Conatitutionality — Uniform  operation 
of  law. — The  act  of  1911  as  amended  in  1915 
was  not  obnoxious  to  section  11,  article  I, 
of  the  constitution,  as  to  the  uniform  opera- 
tion of  laws. — Moore  v.  Indian  Spring,  etc., 
Co.,  37  Cal.  App.  370,  174  Pac.  378. 

2.  Same — Not  a  local  or  speeial  act. — The 
act  of  1913  as  amended  in  1915,  is  not  a 
local  or  special  law  within  the  meaning  of 
subdivision  33,  section  25,  article  IV  of  the 
constitution. — Moore  v.  Indian  Spring,  etc., 
Co.,  37  Cal.  App.  370,  174  Pac.  378. 


3.  Same — "Due  process" — The  act  of  1913 
as  amended  in  1915,  was  not  violative  of 
the  "due  process"  clause  of  the  federal  con- 
stitution.— Moore  v.  Indian  Spring,  etc.,  Co., 
37  Cal.   App.   370,   174   Pac.   378. 

4.  Same— Imprisonment  on  mesne  proc- 
ess.— The  act  of  1913  is  unconstitutional  In 
so  far  as  it  permits  an  imprisonment  on 
mesne  process  for  debt. — In  re  Crane,  26 
Cal.  App.  22,  145   Pac.  733. 


1530  MASTER   AND   SERVANT.  Acts  2770,  2779a 

SEASONAL  LABOR  WAGES. 
ACT  2779 — An  act  regulating  the  payment  of  wages  earned  in  seasonal  labor  and 
prescribing  the  powers  and  duties  of  the  commissioner  of  the  bureau  of  laboi 
statistics,  in  relation  thereto. 

History:    Approved  May  28,  1913.    In  effect  August  10,  1913.     Stats. 
1913,  p.  343. 

' ' Seasonal  labor"  defined. 

^  1.  For  the  purpose  of  this  act  the  term  "seasonable  labor"  shall  include  all  work 
performed  by  any  person  employed  for  a  period  of  time  greater  than  one  month,  and 
where  the  wages  for  such  work  are  not  to  be  paid  at  any  fixed  intervals  of  time,  but 
at  the  termination  of  such  employment,  and  where  the  work  is  to  be  performed  outside 
of  this  state;  provided,  that  such  person  is  hired  within  this  state  and  the  wages 
earned  during  such  employment  are  to  be  paid  in  this  state  at  the  termination  of  such 
employment. 

Wages  paid  in  presence  of  examiner. 

§  2.  Upon  application  of  either  the  employer  or  the  employee,  the  wages  earned  in 
seasonal  labor,  shall  be  paid  in  the  presence  of  the  commissioner  of  the  bureau  of  labor 
statistics  or  an  examiner  appointed  by  him. 

Wages  disputes. 

§  3.  The  commissioner  shall  hear  and  decide  all  disputes  arising  from  wages  earned 
in  seasonal  labor  and  he  shall  allow  or  reject  any  deductions  made  from  such  wages; 
provided,  however,  that  he  shall  reject  all  deductions  made  for  gambling  debts  incurred 
by  the  employee  during  such  employment  and  for  liquor  sold  to  the  employee  during 
such  employment. 

Findings  filed. 

$  4.  After  final  hearing  by  the  commissioner,  he  shall  file  in  the  ofiBce  of  the  bureau 
of  labor  statistics,  a  copy  of  the  findings  upon  facts  and  his  award. 

Award,  wages  due. 

§  5.  The  amount  of  the  award  of  the  commissioner  shall  be  conclusively  presumed 
to  be  the  amount  of  the  wages  due  and  unpaid  to  the  employee  at  the  time  of  the 
termination  of  the  employment,  and  prosecution  may  be  commenced  under  the  provi- 
sions of  an  act  entitled,  "An  act  providing  for  the  time  of  payment  of  wages," 
approved  May  1,  1911. 

May  issue  subpoenas. 

§  6.  The  commissioner  or  any  examiner  appointed  by  him,  shall  have  power  and 
authority  to  issue  subpoenas  to  compel  attendance  of  witnesses  or  parties,  and  the 
production  of  books,  papers  or  records  and  to  administer  oaths.  Obedience  to  such 
subpoenas  shall  be  enforced  by  the  courts  of  any  county  or  city  and  county. 

Not  applicable  to  seamen. 

§  7.  This  act  shall  not  be  construed  to  apply  to  the  wages  earned  by  seamen  or 
other  persons,  where  the  payment  of  wages  is  regulated  by  federal  statute. 

ENFORCED  PURCHASE  ACT. 
ACT  2779a — An  act  prohibiting  employers  of  labor  from  coercing  employees  in  the 
purchase  of  things  of  value,   and  prescribing  a  penalty  for  the  violation  of  the 
provisions  hereof. 

History:    Approved  April  26,  1917.     In  effect  July  27,  1917.     Stats. 
1917,  p.  207. 


Acta  2779b,  2779c,  g§  1-3  GENERAL   LAWS.  1540 

Unlawful  to  force  employee  to  patronize  employer. 

$  1.  It  shall  be  unlawful  for  any  employer  of  labor,  or  any  officer,  agent  or  employee 
of  any  employer  of  labor  to  make,  adopt  or  enforce  any  rule  or  regulation  compelling 
or  coercing  any  emi)loyee  to  patronize  said  employer,  or  any  other  person,  firm  or  cor- 
poration, in  the  purchase  of  any  thing  of  value;  provided,  however,  that  nothing  herein 
shall  be  interpreted  as  prohibiting  any  employer  of  labor  from  prescribing  the  weight, 
color,  quality,  texture,  style,  form  and  make  of  uniforms  required  to  be  worn  by  their 
employees. 

Penalty. 

^  2.  Any  person,  whether  as  an  individual,  or  as  an  agent  or  employee  of  a  firm, 
or  as  an  officer,  agent  or  employee  of  a  corporation,  who  shall  violate  any  of  the 
provisions  of  this  act,  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  be  punished  by  a  fine  not  exceeding  one  hundred  dollars  or  by  imprisonment  in 
the  county  jail  for  a  term  not  exceeding  six  months,  or  by  both  such  fine  and 
imprisonment. 

SERVICE  LETTERS  FOR  EMPLOYEES. 

ACT  27791) — An  act  to  provide  for  the  furnishing  by  public  utility  corporations,  to 

employees  thereof  leaving  their  service,  of  service  letters. 

History:     Approved  June  1,   1917.     In  effect  July  31,   1917.     Stats. 
1917,  p.  1520. 

Service  letters  by  public  utility  corporations. 

§  1.  Every  public  utility  corijoration  shall,  upon  request  therefor  made  to  it  by  any 
emploj'^ee  thereof  leaving  its  service,  give  to  such  employee  a  letter  covering  and  stating 
the  period  during  which  such  service  was  and  kind  of  service  rendered  to  such  corpora- 
tion by  such  employee. 

Penalty. 

^  2.  Every  public  utility  corporation  violating  the  provisions  of  this  act  shall,  for 
each  offense,  suffer  a  fine  of  not  less  than  twenty-five  dollars,  nor  more  than  one  hun- 
dred dollars ;  which  fine  shall  be  collected  by  the  district  attorney  of  the  county  in  which 
such  corporation  has  its  principal  place  of  business. 

COST  OF  BONDS  AND  PHOTOGRAPHS. 

ACT  2779c — An  act  to  require  employers  to  pay  the  cost  of  bonds  and  photographs 

required  of  and  furnished  by  employees  or  applicants  for  employment. 

History:    Approved  April  20,  1917.     In  effect  July  27,  1917.     Stats. 
1917,  p.  151. 

Employer  must  pay  for  bond  or  photograph. 

^  1.  Whenever  a  bond  or  photograph  of  an  employee  or  applicant  for  employment 
is  required  by  any  employer  of  labor,  said  employer  shall  pay  the  cost  of  such  bond  or 
photograph. 

Penalty. 

$  2.  Any  person  violating  any  provision  of  this  act  shall  be  guilty  of  a  misdemeanor, 
punishable  by  a  fine  not  less  than  twenty-five  dollars  nor  exceeding  five  hundred  dollars. 

Enforcement. 

5  3.  The  commissioner  of  the  bureau  of  labor  statistics  of  the  state  of  California 
shall  enforce  the  provisions  of  this  act.. 


154X  MASTER   AND   SERVANT.  Act  27794,  §§  1, 2 

SEMI-MONTHLY  PAY  DAYS  FOR  COUNTY  EMPLOYEES. 

ACT  2779d — An  act  to  provide  for  semi-monthly  pay  days  of  laborers  in  the  employ 

of  any  county  of  the  first  or  second  class. 

History:    Approved  May  22,  1917.     In  efEect  July  27,  1917.     Stats. 
1917,  p.  800. 

Semi-monthly  pay  days  of  county  employees. 

§  1.  The  wages  of  all  employees  of  any  county  of  the  first  or  second  class,  whose 
compensation  is  based  on  a  daily  rate  of  payment,  shall  be  paid  at  not  less  than  two 
stated  times  in  each  calendar  month,  and  at  substantially  equal  intervals. 

Penalty  for  violation. 

§  2.  Any  officer,  employer  or  agent  of  any  county  of  the  first  or  second  class,  or  of 
any  department  or  institution  thereof,  who  fails,  refuses  or  neglects  to  comply  with 
the  requirements  of  this  act,  in  so  far  as  the  payments  are  prescribed  or  controlled  by 
him,  is  guilty  of  a  misdemeanor. 


Act  2781 


GGNKRAL.    I-AWS, 


THE  WORKMEN'S  COMPENSATION,  INSURANCE  AND  SAFETY  ACT  OF  1917. 

ACT  2781 — An  act  to  promote  the  comfort,  health,  safety  and  general  welfare  of  the 
people  of  this  state  as  affected  "by  injury  causing  the  disability  or  death  of  employees 
in  the  course  of  their  emplojnnent,  providing  for  a  complete  plan  of  workmen's  com- 
pensation by  creating  a  liability  on  the  part  of  immediate  employers,  principal  em- 
ployers, contracting  employers  and  their  insurance  carriers  to  compensate  employees 
and  their  dependents  for  such  disability  or  death,  irrespective  of  the  fault  of  any 
party,  providing  the  means  and  methods  of  enforcing  such  liability  and  providing  for 
certain  liens  upon  compensation;  and  regulating  compensation  insurance  coverage 
against  such  liability,  securing  the  payment  of  compensation  and  confirming  the 
establishment  and  transactions  of  the  state  compensation  insurance  fund;  and  requir- 
ing safety  in  all  emplojonents  and  places  of  employment  in  this  state  and  providing 
the  means  and  methods  of  enforcing  such  safety;  and  requiring  reports  of  industrial 
injuries;  and  providing  penalties  for  offenses,  as  defined  herein,  by  employers,  their 
officers  and  agents,  and  by  employees  and  other  persons  and  corporations;  and 
defining  the  powers  and  duties  of  the  industrial  accident  commission  under  this  act, 
and  providing  for  a  review  of  its  orders,  decisions  and  awards;  and  repealing  sections 
two,  twelve,  thirteen,  fourteen,  fifteen,  sixteen,  seventeen,  eighteen,  nineteen,  twenty, 
twenty-one,  twenty-two,  twenty-three,  twenty-four,  twenty-five,  twenty-six,  twenty- 
seven,  twenty-eight,  twenty-nine,  thirty,  thirty-one,  thirty-two,  thirty-three,  thirty- 
four,  thirty-five,  fifty-one,  fifty-two,  fifty-three,  fifty-four,  fifty-five,  fifty-six,  fifty- 
seven,  fifty-eight,  fifty-nine,  sixty,  sixty-one,  sixty-two,  sixty-three,  sixty-four,  sixty- 
five,  sixty-six,  sixty-seven,  sixty-eight,  sixty-nine,  seventy,  seventy-one,  seventy-two, 
seventy-three  seventy-four,  seventy-five,  seventy-five  a,  seventy-six,  seventy-seven, 
seventy-eight,  seventy-nine,  eighty,  eight-one,  eighty-two,  eighty-three,  eighty-four, 
eighty-five,  eighty-six  and  eighty-seven  of  chapter  one  hundred  seventy-six,  statutes 
of  1913,  and  all  other  acts  and  parts  of  acts  inconsistent  herewith,  except  sections 
one,  three,  four,  five,  six,  seven,  eight,  nine,  ten,  eleven,  thirty-six,  thirty-seven,  thirty- 
eight,  thirty-nine,  forty,  forty-one,  forty-two,  forty-three,  forty-four,  forty-five 
forty-sLx,  forty-seven,  forty-eight,  forty-nine,  fifty,  eighty-eight  and  ninety  of  said 
chapter  one  hundred  seventy-six,  statutes  of  1913. 

History:  Approved  May  23,  1917.  In  effect  January  1,  1918.  Stats. 
1917,  p.  831.  Amended  May  22,  1919;  in  effect  July  22,  1919,  Stats.  1919, 
p.  910.  Prior  act  of  April  8,  1911;  in  effect  September  1,  1911,  Stats 
1911,  p.  796,  commonly  known  as  the  "Roseberry  Act,"  was  repealed 
by  the  act  of  May  26,  1913;  in  effect  January  1,  1914,  Stats,  1913,  p.  279, 
known  as  the  "Boynton  Act,"  which  was  amended  (1)  May  27,  1915; 
in  effect  August  8,  1915,  Stats.  1915,  p.  913;  (2)  June  3,  1915;  in  effect 
August  8,  1915,  Stats.  1915,  p.  1079;  (3)  June  8,  1915;  in  effect  August  8, 
1915,  Stats.  1915,  p.  1302;  (4)  by  the  present  act.  The  amendments 
made  by  the  present  act,  eliminated  the  compensation  provisions  of 
the  "Boynton  Act,"  and  left  only  the  administrative  and  Insurance  fea- 
tures of  the  original  act,  which  appears  under  the  title  "Industrial 
Accident  Commission,"  Act  2106. 

TABLE  OF  CORRESPONDING  SECTIONS,  ACTS  OF  1913  AND  1917. 


Act  of  1913. 

Act  of  1917. 

Act  of  1913. 

Act  of  1917 

§2. 

Corresponding 

section . . . 

§3 

§22. 

Corresponding 

section . . 

.§17 

§7. 

Corresponding 

section. . . 

§4 

§23. 

Corresponding 

section.  . 

.§18 

§12. 

Corresponding 

section . . . 

§6 

§24. 

Corresponding 

section . . 

.§19 

§13. 

Corresponding 

section 

§7 

§25. 

Corresponding 

section. . 

.§20 

§14. 

Corresponding 

section. . . 

§8 

§26. 

Corresponding 

section. . 

.§21 

§15. 

Corresponding 

section. .. 

§9 

§27. 

Corresponding 

section. . 

.§22 

§16. 

Corresponding 

section. . . 

§11 

§28. 

Corresponding 

section. . 

.§23 

§17. 

Corresponding 

section. . . 

§12 

§29. 

Corresponding 

section. . 

.§24 

§18. 

Corresponding 

section.  . . 

§13 

§30. 

Corresponding 

section.  . 

.§25 

§19. 

Corresponding 

section.  . . 

§14 

§31. 

Corresponding 

section .  . 

.§26 

§20. 

Corresponding 

section.  . . 

§15 

§32. 

Corresponding 

section.  . 

.§27 

§21. 

Corresponding 

section.  .  . 

§  16 

§33. 

Corresponding 

section. . 

.§28 

1513 


MASTER  AND   SERVANT. 


Act  2781 


Act  of  1913. 


Act  of  1917.      Act  of  1913. 


Act  of  1917, 


§34.  Corresponding  section.  ...§  30 
§  35.  Corresponding  section. . .  .§  31 
§51.  Corresponding  section.  ...§  33 
§52.  Corresponding  section.  ...§  34 
§53.  Corresponding  section.  ...§  35 
Corresponding  section. ...  §  36 
Corresponding  section. ...  §  37 
Corresponding  section.  ...  §  38 
§  58.  Corresponding  section. ...  §  40 
§  59.  Corresponding  section.  . .  .§  41 
Corresponding  section. ...  §  42 
Corresponding  section. ...  §  43 
Corresponding  section.  . .  .§  44 
Corresponding  section. . .  .§  45 
Corresponding  section. . .  .§  46 
Corresponding  section. ...  §  47 
Corresponding  section.  ...§  48 
Corresponding  section ....  §  49 
Corresponding  section.  ...  §  50 
§51 


§54 
§55 
§56. 


60 
§61. 
§62. 
§63. 
§64. 
§65. 
§66. 
§67. 
§68 


§  69.     Corresponding  section. 


§70.  Corresponding  section. — §52 

§  71.  Corresponding  section. ...  §  53 

§72.  Corresponding  section.  ...§  54 

§  73.  Corresponding  section. . .  .§  55 

§  74.  Corresponding  section.  . .  ,§  56 

§  75.  Corresponding  section. . .  .§  57 

§  75a.  Corresponding  section. . .  .§  58 

§  76.  Corresponding  section. ...  §  59 

§  77.  Corresponding  section. . .  .§  60 

§  78.  Corresponding  section. ...  §  61 

§  79.  Corresponding  section. . .  .§  62 

§80.  Corresponding  section.  ...§  63 

§  81.  Corresponding  section.  . .  .§  64 

§  82.  Corresponding  section. ...  §  65 

§  83.  Corresponding  section. . .  .§  66 

§  84.  Corresponding  section. . .  .§  67 

§85.  Corresponding  section.  ...§  68 

§  86.  Corresponding  section. . .  .§  69 

§  87.  Corresponding  section. . .  .§  70 


§  1. 

§  2. 

§  3. 

§  4. 

§  5. 

§  6. 

§  7. 

§  8. 


§    9. 


§10. 
§11. 

112. 

§13. 
§14. 

§15. 
§16. 

§17. 

§18. 

§  19. 
§20. 


ANALYSIS  OF  ACT. 

Intention  of  Act.    Social  Public  Pouct  of  State  Declared. 

Title. 

Definitions:  "Commission";  "Commissioner";  "Compensation";  "Injury"; 
"Damages";  "Person";  "Insurance  Carrier";  "Singular  and  Plural." 

Assistant  to  Attorney. 

Powers  and  Duties. 

Employer's  Liability.  Misconduct  of  Injured  Employee.  Eecovery  of  Compen- 
sation. 

' '  Employer.  ' ' 

"Employe";  "Independent  Contractor";  Partner  Receiving  Wages;  "Casual"; 
Watchmen;  Employees  of  State,  Etc.  Workmen  Under  Partnership  Agree- 
ment. 

Change  of  Physicians.  Employer  Maintaining  Hospital  Staff.  Time  op  Dis- 
ability Payments.  Disability  Less  Than  Seven  Days.  Disability  More  Than 
Seven  Days.  Amount  of  Disability  Payments.  Aggregate  Disability  Pay- 
ments. Computation  of  Payments  When  Disability  Permanent.  Only  One 
Payment.  Permanent  Disabilities  Presumed  to  Be  Total.  Schedule  for  Deter- 
mination OF  Permanent  Disabilities.  Death  Benefits.  If  Deceased  Employee 
Leaves  Dependents.  If  Employee  Leaves  Persons  Partially  Dependent.  If  No 
Dependents. 

Inspection  of  Hospital  Facilities.  Eeports  op  Receipts,  Etc.  Facilities  Declared 
Inadequate. 

Right  to  Institute  Proceedings  Barred,  When.  Periods  Within  Which  Pro- 
ceedings FOR  Collection  May  Be  Commenced.  Guardian  for  Minor  of  Incompe- 
tent. Refusal  to  Submit  to  Medical  Treatment.  Previous  Disability  Does 
Not  Affect  Later  Disability.  Payments  Not  Due  Employee.  Affirmative 
Defense. 

Average  Annual  Earnings.  Average  Weekly  Earnings.  When  Less  Than  Five 
Days  or  Seasonal.    Overtime,  Board,  Etc.     If  Injured  Employee  Is  Under  21. 

Weekly  Loss  in  Wages  in  Case  of  Temporary  Partial  Disability. 

Who  Are  Deemed  Wholly  Dependent.  Distribution  of  Death  Benefit.  Com- 
mission May  Reassign  Death  Benefit. 

Notice  to  Employer. 

Medical  Examination  or  Employee.  It  Emplotee  Refuses  to  Submit  to  Examin 
ation. 

Hearing  on  Disputes.  Service  of  Notice.  Jurisdiction  of  Commission.  But  On» 
Cause  of  Action.    Death  op  Employer. 

Dependant's  Answer.  Application  for  Eeliep.  Dismissal  op  Application, 
Attachment  of  Defendant's  Property. 

Testimony.     Stipulation  op  Facts.     Evidence.    Affirmative  Defenses.     Autopsy. 

Findings  and  Award.    Amending  Orders,  Etc.  • 


A<f  2781  GENERAL   LAWS.  1544 

§  21.  Findings  Filed  in  the  Superiob  Court.  Judgment  Roll.  Stay  of  Execution. 
Entry  of  Satisfaction. 

§  22.    Keview  of  Findings,  Etc. 

§  23.     Fees.    Costs. 

y  24.  Claim  Not  Assignable.  Lien  Against  Amount  Due  as  Compensation.  Notice  op 
Claim.  Award  by  Commission.  Excessive  Claim  for  Legal  Services.  Prefer- 
ence OF  Claim  for  Compensation. 

§  25.    Liability  op   Principal   Employers   and  Contractors.     Limitations  on   Liability. 

§26.  "Employee."  Suits  for  Damages  From  Person  Other  Than  Employer.  If 
Employee  Joins  in  Suit. 

§  27.  Right  to  Compromise.  Valid  Release  or  Compromise  Agreement.  Award  Based 
ON  Release  or  Compromise  Agreement.  Contents  op  Release  ob  Compromise 
Agreement. 

§  28.  Compensation  Payable  in  Lump  Sum.  Determination  of  Amount  of  Commuted 
Payment.  Manner  of  Making  Lump  Sum  Payment.  Payments  From  State 
Compensation  Insurance  Fund. 

§  29.  Ways  of  Securing  Payment  op  Compensation.  Action  Against  Employer.  Right 
TO  Attach  Property. 

§  30.  Right  of  Employer  to  Insure  in  Mutual  Companies,  Etc.  Liability  Not  Reduced 
BY  Insurance,  Etc.  Insurance  Carrier  Directly  Liable  to  Employee.  Lien  of 
Employee  on  Amount  Owing  on  Policy.  Employer  Relieved  From  Liability  by 
Insurance  Carrier.  Order  of  Commission.  Insurance  Carrier  Subrogated  to 
Rights  of  Employer.    State  Fund  May  Insure. 

§31.     "Limited  Compensation  Policy." 

§  32.    Organization  of  State  Compensation  Insurance  Fund  Continued. 

§33.  Definitions:  "Place  of  Employment";  "Employment";  "Employer";  "Em- 
ployee"; "Order";  "General  Order";  "Local  Order";  "Safe"  and 
"Safety";  "Safety  Device"  and  "Safeguard." 

§  34.     Employer  to  Make  Employment  Safe. 

§  35.     Use  of  Safety  Deuces. 

§  36.     Construction  of  Unsafe  Place. 

§  37.     Employee  Not  to  Interfere  With  Safety  Devices. 

§  38.     jltilsdiction  of  commission  over  places  of  employment. 

§  39.     Power  of  Commission  to  Prescribe  Devices,  Standards,  Etc. 

§  40.     Notice  of  Hearing  to  Consider  General  Safety  Order. 

§  41.     Order  to  Make  Employment  Safe. 

§  42.     Time  for  Compliance  With  Order. 

§  43.     Investigation  of  Unsafe  Employment. 

§  44.     Obeying  Order. 

§  45.     Review  of  Orders. 

§  46.     Powers  of  Supervisors.  Etc.,  Not  Affected. 

§  46i.  Restraining  Injunction  Against  Unsafe  Employments. 

§  47.    Museums  of  Safety  and  Hygiene.    Lectures.    Advisers. 

§  48.     Order  Admissible  as  Evidence. 

§  49.     Penalty  for  Violation. 

§  50.     Separate  and  Distinct  Offense. 

s  51.  Accident  Prevention  Fund.  Percentage  op  Amount  of  Gross  Premiums.  Esti- 
mates Submitted  to  Board  of  Control.     Revolving  Fund. 

§  52.     Unlawful  to  Divulge  Confidential  Information. 

§  53.  Reports  op  Injuries.  Filling  Out  Blanks.  Information  Not  Open  to  Public 
Inspection. 

S  54.  Investigation  of  Injuries.  Inspectors,  Etc.,  May  Enter  Place  op  Employment. 
Penalty  for  Violation. 

§  55.     Proceedings  Instituted  Before  Commission.     Orders,  Etc..  Prima  Facie  Lawful. 

§  56.     Service  of  Notice,  Etc. 

§  57.  Powers  of  Commission.  Rules  of  Practice.  Representation  op  Minors,  Etc. 
Appoint  Trustees  to  Appear  for  Minor  or  Incompetent.  .Joinder  op  Interested 
Persons.  Notices.  Proofs.  Controversies  Over  Insurance  Policies.  Acting 
as  Arbitrator. 

§  58.     Controversies  Over  Injuries  Outside  op  State. 

1 59.  Reference  op  Cases.  Referees.  Objection  to  Appointment.  Oath  of  Referee. 
Report  op  Referee.  Order,  Etc.,  Based  on  Report  of  Referee.  Hearings  by 
Referees. 

I  60.     Commission    Not    Bound    by    Statutory    Rules    op    EnoENCE    and    Procedure. 

•  Depositions. 


lo  13  MASTE:R  and   servant.  Act  2781,  §§  1-3 

§  61.     Po"WER  OF  Commission  to  Administer  Oaths,  Etc.     Witness  Fees  and  Mileage. 

§  62.     Power  of  Superior  Court  to  Compel  Attendance  of  Witnesses,  Etc. 

§  63.     General  Powers  op  Commission.     Power  to  Issue  Writs,  Etc. 

§  64.     Application    for    Rehearing.      No    Cause    for    Action    Unless    Application    fob 

Rehearing.    Grounds  for  Application.    Service  Upon  Adverse  Parties.    Rehear- 
ing.   Changing  Order,  Etc.    Action  Within  30  Days. 
S  65.     Grounds  for  Rehearing  of  Order  Awarding  Compensation. 
§  66.     Grounds   for  Rehearing   of   Order   Not   Pertaining  to   Compensation.     Right  of 

Commission  to  Adopt  New  Rules. 
§  67.    Application  for  Writ  of  Review.     Record  of  Commission.     Judgment  op  CoiniT. 

Jurisdiction  of  Courts  Limited. 
S  68.     Order,  Etc.,  Suspended  by  Application  for  Rehearing.     Stay  of  Order  by  Coukt. 

Written  Undertaking  by  Petitioner. 
§  69.     Interpretation  by  Court.    Employers  Engaged  in  Interstate  Commerce. 
§  70.     Other  Employees  May  Come  Under  Provisions  of  Act.    Other  Employers  Subject 

TO  Compensation  Privileges,  When.     State  Employments.     Acceptance  of  Act 

OF  1913  Continued. 
§  71.     Repealed.     Continued. 

§  72.     Proceedings,  Etc.,  Under  Act  of  1913  Not  Disturbed. 
§  73.     [Compensation  Provisions  Have  No  Retroactive  Effect.] 
§  74.     In  Effect  When. 

Intention  of  act.    Social  public  policy  of  state  declared. 

^  1.  This  act  and  each  and  every  part  thereof  is  an  expression  of  the  police  power 
and  is  also  intended  to  make  effective  and  apply  to  a  complete  system  of  workmen's 
compensation  the  provisions  of  section  seventeen  and  one-half  of  article  XX  and  section 
twenty-one  of  article  XX  of  the  constitution  of  the  state  of  California.  A  complete 
system  of  workmen's  compensation  includes  adequate  provision  for  the  comfort, 
health,  safety  and  general  welfare  of  any  and  all  employees  and  those  dependent  upon 
them  for  support  to  the  extent  of  relieving  from  the  consequences  of  any  injury  in- 
curred by  employees  in  the  course  of  their  employment,  irrespective  of  the  fault  of  any 
party;  also  full  provision  for  securing  safety  in  places  of  employment,  full  provision 
for  such  medical,  surgical,  hosj^ital  and  other  remedial  treatment  as  is  requisite  to 
cure  and  relieve  from  the  effects  of  such  injurj^,  full  provision  for  adequate  insurance 
coverage  against  the  liability  to  pay  or  furnish  compensation,  full  provision  for  regu- 
lating such  insurance  coverage  in  all  its  aspects  including  the  establishment  and  man- 
agement of  a  state  compensation  insurance  fund,  full  provision  for  otherwise  securing 
the  payment  of  compensation,  and  full  provision  for  vesting  power,  authority  and  juris- 
diction in  an  administrative  body  with  all  the  requisite  governmental  functions  to 
determine  any  matter  arising  under  this  act  to  the  end  that  the  administration  of  this 
act  shall  accomplish  substantial  justice  in  all  cases  expeditiously,  inexpensively  and 
without  incumbrance  of  any  character;  all  of  which  matters  contained  in  this  section 
are  expressly  declared  to  be  the  social  public  policy  of  this  state,  binding  upon  all 
departments  of  the  state  government. 

Title. 

^2.  This  act  shall  be  known  and  may  be  cited  as  the  ''workmen's  compensation, 
insurance  and  safety  act  of  1917 ' '  and  shall  apply  to  the  subjects  mentioned  in  its  title. 

Definitions. 

$  3.  The  following  terms  as  used  in  this  act  shall,  unless  a  different  meaning  is 
plainly  required  by  the  context  be  construed  as  follows: 

"Commission." 

(1)  The  term  "commission"  means  the  industrial  accident  commission  of  the  state 
of  California  as  created  under  the  provisions  of  chapter  one  hundred  seventy-six  of  the 
laws  of  1913. 


Ael  27S1,  gg  4-6  GKKKRAL,   ^AWS.  1546 

"Commissioner." 

(2)  The  term  "commissioner"  means  one  of  the  members  of  the  commission. 

"Compensation." 

(3)  The  term  "compensation"  means  compensation  under  this  act  and  includes 
every  benefit  or  payment  conferred  by  sections  six  to  thirty-one,  inclusive,  of  this  act 
upon  an  injured  employee,  or  in  the  event  of  his  death,  upon  his  dependents,  without 
regard  to  negligence. 

"Injury." 

(4)  The  term  "injury,"  as  used  in  this  act,  shall  include  any  injury  or  disease  aris- 
ing out  of  the  employment  including  injuries  to  artificial  members.  In  case  of  aggra- 
vation of  any  disease  existing  prior  to  such  injury,  compensation  shall  be  allowed  only 
for  such  proportion  of  the  disability  due  to  the  aggravation  of  such  prior  disease  as 
may  reasonably  be  attributed  to  the  injury. 

"Damages." 

(5)  The  term  "damages"  means  the  recovery  allowed  in  an  action  at  law  as  con- 
trasted with  compensation  under  this  act. 

"Person." 

(6)  The  term  "person"  includes  an  individual,  firm,  voluntary  association,  or  a 
public,  quasi-public  or  private  corporation. 

"Insurance  carrier." 

(7)  The  term  "insurance  carrier"  includes  the  state  compensation  insurance  fund 
and  any  private  company,  corporation,  mutual  association,  reciprocal  or  interinsuranee 
exchange  authorized  under  the  laws  of  this  state  to  insure  employers  against  liability 
for  compensation  under  this  act  and  any  employer  to  whom  a  certificate  of  consent 
to  self-insure  .has  been  issued. 

Singular  and  plural. 

(8)  Whenever  in  this  act  the  singular  is  used,  the  plural  shall  be  included;  where 
the  masculine  gender  is  used,  the  feminine  and  neuter  shall  be  included.  [Amendment 
of  May  22,  1919.    In  effect  July  22,  1919.    Stats.  1919,  p.  911.] 

Assistant  to  attorney. 

§  4.  The  commission  shall  have  power  and  authority  to  appoint  an  assistant  to  its 
attorney,  who  shall  be  an  attorney  at  law  of  this  state,  and  who  shall  hold  office  at  the 
pleasure  of  the  commission.  It  shall  be  the  right  and  duty  of  such  assistant  attorney  to 
perform  any  of  the  duties  of  the  attorney  of  the  commission  under  the  direction  of 
the  commission  or  its  attorney. 

Powers  and  duties. 

$  5.  Said  commission  is  hereby  vested  with  full  power,  authority  and  jurisdiction 
under  the  provisions  of  this  act  and  charged  with  the  duties  defined  by  the  provisions 
of  this  act  in  addition  to  all  other  power,  authority,  jurisdiction  and  duties  conferred 
upon  it  and  exercised  by  it  as  heretofore  created,  constituted  and  existing. 

Employer's  liability. 

^6.  (a)  Liability  for  the  compensation  provided  by  this  act,  in  lieu  of  any  other 
liability  whatsoever  to  any  person,  shall,  without  regard  to  negligence,  exist  against 
an  employer  for  any  injury  sustained  by  his  employees  arising  out  of  and  in  the  course 
of  the  employment  and  for  the  death  of  any  such  employee  if  the  injury  shall  proxi- 


1547  MASTER   AXD   SERVANT.  Act  27S1,  §§  7,  8 

mately  cause  death,  in  those  cases  where  the  following  conditions  of  compensation 
concur : 

(1)  Where,  at  the  time  of  the  injury,  both  the  employer  and  employee  are  subject  to 
the  compensation  provisions  of  this  act. 

(2)  Where,  at  the  time  of  the  injury,  the  employee  is  performing  service  growing 
out  of  and  incidental  to  his  employment  and  is  acting  within  the  course  of  his  employ- 
ment. 

(3)  Where  the  injury  is  proximately  caused  by  the  employment,  either  with  or  with- 
out negligence,  and  is  not  caused  by  the  intoxication  of  the  injured  employee,  or  is  not 
intentionally  self-inflicted. 

Misconduct  of  injured  employee. 

(4)  Where  the  injury  is  caused  by  the  serious  and  wilful  misconduct  of  the  injured 
employee,  the  compensation  otherwise  recoverable  by  him  shall  be  reduced  one-half; 
provided,  however,  that  such  misconduct  of  the  employee  shall  not  be  a  defense  to  the 
claim  of  the  dependents  of  said  employee,  if  the  injury  results  in  death,  or  to  the  claim 
of  the  employee,  if  the  injury  results  in  a  permanent  partial  disability  equaling  or  in 
excess  of  seventy  per  cent  of  total;  and  provided,  further,  that  such  misconduct  of  said 
employee  shall  not  be  a  defense  where  his  injury  is  caused  by  the  failure  of  the 
employer  to  comply  with  any  provision  of  law,  or  any  safety  order  of  the  commission, 
with  reference  to  the  safety  of  places  of  employment;  and  provided,  further,  that  in 
case  of  an  injury  suffered  by  an  employee  under  sixteen  years  of  age,  it  shall  be  con- 
clusively presumed  that  such  injury  was  not  caused  by  serious  and  wilful  misconduct. 

Recovery  of  compensation. 

(b)  Where  such  conditions  of  compensation  exist,  the  right  to  recover  such  compen- 
sation, pursuant  to  the  provisions  of  this  act,  shall  be  the  exclusive  remedy  against  the 
employer  for  the  injury  or  death ;  provided,  that  where  the  employee  is  injured  by  rea- 
son of  the  serious  and  wilful  misconduct  of  the  employer,  or  his  managing  representa- 
tive, or  if  the  employer  be  a  partnership,  on  the  part  of  one  of  the  partners,  or  if  a 
corporation,  on  the  part  of  an  executive  or  managing  officer  or  general  superintendent 
thereof,  the  amount  of  compensation  otherwise  recoverable  for  injury  or  death,  as 
hereinafter  provided,  shall  be  increased  one-half,  any  of  the  provisions  of  this  act  as 
to  maximum  payments  or  otherwise  to  the  contrary  notwithstanding,  provided,  how- 
ever, that  said  increase  of  award  shall  in  no  event  exceed  two  thousand  five  hundred 
dollars. 

(c)  In  all  other  cases  where  the  conditions  of  compensation  do  not  concur,  the 
liability  of  the  employer  shall  be  the  same  as  if  this  act  had  not  been  passed.  [Amend- 
ment of  May  22, 1919.    In  effect  July  22, 1919.    Stats.  1919,  p.  912.] 

"Employer." 

§7.  The  term  "employer"  as  used  in  sections  six  to  thirty-one,  inclusive,  of  this 
act  shall  be  construed  to  mean:  The  state,  and  each  county,  city  and  county,  city, 
school  district,  irrigation  district,  all  other  districts  established  by  law  and  all  public 
corporations  and  quasi-public  corporations  and  public  agencies  therein,  and  every 
person,  firm,  voluntary  association,  and  private  corporation,  including  any  public 
service  corporation,  who  has  any  person  in  service  under  any  appointment  or  contract 
of  hire,  or  apprenticeship,  express  or  implied,  oral  or  written,  and  the  legal  representa- 
tive of  any  deceased  employer.  [Amendment  of  May  22,  1919.  In  effect  July  22,  1919. 
Stats.  1919,  p.  913.] 

"Employee." 

^8.  (a)  The  term  "employee"  as  used  in  sections  six  to  thirty-one,  inclusive,  of 
this   act   shall  be   construed   to   mean:   every   person   in    the   service   of   an   employer 


Act  27S1 


GBNGRAL   LAWS.  154S 


as  defined  by  section  seven  hereof  under  any  appointment  or  contract  of  hire  or 
apprenticeship.,  express  or  implied,  oral  or  written,  including  aliens,  and  also  includ- 
ing minors,  whether  lawfully  or  unlawfully  employed,  and  all  elected  and  appointed 
paid  public  officers,  and  all  officers  and  members  of  boards  of  directors  of  quasi-public 
or  private  cor[iorations,  while  rendering  actual  service  for  such  corporations  for 
pay,  but  excluding  any  person  whose  employment  is  both  casual  and  not  in  the 
course  of  the  trade,  business,  profession  or  occupation  of  his  employer,  and  also  exclud- 
ing any  employee  engaged  in  household  domestic  service,  farm,  dairy,  agricultural, 
viticultural  or  horticultural  labor,  in  stock  or  poultry  raising  and  any  person  holding 
an  appointment  as  deputy  clerk,  deputy  sheriff  or  deputy  constable  appointed  for  the 
convenience  of  such  appointee,  who  receives  no  compensation  from  the  county  or 
municipal  corporation  or  from  the  citizens  thereof  for  services  as  such  deputy;  pro- 
vided, that  such  last  exclusion  shall  not  deprive  any  person  so  deputized  from  recourse 
against  any  private  person  employing  him  for  injury'  occurring  in  the  course  of  and 
arising  out  of  such  employment. 

"Independent  Contractor."    Partner  receiving  wages. 

(b)  Any  person  rendering  service  for  another,  other  than  as  an  independent  con- 
tractor, or  as  expressly  excluded  herein,  is  presumed  to  be  an  employee  within  the 
meaning  of  this  act.  The  term  "independent  contractor"  shall  be  taken  to  mean,  for 
the  purposes  of  this  act :  any  person  who  renders  service,  other  than  manual  labor,  for 
a  specified  recompense  for  a  specified  result,  under  the  control  of  his  principal  as  to 
the  result  of  his  work  only  and  not  as  to  the  means  by  which  such  result  is  accom- 
plished. A  working  member  of  a  partnership  receiving  wages  irrespective  of  profits 
from  such  partnership  shall  be  deemed  an  emplo3'ee  within  the  meaning  of  this  section. 

"Casual." 

(c)  The  term  "casual"  as  used  in  this  section  shall  be  taken  to  refer  only  to  employ- 
ments where  the  work  contemplated  is  to  be  completed  in  not  exceeding  ten  working 
■lays,  witho\;t  regard  to  the  number  of  men  employed,  and  where  the  total  labor  cost 
of  such  work  is  less  than  one  hundred  dollars.  The  phrase  ''course  of  the  trade,  busi- 
ness, profession  or  occupation  of  his  employer"  shall  be  taken  to  include  all  services 
tendin"-  toward  the  preservation,  maintenance  or  operation  of  the  business,  business 
premises  or  business  property  of  the  employer.  The  words  *  *  trade,  business,  profession 
or  occupation  of  his  employer"  shall  be  taken  to  include  any  undertaking  actually 
engaged  in  by  him  with  some  degree  of  regularity,  the  trade  name,  articles  of  incoi-po- 
lation  or  principal  business  of  the  employer  to  the  contrary  notwithstanding. 

Watchmen. 

(d)  Watchmen  for  nonindustrial  establishments,  paid  by  subscription  by  several 
persons,  shall  not  be  held  to  be  employees  within  the  meaning  of  this  act.  In  other 
cases  where  watchmen,  paid  by  subscription  by  several  persons,  have  at  the  time  of 
the  injury  sustained  by  them  taken  out  and  maintained  in  full  force  and  effect  insur- 
ance upon  themselves  as  self-employing  persons  conferring  benefits  equal  to  those 
eonfeiTed  by  this  act,  the  employer  shall  not  be  liable  under  this  act. 

Employees  of  state,  etc. 

(e)  It  shall  not  be  a  defense  to  the  state,  or  any  political  subdivision  or  institution 
thereof,  or  public  or  quasi-public  corporation,  that  a  person  injured  while  rendering 
service  for  it  was  not  lawfully  employed  by  reason  of  the  violation  of  any  civil  service 
or  other  law,  I'ule,  or  regulation  respecting  the  hiring  of  eniijloyees. 


I 


1549  MASTER  AND   SERVANT.  Act  2781,  §  9 

Workmen  under  partnership  agreement. 

(f)  Workmen  associating  themselves  under  a  partnership  agreement,  the  principal 
purpose  of  which  is  the  performance  of  the  labor  on  a  particular  piece  of  work,  shall 
be  deemed  employees  of  the  person  having  such  work  executed,  and,  in  the  event  the 
average  weekly  earnings  are  not  otherwise  ascertainable,  shall  be  deemed  to  be  em- 
ployed at  an  average  weekly  wage  of  twelve  dollars;  provided,  however,  that  if  such 
workmen  shall  have  taken  out  and  maintained  in  full  force  and  effect  insurance,  in  an 
insurance  carrier  as  defined  in  this  act,  insuring  to  themselves  and  all  persons  employed 
bj'  them  benefits  identical  with  those  conferred  by  this  act,  the  person  for  whom  such 
work  is  to  be  done  sball  not  be  liable  as  an  employer  under  this  act. 

$  9.  Where  liability  for  compensation  under  this  act  exists,  such  compensation  shall 
be  furnished  or  paid  by  the  employer  and  be  as  provided  in  the  following  schedule: 

Change  of  physicians.    Employer  maintaining  hospital  staff. 

(a)  Such  medical,  surgical  and  hospital  treatment,  including  nursing,  medicines, 
medical  and  surgical  supjilies,  crutches  and  apparatus,  including  artificial  members,  as 
may  reasonably  be  required  to  cure  and  relieve  from  the  effects  of  the  injury,  the  same 
to  be  provided  by  the  employer,  and  in  case  of  his  neglect  or  refusal  seasonably  to  do  so, 
the  emploj^er  to  be  liable  for  the  reasonable  expense  incurred  by  or  on  behalf  of  the 
employee  in  providing  the  same;  provided,  that  if  the  employee  so  requests,  the 
employer  shall  tender  him  one  change  of  physicians  and  shall  nominate  at  least 
three  additional  practicing  physicians  competent  to  treat  the  particular  case,  or 
as  many  as  may  be  available  if  three  can  not  reasonably  be  named,  from  whom 
the  employee  may  choose;  the  employee  shall  also  be  entitled,  in  any  serious 
case,  upon  request,  to  the  services  of  a  consulting  phj'sician  to  be  provided  by 
the  employer;  all  of  said  treatment  to  be  at  the  expense  of  the  employer.  If  the 
employee  so  requests,  the  employer  must  procure  certification  by  the  commission  or  a 
commissioner  of  the  competency  for  the  i^articular  case  of  the  consulting  or  additional 
physicians;  provided,  further,  that  the  foregoing  provisions  regarding  a  change  of 
physicians  shall  not  apply  to  those  cases  where  the  employer  maintains,  for  his  own 
employees,  a  hospital  and  hospital  staff,  the  adequacy  and  competency  of  which  have 
been  approved  by  the  commission.  Nothing  contained  in  this  section  shall  be  con- 
strued to  limit  the  right  of  the  employee  to  provide,  in  any  ease,  at  his  own  exi^ense,  a 
consulting  physician  or  any  attending  physicians  whom  he  may  desire.  Controversies 
between  employer  and  employee,  arising  under  this  section,  shall  be  determined  by  the 
commission,  upon  the  request  of  either  party. 

Time  of  disability  pajmients. 

(b)  If  the  injurj'  causes  temporary  disability,  a  disability  payment  which  shall  be 
payable  for  one  week  in  advance  as  wages  on  the  eighth  day  after  the  injured  employee 
leaves  work  as  a  result  of  the  injury.  If  the  injury  causes  permanent  disability,  a  dis- 
ability payment  which  shall  be  paj'able  for  one  week  in  advance  as  wages  on  the  eighth 
day  after  the  injury.  Such  indemnity  shall  thereafter  be  payable  on  the  employer's 
regular  pay  day,  but  not  less  frequently  than  twice  in  each  calendar  month,  unless 
otherwise  ordered  by  the  commission,  subject,  however,  to  the  following  limitations: 

Disability  less  than  7  days. 

(1)  If  the  period  of  disability  does  not  last  longer  than  seven  days  from  the  day  the 
employee  leaves  work  as  the  result  of  the  injury,  no  disability  payment  whatever  shall 
be  recoverable. 


Act  2781  GENERAL   LAWS.  lo5« 

Disability  more  than  7  days. 

(2)  If  the  period  of  disability  lasts  longer  than  seven  days  from  the  day  the  employee 
leaves  work  as  the  result  of  the  injury,  no  disability  payment  shall  be  recoverable  for 
the  fiist  seven  days  of  disability  suffered. 

Amount  of  disability  payments. 

2.  The  disability  payment  shall  be  as  follows: 

(1)  If  the  injury  causes  temporary  total  disability,  sixty-five  per  cent  of  the  average 
weekly  earnings  during  the  period  of  such  disability,  consideration  being  given  to  the 
ability  of  the  injured  employee  to  compete  in  an  open  labor  market; 

(2)  If  the  injury  causes  temporary  partial  disability,  sixty-five  per  cent  of  the 
weekly  loss  in  wages  during  the  period  of  such  disability ; 

(3)  If  the  temporai-y  disability  caused  by  the  injury  is  at  times  total  and  at  times 
partial  the  weekly  disability  payment  during  the  period  of  each  such  total  or  partial 
disability  shall  be  in  accordance  with  paragraphs  one  and  two  of  this  subdivision 
respectively ; 

Aggregate  disability  payments. 

(4)  Paragraphs  one,  two,  and  three  of  this  subdivision  shall  be  limited  as  follows: 
Aggregate  disability  payments  for  a  single  injury  causing  temporary  disability  shall 
not  exceed  three  times  the  average  annual  earnings  of  the  employee,  nor  shall  the 
aggregate  disability  period  for  such  temporary  disability  in  any  event  extend  beyond 
two  hundred  forty  weeks  from  the  date  of  the  injury. 

Computation  of  payments  when  disability  permanent. 

(5)  If  the  injury  causes  permanent  disability,  the  percentage  of  disability  to  total 
disability  shall  be  determined  and  the  disability  payment  computed  and  allowed  as 
follows:  For  a  one  per  cent  disability,  sixty-five  per  cent  of  the  average  weekly  earn- 
ings for  a  period  of  four  weeks;  for  a  ten  per  cent  disability,  sixty-five  per  cent  of  the 
average  weekly  earnings  for  a  period  of  forty  weeks;  for  a  twenty  per  cent  disability, 
sixty-five  per  cent  of  the  average  weekly  earnings  for  a  period  of  eighty  weeks;  for  a 
thirty  per  cent  disability,  sixty-five  per  cent  of  the  average  weekly  earnings  for  a  period 
of  one  hundred  twenty  weeks;  for  a  forty  per  cent  disability,  sixty-five  per  cent  of  the 
average  weekly  earnings  for  a  period  of  one  hundred  sixty  weeks;  for  a  fifty  per  cent 
disability,  sixty-five  per  cent  of  the  average  weekly  earnings  for  a  period  of  two  hun- 
dred weeks;  for  a  sixty  per  cent  disability,  sixty-five  per  cent  of  the  average  weekl\ 
earnings  for  a  period  of  two  hundred  forty  weeks;  for  a  seventy  per  cent  disability, 
sixty-five  per  cent  of  the  average  weekly  earnings  for  a  period  of  two  hundred  forty 
weeks,  and  thereafter  ten  per  cent  of  such  weekly  earnings  during  the  remainder  of 
life;  for  an  eighty  per  cent  disability,  sixty-five  per  cent  of  the  average  weekly  earnings 
for  a  period  of  two  hundred  forty  weeks  and  thereafter  twenty  per  cent  of  such  weekly 
earnings  during  the  remainder  of  life;  for  a  ninety  per  cent  disability,  sixty-five  per 
cent  of  the  average  weekly  earnings  for  a  period  of  two  hundred  forty  weeks  and  there- 
after thirty  per  cent  of  such  weekly  earnings  during  the  remainder  of  life;  for  a 
hundred  per  cent  disability,  sixty-five  per  cent  of  the  average  weekly  earnings  for  a 
period  of  two  hundred  forty  weeks  and  thereafter  forty  per  cent  of  such  weekly  earn- 
ings during  the  remainder  of  life. 

(6)  The  payment  for  permanent  disabilities  intermediate  to  those  fixed  by  the  fore- 
going schedule  shall  be  computed  and  allowed  as  follows:  If  under  seventy  per  cent, 
sixty-five  per  cent  of  the  average  weekly  earnings  for  four  weeks  for  each  one  per 
cent  of  disability ;  if  seventy  per  cent  or  over,  sixty-five  per  cent  of  the  average  weekly 
earnings  for  two  hundred  forty  weeks  and  thereafter  one  per  cent  of  such  weekly  earn- 


1531  MASTER  AND   SERVANT.  Act  2781 

ings  for  each  one  per  cent  of  disability  in  excess  of  sixty  per  cent  to  be  paid  during  the 
remainder  of  life. 

(7)  In  determining  the  percentages  of  permanent  disability,  account  shall  be  taken 
of  the  nature  of  the  physical  injury  or  disfigurement,  the  occupation  of  the  injured 
employee,  and  his  age  at  the  time  of  such  injury,  consideration  being  given  to  the 
diminished  ability  of  such  injured  employee  to  compete  in  an  open  labor  market. 

Only  one  payment. 

(8)  Where  an  injury  causes  both  temporary  and  permanent  disability,  the  injured 
employee  shall  not  be  entitled  to  both  a  temporary  and  permanent  disability  payment, 
but  only  to  the  greater  of  the  two. 

Permanent  disabilities  presumed  to  be  total. 

(9)  The  following  permanent  disabilities  shall  be  conclusively  presiuned  to  be  total 
in  character:  Loss  of  both  eyes  or  the  sight  thereof;  loss  of  both  hands  or  the  use 
thereof;  an  injury  resulting  in  a  practically  total  paralysis;  an  injury  to  the  brain 
resulting  in  incurable  imbecility  or  insanity.  In  all  other  cases,  permanent  total  dis- 
ability shall  be  determined  in  accordance  with  the  fact. 

(10)  The  percentage  of  permanent  disability  caused  by  any  injury  shall  be  so  com- 
puted as  to  cover  the  permanent  disability  caused  by  that  particular  injury  without 
reference  to  any  injury  previously  suffered  or  any  permanent  disability  caused  thereby. 

Schedule  for  determination  of  permanent  disabilities. 

(11)  The  commission  may  prepare,  adopt,  and  from  time  to  time  amend,  a  schedule 
for  the  determination  of  the  percentages  of  permanent  disabilities,  such  table  to  be 
based  upon  the  proper  combinations  of  the  factors  indicated  in  subdivision  seven  above. 
Such  schedule  shall  be  available  for  public  inspection  and  without  formal  introduction 
in  evidence  shall  be  prima  facie  evidence  of  the  percentage  of  permanent  disability  to 
be  attributed  to  each  injury  covered  by  said  schedule. 

3.  The  death  of  an  injured  employee  shall  not  affect  the  liability  of  the  employer 
under  subsections  (a)  and  (b)  of  this  section,  so  far  as  such  liability  has  accrued  and 
become  payable  at  the  date  of  the  death,  and  any  accrued  and  unpaid  compensation 
shall  be  paid  to  the  dependents,  if  any,  or,  if  there  are  no  dependents,  to  the  personal 
representative  of  the  deceased  employee  or  heirs  or  other  persons  entitled  thereto, 
without  administration,  but  such  death  shall  be  deemed  to  be  the  termination  of  the 
disability. 

Death  benefits. 

(c)  If  the  injury  causes  death,  either  with  or  without  disability,  the  burial  expense 
of  the  deceased  employee  as  hereinafter  limited  and  a  death  benefit  which  shall  be  pay- 
able in  installments  equal  to  sixty-five  per  cent  of  the  average  weekly  earnings  of  the 
deceased  employee,  upon  the  employer's  regular  pay  day,  but  not  less  frequently  than 
twice  in  each  calendar  month,  unless  otherwise  ordered  by  the  commission,  which 
death  benefit  shall  be  as  follows: 

If  deceased  employee  leaves  dependents. 

(1)  In  case  the  deceased  employee  leaves  a  person  or  persons  wholly  dependent 
upon  him  for  support,  such  dependents  shall  be  allowed  the  reasonable  expense  of  his 
burial,  not  exceeding  one  hundred  dollars,  and  a  death  benefit,  which  shall  be  a  sum 
sufficient,  when  added  to  the  disability  indemnity  which  at  the  time  of  death  has 
accrued  and  become  payable,  under  the  provisions  of  subsection  (b)  hereof,  and  the 
said  burial  expense,  to  make  the  total  disability  indemnity,  cost  of  burial  and  death 
benefit  equal  to  three  times  his  average  annual  earnings,  such  average  annual  earnings 


Act  2781,  §§  10,  11  GENERAL   LAWS.  1552 

to  be  taken  at  not  less  than  three  hundred  thirty-three  dollars,  and  thirty-three  cents 
nor  more  than  one  thousand  six  hundred  sixty-six  dollars  and  sixty-six  cents. 

If  employee  leaves  persons  partially  dependent. 

(2)  In  case  the  deceased  employee  leaves  no  person  wholly  dependent  upon  him  for 
support,  but  one  or  more  persons  partially  dependent  therefor,  the  said  dependents  shall 
be  allowed  the  reasonable  expense  of  his  burial,  not  to  exceed  one  hundred  dollars,  and, 
in  addition  thereto,  a  death  benefit  which  shall  amount  to  three  times  the  annual  amount 
devoted  by  the  deceased  to  the  support  of  the  person  or  persons  so  partially  dependent; 
provided,  that  the  death  benefit  shall  not  be  greater  than  a  sum  sufficient,  when  added 
to  the  disability  indemnity  which,  at  the  time  of  the  death,  has  accrued  and  become 
payable  under  the  provisions  of  subsection  (b)  hereof,  together  with  the  cost  of  the 
burial  of  such  deceased  employee,  to  make  the  total  disability  indemnity,  cost  of  burial 
and  death  benefit  equal  to  three  times  his  average  annual  earnings,  such  average  annual 
earnings  to  be  taken  at  not  less  than  three  hundred  thirty-three  dollars  and  thirty- 
three  cents  nor  more  than  one  thousand  six  hundred  sixty-six  dollars  and  sixty-six  cents. 

If  no  dependents. 

(3)  If  the  deceased  employee  leaves  no  person  dependent  upon  him  for  support,  the 
death  benefit  shall  consist  of  the  reasonable  expense  of  his  burial,  not  exceeding  one 
hundred  dollars  and  such  other  benefit  as  may  be  provided  by  law. 

(d)  Payment  of  compensation  in  accordance  with  the  order  and  direction  of  the 
commission  shall  discharge  the  employer  from  all  claims  therefor.  [Amendment  of 
May  22,  1919.    In  effect  July  22,  1919.     Stats.  1919,  pp.  913-917.] 

Inspection  of  hospital  facilities.    Reports  of  receipts,  etc.     Facilities  declared  inade- 
quate. 

^  10.  The  commission  shall  have  power  to  inspect  and  determine  the  adequacy  of 
hospitals  and  hospital  facilities  supplied  by  employers  or  by  mutual  associations  of 
employees,  with  or  without  the  concurrence  of  the  employer,  for  the  treatment  of 
injuries  coming  within  the  provisions  of  this  act.  No  part  of  any  contribution  paid 
by  employees  or  deducted  from  their  wages  for  the  maintenance  of  such  hospital  facili- 
ties sbal]  be  devoted  to  the  payment  of  any  portion  of  the  cost  of  providing  compensa- 
tion prescribed  by  this  act.  Nothing  contained  in  this  section  shall  be  taken  to  prevent 
any  hospital  association  or  medical  department  furnishing  the  treatment  prescribed 
in  this  act  free  of  charge  to  employees.  Every  such  hospital  shall  make  to  the  com- 
mission from  time  to  time,  upon  demand,  but  not  less  frequently  than  once  a  year, 
reports  of  receipts,  disbursements  and  services  rendered  to  or  for  employees.  If  in  the 
judgment  of  the  commission  the  services  or  equipment  of  any  hospital  are  inadequate 
to  meet  the  reasonable  requirements  of  medical  treatment  contemplated  in  section  nine 
(a)  of  this  act,  the  commission  may,  after  notice  and  an  opportunity  to  be  heard, 
declare  such  facilities  to  be  inadequate  and  thereafter  injured  employees  of  such  em- 
ployer may  procure  treatment  elsewhere,  and  the  reasonable  cost  thereof  shall  be  a 
charge  against  such  employer  under  said  section  nine  (a).  Any  finding  of  the  commis- 
sion, after  such  notice,  determining  the  fact  of  such  inadequacy,  shall  be  conclusive 
evidence  in  any  proceeding  for  compensation  of  the  fact  of  such  inadequacy  during  the 
pei'iod  covered  by  such  finding.  Such  finding  of  inadequacy  may  be  amended,  modified 
or  rescinded  by  the  commission  at  any  time  upon  good  cause  appearing  therefor. 

Right  to  institute  proceedings  barred  when.     Periods  within  which  proceedings  for 
collection  may  be  commenced. 

$  11.  (a)  Unless  compensation  is  paid  or  an  agreement  for  its  payment  made  within 
the  time  limited  in  this  section  for  the  inslitution  of  proceedings  for  its  collection,  the 
right  to  institute  such  proceedings  shall  bo  barred;  provided,  that  the  filing  of  an  appli- 


1553  MASTER  AND   SERVANT.  Act  27S1 

cation  with  the  commission  for  any  portion  of  the  benefits  prescribed  by  this  act  shall 
render  this  section  inoperative  as  to  all  further  claims  of  any  person  or  persons  for 
compensation  arising  from  the  same  transaction,  and  the  right  to  present  such  further 
claims  shall  be  governed  by  the  provisions  of  section  twenty  (d)  and  section  sixty-five 
(b)  of  this  act. 

(b)  The  periods  within  which  proceedings  for  the  collection  of  compensation  may 
be  commenced  are  as  follows: 

(1)  Proceedings  for  the  collection  of  the  benefit  provided  by  subsection  (a)  of  sec- 
tion nine  or  for  the  collection  of  the  disability  payment  provided  by  subsection  (b)  of 
said  section  nine  must  be  commenced  within  six  months  from  the  date  of  the  injury, 
except  as  otherwise  provided  in  this  act. 

(2)  Proceedings  for  the  collection  of  the  death  benefit  provided  by  subsection  (c) 
of  said  section  nine  must  be  commenced  within  one  year  from  the  date  of  death,  and 
in  any  event  within  two  hundred  fortj'  weeks  from  the  date  of  the  injury,  and  can 
only  be  maintained  when  it  appears  that  death  ensued  within  one  year  from  the  date 
of  the  injury,  or  that  the  injury  causing  death  also  caused  disability  which  continued 
to  the  date  of  the  death  and  for  which  a  disability  payment  was  made,  or  an  agreement 
for  its  payment  made,  or  proceedings  for  its  collection  commenced  within  the  time 
limited  for  the  commencement  of  proceedings  for  the  recovery  of  the  disability  pay- 
ment. 

(e)  The  payment  of  compensation,  or  any  part  thereof,  or  agreement  therefor,  shall 
have  the  effect  of  extending  the  period  within  which  proceedings  for  its  collection  may 
be  commenced,  six  months  from  the  date  of  the  agreement  or  last  payment  of  such 
compensation,  or  any  part  thereof,  or  the  expiration  of  the  period  covered  by  any  such 
payment;  provided,  however,  that  nothing  contained  in  this  section  shall  be  construed 
to  bar  the  right  of  any  injured  employee  to  institute  proceedings  for  the  collection  of 
compensation  within  two  hundred  forty-five  weeks  after  the  date  of  the  injury  upon 
the  grounds  that  the  original  injury  has  caused  new  and  further  disability;  and  the 
jurisdiction  of  the  commission,  in  such  cases,  shall  be  a  continuing  jurisdiction  at  all 
times  with  such  period;  provided,  further,  that  the  provisions  of  this  section  shall  not 
apply  to  an  employee  who  is  totally  disabled  and  bedridden  as  a  result  of  his  injury, 
during  the  continuance  of  such  condition  or  until  the  expiration  of  six  months  there- 
after. 

Guardian  for  minor  or  incompetent. 

(d)  If  an  injured  employee,  or  in  the  case  of  his  death,  one  or  more  of  his  dependents, 
shall  be  under  twenty-one  years  of  age  or  incompetent  at  any  time  when  any  right  or 
privilege  accrues  to  such  person  under  the  provisions  of  this  act,  a  general  guardian, 
appointed  by  the  court,  or  a  guardian  ad  litem  or  trustee  appointed  by  the  commission 
or  a  commissioner  may,  on  behalf  of  any  such  person,  claim  and  exercise  any  such 
right  or  privilege  with  the  same  force  and  effect  as  if  no  such  disability  existed;  and 
no  limitation  of  time  provided  by  this  act  shall  run  against  any  such  person  under 
twenty-one  years  of  age  or  incompetent  unless  and  until  such  guardian  or  trustee  is 
appointed.  The  commission  shall  have  power  to  determine  the  fact  of  the  minority  or 
incompetency  of  any  injured  employee  and  may  appoint  a  trustee  to  receive  and  dis- 
burse compensation  payments  for  the  benefit  of  such  minor  or  incompetent  and  his 
family. 

Refusal  to  submit  to  medical  treatment. 

(e)  No  compensation  shall  be  payable  in  case  of  the  death  or  disability  of  an 
employee  if  his  death  is  caused,  or  if  and  so  far  as  his  disability  is  caused,  continued, 
or  aggravated,  by  an  unreasonable  refusal  to  submit  to  medical  treatment,  or  to  any 

Gen.  Laws— 98 


Act  2781,  e  12  GENERAL   LAWS.  1554 

surgical  treatment,  the  risk  of  which  is,  in  the  opinion  of  the  commission,  based  upon 
expert  medical  or  surgical  advice,  inconsiderable  in  view  of  the  seriousness  of  the 
injur}'. 

Previous  disability  does  not  affect  later  disability. 

(f )  Tlie  fact  that  an  employee  has  suffered  a  previous  disability,  or  receives  com- 
pensation therefor,  shall  not  preclude  him  from  compensation  for  a  later  injury,  or  his 
dependents  from  compensation  for  death  resulting  therefrom,  but  in  determining  com- 
pensation for  the  later  injui-y,  or  death  resulting  therefrom,  his  average  annual  earn- 
ings shall  be  fixed  at  such  sum  as  will  reasonably  represent  his  annual  earning  capacity 
at  the  time  of  the  later  injury. 

Pasrments  not  due  employee. 

(g)  Any  payment,  allowance  or  benefit  received  by  the  injured  employee  during  the 
period  of  his  incapacity,  or  by  his  dependents  in  the  event  of  his  death,  which  by  the 
terms  of  this  act  was  not  then  due  and  payable  or  when  there  is  any  dispute  or  question 
concerning  the  right  to  compensation,  shall  not,  in  the  absence  of  any  agreement,  be 
construed  to  be  an  admission  of  liability  for  compensation  on  the  part  of  the  employer, 
or  the  acceptance  thereof  as  a  waiver  of  any  right  or  claim  which  the  employee  or  his 
dependents  may  have  against  the  employer,  but  any  such  payment,  allowance  or  benefit 
may  be  taken  into  account  by  the  commission  in  fixing  the  amount  of  the  compensation 
to  be  paid. 

Affirmative  defense. 

(h)  The  running  of  the  period  of  limitations  prescribed  by  this  section  is  an  aflBrma- 
tive  defense  and  operates  to  bar  the  remedy  and  not  to  extinguish  the  right  of  the 
employee.  It  may  be  waived,  and  failure  to  present  such  defense  prior  to  the  submis- 
sion of  the  cause  for  decision  shall  be  a  sufficient  waiver. 

Average  annual  earnings. 

§  12.  (a)  The  average  annual  earnings  referred  to  in  section  nine  hereof  shall  be 
fifty-two  times  the  average  weekly  earnings  referred  to  in  said  section;  in  computing 
such  earnings  the  average  weekly  earnings  shall  be  taken  at  not  less  than  six  dollars 
and  forty-one  cents  nor  more  than  thirty-two  dollars  and  five  cents,  and  three  times  the 
average  annual  earnings  shall  be  taken  at  not  less  than  one  thousand  dollars  nor  more 
than  five  thousand  dollars,  and  between  said  limits  said  average  weekly  earnings  shall 
be  arrived  at  as  follows : 

Average  weekly  earnings. 

(1)  If  the  injured  employee  has  worked  in  the  same  employment,  whether  for  the 
same  employer  or  not,  during  at  least  two  hundred  sixty  days  of  the  year  preceding  his 
injurj',  his  average  weekly  earnings  shall  consist  of  ninety-five  per  cent  of  six  times 
the  daily  earnings  at  the  time  of  such  injury  where  the  employment  is  for  six  full  work- 
ing days  a  week.  Where  his  employment  is  for  five,  five  and  one-half,  six  and  one-half 
or  seven  working  days  a  week,  the  average  weekly  earnings  shall  be  ninety-five  per  cent 
of  five,  five  and  one-half,  six  and  one-half  or  seven  times  the  daily  earnings  at  the  time 
of  the  injury,  as  the  case  may  be. 

(2)  If  the  injured  employee  has  not  so  worked  in  such  employment  during  at  least 
two  hundred  sixty  days  of  such  preceding  year,  his  average  weekly  earnings  shall  be 
based  upon  the  daily  earnings,  wage  or  salary  of  an  employee  of  the  same  class  work- 
ing at  least  two  hundred  sixty  days  of  such  preceding  year  in  the  same  or  a  similar 
kind  of  employment  in  the  same  or  a  neighboring  place,  computed  in  accordance  with 
the  provisions  of  the  preceding  subdivision. 


1555  MASTER  AND   SERVANT.  Act  2781,  »§  13,  14 

(3)  If  the  earnings  be  irregular  or  specified  to  be  by  the  week,  month,  or  other  period, 
then  the  average  weekly  earnings  mentioned  in  subdivisions  (1)  and  (2)  above  shall  be 
ninety-five  per  cent  of  the  average  earnings  during  such  period  of  time,  not  exceeding 
one  year,  as  may  conveniently  be  taken  to  determine  an  average  weekly  rate  of  pay. 

When  less  than  5  days,  or  seasonal. 

(4)  Where  the  employment  is  for  less  than  five  days  per  week  or  is  seasonal  or  where 
for  any  reason  the  foregoing  methods  of  arriving  at  the  average  weekly  earnings  of  the 
injured  employee  can  not  reasonably  and  fairly  be  applied,  such  average  weekly  earn- 
ings shall  be  taken  at  ninety-five  per  cent  of  such  sum  as  shall  reasonably  represent  the 
average  weekly  earning  capacity  of  the  injured  employee  at  the  time  of  his  injury,  due 
consideration  being  given  to  his  actual  earnings  from  all  sources  and  employments 
during  the  year  preceding  his  injury;  provided,  that  the  earnings  from  other  occupa- 
tions shall  not  be  allowed  in  excess  of  the  rate  of  wages  paid  at  the  time  of  the  injury. 

Overtime,  hoard,  etc. 

(b)  In  determining  such  average  weekly  earnings,  there  shall  be  included  overtime 
and  the  market  value  of  board,  lodging,  fuel,  and  other  advantages  received  by  the 
injured  employee,  as  part  of  his  remuneration,  which  can  be  estimated  in  money,  but 
such  average  weekly  earnings  shall  not  include  any  sum  which  the  employer  may  pay 
to  the  injured  employee  to  cover  any  special  expenses  entailed  on  him  by  the  nature  of 
his  employment. 

If  injured  employee  is  under  21. 

(c)  If  the  injured  employee  is  under  twenty-one  years  of  age,  and  his  incapacity  is 
permanent,  his  average  weekly  earnings  shall  be  deemed,  within  the  limits  fixed,  to  be 
the  weekly  sum  that  under  ordinary  circumstances  he  would  probably  be  able  to  earn 
after  attaining  the  age  of  twenty-one  years,  in  the  occupation  in  which  he  was  em- 
ployed at  the  time  of  the  injury  or  in  any  occupation  to  which  he  would  reasonably 
have  been  promoted  if  he  had  not  been  injured,  and  if  such  probable  earnings  after 
attaining  the  age  of  twenty-one  years  can  not  reasonably  be  determined,  such  average 
weekly  earnings  shall  be  based  upon  three  dollars  a  day  for  a  six-day  week. 

Weekly  loss  in  wages  in  case  of  temporary  partial  disability. 

§  13.  The  weekly  loss  in  wages  in  case  of  temporary  partial  disability  shall  consist 
of  the  difference  between  the  average  weekly  earnings  of  the  injured  employee,  com- 
puted according  to  the  provisions  of  section  nine,  and  the  weekly  amount  which  the 
injured  employee  will  probably  be  able  to  earn  during  the  disability,  to  be  determined 
in  view  of  the  nature  and  extent  of  the  injury.  In  computing  such  probable  earnings 
due  regard  shall  be  given  to  the  ability  of  the  injured  employee  to  compete  in  an  open 
labor  market.  If  evidence  of  exact  loss  of  earnings  be  lacking,  such  weekly  loss  in 
wages  may  be  computed  from  the  proportionate  loss  of  physical  ability  or  earning 
power  caused  by  the  injury. 

Who  are  deemed  wholly  dependent. 

^  14.  (a)  The  following  shall  be  conclusively  presumed  to  be  wholly  dependent  for 
support  upon  a  deceased  emploj^ee;  provided,  that  these  presumptions  shall  not  apply 
in  favor  of  aliens  who  are  nonresidents  of  the  United  States  at  the  time  of  the  injury. 

(1)  A  wife  upon  a  husband  with  whom  she  was  living  at  the  time  of  his  injury,  or 
for  whose  support  such  husband  was  legally  liable  at  the  time  of  his  injury. 

(2)  A  child  or  children  under  the  age  of  eighteen  years,  or  over  said  age,  but  physi- 
cally or  mentally  incapacitated  from  earning,  upon  the  parent  with  whom  he  or  they 
are  living  at  the  time  of  the  injury  of  such  parent  or  for  whose  maintenance  such  parent 
was  legally  liable  at  the  time  of  injury,  there  being  no  surviving  dependent  parent. 


Act  2781,  §15  GE^NBRAL  LAWS.  1556 

(b)  In  all  other  cases,  questions  of  entire  or  partial  dependency  and  questions  as  to 
■ffho  constitute  dependents  and  the  extent  of  their  dependency  shall  be  detennined  in 
accordance  with  the  fact,  as  the  fact  may  be  at  the  time  of  the  injury  of  the  employee. 

(e)  No  person  shall  be  considered  a  dependent  of  any  deceased  employee  unless  in 
good  faith  a  member  of  the  family  or  household  of  such  employee,  or  unless  such  per- 
son bears  to  such  employee  the  relation  of  husband  or  wife,  child,  posthumous  child, 
adopted  child  or  stepchild,  father  or  mother,  father-in-law  or  mother-in-law,  grand- 
father or  gi-andmother,  brother  or  sister,  uncle  or  aunt,  brother-in-law  or  sister-ia-law, 
nephew  or  niece. 

Distribution  of  death  benefit. 

(d)  1.  If  there  is  one  or  more  persons  wholly  dependent  for  support  upon  a  deceased 
employee,  such  person  or  persons  shall  receive  the  entire  death  benefit,  and  any  person 
or  persons  partially  dependent  shall  receive  no  part  thereof. 

2.  If  there  is  more  than  one  such  person  wholly  dependent  for  support  upon  a 
deceased  employee,  the  death  benefit  shall  be  divided  equally  among  them. 

.3.  If  there  is  more  than  one  person  partially  dependent  for  support  upon  a  deceased 
employee,  and  no  person  wholly  de^oendent  for  support,  the  amount  allowed  as  a  death 
benefit  shall  be  divided  among  the  persons  so  partially  dependent  in  proportion  to  the 
relative  extent  of  their  dependency. 

Commission  may  reassign  death  benefit. 

(e)  The  commission  may,  anything  in  this  act  contained  to  the  contrary  notwith- 
standing, set  apart  or  reassign  the  death  benefit  to  any  one  or  more  of  the  dependents 
in  accordance  with  their  respective  needs  and  as  may  be  just  and  equitable,  and  may 
order  payment  to  a  dependent  subsequent  in  right,  or  not  otherwise  entitled,  upon  good 
cause  being  shown  therefor.  Such  death  benefit  shall  be  paid  to  such  one  or  more  of 
the  dependents  of  the  deceased  or  to  a  trustee  appointed  by  the  commission  or  a  com- 
missioner for  the  benefit  of  the  person  or  persons  entitled,  as  may  be  determined  by 
the  commission.  The  person  to  whom  the  death  benefit  is  paid  for  the  use  of  the 
several  beneficiaries  shall  apply  the  same  in  compliance  with  the  findings  and  directions 
of  the  commission.  In  the  event  of  the  death  of  a  dependent  beneficiary  of  any  deceased 
employee,  if  there  be  no  surviving  dependent,  the  death  of  such  dependent  shall  ter- 
minate the  death  benefit,  which  shall  not  sundve  to  the  estate  of  such  deceased  depend- 
ent, except  that  payments  of  such  death  benefit  accrued  and  payable  at  the  time  of  the 
death  of  such  sole  remaining  dependent  shall  be  paid  upon  the  order  of  the  commission 
to  the  heirs  of  such  dependent,  or,  if  none,  to  the  heirs  of  the  deceased  employee,  with- 
out administration.  [Amendment  of  May  22,  1919.  In  effect  July  22,  1919.  Stats. 
1919,  p.  917.] 

Notice  to  employer. 

§  15.  No  claim  to  recover  compensation  under  this  act  shall  be  maintained  unless 
within  thirty  days  after  the  occurrence  of  the  injury  which  is  claimed  to  have  caused 
the  disability  or  death,  notice  in  writing,  stating  the  name  and  the  address  of  the  per- 
son injured,  the  time  and  the  place  where  the  injury  occurred,  and  the  nature  of  the 
injury,  and  signed  by  the  person  injured  or  some  one  in  his  behalf,  or  in  case  of  his 
death,  by  a  dependent  or  some  one  in  his  behalf,  shall  be  served  upon  the  em^Dloyer; 
provided,  however,  that  knowledge  of  such  injury,  obtained  from  any  source,  on  the 
part  of  such  employer,  his  managing  agent,  superintendent,  foreman,  or  other  person  in 
authority,  or  knowledge  of  the  assertion  of  a  claim  of  injury  sufficient  to  afford  oppor- 
tunity to  the  employer  to  make  an  investigation  into  the  facts,  shall  be  equivalent  to 
such  service;  and  provided,  further,  that  the  failure  to  give  any  such  notice,  or  any 
defect  or  inaccuracy  therein,  shall  not  be  a  bar  to  recovery  under  this  act  if  it  is  found 


ISr.r  MASTER  AXD   SERVANT.  Act  aXSl.  g§  16.  17 

as  a  fact  in  the  proceedings  for  the  collection  of  the  claim  that  there  was  no  intention 
to  mislead  or  prejudice  the  employer  in  making  his  defense,  and  that  he  was  not  in  fact 
so  misled  or  prejudiced  thereby. 

Medical  examination  of  employee. 

§  16.  (a)  Whenever  the  right  to  compensation  under  this  act  would  exist  in  favor  of 
any  employee,  he  shall,  upon  the  written  request  of  his  employer,  submit  from  time  to 
time,  as  may  be  reasonable,  to  examination  by  a  practicing  physician,  who  shall  be  pro- 
vided and  paid  for  by  the  employer,  and  shall  likewise  submit  to  examination  from  time 
to  time  by  any  physician  selected  by  the  commission  or  any  member  or  referee  thereof. 

If  employee  refuses  to  submit  to  examination. 

(b)  The  request  or  order  for  such  examination  shall  fix  a  time  and  place  therefor, 
due  consideration  being  g^ven  to  the  convenience  of  the  employee  and  his  physical  con- 
dition and  ability  to  attend  at  the  time  and  place  fixed.  The  employee  shall  be  entitled 
to  have  a  physician  provided  and  paid  for  by  himself  present  at  any  examination 
required  by  his  employer.  So  long  as  the  employee,  after  such  written  request  of  the 
employer,  shall  fail  or  refuse  to  submit  to  such  examination  or  shall  in  any  way  ob- 
struct the  same,  his  right  to  begin  or  maintain  any  proceeding  for  the  collection  of 
compensation  shall  be  suspended;  and  if  he  shall  fail  or  refuse  to  submit  to  examination 
after  direction  by  the  commission,  or  any  member  or  referee  thereof,  or  shall  in  any 
way  obstruct  the  same,  his  right  to  the  disability  payments  which  shall  accrue  during 
the  period  of  such  failure,  refusal  or  obstruction,  shall  be  barred.  Any  physician  who 
shall  make  or  be  present  at  any  such  examination  may  be  required  to  report  or  testify 
as  to  the  results  thereof. 

Hearing  on  disputes.    Service  of  notice. 

§  17,  (a)  Upon  the  filing  with  the  commission  by  any  party  in  interest,  his  attorney, 
or  other  representative  authorized  in  writing,  of  an  application  in  writing  stating  the 
general  nature  of  any  dispute  or  controversy  concerning  compensation,  or  concerning 
any  right  or  liability  arising  out  of,  or  incidental  thereto,  jurisdiction  over  which  is 
vested  by  this  act  in  the  commission,  a  time  and  place  shall  be  fixed  for  the  hearing 
thereof,  which  hearing,  unless  otherwise  agreed  to  by  all  the  parties  thereto,  must  be 
held  not  less  than  ten  days  nor  more  than  thirty  days  after  the  filing  of  such  applica- 
tion. The  person  filing  such  application  shall  be  known  as  the  applicant  and  the  adverse 
party  shall  be  known  as  the  defendant.  A  copy  of  said  application,  together  with  a 
notice  of  the  time  and  place  of  hearing  thereof,  shall  forthwith  be  served  upon  all 
adverse  parties  and  may  be  served  either  as  a  summons  in  a  civil  action  or  in  the  same 
manner  as  any  other  notice  that  is  authorized  or  required  to  be  served  under  the  pro- 
visions of  this  act.  A  notice  of  the  time  and  place  of  hearing  shall  also  be  served  upon 
the  applicant. 

Jurisdiction  of  commission. 

(b)  The  jurisdiction  of  the  commission  shall  include  any  controversy  relating  to  or 
arising  out  of  the  provisions  of  sub-section  (a)  of  section  nine  of  this  act,  unless  an 
express  agreement  shall  have  been  made  between  the  persons  or  institutions  rendering 
such  treatment  and  the  employer  or  insurance  carrier  fixing  the  amount  to  be  paid  for 
the  services. 

But  one  cause  of  action. 

(c)  There  shall  be  but  one  cause  of  action  for  each  transaction  coming  within  the 
provisions  of  this  act,  and  all  claims  brought  for  medical  expense,  disability  payments, 
death  benefits,  burial  expense,  liens  or  any  other  matter  arising  out  of  such  transaction 
may,  in  the  discretion  of  the  commission,  be  joined  in  the  same  proceeding  at  any  time. 


Act  2781,  §  18  GENERAL   LAWS.  1558 

Death  of  employer. 

(d)  The  death  of  an  employer  subsequent  to  the  sustaining  of  an  injury  by  an  em- 
ployee shall  not  impair  the  right  of  such  employee  to  proceed  before  the  commission 
against  the  estate  of  such  employer,  and  the  failure  of  such  employee  or  his  dependents 
to  cause  the  claim  to  be  presented  to  the  executor  or  administrator  of  the  estate  shall 
not  in  any  way  bar  or  suspend  such  right.  [Amendment  of  May  22,  1919.  In  effect 
July  22,  1919. '  Stats.  1919,  p.  918.] 

Defendant's  answer. 

^  18.  (a)  If  any  defendant  desires  to  disclaim  any  interest  in  the  subject-matter  of 
the  claim  in  controversy,  or  considers  that  the  application  is  in  any  respect  inaccurate 
or  incomplete,  or  desires  to  bring  any  fact,  paper  or  document  to  the  attention  of  the 
commission  as  a  defense  to  the  claim,  or  otherwise,  he  may,  within  five  days  after  the 
service  of  the  application  upon  him,  file  with  or  mail  to  the  commission  his  answer 
setting  forth  the  particulars  in  which  the  application  is  inaccurate  or  incomplete,  and 
the  facts  upon  which  he  intends  to  rely.  A  copy  of  such  answer  must  be  forthwith 
served  upon  all  adverse  parties.  Evidence  upon  matters  not  pleaded  by  answer  shall 
be  allowed  only  upon  such  terms  and  conditions  as  may  be  imposed  by  the  commission 
or  commissioner  or  referee  holding  the  hearing. 

Application  for  relief. 

(b)  If  the  defendant  fails  to  appear  or  answer,  no  default  shall  be  taken  against  him, 
but  the  commission  shall  proceed  to  the  hearing  of  the  matter  upon  such  terms  and 
conditions  as  it  may  deem  proper.  Such  defendant  failing  to  appear  or  answer,  or  sub- 
sequently contending  that  no  service  was  made  upon  him,  or  claiming  to  be  aggrieved 
in  any  other  manner  by  want  of  notice  of  the  pendency  of  the  proceedings,  may  apply 
to  the  commission  for  relief  substantially  in  accordance  with  the  provisions  of  section 
four  hundred  seventy-three  of  the  Code  of  Civil  Procedure,  and  the  commission  is 
hereby  authorized  to  afford  such  relief.  No  right  to  relief,  including  the  claim  that  the 
findings  and  award  of  the  commission  or  judgment  entered  thereon  are  void  upon  their 
face,  shall  accrue  to  such  defendant  in  any  court  unless  prior  application  shall  have 
been  made  to  the  commission  in  accordance  with  this  subsection,  and  in  no  event  shall 
any  application  to  any  court  be  allowed  except  as  prescribed  in  sections  sixty-seven 
and  sixty-eight  of  this  act. 

Dismissal  of  application. 

(c)  If  upon  the  filing  of  an  application,  such  application  shows  upon  its  face  that 
the  applicant  is  not  entitled  to  compensation,  the  commission  may,  upon  its  own  motion 
or  upon  the  motion  of  the  adverse  party,  and  after  opportunity  to  the  applicant  to  be 
heard  orally  or  in  writing,  and  upon  good  cause  appearing  therefor,  dismiss  the  appli- 
cation prior  to  any  hearing  thereon.  The  pendency  of  such  motion  or  notice  of  intended 
dismissal  shall  not,  unless  otherwise  ordered  by  the  commission,  delay  the  hearing  upon 
the  application  upon  its  merits. 

Attachment  of  defendant's  property. 

(d)  Upon  the  filing  of  an  application  by  or  on  behalf  of  an  injured  employee  or  his 
dependents  or  any  other  party  in  interest,  the  commission  may,  in  its  discretion,  in  the 
cases  mentioned  in  section  four  hundred  twelve  of  the  Code  of  Civil  Procedure,  direct 
the  county  clerk  of  any  county  or  city  and  county  to  issue  writs  of  attachment  author- 
izing the  sheriff  to  attach  the  property  of  the  defendant  in  an  amount  not  to  exceed 
the  greatest  probable  award  against  him  in  such  matter,  to  be  fixed  by  the  commission, 
as  security  for  the  payment  of  any  compensation  which  may  thereafter  be  awarded, 
The  provisions  of  part  two,  title  seven,  chapter  four,  of  the  Code  of  Civil  Procedure  of 


I 


ir.59  MASTER    AND   SERVANT.  Act  2781,  §  19 

'his  state,  as  far  as  applicable  to  proceedings  before  the  commission,  shall  govern  the 
jnoceedings  upon  attachment,  and  the  commission  shall  be  substituted  for  the  superior 
court  in  said  provisions  for  the  purpose  of  this  act.  No  writ  of  attachment  shall  be 
issued  except  upon  the  order  of  the  commission  or  a  commissioner,  and  such  order  shall 
not  be  made  where  it  a])pears  from  the  application  or  affidavit  in  support  thereof  that 
the  employer  was,  at  the  time  of  the  injury  to  the  emploj^ee,  insured  against  liability 
imposed  by  this  act  in  any  insurance  carrier  licensed  to  do  business  in  the  state  of 
Califoraia.  If  it  should  at  any  time  after  the  levying  of  an  attachment  be  made 
to  appear  that  such  employer  was  so  insured,  and  the  requisites  for  dismissing  said 
employer  from  the  proceeding  and  substituting  the  insurance  carrier  as  defendant 
under  any  of  the  methods  prescribed  under  section  thirty  (e)  of  this  act  be  established, 
the  commission  must  forthwith  discharge  the  attachment.  In  levying  such  attachment, 
preference  must  be  given  to  the  real  property  of  the  employer. 

Testimony. 

§  19.  (a)  No  pleadings,  other  than  the  application  and  answer,  shall  be  required. 
The  hearing  on  the  application  may  be  adjourned  from  time  to  time  and  from  place  to 
place  in  the  discretion  of  the  commission  or  commissioner  or  referee  holding  such  hear- 
ing. Either  party  shall  have  the  right  to  be  present  at  any  hearing,  in  person  or  by 
attorney  or  by  any  other  agent,  and  to  present  such  testimony  as  shall  be  pertinent 
under  the  pleadings,  but  the  commission  may,  with  or  without  notice  to  either  party, 
cause  testimony  to  be  taken,  or  inspection  of  the  premises  where  the  injury  occurred 
to  be  made,  or  the  time-books  and  pay  roll  of  the  employer  to  be  examined  by  any  com- 
missioner or  referee  appointed  by  the  commission,  and  may  from  time  to  time  direct 
any  employee  claiming  compensation  to  bfe  examined  by  a  regular  physician;  the  testi- 
mony so  taken  and  the  results  of  any  such  inspection  or  examination  to  be  reported  to 
the  commission  for  its  consideration. 

Stipulation  of  facts. 

(b)  The  parties  to  a  controversy  may  stipulate  the  facts  relative  thereto  in  writing 
and  file  such  stipulation  with  the  commission.  The  commission  may  thereupon  make 
its  findings  and  award  based  upon  such  stipulation,  or  may  in  its  discretion  set  the 
matter  down  for  hearing  and  take  such  further  testimony  or  make  such  further  investi- 
gations as  may  be  necessary  to  enable  it  to  completely  determine  the  matter  in 
controversy. 

Evidence. 

(c)  The  commission  may  receive  as  evidence,  either  at  or  subsequent  to  a  hearing, 
and  use  as  proof  of  any  fact  in  dispute,  the  following  matters,  in  addition  to  sworn 
testimony  presented  in  open  hearing. 

(1)  Reports  of  attending  or  examining  physicians. 

(2)  Reports  of  special  investigators  appointed  by  the  commission  or  a  commissioner 
or  referee  to  investigate  and  report  upon  any  scientific  or  medical  question. 

(3)  Reports  of  employers  containing  copies  of  time  sheets,  book  accounts,  reports 
and  other  records,  properly  authenticated. 

(4)  Properly  authenticated  copies  of  hospital  records  of  the  case  of  the  injured 
employee. 

(5)  All  publications  of  the  commission. 

(6)  All  official  publications  of  state  and  United  States  governments. 

(7)  Excerpts  from  expert  testimony'  received  by  the  commission  upon  similar  issues 
of  scientific  fact  in  other  cases  and  the  prior  decisions  of  the  commission  upon  such 
issues;  provided,  however,  that  transcripts  of  all  testimony  taken  without  notice  and 


Act  -'7M.  8-0 


GE^NE^RAL   LAWS.  l^^" 


copies  of  all  reports  and  other  matters  added  to  the  record,  otherwise  than  during  the 
coui-se  of  an  open  hearing,  be  served  upon  the  jiarties  to  the  proceeding,  and  oppor- 
tunity be  given  to  produce  testimony  in  explanation  or  rebuttal  before  decision  is 
rendered. 

Affirmative  defenses. 

(d)  The  burden  of  proof  lies  upon  the  party  holding  the  affirmative  of  the  issue. 
The  following  are  alhrmative  defenses,  and  tlie  burden  of  proof  shall  rest  upon  the 
employer  to  establish  them : 

(1)  That  an  injured  person  claiming  to  be  an  employee  is  an  independent  contractor 
or  otherwise  excluded  from  the  protection  of  this  act,  where  there  is  proof  that  such 
injured  person  was  at  the  time  of  his  injury  actually  performing  service  for  the  alleged 
employer. 

(2)  Intoxication  of  an  employee  causing  his  injury. 

(3)  Wilful  misconduct  of  an  employee  causing  his  injury. 

(4)  Aggravation  of  disability  by  unreasonable  conduct  of  the  employee. 

(5)  Prejudice  to  the  employer  by  failure  of  the  employee  to  give  notice,  as  required 
by  section  fifteen. 

Autopsy. 

(e)  Where  it  is  represented  to  the  commission,  either  before  or  after  the  filing  of  an 
application  that  an  employee  has  died  as  a  result  of  injuries  sustained  in  the  course  of 
his  employment,  the  commission  may  require  an  autopsy  and  the  report  of  the  physician 
performing  such  autopsy  may  be  received  in  evidence  in  any  proceedings  theretofore  or 
thereafter  brought.  If  at  the  time  such  autopsy  is  requested  the  body  of  such  employee 
be  in  the  custody  of  the  coroner,  the  coroner  must,  upon  the  request  of  the  commission 
or  of  any  party  interested,  afford  reasonable  opportunity  for  the  attendance  of  any 
])hysicians  named  by  the  commission  at  any  autopsy  ordered  by  him.  If  the  coroner 
should  not  require,  or  shall  have  already  performed  such  autopsy,  he  shall  permit  an 
autopsy  or  re-examination  to  be  performed  by  physicians  named  by  the  commission. 
No  fee  shall  be  charged  by  the  coroner  for  any  service,  arrangement  or  permission  given 
by  him. 

If  the  body  is  not  in  the  custody  of  the  coroner,  the  commission  shall  have  authority 
to  authorize  the  performance  of  sueh  autopsy  and  the  exhumation  of  the  body  for  such 
purpose  if  necessary.  If  the  dependents,  or  a  majority  thereof,  of  any  sueh  deceased 
employee,  having  the  custody  of  the  body  of  such  deceased  employee,  shall  refuse  to 
allow  the  performance  of  such  autopsy,  such  autopsy  shall  not  be  held;  but  upon  the 
liearing  of  any  stipulation  for  compensation  it  shall  be  a  disputable  presumption  that 
the  injury  or  death  was  not  due  to  causes  entitling  the  claimants  to  benefits  under  this 

MCt. 

Findings  and  award, 

^20.  (a)  After  final  hearing  by  the  commission,  it  shall,  witliin  thirty  days,  make 
and  file  (1)  its  findings  upon  all  facts  involved  in  the  controversy  and  (2)  its  award 
which  shall  state  its  determination  as  to  the  rights  of  the  parties. 

(b)  The  commission  in  its  award  may  fix  and  determine  the  total  amount  of  compen- 
sation to  be  paid  and  specify  the  manner  of  payment,  or  may  fix  and  determine  the 
weekly  disability  payment  to  be  made  and  order  payment  thereof  during  the  contin- 
uance of  such  disability. 

(c)  If,  in  any  proceeding  under  sections  six  to  thirty-one,  inclusive,  of  this  act,  it  is 
;)roved  that  an  injury  has  been  suffered  for  which  the  employer  would  be  liable  to  pay 
.compensation  if  disability  had  resulted  therefrom,  but  it  is  not  proved  that  any  inca- 


1561  MASTER   AXD   SERVANT.  Act  2781,  g§  21.  22 

pacity  had  resulted,  the  commission  may,  instead  of  dismissing  the  application,  award 
a  nominal  disability  indemnity,  if  it  appears  that  disability  is  likely  to  result  at  a 
future  time. 

Amending  orders,  etc. 

(d)  The  commission  shall  have  continuing  jurisdiction  over  all  its  orders,  decisions 
and  awards  made  and  entered  under  the  provisions  of  sections  six  to  thirty-one,  inclu- 
sive, of  this  act  and  may  at  any  time,  upon  notice,  and  after  opportunity  to  be  heard 
is  given  to  the  parties  in  interest,  rescind,  alter  or  amend  any  such  order,  decision  or 
award  made  by  it  upon  good  cause  a^Dpearing  therefor,  such  power  including  the  right 
to  review,  grant  or  regrant,  diminish,  increase  or  terminate,  within  the  limits  pre- 
scribed by  this  act,  any  compensation  awarded,  upon  the  grounds  that  the  disability  of 
the  person  in  whose  favor  such  award  was  made  has  either  recurred,  increased,  dimin- 
ished or  terminated;  provided,  that  no  award  of  compensation  shall  be  rescinded, 
altei'ed  or  amended  aft;er  two  hundred  forty-five  weeks  from  the  date  of  the  injury. 
Any  order,  decision  or  award  rescinding,  altering  or  amending  a  prior  order,  decision 
or  award  shall  have  the  same  effect  as  is  herein  provided  for  original  orders,  decisions 
or  awards. 

Findings  filed  in  superior  court. 

§  21.  (a)  Any  party  affected  thereby  may  file  a  certified  copy  of  the  findings  and 
award  of  the  commission  with  the  clerk  of  the  superior  court  of  any  county,  or  city 
and  county,  and  judgment  must  be  entered  by  the  clerk  in  conformity  therewith  imme- 
diately upon  the  filing  of  such  findings  and  award. 

Judgment  roll. 

(b)  The  certified  copy  of  the  findings  and  award  of  the  commission  and  a  cojjy  of 
the  judgment  shall  constitute  the  judgment  roll.  The  pleadings,  all  orders  of  the  com- 
mission, its  original  findings  and  award,  and  all  other  papers  and  documents  filed  in  the 
cause  shall  remain  on  file  in  the  office  of  the  commission. 

Stay  of  execution. 

(c)  The  commission,  or  any  member  thereof,  may  stay  the  execution  of  any  judg- 
ment entered  upon  an  award  of  the  commission,  upon  good  cause  appearing  therefor 
and  upon  such  terms  and  conditions  as  may  be  imposed.  A  certified  copy  of  such  order 
shall  be  filed  with  the  clerk  entering  judgment.  Where  it  is  deemed  desirable  to  stay 
the  enforcement  of  an  award  and  a  certified  copy  of  said  findings  and  award  has  not 
been  issued  by  the  commission,  the  commission,  or  any  member  thereof,  may  order  such 
certified  copy  to  be  withheld  with  the  same  force  and  under  the  same  conditions  as  it 
might  issue  a  stay  of  execution  if  said  certified  copy  had  been  issued  and  judgment 
entered  thereon. 

Entry  of  satisfaction. 

(d)  When  a  judgment  is  satisfied  in  fact,  otherwise  than  upon  an  execution,  the 
commission  may,  upon  motion  of  either  party  or  of  its  own  motion,  order  the  entry  of 
satisfaction  of  the  judgment  to  be  made,  and  upon  filing  a  certified  copy  of'  such  order 
with  the  said  clerk,  he  shall  thereupon  enter  such  satisfaction,  and  not  otherwise. 

Review  of  findings,  etc. 

§  22.  The  orders,  findings,  decisions  or  awards  of  the  commission  made  and  entered 
under  sections  six  to  thirty-one,  inclusive,  of  this  act  may  be  reviewed  by  the  courts 
specified  in  sections  sixty-seven  and  sixty-eight  hereof  and  within  the  time  and  in  the 
manner  therein  specified  and  not  otherwise. 


Act  2781.  §§23. 24  GENERAL   LAWS.  15C3 

Fees.    Costs. 

§  23.  No  fees  shall  be  charged  by  the  clerk  of  any  court  for  the  performance  of  any 
oflieial  service  required  by  this  act,  except  for  the  docketing  of  awards  as  judgments 
and  for  certified  copies  of  transcripts  thereof.  In  all  proceedings  under  this  act  before 
the  commission,  costs  as  between  the  parties  shall  be  allowed  or  not  in  the  discretion  of 
the  commission  and  the  commission  may,  in  its  discretion,  where  payments  of  com- 
pensation have  been  unreasonably  delayed,  allow  the  beneficiary  thereof  interest 
thereon,  at  not  to  exceed  one  and  one-half  per  cent  per  month,  during  such  period  of 
delay. 

Claim  not  assignable. 

^  24.  (a)  No  claim  for  compensation  shall  be  assignable  before  payment,  but  this 
jirovision  shall  hot  affect  the  survival  thereof,  nor  shall  any  claim  for  compensation,  or 
compensation  awarded,  adjudged  or  paid,  be  subject  to  be  taken  for  the  debts  of  the 
party  entitled  to  such  compensation,  except  as  hereinafter  provided.  No  compensation, 
whether  awarded  or  voluntarily  paid,  shall  be  paid  to  any  attorney  at  law  or  in  fact 
or  other  agent,  but  shall  be  paid  directly  to  the  claimant  entitled  to  the  same,  unless 
otherwise  ordered  by  the  commission.  Any  payment  made  to  such  attorney  at  law  or 
in  fact  or  other  agent  in  violation  of  the  provisions  of  this  section  shall  not  be  credited 
to  the  employer. 

Lien  against  amount  due  as  compensation. 

(b)  The  commission  may  fix  and  determine  and  allow  as  a  lien  against  any  amount  to 
be  paid  as  compensation: 

(1)  A  reasonable  attorney's  fee  for  legal  services  pertaining  to  any  claim  for  com- 
pensation or  application  filed  therefor  and  the  reasonable  disbursements  in  connection 
therewith. 

(2)  The  reasonable  expense  incurred  by  or  on  behalf  of  the  injured  employee,  as 
defined  in  subsection  (a)  of  section  nine  hereof. 

(3)  The  reasonable  value  of  the  living  expenses  of  an  injured  employee  or  of  his 
dependents,  subsequent  to  the  injury. 

(4)  The  reasonable  burial  expenses  of  the  deceased  employee,  not  to  exceed  the  sum 
of  one  hundred  dollars. 

(5)  The  reasonable  living  expenses  of  the  wife  or  minor  children  of  the  injured 
employee,  or  both,  subsequent  to  the  date  of  the  injury,  where  such  employee  has 
deserted  or  is  neglecting  his  family,  to  be  allowed  in  such  proportion  as  the  commission 
shall  deem  proper,  upon  application  of  the  wife  or  guardian  of  the  minor  children. 

Notice  of  claim.    Award  by  commission. 

(c)  If  notice  in  writing  be  given  to  the  employer  setting  forth  the  nature  and  extent 
of  any  claim  that  may  be  allowed  as  a  lien,  the  said  claim  shall  be  a  lien  against  any 
amount  thereafter  to  be  paid  as  compensation,  subject  to  the  determination  of  the 
amount  and  approval  thereof  by  the  commission.  The  commission  may,  in  its  discretion, 
order  the  amount  of  such  claims  as  fixed  and  allowed  by  it  paid  directly  to  the  person 
entitled,  either  in  a  lump  sum  or  in  installments.  Where  it  appears  in  any  proceeding 
pending  before  the  commission  that  a  lien  should  be  allowed  if  the  same  had  been  duly 
requested  by  the  party  entitled  thereto,  the  commission  may,  in  its  discretion,  and  with- 
out any  request  for  such  lien  having  been  made,  order  the  payment  of  such  claim  to  be 
made  directly  to  the  person  entitled,  in  the  same  manner  and  with  the  same  effect  as 
though  such  lien  had  been  regularly  requested,  and  the  award  to  such  person  shall  con- 
stitute a  lien  against  unpaid  compensation  due  at  the  time  of  service  of  said  award. 


i 


1563  MASTER  AXD   SERVxVNT.  Act  3781,  §  25 

Excessive  claim  for  legal  services. 

(d)  No  claim  or  agreement  for  the  legal  services  or  disbursements  mentioned  in  para- 
graph (1)  of  subsection  (b)  hereof,  or  for  the  expense  mentioned  in  paragraph  (2)  of 
said  subsection  (b),  in  excess  of  a  reasonable  amount,  shall  be  valid  or  binding  in  any 
respect,  and  it  shall  be  competent  for  the  commission  to  determine  what  constitutes 
such  reasonable  amount. 

Preference  of  claim  for  compensation. 

(e)  A  claim  for  compensation  for  the  injury  or  death  of  any  employee,  or  any  award 
of  judgment  entered  therein,  shall  have  preference  over  all  other  unsecured  debts  of 
the  employer  or  insurance  carrier.  [Amendment  of  May  22,  1919.  In  effect  July  22, 
1919.    Stats.  1919,  p.  919.] 

Liability  of  principal  employers  and  contractors. 

§  25.  The  liability  of  principal  employers  and  contracting  employers,  general  or 
intermediate,  for  compensation  under  this  act,  when  other  than  the  immediate  employer 
of  the  injured  employee,  shall  be  as  follows: 

(a)  When  any  such  employer  undertakes  to  do,  or  contracts  with  another  to  do,  or 
to  have  done,  any  work,  either  directly  or  through  contractors  or  subcontractors,  then 
such  principal  employer  or  contracting  employer  shall  be  liable  to  pay  to  any  employee 
injured  while  engaged  in  the  execution  of  such  work,  or  to  his  dependents  in  the  event 
of  his  death,  or  to  any  other  person,  any  compensation  which  the  immediate  employer 
is  liable  to  pay,  and  the  commission  shall  have  jurisdiction  to  determine  all  controversies 
arising  under  this  section. 

(b)  The  person  entitled  to  such  compensation  shall  have  the  right  to  recover  the  same 
directly  from  his  immediate  employer,  and  in  addition  thereto  the  right  to  enforce  in 
his  own  name,  in  the  manner  provided  by  this  act,  the  liability  for  compensation  im- 
posed upon  other  persons  by  this  section,  either  by  making  such  other  persons  parties 
to  the  original  application  or  by  filing  a  separate  application;  provided,  however,  that 
payment  in  whole  or  in  part  of  sucli  compensation  by  either  the  immediate  employer  or 
other  person  shall,  to  the  extent  of  such  payment,  be  a  bar  to  recovery  against  the  other. 

(c)  When  any  person,  other  than  the  immediate  employer,  shall  have  paid  any  com- 
pensation for  wliich  he  would  not  have  been  liable  independently  of  this  section,  he 
shall,  unless  he  caused  the  injury,  be  entitled  to  recover  the  full  amount  so  paid  from 
the  person  primarily  liable  therefor,  and  jurisdiction  to  determine  his  claim  shall  be 
vested  in  the  commission;  provided,  that  such  right  of  reimbursement  against  the  per- 
son primarily  liable  for  compensation  shall  not  exist  in  favor  of  any  insurance  carrier 
insuring  such  other  persons  upon  whom  liability  is  imposed  by  this  section,  in  any  case 
where  the  immediate  employer  shall  have  joined  with  any  of  such  other  persons  in 
taking  out  such  policy  of  insurance  or  shall  have  contributed  to  the  payment  of  the 
premium  for  such  insurance,  with  the  intent  of  securing  joint  protection  thereby,  any- 
thing in  the  policy  to  the  contrary  notwithstanding. 

Limitations  on  liability. 

(d)  The  liability  imposed  by  this  section  shall  be  subject  to  the  following  limitations: 

(1)  Such  liability  shall  exist  only  in  cases  where  the  injviry  occurred  on  or  in  or 
about  the  premises  on  which  the  principal  emplo3'er  or  contracting  employer,  whether 
general  or  intennediate,  has  undertaken  to  execute  or  to  have  executed  any  work,  or 
when  such  premises  or  work  are  otherwise  under  his  control  or  management, 

(2)  Such  liability  shall  not  exist  in  the  event  that  the  immediate  employer,  or  other 
person  primarily  liable  for  the  compensation  shall,  previous  to  the  suffering  of  such 
injury,  have  taken  out,  and  maintained  in  full  force  and  effect,  compensation  insurance 
with  any  insurance  carrier,  covering  his  full  liability  for  compensation. 


Act  ::7S I.  88  20.27  GENERAL.   LAWS.  ir.G4 

(3)  The  commission  may,  in  its  discretion,  order  that  execution  against  such  prin- 
cipal employer  or  contracting  employer  be  stayed  until  execution  against  the  immediate 
employer  shall  be  returned  unsatisfied. 

(e)  The  findings  and  award  of  this  commission  entered  against  the  immediate  em- 
ployer shall  be  conclusive  for  or  against  all  persons  upon  whom  liability  is  imposed  by 
this  section  as  to  tlie  fact  and  extent  of  liabilitj'  of  such  immediate  employer. 

"Employee."     Suits  for  damages  from  person  other  than  employer.    If   employee 

joins  in  suit. 

^  26.  The  term  "employee,"  as  used  in  this  section  shall  include  the  person  injured 
and  any  other  person  in  whom  a  claim  may  arise  by  reason  of  the  injury  or  death  of 
such  injured  person.  The  death  of  the  employee,  or  of  any  other  person,  shall  not  abate 
any  right  of  action  established  by  this  section.  The  claim  of  an  employee  for  compen- 
sation shall  not  affect  his  right  of  action  for  damages  arising  out  of  injury  or  death 
against  any  person  other  than  the  employer;  and  any  employer  having  paid,  or  having 
become  obligated  to  paj',  compensation,  may  likewise  bring  an  action  against  such  other 
person  to  recover  said  damages.  If  either  such  emjiloyee  or  such  employer  shall  bring 
such  action  against  such  third  person,  he  shall  forthwith  notify  the  other  in  writing,  by 
personal  service  or  registered  mail,  of  such  fact  and  of  the  name  of  the  court  in  which 
such  suit  is  brought,  filing  proof  thereof  in  such  action,  and,  if  the  action  be  brought 
by  either,  the  other  may,  at  any  time  before  trial  on  the  facts,  join  as  party  plaintiff 
or  must  consolidate  his  action,  if  brought  independently.  If  the  suit  be  prosecuted  by 
the  employer  alone  evidence  of  any  expenditures  which  the  employer  has  paid  or  become 
obligated  to  pay  by  reason  of  said  injury  or  death  shall  be  admissible,  and  such  expend- 
itures shall  be  deemed  a  part  of  the  damages,  including  a  reasonable  attorney's  fee  to 
be  fixed  by  the  court;  and  if  in  such  suit  the  employer  shall  recover  more  than  the 
amount  he  has  paid  or  become  obligated  to  pay  as  compensation  he  shall  pay  the  excess 
to  the  injured  employee  or  other  person  entitled.  If  the  employee  joins  in  or  prose- 
cutes such  suit,  evidence  of  the  amount  of  disability  indemnity  or  death  benefit  paid  by 
the  employer  shall  not  be  admissible,  but  proof  of  all  other  expenditures  on  account  of 
said  injury  or  death  shall  be  admissible  and  shall  be  deemed  part  of  the  damages.  The 
court  shall,  on  application,  allow  as  a  first  lien  against  any  judgment  recovered  by  the 
employee  the  amount  of  the  employer's  expenditures  for  compensation.  When  any 
injury  or  death  shall  have  been  suffered  by  an  employee,  no  release  or  settlement  of 
any  claim  for  damages  by  reason  of  such  injury  or  death  and  no  satisfaction  of  judg- 
ment in  such  proceedings,  shall  be  valid  without  the  written  consent  of  either  both 
employer  and  employee,  or  one  of  them,  together  with  the  consent  of  the  eonrnission 
or  the  court  in  which  any  such  action  may  be  pending.  [Amendment  of  May  22,  1919. 
In  effect  July  22,  1919.     Stats.  1919,  p.  920.] 

Right  to  compromise. 

^  27,  (a)  No  contract,  rule  or  regulation  shall  exempt  the  employer  from  liability 
for  the  compensation  fixed  by  this  act,  but  nothing  in  this  act  contained  shall  be  con- 
strued as  impairing  the  right  of  the  parties  interested  to  compromise,  subject  to  the 
provisions  herein  contained,  any  liability  which  may  be  claimed  to  exist  under  this  act 
on  account  of  such  injury  or  death,  or  as  conferring  upon  the  dependents  of  any 
injured  employee  any  interest  which  such  employee  may  not  divert  by  such  compromise 
or  for  which  he,  or  his  estate,  shall,  in  the  event  of  such  compromise  by  him,  be  account- 
able to  such  dependents  or  any  of  them. 

Valid  release  or  compromise  agreement. 

(b)  Tlie  compensation  herein  provided  shall  be  the  measure  of  the  responsibility 
vrhich  the  emjiloyer  has  assumed  for  injuries  or  death  that  may  occur  to  employees  in 


1565  MASTER    VXD   SERVANT.  Act  2781,  §  28 

his  employment  when  subject  to  the  provisions  of  this  act,  and  no  release  of  liability 
or  compromise  agreement  shall  be  valid  unless  it  provide  for  the  payment  of  full  com- 
pensation in  accordance  with  the  provisions  of  this  act  or  unless  it  shall  be  approved  by 
the  commission. 

Award  based  on  release  or  compromise  agreement. 

(c)  A  copy  of  such  release  or  compromise  agreement  signed  by  both  parties  shall 
forthwith  be  filed  with  the  commission.  When  such  release  or  compromise  agreement 
is  filed  with  the  commission  and  approved  by  it,  the  commission  may  of  its  own  motion, 
or  on  the  application  of  either  party,  without  notice,  enter  its  award  based  upon  such 
release  or  compromise  agreement. 

Contents  of  release  or  compromise  agreement. 

(d)  Everj^  such  release  or  compromise  agreement  shall  be  in  writing,  duly  executed 
and  attested  by  two  disinterested  witnesses,  and  shall  specify  the  date  of  the  accident, 
the  average  weekly  wages  of  the  employee,  determined  according  to  section  twelve 
hereof,  the  nature  of  the  disability,  whether  total  or  partial,  permanent  or  temporary, 
the  amount  paid  or  due  and  unpaid  to  the  employee  up  to  the  date  of  the  release  or 
agreement  or  death,  as  the  case  ma}'  be,  and,  if  any,  the  amount  of  the  payment  or 
benefits  then  or  thereafter  to  be  made,  and  the  length  of  time  that  such  payment  is  to 
continue.  In  case  of  death  there  shall  also  be  stated  in  such  release  or  compromise 
agreement  the  date  of  death,  the  name  of  the  widow,  if  any,  the  names  and  ages  of  all 
children,  if  any,  and  the  names  of  all  other  dependents,  if  any,  and  whether  such 
dependents  be  total  or  partial,  and  the  amount  paid  or  to  be  paid  as  a  death  benefit  and 
to  whom  such  payment  is  to  be  made. 

Compensation  payable  in  lump  sum. 

§  28.  (a)  At  the  time  of  making  its  award,  or  at  any  time  thereafter,  the  commission 
on  its  own  motion,  either  with  or  without  notice,  or  upon  application  of  either  party 
with  due  notice  to  the  other,  may,  in  its  discretion,  commute  the  compensation  payable 
under  this  act  to  a  lump  sum,  if  it  appears  that  such  commutation  is  necessai-y  for  the 
protection  of  the  person  entitled  thereto,  or  for  the  best  interest  of  either  party,  or 
that  it  will  avoid  undue  expense  or  hardship  to  either  party,  or  that  the  employer  has 
sold  or  otherwise  disposed  of  the  greater  part  of  his  assets,  or  is  about  to  do  so,  or  that 
the  employer  is  not  a  resident  of  this  state,  and  the  commission  may  order  such  com- 
pensation paid  forthwith  or  at  some  future  time. 

Determination  of  amount  of  commuted  payment. 

(b)  The  amount  of  the  commuted  payment  shall  be  determined  in  accordance  with 
the  following  provisions : 

(1)  If  the  injury  causes  temporary  disability,  the  commission  shall  estimate  the 
probable  duration  thereof  and  the  probable  amount  of  the  temporary  disability  pay- 
ments therefor,  in  accordance  with  the  provisions  of  section  nine  hereof,  and  shall  fix 
the  lump  sum  payment  at  such  amount  so  determined. 

(2)  If  the  injury  causes  permanent  disability  or  death,  the  commission  shall  fix  the 
total  amount  of  the  permanent  disability  payment  or  death  benefit  payable  therefor  in 
accordance  with  the  provisions  of  said  section  nine,  and  shall  estimate  the  present 
value  thereof,  assuming  interest  at  the  rate  of  six  per  cent  per  annum,  disregarding  the 
probability  of  the  beneficiary's  death  in  all  cases  except  where  the  percentage  of  per- 
manent disability  is  such  as  to  entitle  the  beneficiary  to  a  life  pension,  and  then  taking 
into  consideration  the  probability  of  the  beneficiary's  death  only  in  estimating  the  pres- 
ent value  of  such  life  pension. 


Act  2781,  §  20 


GEINKRAL.   LAWS. 


1506 


Manner  of  making  lump  sum  payment. 

(c)  The  commission  in  its  discretion  may  order  the  lump  sura  payment,  determined 
as  hereinbefore  provided,  paid  directly  to  the  injured  employer  or  his  dependents,  or 
deposited  with  any  savings  bank  or  trust  company  authorized  to  transact  business  in 
this  state,  that  will  agree  to  accept  the  same  as  a  deposit  bearing  interest,  or  the  com- 
mission may  order  the  same  deposited  with  the  state  compensation  insurance  fund. 
Any  such  amount  so  deposited,  together  with  all  interest  derived  therefrom,  shall  there- 
after be  held  in  trust  for  the  injured  employee,  or  in  the  event  of  his  death,  for  his 
dependents,  and  the  latter  shall  have  no  further  recourse  against  the  employer.  Pay- 
ments from  said  fund,  when  so  deposited,  shall  be  made  by  the  trustee  only  in  the  same 
amounts  and  at  the  same  time  as  fixed  by  order  of  the  commission  and  until  said  fund 
and  interest  thereon  shall  be  exhausted.  In  the  appointment  of  the  trustee  preference 
shall  be  given,  in  the  discretion  of  the  commission,  to  the  choice  of  the  injured  employee 
or  his  dependents.  Upon  the  making  of  such  payment,  the  employer  shall  present  to  the 
commission  a  proper  receipt  evidencing  the  same,  executed  either  by  the  injured  em- 
ployee or  his  dependents,  or  by  the  trustee,  and  the  commission  shall  thereupon  issue 
its  certificate  in  proper  form  evidencing  the  same,  and  such  certificate,  upon  filing  with 
the  clerk  of  the  superior  court  in  which  any  judgment  upon  an  award  may  have  been 
entered,  shall  operate  as  a  satisfaction  of  said  award  and  shall  fully  discharge  the 
employer  from  any  further  liability  on  account  thereof. 

Payments  from  state  compensation  insurance  fund. 

(d)  The  commission  may,  where  the  employer  is  uninsured  and  the  payments  of 
compensation  awarded  are  to  be  paid  for  a  considerable  time  in  the  future,  determine 
the  present  worth  of  said  future  payments,  discounted  at  the  rate  of  three  per  cent  per 
annum,  and  order  the  said  present  worth  paid  into  the  state  compensation  insurance 
fund,  which  fund  shall  thereafter  pay  to  the  beneficiaries  of  said  award  the  future  pay- 
ments as  they  become  due. 

Ways  of  securing  payment  of  compensation. 

§  29.  (a)  Every  employer  as  defined  in  section  seven  hereof,  except  the  state  and  all 
political  subdivisions  or  institutions  thereof,  shall  secure  the  payment  of  compensation 
in  one  or  more  of  the  following  ways : 

1.  By  insuring  and  keeping  insured  against  liability  to  pay  compensation  in  one  or 
more  insurance  carriers  duly  authorized  to  write  compensation  insurance  in  this  state. 

2.  By  securing  from  the  commission  a  certificate  of  consent  to  self -insure,  which  may 
1)6  given  upon  his  furnishing  proof  satisfactory  to  the  commission  of  ability  to  carry 
his  own  insurance  and  pay  any  compensation  that  may  become  due  to  his  employees, 
the  commission  may,  in  its  discretion,  require  such  employer  to  deposit  with  the  state 
treasurer  a  bond  or  securities,  but  not  both  a  bond  and  securities,  approved  by  the  com- 
mission, in  an  amount  to  be  determined  by  the  commission.  Such  certificate  may  be 
revoked  at  any  time  for  good  cause  shown.  So  long  as  the  certificate  of  consent  to 
self-insure  has  not  been  revoked,  and  the  self-insurer  has  deposited  with  the  state 
treasurer  such  bond  or  securities,  the  self-insurer  shall  not  be  required  or  obliged  to 
pay  into  the  state  compensation  insurance  fund  any  sums  covering  liability  for  compen- 
sation, excepting  life  pensions;  but  shall  be  permitted,  and  such  permission  is  hereby 
given  the  self-insurer,  to  fully  administer  any  and  all  such  compensation  benefits 
assessed  against  the  said  insurer. 

Action  against  employer.    Right  to  attach  property. 

(b)  If  any  employer  shall  fail  so  to  secure  the  payment  of  compensation,  any  injured 
employee  or  his  dependents  maj-  proceed  against  such  emi^loyer  b}'  filing  an  application 


1567  BIASTE:R  AXD   servant.  Act  2781,  §30 

for  compensation  with  the  commission,  and,  in  addition  thereto,  such  injured  employee 
or  his  dependents  may  bring  an  action  at  law  against  such  employer  for  damages,  the 
same  as  if  this  act  did  not  apply,  and  shall  be  entitled  in  such  action  to  the  right  to 
attach  the  property  of  the  employer,  at  any  time  upon  or  after  the  institution  of  such 
action,  in  an  amount  to  be  fixed  by  the  court,  to  secure  the  payment  of  any  judgment 
which  may  ultimately  be  obtained.  Such  judgment  shall  include  a  reasonable  attorney's 
fee  to  be  fixed  by  the  court.  The  provisions  of  the  Code  of  Civil  Procedure,  except 
in  so  far  as  they  may  be  inconsistent  with  this  act,  shall  govern  the  issuance  of  and 
proceedings  upon  such  attachment ;  provided,  that  if  as  a  result  of  such  action  for  dam- 
ages a  judgment  is  obtained  against  such  employer  in  excess  of  the  compensation 
awarded  under  this  act,  the  compensation  awarded  by  the  commission,  if  paid,  or  if 
security  approved  by  the  court  be  given  for  its  payment,  shall  be  credited  upon  such 
judgment;  provided,  further,  that  in  such  action  it  shall  be  presumed  that  the  injury 
to  the  employee  was  a  direct  result  and  grew  out  of  the  negligence  of  the  employer,  and 
the  burden  of  proof  shall  rest  upon  the  employer  to  rebut  the  presumption  of  negligence. 
In  such  proceeding  it  shall  not  be  a  defense  to  the  employer  that  the  employee  may 
have  been  guilty  of  contributory  negligence,  or  assumed  the  risk  of  the  hazard  com- 
plained of,  or  that  the  injury  was  caused  by  the  negligence  of  a  fellow  servant.  No 
contract,  rule  or  regulation  shall  be  allowed  to  restore  to  the  employer  any  of  the  fore- 
going defenses.  [Amendment  of  May  22,  1919.  In  effect  July  22,  1919.  Stats.  1919, 
pp.  921,  922.] 

Right  of  employer  to  insure  in  mutual  companies,  etc. 

§  30.  (a)  Nothing  in  this  act  shall  affect  the  organization  of  any  mutual  or  other 
insurance  company,  or  any  existing  contract  for  insurance,  or  the  right  of  the  employer 
to  insure  in  mutual  or  other  companies,  in  whole  or  in  part,  against  liability  for  the 
compensation  provided  by  this  act;  or  to  provide  by  mutual  or  other  insurance,  or  by 
arrangement  with  his  employees,  or  otherwise,  for  the  payment  to  such  employees,  their 
families,  dependents  or  representatives,  of  sick,  accident  or  death  benefits,  in  addition 
to  the  compensation  provided  for  by  this  act;  or  the  right  of  the  employer  to  waive 
the  waiting  period  provided  for  herein  by  insurance  coverage;  provided,  however,  that 
it  shall  be  unlawful  for  any  emplo3'er  to  exact  or  receive  from  any  employee  any  con- 
tribution, or  make  or  take  any  deduction  from  the  earnings  of  any  employee,  either 
directly  or  indirectly,  to  cover  the  whole  or  any  part  of  the  cost  of  compensation  under 
this  act,  and  it  shall  be  a  misdemeanor  so  to  do. 

Liability  not  reduced  by  insurance,  etc. 

(b)  Liability  for  compensation  shall  not  be  reduced  or  affected  by  any  insurance, 
contribution,  or  other  benefit  whatsoever  due  to  or  received  by  the  person  entitled  to 
such  compensation,  except  as  otherwise  provided  by  this  act,  and  the  person  so  entitled 
shall,  irrespective  of  any  insurance  or  other  contract,  except  as  otherwise  provided  in 
this  act,  have  the  right  to  recover  such  compensation  directly  from  the  employer,  and 
in  addition  thereto,  the  right  to  enforce  in  his  own  name,  in  the  manner  provided  in 
this  act,  either  by  making  the  insurance  carrier  a  party  to  the  original  application  or 
by  filing  a  separate  application,  the  liability  of  any  insurance  carrier,  which  may,  in 
whole  or  in  part,  have  insured  against  liability  for  such  compensation;  provided,  how- 
ever, that  payment  in  whole  or  in  part  of  such  compensation  by  either  the  employer  or 
the  insurance  company  shall,  to  the  extent  thereof,  be  a  bar  to  recovery  against  the 
other  of  the  amount  so  paid ;  and  provided,  further,  that  as  between  the  employer  and 
the  insurance  company,  payment  by  either  directly  to  the  employee,  or  to  the  person 
entitled  to  compensation,  shall  be  subject  to  the  conditions  of  the  insurance  contract 
between  them. 


Act  3781  GENERAL.   LAWS.  156S 

Insurance  carrier  directly  lialile  to  employee. 

(c)  Every  contract  insuring  against  liability  for  compensation,  or  insurance  policy 
evidencing  the  same,  must  contain  a  clause  to  the  effect  that  the  insurance  carrier  shall 
be  directly  and  primarily  liable  to  the  employee  and,  in  the  event  of  his  death,  to  his 
dependents,  to  pay  the  compensation,  if  any,  for  which  the  employer  is  liable;  that,  as 
between  the  employee  and  the  insurance  carrier,  the  notice  to  or  knowledge  of  the 
occurrence  of  the  injury  on  the  part  of  the  employer  shall  be  deemed  notice  or  knowl- 
edge, as  the  case  may, be,  on  the  part  of  the  insurance  carrier;  that  jurisdiction  of  the 
employer  shall,  for  the  purpose  of  this  act,  be  jurisdiction  of  the  insurance  carrier; 
and  that  the  insurance  carrier  shall  in  all  things  be  bound  by  and  subject  to  the  orders, 
findings,  decisions  or  awards  rendered  against  the  employer  under  the  provisions  of 
this  act. 

Lien  of  employee  on  amount  owing  on  policy. 

(d)  Such  policy  must  also  provide  that  the  employee  shall  have  a  first  lien  upon  any 
amount  which  shall  become  owing  on  account  of  such  policy  to  the  employer  from  the 
insurance  carrier,  and  that  in  case  of  the  legal  incapacity  or  inability  of  the  employer 
to  receive  the  said  amount  and  pay  it  over  to  the  employee  or  his  dependents,  the  said 
insurance  carrier  may  and  shall  pay  the  same  directly  to  the  said  employee  or  his 
dependents,  thereby  discharging,  to  the  extent  of  such  payment,  the  obligations  of  the 
employer  to  the  employee;  and  such  policy  shall  not  contain  any  provisions  relieving 
the  insurance  carrier  from  payment  when  the  employer  becomes  insolvent  or  is  dis- 
charged in  bankruptcy,  or  otherwise,  during  the  period  that  the  policy  is  in  operation 
or  the  compensation  remains  owing.  Every  contract  insuring  against  liability  for 
compensation,  provided  by  this  act,  or  insurance  policy  evidencing  the  same  shall  be 
conclusively  presumed  to  contain  all  of  the  provisions  required  by  this  act. 

Employer  relieved  from  liability  by  insurance  carrier. 

(e)  (1)  If  the  employer  shall  be  insured  against  liability  for  compensation  with 
any  insurance  carrier,  and  if  after  the  suffering  of  any  injury  such  insurance  carrier 
shall  serve  or  cause  to  be  served  upon  any  person  claiming  compensation  against  such 
employer  a  notice  that  it  has  assumed  and  agreed  to  pay  the  compensation,  if  any,  for 
which  the  employer  is  liable,  and  shall  file  a  copy  of  such  notice  with  the  commission, 
such  employer  shall  thereupon  be  relieved  from  liability  for  compensation  to  such 
claimant  and  the  insurance  carrier  shall,  without  notice,  be  substituted  in  place  of  the 
employer  in  any  proceeding  theretofore  or  thereafter  instituted  by  such  person  to 
recover  such  compensation,  and  the  employer  shall  be  dismissed  therefrom.  Such  pro- 
ceedings shall  not  abate  on  account  of  such  substitution  but  shall  be  continued  against 
such  insurance  carrier.  If  at  the  time  of  the  suffering  of  an  injury  for  which  compen- 
sation is  claimed,  or  may  be  claimed,  the  employer  shall  be  insured  against  liability 
for  the  full  amount  of  compensation  payable,  or  that  may  become  payable,  the  employer 
may  serve  or  cause  to  be  sers'ed  upon  any  person  claiming  compensation  on  account  of 
the  suffering  of  such  injury  and  upon  the  insurance  carrier  a  notice  that  the  insurance 
carrier  has  in  its  policy  contract  or  otherwise,  assumed  and  agreed  to  pay  the  compen- 
sation, if  any,  for  which  the  employer  is  liable,  and  may  file  a  copy  of  such  notice  with 
the  commission.  If  it  shall  thereafter  appear  to  the  satisfaction  of  the  commission  that 
the  insurance  carrier  has,  through  the  issuance  of  its  contract  of  insurance  or  otherwise, 
assumed  such  liability  for  compensation,  such  employer  shall  thereupon  be  relieved 
from  liability  for  compensation  to  such  claimant  and  the  insurance  carrier  shall,  after 
notice,  be  substituted  in  place  of  the  employer  in  any  proceeding  theretofore  or  there- 
after instituted  by  such  person  to  recover  such  compensation,  and  the  employer  shall 
be  dismissed  therefrom.  Such  proceeding  shall  not  abate  on  account  of  such  substitu- 
tion, but  shall  be  continued  against  such  insurance  carrier. 


^ 


ir.69  MASTER  AND  SERVANT.  Act  2781,  §§  31-S3 

Order  of  commission. 

(2)  The  commission  may,  with  or  without  the  filing  of  the  notice  required  by  the 
preceding  paragraph,  enter  its  order  relieving  the  employer  from  liability  where  it 
appears  from  the  pleadings,  stipulations  or  proof  that  an  insurance  carrier  joined  as 
party  to  the  proceeding  is  liable  for  the  full  compensation  which  the  employer  in  such 
proceeding  is  liable  to  pay. 

Insurance  carrier  subrogated  to  rights  of  employer. 

(f)  Where  any  employer  is  insured  against  liability  for  compensation  with  any 
insurance  carrier  and  such  insurance  carrier  shall  have  assumed  the  liability  of  the 
employer  therefor  in  the  manner  provided  by  this  section,  or  shall  have  paid  any  com- 
pensation for  which  the  employer  is  liable,  or  furnished  or  provided  any  medical  ser- 
vices required  by  this  act,  such  insurance  carrier  shall  be  subrogated  to  all  the  rights 
and  duties  of  such  employer  and  may  enforce  any  such  rights  of  its  own  name. 

State  fund  may  insure. 

(g)  The  state  compensation  insurance  fund  may  insure  against  any  liability  fixed 
under  this  act  to  the  same  extent  as  any  insurance  carrier. 

"Limited  compensation  policy." 

$  31,  (a)  If  any  insurance  policy  shall  be  issued  covering  liability  for  compensa- 
tion, which  policy  shall  contain  any  limitation  as  to  the  compensation  payable,  such 
limitation  shall  be  printed  in  the  body  of  such  policy  in  bold-face  type  and  in  addition 
thereto  the  words  "limited  compensation  policy"  shall  be  printed  on  the  top  of  the 
policy  in  bold-face  type  not  less  than  eighteen  point  in  size.  Failure  to  observe  the 
foregoing  requirement  shall  render  such  policy  unlimited. 

(b)  No  insui-ance  carrier  shall  insure  against  the  liability  of  the  employer  for  the 
additional  compensation  recoverable  under  the  provisions  contained  in  section  six  (b) 
hereof. 

Organization  of  state  compensation  insurance  fund  continued. 

5  32.  Nothing  contained  in  this  act  shall  be  taken  or  construed  to  limit,  interfere 
with,  disturb,  or  render  ineffective  in  any  degree,  the  creation,  existence,  organization, 
control,  management,  contracts,  rights,  powers,  duties  and  liabilities  of  the  state  com- 
pensation insurance  fund,  but  all  such  matters  and  things  are  hereby  expressly  con- 
firmed, saved  and  continued. 

Definitions. 

$  33.  The  following  terms,  as  used  in  sections  thirty-three  to  fifty-four,  inclusive, 
of  this  act,  shall,  unless  a  different  meaning  is  plainly  required  by  the  context,  be  con- 
strued as  follows: 

"Place  of  employment." 

(1)  The  phrase  "place  of  employment"  shall  mean  and  include  every  place,  whether 
indoors  or  out  or  underground,  or  elsewhere,  and  the  premises  appurtenant  thereto, 
where,  either  temporarily  or  permanently,  any  industry,  trade,  work  or  business  is  car- 
ried on,  or  where  any  process  or  operation  directly  or  indirectly  related  to  any  industry, 
trade,  work  or  business,  is  carried  on,  including  all  construction  work,  and  where  any 
person  is  directly  or  indirectly  employed  by  another,  but  shall  not  include  any  place 
where  persons  are  employed  solely  in  household  domestic  service,  or  any  place  of  em- 
ployment, concerning  the  safety  of  which  jurisdiction  may  have  been  vested  by  law 
heretofore  or  hereafter  in  any  other  commission  or  public  authority. 
Gen.  Laws — 99 


Act  27S1,  §  S4  GENERAL  LAWS.  I57t 

"Employment." 

(2)  The  term  "employment"  shall  mean  and  include  any  trade,  work,  business,  occu- 
pation or  process  of  manufacture,  or  any  method  of  carrying  on  such  trade,  work, 
business,  occupation  or  process  of  manufacture,  including  construction  work,  in  which 
any  person  may  be  engaged,  except  where  persons  are  employed  solely  in  household 
domestic  service. 

"Employer." 

(3)  The  terra  "employer"  shall  mean  and  include  every  person,  firm,  voluntary 
association,  corporation,  officer,  agent,  manager,  representative  or  other  person  having 
control  or  custody  of  any  employment,  place  of  employment  or  of  any  employee. 

"Employee." 

(4)  The  term  "employee"  shall  mean  and  include  every  person  who  may  be  required 
or  directed  by  any  employer,  to  engage  in  any  employment,  or  to  go  to  work  or  be  at 
any  time  in  any  place  of  employment. 

"Order." 

(5)  The  term  "order"  shall  mean  and  include  any  decision,  rule,  regulation,  direc- 
tion, requirement  or  standard  of  the  commission  or  any  other  determination  arrived  at 
or  decision  made  by  such  commission  under  the  safety  provisions  of  this  act. 

"General  order." 

(6)  The  term  "general  order"  shall  mean  and  include  such  order,  made  under  the 
safety  provisions  of  this  act,  as  applies  generally  throughout  the  state  to  all  persons, 
employments  or  places  of  employment,  or  all  persons,  employments  or  places  of  employ- 
ment of  a  class  under  the  jurisdiction  of  the  commission.  All  other  orders  of  the 
commission  shall  be  considered  special  orders. 

"Local  order." 

(7)  The  term  "local  order"  shall  mean  and  include  any  ordinance,  order,  rule  or 
determination  of  any  board  of  supervisors,  citj'  council,  board  of  trustees  or  other 
governing  body  of  any  county,  city  and  county,  city,  or  any  school  district  or  other 
public  corporation,  or  an  order  or  direction  of  any  other  public  official  or  board  or 
department  upon  any  matter  over  which  the  industrial  accident  commission  has  juris- 
diction. 

"Safe"  and  "Safety." 

(8)  The  terms  "safe"  and  "safety"  as  applied  to  an  emplo^Tnent  or  a  place  of 
employment  shall  mean  such  freedom  from  danger  to  the  life  or  safety  of  employees  as 
the  nature  of  the  employment  will  reasonably  permit. 

"Safety  device"  and  "Safeguard." 

(9)  The  terms  "safety  device"  and  "safeguard"  shall  be  given  a  broad  interpre- 
tation so  as  to  include  any  practicable  method  of  mitigating  or  preventing  a  specific 
danger.  [Amendment  of  May  22,  1919.  In  effect  July  22,  1919.  Stats.  1919,  pp.  922, 
923.] 

Employer  to  make  employment  safe. 

§  34.  Every  employer  shall  furnish  employment  which  shall  be  safe  for  the  em- 
ployees therein  and  shall  furnish  a  place  of  employment  which  shall  be  safe  for 
employees  therein,  and  shall  furnish  and  use  such  safety  devices  and  safeguards,  and 
shall  adopt  and  use  such  practices,  means,  methods,  operations  and  processes  as  are 


i571  MASTER  AXD   SERVANT.  Act  27S1,  §g  33-39 

reasonably  adequate  to  render  such  employment  and  place  of  employment  safe,  and 
shall  do  every  other  thing  reasonably  necessary  to  protect  the  life  and  safety  of  such 
employees. 

Use  of  safety  devices. 

^  35,  No  employer  shall  require,  permit  or  suffer  any  employee  to  go  or  be  in  any 
employment  or  place  of  employment  which  is  not  safe,  and  no  such  emploj^er  shall  fail 
to  furnish,  provide  and  use  safety  devices  and  safeguards  or  fail  to  adopt  and  use 
methods  and  processes  reasonably  adequate  to  render  such  emplo3'ment  and  place  of 
employment  safe,  and  no  such  employer  shall  fail  or  neglect  to  do  every  other  thing 
reasonably  necessary  to  protect  the  life  and  safety  of  such  employees,  and  no  such 
employer  shall  occupy  or  maintain  any  place  of  employment  that  is  not  safe. 

Construction  of  unsafe  place. 

$  3G.  No  employer,  owner  or  lessee  of  any  real  property  in  this  state  shall  construct 
or  cause  to  be  constructed  any  place  of  employment  that  is  not  safe. 

Employee  not  to  interfere  with  safety  devices. 

§  37.  No  employee  or  other  person  shall  remove,  displace,  damage,  destroy  or  carry 
off  any  safety  device,  safeguard,  notice  or  warning,  furnished  and  provided  for  use  in 
any  employment  or  place  of  employment,  or  interfere  in  any  way  with  the  use  thereof 
by  any  other  person,  or  interfere  with  the  use  of  any  method  or  process  adopted  for 
the  protection  of  any  employee,  including  himself,  in  such  employment,  or  place  of  em- 
ployment, or  fail  or  neglect  to  do  everj^  other  thing  reasonabW  necessary  to  protect  the 
life  and  safety  of  such  employees.  [Amendment  of  May  22,  1919.  In  effect  July  22, 
1919.    Stats,  1919,  p.  924.] 

Jurisdiction  of  commission  over  places  of  employment, 

§  38,  The  commission  is  vested  with  full  power  and  jurisdiction  over,  and  shall  have 
such  supervision  of,  everj'  employment  and  place  of  employment  in  this  state  as  maj' 
be  necessary  adequately  to  enforce  and  administer  all  laws  and  all  lawful  orders 
requiring  such  employment  and  place  of  emplo3'^ment  to  be  safe,  and  requiring  the  pro- 
tection of  the  life  and  safety  of  every  employee  in  such  employment  or  place  of  em- 
ployment. 

Power  of  commission  to  prescribe  devices,  standards,  etc. 

§  39,  The  commission  shall  have  power,  after  a  hearing  had  upon  its  own  motion  or 
upon  complaint,  by  general  or  special  orders,  rules  or  regulations,  or  otherwise : 

(1)  To  declare  and  prescribe  what  safety  devices,  safeguards  or  other  means  or 
methods  of  protection  are  well  adapted  to  render  the  emplo3'ees  of  every  employment 
and  place  of  emploj^ment  safe  as  required  bj'  law  or  lawful  order. 

(2)  To  fix  such  reasonable  standards  and  to  prescribe,  modify  and  enforce  such  rea- 
sonable orders  for  the  adoption,  installation,  use,  maintenance  and  operation  of  safet}' 
devices,  safeguards  and  other  means  or  methods  of  protection,  to  be  as  nearly  uniform 
as  possible,  as  may  be  necessary'  to  carry  out  all  laws  and  lawful  orders  relative  to  the 
protection  of  the  life  and  safety  of  employees  in  employments  and  places  of  employ- 
ment. 

(3)  To  fix  and  order  such  reasonable  standards  for  the  construction,  repair  and 
maintenance  of  places  of  employment  as  shall  render  them  safe, 

(4)  To  require  the  performance  of  any  other  act  which  the  protection  of  the  life 
and  safety  of  employees  in  employments  and  places  of  employment  may  reasonably 
demand. 

(5)  To  declare  and  prescribe  the  general  form  of  industrial  injury  reports,  the 
injuries  to  be  reported  and  the  information  to  be  furnished  in  connection  therewith, 


Act  2781,  §8  40-44  GENERAL,   LAWS.  1572 

and  the  time  within  which  such  reports  shall  be  filed.  Nothing  in  this  act  contained 
shall  be  construed  to  prevent  the  commission  from  requiring  supplemental  injury 
reports. 

Notice  of  hearing  to  consider  general  safety  order. 

$  40.  Upon  the  fixing  of  a  time  and  place  for  the  holding  of  a  hearing  for  the  pur- 
pose of  considering  and  issuing  a  general  safety  order  or  orders  as  authorized  by 
section  thirty-nine  hereof,  the  commission  shall  cause  a  notice  of  such  hearing  to  be 
published  in  one  or  more  daily  newspapers  of  general  circulation  published  and  circu- 
lated in  the  city  and  county  of  San  Francisco,  and  also  in  one  or  more  daily  newspapers 
of  general  circulation  published  and  circulated  in  the  county  of  Los  Angeles,  such 
newspapers  to  be  designated  by  the  commission  for  that  purpose.  No  defect  or  inaccu- 
racy in  such  notice  or  in  the  publication  thereof  shall  invalidate  any  general  order 
issued  by  the  commission  after  hearing  had. 

Order  to  make  emplojmient  safe. 

^  41.  "Whenever  the  commission,  after  a  hearing  had  upon  its  own  motion  or  upon 
complaint,  shall  find  that  any  employment  or  place  of  employment  is  not  safe  or  that 
the  practices  or  means  or  methods  or  operations  or  processes  employed  or  used  in  con- 
nection therewith  are  unsafe,  or  do  not  afford  adequate  protection  to  the  life  and 
safety  of  employees  in  such  employment  or  place  of  employment,  the  commission  shall 
make  and  enter  and  serve  such  order  relative  thereto  as  may  be  necessary  to  render 
such  employment  or  place  of  employment  safe  and  protect  the  life  and  safety  of  em- 
ployees in  such  employment  and  place  of  employment  and  may  in  said  order  direct  that 
such  additions,  repairs,  improvements  or  changes  be  made  and  such  safety  devices  and 
safeguards  be  furnished,  provided  and  used,  as  are  reasonably  required  to  render  such 
employment  or  place  of  employment  safe,  in  the  manner  and  within  the  time  specified 
in  said  order. 

Time  for  compliance  with  order. 

^  42.  The  commission  may,  upon  application  of  any  employer,  or  other  person 
affected  thereby,  grant  such  time  as  may  reasonably  be  necessary  for  compliance  with 
any  order,  and  any  person  affected  by  such  order  may  petition  the  commission  for  an 
extension  of  time,  which  the  commission  shall  grant  if  it  finds  such  an  extension  of 
time  necessary. 

Investigation  of  unsafe  employment. 

§  43.  Whenever  the  commission  shall  learn  or  have  reason  to  believe  that  any 
employment  or  place  of  employment  is  not  safe  or  is  injurious  to  the  welfare  of  any 
emolovee  it  may,  of  its  own  motion,  or  upon  complaint,  summarily  investigate  to  same 
with  or  without  notice  or  hearings,  and  after  a  hearing  upon  such  notice  as  it  may  pre- 
scribe, the  commission  may  enter  and  serve  such  order  as  may  be  necessai'^  relativj 
thereto,  anything  in  this  act  to  the  contrary  notwithstanding. 

Obeying  order. 

^  4ri.  E\ery  employer,  employee  and  other  person  shall  obey  and  comply  with  each 
and  every  requirement  of  every  order,  decision,  direction,  rule  or  regulation  made  or 
prescribed  by  the  commission  in  connection  with  the  matters  herein  specified,  or  in  any 
way  relating  to  or  affecting  safety  of  employments  or  places  of  employment,  or  to 
protect  the  life  and  safety  of  employees  in  such  employments  or  places  of  employment, 
and  shall  do  everything  necessary  or  proper  in  order  to  secure  compliance  with  and 
observance  of  every  such  order,  decision,  dii-ection,  rule  or  regulation. 


1573  MASTER  AND  SERVANT.  Act  2781,  §g  45-47 

Review  of  orders. 

$  45.  The  orders  of  the  commission,  general  or  special,  its  rules  or  regulations,  find- 
ings and  decisions,  made  and  entered  under  the  safety  provisions  of  this  act,  may  be 
reviewed  by  the  courts  specified  in  sections  sixty-seven  and  sixty-eight  of  this  act  and 
within  the  time  and  in  the  manner  therein  specified  and  not  otherwise. 

Powers  of  supervisors,  etc.,  not  affected, 

$  46,  Nothing  contained  in  this  act  shall  be  construed  to  deprive  the  board  of  super- 
visors of  any  county,  or  city  and  county,  the  board  of  trustees  of  any  city,  or  any  other 
public  corporation  or  board  or  department,  of  any  power  or  jurisdiction  over  or  relative 
to  any  place  of  employment;  provided,  that  whenever  the  commission  shall,  by  order, 
fix  a  standard  of  safety  for  employments  or  places  of  employment,  such  order  shall, 
upon  the  filing  by  the  commission  of  a  copy  thereof  with  the  clerk  of  the  county,  city 
and  county,  or  city  to  which  it  may  apply,  establish  a  minimum  requirement  concerning 
the  matters  covered  by  such  order  and  shall  be  construed  in  connection  with  any  local 
order  relative  to  the  same  matter  and  to  amend  or  modify  any  requirement  in  such 
local  order  not  up  to  the  standard  of  the  order  of  the  commission. 

Restraining  injunction  against  unsafe  employments. 

§  461/2.  If  the  condition  of  any  employment  or  place  of  employment  or  the  operation 
of  any  machine,  device  or  apparatus  shall  constitute  a  serious  menace  of  the  lives  or 
safety  of  persons  about  it,  the  commission,  or  a  commissioner,  may  apply  to  the  superior 
court  of  the  county  in  which  such  place  of  employment,  machine,  device  or  apparatus 
is  situated,  for  an  injunction  restraining  the  use  or  operation  thereof  until  such  condi- 
tion shall  be  eon-ected.  The  said  application  accompanied  by  affidavit  showing  that 
such  place  of  employment,  machine,  device  or  apparatus  is  being  operated  in  violation 
of  a  general  or  special  safety  order  of  the  commission,  and  that  such  use  or  operation 
constitutes  a  menace  to  the  life  or  safety  of  any  person  or  persons  emploj^ed  there- 
about, accompanied  by  a  copj'  of  the  order  or  orders  applicable  thereto  shall  constitute 
a  sufficient  prima  facie  showing  to  warrant,  in  the  discretion  of  the  court,  the  imme- 
diate granting  of  a  temporary  restraining  order.  No  bond  shall  be  required  from  the 
commission  as  a  prerequisite  to  the  granting  of  any  restraining  order.  When  in  the 
opinion  of  the  industrial  accident  commission  a  machine  or  any  part  thereof  is  in  a 
dangerous  condition  or  is  not  properly  guarded  or  is  dangerously  placed,  the  use  thereof 
shall  be  prohibited  by  the  commission,  and  a  notice  to  that  effect  shall  be  attached 
thereto.  Such  notice  shall  not  be  removed  except  by  an  authorized  representative  of 
the  commission,  nor  until  the  machinery  is  made  safe  and  the  required  safeguards  or 
safety  appliances  or  devices  are  provided,  and  in  the  meantime  such  unsafe  or  danger- 
ous m.achinery  shall  not  be  used.  [New  section  added  by  amendment  of  May  22,  \919. 
In  effect  July  22,  1919.    Stats.  1919,  p.  924.] 

Museums  of  safety  and  hygiene. 

§  47.     The  commission  shall  have  further  power  and  authority: 

(1)  To  establish  and  maintain  museums  of  safety  and  hygiene  in  which  shall  be 
exhibited  safety  devices,  safeguards  and  other  means  and  methods  for  the  protection 
of  the  life  and  safety  of  employees,  and  to  publish  and  distribute  bulletins  on  any 
phase  of  this  general  subject. 

Lectures. 

(2)  To  cause  lectures  to  be  delivered,  illustrated  by  stereopticon  or  other  views,  dia- 
grams or  pictures,  for  the  information  of  employers  and  their  employees  and  the 
general  public  in  regard  to  the  causes  and  prevention  of  industrial  accidents,  occupa- 
tional diseases  and  related  subjects. 


Act  2781.  §8  48-51  GENERAL  LAWS.  1574 

Advisers. 

(3)  To  appoint  advisers  who  shall,  without  compensation,  assist  the  commission  in 
establishing  standards  of  safetj^  and  the  commission  may  adopt  and  incorporate  in  its 
general  orders  such  safety  recommendations  as  it  may  receive  from  such  advisers. 

Order  admissible  as  evidence. 

§  4S.  Every  order  of  the  commission,  general  or  special,  its  rules  and  regulations, 
findings  and  decisions,  made  and  entered  under  the  safety  provisions  of  this  act  shall 
be  admissible  as  evidence  in  any  prosecution  for  the  violation  of  any  of  the  said  pro- 
visions and  shall,  in  every  such  prosecution,  be  conclusively  presumed  to  be  reasonable 
and  lawful  and  to  fix  a  reasonable  and  proper  standard  and  requirement  of  safety, 
unless,  prior  to  the  institution  of  the  prosecution  for  such  violation  or  violations,  pro- 
ceedings for  a  rehearing  thereon  or  a  review  thereof  shall  have  been  instituted  as  pro- 
vided in  sections  sixty-four  to  sixty-eight,  inclusive,  of  this  act  and  not  then  finally 
determined. 

Penalty  for  violatian. 

6  49.  Every  employer,  employee  or  other  person  who,  either  individually  or  acting 
as  an  officer,  agent  or  employee  of  a  cori^oration  or  other  person,  violates  any  safety 
provision  contained  in  sections  thirtj'^-four,  thirty-five,  thirty-six  or  thirty-seven  of  this 
act,  or  any  part  of  any  such  provision,  or  who  shall  fail  or  refuse  to  comply  with  any 
such  provision  or  any  part  thereof,  or  who,  directly  or  indirectly,  knowingly  induces 
another  so  to  do  is  guilty  of  a  misdemeanor.  In  any  prosecution  under  this  section  it 
shall  be  deemed  prima  facie  evidence  of  a  violation  of  any  such  safety  provision,  that 
the  accused  has  failed  or  refused  to  comply  with  any  order,  rule,  regulation  or  require- 
ment of  the  commission  relative  thereto  and  the  burden  of  proof  shall  thereupon  rest 
upon  the  accused  to  show  that  he  has  complied  with  such  safety  provision. 

Separate  and  distinct  offense. 

^  50.  Every  violation  of  the  provisions  contained  in  sections  thirty-four,  thirty-five, 
thirty-six  or  thirty-seven  of  this  act,  or  any  part  or  portion  thereof,  by  any  person  or 
corporation  is  a  separate  and  distinct  offense,  and,  in  the  case  of  a  continuing  violation 
thereof,  each  day's  eontinnance  thereof  shall  constitute  a  separate  and  distinct  oliense. 

Accident  prevention  fund.     Percentage  of  amount  gross  premiums.     Estimates  sub- 
mitted to  board  of  control.    Revolving  fund. 

$  51.  All  fines  imposed  and  collected  under  prosecutions  for  violations  of  the  pro- 
visions of  sections  thirty  to  fifty-four  of  this  act  shall  be  paid  into  the  state  treasury  to 
the  ci-edit  of  the  "accident  prevention  fund,"  which  fund  is  hereby  created.  In  addi- 
tion to  other  sources  of  income  of  said  accident  prevention  fund,  the  state  compensa- 
tion insurance  fund  shall  pay  into  the  said  accident  prevention  fund,  on  or  before  the 
first  IMonday  in  July,  1918,  and  annually  thereafter,  the  sum  of  two  per  cent  upon  the 
amount  of  the  gross  premiums  received  by  it  upon  its  business  done  in  this  state  during 
the  preceding  calendar  year,  less  return  premiums  and  reinsurance  in  companies  or 
associations  authorized  to  do  business  in  this  state,  which  paj^ment  is  intended  to  be 
the  equivalent  of  the  taxes  imposed  upon  private  insurance  companies  by  the  laws  of 
this  state  relating  to  revenue  and  taxation.  The  state  compensation  insurance  fund 
shall  also  pay  into  the  said  accident  prevention  fund  interest  from  September  1,  1917, 
at  the  rate  of  four  per  cent  per  annum,  payable  quarterly,  upon  the  sum  of  one  hun- 
dred thousand  dollars  heretofore  advanced  by  the  state  to  said  state  compensation  insur- 
ance fund  as  long  as  the  said  fund  shall  retain  the  said  sum  of  one  hundred  thousand 
dollars.  The  commission  is  authorized  to  draw  from  said  accident  prevention  fund 
toward  the  support  of  its  dei)artmcnt  of  safety.     The  commission  shall  submit  from 


loTS  BIASTER  AND   SERVANT.  Act  2781,  §§  52, 53 

time  to  time  to  the  state  board  of  control  an  estimate  of  the  amount  it  desires  to  with- 
draw from  the  accident  prevention  fund,  and  when  such  estimate  shall  be  approved  by 
the  state  board  of  control,  the  controller  is  directed  to  draw  his  warrant  on  said  fund 
in  favor  of  said  commission  for  such  amount,  and  the  treasurer  is  authorized  and 
directed  to  pay  the  same.  The  commission  shall  accoi;nt  to  the  state  board  of  control 
and  to  the  state  controller  for  all  moneys  so  received,  furnishing  proper  vouchers 
therefor.    The  said  accident  prevention  fund  shall  be  a  revolving  fund. 

Unlawful  to  divulge  confidential  information. 

^  52.  It  shall  be  unlawful  for  any  member  of  the  commission,  or  for  any  oflBcer  or 
employee  of  the  commission,  to  divulge  to  anj'  person  not  connected  with  the  adminis- 
tration of  this  act  any  confidential  information  obtained  from  any  person,  concerning 
the  failure  of  any  other  person  to  keep  any  place  of  employment  safe,  or  concerning 
the  violation  of  any  order,  rule  or  regulation  issued  by  the  commission.  Any  member 
of  the  commission  or  any  officer  or  employee  of  the  commission  divulging  such  confi- 
dential information  shall  be  gruiltj'  of  a  misdemeanor. 

Reports  of  injuries. 

§  53.  (a)  E^'er3'^  employer  of  labor,  without  any  exceptions,  and  every  insurance  car- 
rier, and  every  physician  or  surgeon  who  attends  any  injured  employee,  is  hereby 
required  to  file  with  the  commission,  under  such  rules  and  regulations  as  the  commis- 
sion may  from  time  to  time  make,  a  full  and  complete  report  of  every  injury  to  an 
employee  arising  out  of  or  in  the  course  of  his  employment  and  resulting  in  loss  of 
life  or  injury  to  such  iDerson;  provided,  that  such  report  shall  not  be  required  unless 
disability  resulting  from  such  injury  lasts  through  the  day  of  the  injury  or  requires 
medical  service  other  than  ordinary  first  aid  treatment.  Where  the  injury  results 
in  death  a  report  shall  be  made  by  the  employer  to  the  commission  by  telephone  or 
telegraph  forthwith.  Such  reports  shall  be  furnished  to  the  commission  in  such  form 
and  such  detail  as  the  commission  shall  from  time  to  time  prescribe,  and  shall  make 
specific  answers  to  all  questions  required  by  the  commission  under  its  rules  and  regu- 
lations. It  shall  be  unlawful  for  any  person,  firm,  corporation,  agent  or  officer  of  a 
firm  or  corporation,  to  fail  or  refuse  to  comply  with  any  of  the  provisions  of  this  sec- 
tion, and  any  such  person,  finn,  coiporation,  agent  or  ofiicer  of  a  firm  or  corporation, 
who  fails  or  refuses  to  comply  with  the  provisions  of  this  section  shall  be  guilty  of  a 
misdemeanor  for  each  and  every  offense  and  upon  conviction  thereof  shall  be  punish- 
able by  a  fine  of  not  less  than  ten  dollars  nor  more  than  one  hundred  dollars.  Any 
such  employer  or  insurance  carrier  who  shall  furnish  such  report  shall  be  exempt  from 
furnishing  any  similar  report  or  reports  authorized  or  required  under  the  laws  of  this 
state. 

Filling  out  blanks. 

(b)  Every  emplo5'er  or  insurance  carrier  receiving  from  the  commission  any  blanks 
with  directions  to  fill  out  the  same  shall  cause  the  same  to  be  properly  filled  out  so  as 
to  answer  fully  and  correctly  each  question  propounded  therein ;  in  case  he  is  unable  to 
answer  any  such  questions  a  good  and  sviflficient  reason  shall  be  given  for  such  failure. 

Information  not  open  to  public  inspection. 

(c)  No  information  furnished  to  the  commission  by  an  employer  or  an  insurance 
carrier  shall  be  open  to  public  inspection  or  made  public  except  on  order  of  the  commis- 
sion, or  by  a  commissioner  or  referee  in  the  course  of  a  proceeding.  Any  oflBcer  or 
employee  of  the  commission  who,  in  violation  of  the  provisions  of  this  subsection, 
divulees  any  such  infonnation  shall  be  guilty  of  a  misdemeanor.  [Amendment  of 
May  22,  1919.    In  effect  July  22,  1919.    Stats.  1919,  p.  924.] 


A.«  2781.  e§  54-56  GENERAL  LAWS.  1576 

Investigation  of  injuries. 

^  54.  (a)  The  coniinission  shall  investigate  the  cause  of  all  industrial  injuries  occur- 
ring within  the  state  in  any  employment  or  place  of  employment,  or  directly  or 
indirectly  arising  from  or  connected  with  the  maintenance  or  operation  of  such  employ- 
ment or  place  of  employment,  resulting  in  disability  or  death  and  requiring,  in  the 
judgment  of  the  commission,  such  investigation;  and  the  commission  shall  have  the 
power  to  make  such  orders  or  recommendations  with  respect  to  such  injuries  as  may  be 
just  and  reasonable;  provided,  that  neither  the  order  nor  the  recommendation  of  the 
commission  shall  be  admitted  as  evidence  in  any  action  for  damages  or  any  proceeding 
to  recover  compensation,  based  on  or  arising  out  of  such  injury  or  death. 

Inspectors,  etc.,  may  enter  place  of  employment. 

(b)  For  tlie  purpose  of  making  any  investigation  which  the  commission  is  authorized 
to  make  under  the  provisions  of  this  section,  or  for  the  purpose  of  collecting  statistics 
or  examining  the  provision  made  for  the  safety  of  employees,  any  member  of  the  com- 
mission, or  other  person  designated  by  the  commission  for  that  puipose,  may  enter  any 
place  of  emi)loyment;  and  in  the  performance  of  such  duties  shall  have  the  power  to 
subpoena  witnesses,  administer  oaths  and  take  testimony. 

Penalty  for  violation. 

(c)  Any  employer,  insurance  carrier,  responsible  agent  or  employee  of  such  employer 
or  insurance  carrier,  or  any  other  person  who  shall  violate  or  omit  to  comply  with  any 
of  the  provisions  of  this  section,  or  who  shall  in  any  way  obstnact  or  hamper  the  com- 
mission, any  commissioner  or  other  person  conducting  any  investigation  authorized  to 
be  undertaken  or  made  by  the  commission,  shall  be  guilty  of  a  misdemeanor.  [Amend- 
ment of  May  22,  1919.     In  effect  July  22,  1919.     Stats.  1919,  p.  925.] 

Proceedings  instituted  before  commission. 

^55.  (a)  All  proceedings  for  the  recovery  of  compensation,  or  concerning  any  right 
or  liability  arising  out  of  or  incidental  thereto,  or  for  the  enforcement  against  the 
employer  or  an  insurance  carrier  of  any  liability  for  compensation  imposed  upon  him 
by  this  act  in  favor  of  the  injured  employee,  his  dependents  or  any  third  person,  or  for 
the  determination  of  any  question  as  to  the  distribution  of  compensation  among  depend- 
ents or  other  persons,  or  for  the  determination  of  any  question  as  to  who  are  dependents 
of  any  deceased  employee,  or  what  persons  are  entitled  to  any  benefit  under  the  com- 
pensation provisions  of  this  act,  or  for  obtaining  any  order  which  bj'  this  act  the  com- 
mission is  authorized  to  make,  or  for  the  determination  of  any  other  matter,  jurisdic- 
tion over  which  is  vested  by  this  act  in  the  commission,  shall  be  instituted  before  the 
eommission,  and  not  elsewhere,  except  as  otherwise  in  this  act  provided,  and  the  com- 
mission is  hereby  vested  with  full  power,  authority  and  jurisdiction  to  try  and  finally 
determine  all  such  matters,  subject  only  to  the  review  by  the  courts  in  this  act  specified 
and  in  the  manner  and  within  the  time  in  this  act  provided. 

Orders,  etc.,  prima  facie  lawful. 

(b)  All  orders,  rules  and  regulations,  findings,  decisions  and  awards  of  the  commis- 
sion shall  be  in  force  and  shall  be  prima  facie  lawful;  and  all  such  orders,  rules  and 
regulations,  findings,  decisions  and  awards  shall  be  conclusively  presumed  to  be  reason- 
able and  lawful,  until  and  unless  they  are  modified  or  set  aside  by  the  commission  or 
upon  a  review  by  the  courts  in  this  act  specified  and  within  the  time  and  in  the  manner 
herein  specified. 

Service  of  notice,  etc. 

^  56.  (a)  Any  notice,  order  or  decision  required  by  this  act  to  be  served  upon  any 
person  or  party  eitlier  before,  during  or  after  the  institution  of  any  proceeding  before 


i 


1577  HASTE^R  AND   SERVANT.  Act  2781,  §  57 

the  commission,  may  be  served  in  the  manner  provided  by  chapter  five,  title  fourteen  of 
part  two  of  the  Code  of  Civil  Procedure  of  this  state,  unless  otherwise  directed  by  the 
commission  or  a  member  thereof,  in  which  event  the  same  shall  be  served  in  accordance 
with  the  order  or  direction  of  said  commission  or  member  thereof.  The  commission 
or  a  commissioner  may  also,  in  the  cases  mentioned  in  the  Code  of  Civil  Procedure  of 
this  state,  order  service  to  be  made  by  publication  of  the  notice  of  time  and  place  of 
hearing.  Where  service  is  ordered  to  be  made  by  publication  the  date  of  the  hearing 
may  be  fixed  at  more  than  thirty  days  from  the  date  of  filing  the  application. 

(b)  Any  such  notice,  order  or  decision  affecting  the  state  or  any  city  and  county, 
city,  school  district  or  public  corporation  therein,  shall  be  served  upon  the  same  officer, 
officers,  person  or  persons,  upon  whom  the  service  of  similar  notices,  orders  or  decisions 
is  authorized  by  law. 

Secretary,  etc.,  have  powers  of  peace  of&cers. 

(c)  The  secretary,  assistant  secretaries  and  the  inspectors  appointed  by  the  com- 
mission shall  have  all  the  powers  conferred  by  law  upon  peace  officers  to  cairy  weapons, 
make  arrests  and  serve  warrants  and  other  process  in  this  state. 

Powers  of  commission. 

$  57.  (a)  The  commission  shall  have  full  power  and  authority: 

Rules  of  practice. 

(1)  To  adopt  reasonable  and  proper  rules  of  practice  and  procedure. 

Representation  of  minors,  etc. 

(2)  To  regulate  and  provide  the  manner,  and  by  whom,  minors  and  incompetent  per- 
sons shall  appear  and  be  represented  before  it. 

Appoint  trustee  to  appear  for  minor  or  incompetent. 

(3)  To  appoint  a  trustee  or  guardian  ad  litem  to  appear  for  and  represent  any  such 
minor  or  incompetent  upon  such  terms  and  conditions  as  it  may  deem  proper;  and  such 
guardian  or  trustee  must,  if  required  by  the  commission  or  a  commissioner,  give  a  bond 
in  the  same  form  and  of  the  same  character  required  by  law  from  a  guardian  appointed 
by  the  courts  and  in  such  an  amount  as  the  commission  or  a  commissioner  may  fix  and 
determine,  such  bond  to  be  approved  by  the  commission  or  a  commissioner,  and  such 
guardian  or  trustee  shall  not  be  discharged  from  liability  until  he  shall  have  filed  an 
account  with  the  commission  or  with  the  probate  court  and  such  account  shall  have  been 
approved.  The  trustee  or  guardian  shall  be  entitled  to  receive  such  compensation  for 
his  services  as  shall  be  fixed  and  allowed  by  the  commission  or  by  the  probate  court. 

Joinder  of  interested  persons. 

(4)  To  provide  for  the  joinder  in  the  same  proceeding  of  all  persons  interested 
therein,  whether  as  employer,  insurance  carrier,  employee,  dependent,  creditor  or  other- 
wise. 

Notices. 

(5)  To  regulate  and  prescribe  the  kind  and  character  of  notices,  where  not  otherwise 
prescribed  by  this  act,  and  the  service  thereof. 

Proofs. 

(6)  To  regulate  and  prescribe  the  nature  and  extent  of  the  proofs  and  evidence. 

Controversies  over  insurance  policies. 

(b)  The  commission  shall  also  have  jurisdiction  to  determine  controversies  arising 
out  of  insurance  policies  issued  to  self-employing  persons,  conferring  benefits  identical 
with  those  prescribed  by  this  act. 


Act  27S1,§§58. 59  GENERAL  LAWS.  1578 

Acting  as  arbitrator. 

The  commission  may  try  and  determine  matters  refen-ed  to  it  by  the  parties  under 
the  provisions  of  part  three,  title  ten,  of  the  Code  of  .Civil  Procedure,  with  respect  to 
controversies  arising  out  of  insurance  issued  to  self -employing  persons  under  the  pro- 
visions of  this  act.  Such  controversies  may  be  submitted  to  it  by  the  signed  agreement 
of  the  parties,  or  by  the  application  of  one  party  and  the  submission  of  the  other  to 
its  jurisdiction,  with  or  without  an  express  request  for  arbitration.  The  state  compen- 
sation insurance  fund  must  submit  to  the  commission,  the  consent  of  the  other  party 
being  obtained,  all  controversies  susceptible  of  being  arbitrated  under  this  section.  In 
acting  as  arbitrator  under  the  provisions  of  this  section,  the  commission  shall  have  all 
the  powers  which  it  may  lawfully  exercise  in  compensation  cases,  and  its  findings  and 
award  upon  such  arbitration  shall  have  the  same  conclusiveness  and  be  subject  to  the 
same  mode  of  reopening,  review  and  enforcement  as  in  compensation  cases.  No  fee  or 
cost  shall  be  charged  by  the  commission  to  any  party  for  arbitrating  the  issues  pre- 
sented under  this  section. 

Controversies  over  injuries  outside  of  state. 

§  58.  The  commission  shall  have  jurisdiction  over  all  controversies  arising  out  of 
injuries  suffered  without  the  territorial  limits  of  this  state  in  those  cases  where  the 
injured  employee  is  a  resident  of  this  state  at  the  time  of  the  injury  and  the  contract 
of  hire  was  made  in  this  state,  and  any  such  employee  or  his  dependents  shall  be 
entitled  to  the  compensation  or  death  benefits  provided  by  this  act. 

Reference  of  cases. 

§  59.  The  commission  may  upon  the  agreement  of  the  parties,  upon  the  application 
of  either,  or  of  its  own  motion,  and  either  with  or  without  notice,  direct  and  order  a 
reference  in  the  following  cases: 

(1)  To  try  any  or  all  of  the  issues  in  any  proceeding  before  it,  whether  of  fact  or  of 
law,  and  to  report  a  finding,  order,  decision  or  award  to  be  based  thereon. 

(2)  To  ascertain  a  fact  necessary  to  enable  the  commission  to  determine  any  pro- 
ceeding before  it  or  to  make  any  order,  decision  or  award  that  the  commission  is  author- 
ized to  make  under  this  act,  or  that  is  necessary  for  the  information  of  the  commission. 

Referees. 

(b)  The  commission  may  appoint  one  or  more  referees  in  an^'  proceeding,  as  it  may 
deem  necessary  or  advisable,  and  may  refer  matters  arising  out  of  the  same  proceed- 
ing to  different  referees.  It  may  also,  in  its  discretion,  appoint  general  referees  who 
shall  hold  office  during  the  pleasure  of  the  commission.  Any  referee  appointed  by  the 
commission  shall  have  such  powers,  jurisdiction  and  authority  as  is  granted  under  the 
law,  by  the  order  of  appointment  and  by  the  rules  of  the  commission,  and  shall  receive 
such  salary  or  compensation  for  his  services  as  may  be  fixed  by  the  commission. 

Objection  to  appointments. 

(c)  Any  party  to  the  proceeding  may  object  to  the  appointment  of  any  person  as 
referee  upon  any  one  or  more  of  the  grounds  specified  in  section  six  hundred  forty-one 
of  the  Code  of  Civil  Procedure  and  such  objection  must  be  heard  and  disposed  of  by 
the  commission.    Affidavits  may  be  read  and  witnesses  examined  as  to  such  objections. 

Oath  of  referee. 

(d)  Before  entering  upon  his  duties,  the  referee  must  be  sworn  before  an  officer 
authorized  to  administer  oaths,  faithfully  and  fairly  to  hear  and  determine  the  matters 
and  issues  referred  to  him,  and  to  make  just  findings  and  report  according  to  his  under- 
standing. 


1579  MASTER  AND   SERVANT.  Act  2781,  §§  60, 61 

Report  of  referee. 

(e)  The  referee  must  report  his  findings  in  writing  to  the  commission  within  fifteen 
days  after  the  testimony  is  closed.  Such  report  shall  be  made  in  the  form  prescribed 
by  the  commission  and  shall  include  all  matters  required  to  be  included  in  the  order  of 
reference  or  by  the  rules  of  the  commission.  The  facts  found  and  conclusions  of  law 
must  be  separately  stated. 

Order,  etc.,  based  on  report  of  referee. 

(f )  Upon  the  filing  of  the  report  of  the  referee,  the  commission  may  confirm,  adopt, 
modify  or  set  aside  the  same  or  any  part  thereof  and  may,  either  with  or  without  fur- 
ther proceedings,  and  either  with  or  without  notice,  enter  its  order,  findings,  decision 
or  award  based  in  whole  or  in  part  ujion  the  report  of  the  referee,  or  upon  the  record 
in  the  case. 

Hearings  by  referees. 

(g)  The  provisions  of  the  preceding  subdivisions  of  this  section  shall  not  be  con- 
strued to  prevent  the  commission  from  requiring  its  referees  merely  to  hold  hearings 
and  to  make  return  of  the  testimony  to  the  commission. 

Commission  not  bound  by  statutory  rules  of  evidence  and  procedure. 

§  60.  (a)  All  hearings  and  investigations  before  the  commission  or  any  member 
thereof,  or  any  referee  appointed  thereby,  shall  be  governed  by  this  act  and  by  the 
rules  of  practice  and  procedure  adopted  by  the  commission,  and  in  the  conduct  thereof 
neither  the  commission  nor  any  member  thereof,  nor  any  referee  appointed  thereby, 
shall  be  bound  by  the  common  law  or  statutorj^  rules  of  evidence  and  procedure,  but 
may  make  inquiry  in  such  manner,  through  oral  testimony  and  written  and  printed 
records,  as  is  best  calculated  to  ascertain  the  substantial  rights  of  the  parties  and  carry 
oi;t  justly  the  spirit  and  provisions  of  this  act.  No  infoiTaality  in  any  proceeding  or  in 
the  manner  of  taking  testimony  shall  invalidate  any  order,  decision,  award,  rule  or 
regulation  made,  approved  or  confirmed  by  the  commission;  nor  shall  any  order,  award, 
rule  or  regulation  be  invalidated  because  of  the  admission  into  the  record,  and  use  as 
proof  of  any  fact  in  dispute,  of  any  evidence  not  admissible  under  the  said  common 
law  or  statutory  rules  of  evidence  and  procedure. 

Depositions. 

(b)  The  commission,  or  a  commissioner  or  referee,  or  any  party  to  the  action  or  pro- 
ceeding, may,  in  any  investigation  or  hearing  before  the  commission,  cause  the  deposi- 
tion of  witnesses  residing  within  or  without  the  state  to  be  taken  in  the  manner  pre- 
scribed by  law  for  like  depositions  in  civil  actions  in  the  superior  courts  of  this  state, 
and  to  that  end  may  compel  the  attendance  of  witnesses  and  the  production  of  books, 
dor-uments,  papers  and  accounts;  provided,  that  depositions  taken  outside  of  the  state 
may  be  taken  before  any  officers  authorized  to  administer, oaths. 

Power  of  commission  to  administer  oaths,  etc.    Witness  fees  and  mileage. 

§  61.  The  commission  and  each  member  thereof,  its  secretary,  assistant  secretaries 
and  referees,  shall  have  power  to  administer  oaths,  certify  to  all  official  acts,  and  to 
issue  subpoenas  for  the  attendance  of  witnesses  and  the  production  of  papers,  books, 
accounts,  documents  and  testimony  in  any  inquii-y,  investigation,  hearing  or  proceed- 
ing in  any  part  of  the  state.  Each  witness  who  shall  appear,  by  order  of  the  commis- 
sion or  a  member  thereof,  or  a  referee  appointed  thereby,  shall  be  entitled  to  receive, 
if  demanded,  for  his  attendance  the  same  fees  and  mileage  allowed  by  law  to  a  witness 
in  civil  cases,  which  amount  shall  be  paid  by  the  party  at  whose  request  such  witness 
is  subpoenaed,  unless  otherwise  ordered  by  the  commission.     When  any  witness  who 


Act  2781,  88  02,  C3  GENERAI.   LA'W'S.  1580 

has  not  been  required  to  attend  at  the  request  of  any  party  is  subpoenaed  by  the  com- 
mission, his  fees  and  mileage  may  be  paid  from  the  funds  appropriated  for  the  use  of 
the  commission  in  the  same  manner  as  other  expenses  of  the  commission  are  paid.  Any 
witness  subpoenaed,  except  one  whose  fees  and  mileage  may  be  paid  from  the  funds  of 
the  commission,  may,  at  the  time  of  service,  demand  the  fee  to  which  he  is  entitled  for 
travel  to  and  from  the  place  at  which  he  is  required  to  appear,  and  one  day's  attend- 
ance. If  such  witness  demands  such  fees  at  the  time  of  service,  and  they  are  not  at 
that  time  paid  or  tendered,  he  shall  not  be  required  to  attend  before  the  commission, 
member  thereof,  or  referee  as  directed  in  the  subpoena.  All  fees  and  mileage  to  which 
any  witness  is  entitled,  under  the  provisions  of  the  section,  may  be  collected  by  action 
therefor  instituted  by  the  person  to  whom  such  fees  are  payable. 

Power  of  superior  court  to  compel  attendance  of  witnesses,  etc. 

^  62.  The  superior  court  in  and  for  the  county,  or  city  and  county,  in  which  any 
inquiry,  investigation,  hearing  or  proceeding  may  be  held  by  the  commission  or  any 
member  thereof  or  referee  appointed  thereby,  shall  have  the  power  to  compel  the 
attendance  of  witnesses,  the  giving  of  testimony  and  the  production  of  papers,  includ- 
ing books,  accouilts  and  documents,  as  required  by  any  subpoena  issued  by  the  com- 
mission or  member  thereof  or  referee.  The  commission  or  any  member  thereof  or  the 
referee,  before  whom  the  testimony  is  to  be  given  or  produced,  in  case  of  the  refusal  of 
any  witness  to  attend  or  testify  or  produce  any  papers  required  by  such  subpoena,  may 
report  to  the  superior  court  in  and  for  the  county,  or  city  and  county  in 
which  the  proceeding  is  pending,  by  petition,  setting  forth  that  due  notice  has 
been  given  of  the  time  and  place  of  attendance  of  said  witness,  or  the  pro- 
duction of  said  papers,  and  that  the  witness  has  been  subpoenaed  in  the  manner  pre- 
scribed in  this  act,  and  that  the  witness  has  failed  and  refused  to  attend  or  produce  the 
papers  required  by  the  subpoena,  or  has  refused  to  answer  questions  propounded  to 
him  in  the  course  of  such  proceeding,  and  ask  an  order  of  said  court,  compelling  the 
witness  to  attend  and  testify  or  produce  said  papers  before  the  commission.  The  court, 
upon  the  petition  of  the  commission  or  such  member  thereof  or  referee,  shall  enter  an 
order  directing  the  witness  to  appear  before  the  court  at  a  time  and  place  to  be  fixed 
by  the  court  in  such  order,  the  time  to  be  not  more  than  ten  days  from  the  date  of  the 
order,  and  then  and  there  show  cause  why  he  had  not  attended  and  testified  or  pro- 
duced said  papers  before  the  commission,  member  thereof  or  referee.  A  copy  of  said 
order  shall  be  served  upon  said  witness.  If  it  shall  appear  to  the  court  that  said  sub- 
poena was  regularly  issued  by  the  commission  or  member  thereof  or  referee  and  that 
the  witness  was  legally  bound  to  comply  therewith,  the  court  shall  thereupon  enter  an 
order  that  said  witness  appear  before  the  commission  or  member  thereof  or  referee 
at  a  time  and  place  to  be  fixed  in  such  order,  and  testify  or  produce  the  required  papers, 
and  upon  failure  to  obey  said  order,  said  witness  shall  be  dealt  with  as  for  contempt 
of  court.  The  remedy  provided  in  this  section  is  cumulative,  and  shall  not  be  con- 
strued to  impair  or  interfere  -with  the  power  of  the  commission  or  a  member  thereof  to 
enforce  the  attendance  of  witnesses  and  the  production  of  papers,  and  to  punish  for 
contempt  in  the  same  manner  and  to  the  same  extent  as  courts  of  record. 

General  power  of  commission. 

$  63.  (a)  The  commission  is  hereby  vested  with  full  power,  authority  and  jurisdic- 
tion to  do  and  perform  any  and  all  things,  whether  herein  specifically  designated,  or 
in  addition  thereto,  which  are  necessary  or  convenient  in  the  exercise  of  any  power, 
authority  or  jurisdiction  conferred  upon  it  under  this  act. 

Power  to  issue  writs,  etc. 

(b)  The  commission  and  each  member  thereof  shall  have  power  to  issue  writs  or 
summons,  warrants  of  attachment,  warrants  of  commitment  and  all  necesaaiy  process 


1581  MASTER  AND  SERVANT,  Act  27S1,  §  64 

in  proceedings  for  contempt,  in  like  manner  and  to  the  same  extent  as  courts  of  record. 
The  proces^  issued  bj'  the  commission  or  any  member  thereof  shall  extend  to  all  parts 
of  the  state  and  may  be  served  by  any  persons  authorized  to  serve  process  of  courts  of 
record,  or  by  any  person  designated  for  that  purpose  by  the  commission  or  any  member 
thereof.  The  person  executing  any  such  process  shall  re«5eive  such  compensation  as 
may  be  allowed  bj'  the  commission,  not  to  exceed  the  fees  now  prescribed  by  law  for 
similar  services,  and  such  fees  shall  be  paid  in  the  same  manner  as  provided  herein 
for  the  fees  of  witnesses. 

Application  for  rehearing. 

§  64.  (a)  Any  party  or  person  aggrieved  directly  or  indirectly  by  any  final  order, 
decision,  award,  rule  or  regulation  of  the  commission,  made  or  entered  under  any  pro- 
vision contained  in  this  act,  may  apply  to  the  commission  for  a  rehearing  in  respect 
to  any  matters  determined  or  covered  by  such  final  order,  decision,  award,  rule  or  regu- 
lation and  specified  in  the  application  for  rehearing  within  the  time  and  in  the  manner 
hereinafter  specified,  and  not  otherwise. 

No  cause  for  action  unless  application  for  rehearing. 

(b)  No  cause  of  action  arising  out  of  any  such  final  order,  decision  or  award  shall 
accrue  in  any  court  to  any  person  until  and  unless  such  person  shall  have  made  appli- 
cation for  such  rehearing,  and  such  application  shall  have  been  granted  or  denied ;  pro- 
vided, that  nothing  herein  contained  shall  be  construed  to  prevent  the  enforcement  of 
any  such  final  order,  decision,  award,  rule  or  regulation  in  the  manner  provided  in 
this  act. 

Grounds  for  application. 

(c)  Such  application  shall  set  forth  specifically  and  in  full  detail  the  grounds  upon 
which  the  applicant  considers  said  final  order,  decision,  award,  rule  or  regulation  is 
unjust  or  unlawful,  and  every  issue  to  be  considered  by  the  commission.  Such  applica- 
tion must  be  verified  upon  oath  in  the  same  banner  as  required  for  verified  pleadings 
in  courts  of  record  and  must  contain  a  general  statement  of  any  evidence  or  other 
matters  upon  which  the  applicant  relies  in  support  thereof.  The  applicant  for  such 
hearing  shall  be  deemed  to  have  finally  waived  all  objections,  irregularities  and  illegali- 
ties concerning  the  matter  upon  which  such  rehearing  is  sought  other  than  those  set 
forth  in  the  application  for  such  rehearing. 

Service  upon  adverse  parties. 

(d)  A  copy  of  such  application  for  rehearing  shall  be  served  forthwith  upon  all 
adverse  parties  by  the  party  applying  for  such  rehearing,  and  any  such  adverse  party 
may  file  an  answer  thereto  within  ten  days  thereafter.  Such  answer  must  likewise  be 
verified.  The  commission  may  require  the  application  for  rehearing  to  be  served  on 
such  other  persons  or  parties  as  may  be  designated  by  it. 

Rehearing. 

(e)  Upon  filing  of  an  application  for  a  rehearing,  if  the  issues  raised  thereby  have 
theretofore  been  adequately  considered  by  the  commission,  it  may  determine  the  same 
by  confirming  without  hearing  its  previous  determination,  or  if  a  rehearing  is  necessary 
to  determine  the  issues  raised,  or  any  one  or  more  of  such  issues,  the  commission  shall 
order  a  rehearing  thereon  and  consider  and  determine  the  matter  or  matters  raised  by 
such  application.  If  at  the  time  of  granting  such  rehearing  it  shall  appear  to  the  sat- 
isfaction of  the  commission  that  no  sufficient  reason  exists  for  taking  further  testimony, 
the  commission  may  reconsider  and  redeterminate  the  original  cause  without  settino-  a 


Act  arsi,  §§  65,  6« 


GENERAL,   LAWS. 


1582 


time  and  place  for  such  further  rehearing.  Notice  of  the  time  and  place  of  such  hear- 
ing, if  any,  shall  be  given  to  the  applicant  and  adverse  parties,  and  to  such  other  per- 
sons as  the  commission  may  order. 

Changing  order,  etc.    Action  within  30  days. 

(f)  If  after  such  rehearing  and  a  consideration  of  all  the  facts,  including  those 
arising  since  the  making  of  the  order,  decision  or  award  involved,  the  commission  shall 
be  of  the  opinion  that  the  original  order,  decision  or  award,  or  any  part  thereof,  is  in 
any  respect  unjust  or  unwarranted,  or  should  be  changed,  the  commission  may  abro- 
gate, change  or  modify  the  same.  An  order,  decision  or  award  made  after  such  rehear- 
ing, abrogating,  changing  or  modifying  the  original  order,  decision  or  award,  shall  have 
the  same  force  and  effect  as  an  original  order,  decision  or  award,  but  shall  not  affect 
any  riglit  or  the  enforcement  of  any  right  arising  from  or  by  virtue  of  the  original 
order,  decision  or  award,  unless  so  ordered  by  the  commission.  An  application  for  a 
rehearing  shall  be  deemed  to  have  been  denied  by  the  commission  unless  it  shall  have 
been  acted  upon  within  thirty  days  from  the  date  of  filing;  provided,  however,  that  the 
commission  may,  upon  good  cause  being  shown  therefor,  extend  the  time  within  which 
it  may  act  upon  such  application  for  not  exceeding  thirty  days. 

Grounds  for  rehearing  of  order  awarding  compensation. 

§  65.  (a)  At  any  time  within  twenty  days  after  the  service  of  any  final  order  or 
decision  of  the  commission  awarding  or  denying  compensation,  or  arising  out  of  or 
incidental  thereto,  any  party  or  parties  aggrieved  thereby  may  apply  for  such  rehear- 
ing upon  one  or  more  of  the  following  grounds  and  upon  no  other  grounds: 

(1)  That  the  commission  acted  without  or  in  excess  of  its  powers. 

(2)  That  the  order,  decision  or  award  was  procured  by  fraud. 

(3)  That  the  evidence  does  not  justify  the  findings  of  fact. 

(4)  That  the  applicant  has  discovered  new  evidence,  material  to  him,  which  he  could 
not,  with  reasonable  diligence,  have  discovered  and  produced  at  the  hearing. 

(5)  That  the  findings  of  fact  do  not  support  the  order,  decision  or  award. 

(b)  Nothing  contained  in  this  section  shall,  however,  be  construed  to  limit  the  grant 
of  continuing  jurisdiction  contained  in  subsection  (d)  of  section  twenty  of  this  act. 

Grounds  for  rehearing  of  order  not  pertaining  to  compensation. 

§  66.  (a)  At  any  time  within  twenty  days  after  the  service  of  any  final  order,  decision, 
rule  or  regulation,  other  than  an  order  or  award  pertaining  to  compensation,  any  party 
or  parties,  person  or  persons  aggrieved  thereby  or  otherwise  affected,  directly  or  indi- 
rectly, may  apply  for  such  rehearing  upon  one  or  more  of  the  following  grounds  and 
upon  no  other  grounds: 

(1)  That  the  commission  acted  without  or  in  excess  of  its  powers. 

(2)  That  the  order  or  decision  was  procured  by  fraud. 

(3)  That  the  order,  decision,  rule  or  regulation  is  unreasonable. 

Right  of  commission  to  adopt  new  rules,  etc. 

(b)  Nothing  contained  in  this  section  shall  be  construed  to  limit  the  right  of  the 
commission,  at  any  time  and  from  time  to  time,  to  adopt  new  or  different  rules  or  regu- 
lations or  new  or  different  standards  of  safety,  or  to  abrogate,  change  or  modify  any 
existing  m\e,  regulation  or  standard,  or  any  part  thereof,  or  to  deprive  the  commission 
of  continuing  jurisdiction  over  the  same,  or  to  prevent  the  enforcement  in  the  manner 
provided  by  this  act,  of  any  rules,  regulations  or  standards  of  the  commission,  or  any 
part  thereof  when  so  adopted,  or  changed,  or  modified. 


15f,3  MASTER  AND   SERVANT.  Act  27S1,  §§  67,  68 

Application  for  writ  of  review. 

§  67.  (a)  Within  thirty  days  after  the  application  for  a  rehearing  is  denied,  or,  if  the 
application  is  granted,  within  thirty  days  after  the  rendition  of  the  decision  on  the 
rehearing,  any  party  affected  thereby  may  apply  to  the  supreme  court  of  this  state,  or 
to  the  district  court  of  appeal  of  the  appellate  district  in  which  such  person  resides, 
for  a  writ  of  certiorari  or  review,  hereinafter  referred  to  as  a  writ  of  review,  for  the 
purpose  of  having  the  lawfulness  of  the  original  order,  rule,  regulation,  decision  or 
award,  or  the  order,  rule,  regulation,  decision  or  award  on  rehearing  inquired  into  and 
determined. 

Record  of  commission. 

(b)  Such  writ  shall  be  made  returnable  not  later  than  thirty  days  after  the  date  of 
the  issuance  thereof,  and  shall  direct  the  commission  to  certify  its  record  in  the  case 
to  the  court.  On  the  return  day  the  cause  shall  be  heard  in  the  court  unless  for  good 
cause  the  same  be  continued.  No  new  or  additional  evidence  may  be  introduced  in  such 
court,  but  the  cause  shall  be  heard  on  the  record  of  the  commission  as  certified  to  by  it. 
The  review  shall  not  be  extended  further  than  to  determine  whether: 

(1)  The  commission  acted  without  or  in  excess  of  its  powers. 

(2)  The  order,  decision  or  award  was  procured  by  fraud. 

(3)  The  order,  decision,  rule  or  regulation  was  unreasonable. 

(4)  If  findings  of  fact  are  made,  such  findings  of  fact  support  the  order,  decision  or 
award  under  review. 

Judgment  of  court. 

(c)  The  findings  and  conclusions  of  the  commission  on  questions  of  fact  shall  be  con- 
clusive and  final  and  shall  not  be  subject  to  review ;  such  questions  of  fact  shall  include 
ultimate  facts  and  the  findings  and  conclusions  of  the  commission.  The  commission  and 
each  party  to  the  action  or  proceeding  before  the  commission  shall  have  the  right  to 
appear  in  the  review  proceeding.  Upon  the  hearing  the  court  shall  enter  judgment 
either  affirming  or  setting  aside  the  order,  decision  or  award  or  may  remand  the  case 
for  further  proceedings  before  the  commission. 

Jurisdiction  of  courts  limited. 

(d)  The  provisions  of  the  Code  of  Civil  Procedure  of  this  state  relating  to  writs  of 
review  shall,  so  far  as  applicable  and  not  in  conflict  with  this  act,  apply  to  proceedings 
in  the  courts  under  the  provisions  of  this  section.  No  court  of  this  state,  except  the 
supreme  court  and  the  district  courts  of  appeal  to  the  extent  herein  specified,  shall 
liave  jurisdiction  to  review,  reverse,  correct  or  annul  any  order,  rule,  regulation,  decision 
or  award  of  the  commission,  or  to  suspend  or  delay  the  operation  or  execution  thereof, 
or  to  restrain,  enjoin  or  interfere  with  the  commission  in  the  performance  of  its  duties ; 
provided,  that  a  writ  of  mandamus  shall  lie  from  the  supreme  court  or  the  district 
courts  of  appeal  in  all  proper  cases. 

Order,  etc.,  suspended  by  application  for  rehearing. 

§  68.  (a)  The  filing  of  an  application  for  a  rehearing  shall  have  the  effect  of  sus- 
pending the  order,  decision,  award,  rule  or  regulation  affected,  in  so  far  as  the  same 
applies  to  the  parties  to  such  application,  unless  otherwise  ordered  by  the  commission, 
for  a  period  of  ten  days,  and  the  commission  may,  in  its  discretion  and  upon  such 
terms  and  conditions  as  it  may  by  order  direct,  stay,  suspend  or  postpone  the  same 
during  the  pendency  of  such  rehearing. 

Stay  of  order  by  court. 

(b)  The  filing  of  an  application  for,  or  the  pendency  of,  a  writ  of  review,  shall  not 
of  itself  stay  or  suspend  the  operation  of  the  order,  decision,  award,  rule  or  regulation 


Act  2781,  §§  60, 70  GENERAL  LAWS.  15S4 

of  the  commission  subject  to  review,  but  the  court  before  which  such  application  is  filed 
may,  in  its  discretion,  stay  or  suspend  in  whole  or  in  part  the  opei-ation  of  the  order, 
decision,  award,  rule  or  regulation  of  the  commission  subject  to  review,  upon  such 
terms  and  conditions  as  it  may  by  order  direct,  except  as  provided  in  the  following 
subsection. 

Written  undertaking  by  petitioner. 

(c)  The  operation  of  any  order  or  award  entered  by  the  commission  under  the  pro- 
visions of  sections  six  to  thirty-one,  inclusive,  of  this  act,  or  any  judgment  entered 
thereon,  shall  not  at  any  time  be  stayed  by  the  court  to  which  petition  is  made  for  a 
writ  of  review,  unless  a  written  undertaking  be  executed  on  the  part  of  the  petitioner 
by  two  or  more  sureties,  to  the  effect  that  they  are  bound  in  double  the  amount  named 
in  such  order,  award  or  judgment;  that  if  the  order,  award  or  judgment  appealad  from, 
or  any  part  thereof,  be  affimied,  or  the  proceeding  upon  review  be  dismissed,  the  peti- 
tioner shall  pay  the  amount  directed  to  be  paid  by  the  order,  award  or  judgment,  or  the 
part  of  such  amount  as  to  which  the  order,  award  or  judgment  is  affirmed,  if  affirmed 
only  in  part,  and  all  damages  and  costs  which  may  be  awarded  against  the  petitioner; 
and  that,  if  the  said  petitioner  does  not  make  such  payment  within  thirty  days  after 
the  filing  with  the  commission  of  the  remittitur  from  the  reviewing  coui-t,  judgment  may 
be  entered,  on  motion  of  the  adverse  party,  in  his  favor,  and  to  which  the  said  under- 
taking may  be  transferred,  in  any  superior  court  in  which  a  certified  copy  of  the  order 
or  award  may  be  filed  against  the  sureties  for  such  amount,  together  with  interest  that 
may  be  due  thereon,  and  the  damages  and  costs  which  may  be  awarded  against  the  said 
petitioner.  The  provisions  of  the  Code  of  Civil  Procedure,  except  in  so  far  as  they  may 
be  inconsistent  with  this  act,  are  applicable  to  said  undertaking.  Such  undertaking 
shall  be  filed  with  the  commission,  and  the  certificate  of  the  commission,  or  any  proper 
officer  thereof,  of  the  filing  and  approval  of  such  undertaking,  is  sufficient  evidence  of 
the  compliance  of  the  petitioner  with  the  provisions  of  this  subsection. 

Interpretation  by  court. 

§  69.  (a)  Whenever  this  act,  or  any  part  or  section  thereof,  is  interpreted  by  a  court, 
it  shall  be  liberally  construed  by  such  court  with  the  purpose  of  extending  the  benefits 
of  the  act  for  the  protection  of  persons  injured  in  the  course  of  their  employment. 

Constitutionality. 

(b)  If  any  section,  subsection,  subdivision,  sentence,  clause  or  phrase  of  this  act  is 
for  any  reason  held  to  be  unconstitutional,  such  decision  shall  not  affect  the  validity  of 
the  remaining  portions  of  this  act.  The  legislature  hereby  declares  that  it  would  have 
passed  this  act,  and  each  section,  subsection,  subdivision,  sentence,  clause  or  phrase 
thereof,  irrespective  of  the  fact  that  any  one  or  more  sections,  subsections,  subdivisions, 
sentences,  clauses  or  phrases  is  declared  unconstitutional. 

Employers  engaged  in  interstate  commerce. 

(c)  This  act  shall  not  be  construed  to  apply  to  employers  or  employments  which, 
according  to  law,  are  so  engaged  in  interstate  commerce  as  not  to  be  subject  to  the  legis- 
lative power  of  the  state,  or  to  employees  injured  while  they  are  so  engaged,  except  in 
so  far  as  this  act  may  be  permitted  to  apply  under  the  provisions  of  the  constitution 
of  the  United  States  or  the  acts  of  congress. 

Other  employers  may  come  under  provisions  of  act. 

§  70.  (a)  Any  employer,  having  in  his  employment  any  employee  not  included  within 
the  tei-m  "employee"  as  defined  by  section  eight  of  this  act  or  not  entitled  to  compen- 
sation under  this  act,  and  any  such  employee,  may,  by  their  joint  election,  elect  to  come 
under  the  compensation  provisions  of  this  act  in  the  manner  hereinafter  provided. 


1585  MASTER  AND  SERVANT.  Act  2781,  §  71 

(b)  Such  election  on  the  part  of  the  emplo3'er  shall  be  made  by  filing  with  the  com- 
mission a  written  statement  to  the  effect  that  he  accepts  the  compensation  provisions 
of  this  act,  which,  when  filed,  shall  operate,  within  the  meaning  of  section  six  of  this 
act,  to  subject  him  to  the  compensation  provisions  thereof,  and  of  all  acts  amendatory 
thereof,  for  the  term  of  one  year  from  the  date  of  filing,  and  thereafter  without  further 
act  on  his  part,  for  successive  terms  of  one  year  each,  unless  such  employer  shall,  at 
least  sixty  days  prior  to  the  expiration  of  such  first  or  succeeding  year,  file  in  the  office 
of  the  commission  a  notice  in  writing  that  he  withdraws  his  election.  Such  acceptance 
shall  be  held  to  include  employees  whose  employment  is  both  casual  and  not  in  the 
course  of  the  trade,  business,  profession  or  occupation  of  the  employer,  unless  expressly 
excluded  therefrom.  In  case  any  employer  is  insured  against  liability  for  compensa- 
tion under  this  act,  he  shall  be  deemed  to  have  so  elected  during  the  period  that  such 
policy  shall  remain  in  force,  without  filing  such  written  notice  with  the  commission,  as 
to  all  classes  of  employees  covered  by  such  policy  of  insui'ance,  anything  in  this  act  to 
the  contrary  notwithstanding. 

Other  employers  subject  to  compensation  privileges  when. 

(c)  Any  employee  in  the  service  of  any  employer  who  has  made  an  election  in  either 
of  the  modes  above  prescibed,  shall  be  deemed  to  have  accepted,  and  shall,  within  the 
meaning  of  section  six  of  this  act,  be  subject  to  the  compensation  provisions  of  this  act, 
and  of  any  act  amendatory  thereof,  at  the  time  of  the  injury  for  which  liability  is 
claimed : 

(1)  The  employer  charged  with  such  liability  is  subject  to  the  compensation  pro- 
visions of  this  act,  whether  the  employee  has  actual  notice  thereof  or  not;  and 

(2)  Such  employee  shall  not,  at  the  time  of  entering  into  the  employment,  have  given 
to  his  employer  notice  in  writing  that  he  elects  not  to  be  subject  to  the  compensation 
provisions  of  this  act;  or,  in  the  event  that  such  employment  was  entered  into  in 
advance  of  the  election  by  the  employer,  such  employee  shall  have  given  to  his  em- 
ployei  notice  in  writing  that  he  elects  to  be  subject  to  such  provisions,  or  without  giving 
either  of  such  notices,  shall  have  remained  in  the  service  of  such  employer  for  five  days 
after  the  employer  has  filed  his  election,  in  which  case  the  time  at  which  the  employee 
becomes  subject  to  said  compensation  provisions  shall  be  deemed  to  be  at  the  beginning 
of  said  period. 

State  employments. 

(d)  The  state,  and  all  political  or  other  subdivisions  thereof,  as  defined  in  section 
seven,  and  all  state  institutions,  shall  be  conclusively  presumed  to  have  elected  to  come 
within  the  provisions  of  this  act  as  to  all  employments  otherwise  excluded  from  this 
act. 

Acceptance  of  act  of  1913  continued. 

(e)  All  written  acceptances  tiled  by  en^ployers  with  the  commission  prior  to  the  tak- 
ing effect  of  this  act,  accepting  the  provisions  of  the  workmen's  compensation,  insur- 
ance and  safety  act,  chapter  one  hundred  seventy-six,  statutes  of  1913,  and  all  acts 
amendatory  thereof,  shall,  unless  written  notice  be  given  to  the  contrary  by  said  em- 
ployer within  sixty  days  after  the  taking  effect  of  this  act,  be  deemed  acceptances  of 
the  provisions  of  this  act,  and  all  acts  amendatory  thereof,  in  accordance  with  the  pro- 
visions of  this  section. 

Repealed.    Continued. 

§  71.  Sections  two,  twelve,  thirteen,  fourteen,  fifteen,  sixteen,  seventeen,  eighteen, 
nineteen,    twenty,    twenty-one,    twenty-two,    twenty-three,    twenty-four,    twenty-five. 

Gen.  Laws — 100 


Act  2781,  §§  72-T4 


GENERAL,   LAWS. 


15Sfl 


twenty-six,  twenty-seven,  twenty-eight,  twenty-nine,  thirty,  thirty-one,  thirty-two, 
thirty-three,  thirty-four,  thirty-five,  lifty-one,  fifty-two,  fifty-three,  fifty-four,  fifty-five, 
fifty-six,  fifty-seven,  fifty-eight,  fifty-nine,  sixty,  sixty-one,  sixty-two,  sixty-three,  sixty- 
four,  sixty-five,  sixty-six,  sixty-seven,  sixty-eight,  sixty-nine,  seventy,  seventy-one,  sev- 
entv-two,  seventy-three,  seventy-four,  seventy-five,  seventy-five  a,  seventy-six,  seventy- 
seven,  seventy-eight,  seventy-nine,  eighty,  eighty-one,  eighty-two,  eighty-three,  eighty- 
four  ei"'htv-five,  eighty-six  and  eighty-seven  of  chapter  one  hundred  seventy-six,  stat- 
utes of  1913,  and  all  other  acts  and  parts  of  acts  inconsistent  herewith,  are  hereby 
repealed"  provided,  that  nothing  contained  in  this  act  shall  be  construed  as  limiting  or 
repealing  sections  one,  three,  four,  five,  six,  seven,  eight,  nine,  ten,  eleven,  thirty-six, 
thirty-seven,  thirty-eight,  thirty-nine,  forty,  forty-one,  forty-two,  forty-three,  forty- 
four,'  forty-five,  forty-six,  forty-seven,  forty-eight,  forty-nine,  fifty,  eighty-eight  and 
ninety  of  the  said  chapter  one  hundred  seventy-six,  statutes  of  1913. 

Proceedings,  etc.,  under  act  of  1913  not  disturbed. 

^  72.  Nothing  contained  in  this  act  shall  be  construed  to  limit,  interfere  with,  dis- 
turb, or  render  ineffective  in  any  degree,  any  matter,  proceeding  or  transaction  pend- 
ing, done  or  performed  under  the  provisions  of  chapter  one  hundred  seventy-six,  stat- 
utes of  1913,  and  all  acts  amendatory  thereof,  or  supplementary  thereto,  by  the  indus- 
trial accident  commission,  or  any  department  or  division  thereof,  or  to  affect  any  right 
or  liability  accrued  or  accruing  or  to  accrue  under  said  acts,  but  each  and  every  part 
thereof  are  hereby  expressly  saved  and  continued  under  the  jui'isdiction  of  said  indus- 
trial accident  commission,  with  full  power,  authority  and  jurisdiction,  and  with  the 
right  and  duty  in  said  industrial  accident  commission  to  fully  administer  and  dispose 
of  the  same. 

[Compensation  provisions  have  no  retroactive  effect.] 

^  73.  The  compensation  provisions  of  this  act,  except  procedural  provisions,  shall 
not  apply  to  any  injury  sustained  prior  to  the  taking  effect  hereof. 

In  effect  when. 

^  7-i.     This  act  shall  take  effect  on  the  first  day  of  January,  1918. 


I.  Constitutionality. 

II.   ROSEBERRY  ACT. 

III.  Construction  of  Act. 
rV.  Liability  for  Compensatiow. 
1.  Employer. 

a.  In  general. 

b.  Identity  of  employer. 

c.  "Gross  negligence" — Serious  and 

willful  misconduct  of   employer. 
ff.  IrxMirance  carrier. 

V.  Right  to  Compensation. 

I.  Employee. 

a.  In   general. 

b.  Employment. 

c.  Minors. 

d.  Official. 

e.  Independent  contractor. 

f.  Partners  as  employees. 

VI.  Conditions  of  Compensation. 

a.  Arising  out  of  employment. 

b.  Course  of  employment. 

e.  Proximately    caused     by    employ- 
ment. 


VII.    Conditions    Avoiding    Liability    for 
Compensation. 

1.  Excluded  employments. 

a.  In   general. 

b.  Domestic  service, 

c.  Farm  labor. 

d.  Horticulture. 

e.  Casual  and  not  in  usual  course  of 

employer's  business. 
'         g.  Serious  and  willful  misconduct  of  em- 
ployee. 

Vm.  Award  of  Compensation. 
1.  Compensation. 

a.  In  general. 

b.  Medical  and  surgical  treatment. 

c.  Death   benefit. 

d.  Burial  expenses. 

e.  Liens. 

S.  Computation. 

a.  Disability. 

b.  Earnings. 
5.  Dependency. 


J38T 


MASTER  AND   SERVANT. 


Act  2781 


IX.  Payment  of  Compensation. 
X.  Practice  and  Pboceduke. 

I.  Jurisdiction. 

a.  In  general. 

b.  Interstate   commeree. 

c.  Maritime  jurisdiction. 

d.  Extraterritorial. 
g.  Notice  of  injury. 

5.  Application. 

4.  Evidence. 

6.  Instructions, 

6.  Findings. 

7.  Orders. 

8.  Statute  of  limitations, 

9.  Judgment  or  award, 

a.  Finality  and  eonclusivenesa. 

b.  Alteration,  amendment,  etc. 

10.  Behearing. 

II.  Eeview. 

XL  Miscellaneous. 
1.  Belease. 

5.  Assignment  of  claim, 
S.  Sxbhrogation. 

4.  Election  of  remedies. 

5.  Action  against  tort-feasor. 

6.  Jurisdiction  of  state  courts. 

L    Constitutionality. 

1.  Eoseberry  act. 

2.  Same — Not  "class  legislation." 

3.  Same  —  Jurisdiction     of     supreme 

court. 
Same — Industrial     Accident     Com- 
mission validly  constituted. 
Act  of  1913.     Not  unconstitutional 

as  to  payment  to  aliens. 
Same — Not  inimical  to  federal  con- 
stitution. 
Same — Provision  as  to  death  bene- 
fits constitutional. 
Same — Valid    marriage    immaterial 
to  dependency. 
Object  of  constitutional  amendment. 
Same — Discrimination  as  to  burial 

expenses. 
Same — "Due  process." 
Same — Same — Employer's   freedom 
from    liability     not    a    property 
right. 
Same— Same — Change    of    existing 

rules  as  to  liability. 
Same — ' '  Classification. ' ' 
Same  —  Same  —  Exception        from 

benefits  of  certain  classes. 
Same — Extra      hazardous      occupa- 
tions. 
Same — Legislative  power  to  create 

new  liability. 
Same — ^Legislative   power — Injuries 
outside  of  employment. 
18a,  18b.  Same — Same — Settlement     of     dis- 
putes   arising    under    the   consti- 
tutional provision  only. 
19-  19b.  Same — Same— Settlement     of     dis- 
putes  other   than   those   between 
employer  and  employee. 

20.  Same — Legislative  power  _  to  vest 
commission  with  judicial  func- 
tions. 

21.  Same — Subsection  17   (a)    (3). 


4. 


6. 


8. 

9. 

10. 

11. 

12. 


13. 

14. 

15. 

16. 
17. 
18. 


22.  Same — Hearsay  testimony. 

23.  Act  of   1917— Increase  of  compen- 

sation for  serious  and  wilful  mis- 
conduct  of  employer. 

24.  Same— Sections  25  and  58  not  vio- 

lative of  federal  or  state  consti- 
tutions. 

25.  Same— Section     30 — Liability     of 

third  persons. 
26-  32.     Same— Extra   territorial   operation. 

33.  Same — Imposes  charge  on  industry, 

not  on  individual. 

34.  Same — Section     8b— Definition     of 

"independent  contractor." 

35.  Same— Same— ' '  Employers, ""  em- 

ployees," "employment." 

36.  Same — Same. 

1.  Roseberry  act. — The  general  scheme 
of  the  workmen's  compensation  act  of  1911 
(Stats.  1911,  p.  796)  is  constitutional,  the 
provisions  allowing  awards  for  death  bene- 
fits are  valid,  and  the  act  authorizes  awards 
for  injuries  received  by  mariners  in  navi- 
gable waters.— North  Pacific  S.  S.  Co.  v.  In- 
dustrial Ace.  Com.,  174  Cal.  500,  501.  163 
Pac.  910. 

2.  Same  —  Not  "class  legislation." — The 
Roseberry  act  is  not  "class  legislation"  and 
not  unconstitutional  on  that  ground. — Blox- 
ham  V.  Tehama,  etc.,  Co.,  29  Cal.  App.  326, 
155   Pac.   654. 

3.  Same — Jurisdiction  o£  supreme  court. 
In  the  absence  of  some  special  constitu- 
tional authorization — and  there  was  none 
such  when  the  Roseberry  act  was  passed — 
the  constitutional  jurisdiction  of  the  su- 
preme court  could  not  be  taken  away  or 
impaired  by  legislative  act. — Great  Western 
Power  Co.  v.  Pillsbury,  170  Cal.  180,  182, 
149  Pac.   35. 

4.  Same — Industrial  accident  commission 
validly  con.stituted. — The  industrial  accident 
commission  is  a  validly  constituted  com- 
mission empowered  to  apply  the  Roseberry 
act  to  cases  arising  before  January  1,  1914. 
— Great  Western  Power  Co.  v.  Pillsbury, 
170   Cal.    180,    182,    149    Pac.    35. 

5.  Act  of  1913 — Not  unconstitutional  as 
to  payment  to  aliens. — The  workmen's  com- 
pensation, insurance  and  safety  act  of  1913 
is  not  unconstitutional  because  of  a  require- 
ment as  to  payment  to  aliens. — Western 
Metal  Supply  Co.  v.  Pillsbury,  172  Cal.  407. 
414,   Ann.   Cas.   1917B,    390,   156   Pac.    491. 

6.  Same — Not  inimical  to  federal  consti- 
tution.— The  provisions  in  the  workmen's 
compensation,  insurance  and  safety  act  of 
1913,  relative  to  death  benefits  are  not 
inimical  to  the  federal  constitution. — West- 
ern Metal  Supply  Co.  v.  Pillsbury,  172  Cal. 
407,   414,   Ann.  Cas.   1917E,   390,   156  Pac.   491. 

See,  also,  Kirkpatrick  v.  Industrial  Acci- 
dent Commission,  31  Cal.  App.  668,  161  Pac. 
274. 

7.  Same — Provision  as  to  deatb  benefits 
constitutional. — The  provision  for  death 
benefits  to  dependents  in  the  act  of  1913, 
is  constitutional. — Kirkpatrick  v.  Industrial 
Accident  Commission,  31  Cal.  App.  668,  161 
Pac.   274. 

See,   also.  Western,   etc.,   Co.   v.   Pillsbury, 


kct  2781 


GENERAL,   LAWS. 


1588 


172  Cal.    407,   Ann.   Cas.   1917E,    390,   156   Pac. 
491. 

8.  Same — Valid  marriagre  immaterial  to 
ileiiendency. — The  legislature  had  the  right 
to  make  the  requirement  of  a  valid  mar- 
riage inapplicable  in  determining  the  ques- 
tion of  dependency. — Temescal  Rock  Com- 
pany V.  Industrial  Accident  Co.,  180  Cal. 
637,  182  Pac.  447;  (Rodriguez  v.  Temescal 
Rock  Company,   5   I.   A.   C.   Dec.   202.) 

9.  Object  of  constitutional  amendment. — 
The  object  and  purpose  of  section  21,  ar- 
ticle 20,  of  the  constitution,  was  to  estab- 
lish the  authority  of  the  legislature  to  pass 
laws  making  the  relation  of  employer  and 
employee  subject  to  a  system  of  rights  and 
disabilities  different  from  those  prevailing 
at  the  common  law,  and  it  is  to  be  given 
a  reasonable  interpretation. — Western  Metal 
Supply  Co.  v.  Pillsbury,  (Cal.)  3  I.  A.  C. 
Dec.  109  (Mason  v.  Western,  etc.,  Co.,  1 
I.  A.  C.  Dec.  284). 

10.  Same — Di.scrimination  as  to  burial 
e:xi»eii»es. — The  legislature  had  power  to 
make  a  discrimination  in  allowing  burial 
expenses  in  cases  of  partial  dependency  and 
not  in  cases  of  total  dependency,  and  the 
provisions  of  the  act  in  that  respect  are 
not  invalid. — Northern,  etc.,  Co.  v.  Indus- 
trial Accident  Commission,  34  Cal.  App.  2, 
166  Pac.  828. 

11.  Same — "Due  process." — The  act  of 
1913  is  held  not  violative  of  the  "due  proc- 
ess" and  "equal  protection"  clauses  of  the 
federal  constitution,  and  to  be  a  valid  exer- 
cise of  the  police  power. — Western  Indem- 
nity Co.  V.  Pillsbury,  170  Cal.  686,  701,  151 
Pac.   398. 

12.  Same  —  Same  ^  Employer's  freedom 
from  liability  not  a  property  right. — Free- 
dom from  liability  on  the  part  of  an  em- 
ployer who  has  been  guilty  of  no  fault  is 
not  a  fundamental  property  right. — Western 
Indemnity  Co.  v.  Pillsbury,  170  Cal.  686,  696, 
151   Pac.  398. 

13.  Same  —  Same  —  Change  of  existing 
rules  as  to  master's  liability. — A  law  which 
disturbs  no  vested  right  of  property,  which 
is  not  retroactive  in  its  operation  upon  the 
conduct  of  persons,  but  which,  looking  to 
the  future  merely  changes  the  existing 
rules  governing  the  liability  of  masters  for 
injuries  caused  by  accidents  occurring  to 
their  servants  while  in  the  service,  does  not 
come  within  the  scope  of  the  fourteenth 
amendment. — Western  Indemnity  Co.  v. 
Pillsbury,   170   Cal.   686,    698.    151    Pac.    398. 

14.  Same — "Classification."  —  The  classi- 
fication of  the  legislature  in  excluding  cer- 
tain kinds  of  employees  from  the  benefit  of 
the  act  is  held  to  be  reasonable,  and  not 
arbitrary. — Western  Indemnity  Co.  v.  Pills- 
bury, 170  Cal.  686,  702,  151  Pac.  398. 

15.  Same — Same — Exception  from  bene- 
fits of  certain  classes. — The  exception  of 
casual,  farm,  and  other  employees  from  the 
benefit  of  the  act  does  not  make  the  Boyn- 
ton  act  special  legislation,  and  does  not  in- 
validate the  act  as  a  non-compliance  with 
the  provisions  of  section  21,  article  XX,  of 
the  constitution. — Western  Indemnity  Co.  v. 


Pillsbury,  170  Cal.  686,  701,  702,  151  Pac. 
398. 

IG.      Same — Extra    hazardous    occupations. 

— The  fact  that  the  act  is  not  limited  in 
its  application  to  extra  hazardous  occupa- 
tions is  immaterial  so  far  as  concerns  the 
fourteenth  amendment. — Western  Indem- 
nity Co.  v.  Pillsbury,  170  Cal.  686,  699,  151 
Pac.    398. 

17.  Same — I^egislatlve  poTver  to  create 
new  liability. — Section  21,  article  XX,  of 
the  constitution  measures  and  limits  the 
power  to  create  a  new  liability  arising  out 
of  the  relations  of  employer  and  employee 
and  a  tribunal  to  settle  disputes  arising 
out  of  such  to  be  created  liability. — Pacific 
Coast  Casualty  Co.  v.  Pillsbury,  171  Cal. 
319,   322,   153   Pac.  24. 

18.  Same  —  Legislative  po^ver  —  Injuries 
outside  of  employment. — If  the  provisions 
of  paragraph  (e)  of  section  16  of  the  act 
constitute  an  exception  to  the  rule  of  com- 
pensation which  exclude  all  other  excep- 
tions, and  authorize  the  commission  to 
award  compensation  for  subsequent  in- 
juries not  occurring  during  the  employment, 
it  is  beyond  the  authority  given  the  legis- 
lature by  the  constitution,  and  that  para- 
graph must  be  construed  so  as  to  have  no 
effect  whatever  upon  the  question  of  com- 
pensation for  such  injuries  that  do  not  oc- 
cur during  the  employment,  except  when 
the  complication  named  arises. — Pacific 
Coast  Casualty  Co.  v.  Pillsbury,  171  Cal. 
319,    324,    153    Pac.    24. 

18a.  Same — Same — Settlement  of  dis- 
putes arising  under  the  constitutional  pro- 
vision only. — The  legislature  is  empowered 
to  provide  for  the  settlement  of  disputes 
only  which  are  contemplated  by  section  21, 
article  XX,  of  the  constitution. — Western 
Metal  Supply  Co.  v.  Pillsbury,  172  Cal.  407, 
156  Pac.  491;  Carstens  v.  Pillsbury,  172  Cal. 
572,   158  Pac.    218. 

ISb.  Section  25  of  the  act  of  1917  is  un- 
constitutional in  so  far  as  it  attempts  to 
authorize  the  commission  to  award  com- 
pensation against  a  third  person  not  an 
employer. — Perry  v.  Industrial  Accident 
Commission,  180  Cal.  497,  181  Pac.  788,  789; 
Pacific  Gas  and  Electric  Co.  v.  Industrial 
Accident  (;;ommission,  180  Cal.  497,  180  Pac. 
788,  789;  Kendall  v.  Perry,  5  I.  A.  C.  Dec. 
167. 

19.  Same — Same — Settlement  of  disputes 
other  than  those  betw-een  employer  and  em- 
ployee.— The  legislature  can  not  empower 
the  commission  to  settle  disputes  and  al- 
low compensation  from  an  employer  to  a 
person  who  has  been  or  is  an  employee,  for 
a  personal  injury  which  was  not  incurred 
by  him  "in  the  course  of"  his  employment, 
or  which  happened  after  the  employment 
had  ceased  and  was  not  the  natural  and 
proximate  result  of  the  employment,  or  of 
some  injury  which  did  occur  in  the  course 
of  his  employment. — Pacific  Coast  Casualty 
Co.  V.  Pillsbury,  171  Cal.  319,  322,  153  Pac. 
24. 

19a.  The  provisions  of  section  21,  article 
XX,  of  the  constitution,  grants  the  power 
to   confer  judicial  power  upon   the  commis- 


15S0 


MASTER  AND   SERVAXT. 


Act  2781 


sion  "to  create  and  enforce  a  liability  on 
the  part  of  all  employers"  only,  and  this 
does  not  include  the  power  to  create  and 
enforce  the  liability  of  any  person  not  an 
employer. — Carstens  v.  Pillsbury,  172  Cal. 
572.    158    Pac.    218. 

19b.  The  amendment  of  section  21,  article 
XX,  of  the  constitution,  does  not  ratify  the 
legislation  in  section  30  of  the  act  of  1913, 
which  was  held  unconstitutional  in  Car- 
stens V.  Pillsbury,  172  Cal.  572,  158  Pac.  218; 
Perry  v.  Industrial  Accident  Commission, 
180  Cal.  497,  181  Pac.  788,  789;  Pacific  Gas 
and  Electric  Co.  v.  Industrial  Accident 
Commission,  180  Cal.  497,  181  Pac.  788,  789. 
(Kendall  v.  Perry,   5  I.  A.   C.  Dec.  167.) 

20.  Same — Le^slative  poTver  to  vest 
commission  vrith  judicial  fanctions. — The 
power  to  determine  the  existence  of  a  right 
to  an  award  and  to  fix  the  amount  thereof 
is  a  judicial  power  which,  in  view  of  sec- 
tion 1,  article  VI,  of  the  constitution,  in  the 
absence  of  a  special  enabling  provision  of 
the  constitution,  the  legislature  can  not 
vest  in  the  commission  in  the  absence  of  a 
special  enabling  provision  therefor,  and 
such  provision  is  found  in  section  21,  ar- 
ticle XX,  of  the  constitution. — Western 
Metal  Supply  Co.  v.  Pillsbury,  172  Cal.  407, 
410,  Ann.  Cas.  1917E.  390,  156  Pac.  491,  3 
I.  A.  C.  Dec.  109  (Mason  v.  Western  Metal, 
etc.,   Co.,   1   I.  A.   C.  Dec.    284). 

21.  Same — PoTver  of  legislature  to  pro- 
vide for  death  benefits. — Independently  of 
section  21,  article  XX,  of  the  constitution, 
the  commission  has  no  power  to  make  an 
award  against  an  employer  in  favor  of  the 
dependents  of  a  deceased  employee,  where 
death  is  the  result  of  accident. — Western 
Metal  Supply  Co.  v.  Pillsbury,  172  Cal.  407, 
410,  Ann.  Cas.  1917E,  390,  156  Pac.  491,  3 
I.  A.  C.  Dec.  109  (Mason  v.  Western  Metal, 
etc.,  Co.,  1  I.  A.  C.  Dec.   284). 

21.  Same — Subsection  17  (a)  (3). — Sub- 
section 17  (a)  (3)  of  the  act  of  1913  as 
amended  in  1915  is  not  unconstitutional  as 
a  grant  of  legislative  power  to  the  indus- 
trial accident  commission  in  permitting 
such  body  to  fix  the  multiplier  in  comput- 
ing annual  earnings,  but  is  a  grant  of  ju- 
dicial power. — City  of  Los  Angeles  v.  In- 
dustrial Accident  Commission,  25  Cal.  App. 
Dec.   100,  4  I.  A.  C.  Dec.  227. 

22.  Same — Hearsay  testimony. — The  pro- 
visions of  section  77  (a)  of  the  act  of  1913 
as  amended  in  1915,  permitting  hearsay 
testimony  of  statements  made  by  a  de- 
ceased employee  relating  directly  to  his  in- 
jury, are  constitutional. ^-Western  Indem- 
nity Co.  V.  Industrial  Accident  Commission, 
174  Cal.  315,  163  Pac.  60,  4  I.  A.  C.  Dec.  39. 

23.  Act  of  1917 — Increase  of  compensa- 
tion for  serious  and  trilful  misconduct  of 
employer. — The  provisions  of  section  6b  of 
the  act  for  the  increase  of  compensation  by 
one-half  where  the  injury  was  caused  by 
the  serious  and  wilful  misconduct  of  the 
employer  are  constitutional. — Horst  Co.  v. 
Industrial  Accident  Commission,  (Cal.)  193 
Cal.  105. 

24.  Same — Sections  25  and  58  not  viola- 
tive   «f   federal   or  state   constitution. — Sec- 


tion 58  of  the  act  is  not  violative  of  sec- 
tion 10,  of  article  I,  section  2,  of  article  IV, 
or  section  1,  of  article  XIV,  of  the  amend- 
ments of  the  federal  constitution,  and  sec- 
tion 25  of  the  act  Is  not  violative  of  sec- 
tion 21,  of  article  XX,  of  the  constitution 
of  California. — Owe  Ming  v.  Alaska  Pack- 
ers Association,  6  I.  A.  C.  Dec.  67.  Award 
in  this  case  annulled  by  the  supreme  court 
on  ground  of  unconstitutionality  of  section 
58    (?). 

25.  Same — Section  30 — Liability  of  third 
persons. — Under  the  constitution  the  legis- 
lature has  no  power  to  confer  judicial  au- 
thority to  inquire  into,  determine  and  en- 
force liability  under  section  30,  workmen's 
compensation,  insurance  and  safety  act.  in 
favor  of  an  employee  against  persons  other 
than  his  immediate  employee. — Thaxter  v. 
Finn,  178  Cal.  270,  272,  173  Pac.  163. 

26.  Same — Extra-territorial  operation. — - 
The  legislature  has  power  to  provide  for  the 
creation  of  a  compulsory  obligation  to  com- 
pensate for  an  injury  suffered  elsewhere  as 
an  incident  of  a  contract  of  employment 
entered  into  In  this  state,  whether  the  con- 
tracting employee  be  a  citizen  of  this  state 
or  not. — Quong  Ham  Wah  Co.  v.  Industrial 
Accident  Commission  (Cal.),  6  I.  A.  C.  Dec. 
248  (Owe  Ming  v.  Alaska  Packers  Associa- 
tion,  6  I.  A.   C.   Dec.   67). 

27.  Section  58  of  the  act  of  1917  is  un- 
constitutional.— Quong  Ham  Wah  Co.  v. 
Industrial  Accident  Commission  (Cal.),  6 
I.  A.  C.  Dec.  248  (Owe  Ming  v.  Alaska 
Packers  Association,   6  I.   A.  C.  Dec.   67). 

28.  Inasmuch  as  a  non-resident,  under 
the  act  has  no  standing  before  the  commis- 
sion or  before  any  California  court,  to  make 
a  claim  for  compensation  under  the  act,  no 
member  of  the  class  discriminated  against 
in  section  58  of  the  act  can  ever  raise  the 
constitutional  question,  and,  therefore,  any 
person  whose  rights  are  directly  affected 
thereby  may  assail  its  constitutionality. — 
Quong  Ham  Wah  Co.  v.  Industrial  Acci- 
dent Commission,  59  Cal.  Dec.  18,  6  I.  A.  C. 
Dec.  248  (Owe  Ming  v.  Alaska  etc.,  6  I.  A.  C. 
Dec.    67). 

Affirmed  on  rehearing  as  to  right  of  em- 
ployer to  raise  constitutional  question. — 
Quong  Ham  Wah  Co.  v.  Industrial  Accident 
Commission    (Cal.),    192    Pac.    1021. 

29.  The  fact  that  a  person's  own  rights 
are  directly  affected  entitles  him  to  attaclc 
the  constitutionality  of  the  act. — Quong 
Ham  Wah  Co.  v.  Industrial  Accident  Com- 
mission (Cal.),  6  I.  A.  C.  Dec.  248  (Owe 
Ming  V.  Alaska  Packers  Association,  6 
I.  A.  C.  Dec.   67). 

But  see  Estabrook  Co.  v.  Industrial  Acci- 
dent Commission,  177  Cal.  767,  769,  177  Pac. 
848. 

30.  Section  58  of  the  act  of  1917  so  far 
as  it  attempts  to  provide  a  substantial 
privilege  as  an  incident  to  a  contract  of 
employment  in  this  state  to  citizens  of  this 
state,  and  that  such  privilege  shall  not  be 
incident  to  identical  contracts  entered  into 
in  this  state  by  citizens  of  other  states,  is 
in  contravention  of  the  equal  privileges  and 
immunities   clause   of   the   federal   constitu- 


Act  2781 


GENERAL.  LAWS. 


1500 


tion.— Qiionp  Ham  TVah  Co.  v.  Industrial 
Accident   Commission    (Cal.)    192   Pac.   1021. 

32.  Section  58  of  the  net  of  1017  is  not 
invalid  because  in  contravention  of  the 
equal  privileges  and  immunities  clause  of 
the  constitution  of  the  United  States,  but 
the  effect  of  that  clause  is  merely  to  ex- 
tend the  operation  of  that  section  so  as  to 
give  the  residents  of  other  states  the  same 
privileges,  without  regard  to  the  Intent  of 
the  legislature. — Quong  Ham  Wah  Co.  v. 
Industrial  Accident  Commission  (Cal.),  192 
Pac.    1021. 

3.1.  Same — Iniiioses  charge  on  Industry 
not  on  individual. — The  act  is  constitutional 
only  because  it  imposes  a  charge  upon  the 
branch  of  industry  and  not  upon  the  indi- 
vidual employer,  and  gives  the  latter  an  op- 
portunity to  protect  himself  by  insurance. — 
Miller  &  Lux,  Inc.,  v.  Industrial  Accident 
Commission,  179  Cal.  764,  7  A.  L.  R.  1191, 
178  Pac.  960,  6  I.  A.  C.  Dec.  34. 

34.  Same — Section  Sb — Definition  of  "in- 
dependent contractor.'*— The  effect  of  the 
definition  of  "independent  contractor,"  as 
given  In  section  8(b)  of  the  act  of  1917,  is 
to  restrict  that  term  and  enlarge  corre- 
spondingly the  meaning  of  the  term  "em- 
ployee." and  to  extend  the  jurisdiction  of 
the  commission  beyond  the  limits  of  the 
original  constitutional  grant  of  section  21, 
article  XX,  of  the  constitution. — Flickenger 
V.  Industrial  Accident  Commission,  58  Cal. 
Dec.  374,  184  Pac.  851,  6  I.  A.  C.  Dec.  169 
(Reeves  v.  Flickenger,  5  Cal.  App.  Dec.  127, 
5  I.  A.  C.  Dec.  173,  6  I.  A.  C.  Dec.  11). 

.I.T.  Same  —  Same  —  "Employers,"  "em- 
ployees," "employment." — The  terms  "em- 
ployers," "employees,"  and  "employment," 
as  used  in  the  1911  amendment  to  section 
21,  article  XX,  of  the  constitution,  must  be 
construed  in  the  light  of  their  meaning  at 
the  time  of  the  adoption  of  that  amendment, 
and  can  not  be  extended  by  legislative 
definition. — Flickenger  v.  Industrial  Acci- 
dent Commission,  58  Cal.  Dec.  374,  185  Pac. 
851,  6  I.  A.  C.  Dec.  1G9  (Reeves  v.  Flick- 
enger, 28  Cal.  App.  Dec.  127,  5  I.  A.  C.  Dec. 
173,   6  I.  A.  C.  Dec.   11). 

3«.  Same — Same. — The  amendment  of 
November  5,  1918,  of  section  21,  article  XX, 
of  the  constitution,  did  not  validate  section 
8    (b)    of    the    act. — Simpson    v.    Decker,    6 

I.  A.  C.  Dec.   216. 

II.  KOSEBERRY   ACT. 

37-  39.     Kequires  election  of  both  employer 
and  employee. 

40.  State  not  liable. 

41.  State  not  liable  as  an  employer. 
41a.  No  rig^ht  of  action  against  a  mu- 
nicipality. 

42.  Liability   of   employer — Negligence 

of  physician. 

43.  Act   compensates   injury   in   course 

of  employment. 

44.  Injury  while  performing,  under  em- 

ployer's   order,    services    outside 
employment. 
45,  46.     Assumption  of  risk  abolished. 
47.     Same — Not  a  defense. 


48-  49a.  Employee  no  longer  assumes  known 
hazard. 

50.  Assumption     of     risk     presupposes 

emploj'er's  negligence. 

51.  Same — Negligence  of  employer  not 

shown. 

52.  Defenses  of  assumption  of  risk  and 

fellow    servant's    negligence   not 
available. 

53.  Negligence    of    fellow    servant    ia 

negligence  of  employer. 

54.  Employer  responsible  for  negligence 

of     fellow    servant    and    unsafe 
place  of  employment. 
65.     Employer  liable  where  injured  em- 
employee      had      direction      and 
control  of  negligent  co-employee. 

56, 56a.  Contributory  negligence  does  not 
bar   recovery. 

57-  59.  Same — Where  employee 's  negli- 
gence slight  and  employer's  gross 
by  comparison. 

60.  Same — Same — Diminish       damages 

proportionately. 

61.  Same  —  Defense   not   destroyed   by 

the  act. 

62.  Question     of    proportionate     negli- 

gence for  the  jury. 

63.  Instruction     as     to     definition     of 

gross  negligence. 

64.  Instruction    as    to    law    of    propor- 

tionate negligence. 

65.  Contributory      negligence      without 

fault  of  employer. 

66.  Contributory       negligence  —  Slight 

negligence  of  employer. 

67.  Contributory   negligence — Violation 

of    statute — Conclusive    presump- 
tion. 
68,  69.     Same — Violation   of   stature   proxi- 
mate cause  of  injury. 

37.  Requires  election  of  both  employer 
and  employee. — The  application  of  the  em- 
ployees' liability  act  of  1911,  depends  upon 
the  election  of  both  employer  and  employee. 
— Miller  v.  Pillsbury,  164  Cal.  199,  203,  Ann. 
Cas.   1914B,   886,   128   Pac.   327. 

38.  The  Roseberry  act  (Stats.  1911.  p. 
796)  is  elective  or  optional,  and  requirea 
both  parties  to  a  contract  of  employment 
to  elect  to  come  under  the  act. — Miller  v. 
Pillsbury,  164  Cal.  199,  Ann.  Cas.  1914B, 
886,  128  Pac.  327. 

30.  The  Roseberry  act  made  application 
to  the  system  of  compensation  for  acci- 
dental injuries  adopted  by  it,  elective. — 
Great  Western  Power  Co.  v.  Pillsbury,  170 
Cal.   180,   183,   149   Pac.   35. 

40.  State  not  liable. — A  sovereign  state 
can  not  be  required  to  compensate  em- 
ployees for  injuries  received  in  its  service, 
and  no  right  of  recovery  against  it  for  such 
injuries,  in  the  absence  of  statute. — Miller 
v.  Pillsbury,  164  Cal.  199.  Ann.  Cas.  1914B, 
886,  128  Pac.   327. 

41.  State  not  liable  as  employer. — The 
state  of  California  is  not  an  employer  with- 
in the  meaning  of  the  employer's  liability 
act  of  1911,  and  is  not  bound  by  the  pro- 
visions of  section  4  thereof  to  make  com- 
pensation  to   an   employee   for  personal   in- 


1591 


MASTKR   AXD   SKRVAIVT. 


Act  2TS1 


juries. — Miller    v.     Pillsburj-,     164    Cal.     199, 
201,   Ann.  Cas.   1914B,    886.   128    Pac.   327. 

41a.  No  rigplit  of  action  against  a  mu- 
nicipality.— No  right  of  action  is  given  by 
the  act  of  1911  (1115)  against  a  munici- 
pality for  a  personal  injury  except  where 
the  officer  charged  with  the  duty  of  re- 
pairing a  street  should  be  innocent  of 
knowledge  or  notice  of  the  condition  of  the 
street  from  which  the  accident  became  pos- 
sible.— Coffey  V.  City  of  Berkeley,  170  Cal. 
258,   262,   149   Pac.   559. 

42.  Liability  of  employer — Xegligence  of 
physician. — The  liability  of  an  employer, 
under  the  Roseberry  act  and  at  common 
law,  for  the  negligence  of  a  physician  en- 
gaged by  him  to  treat  his  employee  is  sec- 
ondary, and  depends  upon  the  showing  of 
negligence  on  the  part  of  the  physician. — 
Foreman  v.  Hunter  Lumber  Co.,  36  Cal. 
App.    763,   173    Pac.    408. 

43.  Act  compensates  injury  in  course  of 
employment. — When  the  Roseberry  act 
limits  its  protection  to  an  employee  who 
shall  sustain  injury  "while  engaged  in  the 
line  of  his  duty  or  in  the  course  of  his  em- 
ployment as  such"  it  means  no  more  than 
to  deny  the  right  to  involve  the  act  to  one 
w^ho,  during  the  hours  of  his  employment, 
is  engaged  in  some  undertaking  which  is 
not  a  part  of  his  duty  under  his  employ- 
ment, as  where  he  occupied  in  affairs  of  his 
own,  or  where  he  undertakes  something 
not  in  the  course  of  his  duty,  as  a  mere 
volunteer. — Burian  v.  Los  Angeles  Cafe  Co., 
173  Cal.  625,   628,   161  Pac.   4. 

44.  Injury  vihile  performing',  unrter  em- 
ployer's order,  services  outside  employment. 
— Where  an  employee  was  performing  serv- 
ices imposed  upon  him  by  his  employer 
under  circumstances  moving  him  to  under- 
take them,  he  is  entitled  to  the  remedial 
provisions  of  the  Roseberry  act,  although 
such  services  were  outside  the  duties  of 
his  usual  vocation  and  employment. — 
Burian  v.  Los  Angeles  Cafe  Co.,  173  Cal. 
625,   627,  161  Pac.  4. 

45.  Assumption  of  risic  abolished. — The 
provision  of  section  1  of  the  employer's 
liability  act  of  1911  (Stats.  1911,  p.  796), 
abolishing  the  doctrine  of  assumption  of 
risk,  applies  to  all  actions  based  on  the 
negligence  of  the  employer  brought  by  an 
employee,  irrespective  of  whether  the  par- 
ties elected  to  come  under  the  act  or  not. — 
Hughes  V.  Warman  Steel  Casting  Co.,  174 
Cal.   556,    565,   163   Pac.   885. 

46.  Under  the  Roseberry  act  the  assump- 
tion of  risk  of  a  known  hazard  is  not  a 
defense  to  a  claim  for  damages  for  personal 
injuries  by  an  employee  against  an  em- 
ployer.— Earl  V.  San  Francisco  Bridge  Co., 
31  Cal.  App.  339,  160  Pac.  570;  Reynolds  v. 
E.  Clemens  Horst  Co.,  35  Cal.  App.  711,  170 
Pac.   1082. 

47.  Same — Not  a  defense. — A  right  of 
action  for  the  death  of  a  mining  employee 
can  not,  in  view  of  the  employer's  liability 
act  of  1911,  be  defeated  on  the  ground  of 
employee's  assumption  of  risk. — Crabbe  v. 
Mammoth,  etc.,  Co.,  168  Cal.  500,  502,  143 
Fac.    714. 


48.  Employee   no   longer  assuntes   kno'wn 

hazard. — Where  an  employee's  work  re- 
quired him  to  pass  over  boards  temporarily 
laid  for  construction  work  and  not  for  use 
as  a  platform  or  place  for  the  workmen  to 
walk,  in  using  such  boards  for  purposes  of 
passing  he  did  not,  since  the  enactment  of 
the  Roseberry  act,  assume  the  risk  of  theii' 
unsafe  condition. — Morrill  v.  Stone  &  Web- 
ster, etc.,   Co.,  177  Cal.  199,   170   Pac.   405. 

49.  An  employee  did  not,  under  the  Rose- 
berry act,  assume  the  risk  arising  from 
the  dangers  of  the  place  in  w^hich  he  was 
at  work. — Nolen  v.  F.  O.  Engstrum  Co.,  175 
Cal.   464,   166   Pac.   346. 

49a.  In  an  action  by  a  fireman  against 
a  railroad  company  for  Injuries  caused  by 
a  permanent  signboard  maintained  by  the 
company  so  close  to  the  track  as  to  strike 
the  plaintiff  while  performing  service  on  a 
passing  engine,  it  was  proper,  under  the 
Roseberry  act  (1911-796)  to  give  an  instruc- 
tion that  the  fireman  did  not  assume  the 
risk  of  the  unsafe  position  of  the  sign 
unless  he  fully  understood,  comprehended 
and  appreciated  the  dangers  incident  there- 
to.— Humphfres  v.  Western  Pacific  Ry.  Co., 
173  Cal.   428,   430,   160  Pac.   415. 

50.  Assumption  of  risk  presupposes  em- 
ployer's negligence. — Assumption  of  risk 
by  an  employee  presupposes  and  must  be 
based  upon  some  act  of  negligence  on  the 
part  of  the  employer. — Burian  v.  Los  An- 
geles Cafe  Co.,  173  Cal.   625,   628,  161  Pac.   4. 

51.  Same— Negligence  of  employer  not 
shown. — An  employer  restaurant  owner  is 
not  guilty  of  negligence  in  directing  a 
minor  employed  by  him  as  a  waiter,  doing 
the  work  and  getting  the  wages  of  an 
adult,  to  carry  a  hundred  and  fifty  pound 
box,  without  giving  him  assistance  or  warn- 
ing him  of  the  danger  of  injury  in  doing 
so. — Burian  v.  Los  Angeles  Cafe  Co.,  173 
Cal.    625,    629,   161    Pac.    4. 

52.  Defenses  of  assumption  of  risk  and 
fello^v  servant's  negligence  not  available. 
— The  defenses  of  assumption  of  risk  and 
negligence  of  a  fellow  servant  were  not 
available  to  a  defendant  employer  under 
the  employer's  liability  act  of  1911  (Stats. 
1911,  p.  796). — Scherer  v.  Danziger,  178  Cal. 
253,  255,  173  Pac.  85. 

53.  Negligence  of  fello^v  servant  is  neg- 
ligence of  employer. — In  view  of  the  em- 
ployer's liability  act  (1911-796)  negligence 
of  fellow  servant  is  the  negligence  of  the 
employer,  and  not  a  defense  in  action  by 
an  employee  for  personal  injuries. — Scott 
v.  McPherson,  168  Cal.  783,  785,  145  Pac. 
529. 

54.  Employer  responsible  for  negligence 
of  felloTt'  servant  and  unsafe  place  of  em- 
ployment.— Under  the  act  of  1911  (796),  an 
employer  is  responsible  for  an  injury  to  an 
employee  resulting  from  the  negligence  of 
a  co-employee,  and  for  all  dangers  arising 
from  the  employment  itself  and  the  place 
where  it  was  carried  on. — Lassen  v.  South- 
ern Pacific  Co.,  l73  Cal.  71,  72,  159  Pac.  143. 

55.  Employer  liable  vyhere  injured  em- 
ployee had  direction  and  control  of  negli- 
gent    co-employee. — Under     the     Roseberry 


Act  2781 


GENERAL!  LAWS. 


1592 


act,  abolishing  the  fellow  servant  defense, 
an  employer  is  liable  for  injury  resulting 
from  the  negrligence  of  a  fellow  servant, 
notwithstanding  the  fact  that  the  injured 
employee  had  the  direction  and  control  of 
his  culpable  fellow  employee. — Gibson  v. 
Kennedy,  etc.,  Co.,  172  Cal.  294.  302,  156 
Pac.    56. 

56.  Contributory  negrllffenoe  does  not  bar 
recovery. — An  employee's  right  of  action 
was  not  destroyed  by  the  fact  of  contribu- 
tory negligence,  under  the  employer's  lia- 
bility act  of  1911  (Stats.  1911,  p.  796).— 
Scherer  v.  Danziger,  178  Cal.  253.  255,  173 
Pac.    85. 

56a.  Under  the  act  of  1011  (796)  the  con- 
tributory negligence  of  an  employee  does 
not  bar  recovery  against  his  employer  for 
an  injury  caused  by  the  latter's  or  a  co- 
employee's  negligence,  if  it  was  slight  and 
that  of  the  employer  or  co-employee  w.as 
gross  by  comparison,  but  the  jury  may 
diminish  the  amount  of  the  recovery  in 
proportion  to  the  negligence  charged  to 
him. — Lassen  v.  Southern  Pacific  Co,  173 
Cal.    71,   73.   159    Pac.    143. 

57.  Same— Where  employee's  negligence 
■light  and  employer's  gross  by  comparison. 
— Under  the  Roseberry  act  contributory 
negligence  does  not  bar  a  recovery  where  it 
is  slight  and  that  of  the  employer  gross  by 
comparison,  but  the  damages  may  be  di- 
minished by  such  contributory  negligence. 
— Tubbs  V.  Stone  &  Webster,  etc..  Co.,  30 
Cal.  App.  705.  159  Pac.  242;  Gideon  v.  How- 
ard, 33  Cal.  App.  5,  164  Pac.  11;  Lincoln  v. 
Pacific  Electric  Ry.  Co.,  33  Cal.  App.  83,  91. 
164  Pac.  412;  West  v.  Jesse  A.  Linney  &  Co., 
33  Cal.  App.  164,  164  Pac.  608. 

58.  Where  an  employee's  contributory 
negligence  was  slight  and  his  employer's 
gross  by  comparison,  his  right  of  recovery 
is  not  barred  completely,  under  the  Rose- 
berry  act. — Cozad  v.  Raisch  Improvement 
Co.,   175  Cal.   619,   166  Pac.   1000. 

59.  Under  the  employer's  liability  act  of 
1911  (Stats.  1911,  p.  796)  an  employee  was 
entitled  to  recover,  even  though  guilty 
of  contributory  negligence,  if  such  con- 
tributory negligence  was  slight  and  that  of 
the  employer  gross  by  comparison. — 
Scherer  v.  Danziger.  178  Cal.  253,  256,  173 
Pac.  85. 

60.  Same — Same — Diminish  damages  pro- 
portionately.— Under  employer's  liability 
act  of  1911  (Stats.  1911.  p.  796)  an  employee 
could  recover  notwithstanding  his  contribu- 
tory negligence,  the  jury  being  permitted 
to  diminish  the  damages  "in  proportion  to 
the  amount  of  negligence  attributable  to 
such  employee." — Scherer  v.  Danziger,  178 
Cal.   253,   256.   173  Pac.  85. 

61.  Same — Defense  not  destroyed  by  the 
act. — The  defense  of  contributory  negli- 
gence was  not  destroyed  by  the  Roseberry 
act,  but  on  the  contrary  the  act  clearly 
recognizes  such  defense. — Schuh  v.  R.  H. 
Herron  Co..  177  Cal.  13.  19,  169  Pac.  682. 

62.  Question  of  proportionate  negligence 
for  the  Jury. — The  question  whether  a 
plaintiff  employee  was  guilty  of  such  gross 
negligence    as    to    bar    him    from    recovery 


under  the  Roseberry  act  (Stats.  1911.  p. 
796),  in  view  of  the  evidence  as  his  inex- 
perience and  disregard  of  directions  of  his 
superior,  was  a  question  for  the  jury. — 
McGuire  v.  Miller  &  Lux.  178  Cal.  644.  645, 
174   Pac.    898. 

63.  Instruction  as  to  definition  of  "gross 
negligence." — It  was  not  error  in  an  in- 
struction on  the  law  of  contributory  negli- 
gence, ajs  qualified  by  the  Roseberry  act, 
to  omit  a  definition  of  "gross"  negligence, 
in  the  absence  of  a  request  for  a  more 
definite  instruction. — Bruce  v.  Western,  etc., 
Co.,   177  Cal.   25.   169   Pac.   660. 

64.  Instruction  as  to  la^v  of  proportion- 
ate negligence. — It  is  proper,  under  the 
Roseberry  act  (1911-796)  to  instruct  a  jury 
in  an  action  by  an  employee  against  an 
employer,  to  the  effect  that  plaintiff's  con- 
tributory negligence,  if  any,  shall  not  bar 
a  recovery  where  such  contributory  negli- 
gence was  slight  and  that  of  the  employer 
gross  by  comparison,  but  that  the  damages 
might  be  diminished  by  the  Jury  in  pro- 
portion to  the  amount  of  negligence  at- 
tributable to  such  employee. — Humphfres  v. 
Western  Pacific  Ry.  Co.,  173  Cal.  428.  436, 
160  Pac.   415. 

63.  Contributory  negligence  vtithout 
fault  of  employer. — The  Roseberry  act  does 
not  impose  liability  on  an  employer  for  in- 
jury to  an  employee  due  solely  to  the  lat- 
ter's own  negligence  and  without  the  fault 
of  the  former. — Spivok  v.  Independent  Sash 
and  Door  Co.,  173  Cal.  438.  440,  160  Pac. 
565. 

66.  Contributory  negligence — Slight  neg- 
ligence of  employer. — The  provisions  of  the 
Roseberry  act  have  no  application  to  a  case 
where,  if  the  employer  was  guilty  of  negli- 
gence at  all  it  was  extremely  slight  as  com- 
pared with  the  very  gross  negligence  of  the 
employee. — Hontz  v.  San  Pedro,  etc.,  Co., 
173  Cal.  750,   759,   161   Pac.   971. 

67.  Contributory  negligence  —  Violation 
of  statute — Conclusive  presumption  of  negli- 
gence.— In  view  of  the  provisions  of  the 
Roseberry  act  declaring  that  it  is  to  be 
conclusively  presumed  that  an  employee 
was  not  guilty  of  contributory  negligence 
in  any  case  where  the  employer's  violation 
of  any  statute  for  the  safety  of  his  em- 
ployees contributed  to  the  injury,  the  re- 
fusal of  all  instructions  based  on  contribu- 
tory negligence  was  proper  under  the  facts 
of  the  present  case. — Frinier  v.  C.  J.  Kubach 
Co..   177  Cal.   722,   171   Pac.   952. 

68.  Same — Violation  of  statute  proxi- 
mate cause  of  injury. — Where  the  presump- 
tion declared  by  the  Roseberry  act  to  bo 
conclusive  rests  upon  the  violation  of  a 
statute  regulating  the  hours  of  labor  of 
minors,  it  must  be  shown  not  only  that  the 
employee  was  working  during  the  forbid- 
den hours,  but  also  that  that  fact  con- 
tributed proximately  to  the  injury. — Wil- 
liams V.  Southern  Pacific  Co.,  173  Cal.  525, 
533,  160  Pac.  660. 

69.  To  warrant  the  presumption  con- 
tained in  the  Roseberry  act  not  only  must 
the  Injury  be  shown,  but  it  must  also  be 
shown    that    the    employer's  'violation    of   a 


IC93 


MASTER  AND   SERVANT. 


Act  2781 


statute  for  the  safety  of  employees  con- 
tributed to  the  injury. — Williams  v.  South- 
ern Pacific  Co.,  173  Cal.  525,  533,  160  Pac. 
660. 

III.     Construction  of  Act. 

70.  State   laws    superseded    by    federal 

act  in  interstate  commerce. 

71.  Strict  construction  not  to  be  given. 

72.  New  system  of  law  of  master  and 

servant. 

73.  Commission     vested     with     judicial 

power   to    determine   liability   of 
employer. 

74.  Statute  adopted  from  another  state 

— Rule  of  construction. 

75.  Law  operates  on  status. 

76.  Relations  depend  upon  the  statute 

not  on  contract. 

77.  Liability   of   employer   arises   from 

act,  not  from  contract. 

78.  Act  is  compulsory  and  does  not  de- 

pend on  election  and  consent  of 
parties. 

79.  Section   75 — Nature  and   extent  of 

proof. 

80.  Fault    or    negligence    of    employer 

necessary. 

81.  Commission  exercises  judicial  func- 

tions. 

82.  Award    against    third    person    not 

authorized. 

83.  Taking     evidence     secretly — "Due 

process." 

84.  Section  24 — Read  and  construed  as 

entirety. 

85.  Comparative      negligence      ignored 

— Rosebferry  act  repealed. 

86.  Repeal  of  Roseberry  act — Intention 

as  to  inclusion  of  county  officers. 

87.  Compensation    for    disease    author- 

ized. 

88.  Accidental  injury — "Accident." 
89,  90.     Same — Assault   may   be   accidental. 

91.  Same — Killing  of  night  watchman. 

92.  Same — Injury    from    use    of    wood 

alcohol. 

93.  Same — Construction  of  English  de- 

cisions. 

70.  State  lavis  superseded  by  federal  act 
in  interstate  commerce. — All  state  laws 
upon  the  subject  of  employer's  liability  for 
his  employees'  injuries  are  superseded  by 
the  federal  act,  so  far  as  relates  to  persons 
employed  in  interstate  commerce,  and  the 
California  commission  has  no  jurisdiction  to 
make  an  award  to  any  one  so  employed. — 
Smith  V.  Industrial  Accident  Commission, 
26   Cal.   App.    560,    147    Pac.    600. 

71.  Strict  construction  not  to  be  given. — 
The  aim  of  section  21,  article  XX,  of  the 
constitution,  is  to  enlarge  the  power  of  the 
legislature,  or  to  remove  doubts  upon  its 
power  to  legislate  on  a  given  subject  and 
the  courts  are  not  to  give  it  too  strict  and 
literal  an  interpretation. — Western  Metal 
Supply  Co.  V.  Pillsbury,  172  Cal.  407,  414, 
Ann.  Cas.   1917E,   390,    156   Pac.   491. 

72.  Kew  system  o£  laiv  of  master  and 
servant. — Section  21,  article  XX,  of  the  con- 
stitution    was     designed     to     empower     the 


legislature  to  establish  a  system  of  law 
making  the  relations  of  master  and  servant 
subject  to  new  rights  and  liabilities  differ- 
ent from  those  at  common  law. — Western 
Metal  Supply  Co.  v.  Pillsbury,  172  Cal.  407. 
414,   Ann.   Cas.   1917E,    390,   156   Pac.   491. 

73.  Commission  vested  with  Judicial 
power  to  determine  liability  of  employer. — 
Section  21,  article  XX,  of  the  constitution, 
authorizes  the  legislature  to  create  and  en- 
force a  liability  on  the  part  of  an  employee 
for  an  award  to  the  dependents  of  a  de- 
ceased employee  where  death  resulted  from 
accident  and  was  authorized  thereunder  to 
vest  in  the  commission  the  judicial  power 
to  determine  such  liability. — Western  Metal 
Supply  Co.  V.  Pillsbury,  172  Cal.  407,  410, 
Ann.   Cas.  1917E,   390,   156  Pac.   491. 

74.  Statute  adopted  from  another  state — 
Rnle  of  construction. — The  rule  that  when 
a  statute  is  adopted  and  re-enacted  from 
another  state,  it  is  so  adopted  and  re- 
enacted  in  consonance  with  the  judicial 
construction  given  it  in  the  courts  of  the 
state  of  its  virgin,  applies  to  the  clauses  of 
the  workmen's  compensation  act  of  Cali- 
fornia taken  literally  from  the  workmen's 
compensation  act  of  England. — Ocean,  etc., 
Co.  V.  Industrial  Accident  Commission,  173 
Cal.  313,  317,  L.  R.  A.  1917B,  336,  159  Pac. 
1041. 

75.  Law  operates  on  status. — This  law 
operates  upon  the  status  of  employer  and 
employee,  and  affixes  certain  rights  and  ob- 
ligations to  that  status. — North  Alaska  Sal- 
mon Co.  V.  Pillsbury,  174  Cal.  1,  2,  L.  R.  A. 
1917E,   642,   162   Pac.   93. 

76.  Relations  depend  upon  the  statute 
not  on  contract. — The  relation  of  employer 
and  employee  has  its  inception  in  a  con- 
tract, but  once  the  relation  is  created,  its 
incidents  depend  not  upon  the  agreement 
of  the  parties,  but  upon  the  provisions  of 
the  workmen's  compensation  act. — North 
Alaska  Salmon  Co.  v.  Pillsbury,  174  Cal. 
1,   2,  L.   R.   A.   1917E,   642,   162   Pac.   93. 

77.  Liability  of  employer  arises  from  act 
not  from  contract. — The  liability  of  an  em- 
ployer to  pay  compensation  to  his  injured 
employee,  under  this  act,  arises  from  the 
act  itself  and  not  from  any  agreement  of 
the  parties. — North  Alaska  Salmon  Co.  v. 
Pillsbury,  174  Cal.  1,  2,  L.  R.  A.  1917E,  642, 
162  Pac.  93. 

78.  Act  is  compulsory  and  is  not  depend- 
ent on  election  and  consent  of  parties. — 
Under  a  compulsory  statute,  such  as  the 
California  workmen's  compensation  act, 
the  correlative  rights  and  obligations  of  the 
employer  and  employee  are  not  founded 
upon  contract,  as  in  the  case  of  statutes 
whose  compensation  provisions  are  depend- 
ent upon  the  election  and  consent  of  tlie 
parties. — North  Alaska  Salmon  Co.  v.  Pills- 
bury, 174  Cal.  1,  3,  L.  R.  A.  1917E,  642,  162 
Pac.   93. 

79.  Section  75 — Nature  and  extent  of 
proof. — If  the  effect  of  section  75  of  the  act 
is  to  confer  upon  the  commission  power  to 
enact  laws  prescribing  the  nature  .and  ex- 
tent of  proof  necessary  to  justify  ?,n  award, 
it  would  be  a  delegation  of  power  which  the 


Act  2781 


GENERAL  LAWS. 


1594 


legislature  Is  not  authorized,  under  section 
21,  article  XX,  of  the  constitution,  to  malce. 
— Englebretson  v.  Industrial  Accident  Com- 
mission, 170  Cal.  793,  797,  151  Pac.  421. 

SO.  Fault  or  neKlisence  of  employer  nec- 
essary.— Some  fault  or  negligence  on  the 
part  of  the  employer  proximately  causing 
the  injury  was  essential  to  r=>covery  in  an 
action  by  employee  against  employer  for 
personal  injuries  prior  to  the  .ict  of  1013 
(1913-279). — Bracquee  v.  Mottet  Co.,  175 
Cal.  258,  259,  165  Pac.  696. 

81.  Commission  exercises  Judicial  ruiio- 
tions. — In  awarding  compensation  under  the 
act  the  commission  exercises  judicial  func- 
tions.— Carstens  v.  Pillsbury,  172  Cal.  572, 
158  Pac.   218. 

See,  also,  "Western  Metal  Supply  Co.  v. 
Pillsbury,  172  Cal.  407,  156  Pac.  491:  Pa- 
cific Coast  Casualty  Co.  v.  Pillsbury,  171 
Cal.  319,  153  Pac.   26. 

S2.  Attard  against  third  person  not  an- 
tliorizcd. — The  commission  is  not  empow- 
ered to  make  an  award  of  compensation 
against  the  owner  of  a  building  in  favor  of 
an  injured  employee  of  the  independent 
contractor  who  is  erecting  the  same,  or  of 
a  sub-contractor  to  whom  such  independent 
contractor  has  let  the  erection  of  a  portion 
of  the  same. — Carstens  v.  Pillsbury,  172 
Cal.    572,    158    Pac.    218. 

83.  Taking  evidence  secretly — "Due  proe- 
ess." — No  power  is  given  to  the  commission 
to  take  evidence  secretly,  and  if  it  were 
given  it  would  be  in  violation  of  the  "due 
process"  clause  of  the  federal  constitution. 
—Carstens  v.  Pillsbury,  172  Cal.  572,  158 
Pac.   218. 

84.  Section  24 — Read  and  construed  as 
entirety. — Section  24  must  be  read  and  con- 
strued as  an  entirety  and  in  the  light  of 
the  rule  that  an  unconstitutional  construc- 
tion should  not  be  given,  if  another  mean- 
ing is  reasonably  discoverable  from  the 
language. — Mesmer  &  Rice  v.  Industrial  Ac- 
cident Commission,  26  Cal.  App.  Dec.  220,  5 
I.  A.  C.  Dec.  22  (Wilson  v.  Mesmer  &  Rice, 
4  I.  A.  C.  Dec.  139). 

85.  Comparative  negligence  ignored— 
Roseberry  act  repealed. — In  an  action  for 
damages  for  death  of  an  employee,  against 
an  employer,  where  the  cause  of  action 
arose  March  4,  1914,  an  instruction  which 
ignored  the  "comparative  negligence"  pro- 
visions of  the  Roseberry  act,  was  not  for 
that  reason  erroneous,  in  view  of  the  fact 
that  that  act  was  repealed  by  the  act  of 
1913  to  take  effect  January  1,  1914. — Brown 
v.  Lemon  Cove  Ditch  Co.,  36  Cal.  App.  94, 
171  Pac.  705. 

SC.  Repeal  of  Roseberry  act — Intent  as  to 
inclusion  of  county  officers. — The  fact  that 
the  act  of  1911  (p.  797,  §  6)  expressly  ex- 
cluded elected  or  appointed  officers  of  a 
county,  and  the  act  of  1913,  did  not,  is  not 
sufficient  to  show  a  legislative  intent  to  in- 
clude such  officers  in  the  later  act. — Mono 
Co.  V.  Industrial  Accident  Commission,  175 
Cal.  752,  755,  167  Pac.  377. 

87.  Compensation  for  disease  authorized. 
— The  act  of  1917  authorizes  an  award  of 
compensation  for  disease,  provided  the  other 


conditions  of  the  act  are  met,  and  Is  not 
for  that  reason  unconstitutional. — San 
Francisco  v.  Industrial  Accident  Commission 
(Cal.),  191  Pac.  26;  Engels,  etc.,  Co.  v.  In- 
dustrial Accident  Commission  (Cal.),  192 
Pac.   845. 

88.  Accident  injury  —  "Accident." — The 
word  "accident"  in  section  12  of  the  Boyn- 
ton  act  is  to  be  construed  as  popularly  un- 
derstood, to  referred  to  unexpected  and  un- 
intentional injuries  sustained  by  em- 
ployees.— Fidelity  &  Cas.  Co.  v.  Industrial 
Accident  Commission,  177  Cal.  614,  616, 
L.  R.  A.   1918F,    856,   171   Pac.   429. 

89.  Sante — Assault  may  be  accidental. — 
The  fact  that  an  injury  was  the  result  of  a 
wilful  or  criminal  assault  does  not  exclude 
the  possibility  that  it  was  accidental. — 
Western  Indemnity  Co.  v.  Pillsbury,  170 
Cal.   686,   705,    151   Pac.   398. 

90.  An  injury  may  be  accidental,  even 
though  it  be  intentionally  inflicted  by  a 
third  person. — Western  Metal  Supply  Co.  v. 
Pillsbury,  172  Cal.  407,  418,  Ann.  Cas.  1917E. 
390,  156  Pac.  491,  3  I.  A.  C.  Dec.  109  (Mason 
V.   Western,  etc.,  Co.,  1  I.  A.  C.  Dec.   284). 

91.  Same — Killing  of  night  watchman. — 
The  death  of  a  night  watchman  killed  while 
on  the  premises  he  was  employed  to  watch, 
under  circumstances  tending  to  show  that 
he  was  killed  in  the  performance  of  his 
duty,  is  held  to  be  death  from  accident 
within  the  meaning  of  the  act. — Western, 
etc.,  Co.  V.  Pillsbury,  173  Cal.  135,  141,  159 
Pac.  423,  3  I.  A.  C.  Dec.  109  (Mason  v.  West- 
ern, etc.,  Co.,  1  I.  A.  C.  Dec.  284). 

93.  Same — Injury  from  nse  of  ^vood  al- 
cohol.— A  show  card  writer,  while  using 
wood  alcohol  to  clean  apparatus  used  in 
making  special  dyes,  had  his  vision  im- 
paired by  the  exposure  of  the  optic  nerve 
to  the  vapor  of  the  alcohol  in  unusual  quan- 
tity, and  it  was  held  that  this  was  an  "in- 
jury sustained  by  accident"  within  the 
meaning  of  section  12  of  the  act  of  Janu- 
ary 1,  1914. — Fidelity,  etc.,  Co.  v.  Industrial 
Accident  Commission,  177  Cal.  614,  L.  R.  A. 
1918F,  856,  171  Pac.  429,  5  I.  A.  C.  Dec.  38 
(DeWitt  v.  Jacoby  Bros.,  1  I.  A.  C.  Dec.  170). 

93.  Same — Construction  of  English  de- 
cisions.— The  phase  "injury  sustained  by 
accident"  as  used  in  section  12  of  the  act 
of  1914  was  taken  from  the  English  act 
with  the  construction  placed  on  it  prior  to 
its  incorporation  in  the  California  act,  and 
Is  to  be  liberally  interpreted  to  make  it 
applicable  to  injuries  to  workmen  which 
are  unexpected  and  unintentional. — Fidelity, 
etc.,  Co.  v.  Industrial  Accident  Commission, 
177  Cal.  614,  L.  R.  A.  1918F,  856,  171  Pac. 
429,  5  I.  A.  C.  Dec.  38  (DeWitt  v.  Jacoby 
Bros.,  1  I.  A.  C.  Dec.  170). 

IV.     Liability  for  Compensation. 
1.  Employer,  a.  In  general, 
94.     Term  defined. 

Reclamation    district    not    an    em- 
ployer. 
Roclamation   districts  exempted. 
No    compensation     to    others    than 
empluyoes  authorized. 


95. 

96. 
97. 


1505 


MASTER  AND   SERVANT. 


Act  2781 


9S. 


101- 


Injury  to  employee  of  sub-con- 
tractor. 

Injury  to  member  of  train  crew 
employed  by  grading  contractor. 

Injury  to  municipal  election  officer 
— Non-liability  of  city. 

b.   Identity  of  employer.  ' 

Decided  according  to  facts — Not  on 
what  parties  thought. 

Loan  of  employees. 

Owner  of  pumping  plant — Em« 
ployee  of  independent  contractor. 

Owner  of  building — Employee  of 
independent   contractor. 

Employee  of  sub-contractor  of  in- 
dependent  contractor. 

Farmer — County. 

Foreman,  and  water  and  power 
company. 

Fighting  fire  on  premises  of  third 
person. 

Eailroad  conductor — Grading  con- 
tractor. 

Member  of  railroad  train  crew^ 
Grading  contractor. 

Flagman  employed  by  two  rail- 
roads. 

Night  watchman  employed  by  sev- 
eral corporations. 

Millwright    doing    special   work   at 
foreman's  request. 
116a.  Employee     of     teaming     company 
working   for   lumber   company. 

Caddy  "at  country  club. 

Special   police   officer  employed  by 
private  property  owners. 
Citizen     aiding    peace     officer     to 
make  arrest. 
120,  120b.  Copartners  assignment  to  creditor. 
121.     Partnership    furnishing    skilled    la- 
bor to  corporation. 

Hired  by  one  partner,  paid  by  an- 
other. 

Joint  liability  of  partners. 

Lessor  and  lessee. 

Persons  holding  themselves  out  as 
partners. 

Assignee  for  creditors — Owners  of 
business. 

Joint  liability  of  principal  and  im- 
mediate  employers. 

'Gross   negligence" — Serious   and   wilful 
misconduct  of  employer. 
Eemedy  of  act  exclusive. 
Option  of  employee  in  case  of  gross 

negligence  of  employer. 
Option    of   employee — ^Demurrer   to 

complaint. 
Employee's   action   for   damages—^ 

Proof  required. 
"Gross  negligence." 
Failure  to  house  gears. 
Same — Not  gross  negligence. 
"Wilful  misconduct." 
Same — Disregard    of    safety    order 

of  commission. 
Statutory  duty  to  provide  safe  place 

to  work. 
Same — Instruction  exacting  greater 

than  statutory  degree  of  care. 


98a. 


99. 


100. 

103. 
104. 

105. 


106,  107. 

108. 
109. 

110. 

111. 

112. 

113. 

114,  115. 

116. 


117,118. 
119. 

119a. 


122. 

123. 
124. 
125. 

125a. 

125b. 


126. 

127. 

128. 

129. 

130. 
181. 
132. 
133. 
134. 

135. 

136. 


137. 

138. 

139,  140. 
140a,  141. 

142. 
143. 

144. 

145. 
146. 

147. 

148. 

149. 
150. 

151. 

152. 

152a. 

153. 
154. 
155. 
156. 
157. 

158. 

159, 160. 

161. 

162. 
163. 
164. 

165, 166. 

167. 

168. 

168a. 


"Serious  and  wilful  misconduct" 
—Proof  under  the  act  of  1917. 

Same — Failure  to  comply  with 
safety  order  of  commission. 

Same — Defined. 

Same — Increase    of   compensation. 

S.   Insurance  carrier. 
Employer    member    of    association, 


not 


•insurance  carrier.' 


Policy  specifically  designating  em- 
ployees covered. 

One  of  two  joint  employers  insured 
— Insurance  carrier  and  other 
employer  liable. 

Construction  of  policy — Mining  su- 
perintendent not  included. 

Employee  specifically  covered — In- 
surance carrier  can  not  claim 
non-liability  because  illegally 
employed. 

Policy  excluding  executive  officers — • 
Mining  superintendent  not  execu- 
tive officer. 

* '  Executive  officer ' ' — Dummy  di- 
rector not  executive  officer. 

Same — Director  executive  officer. 

Interpretation  of  policy — "General 
farm  work  excluding  the  opera- 
tion of  farm  machinery. ' ' 

Same — Same — Assistant  to  tractor 
engineer. 

Assignment  or  change  of  interest. 

Assignment  for  benefit  of  cred- 
itors. 

Padding  of  payroll  without  car- 
rier's knowledge. 

Insurance  carrier — Loss  of  right  to 
do  business  in  state. 

Policy  specifically  covering  chauf- 
feurs. 

Clause  of  policy  excluding  "con- 
struction of  sewers. ' ' 

Eescission  of  policy  for  misrepre- 
sentation after  commencement  of 
proceedings. 

Liability  of  insurance  carrier — 
After  accrual  of  rights. 

Insurance  carrier  bound  by  repre- 
sentation of  agent. 

Eenewal  of  policy  dated  after  in- 
jury. 

Waiver  of  illegal  employment. 

Illegal  employment  of  minor. 

Policy  covering  all  employees — - 
Minor   illegally   employed. 

Condition  against  illegal  employ- 
ment. 

Eequirement  as  to  notice  must  be 
complied  with. 

Compliance  with  requirement  as  to 
notice  must  be  proved. 

Liability  of  carrier  must  be  valid 
and  enforceable  to  relieve  em- 
ployer of  liability. 

1.  Employer,  a.  In  general. 
94.      Term   delined — "Employer"   and   "em- 
ployee."— Every  person  who  has  any  person 
in  service  under  a  contract  of  hire,  express 
or    implied,    is    an    "employer";    and    every 


Art  2781 


GBNERAI.  LAM'S. 


15D0 


person  thus  In  service  Is  an  "employee." — 
KIrkpntrick  v.  Industrial  Accident  Commls- 
Bion.   31   Cal.    App.    668.    161    I'ac.    274. 

95.     Rerlamatlon  dlatrirt  not  an  employer. 

— Rerlamatlon  district  No.  900  is  not  a 
public  corporation  within  the  definition  of 
section  284,  Civil  Code. — Bettencourt  v.  In- 
dustrial Accident  Commission,  175  Cal.  559, 
660.   166   rnc.   323. 

06.  Rerlamatlon       diatrlrtn       exempted. — 

Reclamation  districts  are  exempted  from 
the  operation  of  the  act,  being  neither  pub- 
lic nor  private  corporation  within  the  mean- 
ing of  section  13  of  the  act  defining  "em- 
ployers" but  are  governmental  mandatories 
or  agents  vested  with  limited  powers  to 
accomplish  limited  and  specific  work. — Bet- 
tencourt V.  Industrial  Accident  Commission, 
175  Cal.  559.  166  Pac.  323.  4  I.  A.  C.  Dec. 
210;  Hartford,  etc..  Co.  v.  Reclamation,  etc., 
No.    900,   Yolo   County.   3   I.   A.   C.   Dec.   266. 

07.  ]Vo  comiieiiRnllon  to  other  than  em- 
ployeea  nnthorlied. — I'nder  the  terms  of 
section  21.  of  article  20.  of  the  constitution, 
the  commission  has  no  jurisdiction  to  award 
compensation  for  injuries  to  other  than  em- 
ployees of  the  person  against  whom  com- 
pensation Is  claimed. — Thaxter  v.  Finn,  54 
Cal.  Dec.  620,  4  I.  A.  C.  Dec.  433  (Thaxter 
V.  Thaxter.  1  I.  A.  C.  Dec.   196). 

08.  Injury  to  employee  of  Hiili-contrnctor. 

— Neither  the  owner  of  a  building  nor  the 
contractor  for  the  erection  thereof  Is  liable 
for  the  Injury,  or  to  pay  compensation 
therefor  to  an  injured  employee  of  a  sub- 
contractor on  such  building. — Thaxter  v. 
Finn.  54  Cal.  Dec.  620.  4  I.  A.  C.  Dec.  433 
(Thaxter  v.  Thaxter,   1  I.  A.  C.  Dec.   196). 

OSa.  Injury  to  mrnilter  of  train  rre^T,  em- 
ployed by  Krndlng  contractor. — A  member 
of  a  train  crew  employed  by  a  contractor 
engaged  in  grading  a  roadbed  for  an  elec- 
tric railway  company,  who  received  an  in- 
Jury  while  hauling  materials  for  laying  the 
track  on  a  portion  of  the  grade  that  had 
been  completed.  Is  not  to  be  considered,  in 
so  far  as  such  hauling  was  concerned,  an 
employee  of  the  railway  company,  notwith- 
standing It  was  no  part  of  the  contractor's 
contract  to  lay  track,  where  the  track  was 
laid  at  the  contractors  request,  and  was 
necessary  to  enable  him  to  complete  his 
contract. — Georgia  Casualty  Co.  v.  Indus- 
trial Accident  Company,  177  Cal.  289.  170 
Pac.  625,  5  I.  A.  C.  Dec.  16  (on  rehearing  of 
63  Cal.  Dec.  705,  4  I.  A.  C.  Dec.  170;  Sims  v. 
Sherer   &  Co..  3   I.  A.  C  Dec  197). 

no.  Injnry  to  mnnlrlpnl  election  officer^ 
Non-linl>ility  of  rity. — A  judge  of  an  election 
lioard  at  a  municipal  election  is  not  an 
employee  of  the  municipality  within  the 
meaning  of  that  term  as  used  In  the  act, 
and  is  not  entitled  to  compensation  from 
the  city  for  injuries  received  while  taking 
the  election  returns  In  his  own  automobile 
to  the  city  hall  after  the  counting  of  the 
ballots. — City  of  Los  Angeles  v.  Industrial 
Accident  Commission.  35  Cal.  App.  31.  169 
Pac.  260.  4  I.  A.  C.  Dec.  322  (Meehan  v. 
City  of  Los  Angeles.  4  I.  A.  C.  Dec.  52). 


h.    Identity  of  employer. 

100.  Derided  nrrording  to  fartn — Not  on 
ivhat  parilen  tliouKht- — The  determination 
of  tlie  identity  of  tlie  employer  can  not  be 
arrived  at  merely  on  the  ground  of  what 
the  parties  themselves  thought  In  relation 
to  emplo^'ment,  but  must  be  decided  In  ac- 
cordance with  the  facts. — Hartman  v.  Rals- 
ton  Iron   Works,   4   I.   A.   C.   Dec.   13. 

101.  I<oan  of  eniployeew. — Where  an  em- 
ployee of  a  corporation  was  loaned  to  an- 
other corporation  to  assist  in  certain  emer- 
gency work,  In  which  the  former  had  no 
Interest  or  control  over,  and  the  employee 
was  retained  on  the  payroll  of  the  former 
and  received  full  wages,  which  were  reim- 
bursed by  the  latter,  and  the  workman 
was  Injured  while  so  employed.  It  was  held 
that  there  was  no  community  of  interest 
of  said  corporations  as  to  control  or  ulti- 
mate benefit  In  the  work  and  the  former 
corporation  was  not  liable. — Marken  v.  Yel- 
low Aster,   etc.,  Co.,   6  1.   A.  C.   Dec.   101. 

102.  W'hen  two  Individual*  maintaining 
adjoining  plants  habitually  loaned  em- 
ployees to  each  other  for  mutual  conveni- 
ence, and  the  employees  were  paid  and 
controlled  by  each  employer,  respectively, 
during  the  period  of  their  service  for  him. 
It  is  held  the  individual  to  whom  the  em- 
ployees were  loaned  was  the  employer  of 
such  employee  while  working  for  him. — 
Frederick  v.  Dallerup,  6  I.  A.  C.  Dec.   110. 

103.  An  employee  temporarily  loaned  by 
his  employer  for  service  lo  another,  who 
pays  and  controls  him,  without  profit  on 
the  transaction  to  the  first  employer,  was 
held  to  be  an  employee  of  the  second  Indi- 
vidual while  so  engaged. — Proctor  v.  Llnd- 
gren  Co.,  5  I.  A.  C.  Dec.  115. 

104.  Owner  of  pumpini;  plant — Rmployee 
of  indeiiendent  contractor. — The  commission 
is  witliout  the  power  to  make  an  award 
against  the  owner  of  the  land  and  in  favor 
of  an  employee  of  an  independent  contractor 
engaged  in  installing  a  pumping  plant 
thereon. — Western  Indemnity  Co.  v.  Indus- 
trial Accident  Commission,  172  Cal.  766,  767, 
158   Pac.    1033. 

10.5.  Owner  of  buildinR — Employee  of  in- 
dependent contractor. — The  commission  has 
no  power  to  award  compensation  against 
the  owner  of  property  erecting  a  building 
thereon,  through  an  independent  contractor, 
whose  only  relation  to  the  injured  person 
employed  by  such  contractor  is  such  owner- 
ship.— Carstens  v.  Pillsbury,  172  Cal.  572, 
p78,   158   Pac.   218. 

106.  Employee  of  nub-contractor  of  Inde- 
pendent contractor. — The  Industrial  acci- 
dent commission  has  no  jurisdiction  to 
award,  against  an  owner,  compensation  un- 
der the  act  In  favor  of  the  injured  em- 
ployee of  a  sub-contractor  of  an  indepen- 
dent contractor. — First  Church  v.  Industrial 
Accident  Commission,  173  Cal.  552.  553.  160 
Pac.    675. 

107.  A  •ob-contractor  to  whom  was  sub- 
let the  work  of  excavating,  refilling  and 
resurfacing  a  trench  for  a  drainage  con- 
duit, and  not  the  contractor  for  the  con- 
struction   of   the   conduit,    is    liable    for    the 


1507 


MASTER  AND   SERVANT. 


Act  2781 


compensation  of  a  laborer  employed  by  such 
sub-contractor  for  an  Injury  sustained  in 
excavating  such  trench  to  a  depth  exceed- 
ing that  called  for  by  the  sub-contract  at 
the  actual  cost  of  the  labor  of  such  extra 
excavation. — Worswick,  etc.,  Co.  v.  Industrial 
Accident  Commission,  58  Cal.  Dec.  453,  185 
Pac.  953,  6  I.  A.  C.  Dec.  226;  Employer's, 
etc.,  Co.  V.  Industrial  Accident  Commission, 
58  Cal.  Dec.  453,  185  Pac.  953,  6  I.  A.  C. 
Dec.  226. 

Also,  Worswick,  etc.,  Co.  v.  Industrial 
Accident  Commission,  58  Cal.  Dec.  460,  185 
Pac.  953;  Employer's,  etc.,  Co.  v.  Industrial 
Accident  Commission,  58  Cal.  Dec.  460,  461, 
185  Pac.  953. 

108.  Farmer — Connty. — A  farmer  who 
constructs  a  fence  between  his  farm  and 
the  county  highway  is  the  employer  of  the 
carpenter  who  builds  the  fence,  although 
the  county  reimburses  him  for  the  cost  of 
the  fence. — Jenkins  v.  Rhinehart,  6  I.  A.  C. 
Dec.   180. 

109.  Foreman  and  water  and  poTver  com- 
pany.— Where  a  foreman,  employed  by  a 
water  and  power  company,  was  authorized 
to  employ  laborers  for  the  company,  and 
employed  a  teamster  in  accordance  with 
such  authority,  such  teamster  was  an  em- 
ployee of  the  company,  and  not  of  such 
foreman,  notwithstanding  the  fact  that  he 
was  employed  to  drive  the  foreman's  team, 
hired  to  the  company. — Yolo,  etc.,  Co.  v.  In- 
dustrial Accident  Commission,  35  Cal.  App. 
14,  168  Pac.   1146. 

110.  Fighting:  flre  on  premises  of  third 
person. — A  section  hand  engaged  in  fighting 
fire  on  the  property  of  another  person,  and 
receiving  pay  from  such  other  person,  was 
not  in  the  employ  of  the  railroad  company, 
although  he  was  directed  to  perform  the 
service  by  his  foreman. — London,  etc.,  Co. 
V.  Industrial  Accident  Commission,  173  Cal. 
642,    643,   161   Pac.  2. 

111.  Railroad  conductor — Grading  con- 
tractor.— A  conductor,  employed  and  paid 
by  a  grading  contractor,  in  charge  of  a 
construction  train,  engaged  in  hauling  ma- 
terials for  laying  track  upon  a  portion  of 
the  roadbed  already  completed,  which,  al- 
though not  within  the  contract,  and  in- 
tended for  permanent  use,  was  being  laid 
at  the  request  of  the  contractor,  and  was 
necessary,  according  to  the  terms  of  the 
contract,  to  the  use  of  the  steam  shovel  to 
complete  the  grading  contract,  was  an  em- 
ployee of  the  contractor,  and  not  of  the 
railroad  company. — Georgia  C.  Company  v. 
Industrial  Accident  Commission,  177  Cal. 
289,    291,    170   Pac.    621. 

112.  Member  railroad  train  crew— Grad- 
ing contractor. — Where  a  member  of  a  rail- 
road train  crew  employed  by  a  grading  con- 
tractor was  injured  while  hauling  mate- 
rials for  the  laying  of  the  track  upon  a 
completed  portion  of  the  grade,  the  laying 
of  the  track  being  incidental  to  tlie  work 
of  grading,  it  was  held  that  such  member 
is  not  to  be  regarded  as  an  employee  of 
the  railroad  company  for  the  time  being, 
notwithstanding  the  work  when  completed 
would    be    a    part    of    the    equipment    of    the 


railroad  company. — Georgia  Casualty  Co.  v. 
Industrial  Accident  Commission,  53  Cal.  Dec. 
705,  4  I.  A.  C.  Dec.  170  (Simms  v.  Sherer  & 
Co.,   3  I.  A.  C.   Dec.   197). 

113.  Flagman  employed  by  tvro  railroads. 
— A  flagman  employed  by  one  of  two  rail- 
road companies,  having  separate  and  dis- 
tinct systems  but  wliose  tracks  ran  parallel 
at  a  street  crossing,  to  warn  the  operators 
of  the  trains  of  both  companies  at  such 
crossing,  under  an  oral  arrangement  be- 
tween the  two  companies  that  one  was  to 
employ  him  and  pay  his  wages  and  render 
a  monthly  bill  for  one-half  of  such  wages, 
was  an  employee  of  both  companies. — San 
Francisco-Oakland  Terminal  Railways  v. 
Industrial  Accident  Commission,  180  Cal. 
121,  179   Pac.   386,  6  I.  A.  C.  Dec.  45. 

114.  Night  Tt'atchman  employed  by  sev- 
eral corporations. — A  night  watchman  em- 
ployed at  a  fixed  monthly  salary  is  an 
employee  within  the  meaning  of  the  act, 
even  though  also  employed  as  a  night 
watchman  by  other  corporations  under 
separate  contracts  for  monthly  compensa- 
tion from  each. — Western  Metal  Supply  Co. 
v.  Pillsbury,  172  Cal.  407,  416,  Ann.  Cas. 
1917E,  390,  156  Pac.  491. 

115.  Where  several  corporations  em- 
ployed a  night  watchman  under  separate 
and  independent  contracts  calling  for  the 
payment  of  a  separate  monthly  salary  from, 
each  of  them,  they  did  not  constitute  an 
"association"  within  the  meaning  of  sec- 
tion 13  of  the  act. — Western  Metal  Supply 
Co.  V.  Pillsbury,  172  Cal.  407,  416,  Ann.  Cas. 
1917E,    390,    156    Pac.    491. 

116.  MillTvright  doing  special  work  at 
foreman's  request. — Where  a  millwright 
was  requested  by  the  foreman  of  another 
department  of  his  employer's  plant  to  do 
certain  work  on  Saturday  afternoon  and 
Sunday,  when  the  plant  would  be  closed, 
and  it  was  usual  for  said  millwright  to  do 
work  as  requested,  and  nothing  vk^as  said 
to  him  to  communicate  that  it  would  be 
working  for  any  one  else  than  his  regular 
employer  or  that  such  work  was  in  fact  the 
private  work  of  said  foreman,  it  was  held 
that  in  doing  such  work  he  was  in  the 
course  of  his  regular  employment,  and  not 
working  for  the  foreman. — Baker  v.  Heard, 
etc.,  Co.,   4  I.  A.  C.  Dec.   200. 

116a.  Employee  of  teaming  company 
worlcing  for  Inniber  company. — The  acci- 
dental death  of  the  employee  of  a  teaming 
company,  while  hauling  lumber  for  a  lum- 
ber company,  under  his  employer's  direc- 
tion, is  compensable,  and  the  teaming  com- 
pany is  liable  to  his  dependents  for  such 
compensation. — Kirkpatrick  v.  Industrial 
Accident  Commission,  31  Cal.  App.  668,  161 
Pac.   274. 

117.  Caddy  at  country  club. — The  fact 
that  an  injured  caddy  employed  by  a  coun- 
try club  reported  for  duty  and  was  em- 
ployed on  specific  days  does  not  militate  at 
all  against  the  proposition  that  he  was  an 
employee  within  the  meaning  of  section  14. 
workmen's  compensation  act,  and  entitled 
to  compensation  thereunder. — Claremont  C. 


Act  2781 


GENERAL   LA\VS. 


1508 


Club   V.    Industrial    Ace.    Com.,    174    Cal.    395, 
398.   163  Pac.  209. 

118.  A  country  club,  owning  and  main- 
taining a  golf  links  for  its  members,  the 
general  control  of  which  is  vested  in  appro- 
priate committees  of  the  club,  the  club 
providing  caddies  under  the  supervision  of 
a  caddy  master,  the  caddies  being  stationed 
in  a  caddy  house  provided  by  the  club  until 
their  services  are  requisitioned,  and  their 
wages  being  paid  according  to  a  schedule 
fixed  by  the  club  committee,  is  an  employer 
witliin  the  meaning  of  section  13,  work- 
men's compensation  act,  notwithstanding 
such  caddies  are  paid  by  the  individual 
members  playing,  whom  they  attend,  and 
are  under  the  exclusive  control  of  such 
member  while  in  attendance. — Claremont  C. 
Club  V.  Industrial  Ace.  Com.,  174  Cal.  395, 
397,  163  Pac.  209. 

119.  Special  police  officer  employed  by 
private  property  owners. — Where  a  special 
police  officer  was  employed  and  paid  by 
private  property  owners  to  patrol  their 
property  at  night,  with  the  privilege  on  his 
part  of  substituting  another  patrolman  in 
his  stead,  and  the  officer  undertook  to  watch 
certain  property  on  his  beat  and  to  station 
an  extra  guard  during  the  day  on  a  bridge 
across  a  public  street  which  traversed  said 
property,  and  for  the  services  of  such  day 
guard  the  property  owner  paid  to  the  officer 
a  daily  sum,  and  said  day  guard  reported  for 
instructions  to  said  property  owner,  who 
withdrew  him  from  the  day  patrolling  and 
placed  him  on  day  guard  on  the  property, 
without  consulting  the  officer,  it  was  held 
that  such  guard  was  am  employee  of  the 
property  owner,  under  an  appointment  of 
hire. — Hartman  v.  Ralston  Iron  Works,  4 
I.  A.  C.  Dec.  13. 

110a.  Citizen  aidinjs:  peace  officer  to 
make  arrest. — Where  a  citizen  volunteered 
his  services  to  aid  a  peace  officer  in  making 
an  arrest  at  a  threatened  breach  of  the 
peace  and  his  offer  of  aid  was  accepted  by 
the  arresting  officer  and  he  was  injured 
while  so  assisting  said  officer,  it  was  held 
that  since  said  citizen  rendered  said  aid 
solely  by  reason  of  a  duty  imposed  upon 
him  by  law,  he  was  not  an  employee  of  the 
municipality  at  the  time  of  said  injury. — 
Richardson  v.  City  of  Santa  Rosa,  4  I.  A.  C. 
Dec.   380. 

120.  Copartners  assignment  to  creditor. 
— Wliere  copartners,  as  individuals,  gave  a 
power  of  attorney  to  a  creditor  authorizing 
him  to  manage  the  business  in  the  interest 
of  certain  creditors,  and  there  w^as  no  as- 
signment by  the  partnership,  and  no  sale  or 
transfer  or  assignment  for  the  benefit  of 
creditors,  an  insurance  carrier  for  such 
partnership  is  not  released  from  liability 
for  compensation  insurance  to  employees  of 
the  partnership  who  are  injured. — United 
States  Fidelity  &  Guaranty  Co.,  v.  Industrial 
Ace.  Com.,  174  Cal.  616,  622,  163  Pac.  1013. 

120a.  The  insurer  of  a  partnership 
against  injuries  to  employees  is  not  released 
from  liability  by  reason  of  the  fact  that  the 
injuries  occurred  after  the  partners  had 
made  an  individual  assignment  of  the  assets 


and  business  to  a  creditor  to  hold  until  such 
creditor  and  certain  other  creditors  were 
paid. — United  States,  etc.,  Co.  v.  Industrial 
Accident  Commission,  174  Cal.  616,  163  Pac. 
1013,  4  I.  A.  C.  Dec.  79;  (Maffla  v.  Aquiline, 
3  I.  A.  C.  Dec.  15;  Zanottl  v.  Aquilino,  3 
I.  A.   C.    Dec.    53). 

120b.  Where  an  employer  transferred  his 
business  and  all  his  employees,  including 
applicant,  to  another  person,  and  the  ap- 
plicant continued  to  work  under  the  ex- 
clusive control  of  the  latter  until  the  date 
of  the  injury,  it  w^as  held  such  circum- 
stances were  sufficient  to  put  the  applicant 
on  inquiry  as  to  the  identity  of  his  em- 
ployee.— Pierce  v.  Rosenberg,  6  I.  A.  C.  Dec. 
241. 

121.  Partnership  famishing  skilled  labor 
to  corporation. — Where  a  partnership  un- 
der contract  supplied  skilled  labor  to  a  cor- 
poration for  a  percentage  of  the  payroll, 
it  was  held  that  the  partnership  and  cor- 
poration were  joint  employers. — Coulter  v. 
Wellman,  5  I.  A.  C.  Dec.  67. 

122.  Hired  by  one  partner,  paid  by  an- 
other.— An  employee  who  was  hired  and 
directed  by  one  partner  and  paid  by  an- 
other partner,  held  to  have  been  an  em- 
ployee of  the  partnership  and  not  of  the 
second  partner. — Mendez  &  Arneill  v.  Boge, 
5  I.  A.  C.  Dec.  32. 

123.  Joint  liability  of  partners. — A  ce- 
ment manufacturing  company  and  a  part- 
nership engaged  in  installing  and  handling 
large  machinery  are  jointly  liable  for  the 
death  of  an  employee  while  performing 
services  on  the  grounds  of  the  cement  com- 
pany, upon  an  arrangement  entered  into 
between  the  cement  company  and  the  part- 
nership by  which  the  latter  was  to  secure 
and  furnish  employees  to  perform  such 
services,  the  cement  company  furnishing  the 
materials  and  exercising  direction  and  con- 
trol over  such  employees. — Ocean,  etc..  Cor- 
poration v.  Industrial  Accident  Commission, 
179  Cal.  432,  177  Pac.  273,  5  I.  A.  C.  Dec. 
228;  Aetna,  etc.,  Co.  v.  Industrial  Accident 
Commission,  179  Cal.  432,  177  Pac.  273,  5 
I.  A.  C.  Dec.  228;  Employers,  etc.,  Co.  v. 
Industrial  Accident  Commission,  179  Cal. 
432,  177  Pac.  273,  5  I.  A.  C.  Dec.  228  (Coulter 
V.  Wellman,  5  I.  A.  C.  Dec.  64). 

124.  Lessor  and  lessee  joint  employers.— 

Under  the  facts  of  this  case,  an  arrange- 
ment entered  into  w^as  incorporated  as  a 
lease  and  not  as  a  partnership,  and  the 
lessor  and  lessee  as  joint  employers  of  a 
carpenter  employed  by  said  parties  jointly, 
and  not  as  copartners. — Perry  v.  Jolinson,  4 
I.   A.   C.   Dec.   163. 

125.  Persons  holding  themselve.<«  out  as 
partners. — Where  two  individuals  permitted 
the  use  of  their  names  in  the  firm's  busi- 
ness, were  interested  in  its  management  and 
in  the  lease  of  the  real  estate  used  in  its 
business,  obtained  credit  from  a  bank  for 
the  firm  by  representing  themselves  as  co- 
partners, and  took  over  much  of  its  prop- 
erty upon  dissolution,  such  conduct  was 
sufficient  to  establish  that  they  were  co- 
employees    with    the    firm,    notwithstanding 


1599 


MASTER  AND   SERVANT. 


Act  2781 


their  contrary  testimony. — Pierce  v.  Rosen- 
berg.  6   I.   A.  C.   Dec.    239. 

125a.  Assignee  for  creditors — Owners  of 
business. — Where  the  full  control  of  a  wine 
business  was  turned  over  to  a  creditor  by 
power  of  attorney,  the  creditor  to  manage 
the  business  for  the  benefit  of  himself  and 
the  owners  of  the  business,  it  was  held  that 
the  employees  of  the  business  were  sole 
employees  of  the  business  and  not  of  the 
manager. — Zanotti  v.  Aquilino  &  Lagomar- 
.sino   Co.,   3   I.   A.   C.  Dec.   53. 

I25b.  Joint  liability  of  principal  and  im- 
mediate employers. — The  principal  and  the 
immediate  employer  were  held  Jointly 
liable  for  compensation  where  the  employee 
was  injured  on  premises  on  which  princi- 
pal employer's  work  was  to  be  done. — Kes- 
son  V.  Duncan,  5  I.  A.  C.  Dec.  121. 

c.  "Gross  negligence" — Serious  and  wilful 
misconduct  of  employer. 
126.  Remedy  of  act  exclusive — Gross  neg- 
ligenee  of  employer. — The  remedy  afforded 
by  the  act  is  exclusive  of  all  other  statu- 
tory or  common  law  remedies,  except,  as 
provided  by  section  12  (b),  that  the  em- 
ployee may,  at  his  option,  maintain  an  ac- 
tion for  damages  in  the  conditions  named. — 
ITelme  v.  Great  Western,  etc.,  Co.,  30  Cal. 
App.  Dec.  84,  58  Cal.  Dec.  483,  185  Pac.  510, 
6  I.  A.  C.  Dec.  161. 

127.  Option  of  employee  in  case  of  gross 
negligence  of  employer. — Under  the  indus- 
trial compensation  act  the  only  cases  in 
which  an  employee  is  given  an  option  to 
claim  compensation  under  the  act  or  bring 
an  action  at  law,  are  where  the  injury  was 
caused  by  the  employer's  gross  negligence, 
and  where  it  was  caused  by  his  wilful  mis- 
conduct of  a  specified  character. — San  Fran- 
cisco Stevedoring  Co.  v.  Pillsbury,  170  Cal. 
321,   322,   149   Pac.   586. 

128.  Option  of  employee — Demurrer  to 
complaint. — The  sustaining  of  a  demurrer 
to  the  complaint  in  an  action  by  an  em- 
ployee against  his  employer  simply  deter- 
mines that  the  allegations  of  the  complaint 
do  not  state  a  cause  of  action  virithin  the 
case  named  in  the  industrial  compensation 
act  as  giving  the  employee  an  option  to 
proceed  in  an  action  at  law,  and  does  not 
bar  his  right  to  claim  compensation  under 
the  act. — San  Francisco  Stevedoring  Co.  v. 
Pillsbury,    170   Cal.    321,    322,   149   Pac.    586. 

129.  Employee's  action  for  damages. — 
Where  an  employee,  seeking  recovery  for 
personal  injuries  by  an  action  at  law,  relies 
upon  the  failure  of  his  employer  to  house 
certain  gears  on  a  machine  used  for  packing 
bran,  to  recover  he  must  allege  and  prove 
by  a  preponderance  of  evidence  (1)  that  de- 
fendant's failure  to  house  the  gears  was 
of  itself  "gross  negligence,"  or  "wilful  mis- 
conduct"; (2)  that  such  failure  was  the 
personal  failure  of  an  elective  ofl!icer  or 
officers  of  defendant  corporation,  as  for  ex- 
ample, a  director  or  directors;  and  (3) 
that  such  failure  indicated  a  wilful  disre- 
gard of  the  life,  limb  and  bodily  safety  of 
defendant's      employees. — Helme      v.      Great 


Western,  etc.,   Co.,    (Cal.   App.)    185   Pac.   510, 
6  I.  A.  C.  Dec.  161. 

130.  "Gross  negligence." — "Gross  negli- 
gence," within  the  meaning  of  section 
12(b)  of  the  act  of  1913  is  the  entire  failure 
to  exercise  care,  or  the  exercise  of  so  slight 
a  degree  of  care  as  to  justify  the  belief 
that  there  is  an  entire  indifference  to  the 
interest  and  welfare  of  the  employee. — 
Helme  v.  Great  Western,  etc.,  Co.,  (Cal. 
App.)  185  Pac.  510,  6  I.  A.  C.  Dec.  161. 

131.  Failure  to  house  gears. — Failure  to 
house  the  gears  of  a  bran  packing  machine 
by  a  milling  company  is  not  wilful  miscon- 
duct within  the  meaning  of  section  12(b)  of 
the  act,  unless  the  housing  was  made  a  duty 
by  some  general  or  special  order  of  the 
commission,  or  by  the  act  itself,  and  some 
one  of  the  company's  elective  officers,  with 
a  wilful  disregard  of  the  life,  limb,  or  bodily 
safety  of  defendant's  employees,  having 
actual  knowledge  of  the  peril  incident  to 
the  unhoused  gears,  or  having  what  in  law 
is  equivalent  to  such  actual  knowledge,  con- 
sciously failed  to  house  the  gears,  so  as  to 
avert  injury. — Helme  v.  Great  Western,  etc., 
Co.,  (Cal.  App.)  185  Pac.  510,  6  I.  A.  C.  Dec. 
161. 

132.  Same — Not  gross  negligence.  —  A 
simple  failure  to  house  the  gears  of  a 
machine  does  not  show  gross  negligence, 
unless  the  employer  appears  to  have  con- 
sciously violated  some  order  of  the  commis- 
sion, or  sorhe  particular  safety  provision  of 
the  act  itself. — Helme  v.  Great  Western, 
etc.,  Co.,  (Cal.  App.)  185  Pac.  510.  6  I.  A.  C. 
Dec.   161. 

133.  "Wilful  misconduct." — "Wilful  mis- 
conduct," within  the  meaning  of  section 
12(b)  of  the  act,  means  something  different 
from  and  more  than  negligence,  however 
gross,  and  to  constitute  such  wilful  miscon- 
duct, there  must  be  actual  knowledge,  or 
that  which  in  law  is  deemed  the  equiva- 
lent of  actual  knowledge,  of  the  peril  to  be 
apprehended  from  the  failure  to  act, 
coupled  with  a  conscious  failure  to  act  to 
avert  injury. — Helme  v.  Great  Western,  etc., 
Co.,  (Cal,  App.)  185  Pac.  510,  6  I.  A.  C.  Dec. 
161. 

134.  Same — Disregard  of  safety  order  of 
commission. — The  duty  of  a  corporation  and 
its  executive  or  managing  officer  to  comply 
with  the  requirements  of  sections  33-36.  of 
the  act  of  1917,  and  provide  safe  conditions 
of  employment,  and  with  an  order  of  the 
commission  requiring  the  safeguarding  of 
all  transmission  shafting,  could  not  be 
delegated  so  as  to  free  them  from  responsi- 
bility therefor,  and  constituted  serious  and 
wilful  misconduct  on  the  part  of  the  em- 
ployer, which  was  the  proximate  cause  of 
an  injury  to  an  employee,  and  entitled  the 
latter  to  an  increase  of  one-half  of  her 
compensation  under  section  6(b)  of  the  act. 
— Hamilton  v.  E.  Clemens  Horst  Co.,  6 
I.  A.  C.  Dec.  185. 

135.  Statutory  duty  to  provide  safe  place 
of  employment. — It  is  the  statutory  duty  of 
a  milling  company  in  the  absence  of  a  spe- 
cial or  general  order  of  the  commission, 
given    and    made    in    the    mode    provided    by 


Act  2781 


GE^NBRAL   LAIVS. 


the  act,  to  use  such  devices  and  safeguards 
as  are  "reasonably  adequate"  to  render 
the  place  of  employment  safe,  and  as  free 
from  dangrer  to  the  life  and  safety  of  Its 
employees  as  the  nature  of  the  employment 
will  reasonably  permit. — Helme  v.  Great 
Western,  etc.,  Co.  (Cal.  App.)  185  Pac.  510, 
6  I.   A.   C.   Dec.   161. 

13G.  Snme — Instpuction  exnctints;  |!:reater 
than  Ktatiitory  degree  of  care. — An  instruc- 
tion which  declares  that  it  was  the  duty 
of  defendant  to  provide  such  safety  devices 
over  the  g-ears  as  would  tend  to  mitigate 
or  prevent  the  danger  of  plaintiff  coming  in 
contact  with  them,  was  error,  in  that  It 
exacted  of  defendant  a  greater  degree  of 
care  than  the  act  requires. — Helme  v.  Great 
Western,  etc.,  Co.,  (Cal.  App.)  185  Pac.  510, 
6  I.  A.  C.  Dec.  161. 

LIT.  Seriou.s  and  wilful  mi.iconduct"^ 
Proof  under  act  of  1017. — Under  the  act  of 
1913  the  injured  employee  was  required  to 
bring  home  the  serious  and  wilful  miscon- 
duct referred  to  in  section  12(b)  to  an  elec- 
tive officer  of  his  corporation  employer;  but 
this  requirement  is  not  made  by  the  act 
of  1917,  and  it  is  sufficient  that  the  officer 
charged  with  such  conduct  should  be  in- 
vested with  the  general  conduct  and  con- 
trol of  the  particular  place,  whether  elec- 
tive or  appointed. — Horst  Co.  v.  Industrial 
Accident  Commission,    (Cal.)    193  Pac.  105. 

l.^S.  Same  —  Failure  to  comply  with 
safety  order  of  commission. — The  failure  of 
the  president  and  general  manager  of  a 
corporation,  owning  and  operating  a  vege- 
table drying  plant,  to  comply  with  a  safety 
order  of  the  commission  requiring  the  box- 
ing of  all  transmission  shafting  within 
seven  feet  of  the  floor  or  ground  consti- 
tuted serious  and  wilful  misconduct. — 
Horst  Co.  V.  Industrial  Accident  Commis- 
sion,   (Cal.)    193    Pac.    105. 

139.  Same  —  Defined.  —  "Serious  miscon- 
duct" on  the  part  of  an  employer  means 
conduct  which  the  employer  either  knew,  or, 
ought  to  have  known,  if  he  had  turned  his 
mind  to  the  matter,  to  be  conduct  likely  to 
jeopardize  the  safety  of  his  employees. — 
Horst  Co.  v.  Industrial  Accident  Commis- 
sion,   (Cal.),   193   Pac.   105. 

140.  "Serious  nii.sconduct"  may  be  de- 
fined as  conduct  that  an  average  workman 
in  being  guilty  of  either  would  know,  or 
ought  to  know,  if  he  turned  his  mind  to  con- 
sider the  matter,  to  be  conduct  likely  to 
jeopardize  his  own  and  his  fellow  work- 
men's safety. — Hor.st  Co.  v.  Industrial  Acci- 
dent Commission,    (Cal.)    193   Pac.   105. 

140a.  Same — Increase  of  compensation.^ 
The  increase  of  compensation  on  account  of 
the  serious  and  wilful  misconduct  of  the 
employer  includes  the  disability  indemnity, 
but  not  the  expense  of  medical  treatment 
to  which  the  injured  employee  is  entitled. 
— Hamilton  v.  E.  Clemens  Horst  Co.,  6 
I.  A.  C.  Dec.  185. 

141.  The  Increase  of  one-half  compen- 
sation provided  for  by  section  6(b)  of  the 
act  of  ini7,  where  the  employer's  serious 
and  wilful  misconduct  was  the  proximate 
cause   of   the    injury   is    to    be   paid    by   the 


employer  and  not  by  the  Insurance  carrier. 
— Hamilton  v.  E.  Clemens  Horst  Co.,  8 
I.   A.   C.   Dec.   185. 

S.    Insurance  carrier. 

142.  Employer  member  of  associatlon-^a 
Not  "insurance  carrier." — Where  an  em- 
ployer is  a  member  of  an  association  of 
employers  in  the  same  line  of  business,  the 
by-lawa  of  which  asociation  provide  for  the 
reimbursement  to  its  members,  out  of  dues 
collected  for  that  purpose,  of  amounts 
which  they  had  actually  paid  as  compensa- 
tion to  injured  employees,  it  was  held  that 
such  an  arrangement  is  not  a  contract  of 
insurance  within  the  meaning  of  section  34 
of  the  act;  that  the  insurer  is  not  an  "in- 
surance carrier  "  as  defined  by  subdivision  6 
of  section  2  of  the  act  and  that  the  com- 
mission is  without  jurisdiction  to  deter- 
mine the  respective  rights  and  liabilities  of 
the  parties  to  such  an  arrangement. — Eris  v. 
Rohde,  4  I.  A.  C.  Dec.  86. 

143.  Policy  specifically  designating  em- 
ployees covered. — A  workmen's  compensa- 
tion policy  covering  employees  specifically 
designated  as  miners,  hoistmen,  surface 
trammen,  timekeeper  and  roustabout,  mill- 
men,  blacksmith  and  helper,  and  cook  and 
waiter,  does  not  include  the  occupation  of  a 
mine  superintendent,  where  there  is  noth- 
ing in  the  contract  from  which  an  intent  to 
extend  the  policy  beyond  the  employees 
specifically  designated. — Pacific  Coast  C.  Co. 
V.  Industrial  Accident  Commission,  176  Cal. 
24,  25,  167  Pac.  539. 

144.  One  of  two  Joint  employers  Insured 
—Insurance  carrier  and  other  employer 
liable. — Where  one  of  two  joint  employers 
was  insured  against  liability  for  compen- 
sation and  nothing  was  said  as  to  the  in- 
terests of  the  other  employer,  and  an  in- 
jury occurred  which  was  covered  by  said 
insurance  and  the  insurance  carrier  was  in- 
sured, it  was  held  that  the  insurance  car- 
rier and  the  other  employer  were  jointly 
liable  for  compensation. — Perry  v.  John- 
son,  4   I.   A.   C.   Dec.   163. 

145.  Construction  of  poIicy^Mining  su- 
perintendent not  included. — In  the  present 
case  a  mining  superintendent  was  held  not 
included  in  the  policy  of  insurance  cover- 
ing employees  of  a  mining  company. — Pa- 
cific, etc.,  Co.  V.  Industrial  Accident  Com- 
mission, 176  Cal.  24,  167  Pac.  539,  4  I.  A.  C. 
Dec.  272  (Angus  v.  White  Gulch  Mining  Co., 
3   I.  A.  C.  Dec.   87). 

146.  Employee  specifically  covered  —  In- 
surance carrier  can  not  claim  non-liability 
because  illegally  employed. — Where  a  pol- 
icy of  insurance  was  issued  upon  an  old 
application  for  a  single  employee  and  at 
the  time  of  the  application  no  inquiry  was 
made  as  to  whether  such  employee  was 
legally  employed  or  not,  the  insurance  car- 
rier can  not  afterwards  claim  non-liability 
because  of  the  fact  that  the  employee  was 
an  errand  boy  under  15  years  and  illegally 
employed  under  section  10  of  the  California 
child  labor  law. — Sharon  v.  Bornstein,  5 
1.   A.  C.  Dec.    166. 


1601 


MASTER  AND   SERVANT. 


Act  2781 


147.  Policy  exclnding  executive  offleers— 
Mining  snperintendent  not  execntive  offlcer. 

— All  assistant  superintendent  of  a  mining' 
comi.any  also  occupying  the  position  of  a 
nominal  director  of  the  company  was  held 
not  to  be  actually  employed  in  an  execu- 
tive capacfty  within  the  meaning-  of  the 
policy  which  excluded  the  executive  offices 
of  the  assured. — Aby  v.  Casualty  &  Guar- 
anty Co..   5  I.  A.  C.  Dec.   160. 

148.  "Executive  offlcer"^Dummy  direc- 
tor not  executive  officer. — An  executive  of- 
ficer is  one  who  acts  in  an  official  capacity 
regardless  whether  or  not  he  is  on  the  board 
of  directors,  and  a  "dummy  director"  is  not 
an  executive  officer,  unless  in  addition  to  his 
nominal  executive  office,  he  is  actually  em- 
ployed in  an  executive  capacity. — Morgan  v. 
Morgan  Improvement  Co..  4  I,  A.  C.  Dec.  66. 

149.  Same — Director    executive     officer.^ 

A  director  of  a  corporation  was  held  in  the 
present  case  to  be  an  executive  offlcer  of 
the  corporation  within  the  meaning  of  an 
insurance  policy  which  covered  the  risk  of 
"clerical  office  employees,  excluding  execu- 
tive officers." — Kohnhorst  v.  Employers, 
etc.,   Co.,  Corporation,   4   I.   A.   C.   Dec.   138. 

150.  Interpretation  of  policy  —  ''General 
farm  vrork,  excluding  tlie  operation  of  farm 
machinery." — Where  an  insurance  policy 
contained  under  the  manual  classification 
of  kind  of  occupation  the  statement  "gen- 
eral farm  work  excluding  the  operation  of 
farm  machinery  (no  blasting)"  and  con- 
tained as  estimated  pay  roll  of  all  em- 
ployees and  an  estimated  advance  premium, 
and  provided  that  the  estimated  pay  roll 
included  the  entire  remuneration  of  all  per- 
sons employed  in  the  service  of  the  em- 
ployer in  his  business  operations  and  was 
given  to  fix  the  estimated  advance  premium 
and  that  if  the  employer  should  make  any 
extension  or  change  in  his  business,  he 
should  pay  an  additional  premium,  it  was 
held  that  the  quoted  statement  merely 
afforded  a  basis  for  computing  the  advance 
premium  and  did  not  exclude  the  operation 
of  farm  machinery  from  the  occupations 
covered  by  the  policy. — Dobson  v.  Ellis,  4 
I.  A.  C.  Dec.  357. 

151.  Same — Same — Assistant  to  tractor 
engineer. — The  engineer  of  a  caterpillar  en- 
gine used  to  pull  a  disc  harrow  is  not  cov- 
ered by  the  policy,  but  a  person  whose  duty 
it  was  to  stand  at  one  end  of  the  field  and 
hold  a  lantern  to  guide  the  engineer  on  his 
return  from  the  other  end,  is  covered, 
since  he  was  assisting  in  plowing  the  field, 
and  not  in  the  special  part  of  the  work  re- 
quiring the  operation  of  machinery. — Mary- 
land, etc.  Co.,  V.  Industrial  Accident  Com- 
mission, 178  Cal.  491,  173  Pac.  993,  5  I.  A.  C. 
Dec.  154.  (Dobson  v.  Ellis,  4  I.  A.  C.  Dec. 
357). 

152.  Assignment  or  change  of  interest. — 
Where  a  policy  issued  by  an  insurance  cer- 
rier,  contained  a  clause  to  the  effect  that 
no  assignment  or  change  of  interest  should 
be  valid  unless  endorsed  in  the  policy  and 
signed  by  an  officer  of  the  carrier,  the  in- 
surance ceases  on  such  transfer,  notwith- 
standing the  business  continued  to  be  con- 
Gen.  Laws — 101 


ducted  by  the  new  owner  under  the  same 
firm  name. — Disberg  v.  Karber,  5  I.  A.  C 
Dec.   30. 

152a.  Assignment  for  benefit  of  cred- 
itors.— Where  the  full  control  of  a  wine 
business  was  turned  over  to  a  creditor  by 
power  of  attorney  to  manage  for  the  bene- 
fit of  himself  and  other  creditors  and  the 
owners  of  the  business,  it  was  held  that 
the  liability  of  the  insurance  carrier  con- 
tinued to  cover  the  employees  of  the  own- 
ers after  such  transfer  of  control. — Zanott' 
V.  Aquilino  &  Lagomarsino  Co.,  3  I.  A.  C. 
Dec.    53. 

153.  Padding  of  pay  roll  -without  car- 
rier's knotvledge.  —  A  subcontractor's  em- 
ployees were  not  insured  by  the  contractor'f 
insurance  policy,  where  the  latter's  pre- 
mium was  estimated  from  his  pay  roll 
which,  without  the  carrier's  knowledge 
contained  the  subcontractor's  pay  roll. — Al- 
varado   v.    Donaldson,   5   I.   A.   C.  Dec.    84. 

154.  Insurance  carrier — Loss  of  right  to 
do  business  in  state. — The  fact  that  the  in- 
surance carrier,  after  the  injury,  has  lost 
the  right  to  do  business  in  the  state,  can 
not  deprive  the  employee  of  the  right  to 
give  the  notice  required  by  section  34  of  the 
act. — Weiser  v.  Industrial  Accident  Com- 
mission,  172  Cal.   538,   540,   157   Pac.   593. 

155.  Policy  specifically  covering  chauf- 
feurs.— Policy  of  insurance  carrier  covering 
employer's  business  operations  in  connec- 
tion with  his  electrical  store,  and  specifi- 
cally covering  chauffeurs,  was  held  to  cover 
a  fatal  injury  to  a  chauffeur  incurred  while 
driving  the  automobile  used  in  the  employ- 
er's business  while  carrying  as  a  passenger 
a  former  employee,  under  his  employer's 
instruction,  from  the  office  of  another  com- 
pany to  her  home. — Millard  v.  Kennedy,  6 
I.  A.  C.  Dec.  118. 

156.  Clause  of  policy  excluding  "con- 
struction of  se-ners." — Under  an  insurance 
policy,  covering  liability  of  a  company  en- 
gaged in  road  or  street  making,  a  clause 
that  the  policy  shall  cover  changes  in  and 
extensions  of  the  business  of  the  insured, 
does  not  cover  the  excavation  of  a  trench 
for  a  conduit  for  the  drainage  of  a  swim- 
ming tank  where  it  contained  a  proviso 
that  it  should  not  cover  the  "construction 
of  sewers." — Worswick  etc.  Co.  v.  Indus- 
trial Accident  Commission,  58  Cal.  Dec.  453, 
185  Pac.  953,  6  I.  A.  C.  Dec.  226;  Employer's 
etc.  Co.  V.  Industrial  Accident  Commission, 
58  Cal.  Dec.  453,  185  Pac.  953,  6  I.  A.  C.  Dec. 
226;  Worswick  etc.  Co.  v.  Industrial  Acci- 
dent Commission,  58  Cal.  Dec.  460,  461,  185 
Pac.  953,  6  I.  A.  C.  Dec.  223,  224;  Employer's 
etc.  Co.  V.  Industrial  Accident  Commission, 
58  Cal.  Dec.  460,  461,  185  Pac.  953,  6  I.  A.  C. 
Dec.   223.   224. 

157.  Rescission  of  policy  for  misrepresen- 
tation after  commencement  of  proceeding. — 
A  policy  can  not  be  avoided  after  the  com- 
mencement of  proceedings  for  a  death  bene- 
fit.— Mann  v.  Johnson,   4  I.  A.  C.  Dec.   253. 

158.  Liability  of  insurance  carrier — After 
accrual  of  rights. — Where  the  rights  of  an 
applicant  for  a  death  benefit  had  accrued  at 
the  time  of  the  injury  and  before  cancella- 


Act  2781 


GENKRAL  L,A>%'S. 


1G02 


tlon  of  the  policy,  the  poUcy  could  not  be 
avoided  because  of  the  employer's  misrepre- 
Bentations. — Mann  v.  Johnson,  4  I.  A.  C.  Dec 
:i53. 

159.  In«nrance  cnrrlet  bound  by  repre- 
Mrntntiuna  of  his  n>rent. — An  insurance  car- 
rier was  held  bound  by  the  representations 
uf  his  agent  that  the  policy  was  in  full  force 
and  effect  at  the  time  of  the  injury,  not- 
withstanding the  failure  of  the  agent  to 
account  for  the  premium  received  by  him 
and  the  Issue  of  a  five  day's  notice  of  can- 
cellation to  which  the  attention  of  the  local 
agent  was  called  and  promised  to  correct 
the  matter,  but  failed  to  do  so. — Marion  v. 
Fuller,  4  I.  A.  C.  Dec.  281. 

160.  An  innurnnee  carrier  is  bound  by 
the  act  of  his  agent  In  renewing  an  old 
policy  so  as  to  date  from  its  expiration  ac- 
cording to  the  custom  of  such  insurance 
carrier. — Lamb   v.    Pond,   5   I.   A.   C.   Dec.    99. 

161.  Renewal  of  policy  dated  after  In- 
jury.— Where  a  renewal  policy,  dated  from 
the  expiration  of  the  old  policy  according  to 
the  custom  of  the  insurance  carrier,  al- 
though Issued  after  an  injury  was  held  to 
have  protected  the  employer  and  employee 
covered  by  the  old  policy. — Lamb  v.  Pond, 
5   I.   A.  C.  Dec.   99. 

IQ'J.  Waiver  of  llleg:al  employment. — The 
illegality  of  the  employment  of  a  minor  is 
not  waived  by  an  insurance  carrier  where  it 
had  no  knowledge  of  such  illegality. — Mary- 
land Casualty  Co.  v.  Industrial  Accident 
Commission,  179  Cal.  716,  178  Pac.  858,  6 
I.  A.  C.  Dec.   30. 

16S.  Illegral  employment  of  minor. — An 
award  under  the  act  against  an  insurance 
carrier  of  the  employers  of  a  minor  of  the 
age  of  fifteen  years  and  two  months  with- 
out the  issuance  of  the  certificate  required 
by  the  child  labor  law  of  1915,  and  its  pre- 
sentation to  his  employers;  and  the  illegal 
character  of  the  employment  is  not  changed 
by  the  fact  that  he  was  injured  after  school 
hours,  where  he  was  employed  six  days  in 
the  week  and  during  the  whole  day;  nor  is 
It  changed  by  the  fact  that  such  minor  was 
attending  night  school. — Maryland  Casualty 
Co.  V.  Industrial  Accident  Commission,  179 
Cal.  716,  178  Pac.  858,  6  I.  A.  C.  Dec.  30. 

164.  Policy  covering  all  employees — Mi- 
nor lIleKT.iIly  employed  covered. — A  policy  of 
Indemnity  issued  by  an  insurance  carrier 
to  cover  all  employees  legally  employed  is 
not  void  ab  initio,  because  of  the  illegal 
employment  of  a  minor,  but  would  attach 
as  to  such  minor  upon  the  issuance  to  him 
of  a  proper  certificate  or  to  any  other  em- 
ployee who  might  take  his  place. — Mary- 
land Casualty  Co.  v.  Industrial  Accident 
Commission,  179  Cal.  716,  178  Pac.  858,  6 
I.  A.  C.  Dec.  30. 

165.  Condition  acrainNt  illep'al  employ- 
ment.— Where  there  was  a  condition  in  the 
policy  that  no  person  should  be  employed 
in  violation  of  law,  the  employment  of  a 
minor  below  the  legal  age  in  violation  of 
law  voided  the  policy  notwithstanding  con- 
dition of  the  same  policy,  providing  that 
no  default  as  to  any  condition  of  the  policy 


shall  affect  the  right  of  the  employee  to 
compensation. — Clarke  v.  Gise,  5  I.  A.  C. 
Dec.  219. 

166.  Where  an  inMUrance  policy  excluded 
minors  employed  in  violation  of  law  and  no 
written  permit  of  employment  was  obtained 
for  a  minor  employee,  though  oral  assur- 
ance was  given,  it  was  held  that  the  insur- 
ance carrier  was  not  liable. — Yeager  v.  Uni- 
versal, etc.,  Co.  5  I.  A.  C.  Dec.  131. 

167.  Requirement  aa  to  notice  munt  be 
complied  with. — The  provisions  of  the  pol- 
icy with  reference  to  notice  from  the  em- 
ployer to  the  Insurance  carrier  must  be 
complied  with  and  the  presumption  of  sec- 
tion 30  can  not  be  relied  upon. — Fry  v.  Mc- 
Kay, 5  I.  A.  C.  Dec.  136. 

168.  Compliance  with  requirement  aa  to 
notice  munt  be  proved. — The  notice  required 
by  the  policy  to  be  given  by  the  employer 
to  the  insurance  carrier  must  be  proved  in 
a  claim  by  the  employer's  physician  against 
the  insurance  carrier. — Fry  v.  McKay,  6 
I.   A.  C.  Dec.   136. 

16Sa.  Liability  of  carrier  must  be  ralld 
and  enforceable  to  relieve  employer  of  lia- 
bility.— It  is  held  that  the  assumption  of 
liability  of  the  insurance  carrier  must  be 
valid  and  enforceable  in  order  to  relieve  the 
employer  from  liability  under  the  terms  of 
the  act. — Hoover  v.  Kuykendall,  3  I.  A.  C. 
Dec.  51. 

V.     Eight  to  Compensation. 

1.   Employee,   a.    In  general. 
169.     Who  are  employees — Personal  con- 
trol. 

' '  Employee ' '  —  Broad  interpreta- 
tion to  be  given. 

Boxer  in  bout  at  social  club. 

Volunteer  services- — Fireman. 

Same — Picket  for  labor  union. 

Tentative  engagement  without  pay 
— Porter  at  county  hospital. 

Contract  of  hire  not  necessary — Ap- 
pointment sufBcient. 

Teamster  for  share  of  daily  earn- 
ings without  sharing  losses. 

Husband  as  employee  of  wife. 

Lumber  tallyman    —    Procured 

through  association. 

Flagman  for  two  railroads, 

b.    Employment. 

"Manual  labor" — Expressman. 

Compensation — On  commission  and 
salary. 

Salesman  on  commission — Injury 
in  hotel  fire. 

Donation  of  services — No  intention 
of  hiring. 

Employee  furnished  by  agency — 
Commencement    of   employment. 

Continuation  of  employment  after 
engaging  in  outside  work. 

Work  while  final  negotiations  for 
employment  pending. 

Termination  of  employment — Ef- 
fect of  letter  refusing  increase  in 
salary. 

Chanffefir  selling  second-hand  au- 
tomobiles on  commission. 


170. 

171. 
172. 
373. 
174. 

175, 

176. 

177. 
178. 

179. 


180. 
181. 

181a. 

182. 

183. 

184. 

185. 

186. 


186a. 


1603 


MASTER  AND   SERVANT. 


Act  2T81 


c.  Minors. 

187.  Work  for  parent — Positive  evidence 

of  employment  required. 

188.  Same — Unemancipated  minor  son. 

189.  Fourteen-year-old      Mexican  —  Em- 

ployee   of    motion    picture    com- 
pany. 

189a.  Employee  as  taxi-driver. 

190.  Majority  of  female  employee. 

d.  Official. 

191.  Justice   of   the   peace    not   an   em- 

ployee. 

192.  Sheriff  not  an  employee. 

193.  Citizen  aiding  peace  officer  to  make 

an  arrest  not  an  employee. 

194.  Judge  of  an  election  board  not  an 

employee. 

195.  A  teamster  employed  at  a  munici- 

pal woodyard. 

196.  Employment   on  behalf   of  munici- 

pality. 

e.    Independent  contractor. 

197.  Test  of  independent  employment. 

198.  Employee     and     independent     con- 

tractor— Distinction. 

199,  200.     Woodchopper  on  piecework  basis- 
Employee. 
201.     Woodchopper — Employee. 

202-  206.     Same — Independent    contractor. 

207.  A  tie  cutter  on  a  piecework  basis. 

208.  Lumber  piler — Employee. 

209.  Driver    of    bakery    wagon — Selling 

bread  on  commission — Employee. 

210.  Same — Choosing  own  time,  not  con- 

clusive. 

211.  Laundry    collector    on    commission 

basis — ^Employee. 

212.  Real    estate    salesman    on    commis- 

sion basis. 

213.  Traveling   salesman   on   commission 

basis — Employee. 
213a.  A    salesman    with    exclusive    sales 
rights,  on  commission — Employee. 

214.  Foreman  of  a  "station  gang"  on 

the    Hetch-Hetchy    project — Em- 
ployee. 

215.  Expressman — Employee. 

216.  School    boy    engaged    to    assist    in 

janitor  work — Employee. 

217.  Shingle   maker   on   piecework   basis 

— Employee. 

218.  Cemetery  employment — Employee. 

219.  Trim  sawyer  for  lumber  mill — Em- 

ployee. 

220.  Newspaper  carrier — Employee. 

221.  Newsboy — Independent     contractor 

— Employee. 

222.  Painters — Employees. 

223.  Same — Independent    contractor. 

224.  Farmer   hauling   pipe   for   his   own 

farm  for  contractor — Employee. 

225.  Foreman    of    water    company,    fur- 

nishing   team    and    driver;    both 
held  employees  of  company. 

226.  Italians    pruning    vines,    etc. — Em- 

ployees. 

227.  Truck      driver — Independent      con- 

tractor. 

228.  Aviator — Independent  contractor. 


229.  Teaming  and  grading — Independent 

contractor. 
229a.  Teamster  using  own  time — Hauling 
tanbark  at  fixed  price  per  ton. 

230.  Window  washer — Independent  con- 

tractor, 

f.  Partners  as  employees. 

231.  Act  of  1917— Working  partner  re- 

ceiving wages. 

232.  Act    of    1913— Partner    receiving 

wages, 

B.    Dependent. 

233.  "Member   of   family" — Definition, 

234.  Daughter-in-law  and  grandchild. 

235.  Termination  of  assumed  obligation 

to  support  sister. 

236.  Non-resident  parents — Presumption 

as  to  dependency. 

237.  Minor  child  of  divorced  parents. 

238.  Same — Father's    statutory    obliga- 

tion not  ended  by  divorce  decree. 

239.  Dependency  of  father  on  minor  son. 

240.  Stepmother. 

241.  Invalid  son — Wife's  earnings. 
242-244a.  Wife — Interlocutory   decree   of    di- 
vorce without  alimony. 

245.  Divorce — -No  condition  as  to  sup- 
port of  children — No  dependency 
of  children. 

£46.  Illegitimate  minor  children  living 
with  his  family. 

246a.  Same — Finding  supported  by  evi- 
dence. 

247.  Woman    and    employee    living    to- 

gether in  good  faith  as  husband 
and  wife,  though  not  married. 

248.  Woman    and    employee    living    to- 

gether— No    legal     liability     for 
support. 

249.  Woman  married  to  employee  with- 

out   divorce    from    previous    hus- 
band. 

250.  Wife  separated  from  employee  be- 

cause  of   latter 's   desertion — De- 
cree for  separate  maintenance. 

251.  Wife    living    separate    and    apart 

from  husband  against  his  will. 

252.  Wife's    justified    desertion    of    em- 

ployee. 

253.  Remarriage   of  widow   of   deceased 

employee. 

254.  Wife  confined  in  insane  asylum. 

255.  Stranger      to      the     blood — House- 

keeper for  employee, 

1.  Employee,   a.  In  general. 

169.  Who  are  employees — Personal  con- 
trol.— Whether  one  is  an  employee  w^ithin 
the  meaning-  of  the  workmen's  compensa- 
tion act  or  not,  depends  upon  those  partic- 
ular circumstances  which  tend  to  show 
vt^hether,  at  the  precise  time  of  the  accident 
for  wliich  compensation  is  sought,  the 
petitioner  had  power  to  exercise  over  the 
applicant  such  personal  control  as  to  attri- 
bute to  him  the  characteristic  of  an  em- 
ployee.— Brown  v.  Industrial  Ace.  Com.,  174 
Cal.   457,   460,   163   Pac.   664. 

170.  "Employee"  —  Broad  Interpretation 
to  be  given. — As  to  liberal  construction  of 
the    act    by    giving    the    term    "employee"    a 


Act  2781 


GENERAL   LAWS. 


]C(M 


broad  Interpretation. — Western  Indemnity 
Co.  V.   nilsbury.   172  Cal.  807.   159   Pac.  721. 

Who  ia  a  Turkman  within  the  meaning 
of  the  worknien's  coniix'iisation  act. — See 
note  to  Walker  v.  Crystal  Palace  Football 
Club.  Ann.  Cas.   1913C.   28. 

The  niihjert  of  workmen's  eompcnMntion 
«cta  is  elaborately  discussed  in  Labatt's 
work  on  Master  and  Servant  (2d  ed.).  See, 
also,  Honnold's  Treatise  on  American  and 
Knii;lish  Workmen's  Compensation  Laws, 
with    the    1918    supplement. 

171.  Iloxer  In  bout  at  nodal  clnb. — .A.n  in- 
Jury  to  a  boxer  in  a  bout  at  a  social  club  is 
not  compensable. — Andrich  v.  Young,  5 
I.   A.  C.   Dec.   171. 

173.  Volunteer  aervloea  —  Fireman.  —  A 
voluntary  flremun  is  in  the  ser%'ii'e  of  the 
city  under  a  contract  of  hire  even  though 
he  serves  without  pay. — Noyes  v.  City  of 
Kureka.   5  I.  A.  C.   Dec.   163. 

173.  Same — Picket  for  labor  union. — 
Where  a  member  of  a  labor  union  volun- 
teered for  picket  duty  which  was  not  com- 
pulsory, and  he  worked  for  only  such  time 
as  he  desired  and  he  received  strike  bene- 
fits regardless  of  any  service  as  picket,  it 
was  held  that  said  picket  was  not  an  em- 
ployee of  said  labor  union. — Olsen  v.  Rig- 
gers &  Stevedores  Union,  4  I.  A.  C.  Dec.  252. 

174.  Tentative  enKncrement  '«vithout  pay 
— I'orter  at  county  hoHpItal. — A  patient  in 
a  county  hospital  engaged  as  a  porter  on 
trial  is  during  such  tentative  engagement, 
an  employee  of  the  hospital. — Hippensteel 
V.  County  of  Fresno,  4  I.  A.  C.  Dec.  304. 

l?.**.  rontrncf  of  hire  not  necessary — .\p- 
pointment  Hulflclent. — An  appointment  of 
hire  is  sufficient  without  a  contract  of  hire, 
to  create  the  status  of  employer  and  em- 
ployee under  the  provisions  of  sections  13 
and  14  of  the  act. — Hartman  v.  Ralston  Iron 
Works,   4   I.   A.   C.   Dec.    13. 

176.  Tenmnter  for  Mlinre  of  daily  earn- 
Inicn  without  nhnrini;  Ioxmch. — Where  one 
drives  another's  team  and  wagon  for  one- 
half  the  daily  earnings,  less  the  cost  of  the 
feed  of  the  team,  without  sharing  losses, 
he  Is  an  employee  and  not  a  partner. — 
Hieronlmus  v.  California,  etc.,  Co.,  6  I.  A.  C. 
Dec.   19. 

177.  Hnnband  an  employee  of  wife. — 
There  is  considerable  doubt  whether  under 
the  laws  of  California,  either  a  husband  or 
a  wife  can  be  an  employee  of  the  other. — 
Braun   v.   Braun,   4   I.   A.   C.   Dec.   90. 

17K.  Lumber  tallyman — Procured  throui^h 
aMNociation. — A  tallyman  is  an  employee 
of  a  lumber  shipper  though  his  services 
are  procured  through  the  tallyman's  asso- 
ciation.— Holcomb  v.  Standard  Oil  Co.,  6 
I.    A.    C.    Doc.    240. 

170.  PlaR-man  for  trro  railroads. — A  flag- 
man performing  duties  for  two  adjoining 
railroads  was  held  to  be  a  joint  employee 
of  both,  although  directed  and  paid  by  one 
company  only. — Robinson  v.  San  Francisco, 
etc..  Railways,  5  I.  A.  C.  Dec.   138. 

h.    Employment. 
180.     "Manual  labor" — KxpreHsman.  —  The 

work    of    an    expressman    is    manual    labor 


within  the  meaning  of  the  act,  although  he 
also  furnishes  a  truck. — Reeves  v.  Fllck- 
enger,    5    I.    A.   C.   Dec.    173. 

ISl.  ComprnNation — On  commlnnion  and 
salary. — Tlie  fact  that  the  compensation  of 
an  employee  is  partly  by  salary  and  partly 
by  commission,  does  not  affect  the  employ- 
er's liability,  where  the  latter  Is  entitled  to 
all  the  employee's  working  hours,  and  to 
direct  his  labor,  and  such  employee  would 
be  entitled  to  compensation  if  injured 
while  earning  commission  as  when  earning 
salary. — Cameron  v.  Pillsbury,  173  Cal.  83, 
84,    159   Pac.   149. 

181n.  .Salesman  on  commission — Injury  lu 
hotel  flre. — A  salesman  on  commission  does 
not  come  within  the  benefits  of  the  act  of 
1913,  and  his  injuries  and  losses  in  a  fire 
in  a  hotel  where  he  was  stopping  for  the 
night,  in  a  town  where  he  was  to  be  lo- 
cated indefinitely,  are  not  compensable. — 
Forman  v.  Industrial  Accident  Commission, 
31   Cal.   App.   441,   160   Pac.   857. 

ISl!.  Donation  of  services— No  intention 
of  hlrlnfc. — An  applicant  for  compensation 
was  not  working  In  the  employment  of  an- 
other within  the  meaning  of  section  8(a)  of 
the  act  of  1917,  where  he  donated  his  serv- 
ices, and  there  was  no  intention  to  enter 
into  a  contract  of  hire  or  apprenticeship. — 
Hitchcock  v.  American  National  Red  Cross, 
6  I.   A.  C.   Dec.   58. 

1S.3.  Employee  furnished  by  asrency^ 
Commencement  of  employment. — Where  an 
employee  was  furnished  by  an  employment 
agency  for  work  on  a .  state  highway  and 
was  killed  in  an  automobile  accident  while 
on  his  way  to  the  place  of  his  employment 
sixty  miles  distant,  it  was  held  that  under 
the  circumstances  the  contract  of  employ- 
ment had  been  consummated  when  the  ar- 
rangement was  entered  into  and  that  ad- 
verse action  by  the  foreman  on  the  job 
after  the  employee  reached  such  place 
would  be  a  discharge  and  not  a  refusal  to 
confirm  the  employment. — McGillivray  v. 
California  Highway  Commission,  5  I.  A.  C. 
Dec.  181,  5  I.  A.  C.  Dec.   208. 

1N4.  Continuation  of  employment  after 
engnKlng  In  outHide  work. — In  this  case  it 
was  held  that  the  relation  of  employer  and 
employed  continued  after  salary  of  a  mas- 
seuse was  discontinued  and  she  was  al- 
lowed to  engage  In  outside  work  and  keep 
the  tips  and  fees  collected  from  her  pa- 
tients, her  duties  remaining  the  same  and 
she  continuing  to  receive  her  board  and 
lodging. — McLean  v.  Guenther,  4  I.  A.  C. 
Dec.   300. 

1S."».  'Work  while  final  ncfcotlations  for 
employment  pending-  —  Work  performed 
pending  final  negotiations  as  to  the  terms 
of  the  employment  is  held  to  be  work  per- 
formed pursuant  to  a  contract  of  hire  and 
an  Injury  sustained  in  course  thereof  la 
compensable. — Kendall  v.  Perry,  5  I.  A.  C. 
Dec.  167. 

ISO.  Termination  of  employment — Effect 
of  letter  refiiNing  increase  In  salary. — A  let- 
ter written  by  an  employer  to  his  employee 
in  answer  to  a  request  for  a  raise  of  salary, 
wliich  gave  the  latter  the  option  of  leaving 


1605 


MASTER  AND   SERVANT. 


Act  2781 


or  of  continuing  the  employment  at  the 
existing  salary,  did  not  have  the  effect  of 
terminating  the  employment,  and  a  finding 
of  the  commission  that  the  employment  still 
existed  can  not  be  disturbed. — Krobitzsch  v. 
Industrial  Accident  Commission,  58  Cal. 
Dec.  445,  185  Pac.  396,  6  I.  A.  C.  Dec.  218 
(Starkey  v.  Krobitzsch,  6  I.  A.  C.  Dec.  61). 
I86a.  Chauffeur  nelling  second-hand  an- 
toinobileH  on  commission. — Where  the  chauf- 
feur employed  by  an  automobile  owner  is 
incidentally  given,  by  the  proprietor  of  the 
garage  where  the  automobile  is  kept,  op- 
portunity in  his  leisure  moments  to  aid  in 
the  sale  of  second-hand  automobiles  on  com- 
mission, but  is  under  no  duty  to  do  so  nor 
under  the  control  or  direction  of  the  pro- 
prietor, it  was  held  that  he  was  not  in  the 
employment  of  the  proprietor. — Lane  v. 
Herrick,  3  I.  A.  C.  Dec.  29. 

c.  Minors. 

187.  Work  for  parent,  etc Positire  evi- 
dence of  employment  required. — Where 
services  are  being  rendered  by  a  minor 
child  to  its  parent,  by  a  wife  to  a  husband 
or  by  a  husband  for  the  benefit  of  his  wife 
and  family,  the  normal  presumption  is  that 
the  services  were  rendered  in  the  course 
of  the  duties  arising  out  of  such  relation- 
ship, unless  there  be  positive  evidence  to 
establish  an  additional  relationship. — Braun 
v.   Braun,   4   I.   A.   C.   Dec.    90. 

188.  .  Same — Unemancipated    minor    son. — 

The  father  of  a  minor  of  19  years  of  age 
living  with  his  parents  at  their  home  on 
the  father's  ranch,  is  not  entitled  to  pay- 
ment from  the  insurance  carrier  which  is- 
sued its  policy  protecting  against  claims  for 
injuries  on  the  part  of  his  employees  and 
for  medical  and  other  expenses  incurred,  by 
him,  growing  out  of  an  injury  to  his  son 
received  while  the  son  was  rendering  serv- 
ices to  his  father,  where  the  evidence  shows 
that  the  minor  had  not  been  emancipated, 
and  therefore  unable  to  enter  into  a  valid 
contract  of  hiring. — Aetna,  etc.,  Co.  v.  In- 
dustrial Accident  Commission,  175  Cal.  91, 
L.  R.  A.  1918F,  194,  165  Pac.  15,  4  I.  A.  C. 
Dec.  119  (Aetna,  etc.,  Co.  v.  Rieck,  3  I.  A.  C. 
Dec.  163). 

189.  Fourteen-year-old  Mexican  —  Em- 
ployee of  motion  picture  company. — A  four- 
teen-year-old Mexican  boy  was  held  under 
the  circumstances  of  this  case  to  have  been 
an  employee  of  a  motion  picture  company. — 
Villaneva  v.  Fox  Film  Co..  4  I.  A.  C.  Dec. 
191. 

ISDa.  Employee  as  taxi-driver. — In  this 
case,  the  applicant  for  compensation,  who 
was  a  boy  sixteen  years  old,  was  held  to 
be  an  employee  of  the  defendant  as  a  taxi- 
driver. — Ellis  V.  Pedroni,  4  I.  A.  C.  Dec.  258. 

190.  Majority  of  female  employee. — Un- 
der the  provisions  of  the  act  a  female  em- 
ployee attains  her  majority  at  twenty-one 
years  of  age. — Michaud  v.  Gouanillon,  6 
I.  A.  C.  Dec.  264. 

d.  Official. 

191.  JuHtire  of  the  peace  not  an  em- 
ployee.— A  duly  elected  and  qualified  justice 


of  the  peace  is  not  an  employee  within  the 
meaning  of  the  compensation  act.  — 
Meadows  v.  County  of  Kings,  4  I.  A.  C. 
Dec.  274. 

192.  Sheriff  not  an  employee. — A  sheriff 
is  not  an  "employee"  within  the  meaning 
of  section  14  of  the  act,  which  defines  an 
employee  to  be  every  person  in  the  service 
of  an  employer  as  defined  by  section  13  of 
the  act  "under  any  appointment  or  con- 
tract of  hire  or  apprenticeship." — Mono 
County  V.  Industrial  Accident  Commission, 
175  Cal.  751,  167  Pac.  377,  4  I.  A.  C.  Dec. 
269  (Dolan  v.  Mono  County,  3  I.  A.  C.  Dec. 
358). 

193.  Citizen  aiding  peace  officer  to  make 
arrest  not  an  employee. — Where  a  citizen 
volunteered  his  services  to  aid  a  peace  of- 
ficer in  making  an  arrest  at  a  threatened 
breach  of  the  peace  and  his  offer  of  aid  was 
accepted  by  the  arresting  officer  and  he  was 
injured  while  so  assisting  said  officer,  it 
was  held  that  since  said  citizen  rendered 
said  aid  solely  by  reason  of  a  duty  imposed 
upon  him  by  law,  he  was  not  an  employee 
of  the  municipality  at  the  time  of  said  in- 
jury.— Richardson  v.  City  of  Santa  Rosa,  4 
I.  A.  C.  Dec.  380. 

194.  Judge  of  an  election  board  not  an 
employee. — The  judge  of  an  election  board 
at  a  municipal  election  is  not  an  employee 
of  the  city,  and  is  not  entitled  to  compen- 
sation under  the  act  for  Injuries  received 
while  performing  the  political  duty,  not 
within  the  control  of  the  city,  so  as  to  re- 
quire it  to  provide  means  for  his  safety,  of 
carrying  the  election  returns  from  the  poll- 
ing place  to  the  city  hall. — Los  Angeles  v. 
Industrial  Accident  Commission,  35  Cal. 
App.   31,   169  Pac.   260. 

195.  A  teamster  employed  at  a  municipal 
woodyard  for  unemployed  persons,  to 
perform  all  such  services  as  were  re- 
quired by  him  by  the  superintendent,  was 
held  to  be  an  employee  of  the  city  within 
the  meaning  of  the  compensation  act. — 
North  V.  City  of  Oakland,  4  I.  A.  C.  Dec. 
231. 

196.  Employment  on  behalf  of  munici- 
pality.— A  helper  hired  by  a  municipal  em- 
ployee in  the  belief  of  both  parties  that  he 
was  authorized  to  do  so  for  the  municipal- 
ity, was  held  not  to  have  been  an  employee 
of  the  defendant  municipality  and  since  it 
was  understood  by  the  parties  that  the  em- 
ployment was  by  the  city,  the  said  em- 
ployee was  not  the  employer  of  the  helper. 
— Good  V.  City  of  San  Bernardino,  5  I.  A.  C. 
Dec.    116. 

e.    Independent  contractor. 

197.  Test    of    independent    employment. — ■ 

The  test  of  an  independent  contractor  is 
that  he  renders  services  in  the  course  of 
an  independent  employment  or  occupation, 
following  his  employer's  desires  only  as  to 
the  results  of  his  work,  but  not  in  tho 
means  whereby  it  is  to  be  accomplished. — 
Brown  v.  Industrial  Accident  Commission, 
174  Cal.   457,  460,  163   Pac.   664. 

198.  Employee  and  independent  con- 
tractor— Distinction. — As    to    distinction    be- 


Act  2781 


GENERAL.   I-VW^S. 


lene 


tween  a  "servant"  or  "employee"  and  an 
independent  contractor. — Western  Indem- 
nity Co.  V.  Pillsbury,  172  Cal.  807,  159  Pac. 
721. 

109.  W'ood<-hopper  on  piecework  ImHis— 
Employee. — A  woodchopi)er  working  on  a 
piecework  basis  was  held  under  the  circum- 
stances of  the  preesnt  case  to  be  an  em- 
ployee and  not  an  independent  contractor. — 
Duncan  v.  Parsons,   4  I.  A.  C.   Dec.   201. 

200.  A  woodchopper  working  on  a  piece- 
work bn.sis  is  an  employee  and  not  an  In- 
dependent contractor. — Mills  v.  Pomon,  4 
I.   A.   C.   Dec.    295. 

201.  AVoodfhopper — Employee. — Where  a 
woodchopper  was  engaged  to  cut  wood  at 
so  much  a  cord  he  and  his  companions  to 
supply  their  own  tools,  and  no  hours  of 
service  agreed  upon  and  the  arrangement 
could  be  terminated  by  either  party  at  any 
time.  It  was  held  that  his  services  con- 
sisted of  "manual  labor"  and  that  he  was 
an  employee  and  not  an  independent  con- 
tractor.— Swain  v.  Scott,  5  I.  A.  C.  Dec.  143. 

202.  Same — Independent  contractor.  —  A 
woodchopper  engaged  to  cut  a  specified 
amount  of  railroad  ties  and  cordwood  at  a 
specified  rate  per  cord  and  per  tie,  to  fur- 
nish his  own  tools,  select  his  own  place  of 
work,  and  to  work  at  such  times  and  in 
such  manner  as  he  chose,  subject  to  no 
control  except  that  the  defendant  retained 
the  right  to  reject  any  tics  or  wood  not 
up  to  specifications,  vras  held  to  be  an  in- 
dependent contractor  and  not  an  employee. 
— Fleming  v.  Bucksport,  etc.,  Co.,  5  I.  A.  C. 
Dec.  53. 

203.  One  who  agrees  vrith  the  o^vner  ot 
land  to  cut  wood  thereon  for  a  specified 
price  per  cord,  furnishing  his  own  tools 
and  working  when  he  pleased,  is  an  inde- 
pendent contractor,  although  there  was 
nothing  specific  in  the  contract  as  to  the 
number  of  cords  to  be  cut,  and  the  employ- 
ment might  be  terminated  at  the  will  of 
either  party. — Parsons  v.  Industrial  Acci- 
dent Commission,   178  Cal.   394,  173  Pac.   585. 

204.  One  who  aarrees  with  the  superin- 
tendent of  a  corporation  to  cut  cordwood 
and  posts  at  a  specified  rate  per  cord  and 
per  post,  with  the  understanding  that  he 
was  to  keep  at  work  until  notified  by  the 
superintendent  tliat  a  sufficient  quantity 
had  been  produced,  without  any  agreement 
as  to  hours  of  labor  or  methods  to  be  pur- 
sued, is  an  independent  contractor  and  not 
an  employee  under  the  act. — Fidelity  & 
Deposit  Co.  V.  Brush,  170  Cal.  448,  449,  168 
Pac.  890. 

205.  AVhere  the  Hon  of  an  independent 
contractor  entered  into  an  agreement  with 
his  father  to  work  with  him  and  divide 
equally  the  amount  to  be  received,  he  was 
himself  an  independent  contractor,  whether 
he  was  a  partner  or  employee  of  his  father, 
so  far  as  the  company  contracting  with  his 
father  was  concerned,  although  the  super- 
intendent of  the  latter  knew  and  approved 
of  arrangement. — Fidelity  &  Deposit  Co.  v. 
Brush,   176  Cal.   448,   450,  168   Pac.   890. 

200.  One  who  eontrnctit  to  cat  ivood  for 
a    stipulated    price    per    cord    is    an     inde- 


pendent contractor,  and  the  owner  of  the 
land  Is  not  liable  under  the  act  for  com- 
pensation for  personal  injuries  suffered  by 
an  employee  of  a  subcontractor. — Donlon 
Bros.  V.  Industrial  Accident  Commission, 
173    Cal.    250,   251,    159    Pac,   715. 

207.  A  tie  cutter  on  a  piecework  basis, 
without  any  specification  as  to  hours  of 
labor,  who  furnishes  his  own  tools  for 
making  the  ties,  and  the  owner  furnishes 
the  tools  for  felling  the  trees,  Is,  under 
section  8(b)  of  the  act,  not  an  employee, 
but  an  Independent  contractor. — Simpson  v. 
Decker,   6  I.  A.  C.  Dec.  216. 

208.  Lumber  pller — Employee. — Where  a 
lumber  piler  contracted  with  a  lumber  com- 
pany to  pile  lumber  cut  In  Its  mill  at  a 
certain  rate  per  thousand  feet  piled  and 
he  hired  the  men  to  do  the  work  and  con- 
trolled and  discharged  them,  and  the 
amount  of  lumber  piled  was  reported  to  the 
company  each  night  and  the  lumber  piler 
did  not  work  himself  and  the  earnings 
were  divided  equally  between  him  and  the 
men,  who  were  paid  directly  by  the  com- 
pany. It  was  held  that  said  men  and  said 
lumber  piler  were  employees  of  said  com- 
pany.— Singley  v.  Standard  Lumber  Co.,  4 
I.  A.   C.   Dec.   161. 

200.  Driver  of  bakery  wagon — Scllinii;- 
bread  on  commission  ^  Employee.  —  The 
driver  of  a  bakery  wagon,  selling  bread  on 
commission,  who  received  a  guarantee  of 
fifteen  dollars  per  week,  returning  to  the 
bakery  owner  all  over  fifteen  dollars  per 
week,  and  who  received  nothing  extra  for 
different  work,  was  held  to  be  an  employee 
of  such  bakery  owner,  and  entitled  to  com- 
pensation as  such. — Easton  v.  Industrial  Ac- 
cident Commission,  34  Cal.  App.  321,  167 
Pac.  288  (Sohn  v.  Easton,  4  I.  A.  C.  Dec. 
104). 

210.  Same — Choosing  own  time,  not  con- 
clusive.— The  fact  that  a  bakery  wagon 
driver,  selling  bread  on  a  commission  basis, 
chose  his  own  time  to  go  out  on  his  route, 
and  return,  and  was  not  directed  by  the 
bakery  owner  where  to  go  or  when  to  re- 
turn, has  some  probative  force  but  was  not 
conclusive  of  the  relationship  of  employer 
and  employee. — Easton  v.  Industrial  Acci- 
dent Commission,  34  Cal.  App.  321,  167  Pac. 
288. 

211.  Laundry  collector  on  commission 
basis — Employee. — A  laundry  collector  and 
solicitor  on  a  commission  basis,  held  an 
employee  under  section  8(b)  of  the  act.^ — • 
Page  V.  Peerless  Laundry  Co.,  6  I.  A.  C. 
Dec.  56. 

212.  Real  estate  salesman  on  commission 
basis — Employee. — A  person  employed  to 
sell  real  estate,  who,  by  the  terms  of  his 
contract  of  employment  is  required  to  de- 
vote all  his  time  to  making  such  sales,  and 
to  receive  as  compensation  for  his  services 
a  commission  upon  the  selling  price  of  each 
lot  sold,  the  owner  reserving  the  right  to 
approve  all  sales  and  to  designate  the  ter- 
ritory in  which  the  agent  should  work,  is 
an  employee  within  the  meaning  of  the  act. 
— Brown  v.  Industrial  Accident  Commission, 


ico: 


MASTER  AND   SERVANT. 


Act  2781 


174  Cal.   457,  163  Pac.   6S4,   4  I.  A.  C.  Dec.  73 
(Skidmore  v.  Brown,  2  I.  A.  C.  Dec.  493). 

213.  Traveling:  salesmau  on  commission 
Itasi.s — Employee. — A  traveling  salesman  on 
commission  basis  held  to  be  an  employee 
and  not  an  independent  contractor. — Linder 
V.  McBride,   6  I.  A.   C.  Dec.   151. 

213a.  A  salesman  vrith  exclusive  sales 
rigrhts,  on  commission — Employee. — A  sales- 
man, with  exclusive  sales  rights  under  com- 
mission, and  a  bonus  for  certain  incidental 
expenses,  ■whose  whole  time  is  devoted  to 
the  service,  is  an  employee  and  not  an  in- 
dependent contractor. — Simmons  v.  Shepard 
Salesbrook  Co.,  6  I.  A.  C.  Dec.  145. 

214.  Foreman  ot  a  "station  gang"  on  the 
Hetch-Hetchy  project  —  Employee.  —  The 
foreman  of  a  "station  gang"  on  the  Hetch- 
Hetchy  project,  who  had  signed  a  station 
gang  contract  with  the  general  contractor, 
was  an  employee  of  the  general  contractor 
and  not  an  independent  contractor  or  mem- 
ber of  an  association  of  independent  con- 
tractors.— Athanasiou  v.  Rolandi,  4  I.  A.  C. 
Dec.   1S4. 

215.  Expressman  —  Employee.  —  An  ex- 
pressman engaged  to  haul  goods  for  re- 
muneration for  himself  and  his  truck  to 
be  fixed  later,  is  an  employee  and  not  an 
independent  contractor. — Reeves  v.  Flick- 
cnger,   5  I.  A.  C.  Dec.   173. 

216.  School  boy  engaged  to  assist  in  jani- 
tor work — Employee. — Where  a  school  boy 
was  engaged  by  the  head  janitor  of  the 
public  school  to  assist  in  janitor  work  and 
to  perform  the  head  janitor's  duties  whilo 
the  latter  was  ill,  was  held  to  be  an  em- 
ployee and  not  an  independent  contractor. 
— Hurlburt  v.  McBurney,  4  I.  A.  C.  Dec.  243. 

217.  Shingle  maker  on  pieceT^'ork  basis- 
Employee. — An  applicant  for  compensation, 
injured  while  at  work  under  a  contract  for 
shingle  production  on  piecework  basis,  the 
employer  to  control  methods  of  work,  held 
to  be  an  employee  and  not  an  independent 
contractor. — Sutro  v.  Metropolitan,  etc.,  Co., 
6  I.  A.  C.  72. 

218.  Cemetery  employment  —  Employee. 
— A  person  engaged  by  a  cemetery  corpora- 
tion to  remove  from  the  cemetery  property, 
by  the  use  of  explosives  and  blasting,  some 
concrete  foundations  which  had  formerly 
supported  some  discarded  water  tanks,  is 
an  employee,  and  not  an  independent  con- 
tractor, where  he  was  to  be  paid  by  the 
day  and  no  restrictions  were  placed  upon 
the  power  of  the  employer  to  direct  and 
control  his  operations  at  will;  and  for  an 
injury  received,  he  is  entitled  to  compensa- 
tion.— Rosedale,  etc..  Association  v.  Indus- 
trial Accident  Commission,  37  Cal.  App.  706, 
174  Pac.   351,  5  I.  A.  C.  Dec.   148. 

219.  Trim  sa^vyer  for  lumber  mill — Em- 
ployee.— Where  by  the  terms  of  a  written 
agreement  a  trim  sawyer  was  to  trim  all 
lumber  sawed  at  a  mill  at  a  certain  rate  per 
thousand  feet,  was  to  furnish  the  necessary 
labor  subject  to  the  lumber  company's  ap- 
proval as  to  persons  employed  and  wages 
paid,  was  to  do  the  work  in  the  manner 
prescribed  by  the  company  and  use  the  com- 
pany's   tools   and   equipment,   was   paid  only 


after  all  wages  to  his  helpers  had  been 
paid  and  could  not  sublet  any  right  under 
the  agreement  without  the  written  consent 
of  the  company,  it  was  held  that  said  saw- 
yer was  an  employee  of  the  said  lumber 
company  and  not  an  independent  contractor. 
— Reinoldson  v.  Red,  etc.,  Co.,  4  I.  A,  C. 
Dec.    367. 

220.  Newspaper  carrier  —  Employee.  —  A 
newspaper  carrier,  under  the  control  of  the 
newspaper  company,  and  paid  according  to 
the  number  of  papers  delivered  held  to  be 
an  employee  and  not  an  independent  con- 
tractor.— Smith  v.  Evening  Herald,  etc.,  Co., 
6  I.   A.  C.   Dec.   192. 

221.  NeT*'sboy — Independent  contractor — 
Employee. — A  newsboy  purchasing  papers 
at  wholesale  and  selling  them  at  retail  is 
an  independent  contractor  and  not  an  em- 
ployee, but  where  he  is  paid  a  weekly  wage 
for  his  exclusive  services  in  addition  to  his 
earnings,  he  is  an  employee. — Servel  v. 
Chronicle  Publishing  Co.,   6  I.  A.  C.  Dec.   23. 

222.  Employee  or  self-employee — Paint- 
ers— Employees. — Where  a  partnership  un- 
dertook as  independent  contractors  to  do 
certain  painting  and  arranged  with  two 
painters  to  help  with  the  work  for  an  equal 
division  of  the  proceeds  of  the  undertaking 
and  said  painters  were  subject  to  the  com- 
plete control  of  said  partnership  in  the 
■work  and  could  be  discharged  at  any  time, 
it  was  held  that  they  were  employees  of 
said  partnership  and  were  not  independent 
contractors  or  self-employing  persons. — 
Wilcut  v.  Cudahy  Packing  Co.,  4  I.  A.  C. 
Dec.    308. 

223.  Same— Independent  contractor. — Un- 
der the  circumstances  of  the  present  case 
a  painter  ■was  held  to  be  an  independent 
contractor  and  not  an  employee. — Wilcut  v. 
Cudahy  Packing  Co.,  4  I.  A.  C.  Dec.   308. 

224.  Farmer  hauling  pipe  for  his  own 
farm,  for  a  contractor — Employee. — Where 
a  farmer  contracted  ■with  a  pipe  contractor 
for  the  laying  of  pipe  on  his  farm,  and  he 
agreed  to  haul  the  pipe  for  a  specified  price 
per  hundred  feet  and  was  subject  to  the 
direction  and  control  of  the  defendant  as  to 
the  time  and  manner  of  doing  the  work,  it 
was  held  that  he  was  an  employee  of  the 
pipe  contractor. — O'Hora  v.  Concrete  Pipe 
and  Construction  Co.,  4  I.  A.  C.  Dec.  277. 

225.  Independent  contractor  or  employee 
-Foreman  of  ■»vater  po^ver  company,  fur- 
nishing team  and  driver;  both  held  em- 
ployee of  company. — The;  foreman  of  a 
water  and  power  company  employed  on  a 
daily  wage  basis  and  authorized  to  hire 
men  and  teams  for  the  company  is  not  an 
independent  contractor  in  a  case  where  he 
furnished  both  men  and  teams;  and  where 
he  furnished  his  own  team  and  hired  a  per- 
son to  drive  it,  and  such  person  was  in- 
jured, the  latter  is  an  employee  of  the 
company  within  the  meaning  of  the  act,  and 
entitled  to  an  award  of  compensation. — 
Yolo,  etc.,  Co.  v.  Industrial  Accident  Com- 
mission, 35  Cal.  App.  14,  168  Pac.  1146,  4 
I.    A.    C.    Dec.    319. 

22(!.  Independent  contractor  —  Italians 
pruning    vines,    etc. — Employees. — Under    an 


Act  2781 


GENKRAL,   LAWS. 


1608 


agreement  by  which  the  applicant  on  be- 
half of  himself  and  three  fellow  Italians 
agreed  to  prune  all  the  vines,  burn  all  the 
brush  and  pull  all  the  weeds  in  a  vineyard 
for  a  fixed  rate  per  acre,  it  was  held  that 
all  four  were  employees  and  not  independ- 
ent contractors. — Giusti  v.  Covell  Bros.,  5 
I.  A.  C.  Dec.   137. 

227.  Truck  driver — Independent  contrac- 
tor.— One   engaged   in   the   "truck   business," 

idoing  a  general  hauling  business,  and  own- 
ing his  own  truck,  was  an  independent  con- 
tractor and  not  an  employee. — Flickenger 
v.  Industrial  Accident  Commission,  58  Cal. 
Dec.  374,  184  Pac.  851,  6  I.  A.  C.  Dec.  169 
(Reeves  v.  Flickenger,  5  I.  A.  C.  Dec.  173; 
Flickenger  v.  Industrial  Accident  Commis- 
sion, 28  Cal.  App.  127,  6  I.  A.  C.  Dec.  11"). 

228.  Aviator— Independent  contractor. — 
Where  an  aviator  entered  into  a  written 
contract  with  an  exposition  company  to 
make  a  specified  number  of  flights  on  the 
days  and  at  the  hours  designated,  each 
flight  to  include  specified  maneuvers;  which 
agreement  restricted  him  to  flight  for  said 
exposition  only,  within  a  designated  terri- 
tory; provided  for  a  division  of  the  gate  re- 
ceipts as  his  remuneration  and  relieved  the 
exposition  company  from  any  liability  for 
damages  in  the  event  of  an  accident,  it  was 
held  that  said  aviator  was  an  independent 
contractor  and  not  an  employee. — Bocquel 
V.  Panama,  etc.,  Co.,   4  I.  A.  C.  Dec.  88. 

229.  Teaming  and  grrading; — Independent 
contractor. — A  person  engaged  in  the  busi- 
ness of  "teaming  and  grading,"  who  con- 
tracts to  furnish  a  contractor  teams,  wag- 
ons and  drivers,  at  six  dollars  per  day  in 
the  aggregate,  for  each  wagon,  team  and 
driver,  and  who  himself  pays  the  drivers, 
is  not  an  employee  of  the  contractor  within 
the  meaning  of  the  act.  even  though  he  may 
drive  one  of  the  teams. — Western  Indemnity 
Co.  v.  Pillsbury,  172  Cal.  807,  808,  159  Pac. 
721. 

229a.  Teamster  using'  ofvn  time — Haul- 
ing tanbarii  at  fixed  price  per  ton. — It  was 
held  in  the  present  case  that  a  teamster 
using  his  own  time  hauling  tanbark  at  a 
fixed  price  per  ton,  was  an  employee  and 
not  an  independent  contractor. — Seward  v. 
Sunset,   etc.,  Co.,   3   I.   A.   C.   Dec.   49. 

230.  Window  \i'asher — Independent  con- 
tractor.— It  was  held  under  the  circum- 
stances of  this  case  that  a  window  washer 
was  an  independent  contractor  and  not  an 
employee. — Sabini  v.  Loura,  4  I.  A.  C.  Dec, 
212. 

f.  Partners  as  employees. 

231.  Act  of  1917 — W^orking  partner  re- 
ceiving wages. — A  working  partner  who 
receives  wages  is  an  employee  under  the 
act  of  1917. — Britten  v.  Rotary,  etc.,  Co.,  5 
I.    A.    C.   Dec.    187. 

232.  Act  of  1913  —  Partner  receiving 
wages. — A  member  of  a  partnership  per- 
forming services  for  it  under  an  agreement 
between  him  and  his  copartners  for  wages 
and  expenses,  is  not  an  employee  within  the 
meaning  of  the  workmen's  compensation 
act  (Stats.  1913,  p.  284,  §  14). — Cooper  v.  In- 
dustrial Accident  Commission,   177   Cal.   685, 


171  Pac.  684  (Cooper  v.  Bunker  Hills  Syndi- 
cate, not  reported;  Cooper  v.  Industrial  Ac- 
cident Commission,  55  Cal,  Dec.  480,  5 
I.  A.  C.  Dec.  47). 

S.    Dependent. 

233.  "Member     of     family" — Definition. — 

The  term  "member  of  family  of  deceased 
employee"  as  used  in  section  19(c)  of  the 
act,  means  a  member  of  a  collective  group 
or  household  under  one  domestic  govern- 
ment and  maintenance,  whether  or  not 
actually  related  to  the  deceased. — Landls  v. 
Prosser,   4   I.  A.   C.  Dec.   204. 

234.  Daugliter-in-law  and  grandchild. — 
A  dependent  daughter-in-law  and  a  grand- 
child are  not  members  of  a  contributors 
family  and  under  the  act  of  1917  are  not 
entitled  to  a  death  benefit. — Block  v.  Board 
of  Public  Service  Commissioners,  5  I.  A.  C. 
Dec.   239. 

235.  Termination  of  assumed  obligation 
to  support  sister. — Where  the  obligation  of 
a  deceased  employee  assumed  to  support 
his  sister  terminated  by  her  marriage  on 
the  day  before  he  sustained  his  fatal  in- 
jury, she  was  not  at  the  time  of  his  death 
being  supported  by  him  and  w^as  not  en- 
titled to  a  death  benefit. — Leonock  v.  South- 
western,  etc.,   Co.,   6  I.   A.   C.  Dec.   234. 

236.  Non-re.sident  parents — Presumption 
as  to  dependency. — In  view  of  subdivision 
(b)  of  section  19  of  the  act  there  is  no  con- 
clusive presumption  that  the  non-resident 
father  and  mother  of  a  deceased  employee 
w^ere  either  wholly  or  partially  dependent 
upon  him  for  support. — Garcia  v.  Industrial 
Accident  Commission,  171  Cal.  57,  58,  151 
Pac.   741. 

237.  Minor  cliild  of  divorced  parents. — 
The  minor  child  of  parents  who  are  di- 
vorced, without  provision  made  for  its  sup- 
port, is  dependent  where  a  father  orally 
agrees  to  support  the  child. — Tamagni  v. 
Moore,  etc.,  Co.,  5  I.  A.  C.  Dec.  176. 

238.  Samie — Father's  statutory  obligation 
not  ended  by  divorce  decree. — A  father  is 
not  relieved  from  liability  for  the  main- 
tenance of  his  child  by  an  order  of  court 
in  a  divorce  decree  requiring  him  to  pay  a 
specified  sum  at  stated  intervals  for  that 
purpose,  such  order  not  creating  in  place  of 
the  statutory  liability,  an  ordinary  debt  or 
money  obligation. — Robert  Sherer  &  Co.  v. 
Industrial  Accident  Commission,  (Cal.)  18S 
Pac.  797. 

239.  Dependency  of  father  on  minor  son. 
• — Where  a  minor  son  earns  only  enough  to 
buy  his  own  clothing,  the  dependency  of 
his  father  is  not  established. — Peabody  v. 
Hamner  &  Main,   5  I.  A.  C.   Dec.   175. 

240.  Stepmother  —  Stepmother  of  de- 
ceased employee,  living  with  him  in  a  house 
owned  by  her  but  kept  up  entirely  by  him, 
supported  entirely  by  him,  was  held  to  be 
totally  dependent  upon  him,  and  the  po- 
tential income  from  the  house  was  disre- 
garded.— Reichsrath  v.  Fortin,  5  I.  A.  C. 
Dec.    93. 

241.  Invalid  son — Wolfe's  earnings. — It 
was  held  that  under  the  circumstances  of 
the    present    case    an    invalid    husband    was 


icoa 


MASTER  AND   SERVANT. 


Act  2781 


totally  dependent  on  his  father,  although 
his  wife's  earnings  contributed  to  a  small 
extent  to  the  family  expenses. — Block  v. 
Public  Service  Commissioners,  5  I.  A.  C. 
Dec.   239. 

242.  Wife— Interlocutory  decree  of  di- 
vorce ^Tithout  alimony. — A  widow  who  had 
obtained  an  interlocutory  decree  of  divorce 
without  alimony  from  her  husband  on  the 
ground  of  desertion,  and  he  is  not  living 
with  her  at  the  time  of  his  death,  was  held 
not  in  fact  to  be  dependent  for  support  and 
that  he  was  not  legally  liable  for  the  sup- 
port and  that  she  was  not  entitled  to  a  death 
benefit. — Perry  v.  Fresno  Herald,  4  I.  A.  C. 
Dec.  110. 

24.3.  lender  the  act  a  irlfe  who  was  not 
living  with  her  husband  at  the  time  of  his 
death,  and  who  had  obtained  an  interlocu- 
tory decree  of  divorce  from  him,  on  her 
complaint  alleging  wilful  neglect,  not  ask- 
ing alimony  or  other  provision  for  her  sup- 
port, and  which  decree  made  no  provision 
for  her  support,  and  contained  no  reserva- 
tion of  jurisdiction  to  award  alimony  or 
maintenance,  is  not  entitled  to  compensa- 
tion, since  he  was  not  at  the  time  of  his 
death  "legally  liable  for  her  support." — 
London,  etc.,  Co.  v.  Industrial  Accident 
Commission,  58  Cal.  Dec.  393,  184  Pac.  864,  6 
I.  A.  C.  Dec.  196  (Oberg  v.  London,  etc.,  Co., 
6  I.  A.  C.  Dec.  90). 

244.  Where  an  employee  T\'as  killed  by 
an  industrial  injury,  after  his  wife  had 
been  granted  an  interlocutory  decree  of 
divorce,  without  alimony,  but  before  final 
decree,  and  no  actual  dependency  being 
shown,  he  was  not  legally  liable  for  her 
support,  and  she  was  not  entitled  to  com- 
pensation under  the  act. — Capley  v.  Carkey, 
6  I.  A.  C.  Dec.  203. 

244a.  Under  the  provisions  of  section 
14(a)(1)  of  the  act  of  1917,  a  deceased  em- 
ployee was  liable  for  the  support  of  his 
wife,  who  had  obtained  an  interlocutory 
decree  of  divorce,  but  not  a  final  decree, 
prior  to  his  death,  notwithstanding  the  in- 
terlocutory decree  did  not  make  provision 
for  alimony  or  support. — Oberg  v.  California 
Construction  Company,   6  I.  A.  C.  Dec.  80. 

245.  Divorce— No  condition  as  to  support 
of  children — No  dependency  of  children. — 
Where  a  wife  of  a  deceased  employee  had 
been  granted  a  divorce  while  on  publica- 
tion of  summons  only,  and  was  awarded 
the  exclusive  custody  of  the  minor  children, 
without  any  condition  of  support  for  the 
children,  it  was  held  that  he  mvsls  not  legally 
liable  for  the  support  of  such  children  and 
that  such  children  were  not  dependent  upon 
him  for  support  at  the  time  of  his  death. — 
Browning  v.   Swanston,    4   I.   A.   C.   Dec.    282. 

246.  Illegitimate  minor  children  living: 
with  his  family. — Where  an  employee  was 
living  apart  from  his  w^ife,  who  had  ob- 
tained an  interlocutory  decree  of  divorce 
without  alimony,  and  his  two  illegitimate 
children  and  their  mother  were  living  with 
him  as  members  of  his  family  at  the  time  of 
liis  death,  it  was  lield  that  the  children 
were  total  dependents  upon  deceased  for 
support,    and    that    the    entire    total'  benefit 


should  be  apportioned  to  them. — Perry  v. 
Industrial  Accident  Commission,  176  Cal. 
706,  709,  169  Pac.  353  (Perry  v.  Fresno  Her- 
ald,   4   I.   A.   C.  Dec.    110). 

246a.  Same — Finding:  supported  by  evi- 
dence.— When  the  evidence  showed  the  de- 
ceased employee  had  separated  from  his 
wife  several  years  before  his  death,  and 
she  had  received  nothing  from  him  during 
separation,  had  sought  nothing  from  him, 
did  not  expect  anything,  and  was  seeking 
a  divorce  without  support,  the  finding  of 
the  commission  against  her  dependency  was 
supported  by  the  evidence. — Perry  v.  In- 
dustrial Accident  Commission,  176  Cal.  706. 
708,  169  Pac.  353. 

247.  Woman  and  employee  living^  to- 
gether in  good  faith  as  husband  and  wife, 
though  not  married. — Where  the  applicant 
and  the  deceased  employee  were  living  to- 
gether in  good  faith  as  husband  and  wife 
without  marriage,  under  the  mistaken  be- 
lief that  the  possession  of  the  marriage 
license  issued  by  the  county  clerk  was  suf- 
ficient and  that  no  ceremony  need  be  per- 
formed, it  was  held  that  the  applicant  was 
a  member  of  his  family  and  a  dependent 
within  the  meaning  of  the  act. — Temescal 
Rock  Co.  V.  Industrial  Accident  Commission, 
180  Cal.  637,  182  Pac.  447  (Rodriguez  v. 
Temescal  Rock  Co.,  5  L  A.  C.  Dec.  202). 

248.  Woman  and  employee  living  to- 
gether— No  legal  liability  for  support. — 
Where  the  applicant  was  living  with  the 
deceased  employee  as  his  wife  and  was 
supported  by  him  and  there  is  no  legal  lia- 
bility to  support  under  the  evidence  and  no 
evidence  of  marriage,  it  was  held  that  she 
was  not  dependent  under  the  act. — Blanca 
v.  King,  5  I.  A.  C.  Dec.  196. 

249.  AVonian  married  to  employee  with- 
out divorce  from  previous  husband. — A 
woman  who  erroneously  believing  herself 
divorced,  remarried,  is  a  member  of  the 
family  for  purposes  of  dependency  under 
the  act  of  her  putative  husband. — Howe  v 
Eisenmayer-Main  Grain  Co.,  a  corporation, 
5  I.  A.  C.  Dec.  174. 

250.  Wife  separated  from  employee  be- 
cause of  lattcr's  desertion — Decree  for  sepa- 
rate maintenance. — Under  section  14(a)(1) 
a  woman  not  living  with  her  husband  at  the 
time  of  his  death  because  of  his  desertion 
of  her  is  entitled  to  compensation,  in  the 
theory  that  he  was  "legally  liable  for  her 
support"  at  the  time  of  his  death,  notwith- 
standing the  existence  of  a  maintenance  de- 
cree in  her  favor. — Continental,  etc.,  Co.  v. 
Pillsbury,  58  Cal.  Dec.  338,  8  A.  L.  R.  1110, 
184  Pac.   658,   6  I.   A.   C.  Dec.   158. 

251.  Wife  living  separate  and  apart  from 
her  husband  against  his  ■»vill. — Where  a  wife 
voluntarily  leaves  her  husband  against  his 
will  and  continues  to  live  separate  and 
apart  from  him  and  was  self-supporting, 
and  the  husband  refused  to  sign  an  agree- 
ment of  separation  and  there  was  a  settle- 
ment of  property  rights,  is  not  dependent 
upon  her  husband  for  support. — Mills  v. 
Pomon,   4   I.   A.   C.   Dec.    295. 

252.  Wife's  justified  desertion  of  em- 
ployee.— Where    a    wife's    desertion    of    her 


Act  27S1 


GENCRAL   LAA^'S. 


1610 


husband  was  justified  by  his  misconduct 
and  he  had  commenced  suit  against  her  for 
divorce  on  the  grounds  of  desertion,  and 
the  wife's  default  had  been  entered  but  had 
not.  been  tried  at  the  time  of  his  death,  it 
was  held  that  he  was  at  the  time  of  his 
death  legally  liable  for  her  support  and  also 
of  an  illegitimate  child  by  another  woman 
and  that  since  there  was  no  surviving  par- 
ent of  said  child,  both  it  and  the  wife  were 
totally  dependent  upon  the  deceased  for 
their  support. — Wilcut  v.  Cudahy  Packing 
Co..   4  I.   A.  C.  Dec.   308. 

25.1.  Romarrlapre  of  widow  of  deceased 
employee. — The  death  benefit  awarded  the 
widow  of  a  deceased  employee  is  not  ter- 
minated by  her  remarriage  under  the  cir- 
cumstances of  this  case. — Walters  v.  Mes- 
sick,  5  I.  A.  C.  Dec.  111. 

254.  Wife  confined  in  insane  asylum. — A 
wife  confined  in  a  state  hospital  for  the 
insane  is  wholly  dependent  upon  the  hus- 
band, though  no  support  is  given. — Hanson 

V.  Jones,  5  I.  A.  C.  Dec.   147. 

2.'»5.  Dependency — Stranger  fo  the  blood 
—Housekeeper  for  employee. — A  stranger  to 
the  blood  of  a  deceased  employee  who  kept 
house  for  him  in  his  lifetime  and  who  was 
not  supported  otherwise,  was  held  to  be 
a  total  dependent. — Barry  v.  Fleishhacker 
&   Co.,    5  I.  A.   C.  Dec.   162. 

VI.  Conditions  of  Compensation. 

a.  Arising  out  of  employment. 
266-  269.     Conditions  of  right  to  compensation. 

270.  Performance      of      necessary      and 

natural    act,    and    cessation    of 
work  for  act  of  self-indulgence. 

271.  Compensable     injuries — Eisk     rea- 

sonably incident  to   employment. 

277.  Injury   must   arise   out   of   employ- 

ment  as   well   as   be   received   in 
the  course  of  the  employment. 

278.  Conditions    of   compensation   under 

act  of  1913. 

279.  Injury    must   arise   out    of   and    in 

course   of  employment. 

280.  Conditions  of  liability. 

281.  Liability      of     employer — Accident 

arising  out  of  employment. 

282.  Proper  test  of  meaning  of  phrase, 

283.  When  accident  "arises  out  of"  em- 

ployment. 

284.  Existence  of  casual  connection  be- 

tween employment  and  incident. 

285.  Casual    connection    between    injury 

and  conditions  of  employment. 

286.  Accidents   arising   out   of   the   em- 

ployment. 

287.  An  accident  arising  out  of  the  em- 

ployment within  the  meaning  of 
the  act. 

288.  Causative  danger  must  be  peculiar 

to    the   employment   at   the   time 
and  place. 

289.  Exposure  to  particular  danger  dif- 

ferent from  the  commonalty. 

290.  Unsafe   condition   of   place  of   em- 

ployment. 

291.  Safe  access  to  employer's  premises. 

292.  Quarrels      among      employees — In- 

juries not  usually  compensable. 


293.  Foreman  of  gang  of  railroad  hands 

— Assault  by  section  hand. 

294.  Employee  assaulted  by  foreman. 

295.  Hotel    elevator    conductor — Assault 

by  fellow  employee. 

296.  Employee  assaulted   by  fellow  em- 

ployee. 

297.  Assault   by    fellow   employee — Per- 

sonal feeling. 

298.  Same — Personal  quarrel. 

299.  Unprovoked  assault  by  fellow  em- 

ployee. 
299a.     Storekeeper  of  lumber  camp — As- 
sault by  co-employee. 

300.  Assault  due  to  conflict  of  work  and 

not  personal  feeling. 

301.  Hotel  houseman — Assault  by  appli- 

cant for  employment. 

302.  Koad    construction    foreman  —  As- 

sault by  discharged  laborer. 

303.  Clerk  in  cigar  store — Aggressive  at- 

tack on  stranger. 

304.  Restaurant  cook — Assault  by  drunk- 

en customer. 

305.  Saloon      manager  —  Injury      while 

ejecting     disturbing     customer — 
Unprovoked  assault. 
360.     Barkeeper  shot  in  ' '  holdup. ' ' 
306a.  Waiter  in  cafe — Killed  while  eject- 
ing unruly  persons. 

307.  Grocery   employee — Struck  by  mis- 

take— Altercation  between  co-em- 
ployees. 

308.  Employee    of    commission    house — 

Accidental  killing  during  alter- 
cation between  customer  and  fel- 
low employee. 

309.  Employee     of     lumber     company — 

Loading  lumber. 

310.  Miner — Injured     while     riding     on 

mine  truck. 

311.  Carpenter    working    on    scaffold — 

Epileptic  fit. 

312.  Chambermaid    in    hotel — Killed   by 

falling  down  light  well. 

313.  Sailor — Disappearance    without   ex- 

planation— Presumption. 

314.  Bank  messenger. 

315.  Cook's  helper  on  construction  train. 

316.  Boatman — Drowning. 

317.  Marine   fireman — Jumping   to   dock 

instead  of  using  gangplank. 

318.  Sailor — Finger  infection. 

319.  Bargehand — Fell     from    deck    and 

was  drowned. 

320.  Dishwasher — Collapse  of  restaurant 

floor. 

321.  Laborer  employed  to  shovel  gravel 

— Driving  team  during  temporary 
exchange  of  work. 

322.  Street       car      conductor  —  Injured 

while  on  personal  errand. 

323.  Injury     in     automobile     accident — 

Risk  of  commonalty. 

324.  Hotel    porter — Injured    by    kicking 

hose  of  vacuum  cleaner. 

325.  Bootblack    on    ferryboat,    while    on 

his  way  to  lunch  on  board. 

326.  President  and  shop  foreman  injured 

while  delivering  a  message  for  the 
vice  president. 


1611 


MASTER   AXD   SERVANT. 


Act  2781 


. 


327.  Making  repairs  on  automobile  used 

in  employer's  business. 

328.  Injury  sustained  while  obeying  un- 

authorized order. 

329.  Performance  of  unauthorized  act. 

330.  Injury    while    going    to    lunch    on 

employer's  premises. 

331.  Gamekeeper — Injury   while   serving 

self. 

332.  Same — Accidental  gunshot. 

333.  Packing   oranges — Breaking   etaoin 

adhesions. 
334,  335.     Infection  of  vaccination  wound. 

336.  Teamster — Automobile  accident. 

337.  Hotel   clerk — Gunshot   inflicted   for 

personal  reasons. 

338.  Employee     killed     by     insane     em- 

ployer. 

339.  Health  officer — Mountain  fever. 

340.  Construction  camps — Use  of  water. 

341.  Employee    injured    in    street — Spe- 

cial exposure  to  risk. 

342.  Employee  injured  in  automobile  ac- 

cident— Special  exposure. 

343.  Fire  fighter — Injured  after  services 

ended. 
343a.  Employee  at  mine  accidentally  shot 
by  guard. 

344.  Employee  killed  by  fall   down   ele- 

vator shaft. 

345.  Retail    buyer    kiled    on    way    home 

from  wholesale  district. 

346.  Employee  injured  while  working  un- 

der his  foreman 's  direction  for 
another  corporation. 

347.  Barber  shop  porter — Elevator  acci- 

dent. 

348.  Employee  burned  while  extinguish- 

ing pan  of  burning  alcohol. 

349.  Employee     injured     while     cutting 

wood  to  keep  warm. 

350.  Camp    employee — Crossing   railroad 

tracks. 

351.  Employee  on  way  to  place  of  em- 

ployment— Transportation  by  em- 
ployer. 

352.  Employee  injured  while  using  em- 

ployer's automobile  for  personal 
purposes. 

353.  Employee  of  smelting  plant — Burnt 

while  warming  foot  over  molten 
metal. 
353a.  Injury  to  hand  by  putting  it  into 
pipe  to  warm  it. 

354.  Weigher  on   coal   barge — Epileptic 

seizure. 

355.  Employee  undergoing  hospital  treat- 

ment for  injury — Death  from  in- 
fluenza. 

356-359.     "Skjdarking"     with     fellow     em- 
ployees. 
360.     Clerk  —  Friendly    personal    inter- 
course. 

361,362.     Oil  well  driller— Employee— Killed 
on  way  to  work. 

363.  Oil     derrick     carpenter — Employee 

boarding  slowly  moving  truck  on 
which  he  was  entitled  to  ride 
from  work. 

364.  Oil  well  driller — Fainting  from  ex- 

haustion. 


365.  Supervising  mechanical  engineer  of 

a  cemetery. 

366.  Injury   after   work,   while    on    way 

home — Risk  of  commonalty. 

367.  Railroad  employee — Injured  on  way 

to  lunch  on  company's  cars. 

368.  Injury      on      employer's      premises 

while  gaining  at'anission  to  place, 
of  employment. 

369.  Bond   officer   of   bank — Injured   on 

return    from    pleasure    trip    inci- 
dental to  business  trip. 

370.  Employee    injured    on    way    from 

work. 

371.  Employee  killed  while  crossing  rail- 

road track  on  way  from  work. 

372.  Employer    on    way    from    employ- 

ment to  place  of  work. 

373.  Employee  injured   out   of   office  on 

his  return  out  of  office  hours. 

374.  Truck  driver — Killed  in  automobile 

accident. 

375.  Driver  of   delivery  wagon — Deviat- 

ing from  direct  route. 

376.  Locomotive    engineer — Sarcoma. 

377.  Truck  driver  for  mining  company. 

378.  Automobile  driver — Injured  in  au- 

mobile  accident. 

379.  Driver  of  automobile  truck — Killed 

by  passing  automobile. 

380.  Automobile  delivery  driver — Special 

exposure    to   danger   of   such   in- 
jury. 

381.  Traveling     salesman  —  Entertain- 

ment of  customers. 

382.  Same — Injury  on  vacation. 

383.  Same — Poison  oak  poisoning. 

384.  Same — Assault  by  robber  on  coun- 

try road. 

385.  Nurse — Death  from  influenza — Not 

specially  exposed. 

386.  Hospital   interne — Influenza  —  Spe- 

cially exposed. 

387.  Hospital  steward 's  special  exposure 

to  highly  infectious  disease. 

388.  Policeman  —  Influenza — Special  ex- 

posure. 

389.  Ranch  foreman — Accidentally  shot. 
390,  391.     Same — Injury  from  accidental  dis- 
charge of  gun. 

392.  Millwright — Traveling  employment. 

393.  Mill    employees — Returning    across 

railroad  track  trom  lunch. 

394.  Mill  employee — Actinomycosis. 
395-  397.     Piano   salesman — Elevator  accident 

on  Sunday. 

398.  Typist — Elevator  accident. 

399.  Clerk  and  bookkeeper — Automobile 

accident  while  mailing  letters  for 
employer, 

400.  Bookkeeper — Injury  from  cranking 

automobile. 

401.  Employee  voluntarily  remaining  at 

work   after   office   hours    to   help 
fellow  employee. 

402.  Lighting     cigarette     by     employee^ 

setting  fire  to  oil-soaked  bandage 

403.  Same — Personal  acts  which  an  em 

ployee  may  do. 

404.  Janitor  in  public  school. 


Act  2781 


GENKRAL  LAWS. 


1612 


405.     School  teacher — Moving  heavy  seats 
to   get   needed   book   from   book- 
case. 
406,  407.     Moving   picture   actor — Automobile 
accident. 

408.  Same  —  Same  —  Prerequisites  to 

award. 

409.  Watchman — Killed  at  post  of  duty. 

410.  Death    with    no    witness    present — 
Presumption. 

Night  watchman — Performing  serv- 
ice for  fellow  employee. 

Night  watchman — Wilfully  inviting 
detrimental  occurrence. 

Unexplained  fall — Presumption. 

Fireman — Performing  work  accord- 
ing to  the  custom  out  of  the 
usual  manner. 

Bookkeeper  working  extra  hours  at 
night— Taken  home  in  employ- 
er's automobile. 

Teamster  handling  tanbark — Poi- 
soned   hands. 

Night  watchman  on  engine — Tem- 
porarily operating  steam  shovel. 

Not  arising  out  of  employment. 

Employee  on  vacation. 


411, 

412. 

413. 
414. 

414a. 

414b. 

414c. 

414d, 
414e. 

415. 
416. 

417. 

418. 

419. 

420. 
421. 

422. 

423. 

424. 

425. 

426. 
427. 

428. 

429. 

429a, 

430. 
431. 

432. 

433. 


6.    Course  of  employment. 

Reasonable  act  outside  express 
duties — Employer  not  bound  to 
fixed  and  unchangeable  limits. 

Right  not  limited  to  injury  sus- 
tained while  actually  manipulat- 
ing the  tools  of  his  calling. 

Service  not  injury  in  the  course  of 
the  employment. 

Injury  sustained  while  going  to  or 
returning  from  work. 

Exception  to  rule — Use  of  only 
available  means  of  access. 

Same — Special  exposure  to  risk. 

Same — Special  exposure  of  particu- 
lar means  of  access. 

Miner — Return  to  mine  after  tem- 
porary absence  on  private  busi- 
ness. 

Injury  on  way  to  receive  pay  check 
after  discharge. 

Returning  after  quitting  employ- 
ment. 

Seaman — Reaching  and  departing 
from  ship. 

Same — Seeking  to  board  vessel. 

Same — Adopting  perilous  means  of 
boarding  ship  when  no  other  in- 
strumentality is  provided. 

Use  of  hazardous  means  of  exit 
from  employer's  premises  when 
safe  means  exist. 

Injury  while  leaving  place  of  em- 
ployment by  unusual  and  danger- 
ous exit. 

Rule  of  reasonable  time  to  get  off 
employer's  premises. 

On  way  to  place  of  employment. 

Arrival  at  place  of  employment 
seeking  entrance. 

Arrival  at  place  of  employment 
ready  to  perform  service. 

Injury  while  about  to  enter  place  of 
employment. 


434.  Injury   on  way  to  business  in  em- 

ployer's automobile  on  employ- 
er's time. 

435.  Injury    in    automobile    on    way    to 

work. 

436.  Employee    injured    on    way    to    at- 

tend meeting  called  by  employer. 

437.  Injury  while  crossing  street  on  way 

to  work — Stopping  to  converse 
with  fellow  employee  an  allowable 
personal  act. 

438.  Going  to  and  from  work — Payment 

of  transportation. 

439.  Same — Cost   of    transportation    de- 

ducted from  employee's  wages. 

440.  Injury  during  transportation  from 

work  to  camp. 

441.  On    way    to    lunch    on    employer's 

premises. 

442.  Barber    shop    employee — Injury    in 

elevator. 

443.  Same — Employee   leaving   place   of 

employment  with  employer's  con- 
sent. 

444.  Employee  of  different  employers — 

Deviation  from  direct  route  home. 

445.  Stopping    to    take    drink   while    on 

errand  for  employer. 

446.  Injury    on    return    from    business 

trip  after  temporary  degression 
for  pleasure. 

447.  On    way    home    after    service — No 

fixed  hours  of  employment. 

448.  Maid    employed    to    do    housework, 

injured  while  off  duty. 

449.  Miner — Washing   up  after  end   of 

time  on  duty. 

450.  Traveling    salesman    on    trip — In- 

jury at  hotel  after  end  of  day's 
work. 

451.  Fireman     taking     rock     from     un- 

loaded car  to  bed  furnace. 

452.  Mine    truck    driver — Adding    side- 

board to  truck. 

453.  Attempted  rescue  of  child  in  dan- 

ger. 

454.  Teamster  at  municipal  woodyard — 

Performance  of  service  ordered 
by  superintendent. 

455.  Hotel  chambermaid — Cleaning  light 

well. 

456.  Ranch   hand,  after  finishing   work, 

on  trip  to  town  to  assist  fore- 
man to   get   other  workmen. 

457.  Caring    for    horses    on    employer's 

ranch  after  end  of  day's  work — 
Employment  by  day. 

458.  Unusual      employment   —   Laborer 

shoveling  gravel — Driving  gravel 
team. 

459.  Chauffeur   of    taxicab    shot   by   in- 

toxicated passenger. 

460.  Secretary  of   garage  corporation — 

Injury  on  way  to  inspect  land 
proposed  in  exchange  for  garage 
business. 

461.  "Dump  tender"  or  "ice  puller," 

injured  by  fall  from  floor  to 
which  he  had  not  been  assigned. 

462.  Stevedore  on  employer's  premises — 

Cho2)ping  wood  to  keep  warxu. 


1G13 


MASTER  AXD  SERVANT. 


Act  2781 


463.  Night     watchman^ — Injured      while 

using  circular  saw. 

464.  Employee    stopping    to    light    ciga- 

rette— Accidental  gunshot. 

465.  Motion  picture  actors  racing  horse 

to  corral. 

466.  Driver  of  street  flushing  vehicle — 

Fall  from  same. 

467.  Surveyor — Inspection  and  consulta- 

tion. 
467a.  Employment    of    special    officer   as 
watchman. 

468.  Going  to  aid  of  fellow  workman  in 

dangerous  situation. 

469.  Nursing     influenza     patients,     out- 

side employment  with  employer's 
consent. 

470.  Voluntary    services  —  Service    out- 

side  of   employment ;    performed 
at  employer's  request. 

471.  Employee,    paid    full    salary,    serv- 

ing the  government  voluntarily. 

472.  Voluntary    service  —  Assistance    to 

person     injured     by     employer's 
train. 

473.  Service  volunteered — Acquiesced  in 

by  employer. 

474.  Voluntary   service   with   employer's 

acquiescence — Motive  immaterial. 

475.  Employee  at  home,  compelled  to  go 

to   employer's   place   of   business 
to  open  safe  for  robbers. 

c.  Proximately  canned  hy  employment. 

476.  Unexplained  death — Absence  of  evi- 

dence to  contrary — Presumption. 

477.  Employed  in  violation  of  law — In- 

jury to  sixteen-year-old  boy. 

478.  Actinomycosis     following     employ- 

ment in  grain  mill. 

479.  Apoplexy      following     quickly     in- 

juries to  left  hip  and  elbow  from 
fall. 

480.  Acute    bronchitis    following    injury 

to  chest. 

481.  Hysterical  blindness  following  elec- 

tric flash. 

482.  Dementia  precox  can  not  be  caused 

by  a  fracture  of  the  right  tibia. 

483.  Dislocation  of  knee  cartilage  from 

distinct  trauma. 

484.  Duodenal  affection  following  blow. 

485.  Fainting  spell — Distinguished  from 

Bellis  V.   Doan,   4   I.   A.   C.   Dec. 
340. 

486.  Fall  downstairs — Apoplexy. 

487.  Death   from  rupture   of  right  ven- 

tricle following  fall  from  ladder. 

488.  Hernia     resulting     from     constant 

heavy  lifting. 

489.  Death    from   tubercular   pneumonia 

following   operation   for  hernia. 

490.  Lobar  pneumonia   following   bruise 

on   left   side   between   lower   ribs 
and  hip  bone. 

491.  Manic  depressive  insanity — Blow  on 

head. 

492.  Malposition  of  bone  after  fracture 

of  leg. 

493.  Osteoarthritis    following   sprain   of 

back,  hips  and  leg. 


494.  Pemphigus — Skin  disease  following 

cut  of  hand  of  butcher. 

495.  Death    from    pneumonia    following 

injury  to  head. 

496.  Prolapsus  uteri  following  lifting  of 

heavy  bundle. 

497.  Pulmonary     pneumonia     ten     days 

after  injury  to  arm. 

498.  Tachycardia  and  hyperthyroidism — 

Vibrations  of  air  drill  against 
chest. 

499.  Tonsilitis    and    diabetes    following 

blow  on  abdomen. 

500.  Disability   characteristic   of   injury 

and  of  specific  disease. 

501.  Disability  due  partly  to  injury  and 

partly  to  pre-existing  disease. 

502.  Existing   disability   is  accepted   by 

employer. 

503.  Disability    aggravated    by    specific 

disease. 

504.  Impetus     to     pre-existing     disease 

given  by  injury. 

505.  Osteoarthritis    and    arteriosclerosis 

lighted  up  by  blow. 

506.  Sarcoma  following  trauma. 

507.  Pre-existing     disease  —  Disability 

prolonged. 

508.  Same — Prolongation     of     disability 

due  to  disease. 
508a.  Same — Increase  of  hernia. 

509.  Pre-existing  chronic  arthritis  of  the 

finger  joints  and  Dupuytren's 
contraction  of  both  palms  — 
Slight  injury  to  finger. 

510.  Partial    deafness    rendered    serious 

by  blow  on  nose. 
510a.  Pre-existing       systemic       affection 
causing  severe  headaches  accentu- 
ated by  injury  to  head.  . 

511.  Acute  glaucoma  caused,  and  loss  of 

vision  from  pre-existing  chronic 
glaucoma,  hastened  by  blow  on 
head. 

512.  Rupture   of   aortic   aneurysm   from 

normal  and  usual  exertion — Pre- 
existing condition. 

513.  Death  from  pre-existing  heart  trou- 

ble following  slight  injuries. 

514.  Increase   of   hernia   following  blow 

on  groin. 

515.  Depressive    insanity    following    in 

jury  and  previous  predisposition. 

516.  Eecurring    displacement    of    semi 

lunar  cartilage  resulting  from 
primary   injury   to   knee. 

517.  Eupture  of  pre-existing   pancreatic 

cyst  from   fall. 

518.  Sarcoma  lighted  up  by  injury. 

519.  Exacerbation    of    pre-existing    lung 

disease  from  inhalation  of  dust. 

520.  Tubercular     affection     exacerbated 

by  a  chest  injury. 

521.  Exacerbation    of    pre-existing    pul- 

monary tuberculosis  from  severe 
strain. 

522.  Death     from     pre-existing     tumor, 

following  injury. 

523.  Dilation    of    saphenous    vein— -Pre- 

existing varicosity. 

524.  Pre-existing  disability  —  Secondary 

disability  from  slight  injury. 


Act  2781 


gkne:ral.  laws. 


1614 


525, 526.     Second      injury  —  Proximate      and 
natural  result  of  original  injury. 

527.  Second     injury     while     recovering 

from  the  first. 
527a.  Additional  injury  not  in  course  of 
original  employment,  and  not  ag- 
gravating  first  injury. 

528.  Secondary  disability — Blood  poison- 

ing following  an  accidental  abra- 
sion of  the  skin. 

529.  Same — Second  fracture  of  leg  be- 

fore complete  recovery  from  the 
first. 

530.  Sprain  of  ankle  one  year  after  orig- 

inal injury. 

531.  Sunburn    while    undergoing    treat- 

ment— Prolongation  of  disability. 

532.  Osteoarthritis  from  dental  abscesses 

— Prolonged  inactivity  incidental 
to  treatment  for  hernia  caused 
by  original  injury. 

533.  Death     from     operation     following 

second     injury     resulting     from 
obeying  the  doctor's  directions. 
533a.  Erysipelas   of   foot   resulting   from 
laceration  of  great  toe. 

534.  Death   from    facial   erysipelas — In- 

jury   to    toe    which    became    in- 
fected. 
534a.  Same — Chain  of  causation. 

535.  Death     resulting     from     operation 

after  second  injury. 

536.  Continuance  of  disability  —  Death 

following  second  operation. 

536a.  Continuing  disability  —  Unreason- 
able refusal  of  medical  treat- 
ment. 

536b.  Neglect  or  refusal  of  employee  to 
procure  or  submit  to  medical 
treatment. 

a.  Arising  out  of  employment. 

See   above   subtitle    "Employee." 

See  below,  subtitles  "Course  of  Employ- 
ment"; "Proximately  Caused  by  Employ- 
ment"; and  "Disability." 

206.  Conditions  of  riglit  to  compensation. 
— Section  12  of  the  act  provides  for  an 
award  of  compensation  to  the  dependents  of 
an  employee  only  where  the  proximate  cause 
of  the  death  of  such  employee  was  a  per- 
sonal injury  sustained  "by  accident  aris- 
ing out  of  and  in  the  course  of  the  employ-  ' 
ment." — Brooker  v.  Industrial  Accident 
Commission,  176  Cal.  275,  276,  L.  R.  A.  1918P. 
878,    168    Pac.    126. 

267.  The  accidents  which  arise  out  of  the 
employment  of  a  person  injured  and  which 
entitle  him  to  compensation  under  the  act 
are  those  in  which  it  is  possible  to  trace  the 
injury  to  the  nature  of  the  employee's  work 
or  to  the  risks  to  which  the  employer's 
business  exposes  him. — Continental  Casualty 
Company  v.  Indiana  Accident  Commission, 
(Cal.)  190  Pac.  849  (Skidmore  v.  Golden 
State,  etc.,  Co.,  6  I.  A.  C.  Dec.   183). 

(Following  the  case  of  Coronado,  etc., 
Co.  v.  Pillsbury,  172  Cal.  682,  L.  R.  A.  1916F, 
1164,  158  Pac.  212;  Ward  v.  Industrial  Acci- 
dent Commission,  175  Cal.  42,  L..  R.  A.  1918A, 
233,  164  Pac.  1123.) 

268.  Where  there  i»  apparent  to  a  ra- 
tional  mind,   upon  consideration    of   all    the 


circumstances,  a  causal  connection  be- 
tween the  conditions  under  which  the  work 
is  required  to  be  performed  and  the  result- 
ing injury,  such  injury  arises  out  of  the 
employment  within  the  meaning  of  the  act. 
— Globe,  etc.,  Co.  v.  Industrial  Accident 
Commission,  36  Cal.  App.  280,  171  Pac.  1088, 
5   I.   A.   C.   Dec.    36. 

26!>.  An  employer  can  not  be  held  liable 
under  the  act  unless  the  accident  arises  out 
of  and  in  the  course  of  the  employment  and 
it  devolves  on  the  claimant  to  establish  this 
fact  by  evidence  from  which  such  a  conclu- 
sion is  fairly  inferable. — Casualty  Company 
v.  Industrial  Accident  Commission,  54  Cal. 
Dec.    599,    4   I.   A.    C.   Dec.   340. 

270.  Performance  of  necessary  and  natu- 
ral act,  and  cessation  of  work  for  act  of 
self-indulg-ence. — On  petition  for  rehearing 
the  court  was  of  the  opinion  that  the  only 
difference  between  a  case  where  the  em- 
ployee pauses  in  his  work  to  do  some 
necessary  and  natural  act,  and  the  case 
where  there  is  a  cessation  of  work  for  an 
indulgence  in  some  act  merely  pleasant  and 
convenient  to  the  employee,  is  that  in  the 
latter  case  the  employer  may  have  the 
right,  by  reasonable  rules  and  regulations, 
to  forbid  indulgence,  as  smoking,  during 
working  hours.  There  was  no  such  rule  in 
the  present  case. — Whiting-Mead,  etc.,  Co. 
V.  Industrial  Accident  Commission,  26  Cal. 
App.  Dec.  262,  5  I.  A.  C.  Dec.  38  (original 
decision,  26  Cal.  App.  Dec.  112,  5  I.  A.  C. 
Dec.  4;  Duarte  v.  Whiting-Mead,  etc.,  Co., 
4  I.  A.  C.  Dec.  182).  Rehearing  denied. 
Affirmed  by  supreme  court,  178  Cal.  505,  5 
A.  L.  R.  1518,  173  Pac.  1105,  5  I.  A.  C.  Dec. 
152. 

271.  Compensable  injuries — Risk  reason- 
ably incident  to  employment. — The  rule  is 
that  those  injuries  only  are  compensable 
which  result  from  risk  reasonably  incident 
to  the  employment. — Coronado  Beach  Co.  v. 
Pillsbury,  172  Cal.  682,  686,  L.  R.  A.  1916P, 
1164,   158    Pac.   212. 

277.  Injury  must  arise  out  of  employ- 
ment as  well  as  be  received  in  the  course 
of  the  employment. — An  injury  of  an  em- 
ployee for  which  compensation  is  claimed 
under  the  act  must  not  only  be  received  in 
the  course  of  the  employment,  but  must 
also  arise  out  of  the  employment. — Kimbol 
V.  Industrial  Accident  Commission,  173  Cal. 
351,  353,  Ann.  Cas.  1917E,  312,  L.  R.  A.  1917B, 
595,  160  Pac.   150. 

27S.  Conditions  of  compensation  nndor 
act  of  1913. — Under  the  act  of  1913  (p.  279), 
section  12(a),  an  employer  is  liable  for  an 
injury  suffered  by  an  employee  only  when 
such  injury  is  caused  by  an  "accident  aris- 
ing out  of  and  in  the  course  of  the  employ- 
ment," and  this  right  compensation  is  no: 
broadened  by  subdivision  2  of  that  section 
in  the  event  of  death,  but  is  made  more 
specific  by  the  addition  of  the  clause  "act- 
ing within  the  course  of  his  employment  n- 
such." — Ocean  Ace,  etc.,  Co.  v.  Industrial 
Accident  Commission,  173  Cal.  313,  316, 
L.   R.   A.   1917B,   336,   159   Pac.   1041. 

270.  Injury  ninsf  arise  out  of  and  fn 
course    of    employment. — The    act    creates    a 


1615 


MASTER  AND  SERVANT. 


Act  2781 


liability  against  the  employer  in  favor  of 
the  injured  employee  only  when  the  injury 
is  the  result  of  accident  arising-  out  of  and 
in  the  course  of  the  employment. — Engle- 
bretson  v.  Industrial  Accident  Commission, 
170   Cal.    793.   796,    151    Pac.    421. 

280.  Conditions  o£  liability. — An  employer 
can  not  be  held  liable  for  accidental  in- 
juries, under  the  act,  unless  the  accident 
arises  out  of  and  in  the  course  of  the  em- 
ployment.— Casualty  Company  v.  Industrial 
Accident  Commission,  176  Cal.  530,  533,  169 
Pac.  76. 

281.  Liability  of  employer  —  Accident 
arising  out  of  employment. — Section  12(a) 
of  the  act  imposes  liability  for  compensa- 
tion only  where  the  injury  results  from  an 
accident  arising  out  of  and  in  the  course  of 
the  employment  of  the  person  injured. — ■ 
Coronado  Beach  Co.  v.  Pillsbury,  172  Cal. 
682,    684,   L.   R.   A.   1916F.    1164,   158   Pac.    212. 

282.  Proper  test  of  meaning'  of  phrase. — 
A  proper  test  of  the  meaning  of  the  phrase 
"arising  out  of  the  employment"  used  In 
the  act  in  defining  a  compensable  injury  ex- 
cludes an  injury  which  can  not  be  fairly 
traced  to  the  employment  as  a  contributing 
cause,  and  which  comes  from  a  hazard 
to  which  the  workman  would  be  equally 
exposed  apart  from  the  employment. — Kim- 
bol  V.  Industrial  Accident  Commission,  173 
Cal.  351,  353,  Ann.  Cas.  1917E,  312,  L.  R.  A. 
1917B,   595,   160   Pac.   150. 

283.  When  accident  ''arises  out  of"  em- 
ployment.— An  accident  "arises  out  of"  the 
occupation  when  there  is  a  causal  connec- 
tion between  the  conditions  under  which 
the  servant  works  and  the  resulting  in- 
jury.— Balboa,  etc.,  Co.  v.  Industrial  Acci- 
dent Commission,  35  Cal.  App.  793,  171  Pac. 
108,  5  I.  A.  C.  Dec.  6  (Stanley  v.  Balboa, 
etc.,  Co.,  4  I.  A.  C.  Dec.  162). 

284.  Existence  of  causal  connection  be- 
tween employment  and  incident. — When  it  is 
apparent  to  the  rational  mind,  upon  con- 
sideration of  all  the  circumstances,  tliat  a 
causal  connection  exists  between  the  con- 
ditions under  which  tlie  work  is  to  be  per- 
formed and  the  resulting  injury,  and,  under 
this  test,  it  can  be  seen  that  the  injury 
followed  as  a  natural  incident  of  the  work, 
and  to  have  been  contemplated  by  a  rea- 
sonable person  familiar  with  the  whole 
situation  as  a  result  of  the  exposure  occa- 
sioned by  the  nature  of  the  employment, 
then  it  arises  "out  of"  the  employment. — 
Kimbol  v.  Industrial  Accident  Commission, 
173  Cal.  351,  353,  Ann.  Cas.  1917E,  312, 
L.   R.    A.   1917B,   595,   160   Pac.   150. 

285.  Causal  connection  bet-ween  injury 
and  conditions  of  the  employment. — An  In- 
jury arises  out  of  the  employment  within 
the  meaning  of  the  act,  where  a  causal 
connection  between  the  injury  and  the  con- 
ditions under  which  the  work  Is  required 
to  be  done. — Elk  Grove,  etc.,  District  v. 
Industrial  Accident  Commission,  34  Cal.  App. 
589,   168  Pac.   392. 

286.  Accidents  arising  out  of  the  em- 
ployment of  the  person  injured  are  those 
in  which  it  is  possible  to  trace  the  injury 
to    the    nature    of    the    employee's    work    or 


to  the  risks  to  which  the  employer's  busi- 
ness exposes  the  employee. — Balboa,  etc., 
Co.  V.  Industrial  Accident  Commission,  35 
Cal.  App.  793,  171  Pac.  108,  5  I.  A.  C.  Dec.  6 
(Stanley  v.  Balboa,  etc.,  Co.,  4  I.  A.  C.  Dec. 
162). 

287.  An  accident  arising  out  of  the  em- 
ployment -within  the  meaning  of  the  act 
is  that  in  which  it  is  possible  to  trace 
the  injury  to  the  nature  of  the  employee's 
work,  or  to  the  risks  to  which  the  employ- 
er's business  exposes  the  employee. — Ward 
V.  Industrial  Accident  Commission,  175  Cal. 
42,  L.  R.  A.  1918A,  233,  164  Pac.  1123,  4 
I.  A.  C.  Dec.  117  (Ward  v.  Ward,  3  I.  A.  C. 
Dec.   220). 

2SS.  Causative  danger  must  be  peculiar 
to  the  employment  at  the  time  and  place. — • 
The  causative  danger,  to  bring  the  injury 
within  the  benefit  of  the  act,  must  be 
peculiar  to  the  work  and  not  common  to 
the  neighborhood,  incidental  to  the  char- 
acter of  the  business  and  not  independent 
of  the  relation  of  master  and  servant;  it 
need  not  be  foreseen  or  expected,  but  after 
the  event  it  must  appear  to  have  had  its 
origin  in  a  risk  connected  with  the  employ- 
ment and  to  have  flowed  from  that  source 
as  a  rational  consequence. — Kimbol  v.  In- 
dustrial Accident  Commission,  173  Cal.  351, 
353,  Ann.  Cas.  1917E,  312,  L.  R.  A.  1917B, 
595,  160  Pac.  150. 

289.  Exposure  to  particular  danger  dif- 
ferent from  the  commonalty. — Where  an  em- 
ployee is  exposed  to  a  particular  danger, 
differing  substantially  from  the  normal  risk 
to  which  all  are  subject,  and  the  employ- 
ment necessarily  accentuates  and  increases 
his  danger  above  that  to  which  persons 
generally  are  subject,  then  it  may  be  fairly 
held  that  the  conclusion  is  warranted  that 
the  accident,  although  unexpected  and  un- 
usual and  unanticipated  in  any  way,  arose 
out  of  the  employment. — Kimbol  v.  Indus- 
trial Accident  Commission,  173  Cal.  351,  355, 
Ann.  Cas.  1917E,  312,  L.  R.  A.  1917B,  595, 
160  Pac.  150. 

200.  Unsafe  condition  of  place  of  employ- 
ment.— Where  the  injury  to  the  employee 
is  due  to  the  unsafe  condition  of  the  place 
where  he  is  employed  and  required  to 
work,  the  injury  results  from  a  risk  rea- 
sonably incident  to  the  employment. — Kim- 
bol v.  Industrial  Accident  Commission,  173 
Cal.  351,  355,  Ann.  Cas.  1917E,  312,  L.  R.  A. 
1917B,  595,  160  Pac.  150. 

201.  Safe  access  to  employer's  premises. 
— An  employer  is  not  required  to  furnish  a 
safe  means  of  access  to  the  premises  on 
which  his  employees  work. — Mentz  v.  Pa- 
cific,  etc.,  Co.,   4  I.  A.  C.  Dec.   292. 

292.  Quarrels  among  employees — Injuries 
not  usually  compensable. — Ordinarily,  and 
outside  of  certain  exceptions,  injuries  suf- 
fered by  employees  during  quarrels  among 
themselves  may  not  be  made  the  basis  of 
compensation  under  the  act. — Metropolitan 
Redwood  Lumber  Co.  v.  Industrial  Accident 
Commission,  28  Cal.  App.  Dec.  1075,  182  Pac 
315,    6  I.   A.   C.   Dec.   78. 

See  Gireaux  v.  Metropolitan  Redwood 
Lumber  Co.,  6  I.  A.  C.  Dec.  4. 


Act  2781 


GENERAL  LAWS. 


1616 


303.  Foreinan  of  ^nni;  of  railroad  hands 
An-Mault  by  section  band. — An  injury  sus- 
tained by  a  foreman  in  charge  of  a  gang  of 
railroad  section  hands,  at  the  hands  of  one 
of  the  latter,  as  a  result  of  an  assault  grow- 
ing out  of  an  altercation,  arising  from  the 
justifiable  efforts  of  the  injured  employee 
to  maintain  his  authority  and  protect  his 
employer's  property,  was  an  injury  result- 
ing from  an  accident  arising  out  of  and  in 
the  course  of  his  employment. — Western  In- 
demnity Co.  V.  Pillsbury,  170  Cal.  686,  706, 
151  Pac.  398. 

204.  Kmployee  assaulted  by  foreman, — 
An  injury  sustained  by  an  employee  by  rea- 
son of  an  assault  by  his  foreman  was  held 
to  have  been  incident  to  the  employment 
and  not  because  of  an  altercation  due  to 
personal  feeling. — Catalina  v.  Redwood,  etc., 
Co.,   5  I.  A.  C.  Dec.   89. 

295.  Hotel  elevator  conductor — Assault 
by  fellow  employee. — An  injury  sustained 
by  a  hotel  elevator  conductor  from  an  as- 
sault by  a  fellow  employee  in  the  course 
of  a  personal  altercation  as  to  the  proper 
use  of  the  elevator  under  the  rules  of  the 
employer,  was  held  to  be  an  injury  arising 
out  of  the  employment  and  compensable. — 
Waldstein  v.  Hotel  Richelieu,  5  I.  A.  C.  Dec. 
177. 

206.  Employee  assaulted  by  fellow  em- 
ployee.— An  injury  sustained  by  an  employee 
while  performing  service  in  his  employment, 
by  an  assault  on  the  part  of  a  fellow  ser- 
vant, known  by  the  employer  to  be  of  a 
quarrelsome  nature  not  due  to  blame  or 
fault  on  the  part  of  the  injured  employee, 
but  to  quarrelsome  nature  of  the  assailant, 
and  is  held  to  have  arisen  out  of  and  been 
proximately  caused  by  the  employment,  and 
to  be,  compensable. — TamborinI  v.  Melville, 
6  I.  A.  C.  Dec.  217. 

297.  Assault  by  fellofr  employee  —  Per- 
sonal feeling. — An  injury  resulting  from  a 
fellow  employee's  assault,  provoked  by  per- 
sonal feeling,  was  held  not  to  have  arisen 
out  of  or  been  proximately  caused  by  the 
employment,  and  was  not  compensable. — 
Albert  v.  Bethlehem  Shipbuilding  Co.,  6 
I.  A.  C.  Dec.  65. 

208.  Same — Personal  quarrel. — An  injury 
from  a  fellow  servant's  assault  provoked 
solely  by  a  personal  quarrel,  applicant  being 
the  aggressor,  held  not  to  have  arisen  out  of 
the  employment,  and  was  not  proximately 
caused  thereby,  and  was  not  compensable. — 
Taddei  v.  Pioneer  Motor  Company,  6  I.  A.  C. 
Dec.  65. 

290.  Unprovoked  assault  by  fellow  em- 
ployee.— In  the  case  of  an  injury  from  an 
unprovoked  assault  by  a  fellow  employee,  it 
was  held  that  there  was  an  absence  of  spe- 
cial risk,  and  that  the  injury  did  not  arise 
out  of  the  employment. — Mendel  v.  Red- 
lick-Ncwman   Co.,    5   I.   A.    C.    Dec.    69. 

209a.  Storekeeper  of  lumber  company- 
Assault  by  co-employee. — An  injury,  the  re- 
sult of  an  assault,  sustained  by  a  store- 
keeper in  the  employ  of  a  lumber  company, 
at  the  hands  of  a  fellow  clerk  employed  as 
bookkeeper  and  postmaster  by  the  same 
company,  the  postoflfice  being  located  in  the 


store,  the  assault  being  due  to  friction  be- 
tween the  two  employees,  and  arising  In 
connection  with  the  employment,  arose  out 
of  and  was  proximately  caused  by  the  em- 
ployment, although  the  injured  employee 
was  engaged  at  the  time  of  the  injury  in 
performing  services  at  the  request  of  the 
company's  manager,  which  was  not  strictly 
in  tlie  line  of  his  duty. — Glreaux  v.  Metro- 
politan, etc.,  Co.,  6  I.  A.  C.  Dec.  4. 

300.  Assault  due  to  conflict  of  work  and 
not  personal  feeling;. — Where  an  employee 
of  one  sub-contractor  was  assaulted  and  in- 
jured by  an  employee  of  another  sub-con- 
tractor working  on  the  same  job  and  It 
appeared  that  the  assault  was  prompted  by 
a  conflict  of  work  and  not  by  any  personal 
feeling,  it  was  held  that  the  injury  arose 
out  of  and  was  approximately  caused  by  the 
employer. — Mishler  v.  Bay  City,  etc.,  Co.,  5 
I.  A.  C.  Dec.  119. 

301.  Hotel  houseman — Assault  by  appli- 
cant for  employment. — A  hotel  houseman, 
having  charge  of  the  hiring  of  help,  was 
specially  exposed,  by  reason  of  his  employ- 
ment, in  excess  of  the  commonalty,  to  the 
danger  of  assault  from  a  person  applying 
for  employment,  and  it  Is  held  that  an  in- 
jury resulting  from  such  an  assault  arose 
out  of  and  was  proximately  caused  by  his 
employment. — Badger  v.  Fryman,  6  I.  A.  C. 
Dec.  108. 

302.  Foreman  of  construction  of  county 
road — Assault  by  discharged  employee. — An 
injury  sustained  by  a  foreman  of  a  gang  of 
men  employed  by  a  county  in  the  construc- 
tion of  a  concrete  road,  from  being  struck 
by  a  blow  by  a  laborer  discharged  by  him 
for  refusing  to  perform  the  work  in  the 
manner  directed,  is  an  injury  arising  out  of 
and  in  the  course  of  his  employment. — 
County  of  San  Bernardino  v.  Industrial  Acci- 
dent Commission,  35  Cal.  App.  33,  169  Pac. 
255,  4  I.  A.  C.  Dec.  324. 

303.  Clerk  in  cigar  store^Aggressive  at- 
tack on  stranger. — Where  a  clerk  in  a  cigar 
store  became  involved  in  a  quarrel  with  a 
stranger  and  became  the  aggressor  and  at- 
tacked the  stranger,  and  the  latter  made 
an  attack  which  caused  injuries  resulting 
in  such  clerk's  death,  it  was  held  that  the 
altercation  and  assault  did  not  arise  out  of 
the  employment,  and  that  the  risk  thereof 
was  not  incidental  to  or  a  part  of  the  em- 
ployment.— Treadwell  v.  Marks,  3  I.  A.  C. 
Dec.   3. 

304.  Restaurant  cook  —  Assault  by 
drunken  customer. — Where  a  restaurant 
cook  was  employed  at  night  and  was  re- 
quired to  keep  a  toilet  clean  and  presentable 
for  the  use  of  customers  and  a  drunken  cus- 
tomer soiled  the  seat  of  the  toilet  and  the 
cook  remonstrated  with  him,  whereupon  the 
customer  as.saulted  and  injured  the  cook,  it 
was  held  that  employee  was  specially  ex- 
posed thereby  to  the  risk  of  such  assault 
and  therefore  the  injury  arose  out  of  the 
employment. — Hendricksen  v.  London,  etc., 
Co.,   4  I.   A.   C.   Dec.    366. 

.105.  Saloon  manager — Injury  vi'hile  eject- 
ing disturbing  cu.stomer — Unprovoked  as- 
sault.— Where   it  was   the  duty  of  a  saloon 


1617 


HASTKR  AND  SE:RVANT. 


Act  2781 


manager  to  maintain  order  in  the  saloon 
and  eject  disturbing-  customers  and  .-in  in- 
toxicated customer  made  an  unprovoked 
assault  upon  him  and  in  self-defenss  and  in 
an  attempt  to  eject  him,  the  manager  sus- 
tained an  injury  to  his  hand,  it  was  held 
that  said  injury  arose  out  of  and  was  proxi- 
mately caused  by  said  employment. — Scott 
V.   Scott,   4  I.   A.  C.   Dec.   193. 

306.  Barkeeper,  shot  in  "holdup." — A  bar- 
keeper was  shot  in  a  "holdup"  in  his  em- 
ployer's saloon  by  robbers  near  midnight, 
and  it  was  held  that  he  was  subjected  to 
a  special  risk  of  such  assaults  and  that 
therefore  the  injury  was  compensable. — 
Griffin  v.   Yribarne,   5   I.   A.   C.   Dec.    165. 

306a.  Waiter  in  cafe — Killed  -^rhile  e.1ect- 
ing  unruly  persons. — Where  it  is  a  part  of 
the  duty  of  a  waiter  in  a  cafe  to  assist 
in  keeping  order,  quell  disturbances,  and 
eject  unruly  persons,  his  widow  and  a  minor 
son  are  entitled  to  compensation  under  the 
act,  for  his  death  while  assisting  in  stop- 
ping a  brawl  in  such  cafe  previously  started 
between  a  disorderly  patron  and  another 
waiter. — Stevens  v.  Industrial  Accident 
Commission,   179  Cal.   592,   178  Pac.   296. 

307.  Grocery  employee — Struck  by  mis- 
take— Altercation  bet^veen  co-emplojees. — 
An  employee,  whose  duties  required  him 
to  stand  at  the  foot  of  a  chute  down  which 
various  objects  used  in  his  employer's  busi- 
ness were  projected,  was  injured  by  being 
struck  by  a  fellow  employee,  who,  in  the 
course  of  a  personal  altercation  with  an- 
other employee  fell  down  the  chute,  and  it 
was  held  that  the  injury  arose  out  of  and 
was  proximately  caused  by  the  employ- 
ment. —  Deuel  V.  Ralphs  Grocery  Co.,  6 
I.  A.  C.  Dec.   182. 

308.  Employee  of  commission  house — Ac- 
cidental killing  during  altercation  between 
customer  and  fellow  employee. — An  em- 
ployee in  a  commission  house,  who  w^as 
killed  by  an  accident  caused  by  being 
shoved  against  a  knife  held  in  the  hands 
of  a  customer  during  an  altercation  be- 
tween such  customer  and  a  fellow  em- 
ployee, arising  from  an  incident  in  the  em- 
ployment, but  without  any  intent  to  make 
the  deceased  a  party  to  the  dispute,  and  in 
fact,  without  being  aware  of  his  proximity, 
was  held  not  to  be  compensable,  on  the 
ground  that  the  employment  exposed  the 
deceased  to  no  greater  risk  of  such  an  as- 
sault than  a  bystander  not  so  employed. — 
Pereira  v.  Hunt,  Hatch  &  Co.,  5  I.  A.  C. 
Dec.  170. 

."JOO.  Employee  of  lumber  company— 
Loading:  lumber. — An  employee  of  a  lumber 
company  who  was  injured  in  some  manner 
while  pulling  a  piece  of  timber  from  a  pile 
from  which  he  was  loading  lumber,  was 
injured  by  an  accident  arising  out  of  and 
in  course  of  the  employment,  within  the 
meaning  of  section  12  of  the  act  of  1913. — 
Southwestern  Surety  Ins.  Co.  v.  Pillsbury, 
172  Cal.   768,   770,   158   Pac.   762. 

.110.  miner — Injured  Tvhile  tiding^  on 
mine  truck. — An  employee  at  a  mine,  in- 
jured while  riding  on  the  naine  truck  on 
his   return   from   an   absence   on   leave   to   a 

Gen.  Laws— 102 


distant  point  on  his  own  affairs,  who  might 
have  returned  on  the  stage,  was  not  in- 
jured in  an  accident  arising  out  of  and  in 
the  course  of  his  employment  notwithstand- 
ing the  fact  that  before  boarding  the  truck 
he  stopped  en  route  to  the  mine,  at  the  re- 
quest of  the  superintendent,  and  helped  to 
unload  the  truck  upon  the  superintendent's 
promise  to  pay  him  wages  for  the  service, 
and  continued  his  journey  on  the  truck  on 
the  superintendent's  invitation,  and  an 
award  by  the  commission  was  unauthorized. 
— Boggess  v.  Industrial  Accident  Commis- 
sion, 176  Cal.  534,  536,  L.  R.  A.  1918F,  883, 
169  Pac.  75. 

311.  I^aborer  in  the  erection  of  a  build- 
ing— Fall  due  to  epileptic  fit. — Under  the 
act,  an  injury  resulting  in  the  death  of  a 
laborer  employed  in  the  erection  of  a  build- 
ing from  falling  from  the  scaffold  upon 
which  he  was  working  to  the  ground  thirty- 
nine  feet  below,  is  not  an  injury  arising 
out  of  his  employment,  where  it  is  shown 
that  he  was  seized  with  an  epileptic  fit  and 
fell  to  the  surface  of  the  scaffold  and  from 
thence  to  the  ground. — Brooker  v.  Indus- 
trial Accident  Commission,  176  Cal.  275, 
L.  R.  A.  1918F,  878,  168  Pac.  126,  4  I.  A.  C. 
Dec.  311  (Fuente  v.  Goodbody  3.  I.  A.  C. 
Dec.    492). 

312.  Chambermaid  in  hotel — Killed  by 
falling  doTvn  light  well. — A  woman  em- 
ployed and  performing  service  as  chamber- 
maid in  a  hotel,  killed  by  falling  down  a 
light  well  of  the  hotel  while  voluntarily 
performing  the  service  as  janitor  of  clean- 
ing the  light  well,  and  in  spite  of  warning 
of  the  danger,  and  without  knowledge  of 
her  employer,  was  not  killed  by  an  accident 
arising  out  of  and  in  the  course  of  her  em- 
ployment.— Williamson  v.  Industrial  Acci- 
dent Commission,  177  Cal.  715,  718,  171  Pac. 
797. 

31.3.  Sailor — Disappearance  without  ex- 
planation— Presumption.  —  Where  a  sailor 
disappeared  from  the  ship  on  which  he  was 
employed  while  on  a  voyage  on  the  liigh 
seas,  without  explanation,  the  presumption 
is  that  his  death  arose  out  of  his  employ- 
ment.— Karus  v.  Charles  Nelson  Company, 
6  I.  A.  C.  Dec.  125. 

314.  Bank  messenger. — A  bank  messen- 
ger injured  while  having  his  automobile, 
furnished  by  his  employer,  repaired,  at  the 
employer's  direction,  was  performing  serv- 
ice in  the  course  of  his  employment,  and 
was  entitled  to  compensation. — Angler  v. 
First  National  Bank,   6  I.  A.  C.  Dec.  156. 

315.  Cook's  helper  on  construction  train. 
— A  cook's  helper  on  a  construction  train, 
in  which  he  was  required  by  the  terms  of 
his  contract  of  employment  to  work,  eat 
and  sleep,  was  injured  by  a  fall  when  leav- 
ing the  bunk  car  at  night  to  attend  to  call 
of  nature,  and  it  was  held  that  the  danger 
of  such  injury  was  inherent  in  the  use  of 
the  living  conditions  provided  by  the  em- 
ployer, and  that  the  injury  arose  out  of 
the  employment  and  was  compensable. — 
lentzseh  v.  Southern  Pacific  Co.,  6  I.  A.  C. 
Dec.   158. 

316.  Boatman— Drowning.  —  The   circum- 


let  27S1 


GCNERAL   LAWS. 


161% 


stances  held  to  Indicate  that  a  boatman 
employed  on  Western  Pacific  mole  at  San 
Francisco  bay  was  drowned  in  the  perform- 
ance of  his  duties. — McLeod  v.  Clement  & 
Son,   6  I.  A.  C.  Pec.   18. 

317.  Marine  flreman — Jumpliifir  to  deck 
InMtend  of  nninR:  jtnnKplnnk. — Whore  a  ma- 
rine fireman  was  injured  in  attempting  to 
jump  across  a  space  of  three  and  a  half 
feet  from  a  wharf  to  the  barge  where  he 
was  employed  and  where  he  slept  instead 
of  poinp:  over  the  gangplank,  which  he  er- 
roneously believed  not  strong  enough  to 
support  him,  the  injury  arose  out  of  and 
was  proximately  caused  by  the  employment. 
Dado  V.  Standard  Oil  Co.,  6  I.  A.  C.  Dec.  9. 

318.  Sallop — FlnKer  Infection. — An  infec- 
tion of  the  finger  of  a  sailor,  who  had  not 
been  off  the  ship  where  he  was  employed, 
which  the  evidence  showed  to  be  to  some 
condition  or  injury  to  which  he  was  speci- 
ally exposed  by  reason  of  his  employment, 
although  the  precise  cause  did  not  appear, 
held  to  have  arisen  out  of  and  to  have 
been  proximately  caused  by  the  employ- 
ment.— Gresswell  v.  Matson,  etc.,  Co.,  6 
1.   A.   C.   Dec.   49. 

310.  Bargehnnd — Fell  from  deck  and 
droivned. — Where  a  deckhand  on  a  barge, 
whose  sole  duty  was  to  help  load  and  un- 
load the  barge,  while  on  a  voyage  from 
San  Francisco  to  Oakland,  in  Ignorance  of 
a  rule  prohibiting  him  from  being  on  deck, 
fell  from  the  deck  and  was  drowned,  it  is 
held  that  he  was  killed  by  accident  occur- 
ring in  the  course  of  and  arising  out  of  his 
employment  within  the  meaning  of  the  act. 
— W.  R.  Rideout  Co.  v.  Pillsbury,  173  Cal. 
132,   134,    159   Pac.   435. 

320.  DI.Mhwasher — Collapse  of  restaurant 
floor. — Where  a  dishwasher  employed  in  a 
restaurant  located  upon  the  ground  floor  of 
a  building  was  injured  in  the  place  of  his 
emjiloyment  by  the  sudden  giving  way  of 
the  floor  immediately  above  the  restaurant, 
not  in  any  way  connected  with  the  latter 
and  not  under  the  control  of  the  restaurant 
owner,  it  was  held  that  the  injury  arose 
out  of  employment  within  the  meaning  of 
the  act. — Kimbol  v.  Industrial  Accident 
Commission,  173  Cal.  351,  354,  Ann.  Cas. 
1917E.  312,  L,.  R.  A.  1917B,  595,  160  Pac.  150. 

321.  i.nliorer  employed  to  fihovel  eravel 
—Driving  team  during  temporary  exchange 
of  work. — The  driving  of  a  team  during  a 
temporary  exchange  of  work  with  the  team- 
ster by  a  laborer  employed  to  shovel  gravel, 
is  not  the  regular  employment  of  such 
laborer,  and  an  award  for  an  injury  re- 
ceived by  him  while  so  engaged,  on  the 
ground  that  it  arose  out  of  and  in  the 
course  of  his  employment  must  be  an- 
nulled.— Modoc  Co.  v.  Industrial  Accident 
Commission,  32  Cal.  App.   548,  1G3  Pac.  685. 

322.  Street  car  conductor — Injured  %vhlle 
on  perMonal  errand. — It  was  held  in  this  case 
that  at  the  time  of  the  Injury  the  street 
car  conductor  was  engaged  in  an  unau- 
thorized personal  errand  and  that  therefore 
the  injury  did  not  arise  out  of  or  in  the 
course  of  employment. — Rydberg  v.  San 
Francisco.  4  I.  A.  C.  Dec.  333. 


323.  Injury  in  automobile  accident^ 
Rink  of  commonalty. — Where  an  employee 
was  paid  mileage,  and  his  wages  while  be- 
ing transported  from  his  home  to  his  place 
of  employment,  and  was  injured  in  an  au- 
tomobile accident,  It  was  held  that  the  risk 
of  such  injury  was  not  a  risk  of  the  com- 
monalty and  said  injury  arose  out  of  and  in 
the  course  of  employment. — Summers  v. 
California  Iron  Works,  4  I.  A.  C.  Dec.  275. 

324.  Hotel  porter — Injured  by  kickinK 
hONe  of  vacuum  cleaner. — Where  a  hotel 
porter  kicked  the  hose  of  a  vacuum  cleaner 
and  suffered  a  slipping  of  the  semilunar 
cartilage  of  his  knee  and  several  years 
theretofore  he  had  suffered  an  injury  to 
the  same  knee,  but  had  suffered  no  inter- 
vening disability  therefrom,  it  was  held 
that  said  injury  arose  out  of  the  employ- 
ment and  was  compensable. — Evans  v.  Mey- 
ers,  4  I.   A.  C.  Dec.   250. 

32.'>.  Bootblack  on  ferryboat  while  on 
his  way  to  lunch  on  board. — Where  a  boot- 
black employed  upon  a  ferryboat  was  re- 
quired by  the  nature  of  his  employment  to 
eat  his  lunch  upon  said  ferryboat  and,  while 
descending  the  stairs  on  his  way  from  the 
bootblack  stand  to  the  lower  deck  where  he 
ate  his  lunch,  he  slipped  and  sustained  a 
hernia,  it  was  held  that  said  hernia  arose 
out  of  and  was  proximately  caused  by  said 
employment. — Lomoglio  v.  Green,  4  I.  A.  C. 
Dec.  249. 

326.  President  and  shop  foreman  Injured 
vi-hlle  delivering  a  message  for  vice  presi- 
dent.— Where  the  president  and  shop  fore- 
man of  a  corporation  was  asked  to  deliver 
a  message  for  the  vice  president,  who  lived 
near  the  applicant's  home,  and  after  per- 
forming the  errand  he  was  injured,  it  was 
held  that  such  Injury  was  incurred  in  the 
course  of  his  employment,  and  the  injury 
arose  out  of  the  employment. — Goodwin  v. 
National  Cornice  Works,  4  I.  A.  C.  Dec.  245. 

327.  Making  repairs  on  automobile  used 
in  employer's  business. — Where  an  employee 
used  his  father's  automobile  in  the  cour.se 
of  his  employment  and  his  employer  paid 
for  the  gasoline  and  oil  consumed,  and 
while  performing  services  in  the  course  of 
his  employment  said  employee  started  for 
his  home  in  order  to  make  necessary  repairs 
on  said  automobile  and  lie  was  injured  on 
the  way,  it  was  held  that  the  making  of 
such  repairs  was  so  closely  connected  with 
said  employment  that  the  injury  arose  out 
of  and  was  proximately  caused  by  said  em- 
ployment.— Davis  V.  Earl  Publishing  Co.,  4 
I.  A.  C.  Dec.  234. 

328.  Injury  sustained  while  obeying  un- 
authorized order. — It  was  held  under  the 
present  circumstances  that  an  injury  sus- 
tained by  an  employee  while  obeying  an 
unauthorized  order  of  his  employer's  repre- 
sentative, was  an  injury  which  arose  out  of 
and  in  the  course  of  the  employment,  it 
being  the  duty  of  such  employee  to  obey 
such  directions,  regardless  of  the  power  or 
authority  of  the  latter  to  give  said  direc- 
tions.— Norton  v.  City  of  Oakland.  4  I.  A.  C. 
Dec.  231. 


1019 


MASTER   A>D   SERVANT. 


Act  27S1 


329.  Performance   of   unauthorized   act. — ■ 

An  employee  who,  even  in  the  performance 
of  a  duty  of  his  employment,  does  an  un- 
authorized act  reasonably  incident  to  his 
employment,  thereby  enters  upon  an  under- 
taking- outside  the  scope  of  his  employment 
and  an  injury  sustained  while  so  doing  does 
not  arise  out  of  or  in  the  course  of  such 
employment. — Townsend  v.  Los  Angeles, 
etc.,  Co.,   4  I.  A.  C.  Dec.   193. 

330.  Injury  ■tvhlle  going  to  lunch  on  em- 
ployer's premises. — Where  the  employees 
keep  their  lunches  in  the  dressing  room 
provided  by  the  employer  and  eat  them  upon 
the  employer's  premises,  and  one  of  said 
employees  is  injured  while  proceeding  from 
the  place  where  the  duties  of  her  employ- 
ment are  performed  to  said  dressing  room 
to  get  her  lunch,  it  was  held  that  said  in- 
jury arose  out  of  and  in  the  course  of  her 
employment. — Mulholland  v.  Western,  etc., 
Co.,   4  I.  A.  C.  Dec.   182. 

331.  Gamekeeper— Injury  while  ser»-ing 
self. — Where  a  gamekeeper  was  employed 
to  bait  duck  ponds,  keep  trespassers  away 
and  care  for  the  game  preserve,  and  as 
part  of  his  wages  he  lived  upon  the  pre- 
serve and  was  supplied  with  provision.*!,  in- 
cluding fresh  meat,  and  was  injured  while 
attempting  to  shoot  some  mud  hens  for  his 
own  use,  it  was  held  that  the  procuring  of 
said  fresh  meat  was  a  matter  of  the  appli- 
cant's own  preference  and  convenience  and 
that  said  injury  therefore  did  not  arise  out 
of  the  employment. — Elliott  v.  Meek,  4 
I.  A.  C.  De-.  178. 

333.  Same — Accidental  gunshot. — The  ac- 
cidental killing  of  a  gamekeeper  while  en- 
gaged in  doing  that  which  he  was  employed 
to  do,  patrolling  his  employer's  ranch  in 
quest  of  poachers,  and  in  connection  there- 
with, under  express  orders  from  his  em- 
ployer, assisting  an  authorized  hunter  in 
finding  and  killing  a  deer,  is  an  act  arising 
out  of  his  eniployment  within  the  meaning 
of  the  act. — O.  L.  Shaffer  Co.  v.  Industrial 
Accident  Commission,  175  Cal.  522,  525,  166 
Pac.   24. 

333.  Packing  oranges— Breaking  uterine 
adhesions. — Where,  at  the  time  of  entering 
defendant's  employ,  a  woman  had  abdomi- 
ral  adhesions,  due  to  a  uterine  infection, 
which  had  not  theretofore  caused  any  dis- 
ability, and  said  adhesions  were  strained  or 
torn  by  a  simple  bodily  movement  while 
packing  oranges,  it  was  held  that  the  in- 
jury arose  out  of  and  was  proximately 
caused  by  the  employment. — Hawley  v.  El 
Cajon,   etc..  Association,   4   I.   A.   C.  Dec.  167. 

334.  Infection  of  vaccination  wound. — 
Where  death  occurred  from  tetanus  caused 
by  an  infected  vaccination  wound  from  a 
vaccination  required  as  a  condition  prece- 
dent to  employment,  it  was  held  that  the 
evidence  was  insufficient  to  establish  that 
said  death  arose  out  of  or  in  course  of  em- 
ployment.— Royer  v.  Atchison,  etc.,  Co.,  4 
I.    A.    C.   Dec.    159. 

335.  An  injury  sustained  because  of  vac- 
cination required  of  an  applicant,  prece- 
dent to  such  employment,  does  not  arise 
out  of   or   in   the  course   of  the   employment 


which  is  given  after  such  vaccination — . 
Royer  v.  Atchison,  etc.,  Co.,  4  I.  A.  C.  Dec. 
159. 

336.  Teamster  ^  Automobile      accident. — 

\n  injury  sustained  by  a  teamster  on  the 
premises  of  his  employer,  as  a  result  of  an 
attempted  rescue  of  a  child  getting  in  the 
way  of  the  employer's  automobile,  is  held 
to  be  compensable. — Sibley,  etc.,  Co.  v.  Nel- 
son,  5   I.  A.   C.   Dec.    203. 

337.  Hotel  clerk — Gunshot  inflicted  for 
per.sonal  reasons. — An  injury  sustained  by 
a  hotel  clerk  from  an  assault  and  gunshot 
by  a  woman  with  whom  he  had  been  on 
extremely  friendly  and  intimate  relations, 
which  had  been  discontinued  shortly  before 
the  shooting,  was  held  not  to  have  been 
an  injury  arising  from  the  performance  of 
any  of  his  duties  and  that  the  risk  of  being 
so  assaulted  and  shot  was  not  an  incident 
of  his  employment  and  that  therefore  the 
injury  was  not  proximately  caused  by  the 
employment. — GrifRn  v.  Argonaut  Hotel,  5 
I.  A.  C.  Dec.  195. 

338.  Employee  killed  by  insane  em- 
ployer.— The  dependents  of  a  deceased 
employee  who  was  killed  by  his  employer 
while  the  latter  was  laboring  under  an  in- 
sane hallucination  that  the  employee  was 
robbing-  him,  were  not  entitled  to  compen- 
sation, on  the  ground  that  the  death  did  not 
arise  out  of  and  was  not  proximately 
caused  by  the  employment,  it  appearing 
that  the  insanity  was  the  sole  actuating 
cause. — Wheeler  v.  McCaw,  5  I.  A.  C.  Dec. 
185. 

33».  Health  officer — Mountain  fever. — 
Where  an  employee  of  the  state  board  of 
health  was  engaged  in  an  anti-rabies  cam- 
paign, which  necessitated  living  and  work- 
ing in  a  wild  country  and  exposed  him  to 
danger  of  tick  bites,  and  by  reason  of  such 
bites  he  contracted  Rocky  Mountain  spotted 
fever,  it  was  held  that  such  exposure  was 
greater  than  that  to  which  his  usual  oc- 
cupation subjected  him  or  to  which  the 
commonalty  in  the  same  locality  was  ex- 
posed and  that  therefore  such  disease  arose 
out  of  the  employment. — Adams  v.  State  of 
California,   4  I.  A.   C.  Dec.   62. 

340.  Construction  camp— .I'se  of  water. — ■ 
Where  it  was  intended  that  the  water  of 
a  certain  spring  should  be  furnished  for 
the  personal  use  of  a  large  number  of  em- 
ployees living  at  a  construction  camp,  but 
the  spring  water  was  not  always  con- 
veniently available  and  the  employees  with- 
out being  cautioned  as  to  the  danger  of  so 
doing,  used  and  drank  water  from  a  creek 
which  flowed  through  the  camp,  and  from 
his  use  of  such  creek  water  one  of  said 
employees  contracted  typhoid  fever,  it  was 
held  that  the  typhoid  fever  arose  out  of 
the  employment  and  was  compensable. — 
Price  V.  Bates,  Borland  &  Ayer,  4  I.  A.  C. 
Dec.   99. 

341.  Employee  Injured  on  street — Special 
exposure  to  risk. — Where  an  employee  was 
sent  by  his  employer  upon  two  express 
errands  to  be  performed  during  the  noon 
hour  and  the  employee,  after  performing 
the     first    errand,     and    loitering    upon     the 


Act  2781 


ge:]Ve:ral  la\%s. 


1620 


street  a  few  minutes  was  Injured  while 
catching^  a  street  car  to  perform  the  second 
errand,  it  was  held  that  he  was  specially 
exposed  to  the  risk  of  such  injury  by  rea- 
son of  his  employment,  and  that  the  injury 
arose  out  of  the  employment. — Cousins  v. 
Hanlon.  4  I.  A.  C.  Dec.   97. 

342.  Employee  injured  In  automobile  ac- 
cident.— An  injury  in  an  automobile  acci- 
dent, the  use  of  the  automobile  being  au- 
thorized by  the  employer,  was  held  to  have 
resulted  from  special  exposure  to  risk  of 
such  an  injury  by  reason  of  the  employ- 
ment, and  therefore  to  have  arisen  out  of 
the  employment. — Kelley  v.  American,  etc., 
Co.,  5  I.  A.  C.  Dec.  53. 

S43.  Fire  fijrlitcr — Injured  after  services 
ended. — One  employed  to  fight  a  fire,  in- 
jured after  his  services  were  ended  and 
he  was  ready  to  go  home,  was  not  injured 
in  the  course  of  his  employment,  and  his 
injury  did  not  arise  out  of  the  same,  within 
the  meaning  of  section  12a  of  the  act. — 
London,  etc.,  Co.  v.  Industrial  Accident 
Commission,   173  Cal.   642,   645,   161    Pac.   2. 

343a.  Employee  at  mine  accidentally 
shot  by  guard. — The  guard,  although  acting 
recklessly  and  negligently,  was  in  the  per- 
formance of  an  act  within  the  general 
scope  of  his  duties,  and  was  not  acting 
maliciously,  and  the  injured  employee  was 
entitled  to  recover  compensation  for  the 
injury. — Atolia  Mining  Co.  v.  Industrial  Ac- 
cident Commission,  175  Cal.  691,  693,  167 
Pac.    148. 

.344.  Employee  killed  by  fall  doivn  ele- 
vator shaft. — Where  the  employee  was 
killed  by  falling  down  an  elevator  shaft 
from  a  floor  of  the  employer's  premises 
where  he  was  not  employed  and  where  the 
duty  of  his  employment  did  not  call,  the 
award  of  the  commission  was  not  author- 
ized.— Casualty  Co.  v.  Industrial  Accident 
Commission,    176  Cal.   530,   534,   169   Pac.   76. 

345.  Retail  buyer  killed  on  way  to 
the  wholesale  district. — A  retail  buyer  for 
his  employer's  store,  killed  by  a  street  car 
while  on  his  way  from  his  home  to  the 
wholesale  district  to  buy  the  day's  stock  of 
fruit  for  the  store,  according  to  the  regu- 
lar routine  of  his  employment,  held  to  have 
been  injured  while  on  his  way  to  the  place 
of  his  employment,  which  was  the  whole- 
sale district,  that  such  injury  was  the  re- 
sult of  a  risk  of  the  commonalty  and  not 
one  to  which  he  was  specially  exposed,  and 
did  not  arise  out  of  and  was  not  sustained 
in  the  course  of  his  employment. — Weyl  v. 
L.  D.  McLean  Co.,  6  I.  A.  C.  Dec.  64. 

346.  Enjployee  injured  ivhile  working 
under  his  foreman's  direction  for  another 
corporation. — Employee  of  steel  company 
•working  under  the  direction  of  a  foreman 
employed  by  the  steel  company  and  also  by 
a  railroad  company,  was  injured  while 
working  under  the  foreman's  direction,  for 
the  latter  company,  with  the  knowledge  of 
the  former  company,  held  that  such  injury 
arose  out  of  and  in  the  course  of  appli- 
cant's employment  with  the  steel  company 
and  was  compensable. — Thurow  v.  Noble 
Electric  Steel  Co.,   6  I.  A.  C.  Dec.  70. 


.347.  Barber  shop  porter — Elevator  acci- 
dent.— An  injury  in  an  elevator  in  the 
building  where  applicant  was  employed, 
while  he  was  on  his  way  to  obtain  a  bottle 
of  milk  for  his  lunch,  was  held  to  have 
been  from  a  risk  to  which  he  was  specially 
exposed,  and  not  a  risk  of  the  common- 
alty and  was  compensable. — Miles  v.  Papi- 
neau,  6  I.  A.  C.  Dec.  74. 

348.  Employee  burned  while  extinguish- 
ing pan  of  burning  alcohol. — An  employee, 
fatally  burned  while  attempting  to  extin- 
guish a  pan  of  burning  alcohol,  an  act  out- 
side her  express  duties,  was  held,  under 
the  circumstances,  to  have  suffered  the  in- 
jury while  performing  an  act  reasonably 
incidental  to  her  employment. — Carlson  v. 
Brunt,   6  I.  A.  C.  Dec.   81. 

34ft.  Employee  injured  while  cutting 
wood  to  keep  warm. — An  employee,  occupy- 
ing furnished  lodgings  as  a  part  of  his 
wages,  w^as  injured  while  cutting  wood  to 
keep  warm  after  working  hours.  Held  not 
compensable. — Hollas  v.  Noble  Electric  Steel 
Co.,   6  I.   A.  C.  Dec.   85. 

350.  Camp  employee — Crossing  railroatl 
tracks. — Where  an  employee  of  a  rice  grow- 
ers association  resided  at  his  employer's 
camp  through  which  passed  the  tracks  of 
a  railroad,  and  was  run  over  and  killed  by 
a  train  while  crossing  such  track  while  on 
his  way  from  his  breakfast  to  his  work,  it 
was  held  that  by  reason  of  the  nature  of 
the  facilities  provided  he  was  specially  ex- 
posed to  the  risk  of  the  injury  he  sus- 
tained, and  that  therefore  such  injury  arose 
out  of  and  was  proximately  caused  by  the 
employment. — Korean  National  Association 
of  America  v.  State  Compensation  Insurance 
Fund,   6  I.   A.   C.   Dec.   92. 

351.  Employee  on  way  to  place  of  em- 
ployment—Transportation by  employer. — 
Where  transportation  to  the  place  of  work 
is  furnished  by  the  employer  as  a  part  of 
the  contract  of  hire,  as  in  the  present  case, 
the  employment  commences  when  the  em- 
ployee starts  to  the  place  of  work,  and 
when  injured  on  the  way,  the  injury  arises 
out  of  and  in  the  course  of  the  employment 
— George  v.  Agelakis,   6  I.  A.  C.  Dec.   109. 

352.  Employee  Injured  while  using  em- 
ployer's automobile  for  personal  purposes. — 
An  employee  injured  while  using  his  em- 
ployer's automobile  on  a  personal  errand, 
held  not  to  be  entitled  to  compensation. — 
Clarke  v.  Anderson  Motor  Co.,  6  I.  A.  C. 
Dec.  123. 

353.  Employee  of  smelting  plant — Burnt 
while  warming  foot  over  molten  metal. — 
Where  the  employees  of  a  smelting  plant 
were  customarily  permitted  by  the  em- 
ployer to  stand  near  the  fires  or  other 
sources  of  heat  in  its  plant  to  warm  them- 
selves, an  injury  sustained  by  an  employee 
by  warming  his  foot  over  molten  metal,  it 
was  held  that  the  act  was  not  inherently 
foolhardy  or  dangerous  or  done  in  disre- 
gard of  common  prudence  or  in  deliberate 
violation  of  any  safety  rule  and  therefore 
did  not  constitute  serious  and  wilful  mis- 
conduct,   and    that    the    injury    was    compen- 


li 


1621 


MASTER  AXD   SERVANT. 


Act  2781 


sable. — Kusulas  v.   Great  Western,   etc.,  Co., 
6  I.   A.   C.  Dec.   187. 

353a.  Injury  to  hand  by  putting  It  Into 
pipe  to  Warm  it. — An  employee  who  suf- 
fered an  injury  to  his  hand  by  putting  it 
into  a  pipe  containing-  a  revolving  fan,  for 
the  purpose  of  warming  it,  without  knowl- 
edge that  the  fan  was  there,  was  not  guilty 
of  wilful  misconduct  and  his  action  was 
reasonably  incidental  to  the  employment 
and  so  connected  with  the  conditions  there- 
of that  the  injury  was  held  to  have  been 
suffered  arose  out  of  the  employment  and 
was  proximately  caused  thereby. — Mercado 
v.  Joannes  Brothers  Co.,  6  I.  A.  C.  Dec.  259. 

354.  Weigher  oA  coal  barg-e — Epileptic 
seizure. — Where  a  weigher  on  a  coal  barge, 
on  his  way  to  lunch,  but  before  leaving  the 
dock  where  the  barge  was  moored,  was 
seen  to  lean  against  a  boxcar  standing  on 
a  track  there,  and  to  fall  upon  the  track 
when  the  train  was  moved,  and  received 
injuries  from  which  he  died,  it  appeared 
that  he  was  subject  to  epilepsy,  and  the 
question  was  whether  the  injury  was  proxi- 
mately caused  by  an  epileptic  seizure,  or 
by  the  employment.  It  was  held  that  the 
evidence  was  insufficient  to  establish  that 
the  injury  was  proximately  caused  by  an 
epileptic  seizure,  or  that  it  was  other  than 
accidental,  and  that  it  was  incidental  to 
the  conditions  of  the  place  of  employment, 
and  was  compensable. — Battles  v.  King  Coal 
Co.,  6  I.  A.  C.  Dec.  202. 

355.  Employee  undergoing  hospital  treat- 
ment for  injury — Death  from  influenza. — 
The  death  of  an  employee  from  influenza 
contracted  during  hospital  treatment  for  an 
injury  was  held  not  to  be  compensable. — 
Perez  v.  Southern  Pacific  Co.,  6  I.  A.  C. 
Dec.   190. 

356.  "Skylarking"  ^vith  felloiv  employee. 
— A  fall  down  a  flight  of  stairs  occasioned 
by  a  playful  act  of  a  fellow  employee,  in 
thrusting  a  newspaper  in  his  ribs  to  tickle 
him,  is  not  an  accident  arising  out  of  the 
employment,  although  it  occurred  in  the 
course  of  the  employment. — Coronado  Beach 
Co.  v.  Pillsbury,  172  Cal.  682,  684,  L.  R.  A. 
1916F,  1164,  158  Pac.   212. 

357.  It  Is  immaterial  that  the  playful 
act  of  a  fellow  employee,  was  momentary 
and  void  of  malice,  and  not  in  excess  of  the 
usual  practice  among  servants. — Coronado 
Beach  Co.  v.  Pillsbury,  172  Cal.  682,  685, 
L.   R.   A.   1916P,   1164,    158   Pac.   212. 

<i5S.  An  injury  to  an  employee  in  a  toy 
establishment,  caused  by  a  trick  camera 
containing  a  spring  occasioned  by  the  play- 
ful act  of  a  fellow  employee  of  normal 
capacity  and  intelligence  in  pointing  the 
camera  at  him  and  releasing  the  spring,  is 
not  one  arising  out  of  and  in  the  course  of 
his  employment. — Fishering  v.  Pillsbury, 
172   Cal.    690,   158   Pac.   215. 

359.  "Skylarking." — An  injury  which  was 
the  result  of  "skylarking,"  although  sus- 
tained while  engaged  in  the  duties  of  the 
employment,  was  held  not  to  have  ari.'ien 
out  of  the  employment. — Moore  v.  Lokard,  5 
I.   A.  C.  Dec.  185. 

360.  Clerk    —    Friendly     personal     inter- 


course.— Where  a  clerk,  in  greeting  a  fel- 
low employee  who  was  delivering  supplies, 
placed  his  hand  upon  the  latter's  shoulder 
by  way  of  a  passing  act  of  friendliness, 
without  intent  to  indulge  in  funmaking  or 
liorseplay.  and  his  hand  was  cut  by  a 
butcher  knife  which,  without  the  clerk's 
knowledge  the  other  was  carrying  under  his 
arm,  it  was  held  that  the  injury  was  the 
result  of  an  act  not  in  excess  of  the  usual 
intercourse  customary  while  at  work,  and 
arose  out  of  the  employment. — Goldenson  v. 
Southern   Pacific  Co.,   4  I.  A.   C.  Dec.   65. 

361.  Oil  well  driller  —  Employee  killed 
on  -^vay  to  fvork. — Where  a  well  driller  was 
killed  by  a  freiglit  train  while  riding  his 
motorcycle  from  his  employer's  shop  to  his 
place  of  employment  and  he  was  under  no 
duty  to  report  to  the  shop  before  going  to 
work,  it  was  held  that  the  risk  of  being 
struck  by  such  train  was  not  a  special  ex- 
posure arising  out  of  the  employment  but 
was  a  risk  of  the  commonalty. — Brown  v. 
Borden,  4  I.  A.  C.  Dec.  5. 

362.  AVhere  a  well  driller  stopped  as 
usual  at  his  employer's  shop  early  in  the 
morning  and  obtained  some  oil  for  his 
motorcycle,  and  also  obtained  a  chain,  and 
on  his  way  to  the  place  of  employment 
nine  miles  distant  was  killed  by  a  freight 
train;  and  the  evidence  showed  that  the 
chain  had  previously  been  used  in  the  well 
drilling,  though  the  decedent's  purpose  in 
taking  it  did  not  appear;  that  the  deceased 
and  his  fellow  employees  frequently  took 
tools  on  their  motorcycles  for  use  in  their 
work  and  that  they  were  required  to  report 
at  tlie  shop  at  night  and  frequently  did  re- 
port in  the  morning,  though  not  under  any 
duty  to  do  so,  and  that  they  had  no  definite 
liours  of  labor  but  had  to  work  nine  hours 
a  day,  the  work  commencing  at  the  well,  it 
was  held  that  while  going  from  the  shop 
to  the  well,  deceased  was  not  performing  a 
service  arising  out  of  the  employment. — 
Brown   v.   Borden,   4   I.   A.   C.   Dec.    5. 

363.  Oil  derrick  carpenter — Added  risk — 
Employee  boarding  slo^vly  moving  truck 
on  ^vhich  he  T»as  entitled  to  ride  from 
work. — Where  an  oil  derrick  carpenter  was 
permitted  by  the  terms  of  his  employment 
to  ride  from  work  to  camp  on  his  em- 
ployer's truck,  and  while  boarding  a  slowly 
moving  truck  for  that  purpose,  was  jostled 
by  another  employee  who  was  boarding  said 
truck,  fell  and  was  injured,  it  was  held  tliat 
said  attempt  to  board  the  moving  truck 
did  not  involve  a  greater  risk  than  that 
inliering  in  the  character  of  the  service 
being  then  performed  by  him  and  that  the 
injury  therefore  arose  out  of  and  happened 
in  the  course  of  his  employment.- — Radish  v. 
Associated   Oil   Co.,    4   I.    A.    C.    Dec.    375. 

364.  Oil  well  driller — Fainting  from  ex- 
hau.stlon — Arising  out  of  employment. — 
Where  an  oil  well  driller  had  been  doing 
exliausting  work  for  a  considerable  period 
with  little  rest,  by  reason  of  which  he 
fainted  and  fell  from  a  stool  on  which  he 
was  sitting  and  was  injured,  it  was  held 
that  the  injury  arose  out  of  and  was  proxi- 


Act  2781 


GRNCRAI.   I.AAVS. 


1022 


mately  caused  by  the  employment. — Bellis 
V.  Doan,   4   I.   A.   C.  Dec.  340. 

365.  A  nuporvinlnK  mechanical  eiiBl"ecr 
of  a  comeffry,  wlio  was  injured  while  go- 
ing from  his  place  of  residence  which  was 
also  liis  employer's  business  office,  and  to 
the  cemetery  for  the  performance  of  duties 
there,  was  held  to  have  been  specially  ex- 
posed by  reason  of  his  employment  to  the 
risk  of  such  street  injury,  and  that  the  in- 
jury arose  out  of  such  employment. — Tally 
V.  Roman  Catholic  Archbishop  of  San  Fran- 
cisco, 5  I.  A.  C.  Dec.   96. 

36«.  Injury  after  work  while  on  way 
home — RiNk  of  commonalty. — Where  an  em- 
ployee was  injured  after  work  and  while 
going  from  his  employer's  premises  to  his 
home  by  means  of  a  private  path  traversing 
private  property  of  a  third  party,  which 
was  the  only  means  of  access  to  the  em- 
ployer's premises,  it  was  held  that  the  risk 
of  such  injury  was  a  risk  of  the  common- 
alty and  that  the  injury  did  not  arise  out 
of  the  employment. — Mentz  v.  Pacific,  etc., 
Co.,  4  I.   A.  C.   Dec.    292. 

367.  Railroad  employee — Injured  on  way 
to  lunch  on  company's  cars. — Where  a  rail- 
road employee  rode  to  and  from  his  lunch 
each  day  on  his  employer's  cars  without  the 
payment  of  a  fare  and  just  after  leaving  a 
car  on  his  way  to  lunch,  he  was  killed  by 
another  of  his  employer's  cars,  it  was  held 
that  said  death  did  not  arise  out  of  said 
employment. — Read  v.  United  Railroads  of 
San   Francisco,  4  I.  A.   C.   Dec.   251. 

36.S.  Injury  on  employer's  preniises, 
tvliile  Kaiuinis;  admis.sion  to  place  of  em- 
ployment.— Tlie  injury  of  an  employee  sus- 
tained on  his  employer's  premises  while 
gaining  admission  to  such  premises  pur- 
suant to  his  employer's  expressed  direction, 
was  held  to  have  been  an  injury  arising 
out  of  and  in  course  of  the  employment  and 
to  have  occurred  while  the  employee  was 
performing  services  incidental  to  his  em- 
ployer and  was  therefore  compensable. — 
Millar  v.  Moore  &  Scott  Iron  Works,  5 
I.   A.   C.  Dec.   98. 

.109.  Dond  officer  of  bank — Injured  on  re- 
turn from  pleasure  trip  Incidental  to  busi- 
ness trip. — Where  a  bond  officer  of  a  bank, 
made  a  pleasure  trip  Incidental  to  a  busi- 
ness trip,  in  the  course  of  which  he  de- 
rided to  return  to  San  Francisco  and  resume 
his  duties,  and  was  injured  while  on  the 
way  to  San  Francisco,  it  was  held  that  the 
pleasure  trip  and  the  business  trip  were 
separable,  and  since  the  injury  occurred  on 
the  way  to  San  Francisco  to  resume  his 
duties,  it  arose  out  of  and  in  the  course  of 
employment. — Rogers  v.  Capital,  etc..  Bank, 
4   I.   A.   C.   Dec.   133. 

370.  I'^mployee  injured  on  way  from 
■»vork. — Where  an  employee  was  injured 
on  his  way  from  work,  his  transportation 
^eing  paid  for  but  not  furnished  by  the 
employer  as  a  part  of  the  contract  of  hire, 
and  it  was  held  that  the  injury  did  not 
arise  out  of  and  was  not  proximately  caused 
by  the  employment. — Richardson  v.  Los  An- 
geles, 6  I.  A.  C.  Dec.  71. 

371.  Employee  killed  ^vhile  crossing:  rail- 


ro.id  track  on  way  from  work. — Injury  of 
employee  by  being  struck  by  a  motor  truck 
while  going  from  work  across  a  third 
party's  property,  that  route  being  required 
by  his  employer,  held,  notwithstanding  such 
requirement,  to  have  been  proximately 
caused  by  a  risk  of  the  commonalty,  and 
not  to  have  arisen  out  of  or  been  proxi- 
mately caused  by  the  employment. — Gomez 
V.  Aetna,  etc.,  Co.,   6  I.  A.  C.  Dec.  54. 

372.  Employer  on  way  from  employment 
asrency  to  place  of  ^vork. — An  award  was 
unauthorized  for  the  death  of  a  person  not 
employed,  who  was  killed  while  on  his  way 
from  an  employment  agency  to  the  place 
of  his  prospective  employment,  the  foreman 
at  the  latter  place  having  the  sole  power 
to  engage  laborers,  and  the  employment 
agency  having  no  authority  other  than  to 
find  and  send  laborers,  notwithstanding 
such  agency  paid  their  transportation. — 
California  Highway  Commission,  etc.,  v.  In- 
dustrial Accident  Commission,  40  Cal.  App. 
465,   181  Pac.   112,   6  I.  A.  C.   Dec.   54. 

373.  Employee  injured  out  of  oflice  on 
his  return  out  of  office  hours. — When  an  em- 
ployee left  the  place  of  his  employment 
during  the  regular  hours  of  employment, 
and  was  injured  on  his  return  after  such 
hours  to  perform  unfinished  duties,  which 
were  ordinarily  performed  during  such 
hours,  although  he  was  subject  to  emer- 
gency calls,  such  injury  was  not  received 
when  "performing  service  growing  out  of 
and  incident  to  his  employment  and  acting 
within  the  course  of  his  employment"  with- 
in the  meaning  of  the  act,  and  was  not 
entitled  to  compensation  under  the  act. — 
Fidelity,  etc.,  Co.  v.  Industrial  Accident 
Commission,    (-Cal.)    193    Pac.    166. 

374.  Truck  driver — ivilled  in  automobile 
accident. — Where  a  truck  driver  ate  his 
lunch  upon  his  employer's  premises  and 
during  the  noon  hour  was  told  by  his  em- 
ployer to  start  to  perform  a  duty  of  his 
employment  and  while  crossing  the  street 
to  his  truck  he  was  killed  by  another  auto- 
mobile, it  was  held  that  he  was  obeying 
the  express  order  to  start  at  that  time,  and 
the  injury  arose  out  of  and  happened  in  the 
course  of  his  employment. — Fickett  v.  Bur- 
ton,  etc.,  Co.,  4  I.  A.  C.  Dec.   306. 

375.  Driver  of  delivery  wagon — Deviation 
from  direct  route. — -An  injury  suffered  by 
a  driver  of  a  delivery  wagon  while  deviat- 
ing from  route,  with  employer's  consent,  on 
special  errand,  is  held  compensable. — 
Lauglals  v.  Fillmore  Free  Market,  6  I.  A.  C. 
Dec.   73. 

376.  Locomotive  eni^lneer  .^  Sarcoma. — 
Death  from  sarcoma  incited  by  trauma  held 
to  have  been  proximately  caused  by  and  to 
have  arisen  out  of  the  employment  of  a 
locomotive  engineer. — Carroll  v.  State  Com- 
pensation Insurance  Fund,  6  I.  A_  C.  Dec. 
191. 

377.  Truck  driver  for  mining:  company. — 
The  act  of  a  truck  driver  for  a  copper  min- 
ing company  in  using  a  circular  saw  to  cut 
side  boards  for  the  truck  in  his  charge,  for 
the  purpose  of  increasing  its  carrying  ca- 
pacity, was  held  to  be  a  reasonable  incident 


f 
I 


1623 


MASTER  AXD   SERVANT. 


Act  27S1 


of  the  employment  and  an  act  which  he 
could  properly  undertake  without  specific 
orders. — Jordan  v.  Calaveras  Copper  Co.,  6 
I.  A.  C.  Dec.  193. 

378.  Automobile  driver — Injured  in  anto- 
mobile  aceidcnt. — An  injurj'  sustained  by  an 
automobile  driver  employed  to  take  pas- 
sengers to  a  dance  and  back  home  again  at 
the  close  of  the  dance,  during  the  dance, 
while  backing  the  automobile  for  the  ac- 
commodation of  certain  of  his  passengers,  is 
held  to  have  arisen  out  of  his  employment 
and  while  he  was  performing  service  grow- 
ing out  of  and  incidental  thereto. — Kochio- 
pulos  V.  Aronson,  6  I.  A.  C.  Dec.   40. 

379.  Driver  of  automobile  truclc — Killed 
by  passing  automobile. — Under  the  act,  the 
death  of  the  driver  of  an  automobile  truck 
for  a  transfer  company  happened  in  the 
course  of  and  arose  out  of  his  employment, 
where  it  was  shown  that  the  deceased  left 
his  loaded  truck  at  the  noon  hour  on  the 
opposite  side  of  the  street  from  his  em- 
ployer's office,  and  then  proceeded  to  the 
office,  where  he  remained  about  forty-five 
minutes,  and  was  killed  by  a  passing  auto- 
mobile while  attempting  to  recross  the 
street  to  his  truck. — Burton,  etc.,  Co.  v.  In- 
dustrial Accident  Commission,  37  Cal.  App. 
657,  174  Pac.  72,  5  I.  A.  C.  Dec.  157  (Pickett 
v.  Burton,  etc.,  Co.,  4  I.  A.  C.  Dec.  306). 

380.  Automobile  delivery  driver — Special 
exposure  to  danger  of  such  injury. — The 
employment  of  an  automobile  delivery 
driver  which  caused  him  to  travel  continu- 
ously in  the  course  of  his  employment, 
specially  exposes  him  to  the  danger  of 
street  and  road  accidents,  and  an  injury 
in  such  accident  therefore  arises  out  of  the 
employment. — Employers'  Liability,  etc.. 
Corporation  v.  Elmore,  4  I.  A.  C.  Dec.  359. 

381.  Traveling  salesman — Kntertainnient 
of  customers. — Where  a  traveling  salesman 
was  authorized  to  entertain  customers  at 
his  employer's  expense,  it  was  held  that 
such  entertainment  was  not  a  duty  or  serv- 
ice arising  out  of  his  employment  in  the 
sense  that  an  injury  incurred  thereby  is 
compensable.  —  Hamnett  v.  Pennsylvania 
Rubber  Co.,  4  I.  A.  C.  Dec.   50. 

382.  Traveling  salesman — Injury  on  va- 
cation.— A  traveling  salesman,  injured  while 
on  vacation,  held  under  the  circumstances 
of  this  case,  to  have  been  on  a  special  er- 
rand for  the  benefit  of  his  employer,  and 
that  the  injury  arose  out  of  and  was  proxi- 
mately caused  by  the  employment,  and  was 
compensable. — Skidmore  v.  Golden  State, 
etc.,   Co.,   6  I.   A.  .C.  Dec.   183. 

383.  Traveling  salesman  —  Poison  oak 
poisoning. — Where  a  salesman  rode  over  a 
country  road  with  his  wife  in  the  course 
of  his  employment  and  his  wife  plucked 
some  flowers  at  the  side  of  the  road  near 
some  poison  oak  shrubbery  and  he  con- 
tracted poison  oak  but  did  not  touch  any 
object  from  which  he  could  contract  said 
ailment,  it  was  held  that  there  was  no 
special  exposure  by  reason  of  the  employ- 
ment to  the  risk  of  contracting  poison  oak 
and  that  therefore  the  ailment  did  not  arise 


out    of    the    employment. — Gates    v.    Ocean, 
etc.,  Co.,   4  I.  A.   C.  Dec.   368. 

384.  Traveling  salesman — Assault  by  rob- 
ber on  country  road. — Where  a  traveling 
salesman  was  recjuired  by  his  employment 
to  travel  by  automobile  on  county  roads 
and  he  carried  small  amounts  of  money 
which  he  collected  from  his  employer's  cus- 
tomers, and  he  was  assaulted  and  killed  by 
a  stranger  who  had  requested  a  ride  and 
who  robbed  him  of  the  money  and  valu- 
ables which  he  carried,  and  it  did  not  ap- 
pear that  the  region  through  which  the  de- 
ceased was  traveling  was  especially  subject 
to  robberies  or  that  the  deceased  carried  or 
was  reputed  to  carry  such  amounts  of 
money  or  valuables  as  specially  to  subject 
him  to  the  risk  of  assault,  it  was  held  that 
deceased  was  not  specially  exposed  by  rea- 
son of  his  employment  to  the  risk  of  as- 
sault by  robbers  and  that  therefore  the 
death  did  not  arise  out  of  the  employment. 
— Cullom  V.  Co-operative,  etc.,  Co.,  4  I.  A.  C. 
Dec.  365. 

385.  Nurse — Death  from  influenza — l^ot 
specially  exposed  by  reason  of  employment. 
— The  death  of  a  nurse,  not  specially  ex- 
posed, from  influenza,  during  an  epidemic, 
held  not  compensable. — Frisbee  v.  State 
Compensation  Insurance  Fund,  6  I.  A.  C. 
Dec.  77. 

386.  Hospital  interne — Influenza. — Influ- 
enza contracted  by  a  hospital  interne  at- 
tending influenza  patients  exclusively,  held 
to  have  arisen  out  of  the  employment. — 
Schwartz  v.  County  of  Fresno,  6  I.  A.  C. 
Dec.  132. 

See,  also,  Slattery  v.  San  Francisco,  6 
I.  A.  C.  Dec.  140,  w^hich  was  the  case  of  a 
hospital  steward  who  attended  influenza 
patients  in  a  closed  ambulance,  helped  to 
undress  and  put  them  to  bed  and  contracted 
the  disease  after  five  days  of  service,  and 
died  from  the  effects  of  the  same,  and  a 
similar  conclusion  was  reached,  and  com- 
pensation awarded. 

3S7.  Hospital  ste'^vard's  special  exposure 
to  highly  infectious  disease. — Where  a  dis- 
ease is  contracted  because  of  its  highly  in- 
fectious character  and  an  employee's  special 
exposure  to  it,  by  reason  of  his  employ- 
ment, it  constitutes  an  injury  within  the 
meaning  of  the  act. — Slattery  v.  San  Fran- 
cisco,   6  I.  A.   C.   Dec.   140. 

388.  Policeman  —  Influenza  —  Special  ex- 
posure.— A  policeman,  whose  duties  required 
him  to  be  in  close  contact  with  influenza 
patients  was  held  to  be  more  specially  ex- 
posed to  the  danger  of  contracting  the 
disease  than  the  commonalty,  and  his  death 
from  the  disease  therefore  arose  out  of  and 
way  proximately  caused  by  his  employment. 
— Holcomb  V.  State  Compensation  Insur- 
ance Fund,   6  I.  A.  C.  Dec.  144. 

389.  Ranch  foreman — Accidentally  shot. 
— Where  a  ranch  foreman,  while  perform- 
ing the  duties  of  the  employment  was  acci- 
dentally shot  by  a  gun  in  the  possession  of 
a  fellow  employee  who  intended  to  use 
same  outside  of  work  hours  for  purposes 
unconnected  with  said  employment,  it  was 
held   that  the   injury    arose   out   of  and   was 


Act  2781 


GENKRAL.   LAWS. 


1624 


proximately  caused  by  said  employment. — 
Estes  V.  Channon  &  Estes,  4  I.  A.  C.  Dec. 
130. 

390.  Same — Injury  from  accidental  dis- 
ohnr^e  of  eun. — "Where  an  employer  sup- 
plied a  gun  to  his  ranch  employees  with 
which  to  kill  ranch  pests,  and  an  employee 
was  injured  at  work  by  reason  of  the  acci- 
dental discharge  of  the  gun  while  it  was 
being  cleaned  by  another  employee  at  the 
foreman's  direction,  it  was  held  that  the 
injury  was  a  natural  incident  of  the  work 
and  a  normal  result  of  the  exposure  occa- 
sioned thereby  and  that  the  injury  there- 
fore arose  out  of  and  was  proximately 
caused  by  the  employment. — Padrino  v. 
Shedd,  4  I.  A.  C.  Dec.   350. 

391.  An  injury  received  by  an  employee 
from  the  accidental  discharge  of  a  gun,  due 
to  the  jolting  of  the  wagon  in  which  such 
person  was  proceeding  to  his  place  of  em- 
ployment, is  not  an  injury  arising  out  of 
and  in  the  course  of  his  employment  where 
the  gun  was  taken  along  for  the  pleasure 
of  a  fellow  employee  as  part  of  his  be- 
longings being  conveyed  to  said  place  and 
had  no  connection  with  or  bearing  upon  any 
part  of  his  work  notwithstanding  the  em- 
ployer knew  that  he  was  taking  the  gun 
and  made  no  protest  thereto. — Ward  v.  In- 
dustrial Accident  Commission,  175  Cal.  42, 
L.  R.  A.  1918A,  233,  164  Pac.  1123,  4  I.  A.  C. 
Dec.  117  (Ward  v.  Ward,  3  I.  A.  C.  Dec.  220). 

392.  Millwriprlit — Traveling  employment. 
— An  injury  sustained  by  a  millwright  while 
journeying  in  an  automobile  belonging  to 
his  son  to  a  place  where  he  had  been  di- 
rected to  go  by  his  employer  to  install  ma- 
chinery, is  an  injury  arising  out  of  the  em- 
ployment, where  it  is  shown  that  his  em- 
ployment was  in  the  nature  of  a  traveling 
employment. — London,  etc.,  Co.  v.  Industrial 
Accident  Commission,  35  Cal.  App.  681,  170 
Pac.  1074,  4  I.  A.  C.  Dec.  386  (Summers  v. 
California  Iron  Works,  4  I.  A.  C.  Dec.   275). 

393.  Mill  employee  —  Returning  across 
railroad  track  from  lunch. — Where  em- 
ployees of  a  milling  company  customarily, 
with  the  employer's  knowledge,  spent  their 
lunch  time  on  premises  near  the  mill  con- 
trolled though  not  owned  by  the  employer, 
and  were  accustomed  to  cross  a  railroad 
track  on  their  return  to  work,  an  employee 
injured  while  so  crossing  the  track  was 
held  to  have  been  performing  service  in  the 
course  of  his  employment  at  the  time  of  his 
injury,  and  that  the  injury  arose  out  of  the 
employment. — Jamison  v.  Sperry  Flour  Com- 
pany,  6  I.  A.  C.  Dec.   132. 

394.  Mill  employee  —  Actinomyco.sis.  — 
Actinomycosis,  contracted  by  a  mill  em- 
ployee while  grinding  and  sacking  wheat 
and  barley  for  feed,  and  filling  sacks  with 
pulverized  grain  from  the  spout  of  a  grind- 
ing mill,  is,  under  the  circumstances  of  this 
case,  an  injury  arising  out  of  and  in  the 
course  of  his  employment  under  the  act  of 
1913. — Hartford,  etc.,  Co.  v.  Industrial  Ac- 
cident Commission,  32  Cal.  App.  481,  163  Pac. 
225. 

39,5.  Piano  salesman— Ellevator  accident 
on    Sunday. — An    employee    of   a   piano   com- 


pany, who  was  hurt  by  falling  into  the  ele- 
vator shaft  in  the  building  where  the  com- 
pany occupied  rented  floor  space,  while 
attempting  to  use  the  elevator  on  his  way 
to  work,  the  elevator  being  under  the  sole 
control  of  the  owner  of  the  building,  and 
maintained  and  operated  for  common  use 
of  all  the  tenants  in  tlie  building  has  sus- 
tained an  accident  arising  out  of  the  course 
of  his  employment. — Starr  Piano  Co.  v.  In- 
dustrial Accident  Commission,  58  Cal.  Dec. 
379,  184  Pac.  860,  6  I.  A.  C.  Dec.  174  (Stein- 
kamp  V.  Starr  Piano  Co.,  57  Cal.  Dec.  212,  5 
I.  A.  C.  Dec.  81,   6  I.  A.  C.  Dec.  39). 

396.  The  fact  that  an  employee  entered 
the  building  where  his  employer  occupied 
rented  floor  space,  on  Sunday,  by  means  of 
a  key  surreptitiously  obtained,  and  was  in- 
jured while  attempting  to  operate  the  ele- 
vator, in  the  absence  of  the  operator,  does 
not  affect  his  right  to  compensation,  under 
the  circumstances  of  the  present  case. — 
Starr  Piano  Co.  v.  Industrial  Accident  Com- 
mission, 58  Cal.  Dec.  379,  184  Pac.  860,  6 
I.  A.  C.  Dec.  174  (Steinkamp  v.  Starr  Piano 
Co.,  57  Cal.  Dec.  212,  5  I.  A.  C.  Dec.  81,  6 
I.  A.  C.  Dec.  39). 

397.  An  employee  of  a  piano  company, 
in  charge  of  the  company's  exhibit  on  the 
fourth  floor  of  the  building,  injured  by  fall- 
ing in  the  passenger  elevator  shaft,  into 
the  open  door  of  which  he  had  entered  for 
the  purpose  of  operating  the  elevator  to 
take  himself  and  his  companions  to  the 
floor  on  which  was  the  exhibit,  on  Sunday, 
in  the  absence  of  the  elevator  operator, 
there  being  a  safe  means  of  reaching  the 
floor  by  stairway,  and  he  having  entered  the 
building  with  a  passkey  without  the  con- 
sent of  his  employer,  is  not  entitled  to  com- 
pensation under  the  act. — Starr  Piano  Co. 
V.  Industrial  Accident  Commission,  57  Cal. 
Dec.   212,   184  Pac.  860,  6  I.  A.  C.  Dec.   39. 

39S.  Typist — Elevator  accident. — ^The  act 
of  a  typist  employed  on  the  fourth  floor  of 
a  building  in  going  to  the  only  restroom  for 
women  in  the  building  on  the  ninth  floor 
was  an  act  reasonably  incident  to  her  em- 
ployment, and  was  a  proper  use  of  the  fa- 
cilities provided  for  the  employees  of  the 
tenants  of  the  building,  and  the  place  of  the 
injury  on  the  ninth  floor  was  constructively 
a  part  of  the  employer's  premises,  and  the 
injury  was  compensable. — O'Connell  v. 
Blum's  Advertising  Agency,  6  I.  A.  C.  Dec. 
225. 

399.  Clerk  and  bookkeeper^Antomobiie 
accident  ^vhile  mailing  letters  for  employer. 
— An  injury  sustained  by  a  clerk  and  book- 
keeper from  being  run  dowji  by  an  automo- 
bile while  crossing  a  public  street  to  mail 
letters  for  his  employer  is  an  injury  arising 
out  of  his  employment. — Globe,  etc.,  Co.  v. 
Industrial  Accident  Commission,  36  Cal.  App. 
280,   171  Pac.   1088,   5  I.  A.  C.  Dec.  36. 

400.  Bookkeeper — Injury  from  crank!  iig 
automobile. — Where  a  bookkeeper  was  em- 
ployed to  work  during  the  day  only  but  on 
account  of  extra  work  was  required  to  worlc 
with  the  manager  at  night  with  the  under- 
standing that  he  would  be  taken  home  from 
such    night    work    in    the    employer's    auto- 


ic: 


MASTER  AXD   SERVANT. 


Act  2781 


mobile  and  he  was  injured  while  cranking 
the  automobile  to  go  home  from  such  work, 
it  was  held  that  said  injury  arose  out  of 
and  happened  in  the  course  of  the  employ- 
ment.— Schentz  v.  Los  Angeles,  etc.,  Co.,  4 
I.   A.    C.   Dec.    384. 

401.  Employee  voluntarily  reuiaining  at 
«ork  after  office  hours  to  help  fellow  em- 
ployee.— An  applicant  for  compensation  who 
was  injured  while  remaining  on  employer's 
premises  after  work  and  as  voluntarily  as- 
sisting a  fellow  employee,  held  not  entitled 
to  compensation,  because  performing  service 
outside  his  duties. — Speth  v.  Firestone,  etc., 
Co.,   6  I.  A.   C.  Dec.   201. 

402.  Lig-htinir  cigrarette  by  employee  set- 
tins'  fire  to  oil-soaked  bandage. — An  injury 
sustained  by  an  employee  from  the  burning 
of  a  bandaged  hand  caused  by  the  ignition 
of  the  bandage  from  a  match  which  he  had 
struck  for  the  purpose  of  lighting  a  ciga- 
rette is  an  injury  arising  out  of  his  em- 
ployment.— Whiting,  etc.,  Co.  v.  Industrial 
Accident  Commission,  178  Cal.  505,  5  A.  L.  R. 
1518,  173  Pac.  1105,  5  I.  A.  C.  Dec.  152 
(Duarte  v.  Whiting,  etc.,  Co.,  4  I.  A.  C.  Dec. 
182,  S.  C.  5  I.  A.  C.   Dec.    4,   38). 

403.  Same — Personal  acts  ■which  an  em- 
ployee may  do. — Under  the  act  such  acts  as 
are  necessary  to  the  life,  comfort  and  con- 
venience of  the  servant  while  at  work, 
though  strictly  personal  to  himself,  and  not 
acts  of  service,  are  incidental  to  the  service, 
and  injury  sustained  in  the  performance 
thereof  is  deemed  to  have  arisen  out  of  the 
employment. — Whiting,  etc.,  Co.  v.  Indus- 
trial Accident  Commission,  178  Cal.  505,  5 
A.  L.  R.  1518,  173  Pac.  1105,  5  I.  A.  C.  Dec. 
152  (Duarte  v.  Whiting,  etc.,  Co.,  4  I.  A.  C. 
Dec.   182,  S.  C,   5  I.  A.  C.  Dec.   4,   38). 

404.  Janitor  in  public  school. — Where  a 
janitor  of  a  public  school  was  required  to 
act  as  caretaker  of  the  school  premises  dur- 
ing the  summer  vacation  when  he  had  few 
strictly  janitorial  services  to  perform,  and 
he  was  specifically  instructed  not  to  allow 
any  one  to  go  through  the  building  alone, 
and  he  was  injured  while  showing  through 
the  building  an  insurance  inspector  who  de- 
sired data  on  insurance  rates  in  that  vicin- 
ity, it  was  held  that  the  act  was  reasonably 
incidental  to  his  duties  in  general  and  that 
therefore  the  injury  arose  out  of  and  hap- 
pened in  the  course  of  his  employment. — 
Brown  V.  Conley  School  District,  4  I.  A.  C. 
Dec.    353. 

405.  School  teacher — Moving  heavy  seats 
to  get  needed  book  from  bookcase. — An  in- 
jury sustained  by  a  public  school  teacher  in 
moving  a  section  of  desks  and  seats  in  order 
to  get  to  a  bookcase  and  obtain  a  book 
therefrom,  which  she  required  in  the  course 
of  her  duties,  was  held  to  be  an  injury  aris- 
ing out  of  and  sustained  in  the  course  of 
her  employment. — Elk  Grove,  etc..  District 
V.  Industrial  Accident  Commission,  34  Cal. 
App.  589,  1G8  Pac.  392,  4  I.  A.  C.  Dec.  284 
(Hoag  V.  Elk  Grove,  etc..  District,  4  I.  A.  C. 
Dec.   70). 

40(t.  Moving  picture  actor— Automobile 
accident. — An  injury  sustained  by  an  actor 
emplcyed     by     a    moving    picture    company 


while  standing  in  a  public  street,  engaged 
in  social  converse,  from  being  struck  by  an 
automobile,  is  not  an  injury  arising  out  of 
his  employment,  notwithstanding  the  cor- 
ners of  the  intersecting  street  were  occupied 
by  the  company  as  parts  of  its  plant. — Bal- 
boa, etc.,  Co.  V.  Industrial  Accident  Com- 
mission, 35  Cal.  App.  793,  171  Pac.  108,  5 
I.  A.  C.  Dec.  6  (Stanley  v.  Balboa,  etc.,  Co., 
4   I.  A.   C.   Dec.   162). 

407.  An  injury  received  by  a  moving  pic- 
ture actor,  while  standing  in  a  street,  en- 
gaged in  a  social  conversation  with  other 
employees  of  the  same  company,  by  being 
run  over  by  an  automobile  driven  by  an 
ofRcer  of  the  same  company,  was  not  an  in- 
jury arising  out  of  his  employment,  al- 
though the  company's  plant  occupied  the 
four  corners  of  the  street  crossing  and  he 
was  at  the  time  waiting  to  be  called  for 
service. — Balboa,  etc.,  Co.  v.  Industrial  Ac- 
cident Commission,  35  Cal.  App.  793,  171 
Pac.   108. 

40S.  Same  —  Same  —  Prerequisites  to 
award. — To  entitle  an  employee  to  compen- 
sation under  the  act  it  must  appear  that 
the  injury  is  traceable  to  the  nature  of  the 
employee's  work  or  to  the  risks  to  which 
the  employer's  business  exposes  the  em- 
ployee, and  that  there  is  a  causal  connec- 
tion between  the  conditions  under  which 
the  employee  works  and  the  resulting  in- 
jury; but  it  need  not  appear  that  the  injury 
was  foreseen  or  expected,  but  that  after  the 
event  it  must  appear  that  it  had  its  origin 
in  a  risk  connected  with  the  employment 
and  to  have  followed  that  employment  as  a 
rational  consequence. — Balboa,  etc.,  Co.  v. 
Industrial  Accident  Commission,  35  Cal.  App. 
793,  171  Pac.   108. 

409.  AVatchman — Killed  at  post  of  duty. 
— The  evidence  in  this  case  held  sufficient 
to  establish  that  the  employee,  a  watchman, 
was  assaulted  while  protecting  his  employ- 
er's property  and  that  his  death  arose  out 
of  and  was  approximately  caused  by  the 
employment. — Drager  v.  Rosenberg,  etc., 
Co.,  6  I.  A.  C.  Dec.  135. 

410.  Death  with  no  witnesses  present — 
Presumption. — Where  an  employee  sustains 
a  violent  death  while  at  work,  with  no 
witnesses  present,  and  the  circumstances  are 
consistent  with  death  caused  in  the  course 
of  and  arising  out  of  the  employment,  it 
will  be  presumed  that  such  was  the  fact. — ■ 
Drager  v.  Rosenberg,  etc.,  Co.,  6  I.  A.  C. 
Dec.   135. 

411.  Night  'watchman — Performing  serv- 
ice for  fellow  employee. — A  corporation  en- 
gaged in  the  construction  of  a  railroad  is 
not  liable  under  the  act  for  the  death  of  a 
night  watchman  of  a  locomotive  engine, 
whose  duties  were  to  stay  on  the  engine 
nights  and  have  it  in  readiness  for  the  day's 
work,  where  such  death  occurred  while  he 
was  temporarily  in  charge  of  a  steam 
shovel,  also  operated  in  connection  with  the 
work,  pursuant  to  a  request  of  the  person 
having  the  exclusive  care  and  control  of 
the  shovel,  which  was  without  the  knowl- 
edge or  consent  of  his  employer. — Robert 
Sherer  &  Co.  v.  Industrial  Accident  Comniis- 


Act  2781 


GENERAL  LAWS. 


1G28 


slon,  175  Cal.  615,  166  Pac.  318,  4  I.  A.  C. 
Dec.  220  (Bowin  v.  Sherer,  4  I.  A.  C.  Dec. 
16). 

412.  NlRht  watchman — WllfuU.v  Invitlni? 
detrimental  occurrence. — An  award  made  to 
the  widow  of  a  night  watchnnan  and  janitor 
is  not  supported  by  sufficient  evidence, 
where  it  may  be  deduced  therefrom  that  the 
deceased  wilfully  stepped  aside  from  the 
performance  of  his  duties,  and  invited  by 
direct  action  on  his  part  the  occurrence  of 
the  detrimental  causes  which  produced  his 
death. — John  A.  Roebling's  Sons  Co.  v.  In- 
dustrial Accident  Commission,  36  Cal.  App. 
10,  171  Pac.  987,  5  I.  A.  C.  Dec.  11  (Bundshu 
V.  John  A.  Roebling's  Sons  Co.,  4  I.  A.  C. 
Dec.  215). 

4jrJ.  Unexplained  fall — PrcMumiition. — An 
injury  from  an  unexplained  fall,  not  shown 
to  be  due  to  an  attack  of  pre-existing  illness, 
and  not  causally  unconnected  with  the  em- 
ployment, occurring  while  performing  serv- 
ice in  the  employment,  held  to  have  arisen 
out  of  and  proximately  caused  by  the  em- 
ployment, and  proof  of  such  injury  so  oc- 
curring discharges  the  burden  of  proof  rest- 
ing upon  the  applicant. — Schwartz  v.  Hines, 
6  I.  A.  C.  Dec.  238. 

414.  Fireman — Performins  viork  accord- 
ing  to  eu.stom  out  of  the  usual  manner. — An 
award  for  the  death  of  a  fireman  employed 
In  a  rolling  mill  operated  by  a  railroad  com- 
pany, is  within  the  jurisdiction  of  the  com- 
mission, where  the  evidence  shows  that  at 
the  time  of  the  death  the  deceased  was  per- 
forming the  duty  of  his  employment  in  ac- 
cordance with  the  custom  of  the  workmen, 
known  to  the  foreman  in  charge,  although 
not  in  the  u.sual  manner  of  performance. — 
Southern  Pacific  Co.  v.  Industrial  Accident 
Commission,  177  Cal.  378,  170  Pac.  822,  5 
I.  A.  C.  Dec.  20  (Hunt  v.  Southern  Pacific 
Co.,  4  I.  A.  C.  Dec.  107). 

414n.  Bookkeeper  working  extra  hours 
at  niKht— Taken  home  In  employer's  auto- 
mobile.— Where  a  bookkeeper  was  employed 
to  work  during  the  day  only  but  on  account 
of  extra  work  was  required  to  work  with 
the  manager  at  night  with  the  understand- 
ing that  he  would  be  taken  home  from  such 
night  work  in  the  employer's  automobile, 
which  was  used  in  the  business,  and  he  was 
injured  while  cranking  the  automobile  to 
go  home  from  such  work,  it  was  held  that 
the  said  injury  arose  out  of  and  happened 
Jn  the  course  of  the  employment. — Schnetz 
V.  Los  Angeles,  etc.,  Co.,  4  I.  A.  C.  Dec.  384. 
414b.  Team.ster  handling  tnnbark — Poi- 
Moned  hands. — An  injury  sustained  by  a 
teamster  handling  rough  tanbark  which 
caused  his  hands  to  be  bruised  and  poisoned, 
there  being  no  time  at  which  an  accident 
occurred,  was  held  to  be  an  injury  arising 
in  the  course  of  the  employment  and  due 
to  the  occupation. — Seward  v.  Sunset,  etc., 
Co..  3  I.  A.  C.  Dec.  49. 

414c.  Night  watchman  on  enprine— Tem- 
porarily operating  steam  shovel. — A  cor- 
poration engaged  in  the  construction  of  a 
railroad  is  not  liable  under  the  act  for  the 
death  of  a  night  watchman  of  a  locomotive 
engine,    whose    duties    were    to    stay    on    the 


engine  nights  and  have  it  In  readiness  for 
the  day's  work,  where  such  death  occurred 
while  he  was  temporarily  in  charge  of  a 
steam  shovel,  also  operated  in  connection 
with  the  work,  pursuant  to  a  request  of  the 
person  having  the  exclusive  care  and  con- 
trol of  the  shovel,  which  was  without  the 
knowledge  or  consent  of  his  employer. — 
Sherer  v.  Industrial  Accident  Commission, 
54  Cal.  Dec.  64,  4  I.  A.  C.  Dec.  220  (Dunn 
V.  Steigh,   4   I.   A.  C.   Dec.   16). 

414d.  Not  arising  out  of  employment. — • 
The  injury  in  the  present  case  was  held 
not  to  have  arisen  out  of  the  employment. 
— Fishering  v.  Daly  Bros.,  2  I.  A.  C.  Dec. 
607  (see,  also,  3  I.  A.  C.  Dec.  215);  Vittorio 
V.  California  Pottery  Co.,  3  I.  A.  C.  Dec.  26. 

414e.  Employee  on  vacation. — An  em- 
ployee on  vacation  engaged  in  the  diver- 
sions of  horseback  riding,  deer  hunting, 
etc.,  is  not  entitled  to  compensation,  etc., 
and  injured  while  so  engaged,  is  not  en- 
titled to  compensation,  such  injury  not  be- 
ing reasonably  incident  to  his  employment 
or  traceable  to  the  nature  of  his  work. — 
Continental  Casualty  Company  v.  Indiana 
Accident  Commission  (Cal.),  190  Pac.  849 
(Skidmore  v.  Golden  State,  etc.,  Company, 
6   I.   A.   C.    Dec.    183). 

h.    Course  of  employment. 

415.  Reasonable  act  outside  express  duties 
—Employee  not  bound  to  fixed  and  un- 
changeable limits. — An  employee  is  not 
bound  to  operate  within  fixed  and  un- 
changeable limits  but  is  entitled  to  use  his 
own  judgment  in  the  discharge  of  his  duties 
to  his  employer,  and  a  reasonable  act  per- 
formed by  him  in  the  general  line  of  the 
duties  of  his  employment,  although  outside 
of  the  strict  limits  of  his  instructed  or 
usual  duties,  is  within  the  course  of  his 
employment. — Landis  v.  Prosser,  4  I.  A.  C. 
Dec.   204. 

41G.  Right  not  limited  to  injury  sus- 
tained ^vliile  actually  manipulating  the  tools 
of  his  calling. — The  right  to  compensation 
under  the  act  is  not  restricted  to  injuries 
occurring  while  an  employee  is  actually 
present  manipulating  the  tools  of  his  call- 
ing.— Judson,  etc.,  Co.  v.  Industrial  Accident 
Commission,  58  Cal.  Dec.  29,  184  Pac.  1,  6 
I.  A.  C.  Dec.  151  (Gallia  v.  Judson,  etc.,  Co., 
6  I.   A.   C.   Dec.   33). 

417.  Service  not  injury  In  coarse  of  the 
employment. — The  right  to  an  award  under 
the  act  is  not  founded  upon  the  fact  that 
the  injury  grows  out  of  and  is  incidental  to 
his  employment,  but  upon  the  fact  that  the 
service  he  was  rendering  at  the  time  of  the 
injury  grows  out  of  and  is  incidental  to  the 
employment. — Ocean,  etc.,  Co.  v.  Industrial 
Accident  Commission,  173  Cal.  313,  322, 
L.  R.  A.  1917B,  336,  159  Pac.  1041. 

418.  Injury  sustained  while  going  to  or 
returning  from  work. — An  employee  injurod 
While  going  to  or  returning  from  his  work, 
whether  his  journey  takes  him  over  private 
or  public  ■ways,  i.s  not  entitled  to  the  bene- 
fits of  the  act. — Ocean,  etc.,  Co.  v.  Industrial 
Accident  Commission.  173  Cal.  313,  322, 
L.  R.  A.  1917B,  336,  159   Pac.  1041. 


1G27 


MASTER  AXD   SERVANT. 


Act  2781 


419.  Exception  to  rule — Use  of  only  avail- 
able means  of  access. — Where  an  employee 
was  killed  about  twenty  feet  in  front  of 
his  employer's  premises,  while  going  there 
to  work,  the  death  was  compensable,  since 
deceased  was  approaching  the  only  available 
access  to  the  premises  and  the  only  way  of 
reaching  the  entrance,  and  this  means  of 
approach  had,  to  the  knowledge  of  the  em- 
ployer, been  used  for  years  by  his  em- 
ployees, although  he  owned  no  right  of 
way  there. — Gallia  v.  Judson  Manufacturing 
Co.,  6  I.  A.  C.  Dec.  33. 

42<».  Same — Special  exposure  to  risk. — 
The  circumstances  here  take  the  case  but 
of  the  rule  that  injuries  incurred  off  the 
employer's  premises,  while  going  to  or  re- 
turning from  work,  are  not  compensable 
and  show  a  special  exposure  to  risk,  and 
therefore  the  death  is  held  to  have  arisen 
out  of  and  to  have  been  proximately  caused 
by  the  employm,ent. — Gallia  v.  Judson  Manu- 
facturing Co.,   6  I.  A.  C.  Dec.   33. 

421.  Same — Special  exposure  of  particu- 
lar means  of  access. — Exception  to  rule  that 
injuries  incurred  off  employer's  premises 
while  going  to  or  returning  from  work  are 
not  compensable  is  where  the  particular 
means  of  access  specially  exposed  the  em- 
ployee to  great  risk  of  injury,  and  the  em- 
ployer fails  to  provide  other  means. — Gallia 
V.  Judson,   etc.,  Co.,  6  I.  A.  C.  Dec.  33. 

See,  also,  De  Constantin  v.  Public  Service 
Commission,  83  S.  E.  88;  Hills  v.  Blair,  148 
N.  W.  243;  In  re  Sundine,  105  N.  E.  433 
(Gomez  v.  Etna,  etc.,  Co.,  6  I.  A.  C.  Dec.  54). 

422.  Miner — Return  to  mine  after  tem- 
porary absence  on  private  business. — An 
injury  sustained  by  a  miner  while  return- 
ing to  the  mine  after  a  temporary  absence 
on  private  business  to  a  distant  city,  was 
held  not  to  be  an  injury  happening  in  the 
course  of  his  employment. — Boggess  v.  In- 
dustrial Accident  Commission,  54  Cal.  Dec. 
598,  4  I.  A.  C.  Dec.  343  (Fenner  v.  Boggess, 
4   I.   A.   C.   Dec.   40). 

423.  Injury  on  way  to  receive  pay  check, 
after  discharg-e. — An  employee  who  was  in- 
jured after  his  discharge  while  on  his  way 
to  receive  his  pay  draft,  was  held  to  have 
been  engaged  in  the  course  of  his  employ- 
ment.-^McFarland  v.  Madera,  etc.,  Co.,  5 
I.  A.  C.  Dec.   124. 

424.  Returning  after  quitting  employ- 
ment.— Where  a  woodsman  quit  his  employ- 
ment for  a  week-end  trip,  with  the  expec- 
tation of  being  re-employed  on  his  return, 
and  his  employer  advanced  to  him  the  rail- 
road fare,  to  be  deducted  from  his  wages 
thereafter  to  be  earned,  and  the  employee 
was  injured  while  returning  on  a  train  for 
further  employment,  it  was  held  that  said 
injury  did  not  happen  in  the  course  of  any 
employment  of  said  woodsman. — McKenzie 
V.  McCloud,  etc.,  Co.,  4  I.  A.  C.  Dec.  389. 

425.  Seaman — Reaching  and  departing 
from  ship. — A  seaman  or  other  employee  of 
a  vessel  is  entitled  to  the  benefits  of  the  act 
if  injured  while  using  the  instrumentality 
provided  either  in  reaching  or  departing 
from  his  ship,  and  in  case  no  instrumen- 
tality at  all  is  provided. — Ocean,  etc.,  Co.  v. 


Industrial  Accident  Commission,  173  Cal. 
.313,  322,  L.  R.  A.  1917B,  336,  159  Pac.  1041. 
42G.  Same — Seeking  to  board  vessel. — A 
seaman  or  employee  of  a  vessel  can  not  be 
said  to  be  seeking  to  board  his  vessel,  with- 
in the  meaning  of  the  rule  allowing  him 
compensation  in  such  a  case,  until  he  has 
come  into  such  proximity  as  to  be  using  or 
immediately  about  to  use  the  gangplank, 
ladder  or  other  instrumentality  "specifically 
connected  with  the  ship." — Ocean,  etc.,  Co.  v. 
Industrial  Accident  Commission,  173  Cal. 
313,   322,  L.  R.  A.   1917B,  336,   159  Pac.   1041. 

427.  Seaman— Adopting  perilous  means  of 
boarding  ship,  ^vlien  no  other  instrumental- 
ity is  provided. — In  the  case  of  a  seaman  or 
other  employee  an  injured  employee  will 
not  be  excluded  from  the  benefits  of  the 
act  if  he  adopts  some  perilous  means  of 
boarding  his  ship,  as  by  endeavoring  to 
leap  to  her  deck  from  the  pier,  where  no 
instrumentality  of  reaching  the  ship  is  pro- 
vided.— Ocean,  etc.,  Co.  v.  Industrial  Acci' 
dent  Commission,  173  Cal.  313,  322,  L..  R.  A. 
1917B,    336,   159    Pac.   1041. 

428.  Use  of  hazardous  means  of  exit  fromi 
employer's  premises  ivhen  safe  means  exist. 
— The  use  by  an  employee  of  a  hazardous 
means  of  leaving  his  employer's  premises 
when  a  perfectly  safe  method  of  exit  is  af- 
forded him  and  he  uses  such  hazardous 
means  for  his  own  convenience  and  in  order 
to  save  a  few  minutes  of  his  own  time,  is 
an  added  risk  not  contemplated  in  the  con- 
tract of  hire  and  an  injury  sustained  there- 
by was  held  not  to  arise  out  of  or  in  the 
course  of  the  employment,  nor  while  per- 
forming any  service  in  the  same. — Sharp  v. 
Mammoth,   etc.,  Co.,   5  I.   A.  C.  Dec.   124. 

429.  Injury  while  leaving  place  of  em- 
ployment by  unusual  and  dangerous  exit. — 
The  dependents  of  a  ship  bolter  who  sus- 
tained a  fatal  injury  while  leaving  the  place 
of  employment  to  go  to  lunch,  by  an  un- 
usual and  dangerous  exit  were  not  entitled 
to  compensation. — Moore  &  Scott  Iron 
Works  V.  Industrial  Accident  Commission, 
36  Cal.  App.  582,  172  Pac.  1114,  5  I.  A.  C. 
Dec.    85. 

42i)a.  Rule  of  reasonable  time  to  get  off 
employer's  premises. — Where  an  employee 
performing  services  as  guard  at  a  battery 
house  situated  at  a  point  between  the 
smelter  and  the  mine  belonging  to  his  em- 
ployer and  all  located  on  property  of  such 
employer,  was  injured  on  a  railroad  con- 
necting the  mine  and  the  smelter,  it  was 
held  that  the  rule  that  an  employee  should 
be  allowed  a  reasonable  margin  of  time  to 
get  off  the  employer's  premises  did  not 
apply,  owing  to  the  large  extent  of  the 
property. — Sharp  v.  Mammoth,  etc.,  Co.,  5 
I.  A.  C.  Dec.  124. 

430.  On  -nay  to  place  of  employment. — If 
an  employee  is  merely  on  his  way  to  the 
place  of  employment,  and  is  injured,  the  in- 
jury is  not  one  sustained  in  the  course  of 
the  employment. — Starr  Piano  Co.  v.  Indus- 
trial Accident  Commission,  58  Cal.  Dec.  379, 
184  Pac.  860,  6  I.  A.  C.  Dec.  174  (Steinkamp 
V.  Starr  Piano  Co.,  57  Cal.  Dec.  212,  5  I.  A.  C. 
Dec.  81,   6  I.  A.  C.  Dec.  39). 


Act  2781 


GENERAL   LAWS. 


1C2S 


431.  Arrlvnl  at  place  of  employment, 
seekInK  entrance,  sufllclent. — It  is  sufflrient, 
under  the  act,  if  the  employee  has  come  to 
the  employer's  premises,  and  is  seeking  en- 
trance thereto  by  the  means  of  access  pro- 
vided by  the  employer,  or  reasonably  used 
by  the  employee,  to  entitle  him  to  compen- 
sation for  an  injury  then  sustained,  and  it 
is  not  necessary  that  he  should  have  actu- 
ally begun  to  render  service. — Starr  Piano 
Co.  V.  Industrial  Accident  Commission,  58 
Cal.  Dec.  379,  184  Pac.  860,  6  I.  A.  C.  Dec. 
174  (Steinkamp  v.  Starr  Piano  Co.,  57  Cal. 
Dec.  212,  5  I.  A.  C.  Dec.  81,  6  I.  A.  C.  Dec. 
39). 

432.  Arrival  at  place  of  employment, 
ready  to  perform  service. — When  an  em- 
ployee has  arrived  at  the  premises  of  his 
employer  and  is  thereon  for  the  purpose  of 
immediately  commencing  his  work,  he  Is 
performing  service  incidental  to  his  em- 
ployment within  the  meaning  of  the  act. — ■ 
.Judson,  etc.,  Co.  v.  Industrial  Accident  Com- 
mission, 59  Cal.  Dec.  291,  184  Pac.  1,  6  I.  A.  C. 
Dec.  151  (Gallia  v.  Judson,  etc.,  Co.,  6 
J.   A.  C.   Dec.   33). 

433.  Injury  v»'hile  about  to  enter  place  of 
employment. — An  employee  about  to  go 
aboard  of  the  dredger  where  he  was  em- 
ployed to  assume  his  duties,  was  injured  by 
a  wire  fastening  the  dredger  to  the  bank 
and  it  was  held  that  the  injury  was  com- 
pensable.— Gust  V.  Sacramento,  etc.,  Co.,  5 
I.  A.  C.  Dec.  164. 

4.34.  Injury  on  way  to  business  in  em- 
ployer's automobile  on  employer's  tinte. — 
An  employee  who  was  injured  while  being 
conveyed  to  work  in  his  employer's  vehicle 
and  upon  his  employer's  time,  was  held  to 
have  been  injured  in  the  course  of  his  em- 
ployment.— Proctor  v.  Lindgren  Co.,  5 
I.  A.  C.  Dec.  115. 

43,'>.  Injured  in  automobile  accident  on 
way  to  work. — Where  an  employer  furnishes 
his  employee  with  an  automobile  to  convey 
him  about  while  engaged  in  his  employment, 
and  while  not  so  engaged,  and  paid  the  ex- 
penses of  the  upkeep  of  such  machine,  and 
such  employee  was  injured  while  on  his 
way  to  work,  in  such  machine.  It  was  held 
that  he  was  entitled  to  compensation,  since 
the  risks  of  that  mode  of  conveyance,  when 
selected  by  the  employer,  became  a  part 
of  the  risks  of  the  employment. — Johnson  v. 
Pure  Milk  Dairy  Co.,  6  I.  A.  C.  Dec.   257. 

438.  Kmplo.voe  injured  while  on  his  'way 
to  attend  a  meeting  called  by  employer. — 
An  employee  fatally  injured  while  on  his 
way  to  attend  a  meeting  of  the  employees 
with  the  executive  officer  of  the  employer 
in  charge  of  the  employees'  department,  by 
the  direction  of  the  employer,  and  concern- 
ing the  employer's  business  and  his  inter- 
est, in  the  employer's  automobile,  was  held 
to  have  been  engaged  on  a  special  errand 
in  the  course  of  his  employment,  and  that 
the  risk  of  the  street  injury  was  a  risk  to 
which  he  was  specially  exposed  by  reason 
of  his  employment,  and  that  the  injury  was 
compensable. — McConnaughy  v.  Board  of 
Public  Service  Commissioners  of  Los  An- 
geles,  6  I.  A.  C.   Dec.    260. 


437.  Injury  while  crossing;  the  street  on 
way  to  work — Stopping;  to  converse  with 
fellow   employee  an   alloAvable  personal   act. 

— Where  an  employee  in  the  course  of  the 
duties  of  his  employment,  while  crossing  the 
street,  stopped  on  the  street  to  converse  for 
a  minute  with  a  fellow  employee,  it  was 
held  that  the  act  of  stopping  was  one  of 
the  many  personal  acts  which  an  employee 
may  do  in  connection  with  his  employment 
without  taking  him  out  of  the  course  of  his 
employment. — Stanley  v.  Balboa,  etc.,  Co.,  4 
I.  A.  C.  Dec.  162. 

But  see  Balboa,  etc.,  Co.  v.  Industrial  Ac- 
cident Commission,  35  Cal.  App.  793,  5 
I.  A.  C.  Dec.  6. 

438.  Going  to  and  from  work — Payment 
of  transportation. — If  transportation  is  pro- 
vided as  part  of  the  contract  of  hire,  in- 
juries are  usually  construed  compensable  if 
the  employee  is  likewise  paid  for  his  time 
both  "going  and  coming"  the  case  is  clearly 
compensable. — Wedgwood  v.  Victory  Motor 
Co.,   6  I.  A.  C.  Dec.   215. 

439.  Going  to  and  from  work — Cost  of 
transportation  deducted  from  employee's 
■»vagres. — Where  an  employee  was  trans- 
ported at  close  of  work  to  his  home  in  an 
automobile  neither  owned  nor  operated  by 
his  employer,  and  a  charge  therefor  was 
made,  it  was  held  that  the  employer  did  not 
furnish  the  transportation  and  that  the  in- 
jury to  the  employee  while  being  so  trans- 
ported was  not  in  the  course  of  the  employ- 
ment.— Wedgwood  v.  Victory  Motor  Co.,  5 
I.  A.  C.  Dec.  215. 

440.  Injury  during:  transportation  from 
work  to  camp. — Where  pursuant  to  the 
terms  of  the  employment  an  employer  trans- 
ported its  employees  on  auto  trucks  be- 
tween the  camp  w^here  they  lived  and  the 
place  in  which  they  worked,  and  employees 
w^ere  allowed  to  ride  on  any  of  the  employ- 
er's trucks  if  enough  trucks  regularly  pro- 
vided were  not  available,  and  an  employee 
was  injured  while  boarding  a  truck  not 
usually  used  for  conveyance  it  was  held  that 
the  injury  happened  in  the  course  of  the 
employment.  —  Radish  v.  Associated  Oil 
Company,  4  I.  A.  C.  Dec.  375. 

441.  On  way  to  lunch  on  emiiloyer's 
premises. — An  injury  sustained  by  an  em- 
ployee while  on  his  way  to  lunch,  is  an 
injury  in  the  course  of  employment,  when 
occurring  in  part  of  employer's  premises 
which  was  in  use,  even  though  such  em- 
ployee had  left  the  actual  scene  of  his  own 
work. — Koster  v.  Union  Lumber  Co.,  5 
L  A.  C.  Dec.   179. 

442.  Barber  shop  employee^Injnred  In 
elevator. — ^The  fact  that  the  elevator,  in  the 
closing  doors  of  which  an  employee  of  a 
tenant  of  the  building  was  caught  and  in- 
jured, was  controlled  by  the  owners  of  the 
building  from  whom  the  employer  leased 
his  shop,  is  unimportant,  and  such  elevator 
was  a  part  of  the  employer's  premises. — 
Popineau  v.  Industrial  Accident  Commis- 
sion, (Cal.  App.),  187  Pac.  988.  6  I.  A.  C. 
Dec.  246  (Miles  v.  Popineau,  6  I.  A.  C.  Dec. 
74). 

And   the    fact   that  the   elevator   was    used 


\ 


1629 


MASTER  AND   SERVANT. 


Act  2781 


by  all  persons  having  occasion  to  do  so  as 
a  means  of  access  to  the  building  did  not 
affect  the  injured  employee's  right  to  com- 
pensation.— Same  v.  same. 

443.  Same— Employee  leaving  place  ot 
employment  ivith  employer's  consent. — If 
an  employee  leaves  the  place  of  his 
employment  with  his  employer's  con- 
sent and  approval,  to  procure  a  bot- 
tle of  milk  to  use  with  his  lunch,  as  was 
his  custom,  he,  though  ministering  to  him- 
self, is,  nevertheless,  in  a  remote  sense,  in 
that  one  who  works  must  eat,  engaged  in 
an  act  which  contributes  to  his  efficiency 
and  furtherance  of  his  work. — Popineau  v. 
Industrial  Accident  Commission,  (Cal.  App.) 
187  Pac.  988,  6  I.  A.  C.  Dec.  246  (Miles  v. 
Popineau,  6  I.  A.  C.  Dec.  74). 

444.  Employee  ot  different  employers- 
Deviation  from  direct  route  home. — Where 
an  applicant  for  compensation  was  em- 
ployed by  different  employers  at  different 
times  of  the  day  and  was  unable  to  com- 
plete all  the  duties  of  the  first  employment 
before  he  entered  upon  the  duties  of  the 
second  employment,  and  while  serving  the 
second  employer  he  had  to  go  to  his  home 
and  intended  to  deviate  from  a  direct  route 
home  to  complete  the  duty  for  the  first 
employer,  but  before  making  said  deviation 
he  was  injured,  it  was  held  that  said  injury 
happened  in  the  course  of  the  employment 
of  the  second  employer  only. — Davis  v.  Earl 
Publishing  Co.,  4  I.  A.  C.  Dec.  234. 

445.  Stopping  to  take  drink  ivhile  on 
errand  for  employer. — An  injury  sustained 
by  an  employee  while  performing  an  errand 
and  when  stopping  for  a  drink  was  held  to 
be  compensable. — Roney  v.  Ne  Page,  etc., 
Co.,  5  I.  A.  C.  Dec.  129. 

446.  Injury  on  return  from  business  trip 
after  temporary  digression  for  plea.sure. — 
An  injury  when  returning  from  a  business 
trip  after  a  temporary  digression  for  plea- 
sure held  to  have  been  incurred  in  the 
course  of  the  employment. — Kelley  v. 
American,  etc.,  Co.,  5  I.  A.  C.  Dec.  53. 

447.  On  ivay  home  after  service — No 
fixed  hours  of  employment. — Where  a  book- 
keeper, after  inspecting  certain  of  his  em- 
ployer's vineyards,  such  inspection  being  a 
duty  of  his  employment,  went  to  his  home 
to  leave  his  bicycle  and  get  some  refresh- 
ments, and  he  was  injured  while  riding 
in  an  automobile  from  his  home  to  his 
employer's  office,  and  he  was  employed  on  a 
monthly  salary  and  had  no  prescribed  hours 
of  employment,  was  held  to  have  arisen  out 
of  and  in  course  of  said  employment. — Rata 
V.   Setchel,    etc.,   Co.,    4   I.   A.   C.   Dec.    184. 

44S.  Maid  employed  to  do  house^vork  in- 
jured while  off  duty. — A  maid,  employed  to 
do  general  housework  in  a  sanitarium,  and 
in  addition  to  attend  patients,  was  not  en- 
titled to  compensation  for  an  injury  sus- 
tained by  slipping  on  a  wet  floor,  at  a  time 
when  she  was  not  on  duty,  and  while  she 
was  preparing  to  do  work  for  herself. — 
Gernhardt  v.  Industrial  Accident  Commis- 
sion, 30  Cal.  App.  129,  185  Pac.  307,  6  I.  A.  C. 
Dec.   166. 


449.  Miner — Washing  up  after  end  of 
time  on  duty. — Where  a  miner  working  on 
a  night  shift,  at  the  end  of  his  hours  of 
labor,  went  to  his  tent,  washed  up,  and  re- 
turned to  the  mine,  according  to  custom,  for 
the  purpose  of  investigating  two  unex- 
ploded  blasts  left  by  his  shift,  for  the 
purpose  of  making  them  safe  for  the  next 
shift,  and,  on  his  return  to  his  tent  after 
performing  this  necessary  duty,  was  shot  by 
a  mine  watchman,  it  is  held  that  his  injury 
grew  out  of  and  occurred  in  the  course  of 
his  employment. — Atolia  Mining  Co.  v.  In- 
dustrial Accident  Commission,  175  Cal.  691, 
692,   167    Pac.    148. 

450.  Traveling  salesman  on  trip — Injury 
at  hotel  after  end  of  day's  work. — Where  a 
traveling  salesman  on  a  trip  in  his  employ- 
ment, was  injured  while  entering  the  wash- 
room in  his  hotel  after  concluding  his  work 
for  the  day,  it  was  held  that  the  injury  did 
not  arise  out  of  or  in  the  course  of  his  em- 
ployment.— Peterson  v.  Arnstein,  etc.,  Co., 
4  I.  A.  C.  Dec.   85. 

451.  Fireman  taking  rock  from  loaded 
car  to  bed  furnace. — The  act  of  a  fireman 
in  taking  rock  used  to  bed  his  furnace,  from 
loaded  cars,  outside  of  his  expressed  and 
usual  duties,  for  purposes  of  preventing  de- 
lay and  inconvenience  in  firing  the  furnace, 
was  held  under  the  circumstances  of  the 
emergency  to  be  reasonable  and  proper 
within  the  course  of  his  employment. — Hunt 
V.   Southern   Pacific   Co.,   4   I.  A.  C.   Dec.   107. 

452.  Mine  truck  driver — Adding  side 
boards  to  truck. — Where  a  truck  driver  at 
a  copper  mine  was  injured  while  using  a 
ripsaw  in  the  company's  sawmill  for  the 
purpose  of  cutting  material  for  side  boards 
to  his  truck  to  enable  him  to  haul  a  larger 
quantity  of  lumber,  and  he  had  been  in- 
structed prior  to  the  accident  to  use  or 
assist  in  using  such  saws,  and  no  objection 
was  made  to  the  use  upon  that  occasion  by 
the  sawyer  in  charge,  it  was  held  that  the 
injury  arose  while  such  person  was  acting 
within  the  scope  of  his  employment,  and 
the  evidence  was  sufficient  to  sustain  the 
award. — Calaveras  Copper  Co.  v.  Industrial 
Accident  Commission  (Cal.  App.)  6  I.  A.  C. 
Dec.  243  (Jordan  v.  Calaveras  Copper  Co.,  6 
I.    A.   C.    Dec.    193). 

453.  Attempting  rescue  of  child  In  dan- 
gcp- — Where  the  essential  question  was 
whether  the  employee  was  injured  in  the 
course  of  his  employment,  and  it  was  shown 
that  the  injury  was  received  while  the  em- 
ployee was  engaged  in  stabling  a  team  of 
horses  for  his  employer,  by  being  struck  by 
an  automobile  accidentally  backed  upon  him 
by  an  officer  of  the  employer,  who  was  there 
on  the  employer's  business,  and  while  in 
the  act  of  attempting  to  rescue  a  child  in 
danger  of  being  run  over  by  the  automobile, 
tlie  failure  of  the  commission  to  give  the 
insurance  carrier  an  opportunity  to  cross- 
examine  witnesses  or  introduce  counter- 
testimony,    was    without    prejudice    to    it. 

The  Ocean,  etc.,  Corporation,  Limited,  v.  In- 
dustrial Accident  Commission,  57  Cal.  Dec 
4764,   6  I.  A.  C.  Dec.   82. 


Act  2781 


GI^NKRAL,   LAAVS. 


1C30 


454.  Teamster  at  inuni<'ipal  Ti-oodyard — 
Performance  of  service  ordered  by  superin- 
tendent.— A  teamster  employed  at  a  munici- 
pal woodyard,  the  object  of  the  establish- 
ment of  which  was  the  relief  of  indigrent 
persons,  was  entitled  to  compensation  from 
the  municipality  for  an  injury  received 
while  on  his  way,  in  compliance  with  the 
orders  of  the  superintendent  of  the  yard, 
to  make  the  household  effects  of  an  indi- 
gent family. — Oakland  v.  Industrial  Acci- 
dent Commission,  35  Cal.  App.  484,  170  Pac. 
430,  4  I.  A.  C.  Dec.  363  (Norton  v.  Oakland, 
4   I.   A.    C.    Dec.    231). 

455.  Hotel  chamliermnid — Cleaning  light 
well. — An  injury  received  by  a  chamber- 
maid while  eng-ag-ed  in  cleaning-  a  light 
well,  which  was  no  part  of  her  duties,  and 
which  she  voluntarily  assumed  to  perform 
in  the  absence  of  her  employer  and  with 
out  the  employer's  knowledge  or  sanction,  is 
not  an  injury  arising  out  of  and  in  the 
course  of  her  employment,  even  though  the 
attempted  duty  was  done  from  the  view- 
point of  loyalty  to  the  employer's  interest. 
— Williamson  v.  Industrial  Accident  Com- 
mission, 177  Cal.  715,  171  Pac.  797,  5  I.  A.  C. 
Dec.  60  (Landis  v.  Williamson,  4  I.  A.  C. 
Dec.  204. 

456.  Ranch  hand,  after  finishing  work, 
on  trip  to  town  to  assist  forman  to  get 
other  workmen. — Where  a  ranch  hand,  after 
finishing  his  Sunday  work,  accompanied  the 
foreman  on  a  trip  to  town  to  get  other 
workmen,  although  he  went  for  his  own 
pleasure  and  would  have  performed  other 
services  at  the  ranch  that  evening  had  he 
remained,  and  his  injury  was  occasioned  by 
cranking  the  foreman's  automobile  in  town, 
it  was  held  that  since  the  ranch  hand  was 
actually  assisting  the  foreman  in  a  service 
in  line  with  the  duties  of  his  employment, 
he  was  acting  within  the  course  of  his  em- 
ployment.— Crawford  v.  Jones,  etc.,  Co.,  4 
I.   A.   C.   Dec.   180. 

457.  Caring  for  horses  on  employer's 
ranch  after  end  of  day's  work — Employment 
by  day. — Where  a  teamster  who  was  em- 
ployed with  a  team  for  a  per  diem  wage, 
and  the  keep  of  his  horses  on  his  employ- 
er's ranch,  was  injured  while  caring  for  the 
horses  after  the  close  of  the  day's  work,  it 
was  held  that  the  injury  was  non-com- 
pensable,  on  the  ground  that  the  employ- 
ment ended  at  the  termination  of  the  day's 
work,  and  the  act  of  caring  for  the  horses 
therefore  were  personal  to  the  applicant 
and  the  injury  not  sustained  in  course  of 
employment. — Roux  v.  Batcher,  5  I.  A.  C. 
Dec.  113. 

458.  ITnusual  employment  —  Laborer 
shoveling  gravel — Driving  gravel  teams. — 
Under  the  act  of  1913  an  injury  received  by 
a  person  employed  as  a  laborer  to  shovel 
gravel,  while  driving  a  team  hauling  a 
gravel  wagon  under  a  temporary  exchange 
of  places  between  him  and  the  teamster,  is 
not  an  injury  arising  out  of  the  course  of 
his  employment. — County  of  Modoc  v.  In- 
dustrial Accident  Commission.  32  Cal.  App. 
548,  163  Pac.  685,  4  I.  A.  C.  Dec.  25  (Lytle  v. 
County  of  Modoc,  3  I.  A.  C.  Dec.  382). 


459.  Chanffenr  of  taxieab  shot  by  Intoxi- 
cated passenger. — A  chauffeur  employed  by 
a  taxicab  company  who  was  shot  by  a  pas- 
senger whom  he  had  taken,  together  with 
a  woman,  to  a  roadhouse,  while  the  passen- 
ger was  intoxicated,  was  held  to  have  sus- 
tained the  injury  in  his  employment  and 
was  entitled  to  compensation. — Harvey  v. 
O'Neil,   5  I.  A.  C.  Dec.    28. 

460.  Secretary  of  garage  corporation — 
Injury  on  way  to  inspect  land  proposed  in 
exchange  for  garage  business. — Where  the 
secretary  of  a  garage  corporation  was  in- 
jured by  an  automobile  accident  while  en- 
gaged in  inspecting  farm  land  for  which  it 
was  proposed  to  exchange  the  garage  busi- 
ness it  was  held  that  the  injury  was  sus- 
tained while  rendering  services  incidental 
to  the  employment,  that  the  employment  at 
the  time  of  the  injury  was  neither  casual 
or  outside  of  the  usual  course  of  the  em- 
ployee's business  and  that  it  was  not  farm 
repair. — Evans  v.  Bay  Cities,  etc..  Corpora- 
tion, 5  I.  A.  C.  Dec.  122. 

461.  "Dump  tender"  or  "ice  pulSer,"  in- 
jured by  fall  from  floor  to  ■*vhich  he  had  not 
been  assigned. — Where  a  "dump  tender"  or 
"ice  puller"  for  an  ice  and  cold  storage 
company  was  injured  by  a  fall  from  one  of 
the  upper  floors  of  the  building  down  the 
elevator  shaft  to  the  basement,  it  was  held 
that  the  injury  was  not  sustained  in  the 
course  of  his  employment,  he  not  leaving 
been  expressly  assigned  to  duty  which 
would  take  him  on  the  upper  floor. — Cas- 
ualty Company  v.  Industrial  Accident  Com- 
mission, 54  Cal.  Dec.  599,  4  I.  A.  C.  Dec. 
340. 

463.  Stevedore  on  employer's  premises — 
Chopping  wood  to  keep  warm. — Where  a 
stevedore  sustained  an  injury  on  the  prem- 
ises of  the  company  while  chopping  fire- 
wood with  which  to  keep  warm  during  a 
temporary  cessation  of  labor  because  of 
rain,  no  provision  being  customarily  made 
by  the  employers  for  shelter  as  part  of  their 
wages,  it  was  held  that  said  injury  did  not 
occur  in  the  course  of  employment  of  the 
applicant. — Peters  v.  Schirmer,  etc.,  Co.,  4 
I.   A.   C.   Dec.   134. 

463.  Xight  v^'atchman — Injured  while 
using  circular  sa^v. — An  award  of  compen- 
sation made  by  the  commission  to  a  night 
watchman  for  an  injury  received  while 
using  a  circular  saw  for  the  purpose  of 
making  a  board  of  suitable  length  to  bar- 
ricade a  door  of  the  premises  which  he  was 
employed  to  watch  is  unwarranted,  as  the 
resort  to  the  use  of  the  saw  was  beyond 
the  scope  of  his  employment,  and  not  a  re- 
sort to  reasonable  means  for  the  purpose  of 
securing  the  end  intended. — Brusster  v.  In- 
dustrial Accident  Commission,  35  Cal.  App. 
81,  169  Pac.  258,  4  I.  A.  C.  Dec.  327  (Caspar 
v.   Brewster,   Jr.,   4   I.  A.  C.   Dec.   240). 

464.  Employee  stopping  to  light  ciga- 
rette— Accidental  gunshot. — Where  an  em- 
ployee went  to  the  bunkhouse  and  procured 
some  nails  and  matches  and  he  stopped  for 
a  moment  outside  the  bunkhouse  to  light  a 
cigarette  and  was  shot  in  the  leg  as  a  re- 
sult  of   the   accidental    discharge    of   a   gun 


1631 


MASTER  AND   SERVANT. 


Act  2781 


which  was  being  cleaned  by  a  fellow  em- 
ployee, It  was  held  that  he  was  injured  in 
the  course  of  the  employment. — Padrino  v. 
Shedd,  4  I.  A.  C.  Dec.  350. 

465.  Motion  picture  actors  racing  horses 
to  corral. — It  was  held  in  the  present  case 
that  a  fourteen-year-old  Mexican  boy  em- 
ployed by  a  motion  picture  company  was 
injured  while  racing  his  horse  to  a  corral, 
that  said  employee  w^as  acting  within  the 
course  of  his  employ  and  said  injury  arose 
out  of  said  employment. — Villaneva  v.  Fox 
Film  Co.,   4  I.  A.  C.  Dec.  191. 

466.  Driver  of  street  flushing  vehicle- 
Fall  from  same. — The  driver  of  a  street 
flushing  vehicle  is  entitled  to  compensation 
for  an  injury  sustained  by  falling  from  the 
vehicle  while  in  the  act  of  attempting  to 
prevent  a  wrench  from  falling  from  the 
footboard  into  the  street,  although,  at  the 
time  of  the  accident  he  had  permitted  an- 
other person  to  run  the  truck,  while  he  was 
manipulating  the  lever  to  discharge  the 
water. — Employer's,  etc.,  Co.  v.  Industrial 
Accident  Commission,  36  Cal.  App.  568,  177 
Pac.  171,   5  I.   A.   C.   Dec.   79. 

467.  Surveyor — In.«*pection  and  consulta- 
tion.— A  surveyor  in  the  present  case  was 
held  to  have  been  injured  in  the  course  of 
liis  employment,  the  act  of  inspection  and 
consultation  being  within  the  general  scope 
of  the  duties  of  a  surveyor  in  such  circum- 
stances.— Brackins  v.  Trinity,  etc.,  Co.,  3 
I.   A.   C.   Dec.   22. 

467a.  Employment  of  special  oflicer  as 
«-atchnian. — Where  a  private  company  or 
individual  employs  a  watchman  or  special 
oflicer,  and  in  making  the  selection  delib- 
erately chooses  an  officer  of  the  law,  in 
order  to  take  advantage  of  his  authority, 
and  such  officer  performs  acts  advantageous 
to  and  expressly  or  impliedly  directed  by 
the  employer,  which  happen,  at  the  same 
time,  to  be  acts  which  would  be  his  official 
duty  to  perform,  such  employee  is  acting 
within  the  course  of  his  employment  within 
the  meaning  of  the  proviso  of  section  8(a) 
of  the  act. — Engels,  etc.,  Co.  v.  Industrial 
Accident  Commission,  58  Cal.  Dec.  411,  8 
A.  L.  R.  187,  185  Pac.  182,  6  I.  A.  C.  Dec.  206. 

468.  Going  to  aid  of  felloTv  -worlcman  in 
dangerous  situation. — An  employee  who 
comes  to  the  aid  of  a  fellow  workman  in  a 
da,ngerous  situation  is  in  the  course  of  his 
employer's  business. — United  States,  etc., 
Co.  V.  Industrial  Accident  Commission,  174 
Cal.  616,  163  Pac.  1013,  4  I.  A.  C.  Dec.  79 
(Maffia  V.  Aquilino,  3  I.  A.  C.  Dec.  15;  Za- 
notti  V.  Aquilino,  3  I.  A.  C.  Dec.  53). 

469.  Nursing  influenza  patients,  outside 
employment,  -w'ith  employer's  consent. — 
Where  an  employee,  by  way  of  special  serv- 
ice outside  his  regular  employment,  with 
his  employer's  consent,  attended  influenza 
patients  in  his  employer's  hospital,  and  con- 
tracted the  disease,  his  services  as  such 
attendant  were  within  the  scope  of  his  em- 
ployment and  the  disease  was  an  injury 
which,  because  of  special  exposure  beyond 
the  commonalty,  arose  out  of  and  was 
proximately    caused    by    the    employment. — 


Hebstock  v.  Engels,  etc.,  Co.,  6  I.  A.  C.  Dec. 
146. 

470.  Voluntary  services — Services  outside 
of  employment,  performed  at  employer's  re- 
quest.— An  injury  sustained  by  an  employee 
in  the  performance  of  services  outside  his 
duties,  voluntary  in  nature,  is  not  an  injury 
suffered  in  the  course  of  the  employment, 
but  where  a  safety  engineer  at  a  mine  was 
directed  by  the  superintendent  to  assist  in 
caring  for  influenza  patients,  his  services 
were  not  voluntary,  though  exceptional, 
and  were  in  the  actual  scope  of  his  employ- 
ment because  rendered  in  response  to  the 
company's  direction,  and  his  disability  from 
heart  disease,  due  to  contracting  influenza, 
was  compensable. — Engels,  etc.,  Co.  v.  In- 
dustrial Accident  Commission,  (Cal.)  192 
Pac.  845. 

See,  also,  San  Francisco  v.  Industrial  Ac- 
cident Commission,    (Cal.)    191   Pac.    26. 

471.  Employee,  paid  full  salary,  serving 
the  government  voluntarily. — An  employee, 
paid  full  salary,  while  serving  the  govern- 
ment, with  employer's  consent,  but  not  by 
its  direction,  and  injured  While  so  engaged, 
was  not  injured  in  the  course  of  his  em- 
ployment, and  his  employer  was  not  liable 
for  compensation. — Lord  v.  Goodyear,  etc., 
Co.,  6  I.  A.  C.  Dec.  148. 

472.  Voluntary  service — Assistance  to 
person  injured  by  employer's  train. — A  clerk 
in  the  freight  auditing  department  of  a 
railroad  company  was  not  performing  a 
service  growing  out  of  or  incidental  to  his 
employment  when  he,  voluntarily  and  with- 
out orders,  alighted  from  a  train  of  the 
company  to  render  assistance  to  a  person 
injured  by  the  train,  and  was  killed  while 
attempting  to  reboard  the  train,  notwith- 
standing the  fact  tliat  he  was  traveling  in 
the  performance  of  his  duty  as  such  clerk, 
the  rules  of  the  company  not  requiring  him 
to  render  assistance  in  such  a  case,  but  on 
the  contrary,  confined  that  duty  to  the  con- 
ductor and  brakemen. — Northwestern  Pa- 
cific Co.  v.  Industrial  Accident  Commission, 
174  Cal.  297,  L.  R.  A.  1918A,  286,  163  Pac. 
1001. 

473.  Service  volunteered — Acquiesced  in 
by  employer. — An  employee,  who,  for  his 
own  pleasure,  actually  renders  a  service  for 
his  employer  in  line  with  the  duties  of  his 
employment  at  his  own  request  or  sugges- 
tion and  with  the  acquiescence  of  his  em- 
ployer, is  acting  within  the  course  of  his 
employment. — Crawford  v.  Jones,  etc.,  Co.,  4 
I.   A.   C.  Dec.  180. 

474.  Voluntary  service  T%'ith  employer's 
acquiescence — Motive  immaterial. — The  mo- 
tive of  an  employee  for  rendering  voluntary 
service  is  immaterial  where  employer  ac' 
quiesces. — Crawford  v.  Jones,  etc.,  Co.,  4 
I.  A.  C.  Dec.  ISO. 

475.  Employee  at  home,  compelled  to  go 
to  employer's  place  of  business  to  open  safe 
for  robbers. — Where  an  employee,  entrusted 
with  the  combination  and  a  key  to  the  inner 
door  of  his  employer's  safe,  was  killed  by 
a  robber,  prompted  by  a  desire  to  rob  the 
safe,  and  because  of  the  employee's  inabil- 
ity or  unwillingness  to  assist  him  with  his 


Act  2781 


GENERAL   LAWS. 


1G32 


knowledge  of  the  combination  and  use  of 
the  key,  he  was  held  to  have  been  killed  in 
the  course  of  his  employment,  although  not 
during  the  hours  of  duty  and  not  on  the 
premises  at  the  time. — Smith  v.  German- 
town  Rochdale  Co.,  5  I.  A.  C.  Dec.  25. 

c.  Proarimately  caused  by  employment. 

•176.  Inpxplninrd  dpiith — Absence  of  evl- 
Oence     to     coiitrnry — I'rcNiiiiiption. — In     the 

absence  of  evidence  to  the  contrary,  an  un- 
explained death  of  an  employee,  occurring 
under  tlie  circumstances  of  this  case,  is 
presumed  to  have  arisen  out  of  and  to  have 
been  proximately  caused  by  the  employment 
and  is  therefore  compensable. — Fahey  v. 
Woodward,   etc.,   Co.,   6  I.  A.   C.   Dec.   216. 

477.  lOnipIoyed  in  violation  of  la^v^^Injury 
to  Mixteen-year-old  l>«>y. — Where  a  foreman 
erroneously,  but  not  wilfully,  employed  a 
sixteen-year-old  boy  to  operate  a  tin  press- 
ing machine,  in  violation  of  the  child  labor 
law  of  1917,  an  injury  resulting  from  an 
accident  in  operating  such  machine,  was 
held  not  to  have  been  caused  by  such  viola- 
tion of  the  law. — Lundgren  v.  Hammer- 
Bray  Co.,  6  I.  A.  C.  Dec.  17. 

478.  Actinomycosis  followins  eniploy- 
meut  in  Krain  mill. — Xn  award  of  the  com- 
mission to  an  employee  of  a  grain  and  mill- 
ing company  for  an  affliction  of  the  nose 
and  mouth  (actinomycosis),  claimed  to  have 
been  contracted  while  employed  in  the  work 
of  grinding  and  sacking  wheat  and  barley 
for  feed,  and  while  actively  engaged  in 
filling  sacks  from  the  spout  of  the  grinding 
mill,  is  held  to  have  been  properly  made 
wliere  it  is  shown  by  expert  evidence  that 
such  disease  could  be  conveyed  by  grain 
to  the  human  organism,  and  by  the  testi- 
mony of  the  employee  himself  that  he  had 
not  theretofore  suffered  from  any  such  dis- 
order.— Hartford,  etc.,  Co.  v.  Industrial  Ac- 
cident Commission,  32  Cal.  App.  481,  163 
Pac.  225.  4  I.  A.  C.  Dec.  1  (Burris  v.  Per- 
kins, 3  I.  A.  C.  Dec.  465). 

479.  Apoplexy  follo'»vius  quickly  injuries 
to  left  hip  and  elbow  from  fall. — Where  a 
teamster  suffered  severe  injuries  to  his  left 
elbow  and  hip  from  a  fall  from  his  wagon 
and  suffered  about  three  hours  afterwards 
an  apoplectic  stroke  resulting  in  paralysis, 
it  was  held  that  under  the  circumstances 
the  injury  was  the  proximate  cause  of  the 
entire  disability. — Selaya  v.  Ruthven  &  Cer- 
rano,  5  I.  A.  C.  Dec.  238. 

480.  Acute  bronchitis  followlns  injury  to 
chest. — Where  an  employee  sustained  an  in- 
jury to  his  chest  and  two  days  afterwards 
was  found  to  be  suffering  from  acute  bron- 
chitis, and  medical  opinion  was  to  the  effect 
that  bronchitis  is  not  a  direct  result  of 
trauma  but  may  be  a  secondary  effect  pro- 
duced by  the  lowering  of  vitality  caused  by 
trauma,  it  was  held  that  the  connection  be- 
tween the  injury  and  the  bronchitis  was 
too  indirect  and  uncertain  to  warrant  a 
finding  that  the  bronchitis  was  proximately 
caused  by  the  injury. — Vieira  v.  California, 
etc..  Co.,   4  I.  A.  C.  Dec.   87. 

481.  Hysterical  blindness  following  elec- 
tric flash. — It  was   held   in   the   present   case 


that  hysterical  blindness  which  followed 
an  electric  flash,  was  not  proximately 
caused  by  and  did  not  arise  out  of  the  em- 
ployment.— Embee  v.  Western,  etc.,  Co.,  4 
I.   A.   C.  Dec.   279. 

4S2.  Dementia  praecox  can  not  be  caused 
by  a  fracture  of  the  ri^ht  tibia. — It  was 
held  that  dementia  praecox  can  not  be 
caused  or  precipitated  by  trauma  and  that 
this  type  of  insanity  following  a  fracture 
of  the  right  tibia  was  not  caused  by  the 
accident. — Oliver  v.  Birdsall,  5  I.  A.  C.  Dec. 
193. 

483.  Dislocation  of  knee  cartilage  from- 
distinct  trauma. — A  recurrence  of  a  dislo- 
cation of  cartilage  of  knee  following  a  dis- 
tinct trauma  is  compensable. — Saunders  v. 
Northwestern,  etc.,  Co.,  6  I.  A.  C.  Dec.   222. 

484.  Duodenal  aflfectlon  following  blo^v. — 
Where  an  -  employee  in  good  health  and 
without  signs  of  stomach  or  duodenal  trou- 
ble received  a  blow  in  that  region,  and  at 
once  was  affected  with  pains  and  continu- 
ous disability,  the  blow  being  sufficient  to 
cause  internal  injuries  and  two  months 
later  his  ailment  was  diagnosed  as  duodenal 
ulcer,  but  its  previous  existence  was  only 
conjectural,  or  if  it  existed  at  the  time  of 
the  accident,  was  dormant,  and  that  it 
would  have  become  acute  by  reason  of  the 
blow,  it  was  found  that  the  disability  would 
not  have  been  sustained  but  for  the  acci- 
dent, and  that  it  was  proximately  caused 
thereby.  —  Snyder  v.  Pacific,  etc.,  Co.,  3 
I.  A.  C.  Dec.  1. 

485.  Fainting:  spell— Distinguished  from 
nellis  V.  Doan,  4  I.  A.  C.  Dec.  340.— Fainting 
spell,  resulting  in  injury,  distinguished 
from  the  case  of  Bellis  v.  Doan,  4  I.  A.  C. 
Dec.  340,  in  that  the  circumstances  do  not 
show  that  the  applicant's  work  in  the 
course  of  his  employment  was  sufficient  to 
be  considered  as  the  proximate  cause  of  the 
fainting  flt  and  resulting  injury. — Baker  v. 
Sloane,  6  I.  A.  C.  Dec.  1. 

48fi.  Fall  down  stairs  —  Apoplexy.  —  In 
this  case  it  was  held  that  the  injury  and 
death  of  the  employee  was  caused  by  an 
accidental  fall  down  a  flight  of  stairs  at 
the  place  of  employment  and  not  because  of 
an  attack  of  apoplexy,  and  that  the  death 
rose  out  of  and  was  proximately  caused  by 
the  employment. — Henna  v.  Coppa's  Red 
Paint  Restaurant,  6  I.  A.  C.  Dec.  33. 

487.  Death  from  rupture  of  right  ven- 
tricle follo^ving  fall  from  ladder. — Where 
upon  a  proceeding  to  review  an  award  of 
the  commission  for  the  death  of  a  painter, 
the  only  point  made  in  opposition  to  the 
award  was  that  the  fracture  of  the  pelvic 
bone  which  the  deceased  sustained  from  a 
fall  from  a  ladder  was  the  proximate  cause 
of  death,  but  the  immediate  cause  of 
death  was  a  small  rupture  of  the  right  ven- 
tricle of  the  heart  and  there  is  substantial 
testimony  justifying  the  inference  that  the 
fall  was  the  cause  of  the  death,  the  award 
must  be  affirmed. — Santa  v.  Industrial  Ac- 
cident Commis.'^ion,  175  Cal.  235,  165  Pac. 
689,  4  I.  A.  C.  Dec.  169  (Cordova  v.  Santa,  3 
I.  A.  C.  Dec.  180). 

488.  Hernia      resulting;       from       constant 


1633 


MASTER  AXD   SERVANT. 


Act  2781 


hea^T  lifting. — Hernia  gradually  produced 
by  constant  heavy  lifting  in  an  employment 
as  a  concrete  laborer  requiring  such  lifting 
is  compensable. — Andersen  v.  Healy  Tib- 
bitts,   etc.,   Co.,   6  I.   A.   C.   Dec.   222. 

488.  Death  from  tubercular  pneumonia 
folloning-  operation  for  hernia. — Death  from 
tubercular  pneumonia,  following  an  opera- 
tion for  hernia,  incurred  in  employment, 
held  compensable. — Cox  v.  California,  etc., 
Co.,  5  I.  A.  C.  Dec.  10. 

490.  Lobar  pneumonia  follo^'ing  bruise 
on  left  side  betTt'een  louver  ribs  and  hip 
bone. — Lobar  pneumonia,  from  which  death 
resulted,  held  not  to  have  been  proximately 
caused  by  an  injury  from  a  bruise  on  the 
left  side  midway  between  the  hip  bone  and 
the  lower  ribs. — Durnford  v.  Moore  Ship- 
building Co.,  6  I.  A.  C.  Dec.   41. 

491.  Manic  depressive  insanity — Blow  on 
head. — Employee's  injury  held  under  the 
circumstances  shown,  to  have  caused  manic 
depressive  insanity  precipitated  by  a  blow 
on  the  head. — Aetna,  etc.,  Co.  v.  Burgner,  6 
I.  A.  C.  Dec.  20. 

492.  Malposition  of  bone  after  fracture 
of  leg. — It  was  held  in  the  present  case, 
where  a  disability  resulting  from  the  mal- 
position of  a  bone  after  fracture  of  the  leg 
in  the  course  of  employment,  was  proxi- 
mately caused  by  the  original  injury. — Sil- 
veira  v.  Grayson,  etc.,  Co.,  4  I.  A.  C.  Dec. 
229. 

493.  Osteoarthritis  follo^ving  .sprain  of 
back,  hips  and  leg. — Where  a  piano  re- 
pairer sprained  his  back,  hips  and  left  leg 
and  felt  a  sudden  pain  but  continued  to 
work  for  two  weeks  and  was  then  dis- 
abled from  a  condition  of  osteoarthritis  for 
six  weeks,  after  which  his  disability  ceased 
and  he  returned  to  work,  and  he  had  suf- 
fered no  such  disability  theretofore,  it  was 
held  that  said  disability  was  proximately 
caused  by  said  injury. — Thomas  v.  Eiler's 
Music  Co.,   4   I.  A.  C.   Dec.   212. 

494.  Pemphigus — Skin  disease  following 
cut  of  hand  of  butcher. — Where  a  butcher 
cut  his  hand  while  working  on  the  carcass 
of  a  sheep  in  a  slaughter  house  and  he 
thereafter  suffered  a  skin  disease  and  the 
medical  testimony  was  to  the  effect  that  the 
symptoms  manifested  thereby  were  char- 
acteristic of  pemphigus,  it  was  held  that 
naid  disease  was  proximately  caused  by  and 
arose  out  of  employment. — Guihan  v.  Fagan, 
4   I.  A.  C.   Dec.   289. 

495.  Death  from  pneumonia  follo'v\-ing 
injury  to  head. — Fatal  pneumonia  suffered 
by  an  employee  when  recovering  from  an 
injury  to  the  head,  held  not  to  have  been 
caused  by  the  injury. — Meyer  v.  Los  An- 
geles. 6  I.  A.  C.  Dec.  235. 

496.  Prolapsus  uteri  following  lifting  of 
heavy  bundle. — Where  a  woman  employed 
as  a  sleeve-setter,  at  the  time  of  lifting  a 
bundle  weighing  fifty  pounds  experienced 
an  abdominal  pain  which  subsequent  medi- 
cal examination  disclosed  to  be  the  result 
of  prolapsus  uteri,  disabling  her  after  two 
weeks  of  further  work  and  the  evidence 
showed  that  malposition  of  the  uterus  must 
have  antedated  the  pain  though  unknown  to 

Gen.  Laws— 103 


the  employer  and  that  but  for  the  strain 
of  said  lifting  she  would  have  been  able  to 
continue  with  her  work  indefinitely  though 
w^ithout  a  strain  she  was  likely  to  have  be- 
come disabled  at  some  time,  it  was  held 
that  the  disability  was  proximately  caused 
out  of  the  lifting  and  arose  out  of  the  em- 
ployment.— Bart  V.  Cohn  Goldwater  Co.,  5 
I.  A.  C.  Dec.   241. 

497.  Pulmonary  pneumonia  ten  days 
after  injury  to  arm. — It  was  held  that  death 
from  pulmonary  tuberculosis  ten  days  after 
an  injury  to  an  arm,  was  not  proximately 
caused  by  the  injury  nor  by  the  employ- 
ment, and  was  not  compensable. — Scott  v. 
Birch  Oil  Co.,  5.1.  A.  C.  Dec.  197. 

498.  Tachycardia  and  hyperthyroidism — 
Vibrations  of  air  drill  against  chest. — It  is 
held  that  tachycardia  and  hyperthyroidism 
did  not  result  from  the  vibrations  of  an  air 
drill  against  an  employee's  breast. — Ellis  v. 
Los  Angeles,  etc..  Co..   6  I.  A.  C.  Dec.   266. 

499.  Tonsilitis  and  diabetes  following 
blow  on  abdomen. — Where  a  boilermaker 
was  struck  in  the  abdomen  and  three  weeks 
thereafter  suffered  tonsilitis.  and  shortly 
thereafter  he  was  found  to  be  suffering 
from  diabetes,  it  was  held  that  the  evidence 
was  insufficient  to  show  that  said  tonsilitis 
and  diabetes  were  proximately  caused  by 
said  injury  or  arose  out  of  said  employment. 
— Williams  v.  California,  etc..  Works.  4 
I.  A.  C.  Dec.  202. 

500.  Disability  characteristic  of  injury 
and  specific  disease. — Where  an  employee 
sustained  an  injury  to  his  head  and  there- 
after suffered  symptoms  characteristic  of 
both  such  an  injury  and  a  specific  disease, 
and  the  results  of  the  injury  could  be  com- 
plicated and  the  disability  increased  by  such 
disease  but  the  injury  itself  could  not  pre- 
cipitate such  acute  symptoms  and  it  was 
doubtful  whether  the  employee  had  such 
disease  and  he  was  able  to  do  hard  work, 
it  was  held  that  the  whole  diflficulty  was 
proximately  caused  by  the  injury. — Wilson 
V.  Mesmer  &  Rice,  4  I.  A.  C.  Dec.  139. 

501.  Disability  due  partly  to  injury  and 
partly  to  pre-existing  disease. — Where  a 
disability  is  due  partly  to  an  injury  re- 
ceived by  the  employee  and  in  part  to  pre- 
existing osteoarthritis,  it  is  held  that  the 
disability  due  to  the  osteoarthritis  was  non- 
compensable. — Porter  v.  Morse,  4  I.  A.  C. 
Dec.   199. 

503.  Existing  disability  is  accepted  by 
emi>loyer. — An  employer  accepts  an  em- 
ployee subject  to  a  physical  disability  exist- 
ing at  the  time  the  latter  entered  his  em- 
ploy, and  an  injury  sustained  because  of 
such  existing  disability  is  nevertheless 
compensable. — Phillips  v.  Southern  Califor- 
nia  Edison   Co.,    6   I.    A.  C.  Dec.   237. 

503.  Disability  aggravated  by  specific 
disease. — Where  an  injury  is  sufficient  to 
produce  symptoms  similar  to  those  which 
follow  the  Injury  but  such  symptoms  are 
aggravated  to  a  comparatively  slight  de- 
gree by  a  previous  existing  specific  disease, 
the  whole  condition  is  proximately  caused 
by  the  injury  unless  the  injury  merely  pre- 
cipitated an  acute  exacerbation  of  such  dis- 


Art  2781 


GENERAL   LAWS. 


1034 


ease. — Wilson  v.  Mesmer  &  Rice,  4  I.  A.  C. 
Dec.   139. 

504.  Impelua  to  pre-exintlnK  ditteaae 
Kivrn  by  Injury. — Where  a  carpenter  suf- 
fered from  dizziness  and  headaches  and  died 
of  softening  of  the  brain  soon  after  or 
within  a  short  time  after  a  fall  from  a 
scaffold,  It  was  held  that  In  view  of  the 
testimony  of  brain  and  medical  witnesses 
that  while  the  ailment  would  have  ulti- 
mately caused  death,  the  injury  would  prob- 
ably not  have  proved  fatal  except  for  the 
impetus  given  to  the  pre-existing  injury  to 
the  brain.  It  was  held  that  the  death  was 
proximately  caused  by  the  injury. — Perry 
V.   Brown,   4   I.   A.   C.  Dec.   163. 

no.*;.  OnteoarthrltU  nnd  arteriosclerosis 
IlKhted  up  by  blow. — Where  a  painter  had 
ihronic  osteoarthritis  and  arteriosclerosis, 
which,  however,  were  causing  him  no  dis- 
ability, and  he  fell  and  sustained  a  blow  on 
the  foot  which  lighted  up  the  osteo- 
arthritis in  his  foot  and  caused  a  disability, 
it  was  held  that  the  whole  of  said  dis- 
ability was  proximately  caused  by  said  in- 
jury and  was  compensable. — Williamson  v. 
Shell  Co.,  4  I.  A.  C.  Dec.  222. 

506.  Sarcoma  following:  trauma. — It  was 
held  in  the  present  case  that  a  sarcoma  was 
a  subsequent  acceleration  or  a.sjgravation  of 
the  same,  which  followed  trauma,  and  was 
proximately  caused  by  the  injury. — Villa  v. 
Santa  Ana  Sugar  Co.,  4  1.  A.  C.  Dec.  147. 

507.  Pre-existinj?  disease  —  Disability 
prolonged  by. — Although  the  employer  takes 
the  employee  subject  to  his  physical  con- 
dition at  the  time  of  entering  the  employ- 
ment, more  serious  disabilities  proximately 
caused  by  a  specific  disease  are  to  be  dis- 
tinguished from  ordinary  disabilities  which 
are  prolonged  by  the  disease  but  which, 
without  the  injury  to  precipitate  them, 
would  not  have  been  caused  by  the  specific 
disease. — Peterson  v.  Bristol,  etc.,  Co.,  4 
I.   A.  C.  Dec.   122. 

508.  Pre-exiNtin;;  disease  —  Prolongation 
of  disability  due  to  injury. — Where  a  cook 
sustained  an  injury  to  his  knee,  which  was 
diagnosed  as  a  chronic  synovitis,  and  the 
disability  was  prolonged  by  a  pre-existing 
condition  of  syphilis  which  could  be  cured 
in  about  two  months  by  appropriate  treat- 
ment. It  was  held  that  the  whole  disabil- 
ity was  proximately  caused  by  the  injury 
and  that  the  cook  was  entitled  to  anti- 
syphilltlc  treatment  by  his  employer. — 
Peterson  v.  Bristol  Bay  Packing  Co.,  4 
I.   A.  C.   Dec.   122. 

508a.  Same — Increase  of  hernia. — Where 
an  applicant  had  had  a  hernia  for  several 
years,  which  occasionally  descended,  and 
which  he  reduced  by  himself,  and  for  which 
he  wore  a  truss,  felt  a  slight  sensation 
without  violent  symptoms  on  lifting  a 
heavy  article  at  his  work,  and  upon  re- 
moving his  truss  that  night  the  hernial 
mass  descended  to  a  greater  extent  than 
f^ver  before  and  strangulated,  the  increased 
hernia  constituted  a  compensable  injury. — 
Heinz  v.  State  Compensation  Insurance 
Fund,  6  I.  A.  C.  Dec.   74. 


500.  I're-existing  chronic  arthritis  of 
flneer  Joints  and  Dupuytren's  contraction  of 
both  palms — SliKht  injury  to  finger. — Where 
an  employee  when  he  was  hired  by  his  em- 
ployer was  suffering  from  chronic  arthritis 
of  his  finger  joints  and  a  Dupuytren's  con- 
traction of  both  palms,  and  he  sustained  a 
slight  Injury  to  his  finger,  which  became 
Infected,  and  was  treated  by  his  employer's 
physician,  and  was  restored  to  the  physical 
condition  In  which  he  was  before  his  injury. 
It  was  held  that  the  employer  was  not  liable 
on  account  of  the  employee's  previous  con- 
dition.— Landrath  v.  Mountain  Copper  Co., 
4  I.  A.  C.   Dec.   112. 

510.  Partial  deafness  rendered  serioas  by 
blow  on  nose. — Where  an  employee  already 
affected  with  partial  deafness  was  struck 
on  the  nose  by  a  twenty-five-pound  chair, 
while  unloading  a  truck,  which  did  not 
knock  him  down,  render  him  unconscious, 
or  cause  his  nose  to  bleed,  but  was  followed 
almost  immediately  by  serious  deafness.  It 
was  held  that  there  was  no  causal  connec- 
tion between  the  blow  and  the  increased 
deafness. — Hampton  v.  U.  C.  Express  Co.,  5 
I.  A.  C.  Dec.   31. 

510a.  Pre  -  existing  systemic  affection 
causing  severe  headaches  accentuated  by 
injury  to  head. — Where  an  employee  sus- 
tained an  injury  to  his  head,  which  set 
into  a  disabling  form  a  pre-existing  sys- 
temic infection  causing  severe  headaches, 
it  was  held  that  the  disability  was  caused 
by  the  injury,  recovery  having  ensued  as  a 
result  of  rest  from  labor,  in  accordance  with 
the  advice  of  a  physician. — Prazler  v.  Uni- 
versal, etc.,  Co.,   5  I.  A.  C.  Dec.   179. 

511.  Acute  glancoma  caused,  and  loss  of 
vision  from  pre-existing  chronic  glaucoma 
hastened,  by  blow  on  heart. — It  was  held  in 
the  present  case  that  acute  glaucoma  was 
proximately  caused  and  loss  of  vision  pre- 
cipitated a  hastening  from  pre-existing 
chronic  glaucoma  of  the  progressive  type, 
by  a  blow  on  the  head. — Cousins  v.  Hanlon, 
4  I.  A.  C.  Dec.  97. 

512.  Rupture  of  aortic  aneurysm  from 
normal  and  usual  exertion^Pre-existing 
condition. — Where  the  death  of  an  employee 
was  caused  by  the  rupture  of  an  aortic 
aneurysm  while  he  ■was  undergoing  a  nor- 
mal and  usual  exertion  in  his  occupation, 
which  he  had  followed  for  many  years,  and 
the  evidence  showed  that  the  aneurysm  had 
been  progressing  for  a  year  and  a  half  and 
was  the  result  of  disease  and  likely  to  rup- 
ture at  any  time.  It  was  held  that  the  death 
was  not  proximately  caused  by  and  did  not 
arise  out  of  the  employment. — Anderson  v. 
De  Paoll,  4  I,  A.  C.  Dec.  82. 

513.  Death  from  pre-existing  heart  trou- 
ble following  slight  injuries. — Death  from 
pre-existing  heart  trouble  after  slight  in- 
juries held  not  to  have  been  proximately 
caused  by  the  injuries. — Bollinger  v.  Pacific, 
etc.,  Co.,  5  T.  A.  C.  Dec.  14. 

.114.  Increase  of  hernia  following  bloisv 
in  groin. — A  considerable  and  disabling  in- 
ciea.'ie   in    the   size   of  a   hernia,   following   a 


■si 

J 


•633 


MASTER  AXD   SERVANT. 


Act  2781 


■jIow  in  the  groin,  held  to  be  compensable. — 
Wardwell  v.  Ekwood  Lumber  Co.,  6  I.  A.  C. 
Dec.   52. 

515.  Depressive  InsanitTt  follovrin^  In- 
jury and  previons  predisposition. — Where 
an  employee  was  severely  burned  about  the 
neck,  back  and  arms  while  in  the  course  of 
his  employment  and  thereafter  a  mental  de- 
rangement was  noted  and  upon  becoming 
progressively  worse  he  was  legally  ad- 
mitted to  a  state  hospital  for  the  insane 
and  it  was  found  that  the  mental  derange- 
ment was  of  the  type  entitled  manic  depres- 
sive insanity  and  that  it  resulted  from  the 
injury,  it  appearing  that  the  enaployee  was 
predisposed  to  this  kind  of  mental  trouble 
and  no  other  conditions  were  shown  which 
would  precipitate  the  derangement  inde- 
pendently of  the  accident,  it  was  held  that 
the  disability  was  produced  by  the  injury. 
— Garat  v.  Pacific,  etc.,  Co.,  5  I.  A.  C.  Dec. 
181. 

516.  Recnrring:  displacement  of  semi- 
lunar cartilaj?e  resnltins  from  primary  in- 
.iury  to  knee. — Under  the  circumstances  of 
the  present  case,  it  w^as  held  that  the  re- 
curring displacement  of  the  semi-lunar  car- 
tilage resulted  from  the  primary  injury  to 
the  knee,  and  that  the  employer  was  liable 
for  disabilities  resulting  from  such  recur- 
rence.— Schultz  v.  Schmidt,  etc.,  Co.,  5 
I.   A.  C.  Dec.   191. 

517.  Rupture  of  pre-existing  pancreatic 
cyst  from  fall. — Where  a  pancreatic  cyst, 
which  might  ultimately  have  ruptured  with- 
out trauma  at  some  indefinite  time  but 
which  could  be  absorbed  by  natural  means 
and  might  never  rupture,  was  ruptured  as 
the  result  of  a  fall,  it  was  held  that  the 
employer  takes  the  employee  subject  to  his 
condition  at  the  time  of  entering  the  em- 
ployment, and  that  the  disability  was 
proximately  caused  by  and  arose  out  of  the 
employment. — Rategan  v.  Bates,  4  I.  A.  C. 
Dec.   78. 

51S.  Sarcoma  lighted  up  by  injury. — It 
was  held  in  this  case,  wliere  pre-existing 
sarcoma  was  lighted  up  by  an  injury  sus- 
tained by  an  employee,  and  thereafter  such 
employee  died  from  sarcoma  throughout  the 
body,  due  to  metastasis,  tliat  the  death  of 
the  employee  was  proximately  caused  by 
the  injury. — Schneider  v.  Norton,  4  I,  A.  C. 
Dec.   332. 

519.  Exacerbation  of  pre-existing  lung 
disease  from  inhalation  of  dust. — Bronchitis 
resulting  from  a  diseased  condition  of  the 
lungs,  exacerbated  by  inhalation  of  dust 
while  at  work,  held  to  have  been  caused 
by  the  employment. — Deichen  v.  Acme,  etc., 
Co.,  5  I.   A.   C.  Dec.  91. 

520.  Tubercular  affection  exacerbated  by 
chest  injury. — In  a  case  where  an  employee 
sustained  a  chest  injury  and  was  disabled 
by  a  tubercular  affection  of  the  lungs,  it 
was  held  that  the  chest  injury  exacerbated 
the  pre-existing  lung  affection,  and  com- 
pensation was  awarded. — Moore,  etc.,  Co.  v. 
Marks,  6  I.  A.  C.  Dec.   245. 

521.  Exacerbation  of  pre-existing  pul- 
monary tuberculosis  from  severe  strain. — 
.\  stevedore  employed  by  a  lumber  company 


experienced  exacerbation  of  pre-existing 
pulmonary  tuberculosis  following  a  severe 
strain  in  handling  a  piece  of  lumber,  and 
it  was  held  that  the  disability  was  a  proxi- 
mate result  of  the  injury. — Mendoes  v.  E.  K. 
Wood,  etc.,  Co.,   6  I.  A.  C.  Dec.   191. 

522.  Death  from  pre-existing  tumor,  fol- 
lowing injury. — The  death  of  an  employee 
from  a  tumor,  previously  existing,  shortly 
after  receiving  an  injury,  was  held  to  have 
been  proximately  caused  by  the  tumor  and 
not  the  injury. — Brady  v.  Standard  Oil  Co., 
6  I.   A.   C.  Dec.   105. 

523.  Dilation  of  saphenous  vein-^Pre- 
existing  varicosity. — Notwithstanding  pre- 
existing varicosity,  a  dilation  of  the  sa- 
phenous vein,  produced  by  a  strain  while 
engaged  in  his  work,  constituted  a  specific 
injury  w^hich  arose  out  of  and  was  proxi- 
mately caused  by  an  employment  as  a 
bolter-up  in  a  construction  plant. — Duvel  v. 
Union  Construction  Co.,   6  I.  A.  C.   Dec.   150. 

524.  Pre-existing  disability  —  Secondary 
disability  from  sliglit  injury. — Disability 
may  be  properly  ascribed  to  a  pre-existing 
condition  or  ailment  if  the  injury  is  slight. 
— Snyder  v.  Pacific,  etc.,  Co.,  3  I.  A.  C. 
Dec.  1. 

525.  Second  injury — Proximate  and  natu- 
ral result  of  original  injury. — A  second  or 
subsequently  occurring  injury  may,  under 
some  circumstances,  be  the  natural  and 
proximate  result  of  the  original  injury,  and 
not  due  to  an  intervening  cause,  and  when 
such  is  the  case  an  award  may  be  made  by 
the  commission  as  compensation  for  the 
further  disability  arising  from  such  second 
or  subsequent  injury. — Head  Drilling  Co.  v. 
Industrial  Accident  Commission,  177  Cal. 
194,   196,   170   Pac.   157. 

526.  Whether  a  second  or  subsequent  in- 
jury is  the  proximate  result  of  the  original 
injury,  or  of  an  independent  intervening 
cause,  is  a  question  of  fact  for  the  deter- 
mination of  the  commission,  and  its  conclu- 
sion must  be  sustained  if  supported  by  any 
evidence  to  justify  it  on  any  reasonable 
theory. — Head  Drilling  Co.  v.  Industrial  Ac- 
cident Commission,  177  Cal.  194,  198,  170 
Pac.   157. 

527.  Second  injury  ^vhile  recovering  from 
original  injury. — Where  an  employee  sus- 
tained a  spiral  fracture  of  the  leg,  and  three 
days  after  his  discharge  from  the  hospital 
sustained  a  second  injury,  causing  a  dis- 
placement of  the  bones,  from  the  accidental 
striking  of  the  heel  of  the  foot  of  the  in- 
jured limb  against  the  pedestal  of  a  table 
or  chair  to  prevent  himself  from  falling, 
such  second  injury  is  an  injury  proximately 
and  naturally  resulting  from  the  original 
injury  and  warranting  further  compensa- 
tion under  the  act. — Head  Drilling  Co.  v. 
Industrial  Accident  Commission,  177  Cal. 
194,  170  Pac.  157,  5  I.  A.  C.  Dec.  1  (Scott  v. 
Head  Drilling  Co.,  4  I.  A.  C.  Dec.   9). 

527a.  Additional  injury  not  in  course  of 
original  employuient,  and  not  aggravating 
first  injury. — Where  an  employee  has  sus- 
tained an  injury  by  accident  arising  out  of 
and  in  the  course  of  the  employment,  the 
commission   is   not  authorized  by   the  act   to 


Act  27 fit 


GGNKRAI.   I,A\VS. 


HVM 


award  him  compensation  for  an  additional 
Injury  sustained  by  him  afterward,  not  in 
the  course  o(  his  emplo.\nient,  by  an  acci- 
d'-nt  or  act  which  agpravated  the  first  in- 
jury and  prolonps  the  disability. — Pacific 
Coast  Casualty  Co.  v.  Pillsbury,  171  Cal. 
319.    321,    153    Pac.    24. 

H'2H.  $>rcondar>-  diHalillity — Blood  polson- 
inir.  foIlM^vlnie  nn  nrcldentnl  altrnnion  of  the 
■kin  .sufTi-rod  in  tlie  cour.se  of  the  employ- 
ment by  an  employee,  held  to  be  an  injury 
of  which  the  accident  was  the  proximate 
cause  within  the  meaning  of  tlie  workmen's 
compensation  act. — Great  Western  Power 
Co.  V.  Pillsbury,  171  Cal.  69,  U  R.  A.  1916A, 
281.   151   Pac.   1136. 

H2y.  Same-^Seoond  frnoture  of  lej?,  before 
oomplptp  recovery  from  the  flrnt. — Where 
an  employee  sustained  a  fracture  of  the  leg 
and  about  seven  weeks  later  was  discharged 
from  the  hospital  with  his  leg  still  in  a 
cast  and  three  days  thereafter  sustained  a 
triflingr  blow  upon  the  heel  of  the  injured 
leg:,  and  a  few  days  later  was  found  to  have 
sustained  a  separation  of  the  fragments  of 
the  bone  which  prolonged  his  disability,  and 
the  evidence  showed  that  such  displacement 
could  have  occurred  spontaneously  or  as  a 
result  of  the  blow  on  the  heel,  and  was  rea- 
sonably to  be  expected  and  was  natural  con- 
sidering the  character  of  the  fracture,  and 
there  was  no  evidence  of  any  independent 
intervening  cause,  it  was  held  that  the  re- 
sulting further  disability  was  proximately 
caused  by  the  original  injury. — Scott  v. 
Head  Drilling  Co.,  4  I.  A.  C.  Dec.  9. 

nSO.  Sprain  of  ankle  one  year  after  ori- 
ginal Injury. — A  sprain  of  an  ankle,  occur- 
ring over  one  year  after  injury  to  foot,  was 
held  under  the  circumstances  of  the  present 
case  to  have  been  due  to  the  original  Injury. 
— Noren  v.  Palace  Hotel  Co.,  5  I.  A.  C.  Dec. 
190. 

Ti'.M.  Sunburn  ivlille  under>;uini;  treatment 
— I'rolonKation  of  diMnltiiity. — A  burn  from 
an  intentional  exposure  of  the  Injured  part 
to  sun's  rays  during  medical  care,  thereby 
prolonging  disability,  is  not  an  independent 
intervening  cause  of  disability,  but  where 
the  prolongation  of  the  disability  was  from 
that  cause  or  mere  conjecture,  it  was  held 
that  the  whole  period  of  disability  was  com- 
pensable.— De  Barrows  v.  Bethlehem  Ship- 
building Corporation.  5  I.  A.  C.  Dec.   220. 

Ttim.  OHtronrthritlM  from  dental  nbHoennen 
— I'rolonKod  Inactivity  fncitlenlnl  to  treat- 
ment for  hernia  caumed  by  Injiir.v. — -Osteoar- 
tliritls,  due  primarily  to  absce.s.ues  in  the 
teeth  and  connected  with  the  injury  only 
through  prolonged  Inactivity  incidental  to 
treatment  for  the  hernia  caused  by  the  in- 
jury, held  not  to  be  compensable. — Ander- 
son V.  Moore  Shipbuilding  Co.,  6  I.  A.  C.  Dec. 
122. 

nnn.  Death  from  operation  folloirlni;  nec- 
ond  injury  reHultine  from  obeyinK  the  doc- 
tor'* direetionn. — Where  an  employee  sus- 
tained a  second  injury  while  obeying  the 
doctor's  instructions  to  exercise  his  leg, 
broken  In  the  first,  and  died  as  a  result  of 
an  operation  necessitated  by  such  second  in- 
jury, it  was  held  that  the  second  injury  and 


death  arose  from  the  condition  produced  by 
the  first  Injury,  and  the  commission  was  au- 
thorized to  award  compensation  for  such 
second  injury  and  death. — Shell  Co.  v.  In- 
dustrial Accident  Commission,  36  Cal.  App. 
463,  172  Pac.  611. 

r>:t.'{n.  lOryNlpelan  of  foot  reHultiiiK  from 
laocrntion  of  jjreat  toe. — Erysipelas  of  foot 
resulting  from  laceration  of  great  toe  in 
course  of  employment,  and  transferred  to 
face,  causing  death,  held  to  be  compensable. 
— Caffrey  v.  Bethlehem  Shipbuilding  Cor- 
poration, 6  I.  A.  C.  Dec.  63. 

{W4.  Death  from  facial  erytiipelaii  —  In- 
Jury  to  toe  tvhieh  became  infected. — Where 
death  occurred  from  a  facial  infection  fol- 
lowing an  Injury  to  one  of  employee's  toes 
which  became  infected,  the  cammission 
properly  found  that  the  death  was  proxi- 
mately caused  by  the  original  injury,  upon 
expert  testimony  that  the  germs  causing 
the  facial  infection  were  carried  to  the  face 
by  external  means. — Bethlehem,  etc.,  Co.  v. 
Industrial  Accident  Commission,  58  Cal. 
Dec.  421,  7  A.  L.  R.  1180,  185  Pac.  179,  6 
I.  A.  C.  Dec.  211  (Caffrey  v.  Bethlehem,  etc., 
Co.,  6  I.  A.  C.  Dec.  63). 

5.34a.  Same— Chain  of  cauMation.  —  The 
fact  that  infecting  germs  reached  the  face 
from  the  toe  by  external  means  can  not,  as 
matter  of  law,  be  said  to  have  broken  the 
chain  of  causation. — Bethlehem,  etc.,  Co.  v. 
Industrial  Accident  Commission,  58  Cal. 
Dec.  421,  185  Pac.  179,  7  A.  L.  R.  1180,  6 
I.  A.  C.  Dec.  211  (Coffrey  v.  Bethlehem,  etc., 
Co..   6  I.  A.  C.  Dec.   63). 

,'t.'{5.  Death  reNUItlngr  from  operation 
after  Neeond  injury. — Compensation  is  prop- 
erly awarded  to  the  dependents  of  a  de- 
ceased employee  who  met  his  death  from 
heart  failure  from  an  accumulation  of  gas 
in  the  stomach  after  a  surgical  operation 
required  to  adjust  a  second  fracture  of  the 
leg,  occurring  while  exercising  for  a  first 
fracture  received  in  the  course  of  the  em- 
ployment.— Shell  Co.  v.  Industrial  Accident 
Commission,  36  Cal.  App.  463,  172  Pac.  611. 
5   I.   A.  C.  Dec.   50. 

.VtO.  Continuance  of  disability  —  Death 
follo^'^lngr  second  operation. — It  was  held  in 
this  case  that  the  evidence  supported  a  find- 
ing of  the  commission  that  "a  slight  dis- 
ability consisting  of  said  sinus  and  hernia 
was  present  continually  from  the  date  of 
the  first  operation  until  the  date  of  the  sec- 
ond operation,"  notwithstanding  evidence 
that  he  returned  to  work  and  there  were  no 
visible  signs  of  continuing  trouble  with  tli'j 
surgical  wound,  and  that  he  believed  him- 
self to  be  cured. — Western  Indemnity  Co.  v. 
Industrial  Accident  Commission,  54  Cal.  Dec. 
787,  4  I.  A.  C.  Dec.  376  (Henne  v.  Hjul,  3 
I.  A.  C.  Dec.  433). 

.%.3fta.  Contlnuini;  dln:il)llity  —  Unreanon- 
able  refusal  of  niedlcal  treatment. — Where 
an  insurance  carrier  furnished  hospital 
treatment  to  an  applicant  for  the  cure  of 
a  sacroiliac  slip  and  traumatic  neurosis,  anl 
said  applicant,  over  protest  of  the  attend- 
ing physician,  discontinued  said  treatment 
and  left  the  hospital,  it  was  held  that  the 
applicant's    refusal    to    continue    said    treat- 


J  037 


MASTER  AND   SERVANT. 


Act  2781 


merit  was  unreasonable  and  proximately 
caused  any  disability  suffered  by  him  after 
he  left  the  hospital  and  that  said  insurance 
carrier  was  not  liable  for  further  indemnity 
payments  or  medi«el  treatment  thereafter, 
— Porter  v.  Morse,   4  I.  A.  C.  Dec.   355. 

536b.  Negrlect  or  refusal  of  employee  to 
procure  or  submit  to  medical  treatment. — 
Where  the  neglect  or  refusal  of  the  em- 
ployee to  demand  or  obtain  medical  treat- 
ment caused  what  might  result  in  a  slight 
disability  to  become  a  serious  disability,  it 
was  held  that  the  rights  of  the  employer 
were  defined  in  section  16(e)  of  the  act, 
rather  than  section  20,  and  it  will  be  held 
in  such  action  that  the  prolonged  disability 
was  not  proximately  caused  by  the  injury, 
but  by  a  new  cause  of  disability. — Telford 
V.  Healy-Tibbitts  Construction  Co.,  3  I.  A.  C. 
Dec.   41. 

VII.     Conditions    Avoiding    Liability    fob 
Compensation. 
1.  Excluded  employments,  a.  In  general. 

537.  Test  of   excluded  employment. 

538.  Gamekeeper. 

539.  Propagation  of  trout  for  domestic 

purposes. 

6.    Domestic  service. 

540.  Personal   attendant  tipon  adult  in- 

competent. 

541.  Housemaid  in  sanitarium. 

542.  Lodging  house  keeping. 

c.  Farm  labor. 
543,  543a.  Test  of  farm  labor. 

544.  Classification    of    farm    employees 

does    not    make    some    of    them 
artisans. 

545.  Carpenter  repairing  barn. 

546.  Carpenter — Erection  of  private  resi- 

dence  for   president   of   corpora- 
tion  engaged   in  farming. 

547.  Kanch  carpenter. 

548.  Building     fence     between     county 

highway   and    farm. 

549.  Carpenter  killed  while  building  silo. 

550.  Carpenter  constructing  ranch  build- 

ing. 

551.  Farm     traction     engine    operator's 

helper. 

552.  Eepair  of  farm  implements. 

553.  Repairing    farm    machinery    in    a 

shop   devoted  to   that  purpose. 

554.  Cutting    up    firewood    for    summer 

resort  and  vineyard. 

555.  Constructing    tunnel    between    two 

wells  supplying  a  farm. 

556.  Building  a  road  through  a  farm. 

557.  Chauffeur  driving  farm  automobile. 

558.  Ranch   hand   injured   while  unload- 

ing hay. 

d.  Horticulture. 

559.  One   employed   as   a   gardener   and 

janitor  at  a  school  house. 

560.  Janitor  and  gardener  injured  while 

pruning  tree. 

561.  Laborer   employed   to   cut   and   de- 

liver evergreens. 

562.  Nurseryman  and  gardener. 

563.  Pruning  fig  tree. 


e.     Casual    and   not    in   usual    course    of    em- 
ployer's business, 

564.  Scope  of  §  14. 

565.  Act  of  1917 — State  of  law  prior  to 

enactment. 

566.  Same — Scope  of  act. 

667.     "Casual,"  meaning  as  used  in  act 
of  1913. 

568.  Casual  employment — Test  of. 
568a.  Casual  employment. 

569.  Same— Employment    for    a    month 

not  casual. 

570.  Same — Small  job  incident  of  whole 

work. 

571.  Usual    course    of    employer's    busi- 

ness— Test  of. 

572.  Same — Repair  of  farmer's  barn. 

573.  Assisting  chambermaid — Occasional 

work — Lodging  house  proprietor. 

574.  Building  silos — Dairy  ranch. 

575.  Blasting  out  former  foundations  of 

irrigating    tanks    in    cemetery — 
Cemetery  company. 

576.  Foreman   of   building  construction, 

involving  several  months  regular 
and  recurring  labor. 

577.  Cleaning   out   cellar  of   restaurant. 

578.  Erection  of  dwelling  house,  by  day 

labor. 

579.  Fighting  fire.      Six  hours'   employ- 

ment. 

580.  House  cleaning — Sea,mstress. 

581.  Improving     property     for     chicken 

ranch — Saloon  keeper. 

582.  Person    casually   employed    to   load 

grain. 

583.  Loading   grain   in   an   emergency — 

Buyer  and  shipper  of  grain. 

584.  Nurse    attendant     on     incompetent 

person — G  uardian . 

585.  Moving  house  for  renting  purposes 

— Retired  capitalist. 
585a.  Painting    dwelling    house,    by    job, 
employer  furnishing  materials. 

586.  Plastering  house,  for  sale  by  owner, 

a  housewife. 

587.  Removal   of   shelving   from  store — 

Four  days '  work. 

588.  Renting    of    four    small    houses^ 

Housewife. 

589.  Repair  of  private  property  of  stock- 

ht)lder      of      company — Laundry 
company. 

590.  Repairing    farm    traction    engine — 

Machinist   employed  by  the   day. 

591.  Repairing  clam  shell  dredge — Con- 

tractor leasing  road  making  ma- 
chinery. 

592.  Repairing  property  rented  regularly 

and  paying  income. 

593.  Repair  of  water  heater  in  hotel. 

594.  Roustabout  laborer  of   motion  pic- 

ture   company — Rodeo    show    for 
benefit  of  Red  Cross. 

595.  Setting  well   house   on   grounds   of 

country   school — School   district. 

596.  Transporting    former    employee    to 

her  home,  at  employer's  request. 

S.  Serious  and  wilful  misconduct  of  employee. 

597.  "Wilful    misconduct"    more    than 

mere   negligence. 


Act  2781 


GKNBRAL   LAWS. 


598.  Not    a    defense    to    a    dependeut'a 

claim. 

599.  ' '  Wilful  misconduct ' ' — Meaning  of 

phrase. 

600.  Driving  automobile  at  illegal  speed. 

601.  Violation  of   blasting  permit. 

602.  Attempt  of  fifteen-year-old  boy  to 

oil    moving    machinery    while    in 
motion. 
603,  604.     Removing  obstruction  from  moving 
machinery. 

605.  Minor  attempting  to  wipe  machin- 

ery while  in  motion. 

606.  Wiping  part  of   machinery  in  mo- 

tion. 

607.  Opei-ation    of    freight    elevator    in 

violation  of  orders. 

608.  Serious    and    wilful    misconduct    of 

employee  in  disobeying  an  order 
of  his  employer  and  placing  him- 
self deliberately  in  a  place  of 
serious  danger. 

609.  Removing  safety  guard. 

610.  Brakeman     using     foot     to     align 

draw  bar  in  making  coupling. 

611.  Electric    lineman — Failure    to    use 

safety  belt,  in  violation  of  rule. 

612.  Failure  to  display  warning  signals 

on  car  in  violation -of  orders. 

613.  No  apparent  need  for  a  violation  of 

rule. 

614.  Violation    of    safety    rule    of    the 

commission. 

615.  Deviation    from    specified    route   to 

take  a  more  dangerous  one. 

616.  Failure  to  observe  safety  ruling. 

617.  Deliberate   and    intentional    failure 

to  comply  with  safety  rule. 

618.  Violation    of    rule    not    known    to 

employee. 

619.  Failure   to   obey  rules — Knowledge 

of  rules. 

620.  Failure  to  understand  order. 

621.  Violation  of  order  not  intended  or 

understood  as  safety  order. 
622, 623.     Returning    to    wrecked    steamer    in 
disobedience  of  captain 's  orders. 

624.  Entering  empty  wine  tank  without 

testing  the  atmospheric  condi- 
tions. 

625.  Same — Never  informed  as  to  dan- 

ger. 

626.  Same — Violation  of  long  established 

custom  not  formulated  into  a 
rule. 

627.  Same — Same — Knowledge     of    cus- 

tom. 
627a.  Same — Attempt  to  save  life  of  fel- 
low employee. 

628.  Involuntary     violation     of     safety 

order. 

629.  Inadvertent  failure  to  comply  with 

order. 

630.  Conduct    due    to    inadvertence    and 

inattention. 

631.  Exposure  to  specified  danger  in  dis- 

regard of  warning. 

632.  Acts  not  in  violation  of  order  and 

not  inherently  wilful  misconduct. 

633.  Foolhardy  act  of  seventeen-year-old 

boy. 


634.  Jumping  from  automobile  just  be- 

fore collision  with  train. 

635.  Driving  automobile  with  which  em- 

ployee had  no  experience. 

636.  Use  by  a  truck  driver  of  a  circular 

saw  without  permission. 

637.  Leaving   vessel   by   jumping   across 

space  of  three  and  a  half  feet 
to  dock,  instead  of  using  gang- 
plank. 

638.  Use  of  unfamiliar  machinery  with- 

out permission,  by  boy  of 
eighteen. 

639.  Act   of   mine   employee  not  wilful 

misconduct. 

640.  Gamekeeper's  acts  not  wilful  mis- 

conduct. 

641.  Use  of  unfamiliar  tool  without  per- 

mission. 

642.  Occupying  place  on  deck  of  barge 

during  voyage. 

1.  'Excluded  employments,    a.  In  general. 
537.     Test      of      excluded      employment. — • 

Where  the  nature  of  an  employee's  services 
when  injured  was  incidental  to  an  excluded 
employment,  his  rig-ht  to  compensation  will 
be  determined  by  the  latter,  and  not  by  the 
nature  of  the  incidental  employment. — 
George  v.  Wilson,  5  I.  A.  C.  Dec.   55. 

53S.  A  gamekeeper  is  not  within  the  ex- 
cluded employees  named  in  section  14  of  the 
act. — O.  L.  Shafter  Co.  v.  Industrial  Acci- 
dent Commission,  175  Cal.  522,  525,  166  Pac. 
24. 

53J).  Propasation  of  trout  for  domestic 
purposes. — The  propag-ation  of  trout  for  do- 
mestic purposes  is  not  comprised  either  in 
"farm  labor"  or  "stock  raising',"  within  the 
meaning  of  the  act  of  1917. — Krobitzsch  v. 
Industrial  Accident  Commission,  58  Cal. 
Dec.  445,  185  Dec.  396,  6  I.  A.  C.  Dec.  218 
(Starkey  v.   Krobitzsch,   6   I.   A.  C.   Dec.    61). 

6.  Domestic  service. 

540.  Personal  attendant  upon  adult  in- 
competent.— Where  a  nurse  was  employed 
as  personal  attendant  upon  an  incompetent 
person  and  lived  and  was  employed  in  the 
home  of  the  incompetent,  It  was  held  that 
while  tlie  service  might  be  "domestic,"  nev- 
ertheless such  services  were  not  household 
services  where  confined  to  the  immediate 
nursing,  feeding  and  caring  of  the  patient. 
— Brown  v.  Nunan,  4  I.  A.  C.  Dec.  51. 

541.  Housejnaid  in  sanitarium. — Under 
the  act  a  person  employed  to  do  general 
housework  as  a  maid  at  a  sanitarium,  and 
in  addition  attend  patients,  is  not  engaged 
in  an  excepted  employment,  as  an  emiiloyee 
"in  household  domestic  service." — Gernhardt 
v.  Industrial  Accident  Commission,  30  Cal. 
App.   129.   185  Pac.  307,   6  I.  A.  C.  Dec.   166. 

542.  Liodg'ing'-house  keepin.g. — The  keep- 
ing of  a  lodging  house  is  a  business  serv- 
ices in  the  course  of  which  are  neither 
household  nor  domestic.  —  Robinson  v. 
Walker,  4  I.  A.  C.  Dec.  93. 

c.    Farm  lahor. 

543.  Test  of  fnrm  labor. — If  an  employee 
on  a  farm  may  be  reasonably  classified  as 
one  engaged  in  agriculLuie,  tlic  employer  is 


1G33 


MASTER  A>D   SERVANT. 


Act  2781 


entitled  to  the  exemption  g-iven  by  the  act. 
— Miller  &  Lux,  Inc.,  v.  Industrial  Accident 
Commission,  179  Cal.  764,  7  A.  L..  R.  1191, 
178  Pac.   960,  6  I.  A.  C.  Dec.  34. 

543a.  The  question  whether  work  of  a 
given  description  is  farm  labor  is  to  be 
determined  by  its  own  character  and  from 
the  point  of  view  of  the  employee,  rather 
than  the  nature  of  the  employer's  business, 
— Perry  v.  Johnson,   4  I.  A.  C.  Dec.   163. 

544.  Classification  of  farm  employees 
does  not  make  some  of  them  artisans. — 
Where  the  work  of  farm  employees  is  clas- 
sified and  each  is  given  a  limited  rather 
than  a  diversified  duty,  that  circumstance 
alone  will  not  make  some  of  them  artisans 
rather  than  agriculturists. — Miller  &  Lux, 
Inc.,  v.  Industrial  Accident  Commission,  179 
Cal.  764,  7  A.  L.  R.  1191,  178  Pac.  960,  6 
I.   A.   C.   Dec.   34. 

545.  Carpenter  repairing'  barn. — The 
work  of  a  carpenter  in  repairing  a  barn  on 
a  farm,  is  not  farm  labor. — Perry  v.  John- 
son,  4  I.  A.  C.  Dec.  164. 

546.  Carpenter — Erection  of  private  resi- 
dence for  president  of  corporation  engag'ed 
In  farming:. — Where  a  carpenter  was  em- 
ployed by  the  president  of  a  corporation 
engaged  in  the  business  of  farming  and 
stock  raising,  to  erect  a  private  residence 
for  himself  upon  land  owned  by  the  cor- 
poration, it  was  held  tliat  the  carpenter  was 
not  engaged  in  farm  labor. — Hardwick  v. 
Armstrong,   etc.,  Co.,   4   I.  A.  C.  Dec.   109. 

547.  Ranch  carpenter. — A  carpenter  em- 
ployed on  a  ranch  to  repair  fences,  boxes 
and  parts  of  the  irrigation  system,  although 
doing  incidentally  some  small  amount  of 
farm  labor,  and  fatally  injured  while  doing 
carpenter  vrork,  was  held,  under  the  de- 
cision of  Miller  &  Lux,  Inc.,  v.  Industrial 
Accident  Commission,  179  Cal.  764,  7  A.  L.  R. 
1191,  178  Pac.  960,  6  I.  A.  C.  Dec.  34,  to  have 
been  engaged  in  farm  labor  and  defendant 
was  discharged  from  liability. — Graziani  v. 
Miller  &  Lux,  Inc.,  6  I.  A.  C.  Dec.  96. 

548.  Building  fence  bet^veen  county 
highway  and  farm. — The  work  of  building 
a  fence  between  a  farm  and  a  county  high- 
way is  farm  labor,  and  where  the  employer 
has  not  elected  to  accept  the  liabilities  im- 
posed by  the  act,  the  application  of  the  car- 
penter who  builds  the  fence  for  compensa- 
tion for  an  injury  sustained  while  engaged 
on  the  work  was  dismissed  for  want  of 
jurisdiction  —  Jenkins  v.  Rhinehart,  6 
I.   A.  C.   Dec.  180. 

549.  Carpenter  killed  while  building 
silo.^ — In  the  case  of  a  carpenter,  killed 
while  building  a  silo  on  a  dairy  farm,  it 
was  held  that  the  evidence  was  sufficient 
to  show  that  the  dairy  firm,  being  engaged 
in  a  business  expressly  exempted  from  the 
provisions  of  the  act,  elected,  as  it  waa 
permitted  to  do,  to  bring  itself  under  the 
provisions  of  the  act. — Globe,  etc.,  Co.  v.  In- 
dustrial Accident  Commission,  (Cal.  App.) 
187   Pac.   452.   6   I.   A.   C.    Dec.   262. 

550.  Carpenter  constructing  ranch  build- 
ing.— A  carpenter  engaged  in  the  construc- 
tion of  a  building  on  a  ranch  is  not  doing 
farm  labor  within  the  meaning  of  section  14 


of  the  act  of  1913. — Miller  &  Lux  v.  Indus- 
trial Accident  Commission,  32  Cal.  App.  250, 
162  Pac.  651. 

551.  Farm  traction  engine  operator's 
helper. — A  person  is  "engaged  in  general 
farm  work,  excluding  the  operation  of  farm 
machinery"  who  sustains  an  injury  resulting 
in  death,  by  being  struck  by  a  bar  attached 
to  a  disk  harrow,  being  operated  in  the 
night  time  by  an  engine,  where  the  de- 
ceased was  not  operating  the  engine  or  har- 
row, but  was  standing  in  the  field  using  a 
lantern  to  guide  such  operation. — Maryland 
Casualty  Co.  v.  Industrial  Accident  Commis- 
sion,  178  Cal.  491,  493,   173   Pac.   993. 

552.  Repair  of  farm  implements. — An 
employee  in  a  farm  labor  shop  exclusively 
devoted  to  the  repair  of  farm  implements 
but  doing  exclusively  mechanical  work,  was 
held  to  be  not  engaged  in  farm  labor  and 
not  engaged  in  an  excluded  employment 
under  the  act. — Pish  v.  Miller  &  Lux,  Inc., 
5  1.  A.  C.  Dec.  160. 

553.  Repairing  farm  machinery  In  a  shop 
devoted  to  that  purpose. — The  repairing  of 
farm  machinery  on  a  farm,  in  a  shop  de- 
voted to  such  repairs,  is  an  agricultural 
pursuit,  and  is  excluded  by  section  14  of 
the  act. — Miller  &  Lux,  Inc.,  v.  Industrial 
Accident  Commission,  179  Cal.  764,  7  A.  L.  R. 
1191,   178   Pac.    960,    6  L   A.   C.   Dec.   34. 

554.  Cutting  up  fire^'ood  for  summer  re- 
sort and  vineyard. — Where  a  general  farm 
hand  lost  the  sight  of  an  eye  from  a  flying 
wedge  which  he  had  been  driving  into  a 
stump,  such  stump  being  cut  up  for  fire- 
wood to  be  used  in  a  mountain  summer  re- 
sort and  vineyard,  the  duties  of  such  em- 
ployee being  to  cut  wood,  and  such  general 
work  as  was  required  about  a  country  re- 
sort and  vineyard,  it  was  held  that  such 
employee  at  the  time  of  his  injury  was  en- 
gaged in  farm  labor. — Boschetti  v.  Lecas  & 
Fomparon,  3  I.  A.  C.  Dec.  39. 

SS.^.  Constructing  tunnel  between  two 
wells  supplying  a  farm. — A  laborer  engaged 
in  constructing  a  tunnel  connecting  two 
wells  supplying  water  for  the  farm  prem- 
ises of  the  employers,  was  engaged  in  farm 
labor,  and  his  fatal  injury  while  so  engaged 
was  excluded  from  the  benefits  of  the  act. 
— Montgomery  v.  Pruner,  6  I.  A.  C.  Dec.  234. 

556.  Building  a  road  through  a  farm  is 
held  to  constitute  farm  labor,  and  is  within 
the  excluded  employment. — Pearson  v. 
Crandall,  6  I.  A.  C.  Dec.  259. 

557.  Chauffeur  driving  farm  automobile. 
— An  automobile  driver  performing  service 
in  driving  the  automobile  to  and  from  the 
farm  in  performing  errands  in  connection 
with  the  work  of  the  farm,  held  to  be  en- 
gaged In  general  farm  work,  and  commis- 
sion has  no  jurisdiction  to  award  compen- 
sation.— Kyser  v.  Oussani,  6  I.  A.  C.  Dec. 
148. 

S.'iS.  Ranch  hand  injured  while  unloading 
hay. — Where  a  farmer,  in  order  to  supply 
deficiency  in  the  amount  of  hay  contracted 
to  the  United  States  government,  purchased 
hay,  and  a  ranch  hand  employed  by  him  was 
injured  while  unloading  the  hay  so  pur- 
chased, it  was  held  that  at  the  time  of  sucli 


Act  '27SI 


GENERAL.   LAWS. 


1040 


injury  the  said  ranch  hand  was  engaged  in 
farm  labor. — Bingham  v.  Smith.  4  I.  A.  C. 
Dec.  106. 

d.  Horticulture. 

.wn.  One  employed  as  a  piirdener  and 
Janitor  nt  a  neliool  houne  is  not  entitled  to 
compensation  under  the  act  for  an  injury 
.sustained  while  cutting  off  the  stump  of  a 
large  limb  of  an  acacia  tree  projecting  over 
the  roof  of  the  school  house,  for  the  pur- 
pose of  removing  an  unsightly  condition 
<  reated  thereby. — George  v.  Industrial  Acci- 
dent Commission.  178  Cal.  733,  174  Pac.  653 
(George  v.  Wilson,  5  I.  A.  C.  Dec.  55). 

R61.  Laborer  employed  to  cut  and  de- 
liver evergreen*. — A  laborer  employed  to 
cut  and  deliver  evergreens  for  a  decoration 
company  was  engaged  in  a  trade  ©r  busi- 
ness distinct  and  separate  from  horticul- 
tural labor. — Pelletti  v.  Western  Evergreen 
Co.,  4  I.  A.  C.  Dec.  304. 

.•M12.  Nurseryman  and  gardener. — An  em- 
ployee worl<ing  as  a  nurseryman  an.l  gar- 
dener in  setting  out  trees  and  plants  for  the 
embellishment  of  a  townsite  is  engaged  in 
horticultural  labor  and  is  not  entitled  to 
compensation  for  an  injury  sustained  while 
so  employed. — Ruprecht  v.  Dominguez  Land 
Co.,  3  I.  A.  C.  Dec.  5. 

See,  also.  P.  P.  I.  B.  Co.  v.  Hooper,  1 
I.  A.  C.  Dec.   430. 

503.  Pruning  flg  tree. — An  employee  do- 
ing work  both  as  janitor  and  gardener  was 
not  entitled  to  compensation  for  an  injury 
incurred  while  he  was  pruning  a  fig  tree. — 
Kramer  v.  Industrial  Accident  Commission. 
31  Cal.  App.  673,  161   Pac.  278. 

e.  Ca.stial  and  not  in  tisual  course  of  em- 
ployer's  business. 

.'•04.  Scope  of  section  14. — Section  14  does 
not  except  employments  that  are  casual 
simply,  but  those  that  are  botli  casual  and 
not  in  the  usual  course  of  the  business. — 
Walker  v.  Industrial  Accident  Commission, 
177  Cal.  737,  739,  L.  R.  A.  1918F,  212,  171 
Pac.  954. 

r,(ir>.  Act  ot  1917 — State  of  law  prior  to 
enactment. — Prior  to  the  act  of  1917,  an  em- 
ployee must  be  injured  in  the  usual  course 
of  the  employer's  business,  to  entitle  him 
to  compensation. — Carter  v.  Industrial  Acci- 
dent Commission,  34  Cal.  App.  739,  168  Pac. 
1065. 

566.  Same — Scope  of  act. — The  act  of 
1917,  in  defining  "trade,  business,  profes- 
sion, or  occupation,"  did  not  extend  the 
ordinary  definition  of  those  words  appli- 
cable to  "trade  or  business,"  but  was  in- 
tended to  have  a  clarifying  effect  only  upon 
the  terms  of  the  original  enactment. — 
Lauzier  v.  Industrial  Accident  Commission, 
30  Cal.  App.  Dec.  284,  185  Pac.  870,  6  I.  A.  C. 
Dec.  194  (Wilson  v.  Lauzier,  6  I.  A.  C.  Dec. 
97. 

567.  "Casnal" — Meaning?  an  used  In  act 
of  1013. — "Casual"  as  used  In  the  act  of 
1913  means  something  which  comes  without 
regularity,  and  is  occasional  and  incidental, 
and  its  antonyms  are  "regular."  "system- 
atic," "periodic,"  "certain." — Blood  v.  Indus- 


trial Accident  Commission,  30  Cal.  App.  274. 
157  Pac.  1140. 

66S.      Casual    employment  —  Test    of. — In 

this  proceeding  the  commission  maintained 
its  rule  expressed  in  several  preceding  de- 
cisions, that  employment  lasting  longer 
than  one  week  should  not  be  considered 
casual. — Ravenscroft  v.  Packard,  3  I.  A.  C. 
Dec.   24. 

50Na.  Casual  employment  —  Employment 
for  a  job,  existing  over  a  substantial  num- 
ber of  weeks  is  not  casual. — Perry  v.  John- 
son,  4  I.  A.  C.  Dec.   163. 

500.  Same — Employment  for  a  Btonth  not 
casual. — Where  a  carpenter  was  employed 
for  a  job  which  lasted  for  a  month  before 
his  injury  and  several  weeks  after,  it  was 
held  that  his  employment  was  not  casual. — 
Perry  v.  Johnson,  4  I.  A.  C.  Dec.   163. 

570.  Same — Small  joli  incident  of  whole 
work. — A  small  job,  not  separate  but  a  part 
of  whole  work  is  not  casual. — Smith  v. 
Smyth,   5   I.  A.   C.   Dec.   94. 

571.  Usual  course  of  employer's  business 
— Test  of. — Employment  though  intermit- 
tent is  not  necessarily  casual,  and  wliere 
the  service  covers  the  normal  operations 
which  form  part  of  the  ordinary  business 
carried  on,  and  does  not  include  incidental 
and  occasional  operations  having  for  the 
purpose  the  preservation  of  the  premises  or 
the  appliances  used  in  the  business,  it  is 
within  the  purview  of  the  act. — Walker  v. 
Industrial  Accident  Commission,  177  Cal. 
737,  739,  L.  R.  A.  1918F,   212,  171  Pac.  954. 

572.  Same — Repair  of  farmer's  barn. — 
The  repair  of  a  barn  on  a  farm  where  the 
farmer  housed  his  live  stock  and  stored  his 
crop  of  grain,  was  held  to  be  an  employ- 
ment in  the  usual  course  of  the  farmer's 
business. — Perry  v.  Johnson,  4  I.  A.  C.  Dec. 
163. 

573.  Assi.<4ting  clinmbermaid  —  Occasional 
work^I^odging  hou.se  proprietor. — A  person 
occasionally  employed  to  assist  the  cham- 
bermaid in  a  lodging  house  in  keeping  the 
rooms  and  hallways  in  a  state  of  cleanli- 
ness and  good  order,  and  whose  work  was 
taking  up  carpets  and  matting,  and  clean- 
ing walls,  transoms,  w^indows  and  curtains, 
is  an  employment  in  the  usual  course  of  the 
business  of  the  employer  within  the  mean- 
ing of  section  14  of  the  act. — Walker  v.  In- 
dustrial Accident  Commission,  177  Cal.  737, 
L.  R.  A.  1918F,  212,  171  Pac.  954.  5  I.  A.  C. 
Dec.  63  (Robinson  v.  Walker,  4  I.  A.  C. 
Dec.   93). 

574.  Building  sllos — Dairy  ranch. — Silos 
for  the  storing  of  feed  for  dairy  cows  are 
essential  to  the  business  of  a  dairy  farm.  A 
carpenter  who  was  fatally  injured  by  the 
giving  way  of  a  scaffold  while  building  a 
silo,  the  property  of  the  dairy  firm  by  whom 
he  was  employed,  was  held  to  have  been 
killed  in  the  employment  in  the  regular 
course  of  business  of  his  employers. — Globe, 
etc.,  Co.  V.  Industrial  Accident  Commission, 
(Cal.  App.)   187  Pac.  452,  6  I.  A.  C.  Dec.  262. 

575.  Blasting  out  former  foundations  of 
irricrnting  tanks  in  cemetery — Cemetery  com- 
pany.— The  employment  by  a  corporation 
engaged     in     cemetery     work     of    a    person 


1641 


MASTER  AND   SERVANT. 


Act  2781 


skilled  In  the  work  of  blasting  and  in  the 
use  of  explosives  used  in  the  conduct  of 
blasting  operations  to  remove  from  the 
cemetery  property,  in  that  manner,  certain 
concrete  foundations  which  had  formerly 
supported  some  discarded  water  tanks  once 
used  in  connection  with  irrigation,  is  in  the 
ordinary  course  of  business. — Rosedale,  etc., 
Association  v.  Industrial  Accident  Commis- 
sion, 37  Cal.  App.  706,  174  Pac.  351,  5  I.  A.  C. 
Dec.  148. 

576.  Foreman  of  building  construction, 
involving  several  months'  regular  and  re- 
curring labor. — ^The  employment  of  a  car- 
penter to  act  as  foreman  over  a  number  of 
other  carpenters  over  building  construction 
involving  several  months'  regular  and  re- 
curring labor,  is  not  casual,  but  one  in  the 
usual  course  of  the  trade,  profession  or  oc- 
cupation of  his  employer,  under  the  act. — 
Miller  &  Lux  v.  Industrial  Accident  Com- 
mission,  32  Cal.  App.   250,  162  Pac.   651. 

577.  Cleaning  out  cellar  of  restaurant. — 
A  person  employed  to  clean  out  the  cellar 
of  a  restaurant,  the  work  consuming  three 
days,  was  held  to  be  casually  employed,  but 
that  it  was  in  the  usual  course  of  the  busi- 
ness of  the  resident,  and  such  person  is  not 
excluded  from  the  benefits  of  the  act. — Mc- 
Dermott  v.  Fanning,  3  I.  A.  C.  Dec.  14. 

578.  Erection  of  dwelling  house  by  day 
labor — Three  months'  employment. — A  car- 
penter employed  to  work  on  day  wages  in 
the  erection  of  a  dwelling  house  to  be  oc- 
cupied by  the  employer  and  his  family,  who, 
after  having  been  so  employed  for  about 
three  months,  and  while  engaged  in  work 
on  the  employer's  house,  sustains  injuries, 
is  entitled  to  compensation,  since  his  em- 
ployment  is  neither  casual  nor  out  of  the 
usual  course  of  the  employer's  business, 
notwithstanding  the  employment  was  not 
in  the  usual  course  of  the  trade,  business, 
profession  or  occupation  of  the  employer. — 
Armstrong  v.  Industrial  Accident  Commis- 
sion, 36  Cal.  App.  1,  171  Pac.  321,  5  I.  A.  C. 
Dec.  8  (Hardwick  v.  Armstrong,  4  I.  A.  C. 
Dec.  109). 

579.  Fighting  fire — Six  hours  employ- 
ment.— A  person  employed  for  six  hours 
in  fighting  a  fire,  and  paid  for  that  time 
and  that  service,  was  a  casual  employee,  and 
his  service  not  in  the  usual  course  of  the 
trade,  business,  profession,  or  occupation 
of  his  employer,  within  the  meaning  of  sec- 
tion 14  of  the  act. — London,  etc.,  Co.  v.  In- 
dustrial Accident  Commission,  173  Cal.  642, 
644,  161  Pac.  2. 

5S0.  House  cleaning  —  Seamstress  —  A 
housecleaner  employed  by  a  seamstress  em- 
ployed as  the  manager  of  an  apartment,  is 
held  to  be  a  casual  employee  and  the  em- 
ployment not  in  the  usual  course  of  business 
of  employer. — Lyman  v.  Lobre,  5  I.  A.  C. 
Dec.   46. 

581.  Improving  property  for  chicken 
ranch Saloonkeeper. — A  saloonkeeper,  im- 
proving property  on  which  to  raise  chick- 
ens, undertakes  a  "business"  for  the  pur- 
poses of  the  act. — Smith  v.  Smyth,  5  I.  A.  C. 
Dec.  94. 


552.  Person  casually  employed  to  load 
grain. — A  person  casually  employed  by  a 
purchaser  and  shipper  of  grain  to  load  some 
grain  on  cars,  which  the  sellers  had  not 
been  able  to  load  at  the  time  of  Its  delivery, 
was  not  entitled,  under  the  acts  prior  to 
that  of  1917,  to  compensation  for  an  injury 
sustained  while  so  engaged,  it  being  cus- 
tomary for  the  seller  to  load  the  grain,  and 
it  not  being  in  the  usual  course  of  employ- 
er's business  to  do  so. — Carter  v.  Industrial 
Accident  Commission,  34  Cal.  App.  73J,  168 
Pac.   1065. 

553.  lioading  grain  in  an  emergenc/.— 
Buyer  and  shipper  of  grain. — Under  the  act 
of  1913  prior  to  the  amendment  of  1917,  a 
person  employed  by  a  buyer  and  shipper  of 
grain  in  an  emergency  to  load  some  grain 
on  to  cars,  is  not  entitled  to  an  award  of 
compensation  for  injuries  sustained,  where 
it  is  shown  that  it  was  the  general  custom 
of  the  community  for  the  sellers  to  load 
the  grain  and  that  loading  grain  was  not 
within  the  usual  course  of  the  employer's 
business. — Carter  v.  Industrial  Accident 
Commission,  34  Cal.  App.  739,  168  Pac.  1065. 
4  I.  A.  C.  Dec.  301  (Ladd  v.  Carter,  4  I.  A.  C. 
Dec.  84). 

584.  Nurse  attendant  on  incompetent  ward 
— Guardian. — Where  a  priest  is  the  guardian 
of  the  person  of  an  adult  incompetent  and 
employs  a  nurse  to  attend  such  incompetent, 
it  was  held  that  under  the  act  service  as 
guardian  is  a  "business"  and  furnishing 
and  supervising  of  attendance  upon  such  in- 
competent ward  is  the  essential  and  con- 
tinuous and  therefore  "usual"  feature  of 
such  business  and  that  the  employment  of 
a  nurse  for  such  attendance  is  within  the 
usual  course  of  such  business. — Brown  v. 
Nunan,   4  I.  A.  C.  Dec.  51. 

585.  Moving  house  for  renting  purposes^ 
Retired  capitalist. — Where  a  retired  capi- 
talist, who  had  several  pieces  of  property 
which  he  rented,  employed  a  laborer  to 
move  a  house  with  the  intention  of  miking 
it  into  a  dwelling  house  to  be  rented,  and 
the  work  of  moving  the  building  was  ac- 
complished in  ten  days  it  was  held  that  the 
employment  of  the  laborer  was  both  casual 
and  not  in  the  usual  course  of  the  business 
of  the  employer. — Soberanes  v.  Morasci,  4 
I.  A.  C.  Dec.  352. 

SS.'a.  Painting  dwelling  house,  by  job, 
employer  furnishing  materials. — -The  act  of 
1913  does  not  include  casual  employees 
within  its  benefits,  and  one  who  is  employed 
to  put  two  coats  of  paint  on  the  house  of 
his  employer,  the  latter  to  furnish  paint 
and  painting  materials  and  the  wages  to 
be  a  per  diem  for  no  definite  period,  the 
understanding  being  that  the  job  would 
take  about  two  weeks,  was  a  casual  em- 
ployee and  not  entitled  to  compensation  for 
an  injury  sustained  during  the  first  day's 
employment. — Blood  v.  Industrial  Accident 
Commission,  30  Cal.  App.  274,  157  Pac.  1140. 
5S6.  Plastering  house  for  sale  by  owner 
A  housewife. — The  employment  of  a  plas- 
terer to  do  plastering  work  on  a  new  resi- 
dential building-  being  constructed  for 
eventual  sale  by  a  housewife  on  a  l^t  owned 


Act  2781 


GENERAL.   LA\%  S. 


1G12 


by  her,  is  not  casual,  since  it  is  in  pur- 
suance of  a  deliberate  and  desigrned  under- 
taking which  necessarily  involves  the  per- 
formance of  the  work. — Coghlan  v.  Schut,  4 
I.  A.  C.  Dec.  67. 

587.  Removal  of  shelving  from  store — 
Four  days'  work. — A  carpenter  employed  by 
a  merchant  to  remove  the  shelving  from  an 
old  store,  the  job  lasting  about  four  days, 
was  held  to  be  a  casual  employee,  and  not 
employed  in  the  usual  course  of  the  em- 
ployer's business,  and  was  excluded  from 
compensation  for  an  injury  sustained  while 
so  employed  by  section  14  of  the  act. — Sut- 
ton v.  Rabinowitz,   5  I.  A.  C.  Dec.  29. 

5SS.  Rentins  of  four  small  houses — 
Housewife. — The  renting  of  four  small 
houses  for  residence  purposes  does  not  con- 
stitute a  "business"  within  the  meaning  of 
the  act. — Lauzier  v.  Industrial  Accident 
Commission,  30  Cal.  App.  Dec.  284,  185  Pac. 
870,  6  I.  A.  C.  Dec.  194,  (Wilson  v.  Lauzier, 
6  I.  A.  C.  Dec.  97). 

5S9.  Repair  of  private  property  of  stock- 
holder of  company — I/aundry  company. — An 
assistant  to  a  carpenter  sent  by  a  laundry 
company  to  repair  private  property  of  a 
stockholder,  was  killed  while  doing  a  par- 
ticular piece  of  repair  work;  held,  the  em- 
ployment was  both  casual  and  not  in  the 
usual  course  of  the  employer's  business,  and 
the  company  was  not  liable  for  compensa- 
tion under  the  act. — La  Grande  Laundry 
Co.  v.  Pillsbury,  173  Cal.  777,  779,  161  Pac. 
988. 

590.  RepairinK  farm  traction  engine- 
Machinist  employed  by  the  day. — A  machin- 
ist engaged  to  repair  a  traction  engine  be- 
longing to  and  used  by  a  farmer  for  farm 
purposes,  employed  by  the  day  for  the  time 
necessary  for  the  particular  work  of  re- 
pairing the  machine,  is  an  employee  whose 
employment  is  both  casual  and  outside  the 
usual  course  of  his  employer's  business 
within  section  14  of  the  act,  and  he  is  not 
entitled  to  compensation  for  an  injury  sus- 
tained while  so  employed. — -Maryland  Cas- 
ualty Co.  v.  Pillsbury,  172  Cal.  748,  749,  158 
Pac.   1031. 

591.  Repairing:  clam  shell  dredgre — Con- 
tractor leasing  road  making  machinery. — A 
person  employed  by  an  individual  engaged 
in  the  business  of  leasing  road  making  ma- 
chinery, to  repair  a  clam  shell  dredge  which 
the  latter  had  acquired  from  a  contractor 
who  had  been  using  it  in  harbor  work,  and 
which  was  in  no  sense  road  making  machin- 
ery or  equipment,  is  an  employee  whose 
employment  is  both  casual  and  outside  the 
usual  course  of  his  employer's  business,  and 
for  an  injury  received  while  doing  such 
work  he  is  not  entitled  to  compensation. — 
Stansbury  v.  Industrial  Accident  Commis- 
sion, 36  Cal.  App.  68,  171  Pac.  698,  5  I,  A.  C. 
Dec.  19  (Husong  v.  Stansbury,  4  I.  A.  C. 
Dec.   168). 

593.  Repairing  property  rented  regularly 
anrt  paying  income. — Where  a  carpenter  was 
injured  while  repairing  property  belonging 
to  his  employer  and  rented  out  by  and  pay- 
ing income  to  him  with  regularity,  it  was 
held   that   the   injury   was  sustained   in   the 


course  of  the  employer's  business. — Fields 
V.  Wright,  5  I.  A.  C.  Dec.  224. 

593.  Repair  of  a  water  heater  In  a  hotel. 

— The  employment  of  a  repair  man  to  repair 
a  water  heater  in  a  hotel  is  both  casual 
and  not  in  the  usual  course  of  the  employ- 
er's business. — Manza  v.  Aymard,  4  I.  A.  C. 
Dec.    49. 

594.  Roustabout  laborer  of  motion  pic- 
ture company — Rodeo  sho>v  for  benefit  of 
Red  Cross. — Where  an  applicant  for  com- 
pensation was  employed  to  serve  as  a 
roustabout  laborer  by  a  motion  picture  com- 
pany in  the  production  of  a  rodeo  show  for 
the  benefit  of  the  Red  Cross  fund  was  in- 
jured while  feeding  steers  which  were  to 
be  used  the  next  day  in  the  rodeo,  it  was 
held  that  the  employment  was  both  casual 
and  not  in  the  course  of  the  business  of  his 
employer  within  the  meaning  of  section  8  of 
the  act  of  1917. — Burdell  v.  Douglas  Pair- 
banks,  etc..  Corporation,  5  I.  A.  C.  Dec.  120. 

595.  Setting  vrell  house  on  grounds  of 
country  school — School  district. — The  mov- 
ing to  and  setting  up  of  a  well  house  on 
the  site  of  a  new  well  on  the  grounds  of  a 
country  school  by  a  carpenter  is  both  casual 
and  not  in  the  usual  course  of  the  business 
of  tlie  school  district  controlling  such 
school.  —  Pallet  v.  Directors  of  Central 
School,   4  I.  A.  C.   Dec.   41. 

596.  Transporting  former  employee  to 
her  home  at  employer's  request. — The  insur- 
ance carrier  is  not  liable  for  the  death  of  a 
chauffeur  in  the  employ  of  the  assured, 
killed  in  an  automobile  collision  when  he 
was  engaged  in  transporting  to  her  home,  at 
the  request  of  the  manager  of  assured,  a 
young  lady  formerly  employed  by  the  latter. 
— Western,  etc.,  Co.  v.  Industrial  Accident 
Commission,  30  Cal.  App.  Dec.  191,  185  Pac. 
306,  (Cal.)  190  Pac.  37,  6  I.  A.  C.  Dec.  168 
(Millard  v.  Kennedy,   6  I.   A.  C.  Dec.  118). 

S.  Serious  and  nilfiil  misconduct  of  employee. 

597.  "Wilful  misconduct"  more  than  mere 
negligence. — "Wilful  misconduct"  involves 
something  more  than  negligence,  and  it 
does  not  even  include  every  violation  of  a 
rule. — United  States  Fidelity  &  Guaranty 
Co.  v.  Industrial  Accident  Commission,  174 
Cal.    616,    620,    163    Pac.   1013. 

598.  'Sot  a  defense  to  a  dependent's  claim. 
— Under  the  1917  amendments  to  section  6, 
subdv.  4,  the  serious  and  ■wilful  misconduct 
of  an  injured  employee  is  not  a  defense  to 
a  dependent's  claim,  whatever  the  rule 
might  have  been  prior  to  such  amendments. 
— United  States,  etc.,  Co.  v.  Industrial  Acci- 
dent Co.,   28  Cal.   App.   Dec.   157. 

599.  "Wilful  misconduct" — Meaning  of 
phrase. — Tlie  phrase  "wilful  misconduct"  in 
section  12(a3)  of  the  workmen's  compensa- 
tion act  means  something  more  than  negli- 
gence— more,  even,  than  gross  negligence. — - 
North  Pacific  S.  S.  Co.  v.  Industrial  Acci- 
dent Commission,  174  Cal.  600,  502,  163  Pac. 
910. 

600.  Driving  antomohile  at  Illegal  speed. 
— An  employee  who,  in  the  course  of  his 
employment,  was  killed  by  the  overturning 
of    an    automobile,    which    he    was    driving 


1C13 


MASTER  AND   SERVANT. 


along  the  public  highway  at  an  unlawful 
rate  of  speed,  was  guilty  of  w^ilful  miscon- 
duct, although  such  speed  was  sanctioned 
by  his  employer,  and  not  so  excessive  as 
to  amount  to  more  than  ordinary  negli- 
gence.— Fidelity,  etc.,  Co.  v.  Industrial  Ac- 
cident Commission,  171  Cal.  728,  730,  L.  R.  A. 
1916D,    903,    154    Pac.    834. 

601.  Violation  of  bla^tins  permit. — The 
violation  of  the  terms  of  a  permit  granted 
by  a  municipal  corporation  in  using  more 
than  one  stick  of  dynamite  in  each  blasting 
charge  is  not  wilful  misconduct,  in  the  ab- 
sence of  evidence  that  such  departure  from 
the  permit  regulations  either  proximately 
or  remotely  caused  the  injury. — Rosedale, 
etc.,  Association  v.  Industrial  Accident  Com- 
mission, 37  Cal.  App.  706,  174  Pac.  351,  5 
I.  A.  C.  Dec.  148. 

603.  Attempt  of  flfteen-year-old  boy  to 
oil  moving-  machinery. — A  boy  fifteen  years 
of  age,  employed  as  a  general  helper  about 
a  gold  dredger,  is  not  guilty  of  wilful  mis- 
conduct in  attempting  to  oil  the  dredging 
machinery  without  waiting  for  the  same 
to  fully  stop,  notwithstanding  he  had  been 
expressly  warned  not  to  oil  the  machinery 
while  same  was  in  motion,  w^here  such  vio- 
lation of  instructions  was  not  done  inten- 
tionally and  deliberately,  but  in  a  moment 
of  thoughtlessness  and  for  the  purpose  of 
saving  time. — Diestelhorst  v.  Industrial  Ac- 
cident Commission,  32  Cal.  App.  771,  164 
Pac.  441,  4  I.  A..  C.  Dec.  55  (Bolinger  v. 
Diestell\orst,  3  I.  A.  C.  Dec.  368). 

603.  Removing  obstruction  from  moving 
machinery. — An  attempt  to  disentangle  a 
cloth  from  moving  machinery  with  an  iron 
bar  was  held  not,  under  the  circumstances 
of  this  case,  palpably  dangerous  or  fool- 
hardy, and  not  wilful  misconduct. — Pontes  v. 
Parafflne  Paint  Co.,  5  I.  A.  C.  Dec.  54. 

604.  "Where  an  employee  of  a  box  and 
label  company,  engaged  in  feeding  a  print- 
ing press,  on  a  sudden  impulse  reached  his 
hand  into  the  press,  without  stopping  the 
machinery,  to  remove  some  sheets  of  box 
board  that  had  fallen  therein  from  the  feed 
board,  he  was  not  guilty  of  wilful  miscon- 
duct, although  in  so  doing  he  violated  a 
rule  of  his  employers. — Hyman,  etc.,  Co.  v. 
Industrial  Accident  Commission,  180  Cal. 
423,  181  Pac.  784  (Weiss  v.  Hyman,  etc.,  Co., 
5  I.  A.  C.  Dec.  71). 

605.  Minor  attempting  to  T^"ipe  moving 
machinery  ivhilc  in  motion. — Where  a  sev- 
enteen-year-old boy  employed  as  a  laborer 
in  machine  shop  was  injured  while  thought- 
lessly attempting  to  wipe  off  a  stream  of 
grease  on  moving  machinery  without  first 
stopping  the  same,  contrary  to  instructions 
on  a  sign  affixed  to  the  machine,  and  he  had 
been  given  no  instructions  in  this  respect 
by  his  superiors  except  general  safety  in- 
junctions, and  it  does  not  appear  that  he 
knew  of  the  consequences  likely  to  result 
from  disobeying  the  instructions  on  the 
sign,  it  was  held  that  he  was  not  guilty  of 
serious  and  wilful  misconduct. — Dean  v. 
Western  Pacific  Railroad  Co.,  5  I.  A.  C. 
Dec.    245. 


606.  Wiping   part    of   machine   in   motion. 

— Where  the  operator  of  a  drill  was  injured 
while  wiping  the  vertical  shaft  of  the  ma- 
chine when  in  motion,  and  on  a  sudden  im- 
pulse made  a  dive  to  stop  the  flow  of  a 
stream  of  grease  running  down  the  frame- 
work, from  the  upper  shaft,  he  was  held 
not  guilty  of  w^ilful  misconduct,  so  as  to 
bar  him  from  the  benefit  of  the  act. — West- 
ern Pacific  Rd.  Co.  v.  Industrial  Accident 
Commission,  180  Cal.  416,  181  Pac.  787  (Dean 
V.  Western  Pacific  Rd.  Co.,  5  I.  A.  C.  Dec. 
245). 

607.  Operation  of  freight  elevator  in  vio- 
lation of  orders. — Where  it  was  shown  that 
an  errand  boy,  killed  while  ascending  to 
his  place  of  employnnent  in  a  freight  ele- 
vator, had  been  expressly  warned  not  to 
ride  in  or  attempt  to  operate  the  freight 
elevators  in  the  building,  under  penalty  of 
discharge,  and  that  similar  notices  were 
posted  at  or  near  the  entrances  of  such 
elevators,  and  no  notice  of  any  disobedience 
of  this  order,  or  any  negligence  from  which 
such  knowledge  would  be  chargeable,  the 
commission  was  without  jurisdiction  to 
make  an  award  for  the  death. — Pacific  Coast 
Casualty  Co.  v.  Pillsbury,  31  Cal.  App.  701, 
162  Pac.   1040. 

608.  Serious  and  T»ilfnl  mi.sconduct  of 
employee  in  disobeying  an  order  of  his  em- 
ployer and  placing  himself  delil>erately  in 
a  place  of  serious  danger  held  to  have  prox- 
imately caused  his  injury,  and  his  compen- 
sation was  reduced  one-half. — Lindquist  v. 
Rhoads,   6  I.  A.  C.  Dec.   48. 

600.  Removing  safety  guard. — The  re- 
moval by  an  experienced  laundryman,  while 
operating  a  wringing  machine,  intention- 
ally, deliberately,  and  wilfully,  of  a  safety 
guard  placed  on  his  machine  for  his  pro- 
tection and  to  prevent  accidents  was  an  act 
of  "wilful  misconduct"  within  the  meaning 
of  section  12  (3)  of  the  act  of  1913,  so  as 
to  prevent  an  award  of  compensation  for  an 
injury  which  resulted  from  such  removal. 
— Bay  Shore,  etc.,  Co.  v.  Industrial  Accident 
Commission,  36  Cal.  App.  547,  172  Pac.  1128. 

610.  Brakeman  using  foot  to  align  draw- 
bar in  making  coupling. — The  act  of  a  rail- 
road brakeman,  while  making  a  coupling, 
in  using  his  foot  to  align  the  drawbar,  did 
not  violate  a  rule  of  the  comipany  amount- 
ing to  no  more  than  a  general  safety  rule, 
and  his  act  was  not  a  deliberate  and  wilful 
violation  of  any  positive  safety  rule  under- 
stood and  well  enforced  as  such,  and  did 
not  amount  to  serious  and  wilful  misconduct 
on  his  part. — Harmon  v.  Hines,  6  I.  A  C. 
Dec.   200. 

611.  Electric  lineman — Failure  to  use 
safety  belt,  in  violation  of  rule. — A  lineman 
who  is  supposed  to  use  a  safety  belt  while 
at  work  at  the  top  of  a  pole,  but  who  neg- 
lects to  do  so,  thereby  violating  a  printed 
rule  of  his  employer  that  a  safety  belt 
must  be  used,  and  it  appears  that  the  use 
of  the  belt  would  have  prevented  the  in- 
jury, due  to  the  employee  being  thrown  to 
the  ground  by  an  accidental  jerk  of  the 
pole,  was  held  to  have  been  guilty  of  wilful 


Act  2781 


GENERAL,   I^AWS. 


1644 


misconduct. — L-ockwood   v.   Pacific,  etc.,   Co., 

3  I.   A.   C.   Dec.    26. 

612.  Failnre  to  di-xplay  ^varning  sigrnals 
on   ear   in    violation    of   rules   of   employer. — 

The  failure  of  a  fireman  wiio  went  upon  a 
car  to  get  some  rock  to  use  in  the  course 
of  his  employment  to  display  thereon  cer- 
tain si.s:nals  required  by  the  rules  of  his 
employer  to  be  displayed,  was  not  wilful 
misconduct. — Hunt   v.    Southern    Pacific    Co., 

4  I.  A.  C.  Dec.  107. 

613.  IVo  apparent  need  for  a  violation  of 
rule. — Where  an  employee  engaged  in  ream- 
ing saddle  bolt  holes  in  a  locomotive  with- 
out putting  on  his  goggles  to  protect  his 
eyes,  used  a  chisel  to  remove  the  burrs  and 
was  struck  and  his  eye  injured,  it  was  held 
that  such  voluntary  act  was  not  within  the 
support  of  the  rule  requiring  the  use  of 
goggles,  that  there  was  no  apparent  danger 
in  the  act  without  wearing  goggles,  that 
there  was  no  deliberate  violation  of  any 
known  safety  rule  and  that  such  employee 
was  not  guilty  of  such  serious  or  wilful 
misconduct. — Hogan  v.  Los  Angeles,  etc., 
Co.,  5  I.  A.  C.  Dec.  118. 

614.  A'iolation  of  .safety  rule  of  commis- 
Hion. — A  laundry  worker  who  deliberately 
and  intentionally  removed  a  safety  guard 
on  a  machine  placed  there  for  his  protection 
in  accordance  with  the  "laundry  safety  or- 
ders" of  the  commission,  knowing  fully  its 
purpose,  having  been  engaged  in  that  line 
of  work  for  twenty  years,  was  guilty  of 
wilful  misconduct,  although  he  did  not 
thereby  violate  an  enforced  rule  or  in- 
struction of  his  employers. — Bay  Shore,  etc., 
Co.  V.  Industrial  Accident  Commission,  36 
Cal.  App.  547,  172  Pac.  1128,  5  I.  A.  C.  Dec. 
75. 

615.  Deviation  from  specified  route  to 
take  a  more  dauprerons  one. — Where  a  mes- 
senger was  instructed  by  his  employer  to 
deliver  a  package  as  quickly  as  possible, 
going  and  returning  by  a  specified  route, 
and  the  messenger  went  by  the  designated 
route  but  started  to  return  by  another  which 
was  not  inherently  more  dangerous  than 
that  designated  by  his  employer,  it  was 
held  that  the  messenger  was  not  guilty  of 
wilful  misconduct  and  that  the  injury  sus- 
tained on  the  return  journey  arose  out  of 
and  in  course  of  the  employment. — Phillips 
V.  Calif.  Special  Messenger  Service,  4  I.  A.  C. 
Dec.  28. 

616.  Failure  to  observe  safety  ruling. — 
A  machinist  in  a  can  manufactory  was  held 
to  have  been  guilty  of  wilful  misconduct 
when  he  was  injured  while  attempting  to 
remove  an  obstruction  from  a  die  which  he 
was  operating,  without  disconnecting  the 
machinery,  as  his  employer's  rules  required 
him  to  do. — Deak  v.  American  Can  Co.,  4 
I.  A.  C.  Dec.   18. 

617.  Deliberate  and  Intentional  failure  to 
comply  with  safety  rule. — A  brakeman  who 
neglected  to  use  a  fuse  in  accordance  with 
the  rules  of  the  employer,  a  violation  of 
which  rule  was  punishable  by  dismissal,  as 
a  result  of  which  a  collision  occurred  and 
he  was  injured  and  it  was  shown  that  the 
failure   to   use   the   fuse   was   deliberate   and 


intentional,  was  guilty  of  wilful  miscon- 
duct.— Throla  v.  Atchison,  etc.,  Co.,  4 
I.   A.    C.   Dec.   143. 

618.  \'iolation  of  rule  not  knovrn  to  em- 
ployee.— The  use  of  roller  skates  by  a  news- 
boy in  delivering  papers  on  his  route  did 
not  constitute  wilful  misconduct,  although 
in  violation  of  a  rule  of  his  employers,  he 
having  no  knowledge  of  such  rule,  and  it 
not  being  an  unusual  practice  by  newsboys 
to  use  roller  skates  while  engaged  in  de- 
livering papers,  and  the  use  of  roller  skates 
was  not  a  hazardous  and  uncommon  means 
of  conveyance  under  the  circumstances. — 
Batchelder  v.   Kahn,   5  I.   A.   C.   Dec.   78. 

619.  Failure  to  obey  rules — Knowledge  of 
rules. — Under  section  6,  subdivision  4,  of 
the  act  of  1917,  where  a  machinist's  helper 
voluntarily  and  intentionally  omitted  to  ob- 
tain and  use  goggles,  contrary  to  the  rules 
of  the  employer  company,  having  knowl- 
edge of  such  rules,  and  in  consequence  sus- 
tained a  serious  injury  to  his  eye  from  a 
glancing  piece  of  steel,  the  compensation  he 
would  otherwise  have  been  entitled  to  re- 
cover was  cut  in  half. — McAdoo  v.  Industrial 
Accident  Commission,  40  Cal.  App.  570,  181 
Pac.   400,   6  I.  A.   C.   Dec.   58. 

620.  Failure  to  understand  order. — Where 
an  employee  violated  an  order  of  his  fore- 
man, not  wilfully  and  deliberately,  but  be- 
cause he  did  not  understand  it,  it  is  held 
that  he  was  not  guilty  of  wilful  misconduct. 
— Gonzales  v.  Mountain,  etc.,  Co.,  5  I.  A.  C. 
Dec.   43. 

021.  Violation  of  order  not  intended  or 
uniler.stood  as  safety  order. — It  was  held  un- 
der the  circumstances  of  the  present  case 
that  the  evidence  failed  to  show  that  an  or- 
der to  stop  work  in  one  part  of  a  quarry  and 
work  in  another  part  without  any  reason 
pointed  out  or  known  to  the  laborers,  was 
intended  or  understood  to  be  a  safety  order, 
or  that  the  deceased  employee  knew  of 
any  danger  in  working  in  the  place  where 
work  had  been  stopped  and  that  therefore 
he  Avas  not  guilty  of  any  wilful  misconduct 
which  caused  his  death. — Leal  v.  Gray,  4 
I.  A.  C.  Dec.   218. 

622.  Returning  to  wrecked  steamer  in 
disobedience  of  captain's  order. — A  second 
officer  of  a  steamship  is  not  guilty  of  "wil- 
ful misconduct"  within  the  meaning  of  the 
act,  in  returning  to  the  steamer  after  the 
captain  had  ordered  the  crew  to  take  to  the 
boats,  where  the  boat  was  still  attached  to 
the  steamer  at  the  time  of  such  return,  and 
there  is  no  evidence  compelling  an  inference 
that  the  return  was  a  deliberate  and  inten- 
tional defiance  of  his  superior's  command 
in  reckless  disregard  of  his  ow^n  safety,  at 
a  time  of  greatest  peril. — North  Pacific  S.  S. 
Co.  V.  Industrial  Accident  Commission,  174 
Cal.  500,  163  Pac.  910,  4  I.  A.  C.  Dec.  76 
(Bolger  V.  North  Pacific  S.  S.  Co.,  2  I.  A.  C. 
Dec.    324). 

623.  The  second  oflicer  of  a  steamer  about 
to  strike  on  the  rocks  can  not  be  said  as 
matter  of  law  under  the  facts  of  the  case 
to  have  been  guilty  of  wilful  misconduct 
in  returning  to  the  ship  after  having,  in 
obedience   to  his  captain's  orders,   entered  a 


1645 


MASTER  AND   SERVANT. 


Act  2781 


lifeboat. — ^North  Pacific  S.  S.  Co.  v.  Indus- 
trial Accident  Commission,  174  Cal.  500,  502, 
163    Pac.    910. 

634.  Entering:  empty  wine  tank  vrithont 
testing:  tile  atmosplieric  conditions.  —  A 
workman  employed  in  a  winery  is  not 
guilty  of  wilful  misconduct  in  entering  an 
empty  wine  tank  for  the  purpose  of  clean- 
ing the  same,  without  first  testing  the  at- 
mospheric conditions  in  the  tank,  where 
there  were  no  rules  formulated  by  the  em- 
ployer prohibiting  an  employee  from  so 
entering  before  making  the  test,  and  it  is 
not  shown  that  the  employee  had  knowl- 
edge of  a  custom  among  winemakers  to 
test  the  atmosphere  of  such  a  tank  before 
entering  the  same. — United  States,  etc.,  Co. 
V.  Industrial  Accident  Commission,  174  Cal. 
616,  163  Pac.  1013,  4  I.  A.  C.  Dec.  79  (Maffla 
V.  Aquilino,  3  I.  A.  C.  Dec.  15;  Zanotti  v. 
Aquilino,  3  I.  A.  C.  Dec.  53). 

625.  Same — Never  informed  as  to  dan- 
Ker. — It  was  held  under  the  circumstances 
of  the  present  case  that  the  death  of  an 
employee  by  asphyxiation  upon  entering  an 
empty  wine  tank  without  having  first 
burned  a  candle  therein  to  determine  the 
purity  of  the  air,  and  it  does  not  appear  by 
the  evidence  that  this  employee  had  ever 
been  informed  of  such  danger,  or  that  he 
actually  knew^  of  such  risk,  or  that  he  did 
not  first  burn  a  candle  therein  before  en- 
tering, was  not  caused  by  wilful  misconduct. 
— Zanotti  v.  Aquilino  &  Lagomarsino  Co., 
3   I.  A.   C.  Dec.   53. 

626.  Same  —  Violation  of  lonj^-estab- 
lished  custom  not  formulated  into  a  rule. — 
A  workman  might  be  held  guilty  of  "wil- 
ful misconduct"  in  violating  a  custom 
crystallized  by  long  and  universal  practice 
into  a  rule  although  not  formulated  by  the 
employer  into  a  written  precept  or  a 
spoken  command. — United  States  Fidelity 
&  Guaranty  Co.  v.  Industrial  Accident 
Commission,  174  Cal.  616,  621,  163  Pac.  1013. 

627.  Same — Same — Kno^vledge  of  cus- 
tom.— An  employee  who  had  knowledge  of 
such  custom  can  not  be  held  guilty  of 
wilful    misconduct    from    his    mere    presence 

•in  the  tank,  and  in  a  dying  condition, 
where  the  circumstances  surrounding  his 
death  do  not  show  whether  or  not  he  niade 
any  test  before  entering  the  tank. — United 
States,  etc.,  Co.  v.  Industrial  Accident  Com- 
mission, 174  Cal.  616,  163  Pac.  1013,  4  I.  A.  C. 
Dec.  79  (Maflfia  v.  Aquilino,  3  I.  A.  C.  Dec. 
15;  Zanotti  v.  Aquilino,  3  I.  A.  C.  Dec.  53). 
627a.  Same — Attempt  to  save  life  of  fel- 
low employee. — An  attempt  to  save  the  life 
of  a  fellow  employee,  even  though  in- 
tensely hazardous,  is  not  willful  misconduct. 
— Maffla  V.  Aquilino,  3  I.  A.  C.  Dec.   15. 

628.  Involuntary  violation  of  safety  or- 
der.— A  violation  of  a  safety  order,  done 
involuntarily  by  reason  of  constantly  re- 
peated movements  required  by  employment, 
was  not  wilful  misconduct. — Weiss  v.  Hy- 
man,  etc.,  Co.,   5  I.  A.  C.  Dec.  71. 

629.  Inadvertent  failure  to  comply  with 
order. — Serious  and  wilful  misconduct  of 
employee  held  not  to  be  predicated  upon 
inadvertent    failure    to    wear    goggles    while 


hurrying  at  foreman's  direction  to  attend 
certain  vats  filled  with  a  strong  lye  solu- 
tion for  removing  the  skin  of  fruit,  even 
though  he  was  required  to  wear  such  gog- 
gles, and  they  were  close  at  hand  and 
would  have  protected  his  eyes  from  the 
injury  sustained. — California  Packing  Cor- 
poration V.  Larson,   6  I.  A.  C.  Dec.  41. 

630.  Conduct  due  to  inadvertence  and* 
inattention. — Where  a  delivery  man  drove 
his  employer's  automobile  along  a  road  at 
about  twenty-five  miles  an  hour,  and  was 
injured  by  being  struck  by  a  train,  al- 
though signals  indicated  that  the  train  was 
approaching,  and  just  prior  thereto  he  had 
been  driving  at  a  prudent  rate  of  speed 
and  had  crossed  other  intersecting  tracks 
and  believed  that  he  had  crossed  all  the 
tracks  in  that  vicinity,  it  was  held  that 
the  conduct  of  said  employee  was  due  to 
inadvertence  and  inattention  and  was  not 
wilful  in  character. — Employers',  etc..  Cor- 
poration V.  Elmore,  4  I.  A.  C.  Dec.  359. 

631.  Exposure  to  special  danger  in  dis- 
regard of  warning. — Where  a  dancer  was 
injured  as  a  result  of  a  filmy  dress  worn 
by  her  catching  fire  from  a  gas  stove  while 
on  her  way  to  the  stage,  it  was  held  that 
she  was  guilty  of  serious  misconduct  in 
taking  the  route  directly  by  the  stove  after 
being  warned  of  the  danger,  but  that  such 
misconduct  was  not  wilful. — Burton  v. 
Sloan,  5  I.  A.  C.  Dec.  178. 

632.  Acts  not  in  violation  of  orders 
and  not  inherently  v«-ilful  misconduct. — Acts 
of  employee  considered  and  found  not  In 
violation  of  orders  of  employer  or  inher- 
ently constituting  wilful  misconduct. — Owe 
Ming  v.  Alaska  Packers  Association,  6 
I.  A.   C.  Dec.   67. 

633.  Foolhardy  act  of  .seventeen-year-old 
boy. — An  act  of  a  seventeen-year-old  boy 
employed  in  a  printing  office  in  putting  his 
hand  into  a  paper  press  to  remove  clogged 
sheets  of  paper  while  the  machine  was  in 
motion,  although  the  employees  of  such 
shop  or  office  had  been  prohibited  from  do- 
ing the  same  thing  and  he  had  been  told  ex- 
pressly not  to  do  so,  it  was  held  that  his 
act  was  one  of  foolhardiness  and  amounted 
to  wilful  misconduct;  it  was  further  held 
that  the  act  was  so  obviously  dangerous  as 
to  amount  to  wilful  misconduct  even  in 
the  absence  of  specific  safety  rule  or  in- 
struction.— Greenleaf  v.  San  Pedro  Daily 
News,   4  I.  A.   C.  Dec.  305. 

6.34.  Jumping  from  automobile  Just  be- 
fore collision  ^vith  train. — Where  an  em- 
ployee was  riding  in  his  employer's  auto- 
mobile and  an  instant  before  a  collision 
with  a  train  he  jumped  from  the  automo- 
bile and  was  killed,  it  was  held  that  al- 
though said  act  may  have  been  unwise  or 
the  result  of  poor  judgment,  it  was  entirely 
natural  and  justifiable  under  the  circum- 
stances and  contained  no  element  of  wilful 
misconduct. — Bird  v.  Smith,  4  I.  A.  C.  Dec. 
299. 

635.  Driving  automobile  'with  which  em- 
ployee had  no  experience. — An  employee  of 
a  hardware  and  metal  company  is  entitled 
to  compensation  for  injuries   received  from 


Act  2781 


GENERAL   L,AA%'S. 


Ifr46 


a  collision  between  an  automobile,  in  which 
he  was  traveling  on  business  of  his  em- 
ployer, and  a  street  car,  notwithstanding 
the  fact  that  the  accident  was  due  to  the 
lack  of  familiarity  of  the  employee  with 
the  automobile  which  he  was  driving,  no 
orders  having  been  given  by  his  employer 
as  to  the  use  of  any  particular  automobile, 
and  the  employee  having  the  right  to  travel 
by  an  automobile  of  his  own  choosing. — 
Maryland  Casualty  Co.  v.  Industrial  Acci- 
dent Commission,  39  Cal.  App.  229,  178 
Pac.  542,  5  I.  A.  C.  Dec.  225  (Showalter  v. 
Union,  etc.,  Co.,  5  I.  A.  C.  Dec.  46). 

036.  Use  by  a  truck  driver  of  circular 
Hn^^  without  permission. — The  driver  of  a 
truck  wagon  for  a  copper  mining  company 
was  held  not  to  have  been  guilty  of  serious 
and  wilful  misconduct  in  using  a  circular 
saw  to  cut  some  side  boards  for  the  truck 
in  his  charge,  for  the  purpose  of  increasing 
its  carrying  capacity,  no  rule  forbidding 
its  use  by  him  for  that  purpose  having 
been  brought  to  his  attention. — Jordan  v. 
Calaveras  Copper  Co.,   6  I.  A.  C.  Dec.   193. 

037.  Leaviiis  vessel  by  jumpins  across 
Npace  of  three  and  a  half  feet  to  dock  io- 
.stead  of  using  the  sangplank. — Serious  and 
wilful  misconduct  can  not  be  charged  to  a 
marine  fireman  for  attempting  to  jump 
across  a  space  of  three  and  a  half  feet  from 
the  dock  to  the  barge  where  he  was  em- 
ployed, instead  of  using  the  gangplank, 
where  it  was  shown  that  he  believed, 
though  erroneously,  that  the  gangplank 
was  not  strong  enough  to  support  him.— 
Dado  V.  Standard  Oil  Co.,   6  I.   A.  C.  Dec.   9. 

638.  I'sc  of  unfamiliar  machine  without 
permission  by  boy  of  oishtcen.  —  An 
eighteen-year-old  boy  employed  as  a  helper 
at  a  stamping  machine  in  a  can  factory,  in 
the  temporary  absence  of  his  superior  in 
charge  of  the  machine,  without  experience 
in  its  operation,  without  specific  instruc- 
tions not  to  operate  it.  and  without  warn- 
ing that  it  was  dangerous  to  attempt  to  do 
so,  undertook  to  operate  it.  and  received  an 
injury  to  his  hand,  and  it  was  held  that 
he  was  not  guilty  of  serious  and  wilful 
misconduct,  and  that  the  injury  arose  out 
of  and  was  proximately  caused  by  the  em- 
ployment.— Metz  V.  American  Can  Com- 
pany. 6  I.  A.  C.  Dec.   267. 

C39.  Act  of  mine  employee  not  wilful 
misconduct. — An  employee  of  a  mine,  hav- 
ing finished  his  underground  labors  and 
while  waiting  for  a  fresh  assignment  from 
the  foreman,  was  not  guilty  of  "wilful  mis- 
conduct" within  the  meaning  of  subdivision 
3,  section  12.  of  the  act.  in  seating  himself 
in  the  shade  of  an  ore  bin  to  recuperate 
from  the  heat,  no  warning  ever  having 
been  given  against  doing  so. — Brooklyn 
Mining  Co.  v.  State  Industrial  Accident 
Commission.  172  Cal.  774,  775,  159  Pac.  162. 
640.  Gamekeeper's  acts  not  wilful  mis- 
conduct.— A  gamekeeper  engaged  in  assist- 
ing the  lessees  of  a  game  preserve  to  find 
and  kill  a  deer  can  not  be  said  to  have 
been  guilty  of  wilful  misconduct  in  pro- 
ceeding to  a  point  in  advance  of  that  agreed 
on,    nothing    appearing    to    indicate    that    he 


thus  intentionally  imperiled  his  life,  or 
recklessly  sought  the  position  of  danger 
where  he  was  killed. — O.  L.  Shatter  Co.  v. 
Industrial  Accident  Commission,  175  Cal. 
522,   526,   166   Pac.   24. 

641.  Use  of  unfamiliar  tool  without  per- 
mission.— Serious  and  wilful  misconduct  of 
employee  is  not  predicated  from  the  fact 
that  the  injured  employee,  a  seventeen- 
year-old  boy,  was  injured  while  attempting 
to  make  a  wooden  guide  for  a  saw  used  by 
him  as  a  sawyer,  it  appearing  that  other 
employees  made  such  guides,  and  that  such 
guides  would  prevent  accidents  such  as  he 
sustained. — Lucky  v.  Hammond  Lumber 
Co.,   6  I.  A.  C.  Dec.   3. 

642.  Occupying  a  place  on  deck  of  barge 
during  voyage. — On  review  of  an  award 
made  for  the  death  of  a  barge  employee  by 
falling  from  the  deck  of  the  barge  and 
drowning,  tlie  court  can  not  say  that  he 
was  acting  recklessly  and  in  defiance  of 
orders  in  occupying  the  place  on  deck  dur- 
ing the  voyage. — W.  R.  Rideout  Co.  v.  Pills- 
bury,   173  Cal.   132,   134,   159   Pac.   435. 

VIII.  Award  of  Compensation. 

1.  Compensation,     a.  In  general. 

643.  Employment  without  pay. 

644.  Failure  to  limit  award  to  two  hun- 

hundred  and  forty  weeks. 

645.  Award  in  the  alternative. 


Temporary  indemnity  —  Permanent 
disability  not  determinable. 

Further  disability. 

Termination  of  compensation — 'Re- 
fusal to  undergo  operation  justi- 
fied. 

Agreement  to  pay  compensation. 


646. 

647. 
648. 

649. 
b.  Medical  and  surgical  treatment. 

650.  Employer     bound     to     tender     on 

notice. 

651.  Written      notice      not      required  — 

Actual  knowledge  —  Information. 

652.  Liability    of    employer  —  Notice  — 

Rule  stated. 

653.  Leaving    hospital    with    employer's 

consent. 

654.  Improper    treatment    furnished    by 

employer  and  insurance  carrier. 

655.  Liability  for  treatment  procured  by 

employee. 

656.  Neglect  of  employer  and  insurance 

carrier  to  furnish. 

657.  Employer    relieved    of   liability   by 

failure  of  employee  to  afford  him 
opportunity  to  furnish  treatment. 

658.  Employer  not  liable  unless  he  has 

fair  opportunity  to  furnish  treat- 
ment. 

659.  Employer  not  liable  unless  he  neg- 

lects or  refuses  to  furnish  treat- 
ment. 

660.  Employee  did   not  afford  employer 

sufficient   opportunity   to   furnish 
treatment. 

661.  Employee    left    hospital    and    pro- 

cured   his    own    treatment.      Em- 
ployer not  liable. 


1647 


biaste:r  and  servant. 


Act  2781 


662.  Hospital  charges.     Failure  to  com- 

ply with  employer's  instructions. 

663.  Employee   not   guilty   of   unreason- 

able refusal  to  submit  to  treat- 
ment. 

664.  Unreasonable    refusal    of    employee 

to  submit  to  treatment — Offer 
must  be  peremptory  and  un- 
equivocal. 

665.  Eef usal    by    employee  —  Offer    not 

sufficiently  definite. 

666.  Kepair  of   damages  to   false   teeth 

not  medical  and  surgical  treat- 
ment. 

667.  Physician  of  applicant  presumed  to 

be  competent. 

668.  Services  of  second  physician  to  ob- 

serve operation  —  Not  compens- 
able. 

669.  Employee  not  entitled  to  reimburse- 

ment for  treatment  by  Chinese 
herb  doctor. 

670.  Treatment  by  prayer. 

671.  Surgical     operation     may     be     op- 

tional. 

672.  Hospital     treatment     not     allowed 

when  disability  becomes  definitely 
permanent. 

673.  Surgical   treatment   to   improve   an 

action — Disability  not   decreased. 

674.  "Where     large     employer     does     not 

maintain  hospital. 

675.  Employee   entitled   to   board,   lodg- 

ing, and  attendance  when  hos- 
pital not  available. 

676.  Unwarranted     recommendation    for 

surgical  operation  at  carrier's  ex- 
pense— Award  not  vitiated. 

c.  Death  benefit, 

677.  Division  of  death  benefits — Author- 

ity of  commission. 

678.  Same — Award  to  minor  children  to 

the  exclusion  of  the  wife. 

d.  Burial  expenses. 

679.  Burial  expenses  may  be  allowed  in 

addition  to  death  benefits  in  case 
of  partial  dependency. 

680.  Burial  expenses  not  an  asset  of  the 

estate. 

681.  In  case  of  part  payment  by  lodge. 

e.  Liens. 

682.  Living   expenses  —  Construction   of 

section  29. 

683.  Same — Settlement  agreement. 

684.  Same  —  Payment    of    compensation 

extinguishes  right  to  lien. 

685.  Same — Allowance  of  lien  mere  mat- 

ter of  procedure. 

686.  Same — Where    no    application    for 

compensation  filed. 

687.  Same  —  Same  —  Disappearance    of 

employee. 

688.  Same — Alimony. 

689.  Medical   services — Notice    prerequi- 

site to  claim  of  lien. 

690.  Same — Charge  against   carrier   and 

not  against  employee. 


691.  Same — Must    be    incurred    as     re- 

quired by  section  24. 

692.  Attorney's   fee — Payment   of,   may 

be  ordered  direct  to  attorney  by 
employer. 

693.  Expenses    of    burial  —  Limited    to 

$100. 

S.   Computation,    a.    Disability. 

694.  Measure  of  disability. 

695.  Percentage  of  disability,  a  question 

of  fact. 

696.  Nature,    extent,    and    duration    of 

disability. 

697.  Permanent   disability — 20   per   cent 

of  total  disability. 

698.  Same — Commission    not    bound    by 

schedule. 

699.  Same — Minor. 

700.  Same  —  Disability    that    does    not 

affect  efficiency. 

701.  Same — Child  dancer — Scar  on  arm. 

702.  Partial  permanent  disability — Juris- 

diction of  commission. 

703.  Preliminary    treatment — Compensa- 

tion for  period  of. 

704.  Damage  to  plate  of  false  teeth. 

705.  Cannery  employee  rendering  divers 

seasonal  duties. 

706.  Impairment  of  vision  due  to  wood 

alcohol. 

707.  Release  no  bar  to  subsequently  de- 

veloping disability. 

708.  Award  of  50  per  cent  compensation. 

709.  Compensation  for  vacation  period. 

710.  Employer  takes  employee  subject  to 

existing  disability. 

711.  Same — Rule   not   to  be  applied   to 

work  unjustly. 

712.  Same — ^Impossible  to  determine  ex- 

tent of  disability  due  to  pre- 
existing condition. 

713.  Same — Injury  causing  disability  by 

reason  of  weakness  from  pre- 
existing diseased  condition. 

714.  Same — When  disability  ascribed  to 

pre-existing  condition. 

715.  Occupational  disease — Police  ofiicer 

— Flat  feet  and  broken  arches. 

716.  Same— Test  of. 

717.  Same  —  Occupation    at    which    en- 

gaged at  time  of  injury. 

718.  Disability    caused    by    injury    com- 

pensable regardless  of  disability 
caused  by  disability  due  to  pre- 
existing condition. 

719.  "Further  disability." 

720.  Same — When  disability  is. 

721.  Same — New  employer  not  liable. 

722.  Same — Blindness    from    injury    to 

eye  producing  cataract. 

723.  Same— Defined. 

724,  725.     Same — Subsequent  incapacity. 

726.  Same — Subsequent  injury. 

b.  Earnings. 

727.  '  *  Neighboring    place ' ' — Transitory 

occupation. 

728.  "Days  when  so  employed." 

729.  Rate  of  wages. 

730.  Average  earnings — Standard  wages. 


Act  2781 


GENERAL  LAWS. 


1048 


731.  Average    annual     earnings — Salary 

definitely  fixed. 

732.  Same — Salary  not  definitely  fixed. 

733.  Same — Earnings  of  others  similarly 

employed. 

734.  Same — School  teacher. 

735.  Same  —  Intermittent    character    of 

work. 

736.  Same — Act  contemplates  steady  and 

permanent  employment  —  Where 
not  shown  to  exist. 

737.  Same — Seven  days  a  week  employee. 

738.  Same — Neither    employee    nor    any 

other  working  at  the  employment 
two  hundred  and  sixty  days  in 
year. 

739.  Same — Carpenters  per  diem  wages 

where  no  carpenter  in  neighbor- 
hood worked  for  whole  year. 

740.  Same — "Where  employee  worked  364 

days  in  year. 

741.  Same— " Occasional  jobs." 

742.  Same — Earnings    in    other    occupa- 

tions. 

743.  Same — "Weekly  earnings  at  normal 

wages. 

744.  Same — Average  earnings  of  election 

clerk. 

745.  Same — Part  of  wages  under  bonus 

system. 

746.  Same — Overtime. 

747.  Same — Variations  in  wages — "Wages 

for  last  two  months  taken. 

748.  Same— Same  wages  received  at  time 

of  injury. 

749.  Same — Same — Method    of    compen- 

sation. 

750.  Same — Employee  under  twenty-one 

— Expected  increase  not  consid- 
ered. 

751,  752.     Same — Same — Based   on  conditions 
at  time  of  injury. 
753.     Same  —  Same  —  Expected    increase 
may  be  considered. 

754,  755.     Same — Same — Probable  wage  after 
majority  may  not  be  considered. 

756.  Same — ^Newsboy  selling  both  morn- 

ing and  afternoon  papers  for  dif- 
ferent employers. 

757.  Same — Full   earnings   in   excess   of 

maximum. 

758.  Same — Cannery  employee  at  divers 

seasonal  duties. 

759.  Same — Bricklayer  as  volunteer  fire- 

man. 

760.  Same — Machinist  earning  wages  as 

musician. 

761.  Same — Where     no     remuneration — 

Computed  at  minimum. 

762.  Same — W^orking  as   typist   for  two 

employers — Entire  wages. 

763.  Same  —  Two       employers  —  Entire 

wages. 

764.  Same  —  Night  watchman  —  Several 

employees. 

765.  Same — "Waiter's  tips  and  allowance 

for  board,  etc.,  considered. 

766.  Student    nurse — "\''alue    of    instruc- 

tion not  considered. 

767.  Same — W'ages  definitely  fixed. 


4.  Dependency. 

768.  " Member  of  the  family." 

769.  "For  whose  support  such  husband 

was  legally  liable." 

770.  Partial       dependency   —   "Annual 

amount  devoted. ' ' 

771.  Same — Income    from    property   less 

than  expense  thereof. 

772.  Same — Rate  where  earnings  covered 

portion  of  year. 

773.  Same — Receiving   money    for   room 

rent  in  house  rented  by  employee. 

774.  Same — Where  both  father  and  son 

contributed. 

775.  Same — Part   support   from   income 

of  own  property. 

776.  Same  —  Contributions     for     entire 

year  not  necessary. 

777.  Same — Contributions   not   constant. 

778.  Disposition  of  benefit — Needs  of  de- 

pendents. 

779.  Mother    of    family   of    illegitimate 

children. 

780.  Maintenance     of     child  —  Amount 

father  ordered  to  pay. 

781.  Source  of  earnings  not  considered. 

782.  Repayments  of  debt,  not  contribu- 

tions. 

783.  Claims  of  non-resident   dependents 

— Policy  of  commission. 

784.  Support  of  non-resident  wife — Im- 

prisonment of  husband. 

785.  Same — Presumption  of  partial  sup- 

port. 
786,  787.     Same — Presumption    that    husband 
and  wife  were  "living  together." 

788.  Non-resident     widow     in     Spain — 

"Living  with"  husband  and  em- 
ployee. 

789.  Non-resident     widow      in      Italy — 

"Living  with"  husband  and  em- 
ployee. 

1.  Compensation,     a.  In  general. 

643.  Employment  without  pay. — A  "stu- 
dent" motorman  on  a  street  railway  is  an 
employee  and  Is  entitled  to  compensation 
when  injured,  although  receiving  no  pay. — 
Beatty  v.  San  Diego  Electric  Railway  Co., 
5  I.  A.  C.  Dec.   241. 

644.  Failure  to  limit  award  to  two  hun- 
dred and  forty  weeks. — An  award  of  the 
commission  is  not  open  to  objection  be- 
cause the  order  fails  in  terms  to  limit  the 
time  of  payment  to  two  hundred  and  forty 
weeks,  since  the  statute  itself  makes  that 
limitation,  and  the  order  can  not  be  effec- 
tive beyond  that  period. — Southwestern 
Surety  Ins.  Co.  v.  Pillsbury,  172  Cal.  768, 
773,   158   Pac.   762. 

645.  Award  in  the  alternative. — While 
an  award  may  be  beyond  the  powers  of  the 
commission  because  of  an  invalid  alterna- 
tive which  might  require  payment  for  sur- 
gical treatment  longer  than  ninety  days, 
yet  where  the  other  alternative  is  complete 
in  itself,  and  the  insurance  carrier  need  not 
accept  the  objectionable  alternative,  the 
latter  does  not  invalidate  the  award. — 
Southwestern  Surety  Ins.  Co.  v.  Pillsbury, 
172  Cal.  768,  773,  158  Pac.  762. 


1649 


MASTER  AND   SERVANT. 


Act  2781 


646.  Temporary  Indemnity  —  Permanent 
disability  not  determinable. — Where  the  in- 
jured employee  was  a  miner  and  perma- 
nently disabled  and  the  permanent  dis- 
ability was  not  yet  determinable  he  was 
given  a  temporary  indemnity  at  a  weekly 
rate  payable  for  permanent  indemnity. — 
Quilien  v.  Pennington  Sons,  5  I.  A.  C.  Dec. 
135. 

647.  Furtlier  disability. — An  award  for 
further  disability  is  authorized  where  the 
subsequent  injury  is  the  proximate  and 
natural  result  of  the  original  injury  re- 
ceived in  the  course  of  the  employment. — 
Head  Drilling  Co.  v.  Industrial  Accident 
Commission,  177  Cal.  194,  170  Pac.  157,  5 
I.  A.  C.  Dec.  1  (Scott  v.  Head  Drilling  Co., 
4    I.   A.   C.   Dec.    9). 

648.  Termination  of  compensation — Re- 
fusal to  undergo  operation  justified. — An 
award  is  not  subject  to  reduction  or  termin- 
ation by  a  finding  that  the  person  disabled 
can  be  relieved  by  a  surgical  operation, 
in  view  of  the  seriousness  of  the  dis- 
ability, where  others  on  finding  that  the 
employee  refused  or  was  unwilling  to  un- 
dergo the  operation  or  that  he  had  the 
means  to  pay  for  it. — Marshall  v.  Ransome, 
etc.,  Co.,  33  Cal.  App.  782,  166  Pac.  846,  4 
I.  A.  C.  Dec.  154  (Marshall  v.  Ransome,  etc., 
Co.,   2  I.  A.   C.  Dec.   304). 

649.  Agreement  to  pay  compensation. — 
As  to  the  effect  of  an  agreement  between 
injured  employee  and  employer  as  to  pay- 
ment of  disability  indemnity,  under  section 
16  of  the  act,  and  the  essentials  of  such 
agreement. — Northwestern  Pacific  Rd.  Co. 
v.  Industrial  Accident  Commission,  173  Cal. 
652,    161   Pac.    12a 

b.  Medical  and  surgical  trealment. 

650.  Employer  bound  to  tender,  on  no- 
tice.— An  employer  is  bound  to  tender 
medical  and  surgical  treatment  on  his  be- 
coming aware  of  the  injury  and  of  the 
necessity  of  medical  treatment  thereof,  and 
becomes  liable  for  the  reasonable  value  of 
the  treatment  after  the  date  of  the  notice 
of  the  injury. — Geier  v.  Myers  Darling  Hin- 
ton  Co.,   4   I.   A.   C.  Dec.   263. 

651.  Written  notice  not  required — Actual 
knovrledge  —  Information.  —  Although  the 
employer's  boss  had  no  written  notice  or 
actual  knowledge  of  the  injury  sustained 
by  the  employee,  w^here  he  was  informed 
by  other  employees  of  the  injury  and  he 
knew  that  the  employee  was  disabled,  it 
was  held  that  the  employer  had  sufficient 
opportunity  to  furnish  the  medical  treat- 
ment required  on  account  of  said  injury 
and  neglected  to  do  so. — Hopper  v.  Cuth- 
bert  Burrel  Co.,  4  I.   A.  C.  Dec.   141. 

652.  Liability  of  employer — Notice — Rule 
stated. — An  employer's  knowledge  or  notice 
of  injury  to  his  employee  must  be  such  as 
to  afford  to  the  employer  a  reasonable 
notification  of  the  need  of  medical  treat- 
ment of  the  employee's  claim  thereof  In 
order  to  make  such  employer  liable  for 
medical  treatment. — Ward  v.  Fox,  etc.,  Co.  4 
I.  A.   C.   Dec.   135. 

65.3.      Leaving     hospital     with     employer's 
Gen.  Laws — 104 


consent. — An  employer  who  consents  to  his 
employee  leaving  the  hospital  is  liable  for 
the  continued  treatment  of  such  employee, 
who  fails  to  return  to  the  hospital  because 
of  physical  inability  to  travel. — Fernandez 
v.  Mountain  Copper  Co.,  5  I.  A.  C.  Dec.   110. 

654.  Improper  treatment  furnished  by 
employer  and  insurance  carrier. — It  was 
held  in  the  present  case  that  the  refusal 
of  the  employer's  physician  to  permit  the 
employee  to  go  elsewhere  for  treatment 
was  unjustifiable,  and  having  gone  else- 
where on  account  of  improper  treatment, 
the  employer  must  pay  the  full  medical  bill. 
— Campbell  v.  "White  Lumber  Co.,  3  I.  A.  C. 
Dec.    33. 

655.  Liability  for  consequences  of  treat- 
ment procured  by  employee. — Although  an 
insurance  carrier  is  discharged  from  lia- 
bility for  the  cost  of  treatment  procured  by 
an  injured  employee  after  his  refusal  to 
accept  the  treatment  tendered  by  the  in- 
surance carrier,  the  latter  is  not  thereby 
discharged  from  liability  for  the  conse- 
quences of  the  treatment,  provided  said 
treatment  is  adequate  as  a  matter  of  law. — 
Silveira  v.  Grayson,  etc.,  Co.,  4  I.  A.  C.  Dec. 
229. 

656.  Neglect  of  employer  and  insurance 
carrier  to  furnish  treatment. — Facts  in  the 
instant  case  held  to  warrant  the  conclusion 
that  the  employer  and  insurance  carrier 
neglected  to  provide  the  surgical  treatment 
reasonably  required,  and  that  the  employee 
did  not  lose  his  right  to  hold  the  carrier 
liable  for  the  services  of  his  family  phy- 
sician, under  section  15(a)  of  the  act. — 
Massachusetts,  etc.,  Co.  v.  Pillsbury,  170 
Cal.   767,   770,   151   Pac.   419. 

657.  Employer  relieved  of  liability  by 
failure  of  employee  to  afford  him  oppor- 
tunity to  furnish  treatment. — The  failure 
of  an  injured  employee  to  afford  to  his 
employer  opportunity  to  provide  medical 
treatment,  relieves  the  employer  from  the 
obligation  to  furnish  such  treatment  dur- 
ing the  time  such  opportunity  was  denied, 
but  does  not  exempt  the  employer  from  ten- 
dering treatment  as  soon  as  he  has  an 
opportunity  to  do  so. — Geier  v.  Myers  Darl- 
ing Hinton  Co.,  4  I.  A.  C.  Dec.   263. 

658.  Employer  not  liable  unless  he  has  fair 
opportunity  to  furnish  treatment. — Where 
an  employer  did  not  have  a  fair  oppor- 
tunity to  furnish  the  required  medical 
treatment  after  learning  of  the  injury,  he 
was  held  not  liable  for  the  employee's 
medical  expenses. — Gant  v.  Kraft,  4  I.  A.  C. 
Dec.   339. 

659.  Employer  not  liable  unless  he  neg- 
lects or  refuses  to  furnish  treatment. — Un- 
der the  requirements  of  section  15(a)  of 
the  act,  the  employer  has  the  right  to 
designate  and  select  the  physicians  who 
are  to  give  treatment  to  the  employee  and 
the  latter  is  authorized  to  make  his  own 
selection  at  the  expense  of  the  employer 
only  where  the  latter  has  neglected  or 
refused  to  supply  the  necessary  services. — 
Leadbettor  v.  Georgia  Casualty  Co.,  179  Cal. 
468,  177  Pac.  449,  5  I.  A.  C.  Dec.  233  (S.  C. 
26  Cal.  App.  Dec.  1268,  5  L  A.  C.  Dec.  143). 


Act  2781 


GENERAL   LAWS. 


1C50 


(5«0.  Employee  did  not  nflford  employer 
RufHclent  opportnnity  to   furnish   treatment. 

— It  was  held  in  the  present  case  that  the 
injured  employee  did  not  afford  his  em- 
ployer a  sufficient  opportunity  to  furnish 
the  required  medical  treatment  and  that 
such  employer  was  not  liable  for  the  cost 
of  the  treatment  procured  by  the  applicant. 
— Ward  V.  Fox,  etc.,  Co.,  4  I.  A.  C.  Dec.  135. 

<J6J.  Employee  left  hospital  and  prooured 
his  o^vn  treatment— Employer  not  liable. — 
Where  an  injured  employee,  while  under 
treatment  by  a  physician  and  at  a  hospital 
supplied  by  the  insurance  carrier,  abandons 
such  treatment  without  adequate  cause  or 
justification,  and  without  the  knowledge  of 
the  insurance  carrier,  and  procures  other 
hospital  and  medical  treatment  at  his  own 
Expense  with  the  employer's  consent,  it  is 
held  that  notwithstanding-  such  consent,  the 
insurance  carrier  is  not  liable  for  the  ex- 
pense of  such  medical  and  hospital  charges. 
— Spring  V.  J.  G.  Miller  Co.,  3  I.  A.  C.  Dec.  4. 

663.  Hospital  charges — Failure  to  com- 
ply Tvith  employer's  Instructions. — Where 
the  injured  employee  was  directed  by  his 
employer's  physician  to  go  to  a  certain 
hospital  and  the  address  given  him,  and  the 
employee  went  to  a  different  hospital,  the 
commission  therefore  refused  to  make  an 
award  covering  hospital  charges,  since  un- 
der such  circumstances  no  neglect  or  re- 
fusal on  the  part  of  the  employer  to  furnish 
hospital  services  is  shown,  which  is  a  re- 
quirement to  such  an  award. — Cella  v.  In- 
dustrial Accident  Commission,  38  Cal.  App. 
760,    177   Pac.   490,   5  I.  A.   C.   Dec.    206. 

663.  Employee  not  guilty  of  unreason- 
able refu.sal  to  submit  to  treatment. — It  was 
held  in  the  present  case  that  the  injured 
employee  was  not  guilty  of  an  unreasonable 
refusal  to  submit  to  medical  treatment. — 
Anderson  v.  Pacific,  etc.,  Co.,  4  I.  A.  C.  Dec. 
203. 

664.  Unreasonable  refusal  of  by  em- 
ployee to  submit  to  medical  treatment^ 
Offer  must  be  peremptory  and  unequivocal. 
— To  constitute  an  unreasonable  refusal  to 
submit  to  medical  treatment  as  that  term 
is  used  in  section  16(e)  of  the  act,  the  ten- 
der of  treatment  must  be  both  peremptory 
and  unequivocal  and  must  be  so  understood 
by  the  injured  employee. — Anderson  v.  Pa- 
cific,  etc..   Co.,   4   I.   A.   C.   Dec.   203. 

665.  Refusal  by  employee — Offer  not  suf- 
ficiently definite. — It  was  held  in  the  pres- 
ent case  that  the  offer  of  medical  treatment 
was  not  sufficiently  definite  to  constitute 
the  employee's  failure  to  accept  the  same 
an  unreasonable  refusal  to  submit  to  medi- 
cal treatment  tendered  by  the  employer. — 
Norton  v.  City  of  Oakland,  4  I.  A.  C.  Dec. 
231. 

666.  Repair  of  damasre  to  false  teeth  not 
medical  and  surgical  treatment. — Repair  of 
damage  to  false  teeth  is  not  medical  and 
surgical  treatment  required  to  be  furnished 
by  the  employer,  though  the  furnishing  of 
artificial  teeth  where  such  Is  rendered  nec- 
essary by  an  injury  is  so  required. — De 
Witt  v.  California  Highway  Commission,  5 
I.  A.  C.  Dec.  140. 


667.  Physician  of  applicant  presumed  to 
be  competent. — The  commission  can  not. 
in  the  absence  of  convincing  testimony, 
presume  that  if  the  employee  had  been  in 
the  hands  of  a  physician  furnished  by  the 
defendants  he  would  have  been  more 
quickly  cured  than  if  in  the  hands  of  any 
other  surgeon  authorized  to  practice  his 
profession  in  this  state. — Telford  v.  Healy- 
Tibbitts,  etc.,  Co.,  3  I.  A.  C.  Dec.  41. 

668.  Services  of  second  physician  to  ob- 
serve operation — Not  compensable. — A  phy- 
sician called  in  by  an  employee  to  observe 
an  operation  made  necessary  by  hernia  sus- 
tained in  course  of  employment,  and  the 
applicant  at  the  suggestion  of  his  physi- 
cian had  present  a  second  physician  to 
observe  the  operation  in  order  to  be  able  to 
give  testimony  as  to  the  nature  of  the 
hernia  if  necessary,  it  was  held  not  to  be 
compensable  for  medical  services  within 
the  meaning  of  the  term  as  employed  in 
the  act. — Belter  v.  Rosenberg,  etc.,  Co.,  4 
I.   A.   C.   Dec.   94. 

669.  Employee  not  entitled  to  reimburse- 
ment for  treatment  by  Chinese  herb  doctor. 
— An  injured  employee  is  not  entitled  to 
reimbursement  for  the  expense  of  treatment 
by  a  Cliinese  herb  doctor  who  is  not  licensed 
to  practice  medicine. — Knock  v.  Reliance, 
etc.,  Co.,   4  I.  A.  C.  Dec.  181. 

670.  Treatment  by  prayer. — Where  an 
employee  sustained  a  muscular  strain  and 
consulted  a  healer  who  made  no  diagnosis 
and  used  no  drugs  or  mechanical  appliances 
in  healing,  but  who  healed  by  prayer  and 
the  laying  on  of  hands  and  who  was  not 
licensed  by  the  state  medical  board  to  prac- 
tice medicine  in  this  state,  it  was  held  that 
such  treatment  does  not  constitute  medical 
treatment  within  the  meaning  of  the  act 
and  that  the  defendants  were  not  liable  for 
the  cost  thereof.  —  Miller  v.  Boos  Bros. 
Cafeteria,  4  I.  A.  C.  Dec.  388. 

671.  Surgical  operation  may  be  optional. 
— An  order  requiring  a  surgical  operation 
may  be  optional  vk^here  there  is  a  likeli- 
hood but  no  certainty  of  improvement  of 
condition. — Hughes  v.  Northwestern,  etc., 
Co.,  5  I.  A.  C.  Dec.  137. 

672.  Hospital  treatment  not  alIoT\-ed 
when  disability  becomes  definitely  perma- 
nent.— Where  the  evidence  showed  that  the 
injured  employee's  disability  had  become 
definitely  permanent  and  that  recovery  or 
further  improvement  would  not  result  from 
further  medical  treatment,  it  was  held  that 
further  hospital  treatment  was  not  allowed 
under  the  act. — Employers',  etc..  Corpora- 
tion  v.   Elmore,    4   I.   A.   C.   Dec.    359. 

673.  Surgrlcal  treatment  to  improve  con- 
dition— Disability  not  decreased. — An  em- 
ployer may  be  ordered  by  the  commission 
to  furnish  a  permanently,  totally  disabled 
employee  with  surgical  treatment  where 
the  same  may  improve  his  physical  condi- 
tion, although  the  same  may  not  decrease 
disability. — United  States,  etc.,  Co.  v.  Sil- 
vestro,  5  I.  A.  C.  Dec.  161. 

674.  Where  large  employer  does  not 
maintain  hospital. — In  every  case  where  a 
large    employer    has    provided    no    adequate 


1651 


MASTER   AND   SERVANT. 


Act  2781 


hospital  facilities  for  serious  cases,  the 
commission  will  sanction  the  taking-  of  such 
injured  person  out  of  the  hands  of  the 
physician  of  the  employer  and  placing  him 
in  a  proper  hospital  and  under  the  care  of 
a  proper  physician. — Campbell  v.  "White,  etc., 
Co.,   3   I.   A.   C,   Dec.   33. 

S75.  Employee  entitled  to  board.  lodging 
and  attendance  T\'hen  hospital  not  available. 
— Where  a  hospital  is  not  available,  the  in- 
jured employee  is  entitled  to  equivalent 
board,  lodging  and  attendance. — Casler  v. 
Byrne,   5  I.  A.  C.  Dec.   224. 

676.  Unwarranted  recommendation  for 
surgical  operation  at  carrier's  expense- 
Award  not  vitiated. — An  award  of  compen- 
sation made  by  the  commission  is  not 
vitiated  because  it  contains  an  unwarranted 
recommendation  that  the  insurance  carrier 
offer  to  the  injured  employee  to  pay  the 
cost  of  a  surgical  operation  for  the  purpose 
of  reducing  its  liability,  and  that  the  em- 
ployee accept  the  offer,  as  the  same  may  be 
disregarded  like  any  other  gratuitous  sug- 
gestion or  recommendation. — Marshall  v. 
Ransome  Concrete  Co.,  33  Cal.  App.  782,  166 
Pac.  846,  4  I.  A.  C.  Dec.  154  (Marshall  v. 
Ransome,  etc.,  Co.,  2  I.  A.  C.  Dec.  704). 

c.  Death  benefit. 

677.  Division  ot  death  benefits — Author- 
ity of  conunission. — Under  the  provision  of 
section  19(a)(3)  the  commission  may  award 
a  death  benefit  on  the  dependents  of  a  de- 
ceased employee  in  such  manner  as  may  be 
in  proportion  to  their  respective  needs  and 
just  and  equable. — Perry  v.  Industrial  Acci- 
dent Commission,  54  Cal.  Dec.  743,  4  I.  A.  C. 
Dec.  370  (Perry  v.  Fresno  Herald,  4  I.  A.  C. 
Dec.  110). 

678.  Division  of  death  benefit — Award  to 
minor  children  to  exclusion  of  v»'ife. — An 
award  of  the  entire  death  benefit  to  the 
minor  children — issue  of  a  union  with  a 
woman  to  whom  he  was  not  married,  but 
with  whom  he  lived  for  three  years  prior 
to  his  death — to  the  exclusion  of  his  wife, 
from  whom  he  had  been  separated  for  sev- 
eral years,  and  who  was  pressing  a  claim 
for  a  divorce  from  him  without  any  pro- 
vision for  support,  is  not  an  abuse  of  dis- 
cretion.— Perry  v.  Industrial  Accident  Com- 
mission, 54  Cal.  Dec.  743,  4  I.  A.  C.  Dec.  370 
(Perry  v.  Fresno  Herald,  4  I.  A.  C.  Dec. 
110). 

d.  Burial  expenses. 

679.  Burial  expenses  may  be  allowed  In 
addition  to  death  benefits  in  case  of  partial 
dependency. — Where  the  employee  leaves 
persons  partially  dependent  upon  him,  the 
cost  of  burial  may  be  allowed  in  addition  to 
the  death  benefit  awarded,  while  in  cases 
of  total  dependency  such  cost  may  not  be 
allowed  in  addition  to  the  death  benefit. — 
Northern,  etc.,  Co.  v.  Industrial  Accident 
Commission,  34  Cal.  App.  2,  166  Pac.  828,  4 
I.   A.   C.  Dec.   173. 

6S0.  Burial  expenses  not  an  asset  of  the 
estate. — The  administrator  of  the  estate  of 
a  deceased  employee  without  dependents 
has  a  claim  for  the  payment  to  him  exclu- 
sively   for    the    burial   expenses   and   not   as 


an  asset  of  the  estate  generally. — Reed  v. 
San   Diego,   etc.,   Co.,   4  I.   A.   C.   Dec.   40. 

651.  In  case  of  part  payment  by  lodge. — 

Wliere  a  deceased  employee's  lodge  paid  a 
part  of  his  burial  expense,  the  dependent 
is  entitled  to  payment  for  the  balance  due 
over  the  lodge's  contribution. — Hitzelberger 
V.  Rolph,  etc.,  Co.,   5  I.  A.  C.   Dec.   123. 

e.  Liens. 

652.  Living  expenses^Construction  of 
section  39. — The  payment  of  disability  In- 
demnity mentioned  in  section  29(b)(3)  re- 
fers to  a  first  payment  of  disability  indem- 
nity and  the  amount  thereafter  to  be  paid 
mentioned  in  section  29(c)  refers  to  the 
amount  of  compensation  due  and  which  re- 
mains unpaid. — Pankey  v.  Western,  etc., 
Co.,  4  I.  A.  C.  Dec.  158. 

653.  Same  —  Settlement  agreement.  — 
Where  pursuant  to  settlement  agreement 
and  before  approval  of  the  same  by  the 
commission,  compensation  was  paid  for  the 
full  amount  of  the  applicant's  estimated  dis- 
ability and  liens  were  thereafter  filed  for 
tlie  reasonable  value  of  living  expenses  of 
the  injured  employee,  said  liens  were  denied 
and  the  settlement  agreement  was  approved. 
— Pankey  v.  Western,  etc.,  Co.,  4  I.  A.  G. 
Dec.  159. 

654.  Same— Payment  of  compensation  ex- 
tinguishes right  to  lien. — Payment  of  com- 
pensation extinguislies  the  right  to  file  a 
lien  for  the  reasonable  value  of  living  ex- 
penses of  an  injured  employee  against 
compensation  thereafter  payable. — Pankey 
v.   Western,  etc.,  Co.,   4  I.   A.  C.  Dec.  158. 

68.5.  Same^Allowance  of  Hen  mere  mat- 
ter of  procedure. — The  allowance  of  the 
lien  contemplated  by  section  24(b)(5)  of 
the  act  of  1917,  by  the  wife  of  an  injured 
employee,  for  the  amount  of  reasonable 
living  expenses  for  herself  and  minor  chil- 
dren, upon  the  ground  that  her  husband  had 
deserted  her  and  was  neglecting  his  family, 
is,  when  the  employee  files  his  written  con- 
sent, a  mere  matter  of  procedure,  and  there- 
fore, under  section  73,  the  lien  can  be 
allowed  after  January  1,  1918,  against  com- 
pensation due  for  an  injury  occurring  be- 
fore.— Jensen   v.   Jensen.   5   I.   A.   C.   Dec.    45. 

686.  Same — Where  no  application  for 
compensation  filed. — Where  no  application 
for  compensation  on  account  of  injury  had 
been  filed,  no  award  made  and  no  liability 
therefor  admitted  either  by  employer  or 
by  insurance  carrier,  it  was  held  that  the 
commission  was  without  jurisdiction  to  al- 
low a  lien  for  hospital  treatment  furnished 
to  the  injured  employee's  wife  at  his  re- 
quest, and  for  her  board  and  room. — Harvey 
v.  McNeil,  5  I.  A.  C.  Dec.  112. 

687.  Same — Same — Disappearance  of  em- 
ployee.— Under  the  provisions  of  section  17 
of  the  act  of  1917,  the  commission  has  juris- 
diction of  a  claim  of  a  wife  for  a  lien  upon 
the  compensation  due  an  injured  employee, 
for  living  expenses,  and  where  such  em- 
ployee, after  the  injury,  disappeared  with- 
out applying  for  or  receiving  compensation, 
and  his  whereabouts  were  unknown,  the 
commission,   after    publication    of    notice   of 


Act  2781 


G£:nii:ral  laws. 


1C52 


the  wife's  claim  under  section  412,  Code  of 
Civil  Procedure,  as  provided  in  section 
17(a)  of  the  act,  allovv^ed  the  lien  asked 
for. — Schaeffer  v.  California,  etc.,  Co.,  6 
I.  A.  C.  Dec.   266. 

688.  Same — Alimony. — Under  the  pro- 
visions of  section  24(b)(5)  a  lien  was  al- 
lowed a  divorced  wife  for  back  alimony 
due  under  an  agreement,  without  an  appli- 
cation and  award  to  the  injured  husband. — 
Harrison  v.  London,  etc.,  Co.,  5  I.  A.  C.  Dec. 
29. 

689.  Medical  services  —  Notice  prereq- 
nlnite  to  claim  of  lien. — Under  section  29 
of  the  act  the  notice  is  a  prerequisite  to 
the  claim  of  lien  of  the  physician  or  other 
purpose  for  services  in  treating  the  injured 
employee. — Pacific  Coast  Casualty  Co.  v. 
Pillsbury.   171   Cal.   319,   325,   153   Pac.  24. 

600.  Same — Charge  against  carrier  and 
not  against  employee. — Where  an  injured 
workman  was  talven  by  a  fellow  employee 
to  a  physician  and  the  physician  informed 
the  insurance  carrier  of  the  injury  and  of 
his  treatment,  and  afterwards  made  his 
charge  against  the  carrier  for  his  services 
and  not  against  the  employee,  it  was  held 
that  the  commission  was  without  jurisdic- 
tion to  award  a  lien  to  such  physician,  the 
matter  being  a  question  of  contract  be- 
tween the  physician  and  the  employer. — 
Paul  V.   Johnson   Bros.,   3  I.   A.  C.  Dec.   32. 

691.  Same — Must  be  incurred  as  is  re- 
quired by  section  24. — Medical  expense  in- 
curred by  employer  not  allowed  as  a  lien 
against  compensation,  where  not  incurred 
as  required  by  section  24  of  the  act  of  1917, 
although  the  reasonable  value  of  services 
rendered  was  awarded. — Abele  v.  Spenson, 
6   I.   A.   C.   Dec.    22. 

692.  Attorney's  fee — Payment  of.  may  be 
ordered  direct  to  attorney  by  employer. — 
In  order  to  make  effective  the  lien  of  the 
attorney  provided  for  in  section  29(b)  of 
the  workmen's  compensation  act,  the  com- 
mission may  adopt  the  method  of  ordering 
the  amount  allowed  as  a  fee  to  be  paid  di- 
rectly by  the  employer  to  the  attorney. — 
North  Pacific  S.  S.  Co.  v.  Industrial  Accident 
Commission,   174  Cal.   500,   504,   163   Pac.   910. 

693.  E^xpenses  of  burial — Limited  to  !|tlOO. 

— The  cost  of  a  burial  lot  and  transporta- 
tion of  the  remains  can  only  be  allowed  as 
a  lien  when  their  cost  comes  within  $100, 
nevertheless,  on  the  request  of  the  person 
entitled  to  the  death  benefit,  the  commis- 
sion will  order  the  payment  of  more  than 
$100  direct  to  the  undertaker. — Sigman  v. 
Columbia,  etc.,  Co.,  3  I.  A.  C.  Dec.  2. 

2.  Computation,     a.  Disability. 

694.  Measure  of  disability. — The  ability 
of  the  workman  to  do  the  exact  work  on 
which  he  was  employed  at  the  time  of  the 
injury  is  not  the  sole  measure  of  disability, 
but,  under  the  provisions  of  subdivision  2 
[7],  section  l5,  of  the  act,  account  should  be 
taken  of  the  nature  of  the  physical  injury 
or  disfigurement,  the  occupation  of  the  in- 
jured employee  and  his  age  at  the  time  of 
the  injury. — Frankfort  G.  Ins.  Co.  v.  Pills- 
bury,  173  Cal.  56,  58,  159  Pac.  150. 


62.".  Percentage  of  disability,  a  question 
of  fact. — The  percentage  of  disability  in 
the  case  before  it  is  a  matter  to  be  deter- 
mined by  the  commission  in  the  exercise  of 
its  sound  discretion,  based  upon  a  fair  view 
of  all  the  circumstances,  and  its  conclusion 
in  a  matter  is  tlie  determination  of  a  ques- 
tion of  fact,  and  is  not  subject-to  review  by 
the  courts  unless  palpably  contrary  to  the 
undisputed  evidence. — Frankfort  G.  Ins.  Co. 
v.  Pillsbury,  173  Cal.  56,  59,  159  Pac.  150. 

696.  Nature,  extent  and  duration  of  dis- 
ability.— Wliere  an  employee  was  suffering 
from  the  initial  stages  of  glaucoma,  which 
would  after  an  indefinite  period  have  pro- 
duced total  blindness  independently  of  any 
injury,  and  he  sustained  an  Injury  which 
precipitated  acute  glaucoma  and  hastened 
the  inevitable  condition  of  total  blindness, 
it  was  held  that  the  disability  was  tempo- 
rary and  total  and  that  the  period  of  dis- 
ability proximately  caused  by  the  injury 
was  the  period  during  which  vision  would 
have  remained  if  there  had  been  no  injury. 
— Cousins  V.  Hanlon,  4  I.  A.  C.  Dec.  97. 

697.  Permanent  disability — 20%  of  total 
disabilit?'. — Where  a  carpenter  suffered  the 
loss  of  a  kidney  as  a  result  of  a  fall,  which 
prevented  him  from  performing  the  stren- 
uous work  of  a  carpenter,  he  was  held  to 
have  sustained  a  permanent  disability,  al- 
though the  remaining  kidney  was  normal 
and  performing  the  functions  of  both  kid- 
neys, and  such  permanent  disability  equaled 
20  per  cent  of  the  total  disability. — Fraser 
V.  Healy-Tibbetts,  etc.,  Co.,  4  I.  A.  C.  Dec. 
242. 

698.  Same — Commission  not  bound  by 
schedule. — Where  the  circumstances  of  a 
special  case  indicate  that  the  rating  appear- 
ing in  the  schedule  published  by  tlie  com- 
mission, as  respects  a  certain  kind  of  per- 
manent disability,  is  too  low,  or  where  the 
testimony  shows  that  the  framers  of  such 
schedule  made  an  underestimate  as  regards 
a  certain  class  of  permanent  disability,   the 

commission  will  not  be  bound  by  such  sched- 
ule but  will  rate  such  disability  upon  the 
basis  indicated  by  the  evidence  to  be  proper. 
— Lee  v.  Pacific,  etc.,  Co.,  3  I.  A.  C.  Dec.   28. 

699.  Same — Minor. — A  ripsawyer  at  the 
age  of  nineteen  years,  who  received  a  per- 
manent injury  to  the  right  eye,  was  en- 
titled to  compensation  under  section  12(c) 
of  the  act  of  1917,  computed  upon  the  prob- 
able wages  which  he  would  have  received 
at  the  time  he  would  become  a  journeyman 
brakeman,  to  the  end  that  the  injured 
brakeman  may  not  be  compensated  on  the 
injury  on  the  basis  of  a  boy's  wages. — Pa- 
cific Manufacturing  Co.  v.  Pasquinelli,  5 
L  A.  C.  Dec.  184. 

700.  Same — Disability  that  does  not  af- 
fect efficiency. — The  loss  by  an  electric  line- 
man, as  a  result  of  an  industrial  injury,  of 
the  senses  of  taste  and  smell  does  not  in- 
terfere with  his  efficiency  as  a  lineman  nor 
cause  a  diminution  of  earning  power  in 
sucli  occupation,  and  is  therefore  rot  com- 
pensable.— Dotson  v.  Southern  California, 
etc.,  Co.,  4  I.  A.  C.  Dec.   90. 


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MASTER  AND   SERVANT. 


Act  2781 


701.  Same — Child  dancer — Scar  on  arm. — 

It  -was  held  that  a  child  dancer  was  en- 
titled to  a  rating  for  a  permanent  disability 
for  a  scar  or  burn  on  her  arm. — Yeager  v. 
Universal,   etc.,   Co.,   5   I.  A.   C.   Dec.    131. 

702.  Partial  permanent  disability— Juris- 
diction of  commission. — Under  the  liberal 
construction  enjoined  by  section  86(a),  it 
is  held  that  under  sections  12  and  15,  the 
commission  is  authorized  to  make  an  award 
for  partial  permanent  disability  where  it  is 
less  than  ten  per  cent  of  total  disability. — 
Massachusetts,  etc.,  Co.  v.  Plllsbury,  170 
Cal.  767,  768,  151  Pac.   419. 

703.  Preliminary  treatment  —  Compensa- 
tion for  period  of. — Where  it  was  necessary 
to  give  the  injured  employee  preliminary 
treatment  before  undergoing  an  operation 
required  to  cure  the  injury  received,  the 
disability  will  be  compensable  for  the  en- 
tire period,  including  preliminary  treat- 
ment.— Bishop  v.  National,  etc.,  Co.,  5 
I.    A.    C.    Dec.    223. 

704.  Damag-e  to  plate  of  false  teeth  not 
compensable. — A  damage  to  removable  plate 
of  false  teeth  is  an  injury  to  property  as 
distinguished  from  a  compensable  injury 
such  as  the  knocking  out  of  a  natural  tooth 
or  damage  to  a  bridge  which  is  attached 
to  and  firmly  fixed  together  with  a  part  of 
the  physical  structure  of  the  mouth;  and 
the  commission  is  without  jurisdiction  over 
a  controversy  concerning  damage  to  such 
plate. — DeWitt  v.  California  Highway  Com- 
mission,  5  I.  A.  C.  Dec.   140. 

705.  Cannery  employee  renderlns  divers 
seasonal  duties. — Where  a  cannery  employee 
whose  employment  was  as  forelady  and  also 
at  times  as  labeler,  so  as  to  be  employed 
continuously  during  the  season,  she  was 
held  to  have  sustained  a  compensable  dis- 
ability from  an  injury  which  prevented  her 
from  continuing  in  the  occupation  of  label- 
ing, though  it  did  not  prevent  her  from  per- 
forming her  work  as  forelady. — Russell  v. 
Western   Indemnity  Co.,   5  I.   A.  C.   Dec.   111. 

706.  Impairment  of  vision  due  to  use  of 
■wood  alcohol. — An  impairment  of  vision  due 
to  effect  of  wood  alcohol  used  in  cleaning 
an  apparatus  used  by  an  employee  is  an 
accidental  injury  within  the  meaning  of 
section  12  of  the  Boynton  act  as  it  stood 
January  1,  1914. — Fid.  &  Cas.  Co.  v.  Indus- 
trial Accident  Commission,  177  Cal.  614, 
616,  L.  R.  A.  1918F,   856,  171  Pac.   429. 

707.  Release  no  bar  to  subsequently  de- 
veloping disability. — A  release  of  all  claims 
against  the  insurer  by  an  injured  employee 
on  payment  of  an  award  for  temporary  dis- 
ability does  not  bar  a  claim  for  permanent 
disability  developing  subsequent  to  the 
original  award. — Massachusetts,  etc.,  Co.  v. 
Industrial  Accident  Commission,  176  Cal. 
488,   492.   168   Pac.   1050. 

70S.  A'lvard  of  50  per  cent  compensation, 
• — An  injured  shipfitter  able  to  do  light  work 
not  accessible  to  him  and  not  furnished  by 
his  employer  was  awarded  fifty  per  cent 
compensation.  —  Brown  v.  Southwestern 
Shipbuilding   Co.,    6    I.    A.   C.    Dec.    71. 

700.  Compensation  for  vacation  period. — 
An  employee,   who,   after  sustaining  a  com- 


pensable injury,  takes  his  regular  vacation 
without  pay,  which  he  would  have  taken 
even  if  he  had  not  been  injured,  but  at  a 
different  time,  should  be  compensated  for 
the  vacation  period,  even  though  there  was 
no  loss  of  wages  during  the  same. — Bickel- 
nitzky  v.  Acme  Brewing  Co.,  3  I.  A.  C. 
Dec.    5. 

710.  Employer  takes  employee  subject  to 
existing:  disability. — Employer  takes  an  em- 
ployee subject  to  his  tubercular  condition 
at  the  time  of  the  employment. — Cox  v. 
California,   etc.,   Co.,   5  I.  A.   C.   Dec.    10. 

711.  Same — Rule  not  to  be  applied  to 
work  unjustly. — The  rule  that  the  employer 
takes  the  employee  subject  to  his  physical 
condition  at  the  time  of  entering  his  em- 
ployment should  not  be  applied  where  it 
would  be  unreasonable  or  would  work  in- 
justice.— Anderson  v.  De  Paoli,  4  I.  A.  C. 
Dec.    82. 

712.  Same — Impossible  to  determine  ex- 
tent of  disability  due  to  pre-existing  condi- 
tion.— It  was  held  in  the  present  case  that 
the  employer  takes  his  employee  as  he  finds 
him  and  where  it  is  impossible  to  deter- 
mine how  much  of  the  disability  was  due 
to  the  accident  and  how  much  to  pre- 
existing conditions,  it  will  be  held  that  all 
of  the  disability  is  compensable. — Rouda  v. 
Massachusetts,    etc.,   Co.,   3   I.   A.   C.   Dec.    36. 

713.  Same — Injury  causing  disability  by 
reason  of  weakness  from  pre-existing  dis- 
eased condition. — Where  a  laborer  sustained 
a  strain  which  caused  no  disability  at  the 
time  and  he  continued  working  for  five  days 
and  sustained  another  similar  strain  which 
was  followed  by  a  disabling  gastro-intes- 
tinal  trouble  due  to  a  pre-existing  abdomi- 
nal weakness  of  considerable  standing,  it 
was  held  that  only  such  proportion  of  the 
disability  as  was  reasonably  attributable  to 
the  strains  was  compensable. — Kibler  v. 
State,  etc..  Fund,  4  I.  A.  C.  Dec.  361. 

•714.  Same — When  disability  ascribed  to 
pre-existing  condition.  —  Disability  may 
properly  be  ascribed  to  a  pre-existing  con- 
dition or  ailment,  if  the  injury  is  slight  and 
the  condition  or  ailment  is  known  to  have 
existed  at  the  time. — Snyder  v.  Pacific,  etc., 
Co.,   3  I.  A.  C.  Dec.  1. 

715.  Occupational  disease— Police  officer 
— Flat  feet  and  broken  arches. — The  em- 
ployment of  a  patrolman  and  traffic  officer, 
requiring  him  to  stand  eight  hours  a  day 
in  a  very  small  space,  usually  on  the  pave- 
ment, was  held  to  especially  expose  him  to 
the  danger  of  broken  arches  and  flat  feet, 
and  such  injury  after  five  years  employment 
arose  out  of  and  was  proximately  caused 
thereby  and  was  compensable. — Hedden  v. 
State  Compensation  Insurance  Fund,  5 
I.  A.  C.  Dec.  1. 

716.  Same — Test  of. — The  test  of  whether 
a  disease  is  occupational  is  whether  it 
arose  out  of  and  in  the  course  of  the  em- 
ployment and  it  is  immaterial  whether  in- 
fection was  unavoidable. — Adams  v.  State 
of  California,  4  I.  A.  C.  Dec.   62. 

717.  Same — Occupation  at  ^vhich  engaged 
at  time  of  injury. — The  occupation  to  be 
considered  in  making  a  permanent  disability 


Act  2781 


GBNRRAL.   LAWS. 


1G54 


rating  is  that  at  which  the  employee  was 
eng^aeed  at  the  time  of  the  injury,  and  not 
other  and  additional  occupations. — Felsen  v. 
Atchison,    etc.,    Ry.    Co.,    3    I.    A.    C.    Doc.    11. 

71S.  UiMnlilllty  oniised  by  Injury  coni- 
prnHnlile  reRnrUlCNN  of  di.<intiility  due  to  pre- 
rxiMtiui;  condition. — Wliere  a  mangle  worker 
su.'^taiiied  an  abdominal  strain  and  a  ventral 
hernia  which  disabled  her  from  work  and 
she  was  later  found  to  be  suffering  also 
from  a  disabling  heart  trouble  which  was 
not  caused  by  the  injury  or  the  employment, 
it  was  held  that  the  disability  caused  by 
the  injury  was  compensable,  regardless  of 
tho  disability  due  to  the  heart  condition. — 
Hums  V.  Snyder's  I.  X.  L.  Laundry,  4  I.  A.  C. 
Dec.   241. 

710.  "Further  dl-saJiHity."  —  Where  an 
employee  returned  to  work  three  weeks 
after  the  Injury  and  worked  continuously 
for  five  weeks  and  was  then  taken  ill  with 
metastatic  infection  and  boils  resulting 
from  the  original  injury  and  was  laid  off 
for  three  weeks  and  then  returned  to  work 
for  two  weeks,  although  able  to  do  only  a 
lialf  day's  work,  it  was  held  that  the  meta- 
static Infection  was  a  "further  disability" 
within  the  meaning  of  section  16(c)  of  the 
act. — 4    I.    A.    C.    Dec.    101. 

720.  Same — AVhen  dii^ability  Is. — A  disa- 
bility becomes  a  "further  disability"  within 
the  meaning  of  the  statute  when  it  par- 
tially or  wholly  prevents  the  injured  em- 
I>loyee  from  employment  after  he  returns  to 
worlt  subsequent  to  injury. — Kemper  v.  Na- 
than-Dohrmann  Co.,   4  I.  A.  C.  Dec.   101. 

721.  Same — New  employer  not  liable. — 
The  facts  of  this  case  show  a  new  and  fur- 
ther disability  because  of  the  incompletely 
liealod  fracture  of  the  original  injury,  while 
.•<frving  a  new  employer,  and  it  is  held  that 
the  original  employer  and  not  the  new  em- 
rdoyer  was  liable  for  compensation  under 
the  act. — Snover  v.  Samuels,  6  I.  A.  C.  Dec. 
215. 

722.  Same — IllindncHH  from  injury  to  eye 
producinK  cataract. — Where  an  employee 
sustained  an  injury  to  his  eye  and  after 
medical  treatment  therefor  returned  to  his 
regular  work  and  about  a  year  thereafter 
a  cataract  appeared  which  produced  blind- 
ness, it  was  held  that  said  blindness  con- 
stituted a  "further  disability"  within  the 
meaning  of  the  act. — Lara  v.  Los  Angeles 
Stone  Co.,   4  I.   A.   C.  Dec.   298. 

723.  Same — (luextion  of  fact. — The  ques- 
tion as  to  when  the  "further  disability"  un- 
der subdivision  c  of  section  16  commences 
is  a  question  of  fact  for  the  industrial  ac- 
'•ident  commission  to  decide  from  the  facts. 
— Employees  Credit  Co.  v.  Industrial  Acci- 
dent Commission,  177  Cal.  46,  49,  169  Pac. 
1001. 

72.ta.  Same — DeHned. — "Further  disabil- 
ity" under  section  16  (c)  of  the  act  of  1913, 
refers  to  any  disability  in  addition  to  that 
for  which  proceedings  were  commenced 
within  six  months  from  the  date  of  the  in- 
.iury,  or  that  for  which  disability  indemnity 
has  been  paid  or  agreed  to  be  paid. — Kauff- 
man  v.  Industrial  Accident  Commission,  37 
Cal.   Ai.p.   500,   174   Pac.   690. 


724.  Same    —    Subnequent    Incapacity.    — 

Where,  after  an  Injury  to  his  leg  an  em- 
ployee suffered  no  loss  of  wages  and  re- 
quired no  medical  treatment,  although  con- 
stantly in  some  discomfort  because  of  the 
injury,  and  thereafter  he  became  incapaci- 
tated from  work  by  reason  of  the  injury,  it 
was  held  that  the  subsequent  incapacity 
was  a  "further  disability"  within  the  mean- 
ing of  section  16  (c)  of  the  act  of  1913. — 
Larsen   v.  Sherer  &  Co.,   4   I.  A.  C.   Dec.   126. 

725.  AVhere  an  injury  to  the  eye  caused 
no  immediate  disability  beyond  the  wait- 
ing period,  but  after  eighteen  months  re- 
sulted in  a  traumatic  cataract  which  caused 
permanent  disability,  it  was  held  that  such 
cataract  was  a  "further  disability"  within 
the  meaning  of  section  16  (c)  of  the  act 
as  amended  in  1915. — Ready  v.  City  of  Oak- 
land, 4  I.  A.  C.  Dec.  89. 

726.  Same — Subsequent  Injury. — A  "fur- 
ther disability"  not  caused  by  the  original 
injury,  but  by  the  employee's  own  careless- 
ness, and  not  happening  in  the  course  of  a 
subsequent  employment  by  the  same  em- 
ployer, and  arising  out  of  it,  is  not  com- 
pensable at  all  under  the  act. — Head  Drill- 
ing Co.  V.  Industrial  Accident  Commission, 
177  Cal.  194,  170  Pac.  157,  5  I.  A.  C.  Dec.  1. 
(Scott  V.  Head  Drilling  Co.,  4  I.  A.  C.  Dec. 
9). 

6.  Eartiinfjs. 

727.  "Neifjhl'oriiig'  place"  —  Transitory 
occupation. — In  view  of  the  transitory  na- 
ture of  the  occupation  of  a  bricklayer,  the 
term  "neighboring  place"  as  used  in  sub- 
division (2)  section  17  (a)  of  the  act  of 
1913,  should  be  construed  to  include  the 
various  localities  within  the  territory  con- 
tiguous to  the  place  where  the  deceased  em- 
ployee was  working  at  the  time  of  his 
death. — Roche   v.   Gilson,   5  I.   A.  C.   Dec.    95. 

728.  "Days  when  so  employed.'' — The 
phrase  "days  when  so  employed"  in  section 
17a  (1)  refers  to  the  number  of  days  during 
which  the  employee  was  actually  engaged 
in  work,  and  not  to  the  number  of  working 
days  during  which  he  might  have  been  ex- 
pected to  work. — Frankfort  G.  Ins.  Co.  v. 
PiD.'^bury,  173  Cal.  56,  59,  159  Pac.  150. 

72}>.  "Rate  of  wasres." — "Rate  of  wages" 
referred  to  in  subdivision  4  of  section  12 
(a)  of  the  act  of  1917,  means  the  daily 
rate. — Mitchell  v.  Langley  and  Livingston, 
6  I.  A.  C.  Dec.   188. 

730.  Averase  earningrs — Standard  waives. 
— In  view  of  section  17,  subdivision  2  of  the 
act  of  1913,  an  award  of  compensation  on 
a  basis  of  $4.50  per  day,  to  a  painter  em- 
ployed at  12.50  per  day,  for  injuries  sus- 
tained two  days  after  he  was  employed, 
is  not  open  to  review,  where  it  appeared 
that  $4.50  was  the  standard  wage  scale  for 
painters  in  that  locality. — Hickox  v.  Indus- 
trial Accident  Commission,  35  Cal.  App.  403, 
169  Pac.  1048. 

7.31.  Averase  annual  earning:s  —  Salary 
dennitely  fixed. — The  average  annual  earn- 
ings of  a  deceased  employee  are  to  be  com- 
puted in  accordance  with  the  terms  of 
section  17(a)(2)  and  not  under  the  provi- 
sions of  section  17   (&)    (1)   where  his  salary 


1655 


MASTER   AND   SERVANT. 


Act  2781 


is  definitely  fixed  and  his  employment  not 
for  a  portion  of  the  year  hut  for  all  the 
year  around,  although  at  the  time  of  his 
death  he  was  not  working  in  the  employ- 
ment substantially  the  whole  of  the  year 
immediately  preceding  death.  —  Northern 
etc.,  Co.  V.  Industrial  Accident  Commission, 
34  Cal.  App.  2,  166  Pac.  828,  4  I.  A.  C.  Dec. 
173. 

732.  Same — Salary  not  definitely  fixed. — 
Under  the  provisions  of  section  17  (a)  (2) 
of  the  act,  where  the  wage  or  salary  of  the 
deceased  employee  working  in  the  class  re- 
ferred to  by  such  subdivision  has  not  been 
definitely  agreed  to  and  fixed,  the  wage  or 
salary  of  an  employee  of  the  saine  class, 
who  had  worked  at  the  same  or  similar 
kind  of  employment  substantially  the  whole 
of  the  year  immediately  preceding  the 
death  of  the  employee,  earned  during  the 
days  when  so  employed,  should  be  adopted 
as  the  basis  of  computation. — Northern, 
etc.,  Co.  V.  Industrial  Accident  Commission, 
34  Cal.  App.  2,  166  Pac.  828,  4  I.  A.  C.  Dec. 
173. 

733.  Same — Earnings  of  others  similarly 
employed. — The  average  annual  earnings 
upon  which  a  death  benefit  for  the  death  of 
a  bricklayer  was  computed  upon  the  basis 
of  the  average  daily  earnings  of  other 
bricklayers,  as  provided  in  subdivision  (2) 
of  section  17  (a),  instead  of  upon  the  aver- 
age annual  earning  capacity  of  the  de- 
ceased employee,  as  provided  in  subdivision 
(3)  of  that  section. — Roche  v.  Gilson,  5 
I.  A.   C.  Dec.  95. 

734.  Same — School  teacher.  —  A  school 
teacher  engaged  to  teach  on  five  days  per 
week  for  a  term  of  ten  months  of  the  year 
at  an  annual  salary  is  not  employed  sub- 
stantially the  whole  year  and  her  average 
annual  earnings  computed  under  section  17 
(a)  (3)  of  the  act  are  the  amount  of  her 
salary  for  the  year. — Hoag  v.  Elk  Grove, 
etc.,   District,   4  I.   A.   C.   Dec.   70. 

73.5.  Same  —  Intermittent  character  of 
■ivork. — Where  an  award  of  the  commission 
for  injuries  received  by  an  employee  of  a 
contractor,  while  engaged  in  cleaning  a 
roof,  was  fixed  by  the  commission  at  300 
times  his  daily  wage  and  it  was  shown  that 
his  employment  was  occasional  and  irregu- 
lar, and  that  neither  himself  nor  any  other 
person  was  employed  steadily  at  it,  the 
award  was  erroneous. — Mahaffey  v.  Indus- 
trial Accident  Commission,  54  Cal.  Dec.  740, 
4  I.  A.  C.  Dec.  368. 

736.  Same — Act  contemplates  steady  and 
permanent  employment— "Where  not  shoTvn 
1o  exist. — Both  subdivisions  1  and  2  of  sec- 
tion 17  of  the  act  contemplate  steady  and 
permanent  employment  and  the  amount  of 
average  annual  earnings  Is  fixed  accord- 
ingly at  300  times  the  daily  wage,  but  where 
this  kind  of  employment  is  not  shown  to 
exist,  the  case  falls  within  subdivision  3, 
under  which  the  annual  earnings  are  to  be 
taken  as  the  sum  which  w^ill  "reasonably 
represent  the  average  annual  earning  ca- 
pacity" of  the  employee  "in  the  kind  of  em- 
ployment in  which  he  w^as  then  working,  or 
in    any    employment    comparable    therewith, 


but  not  of  a  higher  class." — Mahaffey  v.  In- 
dustrial Accident  Commission,  54  Cal.  Dec. 
740,  4  I.  A.  C.  Dec.   36'8. 

737.  Same — Seven  day  a  week  employee. 
— Under  the  act,  where  an  injury  occurred 
to  an  employee  who  labors  seven  days  a 
week,  resort  is  to  be  had  to  subsection  17 
(a)  (3)  of  the  act,  in  computing  the  aver- 
age annual  earnings  and  not  to  either  sub- 
sections 17  (a)  (1)  or  17  (a)  (2)  which  re- 
quired the  use  of  the  multiplier  300. — City 
of  Los  Angeles  v.  Industrial  Accident  Com- 
mission, 25  Cal.  App.  Dec.  100,  4  I.  A.  C. 
Dec.   227. 

738.  Same-^Neither  entployee  nor  any 
other  ■working  at  the  employment  two  hun- 
dred and  sixty  days  in  year. — Where  an  ap- 
plicant for  compensation  did  not  work  two 
hundred  and  sixty  days  during  the  year 
preceding  the  injury,  as  a  theatrical  stage 
electrician  and  there  was  no  evidence  that 
any  one  else  did,  neither  subdivision  1,  2 
nor  3  of  section  12  (a)  of  the  act  of  1917  ap- 
plied, but  his  average  earnings  must  be 
determined  under  the  provisions  of  sub- 
division 4  of  that  section. — Mitchell  v.  Lang- 
ley  and  Livingston,  6  I.  A.  C.  Dec.   188. 

739.  Same — Carpenter's  per  diem  tvagres 
taken,  where  no  carpenter  in  neighborhood 
worked  whole  year. — Where  a  carpenter  had 
been  working  for  three  months,  six  days  in 
the  week  at  $4.00  a  day,  and  had  been  work- 
ing as  a  carpenter  for  several  years  and 
it  did  not  appear  whether  such  work  con- 
tinued substantially  for  the  whole  year  in 
that  neighborhood,  it  was  held  that  his 
average  annual  earnings  should  be  com-, 
puted  undtr  section  17  (a)  (3)  on  the  basis 
of  the  carpenter's  average  annual  earning 
capacity  and  thus  computed  were  fixed  at 
$1200. — Hardwick  v.  Armstrong,  etc.,  Co.,  4 
I.  A.   C.  Dec.   109. 

740.  Same — Where  employee  worked  364 
days  in  year. — Where  the  evidence  showed 
that  the  employee  had  worked  for  the  em- 
ployer an  average  of  364  days  a  year  dur- 
ing the  three  years  immediately  preceding 
his  injury,  it  was  held  the  average  annual 
earnings  in  the  manner  prescribed  by  sub- 
section 3  of  section  17  (a)  of  the  act  of  1913, 
and  not  by  that  of  subsections  1  and  2  of 
the  same  section. — Western  Indemnity  Co. 
V.  Neill.  5  I.  A.  C.  Dec.   91. 

741.  Same — "Occasional  jobs." — Subdivi- 
sion 3  of  section  17,  and  not  subdivisions  1 
and  2  (Stats.  1915,  p.  1087),  provides  the 
basis  for  the  computation  of  an  injured  em- 
ployee who  took  "occasional  jobs"  from  the 
contractor  in  whose  service  he  was  injured. 
— Mahaffey  v.  Industrial  Accident  Commis- 
sion,  176  Cal.  711,   171   Pac.   298. 

742.  Same  — -  Earning's  in  other  occupa- 
tions.— When  the  earnings  of  a  student 
motorman  in  other  occupations  were  in  ex- 
cess of  wages  paid  him  at  the  time  of  his 
injury,  they  can  not  be  considered  in  com- 
puting his  average  earnings  at  the  time  of 
the  injury  under  section  12  (a)  (4),  but  un- 
der section  12  (a)  (2)  his  average  weekly 
earnings  should  be  based  upon  the  earnings 
of  regular  motormen,  since  he  was  at  the 
time  of  his  injury  an  employee  of  the  same 


Act  2781 


GENERAL.   LAWS. 


1G50 


class  as  a  regular  motorman,  who  worked 
two  hundred  and  sixty  days  of  the  year  pre- 
ceding the  injury. — Boyce  v.  Pacific  G.  &  E. 
Co.,  6  I.   A.  C.  Dec.   147. 

743.  Same — Weekly  earnlnsr«  at  normal 
^atreM. — Where  the  normal  wages  of  a 
teamster  do  not  exceed  three  dollars  per 
day,  and  an  injured  employee,  under  an 
agreement  to  share  earnings,  less  cost  of 
feeding  team,  earned  an  average  of  five  dol- 
lars per  day,  his  average  weekly  earnings 
should  be  computed  according  to  the  method 
provided  by  section  12  (a)  (4). — Heironimus 
V.  California,  etc.,  Co.,  6  I.  A.  C.  Dec.  19. 

744.  Same — .Vverage  earninifs  of  election 
clerk. — The  average  annual  earnings  of  an 
election  clerk  were  computed  on  the  aver- 
age of  the  daily  earnings  of  an  employee  in 
a  similar  employment  under  the  provisions 
of  section  17  (a)  (2). — Meehan  v.  City  of 
Los  Angeles.  4  I.  A.  C.  Dec.  52. 

745.  Same — Part  of  wagci  under  bonus 
ityatem. — Where  the  deceased  employee  re- 
ceived a  certain  per  cent  of  his  wages  un- 
der the  bonus  system  during  the  last  three 
months  of  the  year  preceding  his  fatal  in- 
jury, it  was  held  that  under  the  provisions 
of  section  12  (a)  of  the  act  of  1917,  his  aver- 
age annual  earnings  should  be  computed  by 
adding  to  the  weekly  average  of  the  rate 
of  pay  the  average  of  the  bonus  received 
during  the  period  the  bonus  system  was  in 
existence. — Standley  v.  Pacific  Coast  Steel 
Co.,  5  I.  A.  C.  Dec.  130. 

746.  Same — Overtime. — In  computing  the 
average  earnings  of  an  injured  employee, 
i.he  overtime  earned  during  the  few  days 
next  preceding  the  injury  was  included. — 
Charley  v.  Hammond  Lumber  Co.,  5  I.  A.  C. 
Dec.  192. 

747.  Same — Variations  in  wages — Wages 
for  last  t^\o  months  taken. — Where  the  rate 
of  daily  pay  increased  during  the  year  pre- 
ceding the  injury,  the  amount  of  compensa- 
tion is  computed  by  taking  the  average  of 
all  wages  received  during  the  last  two 
months  when  the  highest  wage  was  paid.— 
.lacobson  v.  United  Railroads,  etc.,  5  I.  A.  C. 
Dec.  195. 

748.  Same  —  Same  —  Wages  received  at 
time  of  injury. — The  wages  of  a  machinist 
increased  at  various  intervals,  the  last  in- 
crease having  been  two  months  prior  to  his 
injury  are  held  not  to  have  been  irregular 
within  the  meaning  of  subdivision  (3)  of 
section  12  (a)  of  the  act  of  1917  and  his 
average  annual  earnings  should  therefore 
be  determined  according  to  the  provisions 
of  subdivision  (1)  of  that  section,  that  is  on 
the  basis  of  the  wages  which  he  was  receiv- 
ing at  the  time  of  his  injury. — Spillane  v. 
Cyclops  Iron  Works,  5  I.  A.  C.  Dec.  98. 

749.  Same  —  Same  —  Method  of  computa- 
tion.— Where  the  rate  of  pay  of  a  deceased 
employee  varied  during  the  year  preceding 
his  injury  and  death  and  was  therefore  ir- 
regular, the  computation  provided  by  the 
first  three  months  prescribed  in  section  12 
of  the  act  of  1917  can  not  be  reasonably  and 
fairly  applied,  and  his  average  weekly  earn- 
ing capacity  was  ascertained  by  taking  the 
product  of  the  total  number  of  hours  worked 


during  the  year  at  the  yearly  rate  received 
at  the  time  of  the  Injury,  plus  a  bonus  re- 
ceived during  the  year,  and  the  same  divided 
by  52. — Griiidell  v.  Maryland  Casualty  Co., 
5  I.  A.  C.  Dec.  193. 

7.'»0.  Same — Employee  under  t^venty-one 
— Expected  increase  not  considered. — Aver- 
age annual  earnings  of  a  person,  under 
twenty-one  years  of  age,  shown  to  be  earn- 
ing $15  per  month,  for  five  days  work  after 
school,  and  Saturday,  full  day,  and  that 
after  graduation  from  high  school,  six 
months  before  he  would  reach  his  majority, 
he  would  then  be  able  to  work  full  time  at 
.$4.00  to  $5.00  per  day,  would  be  computed 
at  the  normal  figure,  under  the  condition  of 
the  business  existing  at  the  time  of  the  in- 
jury, the  expected  increase  pertaining  solely 
to  applicants  personal  circumstances  and 
not  due  to  the  characteristics  of  the  busi- 
ness.— Rodey  v.  Marshall,  etc.,  Fund,  6 
I.  A.  C.  Dec.  2. 

751.  Same — Same-^Based  on  conditions  at 
time  of  injury. — In  computing  compensation 
for  the  permanent  disability  of  an  employee 
under  21  years  of  age,  the  probable  wages 
after  attaining  21  years,  are  to  be  based 
upon  conditions  at  the  time  of  the  injury. — 
Henneberry  v.  Union  Iron  Works,  5  I.  A.  C. 
Dec.   158. 

See  Claremont  C.  Club  v.  Industrial  Ace. 
Com.,   174  Cal.  395,   399,   163   Pac.   209. 

752.  The  probable  wages  of  an  employee 
under  21  years  of  age  are  based  upon  con- 
ditions at  the  time  of  the  injury. — Quilien  v. 
Pennington  Sons,  5  I.  A.  C.  Dec.  135. 

753.  Same — Same — Expected  increase  may 
be  considered. — In  awarding  compensation 
to  a  minor  permanently  injured  it  is  proper 
for  the  Industrial  Accident  Commission,  sup- 
porting the  provisions  of  section  17,  work- 
men's compensation  act,  to  take  into  con- 
sideration the  increased  wage  which  a 
minor  may  be  fairly  expected  to  earn  after 
reaching  the  age  of  twenty-one. — Clare- 
mont C.  Club  V.  Industrial  Ace.  Com.,  174 
Cal.  395,  399,  163  Pac.   209. 

7.'»4.  Same— .Same — Probable  wage  after 
majority  may  not  be  considered. — The  com- 
mission has  no  power  under  section  17(c)  of 
the  act  of  1913,  to  award  compensation  to  an 
employee  a  few  months  under  twenty-one, 
on  the  basis  of  his  probable  wages  aftc 
reaching  twenty-one. — Hyman,  etc.,  Co.  v. 
Industrial  Accident  Commission,  180  Cal. 
423,  181  Pac.  784  (Weiss  v.  Hyman,  etc.,  Co., 
6   L   A.   C.  Dec.   71). 

See  Claremont  C.  Club  v.  Industrial  Acci- 
dent Commission,  174  Cal.  395,  399,  163  Pac. 
209. 

7.'>5.  The  commission  had  no  po^ver  under 
section  17(c)  of  the  act  of  1913  to  award 
compensation  to  an  injured  employee  under 
twenty-one  upon  the  basis  of  his  probable 
earnings  within  a  reasonable  time  after  at- 
taining the  age  of  twenty-one. — Western 
Pacific  Rd.  Co.  v.  Industrial  Accident  Com- 
mission, 180  Cal.  416,  181  Pac.  787  (Dean  v. 
Western  Pacific,  etc.,  Co.,  5  I.  A.  C.  Dec.  168, 
245). 

See  Claremont  C.  Club  v.   Indu.strial  Acci- 


IG57 


MASTER    AXD   SERVANT. 


Act  2781 


■lent  Commission,  174  Cal.   395,   399,   163   Pac. 
209. 

756.  Same — Newsboy  selling  both  morn- 
ing: and  afternoon  papers  for  different  em- 
ployers^Average  earnin{?s. — Where  a  news- 
boy sells  morning  and  afternoon  papers  for 
different  publishers,  his  compensation  for 
injury  sustained  while  selling  morning 
papers  is  based  upon  average  earnings  from 
sale  of  both  morning  and  afternoon  papers. 
— Servel  v.  Chronicle  Publishing  Co.,  6 
I.  A.  C.  Dec.  23. 

757.  Same — Full  earning^s  in  excess  of 
mnximnm. — Where  an  employee's  full  earn- 
ings exceeded  the  maximum,  he  was  held 
to  be  entitled  to  compensation  for  partial 
disability  in  an  amount  65  per  cent  of  the 
difference  between  his  pay  during  partial 
disability  and  the  maximum  average  of 
weekly  earnings. — Roney  v.  Ne  Page,  etc., 
Co.,  5  I.  A.  C.  Dec.   129. 

758.  Same — Cannery  employee  at  divers 
seasonal  duties. — Where  a  cannery  employee 
was  employed  continuously  in  divers  sea- 
sonal duties  and  suffered  a  disability  which 
prevented  her  from  the  performance  of  one 
of  these  classes  of  duties,  but  not  in  the 
other,  it  was  held  that  her  average  annual 
earnings  should  not  be  limited  to  her  earn- 
ings in  the  particular  work  she  was  en- 
gaged in  at  the  time  of  her  injury,  but 
should  include  all  her  earnings  throughout 
the  year  in  her  employment  at  the  cannery. 
— Russell  v.  Western  Indemnity  Co.,  5 
I.   A.  C.  Dec.  111. 

759.  Same — Bricklayer  as  volunteer  fire- 
man.— When  a  volunteer  fireman  rendered 
service  as  such  only  when  occasion  re- 
quired, and  at  other  times  engaged  in  his 
regular  occupation  as  a  bricklayer,  it  was 
held  that  his  average  annual  earnings 
should  be  determined  on  the  basis  of  his 
earnings  as  such  fireman  and  not  on  his 
earnings  as  bricklayer. — Gilmore  v.  City  of 
Whittier,  5  I.  A.  C.  Dec.  58. 

760.  Same — Machinist  earning;  wases  as 
musician. — Where  an  injury  sustained  by  a 
machinist  results  in  the  loss  of  his  ability 
to  play  and  teach  the  violin,  whereby  he 
earned  considerable  in  addition  to  his 
wages  as  a  machinist,  it  was  held  that 
such  additional  earnings  must  be  clisre- 
garded  in  computing  his  average  annual 
earnings,  since  the  act  contemplates  an  im- 
position of  compensation  only  upon  the 
basis  of  earnings  in  the  industry  in  which 
the  injury  occurs. — Felsen  v.  Atchison,  etc., 
Ry.  Co.,  3  I.  A.  C.  Dec.  11. 

761.  Same  —  A^'^here  no  remuneration — 
Computed  at  minimum. — Where  there  is  no 
remuneration  from  which  the  amount  of 
compensation  may  be  computed  under  this 
act,  it  will  be  computed  at  the  prescribed 
minimum. — Noyes  v.  City  of  Eureka,  5 
I.  A.  C.  Dec.   163. 

762.  Same  —  "Working  as  typist  for  two 
employers  —  Entive  wages. — Where  an  in- 
jured employee  worked  for  two  employers 
as  a  typist,  the  disability  indemnity  rate 
for  an  injury  sustained  by  her  should  be 
computed  on  the  basis  of  her  earnings  from 


both    employers. — O'Connell    v.    Blum's    Ad- 
vertising Agency,  6  I.  A.  C.  Dec.  225. 

763.  Same  —  Two  employers  —  Entire 
Tvages. — Wliere  a  joint  employee  of  two 
railroads,  one  of  which  was  not  within  the 
jurisdiction  of  the  commission,  was  injured, 
it  was  held  that  his  compensation  should 
be  computed  on  his  entire  wages  from  both 
companies,  for  w^hich  the  company  not  in 
interstate  commerce  should  be  liable  al- 
though said  company  paid  only  one-half 
his  wages. — Robinson  v.  San  Francisco,  etc.. 
Railways,   5  I.  A.   C.   Dec.   138. 

764.  Same  —  Night  watchman  —  Several 
employees. — Where  a  night  watchman  was 
employed  by,  a  corporation  for  a  portion  of 
his  time,  and  was  killed  while  in  such  em- 
ploy, an  award  for  a  death  benefit  against 
such  corporation  was  properly  made,  al- 
though employed  under  separate  contracts 
in  the  same  capacity  by  five  other  corpo- 
rations; and  the  amount  of  the  award  was 
properly  based  upon  his  earnings  in  the 
aggregate  from  all  his  employers,  instead 
of  his  earnings  from  the  employer  against 
whom  tlie  award  was  made. — Western  Metal 
Supply  Co.  V.  Pillsbury,  72  Cal.  407,  418. 
Ann.  Cas.  1917E,  390,  156  Pac.  491,  3  I.  A.  C. 
Dec.  109  (Mason  v.  Western  Metal  Supply 
Co.,    1   I.   A.   C.   Dec.    284). 

765.  Same — "Waiter's  tips  and  allo'»vance 
for  board,  etc.,  considered. — The  commis- 
sion in  estimating  the  compensation  of  a 
waiter  in  a  hotel,  may  take  into  considera- 
tion the  amount  received  in  tips  at  the  time 
of  the  injury  as  well  as  his  regular  wage 
and  a  proper  allowance  for  board,  etc. — 
Hartford,  etc.,  Co.  v.  Industrial  Accident 
Commission,  28  Cal.  App.  Dec.  1374,  183 
Pac.    234. 

766.  Same— Student  nurse^Value  of  in- 
struction not  considered. — In  computing  the 
compensation  of  a  student  nurse  for  in- 
juries received  in  the  course  of  her  em- 
ployment as  such,  it  was  held  that  no  value 
is  to  be  given  to  the  instruction  received  by 
her. — Burroughs  v.  Santa  Barbara  Cottage 
Hospital,  5  I.  A.  C.  Dec.  175. 

767.  Same  —  AVages  definitely  fixed. — 
Where  a  deceased  employee's  wage  or  sal- 
ary is  definitely  fixed,  no  necessity  exists 
for  further  testimony  of  such  fact. — North- 
ern, etc.,  Co.  V.  Industrial  Accident  Com- 
mission. 34  Cal.  App.  2,  166  Pac.  828.  4 
I.   A.   C.   Dec.   173. 

4.  Dependency, 

768.  "Member  of  the  family." — The  words 
"m'ember  of  the  family"  in  section  19  (c> 
of  the  act,  do  not  include  a  woman  living 
in  the  illicit  relationship  of  wife  of  an  em- 
ployee.— Pollock  V.  Wagner  Leather  Co.,  3 
I.   A.   C.   Dec.   37. 

760.  "For  who.se  support  such  husband 
was  legally  liable.'' — Where,  at  the  time  of 
his  death,  a  laborer  was  supporting  his 
wife  in  Spain  by  remittances  during  the 
two  years  of  his  absence  from  her,  it  was 
held  that  she  -was  entitled  to  the  presump- 
tion of  total  dependency  by  reason  of  the 
amendment  of  the  act.  effective  August  S. 
1913,  conferring  the  right  to  such  presuir.p- 


Act  2781 


GENERAL.   LAWS. 


ICSS 


tion  on  a  widow  "for  whose  support  such 
husband  was  legally  liable." — Lopez  v.  Fre- 
mont, etc.,  Co.,   3  I.  A.   C.  Dec.   31. 

770.  Partial  dependency — ''.Vnnunl  aiuouut 
ilevoicd." — The  term  "annual  amount  de- 
voted" Is  to  be  interpreted  under  section 
9  (c)  (2)  and  14  (b)  of  the  act  of  1917.  as 
the  actual  amount  contributed  during:  the 
year  precedine  the  injury,  irrespective  of 
any  increase  of  earnings  during  the  course 
of  such  year  enabling  the  contributor  to 
enlarge  the  amount  of  support  at  a  rate 
which  would  have  been  continued  had  there 
been  no  injury. — Schaffer  v.  Moore  Ship- 
building Co..   6  I.   A.   C.   Dec.   198. 

771.  Same  —  Income  from  property  lean 
than  expense  thereof. — The  dependency 
upon  an  employee  is  partial,  where  such 
dependent  received,  in  addition  to  the  em- 
ployee's contributions,  certain  income  from 
property  which  was  less  than  the  expense 
thereof,  and  from  the  income  from  both 
sources  paid  her  living  expenses  and  pur- 
chased certain  real  estate. — Anderson  v. 
Union  Iron   Works.  6  I.   A.  C.  Dec.   42. 

772.  Snnie — Rate  where  enrnlnsTH  covered 
portion  of  jenr. — Where  earnings  have  been 
made  only  during  a  portion  of  the  preced- 
ing year,  the  contributions  for  the  whole 
year  are  estimated  at  the  same  rate  as 
for  the  entire  period  of  actual  contribu- 
tion.— Schaffer  v.  Moore  Shipbuilding  Co., 
5  I.   A.   C.  Dec.   198. 

77.1.  Same  —  Recelvlnjf  money  for  room 
rent  In  lioiixe  rented  by  employee. — Where, 
with  the  exception  of  a  small  amount  per 
month  received  as  room  rent  from  lodgers 
in  the  house  occupied  by  the  family,  the 
deceased  employee  paid  all  the  living  ex- 
penses of  his  mother  and  sister,  including 
the  rent  of  the  house  occupied  by  thorn,  it 
was  held  that  the  fact  of  receiving  money 
as  room  rent  did  not  render  the  dependency 
only  partial  but  that  the  mother  and  sister 
were  totally  dependent  upon  the  deceased 
for  support. — Corbitt  v.  Moore  &  Co.,  4 
I.  A.  C.  Dec.  380. 

774.  Snme — Where  hoth  father  and  aon 
contributed. — A  father  and  mother  were 
only  partially  dependent  on  a  son  for  sup- 
port, where  the  latter  lived  at  home,  and 
habitually  gave  his  mother  his  pay  check, 
and  occasionally  received  small  amounts 
for  his  own  use,  and  the  earnings  of  the 
father  and  son  were  used  for  the  support 
of  family,  and  a  small  monthly  payment  on 
a  mortgage  on  the  home. — Wilson  v.  South- 
ern,  etc.,   Co.,   6   I.   A.   C.   Dec.    106. 

77!i.  Snme — Part  nnpport  from  Income  of 
own  property. — Where  the  applicant  was 
partly  supported  by  the  contributions  of 
the  deceased  employee  and  partly  by  In- 
come from  her  own  property,  it  appeared 
that  she  had  deposited  In  a  savings  bank 
the  amount  of  the  contribution  received 
from  such  deceased  employee.  It  was  held 
that  in  determining  the  amount  of  the 
death  benefit,  the  amount  of  the  banked 
deposits  should  not  be  considered  but  that 
the    savings    should    be    treated    as    thoutjh 


derived  entirely  from  the  personal  income. 
— Dunn  v.  Johns-Manville  Co.,  6  I.  A.  C. 
Dec.   205. 

77(t.  Snme  —  Contriliutiona  for  entire 
year  not  necewnary. — It  Is  not  necessary  In 
a  case  of  partial  dependency  that  the  de- 
ceased employee  should  have  contributed 
to  claimant's  support  for  a  year,  and  the 
annual  amount  provided  by  section  15(c)(2) 
of  the  act  of  1913  may  exceed  the  amount 
actually  contributed  during  the  year. — 
Sharon  v.  Bornstein,   5   I.  A.   C.  Dec.  70. 

777.  Same  ^  Contributions  not  conntant. 
— Where  the  contributions  made  by  a  de- 
ceased employee  have  not  been  constant, 
either  in  amounts  or  times  of  payment,  but 
fluctuated  during  the  year  preceding  his 
demise,  the  determination  of  the  "annual 
amount"  rests  largely  In  the  discretion  of 
the  commission  based  upon  the  evidence, 
and  is  not  subject  to  review  If  there  is  any 
evidence  to  support  it. — Popst  v.  Industrial 
Accident  Commission  (Cal.  App.),  192  Cal. 
296. 

77.S.  Dinposition  of  benefit — Need*  of  de- 
pendentix. — The  question  what  disposition  in 
any  particular  case  is  in  proportion  to  the 
respective  needs  of  the  dependents  and  l.s 
just  and  equitable  is  one  of  fact,  the  deter- 
mination of  which  is  committed  to  the  dis- 
cretion of  the  commission. — Perry  v.  Indus- 
trial Accident  Commission,  176  Cal.  706,  710, 
169  Pac.  353. 

77!).  Mother  of  family  of  illegitimate 
children. — Where  a  woman  cohabits  witli  a 
man  for  a  long  period  of  years,  and  is  the 
mother  of  a  family  of  children  by  suth  man, 
but  was  not  the  wife  of  such  man,  but  of 
one  who  had  previously  deserted  her,  and 
such  woman  and  family  are  in  fact  totally 
dependent  on  such  man,  it  was  held  that 
such  woman  is  not  entitled  to  the  presump- 
tion of  total  dependency  accorded  a  wife. — 
Pollock  V.  Wagner  Leather  Co.,  3  I.  A.  C. 
Dec.   37. 

750.  Maintenance  of  child  —  Amount 
father  ordered  to  pay. — It  is  competent  for 
the  commission  to  determine  as  a  matter  of 
fact  that  the  father  was  liable  for  the  main- 
tenance of  the  child  where  it  finds  upon  com- 
petent evidence  that  the  sum  which  he  was 
ordert'd  to  pay  was  fully  sufficient  for  its 
entire  support. — Robert  Sherer  &  Co.  v.  In- 
dustrial Accident  Commission  (Cal.),  188 
Pac.  797. 

751.  Source  of  earniuK'N  not  c«in»I«lered. — 
The  source  of  earnings  contributed  to  a  de- 
pendent will  not  be  considered  by  the  com- 
mission, and  where  the  earnings  of  a  17- 
yoar-old  boy  contributed  to  his  mother's 
support  were  obtained,  after  he  had  escaped 
from  the  state  reform  school,  the  source  of 
such  contributions  will  not  bar  the  mother'.s 
right  to  a  death  benefit,  and  this  notwith- 
standing such  commitment  and  assumption 
of  guardianship  by  the  state. — Silva  v.  Red 
River  Lumber  Co.,  5  I.  A.  C.  Dec.  190. 

752.  Repnymenta  of  debt,  not  contribn- 
tlonn. — Repayments  of  debt  do  not  constitute 
contributions  for  the  support  of  dependent 
to  b«  considered  in  fixing  the  compensation 


1659 


MASTER  AND    SERVANT. 


Act  2781 


of  such  dependent. — Beacom  v.  Miller  &  Lux, 
Inc.,  6  I,  A.  C.  Dec.  61. 

7S3.  Claims  of  nonresident  dependents- 
Policy  of  commission. — In  dealing-  with 
death  benefit  claims  by  nonresident  depend- 
ents, it  is  the  policy  of  the  commission  to 
require  at  least  some  testimony  as  to  con- 
tributions for  support  to  be  corroborated 
by  documentary  evidence  of  remittances. — 
Claudio  V.  California,  etc.,  Ry.  Co.,  3  I.  A.  C. 
Dec.  7. 

784.  Support  of  nonresident  wife  —  Im- 
prisonment of  husband. — Failure  of  an  Ital- 
ian resident  in  this  state  to  remit  contribu- 
tions for  his  wife's  support  during  a  year's 
imprisonment  and  for  six  months  after,  is 
not  inconsistent  with  the  fact  of  total  de- 
pendency of  his  nonresident  wife,  where  he 
had  previously  made  remittances,  and  there 
is  no  affirmative  evidence  of  an  intent,  dur- 
ing the  period  of  nonremittances,  to  sever 
family  relations. — Claudio  v.  California,  etc, 
Ry.  Co.,  3  I.  A.  C.  Dec.  7. 

7S5.  Same  —  Presumption  of  partial  sup- 
port.— Although  a  wife  in  Italy  has  been 
supported  for  seven  years  by  contributions 
from  her  husband  in  this  country,  she  will 
be  presumed  to  be  only  partially  dependent 
on  him  at  the  time  of  his  death,  one  and 
one-half  years,  after  the  seven  year  period, 
if  during  such  one  and  one-half  years  he 
made  no  remittance,  and  she  was  living 
with  three  adult  children  at  least  two  of 
whom  were  presumably  able  to  support  her. 
— Claudio  v.  California,  etc.,  Ry.  Co.,  3 
I.  A.  C.  Dec.  7. 

786.  Same  —  Presumption  tliat  husband 
and  Avife  ivere  "living-  together." — Evidence 
that  an  Italian  resident  in  this  state  sent 
$140  to  his  wife  in  Italy  during  1912,  and 
.$40  in  the  following  February,  and  after 
eleven  months'  imprisonment  resumes  work 
and  is  killed  in  June,  1914,  without  having 
made  any  further  remittance  to  his  wife,  is 
insuflicient,  without  other  evidence,  to  sup- 
port a  conclusive  presuniption  that  the  hus- 
band and  wife  were  "living  together"  within 
the  meaning  of  the  act. — Claudio  v.  Cali- 
fornia, etc.,  Ry.  Co.,  3  I.  A.  C.  Dec.  7. 

787.  The  commission  ■will  entertain  no 
conclusive  presumption,  that  a  wife,  resi- 
dent abroad,  and  for  nine  years  separate 
from  her  husband,  is  "living  with"  him, 
within  the  meaning  of  section  19  (a)  (1) 
of  the  act  of  1913,  in  the  absence  of  suflficient 
evidence  of  regular  and  substantial  contri- 
butions by  him  tending  to  show  an  intent 
to  renew  family  relations. — Claudio  v.  Cali- 
fornia, etc.,  Ry.  Co.,  3  I.  A.  C.  Dec.  7. 

7SS.  Nonresident  wido^v  in  Spain— "Liv- 
ing -with"  husband  employee. — Where  up  to 
the  time  of  his  death  a  laborer  has  by  means 
of  remittances  been  supporting  his  wife 
who,  during  two  years  of  his  absence  from 
her  had  remained  in  the  foreign  country  of 
their  b"irth,  it  was  held  that  she  was  "living 
with"  him  at  the  time  of  his  death  within 
the  meaning  of  section  19  of  the  act. — Dopez 
V.  Mourenzae,   3  I.  A.  C.  Dec.  31. 

789.  Nonresident  ^vidow  in  Italy — "Liivins' 
»vith"  husband  employee. — Where  the  intent 


of  the  deceased  employee  was  to  re-unite 
with  his  wife,  separated  from  hir»  for  a 
period  of  three  years,  either  in  California  or 
Italy,  it  was  held  that  she  was  living  with 
him  at  the  time  and  because  of  such  fact  and 
also  because  of  such  actual  support,  such 
widow  was  entitled  to  a  death  benefit  as  a 
total  dependent. — Petrucci  v.  The  Red  River, 
etc.,  Co.,  3  I.  A.  C.  Dec.  40. 

IX.  Payment  of  Compensation. 

790.  Set-off  against  amount  awarded. 

791.  Payment   of   compensation   by   car- 

rier. 

792.  Reduction    for    serious    and    wilful 

misconduct. 

793.  Paj'ment  of  "scrip"  is  payment  of 

compensation. 

794.  Payment  of  full  wages  during  por- 

tion of  period  of  disability. 

795.  Payment    of    full    wages    for    full 

services,  before  expiration  of  par- 
tial disability  period. 

796.  Payment  of  full  wages  to  employee 

working  on  half  pay. 
797-  802.     Payment    of    wages    as    part   com- 
pensation. 
803.     Same — Absence   of   agreement. 

790.  Set-offl    against    amount    a'»varded. — 

The  amount  of  an  award  for  compensation 
must  be  paid  whether  the  employee  owes 
money  to  the  employer  or  not. — Manford  v. 
Carstenbrook,  3  I.  A.  C.  Dec.  21. 

791.  Payment  of  compensation  by  carrier. 

— The  payment  of  compensation  by  the  in- 
surance carrier  is  payment  in  behalf  of  the 
employer  in  discharge  of  the  employer's  lia- 
bility.— Prandsen  v.  Llewellyn  Co.,  3  I.  A.  C. 
Dec.  23. 

792.  Reduction  for  serious  and  wilful 
misconduct. — The  compensation  of  an  in- 
jured employee,  which  he  would  ordinarily 
have  received,  will  be  reduced  in  half  when 
such  injury  is  a  result  of  his  own  serious 
and  willful  misconduct  but  such  reduction 
will  affect  the  number  but  not  the  amount 
of  the  weekly  installments. — Solari  v.  Theo- 
dore Pappas,  George  Pappas,  Harry  Demas 
and  Gus  Demas,  5  I.  A.  C.  Dec.  180. 

793.  Payment  of  "scrip"  is  payment  of 
compensation. — Where  an  employer  paid  to 
the  injured  employee  "scrip"  as  money  for 
living  expenses  and  such  "scrip"  was  ac- 
cepted as  money,  it  was  held  that  such  pay- 
ment of  "scrip"  constituted  payment  of 
compensation  and  that  therefore  the  appli- 
cation was  not  barred  by  the  statute  of  lim- 
itations.— Guerrero  v.  Red  River,  etc.,  Co., 
5  I.  A.  C.  Dec.  117. 

794.  Payment  of  full  wages  during  por- 
tion of  period  of  disability. — Where  during 
the  first  five  weeks  of  total  disability  fol- 
lowing the  injury,  the  applicant  received 
full  wages  from  his  employer,  and  during 
the  next  six  weeks  of  total  disability  re- 
ceived more  than  65  per  cent  of  his  earn- 
ing.s.  it  was  held  that  the  full  sum  paid  be 
not  treated  as  100  per  cent  compensation 
during  the  five  weeks,  but  the  whole  sum 
paid    be    credited    in    full    on    whatever    sum 


Aft  2781 


GENERAL,   L,AT\^S. 


1C60 


is  awarded  to  the  applicant.— Ramirez  v. 
Binkley  &  Wayne,  3  I.  A.  C.  Dec.  33.  (See. 
also,  Cypher  v.  United  Development  Co.,  1 
I  A.  C.  Dec.  425,  and  Turner  v.  City  of 
Santa  Cruz.  2  I.  A.  C.  Dec.  917.) 

795.  Payment  of  full  wagres  for  full  serv- 
icoH,  before  expiration  of  partial  disability 
period.— Where  an  injured  employee  is 
awarded  compensation  for  a  permanent  par- 
tial disability,  and  returns  to  work,  per- 
forming full  service,  at  full  pay  before  the 
weekly  payments  expired,  it  was  held  that 
the  employer  was  not  entitled  to  credit  on 
the  award  with  any  part  of  the  wages  re- 
ceived by  the  employee  for  such  service. — 
Wray  v.  P.  P-  I.  E.  Co..  3  I.  A.  C.  Dec.   6. 

796.  Payment  of  full  -wages  to  employee 
ivorking  on  half  pay. — Payment  of  full 
wages  to  partially  disabled  employee,  work- 
ing on  half  pay,  held  to  be  payment  of  par- 
tial disability  indemnity,  for  which  the 
employer  is  entitled  to  reimbursement  from 
the  insurance  carrier. — Tucson  v.  York,  etc., 
Co.,  6  I.  A.  C.  Dec.  110. 

797.  Payment  of  wages  as  part  compen- 
sation.— Where  the  employer  pays  full 
wages  after  the  injury,  and  the  commission 
deems  such  payment  as  compensation,  he 
will  receive  credit  on  the  claim  for  compen- 
sation for  the  total  amount  paid,  less  65  per 
cent  as  full  disability  indemnity. — Oders  v. 
Great  Western,  etc.,  Co.,  6  I.  A.  C.  Dec.  95. 

798.  Where  an  industrial  tlisability  was 
permanent  and  involved  a  fixed  indemnity 
based  upon  the  degree  of  permanent  disa- 
bility and  not  upon  the  length  of  time  the 
■employee  was  disabled,  the  defendant  was 
entitled  to  credit  on  the  permanent  partial 
disability  indemnity  for  the  amount  of 
wages  paid  during  temporary  disability 
rather  than  for  the  time  such  wages  were 
paid. — Brown  v.  San  Francisco,  6  I.  A.  C. 
Dec.   261. 

799.  Full  wages  paid  to  an  Injured  em- 
ployee, should  be  considered  as  of  disability 
indemnity,  regardless  of  the  motive  of  his 
employer  in  paying  the  same. — Angier  v. 
First   National   Bank,    6   I.   A.   C.   Dec.   156. 

SOO  Full  wages  paid  injured  employee, 
^nd  deemed  compensation  for  injuries, 
jshouid  be  considered  as  indemnity  at  the 
rate  of  100  per  cent  of  the  earnings  rather 
»:han  65  per  cent  of  the  average  weekly 
earnings,  and  the  insurance  carrier  was 
entitled  to  credit  for  the  period  covered  by 
the  payments  rather  than  the  actual  amount 
thereof. — Angier  v.  First  National  Bank.  6 
I.  A.  C.  Dec.  156. 

801.  Payments  of  full  wages  during  tem- 
porary total  disability,  should  be  credited 
upon  the  amount  of  partial  permanent  dis- 
ability compensation,  and  not  as  100  per 
cent  of  total  disability  compensation  for  the 
temporary  period. — Francis  v.  Shephard,  6 
I.  A.  C.  Dec.  124. 

802.  Where  an  applicant  was  working  at 
light  work  for  full  wages,  the  payments 
must  be  considered,  in  the  absence  of  special 
circumstances,    as    wages,    and    not   as    part 


compensation,  and  the  statute  is  not  tolled. 
— Enoidi  v.  Standard  Oil  Co.,  6  I.  A.  C.  Dec. 
124. 

80.1.      Same  —  Absence    of    agreement. — In 

the  absence  of  a  showing  that  there  was  an 
agreement  or  understanding  between  an 
employee  and  his  employer  that  the  full 
pay  he  received  after  returning  to  work 
after  his  injury,  or  any  portion  thereof,  was 
to  be  in  the  nature  of  compensation  for 
such  injury,  or  that  the  work  he  performed 
was  unsatisfactory  to  his  employer,  or  thai 
the  compensation  he  received  was  more 
than  his  services  were  worth,  it  can  not  be 
held  that  the  mere  fact  that  the  employer 
permitted  the  employee  to  return  to  his  old 
position  at  full  pay  and  to  continue  therein 
for  several  months,  could  give  rise  to  the 
claim  that  a  portion  of  such  pay  was  in 
the  nature  of  compensation  for  his  injuries. 
— Hunt  v.  Industrial  Accident  Commission, 
30  Cal.  App.  Dec.  45.  185  Pac.  215,  6  I.  A.  C. 
Dec.  154. 

X.  Practice  and  Peoceditre. 

1.  Jurisdiction,     a.  In  general. 
804.     Commission  exercises  judicial  func- 
tions. 


805.     Jurisdiction- 
of  act. 


-Liberal     construction 


806.  Commission    has    no    general   juris- 

diction. 

807.  Jurisdiction    of    commission    is    de- 

rived from  the  act. 

808, 809.     Enforcement     of    liability    against 

other  than  employer. 

810.  Same — Subject  to  annulment — Not 

incurably  void. 

811.  Reimbursement  of  funeral  expenses 

advanced  by  third  person. 
811a.  Eeimbursement      for     funeral     ex- 
penses— No  application. 

812.  Injury     to     employee    of    sub-con- 

tractor where  original  contractor 
is  not  liable. 

813.  Power    to    determine    question    of 

jurisdiction    after    apparent    bar 
of  statute. 

814.  Consent  can  not  confer  jurisdiction. 

815.  Where  jurisdiction  conceded,   facts 

should  be  interpreted  in  support 
of. 
815a.  Liability  of  insurer. 

816.  Eequiring  large  corporation  to  de- 

posit security  not  abuse  of  dis- 
cretion. 

816a.  Same — Jurisdiction  of  employer  is 
jurisdiction  of  carrier. 
816b,  816e.  Same — Controversy    between    em- 
ployer and  carrier. 

816d.  Same — Power  to  determine  all  ques- 
tions of  law  and  fact. 

816e.  Power  to  determine  validity  of  in- 
surance policy. 

816f.  Power    to    determine    question    of 
"wilful  misconduct." 

816g.  Lack  of  legal  authority  to  file  ap- 
plication. 

816h.  Same — Consul    of   Bussia  —  Treaty 
relations. 

816i.  Same — Alien  enemy. 


1661 


MASTER  AXD   SERVANT. 


Act  2781 


816j.  Reconsideration  must  be  upon  same 
facts — Denial  of  rehearing. 

816k.  Award  void  on  its  face — Collateral 
attack. 

816  1.  Unauthorized  award — Lack  of  ju- 
risdiction— Collateral    attack. 

816m.  Physician's  claim  for  services. 

816n.  Committee  performing  govern- 
mental functions. 

6.  Interstate  commerce. 
817,  818.     Nature  of  employment — Question  of 

law  where  facts  admitted. 
819,  820.     Federal  employer 's   liability   act — 

Decisions  of  U.  S.  courts  control. 
821, 821a.  Test   of   employment   in   interstate 

commerce. 

822.  California    act    inapplicable    where 

employment  is  in  interstate  com- 
merce. 

823.  Nature  of  service  being  performed 

determined  by  general  character 
of  employment. 

824.  New  construction  of  facilities. 

825.  The  work  of  rearranging,  transfer- 

ring and  changing  tracks. 

826.  Loading  intrastate  baggage. 

827.  Unloading  intrastate  freight. 

828.  A  railroad  car  repairer. 

829.  Carpenter     repairing     freight     car 

withdrawn   from   interstate   com- 
merce for  repairs. 
830, 831.     Repairing    locomotive    taken    from 
interstate  commerce  for  the  pur- 
pose. 

832.  Same — Grinding  bolt  for  use  in  re- 

pair. 

833.  Same — Repair  of  truck. 

834.  Same  —  Finding    as    to    interstate 

commerce  held  conclusion  of  law. 
835,  836.     Same — Not  in  interstate  commerce. 

837.  A  shopworker  in  a  railroad  round- 

house. 

838.  Steamfitter  at  railroad  roundhouse. 
838a.     An     employee     engaged     in     the 

operation  of  a  steam  shovel. 
839,  840.     Track  repairs. 

841.  Construction  of  new  track. 

842.  Repairing  main  line  track. 

843.  Repairing     driveway     over     which 

goods     in     interstate     commerce 
move. 

844.  Wiping   insulators   on   main   power 

line  of  electric  railway. 
844a.  Electric  lineman. 

845.  Rerailing  derailed  engine  obstruct- 

ing interstate  trains. 
84oa.  Removing     derailed     ear,     not     ob- 
structing interstate  commerce. 

846.  Kitchen     assistant     in     a     railroad 

restaurant. 

847.  Cutting    wood    to    heat    interstate 

train. 

848.  Flagman. 

849.  Special  officer  killed  by  tramps  on 

interstate  train. 
849a.  Railroad    watchman    injured    while 
driving  oif  trespassers. 

850.  Yard  engine  foreman  moving  inci- 

dentally interstate  cars. 


851.  A    brakeman    employed    on   a    con- 

struction train. 

852.  Brakeman    employed    on    interstate 

train. 

853.  Brakeman  on  work  train  on  its  way 

to  repair  a  bridge. 

854.  Telegraph  lineman. 

855.  Engine  herder. 

856.  Receiving-clerk    for    food    supplies 

used  on  interstate  train. 

857.  Night  watchman  guarding  tools  and 

materials  to  be  used  in  new  con- 
struction. 

858.  Tunnel  not  yet  in  use. 

858a.  Transportation  of  U.  S.  mail — In- 
terstate commerce. 

859.  Same — Delivering  pouches  of  mail. 

860.  Same — Commission    without    juris- 

diction. 

861.  Same — Railroad    agent    of    govern- 

ment. 

c.  Maritime  jurisdiction. 

862.  Loading    a    steamer    at    a    foreign 

port. 

863.  Award  in  a  maritime  case. 

864.  Right    and    remedy    of    act    within 

saving  clause  of   federal  act  of 
1789. 

865.  Authorities. 

866.  Admiralty    jurisdiction    of    federal 

courts  not  exclusive. 
866a.  Seaman    has    an    election    of    rem- 
edies. 


866b. 

866c. 
866d, 

866f. 

867. 
868-  870. 
871,872. 

873. 

874. 
875. 

876. 


877. 
878. 

879. 

879a. 

880. 
881. 

882. 

883. 

884. 


Seaman  bound  by  an  election  of 
remedies. 

Same — No  election  made. 

866e.  Admiralty  not  bound  by  state 
law. 

Court  of  equity  will  enforce  state 
statute  in  admiralty. 

Injuries  on  the  high  seas. 

Same — California  ownership. 

Stevedore  discharging  vessel  in 
port. 

Stevedore — Fall  from  gang  plank 
over  navigable  water. 

Longshoreman  working  on  dock. 

Laws  of  parent  state,  when  inap- 
plicable to  vessels. 

Working  on  ship  in  Oakland  es- 
tuary— Presumption  from  stipu- 
lation. 

Work  on  ship  prior  to  launching. 

Employee  installing  apparatus  on 
vessel  in   course   of  construction. 

Engineer  installing  refrigerator  on 
vessel  under  construction. 

Shipwright  repairing  vessel  on  bot- 
tom in  Oakland  estuary. 

Navigable  waters — Launching  basin. 

A  contract  for  the  construction  of 
a  vessel  is  not  maritime. 

Barge  pilot  sawing  wood  while  ves- 
sel laid  up  for  winter. 

Contract  for  polishing  shoes  on 
ferryboat. 

Ferryboat  used  for  transporting 
train  on  inland  waters. 

Effect  of  Johnson  bill. 


Act  2781 


GENERAL.   LAWS. 


d.    Exiraterritorial. 

886.  "Rc8i«lcnt. " 

887.  Test  of  residence. 

888.  Traveling  salesman  residing  in  New 

Jersey,  uiulor  exclusive  control  of 
California  agent  of  New  York 
corporation. 

889.  Enforcement   of   obligation  in   tort 

by  lex  fori. 
890, 891.     Sailor  of   California   ship   lying  in 
port  of  another  state. 

892.  Mandates  have  no  effect  beyond  ter- 

ritorial limits. 

893.  Non-maritime     employment     under 

California  contract  by  California 
residents. 
893a.  Contract  of  hire  of  California  resi- 
dent made  in  California. 

894.  Contract  under  act  of  1917 — Act  a 

regulation. 

895.  Unconstitutional     enactment — Crea- 

tion of  privilege  in  favor  of  citi- 
zens of  California. 

896.  Release  in  New  Mexico. 

897.  Constitutionality  of  section  75   (a). 

898.  Section   75    (a)    not  limitation   but 

grant  of  power. 

899.  Jurisdiction   prior  to  enactment  of 

1915. 

900.  Effect  of  section  75    (a)    of  act — 

Death  benefit  for  injury  and 
death  in  another  state. 

S.  Notice  of  injury. 

901.  Notice  of  original  injury  required, 

not  notice  of  '  *  further  dis- 
ability." 

902.  Notice  by  registered  letter  sufficient. 

903.  Evidence    insufficient     to    establish 

actual  notice. 

904.  Actual    knowledge — Oral    informa- 

tion. 

905.  Notice    of    injury — Actual    knowl- 

edge of  employer. 

906.  Actual  knowledge  is  equivalent  to 

notice. 

907.  Same — Actual  or  first  hand  knowl- 

edge. 

908.  Not  prejudiced  by  want  of  notice. 

909.  Same — Making  defense. 

910.  Same — No  intention  to  mislead  or 

prejudice  employer. 
911,912.     Notice    of    employer 
under  section  34. 

913.  Waiver    by    employer 

select  physician. 

S.  Application. 

914.  No  particular  form  required. 

915,  916.     Filing  request  for  disability  rating. 

4.  Evidence. 
917- 917c.  Evidence  taken  prior  to  service  of 

notice  of  hearing — Invalid  award. 
917d.  Same — Testimony      given      without 

opportunity  to  cross-examine. 
917e.  Same — Hearing  before  referee. 
917f.  Lack    of    notice — Contravention    of 

constitutional  provisions. 
918.     Evidence,  power  to  take  secretly— 

Want  of  due  process. 


to    employee 
of    right   to 


919.  Evidence    of    medical    expert — Not 

given  under  oath,  and  not  given 
after  notice. 

920.  Burden    of   proof — Relationship   of 

employer  and  employee. 

921.  Same — Accident  arising  out  of  and 

in  course  of  employment. 

922.  Same — Unexplained  injury. 

923.  Same — Existence     of     compensable 

injury. 

924.  Same — Employee    not    required    to 

establish  source  of  injury   scien- 
tifically. 
924a.  Same — Same — Reasonable  certainty 
only  required. 

925.  Same — Same — Demonstration     not 

required — Only     reasonable     cer- 
tainty. 

926.  Same — Wilful    misconduct    not    re- 

quired to  be  shown  affirmatively. 

927.  Same — Same — Affirmative    defense. 

928.  Same — Not  on  dependents  to  prove 

innocence  of  wilful  misconduct. 

929.  Same — Employee    must    show    that 

influenza     resulted     from    excep- 
tional exposure  of  employment. 

930.  Same — After  prima  facie  case,  bur- 

den is  on  employer. 

931.  Same — Every    contrary    possibility 

need  not  be  negatived. 

932.  Same — Circumstantial  evidence. 

933.  Hearsay   testimony — Status  of  em- 

ployee can  not  be  shown  by. 

944.  Same — Statements  of  deceased  em- 

ployee competent. 

945.  Same — Section  77  (a)   declarations 

of  deceased. 

946.  Same — Same — Relating   directly   to 

injury,  admissible. 

947.  Same — Same — Section    75    (b)    not 

technical  rule  of  evidence. 

948.  Same— Section  60   (a)   act  of  1917 

— Deposition  admissible. 

949.  Same — Sufficiency  of,  as  to  depen- 

dency. 

950.  Unverified  report  of  physician  same 

as  allegation  of  complaint — Not 
evidence. 

951.  Testimony  by  physicians — Not  con- 

clusive as  against  unprofessional 
testimony. 

952.  Report  of  physician — Scope  of   in- 

quiry. 

953.  Mental     incompetency — Recital     in 

court  order  not  binding  on  com- 
mission. 

954.  Marriage — Want  of  record. 

955.  Circumstantial    evidence    does    not 

overturn   presumption    of    lawful 
conduct. 

956.  Unauthenticated  letter,  not  written 

or   signed   by   dependent,   insuffi- 
cient evidence  of  authority. 

957.  Admissions    made    in    delirium,    or 

while  dazed,  or  in  shock. 

958.  Commission   not  bound   by   stipula- 

tion as  to  facts. 
958a.  Oral   testimony   as   to   relations   of 
parties. 

959.  Average  annual  earnings — Pay  roll 

of  employer. 


1663 


MASTER  AND   SERVANT. 


Act  2781 


960.  Conflict     of     evidence — Commission 

final  arbiter. 

961.  Evidence    insufficient    to    establish 

wilful  misconduct. 

962.  Evidence    insufficient    to    establish 

deliberate  and  intentional  failure 
to  observe  rule. 

963.  Evidence    insufficient    to    establish 

that    injury    proximately    caused 
disability. 

964.  Evidence     not     sufficient     to     show 

serious  and  wilful  misconduct. 

965.  Wilful  misconduct — Absence  of  in- 

ference. 

966.  Evidence     sufficient — Skin     disease 

contracted  from  wood  dust. 

967.  Evidence  sufficient — ^Death  result  of 

injury. 

968.  Evidence     insufficient  —  Injury 

caused  death. 

969.  Evidence  sufficient  to  show  cause  of 

disability  as  alleged. 

970.  Evidence  not  sufficient  to  show  hus- 

band employee  of  wife. 

971.  Evidence  insufficient  to  overturn  in- 

herent improbability. 

972.  Evidence  not  sufficient  to  establish 

that  injury  caused  death. 

973.  Evidence  sufficient  to  show  cause  of 

disability  as  claimed. 

974.  Evidence   insufficient   to   show   that 

alleged  wilful  misconduct  proxi- 
mately caused  injury. 

975.  Absence   for  less   than   seven  years 

may  be  sufficient  proof  of  death. 

976.  •  Custom  or  usage,  binding  effect  of. 

5.  Instructions. 

977.  Instruction    to    jury — Kule    as    to 

weight  of  evidence — Applicable 
to  Industrial  Accident  Commis- 
sion. 

6.  Findings. 

978.  Finding  as  to  employment,  if  sup- 

ported, is  not  reviewable. 

978a.  Status    of    deceased — Employee    or 

independent  contractor. 

979.  Finding  as  to  cancer  resulting  from 

fall,  held  supported  by  the  evi- 
dencQ. 

980.  General  rules  of  practice — Findings 

should  conform  to. 

981.  Findings  and  award  have  effect  of 

judgment. 

982.  Knowledge  or  notice — Actual  knowl- 

edge. 

983.  Findings    upon    ultimate,    not    pro- 

bative, facts  required. 

984.  Finding    upon   conflicting    evidence 

not  reviewable. 

985.  Finding  not  warranted — Negligence 

in  communication  of  infection. 
985a.  Finding  as  to  bar  of  statute  justi- 
fied. 

7.  Orders. 

986.  Service — Dismissal  for  want  of. 
986a.  Dismissal  on  own  motion  for  want 

of  jurisdiction  on  face  of  peti- 
tion. 

987.  Consolidation  of  two  proceedings — 

For  disability  and  for  death. 


8.  Statute  of  limitations. 

988.  Statute  affects  only  the  remedy. 

989.  The  provisions  of   section   11   of 

the  act  of  1917  are  procedural. 

990.  Force     and     effect      of      phrase 

' '  wholly  barred. ' ' 

991.  Significance   of  word   "barred." 

992.  Filing  of  application  for  rating 

not    a    commencement    of    pro- 
ceedings for  compensation. 

993.  Filing  of  request  for  permanent 

disability     rating     stops     run- 
ning of  statute. 

994.  Application  of  section  16  (c),  act 

of  1913. 

995.  Date  of  last  payment  of  compen- 

sation. 

996.  Extension  of  period  by  payment 

of  compensation. 

997.  Payment  of  wages — Without  per- 

forming service. 

998.  Same — Performing    part   service. 

999.  Same — Excess  of  wages  as  com- 

pensation. 

1000.  Same — One  day  following  injury. 

1001.  Same — Immaterial   whether   com- 

pensation is  due. 

1002.  Furnishing  medical  treatment. 

1003.  Payment    for   medical   services — 

Act  of  1917. 

1004.  Same — Payment   for  prior  treat- 

ment. 

1005.  Payment   of   damages   under   ad- 

miralty law. 

1006.  Collection  of  death  benefit. 

1007.  Under  the  act  of  1913. 

1008.  Same — Filing  of  application  for 

disability  rating. 

1009.  Claim  by  foreign  dependent — Ap- 

plication within  one  year  from 
death. 

1010.  Disability  uncertain. 

1011.  "Further  disability." 

1012.  Same — Application  of  phrase. 

1013.  Same — Continuing  disability. 

1014.  Same — Not  further  disability. 

1015.  Same  —  Same  —  Steadily   failing 

sight. 

1016.  Same — Injury  occurring  prior  to 

amendment  of  section  16    (c). 

1017.  Same — When     statute     has     run 

against  original  disability. 

1018.  Same — When    statute    begins    to 

run  against  new  disability. 

1019.  Same — Date    statute    begins     to 

run. 
1020,  1021.     Same — When  claim  barred. 

1022.  Same  —  Reduction     of     earning 

power. 

1023.  Same — Arising    two    years    after 

original  injury. 

1024.  Continuing   jurisdiction    of   com- 

mission. 

1025.  Two   distinct  injuries — One   only 

named. 

1026.  Claim  of  lien  for  medical   serv- 

ices. 

1027.  Effect  of  minority. 

1028.  Bar  must  be  pleaded  in  five  days. 
1029-  1031.     Same — Failure  to  plead,   waiver. 


Act  2781 


ge:neral.  laws. 


1664 


1032.     Agreement    to    forego    operation 

of  statute. 
10^3.     Power  of  commission  to  aet  aside 

defense  of  statute. 

1034.  Failure  to  file  claim  within  agreed 
time. 

Judgment  or  award,     a.  Finality  and 
conclusiveness. 

1035.  Eeopeniug  decisions  on  change  of 
law. 

1036.  Testimouy   taken   before   referee. 

1037.  Annulled  on  newly  discovered 
evidence. 

1038.  Same — Applicant  not  widow. 

1039.  Dismissal  of  employer  —  Rein- 
statement. 

1040.  Error  of  procedure  does  not  va- 
cate award. 

6.  Alteration,  amendment,  etc. 

1041.  Waiver  of  objections  not  made. 

1042.  Jurisdiction    to    amend    not    un- 
limited. 

1043.  Findings,  not  attacked,  final  be- 
fore proceeding  to  amend  be- 
gun, conclusive. 

1044.  Notice  of  hearing  of  proceeding 
to  amend,  sufficiency. 

1045.  Changed  conditions  must  be 
shown  as  basis  of  application 
to  amend. 

10.  Rehearing. 

1046.  Notice  of  hearing— Right  of  per- 
son against  whom  award  is 
made. 

1047.  Petition   for   rehearing,   contents. 

1048.  Points  raised  for  first  time. 

1049.  Same— Point  of  lack  of  jurisdic- 
tion. 

1049a.  Same— Maritime  injury. 

1050.  Failure  to  make  express  findings 
Want  of  objection. 

1051.  Jurisdiction  of  commission  ex- 
pires on  denial  of  rehearing. 

1052.  Substitution  of  insurance  carrier 
— Request  after  time  for  re- 
hearing has  expired. 

1053.  "Filing"  not  "service." 

1054.  Same — Code  provision  not  super- 
seded. 

11.  Beview. 

1055.  Respondents — Members 
mission. 

1056.  Attack    upon 
act. 

Limitation  of  review  of  awards. 

Want  of  evidence  to  sustain  find- 
ings —  Newly  discovered  evi- 
dence— Grounds  for  rehearing 
but  not  for  review. 

Power  to  annul  awards — Grounds. 
1061-  1061a.  Scope  of  jurisdiction  of  supreme 
court. 

1062.  Certiorari — Grounds  restricted  to 
those  stated  in  section  84. 

1063.  Annulment  of  award  on  review, 
grounds  of. 


of    corn- 


award — Intent    of 


1057, 1058. 
1059. 


1060. 


1064.  Fixercise  of  discretion  not  review- 

able, unless  wholly  unsup- 
ported in  the  record. 

1065.  Same — Determination   as   to   rea- 

sonable time. 

1066.  Annulment  of  award   on   review, 

when. 

1067.  Award  may  be  reviewed  but  not 

collaterally  attacked. 

1068.  Jurisdiction   of   supreme   court — 

Power  to  weigh  evidence. 
1069,  1070.     Supreme    court    not    a    court    of 
appeal. 

1071.  Appeals  not  provided  for  in  the 

"Boynton  Act." 

1072.  Application   for   review   must   be 

made  within  the  proper  time. 
1073-  1075.     Time  to  apply  for  certiorari. 

1076.  Same — Medical      services — Order 

not  final  judgment — Premature 
application  for  writ  of  review. 

1077.  Review  of  evidence,  extent  of. 

1078.  Award   nullified   for  insufficiency 

of  evidence. 
1079-  1080.     If  any  evidence  to  support  find- 
ing, award  affirmed. 

1081.  Admission    of    incompetent    evi- 

dence, no  ground  for  annul- 
ment, if  supported  by  compe- 
tent evidence. 

1082.  On    review  —  Every    reasonably 

drawn  inference  taken  in  aid  of 
findings. 

1083.  Same — Drawing  different  conclu- 

sions. 

1084.  Same — If     conclusion     could     be 

reached  by  a  reasonable  man. 

1085.  Same — Finding   supported   under 

any  rational  view  of  evidence. 

1086.  Same — Findings   and   conclusions 

not   subject   to   review   if   rea- 
sonably supported. 
1087.     Order  within  jurisdiction,  under 

facts,  not  reviewable. 
1088.     Petition   for  certiorari — Showing 
of  insufficiency  of  evidence. 
1089,  1090.     Same — Same — Finding    sustained 
— Application   dismissed. 

1091.  Findings     supported — Origin     of 

sarcoma. 

1092.  Findings    as    to    relationship    of 

parties  conclusive. 

1093.  Finding    as    to    dependency    not 

reviewable. 

1094.  Review    of   award — Questions    of 

fact. 

1095.  Award  without  proof  of  accident, 

nullified. 

1096.  Award    annulled    for   total    want 

of  evidence  to  sustain. 

1097.  Award  set  aside  for  want  of  sup- 

port in  the  evidence — Unsup- 
ported award  will  be  set  aside. 

1098.  Findings  totally  unsupported  are 

subject  to  review. 

1099.  Relationship — Finding    on    hear- 

say testimony,  binding  on  ap- 
pellate court. 

1100.  Finding  of  jurisdictional  fact  on 

hearsay  testimony. 


164i5 


MASTER   AND    SERVANT. 


Act  2781 


\ 


1101.  Annullment    of    award — Hearsay 

statements  of  deceased. 

1102.  Admission    of    hearsay    evidence 

immaterial    if    other    evidence 
sufficient. 
1103,  1103a.  Findings  on  conflicting  evidence. 

1104.  Same — Not  subject  to  review. 

1105.  Finding  as  to  status  of  employee 

on  conflicting  evidence. 

1106.  Findings  not  subject  to  question 

on  review,  where  the  evidence 
in  support  is  conflicting. 

1107.  Findings     upon     conflicting    evi- 

dence will  not  be  disturbed 
where  there  is  some  support. 

1108.  Arising  out  of  and  in  course  of 

employment — Finding  on  con- 
flicting evidence  upheld. 

1109.  Irregularities  or  errors  in  proce- 

dure not  jurisdictional. 

1110.  Inconsistent  findings  not  ground 

for  review. 

1111.  Consideration  of  evidence  in  sup- 

port of  findings. 

1112.  Evidence  taken  without  notice  to 

party  affected  by  award. 

1113.  Errors  in  admission  or  exclusion 

of  evidence — Not  reviewable. 

1114.  Findings     of     fact     upon    which 

jurisdiction  is  based  are  re- 
viewable. 

1115.  Jurisdictional  facts  must  be  sup- 

'  ported  by  competent  evidence. 

1116.  Finding  as  to  jurisdictional  fact 

unsupported — Award    annulled. 

1117.  Question   of   relationship   of   em- 

ployer and  employee  jurisdic- 
tional,  and   subject   to   review. 

1118.  Questions  as  to  whether  accident 

arose  out  of  employment,  and 
whether  wilful  misconduct 
proximately  caused  accident 
are  jurisdictional. 

1119.  "Eoseberry    Act" — Question    of 

wilful  misconduct  jurisdic- 
tional. 

1120.  Question  as  to  wilful  misconduct 

of  employee  reviewable. 

1121.  Question      of      "wilful      miscon- 

duct ' '  jurisdictional. 
1121a.  Willful  misconduct  of  employee. 

1122.  Double   employment — Finding   as 

to  excluded  employment. 

1123.  Scope  of  section  84 — Eeviewable 

facts. 

1.  Jurisdiction,     a.  In  general. 

804.  Commission  exercises  judicial  func- 
tions.— The  industrial  accident  commission 
in  awarding  compensation  under  the  act 
exercises  judicial  functions,  and  is  a  judi- 
cial body,  and  must  observe  the  require- 
ments of  the  federal  constitution  with  re- 
spect to  due  process  of  law. — Carstens  v. 
Pillsbury,  172  Cal.  572,  158  Pac.  218. 

805.  Jurisdiction — Liberal  construction  of 
act. — The  industrial  accident  commission  is 
a  tribunal  of  limited  jurisdiction,  whose 
powers  do  not  extend  beyond  the  settlement 
of  disputes  arising-  under  the  legislation 
contemplated   by   section   21,   article   XX,   of 

Gen.  Laws — 105 


the  constitution;  but  that  section  is  to  be 
liberally  construed  to  effect  its  purpose. — 
Employer's,  etc.,  Corp.  v.  Industrial  Acci- 
dent Commission,  177  Cal.  771,  775,  171  Pac. 
935. 

806.  Commission  iias  no  greneral  juris- 
diction.— The  industrial  accident  commission 
is  wholly  without  power  or  authority  in 
matters  of  general  jurisdiction  without  the 
scope  of  its  limited  jurisdiction  under  the 
act. — Gamble  v.  Superior  Court,  6  I.  A.  C. 
Dec.  26,  39  Cal.  App.  661,  179  Pac.  717. 

807.  Jurisdiction  of  commission  is  de- 
rived from  the  act. — The  power  of  the  com- 
mission to  award  compensation  is  derived 
from  the  act,  and  exists  only  in  the  cases 
and  to  the  extent  defined  therein. — Massa- 
chusetts, etc.,  Co.  V.  Pillsbury,  170  Cal.  767, 
769,   151   Pac.  419. 

SOS.  Enforcement  of  liability  against 
other  than  employer. — Section  21,  article 
XX,  of  the  constitution  confers  no  authority 
upon  the  legislature  to  create  or  enforce 
any  liability  aaginst  any  except  employers. 
— Carstens  v.  Pillsbury,  172  Cal.  572,  579, 
158   Pac.    218. 

800.  Section  21,  article  XX,  confers  no 
power  upon  the  legislature  to  authorize  the 
industrial  accident  commission  to  inquire 
into,  determine  and  enforce  liabilities  under 
section  30  of  the  act  in  favor  of  an  injured 
employee  against  persons  other  than  his 
employer. — Sturdivant  v.  Pillsbury,  172  Cal. 
581,   582,   158  Pac.  222. 

810.  Same — Subject  to  annulment — Not 
incurably  void.- — ^Although  an  award  by  the 
industrial  accident  commission  in  favor  of 
an  employee  against  a  person  other  than  his 
immediate  employer,  is  subject  to  annul- 
ment on  review,  as  in  excess  of  the  consti- 
tutional power  of  the  commission,  it  is  not 
necessarily  and  incurably  void,  and  unless 
annulled  in  the  manner  prescribed  by  the 
act  is  conclusively  presumed  to  be  valid 
and  binding. — Thaxter  v.  Finn,  178  Cal.  270, 
275,  173  Pac.  163. 

Sll.  Reimbursement  of  funeral  expenses 
advanced  by  third  person. — In  the  absence 
of  an  application  the  commission  has  no 
jurisdiction  to  make  an  allowance  for  reim- 
bursement to  a  tliird  person  for  money 
advanced  to  pay  the  funeral  expenses  of  a 
deceased  employee.  —  "Western  Indemnity 
Company,  35  Cal.  App.  104,  169  Pac.  261. 

811a.  Reimbursement  for  funeral  ex- 
penses— No  application. — The  commission  is 
without  authority  to  allow  a  sum  of  money 
paid  for  funeral  expenses  of  a  deceased  em- 
ployee in  the  absence  of  the  filing  of  an 
application  therefor  with  the  commission. — 
Western  Indemnity  Co.  v.  Industrial  Acci- 
dent Commission,  35  Cal  App.  104,  169  Pac. 
261,  4  I.  A.  C.  Dec.  328  (Pavlovic  v.  Click, 
4  I.  A.  C.   Dec.   114). 

812.      Injury  to  employee  of  sub-contractor 

where    original    contractor    is    not    liable. 

The  commission  is  only  authorized  to  decide 
disputes  between  employer  and  employee 
in  regard  to  claims  for  compensation  for 
industrial  injuries  such  as  are  allowed  by 
the  act  and  it  has  no  power  to  decide  upon 


Act  2781 


gene:ral  laws. 


1CG« 


a  claim  by  an  employee  for  compensation 
against  a  general  contractor  where  his  em- 
ployer is  a  sub-contractor,  or  against  the 
owner  of  the  building  where  he  is  em- 
ployed, or  against  any  one  who  is  not  his 
employer. — Thaxter  v.  Finn,  178  Cal.  270, 
173  Pac.  163,  5  I.  A.  C.  Dec.  101  (Thaxter  v. 
Thaxter,  1  I.  A.  C.  Dec.  197). 

813.  PoTrer  to  determine  qnestion  of  ju- 
risdiction after  apparent  bar  of  statute. — 
The  commission  has  power  to  determine 
whether  it  has  jurisdiction  to  hear  a  con- 
troversy after  the  apparent  bar  of  the  stat- 
ute has  fallen. — Kemper  v.  Industrial  Acci- 
dent Commission,  177  Cal.  618,  171  Pac.  426, 
5  I.  A.  C.  Dec.  41  (Kemper  v.  Nathan-Dohr- 
mann  Co.,    4  I.   A.   C.   Dec.   101). 

814.  Consent  can  not  confer  jurisdiction. 
— Jurisdiction  of  the  subject-matter  may  not 
be  conferred  by  consent,  but  the  parties 
may  stipulate  as  to  the  existence  of  such  a 
state  of  facts  as  bring  the  case  within  the 
jurisdiction  of  the  commission. — Employer's 
L.  A.  Corp.  V.  Industrial  Accident  Commis- 
sion,  177  Cal.  771,   774,  171  Pac.   935. 

815.  Where  jurisdiction  conceded,  facts 
should  be  interpreted  in  support  of. — Where 
the  parties  expressly  concede  the  jurisdic- 
tion of  the  commission,  the  specific  facts 
admitted  or  proven  should,  so  far  as  reason- 
ably can  be  done,  be  interpreted  so  as  to 
support  the  concession. — Employer's  L.  A. 
Corp.  V.  Industrial  Accident  Commission,  177 
Cal.    771,    774,   171    Pac.   935. 

S15a.  liiability  of  insurer. — The  commis- 
sion has  jurisdiction  to  determine  all  ques- 
tions of  law  and  fact  upon  which  the  lia- 
bility of  an  insurance  carrier  depends. — 
Employer's,  etc.,  Co.  v.  Industrial  Accident 
Commission,  177  Cal.  771,  171  Pac.  935,  5 
I.  A.  C.  Dec.  72  (Mann  v.  Johnson,  4  I.  A.  C. 
Dec.  253). 

816.  Requiring  larg-e  corporation  to  de- 
posit security  not  abuse  of  discretion. — It 
is  not  abuse  of  discretion  on  the  part  of 
the  commission  to  order  a  large  corpora- 
tion, engaged  in  an  extensive  business,  with 
many  millions  of  dollars  surplus,  to  deposit 
securities  or  give  bond  as  a  condition  of 
being  allowed  to  carry  its  own  insurance 
since  the  highest  purpose  of  the  act  is  that 
compensation  shall  be  made  available  to 
the  injured  employee  when  it  is  most 
needed. — Bank  of  Dos  Bancs  v.  Industrial 
Accident  Commission,  181  Cal.  150,  183  Pac. 
538,   6  I.  A.  C.  Dec.  129. 

S16a.  Same — Jurisdiction  of  employer  is 
juriisdiction  of  carrier. — Jurisdiction  of  the 
employer  is  jurisdiction  of  the  carrier,  and 
where  the  application  was  filed  against  the 
carrier  within  the  statutory  period,  juris- 
diction is  acquired  over  the  carrier  though 
not  made  a  party  until  the  lapse  of  that 
period. — Washburn  v.  Morrison,  6  I.  A.  C. 
Dec.   123. 

816b.  Same  —  Controversy  bet'ween  em- 
ployer and  carrier. — The  commission  has  no 
jurisdiction  to  determine  the  employer's 
right  to  be  reimbursed  by  the  insurance 
carrier    for    disability    indemnity    payments 


made  prior  to  the  hearing. — Tucson  v.  York, 
etc.,  Co.,   6  I.  A.  C.  Dec.   110. 

816c.  The  commission  has  no  Jurisdic- 
tion over  a  proceeding  brought  by  an  em- 
ployer against  his  insurance  carrier. — St. 
Josephs,  etc.,  v.  Hartford,  etc.,  Co.,  5  I.  A.  C. 
Dec.    139. 

816d.  Same— PoT^er  to  determine  all  ques- 
tions of  law  and  fact. — The  commission, 
having  jurisdiction  to  make  an  award 
against  an  insurance  carrier,  has  power  to 
determine  all  questions  of  law  and  fact  upon 
which  the  liability  of  such  insurance  car- 
rier, including  an  alleged  breach  by  the 
employer  of  certain  warranties  contained 
in  the  policy,  and  the  alleged  cancellation, 
upon  such  breach,  of  such  policy. — Em- 
ployer's D.  A.  Corp.  v.  Industrial  Accident 
Commission.   177   Cal.   771.  775.   171   Pac.   935. 

816e.  Power  to  determine  validity  of  In- 
surance policy. — The  commission  has  juris- 
diction to  consider  and  determine  the  valid- 
ity of  a  policy  of  insurance  against  liability 
under  the  act. — Mann  v.  Johnson,  4  I.  A.  C. 
Dec.   253. 

S16f.  Power  to  determine  question  of 
"willful  misconduct." — While  the  question  of 
"willful  misconduct"  goes  to  the  jurisdiction 
of  the  court  to  make  an  award,  the  commis- 
sion has  the  right  to  hear  and  determine 
the  controversy,  and  in  this  sense  "willful 
misconduct"  is  not  jurisdictional  but  purely 
a  matter  of  affirmative  defense. — United 
States  Fidelity  and  Guaranty  Co.  v.  Indus- 
trial Ace.  Com.,  174  Cal.  616,  620,  163  Pac. 
1013. 

816g.  Lack  of  legal  authority  to  file  ap- 
plication.— An  unauthenticated  letter  pur- 
porting to  authorize  the  filing  of  an  appli- 
cation for  compensation  under  the  act  on 
behalf  of  the  dependent  of  an  employee  is 
not  sufficient  legal  authority  to  initiate  the 
proceeding. — Western  Indemnity  Co.  v.  In- 
dustrial Accident  Commission,  35  Cal.  App. 
104,  169  Pac.  261,  4  I.  A.  C.  Dec.  328  (Pav- 
lovic  V.  Click,  4  I.  A.  C.  Dec.  114). 

Sieh.  Same — Consul  of  Russia — Treaty 
relations. — A  consul  of  Russia  can  not,  by 
virtue  of  treaty  relations,  between  Russia 
and  the  United  States,  institute  proceedings 
for  death  benefit  without  express  authoriza- 
tion from  dependents. — Strasdin  v.  Oceanic 
Steamship  Co.,   5  I.  A.   C.  Dec.   237. 

8161.  Same — Alien  enemy. — An  Austrian 
citizen  applying  for  compensation  under 
the  act  was  held  not  to  be  barred  from  the 
right  to  receive  compensation  as  an  alien 
enemy  where  at  the  time  of  sustaining  the 
injury  and  at  the  time  of  submission  of 
case  for  decision  no  proclamation  had  been 
made  by  the  President  of  the  United  States, 
declaring  war  against  Austria. — Selecht  v. 
Illinois,   etc.,   Co.,   5  I.  A.  C.   Dec.    122. 

816j.  Reconsideration  must  be  upon  same 
facts — Denial  of  rehearing. — The  jurisdic- 
tion of  the  commission  to  make  a  second 
award,  solely  upon  a  reconsideration  of  the 
facts  upon  which  the  first  award  was  made, 
expired  upon  the  denial  of  a  rehearing 
thereon,  and  it  has  no  jurisdiction  after 
such    denial    to    make    a    second    award    not 


1667 


MASTER  AXD   SERVAXT. 


Act  2781 


predicated  on  new  facts  occurring  subse- 
quent to  its  original  award. — Georgia  C. 
Company  v.  Industrial  Accident  Commission, 
177  Cal.  289,  294,  170  Pac.  621. 

816k.  Award  void  on  its  face — Collateral 
attack. — An  authorized  award  which  shows 
upon  its  face  want  of  jurisdiction  of  the 
commission  to  make  the  same,  is  not  final 
and  conclusive  against  the  parties  by  reason 
of  failure  to  apply  for  a  reliearing  or  ask 
for  a  writ  of  review,  but  is  void  on  its  face, 
subject  to  attack  in  any  proceeding  in  which 
it  is  drawn  in  question. — Tliaxter  v.  Finn, 
54  Cal.  Dec.  620,  4  I.  A.  C.  Dec.  433  (Thaxter 
v.  Thaxter,   1  I.  A.  C.  Dec.  196). 

816 1.  Unauthorized  award — I^ack  of  ju- 
risdiction— Collateral  attack. — An  unauthor- 
ized award  of  compensation  may  be  col- 
laterally attacked  in  a  proceeding  in  man- 
damus to  compel  the  execution  of  the  award. 
— Thaxter  v.  Finn,  54  Cal.  Dec.  620,  4  I.  A.  C. 
Dec.  433  (Thaxter  v.  Thaxter,  1  I.  A.  C.  Dec. 
196). 

816m.  Physician's  claim  for  services. — 
The  commission  lias  jurisdiction  over  the 
claims  of  an  employer's  physician  for  the 
reasonable  value  of  his  services. — Fry  v. 
McKay,   5   I.  A.   C.   Dec.   136. 

816n.  Committee  performing  govern- 
mental functions. — The  commission  has  no 
jurisdiction  of  a  committee  performing 
governmental  functions. — Lord  v.  Goodyear, 
etc.,  Co.,  6  I.  A.  C.  Dec.   148. 

6.  Interstate  commerce. 

817.  Nature  of  employment  —  Question 
of  la^v,  where  facts  admitted. — Where  all 
the  facts  touching  the  nature  of  the  employ- 
ment are  admitted,  the  question  as  to 
whether  it  was  interstate  or  intrastate  was 
one  of  law,  and  if  it  was  an  interstate  em- 
ployment, the  commission  had  no  jurisdic- 
tion.— Southern  Pacific  Co.  v.  Pillsbury,  170 
Cal.  782,  783,  L.  R.  A.  1916B,  916,  151  Pac. 
277. 

818.  The  case  of  Southern  Pacific  Co. 
V.  Pillsbury,  170  Cal.  782,  D.  R.  A.  1916E, 
916,  151  Pac.  277  (Ruth  case)  is  held  not  to 
be  controlling,  in  view  of  tlie  case  of  Minne- 
apolis, etc.,  Co.  V.  Winters,  242  U.  S.  353,  37 
Sup.  Ct.  170,  61  L.  ed.  358,  Ann.  Cas.  1918B, 
54,  with  which  it  is  wholly  at  variance. — 
Hines  v.  Industrial  Accident  Commission 
(Cal.),  192  Pac.  859  (Brizzolara  v.  Hines, 
6  I.  A.  C.  Dec.   236). 

819.  Federal  employer's  liability  act- 
Decisions  of  U.  S.  courts  control. — The  de- 
cisions of  the  United  States  courts  are  con- 
trolling on  the  question  as  to  whether  a 
given  employment  falls  within  tlie  scope  of 
the  Federal  Employer's  Liability  Act  (35 
U.  S.  Stats.  65). — Southern  Pacific  Co.  v. 
Industrial  Accident  Commission,  178  Cal.  20, 
22,  171  Pac.  1071. 

820.  The  decisions  of  the  United  States 
supreme  court  are  the  Ultimate  authority  as 
to  whether  an  employee  engaged  in  keep- 
ing in  repair  or  in  suitable  condition  for 
use,  a  railroad  used  indiscriminately  in  both 
interstate  and  intrastate  commerce,  is,  while 
so  engaged,  employed  in  interstate  com- 
merce.— Southein    Pacific    Co.    v.    Industrial 


Ace.  Com.,  174  Cal.  8.  10,  L.  R.  A.  1917B,  262, 
161  Pac.  1139. 

821.  Test  of  employment  In  Interstate 
commerce. — Where  the  applicability  of  the 
federal  act  is  uncertain,  the  character  of 
the  employment  in  relation  to  commerce 
may  be  adequately  tested  by  inquiring 
whether  the  employee  when  injured  was 
engaged  in  work  so  closely  connected  with 
interstate  commerce  as  practically  to  be  a 
part  of  it. — Southern  Pacific  Co.  v.  Indus- 
trial Accident  Commission,  251  U.  S.  259, 
40  Sup.  Ct.  Rep.  130,  6  I.  A.  C.  Dec.  274 
(Butler  V.  Southern  Pacific  Co.,  4  I.  A.  C. 
Dec.  294.  Reviewed  55  Cal.  Dec.  569,  5 
L  A.  C.  Dec.  86). 

821a.  The  test  as  to  whether  a  railroad 
employee  of  a  carrier  engaged  in  both  intra- 
state and  interstate  business  was  employed 
in  one  or  the  other  at  the  time  he  sustained 
an  injury  is  the  nature  of  his  employment 
at  the  time. — Southern  Pacific  Co.  v.  Indus- 
trial Accident  Commission,  6  I.  A.  C.  Dec. 
24,   179   Cal.   665,   178   Pac.   706. 

822.  California  act  inapplicable  where 
employment  is  in  interstate  commerce. — If 
the  work  in  which  a  railroad's  electric  line- 
man was  engaged  when  he  received  a  fatal 
electric  shock  was  part  of  interstate  com- 
merce the  California  act  was  inapplicable. — 
Southern  Pacific  Co.  v.  Industrial  Accident 
Commission,  251  U.  S.  259,  40  Sup.  Ct.  Rep. 
130,  6  I.  A.  C.  Dec.  274  (Butler  v.  Southern 
Pacific  Co.,  4  I.  A.  C.  Dec.  294.  Reviewed 
55  Cal.  Dec.   569,   5  I.  A.   C.   Dec.   86). 

823.  Nature  of  service  being  performed 
determined  by  general  character  of  em- 
ployment.— The  nature  of  the  service  as  to 
whether  it  is  interstate  or  intrastate  is  to 
be  determined  not  by  the  general  character 
of  the  employment,  but  by  the  nature  of 
the  immediate  service  being  rendered  at 
the  time  of  the  injury. — Morton  v.  Southern 
Pacific  Co.,  5  I.  A.  C.  Dec.  118. 

824.  New  construction  facilities,  such  as 
a  water  tower,  whicli  on  completion  is  to 
be  used  in  interstate  commerce,  is  not  a 
part  of,  and  does  not  facilitate  such  com- 
merce.— Dautrich  v.  Hines,  Director  Gen- 
ei-al,   etc.,    6   I.   A.  C.  Dec.   73. 

825.  The  work  of  rearranging,  transfer- 
ring, and  changing  tracks,  whicli  are  used 
for  both  interstate  and  intrastate  commerce 
indiscriminately  is  labor  in  expediting  in- 
terstate commerce. — Cuebas  v.  Atchison, 
etc.,   Ry.   Co.,   3  I.  A.  C.  Dec.   17. 

826.  Loading  intrastate  baggage.  —  A 
station  agent  killed  while  loading  intrastate 
baggage  upon  a  local  train  carrying  inter- 
state baggage,  was  held  to  be  engaged  in 
facilitating  and  expediting  interstate  com- 
merce, and  that  therefore  the  commission 
was  without  jurisdiction  to  consider  a  claim 
for  compensation  on  account  of  such  death. 
— Gabriel  v.  Southern  Pacific  Co.,  6  I.  A.  C. 
Dec.   62. 

827.  Unloading  Intrastate  freight.  —  The 
work  of  unloading  intrastate  freight  from 
a  car  of  a  railroad  engaged  in  both  intra- 
state and  interstate  commerce,  was  not  nec- 
essary   or    incidental    to    the    transportatioi 


Act  27S1 


GUNGRAL  LAWS. 


1668 


of  interstate  commerce,  and  an  employee 
of  the  railroad  company  engaged  In  such 
work  was  not  employed  in  interstate  com- 
merce while  so  engaged.— Perez  v.  Southern 
Pacific  Co..   6.   I.  A.   C.  Dec.   190. 

S28.  A  railroad  car  repairer,  whose  duties 
required  him  to  pass  from  one  car  to 
another  and  one  track  to  another,  seeking 
tagged  cars  requiring  light  repairs,  his 
employer  being  engaged  in  both  interstate 
and  intrastate  commerce,  is  engaged  In  In- 
terstate commerce  and  the  commission  is 
without  jurisdiction  to  determine  the  ques- 
tion of  liability  for  compensation  for  his 
death  while  pursuing  his  duties  under  the 
circumstances  of  the  present  case. — South- 
ern Pacific  Co.  V.  Industrial  Accident  Com- 
mission. 179  Cal.  59,  175  Pac.  453,  5  I.  A.  C. 
Dec.  188  (Morton  v.  Southern  Pacific  Co., 
5   I.  A.  C.   Dec.   114). 

829.  Carpenter  repairing  freight  car 
^vithdrawn  from  interstate  commerce  for 
repairs. — Where  a  carpenter  fell  and  was 
injured  while  repairing  a  freight  car  which 
had  been  used  in  interstate  commerce  but 
which  was  temporarily  withdrawn  for  the 
purpose  of  repairs  from  use  in  the  convey- 
ance of  goods,  it  was  held  that  at  the  time 
of  said  injury  said  carpenter  was  not  en- 
gaged in  interstate  commerce. — Vangorder 
V.  Southern   Pacific  Co.,   4  I.  A.   C.   Dec.    354. 

830.  Repairing  locomotive  taken  from 
Interstate  commerce  for  the  purpose. — A 
locomotive  taken  from  interstate  service 
for  repairs  and  thereafter  returned  to  such 
service,  was  held  not  to  have  been  in  inter- 
state commerce  while  undergoing  repairs. — 
Schwartz  v.  Hines,  6  I.  A.  C.  Dec.  238. 

831.  Repairs  to  locomotive  taken  from 
and  returned  to  interstate  service  held  to 
be  an  instrumentality  of  interstate  com- 
merce.— Burton  v.  Hines,  6  I.  A.  C.  Dec.  242. 

832.  Same — Grinding  bolt  for  use  in  re- 
pair.— A  machinist's  helper  employed  by  a 
railroad  company  engaged  in  grinding  a 
bolt  at  an  emery  wheel  for  use  in  a  drill 
with  which  to  do  certain  repair  work  on  a 
locomotive  which  had  been  used  exclusively 
in  interstate  commerce,  and  on  completion 
of  the  repairs  would  be  returned  to  such 
use,  was  held  to  have  been  engaged  in  work 
not  so  directly  connected  with  interstate 
commerce  as  to  be  a  part  of  it,  and  the 
commission  therefore  had  jurisdiction  to 
hear  and  determine  his  claim. — Van  Gaas- 
beek  v.  Los  Angeles,  etc.,  Co.,  5  I.  A.  C. 
Dec.   97. 

833.  Same  —  Repair  of  truck. — A  truck 
builder  and  repairer  of  trucks  for  locomo- 
tives employed  in  a  roundhouse  used  for 
storing  of  locomotives  used  in  both  inter- 
state and  intrastate  commerce,  in  making 
repairs  on  a  locomotive  used  the  previous 
day  in  interstate  commerce,  and  returned 
to  such  use  three  days  after,  but  withdrawn 
at  the  time,  was  employed  in  interstate  com- 
merce.— Southern  Pacific  Co.  v.  Pillsbury, 
170  Cal.  782,  783,  L.  R.  A.  1916E,  916,  151 
Pac.   277. 

But  see  Hines  v.  Industrial  Accident  Com- 
mission   (Cal.),    192   Pac.    859. 


834.  Same — Finding  as  to  Interstate  com- 
merce held  conclusion  of  law. — A  finding 
that  an  <,  mployee  of  a  railroad  company 
killed  while  repairing  an  engine  withdrawn 
from  service  for  that  purpose,  and  not  then 
engaged  in  any  service,  interstate  or  intra- 
state, was  not,  at  the  time,  engaged  in 
interstate  commerce,  was  a  conclusion  of 
law,  and  subject  to  review  on  certiorari. — 
Hines  v.  Industrial  Accident  Commission 
(Cal.),   192   Pac.  859. 

835.  Same — Not  In  Interstate  commerce. 
— A  broken  down  engine,  in  the  shops  for 
such  repairs  as  may  be  necessary,  is  not  in 
interstate  commerce,  and  its  character  as  an 
instrument  of  such  commerce  depends  upon 
its  employment  at  the  time,  and  not  upon 
the  probability  or  the  accident  that  may,  at 
a  later  date,  make  it  such  an  instrument. — 
Hines  v.  Industrial  Accident  Commission 
(Cal.),  192  Pac.   859. 

S3«.  The  repair  of  a  locomotive  tempo- 
rarily withdrawn  from  service  is  not  so 
immediately  and  directly  connected  with 
interstate  commerce  as  to  form  a  part  of 
it,  and  the  commission  has  jurisdiction  of 
an  application  for  an  injury  sustained 
while  making  such  repairs. — Dell'Era  v. 
Southern   Pacific  Co.,   6  I.  A.   C.  Dec.   202. 

837.  A  shopworker  In  a  railroad  round- 
house engaged  in  making  light  repairs  to 
a  locomotive  used  in  interstate  commerce 
was  held  to  have  been  employed  in  inter- 
state commerce. — Rossetti  v.  Southern  Pa- 
cific  Co.,   6  I.  A.  C.  Dec.  149. 

838.  Steamfltter  at  railroad  roundhouse. 
— A  steamfltter  working  on  steam  pipes 
used  to  conduct  steam  from  boilers  to  a 
railroad  roundhouse,  hospital  and  hotel, 
used  by  both  interstate  and  intrastate  em- 
ployees, was  held  to  be  doing  service  too 
remotely  and  indirectly  connected  with  in- 
terstate commerce  to  render  it  a  part  of 
such  commerce,  and  the  commission  as- 
sumed jurisdiction  and  awarded  compensa- 
tion for  such  injury. — Hunt  v.  Western  Pa- 
cific Rd.  Co.,  6  I.  A.  C.  Dec.  188. 

83Sa.  An  employee  engaged  In  the  opera- 
tion of  a  steam  shovel  in  a  gravel  pit  froin 
which  gravel  was  produced  for  distribu- 
tion on  the  roadbed  of  the  main  line  of  a 
railroad  used  indiscriminately  in  interstate 
and  intrastate  commerce  was  awarded  com- 
pensation for  an  injury  sustained  while  so 
engaged,  for  similar  reasons. — Kling  v. 
Southern  Pacific  Co.,  6  I.  A.  C.  Dec.  189. 

839.  Track  repairs. — The  liability  of  a 
railroad  company  using  its  tracks  indis- 
criminately in  interstate  and  intrastate 
commerce,  to  an  employee  injured  while 
engaged  in  keeping  the  tracks  in  suitable 
condition  for  use  as  an  instrumentality  of 
interstate  commerce,  is  measured  entirely 
by  the  provisions  of  the  act  of  congress  of 
of  April  22,  1908,  and  the  industrial  acci- 
dent commission  of  California  is  without 
jurisdiction  to  make  an  award  in  such  a 
case. — Southern  Pacific  Co.  v.  Industrial 
Accident  Commission,  174  Cal.  8,  13  L.  R.  A. 
1917E,  262,  161  Pac.  1139;  Southern  Pacific 
Co.  v.  Industrial  Accident  Commission,  174 
Cal.   16,   17,   161   Pac.  1142. 


!««• 


MASTER   AND   SERVANT. 


Act  2781 


840.  A  railroad  track  used  indiscrim- 
inately by  a  carrier  in  both  its  interstate 
and  intrastate  commerce  is  an  instrumen- 
tality of  interstate  commerce,  and  notwith- 
standing its  double  use.  those  "engag-ed  in 
its  repair  or  in  keeping-  it  in  suitable  con- 
dition for  use,"  are,  while  so  engaged,  em- 
ployed in  interstate  commerce. — Southern 
Pacific  Co.  V.  Industrial  Accident  Commis- 
sion. 174  Cal.  8,  10,  L.  R.  A.  1917E,  262,  161 
Pac.   1139. 

841.  Constrnction  of  new  track. — A  la- 
borer injured  in  the  construction  of  a  rail- 
road track  not  yet  used  in  commerce  was 
not  engaged  in  furthering  or  expediting  in- 
terstate commerce.  —  Lopez  v.  King,  5 
I.   A.   C.   Dec.    45. 

842.  Repairing  main  line  track. — Where 
a  section  laborer  was  killed  while  main- 
taining and  repairing  the  main  line  of  a 
railroad  lying  wholly  within  this  state  but 
over  which  interstate  commerce  was  trans- 
ported, was  held  to  be  engaged  in  inter- 
state commerce. — Antonopoulos  v.  North- 
western,  etc.,  Co.,   4  I.   A.  C.  Dec.  195. 

843.  Repairing  drive-tvay  over  Trhlch 
goods  in  interstate  commerce  move. — '^''here 
a  laborer  was  injured  while  breaking  rock 
to  surface  a  drive-way  over  which  only 
goods  moving  in  interstate  commerce  were 
hauled,  it  was  held  that  said  laborer  was 
not  engaged  in  interstate  commerce. — Vil- 
lalobus  v.  Atchison,  etc.,  Co.,  4  I.  A.  C.  Dec. 
115. 

S44.  Wiping  insulators  on  main  power 
line  of  electric  railway. — Where  a  railroad's 
electric  lineman,  when  he  sustained  a  fatal 
shock,  was  wiping  insulators  supporting  a 
w^ire  carrying  electric  power  so  intimately 
connected  with  the  propulsion  of  cars  that 
if  it  had  been  short-circuited  through  his 
body  they  would  have  stopped  instantly, 
the  work  was  directly  connected  with  in- 
terstate transportation  as  an  essential  part, 
and  the  federal  and  not  the  state  act.  gov- 
erned the  case  and  the  rights  of  the  line- 
man's dependents. — Southern  Pacific  Co.  v. 
Industrial  Accident  Commission,  251  U.  S. 
259,  40  Sup.  Ct.  Rep.  130,  6  I.  A.  C.  Dec. 
274;  Butler  v.  Southern  Pacific  Co.,  4 
I.  A.  C.  Dec.  294.  Reviewed,  178  Cal.  20,  22, 
171  Pac.  1071.   5  I.   A.   C.  Dec.   86. 

844a.  Electric  lineman.  —  An  electric 
lineman  employed  by  a  railroad,  killed 
while  engaged  in  removing  an  overhead 
telephone  wire  from  where  it  had  fallen 
across  the  trolley  wire,  used  by  the  rail- 
road company  in  the  operation  of  a  line  of 
electric  railway,  constituting  its  passenger 
system,  both  interstate  and  intrastate,  and 
in  constant  use  as  such,  was  held  to  be 
employed  in  interstate  commerce,  it  being 
shown  that  it  was  impossible  to  operate 
trains  over  the  track  until  the  telephone 
wire  was  removed,  and  the  liability  of  the 
company  for  his  death  was  measured  by 
the  act  of  congress  of  April  22,  1908,  and 
the  industrial  accident  commission  of  Cali- 
fornia was  without  jurisdiction  to  make  an 
award  in  such  case. — Southern  Pacific  Co. 
V.  Industrial  Accident  Commission,  174  Cal. 
19,    20,    161    Pac.    1143. 


84.5.  Rerailing  derailed  engine  obstruct- 
ing  Interstate  trains. — A  brakeman  on  a 
wrecking  train  sent  to  rerail  a  derailed 
engine  which  was  obstructing  the  tracks 
of  an  interstate  railway,  and  at  the  time 
of  derailing  was  hauling  several  cars  of 
interstate  freight,  was  held  to  be  engaged 
in  expediting  interstate  commerce. — James 
V.  San  Pedro,  etc.,  Rd.  Co.,  3  I.  A.  C.  Dec. 
13. 

845a.  Removing  derailed  car,  not  ob- 
structing interstate  commerce. — Where  a 
car  w^as  derailed  on  a  main  line  of  an  in- 
terstate carrier  and  for  a  time  obstructed 
the  movement  of  interstate  commerce  but 
was  moved  aside"  so  that  it  did  not  inter- 
fere with  the  passage  of  interstate  traffic, 
and  a  shop  foreman  proceeded  from  a 
neighboring  station  to  remove  the  car  and 
was  killed  while  returning  with  it  to  said 
station,  it  was  held  that  the  whole  trans- 
action was  indivisible  and  that  since  the  car 
had  obstructed  interstate  commerce,  said 
deceased  employee  was  at  the  time  of  his 
injury  engaged  in  sucli  commerce. — Gris- 
singer  v.  Southern  Pacific  Co.,  4  I.  A.  C. 
Dec.    354. 

846.  Kitchen  assistant  In  a  railroad  res- 
taurant.— A  kitchen  assistant  in  a  railroad 
restaurant  accommodating  both  interstate 
and  intrastate  passengers  and  employees, 
is  too  remotely  connected  with  interstate 
commerce  to  be  connected  with  it,  and  the 
commission  assumed  jurisdiction  and 
awarded  compensation  for  an  industrial  in- 
jury.— Ernest  v.   Hines,    6   I.   A.   C.  Dec.    208. 

847.  Cutting  wood  to  heat  interstate 
train. — The  cutting  of  wood  for  the  heat- 
ing of  an  interstate  train  is  not  employ- 
ment in  interstate  commerce,  and  the  wood 
when  cut  does  not  become  an  instrumental- 
ity of  interstate  commerce  until  it  is  put 
to  use  for  that  purpose,  whatever  may  have 
been  the  intention  in  cutting  it. — Saunders 
v.  Northwestern,  etc.,  Co.,  6  I.  A.  C.  Dec.  222. 

848.  Flagman. — A  flagman  employed  on 
a  railroad  used  indiscriminately  in  inter- 
state and  intrastate  commerce,  whose 
duties,  besides  looking  after  the  safety  of 
persons  attempting  to  cross  the  track,  ex- 
tended to  keeping  the  track  itself  in  suit- 
able condition  for  the  passage  of  trains, 
may  be  fairly  said  to  be  directly  engaged, 
in  substantial  part,  in  interstate  commerce. 
— Southern  Pacific  Co.  v.  Industrial  Acci- 
dent Commission,  174  Cal.  8,  11,  L.  R.  A. 
1917E,  262,  161  Pac.  1139;  Southern  Pacific 
Co.  V.  Industrial  Accident  Commission,  174 
Cal.   16,   17,   161   Pac.   1142. 

849.  Special  officer  killed  by  tramps  on 
interstate  train. — A  special  officer  of  a  rail- 
road, killed  by  tramps  while  he  was  in- 
vestigating their  presence  on  an  interstate 
train  without  authority,  held  to  have  re- 
ceived the  fatal  injury  while  employed  in 
interstate  commerce,  and  that  the  commis- 
sion w^as  without  jurisdiction  to  award 
compensation. — Harris  v.  Atchison,  etc., 
Co..   6  I.  A.   C.   Dec.   233. 

849a.  Railroad  %vatcliman  Injured  while 
driving  off  Jrespassers. — A  railroad  watch- 
man   injured    while    driving    trespassers    off 


Act  2T81 


GENERAL.   LAWS. 


1670 


the  property  of  his  employer's  interstate 
train,  was  engrag^ed,  when  so  Injured,  in  in- 
terstate commerce,  and  the  state  commis- 
sion had  no  Jurisdiction  to  entertain  his 
application  for  compensation  under  the 
state  act. — Smith  v.  Industrial  Accident 
Commission,   26  Cal.   App.    560.   147   Tac.   600. 

S50.  Vard  ennrlne  foreman  movlni;  Inci- 
dentally interstate  cars. — A  yard  engine 
foreman  employed  on  the  properties  of  a 
railroad  company  was  injured  while  moving 
certain  cars,  including  two  interstate 
freight  cars,  which  latter  were  moved  only 
to  separate  them  from  the  other  cars,  it 
was  held  that  the  interstate  movement  of 
the  cars  had  terminated,  and  that  the  ap- 
plicant's acts  did  not  concern  interstate 
connmerce,  and  that  the  commission  had 
jurisdiction  to  award  compensation. — Lin- 
ney  v.   Hines,    6   I.    A.   C.   Dec.    258. 

851.  A  lirakeman  employed  on  a  con- 
■trnction  train  of  a  carrier  engaged  in  both 
intrastate  and  interstate  business,  a  part 
of  whose  duty  was  to  flag  approaching 
trains  to  prevent  collisions,  and  who  was 
injured  while  alighting  from  his  train,  un- 
der the  direction  of  his  conductor,  to  flag 
an  approaching  train  engaged  in  interstate 
commerce,  was  employed  in  interstate  com- 
merce, and  the  commission  was  without 
jurisdiction  to  make  an  award  for  such  in- 
jury.— Southern  Pacific  Co.  v.  Industrial 
Accident  Commission,  6  I.  A.  C.  Dec.  24,  179 
Cal.   665,   178  Pac.   706. 

552.  lirakeman  enuployed  on  interstate 
train. — Although  the  specific  work  being 
done  by  a  brakeman  employed  on  an  in- 
terstate train,  at  the  time  of  his  fatal  in- 
jury, was  local  and  intrastate  in  its  char- 
acter, nevertheless  it  was  an  incident  of 
the  general  movement  of  the  train  which 
constituted  an  indivisible  act  and  that  at 
the  time  of  his  injury  he  was  engaged  in 
facilitating  the  movement  of  commerce,  and 
the  proceeding  for  compensation  was  ac- 
•jordingly  dismissed  for  want  of  jurisdic- 
tion.— Hudson  V.  Southern  Pacific  Co.,  6 
I.   A.  C.  Dec.   86. 

553.  Brnkeman  on  work  train  on  its  way 
to  repair  a  bridge. — A  brakeman  on  a  work 
train  on  its  way  to  repair  a  bridge,  in- 
jured while  flagging  an  interstate  train, 
was  held  to  have  been  engaged  in  working 
his  own  train  and  not  the  particular  train 
following,  and  that  he  was  not  engaged  in 
interstate  commerce. — Rouse  v.  Southern 
Pacific  Co.,   5  I.   A.  C.  Dec.   184. 

854.  TelcKrapIi  lineman. — The  commis- 
sion has  jurisdiction  over  an  injury 
sustained  by  a  lineman  employed  on  a  tele- 
graph line,  notwithstanding  the  line  ex- 
tends from  one  state  to  another. — Yonker 
v.  Western  Union  Telegraph  Co.,  4  I.  A.  C. 
Dec.   267. 

SS.I.  KnRine  herder. — Where  an  engine 
herder  was  injured  while  piloting  from  the 
train  to  its  berth  in  the  roundhouse  an  en- 
gine which  liad  just  pulled  into  the  yard 
an  interstate  train,  it  was  held  that  at  the 
time  of  said  injury  said  engine  herder  was 
engaged    in    interstate    commerce. — McFar- 


lane  v.  Los  Angeles,  etc.,  Co.,  4  I.  A.  C 
Dec.   113. 

H'tit.  ReceivinK-  clerk  for  food  supplie* 
used  on  interstate  train. — A  receiving  clerk, 
whose  duty  it  was  to  receive  and  check  at 
the  ferry  slip  food  supplies  which  are  later 
used  for  meals  served  to  both  Interstate 
and  intrastate  passengers  on  ferryboats 
operated  by  the  railroad  in  connection  with 
Its  railroad  system,  was  held  not  to  be  en- 
gaged in  interstate  commerce. — Goldenson 
V.  Southern  Pacific  Co.,  4  I.  A.  C.  Dec.   65. 

857.  Night  tvatchman  grnardingr  tooln 
and  materials  to  be  used  In  new  construc- 
tion.— A  night  watchman  employed  by  a 
railway,  who  was  injured  while  guarding 
tools  and  materials  intended  to  be  used  in 
the  construction  of  a  new  station  and  new 
tracks,  was  not  engaged  in  interstate  com- 
merce at  the  time  of  his  injury,  though  the 
new  station  and  tracks  were  designed  for 
use  w^hen  finished,  in  interstate  commerce. 
— New  York,  etc.,  Co.  v.  White,  243  U.  S. 
188,  37  Sup.  Ct.  247,  61  L.  ed.  667,  L.  R.  A. 
1917D,    1. 

85S.  Tunnel  not  yet  in  use. — An  em- 
ployee of  an  interstate  railway,  injured 
while  at  work  on  a  tunnel  not  yet  in  use, 
was  not  at  the  time  of  the  injury  em- 
ployed in  interstate  commerce. — Raymond 
V.  Chicago,  etc.,  Co.,  243  U.  S.  268,  37  Sup. 
Ct.   268,  61  L.   ed.  583. 

85Sa,  Transportation  of  U.  S.  mail — In- 
terstate commerce. — The  transportation  of 
mail  between  different  states  and  terri- 
tories is  interstate  commerce,  and  a  rail- 
road employee  performing  services  in 
connection  with  such  transportation  is  em- 
ployed in  interstate  commerce. — Zenz  v. 
Industrial  Accident  Commission,  176  Cal. 
304,    308,   L.   R.    A.    1918D,    423,    168   Pac.    364. 

850.  Same — Delivering  pouches  of  mail. 
— An  employee  of  a  railroad  company  in- 
jured while  delivering  pouches  of  mail 
from  the  company's  depot  to  a  train  of  the 
company  used  at  the  time  in  interstate  com- 
merce, was  injured  while  employed  in  inter- 
state commerce,  to  which  the  federal  em- 
ployer's liability  act  is  applicable,  and  the 
industrial  accident  commission  of  Califor- 
nia has  no  jurisdiction  to  make  an  award 
in  such  a  case. — Zenz  v.  Industrial  Accident 
Commission,  176  Cal.  304,  308,  L.  R.  A. 
1918D,   423,   168   Pac.    364. 

860.  Same — Commission  'without  Juris- 
diction.— The  commission  Is  without  juris- 
diction under  the  act  to  make  an  award  for 
injuries  sustained  by  a  call  boy  while  de- 
livering pouches  of  United  States  mail  from 
a  depot  to  a  train  of  a  railroad  company 
engaged  in  interstate  commerce. — Benz  v. 
Industrial  Accident  Commission,  176  Cal. 
304,  L.  R.  A.  1918D,  423,  168  Pac.  364,  4 
I.  A.  C.  Dec.  316  (Zenz  v.  Atchison,  etc., 
Co.,   4  I.  A.  C.  Dec.   125). 

861.  Same — Railroad  agent  of  govern- 
ment-— Although  a  railroad  company  en- 
gaged in  the  transportation  of  United  States 
mail  is  an  agent  of  the  government  in  dis- 
charging a  governmental  function  and 
therefore  subject  to  the  transportation  of 
such     mails,     nevertheless     the    carriage     of 


1C71 


MASTER   AND   SERVANT. 


Act  2781 


mails  destined  to  points  outside  the  state 
is  an  act  of  interstate  commerce. — Zenz  v. 
Atchison,   etc.,   Co..    4   I.    A.   C.   Dec.   125. 

c.  Maritime  jurisdiction. 

862.      Loadinjec  a  steamer  at  a  foreign  port. 

— The  commission  is  without  jurisdiction 
to  make  an  award  for  injuries  received  by 
the  employee  of  a  steamship  company  while 
engaged  in  assisting'  in  loading  a  steamer, 
owned  and  managed  by  the  company,  at  a 
foreign  port,  where  such  employee  was 
hired  in  this  state  for  a  voyage  to  foreign 
port  and  return,  as  such  a  contract  of  serv- 
ice was  a  maritime  contract  relating  to  for- 
eign commerce  and  within  the  admiraltj' 
and  maritime  jurisdiction  of  the  courts  cf 
the  United  States. — ^Tallac  Co.  v.  Pillsbury, 
176  Cal.  236,  168  Pac.  17,  4  I.  A.  C.  Dec. 
310  (Classen  v.  Pollard,  S.  S.  Co.,  2  I.  A.  C. 
Dec.   598). 

SG3.  Award  in  a  maritime  case. — An 
award  by  the  commission  to  a  claimant  for 
compensation  under  the  act  in  a  maritime 
case  is  void  and  not  collectible  by  action 
at  law. — Northern  Pacific  S.  S.  Co.  v.  Indus- 
trial Accident  Commission  (U.  S.  Dis.  Ct.), 
5  I.  A.  C.   Dec.   207. 

864.  Right  and  remedy  of  act  T<-itIiln 
saving  clause  of  federal  act  of  1789. — The 
right  created  by  the  workmen's  compensa- 
tion, insurance  and  safety  act,  and  the  rem- 
edy provided  thereunder,  are  within  the 
saving  clause  of  the  federal  judiciary  act 
of  1789,  granting  admiralty  jurisdiction  to 
the  district  courts,  "saving  to  suitors  in 
all  cases  the  right  of  a  common  law  rem- 
edy where  the  common  law  is  competent 
to  give  it,"  such  saving  clause  being  held 
to  include  rights  and  remedies  provided  by 
statutes  enacted  subsequently. — North  Pa- 
cific S.  S.  Co.  V.  Industrial  Accident  Com- 
mission,  174  Cal.   346,   353,   163   Pac.   199. 

865.  Authorities. — The  following  cases 
were  decided  upon  the  authority  and  fol- 
lowing the  case  of  Northern  Pacific,  etc., 
Co.  V.  Industrial  Accident  Commission,  174 
Cal.  346.  163  Pac.  199;  Alaska,  etc.,  Co.*  v. 
Pillsbury,  174  Cal.  389,  163  Pac.  204,  4  I.  A.  C. 
Dec.  49;  S.  S.  Bowdoin  Co.  v.  Industrial 
Accident  Commission,  174  Cal.  390,  163  Pac. 
204,  4  I.  A.  C.  Dec.  48  and  2  I.  A.  C.  Dec. 
386. 

SG6.  Admiralty  jurisdiction  of  federal 
courts  not  exclusive. — The  admiralty  juris- 
diction of  the  federal  courts  in  cases  of 
injuries  of  seamen  on  the  high  seas  is  not 
exclusive  in  all  cases,  and  the  industrial  ac- 
cident commission  has  jurisdiction  to  make 
an  award  of  compensatio'n  in  such  a  case 
under  the  California  Tvorkmen's  compensa- 
tion act  where  the  seaman  was  injured 
while  employed  on  board  a  vessel  owned  by 
citizens  of  California. — North  Pacific  S.  S. 
Co.  V.  Industrial  Accident  Commission,  174 
Cal.   346.   163  Pac.  199. 

S66a.  Seaman  has  an'  election  of  rem- 
edies.— An  injured  seaman  is  not  deprived 
by  the  act  of  his  right  of  action  in  the 
admiralty  court  for  damages  due  to  his 
employer's    negligence    in    providing    defec- 


tive appliances  for  his  use. — Rlegel  v.  Hig- 
gins.    241   Fed.   718. 

866b.  Seaman  bound  by  election  of  rem- 
edies.— If  an  injured  seaman  subjects  him- 
self to  the  state  tribunal  and  claims  and 
receives  the  compensation  to  which  he  la 
entitled  under  the  act,  or  if  he  accepts 
payment  by  agreement  with  full  knowl- 
edge of  his  injuries,  he  can  not  maintain  an 
action  in  admiralty  for  the  same  injuries.— 
Riegel   v.   Higgins,   241    Fed.   718. 

S66c.  Same — No  election  made. — It  was 
held  in  the  present  case  that  the  employee 
made  no  such  election  to  take  compensation 
under  the  act  as  would  preclude  him  from 
recovering  damages  in  admiralty. — Riegel 
V.  Higgins,   241  Fed.  718. 

S66d.  Admiralty  not  bound  by  state  lavr. 
— Where  a  court  of  admiralty  enforces  a 
state  statute  in  a  matter  of  admiralty  cog- 
nizance it  will  do  so  according  to  admiralty 
principles  unaffected  by  state  law. — West- 
ern Fuel  Co.  V.  Garcia,  255  Fed.  817,  167 
C.   C.   A.   145. 

S66e.  A  cause  of  action,  maritime  in 
character,  is  unaffected  by  any  state  statute, 
and  its  rights,  obligations  and  liabilities 
are  measured  by  maritime  law. — Western 
Fuel  Co.  V.  Garcia,  255  Fed.  817,  167  C.  C.  A. 
145. 

S66f.  Court  of  equity  vriH  enforce  a  state 
statiite  in  admiralty. — If  a  case  is  of  ad- 
miralty cognizance,  a  court  of  equity  will 
enforce  a  state  statute,  although  without 
such  statute  plaintiff  would  have  no  reliei 
in  admiralty. — Western  Fuel  Co.  v.  Garcia, 
255   Fed.    817,  167  C.   C.   A.   145. 

867.  Injuries  on  the  high  seas. — Thi 
commission  has  jurisdiction  to  award  com- 
pensation for  injuries  received  by  a  seamat 
in  the  course  of  his  employment  while  hte 
vessel  is  on  the  high  seas. — North  Pacifit^ 
S.  S.  Co.  v.  Industrial  Accident  Commission, 
174  Cal.  346,  163  Pac.  199,  4  I.  A.  C.  Dec. 
42  (Rose  V.  Northern  Pacific  S.  S.  Co.,  2 
I.  A.  C.  Dec.  71;  Falvik  v.  Nott,  2  I.  A.  C. 
Dec.    469). 

868.  Same  —  California  -  owned  ship.  — 
Where  an  employee  on  a  California-owned 
ship  was  a  resident  of  the  state  and  his 
contract  of  employment  was  made  in  that 
state,  the  commission  had  jurisdiction  of 
an  application  for  compensation  for  an  in- 
jury on  board  the  vessel  on  the  high  seas. 
— Mestrand  v.  Comyn  Mackall  &  Co., 
6   I.   A.   C.    Dec.    126. 

869.  The  commission  had  jurisdiction  of 
an  application  for  compensation  for  a  death 
on  board  a  California-owned  ship  on  the 
high  seas. — Karus  v.  Charles  Nelson  Com- 
pany, 6  I.  A.  C.  Dec.  125. 

870.  An  injury  to  a  seaman  on  a  Cali- 
fornia ship  on  the  high  seas  is  within  the 
jurisdiction  of  the  commission. — Johansen 
V.   Geo.   E.   Billings   Co.,   6   I.   A.   C.   Dec.    236. 

871.  Stevedore  discharging  vessel  in 
port. — The  occupation  of  a  stevedore  em- 
ployed in  discharging  a  vessel  in  port  is 
mariiime  in  its  essence,  and  the  commis- 
sion has  jurisdiction  to  award  compensa- 
tion for  injuries  received  while  employed. — 
North   Pacific   S.   S.    Co.    v.   Industrial   Acci- 


Act  2781 


GENERAL.   LAWS. 


1072 


dent  Commlssfon.  174  Cal.  346.  163  Pac.  199, 
4  I.  A.  C.  Dec.  42  (Rose  v.  Northern  Pa- 
cific S.  S.  Co.,  2  I.  A.  C.  Dec.  71;  Falvik  v. 
Nott,   2  I.   A.   C.   Dec.   469). 

872.  The  occupation  of  a  stevedore  Is  In 
its  essence  maritime;  hence,  it  is  held  that 
the  same  principles  that  are  declared  in 
the  case  of  North  Pacific  S.  S.  Co.  v.  Indus- 
trial Accident  Commission,  174  Cal.  346,  as 
to  the  jurisdiction  of  the  commission  to 
award  compensation,  where  the  injured  per- 
son was  a  seaman,  govern  here. — North  Pa- 
cific S.  S.  Co.  V.  Industrial  Accident  Com- 
mission, 174  Cal.  357,  388,  163  Pac.  203; 
Alaska  Pacific  S.  Co.  v.  Pillsbury,  174  Cal. 
389,  390,  163  Pac.  204;  Steamship  Bowdoin 
Co.  V.  Pillsbury,  174  Cal.  390,  391.  163  Pac. 
204. 

873.  Stevedore — Fall  from  Rjinsplank 
over  navicnble  water. — A  fatal  injury  sus- 
tained by  a  stevedore  from  a  fall  from  the 
panfe'plank  between  the  ship  and  the  pier, 
over  navigable  waters,  was  a  maritime 
injury,  and  the  commission  was  without 
jurisdiction. — Karagoums  v.  Napa,  etc.,  Co.. 
6  I.   A.   C.  Dec.    83. 

874.  Longrshoreman  working:  on  dock. — 
The  commission  has  jurisdiction  to  award 
a  death  benefit  in  the  case  of  a  longshore- 
man fatally  injured  while  working  on  a 
dock. — Price  v.  San  Pedro  Stevedoring  Co., 
4   I.   A.  C.  Dec.   265. 

.S7.'>.  Laws  of  parent  state,  when  Inappli- 
cable to  vessels. — The  laws  of  the  parent 
state  apply  to  a  ship  on  the  high  seas,  but 
not  to  vessels  lying  in  the  ports  of  alien 
nations  or  states  (as  to  accident  occurring 
before  section  75(a)  of  the  act  became 
effective). — Kruse  v.  Pillsbury,  174  Cal.  222, 
162  Pac.  891,  4  I.  A.  C.  Dec.  20  (Sanberg  v. 
Kruse.  1  I.  A.  C.  Dec.  441). 

.S70.     W'orklnp  on  ship  in  Oakland  estuary 

rresumptiou       from       stipulation. — Where 

the  parties  expressly  concede  the  jurisdic- 
tion of  the  commission  and  stipulate  that 
the  employee  was  injured  while  working 
on  a  ship  on  the  Oakland  estuary,  such 
stipulation  is  entirely  consistent  with  the 
possibility  that  the  ship  was  in  course  of 
construction  and  not  launched,  and  in  sup- 
port of  the  concession  as  to  jurisdiction  will 
be  so  interpreted. — Employer's  L.  A.  Corp. 
V.  Industrial  Accident  Commission,  177  Cal. 
771,  774.  171  Pac.  935  (Mann  v.  Johnson,  4 
I.   A.   C.   Dec.    253). 

877.  Mork  on  ship  prior  to  launching. — 
The  maritime  jurisdiction  of  the  federal 
courts  does  not  extend  to  claims  arising  out 
of  the  death  of  a  workman  employed  in  the 
construction  of  a  ship  occurring  prior  to 
its  launching,  and  the  jurisdiction  of  the 
industrial  accident  commission  in  such  a 
<"ase  is  ample. — Employer's  Liability  Assur- 
ance Corp.  V.  Industrial  Accident  Commis- 
sion. 177  Cal.  771,  774,  171  Pac.  935  (Mann  v. 
Johnson.  4  I.  A.  C.  Dec.  253. 

878.  Employee  Installing  apparatus  on 
vessel  in  course  of  construction. — Where  a 
vessel  had  been  launched  while  under  course 
of  construction — but  had  not  yet  been  fully 
fitted  out  or  turned  over  to  the  purchaser — 
and  an  electrician  was  injured  while  install- 


ing electrical  apparatus  of  the  ship  construc- 
tion company,  it  was  held  that  neither  said 
employment  nor  said  injury  was  maritime 
in  character  and  that  this  commission  had 
jurisdiction  to  aw^ard  compensation. — Ber- 
nard V.  Employer's  Liability  Corporation,  4 
I.   A.   C.   Dec.    382. 

879.  Engineer  installinie:  refrigerator  on 
vessel  under  construction. — An  injury  sus- 
tained by  an  engineer  while  installing  a 
refrigerator  on  a  vessel  in  course  of  con- 
struction was  not  a  maritime  injury  and 
the  commission  had  jurisdiction  to  award 
compensation. — Johnson  v.  Vulcan  Iron 
Works,   4  I.  A.  C.  Dec.  314. 

879a.  Shipwriffht  repairinj?  vessel  on 
bottom  in  Oakland  estuary. — An  injury  sus- 
tained by  a  shipwright  while  engaged  in 
repairing  a  vessel  resting  on  the  bottom 
of  Oakland  estuary  at  low  tide,  was  a  mari- 
time injury. — Pauline  v.  Tibbets,  etc.,  Co., 
5   I.   A.   C.   Dec.   72. 

8S0.  Navijjable  wafers — Launching  ba- 
sin.— A  launching  basin  dredged  out  of  land 
o'wned  by  a  ship  construction  company  and 
used  by  it  for  the  purpose  only  of  launch- 
ing ships  in  the  course  of  construction  is 
not  navigable  water  within  the  admiralty 
jurisdiction  of  the  United  States. — Bernard 
v.  The  Employers'  Liability  Corporation.  4 
I.   A.   C.   Dec.    382. 

551.  A  contract  for  the  construction  of 
a  vessel  is  not  maritime. — A  contract  con- 
cerning a  vessel  becomes  maritime,  not  at 
the  time  of  launching  a  vessel,  but  at  the 
time  of  its  completion  and  delivery  to  the 
owners. — Johnson  v.  Vulcan  Iron  Works,  4 
I.  A.  C.  Dec.   314. 

552.  Barg-e  pilot  sawing  wood  while  ves- 
sel laid  up  for  winter. — Where  an  applicant 
was  employed  and  paid  as  a  barge  pilot  and 
deckhand  throughout  the  year  and  during 
the  winter  months  sawed  wood  on  board 
said  barge  for  sale  by  his  employer,  it  was 
held  that  his  duties  were  severable  and 
that  while  so  sawing  wood  his  employment 
waS  not  maritime. — Holder  v.  Island,  etc.. 
Co.,  4  I.  A.  C.  Dec.   268. 

883.  Contract  for  polishing:  shoes  on 
ferryboat. — A  contract  of  employment  for 
the  polishing  of  shoes  of  passengers  on  a 
ferryboat  is  not  a  maritime  contract  and 
the  commission  has  jurisdiction  over  an  in- 
jury sustained  by  the  bootblack  on  board 
the  ferryboat. — Lomoglio  v.  Green,  4  1.  A.  C. 
Dec.   249. 

884.  Ferryboat  used  for  transporting 
train  on  inland  waters. — A  ferryboat  used 
for  transporting  cars  across  bay  used  in 
both  interstate  and  intrastate  business,  is  a 
part  of  the  railroad's  extension  and  not  a 
maritime  agency,  and  the  death  of  an  en»- 
ployee  thereon  is  not  a  maritime  injury, 
and  when  it  occurred  while  the  boat  was 
temporarily  withdrawn  from  service,  is 
compensable. — Hughes  v.  Southern  Pacific 
Co.,   5  I.   A.  C.  Dec.   27. 

88,1.  Effect  of  Johnson  hill. — An  Injury 
occurring  upon  navigable  waters  while  the 
so-called    Johnson    bill    was    in    effect,    was 


1G73 


MASTER  AND   SERVANT. 


Act27&^ 


held  to  be  compensable  thereunder. — Soarez 
V.  Sudden  &  Chrlstensen,  5  I.  A.  C.  Dec. 
164. 

d.   Extraterritorial. 

SS6.  <*Resldent." — The  term  "resident" 
In  section  58  of  the  act  of  1917,  applies  only 
to  citizens  and  aliens  domiciled  In  Califor- 
nia.— Quong-  Ham  Wah  Co.  v.  Industrial 
Accident  Commission,  (Cal.),  192  Pac.  1021, 
6  I.  A.  C.  Dec.  248  (Owe  Ming  v.  Alaska 
Packers  Association,   6  I.  A.  C.   Dec.   67). 

8S7,  Test  of  residence.' — Where  a  cattle 
buyer  left  this  state  frequently  on  pur- 
chasing trips  lasting  several  months  at  a 
time  but  had  a  room  in  his  employer's 
plant  which  he  used  as  his  living-  headquar- 
ters when  in  this  state,  and  he  registered 
as  a  voter  and  paid  his  poll  tax  in  this 
state  and  his  will  recited  that  he  was  "of 
the  county  of  Santa  Clara"  it  was  held  that 
he  was  a  resident  of  this  state  within  the 
meaning  of  section  75(a)  of  the  act. — Fur- 
long V.  Woodward-Bennett  Co.,  4  I.  A.  C. 
Dec.  116. 

SSS.  Traveling  .salesman  residing  in  Nevr 
Jersey,  under  exclusive  control  of  Califor- 
nia agent  of  New  York  corporation. — Where 
a  traveling  salesman,  a  resident  of  New 
Jersey  and  an  employee  of  a  New  York 
corporation,  who  was  under  complete  and 
exclusive  control  of  the  California  agent 
of  the  employing  company,  was  injured 
while  performing  his  duties  in  this  state, 
it  was  held  that  the  commission  has  juris- 
diction to  award  compensation  for  such  in- 
jury.— Benjamin  v.  Garneau  Co.,  4  I.  A.  C. 
Dec.  61. 

SS!».  Enforcement  of  obligation  in  tort 
by  lex  fori.— ^The  lex  fori  will  not  under- 
take to  enforce  an  obligation  in  tort  where 
the  obligation  was  not  created  by  the  lex 
loci  delicti. — Quong  Ham  Wah  Co.  v.  In- 
dustrial Accident  Commission  (Cal.),  6 
I.  A.  C.  Dec.  248  (Owe  Ming  v.  Alaska 
Packers  Association,   6  I.  A.  C.  Dec.  67). 

890.  Sailor  of  California  ship  lying  in 
port  of  another  state. — Where  a  sailor  wa.s 
killed  on  board  a  vessel  owned  and  char- 
tered within  this  state  while  lying  in  the 
port  of  another  state,  such  injury  was  sub- 
ject to  the  laws  of  the  state  where  the 
vessel  was  at  the  time  of  the  death,  not- 
withstanding such  ship  may  be  considered 
a  part  of  the  territory  of  this  state  while 
on  the  high  seas,  and  the  commission  is 
without  jurisdiction  to  make  an  award. — 
Kruse  v.    Pillsbury,    (Cal.)    162   Pac.    891. 

891.  Liability  for  the  death  of  an  em- 
ployee killed  on  board  a  vessel  owned  in 
California  but  lying  at  the  time  of  the 
accident  in  the  boundaries  of  the  state  of 
Washington,  and  in  a  port  subject  to  the 
shipping  and  other  laws  of  that  state,  is 
governed  by  the  laws  of  Washington. — 
Kruse  v.  Pillsbury,  174  Cal.  222,  224,  162 
Pac.   891. 

893.  Mandates  have  no  effect  beyond  ter- 
ritorial limits. — The  other  states  may  give 
effect  to  them,  but  as  law,  the  mandates 
of  a  sovereign  state  can  have  no  effect 
beyond    its    territorial    limits. — Quong    Ham 


Wah  Co.  V.  Industrial  Accident  Commission, 
(Cal.)    172   Pac.   1021. 

893.  Non-maritime  employment  under 
California   contract  by   California  residents. 

— Tlie  commission  has  jurisdiction  of  an  in- 
jury sustained  by  an  employee  without  the 
state,  where  the  employment  was  non- 
maritime  in  character,  and  the  contract  of 
employment  was  made  in  this  state  by  resi- 
dents thereof,  notwithstanding  the  services 
were  to  be  performed  wholly  without  the 
state  and  the  employment  was  to  cease  on 
arriving  in  the  state. — Polin  v.  Bristol,  etc., 
Co.,  3  I.  A.  C.  Dec.  12. 

893a.  Contract  of  hire  of  California  resi- 
dent made  in  California. — An  employee, 
resident  of  the  state,  and  employed  under  a 
contract  of  hire  made  in  the  state,  is  within 
the  jurisdiction  of  the  commission  under 
the  express  provisions  of  section  75(a)  of 
the  act. — Kistler  v.  Simpson,  etc.,  Co.,  5 
I.  A.  C.  Dec.   26. 

894.  Contract  under  act  of  1917 — Act  a 
regulation. — The  act  of  1917  is  not  an  at- 
tempt to  create  an  obligation  merely  as  an 
incident  to  a  status,  but  is,  in  form  and 
substance,  a  genuine  regulation  of  con- 
tracts subject  to  the  sovereignty  of  the 
state,  and  the  legislature  was  lawfully  em- 
powered to  impose  the  same  duties  and 
rights  as  incidents  of  such  contracts  abroad 
as  are  incidents  of  the  same  acts  occurring 
within  the  geographical  limits  of  the  state. 
— Quong  Ham  Wah  Co.  v.  Industrial  Acci- 
dent  Commission,    (Cal.)    192   Pac.    1021. 

895.  Unconstitutional  enactment  —  Crea- 
tion of  privilege  in  favor  of  citizens  of 
California. — When  the  legislature  attempts 
to  provide  that  a  substantial  privilege  shall 
be  incidental  to  certain  contracts  of  em- 
ployment when  entered  into  in  this  state 
by  citizens  of  this  state,  and  that  the  same 
privilege  shall  not  be  incident  to  identical 
contracts  of  employment  when  entered  into 
in  this  state  by  citizens  of  other  states  of 
the  Union,  the  enactment  is  clearly  violative 
of  section  2,  of  article  IV,  of  the  federal 
constitution. — Quong  Ham  Wah  Co.  v.  In- 
dustrial Accident  Commission,  (Cal.),  6 
I.  A.  C.  Dec.  248  (Owe  Ming  v.  Alaska  Pack- 
ers Association,   6  I.  A.  C.  Dec.  67). 

896.  Release  In  New  Mexico. — A  release 
of  compensation  for  an  injury  compensable 
under  the  California  act,  executed  in  New 
Mexico,  for  an  injury  sustained  in  the  latter 
state,  is  subject  to  jurisdiction  of  the  Cali- 
fornia commission,  and  where  such  release 
does  not  provide  for  payment  of  full  com- 
pensation it  does  not  divest  the  employee 
of  his  rights  under  the  act. — Kistler  v.  Wil- 
liam Simpson,  etc.,  Co.,  5  I.  A.   C.  Dec.  26. 

897.  Constitutionality    of    section    75(a). 

— Tlie  section  is  not  subject  to  attack  on 
the  ground  of  unwarranted  discrimination 
against  non-resident  employees,  by  employ- 
ers, since  they  do  not  belong  to  the  ex- 
cluded class. — Estabrook  Co.  v.  Industrial 
Accident  Commission,  177  Cal.  767,  177  Pac. 
848,  5  I.  A.  C.  Dec.  65;  Klamath  S.  S.  Co. 
V.  Industrial  Accident  Commission,  55  Cal. 
Dec.   521,   5   I.   A.   C.  Dec.   65. 


Aft  2781 


GBIVKRAL   LAWS. 


1674 


S98.  Section  75(a>  not  limitation  but 
irrant  of  power. — Section  75(a)  was  ob- 
\  iously  not  designed  as  a  limitation  upon 
the  jurisdiction  theretofore  vested  in  the 
commission,  hut  was  intended,  rather,  as  a 
grant  of  power. — North  Alaska  Salmon  Co. 
V.  Pillsbury,  174  Cal.  1,  6,  L.  R.  A.  1917E,  642, 
162   Pac.    93. 

son.  Jurlndietlon  prior  to  enactment  of 
uns. — Prior  to  the  amendment  of  1915.  add- 
ing section  75(a)  to  the  workmen's  compen- 
sation act,  the  commission  had  no  jurisdic- 
tion over  questions  of  compensation  under 
the  act,  where  the  injury  occurred  outside 
the  territorial  limits  of  the  state  of  Cali- 
fornia.— North  Alaska  Salmon  Co.  v.  Pills- 
bury.  174  Cal.  1.  6,  L.  R.  A.  1917E.  642,  162 
Pac.  93;  Kruse  v.  Pillsbury,  174  Cal.  222, 
223,   162  Pac.   891. 

noo.  EITect  of  Hccfion  75  (a>  of  act — 
Death  benefit  for  injury  and  deatli  in  an- 
otiier  state. — The  commission  has  jurisdic- 
tion to  award  a  death  benefit  for  the  injury 
and  death  in  another  state  after  the  section 
became  effective,  of  an  employee  who  was  a 
resident  of  and  hired  in  this  state. — Fur- 
long V.  Woodward-Bennett  Co.,  4  I.  A.  C. 
Pec.  116. 

S.  Notice  of  injury. 

001.  Notice  of  original  injury  re(]uired, 
not  notice  of  "further  disability." — The  no- 
tice in  writing  required  to  be  given  to  the 
employer  under  section  20  of  the  act  is  a 
notice  of  the  original  injury,  and  not  the 
further  disability  under  subdivision  c  of 
section  16,  where  compensation  has  been 
given  for  the  original  disability. — Em- 
ployee's Credit  Co.  v.  Industrial  Accident 
Commission,  177  Cal.  46,  49,  169  Pac.  1001. 

002.  Notice  by  reg:i.stered  letter  sufficient. 

— Wliere  an  injured  employee  mailed  to  his 
employer's  address  a  registered  letter  noti- 
fying him  of  the  injury  in  form  sufficient 
to  satisfy  the  requirements  of  the  act  and 
the  letter  was  delivered  within  thirty  days 
from  the  date  of  injury  at  the  employer's 
address,  but  the  employer  did  not  receive 
it  because  of  a  temporary  absence,  until 
the  period  of  thirty  days  had  expired,  it 
was  held  that  such  employee  had  given  suf- 
ficient w^ritten  notice  of  such  injury. — Cuth- 
bert  Burrel  Co.,  4  I.  A.  C.  Dec.  141. 

00.^.  Hlvidence  insufficient  to  establish 
actual  notice. — Evidence  considered  and 
held  to  be  insufficient  to  establish  actual 
notice  on  the  part  of  the  employer. — Smith 
v.  Industrial  Accident  Commission,  174  Cal. 
199.    201,   162   Pac.    636. 

004.  Actual  knowledgre — Oral  informa- 
tion.— Oral  information  on  the  part  of  the 
employer  of  the  employee's  injury  does  not 
take  the  place  of  the  actual  knowledge 
which  is  the  equivalent  of  the  written  no- 
tice required  by  section  20  of  the  workmen's 
compensation  act,  or  the  written  notice 
itself. — Smith  v.  Industrial  Accident  Com- 
mission,  174  Cal.   199,   203,   162  Pac.   636. 

005.  Notice  of  injury — .Vctual  knowledge 
of  employer. — Under  the  proviso  of  section 
20  of  the  act  of  1917  actual  knowledge  of 
the    "accident"   is   not   equivalent   to    actual 


knowledge  of  the  "injury." — Smith  v.  Indus- 
trial Accident  Commission.  174  Cal.  199,  203, 
1C2  Pac.  636,  4  I.  A.  C.  Dec.  2  (Rives  v. 
Smith,  2  I.  A.  C.  Dec.  888). 

OOft.  Actual  knowIedKc  is  cqulTalent  to 
notice. — Under  the  provisions  of  section  20 
of  the  act,  which  provides  for  actual  knowl- 
edge on  the  part  of  the  employer,  shall  be 
equivalent  to  service  of  notice,  the  com- 
mission is  justified  in  concluding  that  the 
employe-r  had  knowledge  of  the  injury  of 
the  applicant  -vyhere  the  foreman  had 
knowledge  that  for  some  time  after  the 
accident,  he  suffered  pain  and  was  not  able 
to  do  his  usual  work,  although  the  em- 
ployee thought  that  he  had  suffered  no  sub- 
stantial injury  and  rejected  the  suggestion 
of  the  foreman  that  a  report  of  the  acci- 
dent be  made. — Leadbettor  v.  Georgia  Cas- 
ualty Co.,  179  Cal.  468,  177  Pac.  449,  5  I.  A.  C. 
Dec.  233  (S.  C.  26  Cal.  App.  Dec.  1268,  5 
I.   A.    C.   Dec.   143). 

007.  Same — .\ctual  or  flr«t-hand  knowl- 
edse.^ — The  proviso  of  section  20  of  the  act 
of  1913  that  actual  knowledge  of  the  em- 
ployer of  the  injury  shall  be  equivalent  to 
service  of  written  notice  therefor,  contem- 
plates actual  or  first-hand  knowledge,  and 
oral  information  of  the  injury  conveyed  to 
such  employer  is  insufficient. — Smith  v.  In- 
dustrial Accident  Commission,  53  Cal.  Dec. 
58,  4  I.  A.  C.  Dec.  2  (Rives  v.  Smith.  2 
I.   A.   C.    Dec.   888). 

90S.  Not  prejudiced  by  'want  of  notice. — ■ 
Where  no  written  notice  of  injury  was 
given  to  the  employer  by  or  in  behalf  of 
the  injured  employee,  but  the  employer  was 
not  prejudiced  by  the  lack  of  such  notice 
and  he  had  oral  information  of  said  injury 
from  the  injured  employee  and  knew  in 
detail  of  the  employee's  claim  for  compen- 
sation on  the  day  the  injury  was  sustained, 
it  was  held  that  said  employer  was  notified 
as  required  by  section  20. — Rives  v.  Smith, 
4  T.  A.  C.  Dec.  121;  Hopper  v.  Cuthbert  Bur- 
rel Co.,  4  I.  A.  C.  Dec.  141;  Hoag  v.  Elk 
Grove,  etc.,  Dist.,  4  I.  A.  C.  Dec.  70;  Cousins 
V.  Hanlon,   4   I.  A.  C.   Dec.   97. 

909.  Same — Making  defense. — Under  the 
circumstances  of  the  present  case  it  is  held 
that  the  defendant  had  not  sufficient  op- 
portunity to  investigate  the  facts  and  was 
prejudiced  in  making  his  defense  by  fail- 
ure to  give  notice  of  injury  within  the 
time  and  in  the  manner  prescribed  by  the 
workmen's  compensation  act. — Kirkwood  v. 
Giant  Powder  Co.,   5  I.  A.  C.  Dec.  198. 

010.  Same — No  "intention  to  mislead  or 
prejudice  employer." — It  was  held  in  the 
present  case  that  the  failure  to  notify  the 
employer  of  the  injury  in  the  time  required, 
did  not  under  the  circumstances  of  this  case 
show  an  "intention  to  mislead  or  prejudice 
the  employer"  or  that  he  was  "in  fact  mis- 
led or  prejudiced  thereby  "  as  those  words 
are  used  in  section  20  of  the  act. — Telford 
V.  Healy-Tibbitts  Construction  Co.,  3  I.  A.  C. 
Dec.   41. 

911.  Notice  of  employer  to  employee  un- 
der section  34. — The  assumption  of  liability 
by  an  insurance  carrier  does  not  dispense 
with  the  necessity  for  the  employer  to  give 


1675 


MASTER  AXD   SERVANT. 


Act  2781 


■written  notice  to  the  employee  of  that  fact. 
— Hoover  v.   Kuykendall,   3  I.   A.  C.  Dec.   51. 

912.  Under  section  34  of  the  act,  when 
an  employer,  who  is  insured  against  lia- 
bility for  compensation  under  the  act  with 
a  company  authorized  to  do  such  business 
in  the  state,  gives  to  the  claimant  and  the 
insurance  carrier,  and  files  with  the  com- 
mission the  notices  required  by  that  section, 
he  is  relieved  from  liability  for  compensa- 
tion, even  though,  when  the  notices  are  so 
served  and  filed,  the  right  of  the  insurance 
carrier  to  do  business  in  the  state  has  been 
revoked. — Weiser  v.  Industrial  Accident 
Commission,   172  Cal.   538,   539,   157   Pac.   593. 

913.  Waiver  by  employer  of  right  to  se- 
lect physician. — Where  the  employer  be- 
lieving that  the  injuries  suffered  by  an 
employee  were  only  trivial,  as  did  the  lat- 
ter after  visiting  a  physician,  tendered 
medical  services  preliminarily,  he  would  be 
justified  in  resting  upon  the  assurances 
presented  by  these  conditions  until  he  had 
notice  to  the  contrary,  and  where  the  em- 
ployee later  found  that  the  disability  con- 
tinued and  became  more  aggravated  and 
endeavored  first  to  secure  relief  through 
physicians  who  he  was  informed  and  be- 
lieved were  the  employer's  physicians  and 
the  employer  had  notice  thereof  and  failed 
to  offer  the  services  of  a  physician  of  his 
own  selection,  the  right  to  make  such  se- 
lection was  waived. — Leadbettor  v.  Indus- 
trial Accident  Commission,  26  Cal.  App.  Dec. 
1268,   5  I.  A.  C.   Dec.   143. 

3.  Application. 

914.  No  particular  form  required. — It  be- 
ing the  policy  of  the  law  to  encourage  in- 
formality in  proceedings  before  the  com- 
missioner, no  particular  form  is  required 
for  an  application  for  compensation. — 
Knudsen  v.   Kallstrom,   4  I.  A.   C.   Dec.   259. 

915.  Filing   request   for  disability   rating-. 

— The  filing  of  a  request  for  a  rating  upon 
one  of  the  customary  blanks  supplied  by 
the  commission,  accompanying  a  surgeon's 
report  giving  a  detailed  description  of  the 
permanent  injury  sustained  and  a  certificate 
of  the  employer  setting  forth  the  appli- 
cant's wages,  constitutes  the  filing  of  an 
application  within  the  meaning  of  section 
22  of  the  act. — Knudsen  v.  Kallstrom,  4 
I.   A.  C.  Dec.   259. 

916.  The  filing  of  a  request  for  a  rating 

on  one  of  the  customary  applications  sup- 
plied by  the  commission,  accompanying  an 
affidavit  setting  forth  details  entitling  the 
employee  to  general  relief  is  the  filing  of 
an  application  within  the  meaning  of  sec- 
tion 22  of  the  act  of  1913. — Miller  v.  Oak 
Ridge,  etc.,  Co.,  4  I.  A.  C.  Dec.  129. 

4.  Evidence. 

917.  Evidence  taken  prior  fo  service  of 
notice  of  hearing — Invalid  avrard. — The  in- 
dustrial accident  commission  can  not  make 
a  valid  award  upon  evidence  taken  prior  to 
service  of  notice  of  hearing  upon  the  party 
liable. — First  Church  v.  Industrial  Accident 
Commission,   173  Cal.   552,    553,   160   Pac.    675. 


917a.  Evidence  taken  before  the  commis- 
sion in  support  of  a  claim  for  an  award 
against  an  owner  of  property,  as  an  em- 
ployer, without  notice,  can  not  be  consid- 
ered in  support  of  findings  against  him. — 
Carstens  v.  Pillsbury,  172  Cal.  572,  158  Pac. 
218. 

917b.  The  commission  is  not  authorized 
under  section  24  to  proceed  secretly  with- 
out notice  to  interested  parties. — Mesmer  & 
Rice  V.  Industrial  Accident  Commission,  26 
Cal.  App.  Dec.  220,  5  I.  A.  C.  Dec.  22  (Wilson 
V.  Mesmer  &  Rice,   4  I.  A.   C.  Dec.  139). 

917c.  W^here  evidence  is  taken  without 
notice  to  an  interested  party,  it  is  in  viola- 
tion of  the  due  process  clause  of  the  federal 
constitution,  and  is  a  question  of  jurisdic- 
tion and  not  one  of  mere  procedure. — Mes- 
mer &  Rice  v.  Industrial  Accident  Commis- 
sion, 26  Cal.  App.  Dec.  220,  5  I.  A.  C.  Dec. 
22  (Wilson  v.  Mesmer  &  Rice,  4  I.  A.  C. 
Dec.    139). 

917d.  Same— Testimony  given  Tvithout 
opporlunity  to  cross-examine. — Where  the 
principal  question  before  the  commission 
was  whether  the  applicant's  disabilities  were 
the  result  of  the  accident  or  arose  from  a 
certain  disease  with  which  it  was  claimed 
he  was  afllicted,  and  it  was  stipulated  the 
commission's  physician  should  examine  him, 
the  commission  is  without  jurisdiction  to 
consider  the  unverified  reports  of  two  other 
physicians,  who  were  called  in  for  consul- 
tation, without  notice  to  the  employer,  or 
allowing  him  to  cross-examine  them,  not- 
withstanding such  reports  were  but  cumu- 
lative of  the  report  of  the  commission's 
physician. — Mesmer  &  Rice  v.  Industrial 
Accident  Commission,  26  Cal.  App.  Dec.  220, 
5  I.  A.  C.  Dec.  22  (Wilson  v.  Mesmer  & 
Rice,   4   I.   A.   C.   Dec.   139). 

91 7e.      Same — Hearing      before      referee. — 

Under  the  act  of  1917,  where  a  proceeding 
for  compensation  is  heard  before  a  referee 
without  notice  to  the  insurance  carrier,  and 
without  its  being  represented,  and  testi- 
mony is  heard,  directly  controverting  the 
contention  of  the  carrier,  and  without  an 
opportunity  for  cross-examination,  it  is  the 
duty  of  the  commission  to  reopen  the  mat- 
ter for  such  cross-examination  or  for 
counter-testimony,  unless  there  is  no  possi- 
bility of  changing  the  result  by  that  means. 
— Ocean,  etc..  Corporation,  Limited  v.  In- 
dustrial Accident  Commission,  180  Cal.  389, 
182  Pac.   35. 

917f.  Lack  of  notice — Contravention  of 
constitutional  provisions. — Under  section  25, 
a  notice  showing  that  the  employee  claims 
that  a  temporary  disability  has  become 
permanent  since  the  award  was  made,  and 
stating  it  would  be  amended  so  as  to  pro- 
vide a  further  allowance  to  cover  a  per- 
manent disability  rating  "unless  good  cause 
to  the  contrary  be  shown  in  writing  and 
filed  with  the  commission  within  ten  days, 
is  sufficient,  does  not  contravene  the  pro- 
visions of  the  act  and  is  not  open  to  ob- 
jection on  constitutional  grounds. — Massa- 
chusetts, etc.,  Co.  V.  Industrial  Accident 
Commission,  176  Cal.  488,  4P1,  16S  Pac.  1050. 


Act  2781 


GENERAL.   LAWS. 


1676 


918.  Evidence — Power  to  take  secretly — 
Want  of  due  proceBW. — Even  if  the  lanpuag-e 
of  section  24  were  capable  of  an  interpre- 
tation giving  the  commission  power  to  take 
evidence  secretly,  it  would  clearly  be  a  vio- 
lation of  the  right  to  due  process  of  law. — 
Carstens  v.  Pillsbury,  172  Cal.  572,  577,  158 
Pac.   218. 

919.  Evidence  of  medical  expert — Not 
l^iven  under  oath,  and  not  siven  after  no- 
tice.— The  opinion  of  a  medical  expert,  not 
made  under  oath,  and  not  a  part  of  the 
evidence  given  before  the  referee  or  the 
4-ommission,  and  given  without  any  informa- 
tion to  the  employer  and  insurer  that  it 
was  to  be  given,  or  considered,  or  that  it 
was  filed,  and  without  any  opportunity  to 
interrogate  the  medical  expert,  or  to  make 
further  proof,  is  not  entitled  to  any  weight 
in  the  court's  consideration  of  the  question. 
—Pacific  Coast  Casualty  Co.  v.  Pillsbury, 
171   Cal.   319,    324,   153   Pac.   24. 

920.  Burden  of  proof — Relationship  of 
employer  and  employee. — The  existence  of 
the  relation  of  employer  and  employee  at 
the  time  of  accidental  injury  or  death  is 
essential  to  the  jurisdiction  of  the  commis- 
sion to  make  an  award,  and  the  burden  of 
proving  such  relationship  is  on  the  claim- 
ant.— Connolly  v.  Industrial  Accident  Com- 
mission,  173   Cal.   405,   407,    160  Pac.   239. 

921.  Same — Accident  arising  out  of  and 
in  course  of  employment. — It  devolves  upon 
one  claiming  compensation  to  establish  by 
evidence  the  fact  that  the  employee  was 
injured  by  an  accident  arising  out  of  and 
in  the  course  of  the  employment. — Casualty 
Co.  V.  Industrial  Accident  Commission,  17G 
Cal.    530,    533,    169   Pac.   76. 

922.  Same — Unexplained  injury. — Where 
applicant  proved  thg.t  the  employee  was 
killed  while  at  work,  by  an  unexplained 
fall,  she  has  established  a  prima  facie  case 
of  an  injury  arising  out  of  and  proximately 
caused  by  the  employment,  and  the  burden 
of  proving  that  the  fall  was  due  to  other 
causes  was  upon  the  defendants,  and  upon 
failure  to  do  so  a  death  benefit  was 
awarded. — Schwartz  v.  Pacific,  etc.,  Co.,  6 
I.  A.  C.   Dec.  67. 

923.  Same — Existence  of  compensable 
injury. — The  burden  of  proving  that  the 
injury  for  which  compensation  is  asked  was 
suffered  in  the  course  of  the  employment 
and  arose  out  of  the  employment  is  upon 
the  claimant. — John  A.  Roeblings,  etc.,  Co. 
V.  Industrial  Accident  Commission,  36  Cal. 
App.  10,  171  Pac.  987,  5  I.  A.  C.  Dec.  11 
(Bundshu  v.  John  A.  Roeblings,  etc.,  Co.,  4 
I.  A.   C.  Dec.   215. 

924.  Same  —  Employee  not  required  to 
establish  source  of  Injury  scientifically. — 
The  employee  is  not  required  to  account 
scientifically  for  the  source  of  contagion 
or  the  cause  of  a  disease  affecting  him,  but 
only  to  establish  by  the  preponderance  of 
likelihood  that  his  disability  arose  out  of 
and  happened  in  the  course  of  his  employ- 
ment.— Reeves  v.  Diamond  Match  Co.,  5 
I.  A.  C.  Dec.  236. 

924a.  Same — Same— Reasonable  certainty 
only    required. — In    order    to    charge    a    dis- 


ability to  a  pre-existing  condition,  such 
condition  must  be  established  to  a  reason- 
able certainty. — Snyder  v.  Pacific,  etc.,  Co., 
3  I.  A.  C.  Dec.  1. 

92."t.  Same — Same — Demonstration  not  re- 
quired— Only  reasonable  certainty. — The 
act  requires  only  that  degree  of  proof 
which  produces  conviction  in  an  unpreju- 
diced mind,  and  a  demonstration  as  to  the 
cause  of  a  death. — Shell  Co.  v.  Industrial 
Accident  Commission,  36  Cal.  App.  463,  172 
Pac.  611. 

926.  Same — Willful  misconduct  not  re- 
quired to  be  shown  afllrmatively. — An  ap- 
plicant for  an  award  under  the  workmen's 
compensation  act  is  not  required  to  show 
affirmatively  the  absence  of  willful  mis- 
conduct upon  the  part  of  the  killed  or  in- 
jured employee. — United  States  Fidelity  and 
Guaranty  Co.  v.  Industrial  Accident  Com- 
mission,  174   Cal.   616,   619,    163   Pac.   1013. 

927.  Same — Same — Affirmative  defense. — 
The  burden  of  proof  is  not  on  the  employee 
to  prove  jurisdictional  facts  and  he  need 
not  affirmatively  prove  the  absence  of  will- 
ful misconduct.  The  defense  of  willful  mis- 
conduct is  a  matter  of  affirmative  defense, 
to  be  established  by  the  employer. — Zanotti 
V.  Aquilino  &  Lagomarsino  Co.,  3  I.  A.  G. 
Dec.    53. 

928.  Same— Not  on  dependents  to  prove 
innocence  of  willful  misconduct. — In  pro- 
ceedings before  the  industrial  accident  com- 
mission the  burden  of  proof  is  not  upon 
the  injured  workman  or  the  surviving  de- 
pendents of  a  deceased  employee  to  prove 
innocence  of  willful  misconduct.  In  such 
proceedings  willful  misconduct  on  the  part 
of  the  injured  employee  is  a  matter  of  af- 
firmative defense.— United  States,  etc.,  Co. 
V.  Industrial  Accident  Commission,  174  Cal. 
616,  163  Pac.  1013,  4  I.  A.  C.  Dec.  79  (Maffia 
V.  Aquilino,  3  I.  A.  C.  Dec.  15;  Zanotti  v. 
Aquilino,    3    I.    A.   C.   Dec.    53). 

929.  Same — Employee  must  show  that 
Influenza  resulted  from  exceptional  ex- 
posure of  employment. — Where  an  employee 
claimed  compensation  for  a  disability 
caused  by  heart  disease  resulting  from  an 
attack  of  influenza,  the  burden  is  on  him  to 
show  that  his  disability  resulted  from  the 
exceptional  exposure  to  which  he  was  sub- 
jected in  caring  for  influenza  patients  at 
his  employer's  request. — Engels,  etc.,  Co.  v. 
Industrial  Accident  Commission,  (Cal.)  192 
Pac.  845. 

See,  also,  San  Francisco  v.  Industrial  Ac- 
cident Commission,  (Cal.)  192  Pac.  26  (Slat- 
tery  v.  San   Francisco,    6   I.   A.  C.   Dec.   140). 

930.  Same — After  prima  facie  case — Bur- 
den is  on  employer. — Where  an  injured  em- 
ployee has  once  established  as  a  fact  that 
his  total  disability  was  proximately  caused 
by  injury,  the  burden  of  proof  that  disability 
was  not  so  caused  is  upon  the  employer. — • 
State  Compensation  Insurance  Fund  v. 
Tripp,   4  I.   A.   C.  Dec.  151. 

931.  Same — Every  contrary  possibility 
need  not  be  negatived. — Even  though  the 
burden  of  proof  is  upon  the  applicant,  it  is 
not  necessary  that  every  po.ssibility  of 
death     by     other     tlian     accidental     means 


1677 


MASTER  AND   SERVANT. 


Act  2781 


should  be  negatived. — W.  R.  Rideout  Co.  v. 
Pillsbury,   173   Cal.    132,   134,    159    Pac.   435. 

932.  Same  —  Circumstantial   evidence.  — 

The  burden  of  proof  of  death  of  the  em- 
ployee by  violence  is  upon  the  applicant, 
but  it  is  satisfied  by  circumstantial  evi- 
dence, and  proof  of  the  finding  of  the  body 
is  not  a  prerequisite. — Western,  etc.,  Co.  v. 
Pillsbury,   173   Cal.   135,    138.    159   Pac.    423. 

933.  Hearsay  testimony — Status  of  em- 
ployee can  not  be  shown  by. — The  status  of 
an  employee,  for  whose  accidental  death 
compensation  Is  asked,  can  not  be  shown 
by  hearsay  testimony. — Connolly  v.  Indus- 
trial Accident  Commission,  173  Cal.  405,  407, 
160   Pac.   239. 

944.  Same — Statements  of  deceased  em- 
ployee competent. — Hearsay  testimony  rela- 
tive to  the  statements  of  a  deceased  em- 
ployee relating  directly  to  his  injury  is 
competent  under  section  77(a)  of  the  work- 
men's compensation,  insurance  and  safety 
act  of  1915. — Western  Indemnity  Co.  v.  In- 
dustrial Accident  Commission,  174  Cal.  315, 
163   Pac.   60. 

945.  Same— Section  77(a)  —  Declarations 
of  deceased. — Under  section  77(a)  of  the 
act  of  1913,  as  amended  in  1915,  declara- 
tions of  the  deceased  to  the  effect  that  his 
crutch  slipped  and  he  fell  and  refractured 
his  leg  are  admissible  where  death  followed 
an  operation  made  necessary  by  the  injury. 
— Shell  V.  Industrial  Accident  Commission, 
36  Cal.  App.   463,   172  Pac.   611. 

946.  Same — Same — Relating-  directly  to 
injnry,  admissible. — Under  the  amendment 
of  section  77(a),  hearsay  evidence  is  admis- 
sible in  cases  of  death  where  the  hearsay 
testimony  relates  directly  to  the  injury  in 
question.  Hearsay  evidence  as  to  the  oc- 
currence of  the  death  which  resulted  from 
a  second  accident  was  the  direct  outcome 
of  the  first,  is  admissible. — Shell  Co.  v.  In- 
dustrial Accident  Commission,  36  Cal.  App. 
463,  172  Pac.  611,  5  I.  A.  C.  Dec.  50. 

947.  Same — Same — Section  75  (6) — Not 
technical  rule  of  evidence.  —  Neither  the 
provisions  of  section  75  (subdv.  6)  nor  of 
section  77,  authorize  the  commission  to 
make  an  award  where  it  is  based  solely  on 
hearsay  evidence,  since  the  rule  as  to  hear- 
say is  not  a  technical  rule  of  evidence. — 
Englebretson  v.  Industrial  Accident  Com- 
mission,  170   Cal.   793,   797,   151   Pac.   421. 

948.  Same — Section  60(a)  act  of  1917 — 
Deposition  admissible. — Under  section  60, 
subdivision  (a)  of  the  act  of  1917,  a  depo- 
sition, although  hearsay  as  to  the  parties 
against  whom  it  was  introduced  and  not 
within  any  exception  to  the  hearsay  rule, 
was  yet  admissible. — The  Ocean,  etc..  Cor- 
poration, Limited  v.  Industrial  Accident 
Commission,  180  Cal.  389,  182  Pac.  35,  6 
I.   A.   C.   Dec.   82. 

949.  Same— Sufficiency  of,  as  to  depen- 
dency.— A  finding  of  the  commission  of  the 
dependency  of  an  applicant  for  compensa- 
tion based  upon  the  hearsay  testimony  of 
a  person  with  whom  the  deceased  employee 
had  deposited  money,  that  such  person, 
from  time  to  time,  had,  at  the  request  of 
the  deceased,   advanced  money  to  him   upon 


the  statement  that  he  wanted  to  send  the 
money  home,  is  unsupported. — Western  In- 
demnity Co.  V.  Industrial  Accident  Commis- 
sion, 35  Cal.  App.  104,  169  Pac.  261,  4  I.  A.  C. 
Dec.  328  (Pavlovic  v.  Glick,  4  I.  A.  C.  Dec. 
114). 

950.  Unverffied  report  of  physician — 
Same  as  allegation  of  complaint — Not  evi- 
dence.— An  unverified  report  of  a  physician, 
made  a  part  of  an  application  for  an 
amendment  of  an  aw^ard  for  temporary  dis- 
ability by  providing  an  additional  allow- 
ance for  permanent  disability,  has  the  same 
standing  as  an  allegation  of  a  complaint 
in  an  ordinary  action  at  law,  and  does  not 
raise  a  question  as  to  the  competency  of 
evidence. — Massachusetts,  etc.,  Co.  v.  In- 
dustrial Accident  Commission,  176  Cal.  488, 
493,    168   Pac.   1050. 

951.  Testimony  by  physicians — Not  con- 
clusive as  against  unprofessional  testimony. 

— The  commission  is  not  bound  by  the  fact 
that  the  testimony  of  physicians  offered  on 
a  medical  point  is  unanimous;  and  if  their 
testimony  is  weak  or  contradictory,  and 
unprofessional  testimony  is  found  to  be 
inherently  more  probable,  the  commission 
will  be  governed  by  the  merits. — Snyder  v. 
Pacific,   etc.,  Co.,   3  I.   A.   C.   Dec.   1. 

952.  Report  of  physician — Scope  of  In- 
quiry.— Where  the  question  arose  as  to 
whether  the  disability  of  the  applicant  was 
due  to  a  certain  disease  with  which  it  was 
claimed  he  was  afflicted  rather  than  to  the 
injury  received  at  the  time  of  the  accident, 
the  physician  had  the  right  to  employ 
assistance  to  make  certain  observations  as 
to  the  applicant,  including  a  serological  ex- 
amination, and  to  report  the  result  for  his 
information  in  observing  the  applicant  and 
in  coming  to  a  conclusion. — Mesmer  &  Rice 
(a  corporation)  v.  Industrial  Accident  Com- 
mission, 178  Cal.  466,  173  Pac.  1099,  5  I.  A.  C. 
Dec.  150  (Wilson  v.  Mesmer  &  Rice  (a 
corporation),  4  I.  A.  C.  Dec.  139,  5  I.  A.  C. 
Dec.  22). 

953.  Mental  Incompetency — Recital  as  to 
In  court  order,  not  binding  on  commission. 
— The  recitals  in  a  superior  court  order  ap- 
pointing a  guardian  as  to  mental  incom- 
petency prior  to  petition,  are  not  binding 
on  the  commission. — Ghiorso  v.  Standard 
Lumber  Co.,   5  I.  A.  C.  Dec.  172. 

954.  Marriage — W^ant  of  record. — ^The 
fact  that  a  dependent  and  deceased  em- 
ployee were  living  together  as  husband  and 
wife  was  not  sufficient  evidence  of  mar- 
riage in  the  absence  of  record  required  by 
law. — Blanca  v.  King,  5  I.  A.  C.  Dec.   196. 

955.  Circumstantial  evidence  does  not 
overturn  presumption  of  lawful  conduct. — 
Where  a  deceased  employee  was  killed 
while  driving  an  automobile,  an  award  of 
compensation  will  not  be  annulled  because 
the  deceased  was  driving  faster  than  the 
lawful  limit  of  thirty  miles  per  hour  al- 
lowed by  the  motor  vehicle  act,  where  the 
evidence  of  such  violation  of  the  act  was 
circumstantial,  in  view  of  the  presumption 
that  he  was  driving  at  a  lawful  rate  of 
speed. — United    States,    etc.,    Co.     v.    Indus- 


Act  2781 


GEiNCRAL   LAWS. 


1678 


trial  Accident  Commfsslon.   1S1  Cal.  147,  183 
Pac.   540.   6  I.  A.  C.  Dec.  127. 

95C.  Unauthentlcated  lotter,  not  writ- 
fen  or  Bifcnod  by  deiiendent  in-siifflcient  evi- 
dence of  authority. — An  unauthentlcated 
letter  from  the  father  of  a  deceased  em- 
ployee, not  written  or  signed  by  such  father, 
directed  to  an  attorney.  Is  not  sufficient  to 
authorize  the  filing  of  a  claim  for  a  death 
benefit,  and  the  irregularity  Is  not  cured 
by  a  purported  power  of  attorney,  where 
there  is  nothing-  in  the  record  to  show  that 
It  was  acknowledged,  or  Its  execution 
proved  in  a  manner  that  could  be  accepted 
as  a  sufficient  authentication  thereof. — 
Western  Indemnity  Co.  v.  Industrial  Acci- 
dent Commission,  35  Cal.  App.  104,  169  Pac. 
261. 

957.  Admission.s  made  in  delirium  or 
while  dazed  or  in  shoolt;  after  an  inquiry 
sustained,  are  held  not  to  be  sufHcient  to 
support  an  allegation  of  attempted  rescue 
of  a  child  as  the  cause  of  an  injury. — Sibley, 
etc.,   Co.  V.  Nelson,   5   I.   A.   C.   Dec.    203. 

958.  Commission  not  bound  by  stipula- 
tion as  to  facts. — The  commission  is  not 
bound  to  make  its  award  upon  a  stipula- 
tion of  facts  alone,  but  is  authorized,  under 
subdivision  b  of  section  24,  take  further 
testimony,  after  the  parties  stipulate  as  to 
the  facts. — Frankfort  G.  Ins.  Co.  v.  Pills- 
bury,  173  Cal.  56,  58,  159  Pac.  150. 

958a.  Oral  testimony  as  to  relations  of 
parties. — Upon  the  hearing  of  an  applica- 
tion for  compensation  for  injuries  received 
while  the  applicant  was  personally  dis- 
charging duties  which  devolved  upon  him 
by  virtue  of  his  written  contract  with  his 
employer,  the  commission  may  admit  oral 
testimony  as  to  the  actual  relations  of  the 
parties,  where  the  contract  merely  provided 
for  furnishing  a  delivery  truck  and  driver, 
but  did  not  provide  for  any  personal  serv- 
ices by  the  applicant. — Eng-Skgll  Co.  v.  In- 
dustrial Accident  Commission,  30  Cal.  App. 
Dec.   450,    186   Pac.    163,    6    I.    A.   C.   Dec.    209. 

959.  Average  annual  earnings — Payrolls 
of  employer. — Where  the  only  evidence  of 
the  amount  of  the  earnings  of  the  deceased 
employee  were  contained  in  the  payrolls  of 
certain  coal  companies  for  which  the  de- 
ceased had  worked,  It  was  held  that  testi- 
mony of  fellow  employees  to  the  effect  that 
the  deceased  had  earned  an  average  of  $25 
a  week  during  the  year  preceding  his 
death,  was  held  to  be  sufficient  to  justify 
a  finding  that  the  decedent's  weekly  earn- 
ings averaged  that  amount. — Souza  v.  West- 
ern,  etc.,  Co.,    4   I.  A.   C.   Dec.   95. 

960.  Conflict  of  evidence  —  Commission 
final  arbiter. — Where  there  is  a  conflict  in 
the  testimony,  or  where  opposing  infer- 
ences may  reasonably  be  drawn,  the  com- 
mission is  the  final  arbiter. — Walker  v.  In- 
dustrial Accident  Commission,  177  Cal.  737, 
738,  L.  R.  A.  1918F,   212,  171   Pac.   954. 

961.  Evidence  sufficient  to  establish 
willful  misconduct. — Evidence  held  insuf- 
ficient to  establish  the  willful  misconduct 
of  the  injured  employee. — Maffla  v.  Aquilino, 
3  I.  A.   C.  Dec.   15. 


962.  Evidence  insufficient  to  establish 
deliberate  and  intentional  failure  to  ob- 
serve rule. — It  was  held  that  the  evidence 
in  the  present  case  showed  a  deliberate  and 
intentional  failure  to  observe  a  safety  rule. 
— Thorla  v.  Atchison,  etc.,  Co.,  4  I.  A.  C. 
Dec.   143. 

963.  Evidence  sufficient  to  establish  that 
injury  proximately  caused  disaliility. — It 
was  held  in  the  present  case  that  the  evi- 
dence was  sufficient  to  establish  by  a  rea- 
sonable preponderance  of  likelihood  that 
the  disability  to  a  sarcoma  was  proximately 
caused  by  the  injury. — ^Vllla  v.  Santa  Ana 
Sugar  Co.,  4  I.  A.  C.  Dec.  147. 

964.  Evidence  not  sufficient  to  shovr  seri- 
ous and  willful  misconduct. — Held  that  seri- 
ous and  willful  misconduct  of  the  employer 
was  not  shown  by  the  evidence  in  this  case. 
— Pierce  v.  Rosenberg,  6  I.  A.  C.  Dec.  241. 

96.'>.  W^illful  misconduct — Absence  of  In- 
ference.— Upon  this  application  for  a  writ 
of  review  to  annul  an  award  made  by  the 
commission  to  the  dependents  of  a  deceased 
employee,  it  is  held  that  the  inference  that 
the  deceased  was  guilty  of  willful  miscon- 
duct in  returning  to  work  to  the  place  from 
which  he  had  been  taken  earlier  in  the  day 
and  where  he  ultimately  met  his  death,  is 
not  to  be  drawn  from  such  action. — Gray  v. 
Industrial  Accident  Commission,  34  Cal.  App. 
713.  168  Pac.  702,  4  I.  A.  C.  Dec.  296  (Leal 
V.  Gray,  4  I.  A.  C.  Dec.  218). 

966.  Evidence  sufficient — Sl<in  disease 
contracted  from  wood  dust. — Where  a  work- 
man required  continuously  to  walk  in  wood 
dust  an  inch  thick,  contracted  a  skin  af- 
fection in  the  lower  limbs,  and  a  few  other 
workmen  similarly  exposed  were  likewise 
affected,  and  no  other  probable  cause  for 
the  affection  was  presented,  it  was  held  that 
the  evidence  was  sufficient  to  establish  that 
the  dust  was  the  cause  of  the  skin  affection. 
— Reeves  v.  Diamond  Match  Co.,  5  I.  A.  C. 
Dec.    236. 

967.  Evidence  sufficient — Death  result  of 
injury. — The  evidence  in  the  present  case 
is  held  to  be  sufficient  to  prove  that  the 
death  of  the  deceased  employee  while  em- 
ployed as  a  pitman  of  a  steam  shovel  was 
a  result  of  an  injury  sustained  in  the  course 
of  employment. — Duffy  v.  California,  etc., 
Co.,   5  I.  A.   C.  Dec.   204. 

968.  Evitlence  insufficient — Injury  caused 
death. — It  was  held  in  the  present  case  that 
the  evidence  w^as  insufficient  to  establish 
that  death  was-  proximately  caused  by  the 
fall  of  a  carpenter. — Lind  v.  Anderson,  4 
I.  A.   C.   Dec.    103. 

969.  Evidence  sufficient  to  shovr  cause  of 
dinaliility  as  alleged. — It  was  held  in  the 
present  case  that  the  evidence  was  suf- 
ficient to  warrant  a  finding  that  the  dis- 
ability was  proximately  caused  as  alleged. 
— Hoag  V.  Elk  Grove,  etc.,  District,  4  I.  A.  C. 
Dec.  70. 

970.  Evidence  not  sufficient  to  show 
husband  employee  of  wife. — It  was  held 
that  the  evidence  in  the  present  case  was 
not  sufficient  to  show  that  the  husband 
was  an  employee  of  his  wife,  but  that  ii 
showed    rather    that    the    construction    was 


167D 


MASTER  AND   SERVANT. 


Act  27S1 


engaged  in  as  a  community  or  partnership 
undertaking'  for  their  general  benefit. — 
Braun  v.  Braun,  4  I.  A.  C.  Dec.  90. 

971.  Evidence  insufficient  to  overturn  in- 
herent Improbability. — It  was  held  under 
the  circumstances  of  the  present  case  to 
be  inherently  improbable  that  the  appli- 
cant sustained  a  traumatic  injury,  or  that 
the  injury  claimed  to  have  been  sustained 
was  the  cause  of  the  ailment  of  the  eye 
claimed. — Singh  v.  Reclamation  District, 
etc.,  4  I.  A.  C.  Dec.  29. 

972.  Evidence  not  sufficient  to  establish 
fiiat  injury  caused  deatli. — It  was  held  in 
the  present  case  that  the  evidence  was  not 
sufficient  to  establish  as  a  fact  that  death 
resulting  from  abscesses  and  pyemia  was 
not  proximately  caused  by  a  horse  bite  suf- 
fered in  the  course  of  his  employment. — 
Manning  v.  United  Milk  Co.,  4  I.  A.  C.  Dec. 
19. 

973.  Evidence  sufficient  to  shovr  cause  of 
disability  as  claimed. — The  evidence  in  the 
present  case  was  held  to  be  sufficient  to 
prove  that  the  employee  at  employer's  con- 
struction camp  contracted  typhoid  fever 
from  the  use  of  the  water  of  a  creek  which 
flowed  through  the  camp. — Price  v.  Bates, 
Borland  &  Ayer,  4  I.  A.  C.  Dec.  99. 

974.  Evidence  insufficient  to  show  that 
alleged  willful  misconduct  proximately 
caused  the  injury. — An  award  of  compensa- 
tion for  an  injury  to  an  eye  of  an  employee 
af  an  electro-chemical  company  from  get- 
ting caustic  therein  while  engaged  in  the 
course  of  his  employment  is  not  subject  to 
annulment  on  the  ground  of  willful  mis- 
conduct in  not,  at  the  time  of  the  injury, 
protecting  his  eyes  by  glasses  furnished  by 
tlTe  company  and  directed  by  it  to  be  used, 
where  the  evidence  is  such  that  it  can  not 
be  said  as  to  whether  or  not  the  absence  of 
the  glasses  in  any  way  contributed  to  or 
caused  the  injury. — Great  Western,  etc.,  Co. 
V.  Industrial  Accident  Commission,  25  Cal. 
App.  Dec.   895,   4  I.  A.  C.  Dec.   362. 

975.  Absence  for  less  than  seven  years 
may  be  sufficient  proof  of  death. — Absence 
for  less  than  seven  years,  coupled  with 
other  circumstances,  may  be  sufficient  proof 
of  death  at  an  earlier  date. — Western,  etc., 
Co.  v.  Pillsbury,  173  Cal.  135,  139,  159  Pac. 
423. 

976.  Custom  or  nsagere,  binding  effect  of. 
— A  custom  or  usage  in  order  to  have  any 
binding  effect  must  be  certain,  well  known, 
long  established  and  acquiesced  in;  and  a 
custom  among  the  employees,  unknown  to 
and  unrecognized  by  the  employer,  can  not 
operate  to  change  one  kind  of  employment 
into  another  so  as  to  render  an  accident 
therein  compensable  if  it  was  not  incidental 
to  or  in  the  course  of  the  work  for  which 
the  injured  person  was  employed. — County 
of  Modoc  v.  Industrial  Accident  Commission, 
32  Cal.  App.  548,  163  Pac.  685,  4  I.  A.  C. 
Dec.  25  (Lytle  v.  County  of  Modoc,  3  I.  A.  C. 
Dec.   382). 

5.  Instructions. 

977.  Instructions  to  jury  —  Rule  as  to 
weisht    of    evidence  —  Applicable    to    indus- 


trial accident  commission. — The  principle 
behind  the  rule  that  juries  are  to  be  in- 
structed that  "they  are  not  bound  to  decide 
in  conformity  with  the  declarations  of  any 
number  of  witnesses,  which  do  not  produce 
conviction  in  their  mind,  against  a  less 
number  .  .  .  satisfying  their  minds" 
operates  as  strongly  upon  the  commission 
as  instructions  under  it  do  upon  juries. — 
Santa  Ana,  etc.,  Co.  v.  Industrial  Accident 
Commission,  25  Cal.  App.  Dec.  1509,  4  I.  A.  C. 
Dec.  381  (Villa  v.  Santa  Ana,  etc.,  Co.,  4 
I.   A.   C.   Dec.    147). 

6.  Findings. 

97S.  Finding-  as  to  employment,  if  sup- 
ported, is  not  reviewable. — The  question 
whether  a  claimant  for  compensation  under 
the  workmen's  compensation,  insurance  and 
safety  act  is  engaged  in  horticultural  labor, 
and  so  not  within  the  purview  of  the  act 
is  one  of  fact  to  be  determined  by  the  com- 
mission, and  its  finding,  if  supported  by 
any  rational  view  of  the  evidence,  is  beyond 
review  by  the  supreme  court. — George  v. 
Industrial  Accident  Commission,  178  Cal. 
733,   735,   174    Pac.    653. 

97Sa.  Status  of  deceased — Employee  or 
independent  contractor. — The  finding  of  the 
commission  that  the  deceased  was  a  servant 
of  the  petitioner  and  not  an  independent 
contractor  is  conclusive. — Western  Metal 
Supply  Co.  V.  Pillsbury  (Cal.),  3  I.  A.  C.  Dec. 
109  (Mason  v.  Western,  etc.,  Co.,  1  I.  A.  C. 
Dec.   284). 

979.  Finding  as  to  cancer  resulting  from 
fall,  held  supported  by  the  evidence. — In 
this  case  it  was  held  that  the  finding  of 
the  commission  that  the  disability  from 
cancer  resulted  from  a  fall  is  supported  by 
the  evidence. — Santa  Ana,  etc.,  Co.  v. 
Industrial  Accident  Commission,  25  Cal. 
App.  Dec.  1509,  4  I.  A.  C.  Dec.  381  (Villa  v. 
Santa  Ana,  etc.,  Co.,  4  I.  A.  C.  Dec.  147). 

950.  General  rule  of  practice — Findings 
should  conform  to. — The  commission  exer- 
cises judicial  functions,  and  its  findings 
should  conform  to  and  be  judged  by  the 
general  rules  of  practice  and  law  governing 
the  same. — Smith  v.  Industrial  Accident 
Commission,   26   Cal.   App.   560,    147   Pac.   600. 

951.  Findings  and  award  have  effect  of 
judgment. — The  findings  and  award  made 
by  the  commiscion  in  the  original  proceed- 
ings for  disability  indemnity  by  an  injured 
employee,  have  the  effect  of  a  judgment 
binding  upon  the  insurance  carrier  in  a 
matter  pertinent  to  the  inquiry  regarding 
the  cause  of  the  employee's  death,  where 
such  death  followed  the  same  injury,  and 
it  makes  no  difference  ■whether  the  testi- 
mony upon  which  those  findings  and  award 
were  based  was  itself  properly  admitted  in 
the  widow's  proceeding  for  death  indemnity, 
or  not. — Western  Indemnity  Co.  v.  Indus- 
trial Accident  Commission,  176  Cal.  776,  783, 
169  Pac.   663. 

982.  Knowledge  or  notice — Actual  knovrl- 
edge. — A  finding  by  the  commission  that 
the  defendant  "had  knowledge  or  notice  of 
the  happening  of  the  accident  within  the 
time    prescribed    by    law"    is    not    a    finding 


Act  2781 


GENERAL  LAWS. 


1G80 


that  he  had  "actual  knowledgre"  of  the  in- 
jury within  the  proviso  of  section  20  of  the 
act  malting  actual  knowledge  equivalent  to 
the  written  notice  of  the  particulars  of  the 
injury. — Smith  v.  Industrial  Accident  Com- 
mission,  174  Cal.   199,   200.   162   Pac.   636. 

nsut.  Finding:"  upon  nitimnte,  not  proba- 
tive, (acts  required. — Specific  findings  upon 
probative  facts  are  not  required  of  the  com- 
mission, but  a  finding  upon  the  ultimate 
fact  is  sufflcient. — Frankfort  G.  Ins.  Co.  v. 
Pillsbury,    173   Cal.   56,    60,   159   Pac.    150. 

084.  FIndinji  upon  conflicting  evidence 
not  reviewable. — A  finding  of  the  commis- 
sion upon  conflicting  evidence  that  the  in- 
juries of  the  employee  were  received  while 
engaged  in  the  performance  of  his  duties 
under  the  employment,  can  not  be  disturbed 
on  certiorari. — McDonagh  v.  Industrial  Ac- 
cident Commission,  34  Cal.  App.  177,  166 
Pac.  1024,  4  I.  A.  C.  Dec.  208. 

0.S5.  Finding  not  ■*varranted — Negligence 
in  comniunioution  of  Infection. — The  facts 
in  tliis  ca.se  are  held  not  to  ■w^arrant  a 
conclusion  that  the  commission  was  bound 
to  find  that  infection  reached  the  face  from 
the  toe  was  due  to  the  negligence  of  the 
employee. — Bethlehem,  etc.,  Co.  v.  Indus- 
trial Accident  Commission,  58  Cal.  Dec.  421, 
185  Pac.  179,  7  A.  L.  R.  1180,  6  I.  A.  C.  Dec. 
211  (Caffrey  v.  Bethlehem,  etc..  Co..  6 
I.  A.  C.  Dec.   63). 

OS.%a.  Finding  as  to  bar  of  statute  justi- 
fied.— Upon  this  application  to  review  an 
award  made  by  the  industrial  accident  com- 
mission for  compensation  for  "further  dis- 
aliility"  under  suljdivision  (c>  of  section  16 
of  the  act,  it  is  held  that  the  finding  of  the 
commission  that  the  right  was  not  barred 
at  the  time  of  filing  of  the  application  is 
justified  by  the  evidence. — Rea  v.  Em- 
ployee's,  etc.,  Co.,   4  I.   A.  C.   Dec.   384. 

7.  Orders. 

986.  Service  —  Dismissal    for    want    of. — 

Where  an  employer  was  erroneously  named 
in  an  application  and  was  not  served,  the 
proceeding  was  dismissed  after  the  expira- 
tion of  the  limitation  of  time. — Quaranga 
V.  Ancil  Creek  Mine,  5  I.  A.  C.  Dec.  129. 

nSOa.  Dismissal  on  own  motion  for  want 
of  jurisdiction  on  face  of  petition. — Under 
section  18  (c)  of  the  act  of  1917,  the  com- 
mission is  authorized  to  dismiss  an  applica- 
tion for  compensation  on  its  own  motion, 
where  it  appears  on  the  face  of  the  appli- 
cation that  the  commission  is  without  juris- 
diction to  award  compensation. — Williams 
v.  United  States,  etc.,  Co..  5  I.  A.  C.  Dec. 
44. 

987.  Consolidation  of  two  proceedings^ 
For  disability  and  for  death. — Where  the 
two  compensable  conditions,  injury  and 
death,  arose  out  of  the  same  casualty,  the 
two  proceedings — the  one  by  the  employee 
for  the  injury  and  the  other  by  the  widow 
for  his  death — are  separate  ones,  and  the 
continuing  jurisdiction  given  by  section 
25  (d)  is  immaterial  to  the  widow's  appli- 
cation, and  the  order  consolidating  the  two 
proceedings  was  a  mere  act  of  caution  and 
without  significance  or  effect,  being  wholly 


unnecessary. — Western  Indemnity  Co.  v. 
Industrial  Accident  Commission,  176  Cal. 
776,   782,   169   Pac.    663. 

8.  Statute  of  limitations. 
988.      Statute    afltects    only    the    remedy. — 

This  section  furnishes  a  bar  within  the 
meaning  of  the  rule  that  the  statute  of 
limitations  affects  only  the  remedy,  and,  as 
matter  of  defense,  is  waived  if  not  pleaded. 
— Red  River  Lumber  Co.  v.  Pillsbury,  174 
Cal.    37,    39,    161    Pac.    982. 

08!).  The  provisions  of  section  11  of  the 
act  of  1917  are  procedural. — The  provisions 
of  section  11  of  the  act  of  1917  are  pro- 
cedural and  apply  to  any  proceedings  after 
the  act  became  effective,  although  for  the 
purpose  of  recovering  compensation  for  an 
injury  sustained  under  an  earlier  act,  and 
where  an  application  is  filed  within  six 
months  after  the  furnishing  by  the  em- 
ployee of  medical  treatment  the  application 
is  not  barred. — Kinnie  v.  Southern  Pacific 
Co.,  6  I.  A.  C.  Dec.  57. 

900.  Force  and  effect  of  phrase  "wholly 
barred." — The  language  of  this  section  is 
that  the  right  to  institute  the  proceeding 
Is  "wholly  barred"  by  the  specified  lapse  of 
time,  and  it  does  not  mean  that  the  pro- 
vision relates  back  and  avoids  the  claim 
from  the  beginning  or  forfeits  the  right. — 
Red  River  Dumber  Co.  v.  Pillsbury,  174  Cal. 
37,   40,   161   Pac.   982. 

991.  Significance  of  word  "barred." — The 
use  of  the  word  "barred"  in  this  section  in 
itself  implies  that  the  lapse  of  time  con- 
stituting the  bar  must  be  raised  as  a  de- 
fense, and  if  it  is  not  raised  it  will  be  of 
no  avail. — Red  River  Lumber  Co.  v.  Pills- 
bury,   174    Cal.    37,    40,   161    Pac.    982. 

092.  Filing  of  application  for  rating  not 
a  commencenient  of  proceedings  for  com- 
pensation.— The  filing  of  an  application  for 
a  permanent  disability  rating  with  the  rat- 
ing department  of  the  commission  does  not 
constitute  a  commencement  of  proceedingf- 
for  the  collection  of  compensation  under 
section  16  of  the  workmen's  compensation 
act. — Fidelity  &  Cas.  Co.  v.  Industrial  Acci- 
dent Commission,  177  Cal.  472,  170  Pac.  1112 
(Knudson  v.  Kallstrom,  4  I.  A.  C.  Dec.  259). 

00.1.  Filing  of  request  for  permanent  di.s- 
ability  rating  stops  running  of  statute. — ■ 
The  filing  of  a  request  for  permanent  dis- 
ability rating,  together  with  an  aflldavlt 
setting  forth  details  suflficient  to  entitle 
applicant  to  general  relief,  stops  the  run- 
ning of  the  period  of  time  limited  for  in- 
stituting proceedings  before  the  commis- 
sion.— Millar  v.  Oak  Ridge,  etc.,  Co..  4 
I.  A.  C.  Dec.   129. 

But  see  Fidelity  &  Cas.  Co.  v.  Industrial 
Accident  Commission,  177  Cal.  472,  170  Pac. 
1112  (Knudson  v.  Kallstrom,  4  I.  A.  C.  Dec. 
259). 

004.  Application  of  section  Iff  (c>,  act  of 
101.3. — The  extension  of  the  limitation  pe- 
riod of  six  months  provided  by  section 
16  (c)  is  limited  to  the  specified  case,  and 
does  not  apply  for  the  purpose  of  extend- 
ing the  time  for  the  commencement  of 
proceedings     upon     an     original     claim     not 


ICSl 


MASTER   AND   SERVANT. 


Act  2781 


previously  recognized  by  the  employer  by 
payment  of  indemnity  or  agreement. — Ehr- 
hart  V.  Industrial  Accident  Commission,  172 
Cal,  621,  624.  Ann.  Cas.  1917E,  465,  158  Pac. 
193. 

995.  Date  of  last  payment  of  compensa- 
tion.— Wiien  the  act,  in  section  16,  speaks 
of  the  date  of  last  payment  of  compensa- 
tion, it  means  the  date  on  which  the  money 
is  actually  paid,  and  the  claimant  must 
commence  his  proceeding  within  six  months 
thereafter,  unless  there  is  some  agreement 
for  payment  of  compensation. — Miller  v. 
Industrial  Accident  Commission,  172  Cal. 
473,  474,  156  Pac.  1033. 

996.  Extension  of  period  by  payment  of 
compensation. — Where  a  claim  was  filed 
against  an  employer  and  insurance  carrier 
on  October  2,  1915,  for  an  injury  sustained 
on  November  11,  1914,  and  compensation 
was  paid  up  to  August  25,  1915,  by  the  in- 
surance carrier,  but  none  was  paid  by  the 
employer,  it  was  held  that  such  compensa- 
tion was  in  the  partial  discharge  of  the 
liability  of  the  employer,  and  therefore  as 
to  such  employer  extended  the  commence- 
ment of  the  running  of  the  statute  until 
payments  of  compensation  ceased. — Hoover 
V.  Kuykendall,  3  I.  A.  C.  Dec.  51. 

997.  Payment  of  iTages  —  Without  per- 
forming ser>'ice. — Payment  of  full  wages  to 
an  employee,  after  injury,  although  per- 
forming no  service,  can  not  be  considered 
either  as  wages  or  gratuities,  but  must  be 
deemed  compensation  under  section  11  of 
the  act,  and  a  claim  for  compensation  filed 
more  than  six  months  after  the  injury 
though  less  than  six  months  after  the  last 
payment  of  wages,  is  not  barred  by  the 
statute. — Oders  v.  Great  Western,  etc.,  Co., 
6  I.  A.  C.  Dec.  95. 

998.  Same — Performiing:  part  service. — An 
employee,  who  was  paid  full  wages  after 
injury,  which  disabled  him  from  full  per- 
formance of  his  duties,  but  remained  at 
work,  the  payment  of  wages  can  not  be 
considered  as  payment  of  compensation, 
and  a  claim  for  compensation  filed  more 
than  six  months  after  the  injury  but  less 
than  six  months  from  the  last  payment  of 
wages,  was  held  barred. — McManes  v.  Ocean, 
etc.,  Corporation,   6  I.  A.  C.  Dec.  94. 

999.  Same — Excess  of  wages  as  compen- 
sation.— Where  an  employee  who  is  par- 
tially disabled  by  reason  of  an  industrial 
injury,  is  given  light  work  and  paid  his 
full  wages  by  his  employer,  the  excess  of 
wages  paid  over  the  wages  earned  is  not 
to  be  considered  as  payments  of  compen- 
sation unless,  in  addition  to  these  facts, 
an  intent  on  the  part  of  the  employer  so 
to  consider  it  appeal  from  the  circum- 
stances of  the  case. — Narta  v.  Union  Brew- 
ing, etc.,  Co.,  4  I.  A.  C.  Dec.  152. 

1000.  Same^i^One  day  follovrlngr  Injnry.^ 

Payment  of  wages  for  one  day  following 
injury  did  not  constitute  payment  of  com- 
pensation permitting  institution  of  pro- 
ceedings within  six  months  from  said  pay- 
ment.— Balczynski  v.  Pacific,  etc.,  Co.,  5 
I.  A.  C.  Dec.  222. 
Gen.  I>aws— 106 


1001.  Same  —  Immaterial  Tvhether  com- 
pensation Is  due. — It  is  immaterial  whether 
payments  made  to  an  injured  employee  are 
intended  as  compensation  or  not  whenever 
compensation  is  due;  as  a  matter  of  fact, 
payments  made  for  the  benefit  of  the  in- 
jured employee  shall  be  treated  as  disabil- 
ity indemnity,  and  whenever  such  payments 
are  made  withi.o  six  months  prior  to  the 
filing  of  the  ap|)lication  the  application  is 
not  barred. — Howell  v.  Lanfair,  5  I.  A.  C. 
Dec.   176. 

1002.  Furnishing  medical  treatment. — 
Under  the  act  of  1917  the  furnishing  of 
medical  treatment  is  payment  of  compensa- 
tion, and  the  statute  of  limitations  runs 
from  the  last  day  of  treatment. — Cooper  v. 
Anaheim,  etc.,  Association,  5  I.  A.  C.  Dec. 
187. 

1003.  Payment  for  medical  services — 
Act  of  1917. — Payment  for  medical  services 
extends  the  period  of  limitations,  under 
act  of  1917. — Hughes  v.  United  States,  etc., 
Co.,   5   I.  A.  C.  Dec.   134. 

1004.  Same  —  Payment  for  prior  treat- 
ment.— Payment  within  six  months  for 
treatment  theretofore  furnished  by  em- 
ployer, does  not  toll  the  statute  of  limita- 
tions.— Fossett  V.  Venable,  6  I.  A.  C.  Dec.  66. 

1005.  Payment  of  damages  under  ad- 
miralty laTv. — Payment  of  damages  under 
admiralty  law  for  an  injury  to  a  seaman 
on  board  a  ship  on  the  high  seas  held  not 
to  bar  a  claim  for  compensation  under  the 
act,  but  the  employer  will  be  credited  for 
the  amount  paid. — Mestrand  v.  Comyn 
Mackall  &  Co.,   6   I.   A.  C.  Dec.  126. 

1006.  Collection  of  death  benefit. — Under 
subdivision  2  of  section  16  of  the  act,  a 
proceeding  to  collect  a  death  benefit  can  be 
maintained,  although  death  ensues  more 
than  one  year  from  the  date  of  injury, 
where  it  is  commenced  within  one  year 
from  the  date  of  the  death  and  within  two 
hundred  and  forty  weeks  from  the  date  of 
the  injury. — Western  Indemnity  Co.  v.  In- 
dustrial Accident  Commission,  176  Cal.  776, 
782,  169  Pac.  663,  4  I.  A.  C.  Dec.  376  (Henne 
V.   Hjul,  3  I.  A.  C.  Dec.   433). 

1007.  Under  the  act  of  1913. — An  appli- 
cation for  compensation  filed  within  six 
months  after  a  payment  of  disability  in- 
demnity under  the  act  of  1913,  is  not 
barred,  although  more  than  six  months 
after  the  injury  was  sustained. — Kinnie  v. 
Southern  Pacific  Co.,  6  I.  A.  C.  Dec.  57. 

1008.  Same  —  Filing  of  application  for 
disability  rating. — Where  proceedings  for 
the  collection  of  compensation  were  not 
commenced  within  six  months  after  the 
date  of  the  injury,  it  is  barred,  although 
an  application  for  a  disability  rating  was 
filed  with  the  rating  department  prior  to 
the  expiration  of  that  period. — Fidelity  & 
Cas.  Co.  V.  Industrial  Accident  Commission, 
177  Cal.  472,   170  Pac.   1112. 

1009.  Claim  by  forelgna  dependent— Appli- 
cation •within  one  year  from  death. — It  was 
held  under  the  circumstances  of  this  case, 
of  a  claim  by  a  foreign  dependent  of  the 
deceased  employee  w^ho  had  sent  to  his 
attorney   in   fact   a   formal   power  of  attor- 


Act  2781 


GKIVERAL.   LAWS. 


1CS2 


ney.  and  the  attorney  In  fact  thereafter 
within  one  year  after  the  death  filed  an 
application  for  a  death  benefit,  that  the  ap- 
Iilication  filed  In  the  statutory  period  was 
sufficient  and  that  the  commission  had 
jurisdiction  to  award  a  death  benefit. — Pav- 
lovic   V.  Glick,   4   I.  A.  C.   Dec.   114. 

1010.  DlNablllty  uncertain. — Where  an 
assayer  suffered  darkening  or  discoloration 
of  the  skin,  due  to  fumes  to  which  he  was 
subjected  by  reason  of  his  employment,  and 
the  disability  resulting  from  such  disfigure- 
ment was  uncertain,  it  should  be  considered 
on  application  after  six  months  from  the 
award. — Smith  v.  Treasure  Mining  Co.,  5 
I.    A.   C.    Dec.   97. 

1011.  "Further  disaMlIty." — If  there  have 
been  no  proceedings  commenced  within  six 
months  from  the  date  of  the  injury,  and  no 
payment  of  disability  indemnity  or  agree- 
ment therefor,  the  employee  is  not  entitled 
to  institute  proceedings  grounded  upon 
••further  disability"  under  section  16  (c)  of 
the  act  of  1913,  after  six  months  from  the 
date  of  the  Injury. — Kauffman  v.  Indus- 
trial Accident  Commission,  37  Cal.  App.  500, 
174   Pac.   690. 

1012.  Same  —  Application  of  phrase. — 
The  words  '•further  disability"  in  the  pro- 
viso of  subdivision  (c)  of  section  16  of  the 
act  refers  to  any  disability  in  addition  to 
that  for  which  proceedings  were  commenced 
within  six  months  of  the  date  of  injury,  or 
for  which  disability  indemnity  has  been 
paid,  or  agreed  to  be  paid,  and  where  no 
proceedings  were  commenced  within  six 
months  from  the  date  of  the  injury  and  no 
payment  of  disability  indemnity  or  agree- 
ment thereof,  the  employee  is  not  entitled 
to  institute  proceedings  founded  upon  "fur- 
ther disability"  after  expiration  of  six 
months  from  the  date  of  the  injury. — Kauff- 
man V.  Industrial  Accident  Commission,  37 
Cal.  App.  500,  174  Pac.  690,  5  I.  A.  C.  Dec. 
132  (Kauffman  v.  Federal  Drilling  Co.,  5 
I.   A.  C.   Dec.   56). 

1013.  Same  —  Continulntj  disability. — A 
continuing  disability  in  the  sense  that  a 
subsequent  incapacitation  caused  by  the 
original  injury  is  a  continuation  of  the 
original  disability  and  not  a  further  dis- 
ability within  the  meaning  of  section  16  (c), 
must  be  suflficient  to  render  an  employee 
entitled  to  compensation. — Larsen  v.  Sherer, 
4   I.  A.  C.  Dec.   126. 

1014.  Same  —  Not  further  disahlllty. — 
Where  an  employee  suffered  no  disability 
after  an  industrial  injury  within  six 
months,  for  which  compensation  had  been 
or  agreed  to  be  paid,  or  for  which  he  had 
received  an  award,  and  he  thereafter  suf- 
fered a  compensable  disability,  it  was  held 
that  he  had  suffered  no  further  disability 
within  the  meaning  of  section  16  (c)  of  the 
act  of  1913. — Kauffman  v.  Federal  Drilling 
Co.,  5  I.  A.  C.  Dec.  56. 

1015.  Same  —  Same  —  Steadily  faillngr 
NiKht. — Where  an  injury  to  employee's  eye 
occurred  more  than  a  year  before  filing 
claim,  during  which  time  his  sight  had  been 
noticeably  and  steadily  failing  and   he  had 


received  no  compensation  or  agreement,  it 
was  held  that  he  had  suffered  no  "further 
disability,"  and  that  his  claim  for  compen- 
sation was  barred. — Kauffman  v.  Federal 
Drilling  Co.,  5   I.   A.   C.  Dec.   56. 

lOlU.  Same  —  Injury  occurring:  prior  to 
amendment  of  section  16  (c). — Where  an 
Injury  occurred  less  than  six  months  before 
the  amendment  to  section  16  (c)  became 
effective,  a  proceeding  based  upon  a  "fur- 
ther disability"  by  reason  of  the  injury  may 
be  commenced  within  245  weeks  of  the  date 
of  the  original  injury. — Ready  v.  City  of 
Oakland,   4   I.   A.  C.  Dec.   89. 

1017.  Same  —  When  statute  has  run 
agralnst  oriRlnal  disaliillty. — Where  the 
statute  has  run  against  the  original  Injury 
a  claim  for  compensation  can  lie  only  for 
a  new  and  further  disability. — Engel  v. 
National,    etc.,    Co.,    5    I.    A.    C.    Dec.    239. 

1018.  Same — W'hen  statute  begins  to  run 
as:ainst  ne-»v  disability. — Where  an  em- 
ployee sustained  a  further  disability  about 
a  year  after  the  original  disability,  it  was 
held  that  the  statutory  period  for  the  In- 
stitution of  proceedings  on  account  of  said 
second  disability  began  to  run  from  the 
date  of  the  appearance  of  the  disability 
caused  thereby. — Lara  v.  Los  Angeles  Stone 
Co.,   4  -I.   A.   C.   Dec.   298. 

1019.  Same — Date  statute  begins  to  run. 
— The  statutory  period  for  the  institution 
of  proceedings  on  account  of  a  "further 
disability"  begins  to  run  at  the  date  of  the 
appearance  of  the  further  disability  and 
not  from  the  date  of  the  original  injury. — 
Lara  v.  Los  Angeles  Stone  Co.,  4  I.  A.  C. 
Dec.    298. 

1020.  Same — W^hen  claim  barred. — Where 
proceedings  are  instituted  for  the  collec- 
tion of  compensation  on  the  ground  that 
the  original  injury  has  caused  further  dis- 
ability, the  right  to  compensation  is  barred 
for  any  disability  existing  more  than  six 
months  previous  to  the  date  for  filing  the 
application. — Larsen  v.  Sherer,  4  I.  A.  C. 
Dec.    126. 

1021.  Unless  proceeding's  are  Instituted 
within  six  months  of  the  date  when  the 
Injured  employee  is  compelled  to  discon- 
tinue work  by  reason  of  a  further  disabil- 
ity, his  claim  is  barred. — Kemper  v.  Nathan- 
Dohrmann  Co.,   4  I.   A.  C.  Dec.   101. 

1022.  Same — Reduction  of  earning  poiwer. 
— The  loss  of  wages  or  the  reduction  of 
earning  power  taken  by  itself  is  not  a  suffi- 
cient ground  upon  which  to  predicate  a 
new  and  further  disability  within  the  mean- 
ing of  the  act,  but  the  same  must  be  ac- 
companied by  a  recurrence  or  new  develop- 
ment of  physical  incapacity  traceable  to 
the  original  injury. — Hafely  v.  Georgia  Cas- 
ualty Co.,  5  I.  A.  C.  Dec.  194. 

1023.  Same  —  .^rising:  two  years  after 
original  injury. — Where  an  Injury  and  fur- 
ther disability  arose  two  years  after  the 
original  injury,  the  claim  therefore  was 
barred,  even  though  two  medical  treatments 
were  given  at  the  beginning. — Balczynski 
v.   Pacific,   etc.,  Co.,   5  I.   A.   C.   Dec.   222. 

1024.  Continuing'  Jurisdiction  of  commis- 
sion.— The    continuing    jurisdiction     of    the 


1883 


MASTER  AND   SERVANT. 


Act  2781 


commission  provided  by  section  25  (d)  ap- 
plies only  to  orders,  decisions  and  awards 
already  made,  and  for  the  purpose  of  mak- 
ing: an  award  based  upon  an  original  in- 
jury, for  which  no  claim  was  made  within 
the  period  of  limitation  prescribed  by  sec- 
tion 16. — Bhrhart  v.  Industrial  Accident 
Commission,  172  Cal.  621,  625,  Ann.  Cas. 
1917E,   465,   158  Pac.   193. 

1035.  Two  distinct  Injuries  —  One  only 
named. — Where  an  employee  sulTered  two 
distinct  injuries  from  the  same  accident, 
and  In  his  application  named  only  one,  and 
compensation  awarded  was  based  solely  on 
that  one,  no  mention  being  made  of  the 
other  at  the  hearing-,  the  commission  w.'is 
without  jurisdiction  to  make  a  second 
award  for  the  other  injury  after  the  expira- 
tion of  the  six  month's  limitation  pre- 
scribed by  section  16. — Ehrhart  v.  Indus- 
trial Accident  Commission,  172  Cal.  621,  623, 
Ann.   Cas.   1917B,   465,  158  Pac.   193. 

1026.  Claim  of  lien  for  medical  ser^'ices. 
— Where  an  application  for  an  award  for 
medical  expenses  was  filed  within  six 
months  of  an  injury  and  subsequent  to 
death,  which  occurred  more  than  six  months 
after  the  injury,  one  of  the  attending 
physicians  filed  an  application  to  be  sub- 
stituted for  the  deceased  employee,  it  was 
held  that  the  physician's  claim  was  through 
the  employee  by  way  of  lien,  and  was  not 
barred. — Caserl  v.  Marin  County,  etc..  Asso- 
ciation,  4  I.   A.   C.  Dec.   63. 

1027.  Effect  of  minority. — A  female  em- 
ployee, who  sustained  a  compensable  injury 
during  her  minority,  applied  for  compensa- 
tion, was  denied  compensation  on  the 
ground  of  the  six  months  bar,  all  during 
minority,  and  no  guardian  having  been  ap- 
pointed for,  and  after  attaining  her  major- 
ity, and  within  a  reasonable  time  thereafter, 
disaffirmed  her  former  application,  and 
again  applied  for  compensation,  was  held 
to  be  entitled  thereto. — Michaud  v.  Gonanil- 
lon,   6  I.  A.  C.   Dec.   264. 

1028.  Bar  must  be  pleaded  in  five  days. 
— The  defendant  must  plead  the  bar  of  this 
section  within  five  days  as  provided  in  sec- 
tion 23. — Red  River  Lumber  Co.  v.  Pills- 
bury.   174  Cal.   37,   39,   161  Pac.   982. 

102S>.  Same — Failure  to  plead,  waiver. — ■ 
The  failure  of  the  defendant  to  set  up  the 
statute  of  limitations  of  section  16  (a)  in 
his  answer,  or  otherwise  suggest  or  raise 
the  point  that  the  claim  is  barred  in  a  pro- 
ceeding for  compensation  under  the  work- 
men's compensation  act,  amounts  to  a 
waiver  of  that  defense. — United  States  Fi- 
delity and  Guaranty  Co.  v.  Pillsbury,  174 
Cal.  198,   199,   162   Pac.    638. 

1030.  A  defendant  in  a  proceeding  to  fix 
an  award  for  disability  under  this  act  Is 
required  by  section  23  of  the  act  to  file 
with  the  commission  an  answer  setting  up 
the  bar  provided  in  section  16,  within  5 
days  after  service  of  the  application  upon 
him,  and  a  failure  to  do  so  is  a  waiver  of 
that  defense." — Red  River  Lumber  Co.  v. 
Pillsbury,   174  Cal.  37,   39,  161  Pac.   982. 

1031.  In  a  proceeding  to  revie^v  and 
annul  an  award  of  a  permanent  partial  dis- 


ability indemnity  made  by  the  commission, 
the  petitioner  can  not  contend  that  the 
application  for  relief  was  not  filed  in  time, 
where  in  his  answer  in  the  original  pro- 
ceeding he  failed  to  plead  directly  or  indi- 
rectly the  statutory  limitation  provided  by 
section  16  (a)  of  the  act. — United  States, 
etc.,  Co.  V.  Industrial  Accident  Commission, 
53  Cal.  Dec.  61,  4  I.  A.  C.  Dec.  4  (McGee  v. 
Daniels,  etc.,  Co.,  3  I.  A.  C.  Dec.  50). 

1032.  Agreement  to  forego  operation  of 
statute. — The  parties  to  a  controversy  be- 
fore the  industrial  accident  commission; 
may  enter  into  an  agreement  to  forego  the 
statute  of  limitations  for  a  definite  period, 
and  such  an  agreement  may  operate  as  an 
estoppel  to  a  plea  of  the  statute. — Kemper 
V.  Industrial  Accident  Commission,  177  Cal. 
618,   620,  171   Pac.  426. 

1033.  Po^'er  of  commission  to  set  aside 
defense  of  statute. — Where  the  evidence 
shows  that  the  statutory  period  has  run, 
the  commission  has  no  power  to  set  aside 
and  refuse  to  consider  a  defense  of  the 
statute,  even  though  there  is  evidence  to 
show  that  the  employer  had  promised  to 
waive  this  defense. — Kemper  v.  Nathan- 
Dohrmann  Co.,   4  I.  A.  C.  Dec.  101. 

1034.  Failure  to  file  claim  within  agreed 
time. — A  finding  of  the  commission  that  it 
was  without  jurisdiction  to  hear  an  appli- 
cation for  compensation  filed  after  the  ex- 
piration of  the  period  prescribed  in  section 
16  will  not  be  set  aside  on  certiorari,  where 
the  waiver  was  limited  in  its  application  to 
the  filing  of  a  claim  with  the  commission 
within  a  reasonable  time  from  its  date,  and 
the  applicant  did  not  rely  on  the  waiver  or 
file  his  claim  until  six  months  thereafter. — 
Kemper  v.  Industrial  Accident  Commission, 
177  Cal.  618,  171  Pac.  426,  5  I.  A.  C.  Dec. 
41  (Kemper  v.  Nathan-Dohrmann,  4  I.  A.  C. 
Dec.  101). 

9.  Judgment  or  mvard. 
a.  Finality  and  conclusiveness. 

1035.  Reopening  decisions  on  change  of 
lav*-. — It  is  in  accordance  with  the  sound 
policy  of  the  commission  not  to  reopen  its 
earlier  decisions  whenever  a  change  in  the 
construction  of  the  law  is  made  by  higher 
courts,  wliere  such  construction  could  have 
been  claimed  before  said  decisions  became 
final  and  that  therefore  said  award  would 
not  be  annulled. — Soley  v.  North,  etc.,  Co., 
4   I.   A.   C.   Dec.    289. 

1036.  Testimony  taken  before  referee. — 
Findings  and  award  in  any  proceeding 
where  testimony  is  taken  by  a  single  com- 
missioner or  referee,  made  and  signed  by 
such,  are  valid  when  approved  and  con- 
firmed by  the  commission,  even  though  not 
accompanied  by  a  transcript  or  report  of 
the  testimony. — Hammond  Lumber  Co.  v. 
Ferguson,  4  I.  A.  C.  Dec.  137. 

1037.  Annulled  on  ne-wly  discovered  evi- 
dence.— Findings  and  award  were  annulled 
and  the  proceedings  dismissed  without 
prejudice  at  a  rehearing  at  which  the  appli- 
cant introduced  newly  discovered  evidence 
showing  that  his  employer  at  the  time  of 
his    injury    was   not   the    defendant   against 


Act  2781 


GENERAL   LAWS. 


1684 


whom   the  award    was   rendered   but   was   a 

third   person,   not   a   party    to    the    proceed- 

jjigg. — Grizzel  v.  Aaron,   4  I.   A.   C.  Dec.    131. 

103S.      Same  —  Applicant    not    widow. — In 

this  case  It  was  found  that  the  applicant 
for  a  death  benefit  was  not  the  widow  of 
the  deceased  employee  and  was  not  depend- 
ent upon  him  for  support,  and  the  award 
was  accordingly  rescinded. — Cordova  v. 
Santa,  4  I.  A.  C.  Dec.  330  (Original  decision 
reported  in  3  I.  A.  C.  Dec.  180.  The  opinion 
of  the  supreme  court  is  reported  in  Santa 
V.  Industrial  Accident  Commission,  175  Cal. 
235,  165  Pac.  689,  4  I.  A.  C.   Dec.  169). 

1039.  DlsmisMal  of  employer — Reinstate- 
ment.— Where  an  award  was  rendered 
against  the  employer  and  insurance  car- 
rier jointly  and  the  latter  applied  for  a  re- 
hearing, which  was  denied,  and  afterward 
for  a  writ  of  review,  and  the  employer  was 
dismissed  from  the  proceeding  at  its  re- 
quest, and  on  review  the  insurance  carrier 
was  held  not  liable,  the  commission  had 
power  under  section  25  (d)  on  a  petition 
for  a  rescission  of  the  order  dismissing  the 
employer,  to  rescind  said  order. — Angus  v. 
White  Gulch  Mining  Co.,  4  I.  A.  C.  Dec.  330. 

1040.  Error  of  procedure  does  not  vacate 
award. — Conceding  that  a  notice  to  an  in- 
surance carrier  that  an  award  will  be 
amended  by  providing  an  additional  allow- 
ance for  permanent  disability  "unless  good 
cause  be  sliown"  places  the  burden  upon 
the  insurer  instead  of  the  injured  em- 
ployee, where  it  belongs,  the  fact,  even  if 
true,  would  not  avoid  the  award,  inasmuch 
as  it  would  be  a  mere  error  of  procedure, 
and  in  any  event  it  would  not  be  preju- 
dicial to  the  insurer  who  did  not  seek  any 
opportunity  to  introduce  evidence  upon  the 
facts  alleged  against  him. — Massachusetts, 
etc.,  Co.  V.  Industrial  Accident  Commission, 
176  Cal.  4S8,  492,  168  Pac.  1050. 

&.  Alteration,  amendment,  etc. 

1041.  Waiver    of    objections    not    made. — 

Where  the  insurer  objected  to  the  amend- 
ment of  an  award  solely  upon  the  ground 
that  the  relation  of  master  and  servant  did 
not  exist,  other  objections  were  waived. — 
Massachusetts,  etc.,  Co.  v.  Industrial  Acci- 
dent Commission,  176  Cal.  488,  491,  168  Pac. 
1050. 

1042.  Jiirl.sdiotlon  to  amend  not  unlim- 
ited.— In  view  of  subdivision  (b)  of  section 
82,  the  continuing  jurisdiction  of  tlie  com- 
mission to  amend,  alter  and  rescind  its 
awards,  is  not  unlimited,  but  only  extends 
in  its  exercise  to  the  consideration  of  facts 
only  as  arise  after  the  making  of  the 
award,  and  it  is  only  upon  proof  of  such 
facts  that  the  commission  has  jurisdiction 
to  review,  diminish  or  increase  such  award. 
• — Georgia  C.  Company  v.  Industrial  Acci- 
dent Commission,  177  Cal.  289,  293,  170  Pac. 
621. 

104.^.  Findings,  not  attacked,  final  before 
proceedinp7  to  amend  begun,  conclusive. — 
In  a  proceeding  under  section  25  (d)  to 
amend  an  award  by  providing  an  addi- 
tional allowance  to  cover  a  rating  for  a 
permanent    disability,    the    original    findings 


as  to  the  relation  of  the  injured  employee, 
not  attacked  by  any  proceeding  in  review, 
and  that  had  become  final  long  before  the 
new  proceeding  began.  Is  conclusive. — 
Massachusetts,  etc.,  Co.  v.  Industrial  Acci- 
dent Commission,  176  Cal.  488,  491,  168 
Pac.  1050. 

1044.  Notice  of  hearinier  of  proceedinf? 
to  amend — Sufficiency. — Where  a  notice  of 
the  hearing  of  an  application  to  amend  an 
award  did  not  set  the  time  for  the  hearing, 
but  merely  declared  that  the  previous 
award  would  be  amended  unless  good  cause 
to  the  contrary  was  not  shown  in  writing 
within  ten  days,  the  amended  award  Is  not 
in  excess  of  the  jurisdiction  of  the  commis- 
sion.— Massachusetts,  etc.,  Co.  v.  Industrial 
Accident  Commission,  176  Cal.  488,  168  Pac. 
1050,  4  I.  A.  C.  Dec.  336  (Kelley  v.  Manley, 
2  I.  A.  C.  Dec.   355). 

104.5.  Chanjcred  conditions  must  be  shewn 
as  basis  of  application  to  amend. — Under 
sections  25,  81,  and  82,  when  the  commission 
has  once  made  an  award  and  denied  a  re- 
hearing its  jurisdiction  to  annul  or  alter 
its  award  is  exhausted,  except  upon  the 
ground  tliat  the  disability  has  increased, 
diminished  or  terminated,  when  based  upon 
changed  conditions  or  new  facts  occurring 
after  the  award. — Georgia  Casualty  Co.  v. 
Industrial  Accident  Commission,  177  Cal. 
289,  170  Pac.  625,  5  I.  A.  C.  Dec.  16  (on 
rehearing  of  53  Cal.  Dec.  705,  4  I.  A.  C. 
Dec.  170;  Sims  v.  Sherer  &  Co.,  3  I.  A.  C. 
Dec.  197). 

10.  Hehcaring. 

1046.  Notice  of  hearing — Right  of  person 
against  whom  award  is  made. — The  right 
to  be  present  at  any  hearing  necessarily 
includes  the  right  to  have  notice  of  such 
hearing  in  time  to  attend. — Carstens  v. 
Pillsbury,   172  Cal.   572,   577,  158  Pac.   218. 

1047.  Petition  for  rehearing,  contents. — 
The  provisions  of  subdivision  (c),  section 
81,  of  the  act,  as  to  the  contents  of  a  peti- 
tion for  a  rehearing  require  something  more 
than  a  mere  statement  that  a  certain 
finding  is  not  sustained  by  the  evidence. — 
Pacific  Coast  Casualty  Co.  v.  Pillsbury,  171 
Cal.   52,   54,   151  Pac.   658. 

1048.  Points  raised  for  first  time. — Points 
made  for  the  first  time  on  petition  for  re- 
hearing will  not  be  considered. — Estabrook 
Co.  v.  Industrial  Accident  Commission,  177 
Cal.  767,  177  Pac.  848,  5  I.  A.  C.  Dec.  100; 
Klamath  Steamship  Co.  v.  Industrial  Acci- 
dent Commission,  177  Cal.  767,  177  Pac.  848, 
5  I.  A.  C.  Dec.  100  (see  same  case  5  I.  A.  C. 
Dec.   65). 

1049.  Same — Point  of  lack  of  jurisdic- 
tion.— A  rehearing  of  an  application  for  a 
writ  of  certiorari  to  annul  an  award  of  the 
commission  will  not  be  granted  on  the 
ground  that  the  facts  were  such  as  to 
bring  the  proceeding  within  the  exclusive 
admiralty  jurisdiction  of  the  federal  courts 
where  no  such  point  was  suggested  in  the 
argument  on  which  the  case  was  originally 
submitted  for  decision. — A.  F.  Estabrook 
Co.  v.  Industrial  Accident  Commission.  177 
Cal.  767,  177  Pac.  848,  5  I.  A.  C.  Dec.  100; 
Klamath  Steamship  Co.   v.   Industrial  Acci- 


1CS3 


MASTER  A\D   SERVANT. 


dent  Commission,  1T7  Cal.  767,  177  Pac.  848, 
5  I.  A.  C.  Dec.  100  (see  same  case  177  Cal. 
767,  177   Pac.   848.  5  I.  A.  C.  Dec.   65>. 

1049a.  Same  —  Maritime  injury. — Where 
the  jurisdictional  defense  that  the  injury 
was  maritime  in  character  was  raised  for 
the  first  time  on  petition  for  rehearing-  and 
it  did  not  appear  that  this  defense  could  not 
have  been  raised  at  the  hearing,  it  was 
held  that  said  defense  could  not  be  con- 
sidered.— Mann  v.  Johnson,  4  I.  A.  C.  Dec. 
253. 

10r>0.  Failure  to  make  express  finding— 
M'ant  of  objection. — Under  section  81  of 
the  workmen's  compensation  act  of  1913, 
an  employer  against  whom  an  award  has 
been  made,  who  fails  to  make  an  objection 
because  of  the  failure  of  the  commission  to 
make  an  express  finding  upon  an  issue 
raised  as  to  an  existing  agreement  as  to 
indemnity  in  case  of  disability,  on  its  appli- 
cation for  a  rehearing,  must  be  deemed  to 
have  waived  the  same.  —  Northwestern 
Pacific  Rd.  Co.  v.  Industrial  Accident  Com- 
mission,  173   Cal.    652,   653,    161   Pac.    123. 

1051.  Jurisdiction  of  commis.sion  expires 
on  denial  of  rehearing. — The  jurisdiction  of 
the  commission  over  its  awards  expires 
when  it  derives  a  rehearing,  or  when  the 
time  to  make  an  application  has  expired, 
except  where  in  section  20  (d)  it  is  em- 
powered to  alter  or  amend  its  awards  on 
the  presentation  of  new  facts  occurring 
since  the  award  was  made. — Northern,  etc., 
Co.  V.  Industrial  Accident  Commission,  30 
Cal.  App.  Dec.  367,  185  Pac.  991,  6  I.  A.  C. 
Dec.  204  (Lay  v.  Northern,  etc.,  Co.,  3 
I.   A.   C.   Dec.   271,   6   I.   A.   C.   Dec.   181). 

1052.  Snb.stitution  of  insurance  carrier- 
Request  after  time  for  rehearing  has  ex- 
pired.— A  request  for  the  substitution  of 
the  insurance  carrier  in  place  of  the  em- 
ployer, made  after  the  decision  of  the  com- 
mission, can  be  considered  only  on  petition 
for  rehearing,  and  where  it  is  made  after 
the  time  for  rehearing  has  expired,  the 
commission  has  no  authority,  either  under 
section  24(d)  of  the  act  of  1913,  or  under 
section  20<'c)  of  the  act  of  1917,  to  grant 
it. — Lay  v.  Northern,  etc.,  Co.,  6  I.  A.  C. 
Dec.    181. 

1053.  "Filing"  not  "service." — Filing  pe- 
tition for  rehearing  is  not  "service"  with 
the  commission's  rules,  nor  section  1013, 
code  of  civil  procedure. — Deichen  v.  Acme, 
etc..   Co.,   5   I.   A.   C.  Dec.  91. 

10,54.  Same — Code  provision  not  super- 
seded.— The  provisions  of  the  Code  of  Civil 
Procedure  as  to  service  by  mail  are  not 
superseded  by  the  commission's  rule. — 
Deichen  v.  Acme,  etc.,  Co.,  5  I.  A.  C.  Dec.  91. 

11.  Heview. 
1055.  Respondents — Members  of  commis- 
sion.— The  members  of  the  industrial  acci- 
dent commission  are  not  proper  parties  de- 
fendant in  proceedings  by  certiorari  under 
section  84  of  the  act;  but  the  proceedings 
should  be  brought  against  the  industrial 
accident  commission  by  name. — Carstens  v. 
Pill.^bury,    172  Cal.   572,   574,   158  Pac.   218. 


1056.  Attack   upon    av^'ard — Intent   of   act. 

— It  was  the  clear  intent  of  the  legislature 
to  render  awards  by  the  commission  of 
compensation  to  employees  for  industrial 
Injuries  free  from  review  or  attack  of  any 
kind,  except  as  prescribed  in  the  act. — 
Thaxter  v.  Finn,  178  Cal.  270,  173  Pac.  163, 
5  I.  A.  C.  Dec.  101  (Thaxter  v.  Thaxter,  1 
I.  A.  C.  Dec.   197). 

1057.  Limitation  of  review  of  a-wards. — 
The  legislature  has  full  authority  to  limit 
the  review  of  awards  made  by  the  commis- 
sion and  to  make  them  conclusive,  except 
on  a  review  in  the  manner  and  at  the  times 
specified  in  the  act. — Thaxter  v.  Finn,  178 
Cal.  270,  173,  Pac.  163,  5  1.  A.  C.  Dec.  101 
(Thaxter  v.   Thaxter,   1  1.  A.  C.  Dec.  197). 

1058.  The  legislature  is  authorized  to 
preclude,  so  far  as  the  courts  of  this  state 
are  concerned,  any  attack,  direct  or  col- 
lateral, upon  any  award  of  the  industrial 
accident  commission,  except  in  the  manner 
prescribed,  provided,  always,  of  course,  that 
jurisdiction  of  the  person  of  the  party 
against  whom  the  award  is  made  Is  not 
wanting. — Thaxter  v.  Finn,  178  Cal.  270,  277, 
173   Pac.   163. 

10.59.  liVant  of  evidence  to  sustain  find- 
ings— XeT»-ly  discovered  evidence — Grounds 
for  rehearing  but  not  for  reviov. — Under 
the  provisions  of  section  82  of  the  work- 
men's compensation  act  the  commission 
may  grant  a  rehearing  upon  the  grounds  of 
want  of  evidence  to  sustain  the  findings, 
or  newly  discovered  evidence;  but  the  su- 
preme court  can  not  review  the  proceedings 
on  such  grounds. — Cardoza  v.  Pillsbury,  169 
Cal.    106,   145   Pac.   1015. 

1060.  Povrer  to  annul  avrards — Grounds. 
— Section  84  of  the  act  gives  the  supreme 
court  power  to  annul  awards  only  when 
the  commission  acted  without  or  beyond  its 
powers,  or  when  the  award  was  procured 
by  fraud,  or  is  unreasonable,  or  when  un- 
supported by  the  findings. — Southern  Pacific 
Co.  v.  Industrial  Accident  Commission,  177 
Cal.  378,  170  Pac.  822,  5  I.  A.  C.  Dec.  20 
(Hunt  V.  Southern  Pacific  Co.,  4  I.  A.  C. 
Dec.    107). 

1061.  Scope  of  jurisdiction  of  supreme 
court. — The  authority  of  the  supreme  court 
with  respect  to  the  commission's  conclu- 
sions on  questions  of  fact,  goes  no  further 
than  to  permit  the  annulment  of  an  award 
where  the  commission's  finding  of  fact  is 
without  any  evidence  whatever  to  support 
it. — Walker  v.  Industrial  Accident  Commis- 
sion, 177  Cal.  737,  738,  L.  R.  A.  1918F,  212, 
171   Pac.   954. 

1061a.  Scope  of  inquiry  on  revie^v  under 
act  of  1913. — Under  the  act  of  1913  on  an 
application  for  a  writ  of  review  the  in- 
quiry can  go  only  to  the  question  of  juris- 
diction, but  this  includes  the  question 
whether  any  material  finding  is  unsup- 
ported, in  which  case  the  award  of  the  com- 
mission must  be  set  aside  and  annulled. — 
Modoc  Co.  V.  Industrial  Accident  Commis- 
sion.   32   Cal.    App.    548,    163    Pac.   685. 

10<{2.  Certiorari — Grounds  restricted  to 
those  stated  in  section  84. — The  courts  are 
restricted    to    the    grounds    for    a    review    of 


Act  27S1 


GENRRAI.   LA>%'S. 


iGsa 


proceedingrs  of  the  industrial  accident  com- 
mission to  those  stated  in  section  84  of  the 
act.— Cardoza  v.  I'illsbury,  169  Cal.  106.  145 
rac.   1015. 

10«3.  Annulment  of  award  on  review — 
Groundu  of. — Section  84  of  the  workmen's 
compen.sation  act,  authorizes  the  supreme 
court  to  annul  an  award  only  when  the 
commission  acted  without  or  beyond  its 
powers,  or  when  the  award  was  procured 
by  fraud,  or  is  unreasonable,  or  when  the 
flndinps  of  fact  do  not  support  it. — South- 
ern I'acific  Co.  V.  Industrial  Accident  Com- 
mission, 177  Cal.  378,  381,  170  Pac.  822. 

KKM.  Fxerolse  of  di.sorof ion  not  revle'^T- 
nhle,  uiilfMM  wholly  nnsnpported  in  tlie  rec- 
ord.— No  court  should  interfere  with  exer- 
cise of  commission's  discretion  under  the 
act  unless  it  is  clearly  made  to  appear  that 
the  conclusion  is  without  substantial  sup- 
port in  the  record. — Perry  v.  Industrial  Ac- 
cident Commission,  176  Cal.  706,  710,  169 
Pac.    353. 

lOO.n.  Same — Deterniinntion  as  to  renwon- 
nt»lc  time. — Where  an  insurer  stipulated  to 
waive  the  statute  of  limitations  provided 
the  claimant  should  present  his  claim  with- 
in a  reasonable  time,  the  commission  was 
authorized  to  determine  what  was  a  reason- 
able time,  and  its  determination  in  that 
respect  can  not  be  overruled. — Kemper  v. 
Industrial  Accident  Commission,  177  Cal. 
618.    621,    171    Pac.    426. 

1068.  Annulment  of  award  on  review, 
when. — Under  section  84  of  the  act  of  1913, 
an  award  of  the  commission  may  be  an- 
nulled by  the  supreme  court  in  a  proceed- 
ings by  writ  of  review,  when  the  commission, 
in  makings  the  award,  exceeded  its  powers, 
or  its  decision  procured  by  fraud,  or  is 
unreasonable  or  not  supported  by  the  find- 
ings, but  not  because  of  errors  of  procedure, 
or  insufficiency  of  the  evidence  if  there  is 
substantial  evidence  to  support  it,  and  not 
for  error  in  the  admission  or  exclusion  of 
evidence,  not  affecting  its  jurisdiction. — 
Massachusetts  B.  &  I.  Co.  v.  Industrial  Ac- 
cident Commission,  176  Cal.  488,  490,  168 
Pac.    1050. 

1067.  .\ward  mny  be  reviewed  but  not 
collnternlly  attnolted. — An  award  made  to 
an  employee  of  a  sub-contractor  against  the 
general  contractor  is  subject  to  annulment 
upon  application  for  a  writ  of  review  made 
within  tlie  time  provided  by  the  act,  but  is 
not  subject  to  collateral  attack  for  want  of 
jurisdiction  of  the  subject  matter,  since 
the  well  settled  principles  relative  to  col- 
lateral attacks  upon  judgments  are  not  ap- 
plicable.— Thaxter  v.  Finn,  178  Cal.  270, 
173  Pac.  163,  5  I.  A.  C.  Dec.  101  (Thaxter 
v.  Thaxter,  1   I.  A.  C.  Dec.   197). 

106K.  JnrlHdiotion  of  supreme  court- 
Power  to  weljjh  evidence. — The  supreme 
court  in  reviewing  an  award  of  the  com- 
mission Is  not  acting  as  a  court  of  appeal, 
and  has  no  power  to  weigh  the  effect  of 
positive  evidence,  but  must  assume  that 
the  commission  believed  all  the  evidence 
piven  which  tends  to  sustain  the  award. — 
Southern  Pacific  Co.  v.  Industrial  Accident 
Commission,    177    Cal.    378.    170    Pac.    822,    5 


I.    A.    C.    Dec.    20    (Hunt    v.    Southern    Pacific 
Co.,  4  I.  A.  C.  Dec.   107). 

1061).  Supreme  court  not  a  court  of  ap- 
peal.— The  supreme  court,  in  reviewing 
awards  of  the  commission,  is  not  acting  as 
a  court  of  appeal,  and  has  no  power  to 
weigh  the  effect  of  positive  evidence,  but 
must  assume  that  the  commission  believed 
all  the  evidence  given  which  tends  to  sus- 
tain the  award  made. — Southern  Pacific  Co. 
V.  Industrial  Accident  Commission,  177  Cal. 
378.    380,    170    Pac.    822. 

1070.  A  writ  of  review  of  an  award  made 
by  the  commission  is  not  an  appeal;  an 
award  can  be  annulled  if  the  commission 
exceeded  its  powers  in  making  it,  or  if  it 
was  procured  by  fraud,  or  if  it  is  unreason- 
able, or  if  the  findings  of  facts  upon  which 
it  was  made  do  not  support  it,  but  it  can 
not  be  set  aside  for  errors  of  procedure 
only,  or  for  insufficiency  of  the  evidence 
where  there  is  substantial  evidence  to  sup- 
port the  findings,  or  for  rulings  upon  the 
admission  or  exclusion  of  evidence,  amount- 
ing only  to  error  and  not  affecting  the 
jurisdiction. — Massachusetts,  etc..  Co.  v.  In- 
dustrial Accident  Commission,  176  Cal.  488, 
168  Pac.  1050,  4  I.  A.  C.  Dec.  336  (Kelley  v. 
Manley,   2  I.  A.  C.  Dec.  355). 

1071.  Appeals  not  provided  for  in  tlie 
"Boynton  act." — There  is  no  provision  for 
appeals  under  the  "Boynton  act"  (Stats. 
1913,  p.  279),  but  section  84  provides  for  a 
review  of  the  decisions  of  the  commission 
by  the  supreme  and  district  courts  of  ap- 
peal, and  such  review  may  go  far  enough 
to  determine  whether  findings  support  the 
order,  deci.<^ion  or  award  under  review. — 
Smith  V.  Industrial  Accident  Commission,  26 
Cal.  App.   560,   147  Pac.   600. 

1072.  Application  for  review  mnnt  be 
made  witliln  the  proper  time. — A  review  of 
the  proceedings  of  the  industrial  accident 
commission  can  be  had  only  where  a  pro- 
ceeding therefor  is  instituted  in  the  proper 
court  at  the  proper  time. — Thaxter  v.  Finn, 
178   Cal.    270,    272,    173    Pac.    163. 

1073.  Time  io  apply  for  certiorari. — A 
petition  for  writ  of  review  directed  to  the 
commission  must  be  made  within  thirty 
days  after  the  award,  whether  such  award 
shows  on  its  face  that  it  was  beyond  or 
in  excess  of  the  commission's  jurisdiction, 
or  not,  and  unless  so  made,  will  be  dis- 
missed.— North  Pacifip  Steamship  Co.  v. 
Industrial  Accident  Commission,  34  Cal. 
App.    488,   168   Pac.   30. 

1074.  An  application  for  a  writ  of  cer- 
tiorari filed  January  24,  1918,  to  review  an 
order  denying  a  rehearing  made  and  en- 
tered December  22,  1917,  is,  under  section 
67(a)  of  the  act  of  1917,  too  late. — Neal  v. 
Industrial  Accident  Commission,  36  Cal. 
App.    40,    171    Pac.    696. 

1075.  Under  section  67(a)  of  the  act  of 
1017,  an  application  for  a  writ  of  certiorari 
to  review  proceedings  denying  a  rehearing 
comes  too  late  when  the  order  was  made 
December  22,  1917,  and  the  writ  was  filed 
January  24,  1918. — Neal  v.  Industrial  Acci- 
dent Commission.  36  Cal.  App.  40,  171  Pac. 
696,   5  I.  A.  C.  Dec.   15. 


1687 


MASTER   AXD   SERVANT. 


Act  2781 


1076.  Same — Medical  services — Order  not 
final  judgrment— Premature  application  for 
writ  of  review. — A  judgment  of  the  com- 
mission ordering  petitioner  to  pay  the  rea- 
sonable value  of  medical  and  surgical 
attention,  "the  claims  therefor  to  be  ap- 
proved by  the  commission  before  payment," 
is  not  a  final  judgment,  can  not  be  enforced 
in  that  form,  and  an  application  for  a  writ 
of  review  thereof  is  premature. — Garratt- 
Callahan  Co.  v.  Industrial  Accident  Commis- 
sion, 171  Cal.  334,  336,  153  Pac.  239. 

1077.  Review  of  evidence,  extent  of.^ 
Great  Western  Power  Co.  v.  Pillsbury,  170 
Cal.  180,  followed  and  approved  as  to  ex- 
tent of  review  of  the  evidence  on  certiorari. 
Rule  not  changed  by  new  provisions  as  to 
conclusiveness  of  findings  of  commission. — 
Western  Indemnity  Co.  v.  Pillsbury,  170 
Cal.    656,   704,   151   Pac.    398. 

1078.  Award  nullified  for  ln.sufiiciency  of 
evidence. — Where  the  jurisdiction  of  the 
commission  depends  upon  proof  that  the 
employed  was  murdered,  the  supreme  court 
may  examine  the  evidence,  and  if  it  is  in- 
sufficient to  justify  a  finding  of  death  by 
violence,  the  court  will  nullify  the  award. — 
Western,  etc.,  Co.  v.  Pillsbury,  173  Cal.  135, 
138,   159   Pac.    423. 

1079.  If  any  evidence. to  support  finding, 
award  affirmed. — If  there  be  any  evidence 
to  support  the  finding  of  the  commission, 
its  award  must  be  aflSrmed. — Yolo,  etc.,  Co. 
V.  Industrial  Accident  Commission,  35  Cal. 
App.    14,    168    Pac.    1146,    4    I.   A.   C.    Dec.    319. 

1080.  An  avrard  must  be  affirmed  where 
there  is  any  evidence  to  sustain  the  finding 
of  the  commission. — Royal  Indemnity  Co. 
V.  Industrial  Accident  Commission,  35  Cal. 
App.    90,    168    Pac.    245. 

lOSI.  Admission  of  incompetent  evidence, 
no  ground  for  annulment,  if  supported  by 
competent  evidence. — An  award  is  not  sub- 
ject to  annulment  because  of  the  admis- 
sion of  incompetent  evidence,  provided  there 
is  enough  competent  evidence  to  uphold  the 
same. — Maryland,  etc.,  Co.  v.  Industrial  Ac- 
cident Commission,  178  Cal.  491,  173  Pac. 
993,  5  I.  A.  C.  Dec.  154  (Dobson  v.  Ellis,  4 
I.  A.   C.   Dec.    357). 

1082.  On  revicTT  —  Every  reasonably 
drawn  inference  taken  in  aid  of  finding's. — 
On  review  of  an  award  by  the  commission 
every  inference  which  may  reasonably  be 
drawn  from  the  evidence  must  be  taken  in 
aid  of  the  findings  of  the  commission  as 
to  facts. — Leadbettor  v.  Industrial  Accident 
Commission,  26  Cal.  App.  Dec.  1268,  5  I.  A.  C. 
Dec.   143. 

10S3.  Same— Drawing  different  conclu- 
sions.— The  commission  has  the  right  un- 
der the  act  where  different  conclusions  may 
be  rationally  and  fairly  drawn  from  the  evi- 
dence, one  sustaining  and  the  other  op- 
posed to  the  right  of  compensation,  to  adopt 
the  conclusion  favorable  to  the  claim,  and 
its  conclusion  in  that  regard  is  beyond  the 
scope  of  review. — John  A.  Roeblings  Sons 
Co.  V.  Industrial  Accident  Commission, 
(Cal.)  171  Pac.  956,  5  I.  A.  C.  Dec.  62 
(Bundshu  v.  John  A.  Roeblings  Sons  Co., 
4    I.    A.    C.    Dec.    215).      See    same    case    re- 


ported    36    Cal.     App.     10,     171     Pac.     987,     5 
I.  A.  C.  Dec.  11. 

10S4.  Same  —  If  conclusion  could  be 
reached  by  a  reasonable  man. — Tlie  su- 
preme court  can  not  disturb  an  award  un- 
less it  can  be  said  that  a  reasonable  man 
could  not  reach  the  conclusion  from  the 
evidence  that  was  before  the  commission. — 
Engel,  etc.,  Co.  v.  Industrial  Accident  Com- 
mission, (Cal.)  192  Pac.  845;  San  Francisco 
V.  Industrial  Accident  Commission,  (Cal.) 
191  Pac.  26. 

1085.  Same — Finding  supported  under  any 
rational  view  of  evidence.— The  industrial 
accident  commission  is  charged  with  the 
determination  of  the  issues  of  fact  in  pro- 
ceedings for  compensation  of  employees, 
and  its  findings  are  not  reviewable  where 
they  find  support  under  any  rational  view 
of  the  evidence. — North  Pacific  S.  S.  Co.  v. 
Industrial  Accident  Commission,  174  Cal. 
500,  502,  163  Pac.  910. 

1086.  Same — Findings  and  conclusions 
not  subject  to  review  if  reasonably  sup- 
ported.— The  commission  is  the  final  judge 
of  the  facts  and  its  findings  can  not  be 
overturned,  where  they  have  the  support  of 
evidence  upon  which  a  reasonable  man 
could  come  to  the  conclusion  which  was 
reached. — Santa  v.  Industrial  Accident  Com- 
mission,  175  Cal.   235,   237,   165   Pac.    689. 

10S7.  Same — Order  within  jurisdiction, 
under  facts,  not  reviewable. — The  power  to 
weigh  the  evidence  and  determine  whether 
presumptions  are  overcome  rests  in  the 
commission,  and  the  courts  may  not  as- 
sume to  review  its  acts  within  its  jurisdic- 
tion.— United  States,  etc.,  Co.  v.  Industrial 
Accident  Commission,  28  Cal.  App.  Dec.  157. 

1088.  Petition  for  certiorari — Showing  of 
insufficiency  of  evidence. — A  petition  for  a 
writ  of  review  that  fails  to  show  a  lack 
of  evidence  to  support  the  finding  of  the 
commission  that  the  employee's  injury 
arose  out  of  the  employment  is  insufficient. 
— Garratt-Callahan  Co.  v.  Industrial  Acci- 
dent Commission,  171  Cal.  334,  335,  153  Pac. 
239. 

1089.  Same — Same — Finding  sustained — 
Application  dismissed. — An  application  for 
a  writ  of  review  will  be  dismissed  where 
the  record  shows  that  the  finding  of  the 
commission  is  sustained  by  the  law  and 
the  evidence. — Globe,  etc.,  Co.  v.  Industrial 
Accident  Commission,  35  Cal.  App.  89,  169 
Pac.    257. 

1090.  Where  the  evidence  sustains  the 
conclusion  of  the  commission  that  the  re- 
lationship of  employer  and  employee  ex- 
isted, the  writ  of  review  to  annul  the 
award  for  the  reason  that  such  relationship 
is  not  to  be  shown  to  exist  will  be  dis- 
missed.— Gorter  v.  Industrial  Accident  Com- 
mission, 35  Cal.  App.  88,  169  Pac.  262. 

1091.  Findings  supported — Origin  of  sar- 
coma.— In  the  case  of  an  award  for  an  in- 
jury arising  from  sarcoma  or  cancer,  al- 
leged to  have  resulted  from  a  fall,  it  is 
held  that  the  finding  of  the  commission  is 
supported     by     the     evidence. — Santa     Ana, 


Act  2781 


GE^IVEIRAL.   LAWS. 


1G8S 


etc.,  Co.  V.  Industrial  Accident  Commission, 
35   Cal.    App.    652,    170    Pac.    630. 

1092.  Findings  a»  to  relationsliip  of  par- 
iie«t  conclusive. — Upon  an  application  for  a 
permanent  disability  rating,  the  original 
findings  and  award  made  on  the  temporary 
disability  award  as  to  the  relationship  of 
the  parties  is  conclusive. — Massachusetts, 
etc.,  Co.  V.  Industrial  Accident  Commission, 
176  Cal.  488,  168  Pac.  1050,  4  I.  A.  C.  Dec. 
336    (Kelley  v.  Manley,   2  I.  A.   C.  Dec.   355). 

1003.  Finding  as  to  dependency  not  re- 
vie^vable. — A  finding  of  the  commission, 
after  regular  hearing,  that  neither  of  the 
petitioners  had  been  "wholly  nor  partially 
dependent"  upon  the  deceased  employee  for 
support,  can  not  be  reviewed  by  an  appel- 
late court. — Crosaro  v.  Industrial  Accident 
Commission,  38  Cal.  App.  758,  177  Pac.  489,  5 
I.   A.   C.   Dec.   205. 

1094.     Review      of      award — Questions      of 

jact. The    authority    of    the    supreme   court 

with  respect  to  the  commission's  conclu- 
sions of  fact  goes  no  further  than  to  permit 
the  annulment  of  the  award  when  the  com- 
mission's finding  is  without  evidence  to  sup- 
port it. — Walker  v.  Industrial  Accident 
Commission,  177  Cal.  737,  L.  R.  A.  1918F, 
212.  171  Pac.  954,  5  I.  A.  C.  Dec.  63  (Robin- 
son V.  Walker,  4  I.  A.  C.  Dec.  93). 

1005.  Award  witliout  proof  of  accident, 
nnllified. — An  award  made  without  proof 
that  the  injury  resulted  from  accident  is 
void,  and  will  be  annulled  on  certiorari. — 
Englebretson  v.  Industrial  Accident  Com- 
mission,  170  Cal.   793,   796,   151   Pac.   421. 

1096.  Award  annulled  for  total  want  of 
evidence  to  sustain. — The  award  of  the  in- 
dustrial accident  commission  for  accidental 
death  was  annulled  on  the  ground  that  the 
finding  as  to  absence  of  willful  misconduct 
was  wholly  without  support,  in  the  evi- 
dence.— Great  Western  Power  Co.  v.  Pills- 
bury,  170  Cal.  180,  190,  149   Pac.   35. 

1097.  Award  set  aside  for  want  of  sup- 
port in  tlie  evidence — Unsupported  award 
will  be  set  aside. — An  award  unsupported 
by  the  evidence  will  be  set  aside  on  cer- 
tiorari.— Elk  Grove,  etc..  District  v.  Indus- 
trial Accident  Commission,  34  Cal.  App. 
589,    168    Pac.    392. 

1098.  Findings  totally  unsupported  are 
subject  to  review. — If  totally  unsupported 
by  the  evidence  a  finding  that  employee's 
injury  was  the  result  of  his  own  willful 
misconduct  is  subject  to  review  by  the  su- 
preme court. — North  Pacific  S.  S.  Co.  v.  In- 
dustrial Accident  Commission,  174  Cal.  500, 
501,   163  Pac.   910. 

1099.  Relationship — Finding  on  hearsay 
testimony,  binding  on  appellate  court. — A 
finding  of  the  commission  as  to  the  rela- 
tionship of  employer  and  employee,  though 
based  on  hearsay  testimony  is  binding  on 
the  appellate  court. — Perry  v.  Industrial 
Accident  Commission,  57  Cal.  Dec.  535;  Pa- 
cific Gas  and  Electric  Co.  v.  Industrial  Ac- 
cident Co.,  57  Cal.  Dec.  535  (Kendall  v. 
Perry,    5   I.   A.   C.   Dec.   167). 

1100.  Finding  of  jurisdictional  fact  on 
hear.say  testimony. — An  award  of  the  com- 
mission can  not  stand  if  a  finding  of  a  juris- 


dictional fact  is  without  any  support  except 
that  of  hearsay  testimony. — Employer's, 
etc.,  Corp.  V.  Industrial  Accident  Commis- 
sion,   170   Cal.    800.    801,    151    Pac.    423. 

1101.  Annulment  of  award  —  Hearsay 
statements  of  deceased. — Where  the  only 
evidence  to  support  the  award  was  the 
hearsay  statements  of  the  decased  made 
to  various  persons,  the  award  is  beyond  the 
power  of  the  commission  and  should  be  an- 
nulled on  writ  of  review. — Employer's,  etc., 
Corp.  V.  Industrial  Accident  Commission, 
170  Cal.   800,   802,   151   Pac.   423. 

1102.  Admission  of  hearsay  evidence  im- 
material if  other  evidence  sufficient. — • 
Where  there  is  substantial  evidence  to  jus- 
tify an  award,  the  further  admission  of 
evidence  of  an  incompetent  character,  be- 
cause hearsay,  upon  same  facts,  would  be 
mere  error,  which  would  not  oust  the  juris- 
diction nor  justify  a  writ  of  review. — 
Soutliern  Surety  Co.  v.  Industrial  Accident 
Commission,   173   Cal.   678,   160   Pac.   884. 

1103.  Findings  on  conflicting  evidence. — 
Where  there  is  a  conflict  of  evidence  tho 
finding  of  the  commission  under  the  Rose- 
berry  act  can  not  be  inquired  into  by  the 
supreme  court. — Great  Western  Power  Co. 
V.   Pillsbury,    170   Cal.    180,    184,    149    Pac.    35. 

1103a.  An  award  of  compensation  for 
injuries  made  by  the  commission  w^ill  not 
be  interfered  with  on  certiorari  where  the 
evidence  upon  which  the  award  is  founded 
is  in  substantial  conflict. — Richmond  Dredg- 
ing Co.  V.  Industrial  Accident  Commission, 
33  Cal.  App.  97,  164  Pac.  407,  4  I.  A.  C.  Dec. 
67. 

1104.  Same — Not  subject  to  review. — The 
supreme  court  can  not  disturb,  on  review, 
the  finding  of  the  commission  based  on  con- 
flicting evidence.  —  Southwestern  Surety 
Ins.  Co.  v.  Pillsbury,  172  Cal.  768,  773,  158 
Pac.    762. 

1105.  Finding  as  to  status  of  employee 
on  conflicting  evidence. — The  finding  of  the 
commission  as  to  the  status  of  a  claimant 
for  compensation  under  the  act,  made  upon 
a  substantial  conflict  of  evidence,  will  not 
be  disturbed  on  certiorari. — Western  Indem- 
nity Co.  V.  Pillsbury,  172  Cal.  807,  809,  159 
Pac.   721. 

1106.  Findings  not  subject  to  question 
on  review,  where  the  evidence  in  support 
is  conflicting. — The  findings  of  fact  of  th<^ 
commission  are  not  subject  to  question,  if 
there  is  any  evidence  to  support  them. — 
Smith  V.  Industrial  Accident  Commission, 
26  Cal.   App.  560,   147   Pac.   600. 

1107.  Findings  upon  conflicting  evidence 
will  not  be  disturbed  where  there  is  some 
support. — Findings  of  the  commission  will 
not  be  disturbed  on  certiorari,  when  there 
is  a  conflict,  and  some  evidence  to  support 
the  findings.— McDonagh  v.  Industrial  Ac- 
cident Commission,  34  Cal.  App.  177,  166 
Pac.  1024;  Easton  v.  Industrial  Accident 
Commission,    34   Cal.   App.    321,   167   Pac.   288. 

1108.  Arising  out  of  and  in  course  of 
employment — Finding  on  conflicting  evi- 
dence upheld. — Where  the  evidence  is  con- 
flicting as  to  whether  the  injury  arose  out 
of  or  in  the  course  of  the   employment,   the 


1CS9 


MASTER  AXD   SERVANT. 


Act  278  J 


finding  of  the  commission  must  be  upheld. — 
Krobitzsch  v.  Industrial  Accident  Commis- 
sion, 58  Cal.  Dec.  445,  185  Pac.  396,  6  I.  A.  C. 
Dec.  218  (Starkey  v.  Krobitzsch,  6  I.  A.  C. 
Dec.   61). 

1109.  Irreg-ularlties  or  errors  in  pro- 
cedure not  jurisdictional. — Under  the  act, 
an  order  of  the  commission  is  not  subject 
to  annulment  on  the  ground  that  the  com- 
mission granted  a  rehearing  for  newly  dis- 
covered evidence  in  violation  of  its  own 
rule  requiring  such  evidence  to  be  set  out 
in  detail  in  the  application  for  a  rehearing, 
or  for  taking  testimony  without  solicita- 
tion from  either  party,  since  irregularities, 
or  errors  in  mere  matter  of  procedure  do 
not  go  to  the  jurisdiction  of  the  commission 
to  make  awards. — Maryland,  etc.,  Co.  v. 
Industrial  Accident  Commission,  178  Cal. 
491,  173  Pac.  993,  5  I.  A.  C.  Dec.  154  (Dob- 
son  v.  Ellis,  4  I.  A.  C.  Dec.  357). 

1110.  Inconsistent  finding's  not  grround  for 
revie^v. — The  supreme  court  has  no  power 
to  annul  an  award  on  the  ground  that  the 
findings  are  inconsistent,  and  if  there  are 
findings  which  sustain  the  award,  the  fact 
that  there  are  findings  inconsistent  there- 
with, if  taken  alone,  will  not  be  available 
to  annul  it. — Soxithern  Pacific  Co.  v.  Indus- 
trial Accident  Commission,  177  Cal.  378,  170 
Pac.  822,  5  I.  A.  C.  Dec.  20  (Hunt  v.  South- 
ern Pacific  Co.,  4  I.  A.  C.  Dec.  107). 

1111.  Consideration  of  evidence  in  suit- 
port  of  findings. — Where  the  findings  are 
meager  in  detailing  facts  upon  which  the 
comraission  based  its  conclusion,  the  court 
may  refer  to  the  evidence,  for  the  purpose 
of  explaining  or  supplementing,  but  not  for 
the  purpose  of  varying  or  contradicting  the 
findings. — Kramer  v.  Industrial  Accident 
Commission,   31  Cal.   App.    673,    161    Pac.    278. 

1112.  Evidence  taken  ivithout  notice  to 
party  aflfected  by  a>vard. — Where  all  the 
evidence  tending  to  show  the  connection 
of  the  person  against  whom  an  award  is 
made  with  the  injury  is  taken  before  such 
person  was  made  a  party  and  before  notice 
to  him,  such  award  is  without  due  process 
of  law,  and  the  evidence  can  not  be  con- 
sidered in  support  of  the  findings  of  the 
commission. — Carstens  v.  Pillsbury,  172  Cal. 
572,   577,   158   Pac.   218. 

1113.  Errors  in  admission  or  exclusion 
of  evidence  not  rcvie'^vaJtle. — In  view  of  sec- 
tions 77  and  84,  errors  of  the  commission 
in  the  admission  or  exclusion  of  evidence 
is  not  subject  to  review. — Frankfort  G.  Ins. 
Co.  V.  Pillsbury,  173  Cal.  56,  61,  159  Pac. 
150. 

1114.  Findings  of  fact  upon  v^-liich  juris- 
diction is  based  are  revie-»vable. — Findings 
of  fact  by  which  the  commission  determines 
itself  clothed  with  jurisdiction  are  review- 
able on  certiorari. — Miller  &  Lux  v.  Indus- 
trial Accident  Commission,  179  Cal.  764,  7 
A.  L.  R.  1191,  178  Pac.  960,  6  I.  A.  C.  Dec.  34. 

1115.  Jnrisdictional  facts  must  be  sup- 
ported by  competent  evidence. — There  must 
be  competent  evidence  in  support  of  every 
jurisdictional  fact  involved  in  an  applica- 
tion for  compensation. — Elk  Grove,  etc.,  Dis- 


trict V.   Industrial   Accident   Commission,    34 
Cal.   App.   589,   168   Pac.  392. 

1116.  Finding  as  to  jnrisdictional  fact 
unsupported — Award  annulled.  —  Notwith- 
standing the  provisions  of  the  act  as  to  the 
conclusiveness  of  the  findings  of  the  com- 
mission, an  award  is  the  subject  of  review 
and  may  be  annulled  whenever  the  finding 
as  to  a  jurisdictional  fact  is  without  sub- 
stantial support. — Employer's,  etc.,  Cor- 
poration V.  Industrial  Accident  Commission, 

170  Cal.   800,   801,   151   Pac.   423. 

1117.  Question  of  relationship  of  em- 
ployer and  employee  jurisdictional,  and  sub- 
ject to  review. — The  question  of  the  rela- 
tionship of  an  owner  of  land  contracting 
with  a  woodcutter  to  cut  wood  at  a  stipu- 
lated price  per  cord,  to  the  employee  of  a 
sub-contractor  who  furnishes  his  own  tools 
and  labors  at  his  own  pleasure  and  not 
under  the  owner's  authority,  as  to  liability 
for  compensation  under  the  act,  is  jurisdic- 
tional and  reviewable  by  the  supreme  court. 
— Donlon  Bros.  v.  Industrial  Accident  Com- 
mission,  173   Cal.   250,   252,   159   Pac.   715. 

Ills.  Questions  as  to  T^hether  accident 
arose  out  of  employment,  and  wliether  will- 
ful misconduct  proximately  caused  accident 
are  jurisdictional.  —  Both  the  questior 
whether  the  accident  causing  the  injurr 
occurred  or  arose  out  of  and  in  the  course 
of  the  employment,  and  the  questior 
whether  the  accident  was  or  was  not  th»- 
direct  result  of  the  willful  misconduct  of 
the  injured  employee  are  jurisdictional 
facts. — Elk  Grove,  etc..  District  v.  Industria' 
Accident  Commission,  34  Cal.  App.  589,  16'* 
Pac.    392. 

111».  "Roseberry  act" — Question  of  will- 
ful misconduct  jurisdictional. — Under  the 
Roseberry  act  the  question  whether  the  ac- 
cident was  caused  by  the  willful  misconduct 
of  the  employee  is  one  that  goes  to  the 
jurisdiction  of  the  board,  and  is  therefore 
open  to  inquiry  on  certiorari. — Great  West- 
ern Power  Co.  v.  Pillsbury,  170  Cal.  1?0,  186, 
149   Pac.   35. 

1120.  Review — Question  as  to  willful 
misconduct  of  employee  reviewable. — The 
question  whether  an  employee  was  guilty 
of  willful  misconduct  at  the  time  he  was 
killed  is  a  jurisdictional  one,  and  subject 
to  review  by  the  supreme  court. — Fidelity, 
etc.,  Co.  V.  Industrial  Accident  Commission, 

171  Cal.    728,    729,    L..    R.    A.    1916D,    903,    154 
Pac.   834. 

1121.  Question  of  "willful  misconduct" 
jurisdictional. — ^The  question  as  to  whether 
an  employee  was  guilty  of  willful  miscon- 
duct at  the  time  of  his  injury  was  a  juris- 
dictional one,  and  subject  to  review  by 
the  supreme  court. — Hyman,  etc.,  Co.  v.  In- 
dustrial Accident  Commission,  180  Cal.  423, 
181  Pac.  784  (Weiss  v.  Hyman,  etc.,  Co.,  5 
I.  A.  C.  Dec.  71). 

1121a.  AVillful  misconduct  of  employee. — 
An  award  is  subject  to  review  on  the  ques- 
tion as  to  wliether  or  not  the  employee 
was  guilty  of  misconduct  at  the  time  of 
his  injury. — Fidelity,  etc.,  Co.  v.  Industrial 
Accident  Commission   (Cal.),  3  I.  A.   C.   Dec. 


Act  2T81 


GENERAL  LAWS. 


1000 


9  (Head  v.  Fidelity,  etc.,  Co.,  1  I.  A.  C. 
Dec.  451). 

li:!2.  Double  employment — FIndlngr  «■  to 
excluded  employment. — Where  an  employee 
engaeed  in  the  dual  capacity  of  janitor  and 
trardener,  was  injured  while  trimming  an 
acacia  tree,  there  was  evidence  to  justify 
the  finding  of  the  commission  that  at  the 
time  of  the  injury  the  employee  was  en- 
gaged In  horticultural  labor  and  that  it 
was  without  jurisdiction  to  award  com- 
pensation and  this  finding  can  not  be  re- 
viewed on  appeal. — George  v.  Industrial 
Accident  Commission,  56  Cal.  Dec.  220,  6 
I.  A.  C.  Dec.  1G9  (George  v.  Wilson,  4  I.  A.  C. 
Dec.    55). 

1123.  Scope  of  iiectlon  84.  Reviewable 
fnctit. — The  phrase  "such  questions  of  fact 
shall  include  ultimate  facts  and  the  findings 
and  conclusions  of  the  commission"  in  sec- 
tion 84  of  the  act  of  1913,  refer  wholly  to 
conclusions  of  facts. — Smith  v.  Industrial 
Accident  Commission,  26  Cal.  App.  560,  147 
Pac.  600. 

XI.    MISCELLANEOUS. 

1.  Eelease. 
1124.     Release    at    time   of    employment 
does  not  exempt  employer  from 
liability  for  compensation. 
1125,1126.     Release    not    providing    for    full 
compensation,  not  a  defense. 

1127.  Release    under     maritime     law — 

Election  of  remedies. 

S.  Assignment  of  claim. 

1128.  Claim  for  compensation  operates 

as  assignment. 
1129,  1130.     Same — Eight    of    action    against 
tort-feasor. 

S.  Subrogation. 

1130a.  Eight  not  affected  by  release. 

1130b.  Joint  employers. 

1130c.   Employer  and  insurance  carrier. 

1130d.  Insurance  carrier  bound  by  ac- 
tion of  employer. 

1130e.  Right  of  action  of  carrier  against 
tort-feasor. 

4.  Election  of  remedies, 
1130f.   Election  of  remedy. 
1131-  1136.     Same — Serious    and    wilful    mis- 
conduct as  ground  for  action  at 
law  for  damages. 

5.  Action  against  tort-feasor. 

1137.  Parties  to  action — Employer  and 

carrier. 

1138.  Same— Father. 

1139.  Settlement  of  claim — Credited  on 

indemnity. 

1140.  Judgment    against    tort-feasor — 

Offset     against     compensation 
award. 

6.  Jurisdiction  of  state  courts. 

1141.  Actions  under  federal  employer's 

liability  act. 

1142.  Equitable  actions. 

1143.  Same  —  Enjoin      collection,     of 

award. 


1.  Urlease. 

1124.  Releane  nt  time  of  employment 
doeti  not  exempt  employer  from  liability  for 
compenxntlon. — An  agreement  between  an 
employee  and  employer  at  the  time  of  the 
employment  releasing  the  employer  from 
any  claims  arising  or  on  account  of  hernia, 
the  existence  of  which  then  appeared  on 
physical  examination,  did  not,  in  view  of 
section  27(a)  of  the  act  of  1917,  exempt 
employer  from  liability  for  compensation. — 
Hines  v.  Industrial  Accident  Commission, 
(Cal.)    188   Pac.    277. 

1125.  Releaite  not  providine:  for  full  com- 
pen.sation,  not  a  defenne. — A  release  by  an 
employee  to  his  employer  that  does  not 
provide  for  the  payment  of  full  compensa- 
tion under  the  act,  is  not  a  defense  to  a 
proceeding  for  an  award  by  the  industrial 
accident  commission. — Employee's  Credit 
Co.  v.  Industrial  Accident  Commission,  177 
Cal.    46,    47,    169    Pac.    1001. 

1126.  A  release  vthich  doen  not  provide 
for  full  compen.sation  is,  under  section  32b, 
not  valid. — Massachusetts,  etc.,  Co.  v.  In- 
dustrial Accident  Commission,  176  Cal.  488, 
493,  168  Pac.  1050. 

1127.  Release  under  maritime  lave — Elec- 
tion of  remedies. — The  giving  of  a  release 
on  payment  of  full  wages  and  all  the  money 
an  injured  seaman  was  entitled  to  under 
admiralty  law,  did  pot  constitute  an  elec- 
tion of  remedies  sufficient  to  bar  him  from 
the  right  to  compensation  under  the  act. — 
Johansen  v.  George  E.  Billings  Co.,  6 
I.  A.  C.  Dec.   236. 

S.  Assignment  of  claim. 

1128.  Claim  for  compenMation  operates  aa 
assiprnment. — When  an  injured  employee 
makes  a  claim  for  compensation  under  the 
act  such  action  operates  to  assign  his  claim 
against  a  tort-feasor  for  damages  for  such 
injury  as  fully  as  though  such  assignment 
had  been  expressly  made  in  writing,  and 
any  settlement  which  such  tort-feasor  might 
thereafter  make  with  such  employer  would 
be  ineffectual  to  destroy  or  impair  the  right 
of  the  employer  or  the  insurer  who  pays 
the  claim  for  compensation. — Massachusetts, 
etc.,  Co.  v.  San  Francisco-Oakland  Terminal 
Railways,    39   Cal.   App.    388,    178    Pac.    974. 

1120.  Same — RiRht  of  action  a);aln«t  tort- 
fea.sor. — The  provisions  of  section  31,  and 
of  subdv.  (f)  of  section  34,  of  the  act  of 
1913,  were  intended  to  permit  an  assignment 
of  the  injured  employee's  right  of  action 
for  the  injury,  and  to  provide  that  the 
making  of  a  lawful  claim  under  the  act 
should  operate  as  such  an  assignment  to 
his  employer  or  the  latter's  insurer,  who 
pays  such  claim. — Massachusetts,  etc.,  Co. 
V.  San  Francisco-Oakland  Terminal  Rail- 
ways, 39  Cal.  App.  388,  178  Pac.  974. 

II.'IO.  Under  sections  31  and  34(f)  of  the 
act,  the  collection  by  a  father  of  compen- 
sation for  the  death  of  a  minor  from  his 
son's  employer,  works  an  assignment  to  the 
employer  of  the  cause  of  action  against  the 
party  whose  negligence  caused  such  death, 
and   the   employer   or   insurance   carrier   can 


1601 


MASTKR  AND   SERVANT. 


Act  2781 


maintain  such  action  in  their  own  names. — 
Stackpole  v.  Pacific  Gas  &  Elec.  Co.,  (Cal.) 
186  Pac.  354,   6  I.  A.  C.  Dec.   270. 

S.  Subrogation. 
1130a.      Right    not    affected    by    release. — 

The  right  of  action  of  an  employer  against 
the  owner  of  a  building  for  an  industrial 
injury  to  his  employee  caused  by  being 
caught  in  the  elevator  of  the  building,  is 
not  affected  by  a  release  by  the  employee 
executed  to  such  owner  in  consideration  of 
money  paid  to  such  employee  by  such 
owner,  without  such  employer's  knowledge. 
— Papineau  v.  Industrial  Accident  Commis- 
sion, (Cal.  App.)  187  Pac.  988,  6  I.  A.  C. 
Dec.  246  (Miles  v.  Papineau,  6  I.  A.  C.  Dec. 
74). 

1130b.  Joint  employers. — In  the  case  of 
joint  employers,  where  one  Is  held  liable 
and  the  other  held  not  liable,  section  26 
of  the  act  is  construed  to  mean  the  em- 
ployer who  is  held  liable  and  not  the  one 
who  is  held  not  liable,  and  such  employer 
is  entitled  to  credit  upon  his  indemnity 
liability  for  the  amount  paid  the  employee 
on  a  settlement  by  the  other  joint  employer. 
— Robinson  v.  San  Francisco,  etc..  Railway, 
5  I.   A.  C.  Dec.  182. 

1130c.  Employer  and  Insurance  carrier. — 
While  it  is  true  that  as  between  an  insurer 
and  an  employee  the  right  of  subrogation 
would  be  an  equitable  one  arising  out  of 
the  payment  by  the  former  of  the  latter's 
claim  for  damages,  still  when  such  payment 
has  been  made,  and  the  assignment  of 
Silva's  cause  of  action  against  the  tort- 
feasor consummated  by  subrogation,  the 
right  thus  accrued  in  the  insurer  was  the 
right,  as  assignee,  of  maintaining  the  same 
action  that  the  employee  could  have  main- 
tained had  no  such  assignment  been  made. — 
Massachusetts,  etc.,  Co.  v.  San  Francisco- 
Oakland  Terminal  Railways,  39  Cal.  App. 
388,  178  Pac.  974. 

1130d.  Insurance  carrier  bound  by  action 
of  employer. — An  insurance  carrier  is  bound 
by  the  action  of  the  assured  employer  in 
changing  a  physician  furnished  by  the  in- 
surance carrier  in  the  absence  of  proof  of 
injury  to  assume  his  liability  as  a  condition 
precedent  to  subrogation,  and  such  carrier 
was  liable  for  the  reasonable  value  of  the 
substituted  physician's  services. — Turner  v, 
Cass-Smurr-Damerel  Co.,  5  I.  A.  C.  Dec. 
186. 

11.30e.  Right  of  action  of  carrier  against 
tort-feasor. — The  right  of  action  of  an  in- 
surer who  has  paid  the  claim  of  an  injured 
employee  against  the  tort-feasor  is  legal 
and  not  equitable. — Massachusetts,  etc.,  Co. 
V.  San  Francisco-Oakland  Terminal  Rail- 
ways, 39  Cal.  App.  388,  178  Pac.  974. 
4.  Election  of  remedies. 

1130f.  Election  of  remedy. — In  the  pres- 
ent case  it  was  held  that  the  applicant  had 
made  a  lawful  claim  for  compensation  under 
the  act,  and  was  bound  thereby. — Benjamin 
V.   Garneau  Co.,   4   I.   A.   C.  Dec.   124. 

1131.  Same — Serious  and  Tvillful  miscon- 
duct as  ground  for  action  at  la^v  for  dam- 
ages.— Seiious     and     willful    misconduct    of 


an  employee  as  ground  for  action  at  law 
for  damages  is  not  predicated  upon  a  failure 
to  provide  a  safety  guard  for  a  saw  as  re- 
quired by  order  No.  600  of  the  commission, 
there  being  no  evidence  that  he  knowingly 
or  willfully  refused  to  provide  such  guard. 
— Lucky  v.  Hammond  Lumber  Co.,  6  I.  A.  C. 
Dec.  3. 

1132.  Serious  and  Tcillful  misconduct  can 
not  be  imputed  to  an  electric  railway  com- 
pany from  the  act  of  a  motorman  starting 
a  train  standing  in  the  company  yards, 
without  orders,  without  receiving  or  giving 
a  signal  or  endeavoring  to  ascertain 
whether  the  track  was  clear,  the  train  not 
being  one  of  which  he  was  in  charge,  all 
in  violation  of  the  express  order  of  the 
company,  it  not  being  shown  that  any  such 
violation  of  the  rules  was  practiced  with 
the  approval  or  acquiescence  of  an  execu- 
tive or  managing  officer  of  defendant. — 
Nicholson  v.  San  Francisco-Oakland  Ter- 
minal Railways,  6  I.  A.  C.  Dec.  10. 

1133.  An  employer  is  innocent  of  any 
element  of  ■willfulness  in  employing  a  six- 
teen-year-old boy  to  operate  a  tin-pressing 
machine  in  violation  of  the  child  labor  law 
of  1917,  where  at  the  time  of  the  employ- 
ment the  boy  presented  a  school  certificate 
entitling  him  to  be  employed  at  a  proper 
employment,  and  the  foreman  of  such  em- 
ployer erroneously  believed  such  certificate 
sufficient  to  authorize  the  employment. — 
Lundgren  v.  Hammer-Bray  Co.,  6  I.  A.  C. 
Dec.    17. 

1134.  The  failure  of  the  employer  to 
place  a  guard  on  a  save  according  to  gen- 
eral safety  order  of  commission  does  not 
constitute,  in  the  absence  of  inspection  or 
instructions,  serious  or  willful  misconduct 
of  the  employer. — Burke  v.  Chandler  Ship- 
building Co.,   5  I.  A.  C.  Dec.   237. 

1135.  Where  a  scaffold  on  a  vessel  under 
construction  was  not  provided  with  railings 
or  other  enclosures,  by  reason  of  which 
the  employee  fell  and  was  fatally  injured, 
it  was  held  that  the  scaffold  was  unsafe 
and  improper  within  the  meaning  of  section 
402C  of  the  Penal  Code  and  section  35  of 
the  act  of  1917  and  that  its  maintenance  by 
the  employer  constituted  serious  and  willful 
misconduct. — Davis  v.  Craig,  etc.,  Co.,  5 
I.  A.   C.  Dec.  118. 

1136.  The  act  of  overweighing  a  roof 
undergoing  repair  by  placing  too  many 
workmen  thereon,  is  not  serious  and  w^illful 
misconduct  within  the  meaning  of  the  act. 
— Butt  V.  Hampton  &  Co.,  5  I.  A.  C.  Dec.  159. 

5.  Action  against  tort-feasor. 
11^7.  Parties  to  action — Employer  and 
carrier. — An  action  for  the  death  of  a  minor 
son  may  be  brought  by  his  father  against 
the  person  whose  negligence  caused  the 
death,  even  though  he  may  have  received 
compensation  for  such  death  from  his  son's 
employer  or  insurance  carrier;  but  if  ob- 
jection is  made,  the  action  can  not  be  prose- 
cuted without  the  employer  and  carrier 
being  made  parties. — Stackpole  v.  Pacific 
G.  &  E.  Co.,  (Cal.)  186  Pac.  354,  6  I.  A.  C. 
Dec.  270. 


Act  2782,  8§  1,2 


GF}NERAI>   LAWS. 


1QS2 


Such  objection  must  be  made  In  the 
manner  prescribed  by  the  code  for  non- 
joinder of  necessary  parties. — Same  v.  Same. 

IIIIS.  Same — Father. — In  an  action  by 
the  employer  and  insurance  carrier  against 
a  third  person  for  the  death  of  a  minor 
employee,  the  father  of  such  minor,  who 
has  received  compensation  under  the  act,  is 
interested  in  the  recovery  to  the  extent  of 
the  excess  over  the  amount  necessary  to 
reimburse  the  employer  or  carrier. — Stack- 
pole  V.  Pacific  G.  &  E.  Co.,  (Cal.)  186  Pac. 
354.   6   I.   A.  C.   Dec.    270. 

113S).  Settlement  of  claim — Credited  on 
indemnity. — An  amount  paid  the  injured 
employee's  widow  by  a  third  party  in  set- 
tlement of  a  claim  for  compensation  for  his 
death  was  ordered  credited  upon  the  indem- 
nity due  under  the  act  from  the  employer. — 
Donald  V.  The  Travelers,  etc.,  Co.,  5  I.  A.  C. 
Dec.    162. 

1140.  Judprment  af^ainat  tort-feasor — Off- 
set sifraliist  compensation  a^vard. — An  em- 
ployee who  recovers  a  judgment  against  a 
tliird  party  in  a  personal  injury  action,  may 
maintain  a  claim  for  compensation  for  the 
same  injury,  but  the  amount  of  the  judg- 
ment will  be  offset  against  the  compensa- 
tion award. — Goody  v.  Daley,  6  I.  A.  C.  Dec. 
179. 

6,  Jurisdiction   of  state   courts. 

1141.  Actions  under  federal  employers' 
liability  act. — The  state  courts  may  take 
jurisdiction  of  personal  injury  actions  by 
employees     against     employers     under     the 


federal  employers'  liability  act  as  well  as 
under  the  state  act,  and  in  such  an  action, 
under  the  state  act,  if  the  defendant  does 
not,  as  he  may,  specially  plead  the  fact 
that  he  desires  to  invoke  the  federal  stat- 
ute, it  will  be  presumed  that  plaintiff's  em- 
ployment was  intrastate  and  not  interstate. 
— Terry  v.  Southern  Pacific  Co.,  34  Cal.  App. 
330,   169   Pac.    86. 

1142.  Kqiiitalile  actions. — The  inhibition 
contained  in  subsection  (d)  of  section  84 
of  the  act  does  not  deny  to  the  courts  the 
jurisdiction  upon  equitable  grounds  to 
"suspend  or  delay  the  operation  or  execu- 
tion" of  any  order,  decision  or  award  of 
the  commission  upon  the  proper  application 
of  a  stranger  to  the  proceedings  before  the 
commission. — Gamble  v.  Superior  Court,  6 
I.  A.  C.  Dec.  26,  39  Cal.  App.  661,  179  Pac. 
717. 

1143.  Same — Elnjoin  collection  of  award. 
— An  action  to  enjoin  the  collection  by  ex- 
ecution or  otherwise  of  an  award  by  the 
industrial  accident  commission,  where  the 
complaint  alleges  that  the  plaintiff  is  a 
large  stockholder  In  the  corporation  against 
which  the  award  was  made,  that  the  award 
was  obtained  by  fraud,  and  that  its  en- 
forcement would  result  in  irremediable  in- 
jury to  plaintiff,  is  in  form  and  nature  of 
relief  sought  an  equitable  proceeding,  of 
which  courts  of  equity  take  cognizance  and 
have  power  to  grant  relief. — Gamble  v.  Su- 
perior Court,  6  I.  A.  C.  Dec.  26,  39  Cal.  App. 
661,    179    Pac.    717. 


EMPLOYER'S  CASUALTY  REPORTS. 
ACT  2782— An  act  to  provide  for  the  keeping  hy  employers  of  a  record  of  injuries 
suffered  by  their  employees;  the  reporting  of  such  injuries  to  the  industrial  accident 
hoard  by  employers  and  attending  physicians;  the  keeping  by  employers  and  insur- 
ance companies  of  records  of  claims  for  injuries  suffered  by  employees  and  of  com- 
promises and  settlements  made  therefor  and  requiring  the  reporting  thereof  to  said 
board;  and  fixing  a  penalty  for  refusal  or  neglect  to  keep  such  records  or  make  such 
reports. 

History:    Approved  January  10,  1912,  Stats.  1911  (ex.  sess.),  p.  217. 

Record  of  personal  injury  to  employees.     Report  of  employer  to  industrial  accident 

board. 

§  1.  Every  employer  of  labor  in  this  state  shall  keep  a  full,  true  and  correct  record 
of  every  personal  injury  suffered  by  his  or  its  employees,  arising  out  of  or  in  the  course 
of  the  employment,  and  resulting  in  death,  or  in  disability  extending  over  a  period  of 
a  week  or  more.  Within  fifteen  days  after  the  happening  of  any  such  personal  injury, 
a  written  report  thereof  shall  be  mailed  by  the  employer  to  the  industrial  accident  board 
informally,  or  on  blanks  to  be  provided  by  said  board  for  this  purpose.  The  said  report 
shall  contain  the  name  of  the  employer,  location  of  place  of  employment,  nature  of 
employment,  name,  address,  age,  nationality,  sex  and  occupation  of  the  injured  person, 
length  of  time  the  injured  person  had  worked  at  the  particular  employment  previous  to 
injury,  date  and  hour  of  the  day  or  night  of  the  accident,  the  hour  at  which  the  injured 
employee  began  work  on  the  date  of  the  accident,  nature  of  the  injury,  cause  of  the 
injury  and  rate  of  wages  of  the  injured  employee. 

Supplemental  report.    Details  of  claim,  payment,  or  settlement. 

§  2.  Upon  the  termination  of  the  disability  of  the  injured  employee  or  at  the  expira- 
tion of  sixty  days  from  the  date  of  the  accident,  if  the  disability  should  extend  beyond 


1693  MASTER   AXD   SERVANT.  Act  2782,  g§  3-7 

such  period,  the  employer  shall  mail  to  the  industrial  accident  board  a  supplemental 
report  in  relation  to  such  disabilit}-,  infoi-mally  or  on  blanks  to  be  provided  by  said 
board  for  this  purpose.  Such  report  must  contain  complete  statements  as  to  any  claim 
made  by  the  injured  employee  for  indemnification  for  the  injury  sustained,  payment 
made  to  him  or  in  his  behalf  for  medical,  surgical  or  other  care,  claim  for  compensation 
or  damages  made  for  such  injui-ies  and  any  compromise  or  settlement  of  claim  for  com- 
pensation or  damages  entered  into  between  the  employer  and  such  injured  employee, 
his  heirs,  dependents  or  legal  representative.  In  the  event  that  any  payment  shall  be 
made  to  such  injured  employee,  or  his  dependents  at  any  time  thereafter,  in  compromise 
or  settlement  of  a  claim  for  compensation  or  damages,  the  amount  of  such  payment 
shall  be  forthwith  reported  by  the  employer  to  the  industrial  accident  board. 

Report  of  attending  physician. 

$  3.  Every  physician  who  attends  any  such  injured  employee  shall  keep  a  record  of 
his  ease.  Within  ten  days  from  the  date  of  his  first  attendance  upon  the  injured 
employee,  he  shall  mail  to  the  industrial  accident  board  a  report,  informally  or  on 
blanks  to  be  provided  by  the  said  board  for  this  purpose.  The  said  report  shall  contain 
the  name  and  address  of  the  employer,  name,  address,  sex  and  age  of  the  injured 
employee,  date  of  accident,  description  of  the  injury,  probable  nature  and  extent  of 
disability.  Upon  the  termination  of  the  disability  of  the  injured  employee  or  the 
termination  of  said  physician's  attendance  upon  his  case,  he  shall  forthwith  mail  to  the 
industrial  accident  board  a  supplemental  report  in  relation  to  such  case  describing  the 
physical  condition  of  the  injured  employee,  his  disability,  convalescence  or  discharge 
from  the  doctor's  care. 

Seport  of  insurance  or  indemnity  companies. 

$  4.  Every  person,  firm,  association  or  corporation  insuring  against  the  liability  of 
employers  for  damages  or  compensation  for  personal  injury  to  employees  or  indemnify- 
ing any  employer  for,  or  on  account  of  any  such  liability  shall  keep  a  record  thereof, 
and  shall  within  the  first  five  days  of  each  and  every  month,  report  in  writing  to  the 
industrial  accident  board,  informally  or  on  blanks  to  be  provided  by  said  board  for  this 
purpose,  every  such  injury  to  employees  reported  to  it,  every  claim  for  damages  or 
compensation  for  such  injury  filed  with  such  person,  fixm,  association  or  corporation 
and  any  settlement  or  compromise  of  any  such  claim  for  damages  or  compensation 
whether  made  with  such  injured  employee,  his  heirs,  dependents  or  legal  representative. 

Additional  information. 

$  5.  Every  employer,  physician  or  insurance  company,  firm  or  association,  shall 
furnish  to  the  industrial  accident  board  all  further  information  required  by  it  in  order 
to  constitute  a  substantially  complete  and  accurate  history  of  each  injury  and  the 
damages  or  compensation  paid  therefor. 

Use  of  records  or  reports. 

§  6.  The  record  required  to  be  kept  in  pursuance  of  the  provisions  of  this  act  shall 
at  all  times  be  open  to  inspection  of  the  industrial  accident  board  or  any  member 
thereof,  or  any  examiner  appointed  thereby.  Any  statement  contained  in  such  report 
shall  not  be  admissible  as  evidence  in  any  action  arising  out  of  the  death  or  injury  of 
any  employee  by  reason  of  the  accident  reported. 

Penalty  for  failure  to  observe  law. 

§  7.  It  shall  be  unlawful  for  any  person,  firm,  corporation,  agent  or  officer  of  a  firm 
or  corporation  to  fail,  neglect  or  refuse  to  comply  with  any  of  the  provisions  of  this  act. 
Any  person,  firm,  corporation,  agent  or  officer  of  a  firm  or  corporation  that  violates  or 
omits  to  comply  with  any  of  the  provisions  of  this  act,  shall  be  guilty  of  a  misdemeanor 
for  each  and  every  offense  and  shall  be,  upon  conviction  thereof,  punishable  by  fine  of 


Act  2783,  §g  1-4  GENERAL   LAWS.  1C94 

not  less  than  ten  dollars  or  more  than  one  hundred  dollars  or  by  imprisonment  for  not 
more  than  thirty  days,  or  by  both  such  fine  and  imprisonment. 

Not  to  apply  to  certain  pursuits. 

§  8.  Nothing  in  this  act  shall  apply  to  employers  of  labor  engaged  in  farming,  dairy- 
ing, agricultural  or  horticultural  pursuits,  in  poultry  raising  or  domestic  service. 

EMPLOYERS'  HOSPITAL  SERVICE. 

ACT  2783 — An  act  requiring  employers  who  provide  hospital  service  for  their  employees 

and  who  make  a  charge  therefor,  to  keep  books,  records  and  accounts  of  all  such 

charges,  and  to  make  an  annual  written  report  thereof;  requiring  each  such  charge 

to  be  just  and  reasonable  and  to  be  devoted  to  no  other  purpose  than  such  hospital 

service ;  and  prescribing  penalties  for  violations  of  the  provisions  thereof. 

History:  Approved  June  8,  1915.  In  effect  August  8,  1915.  Stats. 
1915,  p.  1310.  Amended  April  6,  1917.  In  effect  July  27,  1917.  Stats. 
1917,  p.  83. 

Definitions. 

$  1.    The  following  terms,  as  used  in  this  act,  shall  be  construed  as  follows: 

"Employer." 

(a)  The  term  "employer"  shall  mean  and  include  every  person,  partnership,  com- 
pany, association,  joint  stock  association  or  corporation  engaged  in  any  business  or 
enterprise  in  this  state  and  hiring  or  employing  five  or  more  persons  in  such  business. 

' '  Charge. ' ' 

(b)  The  term  "charge"  shall  mean  and  include  any  deduction  from  the  salary  or 
wage  of  an  employee,  or  any  collection  from  or  contribution  by  an  employee,  whether 
such  charge  be  made  regularly  at  stated  intervals  or  at  the  time  of  injury  or  iUness  of 
an  employee,  or  at  any  other  time  or  in  any  other  manner. 

Employer  furnishing  hospital  service  to  make  report. 

$  2.  Every  employer  who  affords  or  provides  hospital  service  of  any  sort  for  his 
employees,  for  which  service  any  charge  is  received  or  collected  by  such  employer,  or 
at  his  instance  or  request,  shall  in  each  year,  on  or  before  the  thirtieth  day  of  January* 
thereof,  file  as  hereinafter  provided  a  written  report  for  the  next  last  preceding  year, 
which  report  shall  contain  a  statement  showing  (1)  the  total  amount  of  hospital 
charges  collected  or  received  during  the  year,  (2)  an  itemized  account  of  all  expendi- 
tures, investments  or  other  disposition  of  such  charges,  and  (3)  a  statement  showing 
what  balance,  if  any,  remains.  This  report  shall  be  verified  by  the  employer,  if  an 
individual ;  by  a  member,  if  a  partnership ;  by  the  secretary  or  president,  if  a  corpora- 
tion, company,  association  or  joint  stock  association. 

Hospital  charges  must  be  just. 

$  3.  Every  such  hospital  charge  demanded,  collected  or  received  by  an  employer  shall 
be  just  and  reasonable.  The  railroad  commission  is  hereby  given  authority  to  decide 
what  is  an  unreasonable  charge  in  all  cases  where  such  charge  is  made  by  a,  hospital 
maintained  by  a  common  carrier  by  rail,  and  in  all  cases  where  the  charge  is  made  by 
a  hospital  maintained  by  other  than  a  common  carrier  by  rail,  the  industrial  accident 
commission  is  hereby  given  authority  to  decide  what  is  an  unreasonable  charge. 
(Amendment  of  April  6, 1917.    In  efilect  July  27,  1917.    Stats.  1917,  p.  83.] 

Purpose  of  charges. 

$  4.  No  such  hospital  charge  collected  or  received  by  an  employer  shall  be  devoted 
to  any  purpose  other  than  bona  fide  hospital  or  medical  service  for  the  employees  from 
whom  the  charge  is  demanded,  collected  or  received. 


1695  MASTER   AND   SE:RVANT.  Act  27S1,  §§  1,  2 

Common  carrier  subject  to  railroad  commission.     Other  employers  under  ifldustrial 

accident  commission. 

$  5.  Every  common  carrier  by  rail  employer  who  is  under  a  duty  to  render  the 
report  referred  to  in  section  two  of  this  act  shall  be  subject  to  the  jurisdiction,  control 
and  regulation  of  the  railroad  commission  in  respect  to  auditing  and  inspection  of  all 
books,  records  and  accounts  and  to  enforce  its  orders  in  the  same  manner  and  to  the 
same  extent  as  said  commission  now  possesses  over  any  public  utility  that  is  subject  to 
the  provisions  of  the  "public  utilities  acts"  of  this  state,  approved  December  23,  1911, 
as  amended  June  11,  1913,  and  June  14,  1913,  and  all  acts  amendatory  thereof  or  sup- 
plemental thereto.  Every  employer  coming  under  the  provisions  of  this  act  shall  be 
required  to  post  a  copy  of  this  statement  or  report  upon  all  bulletin  boards  at  terminals 
or  in  a  conspicuous  place  where  employees  can  read  such  statement  or  report.  Every 
employer  other  than  a  common  carrier  by  rail,  who  is  under  a  duty  to  render  the  report 
referred  to  in  section  two  of  this  act,  shall  be  subject  to  the  jurisdiction,  control  and 
regulation  of  the  industrial  accident  commission  in  respect  to  the  auditing  and  inspec- 
tion of  all  books,  records  and  accounts  and  the  authority  is  hereby  conferred  upon  said 
industrial  accident  commission  to  enforce  by  appropriate  orders  and  processes  the  pro- 
visions of  this  act.  The  written  report  required  by  section  two  hereof  when  made  by  a 
common  carrier  by  rail  shall  be  filed  with  the  railroad  commission.  All  other  written 
reports  required  by  section  two  hereof  shall  be  filed  with  the  industrial  accident 
commission.  [Amendment  of  April  6,  1917.  In  effect  July  27,  1917.  Stats.  1917, 
p.  »3.] 

Penalty. 

$  6.  Every  employer  neglecting  or  failing  to  render  or  file  the  report  required  by 
section  two  of  this  act  is  guilty  of  a  misdemeanor  and  is  punishable  by  a  fine  not  less 
than  one  hundred  dollars  or  more  than  two  thousand  dollars  for  each  offense. 

VOCATIONAL  RE-EDUCATION  AND  REHABILITATION. 
ACT  2784 — An  act  to  provide  for  the  support  of  vocational  re-education  and  rehabili- 
tation of  workmen  disabled  in  industry  in  this  state,  and  to  create  a  fund  for  these 
purposes  to  be  known  as  the  "industrial  rehabilitation  fund"  by  fixing  an  additional 
liability  upon  all  employers  liable  under  said  act  in  cases  where  employees  receive 
fatal  compensable  injury  and  leave  no  dependents. 

History:    Approved  May  2,  1919.    In  effect  July  22,  1919.    Stats.  1919, 
p.  273. 

"Industrial  rehabilitation  fund"  created. 

$  1.  Whenever  any  fatal  compensable  injury  is  suffered  by  any  employee  coming 
under  the  provisions  of  said  compensation,  insurance  and  safety  act  and  such  deceased 
employee  does  not  leave  surviving  him  any  person  entitled  to  a  death  benefit,  the 
employer,  or  his  insurance  carrier,  if  he  be  insured  under  said  compensation  act,  shall 
pay  into  the  treasury  of  the  state  of  California  the  sum  of  three  hundred  fifty  dollars 
for  each  such  fatal  injury  in  addition  to  any  other  payments  under  the  provisions  of 
said  compensation  act;  provided,  that  the  total  pajrments  shall  not  exceed  three  times 
the  average  annual  earnings  of  said  deceased  employee.  Said  moneys  paid  into  the  state 
treasury  under  the  provisions  of  this  section  shall  be  covered  into  a  special  fund  to  be 
known  as  the  "industrial  rehabilitation  fund,"  which  fund  is  hereby  created  and 
appropriated  for  the  purposes  set  forth  in  this  act. 

Purpose. 

§  2.  The  industrial  accident  commission  may  draw  upon  said  fund  for  the  promotion 
of  vocational  re-education  and  rehabilitation  of  persons  disabled  in  industry  in  this 
state,  in  addition  to  any  other  money  appropriated  for  such  purposes.  The  controller 
is  hereby  ordered  to  draw  his  warrant  on  said  fund  from  time  to  time  in  accordance 


Act  27S4,  g§  3-6  GENERAL,   LAWS.  1686 

with  the  direction  of  the  commission,  and  the  treasurer  is  hereby  authorized  and 

directed  to  pay  the  same. 

Disposition  of  remainder. 

$  3.  The  treasurer  shall  place  the  remainder,  if  any,  of  the  fund,  after  making  the 
payments  required  by  the  preceding  sections  of  this  act,  semi-annually,  to  the  credit 
of  the  accident  prevention  fund,  established  by  said  compensation  act. 

Revolving  fund.    Expense  of  administration. 

§  4.  As  soon  as  the  sum  of  five  thousand  dollars  shall  have  accumulated  in  said  fund, 
the  treasurer  shall,  upon  the  order  of  the  industrial  accident  commission,  deposit  the 
same  with  the  state  compensation  insurance  fund  as  a  revolving  fund.  The  state  com- 
pensation insurance  fund  shall,  upon  the  order  or  award  of  the  industrial  accident 
commission,  make  the  payments  required  by  sections  two,  three  and  four  from  said 
revolving  fund,  accounting  therefor  to  the  state  board  of  control  as  in  other  cases,  and 
the  state  treasurer  shall  from  time  to  time,  upon  the  order  of  the  commission,  reim- 
burse said  state  compensation  insurance  fund  from  the  industrial  rehabilitation  fund 
for  expenditures  made  from  said  revolving  fund.  The  reasonable  expense  of  adminis- 
tration of  the  said  state  compensation  insurance  fund  in  carrying  out  the  duties  imposed 
by  this  act  shall,  upon  the  auditing  and  approval  thereof  by  the  state  board  of  control, 
be  paid  from  said  industrial  rehabilitation  fund  in  the  same  manner  as  is  provided  in 
this  section  for  other  payments.  The  controller  is  hereby  directed  to  draw  his  warrant 
from  time  to  time  in  favor  of  the  state  compensation  insurance  fund  in  accordance 
with  the  direction  of  said  commission,  and  the  treasurer  is  hereby  authorized  and 
directed  to  pay  the  same. 

Proceedings  to  collect  amount  or  determine  liability.    If  claim  of  dependency  estab- 
lished. 

$  5.  If  any  proceedings  are  necessary  to  collect  from  any  employer  the  amount  men- 
tioi<ed  in  the  preceding  section,  or  to  determine  the  liability  of  any  employer  under 
said  compensation  act  with  respect  to  said  amount,  such  proceedings  shall  be  instituted 
before  the  industrial  accident  commission  of  its  own  motion  or  by  the  attorney  general 
on  behalf  of  the  people  of  the  state  of  California  and  such  proceedings  shall  be  tried 
and  determined  in  the  same  manner  and  with  the  same  effect  as  any  other  proceeding 
to  collect  compensation;  provided,  that  if  proceedings  be  instituted  by  any  other  per- 
son to  collect  benefits  under  the  compensation  act  on  account  of  such  fatal  injury,  the 
commission  may,  if  it  finds  said  sum  of  three  hundred  fifty  dollars  payable  to  the  state 
treasurer,  award  said  sum  to  the  state  of  California  without  the  people  of  the  state  of 
California  being  a  party  to  said  proceedings;  and  provided,  further,  that  if  said  sum 
of  three  hundred  fifty  dollars  shall  be  paid  into  the  treasury  and  at  any  time  thereafter 
any  person  claiming  to  be  a  dependent  of  the  deceased  employee  shall  establish  such 
dependency  and  secure  an  award  therefor,  the  commission  may  make  an  award  against 
the  state  of  California  in  favor  of  said  dependent  for  said  sum  of  three  hundred  fifty 
dollars,  or  as  much  thereof  as  may  be  necessary  to  meet  the  claim  of  such  dependent, 
said  sum  to  be  applied  to  said  death  benefit  and  to  relieve  to  that  extent  the  employer 
or  his  insurance  carrier  against  liability  therefor. 

Authority  of  industrial  accident  commission. 

§  6.  The  industrial  accident  commission  of  the  state  of  California  is  hereby  vested 
with  full  jurisdiction  and  authority  to  hear  and  determine  any  and  all  questions  and 
controversies  arising  under  this  act  and  to  make  and  enter  all  orders  and  awards  nec- 
essary to  carry  out  the  purposes  herein  set  forth. 

MATERNITY  HOSPITALS. 
See  tit.  "Charities  and  Corrections.*^' 


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